HomeMy WebLinkAbout05-0712No.13
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
JUNE 28, 2005
MAYOR
Hon. Anthony M. Masiello
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 GOLOMBEKJR. - NORTH
JEFFERY CONRAD - SOUTH
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Bonnie E. Russell
Chairman, Brian C. Davis, Joseph Golombek Jr., Richard A.
Fontana - Members
CLAIMS COMMITTEE: Jeffery Conrad 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.,Jeffery Conrad, Marc A. Coppola, -
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
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BUDGET COMMITTEE: Dominic J. Bonifacio, Jr.,
Chairman, Marc A. Coppola, Brian C. Davis, Joseph
Golombek, Jr. - Members
EDUCATION COMMITTEE
Antoine M. Thompson, Chairman, Richard A. Fontana, David
A. Franczyk, Bonnie E. Russell Members
MINORITY BUSINESS ENTERPRISE COMMITTEE -
Antoine M. Thompson, Chairman Brian C. Davis
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, JULY 12, 2006
AT 2:00 P.M.
PRESENT – David A. Franczyk, President of the Council, and Council Members Bonifacio, Conrad, Coppola,
Davis , Fontana, Golombek Russell AND Thompson –9
ABSENT-0
FROM THE MAYOR – EXECUTIVE DEPARTMENT
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 1
Abandonment of Former
Fourth Street and Unnamed Alley
The Buffalo Urban Renewal Agency received permission from Your Honorable Body on June 28, 2005 to transfer the
properties known as 257 W. Genesee Street and 4 New Seventh Street to Health Now for the Blue Cross /Blue Shield Project.
Former Fourth Street, now a paper street, has never been officially abandoned as well as a 10'x88' unnamed alley located
southeasterly of Battery Place, west of Court Street (see attached maps for location). The paper street and alley needs to be
officially abandoned by your Honorable Body prior to the transfer of title to the Redeveloper.
The Dept. of Public Works has been contacted and has no objections to the abandonment of these properties.
Your Honorable Body may authorize the abandonment of said former street and alley in accordance with Article 27, Section
27 -5 of the City Charter.
Therefore, I am recommending that Your Honorable Body officially abandon former Fourth Street and a 10'x88' unnamed
alley.
Mr. Coppola moved:
That the above communication from the Department of Strategic Planning, Division of Real Estate dated July 1, 2005 be
received and filed; and
That the City of Buffalo does hereby abandon former Fourth Street and a 10' x 88' unnamed alley in accordance with Article
27, Section 27 -5 of the Charter of the City of Buffalo; and
That the Director of Real Estate be, and he hereby is authorized to negotiate a sale with HealthNow for the Blue Cross /Blue
Shield Project, and results of negotiations be reported back to the Common Council for final approval of the sale and
abandonment of former Fourth Street and a 10'x 88' unnamed alley.
PASSED
AYES – 9 NOES –0
NO2
RESULTS OF NEGOTIATIONS
97 GELSTON, 166' S.AUBURN
LOT SIZE 33'X 90'
ASSESSED VALUATION $3,000
NIAGARA DISTRICT
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 97 Gelston Street from Mr.
William E. Breeser, 160 Windsor Street, Buffalo, New York 14213. Mr. Breeser owns 99 and 103 Gelston, which are both
single family homes and adjacent to 97 Gelston Street. He intends to use this vacant lot for additional yard space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no
building code violations, taxes or other liens owed to the City by the purchaser.
The Division of Real Estate has investigated the sale of similar residential vacant lots in the subject area. Sale prices range
from one dollar and ten cents ($1.10) to one dollar and fifty cents ($1.50), per square foot.
The results of our negotiations are that Mr. Breeser has agreed and is prepared to pay three thousand three hundred dollars
($3,300), one dollar and ten cents ($1.10) per square foot, for the subject property. Mr. Thomas has also agreed and is
prepared to pay for the cost of the transfer tax, recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of
97 Gelston Street to Mr. William Breeser in the amount of three thousand three hundred dollars ($3,300). 1 am further
recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same.
Mr. Coppola moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated July 7, 2005, be received
and filed; and
That the offer from Mr. William E. Breeser, residing at 160 Windsor Street, in the sum of three thousand and three hundred
dollars ($3,300.00) for the purchase of 97 Gelston, be and hereby is accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES — 9 NOES — 0
NO. 3
Transfer of Title
Urban Homestead Program
87 Alexander, 227.95 S Lyth
Lot Size: 30' x 111'
Assessed Valuation: $1,600.
89 Alexander, 206.95 S Lyth
Lot Size: 21' x 104'
Assessed Valuation: $1,100.
The Office of Strategic Planning, Division of Real Estate, has surveyed the City -owned lots mentioned above. It has been
determined these parcels are not needed for public purpose or development.
Bethel Community Development Corporation, 1425 Michigan Avenue, Buffalo, New York 14209 is under contract to construct
a low /mod housing unit.
Title to these parcels will be transferred from Bethel Community Development to build an affordable, sustainable housing unit
to be sold to a low /mod income purchaser. Upon sale of the home, these now vacant lots will become revenue producing
through payment of property taxes.
The Department of Permit and Inspection Services and the Division of Collections have been contacted. There are no
property code violations, taxes or other liens owed to the City of Buffalo by the homesteader.
I am therefore recommending the City -owned lots known as 87 and 89 Alexander Street be designated as Homestead
Properties and be transferred to Bethel Community Development Corporation on the following conditions:
1. The specified structure be erected on the premises within twelve (12) months.
2. The structure be occupied by the purchaser mentioned for a period of not less than thirty -six (36) months.
We, therefore, recommend that Your Honorable Body authorize the homestead of 87 and 89 Alexander Street. I am further
recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same.
Mr. Coppola Moved:
That the property located at 87 — 89 Alexander is transferred to Bethel Community Development Corp. under the Urban
Homestead Program with conditions as listed more fully in the attached item is hereby approved.
PASSED
AYES — 9 NOES — 0
NO. 4
Audit: Animal Shelter
AUDIT FINDINGS
FINANCIAL FINDINGS
1) Controls on Safeguarding of Assets
There were undeposited checks in the Animal Shelter safe. These were made out to the NYS Agriculture and Markets (the
New York laws that govern animals).
New York State instituted a new fee from the Department of Agriculture and Markets called "Spay / Neuter of Adopted
Animals - Article 26" fee. The fee states that in part, a person who adopts an animal that is not spayed or neutered is required
to submit a deposit of seventy -five dollars, to insure that the animal is actually spayed or neutered within ninety days. Should
the individual return within ninety days, the seventy -five dollars is refunded with proof the adopted animal was spayed or
neutered. Failing this, the seventy -five dollars is split: thirty -five dollars goes to New York State, to be remitted quarterly, and
forty dollars is retained by the City.
The complete list of check sums to $17,521.00 of which $12,626 is made out to "NYS
Department of Agriculture and Markets" as payee.
2) Reconciliation not being performed between the subsidiary records and the MUNIS general ledger as well as other
records reported.
MUNIS deposits generated by the Shelter do not match other reports generated by the Shelter. The "Monthly Report'
generated by the Shelter is in essence, an animal inventory. This inventory lists animals at the shelter at the start of the
month, various categories of animals taken in, categories of animals that leave the Shelter and finally, an inventory of animals
that remain in the Shelter at the end of the month.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE COMMITTEE ON FINANCE
NO. 5
Audit Division Review of Buffalo.
Economic Development Corp
(BERC) Pension System
AUDIT FINDINGS
• The lack of employee contributions is the exception to the role in the case of corporations.
• The percentage contribution of the employer (BERC) is outside of the parameters used by corporations.
• The City has constraints as a result of its status under the Buffalo Fiscal Stability Authority (BFSA), including a wage
freeze. This entity fails within the purview of the BFSA by its dependence on the City's block grant funds. This Board -
approved (versus contractual requirement) pension contribution may be reviewed in more detail by the BFSA.
• The employees could be covered under the New York State Retirement if they were employees of BURA.
• BURA is not considered a Community Development Corporation as BERC is. There are programs under HUD
regulations for such community non - profits.
AUDIT RECOMMENDATIONS
1. Request the BERC Board to review its Pension Plan in terms of viability in these tight financial times.
2. An employee contribution should be considered, especially as a requirement for an employer match. Most IDAs
require an employee contribution. The employer normally matches $0.50 for every $1.00 contributed up to a limit (e.g. 6 %).
3. Request the BERC Board to review the vesting period so that it is more in line with other plans (currently three
years to vest).
We recommend moving to the plan that the other IDAs have. Even those plans are0 richer than the normal 4% employer
contribution in most companies.
4. We recommend that the Common Council consider review the BERC administrative budget and set a limit on the
pension expense.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, BERC AND BOARD MEMBERS
NO. 6
Bailey Amherst Special Assessment Charge
Leg Comm Mtg 6/21/05
(Item #18, CCP 6/28/05)
The City made a payment to the Bailey Amherst Business District of $34,786 in February 2005. Since that time we have
collected $3,719 to be included in the next disbursement which is usually made after the first half taxes are collected in July
and August.
The City has collected $31,926.86 in interest on late payments since the Bailey Amherst Business District was established. To
my knowledge, the disbursement of these funds has never been included in the Bailey Amherst Business District budget,
therefore I have no legal or budgetary ability to forward these funds. There has also been some discussion that the interest
and penalties should be kept by the City as reimbursement for the cost of administering the program. Until this issue is legally
resolved, I am not be able to forward the funds to the Business District.
The Department of Strategic Planning administers the contract between the City and the Bailey Amherst Business District.
The current contract expires June 30, 2005, so a new contract will have to be signed before they can receive funding in 2006.
REFERRED TO THE COMMITTEE OM LEGISLATION, DIRECTOR OF STRATEGIC PLANNING AND THE
COMMISSIONER OF ASSESSEMENT AND TAXATIONS
NO. 7
CAPITAL DEBT SERVICE FUND
DEPOSITS - 2005/2006 FISCAL YEAR
Certificate Number 1 -05/06 of the Comptroller of the City of Buffalo, New York, relative to the Capital Debt Service Fund of
said city, stating the amounts to be deposited therein and paid therefrom for the period
Commencing July 1, 2005 and ending June 30, 2006
I, Andrew A. San Filippo, Comptroller of the City of Buffalo, New York, in accordance with the provisions of Section 202 of the
resolution entitled:
"Enabling Resolution of the City of Buffalo, New York, Establishing a Capital Debt Service Fund, Determining the Terms and
Conditions of Such Fund and Other Matters in Connection Therewith, and Providing for the Rights of Holders of Capital Debt
Obligations of the City."
duly adopted by the Common Council on March 8, 1977, and pursuant to the duties of the chief fiscal officer set forth therein,
Do Hereby Certify as follows:
1. The Capital Debt Service Fund Requirements for the fiscal year commencing July 1, 2005 and ending June 30,
2006 is $57,610,696.
2. The portion of said Capital Debt Service Requirement allocated to the First Collection Period (July 1, 2005
through and including November 30, 2005), is $27,866,978.
3. The portion of said Capital Debt Service Requirement allocated to the Second Collection Period (December 1,
2005 through and including June 30, 2006), is $29,743,628.
4. The First Collection Period portion of the Capital Debt Service Requirement is due and payable during the period
commencing July 1, 2005 and ending December 31, 2005 on the obligations, in the amounts, on the dates, and at the place or
places as set forth below:
Obligation Amount Due Date Due
Serial Bond $2,316,247 July 29, 2005
Serial Bond 469,884 July 29, 2005
Serial Bond 104,976 July 29, 2005
Serial Bond 747,610 July 29, 2005
Serial Bond 2,215,312 Aug. 12, 2005
Serial Bond 45,919 Aug. 12, 2005
Serial Bond 265,531 Sept. 30 2005
Serial Bond 30,660 Sept. 30 2005
Serial Bond 11,475 Oct. 31, 2005
Serial Bond 8,017,837 Nov. 14, 2005
Serial Bond 5,188,340 Nov. 30, 2005
Serial Bond 3,631,114 Nov. 30, 2005
Serial Bond 1,201,910 Nov. 30, 2005
Serial Bond 914,838 Nov. 30, 2005
Serial Bond 2,705,325 Dec. 14, 2005
$27,866,978
M &T Trust, Buffalo, New York HSBC, New York, New York
JP Morgan- Chase, Dallas, Texas Deutsche Bank, New
York, New York HSBC, New York, New York
JP Morgan- Chase, Dallas, Texas M &T Trust, Buffalo, New York
JP Morgan- Chase, Dallas, Texas
JP Morgan- Chase, Dallas, Texas M &T Trust, Buffalo, New York M &T Trust, Buffalo, New York HSBC, New York, New York
JP Morgan- Chase, Dallas, Texas Deutsche Bank, New York, New York M &T Trust, Buffalo, New York
5. The aggregate amount to be deposited by the Director of the Treasury with the M &T Trust Company, Buffalo,
New York, commencing on July 1, 2005 is $27,866,978.
6. The Second Collection Period portion of the Capital Debt Service Requirement is due and payable during the
period commencing January 1, 2006, and ending June 30, 2006, on the obligations, in the amounts, on the dates, and at the
place or places as set forth below:
Obligation Amount Due Date Due
Serial Bond $1,670,864 Jan. 13, 2006
Serial Bond 15,351,247 Jan. 31, 2006
Serial Bond 864,976 Jan. 31, 2006
Serial Bond 2,065,609 Jan. 31, 2006
Serial Bond 2,464,884 Jan. 31, 2006
Serial Bond 720,919 Feb. 14, 2006
Serial Bond 1,910,531 Mar. 31, 2006
Serial Bond 145,660 Mar. 31, 2006
Serial Bond 101,475 April 28, 2006
Serial Bond 1,771,962 May 12, 2006
Serial Bond 981,941 May 31, 2006
Serial Bond 411,420 May 31, 2006
Serial Bond 173,292 May 31, 2006
Serial Bond 366,398 May 31, 2006
Serial Bond 742,450 June 14, 2006
$29,743,628
M &T Trust, Buffalo, New York M &T Trust, Buffalo, New York
JP Morgan- Chase, Dallas, Texas Deutsche Bank, New York, New York HSBC, New York, New York
JP Morgan- Chase, Dallas, Texas M &T Trust, Buffalo, New York
JP Morgan- Chase, Dallas, Texas
JP Morgan- Chase, Dallas, Texas M &T Trust, Buffalo, New York M &T Trust, Buffalo, New York HSBC, New York, New York
JP Morgan- Chase, Dallas, Texas Deutsche Bank, New York, New York M &T Trust, Buffalo, New York
7. The aggregate amount to be deposited by the Director of the Treasury with the M &T Trust Company, Buffalo,
New York, commencing on December 1, 2005 is $29,743,628.
8. Pursuant to Section 202 (b) of said Enabling Resolution, the Director of the Treasury shall deposit the amounts
shown in Section 5 and 7 hereof in the Capital Debt Service Fund held by the Trustee, M &T Trust Company, Buffalo, New
York, immediately upon receipt of any payment of or on account of any City ad valorem property taxes, until the amount
deposited during each Collection Period is equal to the amount shown in Section 5 and 7, respectively.
9. 1 have this day delivered a copy of Certificate Number 1 -05 -96 to the Director of Treasury and to the Fleet Bank,
Buffalo, New York.
IN WITNESS WHEREOF, I have hereunto set my hand this 30th Day of June, 2005.
RECEIVED AND FILED
NO. 8
Certificate of Determination
Item No. 114, C.C.P. 5/3/05
Certificate of Determination by the Comptroller relative to the terms, form and details of sale and issuance of $48,157,457.28
Refunding Serial Bonds - 2005 -13, of the City of Buffalo, New York and providing for their private sale.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
RECEIVED AND FILED
NO. 9
Certificate of Necessity
Increased Appropriation
Fund Balance
Capital Projects
We, Anthony M. Masiello, Mayor and Andrew A. San Filippo, Comptroller, do hereby certify, pursuant to §20 -11 of the Charter,
that an increase in the sum of $165,000 in the estimate for the fiscal year beginning January 1, 2005 is necessary in Capital
Improvements to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The
increase is needed for land acquisition for a firehouse as detailed below. The amount of increased appropriations will be met
from the Unreserved /Designated Fund Balance for Reengineering Agreements. The details of the requirements are set forth
below:
10700096 - 397000 Unreserved /Designated Fund Balance for Reengineering Agreements $165,000
1 21 31 007 - 471 000 Fire - Land Capital Outlay $165,000
RECEIVED AND FILED
NO. 10
Certificate of Necessity
Increased Appropriation
Parking Enterprise Fund Balance Capital Projects
We, Anthony M. Masiello, Mayor and Andrew A. San Filippo, Comptroller, do hereby certify, pursuant to §20 -11 of the Charter,
that an increase in the sum of $1,145,000 in the estimate for the fiscal year beginning January 1, 2005 is necessary in Capital
Improvements to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The
increase is needed for repairs to parking ramps. The amount of increased appropriations will be met from the
Unreserved /Designated Fund Balances for Downtown and Hospital Ramps. The details of the requirements are set forth
below:
FROM
51000000 - 253100
Fund Balance Downtown Ramps $1,000,000
51000000 - 253130
Fund Balance Hospital Ramps $ 145,000
To:
51008207 - 470010
BCAR Capital Expenditures $1,000.,000
51008207 - 470011
General & Gates Hospital Expenditures $ 145,000
RECEIVED AND FILED
NO. 11
Interfund Loan
Fire Apparatus
In the past, the City has provided interfund loans from the City General Fund to The City, Board and Enterprise Capital
Projects Funds to implement financing of the Capital Improvements Budget. The interfund loans are repaid when the Bond
Anticipation Notes or Bonds are issued, to finance these projects.
The Administration has requested that you approve an interfund cash loan from the General Fund to the City's
Capital Projects Fund in the amount of $2.75 Million against the 2004 City Capital Improvements Budget for the Firehouse
Apparatus Resolution's remaining balance of $2.75 Million dollars. The loan will be repaid when Bond Anticipation Notes or
Bonds are issued in May 2006.
From General Fund
T o Capital Projects Fund -Fire app
Account 39210106
Repayment Date May 2006
Total $2,750,000
Pursuant to the City's Capital Budget /Debt Management Policy, subsequent to the approval of the Buffalo Fiscal Stability
Authority, the City intends to issue Bonds in the amount of about $21.7 Million for City Projects during the Fiscal Year
2005/2006. Currently, there are no City Project with" a outstanding interfund loan. If this current request is approved, the City
will be committed to 1 project with Interfund loan amount of $2.75 Million. Therefore, the future projects that can be interfund
loaned or included in the 2005/2006 debt issue will be limited to $18,957,000.
Bonds to be issued Fiscal Year 2005/2006 $21,707,000
(does not include BOE borrowing limit)
Approved Interfund Loans $ 0.00
$ 21,707,000
LESS
Current request' $2,750,000'
Balance available for F/Y 2005/2006 $18,957,000
'Please be advised that once an interfund loan has been approved, the City is committed to the total cost of the project
regardless of the amount advanced.
Mr. Coppola Moved:
That the Interfund Loan from the general fund to Capital Projects Fund — Fire app in amount of $2,750,000, repayment date of
May 2006 is hereby approved.
No. 12
Certificate of Appointment
Appointment Effective: June 27, 2005 In the Department of: Audit and Control Division of: Investment and Debt Management
to the Position of: Assistant Auditor Temporary Appointment Intermediate Starting Salary of: $ 33,715
Last Job Title: Associate Account Clerk Name:
Joanne Milioto 70 Avondale Place Buffalo, NY 14210
REFERRED TO TH ECOMMITTEE ON CIVIL SERVICE
FROM TH E COMMISSIONER OF PUBLIC WORKS
NO. 13
Notification Serial #10026
Install No Left Turn
on Main Street, eastbound
at Willowlawn Street
(Delaware District)
REGULATIONS OF TURNS - 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 part of Section 37 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding thereto the following:
REGULATION OF TURNS
STREET Main Street
AT INTERSECTION Willowlawn Street
HOURS 24 hours -
DIRECTION eastbound
PROHIBITION No Left Turn
This action is being taken on behalf of the property owners along Willowlawn Street and is part of the design of the Main
Street -Phase I I Reconstruction Project.
Notification Serial # 10026
Install No Standing
on N. Carroll Street, west side
between Exchange Street
and Seneca Street
(Ellicott District)
NO STANDING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your
Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as
stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item
business.
That part of Subdivision 22 Section 15 of Chapter
479 of Ordinances of the City of Buffalo be supplemented by adding
thereto the following: NO STANDING
PROHIBITED PORTION OF HIGHWAY
N. Carroll Street, west side between Exchange Street and Seneca Street
PROHIBITED PERIOD
At all limes
Notification Serial # 10027
Install No Standing
on N. Carroll Street, east side
between Exchange Street
and Seneca Street
(Ellicott District)
NO STANDING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your
Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the Ordinances, as
stated below, to be effective forty five days after the first Council meeting at which they appear on the agenda as an item
business.
That part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding
thereto the following: NO STANDING
PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD
N. Carroll Street, east side between Exchange Street and Seneca Street
PROHIBITED PERIOD
At all times
RECEIVED AND FILED
WAIVE 45 DAYS
NO. 14
Abandonment and Sale
Willet Street
Lovejoy District
CCP #76 of 6/31/06
Our department was asked to respond to the above referenced item and has reviewed the proposal to close, abandon and
offer for sale that portion of Willet Street between the Buffalo River Improvement and Seward Street.
Our review revealed that Willet Street, as laid out from Clinton Street to the original location of the Buffalo River, was
dedicated as a public street by the "East Land Company" subdivision, dated 1892, as filed map Cover 422 in the Erie County
Clerk's Office. Subsequently, the Buffalo River was relocated to the north under the Buffalo River Improvement Project
causing an extensive portion of Willet Street to become "land locked ". That portion of Willet Street was closed and abandoned
by the Common Council by Resolution No. 214 of their proceeding of September 26, 1967. That abandonment left a
dedicated portion of Willet Street, approximately 345 feet in length, between Seward Street and the Buffalo River
Improvement.
In 1959, in an effort to attract residential development of the Clinton Street / South Ogden Street area, the City of buffalo
reserved and dedicated an "unnamed" street along the north boundary of the Buffalo River from Willet Street to the southerly
extension of Spann Street. The proposed development has never taken place and the plan has since been abandoned. Willet
Street, south of Seward Street, was meant to provide access to the above - described unnamed public street. The adjoining
portion of Holly Street, south of Seward Street was also meant to perform the same function. Holly Street was closed,
abandoned and offered for sale under Resolution No. 21 of the Common Council Proceedings of January 24, 1995.
Based on the preceding, our department has no objection to the abandonment, closing and proposed sale of this portion of
Willet Street.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 16
Animal Shelter
This Council Communication is being filed in response to the Division of Audit's recent Audit of the Buffalo Animal Shelter.
In response to the Financial Findings as described in this Audit, this department does acknowledge that at the time of the
audit, procedures did not exist for the deposit and payment to New York State Department of Agriculture and Markets for the
Spay /Neuter of Adopted Animals fee pursuant to Article 26, not as a result of any malfeasance on the part of the Animal
Shelter staff but as a result of their not understanding the requirements. Upon notification of our non - compliance, immediate
action by the Accounting Office in conjunction with this department established procedures to remedy this deficiency and put
into place the necessary procedures to ensure deposit of all checks, on a daily basis, and immediate payment to New York
State. This situation has been remedied.
In response to the Operational Finds as described in this Audit, since the adoption of the New City Charter, this department
made several attempts to hire a Veterinary Technician by the posting of the job vacancy, as required by provisions of our
contract with Local 650. We also placed notice of job vacancies in the Buffalo News, and notified several of the local major
Universities and Colleges of the availability of this position. From 1999 until the elimination of the position from the City Budget
on June 30, 2003, we did not receive any qualified applicants. All respondents either did not meet the necessary qualifications
for employment with the City, or the City of Buffalo residency requirement. On July 1, 2003, this vacant position was
eliminated from the Salary Ordinances. It is important to note however, that during this time period, this department contracted
with a Local Veterinary service for the daily and emergency care of the animals sheltered at the Buffalo Animal Shelter.
Payment for this service is included in this department's O &M Budget annually.
As to the limited authority of Dog Control Officers (DCO's), this department fully recognizes the shortcomings of the Dog
Control Officers position in the performance of their duties. As currently described in their job specifications, and by Charter,
limitations are placed on the DCO's that drastically curtail their abilities to perform all of the necessary legal work associated
with carrying out their duties; limitations that do not exist in many of the larger municipalities throughout this state and country.
Placing the Dog Control Officers under the auspices of the Buffalo Police Department would correct
these deficiencies. In so doing, the powers and status of the DCO's could be changed, through proper procedures, to that of
Peace Officers whereby several of the issues brought forth by this audit would be addressed. The issuance of bulletproof
vests and the standardization of firearms would occur through the Buffalo Police Department in compliance with their rules
and regulations governing these issues. By placing the DCO's in the Buffalo Police Department and changing their status to
Peace Officer, the issues regarding Housing Code Violations would also be addressed.
As for the physical limitations of the Shelter, the Shelter was built with Capital Project funds that were available at the time. To
improve the physical structure or conditions of the Shelter, it would necessitate further Capital Funds to improve or replace the
existing building, or a change of venue to a facility that meets the Shelter's needs.
As for the Web Site for Animal Adoption, a web site currently exists for the Buffalo Animal Shelter. Personnel from
Management Information Systems will be training Public Works personnel in the updating of information on that web site.
Once trained, it will be the responsibility of this department to update and maintain the Buffalo Animal Shelter web site. We
expect the training and updating to occur in July of this year.
This department does agree that the physical security at the Shelter can and should be improved. The physical safety and
well being of all employees and the Shelter's assets is paramount to this department. This department will investigate and
incorporate safety precautions that are physically possible.
In response to the Payroll Comments as described in this Audit, several personnel changes over the past three (3) years
contributed to the inaccuracies in the recording of payroll information. The assignment of a more senior, experienced person
to handle the payroll duties was accomplished in March of this year. Immediate remedy to these issues has been
accomplished which should prevent reoccurrence of this nature in the future. The hand scanner will be repaired upon the
availability of Budget Year 2005 -2006 O &M Funds.
In conclusion, this department has reviewed with all seriousness the recommendations set forth in this Audit. All due
consideration will be given to those recommendations and wherever feasible, incorporated, if not already done so.
REFERRED TO THE COMMITTEE ON FINANCE, DIVISION OF AUDIT
NO. 16
Report of Bids
Michigan Avenue Streetscape, 2006
Group #644
Ellicott District
This is to advise your Honorable Body that I have advertised for and received public bids on June 29, 2005 for the Michigan
Avenue Streetscape, 2005, Group 644. This project includes pavement resurfacing, curbs, sidewalks, street lighting, signs
and landscaping on Michigan Ave., Nash St., Arsenal PI., and Mark St.
The following bids were received:
Contractor Total Bid Price
Destro & Brothers Concrete Company, Inc. $748,330.00
411 Ludington Street
Buffalo, NY 14206
Scott Lawn Yard, Inc. $838,440.00
5552 Townline Road
Sandborn, NY 14132
E & R General Construction $899,858.00
38 St. Davids Drive
West Seneca, NY 14224
Armand Cerrone, Inc. $920,694.50
4625 Witmer Road
Niagara Falls, NY 14305
Kandey Company $1,012,624.00
100 Stradtman Street
Cheektowaga, NY 14206
1 hereby certify that the lowest responsible bidder for the above project is Destro & Brothers Concrete Company, Inc. with a
base bid amount of $748,330.00. 1 respectfully recommend that Your Honorable body authorize a contract award to Destro &
Brothers in the amount of $785,746.50 ($748,330.00 Base Bid + 5% Unit Price Increase of $37,416.50.00 equals
$785,746.50). The engineer's estimate for this work is $750,000.00 and funds for this project will be available in Capital
Project Account #38310506.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated July 6, 2005, be received
and filed; and
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the
Michigan Avenue Streetscape, 2005, Group 644, to Destro & Brothers Concrete Company, the lowest responsible bidder, in
the amount of $785,746.50 ($748,330.00 Base Bid + 5% Unit Price Increase of $37,416.50 equals $785,746.50). Funds for
the project are available in Capital Project Account #38310506.
PASSED
AYES — 9 NOES — 0
NO. 17
Report of Bids
Squaw Island Park Entrance
North District
This is to advise your Honorable Body that I have advertised for and received public bids on July 6, 2005 for the Squaw Island
Park Entrance. This project includes pavement resurfacing, curbs, sidewalks, street lighting, entrance signage, decorative
railing and landscaping for the Squaw Island Park Entrance on Niagara Street at the CN Rail Bridge.
The following bids were received:
Contractor Total Bid Price
STS Construction of WNY, Inc. $298,000.00
3586 California Road
Orchard Park, NY 14127
Donald J. Braasch $378,000.00
1661 Lakeview Road
Lakeview, NY 14085
Scott Lawn Yard, Inc. $385,000.00
5552 Townline Road
Sanborn, NY 14132
Strock Contracting, Inc. $429,440.00
2095 Old Union Road
Cheektowaga, NY 14227
JP Construction of New York, Inc. $449,600.00
1167 Clinton Street
Buffalo, NY 14206
1 hereby certify that the lowest responsible bidder for the above project is STS Construction of WNY, Inc. with a base bid
amount of $298,000.00. 1 respectfully recommend that Your Honorable body authorize a contract award to STS Construction
in the amount of $327,800.00 ($298,000.00 Base Bid + 10% Unit Price Increase of $29,800.00 equals $327,800.00). The
engineer's estimate for this work is $250,000.00 and funds for this project will be available in Capital Project Account
#30335106 and 31548906.
$100,000.00 of the project costs are being provided thru a N.Y. State Multi Modal Grant secured by Assemblyman Sam Hoyt.
Permission is also requested to accept the State Grant and deposit funds into our Capital Project Account #31548906.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated July 6, 2005, be received
and filed; and
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the
Squaw Island Park Entrance, to STS Construction of WNY, Inc., the lowest responsible bidder, in the amount of $327,800.00
($298,000.00 Base Bid + 10% Unit Price Increase of $29,800.00 equals $327,800.00). Funds for the project are available in
Capital Project Account #30335106 and 31548906.
PASSED
AYES — 9 NOES — 0
NO. 18
CHANGE IN CONTRACT
DELAVAN FILLMORE FIRE STATION
CONSTRUCTION
JOB #0433
MASTEN DISTRICT
I hereby submit to Your Honorable Body the following changes for the Delevan Fillmore Fire Station, Construction, HVAC
Work, Parise Mechanical, Inc., C #92010968).
1. Extend the radiant tube heater in the apparatus bay from 50 feet long to 60 feet long. Add $ 201.00
The foregoing change results in a net increase in the contract of Two Hundred One and 00/100 Dollars ($201.00).
Summary: Current Contract Amount $174,300.00
Amount of this Change Order ( #1) Add 201.00
Revised Contract Amount $174,501.00
Costs have been reviewed by the Consulting Architect (Foit Albert Associates) and the Department of Public Works, Parks &
Streets and were found to be fair and equitable. Funds for this work are available in 30062206 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 23, 2005, 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 Parise Mechanical, Inc., an increase in the amount of $201.00, as more fully described in the above communication,
for work relating to Job No. 0433, Delavan Fillmore Fire Station Construction, C #92010968. Funds for this project are
available in 30062206 445100 - Division of Buildings.
PASSED.
AYES -9. NOES -0.
NO. 19
CHANGE IN CONTRACT
ELMWOOD HERTEL FIRE STATION
CONSTRUCTION
JOB #0436
NORTH DISTRICT
I hereby submit to Your Honorable Body the following changes for the Elmwood Hertel Fire Station, Construction, Electrical
Work, Tunney Electric, C #92010969.
1. Install two (2) fire alarm pull stations. Add $ 1,506.00
The foregoing change results in a net increase in the contract of One Thousand Five Hundred Six and 00/100 Dollars
($1,506.00).
Current Contract Amount $176,669.00
Amount of This Change Order ( #1) Add 1,506.00
Revised Contract Amount $178,175.00
Costs have been reviewed by the Consulting Architect (Carmina & Wood, PC) and the Department of Public Works, Parks &
Streets and were found to be fair and equitable. Funds for this work are available in 30062306 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 5, 2005, 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 Tunney Electric, an increase in the amount of $1,506.00, as more fully described in the above communication, for
work relating to Job No. 0436, Elmwood Hertel Fire Station Construction, C #92010969. Funds for this project are available in
30062306 44510000 - Division of Buildings.
AYES- BONIFACIO, CONRAD, COPPOLA, DAVIS, FONTANA, FRANCZYK, RUSSELL, THOMPSON -8.
NOES - GOLOMBEK -1.
NO. 20
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 of WNY, Inc., C #92010833.
1. Add work required for wide duct /narrow duct and dehumidifier ductwork openings. Add $13,967.27
The foregoing change results in a net increase in the contract of Thirteen Thousand Nine Hundred Sixty Seven and 27/100
Dollars ($13,967.27,506.00).
Summary: Current Contract Amount $3,055,952.33
Amount of This Change Order ( #6) $ 13,967.27
Revised Contract Amount $3,069,919.60
Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, Architect) 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 an increase in the amount of $13,967.27 for the Job #0324 for Patrick Development of WNY. Funds available in
Acct. #37320306445100, Division of Buildings, is hereby approved.
PASSED.
AYES -9. NOES -0.
NO. 21
DISPOSAL FEES FOR EAST SIDE TRANSFER STATION
I recommend that Chapter 175, Fees, Section 216 -15, Collection and Disposal Charges be amended to read as follows:
Refuse material acceptable to the Commissioner of Public Works, Parks and Streets, as described in Chapter 216,
generated in the City, disposed at City disposal site Person residing in, or doing business in City (except licensed waste
collectors or contractors): No charge for I ton /year. $40.50 per ten plus fuel adjustment charge as per City disposal
contract, for anything over 1 ton per year.
Non - residents of the City: $43.50 per ton plus fuel adjustment charges as per City disposal contract.
Any county, village, town or city
Under contract with Modem Landfill: $1.50 /ton
Not under contract with Modern Landfill: as negotiated with Commissioner of Public Works, Parks and
Streets
REFERRED TO THE COMMITTEE ON LEGISLATION AND CORPORATION COUNSEL.
NO. 22
CERTIFICATE OF APPOINTMENT
Appointment Effective 6/13/05 in the Department of Public Works, Parks & Streets, Division of Engineering, to the position
of Bridge Operating Engineer, Permanent, at the Maximum Starting Salary of $31,170.
Randall Filppone
166 Brinton Street
Buffalo, NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 23
CERTIFICATE OF APPOINTMENT
Appointments Effective 6/13/05 in the Department of Public Works, Parks & Streets, Division of Engineering, to the
position of Bridge Operating Engineer,
Permanent, at the intermediate starting salary of $29,401.
Christopher Evans 196 North Street Buffalo, NY 14201
Daniel Maloney 51 Trowbridge Street Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 24
CERTIFICATE OF APPOINTMENT
Appointment Effective: 7/1/05 in the Department of Public Works, Division of Streets to the Position of Supervisor of Street
Sanitation I, Provisional
Promotion, at the Intermediate Starting Salary of $31,132.
Alan Majewski 215 Vanderbilt St. Buffalo, NY 14206
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF POLICE
NO. 25
APPROVAL TO PURCHASE VEHICLES ACCORDING TO ADOPTED BUDGET
Per the adopted 2005/2006 fiscal year budget, the Buffalo Police Department hereby requests permission from your
honorable body to begin the purchase process for the following vehicles:
45 marked police cruisers - crown victoria's
6 unmarked crown victoria's
3 marked SUV's
1 4 X 4 tow truck
All of the above purchases will replace older vehicles that have already been removed from the fleet (through auction or
as parts cars) or those that will be removed in the near future.
If you have any questions or concerns, please contact Chief Richard Ortiz at 851 -5181.
Thank you in advance for your cooperation and expediency in addressing this matter.
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 26
CREATE POLICE QUALITY OF LIFE SQUAD.
ITEM #150, C.C.P. JUNE 28, 2005
Regarding the aforementioned resolution, the Buffalo Police Department is currently reviewing said resolution.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 27
COMPUTER LINK FOR REGISTERED SEX OFFENDERS.
Letter was illegible when scanned. Copy available in Clerk's Office.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 28
CITY OF BUFFALO, POLICE DEPARTMENT
REQUEST FOR COMMENTS /RECOMMENDATIONS
RE: D. FOLEY -WNY COMPUTING SYSTEMS -
POLICE DEPT. RFP- ITEM #63, C.C.P. 6/28/05)
Pursuant to your Honorable Body's request for comments and /or recommendations dated June 29, 2005 regarding Item
#63, C.C.P. 6/28/05, the Buffalo Police Department submits the following response:
In reviewing the documentation submitted to the Common Council by David Foley of Synergy Global Solutions, 1 find that
his comments about supplying the "premier product" and the spreadsheets prepared and submitted by him, fail to present
a case for altering the Department's RFP award. As we analyzed our options, factors such as cost, functionality and work
environment were considered and that analysis led us to award the RFP to PCI.
It's particularly disturbing that Mr. Foley prepared a spreadsheet that does not represent their actual bid for Attachment D.
Synergy's actual bid for Attachment D was $63,874, but they represent the bid as $35,000 based on after -the fact
assumptions. If we were to allow for the manipulation of bids following their submission and opening, there would be no
need to have a bidding process in place.
The RFP allowed vendors the opportunity to bid on four different solutions that would allow information sharing among the
Police and Fire Departments. Synergy chose to bid on two, of which neither was the solution that the Department opted to
enlist. During a follow -up meeting to the bid award, Mr. Foley made it clear that Synergy chose a bidding strategy that did
not include a bid for two of the solutions that the Department requested to have bids submitted.
The Department has taken part in the review procedures, which are required following the protest of a bid award. During
that time, we provided clear and transparent information that explained our rationale for the decision made. We provided
information that was clearer than that which has been provided by Mr. Foley. Three independently elected officials, the
Mayor, Council President and Comptroller posed several questions about the details of the project and their subsequent
vote affirmed our award decision.
The Buffalo Police Department made a decision that will set the stage for interoperable communications between the
Police and Fire Departments. A great deal of time and effort has been expended to reach this point and the Urban Area
Security Initiative Grant that will fund the bulk of this project is going to expire in the very near future, I would like to make
it clear, at this time, that we cannot afford delays in the initiation of our project and I will continue to move forward
considering that the formal review process has been completed as required by the City's Charter.
If you have any questions or concerns regarding this matter, kindly contact me at 851 -5181.
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 29
CITY OF BUFFALO, POLICE DEPARTMENT
RE: QUALITY OF LIFE CRIMES & THE
FORMATION OF A "QUALITY OF LIFE
SQUAD
In the most recent weeks, there has been great attention given to quality -of -life issues and its impact on the residents of
the City of Buffalo. During this time, it has been suggested that the Buffalo Police Department has not been diligent in its
efforts to quell those problems and it has been suggested that the Department form a "Quality -of -Life Squad ".
The Department has always placed the needs of the City's residents in the forefront of any and all crime - fighting
strategies. This ideal is evidenced in several actions we have taken, such as our re- institution of the Homicide Squad,
which has led to an increase in solvability rates; collaboration with the New York State Police for a summer initiative that
has resulted in numerous arrests and NYS Vehicle & Traffic Law summonses; and other targeted initiatives. These
actions have resulted in increased public confidence and cooperation.
It is particularly noteworthy, that the Department has accomplished these aforementioned initiatives during a time when
we have had to compensate for the reduction of services provided by other agencies. The effects of Erie County's fiscal
crisis has directly impacted the Department, because it resulted in the Erie County Sheriffs Department reducing its
Narcotics Squad which primarily concentrated its efforts within the City. The same is true of the handling of Housing
Warrants and the background investigations for pistol permits. The Department now provides the services, because it is
necessary and is in the best interest of the City's residents.
As of July 1, 2005, the Department has acquired the responsibility for investigating bank robberies, a function that the
Federal Bureau of Investigation has traditionally performed. As you are well aware, on that same date, the Department
has taken full responsibility for providing
RECEIVED AND FILED
police services to the Buffalo Municipal Housing Authority (BMHA) complexes. The BMHA housing areas generate
approximately 7700 calls for police service annually that were primarily answered by the BMHA Police.
The Department continues to experience an ever - increasing list of duties and tends to those duties successfully by
maximizing the utility of its resources. However, in order to provide the residents with a "Quality of Life Squad," there
should be an expectation of a fiscal and /or service impact in other areas of police services. Our initial fiscal analysis of the
formation of a "Quality of Life Squad," find that a squad consisting of five (5) police officers, one (1) lieutenant and one (1)
report technician, which would be our initial recommendation if a squad must be formed, carries a cost of approximately
$568,000. This analysis does not factor the costs associated with additional related equipment requirements, such as
vehicles.
It is my opinion that the goal of providing Buffalo's citizens a greater quality of life can be met in a less restrictive manner
than adding a separate squad to the Department. Recently, I have assured the residents that I am committed to meeting
their needs with regards to the quality -of -life issues and as history reflects, I have met the challenge of providing quality
service to the residents fur several years by working with them and listening to their concerns.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 30
DRUG ASSET FORFEITURE CHECKS RECEIVED
ITEM NO. 104, C.C.P. 2/2/88
8155- 00122413C2 -03 -0084 $ 853.54
8155- 00122513C2 -05 -0013 6,554.89
8150- 00122545C2 -04 -0150 892.41
8155- 00122595C2 -05 -0034 1,691.29
8155- 00122626C2 -05 -0008 20,823.35
TOTAL $30,815.48
The Drug Enforcement Administration (DEA) has administratively forfeited the above referenced property. The checks
were received by this Department and duly deposited in the Trust & Agency Account, #20010000 - 389001. These funds
will be placed into one or more of the following accounts as deemed by the Commissioner of Police:
Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and
Computers, Electrical Surveillance, Purchase of Services, 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.
NO. 31
RETURN FROM LEAVE OF ABSENCE
M. VASQUEZ
Police Officer Marcelino Vazquez assigned to the B District, returns from his medical leave of absence without pay
effective July 1, 2005.
NO. 32
FOOD STORE LICENSE
2141 DELAWARE (DELAWARE)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Food Store License located at 2141 Delaware and find that as to form is correct. I have caused an
investigation into the premises for which said application for a food store license is being sought and according to the
attached reports from the Zoning Office, Fire Department, Building Inspections (see Certificate of Compliance), Police
Department and Collections Office I find it complies with all regulations and other applicable laws. This request is
submitted for your approval or whatever action you deem appropriate.
Mr. Coppola moved:
That the above communication from the Commissioner of Permit and Inspections Services dated June 30,
2005, be received and filed; and
That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and
he hereby is authorized to grant a Food Store License to Michael Bellomo, located at 2141 Delaware Avenue.
PASSED.
AYES -9. NOES -0.
NO. 33
FOOD STORE LICENSE
1326 EAST FERRY (LOVEJOY)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Food Store License located at 1326 East Ferry and find that as to form is correct. I have caused an
investigation into the premises for which said application for a food store license is being sought and according to the
attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I
find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever
action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 34
FOOD STORE LICENSE
216 GRANT (NIAGARA)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Food Store License located at 216 Grant and find that as to form is correct. I have caused an
investigation into the premises for which said application for a food store license is being sought and according to the
attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I
find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever
action you deem appropriate.
Mr. Coppola moved:
That the above communication from the Commissioner of Permit and Inspections Services dated June 30,
2005, be received and filed; and
That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and
he hereby is authorized to grant a Food Store License to Ali Mohamed, located at 216 Grant Street.
PASSED
AYES -9. NOES -0.
NO. 35
SECOND HAND DEALER
117 GRANT ST. (NIAGARA)
Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Second Hand Dealer License located at 117 Grant St and find that as to form is correct.
I have caused an investigation into the premises for which said application for a second hand dealer license is being
sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it
complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the
moral character of Jamila Arroyo.
The attached thereto for Jamila Arroyo d /b /a/ Grant St. Communication & Jewelry. This request is submitted for your
approval or whatever action you deem apprppriate.
Mr. Coppola moved:
That the above communication from the Commissioner of Permit and Inspections Services dated June 29, 2005 be
received and filed; and
That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspections Services be, and he hereby is
authorized to grant a Second Hand Dealer license to Jamila Arroyo d /b /a Grant St. Communications & Jewely located at
117 Grant Street.
PASSED
AYES -9. NOES -0.
NO. 36
SECOND HAND DEALER
319 HAMPSHIRE (NIAGARA)
Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Second Hand Dealer License located at 319 Hampshire and find that as to form is correct. I have caused
an investigation into the
premises for which said application for a second hand dealer license is being sought and according to the attached
reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other
applicable laws. I have caused an investigation by the Police Department into the moral character of Magdalene Nati. The
attached thereto for Magdalene Nati d /b /a South Pine Ridge Appliances. This request is submitted for your approval or
whatever action you deem appropriate.
Mr. Coppola moved:
That the above communication from the Commissioner of Permit and Inspections Services dated July 6, 2005
be received and filed; and
That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspections Services be, and he
hereby is authorized to grant a Second Hand Dealer license to Magdalene Nati d /b /a South Pine Ridge Appliances
located at 319 Hampshire Street.
PASSED.
NO. 37
USED CAR DEALER
334 ABBOTT (SOUTH)
Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Used Car Dealer License located at 334 Abbott and find that as to form is correct. I have caused an
investigation into the premises for which said application for a used car dealer license is being sought and according to
the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all
regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of
John Mariano & Michael Cardamone. The attached thereto for John Mariano & Michael Cardamone d /b /a Heritage Auto.
This request is submitted for your approval or whatever action you deem appropriate.
Mr. Coppola moved:
That the above communication from the Commissioner of Permit and Inspections Services dated June 24,
2005, be received and filed; and
That pursuant to Chapter 254 of the City Code, the Commissioner of Permit and Inspections Services be, and
he hereby is authorized to grant a Used Car Dealer license to John Mariano & Michael Cardamone d /b /a Heritage Auto,
located at 334 Abbott.
PASSED
AYES -9. NOES -0.
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
No. 38
Auction Vehicle for City Use
This is to request authorization for the Division of Parking Enforcement to takeover use of a 1998 Chevy S- 10 pick -up
truck, property number 101304,002,JMA, for use by our meter repair section.
The owner never removed the vehicle after paying towing and storage fees and all parking violations on October 22,
2004. Notices were sent on December 27, 2004 and January 26, 2005 to advise the owner that the vehicle would be sold
at auction if additional storage charges were not paid.
The vehicle remains unclaimed and may now be sold at public auction or converted to official use pursuant to the New
York State Vehicle and Traffic Law. This vehicle will not be a take home vehicle.
Mr. Coppola moved:
That the above communication from the Division of Parking Enforcement dated June 24, 2005, be received and filed; and
That the Division of Parking Enforcement be and he hereby is authorized to takeover use of an unclaimed 1998 Chevy S-
10 pick -up truck, property number 101304,002, JMA, for use by the meter repair section.
PASSED
AYES — 9 NOES — 0
NO. 39
"Buffalo Water Board - Request Amendment
Operation Agreement
(Item #33, CCP June 14, 2005)
The Water Board is requesting relief from the annual payment due the City of Buffalo. The Water Board believes that this
payment is excessive, punitive and results in higher water rates than would be the case absent this payment.
When the Water Board purchased the system from the City, the Board incurred a $25 million debt (the sale price of the
system) while it continued to pay the City's old General Obligation debt service and provide the City with free water. In
addition, the Board was mandated by the State DEC to meter the system, having lost its grandfather exemption upon the
sale of the system. On top of this the Board was forced to enter into a $131 million capital improvement plan (now $200
million) that forces increases in water rates each year. Given these costs, the Water Board believes its annual payment to
the City for direct /indirect costs and a payment in lieu of taxes (PILOT) should be reduced in order to control water rates.
While there is merit to the Water Board's position, the City General Fund and the City's BFSA approved four -year plan
depend on this annual payment. In the current year the Common Council agreed through the annual budget process to
waive the 5 percent annual growth on the payment. The City's four -plan continues this initiative holding the payment flat at
$4,672,175 per year through 2008 -09. But for this initiative, the payment would have grown by over $1 million to
$5,679,058 by 2008 -09 and adding at least 4 percent to the water rate. Any reduction in this payment would have to be
offset in the General fund and four -year plan by another revenue or a concomitant cost reduction.
I trust this addresses your inquiry.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 40
D. Foley, WNY Computing Systems -- Info. - Police
Dept. RFP -Info. Tech. Network Support, etc."
(Item #63, CCP 6/28/05)
As you may be aware, this contract has been awarded to PCI, Inc. The award was challenged and subsequently reviewed
by the Board of Review. It was the decision of the Board of Review to uphold the award to PCI, Inc. in the best interest of
the City. See the attached letters from the Board of Review to Mr. Foley of Synergy Global Solutions and Ms. Schultz of
Vireo Solutions. I have also attached a letter from Chief Ortiz along with several spreadsheets he developed to analyze
the best proposal for the City. It was the opinion of the Police Department and the Board of Review that implementing a
new system would cost significantly more in terms of training and disruption to the Department's work flow than staying
with our current software package.
I trust this satisfies your inquiry.
REFERRED TOT HE COMMITTEE ON FINANCE
FROM THE BOARD OF EDUCATION
NO. 41
REQUEST FOR AN ALTERNATIVE HIGH SCHOOL
Item no. Res # 159, C.C.P. June 28, 2005
TEXT: The Buffalo City School District closed its' Alternative High School due to a negative standing under the New York
State Education Accountability System. The population of students in need of this type of program often present academic
challenges as well as poor social behaviors.
The Opportunity Centers support all students in need of intervention, both long and short term support. The Opportunity
Centers model much of what the Alternative High School had to offer with the exception it is a program model of support
versus a high school.
The Common Council request for an Alternative High School for these types of students is not possible at this time due to
the State Accountability System. What is more important is that we expanded programs and support that addresses the
needs of this population. We will be revisiting our Opportunity Programs and where needed shoring them up with
additional support.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION
FROM THE CITY CLERK
NO. 42
LIQUOR LICENSE APPLICATIONS
Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage
Control Board.
Address Business Name Owner's Name
830 Abbott Rd. Doctors Pizza Sports P. J. Kelleher
Bar & Grill
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:
Police -V. Demps, L. Redmond, S. Brown
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. 46
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
I transmit herewith appointments to the position of Council Inter.
Mr. Coppola moved the approval of the appointments to the position of Council Intern.
ADOPTED.
Appointment Effective July 1, 2005 in the Department of Common Council to the position of Intern V, Seasonal, Non -
Competitive, at the flat starting salary of $8.00 hr.
Caitlin V. Bogucki 15 Wasson Street Buffalo, NY 14210
Filecellia Sampson 123 Berkshire Ave. Bffl., NY 14215
Appointments Effective July 1, 2005 in the Department of Common Council to the position of Intern IV, Seasonal, Non -
Competitive, at the flat starting salary of $6.00 /hr.
Katie L. Tripp 31 Gorski Street Buffalo, NY 14206
Jeffrey Bowens, 11 45 McCarthy Street Buffalo, NY 14211
Matthew Cooley 44 Hayden St. Buffalo, NY 14210
Gregory M. Johnson 26 Courtland Ave. Buffalo, NY 14215
Appointments Effective July 6, 2005 in the Department of Common Council to the position of Intern IV, Seasonal, Non -
Competitive, at the flat starting salary of $6.00 /hr.
Gwendolyn Neal 152 Warwick Ave. Buffalo, NY 14215
Jasmine Wofford 46 Pansy Place Buffalo, NY 14208
Alexandrea White 84 Avery Ave. Buffalo, NY 14216
Felicia Towns 17 Daisy PI. Buffalo, NY 14208
Prescious Scott 330 Florida St. Buffalo, NY 14208
Martin Russell 10 Blaine Ave. Buffalo, NY 14208
Lena Reeves 719 Woodlawn Ave. Buffalo, NY 14211
Theresa Mingo 87 Haynard St. Buffalo, NY 14204
Dominique Matthews 164 Roebling Ave. Buffalo, NY 14215
Eugene Jackson 79 Marshall St. Buffalo, NY 14211
Monteiro Hinkle 19 Donaldson Rd. Buffalo, NY 14208
Jazlyn Exum 116 Bame Ave. Buffalo, NY 14215
Te'Anna Coplin 198 Berkshire Ave. Buffalo, NY 14215
Jermaine Clemons 329 Cambridge Ave. Buffalo, NY 14215
Kendra Campbell 44 Castle Ave. Buffalo, NY 14215
Sebalena Brown 16 Barthel St. Buffalo, NY 14211
Franklin Bennett 244 Oxford Ave. Buffalo, NY 14209
Appointment Effective July 6, 2005 in the Department of Common Council to the position of Intern V, Seasonal, Non -
Competitive, at the flat starting salary of $8.00 /hr.
John Michael Mulderig 56 Eaglewood Ave. Buffalo, NY 14220
Marren McFarlane 38 Eaglewood Ave. Buffalo, NY 14220
Richard Kobis 229 Geary St. Buffalo, NY 14210
Meghan Donohue 132 Densmore Ave. Buffalo, NY 14220
Caitlin Donohue 132 Densmore Ave. Buffalo, NY 14220
NO 46
NOTICES OF APPOINTMENTS - SEASONAL /FLAT
I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various
departments.
RECEIVED AND FILED.
Appointment Effective June 21, 2005 in the Department of Public Works, Parks & Streets, Division of Streets, to the
position of Laborer II, Seasonal, at the starting salary of $8.15/hr.
Thomas Callea 197 Norwalk Avenue Buffalo, NY 14216
Appointment Effective June 27, 2005 in the Department of Public Works, Parks & Streets, Division of Buildings, to the
position of Laborer II, Seasonal, at the starting salary of $8.15/hr.
Brandon Ford 33 Lawrence Place Buffalo, NY 14213
NO. 47
APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT
I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or
Permanent) (as per contract requirements.)
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
Appointment Effective 6/20/05 in the Department of Public Works, Engineering, to the position of Laborer II, Temporary,
Non - Competitive, at the Minimum Starting Salary of $24,420.
Jeremiah Adamczyk
98 Putnam
Buffalo, NY 14213
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
NO. 48
REQ INCLUSION OF TIFFT MATURE PRESERVE AS NEW YORK STATE PARK
The current fiscal crisis in Erie County has been extremely damaging to the Western New York
area. Tiffi Nature Preserve is one of many great assets in Western New York and due to the fiscal crisis funding for the
Preserve has been cut considerably. Currently the City of Buffalo holds ownership, however Erie County funds the cultural
institutions throughout the City of Buffalo.
Tifft Nature Preserve is a 264 -acre environmental sanctuary for plants and animals, in addition to an educational gem.
The current situation would only allow the educational center on site to be open for programming days, otherwise the
cabin would then be closed to the public when programming is not occurring. This would be a tremendous loss for the
Preserve and community.
I respectfully request your consideration to include Tiffi Nature Preserve as a New York State Park. The New York State
Parks, Recreation, and Historic Preservation currently has the necessary resources to maintain, staff, and build off the
endless potential of the site.
I applaud you for your recent creation of Two Rivers State Park in Tioga County and hope you would consider Tiffi Nature
Preserve for this distinct honor. Tiff Nature Preserve would be a great asset to the New York State Park's system and
would be a great addition for the proposed outer harbor State Park.
Thank you for your time and consideration on this important matter. Please feel free to contact me directly, (716) 851-
5169, if you have any questions or require any additional information on the Titff Nature Preserve.
RECEIVED AND FILED
NO. 49
Board Packet Documents
Attached are the following documents from the June 20, 2005 Joint Schools Construction Board Meeting:
1. Draft Agenda
2. Meeting Minutes from JSCB Meeting dated May 16, 2005
3. Application and Certificate for Payment No. 34 - May 2005
4. Phase II Application and Certificate for Payment No. 8 - May 2005
5. Phase II Procurement Schedule
6. Bevlar & Associates Inc. Construction COhttact Monitoring and Compliance Services
Monthly Report for Addendum 1 Project - April 2005
7. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services
Monthly Report for Addendum 1 Phase 1 /Project - April 2005
8. 2005 JSCB Inclusion Committee Meeting Schedule
9. LPCiminelli Summary of Minority and Women Business Contracting - Phase I
• Team Progress Report - May 2005 (ATTACHED)
• Bevlar & Associates Professional Services Audit (ATTACHED)
RECEIVED AND FILED
NO. 50
RE: Housing Court Liaisons
I wish that I could be with all of you today, but it is necessary for me to attend our annual Judicial Training in Rochester.
Thank you for your kind sentiments, but many others deserve much of the credit for our attempts to make Housing Court
more responsive to the need,' of Buffalo's residents.
Most of the positive changes in Housing Court came about only with the cooperation of the Department of Permit and
Inspection Services. Indeed, several new procedures were developed solely because of suggestions or extra efforts by
individual inspectors. For example, Inspector Robert Barrali single - handedly changed the way the Court handles owners
who must demolish their properties, resulting in a greater number of private demolitions, which arc; completed more
quickly and at the owners' expense. Inspector Tracy Krug has worked hard to severely curb Internet flipping of properties,
by reacting swiftly and immediately to bring these cases to Court and force the sellers to either remedy violations on the
properties or face fines in excess of their profits. There are many other examples of truly superb work by our inspectors,
and I hold every inspector that I see regularly in court in the highest regard.
Some of the changes in Housing Court, such as the use of community liaisons, had been forced upon the inspectors
without prior consultation- the reason for this was that the liaisons' role grew in importance gradually, and evolved over
time from simply taking loan applications to representing their neighborhoods in court and working on many different
issues. And they continue to evolve to serve the needs of the court and the community.
I am confident that with clearer identification of their duties and strong communication, the liaisons can continue to serve
the needs of their neighborhoods without negatively impacting the work of our inspectors. We are well on our way to
establishing positive cooperation, and many of the liaisons can attest that they already have developed productive
relationships with their inspectors. But the Inspections Department deserves just as much credit for that cooperation as
Housing Court, and I expect it to flourish in the future as we continue to Work together.
Thank you for considering my comments.
RECEIVED AND FILED
No.51
Request for tree removal at 538 Madison Street
Please file the attached correspondence for the upcoming Council Session to be held on Tuesday, July 12, 2005 for
further discussion.
Thank you in advance for you assistance in this matter.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS AND CORPORATION
COUNSEL
No. 52
Traffic Concerns at Cottage Street / Husdon
Street /Plymouth Avenue Intersections
We respectfully request your assistance in resolving a significant neighborhood safety concern at the above -noted
intersection. We would like to design and install an approved traffic calming devices at strategic residential locations in
order to reduce the level of noise pollution and increase safety conditions created by accelerating vehicles.
When vehicles accelerate too quickly the noise pollution produced has a negative effect on residential quality of life. For
example, where Plymouth Avenue begins at Hudson Street (both are one -way streets), there is a tendency for vehicles
(whether private, public or commercial) to accelerate too quickly thus creating the negative conditions of increased noise
pollution (the engine's noise decibel level increases to higher than an acceptable level) as well as creating a safety risk.
Many young children live in the neighborhood and are at a higher risk at this and other similar intersections with
accelerating vehicles sliding uncontrollably off the street, due to icy conditions, wet leaves or other compromised
conditions.
We believe well designed and located traffic calming devices will resolve this concern and create conditions where there
is a decrease in noise pollution and increased safety conditions. It may be that this concern is similar to other
neighborhoods.
We hope that we can resolve this concern and that it might be a model to
resolve the negative impact of noise pollution and safety concerns in
other neighborhoods as well. We will contact you in order to determine the best way to proceed. In the meantime, please
don't hesitate to contact us if you have any questions. Thank you for your continued support.
REFERRED TO THE FCOMMITTEE ON LEGISLATION AND COMMISSIONER OF PUBLIC WORKS
NO. 53
Progress On the Proposed Baso Pro /Memorial
Auditorium Rehabilitation Project
The Aud and its immediate surroundings are ugly and in disrepair. (See Appendix). As part of the Bass Pro project, all
possible steps should be taken to enhance the look of the Aud and surrounding area. If done right, the conversion of the
Aud into a Bass Pro Outdoor World store can be part of a grand waterfront gateway into the City of Buffalo, and a tourist
destination for decades to come.
Ideally, the entire Erie Canal terminus area, including Bass Pro, would benefit greatly from the removal of the Skyway,
and its replacement with an at -grade draw or lift bridge crossing.
The recent announcement that the City of Buffalo —s moving forward with plans to re- introduce vehicular traffic to Main
Street is also a positive development in the immediate vicinity of the Aud.
CONCLUSION AND CAVEATS
The Western New York Coalition for Progress supports the use of public money, as detailed in the MOU, to make
improvements to public infrastructure in order to lure Bass Pro Outdoor World, LLC to Buffalo's Memorial Auditorium.
While we support this project, we do not look at it as a silver bullet that will save downtown Buffalo. Instead the members
of the Western New York Coalition for Progress support this project because it is a very important step forward in the
redevelopment of downtown Buffalo and its adjacent inner harbor. If done right, the spin -off development resulting from
the Bass Pro project will more than pay for the initial public infrastructure investment.
While it would be more desirable for Bass Pro to fund the entire project on its own, this particular deal involves the use of
public money for the improvement of public assets, rather than a direct incentive to Bass Pro.
Therefore, the Western New York Coalition for Progress supports the Bass Pro project as detailed in the MOU, with the
following caveats:
1. That the success of Bass Pro in particular, and the inner harbor in general, would be greatly enhanced if the Skyway
was removed and replaced with an at -grade lift or drawbridge crossing, or similar alternative;
2. That the project take into account the walkability of the area surrounding the Aud, and ensure that pedestrians have a
safe, convenient, and aesthetically pleasing way to reach nearby shops, businesses, and restaurants;
3. That Bass Pro employees receive good benefits and remuneration for their services and expertise;
4. That efforts be made in the final agreement to minimize the risk that Bass Pro abandons the Aud project before its
lease expires;
5. That efforts be made to secure payments in lieu of taxes (PILOT) or a ground rent from Bass Pro in consideration for its
lease of the Aud at very favorable terms.
6. That Bass Pro actually spends the $57 million as pledged in the MOU.
7. To spur development and shopping in the downtown corridor, the Erie County Legislature, in conjunction with any
necessary approval of the state legislature, might consider waiving a portion of the county sales tax generated for any
sales made in a specially designated downtown shopping district.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 54
Re: Time Warner Cable - FCC Form 394
As you know, FCC Forms 394 have been delivered to the City of Buffalo in connection with two transactions whereby the
cable system serving Buffalo currently operated by Adelphia Communications Corporation will be assigned to an indirect
wholly -owned subsidiary of Comcast Corporation and then, pursuant to an Exchange Agreement, the new cable
franchisee will become an indirect subsidiary of Time Warner Cable inc. Our records indicated that the package was
received on June 16, 2005. Per your request, we are forwarding to your attention an additional set of FCC Forms 394
(original and 2 copies) in connection with these transactions.
Please call with any questions.
REFERRED TO THE COMMITTEE ON LEGISLATION, OFFICE OF TELE COMMUNCIATIONS
NO. 55
Rehab Grant Street Bridge / Rte 198
& Scajaquada Creek, City of Buffalo
This is to advise you that the completed work on the above -noted contract was officially accepted by the New York State
Department of Transportation on June 14, 2005.
As per the Project Plans for D259335, Sheet No. 7:
After acceptance of this contract, the State will resume maintenance of the bridge. All public intersecting roads, highways,
or streets not on the State highway system shall be maintained by the agency or local unit of government having
jurisdiction beyond the outside edge of shoulder, curb line, or back of ditch of the State highway across the intersection.
This letter serves as a courtesy to notify you that the contractor for this project, Paul J. Gallo Contracting, Inc., is no longer
directly involved in roadway maintenance.
RECEIVED AND FILED
No 56
Niagara falls international
Airport Air Guard Station
Thank you for your correspondence regarding the Niagara Falls International Airport Air Guard Station. Your input is
important in helping this Commission conduct an independent, fair, and equitable assessment and evaluation of the
Department of Defense's Base Closure and Realignment proposal and the data and methodology used to develop that
proposal.
Your letter /package has been delivered to the commissioners, and any data provided has been forwarded to the
Commission research and analysis team for evaluation. Your correspondence will also be included on our website,
www.BRAC.gov, and preserved as part of the Base Closure and Realignment Commission public record.
The Congress, in establishing this Commission, set forth the standards against which we are charged to measure the
Department of Defense's proposal -- standards that must be subject to independent, objective analysis and open
assessment. The members of this Commission accept the challenge, and necessity, of providing that assessment.
Be assured that the Commission will give careful consideration to your interests. I appreciate your continued support and
assistance.
RECEIVED AND FILED
NO. 57
PARK INFO
AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS
NO. 58
UPDATE - ACTION - ALTERIATE
NORTHERN BORDER TRAFFIC CONGESTION
As the summer tourist season commences and crossings at our region's binational bridges increase, I am writing to
update you on action I have taken to alleviate traffic congestion along the northern border.
As you know, delays along our northern border continue to threaten the regional economy. Nearly 60 percent of U.S. -
Canada trade moves via the Ontario -U.S. border, with the Buffalo- Niagara Frontier accounting for $60 billion in trade
annually. Additionally, the region's economy depends to a large degree on the tourism industry. Yet it is not uncommon for
trucks and tourists to experience multiple -hour delays when attempting to leave or enter the U.S. These delays dampen
our tourism industry and hurt international trade. A new report by the Ontario Chamber of Commerce found that the U.S.
loses $4.13 billion a year, or $471,000 an hour, due to northern border congestion. If no action is taken to lessen border
congestion, the U.S. stands to lose over 17,000 jobs by 2020 and 91,000 jobs by 2030.
Accordingly, alleviating border congestion is one of my top priorities in Congress. I have convened several working -group
meetings over the past year with officials from Customs and Border Protection (CBP), the Niagara Falls Bridge
Commission, the Peace Bridge Authority, as well as Members of Canadian Parliament and local business leaders. These
meetings have convinced me that CBP and Congress must expand the NEXUS program. NEXUS, which is a joint venture
between the U.S. and Canadian government, is designed to simplify border crossings for pre- approved, low -risk travelers
and businesses. Both the Peace Bridge and the Whirlpool Bridge have designated NEXUS lanes, which have been
credited with reducing the inspection times for tourists and trucks.
Unfortunately, CBP has failed to make NEXUS a user - friendly program in Western New York. For example, interested
parties currently must to travel to Fort Erie, Canada to enroll in NEXUS. I am pleased to report that I was successful in
passing an amendment to the 2006 Homeland Security Authorization bill that will expand the NEXUS program. This
amendment, which was endorsed by the U.S. Chamber of Commerce, authorizes the creation of at least four NEXUS
enrollment centers in the U.S.; establishes a customer service phone number to resolve issues over the phone rather than
requiring an office visit; and creates one consistent NEXUS card for land and air travelers.
In addition to my amendment, I have joined Rob Nicholson, a Canadian Member of Parliament, in asking the Department
of Homeland Security and Transport Canada to allow bicyclists with a NEXUS pass to cross the Whirlpool Bridge. I
understand that bicyclists cross the border on a regular basis, adding much - needed business to the local economy.
Allowing bicyclists with a NEXUS card to cross the Whirlpool bridge makes sense economically and does not pose a
security risk. Finally, I have asked that CBP brief me later this month on efforts the agency is undertaking to expand
NEXUS. I will be sure to update you once this meeting has taken place.
I have included additional information on the NEXUS program for your review. You can also learn more about the NEXUS
program by visiting my website: www.louise.house.gov. My office stands ready to help you or your business complete the
application process should you wish to enroll in the NEXUS— program. In the meantime, I would welcome any
suggestions you might have on improving traffic congestion at the border.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
PETITIONS
NO 59
K. KINAN, AGENT, USE 667 TIFFT FOR AN OFFICE & PLANT ADDITION (SOUTH) (HRG 7/19)
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL.
NO. 60
R. L. CHAINANI, OWNER, USE 1028 ELMWOOD FOR A
TAKE OUT RESTAURANT (NORTH) (HRG 7/19)
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL.
NO. 61
Paul Lamparelli, Agent, Use 2130 Delaware Avenue -Drive Thru Window /Driveway (North) (Name of
Agent, Owner) (Address) - (Project)
(Phone #)891 -8955
The attached is for Common Council Approval; but per Permits, no public hearing is required.
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL.
REGULAR COMMITTEES
CIVIL SERVICE
(BONNIE E. RUSSELL, CHAIRPERSON)
NO. 62
APPOINTMENT
SR. DATA PROC. EQUIP. OPER. (MAX) (MIS)
(ITEM NO. 19 -JUNE 28, 2005)
That Communication 19, June 28, 2005 be received and filed and the provisional appointment of Kenneth
Doverspike stated above at the maximum starting salary of $35,063 effective on June 13, 2005 is hereby approved.
PASSED.
AYES -9. NOES -0.
NO. 63
APPOINTMENT
SYSTEM SUPPORT SPECIALIST (MAX) (MIS)
(ITEM NO. 20 -JUNE 28, 2005)
That Communication 20, June 28, 2005 be received and filed and the permanent appointment of James Seguin
stated above at the maximum starting salary of $51,200 effective on June 20, 2005 is hereby approved.
PASSED
AYES -9. NOES -0.
NO. 64
APPOINTMENT
PROPERTY MANAGER (INTER) (PO1)
(ITEM NO. 40 -JUNE 28, 2005)
That Communication 40, June 28, 2005 be received and filed and the permanent appointment of Henry Stahl III
stated above at the intermediate starting salary of $35,498 effective on June 13, 2005 is hereby approved.
PASSED.
AYES -9. NOES -0.
NO. 65
APPOINTMENT
CLERK (INTER #3) (PERMITS /INSP) (ITEM NO. 45 -JUNE 28, 2005)
That Communication 45, June 28, 2005 be received and filed and the provisional appointment of John Caputo
stated above at the intermediate starting salary of $26,499 effective on June 20, 2005 is hereby approved.
PASSED.
AYES -9. NOES -0.
NO. 66
APPOINTMENT
SUPV. OF SLUM & BLIGHT (PERM) (THIRD STEP) (PERMANSP.) (ITEM NO. 46 -JUNE 28, 2005)
That Communication 46, June 28, 2005 be received and filed and the permanent appointment of Douglas E.
Randall stated above at the intermediate starting salary of $46,849 effective on June 10, 2005 is hereby approved.
PASSED.
AYES -9. NOES -0.
NO. 67
NOTICES OF APPTS.- TEMP /PROV /PERM (C. CLK.)
( #57, 6/28)
That the above item be and the same hereby is received and filed.
ADOPTED
FINANCE
(BRIAN C. DAVIS, CHAIRMAN)
NO. 68
REQ. FOR COMMENTS -PERM. TO PURCHASE UNMARKED VEHICLES (POL)
( #39, 6/28)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 69
SALE OF JUNK AND ABANDONED VEHICLES - BID #0223 (ITEM NO. 47, C.C.P., JUNE 28, 2005)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Davis moved:
That the Director of Purchase be, and she hereby is authorized to award a contract for the Sale of Junk and Abandoned
Vehicles, to M & M U Pull -It, the highest responsible bidder, who will pay the City $96.00 per car or heavy equipment
delivered to the scrap yard and $76.00 per car or heavy duty equipment picked up at the Auto Pound.
PASSED
AYES -9. NOES -0.
LEGISLATION
(RICHARD A. FONTANA, CHAIRMAN)
NO. 70
S. HANDSOR, AGT., USE 323 WOHLERS FOR A BEAUTY SALON (MASTEN) (HRG. 7/5)
( #75, 6/28)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 71
B. JOSKER, PETITION TO USE 88 WEST UTICA - POLE SIGN (ITEM NO. 76, C.C.P., JUNE 28, 2005)
That after the public hearing before the Committee on Legislation on July 5, 2005, the petition of B. Josker, agent, for
permission to use 88 West Utica for a pole sign 60" high by 48" wide be, and hereby is approved.
PASSED.
AYES -9. NOES -0.
NO. 72
M. KING, PETITION TO USE 976 ELMWOOD - OUTDOOR PATIO (ITEM NO. 77, C.C.P., JUNE 28, 2005)
That after the public hearing before the Committee on Legislation on July 5, 2005, the petition of M. King, agent, for
permission to use 976 Elmwood Avenue for an outdoor patio be, and hereby is approved.
PASSED.
AYES -9. NOES -0.
NO. 73
APPOINTMENT OF TRUSTEE TO THE JESSE KETCHUM MEMORIAL FUND (ITEM NO. 2, C.C.P., JUNE 28, 2005)
That the appointment of Letizia Conrad, residing at 5 New Amsterdam, as Trustee of the Jesse Ketchum
Memorial Fund be, and hereby is approved.
PASSED.
AYES -9. NOES -0
NO. 74
APPOINTMENT AND RE- APPOINTMENT OF MEMBERS TO THE BUFFALO PRESERVATION BOARD
(ITEM NO. 3, C.C.P., JUNE 28, 2005)
That the appointment of Cynthia M. Van Ness, residing at 464 Norwood Avenue, for a term commencing
immediately and expiring August 31, 2005 and the re- appointment of Christopher F. Guerra, residing at 513 Virginia
Street for a term commencing on September 1, 2005 and expiring on August 31, 2005 as members of the Buffalo
Preservation Board be, and they hereby are approved.
PASSED
AYES -9. NOES -0.
NO. 75
RE- APPOINTMENT OF MEMBER TO THE BUFFALO SEWER AUTHORITY
(ITEM NO. 4, C.C.P., JUNE 28, 2005)
That the re- appointment of Christopher Roosevelt, residing at 35 Holland Place, for a term commencing
immediately and expiring June 30, 2008 as a member of the Buffalo Sewer Authority be, and hereby is approved.
PASSED.
AYES -9. NOES -0.
NO. 76
ENCROACHMENT - 186 ALLEN STREET (ITEM NO. 30, C.C.P., JUNE 28, 2005)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Fontana moved:
That the Commissioner of Department of Permit & Inspections Services be, and he hereby is authorized to
issue a "mere license" to Mr. George Scouras, owner of the Towne Restaurant, located at 186 Allen Street, to install a
grease trap beneath the sidewalk on the Elmwood Avenue side of the property consisting of a 1,000 gallon tank which
measures approximately 10' x 5', subject to the conditions as listed above.
PASSED.
AYES -9. NOES -0.
NO. 77
L. DUVALL & D. HERKEY - JAROSCH -REQ. INFO. -BFLO. SPEC. POLICE
( #62, 6/28)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 78
A. THOMPSON -H. MCPHATER & O -SUPP. POLICE PATROL ENF. IN FILLMORE -LEROY AREA
( #78, 6/28)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 79
USED CAR DEALER LICENSE - 867 -883 JEFFERSON
(ITEM NO. 44, C.C.P., JUNE 28, 2005)
Mr. Fontana moved that the above item be recommitted
to the Committee on Legislation.
ADOPTED.
NO. 80
MAINTENANCE OF CITY PARKS (#129,6/14)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 81
K. BRINKWORTH, PETITION TO USE 223 ALLEN STREET - OUTDOOR PATIO
(ITEM NO. 77, C.C.P., MAY 17, 2005) (ITEM NO. 95, C.C.P., MAY 31, 2005)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Fontana moved that the above item be recommitted
to the Committee on Legislation.
ADOPTED.
NO. 82
K. BRINKWORTH, USE 223 ALLEN STREET - OUTDOOR PATIO (CITY PLANNING)
(ITEM NO. 5, C.C.P., JUNE 14, 2005)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Fontana moved that the above item be recommitted
to the Committee on Legislation.
ADOPTED.
CKe]Lrihri[1] 0 1 111 w d I] MIT/ 41101 :2Lri14 0 1 111
(JOSEPH GOLOMBEK JR., CHAIRMAN)
NO. 83
REQ. AMEND. LDA -OAK MICH. IND. CORR. -PHASE IIB -PORT OF BIO
CK 2 -700 MICHIGAN WNY MEDICAL ARTS CTR.- REDEVELOPER ( #/,6,6/28/04) (HRG. 7/12)
Mr. Golombek moved:
That the above item be returned to the Common council without recommendation.
A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item,
and a Notice of Same has been published in the Buffalo News, a copy of which is attached hereto.
On a motion by Mr. Coppola, seconded by Mr. Conrad, the item is properly before the Common Council, and
the hearing is opened
CARRIED.
Appearances -Maria Scinta,BURA
B. Davis, Councilmember
F. Macaro
Mr. Coppola now moved that the hearing be closed.Seconded by Mr. Davis.
CARRIED
Mr. Coppola now moved approval of said item. Seconded by Mr.Davis.
Mr. Golombek moved:
That after a public heating on July 12, 2005, the Common Council does hereby designate Western New York
Medical Arts Center as the qualified and eligible Redeveloper of 700 Michigan in the Oak Michigan Industrial Corridor
Phase 11 B Urban Renewal Agency, That the Mayor or any officer of the Buffalo Urban Renewal Agency is authorized to
execute any and all deeds or other documents necessary to convey land described in the proposed "Land Disposition
Agreement' to the City of Buffalo Urban Renewal Agency, and there on to Western New York Medical Arts Center in
accordance with the terms of said Agreement and for the consideration therein.
PASSED.
AYES -9. NOES -0.
No. 84
LDA Oak Michigan Corridor Phase IIB BURA - 700 Michigan
(Item No. 11, C.C.P., June 28, 2005)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek Moved:
That after a public heating on July 12, 2005, the Common Council does hereby amend the Land Disposition Agreement
with Western New York Medical Arts Center to construct a 9,680 sq. ft., one -story mixed -use professional office building
with parking for 95 vehicles.
PASSED
AYES —9 NOES — 0
No. 85
LDA- 844,846,850,854,858,864 Main St. -800 Main St. LLC- Redeveloper
( #1— /28/04) (Hrg. 7/12)
Mr. Golombek moved:
That the above item be returned to the Common Council without recommendation.
A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the
above item, and a Notice of Same has been published in the Buffalo News, a copy of which is attached
hereto.
On a motion by Mr. Coppola, seconded by Mr. Davis, the item is properly before the Common
Council, and the hearing is opened.
CARRIED.
Appearances Mr Scinto, BURA, B.Davis, Councilmember, Rep of 800 Main St
Mr. Coppola now moved that the hearing be closed. Seconded by Mr. Bonifacio
CARRIED
Mr. Coppola now moved approval of said item. Seconded by Mr. Davis
That after a public heating on July 12, 2005, the Common Council does hereby designate 800 Main Street LLC as the
qualified and eligible Redeveloper of 844, 846, 850, 854, 858 and 864 Main Street. That the Mayor or any officer of the
Buffalo Urban Renewal Agency is authorized to execute any and all deeds or other documents necessary to convey land
described in the proposed "Land Disposition Agreement' to the City of Buffalo Urban Renewal Agency, and there on to
800 Main Street LLC in accordance with the terms of said Agreement and for the consideration therein.
PASSED
AYES — 9 NOES — 0
NO. 86
Approval of Contract for Sale of Land -800 Main Street LLC —
Redeveloper 844, 846 850 854 858 and 864
Main Street (Item No. 14 C.C.P., June 28, 2005)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek Moved
That after a public hearing on July 12, 2005, the Common Council does hereby designate 800 Main Street LLC and /or
joint venture, partnership, corporation or other legal entity to be formed as the qualified eligible Redeveloper for the
subject properties.
Passed
Ayes — 9 Noes — 0
No. 87
Proposed Easement Agreement- Portion of 639 Main St.
(147 6/28/2005 ) (Hrg. 7/12)
Mr. Golombek moved:
That the above item be returned to the Common Council without recommendation.
A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a
Notice of Same has been published in the Buffalo News, a copy of which is attached hereto.
On a motion by Mr. Coppola, seconded by Mr. Davis, the item is properly before the Common Council, and the
bearing is opened. CARRIED.
Appearances — Mr. Scinta, BURA
Mr. Coppola now moved that the hearing be closed. Seconded by Mr. Davis
CARRIED
Mr. Coppola now moved approval of said item. Seconded by Mr. Davis
That Common Council does hereby authorize the Buffalo Urban Renewal Agency to enter into a Permanent Easement
Agreement to Plaza Group 200 LLC for a pedestrian easement for egress over the northerly portion of the Market Arcade
Film and Arts Center from the back of Pierce Building at 653 Main Street to Washington Street.
PASSED
AYES — 9 NOES — 0
NO. 88
Permanent Easement Portion of 639 Main Street BURA & Plaza Group 200 LLC
(Item No. 15, C.C.P., June 28, 2005)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek Moved:
That after a public hearing on July 12, 2005, the Common Council does hereby approve a Permanent Easement
Agreement between the Buffalo Urban Renewal Agency and Plaza Group 200 LLC for a pedestrian easement for egress
over the northerly portion of the Market Arcade Film and Arts Center from the back of Pierce Building at 653 Main Street
to Washington Street.
PASSED
AYES — 9 NOES — 0
NO. 89
J. Golombek -Req. BFSA Rev. Fiscal Mgmt. /Allocation of Resources by BMHA
( #64 6/28)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 90
D. Sullivan - Ind. Support Inc. - Concerns - Tax Relief (Item No. 66, C.C.P., June 28, 2005)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That the above - mentioned item be and the same is hereby received and filed.
Adopted.
NO. 91
T. Thielman- Info. -Black Rock Crossing, Historic Infrastructure (1 90 1) & Related Data
( #67, 6/28
That the above item be and the same hereby is received and filed.
ADOPTED
No. 92
A. Thompson -Bflo. News Article-"City Aid for Home Rehab Means Waiting... Years"
( #69, 6/28
That the above item be and the same hereby is received and filed.
ADOPTED
No. 93
BURA 3 Quarter Gap Sheet & Four Year Financial Plan
( #139 5/31)
That the above item be and the same hereby is received and filed.
ADOPTED
No. 94
BURA 3 Quarter Gap Sheet & Four Year Financial Plan (Strat. Plan)
( #10, 6/14)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 95
Results of Negotiations - 257 West Avenue
(Item No. 10, C.C.P., May 17, 2005)
(Item No. 124, C.C.P., May 31, 2005)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That the offer from Mr. Patrick J. Thomas, residing at 289 Pennsylvania Street, in the sum of one thousand and seven
hundred dollars ($1,700.00) for the purchase of 257 West Avenue, be and hereby is accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES — 9 NOES — 0
NO. 96
D. Franczyk- Invitation to Bass Pro Outdoor World to Discuss Plans for Waterfront
( #54 3/22)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 97
L. Chabot - Waterfront Village Adv. Council -Req. Developer
( #60 5/17)
That the above item be and the same hereby is received and filed. ADOPTED
NO. 98
Opposition to Eliminating Housing Authority Police Officers (4 Res)
( #123 11/16)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 99
C. LeClair- Catalog -GED, ESL & Voc. Training Programs
Throughout COB
(Bd. Ed.) (#49, 5/17)
That the above item be and the same hereby is received and filed.
Adopted
A. Thompson -W. Stesiak -Req. Donation -East High's
That the above item is hereby received and filed.
ADOPTED
NO. 100
NO 101
Proper Notification of Sex Offenders to the City of Buffalo Residents
(Item No. 112, C.C.P., May 3, 2005)
That this Common Council strongly supports Megan's Law and advocates for new ways to alert residents of registered
sex offenders in the City of Buffalo; and
That the Buffalo Police Department Sex Offense squad and the City of Buffalo Board of Education devise a plan to
properly notify residents of previously convicted sex offenders.
ADOPTED
NO. 102
K. Lighten- Accredited Academic Programs for the Disabled That Are Learning Disabled
(#43, 4/5)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 103
B. Davis - Fencing at School 36 Lot & Playgrotmd
( #52, 12/14)
That the above item be and the same hereby is received and filed.
ADOPTED
MINORITY BUSINESS ENTERPRISE COMMITTEE
(Antoine M. Thompson, Chairman)
NO. 104
B. Russell -News article What Happened to the Section 3 Program
( #58 2/22)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 105
A. Thompson -L. Ross - Contractor Payment Schedule
( #72, 6/11
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 106
Shifting City of Buffalo /Erie County Joint Minority Business Enterprise and Women
Business Enterprise Certification Process to the City of Buffalo
(Item No. 137, C.C.P., Apr. 19, 2005)
That this Common Council requests that the complete City /County Minority Business Enterprise and Women Business
Enterprise certification process be shifted to the City of Buffalo's Department of Community Services in order to expedite
the certification process.
ADOPTED
NO. 107
Shifting COB /Erie Co. Jt. Min. Bus. Enterprise (MBE) & Women Bus. Enterprise (WBE)
Cert. Process to COB (Comm. Svs.) ( #46, 5/17)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 108
Stover -Co. of Erie - Shifting COB /Erie Co. Jt. (MBE) & WBE Cert. Process to COB
( #72, 5/17
That the above item be and the same hereby is received and filed.
RESOLUTIONS
NO. 109
By: Mr. Bonifacio
FIRE HYDRANT LOCKS
Whereas: Fire hydrants are installed at strategic locations throughout the City of Buffalo's water distribution system to
supply water for fire fighting; and
Whereas: Fire Hydrants are often located within residential neighborhoods, industrial and business districts, and a number
of other areas where they are potentially vulnerable to unauthorized access; and
Whereas: With summer in full swing and the current heat wave the City of Buffalo has seen in the forecast, many
residents have illegally opened the fire hydrants as a means to cool off; and
Whereas: Besides being a terrible waste of resources and ratepayers' money, open hydrants can waste 1,000 gallons of
treated drinking water per minute, can result in injury to children, damage property by flooding streets, lawns, and
basements, compromise water quality, leave residents, businesses and hospitals without water, and make it difficult to
fight fires; and
Whereas: The City of Buffalo has already addressed part of this problem by placing locks on some fire hydrants that can
only be opened with a special wrench given to select Public Works employees and members of the Fire Department; and
Whereas: It seems appropriate that the City should place locks on all fire hydrants to prevent illegal hydrant openings in
which can pose a hazard to City residents; and
Now, Therefore Be It Resolved:
That the Common Council hereby requests that the Department of Public Works, Parks, and Streets, in conjunction with
the Fire Department, the Water Department, and the Department of Administration and Finance, to research this item and
determine whether it would be financially feasible to place locks on all fire hydrants in the City of Buffalo; and
Be It Further Resolved:
That this item goes before the City of Buffalo's Common Council to be discussed in further detail in the appropriate
committee.
ADOPT 1 sT & 2 ND RESOLVE; REMAINING ITEMS - COMMITTEE ON FINANCE.
NO. 110
By: Mr. Conrad
INCREASE TARGETED NUMBER OF BUFFALO POLICE OFFICERS
Whereas: The Buffalo Police Department is downsizing the force from the current level of 766 sworn officers to a targeted
number of 675 sworn officers by June 30, 2007 which was agreed upon through the Collective Bargaining Agreement,
and
Whereas: The Buffalo Municipal Housing Authority has eliminated the entire Police Department as of July 1, 2005 which
patrols 25 housing developments throughout the City of Buffalo, receives over 8,000 calls a year, and made over 500
arrests last year alone, and
Whereas: Due to the Erie County fiscal crisis the Erie County Sheriffs Department has reduced police services in the City
of Buffalo, and
Whereas: During negotiations both the City of Buffalo and the Police Benevolent Association were unaware of the loss of
manpower from outside police agencies that would take place during the life of the contact, and
Whereas: The safety of the City of Buffalo residents are a priority and with the loss of police protection from outside
agencies the Buffalo Police must have the proper manpower and resources to keep our residents safe, and
Be It Further Resolved:
That the current Collective Bargaining Agreement contact be amended from 675 sworn officers to 710 sworn officers to
cover the loss of coverage in the City of Buffalo streets and increased duties that the Buffalo Police Department must
complete; and
Be It Further Resolved:
That the current agreement is to expire on June 30, 2007, two years from this day, which gives the City of Buffalo ample
time to find the necessary funding to retain 35 sworn officers; and
Now, Therefore, Be It Further Resolved:
This Honorable Body does hereby request that the Administration and Finance, Human Resources, and the Buffalo Police
Department, look at the possibility of amending the current Collective Bargaining Agreement with the Police Benevolent
Association; and
Now, Therefore, Be It Finally Resolved That:
This item be referred to the appropriate committee of the Common Council for further consideration.
ADOPT 3RD RESOLVE; REMAINING ITEMS - SPECIAL COMMITTEE ON BUDGET.
NO. 111
By: Mr. Davis
PERMISSION FOR "CHIPPEWA NOW" TO SET -UP A STAGE AND A FOOD AND BEVERAGE TENT
Whereas: The "Chippewa Now" organization would like to hold a Chippewa Fest during the summer; and
Whereas: "Chippewa Now" requests permission to set -up a stage and a food and beverage tent on Chippewa Street,
between Delaware Avenue and Franklin Street, from 7:OOpm until 10:30pm every Wednesday from July 20, 2005 until
September 21, 2005; and
Whereas: The City of Buffalo has granted "Chippewa Now" permission to block off Chippewa Street between Delaware
and Franklin during the times of this event.
Now Therefore Be It Resolved:
That the Buffalo Common Council supports "Chippewa Now" concerning their efforts in coordinating this exciting event,
continuing to positively promote our City and generating business growth and revenues; and
Be It Finally Resolved:
That the Buffalo Common Council does hereby grant permission for "Chippewa Now" to hold the Chippewa Fest and to
set -up a stage and a food and beverage tent on Chippewa Street at the aforementioned location, times, and dates.
PASSED.
AYES -9. NOES -0.
NO. 112
By: Brian C. Davis
PERMISSION TO CLOSE NIAGARA STREET BETWEEN PENNSYLVANIA STREET AND JERSEY STREET
Whereas: The committee of the Annual Hispanic Music Festival 2005 would like to host the annual festival to be held on
September 2 through September 4 th, 2005 in the heart of the Lower West Side; and
Whereas: In order to hold the festivities, the committee of the Annual Hispanic Music Festival is requesting permission
to close Niagara Street between Pennsylvania Street and Jersey Street; and
Now Therefore be it Resolved:
That the Common Council of the City of Buffalo grants permission to the
The Committee of the Annual Hispanic Music Festival 2005 to hold there festivities on Niagara Street; and
Be It Further Resolved:
That said street will remain closed throughout the event from 10:00 a.m. to 11:00 p.m. September 2 through September
4 th.
Be It Further Resolved:
That all necessary precautions and all the requirements of pertinent City Departments, Traffic Engineering Department is
meet and that no existing laws are violated.
Be It Finally Resolved:
That copies of this resolution be sent to the Buffalo Police Department, Niagara Frontier Transportation Authority, Rural
Metro, Buffalo Fire Department and the Latino Business Owners Association.
PASSED
AYES -9. NOES -0.
NO. 113
BY: Mr.Davis
SET PUBLIC HEARING - URBAN RENEWAL AMENDMENT
WATERFRONT URBAN RENEWAL PLAN
Whereas, the Waterfront Urban Renewal Plan was approved by the City of Buffalo Common Council, C.C.P. Item # 2, on
September 22, 1963 (50 -year plan); and
Whereas, the Office of Strategic Planning has determined that an amendment to the approved Plan" is necessary to
change the disposition map land use designation for parcels 18A, 20 & 24 from public /school and residential medium
density to commercial. This amendment changes the plan text for these parcels to allow for building heights to be no
greater than 140', and allow for a multi -story structured parking with 1500 spaces on parcels 18A & 20 and an additional
106 vehicle parking lot on parcel 24. It further provides the Planning Board discretion regarding setbacks and area
requirements for the above referenced parcels
Whereas, the City Planning Board, after the required public hearing held on June 21, 2005, has given it's qualified
approval of the Amendment to the Urban Renewal Plan for the purpose of allowing Duke Realty and Health Now to
redevelop the above referenced parcels; and
Whereas, the Housing Act of 1949, as amended, and Article 15 of the General Municipal Law requires that the Urban
Renewal Plan Amendment be approved only after a public hearing on due notice; and
Whereas, the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the
Buffalo News and the City Record,
and that this Common Council will conduct a public hearing on the matter stated at 2:00 pm in the Council Chambers on
July 26, 2005.
Now Therefore Be It Resolved That:
We the duly appointed members of the City Planning Board of and for the City of Buffalo, do hereby report to the Common
Council and certify our unqualified
approval of the Waterfront amendment as defined in Subdivision 3 of Section 502, Article 15 of the New York State
Municipal Law and do hereby designate the
area, pursuant to Section 504, Article 15 of the New York State General Municipal Law, as being appropriate for urban
renewal treatment; and
Be It Further Resolved:
That the Director of the Office of Strategic Planning is directed and has authorized the amendment to the Waterfront
Urban Renewal plan for the long -term, comprehensive redevelopment of the designated parcels within approved areas;
ADOPTED
NO. 114
By: Mr. Davis
WATERFRONT URBAN RENEWAL PLAN AMENDMENT - VARIOUS PARCELS "AREA B" (HRG. 7/26)
WHEREAS, the Common Council of the City of Buffalo adopted and approved the Waterfront Urban Renewal Plan on
September 22, 1963, C.C.P. No. 2; and
WHEREAS, the Waterfront Urban Renewal Plan has been amended from time to time; and
WHEREAS, proposed land uses and area requirements of the original Urban Renewal Plan have not spurred
redevelopment; and
WHEREAS. The City of Buffalo is working with Duke Realty and Health Now for a proposed headquarters building
complex with structured and surface parking on parcels of land bounded by street right -of -ways of Court on the north,
Seventh on the east, W. Genesee on the south and Fourth on the west; and
WHEREAS, this amendment shall change the land disposition map for parcels 18A, 20, & 24 of Area "B" from public -
school and residential medium density to commercial and shall change the text to allow for building heights no greater
than 140 feet, to also allow for multi -story structured parking for approximately 1,500 vehicles on parcels 18A and 20, and
to further allow parcel 20A 106 vehicle parking spaces and provides discretion for the Planning Board with regard to area
setback and requirements for the above referenced parcels,
WHEREAS, this redevelopment effort is consistent with the overall objectives of the original Urban Renewal Plan and
conforms to the comprehensive plan for the development of the community as a whole and is consistent with local
objectives as determined by the City Planning Board; and
WHEREAS, the Buffalo Urban Renewal Agency under SEQR is the lead agency and has issued a negative declaration on
June 16, 2005 and the City Planning Board has accepted BURA's negative declaration for this plan amendment, and
WHEREAS, a public hearing upon the matter was held upon due notice before the City Planning Board in Room 901 City
Hall on June 21, at 8:00 a.m., at which hearing the proposed Urban Renewal Plan amendment was presented and
explained in detail, and, the City Planning Board gave its unqualified approval of the plan amendment, and
WHEREAS, this Common Council of the City of Buffalo has conducted a public hearing on the matter on July 26 2005
and those desiring to be heard were heard, and
NOW, THEREFORE, BE IT RESOLVED, that, this Common Council of the City of Buffalo accept the Buffalo Urban
Renewal Agency's SEQR negative declaration and find that the this area is substandard and has not been the interest of
any redevelopers, and that this amendment will allow for the redevelopment of parcels 18A, 20 and 24 of the plan
disposition map with the new land use designation of commercial, and that this amendment will change the plan text to
allow for building heights to no greater than 140', and will allow for a multi -floor parking structure on parcel 18A and 20
and a surface parking lot on parcel 20A and further provides the City Planning Board discretion regarding area
requirements and setbacks for the above referenced parcels.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
NO. 116
By: Mr. Davis
INCREASED APPROPRIATION
FUND BALANCE
CAPITAL PROJECTS
That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common
Council, the appropriation in the Capital Budget for the current fiscal year, be and the same hereby is increased in the
sum of $165,000. The increased appropriation will be met from the Unreserved /Designated Fund Balance for
Reengineering Agreements.
That, the comptroller be and hereby is authorized and directed to increase the appropriation estimates of accounts:
From:
10700096 - 397000 Unreserved /Designated Fund Balance for Reengineering Agreements
$165,000.00
to:
1 21 31 007 - 471 000 Fire - Land Capital Outlay $165,000.00
PASSED
AYES -9. NOES -0.
NO. 116
By: Mr. Davis
INCREASED APPROPRIATION
PARKING ENTERPRISE FUND BALANCE CAPITAL PROJECTS
That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common
Council, the appropriation in the Capital Budget for the current fiscal year, be and the same hereby is increased in the
sum of $1,145,000. The increased appropriation will be met from the Unreserved /Designated Fund Balance for Parking
Ramps.
That, the comptroller be and hereby is authorized and directed to increase the appropriation estimates of accounts:
From:
51000000 - 253100 Fund Balance Downtown Ramps $1,000,000
51000000 - 253130 Fund Balance Hospital Ramps $145,000
To:
51008207- 470010 BCAR Capital Expenditures $1,000,000
51008207 - 470011 General & Gates Hospital Expenditures $145,000
PASSED
AYES -9. NOES -0.
NO. 117
By: Mr. Davis
TRAILBLAZING SIGNAGE FOR CARLTON STREET AS "JERRY F. DANIELS SR., WAY"
Whereas: Jerry F. Daniels, Sr. has owned the Carl -Jeff Barber Shop at the comer of Carlton St. and Jefferson Ave. for
over 50 years; and
Whereas: For all of his contributions, commitment and dedication as an entrepreneur in the City of Buffalo, it is fitting to
honor Jerry F. Daniels, Sr. for his faithful service.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo approves the installation of a trailblazing sign, proclaiming Carlton Street
at the comer of Jefferson Ave., "Jerry F. Daniels, Sr. Way "; and
Be It Further Resolved:
That this Common Council requests that the Department of Public Works to install a trailblazing sign which will read "Jerry
F. Daniels Sr., Way" on Pole #407, which is located at the comer of Carlton Street at Jefferson Avenue.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 118
By: Mr. Fontana
DISCHARGE ITEM FROM THE LEGISLATION
COMMITTEE - -(NO 76, CCP MAY 3, 2005) "P.
GERVISS, AGENT, USE 346 MILITARY RD. ILIUM
GRND SIGN ETC(NO PUB HRG REQ)(NORTH)"
Whereas: NO 76, CCP May 3, 2005, "P. Gerviss, Agent, Use 346 Military Rd. Ilum Grnd Sign etc(No Pub Hrg
Req)(North)" is currently before the Committee on Legislation; and
Whereas: It is no longer necessary for this item to be considered by that committee;
Now, Therefore, Be It Resolved:
That the Common Council does hereby discharge the Legislation Committee from further consideration of NO 76, CCP
May 3, 2005, "P. Gerviss, Agent, Use 346 Military Rd. Ilium Grnd Sign etc (No Pub Hrg Req)(North)" and said item is now
before the Council.
ADOPT DISCHARGE; PASSED.
AYES -13. NOES -0.
NO. 119
BY: MR. FRANCZYK
ORDINANCE AMENDMENT CHAPTER 137, CODE ENFORCEMENT
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 137 -7 of the Code of the City of Buffalo be amended to read as follows:
Fine Class D $75.00 $75.00 $75.00 $225.00
[First excessive noise violation,
§293 -7]
Fine Class E $106.00 $106.00 $106.00 $316.00
[Second] First excessive noise
violation, §293 -7
Fine Class F $160.00 $160.00 $160.00 $460.00
[Third and subsequent] Second excessive noise
violations, §293 -7
Fine Class G $200.00 $200.00 $200.00 $600.00
Third and subsequent excessive noise violations, §293 -7
APPROVED AS TO FORM
Michael B. Risman
Corporation Counsel
Note: Matter in brackets to be deleted, matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 120
By: Mr. Franczyk
ORDINANCE AMENDMENT CHAPTER 137, CODE ENFORCEMENT
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 137 -7 of the Code of the City of Buffalo be amended to read as follows:
Fine Class D $76.00 $76.00 $76.00 $226.00
[Deposits on streets or public places prohibited, § 413 -4]
Fine Class E $106.00 $106.00 $106.00 $316.00
Deposits on streets or public, places prohibited, § 413 -4
APPROVED AS TO FORM
Michael B. Risman
Corporation Counsel
Note: Matter in brackets to be deleted, matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 121
By: Mr. Golombek
UTILIZING FLEXIBLE FUEL VEHICLES
Whereas, ethanol gasoline consists of 85 percent ethanol and 15 percent gasoline that sells currently for an average of
about 45 cents per gallon less than regular unleaded gasoline; and
Whereas, ethanol gasoline is cheaper, it reduces America's dependence on foreign oil and it burns cleaner and it is a
boost to the Midwest farm economy because ethanol is distilled mainly from corn; and
Whereas, more than 4 million flexible fuel vehicles which can run on any blend of gasoline are currently on the road in the
United States; and
Whereas, New York State Law requires that as of this year ethanol capable models must comprise at least 50 percent of
light duty vehicle purchases by state agencies. By 2010, State law requires that 100 percent of vehicle purchases be
ethanol capable vehicles; and
Whereas, General Motors, Ford, Chrysler, Nissan, Isuzu and Mazda make flexible -fuel versions for certain models with
prices similar to vehicles with standard engines; and
Whereas, Chicago and Denver are utilizing flexible fuel vehicles as part of a pilot market through the U.S. Department of
Energy's Clean Cities Program; and
Now Therefore Be It Resolved
That a copy of this resolution be forwarded to the Public Works Department, Purchasing Department, Police Department,
Fire Department, Buffalo Municipal Housing Authority, and Sewer Authority for a response as to whether they have
purchased flexible -fuel vehicles and /or whether future purchases of flexible -fuel vehicles is feasible
Be It Further Resolved
That a cop
, y of this resolution be forwarded to an appropriate Committee of the Council for further consideration.
ADOPT 1 RESOLVE, 2 ND RESOLVE - REFERRED TO THE COMMITTEE ON FINANCE.
NO. 122
By: Mr. Golombek
SUPPORT FOR JUDGE NOWAK AND HOUSING COURT LIAISON VOLUNTEERS
Whereas, the issues addressed in Housing Court are critical to the future revitalization of Buffalo; and
Whereas, City Court Judge Henry J. Nowak's short tenure in Housing Court has brought about a proactive, Innovative and
collaborative effort in addressing Buffalo's housing problems; and
Whereas, As a Housing Court Judge Henry J. Nowak has imposed more fines (over $3 million) than his predecessors had
in the previous four years combined ($525,712); and
Whereas, the increase in fines was accomplished by Judge Nowak suggesting that building inspector complain forms
indicate a violation from a certain date, making fines $1,500 per day instead of just $1,500; and
Whereas, under Judge Nowak's term in Housing Court, defendants have been sentenced to community service by
requiring slumlords to pick up garbage, paint houses, build porches and plant flowers; and
Whereas, Judge Nowak has issued orders to vacate properties being utilized by drug dealers. These orders to vacate are
a crime fighting tool, giving police more flexibility to make arrests. Police can remove and arrest anybody on such
properties immediately; and
Whereas, by taking the time to do legal research on the power of Housing Court, Judge Nowak determined that he could
appoint a receiver and provide the receiver the power to go after 40 banks and lenders with outstanding housing code
violations in the city; and
Whereas, under Judge Nowak, Housing Court cases are scheduled differently to allow Housing Inspectors more time to
actually conduct inspections instead of spending every day in Court; and
Whereas, through the leadership of Judge Nowak, Housing Court Liaisons have been created consisting of dedicated
community volunteers; and
Whereas, Housing Court Liaisons provide valuable community input into Housing Court decisions that impact the quality
of life in our neighborhoods; and
Whereas, it is difficult to understand why the Permit and Inspections Department allowed a four month backlog of 523
housing cases to sit on tables instead of being processed for Court appearances, when I and others offered staff and
volunteers to help with processing cases; and
Whereas, it is also difficult to understand why the City Permits and Inspections Department would not fully embrace the
assistance of dedicated Housing Court Liaisons who are working to improve city neighborhoods; and
Whereas, it is truly unfortunate that the City Permits and Inspections Department has taken the position that they will no
longer meet with Court Liaisons to discuss Housing Court cases; and
Whereas, typically City Court Judges are appointed by the Chief Judge of City Court for a one year term in Housing Court
and then replaced by a successor; and
Whereas, it is important to continue the innovations and collaborations begun by Judge Nowak, by keeping him in
Housing Court for another term; and
Now Therefore Be It Resolved
That the Buffalo Common Council supports keeping City Court Judge Henry J. Nowak in Housing Court for another one
year appointment to continue his proactive and innovative efforts to address Buffalo's housing issues.
Be It Further Resolved
That the Buffalo Common Council supports the work and efforts made by the dedicated volunteers who serve as Housing
Court Liaisons.
Be It Further Resolved
That a certified copy of this resolution be forwarded by the City Clerk to Hon. Thomas P. Amodeo Chief Judge of Buffalo
City Court
Be It Finally Resolved
That if necessary this item is referred to an appropriate Committee of the Council for further consideration.
ADOPTED 1st 2 nd 3rd RESOLVE; 4 RESOLVE - REFERRED TO THE COMMITTEE ON LEGISLATION.
MR. COPPOLA MOVED TO ALLOW COUNCILMEMBER RUSSELL TO ABSTAIN FROM VOTING ON ITEM #122.
SECONDED BY MR. FONTANA.
ADOPT.
AYES -8. NOES -0. ABSTINENCE OF VOTE BY COUNCILMEMBER RUSSELL -1.
NO. 123
By: Mrs. Russell
REQUEST FOR A BUFFALO POLICE BMHA TASK FORCE
Whereas: As of July 1, 2005, the Buffalo Municipal Housing Authority has eliminated their 26- member Public Safety
Department which served to protect 7,242 tenants in the 27 properties operated by the authority throughout the City of
Buffalo; and
Whereas: The BMHA police force responded to over 8,000 calls a year which requires a strong police presence in the
numerous developments; and
Whereas: With the elimination of BMHA's Public Safety Department and the reduction of police services provided by all
branches of law enforcement, the policing of these housing developments now falls onto the shoulders of the officers in
the Buffalo Police Department; and
Whereas: This Honorable Body regards the protection and safety of the public as the highest priority of governmental
service.
Now, Therefore, Be It Resolved That:
The Common Council of the City of Buffalo hereby requests the establishment of a Buffalo Police BMHA Task Force to
meet on a monthly basis to discuss the public safety of the residents living in the BMHA developments; and
Now, Therefore, Be It Further Resolved That:
The Buffalo Police BMHA Task Force consists of Buffalo Police Officers appointed by the Police Commissioner, all
Councilmembers representing BMHA developments, and two (2) residents from each BMHA development, all to be
appointed by their respective Councilmember; and
Now, Therefore, Be It Further Resolved That:
This Honorable Body hereby requests the Buffalo Police Department submit to this Council in writing their immediate plan
to address 911 calls that will need to be responded to from the residents in the BMHA developments; and
Now, Therefore, Be It Finally Resolved That:
This item is referred to the appropriate committee of the Common Council for further consideration.
REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF POLICE.
NO. 124
BY: Mr. Thompson
APPOINTMENTS COMMISSIONER OF DEEDS
That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31,2006,
conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City
Philip DiCarlo
Christopher Knospe
Therese Sardo
Ruthanne Suchy
Total: 6
ADOPTED
NO. 126
BY: Mr. Thompson
APPOINTMENTS
COMMISSIONERS OF DEEDS
REQUIRED FOR THE PROPER
PERFORMANCE OF PUBLIC DUTIES
That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2006,
conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of
Buffalo
Erika Rodriguez
Total: 1
ADOPTED
NO. 126
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 Claims Wednesday, July 13, 2005 at 9:30 o'clock A.M.
Committee on Civil Service Tuesday, July 19, 2005 at 9:30 o'clock A.M.
Committee on Finance following Civil Service
Committee on Legislation
Tuesday, July 19, 2005 at 10:00 o'clock A.M. Tuesday, July 19, 2005 at 2:00 o'clock P.M.
Committee on Comm. Dev. Wednesday, July 20, 2005 at 10:30 o'clock A.M.
Special Committees
Special Leg. Comm. Mtg. Room 1417 City Hall.
Wednesday, July 13, 2005 at 11:00 o'clock A.M. in Room 1417 City Hall
Public Hearing
Special Leg. Comm. Pub. Hrg. Tuesday, July 12, 2005 at 6:00 o'clock P.M.
in the Council Chambers on the Creation of a Police Department Quality of Life Squad.
(Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council
Committees. In the event that there is sufficient
time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is
not made aware: therefore, unless we receive notice from the respective Chairmen, we can only make notification of what
we are made aware.
NO. 127
ADJOURNMENT
On a motion by Mr. Coppola, Seconded by Mrs. Russell, the Council adjourned at
GERALD CHWALINSKI CITY CLERK