HomeMy WebLinkAbout03-0304No. 5
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
March 4, 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 - LOVEJOY
ANTOINE M. THOMPSON - MASTEN
DOMINIC BONIFACIO - NIAGARA
JOSEPH GOLOMBEKJR. - NORTH
MARY M. MARTINO - SOUTH
BETTY JEAN GRANT - UNIVERSITY
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Marc Coppola,
Chairman, Charley H. Fisher III, Joseph Golombek Jr., Mary
Martino, Antoine Thompson- Members
CLAIMS COMMITTEE: Mary M. Martino, Chairman,
Marc A. Coppola, Brian C. Davis, Richard Fontana, Betty Jean
Grant - Members
COMMUNITY DEVELOPMENT COMMITTEE: Antoine
Thompson, Interim Chairman, Dominic J. Bonifacio Jr. Brian C.
Davis, Joseph Golombek Jr., Beverly Gray, Rosemarie
LoTempio- Members
FINANCE COMMITTEE: Betty Jean Grant, Chairman,
Marc Coppola, Brian C. Davis, Charley H. Fisher III, David A.
Franczyk, Mary Martino- Members.
LEGISLATION COMMITTEE: Richard A. Fontana,
Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, Joseph
Golombek Jr., Betty Jean Grant, Rosemarie LoTempio,
Members
RULES COMMITTEE: James W. Pitts, Chairman
Charley H. Fisher III, Rosemarie LoTempio , Members
EDUCATION COMMITTEE: Charley H. Fisher III,
Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, David A.
Franczyk, Beverly Gray, Antoine Thompson; Members
SPECIAL COMMITTEES
TELECOMMUNICATIONS COMMITTEE: James W.
Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty
Jean Grant, Joseph Golombek Jr.; Members
BUDGET COMMITTEE: Rosemarie LoTempio,
Chairman, Richard Fontana, Mary M. Martino, James W. Pitts
ERIE BASIN MARINA LEASE COMMITTEE: James
W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr.,
Charley H. Fisher III, Joseph Golombek Jr.
POLICE REORGANIZATION COMMITTEE: Dominic J.
Bonifacio Jr., Chairman, Brian C. Davis, Richard Fontana,
David A. Franczyk, Mary Martino, Charley Fisher III.
CORPORATION
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, MARCH 4, 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 , LoTempio,
Martino, and Thompson - 12.
ABSENT — Gray - 1.
On a motion by Mrs. LoTempio, seconded by
Mr. Fontana, the minutes of the stated meeting held on
February 18, 2003 were approved.
FROM THE MAYOR
FROM THE MAYOR - EXECUTIVE DEPARTMENT
NO. 1
RE- APPOINTMENT OF MEMBERS TO THE
CITY PLANNING BOARD
Pursuant to the powers vested in me Section 18 -23 of the
Charter of the City of Buffalo, I hereby re- appoint the following
members to the City Planning Board for a term commencing
immediately and will expire October 9, 2005:
Michael G. Lyons 29 Wright Avenue Buffalo,
NY 14215
Cynthia Schwartz 833 Auburn Avenue Buffalo,
NY 14222
1 hereby certify that the above named individuals are fully
qualified for reappointment to the City Planning Board.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CORPORATION COUNSEL AND THE
DIVISION OF COLLECTIONS
FROM THE OFFICE OF CITIZEN SERVICES
NO. 2
BUFFALO WEED AND SEED WEST SIDE PROGRAM
YEARIFUNDS
C.C.P. MARCH 4,2003
This is to advise the Honorable Common Council the funds
for Year I of the Buffalo Weed an( Seed West Side Program, in
the amount of $225,000.00 has been awarded to the City of
Buffalo.
The City of Buffalo's Weed and Seed strategy will be a catalyst
for unprecedented communication and collaboration that will
improved the quality of life for thousands of families or Buffalo's
West Side (Niagara, & parts of Delaware District, Ellicott
District and Fillmore District) - Police District "B & D "). Weed
and Seed has been tremendously successful in identifying
community assets and capitalizing on those resources to more
effectively serve City neighborhoods most in need. In its first
year, the City will utilize an AmeriCorps /VISTA grant recently
awarded from the Corporation for National Service to the City of
Buffalo to perform numerous community- driver weeding and
seeding activities.
The elements of this coordinated Weed and Seed Program will
include law enforcement /interaction with the community,
prevention, intervention and treatment and neighborhood
restoration. The focus of the five elements will be to weed out
factors contributing to socio- economic distress and seed
activities to contribute to the growth of a healthy, revitalized and
sustainable neighborhood.
In its 1st year, the program will address mutual concerns
through special initiatives determined by the police and the
community, work more closely with block clubs, and Safe
Haven sites. Year I will work closely with the Weed and Seed
AmeriCorps /VISTA program to implement specific
neighborhood driven initiatives, youth programming, and further
block club development.
Effective this grant year, an interfund cash loan will no longer
be available for this grant. Money will be drawn down as
expenses are incurred and invoices will be paid when the funds
become available.
These funds will be used to conform to the guidelines of the
grant and as previously approved by the Honorable Body for
Year 1, Year 11, Year III and Year IV. Weed & Seed (East
Side) Program.
Mrs. LoTempio moved
That the Director of Citizen Services be and he hereby is
authorized to accept $225,000 in grant funds for year I of the
Buffalo Weed and Seed West Side Program.
PASSED
AYES - 12 NOES — 0
NO. 3
BUFFALO WEED AND SEED YOUTH OPPORTUNITY
INITIATIVE YEAR III FUNDS
PROCEEDINGS
C.C.P. MARCH 4,2003
ITEM #3 (REPLACEMENT ITEM)
This is to advise the Honorable Common Council the funds
for Year III of the Buffalo Wee and Seed Youth Opportunity
Initiative, in the amount of $138,315.00 has been awarded to
the City c Buffalo.
This grant will allow the Buffalo Weed and Seed Youth
Opportunity Initiative to continue an expand it mission in
engaging youth as crime prevention partners and in service
learning activities in Buffalo's East and West sides (parts of
Police District "B" and "C ") as prescribed by our current UE
Department of Justice Weed and Seed Grant, Youth
Opportunity Initiative.
The Buffalo Weed and Seed Youth Opportunity Initiative will
examine the best practices of the Neighborhood Revitalization
aspects of the East Side Buffalo Weed and Seed program and
the duplicate those services to meet the needs of our West
Side target area as well as expand these services on the East
Side (FEC) target area. Identified components of the program
will include Neighborhood and Park Restoration, Youth
Volunteerism, Academic Assistance, Job Training an
Workforce Development. The Safe Havens model will be the
primary means of implementing our program. Coordinating
these efforts will be residents, youth, law enforcement and the
staff of the Weed and Seed office. In conjunction with other
initiatives already occurring in the target area, the program will
ensure that available Weed and Seed Youth Opportunity
Initiative resources are being used effectively to help meet the
needs of the target population.
Effective this year, an interfund cash loan will no longer be
available for this grant. Money will be drawn down as expenses
are incurred and invoices will be paid as the funds become
available.
These funds will be used to conform to the guidelines of the
grant specified by the U.,'- Department of Labor and Buffalo and
Erie County Work Force Development Consortium and a
previously approved by the Honorable Body for Year I and Year
11.
Mrs. LoTempio moved
That the Director of Citizen Services be and he hereby is
authorized to accept $138,315 in grant funds for year III of the
Buffalo Weed and Seed Youth Opportunity Initiative
PASSED
AYES - 12 NOES -0
NO. 4
BUFFALO WEED AND SEED PROGRAM YEAR VI FUNDS
C.C.P. MARCH 4,2003
ITEM #4 (REPLACEMENT ITEM)
This is to advise the Honorable Common Council the funds
for Year VI of the Buffalo Wee( and Seed Program, in the
amount of $225,000.00 has been awarded to the City of
Buffalo.
The City of Buffalo's Weed and Seed strategy will be a catalyst
for unprecedented communication and collaboration that will
improved the quality of life for thousands of families or Buffalo's
East Side (Masten, Ellicott, Fillmore, University and Lovejoy
Districts) -- Police District "C and "E "). Weed and Seed has
been tremendously successful in identifying community assets
an( capitalizing on those resources to more effectively serve
City neighborhoods most in need. In its sixth year, the City will
utilize an AmeriCorps /VISTA grant recently awarded from the
Corporation for National Service to the City of Buffalo to
perform numerous community driven weeding and seeding
activities.
The elements of this coordinated Weed and Seed Program will
include Law enforcement /interaction with the community,
prevention, intervention and treatment and neighborhood
restoration. The focus of the five elements will be to weed out
factors contributing to socio- economic distress and seed
activities to contribute to the growth of a healthy, revitalized and
sustainable neighborhood.
In its sixth year, the program will operate its highly successful
gun abatement program address mutual concerns through
special initiative determined by the police and the community,
would more closely with block clubs, and Safe Haven sites.
Year VI will work closely with the Weed and Seed
AmeriCorps /VISTA program to implement specific
neighborhood driven initiatives, youth programming, and further
block club development.
Effective this grant year, an interfund cash loan will no longer
be available for this grant. Money will be drawn down as
expenses are incurred and invoices will be paid when the funds
become available.
These funds will be used to conform to the guidelines of the
grant and as previously approved by the Honorable Body for
Year I, Year II Year III, Year IV and Year V.
Mrs. LoTempio moved
That the Director of Citizen Services be and he hereby is
authorized to accept $225,000 in grant funds for year VI of the
Buffalo Weed and Seed Program.
PASSED
AYES - 12 NOES -0
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 5
D.BONAFACIO- C.DELPRINCE
CONCERNS /PROBLEMS- DOWNTOWN
CENTRAL BUSINESS DISTRICT
ITEM #60, C.C.P. FEBRUARY 18, 2003
Having reviewed the February 4, 2003 correspondence from
Chris DelPrince, CEO of DelPrince Fashions Limited to
Council Members, Mr. DelPrince expresses a strong interest in
viable retailing in the central business district in general and the
Main Place Mall in particular. As I understand him, he does not
believe that the Main Place Mall is adequately serving those
consumers who live in or near their place of business nor does
he believe that the Main Place Mall is selecting the appropriate
tenants that serve the local market.
Mr. DelPrince is to be commended for his dedication to and
advocacy for viable retailing in Buffalo. While it is true that there
are a variety of ambitious projects underway to revitalize
downtown and rebuild population density, the reality is that it
will take some time before critical mass can be achieved.
Determining demographic markets and marketing strategies
are always a challenge. These challenges can only be
heightened while working toward that critical mass.
It is, therefore, my recommendation that a meeting be arranged
with the principals of the Main Place Mall to review and discuss
key retail topics, such as the existing and emerging population
trends in the central business district the City of Buffalo Retail
Shopping and Restaurant Usage Study the state of retailing in
the City of Buffalo opportunities for growth in the central
business district
It is my further recommendation that Buffalo Place be
contacted for their input on this matter.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 6
RENEW LEASE AGREEMENT BETWEEN THE CITY
OF BUFFALO
AND THE OLD 1ST WARD COMMUNITY CENTER
FOR USE OF 62 REPUBLIC (A.K.A. 70 VINCENNES)
ITEM NO. 17, C.C.P. 12/23/97
Pursuant to Item No. 17, C.C.P. 12/23/97, Your Honorable
Body authorized a five (5) year lease agreement between the
City of Buffalo and the Old First Ward Community Center for
use of 62 Republic (a.k.a. 70 Vincennes). This agreement was
for the period of January 1, 1998 through December 31, 2002.
This office has received a letter from the Old 1 " Ward
Community Center requesting to renew their lease agreement
for an additional five (5) year period under the same terms and
conditions as their present lease. The lease renewal shall
commence an January 1, 2003 and expire on December 31,
2007. All other terms and payments shall remain the same.
Attached is a copy of the agreement for review.
This office recommends that Your Honorable Body renew their
present lease agreement for an additional five - (5) year period
to commence on January 1, 2003 and expire on December 31,
2007. 1 am further recommending that Your Honorable Body
authorize the Corporation Counsel to prepare the necessary
documents to renew said agreement and that the Mayor be
authorized to execute the same.
Mrs. LoTempio moved:
That the above communication from the Office of Strategic
Planning dated February 20, 2003, be received and filed; and
That the Interim Executive Director of Strategic Planning be,
and he hereby is authorized to renew the lease between the
City and the Old First Ward Community Center, for use of 62
Republic (a /k/a 70 Vincennes) for an additional five (5) year
term commencing on January 1, 2003 and expiring December
31, 2007. That the Corporation Counsel be authorized to
prepare the necessary lease and that the Mayor be authorized
to execute the same.
PASSED
AYES -12 NOES -0
NO. 7
RENEW LEASE AGREEMENT BETWEEN THE CITY OF
BUFFALO AND
FRIENDS OF THE ELDERLY YOUTH & FAMILY
CENTER, INC. FOR USE OF
118 EAST UTICA STREET
ITEM NO. 146, C.C.P. 7/21/98
Pursuant to Item No. 146, C.C.P. 7/21/98, Your Honorable
Body authorized a five (5) year lease between the City of
Buffalo and Friends of the Elderly, Youth & Family Center, Inc.
This lease was for the period of April 1, 1998 through March
31, 2003 for use of city -owned property located at 118 East
Utica Street. The current lease has an option to renew for an
additional five -year period
The Office of Strategic Planning, Division of Real Estate, has
received a request from the Friends of the Elderly, Youth &
Family Center, Inc. requesting to renew their current lease
agreement.
The Dept. of Public Works has indicated that final portion of
the remodeling was substantially completed on January 31,
2003. The terms of the lease shall indicate that the City and
Friends of the Elderly, Youth & Family Center, Inc. shall each
pay a percentage of the electric, gas and water utilities on the
[eased premises, at a ratio of 60% City of Buffalo's obligation
and 40% - Friends of the Elderly, Youth & Family Center, Inc.
obligation.
The rental will remain at One Dollar ($1.00) per year and all
other terms and conditions of said lease shall remain the same.
This office recommends that Your Honorable Body renews
their present lease agreement for an additional five -(5) year
period commencing April 1, 2003 and expire March 31, 2008. 1
am further recommending that Your Honorable Body authorize
the Corporation Counsel to prepare the necessary documents
to renew said lease and that the Mayor be authorized to
execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 8
RENEW LEASE AGREEMENT BETWEEN THE CITY OF
BUFFALO AND
SOUTH BUFFALO POST #721 THE AMERICAN
LEGION INC. FOR USE OF
136 CAZENOVIA STREET
ITEM NO. 85, C.C.P. 11/25/97
Pursuant to Item No. 85, C.C.P. 11/25/97, Your Honorable
Body authorized a five (5) year lease agreement between the
City of Buffalo and South Buffalo Post #721, of the American
Legion for use of city -owned property located 136 Cazenovia
Street, Buffalo, New York 14210. This lease was for the period
of December 1, 1997 and terminating on November 30, 2002.
The Office of Strategic Planning, Division of Real Estate, has
received a request from the South Buffalo Post # 721 of the
American Legion to renew their lease for an additional five
(5) -year period to commence on December 1, 2002 and expire
on November 30, 2007.
This office recommends that Your Honorable Body renew their
lease agreement for an additional five (5) year period to
commence on December 1, 2002 and expire November 30,
2007. 1 am further recommending that Your Honorable Body
authorize the Corporation Counsel to prepare the necessary
documents to renew said lease and that the Mayor be
authorized to execute the same.
Mrs. LoTempio moved
That the above communication from the Office of Strategic
Planning dated February 20, 2003, be received and filed; and
That the Interim Executive Director of Strategic Planning be,
and he hereby is authorized to renew the lease between the
City and South Buffalo Post #72 1, of the American Legion, for
use of 136 Cazenovia Street for an additional five (5) year term
commencing on December 1, 2002 and expiring November 30,
2007. That the Corporation Counsel be authorized to prepare
the necessary lease and that the Mayor be authorized to
execute the same.
PASSED
AYES - 12 NOES - 0
NO. 9
RESPONSE TO REQUEST - DISCONTINUANCE AND
ABANDONMENT ASBURY ALLEY
ITEM #29, C.C.P. 2/18/03
The above referenced item was referred to the Office of
Strategic Planning, Division of Real Estate, for comment.
The Commissioner of Public Works, Parks & Streets has
petitioned the Common Council for the discontinuance and
abandonment of the remaining portion of Asbury Alley for the
Owens B. Augspurger Ramp Addition Project. In order to
construct the ramp, it will be necessary to abandon and close
the remaining portion of Asbury Alley to vehicular traffic.
This request has been forwarded to the Division of Real Estate
for review and comment. The City has acquired title to the
building at 43 -47 West Huron located on one side of the Alley
and anticipates acquiring the surface parking lot on the other
side of the Alley. There will be no other adjoining property
owners that would be affected by the discontinuance and
abandonment of the remaining portion of Asbury Alley. The City
will retain title to Asbury Alley after the abandonment. Based on
the above the Division of Real Estate recommends the
discontinuance and abandonment of the remaining portion of
Asbury Alley.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 10
RESULTS OF NEGOTIATIONS
92 HARVARD, 182' S LAFAYETTE
LOT SIZE: 36'X 224'
ASSESSED VALUATION:
LAND: $ 5,200
TOTAL: 41,500
The Office of Strategic Planning, Division of Real Estate, has
received a request to purchase 92 Harvard Place from Mr.
Teysir Abajobir, 14 Horton Place, Buffalo, New York 14209.
Mr. Abajobir intends to bring the single family house into code
compliance and use as a place of residence.
The purchaser has provided the Division of Real Estate with a
plan to rehabitate the house and proof of financial ability to
complete the purchase and repairs. This two and one half
single family dwelling was acquired by the City of Buffalo
through a tax foreclosure in 1999, situate on a lot 35' x 224' in
fair condition.
The Department of Permits and Inspection Services and the
Division of Collections have no objections to the sale. There are
no code violations, taxes or other liens owed to the City of
Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar
houses in the subject area. Sales prices range from two dollar
and seventy -one cents ($2.71) to three dollars and thirty seven
cents ($3.37) per square foot of living area.
The results of our negotiations are that Mr. Teysir Abajobir has
agreed and is prepared to pay three thousand five hundred
dollars ($3,500), two dollars and seventy cents (2.70) per
square foot for this house. He has also agreed to pay for the
cost of transfer tax, recording fee's and cost of the legal
description.
I am recommending that Your Honorable Body approve the sale
of 92 Harvard Place to Mr. Teysir Abajobir in the amount of
three thousand five hundred dollars ($3,500). 1 am further
recommending that the Corporation Counsel prepare the
necessary documents for the transfer of title and that the Mayor
be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 11
SEQR TASK FORCE RECOMMENDATIONS
Attached, for your review, are the comments of Strategic
Planning Staff regarding the proposed SEQR Task Force
recommendations.
In addition, Strategic Planning Staff are: a.) currently reviewing
the City's SEQR Ordinance to determine appropriate revisions
and /or amendments as per Task Force recommendation #2;
and (b) reviewing the City Charter Amendment regarding the
establishment of a Division of Environmental Affairs within
Strategic Planning in order to determine what would be the
duties of this division (as per Task Force recommendation #4).
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
FROM THE COMPTROLLER
NO. 12
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
GENERAL FUND UTILITIES - GAS
BUILDINGS - ENGINEERING & TECHNICAL SERVICES
We, Anthony M. Masiello, Mayor and Andy Sanfllippo,
Deputy Comptroller, do hereby certify, pursuant to §20 -12 of
the Charter, that it is necessary that the sum of $16,400 be
transferred from General Fund Utilities - Gas and
reappropriated, as set forth below:
From:
General Fund Utilities
17213003 - 441001 Gas $16,400
To:
Buildings
13291006 - 432004 Engineering & Technical Services
$16,400
REFERRED TO THE SPECIAL COMMITTEE ON ENERGY
NO. 13
USER FEE SYSTEM
Audit Findings
1. There are 299 properties that are not being billed by
the User Fee system.
2. The property classes range from vacant land to
multiple dwellings.
3. Property owners include City agencies
(BURA,BNRC,BMHA) and some well -known
individuals.
4. The sample physical inventory revealed garbage totes
and recycle boxes at locations that are not on the User
Fee system and hence are never billed for the garbage
pickup that the City of Buffalo provides.
Audit Request
We wrote to the Commissioner and Deputy Commissioner and
asked the obvious questions about our results and suggested
recommendations.
Should these proper -ties be in the User fee billing system If
not, please inform us as to the reason
For those that should be included, please set them up for
retroactive billing.
Inform us of the results
Our letters were dated in February, March and June of 2002
Audit Reply
The commissioner's reply (enclosed) stated that they "reviewed
the properties in question.,... Our research has revealed that
these are properties that have been subject to some from of
property change during this past year."
And he further states that "Since the Department of
Assessment adds these new properties to the City roll after
July "has taken steps to send this information Attached is a
form developed by the Department of Assessment that will be
used to notify the User Fee office of these property changes."
Audit Recommendations
1. Implement the system suggested in the reply.
2. Specific answers for the 299 instances need to be
documented. Logic would indicate other problems with
updating must exist. If the first comparison ever done between
these two systems revealed 299 instances, how can we be
assured that the manual input form will solve everything.
3. Collect on retroactive billings
4. Recommend system architecture improvements
including a CIF.
5. Consider updating real estate records consistent
with County updates.
6. How many other systems have incorrect property
locations and property owners?
7. Investigate regional initiatives with County real estate
records.
Run the system file data and compare semiannually
REFERRED TO THE COMMITTEE ON FINANCE AND
COMMISSIONER OF PUBLIC WORKS PARKS AND
STREETS
FROM THE PRESIDENT OF THE COUNCIL
NO. 14
C. BISHOP
OFFICE OF TELECOMMUNICATIONS,
UTILITIES & FRANCHISES
REQUEST FOR ADOPTED CABLE ACCESS TV CHANNEL
ADELPHIA
Thank you for your quick reply concerning the usage
requirements connected to the City's request for an additional
cable access television channel. We have recently seen an
exponential increase in requests for time slots for Access
Buffalo (Adelphia - Buffalo Channel 20).
Enclosed is our analysis )f the current programming on the
channels. The channels are in use 1000/6 for the hours 6PM -1
IPM and in use 59% for the hours I IPM -6PM. We anticipate
additional timeslot requests, specifically for the public access
channel, as a result of our continued public access training
class schedule for all of 2003.
We feet this demonstrates that the usage threshold has been
met and thus are formally requesting the start of the process of
securing a fourth cable access television channel pursuant to
Adelphia's cable franchise agreement with the City. (pg. 56,
item "b ", paragraph "ii ")
"the fourth channel shall be presumed justified by a
demonstrated use of the initial three channels equal to
scheduled program material (not inclusive of pre - programmed
repeated character message screens) -as measured over a
ninety (90) day period; ."
If you have any questions, please feet free to call me at (716)
851 -4297. We took forward to not only securing the additional
access channel but also collaborating with Adelphia to
cablecast our access television programming to the suburbs in
the immediate future.
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS
NO. 15
LEAP WIRELESS, A.K.A. CRICKET COMMUNICATIONS,
FURNISHES IDENTITY THIEVES WITH STOLEN
CUSTOMER INFORMATION
This letter is to inform YOU that Leap Wireless, the holding
company for Cricket Communications wireless service, is a
fraudulent company that violates the privacy rights of its 1.4
million customer base on a daily basis. It is not a coincidence
that much of the private personal data of Cricket customers
has ended up in the hands of identity thieves. This company
must be stopped and its executives punished.
It is widely known that the company has Enron -esque
tendencies and has reported fraudulent customer numbers and
fictitious revenue numbers each quarter for the past several
years. However, the market is slowly correcting those actions
as several class action lawsuits are pending, the stock has
been delisted and the company is struggling to avoid
bankruptcy as it has defaulted on its loan payments to its
vendors.
But nothing has been done to protect the privacy rights of the
1.4 million customers, It is known throughout the company that
current business operations violate the privacy laws in all the
states the company operates in. Yet the executives do nothing
about this. Their attitude is, "as long as no one says anything,
we will be fine ". With bankruptcy looming they feel there are
more important things to worry about. They ignore the whispers
in the hallways of customer identities being stolen. Well, it is
time someone spoke up and put an end to the fraudulent use of
the personal information of innocent consume s.
What is at the heart of the matter is the fact that Leap
Wireless /Cricket Communications does not mask its
customers social security numbers or credit card numbers in
their billing system. Thus, a person's full social security
number, credit card number, credit card expiration date, birth
date and address are all easily accessible in Cricket
Communications billing system. And this information is
accessible by anyone who has access to the system. Yes, that
is right, anyone given access to the Cricket Communications
billing system has access to all of the customer information.
From the lowly customer service representative, that makes $6
an hour, to the part -time high school retail clerk to the
temporary employee on up to the executive level, if one has
access to the system then one has access to all the private
data of every customer Cricket Communications has ever had.
That means the 1.4 million active customers and the hundreds
of thousands of customers that stopped using the service, but
are still in the system. are at risk, That is over 3 million people
who all have their private data in Cricket Communications
system and all of it is at risk of being stolen or already has been
stolen.
This company must be stopped and its customer data
protected. The
antiquated billing system used does not protect any of the
customers private data and the public should know about this.
Customers should be aware of this fact before they decide to
purchase a phone from Cricket Communications so they can
make an educated purchase and know ahead of time what risk
they are taking. Identities are being stolen from Leap
Wireless /Cricket Communications customer data and nothing
is being done to stop this. Please help inform the public of this
and prevent more identities from being stolen.
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS AND THE STATE ATTORNEY
GENERAL
NO. 16
STATEMENT OF QUALIFICATIONS
Please be advised that the Bullard Lobban Law Group, a
regional based minority law firm, is interested in any
opportunities for engagement of our firm by the City of Buffalo.
Presently, there is profound disparity regarding minority
utilization in the areas of professional services including legal
services. The Common Council has adopted various
resolutions to ameliorate minority participation in all areas of
endeavor. However, the well intentioned legislation has not
produced the desired level of participation.
Therefore, Bullard Lobban would be interested in the following
areas of potential participation:
1. Economic development opportunity;
2. Small or large scale housing development;
3. Federal or HUD housing project development;
4. Real estate transactions; and
5.Tax securitization matters or municipal finance handled
through the municipal practice of Lewis Munday and
Bullalyd, including the Buffalo office.
If interested, we would be happy to forward to your attention our
Statement of Qualifications
Thank you in advance for the expeditious manner in which you
will process our request.
REFERRED TO THE MINORITY BUSINESS ENTERPRISE
COMMITTEE
FROM THE COMMISSIONER OF ASSESSMENT AND
TAXATION
No. 17
Sale of City of Buffalo Tax Liens
to New York State Municipal
Bond Bank Agency
At the request of Council President James W. Pitts
and James B. Milroy, Ph.D., Commissioner of Administration
and Finance, I am providing the Council with a list of the
parcels and City tax liens which the City of Buffalo will be
selling to the state's Municipal Bond Bank Agency.
Please review the list and provide a written list to this office, to
my attention, by the close of business Friday, March 14, 2003,
of the properties that should be removed from the sale because
of anticipated future neighborhood, residential or commercial
development.
We have forwarded a copy of this list to Strategic Planning and
to the Buffalo Economic Renaissance Corporation for their
review and response by close of business March 14, 2003
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS
AND STREETS
NO. 18
Report of Bids
Small Animal Shelter
Kennel Upgrades
Job No. 02 -105
1 advertised for on January 28, 2003 and received the following
sealed formal proposals for the Small Animal Shelter, Kennel
Upgrades, which were publicly opened and read on February
26, 2003.
Base Bid Alt. #1 Alt.
#2
Miller Enterprises $57,000 $2,100
$8,400
12 Newfield, Bflo, NY
C. Nichter $67,000 $2,000
$7,200
30 Wildwood, Lancaster, NY
Nichter Associates $113,000 $2,900
$9,500
3435 Harlem, Cheektowaga, NY
Alternate #1 is to delete cleaning and repainting of existing
steel doors and replace with FRP (fiberglass reinforced
polymer) doors which are less likely to corrode.
Alternate #2 is to replace (5) fixed panels with pass thru doors
in kennels to provide more flexibility in moving the animals, and
supply (2) extra panels of each type as spare parts.
I hereby certify that the foregoing is a true and correct
statement of all bids received and that Miller Enterprises, with a
base bid of $57,000, add Alternate #1 for $2,100, add Alternate
#2 for $8,400, for a total bid price of Sixty Seven Thousand
Five Hundred and 00/100 Dollars ($67,500.00), is the lowest
responsible bidder in accordance with the plans and
specifications.
I recommend that Your Honorable Body authorize the
Commissioner of Public Works, Parks & Streets to order the
work on the basis of the low bids. Funds for this project are
available in CPF 36322206 445100 - Buildings.
Mrs. LoTempio Moved:
That the above communication from the Commissioner of
Public Works, Parks and Streets dated February 26, 2003, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets,
be, and he hereby is authorized to award a contract for the
Small Animal Shelter, Kennel Upgrades, to Miller Enterprises,
the lowest responsible bidder, in the base bid amount of
$57,000, add Alternate #1 for $2,100, add Alternate #2 for
$8,400.00, for a total bid price of $67,500. Funds for the
project are available in CPF 3 63 22206 445 100 - Buildings.
Passed.
AYES -12- NOES -0
NO. 19
Change in Contract
Pratt Willert Community Center
Interior Renovations
I hereby submit to Your Honorable Body the following changes
for the Pratt Willert Community Center, Interior Renovations,
The Peyton Barlow Co., Inc., C #92010690.
1. Removal and replacement of damaged
hardwood flooring in gymnasium. Add $
4,456.00
The foregoing change results in a net increase in the contract
of Four Thousand Four Hundred Fifty Six and 00/100 Dollars
($4,456.00).
Summary:
Current Contract Amount $
99,437.00
Amount of This Change Order ( #5) Add $
4,456.00
Revised Contract Amount
$103,893.00
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 30014706 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 February 26, 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. 5, to
The Peyton Barlow Co., Inc., an increase in the amount of
$4,456.00, as more fully described in the above
communication, for work relating to Pratt Willert Community
Center, Interior Renovations, C #92010690. Funds for this
project are available in CPF 30014706 445 100 - Division of
Buildings.
Passed
AYES -12- NOES -0
NO. 20
Establishment of Lead Agency and Coordinated Review
The Buffalo Water Board (the "Water Board ") hereby
designates itself as the Lead Agency to carry out the State
Environmental Quality Review Act (SEQRA) process to review,
undertake, fund and /or approve the following actions:
The action involves entering into a Management Agreement by
and between the Water Board and American Water Services,
Inc. ( "AWS "). The Agreement provides for the engagement of
AWS as a professional manager of the Water Board's water
facilities, including but not limited to, intake, treatment and
distribution facilities (collectively the "System "). The
Management Agreement also provides for AWS' assistance to
the Water Board with respect to the System, including the daily
management of the operation, repair and maintenance of the
System. The City of Buffalo will continue to provide the Water
Board with general overhead services and facilities, including
the services of the City's employees for operations,
maintenance, repair administrative, billing and collection
matters and the use of the City's facilities for meetings and
other administrative matters. The project is located in the City
of Buffalo, Erie County.
The Water Board has made a preliminary determination that
the Action is an Unlisted Action in accordance with 6
N.Y.C.R.R. Part 617.2. Attached is a copy of Part I of the
SEQRA Environmental Assessment Form and Coastal
Assessment Form for your information and review.
If you have any questions, comments or need any further
information about the Buffalo Water Board's lead agency
designation or the EAF, please contact Commissioner Joseph
N. Giambra of the Department of Public Works, Streets and
Parks at 502 City Hall, Buffalo, New York 14202, telephone
(716) 851 -5636.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 21
Grass cutting invoice transfers
In accordance with Chapter 341, Article I of the City
Ordinance, I am herewith attaching a list of parcels of land in
the City of Buffalo owners or persons having charge of such
lands and the cost of cutting grass, weeds on these properties
by the Department of Street Sanitation during the months of
June through October 2002.
The Department of Street Sanitation is requesting that the
following invoices be abated and the Commissioner of
Assessment place the Charge(s) on the Local tax rolls.
2003 Total - $122,145.00
Mrs. LoTempio Moved
That the above communication from the Deputy Commissioner
of Street Sanitation dated February 20, 2003, be received and
filed, and
That the Deputy Commissioner of Streets and the
Commissioner of Assessment and Taxation be, and they
hereby are authorized to abate the cost of cutting grass weeds,
on the properties listed in the attached communication during
the months of June through October 2002 in the total amount
of $122,145.00.
PASSED
AYES -12- NOES -0
NO. 22
Certificate of Appointment
Appointment Effective: February 19, 2003 in the Department
of Public Works, Parks & Streets Division of Streets to the
Position of Equipment Operator Permanent Appointment at the:
Maximum
(Enter Starting Salary) Starting Salary of: $31,838
Philip Gramaglia 328 Bedford Buffalo, NY 14216
REFERRED TO THE COMUTTEE ON CIVIL SERVICE
NO. 23
Certificate of Appointment
Appointment Effective: February 19, 2003 in the Department of
Public Works Parks & Streets Division of Streets to the
Position of Heavy Equipment Operator Permanent Appointment
at the: maximum
(Enter Starting Salary) Starting Salary of: $ 33,392
Richard E. Chmiel 76 Vandalia St. Buffalo, NY 14204
1: 7���: 7: 7���ri��. I�K� ]dildil�����i7►[yD /1�9�:�� /[y�
NO. 24
RETURN FROM LEAVE OF ABSENCE
Be advised that Firefighter Mark Steward has returned from
his unpaid administrative leave of absence as of February 24,
2003.
RECEIVED AND FILED
NO. 25
CERTIFICATE OF APPOINTMENT
APPOINTMENT EFFECTIVE: February 27,2003) IN THE
DEPARTMENT OF: Fire TO THE POSITION OF: Fire
Captain permanent promotion at the: flat Starting salary of:
$59,432
John Leising 138 Depew 14214
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CORPORATION COUNSEL
NO. 26
Review of Nominees for
Appointment - Buffalo Cable Access
TV Advisory Board
C.C.P., 2/18/03, No. 64
The Corporation Counsel conferred with the Division of
Collections and reports (as verified by that Division as of
February 24, 2003) that the following nominees to the Buffalo
Cable Access TV Advisory Board has no outstanding debts to
the City:
Zeb Syed
Scott Turner
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 27
Review of Nominees for
Appointment- Commission on
Citizens Rights and Community
Relations
C.C.P., 2/18/03 No. 1
The Corporation Counsel conferred with the Division of
Collections and reports (as verified by that Division as of
February 24, 2003) that the following nominee to the
Commission on Citizens Rights and Community Relations has
no outstanding debts to the City:
David Caruso
RECEIVED AND FILED
NO. 28
Review of Nominees for
Appointment- Commission on
Citizens Rights and Community
Relations
C.C.P., 2/18/03 No. 3
The Corporation Counsel conferred with the Division of
Collections and reports (as verified by that Division as of
February 24, 2003) that the following nominee to the
Commission on Citizens Rights and Community Relations has
no outstanding debts to the City:
Mark Phillips
Received and filed
NO. 29
Review of Nominees for Re
Appointment- Committee for
Persons with Disabilities
C.C.P., 2/18/03 No. 5
The Corporation Counsel conferred with the Division of
Collections and reports (as verified by that Division as of
February 24, 2003) that the following nominees to the
Committee for Persons with Disabilities has no outstanding
debts to the City:
Kevin Klenk James Lagona
Susan Kahaly Robert McPartland
Received and filed
No. 30
Certificate of Appointment
Appointment Effective: February 19, 2003 in the Department
of Law to the Position of Assistant Corporation Counsel 11
Permanent
Non - Competitive at the: Intermediate Starting Salary of:
$59,541.00
Craig D. Hannah 351 Winslow Avenue, Apt. #2 Buffalo, NY
14211
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF PERMIT & INSPECTION
SERVICES
NO. 31
Report of Formal Demolition Bids(s)
FINAL AWARD REPORT
Please be advised that the City of Buffalo, Department of
Permit & Inspection Services, solicited bids for numerous
properties which were opened on February 4, 2003. The
Awards were made as follows:
PACKAGE/ADDRESS CONTRACTOR and $
AMOUNT of BID
BID NUMBER ONE ZOLADZ CONSTRUCTION$
140,754.00
BID NUMBER TWO ZOLADZ CONSTRUCTION$
97,084.00
BID NUMBER THREE ZOLADZ CONSTRUCTION$
117,522.00
BID NUMBER FOUR ZOLADZ CONSTRUCTION$
132,718.00
CDBG FUNDED BIDS ZOLADZ CONSTRUCTION$
56,500.00
32 FUHRMANN BLVD. CAMBRIA CONTRACTING$
18,000.00
THE ABOVE BIDS WERE REVIEWED BY THE LA W
DEPARTMENT.
AWARD LETTERS HAVE BEN ISSUED.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 32
Response of Council Inquiry 2/21/03
TOPOR DEMOLITION REPORT
(Item No. Com 49, C.C.P. 02/18/2003)
Please be advised that the City of Buffalo, Department of
Permit & Inspection Services, is herein responding to the
inquiry of The Council dated February 21, 2003 as follows:
1. Topor Demolition was not the contractor awarded,
therefore the time frame for demolition by them i.,
moot.
2. See attached listing of all City of Buffalo sponsored
activity involving Topor Demolition.
3. All asbestos for properties has been removed prior
to demolition bid.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 33
Second Hand Dealer
74 E. Huron Street
Pursuant to Chapter 254 of the City of Buffalo
Ordinances, please be advised that I have examined the attach(
application for a Second Hand Dealer License located at 74 E.
Huron Street and find that as to form is correct. I ha, caused an
investigation into the premises for which said application for a
second hand dealer license is being sought according to the
attached reports from the Zoning Office, Fire Department and
Building Inspections, I find it complies with all regulations and
other applicable laws, I have caused an investigation by the
Police Department into the moral character of Ronald L. Cozzi.
The attached thereto for Ronald L. Cozzi d /b /a Old Editions
Bookshop & Caf6. Th request is submitted for your approval or
whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 34
Used Car Dealer
15 Newfield
Pursuant to Chapter 254 of the City of Buffalo
Ordinances, please be advised that I have examined the
attached application for a Used Car Dealer License located 15
Newfield and find that as to form it is correct. I have can an
investigation into the premises for which said application for a
used car dealer license is being sought . according to the
attached reports from the Zoning Office, Fire Department and
Building Inspections, I find it complies with all regulations and
other applicable laws. I have caused and investigation by the
Police Department into the moral character of Gerlondo Italia.
The attached thereto for Gerlondo Italia. d /b /a Blackrock
Salvage. This request is submitted for your approval or
whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 35
Used Car Dealer
74 Skillen
Pursuant to Chapter 254 of the City of Buffalo Ordinances,
please be advised that I have examined the attached
application for a Used Car Dealer License located 74 Skillen
and find that as to form it is correct. I have caused a
investigation into the premises for which said application for a
used car dealer license is being sought an according to the
attached reports from the Zoning Office, Fire Department and
Building Inspections, I rind complies with all regulations and
other applicable laws. I have caused and investigation by the
Police Department into the moral character of Mike Zwelling.
The attached thereto for Mike Zwelling. d /b /a D & M Collision.
Th request is submitted for your approval or whatever action
you deem appropriate.
V A9A V VA 111ri11 A. I:9K0 ]dildiIIaAA000111Me169IF_VA Ito] 011
No. 36
Used Car Dealer
1193 Jefferson
Pursuant to Chapter 254 of the City of Buffalo Ordinances,
please be advised that I have examined the attach4 application
for a Used Car Dealer License located 1193 Jefferson and rind
that as to form it is correct. I ha, caused an investigation into
the premises for which said application for a used car dealer
license is being sought and according to the attached reports
from the Zoning Office, Fire Department and Building
Inspections, I find complies with all regulations and other
applicable laws. I have caused and investigation by the Police
Department into the moral character of Gregory Hopkins. The
attached thereto for Gregory Hopkins. d /b /a Greg's Tire
Automotive Repair. This request is submitted for your approval
or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 37
Certificate of Appointment
Appointment Effective: February 24, 2003 in the Department
of Permit & Inspection Services Division of Inspections to the
Position of Building Inspector Permanent Appointment at the:
Intermediate Starting Salary of: $ 40,838.
Paul Clift 73 Gladstone Buffalo, New York 14207
REFERRED TO THE COMIITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF ADMINISTRATION AND
FINANCE
NO. 38
IN REM NO 37
LIST OF DELINQUENT TAXES
Attached list available for review in the City Clerk's Office
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR
REVIEW
RECEIVED AND FILED
NO. 39
Certificate of Appointment
Appointment Effective: February 24, 2002 in the Department of
Administration and Finance Division of Parking Enforcement to
the Position of Laborer II Permanent Non - Competitive
Intermediate
Starting Salary of $26,016
Theresa A. Nichols 325 Connecticut Street Buffalo 14213
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 40
Certificate of Appointment
Appointment Effective: February 25,2002 in the Department of
Administration and Finance Division of Parking Enforcement to
the Position of Senior Administrative Assistant PERMANENT
APPOINTMENT MAXIMUM Starting Salary of $43,607
Kathleen A. Marciano 458 Parkside Avenue Buffalo 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF COMMUNITY SERVICES
NO. 41
CERTIFICATE OF APPOINTMENT
Appointment Effective February 25, 2003 in the Department
of Community Services Division of Contract
Administration
to the Position of Fiscal Supervisor, PERMANENT
APPOINTMENT at the MAXIMUM Starting Salary of $38,068
Catherine Sexton, 131 Colvin Avenue, Buffalo, 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF HUMAN RESOURCES
NO. 42
COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE CITY OF BUFFALO AND
THE BUFFALO CROSSING GUARDS ASSOCIATION,
INC.
JULY 1, 2002 THROUGH JUNE 30, 2004
Attached please find the Contract Settlement between the
City of Buffalo and the Buffalo Crossing Guards Association,
Inc. for the contract period, July 1, 2002 through June 30,
2004.
The Agreement provides for one (1) additional paid sick leave
day (4 hours). It also provides for on( (1) additional paid holiday
(Martin Luther King Day), retroactive to January 2003.
There were no salary increases for this contract period.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE BOARD OF EDUCATION
NO. 43
SEQR PROCESS FOR SCHOOL CONST
Please find the response necessary for comments regarding
the SEQR process for school construction by the Buffalo
Board of Education, and the Joint Schools Construction Board.
School construction and reconstruction through the JSCB or
directed by the Board of Education has the City School District
of the City of Buffalo (the District) as lead agency under the
SEQR act. The District was assisted in the SEQR review
process by the Phillips -Lytle firm.
The District conducted a coordinated review process, with the
State Education Department as an involved agency. Based on
a thorough review and examination, the Superintendent filed a
negative declaration as required by SEQRA, for the
reconstruction projects.
For further information regarding the SEQRA process or
specific projects, please contact:
Roy W. Rogers
Chief Operations Officer
Buffalo Public Schools
422 City Hall
Buffalo, NY 14202
851 -3524
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY
BMHA
NO. 44
"SUPPORT MARINE DRIVE RESIDENTS"
#110 C.C.P., FEB. 4, 2003
1 write in response to both the above - referenced Resolution
and to a subsequent letter from Mark Jaskula, which requested
certain information.
I have attached a copy of a resolution passed by the Buffalo
Municipal Housing Authority Board of Commissioners at its last
regular meeting, as well as a copy of a letter which Executive
Director Sharon M. West has sent to each Marine Drive
resident. I assume that the resolution answers some of the
questions Councilmember Franczak presented concerning the
development.
The resolution also addresses the question of who has been
assigned to negotiate a new lease. A committee has been
formed by the Board, which will consist of Executive Director
Sharon M. West, Vice Chair Modesto Candelario, Chairman
Sherrill Colston, Board Member Robert Giannada, myself, and
two appointees from the Mayor. We have met with the
members of the Marine Drive management team on a few
occasions, but those talk have since ceased while we study the
various options open to us at the conclusion of the lease.
The Buffalo Municipal Housing Authority has caused an
appraisal to be done of the Marine Drive Apartments. We have
not done a marketing study.
The Buffalo Municipal Housing Authority has not considered
any sites around Marine Drive for additional public housing, nor
is the Buffalo Municipal Housing Authority considering Marine
Drive itself as a site for public housing. It has never been our
intention to return Marine Drive to its former status as
conventional state Public Housing.
We will continue to keep the Council apprised as to the status
of our research. I remain,
Very truly yours,
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE CITY CLERK
No. 45
Minutes of the Board of Ethics
Attached please find the minutes of the January 7,
2003 Board of Ethics meeting.
Board of Ethics Meeting
Present: Douglas Coppola, James Magavern, Charles L.
Michaux,
Michael Risman, David Hayes, of Counsel
Excused: Eleanor Paterson, Charles Price, Richard Sullivan
Ex- Officio: Margherita Fanti
Item #1) Roll Call
Item #2) The board moved to accept the minutes of the
December 17, 2002 meeting. So moved by Mr. Coppola,
seconded by Mr. Michaux. All were in favor and the minutes
were approved.
Item #3) The board reviewed the itinerary provided by Mr.
Giambra regarding a trip to Las Vegas in May of 2002. Mr.
Michaux noted that since Mr. Laudico and Mr. Sullivan did not
submit their itinerary, that perhaps Mr. Glambra failed to remind
them to do so. Therefore, the board asked that a letter is sent
to Mr. Laudico and Mr. Sullivan reminding them that they too
need to file an itinerary. Mr. Coppola suggested that a copy of
Mr. Giambra's submission be attached to assist them in filing.
Mr. Coppola moved to receive and file Mr. Glambra's filing,
seconded by Michael Risman.
Item #4) The board reviewed a letter sent by Mr. Laudico
regarding an upcoming trip he was invited to attend by the
Caterpiller Corporation. The trip is scheduled to take place
February 12 -13, 2003. The board moved to received and file
the letter and asked that a letter be sent to Mr. Laudico
reminded him to follow -up with a full itinerary of the trip upon
his return.
Mr. Coppola asked that a letter be sent to Mr. Price regarding
his position with the board. The intent of the letter is to find out
if he (Mr. Price) is in good health since the board has not heard
from him in some time, and to confirm his position on the
board.
Old Business: Item #1.) Mr. Sullivan, after speaking with Mr.
Coppola on the telephone, asked that the board keep this item
on the agenda until the next board meeting.
The next meeting of the Board of Ethics was set for Tuesday,
February 4, 2003 in
room 1317 at 9:00 a.m. Meeting adjourned.
RECEIVED AND FILED
No. 46
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
320 Pearl St Century Grill
Financial Inc
1389 Delaware Lotis Cafe & Lounge
Jason
Pasquarella
325 Newfield Cahill's Inc
Kathleen
Lewis
1503 Hertel LaMarina Seafood
Paul
Zuppinger
RECEIVED AND FILED
No. 47
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:
• Assessment and Taxation- Bruna Michaux
• Public Works, Streets & Parks- Holly McNamara
• Police- Louis Cardona 11, Elizabeth Mann, Anita Clark
RECEIVED AND FILED.
No. 48
Notices of Appointments - Seasonal /Flat
I transmit herewith certificates received by me
reporting seasonal and flat salary appointments made it
various departments.
RECEIVED AND FILED.
Certificate of Appointment
Appointment Effective: February 24, 2003 in the Department of
Law
to the Position of Intern V Seasonal Appointment at the: FI at
Starting Salary of: $ 8.00 /hour
Timothy A. Ball 184 Norwalk Avenue Buffalo, NY 14216
No. 49
Appointments - Temporary, Provisional or Permanent
I transmit herewith Appointments in the various
departments made at the Minimum (Temporary, Provisional or
Permanent) and for Appointments at the Maximum (as per
contract requirements) .
RECEIVED AND FILED
Certificate of Appointment
Appointment Effective: February 25, 2003 in the Department of
Community Services Division of Contract Administration to the
Position of Attendant TEMPORARY APPOINTMENT FLAT
Starting Salary of $6.00
Mona Gault 135 Strauss Buffalo 14212
Certificate of Appointment
Appointment Effective: February 13, 2003 in the Department of
Community Services Division of Contract Administration to the
Position of Attendant TEMPORARY APPOINTMENT FLAT
Starting Salary of $6.00
Mark Poole 519 Winspear Buffalo 14215
Michael Douglas 22 Niagara Falls Blvd Buffalo 14214
Cranston Wilson 656 Lisbon Buffalo 14215
Arthur Nowak 50 Inwood Buffalo 14209
Donna Haeick 169 Brinton Buffalo 14216
Dwayne Ferguson 135 Butler Buffalo 14208
RL Tabor 498 Perry Apt #6 Buffalo 14205
Larry White 617 Wyoming Buffalo 14215
LaDonna McClendon 369 A Langfield Buffalo 14215
Rudolph Laster 296 Northland Buffalo 14208
Darryl Gaiter 77 Parkside Buffalo 14214
AnnaMarie Kobis 229 Geary Buffalo 14210
Marcel Grant 193 Jewett Buffalo 14214
Jeffrey Johnson 34 Steven Buffalo 14215
Marilyn McCabe 70 Sage Buffalo 14210
Daniel Smith 14 Brost Buffalo 14220
Marlene Goslinski 134 O'Connell Buffalo 14204
Michele Pretko 74 Lewis Buffalo 14206
Loretta White 984 Smith Buffalo 14212
Certificate of Appointment
Appointment Effective: February 25, 2003 in the Department of
Community Services Division of Contract Administration to the
Position of Supervisor TEMPORARY APPOINTMENT FLAT
Starting Salary of: $ 6.50 per hour
Kevin Tate 160 Stockbridge Buffalo 14215
Certificate of Appointment
Appointment Effective: February 20, 2003 in the Department of
Community Services Division of Contract Administration to the
Position of Supervisor FLAT TEMPORARY APPOINTMENT
Starting Salary of $ 6.50 per hour
Alphonse Pafton 22 Niagara Falls Blvd Buffalo 14214
Certificate of Appointment
Appointment Effective: February 18, 2003 in the Department of
Community Services Division of Contract Administration
to the Position of Supervisor TEMPORARY APPOINTMENT
FLAT
Marion Green 36 Lyman Buffalo 14206
Certificate of Appointment
Appointment Effective: February 13, 2003 in the Department of
Community Services Division of Contract Administration to the
Position of Supervisor TEMPORARY APPOINTMENT FLAT
Starting Salary of $ 6.50 per hour
Helen Gaiter 77 Parkside Buffalo 14214
Darlene Martin 258 Sobieski Buffalo 14211
Certificate of Appointment
Appointment Effective: February 24, 2003 in the Department
of: Police
to the Position of Crossing Guard Temporary Non - competitive
at the: minimum Starting Salary of $ 7.09
Sheryl Monaco 24 Leamington PI. Buffalo, NY 14210
Sandra Gayles 23 Holland PI. Buffalo, NY 14209
Certificate of Appointment
Appointment Effective: February 24, 2003 in the Department of
Public Works, Parks & Streets Division of Buildings to the
Position of Senior First Class Stationary Engineer Temporary
Appointment at the: Flat starting salary of: $10.25
William R. Young 374 McKinley Ave. Buffalo. NY 14220
Certificate of Appointment
Appointment Effective: February 22, 2003 in the Department of
Public Works, Parks & Streets Division of Buildings to the
Position of Senior First Class Stationary Engineer Temporary
Appointment at the: Flat
Starting Salary of: $10.25
Keith M. Rathbun 239 Cumberland Avenue Buffalo 14220
Certificate of Appointment
Appointment Effective: February 6, 2003 in the Department of
Public Works, Parks & Streets Division of Buildings to the
Position of Senior First Class Stationary Engineer Temporary
Appointment at the: Flat starting Salary of: $10.25
Victor Burgio 39 Helca. Street Buffalo 14216
Certificate of Appointment
Appointment Effective: 02 -24 -2003 in the Department of Public
Works, Parks, Streets Division of Parks to the Position of Park
Utility Worker PROVISIONAL APPOINTMENT MINIMUM
Starting Salary of $28,179
Wilkinson Jim 83 Philadelphia Buffalo 14207
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
NO. 50
REQ PLACE NORFOLK ST UNIV DISTRICT
Local Law 13, which was passed by the Buffalo Common
Council, defines the new council boundaries. The Board of
Elections does not have the legal authority to change these
lines. Therefore, our office cannot place Norfolk Street back
into the University District.
We are currently finalizing the map detailing the new election
districts for the City of Buffalo. We will forward these maps to
you upon completion.
Please contact us at 858 -8891 if you have any questions or
need further information.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 51
J. COLE MAN-ADELPHIA NEW FEATURES
Throughout the past year, each of us at Adelphia has
continued to focus on our number one priority - our customers,
by providing quality products and world class customer service,
which once again was highly rated in the latest J.D. Power and
Associates' customer satisfaction survey.
Here are just a few of the things that have been introduced and
are under development as we continue our dedication to be the
best entertainment provider in our community.
Power Link Enhancements /Service Improvements -, Adelphia
will launch a new state of- the -art email system, and an easier
way to navigate the Internet with Power Page, a new home
page that provides our customers with exclusive content and
features not offered by traditional dial -up service.
New Channels - In January, we added STYLE to our Basic
level of service as well as exciting new programming on Digital
Cable including - Fox Movie Channel, Nick, Toon, MTV Hits,
VH -1 Mega Hits and VH -1 Soul.
Bundled packages - We continue to offer exclusive pricing
discounts to those customers who subscribe to both our digital
cable and high speed internet services, saving them as much
as $15.00 a month off the retail price through our Advantage
Packages.
Adelphia is aware of the need to balance customer demand for
increased value of services with responsible pricing. With that
in mind, we are happy to announce the elimination of additional
television outlet charges allowing all customers to receive Basic
Service on additional television sets free of charge. This
change, along with our new pricing schedule effective April of
2003 is attached for your review.
In just 10 years, Emmy and Golden Globe awards for cable
programming has more than tripled, a clear reflection of the
dramatic increase in quality and value not seen in cable
programming years ago. Additionally, Nielsen Ratings show top
cable programs competing successfully week -in- and - week -out
with traditional broadcast programming.
We are confident that in comparison to other forms of
entertainment, Adelphia provides the best value and offers the
most variety with top rated movies, popular sports, educational
programming, as well as all local channels including news and
weather.
355 Chicago Street
Buffalo NY 14204
Phone (716) 558 -8700
Fax (716) 853 -7785
Adelphia is proud to be a continuing part of our community. We
are a thriving company in these economically challenged times
and are proud to be able to add the stability and support of jobs
in the Western New York area.
Our local customer service departments are available 24 hours
a day, 7 days a week -to all our customers free of charge. In
addition, we continue to support our local areas by delivering
cable service and Internet Access free of charge to local
schools, supporting local charitable and civic organizations and
providing a modem telecommunications network. Adelphia
continues its active involvement in the commitment and future
development /expansion of our community.
Please feel free to contact me if you would like to discuss these
changes or any other aspect of Adelphia's services at
558 -8545.
Sincerely,
Jeaanne M. Coleman
General Manager
Enclosure
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS
NO. 52
L. MATARESE - OPERATION ELF
Dear Mr. Michaux:
Please file the attached memorandum from Leonard
Matarese for the next Common Council meeting.
MEMORANDUM
"OPERATION ELF"
For many years progressive public and private sector
organizations have recognized the additional costs associated
with the use of legal -size (8 1/2 x 14) forms. These costs
include a per square inch premium for the paper itself, copying
and storage costs, including the costs of folders and files, and
the additional storage space required for legal size files. These
costs are estimated to add up to a 40% premium.
These additional costs are so well documented that even most
state court systems have abandoned the use of legal size
paper in favor of letter size (8 1/2 x 11) paper. I anticipate that
in the future the City of Buffalo will adopt such a policy as well.
This department is going to be the City's leader in transitioning
to exclusive use of letter size paper.
Effective immediately we are adopting as a policy, "Operation
ELF" (Eliminate Legal Forms), and we will take the following
actions:
1.. Each Division Director will inventory all legal size
forms in use in their respective Divisions, and provide a list of
such documents and a sample copy of each form to me no
later than February 21st. (Ms. Fanti will supervise this matter
for the Benefits & Compensation Division).
2. Each Division will immediately commence a
re- design of such forms to be completed and adopted not later
than March 7 th. The forms will then be produced by computer
printer (rather than sent to the Print Shop) to test their design.
When Division Directors are comfortable that the designs meet
the agency's needs, they may then be printed.
3. The use of legal size gaper (including writing pads),
folders, cabinets, etc. will be discontinued immediately. Existing
supplies of legal size products may be exchanged with other
departments for letter size. We will keep on hand only such
legal size copy paper as may be needed to meet Common
Council's requirements.
4. Legal size forms generated by other departments which we
are required to store will be reduced and copied onto letter size
paper. Legal size forms which we require from other
departments will be redesigned to letter size and notification
given to the other departments that the new size forms will be
required effective April 1, 2003.
5. Numerous letter size documents are currently being
stored in legal size folders. These folders should be cut down
to letter size whenever they are handled.
I appreciate your cooperation in this effort. Please contact me
personally should you have any questions concerning this
issue.
REFERRED TO THE COMITTEE ON BUDGET AND THE
COMMISSIONER OF HUMAN RESOURSES
NO. 63
M COPPOLA -MUNI BONDS LOOK CHEAP
Please file the following article that was printed in the Buffalo
News on Sunday, February 23, 2003.
Sincerely,
Marc A. Coppola
Councilmember
REFERRED TO THE COMMITTEE ON FINANCE AND THE
COMPTROLLER
NO. 64
R.SERRA
CITY OWNED AUD LOTS BID.
Dear Council Member Davis and Committee Chair Grant:
On January 30, 2003 at 11:00 a.m. Allright Parking and Pro
Park, LLC submitted bids to lease Aud Lots 1, 2, and 3 from
the City of Buffalo in the amounts of $28,000.00 and
$15,360.00, respectively. However, Allright placed a
"condition" in their bid, thereby amending and qualifying the
Specifications for Bidding as outlined in Item 5, Page 1, to wit:
"Proposals shall be clearly and legibly made out in ink, stating
the amounts in writing and in figures. The proposal form shall
not contain erasures, ambiguities, duplicate or contradictory
figures or statements nor any interlineations or amendments
that qualify the matter described."
Furthermore, the PROPOSAL FORM furnished with the bid
specifications clearly identifies an area for the amount in written
form and figures. The form does not have an area for written
exceptions, statements or conditions regarding the rental
amount. It is my understanding that Allright's bid stated that
they will pay their bid rent amount on the condition that the
Sabres hockey team continues to play at the HSBC Arena. Pro
Park's bid contained no such conditions.
Pro Park, LLC has submitted its bid in good faith and in legal
form as required. We bid on these lots accepting that the term
would be for three (3) years, starting on February 1, 2003
(less than 2 days from the bid date), ensuring the City of
Buffalo income, even if the Sabres do, in fact, leave the city.
We were awarded the bid in the late afternoon of Thursday,
January 30, 2003 and immediately prepared to commence
operations on February I " for a scheduled event at HSBC
Arena that evening.
In addition, Pro Park has met all obligations of the bid
requirements, as defined below:
Performed a seamless transition of the operation so the parking
public was not hindered in any way.
Paid the first three months of rent in full ($3,840.00) to the City
of Buffalo, per bid deposit requirements.
Furnished certificates of insurance and the performance bond,
per bid requirements.
Informed monthly permit patrons that Pro Park is the new
operator as of 2/1/2003 and stated that our plans were not to
raise their permit fee by $5.00 (as they were informed by
previous operator to be effective on March 1, 2003). We are
maintaining the current permit rates to $26.00, $29.00, and
$33.00 depending on the lot.
Though not required, we lowered the event rate from $6.00 to
$4.00 on February 1, 2003 and continue to offer lower rates for
certain events.
Pro Park, LLC has now assumed the complete operation of
these parking lots. The management of Allright Parking was
very cooperative with the transition. They furnished us the
permit customer data and sold us attendant booths for shelter
at the lots. Even though Allright Parking has collected many of
the permit payments since the customers were not aware of the
change, they have forward such payments to Pro Park to
prevent additional work or disturbance for the patrons.
We are very concerned to learn that the Council is now
considering a one -year term instead of the proposed (and
accepted) three -year term. Furthermore, we are greatly
concerned about the possibility that these lots may be put out
for re -bid immediately, without the completion of the accepted
three -year term or even the newly proposed one -year term,
thereby revoking Pro Park's bid award. The Buffalo News
quoted Ms. Grant as stating "Allright is not being treated fairly ".
On the contrary, Allright has been bidding on city properties for
decades, they were the incumbent operator of these lots since
the first day they were put out to public bid (back when the Aud
was closed and the new Arena opened), and they are fully
aware and understand the legal repercussions of not following
bid specifications. If the decision were made at the time of the
bid to request the incumbent to continue as operator for 30 -60
days until the bid was sorted and released, there would be no
undue hardship to the operator or the permit patrons using
these lots daily. But it wasn't. If the lots were bid again, the City
would be treating Pro Park unfairly by penalizing them for
following the specifications set in place by the City to begin
with.
What's more, if the lots were re -bid after one year, it would be
difficult for Pro Park to adequately recover the costs required to
improve the condition of these lots, which have deteriorated
over the many years of neglect by the previous operator. If the
lots were re -bid, the confusion and hardships suffered by the
patrons could force them to seek alternative parking
arrangements, and criticize the City for its bidding tactics.
This could lower the value of these lots and create more
negative publicity for the City of Buffalo.
As you may know, Pro Park, LLC is LOCALLY OWNED AND
OPERATED. We understand and care about Buffalo. The
owners of Pro Park are involved in this community and have
supported Buffalo and Western New York for many years. I
personally have been involved with the Theatre District
Association, Working For Downtown and Buffalo Place, and I
continue to support the theatres, local chapters of Hospice,
Kiwanis Clubs and The Leukemia and Lymphoma Society of
WNY, and others, both professionally and personally.
Since May 2000, Pro Park, LLC has established itself as a
professional parking company with quality service. We have
improved the conditions of our facilities by paving potholes and
worn surfaces, and have resurfaced entire lots where
necessary. An example of our commitment to our patrons is
located directly behind City Hall at the Pro Park lot at 24 South
Elmwood. We take pride in the appearance of our locations,
which is evident by the added lighting, banners, signs, flower
boxes and hanging baskets, etc. The visitors and workers of
downtown feel safer and enjoy the attractiveness of the
improvements that we have made. It is obvious that Pro Park is
committed to the community. Our quality and service is
unsurpassed by any other operator in this City. References can
be forwarded upon request.
May I remind you that Pro Park submitted its bid in complete
compliance with the bid specifications and with the
understanding that the term would be for three years,
"regardless of the fate of the Sabres ". After receiving the bid
award, which we at Pro Park deem to be a legal and binding
contract, we have satisfied all the obligations required to
commence operations within two days notice, with the
understanding that the City would act in good faith and forward
the signed written contract for the agreed upon three -year term.
We respectfully request that the Council reconsider the
possibility of re- bidding these lots.
Thank you for your time and understanding in this situation. I
would be happy to meet with you at your convenience to
discuss this matter further.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
CORPORATION COUNSEL
NO. 66
B. DAVIS - XSPAND -DEBT COLL. IN NY STATE
Dear Mr. Michaux:
Please file the attached letter regarding XPAND for the
upcoming Council Session to be held on Tuesday, March 4,
2003.
Should you require any further information, please feel free to
contact my office at 851 -4980. Thank you.
Sincerely,
Brian C. Davis
Ellicott District Councilmember
REFERRED TO THE COMMITTEE ON FINANCE
NO. 66
E. LEFEBVRE- CONCERNS DEV OF PROPERTY -COURT
/FRANKLIN STS
Dear Brian:
As you are aware, the Buffalo Urban Renewal Agency, at its
meeting on January 23, 2003, selected Carl Paladino as the
"designated developer" for the parcel of land located at the
southeast comer of Court and Franklin Streets. It has been
reported in the Buffalo News and Business First that he plans
to build a 200,000 to 300,000 square foot office building on this
and the adjacent land parcel on which he has secured a
purchase option from its owner, Clement Chen. The various
State and Federal agencies that are currently soliciting
proposals for office space have been mentioned as potential
tenants for the new "Court Tower ".
It is interesting to note that for the past several years, Carl has
been the most vocal proponent of governmental agencies
adopting a policy of either relocating or maintaining their offices
in existing commercial buildings so that some of our record
high vacancies can be absorbed and thus help reverse the
trend of declining property values. To wit, I enclose a copy of a
memorandum, with its related attachments, from Carl to the
Board members of Buffalo Place dated October 15, 2001
asking for Buffalo Place's endorsement of Sam Hoyt's
proposed draft bill for the State to adopt such a policy. As a
result, Buffalo Place did pass a resolution on October 31, 2001
(copy enclosed) stressing the efficient use of existing
infrastructure and reuse of available office space in the urban
core.
Mr. Paladino's proposed project, in this particular location,
would have a dramatic and negative impact on neighboring
properties and on the public's ability to find convenient parking.
It id has long been established that there exists a critical
shortage of parking in the 2 to 3 block area around the
proposed site. Buffalo Civic Auto Ramps reported that the
combined waiting lists at the Main Place Parking Ramp and
Fembach Ramp total 517 as of January 17, 2003. Far from
working toward the common good, Carl's project would
eliminate over 120 parking spaces that currently meet a critical
demand for short -
term transient parking that surrounding businesses rely on. It is
reported that only 250 parking spaces will be provided in his
new project. Typically, a 300,000 square foot building, when
fully occupied, will create a demand for between 600 to 900
parking spaces. Under this scenario, it would be safe to
assume that Carl's 250 spaces will only be available for his
tenants' exclusive use. Accordingly, not only would Mr.
Paladino's proposed project gobble up critically needed existing
parking, his project will fail to meet his own parking needs. In
short, Mr. Paladino, in exchange for the development and
management fees associated with putting up a new building, is
now working assiduously to keep downtown Buffalo's
commercial vacancy rates amongst the highest in the nation
while at the same time increasing the shortage of parking at the
intersection of Court and Pearl Streets.
While we acknowledge expanding the Adam's and Augspurger
Ramps will eventually add parking spaces, it has long been our
view that increases in parking supply at these locations will do
little to satisfy parking requirements between Court and Church
Streets, where downtown vacancy rates are at their highest and
where downtown parking shortages are also at their highest.
We strongly believe the BURA and Chen lots would be better
utilized as a site for a new parking ramp. The Main Place
Liberty Group offered its assistance in developing this site to
David Sengbusch last summer (see enclosed letter dated
August 9, 2002) and would welcome further dialogue in that
regard.
We would appreciate your help in preventing the proposed
Court Tower project from moving forward without first
responsibly addressing the critical parking shortage in that
area. We look forward to discussing this very important issue
with you.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT AND THE DIRECTOR OF STRATEGIC
PLANNING
NO. 57
C. FISHER -M RISMAN /D. HAYES- OUTCOMES - MICHIGAN
LAW SCH AFFIRM ACTION CASES
Dear Mr. Michaux
I hereby submit for filing, copies of letters from Michael Risman
and David Hayes from the Corporation Counsel. Mr. Risman
and Mr. Hayes are discussing the outcomes of the University of
Michigan Law School Affirmative Action Cases.
Dear Councilmember Fisher:
The United States Supreme Court recently granted review of
the admission policies of the University of Michigan at the
undergraduate (Gratz v. Bollinger, 277 F.3d 103 (6t" Cir.
2001), cert. granted, No. 02 -516 (Dec. 2, 2002)) and law
school programs (Grutter v. Bollinger). The en bane Sixth
Circuit found constitutional Michigan Law School's admission
policies, which includes race and a diverse student body as
factors in admissions. Grutter v. Bollinger, 288 F.3d 732 (6th
CiF. May 14, 2002), cert. granted, No. 02 -241 (Dec. 2, 2002).
The court relied upon University of California Regents v. Bakke,
43 8 U. S. 265 (1978). On January 15, 2003, the President
opined that the University of Michigan's admission policy was
an unconstitutional quota, announcing that the Administration
was filing a brief in opposition to Michigan's policy. The United
States Solicitor General argues in both cases that the
University of Michigan should have used race - neutral methods
before imposing its admission schemes that seek a critical
mass of minority students. The Solicitor General attacks these
schemes on narrow tailoring grounds as well, but did not
address the issues of compelling government interest or the
general question of the role of race in government
decision - making. Both cases are scheduled for argument on
April 1,2003.
The promise of Grutter and Gratz arises from Supreme Court
reexamination of the affirmative action standards set forth (but
not dispositively) in earlier cases, giving the Court the
opportunity to present a definitive ruling on the constitutionality
of race - conscious government action. Bakke and Wygant v.
Jackson Board of Education, 476 U. S. 267 (1986), are
plurality opinions which neither support nor outright reject racial
remedies. Bakke has split decisions with
no majority decision of the Court; Justice Powell presents the
judgment of the Court that racial quotas violate the Equal
Protection Clause but race could be considered as a factor for
academic admissions.
The cases involving race and procurement, however,
distinguished Bakke and education from procurement. In
analyzing the compelling governmental interest to justify a
minority business enterprise goals program, the Court in City of
Richmond v. JA. Croson Co., 488 U.S. 469, 493 -94, 496 -97
(1989) (plurality opinion), discussed Bakke and the rationale
raised there justifying the University of California at Davis
medical school admission policy and how the Court in Bakke
rejected the two theories. The Regents of the University of
California argued in Bakke that the admission policy was to
reduce historic deficit in minorities in the medical profession
and to counter societal discrimination. The Croson Court
concluded that five Justices in Bakke found that these
rationales provided no constitutional justification for the
admission policy. 488 U.S. at 496 -97 (discussing Bakke, 43 8
U.S. at 271 -72, 3 07 (opinion of Powell, J.), 408 (Stevens, J., et
al., concurring in the judgment)). The Croson Court then
discussed Wygant v. Jackson Board of Education, 476 U.S.
267, and its rejection of the "role- model" theory to justify a
race -based layoff policy. 488 U.S. at 497 -98.
The plurality in Croson then held that evidence of past school
discrimination and desegregation in Richmond, Virginia, had
little relevance to define the scope of injury in government
procurement by minority firms. 488 U.S. at 505. Justice
Stevens concurring in part and in the judgment distinguished
education from public contracting in considering race. Id. at
512 -13. "As I pointed out in my dissent [in Wygant, 476 U.S. at
313 -15], even if we completely disregard our history of racial
injustice, race is not always irrelevant to sound governmental
decision making. In the case of public contracting, however, if
we disregard the past, there is not even an arguable basis for
suggesting that the race of subcontractor should have any
relevance to his or her access to the market." Croson, 488 U.S.
at 512 -13 (Stevens, J., concurring) (footnote omitted). Justice
Scalia, in his concurrence in the judgment, stated that in his
view "there is only one circumstance in which the States may
act by race to 'undo the effects of past discrimination': where
that is necessary to eliminate their own maintenance of a
system of unlawful racial classification." Id. at 524 (emphasis
added). The example Justice Scalia used was the school
desegregation cases, where the government established
segregated schools and thus had to use race - conscious
remedies to desegregate. Id.
Given the plurality opinions in the key cases of Wygant, Bakke,
and Croson, and the indecision that these cases present to
lower courts, what is now needed is a definitive decision by the
Court on the role of race or ethnicity in governmental decision
making. The Court could (but is not likely to) revise the
underlying equal protection standard and allow governments
more flexibility in factoring in race or ethnicity in its decision, for
example, by not limiting it to a remedial circumstance (requiring
the government to prove that it discriminated or the existence of
discrimination in the marketplace against minority firms before
enacting race or ethnic -based changes).
The procurement area has been far more definitive than public
education, in effect rejecting race - conscious programs save
elaborate proof of compelling government interest in enacting
the programs and that the programs are narrowly tailored, by
the Court adopting the plurality opinion in Croson by a full
majority of the Court in subsequent cases. See Adarand
Constructors, Inc. v. Pena, 515 U.S. 200, 221 -22, 223 -25
(1995), id, at 239 (Scalia, J., concurring ) (quoting his
concurrence in Croson, 488 U.S. at 520). But Gratz and
Grutter may provide an opportunity to revisit this conclusion.
REFERRED TO THE MINORITY BUSINESS ENTERPRISE
SPECIAL COMMITTEE
NO. 58
B. GRANT -F. MURRAY -REQ EVAL REPL CURBS &
SIDEWALK SHIRLEY AVE
Please file the following item with the Buffalo Common
Council for the next full council meeting to be held on Tuesday,
March 4, 2003.
Dear Commissioner Giambra:
We the Shirley Avenue Block Club #1 would like to request an
evaluation and replacement on all damaged and eroded
sidewalks and curbs on Shirley Avenue between Eggert Road
and Orleans Street, due in part from damage caused during the
2001 and past winter snow storms.
We would sincerely appreciate an urgent response to our
request.
If you have any questions please call me at 836 -5933.
REFERRED TO THE COMMITTEE ON FINANCE AND
COMMISSIONER OF PUBLIC WORKS
NO. 69
B. GRANT -P. SEARCY- CONCERNS 67 ENGLEWOOD
AVE
Please file the following item with the Buffalo Common
Council for the next full council meeting to be held on Tuesday,
March 4, 2003.
University District
Problem Properties Task Force c/o 3242 Main Street Buffalo,
New York 14214
Dear Task Force:
I need your help. The property at 67 Englewood Avenue, owned
by John Pnise, is continuously playing loud music, parking on
the lawn and leaving their trash container on the front lawn of
their home until next trash pick up. Trash is a real problem; it is
all over the upstairs porch, and first floor porch.
I have contacted the police department on numerous occasions
regarding parking issues and loud music; just January 31,
2003, three police cars visited this home regarding loud music.
However, it appears this is not helping. I would like to ask if the
renters could be summon into court regarding this matter? The
landlord does not have a handle on this problem. Something
must be done.
The appearance of cars parked on lawns is very disturbing and
distasteful. My mother is 81 years old and should not have to
tolerate the loud music at night. These students would not
leave trash container in front of their parent's home until next
trash pickup, park on their lawn, and play loud music.
In advance, thank you for any assistance.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
COMMISSIONER OF POLICE, THE COMMISSIONER OF
ADMINISTRATION AND FINANCE AND THE
COMMISSIONER OF PERMITS AND INSPECTIONS
NO. 60
CONCERNS- 1733 NIAGARA ST.
Regarding the sale of Porter Square 1733 Niagara
Street some recent information has come to our attention in
reference to current status and ownership of this land. There
are many reasons why this transfer should not take place
without further review. We would like to bring some of the
reasons to your attention.
First, this sale could violate a public trust doctrine. State
legislative approval is needed to sell any piece of land that was
designated for public use as a park. Public Square was
ordered, adjudged, and decreed to be used by the public by
every member of the community for the purposes of a public
square. This land was also partly occupied by a schoolhouse.
This schoolhouse was used by many as a public meeting
place.
Secondly, the Public Square is part of Black Rock and
Buffalo's history. The Porter family gave this area of land for
the development of the Village of Black Rock and the City of
Buffalo. After a 20 -year court battle in the 19th and early 20th
centuries over a railroad illegally taking part of the public space
the case was decided against the railroad taking complete
ownership of the park. The Supreme Court Appellate Division -
Fourth Department of the State of New York deeded the
Northern part of Porter Square to the International Bridge
Company and the Grand Trunk Railway Company of Canada
and laid out boundaries as follows:
Commencing at a point in the northeasterly line of Niagara
Street nineteen feet southeasterly from the intersection of said
northeasterly line of Niagara Street with the southeasterly line
of Parish Street. Hence north forty eight degrees east, fourteen
feet thence north forty two degrees west, nineteen feet to the
line of Parish Street; thence south forty two degrees thirty
minutes ease, ninety four feet to the northwesterly line of
Dearborn Street at a point seven feet southerly from its
intersection with the southeasterly line of Parish Street; thence
south forty two degrees east along the southwesterly line of
Dearborn Street, two hundred and six and five tenths feet;
thence north eighty five degrees and thirty minutes west, sixty
four feet; thence south ten degrees east, twenty eight and five
tenths feet; thence south eighty degrees west, thirty two;
thence south ten degrees east fourteen feet; thence south
eighty degrees west, twelve and three fourth feet; thence north
ten degrees west, fourteen feet; thence south eighty degrees
west, forty two and one half feet; thence north ten degrees
west, twenty eight feet; thence south forty eight degrees west,
fourteen feet; thence north forty two degrees west sixteen and
five tenths feet; thence south seventy degrees and thirty
minutes west, seventy one feet to the northeasterly line of
Niagara Street at a point sixty feet southeasterly from the place
of beginning: thence northwesterly along the said northeasterly
line of Niagara Street sixty feet to the place of beginning, by the
same more or less."
The third reason is that in recent years restoring the park and
making it accessible has been part of the discussion on the
Riverwalk, Squaw Island Park, and neighborhood improvement
projects. It is not the public's fault that the City of Buffalo
ignored its obligations to maintain this park for public access.
The park used to have benches where people used to go and
sit in the summer. People would come here to the station and
they would sit there in the park waiting for the trains. The Parks
Department used to keep the trees and the grass cut and the
walks clean so the community could enjoy the scenery and
recreation. The city has an overabundance of land and empty
buildings that can be used for warehousing throughout the city.
Fourth, the land was sold for $16,000, which is very low and in
no way begins to compensate for the immediate neighborhood
or the larger community for the loss of park land. Due to recent
closings of neighborhood community centers and local schools,
what good will it do the community to have a warehouse built
instead of having a park for the children to play?
Lastly, the proposed owner will benefit from ECIVA funding and
loans for the project and anticipated City planning, zoning, and
public works approvals. This is asking the public to fund and
otherwise support the abandonment of public land. Since
taxpayers money is going to be used to fund a company's
warehouse, we believe the public should have say in the issue.
This county is based on the concept of For the People and
People's voice.
In conclusion moving forward with this sale without following
proper procedure, having a evening public hearing and an
adequate public comment period is unfair to the people of
Black Rock and Buffalo. The city would not rush to sell off
Niagara Square where City Hall stands for $16,000 just to help
make ends meet. Why are they rushing to sell Public Square,
which would help benefit, a community and save a park full of
historic value?
REFERRED TO THE CORPORATION COUNSEL
NO. 61
CONCERNS — NOISE
FOREST TO POTOMAC NEAR BAYNES
I am writing on behalf of the residents living in the
neighborhood from Forest Ave to Potomac Ave., surrounding
Baynes St. We request that the council insist on increased
police enforcement of the noise ordinance for the city of Buffalo
(Chapter 293 of the City Code). The noise from loud parties,
rowdy bars and their patrons, and more increasingly "boom
box7 car radios and "pop can" mufflers has disturbed the
peace of our neighborhood to such an extent that people are
moving away from the City of Buffalo just to escape the noise.
We have banded together as a large collection of neighbors
because we are figuratively and literally tired from all this noise,
especially in the middle of the night. Our work days suffer
because of belligerent, noisy people and the inability of anyone
to control the noise.
Secondly, we have repeatedly asked the police to shut down
parties and take proactive steps towards preventing them. We
have documented problem houses. We have contacted the city
and asked them to contact landlords to evict rowdy tenants. We
have contacted the Buffalo State College in hopes that they
would clamp down on rowdy fraternities. Despite our efforts
and the cooperation of Councilmen Golombek and Bonifacio,
and Buffalo State Public Safety we are still besieged by noise
because proper law enforcement is absent. At a recent Prat
party, encompassing 3 houses on Tremont Ave, hordes of
students were heard shouting "t '*** you" to the neighborhood
as they left. The students know what we know, nothing will ever
be done to control these situations and none of our neighbors,
many elderly and some with children, are trained, equipped, or
expected to tackle 150 -200 drunken teens. Thus when
students want a party they can bully the neighborhood as they
please.
Thirdly, the police claim to our councilmembers that they
cannot issue citations for noise because they do not carry
decibel meters. This is a lame excuse and is not supported by
law or common sense. The noise ordinance (293) offers two
very clear interpretations of unreasonable noise; one is 5 dB
above ambient noise (subsection 5) and the other -is
observational (subsection 4).
According to chapter 293 subsection 4 unreasonable noise is
defined as:
or
unlawful for any person to make, continue, cause to be made or
permit to be made any unreasonable noise within the
geographical boundaries of the City of Buffalo or within those
areas over which the city has jurisdiction. The determination as
to the existence Of unreasonable noise may be established
either by the specific acts considered to be unreasonable noise
enumerated within § 293 -4
or
by the measurements exceeding the limitations set forth in §
293 -5.
In 293 -4 some of the noise violations that are specifically
mentioned are:
The use of any sound - reproduction device outside a structure
either on private property or on a public right -of way or public
space at any time within the residential areas or within the
commercial areas which, by causing noise, annoys or disturbs
the quiet, comfort or repose of a reasonable person of normal
sensitivities. "
"Yelling, shouting or hooting at any time or place so as to annoy
or disturb the quiet, comfort and repose of a reasonable person
of normal sensitivities "
the operation of a vehicle without an adequate muffler or
exhaust system to prevent any unreasonable noise in violation
of the Vehicle and Traffic Law § 3 75, Subdivision 3 1.
These are exactly our major complaints to which the police will
not respond and to which we get no relief from. We are not law
officers yet we can easily interpret the noise ordinance. The
conjunction -OW' clearly allows for the officers to make the
determination of "unreasonable noise' and issue citations which
could then lead to lawsuits against problem people.
Again we urge the council to insist that the police crack down
on noise violations throughout the city. Finally if the police
cannot issue citations because they are hamstrung by a law
overly complicated by acoustic physics then it is time for the
council to rewrite the law so that it is enforceable.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE
REORGANIZATION /OVERSIGHT, THE
COMMISSIONER OF POLICE AND THE MAYOR
NO. 62
WATER SERVICES
The Erie County Water Authority (ECWA) is in
receipt of your correspondence concerning an item ( "Water
Services" # 149, C.C.P.) that was before the City of Buffalo
Common Council at its meeting held on Tuesday, February 18,
2003.
As per your request, the following is a general response to the
resolution sponsored by Councilmember Martino in which the
final resolve requests that the Common Council authorize "the
Buffalo Water Authority to negotiate a service agreement with
the Erie County Water Authority for the sole purpose of
providing water service to the residents or Erie County."
First and foremost, the ECWA would like to state that the
fundamental premise of the resolution is inaccurate. Unlike the
City and the Buffalo Water Board, the ECWA is on solid
financial ground, does not have any water capacity or supply
issues and therefore has absolutely no reason to have its
customers serviced by another water provider.
The resolution states that the City's water system is valued at
between $65 million and $90 million. However, it fails to
mention that the system also carries a principal debt of $129
million, resulting in a negative net asset value. By comparison,
the ECWA's system is valued at a minimum of $256 million
and carries a principal debt of $92 million, resulting in a positive
net asset value.
It also implies that the City's water system provides "better
quality water." We would seriously question the validity of such
a claim. The ECWA provides some of the safest, highest
quality water in the country. The ECWA currently owns and
operates two state of the art production facilities and an
internationally recognized water quality laboratory. Our
production and testing facilities have received numerous
awards and accreditation's. In fact, our water quality lab is one
of only a few labs in New York State to be accredited by both
the National Environmental Laboratory Accreditation Program
(NELAP) and the New York State Environmental Laboratory
Approval Program (NYSELAP) and is one of only 13 labs in the
nation that currently holds Environmental Protection Agency
(EPA) approval to test for Giardia and Cryptosporidium. In
addition, the ECWA is one of the first public or private water
utilities in the country to use a Microtox monitor to evaluate its
source water and treated water supply for any signs of toxicity.
The suggestion that the City's rate is "25 percent less" than
ECWA's rate is also incorrect. Based on current rates, the
City's rate is only 6 percent less than the ECWA's. However,
under the ECWA's recent purchase proposal, which would
operate the City as a separate cost center with its own rate
structure, ECWA rates would in fact increase only 42 percent
versus a 60 percent increase in City rates over a 9 -year period.
We would like to add that these figures are based on
projections of the City's rate consultant.
In terms of system differences, on an average day the ECWA
delivers 70.8 million gallons (mg) of water to a population of
540,000 in 32 municipalities throughout Western New York. In
contrast, the City delivers an average of 98 mgd to a population
of 292,000 within its territorial limits. The drastic difference in
water production and delivery is due to inefficiencies in the
City's system and a large percentage of unaccounted water. A
major reason for the large percentage of unaccounted water is
due to the fact that only 65 percent of the City's 8 1,000 active
accounts are metered. The ECWA has 143,000 active
accounts, of which 99.9 percent are metered.
As a result of these significant system differences, the City
would in no way be able to provide more efficient, cost - effective
service to the residents of Erie County. The City does not have
the excess capacity, facilities or infrastructure to supply the
ECWA's current customers. In fact, the ECWA Board of
Commissioners will soon approve a contract to supply water to
the University District due to the City's inability to adequately
pump water to that portion of its service area. If the City cannot
sufficiently meet demand within its borders, how would it
supply water to our customers in the outlying suburbs of Erie
County or in Chautauqua and Genesee counties?
Because of these aforementioned issues, additional reasons
not addressed in this response and the City's current financial
crisis, it would be extremely difficult for the City to provide water
service to ECWA's current customers. However, if in the future
the City or the Buffalo Water Board has the financial ability to
purchase the ECWA's system and provide our customers more
efficient, less costly water service we would certainly be willing
to consider any and all offers.
We hope this response will suffice. If you need more
information or would like to further discuss this item or the
ECWA's recent purchase offer to the Buffalo Water Board,
please feel free to contact me at 849 -8484.
REFERRED TO COMMITTTEE ON BUDGET
NO. 63
THE LIGHTHOUE
WOMEN'S RESIDENCE
Lake Shore Behavioral Health, Inc. is proud to announce the
first anniversary of the opening of their women's residence, The
Lighthouse. The Lighthouse is a long -term (one year)
residential substance abuse treatment program for pregnant
and parenting women, operating on a 24- hour schedule of
treatment, supervision, and support.
The Lighthouse offers an intensely supportive, nurturing and
challenging community environment where women can achieve
the skills and stability needed to maintain drug free status,
provide positive parenting to their children, and progress toward
self- sufficiency and successful transition to community living.
We are proud to offer this service to the women in Erie County
and Western New York. You are invited to call us regarding a
visit to The Lighthouse at any time.
RECEIVED AND FILED
NO. 64
COMMENTS
PROPOSAL- COMPTROLLER'S OFFICE
In a letter dated December 12, 2002, Comptroller Nancy
A. Naples proposed the possibility of entering into an
agreement whereby this Office would perform work for
the City of Buffalo Comptroller's Office. The fundamental
premise behind that proposal is that our respective
Offices essentially perform the same "back- office"
functions, and that economies and efficiencies might be
realized through a merging or consolidation of some or
all of those functions.
In a letter to you dated February 10, 2003, copy attached, I
requested various background documentation. Notwithstanding
your comment to me in a telephone conversation last week to
the effect that you do not want to provide any information to
Erie County until you know what the County is proposing, it is a
fact that the input of the City Comptroller's Office is essential to
the preparation of a detailed proposal.
The information previously requested should provide a solid
overview of the City Comptroller's Office. Given the time
constraints involved I believe the focus should now also be on
an effort to document details of the operations of the City
Comptroller's Office that need to be considered and
understood before a detailed proposal can be finalized.
Accordingly, a listing of the work tasks done b your Office and
written documentation regarding what is entailed in each task
should be developed and provided to us. In preparing the
detailed documentation, you should minimally ensure that the
questions contained in the attached Appendix A are addressed.
Again, I must emphasize that in order to complete our analysis,
input from the City Comptroller's Office is essential.
The information requested in my February 10 letter, as well as
the detailed written documentation regarding each of the
functions performed by your Office, needs to be provided
expeditiously. Please respond to this request by Thursday,
February 27, 2003. 1 am available to meet with you to answer
any questions you may have on the enclosures
I look forward to working together to discuss the possibilities
that exist to improve efficiency and possibly reduce costs for
the taxpayers of Western New York.
REFERRED TO THE SPECIAL COMMITTEE ON
REGIONAL GOVERNANCE
NO. 65
BUFFALO PLACE
#62 CCP FEB. 18, 2003
Thank you for requesting the opinion of Buffalo Place Inc. on
this item. Buffalo Place Inc has been working with City Traffic
Engineering and Parking Enforcement on repricing and
reorganizing downtown curb parking for several years. We
believe that a good plan has been revenues to the City. This
plan was requested in the Destination Downtown Buffalo 2002
downtown access study released in November 2000, and will
be referenced in the son to be released Downtown 2002
Strategic Plan.
The immediate, unsolved problem is financing the purchase of
the 629 parking meters needed to complete the plan. There
are a number of options, but in general, parking meter
collections are expected to cover the additional meter purchase
expense in less than six months.
Following installation of the proposed new meter pricing zones,
(now underway) the City will begin to collect increased
revenues. These revenues would be maximized if all of the
needed meters were purchased. Increased fees to the City
range from $100,000 to $725,000 per year, depending on the
number of meters in service. (This doesn't include the
previously estimated City revenue increase due to changes in
disabled meter parking that were in the $400,000 per year
range.)
Please let us know if Buffalo Place Inc. may be of further
assistance on this important project.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 66
PARKING
E. EAGLE ST.
I am writing in reference to STREET PARKING on East
Eagle Street, between Michigan Avenue and Pine Street.
I am especially concerned about parking tickets placed on car
of persons attending various services at our church, the
Durham Memorial AME Zion Church.
At one time, East Eagle Street was a bus route and the South
side of the street was posted as a NO PARKING AT
ANYTIME area. This was from Michigan to Pine.
The North side of the street was posted as a 2 HOZR
PARKING area.
Over the past five years, I have called and requested an
investigation as to the possibility of posting the entire street 2
Hour Parking. I also requested that during the investigation,
no tickets would be given out.
Seemingly my request for a hold on ticketing was honored until
last year, when cars again were ticketed.
In the past few weeks, tickets were issued to persons inside
our church, but not to persons parked on the same side, East
of our church. No tickets have been given to persons working
downtown or in school downtown who use the 2 Hour side to
park most of the day
I am requesting your assistance in making this area a 2 Hour
Parking area, with consideration given to persons in front of the
church coming to use our Soup Kitchen between the hours of
9AM- IPM.
Thank you for any assistance you can give to us-
Please call me if you have additional questions.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
COMMISSIONER OF ADMINISTRATION AND FINANCE
AND THE DIRECTOR OF PARKING ENFORCEMENT
NO. 67
FRNCHISE FEE PAYMENT TO CITY DUE 02/15/03
According to City records, Adelphia has not made the
franchise fee payment to the City of Buffalo that was due no
later than February 15, 2003 . Please make the appropriate
payment as soon as possible, and provide this office with a
copy of the check and franchise fee calculation report. You
will also be assessed late payment penalty according to the
terms of the franchise agreement.
Thank you in advance for your immediate attention to this
matter.
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS AND THE CORPORATION
COUNSE
NO. 68
BOUNDARY REVISIONS 2003
1 am writing to respectfully request that you file this
correspondence from Anita Guess with the Council for
discussion at the next meeting dated February 26, 2003.
If you have any questions, please do not hesitate to contact me
directly at (716) 851 -5145.
Pursuant to the request of our Zone Administrative Board
Members, enclosed please find a tentative critical path outline
relative to the2003 Boundary Revision Process for your review
and consideration.
January 23, 2003 Submit final boundary revision
policy to ZAB for approval
January 30, 2003 Submit Public Notice to Buffalo
News enlisting companies for inclusion - deadline - February
20, 2003
February 27, 2003 BERC review acreage /begin
selection process of companies requesting inclusion
March 5, 2003 Working session with Common
Council and ZAB to discuss companies request and
preliminary map /allocation of acreage
March 14, 2003 Deadline for council to submit
final acre request
March 21, 2003 File Zone Boundary request
w /City Clerk's Office Submit finalize map & documents for
preliminary approval
Upon final approval by Empire State Development
April 5, 2003 Schedule Public Hearing to delete
land (if applicable)
April 10, 2003 Schedule special meeting of
ZAB- submit final approval of boundary revision request
April 14, 2003 Caucus
April 15, 2003 Full Common Council Meeting
April 29, 2003 Schedule Mayor's Public Hearing
"Dates are subject to change during the revision process
The Buffalo Economic Renaissance Corporation is accepting
applications for the 2003 Boundary Revision, If you are a
business located in the City of Buffalo with immediate
expansion plans, capital investments or new job creation,
please contact Buffalo Economic Renaissance Corporation for
an Inclusion Application in the City of Buffalo's Empire Zone,
The deadline for all requests of inclusion is February 20,
2003. The Empire Zone program seeks to assist distressed
communities through a variety of tax incentives and economic
development benefits that attract new businesses and enable
existing businesses to expand, create new jobs and stimulate
private investment.
Don't miss out on the opportunity to reap the benefits of this
amazing program, For more information, please feel free to
contact Michelle Barron, Director /Empire Zone at 842 -6923 or
you can access the application and program information on -line
at www.growbfo.org.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 69
A. GUESS - CONCERNS HOUSING PROBLEMS
I am writing to respectfully request that you file this
correspondence from Anita Guess with the Council for
discussion at the next meeting dated February 26, 2003.
If you have any questions, please do not hesitate to contact me
directly at (716) 851 -5145.
SOMETHING IS WRONG WITH THE HOUSING SYSTEM
AND IT HAS TO BE CORRECTED.THE CITY OF BUFFALO
HAS ALLOWED NEIGHBORHOODS TO BE DESTROYED
BLOCK BY BLOCK.
WE CAN NOT CONTINUE TO IGNORE OUR HOUSING
PROBLEMS. THE LAW THAT GOVERNS HOUSING
COMPLAINTS IS NOT WORKING FOR US.
THE SYSTEM HAS PROPERTY OWNERS MANIPULATING
THE HOUSING INSPECTORS AND THE HOUSING
COURTJUDGE.
WE MUST NOT LET THE TREND OF HAVING HOUSING
VIOLATORS CONTINUE TO IGNORE THE LAW.
PROPERTY OWNERS ARE GIVEN TO MUCH TIME TO
CORRECT HOUSING PROBLEMS.
WHY DO WE HAVE TO WAIT YEARS BEFORE ANYTHING
IS DONE ABOUT A BUILDING?
I RECOMMEND A REVIEW OF THE HOUSING LAW. LET'S
GET THE LAW TO MEET THE NEEDS OF OUR CITY.
THE HOUSING COURT JUDGE IS NOT IN OFFICE LONG
ENOUGH TO GET TO KNOW THE REPEAT OFFENDERS.
CITY HOUSING INSPECTORS GIVE PROPERTY
OWNERS TO MUCH TIME TO CORRECT HOUSING
VIOLATIONS.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 70
D. HILL - Awarding of City Rehabilitation Projects II
I am writing to respectfully request that you file this
correspondence from Dwight Hill of Dwight Hill Home
Improvements with the Council for discussion at the next
meeting dated February 26, 2003.
if you have any questions, please do not hesitate to contact me
directly at (716) 85 1 -5145.
,As a minority owned business and a resident of the City of
Buffalo, I feel that there are important issues that need to be
addressed concerning no work being given to the local minority
contractors. I have been, in business for over ten years and it
has been a struggle just to get work from The Community
Based Organizations. To my understanding there has been
millions of dollars passing, through these organizations each
year and I feel that the work has not been equally distributed to
the contractors who work And live in the community.
As the District Councilmember of our community I ask that an
investigation should be conducted. I feel that as a contractor I
should be allowed to know how the money was distributed and
to whom. What conclusion or bidding process was used in
order to determine which contracting company was awarded
the job and most importantly why the bid openings are private
and not under the open bid process.
We have been fighting for so long to get these questions
answered and still manage to go unheard. We are depending
on you as our Councilmember to speak for us and hope that we
will receive a resolution into these unanswered concerns.
If you have any questions or concerns, please feel free to
Contact me directly at 716 - 570 -3413
REFERRED TO THE MINORITY BUSINESS ENTERPRISE
COMMITTEE AND THE CORPORATION COUNSEL
NO. 71
Q LITTLETON
AWARDING OF CITY REHABILITATION PROJECTS
I am writing to respectfully request that you file this
correspondence from Quentin Littleton of Littleton Construction
with the Council for discussion at the next meeting dated
February 26, 2003.
If you have any questions, please do not hesitate to contact me
directly at (716) 8 5 1 -5145.
In the last year, our company has received less than $
50,000.00 dollars 'in the City of Buffalo's rehabilitation program
Millions of dollars are filtered through this program each year,
however, it is my belief that the contracts arising from this
program are not being awarded equitably.
This is of great concern to me because of the following. My
business and employees are products of the communities
those dollars pass through. So I ask the question, if we are not
allowed to share in the wealth of the communities in which we
live in, then where can we work?
As my district councilmember and the Chairman of the
Community Development Committee, I am requesting an
investigation into the following:
a. The procedures used to determine to whom a rehabilitation
contract is awarded.
b. Total amounts awarded to each contractor that has been
awarded a contract in the City of Buffalo Rehabilitation
Program over or the last five years.
c. Why bid openings are conducted privately and not under an
open bid process.
The City of Buffalo's rehabilitation program procedures have
been of great concern to many minority contractors over the
past several years. Several minority construction companies
will be forwarding requests to you containing similar content of
this letter.
If you have any question, please feel free to contact me.
REFERRED TO THE MINORITY BUSINESS ENTERPRISE
COMMITTEE AND THE CORPORATION COUNSEL
NO. 72
Q LITTLETON
LAKEVIEW HOPE VI PHASE II
I am writing to respectfully request that you file this
correspondence from Buffalo Municipal Housing Administration
with the Council for discussion at the next meeting dated
February 26, 2003.
If you have any questions, please do not hesitate to contact me
directly at (716) 85 1 -5145.
1 am requesting a copy of the agreement between Buffalo
Municipal Housing Authority and Roizman Company and any
other agreements in reference to this project. I will also be
forwarding a letter to the Department of Housing and Urban
Development asking them to forward a copy of the terms for the
Hope VI Projects in the country.
For the last 5 weeks, we have monitored the project on the
lower west side. Once again this project have seems to fall
short of its goals. We are also requesting a list of contractors
and the utilization reports to this date.
A copy of this letter will be sent to Commissioner Allen in the
contract and compliance office asking him for a list of workers
including names and addresses.
Ms. West please remember that this request falls under Public
Police if you do not feel compelled to forward this information
you must inform me as to where it is available.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT, THE BUFFALO MUNICIPAL HOUSING
AUTHORITY AND THE CORPORATION COUNSEL
NO. 73
CITY OF BUFFALO COMMON COUNCIL COMMITTEE'S
RECOMMENDATIONS ON STIMULATING ECONOMIC
DEVELOPMENT ECONOMIC DEVELOPMENT
I am writing to respectfully request that you file the
City of Buffalo Common Council Committee's
Recommendations on Stimulating Local Economic
Development with the Council for discussion at the next
meeting dated February 25, 2003.
If you have any questions, please do not hesitate to contact me
directly at (716) 85 1 -5145.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR
REVIEW
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT, THE BUFFALO ECONOMIC
RENAISSANCE CORPORATION AND THE DIRECTOR OF
STRATEGIC PLANNING, THE ECIDA , BNE AND BNP
NO. 74
EEO REPORT
I am writing to respectfully request that you file the EEO Report
with the Council for discussion at the next meeting dated
February 25, 2003.
If you have any questions, please do not hesitate to contact me
directly at (716) 85 1 -5145.
i have enclosed a current EEO report for your review. I am in
the process of verifying numbers with each department. To
date approximately 60% of the numbers have been verified. I do
not expect the numbers to change significantly, as the
additions and deletions have been minor.
I will submit final numbers once I receive all of the data. If you
have any questions, please let me know.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR
REVIEW
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT, THE COMMISSIONER OF HUMAN
RESOURSES
AND THE COMMISSIONER OF COMMUNITY SERVICES
NO. 75
Memorandum of Understanding
I am writing to respectfully request that you file the
Memorandum of Understanding with the Council for discussion
at the next meeting dated February 25, 2003.
If you have any questions, please do not hesitate to contact me
directly at (716) 8 5 1 -5145.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR
REVIEW
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 76
Opposition to Proposed Gas Station in TOPS Parking Lot
I am writing to respectfully request that you file a
correspondence opposing the Proposed Gas Station in TOPS
Parking Lot with the Council for discussion at the next meeting
dated February 25, 2003.
If you have any questions, please do not hesitate to contact me
directly at (716) 85 1 -5145.
The FDCA strongly opposes the proposed gas station in the
Tops parking lot at 333 Amherst Street. The many reasons are
such: The very heavy traffic flow from the nine driveway
entrances and exits make it literally a free for all.
Safety for pedestrians should be your foremost concern. With
school children and seniors walking to Burger King, Mighty
Taco, as well as Tops, their lives would be at risk due to the
city of Buffalo's lack of foresight. Also for consideration should
be the increased use of the already overcrowded Amherst
Street, and especially the approaches of the 1 -90 on Grant
Street, which already creates a very serious traffic problem.
Another point to be considered is that the other commercial
chains such as Wegman's, Quality, Home Depot, and K -Mart
would now expect the same permit that you allowed
Benderson -Tops. This venture should be refused from the
onset, preventing a very seriously dangerous situation in all of
our city plazas.
Please consider denying this permit request, thus putting your
City of Buffalo's citizens and their safety first and foremost.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE ZONING BOARD
NO. 77
A. THOMPSON- REGIONALISM
Memorandum
I am writing to respectfully request that you file three articles on
Regionalism with the Council for discussion at the next meeting
dated February 25, 2003.
If you have any questions, please do not hesitate to contact me
directly at (716) 851 —5145
Attached available for review in The City Clerk's Office
REFERRED TO THE COMMITTEE ON REGIONAL
GOVERNANCE
NO. 78
J. ROSE -REQ APPT MAYOR'S TF TO CASINO GAMING
Dear Mayor Masiello:
On behalf of Citizens Against Casino Gambling in Erie
County, I am writing to request an appointment to the
Mayor's Task Force on Casino Gambling. I am aware, through
your recent public comments, that you have been thinking
about the potential downside of a casino in Buffalo, and I am
sure you would want to have that viewpoint fully represented in
any discussion pertaining to that issue. We represent a
significant portion of the public on this issue, and as such we
should be participating in these discussions.
Joining us in opposing a casino in Buffalo are the New
Millenium Group, Citizens for
Common Sense, the Green Party of Erie County, and many
religious organizations. The New millennium Group is
already represented on the Task Force. That should extend at
least to our group and to Citizens for Common Sense.
I would hope that broadening the representation on the Task
Force might help to broaden the scope of the discussion, so
that in addition to considerations of how and where a casino
might be brought to Buffalo, some discussion will address the
question of whether a casino should be brought to Buffalo at
all. You and I disagree about this issue, but in the interests of
good government, perhaps we can agree that all views should
be represented at the table.
Like the County Executive, you have shown in the past the
courage to change your mind when the facts justified it.
Obviously I am hoping you will do that in this case. But
whatever the final disposition of this issue, it cannot help but be
improved by widening the discourse that informs it.
I make this request in my capacity as Chairperson of Citizens
Against Casino Gambling in Erie County. If and when someone
else assumes that position, I would expect that the requested
appointment to the Task Force would pass to that person.
Joel S. Rose, Chairperson
REFERRED TO THE MAYORS TASK FORCE ON CASINO
GAMING
NO. 79
A THOM PSON-TI M BERMAN
Dear Mr. Michaux III:
I am writing to respectfully request that you file this
correspondence from Timberman with the Council for
discussion at the next meeting dated February 27 2003.
If you have any questions, please do not hesitate to contact me
directly at (716) 85 1 -5145.
Commissioner of Public Works Joseph Giambra,
Mr., Antoine M. Thompson, the Masten District Councilman,
recently asked me on 2/19/03, about removing fallen and
hazardous trees in his district. I informed the Councilman that I
would be more than pleased to provide these services. He
referred me to a Mr, Andy Raab, in the Forestry Department.
Mr. Raab informed me that there was no money in the budget
for any tree removal at this time, and that he could not hire us if
he wanted to, because of the process a company has to go
through in order to receive a bid from the City. He proceeded to
enlighten me on what the scope of work entailed. Your
company has to bid on removing 500 -700 trees in a six month
period of time, and all work is done by one company, with no
consideration given for minority businesses in receiving a
percentage of that bid package. Estimating the total yearly
budget for the City of Buffalo to hire tree removal companies
should be in the area of 1.2 to 1.5 million dollars.
I asked Mr. Raab if he thought that this process was
exclusionary and he said that he was not responsible for how
the bid package is formulated and the scope of work involved in
it belonged to Steve Stepniak, the engineer in the Public Works
Department. I called Steve, in the Public Works Department
and left a message for him to call me back. He returned my
phone call and we spoke regarding the issue of tree removal. I
inquired of Steve, regarding the person or persons responsible
for the developing of criteria associated with the bid process.
Steve said that I am responsible and have the authority
to change policy. So my question to him was whether or not he
thought that this policy in its present form, is exclusionary to
small and minority businesses.
I explained my reasons concerning why I thought that it was
exclusionary. First, the requirements of having to remove 500 to
700 trees in a six month period eliminates all but the very large
companies from participating in the bidding process. Second,
there is not a percentage of work set aside for minority
involvement. I explained to Steve that if he lowered the lot
requirements, say to about 250 trees of various sizes, this
would encourage more than five companies which he says is all
that is presently involved in the bidding process right now.
Smaller lot sizes would tremendously increase the amount of
competitors, pushing down the cost, saving the taxpayers
considerable revenue. After I explained my reasons for
suggesting that the current policy is exclusionary and asked
him again whether or not he thought that this policy in its
present form is exclusionary, his response was, "that it was not
done intentionally" and began immediately to offer solutions to
the mix up.
What Timberman would be pleased to see done as a small
minority business in the City of Buffalo, is to be given an
opportunity to participate in this program. Timberman
recommends that the tree lots be made smaller to encourage
more participation, which will lower the overall cost of the
program. The monies should be allocated to each councilmatic
district in order that trees can be removed by the order of the
councilperson in that district upon request. As it stands now,
Councilman Antoine Thompson has no authority to have a tree
removed off a constituent's home that belongs to the City.
Councilman Thompson says that he is receiving numerous
calls every day in regards to tree removal in his district, but has
no power or authority to have anything done regarding it.
I would like to discuss this process with you and to review the
procedures in which this work can be accomplished in a more
efficient and equitable manner making the work more
accessible to minority and small businesses.
REFERRED TO THE MINORITY BUSINESS ENTERPRISE
COMMITTEE, THE COMMISSIONER OF PUBLIC WORKS
AND THE COMMISSIONER. OF COMMUNITY SERVICES
NO. 80
A. THOMPSON- RECYCLING ISSUE
MEMO
In reading my environmental science text book this weekend,
I came across a Chapter on "Recycling ". As an advocate for
recycling, I would like to see this method of garbage disposal
continued throughout Western New York. This Chapter has
some solutions in dealing with the City's current dilemma
relating to recycling. Maybe you may want to implement some
of them.
Happy reading & keep up the good work.
Do not hesitate to call, if I can ever be of assistance to you.
REFERRED TO THE COMMITTEE ON LEGISLATION
AND THE COMMISSIONER OF PUBLIC WORKS
NO. 81
A. THOMPSON- BUFFALO NIAGARA ENTERPRISE
Dear Mr. Michaux III:
I am writing to respectfully request that you file this
correspondence from Jerry Murphy of the Buffalo Niagara
Enterprise with the Council for discussion at the next meeting
dated March 4, 2003.
If you have any questions, please do not hesitate to contact me
directly at (716) 85 1 -5145.
Dear Council Member Thompson:
At the conclusion of our group meeting regarding the
Memorandum of Understanding among the City of Buffalo, the
Erie County Industrial Development Agency and the Buffalo
Niagara Enterprise, on Wednesday, February 19, 2003, you
asked for a number of informational items.
The enclosed materials comprise those items that you
requested of the Buffalo Niagara Enterprise.
Please direct any follow on informational needs to Mr. Thomas
Kucharski, President & CEO of the Buffalo Niagara Enterprise
or myself.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 82
A. THOMPSON -J. RIZZO- CORRESPONDENCE MERGER
STUDY COMPTROLLER OFFICE
Dear Mr. Michaux III:
I am writing to respectfully request that you file this
correspondence from Deputy Comptroller John S. Rizzo with
the Council for discussion at the next meeting dated March 4,
2003.
If you have any questions, please do not hesitate to contact me
directly at (716) 851 -5145.
Dear Mr. Rizzo:
I'm appalled and resentful of your insolent demands upon this
office for information you say you need to assist in your merger
study. According to the report I received from my two
representatives at your Jan. 3 meeting, it was stated by
Comptroller Nancy Naples and other county officials, including
the budget director and deputy county executive, that years of
planning had already produced a merger blueprint that simply
needed to be formalized. Quite clearly from your demands for
information, that is not the case.
Now you are requesting extensive and detailed information
about the workings of this office that presumably you could use
to create and spin a merger proposal without the benefit of
input from this office as would occur in a cooperative effort that
I suggested early on. And you have requested a vast amount of
information, apparently without any appreciation of the scope of
the effort you are requesting, and that it be produced within five
business days. These demands come at a time when we are
facing serious fiscal issues that require our full attention.
I remain interested in a two -way dialogue about possible ways
to increase efficiency by working cooperatively in areas where
cooperation is possible. However, I am not going to be
sidetracked by your demands for information while I'm trying to
oversee the city's critical fiscal situation in these difficult times.
If you would like to put a committee in place comprised of
representatives from the county AND THE CITY to study
possible merger benefits, please contact Deputy City
Comptroller Frank Belliotti or my executive assistant, Tony
Farina. In the meantime, I intend to focus on the city's business
and leave any merger talk to my panel of experts.
REFERRED TO THE SPECIAL COMMITTEE ON
REGIONAL GOVERNANCE
NO. 83
M. WHYTE- COALITION FOR ECONOMIC JUSTICE
JUSTICE PUBLIC FORUM ON LIVING WAGE LAW
SUPPORT LIVING WAGES IN WNY
BE THERE!
TUESDAY, MARCH 4 AT 7:00 PM
MOUNT OLIVE BAPTIST CHURCH
701 EAST DELAVAN AVE,
HOLD THE MAYOR AND THE
COMMON COUNCIL ACCOUNTABLE
AT OUR PUBLIC FORUM ON
LIVING WAGES
REFERRED TO THE COMMITTEE ON LEGISLATION
PETITIONS
NO. 84
REVEREND GEORGE CUSHING, AGENT, USE 2213
GENESEE ST.- ILIUM. POLE SIGN W /PANELS
EPIPHANY UNITED CHURCH OF CHRIST
(PHONE #895 -2125)
The attached is for Common Council Approval but per
Permits, no public hearing is required.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
DIRECTOR OF STRATEGIC PLANNING, THE CITY
PLANNING BOARD AND THE CORPORATION COUNSEL
NO. 85
DEAN KOBY (SONIC BLINDS), AGENT, USE 125 CHERRY
FOR NON - ACCESSORY BILLBOARD SILMS
(PHONE #572 -3210)
The attached is for Common Council Approval; but per
Permits, no public hearing is required.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
DIRECTOR OF STRATEGIC PLANNING, THE CITY
PLANNING BOARD AND THE CORPORATION COUNSEL
REGULAR COMMITTEES
CIVIL SERVICE
(MARC A. COPPOLA, CHAIRPERSON)
NO. 86
APPOINTMENT
SUPV. OF BLDG. CONST. (MAX) (STRAT. PLAN.)
(ITEM NO. 20- C.C.P. FEB. 18, 2003)
That Communication 20, Feb. 18, 2003 be received and filed
and the temporary appointment of Robert Katilus stated above
at the maximum salary of $46,225 effective on February 3,
2003 is hereby approved.
PASSED
AYES — BONIFACIO, COPPOLA, FISHER, FONTANA,
FRANCZYK, GOLOMBEK, GRANT, LOTEMPIO, MARTINO,
PITTS, THOMPSON - 11 NOES — DAVIS —1
NO. 87
APPOINTMENT
CELLBLOCK ATTENDANT (INTER) (POL.)
(ITEM NO. 40-C.C.P. FEB. 18, 2003)
That Communication 40, Feb. 18, 2003 be received and filed
and the temporary appointment of Justin R. Collins stated
above at the intermediate salary of $28,027 effective on
February 3, 2003 is hereby approved.
PASSED
AYES — BONIFACIO, COPPOLA, FISHER, FONTANA,
FRANCZYK, GOLOMBEK, GRANT, LOTEMPIO, MARTINO,
PITTS, THOMPSON - 11 NOES — DAVIS —1
NO. 88
APPOINTMENT
CHIEF BLDG. INSPECTOR (MAX) (PENNITS /INSP.)
(ITEM NO. 50- C.C.P. FEB. 18, 2003)
That Communication 50, Feb. 18, 2003 be received and filed
and the permanent appointment of Peter Klemann stated above
at the maximum salary of $48,704 effective on February 3,
2003 is hereby approved.
PASSED
AYES — BONIFACIO, COPPOLA, FISHER, FONTANA,
FRANCZYK, GOLOMBEK, GRANT, LOTEMPIO, MARTINO,
PITTS, THOMPSON - 11 NOES — DAVIS —1
NO. 89
APPT. -EXAM MONITOR II (MAX) (HR)
(CCP #52 -FEB. 18,03)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 90
Notices of Appt. — Temp /Prov /Perm (C.Clerk )
(CCP #58 Feb. 18,2003
That the above item be and the same hereby is received and
filed.
ADOPTED
FINANCE
(BETTY JEAN GRANT, CHAIRPERSON)
NO. 91
RESULTS OF REAL ESTATE AUCTION ON JANUARY 30,
2003
(ITEM NO. 11, C.C.P., FEB. 18, 2003)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mrs. Grant Moved:
That the Common Council approves the list as attached in the
above - referenced communication. That the Director of Real
Estate, be and he hereby is authorized to transfer of title of the
properties and that the Corporation Counsel be authorized to
prepare the necessary documents for the transfer of title and
that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the offer was
submitted.
Be it resolved that:
Item# 80, 135 Stanislaus
Item# 10, 306 Carlton
Item# 42, 16 Harwood
Item# 89,147 Woodlawn
Item# 50, 1491 Jefferson
678 Bailey
362, 366, and 368 Broadway
387 Hickory
185 Maple
Be Omitted from the approval for sale
PASSED
AYES -12 NOES -0
NO. 92
RESULTS OF NEGOTIATIONS - 108 ROHR STREET
(ITEM NO. 14, C.C.P., FEB. 18, 2003)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mrs. Grant moved:
That the offer from Mr. William Reese, residing at 108 Rohr
Street, in the sum of Five Thousand Dollars ($5,000.00) for the
purchase of 108 Rohr Street, be and hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be paid
by the purchaser; and
That the transfer tax, recording fees and cost of legal
description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the
necessary documents for the transfer of title and that the Mayor
be authorized to execute the same, in accordance with the
terms of sale upon which the offer was submitted.
PASSED
AYES -12 NOES -0
NO. 93
C. HENDLER -PRES. COALITION - CONCERNS- SALE OF
1733 NIAGARA ST.
(CCP #73 -FEB. 18,03)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 94
PERMISSION TO HIRE CONSULTANT - CITY HALL
LOW -RISE ELEVATORS
(ITEM NO. 36, C.C.P., FEB. 18, 2003)
That the Commissioner of Public Works, Parks and Streets
be, and he hereby is authorized to hire a consultant and receive
bids for the rehabilitation of the low rise elevators at City Hall.
Funds for this project are available in the Division of Buildings
Account 36322206.
PASSED
AYES -12 NOES -0
LEGISLATION
(RICHARD A. FONTANA, CHAIRMAN)
NO. 95
APPOINTMENT MEMBER TO THE COMMISSION ON
CITIZEN RIGHTS AND COMMUNITY RELATIONS
(ITEM NO. 1, C.C.P., FEB. 18, 2003)
That the appointment of David Caruso, residing at 16
Cantwell Drive, as a member of the Commission Citizen Rights
and Community Relations for a term expiring June 30, 2003 be,
and hereby is approved.
PASSED
AYES -12 NOES -0
NO. 96
APPOINTMENT MEMBER TO THE COMMISSION ON
CITIZEN RIGHTS AND COMMUNITY RELATIONS
(ITEM NO. 3, C.C.P., FEB. 18, 2003)
That the appointment of Mark Phillips, residing at 130
Crescent Avenue, as a member of the Commission Citizen
Rights and Community Relations for a term expiring June 30,
2005 be, and hereby is approved.
PASSED
AYES -12 NOES -0
NO. 97
RE- APPOINTMENT MEMBERS TO THE COMMITTEE FOR
PERSONS AND DISABILITIES
(ITEM NO. 5, C.C.P., FEB. 18, 2003)
That the reappointment as members of the
Committee for Persons with Disabilities of Kevin Klenk,
residing at 293 Linwood Avenue, of James Lagona, residing at
82 Saranac Avenue, of Susan Kahaly, residing at 13 10
Delaware Avenue and Robert McPartland, residing at 47
Groveland Street for terms expiring March 31, 2005 be, and
hereby is approved.
Passed
AYES -12. NOES -0.
NO. 98
ORD. AMEND.- CHAPTER 133 -CITY PROPERTY (ARCH.
SALVAGE) (#108,12/10) (CCP# 116 -DEC. 26,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 99
CONTRACT FOR ARCHITECTURAL SALVAGE (LAW)
(CCP #74 -SEPT. 3, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 100
CONTRACT FOR ARCHITECTURAL SALVAGE
(PERMITS /INSP.)
(CCP#43 -SEPT. 17,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 101
L. HERRING - REQ. TIMON STREET TRAILBLAZER
SIGNS "LUCRITIA ADAMS GAYLES WAY"
(ITEM NO. 68, C.C.P., OCT. 29, 2002)
That the Commissioner of Public Works, Parks &
Streets be, and he hereby is authorized to install trailblazing
signs beneath the existing street signs on Timon Street
proclaiming that portion as "Lula Lucritia Adams Gayles Way."
Passed
AYES -12. NOES -0.
NO. 103
REPORTED ASTHMA PROBLEMS AT PERRY PROJECTS
(EXC. FINAL. RES.)
(CCP #151 -SEPT. 17,02)
That the above item be and the same hereby is referred to the
Bi- National Bridge Committee.
ADOPTED
NO. 104
OPPOSE PROPOSED MEASURES - REMOVE
EXEMPTIONS - CLEAN AIR ACT FOR BARS,
BOWLING ALLEYS AND BINGO HALLS
(ITEM NO. 109, C.C.P., FEB. 4, 2003)
That the above item be and the same hereby is
returned to the Common Council without recommendation.
Mr. Fontana Moved:
That this Common Council opposes the near term
enactment of any Erie County Law that would remove the
exemptions to the Erie County Clean Air Act that allow smoking
in bars, bowling alleys and bingo halls; and
That the City Clerk be directed to send certified
copies of this resolution to Erie County Executive Joel A.
Giambra, to Erie County Health Commissioner Anthony J.
Billittier, IV and the Clerk of the Erie County Legislature.
Adopted.
AYES- BONIFACIO, COPPOLA, DAVIS, FISHER, FONTANA,
FRANCZYK, GOLOMBEK, GRANT, LOTEMPIO, MARTINO
AND PITTS -11.
NOES - THOMPSON -1.
NO. 105
A. THOMPSON -G. HERRING & O -CONC. -GAS
METERS -FRONT OF PROP. - HAMLIN PK.
(CCP #81 -OCT. 15, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 106
P. PAUL -NATL. FUEL - RELOCATION OF GAS METERS IN
HAMLIN PK. IN COB
(CCP #78 -OCT. 29, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 107
B. DAVIS -K. MATHEIS- ILLEGAL DUMPING IN FELL
ALLEY
(CCP #32 -JAN. 7, 03)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 108
B. DAVIS -K. MATHEIS- ILLEGAL DUMPING IN FELL
ALLEY (PW)
(CCP #22 -JAN. 21, 03)
That the above item be and the same hereby is received and
filed.
ADOPTED
COMMUNITY DEVELOPMENT
(ANTOINE M. THOMPSON, CHAIRMAN)
NO. 109
GREENWAY IMPLEMENTATION PLAN
(ITEM NO. 36, C.C.P., FEB. 4, 2003)
That this Common Council supports the creation of
a Greenway system and endorses its development in
cooperation with the implementation of current, ongoing
waterfront and land use plans.
Adopted.
NO. 110
INCR. HOME OWNERSHIP THROUGH LOAN
GUARANTEES (# 136,3/19) (# 134,2/19)
(CCP #144 -APR. 16,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 111
INCR. HOME OWNERSHIP THROUGH LOAN
GUARANTEES (# 13 6,3/19) (#8,3/6)
(CCP #145 -APR. 16,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 112
TRANSFER OF TITLE, URBAN HOMESTEAD - 194
LOCUST STREET
(ITEM NO. 17, C.C.P., JAN. 21, 2003)
(ITEM NO. 104, C.C.P., FEB. 4, 2003)
That the above item be, and the same hereby is
returned to the Common Council without recommendation.
Recommended by the Committee on Community Development
Mr. Thompson moved that the above item be recommitted to
the Committee on Community Development.
ADOPTED
NO. 113
TRANSFER OF TITLE, URBAN HOMESTEAD - 113
MULBERRY STREET
(ITEM NO. 18, C.C.P., FEB. 18, 2003)
That the above item be, and the same hereby is
returned to the Common Council without recommendation.
Mr. Thompson moved that the above item be recommitted to
the Committee on Community Development.
ADOPTED
EDUCATION
(CHARLEY H. FISHER III, CHAIRMAN)
NO. 114
D. FRANCIS -EXP. JT. SCH. CONST. BDANCR. COMM.
INVOLVEMENT
(CCP #58 -FEB. 19,03)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 115
D. FRANCIS, INFO.- SELECT. PROC. -SEC. MBE LEGAL
FIRM -JT. SCH. CONST. BD.
(CCP#43 -DEC. 11, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
M :j*]Fill WK*]Lrihril11 a94 *1
BUDGET COMMITTEE
(ROSEMARIE LOTEMPIO, CHAIRPERSON)
NO. 116
DISCH. REG. GOV. COMM. CCP# 124 - 2/5/02 CO REIMB.
MAINT OF CITY /CO RIDS.
(CCP #154 -FEB. 18,03)
That the above item be and the same hereby is received and
filed.
ADOPTED
TAYLOR LAW IMPASSE COMMITTEE
(JAMES W. PITTS, CHAIRMAN)
NO. 117
MAYOR'S REC. ON FACTFINDER'S RPT. -BFLO. BLDG.
TRADE INSPECTORS AFSCME LOCAL #2651
(CCP #53 -OCT. 29,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 118
K. FITZGERALD -BFLO. BLDG. TRADE INSP.- AFSCME
LOC. #2651 -INF.- MAYOR'S REC. ON FACT FINDERS
RPT.
(CCP #50 -NOV. 12,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
RESOLUTIONS
NO. 119
BY: MR. COPPOLA
COUNTY REIMBURSEMENT FOR MAINTENANCE OF
CITY /COUNTY ROADS
Whereas: In 1996, then County Executive Dennis Gorski
compiled a report discussing the reimbursement to the City of
Buffalo for maintenance of certain roads; and
Whereas: This report included reimbursement figures that are
calculated by per lane linear mile; and
Whereas: Such figures were calculated for roads that currently
extend to and from towns, villages, etc. that are reimbursed
fi -om Erie County for maintenance expenditures; and
Whereas: Maintenance expenditures include, but are not
limited to, overlayment, general repairs, snow removal, and
salting; and
Whereas: Because the City of Buffalo is a city located within
the County of Erie, and is not currently reimbursed for such
expenditures, as are other towns and villages within the county,
reimbursement to the city is a fair and reasonable request
understanding that the reimbursement to towns and villages is
said to be because the county owns said roads.
Now therefore be it resolved:
That this Common Council requests the Erie County Executive
and the Erie County Legislature to reimburse the City of Buffalo
for the maintenance and snow plowing of the designated
inter - municipal roadways within the City of Buffalo; and
Be it further resolved:
The reimbursement be of equal monetary value per lane mile
as is reimbursed to the various towns and villages; and
Be it further resolved:
The City Clerk send certified copies of this resolution to the
Erie County Executive and the Erie County Legislature.
ADOPTED.
NO. 120
By: Mr. Coppola
REQUEST ORDINANCE AMENDMENTS TO CREATE A
DISTINCT CODE VIOLATION FOR LITTERING
Whereas: The City of Buffalo's ordinances, in section 216.66,
define littering and dumping interchangeably; and
Whereas: Illegal dumping is a Class I violation, which carries a
fine of $1,500 as laid out in section 137 -7 of the ordinances;
and
Whereas: Section 413.4 of the ordinances prohibits depositing
any substance or material on public property - a Class C
violation that carries a $52.50 fine; and
Whereas: Section 413.4 doesn't specifically mention littering,
and police officers don't have the proper offense code ( #3 1)
listed in their ticketing book to enforce this violation; and
Whereas: Buffalo Police Officers seldom issue tickets for
littering, and the exorbitant $1,500 fine is a discouraging factor;
and
Whereas: Littering has become a widespread problem in
Buffalo and the result is a shabbier looking city; and
Whereas: New York City, in contrast, has actively attacked the
littering problem with public education and a ticketing regime
where fines start at $50 and escalate to $250 depending on the
seventy and frequency of the offense; and
Whereas: If a reasonable ordinance is established for common
littering, it wouldn't take many instances of enforcement for
word to get around that littering is a punishable and socially
unacceptable offense;
Now, Therefore, Be It Resolved That:
This Common Council requests the Corporation Counsel to
draft and file the appropriate ordinance amendments to
establish a distinction between common littering and the more
serious offense of illegal dumping, while setting a more
reasonable fine for common littering.
Be It Further Resolved That:
The Police Department be requested to develop a plan for
enforcing a littering violation program that would maximize
results while minimizing the resources that would be taken
away from other police functions.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE CORPORATION COUNSEL
NO. 121
BY: MR. COPPOLA
SALARY ORDINANCE AMENDMENT
01- COMMON COUNCIL LEGISLATIVE
1011 - COUNCILMEMBER #10
The Common Council of the City Of Buffalo does ordain as
follows:
That part of Section I of Chapter 35 of the Code of the City of
Buffalo, relating to 01 - Common Council Legislative, 1011 -
Councilmember #10, which currently reads:
1 Legislative Assistant to the Councilmember $32,962
Is hereby amended to read:
1 Legislative Assistant to the' Councilmember $32,962
1 Legislative Aide to the Councilmember $28,800
IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the
Charter, that the immediate passage
of the foregoing ordinance is necessary.
CHARLES L. MICHAUX 111, CITY CLERK AND MICHAEL
A. SEAMAN, DIRECTOR OF BUDGET, hereby certify that the
above change is necessary for the proper conduct,
administration and performance of essential services of that
department. We recommend that the compensation for said
position be fixed at the respective amount set forth in the
foregoing ordinance.
That a personnel requisition incident to the creation of the
above - mentioned position, containing a statement of the duties
for such position, has been filed with the Municipal Civil
Service Commission, and said Commission has approved and
certified the position title set forth in the foregoing, ordinance as
being the appropriate Civil Service title for the proposed
position.
CHARLES L. MICRAUX III
CITY CLERK
APPROVED AS TO FORM
Corporation Counsel
Attachment
PASSED
AYES -12 NOES -0
NO. 122
BY: MR. COPPOLA
SURVEILLANCE CAMERAS IN POLICE PATROL
VEHICLES
Whereas: One of the major concerns of one officer patrols is
the safety of Buffalo Police Officers, and
Whereas: The city has previously discussed installing video
surveillance cameras in patrol units as an added measure of
safety for the officers, and
Whereas: As the issue of one - officer patrols progresses, so
should a plan to secure funding from grants and other sources
for the purpose of installing said cameras, should it be
determined that they will serve as a benefit, and
Whereas: While the most important benefit can result from
added safety to our police officers, these cameras can also aid
the city in various court proceedings and litigation.
Now therefore be it resolved that. -
This Common Council requests that the Commissioner of
Police a report on the status of surveillance cameras in patrol
units, including what, if any, effect they will have for both for the
city and its police officers.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE
REORGANIZATION /OVERSIGHT AND THE
COMMISSIONER OF POLICE
NO. 123
BY: MR. FRANCZYK
KEEP SCHOOL 67 & ST. JOHN KANTY ANNEX OPEN
WHEREAS: The Buffalo School Board is being asked to
close Neighborhood School 57 on Broadway and Sears as part
of a budget cutting strategy; and,
WHEREAS: The school is an anchor in the Broadway - Fillmore
Community, but the projected closing will scatter children to
other schools throughout the East Side; and,
WHEREAS: The East Side once again is on a target hit list for
yet another closing or removal of a community service; and,
WHEREAS: The Board of Education also utilizes the facilities
at St. John Kanty parish for School 57, which will also be lost to
the community; and,
WHEREAS: No school should be closed without a reuse plan
for the building, which could easily fall victim to vandalism and
neglect; and,
WHEREAS: Schools should not be closed without completion
of the new schools proposed by the Joint School Construction
Board;
NOW THEREFORE BE IT RESOLVED:
That the Common Council does not favor the closing of School
57, thus furthering the abandoning process on the East Side;
and,
BE IT FURTHER RESOLVED:
That the Common Council urges the School Board not to vote
to close School 57, nor terminate its lease with St. John Kanty
parish, as well as submit a productive reuse plan for school
buildings should they be closed or abandoned.
REFERRED TO THE COMMITTEE ON EDUCATION AND
THE BOARD OF EDUCATION
NO. 124
BY: MR. FRANCZYK & GOLOMBEK
OUTLINE LEGAL STEPS FOR CITY /COUNTY MERGER
WHEREAS: The continued economic and population decline
of Buffalo and Erie county has no end in sight, necessitating
bold action on the part of local government; and,
WHEREAS: The City of Buffalo faces a $50- million projected
deficit entailing possible further crippling cuts in services, thus
necessitating bold restructuring in government; and,
WHERAS: The City of Buffalo would not cease to exist, but its
governmental structure would be merged into Erie County
government, thus creating Greater Buffalo, a single
metropolitan region with a population of nearly one million, the
tenth largest city in the United States; and,
WHEREAS: Such a merger would ideally strengthen Buffalo
and the region, making the area more competitive in the global
economy while keeping and attracting jobs and investment to
Buffalo; and,
WHEREAS: Prior to the merger of Buffalo and Erie County
governments, other measures, not limited to the following
proposals, should be examined for adoption: (1) an Urban
Growth Boundary, or Smart Growth Strategy, channeling
development back into the urban core; (2) Restore the one
percent sales tax to Buffalo as part of a merger agreement; (3)
Add city /county Legislative seats to reflect proper city
representation in light of a dissolving of the Common Council;
(4) Legislative appointment of a City Manager to run the day to
day affairs of the city within the rubric of the new regionalized
city /county government. The City Manager's power would not
usurp the powers of the City /County Executive, but would be
administrative in nature; and,
WHEREAS: Any merger agreement between Buffalo and Erie
County must be in compliance with state law, as well as clear
numerous legal hurdles, including approval by county and city
voters through referenda; and,
WHEREAS: Cities, towns and villages in Erie County should
be encouraged to merge into the new Metropolitan
Government, but are free to opt in or out of the Metropolitan
model;
NOW THEREFORE BE IT RESOLVED: That the law
department outline the steps and timeline necessary to
effectuate a merger of Buffalo and Erie County government
creating a Greater Buffalo; and,
BE IT FINALLY RESOLVED: That the Law Department
outline the language necessary for a Buffalo referendum
requesting the merger of Buffalo and Erie County government.
REFERRED TO THE COMMITTEE ON REGIONAL
GOVERNANCE AND THE CORPORATION COUNSEL
NO. 126
BY: MR. FRANCZYK & FONTANA
STOP NEW YORK CITY GARBAGE
WHEREAS: The Clinton /Bailey community has been
assaulted by an unending stream of garbage from the Freshkill
Landfill in New York City and elsewhere; and,
WHEREAS: A company known as Chemrail Logistics of Glen
Falls, New York, has arranged for this malodorous cargo to be
transported to the Norfolk Southern Railroad Yard in Buffalo,
known as the SK yard. The Canadian Pacific Railroad leases
this yard for the purposes of accepting the garbage; and,
WHEREAS: The New York City garbage is transported in large
blue metal containers placed on top of train cars, where they
are taken off by cranes under contract with Intermodel Express
Transportation, a Western New York company operated by
Anthony Pirrone and Joseph Jacobi; and,
WHEREAS: The New York City garbage containers are then
placed onto trucks, which rumble south through residential side
streets in order to access the New York State Thruway, where
the garbage is deposited in the Lewiston Landfill; and,
WHEREAS: The entire operation has been a detrimental,
dangerous intrusion into a Buffalo neighborhood, greatly
diminishing the quality of life of citizens subjected to the effects
of marshalling and removing the offending cargo; and,
WHEREAS: As a result of poor management, the
transportation of the garbage has become a logistical
nightmare, with up to five - hundred garbage containers illegally
piled up in the SK rail yard for months on end, a violation of city
ordinances and state law; and,
WHEREAS: State police have issued numerous citations to
truckers transporting the garbage down Baitz and Scoville
streets for multiple violations, all a danger to the public; and,
WHEREAS: The SK rail yard is a de facto transfer station,
which must receive a state permit to legally operate; and,
WHEREAS: No state permit exists or has been issued for this
illegal transfer station, as required in Environmental
Conservation Law Part 360 -1.2; and,
WHEREAS: The illegal garbage transfer station at the SK yard
is also in violation of city Zoning ordinances Article XXIII,
Chapter 511 -166 General provisions, part B, stating 46no
premises shall be used or occupied for any purpose without a
permit issued therefore by the Commissioner of Inspections
and Licenses "; and,
WHEREAS: On February 8, 2003, the New York State
Department of Environmental Conservation issued a Notice of
Violation to Chemrail Logisitics, citing Air Pollution and Solid
Waste Law violations (Article 27 and Article 19); and,
WHEREAS: On February 24, 2003, the DEC issued a notice
to Chenirail Logistics that none of the violations had been
corrected, to wit, illegal garbage "containers are still on the
ground." As many as five - hundred containers have been sitting
on the ground for months. "Containers do not have secured
tarps," as required by state law. Newly arrived containers do
not have sealed, metal tops, as required by state law. The DEC
also cites a continued serious odor problem, in violation of state
law.; and,
WHEREAS: City ordinance on Noxious Odors, Chapter 218,
Article IX, regulating foul odor is applicable in this case and
should be invoked;
NOW THERFORE BE IT RESOLVED:
That the Common Council is opposed to the transportation of
garbage from New York City and elsewhere to the SK yard in
Buffalo, or anywhere else in the city and that every step be
taken to prevent the shipping of any garbage to Buffalo; and,
BE IT FURTHER RESOLVED:
That the Law Department outline the steps and take the
necessary action to: (1) have the de facto transfer station at the
SK railroad yard cited and closed down in violation of city
ordinances; (2) Use the city noxious odor ordinance to shut the
operation down and remove the garbage. (3) Report on any and
all measures that can be taken to ban the garbage from Buffalo
and the Clinton /Bailey community.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
COMMISSIONER OF PUBLIC WORKS AND THE
CORPORATION COUNSEL
NO. 126
BY: MESSRS. FRANCZYK AND GOLOMBEK
SUPPORT CENTRAL TERMINAL AS CASINO LOCATION
Whereas: The "Nation -State Gaming Compact Between the
Seneca Nation of Indians and the State of New York"
authorizes the Seneca Nation of Indians to build several
gaining facilities in the Western New York area. The first of the
authorized casinos has been established 'in Niagara Falls, it
attracts up to twenty thousand visitors a day; and
Whereas: The Seneca Nation rehabilitated the underutilized
and deteriorating Niagara Falls Convention Center for its
Niagara Falls casmio location. This selection saved the
Senecas millions of dollars in construction costs and gave a
new life to a building that the municipality was unable to
properly care for; and
Whereas: The Central Terminal is a stunning example of
Art -Deco architecture, built in 1929 it stands as a silent
testament to the halcyon days of Buffalo's past. While
operational its grandeur greeted hundreds of thousands of
travelers each year to the City of Buffalo, leaving each a lasting
positive impression of the City of Buffalo; and
Whereas: Unlike many of the proposed locations for a Buffalo
casmio the Central Terminal is exempt from property taxes.
Therefore, locating the casino at this site would not result in a
loss of property tax revenue; and
Whereas: RIMAT has stated that for the urban fabric of the
central business district to be maintained, it is essential to
reduce the practice of demolishing buildings to create off - street
parking and recommends the city explore legal means of
preventing this type of urban blight; and
Whereas: The Central Terminal complex is a very large parcel
of land that would provide ample space for parking. This
creates a very favorable alternative to the demolition of
buildings that would be required to provide adequate parking for
a downtown casino.
Be it finally resolved
This honorable Body does go on record in support of the
Central Terminal site as one of the locations considered for a
gambling facility that may be built within The City of Buffalo
ADOPTED
AYES — BONIFACIO, COPPOLA, DAVIS, FONTANA,
FRANCZYK, GOLOMBEK, LOTEMPIO, MARTINO, PITTS,
THOMPSON —10 NOES — FISHER, GRANT - 2
NO. 127
BY: MRS. GRANT
TRANSFER OF FUNDS
GENERAL FUND UTILITIES - GAS
BUILDINGS - ENGINEERING & TECHNICAL SERVICES
That pursuant to §20 -12 of the Charter and the Certificate of
the Mayor and the Comptroller submitted to the Common
Council, the sum of $16,400 be and the same is hereby
transferred from General Fund Utilities - Gas and said sum is
hereby reappropriated as set forth below:
From:
General Fund Utilities
17213003 - 441001 Gas $16,400
To:
Buildings
13291006 - 432004 Engineering & Technical Services
$16,400
PASSED
AYES -12 NOES -0
NO. 128
BY: MRS. LOTEMPIO, MR. FRANCZYK
TRAILBLAZING SIGNAGE FOR REPUBLIC STREET,
14204 AS "GENE MCCARTHY WAY"
Whereas: William Eugene "Gene" McCarthy was born and
raised on Kentucky Street in the Old 1 st Ward; and
Whereas: Gene McCarthy remained in the old neighborhood,
started a business there, married his childhood sweetheart
Mary Dories, and together they raised their three children
staying in the neighborhood in their family home on Katherine
Street; and
Whereas: Gene McCarthy has been the proprietor of
McCarthy's Tavern on Hamburg Street for over 46 years.
During these years he has shared many stories and good times
with countless friends and patrons. Always, ready to lend an
ear or to help with a problem; and
Whereas: Gene McCarthy is known throughout the Old First
Ward for the stories he tells, the people he helps and the
community he serves in countless ways. And, most importantly
for his love of family and his pride in the "Old First Ward
Neighborhood with its' rich Irish heritage; and
Whereas: Gene McCarthy has received many awards, and
honors over the years Once again the community has rallied
behind this man in a show of appreciation for all that he has
done on behalf of others; and
Whereas: The membership of McCarthy's Social & Athletic
Club, have requested this trailblazing signage designation and
have further committed to being responsible for the cost
incurred with placement of same; and
Whereas: In appreciation for his endless generosity, his
commitment and dedication to his community and to the City of
Buffalo, it is fitting to honor Gene McCarthy for his never
ending service and for his pride in his "Old First Ward"
neighborhood; and
Now Therefore, Be It Resolved: That this Common Council
approves the installation of trailblazing signage proclaiming the
portion of Republic Street between Hamburg Street and
Louisiana Street as "Gene McCarthy Way "; and
Be It Further Resolved That: This Common Council requests
that the Department of Public Works install trailblazing signs
that read "Gene McCarthy Way" beneath the existing street
signs on Republic Street between Hamburg Street and
Louisiana Street.
PASSED
AYES - 12 NOES — 0
NO. 129
BY: MRS. LOTEMPIO
EXCUSE COUNCILMEMBER GRAY FROM COUNCIL
MEETING.
Whereas: Councilmember Beverly Gray will be unable to attend
the
Council meeting on Tuesday, March 4, 2003,
Now, Therefore, Be It Resolved:
That the Common Council excuses Councilmember Beverly
Gray from attending the Tuesday, March 4, 2003, Common
Council meeting.
ADOPTED
NO. 130
BY MR. PITTS AND MR. THOMPSON
OPPOSING THE WAR IN IRAQ
WHEREAS, the residents of the City of Buffalo, New York
and their elected officials have the Constitutional Right and
duty to petition the national government on matters of grave
concern to our city, the nation, and the world community;
WHEREAS, we stand on the threshold of a war in the country
of Iraq and the surrounding region where the lives of hundreds
of thousands of Americans and millions of Iraqi civilians,
including women and children, will be endangered by a
devastating modern war; and
WHEREAS, it has not been proven that the issues with Iraq
cannot be resolved by traditional diplomatic efforts; and
WHEREAS, more time may be necessary to resolve issues in
a diplomatic manner; and
WHEREAS, military action against Iraq will cost billions of
dollars at a time when the American economy is struggling and
at a time when the federal government is operating with a
deficit; and
WHEREAS, the State of New York is facing deficit situations
and serious budgetary constraints; and
WHEREAS, the City of Buffalo is also facing serious financial
problems; and
WHEREAS, while making preparations for a costly war against
Iraq, the Bush Administration is proposing a tax cut for the very
wealthy and this tax cut will result in less money being provided
for education, health care, employment, aid to American cities,
desperately needed social services, and the environment; and
WHEREAS, military action in Iraq will divert attention from
economic issues and challenges confronting the American
people and American cities; and
WHEREAS, resolutions opposing military action against Iraq
have been adopted by numerous City Councils including
Chicago, Cleveland, Detroit, Philadelphia, Baltimore, San
Francisco, Albuquerque, New Haven, Seattle, and Los
Angeles; and
WHEREAS, the people of Buffalo believe that we must exhaust
every possible diplomatic and political alternative in order to
prevent a war with Iraq which is more likely to result in the use
of weapons of mass destruction than will a policy of diplomacy;
and
WHEREAS, many religious, community, and union leaders
throughout the United States have spoken out against this war
and the impact it will have on our people; and
WHEREAS, according to the United Nations International
Children's Education Fund (UNICEF), 500,000 children have
died in Iraq during the past 12 years as a result of the 1991 war
in Iraq and the subsequent sanctions imposed on that country
and a new war may cost the lives of hundreds of thousands of
Iraqi civilians as well as military casualties on all sides; and
WHEREAS, committing American troops to Iraq will put in
harm's way working class residents of Buffalo, a
disproportionate number of them racial and ethnic minorities
from our city's most economically deprived neighborhoods; and
WHEREAS, The climate of fear and war hysteria has removed
from public scrutiny numerous issues of public concern; and
WHEREAS, fears of domestic terrorism in the United states
following 9 -11 have resulted in the passage of laws, including
the USA Patriot Act, and the enactment of directives that have
reduced civil liberties and the right to democratic self -
expression of Buffalonians and all U. S. citizens, and further
restrictions will no doubt be imposed if the U. S. invades Iraq;
and
NOW, THEREFORE, BE IT RESOLVED that the Buffalo
Common Council opposes any military action against Iraq
undertaken without full endorsement by the United Nations and
urges President Bush to continue seeking a peaceful resolution
of issues with Iraq in a diplomatic manner.
BE IT FURTHER RESOLVED that the City Clerk send a
certified copy of this resolution to President Bush, United
States Senators Hillary Rodham Clinton and Charles E.
Schumer, Congresswoman Louise M. Slaughter,
Congressman Jack Quinn, and Congressman Thomas M.
Reynolds.
LAID ON THE TABLE
AYES — BONIFACIO, COPPOLA, FISHER, FONTANA,
FRANCZYK, GOLOMBEK, LOTEMPIO, MARTINO — 8
NOES — DAVIS, GRANT, PITTS, THOMPSON
NO. 131
BY: MESSRS. PITTS & COPPOLA
WAIVE CONSTRUCTION FEE FOR BUFFALO ZOO
EXHIBIT
Whereas: For the past several years, the Buffalo Zoo has
been working diligently on their "Master Plan" to renovate the
attractions at the Zoo; and
Whereas: In May 2003, renovation of the Main Animal Building
will be completed; it is this project that secured the Buffalo
Zoo's accreditation by the American Zoo and Aquarium
Association (AZA); and
Whereas: The next attraction scheduled to open is the Sea
Lions and River Otters exhibit. Upon the opening of this exhibit
in May 2004, the Sea Lions and River Otters will become the
animal ambassadors for the Buffalo Zoo's new theme: "Water;"
and
Whereas: This state of the art attraction will offer educational
shows and underwater viewing of the Sea Lions and River
Otters. It is certain to increase the number of visitors who visit
the zoo annually; and
Whereas: Representatives of the Buffalo Zoo have requested
that the Common Council waive the building permit fees for the
Sea Lion and River Otter Exhibits and the $1,000 site plan fee
required by the City Planning Board. The Buffalo Zoo does
not plan to request any other additional support for the
construction costs toward these exhibits from the City of
Buffalo;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo waive the
building permit fees for the Sea Lion and River Otter Exhibits at
the Buffalo Zoo; and
Now, Be It Further Resolved:
That the Common Council of the City of Buffalo also waive the
$1,000 City Planning Board site plan fee for this exhibit.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
COMMISSIONER OF PUBLIC WORKS
NO. 132
BY: MR. THOMPSON
THE NEW YORK STATE HAZARDOUS WASTE
DISPOSAL SITE REMEDIAL PROGRAM
Whereas- The New York State Hazardous Waste Disposal Site
Remedial Program, was created in the early 1980s to find,
investigate, and clean up the worst sites that pose a significant
threat to public health or the environment in New York State;
and
Whereas: The "Superfund" was originally funded by the $1.1
billion Environmental Quality Bond Act of 1986, with additional
money coming from taxpayers and industry fees; and
Whereas: The " Superfnd" ran out of money on March 31,
2001, causing hundreds of investigations and cleanup projects
to go unfinished on more than 800 toxic sites, leaving hundreds
of people threatened by leaking toxic dumps; and
Whereas: There are as many as 150 known toxic sites in Erie
County. 20 State "Superfund" sites in Western New York, and
80 percent of the 1,000+ hazardous waste sites on the New
York State Registry have not been fully cleaned up because of
a failure to refinance the "Superfund" program; and
Whereas: The longer we wait to refinance the "Superfund"
program, with the resources necessary to clean and restore
hazardous sites effectively, the greater the public health threat.
The "Superfund" must be replenished to protect and preserve
our State's resources and the quality of our environment; and
Whereas: The "Superfund" program was successful at
returning contaminated property to economically productive
uses, Sixty -six percent of the sites, where clean ups were
completed were put to an industrial or commercial use;
Now Therefore Be It Resolved That:
The Common Council of the City of Buffalo, memorializes the
New York State Legislature and Governor to replenish the New
York State Hazardous Waste Disposal Site Remedial Program
also known as the "Superfund "; and
Be It Further Resolved That:
Although Current legislation calls for pre - disposal conditions
for "Superfund" sites, there has been some debate to weaken
the clean -up standards. Although few sites are ever actually
cleaned up to pre - disposal conditions, at a minimum, standards
should eliminate or mitigate all threats to public health and the
environment. In addition, deed restrictions and fences should
be in place when contamination is left in the ground.
Maintenance of the "polluters pay" principle that currently
governs the program must be maintained. This principle has
resulted in a significant amount of cleanup costs being
assumed by responsible parties, and should be maintained to
avoid passing costs onto taxpayers; and
Be It Finally Resolved That:
Certified Copies of this resolution be sent to the Western New
York State Legislative Delegation, The Governor of New York
State, the New York State Department of Environmental
Conservation, the Buffalo Environmental Management
Commission, the Citizens Environmental Coalition, the New
York Public Interest Group (NYPIRG), Citizens Campaign for
the Environment, the Environmental Conservation Committee
Chair, Thomas DiNapoli, Speaker of the Assembly, Sheldon
Silver and the State Senate Majority Leader Joseph Bruno.
ADOPTED
NO. 133
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 South Buffalo Lions Club
By Councilmember Martino
Felicitation for Michelle J. Thomas
By Councilmember Pitts , Michaux
Felicitation for Sundra Ryce
By Councilmember Pitts. Michaux
Felicitation for Xi Epsilon Omega (Madrene Kemp)(Dr. Ellen
Grant Bishop)(Arthur Eve
By Councilmember Pitts, Michaux
ADOPTED.
NO. 134
BY: ANTOINE M. THOMPSON
APPOINTMENTS
COMMISSIONER OF DEEDS
That the following persons are hereby appointed as
Commissioner of Deeds for the term ending December 31,
2004, conditional, upon the person so appointed certifying
under oath to their qualifications and filing same with the City
Clerk. -
POUGH, ERICA
HESS, BETH ANN
SANTORA, CATHERINE
WEINGART, ANNE
TOTAL4
ADOPTED
NO. 136
BY: ANTOINE M. THOMPSON
APPOINTMENTS
COMMISSIONERS OF DEEDS
REQUIRED FOR THE PROPER
PERFORMANCE OF PUBLIC DUTIES
That the following persons are hereby appointed as
Commissioner of Deeds for The term ending December 31,
2004, conditional upon the persons so appointed certifying
under oath to their qualifications and filing same with the
Michaux, Charles
Leatherbarrow, Thomas
Doyle, Richard
Ososki, Susan
Zangara, Ralph
Macey, Robert
McLaughlin, Dennis
TOTAL 7
ADOPTED
NO. 136
ANNOUNCEMENT OF COMMITTEE MEETINGS
* *REVISED ** The following meetings are scheduled. All
meetings are held in the Common Council Chambers, 13 1 h
floor City Hall, Buffalo, New York, unless otherwise noted.
Regular Committees
Committee on Civil Service
Tuesday, March 11, 2003 at 9:3 0 o'clock A.M.
Committee on Finance
Tuesday, March 11, 2003 at 10:00 o'clock A.M.
following Civil Service
Committee on Legislation
Tuesday, March 11, 2003 at 2:00 o'clock P.M.
Committee on Comm. Dev.
Wednesday, March 12, 2003 at 10:00 o'clock A.M.
Committee on Education
Wednesday, March 12, 2003 at 2:00 o'clock P.M
Special Committees
Regional Governance
Wednesday, March 5, 2003 at 2:00 o'clock P.M. in
Room 1417 City Hall
Spec. Leg. Comm. Mtg.
Thursday, March 6, 2003 at 2: 00 P.M. in Room
1417 City Hall on Downtown Preservation & Parking & Parking
Meters.
MBEC
Monday, March 10, 2003 at 10:00 o'clock A.M. in
Room 1417 City Hall.
Taxicabs /Liveries
Thursday, March 13, 2003 at 11:00 o'clock A.M. in
COUNCIL CHAMBERS*
Bi- National Bridge
Thursday, March 13, 2003 at 2:00 o'clock P.M. in
Room 1417 City Hall.
(Public DisclaimerIL 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. 137
ADJOURNMENT
On a motion by Mrs. LoTempio, Seconded by -Mr. Coppola,
the Council adjourned at 3:58 pm
CHARLES L. MICHAUX, III
CITY CLERK