HomeMy WebLinkAbout06-0905 (2)No.16
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
September 5, 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
FROM THE MAYOR
NO. 1
APPOINTMENT - MEMBER OF THE
ELEVATOR SAFETY REVIEW BOARD
Pursuant to the authority granted by Section 167 -3 of the City of Buffalo Charter, I hereby appoint Ms. Mary Battey to
serve on the Elevator Safety Review Board effective immediately. Ms. Mary Battey will replace Mr. Stephen Fitzmaurice
as representative of the Greater Buffalo Building Owners and Managers Association (BOMA).
Ms. Battey is the Assistant Manager at One HSBC Center and is presently on the Board of Directors for the Greater
Buffalo BOMA organization.
I hereby certify that the above mentioned individual is fully qualified to serve as a member of the Elevator Safety Review
Board.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIVISION OF COLLECTIONS
NO. 2
APPOINTMENT OF SPECIAL EVENTS COORDINATOR
Pursuant to the powers vested in me in Section 414 -3 of the Code of the City of Buffalo, I hereby appoint the following
as Special Events Coordinator:
Appointment:
Susan Gonzalez
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIVISION OF COLLECTIONS
NO. 3
MAYOR BYRON W. BROWN
OUT OF TOWN TRAVEL
I will be out of town from Wednesday, July 26, 2006 through Thursday, July 27, 2006 and will return to the office on
Friday, July 28, 2006. 1 hereby appoint Alisa Lukasiewicz, Corporation Counsel to serve on my behalf during this time
period.
RECEIVED AND FILED
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE DISASTER PREPAREDNESS OFFICE
NO. 4
TERRORISM PREVENTION IN HAZARDOUS MATERIALS TRANSPORTATION
# 189 CCP
Date: August 31,2006
Please be advised that I have reviewed the attached resolution offered by Councilman Antoine M. Thompson regarding
his proactive approach related to the health, safety and welfare of our citizens in the City of Buffalo. The transportation of
hazardous materials and their respective routes, regardless if by ( Rail, Highway, Water or Air ) since about 1985 has
always presented a challenge as to how best to transport.
Over the last several years, there has been numerous Haz -Mat legislative laws (acts) enacted to better protect our
citizens from becoming a victim or victims of a situation created by a "Hazardous Materials Release ". I view this latest
piece of legislation as another step in making our community a safer place to live, therefore if the Legislative Committee
should need additional information please do not hesitate to ask.
It's my understanding that the Legislation introduced in Washington D.C. actually reflects a Rail By -Pass Route map for
the Cities identified in Councilman Thompson's resolution including the City of Buffalo.
Based on the scope of the present legislation, coupled with the large geographical area involved, actual legislative
approval could take considerable time. I recommend that the Common Council continue to support Resolution # 198,
however in the meantime I suggest that a letter be drafted to the responsible carriers requesting their consideration of the
following Security Measures which they could take immediately, this in turn would provide a timely solution in addressing
the safety concerns of our City.
1. Control access to all rail yards. Fencing / Electronic Entry Gates for Vehicles
2. Local rail yards need to increase their # of security personnel
3. Installation of Electronic Surveillance Equipment ( Yard Boundaries )
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BOARD OF PARKING
NO. 5
LEASE OF BUFFALO GENERAL PARKING RAMP
ITEM NO. 48, CCP 7/25/06
ITEM NO. 175 CCP 7/25/06:
The above referenced items were referred to the Board of Parking. Attached please find the Board's response.
Dear Council Members:
The City of Buffalo Board of Parking (hereinafter the "Board ") is steward of the city's parking system (including both the
downtown and hospital ramps). This system is self - supporting and provides no less than $450,000 annually to the City
general fund, fully funds its own maintenance and repair, and has been able to expand the parking system in the City of
Buffalo without the use of taxpayer or city dollars. The Board is supportive of the initiative of the Buffalo Niagara Medical
Campus (hereinafter "BNMC ") and negotiated with them for over two years with respect to the operation of the Buffalo
General Ramp. See attached brief comparison of the terms of a proposed lease between the City of Buffalo and the
BNMC dated July 27, 2006, and a proposed agency operating agreement between the Board and the BNMC dated
January 4, 2006.
The Buffalo General Ramp has a replacement cost of over $12 million and annually provides the City in excess of
$200,000 in net revenue. The ramp has over 900 spaces and no outstanding debt, and is in excellent condition, having
undergone three separate significant repair programs in the last 15 years for a total cost in excess of $500,000. The
Board recognizes the value of the ramp to the City and is opposed to any sale of the ramp; however, had agreed to
extend an operating agreement to the BNMC that permitted the BNMC to have significant input into the ramp as
part of its parking program while at the same time maintaining City ownership and current cash flow to the City.
3. The Board is concerned that the BNMC lease proposal of July 27 of this year has the following potentially
detrimental impact to the City:
1. The proposed lease would significantly reduce revenue to the City (from $200,000 to $130,000) and places the
downtown ramps and parkers in the
position of making up the shortfall. This in effect requires the downtown parkers and parkers at the other hospital ramps to
subsidize the BNMC.
By entering into a lease for the ramp, the Board believes it may negatively impact the system's ability to obtain tax exempt
bonding for repair and future expansion. Currently, the Board does not charge system users sales tax, as our downtown
operator under its operating agreement is deemed an agent of the City. This helps maintain the lowest possible
parking rates. BNMC's lease is not an agency relationship thus necessitating the imposition of sales tax on parking
revenue and in fact increasing the cost of parking to the constituents.
The Board is concerned that the value of the indemnification under the lease provided by BNMC, a not - for - profit
corporation without substantial assets, is insufficient to protect the City. In addition, the insurance required under the lease
is only $1 million.
The Board has not been able to ascertain that the proposed lease will not place the City in violation of its current
bond financing which is supported and collateralized by parking revenue.
To date, the Board is not aware of any other parking facilities over which the BNMC has or is projected to have
control of, including the Roswell Park Ramp and other institutions in the medical campus with ramp or surface parking.
The Board has repeatedly requested BNMC to provide documentation with respect to the cooperation of the other
institutions in creating an integrated parking system of which the Buffalo General Ramp would be a member.
The Board operates the system by delegating operation of the ramps to appropriate entities while reserving to itself
rate setting, fiscal oversight and other policy decisions. It does not believe the City Charter provides it authority to
delegate these Board responsibilities by lease.
The BNMC proposal places the burden of repair on the City without providing any funds from the ramp's operation for a
repair reserve. Once again, this burdens the other ramps and the other parkers in the system for the benefit of the Buffalo
General Ramp.
For over 50 years, the parking system in Buffalo has been self - supporting, including operation, repair and expansion. The
removal of any ramp from the system by sale or lease dramatically threatens the sound fiscal planning of the Board with
respect to the system.
The Board respects and supports the desires of the Mayor to support the BNMC; however it recognizes the
financial challenges facing the City. It has serious concerns about the impact of the lease proposed by the BNMC
on the City and its parking system. The Board welcomes further inquiry and discussion on this matter.
REFERRED TO THE COMMITTEE ON FINANCE, THE MAYOR, THE COMMISSIONER OF ADMINISTRATION AND
FINANCE AND EDPI
NO. 6
RESULTS OF BIDS
SKYWAY LOT NO. 3
The existing lease for the above mentioned surface parking lot is about to expire. The Board of Parking advertised for a
new three year lease on August 4, 2006. A public bid opening was held on August 30, 2006 at 11:00 a.m. in the office of
the Board of Parking, 1801 City Hall. The results are as follows:
(Current Annual Rental $29,400)
Bidder Annual Rental
Standard Parking Corporation $29,400
125 Carlton Street
Buffalo, NY 14203
All Pro Parking LLC $20,202
465 Main Street - Suite 200 - 200A
Buffalo, NY 14203
At this time we recommend the bid of Standard Parking, as the highest responsible bidder, in the amount of $29,400, be
awarded a new three year lease for Skyway Lot. No. 3.
Mr. Bonifacio moved:
That the above communication from the Board of Parking dated August 30, 2006, be received and filed; and
That the Consultant of the Board of Parking be, and he hereby is authorized to award a contract for the Skyway Lot No. 3,
to Standard Parking, the highest responsible bidder, in the amount of $29,400.
PASSED
AYES - 8 NOES -0
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 7
REQUEST TO AMEND LDA - 1T06 GENESEE, 836 SYCAMORE & 182 WILSON
APPROVAL OF AMENDMENT TO CONTRACT FOR SALE OF LAND - 1106 GENESEE, 836 SYCAMORE & 182
WILSON
ITEM NO. 97, CCP 07/11/06
The City of Buffalo Urban Renewal Agency duly designated Revitalizing Urban Neighborhoods, Inc. (RUN Buffalo) and /or
a Corporation, Partnership, Joint Venture or Other Legal Entity to be formed, as the "Redeveloper." Redeveloper has
submitted a plan for the demolition of the improved properties located at 1106 Genesee, 836 Sycamore and 182 Wilson
Streets.
Your honorable body authorized Agency to enter into a Land Disposition Agreement (LDA) on July 11, 2006 for the sale of
the above reference property. It has become necessary to amend the approved LDA to reflect a change to the period of
duration of covenant on use to expire at such time that RUN Buffalo ceases to own the above reference property. It is
additionally requested that the insurance contained in the approved LDA be amended to provide $1,000,000.00 in general
liability coverage.
The Agency has determined that the proposed Amendments to the LDA negotiated by the Agency and Redeveloper are
satisfactory.
Please be advised that in accordance with the provisions in Article 15A of the General Municipal Law, it is now necessary
for Your Honorable Body to set a date for a public hearing, and to direct the publication of said hearing. In the interest of
time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a
Resolution together with a Notice of Public Hearing for your action.
Forwarded separately are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Amendments to Land Disposition Agreement
After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of land to the
Redeveloper, which the Agency has designated as being qualified and eligible.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 8
ENDORSEMENT OF THE CITY OF
BUFFALO URBAN RENEWAL
AGENCY'S APPLICATION FOR THE
RESTORE NY COMMUNITIES
INITIATIVE PROGRAM &
NOTICE OF PUBLIC HEARING
Agency seeks Buffalo Common Council endorsement of its application for the Restore NY Communities Initiative
program for funding in the amount of $5 million for strategically targeted demolitions in the City of Buffalo.
Additionally, Agency requests your Honorable Body to set a date for a public hearing and to direct the publication of a
notice of said hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I
have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for your action.
Forwarded separately are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution endorsing Agency's application for funding
After the Public Hearing is held, Your Honorable Body may adopt a Resolution endorsing Agency's application for funding
for strategically targeted demolitions in the City of Buffalo.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
NO. 9
CAPITAL IMPROVEMENTS BUDGET PROCESS
Consistent with the Charter of the City of Buffalo, August 1, 2006 signals the beginning of the Capital Improvements
Budget Process for new city projects. The Office of Strategic Planning is mobilizing to work with your honorable body and
all city departments to develop recommendations for funding for projects in Fiscal Year 2007. This year s Capital
Improvements Budget allocation is $23,000,000.00. Please see the attached schedule for implementation timelines.
REFERRED TO THE SPECIAL GOMMITTEE ON BUDGET
NO. 10
CAPITAL IMPROVEMENTS BUDGET PROCESS
Attached please find the following correspondence regarding the 2007 Capital Improvements Budget Process:
A request for submission of budget requests by August 23, 2006 to ensure timely delivery to the Citizens Planning Council
with revised schedule
• A request for the appointment of five (5) members to the Citizens Planning Council
• Information on a tutorial for capital budgeting software
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 11
ST. JOHN'S COMMUNITY
DEVELOPMENT TOWN HOUSE PROJECT -
SALE OF CITY PARCELS
ITEM NO.13. C.C.P. 04/18106
In the above referenced item Your Honorable Body authorized the sale of thirty -two (32) city owned vacant lots in the
amount of $32,000.00 to St. John's Community Development Corporation for the construction of twenty -eight (28)
affordable housing units.
The Private Housing Finance Law of the State of New York (PHFL) Section 576 -a provides that a deed conveying real
property from a municipality to a Housing Development Fund Corporation (HDFC) shall contain the appropriate provisions
restricting the disposition of the property by such Housing Development Fund Corporation. The purposes of these
provisions are to guarantee the continued use for purposes of affordable housing and require the approval of the
municipality to any sales, transfer, exchange, assignment or lease of the property. The Council's prior approval did not
include the above - mentioned provisions and restrictions.
Attached are the proposed required LDA, Subordination Agreement and Deed that have been prepared for your review.
Therefore, I am requesting Your Honorable Body to authorize the Executive Director, Office of Strategic Planning, to
prepare the required Land Disposition Agreement and Deed to St. John's or appropriate Housing Development Fund
Corporation in accordance with Section 576 -a of the New York State Private Housing Finance Law. I am further
recommending that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE COMMISSIONER OF EDPI AND THE
CORPORATION COUNSEL
NO. 12
"USE OF THE INNOVATIVE "SEGWAY HUMAN TRANSPORTER" BY THE CITY OF BUFFALO"
RES #182 CCP JULY 25, 2006
As requested, the Office of Strategic Planning has reviewed the resolution referred to our office regarding the use of the
SEGWAY Human Transporter including all attachments. Following review of the product information, it has been
determined that the SEGWAY Human Transporter would not provide any savings to the Office of Strategic Planning due
to the limited number of field staff in our department.
REFERRED TO THE COMMITTEE ON FINANGE
Councilmember Thompson took his seat at 2:05
FROM THE COMPTROLLER
NO. 13
INTERFUND CASH LOAN
Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is
received.
I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund
cash loan to be made in the maximum amount of $10,000 as needed subject to your approval. Loan is payable at date of
reimbursement.
FROM: 1000 - General Fund
TO: 2300 -NYS Special Revenue - State Program
GRANT TITLE: Juvenile Accountability Block Grant - Youth Impact
Project JSO4- 1000 -D00
Grant Agency New York State Division of Criminal Justice Services
Grant Amount $150,910
Loan Amount $60,000
Estimated Date of Repayment: March 31,2007
Mr. Bonifacio moved:
That the above communication from the Comptroller dated August 3, 2006, be received and filed; and
That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to 2300 -
NYS Special Revenue - State Program in the amount of $60,000 for Juvenile Accountability Block Grant - Youth Impact
Project JSO4- 1000 -D00. The loan will be repaid at date of reimbursement.
PASSED
AYES - 9 NOES -0
NO. 14
LNTERFUND CASH LOAN $10,000
Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is
received.
I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an interfund
cash loan to be made in the maximum amount of $10,000 as needed subject to your approval. Loan is payable at date of
reimbursement.
FROM: 1000 - General Fund
TO: 2300 - NYS Special Revenue - State Program
GRANT TITLE: City of Buffalo - Healthy Infrastructure for Queen City Livability #C049904
GRANT AGENCY: New York State Department of State
GRANT AMOUNT: $36,500
LOAN AMOUNT: $10,000
Estimated Date of Repayment: March 31,2007
Mr. Bonifacio moved:
That the above communication from the Comptroller dated August 23, 2006, be received and filed; and
That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to 2300 -NYS
Special Revenue - State Program in the amount of $10,000 for City of Buffalo - Healthy Infrastructure for Queen City
Livability #C049904. The loan will be repaid at date of reimbursement.
PASSED
AYES - 9 NOES -0
NO. 15
REQUEST APPROVAL TO SUBMIT A SUPPLEMENTAL DIFFERENCE IN WAGES AND COMP (PARKER)]
ITEM #53, C.C.P. JULY 25, 2006
The supplemental payroll request for a differential in wages and compensation (Parker) referenced in Item #53 of the July
25, 2006 CCP, was received by the Audit Department and paid as a lump sum on 7/21/06 per our contractual obligation.
RECEIVED AND FILED
NO. 16
USE OF SEGWAY TRANSPORTER
RES # 182 CCP JULY 25, 2006
A review and feasibility assessment of the "SEGWAY Human Transporter," as called for in the resolution, makes sense
strictly on the numbers. If we can save money on these battery - powered units and still get the transportation service we
need, then we need to consider their implementation.
REFERRED TO THE COMMITTEE ON FINANCE,
FROM THE PRESIDENT OF THE COUNCIL
NO. 17
APPTS PRESERVATION BOARD
Dear Colleagues:
Please be informed that pursuant to Article II, Section 337 -3 b City of Buffalo Preservation Standards, I am appointing the
following people to the Preservation Board:
Cynthia M. Van Ness, 464 Norwood Avenue, Buffalo, N.Y. 14222 (see attached resume);
Paul J. McDonnell, AIA, 82 Allenhurst Road, Buffalo, N.Y. 14214 (see attached resume);
Ms. Van Ness and Mr. McDonnell replace Alison Kimberly and Dennis Masters whose terms have expired.
Respectfully submitted,
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIVISION OF COLLECTIONS
NO. 18
FULTON STREET PROJECT
STATE ENVIRONMENTAL QUALITY REVIEW LEAD AGENCY SOLICITATION
Dear Commissioner Giambra:
As you are aware, prior to undertaking any Action, the requirements of the New York State Environmental Quality Review
Act (SEAR) must be satisfied. Your agency has been identified as either an involved or interested agency.
The project, as defined by SEAR, is an Unlisted Action for which a coordinated review will be completed. As per 6
NYCRR Section 617.6, an agency responsible for determining the effect of this project on the environment must be
designated from among the involved agencies within 30 calendar days of the date of this letter. The Common Council
requests Lead Agency status for this project. The reasons for this request are as follows: This agency has the greatest
capability for providing the most thorough environmental assessment of the proposed Action and is also the agency
principally responsible for approving the project.
The project Environmental Assessment Form is enclosed for your review. If your agency is an involved agency (as
identified in the enclosed Environmental Assessment Form) and it has no objections to the designation of the Common
Council as Lead Agency, please sign this letter and return it to the City Clerk, Room 1308 City Hall, 65 Niagara Square,
Buffalo, New York 14202, Attention: Gerald Chwalinski. Any involved agencies may submit objections in writing within
thirty days of the date of this notification. If no objections are expressed or no written response received within thirty days,
the Buffalo Common Council will assume lead agency status for this action and will make a determination of significance.
Department of Public Works, Parks and Streets accepts and approves of the designation of the Common Council as Lead
Agency for the above - referenced project.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION
NO. 19
TAX CANCELLATION 2006 -07
Adjustments on the General City Tax for 2006 -2007 were made on the following properties (list attached) to provide for
changes due to omitted or incorrect exemptions and assessment errors.
I, therefore, request that a warrant be drawn on General City Charges, Org 17221008 Obj 480101 Tax Adjustment Fund,
in favor of the City for the taxes indicated on the attached list in the amount of $123,451.76.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Assessment and Taxation dated August 10, 2006, be received
and filed; and
That the Comptroller be, and he hereby is authorized to prepare a check to be drawn on General City Charges, Org
17221008 Obj 480101 Tax Adjustment Fund in the amount of $123,451.76 for the General City Tax for 2006 -2007.
PASSED
AYES - 9 NOES -0
NO. 20
NO. 182 -CCP JULY25,2006
USE OF THE INNOVATIVE SEGWAY
HUMAN TRANSPORTER" BY THE
CITY OF BUFFALO
This is in response to the Resolution sponsored by South District Councilmember Michael P. Kearns and Ellicott District
Councilmember Brian C. Davis regarding the use of the "SEGWAY Human Transporter," a battery- operated one - person
scooter -like transportation device. Although such a transportation device may be useful to other Departments, it is not
feasible for use by Assessors in the Department of Assessment and Taxation. It might be useful for an assessor who is
assigned to a small area, however, I would not recommend it for general use by Assessors who must review large areas
and cover great distances during the course of performing their duties.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
NO. 21
NOTIFICATION SERIAL # 10131
NO STANDING SCHOOL DAYS - INSTALL
ON ELMWOOD AVENUE, WEST SIDE
BETWEEN A POINT 626' SOUTH OF NORTH STREET
AND A POINT 90' SOUTH THEREFROM.
(NIAGARA DISTRICT)
NO STANDING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies
Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the
agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by
adding thereto the following: NO STANDING
PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD
Elmwood Avenue, west side between a 7:00 a.m. - 4:00 p.m. School Days
point 625' south of North Street and a
point 90' south therefrom.
This action is being taken in order to allow for school bus loading and unloading in front of Elmwood Village Charter
School.
NOTIFICATION SERIAL # 10132
NO STANDING SCHOOL DAYS - INSTALL
ON FRANKLIN STREET, WEST SIDE
BETWEEN A POINT 220' SOUTH OF WEST HURON STREET
AND APOINT 1 10' SOUTH THEREFROM.
( ELLICOTT DISTRICT)
NO STANDING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies
Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the
agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by
adding thereto the following: NO STANDING
PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD
Franklin Street, west side 7:00 a.m. - 4:00 p.m. School Days
between a point 220' south of West
Huron Street and a point 110' south therefrom.
This action is being taken in order to allow for school bus loading and unloading in front of Buffalo Academy of Science
Charter School.
Waive 45 Days
RECEIVED AND FILED
NO. 22
REPORT OF BIDS
BROADWAY GARAGE
PERIMETER FENCE & GUIDE RAIL
JOB #0634
ELLICOTT DISTRICT
I advertised for on July 11, 2006 and received the following formal proposals for Perimeter Fence & Guide Rail, Broadway
Garage, on August 1, 2006.
Fox Fences $ 93,290.27
2637 Lockport Rd, Niagara Falls, NY
Armor Fence $ 95,120.00
P 0 Box 745, Orchard Park, NY
Titan Development $117,557.00
8534 Seaman Rd, Gasport, NY
I hereby certify that the foregoing is a true and correct statement of all bids received and that Fox Fences, with a bid of
Ninety Three Thousand Two Hundred Ninety and 27/100 ($93,290.27) is the lowest responsible bidder in accordance with
the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work
on the basis of the low bids. Funds for this project are available in 38322206 445100- Division of Buildings.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated August 16, 2006, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the
Broadway Garage, Perimeter Fence & Guide Rail, Job #0634, to Fox Fences, the lowest responsible bidder, in the
amount of $93,290.27. Funds for the project are available in 38322206 445100 - Division of Buildings.
PASSED
AYES - 9 NOES -0
NO. 23
REPORT OF BIDS
CITY COURT
HVAC - REPLACE FLEXIBLE COUPLING
JOB #0647
EILICOTT DISTRICT
I advertised for on August 1, 2006 and received the following formal proposals for City Court, HVAC - Replace Flexible
Coupling, on August 22, 2006.
John W. Danforth Co. $76,104.00 300
Colvin Woods Pkwy, Tonawanda, NY
Parise Mechanical, Inc. $79,300.00
233 Fillmore, Tonawanda, NY
Hohl Industrial Services Declined to Bid
770 Riverview, Tonawanda, NY
I hereby certify that the foregoing is a true and correct statement of all bids received and that John W. Danforth Co., with a
bid of Seventy Six Thousand One Hundred Four and 00 /100 /Dollars ($76,104.00) is the lowest responsible bidder in
accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work
on the basis of the low bids. Funds for this project are available in 38320906 445100 - Division of Buildings.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated August 23, 2006, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for City
Court, HVAC - Replace Flexible Coupling, Job #0647, to John W. Danforth Co., the lowest responsible bidder, in the
amount of $76,104.00. Funds for the project are available in 38320906 445100 - Division of Buildings.
PASSED
AYES - 9 NOES -0
NO. 24
REPORT OF BIDS
2006 FALL TREE PLANTING
(CITY WIDE)
I advertised on August 18, 2006 and have received the following bids for the 2006 Fall Tree Planting contract, which were
publicly opened & read on August 31, 2006.
General Contractor Base Bid Unit Bid Increase
Stedman Old Farm Nursery $117,043.00 $128,747.30'
9300 Transit Road
East Amherst, NY 14051
Gleason's Nursery, Inc. $125,771.00 $138,348.10
4780 Sheridan Drive
Williamsville, NY 14221
Scott Lawn Yard, Inc. $142,290.00 $156,519.00
5552 Townline Road
Sanborn, NY 14132
Titan Development, Inc. $158,960.00 $174,856.00
8534 Seaman Road
Gaspo, NY 14067
1 hereby certify the foregoing is a true and correct statement of the bids received and Stedman Old Farm Nursery of East
Amherst, NY is the lowest responsible bidder in accordance with the plans and specifications; and that the contract
amount is $128,747.30 ('$117,043 + 10% = $128,747.30).
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. The Engineer's estimate for this work was $150,000 and funds for this work are available in
accounts #35310106, #39311306, and #38400206.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated August 31, 2006, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for 2006
Fall Tree Planting, to Stedman Old Farm Nursery, the lowest responsible bidder, in the amount of $128,747.30 ($117,043
+ 10% = $128,747.30). Funds for the project are available in accounts #35310106, #39311306 and #38400206.
PASSED
AYES - 9 NOES -0
NO. 26
REPORT OF BIDS
MECHANICAL SERVICES BUILDING
ROOF RECONSTRUCTION
JOB #0631A
LOVEJOY DISTRICT
I advertised for on August 15, 2006 and received the following formal proposals for the Mechanical Services Building,
Roof Reconstruction, on August 29, 2006.
Progressive Roofing $124,000
331 Grote, Buffalo, NY
Grove Roofing $135,000
131 Reading, Buffalo, NY
Jameson Roofing $158,800
3761 E. Lake Rd., Dunkirk, NY
I hereby certify that the foregoing is a true and correct statement of all bids received and that Progressive Roofing, with a
bid of One Hundred Twenty Four Thousand and 00/100 Dollars ($124,000) is the lowest responsible bidder in accordance
with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work
on the basis of the low bids. Funds for this project are available in 38321106 445100 - Division of Buildings.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated August 30, 2006, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for
Mechanical Services Building, Roof Reconstruction, Job #0631A to Progressive Roofing, the lowest responsible bidder, in
the amount of $124,000.00. Funds for the project are available in 38321106 - Division of Buildings.
PASSED
AYES - 9 NOES -0
NO. 26
CHANGE IN CONTRACT
MASTEN PARK POOL BUILDING
ROOF RECONSTRUCTION
JOB #0632
ELLICOTT DISTRICT
I hereby submit to Your Honorable Body the following changes for the Masten Park Pool Building, Roof Reconstruction,
Grove Roofing Services, Inc., C #92011082.
1. Deck and rafter replacement. Add $10,354.50
The foregoing change results in a net increase in the contract of Ten Thousand Three Hundred Fifty
Four and 50/100 Dollars ($10,354.50).
Current Contract Amount $109,340.00
Amount of This Change Order ( #1) Add $ 10,354.50
Revised Contract Amount $119,694.50
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 38321106 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 above communication from the Commissioner of Public Works, Parks and Streets dated August 7, 2006, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1,
to Grove Roofing Services, Inc., an increase in the amount of $10,354.50, as more fully described in the above
communication, for work relating to Masten Park Pool Building, Roof Reconstruction, Job No. 0532, C #92011082. Funds
for this project are available in 38321106 445100 - Division of Buildings.
PASSED
AYES - 9 NOES -0
NO. 27
CHANGE IN CONTRACT
NORTH JEFFERSON LIBRARY
CONSTRUCTION
JOB #0324
MASTEN DISTRICT
I hereby submit to Your Honorable Body the following changes for the North Jefferson Library, Construction, HVAC Work,
W. C. Roberson Plumbing & Construction Corp., C #92010865.
1. National Fuel bills from August 2005 - July 2006. Add $ 18,839.97
The contract period ended in August 2005 and these
costs were not in the original contract.
The foregoing change results in a net increase in the contract of Eighteen Thousand Eight Hundred Thirty Nine and
97/100 Dollars ($18,839.97)•
Current Contract Amount $632,905.53
Amount of This Change Order ( #7) $ 18,839.97
Revised Contract Amount $651,745.50
Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, Architect) and the Department of Public
Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 38321006 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 above communication from the Commissioner of Public Works, Parks and Streets dated August 30, 2006, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 7,
to W. C. Roberson Plumbing & Construction Corp., an increase in the amount of $18,839.97, as more fully described in
the above communication, for work relating to North Jefferson Library, Job No. 0324, C #92010865. Funds for this project
are available in 38321 006 445100 - Division of Buildings.
PASSED
AYES - 9 NOES -0
NO. 28
INCREASE IN CONTRACT
CAZENOVIA PARK GOLF COURSE IRRIGATION
CONTRACT NO. 92011107 (SOUTH)
We are requesting permission of your Honorable Body to increase the above contract with Irrigation and Pulnp Specialties
in the amount of $11,750.00.
This change order was necessitated due to a rise in tile cost of materials and additional work to reconnect a drinking
fountain, encase a pollution of the water line in steel pipe, and misc. The prices have been found to be fair and reasonable
by our consultant, Wendell Duchscherer.
Funds for this work are available in Bond Account 38400106.
SUMMARY
Contract Amount - $316,500.00
Change Order - $11,750.00
New Contract Amount - $328,250.00
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated August 17, 2006, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, an
increase in the amount of $11,750.00, as more fully described in the above communication, for work relating to Cazenovia
Park Golf Course Irrigation, Contract No. 92011107. Funds for this project are available in Bond Account 38400106.
PASSED
AYES - 9 NOES -0
NO. 29
INCREASE IN CONTRACT
EMERGENCY PAVEMENT REPAIR - 2006
GROUP #657, CONTRACT #92011140
THOMANN ASPHALT PAVING CORPORATION
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 to complete pavement repairs at the South Ogden Transfer Station facility:
1.) Concrete Pad for tractor trailer leg supports
2.) Mill /Overlay South Ogden - Thielman to Entrance
Contract Unit Estimated Estimated
Item Description Price Qu antity Cost
02.110A Unclassified Excavation $20 /cu.yd. 65 $1,300.00
03.21 C Subbase Course - Type B $37 /cu.yd. 25 $925.00
502.094 Struetaral Concrete Slab including bar $11.70 /sq.tt. 1,000 $11,700.00
reinforcement 4 x 250'
02.402 Milling Existing Pavement 0" - 3" $2.50 /sq.yd. 1,400 $3,500.00
403.1701 Asphalt Concrete - type 6 course $65 /ton 240 $15,600.00
Total $33,025.00
Existing Contract Amount $179,093.75
increase in Contract $ 33,025.00
Revised Contract Amount $212,118.75
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 Thomann Asphalt Paving Company. Funds for this work are available in our Capital Project Accounts #30032106
& 39311106.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated August 31, 2006, he
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to
Thomann Asphalt Paving Corporation, an increase in the amount of $33,025.00, as more fully described in the above
communication, for work relating to Emergency Pavement Repair -2006, Group #657, Contract No. 92011140. Funds for
this project are available in Capital Project Accounts #30032106 & 39311106.
PASSED
AYES - 9 NOES -0
NO. 30
INCREASE IN CONTRACT
LINCOLN AND JOHNSON PLAYGROUND HNPROVEMENTS
CONTRACT NO. 9201132
(FILLMORE & ELLICOTT)
We are requesting permission of your Honorable Body to increase the above contract with Gleason's Nursery in the
alnount of $12,334.00. This change order was necessitated due to additional work to replace damaged play equipment,
correct a drainage problem, and install a set of soccer goals.
The prices have been found to be fair and reasonable by our staff. Funds for this work are available m Bond Account
39400106. SUMMARY
Contract Amount - $79,678.00
Change Order - $12,334.00
New Contract Amount - $92,012.00
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated August 17, 2006, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, an
increase in the amount of $12,334.00, as more fully described in the above communication, for work relating to Lincoln
and Johnson Playground Improvements, Contract No. 9201132. Funds for this project are available in Bond Account
#39400106.
PASSED
AYES - 9 NOES -0
NO. 31
INCREASE IN CONTRACT
REPAIR OF STREETLIGHT FOUNDATIONS AND KNOCKDOWNS GROUP 649
CONTRACT 92011104 O'CONNELL ELECTRIC
I hereby submit to your Honorable Body the following increase in the contract for the above named project due to a higher
rate of knockdowns than anticipated.
This work is needed to replace the existing knockdowned street light standards and to secure the public safety on a
citywide basis. Additional work necessary and a contract summary is as follows
Contract Item 10.997.1 - Replacement of Knockdown Standard 16 ft or less 20 each - $521.00' $10,420.00
Contract Item 10.997.2 - Replacement of Knockdown Standards greater than 16 ft. 60 eacho_S586.00' $35,160.00
Amount of this increase $45,580.00
Original Contract Amount + $147,906.00
New Contract amount with this increase $193,486.00
1 hereby certify that the amount of this change order is fair and equitable for the work involved I request that your
Honorable Body authorize the Commissioner of Public Works to issue a change order to O'Connell Electric as set forth
above. Funds for this work are available in our Capital Project Account # 38310506 & 30032106.
unit bid prices from contract.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated August 10, 2006, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to
O'Connell Electric, an increase in the amount of $45,580.00, as more fully described in the above communication, for
work relating to Repair of Streetlight Foundations Knockdowns Group 649, Contract 92011104. Funds for this project are
available in Capital Project Accounts #38310506 & 30032106.
PASSED
AYES - 9 NOES -0
NO. 32
INCREASE IN CONTRACT
REPLACEMENT OF SITE SPECIFIC SIDEWALK - 2006
GROUP #666, CONTRACT #92011136
P & J CONSTRUCTION CO., INC.
ITEM #13 OF C.C.P. 06/13/06
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 to complete additional tree root and hazardous locations encountered during the construction
operations on a District by District basis.
Contract Unit Estimated Estimated
Item Description Price Quantity Cost
12.110 Maintenance & Protection of Traffic $2,640 1 $2,640.00
R05.204A Concrete Sidewalks & Approaches $5.00 8,536 sq.ft $42,680.00
4 "Replacement
R05.204C Concrete Sidewalks & Approaches $4.30 9,925 sq.ft. $42,677.50
4" Replacement (251 to 500 sq.ft.)
Total $87,997.50
Existing Contract Amount $385,530.86
Increase in Contract $87,997.50
Revised Contract Amount $473,528.36
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. Funds for this work are available in our Capital Project accounts #30032106 &
#39311106.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated August 31, 2006, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to P
& J Construction Co., Inc., an increase in the amount of $87,997.50, as more fully described in the above communication,
for work relating to Replacement of Site Specific Sidewalk- 2006, Group 655, Contract 92011136. Funds for this project
are available in Capital Project Accounts #30032106 & #39311106.
PASSED
AYES - 9 NOES -0
NO. 33
INCREASE IN CONTRACT
SHOSHONE /GAY /JH WILLIAMS COURT IMPROVEMENTS
CONTRACT NO. 92011163
(NORTH /UNIVERSITY)
We are requesting permission of your Honorable Body to increase the above contract with Titan Development in tire
amount of $10,350.00. This change order was necessitated due to additional work to install a concrete curb, additional
fence work, brush clearance and additional paving work.
The prices have been found to be fair and reasonable by our staff.
Funds for this work are available in Bond Account 39400106.
SUMMARY
Contract Amount - $53,500.00
Change Order - $10,350.00
New Contract Amount - $67,850.00
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated August 23, 2006, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to
Titan Development, an increase in the amount of $10,350.00, as more fully described in the above communication, for
work relating to Shoshone /Gay /JH Williams Court Improvements, Contract 92011153. Funds for this project are available
in Bond Account 39400106.
PASSED
AYES - 9 NOES -0
NO. 34
FORMAL APPLICATION TO ACCESS CITY RIGHTS -OF -WAY FOR THE PROVISION OF TELECOMMUNICATIONS
SERVICE
Please accept this letter to initiate the formal application of NextG Networks of New York, Inc., a Delaware
corporation ( "NextG'), for a right -of -way use agreement or other appropriate form of authorization from the City of Buffalo
(the "City ") to access the City's public ways for the provision of telecommunications services. This application is submitted
to the City in accordance with — 253 of the federal Telecommunications Act of 1996 and applicable State laws governing
the use of the public way by telecommunications carriers for the provision of their services. Enclosed you will find a short
FAQ document entitled "A Local Official's Guide: Responding to a Telecommunications Application from NextG Networks"
in order to assist you in analyzing and responding to NextG's application.
A. Agreement Form and Purpose.
NextG hereby requests a non - exclusive right -of -way use agreement or other appropriate form of authorization
from the City in order to install, operate, and maintain fiber optic cable and associated equipment, including optical
repeaters and antenna facilities, on, over, and under the public way within the City in connection with the provision of
telecommunications services provided by NextG as a "carrier's carrier" to its wireless operator customers. In order to
expedite its application and processing, NextG proposes to enter into a right -of way use agreement with the City
substantially in the form of the document enclosed herewith. If the City has developed its own form for this purpose,
please provide a copy.
B. Information about NextG,
General information about NextG and its technology and services is contained in various documents enclosed
herewith, including one entitled "NextG Benefits to Cities ". - Additional information can be supplied upon request.
C. NextG Business Model.
Simply stated, NextG offers wireless operators innovative solutions to satisfy coverage and /or capacity
objectives within their networks, such as "drop zones ", that do not require the construction of traditional macro sites, such
as large towers, monopoles, or rooftop installations. Critical areas can be covered by using optical fiber to connect a
network of microcellular node sites, consisting of small antennas and optical repeaters, attached to existing infrastructure,
namely streetlights and utility distribution poles, located in the public way. Such distributive antenna systems generally are
intended to supplement, rather than supplant, macro sites within carriers' networks in areas where such sites cannot
reach or serve adequately or when macro sites prove to be impractical.
Technically speaking, NextG is a facilities -based provider of protocol- agnostic, fiber - aggregated optical -to -radio
frequency ( "RF ") conversion and RF transport telecommunications services. NextG will make its services available to any
wireless carrier that wishes to purchase them to transport its customers' wireless voice and /or data transmission between
the carrier's base transceiver station and the fiber -fed optical repeater nodes and associated antennas that NextG seeks
to deploy on streetlights and other infrastructure available under the proposed right -of -way use agreement or from local
utilities. NextG's services v /ill amplify capacity and extend wireless carriers' RF signals in difficult coverage areas. NextG
customers will offer regulated telecommunications services to its customers under turnkey agreements through which
NextG will construct and operate fiber -fed microcell networks capable of sustaining multiple carrier customers without
unnecessary replication of infrastructure.
D. Regulatory Status.
The State of New York Public Service Commission has granted NextG a Certificate of Public Convenience and
Necessity to provide services throughout the State as a facilities -based provider and reseller of telephone service. A copy
of the CPCN is enclosed for your reference.
E. Proposed Location and Number of Attachments.
NextG proposes that any right -of -way use agreement authorize the installation and operation of its equipment
and network in, under, and over the public ways of the City on standard - design prefabricated steel poles, wooden
distribution poles, and other available structures throughout the City. The date of NextG's initial deployment and the
number of installations planned for deployment in the City will be determined after the right of -way use agreement is in
place and NextG can begin marke0ng its services.
F. Use of Poles and Streets; Trenching.
NextG requests the right to utilize City -owned streetlight poles, traffic light poles, and /or highway sign supports
(collectively "poles "), if any, for the deployment of optical repeater telecommunications equipment (including associated
cables, brackets, and antennas) in accordance with the terms, conditions, and authorized purposes set forth in the right -
of -way use agreement. NextG will use every effort to minimize trenching and boring in the streets of the City by feeding
fiber optic cabling directly from existing conduit, where available, to the poles to which optical repeater nodes and related
equipment will be attached pursuant to the right -of -way use agreement. NextG Will observe all applicable rules and
regulations of the City and its various departments with respect to permitting and the terms and conditions related to
construction of the NextG fiber -fed optical repeater network.
G. Technical Specifications and Drawings.
NextG v /III agree to observe all the terms, conditions, limitations, and design specifications set forth in the fight -
of -way use agreement in its installation, deployment, and operation of the NextG fiber -fed optical repeater network within
the City. Additional specifications and technical drawings of representative types of equipment can be supplied upon
request.
Any preliminary reformation as to construction permit process, permit costs and estimated duration of permit
approval for NextG's proposed facilities that can be determined from the City's Engineering Department or the Department
of Public Works would be greatly appreciated.
Thank you for your prompt attention to and consideration of this matter. If you have any questions, please
contact me at 715.254.1553 or pheimdahl @nextgnetworks.net. I look forward to scheduling a meeting or conference call
at your earliest convenience to discuss the City's response to this letter and guidance on processing NextG's application
forward to approval.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 35
PARKING ON REGENT STREET
ITEM NO. 83, C.C.P. 6/13/06
The following is in response to the above mentioned item.
A petition of 75% of the property owners in support of a parking regulation change on the affected street is required as a
departmental policy. The parking change requested in this item would have an effect on street cleaning and snow plowing
operations.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 36
PENHURST PLACE
[PARKING WITHIN RIGHT OF WAY
NEWMAN CENTER CAMPUS MINISTRY
Reverend Patrick J. Zengierski, Ph.D., Director of the Buffalo State College Newman Center Campus Ministry
has requested permission to utilize City right of way on Penhurst Place for a parking area. The parking area would be
located on the north side of Penhurst Place beginning at Elmwood Avenue and extending approximately 200' east. This
portion of Penhurst would remain open to thru traffic but parking lane would be restricted for Newman Center Campus
Ministry functions and visitors. The area reserved for Newman Center parking would be approximately 8'x 200' (1,600
square feet).
The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413 -67
(Encroachment Regulations) of the City Charter and has no objections to the proposed encroachment and proposed
usage as it will have no impacts on traffic flow or safety on this low volume street segment. Therefore, the Department of
Public Work, Parks and Streets has no objection to Your Honorable Body authorizing the Commissioner to issue a "Mere
License" for the use of City right of way as a parking area provided the following conditions are met:
1. That the applicant obtain any and all other required City of Buffalo permits.
2. That the applicant be responsible for maintenance of the parking area within City right of way.
3. That the applicant be charged any fee established for similar situations wherein City right of way is utilized as a
parking area.
That, in the event the Commissioner of Public Works, Parks and Streets determines the encroachment must cease as a
result of factors effecting the health, safety and welfare of the public, or the needs of the City, said commissioner may
order the immediate removal of the encroachment as described in Chapter 413 -67(F) of the City Charter.
That the applicant supply the Department of Public Works, Parks and Streets with a certificate of insurance, in an amount
deemed sufficient by the Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and
all loss or damage arising out of the construction, maintenance, use or removal of said parking area.
Mr. Bonifacio moved:
That the above communication from the Department of Public Works, Parks and Streets dated August 31, 2006 be
received and filed; and
That the Commissioner of Public Works, Parks and Street be, and he hereby is authorized to issue a "mere license"
to Reverend Patrick J. Zengierski, Ph.D., Director of the Buffalo State College Newman Center Campus Ministry, to
reserve Newman Center parking on the north side of Penhurst Place beginning at Elmwood Avenue and extending
approximately 200' east. The area reserved for Newman Center parking would be approximately 8'x 200' (1,600 square
feet), subject to the conditions as listed above.
PASSED.
AYES -9. NOES -0.
NO. 37
PERMISSION TO HIRE CONSULTANT
CONSTRUCTION OF SALT STORAGE FACILITIES
1120 SENECA & 166 DART STREETS
The Department of Public Works, Parts & Streets requests permission to hire a consultant to prepare plans and
specifications and provide construction administration for the Construction of Salt Storage Facilities. The project is part of
the approved 2005 -2006 Capital Budget. Funds are available in Account 38320906.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated August 15,
2006 be received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultant
to prepare plans and specifications and provide administration for the Construction of Salt Storage Facilities, 1120 Seneca
and 166 Dart Streets. Funds for this project are available in Account 38320906.
PASSED.
AYES -9. NOES -0.
NO. 38
R. CONIGLIO -REQ. PAYMENT OF VACATION DAYS
#71 OF 7/25/06
Our department has been asked to respond to the above - mentioned item. This item should be referred to the
Department of Human Resources
RECEIVED AND FILED
NO. 39
CERTIFICATE OF APPOINTMENT
Appointment Effective: August 28, 2006 in the Department of Public Works, Parks & Streets, Division of Water,
at the Intermediate Starting Salary of $30,267.
Donna Michalics
594 Tonawanda St.
Buffalo, NY 14207
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF POLICE
NO. 40
APPROVAL TO PURCHASE VEHICLES ACCORDING TO ADOPTED BUDGET"
CCP #25 DATED JULY 11, 2006
The following is a response to the cited CCP:
This is to advise that we conducted a review of the Police Department Fleet and Equipment and hereby report that they
are marked to comply with the requirements set forth in the City Ordinance Chapter 53, as will any fleet additions. The
only exceptions will be for unmarked vehicles that the Commissioner of Police designates for Police purposes. Any new or
reassigned vehicles or equipment will not increase the number of take -home vehicles. The overall size of the Police Fleet
will remain constant as new vehicles are placed into service and other vehicles and equipment are taken out of service.
Additionally, and no less than annually, we have met with Council staff to review the composition and size of the Police
fleet.
If you have questions, or further concerns, please feel free to contact me.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Police dated August 4, 2006, be received and filed; and
That pursuant to Item No. 25, C.C.P., July 11, 2006 "Approval to Purchase Vehicles According to Adopted Budget ", the
Commissioner of Police has reported that the vehicles are marked to comply with the requirements set forth in the City
Ordinance Chapter 53, as will any fleet additions.
PASSED.
AYES -9. NOES -0.
NO. 41
DRUG ASSET FORFEITURE WIRE TRANSFERS
ITEM NO. 104, C.C.P. 2/2/88
05 -DEA- 458714 C2 -06 -0011 $ 3,457.16
05 -DEA- 458715 C2 -06 -0011 1,132.34
05 -DEA- 458712 C2 -06 -0011 4,208.89
06 -DEA- 464346 C2 -06 -0058 1,234.09
06 -DEA- 465388 C2 -06 -0076 1,202.89
06 -DEA- 459068 C2 -06 -0018 3,628.48
06 -DEA- 464866 C2 -06 -0069 1,975.09
06 -DEA- 465089 C2 -06 -0071 4,310.89
06 -DEA- 465103 C2 -06 -0072 1,214.89
TOTAL $22,364.72
The Drug Enforcement Administration (DEA) has administratively forfeited the above referenced property. The funds were
received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000-
389001. These funds will be placed into one or more of the following accounts as deemed by the Commissioner of Police:
Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and
Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment
If you have any questions regarding the above mentioned, please contact Inspector Joseph Strano at 851 -4624.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Police dated August 17, 2006, be received and flied;
and
That the Commissioner of Police be, and he hereby is authorized to deposit the funds received by the Police
Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001 in the total
amount of $22,364.72.
PASSED
AYES -9. NOES -0.
NO. 42
PERMISSION TO ACCEPT VARIOUS GRANTS AWARDED TO DEPARTMENT
LISTED BELOW AND APPROVAL FOR APPROPRIATE INTERFUND CASH LOANS]
As you are aware, the Buffalo Police Department continues to be successful in securing grant funding through various
sources. We have received official verification and confirmation from the County, State and Federal Governments as to
these awards. Therefore, in order to keep within the practices of our grant processing, especially in this time of critical
need for funds, we are asking permission from your Honorable Body and Buffalo's Fiscal Stability Authority for the Mayor
to enter into the contracts listed below. In addition, we are also requesting, as is our standard practice, that your
Honorable Body authorize the Comptroller to provide for an interfund cash loan for all non - personnel expenses until such
reimbursements are secured by the funding source (County, State, "Feds "). We have listed the amounts under each
identified grant and each loan would then be repaid as the reimbursements are sent to the City under the individual grant
programs.
As you are aware, the grant process often involves delayed information, budgets, and contracts at these government
levels, often times beyond the City's control, and therefore create a pressing situation for the processing of the required
paperwork. Some of these grants involve personnel expenses, equipment, etc. and it is imperative that we spend out the
funding prior to the end of the grant's fiscal year, and in most cases, because of the lengthy processing, we are constantly
faced with time constraints Therefore, we would appreciate your approval at the next meeting.
STOP DWI Grant Program We are requesting authorization for the Mayor to enter into the 2007 renewal agreement
between the City of Buffalo and the County of Erie under the STOP DWI Grant Program for the period January 1, 2007
through December 31, 2007. The City of Buffalo and the County of Erie have had these annual contractual agreements
over the last several years whereby the City is reimbursed for efforts in the enforcement of alcohol and /or related traffic
violations. Under this agreement, the City will be reimbursed by the County for up to 65% of all revenue generated from
fines levied resulting from the disposition of alcohol - related traffic offenses. These funds are then utilized to continue
enhancing the Department's DWI enforcement activities. Under this particular grant, there is no City Match and no
interfund cash loan request.
NYS MOTOR VEHICLE THEFF /INSURANCE FRAUD PREVENTION
GRANT - Again, we are asking for authorization for the Mayor to enter into
a renewal agreement between the City of Buffalo and the Department of Criminal Justice Services under the State's Motor
Vehicle Theft and
Insurance Fraud Prevention Program for the period 01 -01 -07 through 12- 31 -07. Our potential award will range between
$80,000 and $150,000 and the expenditures under this grant project will cover reimbursement for a Detective's position as
it relates to the incidence of automobile thefts and correlated crimes (including overtime, if applicable) and training
expenses. We are requesting an interfund cash loan for all non - personnel expenditures (training expenditures pertinent to
this initiative) until such reimbursement is secured from the State. The loan would then be repaid as the reimbursements
are sent to the City from the State under this grant project. There is no City Match involved with this grant.
OPERATION PROTECT KIDS (CIGARETTE GRANT) - This renewal grant was awarded to the County of Erie under the
New York State Department of Health's Youth Tobacco Enforcement and Prevention Grant and will run through
September 30, 2007.
Under this renewal agreement, the County will reimburse the City of Buffalo the sum of $40.00 for every completed
compliance check of merchants who sell tobacco products. Using underage operatives as decoys, compliance checks
have been conducted to see if active enforcement of New York State Public Health Laws reduces the availability of
tobacco products to children. Another focus of this project has been to educate local business owners with licenses to sell
tobacco products as to the law, and how this law must be enforced. Merchants who have been found violating this law
and allowed the operative to purchase tobacco products, are to be subjected to penalties imposed by the Health
Department, which may include fines. The City of Buffalo will receive 50% of any fines levied in order to continue the
efforts to reduce tobacco sales to minors.
BUFFER ZONE PROTECTION INITIATIVE - As part of the US Department of Homeland Security's many initiatives, the
City of Buffalo, through its Police Department, has the potential for a funding award of $189,000 to be utilized to purchase
equipment to enhance protective security measures and infrastructure protection for key assets and critical
infrastructures, especially focusing on sites identified by New York State as meeting the federal definition of "Critical
Infrastructures," through the Weapons and Mass Destruction Buffer Zone Protection Plan. The funding can be utilized for
authorized equipment purchases only. The grant period will cover twenty -four months and there is no City match involved
with this grant initiative. The premise behind this particular initiative is to support outside perimeter protection of identified
critical infrastructures /key assets by developing effective protective measures that make it more difficult for terrorists to
conduct surveillance or launch attacks within the immediate vicinity of high priority potential targets. We are requesting an
interfund cash loan for all non - personnel expenditures (equipment expenditures pertinent to this initiative) should the need
arise until such reimbursement is secured from the State. The loan would then be repaid as the reimbursements are sent
to the City from the State under this grant project. There is no City matching requirement.
BULLET PROOF VEST REIMBURSEMENT: Again, through its Department of Police, the City is entitled to receive up to
50% reimbursement, which in turn will then be prorated between $80,000 and $120,000, for the authorized purchase of
bullet proof vests that comply with the requirements of the Office of Justice Programs' National Institute of Justice.
Reimbursement is handle online and the City will receive a direct payment once proper reimbursement steps are
electronically initiated.
OPERATION IMPACT III: The Buffalo Police Department is respectfully authorization for the City to accept funds, totaling
$660,982, from the NYS Division of Criminal Justice Services as part of Operation Impact Year 3 covering the grant
period of 7/1/06 through 6/30/07.
Operation Impact is part of a comprehensive strategy in New York State to reduce violent crime involving gangs, guns and
drugs through integrated anti -crime teams. Buffalo's strategy includes coordination with federal (ATF, FBI, DEA, US
Marshal) state (NYS Police) and local law enforcement (Buffalo Police, Erie Co. Sheriff Dept, Central Police Services,
NFFA, Housing) as well as Probation, Parole, the US Attorney's Office, and the District Attorney's Office.
This year, unlike last year, awards were competitive throughout NY State, and also, the State will reimburse the City of
Buffalo directly for the $660,982. This year, there is no matching requirement. The funding award will be utilized as
follows:
$125,367 - Continuation of coverage for the salary /fringes of 3 Report Technicians rehired 2 years ago (Please note it is a
mandate of this grant that law enforcement agencies receiving funds must submit UCR Part I crimes to DCJS by 30 days
following end of month and because we were able to rehire these 3 Report Technicians, we have been able to keep up
with this requirement under the Year One /Two Grants.
$63,069 - Salary /Fringes from 2 Crime Analyst since we are moving toward COMPSTAT
Process, and work load will increase since there are over 40,000 crime incidents and close to 300,000 calls for service
annually. In addition, DCJS mandated strong focus on crime analysis and intelligence gathering under this year's grant.
Mapping, analytical software, and statistical analysis are critical in identifying threats and opportunities for intervention
such as: "hotspots ", peak periods, suspect /victim relationships, and vulnerable places, which will be key to driving our
strategies. Therefore, initiating the COMPSTAT process, while analyzing timely and accurate date, which will ultimately
then be shared with Buffalo Police's internal command, with IMPACT partnership members, with Chief of Police from our
first -ring suburbs, and also, regionally with other law enforcement partners within Western New York area will require
adequate resources for execution and evaluation. The grant is requiring additional crime analysis responsibilities, and in
order to carry them out responsibly, we need an additional crime analyst
$42,392.84 - 25% reimbursement 2 School Resource Salaries /Fringes as they support the "specific deterrence" strategy
under IMPACT III as these officers will provide Gang Resistance Education and Training directed at middle schoolers in
high crime areas
$296,499.16 Overtime reimbursement (will not cover FICA /Pension this year (unlike last year) for participating with
federal /state enforcement agencies to serve warrants, work homicides including cold cases, narcotics activities, wiretaps,
utilizing license plate reader, strike force overtime, field intelligence operations, gun interdiction team,
$23,654 - Equipment: Hardware (Monitors, Mounts, Projector Screens) for presentation room for COMPSTAT Process,
lap top for presentations, Computer Server)
$5,000 (mandatory amount per DCJS) - Technical Training /Travel to same - NYS is holding training presentations and
mandatory attendance required at same through this grant; also includes travel funds to view COMPSTAT set -up
$75,000 SUNY Buffalo for mandatory outcome based grant evaluation, data /statistical audit zeroing in on locations within
BPD as it relates to gang member information /activity, violent crime, statistical data, etc. Three (3) research assistants will
be responsible building capacity for crime analysis in the Buffalo Police Department under Operation Impact. A research
assistant from the UB Geography Department will be assigned 20 hours a week to the Buffalo PD Crime Analyst to assist
with crime analysis, crime mapping and other types of projects under Operation Impact; 2" Research
Assistant, will also be from UB Geography Department to assist Buffalo with the Central Police
Services county -wide crime mapping, will also assist BPD Crime Analysts with Operation
IMPACT analysis from county -end, for inclusion in the COMPSTAT Process as data from first
ring suburbs is part of process, and will also serve as liaison between the Buffalo Police Department Crime Analysts and
the County's Central Police Services. A 3 Research Assistant will continue with Phase II of Data /Information Flow Audit
for BPD which began under IMPACT Year II. The purpose of Phase I was to create a picture of where data and
information reside in
the department and in agencies that work closely with the department. In Phase II of the project, the UB researchers have
been asked to help to establish a system within the department so that users know what information is available, who
should have access to various kinds of information, and where to get information (for both internal and external
customers). The BPD has a new
records management system, CHARMS, run by Erie County Central Police Services, that has the capability of producing
reports tailored to the needs of end users. The BPD now also has access to several other information systems (e.g., RICI,
Juvenile Justice System, e- Justice) at both the county and state levels. The research team has been working closely with
CPS to understand the
capabilities of each of these systems and will be making recommendations for how best to make sure that managers and
supervisors in the department know what information exists, know how to access it, know how to get authorization for
others to access the system, and know who to contact for assistance. Phase II will also include assisting in the
development of a single point of contact or node for questions regarding where information resides, either as an online
database accessible to all users or as a staffed office within the department or both. All research assistants will also assist
with final evaluation of the Impact strategies, including measurement of crime, 911, and firearms data.
$25,000 Sub - agreement with City's Department of Community Services Youth Impact Work Opportunity - Operation
Impact III is collaborating with The Buffalo Youth Impact Project, another DCJS grant awarded to the City to provide jobs
for at -risk or high -risk youth within selected neighborhoods in the City of Buffalo, who are receiving services from the
Buffalo Youth Impact Program. The young people in the Buffalo Youth Impact Project are currently on probation for
involvement for violent behavior criminal acts including gun charges. This collaboration will provide jobs for up to 12 youth
that reside in designated "hot spots" which include the neighborhoods in zip codes 14204, 14211 and 14215, which are
targeted areas under the current Youth Impact Grant.
$5,000 Sub - agreement with City's Save Our Streets Program for securing title searches and appraisals required for the
forfeiture of property for federal civil asset forfeiture litigation through US Attorney's Office.
We are asking for an interfund cash loan in the amount of the $133,654 as a safeguard in the event we cannot get the
25% advance, which covers all non - personnel expenditures until such time that reimbursement is secured from the DCJS;
we are not seeking an interfund loan for any personnel reimbursement. The interfund loan would then be repaid as the
reimbursements are sent to the City from the "feds" under this grant project.
GREAT (Gang Resistance Education And Training) - The City of Buffalo has been awarded $21,600 to participate in the
GREAT Program. This program instructs middle /high school students as to the dangers of gangs through education and
prevention strategies, and which will tie into the Department's Operation IMPACT III Grant.
The funding is broken down as follows: $15,120 will cover 25% base salary of one SRO assigned to GREAT Training, in
addition to $1,000 for training videos (i.e., Drama Queens /Tough Guys), $3,600 will be utilized for promotional supplies
supporting GREAT activities (T- shirts, self esteem certificates, pencils, class materials, etc.), and $1,880 for required
training, especially a focus in family component training. In addition, this year, for the first time ever, there is a
City match of 10 %. The Police Department will be covering $2,160 of the SROs fringes as result of participation under this
grant. We are asking for an interfund cash loan in the amount of the $6,480, which covers all non - personnel expenditures
until such time that reimbursement is secured from the Bureau of Justice; we are not seeking an interfund loan for any
personnel reimbursement. The interfund loan would then be repaid as the reimbursements are sent to the City from the
"feds" under this grant project.
Domestic Violence Grant To Encourage Arrest Policies and Enforcement of Protection Orders - In January, Buffalo Police
was called by the County of Erie's District Attorney's Office to assist them to continue with the Buffalo /Erie County
Stopping Abuse in the Family Environment Initiative (BE -SAFE) as there was some glitch within Erie County and the
County could not apply for this grant directly. The (under, STOP Violence Against Women stated that the City of Buffalo
could apply on behalf of Erie County for this Grant. The award is in the amount of $766,150 -It involves funding for
Domestic Violence District Attorney /Senior Caseworker, Training (including law enforcement), some
equipment /supplies,(printer, ink cartridges, photo paper), and funding for sub - agreements with other partners: University
of Rochester (evaluation /data analysis), Child and Family Services (Haven House- women's shelter), Hispanics United of
Buffalo, and the International Institute. If the City did not assist Erie County with the filing of this grant, the County of Erie
would have lost it. So Buffalo Police was being a cooperative partner because domestic violence obviously cannot be
ignored. No Matching Requirement.
DRUG INTERDICTION /POINTS OF ENTRY (POE) - Once again, the Police Department is being a "collaborative" partner
within the community. The State has also renewing a contract with the City under the Points of Entry Grant. Buffalo Police
no longer receives funding because we receive IMPACT funds. However, through the NFFA received this funding from
the NYS Department of Criminal Justice Services, and it has been tied in with Operation IMPACT. As you are aware from
previous years, the City of Buffalo acted as a conduit agency to receive funds earmarked for the NFFA Police Department
as federal statutes and regulations prohibit the direct transfer of grant monies to any agency that is not a "taxing entity."
We have been notified that the NFTA will receive $49,145 for their Year 12 Grant, which began January 1, 2006 through
December 31, 2006. Under this grant, we will forward the $49,145 as their share of grant funding when we are reimbursed
by the State.
2006 TRAINING GRANT TO STOP ELDER ABUSE - The Buffalo Police Department is part of a collaborative grant with
the Office of Court Administration for addressing abuse and sexual assault against older individuals. The Department will
be sending officers from our Police Training Academy for "train the trainer" training, as well as training patrol officers
about this subject matter. It is our understanding that we will receive $54,000 to cover overtime for this training. No City
Matching requirement.
DCJS JUSTICE ASSISTANCE GRANT - The NYS Department of Criminal Justice Services has awarded the Buffalo
Police $7,500 to purchase equipment necessary to videotape and electronically record interviews and interrogations of
persons of interest in sex offense crimes. There is a City Matching requirement of $833.00 (10 %) and Department will
utilize asset forfeiture money to alter room to accommodate this purpose. We are asking for an interfund cash loan in the
amount of the $ %500, which covers all non - personnel expenditures until such time that reimbursement is secured from
the State. The interfund loan would then be repaid as the reimbursements are sent to the City from the "feds" under this
grant project.
GOVERNOR'S TRAFFIC SAFETY (YEAR 11) - Once again, the City Buffalo has applied for $40,320 in renewal grant
funding under the Governor's Traffic Safety Grant Program through our participation with the County of Erie's Governor's
Traffic Safety Regional Planning Committee. Through this project, a heavy emphasis is being placed on general safety by
addressing speed enforcement and aggressive driving behaviors that have been determined regionally by this committee
as a major problem (whereby the City of Buffalo is represented, as are the surrounding suburbs). Under this year's grant,
we have requested reimbursement for overtime for each of the five (5) Police Districts to specifically pursue and address
speeding /aggressive driving behaviors in identified trouble spots. There is no City Match involved with this grant.
URBAN AREA SECURITY (UASI) YEAR 4 -As you are aware, the City of Buffalo, County of Erie, and Niagara County
have been awarded grant funds for a fourth (2006) under the Urban Area Security Initiative(UASI) from the US
Department of Homeland Security for urban area security and homeland preparedness, totaling $3,710,000. Also, as you
know, this region has been cut close to 50% and we are on sustainment, which the leadership, both locally and regionally
is trying to address. The City of Buffalo's share of funding is a total of $1,449,990; the County's share is $1,425,066,
Niagara County's share is $834,944, and New York State waived their 20 %.
As it has been our standard practice, we are asking for approval by your Honorable Body for me to accept these funds on
behalf of the City and accept the expenditures itemized below. Be advised, that because of all the bureaucracies involved
with the release of the homeland security funding, we are spending down all of the monies at the same time and the
processes involved are time consuming and lengthy.
The City's breakdown of funding is as follows:
Division of Water ($50,000
$50,000 - Continuation: Perimeter Security /Target Hardening
Fire Department ($621,190
$20,000 - Fire Overtime Yellow Alert
$50,000 - Fire OT Urban Search /Rescue - training /backfill
$25,000 - Fire Planning OT
$10,000 - Fire OT for training on equipment secured (AEL mandated)
$150,000 - Fire Training /OT backfill for Structural Collapse Training
Fire Department (continued)
$30,000 - Fire National Incident Management Training
$25,000 - Fire CBRNE Training
$21,000 - Cell Phone Service
$6,000 - Hand Tools
$5,000 - Reference Materials /Technical Guides
$500 - Hearing Protection
$ 2,500 - Transporting Field /Operation Cart
$15,000 - Protective Structural Firefighting Gloves
$50,000 - Marine Surface Rescue Equipment (floating stokes, flotation devices, etc.) $17,000- Protective Structural
Firefighting Hoods
$23,000 - Protective Structural Firefighting Helmets
$25,000 - Breathing Compressor
$ 4,190 - Personal Hydration System
$ 7,000 - Electrically Powered Rescue Tools
$135,000 - Travel /Tuition for Training: Urban Search Rescue Structural Collapse Course
City Hall ($278,880)
$125,000 - Continuation: Security Project (includes alteration /renovation)
$117,550.25 - Continuation: Salary /Fringe Benefits (411106 - 6/30/08) for City's Homeland Security
Planning /Emergency Management Coordinator
$33,000 (part of 2.5% mandatory cap) - Continuation: Salary /Fringe Benefits (4/1/06 - 6/30/08) for
City's Homeland Security Fiscal Compliance Manager
$ 3,249.75 (part of 2.5% mandatory cap) - Administrative Travel /Training - Attendance at required
UASI conferences /technical training
Police Department ($500,000)
$125,000 Police Yellow Alert Overtime
$ 2,000 Enforcement Planning Overtime
$ 50,000 Police OT for Regional Exercise Activity
$100,000 Police CBRNE /NIMS Training Overtime / Backfill
$ 18.000 Police Planning OT for Citizen Preparedness Activities
$ 50,000 Police Cellular Phone Service
$150,000 Citizen Preparedness Coordinator Initiative
$ 5,000 Police CBRNE /NIMS G &T Sponsored Workshops (Department Homeland Security)
This completes the City of Buffalo's direct share of contractual funding for 2006 ($1,449,990). Again, we are asking for
permission for the City to accept this award, and also, authorization for an interfund cash loan covering all non - personnel
expenditures should the need arise. The loan would then be repaid as the reimbursement is sent from the State under this
special initiative. This particular grant application process has been very long and bureaucratic with the State and the
processing of this grant information has been difficult due to the complexity of the different entities involved, the fact that
the City has four UASI grants running simultaneously (we are nearing the closing of Years One /Two)
Also, for your information, the Buffalo Police Department will be securing reimbursement from the FBI for any overtime
worked by the Detectives assigned to the Joint Terrorism Task Force and the Safe Streets Task Force, which to date, will
not exceed $30,288, and from the US Marshall's Office in the amount of $7,597.87.
Again, we are asking for permission for the Mayor to accept all of this funding, and in addition, and where applicable,
authorization for an interfund cash loan covering all non - personnel expenditures should the need arise.
We try to secure all the required grant information in a timely manner, however, the reality is that is always not possible,
and as a result, we find ourselves in a position of having to process things, such as this request, extremely quickly in order
to follow our own governmental procedures. We need your immediate approval due to the various timetables, and also,
we are presenting this to the Control Board at their September 28th meeting, which we cannot do until we secure your
approval.
If you have any questions or require further clarification of the above, please contact Inspector Joseph Strano at 851 -4879
or Captain Mark Makowski at 851 -5643.
Thank you for your immediate attention to the above.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Police dated April 31, 2006, be received and filed;
and
That the Mayor, Buffalo Fiscal Stability Authority and the Commissioner of Police, be, and they hereby are
authorized on behalf of the City to secure grant funding through various sources of the grants listed above. That the
Comptroller be, and he hereby is authorized to provide an interfund cash loans for all non - personnel expenses until such
reimbursements are secured by the funding source (County, State and Federal).
PASSED.
AYES -9. NOES -0.
NO. 43
ADMINISTRATION /GRANTS MODEL" QUALITY OF LIFE CENTER]
(ITEM NO. 31 C.C.P. 07/20/06)
As you are aware, on May 24, 2006, members of the Buffalo Police Department as well current Citizen Preparedness
Coordinators met with your Honorable Body to discuss information as it related to the former COPS Satellites which are
now currently utilized as Citizen Preparedness Centers due to a change in grant funding.
You requested ideas and suggestions for a model program to deal with quality of life issues, since the current Citizen
Preparedness Coordinators can no longer work on quality of life issues without jeopardizing the UASI grant that funds the
current positions.
Since that meeting, and as verified by the most recent letter sent to your Honorable Body dated July 19, 2006, meetings
have been held to put together the requested draft.
The following information is the result of the various entities working together:
MODEL QUALITY OF LIFE CENTERS
I. Mission: Assist all stakeholders in the City of Buffalo with addressing quality of life issues and provide educational
trainings in crime prevention, emergency preparedness, neighborhood organizing, and problem solving.
II. Responsibilities
1. Address quality of life issues
2. Conduct trainings
3. Work with all stakeholders & develop community contacts
4. Organize problem solving sessions to address low level crime and disorder problems,
quality of life problems
5. Keep current on trainings, materials, etc
6. Coordinate events (i.e., Great American Clean Up National Night Out, Holiday parties
for community /children)
7. Organize block groups, tenant associations, business associations
8. Provide Crime Prevention information
9. Develop new materials, informational brochures, fliers, power points
10. Work with immigrant /refugee populations
11. Maintain professional memberships & certifications
12. Coordinate all related activities with local government
13. Document all activities & maintain records
14. Maintain professionalism and adhere to policies /procedures /protocols of hiring agency.
III Job Requirements
1. Background check CNYSPIN and local)
2. Resume - updated
3. Hold NYS Certification (current) as a Crime Prevention Specialist
4. Sign Confidentiality Agreement and all work related protocols
5. Possess High School Diploma /GED. Preference given to applicants with two years of college, military and /or
equivalent work experience
6. City of Buffalo resident (proof of residency required)
7. Valid NYS Drivers license. Vehicle preferred
8. References required (professional and persona /)
9. Flexible schedule (some weekends, evenings required)
10. Possess strong community engagement skills
IV. Operations of Quality of Life Centers
Staffed by civilians
Regular contact with other City Departments and services such as police, housing inspections, parking enforcement, etc.
Often times, funded by grants (need to ID sources)
Located at Community Centers that would provide space in exchange for assistance with some programming, events
such as the Great American Clean Up, National Night Out, etc.
Coordinated with Office of Citizen Services, Council Staff, BPD, Housing Court Liaisons, Good Neighbor Planning
Alliances (GNPAs), Buffalo Weed and Seed; coordinate with various city services such as inspections for referrals,
recording of complaints & requests, etc. to make sure info captured by CitiStat, coordinate tasks and to avoid duplication
of services
Resource for Council members
Coordinated with Erie County CAO and Erie County Board of Block Clubs for training, events, mailings
Place for volunteers, interns, and community service workers
Available Citywide
Strategize with police, city agencies to prioritize and address quality of life issues
and neighborhood concerns, complaints, issues
City Issues That Need To Be Addressed If Quality of Life Centers Initiated:
Hiring of staff, including oversight coordinator (Control Board Freeze /Need for Approval) What would reporting structure
be (dependent on funding source(s) /Assignment of City Department to operate Maintenance of cameras (International
Market Place)
City /Other Funding Sources for initiation /5 sites estimation: $350,000
Areas of City that do not have a Center Relation to Citizen Services very important to decide
V. Quality of Life Issues
1. Narcotics dealing
2. Problem properties
3. Prostitution
4. Graffiti
5. Dumping of garbage
6. Loud music or noise
7. Conflict resolution
8. Problem solving
9. Illegal parking
10. Abandoned cars
11. Elderly neglect
12. Underage drinking
13. Horn Honking
14. Gangs
15. Unsupervised Children
16. Car pops /break -ins
17. Panhandlers
18. Homelessness
19. Found drug paraphernalia
20. Animal problems
21. Student Parties
22. Trees /tall grass
23. Rodents - rats, bats, and skunks
24. Problem dells
25. Welfare of neighbors
26. Neighbor disputes
27. Loitering in parks
28. Riding mini bikes / electric scooters
29. Barking dogs
30. Horn honking
31. Trash improperly contained
32. Problem tenants
33. Traffic issues
VI. Trainings Staff Would Conduct As Quality of Life Coordinators
Neighborhood Watch
ID Theft
Block Club Organizing
Crime Prevention
Personal Safety
Business Safety
Residence Safety
Emergency Preparedness
Problem Solving
What to do When Stopped by the Police
Crime Prevention Through Environmental Design (CPTED)
Graffiti Abatement
CERT training
Safe Shopping for Seniors Training
VII. Trainings Current Citizen Preparedness Coordinators Have Received And Recommend That Quality of Life
Coordinators Receive (if available)
40 hour Basic Crime Prevention Course certifying them with NYS as Crime Prevention Specialists. The Crime Prevention
Association of Western New York and the NYS Crime Prevention Coalition sponsored this training. Each coordinator is a
member of both organizations. The cost of this training was in excess of $200.00.
CPTED -Crime Prevention through Environmental Design -40 hour course also sponsored by CPAWNY & NYSCPC, also
costing in excess of $200.00.
Working with disabled individuals
CPR /AED Training
Identity Theft Prevention
Graffiti Abatement & Graffiti Recognition
Red Cross Disaster College
Stalking and Cyber Stalking
CERT- Community Emergency Response Team
CAT Eye- Community Anti - Terrorism Training Instructor
AmeriCorpsVista
V.I.A. B. L. E
United Neighborhoods Leadership Training
Professional Stops & Seizures Train - The - Trainer Course February 2002
Safe Schools Training Program
Quality Fingerprinting
Certificate of Attendance Completing Workshops
NYS Instructor Development School
Community Oriented Policing Problem Solving
United Neighborhoods Leadership Training
Crime Prevention Training
Crime Prevention Through Environmental Design
Basic Crime Prevention Course
Neighborhood Watch Training September
Certificate of Attendance Completing Workshops (National Conference on Preventing Crime) CERT including NIIMS ICS -
100
SOS Landlord Training Program
VIII. Sample Community Issues Addressed by COP Satellite Coordinators Under Previous COPS Grant Job
Description
One of the most important roles that the COPS stations play is to serve as a conduit to government and social services for
the community at large. As Michele Graves, the COPS Coordinator explains, "COPS staff play the dual role of having the
ear of the public and the expertise of government readily at hand." Since the COPS stations are located in the community
and usually housed at or nearby a community center or community association, the staff members know what the
neighborhood problems are and increasingly the neighborhood knows where to go to find help resolving low level crime
and disorder issues. When a neighborhood issue arises such as student house parties in the University Heights area,
neighbor disputes in the Grant -Ferry area, youth issues in the Eastside area, problems with properties in the Parkside
area, or loitering in the downtown area, COPS staff members have acted as the catalysts for forming responses to the
problems. The accounts below, written by the COPS staff members, capture some of the successes that the COPS
stations had in 2004.
International Market COPS
Fargo Estates
The COPS station organized a problem solving meeting in November 2004 to address complaints around an apartment
building that houses some new immigrants who speak little English and are unfamiliar with the local customs. Complaints
included unsupervised children who sometimes played in the street, loud music, honking horns and overcrowded
apartments. The residents had had no response from the building owner about the complaints. Both the owner of the
building and a representative from Journey's End (an agency that resettles refugees) attended the meeting as did the
Buffalo police. Several solutions were suggested and implemented including translating rules for tenants into Spanish,
providing information packets in Spanish (about places for children to play, loud noise ordinance, block club meetings),
asking police to issue summons to one particular loud car stereo chronic offender, and asking police to issue speeding
tickets on the street to avoid a possible accident involving the children and youth who hang out on the street. Police were
also asked to speak to the youth about the problem.
Robbery Caught on Camera
The International Marketplace COPS is the only station that has surveillance cameras and the cameras have been used
several times over the past year to review crimes that occurred in the area. The cameras were of particular use in a recent
robbery of an employee has he was entering the store where he worked earlier one morning. The camera showed where
the robber was hiding, that he had been pacing in front of the store before the robbery, and that he walked rather than
drove to the location. The camera even showed the street he walked down to get to Grant St., indicating that be was from
the neighborhood and giving the police a good lead on a suspect.
Christmas Food & Toy Drive
One of the missions of the COPS stations is to create more stable neighborhoods by building stronger ties within the
community. The International Marketplace COPS organizes an annual food & toy drive and delivery that brings neighbors
together to help neighbors. Along with the West Side Business & Taxpayers Association, the Butlers Michel Alumni, and a
Buffalo Police Community Police Officer, the COPS station delivered 6 food baskets & gifts to area families and 50 food
baskets to area senior citizens. The COPS station also organized a Christmas dinner and party for 50 families.
Recycling Program
The COPS stations have all been involved with the Erie County Recycling Public Education Campaign to encourage more
recycling in the city. The COPS stations now have recycling boxes available at all sites, but the International Marketplace
COPS station has been particularly effective in getting its local community to increase recycling, receiving over 200
requests for recycling boxes since Spring 2004.
University Heights COPS
The University Heights COPS station has continued its work with the Problem Properties Task Force (PPTF), serving as
the collector of complaints about problem properties in the area. Most of the complaints are about student house parties.
The COPS station processed 39 complaints about the house parties in 2004, sent letters to the landlords of those
properties, and resolved almost all of the complaints. In addition, the COPS station organized what has become an annual
"Walkaround" by the PPTF together with the police in the University Heights area in early September to identify potential
problem houses and to warn persons occupying those houses that the police will be ticketing for loud parties and arresting
those charging for alcohol and /or serving it to minors.
Graffiti & Posters
Graffiti on buildings and illegally posted posters on light poles contribute to blight in the University Heights area. Most
graffiti is done not by gangs but by college -age white males, some of whom are from UB. The site coordinator is a
member of the Graffiti Hurts Task Force and she has been active in getting graffiti removed in the area. For instance, she
received a call from a community member about graffiti on a deli store that had been up for some time. The coordinator
sent a letter to the owners of the store who removed the graffiti promptly. She also sent letters and a copy of the city
ordinance regarding posting flyers to owners of several establishments who had been posting their events illegally. To
date, none of those businesses has since posted flyers illegally.
Community Service Workers Clean -up Area
With an average of 20 Community Service Workers assigned to the University Heights COPS Station each month,
supervising the workers is one of the primary responsibilities of the Site Coordinator. Many of the CSWs are assigned via
UB's Student Wide Judiciary as part of a student's sentence to community service if arrested in conjunction with one of
the house parties held in the Heights. The CSWs are usually assigned to clean up the streets around Gloria Parks
Community Center. Over 3500 hours of community service have been complete through the COPS Station, helping to
keep the area clean.
Troubled Teenagers
A teenager who was being harassed by her mother's boyfriend started getting into trouble including fighting and
vandalism. The girl was arrested and given an appearance ticket. The COPS site coordinator became aware of the
situation because the girl was working at the CRUCIAL community center under the YO! Buffalo program. The coordinator
talked with the girl and found an alternative living situation for her that was safe and comfortable. The coordinator also got
the girl into an anger management class, and made sure she was showing up for school and doing her homework. The
coordinator also helped the girl to navigate the court system and provided assurance to the judge that the girl was working
to make changes in her life. The judge thanked the coordinator for her work with the girl, and sentenced the girl to 100
hours of community service to be served at CRUCIAL. The girl has now become the foster child of the woman she is
staying with and says that "this is the first time she feels what family is all about." In another situation, the coordinator
assisted a troubled teenager to get his GED and to find work at a local retail store.
Family Assisted
It came to the attention of the COPS site coordinator that a woman and her 4 children were living in an apartment in
deplorable conditions. The family had no furniture and very little clothing or food. The COPS site coordinator contacted
Erie County Social Services and helped arrange for the family to get a much better apartment and to get assistance in
paying rent. The coordinator also contacted the director of the International League of Muslim Women who helped locate
clothing and furniture for the family. She also contacted a neighborhood community organization who has helped the
family with food. The children are also now back i school and the family situation has improved significantly.
Mural & Garden Projects
As part of the United Way Day of Caring, the COPS site coordinator helped to organize a mural project for a viaduct on
French St. Along with Day of Caring volunteers, youth from the French St. Block Club worked on the mural. That same
day, the Day of Caring volunteers also planted 3 gardens and built 3 picnic tables at CRUCIAL where the COPS Station is
located. The coordinator also assisted in organizing another mural on a viaduct at Ferry & Grider with the help of Buffalo
Weed and Seed, Americorps volunteers, and youth & adults from the Ferry - Gilder Tenants Association.
Parkside COPS
Youth Congregating
The COPS site coordinator organized a problem solving meeting to address neighbors' concerns about teenagers
congregating on the comer at a convenience Store on the comer of Main & W. Oakwood. The teenagers were drinking,
smoking marijuana and gradually becoming loud, vulgar and engaging in public urination. The activity was intimidating
residents living near the comer, keeping them awake, and creating an unsafe feeling about the area. The COPS site
coordinator created a handbill to be distributed by the storeowner warning of the penalties for persons over 21 purchasing
alcohol for those underage. Also, as a result of the meeting, two Meet and Greets were held for the neighbors on the
block (and some of the teens were invited) with the result that neighbors decided to form a block club. West Oakwood is
determined not to have the same issues in the summer of 2005 that they had in 2004.
Great American Clean -Up
In May 2004 the Parkside COPS station organized a clean -up along Main St. that extended from Humboldt to Hertel
Avenue and along Linden Avenue from Main to Colvin. Groups that participated included area block clubs, community -
based organizations, youth from the area and, most notably, 60 Canisius College students. In addition to a general clean-
up of litter, the teams cleaned -out all of the planters along Main St, cleaned graffiti off the viaducts along Linden at Colvin
and at Parkside, and cleaned the new Peoples' Park on Main and Jewett.
Vernon Initiative
The Vernon Initiative was started to address problem properties in the Vernon Triangle area of Parkside. Issues include
drug activity, unkempt property, and loud noise after hours. The COPS site coordinator for Parkside facilitated the first
meeting of the group and serves as a resource to the group for addressing the problem properties. To date, two of the
properties are in housing court and landlords at both properties have made some improvements in both the behavior of
the tenants and in the appearance of the property.
Medical Campus COPS
Eider & Child Neglect
COPS stations site coordinators function as liaisons between the community and the various social, governmental and
public safety services in the city and county. In one example of this, on June 21 2004, the Medical Campus COPS
Station received a complaint from a resident of the Fruit Belt regarding a house on Peach Street. There was an elderly
couple, a first grade child and a woman in her 40's (the couples' daughter and the child's mother) who was allegedly
addicted to crack cocaine living in this house. The house was in a deplorable condition and the complainant stated that
the elderly couple and the child were being neglected by the woman. The COPS Station immediately notified Protective
Services for Older Adults, Child Protective Services, the building inspector, and Buffalo Police. The following day, a
representative from Protective Services went to the house with Buffalo PD and the building inspector. The elderly couple
was taken to the hospital for treatment, the housing inspector boarded up the house and Buffalo Police filed a report with
CPS and the child was put in foster care. The son of the elderly couple has taken custody of them and the house on
Peach Street is still boarded up.
Motel Problem
The Medical Campus COPS received a complaint regarding prostitution and drug sales in and around a motel on Main
Street near the COPS Station. Apparently, people who live and work in the area were being propositioned by persons
coming from the area of the motel. It was also alleged that the building was "roach infested ".
The COPS site coordinator sent a letter to the owner of the motel but received no response. This letter was also sent to
several stakeholders in the area. Upon further investigation the coordinator learned that the motel was receiving monies
from the Erie County Department of Social Services to help house homeless women and children when the homeless
shelters are full. The coordinator contacted Deborah Merrifield, the Commissioner of Social Services, who was very
concerned about the problems occurring there and she agreed to investigate the problem within her department and take
appropriate measures to address the problem.
Then on March 15, 2004 the COPS site coordinator organized a problem solving meeting about the public safety issues
around the Tourist Lodge and an action plan was developed. As a result of this action plan, a Personal Safety Training
was held for employees of businesses and agencies around the Tourist Lodge, a Crime Prevention Through
Environmental Design (CPTED) survey was done in the area, and a sting was set up at the Tourist Lodge regarding the
complaints of prostitution. On July 16, 2004, the owner of the motel was arrested for promoting prostitution. His case is
still pending in Buffalo City Court.
Youth Loitering
The Medical Campus COPS was contacted about a reoccurring problem around the Lafayette Court Building, 465 Main
Street that houses businesses as well as Bryant & Stratton College. The complaints were from the professionals working
in the building about Bryant & Stratton students, UB EOC students, and high school students exiting the MetroRail who
were congregating outside the entrance to the building making it difficult for customers and employees to exit and enter
the building comfortably. The congregation of people was occurring in front of both Main Street and Washington Street
entrances.
The COPS station organized a problem - solving meeting that brought together stakeholders in the area to address this
problem. During the meeting the group brainstormed for causes of the problem and singled out the most important ones,
then brainstormed solutions to the most important causes. Law enforcement (Buffalo PD and NFTA) agreed to step up
patrols in the area at the times the problem seemed to be occurring, primarily between 3 PM -5 PM. The NFTA also
contacted the Buffalo School Board to make sure they enforce proper use of bus passes (students were using them to
travel downtown rather than to their homes). The building owner also built a separate elevator for the College, the College
hired two of its own security guards, and lighting was improved at both entrances.
Since school started in September 2004, the climate on the Metro Rail and at the Layfayette Court building has changed
for the better. The NFTA has increased its officers assigned to the Metro Rail between 2:30 and 4:30 p.m. from 5 to 15 or
20, video cameras have been installed in all 27 rail cars, students are reminded of rules and responsibilities for riding
MetroRail during daily announcements at city high schools, on Metro Rail posters and through mailings to parents and
NFTA police officers. The manager of the building also reports that the major problems have been alleviated and that
there is a much more professional climate in the building now.
We are hopeful that this information will assist your Honorable Body in researching a solution for bringing back quality of
life coordinators.
Should you need further clarification and /or assistance, please do not hesitate to contact Deputy Police Commissioner
Byron C. Lockwood at 851 -4040.
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 44
CERTIFICATE OF APPOINTMENT
Appointment Effective: August 14, 2006 in the Department of Police, Division of Detective Bureau to the Position of
Detective
Contingent Permanent Promotion at the: Flat
Starting Salary of $ 59,909
Jeffrey R. Weyand, 1434 Perry Road, No Java, NY 14113
REFERRED TO THE COMMMITTEEON CIVILSERVICE
FROM THE COMMISSIONER OF FIRE
NO. 45
APPROVAL TO PURCHASE TWO FIRE DEPT VEHICLES THROUGH UASI YR 3 FUNDS
We are requesting approval to purchase one CBRNE light /air response vehicle and one post blast evidence collection
vehicle.
The CBRNE Light /Air Rapid Response Vehicle is a special purpose vehicle for the transport of chemical, biological,
radiological, nuclear and explosive terrorism response equipment to an incident site. This special purpose vehicle is
designed to serve as a stand alone unit providing breathing air and light support at emergency situations. This high
performance CBRNE mobile air unit is capable of meeting the SCBA cylinder demands required to respond to an
emergency similar to the scope of 9/11. At a minimum, the mobile unit needs to be able to fill 60 4500 psi SCBA; cylinders
per hour over a long sustained period of time. The unit will also be required to transport at least 20 filled, one hour spare
cylinders and 32 half -hour spare cylinders. (Normally, fire apparatus carries one SCBA per fire fighter.)
This Unit meets and exceeds the Homeland Security specifications by providing support for any emergency operation
occurring in WNY. Its two on -board fill stations will allow continuous filling of SCBNSCUBA as fast as they are needed
(approx. 60 SCBA cylinders) from the on -board storage tanks before the system needs to be refilled. While the operations
described above are on- going, this vehicle will also provide scene lighting and electrical support for other on -scene
apparatus and equipment (police, EMS, hazmat).
The Post Blast Evidence Collection Vehicle will be utilized by our Fire Marshals. Fire Marshals are federally trained and
certified Post Blast Investigators. This specialized vehicle will be used in the processing of scenes involving fire fatalities,
suspicious fire related injuries, fire related suicides, arson related homicides, weapons of mass destruction, post blast
investigations and other critical cases occurring in and around the City.
With the increasing scrutiny by the courts of evidence collection methods, a professionally designed vehicle is now a
requirement, not a luxury. This vehicle will be will be equipped with a lab style interior, lockable storage and complete
forensic equipment. This will allow our investigators to process evidence without contamination, reduce bacterial
degradation and secure storage to maintain chain of custody. From a regional perspective, this vehicle will assist
everyone working in the field of evidence collection and crime scene investigation.
Both of these vehicles will be used exclusively by on -duty personnel and will not be take home vehicles.
Michael Lombardo
Commissioner of Fire
Mr. Bonifacio moved:
That the above communication from the Commissioner of Fire dated July 31, 2006, be received and filed; and
That the Commissioner of Fire be, and he hereby is authorized to purchase one CBRNE light /air response vehicle and
one post blast evidence collection vehicle.
PASSED
AYES - 9 NOES -0
NO. 46
RETURN FROM LEAVE OF ABSENCE WILLIAM BIONDOLILLO
Be advised that I Firefighter William Biondolillo has returned from his unpaid military leave of absence effective August 14,
2006.
RECEIVED AND FILED
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT &
INSPECTION SERVICES
NO. 47
FOOD STORE LICENSE
525 DOAT (LOVEJOY)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a -Food Store License located at 525 Doat and find that as to form is correct. I have caused an investigation
into the premises for which said application for a food store license is being sought and according to the attached reports
from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies
with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem
appropriate.
Mr. Bonifacio moved:
That the above communication from the Department of Economic Development, Permit and Inspections Services dated
August 28, 2006, be received and filed; and
That the Commissioner of Economic Development, Permit and Inspections Services be, and he hereby is authorized to
deny a Food Store License to Yaqoub Alwasim, located at 525 Doat Street.
DENIED
AYES - 9 NOES -0
NO. 48
FOOD STORE LICENSE
364 EGGERT (UNIVERSITY)
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 364 Eggert and find that as to form is correct. I have caused an
investigation into the premises for which said application for a food store license is being sought and according to the
attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I
find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever
action you deem appropriate.
Mr. Bonifacio moved:
That the above communication from the Department of Economic Development, Permit and Inspections Services dated
August 28, 2006, be received and filed; and
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections
Services be, and he hereby is authorized to grant a Food Store License to Jamil Munassar, located at 364 Eggert.
PASSED
AYES - 9 NOES -0
NO. 49
FOOD STORE LICENSE
398 GRANT (NIAGARA)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Food Store License located at 398 Grant and find that as to form is correct. I have caused an
investigation into the premises for which said application for a food store license is being sought and according to the
attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I
fmd 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. 50
FOOD STORE LICENSE
3211 MAIN (DELAWARE)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Food Store License located at 3211 Main 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. 51
M. KEARNS OPPOSE COMMUNITY FIELD HOUSE COMPLEX
ITEM NO. #93 C.C.P. JULY 25, 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 #93 C.C.P. July 25, 2006
You have forwarded a petition to me that has been signed by "Concerned Neighbors" who oppose the "multi- purpose
community field house complex of 27,500 square feet at Bishop Timon -St Jude ".
I have forwarded the petition to the Office of Strategic Planning for its information and to transmit it to the Buffalo Planning
Board for their consideration.
I am sure the Office of Strategic Planning will give the petition the consideration that it deserves.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
NO. 52
BUFFALO RIVER IMPROVEMENT
ITEM NO. #79 C.C,P, JULY 25, 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 #79 C.C.P. July 25, 2006 M. Kearns -P. Herbert - Buffalo River Improvement.
are currently four publicly owned 'launch" sites on the Buffalo River as follows:
-Ohio Street, NYS DEC launch site, improved with boat launch and parking. Located just up river from where Buffalo River
enters the Buffalo Harbor.
-Smith Street, Buffalo City park, no ramp but can launch small craft by hand from improved parking lot. Developed as a
habitat restoration project by Erie County.
- Bailey Ave, City park, can launch after short walk through woods to muddy beach, no ramp and no parking. Very scenic
site where Cazenovia Creek joins Buffalo River. Developed as a habitat restoration project by Erie County.
Harlem Road, DEC launch site, good parking lot, but must carry craft short distance to water. Located at uppermost
stretch of navigable portion of Buffalo River.
There are preliminary plans being developed for new waterfront parkland in the vicinity of the Valley Community Center.
These plans will include a bike path /walking trail to complement the Riverwalk along the Niagara River and the proposed
trail to the outer harbor.
The recently approved settlement with the New York State Power Authority will provide funding for greenway
improvement projects. The first of the funding will become available in 2007.
We would be pleased to forward a new small boat launch project to the Greenway Commission if a site were identified
and a suitable sponsor was found. I suggest that Mr. Herbert undertake a project to identify possible sites that will provide
both a location for a safe launch ramp and sufficient parking
for cars and trailers.
REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT
NO. 53
71 AND 73 LOUISIANA
#50 CCP JUNE 27, 2006
RMT #S 827, 859, 963
1 am writing in response to your letter to me and the Buffalo Common Council regarding 71 and 73 Louisiana Street.
Please be advised that 73 Louisiana Street has been bid for demolition. I expect that it will be down this month or early
next month.
The property at 71 Louisiana has been ordered demolished by Housing Court. It is being inspected for asbestos and
should be included in the next bulk demolition bid.
Thank you for writing and I look forward to working with you on the other properties that need this treatment.
REFERRED TO THE COMMITTEE ON LEGISLATION,
NO. 54
RESTAURANT DANCE CLASS IV
199 DELWARE (ELLICOTT)
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that 1 have examined the attached
application for a Restaurant Dance Class 1 V License located at 199 Delaware and Fred that as to form is correct. I have
caused an investigation into the premises for which said application for a Restaurant Dance Class 1 V license is being
sought and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I Fred it
complies with all regulations and other applicable laws. I have caused an investigation by the Police Department into the
moral character of Christopher Wahl. The attached thereto for Christopher Wahl d /b /a Club W Inc. This request is
submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 55
SECOND HAND DEALER
3079 BAILEY (UNIVERSITY)
Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached
application for a Second Hand Dealer License located at 3079 Bailey and find that as to form is correct. I have caused an
investigation into the premises for which said application for a second hand dealer license is being sought and according
to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all
regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of
Charles Smithgall. The attached thereto for Charles Smitbgall d /b /a SEI /Aarons. This request is submitled for your
approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 56
SECOND HAND DEALER
Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached
application for a Second Hand Dealer License located at 1021 Broadway and find that as to form is correct. I have caused
an investigation into the premises for which said application for a second hand dealer license is being sought and
according to the attached reports frmn 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 Charles Smithgall. The attached thereto for Charles Smithgall d /b /a SEI /Aarons. This request is submitted for
your approval or whatever action you deem appropriate.
Mr. Bonifacio moved:
That the above communication from the Department of Economic Development Permit and Inspections Services dated
August 15, 2006 be received and filed; and
That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections
Services be, and he hereby is authorized to grant a Second Hand Dealer license to Charles Smithgall, d /b /a SEI /Aarons
located at 1021 Broadway.
PASSED
AYES - 9 NOES -0
NO. 57
SECOND HAND DEALER
100 GRANT ST (NIAGARA)
Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached
application for a Second Hand Dealer License located at 100 Grant St and find that as to form is correct. I have caused an
investigation into the premises for which said application for a second hand dealer license is being sought and according
to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all
regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of
Charles Smithgall. The attached thereto for Charles Smithgall d /b /a SEI /Aarons . This request is submitted for your
approval or whatever action you deem appropriate.
Mr. Bonifacio moved:
That the above communication from the Department of Economic Development Permit and Inspections Services dated
August 22, 2006 be received and filed; and
That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections
Services be, and he hereby is authorized to grant a Second Hand Dealer license to Charles Smithgall, d /b /a SEI /Aarons
located at 100 Grant Street.
PASSED
AYES - 9 NOES -0
NO. 58
SECOND HAND DEALER
1384 MAIN (EILICOTT)
Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached
application for a Second Hand Dealer License located at 1384 Main and find that as to form is correct. I have caused an
investigation into the premises for which said application for a second hand dealer license is being sought and according
to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all
regulations and other applicable laws. 1 have caused an investigation by the Police Department into the moral character
of Charles Smithgall. The attached thereto for Charles Smithgall d /b /a SEI /Aarons. This request is submitted for your
approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 59
SECOND HAND DEALER
776 TONAWANDA (NORTH)
Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached
application for a Second Hand Dealer License located at 776 Tonawanda and find that as to form is correct. I have
caused an investigation into the premises for which said application for a second hand dealer license is being sought and
according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with
all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral
character of Charles Smithgall. The attached thereto for Charles Smithgall d /b /a SEI /Aarons . This request is submitted for
your approval or whatever action you deem appropriate.
Mr. Bonifacio moved:
That the above communication from the Department of Economic Development Permit and Inspections Services dated
August 22, 2006 be received and filed; and
That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections
Services be, and he hereby is authorized to grant a Second Hand Dealer license to Charles Smithgall, d /b /a SEI /Aarons
located at 776 Tonawanda Street.
PASSED
AYES - 9 NOES -0
NO. 60
SECOND HAND DEALER
1484 HERTEL (DELAWARE)
Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached
application for a Second Hand Dealer License located at 1484 Hertel Ave. and Fred that as to form is correct. I have
caused an investigation into the premises for which said application for a second hand dealer license is being sought and
according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with
all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral
character of John Marfoglia. The attached thereto for John Marfoglia d /b /a John Marfoglia Antiques. This request is
submitted for your approval or whatever action you deem appropriate.
Mr. Bonifacio moved:
That the above communication from the Department of Economic Development Permit and Inspections Services dated
August 30, 2006 be received and filed; and
That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections
Services be, and he hereby is authorized to grant a Second Hand Dealer license to John Marfoglia, d /b /a John Marfoglia
Antiques located at 1484 Hertel Avenue.
PASSED
AYES - 9 NOES -0
NO. 61
R. TYLICKI -NFTA ROW NEAR STERIN (SIC) AVE.
ITEM NO. #86 C.C.P. JULY 25, 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 #86 C.C.P. July 25, 2006, R. Tylicki -NFTA ROW Near Sterin (sic) Ave.
You have forwarded this item to me that was submitted to the Common Council by Ray Tylicki. The item asserts that the
transfer of the NFTA right of way near Starin Ave was "illegally transferred to private developers." The City is not a party
to this transfer however, it is interested in transferring several other parcels that it owns to the east of the property referred
to in this communication. The City of Buffalo parcels are in or near this ROW.
I have been advised that a transportation corridor has been retained that can be used in the future as may be needed.
As a result, I have forwarded this item to the Corporation Counsel for an opinion indicating if there are any legal
restrictions that may impact the proposed transfer of City owned land in or near the N FTA ROW.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
01 [ow -*a
USED CAR DEALER
1811 N. 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 1811 N. 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
Bennie Candle The attached thereto for Bennie Candle d /b /a Ben's Tire Center Inc. This request is submitted for your
approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 63
CERTIFICATE OF APPOINTMENT
Appointment Effective August 28, 2006 in the Department of Economic Development Permit & Inspection Services
Division of Fuel Service to the Position of Combustion Inspector Permanent Appointment Maximum Starting Salary of
$42,289
Mark Blake 158 Dundee St Buffalo, Ny 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE & URBAN
AFFAIRS
NO. 64
USE OF THE INNOVATIVE "SEGWAY HUMAN [: TRANSPORTER" BY THE CITY OF BUFFALO
RES #182 C.C.P. JULY 25, 2006
The Division of Parking Enforcement would be interested in 4 of these transporters but has concerns regarding:
Bad Weather use
Storage Attachments
How to secure hand held ticket writer?
Can they be driven on the sidewalk and /or street?
Can the battery hold a charge for an 8 hour shift?
The SEGWAY could save my department gas mileage by utilizing 4 units in warm weather.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 65
CERTIFICATE OF APPOINTMENT
Appointment effective August 7, 2006 in the Department of Administration and Finance & Urban and Affairs in the Division
of Parking Enforcement to the Position of Administrative Assistant, Permanent Appointment at the Maximum Salary of
$38,584
Geraldine M. Kaczmarz, 47 Seward Street, Buffalo 14206
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 66
CERTIFICATE OF APPOINTMENT
Appointment effective July 24, 2006 in the Department of Administration and Finance, Inventory and Stores to the Position
of
Laborer 11, Permanent Appointment at the fourth step of $26,832.00
Carmine Marinaccio, 279 Hastings, Buffalo, NY 14215
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF COMMUNITY SERVICES & RECREATIONAL
PROGRAMMING
NO. 67
CERTIFICATE OF APPOINTMENT
Appointment Effective July 31, 2006 in the Department of Community Services, Division of Recreational Programming to
the Position of Director of Recreation
Exempt Appointment at the flat starting salary of $60,443.00
Susan M. Gonzalez, 311 Lakefront Bird, Buffalo, 14202
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF HUMAN RESOURCES
NO. 68
AMENDING THE TEXT AND APPENDICES OF THE RULES FOR THE CLASSIFIED CIVIL SERVICE
A public hearing will be held on September 20, 2006 at 10:00 a.m. in Room 1007 City Hall to amend the text and
appendices of the Rules for the Classified Civil Service.
Enclosed are the following documents pertaining to the hearing:
• A list of the resolutions of the public heating
• The Text of the Unofficial 2006 revised rules
• A copy of the public hearing notice appearing in the Buffalo News on August 15 -17, 2006.
Although two (2) previous pubic hearings were held to amend the text and appendices, the previous Mayor did not sign
the resolutions. Any objections, comments or other information pertaining to the Unofficial 2006 revised rules must be
submitted.
The revised text of the rules and amendments to the appendices will be submitted to the New York State Civil Service
Commission.
PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City of Buffalo, Commissioner of Human Resources will hold a
public hearing pursuant to Section 20 of the Civil Service Law for the purpose of amending the text and appendices of the
Civil Service Rules for the Classified Service for the City of Buffalo. The public hearing will be on September 20, 2006 and
will commence at 10:00 a.m. in the Department of Human Resources, Room 1007 City Hall.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 69
CONTRACT FOR FIRE PROMOTIONAL EXAMS
Attached is a Contract with EB Jacobs for preparation and administration of Fire promotional exams for Fire Lieutenant,
Fire Captain, Battalion Chief; Division Fire Chief and Fire Engineer /Driver.
The City's use of examinations provided by NYS Civil Service for Fire titles has resulted in the City being sued in lengthy
and expensive litigation in several instances, including two lawsuits challenging the use of New York State exams for the
position of Fire Lieutenant. The Department of Human Resources has thus determined, with the advise of counsel, to use
the services of a professional test developer to improve the quality of the exam procedure and to limit the City's exposure
in future litigation for these titles.
This contract is a result of RFP selection process.
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 70
MEMORANDUM
RESIDENCE WAIVER FOR H. MCCARTHY GIPSON
In February 2006, H. McCarthy Gipson, Commissioner of Police, was granted a residency waiver for three months, which
was subsequently extended to six months.
Be advised that Commissioner Gipson has established residence at 23A Elk Terminal, Buffalo, NY 14204, and presented
proof of same
RECEIVED AND FILED
NO. 71
USE AND DISSEMINATION
AGREEMENT BETWEEN THE
DIVISION OF CRIMINAL JUSTICE
SERVICES AND THE CITY OF
BUFFALO DEPARTMENT OF
HUMAN RESOURCES
Attached for your Honorable Body's consideration is an updated Use and Dissemination Agreement between the Division
of Criminal Justice Services and the City of Buffalo Department of Human Resources. In conducting employee
background checks, the City of Buffalo Department of Human Resources must access criminal history and wanted and /or
missing persons data. Said data may be contained in the DCJS, the National Crime Information Center, as well as in other
state repository files available through the Interstate Identification Index.
This Agreement sets forth the policies and procedures as well as the terms of use that the City of Buffalo must adhere to
when accessing data contained within the above databases. Please be advised that any fees associated with conducting
the required search are paid by the applicant; not the City of Buffalo. I respectfully request that your Honorable Body
approve the attached updated Use and Dissemination Agreement.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Human Resources dated August 31, 2006, be received and
filed; and
That the Common Council approves the updated Use and Dissemination Agreement between the Division of Criminal
Justice Services and the City of Buffalo Department of Human Resources and authorizes the Commissioner of Human
Resources to execute the Agreement.
PASSED
AYES - 9 NOES -0
FROM THE BOARD OF EDUCATION
NO. 72
M. KEARNS, T BONNER- PROBLEMS WITH WATERFRONT SCHOOL
The following memo is in response to Mrs. Tiffany Bonner's concerns with Waterfront School. The Superintendent's
Office has thoroughly investigated Mrs. Bonner's complaint regarding the treatment of her son Anthony Bonner with Ms.
Gall Buch, principal of Waterfront.
Ms. Gall Buch conducted an internal investigation with staff, teachers and students; nothing was founded to support the
parent's claims of injury to her son's head. Ms. Buch interviewed Anthony Bonner. He could not recall what had happened
to his head.
Ms. Bush advised me that Anthony is always supervised by teachers and staff.
The Superintendent's Office has on a consistent basis responded to Mrs. Bouner's concerns. If you have any further
concerns, please contact me at 816 -3007.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
FROM THE CITY CLERK
NO. 73
LIQUOR LICENSE APPLICATIONS
Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage
Control Board.
Address
Business Name
Owner's Name
75 Rodney
Irene Y Melson
Irene Y Melson
1122 Hertel Ave
Michelle M Farruggia
Michelle M Farruggia
622 Main St
Peter E Goretti
Peter E Goretti
236 Delaware Ave
Amedeo E Meriani
Amedeo E Meriani
1264 Hertel Ave
Filippos Ristorante
Maro Group Inc
RECEIVED AND FILED
NO. 74
LEAVES OF ABSENCE WITHOUT PAY
I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various
departments as listed:
X Police- Donna Donavan, Kevin Cannon, Alpha Collins, Robert Delaney, Shellie Maraschiello, Karla Rainville
X Fire- James Otwell
X Administration, Finance & Urban Affairs- Amy Frankel
RECEIVED AND FILED.
NO. 76
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
I transmit herewith appointments to the position of Council Intern.
Mr. Bonifacio moved the approval of the appointments to the position of Council Intern.
ADOPTED.
CERTIFICATE OF APPOINTMENT
Appointment Effective: August 3, 2006 in the Department of Common Council Division of Lovejoy to the Position of
Intern V, Seasonal, Non Competitive at the Flat Starting Salary of $8.00 /hr
Nick Dondajewski, 331 Cable Street, Buffalo 14206
CERTIFICATE OF APPOINTMENT
Appointment Effective: July 24, 2006 in the Department of Common Council Division of University District
to the Position of Intern V SEASONAL, NON - COMPETITIVE at the flat Starting Salary of: $8.00 /hr
Cecil H. People, 25 W. Utica Street, Buffalo, NY 14209
NO. 76
APPOINTMENTS - MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT
I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs.
ADOPTED.
CERTIFICATE OF APPOINTMENT
Appointment Effective: July 10, 2006 in the Department of Community Services and Recreational Programming Division
of Division for Youth to the Position of Intern III, Seasonal Unclassified at the flat starting salary of $8.15/hr
Jessica Trusso, 738 Auburn Ave., Buffalo 14222
CERTIFICATE OF APPOINTMENT
Appointment Effective: July 17, 2006 in the Department of Community Services and Recreational Programming Division
Youth to the position of Intern II, Seasonal Unclassified at the flat starting salary of $6.75/hr
Curtis Brown, 103 Rebecca Park, Buffalo, NY 14207
Curtis Fisher, 11 Traymore, Buffalo, NY 14215
CERTIFICATE OF APPOINTMENT
Appointment Effective: July 10, 2006 in the Department of Community Services and Recreational Programming Division
Youth to the position of Intern II, Seasonal Unclassified at the flat starting salary of $6.75/hr
Cordero McCarter, 35 Foreman St., Buffalo 14211
Andrew Mycek, 58 Rosemary, Buffalo, NY 14216
NO. 77
NOTICES OF APPOINTMENTS - SEASONAL /FLAT
I transmit herewith certificates received by me, reporting seasonal and fiat salary appointments made in various
departments.
RECEIVED AND FILED.
CERTIFICATE OF APPOINTMENT
Appointment Effective: August 8, 2006 in the Department of Community Services Division of Senior Services
to the Position of Senior Citizen Aide SEASONAL, NON - COMPETITIVE at the flat Starting Salary of $8.15 Hour
Robert Williams, 1279 Michigan Ave., Buffalo, New York 14209
CERTIFICATE OF APPOINTMENT
Appointment Effective: August 1, 2006 in the Department of Community Services
Division of Senior Services to the Position of Senior Citizen Aide SEASONAL, NON - COMPETITIVE
At the flat Starting Salary of: $8.15 per hour
Elizabeth Pieri, 30 Eugene Avenue, Buffalo, New York 14216
CERTIFICATE OF APPOINTMENT
Appointment Effective: July 21, 2006 in the Department of Public Works, Parks and Streets
Division of Engineering to the Position of Bridge Operating Engineer SEASONAL, NON - COMPETITIVE
At the flat Starting Salary of: $10.25 per hour
Robert A Kreutinger, 50 Homer Avenue Buffalo, NY 14216
CERTIFICATE OF APPOINTMENT
Appointment Effective: August 16, 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 per hour
Joseph Winkelsas, 213 Virgil Avenue, Buffalo, NY 14216
CERTIFICATE OF APPOINTMENT
Appointment Effective: August 7, 2006 in the Department of Public Works, Parks and Streets
Division of Engineering to the Position of Laborer II, SEASONAL, NON - COMPETITIVE
At the flat Starting Salary of: $8.15 per hour
Jeremy B. Oshirak, 205 Potomac Avenue, Buffalo, New York 14213
CERTIFICATE OF APPOINTMENT
Appointment Effective: August 14, 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 per hour
Maurice Howie Sr., 246 Madison Street, Buffalo, NY 14206
CERTIFICATE OF APPOINTMENT
Appointment Effective: August 1, 2006 in the Department of Public Works, Parks and Streets
Division of Buildings to the Position of Laborer II, SEASONAL, NON - COMPETITIVE
At the flat Starting Salary of: $8.15 per hour
Jonathan S. Bolden, 154 Humber Avenue, Nuffalo, NY 14215
CERTIFICATE OF APPOINTMENT
Appointment Effective: July 26, 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 per hour
Colin D. Hartman, 169 Como Avenue, Buffalo, New York 14220
CERTIFICATE OF APPOINTMENT
Appointment Effective: July 31, 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 per hour
Mark A. Czerniejewski Jr., 108 Peter Street, Buffalo, New York, 14207
CERTIFICATE OF APPOINTMENT
Appointment Effective: August 7, 2006 in the Department of Strategic Planning
Division of Real Estate to the Position of Laborer II, SEASONAL APPOINTMENT
At the FLAT Starting Salary of $8.15 per hour
Michael V. Steffan, 137 Saranac, Buffalo, New York 14216
CERTIFICATE OF APPOINTMENT
Appointment Effective: July 24, 2006 in the Department of Strategic Planning
Division of Real Estate to the Position of Laborer II SEASONAL APPOINTMENT at the flat
Starting Salary of: $8.15 per hour
Kerwin Boswell, 539 Sherman, Buffalo, New York 14211
NO. 78
APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT
I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or
Permanent) (as per contract requirements).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
CERTIFICATE OF APPOINTMENT
Appointment effective July 31, 2006 in the Department of Community Services, Division of Contract Administration to the
position of Contract Compliance Monitor, Permanent Appointment at the minimum Salary of $38,358
Betty Jean Grant, 100 Parkridge Avenue, Buffalo, 14216
CERTIFICATE OF APPOINTMENT
Appointment Effective: July 25, 2006 in the Department of Community Services
Division of Senior Services to the Position of Van Driver, Permanent, Non Competitive at the minimum starting salary of
$22,301
Joseph Provenzano, 18 Seabrook Street, Buffalo, New York 14207
CERTIFICATE OF APPOINTMENT
Appointment Effective: August 30, 2006 in the Department of Law Division of Law
to the Position of Assistant Corporation Counsel 11, Temporary, Non Competitive at the minimum Starting Salary of
$55,756.00
Timothy A. Ball, 184 Norwalk Avenue, Buffalo, New York 14216
CERTIFICATE OF APPOINTMENT
Appointment Effective August 28, 2006 in the Department of Public Works, Parks and Streets, Division of Water to the
position of Meter Reader, Provisional Appointment at the minimum Starting Salary of $26,562.00
Davis Wellenzohn, 310 Eden Street, Buffalo, New York 14220
CERTIFICATE OF APPOINTMENT
Appointment Effective August 21, 2006 in the Department of Public Works, Parks and Streets, Division of Water to the
position of Meter Reader, Provisional Appointment at the minimum Starting Salary of $26,562.00
Kevin Cannon, 186 Goethe Street, Buffalo, NY 14206
CERTIFICATE OF APPOINTMENT
Appointment Effective July 31, 2006 in the Department of Public Works, Parks and Streets, Division of Buildings to the
position of Senior First Class Stationary Engineer, Temporary Appointment at the Flat Starting Salary of $10.25/hr
Richard M. Veroba, 24 Lester Street, Buffalo, 14210
NO. 79
APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT
I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or
Permanent) (as per contract requirements)
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
CERTIFICATE OF APPOINTMENT
Appointment Effective: in the Department of Public Works, Division of Streets to the Position of
Truck Driver, Provisional Appointment at the minimum Starting Salary of $27,646
Roderick Salter, 321 Hastings Ave, Buffalo, NY 14215
NON - OFFICIAL COMMUNICATIONS
NO. 80
LETTER FROM NYS ASSEMBLY MEMBER SAM HOYT TO U.S. HOMELAND SECURITY
SECRETARY MICHAEL CHERTOFF SHARED BORDER MANAGEMENT PEACE BRIDGE
Dear Mr. Chwalinski:
Please file this letter from NYS Assembly Member Sam Hoyt to U.S. Homeland Security Secretary Michael Chertoff at the
next meeting of the Buffalo Common Council on Tuesday, September 5, 2006.
Thank you for your cooperation.
Dominic J. Bonifa —io, Jr.
Majority Leader
Niagara District Councilmember
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 81
LPCIMINELLI
MEMORANDUM
BOARD PACKET DOCUMENTS- 8/7/06
Attached are the following documents from the August 7, 2006 Joint Schools Construction
1. Draft Agenda
2. Meeting Minutes from JSCB Meeting dated July 10, 2006
3. Fully executed Phase II Application and Certificate for Payment No. 21 - June 2006
4. Phase II Application and Certificate for Payment No. 22 - July 2006
5. Program Packaging and Development Services (PPDS) Provider Update
6. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1
Phase II Project -June 2006
7. Summary of Career Path Meeting of June 1, 2006
RECEIVED AND FILED
NO. 82
NORTH PEARL STREET BLOCK CLUB,
Please file the attached item for further discussion at the next Common Council session to be held September 5,2006.
Copies of the petitions can be found in the City Clerks office for review if necessary. Thank you in advance for your
assistance in this matter.
Sincerely,
Brian C. Davis
Ellicott District Councilmember
Dear Councilman Davis:
We have been having some major issues this summer with some Allen Street businesses, i.e., Cathode Ray (26 Allen
Street), Q (44 Allen Street) and Adonias (20 Allen Street). All 3 of these buildings are owned by the same two individuals
who actually also own and operate Cathode Ray. The other two bars are leased from the owners.
Years ago this Block Club succeeded in getting Cathode Ray's (26 Allen Street) permit for an outdoor patio turned down.
We knew at the time that they were not going to serve food on the patio and it would be used strictly for drinking. For the
residents on the block this seemed especially annoying as the patio was going to be located on North Pearl Street instead
of Allen Street, the commercial side of the business. While driving around the city, we have noticed that there are no other
"bar" patios placed on residential streets. They have all been on the commercial side of the establishments. We are
interested in finding out how the owners have increased the size of their patio every year and this year were able to put a
larger awning over it. This awning is attached to the building and the patrons are using it as a smoking patio. It is our
understanding that if the awning is attached, it is illegal to smoke under it. Also they owners this year put their flower
boxes on the outside of the patio, thus enlarging it further. In previous years, the flower boxes were on the inside of the
patio. Furthermore, the patio is used daily until 4:00 a.m. The noise from this patio is keeping residents on North Pearl
Street awake most nights. Although there have been many 911 calls about the noise level, this is a low priority call and is
seldom taken care of. When residents have approached the owners about the noise, they have done nothing about it.
Adonias, 20 Allen Street, has a backyard patio that also faces North Pearl
Street. The noise from this bar is as bad if not worse than the noise from Cathode Ray. Adonis has loud music at night
inside the bar but leaves their back doors open so that it spills out on the patio. This on top of the patrons screaming is
intolerable. There is also an echo effect which bounces off the parking lot which enters from North Pearl.
Q, 44 Allen Street, was fought against two years ago for a backyard patio and again we won. At that time they were told to
reapply with proper plans and have not. The building at 46 Allen Street is vacant and Q has taken it upon themselves to
remove the fence that was between the two properties to enclose a side patio (without a permit). They are also using the
front of this building as a parking area for their patrons. We have recently found out that 46 Allen Street if up for sale. A
prospective buyer will not be interested with their driveway used and their side easement being used as a patio. The
patrons of this bar have been seen by residents of North Pearl using the front steps of 46 Allen to do drugs. They have
also been seen littering and doing drugs in the back yards of homes on North Pearl near the comer of Allen.
As homeowners on this block, we are very concerned about the decay of our quality of life that these three bars are
providing us. We have shown a lot of improvement in our block in the past number of years, collectively residents have
spent approximately $1,000,000 in refurbishing these homes, and are saddened by the issues that are being thrown at us.
We would like to see some changes in the legal issues of these concerns: 1) Bar patio permits should be renewed every
year and residents near the establishments should be made aware of the permit hearings. 2) Residential streets should
not be used for patios for such establishments, including backyards of those establishments that face the residential
street. 3) Any patio that is within 500 feet era residence should be closed at 11:00 p.m. or earlier and be under the same
noise ordinances as everyone else.
Thank you for your time and I look forward to your reply to this matter.
Sincerely,
REFERRED TO THE COIMMITTEE ON LEGISLATION, THE COMMISSIONER OF EDPI AND THE CORPORATION
COUNSEL
NO. 83
130 MORTIMER STREET
Dear Mr. Chwalinski,
Please file the attached item for further discussion at the next Common Council session to be held September 5, 2006.
Thank you in advance for your assistance in this matter.
Sincerely,
Brian C. Davis
Ellicott District Councilmember
REFERRED TO THE CITY CLERK, THE COMMISSIONER OF PUBLIC WORKS AND THE DIRECTOR OF CITIZEN
SERVICES
NO. 84
WEST SIDE MARKET 255 CAROLINA STREET
Dear Mr. Chwalinski,
(b)
Please file the attached item for further discussion at the next Common Council session to be held September 5,2006.
Copies of the petitions can be found in the City Clerks office for review if necessary. Thank you in advance for your
assistance in this matter.
Sincerely,
Brian C. Davis
Ellicott District Councilmember
REFERRED TO THE COMMITTEE ON LEGISLATION, AND THE COMMISSIONER OD EDPI
NO. 85
AUGUST 31, 2006
BUFFALO OF SCIENCE CHARTER SCHOOL
ACADEMY
Dear Mr. Chwalinski,
Please file the attached item for further discussion at the next Common Council session to be held September 5,2006.
Thank you in advance for your assistance in this matter.
Sincerely,
Dear Mr. Giambra,
Buffalo Academy of Science Charter School will be located at 190 Franklin St. at the building formerly known as the
"YWCA Building ".
We would like to have the parking meters removed and replaced with "no parking" signs as we will have school busses
unload students on Franklin St. in front of the building starting September 5, 2006. The school buses will be bringing
students starting at 7:40AM and will continue bringing students throughout the day for physical education classes. The
students will be picked up by 3:30PM the latest.
Please let us know if you need any further information.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND
STREETS
NO. 86
GENERAL MUNICIPAL LAW 239 -M REFERRAL FOR CASINO RELATED ACTIONS
On behalf of the County of Erie we appreciate the Common Council of the City of Buffalo forwarding an Environmental
Assessment Form for our review pursuant to Section 239 -m of the General Municipal Law concerning the City's permits,
funding, and approval actions to serve the Seneca Gaming Corporation's (or some other undisclosed entity's) desire to
build a casino and parking ramp with ancillary structures and uses which may or may not include retail shopping,
restaurants, hotels, office space, and other activities.
The intent of the 239 -m review is to bring pertinent inter - community and county -wide planning, zoning, site plan, and
subdivision considerations to the attention of neighboring municipalities and agencies having jurisdiction. Such review
may include inter - community and
county -wide considerations in respect to the following:
(a) compatibility of various land uses with one another;
EDWARD A. RATH COUNTY OFFICE BUILDING • 95 FRANKLIN STREET • BUFFALO, NEW YORK 14202 -3973 • (716)
858 -8390 • FAX: (716) 868 -7248 • www.erie.gov
traffic generating characteristics of various land uses in relation to the effect of such traffic on other land uses and to the
adequacy of existing and proposed thoroughfare facilities;
(c) impact of proposed land uses on existing and proposed county or state institutional or other uses;
(d) protection of community character as regards predominant land uses, population density, and the relation between
residential and nonresidential areas;
(£) community facilities;
(g) official municipal and county developmental policies, as may be expressed through comprehensive plans, capital
programs or regulatory measures; and
(h) such other matters as may relate to the public convenience, to governmental efficiency, and to the achieving and
maintaining of a satisfactory community environment.
In order to commence the review the referring agency was required to provide:
"aII materials required by and submitted to the referring body as an application on a proposed action, including a
completed environmental assessment form and all other materials required by such referring body in order to make
its determination of significance pursuant to the state environmental quality review act under article eight of the
environmental conservation law and its implementing regulations...."
See General Municipal Law Section 239 -m(1 )(c) (emphasis added)
The magnitude of the Casino project, and the significant change in allowable land usage being facilitated in immediate
proximity to major inter - municipal and inter - governmental capital projects and other State and County resources and
initiatives, requires careful evaluation of its potentially devastating impacts through a coordinated review prior to any
municipality taking any further action to facilitate the Casino project.
Unfortunately our mandatory review pursuant to Section 239 -m is frustrated and rendered impossible to complete
because we are not in receipt of the full statement of the proposed action so as to trigger a meaningful review. The 30 -day
comment period afforded the County does not begin until the record is complete.
The Environmental Assessment documents which were forwarded to us are facially, and substantively incomplete and
deficient. The implementing regulations to the State Environmental Quality Review Act provide that:
"a properly completed EAF must contain enough information to describe the proposed action, its location, its purpose, and
its potential impacts on the environment."
(6 NYCRR 617.2 (m))
Our initial review indicated that the EAF was incomplete on face. The document fails to describe the "owner" of the project
or provide an adequate project description containing the purposes of the action so that the potential impacts could be
evaluated. The ownership of the Project being facilitated, particularly where it may be an entity who will consider itself
exempt from all police powers, and other public health, safety and regulatory controls is a significant omission. If the City
is facilitating the development of land whose owner may claim that it is beyond future land use and other controls, laws,
rules and regulations, then the impacts of the City's approving, funding or permitting actions must be identified. Attempting
to separate the action from the purpose and effect of the action does not meet the minimum requirements of SEQRA.
The EAF itself attempts to rely on documents not provided to the County for its review as required by General Municipal
Law 239 -m (1)(c). In answer to the question, Vill a proposed action result in the generation of traffic significantly above
present levels ?" The applicant answers, "A traffic impact study regarding the action will be supplied ". The traffic
generating characteristics of the project are one of the fundamental subjects of the inter - governmental review (see Gen.
Mun. Law Section 239 -1 (2)(b)). However, the mandatory information to consider the impacts on the local land use
appears intentionally omitted. The EAF is completely devoid of any estimates of the number of visitors and workers
intended to be brought to the site on a daily basis, and an analysis of the infrastructure capacity in the area. The impact of
the increased traffic running over residential streets through a housing complex for low income persons is not even
identified.
Consistent with the failure to define the Project so as to render possible a meaningful review of the environmental impacts
of the Project is the absence of any reliable descriptions of the scale and mass of the buildings and structures to be built.
Professionally certified drawings, committed to by the Project owner as what will be built is needed before any reasonable
reliance may be made on the documents. Professional drawings are also required to assure basic code compliance so
that the lives of the public, and first responders are not placed at risk by the structures. The abstract sketches provided as
attachments to the LEAF do not lend themselves to a professional analysis of the likely impact on the environs of the host
communities.
Also critical to the 239 -m review is a commitment as to the future land usage being facilitated and /or allowed. Our first
duty is to review compatibility of various land uses with one another (see Gen. Mun. Law 239- 1(2)(a)). No government
should be permitting, approving, or funding actions which will lead to the development of incompatible land uses. We will
need reliable details of what will be built in order to discern the impacts on surrounding land usage.
Based upon the foregoing it is the determination of the County Department of Environment and Planning that we are not
in receipt of a full statement of the proposed actions so as to permit a meaningful review of the Project. Accordingly we
are rejecting the referral as incomplete. Upon submission of a complete statement with all required documentation we will
commence our review of the Project.
The preliminary comments submitted in this letter are made pursuant to General Municipal Law Section 239 -1(3) and
should in no way be construed as the completion of the review required under 239 -m for the Project which may have
significant and adverse impacts county -wide, and upon county and state projects and infrastructure..
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF EDPI AND THE CORPORATION
COUNSEL
NO. 87
COMMENTS ANIMAL SHELTER
Dear Mayor Brown:
Recently, Kelly McCartney and Officer Chuck Lovert responded to a telephone call I made to the city shelter regarding a
dog that had been kept on a short chain throughout the summer. After spending hours (often a continuous 24 hours)
without food and water the dog would begin to cry which brought him to the neighbor's attention. After repeated efforts to
educate the family by the city shelter, the dog continued to remain on the two foot chain in the back yard without shelter,
food or water. Finally, through the efforts of Ms. MCartney and Officer Lovert the dog was surrendered. The dog, whose
new name is Abner, now lives in a wonderful foster home where he is being pampered, petted, walked, fed (he was
approximately 30 Ibs under weight) and given shelter from the elements. This opportunity would have never become
available for Abner had it not been for the diligent interventions, assistance and compassion of Ms. McCartney and Officer
Lovert.
All too often we write about negative staff performance. I feel it is important that you know of the positive efforts of your
staff and I wish to thank them for all their efforts.
RECEIVED AND FILED
NO. 88
G. HOPKINSREQ DECREASE IN TAXI RATES
Dear Honorable Mayor Brown:
Please allow me to introduce myself my name is Gregory Hopkins, owner of Cold Spring Taxi Company in Buffalo, New
York.
Recently we attended the Buffalo Taxi Cab meeting in City Hall of Buffalo, and to our surprise the City of Buffalo taxi cab
committee went in front of the Common Council of Buffalo to petition that every taxi cab companies rates that are
governed by the city of buffalo and all rates in buffalo be advertised as the same rate for all companies and not allowing
any form of discount to low income or poverty stricken families that need transportation. The taxi cab industry has multiple
ways of retaining revenue one in particular is to have a general community customer base. The second way is to have
grants and federal funds such as Medicaid, VA Red Cross etc. We as Cold Spring have been proud to serve our
community since 1985. Since then we have become a strong leader in the taxi cab industry. The rates that we have
charged over the years has been what we feet is fair to a community without constantly taking from the community but
being able to give back.
The way that our company has given back to the community is by our drop rate of $1.80. When the gas prices began to
rise the other taxi companies petitioned the City of Buffalo to add $.50 to the $1.80 which brought the price up to $2.30
just to step into a cab. We at our company felt that that was not a beneficial resolution because of the elientele, so we left
our rates at $1.80. Since the $2.30 rate increase the other taxi cab companies petitioned the Common Council for an
additional five cent (.5) rate on the drop per 1/6 of a mile which at this present time is forty cents (.40) per 1/6 of a mile.
The $2.30 drop rate to enter the vehicle is not only one of the highest in the state, but also in the eountry. For these prices
to continue the community as a whole which does not have federally funded transportation or can not receive a discount is
suffering. In this time of eeonomic change where the revitalization of buffalo lingers between job loss and restructuring of
Buffalo the community base that we serve should not have to be subject to dictatorship of transportation company owner's
greed. We would kindly appreciate direction in this matter so that we would be able to have our rates accommodate our
cliental by either a multiple discount rate or by having the other companies bring their drop rate down to $1.80.
The greed of some taxi companies will dissolve the industry to a monopoly and price themselves out of business. We
don't feel that the business moves of other companies should dictate the future of our company. At this rate of change I
wonder what's next from our competitors, the permission to ask the common council for another raise.
Your time and consideration in this matter is greatly appreciated.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 89
STATUS REMEDIATION OF BUFFALO NIAGARA RIVERS
Thank you very much for meeting with us to discuss the status of the remediation of the Buffalo and Niagara Rivers, and
proposed redevelopment of the Outer Harbor.
We would very much like to accept your invitation to present information related to the City of Buffalo's waterfront at the
next Waterfront Development Committee meeting. Due to the volume of activities and depth of information to be covered,
may we suggest and /or request participation at multiple meetings?
Please include us on the agenda for the next meeting and we will be prepared to discuss a "Citizen's Vision for Outer
Harbor Re- Development" and the Niagara River Greenway.
We would be pleased to participate in future meetings to also discuss the following: o Buffalo River Environmental
Dredging of Contaminated
Sediments o Buffalo River Remedial Action Plan o Buffalo River Greenway o Brownfield Opportunity Area efforts o
Combined Sewer Overflows
If you need any more information from us prior to the meeting, please contact either Margaret Wooster or myself at the
Riverkeeper office at 852 -7483, or email us at either mwoosterO- riverkeeper.orq, jedlicka @bnriverkeeper.org.
REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT AND COMMISSIONER OF EDPI
NO. 90
POLICE PROCEDURES /NEED FOR REVIEW OF 911 CALLS
Dear Mr. Gajewski:
Since assuming the office of South District Council, I have conducted regular meetings with neighborhood block clubs,
community groups, and residents to review police issues. These meetings have focused on Quality of Life issues and the
responsibility of residents to assist police officers by reporting violations.
On the night of Sunday, August 27th, numerous residents of Arbor Lane called 911 to report problems at 15 Arbor Lane.
Buffalo Police officers were quickly dispatched to investigate the disturbance.
Out of coincidence, I personally witnessed District A Police Chief, James Shea and his officers' response to this call, and
can attest that all times proper roles of professional conduct were observed by officers at the scene.
Pursuant to this incident, District -A Community Police Officer Anthony Lebron called a meeting between District -A police
officials and concerned residents. At this meeting, the aforementioned incident was reviewed and the response of District -
A Police Officers was assessed. Although, numerous residents purport to have called 911 to report the incident at 15
Arbor Lane, Buffalo Police Department records show that only four calls were received. Residents in attendance at this
meeting were shocked and appalled that their emergency calls had gone unreported.
I firmly believe that a thorough investigation of this incident is in order, and that the City of Buffalo's current procedures for
handling 911 emergency calls need to be reviewed.
This letter is being filed with the Common Council, and you will be invited to appear before a Committee to discuss these
issues in greater detail
Please do not hesitate to call my office if you have questions, and I thank you for your attention to this matter
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE
NO. 91
SALE /DEVELOPMENT 117 & 120 FENTON STREET
Dear Councilman Fontana:
Perhaps you can help me as I assist my clients in an effort to move forward with the potential sale or development of their
land located at 117 and 120 Fenton Street in the City of Buffalo (see enclosed tax data). I believe you have dealt with one
of the owners, Dorothy Pasternak (Zembaty), on prior occasions.
These subject parcels are located at the dead end of Fenton Street between the end of the street and the Buffalo River.
The owners wish to purchase a paper street, which divides the two parcels (see enclosed tax map for reference). We
have dealt with John Hannon, Jr. and he stated it would be best to go through your office first.
As you can see by the maps, the acquisition of the paper street will better allow my clients to either sell off the existing
parcels or develop it themselves.
I look forward to a call from your office with some direction as to how we can formally approach the City to possibly
acquire this narrow strip of land. Thank you in advance for your attention in this matter.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF EDPI AND THE COMMISSIONER OF
PUBLIC WORKS, PARKS AND STREETS
NO. 92
QUESTIONS ASSISTING POLICE ETC IN COB
We the undersigned represent the Buffalo Special Police an entity of the City of Buffalo; please allow us to introduce you
to our organization. In 1927 a provision was included in the charter of the city of Buffalo to allow for the creation of a
special police force. In January of 2000 due to the charter review commission the Special Police were removed. After
gathering community support the common council reinstated in the Charter of the City of Buffalo on November 3 2004, by
unanimous vote (9 -0). We then deployed foot patrols on the streets of the City of Buffalo,: Amherst St., Babcock St.,
Bailey Ave., Broadway, Clinton St., Delavan Ave., Elmwood Ave., Fillmore Ave., Grant St., Jefferson Ave., Lovejoy St.,
Main St., Ontario St. and Tonawanda St. We also Patrol Cazenovia Park, MLK Park and Riverside Park. At the request of
Council members. We performed our duties with due diligence, rising to the task of keeping our community safe. At
approximately the end of 2005 we ceased street patrol due to a lack of insurance. This was the responsible action to take,
for both the city and the Buffalo Special Police.
During that 2 year period the Buffalo Special Police rank and file numbered 69 volunteers, including support staff. These
volunteers sacrificed their personal financial assets and time for the betterment and safety of the citizens and
neighborhoods of the City of Buffalo. All active patrol members of the Buffalo Special Police Graduated from Holland's
Academy and successfully completed 120 hours of training as a New York State Peace Officer pursuant to the Charter of
the City of Buffalo.
Two years have passed since we terminated street patrols, and in that time we have been patient attempting to work with
all parties involved to form a viable relationship that will benefit the citizens and neighborhoods of the City of Buffalo.
We are requesting that we be placed on the agenda of the Common Council to resolve questions we have concerning
participation in assisting the Buffalo Police Department and the citizens and neighborhoods of the City of Buffalo.
At this meeting we hope to identify and definitively determine the role of the Buffalo Special Police pursuant to the city
charter. We are requesting that the law department define the clauses of the charter and how they apply to the Buffalo
Special Police, and how the Buffalo Special Police can be deployed to assist with the safety of the citizens and
neighborhoods of the City of Buffalo.
We are also requesting that the appropriate city officials determine what resources could be allocated to our organization
that is an entity of the City of Buffalo and under the auspices of the Buffalo Police Department.
We are looking forward to working with Mayor Byron Brown's administration, to increase the quality of life for the citizens
and neighborhoods of the City of Buffalo.
Respectfully,
Chief Ernest J LaPlante
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 93
AUDIT OF THE CITY OF BUFFALO PARKS AGREEMENTS
Attached available for review in The City Clerk's Office
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND
STREETS
NO. 94
STOP UNILAND FROM BUILDING A HIGH RISE ON GATES CIRCLE PETITION
We, the undersigned citizens, voters and taxpayers &Buffalo, New York, adamantly oppose the construction of a high rise
building on Gates Circle.
Uniland Development Co proposes to build a high rise building on the site of the Park Lane Restaurant.
Gates circle is a monumental part of the historic landmark Frederick Law Olmstead Park and Parkway System.The size
and scale of a high rise building directly on Gates Circle would deliberately compromise the original vision and plan
&Frederick Law Olmstead. For years, the citizens of Buffalo have labored tirelessly to restore the Olmstead Parks and
Parkways to their original splendor. The efforts and financial commitment &these volunteers are unparalled. The addition
of a high rise building jammed into a small site bordering the Circle would seriously reduce the openess, light and air
surrounding the Circle. The ambiance, beauty and integrity of the original design would be destroyed. The already busy
traffic around Gates Circle would worsen. Numerous residences in adjacent buildings would lose their light, air and view.
If we do not protect our nationally recognized architectural heritage and pay greater attention to our history, we are
doomed to repeat the mistakes of the past.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 95
B. SNYDER -INFO CASINO
I am writing to each of you to set the record straight regarding our proposed agreement with the City to acquire Fulton
Street. Over the last few days, it has come to my attention from certain members of the Common Council that the Mayor
has not provided you with a final copy of the draft agreement we were prepared to execute. I have attached a copy of this
proposed final agreement with our August 1 letter to set the record straight as to what we were willing to offer the City for
Fulton Street and what we had thought the Mayor and his staff had agreed to on at least three separate occasions. See
Attachment A ( "Execution Version ").
At the outset, I want to affirm my belief that we had provided a legally binding agreement consistent with the deal that I
had reached with the Mayor. As I stated in my July 25 letter to the Mayor (copy attached as Attachment B), the
Execution Version of our agreement provides substantial benefits for the City. Among other things, the Execution Version
of our agreement included legally binding commitments on our part to:
invest at least $125 million in capital costs for the casino facility and parking ramp alone (with possibly up to hundreds of
millions more in capital investment to come for later phases and aspects of the project);
make up to $7 million in infrastructure improvements in the area surrounding our Buffalo Creek territory (improvements
that would have benefited the entire Waterfront area);
work with the City in Albany to ensure that the City was the recipient of all host municipality payments associated with the
Buffalo Creek facility (which by conservative estimates could reach as much as $100 million over the term of the
Compact);
purchase a two -block portion of Fulton Street for additional cash consideration of $631,000;
spend in excess of $1.7 million per year to market our facility and the City of Buffalo to visitors from outside the City and
the State of New York;
create 1,000 good paying jobs in the City, with an emphasis on minority and women hiring; and
work with the City and local job banks to maximize employment of City residents.
These benefits for the City were all set forth in the Execution Version of our agreement. Although we are not re- opening
negotiations at this late juncture, I am prepared to move forward with the Execution Version.
Since the announcement of the Mayor's rejection of the Execution Version of our agreement last week, the Mayor has
made much of his need to protect the City's interests with an "iron- clad" agreement that is legally binding. The truth is that
the parties had sent numerous drafts back and forth between June 28 and July 16, 1 negotiated the final outstanding
points with the Mayor on July 16, shook hands on it with him after a four hour meeting on that date going through each
paragraph of the draft with the Mayor, the Deputy Mayor and the City's corporate counsel, Alisa Lukasiewicz. With the
exception of certain modifications suggested during that breakfast meeting, the draft we reviewed paragraph by paragraph
with these three individuals is the Execution Version we have attached to this letter. Between July 16 and the draft sent by
the City on July 28 and the Mayor's public announcement on August 2, the City apparently had a change of heart, and
abruptly decided to re -open negotiations by back peddling on points already agreed to at our breakfast meeting and
raising new obligations never previously discussed, which when we stated we could not agree to the back peddling and
new covenants resulted in their refusal to close on our agreement in a public statement on August 2, 2006.
As justification for this radical shift in view, the City now wants to make much of a few "key" issues on which we were
supposedly unwilling to concede, principally: (1) an agreement by the Nation not to acquire more downtown Buffalo
property; (2) an agreement to hire 1,000 employees, including 33% minorities, 33% women and 50% local residents; and
(3) the legally binding nature of the document. In an effort to set the record straight, let me address each of these issues
in turn.
First, with respect to an agreement by the Nation not to acquire more downtown Buffalo property, in addition to the
previous letters and meetings we had already had with the Mayor on this subject, after which he declared himself fully
satisfied, we also agreed in our agreement that it was the Nation's intention not to take any additional land into restricted
fee for gaming purposes in Buffalo. This has been our position since the very
start of our negotiations. Indeed, it was one of the very first items on which we reached agreement with the City as
evidenced by the fact that the City's attorneys produced the very first draft of our proposed agreement and included our
commitment to our intentions in this regard in the Intentions section of that draft ( "City Draft of June 28 "). Although the
language has changed somewhat since the City June 28 Draft included this concept as an Intention, the Execution
Version retains exactly the same meaning and commitment. It is disingenuous at best for the Mayor now to suggest that
somehow he was not satisfied with this element of our agreement since it was his own lawyers who produced the draft
setting forth his agreement with us on this matter.
Second, with respect to the Nation's commitment to employ at least 1,000 employees, again, this was one of the very first
items on which we agreed with the City's negotiators. The City's June 28 Draft, which was the first draft setting forth our
agreements to that point, includes the Corporation's intention to employ 1,000 people in the casino in the Intentions
section of their draft, s For the Mayor now to argue that we had not reached a meeting of the minds on this point is
misleading and we need to set the record straight.
As to the issue of minority, women, and local hiring, again, the Mayor's current public position does not reflect our actual
negotiations on this point. It is true that the City's June 28 Draft did include binding commitments for policies intended to
achieve 25% minorities and 8% women. However, we explained to the City's negotiators that we understood that such
quotas could very likely violate federal law and that as a minority -owned business we are dedicated to minority hiring.
Indeed, our experience in our other properties strongly substantiates our previous success in this regard, with very high
percentages of minorities and women among our work force. Consequently, we asked that the City agree to work with us
on that point and move the commitment to the Intentions paragraph where it would capture our common goal, while
avoiding any legal problems that a contractual quota requirement might create. To ensure that there was some measure
of accountability to the City on this point and confirm our ongoing commitment to these goals, we agreed to a requirement
that we provide the City with an annual report on our employee workforce and to have an executive from the Corporation
attend an annual meeting with the City Common Council to present it. This public forum would have provided as much
See Attachment C, Letter of May 30, 2006 from SEGC to City of Buffalo.
2 See Attachment D, City draft of agreement dated June 28, 2006 ( "City June 28 Draft "), Section 8(c).
3 See Section 9(c) of Execution Version.
4 As we told the City's negotiators and the Mayor, the Seneca Corporations currently employ nearly 4,000 employees in
its various facilities. We are fully confident that the casino facility we envisioned in Buffalo alone will employ approximately
1,000 people, not to mention the additional jobs that would be created by new corporate headquarters as we previously
had planned. No corporation, however, would agree to a mandatory minimum number of employees in addition to its
commitment to invest $125 million in capital costs for a project. This would put us in a position of violating our agreement
with the City if we only employed 999 people on any given day, which is a ludicrous position to find ourselves. A facility of
this size will, by necessity, produce the number of jobs we have asserted. This is a simple economic reality which the
City's negotiators agreed with on June 28 as
evidenced by their own draft of the proposed agreement.
s See Section 8(a), City June 28 Draft.
6 The Mayor now maintains that the goal is 33% minority and women hiring, a number we have never seen since and
including the June 28 Draft.
leverage as the City might have ever needed if it felt we were not living up to our commitments in this regard. Recognizing
the legal and political reality behind this, the City agreed to our proposal on this point at our breakfast meeting on July 16,
2006.
As to the issue of local hiring, this was again a point of early agreement with the City's negotiators. We indicated to the
City early on that a substantial majority of our work force is comprised of residents from the Cities and Counties in which
our various facilities are located. This is a matter of practical business reality. We agreed from the outset that to ensure
that we provided Buffalo citizens with every opportunity possible to obtain employment at the new Buffalo facilities, we
would work with the local job banks and employment agencies the City felt were most effective in order to hold
appropriate job fairs and outreach events. From the outset, the City agreed that this was the way to satisfy their desire for
local hiring, again as evidenced by their own draft of June 28, 2006. That this provision was somehow no longer
adequate on August 2, 2006, is perplexing. Perhaps you can begin to understand why we have been so frustrated and
disheartened by the City's negotiators in this endeavor.
Finally, the Mayor and Mr. Tobe seem to imply in some of their comments that we were not providing them with a legally
binding, enforceable agreement. Again, I would simply point out that the Dispute Resolution provisions in the Execution
Version are essentially the same as those that the City provided to us in the City June 28 Draft. We agreed to this
proposal with only minor modifications and again assumed this issue was resolved. Not once during our discussions
thereafter were there any concerns raised as to the adequacy of these provisions, nor should there have been. We have
very similar provisions in the Compact, and in each of the major agreements we have reached with our major lenders and
other business partners. ! always assumed that if such provisions were acceptable for over $500 million in lending and
$750 million in construction and other contracts, and for the State of New York in the Compact, they would serve for this
agreement as well.
At this point, I still stand behind the agreement that we went through with the Mayor and his staff on July 16 over a four
hour meeting, which was agreed at that time as the conclusion of our lengthy negotiations. Our draft Execution Version of
the agreement represents the deal we finalized and agreed to in good faith on that day. I wrote this letter solely to set the
record straight so that the frustration and disappointment that I and my team feel by the way we were treated during this
process can be prevented in future discussions with other developers who are trying to bring economic development
projects to the City. To that end, if you so choose, I would be willing to have representatives of the Seneca Gaming
Corporation and the Nation attend a public meeting of the Common Council either later this week or next week for the sole
purpose of walking through the Execution Version of the agreement, explaining each provision in detail for the members
of the Common Council. My representatives will be prohibited from entering into any discussion of negotiating style or any
"he said /she said" rehash of our negotiations. The recent political rhetoric has not served the people of Buffalo well and I
think we should all rise above it.
Please let me know if you think this would be helpful and I would be happy to arrange it. I want to be crystal clear,
however, that we do not have the time or ability to re -open negotiations and revisit issues already agreed. Unfortunately,
after almost eight
7 See Section 7(d)(iii), City June 28 Draft.
8 Compare Section 9, City June 28 Draft with Section 10, Execution Version.
months of failed discussions with the City, we must now proceed with a temporary facility and an alternative permanent
facility for Buffalo Creek that we can build without Fulton Street. I simply want the truth to be told of what was in the
agreement we reached, one that I still believe contained very substantial benefits for the City of Buffalo.
REFERRED TO THE COMMITTEE ON GOMMUNITY DEVELOPMENT, THE MAYOR AND THE COMMISSIONER OF
EDPI
NO. 96
T. STINEMAN- PROBLEMS 78 BURGARD PLACE
Attention Gerald Chwalinski:
I am writing you that is troubling me, I live at 82 Burgard Place in Buffalo the property is own by myself and my wife. Know
there is a property next door to us 78 Burgard Place same city that has been vacant for over 2 years. My concern is there
are many problems with 78 Burgard, first there is been numerous break ins with in the past 2 years. The property has
been boarded up my myself and my neighbor since no thanks to the city. There is a trash furniture dump in the back of the
house this I feel is a fire hazard waiting to happen my property is very close. This is being used as a hung out for
teenagers on the porch and the back yard. The city boarded up after it was already taken care of on the lower part. The
police has been called on numerous times we have been told there is nothing that can be done. The property at 78 the
home owner is Ellen Sunley the bank that is listed for the home is Citicorp. I am very concern that if anything happens to
78 our home is very close I don't need nothing happen to our home. Myself and my wife have called number of times to
the mayors complaint line nothing is happen. The same thing keeps going on I have called and in contact to my
councilmen Dave Franczyk they are very aware of the situation. There is tracking complaint numbers as follow
32370/56890/66970. My home phone number is (716)896 -2868 The latest break in was this past Saturday 10:30 am my
wife heard bunging on pipes I call 911 they never arrived till 11:05 by that time the party was gone. The police told us the
rear basement window was broken they told us to keep calling the mayor complaint line. I would be very appreciated in
any help you can do for us. Thank you for your time.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF EDPI
NO. 97
CHAPTER 96 OF THE CODE OF THE CITY OF BUFFALO
We recently became aware that the City of Buffalo is now requiring that contractors submitting bids for city work are
required to have, in place, a New York State DOL Apprenticeship program for bids in excess of $100,000.00.
We have done work for the city in the past and would like to submit our apprenticeship program for your approval.
Our program is registered with the New York State Department of Labor in Region 5 with Diane Leahy and Region 7 with
Don Voorhees, the respective NYS program administrators.
I'm sure you will find everything in order but if you have questions you can contact me in our office at (315) 425 -7100 or
Diane Leahy at (315) 479 -3228 or Don Voorhees at (716) 851 -2737.
1 would appreciate a return response to assure we are approved to bid filture city work.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS PARKS AND
STREETS
NO. 98
ADELPHIA COMMUNICATIONS CORPORATION, ET AL
DEBTORS.
Chapter 11 Cases
Case No. 02 -41729 (REG)
Jointly Administered
NOTICE OF: (1) ENTRY OF ORDER CONFIRMING THIRD MODIFIED
FOURTH AMENDED JOINT PLAN OF REORGANIZATION UNDER
CHAPTER 11 OF THE BANKRUPTCY CODE FOR CENTURY -TCI DEBTORS AND PARNASSOS DEBTORS, AS
CONFIRMED, DATED AS OF JUNE 28,2006; (11) OCCURRENCE OF EFFECTIVE DATE; AND (111) DEADLINE FOR
FILING ADMINISTRATIVE CLAIMS AND CLAIMS ARISING FROM
THE REJECTION OF AN EXECUTORY CONTRACT OR UNEXPIRED LEASE
PLEASE TAKE NOTICE that on June 29, 2006, the United States Bankruptcy Court for the Southern District of New York
(the "Court ") entered an order, dated June 29, 2006 (the "Confirmation Order "), confirming the Third Modified Fourth
Amended Joint Plan of Reorganization Under Chapter 11 of the Bankruptcy Code for Century -TCI Debtors and Parnassos
Debtors (collectively, the "JV Debtors "), as Confirmed, dated as of June 28, 2006 (the "JV Plan "), proposed by the debtors
in the above - captioned cases. Capitalized terms used but not defined herein have the meanings given them in the JV
Plan.
PLEASE TAKE FURTHER NOTICE that the Confirmation Order and the JV Plan each are on file with the Clerk of the
Court, and may be examined by interested parties at the Office of the Clerk of the Court, United States Bankruptcy Court,
Southern District of New
JV Debtors under the JV Plan of an unexpired lease or executory contract must be filed with the Bankruptcy Court and
served upon counsel to the Debtors (Willkie Farr & Gallagher LLP, 787 Seventh Avenue, New York, New York 10019,
Attn: Shelley C. Chapman, Esq.) within 30 days after service of this notice. All such Claims not filed and served within
such time will be forever barred from assertion against the JV Debtors, the Affiliated Debtors, the Reorganized
Debtors, the Transferred Joint Venture Entities or such entities' properties.
New York, New York August 7, 2006
WILLKIE FARR & GALLAGHER LLP Attorneys for Debtors
787 Seventh Avenue
New York, New York 10019
(212) 728 -8000
RECEIVED AND FILED
PETITIONS
NO. 99
T. GOODSON, AGENT, USE 3223 BAILEY -USED CAR SALES, CAR REPAIR
(UNIV) (HRG. 9/12)
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL.
NO. 100
J. GOETZ, AGENT, USE 244 ALLEN (AKA 242,244, 246 ALLEN) -SIT IN RESTAURANT
(ELL) (HRG. 9/12)
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL.
NO. 101
M. SANDERS, AGENT, USE 224 ALLEN -SIT IN RESTAURANT /OUTDOOR PATIO
(ELL) (HRG. 9/12)
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL.
NO. 102
D. MIKA, AGENT, USE 1250 CLINTON- GROUND SIGN (FILLMORE)
(434 -0167)
The attached is for Common Council Approval; but per Permits, no public bearing is required.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE CORPORATION
COUNSEL.
NO. 103
D. MIKA, AGENT, USE 1437 CLINTON- GROUND SIGN (FILLMORE)
(PHONE #) (434 -0167)
The attached is for Common Council Approval; but per Permits, no public hearing is required.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE CORPORATION
COUNSEL.
NO. 104
D. MIKA, AGENT, USE 939 DELAWARE- GROUND SIGN (DEL)
(PHONE #) (434 -0167)
The attached is for Common Council Approval; but per Permits, no public hearing is required.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE CORPORATION
COUNSEL.
NO. 105
M. HERNANDEZ, AGENT, USE 549 NIAGARA ST.- SIDEWALK CAFE (ELL)
(PHONE #) (885 -2233)
The attached is for Common Council Approval; but per Permits, no public hearing is required.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE CORPORATION
COUNSEL.
NO. 106
M. WARD, AGENT, USE 2677 DELAWARE -LS —S— SIGN (DEL)
(PHONE #) (566 -3508)
The attached is for Common Council Approval; but per Permits, no public hearing is required.
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL.
(NO. 107
J. CAMACHO, AGENT, USE 3160 MAIN ST.- ENCLOSED OUTDOOR PATIO (UNIV)
(PHONE #) 390 -4620)
The attached is for Common Council Approval; but per Permits, no public hearing is required.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY PLANNING BOARD AND THE CORPORATION
COUNSEL.
NO. 108
A. THOMPSON -R. GARNETT & OTHERS
DEERFIELD & FERNHILL STOP SIGN REQUEST
Dear Mr. Chwalinski:
Please file the attached documents for the next Common Council Meeting for September 5, 2006.
Masten District Councilmember
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND
STREETS
NO. 109
G. GROBE & O -STOP INSTALLATION OF GAS METERS IN HISTORIC DISTRICT
The attached petition bearing more than 200 signatures has been circulated by the Allentown Association since May 25,
2006, to try to resolve the stalemate with National Fuel Gas Corp. over placement of outside gas meters in historic
preservation districts.
The Allentown Association and the city Preservation Board have been working for six years to prevent and combat the
proliferation of meters in front of homes. At the request of Judge Henry J. Nowak of Buffalo City Court's Housing Section,
Association representatives tried to negotiate a compromise agreement with National Fuel Gas. The gas company
rejected our proposal that if it found it necessary to install meters in front of properties in preservation districts, the
company would pay for evergreen shrubbery to screen the meters.
It is our hope that public officials will take action to ensure that provisions of the law regarding exterior changes at historic
sites are respected and enforced.
PETITION
We the undersigned petition the City of Buffalo and other public entities of the State of New York to take immediate and
vigorous action to prevent installation of exterior gas meters in historic preservation districts, including but not limited to
Allentown and Hamlin Park historic preservation districts, and at any registered landmark without permission of the city
Preservation Board. The city code, under provisions of state law, authorizes the Preservation Board to approve or deny
proposals for such installations. If this provision appears in conflict with any regulation of any state commission, we seek
judicial or legislative action to establish the preeminence of the authority of the Preservation Board under the law.
Petition available in Clerk's Office.
REFERRED TO THE COMMITTEE ON LEGISLATION.
RESOLUTIONS
NO. 110
BURCHFIELD - PENNEY ART CENTER PROJECT
Sponsor: Mr. Bonifacio
Whereas, A new 75,000 square foot Burchfield Penny Art Center occupying 4.9 acres is being constructed at the corner of
Elmwood Avenue and Rockwell Road; and
Whereas, The two -story building, is scheduled to be completed in spring of 2008, and will have a major presence on
Elmwood Avenue in the heart of Buffalo's Museum District; and
Whereas, The Art Center is being constructed on land originally owned by the City of Buffalo that was transferred to the
State of New York in the 1870's; and
Whereas, The original deed from the City states that the property shall only be used for an Insane Asylum and provides
the City with reversionary rights in the event the land stops being used as an Insane Asylum; and
Whereas, In order for this important project to proceed it is necessary to address the reversionary right held by the City;
and
Now Therefore Be It Resolved:
That the Common Council hereby directs the Department of Real Estate and the Corporation Counsel to prepare and file
with the Common Council, the necessary legal documents to release the reversionary right held by the City of Buffalo in
the land where the Burchfield- Penney Art
Center is being constructed.
REFERRED TO THE COMMMITTEE ON COMMUNITY DEVELOPMENT, COMMISSIONER OF ECONOMIC
DEVELOPMENT, PERMITS & INSPECTIONS, CORPORATION COUNSEL.
NO. 111
By: Mr. Bonifacio
ORDINANCE AMENDMENT
CHAPTER 168, ENVIRONMENTAL REVIEW
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 168 of the Code of the City of Buffalo be amended to read as follows:
§ 168 -7. Establishment of lead agency.
A. Automatic designation of lead agency. For Type I and Unlisted actions directly undertaken by the city or Type I and
Unlisted actions requiring permits or approval when more than one city agency is involved, the lead agency shall
automatically be:
(1) The City of Buffalo Planning Board for the following actions [except as provided for in Subsection A(7) of this
section]:
(a) Subdivision developments.
(b) Site plan review.
(c) Landfills.
(d) Transit station site plan review.
(2) The City of Buffalo Common Council for the following actions [except as provided for in Subsection A(7) of this
section]:
(a) Adoption of, and amendments to, the Charter and Code of the city.
(b) Establishment of, and amendments to, urban renewal plans.
(c) Establishment of, and amendments to, City Master Plans.
(d) Actions undertaken wholly or partially within, or contiguous to, Coastal Special Review Districts (as per Chapter 511 of
the Code of the City).
(e) Amendment or change in land use and development of ordinances and regulations.
(f) Planned developments.
(g) Cluster developments.
(h) Official Street Map amendments.
(i) Purchase, sale oar lease of city -owned property.
(3) The Buffalo Preservation Board for the following actions [except as provided for in Subsection A(7) of this section ]:
(a) Actions occurring only within locally designated historic districts, or affecting individual local landmarks and sites,
which require a certificate of appropriateness, or other approval as per Chapter 337, and which involve any of the
following:
[1 ] The exterior restoration, renovation or reconstruction of buildings.
[2] The construction of exterior building additions.
[3] Exterior building demolitions.
[4] Construction of new buildings, structures or other facilities and site
improvements.
(4) The Department of Community Development for the following actions [except as provided for in Subsection A(7) of
this section]:
(a) Issuance of building and demolition permits [except as provided for in Subsection A(3) of this section].
(b) Issuance of licenses.
(c) Capital budget actions undertaken, or requiring approval, by the Department of Community Development.
(5) The Department of Public Works for the following actions [except as provided in Subsection A(3) and (7) of this
section]:
(a) Construction of city -owned buildings and facilities.
(b) Renovation, restoration, rehabilitation, alterations of city -owned buildings, facilities and other property.
(c) Renovation and expansion of existing or installation of new streetlights, water lines and street furniture.
(d) Construction or reconstruction of roads, curbs and sidewalks.
(e) Construction, rehabilitation or expansion of parks and park facilities.
(f) Actions occurring within local historic districts or affecting local landmarks so designated under Chapter 337,
occurring wholly or partially within, or substantially contiguous to, any historic building, structure, district that is listed on or
nominated to the National Register of Historic Places or that is listed on the State Register of Historic Places, provided
that the Buffalo Preservation Board does not have jurisdiction under Chapter 337 and Subsection A(3) of this section.
(6) The Buffalo Municipal Housing Authority for the following actions:
(a) All public housing programs under Title I of the United States Housing Act of 1937 in accordance with Section 26 (42
U.S.C. § 1437x) (including mutual help programs).
(b) Assistance by the public housing agency under Section VIII of the United States Housing Act of 1937 except for
assistance under 24 CFR Part 886 as per Section 26 (42 U.S.C. § 1437x).
(7) The Buffalo Urban Renewal Agency for the following actions:
(a) Actions involving funding by the United States Department of Housing and Urban Development (HUD) [except as
provided for in Subsection A(6) of this section and except for HUD special purpose grants].
B. Where there is no automatic designation, or in the event of a conflict between or among those entities with rights to
automatic designation under this chapter or when multiple entities may claim automatic designation pursuant to this
chapter the procedures as set forth in 6 NYCRR 617.6(b) shall be followed.
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.
APPROVED AS TO FORM
Peter J. Savage
Assistant Corporation Counsel
NOTE: Matter underlined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 112
By: Mr. Davis
ORDINANCE AMENDMENT CHAPTER 372, BOUNCER LAW
The Common Council of the City of Buffalo does hereby ordain as follows:
That the Code of the City of Buffalo be amended to add a new Chapter 372 to read as follows:
§372 -1, Bouncer Registration
This Chapter shall be known and may be cited as the "Bouncer Law of 2006."
"Bouncer" means any employee whose principle duties are engaged in providing protection and /or security of any
premises wherein alcoholic beverages are sold for consumption on said premises: or a premises operated for profit or
pecuniary_gain or as a place of assembly where alcoholic beverages are provided by the operator of the premises.
"Principle Duties" means fifty percent (50 %) or more of an employee's duties on a work -
§372-2, Applicability and Prohibited Conduct
No person shall engage in providing protection and /or security of any premises wherein alcoholic beverages are sold for
consumption on said premises: or a premises operated for profit or pecuniary_gain or as a place of assembly where
alcoholic beverages are provided by the operator of the premises without obtaining and a valid Bouncer Registration Card
and displayin— a City of Buffalo issued identification badge as provided for under this Chapter.
In addition, no establishment shall employ a bouncer who does not obtain and display a valid Bouncer Registration Card
and badge as provided for under this Chapter. All establishments who employ bouncers within the meaning of this chapter
shall keep a daily /nightly log -book indicating and identifying all bouncers on duty each day or night.
§372 -3, Application and Requirements for a Bouncer Registration Card
Application for a Bouncer Registration Card shall be made to the City Clerk by the individual, in writing, duly sworn to,
upon forms to be furnished by the City Clerk, and shall show the individuals name, address, telephone number, the
business name(s) and addresses where the individual provides his or her services and any other information as may be
reasonably required b7 the City Clerk. The applicant shall be responsible for keeping all information provided on said
forms both accurate and current and updating this information as may be necessary and practical.
§372 -4, Background Investigation
All applications for a Bouncer Registrations shall be referred by the City Clerk to the Commissioner of Police, who shall
promptly cause an investigation to be made into the criminal background and moral character of the applicant. The
Commissioner of Police shall investigate and report such findings and make a recommendation to the City Clerk as to
whether or not approval and issuance of the Bouncer Registration Card is
recommended. If approval is not recommended, such report shall state the reasons therefor.
§372 -5, Issuance and Denial of a Registration Card
A. Upon receipt of a completed application and all necessary approvals, the City Clerk shall issue to each applicant a
Bouncer Registration Card and a Bouncer Identification Badge showing a picture of the individual and the number
assigned to such individual. The Bouncer Identification Badge shall be conspicuously displayed and worn by such
individual at all times when on duty. Such badge shall remain the property of the City of Buffalo and shall be surrendered
upon the expiration, suspension and /or revocation of the individual's registration.
B. In the event that the City Clerk denies the issuance of a Bouncer Registration Card such denial shall be in writing and
shall be provided to the applicant. No applicant shall be denied a registration card based on the background investigation
unless there is a direct relationship between one or more of the previous criminal Offenses and the specific license or
employment sought: or the issuance of the license or the granting of the employment would involve an unreasonable risk
to property or to the safety or welfare of specific individuals or the general public. (New York Correction Law Section 752)
and the City Clerk shall take into consideration the factors set forth New York Correction Law Section 753.
§372 -6, Expiration, Suspension and Revocation
A. All Bouncer Registrations shall expire annually on September 30 and shall be renewed on or before said expiration
date.
B. Any Bouncer Registration card issued under the Chapter may be suspended, revoked, or renewal thereof refused by
the City Clerk but only after sufficient notice to the holder of the Bouncer Registration Card and a hearing before the City
Clerk, his designee. The City Clerk may designate an Administrative Law Judge, who shall be an attorney admitted to
practice in the State of New York for at least three U years, to administer hearings held pursuant to this chapter. Said
Administrative Law Judge shall recommend to the City Clerk whether a Bouncer Registration card issued under the
Chapter should be revoked, suspended, or renewal thereof refused, after notice and hearing. The holder shall be entitled
to present evidence at this hearing as to why the Bouncer Registration Card should not be suspended, revoked, or
renewal thereof refused.
C. In determining whether a Bouncer Registration Card should be suspended, revoked, or renewal thereof refused, the
City Clerk may consider all relevant facts and circumstances including, but not limited to complaints received regarding
the bouncer, criminal incidents involving the bouncer, including police incident reports, arrest information and criminal
convictions and dispositions, violations of City ordinances including but not limited to failing to display the identification
badge while on duty, and other conduct which threatens the public health, safety, and welfare
D. Any individual whose registration card has been revoked, suspended, or renewal thereof refused may commence a
proceeding in accordance with Article 78 of the Civil Practice Laws and Rules.
§372 -7, Penalties
Any bouncer who fails to obtain a valid Bouncer Registration Card and /or display a valid bouncer identification card in
violation of this chapter may be fined and /or imprisoned in accordance with Buffalo Charter Section 1 -15, and Chapter 137
of the City Code, and said penalties shall be administered pursuant to same. Each day that a violation of this chapter
exists shall constitute a new and separate offense.
In addition, any establishment found to employ individuals in violation of this chapter shall be notified in writing by the City
Clerk of the alleged violation. The City Clerk may also notify the Department of Economic Development, Permit, and
Inspections Services of the alleged violation which may conduct its own hearing and review process in accordance with all
applicable provisions of the Charter and Code of the City of Buffalo to determine whether any licenses it may have issued
to the establishment should be revoked, suspended, or renewal thereof refused upon sufficient notice and hearing.
In instances where an establishment has been found to employ bouncers in violation of this chapter on three U or more
occasions, the City Clerk shall notify the Department of Economic Development, Permit, and Inspections Services of the
alleged violation which shall conduct its own hearing and review process in accordance with all applicable provisions of
the Charter and Code of the City of Buffalo to determine whether any licenses it may have issued to the establishment
should be revoked, suspended, or renewal thereof refused upon sufficient notice and hearing.
§372 -8, Exemptions
Any individual possessing a valid registration card authorized by the Department of State issued under the Security Guard
Act of 1992 may provide said valid registration card to the City Clerk and be exempted from the aforementioned
application process and entitled to a non - chargeable Bouncer Registration Card.
§372 -9, Separabilty
If any part of this Chapter shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such
iudgment shall not impair or invalidate the remainder of this Chapter
§372 -10, Registration Fee
The City of Buffalo may impose and collect a reasonable fee in commensurate with the issuance and enforcement of this
chapter. Said fee shall be adopted by the Common Council and be codified in Chapter 175 of the City Code.
APPROVED AS TO FORM
Peter J. Savage
Assistant Corporation Counsel
Note: Matter underline is new; matter in brackets to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 113
By: Mr. Davis
IN SUPPORT OF ROSWELL PARK CANCER INSTITUTE'S SMOKE -FREE CAMPUS
Whereas: Roswell Park Cancer Institute is an internationally renowned cancer treatment, research and education facility,
and is dedicated to the cure, management and prevention of all forms of cancer; and
Whereas: Roswell Park Cancer Institute is committed to achieving a healthier environment, and as part of their mission, a
public mandate to set an example by creating a completely smoke -free campus environment; and
Whereas: 440,000 Americans die from disease caused by tobacco use; and
Whereas: Tobacco use is a leading cause of death from heart disease, stroke and chronic obstructive pulmonary disease
(COPD); and
Whereas: Smoking of tobacco or any other weed or plant is the number one cause of preventable death within the United
States; and
Whereas: Secondhand smoke kills 53,000 American annually; and
Whereas: Roswell Park Cancer Institute believes that prohibiting smoking throughout the campus will also lower the risk
of fires across our campus; and
Whereas: In accordance with the above, Roswell Park Cancer Institute has instituted a completely smoke free campus as
of July 4, 2006; and
Now therefore be it resolved that:
I Brian C. Davis, Ellicott District Councilmember and the entire Common Council of the City of Buffalo recognizes Roswell
Park Cancer Institute as a community leader in providing a healthy environment for its staff, patients, visitors and guests.
Be it further resolved that:
In support and accordance with Roswell Park Cancer Institute's aforementioned commitment, let it be known that the
Common Council of the City of Buffalo decrees that henceforth the smoking of any tobacco substance is prohibited in all
public areas and rights of way, including streets and sidewalks, within 200 feet of all entrances of buildings of Roswell
Park Cancer Institute and on any property operated by Roswell Park Cancer Institute.
Be it further resolved that:
The security force at Roswell Park Cancer Institute is vested with the authority to enforce this policy.
ADOPTED.
NO. 114
By: Mr. Davis
SAMBA FEST ON JOHNSON PARK IN THE HISTORIC WEST VILLAGE
Whereas: The members of the Johnson Park Association (JPA) have endeavored to draw community interest into the
Lower West Side area of Buffalo, NY since August 2002, and
Whereas: During these efforts the JPA has pulled together a rich cultural mix from various organizations throughout the
Lower West Side, and
Whereas: Recognizing the historic significance of the green of Johnson Park as our city's first established park through
the efforts of Mayor Ebenezer Johnson, and that the Johnson Park Green, recognized as historic by the National Register
of Historic Places, is a featured site during "Samba Fest on Johnson Park 2006 ", mad
Whereas: The JPA wishes to partner with Folkloric Dance Productions to celebrate mid promote the activities of various
organizations from the Lower West Side including various youth activities from Holy Cross Church and Primevera United
Church, Americorps, Citizen Preparedness Centers, El Buen Amigo, focusing on African Crafts, Hispanic Cultures, drum
circles, dance, fitness, children's positive activities that promote affirmative views and efforts and arts and culture of the
area as well as unify this very diverse community.
Now, therefore be it resolved: That the City of Buffalo Common Council now commends the efforts of the Johnson Park
Association to promote the livability of the Lower West Side along with the partnership and efforts of surrounding civic
mad cultural organizations through the display of these organizations on the Johnson Park Green on Sunday, September
10, 2006 along with Folkloric Dance Productions in "Samba Fest on Johnson Park 2006 ", and
Be it further resolved: That, the Johnson Park Association has the support mad commendation of the City of Buffalo
Common Council to present these organizations in a positive light between the hours of 1:00 mad 5:00 pro, Sunday,
September 10, 2006 on the Johnson Park Green.
ADOPTED
NO. 115
By: Mr. Franczyk:
SET PUBLIC HEARING
REQUEST TO AMEND LDA - 1106 GENESEE, 836
SYCAMORE & 182 WILSON- REVITALIZING
URBAN NEIGHBORHOODS, INC. - REDEVELOPER
WHEREAS, Revitalizing Urban Neighborhoods, Inc. and /or a Corporation, Partnership, Joint Venture or Other
Legal Entity to be formed, herein referred to as the "Redeveloper" has been duly designated as qualified and eligible
Redeveloper in accordance with the rules and procedures prescribed by the City of Buffalo Urban Renewal Agency;
WHEREAS, the City of Buffalo Urban Renewal Agency has duly received a proposed Land Disposition
Agreement by and between the Agency and Redeveloper;
WHEREAS, the terms of the Land Disposition Agreement have been amended; and
WHEREAS, the terms of said Amended Land Disposition Agreement have been approved by the City of Buffalo
Urban Renewal Agency; and
WHEREAS, said Amended Land Disposition Agreement has been forwarded by the City of Buffalo Urban
Renewal Agency to this Common Council for action, pursuant to section 507, subdivision 2 of the General Municipal Law;
and
WHEREAS, Section 507(2) of the General Municipal Law requires that the disposition of land in an Urban
Renewal Project may be approved only after a public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Public Hearing" in the
Buffalo News, no later than the 15 day of September 2006.
That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:OOpm in the
Council Chambers on the 19 day of September 2006.
ADOPTED.
NO. 116
By: Mr. Franczyk
REQUEST TO APPROVE PROPOSED
AMENDMENT TO LAND DISPOSITION
AGREEMENT FOR 1106 GENESEE STREET,
836 SYCAMORE STREET AND 182 WILSON
STREET
WHEREAS, Revitalizing Urban Neighborhoods, Inc. (RUN Buffalo) and /or a Corporation, Partnership, Joint
Venture or Other Legal Entity to be formed, herein referred to as the "Redeveloper" has submitted a plan for the
demolition of the improved properties located at 1106 Genesee, 836 Sycamore and 182 Wilson Streets.
WHEREAS, the City of Buffalo Urban Renewal Agency has duly received a proposed Land Disposition
Agreement by and between the Agency and Redeveloper;
NOW, THEREFORE, BE IT RESOLVED, by the City of Buffalo Urban Renewal Agency:
1) That the terms contained in the document entitled "Contract for the Sale of Land for Private
Redevelopment" by and between the City of Buffalo Urban Renewal Agency and RUN Buffalo, Inc. and /or
other legal entity to be formed, which is the proposed Agreement for the transfer of title of 1106 Genesee
Street, 836 Sycamore Street and 182 Wilson Street are determined to be satisfactory. The properties will
be transferred from the City of Buffalo to BURA for One ($1.00) Dollar and then from BURA to RUN
Buffalo, Inc. and /or other legal entity to be formed for One ($1.00) Dollar.
2) That the Chairman or Vice - Chairman is hereby directed to forward a copy of the amended Agreement to
the Common Council of the City of Buffalo for its action, pursuant to Section 507, subdivision 2(d) of the
General Municipal Law.
3) RUN BUFFALO, INC. and /or other legal entity to be formed, is hereby designated as a qualified and
eligible Redeveloper in accordance with the rules and procedures adopted by this Agency.
4) That upon approval of the terms in the above mentioned Agreement by the Common Council of the City of
Buffalo, pursuant to Section 507 subdivision 2(d) of the General Municipal Law, the Chairman or Vice -
Chairman or Secretary is hereby authorized to execute said Agreement on behalf of the City of Buffalo
Urban Renewal Agency and the BURA Secretary and General Counsel is authorized to impress the
Corporate Seal thereon.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 117
By: Mr. Franczyk
SET PUBLIC HEARING
ENDORSEMENT OF THE CITY OF BUFFALO
URBAN RENEWAL AGENCY'S APPLICATION
FOR THE RESTORE NY COMMUNITIES
INITIATIVE PROGRAM
WHEREAS, Agency seeks Buffalo Common Council endorsement of its application for the Restore NY
Communities Initiative program
WHEREAS, the City of Buffalo Urban Renewal Agency seeks funding in the amount of $5 million for
strategically targeted demolitions in the City of Buffalo;
WHEREAS, the terms of the Restore NY Communities Initiative Program requires the solicitation of public input
to apply for said funding.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Public Hearing" in
the Buffalo News, no later than the 15 day of September 2006.
2. That this Common Council will conduct a Public Heating on the matter stated in said "Notice of Hearing" at
2:OOpm in the Council Chambers on the 19 day of September 2006.
ADOPTED
NO. 118
By: Mr. Franczyk
RESTORE NY COMMUNITIES INITIATIVE - MUNICIPAL GRANT PROGRAM
WHEREAS, The City of Buffalo has a large stock of vacant and dilapidated structures causing a blighting effect on their
surrounding neighborhoods;
WHEREAS, In the 2006 -2007 enacted New York State Budget, Empire State Development Corporation received a $300
million appropriation to implement Restore NY Communities Initiative;
WHEREAS, The Restore NY Communities Initiative is a municipal grant program created for the sole purpose of
revitalizing urban areas and stabilizing neighborhoods as a means to attract residents and businesses;
WHEREAS, The Restore NY Communities Initiative will fund municipally sponsored projects for the demolition,
deconstruction, rehabilitation or reconstruction of vacant or obsolete structures;
WHEREAS, The Restore NY Communities Initiative will enable Buffalo to aggressively target demolition worthy structures
for neighborhood revitalization efforts, consistent with the City of Buffalo Comprehensive Plan;
WHEREAS, Targeted demolitions in economically distressed areas, Empire Zones and Renewal Communities within the
City of Buffalo will bolster economic development opportunities;
WHEREAS, The City of Buffalo Urban Renewal Agency will prepare and submit an application for the Restore NY
Communities Initiative seeking funding in the amount of $5 million for the demolition of derelict structures in targeted,
economically distressed areas of Buffalo;
WHEREAS, The City of Buffalo Common Council endorses the application for funding through the Restore NY
Communities Initiative;
NOW, THEREFORE, BE IT RESOLVED:
That the Mayor is hereby authorized to execute any and all documentation necessary to apply, accept and administer said
grant funding.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 119
By: Mr. Franczyk
RUN BUFFALO INC. -REQ. WAIVER OF DEMO. PERMITS
WHEREAS, Revitalizing Urban Neighborhoods, Inc. (RUN Buffalo) is a nonprofit organization formed to encourage
neighborhood revitalization through the elimination of urban blight in the City of Buffalo;
WHEREAS, RUN Buffalo proposes the demolition of vacant and dilapidated structures which are not eligible for,
nominated to, or listed on the National Register of historic Places;
WHEREAS, RUN Buffalo proposes the construction of community gardens and or other landscaping on said properties;
WHEREAS, Buffalo Urban Renewal Agency approved a land disposition agreement transferring 1106 Genesee, 836
Sycamore and 182 Wilson to RUN Buffalo on August 24, 2006 for the purpose demolishing these dilapidated structures;
WHEREAS, Due to their charitable purpose, RUN Buffalo requests a waiver of fees for demolition permits and associated
performance bonds required for the demolitions of 1106 Genesee, 836 Sycamore and 182 Wilson;
NOW THEREFORE BE IT RESOLVED: that a waiver of the demolition permit fees be granted to RUN Buffalo for their
demolition of 1106 Genesee, 836 Sycamore and 182 Wilson Streets;
AND IT BE FURTHER RESOLVED: that that a waiver of the performance bonds be granted to RUN Buffalo for their
demolition of 1106 Genesee, 836 Sycamore and 182 Wilson Streets.
REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF ECONOMIC DEVELOPMENT,
PERMITS & INSPECTIONS
NO. 120
By: Mr. Golombek
LEGISLATIVE ASSISTANT APPOINTMENT
WHEREAS: I am appointing John F. Fracos, who resides at 314 St. Lawrence Avenue, Buffalo, New York as a Legislative
Assistant in my office; and
WHEREAS: Mr. Fracos has previously worked for the City of Buffalo Parks Department, and is quite capable of filling this
position; and
WHEREAS: Mr. Fracos is graduate at the State University of New York College at Buffalo with a Bachelor of Arts degree
in Political Science and is also involved in many North District community organizations.
NOW THEREFORE BE IT RESOLVED THAT:
Mr. John F. Fracos is appointed as a Legislative Assistant for the North District.
ADOPTED.
NO. 121
By: Mr. Kearns
CITY OF BUFFALO
LOCAL LAW NO. (2006)
INTRODUCTORY NO. 16 (2006)
A LOCAL LAW Common Council
amending the Charter of the City of Buffalo in relation to the Department of Common Council
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOW:
Section 1. That Article 3 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as
follow:
§ 3 -6. Vacancies in the Common Council
In the case of a vacancy in the office of district council member, otherwise than by expiration of the term, the remaining
members of the council shall appoint a qualified resident of the same political party and district as the council member
whose place is vacant to fill such vacancy until the first day of January following the next general election at which a
district council member may, pursuant to law, be chosen for the balance of the term. The person so elected shall take
office on the first day of January following such general election.
Prior to an appointment, the Common Council shall direct the City Clerk to advertise the vacancy for a minimum of five (5)
days on the City's Web -site and using print, audio and video media outlets that are generally considered to provide
district -wide distribution or coverage, and obtain from any qualified resident seeking consideration for appointment, a
current resume, a letter requesting appointment to the vacancy and any other information the Common Council deems
necessary to fulfill its duties and obligations under this section. The Common Council may require said residents to
appear before the Common Council or any of its Committees prior to appointment.
In the case of a vacancy in the office of president of the common council otherwise than by expiration of his or her term,
the remaining members of the common council shall appoint one of their members to fill such vacancy until the next
organizational meeting.
Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or
act, the provisions of this local law shall be controlling.
Section 3. Adoption of this local law is subject to mandatory referendum in accordance with Municipal Home
Rule Law Section 23.
APPROVED AS TO FORM
Peter J. Savage
Assistant Corporation Counsel
NOTE: Matter underlined is new, matter in brackets is to be deleted.
LAID ON THE TABLE.
NO. 122
By: Mr. Kearns
REQUEST GRANT FUNDING FROM THE NEW YORK STATE CANAL CORPORATION
The New York State Canal Corporation is soliciting projects to implement Governor George Pataki's vision for an Erie
Canal Greenway, which was first proposed by the Governor in May 2005; and
The December 2005 report released by the New York State Canal Corporation Interagency Task Force, entitled "Report
on the Future of New York State Canals ", recommended a voluntary, collaborative strategy for providing assistance to
communities along all four canals of the New York State Canal System through a canal -wide greenway program; and
Funding for a grant program to implement the vision of the Governor and the recommendations of the task force was
approved in the 2006 -2007 New York State Budget, and $6 million is available under four grant categories; and
The City of Buffalo has many vacant undeveloped parcels of land on or near the waters edge which are ripe for
development, including the proposed Buffalo River Park Project;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo supports the creation of a voluntary Erie Canal Greenway, as proposed by
the Governor and recommended in the report by the Interagency Task Force, based on the six Erie Canal Greenway
Principles:
Waterfront Public Access
Tourism
Recreational development
Natural and Cultural Resource Protection
Local and Regional Protection
Economic Revitalization; and
Be it Further Resolved:
That the Common Council supports the submission of an application for funding from the New York State Canal
Corporation through the Erie Canal Greenway Grant Program; and
Be it Finally Resolved:
That the City Clerk's Office send certified copies of this resolution to the Office of Strategic Planning, the Department of
Economic Development, Permits and Inspection Services, Governor George Pataki, the New York State Canal
Corporation, and the members of the Western New York Legislative delegation
REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT AND COMMISSIONER OF
ECONOMIC DEVELOPMENT, PERMITS & INSPECTIONS.
NO. 123
By: Mr. LoCurto
GIVING PUBLIC WORKS PERMISSION TO PAVE ST. CATHERINE'S
Whereas: St. Catherine's has not been paved in over five years and is experiencing extreme deterioration
which makes it difficult for motorists and pedestrians to cross; and
Whereas: Residents have expressed complaints and concern over the condition of the roadway; and
Whereas: process; and
Previously St. Catharine's has been paved with a special capping process; and
Now Therefore Be It Resolved:
That the Common Council give Public Works permission to pave St. Catherine's leaving the cobblestone intact in case
further funds become available for restoration.
PASSED.
AYES -9. NOES -0.
NO. 124
By: Mr. LoCurto
PERMISSION TO HANG "PARTY IN THE PARK" BANNERS.
The Olmstead Conservancy organization is celebrating its Annual "Party in the Park "; and
Representatives from Olmstead Conservancy organization have requested permission to hang their banners across
Elmwood Avenue south of Bidwell Avenue and across Delaware Avenue south of North Street from August 20, 2006 until
the party ends on September 10, 2006;
The Olmstead Conservancy organization representatives are familiar with the banner requirements and will purchase the
necessary bond before the banner is installed;
Now Therefore Be It Resolved:
That the Common Council does hereby grant permission to the Olmstead Conservancy organization to hang banners
celebrating its Annual party with the banners located at Elmwood Avenue south of Bidwell Avenue crossing Elmwood
Avenue and Delaware Avenue south of North Street crossing Delaware Avenue from August 20, 2006 until the party ends
on September 10, 2006.
ADOPTED
NO. 125
BY: MRS. RUSSELL
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, relating to 01 - Department of Common Council,
1014 - Councilmember # 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 to Councilmember $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.
Approved as to form
Alisa A. Lukasiewicz
Corporation Counsel
PASSED
AYES -9. NOES -0.
- ALril: &N:11I *114IN
NO. 126
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, relating to 01 - Department of Common Council,
1012 - Councilmember # 11 which currently reads:
1 Legislative Assistant to Councilmember $34,631
Is hereby amended to read:
1 Legislative Aide to Councilmember $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 mount set forth in the foregoing ordinance.
Approved as to Form
Alisa A. Lukasiewicz
Corporation Counsel
PASSED
AYES -9. NOES -0.
By: Mr. Thompson
10 1 WNP*A
ORDINANCE AMENDMENT
CHAPTER 236, HAZARDOUS MATERIALS AND WASTES
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 235 of the Code of the City of Buffalo be amended to read as follows:
ARTICLE IV, Terrorism Prevention in Hazardous Materials
§235- 21.Findings.
The Common Council finds that a terrorist attack on a large- quantity hazardous material shipment in the City of Buffalo
would pose a significant risk to the public health, safety, and welfare with a potential devastating economic impact. These
risks are magnified by the City of Buffalo and the greater Buffalo- Erie - Niagara region's status as a border crossing and
tourist destination. The threat of terrorism requires an urgent response from the City of Buffalo to insure the safety of its
residents and workers.
§235 -22. Definitions.
"Emergency" means an unanticipated, temporary situation that threatens the immediate safety of individuals or property,
as determined by the City of Buffalo Department of Public Works.
"Person" means an individual or commercial entity.
"Practical alternative route" means a route which lies entirely outside of the City of Buffalo and whose use would not make
shipment of the materials in question cost - prohibitive.
§235 -23. Prohibitions.
Except in cases of emergency, it shall be prohibited in the City of Buffalo, without a permit, to transport explosives of
Class 1, Division 1.1, or Class 1, Division 1.2, as designated in 49 CFR Section 173.2., in a quantity_greaterthan 500 kg.:
Flammable gasses of Class 2, Division 2.1., as designated in 49 CFR Section 173.2, in a quantity_ greater than 10,000
liters: Poisonous gasses of Class 2, Division 2.3., as designated in 49 CFR Section 173.2., in a quantity_ greater than 500
liters, and belonging to Hazard Zones A or B as defined in 49 CFR 173.116: and Poisonous materials, other than gasses,
of Class 6, Division 6.1, in a quantity_ greater than 1,000 kg., and belonging to Hazard Zones A or B as defined in 49 CFR
173.133.
It shall be further prohibited to operate a vehicle or move a rail car that has exterior markings indicating that it contains
such materials prohibited in this Article.
§235 -24. Permits.
The City of Buffalo Department of Public Works may issue permits authorizing the transportation of materials prohibited in
this Article upon a demonstration that there is no practical alternative route. The Department of Public Works may impose
reasonable conditions upon the issuance of permit including requiring the adoption of safety measures such as, but not
limited to, time -of -day restrictions. The Department of Public Works may also impose a reasonable fee, commensurate
with enforcement of this chapter, for any permit issued under this Article.
§235 -25. Penalties.
Violations of this Article shall be punishable in accordance with § 1 -15 of the City
Charter. Each day a violation occurs shall be considered a new and separate offense.
§ 235 -26. Incorporation of changes in federal regulations.
In the event that the federal regulations cited in this Article and enacted pursuant to statutory authorization are amended
or reclassified, the amended or reclassified regulation shall be deemed to have been incorporated herein.
§ 235 -12. Preemption.
In the event that the requirements of this Article are or become inconsistent with any requirement set forth in state or
federal law, the Article requirements shall be deemed invalid.
§ 235 -13. Severability.
It is the intention of the Common Council of the City of Buffalo that each provision in this Article shall be deemed
independent of all other provisions herein, and it is further deemed intended that in the event that any provision of this
chapter be declared invalid, all other provisions thereof shall remain valid and enforceable.
APPROVED AS TO FORM
Peter J. Savage
Assistant Corporation Counsel
REFERRED TO THE COMMITTEE ON LEGISLATION, DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS, AND
OFFICE OF DISASTER PREPAREDNESS.
NO. 128
By: Mr. Thompson
SETTING ASIDE THE 1ST DAY OF THE IN -REIN 40 FORECLOSURE AUCTION JUST FOR FIRST -TIME HOME
BUYERS
Whereas: An abundance of vacant, foreclosed properties currently exist within the City of Buffalo; a moderate percentage
of which are salvageable, requiring rehabilitation; and
Whereas: Some of these properties are public safety hazards- potentially spawning illegal activity in addition to being
community eyesores; and
Whereas: A portion of residential properties are either in moderate -to -fair condition or are salvageable structures that
should be either sold at low -cost or donated to needy and interested low -to- middle- income families; and
Whereas: Some City of Buffalo residents may purchase their first residential property from the Tax Foreclosure Auction;
and
Whereas: Additional services should be made available to increase levels of home ownership, as the 2000 Census
indicates that owner - occupied dwellings in the City of Buffalo are at roughly thirty -seven percent (37 %); and
Whereas: Priority for financial assistance should be given to first -time homebuyers whose respective property will serve
as their primary residence (owner- occupied dwelling); and
Now, Therefore Be It Resolved That:
This Common Council hereby requests that the Office of Strategic Planning and the Department of Taxation &
Assessment set aside the 1 st day of each In -Rem Foreclosure Auction specifically for first -time homebuyers, granted that
they are residents of the City of Buffalo; and
Now, Therefore Be It Finally Resolved That:
This Common Council also hereby requests that this item be referred to the Committee on Community Development, and
seeks responses from Office of Strategic Planning, the Department of Taxation & Assessment, Habitat for Humanity, the
Division of Real Estate, and the Department of Economic Development, Permits, & Inspection Services for the next
Common Council Meeting scheduled for Tuesday, September 19, 2006.
REFERRED TO THE COMMITTEE ON FINANCE, COMMISSIONER OF ASSESSMENT AND TAXATION, AND
CORPORATION COUNSEL.
NO. 129
By: Mr. Thompson
FELICITATIONS /IN MEMORIUMS
Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council
as indicated:
Felicitation for Bishop Paul Morton
By Councilmember Davis and City Clerk Gerald A Chwalinski
Felicitation for Marlin T. Harper
By Councilmember Davis & City Clerk Gerald A. Chwalinski
Felicitation for Isias Gonzalez
By Councilmember Davis & City Clerk Gerald A Chwalinski
Felicitation for East High School, Class of 1966
By Councilmember Davis & City Clerk Gerald A. Chwalinski
In Memoriam for Stanley B. Franczyk
By All Councilmembers & City Clerk
ADOPTED
NO. 130
BY: Mr. Thompson
APPOINTMENTS
COMMISSIONER OF DEEDS
That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2006,
conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of
Buffalo
Sidney Clanton Jr.
Total: 1
ADOPTED
NO. 131
BY: MR. THOMPSON
APPOINTMENTS
COMMISSIONERS OF DEEDS
REQUIRED FOR THE PROPER
PERFORMANCE OF PUBLIC DUTIES
That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2006,
conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of
Buffalo
John Fracos
Catherine Burke
Richard Ippolitto
Total 3
ADOPTED.
NO. 132
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall,
Buffalo, New York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, Sept. 12, 2006 at 9:45 o'clock A.M.
Committee on Finance Tuesday, Sept. 12, 2006 at 10:00 o'clock A.M
following Civil Service
Committee on Comm. Dev. Tuesday, Sept. 12, 2006 at 1:00 o'clock P.M.
Committee on Legislation Tuesday, Sept. 12, 2006 at 2:00 o'clock P.M.
Special Committees
MBEC Monday, September 18, 2006 at 10:00 o'clock A.M in Room 1417 City Hall.
Waterfront Development Wednesday, Sept. 20, 2006 at 11:00 o'clock A.M. in the Council
Chambers.
(Public Disclaimer): All meetings are subiect to change and cancellation by the respective Chairmen of Council
Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be
meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the
respective Chairmen, we can only make notification of what we are made aware.
NO. 133
ADJOURNMENT
On a motion by Mr. Bonifacio, seconded by Mr. Golombek, the Council adjourned at 2:45 p.m.
GERALD CHWALINSKI CITY CLERK