HomeMy WebLinkAbout06-0307No.5
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
MARCH 7, 2006
MAYOR
Hon. Byron W. Brown
COMPTROLLER
Andrew Sanfilippo
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
FILLMORE DISTRICT
David A. Franczyk
PRESIDENT PRO TEMPORE
UNIVERSITY DISTRICT
Bonnie E. Russell
MAJORITY LEADER
NIAGARA DISTRICT
DOMINIC J. BONIFACIO JR
DISTRICT COUNCIL MEMBERS
BRIAN C. DAVIS - ELLICOTT
RICHARD A. FONTANA - LOVEJOY
ANTOINE M. THOMPSON - MASTEN
- DELAWARE
JOSEPH GOLOMBEKJR. - NORTH
MICHAEL P. KEARNS - SOUTH
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Joseph Golombek Jr., Richard A. Fontana -
Members
CLAIMS COMMITTEE: Michael Kearns 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.,Michael Kearns, Members.
LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell - Members
RULES COMMITTEE: David A. Franczyk, Chairman, Bonnie E. Russell - Members
BUDGET COMMITTEE: Dominic J. Bonifacio, Jr., Chairman, Brian C. Davis, Joseph Golombek, Jr. - Members
MINORITY BUSINESS ENTERPRISE COMMITTEE - Antoine M. Thompson, Chairman Brian C. Davis
EDUCATION COMMITTEE
Antoine M. Thompson, Chairman, Richard A. Fontana, David A. Franczyk, Bonnie E. Russell Members
CORPORATION PROCEEDINGS
FROM THE MAYOR
NO. 1
PERMISSION TO ACCEPT FUNDS FROM
BUILDING A BETTER BUFFALO FUND
The Community Foundation of Greater Buffalo holds a fund called the Building a Better Buffalo Fund which was established to
provide funding to enable a comprehensive professional search for the best candidates for new City of Buffalo senior administrative
positions, to support relocation expenses for out -of -area candidates, and to augment compensation for certain positions as
necessary and appropriate. The fund will reimburse the City of Buffalo up to $150,000 per year for eligible expenses incurred for
those purposes after submission of paid invoices
I am therefore requesting permission from your Honorable Body for the City of Buffalo to accept funds from the Building a Better
Buffalo Fund, to execute all necessary agreements to execute this grant, and to set up an apprepdate account for this purpose.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
NO. 2
STATE ENVIRONMENTAL QUALITY REVIEW ACT NOTICE
OF COORDINATED REVIEW AND DESIGNATION OF LEAD AGENCY MARCH 1, 2006
This notice is issued by the City of Buffalo Planning Board (Planning Board) pursuant to and in accordance with Article 8 of the
Environmental Conservation Law, Chapter 43 -B of the Consolidated Laws of New York, as amended and regulations adopted
pursuant thereto by the Department of Environmental Conservation of the State of New York, being 6 NYCRR Part 617 as amended
(SEQRA) and Chapter 168 of the Charter and Code of the City of Buffalo
Project Name: Elmwood Village Hotel
Location: 109 -1121 Elmwood Avenue
Project Classification: Type I
Project Description: Savarino Construction Services proposes the demolition of five existing structures on Elmwood Avenue
and the construction of a four story hotel fronting the southeast corner of Elmwood Avenue at Forest Avenue. The hotel will house
first floor retail and parking under and behind the hotel. New landscaping will be added to the street frontages.
Notice Details: The project site is in close proximity to the H.H. Richardson buildings (Buffalo Psychiatric Center) located at
400 Forest Avenue. This location has been designated a local landmark designated by the former Landmark & Preservation Board
on January 12. 1978; listed on the National Register of Historic Places on January 12, 1973 and designated a National Historic
Landmark on June 24,1986. As such, the Project is considered a Type 1 action pursuant to Section 168- 4(B)(7)(e) of the City
Charter and Code and a coordinated SEQRA review is required. Since the Project will require Site Plan review and approval from
the City of Buffalo Planning Board, the Planning Board is automatically designated the Lead Agency amongst the various involved
City agencies: pursuant to Section 168- 7(A)(1 ) of the City Charter and Code. The State Office of Historic Preservation (SHPO) and
the City of Buffalo Preservation Board will be notified as interested agencies.
Action Requested: Please have the appropriate personnel with in your agency review the enclosed site plan including the full
environmental assessment form and provide the Planning Board with any comments that the Planning Board should consider
regarding the Determination of Significance for this Project.
For Further Information Contact:
Marty Grunzweig, Land Use Control Coordinator, Room 901 City Hall, Buffalo New York, 14202, (716) 851 -5085 Fax (716)
851 -4388
We hereby consent to the City of Buffalo Planning Board acting as Lead Agency for the Elmwood Village
Hotel Project - 1109 -1121 Elmwood Avenue, Buffalo New York
ADOPTED
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 3
FY 2006 ALLOCATION
Your Honorable Body has requested the 2006 Fiscal Year allocations from the U. S. Department of Housing and Urban
Development. Attached herewith please find a communication received by the Mayor setting forth the City of Buffalo's Fiscal Year
2006 allocations.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 4
2006 HUD ALLOCATION BUFFALO
Please accept the attached document for your review regarding the 2006 HUD Allocation to Buffalo.
Dear Mayor Brown:
I am pleased to inform you that the Department of Housing and Urban Development's Fiscal Year (FY) 2006 budget has been
enacted and signed by the President. This letter provides your FY 2006 allocations for the Office of Community Planning and
Development's (CPD) formula programs: Community Development Block Grants (CDBG); HOME Investment Partnerships; the
American Dream Downpayment Initiative (ADDI); Housing Opportunities for Persons with AIDS (HOPWA); and Emergency Shelter
Grants (ESG). These programs provide funding for housing, community and economic development, and assistance for special
populations across the country.
HUD's budget is included in the FY 2006 Transportation, Treasury, the Judiciary, Housing and Urban Development, and Related
Agencies Appropriations bill (P.L. 109 -115). Funding amounts in this bill were subsequently impacted by the FY 2006 Department of
Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act (P.L.
109 -148), which dictated an across - the -board Government -wide rescission of one percent. According to the law, the Department is
required to reduce each program contained in all funding bills by that amount. CPD's formula programs are not exempt from this cut.
The FY 2006 allocations below have already been reduced to reflect this requirement. Also, the amounts include reallocated funds
in the CDBG and HOME programs. The allocations reflect the level of funding available for these programs in your community.
The following amounts represent your FY 2006 allocation(s):
Community Development Block Grant $16,547,713
HOME Investment Partnerships $4,763,331
American Dream Downpayment Initiative $60,726
Housing Opportunities for Persons with AIDS $480,000
Emergency Shelter Grants $709,936
HUD continues to emphasize the importance of effective performance measurement in all of our programs. Last year HUD
participated with national public interest groups in a joint working group, and developed a framework for a performance
measurement framework for CPD
formula programs. This framework was proposed for comment in a June 10, 2005 Federal Register Notice titled, "Notice of
Proposed Outcome Performance Measurement System for Community Planning and Development Formula Grant Programs;
Request for Comments." This performance measurement framework is based on the reporting of objectives, outcomes, and
indicators for each activity that is funded by the CPD formula grant programs. The objectives, which closely mirror the statutory
purposes of the programs, are: Suitable Living Environment, Decent Housing, and Creating Economic Opportunities. The outcome
categories, which reflect the result that the grantee is seeking to achieve from each activity, are: Availability /Accessibility,
Affordability, and Sustainability (Promoting Livable or Viable Communities). The indicators are the outputs realized for each specific
activity. Combining objectives, outcomes and indicators will enable HUD to produce statements that uniformly describe the activity's
impact and enable HUD to demonstrate the benefits and success of the CPD formula grant programs.
Additional information on the implementation of the performance measurement framework will be disseminated later this winter.
Although there will be some changes made to the final framework provided in the June 10, 2005 Federal Register Notice, it is
expected that the fundamental premise and format will remain unchanged. In addition, HUD expects to incorporate this performance
measurement framework into the existing CPD Integrated Disbursement and Information System (IDIS) in the spring of 2006. CPD
formula grantees should now consider how the performance measurement system may impact their local administrative practices,
including deciding the objectives and outcomes of activities that are funded.
I look forward to continuing our partnership to assist lower income residents in your community. As always, HUD is available to
provide any assistance you require in implementing your programs. If you or any member of your staff has questions, please contact
your local CPD Office Director.
Pamela H. Patenaude
Assistant Secretary
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 5
RESULTS OF NEGOTIATIONS
26 BUSH, 230' S AMHERST
LOT SIZE: 72' X 217', 210' NL, 109' RL
ASSESSED VALUATION: $21
(NORTH DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 26 Bush Street, a former railroad
Right of Way, from Mr. Gerhardt Yaskow and Mr. Russell Maxwell, 312 Summer Street, Buffalo, New York 14222. Mr. Gerhardt and
Mr. Maxwell own a multiple residence at 38 Bush, which is adjacent to 26 Bush and intend to use the lot for additional green space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building
code violations, taxes or other liens owed to the City by the purchasers.
The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales prices range from Twenty -Three
Cents ($ .23) to Fifty Cents ($ .50) per square foot.
The results of our negotiations are they have agreed to a sales price of Six Thousand Dollars ($6,000), Thirty Cents ($ .30) per
square foot, for the subject property. They have also agreed 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 26 Bush Street in the amount of Six Thousand Dollars ($6,000)
to Mr. Gerhardt Yaskow and Mr. Russell Maxwell. 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. Bonifacio moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated March 1, 2006, be received and
filed; and
That the offer from Mr. Gerhardt Yaskow and Mr. Russell Maxwell, residing at 312 Summer Street, in the sum of six thousand
dollars ($6,000.00) for the purchase of 549 East Ferry, 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 - 6 NOES -0
NO. 6
RESULTS OF NEGOTIATIONS
355 FRENCH, 298.13' W MOSELLE
VACANT LOT: 32'X 138'
ASSESSED VALUATION: $3,100
(FILLMORE DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 355 French from Ms. Gwendolyn
Wiley, 359 French Street, Buffalo, New York 14211. Ms. Wiley owns and resides at 359 French Street, which is adjacent to 355
French Street and intends to use this vacant lot for additional green space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building
code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range from Forty
Cents ($.40) to Seventy -Five Cents ($ .75), per square foot.
The results of our negotiations are that Ms. Wiley has agreed and is prepared to pay One Thousand Eight Hundred Dollars ($1,800),
Forty Cents ($.40) per square foot for the subject property. Ms. Wiley has also agreed 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 355 French to Ms. Gwendolyn Wiley in the amount of One
Thousand Eight Hundred Dollars ($1,800). 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. Bonifacio moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated February 28, 2006, be received
and filed; and
That the offer from Ms. Gwendolyn Wiley, residing at 359 French Street, in the sum of one thousand and eight hundred dollars
($1,800.00) for the purchase of 355 French Street, 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 - 6 NOES -0
NO. 7
RESULTS OF NEGOTIATIONS
28 HAMBURG, 166.50' N SOUTH
LOT SIZE: 26'X 99'
ASSESSED VALUATION: $1,600
(FILLMORE DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 28 Hamburg Street from Mr. Gerhardt
Yaskow and Mr. Russell Maxwell, 312 Summer Street, Buffalo, New York 14222. Mr. Gerhardt and Mr. Maxwell recently purchased
73 Hamburg, McCarthy's Tavern, and have been acquiring and improving surrounding vacant lots.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building
code violations, taxes or other liens owed to the City by the purchasers.
The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales prices range from Fifty Cents ($
.50) to One Dollar ($1.00) per square foot.
The results of our negotiations are they have agreed to a sales price of One Thousand Six Hundred Dollars ($1,600), Sixty -Five
Cents ($ .65) per square foot, for the subject property. They have also agreed 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 28 Hamburg in the amount of One Thousand Six Hundred
Dollars ($1,600) to Mr. Gerhardt Yaskow and Mr. Russell Maxwell. I am further recommending that the Corporation Counsel prepare
the necessary documents for the transfer of title and that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 8
RESULTS OF NEGOTIATIONS
304 MYRTLE,111.75' W SPRING
VACANT LOT: 30'X 66'
ASSESSED VALUATION: $1,300
(ELLICOTT DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 304 Myrtle Avenue from Mr. Jerome E.
Harris and Mrs. Cynthia J. Harris, 457 Swan Street, Buffalo, New York 14204. Mr. and Mrs. Harris own and reside at 457 Swam
Street, which is adjacent to 304 Myrtle Avenue and intend to use this vacant lot for additional green space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building
code violations, taxes or other liens owed to the City of Buffalo by the purchasers.
The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range from Fifty Cents
($.50) to Ninety -Five Cents ($ .95), per square foot.
The results of our negotiations are that Mr. and Mrs. Harris have agreed and are prepared to pay One Thousand Three Hundred
Dollars ($1,300), Sixty -Five Cents
($. 65) per square foot for the subject property. Mr. and Mrs. Harris have also agreed 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 304 Myrtle Avenue to Mr. and Mrs. Harris in the amount of One
Thousand Three Hundred Dollars ($1,300). 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.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 9
RESULTS OF NEGOTIATIONS
40 ORANGE, 365' N CHERRY
VACANT LOT: 30'X 100'
ASSESSED VALUATION: $1,000
(ELLICOTT DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 40 Orange from Ms. Pamela Y. Harris,
42 Orange Street, Buffalo, New York 14204. Ms. Harris owns and resides at 42 Orange Street, which is adjacent to 40 Orange and
intends to use this vacant lot for additional green space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building
code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range from Forty
Cents ($.40) to Seventy -Five Cents ($ .75), per square foot.
The results of our negotiations are that Ms. Harris has agreed and is prepared to pay One Thousand Two Hundred Dollars ($1,200),
Forty cents ($. 40) per square foot for the subject property. Ms. Harris has also agreed 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 40 Orange Street to Ms. Pamela Harris in the amount of One
Thousand Two Hundred Dollars ($1,200). 1 am further recommending that the Corporation Counsel prepare the necessary
documents for the transfer of title and that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 10
RESULTS OF NEGOTIATIONS
90 WHITNEY, 116.60' NW CAROLINA
VACANT LOT: 30'X 100'
ASSESSED VALUATION: $3,000
(ELLICOTT DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 90 Whitney Place from Mr. Pablo A.
Vega, 218 Carolina Street, Buffalo, New York 14201. Mr. Vega owns and resides at 218 Carolina Street, which is adjacent to 90
Whitney and intends to use this vacant lot for additional green space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building
code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range from Ninety
Cents ($.90) to One Dollar and Fifty Cents ($1.50), per square foot.
The results of our negotiations are that Mr. Vega has agreed and is prepared to pay Two Thousand Five Hundred Dollars ($2,500),
Ninety cents ($.90) per square foot for the subject property. Mr. Vega has also agreed 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 90 Whitney Place to Mr. Pablo Vega in the amount of Two
Thousand Five Hundred Dollars ($2,500). 1 am further recommending that the Corporation Counsel prepare the necessary
documents for the transfer of title and that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
a :IQ ri &I:I=11115K6Lrili1Ko]144N
NO. 11
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
COMMON COUNCIL - LEGISLATIVE
We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter, that
it is necessary that the sum of $4,000 be transferred and reappropriated within Common Council Legislative, as set forth below:
FROM
Council 11 PS Annual Salary
10112001 411001 $4,000
TO
Legislative PS Hourly
10102001 412002 $4,000
Dated: Buffalo, NY, February 15, 2006
RECEIVED AND FILED
NO. 12
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -11 of the Charter, that
an increase in the sums of $7,098.85 and $1,206.87 in the estimates for the fiscal year beginning July 1, 2005 is necessary in
various functions set out below to meet a contingency which could not have been reasonably foreseen when the budget was
adopted. The details of the requirements are set forth below:
From:
That, the Comptroller be and hereby is authorized and directed to increase the revenue estimates for accounts:
10030030 - 380101 Mayor - Grant Reimbursement $7,098.85
10550030 - 380101 Community Services - Grant Reimbursement $1,206.87
To:
To meet the increased appropriation as set forth below:
10301001 - 414005 Mayor - Relocation Compensation $6,000.00
10301001 - - 415005 Mayor- Moving Allowance $1,098.85
15501001 - 411001 Community Services — Salary $1,206.87
Dated: Buffalo, NY March 2, 2006
RECEIVED AND FILED
a :IQ LVi& 9:1 =11115K6Lrihril IQ 0 1 14:ZO] 0 -11 [91gT16] N:,&I
NO. 13
REPORT OF BIDS
CITY HALL
SURVEILLANCE SYSTEM
JOB NO. 0649
ELLICOTT DISTRICT
I advertised for on November 22, 2005 and received the following formal bids for City Hall, Surveillance System, on January 31,
2006.
U & S Services, Inc. $143,550.00
233 Fillmore, Tonawanda, NY
O'Connell Electric $148,295.00
830 Phillips Rd., Victor, NY
Frey Electric $158,000.00
100 Pearce, Tonawanda, NY
Tunney Electric $162,700.00
8565 Roll Rd., Clarence Ctr, NY
Goodwin Electric $192,700.00
121 California, Williamsville, NY
I hereby certify that the foregoing is a true and correct statement of all bids received and that U & S Services, Inc., with a bid of One
Hundred Forty Three Thousand Five Hundred Fifty and 001100 Dollars ($143,550.00) is the lowest responsible bidder in
accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the
basis of the low bids. The cost of this project shall be completely paid for with Federal Homeland Security funds from UASI Year 2
Grant, Account #24080467- 474100, Project ID #10222.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated February 23, 2006, 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 City Hall,
Surveillance System, to U & S Services, Inc., the lowest responsible bidder, in the amount of $143,550.00. Funds for the project are
available from Federal Homeland Security funds from UASI Year 2 Grant, Account #24080467- 474100, Project ID # 10222.
PASSED
AYES - 6 NOES -0
NO. 14
REPORT OF BIDS
MAIN MERCER FIRE STATION
ROOF RECONSTRUCTION
JOB NO. 0603
MASTEN DISTRICT
I advertised for on February 7, 2006 and received the following formal bids for the Main Mercer Fire Station, Roof Reconstruction,
on February 22, 2006.
Jameson Roofing $ 70,798.00
3761 East Lake, Dunkirk, NY
Grove Roofing $ 78,750.00
131 Reading, Buffalo, NY
Weaver Metal & Roofing $100,492.00
40 Appenheimer, Buffalo, NY
Jos. A. Sanders & Sons $134,179.00
P 0 Box 814, Buffalo, NY
I hereby certify that the foregoing is a true and correct statement of all bids received and that Jameson Roofing, with a bid of
Seventy Thousand Seven Hundred Ninety Eight and 00/100 Dollars ($70.798.00) is the lowest responsible bidder in accordance
with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the
basis of the low bids. Funds for this project are available in 38320206 445100 - Division of Buildings.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated February 27, 2006, 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 Main Mercer
Fire Station, Roof Reconstruction, to Jameson Roofing, the lowest responsible bidder, in the amount of $70,798.00. Funds for the
project are available in CPF 38320206 445100 - Division of Buildings.
PASSED
AYES - 6 NOES -0
NO. 16
CHANGE IN CONTRACT
DELAVAN FILLMORE FIRE STATION
CONSTRUCTION
JOB #0433
MASTEN DISTRICT
I hereby submit to Your Honorable Body the following changes for the Delavan Fillmore Fire Station, Construction, Plumbing Work,
L & D Johnson Plumbing & Heating, Inc., C #92010962.
1. Delete dry fire connection as requested by Fire Dept. Deduct $ 422.00
The foregoing change results in a net decrease in the contract of Four Hundred Twenty Two and 00/100 Dollars (- $422.00).
Summary: Current Contract Amount $220,876.25
Amount of This Change Order ( #3) Add $ 422.00
Revised Contract Amount $220,454.25
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 to be credited to 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. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated February 22, 2006, 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. 3, to L & D
Johnson Plumbing & Heating, Inc., a decrease in the amount of $422.00, as more fully described in the above communication, for
work relating to Job No. 0433, Delavan Fillmore Fire Station, Construction, Plumbing Work, C #92010962. Funds for this project are
to be credited to 30062206 445100 - Division of Buildings.
PASSED
AYES - 6 NOES -0
NO. 16
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, General Construction,
Patrick Development of WNY, Inc., C #92010833.
1. Deduct additional money for Siracuse Engineers support due to support during construction.
Deduct $ 566.50
The foregoing change results in a net decrease in the contract of Five Hundred Sixty Six and 50/100 Dollars (- $566.50).
Current Contract Amount $3,107,023.86
Amount of This Change Order ( #18) $ 566.50
Revised Contract Amount $3,106,457.36
Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, Architect, PC) and the Department of Public
Works, Parks & Streets and were found to be fair and equitable. Funds for this work are to be credited to 38321006 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. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated February 27, 2006, 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. 18, to Patrick
Development of WNY, Inc., a decrease in the amount of $566.50, as more fully described in the above communication, for work
relating to Job No. 0324, North Jefferson Library, General Construction, C #92010833. Funds for this project are to be credited to
38321006 445100 - Division of Buildings.
AYES - 6 NOES -0
NO. 17
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, General Construction,
Patrick Development of WNY, Inc., C #92010833.
1. Furnish and install plaque. Add $ 6,198.50
The foregoing change results in a net increase in the contract of Six Thousand One Hundred Ninety Eight and 50/100 Dollars
($6,198.50).
SUMMARY
Current Contract Amount $3,100,825.36
Amount of This Change Order ( #17) $ 6,198.50
Revised Contract Amount $3,107,023.86
Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, PC) and the Department of Public Works, Parks &
Streets and were found to be fair and equitable. Funds for this work are available in 38321006 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. Bonifacio moved That the Commissioner of Public Works, Parks and Streets be authorized to change the contract in the amount
of $6,198.50 in order to furnish and install a plaque at the North Jefferson Library
PASSED
AYES — 6 NOES 0
No. 18
480 Abbott Road;
Canopy within
City right of way
(South District)
Mr. Patrick Byrne, owner of Byrne Insurance, located at 480 Abbott Road, has requested permission to install a wooden canopy,
which would encroach City right of way at said address.
The proposed canopy would measure approximately 4 feet in height, 32 feet in overall length and project 3 feet from the building
face into City right of way.
The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413 -56 (awnings, canopies
and marquees) of the City Charter and has no objection to Your Honorable Body authorizing the Commissioner of Public Works,
Parks and Streets to issue a 'Mere License" for said installation provided the following conditions are met:
1. That the applicant obtain any and all City of Buffalo approvals and /or permits necessary.
2. That the canopy be installed exactly as shown on plans submitted to and approved by the Department of Inspection
and Permit Services.
3. That the applicant be responsible for maintenance of the encroachment as long as it remains within City right of
way.
That the applicant supply the City of Buffalo with a five thousand dollar construction in street bond or certificate of insurance, which
will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance,
use or removal of said canopy.
Mr. Bonifacio moved:
That the above communication from the Department of Public Works, Parks and Streets dated March 2, 2006 be received and filed;
and
That the Commissioner of Public Works, Parks and Street be, and he hereby is authorized to issue a "mere license" to Mr. Patrick
Byrne, owner of Byrne Insurance, located at 480 Abbott Road, to install a wooden canopy, which would encroach city right -of -way at
said address, subject to the conditions as listed above and with the review of the Planning Board
Passed.
AYES — 6 NOES — 0
NO. 19
Control Board Office Space
Item No. 106, C.C.P. 02/21/06
The referenced item was sent to this office for comment.
Depending on the amount of space required by the Erie County Fiscal Stability Authority, I do believe that we could accommodate
their office space requirements within Buffalo City Hall.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 20
Emergency Reconstruction
Old I Ward Community Center
On January 16, 2006 we were notified that a large section of the skylight over the Old 1 st Ward Community Center Gym had
partially detached and was being moved by the wind. Upon investigation, Department of Public Works, Parks & Streets' personnel
found that half of the 6 feet wide by 40 feet long skylight was partially off and presented an immediate falling hazard.
Based on this assessment, I declared an emergency and have hired Miller Enterprises, Inc. to remove the skylight and enclose the
roof opening. The cost for this work is $16,232.00.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated February 22, 2006, be received
and filed; and
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award an emergency contract for the
Skylight over the Old 1 st Ward Community Center Gym, to Miller Enterprises, Inc., in the amount of $16,232.00.
PASSED
AYES — 6 NOES — 0
NO. 21
3080 Main St.
Encroachments within City Right -of -Way
(University District)
Mr. Michael Miranda, owner of Four M Sales, Inc., 3080 Main St., Buffalo, NY 14214, has requested permission to encroach City
right -of -way at 3080 Main St. The encroachment would allow Four M Sales to display vehicles.
The Department of Public Works, Parks and Streets has no objection to the proposed encroachments provided the following
conditions are met:
1. The applicant maintains a minimum of seven (7) feet of clear and unencumbered sidewalk at all times.
2. The applicant keep the area, including the public sidewalk, free and clear of ice and snow at all times.
Mr. Bonifacio moved:
That the above communication from the Department of Public Works, Parks and Streets dated March 2, 2006 be received and filed;
and
That the Commissioner of Public Works, Parks and Street be, and he hereby is authorized to issue a "mere license" to Four M
Sales, Inc., located at 3080 Main Street, to display vehicles which would encroach city right -of -way at said address, subject to the
conditions as listed above.
PASSED
AYES — 6 NOES — 0
NO. 22
Increase in Contract
Emerson Park Concession Building
General Contract No. 92010997
(FILLMORE)
During construction activities for the Emerson Park Concession Stand it was determined that a larger water service would be
required to meet tile anticipated usage requirements of the little leagues. Therefore, we recommend that the following changes be
made to Contract No. 92010997, with Wilsandra Construction Co. to address these issues.
ADD
Increase water service from I" to 2" $ 3,900.00
SUMMARY:
Existing Contract Amount This Increase $212,700.00
This increase $ 3,900.00
New Contract Amount $216,600.00
The project Architect, Trautman Associates, has reviewed and recommended these changes and costs. Funds are available ill
Account 38400106.
1 recommend that Your Honorable Body authorizes tile Commissioner of Public Works, Parks and Streets to issue a change order to
C &S Engineers as outlined above.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated February 27, 2006, be received
and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to Wilsandra
Construction Co., an increase in the amount of $3,900.00, as more fully described in the above communication, for work relating to
Emerson Park Concession Building, General Contract No. 92010997. Funds for this project are available in Account 38400106.
PASSED
AYES — 6 NOES - 0
NO. 23
Permission to Hire Consultant and
Enter into Agreements with FHWA / NYSDOT
Erie Canal Harbor Streets Project
PIN #6766.04, 6766.99, 6767.19
South /Ellicott District
The Federal Highway Authority (FHWA) in conjunction with the New York State Department of Transportation ( NYSDOT)
has designated $6.4 million for the design, construction and inspection of the Erie Canal Harbor Streets Projects. This project is
listed on the New York State Regional Transportation Improvement Program (TIP) with P.I.N.'s 5755.04, 5755.99, and 5757.19
In order to move forward, our department is requesting permission to hire an engineering consultant for the design,
construction administration and inspection of this project. This consultant will be selected from the previously State approved list. It
is also necessary for Your Honorable Body to authorize the Mayor and /or our department to enter into all necessary agreements
with FHWA and NYSDOT to facilitate this project. Funds for the City's share of costs is 5% and will be available in a future bond
account to be established in conjunction with the spring 2006 -bond sale.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated March 2, 2006 be received and
filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire an engineering consultant for the
design, construction administration and inspection of the above project. That the Mayor be, and he hereby is authorized to enter into
all necessary agreements with FHWA and NYSDOT to facilitate the above project. Funds for this project are available in a future
bond account to be established in conjunction with the spring 2006 bond sale.
PASSED
AYES — 6 NOES — 0
NO. 24
Request Residential Permit Parking
Item #64, C.C.P. 02/21/06
The referenced item was sent to this department for comment.
It is this department's understanding that the New York State Vehicle and Traffic Law would not allow the City to institute residential
parking permits. It is our understanding that the only restricted parking allowed in this City is for properly identified individuals with
handicaps.
I suggest that this item be referred to the Corporation Counsel for opinion.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 26
Justice Assistance Grant Program Renewal
[:Item #92, C.C.P. 04/06/06]
As you are aware, last year the US Department of Justice initiated funding under the Justice Assistance Grant (JAG) Program,
which replaced the Byrne Formula and Local Law Enforcement Block Grant Programs. JAG serves as the single funding
mechanism for the administration of these grants and the City, last year, in partnership with Amherst, Cheektowaga and West
Seneca served as the grant applicant and fiscal agent so that the City could retain at least the majority share of funding.
This year, for round two funding, the Bureau of Justice has certified that the County of Erie, the City of Buffalo, the Towns of West
Seneca and Cheektowaga (Amherst was knocked out) as "disparate" and therefore, we must submit a JOINT application for the
aggregate of funds allocated to this area. The award this year under JAG is $287,519 (a 40% decrease from last year) and it must
be shared with these government entities who must all agree on the allocation, or no one gets the funding.
Again, the City of Buffalo, in order to retain at least the majority of the share of funding it previously received under the Local Law
Enforcement Block Grant for 8 years, and from JAG funds awarded last year, has been jointly appointed to serve as the
Applicant /Fiscal Agent for these funds by the above entities. The application is due by March 2, 2006. In order to file the grant
application, which requires notification of the Applicant /Fiscal Agent's governing body, we are notifying you as a mandated
requirement by the "feds" under this application process.
At this time, we are notifying you that the City of Buffalo will be accepting the funds totaling $287,519 and distributing them (which
will be outlined in Memorandums of Understanding) to each participating entity as follows:
Buffalo /County of Erie: $266,507 ($210,507 City initiatives /County initiatives: $56,000)
'Note: A $5,735 increase for Buffalo (a rarity when you look at other entities)
Town of Cheektowaga (Police Department) :$i0,623($75,660 decrease from last year's award)
Town of West Seneca (Police Department):$10,389($32,832 decrease from last year's award)
Any law enforcement or justice initiative previously eligible for funding under LLEBG or Byrne funding is encouraged to be continued
and eligible for funding under JAG. The City's allocation will continue to fund initiatives under the Local Law Enforcement Block
Grant (Save our Streets Initiative ($60,000), Drug Courts ($25,000), Code of Conduct /Anti Crime Prevention Programs ($30,550)
Law 4' — Enforcement Initiatives /Equipment ($94,957).
Erie County will continue to fund the Regional Community Policing Center ($18,000) and the Juvenile Prosecutor in the District
Attorney's Office ($38,000).
The feds changed the extension process from last year, and while we have an extension for the government review, we do not for
the grant application submission (which we just found out about this past week). In addition, we were only notified about the
availability of funding 1/18/06, and due to the fact that our Police Commissioner has just been confirmed, as well as the transition
within the Department involving a totally new command structure, and due to new administrators in the Department of Citizen
Services, which oversees the grant for the City internally, we have just been able to advise new staff about the submission plan.
Again, we must have your approval as we prepare for the acceptance and spending of these funds, in addition, we must have your
approval prior to notifying the Control Board.
If you have any questions, please contact Inspector Joseph F. Strano or Maureen Oakley of our Grants Section at 851 -4475.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Police dated February 24, 2006, be received and filed; and
That the Commissioner of Police, accept the funds totaling $287,519 and distributing the funds as listed above and more fully
described in a Memorandum of Understanding for the Justice Assistance Grant Program.
Passed.
AYES — 6 NOES — 0
NO. 26
Modification Approval: Justice Assistance Grant]
REFER TO: (2/24/06 Communication Recently Filed With City Clerk For Council 3/7/06 Meeting)
As you were recently notified, the City of Buffalo in partnership with the County of Erie, Towns of Cheektowaga, and West Seneca
Police Departments, received $287,519 in federal funding under the Justice Assistance Grant (JAG) Program. Per a
correspondence dated February 24, 2006, and which was filed on February 28 we outlined the procedures for the grant
application as well as the funding allotments for the various entities involved.
Because of the change in process, along with the transition of the new administration, and the time constraints for this rather
unconventional grant application submission, we were forced to file the initial notification by that February 28 date. However, upon
the City's further review and further negotiations with the County of Erie, it was brought to our attention that there were some
budgetary changes that were going to be made to the application upon its deadline submission of 3/2/06.
Therefore, we are now submitting this correspondence as a modification for approval by your Honorable Body. The budget that was
submitted with the actual grant application is attached for your review, which differs from the budgets listed in the original
correspondence filed with your Honorable Body. Please note that the most significant changes are the budgets for Police and the
Division for Citizen Services' Save our Streets Initiative.
Again, we would ask that your Honorable Body approve the acceptance and spending of these funds, and in addition, we must have
your approval prior to notifying the Control Board. Also be advised, we only have until your March 21 full Council meeting to secure
your approval as we must notify the "feds" no later than March 30, 2006.
If you have any questions, please contact Inspector Joseph F. Strano or Maureen Oakley of our Grants Section at 851 -4475, or
Oswaldo Mestre of the City's Division of Citizen Services at 851 -5307.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Police dated March 3, 2006, be received and filed; and
That the Common Council accept the spending of $287,519 in federal funding under the Justice Assistance Grant Program.
Passed.
AYES — 6 NOES — 0
NO. 27
CERTIFICATE OF APPOINTMENT
Appointment Effective 2/3/06 in the Department of Police to the Position of Chief permanent non - competitive at the maximum
starting salary of $84,771
DENNIS RICHARDS 39 GROVELAND BUFFALO NY 14214
DONNA BERRY 380 RICHMOND AVE BUFFALO NY 14222
MARCIA SCOTT 17 LENNOX AVE SNYDER NY 14215
JAMES SHEA 203 MCKINLEY PKWY BUFFALO NY 14220
REFERRED TO THE COMMITTEE CIVIL SERVICE
NO. 28
Certificate of Appointment
Appointment Effective: February 27, 2006 in the Department of: Police to the Position of: Secretary to the Commissioner of Police
Permanent at the: Flat
Starting Salary of: $ 29,138
KAREN C THOMAS 20 EAST MORRIS AVE APT 6 BUFFALO NY 14214
REFERRED TO THE COMMITFEE ON CIVIL SERVICE
FROM TH E COMMISSIONER OF FIRE
No. 29
Vacating of Ladder 12 Facility - Grant /Amherst Streets
Please be advised that the Buffalo Fire Department has vacated the old Ladder 12 building located at 395 Amherst Street (near
Grant). This property may be
turned over to the Division of Real Estate.
REFERRED TO THE COMMITTEE ON FINANCE, CORPORATION COUNSEL, DIRECTOR OF REAL ESTATE
FROM THE CORPORATION COUNSEL
NO. 30
All High Stadium
The Joint School Construction Board (JSCB) is renovating All High Stadium as part of the JSCB Phase II project. The total
construction cost is estimated to be approximately $7.6million dollars. Of this amount, $6.6 million dollars will come from the Joint
School Construction Board Financing. The County of Erie has agreed to provide $1,000,000 of the project costs. The source of the
County's money will be the Tobacco Trust Fund. This allocation was approved by the Erie
County Legislature on March 5, 2005. A copy of the County resolution is attached herein. Recently, the County attorney advised
the JSCB that the County's bond counsel requires that a
"Recreation Easement" be granted by the owner of the stadium in order that County bond funds be used for the stadium restoration.
Since the City has title to the stadium, the easement agreement must be with the City of Buffalo. A copy of the proposed "Recreation
Easement" Agreement is attached hereto. The easement is merely an agreement to continue using the stadium for public
recreational and athletic purposes during the life of the bonds (i.e. thirty (30) years). The agreement has been reviewed by the Law
Department and the Buffalo Board of Education and is acceptable.
The Corporation Counsel respectfully requests that your Honorable Body authorize the City of Buffalo to enter into the
agreement and the Mayor to execute the agreement on behalf of the City of Buffalo. This will allow county funds to be used for the
renovation of All High Stadium.
Mr. Bonifacio moved:
That the communication from the Corporation Counsel, dated February 28, 2006, be received and filed; and
That the Corporation Counsel be and she hereby is authorized to enter into the Recreation Easement Agreement with the County of
Erie for All High Stadium and the Mayor to execute the agreement on behalf of the City of Buffalo.
PASSED
AYES — 6 NOES — 0
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT &
INSPECTION SERVICES
No. 31
50 Court Street
Your Honorable Body has requested information relating to SEQRA compliance for the above - referenced project. A
review of the record regarding this project indicates that BURA was properly designated as lead agent; that BURA took the
necessary "hard look" at the project, and the BURA has properly issued a negative declaration regarding the environmental impact
of this project. Counsel has advised that pursuant to the SEQRA regulations, involved agencies such as the Common Council are
bound by the determination made by the Lead Agency. Consequently, no additional SEQRA action is necessary prior to Common
Council action regarding the land transfer.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 32
Food Store License
1172 Broadway (Fillmore)
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 1172 Broadway 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. 33
Food Store License
289 Hamburg (Fillmore)
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 289 Hamburg 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. Bonifacio moved:
That the above communication from the Department of Economic Development, Permit and Inspections Services dated February
16, 2006, be received and filed; and
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be,
and he hereby is authorized to grant a Food Store License to Saad Ahmed, located at 289 Hamburg.
PASSED
AYES —6 NOES —0
NO. 34
Food Store License
2078 Niagara (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 2078Niagara 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. Bonifacio moved:
That the above communication from the Department of Economic Development, Permit and Inspections Services dated February
16, 2006, be received and filed; and
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be,
and he hereby is authorized to grant a Food Store License to Daniel Shanahan, located at 2078 Niagara.
PASSED
AYES — 6 NOES — 0
NO. 35
L. Kelly & O- Req. Demo of Murphy's Bar -
577 S.Park Ave & Haz Cond -[:586 South Park
(Item No. 46, C.C.P. 1/24/2006:
1 am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following
information. The Department of Economic Development and Permit and Inspection Services have as active Housing Code Violation
file on both 577 and 586 South Park Avenue. As of this writing the property at 577 South Park has partially collapsed. The
Department is pursuing demolition. The property at 586 South Park Avenue is a very large structure. Is vacant but secure. The
garage at this location in a state of collapse and will be removed. We are exploring both legal and financial resources required to
demolish and remove all of the aforementioned structures. We will keep your Honorable Body informed as to the progress made in
reference to this problem.
RECEIVED AND FILED
NO. 36
Restaurant Dance License (RENEWAL)
2897 Bailey (University)
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises
located at 2897 Bailey for which said renewal application for a Restaurant Dance Class IV license is being sought and according to
the attached reports from the Fire Department, Police Department and Building Inspections, 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. 37
Used Car Dealer
742 Kensington (Masten)
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 742 Kensington and find that as to form is correct. I have caused an investigation into the
premises for which said application for a used ear 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 William Brooks. The attached thereto for William
Brooks d /b /a Brother's Auto Sales. This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 38
Grass Cutting Charges
Item #32, C.C.P. 2/7/06
1 have reviewed the request by Commissioner Giambra to add grass cutting charges as assessments on the local property rolls and
find it consistent with past practice. I would recommend that you refer this item to Commissioner Michaux for her review and
comment.
RECEIVED AND FILED
NO. 39
IVPM for Demonstration
This is to request authorization for the Division of Parking Enforcement to utilize 25 In Vehicle Parking Meters for demonstration
purposes for public use with 10 units going to Buffalo Niagara Medical Campus.
Mr. Bonifacio moved:
That the communication from the Director of Parking Enforcement, dated March 1, 2006, be received and filed; and That the
Division of Parking Enforcement be, and they hereby are authorized to utilize 25 In Vehicle Parking Meters for demonstration
purposes for public use with 10 units going to Buffalo Niagara Medical Campus.
Passed
Ayes — 6 noes —0
No. 40
Lackawanna Traffic Signals —
Regionalism- Shared pal Services
Item #60, C.C.P. 2/7/06
1 have reviewed the item and understand that Commissioners Giambra and Tobe have been involved in discussions concerning
traffic signals and signage. It is my understanding that we are hoping to develop a proprietary fund for these items and operate it as
entrepreneurial activity. I would recommend referring this item to Commissioners Giambra and Tobe for their review and comment.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 41
Second Quarter Gap
Item #14, C.C.P. 2/21/06
1 have reviewed the item filed by the Comptroller's Office and am in fundamental agreement with the Comptroller. I would note that
the second quarter gap that was filed with the Control Board and Common Council suggests drawing down the $6 million in spin -up
aid if we are unable to close the gap by other means. At this time, the $6 million is not included in the City Budget for 2005 -06.
1 appreciate the Comptroller's invitation to discuss gap issues with his office prior to finalizing our report and will do so in the future. I
would like to note that the Comptroller's Office has just prepared a spreadsheet for the Control Board detailing potential changes in
the City's fund balance. This spreadsheet, which was developed by Deputy Comptroller Fishkin and City Accountant Forti - Sciarrino,
does an excellent job of using past fiscal year's data to estimate changes in the fund balance at year -end of the current fiscal year.
My office met with the Deputy Comptroller and City Accountant before the report was finalized and sent to the Control Board. We
have agreed that we will include this document in future gap submissions and that we will discuss material issues before finalizing
the report.
I trust this satisfies your inquiry.
REFERRED TO THE SPECIAL COMMITTEE ON BUDGET
FROM THE COMMISSIONER OF COMMUNITY SERVICES
NO. 42
YEAR 31 QUARTERLY REPORTS ON FAIR
HOUSING GRANT RECIPIENTS
RESOLUTION #109 CCP FEBRUARY 21,2006
Attached please find Quarterly Reports for Year 31 Community Development — Grant Funded Fair Housing Contracts.
These Fair Housing Reports were previously filed with the Public Service Quarterly Reports.
Copy available in the City Clerks office for review
RECEIVED AND FILED
FROM THE BOARD OF EDUCATION
NO. 43
Parent Involvement in Buffalo Pub c Schools
(Item #108, C.C.P. 2/21/06)
1 want to thank Council Member Antoine Thompson and Members of the Common Council for their support of Parent
Involvement in the Buffalo Public Schools.
Parent Involvement is a crucial building block in our Three Year Plan for the revitalization of the Buffalo Public Schools. I have
requested Reverend Kinzer Pointer and the Executive Committee of the District Parent Coordinating Council (DPCC), to review and
revise our Parent Involvement Policy. They have been diligently working on this task with input from our parents. When the new
policy is completed it will be presented to the Board.
I invite you to meet with Reverend Pointer and the Executive Board to discuss the policy and join in our vision.
Please call Diane Cozzo, director of Community Relations and Parent Involvement at 816 -3007 to schedule a meeting.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION
FROM THE COMMISSION ON CITIZENS RIGHTS AND COMMUNITY
RELATIONS
NO. 44
B. Davis - R. Daniel - Discriminatory Practices - Area 42 Bar
Item No: #63 - C.C.P. February 21, 2006
In response to your request for review of Item #63, C.C.P. Feb. 21, 2006 - B. Davis - R. Daniel - Discriminatory Practices - Area 42
Bar - the Commission on Citizens' Rights and Community Relations has prepared the following response:
Mr. Daniels was contacted by the Commission and after discussion was sent a formal complaint form on 2/28/06. Once the
complaint is received by the Commission, it will be referred to the Citizens' Rights Committee for review and investigation.
When the investigation is complete, the Commission will notify the Council as to the final outcome.
RECEIVED AND FILED
FROM THE CITY CLERK
NO. 45
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
1803 SOUTH PARK AVE 1803 SOUTH PARK AVE TIMOTHY O DEVANY SR
RECEIVED AND FILED
NO. 46
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 — Yolanda Quintana, Leona Flowers
RECEIVED AND FILED.
No. 47
Notices of Appointments - Council Interns
I transmit herewith appointments to the position of Council Intern.
Mr. Bonifacio moved the approval of the appointments to the position of Council Intern.
ADOPTED
Appointment Effective: Feb 27, 2006 in the Department of Common Council Division of City Clerk to the Position of Intern VI
Seasonal, Appointment Flat Starting Salary $10.00 per hour
Susan Collins 140 Riverside Ave Buffalo, NY 14207
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No. 48
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.
CERTIFICIATE OF APPOINTMENT
Appointment date 2/21/06 to the department of Parking Enforcement title of Laborer II starting salary of $8.15 hr Seasonal
Kevin Derfert 25 Longnecker Buffalo, NY 14206
Joseph Mielcarek 43 South Pontiac St Buffalo, NY 14206
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
POSITION ALLOCATION MAINTENANCE FORM
Appointment effective March 1, 2006 in the Department of Public Works, Parts and Streets to the Position of Laborer II, Seasonal at
the flat starting salary of $8.15/hr
Chester Nicometi, 89 Hoyt Street, Buffalo, NY 14213
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
NO. 49
S. SCHUMER -COB TARGET DEMO PROGRAM
Office of Senator Charles E. Schumer
Fiscal Year 2007 Appropriations Request Form
Date Submitted: March 1, 2006 City: Buffalo County: Erie
Project Title: City of Buffalo Targeted Demolitions Program
Name of Submitting Institution: Buffalo Urban Renewal Agency
Address: 920 City Hall, Buffalo, NY. 14202
Project Description (One or Two sentence description of how money will be spent):
The City of Buffalo Targeted Demolitions program will enhance investments made by the public sector in school rehabilitation, park
renovation, and new housing development. The City of Buffalo is proposing an aggressive demolitions program that will target
neighborhoods surrounding these valuable assets.
Authorizing Federal Legislation (if applieable): no
Amount of funding requested for FY 07: n/a
Priority (if submitting more than one request; two maximum):
Total Project Cost: $500,000 President's Budget: 0
Please list ALL anticipated /received sources of funding for the project, and the amount you expect to receive /have already received
from each source. (e.g. State, Local, Private):
Appropriation Bill: Transportation, Treasury, HUD
Program Title: EDI
House Member: Slaughter House Staffer(s): Julie Carr
If you have previously received federal funding, please list the amount of money this project has received over the last four fiscal
years.
FY06 Appropriation:
FY04 Appropriation:
Staff Contact Information at the Institution:
Name: Timothy Wanamaker
Address: 920 City Hall, Buffalo, NY. 14202
Email: tanamaker @city- buffalo.com
Phone: 716-851-5035 Cell: 716-570-0656
Other (24 Hour Number): same
Weekend: same
Highest Level Person at the Institution (who the Congresswoman may contact directly):
Name and Title: Byron W. Brown, Chairman
Address: 65 Niagara Square, Buffalo, NY. 14202
Email
Phone: 716.851.4841
Lobbyist /Government Affairs Representative for the Institution (not required)
Name: Patrick Gould
Address: Capitol Partners
Email pgould @capitol - partners.com
Phone /Celh 716 - 536 -2470
City of Buffalo Targeted Demolitions Program
The Buffalo Urban Renewal Agency (BURA), through the development of the Livable Communities Initiative, has identified key
targets for demolitions over the next 10 years. These demolitions enhance investments made by the public sector in school
rehabilitation, park renovation, and new housing development. The City of Buffalo is proposing an aggressive demolitions program
that will target neighborhoods surrounding these valuable assets. The Buffalo Targeted Demolition Program includes:
An aggressive neighborhood inspections strategy, which emphasizes code enforcement as a tool for supporting healthy
neighborhoods (reinforce neighborhoods), to stimulate transitional neighborhoods (revitalize neighborhoods), and to remove blight
(rebuild neighborhoods).
1. Develop relationships between City and The U.S. Department of Housing and Urban Development (HUD) to identify properties
in their respective inventory suitable for demolition;
2. Identify and inventory all deteriorated properties;
3. Investigate feasibility of reclaiming selected structures as part to the Homestead Program;
4. Cause all properties beyond reclamation to be demolished; and
5. Coordination of demolition efforts with Common Council members, Neighborhood Leaders, and the Buffalo School Board is
essential.
The Buffalo Targeted Demolition Program is strategic. It uses a combination of Federal and Capital Budget allocations to remove
the blighting influences of abandoned privately and public owned real estate through prioritization as follows:
Priority 1 - Abandoned Property Adjacent to Schools - vacant property in the immediate blocks facing school sites. These properties
serve as staging areas for activities that negatively affect Pre -K through 12 school age children.
a. Priority la - Properties next to rehabbed schools in the Joint Schools Construction
Board program
b. Priority lb - Properties next to other Pre -K through 12 school buildings
Priority 2 - Adjacent to Occupied Structures - these properties will be selected due to the danger they present to the adjacent
occupied building and the tendency for these derelict properties to attract and retain criminal activity that negatively impacts the
immediate neighbors.
a. Priority 2a - Properties next to newly constructed or newly renovated housing b. Priority 2b - Properties next to other owner
occupied structures
Priority 3 - Emergency - those properties that pose an imminent threat to public safety. These properties will be selected due to the
danger they present to the public and the tendency for these derelict properties to attract and retain criminal activity that negatively
impacts the city.
4. Priority 4 - Demolition Target Areas - are blocks within the city that have vacant parcels and abandon buildings in excess of
30% of total land mass.
RECEIVED AND FILED
NO. 50
D. BONIFACIO -BLDG A BETTER BFLO PHILANTHROPIC FUND AGREEMENT
Dear Mr. Chwalinski:
Please file this item for the next meeting of the Common Council on Tuesday March 7, 2006 for review.
Very Truly Yours,
Dominic J. Bonifacio, Jr.
WHEREAS, it is widely held that a key to the revival of Buffalo is a senior City administration of the highest caliber; and
WHEREAS, the adverse fiscal situation faced by the City of Buffalo makes it particularly critical to identify and secure the best
possible senior City of Buffalo. Officials; and
WHEREAS, it is recognized that a professional, extensive search process is necessary to identify and secure the best candidates
from both a national and local pool; and
WHEREAS, it is recognized that it will be necessary to secure funds to cover necessary recruitment and relocation costs, including
moving expenses and temporary housing; and
WHERE.AS, it is also acknowledged that it may he necessary to augment compensation packages in ways appropriate within City
of Buffalo laws; and
WHEREAS, various community members want to relieve the publics burden of such extraordinary but needed expenses by
assembling contributions to provide this essential support; and
WHEREAS, the Community Foundation for Greater Buffalo, Inc- (the "Community Foundation ") has supported currently supports
the needs of the City through funds and programs; and
WHEREAS, the Community Foundation wishes to support this community effort on behalf of the improvement of the City and [name]
(the "Fund Established')
Whereas to establish a use - restricted philanthropic fund (the "Fund ") within the Community Foundation for the purposes set forth
above:
NOW, THEREFORE, Robert D- Giola the Fund Establisher and the Community Foundation agree as follows:
• The Fund Establisher does hereby irrevocably transfer and set over the sum of $1,000 m establish a Philanthropic Fund to
accomplish these purposes at the Community Foundation for Greater Buffalo-
2. Name of the Fund. This Fund is named the Building a Better Buffalo Fund
3. Designation of purpose The charitable purposes of this Fond shall be to provide funding to enable a comprehensive professional
search for the best candidates for new City of Buffalo senior administrative positions, to support relocation expenses for out -of -area
candidates, and to augment compensation for contain positions as necessary and appropriate. The Fund shall be used only in ways
consonant with the charitable purposes of the Foundation as set forth in its organizational and governing documents.
4. Additional Contribution. Additions to the Fund may be made at any time by the Fund Establisher or other Donors, which
contributions shall be irrevocable, unconditional, and subject
to the terms of this agreement, if contributions are through stocks and bonds gifted to the Fund, those assets will be sold by the
Foundation and the proceeds available for distribution will be the: amount remaining after applicable commissions and fees are
deducted.
5. Restrictions on Benefits Neither the Fund Establisher nor any other Donor(s) may receive any economic or other tangible
benefit or privilege in return for a distribution from the Fund.
6. Confidentiality. To protect the City and its officials from any pressure or appearance of pressure from Donors to this fund,
confidentiality of all donations will be honored. Notwithstanding such intent, the Foundation may have to reveal who donors are and
the details of individual gifts.
7. Role of the Community Foundation ("Foundation"). The Fund shall be the property of the Foundation in its corporate capacity, and
the Foundation shall have the ultimate authority and control over all property in the Fund The Foundation will not contribute to the
Fund, but will receive and acknowledge contributions from others, bold these, and distribute them to the City of Buffalo as described
below.
8, Management of The Fund shall be administered under the Guidelines for Operation of Philanthropic Funds approved by the
Foundation, including any amendment .% hereby made a part of this Agreement. No fees will be charged to the Fund; however, it is
understood that any and all ordinary income generated by the assets in the Fund will be retained by the Foundation as a
contribution towards the expense of the Fund's creation and maintenance.
9. Distributions. Distributions limited to the general purposes designated above will be made by the Foundation quarterly
upon receipt and verification of qualified expenditures submitted by the Deputy Mayor for Operations or his /her designee.
The Foundation may ask for cortlfiealian as to the reasonableness of the amounts proposed to he paid from the Fund and such
other information as the Foundation may reasonably require in order to exercise its authority under this Agreement.
10. Limitation on Distributions. Payments specifically related to identified appointees for a specific post may come only from funding
received or pledged prior to identification of the specific person selected to fill a position.
11. Governing Law Nothing in this Agreement shall affect the status of the Foundation as an organization described in Section 501
(eX3) of the Internal Revenue Code of 1986, as amended, and as an organization which is not a private foundation within the
meaning of Section 509(a) of the Code. This Agreement shall be interpreted to conform to the requirements of the foregoing
provisions of the federal taut laws and any regulations issued pursuant thereto and will be governed in accordance with the
laws of the State of New York. The Foundation is authorized to amend this Agreement to conform to the provisions of any
applicable law or government regulation in order m carry out the purposes of the Foundation. References herein to provisions of the
Internal Revenue Code of 1986, as amended, shall be deemed references to the corresponding provisions of any future Internal
Revenue Code.
12. Exercise of Variance Power, The Fund is protected from obsolescence. Should the purposes for which the Fund is establish
ever become obsolete or incapable of fulfillment, the Board o£ Directors of the Community Foundation as authorized under its
Certificate of incorporation shall
exercise it's judgment' to select a similar use for the Fund that will most nearly fulfill the original charitable intent of the Fued.
13. elg case from Liability. The Foundation shall be released from all liability, except in the ease Of malfeasance,
related to this Fund.
14. Duration of the Fund This Fund is intended to expire on the last day in office of the initial term of Mayor Byron Brown.
Extension beyond that is not promised.
IN WITNESS WHEREOF, this agreement is duly authorized as follows:
Fund Establish Community Foundltion for Greater Buffalo, inc.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 51
RESIGNATION LETTERS
Due to my recent victory in the New York State Senate 60 District Special Election held on February
28, 2006, 1 hereby resign my office as Councilmember of the Delaware District effective midnight, Tuesday, February 28, 2006.
It has been my extreme pleasure serving as Delaware District Councilmember as well as Majority Leader. I am honored and grateful
for the opportunity the Delaware District residents bestowed on me and I look forward to continuing to serve them as well as all the
residents of the 60 Senatorial District.
Marc A. Coppola
David A. Franczyk, Council President
Dominic J. Bonifacio, Jr, Majority Leader
RECEIVED AND FILED
NO. 52
INFO BMHA COMMISSIONERS STAFF
Request To Determine Whether Actions of BMHA Commissioners and Staff Constitutes Criminal Activity That Should Be
Prosecuted
Dear Mr. Clark:
The U.S. Department of Housing and Urban Development (HUD) recently completed a Comprehensive Management Assessment of
the Buffalo Municipal Housing Authority (BMHA). A copy of the Management Assessment is enclosed for your review.
draw your attention to the following findings contained in the HUD
report:
Finding Number 3: BMHA Travel Irregularities And Non -
Compliance With Approved Travel Policy
In the 2003 fiscal year, the BMHA Travel Policy did not require reconciliation of travel expenses, reconciliation of credit card bills, or
submission of receipts by travelers. In response to an independent audit in 2003 the BMHA amended its policy to require actual
receipts for employee travel, effective 2004. The audit completed the following year observed that the travel policy was not being
enforced in that cash advances were provided for travel expenses.
According to HUD, BMHA records show overpayment of travel funds to travelers and individuals were allowed to keep the
overpayments. The pocketing of taxpayer dollars due to overpayment of travel expenses may constitute criminal activity. I would
appreciate your office reviewing this finding to determine if criminal charges are warranted.
Finding Number 4: Cell Phone Policy Abuses
HUD determined that individuals with BMHA supplied phones refused to repay BMHA for calls determined to be personal in nature.
In April of 2005, BMHA wrote off almost $7,000 owed to them from Commissioners and staff who had not paid bills for personal use
of BMHA provided cell phones.
The HUD report reveals that one Commissioner averaged $461 monthly in cell phone bills, and one month, had charges of $712.
HUD stated in this finding that "A review of the individual billing records shows highly questionable activity by Commissioners, both
in terms of the number of calls and as well as the extensive out -of -town calls."
Utilizing tax payer funded cell phones for personnel use and refusing to reimburse the BMHA for such personal use may constitute
criminal activity. I would appreciate your office reviewing this finding to determine if criminal charges are warranted.
Finding Number 6: Ineligible Uses of BMHA Issued Credit Cards
BMHA has one business credit card and seven credit cards issued in the name of each of the seven Commissioners. HUD's review
showed questionable usage of the credit cards. In 21 months, from July 2003 to April 2005, $79,436 was charged on BMHA credit
cards. A review of Commissioner credit card records shows ATM cash advances, locally and out -of -town, local dining and
entertainment charges, and use of the BMHA business card in local drugstores and supermarkets.
As travel advances were often provided to Commissioners for travel expenses, ATM cash advances and out -of -town meal charges
may represent double payment. According to the HUD report, attempts to get reimbursement from Commissioners for personal
charges made on BMHA credit cards were not successful.
Once again, utilizing tax payer funded credit cards for personal use and refusing to reimburse the BMHA may constitute criminal
activity. I would appreciate your office reviewing this finding to determine if criminal charges are warranted.
Buffalo News Article 2/19/06:
According to a Buffalo News article by reporter James Heaney (copy attached), by failing to submit receipts to document travel and
credit card expenses, commissioners violated federal regulations.
The Buffalo News obtained cell phone bills and found that one commissioner made and received 65 calls from a son in North
Carolina, 134 involving a son in Maryland and 101 to a person described as a spiritual adviser in New Jersey. One commissioner
has admitted to turning off the phone in her apartment and relying on the BMHA cell phone for all of her telephone service. This
commissioner made 55 calls to her daughter in Tennessee.
The BMHA determined that Commissioner Qadir owed BMHA $2,509; Commissioner Colston owed $655; and Commissioner
Rogers $370. Memos exist which document requests for payments to the BMHA.
New York State Penal Law Section 196.00:
Under Penal Law Section 195.00 a public servant can be found guilty of Official Misconduct, a class A misdemeanor. I would
appreciate your office reviewing this statute to determine if it can be utilized to address the actions of BMHA Commissioners in
regard to their use of travel expenses, cell phones and credit cards.
My concern is that when the trust of taxpayers has been betrayed, people need to be held accountable for their actions. It is
shocking to me when individuals who have been placed in a position of leadership and fiduciary responsibility engage in wrongful
conduct and simply flat out refuse to reimburse the BMHA for personal expenditures. In the end it appears that taxpayers have
incurred the costs for inappropriate travel, cell phone and credit card expenses. While the dollar amounts involved may pale in
comparison to other larger matters you have prosecuted, violations of public trust are serious and deserving of investigation and
criminal charges if warranted.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 63
ROSEMARIE LOTEMPIO EXPRESS INTEREST IN DELAWARE DISTRICT VACANT SEAT
Dear Council President Franczyk and Honorable Councilmembers
This letter is written to express my interest in obtaining the appointment for the vacant Delaware District Council position. A lifelong
resident of the City of Buffalo and a resident of the Delaware District for over ten years, I have the commitment and experience
necessary to undertake the challenging duties of being a Council representative.
My experience includes working for the Buffalo Common Council as a Legislative Assistant for over 11 years. As a Legislative
Assistant I am fully aware of the responsibilities associated with being a Councilmember as well as the many important issues facing
the City of Buffalo.
My community involvement consists of being an active member of St. Margaret's Parish and St. Margaret's School where my
daughter attends.
I intend on personally meeting with each one of you to discuss my qualifications and any concerns or questions that you may have. I
thank you for your time and consideration.
Sincerely,
Rosemarie LoTempio
REFERRED TO THE COMMITTEE OF THE WHOLE
NO. 64
PKG REGULATIONS
ISSUE THAT NEEDS TO BE ADDRESSED
Hello. =1 am writing because I have a question about parking regulations in the city.
I have family that live on Smith Street in Buffalo, right of the 190: 1 am writing on behalf of them because they do not have access to
the internet. They (and the majority of people living :on the street) have been living in their home for over 30 years and have been
parking on their street for all of those 30 years. They understand the traffic rules in their neighborhood and have been following them
for years.
The signs on the one side of the street state: No parking Mon -Fri 7am -9am and 4pm -7pm. It has always been their impression that
the reason for this limited parking was because those were the rush -hour times, and the busses and traffic needed to get through.
Also, the if it snows on an even day, the cars need to be parked on the side of the street with the odd numbers, so that the "even"
side of the street can be plowed. These are the laws as they know them. These are the laws as they've followed them. These are
the laws that have been in place for 30+ years.
Mind you, the majority (almost 3/4s) of the home owners on the street do NOT have driveways. They DEPEND on parking in the
street. Now, for several days, police (or the parking bureau) have come down the street and issued MASS tickets for "parking on a
bus route between November and April ".
What is the law behind this? I want to know where, if not from you, we can get a copy of this statute, If there was no parking allowed
during those months, why wouldn't it be on those signs? Why would the signs stipulate HOURS allowed for parking, but not whole
MONTHS of the year ?!? Why has this never been enforced before? ; If this *IS* in fact, a real law.., how to we go about lobbying for
a change? If, in fact, you CANNOT park on a bus route.., then how can there be meters along Delaware, Elmwood, Main Street,
etc ? ? ?? That is just two - sided. One cannot enforce a "law" for some people and not all people!
The inability to park is negatively affecting many members of our neighborhood. Since many of the homeowners are long -
established, that means we have several quite elderly people having to park their cars city BLOCKS away from their homes and
walk in the bitter cold over treacherous icy sidewalks. Not to mention, if this law is actually TRUE, the enforcement of it in our
neighborhood is going to severely depreciate the value of our homes!
I would appreciate any help you can offer, whether it be directly or informing me as to who I can contact further. &n bsp;
REFERRED TO THE COMMITTEE ON LEGISLATION, , THE COMMISSIONEROF ADMINISTRATION AND FINANCE, URBAN
AFFAIRS AND COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
NO. 55
STATE ENVIRONMENTAL QUALITY REVIEW ACT
NEGATIVE DECLARATION
NOTICE OF DETERMINATION OF NON - SIGNIFICANCE
GENESEE VILLIAGE URBAN RENEWAL PLAN
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality
Review Act - SEQR) of the Environmental Conservation Law.
The Common Council of the City of Buffalo, as SEQRA Lead Agency, has determined that the proposed action described below
will not have a significant adverse effect on the environment and that a Draft Environmental Impact Statement will, therefore, not be
prepared.
Name of Action: Adoption of the Genesee Village Urban Renewal Plan).
Location: All lands (60 parcels) are located between Ellicott Street on the west, Oak Street on the east, East Tupper Street on the
north and East Huron Street on the south, City of Buffalo, Erie County, New York.
Description of Action: The Common Council of the City of Buffalo, as Lead Agency, intends to adopt an Urban Renewal Plan for
the Genesee Village area as a comprehensive planning program for this neighborhood, to support the long -term revitalization and
redevelopment. This plan will assist in the elimination of existing signs of blight and substandard conditions and promote economic
development in this area. The objective of the plan is to set up a framework for preservation, restoration and adaptive reuse of
significant structures and resources.
SEQR Status: Type I X.-.. Unlisted
Determination of Significance:
Negative Declaration X Positive Declaration . --
Reasons Supporting this Documentation:
Impacts on Land: The Project Area has been found to suffer from blighting conditions. There are vacant, deteriorating buildings
and underutilized sites and conditions that tend to impair or impede the sound growth and development of the community. The
Common Council of the City of Buffalo and the Buffalo City Planning Board have designated the Genesee Village Project Area as a
substandard or unsanitary area, as defined in subdivision 4 of Article 15, Section 502 of the New York State General Municipal Law.
The Genesee Village Project Area was once a vital commercial and light industrial area with significant numbers of businesses
providing employment adjacent to the downtown area. Over the years, businesses have abandoned the area, leaving a large stock
of vacant and derelict properties. Many commercial and warehouse buildings were demolished and the properties converted to
surface parking. Other structures remain as vacant, underutilized buildings. Several of these structures are in severely deteriorating
conditions, creating a public health and safety hazard, and having a negative effect on the surrounding area in terms of property
values, economic vitality and stability of the area. The presence of these buildings has undermined private sector initiatives for
redevelopment of buildings within the area for residential and mixed use.
It is in the City's interest, for health, safety, economic stability and increased property values, to direct the redevelopment of
properties in the Project Area in order to support and encourage existing revitalization efforts and to promote additional investments
in the area. The Genesee Village Urban Renewal Plan will identify sites for acquisition and site assembly, priority investment and
provide recommendations for proposed land uses to guide redevelopment efforts. The Project Area will be redeveloped as a mixed -
use area, with residential, retail, offices, and other commercial uses. The focus will be on the renovation and conversion of existing
buildings to new, mixed -uses, with residential units included as loft units in former commercial buildings, or as upper story uses. The
Plan also identifies design standards and public amenities needed to support the urban housing market and improve the pedestrian
environment. The plan will generate new private and public investment within the Project Area, assist in the preservation and
restoration of existing historic resources, and improve the vitality, appearance and character of the area. This effort will lead to
increased investment, new businesses and increased employment opportunities. It will also strengthen the City's downtown housing
base, which is an important priority for the revitalization of downtown Buffalo.
Impacts on Water: The Genesee Village Urban Renewal Plan will not result in adverse impacts to water resources. The project
area is fully developed, and stormwater discharges are handled by the City's existing stormwater collection system. There will be no
increase in stormwater flow from the site and no anticipated degradation of existing stormwater quality.
Impacts on Plants and Animals: The Genesee Village Urban Renewal Plan will not result in adverse impacts to flora or fauna as
the project area has been fully disturbed and developed. Over the long term, as portions of the study area are redeveloped,
landscaping will be installed that will create limited habitat for certain urban dwelling species.
Impacts on Archaeological and Historic Resources: There are no sites in the study area that are designated as historic or
architecturally or culturally significant. However, certain intact street facades are locally significant and contribute to the character
and urban environment of the area. One of the general goals for the Genesee Village Urban Renewal area is to foster the
preservation, restoration and adaptive reuse of historic properties in the area. A specific goal under the Plan is to promote the
stabilization, renovation and reuse of historic buildings and foster the preservation and redevelopment of historic blocks of building
in a manner that maintains the historic character of the neighborhood. Under the Urban Renewal Plan, every reasonable effort shall
be made to preserve the architectural integrity of historic building within the study area. Architectural elements shall be retained
wherever possible, and redevelopment proposals will be required to avoid significant alternations to the building facades.
Contemporary designs for alterations or additions would be allowed only where such actions do not destroy the historic character of
the building, the neighborhood or the environment.
In conjunction with the City of Buffalo Preservation Board, the NYS Office of Parks, Recreation and Historic Preservation (SHPO)
will conduct an analysis of the impacts of the proposed Genesee Village Urban Renewal Plan to determine the potential impacts of
the. Plan on historic and culturally significant resources in and near the study area. Furthermore, any future excavation associated
with redevelopment would receive SHPO approval to ensure that there would be no adverse impacts to potential archaeological
resources.
Impacts on Aesthetic Resources: The Genesee Village Urban Renewal area has been found to suffer from blighting conditions.
There are vacant, deteriorating buildings and underntilized and conditions that tend to impair or impede the sound growth and
development of the community. The area is situated at a critical, visible location. The presence of blighting conditions at this
prominent location has a depressing effect on revitalization efforts. A specific goal of the Plan is to improve the quality of life of local
residents and increase the visual character of the area through improved streetseapes, landscaping and other enhancements.
Private sector investment and redevelopment, as well as public actions to improve the area, are anticipated to result in the
revitalization of this area as an urban gateway to the downtown and a vital "urban village" with opportunities for shopping, housing
and employment. The Plan identifies design standards and public amenities to support revitalization and enhance aesthetic quality.
The Plan will help to improve the vitality, appearance and character of the area. In addition, there are numerous areas where
parking is a prominent land use, and where redevelopment of these parcels for infill buildings would be preferred. Adequate
screening, buffers, landscaping and other amenities to mitigate any adverse impacts and enhance the pedestrian environment, will
6. be required under the Plan.
Impacts on Open Space and Recreation: The Genesee Village Urban Renewal Plan will have no impacts on open space
and recreation. The area currently offers no recreational benefits and contains no valuable areas of open space. Over the
long term, after portions of the study area are redeveloped, the area is not anticipated to include any significant areas of open space
or land for recreational use.
Impacts on Transportation: The Genesee Village Urban Renewal area is situated at the western terminus of the Kensington
Expressway, a major commuter route to downtown, and is surrounded by prominent urban thoroughfares that experience high
volumes of traffic. The Urban Renewal Plan supports other local planning documents by identifying Genesee Street as
7. one of the great streets for downtown. Creating vistas, reinforcing the Ellicott radial street plan and improving the image of
the area axe emphasized in the Plan. The Plan includes a variety of streetscape standards for sidewalks, cl:Osswalks,
lighting and traffic signals, signage and utilities. street improvements are included to: reduce Oak Street, south of the Kensington off -
ramp and allow parallel parking on the west side of the street; reduce North Oak Street to one lane; and provide a stop sign on Oak
Street prior to where the Kensington off -rap merges with Oak Street. It is also recommended that East Tupper Street be opened for
two -way traffic. Traffic calming along the Kensington Expressway off -ramp if recommended to slow traffic and help underscore that
drivers are exiting a high speed arterial onto lower- speed, local streets. Other enhancements to improve local traffic circulation
include traffic islands and pedestrian walkways. The overall goal of the Plan is to reduce environmental impacts and improve the
area as a gateway to downtown Buffalo.
Impacts on Energy: The Genesee Village Urban Renewal Plan will not result in adverse impacts to energy resources. Future land
uses in the area will require electricity and natural gas for power and heat. Long term redevelopment of the study area is not
expected to generate demands for energy services that would exceed or significantly impact existing supplies or the capacity of
existing systems.
Air, Noise and Odor Impacts: Potential long term development resulting from the Genesee Village Urban Renewal Plan is not
anticipated to result in any significant air, noise or odor impacts. The Plan proposes the redevelopment of the area with a mix of
commercial and residential uses. Light industrial uses are not permitted in the study area. Permitted uses in the area shall be
restricted to
those allowed in the DO Downtown Opportunity District and are aimed at engendering a more vital, cohesive and attractive
environment. Uses that would generate significant levels of air pollutants, noise or odors would be prohibited.
Impacts on Public Health: Redevelopment of the Genesee Village Urban Renewal Plan will not adversely affect public health and
safety. In fact, future redevelopment actions will help to eliminate existing public health and safety hazards resulting from the
presence of abandoned buildings and severely deteriorated building conditions. The City of Buffalo, in consultation with the New
York State Department of Environmental Conservation ( NYSDEC), will undertake field investigations to identify any potential
subsurface contamination and to define appropriate remediation measures. As appropriate, the City would enter into a voluntary
$ cleanup agreement with NYSDEC and, as required, will finalize a project soils management plan to incorporate any
specific site remediation measures required to mitigate any identified soil contamination hazards.
Impacts on Growth and Character of the Community or Neighborhood: The goals and objectives of the Genesee
Village Urban Renewal Plan are in accordance with the objectives set forth in the City's adopted comprehensive planning
documents. The implementation of the Plan will help to guide future growth and protect the character of the neighborhood, thereby
minimizing potential adverse impacts to the resources within and character of the area. The Plan is designed to stimulate the
revitalization and development of the area and promote the reuse and redevelopment ofunderutilized properties. The Plan
encourages the development of new residential, retail and office uses on vacant parcels. The Plan is expected to have positive
g impacts on the area and surrounding area through future public and private investment that will help to stabilize the local
real property tax base. The Plan will enable redevelopment to support the City's goals for revitalizing the study area as a
vital urban village and gateway to the downtown, with shopping, housing and employment opportunities.
The Common Council of the City of Buffalo, therefore, concludes that this action will not adversely affect the natural resources of the
State and /or health, safety and welfare of the public and is consistent with social and economic considerations. In reaching this
decision, the City Cotmcil carefully considered all "Criteria" for Determination of Significance listed in the SEQR Regulations (6
NYCRR 617.7)
For Further Information Contact:
Paul Wolfe, Chief of Staff
Common Council of the City of Buffalo
1413 City Hall
Buffalo, New York 14202
(716) 851 -5161
Wendy E. Weber Salvati, AICP
Wendel Duchscherer
140 John James Audubon Pkwy.
Amherst, New York 14228
(716) 688 -0766
as adopted by the Common Council of the City of Buffalo, as Lead
ADOPTED
PETITION
NO. 56
M. CRAMER, AGENT, USE 185 ALLEN STREET - ADDITION
TO BUILDING (ELLICOTT) (HRG 3/14)
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL.
NO. 57
S. HERRMANN, AGENT, USE 360 DINGENS -POLE SIGN (LOVEJOY)
(PHONE #)(716) 614 -8806
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.
NO. 58
PETITION
TO STOP HOTEL DEVELOPMENT AT ELMWOOD AND FOREST
We the undersigned petition the Mayor of the City of Buffalo and its Planning and Zoning Boards to stop the development plans at
the comer of Elmwood and Fore, st Avenues for the Elmwood Village Hotel. We ask that variances, rezoning to this out of scale
project that the restriction of size be observed in the Elmwood Special Zoning District. We recognize that though a hotel might be
desirable in the Elmwood Village, this proposed hotel design is not in character with, or appropriate for this space, the gateway to
the Elmwood commercial corridor.
REFERRED TO THE COMMITTEE ON LEGISLATION.
REGULAR COMMITTEES
CLAIMS
(MICHAEL P. KEARNS, CHAIRMAN)
NO. 59
PERSONAL INJURY A -1 TO A-4
That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged
negligence on the part of the City of Buffalo, be compromised and settled:
A.1. Mensah K. Kwayke v. City of Buffalo and Edmond Labby, Jr. $ 3,500.00
A.2. Andrew Lewis v. City of Buffalo and Cedric Littlejohn $ 35,000.00
A.3. Lorean Turner v. Pine Harbor Apartments, Buffalo
Crisis Center, County of Erie and City of Buffalo $ 2,500.00
A.4. Kerry Whitehead v. City of Buffalo $ 36,000.00
That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal
Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite
their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers.
PASSED
AYES - 6 NOES -0
NO. 60
PERSONAL INJURY
A -5
That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged
negligence on the part of the City of Buffalo, be compromised and settled:
Mr. Kearns moved that the above item be recommitted to the Committee on Claims.
ADOPTED
NO. 61
PERSONAL INJURY
A -6
A. 6. Siavosh Khanjani V. City of Buffalo
That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal
Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite
their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and closing papers.
PASSED
AYES - 6 NOES -0
NO. 62
PROPERTY DAMAGE
B -1 TO B -14
That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged
negligence on the part of the City of Buffalo, be compromised and settled:
B.1 Allstate Insurance a /s /o Kaur, Parampreet, 7100 Jean Talon Est, Anjou, Quebec Canada
This is for reimbursement of damages to a 2001 Nissan, which occurred on 6 -15 -05 at 88 Lexington Ave. $3,366.33
B.2 Brown, Renee, 315 Woodbridge Avenue, 14214
This is for the repair of a damaged tire and the replacement of same as
a result of an incident that occurred on 11 -8 -05 on Morris Street. $ 185.03
B. 3 Chase, Colleen & Michael, 50 Strathmore Avenue, 14220
This is for the replacement of a tire ruined at 811 McKinley Parkway
on 8- 11 -05. $ 72.75
B.4 Cimato, Ferdinando d /b /a C.L.O. Transport Company
This matter relates to a claim for property damage only by the owner of two large trucks, specifically Kenworth K2001 Model T -800
vehicles that were damaged at the East Side Transfer Station on South Ogden Street in the City of Buffalo. $10,000.00
B.5 Covell, Terrie, 1 Julius Street, 14220
This is for damage to her fence at 150 -52 Aldrich, which occurred on 8- 31 -05. $275.00
B.6 GEICO Insurance a /s /o McBurney, John R. One GEICO Blvd., Fredericksburg, Virginia
This is for reimbursement of damages to the insured's vehicle at 15 Good Ave. On 9 -29 -05 a large City owned tree fell over onto the
car. $2,968.27
B.7 GEICO Insurance a /s /o Pechmann, Jennifer, One GEICO Blvd., Fredericksburg, Virginia
This is for damage to a 1994 Suba Loyale, which occurred on 12 -7 -05. $ 873.31
B. 8 Hartford Insurance a /s /o Parish, David, P.O. Box 2917, Hartford Conn.
This is for reimbursement of damages to a 1997 Buick LeSabre, which occurred on 2 -17 -06 at approximately 8AM. $2.91479
B.9 Klarowski, Jerome, 101 Cambria Street, 14206
This is for reimbursement of damages to a 2005 Ford Freestar, which happened on 11 -22 -05 on Cambria Street. $298.88
B.10 Kozlowski, Linda, 1609 South Park Avenue, 14220
This is for damages sustained on 11 -10 -05 at 1609 South Park Avenue. A limb from a City owned tree at that location fell on two
parked vehicles, both owned by the Claimant. $2,040.19
B. 11 Loss Transfer Claim of St. Paul- Travelers Insurance Company
On August 6, 2002, a City of Buffalo garbage truck entering Tifft Street from Modem Disposal collided with a motor vehicle operated
by Kevin Overdorf. $3,330.58
B.12 Marshall, David L., 389 Herman Street, 14211
This is for reimbursement of damages to a 1999 Dodge Intrepid which occurred on 2 -17 -06 at approximately 8AM. $1,422.17
B. 13 Montgomery, Tamara, -269 Langfield Drive, 14215
This is a claim for property damage to the claimant's 1996 Nissan arising
out of an accident on April 17, 2005 in the vicinity of 237 Langfield. $1,250.00
B. 14. Mullens, Diane, 309 King Peterson Road, 14204
This is for replacement of a tire and vehicle alignment needed to her vehicle following an accident on 11 -19 -05 in front of 466 S.
Division Street.
$116.00
That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal
Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite
their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases
are indicated.
PASSED
AYES - 6 NOES -0
NO. 63
B. 16. Pettigrew, Tyrone, 149 Hampshire, 14213
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Kearns moved:
That the above item be recommitted to the Committee on Claims
ADOPTED
NO. 64
Miscellaneous Invoices
That upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid:
C 1 Bond, Schoeneck & King, PLLC, One Lincoln Center, Syracuse, NY 13202
This is for legal services rendered to the Comptroller's office. $21,797.74
C 2 Comtel /Integrated Voices & Data, 750 Ensminger, Suite 100 Tonawanda, NY 14150
This is for additional monies owed on two invoices #44673 for $188 and #42711 for $10. $198.00
C 3 Jack W. Hunt & Associates, Inc., 1420 Liberty Building, Buffalo NY 14202
The Law Department has no record of receiving this invoice; although we did receive the transcript
of the deposition taken on 2/28/05. $150.75
That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal
Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite
their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases
are indicated.
Passed
AYES 6 NOES — 0
NO. 66
Miscellaneous Reimbursement
That upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid:
D. 1. Beeman, Sharon, 1110 Pioneer Drive, N. Tonawanda, NY 14120
This is a claim for reimbursement of $1.00 which claimant states was lost in faulty meter #566 on Washington St. $1.00
D. 2. Dubin, Robert, 125 Edward Street, Unit 1 E, 14201
This is for monies paid for the User Fee from 1998 to 2005. $881.51
D. 3. Hall, Vivian, 406 Bird Avenue, 14213
This is a claim for reimbursement of $2.00 which claimant states was lost in faulty meter #A3 -5 at
St. Michaels St. and Washington. $2.00
D. 4. Holy Name of Jesus Parish, 1947 Bailey Avenue, 14211
This is for reimbursement of three dates in November 2005 in which the bingo license was not used due to the cancellation of the
games. $6.25
D. 5. Jaroszewski, Amy, 520 North Street, Arcade, NY 14009
This is a claim for reimbursement of the towing and storage charges which claimant paid to release her vehicle from the Dart Street
Garage. $240.00
D. 6. Nelson, Tunita, 45 Sunset Street, 14207
This is a claim for reimbursement of .25 which claimant states was lost in the meter on South Elmwood behind City Hall.
$.25
D. 7. Parker, Jane, 97 Edna Place, 14209
This is for reimbursement of a parking ticket, which was issued on a stolen vehicle in January. In order to release her car, the
claimant had to pay this ticket even though it was issued during the time it was reported stolen. $45.00
D. 8.Punturiero, Joseph, 455 Meadow Drive, West Seneca NY 14224
This is a claim for reimbursement of $1.00 which claimant states was lost in meter #A -1 511. $1.00
D 9 Wilson, Donna, 209 Monroe Street, 14206
Wilson, Donna c/o Belton, Gerald, 209 Monroe Street, 14206
These are claims regarding a City owned tree that fell on the house and car at 209 Monroe Street on 9- 29 -05. $1,500.00
That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal
Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite
their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases
are indicated.
PASSED
AYES — 6 NOES — 0
NO. 66
Report to the Claims Committee
E. 1 Misnik, Shelley, 16 Remoleno Street, 14220 AND Przybylo, Chester, 55 Hamilton, Lackawanna, NY 14218
These are being placed on the agenda for discussion at the request of Council President Franczyk. They both involve damages to
vehicles in November 2005. Claimants state that they hit a large pothole at approximately 2410 South Park Avenue in front of the
driveway to Sorrento Cheese Co.
The amount of damages in these claims is as follows:
Chester Przybylo $350.71
Shelley Misnik $532.55
E. 2. Ventola, Marion, 1012 West Avenue, 14213
This is being placed on the agenda for discussion at the request of Councilmember Bonifacio.
On 7 -31 -04 Officer Tom Secur was attempting to arrest a suspect who was wanted on a warrant. The suspect ran through a gate at
1012 West Avenue with Officer Secur in pursuit. $240.00.
That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal
Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite
their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases
are indicated.
PASSED
AYES — 6 NOES —0
CIVIL SERVICE
BONNIE E RUSSELL CHAIRPERSON
NO. 67
Appointment
System Analyst (Yemp) (Third) (MIS) (Item No. 16 -Feb. 21, 2006)
That Communication 16, February 21, 2006 be received and filed and the temporary appointment of Peter Zingorenko stated above
at the intermediate starting salary of $44,830.00 effective on February 13, 2006 is hereby approved.
PASSED
AYES — 6 NOES —0
NO. 68
Appointment
Exterminator (Inter) (PW) (Item No. 36 -Feb. 21, 2006)
That Communication 36, February 21, 2006 be received and filed and the permanent appointment of Joseph Bonda stated above at
the intermediate starting salary of $28,817.00 effective on February 13, 2006 is hereby approved.
PASSED
AYES — 6 NOES — 0
NO. 69
Appointment
Supervisor of Street Sanitation I (Inter) (PW) (Item No. 37 -Feb. 21, 2006)
That Communication 37, February 21, 2006 be received and filed and the provisional appointment of Antonio Ballo III stated above
at the intermediate starting salary of $31,132.00 effective on February 7, 2006 is hereby approved.
PASSED
AYES — 6 NOES — 0
NO. 70
Appt. - Police Captain (Max) (Pol)
( #38, 2/21)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 71
Notices of Appt.- Temp. /Prov. /Perm. (C. Clk.)
( #54, 2/21
That the above item be and the same hereby is received and filed.
ADOPTED
FINANCE
(Brian C. Davis, Chairman)
NO. 72
Lackawanna Traffic Signals (PW)
( #31, 2/21)
That the above item be and the same hereby is received and filed.
ADOPTED
LEGISLATION
(Richard A. Fontana, Chairman)
NO. 73
E. Hassett, Agent, Rezone 1109 -1121 Elmwood & [605 -607 Forest Avenue - deleted]
EB & R3 to C2 for Hotel & Retail Stores (North)
(Hrg. 3/7 (CCP #71 2/21 )
That the above item be and the same is returned to the Common Council without recommendation.
RECOMMENDED BY THE COMMITTEE ON LEGISLATION.
A public hearing has been set, before the Common Council 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. Bonifacio, seconded by Mr Kearns, the item is properly before the Common Council, and the hearing is opened.
CARRIED.
Appearances -Eva Hassett, Patrick Mc Nichol, Jesse Forever Elmwood, Nancy Polima, Clarence Cunning, Pavos Rest, T Wysicim
Evelyn Benchinich, Susan Davis, Bill Grillo, Steve Meyers, Pat Wincinski, Unidentified, Nina Georgodus, James Runfola, Jason
Safoutin, 605 Forest Ave,
Mr. Bonifacio now moved that the hearing be closed. Seconded by Mr Golombek
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Bonifacio moved:
That the above - mentioned item be and the same is hereby recommitted to the Committee on Legislation.
ADOPTED
NO. 74
Used Car Dealer -346 Hopkins (South) (EDPI)
(#42 2/21)
That the above item be and the same hereby is denied.
ADOPTED.
NO. 75
D. Bonifacio -M. Schmand - Bicycle Pedestrian Adv. Bd. Appt.
( #55, 2/21)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 76
M. Coppola -C. Van Ness -Req. Seat on Bicycle Pedestrian Adv. Bd.
( #62, 2/21
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 77
D. Wahl -Req. to Serve on Bicycle /Pedestrian Adv. Bd.
( #70, 2/21)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 78
D. Bonifacio -S. Spinks- Consideration for Bicycle Ped. Adv. Comm.
( #52, 2/7)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 79
D. Bonifacio -J. Booth - Consideration for Bicycle Ped. Adv. Comm.
( #53, 2/7)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 80
D. Bonifacio -B. Durfee- Consideration for Bicycle Ped. Adv. Comm.
( #54, 2/7)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 81
J. Coleman - Adelphia- Annual Rpt. For COB for Year Ending 2005
( #61, 2/21)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 82
B. Davis -R. Daniel- Discriminatory Practices -Area 42 Bar
( #63, 2/21)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 83
P. Gramaglia, Own., Use 1545 William -50' High Billboard (Hrg. 12 /6)(Lovejoy)
( #66 11/29)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 84
Ord. Amend.- Chapter 154 - Discrimination
(# 12q, 2/7)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 85
A. Thompson -Fair Hsg. & Property Code (#48,9/20)
( #103, 12/13)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 86
Fair Hsg. Adv. Board ( Strat. Plan.) ( #4,10/4)
( #104 12/13)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 87
Block Battaglia Garbage Scheme
(Item No. 11 I, C.C.P., Nov. 29, 2005
That the Common Council confer with the Corporation Counsel and Commissioner of Public Works with regard to existing or
proposed ordinances prohibiting the introduction transfer stations or solid waste into the City of Buffalo; and
That the Corporation Counsel initiate legal action against Battaglia Recycling or any other entity proposing to bring solid waste into
the City of Buffalo in violation of the City Charter, as applicable; and
That any violations of current ordinances or inspection codes applicable to 1037 -1055 Seneca Street be vigorously enforced; and
That the Erie County Health Commissioner and the Attorney General of the State of New York be put on notice that they may once
again need to use their authority to prevent a Buffalo neighborhood from being turned into a garbage transfer station site; and
That the Seneca - Babcock Urban Renewal Plan, currently before the City of Buffalo's Planning Board, include 1037 -1055 Seneca
Street, and that the introduction of solid waste be expressly forbidden and prohibited from this entire urban renewal area; and
That the City Planning Board or any other appropriate city agency deny Battaglia's request for a new rail spur at 1037 -1055 Seneca
Street, if the request is to be used for the import or export of solid waste at the site.
Adopted.
NO. 88
Demolition by Neglect (Pres. Bd.) (#4, 2/21)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 89
Demolition by Neglect (Pres. Bd.) (#4 5/17)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 90
Demolition by Neglect (Permits /Insp.)
( #35, 5/17
That the above item be and the same hereby is received and filed.
ADOPTED.
COMMUNITY DEVELOPMENT
(Joseph Golombek Jr., Chairman)
NO. 91
Results of Negotiations - 79 Gatchell
(Item No. 9, C.C.P., Feb. 21, 2006)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved that the above item be recommitted to the Committee on Community Development.
ADOPTED
NO. 92
Results of Negotiations - 90 Pullman
(Item No. 10, C.C.P., Feb. 21, 2006)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved that the above item be recommitted to the Committee on Community Development.
NO. 93
Year 31 -Comm. Dev. Quarterly Report
(Nov. thru Jan. 2006) (Comm. Svs.)
(#44 2/21)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 94
D. Chi usano- NYSDEC-Cleanup Begins at the
Shenango Steel Mold Site
( #5 8 2/21)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 95
J. Golombek -M. Martin - Globalquest Solutions -Req. Mtg.
( #65 2/21)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 96
50 Court Street Environmental Review
(Item No. 109, C.C.P., Jan. 24, 2006)
(Item No. 90, C.C.P., Feb. 21, 2006)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved that the above item be recommitted to the Committee on Community Development.
ADOPTED
NO. 97
Land Disposition Agreement - 50 Court Street to 1097 Group,
LLC (Item No. 103, C.C.P., Nov. 29, 2005)
(Item No. 91, C.C.P., Feb. 21, 2006)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved that the above item be recommitted to the Committee on Community Development.
ADOPTED
NO. 98
Downtown Renewal Phase 11 Urban Renewal Area —
Sale of Land - 60 Court Street
(Item No. 6, C.C.P., Nov. 29, 2006)
(Item No. 92, C.C.P., Feb. 21,2006)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved that the above item be recommitted to the Committee on Community Development.
ADOPTED
RESOLUTION
No. 99
By: Mr. Bonifacio
City of Buffalo Board Information
Whereas: City of Buffalo Government is comprised of many Authorities and Boards each working on important issues that effect
the City of Buffalo. A few Boards file their meeting minutes with the City Clerk for Common Council review. However there is a
sense that a lack of communication exists between the City Boards and the Common Council; and
Whereas: Most City of Buffalo Government Boards hold regular meetings and discuss items of special interest to the City. Often
times, that information is not communicated to the Council and Councilmembers are unaware of the Board's Meeting and agenda
items or are unable to attend due to conflicts with other City Business; and
Whereas: Councilmembers are particularly interested in the issues addressed by: The Buffalo Water Board; The Buffalo
Municipal Water Finance Authority; The Buffalo Sewer Authority; The Buffalo Urban Renewal Agency; The Buffalo Economic
Revitalization Corporation; The Buffalo Neighborhood Revitalization Corporation; and The Buffalo Parking Board; and
Whereas: Notification of the above listed Board's meeting dates, agendas and copies of meeting minutes with the Common Council
Chief of Staff would allow the Councilmembers convenient access and improve communication between the entities;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo does hereby request that certified copies of this resolution be sent to: The Buffalo
Water Board: The Buffalo Municipal Water Finance Authority; The Buffalo Sewer Authority; The Buffalo Urban Renewal Agency;
The Buffalo Economic Revitalization Corporation; The Buffalo Neighborhood Revitalization Corporation; and The Buffalo Parking
Board to respectfully inform each of them of this request; and
Now, Therefore, Be It Further Resolved:
That the above listed Boards immediately begin sending meeting notices, agendas and minutes o f meeting to the attention o f the
Common Council Chief of Staff, 1413 City Hall, Buffalo, NY 14202.
ADOPTED
No. 100
By: Mr. Bonifacio
Excuse Councilmember Davis from Council Meeting on March 7, 2006
Whereas: Brian C. Davis, Ellicott District Councilmember requests permission to be excused from the March 7, 2006, meeting of the
Buffalo Common Council;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo excuses Brian C. Davis, Ellicott District Councilmember from the March 7, 2006,
meeting of the Buffalo Common Council.
ADOPTED
No. 101
By: Mr. Bonifacio
Excuse Councilmember Russell from Council Meeting on March 7, 2006
Bonnie Russell, University District Councilmember requests permission to be excused from the March 7, 2006, meeting of the
Buffalo Common Council;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo excuses Bonnie Russell, University District Councilmember from the March 7, 2006,
meeting of the Buffalo Common Council.
ADOPTED
No. 102
Sponsor: Mr. Bonifacio
Grant permission to the Jog For the Jake to hang banner within the City of Buffalo
Whereas: The Jog for the Jake will be holding its 5 annual 5k run at Delaware Park on Father's Day, June 18, 2006; and
Whereas: They have requested permission to a hang a banner within the City of Buffalo to promote this annual event; and
Whereas: The Jog for the Jake would like to hang the banner across Parkside Avenue near the Buffalo Zoo; and
Whereas: The banner will be up from May 22, 2006, until June 26, 2006, and the contact person for the event is Heather Stephen at
886 -1347; and
Now, Therefore, Be It Resolved:
This Common Council supports the Jog for the Jake in its endeavor, and subject to the conditions set forth by the Department of
Public Works, Parks, & Streets, grants them permission to hang a banner across Parkside Avenue.
PASSED
AYES — 6 NOES — 0
NO. 103
By Mr Bonifacio
Moving Expense Policy
Whereas, Mayor Byron W. Brown and the Common Council recognize that it is critical to identify and secure the best possible
candidates for service in various positions with Mayor Brown's administration; and
Whereas, community groups and individuals have stepped forward and offered to relieve the public's burden by establishing funds
for certain expenses incurred by these candidates such as recruitment costs, relocation costs, moving expenses, temporary
housing, and in certain eases to augment compensation; and
Whereas, the money for these expenses would not come out of the City's General Fund but would solely come from these private
funds and there is absolutely no impact on the City's Budget; and
Whereas, the purpose of this resolution is to set forth the City's Policy on moving expenses consistent with the IRS definition of an
accountable plan in order to minimize the tax burden of city employees; and
Now Therefore, Be It Resolved, that the City of Buffalo may pay reasonable moving expenses to a qualified candidate retroactive to
December 1, 2005, provided:
• That the money for these expenses comes solely from these privately established funds and will not come out of the City's
General Fund and will not have an impact on the City's budget; and
• The expenses must have a business connection, that is, the candidate must have paid or incurred deductible expenses
while performing services as an employee of the City; and
• The candidate must adequately account to the City for these expenses within a reasonable period of time; and
• The candidate must return any excess reimbursement or allowance within a reasonable period of
time; and
• All distributions must be consistent with current IRS rules for deductible moving expenses; and
• Reimbursements for moving expenses shall be payable from monies appropriated for this purpose; and
• All moving expense reimbursements must be verified as a qualified expenditure by the Commissioner of Human
Resources; and
• This policy shall expire at the conclusion of Mayor Byron W. Brown's initial term of office.
NO. 104
By: Mr. Davis
Transfer of Funds
Common Council - Legislative
That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the
sum of $4,000 be and the same is hereby transferred within Common Council Legislative and said sum is hereby reappropriated as
set forth below:
FROM
Council 11 PS Annual Sal
10112001 —411001 $4,000
TO
Legisl PS Hourly
10102001 — 412002 $4,000
PASSED
AYES — 6 NOES —0
NO. 105
By: Mr. Davis
Increased Appropriation
MAYOR
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 Budget for the current fiscal year, be and the same hereby is increased in the sums of $7,098.85 and $1,206.87.
From:
That, the Comptroller be and hereby is authorized and directed to increase the revenue estimates for accounts:
10030030 - 380101 Mayor- Grant Reimbursement $7,098.85
10550030 - 380101 Community Services - Grant Reimbursement $1,206.87
To:
To meet the increased appropriation as set forth below:
10301001 - 414005 Mayor- Relocation Compensation $6,000.00
10301001 - - 415005 Mayor- Moving Allowance $1,098.85
15501001 - 411001 Community Services — Salary $1,206.87
REFERRED TO THE COMMITTEE ON FINANCE
NO. 106
By: Brian C. Davis
Trailblazing Signage for Lafayette Square as "Stuart Hunt Way"
Whereas: C. Stuart Hunt served as Chairman of the Board of Directors of Buffalo Place from 1994 through 1998. During such time
the organization went from a $1.8 million organization to a $3.2. Million organization; and
Whereas: Beginning in 1997, under Mr. Hunt's leadership, the Thursday at the Square concert series exploded, offering $4.4
million annually into the Downtown economy; and
Whereas: Under his leadership such initiatives as Buffalo Place Rocks the Harbor, AmeriCoprs Ranger Escort Program and the
Park N Go Shuttle Program were successfully launched; and
Whereas: Mr. Hunt also served at Chairman of Hunt Commercial Real Estate, which grew into one of the largest
commercial /residential real estate organizations in Upstate New York under his leadership; and
Whereas: In 1984, he purchased the Brisbane Building and began tireless restoration of such a beautiful building - a fitting tribute
to his late father.
Now, Therefore, Be It Resolved:
That the Buffalo Common Council honors C. Stuart Hunt in a lasting and appropriate way by approving the installation of trailblazing
signs proclaiming Lafayette Square at Washington Street (the south -west comer) and Main Street (the south -east comer) "Stuart
Hunt Way "; and
Be It Further Resolved:
That two additional trailblazing signs have been requested by Buffalo Place and should be given to them for their personal storage.
Moreover, Buffalo Place will submit a check to the City of Buffalo in the amount of$411.00, the total cost of four signs; and
Be It Finally Resolved:
That the Buffalo Common Council requests that the Department of Public Works to install two trailblazing signs, located at the
comers of the Brisbane Building parallel to Lafayette Square, that read "Stuart Hunt Way ".
RECEIVED AND FILED
NO. 107
RESOLUTION
By: Mr. Fontana
Request for Information from BMHA Board
Whereas: On February 23, 2006, the Common Council of the City of Buffalo approved the appointments of three new
commissioners to the Buffalo Municipal Housing Authority (BMHA) Board; and
Whereas: The Common Council is looking forward to the changes these appointments will bring to the Board, as well as working
with the BMHA Board on improving its operation; and
Whereas: The key to effect change is communication and this Common Council understands the importance of this factor in
relationship to successful improvements in the operation of the BMHA.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo hereby requests the BMHA Board to report to the Council within sixty (60) days on
the following items: the possibility of reestablishing the BMHA police force; the possibility of privatizing the Marine Drive Apartments;
the possibility of eliminating the $555,000 the City pays each year towards the Frederick Douglass Towers; and the possibility of
consolidating services such as human resources, MIS, purchasing, accounting, garbage pick up, etc., with the City; and
Now, Therefore, Be It Further Resolved:
That the Common Council also requests that the BMHA Board forward notification of Board Meetings, a copy of agenda items and a
copy of meeting minutes to Council Chief of Staff.
ADOPTED
NO. 108
RESOLUTION
By: Mr. Fontana and Mr. Kearns
Support Elimination of the Breckenridge and Ogden Toll Barriers
There have been numerous public pronouncements over the years requesting the elimination of the toll barriers at Breckenridge and
Ogden Streets for commuters entering the City of Buffalo; and
The toll barriers at the entrance to the city represent a "commuter fee" for residents and others who travel to Buffalo for business or
leisure; and
No other Upstate New York community has this fee, which requires commuters to pay a toll for entering the city. Removing these toll
barriers would create parity with other upstate communities and remove the inequity of the existing system that places an undue
burden on anyone entering the City of Buffalo through the Breckenridge and Ogden Street tolls; and
The Thruway Authority was scheduled to remove the tolls from the Thruway in 1996 when the bonds were to be retired in
accordance with the Niagara Toll Removal Act of 1968 and
A lawsuit was recently filed in State Supreme Court by Erie County Executive Joel Giambra and developer Carl Paladino asking for
the removal of the two toll barriers;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo does hereby call for the elimination of the toll barriers located at Breckenridge and
Ogden Streets in the City of Buffalo; and
Be it Further Resolved:
That the Common Council supports the lawsuit filed by Erie County executive Joel Giambra and Carl Paladino seeking removal of
the Breekinridge and Ogden toll barriers in the City of Buffalo; and
Be it Finally Resolved:
That copies of this resolution be sent to Governor Pataki, the New York State Thruway Authority, the New York State DOT, the Erie
County Executive, and Erie County Clerk David Swarts.
ADOPTED
No. 109
RESOLUTION
Sponsor: Mr. Golombek
Limiting the Amount Of Sovereign Land For a Buffalo Casino
Whereas, The Seneca Nation has purchased 9 acres of land in the City of Buffalo for a gaming casino; and
Whereas, The nine acres purchased are now sovereign land not subject to taxation or regulation by the City of Buffalo; and
Whereas, The City of Buffalo must learn from the mistakes made by the City of Niagara Falls where 52 acres of land is anticipated
to become sovereign Seneca Nation Land; and
Whereas, Under the federal Seneca Settlement Act, the Seneca Nation was provided $30 million by the Federal government for
land purchases; and
Whereas, The Compact entered into between the State and the Seneca Nation provides that the Nation will use all but $5 million of
the funds remaining from amounts appropriated by the Seneca Settlement Act to acquire parcels in the City of Niagara Falls and the
City of Buffalo; and
Whereas, By utilizing a corporate shell game the Seneca Nation is paying mere dollars from the $30 million Settlement Act fund for
land worth several million dollars in the City of Buffalo and the City of Niagara Falls; and
Whereas, It is not in the best interests of the City of Buffalo to have more than the already established 9 acres of sovereign land
within the City of Buffalo; and
Now Therefore Be It Resolved:
That the Common Council does not support any additional acreage becoming sovereign Seneca Nation land in the City of Buffalo.
Be It Further Resolved:
That the Common Council will require as part of its support for a Seneca Nation casino, a written legally binding commitment from
the Seneca Nation that no additional sovereign land besides the already established 9 acres will be created in the City of Buffalo.
Be It Finally Resolved:
That a copy of this resolution be forwarded to the Seneca Nation, the Western New York State Delegation, Congressman Brian
Higgins, Congresswoman Louise Slaughter, U.S. Senator Chuck Schumer, U.S. Senator Hillary Clinton, and Gale Norton, Secretary
of the Department of the Interior.
ADOPT 1'`& 3 d Resolve 2 nd resolve referred to the committee on community development and corporation counsel
NO. 110
By: Mrs. Russell
CITY OF BUFFALO
LOCAL LAW NO. -- (2006)
INTRODUCTORY NO. 6 (2006)
A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Boards and Commissions
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1: That Article 18 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows:
ARTICLE 18 Boards and Commissions
§ 18 -80. Telecommunications, Utilities and Franchises Advisory Board.
There shall be a telecommunications, utilities and franchises advisory board. The board shall consist of seven members appointed
by the mayor, each of whom shall possess experience and expertise in telecommunication or public utility issues. The terms of the
members shall be for three years, except that of the members first appointed, two shall serve for a period of one year and two shall
serve for a period of two years. All members shall serve without compensation. The mayor shall appoint the chair of the board and
the board shall adopt its own bylaws. The board shall meet at least six times a year and keep an accurate record of its meetings and
activities.
§ 18 -81. Functions of Board.
The board shall consult with and advise the director, review the plans and activities of the division and the reports of the
director, and issue an annual report to the common council, mayor and comptroller assessing the city's telecommunications, public
utility and franchise arrangements, policies, plans and accomplishments, and recommending such actions as it may consider to be
in the best interests of the city and its residents.
Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the
provisions of this local law shall be controlling.
Section 3. This local law shall take effect immediately.
APPROVED AS TO FORM
David State, Sr. Deputy Corporation Counsel
NOTE: Matter underlined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 111
By: Mrs. Russell
CITY OF BUFFALO
LOCAL LAW NO. -- (2006)
INTRODUCTORY NO. 7 (2006)
A LOCAL LAW AMENDING THE CHARTER OF THE CITY OF BUFFALO IN RELATION TO THE DEPARTMENT OF
COMMUNITY SERVICES
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1: That Article 16 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows:
ARTICLE 16, Department of Community Services and Recreational Programming. § 16 -1. Commissioner of Community Services
and Recreational Programming.
The commissioner of community services and recreational programming shall be the head of the department of
community services and recreational programming
§ 16 -2. Appointment; Removal.
The mayor shall appoint, subject to confirmation by the common council, and may at pleasure, remove the commissioner
of community services and recreational programming
§ 16 -3. Qualifications. [Amended 6 -13 -2000 by L.L. No. 8 -2000, effective 7 -1 -2000]
The commissioner of community services and recreational programming shall be a person who has either:
(a) A college degree and demonstrated executive, supervisory and administrative ability with at least five years experience in
government or human or community services; or
(b) An equivalent combination of training, education and experience sufficient to indicate ability to perform the duties of the
office.
§ 16 -4. Duties and Powers of the Commissioner. [Amended 12 -26 -2000 by L.L. No. 1 -2001, effective 1 -9 -2001; 6 -19 -2003 by L.L.
No. 7 -2003, effective 6- 26- 2003EN]
The commissioner shall have all the powers and shall exercise all the duties hereinafter conferred upon the divisions of
the department; shall administer, correlate and coordinate all the functions of said divisions; shall provide facilities for the research,
referral, planning and evaluating of any of the projects within the purposes of the department; and shall prepare or have prepared by
the appropriate divisions applications for county, state and federal grants.
§ 16 -5. Directors; Duties and Powers. [Amended 12 -26 -2000 by L.L. No. 1 -2001, effective 1 -9 -2001]
The directors of the divisions in this article shall direct and administer the affairs of the division; shall discharge and
perform all duties needed or necessary to effectuate the purposes of each division and such other duties conferred by this article,
ordinance, general or special law; and shall be deputies of the commissioner of community services, and recreational programming
and shall be authorized to act generally for and in place of the commissioner. All directors shall be appointed by the commissioner
upon consultation with the mayor and may be removed at the pleasure of the commissioner.
§ 16 -6. Divisions. [Amended 6 -13 -2000 by L.L. No. 10 -2000, effective 7 -1 -2000; 6 -19 -2003 by L.L. No. 7 -2003, effective 6-26 -
2003EN]
There shall be in the department the following divisions:
(a) Division for senior services.
(b) Division for substance abuse services.
(c) Division of Workforce Employment and Training.
(d) Division for Youth. [Added 10 -18 -2005 by L.L. No. 4 -2005, effective 11 -3 -2005]
(e) Recreational Programming_
Division for Senior Services
§ 16 -7. Director for Senior Services.
The head of the division for senior services shall be the director for senior services.
§ 16 -8. Duties and Powers.
The director shall make studies and recommend to the mayor, the common council, the commissioner of community
services and recreational programming and other governmental or private agencies, the institution or coordination of recreational
programs and projects or other programs or projects for persons over sixty years of age which will promote (a) the social and
emotional adjustment of such persons by making it possible for them to find companionship and create an environment that is
favorable to continuing growth and give them a sense of personal stability and security: (b) the rehabilitation of personal efficiency of
elder individuals by making it possible for them to make maximum use of their time and of capacities least impaired; and community
usefulness by creating a feeling of adequacy and accomplishment through activity
The director shall do all acts or things necessary, including the coordination and administration of such programs, to
effectuate the above purposes, and shall adopt such rules and regulations as he or she may deem appropriate.
[Damage to employee's personal effects. Amended 1 -25 -2005; effective 2 -4 -2005
A. A claim for damage to clothing, eyeglasses, working tools, personal automobiles, vehicles, and other personal property, except
money, bonds and valuable papers, of an employee of a City agency arising out of and in the scope of his employment by reason of
negligence or fault upon the part of the city, a fellow employee or a third party and, in addition, in the case of a policeman in the
pursuit of criminals or suspects and, in the case of a fireman, when caused by the condition of premises or material or substances
on premises or by the falling or burning of objects at a fire or by an explosion, may, in the exclusive discretion of the Council, be
paid. However, no claim shall be paid if the damage is caused by negligence or fault on the part of the claimant. The tools and
working equipment of an employee of a City agency left at his place of employment shall be considered under his custody and
control.
B. No claim for damages provided for in this section shall be paid unless a written claim is filed with the Department of Law within 90
days from the time of the occurrence of the damage.
C. No claim for damages provided for in this section, that are criminal in nature, shall be paid unless the appropriate report is first
filed with the Buffalo Police Department within two business days from the date of the occurrence of the damage. In addition, a
departmental report must be completed by the employee and provided to the employee's supervisor no later than two business days
from the date of the occurrence of the damage, and a copy of said report must be attached to the notice of claim filed with the
Department of Law.]
§ 16 -9. Director of Substance Abuse Services.
The head of the division of substance abuse services shall be the director of substance abuse services.
§ 16 -10. Duties and Powers of the Director.
The director shall coordinate and administer any and all programs developed by the city within its powers and such other
programs howsoever authorized or initiated, to control the use of addictive substances; to educate the public of the effect and
danger of such use; and to rehabilitate persons addicted or likely to be addicted thereto.
§ 16 -11. Committee of Substance Abuse Services.
There is hereby created a committee in the division of substance abuse services to be designated as the committee of
substance abuse services, the members of which shall be appointed by the mayor for staggered terms of four years each.
§ 16 -12. Duties and Powers of the Committee.
The committee shall make recommendations to the mayor, the common council, the commissioner of community
services, the director of drug abuse services and other governmental or private agencies regarding:
(1) Institution or programs to control the use and abuse of addictive substances;
(2) Education of the public about the effects and the dangers of the use and abuse of addictive substance;
(3) Treatment and rehabilitation of persons using and abusing addictive substances; and
(4) Further study of the impact of the use and abuse of addictive substances upon individuals and society.
§ 16 -13 through 16 -18. (Reserved)EN]
Division of Workforce Employment and Training
§ 16 -19. Director of Employment and Training. [Amended 5 -22 -2000 by L.L. No. 6 -2000, effective 7 -1 -20001
The head of the office of employment and training shall be the director of workforce employment and training.
§ 16 -20. Employment and Training Council. [Amended 5 -22 -2000 by L.L. No. 6 -2000, effective 7 -1 -2000]
There is hereby created in this division a council to be designated as the workforce employment and training council.
§ 16 -21. Duties and Powers of the Council. [Amended 5 -22 -2000 by L.L. No. 6 -2000, effective 7 -1 -2000]
The council shall prepare and recommend programs to the mayor, the common council, the commissioner of community
services and the director of workforce employment and training, to:
(a) Provide for the development and creation of job opportunities within Erie and Niagara counties and the training, education and
other services needed to enable individuals to secure and retain employment at their maximum capacity;
(b) Provide unemployed and underemployed persons with transitional employment in jobs providing needed public services
because of substantial unemployment and, wherever feasible, related employment and training services to enable such persons to
move into employment or training within Erie and Niagara counties;
(c) Provide additional employment services for youth, rehabilitated offenders, persons of limited English speaking ability, older
workers and other persons residing in the city of Buffalo who have particular disadvantages in the labor market in Erie and Niagara
counties. The council shall do all acts or things necessary to effectuate the above purposes, and shall adopt such rules and
regulations as it deems appropriate.
§ 16 -22. Membership of the Council [Amended 5 -22 -2000 by L.L. No. 6 -2000, effective 7 -1 -2000]
The council shall consist of not less than five members, and shall be appointed by the mayor for a period of four years.
However, the members of the council discharging duties within the powers of the present bodies shall serve until their terms expire
and shall be eligible for reappointment. Any appointment made to fill a vacancy caused by the death, resignation or removal of a
member shall be made for the balance of the member's term. The mayor shall designate the chairperson of the council from among
its members and may from time to time change such designation. A member may be removed by the mayor for reasons stated in
writing, after an opportunity to be heard. The mayor may from time to time increase the membership of the council from five to a
maximum of twenty -eight members, at least four of whom shall be members of the common council. The members shall serve
without compensation. A majority of the members shall be residents of the city. Any members who are not residents of the city
A member shall be deemed to have resigned his or her office for failure to attend three regularly scheduled meetings,
unless he or she has filed with the chairperson written reasons for his or her absence approved by a majority of the membership.
Meetings shall be held upon the call of the commissioner of community services, the director, the chairperson, or as
specified in a written declaration by a majority of the members of the council.
§§ 16 -23.EN Director for the Division of Youth [ Added 10 -19 =8 -2005 by L.L. No. 4 -2005, effective 11 -3 -2005]
The head of the Division for Youth shall be the Director for Youth. The director shall coordinate and supplement the
activities and programs of public, private and religious agencies within the City of Buffalo, devoted in whole or in part to the welfare
and protection of youth; cooperate with such agencies in developing effective programs for the prevention of delinquency, crime and
neglect among youth; and collect data and statistics, and conduct studies relating to activities of youth.
The Commissioner in conjunction with the Director for Youth shall be responsible for developing and administering a
youth employment and training program. The Commissioner and Director shall also be responsible for soliciting public and private
funding with the objective of obtaining additional resources to promote youth employment and training programming, in summer
and /or other times of the year if feasible, to:
(a) Provide for the development and creation of job opportunities, internships and job training for youth in the public and private
sectors;
(b) Assist in preparing youth in acquiring life skills and in working interactively within established systems; and
(c) Enable youth to make more informed decisions in considering higher educational opportunities and career planning_
§16 -24 (Reserved)EN
§ 16 -25 Division of Recreational Programming
The head of the division for recreational programming shall be the Director of Recreational Programming. The
Commissioner in conjunction with the Director of Recreational Programming shall be responsible for developing and coordinating
inter - community recreational activities in cooperation with other governmental recreation programs, community based organizations,
and other public and private human service agencies. The purpose of the division Recreational Programming is to maximize and
bolster recreational opportunities for youth and young adults in the region. The Commissioner and Director of Recreational
Programming shall pursue public and private funding in order to achieve the goals and objectives of developing collaborative and
effective recreational programming.
Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the
provisions of this local law shall be controlling.
Section 3. This local law shall take effect immediately.
Approved as to Form
David State, Senior Deputy Corporation Counsel
NOTE: Matter underlined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 112
By: Mrs. Russell
LOCAL LAW NO. -- (2006)
INTRODUCTORY NO. 8 (2006)
A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Department of Law
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1: That Article 12 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows:
ARTICLE 12 Department of Law
§12- 1.Corporation Counsel.
The corporation counsel shall be the head of the department of law.
§12 -2. Appointment; Removal.
The corporation counsel shall be appointed by the mayor, subject to confirmation by the council and shall be removable at
the pleasure of the mayor.
§12 -3. Qualifications.
The corporation counsel shall possess a juris doctor degree from an accredited law school and a license to practice law
as an attorney and counselor at law in the state of New York and must also possess at least five years experience as an attorney.
§12- 4.Duties and Powers. [Amended 5 -21 -2004 by L.L. No. 5 -2004, effective 6 -10 -2004]
The corporation counsel shall prosecute and defend all actions and proceedings brought by or against the city or any of its
officers, departments, commissions, board, or other agencies, including the board of education and the Buffalo sewer authority.
Upon taking office he or she shall be deed substituted for his or her predecessor in office, without an order of the court, as attorney
of record in any such action or proceeding then pending. The corporation counsel shall institute and conduct all legal proceedings by
the city in the exercise of its powers and eminent domain and shall act as prosecutor for violations of city ordinances and other laws
not otherwise prosecuted within the city. [The corporation counsel shall administer the Bureau of Administrative Adjudication].
The corporation counsel shall prepare or approve as to form all local laws and ordinances before they are enacted by the
council and shall prepare or approve as to form all proposals for public work or service, materials, supplies and equipment, and all
contracts, bonds, obligations and all legal instruments in which the city may be interested, except as otherwise provided by title four
of article two of the local finance law.
The corporation counsel shall collect all past due accounts, revenues and other moneys owing to the city and shall
participate in the negotiation and arbitration of labor matters involving city employees. He or she shall prepare or approve as to form
all contracts or leases involving the city or its officers, agents and employees.
When requested, the corporation counsel shall advise the council and any committee thereof, any department,
commission, board or agency of the city in respect to its powers and duties, and in reference to any unliquidated claims asserted
against the city. He or she shall examine and approve the title of all real property acquired by the city. The corporation counsel shall
negotiate, implement and monitor franchise agreement for the use of the public rights -of -way and shall discharge such other duties
as properly pertain to the law department of the city.
When necessary, the corporation counsel shall have the power to designate the need for counsel outside of the law
department to deal with conflicts of interest or special circumstances.
§12 -5. Deputy Corporation Counsels.
The corporation counsel may appoint, and at pleasure remove, a senior deputy /special corporation counsel and a deputy
corporation counsel. The senior deputy /special corporation counsel shall, during the absence or disability of the corporation counsel,
possess all the powers and perform all the duties of the corporation counsel, and the deputy corporation counsel shall, during the
absence or disability of the corporation counsel and the senior deputy /special corporation counsel, possess all the powers and
perform all the duties of the corporation counsel.
The senior deputy /social corporation counsel shall possess a juris doctor degree from an accredited law school and a
license to practice law as an attorney and counselor at law in the state of New York and must also possess at least five years
experience as an attorney. The deputy corporation counsel shall possess a juris doctor degree from an accredited law school and a
license to practice law as an attorney and counselor at law in the state of New York and must also possess at least five years
experience as an attorney. The senior deputy /special corporation counsel shall administer the bureau of administrative adjudication.
The senior deputy corporation counsel /special Counsel shall also at the Direction of the Mayor, monitor and investigate the activities
of the buffalo municipal housing authority and other municipal agencies and authorities and report to the mayor any findings and
make recommendations for more efficient operations or corrective actions as necessary Said deputy corporation counsels shall
have and perform legal, supervisory and administrative duties and such other additional duties as may be from time to time
assigned to them by the corporation counsel.
In the event of the death of the corporation counsel, or a vacancy in that office, the senior deputy /special corporation
counsel shall act as corporation counsel until the appointment and qualification of a corporation counsel.
Division of Administrative Adjudication [added 5 -21 -2004 by L.L. No. 5- 2004], effective 6 -10 -2004 EN(1)]
§12 -6. Bureau of Administrative Adjudication.
The division of administrative adjudication, created pursuant to article 14 -BB of the New York State general municipal law
enacted by chapter 382 of the laws of 1995, shall be operated in accordance therewith, and shall also be known as the bureau of
administrative adjudication.
§12 -7. Director of Administrative Adjudication.
The head of the division of administrative adjudication shall be the director of the bureau of administrative adjudication
and shall be the chief administrative law judge of the bureau with all the powers of an administrative law judge conferred by section
381 of article 14 -BB of the general municipal law and shall perform all duties specified thereunder. The director shall be appointed
by the mayor for a term of five years, subject to confirmation of the common council. The director shall be removable only for neglect
of duty or misfeasance in office after notice and an opportunity for a hearing. The director shall perform his or her duties in
accordance with the provisions of article 14 -BB of the general municipal law.
§12 -8. Jurisdiction to Impose Civil Penalties.
The bureau of administrative adjudication shall have jurisdiction to conduct proceedings for the adjudication of code
and /or ordinance violations regarding conditions which constitute a threat or danger to the public health, safety or welfare for which
civil penalties may be imposed, and to render decisions and orders and impose civil penalties provided under law, but in no case
shall the bureau of administrative adjudication impose a sentence of imprisonment upon a finding of guilty, nor shall any
administrative law judge order the arrest or detention if any person for any reason.
§12 -9. Commencement of Proceedings.
The bureau of administrative adjudication is authorized pursuant to article 14 -BB of the general municipal law, hereby
adopted by and made applicable to the City of Buffalo, to conduct administrative proceedings in accordance with the provisions
thereof.
§12 -10. Administrative Appeal Panel; Interlocutory Appeals.
The bureau of administrative adjudication shall include one or more administrative appeals panels within the bureau as
provided under section 385 of article 14 -BB of the general municipal law. Such administrative appeals panel shall be constituted in
accordance with article 14 -BB. The determination of such administrative appeals panel shall be the final determination of the bureau
for the purposes of review pursuant to article 78 of the civil practice law and rules.
§12 -11. Judicial Enforcement.
Any order or subpoena or any final decision or determination of rendered by the bureau of administrative adjudication
shall be subject to enforcement by the judiciary in an action or proceeding commenced in a court of competent jurisdiction by the
prevailing party, including the bureau of administrative adjudication.
§12 -12. Restriction on Collateral Use.
Decisions, determinations and orders issued by the bureau of administrative adjudication shall not be cited, and shall not
be considered precedent nor be given any force or effect in any criminal proceeding or any civil or criminal forfeiture proceeding.
Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the
provisions of this local law shall be controlling.
Section 3. This local law shall take effect immediately.
Approved as to Form
David State
Senior Deputy Corporation Counsel
Note: Matter underlined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 113
By: Mrs. Russell
CITY OF BUFFALO
LOCAL LAW NO. -- (2006)
INTRODUCTORY NO. 9 (2006)
A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Executive Department
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1: That Article 6 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows:
§6 -15 Division of Communications and Intergovernmental Relations.
For the purposes of the following sections relating to the division of communications and intergovern mental relations the term
"intergovemmental relations" shall include relations between or among municipal corporations, school districts, boards of
cooperative educational services, town, village and county improvements districts, fire, water and sewer districts, the state of New
York, other states, the federal government, foreign governments, public benefit corporations, public authorities, urban renewal
agencies, international organizations, and industrial development agencies, or their respective units.
There shall be an office of communications and intergovernmental relations within the executive department. The head of the
division shall be the director of communications and intergovern mental relations.
§6 -16 Qualifications and Appointment of the Director of Communications and Intergovernmental Relations.
The director of communications and intergovemmental relations shall hold a baccalaureate degree from an accredited
college or university, and have at least two years of experience in public administration, public finance, public planning, or in another
field involving Intermunicipal relations, municipal- state, or municipal - federal relationships. The director of communications and
intergovernmental relations[hips] shall be appointed by the mayor and may be removed at will by the mayor.
§6 -17 Powers and Duties of the Director of Communications and Intergovernmental Relations. The director of communications and
intergovernmental relations shall:
(a) Initiate, develop, prepare and promote, or assist others in the development, preparation and promotion of intergovernmental
projects or programs, with the objectives of achieving more efficient and economical provisions of services, by obtaining the benefits
of economies of scale, by making available to the city the expertise and other resources of collaborating parties, and by facilitation
and protecting its interests in territories beyond its borders.
(b) Review the operations of the city's departments and other agencies for the purpose of identifying services that may be
improved if performed on a cooperative basis.
(c) Advise on means by which the city may obtain the advantages of existing provisions of statutes or constitutional provisions
authorizing intergovernmental cooperation, intergovernmental contracts, and the provision of joint services, such as article five -g of
the general municipal law (municipal cooperation generally), article 14 -g of the general municipal law (interlocal agreements with
governmental units of other states), section 120 -w of the general municipal law (contracts for solid waste management), article 5 -j of
the general municipal law ( Intermunicipal cooperative activities, comprehensive studies and reports), article 12 -B of the general
municipal law (metropolitan, regional or county planning boards), and article 12 -C of the general municipal law (intergovernmental
relations councils).
(d) Conduct research to identify areas of city services that may be improved by intergovern mental programs or projects, and
provide for the distribution of information resulting from such research.
(e) Identify and make recommendations regarding possibilities for obtaining economies through joint bidding and purchasing.
(f) Represent the city in regional or other intergovemmental agencies.
(g) Maintain liaison with officials of other governments or other entities to elicit cooperation in the development of
intergovernmental arrangements.
(h) Exercise such other powers and perform such other duties as may be conferred upon the director of intergovernmental
relations by this charter, or by state or local laws or ordinances.
(i) Prepare an annual report identifying opportunities, and reviewing progress in realizing those and previously identified
opportunities.
Q) The Director of Communications and Intergovernmental Relations shall function as the primary spokesperson for the mayor,
and shall direct, coordinate, and manage internal and external communications for the mayor. In addition, the Director shall prepare
and issue publicity releases, including media requests, with the mayor's approval and maintain a harmonious relationship with the
press and other public relations media. The Director will also be responsible for facilitating all community
affairs for the mayor, including public presentations, event coordination and publicity, and opportunities for positive visibility
whenever possible.
(k) Coordinate and oversee development of the government access channel and the implementation of a multi -media institution
network for the City of Buffalo.
Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the
provisions of this local law shall be controlling.
Section 3. This local taw shall take effect immediately.
APPROVED AS TO FORM
David State
Senior Deputy Corporation Counsel
NOTE: Matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 114
By: Mrs. Russell
CITY OF BUFFALO
LOCAL LAW NO. -- (2006) INTRODUCTORY NO. 10 (2006)
A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Department of Management Information Systems
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1: That Article 9 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows:
ARTICLE 9 Department of Management Information Systems and Telecommunications
§ 9 -1. Commissioner of Management Information Systems and Telecommunications
The commissioner of management information systems and telecommunications shall be the head of the department of
management information systems and telecommunications.
§ 9 -2. Appointment and Removal.
The commissioner of management information systems and telecommunications shall be appointed by the mayor, the
comptroller, and the president of the council acting conjointly and by a majority thereof. Such appointment shall be made subject to
confirmation by the common council. The commissioner may be removed at the pleasure of the mayor, the comptroller, and the
president of the council acting conjointly and by a majority thereof.
§ 9 -3. Qualifications of Commissioner.
The commissioner shall have the following qualifications:
(a) A master's degree from an accredited college or university in management information systems, computer science or
related computer field or in business or in public administration and two years of full -time administrative or supervisory
experience in the electronic data processing field with expertise in the telecommunications field; or
(b) A bachelor's degree from an accredited college or university in management information systems, computer science, or
related computer field or in business or in public administration and four years of full -time administrative or supervisory
experience in the electronic data processing field with expertise in the telecommunications field; or
(c) Any satisfactory equivalent combination of the foregoing training and experience.
§ 9 -4. Duties and Powers.
The commissioner of management information systems and telecommunications shall be responsible for the following:
(a) All data processing functions and operations of the city;
(b) Designing, planning, organizing and directing the development,
implementation and evaluation of a computerized management information
system, including database and programmatic functions;
(c) Overseeing hard and soft application of all systems software;
(d) Supervising maintenance of the management information system;
(e) Evaluating computer hardware and software acquisition;
(f) Working with consultants and vendors on equipment problems;
(g) Developing and evaluating standards of performance for the management
information system and operating policies;
(h) Training, assigning and coordinating the work of management information
personnel;
(i) Ensuring prompt feedback to users of computer services in the city;
Q) Conferring with the comptroller, commissioners, directors and other city
officers and personnel regarding computer applications, information needs,
service requirements, operational problems, strategic planning, and changes in
operating procedures;
(k) Identifying means of improving the efficiency and effectiveness of the
management information system; and
(1) [Such other powers and duties as shall be granted to the commissioner.]
Oversee the Division of Telecommunications and Telephone Services; and
(m) The commissioner will participate in the strategic planning process of the City, and develop, coordinate and maintain IT
systems strategic and operational plans in support of the City's overall mission and business strategy.
(n) The commissioner will provide strategic and tactical planning, development, evaluation, and coordination of the information
and technology systems for the City of Buffalo, and will ensure the continuous delivery and operation of integrated administrative
and governmental information systems.
(o) The commissioner is responsible for the management of multiple information and communications systems and projects,
including administrative transactions, voice, data, imaging, and office automation. The commissioner shall also be responsible for
the coordination, facilitation, and consultation with City of Buffalo staff on information systems, communications, and management
systems initiatives, and will ensure that the City is current with the information systems standards set forth by the State of New York
and other governmental and regulatory entities as appropriate.
(p) Establishes IT service level agreements with user organizations, and monitors IT systems performance to assure service
levels are being met.
(q) Develop policy and procedures and ensure the protection of City IT assets, and the security and privacy of information
entrusted to or maintained by the City.
(r) Prepare the annual operating and capital budgets for City IT systems operations consistent with City priorities and established
financial guidelines
(s) Such other powers and duties as shall be granted to the commissioner.
§ 9 -5. Division of Telecommunications; Qualifications.
The head of the division of telecommunications shall be the director of telecommunications. The director shall have a bachelor's
degree from an accredited college or university, and shall have a minimum of five U years experience in the telecommunications
and shall possess the ability to prepare clear, comprehensive, technical and administrative reports.
§ 9 -6. Appointment; Removal.
The director shall be appointed by the commissioner and shall be removable at the will of the commissioner.
§ 9 -7. Powers, Duties and Functions of Director.
The director shall, subject to direction of the commissioner and with the assistance of and in consultation with the
departments of law, administration and finance, assessment and taxation, and such other city agencies as may be appropriate,
shall:
A. Prepare and maintain a list and summary of all of the city government's current:
(1) franchise agreements or relationships with telecommunication and telephone companies;
(2) agreements and arrangements for the purchase of telecommunication including wireless service;
(3) taxes on telecommunication properties and activities; and local laws, ordinances, resolutions, licenses and permits regulating
telecommunication companies.
B. Monitor compliance by such companies with the terms and conditions of such agreements, arrangements, taxes and
regulations.
C. Identify, and examine potential opportunities for the city, in its relations with such companies to:
(1) reduce costs to the city and its residents;
(2) improve services to the city and its residents; and
(3) increase revenues to the city:
D. Identify and examine potential opportunities for cooperative purchasing of telecommunication services including wireless
service for the benefit of the city and its residents
E. Receive, investigate and resolve complaints concerning the activities of such companies.
F. Keep the citagovernment apprised of national and local developments in telecommunication service matters.
G. Represent the city in telecommunication service matters and negotiate with current and prospective telecommunications
providers operating or seeking to operate within the city.
H. Recommend studies, surveys or other actions ensuring compliance by the city's licensed cable company with the franchise
agreement and fostering the development of advanced cable technology in the City of Buffalo.
I. Provide such assistance and prepare such reports as may be requested by the commissioner or by the common council,
comptroller or mayor through the commissioner.
J. Submit a report on or before March 31 each gear to the common council, the mayor and the comptroller on the matters
mentioned above, with recommendations for further action by the city government.
Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the
provisions of this local law shall be controlling.
Section 3. This local law shall take effect immediately.
APPROVED AS TO FORM
David State
Senior Deputy Corporation Counsel
NOTE: Matter underlined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 116
By: Mrs. Russell
CITY OF BUFFALO
LOCAL LAW NO. -- (2006)
INTRODUCTORY NO. 11 (2006)
A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Public Works
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1: That Article 15 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows:
ARTICLE 15, Department of Public Works, Parks and Streets
§ 15 -1. Commissioner of Public Works, Parks and Streets.
The commissioner of public works, parks and streets shall be the head of the department of public works, parks and
streets.
§ 15 -2. Appointment; Removal.
The mayor shall appoint, subject to confirmation by the council, and may at pleasure remove the commissioner of public
works, parks and streets.
§ 15 -3. Qualifications.
The commissioner shall either (a) be a civil engineer who has been engaged in the actual practice of his or her profession
for at least five years; or (b) have had at least five years of full -time experience in a supervisory position in public service
administration or business administration; or (c) an equivalent combination of training, education and experience sufficient to
indicate ability to perform the duties of the office.
§ 15 -4. Duties and Powers.
The commissioner shall:
(a) Have all the powers and shall exercise all the duties hereinafter conferred upon the several divisions of the department except
that if the commissioner does not hold a professional engineer's license, his or her duties shall exclude those duties which require a
professional engineer's license and with regard to such duties the commissioner shall relinquish licensing jurisdiction to the city
engineer;
(b) Act as liaison between the department and other city departments and agencies having an interest in the affairs of the
department;
(c) Supervise the execution and management of all personnel, programs, activities and expenditures of the department;
(d) Have such other powers and duties as may be provided by ordinance or law.
§ 15 -5. Divisions.
There shall be in the department the following divisions:
(a) Division of engineering.
(b) Division of buildings.
(c) Division of water.
[(d) Division of telecommunications, utilities and franchises]
(d)Division of parks and recreation.
(e) Division of streets.
Division of Engineering
§ 15 -6. City Engineer.
The head of the division of engineering shall be the city engineer who shall also be a deputy commissioner and shall be
authorized to act generally for and in place of the commissioner.
§ 15 -7. Qualifications.
The city engineer shall be a New York state licensed professional engineer who shall have been engaged in the actual
practice of civil engineering for at least ten years, provided, however, that graduation from a school of engineering of recognized
reputation shall be deemed equivalent to two years of actual practice. He or she shall have had responsible charge of work for at
least five years and shall be qualified to design as well as erect engineering works.
§ 15 -8. Duties and powers.
The city engineer shall have all the powers and shall exercise all the duties hereinafter conferred upon the several
divisions of the department requiring a professional engineer's license and shall have such other powers and duties as may be
granted to him by this act or by ordinance or general law.
The city engineer shall also:
(a) Have exclusive jurisdiction, pursuant to section sixteen hundred three of the vehicle and traffic law of this state, to prohibit, limit,
regulate or control traffic in the streets and public highways of the city of Buffalo, and accordingly is authorized and empowered to
make, rescind and amend general traffic rules or regulations or ordinances, and all such traffic rules or regulations or ordinances
shall become effective forty -five days after the first council meeting at which they appear on the agenda as an item of business
unless during such forty -five day period the council either disapproves them or modifies them, in which latter case they shall become
effective in their modified form;
(b) Be responsible for the approval, installation, repair and maintenance of traffic - control devices, signs, signals and markings; test
traffic - control devices under actual conditions of traffic; study and report to the council with respect to plans and programs referred
to the department or imposed upon it by law or ordinance; be responsible for developing a systems approach to traffic flow in the
city and a master traffic plan; developing traffic controls, priorities for traffic projects, and designing new roads and intersections;
widening of roads and other changes in existing facilities; developing policies and regulations concerning signals, signs and highway
markings as deemed necessary;
(c) Prepare and submit on behalf of the city applications for federal, state or other funds, subsidies, grants, or grants -in -aid relating
to transportation programs or projects to accomplish or implement such programs or projects; recommend to the common council
traffic - control plans and programs which supplement, modify or are in accord with general plans adopted and approved by the city
planning board;
(d) Develop a system of traffic monitoring through the use of automatic traffic controls and flow charts for different hours of the day;
analyze all major accidents or accident reports to determine the relation between the cause and street design or regulatory policies;
and
(e) Be responsible for the planning, designing, constructing, altering, repairing and maintaining of all public streets, alleys, park
approaches and park roadways; the location, grading and establishing and describing the grade, construction, repair and
maintenance of all sidewalks and crosswalks on she public streets, alleys, park approaches and in parks; the direction, supervision
and control of openings of public streets, alleys, park roadways, park approaches, bridges, viaducts and subways and of the use
and occupation thereof by public utility corporations, individuals or associations having a franchise or right to use the same
(f) Be responsible for the construction, maintenance, repair and alteration of bridges, viaducts and subways and the approaches
thereto, except insofar as such duties may be imposed upon other authorities or corporations by general law or by contract with the
city.
(g) Be responsible for the planning, designing, constructing and maintaining of basins, slips, canals and other navigable public
waters in the city, and the dredging and keeping free from obstruction Buffalo river and other navigable public waters in the city,
except such of said duties as are or may hereafter be imposed by law upon the state or the United States or other public authority;
the enforcement of the ordinances governing the navigation and use of said waters; the planning, designing, constructing and
maintaining of public docks, wharves, piers, bulkheads, bridges and other structures in connection with the public waters of the city,
except such of said duties as are or may hereafter be imposed by law upon the state or the United States or other public authority;
the supervision and control of the construction and maintenance of private docks, wharves, piers, bulkheads and other structures
abutting on the public waters of the city and of private bridges and other structures over such public waters, except such of said
duties as are or may hereafter be imposed by law upon the state or the United States or other public authority.
(h) Be responsible for the marking and preserving of surveys, maps, plans, estimates and drawings relating to opening, laying out
and improving public streets, alleys, park approaches, parks and other public grounds in the city and of all construction therein and
of all public buildings and structures.
(i) Be responsible for the lighting of public streets, alleys, parks, park roadways, park approaches, bridges, subways, and viaducts
and the maintenance or supervision of the maintenance of all structures, wires, poles, conduits and apparatus erected therein in
connection with such lighting.
Q) He or she shall also exercise such other powers and perform such other duties as may be conferred or imposed by the
commissioner or by any ordinance or state or federal law.
(k) He or she shall prepare and maintain a list and summary of all of the city_ government's current: U franchise agreements or
relationships with public utility companies; U agreements and arrangements for the purchase of natural gas, and electricity
services; U taxes on public utility properties and activities; and U local laws, ordinances, resolutions, licenses and permits
regulating public utility companies
(1) He or she shall monitor compliance by such companies with the terms and conditions of such agreements, arrangements, taxes
and regulations.
(m) He or she shall identify, and examine potential opportunities for the city, in its relations with such companies to: (1) reduce costs
to the city and its residents; (2) improve services to the city and its residents; (3) increase revenues to the city; and (4) protect and
enhance the quality of the environment.
(n) He or she shall identify and examine potential opportunities for cooperative purchasing of natural gas, and electricity services for
the benefit of the city and its residents.
(o) He or she shall receive, investigate and resolve complaints concerning the activities of such companies.
(p) He or she shall keep the city_ government apprised of national and local developments in utility and franchise matters.
(q) He or she shall represent the city in public utility and franchise matters and negotiate with current and prospective service
providers operating or seeking to operate within the city.
(r) He or she shall provide such assistance and prepare such reports as may be requested by the commissioner or by the common
council, comptroller or mayor through the commissioner.
(s) He or she shall submit a report on or before March 31 each year to the common council, the mayor and the comptroller on the
matters mentioned above, with recommendations for further action by the city_ government.
(t) He or she shall provide staff assistance to the telecommunications, utility and franchise advisory board.
§ 15 -9. Street Record.
The city engineer shall record all streets, alleys, park approaches, parks and other public grounds now or hereafter
established, and record and describe the grades and any alteration of the grades thereof, and shall keep a record of such streets,
alleys, park approaches, parks and other public grounds and of such grades.
§ 15 -10. Streets Deemed Dedicated.
When lands have been marked upon the maps of the department of assessment and taxation as a public street, avenue,
alley or square and a map or plot thereof has been filed in the Erie county clerk's office by the owner showing the same as a public
street, avenue, alley or square since January first, eighteen hundred eighty, or at any time thereafter or hereafter, and the same
have been exempted from taxation at the instance or with the consent of the owner, or where adjacent lands of the same owner
have been conveyed and taxed, bounding on any such street, avenue, alley or square, the same shall be deemed to have been duly
dedicated and accepted as such. When it is desired to file an amended or corrected plan or subdivision on any street so deemed to
have been duly dedicated, such plan or subdivision shall be approved by the city engineer and marked "heretofore dedicated"
before filing in the office of the Erie county clerk.
§ 15 -11. Dedication of New Streets.
When it is proposed to lay out any new street within the city, a plan or survey showing the location and dimensions of
such street shall be filed with the city engineer. The proposed street in width, extent and location shall conform with any ordinances
made upon the subject by the council. If the plan is approved by the city engineer, it shall be submitted to the council, which may
accept such proposed street as a public street or place. Upon such acceptance the city clerk shall endorse upon such plan
"accepted" with the date of acceptance. The council may prescribe conditions for the acceptance of any public street or place,
including title or easement to such lands and any improvements theretofore made therein. No map subdividing lots upon a proposed
street or purporting to show or dedicate a proposed street shall be filed in the office of the Erie county clerk or copied by the
department of assessment and taxation on its maps and surveys unless there is attached thereto a certificate from the city clerk that
said street has been duly accepted by the city.
§ 15 -12. Repairs to Streets.
The department of public works, parks and streets shall neither make nor cause to be made any repairs to any pavement
on a street, alley, parkway or park approach or any block thereof unless less than one -third of any such pavement is in a condition
requiring repairs, and if more than one -third thereof is in a condition requiring repairs, he shall certify the fact to the council which
may order the same repaved. If said department shall certify that it is inexpedient to repair a street, alley, parkway or park approach,
or any portion thereof, and that the same requires reconstruction, the council may order such reconstruction.
§ 15 -13. Traffic and Transportation.
The city engineer shall have the following responsibilities related to traffic and transportation:
(a) To investigate, study and report on any plans, programs or projects relating to traffic engineering and services, and make
recommendations to the commissioner of public works with respect thereto;
(b) To make recommendations to the commissioner as to policies plans, programs or projects for the development, maintenance
and improvement of the transportation systems in the city;
(c) To establish standards and procedures relating to the content and coordination of national highway safety programs. Such
standards and procedures may include, but need not be limited to, requirements in the following areas of highway safety:
(i) Traffic engineering and control;
(ii) Traffic enforcement;
(iii) Emergency medical care;
(iv) Investigation and surveillance of accident locations; and
(v) Highway safety education.
The city engineer shall be responsible for coordinating the city highway safety program with state and federal programs in
the manner required by the rules and regulations of the governor of New York state, his or her designees, and the national highway
safety program.
Division of Buildings
§ 15 -14. Director of Buildings. [Amended 12 -26 -2000 by L. L. No. 1 -2001, effective 1 -9 -2001]
The head of the division of buildings shall be the director of buildings, who shall also be a deputy commissioner with the
power to act generally for and in place of the commissioner.
§ 15 -15. Qualifications. [Amended 12 -26 -2000 by L. L. No. 1 -2001, effective 1 -9 -2001]
The director of buildings shall be a civil engineer or an architect who shall have been engaged in the actual practice of his
or her profession for at least six years, and who shall have had responsible charge of work as principal or assistant for at least one
year.
§ 15 -16. Duties and Powers.
The director of buildings, or the commissioner's designee under the supervision of the commissioner, shall be charged
with and exercise the following duties and powers, to wit: The planning, construction, alteration, repair and maintenance of all public
buildings of the city.
He or she shall also exercise such other powers and perform such other duties as may be conferred or imposed by the
commissioner, or by any provision of this act or by ordinance or by any general law.
Division of Water
§ 15 -17. Director of Water. [Amended 12 -26 -2000 by L. L. No. 1 -2001, effective 1 -9 -20011
The head of the division of water shall be the director of water, who shall also be a deputy commissioner with the power to
act generally for and in place of the commissioner.
§ 15 -18. Duties and Powers.
The director of water, under the supervision of the commissioner, shall be the agent of the city in relation to the water
board created pursuant to section 1048 -f of the public authorities law. The director shall assist the water board in the exercise of the
following powers and duties: the control, direction, management, maintenance and repair of the existing water system and plants of
the city, and the control, direction and maintenance of the sources of water supply, and the planning, construction, alteration, repair
and maintenance of the extensions of the existing water system and plants, the control and management of the furnishing of a water
supply to the city and its inhabitants, and the fixing of rates therefore, subject, however, to the approval of the council.
On behalf of the water board, the director shall prepare and mail to all water customers an annual water supply statement,
which presents information in a clear and concise form on the quality of the drinking water. The director shall also exercise such
other powers, and perform such other duties as may be conferred or imposed by the commissioner or by any provision of this act, or
by any general law.
The commissioner may, with approval of the council, contract the powers and duties of the director of water to an
independent professional entity if the best interests of the city are so served.
[Division of Telecommunication, Utilities and Franchises
§ 15 -19. Director of Telecommunications, Utilities and Franchises; Qualifications.
The head of the division of telecommunications, utilities and franchises shall be the director of telecommunications,
utilities and franchises, who shall be a deputy of the commissioner with power to act generally for and in place of the commissioner.
The director shall have a bachelor's degree from an accredited college or university, and shall have a minimum of five (5) years
experience in the telecommunications or utilities fields and shall possess the ability to prepare clear, comprehensive, technical and
administrative reports.
§ 15 -20. Appointment; Removal.
The director shall be appointed by the commissioner and shall be removable at the will of the commissioner.
§ 15 -21. Powers, Duties and Functions of Director.
The director shall, subject to direction of the commissioner and with the assistance of and in consultation with the
departments of law, administration and finance, assessment and taxation, and such other city agencies as may be appropriate,
shall:
A. Prepare and maintain a list and summary of all of the city government's current:
(1) franchise agreements or relationships with telecommunication and public utility companies;
(2) agreements and arrangements for the purchase of natural gas, electricity and telecommunication services;
(3) taxes on telecommunication and public utility properties and activities; and (4) local laws, ordinances, resolutions, licenses and
permits regulating telecommunication and public utility companies.
B. Monitor compliance by such companies with the terms and conditions of such agreements, arrangements, taxes and
regulations.
C. Identify, and examine potential opportunities for the city, in its relations with such companies to:
(1) reduce costs to the city and its residents;
(2) improve services to the city and its residents;
(3) increase revenues to the city; and
(4) protect and enhance the quality of the environment.
D. Identify and examine potential opportunities for cooperative purchasing of natural gas, electricity and telecommunication
services for the benefit of the city and its residents.
E. Receive, investigate and resolve complaints concerning the activities of such companies.
F. Keep the city government apprised of national and local developments in telecommunication, utility and franchise matters.
G. Represent the city in telecommunication, public utility and franchise matters and negotiate with current and prospective
telecommunications service providers operating or seeking to operate within the city.
H. Coordinate and oversee development of the government access channel and the implementation of a multimedia institutional
network for the city of Buffalo.
I. Recommend studies, surveys or other actions ensuring compliance by the city's licensed cable company with the franchise
agreement and fostering the development of advanced cable technology in the city of Buffalo.
J. Provide such assistance and prepare such reports as may be requested by the commissioner or by the common council,
comptroller or mayor through the commissioner.
K. Submit a report on or before March 31 each year to the common council, the mayor and the comptroller on the matters
mentioned above, with recommendations for further action by the city government.
L. Provide staff assistance to the telecommunication, utility and franchise advisory
board.
§ 16 -22. Telecommunications, Utilities and Franchises Advisory Board.
There shall be a telecommunications, utilities and franchises advisory board. The board shall consist of seven members appointed
by the mayor, each of whom shall possess experience and expertise in telecommunication or public utility issues. The terms of the
members shall be for three years, except that of the members first appointed, two shall serve for a period of one year and two shall
serve for a period of two years. All members shall serve without compensation. The mayor shall appoint the chair of the board and
the board shall adopt its own bylaws. The board shall meet at least six times a year and keep an accurate record of its meetings and
activities.
§ 16 -23. Functions of Board.
The board shall consult with and advise the director, review the plans and activities of the division and the reports of the director,
and issue an annual report to the common council, mayor and comptroller assessing the city's telecommunications, public utility and
franchise arrangements, policies, plans and accomplishments, and
recommending such actions as it may consider to be in the best interests of the city and its residents.]
Division of Parks and Recreation [Amended 12 -26 -2000 by L.L. No. 1 -2001, effective 1 -9 -2001; 6 -19 -2003 by L.L. No. 8 -2003,
effective 6- 26- 2003EN]
§8 16 -24 through 16 -26. (Reserved)
8 16 -27. Division of Parks and Recreation.
The commissioner of public works, parks and streets shall have supervision and management of the affairs of the division, the care,
control, management and maintenance of all public parks, park approaches, and all areas in public streets, public squares, public
grounds and public places designated by the mayor as park spaces, and of the use thereof, the planting, caring for and removal of
trees in all streets and in all public grounds. He or she shall be charged with the care, control, management and maintenance of all
public playgrounds, including pocket playgrounds and tot lots, the regulation of the use thereof and the supervision, management
and control of all forms of recreation in such playgrounds and in the public parks. He or she shall be charged with the care, control,
management and maintenance of community houses for instructional, social and recreational purposes. He or she shall grant
permits issued in connection with the use of any of the parks, park approaches and playgrounds. He or she shall also exercise such
other powers and perform such other duties as may be conferred or imposed by any provision of this charter or by law or ordinance.
8 16 -28. Parks and Park Approaches Defined.
The term "parks" as used in this act shall include all existing parks and all parks hereafter acquired by the city, and the term "park
approaches" as used in this act shall be deemed to include all avenues and parkways duly designated as park approaches and
such as may hereafter be so designated by the council by a three - fourths vote of the membership thereof, and the council may by a
majority vote discontinue as a park approach any park approach designated at any time prior to the effective date of this act.
Bureau of Forestry 8 15 -29. (Reserved)EN
Bureau of Recreation 8§ 15 -30 through 15 -31. (Reserved)
Division of Streets [Amended 12 -26 -2000 by L.L. No. 1 -2001; effective 1 -9 -2001; 7 -23 -2002 by L.L. No. 8 -2002, effective 8 -15-
2002; 6 -19 -2003 by L.L. No. 8 -2003, effective 6- 2- 2003EN]
88 15 -32 through 15 -34. (Reserved)EN
§ 15 -35. Division of Streets.
There shall be established within the department of public works, parks and streets a division of streets.
The commissioner of public works, parks and streets shall have the supervision and management of all the affairs of the division of
streets. The commissioner shall be charged with and exercise the following powers and duties, to wit: the cleaning by sweeping
and /or flushing with water, including the control by either removal or displacement of snow and ice accumulations thereon, of all
public streets, alleys, roadways and highways; the control, direction, management and coordination, including the planning and
designing, of all programs for the removal, displacement, or prevention of snow and ice accumulations or icy conditions on all public
streets, alleys, roadways and highways, which programs shall be filed with the common council by November first of each year, and
for any of the other activities of the department. Such program should also include details related to street cleaning and city -owned
vacant lot maintenance.
The commissioner shall be responsible for the removal for disposal of solid waste; the maintenance, regulation and control of vacant
lots; the regulation and control of all solid waste collection, including the inspection of structures and premises where the same are
stored in connection therewith, and the enforcement of applicable state laws and ordinances relating to the same or relating to any
of the other activities of the department of public works, parks and streets; orderly administration of all applicable state and local
laws and ordinances regulating solid waste collection, recycling and the maintenance of vacant lots in the city; add to or delete from
list of recyclable materials and establish rules and regulations regarding the separation, preparation, collection, transport and
disposal of recyclable materials in accordance with state and local law and ordinances.
The commissioner shall also be responsible for the elimination, regulation and disposal of pests, including rats and pigeons; the
inspection of structures and premises in connection therewith; the removal and disposal of dead animals and carcasses from streets
and public places; the management and control of the operation of the animal shelter, including the performance of all duties
required for the proper seizure and impounding of animals and for the destruction or sale thereof. All departmental commissioners
and all other city agency heads shall cooperate fully with the commissioner of public works, parks and streets in carrying out the
functions of this department.
The commissioner of public works, parks and streets shall be charged with the power and duty of governing and disciplining the
department and all subordinates and employees thereof and to that end may, from time to time, make and enforce orders, rules and
regulations not inconsistent with this act or any general law, which orders, rules, or regulations shall have the same force and effect
as if herein specially enacted. Existing rules and regulations shall continue until changed. He or she shall also have the powers and
exercise all the duties hereinafter conferred upon the division of streets and shall
exercise such other powers and perform such other duties as may be conferred or imposed by any provision of this act or by any
general law or ordinance.
§§ 15 -36 through 15 -37. (Reserved)EN
§ 15 -38. Public Collection User Fees
Pursuant to the city of Buffalo's home rule powers, the city of Buffalo hereby establishes user fees to fund the public collection of
solid waste and maintenance of vacant lots. There shall be user fees for commercial users and residential users. Commercial users,
unlike residential users, vary widely in the quantity and nature of the waste discarded, whereas residential users generally have
similar types and quantities of solid waste, thus a single standard may be established for public collection of residential solid waste
and user fee rates for that type of solid waste. Many commercial users, including industrial property owners, institutional property
owners, governments, apartment and multi - residential complex owners, have existing contracts with duly licensed solid waste
collectors which the city does not intend to disturb.
The council shall have the power to enact appropriate authorizing ordinances or resolutions for user fees for the public collection of
solid waste, and the commissioner of public works, parks and streets is authorized to adopt appropriate rules and regulations
pursuant to this section and pursuant to local laws, ordinances or resolutions adopted pursuant to this section. The fees charged
pursuant to this section shall be in such amounts as shall apportion the entire cost of the solid waste collection and disposal
services, and such other services as the commissioner by regulation may include, such as the clearing of vacant lots, to and among
the users of such services in a fair and equitable manner. The factors for such apportionment may include the costs of both
collecting solid waste and clearing vacant lots, the fees charged to the city for disposal of solid waste, administrative and labor
costs, capital costs for maintaining the system, the frequency of collection, the type of waste collected, revenues derived from
recycling, other sources of revenue, fixed and incremental costs of service, and other appropriate factors.
§ 15 -39. Public Collection of Residential Solid Waste.
A. No person, except city employees in the performance of their official duties and city contractors, shall engage in the collection
of residential solid waste. No solid waste collector or regulated substance collector shall collect residential solid waste unless
authorized by the commissioner.
B. The division of streets shall collect and dispose of residential solid waste originating in the city, as further limited by this article.
The division shall not collect infectious waste, regulated materials, regulated medical waste, or hazardous waste. The commissioner
may promulgate regulations covering the items of collection of solid waste, and such other matters pertaining to the public collection
and disposal of solid waste as he or she may deem necessary, provided that such regulations are not contrary to the provisions of
this article.
C. Residential solid waste shall not be accumulated except in accordance with the regulations of the commissioner and prepared by
owners and occupants in accordance with the provisions of this article.
§ 15 -40. Residential User Fees.
A. There shall be established residential user fees for collection of solid waste as to be provided in chapter 175, fees, of the code
of the city of Buffalo.
B. All residential users shall be billed for public solid waste collection and disposal services. The billing of residential user fees shall
be subject to audit pursuant to the code of the city of Buffalo and the rules and regulations of the commissioner.
C. All residential user fees are payable in advance and shall be due on the first day of the period for which service is provided; and
if not received within forty -five (45) days of the due date, there shall be added to that bill a collection processing charge as provided
in chapter 216, garbage, rubbish and refuse, of the code of the city of Buffalo, interest shall accrue daily at the rate of one and one -
half percent (1.5 %) per month from the due date on the total amount owing until paid in full, and any fees, charges, and costs of
collection, including (without limitation) attorneys' fees, will be in addition to the amount owing. [Amended 4 -3 -2001 by L.L. No. 5-
2001, effective 4 -20 -2001 ]
D. The bill shall be rendered as an annual statement with provision for both payment in its entirety of the annual amount stated or
by payment of a quarterly statement. If the owner chooses to pay the quarterly installment, that quarterly payment must be made
within forty -five (45) days of the due date. [Amended 10 -3 -2000 by L.L. No. 12 -2000, effective 10 -31 -2000]
E. In the event a user fee bill is referred to a collection agency, the collection agency's charges shall be added to the fees with
interest due and owing.
§ 16 -41. Unpaid Residential User Fees.
Unpaid residential user fees, including interest, costs, administrative and legal expenses and collection charges incurred, shall be
the personal liability of the owner and shall also be a lien upon the real property in connection with which solid waste collection is
offered as and from the due date for services billed and to be offered in the fiscal year commencing on that date. Notwithstanding
any ordinance or local law to the contrary,
this lien shall be superior to any and all other liens, excepting those for general taxes and local assessments, and shall have equal
priority with liens imposed for water charges, which lien can be enforced by foreclosure proceedings instituted at the expiration of
one (1) year from the date of the creation of the lien, in addition to and notwithstanding any and all other remedies available to the
city for the collection of unpaid user fee bills.
§ 16 -42. Public Collection of Commercial Solid Waste.
A. The division of streets shall collect and dispose of commercial solid waste originating in the city, as further limited by this article.
The division shall not collect industrial waste, infectious waste, regulated materials, regulated medical waste, or hazardous waste.
The commissioner may promulgate regulation covering the items of collection of solid waste and the fees charged therefore, and
such other matters pertaining to the public collection and disposal of solid waste as he or she may deem necessary, provided that
such regulations are not contrary to the provisions of this article.
B. Commercial solid waste shall not be accumulated except in accordance with the regulations of the commissioner and shall be
prepared by owners and occupants in accordance with the provisions of this article.
C. Commercial users must provide for the lawful collection and disposal of waste. Commercial users may elect to be serviced by
solid waste collectors or the division of streets. Commercial users not serviced exclusively by the division must submit to the
commissioner the name of the duly licensed solid waste collector who is providing collection and disposal services for such user and
that such collection is being made at a frequency determined by the commissioner from time to time to be consistent with public
health, safety and general welfare requirements. Submission of such name shall establish a rebuttable presumption that such user
shall not place solid waste at the curb line for public collection. Disclosure of the identity of the solid waste collector or the regulated
substance collector or the serviced commercial user shall be deemed to be disclosure of trade secrets or information derived from a
commercial enterprise disclosure of which would cause substantial injury to the competitive position of the subject enterprise for
purposes of article 6 of the New York public officers law (the freedom of information law) and the federal freedom of information act,
5 U.S.C. § 552. Failure to provide for adequate collection and disposal services in accordance with this article shall constitute a
violation.
D. Commercial users who produce industrial waste, infectious waste, regulated materials, regulated medical waste or hazardous
waste must have such waste collected by regulated substance collectors and that collection must be made at a frequency
determined by the commissioner from time to time to be consistent with public health, safety and general welfare requirements.
Failure to provide for adequate collection and disposal services in accordance with this article shall constitute a violation.
§ 16 -43. Public Collection of Commercial Solid Waste.
A. The fees for public collection of commercial solid waste shall be determined or negotiated by the commissioner, billing of which
is subject to service review pursuant to the rules and regulations promulgated by the commissioner; provided, however, that such
fee shall not be determined or negotiated at a rate less than the appropriate rate provided in chapter 175, Fees, of the code of the
city of Buffalo. The commissioner may determine or negotiate such fees based on factors such as, but not limited to, the type of use
of the establishment, size of receptacle, quantity of waste generated, and the frequency of collection. [Amended 3 -19 -2002 by L.L.
No. 3 -2002, effective 4 -19 -2002]
B. All commercial user fees are payable in advance as indicated on the bill. If payment is not received within forty -five (45) days of
the due date, there shall be added to that bill a collection processing charge as provided in chapter 216, garbage, rubbish and
refuse, of the code of the city of Buffalo, interest shall accrue daily at the rate of one and one -half percent (1.5 %) per month from the
due date on the total amount owing until paid in full, and any fees, charges, and costs of collection, including (without limitation)
attorneys' fees, will be in addition to the amount owing. [Amended 10 -3 -2000 by L.L. No. 12 -2000, effective 10 -31 -2000]
C. The bill shall be rendered as an annual statement, or as provided for in the agreement between the city and the commercial
user, with provision for both payment in its entirety of the annual amount stated or by payment of a quarterly statement.
D. In the event a user fee bill is referred to a collection agency, the collection agency's charges shall be added to the fees with
interest due and owing.
§ 16 -44. Unpaid Commercial User Fees.
Unpaid commercial user fees, including interest, costs, administrative and legal expenses, and collection charges incurred, shall be
the personal liability of the owner and shall also be a lien upon the real property in connection with which solid waste collection is
offered as and from the due date for services billed and to be offered in the fiscal year commencing on that date. Notwithstanding
any ordinance or local law to the contrary, this lien shall be superior to any and all other liens, excepting those for general taxes and
local assessments, and shall have equal priority with liens imposed for water charges, which lien can be enforced by foreclosure
proceedings instituted at the expiration of one (1) year from the date of the creation of the lien, in addition to and notwithstanding
any and all other remedies available to the city for the collection of unpaid user fee bills.
§ 16 -46. Public Collection Board of Appeals.
The public collection board of appeals shall determine appeals from the determinations of the commissioner of public works, parks
and streets regarding billing of solid waste user fees.
§ 16 -46. Appointment, Term and Removal
The Mayor shall appoint five (5) qualified electors of the city who shall be removable at the pleasure of the Mayor. The Mayor shall
designate from among the members of the public collection board of appeals the chairperson of the public collection board of
appeals, and may, from time to time, change such designation. The chairperson of the public collection board of appeals so
designated shall be the head of the public collection board of appeals. The term of appointed members shall be three years, except
that of the members first appointed, of whom three (3) appointees shall be appointed for a term of three (3) years, and the
remainder of the appointees shall be appointed for terms of one (1) and two (2) years respectively. Each appointed member shall
serve until that person's successor is appointed and qualified. Vacancies on the board shall be likewise filled for the unexpired
portion of such term by the Mayor.
§ 15 -47. Duties and Powers. [Amended 3 -19 -2002 by L.L. No. 3 -2002, effective 4 -19 -20021
The public collection board of appeals shall hear and decide appeals of any determination by the commissioner billing complaint
regarding the public collection of solid waste. A quorum of not less than three (3) members of the public collection board of appeals
must be present in order for the board of appeals to make a decision. The public collection board of appeals may, from time to time,
establish its rules and regulations for its proceedings and procedures. An owner dissatisfied with the determination of the
commissioner shall have the right to appeal by filing a written notice of appeal with the public collection board of appeals. The public
collection board of appeals shall conduct appeals at places and times determined by the board. Upon the presentation of admissible
evidence, the public collection board of appeals shall determine whether the billing decision of the commissioner was correct. Upon
making that determination, the public collection board of appeals shall also determine the appropriate billing and direct the city to
refund such sums that the public collection board of appeals determines were overpaid.
Animal Shelter
§ 15 -48. Animal Shelter.
The Buffalo City animal shelter shall be a bureau of the division of streets.
§ 15 -49. Staff.
The Buffalo city animal shelter shall be staffed by a director, one or more animal control officers, at least one licensed veterinary
technician, at least one clerical employee and one or more kennel attendants.
§ 15 -50. Powers and Duties.
The Buffalo city animal shelter shall be responsible for animal control activities, including but not limited to, retrieving and caring for
stray animals and rodent and other pest control, within the city of Buffalo.
The Buffalo city animal shelter shall operate an animal adoption program, including spaying and neutering services for animals
adopted from the shelter.
§ 15 -51. Annual Report.
The director of the Buffalo city animal shelter shall prepare an annual report for submission to the common council on the number of
unwanted, healthy animals destroyed and including recommendations concerning measures or programs to reduce animal
euthanasia rates.
Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions
of this local law shall be controlling.
Section 3. This local law shall take effect immediately.
APPROVED AS TO FORM
NOTE: Matter underlined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 116
BY: MS. RUSSELL
BUDGET AND PERSONNEL AMENDMENT
55 - DEPARTMENT OF COMMUNITY SERVICE
1301 - ADMINISTRATION
The Common Council of the City Of Buffalo does ordain as follows:
That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 55 - Department of Community Service 1301 -
Administration which currently reads:
1 Commissioner of Community Services $ 73,335
10550030 - 365003 Gifts & Donations $0
Is hereby amended to read:
1 Commissioner of Community Services & Recreational Programming $ 79,335
10550030 - 365003 Gifts & Donations $6,000
This shall be effective January 1, 2006
JAMES B MILROY Ph.D., COMMISSIONER OF ADMINISTRATION, FINANCE AND URBAN AFFAIRS, AND BYRON W.
BROVC'N, MAYOR, hereby certify that the above change is necessary for the proper conduct, administration and performance of
essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set
forth in the foregoing ordinance.
We, Byron W. Brown, Mayor and Andrew A. San Filippo, Comptroller, pursuant of Section 24 -15 the Charter of the City of Buffalo
hereby certify that contingent upon prior or concurrent action to provide and authorize funding thereof, the interests of the City will
be subserved by the increase in compensation provided for the positions set forth in the foregoing ordinance.
APPROVED AS TO FORM
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 117
BY: MRS. RUSSELL
RE: ORDINANCE AMENDMENT
CHAPTER 414, SPECIAL EVENTS
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 414 of the Code of the City of Buffalo be amended to read as follows:
§ 414 -3. Special Events Advisory Committee.
C. Special Events Coordinator.
(1) Position and appointment. The Special Events Coordinator by the Mayor shall act as the coordinator for the SEAC. The
Special Events Coordinator shall [operate out of the Mayor's Office.] be designated by the Mayor.
APPROVED AS TO FORM
NOTE: Matter underlined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 118
BY: MR. THOMPSON
RE: REQUEST FOR BUFFALO PUBLIC SCHOOL SYSTEM TO CONDUCT SURVEY ON WHY STUDENTS TRANSFER TO
CHARTER SCHOOLS
Whereas: Thousands &students have been reported leaving the Buffalo Public School System for charter schools; and
Whereas: The Charter School Moratorium Task Force's Final Report show that the City of Buffalo's Charter School enrollment
has steadily increased from roughly 314 students in the 2000 -2001 academic year to almost 5,600 during the current
2005 -2006 academic year; and
Whereas: It also shows that Buffalo's Charter School enrollment has the largest percentage (14 %) among school districts in
New York State's largest cities; and
Whereas: The Charter School Moratorium Task Force's Final Report indicates that even with the Buffalo Public School
District's current year (2005 -2006) budget of $700 million, costs have been increasing faster than its revenues; and
Whereas: The Buffalo Board of Education has not completed a scientific or other significant survey to find out why students are
leaving Buffalo Public Schools.
Now, Therefore Be It Resolved That:
This Common Council hereby requests that the Buffalo Board of Education conduct a survey and issue a final report to find out why
students are transferring to Charter Schools; and
Now, Therefore Be It Finally Resolved That:
This Common Council also hereby requests that this item be referred to the Committee on Education, in addition to seeking
responses from the Board of Education for the next Common Council Meeting scheduled for Tuesday, March 21, 2006.
ADOPT FIRST RESOLVE THE REMAINDER REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION
NO. 119
BY: MR. THOMPSON
REQUEST MAYOR BROWN AND THE BUFFALO FISCAL STABILITY AUTHORITY HIRE ADDITIONAL POLICE OFFICER':TO
ASSIST THE BMHA
The Buffalo Municipal Housing Authority (BMHA) eliminated its entire Public Safety Department, July 2005, after thirty -two (32)
years of service, leaving its 25 housing developments without a physical police presence; and
The Buffalo Police Department provides police services to all residents of the City of Buffalo. Buffalo Police must respond to Priority
1 and 2 calls, and to respond to other types of 911 calls, if personnel is available. The services that were provided by the BMHA
public safety department were above baseline services provided by the city police force; and
A Common Council Resolution adopted in July, 2005 requested that the number of targeted Buffalo Police be increased from 675 to
710, an increase of 35 sworn officers. Additionally, the Council adopted a Resolution in October 2005, requesting that the laid off
BMHA Public Safety be given special consideration to become Buffalo Police Officers; and
The City of Buffalo Human Resources Department has informed the Common Council in November 2005, that they are moving
expeditiously to develop new testing procedures and the promulgation of an RFP to identify and select a consultant to create the
examination process, and such time as the development of testing instrument is completed and approved by the courts and DO J,
consideration will be given to offering the exam on a promotional basis to former members of the BMHA Public Safety department;
and
Public Safety is a major concern of the Buffalo Common and the residents of the City of Buffalo, special consideration should be
given to the development within the Buffalo Police Department of a unit of former BMHA Public Safety officers to provide special
services to the 25 Public Housing units within the City of Buffalo; and
Now, Therefore, Be It Resolved That:
This Common Council requests that Mayor Byron W. Brown, Dr. James Milroy, Commissioner of Administration Finance and Urban
Affairs and Buffalo Fiscal Stability Authority Executive Director Dorothy Brown address the issue of funding the additional number of
targeted Police Officers requested in the 2006 -2007 City budget from 675 sworn officers to 710 sworn officers in order to facilitate a
Special Unit of the Buffalo Police Department to be assigned to the BMHA, and file a written report with the Common Council within
thirty days of passage of this resolution; and
Be It Further Resolved That: the City Clerk forward certified copies of this resolution to Mayor Byron W. Brown, Dr. James Milroy,
Commissioner of Administration Finance and Urban Affairs and Buffalo Fiscal Stability Authority Executive Director Dorothy Brown,
upon passage of this resolution by the full Common Council.
ANTOINE M. THOMPSON
ADOPT LAST RESOLVE REMAINDER REFERRED TO THE SPECIAL COMMITTEE ON BUDGET, THE COMMISSIONER OF
ADMINISTRATION AND FINANCE, URBAN AFFAIRS, THE BUFFALO FISCAL STABILITY AUTHORITY, THE COMMISSIONER
OF POLICE AND THE BUFFALO MUNICIPAL HOUSING AUTHORITY
NO. 120
BY: MR. THOMPSON
REQUEST FOR A SPECIAL PUBLIC HEARING ON GANGS AND HOMICIDES IN THE CITY OF BUFFALO
Whereas: A percentage of the recent outbreaks of violence in the Buffalo Public School System have been determined to be gang -
related; and
Whereas: Unruly youth have roamed and tormented local neighborhoods and communities, creating an issue of public safety;
and
Whereas: Illegal drug activity, rival gang warfare, among other instances have led to numerous homicides within the City of Buffalo;
and
Whereas: The Buffalo Police Department has just undergone a change in leadership, and the public is interested to know the
preventive strategies planned as warmer weather approaches.
Now, Therefore Be It Resolved That:
This Common Council hold a public hearing to be scheduled for Monday, March 27, 2006 to address the general and detailed
issues and statistics of gangs, unsolved homicides, and gun - related crimes; and
Now, Therefore Be It Finally Resolved That:
This Common Council requests the attendance of the Buffalo Police Department, the Erie County District Attorney, Regional Office
of the U.S. Attorney, the Western New York Branch of the Alcohol Tobacco and Firearms Agency, the Federal Bureau of
Investigation, the New York State Police, the Erie County Sheriffs Department, the Erie County Division of Probation, the Buffalo
City Court Judges, the Erie County Court and Family Court Judges, and the Mayor's Office for the City of Buffalo.
Antoine M. Thompson
ADOPTED
NO. 121
BY: ANTOINE M. THOMPSON
APPOINTMENTS
COMMISSIONERS OF DEEDS
REQUIRED FOR THE PROPER
PERFORMANCE OF PUBLIC DUTIES
That the following persons are hereby
appointed as Commissioner of Deeds for The term ending December 31, 2006, conditional
upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo
Marilyn Lanc
Michelle Cray
David Kobler
Mable Duncan
Fay Kwiatkowski
Karyn Carney
John McGrath Jr
Daniel Barrett
Marilyn Diehl
Salvatore Valvo
Gary Teague
Mark Fitzpatrick
Chris Dates
Joy Riezinger
Ellen Donoghue
Antonio Borrelli
Patricia Gentzler
Joyce Solomon
David Mann Jr
Jacqueline Sullivan
Lissa Redmond
Frances Rogers
Total 22
ADOPTED
NO. 122
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall, Buffalo, New
York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, March 14, 2006 at 9:45 o'clock A.M.
Committee on Finance following Civil Service
Tuesday, March 14, 2006 at 10:00 o'clock A.M.
Committee on Legislation
Tuesday, March 14, 2006 at 2:00 o'clock P.M.
Committee on Comm. Dev. A.M.
Wednesday, March 15, 2006 at 10:30 o'clock
Special Committees
MBEC
A.M. in Room 1417 City Hall.
Monday, March 13, 2006 at 10:00 o'clock
Education
in the Council Chambers.
Monday, March 13, 2006 at 5:30 o'clock P.M.
(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. 123
ADJOURNMENT
On a motion by Mr. Bonifacio, Seconded by Mr. Fontana the Council adjourned at 4:10 pm
GERALD CHWALINSKI CITY CLERK