HomeMy WebLinkAbout04-0706No.( 14)
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
JULY 6, 2004
MAYOR
Hon. Anthony M. Masiello
ACTING COMPTROLLER
Andrew Sanfilippo
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
FILLMORE DISTRICT
David A. Franczyk
PRESIDENT PRO TEMPORE
UNIVERSITY DISTRICT
Bonnie E. Russell
MAJORITY LEADER
DELAWARE DISTRICT
Marc A. Coppola
DISTRICT COUNCIL MEMBERS
BRIAN C. DAVIS - ELLICOTT
RICHARD A. FONTANA - LOVEJOY
ANTOINE M. THOMPSON - MASTEN
DOMINIC J. BONIFACIO Jr. - NIAGARA
JOSEPH GOLOMBEK JR. - NORTH
JAMES D. GRIFFIN - SOUTH
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Bonnie E. Russell
Chairman, Brian C. Davis, Joseph Golombek Jr., Richard A.
Fontana - Members
CORPORATION PROCEEDINGS
CLAIMS COMMITTEE: James D. Griffin, Chairman,
Richard A. Fontana, Joseph Golombek,Jr., Antoine M.
Thompson - Members
COMMUNITY DEVELOPMENT COMMITTEE: Joseph
Golombek, Jr. Chairman, Dominic J. Bonifacio Jr., Bonnie E.
Russell, Antoine M. Thompson - Members
FINANCE COMMITTEE: Brian C. Davis, Chairman,
Dominic J. Bonifacio, Jr., Marc A. Coppola, James D. Griffin
- Members.
LEGISLATION COMMITTEE: Richard A. Fontana,
Chairman, Dominic J. Bonifacio Jr., Marc A. Coppola,
Bonnie E. Russell - Members
RULES COMMITTEE: David A. Franczyk, Chairman
Marc A. Coppola, Bonnie E. Russell - Members
SPECIAL COMMITTEES
BUDGET COMMITTEE: Dominic J. Bonifacio, Jr.,
Chairman, Marc A. Coppola, Brian C. Davis, Joseph
Golombek, Jr. - Members
MINORITY BUSINESS ENTERPRISE COMMITTEE -
Antoine M. Thompson, Chairman Brian C. Davis, James D.
Griffin
EDUCATION COMMITTEE
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, JULY 6, 2004
AT 2:00 P.M.
PRESENT — David A. Franczyk, President of the
Council, and and Council Members Bonifacio, Coppola,
Davis, Fontana, Golombek, Griffin, Russell and
Thompson — 9.
ABSENT - None.
On a motion by Mr. Coppola seconded by
Mr.Fontana, the minutes of the stated meeting held on
June 22, 2004 were approved.
FROM THE MAYOR
NO. 1
Declaration of Need
Attached please find a Declaration of Need in the amount
of One Hundred Twenty Million Dollars required by the
Buffalo Fiscal Stability Authority (BFSA)
to borrow funds for 2004 -2005 cash flow requirements of the
City of Buffalo. Pursuant to the BFSA legislation, the
Common Council must approve this Declaration to enable
the BFSA to borrow these funds on the City's behalf.
Included in the attachment, is an analysis provided by the
BFSA detailing the cost of the borrowing.
Mr. Coppola moved
That the Common Council hereby approves the Declaration
of Need dated July 6, 2004 in the amount of One Hundred
Twenty Milli0on Dollars required by the BFSA for 2004 -2005
Cash flow requirements
PASSED
AYES — BONIFACIO, COPPOLA, FRANCZYK, GOLOMBEK,
RUSSELL - 5 NOES — DAVIS, FONTANA, GRIFFIN,
THOMPSON -4
NO. 2
Name Michael D'Orazio
Acting commissioner of Fire Effective upon the retirementof Calvin
Worthy, please be advised that I have named Deputy Commissioner
Michael D'Orazio Acting Commissioner of Fire. Deputy
Commissioner D'Orazio will serve in this capacity until such time
as we complete the process for filling the position of
Commissioner of Fire.
Mr. Coppola moved
That the Common Council hereby rescinds the motion to receive
& file this item on February 17, 2004 and now hereby approves
the appointment of Deputy Commissioner D'Orazio as Acting
Commissioner of Fire
PASSED
AYES -9 NOES -0
FROM THE MAYOR EXECUTIVE
FROM THE OFFICE OF CITIZEN SERVICES
NO. 3
BUFFALO WEED AND SEED YOUTH OPPORTUNITY
INITIATIVE YEAR IV FUNDS
This is to advise the Honorable Common Council the
funds for Year IV of the Buffalo Weed and Seed Program, in
the amount of $92,210.00 has been awarded to the City of
Buffalo.
This grant will allow Buffalo Weed and Seed to continue and
expand its 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 U.S. Department of Justice Weed
and Seed Grant.
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 then 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, Community Asset
Mapping, Job Training and 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 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 incur 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.S. Department of Labor and Buffalo
and Erie county Work Force Development Consortium and
as previously approved by the Honorable Body for Year I, II,
and Year III.
Mr. Coppola moved
That the above communication from the Mayor dated
June 29, 2004, be received and filed; and
That the Common Council accept the funds for Year IV
of the Buffalo Weed and Seed Program, in the amount
of $92,210.00.
PASSED
AYES - 9 NOES - 0
NO. 4
BUFFALO WEED AND SEED INNER -CITY URBAN AND
COMMUNITY FORESTRY PROJECT I:
This is to advise the Honorable Common Council that the
Buffalo Weed and Seed Program has been granted funds
from the State of New York Department of Environmental
Conservation in the amount of $25,000 for the implementation
of a comprehensive Inner -City Urban and Community
Forestry Project.
This grant will allow us to conduct an environmental
education awareness program for inner -city residents to
improve their neighborhood environments through tree
planting in community green spaces and curb areas using
environmental design principles that promote sustainable
tree management and crime prevention. Our project goal is
to introduce block clubs to environmental design principles
that will enable them to use natural resources to recapture a
sense of community pride and their neighborhood green
spaces. Trees planted in the curb areas will provide shading
and protection for future garden activities. Fruit trees will
provide food to low- income residents and serve as focal
point for future planting in the community gardens.
Implementation of this project will enable Buffalo Weed and
Seed to continue and expand it's mission to engage residents
as partners in crime prevention partners and neighborhood
reviatlization activities in Buffalo's East and West sides (part
of Police District "B" and "C ") as prescribed by our current
U.S. Department of Justice Weed and Seed Grant.
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 State of New York Department of
Environmental Conservation.
Mr. Coppola moved
That the above communication from the Mayor dated
June 29, 2004, be received and filed; and
That the Common Council accept funds from the
State of New York Department of Environmental
Conservation for the Buffalo Weed and Seed Program,
in the amount of $25,000.00 for the implementation of
a comprehensive Inner -City Urban and Community
Forestry Project.
PASSED
AYES - 9 NOES - 0
FROM THE BOARD OF PARKING
NO. 5
AUDIT OF BCAR
CCP# 21 3/30/2004
Attached please find the Board of Parking's response to the
above state audit.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 6
BUFFALO CIVIC AUTO RAMPS INC.
EXTENSION OF MNGT AGREEMENT
As you are aware the existing Management Agreement
between the City of Buffalo and Buffalo Civic Auto Ramps
Inc. expires by its terms on June 30, 2004.
The Board of Parking at its regular monthly meeting of June
23, 2004, unanimously passed a resolution to extend the
existing Management Agreement for six (6) months until
December 31,2004. During this time the Board of Parking will
continue to work with the Corporation Counsel on developing
a new document for the downtown ramp that would be used
to solicit proposals for a new agreement.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 7
APPROVAL OF CONTRACT FOR
SALE OF LAND — 1435 HERTEL
NICK KOTRIDES, REDEVELOPER
The City of Buffalo Urban Renewal Agency duly designated
Nick Kotrides and /or joint venture, partnership, corporation or
other legal entity to be formed as the qualified and elgible
Redeveloper for the subject parcel.
The Agency has also determined that the proposed Land
Disposition Agreement negotiated by the Agency and the
Redeveloper is satisfactory.
Please be advised that in accordance with the provisions of
Article 15A of the General Municipal Law, it is now necessary
for your Honorable Body to set a date for a public hearing, and
to direct the publication of a notice of said hearing. In the
interest of time and anticipating that Your Honorable Body is
willing to expedite this matter, I have taken the liberty to
prepare a Resolution together with a Notice of Public Hearing
for your action.
Forwarded separately are the following documents:
Resolution setting Public Hearing Notice
3. Resolution approving proposed Land Disposition
Agreement
After the Public Hearing is held, Your Honorable Body may
adopt a Resolution authorizing the disposition of the land to
the Redeveloper, which the Agency has designated as being
qualified and eligible.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 8
PERSONAL SERVICE CONTRACT
MEMORANDUM
The following is the information you requested on
Personal Service Contracts during the period July 1,
2003 — June 30, 2004.
Buffalo Neighborhood Revitalization Corporation
Name Carla A. Kosmerl, CPA
Amount paid $14,040.00
Status Terminated
Services Prepared various reports on the
Homeownership Zone Program
Buffalo Economic
Name Renaissance
Amount Paid: Corporation
Status Name Stewart M.
Levy
Services: Amount Paid:
$25,504.00
Status Terminated
Services: Preformed various Business Development Out-
reach services
Name Daniel E. Kwiatkowski
Amount Paid: $3,885.00
Status Terminated
Services Provided advice on various HUD 108 Loan
Applications
Name Maureen D. Pace
Amount Paid$6,666.66
StatusActive
Services Entrepreneurial Assistance Program Instructor
REFERRED TO THE COMMITTEE ON FINANCE
NO. 9
ACTING FIRE COMMISSIONER EXT OF M D'ORAZIO
APPT
Item No. 4, C.C.P. 2/17/04
On February 17, 2004 the Mayor appointed "acting" Fire
Commissioner
No.4 COMMON COUNCIL PROCEEDINGS OF THE CITY
OF BUFFALO FEBRUARY 17, 2004 FROM THE MAYOR
No. 1 Name Michael D'Orazio Acting Commissioner of Fire
Effective upon the retirement of Calvin G. Worthy, please be
advised that I have named Deputy Commissioner Michael
D'Orazio Acting Commissioner of Fire. Deputy
Commissioner D'Orazio will serve in this capacity until such
time as we complete the process for filling the position of
Commissioner of Fire.
The City Charter reads as follows under Article 14 -2
In the event of the death of the Commissioner of Fire or a
vacancy in that office for any other cause whatsoever, the
mayor shall appoint a commissioner of fire to serve for a
period not to exceed one hundred and eighty days, which
temporary appointment shall not be subject to confirmation
by the council.
The temporary appointment of acting Fire Commissioner
would have expired on June 22, 2004. At that time the
Comptroller's department would be unable to pay the
individual at the commissioner's salary.
As a result of that the Comptroller's department asked the
Corporation Counsel's office to opine on the temporary
situation that we face. An opinion was issued from the
Corporation Counsel's Office (with a copy to the Human
Resources Commissioner) that we feel allows us to continue
the temporary appointment payments to the acting Fire
Commissioner Michael D'Orazio.
The letter from the Corporation Counsel's office "Dear
Mayor Masiello:
The Department of Human resources has requested a legal
opinion as to the authority of the Mayor to make successive
temporary appointments to the position of Commissioner of
Fire. The following is the opinion of the undersigned, and
has been reviewed by Corporation Counsel Michael B.
Risman.
The Charter of the City of Buffalo, Article 14, Section 14.2,
authorizes the Mayor to make a temporary appointment to
the position of Commissioner of the Department of Fire for a
period 'not to exceed one hundred eighty days'
'In the event of the death of the commissioner of fire, or a
vacancy in that office for any other cause whatsoever, the
mayor shall appoint a commissioner of fire to serve for a
period not to exceed one hundred and eighty days, which
temporary appointment shall not be subject to confirmation
by the council.'
The Charter is certainly read with the understanding that
such appointment is to assure proper administration of the
Fire Department, until the Commissionership is formally
filled. Thereby, the Mayoral authority is clear. Inasmuch as
the 180 day period ends prior to the formal appointment of a
Commissioner, successive temporary appointments would be
necessary to assure adequate leadership of the Fire
Department and administration of its services to the public.
The Mayoral appointment authority must, of course, be
remedied with the clear intent of the City Charter. The
Charter specifically imbues the Common Council with
confirmation authority of Mayoral appointments. This
authority must be shown proper deference. Temporary
appointment(s) must be made in good faith, and not to side-
step the oversight role of the Common Council. Indeed, it is
the overall intent that direct leadership of the Fire
Department be provided by an appointee who has been
presented by the Mayor, yet confirmed by the representative
voice of the Common Council.
The Council's confirmation authority does not, however,
thwart the Mayor's right and privilege to make all necessary
and reasonable temporary appointments to the Fire
Commissionership. Rather it imposes the standards of
reasonableness and good faith into such a decision.
Considering the busy schedule of the Mayor, the importance
of the Fire Commissioner position and the fact that there is a
large field of minimally qualified candidates, nationwide, it is
practical that the search, selection and confirmation of a well
qualified Commissioner could consume greater than one
hundred eighty days.
Lastly, I see no impediment to having the same
person receive successive temporary appointments.
To argue that one candidate ought not be permitted to
receive multiple appointments, seems to be a
suggestion that either (i) successive appointment is
prohibited or (ii) the appointee is not deemed
qualified to hold the position. As discussed, I believe
the Mayor does have authority to successively
appoint, so long as his choice is reasonable and in
good faith. Certainly, appointment of a well qualified
appointment would be a requisite of these
requirements. Please let me know if I can further
clarify the Corporation Council's position. Thank
you. Yours Very truly, Michael B. Risman,
Corporation Counsel By: Christopher M. Putrino,
Assistant Corporation Counsel."
RECEIVED AND FILED
NO. 10
AUDIT REPORT OF BUFFALO CITY COMPTROLLER ON
THE BUFFALO SCHOOL DISTRICT
Mr. Richard P. Mills, Commissioner New York State Education
Department and Mr. Alan Hevesi, State Comptroller of the
New York State Office of State Comptroller.
The Comptroller has audit authority over the Board of
Education as a result of New York State legislation. As a
result of that authority, we have reviewed the financial
reports on the District and conducted our own internal audit
of one segment of its operation.
We have reviewed the reports of the State Comptroller's
Office, the Audit Report and Management Letter from the
Board's own auditors, and also reports by the Council of
Great Schools. With this information and our own limited
audits of the management controls at the Board, we audited
Buffalo Board of Education of the Buffalo Public State Aid and
Grant Cash Management.
We have assigned a relative risk factor of the various
procedures and specific areas to help effectuate an efficient
and effective audit process. We planned the scope and
performed the audit procedures, held exit interviews, issued
the reports with recommendations and filed the results with
the Common Council. This is part of the audit reporting as
required by the State Comptroller and the State Education
Department.
The audit has identified control and performance issues, made
recommendations based on the findings and encouraged
participation in the cash flow projection procedures.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 11
FEDERAL FORM 1099S FOR CALENDAR YEARS 2002 &
2003 DEAR MR. WANAMAKER:
We performed an audit of Personal Service Contracts which
included BURA, BNRC and BERC. We used information
from the annual 1099s for the respective employers. The
Common Council asked some specific questions about the
audit and the future policies and procedures.
I am, therefore, formally requesting a listing of 1099
information by the calendar years 2002 and 2003 for your
respective entities. We would like to proceed with this
element, so if there is any problem we would appreciate a
phone call so that we can complete this audit.
Outside of your written responses to date to the audit, we
have not been contacted concerning procedures that would
reduce this risk in the future. The City's procedures have
been reasonably successfully since the IRS audit.
Thank you in advance for your assistance. Respectfully,
REFERRED TO THE COMMITTEE ON FINANCE
No. 12
Certificate of Appointment
Appointment effective July 6, 2004 in the Department of Audit
and Control
Division of Cash & Debt Management to the position of
Investment & Debt Management Officer Exempt appointment
at the Maximum Starting Salary of 73, 208
Richard F Calipari, 2 Via Donato, Lancaster, NY 14043
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF ASSESSMENT AND
TAXATION
NO. 13
PERSONAL SERVICE CONTRACTS
In response to the communication dated June 21, 2004 from
Finance Chairman Brian C. Davis, please be advised that
the Department of Assessment and Taxation does not have
any "...Agreements or Contracts for Personal Services of a
Non - professional and /or Professional nature rendered by an
unincorporated business entity..." with any individual or
business for the period of July 1, 2003 through June 30,
2004.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF PUBLIC WORKS PARKS
AND STREETS
NO. 14
NOTIFICATION SERIAL #9946 [: INSTALL STOP SIGNS
IN DOAT STREET
AT MAY STREET
STOP SIGNS (ALL -WAY) - INSTALL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 9 Section 11 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding
thereto the following: STOP SIGNS
VEHICLES ON SHALL STOP BEFORE ENTERING
Doat Street May Street
This action is being taken in view of the fact that minimum
Federal Highway Administration guidelines, as they relate to
accident history, have been met regarding the installation of
all -way stop control at this intersection.
RECEIVED AND FILED
NO. 15
ACCEPT PROPERTY DONATION
R.O.W. ACQUISITION PHASE III SCAJAQUADA
PATHWAY [: 1700 NIAGARA ST., BUFFALO, NY
P.I.N. 5756.14
#16 OF CCP 6/8/04
Your Honorable Body has previously approved
construction bids for the subject project, item #16 of CCP
6/8/04. In order to construct this Federal Aid project it is
necessary to acquire a small triangular parcel of land at the
rear of 1700 Niagara St. with an area of 19.9 square feet
(location map attached).
The current property owner known as Seventeen Hundred
Niagara, Inc. has agreed to donate the parcel to the City of
Buffalo and has signed a standard NYSDOT donation form
to the City of Buffalo (copy attached).
Permission is requested from Your Honorable Body to accept
this parcel as a donation to satisfy the necessary right of way
acquisition process for this project.
Mr. Coppola M ove d:
That the above communication from the Commissioner
of Public Works, Parks and Streets dated March 10,
2004, be received and filed; and
That the City of Buffalo, Department of Public Works,
Parks and Streets accept a triangular parcel of land at
the rear of 1700 Niagara Street with an area of 19.9
square feet from Seventeen Hundred Niagara Inc., to
satisfy the necessary right of way acquisition process
for R.O.W Acquisition Phase III Scajaquada Pathway,
P. I. N. 5756.14.
PASSED
AYES - 9 NOES - 0
NO. 16
72 -76 PEARL STREET
BALCONY WITHIN CITY RIGHT OF WAY
(ELLICOTT)
Mr. Drew J. Gedra and Mr. Earl A. Ketry,
owners of the Pearl Street Grill and Brewery, located at
72 -76 Pearl Street, have requested permission to
encroach City right of way with a second floor balcony at
said address. The balcony would occupy both the
Seneca Street and Pearl Street sides of the property,
extend 7 from the building face into City right of way. and
provide seating for approximately 90 diners.
The balcony was approved by the City Planning Board
at their meeting of June 29, 2004.
The Department of Public Works, Parks and
Streets has reviewed this application pursuant to
Chapters 413 -67 (Encroachment Regulations) of the City
Ordinances and has no objection to Your Honorable
Body authorizing the Commissioner of Public Works,
Parks and Streets to issue a "Mere License" for said
encroachment provided the following conditions are met:
1. That the applicant obtain any and all City of Buffalo permits
necessary.
2. That the balcony be installed exactly as shown on
plans submitted to and approved by the Department
of Permit & Inspection Services.
3. That the applicant be responsible for maintenance of the
balcony as long as it remains within City right of way.
4. That, in the event that the Commissioner of Public
Works, Parks and Streets determines the
encroachment must cease as a result of factors
effecting the health, safety and welfare of the public,
or the needs of the City, said commissioner may order
the immediate removal of the encroachment as
described in Chapter 413 -67(F) of the City
Ordinances.
5. That the applicant supply the Department of Public
Works, Parks and Streets with a certificate of
insurance, in an amount deemed sufficient by the
Corporation Counsel, which will indemnify and save
harmless the City of Buffalo against any and all loss or
damage arising out of construction. maintenance, use
or removal of said balcony.
Mr. Coppola Moved:
That the Common Council hereby approves the
encroachment on the City ROW for a balcony at 72 -76
Pearl Street with the above conditions.
PASSED.
AYES -9. NOES -0.
NO. 17
REPORT OF BIDS
DOWNTOWN BUFFALO
PARKING SIGN PROJECT
EAST OF MAIN STREET
This is to advise Your Honorable Body that I have advertised
and received bids on June 30, 2004. The following bids were
received:
Contractor Base Bid Total Bid
Price
Destro & Brothers Concrete Co., Inc. 46,139.00 $48,445.95
411 Ludington St. Buffalo, New York 14206
1 hereby certify that the lowest responsible bidder for the
above project is Destro & Brothers Concrete Co., Inc. and I
respectfully recommend that Your Honorable Body
authorize a contract award to Destro & Brothers Concrete
Co., Inc. in the amount of $48,445.95. (Base Bid of
$46,139.00 + [5% unit price increases] $2,306.95 equals
[Total Award] $48,445.95.) Funds for this project are
available in our Capital Account #30032106 - 445100. The
engineer's estimate for this work is $48,000.00. That the
above communication from the Commissioner of Public
Works, Parks and Streets dated July 1, 2004, be received
and filed; and
Mr. Coppola moved:
That the Commissioner of Public Works, Parks
and Streets, be, and he hereby is authorized to award a
contract for Downtown Buffalo Parking Sign Project East of
Main Street, to Destro Brothers Concrete Co., Inc., the lowest
responsible bidder, in the amount of $48,445.95 (Base Bid of
$46,139.00 + [5% unit price increases] $2,306.95 equals
[Total Award] $48,445.95). Funds for the project are
available in Capital Account #30032106 - 445100.
Passed.
AYES -9. NOES -0.
NO. 18
REPORT OF BIDS
DOWNTOWN BUFFALO PARKING SIGN PROJECT
WEST OF MAIN STREET
This is to advise Your Honorable Body that I have advertised
and received bids on June 30, 2004
Contractor Base Bid
Total Bid Price
Destro & Brothers Concrete Co. Inc. $44,734.00
$46,970.70
411 Ludington Street
Buffalo, NY 14206
JP Construction of New York Inc. No Bid
No. Bid
I hereby certify that the lowest responsible bidder for the
above project is Destro & Brothers Concrete Co., Inc. and I
respectfully recommend that Your Honorable Body authorize
a contract award to Destro & Brothers Concrete Co., Inc. in
the amount of $46,970.70. (Base Bid of $44,734.00 + [5%
unit price increases] $2,236.70 equals [Total Award]
$46,970.70.) Funds for this project are available in our
Capital Account #30032106 - 445100. The engineer's
estimate for this work is $48,500.00.
Mr. Coppola moved:
That the Commissioner of Public Works, Parks
and Streets, be, and he hereby is authorized to award a
contract for Downtown Buffalo Parking Sign Project West of
Main Street, to Destro Brothers Concrete Co., Inc., the lowest
responsible bidder, in the amount of $46,970.70 (Base Bid of
$44,734.00 + [5% unit price increases] $2,236.70 equals
[Total Award] $46,970.70). Funds for the project are
available in Capital Account #30032106 - 445100.
Passed.
AYES -9. NOES -0.
NO. 19
REPORT OF BIDS
SIGNAGE PROJECT
CITY OF BUFFALO MEDICAL CAMPUS
This is to advise Your Honorable Body that I have
advertised and received bids on June 30, 2004. The
following bids were received:
Contractor Base Bid Total
Bid Price
Destro & Brothers Concrete Co., Inc. 411 Ludington St.
Buffalo, New York 14206 $43,808.00
$45,998.40
JP Construction of New York, Inc. 21 Stahl Rd.
Getzville, NY 14068 No Bid
No Bid
Geograph Industries, Inc 475 Industrial Drive
Harrison, OH 45030
No Bid
I hereby certify that the lowest responsible
bidder for the above project is
Destro & Brothers Concrete Co., Inc. and I respectfully
recommend that
Your Honorable Body authorize a contract award to Destro &
Brothers
Concrete Co., Inc. in the amount of $45,998.40. (Base Bid of
$43,808.00 +
[5% unit price increases] $2,190.40 equals [Total Award]
$45,998.40.)
Funds for this project are available in our Capital Account
#30032106- 445100.
The engineer's estimate for this work is $47,000.00.
Mr. Coppola Moved:
That the above communication from the
Commissioner of Public Works, Parks and Streets dated
July 1, 2004, 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 Signage Project City of Buffalo Medical Campus,
to Destro Brothers Concrete Co., Inc., the lowest responsible
bidder, in the amount of $45,998.40 (Base Bid of $43,808.00
+ [5% unit price increases] $2,190.40 equals [Total Award]
$45,998.40). Funds for the project are available in Capital
Account #30032106- 445100.
Passed.
AYES -9. NOES -0.
NO. 20
BUS SHELTERS (2)
WITHIN CITY RIGHT -OF -WAY
Mr. Christopher J. Cronin, Traffic Data Administrator
for the Niagara Frontier Transportation Authority
(NFTA), has requested permission to install two bus
shelters within City right -of -way.
The proposed locations are:
West Utica @ Elmwood; south side of street, approximately
50' west of Elmwood.
Fillmore @ East Ferry Street, northwest corner.
The Department of Public Works, Parks and Streets
has reviewed the NFTA's request pursuant to Chapter
413 -67 (Encroachment Regulations) of the City
Ordinances and has no objection to Your Honorable
Body authorizing the Commissioner of Public Works,
Parks and Streets to issue a "Mere License for said
installation provided the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo
permits necessary for said installation.
2. That the bus shelters be installed exactly as shown on
plans submitted to and approved by the Department of
Public Works. Parks and Streets.
3. That the applicant be responsible for maintaining the bus
shelters as long as they remain within City right -of -way.
4. That the applicant supply the City of Buffalo with a five
thousand dollar construction in street bond or certificate of
insurance which will indemnify and save harmless the City of
Buffalo against any and all loss and damage arising out of
the construction, maintenance, use and removal of said bus
shelters.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 21
CONNECTICUT STREET
CONDUIT WITHIN RIGHT
OF WAY -
NIAGARA DISTRICT
Mr. Jim Baker. of Russo Development, acting as agent for
the applicant, D'Youville College located on Porter
Avenue, has requested permission to install two conduits
within City right of way on Connecticut Street. The
conduits are part of the new construction underway at
D'Youville College and will enable the connection of
computers between buildings.
The Department of Public Works. Parks and Streets has
reviewed this request pursuant to Chapter 413 -67
(Encroachment Regulations) of the City Ordinances and
has no objection to Your Honorable Body authorizing the
Commissioner of Public Works. Parks and Streets to issue
a "Mere
License" to DYouville College for said conduit installation
provided the following conditions are met:
1. That D'Youville College obtain any and all City of
Buffalo permits necessary for said installation,
including a street cut permit.
2. That the conduits be installed. and City right of way
restored, according to Department of Public Works. Parks
and Streets Standard Specifications.
3. That D'Youville College supply the Department of
Public Works, Parks and Streets with a set of "as built"
plans depicting the exact location of said conduits upon
completion of the project.
4. That D'Youville College provide the Department of Public
Works. Parks and Streets with a five thousand dollar
construction in street bond or Certificate of Insurance which
will indemnify and save harmless the City of Buffalo against
any and all loss and damage arising out of the construction.
maintenance, use and removal of said conduits.
5. That, as an owner of underground facilities, D'Youville
College become an active member of Dig Safely New York
as required by New York State Law, Code 753.
Mr. Coppola Moved:
That the above communication from the
Department of Public Works, Parks and Streets dated June
30, 2004, be received and filed; and
That the Commissioner of Public Works, Parks
and Streets be, and he hereby is authorized to issue a "mere
license" to D'Youville College, applicant, located on Porter
Avenue, to install conduits as part of the new construction
underway at D'Youville College and will enable the
connection of computers between buildings, which would
encroach city right -of -way at said address, subject to the
conditions as listed above.
Passed.
AYES -9. NOES -0.
NO. 22
CHANGE IN CONTRACT
CAZENOVIA POOL
REHABILITATION
JOB #0329
SOUTH DISTRICT
I hereby submit to Your Honorable Body the following
changes for Cazenovia Pool, Rehabilitation, The Peyton
Barlow Co., Inc., C #92010843.
1. ACM Testing not required. Deduct $ 360.00
The foregoing change results in a net decrease in the
contract of Three Hundred Sixty and 00/100 Dollars
($360.00).
Summary: Current Contract Amount
$ 78,659.00
Amount of This Change Order ( #4)
Deduct $ 360.00
Revised Contract Amount
$ 78,299.00
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 36400106
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.
Mr. Coppola Moved:
That the above communication from the
Commissioner of Public Works, Parks and Streets
dated June 22, 2004, be received and filed; and
That the Commissioner of Public Works, Parks
and Streets be, and he hereby is authorized to issue change
order No. 4, to The Peyton Barlow Co., Inc., a decrease in the
amount of $360.00, as more fully described in the above
communication, for work relating to Job No. 0329,
Cazenovia Pool, Rehabilitation, C #92010843. Funds for this
project are to be credited in 36400106 445100 - Division of
Buildings.
Passed
AYES -9. NOES -0.
NO. 23
CHANGE IN CONTRACT
NORTH JEFFERSON LIBRARY
CONSTRUCTION
JOB #0324
MASTEN DISTRICT
I hereby submit to Your Honorable Body the
following changes for the North Jefferson Library,
Construction, Patrick Development, C
#92010833.
1. Removal of unsuitable fill and replacement
with structural fill. Add $41,307.00
During excavation in the parking lot area, the remains of a
previously demolished building were found below existing
grades. The material, composed of wood, plaster, and other
residential building debris is unsuitable for use in the
parking lot area. The amount quoted is a not to exceed
amount based upon what can reasonably be expected to be
found at the site.
The foregoing change results in a net increase in the
contract of Forty One Thousand Three Hundred Seven and
00/100 Dollars ($41,307.00).
Summary: Current Contract Amount
$2,983,300.00
Amount of This Change Order ( #1) Add $
41, 307.00
Revised Contract Amount
$3,024,607.00
Costs have been reviewed by the Consulting Architect
(Robert Traynham Coles, P.C.) and the Department of
Public Works, Parks & Streets and were found to be fair
and equitable. Funds for this work are available in
37320306 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.
Mr. Coppola Moved:
That the above communication from the Commissioner of
Public Works, Parks and Streets dated July 1, 2004, be
received and filed; and
That the Commissioner of Public Works, Parks and
Streets be, and he hereby is authorized to issue change
order No. 1, to Patrick Development, an increase in the
amount of $41,307.00, as more fully described in the
above communication, for work relating to Job No. 0324,
North Jefferson Library, C #92010833. Funds for this
project are available in 37320306445100 - Division of
Buildings.
PASSED.
AYES -9. NOES -0.
NO. 24
INCREASE IN CONTRACTS
MARTIN LUTHER KING JR. PARK SPLASH PAD
CONTRACT NO. 92010798
MASTEN DISTRICT
We are requesting permission of your Honorable Body to
increase contract no. 92010798 with Tunny Electric in the
amount of $9,379.80.
OThe change order for Tunney Electric includes additional
electrical work; lines, circuit breakers, and lighting that were
added to the contract after the bid.
The prices for this work was found to be fair and reasonable
by our consultant, Wendel Duchscherer.
Funds for this work are available in Bond Account 31459606,
31459706, 34640606, 31459806.
Summary
Tunny Electric
Existing Contract Amount $23,400.00
Amount this change $ 9,379.80
New Contract Amount $32,779.80
That the above communication from
the Commissioner of Public Works, Parks and
Streets dated July 1, 2004, be received and
filed; and
That the Commissioner of Public Works,
Parks and Streets be, and he hereby is authorized to
issue a change order, to Tunney Electric, an increase in
the amount of $9,379.80, as more fully described in the
above communication, for work relating to Martin
Luther King Jr. Park Splash Pad, C #92010798. Funds
for this project are available in Bond Account
31459606, 31459706, 34640606 and 31459806.
Passed
Ayes- 9.Noes -0.
NO. 25
INCREASE IN CONTRACT
MARTIN LUTHER KING JR. PARK SPLASH PAD
CONTRACT NO. 92010802
MASTEN DISTRICT
We are requesting permission of
your Honorable Body to increase contract no.
920108002 with Visone Construction in the
amount of $28,810.51.
The change order for Visone Construction
covers the acceptance of two alternates for benches
on the project, adding color to the concrete surface, a
project sign, additional concrete and asphalt repairs,
and removal of obstructions and water lines that were
not indicated on the plans.
The prices for this work was found to be fair and reasonable
by our consultant, Wendel Duchscherer.
Funds for this work are available in
Bond Account 31459606,
31459706, 34640606, 31459806.
Summary
Visone Construction
Existing Contract Amount $684,000.00
Amount this change $ 28,810.51
New Contract Amount $712,810.51
Mr. Coppola moved:
That the above communication from the Commissioner of
Public Works, Parks and Streets dated July 1, 2004, be
received and filed; and
That the Commissioner of Public Works, Park and Streets
be, and he hereby is authorized to issue a change order, to
Visone Construction, an increase in the amount of
$28,810.51, as more fully described in the above
communication, for work relating to Martin Luther King Jr.
Splash Pad, C #92010802. Funds for this project are
available in Bond Account 31459606, 31459706, 34640606,
and 31459806.
PASSED.
AYES -9. NOES -0.
NO. 26
OVERLAY OF CITY PAVEMENTS -2004
GR. #607, AMHERST PAVING, INC.
CONTRACT #92010810
CHANGE ORDER
I hereby submit to our Honorable Body the following
unit price additions to the contract for the above
named Project. This change order was necessary to
mill Fougeron Street from Fillmore Avenue to
Genesee Street.
Quantities necessary for the completion of defective areas
was beyond the original scope of this contract and was
unforeseen.
Details in Clerk's Office
Contract Amount $1,303,365.50
This Change Order $15,750.00
Total Contract Amount $1,319,115.50
Fund for this change order are available in Division of
Engineering Bond Fund Account #30032106.
1 respectfully certify that this change order is fair and
equitable for the work involved, and respectfully request that
your Honorable Body approve the subject Change order and
authorize the Commissioner of Public Works to issue said
change order to Amherst Paving, Inc.
Mr. Coppola moved:
That the above communication from the Commissioner of
Public Works, Parks and Streets dated July 1, 2004, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets
be, and he hereby is authorized to issue a change order, to
Amherst Paving, Inc., an increase in the amount of
$15,750.00, as more fully described in the above
communication, for work relating to Overlay of City
Pavements -2004, C #92010810. Funds for this project are
available in Division of Engineering Bond Fund Account
#30032106.
PASSED.
AYES -9. NOES -0.
NO. 27
STREET NAME CHANGE - CAZENOVIA PARKWAY TO
WARRREN SPAHN WAY
ITEM NO. 112, C.C.P. 06/22/
The referenced item was referred to this office for comment.
Due to the fact that Cazenovia Parkway is totally confined
within Cazenovia Park, and that no private properties are
located adjacent to the roadway, this department would have
no objection to the proposed name change, if the Council
decides it proper to do so.
RECEIVED AND FILED.
NO. 28
CERTIFICATE OF APPOINTMENT
Appointment Effective July 1, 2004 in the Department of
Public Works, Parks and Streets, Division of Streets, to the
position of Streets Worker, Permanent, Non - Competitive, at
the Intermediate Starting Salary of $28,577.
Keith Plant
145 Royal Avenue
Buffalo, NY 14207
Jeffrey Bartels
117 North Ryan Street
Buffalo, NY 14210
Timothy Favero
131 Kelburn Street
Buffalo, NY 14206
Lonnie Pieczynski
320 Barnard Street
Buffalo, NY 14206
Alra Staples
57 Plymouth Avenue
Buffalo, NY 14213
Daniel Gant
51 Brunswick Boulevard
Buffalo, NY 14208
Mr. Coppola moved:
That the Common Council hereby approves the appointment
of Keith Plant, Jeffrey Bartels, Timothy Favero, Lonnie
Pieczynski, Alra Staples and Daniel Gant effective July 1,
2004.
PASSED
AYES -9. NOES -0.
FROM THE COMMISSIONER OF POLICE
NO. 29
DRUG ASSET
FORFEITURE CHECKS
RECEIVED
ITEM NO. 104, CCP 2/2/88
8155 - 00120478
C2 -02 -0151
$1,644.05
8155 - 00119912
C9 -03 -0085
$5,042.54
8155 - 00120155
C2 -03 -0073
$2,229.85
8155 - 00120314
C2 -02 -0151
$36,022.29
8155 - 00120174
C2 -04 -0012
$28,702.00
8155- 00120408
C2 -03 -0078
$ 5,781.25
C2 -04 -0028
$ 1,494.49
C2 -04 -0045
$ 2,404.69
C2 -04 -0046
$ 1,108.09
8155- 00120222
C2 -04 -0024
$ 1,136.89
C2 -04 -0025
$ 1,282.09
C2 -04 -0027
$ 640.69
8155- 00120166
C2 -97 -0110
$ 7,194.00
Total
$94,682.92
The above referenced property has been administratively
forfeited by the Drug Enforcement Administration (DEA).
The Checks were received by this Department and duly
deposited in the Trust and Agency Account,
#20010000 - 389001. These funds will be placed into one or
more of the following accounts as deemed by the
Commissioner of Police:
Educational Training /Seminar, Confidential Funds, Materials
and Supplies,
Firearms and Weapons, Communications and Computers,
Electricial Surveillance, Purchase of Services,
Improvements, Vehicles, Operating Equipment.
If you have any questions regarding the above mentioned,
please contact Chief Richard Ortiz at 851 -5181.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE COMMISSIONER OF FIRE
NO. 30
NAME CHANGE CAZENOVIA PARK
#112 -CCP JUNE 12, 2004
Be Advised that the Buffalo Fire Department has no
objection to the street name change - Cazenovia Pkwy to
Warren Spahn Way
RECEIVED AND FILED.
NO. 31
PERSONAL SERVICES CONTRACT
As per your request, the Department of Fire has one
personal services contract with John Sniderhan for
consulting I the MMRS program. The contract is funded
through the Metropolital Medical Response System grant
(acct #20400006 - 434000 - 10136). Contract terms are
$18,000 to be paid in monthly
installments of $1,800 each from
January 15, 2004 through
October 15, 2004. As of June 30, 2004, $10,800 has been
paid for services rendered.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE CORPORATION COUNSEL
NO. 32
REVIEW OF NOMINEE FOR APPOINTMENT — BUFFALO
ENVIRONMENTAL MANAGEMENT COMMISSION
ITEM NO. 2, C.C.P., 6/22/04
The Corporation Counsel conferred with the Division of
Collections and reports (as verified by that Division as
of July 1, 2004) that the following nominee to the
Buffalo Environmental Management Commission
owes outstanding debts to the City:
Kevin M. Matheis $164.06 for User Fee $423.86 for
Water
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 33
FROM THE DEPARTMENT OF LAW
REVIEW OF NOMINEE FOR APPOINTMENT —
EXAMINING BOARD OF ELECTRICIANS
ITEM NO. 2, C.C.P., 6/22/04
The Corporation Counsel conferred with the Division of
Collections and reports (as verified by that Division as of
July 1, 2004) that the following nominee to the
Examining Board of Electricians has no outstanding debts
to the City:
Michael J. McLaughlin
RECEIVED AND FILED
FROM THE COMMISSIONER OF ADMINISTRATION AND
FINANCE
NO. 34
CITY'S NOISE ORDINANCE
Your Honorable Body has asked the Bureau of
Administrative Adjudication and Randall Kay,
Administrative Law Judge, to provide information concerning
City Noise Ordinance violations. Randall Kay, in his capacity
as Administrative Law Judge for the Bureau of
Administrative Adjudication, is only compensated for presiding
over adjudication hearings and is not required to respond to
council communications. Accordingly, I am responding to
both inquiries on behalf of the Bureau of Administrative
Adjudication.
In response to your inquiry regarding unpaid fines and our
ability to enforce liens against properties or vehicle
registrations, please be advised that under New York State
General Municipal Law Article 14 -BB, unpaid noise
ordinance violations constitute a judgment against the
respondent. Said judgment may be entered in city court and
enforced in the same manner as the enforcement of money
judgments in civil actions. The judgments cannot be
enforced as liens against motor vehicle registrations, since
state law does not provide for such action. Additionally, the
judgments do not automatically become liens against real
property. In the case of noise violations, it is unusual for a
respondent to actually own the property at which the offense
took place. To enforce judgments against any real property
owned by the respondent, we must follow the filing
procedures for enforcement of money judgments in civil
actions, which require filings in city court and county clerk's
office. The cost of such filings is approximately $61.00 per
judgment, which is cost - prohibitive considering that the
collection process is labor intensive and cannot guarantee
results.
In response to your inquiry to Randall Kay regarding the
process used at noise violation hearings to determine if an
individual is guilty or not guilty,
the Common Council administrative law judge relies
on page 2 the officer's factual statement,
July 1, 2004 which is prima facie evidence
at the hearing. Although it is not
necessary to calibrate the noise
level in accordance with the noise violation ordinance, the
officer does have to provide some quantitative measure
used in determining that the noise level was excessive, i.e.
music could be heard more than 100 feet away.
Additionally, the administrative law judge makes a
determination of guilt based on the credibility of the
respondent's testimony at the hearing. Based on the annual
report you referred to, only 14 percent of noise violation
summonses went to hearing, with 60 percent of those
summonses found guilty. The majority of noise violation
summonses are paid without a hearing.
REFERRED TO THE COMMITTEE ON
LEGISLATION
FROM THE COMMISSIONER OF COMMUNITY SERVICES
NO. 35
CERTIFICATE OF APPOINTMENT
Appointment Effective: July 6, 2004 in the Department of Division of
Community Services to the Position of Drug Abuse Nurse R.N. ,
TEMPORARY APPOINTMENT
At the FIFTH STEP Starting Salary of. $32,795.00
Nicole Blair, 113 Lafayette Ave Apt 65, Buffalo, NY 14213
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE DEPARTMENT OF HUMAN RESOURCES
NO. 36
APPROVAL OF PROFESSIONAL SERVICES CONTRACT
[: RISK MANAGEMENT CONSULTING SERVICES
R F P completed for risk Management Consulting Services. Low bidder
was Cox & Aldrich, Inc. (see attached tabulation of bids). Request
approval for attached Agreement capped at $48,000 for FY 2004/05.
Funding approved in adopted budget under 25- 1053- 12553006-
432004 ($115,000 for technical services to include Health Insurance
Consultant and EAP Program.) Consultant initially will conduct a full
risk management audit to determine scope of issues and develop
master risk. Management plan.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE BUFFALO MUNICIPAL HOUSING
AUTHORITY
NO. 37
REQUEST OF BMHA TO DISCUSS ELIMINATION COB
CONTRACTUAL OBLIGATION TO SUBSIDIZE
OPERATIONS — FREDERICK DOUGLASS TOWERS
RES #100, C.C.P. JUNE 22, 2004
Dear Council Members:
BMHA has received and reviewed your letter of June 23,
2004 concerning the above - referenced matter. As we have
previously advised you, the Frederick Douglass Towers
housing units are now under the control of private
partnerships with private investors. Accordingly, BMHA has
no authority to waive or alter subsidy requirements
unilaterally.
While the recitals in the resolution of the Common Council are
generally correct, the $8 million fund reserve referred to in
such resolution is in fact a federal reserve that is unavailable
to fund Frederick Douglass. BMHA has no other sources to
fund the operating subsidy that now comes from the City of
Buffalo.
To assist the City with possibly reducing or eliminating its
funding obligation for Frederick Douglass, BMHA has
engaged a consultant to assist us in preparing a mixed-
finance application to possibly reacquire the Frederick
Douglass housing development in the hopes of including
them in BMHA's federal housing portfolio. If that acquisition
could be accomplished, then it might be possible to reduce or
eliminate some or all of the City's ongoing subsidy obligation
to the Frederick Douglass housing development.
"BMHA is an Equal Opportunity /Affirmative Action
Employer"
Please contact me if you require anything further on this
matter. Otherwise, BMHA will provide the Council with
periodic updates concerning the possible acquisition of the
Frederick Douglass housing development to our federal
portfolio.
REFERRED TO THE COMMITTEE ON BUDGET
FROM THE CITY CLERK
NO. 38
REPORT OF LEGAL BEAGLE DOG LICENSING DRIVE
District # of Licenses
Delaware 37
Ellicott 7
Fillmore 19
Lovejoy 3
Masten 5
Niagara 5
North 9
Sash 39
University 4
View in Clerk's office
REFERRED TO THE COMMITTEE ON BUDGET
NO. 39
RE: JOHN VERBOCY
Before I re -hired John Verbocy I requested a 3 -three month
residency waiver from Mr. Matarese, Commissioner Human
Resources which was granted. Therefore I re -hired Mr.
Verbocy on part -time bases exclusively for this project as he
had 18 years of experience, knows how to handle situations
on the streets and is very trustworthy. However, the
Common Council chose not to confirm his appointment and I
had to release Mr. Verbocy of his duties.
Nevertheless, there is the matter of Mr. Verbocy's
outstanding 2 -two weeks pay prior to the council's refusal to
re -hire him. He worked diligently and attended evening
meetings to assist with the Legal Beagle Drive. The practice
of starting individuals to work prior to it going before the
Council is not unusual as this practice is done all the time
with interns and summer workers. The City owes Mr.
Verbocy the money he earned and I respectfully request that
he be paid accordingly. I have attached a copy of these
hours of which he is owed.
1 am submitting a claim on behalf of Mr. Verbocy so
that he can receive the money justifiable due him.
REFERRED TO THE COMMITTEE ON CLAIMS
N O . 4 0
C E R T I F I C A T E O F
A P P O I N T M E N T
Appointment Effective: in the Department of Common
Council, Division of City clerk to the Position of Data Control
Clerk, Permanent Appointment at the Maximum Starting
Salary of $31,153
Wendy Nobile, 62 Clayton, Buffalo, NY 14207
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 41
C E R T I F I C A T E O F
A P P O I N T M E N T
Appointment Effective: in the Department of City clerk to the
Position of Data Control Clerk, Permanent Appointment at
the Maximum Starting Salary of $27,939.68
Julia Paul, 139 Villa Ave, Buffalo, NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 42
LIQUOR LICENSE APPLICATIONS
Address Business Name Owners Name
220 Delaware Papaya Sweet Papaya Inc
RECEIVED AND FILED
NO. 43
LEAVES OF ABSENCE WITHOUT PAY
I transmit herewith notifications received by me, reporting the
granting of the leaves of absence without pay, in the various
departments as listed:
X Police- Debra Drzazga
X Fire - Michael Cassidy
XCommunity Services- Arleen F i I i p s I i
RECEIVED AND FILED.
NO. 44
REPORTS OF ATTENDANCE
I transmit herewith communications received by me, from the
various boards, commissions, agencies and authorities
reporting the membership attendance at their respective
meetings:
Buffalo Sewer Authority
RECEIVED AND FILED.
NO. 45
NOTICES OF APPOINTMENTS - SEASONAL /FLAT
I transmit herewith certificates received by me,
reporting seasonal and flat salary appointments made in
various departments.
RECEIVED AND FILED.
DEPARTMENT OF PUBLIC WORKS
Certificate of Appointment
Appointment Effective June 17, 2004 in Department of
Public Works, Division of Recreation to the Position of
Laborerll Seasonal at the minimum starting salary of
$8.15/hr
Victor DeGeorge, 30 Taunton PI, Buffalo, NY 14216
Appointment Effective June 17, 2004 in Department of
Public Works, Division of Water to the Position of Water
Service Worker Seasonal at the minimum starting salary of
$8.15/hr
Philip Frederick Jr, 80 Avery Ave, Buffalo, NY 14207
Peter Militello, 913 7 th st, Buffalo, Ny 14213
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
NO. 46
CIMINELLI BOARD PACKET DOCUMENTS - 05/2004
ATTACHED ARE THE FOLLOWING DOCUMENTS FROM
THE JUNE 17, 2004 JOINT SCHOOLS CONSTRUCTION
BOARD MEETING.
Team Progress Report — May 2004
RECEIVED AND FILED
NO. 47
CIMINELLI BOARD PACKET DOCUMENTS -JUNE 17,
2004
Attached are the following documents for the June 17, 2004
Joint Schools Construction Board Meeting.
Draft Agenda
Meeting Minutes from JSCB Meeting dated May 3, 2004
Application and Certificate for Payment No. 22 — May 2004
Phase II Application and Certificate for Payment No. 1 —
May 2004
Resolution Regarding Inclusion Committee
Office of the State Comptroller Progress Report
Bevlar & Associates Inc. Construction Contract Monitoring
and Compliance Services Monthly Report for Addendum 1
Project — April 2004
RECEIVED AND FILED
NO. 48
ADELPHIA- REPORT COB YEAR ENDING 2003
Enclosed is the Annual Report for the City of Buffalo for the
year ending 2003.
If you should have any questions or need additional
information, please let me know.
REFERRED TO THE COMMITTEE ON
LEGISLATION
NO. 49
REQ PW COMM. PROVIDE INFOPROP MERGER OF
WATER SYSTEMS
Dear Mr. Michaux:
Can you please file this item for the next Council meeting to be
held on Tuesday, July 6, 2004, to be sent the Finance
Committee.
MARC A. COPPOLA
Dear Commissioner Giambra:
It is my understanding that discussions between the Erie County Water
Authority and the City of Buffalo regarding the proposed merger of the
two water systems have been progressing over the past couple of
months. Since the Common Council, by charter, will have to approve
any such merger and/or referendum proposing such merger, it is vitally
important that the Common Council be kept up to date regarding this
matter.
Therefore, I am requesting you file with the Common Council for
discussion at our next Finance Committee meeting, to be held on
Tuesday, July 13, 2004, at 10:00 AM, any and all current information
you have regarding this matter, including but not limited to consultant's
reports and recommendations.
Thank you in advance for your help in this matter, and please feel free
to contact my office if you have any questions or concerns.
Sincerely,
Marc A. Coppola Councilmember
REFERRED TO THE COMMITTEE ON FINANCE
NO. 50
A. SANFILIPO- CONCERNS CITY'S LONG TERM DEBT
POSITION UNDER BSA PLAN
It is my duty as comptroller to advise you that while I will certainly
agree to be a partner in BFSA's proposed cash flow borrowing,
must raise the issue of the implications to the city's long -term debt
position under the BFSA plan.
Let me first acknowledge that we've employed conduit financing
structures similar to BFSA's proposal in the past. However,
perhaps the most economical approach and structure would be the
city's selling of its RANS to the BFSA instead of the open market,
similar to the past practice of using the Municipal Bond Bank
Agency and the Environmental Facilities Corporation on certain
debt issues. However under BFSA's current proposal, which
appears to be less costly than the city's traditional RANS structure
because it would not require a letter of credit, there is a significant
weakening of the city's long -term credit position that must be
noted.
Accord'ng to Standard & Poor's, because BFSA BANS will be
issued relying on long -term debt capability and city resources, they
will not be deducted from the city's long -term debt statement. Based
on the most recent OS material, the city's ratio of debt to estimated
full value of taxable property would go from 8.73% to over 11 % if
the $125 million borrowing were added to the city's net tax -
supported debt statement. That is a significant increase since 10%
is considered particularly dangerous for problem credits.
Considering the fact that the city's general obligation rating is at
BBB- from S & P, which is the lowest investment grade rating, an
increase in the city's net tax - supported debt load of over 25% can
only spell bad news for Buffalo's credit position.
This increase would not only have a rating agency effect, but it
also has adverse consequences for the city's continuing access
to the credit markets. With the declining taxable valuation that
exists in Buf alo, any increase in indebtedness adversely
impacts the city's debt load.
While I understand BFSA has routinely used the Nassau County
(NIFA) financing models for its financing structures in Buffalo,
Buffalo is not Nassau County. Including BFSA BANS in the
amount of $125 million on the city's net tax - supported debt load
will have a much more severe consequence for Buffalo than any
similar treatment for Nassau County, one of the wealthiest
counties in the state with an increasing tax base. I have
personally confirmed the approach S & P would take with
respect to this matter through telephone conversations with the
city's primary analyst at the rating agency.
Obviously it is important to proceed as quickly as possible for this
cash borrowing for the city and the school district, but I would
caution that the impact on the BFSA proposal on the city's long-
term debt position is a very significant issue. It certainly has
impact on the city's future access to the credit markets, and I
intend to advise the Common Council of my concerns.
REFERRED TO WE COMMITTEE ON BUDGET
NO. 51
B. DAVIS -A. SANFILIPO REMAINING DEBT MAIN PLACE
MALL
Please file the attached correspondence regarding the Main
Place Ramp for the upcoming Council Session to be held on
Tuesday, July 6, 2004 for further discussion.
Patrick Hotung General Manager
Main Place Liberty Group 2100 Liberty Bldg. Buffalo, NY
14202 -3699
Dear Mr. Hotung„
In response to your letter of June 10, 1 am able to confirm to
you that the remaining debt on the Main Place ramp is
$1,423,350.16, which includes $262,350.16 in interest. The
payment schedule referred to in your letter is also correct.
I hope this information is helpful and if you have any further
questions, please don't hesitate to contact me.
REFERRED TO THE COMMITTEE ON FINANCE, THE
PARKING BOARD AND THE MAYOR
NO. 52
B. DAVIS PERSONAL SERVICE CONTRACT
Dear Mr. Michaux III,
Please file the attached correspondence regarding the
Personal Service Contracts for the upcoming Council Session
to be held on Tuesday, July 6, 2004 for further discussion.
Thank you in advance for you assistance in this matter.
Sincerely,
Date: June 30, 2004
Subject: Your memo dated 6/21/04 for Personal Service
Contracts Dear Mr. Chairman,
Department of Management Information Systems has
following personal service contracts in effect during the fiscal
year 2003 -2004.
Vendor Name - Gerald Hughes
Nature of Work - Mr. Hughes provides very valuable network
and software support to the city. Please see the attached
contract for detail on type of service.
Total Amount paid for the fiscal year - $32,400 (Also the
anticipated and budgeted cost) Beginning & Ending Dates -
Contract with Mr. Hughes started in 2001 and will be on going
Vendor Name - Keith Free Ellis - DBA – Tech Visioneer
Nature of Work - Mr. Ellis is an expert in ASP.NET
programming. He is an independent contractor who worked
with the city before as a sub - contractor for AIX Inc. to write
security and logging object for City's web site. City was
paying $75 per hour for his services as a sub - contractor.
Last year we hired him to write project specs to convert our
time keeper system from VB3 to ASP.net as an independent
contractor at $54 per hour.
Anticipated Cost of the Work - $11,016
Total Amount Paid - $5,508
Beginning and End Dates - Contract Started - 10/21/03
Contract Terminated - 6/29/04
The copies of the contracts are attached herewith. Please
feel free to contact me at 851 -4836 if any further details are
needed.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 53
J. MAXFIELD -INFO DELTA SONIC
To the Editor
The June 2d Zoning Board of Appeals hearing (1802 City
Hall) was attended by first, about a dozen neighborhood
residents and preservationists who oppose Delta Sonic's
plan to cover more than a block of Main Street, contiguous
to Linwood Preservation District and second, about as
many proponents — including many uniformed Delta Sonic
employees including self- described single mothers who
touted Delta Sonic's virtues as an employer and others
claiming E' -S gives thousand of dollars to community
charities (both factors completely irrelevant to the proposed
project).
The Transit Overlay Regulations that accompanied
construction of the Main Street subway c. 1980 include
seven points that govern commercial activities and attempt
to encourage appropriate combined commercial and
residential land use in the subway corridor, including
limitation of automotive service such as gasoline pumps
(currently 13)- -which encourage use of cars and increase
A -S's profits; devil
take the cheaper and more energy- efficient subway,
and tranquility of the highly -taxed neighborhood!
A -S's attorneys requested variances on all seven points.
The ZBA unanimously granted them all, erroneously
throwing the federally- imposed Transit Overlay in the trash
can (but keeping the multi - million dollar subway). The
objections of the neighbors to noise, light, dirt, and traffic
pollution, backed by many petitions, letters, calls, and
meetings over the last few years, were ignored in favor of
the multi - billion dollar Benderson behemoth. ZBA and its
owner, the Masiello administration (which had overruled
planners' recommendations that the Mid -City Office
building be spared demolition) irresponsibly ruled the day.
Perhaps the voters will rememberthis planning debacle
and insult to the community at mayoral election time...
Sincerely,
RECEIVED AND FILED
NO. 54
P. HOTUNG -MAIN PLACE LIBERTY GARAGE
PURCHASE COB MAIN PLACE PARKING RAMP
As a follow up to our previous correspondence and
discussions with members of your administration, I am writing
to request an appointment at your earliest convenience to
discuss the Main Place Liberty Group's (MPLG) offer to
purchase the City of Buffalo's remaining fifteen year interest
in the Main Place parking ramp for the same amount of
money that the City would reasonably earn over the same
period if it continued to own and operate the ramp itself.
Specifically, MPLG is offering to pay off the $1.4 million debt
and pay to the City over 15 years the same $6.9 million the
City would net from the ramp. In addition, MPLG would make
all of the necessary capital repairs over the next 15 years
which we estimate to be at least $2.2 million. Therefore,
MPLG is effectively offering $10.5 million to purchase
Buffalo's remaining interest in the Main Place parking ramp.
It is important to note that because the ramp does not
currently generate any sales or property taxes, this sale
would allow the City to minimally capture an additional
revenue stream of approximately $5 million in tax receipts
over the same 15 -year period. In addition, the added value
of the ramp to the assessed value of Main Place Tower and
Liberty Building would add another $4.5 million in projected
tax receipts to the City over the same period. Therefore, the
minimum additional net cash flow to the City from the sale of
its interest in the ramp would be $9.5 million, in addition to
the sale price and capital improvements of $10.5 million.
In addition, I would like to point out that the City faces the
urgency of making $1.2 million in necessary repairs to the
ramp right now, as well as a minimum of another $1 million
for concrete restoration work in the Main Place Parking
Ramp over the next 15 years. Because we view the parking
ramp as our front door, it is in our best interest to ensure that
the parking facility is maintained to the highest standards for
appearance, cleanliness, security and lighting.
For those who may have legitimate concerns about potential
displaced parkers from the Main Place ramp, they need only
look to the Adam ramp which is located approximately two
blocks away on the other side of Main Street. As you know,
the Adam ramp has recently been expanded and
approximately 350 empty parking spaces have been available
for the past five months. In addition, the recently expanded
Augspurger ramp has provided an additional 850 parking
spaces and at least 400 of these new spaces remain empty.
In closing, I would like to emphasize that our proposal is not a
"one shot revenue stream" to the City of Buffalo because in
addition to the $10.5 million in the sale price and
maintenance, we are offering to provide an additional $9.5
million in tax revenues to the City over a 15 -year period. This
is $9.5 million more than the City would make if it continued
to operate the ramp under its current arrangement.
I look forward to meeting with you as soon as possible to
discuss this offer with you in greater detail. Thank you in
advance for your prompt reply to this request.
REFERRED TO THE COMMITTEE ON FINANCE ,
THE PARKING BOARD AND THE MAYOR
NO. 66
BFSA -INFO CASH FLOW BORROWING
Dear Comptroller SanFilippo:
Thank you for your recent letter and your expressed
willingness to partner with BFSA in the City's cash
flow borrowing. The savings which our cooperative
approach can bring the City is expected to be nearly
$1 million — a goal well worth working toward.
Thank you also for bringing S & P's concern
regarding the long -term indebtedness of the City to
our attention. We have reviewed it with our bond
counsel, financial advisor and senior banker, and based
on that review raised the concern with both Moody's
and Fitch to confirm our understanding. There may
be some confusion due to the fact that in so many
instances the BFSA Act follows the "NIFA" model —
that of the control board created for Nassau County. In
the Nassau/NIFA Act, however, NIFA debt counts
against the County's constitutional debt capacity,
whereas in the Buffalo /BFSA Act it does not.
Therefore, according to our bond counsel, Mintz
Levin, the BFSA BANS should not add to the City's
legal long -term debt limit, either for constitutional
debt capacity or in relation to the City's debt
statement under the Local Finance Law.
It is interesting to note that even in the Nassau/NIFA
model for cash flow borrowing (which we are
considering here), the NIFA BANS did not count
toward the County's long -term debt capacity, despite
the requirement that long -term debt be counted. The
reason for that is that the BANS are fully anticipated
to be paid down in the first instance from payments
under the County's BANS. That relationship is
expected to hold between the City's RANs and the
BFSA BANS as well. Therefore, the likelihood that
BFSA would issue long -term debt as a result of the
City's non - payment of the RANS should be
considered highly remote. Even in the case of non-
payment of the RANS due to a delay in receipt of
State aid, BFSA would have alternatives to issuing
long -term debt, such as rolling the
BANS for a period of time to allow for the receipt of the late State aid.
Rolling the BANS would similarly not count to the City's constitutional
long -term debt capacity.
We're pleased to report that both Moody's and Fitch confirmed that
under our proposed structure the issuance of BFSA BANs would be of
no consequence in their measure of the City's outstanding long -term
indebtedness and, in the case of Moodys', their rating of the City's
debt. If, however, BFSA were to issue long -term bonds sometime in
the future (a highly remote option) to take out all or a portion of the
maturing BANs then, and only then, would Moody's and Fitch take
such issuance into account when measuring the City's outstanding
long -term indebtedness. Therefore, we see S & P's concern, though
apparently serious, one that should be fully allayed when we have the
chance to describe our structure to them, an opportunity that we have
not been given to date.
Again, we look forward to working with you in structuring this
transaction. We believe that our cooperative efforts will bring
substantial and recurring savings to the City as we work together going
forward, and that the Citys debt rating will show similar improvement
over time that Nassau County's has over the period of cooperation with
NIFA. Moving forward in this cost- effective transaction will, I'm sure, be
seen as a step in the right direction for the City.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 66
K KELLY - SUPPORT CREATIVE OF LINEAR PARK
SYSTEM
HEREBY CERTIFY, That at the 15' Session of the
Legislature of Erie County, he in the County Hall, in the City
of Buffalo, on the Twenty - Fourth day of June A.D., 2004, a
Resolution was adopted, of which the following is a true
copy:
A RESOLUTION SUBMITTED BY LEGISLATORS
SCHROEDER, KUWIK, SMITH, SWANICK, MARSHALL,
HOLT,
RANZENHOFER, DEBENEDETTI, DUSZA,
WROBLEWSKI,
MARINELLI, CHASE, MCCARVILLE, CUSAK, AND
WEINSTEIN
WHEREAS, in February 2003, at the request of
the Erie County Executive, the Erie County Legislature
approved appropriating up to $15,000 to pay for the travel
and other expenses of a student research team from
Harvard University's John F. Kennedy School of Government
to, among other things, study the potential of creating a
regional parks system connecting waterfront parks in Erie,
Niagara, and Chautauqua Counties that mirrored the
Niagara Parks Commission in Ontario, and
WHEREAS, that Harvard student team was
apparently going to examine the "legal, financial and
community impact" of linking parks along Lake Erie, the
Niagara River and Lake Ontario, with the potentials ranging
from "connecting waterfront parks through a system of trails
to creating a new, overarching parks authority," and
WHEREAS, according to an Administration official,
the Harvard team was to report their findings to the County
by June 2003, and
WHEREAS, to -date, no such report has ever been
reported, discussed, nor communicated to the Erie County
Legislature, and
WHEREAS, in early 2003, Assemblyman Sam
Hoyt introduced Assembly Bill 7418, the Niagara River Park
Act, which "would benefit all residents of the state... the
process will enhance the ability of New Yorkers to enjoy the
Niagara River; protect the river, including its role as an
aquatic habitat; promote the health, safety, and welfare of
the people of the state; increase the quality of life in the
adjoining community and the state as a whole; help alleviate
the unhealthy and dangerous conditions that characterize the
parts of the area; and boost tourism and stimulate the
economy," and
WHEREAS, in Summer 2003, the Buffalo Olmsted
Parks Conservancy began studying and working on a
proposal for a 40 -mile "linear park" starting at Fort Niagara
and running along the Niagara River to Buffalo's South Park,
including Gallagher Beach State Park, Tifft Nature Preserve,
Times Beach Nature Preserve, LaSalle Park, Front Park,
Riverside Park, Cherry Farm site, Beaver Island State Park,
Buckhorn Island State Park, Isle View Park, Niawanda Park,
the Niagara Falls State Reservation, Whirlpool State Park,
Devil's Hole State Park, Artpark, Joseph Davis State
Park, and Fort Niagara State Park
STATE OF NEW YORK
LEGISLATURE OF ERIE COUNTY
CLERK'S OFFICE
BUFFALO, N.Y., JUNE 24, 2004 TO WHOM IT MAY
CONCERN:
HEREBY CERTIFY, That at the 15 Session of
the Legislature of Erie County, held in the County Hall, in the
City of Buffalo, on the Twenty - Fourth day of June A.D., 2004
a Resolution was adopted, of which the following is a true
copy:
WHEREAS, the Conservancy stated that they
would apply to the National Park Service for a grant to study
and plan the possibilities for such a linear park — a park that
the Conservancy suggested could cost between $50 and
$100 million, and
WHEREAS, in September 2003, Legislator Lynn
Marinelli and former Legislator Judith Fisher sponsored Intro.
15 -26, a resolution supporting the Olmsted Parks
Conservancy's proposal, and
WHEREAS, in 2003, the Greater Buffalo Niagara
Regional Transportation Council suggested using a planned
bike route connecting seven state parks and 20 municipal
parks along the Niagara River as the basis for a linear park, -
and
WHEREAS, members of the WNY Relicensing
Consensus Committee have called on the New York Power
Authority (NYPA) to financially support the creation of a
linear park system as a part of the relicensing of the Niagara
Power Project, and to that end, to engage a neutral facilitator
to identify and coordinate the interest and needs of all
affected municipalities, community organizations and
stakeholders, and
WHEREAS, in his January 2004 Executive
Budget, Governor George Pataki called for the creation of a
Niagara River Greenway, "to be modeled after the
successful Hudson River Valley Greenway, which will lend
communities in Western New York guidance and expertise in
shaping the future of the Niagara River and its surrounding
communities," and
WHEREAS, on May 17, 2004, Governor Pataki
introduced legislation to create the Niagara River Greenway
Commission, a fourteen- member body to "aid in the planning
and development of a Lake Ontario to Lake Erie greenway of
interconnected parks, river access points and waterfront
trails along the Niagara River," and
WHEREAS, Pataki stated "the Niagara River
Greenway Commission will provide a solid framework in
helping local communities develop a linear park system
along the Niagara River... the Commission will allow dozens
of communities — both on the River and nearby — to boost
local tourism, enhance recreation and create new jobs and
economic opportunities for the people of Western New
York,'
NOW, THEREFORE, BE IT
RESOLVED, that the Erie County Legislature
expresses its support for the creation of a linear park system
stretching from Fort Niagara at the mouth of the Niagara River
and Lake Ontario to Lake Erie State Park in Chautauqua
County, and be it further
STATE OF NEW YORK
LEGISLATURE OF ERIE COUNTY
CLERK'S OFFICE
BUFFALO, N.Y., JUNE 24, 2004 TO WHOM IT MAY
CONCERN:
HEREBY CERTIFY, That at the 15 h Session of the
Legislature of Erie County, held in the County Hall, in the City
of Buffalo, on the Twenty - Fourth day of June A.D., 2004, a
Resolution was adopted, of which the following is a true
copy:
RESOLVED, that this Honorable Body encourages
Governor George Pataki and the State Assembly and State
Senate to increase the scope of the linear parks concept, to
immediately engage a facilitator to represent the interests of
the parks system concept before the NYPA Relicensing
Committee beginning in August 2004, and to work
cooperatively to enact legislation to create a Niagara Frontier
Greenway Commission, including additional representatives
and including a greater scope of the linear park system
extending along Lake Erie including southern Erie County
and into northern Chautauqua County, and including state
government and Power Authority funds for the creation of a
regional parks system, and be it- further
RESOLVED, that certified copies of this resolution
be transmitted to Governor George the local
delegation of the New York State Legislature, Bernadette
Castro of the New York State Office of Parks, Recreation and
Historic Preservation, Louis Ciminelli, Chairman of the New
York State Power Authority, the Erie County Executive, Erie
County Commissioner of Parks, Recreation and Forestry,
Erie County Commissioner of Environment and Planning, the
Niagara County Legislature, Chautauqua County Executive
Mark Thomas, the Chautauqua County Legislature, Buffalo
Mayor Anthony Masiello, the - Buffalo Common Council, - Town
of Tonawanda Supervisor Ronald Moline, the Tonawanda
Town Board, Grand Island Supervisor Peter McMahon, the
Grand Island Town Board, Niagara Falls Mayor Vincent
Anello, the Niagara Falls City Council, Tonawanda Mayor
Jack Gallagher, the Tonawanda City Council, Deborah
Trimble of the Buffalo
Olmsted Parks Conservancy, David Colligan of
Watson, Bennett, Colligan, Johnson & Schechter,
Hal Morse of the Greater Buffalo Niagara Regional
Transportation Council, and the Friends of the Buffalo Niagara
Rivers.
RECEIVED AND FILED
NO. 57
F. LUHR ERIE CANAL HARBOR PROJECT
Dear Mr. Michaux:
Enclosed is a copy of the Supplemental Draft
Environmental Impact Statement (SDEIS) for the Erie
Canal Harbor project in Buffalo, New York. Please
file this document. Thank you.
Sincerely,
June 17, 2004
NOTICE OF COMPLETION
SUPPLEMENTAL DRAFT ENVIRONMENTAL IMPACT
STATEMENT
ERIE CANAL HARBOR PROJECT
Pursuant to the State Environmental Quality Review Act
(Article 8 of the New York State Environmental Conservation
Law) and the regulations adopted pursuant thereto (6
NYCRR Part 617), a Supplemental Draft Environmental
Impact Statement ( "SDEIS') has been prepared covering the
actions described below, and copies thereof are available
upon request to the offices of the lead agency as set forth
below.
Project Location: The Project
Site is 12.5 acres bordered by the Buffalo River, Main Street,
Scott Street, and Marine Drive. The site is currently owned by
the City of Buffalo and the New York State Department of
Transportation. Current uses include a Naval and Military
Museum, a 350 space parking lot, and the recently
completed Veterans Park.
SEQRA Classification: Type I
Lead Agency: New York
State Urban Development Corporation, d /b /a Empire State
Development Corporation 633 Third Avenue
New York, N.Y. 10017
Lead Agency Contact: Rachel Shatz
Director, Planning and Environmental Review
Copies of this DEIS are available for review at the Western
NY Region offices of Empire State Development
Corporation, 420 Main Street, Suite 717, Liberty Building,
Buffalo, NY 14202. Please contact ESDC at 716 - 856 -8111 to
schedule an appointment to review the SDEIS. Copies of this
SDEIS are also available for review at the Buffalo and Erie
County Public Library, Central Branch, Lafayette Square,
Buffalo, NY 14203. The Executive Summary of the SDEIS
which describes the project and its potential impacts is
incorporated hereto and made a part hereof.
A public hearing will be held on the SDEIS pursuant to
SEQRA and other relevant statutes, on Tuesday, July 13 h ,
2004 at 6pm at the Erie Community College Auditorium
(Downtown location), 121 Ellicott Street (corner Swan),
Buffalo, New York 14203.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT, AND THE DIRECTOR OF STRATEGIC
PLANNING
NO. 58-
L. MATERESE- HEALTH INS COVERAGE
The purpose of this memo is to recognize your
outstanding performance over the past month as we
transitioned to the single health insurance provider
for the City of Buffalo.
In my many years of municipal management, I have rarely
witnessed an individual work so diligently, thru such a difficult
task, and achieve such an outstanding success. Because of
your personal dedication, effort and stamina, the City was
able to transition virtually every one of its over 6,000 active
and retired employees to a single health insurer in less than
three weeks. In fact, as of today there are less than 200
applications to be completed to achieve a 100% transition.
Doing this required many, uncompensated hours on your
part. Not only did your workday begin very early in the
morning and end late in the afternoon, (oftentimes meeting
with various unions before the workday began), you also
spent evenings and weekends for the past month dedicated
to this effort. Additionally you spent many, many hours,
tirelessly explaining to hundreds of individuals, what their
benefits would be and how to sign up for the new carrier. At
times this meant taking verbal abuse by some thoughtless
and rude employees and retirees. Nonetheless, because of
your personal touch you were typically able to calmly explain
what the benefits were and in virtually every instance the
former disgruntled individual left satisfied and understanding
how their benefits were in fact preserved or enhanced.
Frankly, this transition, which will save the City over $7.5
million this year alone, would not have been accomplished as
smoothly as it has without your leadership and dedication. I
am proud to have you as part of the management team of
this Department and thank you for your outstanding work.
RECEIVED AND FILED
NO. 59
A. THOMPSON
RE: ERIE COUNTY MANAGEMENT TAKEOVER OF
BUFFALO PARKS AND RECREATION
Dear Mr. Michaux:
Pleaser file the enclosed item with the Common Council for
review and /or deliberation at the next meeting scheduled on
July 6, 2004.
I thank you for your assistance in this matter. Should
you have any questions, please contact my office at
851 -5145.
I am a concerned citizen of Buffalo and Erie County
with serious reservations about the proposed
anagement takeover of Buffalo's parks and recreation
by Erie County. Attachment 2 includes comments
which were submitted for the record at the June 7,
2004 Erie County Legislature Public Hearing
regarding the parks and recreation takeover. Facts
and information are embedded in the comments and
will hopefully stimulate discussion.
It seems to me that the parks and recreation
management takeover is being driven by the Buffalo
Fiscal Stability Authority, i.e. control board, and the
County Executive. They have promoted the myth that
this is the way to resolve Buffalo's immediate fiscal
crisis, which was precipitated when the Governor
withdrew state assistance. There are alternatives; for
examples, see Attachment 1.
If possible, please share my remarks. I realize that
everyone will not share my point of view, but thank
you for listening.
Lynda Stephens Buffalo, New York
RECEIVED AND FILED
NO. 60
A. THOMPSON-
LIVING WAGE COMMISSION
Dear Mr. Michaux:
Pleaser file the enclosed item with the Common Council for
review and /or deliberation at the next meeting
scheduled on July 6, 2004.
1 thank you for your assistance in this matter.
Should you have any questions, please contact my office at
851 -5145.
MEMORANDUM
TO: BUFFALO COMMON COUNCIL
FROM: LIVING WAGE COMMISSION
DATE: 6116/04
RE: POSSIBLE AMENDMENTS TO THE LIVING WAGE
LAW
We understand that Buffalo Civic Auto Ramps (BCAR), a for -
profit business corporation, is currently seeking a change in
their tax status. They are pursuing 501(c)(4) non - profit tax
status.
Currently, the living wage ordinance only allows
501(c)(3) non-
lie
profits to be
considered for exemption from the law.
In conversations with BCAR, they indicated that they
wanted an amendment to the living wage law that
included possible exemptions for 501(c)(4) non-
profits.
Under the Powers of the Ordinance, the living wage
commission has the power to "make legislative
recommendations regarding needed changes in the
ordinance." After a careful reading of the Buffalo
legislation, research and conversation with other
cities having similar legislation, and much
deliberation, we have determined that a change in the
law to include 501(c)(4) non - profits would
undermine the original intent of the law.
We have determined this because it is clear that
501(c)(3)s are charitable organizations and that their
eligibility for exemption was in large part intended to
protect organizations who rely heavily on charitable
contributions to meet their budget and would not be
able to afford living wage rates. 501(c)(4)s, however,
are not charitable organizations, do not accept
donations and therefore do not meet the original intent
of the law.
Therefore, we recommend that no change in the legislation
be made at this time.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CORPORATION COUNSEL AND THE PARKING BOARD
A. THOMPSON -TIRES REMOVAL 537 E. DELAVAN AVE
Please file the enclosed item with the Common Council for
review and consideration at the next Common Council
meeting scheduled Tuesday July 6, 2004.
if you have any further questions or concerns please feel
free to contact me at 851 -5145.
Dear Mr. Mc Gum:
I am writing to respectfully request that the property at 537
East Delavan Avenue be inspected and investigated. There
are many tires at this location and barrels of unidentified
substances that are potential health hazards. I would like to
request that the tires are removed; they are becoming an
eyesore to the surrounding community.
I would like to resolve this matter before it has the
opportunity to worsen. I would like to thank you in advance
for your anticipated assistance with keeping our community
clean. Please feel free to contact me directly at (716) 851-
5145.
REFERRED TO THE COMMITTEE PON
LEGISLATION AND THE COMMISSIONER OF
PERMITS AND INSPECTIONS
NO. 62
B. RUFFINO, AGENT, USE 196 ALLEN AKA 82
ELMWOOD-
TATTOO PARLOR W /CHANGE OF USE
(HRG. 7/13)
REFERRED TO THE COMMITTEE ON
LEGISLATION, CITY
PLANNING BOARD AND
CORPORATION COUNSEL.
NO. 63
D. MIKA, AGENT, USE 690 KENMORE AVENUE FOR AN
ILLUMINATED POLE SIGN ID W/ A DIGITAL READER
BOARD, 4 GROUND SIGNS, TWO WALL SIGNS, AND
TWO
LOGOS (HRG. 7/13)
REFERRED TO THE COMMITTEE ON LEGISLATION,
CITY
PLANNING BOARD AND CORPORATION COUNSEL.
REFERRED TO THE COMMITTEE ON EDUCATION AND
BOA OF- EDUCATION
NO. 64
M COPPOLA -KD REQ FUTURE PLANS SCHOOL# 56
We, the residents of the North Buffalo
community surrounding the Buffalo Public School -
#86- St. Lawrence Academy at 756 St. Lawrence
Avenue, request detailed information as to the future
plans for this facility. As concerned citizens, we
would like to see this building continue to be used for
academic purposes, and /or other community enriched
functions. Our concerns include the non -use of the
facility, which would decrease the value of our
individual properties, increase the potential for
criminal activities in the neighborhood, as well as
creating potential health hazards and the look of
abandoned property.
REFERRED TO THE OMMITTEE ON
EDUCATION AND THE BOARD OF
EDUCATION
NO. 61 1 REGULAR COMMITTEES
CLAIMS
JAMES D. GRIFFIN, CHAIRMAN
NO. 66
PERSONAL INJURY
That, upon the
recommendation of the
Corporation Counsel, the
following actions for personal injury arising out of
alleged negligence on the part of the City of Buffalo,
be compromised and settled:
A. 1. Sharocca Alston vs. City of Buffalo $ 2,500.00
A. 2. Phyllis Cobian vs. City of Buffalo $ 5,000.00
A. 3. Lauri A. Colondona vs. City of Buffalo $75,000.00
A. 4. Karen Nowicki and Dennis E. Nice vs.
City of Buffalo
Karen Nowicki $12,500.00
Dennis E. Nice $15,000.00
A. 5. Donnell M. Staton vs. City of Buffalo $45,000.00
That checks be drawn on the account of
Org 17221008 (480205) Judgment and Claims Prior
Years, or (480204) Current Fiscal Year, payable to the
respective claimants or plaintiffs and their attorneys, if
any, herein above named, in the amounts set opposite
their names and delivered to them upon execution and
delivery to the Corporation Counsel of proper releases
and closing papers.
PASSED
AYES -9- NOES -0
NO.66
PROPERTY DAMAGE
That, upon the recommendation of the Corporation
Counsel, the following actions for personal injury
arising out of alleged negligence on the part of the
City of Buffalo be compromised and settled:
B. 1 Mary Amorosi, 278 Colvin Avenue, 14216
This is a claim for damages to a 2003 Honda
Civic, which occurred on December 8, 2003 at the
Hennepin Park Community Center.
$619.51
B. 2. Justin Badagliacci, 4536 Lewis Drive, Hamburg,
14075
This is a claim for reimbursement of a tire that was
ruined at 2364 South Park Avenue on February 7,
2004. $100.00
B. 3. Nicholas Campas, 18A Viola Drive, Cheektowaga,
14227
This is a claim for reimbursement of a mirror
allegedly knocked off by a city snowplow on
February 1, 2004 in front of 47 Goethe Street.
$187.52
Elsieta Chapman, 401 Wyoming Street, 14201
This is a claim for reimbursement of a roof
damaged by over hanging tree limbs from a city -
owned tree at 401 Wyoming Street.
$800.00
5. Gregory Liskiewicz, 4085 Highview Parkway,
Hamburg,
14075
This is a claim for reimbursement of plumbing expenses
incurred as a result of the basement flooding at 496 Amherst
Street on March 22, 2004.
$5,617.92
B. 6. Anna McDonald, 39
Coolidge Road, 14220
This is a claim for replacement of a tire that was
destroyed on May 3, 2004 in front of 39 Coolidge
Road. $135.53
B 7. Grace Moran, 71 Folger Street, 14220
This is a claim for the replacement of siding on
claimant's house at 71 Folger Street, which was
damaged by a City of Buffalo packer, which was
driving down the street and struck the electrical
wires leading to the house. $275.00
B. 8. James Podkladek, 86 Ridgewood Road, 14220
Thomas J. Whalen, 161 Midshore Drive, 14219
Employees of the Streets Department submit
these two (2) claims. On February 6, 2004, while
parked t the Broadway Garage, their vehicles were
apparently damaged by a city snowplow.
Podkladek $2,124.04
Thomas J. Whalen $623.55
B. 9. Sandra F. Wilhite, 164 Walnut Street, 14204
This is a claim for damages to claimant's vehicle on March
20,2004 on Walnut Street. $129.02
B. 10. The following claims all relate to damages to
vehicles supposedly by City of Buffalo snowplows. While no
driver of the plows is named by the claimants or an accident
report made out by drivers, we feel that the seven (7)
damage claims on Richmond Avenue on the morning of
January 12, 2004, have merit and, therefore, the Law
Department recommends payment as follows:
(a.) Kerry Buckley, 249 Richmond Avenue, 14222
Side mirror damage $68.81
(b.) Julie Henneberger, 99 Richmond Avenue,
14222
Side mirror damage $282.05
(c.) Daniel Long, 171 Richmond Avenue, 14222
Side mirror damage $86.65
(d.) Patricia Parete, 380 Richmond Avenue, 14222
Side mirror damage $219.50
(e.) Kevin Sanders, 851 Richmond Avenue, 14222
Side mirror damage $144.03
(f.) William Smith, 193 Richmond Avenue, 14222
Side mirror damage $125.21
(g.) John Strangis, 134 Richmond Avenue, 14222
Side mirror damage $95.83
(h.) Carrie Woodrow, 134 Richmond Avenue,
14222
Side mirror and door damage
$386.43
B. 11. The following claims are being submitted without
recommendation to the Claims Committee. Although, some
of the claimants list witnesses, there are no driver's names
mentioned or any accident reports filled out:
(a.) James Appeheimer, 22 Chapel St., P.O. Box
158, Belfast NY 14911
Overnight on 3/14/04 at 209 Richmond Avenue
plow damaged Mirror
$185.26
(b.) Bethesda World Harvest Church, 1356 Main
St., 14209 - 1/12/04 12:10 a.m. plow damaged
side mirror $53.04
(c.) Helen Brown (State Farm Insurance) -
1 /12/04
12:15 a.m. plow damaged car @ 1365 Main
Street
(d.) Richard Bums, 58 Arlington, 14201 - 2/3/04
11:05 a.m. plow damaged van
$675.05
(e.) Sylvester Harold, 13 McCarthy Street, 14211
- 1/7/04 Plow hit mail box
$100.00
(f) Frank LoJacono, 52 Koster Row, Amherst,
14226
At midnight on 3/16/04 at 609 Busti Avenue,
snow from plow damaged mirror
$48.71
(g.) Ryan Landry, 239 Lafayette Avenue, 14213 -
1 /12/04
1:00 p.m. plow damaged mirror
$119.16
(h.) Hal Limebeer, 34 Orton Place, 14201 -
1 /22/04
1:00 a.m. plow damaged car and rental costs
$929.41
(i.) Thomas Maggio, 23 Dewitt Street, 14213 -
1/31/04
5:00 -6:00 a.m. plow damaged mirror
$142.29
Linda McNally, 576 Humboldt Parkway, 14211 -
1 /12/04
Late night plow damaged mirror
$115.47
(k.) Kathy Nathan, 589 Parkside Avenue, 14216 -
1 /12/04
5:00 a.m. plow damaged mirror
$165.78
(I.) Candace Santana, 155 Potters Road, 14220 -
1 /26/04
10:45 p.m. plow damaged mirror
$222.23
(in.) Thomas Stacy, 483 Hickory, 14204 - 1/12/04
10:00 a.m. plow damaged mirror
$349.63
(n.) Lisa Stapley, 200 Starin Avenue, 14214
On 3/16/04 overnight at 870 Richmond Avenue a
snow plow damaged mirror $234.23
(o.) Vanessa Voit, 26 Bidwell Pkwy., 14222 - 1/12/04
3:00 p.m. plow damaged mirror $245.16
That checks be drawn on the account of Org
17221008 (480205) Judgment and Claims Prior Years, or
(480204) Current Fiscal Year, payable to the respective
claimants or plaintiffs and their attorneys, if any, herein
above named, in the amounts set opposite their names and
delivered to them upon execution and delivery to the
Corporation Counsel of proper releases where such releases
are indicated.
Passed
AYES -9. NOES -0.
NO. 67
MISCELLANEOUS INVOICES
That upon the recommendation of the Corporation
Counsel and the appropriate City Departments, the
following claims be paid:
C. 1 Davis Electrical Supply Co., 24 Anderson
Road 14225
This is a claim for payment of Invoice Nos. 94230 -0
and 64340 -1 for work done at the request of the
Department of Public Works, Parks and Streets in
March and April, 2001.
$447.00
C. 2. Erie County Clerk, 25 Delaware Avenue, 14202
This is a claim for payment of Invoice Nos. (Charge
Tickets) 8190, 8187, 8189, 8193, 8188, 8192, 8125
and 8104 for filing of Notices of Demolition
in 2002. $1,488.00
C. 3. Light Hart Sales, 56 Boxwood Lane, Cheektowaga,
14227
This is a claim for payment of prior fiscal year
Invoice No. 7839 for work done at Fire State No. 34
at Main and Mercer. $1,750.00
That checks be drawn on the account of Org
17221008 (480205) Judgment and Claims Prior Years, or
(480204) Current Fiscal Year, payable to the respective
claimants or plaintiffs and their attorneys, if any, herein
above named, in the amounts set opposite their names and
delivered to them upon execution and delivery to the
Corporation Counsel of proper releases where such releases
are indicated.
Passed
AYES -9. NOES -0.
NO. 68
MISCELLANEOUS REFUND /REIMBURSEMENT
That upon the recommendation of the Corporation
Counsel and the appropriate City Departments, the
following claims be paid:
D. 1 Acme Bearings Corp., 1387 Niagara Street
14213
This is a claim for refund of overpayment of
user fee payments due because of a
miscalculation of square footage on the property
at 1387 Niagara
Street. $966.87
D. 2. Georgia Johnson, II 5 Hill Street, 14214
This is a claim for payment of $ 1,000 due Ms.
Johnson for reporting and testifying in an illegal
dumping case in the City.
$1,000.00
D. 3. M & T Trust Co., as trustee for Doris Rooney
and others
This is a claim for refund of overpayment of
user fee payments due because of
miscalculation of square footage for the
property at 3144 Bailey Avenue. $13,149.26
D. 4. Brie McCulley, 115 Debra Lane, 14207
This a claim for reimbursement of a 1990
Dodge Daytona Hatchback which was ordered
towed by the City to M & M Salvage from Debra
Lane in
February, 2004.
$1,000.00
D. 5. Howard J. Miller, 87 Landon Street, 14208
This is a claim for reimbursement of a 9mm
pistol, which was destroyed by the Buffalo
Police Department last year. $150.00
D. 6. Helen Popa, 101 Freund Street, 14215
This is a claim for a container taken by the
Streets Sanitation Department on May 3, 2004
at 101 Freund Avenue. $10.99
D. 7. Dwayne Scaife, 196 Colvin Avenue, 14216
This is a claim for a refund of an erroneously
placed Marshall's Lien, which provided an
income execution against the claimant, a City of
Buffalo Fire Department employee. $86.00
That a check be drawn on the account of Org
17221008 (480205) Judgment and Claims Prior Years, or
(480204) Current Fiscal Year, payable to the respective
claimants or plaintiffs and their attorneys, if any, herein
above named, in the amounts set opposite their names and
delivered to them upon execution and delivery to the
Corporation Counsel of proper releases where such releases
are indicated.
Passed
AYES -9. NOES -0.
NO. 69
REPORT TO THE CLAIMS COMMITTEE
E. 1. John Marchese, 87 Gibson Street,
14212
This matter is being reconsidered after being tabled
from the previous claims committee meeting
(4/7/2004).
This is a claim for damages to a fence and gate at 87
Gibson Street. These were damaged by the Fire
Department in the process of extinguishing a fire at a
City owned adjacent building.
The claimant originally submitted an estimate for repairs in
the amount of $2,450. Investigation by the Law Department
has resulted in the claimant accepting an offer from the City
in the amount of $750. Therefore, Corporation Counsel
recommends payment in the amount of
$750.00
That a check be drawn on the account of Org
17221008 (480205) Judgment and Claims Prior Years, or
(480204) Current Fiscal Year, payable to the respective
claimants or plaintiffs and their attorneys, if any, herein
above named, in the amounts set opposite their Dames and
delivered to them upon execution and delivery to the
Corporation Counsel of proper releases where such releases
are indicated.
Passed
AYES -9. NOES -0.
CIVIL SERVICE
(BONNIE E. RUSSELL, CHAIRPERSON)
NO.70
APPOINTMENTS
PRINCIPAL AUDITOR (INTER) (COMPT)
(ITEM NO. 11 - C.C.P. JUNE 22, 2004)
That Communication 11, June 22, 2004 be received
and filed and the temporary appointment of Mark D. Bidell
stated above at the intermediate salary of $51,824 effective
on June 10, 2004 is hereby approved.
PASSED
AYES -9. NOES -0.
NO. 71
APPOINTMENTS
SENIOR ENGINEER (PERM) (INTER) (PW)
(ITEM NO. 28- C.C.P. JUNE 22, 2004)
That Communication 28, June 22, 2004 be received
and filed and the permanent promotion of Joseph Poltorak
stated above at the intermediate salary of $49,578 effective
on June 4, 2004 is hereby approved.
PASSED
AYES -9. NOES -0.
NO. 72
APPOINTMENTS
SENIOR ENGINEER (TEMP) (INTER) (PW)
(ITEM NO. 29- C.C.P. JUNE 22, 2004)
That Communication 29, June 22, 2004 be received
and filed and the temporary appointment of Michael
Hoffert stated above at the intermediate salary of
$49,578 effective on June 4, 2004 is hereby
approved.
PASSED
AYES -9. NOES -0.
NO. 73
APPOINTMENTS
SENIOR ENGINEER (PERM) (MAX)) (PW)
(ITEM NO. 30- C.C.P. JUNE 22, 2004)
That Communication 30, June 22, 2004 be received
and filed and the permanent promotion of Steven J.
Stepniak stated above at the maximum salary of
$55,189 effective on June 4, 2004 is hereby
approved.
PASSED
AYES -9. NOES -0.
NO. 74
APPOINTMENT
SENIOR FIRST CLASS STATIONARY ENGINEER
(PERM) (MAX) (PW)
(ITEM NO. 31 - C.C.P. JUNE 22, 2004)
That Communication 3 1, June 22, 2004 be received
and filed and the permanent appointment of Andrew J.
Moffett stated above at the maximum salary of $37,213
effective on June 14, 2004 is hereby approved.
PASSED
AYES -9. NOES -0.
NO. 75
APPTS.- LIEUTENANT (MAX) (POL)
(CCP #34 -JUNE 22, 04)
That the above item be and the same hereby is received and
filed.
ADOPTED.
NO. 76
NOTICES OF APPT.- TEMP. /PROV. /PERM. (C. CLK.)
(CCP #44 -JUNE 22, 04)
That the above item be and the same hereby is received and
filed.
ADOPTED.
FINANCE
(BRIAN C. DAVIS, CHAIRMAN)
NO. 77
REPORT OF BIDS - AUD LOTS 1, 2 & 3
(ITEM NO. 6, C.C.P., JUNE 22, 2004)
That the Chairman of the Board of Parking be, and he
hereby is authorized to award a contract for And Lots
1, 2 & 3 to Standard Parking, the highest responsible
bidder, in the amount of $28,500.
Passed.
AYES -9. NOES -0.
NO. 78
J. HANNON- INFO -JN ADAM DEV. CTRA- PERRYSBURG,
NY (STRAT PLAN)0(CCP# 1 -APR 27,04)
(CCP# 1 -APR 27, 04)
That the above item be and the same hereby is received and
filed.
ADOPTED.
NO. 79
K. ORTEGA - STINGRAY ANGELS REQUEST
ASSISTANCE - LIGHTING FOOTBALL FIELD
(ITEM NO. 52, C.C.P., JUNE 8, 2004)
That the above item be, and the same hereby is
returned to the Common Council without
recommendation
Mr. Fontana moved:
That the above item be and the same hereby is received and
filed.
ADOPTED.
LEGISLATION
(RICHARD A. FONTANA, CHAIRMAN)
NO. 80
ORDINANCE AMENDMENT - CHAPTER 511 - ZONING
(HRG. 6/22)
(CCP# 121 - 6/8/04)
(CCP #40 - 6/22/04)
That the above item has been sent to the Common
Council without recommendation.
Richard A. Fontana, Legislation Committee Chairman
A public hearing has been set, before the Common Council,
at this regularly scheduled meeting, on the above item, and
a Notice of same has been published in the Buffalo News, a
copy of which is attached hereto.
On motion by Mr. Coppola, seconded by Mr. Fontana,
the item is properly before the Common Council, and the
hearing is opened.
CARRIED.
Appearances- Richard Fontana
Mr. Coppola now moved that the hearing be closed.
Seconded by Mrs. Russell
CARRIED.
Mr. Coppola moved:
That after a public hearing before the Common Council on
July 6, 2004, the Ordinance Amendment as contained in
Item No. 121, CCP June 8, 2004, be and the same hereby is
approved.
PASSED
AYES -9. NOES -0.
NO. 81
REQUEST STREET NAME CHANGE OF CAZENOVIA
PARKWAY TO "WARREN SPAHN WAY"
CCP# 112- -JUNE 22, 2004
That the above item be and the same is returned to
the Common Council without recommendation.
RECOMMENDED BY THE COMMITTEE ON
LEGISLATION
Richard A. Fontana, Chairman
A public hearing has been set, before the Common
Council, at this regularly scheduled meeting, on the above
item, and a Notice of same has been published in the Buffalo
News for two consecutive weeks, a copy of which is
attached hereto.
On a motion by Mr. Coppola, seconded by Mr.
Thompson, the item is properly before the Common
Council, and the hearing is opened.
CARRIED.
Appearances -
In Favor: Mr. Robinson
Mr. Coppola moved that the hearing be closed.
Seconded by Mr. Fontana.
CARRIED.
Mr. Coppola moved:
That the Commissioner of Public Works, Parks &
streets be, and he hereby is authorized to install trailblazing
signs beneath the existing street signs on Cazenovia
Parkway proclaiming as "Warren Spahn Way."
Passed.
AYES -9. NOES -0.
NO. 82
A. QUIMBY, PETITION TO USE 147 ORLANDO - ERECT
A BILLBOARD SIGN
(ITEM NO. 66, C.C.P., JUNE 22, 2004)
That after the public hearing before the Committee
on Legislation on June 29, 2004, the petition of A.
Quimby, agent, for permission to use 147 Orlando for
a billboard sign be, and hereby is denied.
ADOPTED.
NO. 83
R. L. CHAINANI, PETITION TO USE 1256 HERTEL
AVENUE - FOR AN ICE CREAM STAND
(ITEM NO. 56, C.C.P., JUNE 22, 2004)
That after the public hearing before the Committee
on Legislation on June 29, 2004, the petition of R. L.
Chainani, owner, for permission to use 1256 Hertel
Avenue for an ice cream stand be, and hereby is
approved.
Passed.
AYES -9. NOES -0.
NO. 84
S. FRISICARO, PETITION TO USE 140 ALLEN -
SIDEWALK CAFE
(ITEM NO. 57, C.C.P., JUNE 22, 2004)
That after the public hearing before the Committee
on Legislation on June 29, 2004, the petition of S. Frisicaro,
owner, for permission to use 140 Allen for a sidewalk cafe
be, and hereby is approved.
Passed.
Ayes -9. Noes -0.
NO. 85
B. BAUMKER, PETITION TO USE 31 01 MAIN STREET
- GROUND SIGN (UNIV)
(ITEM NO. 59, C.C.P., JUNE 22, 2004)
That the petition of B. Baumker, agent, for
permission to use
3101 Main Street for a ground sign be, and hereby is
approved.
Passed.
AYES -9. NOES -0.
NO. 86
L. MCCLIVE, PETITION TO USE 1829 MAIN STREET
(CANISIUS COLLEGE) - THREE GROUND SIGNS
(ITEM NO. 60, C.C.P., JUNE 22, 2004)
That the above item be, and the same hereby is
returned to the Common Council without
recommendation.
Mr. Fontana moved:
That the petition of L. McClive, agent, for permission to use
1829 Main Street (Canisius College) for three (3) non -
illuminated ground signs be, and hereby is approved.
Passed.
AYES -9. NOES -0.
NO. 87
B. DAVIS - HISPANICS UNITED - SUPP. ZONING
CHANGE FROM RESIDENTIAL TO COMMERCIAL - 10TH
STREET
(ITEM NO. 57, C.C.P., JUNE 8, 2004)
(ITEM NO. 86, C.C.P., JUNE 22, 2004)
That the above item be, and the same hereby is
returned to the Common Council without recommendation.
Mr. Fontana moved:
That the above item be and the same is
recommitted to the Committee on Legislation.
Adopted
NO. 88
ORDINANCE AMENDMENT - CHAPTER 264 - LICENSING
OF RENTAL HOUSING BUSINESS
(ITEM NO. 129, C.C.P., JUNE 8, 2004)
That after the public hearing before the Committee
on Legislation on June 15, 2004, the Ordinance Amendment
as contained in Item No. 129, C.C.P., June 8, 2004, be and
the same hereby is approved.
Passed
AYES -9. NOES -0.
NO. 89
ENF, OF NOISE ORDINANCES (POL)
(CCP433 -JUNE 22, 04)
That the above item be and the same hereby is received and
filed.
ADOPTED.
NO. 90
M. MAHANEY -BFLO. & ERIE CO. PUB. LIB. -
DIRECTOR'S RPT. -JUNE 11, 2004
(CCP #50 -JUNE 22, 04)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 91
M. MAHANEY -BFLO. & ERIE CO. PUB. LIB. -
CIRCULATION STATISTICS -MAY 2004
(CCP #51 -JUNE 22,04)
That the above item be and the same hereby is received and
filed.
ADOPTED.
NO. 92
M. MAHANEY -BFLO. & ERIE CO. PUB. LIB. - PROP.
MIN. OF BFLO /ERIE CO. PUB. LIB. -BD OF TRUSTEES -
5/20/04
(CCP #52 -JUNE 22, 04)
That the above item be and the same hereby is received and
filed.
ADOPTED.
NO. 93
RESTAURANT DANCING CLASS IV -414 PEARL
STREET (ELLICOTT)
(ITEM NO. 36, C.C.P., MAY 11, 2004)
(ITEM NO. 101, C.C.P., JUNE 8, 2004)
That pursuant to Chapter 150 of the City Code, the
Commissioner of Permit & Inspections Services be, and he
hereby is authorized to grant a Restaurant Dancing Class IV
license to Angelo Castricone d /b /a Al A Nightclub, located at
414 Pearl Street.
Passed.
AYES -9. NOES -0.
NO. 94
SECONDHAND DEALER — 631 WALDEN (LOVEJOY)
(ITEM NO. 35, C.C.P., JUNE 22, 2004)
That pursuant to Chapter 254 of the City Code, the
Commissioner of Permit & Inspections Services be, and he
hereby is authorized to grant a Secondhand Dealer license to
Renee Sanitago d /b /a Flecha and Sons Used Appliances
located at 631 Walden Avenue.
PASSED
AYES - 9 NOES – 0
NO. 95
T. ROMANO - NYSDOT -NYRTE 33/198 TO ELM. /OAK
ARTERIAL -PHASE 1 -VAR. SAFETY IMPR.
(CCP #53 -JUNE 22, 04)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 96
B. DAVIS -T. RUGGIERO -REQ. TO BID ON GARAGES
OPERATED BY BCAR
(CCP #54 -MAY 25, 04)
That the above item be and the same hereby is referred to
the Finance Committee
ADOPTED
NO. 97
B. DAVIS -N. DORRIOS & 0 -PET. CLOSING OF
CENTENNIAL POOL
(CCP #62 -JUNE 22, 04)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 98
A. THOMPSON -CLEAN STREETS & CLEAN
NEIGHBORHOOD INITIATIVES
(CCP #63 -MAY 25, 04)
That the above item be and the same hereby is
received and filed.
ADOPTED
EDUCATION
ANTOINE M. THOMPSON, CHAIRMAN
NO. 99
K. LIGHTEN - INITIATE NEW EDUCATIONAL &
EMPLOYMENT INITIATIVES
(CCP #45 -APR 27, 04)
That the above item be and the same hereby is
received and filed.
ADOPTED
RESOLUTIONS
BY MR. COPPOLA
NO. 100
LAND DISPOSITION AGREEMENT 143 5 HERTEL
AVENUE
– NICK KOTRIDES -
REDEVELOPER
WHEREAS, the Buffalo Urban Renewal Agency
has duly designated Nick Kotrides and /or other legal entity to
be formed as qualified and eligible Redeveloper in
accordance with rules and procedures duly adopted by the
Agency; and
WHEREAS, the City Clerk has published a Notice
of Public Hearing, as required by Section 507, Subdivision
2(d) of the "General Municipal Law" and
WHEREAS, the proposed Land Disposition
Agreement has been duly submitted to this Common Council
by the Buffalo Urban Renewal Agency; and
NOW, THEREFORE, BE IT RESOLVED:
1. Nick Kotrides and /or other legal entity to
be formed was duly designated as qualified and eligible
Redeveloper by the Buffalo Urban Renewal Agency, is
hereby approved as the Redeveloper for 1435 Hertel
Avenue.
2. That the Mayor, the Chairman, Vice -
Chairman, or any officer of the Buffalo Urban Renewal
Agency is hereby authorized to execute any and all deeds or
other documents necessary to convey land described in the
proposed "Land Disposition Agreement" to Nick Kotrides
and /or other legal entity to be formed in accordance with the
terms of said Agreement and for the consideration recited
therein.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 101
BY: MR. COPPOLA
GRANT PERMISSION TO THE OLMSTED
CONSERVANCY TO HANG BANNERS WITHIN THE CITY
OF BUFFALO
Whereas: The Olmsted Conservancy has worked actively to
revitalize the Olmsted Park System; and
Whereas: They have requested permission to a hang five
Olmsted Conservancy Banners within the City of Buffalo; and
Whereas: The first banner will advertise the
Conservancy fundraiser, and will be up from July 7,
2004, through July 23, 2004, and will be attached to
light standard #63 on the east side of Parkside and to
a wooden post on the west side; and
Whereas: The other four banners will be Party for the
Park banners, and will be up from August 1, 2004, until September
10, 2004; and
Whereas: These banners will be located one
between the lampposts at the stairs leading down to
Hoyt Lake, one attached to light standards #955 and
#946 on Elmwood Avenue, on Hertel Avenue
between Starin and Parkside Avenue, and the last on
the Delaware Park Casino on the night of the event
only (9/10/04); and
Whereas: The Olmsted Conservancy has contacted the City of
Buffalo Traffic Engineer and is aware of the requirements for
hanging a banner within the City of Buffalo.
Now, Therefore, Be It Resolved:
This Common Council supports the Olmsted Conservancy in its
endeavor, and subject to the conditions set forth by the Department of
Public Works, Parks, & Streets, grants them permission to hang an
Olmsted
Conservancy banner across Parkside Avenue.
PASSED
AYES -9- NOES -0
NO. 102
BY: COUNCILMEMBER COPPOLA
SET PUBLIC HEARING 1435 HERTEL AVENUE
NICK KOTRIDES - REDEVELOPER
WHEREAS, Nick Kotrides and /or other legal entity
to be formed (herein referred to as the "Redeveloper ") has
been duly designated as qualified and eligible Redeveloper in
accordance with the rules and procedures prescribed by the
City of Buffalo Urban Renewal Agency; and
WHEREAS, the City of Buffalo Urban Renewal
Agency and the Redeveloper has negotiated a Land
Disposition Agreement for the sale of 1435 Hertel Avenue;
and
WHEREAS, the terms of said Land Disposition
Agreement have been approved by the City of Buffalo Urban
Renewal Agency; and
WHEREAS, said Land Disposition Agreement has
been forwarded by the City of Buffalo Urban Renewal Agency
to this Common Council for action, pursuant to section 507,
subdivision 2(d) of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal
Law" requires that the disposition of land in an Urban
Renewal Project may be approved only after a public hearing
on due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby
directed to publish the notice attached hereto and
marked "Notice of Hearing" in the Buffalo News,
no later than the 9th day of July 2004.
2. That this Common Council will
conduct a Public Hearing on the matter stated in
said "Notice of Hearing" at 2:00 P.M. in the
Council Chambers on the 20 of July 2004.
ADOPTED
NO. 103
BY: BRIAN C. DAVIS
APPOINTMENTS TO THE ELLICOTT DISTRICT COUNCIL
OFFICE
Now Therefore Be Resolved:
That Ms. Kimberly R. German be appointed to the position of
Legislative Aide to the Ellicott District Council Office; and
Be It Further Resolved:
That Ms. Irma Lorenzo be also appointed to the position of
Legislative Aide to the Ellicott District Council Office; and
Be It Finally Resolved:
That these appointments be made effective July 1, 2004.
ADOPTED
NO. 104
BY: BRIAN C. DAVIS
PERMISSION TO HANG BANNERS ALONG ELMWOOD
AVENUE
Hutchinson Central Technical High School would like to
display there 100 Anniversary banners along Elmwood
Avenue and
The banners will be placed on six street poles on Elmwood
Avenue from Chippewa and South Johnson Park; and
The principal of Hutchinson Central Technical High School
Mr. David Greco is requesting permission to display the
banners from July 2004 to June 2005; and
Now Therefore Be Resolved That:
That the Common Council of the City of Buffalo grants
permission to Hutchinson Central Technical School to hang
the banners to advertise there 100"' Anniversary
Be It Further Resolved:
That the Hutchinson Central Technical School will purchase
the necessary bond before the banners are hung and said
banners meets all the requirement's of pertinent City
Department's and that no existing laws are violated
PASSED
AYES -9- NOES -0
NO. 105
BY: MR. FONTANA
DISCHARGE LEGISLATION COMMITTEE ITEM #2 C.C.P.
JUNE 22, 2004
"APPT.- MEMBER -EXAM. BD. OF ELECTRICIANS
(MAYOR)"
Whereas: The above item is currently in the
Legislation Committee; and
Whereas: It is
no longer necessary for this
item to be considered by that
committee; Now, Therefore Be it Resolved:
That this Common Council does hereby discharge the
Legislation Committee from further consideration of Item 2,
C.C.P. June 22, 2004, "Appt.- Member -Exam. Bd. Of
Electricians (Mayor)" and said item is now before the
Common Council for its consideration.
PASSED
AYES -9- NOES -0
NO. 106
BY: MR. FONTANA
RE: ORDINANCE AMENDMENT
CHAPTER 495 WHARVES, HARBORS AND BRIDGES
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Chapter 495 of the Code of the City of Buffalo
be amended to read as follows:
§495 -26(G)
Safe navigation of the Buffalo River is the sole responsibility of
the Captain of each vessel. It shall be the duty of each
Captain to determine if the assistance of a tug is necessary
when passing a bridge over the Buffalo River.
[ §495 -27 Use of Tugs
All vessels, including vessels with bow thrusters, navigating
in the Buffalo Harbor, for which the opening of any bridge
may be necessary, shall, while approaching and passing such
bridge, having the assistance of a tug or tugs. Vessels
navigating in the Buffalo Harbor stern first shall have a tug
on the stern and a tug on the bow.]
APPROVED AS TO FORM
Corporation C o u n s e l
NOTE:Matter in brackets to be deleted, matter underlined is
new.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE COMMISSIONER OF PUBLIC WORKS
NO. 107
BY: MR. FONTANA
RE: ORDINANCE AMENDMENT
CHAPTER 175 FEES
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Chapter 175, Section 78 of the Code of the
City of Buffalo be amended to read as follows:
§78 -12, Seizure and Impoundment of dogs First Seizure
$25.00
Plus $5.00 /day Second Seizure $50.00
Plus $5.00 /day Third Seizure and $75.00
subsequent seizures Plus $5.00 /day within 1 year of
first seizure
§78 -32, Euthanasia for Each Animal [$10.00]$20.00
§78 -33, Surrender of an Animal to the Buffalo Animal
Shelter$15.00 APPROVED AS TO FORM
Corporation Counsel
NOTE:Matter in brackets to be
deleted, matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 108
BY: MR. FONTANA
RE: ORDINANCE AMENDMENT
CHAPTER 78, ANIMALS
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Chapter 78 of the Code of the City of Buffalo be
amended to read as follows: §78 -28, Penalties for Offenses
Offense Initial Fine Additional Penalty Maximum
Penalty Total
Class A
Unlicensed
Dog [$11] $25 [$11] $25 [$32] $60
Dog Off Premises
Without tag [$11] $25 [$11] $25 [$32]$60
Knowingly
Affixing
Improper tag [$11 $25 [$11] $25 [$32] 60
[$53] 60 FURNISHING FALSE INFORMATION
License
Application [$11] 25 [$11] $25 [$32] 60
[$53] 60
Change and Transfer
Report [$11] 25 [$11] $25 [$32] 60
[$53] 60
Non - compliance w /dangerous dog
Order [$11] 25 [$11] 25 [$32] $60
[$53] $60
Non - compliance w /night quarantine
Order [$11] 25 [$11] 25 [$32] $60
[$53] 60
Dog RunningAt large [$11] $25 [$11] $25
[$32] $60 [$53]$60
Failure to Present
REST AVAILABLE FOR REVIEW IN THE CITY CLERK'S
OFFICE
§78 -33, Surrender of an Animal to the Buffalo Animal Shelter
Each person who brings an animal to the City of Buffalo
Animal Shelter for the purpose of surrendering such animal
shall be charaed a fee for such service as provided in
Chapter 175, Fees.
APPROVED AS TO FORM
NOTE: Matter in brackets to be deleted,
matter underlined is new.
REFERRED TO THE COMMITTEE ON
LEGISLATION
NO. 109
Corporation Counsel SPONSOR: MR.
FRANCZYK
MOTOR VEHICLE POLICY
The City of Buffalo continues to experience a decline
in revenues while the cost of petroleum based
products continues to increase due to global
conditions beyond the control of the City and its
taxpayers; and
The City must continue its efforts to right -size and
look at new, bold and sometimes daring ideas such as
the recent successful efforts to have Erie County and
the Olmstead Conservancy operate and maintain the
City's Park system; and
The City has initiated many successful internal
efforts to right -size, most recently the city -wide effort
to reduce in half, the number of cell phones currently
in use; and
WHEREAS: The City currently maintains a large fleet of
motor vehicles and expends substantial sums for motor fuels
and lubricants to operate and maintain the motor vehicle
fleet; and
WHEREAS: The loss of employees, the elimination
and transfer of functions, and the need to operate
more efficiently dictate that the City reexamine the
size of and the policies governing the use of the
City's motor vehicle fleet.
NOW THEREFOR BE IT RESOLVED THAT:
$ 6 CEffective immediately, no motor vehicle shall be
$6( pdded to the City's Motor Vehicle Fleet whether by
purchase, lease or any other method, without the
specific approval of this Council in additional and
separate from its approval of funding for the purchase
of a motor vehicle(s), such approval to be
conditioned on the Council's review of the intended
reasons for adding said motor vehicle to the City's
fleet, to include the management, marking and
maintenance thereof; and
BE IT FURTHER RESOLVED THAT:
The Comptroller is hereby directed to ensure that his
approval of purchase orders for the procurement of a
motor vehicle(s) is conditioned on the approval of the
Council as cited herein; and
BE IT FURTHER RESOLVED THAT:
This Council examine and update City Code Chapter 53
Vehicles City- Owned, with the goal of establishing policies
and controls for the procurement, use and marking of City
owned motor vehicles, that are in the best interests of the
City and its taxpayers.
REFERRED TO THE COMMITTEE ON BUDGET,
THE COMMISSIONER OF ADMINISTRATION AND
FINANCE AND THE COMPTROLLER
NO. 110
SPONSOR: MR. GOLOMBEK CO- SPONSORS:
CALLING UPON THE STATE TO PASS LEGISLATION
ALLOWING FOR A CITY /COUNTY MERGER
WHEREAS: This community has for several years now
discussed and debated whether a merger between the City
of Buffalo and the County of Erie makes sense; and
WHEREAS: On 1/1/76 Council President Delmar Mitchell in
his address to the City recommended "That our
governments, at both, the County and the City level study,
the feasibility of merging into some form of regional
government. I am not unmindful that this suggestion will
create waves, because some tend to jealously guard old
positions in government that we can no longer afford "; and
In 1997 the Chautauqua Conference on Regionalism
organized by Kevin Gaughn brought experts from around the
Country to discuss the benefits of merging governments; and
A series of Buffalo Conversations has been held to discuss
government issues including the merger of City and County
governments; and
Current New York State Law does not provide for the merger
of a City with a County; and
Since at least 1993, legislation has been pending in the
State Legislature which would amend the General Municipal
Law to provide for a merger between a City and a County;
and
WHEREAS: Legislation has passed the New York State
Senate in 1996, 2000, and 2001, but has not passed the
Assembly; and
WHEREAS: After years of talk and debate the time
has come to put before the public a referendum to
determine whether in fact the public supports a
merger of the City of Buffalo with the County of
Erie; and
Now Therefore Be It Resolved:
That this Council supports the passage of legislation
in the New York State Legislature, that would allow
for a City and County merger to occur and that
certified copies of this resolution be forwarded to
Senate Majority Leader Joseph Bruno, Assembly
Speaker Sheldon Silver and members of the WNY
State Legislative Delegation.
Be It Further Resolved:
That the Law Department render an opinion as to
whether a referendum can be held in the City of
Buffalo to determine whether City residents support a
merger of the City of Buffalo with the County of
Erie.
Be It Finally Resolved.
That this item be referred to an appropriate Committee of the
Council for further consideration.
REFERRDE TO THE COMMITTEE ON LEGISLATION AND
THE CORPORATION COUNSEL
NO. 111
BY: MR. GRIFFIN
ENTERING NEGOTIATIONS WITH NEW YORK
STATE REGARDING TIFFT FARM NATURE PRESERVE
Wheras: The new Outer Harbor State Park, along Route 5,
is slated to open this summer; and
Whereas: The proposal to develop the Outer Harbor State
Park was conceived by New York State Assemblyman Brian
Higgins, over two years ago with the efforts centered around
creating a recreational environment along the waterfront that
would bring more people, children and families to the area;
and
Whereas: Assemblymember Brian Higgins further proposes
that the 264 acre Tifft Nature Preserve be folded into the
current and future plans of the Outer Harbor State Park; and
Whereas: Tifft Farm Nature Preserve is currently owned by
the City of Buffalo and maintained by the Buffalo Museum of
Science, however, we believe that New York State Parks'
has the ability and resources to obtain environmental
protection funds to be used for capital and operational
improvements to the Tifft Preserve; and
Whereas: The City is committed to maintaining the rich
history and the land's status as a nature preserve and would
not allow for the conversion of land within the current Tifft
Farm footprint to be utilized for anything other than a
historical nature preserve; and
Whereas: The Outer Harbor remains Buffalo's greatest
untapped resource and facilitating negotiations with all
interested parties to add Tifft Farm to the State's Outer
Harbor State Park can lead to bigger and better
opportunities on the waterfront; and
Now, Therefore, Be It Resolved:
That the City of Buffalo Division of Recreation, Corporation
Counsel and Division of Strategic planning enter into
negotiations with New York State's
Parks' Commissioner Bernadette Castro and other
appropriate State officials in order to determine the most
appropriate plan for adding the Tifft Farm Nature Preserve
as Phase 11 of the Outer Harbor State Park redevelopment.
Be it finally resolved
That this resolution be referred to the Committee on
Community Development for further consideration.
ADOPT FINAL RESOLVE TO REFERRED TO THE
COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 112
BY: MRS. RUSSELL
RE: TRAILBLAZING SIGN FOR EDWARD SAUNDERS,
JR.
Whereas: Born on July 13, 1921, in Kansas City,
Missouri, Edward Saunders, Jr., a Buffalo resident for 62
years and a long -time community activist, passed away in
September 2002, after a long illness; and
Whereas: Mr. Saunders was the founder of the Mid
Olympic Block Club and a former President of the Ken - Bailey
NHS Board of Directors; and
Whereas: Edward Saunders served his country
during World War II as an Army Sergeant; and
Whereas: In 1995, Mr. Edward Saunders vision and
commitment to the University District were realized as "The
Edward Saunders Unity Center" opened with programs for
children, youth, and senior citizens that assist them in their
everyday lives; and
Whereas: Edward Saunders has been honored
and has received numerous awards during his lifetime,
including the Distinguished Service Award from
Neighborhood Housing Services, the Neighbor of the Year
Award, the Dorothy Richardson Award, and the Certificate of
Endurance Award;
Now, Therefore be it Resolved:
That the Common Council of the City of Buffalo does hereby
express its sincere appreciation for the commitment and
dedication to the Kensington Bailey community and the
entire City of Buffalo shown by Mr. Edward Saunders for
over six decades; and
Be it Further Resolved:
That this Honorable Body requests the Department of Public
Works to install trailblazing signs that read "Edward
Saunders, Jr. Way" beneath the existing signs on Olympic
Avenue, between Kensington Avenue and Decker Street.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE COMMISSIONER OF PUBLIC WORKS
NO. 113
BY: MS. RUSSELL 0
BUDGET AND PERSONNEL AMENDMENT
61— ENTERPRISE STREETS
1260 — SOLID WASTE COLLECTION
The Common Council of the City Of Buffalo does ordain as
follows:
That Truck Driver $ 27,646- 30,793
4 Laborer II $ 24,420- 27,833
Is hereby amended to read:
46 Truck Driver $ 27,646- 30,793
Laborer II $ 24,420- 27,833
This is to be effective July 1, 2004.
IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the
Charter, that the immediate passage of the foregoing
ordinance is necessary.
We, JOSEPH N.GIAMBRA, COMMISSIONER OF PUBLIC
WORKS, PARKS & STREETS 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
APPROVED AS TO FORM
CORPORATION COUNSEL
PASSED
AYES – 9 NOES – 0
NO. 114
BY MR. THOMPSON
SUBJECT: REQUEST EMERGENCY LAW
ENFORCEMENT ASSISTANCE FROM ERIE COUNTY
SHERIFF, NEW YORK STATE POLICE, FBI, ATF, AND
DEA
Whereas: Over the last 15 years the City of Buffalo
has been plagued with gun - violence and the aggressive
distribution of illegal drugs such as crack cocaine and heroin;
and
Whereas: In the first six months of this year, more
than 30 (thirty) people have been murdered, most of them
younger than 35 years of age; and
Whereas: The level of violence in Buffalo is unacceptable
and has contributed to the disinvestments by many
residential and commercial property owners, essentially
negatively impacting the city's tax base and quality of life for
more than 275,000 residents. Additionally, in many inner -city
neighborhoods senior citizens are afraid to frequent local
stores, exercise by way of walking around the corner, and
some children and families can not sit comfortably on their
porch in various communities; and
Whereas: The governments of Erie County, New York State,
and the United States need to assign additional law
enforcement officials to the City of Buffalo to help confiscate
illegal guns and drugs, patrol our neighborhoods, and
shutdown the numerous drug houses and operations
scattered throughout our city; and
Whereas: Additional ATF, DEA, and FBI agents
should be assigned to work with the Buffalo Police
Department to crackdown on the large number of illegal
guns and drugs in Buffalo; and
Now, Therefore, Be It Resolved:
That the Mayor of Buffalo formally request that the Governor
of New York, the Erie County Executive, the Erie County
Sheriff, and the President of the United States assign
additional law enforcement personnel to Buffalo, New York
for a minimum of 6 (six) months to help eradicate the gun
violence in the City of Buffalo. Further, some of the staff
should be assigned to foot - patrols in residential
neighborhoods and required to attend tenant and block
association meetings; and
Be it Finally Resolved:
That the Buffalo City Clerk forward copies of this resolution
to members of the WNY state and federal delegations, the
Clerk of the Erie County Legislature, the Chairman of the
Erie County Legislature, the Mayor of Buffalo, the Erie
County Executive, the Governor of New York, the Speaker of
the New York State Assembly, the Majority Leader of the
NYS Senate, the Sheriff of Erie County, the Commissioner of
the Buffalo Police Department, the Erie County District
Attorney, and the United States Attorney for WNY.
ADOPTED
NO. 116
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 i3ishop Leroy J o n e s
By Councilmember T h o m p s o n, Fr anczyk,
Michaux
ADOPTED
NO. 116
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:
Kimberly Harzynski Allan Paglia
David Granville Julie Kruger
Hezzie Hodgins Bobby Calhoun
Armal Morris
Total: 7
ADOPTED
NO. 117
APPOINTMENTS
COMMISSIONERS OF DEEDS
REQUIRED FOR THE PROPER
PERFORMANCE OF PUBLIC DUTIES
That the following persons are hereby appointed as
Commissioner of Deeds for The term ending December 31,
2004, conditional upon the persons so appointed certifying
under oath to their qualifications and filing same with the City
Clerk
Christine Collingwood Judith Hoffman
Gregory Noyes Michelle Muscarella
Melvyna Murray
Total 5
ADOPTED
NO. 118
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held
in the Common Council Chambers, 13` floor City Hall,
Buffalo, New York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, July 13, 2004 at 9:30
o'clock A.M.
Committee on Finance Tuesday, July 13,
2004 at 10:00 o'clock A.M. following Civil Service
Committee on Legislation Tuesday, July 13, 2004 at 2:00
o'clock P.M. Committee on Comm. Dev. Wednesday, July
14, 2004 at 10:30 o'clock A.M. Special Committees
MBEC Monday, July 12,
2004 at 10:00 o'clock A.M. in Room 1417 City Hall.
Education Committee Wednesday, July
14, 2004 at 2:00 o'clock P. M. in Council Chambers.
(Public Disclaimers All meetings are subject to change and
cancellation by the respective Chairmen of Council
Committees. In the event that there is sufficient time given
for notification, it will be provided. In addition, there may be
meetings set up whereby the City Clerk's Office is not made
aware: therefore, unless we receive notice from the
respective Chairmen, we can only make notification of what
we are made aware.
NO. 119
NO. ADJOURNMENT
On a motion by Mr. Coppola, Seconded by Mrs. Russell, the
Council adjourned at 4:55 pm
CHARLES L. MICHAUX, III
CITY CLERK