HomeMy WebLinkAbout06-0502COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
MAY 2 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
MICHAEL J. LO CURTO - DELAWARE
JOSEPH GOLOMBEKJR. - NORTH
MICHAEL P. KEARNS - SOUTH
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Richard A. Fontana, Michael J. LoCurto -
Members
CLAIMS COMMITTEE: Michael Kearns Chairman, Dominic J. Bonifacio Jr., Richard A. Fontana, Joseph Golombek,Jr.,-
Members
COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr. Chairman, Richard A. Fontana, Michael J. LoCurto,
Bonnie E. Russell, Antoine M. Thompson - Members
FINANCE COMMITTEE: Brian C. Davis, Chairman, Dominic J. Bonifacio, Jr., Michael Kearns, Michael J. LoCurto, Bonnie E.
Russell - Members.
LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Joseph J. Golomberk Jr., Michael P.
Kearns, Bonnie E. Russell - Members
RULES COMMITTEE: David A. Franczyk, Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell - Members
BUDGET COMMITTEE: Dominic J. Bonifacio, Jr., Chairman, Brian C. Davis, Richard A Fontana, Joseph Golombek, Jr. Bonnie
E. Russell - Members
MINORITY BUSINESS ENTERPRISE COMMITTEE - Antoine M. Thompson, Chairman Brian C. Davis, Richard A. Fontana,
Bonnie E. Russell Members
EDUCATION COMMITTEE ;Antoine M. Thompson, Chairman, Michael P. Kearns, Bonnie E. Russell Members
WATERFRONT DEVELOPMENT COMMITTEE — Michael P. Kearns, Chairman, Brian C. Davis, Richard A. Fontana, Joseph J.
Golombek, Jr. - Members
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, MAY 2, 2006
AT 2:00 P.M.
PRESENT — David A. Franczyk, President of the Council, and Council Members Bonifacio, Davis, Fontana,
Golombek, Kearns, LoCurto, Russell and Thompson — 9.
ABSENT —None
On a motion by Mr. Bonifacio seconded by Mr.Fontana, the minutes of the stated meeting held on April 4, 2006
were approved.
FROM THE MAYOR
FROM THE MAYOR - EXECUTIVE DEPARTMENT
NO. 1
EXEMPTION FROM LIVING WAGE ORDINANCE FOR RURAL /METRO MEDICAL SERVICES REQUEST
Pursuant to §96 -19H of the City Code, I hereby submit for your honorable body's consideration a request from
Rural /Metro Medical Services for an exemption from enforcement of the City's Living wage ordinance. Based on the
attached information, I recommend approval of this request.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 2
FUNDING FOR RECEIVERSHIP REVOLVING LOAN FUND
ITEM #66 CCP APRIL 4, 2006
Please accept the attached document as a response to the Common Council regarding "Funding for Receivership
Revolving Loan Fund ", Item #65 CCP April 4, 2006.
DearJudge Nowak:
Thank you for your letter and interest in creating a Receivership Loan Program. In your letter you noted your concern that
the Community Development Block Grant (CDBG) Annual Action Plan, approved by Common Council, did not have an
allocation for the program. Please note that the Office of Strategic Planning (OSP) is currently reviewing the feasibility of
implementing a Receivership Loan Program. The most likely source of funds for a Receivership Loan Program would be
HOME funds.
As we review the options I look forward to meeting with you and other interested parties, however, at this point I cannot
commit to funding the initiative. We first must determine our ability to implement the program and funding resources
available.
Please note: the recently approved Annual Action Plan does not preclude our developing and funding the proposed
program. On the other hand, staffing and available resources will impact the decision - making process.
Unfortunately, the offer by Mr. Heeb, Esq. will not work since the program will have to be managed and monitored by
BURA staff.
If you have any questions or need additional information, please feel free to call or email me at 851 -5035 or
twanamaker @city- buffalo.com.
REFERRED TO THE SPECIAL COMMITTEE ON BUDGET
NO. 3
FORMER RAIL RIGHT OF WAY
Please accept the attached document as a response to David R. Chudy's correspondence to Mayor Byron W. Brown
dated April 7, 2006 in regards to City of Buffalo acquisition of greenway /former rail right of way (ROW) in the University
District (from LaSalle Metro Station west to Starin Avenue and north to Kenmore Avenue).
Dear Mr. Chudy:
Thank you for your letter to Mayor Brown dated April 7, 2006, requesting that the City of Buffalo to take title to the property
to control the future development of this former rail right of way. Please accept this letter as a response to your
correspondence.
While the City appreciates the neighborhood's concerns regarding the proposed development of this property, we are not
currently in a position to take title to this parcel. The City does look forward to working with the NFTA, current property
owners and proposed developers to come up with a plan which will benefit the property owners, the surrounding residents
and the City as a whole.
The Administration looks forward to meeting with you to help achieve consensus on the future development of this
strategic parcel of property in our City. Please feel free to contact Richard Tobe, Commissioner of Economic
Development, Permits & Inspection Services at 851 -4972 for further discussions on this matter.
City of Buffalo acquisition of greenway /former rail right of way (ROW) in the University District (from LaSalle
Metro Station west to Starin Avenue and north to Kenmore Avenue)
Dear Mayor Brown:
The North Buffalo Good Neighbors Planning Alliance has been working for the past several years with various public
agencies, the City of Buffalo, and other interested parties on establishing a rails -to- trails greenway and recreation area
along the old rail right of way that stretches from behind the LaSalle Metro station to Delaware Avenue. Approximately
$1.4 million dollars has been earmarked for this project through the federal Congestion Mitigation and Air Quality
Improvement program.
Unfortunately, in the past year and a half large sections of the ROW (from Starin to Colvin and from Colvin to Delaware)
have been sold to private interests by the NFTA without any public notice or input. While one developer on the western
end of the property is willing to work with the public on the rails to trails project, the other developer who owns the property
between Colvin and Starin has been uncooperative and, after buying the land for under $100,000 from the NFTA, is now
trying to re -sell it for $2.5 million. The NFTA has since agreed that any further land sales would go through a public
process.
In February 2006, Angelo Natale, another developer who had approached the NFTA and who we understand has also
met with the City, held a meeting at St. Rose of Lima school that representatives of the NB GNPA as well as
representatives of other interested community groups attended. Since that time, members of the North Buffalo GNPA, the
North East GNPA and the University Heights Collaborative have been meeting to discuss the land from Main to Starin.
We have developed information on the land that we would like to share with your office. We would also like to discuss the
possibility of the City of Buffalo acquiring control of the land so that the location of the trail and of other possible public
greenspace can be decided by the City and by the surrounding community, not by a developer. We feel strongly that while
some development may be appropriate, some of the land in addition to the trail should be devoted to a public access
greenway, partly because of the specific characteristics of the land and partly because we view it as a potential local asset
and regional destination.
Representatives from the North Buffalo GNPA, the North East Buffalo GNPA and file University Heights Collaborative
would like to meet with your office to present our ideas on and to discuss the future of the land we refer to as the North
Buffalo Greenway, as soon as possible. We have formally asked the Greater Buffalo Niagara Regional Transportation
Council (GBNRTC) to ask the NFTA not to sell the land to a developer to give us time to meet with your office to discuss
alternative plans and processes. We will contact your office in the next week to set up a meeting with you and other
representatives from your administration who have been or will be involved with this project. If you prefer, your office can
also contact Pamela Beal, a member of the NB GNPA, at 829 -3524 to set up a meeting time. We also include a brochure
developed by the North Buffalo GNPA and the Wellness Institute on the potential of this project.
RECEIVED AND FILED
NO. 4
RENEW LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND METRO COMMUNITY DEVELOPMENT
CORPORATION
( DELAVAN GRIDER COMMUNITY CENTER) FOR USE OF 877 EAST DELAVAN
MASTEN DISTRICT
ITEM NO. 13, C.C.P. 9/3/02
Pursuant to Item No. 13, C.C.P. 9/3/02, Your Honorable Body authorized a three (3) year lease agreement between the
City of Buffalo and Metro Community Development Corporation for use of city -owned property located at 877 East
Delavan. The Metro Community Development provides various community service functions. This lease was for the
period of September 1, 2002 through August 31, 2005.
The Office of Strategic Planning, Division of Real Estate, has received a request from Metro Community Development
Corporation, Mr. Jeffrey Bishop, Executive Director, to renew their lease for an additional three (3) -year period to
commence retroactive on September 1,2005 and terminate on August 31,2008. All other terms and conditions of said
lease agreement shall remain the same including but not limited to the following:
1. Lessee is responsible for the cost of all utilities including garbage user fee.
2. Either party may terminate the lease upon thirty (30) days written notice served personally or by certified mail.
3. Lessee shall not sublet, assign, or in any way encumber all or any of its rights under this leasehold without written
approval of the City.
This office recommends that Your Honorable Body renew their lease agreement for an additional three (3) year period
commencing retroactively on September 1,2005 and terminating on August 31, 2008. 1 am further recommending that
Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and
that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 5
RENEW LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO AND C.R.U.C.I.A.L. FOR USE OF A PORTION OF
FORMER SCHOOL NO. 62 LOCATED AT 378 URBAN (A.K.A. 230 MOSELLE)
FILLMORE DISTRICT
ITEM NO. 90, C.C.P. 12/23/03
.Pursuant to Item No. 90, C.C.P. 12/23/03, Your Honorable Body authorized a three (3) year lease agreement between
the City of Buffalo and C.R.U.C.I.A.L. for use of city -owned property located at 378 Urban (a.k.a. 230 Moselle).
C.R.U.C.I.A.L. provides various community service functions. This lease was for the period of August 1,2002 and
terminated on July 31, 2005.
The Office of Strategic Planning, Division of Real Estate, has received a request from C.R.U.C.I.A.L., Kresna P. Brown,
Executive Director, to renew their lease for an additional three (3) -year period to commence retroactive on August 1,2005
and terminate on July 31,2008. All other terms and conditions of said lease agreement shall remain the same including
but not limited to the following:
1. Lessee is responsible for the cost of all utilities including garbage user fee.
2. Either party may terminate the lease upon thirty (30) days written notice served personally or by certified mail.
3. Lessee shall not sublet, assign, or in any way encumber all or any of its rights under this leasehold without written
approval of the City.
This office recommends that Your Honorable Body renew their lease agreement for an additional three (3) year period
commencing retroactively on August 1, 2005 and terminating on July 31,2008. 1 am further recommending that Your
Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the
Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 6
REQUEST TO AMEND AND RENEW LEASE
1168 -1170 BROADWAY - PEOPLE, INC.
FILLMORE DISTRICT
ITEM NO. 96, C.C.P. JULY 10, 2001
The Office of Strategic Planning, Division of Real Estate, currently has a lease with the Neighborhood Information
Center for use of 1168 -1170 Broadway, which expires on May 31,2006. The Neighborhood Information Center has
merged with People, Inc. As a result People, Inc. is requesting that the current lease be amended and reflect the lessee
as People, Inc. 1219 North Forest, Williamsville, NY 14221. They are also requesting to exercise their second of three
options to renew this lease for a five -year period.
The lease shall commence on June 1, 2006 and terminate on May 31,2011. The lessee is required to assume all normal
maintenance and repair costs, including the cost of heating, lighting, water and sewer charges. The City shall only be
responsible for all major capital and structural repairs. All other terms and conditions of said lease agreement shall remain
the same.
This office recommends that Your Honorable Body amend the name of the lessee to reflect People, Inc. and to renew
their lease agreement for an additional five -year commencing on June 1,2006 and terminating on May 31,2011. 1 am
further recommending that Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents
to renew said lease and that the Mayor be authorized to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning dated April 19, 2006, be received and filed; and
That the Director of Real Estate be, and he hereby is authorized to amend the name of the lessee to reflect People, Inc.
instead of the Neighborhood Information Center to renew the lease between the City and People, Inc., for use of 1168-
1170 Broadway for an additional five (5) year term commencing on June 1, 2006 and expiring May 31,2011, with all other
terms and conditions of said lease agreement to remain the same including but not limited to those conditions as listed in
the above communication. That the Corporation Counsel be authorized to prepare the necessary lease and that the
Mayor be authorized to execute the same.
PASSED
AYES - 9 NOES -0
NO. 7
REQUEST FOR CITY OF BUFFALO TO PERFORM M/WBE UTILIZATION DISPARITY STUDY
ITEM #153 CCP APRIL 4, 2006
Please accept the attached document as a response to the Common Council regarding "Request for City of Buffalo to
Perform MM/BE Utilization Disparity Study ", Common Council Item #153, C.C.P. April 4, 2006.
Dear Ms. Rushton:
Please accept the following as a response to Common Council Item #153, C.C.P. April 4, 2006, "Request for City of
Buffalo to Perform MNVBE Utilization Disparity Study ".
My observation of the resolution is that the requirement for quarterly reports on performance does not indicate what is
being measured. The requirement by the resolution to perform a Utilization Disparity Study is equally as vague.
I recommend the following:
1.Amend the resolution with specific goals that are to be monitored and specifically spell -out what defines performance,
i.e. advertising as regarded by law or reporting on how many businesses met the goals or to what level they
performed in meeting the goals.
2. Define "MM/BE Utilization Disparity Study" and goals of the study.
REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE
NO. 8
SHINING LIGHT APOSTOLIC MINISTRIES, INC.
REQUEST TO USE CITY -OWNED LOTS
849 TONAWANDA, 33' S SARATOGA
LOT SIZE: 33'X 140'
853 TONAWANDA, S CORNER SARATOGA LOT SIZE: 33'X 140'
The Office of Strategic Planning, Division of Real Estate, has received a request from Deacon Kervin Roberson of Shining
Light Apostolic Ministries, Inc., 179 Ontario Street, Buffalo, New York 14207 to use the City -owned vacant lots at 849 and
853 Tonawanda Street. The purpose is to hold camp revival meetings open to the public beginning on Friday, August 11
2006 through Tuesday, August 22 2006.
Shining Light Apostolic Ministries, Inc. has agreed to clean the lots before and after their use and will provide proof of
liability insurance coverage in the amount of $1,000,000, holding the City of Buffalo harmless from any accident or injury,
which may result from their use of the properties.
I am recommending that Your Honorable Body approve the request of Shining Light Apostolic Ministries, Inc. to use 849
and 853 Tonawanda Street upon the above terms and conditions.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 9
RESPONSE TO LAIDLAW REQUEST TO USE PARKING LOT - WALDEN AVENUE
LOVEJOY DISTRICT
ITEM NO. 60, C.C.P. 4/18/06
The above item has been referred to the Office of Strategic Planning and Public Works for a response.
Laidlaw is requesting to use the Scajaquada Little League Baseball parking lot located in Walden Park for employee
parking between the hours of 6:00 a.m. to 5:30 p.m., Monday through Friday. The request is for 75 -100 parking spaces.
Your Honorable Body can authorize a lease for the parking lot use, however, I will defer to the Commissioner of Public
Works, Parks & Streets and the Law Department regarding the appropriateness of such use.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 10
RESULTS OF NEGOTIATIONS
3300 BAILEY, 40' S LASALLE
LOT SIZE: 30'X 135'
ASSESSED VALUATION:
LAND: $3,600
TOTAL: $41,000
(UNIVERSITY DISTRICT)
The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 3300 Bailey from Mr.
Gengatharan Ponnampalam, 4 Goldfinch Court, Amherst, New York 14228, D /B /A Veggies. Mr. Ponnampalam intends to
rehabilitate and make repairs in the amount of Fourteen Thousand Two Hundred Dollars ($14,200), in order to bring 3300
Bailey Avenue into code compliance.
Mr. Ponnampalam intends to purchase the vacant storefront with rear apartment in order to relocate his food processing
business. This structure consists of a one story, 2,034 square foot building situate on a lot 30' x 135'. The building in its
current condition, contributes little or no value to the property. The property has been valued as land only.
The Department of Permits and Inspection Services and the Division of Collections have no objections to the sale. There
are no code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales prices range from One
Dollar ($1.00) to Two Dollars and Fifty Cents ($2.50), per square foot.
The results of our negotiations are that Mr. Ponnampalam has agreed and is prepared to pay Six Thousand One Hundred
Dollars ($6,100), One Dollar and Fifty Cents ($1.50) per square foot. He has also agreed to pay for the cost of transfer
tax, recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of
3300 Bailey Avenue to Mr. Gengatharan Ponnampalam, D /B /A Veggies in the amount of Six Thousand One Hundred
Dollars ($6,100). 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 COMMUNITY DEVELOPMENT
NO. 11
RESULTS OF NEGOTIATIONS
216 COLORADO, 570' N FERRY
LOT SIZE: 90'X 118'
ASSESSED VALUATION:
LAND: $ 4,500
TOTAL: 5,300
(MASTEN DISTRICT)
The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 216 Colorado from Baehre
& Shumway, Inc., aJk /a Baehre & Schumway, Inc. represented by Brendan Mehaffy, Attorney, Knoer, Crawford & Bender,
LLP, 14 Lafayette Square, Suite 1700, Buffalo, New York 14203.
Baehre & Shumway, Inc. intend to purchase the vacant commercial lot with improvement, being a paved parking lot and
use for parking /loading area for their business located adjacent at 230 Colorado Street.
The Department of Permits and Inspection Services and the Division of Collections have no objections to the sale. There
are no code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales prices range from
Forty Cents ($ .40) to One Dollar ($1.00), per square foot.
The results of our negotiations are that Baehre & Shumway, Inc. has agreed and is prepared to pay Four Thousand Five
Hundred Dollars ($4,500), Forty -Two Cents ($ .42) per square foot. They have also agreed to pay for the cost of transfer
tax, recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of
216 Colorado to Baehre & Shumway, Inc., a /k/a Baehre & Schumway, Inc. in the amount of Four Thousand Five Hundred
Dollars ($4,500). 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.
Mr. Bonifacio moved
That the offer from Baehre & Shumway, Inc., in the sum of Fore" Thousand and Five Hundred Dollars ($4,500.00) for the
purchase of 216 Colorado, be and hereby is accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES - 9 NOES -0
0 W K
RESULTS OF NEGOTIATIONS
185 VIRGINIA, 99' SW PROSPECT
WAP 26'X 14.5' APPROX. LOT SIZE: 26'X 101'
ASSESSED VALUATION: $2,600
195 VIRGINIA, 22' SW PROSPECT
LOT SIZE: 27'X 86'
ASSESSED VALUATION:
197 VIRGINIA, W COR PROSPECT
LOT SIZE: 39'X 102'
ASSESSED VALUATION: LAND: $14,000
ELLICOTT TOTAL 20,000
( ELLICOTT DISTRICT)
The Office of Strategic Planning, Division of Real Estate, has received a request to purchase the above subject City
owned properties from Menen, LLC represented by Ms. Melanie Marotto, Attorney, Colucci & Gallaher, P.C., 200 Liberty
Building, 424 Main Street, Buffalo, New York 14202. 185 and 195 Virginia are vacant lots and 197 Virginia is a brick
apartment building. Menen LLC intends to rehabilitate and make repairs in access of Four Hundred Thousand Dollars
($400,000), in order to bring 197 Virginia into code compliance and use as a rental income property. The lots at 185 and
195 Virginia are adjacent and will be used for additional yard space and parking.
Menen LLC has provided the Division of Real Estate with cost estimates and proof of financial ability to acquire and
rehabilitate 197 Virginia. This structure consists of a three story, 9,500 square foot twelve (12) unit apartment building
situate on a lot 39' x 102'. The building is in poor condition, acquired by the City of Buffalo through tax foreclosure in 1999.
The Department of Permits and Inspection Services and the Division of Collections have no objections to the sale. There
are no code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales prices range from
Two Dollars and Fifty Cents ($2.50) to Sixteen Dollars and Fifty Cents ($16.50) per square foot of building area. The
results of our negotiations are that Menen LLC has offered and is prepared to pay Twenty Seven Thousand Five Hundred
Dollars ($27,500) for the apartment building and lots, or Two Dollars and Eighty Nine cents ($2.89) per square foot
building area. Mermen LLC has also agreed to pay for the cost of transfer tax, recording fees and cost of the legal
descriptions.
I am recommending that Your Honorable Body approve the sale of 185, 195 and 197 Virginia Street to Menen LLC in the
total amount of Twenty Seven Thousand Five Hundred Dollars ($27,500). 1 am further recommending that the Corporation
Counsel prepare the necessary document for the transfer of title and that the Mayor be authorized to execute the same.
Mr. Bonifacio moved
That the offer from Menen LLC., in the sum of Twenty Seven Thousand and Five Hundred Dollars ($27,500.00) for the
purchase of 185, 195, and 197 Virginia, 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 forms of sale upon which the offer was submitted.
PASSED
AYES - 9 NOES -0
FROM THE COMPTROLLER
NO. 13
ADDITIONAL INFORMATION ON
FEDERAL FINANCIAL ASSISTANCE
This is to advise that a copy of the single audit of Federal, state and local financial assistance programs received by the
City of Buffalo for the fiscal year ended June 30, 2005 has been delivered to each Councilmember, the Common Council
Chief of Staff, the City Clerk, the Mayor, the Comptroller, and the Budget Office.
Pursuant to amendments of Section 35 of the General Municipal Law, which took effect January 1, 1989, Your Honorable
Body may, in its discretion, provide to the State Comptroller and file with the City Clerk a written response to the findings
and recommendations in this report no later than ninety days after its receipt, or July 26, 2005.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 14
CERTIFICATE OF DETERMINATION BY THE COMPTROLLER
DETERMINING THE TERMS, FORM AND DETAILS OF ISSUANCE
OF $25,275,916.79 GENERAL IMPROVEMENT SERIAL BONDS -
2006-A AND $2,483,000 SCHOOL SERIAL BONDS - 2006 -B OF THE
CITY OF BUFFALO, NEW YORK, AGGREGATING $27,758,916.79
AND PROVIDING FOR THE PRIVATE SALE THEREOF
I, Andrew A. SanFilippo, Comptroller of the City of Buffalo (herein called "City "), in the County of Erie, State of New York
(the "State ") HEREBY CERTIFY AND REPORT, that pursuant to the powers and duties delegated to me, the acting chief
fiscal officer of the City, pursuant to Resolution No. 194, duly adopted on the 4th day of October, 1945, and pursuant to
Resolution No. 160, duly adopted on the 1 st day of November, 1994, which resolutions are in full force and effect and
have not been modified, amended or revoked, and subject to the limitations prescribed in said resolutions and pursuant to
the Financing Agreement dated as of May 1, 2004 (the "Agreement ") between the Buffalo Fiscal Stability Authority
(hereinafter referred to as "BFSA ") and the City, I have made the following determinations:
1. Authorization, — Amount, Maturity/ Schedule Issue Date and
Designation:
(a) Serial bonds of the City (the "Bonds" or the "Obligations ") in the respective principal amounts as set forth in Appendix
A (which is hereby made a part hereof), for each purpose as set forth in row D of such Appendix shall be issued pursuant
to the bond resolutions duly adopted and amended by the Common Council on their respective dates as set forth in row C
of such Appendix, and shall mature in the respective principal amounts on January 15 in each of the years as set forth in
such Appendix.
(b) All of said serial bonds hereinabove referred to in Appendix A, excepting bonds issued pursuant to Resolution No. 129
adopted March 16, 2004, Resolution No. 104 adopted March 22, 2005, and Resolution No. 112 adopted February 7,
2005, shall be combined for the purpose of sale into a single issue of serial bonds in the aggregate principal amount of
$25,275,916.79, and shall be designated "GENERAL IMPROVEMENT SERIAL BONDS - 2006 -A ". Said bonds shall be
dated April 26, 2006 and shall mature on January 15 in the aggregate principal amounts and in each of the years as
detailed in the attached schedules in Appendix A hereto. The weighted average period of probable usefulness for said
serial bonds is hereby determined, to be 14.27 years as detailed in the attached schedules in Appendix A hereto. The
date of each bond shall appear on the face thereof under the caption "Date of Original Issue ", and each bond shall bear
interest from such date.
The date of each bond shall appear on the face thereof under the caption "Date of Original Issue ", and each bond shall
bear interest from such date.
(c) All of said serial bonds hereinabove referred to in Appendix A and issued pursuant to Resolution No. 129 adopted
March 16, 2004, Resolution No. 104 adopted March 22, 2005, and Resolution No. 112 adopted February 7, 2006 shall be
combined for the purpose of sale into a single issue of serial bonds in the aggregate principal amount of $2,483,000, and
shall be designated "SCHOOL SERIAL BONDS - 2006 -13". Said bonds shall be dated April 26, 2006 and shall mature, with
substantially level or declining debt service, on January 15 in the aggregate principal amounts and in each of the years as
detailed in the attached schedules in Appendix A hereto. The weighted average period of probable usefulness for said
serial bonds is hereby determined, to be 16.00 years as detailed in the attached schedules in Appendix A hereto. The
date of each bond shall appear on the face thereof under the caption "Date of Original Issue ", and each bond shall bear
interest from such date.
2. Interest Rate, Dates and Medium of Pa2gment. The 2006 -A Bonds and
2006 -B Bonds shall bear interest from their date at the rates per annum set forth in the attached
Appendix A, payable January 15, 2007, August 15, 2007, and semi - annually thereafter on
January 15 and August 15 in each year until maturity, payable in any coin or currency of the
United States of America which at the time of payment is legal tender for the payment of public
and private debts. Interest thereon shall be paid by wire transfer or in clearinghouse funds on
each interest payment date, payable to the person in whose name the Bond is registered at the
principal corporate trust office in Buffalo, New York of HSBC, as depository bank (the
"Depository Bank "). For so long as BFSA shall be the registered owner of the Bonds, BFSA
may by written instruction to the City instruct the City to pay any principal due on the Bonds to
any bank acting as custodian for BFSA.
3. Bonds Subject to Prior Redemption. The 2006 -A Bonds and 2006 -B
Bonds maturing on or after January 15, 2017 will be subject to redemption prior to maturity at the option of the City on
January 15, 2016 and thereafter on any date, as a whole or in part, as specified by the City, in such order of maturity as
may be determined by the City (selected by lot within a maturity), at par, plus accrued interest to the date of redemption.
Notwithstanding the foregoing, no Bond or portion of a Bond shall be subject to redemption at the option of the City
without the express written consent of the BFSA.
Any such redemption, either as a whole or in part, shall be made upon at least sixty (60) days and no more than seventy -
five (75) days prior to written notice to (i) the BFSA and to the Trustee for the BFSA's Sales Tax and State Aid Secured
Bonds, Series 2006A during any period when the Bonds are held by or for the benefit of the BFSA or (ii) any successor
holder of this Bond at any time thereafter.
4. Fiscal A —. Manufacturers & Traders Trust Company, Buffalo, New York is hereby appointed as Fiscal Agent for
the Bonds pursuant to, and to act in accordance with, applicable provisions of the Law and the Enabling Resolution of the
City of Buffalo,
adopted by the Common Council on March 8, 1977.
5. Execution of Bonds. The Bonds shall be executed in the name of the City
by the manual signature of the Comptroller, and shall have the corporate seal of the City, or a facsimile thereof, affixed,
imprinted, engraved or otherwise reproduced thereon.
6. Transfer of Bonds. Each Bond shall be transferable only upon the books
of the City, which shall be kept for such purpose at the Fiscal Agent, by the registered owner thereof in person or by his
attorney duly authorized in writing, upon surrender thereof together with a written instrument of transfer satisfactory to the
Fiscal Agent duly executed by the registered owner or his duly authorized attorney. Upon transfer of any such Bond, the
City shall issue in the name of the transferee a new Bond or Bonds of the same aggregate principal amount and maturity
as the surrendered Bond. The City and the Fiscal Agent may deem and treat the person in whose name any Bond shall
be registered upon the books of the City as the absolute owner of such Bond, whether such Bond shall be overdue or not,
for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other
purposes, and all such payments so made to any such registered owner or upon his order shall be valid and effectual to
satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, and neither the City nor the
Fiscal Agent shall be affected by any notice to the contrary.
7. Regulations With Respect to Exchanges and Transfers. In all cases in which the privilege of exchanging or
transferring Bonds is exercised, the City shall execute and
deliver Bonds in accordance with the provisions hereof. All Bonds surrendered in any such exchanges or transfers shall
forthwith be cancelled by the Fiscal Agent. For every such exchange or transfer of bonds, the City or the Fiscal Agent may
make a charge sufficient to reimburse it for any tax, fee or other governmental charge required to be paid with respect to
such exchange or transfer, and may charge a sum sufficient to pay the cost of preparing each new bond issued upon
such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a
condition precedent to the exercise of the privilege of making such exchange or transfer. The City shall not be obliged to
make any such exchange or transfer of Bonds between the last business day of the month preceding an interest payment
date and such interest payment date.
8. Sale of Bonds. The Bonds are hereby sold at private sale to BFSA for the
purchase price of $28,005,971.15 plus accrued interest from the date of the Bonds (April 26, 2006) to the date of delivery
of and payment for the Bonds. Pursuant to Section 57.00 of the Local Finance Law, constituting Chapter 33 -a of the
Consolidated Laws of the State of New York, as amended, the terms and conditions of such sale are subject to the
approval of the State Comptroller. Delivery of the Bonds to the purchasers thereof shall be effeeted on or about April 26,
2006, upon receipt by the City of the purchase price of the Bonds, and (ii) deposit of the Bonds.
9. Form of Bonds. Said Bonds shall be in substantially the form set forth in
Appendix B hereto.
I HEREBY FURTHER CERTIFY that the powers and duties delegated to me to issue and sell the bonds hereinabove
described and referred to are in full force and effect and have not been modified, amended or revoked.
IN WITNESS WHEREOF, I have hereunto set my hand as of this 19th day of
April, 2006.
Comptroller
Mr. Bonifacio moved:
That the above communication from the Comptroller, be received and filed; and
That the Comptroller is hereby authorized to issue a Certificate of Determination by the Comptroller determining the
terms, form and details of issuance of $25,275,916.79 General Improvement Serial Bonds - 2006 -A and $2,483,000
School Serial Bonds -2006 - B of the of the City of Buffalo, aggregating $27,758,916.79 and providing for the private sale
thereof.
PASSED
AYES - 9 NOES -0
NO. 15
Reply to Police Dept.
Request for Purchase of
Unmarked Cars- suspend
Bidding Process
No. 40 ,C.C.P. 4/18/06
New York State Law prescribes bidding rules for Municipalities under General Municipal Law (GMU) Article 5a Public
Contracts. The specific section that pertains to this issue is Section § 103. Advertising for bids; letting of contracts;
criminal conspiracies.
"Except as otherwise expressly provided by an act of the legislature or by a local law adopted prior to September first,
nineteen hundred fifty- three, all contracts for public work involving an expenditure of more than twenty thousand dollars
and all purchase contracts involving an expenditure of more than ten thousand dollars -, shall be awarded by the
appropriate officer, board or agency of a political subdivision or of any district therein including but not limited to a soil
conservation district, to the lowest responsible bidder furnishing the required security after advertisement for sealed
bids in the manner provided by this section. In any case where a responsible bidder's gross price is reducible by an
allowance for the value of used machinery, equipment, apparatus or tools to be: traded in by a political subdivision, the
gross price shall be reduced by the amount of such allowance, for the purpose of determining the low bid. In cases where
two or more responsible bidders furnishing the required security submit identical bids as to price, such officer, board or
agency may award the contract to any of such bidders. Such officer, board or agency may, in his or its discretion, reject all
bids and readvertise for new bids in the manner provided by this section. For purposes of this section, "sealed bids ", as
that term applies to purchase contracts, shall include bids submitted in an electronic format, provided that the governing
board of the political subdivision or district, by resolution, has authorized the receipt of bids in such format."
The subsequent section refers to purchasing stock items, and also requires bidding rules as above.
"I -a. Whenever possible, practical, and feasible and consistent with open competitive bidding, the officer, board or agency
of any political subdivision or of any district therein charged with the awarding of contracts may use the stock item
specifications of manufacturers, producers and /or assemblers located in New York state in developing specifications for
items to be let for bid in its purchasing contracts and may use the data and information contained in stock item
specifications forms
Advertisement for bids shall be published in the official newspaper or newspapers, if any, or otherwise in a
newspaper or newspapers designated for such purpose. Such advertisement shall contain a statement of the time when
and place where all bids received pursuant to such notice will be publicly opened and read, and the designation of the
receiving device if the political subdivision or district has authorized the receipt of bids in an electronic format. "
Purchases are allowed from County governments (and state governments) and these require the use of bidding
procedures as well.
"3. Notwithstanding the provisions of subdivision one of this section, any officer, board or agency of a political subdivision
or of any district therein, located in whole or in part in a county, authorized to make purchases of materials, equipment or
supplies, or to contract for services, may make such purchases, or may contract for services, other than services
subject to article eight or nine of the labor law, when available, through the county in which the political
subdivision or district is located or through any county within the state subject to the rules established pursuant to
subdivision two of section four hundred eight -a of the county law; provided that the political subdivision or district for which
such officer, board or agency acts shall accept sole responsibility for any payment due the vendor or contractor. Al
purchases and all contracts for such services shall be subject to audit and inspection by the political subdivision or
district for which made. Prior to making such purchases or contracts the officer, board or agency shall consider whether
such contracts will result in cost savings after all factors, including charges for service, material, and delivery, have been
considered."
There is no emergency situation as is described in the following section which would preclude suspending bidding rules.
"4. Notwithstanding the provisions of subdivision one of this section, in the case of a public emergency arising out of an
accident or other unforeseen occurrence or condition whereby circumstances affecting public buildings, public
Property or the life, health, safety or property, of the inhabitants of a political subdivision or district therein,
require immediate action which
cannot await competitive bidding, contracts for public work or the purchase of supplies, material or equipment may be let
by the appropriate officer, board or agency of a political subdivision or district therein."
There is no allowance in state law for splitting a purchase of similar expenditures such as in this case of a number of
automobiles. This would subvert the meaning and tenor of the law. Thus a purchase one vehicle, followed by the later
purchase of a vehicle within the same year would constitute one aggregate purchase and thus subject to the bidding
requirements.
Given this analysis of New York State Law requirements, we feel there is no evidence that we see where an exception
exists in the law.
The Corporation Counsel's Office should be consulted, and this item was referred there as well.
RECEIVED AND FILED
FROM THE PRESIDENT OF THE COUNCIL
NO. 16
Attachment for Resolution to Terminate Sales Tax
Revenue Distribution Agreement of December 30, 1977
Please file the attached documents for the next Common Council Meeting for May 2, 2006.
RECEIVED AND FILED
I a :IQ LVi& 9:I =11115K6Lrihril IQ 0 1 14:ZO] WA*11 *1.1 Lri14 0 1 11 ref 0 Ilk IFAXA IQ 0
NO. 17
Bailey Amherst Business Association Budget
Item #67, C.C.P. 04/18/06
The Bailey Amherst Business Association is required to submit their annual budget by April 1 st of each year for Common
Council approval. This year before the Bailey Amherst Business Association service charge can be executed and billed a
new agreement governing the service charge process must be executed between the City of Buffalo and the Bailey
Amherst Business Association. The previous agreement between the two parties expired June 30, 2005 and had been
negotiated by the predecessor of the Office of Strategic Planning.
The Bailey Amherst Business Association budget must be approved by the Common Council and the new agreement
must be executed in time for the billing on July 1, 2006 of the service charge.
RECEIVED AND FILED
NO. 18
Inviting Reps of MBBA & JER Revenue Services to
Meet with Common Council Re Properties in COB
Item # 142, C.C.P. 04/04/06
The City of Buffalo in conjunction with the County of Erie explored the feasibility of selling uncollected tax liens to the
Municipal Bond Bank Agency (MBBA) when we learned of the state legislation, Real Property Tax Law (RPTL) Section
1190. In the past the City of Buffalo explored selling our uncollectible liens on properties that had been through several
City and County foreclosures however no companies were interested in purchasing these liens we characterized as
uncollectible and "garbage ". They were only interested in purchasing those liens that the City on its own was able to
collect 100% of the outstanding amount prior to or through the foreclosure process. Since the City is already able to
collect 100% on these liens it was not considered fiscally sound to sell these liens. Early in the process the County of Erie
withdrew from exploring the sale of tax liens to MBBA.
A delegation from Buffalo, representatives from other municipalities and the banking industry all met with the MBBA in
October 2002 in New York City. At that time and subsequently it was understood that MBBA would purchase the
uncollectible tax liens the City of Buffalo could not recoup through the foreclosure process. We continually impressed
upon the MBBA representatives that these liens were uncollectible and that we characterized them as "garbage."
The subsequent agreement between the City of Buffalo and the MBBA provided for the purchase by MBBA of the City of
Buffalo's uncollectible tax liens; liens the City was unable to collect and which had gone through several City and County
tax foreclosure auctions with no bidders.
The tax lien sale occurred in September of 2003 and involved the sale of 1,499 delinquent tax liens for a total sale price of
$4,332,108.59, with a net advance in the amount of $4,131,831.08 going to the City of Buffalo and $200,277.51 to the
Buffalo Sewer Authority. It is important to note that the MBBA did not purchase all our uncollectible and "garbage" liens
but rather selected only those that met certain of their
criteria. Also, it was understood that the MBBA would continue to buy the future liens on any properties for which it had
already purchased 2001 and earlier liens.
Since the 2003 sale, we have communicated with Tracy Oats, Vice President of the Municipal Bond Bank Agency,
numerous times requesting the date of the next purchase by MBBA of the accumulating liens on those properties for
which MBBA is already holding liens. No date has been provided by MBBA. This silence may be attributed to the fact that
in spite of the City's original and continuing characterization of the sold liens as uncollectible and "garbage" apparently it is
only recently that the MBBA admitted that these liens are truly uncollectible. JER Revenue Services, LLC, is the collection
agent for the MBBA and as of this date JER has only completed and collected liens from 60 of the delinquent property
owners for which they hold liens and has only been successful in selling through foreclosure 6 properties.
MBBA's failure to go forward with another purchase of liens has brought the City of Buffalo to a standstill. We are
prohibited from foreclosing on the subsequent tax liens on any property for which MBBA holds an unsatisfied prior lien.
We have received numerous calls from individuals who are interested in purchasing some of these properties from the
City at an In Rem auction, but we are precluded by the Agreement from foreclosing. If any of these individuals were to
purchase the property directly from the MBBA and JER foreclosure the new owner would still be liable for any unpaid liens
from 2002 -2003 and forward that have accumulated and are owed to the City for taxes and sewer rents. In many cases
the total accumulated liens owed to the MBBA and the City exceed the value of the property and discourage individuals
from purchasing from the MBBA and JER foreclosure.
We met with representatives of the MBBA and JER in October of 2005 to discuss purchase of the subsequent liens or
return of the previously purchased liens to the City so that the City could move forward and foreclose. No resolution to the
situation was forthcoming. Therefore I requested a legal opinion from the Law Department on our options and have again
requested that the Law Department review the Agreement and determine the City's legal options.
The Department of Assessment and Taxation is no longer interested in selling nor participating in the sale of city tax and
sewer rent liens from the MBBA.
REFERRED TO THE SPECIAL COMMITTEE ON BUDGET
NO. 19
M. Cappuccitti -Req. Abatement -
36 Glendale
Item #62, C.C.P. April 4, 2006
The Department of Assessment and Taxation submits the following comments with respect to Michael
Cappuccitti's request for abatement of a board -up bill for the property assessed as 36 Glendale, which he purchased at
the October 6, 2003 In Rem 37 City of Buffalo Foreclosure Sale. Mr. Cappuccitti purchased a number of properties at In
Rem 37 and paid a total of $340,000. The request he filed with the Common Council is to abate the board -up costs for 36
Glendale in the amount of $560.00 which he believes should be billed against the former owner. When the City of Buffalo
forecloses all liens owed to the City, the County and other judgment creditors are cleared.
Based on my personal experience with Mr. Cappuccitti, I can state that he is an involved, committed and responsible
property owner who has been in constant contact with City representatives on all issues related to the properties that he
purchased.
Prior to purchasing properties from the In Rem 37 auction, he visited the Department of Assessment and Taxation to
introduce himself to me and members of my staff and seek assistance in researching the properties he intended to
purchase. He then visited the Inspections Office to determine whether there were code violations on any of the properties
in which he was interested.
Upon purchase of his properties, Mr. Cappuccitti immediately visited the Department of Assessment and Taxation and the
Department of Permit & Inspections to inquire on payment procedures, and to notify inspections of his successful bids on
properties. He has written numerous letters to the City concerning 36 Glendale and has provided copies of every letter to
me. In fact, I participated in a conference call with Michael Cappuccitti and Jay Duderwick, who
was at the time the Director of the Citizens Services Office, and asked Mr. DudenNick to investigate Mr. Cappuccitti's
claim concerning the board up costs. He has attempted to communicate repeatedly with the Inspections Office without
response, other than to receive the board up billing just days after notifying Inspections of his purchase and future
intentions for the building, and numerous dunning bills.
Mr. Cappuccitti has taken me on a tour of his properties to view the exterior renovations he has made. I can attest to the
fact that Mr. Cappuccitti has invested substantial amounts of money not only in the purchase of the properties from the tax
auction but also in completely renovating and rehabilitating the properties to a point where they have a legitimate high
resale value. The properties he owns are in fairly stable areas. Photographs are attached showing exterior renovation,
including complete residing of the house and other repairs and upgrades. Due to the substantial renovation of 36
Glendale, Mr. Cappuccitti was able to sell it recently for $80,000.
Mr. Cappuccitti has demonstrated his responsibility by actively seeking out City officials in the Tax and Assessment
Department, the Inspections and Permits office, and Citizens Services; he has rectified code violations on properties he
purchased and has proved himself to be a committed and involved property owner. Therefore, I believe that in return the
City has a responsibility to Mr. Cappuccitti to resolve this issue.
REFERRRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
NO. 20
Renaming Old North Jefferson Library
Item No. 127, C.C.P. 04/18/06
This department has no objection to renaming the Old North Jefferson Library building the Hon. Beverly A. Gray
Empowerment Center.
RECEIVED AND FILED
NO. 21
Certificate of Appointment
Appointment Effective: April 17, 2006 in the Department of Public Works, Parks and Streets Division of Streets to the
Position of Equipment Operator Provisional Promotion Intermediate Starting Salary of: $30,009
Charles L. Feldmann 189 South Legion Drive Buffalo, New York 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 22
Certificate of Appointment
Appointment Effective: April 17, 2006 in the Department of Public Works, Parks and Streets Division of Streets to the
Position of Equipment Operator PROVISIONAL PROMOTION MAXIMUM Starting Salary of: $31,638
William T. Orr, Jr. 130 Juniata Place Buffalo, New York 14210
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 23
Certificate of Appointment
Appointment Effective: April 17, 2006 in the Department of Public Works, Parks and Streets Division of Streets to the
Position of Truck Driver PROVISIONAL PROMOTION MAXIMUM Starting Salary of: $30,793
Shannon V. Long 51 Schutrum Street Buffalo, New York 14212
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF POLICE
No. 24
Drug Asset Forfeiture Wire Transfers
Item No. 104, C.C.P. 2/2/88
05 -DEA- 449336 C2 -05 -0075 $ 618.36
06 -DEA- 458408 C2 -06 -0004 11,996.54
TOTAL $ 12,614.90
The Drug Enforcement Administration (DEA) has administratively forfeited the above referenced property. The funds were
received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000-
389001. These funds will be placed into one or more of the following accounts as deemed by the Commissioner of Police:
Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and
Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment
If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 25
Permission to Purchase Unmarked Vehicles
(Item No.C.C.P. 04/04/06
The Buffalo Police Department hereby requests approval from your Honorable Body to purchase thirteen (13) used,
unmarked vehicles to be utilized by our Narcotics /Vice Unit. These vehicles will encompass various years, makes and
models. The purchase of these unmarked vehicles will be funded with existing Drug Asset Forfeiture Funds. These
vehicles will replace seven (7) existing unmarked vehicles, which are scheduled for auction, and the replacement vehicles
will be used by undercover police officers that work covert narcotics and vice operations in dealing with the criminal
element within the City of Buffalo. The purchase of these vehicles is necessary because the existing undercover vehicles
become unserviceable and therefore require periodic replacement, and we need to provide officers with the tools
necessary to carry out these types of undercover operations. The remaining six (6) vehicles will be eliminated (auctioned)
in the near future as the re- organization of the Detective Bureau develops. As a result, there will be no increase to the
overall fleet size or marked /unmarked composition from this purchase of vehicles nor will they be assigned for take -home
use.
We are finding it more difficult to seize vehicles because of changes in the laws governing the confiscation of property
used by offenders. As a result, it is necessary to purchase used vehicles for our undercover work.
If you require additional information, please contact Inspector Joseph Strano at 851 -4879 or
Lieutenant Daryl Ricigliano at 851 -5645. Thank you for your immediate attention to this matter.
Mr Bonfaciao Moved
That the Buffalo Police Department be, and is hereby authorized to purchase thirteen (13) used and unmarked vehicles to
be utilized by the Narcotics /Vice Unit
Passed
AYES — 9 Noes — 0
No. 26
Requested Information: COPS
(Item #147, CCP, April 4, 2006)
This is in response to a resolution sponsored by some members of your Honorable Body requesting information about
"COPS."
In response to the questions posed, please be advised of the following information:
Currently, the "COP" satellite offices are utilized by five (5) Citizen Preparedness Coordinators who are employed by the
University Heights Community Development Association, Inc., acting through the Gloria J. Parks Community Center, with
funds under the Urban Area Security Initiative (UASI).The five locations are: 3242 Main Street (Gloria Parks Center /Kelly
Ackley); 230 Moselle (Crucial Center /Debbie Williams); 283 Grant Street (International Market Place /Kathleen Fawcett);
2318 Main Street (ParksideNanessa Currie); 14 Allen Street (recently relocated from Medical Corridor /Mary
Ruchaczewski). The individuals housed within these locations are to provide coordination of citizen and family
preparedness plans and programs, including volunteer initiatives, enhancement of response and recovery plans as
directed by the City of Buffalo's Homeland Security Coordinator, and collect data and information for all hazard mitigation
within Buffalo's neighborhoods. This is accomplished through training the community in information sharing, capacity
building, neighborhood organizing, and disaster preparedness in partnership with other social service and public safety
agencies, in collaboration with Community Emergency Response Teams. The Citizen Preparedness Coordinators also
organize community outreach activities, conduct presentations and trainings (neighborhood watch, identity theft, what to
do when stopped by the police, etc.), and assist with volunteer planning. In addition, these individuals train citizens in
shelter in place, how to establish phone trees and other information sharing systems, they work with immigrant and
refugee populations on issues such as the use of E -911, familiarizing them with law enforcement, etc., they conduct
asset /needs surveys with area block clubs, business groups, etc., conduct problem solving training to help build
community capacity and to keep citizens informed and engaged, and also, educate the community as to their roles and
responsibilities as Buffalo's citizens to improve the City's capacity to prevent, prepare for, and respond to acts of terrorism,
other emergencies and natural disasters.
The future use of these satellite offices will continue to be for citizen preparedness and the facilitation of citizen
involvement in personal preparedness as long as the UASI funding is available to fund the citizen preparedness
coordinators. The funding to date,
will end 3/31/07, and the Year 4 application is pending before the "feds" and then will be turned over to the State, who will
determine the amount of funding the City will get (if any) in the next found of funding. Be advised citizen preparedness
also works jointly with the Red Cross and the County's Prepared and Ready Program.
The COPS Program originally began with a satellite office that was established at the Gloria Parks Community Center and
was staffed with a Vista Volunteer, around 1996. Other sites then opened up over the next several years as the Police
Department began a comprehensive community policing effort due to various sources of grant funds. The many COP
satellites that were opened were staffed with Vista Volunteers and later, with funding from Americorp. Often times if the
funding ran out, the satellite closed. Community Police Officers would utilize the satellites during their shifts, but they were
never assigned there permanently. Many also had volunteer helpers from the community. In 2001, the Police Department,
through their own efforts, worked on securing various funding sources of grant money to keep five (5) satellites open over
four years, with funding to keep full -time quality of life coordinators in the five. When the funding ceased to exist, the
Department tried to go through various sources to secure funds for quality of life coordinators. Because of lack of support
and funding, the Department again, through its own initiative, changed the direction of providing citizen services, based on
funding dollars, in order to keep those 5 full -time positions within the community. While various government officials and
other smaller entities gave the COP Satellites donations of paper, or money to fund some activities out of their particular
site, the amount was never enough to retain five full -time positions (with benefits).
The current COPS initiative within Buffalo Police is a hiring grant that enabled us to bring back 32 Police Officers over a
three -year period from 6/1/03 through 5/31/06, performing community policing functions when manpower permits. As of
6/1/06, the grant will end; the Department will have received $5,449,216 covering salary /fringes of these officers, WITH
NO CASH MATCH. The mandate as of 7/1/06 as a result of this grant, is to retain these 32 positions for one budget year
beyond the life of the grant, which will take the Department's obligation through 6/30/07. As far as our obligation for
community policing under the grant, we will continue our efforts (park/ride, school resource, etc.). To this end, we have
worked very closely with the "feds" to ensure the City's compliance on supplanting issues and meeting the federal
requirements, due to the City's fiscal situation and contractual obligations with Police.
The current officers working as community police officers, manpower permitting are:
A District: Anthony Lebron (1000- 0800), Jimmie Pratts (1530- 0130), Mary Gaspar (0600- 1600), Marie Richardson (0600-
1600)
B District: David DelValle, Deirdre Carswell, Debbie Daniels (0600- 1600), Victor Santiago /Marcellino Vasquez (1530-
0130), Ken Devlin /George Morelock (1530 -0130)
C District: Greg Kwiatkowski (0600- 1600), Elijah Feaster (1000 -2000- temporary for Daniel O'Neill who is on light duty),
Robert Lee /Michael Alberti (1530 -0130)
D District: Lori Grzybowski, Jeff Renaldo, Ardella Young, Jose Vega (1000- 2000), John LoBough /Darwin Jones (1530-
0130)
E District: Barbara Lark (0600- 1600), George McLean /Gerald Smith (1530 -0130)
If you require additional information, please fee free to contact my office. Thank you.
REFERRED TO THE COMMITTEE ON FINANCE.
No. 27
Certificate of Appointment
Appointment Effective: April 3, 2006 in the Department of: Police Division of: Administration & Communications to the
Position of: Report Technician
Temporary Appointment at the Maximum Starting Salary of $30,213
Carrie Price 88 Ivy Street Buffalo, NY 14211
REFERRED TO THE COMMITFEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT &
INSPECTION SERVICES
No. 28
Food Store License
1200 Hertel (Delaware)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Food Store License located at 1200 Hertel 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. 29
Food Store License
764 Sycamore (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 754 Sycamore 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
April 19, 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 herby is authorized to grant a Food Store license to Arifah
Elabed, located at 754 Sycamore
PASSED
Ayes — 9 Noes — 0
No. 30
Restaurant Dance License (RENEWAL)
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the
premises located at 1 Main for which said renewal application for a Restaurant Dance Class III 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.
Mr. Bonifacio moved:
That the above communication from tile Department of Economic Development, Permit and Inspections Services dated
April 11, 2006, be received and filed; and
That pursuant to Chapter 150 of the City Code, tile Commissioner of Economic Development, Permit and Inspections
Services be, and he hereby is authorized to grant a Restaurant Dancing License to HSBC Arena, located at 1 Main Street.
PASSED
AYES — 9 NOES —0
No. 31
Restaurant Dance License (RENEWAL)
1110 Elmwood (North)
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the
premises located at 1110 Elmwood for which said renewal application for a Restaurant Dance Class III 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.
Mr. Bonifacio moved
Pursuant to Chapter 150 of the City Code, that Dominic Massaro application for renewal of its restaurant Dance Class III
license be approved for Mr Goodbar located at 1110 Elmwood
PASSED
AYES — 9 NOES -0
NO. 32
Sidewalk Car6 License
3112 -3114 Main (University)
The Common Council approved a sidewalk car6 for the restaurant located at 3112 -3114 Main on July 13, 1999 (C.C.P.
#145). The restaurant, formerly known as Osaka Sushi Bar, is now owned by Robert Ryan and called Vado Pazzo. Mr.
Ryan has requested permission to install a similar cafe. The Department of Permit & Inspection Services has no objection
to you Honorable Body authorizing the Commissioner to issue a "mere license" to encroach City right of way provided all
conditions in the above mentioned approval are met.
REFERRED TO THE COMMITTEE GN LEGISLATION.
FROM THE BUFFALO SEWER AUTHORITY
No. 33
BSA
OPERATING FUND BUDGET
2006 -2007
Enclosed is a copy of the Buffalo Sewer Authority Operating Fund Budget for fiscal year 2006 -2007. This budget was
adopted at the Sewer Authority Board meeting April 12, 2006.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
RECEIVED AND FILED
NO. 34
APPROVAL OF CONTRACT FOR SALE OF LAND -29 NORTHAMPTON -
ARTSPACE
(CCP #2 -4/18/06)
Upon review of this item which was approved by the Council at its 4/18/06 meeting, the City Clerk is unable to certify its
passage and referral to the Mayor because it is subject to a public hearing on 5/2/06.
PASSED.
AYES -9. NOES -0.
NO. 35
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
294 Franklin Street
Frank Tupp, Inc.
P. Kelleher, Agent
454 Pearl Street
Michalina's Bistro & Martini Bar, Inc.
"
752 Elmwood Ave.
Kibarashi Restaurant, Inc.
M. Stachowski, Agent
253 Allen St.
Staples
F. A. Sasala
RECEIVED AND FILED
NO. 36
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:
Public Works, Parks & Streets -D. Boeing, S. Long
Police -S. Maraschiello, L. Valvo, K. Vona
RECEIVED AND FILED.
NO. 37
REPORTS OF ATTENDANCE
I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities
reporting the membership attendance at their respective meetings:
Buffalo Sewer Authority- 4/12/06
RECEIVED AND FILED.
NO. 38
APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT
I transmit herewith Appointments in the various departments made at the minimum (Temporary, Provisional or
Permanent) (as per contract requirements).
RECEIVED AND FILED.
DEPARTMENT OF COMMUNITY SERVICES AND RECREATIONAL PROGRAMMING
Appointment effective April 4, 2006 in the Department of Community Services and Recreational Programming, Division of
Substance Abuse Services, to the position of Junior Accountant, Provisional, at the minimum starting salary of $28,772.
Franklin S. M. Carter 10 Avery Avenue Buffalo, NY 14216
DEPARTMENT OF PUBLIC WORKS, PARKS AND STREET
Appointment effective April 17, 2006 in the Department of Public Works, Parks and Streets, Division of Streets, to the
position of Truck Driver (Streets), Temporary, at the minimum starting salary of $27,646.
David Crapo 574 Marilla Street Buffalo, NY 14220
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
NO. 39
JAZZARELLA
SPECIAL USE PERMIT LAW SONING
For nine years the - special use permit law was in place and provided neighborhoods and city officials with the ability to
review the proposed use of buildings and consider how these uses would impact a community. Without this law city
officials and neighborhood residents would not have a voice as to what type of agency locates within their community.
Forever Elmwood is concerned that without a government initiated community outreach process neighborhoods would
see the duplication of similar human service agencies within their community. Forever Elmwood requests that the
Common Council reinstates the special use permit law as originally drafted in order to ensure that neighborhoods and
elected officials have the opportunity to consider the impact of such developments.
If you have any further questions please feel free to contact me at 881 -0707.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 40
S BISSONETTE
CAZENOVIA RECOVERY SYSTEMS INC
Cazenovia Recovery Systems is an organization, which offers a variety of services, including residential treatment, for
disabled persons - more specifically those
recovery from addictions or mental health disorders. The proposed Restricted Use Permit would regulate future sitting of
agency programs. I believe that the re- establishment of this law places unique requirements on human service facilities
that are not placed on others and that these requirements are discriminatory in nature. The premise of the Restricted Use
Permit is that human services facilities and the persons they will bring into a community will "alter the nature and character
of affected areas to the detriment of both the users of the facilities and the community in general." Such unfounded claims
have included such things as a decrease
in property values, an increase in criminal behavior or a general decline in the quality of the neighborhood.
I realize that this Amendment is a response to property owners who are worried about an influx of human service
programs and the possible negative impact on their neighborhoods. But these contentions are not supported by statistics
or facts. Most court cases involving these types of restrictions without underlying proof of the need, find the laws to be
discriminatory.
Cazenovia, as well as other human service facilities, pride ourselves with being responsible and considerate members of
the communities where we are located. We are proud to be a part of Buffalo and I am sure that human service
organizations are appreciated, but we get very mixed messages about our services. To quote a particioant during our last
community meeting involving counseling offices: "Your organization truly does good work and we commend you for that.
But we would Orefer that you do not do your work in our neighborhood. Go somewhere else!" Similarly, the proposed
Restricted Use Permit sends a very confusing message and does little to integrate services into city planning. This law is
exclusionary and I think you should give consideration to tossing this law. I think that we can work together to find more
Oositive ways to locate human service facilities.
In closing, I would like to read a letter from the Supervisor of Town of Eden written over a month ago. It is about one of our
program sites located and operating in Eden for close to 20 years. It is our most intensive residence for individuals in
recovery from chronic drug use and many with co- occurring mental health disorders. This is the type of program often
referred to when speaking about negative impacts on a neighborhood or community. It is located in a residential section of
the Town and serves approximately 100 people each year, the vast majority who are resident of Buffalo
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 41
J chilson
INFO PROPERTIES IN COB
Item #142, CCP, April 4, 2006
"Inviting Representatives of MBBA 2003 -A Tax
Lien Finance Trust ( "MBBA Trust ") & J
ER Revenue Services, LLC, Servicer to
MBBA Trust ( "JER ") to Meet with Common Council Re Properties in COB"
On behalf of the MBBA Trust and JER, I am writing in response to the above referenced resolution. JER's efforts to collect
on the tax liens purchased by the MBBA Trust to benefit the City of Buffalo with a $4.1 million funding remain ongoing.
There are a number of tax liens held by the MBBA Trust that are liens on properties with nominal value that are of mutual
concern. We met last fall with representatives of the Mayor's Office, the Treasurer, and the Assessment and Taxation
Department to discuss this population of liens.
We have been exchanging information with Judge Henry Nowak, of the City Court of Buffalo, to address some of the
issues related to the distressed properties that were a part of the portfolio sold by the City of Buffalo to the MBBA Trust.
We have also communicated with the National Vacant Properties Campaign regarding its work in Buffalo. This Monday,
April 10, 2006, we met with Assemblyman Sam Hoyt and State Senator William Stachowski, representatives of the
Mayors' Anti - Flipping Task Force in Albany regarding this issue, and we have a subsequent meeting planned in Buffalo.
The options available to the MBBA Trust to pursue collections on a number of the sold tax liens are extremely limited due
to the distressed nature of the properties these liens are secured by and the enormous over - supply of vacant land and
abandoned housing that exists throughout the City of Buffalo. We are working diligently to resolve these issues and are
utilizing all resources available to realize whatever value we can from this portfolio to pay down the bonds that were
issued based upon the estimated value of the liens sold by the City of Buffalo.
We would like to extend an invitation to a representative of the Common Council to attend the upcoming meeting with the
Mayor's Anti - Flipping Task Force.
REFERRED TO THE SPECIAL COMMITTEE ON BUDGET
NO. 42
OVERPAYMENT OF PENSION BENEFITS
My name is Michael D'Amico. I have been retired from the Department of Fire of the City of Buffalo since January, 1998.
was proud to serve the public as a Fire Fighter and Fire Lieutenant for 31 Y2 years.
I never dreamed that my retirement years would be a financial disaster due to the improper processing of my retirement.
In 1997, while off injured, I was sent a letter by Deputy Commissioner John Sixt instructing me to either return to duty or
retire otherwise I would be removed from the payroll threatening dismissal. I explained that my appeal for disability was
pending. Deputy Commissioner Sixt and Fire Administrator James Malone assured me that if did retire and was later
awarded a disability option, they could then convert my pension plan to 3751 assuring me benefits until age 70. At the
time I retired, my pension was 68% of my final years' salary or $3,000 per month.
On May 29, 2000 1 was awarded Performance of Duty Disability. On August 1, 2000 1 received a letter from the pension
system requiring me to make a decision on whether to keep my present retirement benefit or change to Disability Benefit
which would be 50% of my final years' salary and the City of Buffalo would pay the other 50% retroactive to January,
1998. At that time I went to Fire Headquarters and Administrator Garnell Whitfield filled out my application to change to
plan 3751 to be paid until age 70. Only after that did I selected the option of disability payments.
I was paid back pay by the City of Buffalo retroactive to January, 1998 and received paychecks every two weeks until
November, 2001. At that time my checks from the city stopped and I received a letter from Gamell Whitfield stating that
the Department of Audit & Control directed him to collect $97,854 seeking reimbursement of overpayment to me.
Enclosed are newspaper articles wherein Deputy Fire Commissioner James Malone stated that 1, along with seven other
men, fell through the cracks in the system. That being the case, this erroneous processing of my retirement was not my
fault. It was Commissioner of Personnel John Sixt and Administrator James Malone who directed me.
Senator William Stachowski and Assemblyman Paul Tokasz have currently filed a bill to change my pension to plan 3751.
Assemblyman Tokasz recently sent a letter to the Common Council requesting a Home Rule so he could continue. At this
time I am not aware of any action being taken.
I would like to appear before the next Common Council meeting to plead my case on the many mistakes and errant
advice given to me by the City of Buffalo. I realize that approval of this change will be at a cost to the city. However, to the
city the cost would be minimal whereas to me, my whole career is at stake. I humbly ask for the opportunity to present my
case.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE, DEPARTMENT OF HUMAN RESOURCES AND
CORPORATION COUNSEL
NO. 43
Ellicott Development Co.- Amendment Urban
Renewal Plan S. Division, Swan & Michigan Ave.
We are currently working with the New York State Department of TransPortation to relocate its offices from the Donovan
Building to our property at 100 Seneca Street. The State will need 140 -150 off -site parking spaces in addition to the 178
on -site spaces at 100 Seneca Street. -
The off -site parking spaces should be located in a single parking lot within 2 -3 blocks of the building. The rate per parking
space should be comparable to the rates negotiated at 100 Seneca Street (i.e., $45.00 - $50.00 per month) and should be
guaranteed for the full 15 -year term of the lease. The off -site parking lot should be paved, fenced and lit in accordance
with OGS specifications. Ideally, the off -site parking lot would be owned or controlled by the landlord so that it could be
incorporated into the terms of the lease. (See; Letter from Barbara Gray, dated August 29, 2005, a copy of which is
attached).
After surveying all of the existing parking lots within 2 -3 blocks of the building, we have been unable to find a lot that
adequately meets the needs of the State. In particular, none of the existing parking lot owners were willing to commit to
the 15 -year term or to make the necessary improvements required by the State. As such, we have been forced to explore
other alterative
We would like to pursue the development of a parking lot on our vacant parcel of property at the comer of Michigan
Avenue and S. Division and have enclosed a preliminary site plan for your review. This site plan addresses many of the
issues previously raised by the various neighborhood groups, including the following:
(a) Landscaping and an ornamental fence along the perimeter of the site;
(b) A 20 -foot landscaped buffer and wood stockade fence between the parking lot and the adjoining properties; and
(c) Locating the entrance on Michigan Avenue to minimize any potential interference with the adjoining
neighborhood.
We will continue working with these groups throughout the course of the process.
With the exception of a limited number of evening and weekend events, the parking lot will be dedicated primarily to the
State of New York and will not be operated as a public parking lot.
As you are aware, the project will require an amendment to the existing Urban Renewal Plan, which is set to expire on
August 1, 2007. Given the State's timeframe, we would like to begin the process as soon as possible.
Please review the enclosed materials and call us with any additional information that you need. If you do not need any
additional information, please submit the enclosed site plan and our request for an amendment of the Urban Renewal
Plan to the Planning Board at your earliest convenience.
Thank you for your time and attention.
REFERRED TO THE COMMITTEE ON LEGISLATION COMMISSIONER OF PERMITSAND INSPECTIONS
NO. 44
New Sex - offender Law Mandates Relocation
Please file the attached documents for the next Common Council Meeting for May 2, 2006.
REFERRED TO THE COMMITTEE ON LEGISLATION AND CORPORATION COUNSEL
NO. 45
ENVIRONMENTAL CLEANUP ACTIVITIES COMPLETED AT THE SHENANGO STEEL MOLD SITE
INTRODUCTION
The New York State Department of Environmental Conservation (DEC) is pleased to announce the recent completion of
environmental cleanup activities at the Shenango Steel Mold inactive hazardous waste disposal site, located at 1750
Fuhrmann Boulevard in Buffalo, Erie County (see adjacent figure). Cleanup efforts at the site were completed by DEC
through New York State's Superfund Program, a program that funds the investigation and cleanup of inactive hazardous
waste disposal sites throughout the state.
FACT SHEET
SITE BACKGROUND
The Shenango Steel Mold site consists of approximately 18 acres of land, and was once the location of a facility that cast
iron molds for the steel industry from 1962 to 1982. The property is currently unoccupied and includes the partial remains
of one former mill building and the foundations of two other demolished buildings. The area surrounding the site is
characterized as industrial and commercial. The site is bordered on the south by the former Hanna Furnace site (now
Buffalo Lakeside Commerce Park), on the west by the Union Ship Canal, and on the north by Tifft Nature Preserve. New
York State Route 5 and the Skyway Bridge run along the west of the site, while numerous light industrial facilities are
located just south of the site.
DEC first became involved with the Shenango Steel Mold site in 1993 after receiving an anonymous report of trespassers
scrapping electrical transformers and disposing of the transformer oil at the abandoned site. Soil sampling at the
transformer scrapping area detected polychlorinated biphenyls (PCBs) at hazardous levels. In 1994, DEC excavated and
disposed of visually contaminated concrete debris, a small amount of soil, waste drums and pails from this area. A
Remedial Investigation (RI) was later conducted to determine the type and location of any remaining contamination at the
site, and to determine the potential impact that these contaminants posed to human health and /or the environment. The
investigations, completed in 2001, found that PCBs, hydraulic oil and semi - volatile compounds were present in the soils
and demolition debris at the site.
A proposed cleanup plan was presented to the public and, after all public comments were considered, DEC selected a
final site cleanup plan that was documented in a March 2002 Record of Decision.
A State Superfund supplemental investigation was completed in 2004 which better defined the type and location of PCB
and hydraulic oil contamination at the site.
DETAILS OF THE SITE CLEANUP
The cleanup design for the Shenango Steel Mold site was completed in 2005 and the contract for cleanup activities was
awarded in January 2006 to Horizon Environmental Services (Horizon) of Cranberry Township, Pennsylvania.
Environmental cleanup work at the site began in February 2006 and was completed in March 2006. All construction work
was performed under full -time oversight by Ecology & Environment Engineering, P.C., the engineering consultant hired by
DEC. In addition, the contractor's Health and Safety plan for the work was followed to ensure that onsite workers and the
nearby community were protected during site cleanup activities. As part of the Community Air Monitoring Plan, dust levels
were continuously monitored at four (4) locations surrounding the site to ensure that dust was not a problem during
cleanup activities.
The following cleanup activities were completed at the site:
A total of 12,000 tons of non - hazardous, solid waste consisting primarily of PCB and hydraulic oil contaminated soils and
approximately 15 tons of contaminated concrete were removed from the site and disposed of at an off -site, state permitted
facility;
Groundwater generated from excavation activities was collected and treated onsite. Samples of the collected water were
regularly obtained prior to onsite discharge and analyzed for site specific contaminants of concern to ensure compliance
with NYSDEC discharge standards;
Excavated areas were backfilled and re- graded with off -site, clean soil to promote proper site drainage; and The eight
existing groundwater monitoring wells on the site were removed.
During cleanup activities, all truck traffic to and from the site associated with excavation and off -site disposal activities was
limited to Fuhrmann Boulevard and Route 5. During that time the contractor was responsible for keeping the
transportation route clean of all site related soils and fill material.
WHAT HAPPENS NEXT
DEC will prepare and finalize the cleanup certification report in preparation for reclassification of the site on the Registry of
Inactive Hazardous Waste Disposal Sites.
LOCATIONS TO VIEW PROJECT DOCUMENTS
For your convenience, detailed project documents the Shenango Steel Mold site are available for you review at the
locations listed below. Once finalized, a copy of the cleanup certification report will also be placed at these locations. The
cleanup certification report should be available by the end of May 2006. :
Dudley Branch Library 2010 South Park Avenue Buffalo, New York 14220 (716) 823 -1854
NYS Department of Environmental Conservation 270 Michigan Avenue Buffalo, NY 14203 (716) 851 -7220 Please call
Mr. David Locey for an appointment.
Your patience and understanding during this site's investigation and cleanup processes has been appreciated. With your
continued support and cooperation, this site will soon become an asset to your neighborhood and community.
RECEIVED AND FILED
NO. 46
M COB REQ PURCHASE
126 GRACE
I was very excited to hear from Dan, that 126 Grace should be coming down this summer. I am also wondering what the
taxes or any other expenses would be on the property. I might be interested in buying the lot, depending on the price and
other expenses. Please let me know the price and taxes, so I can figure out if it's feasible for me to purchase the property.
Marge Cole 120 Grace St. Buffalo, NY 14207
I would like to take this opportunity to thank you for ALL your efforts to finally have this building taken down. I have lived in
fear for long enough, so THANK YOU SO MUCH!I!!
REFERRED TO THE COMMITTEE ON FINANCE, REAL ESTATE DIRCTOR
NO. 47
Amendments to the Kenmore Municipal Code, Chapter 25 —
Zoning Proposed Local Law #I, 2006 - District Designation
Proposed Local Law #2, 2006 —
General Business Use District Proposed Local Law #3, 2006 —
Restricted Business Use District
LOCATION: Kenmore Business District- Delaware Avenue, Kenmore Avenue and Elmwood Avenue
The Village of Kenmore wishes to declare Lead Agency in the above referenced action and has identified this project as
an Type I Action for the purpose of SEAR. The Village will coordinate its review of this project with the above involved
agencies pursuant to Part 617.6 (b).
Any involved or interested agency may submit objections in writing within thirty (30) days of the date of this notification. If
no objections are expressed, the Village of Kenmore Board of Trustees will assume lead agency status for this action and
will make a determination of its significance.
The Village of Kenmore has made an initial determination of no significant impact and anticipates issuing a negative
declaration ff no significant concerns are identified. The Environmental Assessment Form (EAF) Part I is attached for your
review.
Written comments may be submitted to:
Village of Kenmore Office of the Village Clerk
Kenmore Municipal Building - Room 17
2919 Delaware Avenue
Kenmore, New York 14217
Attn: KATHLEEN P. JOHNSON, Esq. - Clerk /Treasurer
All comments must be received before May 26, 2006.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT COMMISSIONER OF ECONOMIC
DEVELOPMENT PERMITS AN DINSPECTIONS
NO. 48
SURVEY CAZENOVIA CREEK FLOOD PLAIN AREA
Enclosed you will find a survey regarding mandatory flood- insurance, which is being conducted by South District
Councilmember Michael P. Kearns and Lovejoy - Kaisertown Councilmember Richard Fontana in conjunction with the City
of Buffalo's Office of Strategic Planning. These surveys are being distributed to all residents and home /properly owners in
the Cazenovia Creek flood -plain area. The information you provide will be kept completely confidential.
This survey is meant to address the concerns of the many residents who have complained over the years about what they
perceive to be the unfair financial burden of mandatory flood insurance in the Cazenovia Creek area. This survey is
designed to collect hard evidence, reflecting the true impact of mandatory flood insurance on local home /property owners.
If there are questions in this survey about which you are unsure, we urge you to do your best to seek out as much
information as you can to accurately complete this questionnaire. Once all surveys have been returned, this data will be
reviewed and used to explore all available options for alleviating or eliminating the financial burden of mandatory flood -
insurance.
Councilmembers Kearns and Fontana will be holding a public meeting to reveal the results of the survey, to affected
residents, at a time and place to be announced. We are asking that all surveys be postmarked no later than Thursday —
June 1 a and returned by mail to:
Councilmember Michael P. Kearns Rm. 1401 City Hall Buffalo NY, 14220 Attn: Flood Insurance
Your timely cooperation with this survey is greatly appreciated.
REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT
No. 49
Survey
Hickory woods neighborhood
Since assuming my position as your South District Council Member in January, I have spent significant time studying the
issues affecting Hickory Woods residents. I have met several times with Mayor Byron Brown and his staff as we monitor
the City's on -going efforts to resolve the problems facing us. I have had numerous conversations with the various public
agencies involved, including an ongoing dialogue with Joseph A. Gardella, Jr., Ph.D. All involved are committed to
resolving this matter as soon as possible for the residents of the Hickory Woods development.
As we move forward, I believe that we must identify and document the current and ever - changing needs, issues and
concerns of each Hickory Woods family. For this reason, my district staff and I intend to meet with each of you to solicit
your input and response to a survey that we have prepared. My staff and I will be in the Hickory Woods neighborhood
during the next few weeks to conduct this survey.
This survey is an important pre- requisite to finalizing a responsible comprehensive action plan. Each resident's
questionnaire will contain the same questions and each homeowner will have an opportunity to provide any additional
input. Your responses and the data that you provide will be summarized into a report with the assistance of Dr. Gardella,
and shared with the lead agencies in this matter.
I thank each of you in advance for your anticipated participation in this survey, and I thank you for the extreme patience
and cooperation that you have shown as this matter has dragged on. Hopefully this step will bring us that much closer to
an acceptable resolution of this issue.
If you have any questions regarding the above, please do not hesitate to contact me or my staff in my office in Room 1401
City Hall or by phone at 851 -5169.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
No. 50
CONCERNS
NEIGHBORHOOD SCHOOLS
Please file the attached item for the Common Council meeting to be held today at 2:00 p.m.
I am hoping you wilt be able to offer some assistance with a problem I have recently encountered with the Buffalo Public
School System. My son Lincoln, who is 5, wilt be starting Kindergarten in the fall. My husband John is a Buffalo Public
School Teacher so we never considered anything except a neighborhood Public School. We applied back in December to
Discovery School, Lorraine Academy and Southside Elementary as required since they are the only Public Schools within
reasonable distance of our home, aside from them all being lottery -based schools. We applied for Proximity Preference to
Discovery as we live on Turner Avenue and that's less than one mile from the school Again, we knew these were lottery -
based schools but we were not prepared to be "rejected" by all three yet that is what happened.
We received a letter in the mail stating that Lincoln had not been accepted and that we could call the BPS Placement
Office to see where they were accepting children. The schools we were told were mostly on the East and West Sides.
Why would I choose to send my 5 -year old child on a bus clear across town when there are three schools in our own
area? As an aside, my husband is familiar with most of those schools since he is a teacher, and he is well aware that
more than several of them are poorly performing schools. Also, if we did choose to send Lincoln to one of the available
Public Schools, we would have to reapply for our neighborhood schools all over again when he would be entering First
Grade. Where is the fairness in all of this?
Councilman Kearns, what is the point of a neighborhood school ff children in the neighborhood are not being accepted for
attendance? I am very emotional about this issue for many reasons. I cannot even believe that Lincoln is old enough to
attend Kindergarten. We made the decision not to send him to all -day Preschool last year at Discovery School, and now I
feel as ff we are being penalized for that choice. I'm guessing it is not just our family that is facing this school dilemma
right now, but I am the one who feels the need to speak out about it. As a parent, I'm hoping you can see why I'm
disheartened.
I am a Stay -At -Home Morn to Lincoln, who's 5, Christian, who's 3, and we are expecting our third child early November.
We really do not have the money for Catholic School, and anyway, I feel that the Public Schools have plenty to offer my
children. We made the decision for me to stay home with our child, and then our children, when I was pregnant with
Lincoln. It is a decision I do not regret in the least°
I hate turning this into such a huge deal, but it's Lincoln's education that is most important to me, and as a parent yourself,
I'm hoping you understand that is why I am so upset about this. I do not know ff you can help us at all, but I am hoping
that you can. I just want my children to have a great education, and I know they can get it within our Public School system.
I also want them to be able to make friends in their own neighborhood. My sister and I went to Waterfront School many
years ago and we really didn't have local school friends. That was a wonderful Magnet School back then, but times have
changed.
Thank you so much for taking the time to read this letter. I know your time is valuable, and I appreciate your help and
concern regarding this. Any assistance you can offer us will be greatly appreciated. If you have any more questions for
me, I can be reached at 821 -9919. Thank you, again, Councilman Kearns. Keep up the good work!
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION BOARD OF EDUCATION
NO. 51
COMMENTS
OPPOSE RESTRICTED USE PERMIT
My name is Heather Laney and I am the Mental Health Systems Advocate at Mental Health Peer Connection. I am here to
oppose the Restricted Use Permit and its limiting and discriminatory effects on human services agencies like the one I
work for and the people who rely on them, and on you. it's hurtful because it discriminates, it hampers the work of helping
people to be engaged and productive citizens, it ignores the good effects of our agencies on their neighborhoods, and it
may violate federal law.
The zoning ordinance as it stands discriminates against not - for - profit agencies. It specifies that an agency must prove that
it will not harm the area around it. No such requirement is made of other entities that deliver health services or provide
emotional support to the people they serve. It is both inhumane and bad public policy to treat human service providers as
presumptively harmful to their neighbors
The ordinance invites the community to ignore the positive impact of our presence in the locations we choose. We
frequent restaurants and shops. We help single mothers with children maintain themselves as functioning families. Our
employees eat and shop in the neighborhoods near our offices. We attract visitors for conferences and seminars just as
any other small business might do.
Finally, you should be aware that the ordinance may violate federal law. The Fair Housing Amendment Act of 1988
prohibits discrimination, which means the "refusal to make reasonable accommodations in rules policies, practices, or
services, when such accommodations are necessary to afford [handicapped persons an] equal opportunity to use and
enjoy a dwelling." Local zoning ordinances must comply with the provisions of this statute. Leaving the Restricted Use
Permit ordinance in its present form, in addition to being unwise and uncompassionate public policy, may result in
expensive litigation and turn out to be unenforceable.
I urge you to consider these points and make appropriate changes in the ordinance. For these reasons you should
change the law. Thank you.
Thank you for your time and attention.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 52
54 B STREET
This letter shall serve to put you on formal written notice that a hazardous condition exists at 54 B Street in the City of
Buffalo. This structure is vacant, abandoned, and in dilapidated condition. It poses a very serious safety threat to
passersby, neighborhood children, and adjacent properties. The property at 54 B Street needs to be demolished without
any further delay.
This information is being furnished to your office so that it may be forwarded to the appropriate department for corrective
action.
Thank you for your kind consideration in this matter.
REFERRRED TO CITY CLERK AND COMMISSIONER OF ECONOMIC DEVELOPMENT PERMITS AND
INSPECTIONS
NO. 63
RULES AND PROCEEDURES FOR HEARINGS
Enclosed please find a hearing notice for May 10, 2006 and a copy of the Living Wage Commission's Rules and
Procedures for Hearings.
The Commission has asked you to supply it with a written summary of your legal arguments and material evidence by
May 3, 2006. We will supply you with a written summary of our legal arguments and material evidence by that same date.
If you have any questions, please feel free to call me.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 64
RE: USE OF MASTEN PLAYGROUND: SUMMER 2006
We request to be able to hold our program at the Masten Playground again this year. BFNC, Inc. is prepared to operate
the supervised recreational and educational activities from the Masten Playground this summer, from Wednesday, July
5 through Friday, September 1, 2006 on the condition that the playground and shelter house can be brought into
compliance with the requirements of the Erie County Health Department.
We have operated the summer day camp programs from Masten since 1987.
We are prepared to provide:
• Staffand supplies for a daily program for children 5 -12 years of age
• Daily summer day camp, Monday through Friday, 7:30 am. to 6:00 p.m.
• 200 children register; 150 will participate on a daily basis
• Breakfast, lunches and snacks are provided by the USDA
• Youth 12+ can access the playground after 6:00 p.m.
• Adult staff monitor and supervise activities, including access to the shelter house
• Playground access to other groups and individuals throughout the day
Under BFNC staff supervision, Masten Playground will be fully utilized. Staff includes
I Site Coordinator, 2 Assistant Site Coordinators, 8Tutor /Counselors, 8 Program Aides and 20 Summer Youth Workers.
As in the past, the public will be able to access the playground during the day and in the evening.
The summer day camp operated by BFNC is licensed by the Erie County Health
Department. The playground and shelter house must pass their inspection.
In order to be ready for licensure and operations, we ask that park personnel attend to the following:
• Repair of leaking roof over on south side of building over the boy's bathroom.
• Repair broken glass block window, perhaps with concrete block.
• Repair broken light fixtures.
• Replace plumbing that have been stolen including faucet, water lines to sink, and reinstall sink.
• Initial major clean up of the playground's exterior and periphery
• General cleaning of the shelter house
• Placement of trash barrels at several strategic points: near basketball courts, bleachers and shelter house entrance
• Beginning in May, regular cutting of grass inside and around the periphery of the playground.
We would like to update the painted mural on the outside of the building, removing graffiti and touch up painting on the
inside
Ms. Tiffany Prunty is our Director of Children and Youth Services. Ms. Prunty can be reached at 856 -0363, Monday
through Friday, from 9:00 a.m to 5:00 p.m.
We look forward to another productive, high- energy summer. Your assistance and cooperation is appreciated. Please
confirm our use of Masten Playground at your earliest convenience.
REFERRED TO THE COMMITTEE ON FINANCE PUBLIC WORKS AND ERIE COUNTY PARKS
No. 66
Renewal of telecommunications license
Fiber Technologies Networks, L.L.C. (Fibertech) hereby wishes to exercise its option for renewal of the
Telecommunications License held with the City of Buffalo for a consecutive five (5) years, according to Section 3.1 of the
present license.
Thank you for your attention and cooperation.
REFERRED TO THE COMMITTEE ON LEGISLATION OFFICE OF TELECOMMUNICATIONS
NO. 66
Environmental Cleanup Activities to Begin
INTRODUCTION
The New York State Department of Environmental Conservation (DEC) is providing this fact sheet to inform you about
upcoming environmental cleanup activities that will occur at the Buffalo Color Corporation (BCC) Plant site, located at 100
Lee Street in the City of Buffalo. (See map at right.) Areas A, B, C and E of the site will be involved in upcoming cleanup
activities. (Area D was cleaned up previously.)
To address contaminated groundwater that was found at the site during environmental investigations, Honeywell (a
potentially responsible party) will conduct a cleanup effort at the site called an Interim Corrective Measure (ICM). An ICM
is a cleanup action that can be conducted relatively quickly to reduce the risk from a well- defined hazardous waste to
people's health and the environment.
ICM activities at the BCC Plant site will begin in May 2006 and are expected to be completed during the Fall of 2006. After
construction, the installed cleanup systems will be monitored through a DEC approved Operation and Maintenance and
Monitoring Plan.
SITE HISTORY
The BCC plant occupies approximately 42 acres of land adjacent to the Buffalo River. The area surrounding the BCC site
is zoned for heavy industry. For over one hundred years, the BCC facility has been involved in the continuous production
of dyestuffs and organic chemicals. The BCC plant is currently in Chapter 11 bankruptcy awaiting the outcome of suits
filed for unfair trade practices.
In 2005, Honeywell entered into an Order on Consent to address groundwater contamination at the site. An Order on
Consent is a legal agreement between DEC and responsible or potentially responsible parties, in which the parties agree
to undertake investigation and cleanup, or pay for the costs of investigation and cleanup work at a site. Honeywell
completed an ICM engineering design to address groundwater contamination at the BCC Plant site in 2005. Honeywell
began voluntarily removing abandoned chemicals (tanks, drums, etc.) from the site in December 2005, and removal
efforts are still continuing.
WHAT WILL THE UPCOMING CLEANUP ACTIVITIES INVOLVE?
ICM cleanup activities at the site will be performed by a contractor hired by Honeywell. components of the upcoming
cleanup activities for the site will include:
• installing a groundwater extraction system to extract contaminated groundwater in Area A;
• controlling the discharge location of groundwater in Areas B, C and E;
• obtaining environmental easements that will restrict the future use of the entire site;
• repairing a drain system in Area E for proper storm water drainage;
• performing stream bank erosion control in Area A; and
• properly disposing of all materials generated during cleanup at an off -site location.
WHAT IS THE NEXT STEP?
Once cleanup activities for the ICM are completed, groundwater monitoring at the site will continue. In addition, DEC
anticipates a Remedial Investigation /Feasibility Study Order with Honeywell which will result in further investigation of soil
and groundwater contamination at the entire site. Fact sheets, such as this one, will be sent to keep you updated on
project progress.
WHO SHOULD I CONTACT IF I HAVE QUESTIONS
Questions regarding the cleanup of this site are welcome. following representatives:
ABOUT THE SITE?
Should you have any questions, please contact the
Site Related Environmental Questions
Ms. Linda Ross, Project Manager
NYS Department of Environmental Conservation
270 Michigan Ave.
Buffalo, NY 14203
(716) 851 -7220
Site Related Health Questions
Mr. Cameron O'Connor, Public Health
NYS Department of Health
584 Delaware Ave.
Buffalo, NY 14202
(716) 847 -4385
Site Related Project Questions
Mr. Timothy Metcalf, Manager, Remediation & Evaluation
Honeywell
101 Columbia Rd.
Morristown, NJ 07962
(973) 445 -4107
LOCATIONS TO VIEW PROJECT RELATED DOCUMENTS
DEC values public understanding and involvement in this project. Project related documents are available for your review
at the following locations:
Dudley Branch Library
2010 South Park Ave.
Buffalo, NY 14220
(716) 823 -1854
NYS Department of Environmental Conservation
270 Michigan Ave.
Buffalo, NY 14203
(716) 851 -7220
(Please call for an appointment.)
RECEIVED AND FILED
NO. 67
USE PERMIT FOR HUMAN SERVICES FACILITY
Comments by Lynda Stephens, 266 Hartwell Road, Buffalo, NY 14216
Today is a good day to recognize the people of the City of Buffalo for their kindness and generosity in assuming
responsibility for accommodating so many special populations as neighbors. There is no other group of folks in Erie
County that have displayed such generosity. What sometimes happens in life is that generous people are taken
advantage of. The current over - saturation of special populations in the City of Buffalo is an example of this type of
exploitation. Buffalo has taken in most of the special populations because other communities have exclusionary practices
- sometimes called NIMBY (Not In
1. 1 request that the City of Buffalo create an ordinance that limits placements in the City for each category of special
population to the percentage of the City population as part of Erie County. The 2000 Census shows City of Buffalo has
30.8% of the population of Erie County.
2. 1 request that the City of Buffalo order county -wide and city -wide reviews of special population placements in Buffalo
and Erie County. When the reviews are complete, please present this information to Buffalo residents. I suggest mapping
of placement sites for each category of special populations including human services, criminal justice and other categories
in order to show placement facts. Two kinds of maps would be prepared. Mapping would be done to show Erie County
and all its cities, villages, and towns in order to see distribution throughout the county. City maps would be created to
show placements within the various Buffalo neighborhoods. A GIS mapping system would allow each special population
to be mapped separately. Map overlays would then be used to show placement sites to inform decisions for future
placements.
3. 1 request that the Buffalo Common Council with support of the Mayor declare a moratorium on new facilities and
expansions of facilities of any type for all special populations until these comprehensive reviews are completed, public
hearings are conducted, and placement policies are developed.
Let me share with you some of my observations of over - saturation so that you can understand how I came to suggest
these recommendations:
a. Two years ago, while having lunch at LeMetro on the comer of Elmwood and Utica in Buffalo, I observed numerous
individuals with name tags walking by. I commented to my friend, a Heritage Center supervisor, it appeared that 80% of
the folks walking by the restaurant window were people with special needs. Without hesitation, she agreed and added that
Buffalo could accommodate folks without cars who need walkable neighborhoods. She lives in Amherst.
b. About four years ago a friend who worked for Erie County Dept. of Social Services mentioned that all of the clients
served by her office, i.e. emotionally disturbed persons with addictions, were placed in Buffalo in an area bounded by
Delaware, Richmond, Summer and Forest.
c. On September 8, 2005, the Buffalo News printed an investigative article which reported that there were 209 Level
Three sex offenders living in Erie County, and that 178 of the 209 lived in the City of Buffalo. That means 85% of the Level
Three sex offenders were living in Buffalo, without regard to the fact that Buffalo has the largest number of children and
the highest concentration of children of any community in Erie County. I am outraged!
Let's remember that Buffalo has about 30% of the population of Erie Co. My informed guess is that a comprehensive
review of special population placements will demonstrate that Buffalo serves most of the special needs people who live in
Erie County. It seems to me that the situation is extreme and requires scrutiny by all involved agencies and by the various
communities in Erie County. It is my belief that everyone is responsible for accommodating special populations, not just
the good and generous people of Buffalo.
Please note the following communities which have main streets and walkable neighborhoods. These communities can
surely accommodate special populations. I also recommend rural communities for some special placements, because a
peaceful rural environment can offer therapeutic opportunities such as gardening and care of animals.
Besides Buffalo there are many other viable placement sites in Erie County with main streets and walkable
neighborhoods. The list includes:
Williamsville
Village of Lancaster Akron
Kenmore
City of Tonawanda Lackawanna
Village of Hamburg Village of East Aurora Depew
Springville
Blasdell
Angola
Village of Orchard Park
Thank you for listening.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 58
Argument Against the Proposed Buffalo Restricted Use Permit Ordinance
The justification for a "Buffalo Restricted Use Permit Ordinance" that regulates the number of human service agencies
providing services to special populations is that there is a saturation level for neighborhoods that when exceeded causes
neighborhood decline. The supposition is that as the number of special population individuals residing or receiving
services within a neighborhood grows the quality of life decreases for the "normal" residents. Special populations include
the frail elderly, severe mental illness, developmentally disabled, physically disabled, persons w /alcohol /other drug
addictions, and persons with HIV /AIDS. The de- institutionalizing of special populations and their settlement and
acculturation into neighborhoods has caused a phenomenon referred to as " NIMBY" - not in my back yard.
The concern about over - saturation is more often expressed in moderate and upper income neighborhoods.
Neighborhoods where people feel they have the "most to lose ". The perceived issue about a potential decline in the
quality of life is most often expressed as a fear that property values will decline along with a corresponding increase in
crime as "those people" move in. Many residents within these affluent neighborhoods welcome special population
individuals in the Judo - Christian ethic of "help thy neighbor" and are willing to share their neighborhood. However, many
of their fellow neighbors are fearful of what may be happening in their back yard. Fear is the primal motivator in the
NIMBY movement.
The juxtaposition is that Special Populations require safe havens; communities with low crime rates, good access to
medical and counseling services, and convenient neighborhood shopping. It is a classic "catch 22" - special populations
need affluent areas / many affluent individuals don't want them.
Is there over - saturation and does it cause neighborhood decline? If not, what then does cause neighborhood decline?
How can this issue be statistically defined?
Neighborhood Condition Index (NCI) Ranking Methodology
Developed by the City of Buffalo Division of Planning, the NCI combines a number of economic variables into one
combined measurement. The NCI is built using key economic and social variables such as unemployment and poverty
rates, housing costs, housing characteristics, and household demographics. The use of these specific socioeconomic
variables is appropriate as they are consistent with the variables used by federal and state agencies to determine need
and funding allocations to local governments. The specific variables used to develop the NCI are as follows:
1. Poverty Level - the percentage of households in the neighborhood that are below the poverty line.
2. Housing Cost Burden - the percentage of households in the neighborhood that spend 30% or more of household
income on housing costs.
3. Unemployment Rate - the neighborhood rate of labor force unemployment.
4. Single- Headed Household with Dependent - the percentage of households in the neighborhood that are headed by a
single person with a dependent.
5. Renter Occupancy Rate - the percentage of houses in the neighborhood that are renter occupied.
6. Residential Vacancy Rate - the percentage of residential houses in the neighborhood that are vacant.
7. Residential Sale Price - the average citywide residential sale prices to average neighborhood sale prices.
In this study, the data used to measure the first six variables was derived from the 1980, 1990, and 2000 U.S. Censuses.
The City's Division of Planning collected the seventh variable, the ratio of average citywide residential sale prices to the
average neighborhood sale prices, from the Board of Realtors and assessment records. The next step in the construction
of the NCI was to establish the Citywide average for each variable as the base for that variable. Any neighborhood would
then be measured as being either above or below the City average. Each neighborhood was then compared to the City
averages on a variable -by- variable and a relative ranking determined.
Conclusion
The key economic variable defining decline in Buffalo neighborhoods, as determined by the City's NCI, is poverty. The
poverty variable was the single largest factor in determining neighborhood condition. In 95% of the cases, an increase in
neighborhood poverty level resulted in a decline in that neighborhood's condition during the three census decades.
Saturation of a neighborhood by social service agencies serving "special populations" has not resulted in a decline of
those neighborhoods most vociferously NIMBY; Allentown, Bryant (Children's Hospital), Delaware West Ferry, Parkside,
Starin - Central, and Albright. The Allentown neighborhood is widely regarded as the most impacted neighborhood of the
group by the saturation of agencies over the past three decades since the special populations have been de-
institutionalized. Allentown in 1980 was rated 35 out of 54 neighborhoods. By 2000 Allentown had advanced to 21 st.
Saturation of social service agencies serving special populations does not cause neighborhood decline. In fact, social
service providers moving into a neighborhood is a positive sign. Special populations need safe havens that only stable
thriving communities provide.
Neighborhood Condition Index Rankings
RANKING 1980 PLANNING NEIGHBORHOOD RANKING 2000 PLANNING NEIGHBORHOOD
23 ALBRIGHT 3 ALBRIGHT
2 STARIN- CENTRAL 7 STARIN- CENTRAL
15 PARKSIDE 8 PARKSIDE
8 DELAWARE -WEST FERRY 10 DELAWARE -WEST FERRY
24 BRYANT 15 BRYANT
35 ALLENTOWN 21 ALLENTOWN
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 69
RATES FOR TAXICABS
The City of Buffalo Taxi Cab commission and city common council has been approached with a request to have all taxi
companies in the city of buffalo display and charge the same rates. We at cold spring feel that allowing this to happen will
change our cliental base and possibly damage our business structure. Different companies have different clientele to
meet their business status. Our clientele is a majority of fixed income and low income patrons. Even though fuel prices,
insurance and maintenance costs have increased over the years, we have been able to provide our community with a
safe and reliable service. We feel the rates that we charge at our company has not only given back to the community but
has allowed us to keep our doors open through the years. Any business in the community should be allowed to charge
what they feel will be advantageous for the community as a whole as opposed to charging prices to accommodate their
own personal gain. We would once again ask the council to not allow our competitive companies to monopolize our city.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 60
BPD Policy on Death Notification
In response to the Masten District Councilmember's recent request for a police department policy on death notification, I
respectfully submit the following:
Attached herewith are the contents of Chapter 11, entitled Dead Human Body
The manual of procedures is specific in the Investigation of dead bodies, in general, and specifically, in 11.12 the
notification of the next of kin. The section begins Notification of next of kin in cases of death is one of the most difficult
tasks that a member of the Department can be called on to perform."
As you well know, each scene is different, with varying levels of chaos and confusion. Oftentimes family members appear
at the scene, and there is great potential for contamination of key evidence.
I believe these guidelines serve our department well, and that our officers perform under great tress in a manner which
displays the highest level of professionalism.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 61
NYSDOT Fillmore Avenue Rt. 33 On Ramp
The New York State Department of Transportation has granted design approval of the above project on March 30, 2006.
Design approval constitutes the Department of Transportation's final decision to proceed with the construction of the
project.
Design approval is based in part on the Final Design Report for PIN 5512.42 dated January 2006, and on the Federal
Highway Administration's "categorical exclusion with documentation" classification on November 21, 2005 in accordance
with the National Environmental Policy Act of 1969 as amended.
The approved design provides for permanent closure of the Fillmore Avenue On -Ramp to westbound NY Route 33
Kensington Expressway. Additional improvements which will be constructed under this project include:
Removing the existing Fillmore Ramp pavement structure and adding landscaping improvements.
Repaving Kensington Avenue between Fillmore Avenue and Grider Street.
Adding sidewalk curb ramps at intersections along Kensington Avenue between Fillmore
Avenue and Grider Street.
Improving the turning radius at the southeast corner of Fillmore Avenue and Kensington
Avenue.
Improving the turning radius at the southwest corner of Kensington Avenue and Grider Street. (This work will be
progressed under the City of Buffalo's Grider Street reconstruction project based on construction coordination and
scheduling considerations.)
Extending the Grider Street On -Ramp to Westbound NY Route 33 acceleration lane
length to current standards.
Improving signing on westbound NY Route 33 approaching the exit to NY Route 198.
Improving signing on NY Route 198 approaching the exit to eastbound NY Route 33. These improvements will include
flashing beacons warning motorists of the approaching curve.
The proposed improvements will be paid for with Federal and State Highway Improvement Funds. The estimated
construction cost for this project is $ 2.1 M. Construction is expected to begin in March of 2007 and be completed by
December of 2007.
All maps, drawings, sketches and other information concerning the approval is available for public inspection during
business hours at the office of the Regional Director, New York State Department of Transportation, 125 Main Street,
Buffalo, NY 14202.
RECEIVED AND FILED
NO. 62
Chapter 511 -Zoning Permit Requirement
Restricted Use Permit Human Services Ordinance
As a resident of the City of Buffalo and on behalf of the overwhelming majority of members of the Linwood Preservation
District and Friends Association (LPDF) we would like to see the reinstatement and implementation of the Restricted Use
Permit (commonly known as the Over Saturation Ordinance).
It is our request that at a minimum a moratorium on any new human services or otherwise be put in to place. Prior to this
Restrict Use Permit being passed or denied there is a immediate need for an accurate census to be provided to the
community, to Service Agencies and to the City of Buffalo that would not only describe what type of services, but how
many are being serviced, and where these services are currently being provided. Such a document would assist the
Agencies in focusing their efforts in areas that have a need for service and avoiding areas that are already being
adequately serviced. Only with such a document will neighborhoods, agencies and members of the offices issuing Permits
be able to intelligently protect against over saturation or assist in providing services to the community.
Until a documentation of existing service is provided the permanent reinstatement of the Restricted Use Permit will
be a significant assent to us all. It is our strong belief that our neighborhoods ability to function and our residential vitality
depend substantially on the control of excessive services in our communities. The Restricted Use Permit will enforce
Agencies to be responsible and accountable for a safe, well being and quality of life for their clients and for the
neighborhood that they are in. Listed below are just a few of the primary concerns of our existing residence
1. Increase of traffic
2. Inadequate parking
3. Noise
4. Litter
5. Hours of operation
6. Excessive pedestrian traffic
7. Decreased Property value
8. Loss of privet residence creation of Institutional element
9. Diminished quality of life
In the interest of protecting your constituents and the cities opportunity to grow and become a desirable place to live
we entrust you to not allow a single community to carry the full burden of an over saturated social service environment.
Over saturated creates a long term negative impact on a community and ultimately turns a highly desirable area a living
into an very undesirable place to be. Use this opportunity to recognized, considered and protect your proud tax paying
property owners homeowners of the City of Buffalo
We implore you to permanently instate an intelligent, well- defined and socially supported Restricted Use Permit. Help
your residence of this wonderful City of Buffalo to maintain a healthy, secure, and productive quality of life. In turn you will
be helping the Agencies to better serve their cause and their level of effectiveness. We thank you for your services and
trust you will represent us all with the best of interest in mind.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 63
Resolution 139 Amending Chapter 511
of the City of Buffalo Zoning Law
I attended the open meeting of the Buffalo Common Council Legislative Committee held on April 11, 2006 at 2:00 p.m.
The Chairman of that Committee, the Honorable Richard A. Fontana, graciously allowed me to speak briefly regarding the
problems associated with the proposed Amendment of Chapter 511 of the City of Buffalo Zoning Law as drafted by
William Berry, Esq. and submitted to the City Clerk by the Honorable Dominic Bonifacio, Jr. on April 6, 2006. 1 also was
able to hear Mr. Berry, a Buffalo Attorney, and his comments in support of the Amendment. Chairman Fontana requested
an amplification of my testimony in writing and this letter constitutes the same.
The original purpose of the City Ordinance was to balance the need for the services provided by human service
organizations against the constitutional property rights of neighborhood citizens to maintain an adequate quality of life. To
be sure the old law was a limiting of the use of land. All zoning regulations limit the use of land in one way or another.
Planning and zoning are essential to a viable city.
The proposed William Berry Amendment of the law (as will be explained below) effectively makes human service
organizations exempt from any zoning restrictions. This does not address the problem the original ordinance was
designed to correct. It magnifies that problem exponentially!
The proposed Amendment (which seems to have been written by an advocate for the human services organizations) does
not regulate those organizations in any effective way. Rather it eliminates any meaningful standard and arbitrarily sets a
standard which does not regulate at all. There is in this proposal a discussion of the definition of a neighborhood. In the
legislative comments associated with the proposed Amendment the drafter arbitrarily decides that a neighborhood should
be defined as the area within a one half mile of a proposed new facility. The drafter estimates that 2,000 to 4,000 people
would reside in that area. The drafter alleges that his goal is to keep the impact of human service organizations below five
percent. The author continues on to speak of a "tipping point" which is an acknowledgment that a concentration of these
facilities can have a negative effect and tip a neighborhood onto the downward slide.
Five percent of 2,000 would indicate to me that the studies referred to by the author would cap the number of people
residing in or being serviced by human service organizations in that area at 100 to 200 individuals. However, this is where
the author starts with apples and goes to oranges, the apples being the estimated population of 2,000 to 4,000 people,
and the oranges being the standard for regulation, which is not done on population but which is done on land use. This is
a logical disconnect which makes the law virtually meaningless.
To begin with, a parcel of land, as normally defined in the law, is not a standard unit of measurement. Any given parcel
may be several times the size of another parcel depending on the previous sub - divisions of the property, the
neighborhood, acquisitions and combination of property, or the prior granting of variances. So five percent of the parcels
of land in a. given area does not necessarily equate to five percent of the area. This is not an objective standard by
definition.
The more troubling difficulty with the proposed Amendment is that it merely restricts the number of parcels which can be
used by human service organizations in a given area. This is not a true measure of the effect of a human services facility
on this neighborhood. For example, a portion of an apartment complex sitting on one parcel of land might actually house
six different families. A single house would also sit on one parcel in the same area but might only house one person or
one family. For more theoretical examples of the problem of determining what effect if any a human service facility has
see Footnote 1.
The most damaging aspect of the proposed Amendment is that under Paragraph D the Zoning Board is required to
presume that a human service facility will not impact the character and nature of a given neighborhood if less than five
percent of the parcels within one half mile radius are devoted to the same type of land use (See Footnote 2). Under
Paragraph F the Zoning Board is required to grant any application submitted by human services organizations which does
not impact on the nature and character of a neighborhood.
The presumption is that the Zoning Board therefore has to grant any application from a human services organization in
any area of the City where they wish to set up shop if less than five percent of the parcels in a one half radius are used by
human service organizations. This grants human services organizations the presumed preference of being able to
establish their facilities at will whenever and where ever they desire.
If the City or a community were to try to rebut that presumption they would need the assistance of an attorney, a research
expert and probably somebody with urban planning experience. Even at that it is possible that the human services
organization could appeal any rejection by the Zoning Board directly to the New York State Supreme Court in an Article
78 proceeding. At that point when the Zoning Board entered in the Court they would be in the unenviable position of being
presumed by the Court to have wrongfully denied a human services organization application. This could be a real
nightmare for the Corporation Counsel's Office.
The author of the proposed Amendment does not offer any study or analysis of the dynamics of the City of Buffalo or its
neighborhoods. By using the standard of measurement of land use as defined by a percentage of property parcels, the
author has set a standard which theoretically might never be breached. The author does not state how many parcels he
assumes to be situate in any given one half mile radius, but empirically it seems to me that it would be difficult to measure
from any given point in a residential area any place in Buffalo and come anywhere near the five percent land usage
standard. Yet a previous Buffalo Common Council found that a disproportionate allocation of human services
organizations had been detrimental to certain neighborhoods.
The proposed Amendment states that its intent is to foster "communication and cooperation rather than confrontation..." In
point of fact it does not foster communication or cooperation. Rather it removes any reason for the human services
organization to communicate with or to compromise with their neighbors. It basically rubber stamps their application and
takes the zoning and use decision out of the hands of government officials and places it squarely in the hands of the
present executive of any given human service organization.
The draft Amendment cuts short the number of days a community organization would have to give input on any proposed
human service facility from 120 to 60. This shortening of the required period of notification is a slap in the face to every
block club and neighborhood organization who desires to have input on zoning issues. These are people who take an
interest in the quality of life in their neighborhoods. They do this on their own time, without a salary.
The draftsmanship of the entire proposed Amendment is weak. It is ambiguous and given to confusion. For example, the
plain meaning of Paragraph B using Common Laws of English Construction would indicate that the intent of that
Paragraph is to allow "places of worship, religious facilities, schools, dormitories, motels and rooming houses" to be able
to establish at will food pantries, soup kitchens, substance abuse or community or residential treatment facilities, etc., etc.,
etc. That may not have been the intent of the drafter. However, the sloppy wording of the proposed Amendment would
invite litigation and dissention.
If a restaurant wanted to open in the middle of a wholly residential area, that restaurant would have to apply for a
variance. The presumption would be in favor of upholding the Zoning Law. It would be upon the applicant to establish that
the restaurant would not negatively impact on the community. Why then should a food pantry run by a religious
organization have the preferential treatment of having a presumption that they are entitled to a variance.
It is well possible that a Court could interpret that the proposed Amendment defines what a negative impact on a
neighborhood would be. A Court could find that statutorily you have defined that impact as not existing if less than five
percent of the parcels are used for human services organizations. In that case, the neighbors would not be allowed to
discuss the parking situation, the flow of traffic and people, the noise which emanates from the soup kitchen, the trash, the
additional impact on the neighborhood infrastructure, the exhaust from cooking, or any of the other many potential
negatives associated with a food service business.
The Council has been warned by an advocate for the human services organizations that it is their belief that the old
statute violated constitutional restrictions against discriminating against a protected class of people or violated the
statutory restrictions of the Americans with Disabilities Act (See Footnote 3). Those arguments are totally fallacious. The
old law did not target any protected class of individuals, rather it targeted human services organizations.
Human services organizations do provide service to Americans with disability. Human services organizations may also
provide services to non - disabled persons such as: criminal felons paroled out of the penitentiary system; drug addicts who
wish to exchange their dirty hypodermic needles for clean hypodermic needles; drug addicts who are attempting to
address their addiction (not universally successfully) at methadone clinics; alcoholics whose mental capacity may be
diminished by the use of alcohol; individuals requiring supervised visitation with their children because a Court has
determined that they are not to be trusted alone with their own child; homeless people and many other groups.
The class of non - disabled persons who by statute do not fall under the Americans with Disabilities Act who receive
services from human service organizations is probably greater than the percentage who are disabled or whose infirmary is
listed in the category of the protected class of individuals as named in the Federal Statute.
All the old statute did was to regulate and zone where and how many human service organizations can be put into any
one area within the city.
To be sure the majority of services provided by human service organizations are valuable to Western New York at large.
However, it is a myth that the benefits they give come without a cost. It is a benefit to society when a person who has
been incarcerated in a violent state penal system is released to a controlled environment. Parole supervision is designed
to reintegrate the formerly confined criminal back into society in a controlled manner. Theoretically the parolee receives all
necessary assistance while society gains a measure of protection from the parolee's supervision.
When one looks at this situation honestly, with eyes open the negatives are obvious. Three of the most violent and
heinous rapes which have ever occurred in the City of Buffalo area have been perpetrated by recently released parolees.
You would be naive to believe that persons recently released from prison are not more likely to commit criminal acts. The
statistics demonstrate that recent parolees are much more likely to commit crimes than the average person. This means
in the extended neighborhood where a prison release half way house is located there will be an additional need for police
services, fire services and even sanitation services. There will be additional costs to the crime victims of the parole system
failures. This cost will be born inequitably by the random victims of crime. Often these victims are elderly, infirmed,
children or women. There are additional costs in lowered property values and a general lessening of the quality of life.
That lessening of the quality of
life might manifest itself in a way so that you no longer let your children play unobserved in the back yard. It might
manifest itself as you mandating that your child not walk to the store alone. Or maybe you only have to bring your porch
furniture in at night. These matters all tear at the fabric of the neighborhood.
Alcoholics and homeless people need assistance, but in areas where these people are concentrated there may be
increased public urination, parking problem, people rummaging through trash, or people harassing others. It is a noble
goal to try to protect drug addicts from communicable diseases such as hepatitis or HIV aids. Still if the needle exchange
programs or hypodermic needle cleaning education is housed in a given area, that area will have more crime, solicitation
for the sale of drugs to minors, prostitution, and health hazards from dirty discarded needles.
There is a hidden cost associated with the housing of human services organizations which is widely recognized in urban
planning studies. This cost is inequitably born by the city as opposed to the villages and towns in our county. This cost
has not been reimbursed by the citizens of the county outside of Buffalo who benefit from our hospitality towards these
facilities. There is also an unequal distribution of these facilities within Buffalo.
The new Byron Brown Administration of the City of Buffalo has made a commitment to reinvigorate the city, in part, by
addressing quality of life issues. Addressing those issues is a complicated matter and sometimes requires balancing and
consideration. These decisions are not decisions which can be made pursuant to a formula or by a machine. They require
the input of government, neighbors and human services organizations. If the city is to recover and if its citizens are to
have confidence in the character of their neighborhoods and the value of their property, they must have confidence that
they are protected by their zoning laws. There is an overall plan for the City of Buffalo, and any individual or entity which
wishes to vary from that plan should be required to establish legitimate, compelling reasons to change that plan and to
demonstrate how they will mitigate or eliminate any negative repercussions.
The 1995 (Chapter 511 -136) Law worked well for ten years without incident. The effective date and the expiration date
should be revised and the Law reinstated. There are plenty of broken things which need to be addressed in our City. This
law is not broken.
REFERRED TO THE COMMITTEE ON LEGISLATION.
Regular Committees
IdlJ /lN&I4NT /IN0
(Bonnie E. Russell, Chairperson)
No. 64
Appointment
Data Control Clerk (Inter) (Compt)
(Item No. 25 -April 18, 2006)
That Communication 25, April 18, 2006 be received and filed and the temporary appointment of Helen Miranda stated
above at the intermediate starting salary of $29,384.00 effective on April 18, 2006 is hereby approved.
PASSED
AYES — 9 NOES 0
NO. 65
Appointment
Senior Auditor (Compt)
(Item No. 26 -April 18, 2006)
That Communication 26, April 18, 2006 be received and filed and the temporary appointment of Monica Emminger stated
above at the intermediate starting salary of $40,328.00 effective on April 24, 2006 is hereby approved.
PASSED
AYES — 9 NOES — 0
NO. 66
Appointment
Computer Programmer (Inter #3) (MIS)
(Item No. 34 -April 18, 2006)
That Communication 34, April 18, 2006 be received and filed and the temporary appointment of Crystal McCrea (Smith)
stated above at the intermediate starting salary of $41,515.00 effective on April 24, 2006 is hereby approved.
PASSED
AYES — NOES — 0
NO. 67
Appointment
Supervisor of Street Sanitation I (Inter) (PW)
(Item No. 39 -April 18, 2006)
That Communication 39, April 18, 2006 be received and filed and the temporary appointment of Michael A. Krupp stated
above at the intermediate starting salary of $31,132.00 effective on April 3, 2006 is hereby approved.
PASSED
AYES — 9 NOES — 0
NO. 68
Notices of Appointment- Temp. /Prov. /Perm. (C. Clk.)
( #55,4/18)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 69
Budget and Personnel Amendment
55- Department of Community Services
1301 -Administrative
(Item No. 146, C.C.P., Apr. 4, 2006)
That the Budget and Personnel Amendment as contained in Item No. 146, C.C.P., April 4, 2006 be and the same hereby
is approved.
PASSED
AYES- 9 NOES — 0
FINANCE
BRIAN C DAVIS, CHAIRMAN
NO. 70
Unaccounted for Water Study (PW)
( #3 8,4/18)
That the above item be and the same hereby is referred to the Special Committee on Budget.
ADOPTED
NO. 71
PERMISSION TO PURCHASE USED UNMARKED VEHICLES (POLICE)
(ITEM NO. 40, C.C.P., APR. 18, 2006)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Davis moved:
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 72
RESPONSE -COB AUDIT & AUDIT REPORT FOLLOW -UP (BD. ED.)
( #51,4/18)
That the above item be and the same hereby is referred to the Special Committee on Budget.
ADOPTED.
NO.73
TAX RELIEF TO OWNER OCCUPIED NON - HOMESTEAD PROPERTIES (ASSESS /TAX)
( #19,3/21)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 74
BD. OF ED. AUDIT -JULY 1, 2003 TO DECEMBER 31, 2005 (COMPT.)
( #15,3/21)
That the above item be and the same hereby is referred to the Special Committee on Budget.
ADOPTED.
NO. 75
BD. OF ED. AUDIT -AUDIT FOLLOW -UP (COMPT.)
( #16,3/21)
That the above item be and the same hereby is referred to the Special Committee on Budget.
ADOPTED.
NO. 76
PERM. TO PURCHASE UNMARKED VEHICLES (POL)
( #29,4/4)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 77
B. DAVIS -D. JOHNSON -BFSA- VACANT SPACE FOR BFSA IN COUNTY HALL
(#49,3/21)
That the above item be and the same hereby is received and filed.
ADOPTED
LEGISLATION
(RICHARD A. FONTANA, CHAIRMAN)
NO. 78
RENAMING THE OLD NORTH JEFFERSON BRANCH LIBRARY THE HON. BEVERLY A. GRAY
EMPOWERMENT CENTER (HRG. 5/2)
CCP #197 -APRIL 18, 2006
That the above item be and the same is returned to the Common Council without recommendation.
A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above
item, and a Notice of same has been published in the Buffalo News for two consecutive weeks, a copy of which is
attached hereto.
On a motion by Mr. Bonifacio, seconded by Mr. Thompson, the item is properly before the Common Council,
and the hearing is opened.
CARRIED
Appearances -
In Favor: A. Thompson, R. Fontana, B. Davis, Betty Jean Grant, Fmr. University Councilmember; Wayne Terry, Relative;
Gwen Neal.
Mr. Bonifacio moved that the hearing be closed. Seconded by Mr. Davis.
CARRIED.
Mr. Fontana moved:
That the Common Council does hereby rename the North Jefferson Branch Library as the Honorable Beverly A. Gray
Empowerment Center in honor and in memory of her accomplishments, with conditions as set by the Department of
Public Works and the Office of Strategic Planning.
PASSED
AYES -9. NOES -0.
(Mr. Davis requested that all Councilmembers be recorded in the original resolution.
Seconded by Mr. Thompson
ADOPTED)
NO. 79
M. GOLDMAN, PETITION TO USE 244 ALLEN STREET - SIDEWALK CAFE
(ITEM NO. 68, C.C.P., APR. 18, 2006)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Fontana moved:
That the above item be recommitted to the Committee on Legislation.
ADOPTED.
NO. 80
D. CARR, PETITION TO USE 16 WOODLAWN - PARKING LOT
(ITEM NO. 69, C.C.P., APR. 18, 2006)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Fontana moved:
That the petition of D. Carr, agent, for permission to use 16 Woodlawn for a parking lot be, and hereby is approved.
PASSED.
AYES -9. NOES -0.
NO. 81
D. WILCOX, PETITION TO USE 827 TONAWANDA- ILLUMINATED POLE SIGN
(ITEM NO. 70, C.C.P., APR. 18, 2006)
That the petition of D. Wilcox, Agent, for permission to use 827 Tonawanda Street for an illuminated pole sign 5'
x 10" by 20' high to read "Dollar General ", be and hereby is recommitted to the Committee on Legislation.
ADOPTED.
NO. 82
D. MIKA, PETITION TO USE 364 CONNECTICUT - GROUND SIGN
(ITEM NO. 71, C.C.P., APR. 18, 2006)
That the petition of D. Mika, agent, for permission to use 364 Connecticut Street for a ground sign to the front of
a one story masonry and steel bank be, and hereby is approved.
PASSED.
AYES -9. NOES -0.
NO. 83
J. CHILDS, PETITION TO USE 900 MAIN STREET - OUTDOOR CARE
(ITEM NO. 91, C.C.P., APR. 18, 2006)
That the petition of J. Childs, owner, for permission to use 900 Main Street for an added use of an outdoor cafe to an
existing restaurant, be, and hereby is recommitted to the Committee on Legislation.
ADOPTED.
NO. 84
NOTIFICATION SERIAL # 10102, REPEAL ONE -WAY STREET DIRECTION WEST PARADE AVENUE —
SOUTHBOUND FROM DODGE TO BEST STREETS
(ITEM NO. 35, C.C.P., APR. 18, 2006)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Fontana moved:
That pursuant to Section 49 of Chapter 479 of the Code of the City of Buffalo, the changes to the traffic
ordinances is hereby received and filed and waive 45 days.
ADOPTED.
NO. 85
ORDINANCE AMENDMENT - CHAPTER 154 — DISCRIMINATION
(ITEM NO. 123, C.C.P., APR. 18, 2006)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Fontana moved:
That after the hearing before the Committee on Legislation on April 25, 2006, the Ordinance Amendment as
contained in Item No. 123, C.C.P., April 18, 2006, be and the same hereby is approved.
ADOPTED.
AYES- BONIFACIO, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO -5
NOES- DAVIS, FONTANA, RUSSELL, THOMPSON -4.
NO. 86
ORD. AMEND.- CHAPTER 154 - DISCRIMINATION (EXEMPT DOUBLES -NO RIGHT TO SUE)
(# 124,4/18)
That the above item be and the same hereby is received and filed.
ADOPTED.
AYES- BONIFACIO, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO -5.
NOES - DAVIS, FONTANA, RUSSELL, THOMPSON -4
NO. 87
ORDINANCE AMENDMENT - CHAPTER 154 - DISCRIMINATION (2 EXEMPTIONS)
(ITEM NO. 125, C.C.P., APR. 18, 2006)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Fontana moved:
That after the hearing before the Committee on Legislation on April 25, 2006, the Ordinance Amendment as
contained in Item No. 125, C.C.P., April 18, 2006, be and the same hereby is approved.
PASSED.
AYES - DAVIS, FONTANA, LOCURTO, RUSSELL, THOMPSON -5.
NOES- BONIFACIO, FRANCZYK, GOLOMBEK, KEARNS -4.
NO. 88
ORD. AMEND.- CHAPTER 154 - DISCRIMINATION (EXEMPT TRIPLES -NO RIGHT TO SUE)
( #126,4/18)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 89
RESTAURANT DANCING CLASS III - 248 ALLEN STREET
(ITEM NO. 41, C.C.P., APR. 4, 2006)
(ITEM NO. 99, C.C.P., APR. 18, 2006)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Fontana moved:
That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and
Inspections Services be, and he hereby is authorized to grant a Restaurant Dancing Class III License to David Putnam,
d /b /a McGarrets, located at 946 Elmwood Avenue.
PASSED.
AYES -9. NOES -0.
NO. 90
SCRAP PROCESSOR -41 HANNAH
(ITEM NO. 46, C.C.P., APR. 18, 2006)
That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and
Inspections Services be, and he hereby is authorized to grant a Scrap Processor to Michael Diamond d /b /a Alliance Auto
Recycling LLC located at 41 Hannah.
PASSED.
AYES -9. NOES -0.
NO. 91
SECOND HAND DEALER -999 BROADWAY (FILLMORE) (ECPI)
( #47,4/18)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 92
L. MITCHELL - BICYCLE /PEDESTRIAN ADVISORY BOARD
( #62,4/18)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 93
TRAILBLAZER REQUEST FOR ELIM CHRISTIAN FELLOWSHIP
(ITEM NO. 130, C.C.P., APR. 18, 2006)
That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to install trailblazing
signs beneath the existing street signs on Chalmers Avenue & Fillmore Avenue and Chalmers & Holden Avenues
proclaiming that portion as "ELIM Christian Fellowship Church."
PASSED.
AYES -9. NOES -0.
NO. 94
ORD. AMEND.- CHAPTER 96,BONDS AND CONTRACTS
( #149,4/4)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 95
NOTIFICATION SERIAL #10061, 62, 65, 66 INSTALL PERMISSIVE PARKING ON ELMWOOD AVE., ETC.
(ITEM NO. 15, C.C.P., APR. 4, 2006)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Fontana moved:
That pursuant to Section 49 of Chapter 479 of the Code of the City of Buffalo, the changes to the traffic
ordinances is hereby received and filed and waive 45 days.
ADOPTED.
NO. 96
FOOD STORE LICENSE - 900 MAIN STREET
(ITEM NO. 41, C.C.P., OCT. 18, 2005)
(ITEM NO. 105, C.C.P., MAR. 21, 2006)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Fontana moved:
That the above item be and the same hereby is recommitted to the Committee on Legislation.
ADOPTED.
NO. 97
FOOD STORE LICENSE - 243 WALDEN AVENUE
(ITEM NO. 40, C.C.P., APR. 4, 2006)
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit &
Inspection Services be, and he hereby is authorized to grant a Food Store License to Abdo Nagi located at 243 Walden
Avenue.
PASSED.
AYES -9. NOES -0.
NO. 98
WHOLESALE JUNK DEALER -41 HANNAH (FILLMORE)
(#46,4/4)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 99
PASTOR F. GELSEY SR. - REQUEST CHANGE OF PARKING - N. BROADWAY BETWEEN 938 -950 BROADWAY
(ITEM NO. 68, C.C.P., APR. 4, 2006)
That the Commissioner of Public Works, Parks & Streets be, and he hereby is requested to review changing parking on
North Broadway between 938 -950 Broadway and report back to the Common Council.
ADOPTED
COMMUNITY DEVELOPMENT
(JOSEPH GOLOMBEK JR., CHAIRMAN)
NO. 100
LDA -SALE OF 29 NORTHAMPTON ST. -BURA TO ARTSPACE AFFORDABLE FAMILY HOUSING CORP.
(HRG. 5/2) (CCP #1- 14/18/06)
That the above item be and the same is returned to the Common Council without recommendation.
RECOMMENDED BY THE COMMITTEE ON COMMUNITY DEVELOPMENT. Joseph Golombek
A public hearing has been set, before the Common Council, at this published regularly scheduled meeting, on the above
item, and a Notice of same has been 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 Lou Petrucci, BURA
B. Davis
Mr. Bonifacio now moved that the hearing be closed. Seconded BY Mr. Davis
CARRIED
That the Common Council does hereby designate ARTSPACE AFFORDABLE
FAMILY DEVELOPMENT FUND CORP. and /or other legal entity to be formed as the qualified and eligible Redeveloper
by the Buffalo Urban Renewal Agency for 29 Northampton Street. That the Mayor or any officer of the Buffalo Urban
Renewal Agency is authorized to execute any and all deeds or other documents necessary to convey land described in
the proposed "Land Disposition Agreement' to ARTSPACE AFFORDABLE FAMILY HOUSING DEVELOPMENT CORP.
and /or other legal entity to be formed in accordance with the terms of said Agreement and for the consideration therein.
PASSED
AYES - 9 NOES -0
NO. 101
RESULTS OF NEGOTIATIONS - 373 CARLTON
(ITEM NO. 8, C.C.P., 4/18/06)
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 and the same hereby is recommitted to the Committee on Community Development
ADOPTED
NO. 102
RESULTS OF NEGOTIATIONS - 21 GARNER
(ITEM NO. 9, C.C.P., 4/18/06)
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 and the same hereby is recommitted to the Committee on Community Development
ADOPTED
NO. 103
RESULTS OF NEGOTIATIONS - 21 TOWNSEND
(ITEM NO. 11, C.C.P., 4/18/06)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That the offer from Mr. Loren Crowden, residing at 8445 North Main Street, Eden, in the sum of one thousand and four
hundred dollars ($1,400.00) for the purchase of 21 Townsend, be and hereby is accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES - 9 NOES -0
NO. 104
RESULTS OF NEGOTIATIONS- 207 CHANDLER
(ITEM NO. 15, C.C.P., 4/18/06)
That the offer from Joseph Kapitany and Melissa Italia, owners of KAPS Construction, 98 Ontario, in the sum of twenty -
five thousand dollars ($25,000.00) for the purchase of 207 Chandler, be and hereby is accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES - 9 NOES -0
NO. 105
878 MAIN ST. REDEVELOPMENT (STRAT. PLAN.)
( #16,4/18)
That the above item be and the same hereby is received and filed.
ADOPTED
SPECIAL COMMITTEES
WATERFRONT DEVELOPMENT
MICHAEL R KEARNS
CHAIRMAN
NO. 106
P. HINCHEY -OUTER HARBOR DEV. PLAN. (STRAT. PLAN.)
( #10,3/21)
That the above item be and the same here is recommitted to the special Committee on Waterfront Development
ADOPTED
NO. 107
ERIE CANAL HARBOR DEVELOPMENT CORPORATION - COMMON COUNCIL REPRESENTATION
(ITEM NO. 144, C.C.P., APR. 4, 2006)
That the Common Council requests the Erie Canal Harbor Development Corporation to consider placing a representative
from the Common Council on their Board of Directors.
ADOPTED
NO. 108
C. ROSENOW -ERIE CANAL HARBOR DEV. CORP.- COUNCIL REP. ON EC HARBOR DEV. CORP.
( #66,4/18)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 109
NEW YORK POWER AUTHORITY (EC. DEV. /PERM. & INSP.)
( #29,1/24)
That the above item be and the same hereby is received and filed.
ADOPTED
RESOLUTIONS
NO. 110
BY: MR. BONIFACIO
CO- SPONSOR(S): MR. GOLOMBEK MR. THOMPSON
RE: REQUESTING NEW YORK STATE TO AMEND THE HUMAN RIGHTS LAW BY DISCRIMINATION AGAINST
TRANSGENDERED INDIVIDUALS
Whereas: Federal & New York State Housing Discrimination Laws currently protect the rights of most citizens' access
to equal housing opportunities. Laws prohibit discrimination based on race, creed, color, disability, national origin, sexual
orientation, military status, age, sex, marital status or family status; and
Whereas: The New York State Human Rights Law does not include any provision for protecting against the discrimination
of Transgenderd individuals, often referred to as Gender Identity & Expression; and
Whereas: Gender Identity & Expression is defined as a person's actual or perceived gender, as well as a person's gender
identity, self- image, appearance, expression or behavior, whether or not that gender identity, self- image, appearance,
expression or behavior is different than that traditionally associated with the person's sex birth; and
Whereas: The Buffalo Common Council is sensitive to housing discrimination Concerns and to protect the rights of
transgender individuals is calling for New York State to amend the State Human Rights Law to include Gender Identity
and Expression as defined above, as prohibited to discriminate against;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo does hereby request an amendment to the New York State Human Rights
Law to include Gender Identity and Expression as a class of which discrimination is prohibited. Gender Identity and
Expression as defined by a person's actual or perceived gender, as well as a person's gender identity, self- image,
appearance, expression or behavior, whether or not that gender identity, self- image, appearance, expression or behavior
is different than that traditionally associated with the person's sex birth; and
Now, Therefore, Be It Further Resolved:
That the Common Council of the City of Buffalo does hereby request that certified copies of this resolution be sent to the
George Pataki, Governor of New York; New York State Senate Majority Leader Joseph Bruno; Assembly Speaker
Sheldon Silver; the Western New York Delegation; the City of Buffalo Fair Housing Office and Housing Opportunities
Made Equal.
PASSED
AYES - 9 NOES -0
NO. 111
BY: MR. BONIFACIO
CITY OF BUFFALO
LOCAL LAW NO. (2006) INTRODUCTORY NO. 12 (2006)
A LOCAL LAW AMENDING THE CHARTER OF THE CITY OF BUFFALO IN RELATION TO THE DEPARTMENT
OF ECONOMIC DEVELOPMENT AND PERMIT AND INSPECTION SERVICES
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That Article 17 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows:
Article 17 Department of Economic Development and Permit and Inspection Services
§17 -1 Commissioner of the Department of Economic Development and Permit and Inspection Services; Appointment and
Qualifications.
The commissioner of the department of economic development and permit and inspection services shall be the head of
the department of economic development and permit and inspection services, and shall be a person with (i) demonstrated
executive and administrative ability and experience in construction and /or real estate development, which shall include at
least three (3) years experience in the administration of building, housing or property code inspection and enforcement
activities or (ii) substantially equivalent qualifications that are acceptable to the mayor. The commissioner shall be
appointed by the mayor, subject to confirmation by council and shall be removable at the pleasure of the mayor.
§ 17 -2. Commissioner of the Department of Economic Development and Permit and Inspection Services; Duties and
Powers.
The commissioner of the department of economic development and permit and inspection services shall:
(a) Supervise, manage and be responsible for the affairs of the department of economic development and permit and
inspection services, including all matters related to permits and inspections, housing, and demolitions. The commissioner
shall lead a customer - focused department to encourage and facilitate private development within the city. For purposes of
this article, the term "permit" shall be deemed to include a license, unless otherwise indicated by the context;
(b) Have charge of all applications to the city or its departments, officers or agencies for permits for the construction or
remodeling of all non - public buildings or other structures within the city, including without limitation, the review of all plans
and designs. The commissioner shall have charge of all other permits and all inspections for which he is made
responsible by this charter, the city code, or any statute, local law or ordinance. The commissioner shall be responsible for
all property code enforcement programs, including housing code violations and matters relating to multiple dwellings;
plumbing, electrical and combustion inspections; and bingo games and premises inspections;
(c) Develop and implement a unified, streamlined system for the review and processing ofal1 applications for the
construction or remodeling of all buildings or other structures within the city utilizing, where practicable and appropriate,
the best practices of municipalities throughout the United States;
(d) Appoint, and at pleasure may remove, a deputy commissioner of permit and inspection services;
(e) Have charge of all demolition work;
(f) Represent the city in all housing court proceedings;
(g) Responsible for the coordination and development of the economic development initiatives of the City.
(h) Perform the duties of administering and enforcing the provisions of the zoning chapter of the city code, including
granting permits and certificates of occupancy and conducting all inspections required by that charter;
(i) Have charge of issuing, transferring, renewing, revoking, suspending and canceling all licenses and permits, the
collection of fees and the coordination of necessary inspections in connection therewith[;] and may designate an
Administrative Law Judge, who shall be an attorney admitted to practice in the State of New York for at least three (3)
years, to administer hearings related to the issuing, transferring, renewing, revoking, suspending and canceling of
licenses, and recommend to the Commissioner of Economic Development and
Permit and Inspection Services whether a license should be revoked, suspended, or renewal thereof refused, after notice
and hearing.
Q) Oversee all housing and building construction and rehabilitation, code enforcement and rehabilitation assistance.
(k) Direct or cause to be tom down, blown up or otherwise destroyed on an emergency basis, any building or buildings
which he or she deems to be an immediate threat to the health, welfare and safety to the public;
(1) Exercise such other powers and perform such other duties as may be conferred or imposed upon him by this charter,
as the same may be amended from time to time, by the mayor or by any general law, local law, ordinance or federal or
state law.
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
Corporation Counsel
NOTE: Matter underlined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL
NO. 112
SPONSOR: MR. BONIFAEIO
MEMORIALIZE THE NYS LEGISLATURE TO AMEND BUDGET BILL S -6466C AND A -9666B
Whereas: The City of Buffalo continues to aggressively rebuild and reengineer its operational and fiscal condition with the
assistance of the Buffalo Fiscal Stability Authority (BFSA), the City's employees and elected and appointed leaders, and
our elected representatives at the State level in Albany, /NY; and
Whereas: These efforts are evidenced by measures such as imposition of a wage freeze and fiscal oversight by the
BFSA, collective bargaining agreement givebacks, and additional Aid from the New York State; and
Whereas: These combined efforts have resulted in the City achieving a leaner approach to the delivery of government
services and the establishment of a Fund Balance that is in accord with Governmental Accounting and Financial
profession recommendations; and
Whereas: The Governor of NYS has through his Aid Initiatives to Municipalities (AIM) Program, earmarked approximately
$12.7 million dollars of additional aid for the City of Buffalo for performance improving initiatives and programs; and
Whereas: The current legislative language to provide AIM funding in Budget Bill S -6456C and A- 955613 is both unfair and
a disservice to Buffalo and other Cities with NYS empowered Fiscal Stability Authorities. The legislation requires the
authorized funding to ha intercepted by / paid to the respective FSA rather than direct payment to the respective City. For
Buffalo, the legislation would require that the authorized funding be paid to the BFSA and utilized to reduce the City's real
property tax burden and /or authority borrowings; and
Whereas: Cities without Fiscal Stability Authorities do not need to comply with the onerous burdens of Aid intercept and
property tax reduction and are free (within the parameters of the governing Legislation) to apply AIM funding to initiatives
to improve overall local government service delivery in areas other than property tax reduction; and
Now Therefore Be It Resolved:
That this Common Council as the elected representative of the citizens and taxpayers of the City of Buffalo, hereby thanks
the Governor and the Legislature for their foresight in creating initiatives to reduce the cost of the delivery of local
governmental services; and
Be It Further Resolved:
That this Common Council implores our New York State elected leaders to amend the current legislation before them S-
6456C and A- 95568, in a manner that would eliminate the onerous burden of mandating that such aid be utilized by Cities
with state empowered Fiscal Stability Authorities differently than cities without such Authorities, given the need for Cities
with such authorities to utilize aid in a manner that is consistent with their Authority Approved Four -Year Financial Plan.
Be It Finally Resolved:
That copies of this resolution be forwarded to Governor George Pataki, Senate Majority Leader Joseph Bruno, Assembly
Speaker Sheldon, Silver Members of the WNY State Delegation and Mayor Byron Brown.
ADOPTED
NO. 113
BY: MR. BONIFACIO
RE: ORDINANCE AMENDMENT CHAPTER 194, FOOD STORES
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 194 of the Code of the City of Buffalo be amended to read as follows:
§ 194 -7. Revocation, suspension or nonrenewal of license.
The license of any person, firm, corporation or other entity granted under this chapter may be revoked [or]— suspended or
not renewed by the[Department]
• Commissioner of Economic Development and Permit and Inspection Services upon determination by the Department,
after notice and hearing that the applicant and /or licensee does not meet the requirements of State law, or the Charter
and Code of the City of Buffalo for such license, or such applicant and /or licensee has not operated in compliance with
such requirements. A license for a food store may not be renewed if, after notice and hearing, it has been determined that
a food store owner /operator has not "operated such food store in compliance with this chapter or other applicable laws
and codes. Such nonrenewal shall be issued in writing and may be appealed pursuant to Article 78 of the Civil Procedure
Law and Rules. The Commissioner of Economic Development and Permit and Inspection Services may designate an
Administrative Law Judge, who shall be an attorney admitted to practice in the State of New York for at least three (3)
, /ears, to administer hearings held pursuant to this chapter. Said Administrative .Law Judge shall recommend to the
Commissioner of the Department of Economic Development and Permit and Inspection Services whether a license should
be revoked, 'suspended, or renewal thereof refused, after notice and hearing_
APPROVED AS TO FORM
NOTE: Matter underlined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION
BY: BRIAN C. DAVIS
NO. 114
NLrill.1-11[ Q011111t : /9RH- 1.9kiIkiI4:4ae]klikiI /ilICIM MM&I IN4=11I
Whereas: Hispanic Apostolate would like to hang a banner on Niagara Street between Hudson Street and Pennsylvania
Street to advertise the Catholic Conference to be held on June 15, 2006 through June 18, 2006; and
Whereas: Hispanic Apostolate has requested that said banner be displayed from Monday, May 15, 2006 through
Tuesday, June 20, 2006; and
Now Therefore Be It Resolved That:
The Common Council of the City of Buffalo grants permission to Hispanic Apostolate to display a banner for
advertisement of the Catholic Conference.
Be It Further Resolved That:
Hispanic Apostolate will purchase the necessary bond before the banner is hung. Said banner shall meet all the
requirements of pertinent City Department's and no existing laws should be violated.
Brian C. Davis
NO. 116
BY: MR. DAVIS
SENECA NATION GAMING CORPORATION
Whereas: The Seneca Nation of Indians has recently acquired nine acres of its ancestral territory within the Buffalo City
limits for purposes of developing a Casino and hotel; and
Whereas: The City of Buffalo Common Council desires a strong and productive working relationship with the
Seneca Nation as it embarks on its Development plans; and
Whereas: In recent days various actions and comments by the Common Council and its members have not well
served the efforts of promoting a positive relationship with the Seneca Nation.
Now, Therefore, Be It Resolved:
That the Common Council supports the efforts of the Seneca Nation and its Seneca Gaming Corporation to develop a
casino and hotel within the nine acres of land that the Nation has recently acquired within the City of Buffalo; and
Now, Therefore, Be It Further Resolved:
That the Common Council understands, on the basis of representations made by Seneca Nation President Barry E.
Snyder, Sr. to U.S. Representative Brian Higgins, that the Nation has now acquired all of the land necessary for casino
development purposes in the City of Buffalo; and
Now, Therefore Be It Further Resolved:
That the Common Council supports the request by the Seneca Nation and the Seneca Gaming Corporation for
infrastructure needs associated with the development of the casino and hotel, recognizing that the cost of such
improvements shall be paid out of the approximate $44 million within the New York State allocated Adelphia dollars; and
Now, Therefore Be it Finally Resolved:
That the Common Council President is directed to send a letter of invitation to President Snyder and the Seneca Nation
Council inviting them to meet and discuss matters of mutual concern at their earliest convenience.
Mr. Bonifacio made a motion to Adopt 2 nd & 4 h Resolve and remainder to the Committee on Community Development,
Seconded by Mr. Davis
AYES — BONIFACIO, DAVIS, FRANCZYK, THOMPSON - 4 NOES — FONTANA, GOLOMBEK, KEARNS, LOCURTO,
RUSSELL — 5
LOST
Mr. Bonifacio rescinded his motion and referred the item to the Committee on Community Development
AYES — BONIFACIO, DAVIS, FONTANA, FRANCZYK, KEARNS, RUSSELL, THOMPSON - 7 NOES — GOLOMBEK,
LOCURTO -2
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 116
BY: BRIAN C. DAVIS
TRAILBLAZING SIGNAGE FOR TIMON STREET AS "EDWARD CATO GAYLES II WAY"
Whereas: Edward Cato Gayles II was born December 11, 1907 in Forkland, Alabama. In 1921 he moved to Buffalo,
New York and Bethlehem Steel Plant as a steel chipper for forty -five years; and
Whereas: Edward Cato Gayles II is the father of seventeen sons and daughters whom contributed their lives in singing
as a family, thus creating the "Gayles Family Singers "; and
Whereas: For all of his contributions, commitment and dedication to both his family and community it is fitting to honor
Edward Cato Gayles 11 for his faithful service; and
Whereas: A check in the amount of $227.00 has been forwarded to the City of Buffalo Traffic Engineering Department,
the cost associated with the installation of two trailblazing signs.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo approves the installation of two trailblazing signs, proclaiming Timon
Street, at the comers of Timon & Best Streets and Timon & High Streets, as "Edward Cato Gayles II Way "; and
Be It Further Resolved:
That this Common Council requests that the Department of Public Works install two trailblazing signs that read "Edward
Cato Gayles II Way" on Timon Street, at the corners of Timon & Best Streets and Timon & High Streets.
REFERRED TO THE COMMITTEE ON LEGISLATION THE COMMISSIONER OF PUBLIC WORKS, PARKS AND
STREETS
NO. 117
BY: MR. FONTANA
CO- SPONSOR(S): MR. KEAMS
COUNCIL OVERSIGHT ON CONTRACTS
Whereas: Currently NYS General Municipal Law requires that all contracts for public improvements over $20,000 and
purchase contracts for $10,000 and over be competitively bid. Once bids are accepted, they are sent to the Common
Council for approval based upon the lowest responsible bidder; and
Whereas: Professional service contracts are not subject to the same procedures under the NYS General Municipal Law;
mid
Whereas: Under current procedures, the Common Council approves yearly dollar totals for professional service contracts,
but not individual professional service contracts; and
Whereas: In this current year's budget, there is $887,370 in Engineer & Technical Services lines throughout the budget;
and
Whereas: These professional service contracts are let without any Common Council oversight; and
Whereas: Those contracts that are let for less than $50,000 have no BFSA oversight as well; and
Whereas: The Common Council wishes to instill a greater sense of accountability within the City's budgetary lines; and
Now, Therefore, Be It Resolved:
That the Law Department draft legislation requiring the Common Council to approve all professional service contracts
within the Common Council purview; and
Now, Therefore, Be It Further Resolved:
That a copy of this resolution be sent to the Law Department; and
Now, Therefore, Be It Finally Resolved:
That this item be sent to the Legislation Committee.
ADOPT 1 ST RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE LEGISLATION AND THE CORPORATION
COUNSEL
NO. 118
BY: MR. KEARNS, MR. FONTANA, MR. LOCURTO
FLOOD ZONE CLASSIFICATION FEE
Whereas The residents of South Buffalo and Kaisertown are financially burdened by mortgage holder requirements that
they purchase costly and often unnecessary flood insurance; and
Whereas Flood zone classifications stipulate that those properties identified as being located within Zone AE, the "100 -
year flood plain," have a 1 % chance of flooding annually while those identified as within Zone X, the "500 -year flood
plain," have a .02% chance of flooding annually; and
Whereas The City of Buffalo Survey Office investigates properties for those purchasing land in Zone X to determine their
appropriate flood zone classification; and
Whereas These Survey Office determinations are required as proof by mortgage holders that a property is not located
within the 100 -year floodplain; and
Whereas In addition to the significant cost of flood - insurance premiums on those owning property within Zone AE, those
owning property within Zone X are also burdened with a $45 fee by the City of Buffalo for a letter certifying that their
property is outside Zone AE; and
Now, Therefore, Be It Resolved:
That the City of Buffalo eliminates this unnecessary and onerous fee for purchasers of property located in Zone X as it lies
outside of the of the 100- year flood plain.
Now, Therefore, Be It Finally Resolved:
That the City of Buffalo send copies of this resolution to the Department of Public Works, Division of Engineering,
Administration and Finance, Law Department and Audit and Control.
ADOPTED
NO. 119
SPONSORS MR. KEARNS, MR. FONTANA, MR. FRANCZYK, MR. LOCURTO
IMPLEMENTATION OF SMARTCODE IN THE CITY OF BUFFALO
Whereas The City of Buffalo is in a worldwide competition to attract and retain talented people as a global economy puts
greater pressure on cities to restore their urbanism, vitality, and sense of place; and
Whereas "Placemaking" has become an essential economic development tool that must be addressed by unified
development codes embracing good urban design and walkable, mixed -use neighborhoods; and
Whereas Conventional suburban development has continued to erode civic value in neighborhoods throughout Buffalo by
promoting automobile- focused sprawl over urban density, walkability, and long term economic growth; and
Whereas It is widely accepted that urban character and sense of place is the reason many neighborhoods in Buffalo are
enjoying greater private- sector investment; and
Whereas The City must streamline the development permitting process through codes that are simple to administer, easy
to understand, and provide predictability and clarity for citizens and investors alike; and
Whereas The City of Buffalo's Zoning Ordinance, enacted in 1951, largely overlooks the City's need for mixed uses and
sound urban design in responding to the demands of a knowledge -based 21 st century economy; and
Whereas The City of Buffalo Comprehensive Plan already calls for a revised zoning code that reflects Smart Growth and
traditional neighborhood design. It states:
"The Comprehensive Plan also needs a revised zoning ordinance to give it full effect. Such an ordinance must reflect the
Comprehensive Plan and its Smart Growth principles. As such, it can provide the measure of predictability and certainty
that both investors and citizens require. Without a companion- zoning ordinance the Comprehensive Plan will lack the
enforceability that will make it credible and achievable ....
Revised zoning categories and districts and a revised zoning map to reflect and support the Comprehensive Plan and the
principles of Smart Growth should be prepared by the Office of Strategic Planning (OSP) as soon as possible. It will be
one of the City's principal tools for implementing the Plan." (p.58); and
Whereas Cities across the country, including Chicago, Milwaukee, Nashville, and Montgomery, AL, are already witnessing
demonstrated economic growth attributed to the adoption of streamlined, form -based codes; and
Whereas The Smartcode, devised by renowned planning firm Duany Plater - Zyberk, is the most comprehensive and
locally - adaptable form based code developed to date; and
Whereas The Smartcode is the first planning tool that integrates land use, urban form, and streetscape to frame
predictable rules for vital, walkable places that provide investors with an inviting and stable investment environment; and
Whereas The Smartcode is designed to codify the city's vision for future development into law, assuring that good plans
no longer collect dust on City Hall shelves, but are finally implemented as a matter of enforceable policy; and
Whereas The city's continued population loss and economic stagnation make a strong case for new ways of thinking
about how to attract investment, create jobs, and uplift the prospects of every city neighborhood; and
Now Therefore Be It Resolved:
That this Honorable Body endorses the implementation of the Smartcode in the City of Buffalo; and
Now Therefore Be It Resolved:
That this Honorable Body announces its support of the upcoming citizen - organized Smartcode 101 Conference as one of
the first stages in the local calibration and implementation of the Smartcode in the City of Buffalo; and
Now Therefore Be It Resolved:
That this Honorable Body calls upon the Office of Strategic Planning to initiate the necessary steps to implement the
Smartcode in the City of Buffalo as a key component in implementing the Comprehensive Plan; and
Now Therefore Be It Finally Resolved:
That the City Clerk's Office send certified copies of this resolution to the Mayor's Office, the Office of Strategic Planning,
the Department of Economic Development, Permits and Inspection Services, and the Corporation Counsel.
ADOPT FINAL RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 120
BY: MR. KEARNS AND MR. GOLOMBEK
RE: ORDINANCE AMENDMENT
CHAPTER 437, TAXICABS AND LIVERIES
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 437 of the Code of the City of Buffalo be amended to read as follows:
§ 437 -15. [Reduced rates.
Any person desiring to charge rates less than the rates stated in § 437 -14 shall be permitted to do so; but before charging
such lesser rates, the schedule to be charged shall be filed with the Commissioner of Permit and Inspection Services and
the Commissioner of Police 15 days before such rates are put into effect, and a copy of such rates shall be prominently
displayed in each vehicle in which such rates are to be charged.]
APPROVED AS TO FORM
Corporation Counsel
NOTE: Matter underlined is
new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS AND THE
CORPORATION COUNSEL
NO. 121
By: Mr. LoCurto
Permission to Hang "The Hellenic Festival" Banner.
Whereas: The Greek Orthodox Church is celebrating its Annual "Hellenic Festival "; and
Whereas: Representatives from the Greek Orthodox Church of the Annunciation have requested permission to utilize two
trees to hang the banner across Delaware Avenue in front of the Greek Orthodox Church of the Annunciation, located at
146 West Utica from Tuesday, May 3, 2006 through Monday June 5, 2006 in celebration of this event; and
Whereas: The Greek Orthodox Church of the Annunciation representatives are familiar with the banner requirements and
will purchase the necessary bond before the banner is installed;
Now Therefore Be It Resolved:
That the Common Council does hereby grant permission to the Greek Orthodox Church of the Annunciation to hang a
banner celebrating their Annual Hellenic Festival on Delaware Avenue in front of the Greek Orthodox Church of the
Annunciation, located at 146 West Utica from May 3, 2006 through June 5, 2006, providing the banner meets the
requirements of all pertinent City Departments and ensures that no existing laws or ordinances are violated.
PASSED.
AYES -9. NOES -0.
NO. 122
By: Mr. Thompson
ESTABLISH A SENIOR CITIZENS DISCOUNT FOR THE BUFFALO SEWER FEE
Whereas: Senior Citizens that apply and qualify for the Senior Property Tax Exemption Program within the Tax
Assessment Office in City Hall, may be eligible for a 40% water only discount through American Water Services; and
Whereas: Participants for the enhanced STAR program must be 65 years of age or older and meet combined income
guideline requirements not to exceed $66,050 (Federal Adjusted Gross Income), in addition to providing proof of primary
residency, ownership, and property requirements; and
Whereas: Recipients of the senior property tax exemption will automatically receive the enhanced STAR exemption.
Applicants must be 65 years of age or older and meet combined income guideline requirements not to exceed $32,399
(Federal Adjusted Gross Income), in addition to providing proof of primary residency, ownership of property at least 12
months prior to applying, and eligible property requirements; and
Whereas: Properties are listed on the foreclosure auction due to a combination of overdue property taxes and sewer fees,
the garbage user fees, and water bills; and
Whereas: A majority of senior citizens are on fixed incomes, and currently receive financial assistance with property taxes,
water service, and other utility services; and
Whereas: A senior citizen discount for the sewer fee should be implemented to assist the elderly in maintaining their
property, keeping piece of mind, alleviating financial hardship, and keeping property off of the foreclosure list.
Now, Therefore Be It Resolved That:
This Common Council approves a 40% Senior Citizen Discount for all sewer fee customers for owner occupied properties
that qualify for enhanced STAR and /or the senior property tax exemption program to be implemented at the beginning of
the fiscal year for 2006 -2007; and
Now, Therefore Be It Finally Resolved That:
This Common Council also hereby requests that this item be referred to the Committee on Finance, and requests
responses from the Department of Assessment & Taxation, the Buffalo Sewer Authority, and Corporation Counsel to be
filed by the next Council meeting on Tuesday, May 16, 2006.
REFERRED TO THE COMMITTEE ON FINANCE AND BUFFALO SEWER AUTHORITY.
By: Mr. Thompson:
NO. 123
ORDINANCE AMENDMENT CHAPTER 96, BONDS AND CONTRACTS
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 96 of the Code of the City of Buffalo be amended to read as follows:
§ 96 -13 (G)(1) Apprenticeship Training Program
Pursuant to New York State Labor Law 816 -b, the City of Buffalo hereby requires all contractors and subcontractors
entering into any construction contracts with the City of Buffalo, to have established apprenticeship agreements
appropriate for the type and scope of work to be performed under the contract, that has been approved by the NYS
Commissioner of Labor. Construction contracts shall mean any contract, which involves construction, reconstruction,
improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility,
or physical structure of any kind with a value in excess of [$250,000] $100 000.
§ 96 -13 U Workforce Development and Diversification Apprenticeship Training Program
Definitions: "Worker Training Program" shall mean: a state registered apprenticeship program through New York State
Department of Labor that includes the following standards:
(a) An organized, written plan in place that embodies the terms and conditions of employment, and the training and
supervision of one or more workers; and
(b) A schedule of wages to be paid to the worker consistent with the skills required and approved by the New York State
Department of Labor; and
(c) Equal opportunity and affirmative action plans; and
(d) Workforce development and diversification goals ensuring that the contractor will work toward a minority workforce
goal of 25 %, and women workforce goal of 5% combined in project personnel including trades people, trainees,
journeymen, apprentices, and supervisory staff; and
(e) A minimum often (10 %) percent of the workforce employed by any and all contractors and subcontractors be done by
a person or persons participating in an apprenticeship program which has been registered with and approved by the
New York State Commissioner of Labor in accordance with Article 23 of the NEW YORK LABOR LAW; and
(f) Residency_goals ensuring that the contractor will work toward a minimum of twenty -five (25 %) percent of the
workforce to include qualified residents from the City of Buffalo.
"Commissioner" shall mean the Commissioner of the City of Buffalo Department of Public Works.
"Construction contract" shall mean any contract to which the City of Buffalo shall be a signatory, which involves the
construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation, demolition, or otherwise
providing for any building, facility, roads, highways, bridges, or physical structure of any kind.
"Construction subcontract" shall mean any subcontract between a contractor who has a construction contract with the City
of Buffalo which involves the construction, reconstruction, improvement, rehabilitation, installation, alteration, renovation,
demolition, or otherwise providing for any building, facility, roads, highways, bridges, or physical structure of any kind.
"Contractor" or "subcontractor" shall mean a contractor or subcontractor that directly employs workers under a
construction contract or construction subcontract, as defined herein, for which a worker- traininaprogram, registered
through New York State Department of Labor is required.
"Construction worker" shall mean an individual directly involved in the construction, reconstruction, improvement,
rehabilitation, installation, alteration, renovation, demolition, or otherwise providing for any building, facility, roads,
highways, bridges, or physical structure of any kind.
(1) Requirements and Exceptions
(a) Any contractor, prior to entering into a construction contract, as defined herein, with the City of Buffalo, or any
subcontractor entering into a
construction contract, as defined herein with the City of Buffalo, is required to have in place at the time of bid a NYS
Department of Labor apprenticeship training program, as defined herein, either internally to the contractor or
subcontractor and /or through an organization servicing several contractors or subcontractors, appropriate for the type and
scope of work to be performed.
(b) The Commissioner shall file reports on a quarterly basis with the Mayor of Buffalo and the Common Council as the
training of workers and certification.
(c) Any contractor with the City of Buffalo, or any subcontractor entering into a construction subcontract with a contractor
who has a construction contract with the City of Buffalo, is required to ensure that the workforce which it engages to
perform work in execution of the contract or subcontract meets the minimal workforce diversification standards as defined
above, such contractors and /or shall provide the Commissioner or designated compliance officer with the following_
(i) A monthly workforce census and such other employment and /or payroll records necessary to verify achievement of the
workforce diversity goals and the demonstrate compliance with the minimum standards.
(ii) Access and cooperation to the project compliance officer to review records on -site and /or at worksite premises to
validate workforce participation.
(iii) With bid submission, a statement committing to providing apprenticeship training opportunities to workers, as well as
details ofworkforce diversification recruiting programs directed at attracting candidates to fill positions to meet such
requirements.
(2) Rules & Regulations
The Commissioner of the City of Buffalo Department of Public Works is hereby authorized to promulgate such rules and
regulations that are lawful, necessary and appropriate to implement, enforce, or otherwise carry out the purpose of this
section.
(3) Equal Employment Opportunity Oversight
The Commissioner of Community Services and Recreational Programming for the City of Buffalo shall conduct oversight
and review functions over apprenticeship training programs operated in accordance with the provisions of this section to
ensure compliance with federal, state, and local laws and regulations concerning minority and women participation, and
shall report to the Common Council annually concerning such compliance.
(4) Penalties
Violation of any provision of this section may constitute cause, grounds or other legal justification for termination of any
contractual agreement with any contractor or subcontractor engaged in a construction contract or construction subcontract
with the City of Buffalo, in accordance with city, county, and state laws, rules, and regulations governing the termination of
such contractual agreements.
(5) Severability
If any clause, sentence, paragraph, subdivision, section or part of this section or the application thereof, to any person,
individual, corporation, firm, partnership, entity or circumstance, shall be adjudged by any court of competent jurisdiction
to be invalid or unconstitutional such order ofiudgement shall not affect, impair, or invalidate the remainder thereof, but
shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this section or in its
application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the
controversy in which such judgement or order shall be rendered.
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, COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS.
By Mr. Thompson
NO. 124
FELICITATIONS /IN MEMORIAM
Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council
as indicated:
Felicitation for "Unseenamerica Week"
By: All Councilmembers & City Clerk Chwalinski
ADOPTED.
NO. 126
BY: Mr. Thompson
APPOINTMENTS COMMISSIONER OF DEEDS
That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31,2006,
conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk:
Suzanne Grillo Timothy McKenna Nicholas Locicero
Total: 3
ADOPTED.
NO. 126
BY: Mr. Thompson
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
Susan Collins
Richard Bartoszewicz
Suzanne Cairns
Ellen Donoghue
John Farley
Mary Hanley
Joseph Lynch
Mark Michaelk
Joy Riexinger
Deborah Siracuse
Gail Allen
Martin Bayerl
Brenda Callahan -Moll
Chris Dates
Sharon Fay
Dennis Kessler
Barbara Mantione
Janet Murphy
Diane Romer
Mark Antonio
Marian Blady
Valerie Demps
Mary Evans
Harvey Frankel
Fay Kwiatkowski
Thomas Masterson
Pamela Pantano
Marvin Sanford
Total: 28
ADOPTED.
NO. 127
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
Committee on Finance following Civil Service
Committee on Comm. Dev.
Committee on Legislation
Special Committees
Budget
City Hall.
Tuesday, May 9, 2006 at 9:45 o'clock A.M.
Tuesday, May 9, 2006 at 10:00 o'clock A.M.
Tuesday, May 9, 2006 at 1:00 o'clock P.M.
Tuesday, May 9, 2006 at 2:00 o'clock P.M.
Wednesday, May 10, 2006 at 10:30 o'clock A.M. in Room 1417
(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. 128
ADJOURNMENT
On a motion by Mr. Bonifacio, Seconded by Mr. Fontana„ the Council adjourned at 4:20 P.M.
GERALD CHWALINSKI CITY CLERK