HomeMy WebLinkAbout06-0725No.15
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
July 25, 2006
PENSION PROCEEDINGS
July 20, 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
INVOCATION - PLEDGE TO FLAG - FINAL
"JULY 25, 2006 "'
MAYOR
1. Appt Commissioner of Community Services and Recreational Programming
APP
MAYOR - EXECUTIVE
2. Pres. Bd. -Prop. Landmark Designation -The Park Lane Condominium -33 Gates Circle (Del)(Hrg.9 /12) LEG
3. Plan Bd -Abandonment & Sale of A Portion of Fulton Street (Fillmore)
FIN, CC, PW
4. Strat Plan- Amend Purchase Price 24 Garner Street
APP
5. do - Authorization to Conduct Public Action of Various Properties
APP
6. do - Proposal to Transfer Jurisdiction of Various Properties from the COB to the BOE
FIN, CC
7. do - Result Negotiations -84 French St.(Fillmore)
APP
8. do -Roof Overhang and Related Rights Easement 870 Hertel Avenue
APP
9. do - Utility Easement -304 West Utica(Niagara)
APP
10 do - 1001 East Delavan DEC Correspondence (Delaware)
R &F
11 do -WNY Stormwater Coalition
R &F
12 -11A. Cit. Serv. -Group Workcamps Initiative
APP
COMPTROLLER
13 -12. Certificate of Necessity- Common Council
R &F
ASSESSMENT /TAXATION
14 -13. B. Davis -C. Willins -Req. Change of Lots Jefferson Ave -First Calvary Missionary Baptist Church
FIN, CC
PUBLIC WORKS, PARKS & STREETS
15 -14. Notification Serial # 10130 (Masten) (Waive 45 days)
R &F
16 -15. Bids - Tennis Court Improvements Riverside Park (North)
APP
17 -16. Canisus College Encroachment into City ROW (Masten)
APP
18 -17. Change in Contract -City Hall Fagade Restoration Phase I Job #529(Ell)
APP
19 -18. do -CDBG Fund Transfer City -Wide Sidewalk Repl $90,042.00(Fillmore)
APP
20 -19. do do $80,000.00(South)
APP
21 -20. do - Friends to the Elderly 118 East Utica(Masten)
APP
22 -21. do - Resurfacing of City Pavements
APP
23 -22. do - Repair to City Pavements (Delaware)
APP
24 -23. do - Shoshone Park Storage Garage Addition -Job 531 (Delaware)
APP
25 -24. Complaints Tosh Collins Community Center (South)
FIN
26 -25. Dog Parks
R &F
27 -26. Handicap Accessibility of City Parks
LEG
28 -27. Planters and Light Bollards Within ROW 285 Delaware
APP
29 -28. Request for Perm Friends to the Elderly Flooring Replacement 118 E Utica (Masten)
APP
30 -29. SEQRA Abandonment Sale of A Portion of Fulton St
FIN, CC, EDPI
POLICE
31 -30. Quality of Life Issues
FIN
32 -31. Appt- Detective Sergeant (Perm.) (Max)
CS
33 -32. do - Detective (Cont. Perm.) (Max)
CS
FIRE
34 -33. Apparatus for Auction
APP
35 -34. do for Scrap
APP
36 -35. City Owned Vehicle Inspection Sec 348 Charter and Ordinances of the COB
FIN
37 -36. Ladder /Equipment Auction
APP
CORPORATION COUNSEL
38 -36A LL Intro# 13 (2006) Empire Zone 38 is Not Subject to Mandatory Referendum
R &F
39 -37. Municipal Code Violations Report
LEG, PW, CIT. SERV.
40 -38. Appt. -Asst. Corp. Counsel II (Max)
CS
ECONOMIC DEVELOPMENT & PERMITS /INSPECTIONS
41 -39. Food Store License 405 Amherst St (North)
APP
42 -40. do 232 Ferry West (Niagara)
APP
43 -41. do 1234 Fillmore (Masten)
LEG
44 -42. do 170 Hampshire (Niagara)
APP
45 -43. do 155 Jefferson (Ellicott)
APP
46 -44. do 210 Porter (Niagara)
APP
47 -44A. do 729 Sycamore (Fillmore)
APP
48 -45. Lease of Buffalo General Hospital Ramp
FIN, CC, PKG. BD.
49 -46. Req. City License for Check Cashing Services
LEG
50 -47. Sidewalk Cafe License 199 Delaware (Ellicott)
APP
51 -48. Used Car Dealer 1625 Fillmore (Masten)
APP
ADMINISTRATION, FINANCE & URBAN AFFAIRS
52 -49. Auction Scrap Equipment
APP
53 -50. Request Approval to Submit A Supplemental Diff in Wages and Comp (Parker)
CS, COMPT., HR
54 -51. Appt.- Parking Enforcement Officer (Inter #2)
CS
HUMAN RESOURCES
55 -52. Info.- Benefits Manager Position - Withdrawn
R &F
56 -52A. Perm. Accept Funds from NYS DOL -Occ. Safety & Health Training Project 06- 104 -- 012057
APP
57 -53. Residency Waiver -H. McCarthy Gipson
APP
58 -53AA Appt Secretary to the Comm of Human Resources
CS
BUFFALO SEWER AUTHORITY
59 -53A Fulton Street Area Sewer Line Use
FIN, PW
CITY CLERK
60 -54. Liquor License Applications
R &F
61 -55. Leaves of Absence
R &F
62 -56. Reports of Attendance
R &F
63 -57. Notices of Appointments - Council Interns
ADOPT
64 -57A. do
ADOPT
65 -58. Notices of Appointments - Mayor's Program
R &F
66 -58A do
R &F
67 -59. Notices of Appointments - Seasonal
R &F
MISCELLANEOUS
68 -60. M. Boldt- Resolution- Concord Town Board Proposed 4 year Plan and Sales Tax Rev Agmt
R &F
69 -61. L. P. Ciminelli -Board Packet Documents - 6/10/06
R &F
70 -62. J. Coleman- Lancaster -Req. Termination of Sale Tax Agreement
R &F
71 -63. R. Coniglio -Req. Payment of Vacation Days
CS, HR, PW
72-64.S. Doleski - NYSDEC - DGEIS -Bflo. & Erie Co. Botanical Gardens - Master Plan -2655 S. Park Ave.
R &F
73 -65. A. Garcia- Req to Expand Community Access Advisory Board
LEG
74 -66. R. Heffern- Reasons Why Opposing Casino
CD
75 -67. do - Economics of Gambling- Summary Points
CD
76 -68. M. Kearns - Artvoice Article S. Siegel -Info Seneca Gaming Corporation
CD
77 -69. do -D. Bennett - Effects of Urban Gambling Casino
CD
78 -70. do -T. Bonner - Problems with Waterfront School
ED, BD ED
79 -71. do -P. Herbert - Buffalo River Improvement
WATERFRONT, EDPI
80 -72. do -Tree Debris
LEG, PW
81 -73. do -M. Wooster -Bflo Niagara Riverkeeper to Serve on Greenway Fund Committee
WATERFRONT
82 -74. P. Kranczyk -FAQ on Taxicab Service
LEG
83 -75. D. Locey- NYSDEC -Clean Up Work Completed at Boone Park -Park Ret. To Recreational Use
R &F
84 -76. J. Rozanski -Sale of Fulton St
FIN
85 -77. A. Sedita - Req to Make City of Buffalo Parks Handicap Accessible
LEG, PW
86 -78. R. Tylicki -NFTA ROW Near Sterin Ave
CD, PW, EDPI
87 -79. C. Van Ness - Oppose Sale or Transfer of Fulton St for Use of Casino
FIN
88 -79A Local 264- Arbitrator's Opinion and Award Judgment
BUDGET, HR, CC
PETITIONS
89 -80. J. Leone, Agent, Use 260 Allen- Restaurant (Ell) (Hrg. 9/12)
LEG, CP BD, CC
90 -81. R. Sasala, Agent, Use 253 Allen- Sit -In Restaurant /Outdoor Cafe (Ell) (Hrg. 9/12)
LEG, CP BD, CC
91 -82. M. Burns, Agent, Use 3 City Line South for Rail Car Storage and Repair Building (No Pub Hrg)
LEG, CP BD, CC
92 -83. M. Johnston, Agent, Use 540 Genesee St for A Free Standing Sign (EII)(No Pub Hrg)
LEG, CP BD, CC
93 -84. M. Kearns -D. Flood & O- Oppose Community Field House Complex
CD, EDPI, PW
RESOLUTIONS
163 -85. Bonifacio,etc Increase Max Fine for Illegal Dumping to $2,500.00
LEG, CC
164 -86. do Water Rate Analysis Study Common Council Recommendation
ADOPT
165 -86A do Use Permit Required for Human Service Facilities
LEG
166 -86B. do Perm. To Accept Funds from NYS Dept. of Labor -Occ. Safety /Health Training
Project 06 -104
APP
167 -87. Davis Ordinance Amendment Ch 16 Finance Article VII
LEG, CC
168 -87A. do Grant Sub -Zero Establishment Perm. To Utilize Outdoor Patio for Non - Amplified
Music
APP
169 -88. do Perm. To Hang Flags on Niagara Street
APP
170 -88A do do Banner on Niagara Street
APP
171 -88B do Agreement- Payments in Lieu of Taxes -St John Townhomes Hsg Dev
APP
172 -88C do Trailblazing Signage for Edward St as Louis Stephen Le Couteulx Way
LEG, PW
173 -89. do Trailblazing Signage for Seventh St as Isaias Gonzalez Way
APP
174 -90. do Transfer of Funds Common Council
APP
175 -90A. do Amendment - Section 133 -12 of Ord.- Lease - Buffalo Gen. Hospital Pkg. Ramp
FIN, CC, PKG. BD.
176 -91. Franczyk Desig Area Bounded by William and Division St to the North, Bflo River to the South
Babcock to the East and Michigan to the West
as Banking Dev Dist First Niagara
ADOPT
177 -92. do Refer Seneca Erie Gaming Corp Req for Abandonment and Sale of Portion of Fulton
St and Associated Roadway and Utility
Infrastructure Activities to EC Dept of Env and Planning
ADOPT
178 -93. Golombek Ordinance Amendment Ch 437 Taxicabs and Liveries
APP
179 -94. Kearns Granting Perm to AFL -CIO to Hang Banners Caz St, Seneca St & S. Park Ave.
APP
180 -95. do etc Re- Examine Agmt Btwn COB and EC -Re: Forestry Duties
FIN, CC, PW
181 -96. do etc Trailblazing Signage for Bolton PI as Jimmy Slattery PI
APP
182 -96A. do, etc. Use of the Innovative "SEGWAY Human Transporter" by the City of Buffalo
ADOPT LAST
RES; REM -FIN
183 -97. Russell Budget and Personnel Amendment Common Council (Councilmember#13)
APP
184 -97A. do do - Common Council (Councilmember #11) APP
185 -98. do do Public Works, Parks and Streets APP
186 -99. Thompson Request to Hire More Buffalo Police Officers BUDGET, POL, BFSA
187 -100. do Trailblazer Request for Rev. James T. Hemphill LEG, PW
188 -101 do Trailblazer Request for Bishop Glenwood H Young Sr. LEG, PW
189 -102 do Terrorism Prevention in Hazardous Materials Transportation LEG, CC,
HOMELAND SEC., POL
190 -103. do Comm of Deeds ADOPT
CLAIMS
SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING
PERSONAL INJURY
A 1 Jeffrey & Shari Joyce P /N /G Victoria Joyce v City of Buffalo
and South Buffalo Charter School $ 7,500.00 APP
94 -A 2 Michael J. Hicks v City of Buffalo $15,000.00 APP
A 3 Anne & Minot Ortolani v City of Buffalo $36_040.00 APP
B 1
Allstate Insurance a /s /o Christian, Gary PO Box 227257, Dallas, Texas 75222
$ 675.55 APP
B 2
Backstrom, Barbara, 38 Poultney Avenue, 14215
$ 900.00 APP
B 3
Barnes, Carl, 1325 Walden Avenue, Cheektowaga, NY 14211
$ 800.00 APP
B 4
Brown, Anna, 347 Ludington Street, 14206
$ 67.91 APP
B 5
Claxton, Lowell, 92 St Mary's Road, 14211
$ 307.83 APP
B 6
Cohill, Jonathan, 82 Oxford Avenue, 14209
$ 941.99 APP
B 7
Dawson, Louise, 139 Kingsley Street, 14208
$ 779.45 APP
B 8
DiPasquale, John, 150 Townsend Street, 14212
$ 599.05 APP
GEICO Insurance Co a /s /o Raymond M. Burke
95-
L3
GEICO Insurance Co., Loss Transfer Claim
$ 1,713.06 APP
B
10
GMAC Insurance a /s /o Derico of East Amherst Corp
$ 922.58 APP
B
25
PO Box 1429, Winston - Salem, NC 27102 -1429
$ 3,259.64 APP
B
11
Hopkins, Nicole, 670 Northumberland, 14215
$ 23.81 APP
B
12
Jones, Sandra M., 78 Eller Avenue, 14211
$ 565.77 APP
B
13
LaPorte, Yvonne, 396 Northland Avenue, 14208
$ 3,955.00 APP
B
14
Lesniowski, David, 277 Easton Avenue, 14215
$ 54.36 APP
B
15
Lewandowski, Thomas, 1353 Lovejoy Street, Sloan, 14206
$ 281.34 APP
B
16
Nagy, Carmen, 143 Hancock Ave. # 2, 14220
$ 361.50 APP
B
17
National Grid, 300 Erie Blvd. West, Syracuse, NY 13202
$ 92.26 APP
B
18
National Grid, 300 Erie Blvd. West, Syracuse, NY 13202
$ 509.60 APP
B
19
New York Central Mutual a /s /o Rodgers, Chiquita 1899 Central Plaza East,
C
13
Quest Investigations, PO Box 1032, Buffalo, NY 14207
Edmeston, Ny 13335
12 APP
B
20
Porter, Patrick, 571 Ridge Road, Lackawanna, NY 14218
$ 196.36 APP
B
21
Reyome, Jayme, 53 Dash Street, 14220
L924 02 APP
B
22
Rhodes, Regina, 1390 Ransom Rd, Lancaster, NY 14086
$ 180.08 APP
yO- tf
L3
Kona , I amas, 1 U Lexm ion Avenue, A i. ztf, 'I 4zzz
Z� O,OZO.UU AF'F'
B
24
Scott, Mary, 21 Schule Avenue, 14215
$ 922.58 APP
B
25
State Farm Ins. a /s /o Cepuchowski, Dorothy PO Box 8014, Ballston Spa, NY 12020
$ 2,203.99 APP
B
26
State Farm Ins a /s /o Fisher, Eric J. PO Box 8014, Ballston Spa, NY 12020
$ 5,462.91 APP
97- B
27
State Farm Ins a /s /o King -Reen v City of Buffalo
$ 4,500.00 APP
B
28
Thomasula, Thomas, 463 Auburn Avenue, 14213
$ 1,279.41 APP
B
29
Urso, Kevin, 314 Abbott Road, 14220
$ 81.02 APP
B
30
Walker, Kristen, 100 Marion Street, 14207
$ 2,808.43 APP
B
31
Zielinski, David, 224 Geary Street, 14210
$ 245.00 APP
C
1
Accurate Reporting, 403 Main Street, 14203
$ 328.00 APP
C
3
Counsel Press, LLC, PO Box 1053, New York, New York 10018
$ 4,975.25 APP
C
4
D.F. Bailey, Inc, 150 Anderson Place, 14222
$ 300.30 APP
C
5
Depaolo- Crosby Reporting Services, 197 Delaware Ave, 14202
$ 469.00 APP
C
6
Due Process, 6180 Newton Road, 14127
$ 40.00 APP
98- C
7
Frey the Wheelman, 41 East Tupper Street, 14203
$ 732.45 APP
C
8
Hiscock & Barclay, 1100 M &T Center, 14203
$ 122.50 APP
C
9
James J. White Jr, MD,PC,2113 Delaware Avenue, 14216
$ 4,707.50 APP
C
10
Michael Calabrese, MD, 656 Elmwood Avenue, 14222
$ 474.84 APP
C 11 NATIONAL GRID (Claim for $2,231,532.49 for past due City Street Light Accounts
144 Kensington Avenue, Buffalo, NY 14214
APP
C
12
Nixon Peabody LLP, 40 Fountain Plaza, Suite 500, 14202
$19,736.16 APP
C
13
Quest Investigations, PO Box 1032, Buffalo, NY 14207
$ 975.00 APP
C
14
Raymond W. Burke, 402 South Shore, Lackawanna, NY 14218
$ 485.00 APP
C
15
Roach, Brown, McCarthy & Gruber, PC 1620 Liberty Building, Buffalo, NY 14202
$ 1,469.46 APP
99- C
2
C. Destro Development Co. Inc, 2255 Bailey Avenue, 14211
$4,364.64 APP
D
1
Braulacht, William, 18 Parkdale Drive, Lancaster, NY 14086 and Ryan, James,
8 Birchwood Drive, Buffalo, NY 14227
$369.00;$150.00 APP
D
2
Child & Family Services Ways to Work Loan Program 844
Delaware Avenue, Buffalo, NY 14209
$ 1,052.69 APP
D
3
Chimento, Joseph F., 309 Dupont Ave, Tonawanda, Ny 14150
$ .50 APP
D
4
Dimoulas, Renee, 81 Euclid Avenue, Buffalo, NY 14217
$ 250.00 APP
100 -D
5
Drossos, Nikolas, 1571 Parker Blvd, Tonawanda, NY 14150
$ 141.38 APP
D
6
Farley, Mark, 76 Ross Avenue, 14207
A - 1 00 00 APP
D
7
Fleming, Beth, 97 Lexington Avenue, 14222
$ 205.15 APP
D
8
Huffman, Mary, 198 Manhattan Ave. #1, 14215
$ 2,750.00 APP
D
9
Johnson, Floyd, 23 Erb Street, 14211
$ 800.00 APP
D
10
MAP /MAC, LLC, 2614 Main Street, Dallas Texas 75226
$ 2,495.25 APP
D
11
Palmeri, Frederick, 435 Connecticut St, 14213
$ 708.29 APP
D
12
Phillips, Toni, 59 West Hazeltine, Kenmore, NY 14217
$ 1,029.35 APP
MISCELLANEOUS REWARD
101 -E 1 Pickett - Stewart, Tonya, 69 Rother Avenue, 14212 $ 1,000.00 APP
RECOMMITTED ITEM
102 -F 1 Pettigrew, Tyrone, 149 Hampshire, 14213 $ 900.00 APP
103 -G
1
Permian Properties NY, Inc, c/o Cappuccitti, Michael, 2316 Delaware Avenue
S. Gikas, Owner, Use 528 Elmwood Avenue for an Outdoor Cafe (Niag.)(Hrg.7 /18) APP
112 -9.No
#163, Buffalo, NY 14216
$560.00 RECOMMIT
CIVIL SERVICE
APP
113 -10. No
64
104 -1. Com
46
July 11
Notices of Appointments- Temp /Prov /Perm(C. Clk)
R &F
FINANCE
N. Kotrides, Owner, Use 1435 Hertel- Sidewalk Cafe (Del) (Hrg. 7/18)
APP
115 -12. No
66
105 -2. Com
36
July 11
Consultant Service Agreement With Back to Basics (Comm. Svs.)
APP
106 -3. No
48
July 11
B. Davis - Friendly Fruitbelt Neighborhood Block Club Inc.
R &F
107 -4. Res
121
May 30
Amend Friends to the Elderly Comm. Ctr's Lease
R &F
108 -5.No
40
June 27
R. Brown - Friends to the Elderly- Info - Current Lease Req -118 E. Utica St.
R &F
109 -6. No
94
June 27
M. Kearns -Req to Det Whether Actions of BMHA Comm /Staff
35
July 11
Sidewalk Cafe License -115 West Chippewa (Ell) (ECPI)
APP
Constitutes Criminal Activity That Should Be Prosecuted #85,06/13)
R &F
110 -7. No
72
June 14 Creating A Shared Asset Forf. Fund ( #126, 10/5) (Ex 1 s Res)
R &F
LEGISLATION
July 11
M. Kearns - Complaints -Tosh Collins Comm. Ctr. Maintenance
R &F
111 -8. No
62
July 11
S. Gikas, Owner, Use 528 Elmwood Avenue for an Outdoor Cafe (Niag.)(Hrg.7 /18) APP
112 -9.No
63
July 11
J. Glose, Agent, Use 2197 Seneca St.-Illum. Ground Sign (So) (Hrg. 7/18)
APP
113 -10. No
64
July 11
S. Manks, Agt., Use 1670 Seneca for A One Story Drive Thru Fast Food Fac. (So.) (Hrg. 7/18)
APP
114 -11. No
65
July 11
N. Kotrides, Owner, Use 1435 Hertel- Sidewalk Cafe (Del) (Hrg. 7/18)
APP
115 -12. No
66
July 11
T. Fanti, Agent, Use 777 Main St.- Outdoor Cafe (Ell) (No Pub Hrg. Req)
APP
116 -13. Com
21
July 11
Ord. Violations - Placement of Totes (PW)
R &F
117 -14. Com
28
July 11
Ordinance (Law)
R &F
118 -15. Com
29
July 11
Notification of City Ordinances for Home Owners & Residents (ECPI)
R &F
119 -16. Com
38
July 11
Notification of City Ordinance Amendments (C. Clk.)
R &F
120 -17. Com
35
July 11
Sidewalk Cafe License -115 West Chippewa (Ell) (ECPI)
APP
121 -18. No
47
July 11
C. Berman -Req. Fenced in Dog Parks Purchased With Dog License Revenue
R &F
122 -19. No
52
July 11
M. Kearns - Complaints -Tosh Collins Comm. Ctr. Maintenance
R &F
123 -20. No
55
June 27
R. Kreuzer, Agent, Use 2677 Delaware -Pole Sign (Del)(No Pub Hrg Req)
DENY
124 -21. No
74
May 16
J. Zuefle, Agt., Use 517 Washington- Outdoor Patio (Ell) (No Pub Hrg. Req.)RECOMMIT
125 -22. Com
27
May 30
Municipal Code Violations Report(CC)
R &F
126 -23. Res
116
May 30
Notification of City Ordinances for Home Owners and Residents(Exc 1 st res)
R &F
127 -24. Com
25
June 13
Notification of City Ordinances for Home Owners & Residents (Assess /Tax)
R &F
128 -25. Com
41
June 13
Notification of City Ordinances (PW)
R &F
129 -26. Com
59
June 13
Notification of City Ordinances for Home Owners & Residents (Law)
R &F
130 -27. Com
69
June 13
Notification of City Ordinances for Home Owners & Residents (BSA)
R &F
131 -28. Com
23
June 27
Strengthen COB's Sex Offender Ordinance (Pol)
R &F
132 -29. Res
119
May 16
Regulating Bouncers /Doormen (Exc. 1 st Res.)
R &F
133 -30. Res
113
June 27
Local Law Intro # 14 (2006)- Vacancies in the Common Council
RECOMMIT
134 -31. Res
138
Apr 4
Length of Time Permissible to Hang Banner in COB (Exc. 1 sc Res.)
RECOMMIT
135 -32. No
84
Feb 7
Licensing of Property Managers ( #115,11/1)
R &F
136 -33. Com
27
Jan 24
Licensing of Property Managers (Law)
R &F
137 -34. No
101
May 16
Exemption from Living Wage Ord. For Rural /Metro Med. Svs. Req.
(Mayor) ( #1,5/2)
R &F
138 -35. Com
32
Mar 7
Food Store License -1172 Broadway (Fillmore) (ECPI)
DENY
139 -36. No
96
May 2
Food Store License -900 Main ( #105,3/21)(83,11 /1)( #41,10/18)
(EII)(Permits /Insp.)
RECOMMIT
140 -37. No
84
Nov 1
Food Store License -357 Swan ( #42,10 /18)(EII))(Perm its /Insp.)
RECOMMIT
141 -38. No
107
June 13
Used Car Dealer -227 Paderewski (Fillmore) ( #89,5/30) ( #40,5/16)
RECOMMIT
142 -39. Com
43
May 16
Used Car Dealer -285 Swan (Ell)
RECOMMIT
143 -40. No
83
June 27
Used Car Dealer -771 Military (North) (EDPI)( #61,6/13)
APP
144 -41. No
78
June 13
B. Davis -L. Keeney- Parking on Virginia Place
R &F
145 -42. No
41
May 30
M. Bordonaro- Hazardous Condition -27 Swinburne St
R &F
146 -43. No
50
Mar 21
B. Davis -Pkg. Issues at Frey the Wheelman, Inc.
R &F
147 -44. No
42
June 27
B. Davis -M. Mix - Waterfront Village Access Road
R &F
148 -45. No
66
Dec 27
Mr. Syed & O- Petition - Reinstall Former Traffic Light- Sycamore &
Sobieski Streets ( #67, 11 /1)
R &F
COMMUNITY DEVELOPMENT
149 -46. Com
5 July
11
Results Negotiations -755 Best (Fillmore) (Strat. Plan.)
RECOMMIT
150 -47. No 59
July
11
A. Snyder - NYSDEC -Demo. Of H -O Oats Grain Silos by Seneca Nation R &F
SPECIAL COMMITTEES
BUDGET
151 -48. Com
8
May 16
Mayor's Proposed 2006/2007 Budget (Compt.)
R &F
152 -49. Com
9
May 16
Third Quarter Gap (Compt.)
R &F
153 -50. Com
44
May 16
Third Quarter Report 2005 -06 on Div. Of Sub. Abuse Svs. (CSRI)
R &F
154 -51. Com
48
May 16
Water Rate Analysis & Preliminary Projections (Water Bd.)
R &F
155 -52. No
61
May 16
B. Davis -M. Schmand -Req. Funding for Bflo. Place
R &F
156 -53. Com
9
July 11
Alternative Veterans Exemption (Assess /Tax)
APP
157 -54. Com
10
July 11
Disabilities & Limited Incomes Exemption (Assess /Tax)
APP
158 -55. Com
11
July 11
Senior Citizen Exemption (Assess /Tax)
APP
159 -56. Com
13
May 2
Addl. Info. On Federal Financial Assistance (Compt.)
R &F
160 -57. Com
23
April 18
Comprehensive Annual Financial Rpt. For FY Year Ended 6/30/05 (Compt.)
R &F
WATERFRONT DEVELOPMENT
161 -58. No
98
July 11
Waterfront Urban Renewal Plan -Addl. Site Designation (Hrg.
7/25)( #2,6/27) (Strat. Plan.)
APP
162 -59. No
54
July 11
M. Kearns -Bflo. News Article "More Talks Planned on Outer Harbor"
R &F
FROM THE MAYOR
NO. 1
APPOINTMENT TANYA PERRIN- JOHNSON
COMMISSIONER OF COMMUNITY SERVICES AND
RECREATIONAL PROGRAMMING
[Pursuant to Article 16 section 2 of the Charter of the City of Buffalo, I hereby appoint Tanya Perrin - Johnson, 125 William Price Parkway,
Buffalo, NY 14214 to the 3osition of Commissioner of Community Services and Recreational Programming effective June 1, 2006.
Commissioner Tanya Perrin - Johnson was appointed to the position of Commissioner of Community Services effective January 13, 2006.
Ms. Perrin - Johnson previously served as Chief Executive Officer of the YWCA of Western New York. She possesses an exceptional track
record and commitment to women's issues, as well as a reliable and experienced facilitator and trainer in leadership development, diversity
and inclusion, capacity building, governance, managing change and achieving results.
Tanya Perrin - Johnson is an accomplished professional with a wealth of experience in the development and delivery of health and human
service programs. Ms. Perrin - Johnson has managed a multi - million dollar organization, employing 250 plus individuals, serving over 12,000
women, children and families each year.
Ms. Perrin - Johnson is a graduate of Syracuse University (Bachelor of Science) and earned a Master of Science (Education) degree from
Canisius College.
I certify that Tanya Perrin - Johnson is highly qualified for appointment to this position and I am certain that she will perform admirably. I urge
this Honorable Body to confirm Ms. Perrin - Johnson as the Commissioner of Community Services and Recreational Programming.
Mr. Bonifacio moved:
That the appointment of Tanya Perrion- Johnson as Commissioner of Community Services and Recreational Programming is
hereby approved.
PASSED
AYES - 9 NOES -0
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE BUFFALO PRESERVATION BOARD
NO.2
PROPOSED LANDMARK DESIGNATION
THE PARK LANE CONDOMINIUM 33 GATES CIRCLE
BUFFALO, NEW YORK 14209
DELAWARE DISTRICT
At it regular meeting on July 6, 2006, the Buffalo Preservation Board, having conducted a public hearing as required by Chapter 337, Article III,
Section 337 -7 through 8 of the Preservation Standards of the Buffalo Code, recommended designation of 33 Gates Circle (the Park Lane
Condominium) as a local historic landmark.
This recommendation is the result of findings contained in a report prepared by the Board's Landmark Designation Committee. A copy of the
Committee's report and the Landmark Application /Photos are enclosed for your information (refer to Attachments 1 & 2).
The Preservation Board determined that this structure meets the following criteria specified in the Code for landmark designation.
(1) It has character, interest or value as part of the development, heritage or cultural characteristics of the city, state or nation;
(2) It is identified with a person or persons who significantly contributed to the development of the city, state or nation;
(3) It is the work of a master builder, engineer, designer, architect or landscape architect whose individual work has influenced the
development of the city, state or nation;
(4) It embodies elements of design, detailing, materials or craftsmanship that render it architecturally significant;
(5) It is a unique location or contains singular physical characteristics that make it an established or familiar visual feature within the city.
Pursuant to Article III, Section 337 -9 through 12 of the Preservation Standards of the Buffalo
Code, the Committee on Legislation shall hold a public hearing on this item and report back to the Common Council with a
recommendation on its findings.
For your information, the owner(s) of record, support the proposed landmark designation (refer to Attachment 3).
The owner(s) representative is:
Mr. Eugene Setel
President of the Board of Managers
The Park Lane Condominium
33 Gates Circle, Apt. 8B
Buffalo, New York 14209
For the record, the vote by the Buffalo Preservation Board on this item was as follows:
Ayes: Baer, Carroll, Grace, Gurney, Kimberly, Laping, Muskat, Pawlak & Singleton
Nayes: None
Abstained: Guerra
Absent: Masters
Motion carried.
If you have any questions, you may contact Thomas W. Marchese, Executive Secretary at 851 -5029
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 3
ABANDONMENT & SALE OF A PORTION OF FULTON STREET FILLMORE DISTRICT
RECOMMENDATIONS & COMMENTS
The Office of Strategic Planning received a request from the Seneca Erie Gaming Corporation to acquire a portion of
Fulton Street between Michigan Ave and Marvin Street, a parcel 66" x 638', approximately 42,108 sq ft. This matter was
forwarded to the City of Buffalo Planning Board for comments and recommended that any utilities beneath the stretch of
Fulton Street that has been proposed to be abandoned, be identified and the cost of the relocation of utilities identified
would become the responsibility of the purchaser of said property
REFERRED TO THE COMMITTEE ON FINANCE, CORPORATION COUNSEL, AND COMMISSIONER OF PUBLIC
WORKS, PARKS AND STREETS
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 4
AMEND PURCHASE PRICE 24 GARNER STREET
ITEM #18, C.C.P. 6/13/06
In the above referenced item, Your Honorable Body approved the sale of 24 Garner Street in the amount of Three Thousand Nine
Hundred Dollars ($3,900), which was the amount reported to you in Item # 18, C.C.P. June 13, 2006. This amount was incorrect.
The purchase amount agreed to between the City and Ms. Lohre Ortolano was Two Thousand Two Hundred Dollars ($2,200), Sixty
Two Cents ($ .62) per square foot.
Therefore, I am requesting that Your Honorable Body amend and approve the sale of 24 Garner to Ms. Lohre Ortolano for the
purchase price of Two Thousand Two Hundred Dollars ($2,200).
Mr. Bonifacio moved:
That the communication from the Department of Strategic Planning, dated July 18, 2006 be received and filed and
That the Executive Director of Strategic Planning be, and he hereby is authorized to amend purchase price of Two Thousand Two Hundred
Dollars ($2,200) to Ms. Lohre Ortolano is hereby approved. Passed
PASSED
AYES 9 — NOES — 0
NO. 5
AUTHORIZATION TO CONDUCT PUBLIC AUCTION
OF VARIOUS PROPERTIES (SEE ATTACHED LIST)
VARIOUS COUNCIL DISTRICTS
Attached for your review and approval is a list of real property assets that will be auctioned off in accordance with Article 27 -6 of the City Charter.
The auction will be held in late August or early September. The date, time and place will be publicly advertised as required. Important terms
of the sale are as follows:
1. The highest bidder will be required to deposit 20% of the bid price at the time of bid. A ten percent buyers premium will be added
to the bid price to defray costs of the auction.
2. Each successful bidder will be required to file with the Office of Strategic Planning within 30 days after the auction the intended use of the
property, detailed list of improvements to be completed and proof of financial ability to acquire and repair the property.
3. Any bidder owing taxes, water, sewer, garbage user, etc or has outstanding code violations on other properties in the City will be
prevented from taking title until all liens and violations are satisfied.
4. The City of Buffalo will not provide a search or survey for any of the properties.
5. The successful bidder will pay for all related closing charges and transfer of title.
6. All successful bidders and bid prices are subject to final Common Council approval.
I am recommending that Your Honorable Body authorize the public auction of the attached list in accordance with Article 27 -6 of the City Charter.
Mr. Bonifacio moved:
That the communication from the Department of Strategic Planning, dated July 19, 2006 be received and filed and
That the authorization to conduct public auction of various properties (see attached list) is hereby approved.
PASSED
AYES — 8 NOES — 1
AYES — BONIFACIO, DAVIS, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL AND THOMPSON
NOES - FONTANA
NO. 6
PROPOSAL T TRANSFER JURISDICTION OF VARIOUS
PROPERTIES FROM THE CITY OF BUFFALO TO THE
BUFFALO BOARD OF EDUCATION
FILLMORE AND ELLICOTT DISTRICT
The Office of Strategic Planning, Division of Real Estate, has received a letter from the Buffalo Board of Education requesting the City to
transfer jurisdiction of the following properties to them for school purposes:
1267. Fillmore
25 & 31 Fougeron
770 Northampton
72 Peach & 76 Peach
836 South Park & 844 South Park
This office is recommending that Your Honorable Body approve to transfer the jurisdiction of the above - mentioned properties from the
City of Buffalo to the Buffalo Board of Education.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 7
RESULTS OF NEGOTIATIONS
84 FRENCH, 811.42 E FILLMORE
LOT SIZE: 30'X 137' ASSESSED VALUATION: $2,200.
(MASTEN DISTRICT)
The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 84 French Street from Mr. Raymond A. Smith,
80 French Street, Buffalo, New York 14211. Mr. Smith intends to use the vacant lot for additional green space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no outstanding
taxes, building code violations, or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar residential vacant lots in the subject area. Sales prices range from Thirty
Cents ($.30) to Sixty Cents
($ .60), per square foot.
The results of our negotiations are that Mr. Raymond Smith has agreed and is prepared to pay One Thousand Six Hundred Dollars
($1,600), Forty Cents ($ .40) per square foot, for the vacant parcel. Mr. Smith has also agreed to pay for the cost of the transfer tax, recording
fees and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 84 French Street to Mr. Raymond A. Smith in the amount of One Thousand
Six Hundred Dollars ($1,600). 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 Common Council hereby authorizes the Office of Strategic Planning, Division of Real Estate and the City of Buffalo
to convert 84 French Street to Raymond Smith for the purchase price of $1,600 and the Corporation Counsel and the Mayor
are authorized to prepare and execute all necessary documents so effecting this transfer.
PASSED
AYES — 9 NOES — 0
NO. 8
ROOF OVERHANG AND RELATED RIGHTS EASEMENT -
870 HERTEL AVENUE
The City firehouse at 860 Hertel was built encroaching on to 870 Hertel Avenue. The City is obtaining an easement from the owner of 870 Hertel to resolve
the problems created by the encroachment.
I am recommending that your Honorable Body accept the easement. Further, I am recommending that the Corporation Counsel prepare the
necessary Easement Agreement and the Mayor be authorized to execute the same.
Mr. Bonifacio moved:
That the communication from the Department of Strategic Planning, dated July 25, 2006 be received and filed and
That the authorization to accept roof overhang and related rights easement - 870 Hertel Avenue is hereby approved.
PASSED
AYES —9 NOES — 0
NO. 9
UTILITY EASEMENT- 304 WEST UTICA
The Office of Strategic Planning Division of Real Estate has received a request from FJF Development, LLC and National Grid for the City of Buffalo to grant an
easement for two new utility poles and overhead electric lines on a City -owned parking lot at 304 West Utica behind 504 -506 Elmwood Avenue to service the
newly redeveloped three story mixed use commercial /residential building now being completed at 504 -506 Elmwood Avenue. The easement is needed so that the
existing utility poles and utility lines can be relocated away from the new balconies and living spaces in the new building by providing the necessary "clearances"
between the new balconies and living spaces and the utility pole transformers and lines. The relocation of the poles will not impact the number of excising parking
spaces. Attached for your review is the proposed easement map.
I am recommending that your Honorable Body approve the easement. Further, I am recommending that the Corporation Counsel prepare the necessary Easemeni
Agreement and the Mayor be authorized to execute the same.
Mr Bonifacio moved
That the corporation co9unsel prepare the necessary easement agreement to the respective parties and the Mayor be authorized to execute the same
PASSED
AYES — 9 NOES —0
NO. 10
1001 EAST DELAVAN
Your Honorable Body has requested information regarding the New York State DEC correspondence regarding
1001 East Delavan Avenue.
Please be advised that classification of the property as a Class 2 hazardous waste indicates that the site poses a
significant threat to public health and the environment and also gives New York State DEC jurisdiction over the site.
DEC will either require the property owner or any other potentially responsible party to adequately address the threat,
or DEC can undertake the remediation themselves and sue the responsible parties to recover those costs.
The purpose of the correspondence is to advise the City of the classification and to keep the City informed.
RECEIVED AND FILED
NO. 11
WNY STORMWATER COALITION
Your Honorable Body has requested information regarding the Western New York Stormwater Coalition correspondence
regarding a New York State Department of Environmental Conservation Grant. The Coalition has received a grant of
$7,000 and is requesting information from coalition members as to the appropriate use of the funding. The Coalition has
approved adopting model laws developed by New York State DEC. The funding could be used to retain an attorney to
draft and implement two local laws, or allow municipalities to access the funds to use their own municipal attorneys.
This office has not seen nor reviewed the proposed model laws and therefore cannot comment on them. Furthermore,
should this body decide to implement said laws, I would defer to the Corporation Counsel's office regarding the appropriate
use of funding to draft and implement said laws.
RECEIVED AND FILED
NO. 12
GROUP WORKCAMPS INITIATIVE
The Division of Citizen Services, in conjunction with the City of Buffalo, has partnered with the Group Workcamps Foundation to provide
minor home rehabilitation repairs to 65 -70 residents in the City of Buffalo. Over 400 teenage and adult volunteers will come to the City
of Buffalo during the week of July 23 -29, 2006 to provide these much needed services for elderly, disabled and low- income residents. In
performing these repairs for the residents of the City of Buffalo, we respectfully request -fee waivers for construction permits that may be required
to perform the repairs. - -
The workcamp provides free home repairs to many residents throughout many of the City's councilmatic districts. Some of the repairs that are
provided include: painting, wheelchair ramps, skirting, weatherization and porch repairs. Each volunteer pays for the experience of working within our community.
Attached you will find a list of homes that are to receive repairs during the week of July 23 -29, 2006.
The Group Workcamps Foundation is a non - profit, interdenominational Christian volunteer home - repair organization headquartered in Loveland,
Colorado. This summer, an anticipated 30,000 young people and adults will participate in 64 Workcamps in communities across the United States and Canada.
This year marks the third summer they will visit the City of Buffalo.
Mr Bonifacio moved
That the Common Council authorizes that the Building Permit fees associated with the installation of access for persons with disabilities related to the Group
Workcamps Foundation be waived
PASSED
AYES — 9 NOES — 0
FROM THE COMPTROLLER
NO. 13
CERTIFICATE OF NECESSITY
Transfer of Funds
Common Council- Legislative
We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the Charter,
that it is necessary that the sum of $12,200 be transferred and reappropriated within Common Council Legislative, as set forth below:
From:
Legislative - Personal Services
10103001 - 411001 Salary $4,350
Common Council Legislative
10102001 412002 Hourly Salary $7,850
To"
Common Council Legislative
10102006 - 432004 Engineering & Technical $12,200
RECEIVED AND FILED
NO. 14
B. DAVIS -C. WILLINS -REQ CHANGE OF LOTS
JEFFERSON AVE FIRST CALVARY MISSIONARY BAPTIST CHURCH
ITEM# 49 CCP 7/11/06
The Common Council has referred the above item to the Department of Assessment and Taxation for response. First Calvary Missionary Church
is offering to exchange a vacant residential lot parcel assessed as 335 Jefferson assessed to the Church which is totally tax exempt with a vacant
commercial lot parcel assessed as 357 Jefferson assessed to the City of Buffalo Perfecting Title which is also totally exempt. Since both parcels are
tax exempt there are no City taxes or sewer rent due on either parcel.
The decision to exchange parcels is a matter between the Common Council and the Real Estate Office, however, the Department of
Assessment and Taxation has no objections. Both parcels will remain tax exempt for fiscal 2006 -07, but if the parcels are exchanged, First
Calvary Missionary Baptist Church will have to submit an application to the Department of Assessment and Taxation prior to December 1,
2006 to obtain the religious exemption on the parcel assessed as 357 Jefferson for fiscal 2007 -08.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
NO. 16
NOTIFICATION SERIAL # 10130
NO STANDING - REPEAL
ON KENSINGTON AVENUE, SOUTH SIDE
BETWEEN NORTHUMBERLAND AVENUE
AND A POINT OPPOSITE THE EAST CURB LINE
OF POULTNEY AVENUE
MASTEN DISTRICT
NO STANDING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies Your
Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the
agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing
there from the following: NO STANDING
PROHIBITED PORTION OF HIGHWAY
PROHIBITED PERIOD - DALLY
between Northumberland Avenue
and a point opposite the east curb line of
Poultney Avenue
This restriction was installed in 1956, at the eastern end of a railroad overpass which has since been taken down. This restriction
is no longer needed.
RECEIVED AND FILED
NO. 16
REPORT OF BIDS
TENNIS COURT IMPROVEMENTS
RIVERSIDE PARK
(NORTH)
I advertised on June 30, 2006 and have received the following bids for the construction of Riverside Park Tennis Court
Improvements, which were publicly opened & read on July 14, 2006.
American Paving
5880 Thompson Rd $23,175.00
Clarence Center, NY 14032
Del Prince and Sons
580 Cayuga Rd. $25,420.00
Cheektowaga, NY 14225
Thomann Asphalt $29,717.00
56 Gunnville Rd
Lancaster, NY 14088
1 hereby certify the foregoing is a true and correct statement of the bids received and that American Paving is the lowest
responsible bidder in accordance with the plans and specifications; and that the contract amount is $23,175.00 1 request
that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of
the low bids. Funds for this work will be available in Bond Fund number 39400106.
Mr. Bonifacio moved:
That the communication from the Department of Public Works, Parks and Streets, dated July 14, 2006 be received and filed and
That the Department of Public Works, Parks and Streets grant American Paving the Riverside Park Tennis Court improvements be approved.
Passed
AYES — 9 NOES — 0
NO. 17
CANISIUS COLLEGE;
ENCROACHMENT INTO
CITY RIGHT OF WAY
(MASTEN DISTRICT)
Mr. Kenneth C. Kruly, Director of Government Relations for Canisius College, has requested permission to encroach City
right of way on Jefferson Avenue with a parking lot guard booth.
The proposed guard booth would be situated at the Jefferson Avenue entrance to the existing parking ramp at Main and Jefferson.
The guard booth would encroach just 3 feet into City right of way in order to optimize the guard's view of the surrounding
area. Approximately ten feet of public sidewalk would remain.
The Department of Public Works, Parks and Streets has reviewed this request pursuant to Chapter 413- 67 (Encroachment
Regulations) of the City Charter and has no objection to Your Honorable Body authorizing the Commissioner to issue a "Mere
License" for installation of said guard booth provided the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits necessary.
2. That the guard booth be installed exactly as shown on plans submitted to and approved by the Division of Engineering.
3. That the applicant be responsible for maintenance of said guard booth as long as it remains within City right of way.
4. That the applicant supply the City of Buffalo a certificate of insurance, in an amount deemed sufficient by the Corporation
Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the
construction, maintenance, use and removal of said guard booth.
Mr. Bonifacio moved:
That the communication from the Department of Public Works, Parks and Streets, dated July 25, 2006 be received and filed and
That the Department of Public Works, Parks and Streets grant Canisius College a license for installation of guard booth be approved.
PASSED
AYES — 9 NOES —0
NO. 18
CHANGE IN CONTRACT
CITY HALL
FAGADE RESTORATION, PHASE I
JOB #0529
ELLICOTT DISTRICT
I hereby submit to Your Honorable Body the following changes for City Hall Fagade Restoration Phase I, Progressive & All State C92011101
1. Abate existing lead based paint from three (3) steel framed windows at observation tower; prime and paint same.
Add $ 5,909.58
The foregoing change results in a net increase in the contract of Five Thousand Nine Hundred None and 58/100 Dollars ($5,909.58)
Summary:
Current Contract Amount $3,464,200.00
Amount of This Change Order ( #3) Add $ 5,909.58
Revised Contract Amount $3,470.109.58
Costs have been reviewed by the Consulting Architect (DiDonato Associates) and the Department of Public Works, Parks & Streets and were found to be fair and
equitable. Funds for this work are available in 38320806 445100 - Buildings.
I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above.
Mr Bonifacio moved
That the communication from the Department of Public Works, Parks and Streets dated July 25, 2006 be received and filed and
That the Department of Public Works, Parks and Streets to change contract amount regarding fagade restoration, Phase 1 City Hall be approved
Passed
Ayes — 9 Noes — 0
NO. 19
CHANGE IN CONTRACT, CDBG FUND TRANSFER
CITY -WIDE SIDEWALK REPLACEMENT - 2006
P & J CONSTRUCTION CO., INC., GROUP #642
CONTRACT #92011001 - FILLMORE DISTRICT
I hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project. This change order
is necessary for curb /sidewalk replacement at the following locations:
1 hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project. This change order is
1. Sycamore - area bounded by: Walden; Bailey; William; Coit; Guilford
Contract Unit Estimated
Contract Unit Estimated
Estimated
Item Description Price Quantity
Cost
R05.204 Concrete Sidewalks - 4" Repl. $4 /sq.R. 16,000 sq.R.
$64,000
R07.104 Granite Curb -4" Repl. $35 /lin.R. 100 Iin.fl.
$3,500
R07.104R Granite Curb - 4" Radius Repl. $38Hin.R. 200 Iin.f¢.
$7,600
08.210 4" Underdrain $4din.ft. 300lin.fi.
$1,200
11.110 Hydrnseed $0.20 /sq.f 6,710 sq.ft.
$1,342
12.110 Maintenance & Protection of Traffic $2,000/1.s. Lump Sum 100%
$2,000
613.0101 Topsoil $50 /ca.yd. 74 cu.yd.
$3,700
8502.5014 Sawcut Pavement $3 /lin.tt. 300 Iin.ft.
$900
24608.50 Detectable Warning Surface $50 /sq.tt. 80 sq.R.
$4,000
680.620506 Conduit Rlgid Plastic, Class 1, 2" $6 /lln.tt. 300lin.tt.
$1,800
Total $90,042
Existing Contract Amount $897,468.20
Increase in Contract $ 90,042.00
Total Contract to Date $987,510.20
1 respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that
your Honorable Body approve the
subject Change order and authorize the Commissioner of Public Works to issue said change order to P & J Construction Co., Inc. Permission is
also requested for the transfer of CDBG funds into our Capital Projects Account #30032106.
Mr. Bonifacio moved:
That the communication from the Department of Public Works, Parks and Streets, dated July 25, 2006 be received and filed and
That the Department of Public Works, Parks and Streets to change contract amount regarding city -wide sidewalk
replacement P & J
Construction Co., Inc. be approved
.PASSED
AYES — 9 NOES — 0
NO. 20
CHANGE IN CONTRACT, CDBG FUND TRANSFER
CITY -WIDE SIDEWALK REPLACEMENT - 2006
P & J CONSTRUCTION CO., INC., GROUP #642
SOUTH DISTRICT
ITEM #14 OF CCP 10/04/2006
1 hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project. This change order is
necessary for curb /sidewalk replacement in the South District as per Counciimember Kearns letter dated June 26 2006.
Contract Unit Estimated
Estimated
Item Description Price Quantity
Cost
R05.204A Concrete Sidewalks Repl. (1 - 100 sq.fl.) $5 /sq.tt. 12,000 sq.fl.
$60,000
05.414 Sawcut Sidewalk Concrete ( </= 4 inch) $2 2,500 lin.ft.
$5,000
11.110 Hydroseed $0.20 /sq.fl. 25,000 sq.fi.
$5,000
613.0101 Topsoil $50 /cu.yd. 74 cu.yd.
$10,000
Total $80,000
Existing Contract Amount $385,530.86
Increase in Contract $80,000
Total Contract to Date
$465,530.86
respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your Honorable Body
approve the subject Change order end authorize the Commissioner of Public Works to issue said change order to P & J Construction Co.,
Inc. Permission is also requested for the transfer of CDBG funds into our Capital Projects Account #30032106.
Mr. Bonifacio moved:
That the communication from the Department of Public Works, Parks and Streets, dated July 25, 2006 be received and filed and
That the Department of Public Works, Parks and Streets to change contract amount regarding city -wide sidewalk replacement P & J Construction
Co., Inc. Group #642, South District be approved.
PASSED
AYES — 9 NOES — 0
NO. 21
CHANGE IN CONTRACT
FRIENDS TO THE ELDERLY
118 E. UTICA STREET
FLOORING REPLACEMENT
JOB #0518
MASTEN DISTRICT
Mr. Bonifacio moved:
That the communication from the Department of Public Works, Parks and Streets, dated July 25, 2006 be received and filed and
That the Department of Public Works, Parks and Streets to change contract amount regarding Friends to the Elderly be approved.
PASSED
AYES — 9 NOES — 0
NO. 22
CHANGE IN CONTRACT
RESURFACING OF CITY PAVEMENTS - 2006
GROUP #654
DESTRO BROTHERS CONCRETE CO., INC.
CONTRACT #92011127
$ 204,000.00
Existing Contract Amount $2,736,837.11
Increase in Contract $ 204,000.00
Total Contract to Date $2,940,837.11
1 respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your
Honorable Body approve the subject change order and authorize the Commissioner of Public Works to issue said change
order to Destro Brothers Concrete Co., from O & M Account # 13112006-443100.
Mr. Bonifacio moved:
That the communication from the Department of Public Works, Parks and Streets, dated July 25, 2006 be received and filed and
That the Department of Public Works, Parks and Streets to change contract amount regarding repair to City pavements, Thomaun Asphalt Paving Co., Inc.be
approved.
PASSED
AYES — 9 NOES —0
NO. 23
CHANGE IN CONTRACT
REPAIR TO CITY PAVEMENTS - 2006, GROUP #651
THOMENN ASPHALT PAVING CO., INC.
CONTRACT #920111 10 - DELAWARE DISLRICT
ITEM #26 OF CCP 05/03/2005
1 hereby submit to our Honorable Body the following unit price additions to the contract to complete repairs at the intersection of Parkside and
Florence,
Bids available for review in The City Clerk's Office
Original Contract $197,532.50
Increase in Contract $71,100.00
Total Contract to Date $268,632.50
Original Contract $197,532.50
Increase in Contract $71,100.00
Funds for this change are available in Division of Engineering Bond Fund Account #30032106 & #38310506.
1 respectfully certify that this change order is fair Total Contract end equitable for the work involved, and respectfully request that your
Honorable Body approve the subject Change to Date order and authorize the Commissioner of Public Works to issue said change
order to Themaun Asphalt Paving Co., Inc. $268,632.50 Permission is also requested fur the transfer of CDBG funds into our Capital Projects Account
#30032106.
Mr. Bonifacio moved:
That the communication from the Department of Public Works, Parks and Streets, dated July 25, 2006 be received and filed and
That the Department of Public Works, Parks and Streets to change contract amount regarding repair to City pavements, Thomann Asphalt
Paving Co., Inc.be approved.
PASSED
AYES - 9 NOES -0
NO. 24
CHANGE IN CONTRACT
SHOSHONE PARK
MAYOR'S IMPACT TEAM STORAGE GARAGE ADDITION
JOB #0531
UNIVERSITY DISTRICT
I hereby submit to Your Honorable Body the following changes for Shoshone Park, Mayor's Impact Team Storage Garage Addition, Miller
Enterprises, Inc., C #92011077.
1. Relocate Unit Heater Flue Add $423.00
2. Change joist spacing to 12" O.C. and 2 rows of solid bridging Add $1,631,000
3. Replace Hose bib with frost free unit Add $319.00
The foregoing change results in a net increase in the contract of Two Thousand Three Hundred Seventy Three and 00/100 Dollars ($2,373.00).
Summary Current Contract Amount $69,218.00
Amount of this Change order ( #2) Add $2,373.00
Revised Contract Amount $71,591.00
Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work
are available in 38320906 445100 - Division of Buildings.
I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor
as set forth above.
That the communication from the Department of Public Works, Parks and Streets, dated July 25, 2006 be received and filed and
That the Department of Public Works. , Parks and Streets to change contract amount regarding Shoeshone Park, to Miller Enterprises Inc be approved
PASSED
AYES - 9 NOES -0
NO 25
COMPLAINTS TOSH COLLINS CENTER
CCP# 52 7/11/06
Under the terms of the Inter - Municipal Cooperation Agreement between the City and Erie County, the items listed in Council Member Kearns' communication are
the responsibility of the County of Erie.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 26
DOG PARKS
ITEM NO. 47, C.C.P. 07/11/06
In order to build a fenced dog park in an existing City park, we would need to obtain the approval of the County of Erie, and if the dog park were in an Olmsted
Park, we would need to,
at a minimum, seek the approval of the Olmsted Conservancy. Funding would also need to be identified. Dog parks can
also be constructed on other City owned non - parklands, if funding is made available.
RECEIVED AND FILED
NO. 27
HANDICAP ACCESSIBILITY OF CITY PARKS
ITEM NO. 109, C.C.P. 07/11/06
This department will inspect City owned parklands to determine which sections, if any, are not accessible to persons with handicapping conditions. We will
estimate the cost of providing needed improvements, and we will add this request to our 2007 Capital Budget request.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 28
285 DELAWARE AVENUE
PLANTERS AND LIGHT BOLLARDS
WITHIN CITY RIGHT OF WAY
(ELLICOTT DISTRICT)
Mr. Brian T. Cook, R.A., of Uniland Development Company, has requested permission to encroach City right of way with planters and light bollards at 285
Delaware Avenue. Uniland Development Company (UDC) is currently building a four -story structure with 73,000 square feet of office and retail space at this
location. The planters and light bonards would be located in the sidewalk area of Delaware Avenue. There are 8 planters measuring 15'x 8' and 10 inches in
height. Each planter will contain three trees. There are 4 light bollards, 4 feet in height, 4 inches in diameter, and powered from the building.The Department of
Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413 -67 (Encroachment Regulations) of the City Charter and recommends that
Your Honorable Body refer this item to the Planning Board for the necessary site plan review and approval. If approved by the Planning Board and Your Honorable
Body the Commissioner will issue a "Mere License" for said encroachments provided the following conditions are met:
1. That UDC obtain any and all City of Buffalo approvals and /or permits necessary.
2. That the planters and light bollards be installed exactly as shown on plans submitted to and approved by the Department of Permit & Inspection
Services.
3. That UDC be responsible for maintenance of the planters and light bollards as long as they remain within City right of way.
4. That, in the event that the Commissioner of Public Works, Parks and Streets determines the encroachments must cease as a result of factors
effecting the health, safety and welfare of the public, or the needs of the City, said commissioner may order the immediate removal of the encroachments as
described in Chapter 413 -67(F) of the City Charter.
5. That UDC supply the Department of Public Works, Parks and Streets with a certificate of insurance, in an amount deemed sufficient by the
Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss or damage arising out of the construction, maintenance,
use or removal of said planters and light bollards.
Mr. Bonifacio moved:
That the communication from the Department of Public Works, Parks and Streets, dated July 25, 2006 be received and filed and
That the Department of Public Works, Parks and Streets to grant permission regarding installation of planters and light bollards at 285 Delaware Avenue be
approved.
PASSED
AYES — 9 NOES — 0
NO. 29
REQUEST FOR PERMISSION
FRIENDS TO THE ELDERLY
118 EAST UTICA STREET
FLOORING REPLACEMENT
ITEM NO. 38, CCP 09/06/0
On July 5, 2005 the City of Buffalo, Department of Public Works, Parks & Streets received bids for Friends to the Elderly, 118 East Utica Street, Floor
Replacement, and permission was granted by Your Honorable Body to enter into a contract with the low bidder, Spectra Contract Flooring of WNY.
Since that time, Heritage Contract Flooring LLC, purchased Spectra Contract Flooring of WNY from Shaw Industries, Inc. Heritage Contract Flooring has assumed
all liabilities and responsibilities of Spectra Contract Flooring. We therefore request approval of the assumption of the contract by Heritage Contract Flooring.
Mr Bonifacio moved
That the Common Council authorizes the Department of Public Works, Parks and Streets to enter into a contract with Spectra Flooring of WNY for floor
replacement at 118 East Utica Street
PASSED
AYES — 9 NOES —0
NO. 30
SEQRA ENVIRONMENTAL ASSESSMENT FORM RELATED TO THE ABANDONMENT AND SALE
OF A PORTION OF FULTON STREET AND ASSOCIATED ROADWAY AND UTILITY INFRASTRUCTURE ACTIVITIES
Enclosed for Your Honorable Body's review is a completed Part I Environmental Assessment Form with supporting information and documentation related to the
proposed abandonment and sale of a portion of Fulton Street and associated roadway and utility infrastructure activities, submitted pursuant to SEQRA.
REFERRED TO THE COMMITTEE ON FINANCE, CORPORATION COUNSEL, COMMISSIONER OF ECO DEVELOPMENT AND PERMITS AND
INSPECTIONS
FROM THE COMMISSIONER OF POLICE
NO. 31
QUALITY OF LIFE ISSUES
I am responding to a request from your Honorable Body dated July 11 m that was sent to the individual Citizen Preparedness Coordinators.
In June, a letter was forwarded to your Honorable Body from the Supervisor of our Citizen Preparedness Coordinators, Michele Graves, with whom I tasked to
coordinate with the Citizen Preparedness staff to assist your Honorable Body with the development of a model quality of life Center, and to research how to best
deal with quality of life issues without jeopardizing the current grant dollars that fund our Citizen Preparedness Initiative. The letter informed you that the Citizen
Preparedness Staff, along with Pamela Beal, Ph.D. (evaluator for the Citizen Preparedness Coordinator Program) have been meeting to develop a model quality
of life center as a result of the special Finance meeting that we attended on May 24, 2006.
This letter will serve as an update to that June letter, Citizen Preparedness staff members, along with Dr. Beal have been meeting since May. At their last meeting,
which was held a couple weeks ago, the group met with invited guests, Oswaldo Mestre and Tom Smith from the City's Division of Citizen Services. This meeting
was to continue brainstorming with individuals within the City who are familiar with the community in order to develop the type cf program that will best suit the
needs of all community stakeholders. In addition, our June !etter extended an invitation to the Council to suggest other stakeholders that should be included in
these planning discussions.
Directly after that last meeting, a request was made to meet with Buffalo Police Command Staffto review the draft model. Unfortunately, due to conflicting
schedules of all pertinent parties, the meeting had to be postponed until mid August. Once the August meeting takes place and the current draft is either amended
or approved, we will immediately forward the final document to your Honorable Body for consideration.
Should you need further clarification, please do not hesitate to contact me at 851 -4040.
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 32
CERTIFICATE OF APPOINTMENT
Appointment Effective: May 16, 2006 in the Department of: Police Division of: Detective Bureau to the Position of: Detective Sergeant Permanent Promotion at the
Flat Starting Salary of $62,423
John McGrath Jr, 149 Villa Maria, West Seneca, NY 14224
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 33
CERTIFICATE OF APPOINTMENT
Appointment Effective: May 16, 2006 in the Department of: Police Division of: Detective Bureau to the Position of: Detective Sergeant Contingent Permanent
Promotion at the Flat Starting Salary of $62,423
Sharon Acker, 5370 Seneca Street, West Seneca NY 14224
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF FIRE
NO. 34
APPARATUS FOR AUCTION
We are requesting council approval to send the following vehicle to auction:
Asset # FR -1 1982GMC Rescue Van
Mr. Bonifacio moved:
That the communication from the Department of Fire, dated July 25, 2006 be received and filed and
That the Department of Fire be granted permission to send the following vehicle, 1982 GMC Rescue Van Asset #FR -1 to auction be approved.\
PASSED
AYES — 9 NOES — 0
NO. 35
APPARATUS FOR SCRAP
We are requesting council approval to scrap the following vehicles as they are dilapidated and of no value:
ASSET # MAKE /MODEL REASON
F -148 1991 Chew Wagon rotted frame
F -155 1984 Jeep Wagoneer badly rotted /bad transmission
Mr. Bonifacio moved:
That the communication from the Department of Fire, dated July 25, 2006 be received and filed and
That the Department of Fire be granted permission to scrap the following vehicles, 1991 Chevy wagon and 1984 Jeep Wagoneer to be scrapped be approved.
PASSED
AYES — 9 NOES — 0
NO. 36
CITY OWNED VEHICLE INSCRIPTION
REF. SEC. 348 OF CH. VI
CHARTER AND ORDINANCES OF THE
CITY OF BUFFALO
I hereby request that City of Buffalo Fire Department passenger vehicles utilized by the Commissioner of Fire, Deputies (3), Planning Officer, Chief of Special
Operations and Arson Investigators (2) remain unmarked for the following reasons:
Distinguishing features of these vehicles are the license plates which reads "Official Vehicle"
Arson Investigators perform case related undercover surveillance work
Monitoring of sick /injured personnel
Provide stealth and anonymity
Inconspicuous monitoring of personnel /activities
Unmarked vehicles driven by Buffalo Fire Department Headquarters Staff aids in the oversight of department personnel.
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 37
LADDER/EQUIPMENT AUCTION
I hereby request permission from your Honorable Body to hold an auction for the following items that are no longer utilized by the Fire Department.
Various ladders (34)
Drill press (2)
Mr. Bonifacio moved:
That the Fire Department be allowed to hold an auction for 34 Various Ladders and 2 Drill Presses as per the request of the Deputy Fire commissioner.
PASSED
AYES -9. NOES -0.
FROM THE CORPORATION COUNSEL
NO. 38
LOCAL LAW INTRO. NO. 13 (2006)
EMPIRE ZONES #38
(ITEM NO. 93, C.C.P., JULY 11, 2006)
Dear Mr. Chwalinski:
In response to your inquiry, please be advised that this Local Law is not subject to mandatory referendum because the subject matter is not enumerated in the
Municipal Home Rule Law as a category requiring a referendum.
RECEIVED AND FILED.
NO. 39
MUNICIPAL CODE VIOLATIONS BUREAU
Your Honorable Body has asked the Bureau of Administrative Adjudication to file a monthly report indicating the total number of violations cited by the violation
type for each department, division and /or office charged with issuing violation notices. Attached is the requested report for violations cited during the month of June
2006. As you can see from the report, the various departments issued 1,623 summonses during the month of June.
REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS.
NO. 40
CERTIFICATE OF APPOINTMENT
Appointment Effective July 10, 2006 in the Department of Law, Division of Law, to the position of Assistant Corporation Counsel II, Temporary, at the maximum
starting salary of $69,357.00. Ms. Fleming has more than 10 years experience practicing Law in New York State. She has extensive legal experience in both
private and public practice including work at the Rochester Public Defenders office and three separate private law firms. Her experience includes extensive
litigation and courtroom experience.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT & INSPECTION SERVICES
NO. 41
FOOD STORE LICENSE
405 AMHERST ST (NORTH)
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
405 Amherst St 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 communication from the Department of Economic Development, Permits & Inspection Services, dated July 13, 2006 be received and filed; and
That the Department of Economic Development, Permits & Inspections Services be granted permission to grant a Food Store License to 405 Amherst Street.
PASSED.
AYES -9. NOES -0.
NO. 42
FOOD STORE LICENSE
232 FERRY WEST (NIAGARA)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at
232 Ferry West 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 communication from the Department of Economic Development Permit & Inspection Services, dated July 25, 2006 be received and filed and
That the Department Economic Development Permit & Inspection Services be granted permission to grant food store license to 232 West Ferry Street (Niagara)
be approved.
Passed
AYES -9. NOES -0.
NO. 43
FOOD STORE LICENSE
1234 FILLMORE (MASTEN)
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
1234 Fillmore 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. 44
FOOD STORE LICENSE
170 HAMPSHIRE (NIAGARA)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at
170 Hampshire 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 communication from the Department of Economic Development Permit & Inspection Services, dated July 25, 2006 be received and filed and
That the Department Economic Development Permit & Inspection Services be granted permission to grant food store license to 170 Hampshire Street (Niagara) be
approved.
PASSED.
AYES -9. NOES -0.
NO. 46
FOOD STORE LICENSE
166 JEFFERSON (ELLICOTT)
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
155 Jefferson and found 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 Food Store License application of Musaid Mozahem at 155 Jefferson Avenue be approved.
PASSED
AYES -9. NOES -0.
NO. 46
FOOD STORE LICENSE
210 PORTER (NIAGARA)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Food Store License located at
210 Porter 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 communication from the Department of Economic Development Permit & Inspection Services, dated July 25, 2006 be received and filed and
That the Department Economic Development Permit & Inspection Services be granted permission to grant food store license to 210 Porter be approved.
Passed
AYES -9. NOES -0.
NO. 47
FOOD STORE LICENSE
729 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
729 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. Please be further advised the Office of Licenses is placing a condition on this License. The owner /operator
of 729 Sycamore has thirty (30) days from his Adjudication Hearing to satisfy his ticket. In the event he does not satisfy the Adjudication ruling, legal action will
commence by this Office. This request is submitted for your approval or whatever action you deem appropriate.
Mr. Bonifacio moved:
That Abdul Fahah Majid's application for a Food Store License at 729 Sycamore is hereby approved.
PASSED.
AYES -9. NOES -0.
NO. 48
LEASE OF BUFFALO GENERAL HOSPITAL RAMP
Attached for your review and consideration for approval is a form of lease between the Buffalo Niagara Medical Campus, Inc. ( "BNMC "), having an office at 701
Ellicott Street, Suite 401, Buffalo, New York, and the City of Buffalo, having an office at 201 City Hall, Buffalo, New York 14202 (the "City ") for the Buffalo General
Hospital Ramp located at Ellicott and Goodrich Streets on the Medical Campus. A proposed amendment to Section 133 -12 of the Buffalo City Ordinances has also
been submitted to your Honorable Body in order to enable the City to enter into the lease
The BNMC is dedicated to the cultivation of a world -class medical campus for clinical care, research, education and entrepreneurship in downtown Buffalo, New
York. The City owns a parking ramp within the BNMC area, located at Ellicott Street and Goodrich Street, adjacent to Buffalo General Hospital (the "Ramp "). The
City and BNMC both would like for the public to be provided with access to an integrated parking system within the Medical Campus. The parties therefore desire
for BNMC to enter into a lease with an option to purchase the Ramp from the City for a mutually agreed upon price. The following is a general description of the
provisions of the lease agreement:
1. The term of the lease willl be for five (5) years, commencing on or about September 15, 2006. BNMC will be granted the right to renew the lease for two (2)
additional five (5) year terms.
2. The BNMC will pay the City $130,000 per annum in order to lease the Ramp. This sum will be paid in equal monthly installments to the City of Buffalo General
Fund.
3. The BNMC will be responsible for any and all real estate taxes, sales taxes, or other taxes related to the Ramp, and will be obligated to procure and pay for all
insurance needed for the operation of the Ramp.
4. During the lease, the BNMC will have the option of buying the Ramp for a price to be mutually agreed upon by the parties.
5. In the event that the Gross Revenue from Ramp operations generates between $515,000 - $560,000 5% will go to City of Buffalo General Fund, between
$560,000- $600,000 10% will go to City of Buffalo General Fund and over $600,000 20% will go the City of Buffalo General Fund.
6. On an annual basis, the BNMC will present recommendations to the City of Buffalo Parking Board for all necessary capital improvements.
7. The Ramp will become part of the overall BNMC parking system. The BNMC and any management partner retained by the BNMC will be responsible for
overseeing the day to day operations of the Ramp.
8. Until a formal lease is entered into between the parties, the City will not entertain or conduct any discussions or negotiations with any other parties concerning
the ownership or leasing of Ramp without the prior written consent of the BNMC.
9. The City will be responsible for all capital improvements and structural repairs to the Ramp.
10. The BNMC will be responsible for day to day operating expenses and ordinary wear and tear of the Ramp.
REFERRED TO THE COMMITTEE ON FINANCE, CORPORATION COUNSEL & BOARDOF PARKING.
NO. 49
REQUIRE CITY LICENSE FOR CHECK CASHING SERVICES
ITEM 102 CCP JUNE 27, 2006
1 am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information in reply to # 102 CCP
June 27, 2006: "Require City License for Check Cashing Services."
I am replying to the resolution that requests a City license to operate a check cashing service. I have discussed this item with Corporation Counsel Lukasiewicz.
Her office will be researching this matter to determine if it is legal to create such a licensing program by local law.
If it is permissible for the City to enact a program of this type, my office will work with the Corporation Counsel to establish a licensing program that will be efficient
and affordable.
My goal would be to require all applicants to pay a fee of sufficient size to cover the costs of processing the license, conducting investigations, prosecuting cases
as warranted and enforcing judgments.
We do not at this time know how many check cashing businesses operate in the City of Buffalo. This research should be part of the process by which this proposal
is studied.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 50
SIDEWALK CAFE LICENSE -
199DELAWARE (ELLICOTT)
The Common Council approved a sidewalk cafe for the restaurant located at 199 Delaware on September 18, 2001 (C.C.P. #169). The restaurant, formerly known
as Queen City Lounge, is now owned by Christopher Wahl. Mr. Wahl has requested permission to install a similar oaf& 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.
Mr. Bonifacio moved:
That the sidewalk cafe license application for Christopher Wahl at 199 Delaware (Ellicott) be approved.
PASSED.
AYES -9. NOES -0.
NO 51
USED CAR DEALER
1625 FILLMORE (MASTEN)
Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car Dealer License located
at 1625 Fillmore and find that as to form is correct. I have caused an investigation into the premises for which said application for a used car dealer license is being
sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all regulations and other
applicable laws. I have caused an investigation by the Police Department into the moral character of Timothy Newkirk The attached thereto for Timothy Newkirk
d /b /a Newkirk Enterprises. This request is submitted for your approval or whatever action you deem appropriate.
Mr. Bonifacio moved:
That Timothy Newkirk's application for a used car dealer license at 1625 Fillmore be hereby approved.
PASSED.
AYES -9. NOES -0.
FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE & URBAN AFFAIRS
NO. 62
AUCTION /SCRAP
THE DIVISION OF PURCHASE IS REQUESTING PERMISSION BY MEANS OF AUCTION OR SCRAP TO
DISPOSE OF THE FOLLOWING EQUIPMENT IN THE DEPARTMENT OF FIRE:
F -123 1982 CHEV PU
F -166 1993 BUICK
F -502 1992 C HEV WAGON
F -503 1993 CHEV
S -101 -F 1991 CHEV
F- 1481991 CHEVY
F -155 1984 JEEP
SEVERAL OBSOLETE LADDERS.
Mr. Bonifacio moved:
That the communication from the Department of Administration and Finance, dated July 25, 2006 be received and filed, and
That the Department of Administration and Finance be granted permission to auction or scrap equipment in the Department of Fire be approved.
PASSED.
AYES -9. NOES -0.
NO. 63
REQUEST APPROVAL TO SUBMIT A SUPPLEMENTAL FOR PAYMENT OF A SUM EQUAL TO THE DIFFERENCE BETWEEN WAGES AND
COMPENSATION BENEFITS
KEITH PARKER, LABORER II
DIV. OF INV. & STORES
AFSCME LOCAL 264
Keith Parker, a Laborer II in the Division of Inventory & Stores has been on Worker's Compensation from 12/26/2005 thru present. Pursuant to the City Ordinance,
Chapter 35, Article VI, Sec. 22, each employee is entitled to a difference in pay allowance under provision of the Workers Compensation Law for a period not to
exceed 6 months.
Therefore, Mr. Parker is entitled to a difference in pay as follows:
The regular salary for 10 days: $1066.40
Minus: Federal Income Tax: 127.71
NYS Income Tax: 37.95
FICA: 66.12
Medicare: 15.46
Total Deductions: 246.84 = $819.56/10 = $81.96 Adjusted
Daily Rate.
81.96' 130 days (six months) _ $10654.80. Keith was paid $7134.87 in Compensation for the six months (130 days) period of December 26, 2005 - June 23,
2006 leaving a six month Difference in Pay balance of $3519.93.
1 request that Your Honorable Body authorize Payroll Audit to process payment to Keith Parker in the amount of $3519.93.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE, COMPTROLLER, COMMISSIONER OF HUMAN RESOURCES.
NO. 64
CERTIFICATE OF APPOINTMENT
Appointment Effective July 17, 2006 in the Department of Administration, Finance & Urban Affairs, Division of Parking Enforcement, to the position of Parking
Enforcement Officer, Permanent, at the intermediate starting salary of $26,504.
Ronald J. Christopher 11
183 Grote Street
Buffalo, NY 14207
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF HUMAN RESOURCES
NO. 66
BENEFITS MANAGER POSITION
I herby withdraw the appointment of Donna Clark to the position of Benefits Manager. Due to personal reasons, Ms. Clark is not able to accept the position.
RECEIVED AND FILED.
NO. 66
NEW YORK STATE DEPARTMENT OF LABOR
OCCUPATIONAL SAFETY AND HEALTH TRAINING PROJECT 06 -104
CONTRACT NUMBER C012067
The City of Buffalo has been successful in obtaining grant funds for an employee Safety and Health Training Program through the New York State Department of
Labor- Contract Number C012057. The amount of the grant award is $72,000. There is no City match involved with this grant.
Estimates of the financial impact on the City of Buffalo in direct costs and lack of productivity due to employee injury over the past several years exceeds $50
million. The safety training grant was sought in order to protect our employees by training them to prevent injury and also to mitigate the costs associated with
injury.
The funds are to be used by the Department of Human Resources for an employee safety- training program to be conducted by Erie Community College for
workers in each city department including the Common Council and City Clerk. Sessions will provide training to individuals for proper techniques and use of
appropriate equipment in carrying out their work responsibilities. The following topics will be covered in training sessions: Back injury, slips and falls, job stress,
repetitive motion, protective equipment, ergonomics, workplace violence, emergency response and preparedness, hazard communication, indoor air quality, and
forklift safety.
In addition, a safety committee has been established not only to participate in training sessions, but more importantly to monitor the program to ensure maximum
compliance and benefit and to determine areas that may be included in future grant applications
I am therefore requesting permission from your Honorable Body for the City of Buffalo to accept grant funds from the New York State Department of Labor, to
authorize execution of all necessary agreements to implement this grant, and to set up account receivable for this purpose.
Mr. Bonifacio moved:
That the Department of Human Resources is hereby authorized to accept a grant from the New York State Department of Labor in the amount of $72,000 for
Occupational Safety and Health training Project.
PASSED.
AYES -9. NOES -0.
NO. 57
RESIDENCY WAIVER
H. MCCARTHY GIPSON
I hereby approve an extension of the residency waiver for Police Commissioner H. McCarthy Gipson, until August 18, 2006, giving him a maximum of six (6)
months as allowed in the City Charter.
Mr. Bonifacio moved:
That the communication from the Department of Human Resources, dated July 12, 2006 be received and filed and
That the Department of Human Resources be granted permission to approve residency for Police Commissioner H. McCarthy Gipson be approved.
PASSED
AYES —9 NOES —0
NO. 58
CERTIFICATE OF APPOINTMENT
Appointment Effective July 17, 2006: in the Department of Human Resources Division of Employee Relations to the Position of Secretary to the Commissioner of
Human Resources Permanent, Appointment Flat Starting Salary of $29,138
Natasha Robertson 92 Humason Ave Buffalo, NY 14211
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE BUFFALO SEWER AUTHORITY
NO. 59
BUFFALO SEWER AUTHORITY
FULTON STREET AREA SEWER LINE USE
In reply to your letter of July 18, 2006 regarding the impact of the casino as it pertains to sewer, please be advised that the sewer infrastructure that is in place
was built at a time when our city had a greater population than it does now. In particular, the area in question, because it was part of a large industrial corridor,
would have more than adequate infrastructure to convey the waste generated by a new casino and surrounding development. In addition, the treatment plant's
design capacity can handle any increased flows generated by the casino.
If you have any questions, please call me at 851 -4664.
REFERRED TO TH E COMMITTEE ON FINANCE, COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
FROM THE CITY CLERK
NO. 60
LIQUOR LICENSE APPLICATIONS
Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control Board.
Address Business Name Owners Name
317 Hopkins St Hopp Inn Inc Hop Inn LLC
242 Allen St Adam Goetz Adam Goetz
RECEIVED AND FILED
NO 61
LEAVES OF ABSENCE WITHOUT PAY
I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various departments as listed:
Police- Edwin Garrist Debra Cordone
Fire — Jimmie Pilcher
RECEIVED AND FILED.
NO. 62
REPORTS OF ATTENDANCE
I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the membership attendance at their
respective meetings:
Buffalo Sewer Authority
RECEIVED AND FILED.
NO. 63
NOTICES OF APPOINTMENT — COUNCIL INTERNS
I transmit herewith appointments to the position of Council Intern
Mr. Bonifacio moved the approval of the appointments to the position of Council Intern.
ADOPTED
Certificate of Appointment
Appointment Effective: July 24, 2006 in the Department of Common Council Division of University District to the Position of Intern IV Seasonal Non -
Competitive Flat Starting Salary $6.75
Ricky Ruiz Castro 303 Jersey St Buffalo, NY 14201
Melvin Banks Jr 1256 Fillmore Ave Buffalo, NY 14211
Marquel Alexander 118 Dunlop Ave Buffalo, NY 14215
Jessica Walker 520 Winspear Ave Buffalo, NY 14215
Takara Aldridge 119 Hewitt Ave Buffalo, NY 14215
Certificate of Appointment
Appointment Effective July 19, 2006 in the Department of Common Council Division of Masten District to the position of Intern V Seasonal, Non - Competitive Flat
Starting Salary of $8.00
Odease Brown 175 Prospect Ave Buffalo, NY 14201
Certificate of Appointment
Appointment Effective: July 12, 2006 in the Department of Common Council Division of South District to the Position of Intern II Seasonal, Non - Competitive Flat
Starting Salary of $6.75 Mary Panek 23 Britt Buffalo, NY 14220
Morgan Gress 81 Choate Ave Buffalo, NY 14220
Bartholomew Simon 50 Pomona Place Buffalo, 14220
Certificate of Appointment
Appointment Effective: July 10, 2006 in the Department of Common Council to the position of Intern II Seasonal Non - Competitive Flat Starting Salary of $6.75
Philip Lowrey Jr 553 Fillmore Ave Buffalo NY 14212
Shalanda Ryder 383 Guilford St Buffalo, NY 14211
Gregory Simonick 74 Leddy St Buffalo, NY 14210
LeighAnn Simonick 110 Alabama St Buffalo, NY 14204
Chris Senical 90 Jones St Buffalo, NY 14206
Certificate of Appointment
Appointment Effective: July 10, 2006 in the Department of Common Council Division of Fillmore District to the position of Intern II Seasonal Non - Competitive Flat
Starting Salary of $6.75
M Clair Franczyk 70 Clarendon PI Buffalo, NY 14209
M Natalie Franczyk 70 Clarendon PI Buffalo, NY 14209
Certificate of Appointment
Appointment Effective: July 5, 2006 in the Department of Common Council Division of Ellicott District to the position of Intern V Seasonal Non - Competitive Flat
Starting Salary of $8.00
Reggie Brown 112 Ivy Street Upper Buffalo, NY 14211
Certificate of Appointment
Appointment Effective: July 5, 2006 in the Department of Common Council Division of Ellicott District to the position of Intern II Seasonal Non - Competitive Flat
Starting Salary of $6.75
Sean Tulumello 137 Parkside Ave Buffalo, NY 14214
Elyse Woods 230 Swan St Buffalo, NY 14204
Kiana Byrd 111 Greenfield St Buffalo, NY 14211
Larthonia Redden 60 Lemon St Buffalo, NY 14204
Delorian Morrell 188 Jewwtt Pkwy Buffalo, NY 14214
Matthew Bonn 218 Summit Ave Buffalo, NY 14215
Reginald Martin Jr 26 Arden Buffalo, NY 14215
Tamar Redden 60 Lemon St Buffalo, NY 14204
Noel Rodgriguez 50 Knox Ave Buffalo, NY 14216
Lionell Jones Jr 715 Amherst St Buffalo, NY 14216
Certificate of Appointment
Appointment Effective: July 3, 2006 in the Department of Common Council Division of Fillmore District to the position of Intern VI Seasonal Non - Competitive Flat
Starting Salary of $10.00
James Brem 921 Main St Buffalo. NY 14203
No. 64
Notices of Appointment — Council Interns
I transmit herewith appointments to the position of Council Intern
Mr. Bonifacio moved the approval of the appointments to the position of Council Intern.
ADOPTED
Appointment Effective July 24, 2006 in the Department of Common Council, University District, to the position of Intern VI, Seasonal, Non - Competitive, at the flat
starting salary of $6.75/hr.
Phylicia R. Thomas
154 Berkshire Avenue
Buffalo, NY 14215
Appointment Effective July 24, 2006 in the Department of Common Council, University District, to the position of Intern VI, Seasonal, Non - Competitive, at the flat
starting salary of $8.00 /hr.
Cecil H. People
25 W. Utica St.
Buffalo, NY 14209
No. 66
Appointments — Mayor's Youth Opportunity & Employment
I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs
RECEIVED AND FILED
Certificate of Appointment
Appointment Effective July 5, 2006 in the Department of Community Services & Recreational Programming Division of Youth to the Position of Intern II Seasonal
Non - Competitive Flat Starting Salary of $6.75
Rebecca Kindred 54 Evelyn St Buffalo, NY 14207
Thomas Lee 62 Chadduck Buffalo, NY 14207
Mark Jones 83 Rounds Buffalo, NY 14215
Robert Kindred 18 Malsch Buffalo, NY 14207
Artis Green 406 Bird Buffalo, NY 14213
Stephen Howard 434 Starin Buffalo, NY 14216
Samantha French 38 Sunset Buffalo, NY 14207
Julio Garcia 535 Fourth Buffalo, NY 14201
Dijon Dunovant 240 Comstock Buffalo, NY 14215
Amanda Fanara 359 Bird Buffalo, NY 14213
Tracy Dari 51 Chadduck Buffalo, NY 14207
Amy Domiano 163 Esser Buffalo, NY 14207
Beaonca Burnell 527 Shirley Buffalo, NY 14215
Daniel Candelario 71 Shoshone Buffalo, NY 14214
Katie Battle 64 Fuller Buffalo, NY 14207
Tiffany Bryant 484 Normal Buffalo, NY 14213
Stephanie Arroyo 163 Fargo Buffalo, NY 14201
Lashanir Autry 91 -D Jasper Parrish Buffalo, NY 14207
Kevin Currie 62 Sumner Place Buffalo, NY 14211
Thomas Barnes 57 Tuscarora Buffalo, NY 14220
Sylvia Blackwell 54 New Amsterdam Buffalo, NY 14216
Adrian Benton 131 William Price Parkway Buffalo, NY 14214
Eamon Doyle 54 Revere Place Buffalo, NY 14214
Amelia Fernandez 106 Fargo Ave Buffalo, NY 14201
Magdolina Fernandez 106 Fargo Ave Buffalo, NY 14201
Lauren Jackson 137 Blaine Ave Buffalo, NY 14208
Teonie Jackson 527 Northland Buffalo, NY 14211
Anthony Jones 302 William St Buffalo, NY 14204
Richand Lucas 73 Strauss St Buffalo, NY 14212
Kevin Peterson Jr 120 Bickford Ave Buffalo, NY 14215
Roseann Pomaranski 63 Claremont Ave Buffalo, NY 14222
Nolan Skipper 89 Crystal Ave Buffalo, NY 14220
Jason Tyson 139 Blaine Ave Buffalo, NY 14208
David Turley Jr 454 Jefferson Ave Buffalo, NY 14204
James Harris 76 W Parade Ave Buffalo, NY 14208
Tiffany Johnson 110 Wright Ave Buffalo, NY 14215
West Richter Jr 220 Rhode Island St Buffalo, NY 14220
Kellianne Roessler 24 Red Jacket Parkway Buffalo, NY 14220
Anthony Thomas 11 350 Minnesota Ave Buffalo, NY 14215
Marcus White 937 Amherst St Buffalo, NY 14216
Mallory McManus 223 Dearborn St Buffalo, NY 14207
LaKendra Mitchell 330Herman St Buffalo, NY 14211
Robert Blue 50 Harriett Buffalo, NY 14215
Dominique Burruss 289 Phyllis Ave Buffalo, NY 14215
Brianna Jackson 137 Blaine Ave Buffalo, NY 14208
Andrea Salter 321 Hastings Ave Buffalo, NY 14215
Tyler Baugh 252 Humboldt Parkway Buffalo, NY 14214
Nathan Beck 432 Ideal St Buffalo, NY 14206
Randall Billups 11 321 Phyllis Ave Buffalo, NY 14215
Deurell Brown 111 Wright Ave Buffalo, NY 14215
Miles Chapman -Davis 186 Howard St Buffalo, NY 14206
Louis Chestnut 59 Monroe Buffalo, NY 14215
Camellia Clemons 370 Hewitt Ave Buffalo, NY 14215
Maria Drewitt 11 Brunswick Buffalo, NY 14208
Kevin Gallagher 141 Carlyle Ave Buffalo, NY 14220
Barbara Hawkins 46 Connelly Ave Buffalo, NY 14215
James Hines 32 Victoria Buffalo, NY 14214
Devon Ivey 126 Huntley Rd Buffalo, NY 14215
Xavier Jemison 14 Roslyn Buffalo, NY 14211
Oscar Lewis 109 Proctor Ave Buffalo, NY 14215
Melissa Lippa 31 Woeppel St Buffalo, NY 14211
Marc Luko 3172 Bailey Ave Buffalo NY 14215
Michael McCarthy 61 Cushing PI Buffalo, NY 14220
Brittnany Middlebrooks 260 Millicent Ave Buffalo, NY 14215
Prentise Moss 169 Ericson St Buffalo, NY 14215
Tyrell Oden 77 St Marys Rd Buffalo, NY 14211
Erik Prophet 207 Highgate Ave Buffalo, NY 14215
Martin Russell 10 Blaine Ave Buffalo, NY 14208
Devin Stanford 362 Northland Ave Buffalo, NY 14208
Jerrold Williams 91 Beverly Rd Buffalo, NY 14208
Ashley Thomas 187 Carl St Buffalo, NY 14215
Kedkara Thomas 614 Highgate Ave Buffalo, NY 14215
Melissa Swinnich 18 Gold Buffalo, NY 14206
Shameena Washington 95 Crestwood Buffalo, NY 14216
Kellie Schmit 138 Newfield Buffalo, NY 14207
Ashley Shelvay 2317 Niagara Buffalo, NY 14207
Sarah Pleuthner 114 Chadduck Buffalo, NY 14207
Kaitlyn Riley 16 Short Buffalo, NY 14207
James McDonald 230 Thompson St Buffalo, NY 14207
Jonathan Marquez 66 Page Buffalo, NY 14207
Certificate of Appointment
Appointment Effective July 5, 2006 in the Department of Community Services & Recreational Programming Division of Youth to the Position of Intern III Seasonal
Non - Competitive Flat Starting Salary of $8.15
Stephen Barker 619 Bird Ave Buffalo, NY 14222
Lee Davis 11 Hollowary Blvd Buffalo, NY 14209
Brian Harper 34 Orchard Place Buffalo, NY 14214
Jessica Turley 39 Capen Blvd Buffalo, NY 14214
Brittney Truesdale 98 Arden Ave Buffalo, NY 14215
Michael Woods 31 Horton Place Buffalo, NY 14209
Victoria Hayes 383 Dartmouth Ave Buffalo, NY 14215
Justin Oliver 62 Oakgrove Ave Buffalo NY 14208
Louis Eve 41 Dignity Circle Buffalo, NY 14211
NO. 66
APPOINTMENTS — MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT
I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs
RECEIVED AND FILED
Certificate of Appointment
Appointment Effective July 17, 2006 in the Department of Community Services Division of Youth to the Position of Intern II Seasonal Non - Competitive Flat Starting
Salary of $6.75
Elisa Jagodzinski 81 Richfield Buffalo, NY 14220
Brian Durham 67 Riverview Buffalo, NY 14220
Colin Danahy 321 Potter Rd Buffalo, NY 14220
Amanda Pecoraro 100 Heussy Buffalo, NY 14220
Kelsey Bartosz 84 Heussy Buffalo, NY 14220
Daniel Martino 203 Potters Rd Buffalo, NY 14220
Joseph Long 31 Olcott Buffalo, NY 14220
Certificate of Appointment
Appointment Effective July 10, 2006 in the Department of Community Services Division of Youth to the Position of Intern V Seasonal Non - Competitive Flat Starting
Salary of $8.00
Donald Thomas 6219 Starin Ave Buffalo, NY 14213
Patricia Slaughter 240 Wilson St Buffalo, NY 14212
Howard Brackett 111 78 Monticello PI Buffalo, NY 14214
Tracey Mullen 223 Winslow Ave Buffalo, NY 14215
Alonzo Barnes 511 Cambridge Ave Buffalo, NY 14215
Certificate of Appointment
Appointment Effective July 10, 2006 in the Department of Community Services Division of Youth to the Position of Intern II Seasonal Non - Competitive Flat Starting
Salary of $6.75
Byron Brown 14 Blaine Ave Buffalo, NY 14208
Daniel Gallagher 47 Dempster Buffalo, NY 14206
Robert Allen 76 Benwood Buffalo, NY 14214
Rita Agostino 306 Harttwell Buffalo, NY 14216
Joshua Barnes 334 Lasalle Buffalo, Ny 14215
Kittrella Whitlock 119 William Price Buffalo, Ny 14215
Jacqueline Wozniak 5 Wildwood Buffalo, NY 14210
Branden Bellamy 46 McCarthy Buffalo, NY 14211
Mahawa Chelley 67 Maryner Homes Buffalo, NY 14201
Sean Smith 114 Arden Ave Buffalo, NY 14215
Kevin Ford 201 Carl St Buffalo, NY 14215
Angle Rodriguez 124 18 St Buffalo, NY 14213
Bobby Boyd 501 Winspear Ave Buffalo, NY 14215
Broderick Robinson 97 Reed St Buffalo, NY 14212
Joi Robinson 97 Reed St Buffalo, NY 14212
Monterio Hinkle 19 Donaldson Rd Buffalo, NY 14208
Precious Scott 330 Florida St Buffalo, NY 14208
Danielle Jackson 137 Blaine Ave Buffalo, NY 14208
Malcolm Lott 691 Humboldt Pkwy Buffalo, NY 14208
Michelle Fortson 27 Girard PI Buffalo, NY 14211
Latoya Burnett 76 Rickert Ave Buffalo, NY 174211
Irene Cardwell 47 Thornton Ave Buffalo, NY 14215
George Stokes 183 Weston Ave Buffalo, NY 14215
Shakora Purks 189 Hughes Ave Buffalo, NY 14208
Monique Prince 128 Durham Ave Buffalo, NY 14215
Dominique Matthews 104 Virgil Ave Buffalo, NY 14216
Felicia Towers 34 Viola Park Buffalo, NY 14208
Erin Riles 798 Glenwood Ave Buffalo, Ny 14208
Jasmine Wofford 46 Pansy PI Buffalo, Ny 14208
Moriah Kelly 495 Woodlawn Ave Buffalo, NY 14208
Deurell Brown 111 Wrighrt Ave Buffalo, NY 14215
Alexandrea White 84 Avery Ave Buffalo, NY 14216
Danielle Grist 4741 Sherman St Buffalo, NY 14211
Broderick Robinson 97 Reed St Buffalo, NY 14212
Joi Robinson 97 Reed St Buffalo, NY 14212
Candi Herbert 207 Orlanda St Buffalo, NY 14210
Tanya kulesza 21 Klaus St Buffalo, NY 14206
Brian Garner 184 Wakefield Ave Buffalo, NY 14214
Tyrie Hames 353 French Buffalo, NY 14211
Victor Victori 189 Maurice St Buffalo NY 14210
Certificate of Appointment
Appointment Effective July 5, 2006 in the Department of Community Services & Recreational Programming Division of Youth to the Position of Intern II Seasonal
Non - Competitive Flat Starting Salary of $6.75
David Broadnax 400 East Ferry Buffalo, NY 14208
Larthonia Redden 60 Lemon St Buffalo, Ny 14204
Delorian Morrell 188 Jewitt Pkwy Buffalo, NY 14214
Noel Rodriguez 50 Knox Buffalo, NY 14216
Tamar Redden 60 Lemon St Buffalo, Ny 14204
Reginald Martin Jr 26 Arden Buffalo, NY 14215
Lionell Jones Jr 716 Amherst Buffalo, NY 14216
Matthew Bonn 218 Summit Ave Buffalo, NY 14215
Elyse Woods 230 Swan Buffalo, NY 14204
Sean Tulumello 137 Parkside Ave Buffalo, NY 14214
Kiana Byrd 111 Greenfield St Buffalo, NY 14214
Robert Quintana- Castro 303 Jersey Buffalo, NY 14213
Rebecca Roman 225 West Buffalo, NY 14201
Regina Pendergrass 348 Newburgh St Buffalo NY 14215
Certificate of Appointment
Appointment Effective July 10, 2006 in the Department of Community Services Division of Youth to the Position of
Intern V Seasonal Non - Competitive Flat Starting Salary of $8.00
Ada Hopson - Clemons 56 Courtland Ave Buffalo,NY 14215
Lillian Henderson 100 Wakefield Ave Buffalo, NY 14215
Alvin Thomas 59 Landon St Buffalo, NY 14208
Gwen Neal 152 Warwick Ave Buffalo, NY 14215
NO. 67
Notices of Appointments Seasonal /Flat
I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments.
RECEIVED AND FILED
Certificate of Appointment
Appointment Effective July 17, 2006 in the Department of Public Works, Parks and Streets Division of Water to the position of Clerk Seasonal Non - Competitive at
the Flat Starting Salary of $8.15
Bonita Brown 100 Lockwood Ave Buffalo, NY 14220
Certificate of Appointment
Appointment Effective July 19, 2006 in the Department of Public Works, Parks and Streets in the Division of Engineering to the position of Laborer II Seasonal
Non - Competitive at the flat starting salary of $8.15
Joshua Albrecht 98 Putnam St Buffalo, NY 14213
Certificate of Appointment
Appointment Effective July 17, 2006 in the Department of Public Works, Parks and Streets Division of Streets to the position of Laborer II Seasonal Non -
Competitive at the Flat Starting Salary of $8.15
George Davis 403 South Division St Buffalo, NY 14204
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
NO. 68
PROPOSED
4 YEAR PLAN
I am faxing a certified copy of the Resolutions that were passed by the Concord Town Board at their regular meeting on July 13 2006. One Resolution is on the
Legislature's proposed 4 -year plan and the other is on the sales tax revenue agreement.
RECEIVED AND FILED
NO. 69
BOARD PACKET DOCUMENTS
Attached are the following documents from June 10, 2006 Joint Schools Construction
Draft Agenda
1. Meeting Minutes from JSCB Meeting dated June 5, 2006
2. Fully executed Phase II Application and Certificate foe Payment No 20 — May
3. Phase I Application and Certificate foe Payment no 21 — June 2006
4. Program Packaging and Development Services (PPDS) Provider Update
5. Bid Evaluation for PS #304 - Hutchinson Central Technical HS
6. Bid Evaluation foe PS #90 — Drew Science Magnet School
7. Bid Evaluation for PS #33- Bilingual Center
8. Bevlar & Associates Inc Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1 Phase II Project — May 2006
RECEIVED AND FILED
NO 70
REQ TERMINATION OF SALES TAX AGREEMENT
WHEREAS, the County of Erie, City of Buffalo, City of Lackawanna and the City of Tonawanda entered into an Agreement on December 30, 1977 with regard to
sales tax revenue distribution, and
WHEREAS, at the time that the Agreement was entered into the Cities of Buffalo, Lackawanna and Tonawanda, collectively, constituted approximately 46% of the
population of Erie County and in addition were the centers of commerce in the County and generated a substantial portion of the sales tax revenue and as part of
the Agreement the cities surrendered their rights to enact a city sales tax, and
WHEREAS, due to demographic changes the Cities of Buffalo, Lackawanna and Tonawanda now collectively constitute only approximately 34% of the population
of Erie County, are no longer the centers of commerce in the County, are no longer the main source of sales tax revenue generation and as a result of this change
the surrender of their rights to enact a city sales tax is no longer as meaningful or significant as it was in 1977, and
WHEREAS, the current sales tax distribution formula results in the residents of the Cities of Buffalo, Lackawanna and Tonawanda receiving approximately $215.85
per capita whereas the amount received per capita by the Towns in Erie County is only an average of approximately $80 per capita, which distribution is clearly
less than their fair and equitable share of sales tax revenue, and
WHEREAS, the Agreement provides that each party to the Agreement shall have the right to terminate said Agreement by giving one years prior notice.
NOW, THEREFORE,
BE IT RESOLVED by the Town Board of the Town of Lancaster as follows:
1. That the Town Board requests that the Erie County Legislature adopt the resolution submitted by Legislators Ranzenhofer, Mills and Weinstein to
exercise its right to terminate the sales tax distribution agreement upon one years prior notice to the other parties to the Agreement and that written notice of such
election be given to the City of Buffalo, City of Lackawanna and the City of Tonawanda.
2. That the Erie County Legislature negotiate a new sales tax distribution agreement that more fairly distributes sales tax revenue among the cities, towns
and villages in proportion to their respective populations as set forth in the latest deeenn al federal census
3. That the Town Clerk is directed to send copies of this resolution to the Erie County Legislature, the City of Buffalo, the City of Lackawanna, the City of
Tonawanda and the Erie County Executive.
4. This resolution shall take effect immediately.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows:
COUNCIL MEMBER AMATURA VOTED YES
COUNCIL MEMBER MONTOUR VOTED YES
COUNCIL MEMBER RUFRNO VOTED YES
COUNCIL MEMBER STEMPNIAK WAS ABSENT
SUPERVISOR GIZA VOTED YES
RECEIVED AND FILED
NO. 71
REQ PAYMENT OF VACTION DAYS
As of April 11, 2006 my employment with the City of Buffalo was terminated. At the above date I had 29.5 vacation days remaining, I would now like to be
compensated for this time.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE, COMMISSINER OF HUMAN RESOURCES,AND COMMISSINER OF PUBLIC WORKS, PARKS AND
STREETS
NO. 72
DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT (DGEIS)
BUFFALO AND ERIE COUNTY BOTANICAL GARDENS - MASTER PLAN
2655 SOUTH PARK AVENUE
CITY OF BUFFALO, ERIE COUNTY
This is to inform you of our receipt and review of the above noted DGEIS. It appears that the concerns described in our April 1, 2005 SEQR Lead Agency response
letter have been adequately addressed and that no State Freshwater Wetland Permit is required for this proposal.
We understand that this DGEIS is a preliminary assessment and that a definite acreage figure for land disturbance may not yet be known. The development of a
new parking area may increase the projected figure given in the Environmental Assessment Form. We, therefore, commend the County for taking the precaution to
plan for protection of the natural resources on the grounds by proposing to apply for a State Pollutant Discharge Elimination System General Permit for Stormwater
Discharge From Construction Activities (GP- 02 -01). For your convenience, we have enclosed a Notice of Intent form for your use in that application.
Should there be changes to the Master Plan before the completion of the phased work, please notify this Department for jurisdictional review. We have no fiurther
comment regarding this proposal and we thank you for providing this DGEIS for our review. If you have further questions, feel free to contact Ms. Denise Matthews
or me at 716/851 -7165.
RECEIVED AND FILED
No. 73
A Garcia
Req to expand community access advisory board
I would like to request that you sponsor legislation expanding the Community Access Advisory Board from 7 members to 13 members.
I feel that our Board has done a remarkable job in supporting the City's Public, Education and Government Access TV operations over the past several years.
Looking back, I see that tremendous strides have been made in improving our community through the ability to create and view television programming that
enhances the quality of life in the City. However, I believe that there is great potential to do much more, and that an expanded Board will help us do that. Not only
will it give us more individuals who can contribute, but it will allow for a membership that has a more diverse group of skillsets that can make the Board even more
effective.
I strongly believe that a 13- member Board will give us the ability to take a more active and effective role in advancing the City's access operations, and I urge you
to act expeditiously to expand the membership.
Please contact me if you have any questions.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 74
ROBERT HEFFERN
OPPOSE CASINO
CASINO NO WAY
1. turning land over to a sovereign nation forever without a referendum is wrong.
2. a casino would take disposable income out of Buffalo and send it to the Seneca Nation and to Albany, taking money away from taxpaying
businesses(and employers).
3. It would increase bankruptcies and harm families due to gambler addiction.
4. A Seneca casino would not be subject to local laws(Erie County smoking ban for example)
5. It would cannibalize local businesses; 80% of their market comes from 25 to 50 mile radius.
6. It would harm the wonderful things Buffalo has: theaters, historical and architectural gems, a waterfront with a future, etc. Casinos keep people inside to
gamble, eat, drink, see shows, smoke - they don't want you spending your money anywhere else.
7. Atlantic City experience: casinos surrounded by poverty; small businesses declined from 2100 to 150 after casinos
8. U. of Illinois study: 2.75 jobs lost for every one gained. takes land off of tax rolls and takes business from taxpaying businesses.
9. Crime rates will rise like street robberies, embezzlement; comparing crime rates for murder, rape, robbery, aggravated assault, burglary and car theft
reveals Nevada as the most dangerous place to live in the U.S.
10. decline in quality of life: Las Vegas has 50 plus pages in the yellow pages for escort services.
11. 1/3 to Y2 of casino revenue comes from problem gamblers\ and slots push players to pathological levels faster.
12. Personal bankruptcy rates are 100% higher in counties with casinos than in those without.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 75
THE ECONOMICS OF GAMBLING: SUMMARY POINTS
Studying economics of gambling since 1990.
Independent researeh.
Not funded by gambling or anti - gambling organizations.
Gambling attracts clientele disproportionately
30% don't gamble at all; most gamble rarely, minority 10% account fur 66 -80% of wagers.
30 -50 % of revenues derive from problem and pathological gamblers (e.g. 48.2% of gaming machine revenue, Aus. Inst. for Gambling Research, 2001; 37
% Montana keno machines; 1/3 Australia National Productivity Commission study, 1999.)
Convenience casinos, racinos, draw from nearby (over 70% from less than 35 miles)
Bulk of casnio revenues are from slot machines.
Gambling creates economic costs for society and taxpayers, including non - users.
crime Aggravated assault, rape, robbery, larceny, burglary, auto theft, embezzlement, fraud.
Business and Employment Costs: productivity, lost work time, unemployment - related employer costs.
Bankruptcy
Suicide
Illness E.g. Stress - related, cardiovascular, anxiety, depression, cognitive disorders.
Social Service Costs: Treatment, unemployment & other social services.
Direct Regulatory Costs
Family Costs E.g. Divorce, separation, child abuse, child neglect, domestic violence.
Abased dollars
(NB Electronic Gambling Devices typically represent 60 -80 % of typical Class 111 (casino sole)
Gambling fails a cost - benefit test.
Even using conservative cost & benefit estimates, costs to benefits are greater than $3:$1.
Social costs (mid - runge) from gambling are approximately $214 per adult annually (of which crime = $63). Costs of introducing gambling depend on starting base,
but typically exceed $130 per adult. Social benefits (preferred number) are less than $42 per adult.
On a per pathological gambler basis, studies in different parts of the nation conducted since 1994 conservatively estimate costs to be $10,100 per year.
Economic Development; Failure of Impact Studies
IMPACT STUDIES ARE NOT COST - BENEFIT STUDIES. More people working next door to you may have nothing to do with the well being of citizens in your
area. Well being may actually decline.
The value of an additional job has been estimated to be worth as little as zero to the community, or between $041,500) In a typical county of 100,000 adults the
introduction of casinos would create additional social costs of $12.7 m annually and direct social benefits of $4.2 m. Using $750 as the average value to the rest of
the county of a job means that casinos would have to increase the total number of jobs in the county by more than 11,333 to improve well being of residents, an
unlikely outcome. Gambling promoters argue gambling creates regional jobs. This is sometimes possible, as in the case of an Atlantic City or Las Vegas where the
area has effectively converted itself into one large casino and entertainment center that serves primarily tourists. In general, however, gambling:
Loses area jobs when local gambler dollars are removed from the area (when they otherwise would not have been) in the form of taxes or are spent by the casino
owners or employees outside the area. -- Creates area jobs when outside gambler dollars are spent locally by the casino and, Loses net jobs when the first flow is
larger than the second.
A full accounting of dollar flows, therefore, is needed to determine if gambling will create more jobs than it loses
CRIME U ILLINOIS U GEORGIA GRINOLS- MUSTARD STUDY
7.9% of total crime (FBI Index 1) due to gambling in counties with Class III gambling.
7.7% of property crime
10.3% of violent crime
E.g. For an average county with 100,000 population this implies 772 more larcenies, 357 more burglaries, 331 more auto thefts, t2 more rapes, 68 more robberies,
and 112 more aggravated assaults.
How can we conclude that casinos increase crime?
Casinos have largely been built since 1991, a period when crime has decreased substantially. Because crime is caused by many factors other than casinos, we
want to take those into consideration when we estimate the effect of casinos on crime. A better comparison is to look at the drop in crime rates for counties that
have casinos and for those that don't. Crime rates drop much more in noncasino- counties than casino - counties. The divergence between the two sets of counties
is greatest since 1992 after casino expansions.
In many areas such as Florida, casino - county crime rates as a fraction of noncasino- county rates have increased from 2 -25% less in 1977 to much higher in 1996.
FBI Index I Crimes ( -6°, /o to 11 %), Violent Crimes (- 17% to -2 %), Aggravated assault ( -8% to 9 %), Rape ( -9% to 13 %), Robbery ( -25% to -14 %), Murder ( -23% to
0 %), Property Crimes ( -4% to 13 %), Larceny ( -4% to 13 %), Larceny ( -2% to 12 %), Burglary ( -5% to 2 %), Auto Theft ( -20% to 14 %). All individual crimes switched
from negative to positive, except robbery, which still moved in the direction consistent with the rest.
Indian reservations: compact- counties had higher crime rates than noncompact- counties, but the difference was stable until the early 1990s, when the crime rates
in compact - countias increased by even more. By 1996 compact- counties have significantly higher crime rates than non - compact counties.
Gambling Taxes are Worse than a Conventional Tax Collecting Identical Revenue
A conventional tax implies social costs per extra dollar collected of $1.25- $1.45.
Taxes on gambling revenues cost $2.53 per dollar of tax collected if the tax rate is 50 percent, a number
that rises above $4.82 per dollar if the gambling tax rate is 20 percent.
Gambling is a Slippery Slope
What is easy for one state to do, others can do.
Generates a race to the bottom.
End result: States not gain at others' expense; all reap social costs.
National Gambling Impact Study Commission
3 m problem and pathological gamblers, 15 million more at risk (8.5 ra potential according to other studies)
-$5 b costs now, (vs. $20 b - $85 b potential based on other studies: My research implies - $30 -$53 b.) )" Gambling is like losing the lost output of another 1990 -91
recession very decade.
For many, gambling merely transfers dollars from one pocket to another without creating a tangible product.
Some gamble for recreation (such gamblers are presumably provided recreation value for their lost dollars), but many gamble to acquire money. Instead of
creating a product or offering a service to earn money, this second group of gamblers doesn't accomplish anything and yet expects to acquire money.
The more people there are who gamble to acquire money, the poorer society is.
If everyone gambled to acquire his money, we would all starve.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO 76
INFO SENECA GAMING CORP
I would like to file the attached information for the the next common council meeting to be held on july 25, 2006
Copy available in the City Clerks office for review
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 77
M. KEARNS -D. BENNETT- EFFECTS OF URBAN GAMBLING CASINO
I would like to file the attached letter from Citizens for a better Buffalo regarding the effects of Urban Gambling Casino. Each Council Member has received a
binder and the attached letter.
ACTION BY COMMON COUNCIL RE. URBAN GAMBLING CASINO
Citizens for a Better Buffalo, a nonpartisan community group, submits to the honorable members of the Buffalo Common Council the attached loose leaf binder
entitled, "Policy Memorandum - Effects of an Urban Gambling Casino." A copy is being hand delivered to each Council Member today.
We urge the Common Council members to become fully educated on the effects of an urban gambling casino, and to postpone any action until they do, and until
the public has an opportunity to be informed and to be heard.
We note the following facts:
We know of only one Buffalo business person who has said he or she supports a Buffalo casino (and that is the person who sold the land for the casino).
Every non - casino sponsored economist says urban casinos are a net loss to communities, even if they pay taxes, even more so if they do not.: net job loss, net
tax loss, net social cost.
-- The Common Council has the power to open the casino process to a full hearing; there is no inevitability here.
-- Legal filings by the Seneca Gaming Corp. for a trademark application (with the U.S. Patent and Trademark Office) and with the U.S. Securities and Exchange
Commission demonstrate the Seneca Nation's intent to create a casino not only with a hotel and
Common Council Members
restaurant and bar services, but also with a convention center, movie theaters, retail shops, and other competing businesses, and to derive that business primarily
from residents of Erie County. In other words, the alleged "new jobs" and cash flow would come from the casino cannibalizing business from tax - paying local
business owners.
-- A poll that is objectively taken, rather than a scandalously one -sided "push poll ", we believe, is likely to show Buffalo voters want their representatives to oppose
an urban casino.
We urge the Common Council to act with the power accorded to it, and owed to this community, by deferring any action on ceding City property to another
sovereign entity until there is full and fair disclosure of the facts, both to you, as representatives of this community, and to the community residents.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
NO. 78
M. KEARNS -T. BONNER- PROBLEMS WITH WATERFRONT SCHOOL
On June 21,2006 as my son exited the school bus, I noticed an area of red on his left side of his head. 1 asked the bus aide if she noticed anything, she said no,
Anthony was quite. I asked Anthony what happened in school. He was hesitant at first and said his teacher lets them nap at their desk if sleepy. He said he awoke
to feel something touching his head and it hurt. I asked if he told the teacher He responded yes, but the students were yelling.
When I looked at his head I realized it was blood and seen small cuts in two areas, I contacted the assistant principal Mrs. Flattery again. This was noticeable
because Anthony likes the buzz haircuts and just got one a few days before.
I had just spoke to her that morning because the bulling and a student had bothered him in the bathroom. I told her Anthony said he was scared in the bathroom
and accidentally peed on the floor. I told her what 1 see on his head and that I would have to take pictures of this. She responded by saying I thought 1 took care
of everything when I talked to the students in his class. I told her that Anthony would no longer attend summer program there because it is not safe. I told her that I
was also going to contact the superintendent's office. She insisted that she will contact the principle when she got off the phone and have her call me before she
left the school instead of me calling downtown. I have not received a call from the school but told her I needed someone to help me and a phone call is not
necessary.
Mrs. Flattery and I had many conversations throughout the year. Early on Anthony would come home with wet pants. .1 asked Mrs. Flattery if he can use the
bathroom before dismissal since his bus ride was almost a hour long. He also was having his lunch taken away from a girl name Special, who continued to sit at
his table. On some days he would come home and cry because he wanted to eat lunch. Mrs. Flattery's initial response was well may be he is misbehaving at
lunch. My husband responded my telling her whatever the problem it is your job to take care of it.
I've discussed the bulling and touching with Mrs. Flattery and told her that I had problems with my other two children and had to pull them out because of the daily
name calling and bruises with my son .1 told her I was also a bus aide for Waterfront for two years and had family participate on field trips.
I told her that Anthony's aunt went to fantasy island with the class because he wanted a chaperone and cried he didn't want to go.
On anther occasion Anthony took the blame when he got scratched at school,
because his classmates were lining up for dismissal and were pushing. Anthony told me that Special started the pushing and left the front line with others and he
wasn't the one who was suppose to get scratched.
When Mrs. Flattery called he back regarding this she said the kids are all friends and it was an accident and the kids nails were too long. And the children said
Anthony pushed the boy. She said Anthony would have to sit out of fun Friday told her that I didn't agree and would keep him home because he was a bystander
and because of his shyness, Anthony does not stand up for himself. I told her that I took pictures of his neck and had to ice it, because it tore his skin.
In early June Anthony experienced an allergic reaction after sending him to school. On June 9,2006 he exited the school bus scratching his head and face. I
looked and it was all over his body. Anthony required medicine for this. On Monday June 12, 2006, 1 contacted the school immediately and told the school I
wanted to know why I was not notified. The school contacted my husband and told him Mr. G the sub noticed it and asked Anthony if he was allergic to peanuts?
And he didn't think anything of it. My husband told the lady next time call and he would pick him up. And that thank goodness Anthony is doing better.
I as a parent and childcare provider I see if this school don't change someone will get hurt and it may be too late. I feel that the staff should be retrained
on policies and procedures. Anthony is only a 6 -year old loving, happy and shy child who wants to learn in a safe environment, but is the victim due to his shyness
and soft - spoken voice. If policies and behavioral issues were enforced Anthony and his siblings would be at Waterfront.
On June 22, 2006, 1 contacted Ms. Robert Marsh at the superintendent's office told her my concerns and I did not feel it was safe for Anthony to attend
the Extended Learning Program. She told me she had to contact the principal and would call me back. I then left a message shortly afterwards to see if Southside
offers it too. I've called many times throughout the day and she has not called back.
Anthony transferred from Southside and had many friends including Mrs. Shutta the principal.
Anthony is to start second grade at The South Buffalo Charter School. My other concern is with this summer program in Sunday's front page it said if
kids are not where they need to be they could fail. Anthony did okay on his report cards although no test or schoolwork came home. I have attempted through
letters on his progress and received no response. I at this time do not know if this includes him. Teachers give you the heads up before retaining your child, and I
was not notified.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION, BOARD OF EDUCATION.
NO. 79
M. KEARNS -P. HERBERT - INSTALL BOAT LAUNCH
Please file the attached item for further consideration at the next Common Council session to be held July 25, 2006.
Your assistance is greatly appreciated.
Hey Mr. Kearns, I'm Patrick Herbert- son of Don and Linda Herbert. I am a very avid fisherman and spend many hours fishing in our local waters. In fact I am
currently conducting my Graduate research on a fish species in the Buffalo River. Being out on the river a lot and seeing the many people who use the river, I
would like to suggest building a free boat ramp in the upper reach of the river. I like what the city had done with the Seneca bluffs area, and feel that this area
would be a prime location with parking, and stream bank gradient. It doesn't have to be a huge project just a small concrete ramp for small boats to access the
river. It has been such a hassle launching at the marina or small boat harbor, and for the most part my small boat cannot handle the lake weather conditions.
Thank you very much - Patrick Herbert
REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT, COMM.OF ECONOMIC DEVELOPMENT, PERMITS /INSPECTIONS
NO. 80
M. KEARNS -TREE DEBRIS
Item was unable to scan. Copy on file in Clerk's Office.
REFERRED TO THE COMMITTEE ON LEGISLATION. COMMISSIONER OF PUBLIC WORKS. PARKS & STREETS
NO. 81
GREENWAY FUND COMMITTEE
I am writing to confirm that the Buffalo Niagara Riverkeeper would be pleased to serve on the Greenway Fund standing committee for the Buffalo -Erie County
Niagara Power Plant relicensing settlement.
Riverkeeper asked to be on this committee during the relicensing negotiations but were turned down. We believe our organization offers a balancing view in terms
of deciding how Greenway funds will be spent, as per our mission, "to promote, preserve and protect the natural and historical environment of the Buffalo and
Niagara Rivers." No other entity on the standing committee is specifically looking out for ecological restoration of the river corridor, which we believe is the basis for
healthy community access and sustainable tourism.
If the Greenway Fund standing committee is amended to include the Buffalo Niagara Riverkeeper as a voice in project selection, we will be happy to accept that
responsibility.
REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT.
NO 82
P. KRANCZYK- INFO - TAXICAB SERVICE
The Americans With Disabilities Act and You: Frequently Asked Questions on Taxicab Service is a 12 page document which can be reviewed in the City Clerk's
Office, 1308 City Hall.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 83
D. LOCEY - NYSDEC -FACT SHEET
CLEANUP WORK COMPLETED AT BOONE PARK
The New York State Department of Environmental Conservation (DEC) is pleased to announce that a cleanup plan has been finalized for the Boone Park site in
the City of Buffalo, and that the park has been returned to recreational use.
A public meeting was held on February 22, 2006 at the Valley Community Association Center, during which the City's environmental consultant provided a review
of the cleanup action completed the previous year. Based on the results of the site investigations and the success of that cleanup action, DEC proposed that the
park was ready to be returned to recreational use and that no further cleanup actions were necessary. Aider considering public comments submitted, DEC
finalized the "no further remedial action" plan in a document called a Record of Decision (ROD) in March, 2006. The ROD summarizes site investigations and
responses to comments
received from the public. The ROD and other documents related to the Boone Park site are available for your review at the locations identified on the back of this
page.
Cleanup work at the Boone Park site was performed under New York State's 1996 Clean Water /Clean Air Bond Act "Environmental Restoration Program" (ERP).
Through the ERP, DEC provides financial assistance to local governments for the cleanup and restoration of brownfield sites. A brownfield is currently unused,
abandoned, or idle property that may have been used for industrial purposes in the past but no longer contributes to the tax base era municipality.
SITE BACKGROUND
Established in the early 1950s, Boone Park is a 3.9 acre City Park located in a residential area of south Buffalo (see map above). In 1999, while investigating
contamination in a nearby neighborhood, the United States Environmental Protection Agency ( USEPA) collected and analyzed samples of soil from the park and
found elevated levels of arsenic in the baseball field. Additional studies of the park were completed in 2004 by the City of Buffalo, confirming the USEPA findings.
Plans were then made to cleanup the arsenic - contaminated soils as an "interim remedial measure" (IRM). The IRM included addressing contaminated soils found,
and determining afterwards if additional cleanup actions were necessary. A meeting was held on November 18, 2004 at which the public was given an opportunity
to discuss and contribute comments to the proposed soil cleanup IRM.
In the spring of 2005, approximately 5,500 cubic yards of arsenic - contaminated soils were removed from the baseball field and disposed at an off -site solid waste
landfill. The depth of excavation varied from six to eighteen inches and was designed on the basis of previous soil investigation results. However, excavated areas
were tested again to confirm that cleanup goals were achieved before being backfilled with clean soils.
The cleanup goals were achieved in all parts of the baseball field. Investigation of the park's adjacent playground found the soils there did not contain elevated
levels of arsenic and that no further cleanup was necessary. Based on the success of the IRM cleanup and the results of the site investigations, the DEC has
determined that no further remedial action was required to return the park to recreational use
RECEIVED AND FILED.
NO. 84
SALE OF FULTON STREET
NO, NO, and NO.
In the 70's Buffalo built a Convention Center and closed off Genesee Street and Mohawk
Street.
Another section of Genesee Street was closed for a parking ramp.
Earlier Buffalo built Main Place Mall and closed off Niagara and Eagle Streets.
Every one of these closings resulted in detrimental outcomes for Buffalo that continue to plague planning efforts to this day.
Even closing Seneca Street for the baseball stadium and Washington Street for the arena have had negative impacts on traffic flow and more importantly
pedestrian activity.
However, reading a recent article in the Buffalo News, our elected City officials have not learned from past mistakes and are willing to commit new mistakes.
1. Fulton Street is not a dead end street as the Buffalo News reported. Fulton is one of only three major streets, along with Perry Street and South Park Avenue,
running south of the Thruway from Michigan Street to Smith Street.
True Fulton is cutoff by the railroad between Hamburg and Smith Streets. However it still is a main street. With proposed building in the area (Cobblestone
District), including the "proposed" casino, Fulton will be even more critical in carrying an increased volume of traffic. Two Thruway interchanges can be reached
from Fulton at Hamburg and Louisiana Streets.
2. Michigan and Fulton will become more important when a new Michigan Avenue Bridge is built connecting the outer harbor.
3. If the casino architect cannot come up with a "creative design" without closing Fulton, they should get a new architect. The casino people want to eliminate
Fulton, yet they then create their own little curved interior street.
4. Without Fulton Street the casino becomes an island isolated from the City. Fulton Street will make people interact with the community.
5. Many large projects such as convention centers have been built with city streets running through the project site. Look at the San Francisco and Los Angeles
convention Centers.
6. What is status of East and West Market Streets? As far as I know they are still city streets.
7. This is an important issue warranting an environmental review of its impact on the neighborhood. Has there been an environmental review, including issues
such as emergency response? Creation of a super block will destroy neighborhood access and connections?
8. If the casino loses the ongoing court cases, how will the city get back Fulton Street? It will be gone forever. There is no hurry to sell the street.
9. We've spent a half century destroying Buffalo's urban fabric, from the Thruway to the Kensington to elimination of Booth Alley and Flint Alley. Don't continue this
destructive legacy.
Vote NO!
07 -18 -2006 Addendum
I am adding comments since the Common Council Finance Committee meeting this date.
Before proceeding the Council should have copies of Mr. Wanamaker's request and the official written request from the Seneca organization. Minus these
documents the Council does not fully know the subject matter it is to deliberate.
The Seneca group purchased the nine acres knowing that Fulton Street (and East and West Market Streets ?) run through the parcels. It was presumptive for them
to think that the City would deed them public streets.
The Seneca group is a "development company ". However, as a sovereign nation it does not have to abide by City and State zoning and Codes if it builds a casino.
Yet, I believe the City must provide Fire and Police services. If a casino is not built the sovereignty may no longer apply. By keeping Fulton and Market Streets, the
City will be able to maintain some control over any Seneca construction. Buffalo could determine access and egress along with other planning issues. Buffalo can
determine how it wants the neighborhood to be, not a development company.
Fulton and Market Streets were closed for demolition. What fee was paid? Is there a time limit for the closing? After the demolition will the streets be reopened?
Will the demolition owner repair any damaged parts of the streets, sidewalks, or landscaping?
No matter what gets built at this location and by whom, there is no good reason to deed the streets to the property owner. Yet there are a multitude of reasons to
not do so.
Fulton Street has been around since the early 1800's. Its value is priceless. The assessed value given does not come close to its true value.
Utilities will be an issue no matter what gets built and no matter what the determination on Fulton Street. While important, the effects of the street at the surface are
most important
It was interesting to hear the BMHA representatives say that assuming a casino gets built they will be razing living units closest to the proposed casino site and
building new units farther away. Is this a "casino" benefit; to disperse the neighborhood?
REFERRED TO THE COMMITTEE ON FINANCE
NO. 85
A. SEDITA -REQ. TO MAKE CITY OF BUFFALO PARKS HANDICAP ACCESSIBLE
ITEM #109, CCP, JULY 11, 2006,
1 have reviewed the letter and resolution you provided by me by the Buffalo Common Council regarding accessibility to Buffalo Parks. It is my recommendation
that as a Title 11 entity, all City of Buffalo Parks should be accessible to individuals with disabilities.
I would suggest that the City of Buffalo Public Works Department under their capital projects budget, look into the accessibility of the parks, examples would be:
curb cuts, walkways and restrooms, using the current building codes.
In addition, regarding requirements for Outdoor Developed Areas, that information can be viewed on the internet at www.access- board.gov to review their final
report. However, these guidelines have not been finalized.
I hope this information answers any questions you may have.
REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS.
NO. 86
R. TYLICKI -FTA ROW NEAR STARIN
EX -Erie RR ex Conrail - Railroad Right of way between LaSalle Station and North Buffalo and beyond and EX -Erie RR ex Conrail - Railroad Right of way
between LaSalle and Conrail yards NS and CSX now controlled by NFTA.
Dear sirs,
It has come to our attention that NFTA right of way near Starin Ave is being mined out by its owner.
The Railroad was an elevated right of way that was part of the Erie High Speed Line to the Falls. NFTA had purchased said right of way from Conrail under
the Interstate Commerce Commission which gives government agencies first dibs to purchase such right of ways at a reduced price. (Now the Surface
Transportation Board) Interim railbanking Act listed here so that the LAND would be forever held in perpetuity until NFTA or another railroad rebuilds on the
right of way ... Included in this packet is the proviso's of said act. NFTA instead has sold the land illegally to private holders. Since the land is now not going to
be used for public railroad use the land instead should be reverted back to the original land holders of 1911 when the Erie High Speed line was built. The land
was illegally transferred to private developers in violation of the rail- banking act. The federal rail banking acts prohibits buildings or significant alterations to
the right of ways ... By NFTA doing this they are jeopardizing any future hopes of light rail, Bus Rapid Transit and or trail use. The City can build a trail to use
the right of way to keep it out of private hands. By Fed. Law trail use can hold the right of way out of private development until a railroad is built. With the
rising costs of gasoline the incentive to build transit and bike ways will be greater. This Erie High Speed Belt Line is a important link in this cities future.
Please work to preserve it and keep it intact in its original structure thank you. I would like to address city counsel on this issue
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOMENT, COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS.
NO. 87
C. VAN NESS - PRESERVATION COALITION OF ERIE COUNTY
OPPOSE SALE OF FULTON STREET
The Preservation Coalition wishes to go on record as opposing the sale or transfer of Fulton Street for the use of an Indian casino.
Not only are gambling casinos a proven economic deterioration strategy, but sacrificing a public right of way to assist in a harmful enterprise is more than foolish, it
borders on criminal.
Streets are like blood vessels. Eliminate them and the surrounding urban tissue dies or is seriously compromised. This has been precisely the case where Buffalo
sacrificed streets for earlier silver bullet projects such as Main Place Mall and the Convention Center, for which we lost blocks of Eagle Street and Genesee Street.
We gave up a street for what is now a dead K -Mart on Broadway. Sooner or later, the public loses when public rights -of -way are destroyed.
My board joins me in asking that you fulfill your responsibility to guard the public interest and do what you can to protect Fulton Street.
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 88
WILLIAM TRAVIS AS PRESIDENT OF AFSCME LOCAL 264 VS CITY OF BUFFALO ET AL
INDEX NO.: 2004 -4589
GRIEVANCE NO.: CB -60 -03
NO LAYOFF CLAUSE GRIEVANCE
Regarding the above, enclosed please find Certified copy of the following:
Order
Arbitrator's Opinion and Award
Judgment
Notice of Entry
The City still has not fully complied with the Arbitrator's Opinion and Award and /or the Judgment.
Pursuant to the Judgment, "[T] he subject laid off employees are to be returned forthwith to their positions with the City of Buffalo and they are to be made whole
for back pay and lost benefits."
To date, Carmine Marinaccio still has not been allowed to return to work and has not yet received any back pay.
Also, Joseph Bonda has returned to work, but he has not been paid any back pay.
This is in clear violation of the Judgment.
We request that the City and yourself move forthwith to comply with said Judgment. The failure to do so will result in our commencing Contempt Proceedings. If
said Judgment is not fully complied with within two weeks of this letter, we will commence the Contempt Proceeding.
REFERRED TO THE SPECIAL COMMITTEE ON BUDGET, COMMISSIONER OF HUMAN RESOURCES AND CORPORATION COUNSEL.
PETITIONS
NO. 89
J. LEONE, AGENT, USE 260 ALLEN - RESTAURANT
(ELL) (HRG. 9/12)
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL.
NO. 90
R. SASALA, AGENT, USE 253 ALLEN - SIT -IN RESTAURANT /OUTDOOR CAFE (ELL)
(HRG. 9/12)
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL.
NO. 91
M. BURNS, AGENT, USE 3 CITY LINE SOUTH, RAIL CAR STORAGE AND
REPAIR BUILDING (SOUTH) (NO PUB HRG)
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL.
NO. 92
M. JOHNSTON, AGENT, USE 540 GENESEE ST FOR A FREE STANDING
SIGN (ELL)
(NO PUB HRG)
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARDAND THE CORPORATION COUNSEL
NO. 93
M. KEARNS- OPPOSE COMMUNITY FIELD HOUSE COMPLEX
I would like to file the attached information for the next Common Council meeting to be held on July 25, 2006.
Petition on file in Clerk's Office
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
REGULAR COMMITTEES
CLAIMS
(MICHAEL P. KEARNS, CHAIRMAN)
NO. 94
PERSONAL INJURY
That upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of
Buffalo, be comprised and settled:
A 1 Jeffrey & Shari Joyce P /N /G Victoria Joyce v City of Buffalo and South Buffalo Charter School $ 7,500.00
A -2 Michael J. Hicks v City of Buffalo $15,000.00
A -3 Anne & Minot Ortolani v City of Buffalo $36,040.00
That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective
claimants or plaintiffs and their attorney, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery
to the Corporation Counsel of proper releases and closing papers.
PASSED
AYE -9. NOES -0.
NO. 96
PROPERTY DAMAGE
That, upon the recommendation of the Corporation Counsel, the following actions for personal
injury arising out of alleged negligence on the part of the City of
Buffalo, be compromised and settled:
B- 1- Allstate Insurance a /s /o Christian, Gary P.O. Box 227257, Dallas, Texas 75222
$675.55
B -2 - Backstrom, Barbara, 38 Poultney Ave., 14215
$900.00
B -3 Barnes, Carl 1325 Walden Ave., Cheektowaga, NY 14211
$800.00
B -4 Brown, Anna, 347 Ludington St, 14206
$ 67.91
B -5 Claxton, Lowell, 92 St. Mary's Road, 14211
$307.83
B -6 Cohill Jonathan, 82 Oxford Ave., 14209
$941.99
B -7 Dawson, Louise, 139 Kingsley St, 14208
$779.45
B -8 DiPasquale, John, 150 Townsend St., 14212
$599.05
B -9 GEICO Insurance Co. a /s /o Raymond M. Burke
$1,713.06
B -10 GMAC Insurance a /s /o Derico of East Amherst Corp.
$3,259.64
B -11 Hopkins, Nicole,670 Northumberland, 14215
$ 23.81
B -12 Jones, Sandra M., 78 Eller Ave., 14211
$ 565.77
B -13 LaPorte, Yvonne, 396 Northland Ave., 14208
$3,955.00
B -14 Lesniowski, David, 277 Easton Ave., 14215
$ 54.36
B -15 .Lewandowski, Thomas, 1353 Lovejoy Street, Sloan, 14206
$ 281.34
B -16. Nagy, Carmen, 143 Hancock Ave. #2, 14220
$ 361.50
B -17 .National Grid, 300 Erie Blvd. West, Syracuse, NY 13202
$ 92..26
B- 18 .National Grid, 300 Erie Blvd. West, Syracuse, NY 13202
$ 509..60
B- 19 New York Central Mutual a /s /o Rodgers, Chiquita
Central Plaza East, Edmeston, NY 13335
$ 2,000.00
B- 20 Porter, Patrick, 571 Ridge Road, Lackawanna, NY 14218
$ 196.36
B -21 .Reyome, Jayme, 53 Dash Street, 14220
$ 924.02
B -22. Rhodes, Regina, 1390 Ransom Rd., Lancaster, NY 14086
$ 180.08
That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims
Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and
their attorneys, if any, herein above named, in the amounts set
opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated.
PASSED
AYES -9. NOES -0.
NO. 96
B -23 - Ronay, Tamas, 10 Lexington Avenue, Apt.213, 14222 $ 3,825.00
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Kearns moved:
That a check for $3,825.00 be drawn on the account of Org 17221008 (480205)
Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above
named, in the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where such
releases are indicated.
PASSED
AYES - 9 NOES -0
NO. 97
PROPERTY DAMAGE
That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged negligence on the part of the City of
Buffalo, be compromised and settled:
B -24 Scott, Mary, 21 Schuele Avenue, 14215 $922.58
B -25 State Farm Ins. a /s /o Cepuchowski, Dorothy PO Box 8014, Ballston Spa, NY 12020 $2,203.99
B -26 State Farm Ins. a /s /o Fisher, Eric J., PO Box 8014, Ballstson Spa, NY 12020
$5,462.91
B. -27 .State Farm Ins. a /s /o King -Reen v. City of Buffalo $4,500.00
B. -28 .Thomasula, Thomas, 463 Auburn Avenue, 14213 $1,279.41
B. -29. Urso, Kevin, 314 Abbott Road, 14220 $81.02
B -30 Walker, Kristen, 100 Marion St., 14207 $2,808.43
B. -31. Zielinski, David, 224 Geary Street, 14210 $245.00
That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective
claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery
to the Corporation Counsel of proper releases where such releases are indicated.
PASSED
AYES -9. NOES -0.
NO. 98
MISCELLANEOUS INVOICES
That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid:
C -1 . Accurate Reporting, 403 Main Street, 14203 $328.00
C -3 Counsel Press, LLC, PO Box 1053, New York, New York 10018 $4,975.25
C -4 DF Bailey, Inc. 150 Anderson PI, 14222 $300.30
C -5 Depaolo- Crosby Reporting Services, 197 Delaware Ave., 14202 $469.00
C -6 Due Process, 61880 Newton Rd.., 14127 $40.00
C -7 Frey the Wheelman, 41 E. Tupper St., 14203 $732.45
C -8 Hiscock & Barclay, 1100 M & T Center, 14203 $122.50
C -9 James J. White Jr., M.D., P.C., 2113 Delaware Ave., 14216 $4,707.50
C -10 Michael Calabrese M.D., 656 Elmwood Ave., 14222 $474.84
C -11 National Grid (Claim for $2,231,532.49 for past due City Street Light Accounts) 144 Kensington Ave., Bflo, NY 14214
$2,231,532.49 (')
The Common Council approves the amount on the condition that National Grid waive the $82,848.00 in late /interest fees.
C -12 Nixon Peabody LLP, 40 Fountain Plaza, Suite 500, 14202 $19,736.16
C -13 Quest Investigations, PO Box 1032, Bflo, NY 14207 $975.00
C -14 Raymond W. Burke, 402 South Shore, Lackawanna, NY 14218 $485.00
C -15 Roach, Brown, McCarthy & Gruber P.C. 1620 Liberty Bldg., Bflo, NY 14202 $1,469.46
That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective
claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery
to the Corporation Counsel of proper releases where such releases are indicated.
PASSED
AYES -9. NOES -0.
(') Mr. Bonifacio is in the negative on Item C -11 only.
NO. 99
MISCELLANEOUS INVOICES
C -2 C. Destro Development Co. Inc., 2255 Bailey Avenue, 14211 $4,364.64
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Kearns moved:
That a check be drawn in the amount of $4,364.64on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year,
payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them
upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated.
PASSED
AYES - 9 NOES -0
NO. 100
MISCELLANEOUS REIMBURSEMENT
That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be paid
D. -1. Brautlacht, William, 18 Parkdale Drive, Lancaster, NY 14086 and
Ryan, James, 8 Birchwood Drive, Buffalo, NY 14227
William Brautlacht
$369.00
James Ryan
$150.00
D. -2. Child & Family Services Ways to Work Loan Program 844 Delaware Avenue, Buffalo,
NY 14209 1052.69
D. -3. Chimento, Joseph F., 309 Dupont Ave., Tonawanda, NY 14150
$.50
D -4. Dimoulas, Renee, 81 Euclid Avenue, Buffalo, NY 14217
$250.00
D. -5. Drossos, Nikolas, 1571 Parker Blvd., Tonawanda, NY 14150
$141.38
D. -6. Farley, Mark, 76 Ross Avenue, 14207
$100.00
D- 7. Fleming, Beth, 97 Lexington Avenue, 14222
$205.15
D- 8. Huffman, Mary, 198 Manhattan Ave. #1, 14215
$2,750.00
D- 9. Johnson, Floyd, 23 Erb Street, 14211
$800.00
D.10. MAP /MAC, LLC, 2614 Main Street, Dallas, Texas 75226
$2,495.25
D.11. Palmeri, Frederick, 435 Connecticut St., 14213
$708.29
D.12. Phillips, Toni, 59 West Hazeltine, Kenmore, NY 14217
$1,029.35
That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims
Prior Years, or (480204) Current Fiscal Year, payable to the respective
claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery
to the Corporation Counsel of proper releases where such releases are indicated.
PASSED
AYES - 9 NOES -0
NO. 101
MISCELLANEOUS REWARD
That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claim be paid:
E -1 Pickett - Stewart, Tonya, 69 Rother Avenue, 14212 $1,000.00
That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year, payable to the respective
claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery
to the Corporation Counsel of proper releases where such releases are indicated.
PASSED
AYES - 9 NOES -0
NO. 102
RECOMMITTED ITEM
F. 1. Pettigrew, Tyrone, 149 Hampshire, 14213 $900.00
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Kearns Moved:
That a check in the amount of $900.00 be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current Fiscal Year,
payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the amounts set opposite their names and delivered to them
upon execution and delivery to the Corporation Counsel of proper releases where such releases are indicated.
PASSED
AYES - 9 NOES -0
NO. 103
REPORTS TO CLAIMS COMMITTEE
G. 1. Permain Properties NY, Inc. c/o Cappuccitti, Michael 2316 Delaware Avenue, #163, Buffalo 560.00
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Kearns Moved:
That the above item be and the same hereby is recommitted to the Committee on Claims.
ADOPTED
CIVIL SERVICE
BONNIE E. RUSSELL, CHAIRPERSON
NO. 104
NOTICES OF APPOINTMENTS TEMP /PROV /PERM
That the above item be and the same is received and filed.
ADOPTED.
FINANCE
BRIAN C. DAVIS. CHAIRMAN
NO. 105
CONSULTANT SERVICE AGREEMENT WITH BACK TO BASICS
(ITEM NO. 36, C.C.P., JULY 11, 2006)
That the Commissioner of Community Services be, and he hereby is authorized to enter into a Consultant Agreement with Back to Basics, for a fee not to exceed
$48,000.
PASSED
AYES - 9 NOES -0
NO. 106
B. DAVIS- FRIENDLY FRUITBELT NEIGHBORHOOD BLOCK CLUB INC
(CCP# 48,7/11)
That the above item is hereby Received and Filed
ADOPTED
NO. 107
AMEND FRIENDS TO THE ELDERLY COMM CTR'S LEASE
(CCP# 121,5/30)
That the above item is hereby Received and Filed
ADOPTED
NO. 108
R. BROWN- FRIENDS TO THE ELDERLY INFO CURRENT LEASE REQUEST
(CCP# 40,6/27)
That the above item is hereby Received and Filed
ADOPTED
NO. 109
M. KEARNS -REQ TO DET WHETHER ACTIONS OF BMHA COMM STAFF THAT SHOULD BE PROSECUTED
(CCP# 94,6/27)
That the above item is hereby Received and Filed
ADOPTED
NO. 110
CREATING A SHARED ASSET FORFEITURE FUND (SAFF)
(ITEM NO. 126, C.C.P., OCT. 5, 2004)
(ITEM NO. 72, C.C.P., JUNE 14, 2005)
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.
LEGISLATION
(RICHARD A. FONTANA, CHAIRMAN)
NO. 111
S. GIKAS, PETITION TO USE 528 ELMWOOD AVENUE - OUTDOOR CAFE
(ITEM NO. 62, C.C.P., JULY 11, 2006)
That after the public hearing before the Committee on Legislation on
July 18, 2006, the petition of S. Gikas, owner, for permission to use 528 Elmwood Avenue for an outdoor caf6 Tx 15' in front of the Elmwood Lounge be, and
hereby is approved.
PASSED
AYES — 9 NOES 0
NO. 112
J. GLOSE, PETITION TO USE 2197 SENECA STREET - ILLUMINATED GROUND SIGN
(ITEM NO. 63, C.C.P., JULY 11, 2006)
That after the public hearing before the Committee on Legislation on
July 18, 2006, the petition of J. Glose, agent, for permission to use 2197 Seneca Street for an illuminated ground sign 5'x 8' with a 4' x 8' Message Board below it
be, and hereby is approved.
PASSED
AYES — 9 NOES — 0
NO. 113
S. MANKS, PETITION TO USE 1670 SENECA STREET - ONE STORY DRIVE THRU FAST FOOD FACILITY
(ITEM NO. 64, C.C.P., JULY 11, 2006)
That after the public hearing before the Committee on Legislation on
July 18, 2006, the petition of S. Manks, agent, for permission to use 1670 Seneca Street for a one story masonry drive -thru donut /fast food facility (5 lanes) with
parking be, and hereby is approved.
PASSED
AYES — 9 NOES — 0
NO. 114
N. KOTRIDES, PETITION TO USE 1435 HERTEL - SIDEWALK CARE
(ITEM NO. 65, C.C.P., JULY 11, 2006)
That after the public hearing before the Committee on Legislation on
July 18, 2006, the petition of N. Kotrides, owner, for permission to use 1435 Hegel Avenue an outdoor caf6 13' x 45-8" in front of the existing restaurant be, and
hereby is approved.
PASSED
AYES — 9 NOES — 0
NO. 115
FANTI, AGENT, USE 777 MAIN ST.- OUTDOOR CARE (ELL) (NO PUB HRG REQ)
( #66,7/11)
That after the meeting of the Committee on Legislation on July 18, 2006, the petition of T. Fanti, agent, for permission to use 777 Main St. for an outdoor cafe and
hereby is approved.
PASSED
AYES — 9 NOES — 0
NO. 116
ORD VIOLATIONS - PLACEMENT OF TOTES (PW)
(CCP# 21,7/11)
That the above item is hereby Received and Filed
ADOPTED
NO. 117
ORDINANCE (LAW)
(CCP# 28,7/11)
That the above item is hereby Received and Filed
ADOPTED
NO. 118
NOTIFICATION OF CITY ORDINANCES FOR HOME OWNERS & RESIDENTS (ECPI)
(CCP# 29,7/11)
That the above item is hereby Received and Filed
ADOPTED
NO. 119
NOTIFICATION OF CITY ORDINANCE AMENDMENTS (CTY CLK)
(CCP# 38,7/11)
That the above item is hereby Received and Filed
ADOPTED
NO. 120
SIDEWALK CARE LICENSE - 115 CHIPPEWA WEST
(ITEM NO. 35, C.C.P., JULY 11, 2006)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr, Fontana moved:
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a "mere license" to Andrew D'Aloisi and Bada Bing, owner of
the Bada Bing, located at 115 Chippewa West, to install a sidewalk cafe the same as the current license, which would encroach on city right -of -way at said
address, subject to conditions as determined by the Commissioner of Public Works.
PASSED
AYES — 9 NOES — 0
NO. 121
C. BERMAN -REQ FENCED IN DOG PARKS PURCHASED WITH DOG LICENSE REVENUE
(CCP# 47,7/11)
That the above item is hereby Received and Filed
ADOPTED
NO. 122
M. KEARNS- COMPLAINTS -TOSH COLLINS COMM. CTR MAINTENANCE
(CCP# 52,7/11)
That the above item is hereby Received and Filed
ADOPTED
NO. 123
R. KREUZER, PETITION TO USE 2677 DELAWARE - POLE SIGN
(ITEM NO. 55, C.C.P., JUNE 27, 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 R. Kreuzer, owner, for permission to use 2677 Delaware Avenue for a pole sign 10' x 2.5' with a smaller changeable copy sign below, 6' x 25,
overall height to be 16' sign be, and hereby is denied.
ADOPTED
NO. 124
J. ZUEFLE, PETITION TO USE 517 WASHINGTON- OUTDOOR PATIO
(ITEM NO. 74, C.C.P., MAY 16, 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 J. Zuefle, agent, for permission to use 517 Washington for an outdoor patio 5' x 14' in front of a masonry bar be, and hereby is recommitted to
the Committee on Legislation
ADOPTED
NO. 125
MUNICIPAL CODE VIOLATIONS REPORT (CC)
(CCP# 27,5/30)
That the above item is hereby Received and Filed
ADOPTED
NO. 126
NOTIFICATION OF CITY ORDINANCES FOR HOME OWNERS AND RESIDENTS (EXC 1STRES)
(CCP# 116,5/30)
That the above item is hereby Received and Filed
ADOPTED
NO. 127
NOTIFICATION OF CITY ORDINANCES FOR HOME OWNERS AND RESIDENTS (ASSESS & TAX))
(CCP# 25,6/13)
That the above item is hereby Received and Filed
ADOPTED
NO. 128
NOTIFICATION OF CITY ORDINANCES (PW)
(CCP# 41,6/13)
That the above item is hereby Received and Filed
ADOPTED
NO. 129
NOTIFICATION OF CITY ORDINANCES FOR HOME OWNERS AND RESIDENTS (LAW)
(CCP# 59,6/13)
That the above item is hereby Received and Filed
ADOPTED
NO. 130
NOTIFICATION OF CITY ORDINANCES FOR HOME OWNERS AND RESIDENTS (BSA)
(CCP# 69,6/13)
That the above item is hereby Received and Filed
ADOPTED
NO. 131
STRENGTHEN COB'S SEX OFFENDER ORDINANCE (POL)
(CCP# 23,6/27)
That the above item is hereby Received and Filed
ADOPTED
NO. 132
REGULATING BOUNCERS /DOORMAN (EXC 1 ST RES)
(CCP# 119,5/16)
That the above item is hereby Received and Filed
ADOPTED
NO. 133
LOCAL LAW INTRO# 14 (2006)- VACANCIES IN THE COMMON COUNCIL
( #113,6/27)
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. 134
LENGTH TO TIME PERMISSIBLE TO HANG BANNER IN CITY OF BUFFALO
(ITEM NO. 138, 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 the above item be and the same hereby is recommitted to the Committee on Legislation
ADOPTED
NO. 135
LICENSING OF PROPERTY MANAGERS( #115,11/01 )
(CCP# 84,2/7)
That the above item is hereby Received and Filed
ADOPTED
NO. 136
LICENSING OF PROPERTY MANAGERS(LAW)
(CCP# 27,1/24)
That the above item is hereby Received and Filed
ADOPTED
NO. 137
EXEMPTION FROM LIVING WAGE ORD FOR RURAL /METRO MED SVS REQ (MAYOR) ( #1, 52)
(CCP# 101, 5/16
That the above item is herby Received and Filed
ADOPTED
NO. 138
FOOD STORE LICENSE - 1172 BROADWAY
(ITEM NO. 32, C.C.P., MAR. 7, 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 denied
ADOPTED
NO. 139
FOOD STORE LICENSE — 900 MAIN ST
(ITEM NO 41 CCP OCT 18, 2005)
(ITEM NO 96 CCP MAY 2, 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. 140
FOOD STORE LICENSE - 357 SWAN
(ITEM NO. 42, C.C.P., OCT. 18, 2005)
(ITEM NO. 84, C.C.P., NOV. 1, 2005)
Mr. Fontana moved
That the above item be and the same hereby is recommitted to the Committee on Legislation
ADOPTED
NO 141
USED CAR DEALER - 227 PADEREWSKI
(ITEM NO. 40, C.C.P., MAY 16, 2006)
(ITEM NO. 107, C.C.P., JUNE 13, 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. 142
USED CAR DEALER - 285 SWAN
(ITEM NO. 43, C.C.P., MAY 16, 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. 143
USED CAR DEALER - 771 MILITARY
(ITEM NO. 62, C.C.P., JUNE 13, 2006)
ITEM NO. 83, C.C.P., JUNE 27, 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 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is authorized to grant a Used Car Dealer
License to Robert Vernon d /b /a Economotors Inc. located at 771 Military.
PASSED
AYES — 8 NOES — 1
AYES — BONIFACIO, DAVIS, FONTANA, GOLOMBEK, KEARNS, LOCURTO, RUSSELL AND THOMPSON
NOES — FRANCZYK
NO 144
B. DAVIS -L. KEENEY- PARKING ON VIRGINIA PL
(CCP# 78,6/13)
That the above item is hereby Received and Filed
ADOPTED
NO. 145
M. BORDONARO- HAZARDOUS CONDITION -27 SWINBURN ST
(CCP# 41,5/30)
That the above item is hereby Received and Filed
ADOPTED
NO. 146
B. DAVIS -PKG ISSUES AT FREY THE WHEELMAN, INC
(CCP# 50,3/21)
That the above item is hereby Received and Filed
ADOPTED
NO. 147
B. DAVIS -M. MIX - WATERFRONT VILLAGE ACCESS ROAD
(CCP# 42,6/27)
That the above item is hereby Received and Filed
ADOPTED
NO. 148
MR. SYED & O- PETITION - REINSTALL FORMER TRAFFIC LIGHT - SYCAMORE & SOBIESKI STREETS ( #67,11/1)
(CCP# 66, 12/27)
That the above item is hereby Received and Filed
ADOPTED
COMMUNITY DEVELOPMENT
(JOSEPH GOLOMBEK JR., CHAIRMAN)
NO. 149
RESULTS OF NEGOTIATIONS - 755 BEST STREET
(ITEM NO. 5, C.C.P., JULY 11, 2006)
That the above item be, and the same hereby is returned to the Common Council without recommendation
Mr. Golombek moved:
That the above item be and the same hereby is recommitted to the Committee on Community Development
ADOPTED
NO. 150
SNYDER - NYSDEC -DEMO OF H -O OATS GRAIN SILOS BY SENECA NATION
CCP# 59,7/11
That the above item be and the same hereby is received and filed.
ADOPTED
SPECIAL COMMITTEES
BUDGET COMMITTEE
(DOMINIC J. BONIFACIO JR., CHAIRMAN)
NO. 151
MAYOR'S PROPOSED 2006 -07 BUDGET (COMPT.)
( #8,5/16)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 152
THIRD QUARTER GAP (COMPT.) ( #9,5/16)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 153
THIRD QUARTER REPORT 2005 -06 ON DIV. OF SUB. ABUSE SVS. (CSRI)
(#44,5/16)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 154
WATER RATE ANALYSIS & PRELIMINARY PROJECTIONS (WATER BD.)
(#48,5/16)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 155
B. DAVIS -M. SCHMAND -REQ. FUNDING FOR BFLO. PLACE
( #61,5/16)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 156
ALTERNATIVE VETERANS EXEMPTION
(ITEM NO. 9, C.C.P., JULY 11, 2006)
That the Common Council adopts the changes to Real Property Tax Law 458 -a, Alternative Veterans Exemption enacted by the State of New York.
PASSED
AYES- 9 NOES — 0
NO. 157
DISABILITIES AND LIMITED INCOMES EXEMPTION
(ITEM NO. 10, C.C.P., JULY 11, 2006)
That the Common Council adopts the changes to Real Property Tax Law 459 -c, Disabilities and Low Incomes enacted by the State of New York to ensure that all
eligible disabled and low income property owners are receiving the full exemption.
PASSED
AYES — 9 NOES — 0
NO. 158
SENIOR CITIZEN EXEMPTION
(ITEM NO. 11, C.C.P., JULY 11, 2006)
That the Common Council adopts the changes to Real Property Tax Law 467, Senior Citizen Exemptions enacted by the State of New York to ensure that all
eligible senior citizens are receiving the full exemption.
PASSED
AYES — 9 NOES — 0
NO. 159
ADD. INFO. ON FEDERAL FINANCIAL ASSISTANCE (COMPT.)
(# 13,5/2)
That the above item be and the same hereby is received and filed.
ADOPTED
NO 160
NO COMPREHENSIVE ANNUAL FINANCIAL RPT. FOR FY YEAR ENDED 6/30/05 (COMPT)
( #23, 4/18).
That the above item be and the same hereby is received and filed.
ADOPTED
WATERFRONT DEVELOPMENT
MICHAEL P. KEARNS
CHAIRMAN
NO. 161
WATERFRONT URBAN RENEWAL PLAN - ADDITIONAL SITE DESIGNATION
(HRG. 7/25) (#98- 7111106)
(CCP #2- 6/27/06)
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, 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- David Stebbins, Strategic Planning, Mark Tyka
Mr. Bonifacio now moved that the hearing be closed. Seconded by Mr Kearns
Mr. Kearns moved:
That the Common Council conduct a Public Hearing to approve the additional Urban Renewal Site Designation - Expanded Waterfront Redevelopment Project
Urban Renewal Area I - Block bounded by Marine Drive, Area II - Bounded by Exchange Street, Michigan Avenue, the Buffalo River, Main Street, South Park
Avenue, Columbia Street, Perry Street and Washington Street.
PASSED
AYES - 9 NOES -0
NO. 162
M. KEARNS -BFLO NEWS ARTICLE "MORE TALKS PLANNED ON OUTER HARBOR
(CCP# 66, 12/27)
That the above item is hereby Received and Filed
ADOPTED
RESOLUTIONS
NO. 163
BY: MR. BONIFACIO
RE: INCREASE MAXIMUM FINE FOR ILLEGAL DUMPING FROM $1,500 TO $2
Whereas: In chapter 216 of the City of Buffalo Charter of Code & Conduct the City has a clear policy regarding the illegal dumping of materials; and
Whereas: Currently, the City grants a $1,000 reward to those who "furnish information leading to the apprehension, arrest and conviction of anyone found guilty of
illegal dumping within the City of Buffalo as set out in this chapter ;" and
Whereas: Since there are no current provisions set to pay these rewards out of a special account, they must be paid as claims; and
Whereas: The City should not be paying claims for individuals who are in breach of City ordinances, it seems appropriate that the City should set a provision that
requires the violator of the dumping ordinance to be responsible for the added expense; and
Now, Therefore Be It Resolved:
That the Common Council does hereby request that the City of Buffalo amend the illegal dumping ordinance fine as prescribed in Chapter 137, Article I from
$1,500 to $2,500 in order to offset the cost of the reward given by the City to those who furnish information leading to the apprehension, arrest and conviction of
anyone found guilty of illegal dumping within the City of Buffalo.
REFERRED TO THE COMMITTEE ON LEGISLATIONAND CORPORATION COUNSEL
NO. 164
SPONSOR: MR. BONIFACIO
CO- SPONSORS: MR. FRANCZYK, MS. RUSSELL, MR. DAVIS, MR. FONTANA,
MR. GOLOMBEK, MR. KEARNS, MR. LOCURTO, MR. THOMPSON
WATER RATE ANALYSIS STUDY - COMMON COUNCIL RECOMMENDATION
Whereas: This Common Council has received many requests to lower the cost of water rates borne by residential, commercial and industrial users, both as a
quality of life initiative and as a catalyst for attracting new business and economic growth to the City; and
Whereas: The Buffalo Water Board (the BWB) continues to deal with many challenges while operating and maintaining an aging water system; these include
amongst other things, generating sufficient revenues to finance the cost of potable water production, the allocation of these costs among an ever changing number
of residential, commercial and industrial water customers, and the use of a billing model that has changed very little since its inception over fifty (50) years ago;
and
Whereas: The Common Council, recognizing the needs of their constituency and the potential for inequity when setting water rates and distributing production
costs, previously introduced a resolution requesting the BWB to perform a Water Rate Analysis Study; and
Whereas: The BWB engaged the services of a Water Rate Analysis Consultant to examine current and future - revenue and cost projections and present
recommendations to enable the BWB to develop a fair, equitable and competitive water rate billing model for use in today's marketplace; and
Whereas: The Consultant has tendered three (3) recommendations to the BWB: (1) retain the status quo end continue the current billing model, (2) initiate a
new Industrial /Non - Industrial billing model that distributes costs based on meter size, or (3) initiate a hybrid billing model to enable fair and equitable rate setting
and reduce the impact of rates on residential customers, and those of industrial customer over time, and
Whereas: The BWB, an independent government entity, separate from the City, has invited the City and its leaders to participate in the selection of a new billing
model by recommending a course of action on behalf of residents and businesses that they represent.
Now Therefore Be It Resolved:
That this Common Council hereby recommends to the BWB, their adoption of a new Hybrid
billing model to enable fair and equitable rate setting and reduce the impact of rates on residential customers, and spread the impact of rates on industrial
customer over time; and
Be It Further Resolved:
That a certified copy of this resolution be forwarded to BWB
ADOPTED
NO. 166
BY: MR. BONIFACIO
611 -136. USE PERMIT REQUIRED FOR HUMAN SERVICE FACILITIES.
A. Legislative findings and intent. The Common Council hereby finds that human services facilities provide valuable services to our most vulnerable residents
and employment opportunities to all residents that are crucial to the economic well being of the City of Buffalo. The Common Council finds that locating human
service facilities throughout the City of Buffalo is in the best interests of those served and of the neighborhoods of Buffalo. The Common Council recognizes that
locating a human services facility in a neighborhood can be a source of concern and by this ordinance seeks to foster communication and cooperation rather than
confrontation among and between local facilities and local communities. In enacting this ordinance, the Common Council seeks to avoid a disproportionate
distribution of human service facilities and to establish clearly- defined procedures that best meet that goal and serve the best interests of Buffalo's residents,
neighborhoods and human service facilities.[It is recognized that human service facilities exist in locations throughout the City of Buffalo. It is further recognized
that there exists a concentration of such facilities in certain areas of the city despite application of the current Zoning Ordinances of the City of Buffalo. The
continuing placement of such facilities in areas which are already over - concentrated serves to defeat the community integration goals of these facilities and may
alter the nature and character of afffected areas to the detriment of both the users of such facilities and the community in general. Further regulation is therefore
necessary to balance the interests of the users of such facilities and the community in general.]
Drafter' Note: With a very minor change, I inserted the Legislative Finding and Intent as
has been proposed by the Inclusion Task Force ("ITF").
B. Regulated uses. Effective October 1, 2006 no public or private entity shall establish a food pantry, soup kitchen, substance abuse community or residential
treatment facility, walk -in or drop -in center, counseling center, detention center, temporary or short -term shelter, transient housing, residential treatment facility
established for penal or correctional purposes or similar facilities, in the City of Buffalo without first obtaining permission from the Zoning Board of Appeals. The
requirements of this article shall apply to regulated uses existing prior to the effective date of this article which are enlarged or extended after the effective date of
this article.
Drafter's Note: The ITF proposed an amendment to this section that would exempt places of worship and religious facilities and would make the ordinance
applicable only in R and C districts and not the whole City of Buffalo as it currently reads. I do not agree with this amendment. Certainly religious institutions are
entitled to preferential treatment with respect to land use regulation under New York law but giving them a blanket exemption would improperly limit a local
government's ability to impose reasonable restrictions on development proposals made by religions institutions as allowed by law. See, e.g., Matter ofPine Knolls
Alliance Church v. Zoning Board of Appeals of the Town of Moreau, 804 NYS2d 708 (2005). As far as limiting the ordinance to R and C districts only, I think this
would be unwise in that a disproportionate distribution of facilities could take place in any district in the City and to limit the regulation to R and C districts would
exempt these facilities by_geography alone.
C. Application to Zoning Board. Applicants seeking to establish uses regulated under this section shall submit to the Zoning Board a detailed
description of the proposed use, including but not limited to an estimation of the number of individuals to be served at the facility over a stated time period,
the number of residents to be housed, the activities and programs anticipated at the facility, the hours of operation and the degree of supervision at the facility. The
applicant shall also submit a demonstration of the need for such use at the proposed location and a detailed explanation of how this use will not adversely impact
the nature and character of the area in which the facility is to he based. The applicant shall also submit the information required under this subsection to both the
Common Council and the City Planning Board for their review and advisory recommendation, if any. The Zoning Board of Appeals, Common Council, or City
Planning Board may also require other information as may reasonably he necessary to ascertain the impact of the proposed facility on public safety, health and
welfare.
Drafter's Note: The ITF makes certain amendments addressing application forms to be provided by the City and how these application forms are to be processed.
While I have no issue with efficiency measures, I do not think we need to change the ordinance to get a City Department to provide and use forms as this can be
done by changes to the internal rules and procedures of these departments. The ITF also wants the information to go to the District Councilmember and allow for
the District Councilmember to require a face - to -face meeting. This change would increase the potential for political influence playing a role in the process that was
troubling to Judge Skretny and formed the basis for our decision to refer this matter to the Zoning Board and to limit the Council's role. The ITF's comments that
"the Planning Board and not the Zoning Board was still ruling on the concentration issue" is troubling but the ordinance as it stand— makes it clear that the
Planning has an advisory role consistent with the Planning Board's Charter duties.
With regard to the proof of a negative issue raised by the ITF, I have made a change to sections F below which addresses ITF's concerns.
D. Standards. In addition to a consideration of the effect of the proposed use on the public health, safety, and aesthetics, the Zoning Board shall consider the
impact of the proposed use on the area in which the facility is to be based, including the concentration of existing regulated uses. The Zoning Board shall consider
any recommendation from the Common Council or the City Planning Board, but it is not bound by these recommendations. Within 90 —ys after receiving an
application, the Zoning Board of Appeals shall either approve the application without conditions, approve the application with conditions or deny the application.
Drafter's Note: The standard in the current law is consistent with the Padavan Law and case law interpreting the Padavan Law (See. e.g., Jennings v. CitF of
Alban —, 90 NY2d 227 (1997). 1 do not recommend a modification to this section. If the Zoning Board wants to develop some obiective parameters to assist them in
their decisions I have no obiection to that but that is for them to do and does not need to be reflected in the ordinance.
I have reduced the Zoning Board's decision time from 120 days to 90 days m accommodate the ITF's planning concerns
E. Conditions on approval. In the event of an approval, the Zoning Board may attach such conditions as are necessary or desirable in its judgment to ensure the
compatibility of the proposed use with surrounding property and overall development of the community. Such conditions shall be expressly set forth in the Zoning
Board approval. In the event of an approval, the Zoning Board shall transmit the approval, together with any conditions, to the Department of Permit and Inspection
Services who shall issue a permit reflecting the Board's decision - Nothing contained herein shall preclude the Zoning Board from making reasonable
accommodations in rules, policies, practices or services as are necessary to allow the users of a regulated facility to use and enjoy such facility.
I do not fully understand the ITF's issues with the current language. I think the current language makes it clear that if the Zoning Board approves a facility they can
do so with conditions or without conditions (i.e. "the Zoning— Board may attach such conditions "(emphasis added)
I did add a sentence at the end addressing the ITF's concerns about the transmittal of an approval as follows "In the event of an approval, the Zoning Board shall
transmit the approval, together with any conditions, to the Department of Permit and Inspection Services who shall issue a permit reflecting the Board's decision."
F. Denial of application. The Zoning Board shall deny an application if it is determined that the nature and character of the area in which the facility is to be based
would be substantially altered as a result of the establishment of the facility. This burden shall remain with the Zoning Board and the applicant shall not be required
to prove that the nature and character of the area in which the facility is to be based would not be substantially altered as a result of the establishment of the facility
In the event of a denial, the Zoning Board shall issue a written decision specifying the basis for the denial which shall be transmitted to the applicant and the
Department— of Permit and Inspection Services.
ITF has raised an issue that the applicant may be required to prove that there will not be a substantial alteration as a result of the establishment of the facility (i.e.
they call this the proofofa negative issue). This has never been the case under the current ordinance and to clarify that I have added a sentence to section F to
read as follows "This burden shall
remain with the Zoning Board and the applicant shall not be required to prove that the nature and character of the area in which the facility is to be based would
not be substantially altered as a result of the establishment of the facility
ITF has also raised a concern about the Zoning Board's transmittal of a decision and I have added the following language to the last sentence "which shall be
transmitted to the applicant and the Department of Permit and Inspection Services."
G. Abandonment of use. All approvals issued under this article shall expire and terminate upon the cessation or abandonment of the permitted use for a one -
year period.
H. Termination. All approvals shall be deemed to be personal to the holder and shall terminate upon the transfer of title or ownership of the property or change of
operator, tenant or occupant or a change of use.
I. Exemption. The requirements of this article shall not apply to hospitals, sanitariums or other institutions governed by § 511 -12H of this chapter. The
requirements of this article shall not apply to those facilities whose site selection is comprehensively regulated by state or federal law and when such regulation is
intended to preempt local regulation of site locations as contained in this article.
J. Effective date and expiration. This article shall take effect on October 1, 2006 and shall expire on July 1, 2011
K. Severability. If any word, clause, sentence, paragraph, subsection, section or part of this article included in this article now or through supplementation shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its
operation to the word, clause, sentence, paragraph, subsection, section or part thereof directly involved in the controversy in which such judgment shall have been
rendered.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 166
BY MR BONIFACIO
PERMISSION TO ACCEPT FUNDS FROM
NEW YORK STATE DEPARTMENT OF LABOR
OCCUPATIONAL SAFETY AND HEALTH TRAINING PROJECT 06 -104
WHEREAS; The City of Buffalo has been successful in obtaining grant funds for an employee Safety and Health Training Program through the New York State
Department of Labor. The amount of the grant award is $72,000. There is no City match involved with this grant, and
WHEREAS; Estimates of the financial impact on the City of Buffalo in direct costs and lack of productivity due to employee injury over the past several years
exceeds $50 million. The safety training grant was sought in order to protect our employees by training them to prevent injury and also to mitigate the costs
associated with injury, and
WHEREAS; The funds are to be used by the Department of Human Resources for an employee safety- training program to be conducted by Erie Community
College for workers in each city department including the Common Council and City Clerk. Sessions will provide training to individuals for proper techniques and
use of appropriate equipment in carrying out their work responsibilities, and
WHEREAS; The following topics will be covered in training sessions: Back injury, slips and falls, job stress, repetitive motion, protective equipment, ergonomics,
workplace violence, emergency response and preparedness, hazard communication, indoor air quality, and forklift safety, and
WHEREAS; In addition, a safety committee has been established not only to participate in training sessions, but more importantly to monitor the program to ensure
maximum compliance and benefit and to determine areas that may be included in future grant applications
Now, Therefore Be It Resolved:
That the Common Council authorizes acceptance of grant funds from the New York State Department of Labor, authorizes execution of all necessary agreements
to implement this grant, and approves establishing appropriate accounts for this purpose.
PASSED
AYES — 9 NOES — 0
NO 167
MR DAVIS
RE: ORDINANCE AMENDMENT
CHAPTER 16, FINANCE
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 16 of the Code of the City of Buffalo be amended to read as follows:
ARTICLE VII - SHARED ASSET FORFEITURE FUND (SAFF)
16 -24. Legislative Intent - Shared Asset Forfeiture Fund (SAFF)
A Shared Asset Forfeiture Fund (SAFF) shall be established in the Department of Police to provide funding to private, not - for - profit and community based
organizations classified as and meeting the requirements of 26 U.S.C. § 501 (U, (3) or U, for conducting programs associated with law enforcement, crime, drug
and alcohol abuse prevention, that contribute to the safety_, betterment, and physical well being of youth within the City of Buffalo.
The SAFF shall be accounted for in the appropriate fund and account group designated by the Comptroller in accord with generally accepted accounting
principles and regulatory requirements.
The SAFF shall be comprised of fifteen percent (15 %) of all Drug Asset Forfeiture Funds (DAFF) received annually by the City, interest earned on the investment
of idle SAFF, and /or donations from other sources. Currently, U. S. Department of Justice regulations allow DAFF to be transferred to a SAFF in an amount not to
exceed 15% of DAFF recovered and received by the City during a fiscal year.
SAFF spending shall be in accord with an Approved SAFF Annual Spending Plan that shall be fully expended annually. SAFF principal shall be used to pay_
spending plan expenses: idle SAFF shall be invested to maximize interest earnings thereon. SAFF purchases shall be consumed and /or distributed upon delivery
or as soon as possible thereafter and shall not be stored to create an inventory. SAFF shall not be used for salaries, operating supplies, equipment, capital
improvements, real estate acquisition, SAFFAC expenses, etc.
Unless identified otherwise, all positions and entities referred to herein are as listed in the City Charter and Code.
16 -25. Shared Asset Forfeiture Fund Advisory Committee (SAFFAC)
The Shared Asset Forfeiture Fund Advisory Committee (SAFFAC) shall consist of five (5) members, each having voting power. The Commissioner of Police shall
serve ex- officio; the Mayor and the Common Council shall each appoint two U qualified electors who shall serve subject to confirmation by majority vote of the
Common Council.
SAFFAC appointment shall be for a term of and for not more than two U consecutive years excluding appointment during the unexpired term of a replaced
incumbent except that the Mayor and the Common Council shall each initially select one member who shall serve for a term of three U consecutive years.
SAFFAC membership shall be voluntary and without compensation: however, Committee members may be reimbursed for authorized expenses to the extent
funds are allocated and approved by the Common Council.
16 -26. SAFFAC Duties and Responsibilities The SAFFAC shall, prescribe its forms and rules of order: initiate actions by majority vote: annually select from
amongst its members a Chairman, Vice - Chairman and Secretary who shall maintain the orderly conduct of SAFFAC actions: conduct public hearings and
meetings as needed: accept and review SAFF spending applications: and prepare a Recommended SAFF Annual Spending Plan for submission to the Mayor.
SAFFAC actions and proceedings shall be documented immediately thereafter by filing minutes thereof with the Clerk. SAFFAC meetings and hearings are
regulated by the New York State Open Meetings Law and shall be advertised at least one week prior to being held using print, audio and video media outlets that
are generally considered to provide city -wide distribution or coverage.
The SAFFAC shall seek the assistance of the Commissioner of Police, the Corporation Counsel, the Comptroller and any other City Departments), who shall
provide guidance, counsel, advice and assistance as needed.
16 -27. Reports
The Commissioner of Police shall report the then current guidelines for transferring DAFF to the SAFF and the amount of DAFF transferred to the SAFF during
the current and prior two fiscal years by January 15 of each year, to the SAFFAC, the Mayor, the Common Council and the Comptroller.
The Comptroller shall report the financial position of the SAFF as of December 31 and June 30, by January 10 and July 10 respectively during each year. The
report shall list SAFF beginning and ending balances, commitments and summaries of revenues, interest earnings and expenditures during the period and shall
be filed with the SAFFAC, the Mayor, the Common Council and the Commissioner of Police.
16 -28. Auditing
The Comptroller may audit and /or examine the books and records of any entity receiving or disbursing the SAFF upon appropriate notice thereto. Any audit
performed by the Comptroller shall upon completion, be reported to the SAFFAC, the Mayor, the Common Council and the Commissioner of Police.
16 -29. The SAFF Recommended Annual Spending Plan
Subiect to the availability of at least one - thousand dollars ($1,000.00) of uncommitted SAFF as of December 31 of each year as reported by the Comptroller, the
Commissioner of Police during the month of January, shall make application available and accept completed applications for SAFF spending. Prior to their
forwarding to the SAFFAC, the Commissioner of Police shall review each application for compliance with this code and shall certify whether it is complying or non -
complyin.g.
The SAFFAC shall, review all applications received by the Commissioner of Police: conduct public hearing(s) within the community and with community service
providers, to seek, encourage and discuss suggestions and ideas for SAFF spending: prepare a Recommended SAFF Annual Spendin.q Plan that identifies
applications and programs that best serve the needs of the city, their respective funding amount and rankin.gby importance: and the amount of SAFF if an
designated for use in the next annual spending plan. The SAFFAC Recommended SAFF Annual Spending Plan and supporting applications shall be submitted to
the Mayor by March 1 of each year.
The Mayor shall review the SAFFAC Recommended SAFF Annual Spendinq Plan and supporting applications for compliance with the goals and objectives of the
City, it's Annual Budget and Four -Year Plan: and shall annotate each recommended application as in compliance, or not -in- compliance and the reason(s)
therefore. The Mayor's Recommended SAFF Annual Spending Plan and supportin.q applications shall be filed with the Common Council by April 1 of each year.
16 -30. The SAFF Approved Annual Spending Plan
The Common Council shall review the Mayor's Recommended SAFF Annual Spending Plan and supporting applications and by majority vote no later than May 1,
shall approve or deny each Spending Plan line item and the corresponding application, thereby creating the Common Council Approved SAFF Annual Spendin.q
Plan.
The Common Council, for any Spending Plan line item and corresponding application that is denied, may authorize and direct the SAFFAC to reconvene to submit
a revised. Recommended SAFF Annual Spending Plan: and shall correspondingly designate a revised temporary timetable to achieve the spirit and intent of this
Code. Notwithstanding, the SAFF annual fiscal period shall conclude June 30.
The Mayor may object to any Recommended SAFF Annual Spendinq Plan and corresponding Application that is denied by the Common Council, by the return
thereof to the, Common Council within ten (10) days thereafter, together with the reasons for objection. The Common Council may within ten (10) days thereafter,
affirm its actions by two - thirds vote of its members: otherwise, the Mayor's Recommended Spending Plan and supporting application(s) shall be deemed
approved.
The Commissioner of Police with the assistance of the Corporation Counsel shall execute the appropriate contracts] to which the respective application shall be
appended thereto, in accord with the Approved SAFF Annual Spending Plan, as a prerequisite to program delivery by the successful applicant.
16 -31. Remedies for Violations
Anyperson(s) either employed by or associated with any entity in receipt of SAFF, and /or serving as a Director or Officer thereof including their successors, shall
be responsible for safeguarding SAFF and /or the goods and services procured there from.
The inappropriate and /or illegal spending or misappropriation of SAFF resources is considered a theft of government services that may subject such individual(s)
to legal prosecution and responsibility for damages incurred by the City as a result thereof. APPROVED AS TO FORM
Corporation Counsel
[NOTE: Matter underlined is new, matter in brackets is to be deleted.]
REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL.
NO. 168
BY: MR. DAVIS
GRANT SUB -ZERO ESTABLISHMENT PERMISSION TO UTILIZE OUTDOOR PATIO FOR NON - AMPLIFIED MUSIC
Sub -Zero, a business establishment located at 70 W. Chippewa Street will be hosting outdoor entertainment on their outdoor patio; and
This outdoor music entertainment will take place this summer from July 25, 2006 through September 10% 2006; and
Sub -Zero is seeking permission to allow for this specific entertainment to take place at said premises and during the aforementioned dates. Now, Therefore, Be It
Resolved:
That the Common Council of the City of Buffalo grants permission to St. Sub Zero located at 70 W. Chippewa Street to provide non - amplified outdoor music on
their patio from July 25, 2006 through September 10, 2006; and
Now, Therefore Be it Resolved:
That the Common Council of the City of Buffalo grants permission to St. Sub Zero located at 70 W. Chippewa Street to provide non - amplified outdoor music on
their patio from July 25, 2006 through September 10, 2006.
PASSED
AYES - 9 NOES -0
NO. 169
BY: MR. DAVIS
PERMISSION TO HANG FLAGS ON NIAGARA STREET
Whereas: The Puerto Rican Day Parade of Western New York Association, Inc.
would like to promote the 4h Annual Puerto Rican Day Parade; and
Whereas: The Committee of the Puerto Rican Day Parade of Western New York Association, Inc. is requesting permission to display flags on Niagara Street
between South Elmwood Avenue and Porter Avenue to Forth Street; and
Whereas: The committee has requested the flags to be hung from Saturday, September 2, 2006 through Saturday, September 30, 2006; and
Whereas: The committee is requesting to use the following street light poles;
112, 122, 134, 135, 138, 141, 151, 181, 144, 165, 176, 202, 225, 251, 265, 246, 220, 239, 303, 315, 33,
7,381,310,336, 322, 282, 296, 344,411,451,436, 473, 503, 460, 470,516,524, 531, 577, 612,141,
165,239,315,425, 490, 549, 630, 643,691,215,199,175,192,143, 95, 51,138, 48,170
Now Therefore Be it Resolved:
That the Common Council of the City of Buffalo grants permission to the
Puerto Rican Day Parade of Western New York Association, Inc. to hang said flags to advertise there 4 Puerto Rican Day Parade, and
Be it Further Resolved:
That the Puerto Rican Day Parade of Western New York Association, Inc. will purchase the necessary bond before the flags are hung and said flags meet all the
requirement's of pertinent City Department's and that no existing laws are violated.
PASSED
AYES -9. NOES -0.
NO. 170
BY: BRIAN C. DAVIS
PERMISSION TO A HANG BANNER ON NIAGARA STREET
Whereas: The Puerto Rican Day Parade of Western New York Association would like to hang a banner on Niagara Street between Maryland Street and Hudson
Street to advertise the 4h Annual Puerto Rican Day Parade to be held on September 9, 2006; and
Parade of Western New York Association to display a banner for advertisement of the 4 Puerto Rican Day Parade.
Whereas: The Puerto Rican Day Parade of Western New York Association has requested that said banner be displayed from Thursday August 10, 2006 through
Thursday September 14, 2006; and
Now Therefore Be It Resolved That:
The Common Council of the City of Buffalo grants permission to The Puerto Rican Day Parade of Western New York Association to Display a banner for
advertisement of the 4 Puerto Rican Day Parade.
Be It Further Resolved That:
The Puerto Rican Day Parade of Western New York Association 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.
PASSED
AYES - 9 NOES -0
NO. 171
BY: BRIAN C. DAVIS
ST. JOHN TOWNHOMES
Whereas: The Common Council of the City of Buffalo, New York (the "Council "), recognizes the need to develop a sufficient supply of adequate, safe and sanitary
dwelling accommodations, within the financial reach of families and persons of low income; and
Whereas: The Council recognizes that the investment of private funds in entities engaged in providing such accommodations should be encouraged; and
Whereas: St. John Townhomes Housing Development Fund Company, Inc., a company organized under Article XI of the Private Housing Finance Law, has
proposed to redevelop real property in the City of Buffalo, New York, for the purpose of erecting a total of 28 units of affordable housing for very low income
persons; and
Whereas: This Council has been asked to approve a Payment in Lieu of Taxes Agreement in form and substance as set forth in the Agreement attached hereto
and made a part hereof
Now, Therefore be it Resolved: That the Council hereby determines that the redevelopment of the real property identified in the attached Exhibit in the City of
Buffalo, New York by St. John Townhomes Housing Development Fund Company, Inc., is necessary and convenient to accomplish the public purposes as defined
in said Article XI, including the purposes set forth above; and it is further
Be it Finally Resolved: That the real property located in the Attached Exhibit in the City of Buffalo, New York, be exempted from real property taxes to the full
extent permitted by the Private Housing Finance Law, conditioned upon St. John Townhomes, Housing Development Fund Company, Inc., having entered into a
Payment in Lieu of Taxes Agreement with the City of Buffalo, New York in substantially the form presented to this meeting.
PASSED
AYES - 9 NOES -0
NO. 172
BY: BRIAN C. DAVIS
TRAILBLAZING SIGNAGE FOR EDWARD STREET AS "LOUIS STEPHEN LE COUTEULX WAY"
Whereas: Louis Stephen Le Couteulx, a French nobleman, moved to the Western New York area in 1803. He was an early benefactor to the City of Buffalo, whose
donations still impact the City today ; and
Whereas: In 1829, he donated a two acre plot of land at Edward and Main Streets, stretching westward to Virginia Street, where Buffalo's first Catholic Church
was built. Today St. Louis Roman Catholic Church; and
Whereas: Over the years as buildings were demolished and streets reconfigured, Louis Stephen Le Couteulx name disappeared from public view. Today the
Buffalo Lille Association believe his contributions deserve remembrance and honor; and
Whereas: A check in the amount of $319.00 has been forwarded to the Department of Traffic Engineering, the total cost of three signs.
Now, Therefore, Be It Resolved:
That the Buffalo Common Council approves the installation of a trailblazing sign, proclaiming Edward Street, between Main and Virginia Streets, as "Louis Stephen
Le Couteulx Way "; and
Be It Further Resolved:
That this Common Council requests that the Department of Public Works install trailblazing signs which will read "Louis Stephen Le Couteulx Way" on Poles #28,
#132, and #192 on Edward Street.
PASSED
AYES -9. NOES -0.
NO. 173
BY: BRIAN C. DAVIS
TRAILBLAZING SIGNAGE FOR SEVENTH STREET AS "ISAIAS GONZALEZ SR. WAY"
Whereas: Isaias Gonzalez, a native of Moca, Puerto Rico, lived in the City of Buffalo from 1950 until 1990. While in Buffalo he hosted a Spanish language radio
show for 26 years, was instrumental in establishing Buffalo's bilingual education program, was chairman and co- founder of the community group Estudia, and was
active in many other Hispanic organizations and endeavors; and
Whereas: Isaias Gonzalez was a machine operator at Bethlehem Steel, and owned a grocery store at Seventh and Virginia Streets and a restaurant on Busti
Avenue. In addition, he worked for the City of Buffalo from 1966 to 1983 as a field representative for the Division of Human Relations and an affirmative action
office for the Division of Urban Affairs; and
Whereas: Isaias Gonzalez is survived by Carmen, his wife Of27 years, six sons, two daughters, two step sons, a step daughter, 13 grandchildren and three
great - grandchildren.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo approves the installation of a trailblazing sign proclaiming a portion of Seventh Street "Isaias Gonzalez Sr. Way ";
and
Be It Further Resolved:
That this Common Council requests that the Department of Public Works install trailblazing signs that read "Isaias Gonzalez Sr. Way" a the following locations:
one sign at Seventh Street at the comer of Virginia Street and three signs at the three -way stop a the comer of Seventh and Maryland Streets
PASSED
AYES -9. NOES -0.
NO. 174
BY: MR. DAVIS
TRANSFER OF FUNDS
COMMON COUNCIL LEGISLATIVE
That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of $12,200 be and the
same is hereby transferred within Common Council Legislative and said sum is hereby reappropriated as set forth below:
From:
Legislative - Personal Services
10103001 - 411001 Salary $4,350
Common Council Legislative
10102001 - 412002 Hourly Salary $7,850
To-
Common Council Legislative
10102006-432004 Engineering & Technical $12,200
PASSED
AYES - 9 NOES -0
NO. 175
BY: MR. DAVIS
ORDINANCE AMENDMENT
Amendment to Section 133 -12 of the Buffalo City Ordinances suspending the application of such section in order that the lease may be approved into between the
City of Buffalo and the Buffalo Niagara Medical Campus, Inc. with respect the property commonly known as the Buffalo General Hospital Parking Ramp, the form
of which lease has been contemporaneously submitted by resolution to this Common Council.
WHEREAS, the Buffalo Niagara Medical Campus, Inc. ( "BNMC ") is dedicated
to the cultivation of a world -class medical campus for clinical care, research, education and entrepreneurship in downtown Buffalo, New York. The City of Buffalo
( "City ") owns a parking ramp within the area within the jurisdiction of the BNMC, located at Ellicott Street and Goodrich Street, adjacent to Buffalo General Hospital
(the "Ramp ");
WHEREAS, the City and BNMC both would like for the public to be provided
with access to an integrated parking system within the medical campus. The parties therefore desire for the BNMC to enter into a lease with an option to purchase
the Ramp from the City for a mutually agreed upon price;
WHEREAS, representatives of the City and BNMC had negotiated a proposed
lease agreement in order to memorialize their understandings of the transaction, the form of which lease agreement ( "Lease Agreement') has been
contemporaneously presented to this Common Council;
WHEREAS, in order for the Lease Agreement to be properly authorized and
executed by the parties, Section 133 -12 of the Buffalo City Ordinances requires the amendment as hereatter provided.
NOW, THEREFORE,
BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO as follows:
Section 1. The Common Council of the City hereby determines and makes appropriate legislative findings that the Lease Agreement, ancillary arrangements
thereto, and the proposed amendments to Section 133 -12 of the Buffalo City Ordinances are beneficial for the residents of the City and will promote economic
opportunities to the residents of the City and authorizes Mayor Byron Brown to sign the lease agreement and authorize the Corporation Counsel to prepare any
other necessary documents.
Section 2. The Common Council of the City does hereby ordain that Section
133 -12 of the Code of the City of Buffalo be, and it hereby is, amended to read by adding thereto a new subdivision J subparagraph (12) that shall read as follows:
(12) The rental of the Buffalo General Hospital Ramp nor to the letting of concession privileges or space in connection therewith.
Section 3. This resolution shall take effect immediately upon approval of the Mayor of the City.
Approved as to Form
David State
Senior Deputy Corporartion Counsel
I certify the necessity of this ordinance for its immediate passage.
Byron W. Brown, Mayor
REFERRED TO THE COMMITTEE ON FINANCE, CORPORATION COUNSEL, PARKING BOARD.
NO. 176
BY: MR. FRANCZYK
DESIGNATE THE AREA BOUNDED BY WILLIAM AND DIVISION STREET TO THE NORTH, BUFFALO RIVER TO THE SOUTH, BABCOCK TO THE EAST
AND MICHIGAN TO THE WEST AS A BANKING DEVELOPMENT DISTRICT FOR A NEW BRANCH OF THE FIRST NIAGARA BANK
Whereas: The First Niagara Bank is a full- service bank, with branches located throughout the City of Buffalo.
Whereas: The proposed area includes approximately ten census tracts, five low and five moderate income tracts, four of which are majority /minority tracts
(population of more than 50% minority). Two of the tracts, 4, and 15 are partially located within the boundaries of the proposed Banking Development District. The
primary bank providing financial services within the immediate area closed in December 2003 leaving a void and forcing area residents to travel outside of their
communities for basic banking services. It is anticipated that the development of a full service bank branch will restore the necessary financial services to the
community, thereby reducing the impediments to establishing financial security. Necessary financial services include providing access to affordable residential and
consumer loans, transaction accounts, investments, business lending, insurance and a variety of community development resources.
Whereas: There is a demonstrated need to serve the local community by providing a safe and profitable banking environment that fosters the achievement of
personal financial goals, homeownership and business growth; and
Now, Therefore Be It Resolved:
The Common Council hereby supports the creation of a banking district in the area bounded by William and Division Street to the north, Buffalo River to the South,
Babcock to the east and Michigan to the west;
Be It Further Resolved:
This Common Council hereby authorizes the Mayor to take any and all steps reasonable and necessary to support or join in the application for a banking district to
be designated in the area bounded by William and Division Street to the north, Buffalo River to the South, Babcock to the east and/ Michigan to the west.
ADOPTED
NO. 177
BY: MR. FRANCZYK
REFER SENECA ERIE GAMING CORPORATION'S REQUEST FOR THE ABANDONMENT AND SALE OF A PORTION OF FULTON STREET AND
ASSOCIATED ROADWAY AND UTILITY INFRASTRUCTURE ACTIVITIES TO THE ERIE COUNTY DEPARTMENT OF ENVIRONMENT AND PLANNING
Whereas: The City of Buffalo has received a request from the Seneca Erie Gaming Corporation for the abandonment and sale of a portion of Fulton Street and
associated roadway and utility infrastructure activities; and
Whereas: This request has been referred to the Common Council for its consideration; and
Whereas: It is anticipated that the Common Council may receive additional information about the proposed action; and
Whereas: General Municipal Law Section 239 -m requires municipalities to refer certain "proposed actions" to the appropriate county planning agency; and
Whereas: The Common Council will refer this matter to the Erie County Department of Environment and Planning in accordance with General Municipal Law
Section 239 -m; and
Now, Therefore, Be It Resolved:
That the Common Council hereby directs its staff to refer the proposed action, including all later received additional information regarding the proposed action, to
the Erie County Department of Environment and Planning in accordance with General Municipal Law Section 239 -m.
ADOPTED
NO. 178
BY: MR. GOLOMBEK
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 -19. Taxi stands.
The following are hereby designated as places where taxicabs may stand while awaiting employment:
Copy was unable to scan properly; item is available for review in City Clerk's Office per City Clerk's authorization.
It is hereby certified pursuant to Section 3 -19 of the Charter of the City of Buffalo, that the immediate passage of the foregoing ordinance is necessary.
Byron W. Brown
Mayor
APPROVED AS TO FORM
David State, Senior Deputy Corporation Counsel
Corporation Counsel
NOTE: Matter underlined is new, matter in brackets is to be deleted.
PASSED.
AYES - 9 NOES -0
NO. 179
BY: MR. KEARNS
GRANT PERMISSION TO THE AFL -CIO OF BUFFALO AND ERIE COUNTY LABOR DAY PARADE COMMITTEE TO HANG INFORMATIONAL BANNERS
ACROSS CAZENOVIA ST., SENECA ST. AND SOUTH PARK AVE.
Whereas: The AFL -CIO of Buffalo and Erie County Labor Day Parade Committee will be holding a Labor Day Parade on Sept. 4, 2006; and
Whereas: The parade will be held along Abbott Road in South Buffalo, ending at the
Cazenovia Park Casino; and
Whereas: In order to promote this Labor Day Parade, representatives from the AFL -CIO of Buffalo and Erie County Labor Day Parade Committee are seeking
permission to hang informational banners across Cazenovia St., Seneca St. and South Park Ave. from August 1, 2006 through September 20, 2006; and
Whereas: The AFL -CIO of Buffalo and Erie County is familiar with the banner requirements and will purchase the necessary bond before the banners are hung;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo grants permission to the AFL -CIO of Buffalo and Erie County to hang informational banners across Cazenovia St.,
Seneca St., and South Park Ave. to increase awareness and to promote this parade; and
Be It Further Resolved:
That the banners will hang across Cazenovia St. located at light poles number 2131 and 2136; Seneca St. located at light poles number 996 and 1001; and South
Park Ave. located at light poles number 35 and 48 from August 1, 2006 through September 20, 2006; and
Be It Finally Resolved:
That said banners must meet all the requirements of pertinent city departments and that no existing laws are violated.
PASSED
AYES -9. NOES -0.
NO. 180
BY: MR. KEARNS
RE- EXAMINING THE INTERMUNICIPAL AGREEMENT FOR OPERATION, MANAGEMENT AND IMPROVEMENT OF CITY OF BUFFALO PARKLANDS
BETWEEN THE CITY OF BUFFALO AND ERIE COUNTY THAT TRANSFERRED ALL FORESTRY DUTIES FROM THE CITY OF BUFFALO TO ERIE
COUNTY.
Whereas: On July 1, 2004 the City of Buffalo transferred all forestry duties to Erie County under the Intermunicipal Cooperation Agreement for Operation,
Management and Improvement of City of Buffalo Parklands; and
Whereas: Under the terms of this Intermunicipal Agreement, the County operates, maintains, and manages the Parklands formerly operated, maintained and
managed by the City and provides for emergency and non - emergency tree trimming and removal of broken or dangerous limbs of City owned trees in City owned
rights -of -way outside of the Parklands; and
Whereas: The City of Buffalo continues to cover claims for damages relating to City trees and Parklands since this Intermunicipal Agreement took effect; and
Whereas: The City paid 26 tree damage claims totaling $32,669.79 in 2004, 38 claims totaling $72,823.71 in 2005, and have
already settled 36 claims for $36,967.05 in 2006; and
Whereas: Both the total number and dollar value of tree damage claims paid by the City has substantially increased since the
enactment of this Intermunicipal Agreement; and
Now, Therefore, Be It Resolved That: The Common Council of the City of Buffalo requests that the City's Corporation Counsel re-
examine the Intermunicipal Cooperation Agreement for Operation, Management and Improvement of City of Buffalo in regards to
the City's responsibility to pay claims for damages premised on trees maintained by the County and report their findings to the
Common Council.
REFERRED TO THE COMMITTEE ON FINANCE, CORPORATION COUNSEL, AND COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS
NO. 181
BY: MR. KEAMS
CO- SPONSOR: MR. FRANCZYK
TRAILBLAZING SIGNAGE FOR BOLTON PLACE AS "JIMMY SLATTERY PLACE"
Whereas: On Sunday, June 11, 2006, James Patrick Slattery "Jimmy" the greatest boxer in Buffalo history, was inducted into the International Hall of Fame &
Museum to take his rightfully earned place alongside many of the great Hall of Famers that he fought during his boxing career; and
Whereas: James Patrick Slattery, was a slender, tall, fun loving Irish kid from the old First Ward and was as much an idol in the City of Buffalo as were other
colorful super athletes of his era, including Jack Dempsey, Bill Tilden, Red Grange and Babe Ruth; and
Whereas: According to old newspaper clippings, produced by former City of Buffalo Mayor, James D. Griffin, Jimmy Slattery's Manager, Red Carr, recalled his
initial training of Slattery when he stated, "Jimmy boxed with both hands dangling at his sides and he relied on the speed of his legs to keep him out of trouble."
Once Carr was able to get Jimmy to keep his hands up, there was no stopping this boxer from soaring to the top by obtaining the Light- Heavyweight Champion
of the World by the National Boxing Association when he defeated Maxie Rosenbloom in a ten -round decision in Hartford Connecticut on August 30, 1927; and
Now Therefore Be It Resolved:
That this Honorable Body of the City of Buffalo pay homage and honor to James Patrick Slattery
"The Prince of Pugilism," for the courage and leadership qualities that he bestowed upon the world of boxing, the City of Buffalo and hereby approve the
installation of a trailblazing sign to read "Jimmy Slattery Place" at the comer of Bolton Place and South Park.
Now Therefore Be It Resolved:
That in conjunction with the recent induction into the International Boxing Hall of Fame for his outstanding boxing record of 129 Bouts, 114 Wins and 48
Knockouts, this Common Council requests that the Department of Public Works install trailblazing signs that read "Jimmy Slattery Place" at the comer of South
Park and Bolton Place in the City of Buffalo on August 25, 2006.
PASSED
AYES - 9 NOES -0
NO. 182
BY: MR. KEARNS & MR. DAVIS
USE OF THE INNOVATIVE "SEGWAY HUMAN TRANSPORTER" BY THE CITY OF BUFFALO
Whereas: The City faces the constant challenge of reducing the cost of government and improving service delivery; and
Whereas: The City has traditionally and continues to use larger, heavy -duty, less fuel- efficient cars and trucks, fueled with petroleum based products, as the
primary modes of transportation for employees as they move around the city to perform their daily tasks; and
Whereas: The new and innovative SEGWAY Human Transporter (the SEGWAY HT) presents an interesting alternative for individual transportation, and is less
costly both in terms of initial acquisition and on -going maintenance expenses, is not reliant on petroleum based fuels that continue to rise in cost due to geo-
political worldwide events, and is more ecologically friendly since the primary source of fuel / power is two electrically rechargeable lithium -ion battery packs; and
Whereas: The City has some experience with battery powered vehicles, most notably the electrically rechargeable battery powered GEM cart type vehicles; and
Whereas: The SEGWAY HT is relatively inexpensive costing about $5,00046,000 per unit depending on optional equipment added, has very low maintenance
requirements when used daily, has a maximum speed of 12.5 miles per hour, has a battery range of 15 -24 miles, weighs 83 pounds and can carry a load of up to
260 pounds; and
Whereas: The Town of Amherst, NY has saw fit to purchase two SEGWAY HT's for Police use and cities such as Chicago, IL, Miami Fl, and elsewhere, have
procured SEGWA* vehicles for Police and Non - Police use; and
Whereas: The SEGWAY is customizable and has many potential uses beyond Police service such as for example, use by Parking Summons Writers, by Public
Works Department staff doing surveying, by housing inspectors and many others whose work takes them in and about the City's neighborhoods, etc. In almost all
these cases, larger and less fuel- efficient vehicles would see reduced use generating increasing savings in fuel and maintenance costs even when factoring in the
price and up -keep of a new SEGWAY HT.
Now Therefore Be It Resolved:
That this resolution be referred to all City Departments with a request that they review use of the SEGWAY Human Transporter as a solution to their operating
needs, and that they respond with the feasibility of SEGWAY use within their Department, to include the number of units they would request if funding were
available for their purchase, by filing their response with the City Clerk no later than 2:00 p.m. on Thursday, August 31, 2006 for the Common Council to consider
at its September 5, 2006 meeting, and further, that any department finding this unit not useable will also report the respective reasons therefor.
ADOPT LAST RESOLVE; REM - REFERRED TO THE COMMITTEE ON FINANCE.
BY: MS. RUSSELL
NO. 183
BUDGET AND PERSONNEL AMENDMENT
01 - DEPARTMENT OF COMMON COUNCIL 1014 —
COUNCILMEMBER # 13
The Common Council of the City Of Buffalo does ordain as follows:
That part of Section 1 of Chapter 35 of The code of The City of Buffalo relation to 01 Department of common Council
1014 Council Member # 13 which currently reads
2 Legislative Assistant to Councilmember $34,631
Is hereby amended to read:
1 Legislative Assistant to Councilmember $34,631
1 Legislative Aide $30,258
IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary.
That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the
Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate
Civil Service title for the proposed position
GERALD A. CHWALINSKI, CITY CLERK AND DONNA J. ESTRICH, COMMISSIONER OF ADMINISTRATION, FINANCE AND URBAN AFFAIRS, hereby certify
that the above change is necessary for the proper conduct, administration and performance of essential services of that department. We recommend that the
compensation for said position be fixed at the respective amount set forth in the foregoing ordinance.
Gerald A. Chwalinski
CITY CLERK
DONNA J. ESTRICH COMMISSIONER OF ADMINISTRATION, FINANCE AND URBAN AFFAIRS
APPROVED AS TO FORM
PASSED
AYES - 9 NOES -0
No. 184
By: Ms. RUSSELL
BUDGET AND PERSONNEL AMENDMENT 01 - DEPARTMENT OF COMMON COUNCIL 1012 - COUNCILMEMBER # 11
The Common Council of the City Of Buffalo does ordain as follows:
That part of Section 1 of Chapter 35 of The code of The City of Buffalo relation to 01 Department of common Council
1012 Council Member # 11 which currently reads
1 Senior Legislative Assistant to Councilmember $ 39,003
Is hereby amended to read
1 Legislative Assistant to Councilmember $ 34,631
IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing
ordinance is necessary.
That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the
Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate
Civil Service title for the proposed position
APPROVED AS TO FORM
Alisa A. Lukasiewicz
Corporation Counsel
PASSED
AYES -9, NOES -0.
BY: Ms. RUSSELL
No. 185
BUDGET AND PERSONNEL AMENDMENT
DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS
1096 - OPERATION & MAINTENANCE OF BUILDINGS
1213 - BRIDGES
The Common Council of the City Of Buffalo does ordain as follows:
That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to Department Public Works, Parks & Streets, 1096 - Operation & Maintenance of
Buildings and 1213 - Bridges, which currently reads:
1096 - Operation & Maintenance of Buildings
3 Laborer II $24,430 - $27,833
1 Laborer $22,383 - $25,432
1 Supervisor of Painting $32,991 - $378,196
is herby amended to read
1096 Operation & Maintenance of Bulidings
0 Supervisor of Painting $32,991 - $38,196
1 Supervisor of Maintenance 1 $34,287 - $39,801
1213 Bridges
3 Laborers 11 $24,430 - $27,833
0 Laborer $22,383 - $25,432
IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary.
That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position, has been filed with the
Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the foregoing ordinance as being the appropriate
Civil Service title for the proposed position
JOSEPH N. GIAMBRA, COMMISSIONER OF PUBLIC WORKS, STREETS & RECREATION AND DONNA J. ESTRICH, COMMISSIONER OF
ADMINISTRATION, FINANCE AND URBAN AFFAIRS, hereby certify that the above change is necessary for the proper conduct, administration and performance
of essential services of that department. We recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing
ordinance.
APPROVED AS TO FORM ONLY
Alisa A. Lukasiewicz
Corporation Counsel
PASSED
AYES - 9 NOES -0
NO. 186
By: Mr. Thompson
Request to Hire more Buffalo Police Officers
Whereas: During the warmer summer months, acts of domestic disturbance, violence, shootings, and homicides tend to spike exponentially; and
Whereas: With the dissolve of the Buffalo Municipal Housing Authority (BMHA) Police, the
Buffalo Police Department has been overwhelmed with increased responsibilities amid a rash of shootings and other domestic disturbances; and
Whereas: The increased responsibility of the Buffalo Police Department has increased response
times and diminished service to all residents of the City of Buffalo, including those within BMHA; and
Whereas: The new hire officers would be used to create a municipal housing response division and a park & walk division within the Buffalo Police Department;
and
Whereas: In New York City, additional divisions such as municipal housing and park & walk
were created within the police department and have greatly assisted in turning around New York City from one of the most violent to one of the safest cities in the
US; and
Whereas: Overtime in the Buffalo Police Department is estimated to cost almost $3 million for Year 32 (2006 -2007 fiscal year); and
Whereas: The hiring of additional Buffalo Police Officers would be both a financial benefit to the City of Buffalo and aid the safety of its residents.
Now, Therefore Be It Resolved That:
This Common Council hereby requests that the Mayor's Office and the Buffalo Fiscal Stability Authority (Control Board) in the City of Buffalo grant additional hiring
for members of the Buffalo Police Department; and
Now, Therefore Be It Finally Resolved That:
This Common Council hereby requests that copies of this resolution be forwarded to the Mayor's Office, the Buffalo Fiscal Stability Authority (Control Board), and
the Buffalo Police Department, seeking responses from these respective offices for the next Council Session scheduled for Tuesday September 5, 2006.
REFERRED TO THE SPECIAL COMMITTEE ON BUDGET, COMMISSIONER OF POLICE, BUFFALO FISCAL STABILITY AUTHORITY.
No. 187
By: Mr. Thompson
Trailblazer Request for Rev. James T. Hemphill
WHEREAS: Rev. James T. Hemphill has been the Pastor of Walls Memorial AMEZ Church located at 455 Glenwood Avenue until 1958; and
WHEREAS: Rev. James T. Hemphill transformed the church edifice into a stalwart center for economic, social, cultural, educational, and political concerns of the
entire Buffalo community; and
WHEREAS: Rev. James T. Hemphill was known as a visionary who responded quickly to the total needs of the families throughout the communities; and
WHEREAS: Rev. James T. Hemphill organized the first minority church sponsored nursery school in the City of Buffalo, it was renamed the PACE program and
ultimately became the prototype for the "preschool model" and what became known nationally as the Head Start program; and
WHEREAS: Rev. James T. Hemphill organized the community's first church sponsored recreation and cultural center. The Walls Memorial Recreation & Athletic
Club soon became the first and largest federally funded program of its kind in the city to be fully operated by a minority organization, servicing over 500 youth daily.
Through its training and menturing, some of its participants went on in life to play professional baseball for the Cincinnati Reds, the Cleveland Indians, and more;
and
WHEREAS: A champion of economic equality and community acquisition, Rev. James T. Hemphill was an organizer and board member of the Community Action
Organization; founder and director of the School #47 Human Service Center; organizer and past president of the Minority Contractors Coalition; past president of
WNY's SCLC; and has served as president of the NAACP in four (4) locations throughout the US, including Buffalo among other things; and
WHEREAS: Rev. James T. Hemphill also served as a Special Education Specialist for Buffalo's Conners Children's Center; taught history and religion courses for
ECC; and retired as a Special Education Teacher for the BPS; and
WHEREAS: In recognition of the contributions to the City of Buffalo, family, congregation, and the community have requested that a portion of Glenwood Avenue,
be named in honor of Rev. James T. Hemphill; and
WHEREAS: Walls Memorial AMEZ Church has agreed to cover all installation and purchase fees for the placement of four (4) signs on the comers of Glenwood &
Jefferson, Glenwood & Roehrer, Glenwood & Wohlers, and Glenwood & Humboldt.
NOW THEREFORE BE IT THEREFORE RESOLVED THAT:
The Common Council of the City of Buffalo does hereby recommend that Glenwood Avenue, specifically between Jefferson Avenue & Humboldt Parkway, be
named in honor of Rev. James T. Hemphill.
REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS
No. 188
Sponsor: By: Mr. Thompson
Trailblazer Request for Bishop Glenwood H. Young, Sr.
WHEREAS: Bishop Glenwood H. Young Sr. has been the pastor of Good Samaritan Church for more than 40 years; and
WHEREAS: Bishop Glenwood H. Young Sr. has been a prelate Bishop for over ten years;
and
WHEREAS: Bishop Glenwood H. Young Sr. has provided a food pantry for the Leroy community; and
WHEREAS: Such works are truly deserving of our acknowledgement and recognition; and
WHEREAS: In recognition of the work done in the City of Buffalo, family, congregation, and the community have requested that the portion of Leroy Ave.,
specifically between Fillmore Avenue and Kensington Avenue, be named in honor of Bishop Glenwood H. Young Sr.; and
WHEREAS: The Bishop Glenwood H. Young St'. has agreed to cover all installation and purchase fees for the placement of Five (5) signs on the comer Fillmore
and Leroy; Holden and Leroy; Grider and Lcroy; Grider at Lcroy; and Kensington at Leroy; and
NOW THEREFORE BE IT THEREFORE RESOLVED THAT:
The Common Council of the City of Buffalo does hereby recommend that the portion of Leroy Avenue, specifically between Fillmore Avenue and Kensington
Avenue, be named in honor of Bishop Glenwood H. Young Sr.
REFERRED TO THE COMMITTEE ON LEGISLATION, COMMIISSIONER OF PUBLIC WORKS, PARKS & STREETS
ON LEGISLATION
No. 189
BY: MR. THOMPSON
TERRORISM PREVENTION IN HAZARDOUS MATERIALS TRANSPORTATION
WHEREAS: In a time of heightened terrorism risk we must take proactive steps to address the health, safety and welfare of our citizens; and
WHEREAS; A terrorist attack on a hazardous material shipment such as chlorine near the City of Buffalo could cause thousands of deaths; and
WHEREAS; Excluding or Re- routing ultra- hazardous materials (that do not originate or have a City destination) away from the City of Buffalo to alternative truck
and rail routes would substantially decrease the aggregate risk posed by terrorist attacks; and
WHEREAS: Requiring permits for ultra- hazardous shipments that include safety measures such as time -of -day restrictions, security and safety escorts, and
bonding requirements would increase public safety and impose no significant burden on interstate commerce; and
WHEREAS: Chemicals that are toxic represent a potential for mass casualties that is rivaled only by nuclear devices, yet rail tankers and trucks filled with deadly
chemicals roll through our major cities every day over unprotected and unguarded rails and highways, with no warning to our communities; and
WHEREAS: Legislation requiring the issuance of a permit to ship ultrahazardous materials by truck or rail has been introduced in Washington D.C., Baltimore,
Cleveland, Boston, Chicago and Philadelphia.
Now Therefore Be It Resolved:
That the Buffalo Common Council supports taking proactive steps to protect the health, safety and welfare of its citizens from the threats associated with the
transportation of ultra hazardous materials; and
Be It Further Resolved:
That this item is referred to the City's Law Department to draft an ordinance that excludes and or regulates the shipment of ultra hazardous materials through the
City of Buffalo; and
Be It Finally Resolved:
That this item is referred to the Legislation Committee to while seeking a written response from the City Law Department for the next Common Council meeting
scheduled for Tuesday, September 5, 2006.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE OFFICE OF HOMELAND SECURITY AND
THE COMMISSIONER OF POLICE
No. 190
BY: ANTOINE M. THOMPSON
Appointments Commissioner of Deeds
That the following persons are hereby appointed as commissioner of Deeds for the Term ending December 31, 2006 conditional upon the person so appointed
certifying under oath to their qualifications and filing same with the City Clerk
Caitlin Bogucki
Christine Nendza
Gloria Nobile
Total 3
ADOPTED
No. 191
ANNOUNCEMENT OF COMMITTEE MEETINGS
Regular Committees
The Council will now begin its recess until they reconvene on September 5, 2006 at 2:00 o'clock P.M.
The next Committee meetings will commence on September 12, 2006 at 9:45 o'clock A.M. beginning with the Civil Service Committee.
(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
NO. 192
Adjournment
On a motion by Mr. Bonifacio, Seconded by Mrs. Russell, the Council adjourned at 3:40 p.m.
BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #7
OFFICE OF THE MAYOR -201 CITY HALL
JULY 20, 2006
Present:; Byron W. Brown, Mayor; Frank Bellioti, Deputy Comptroller, Alisa A. Lukasiewicz, Corporation Counsel -3
The Journal of the last meeting was approved.
NO. 1
I transmit herewith the Pension Payroll for the Fire Pension Fund for the months of July 2006 amounting to $5,610.00, and request that checks be drawn to the
order of the persons named herein for the amounts stated.
Adopted
Ayes -3. Noes -0.
NO. 2
I transmit herewith the Pension Payroll for the Police Pension Fund for the month of July 2006 amounting to $6,565.00, respectively, and request that checks be
drawn to the order of the persons named herein for the amounts stated.
Adopted.
Ayes -3. Noes -0.
NO. 3
Mr. Bellioti made a motion to authorize approval of the August 2006 Police and Fire Pension Payroll.
Adopted.
NO. 4
On motion by Mr. Bellioti, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.