HomeMy WebLinkAbout06-1003 (2)L re
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
October 3, 2006
MAYOR
Hon. Byron W. Brown
COMPTROLLER
Andrew Sanfilippo
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
FILLMORE DISTRICT
David A. Franczyk
PRESIDENT PRO TEMPORE
UNIVERSITY DISTRICT
Bonnie E. Russell
MAJORITY LEADER
NIAGARA DISTRICT
DOMINIC J. BONIFACIO JR
DISTRICT COUNCIL MEMBERS
BRIAN C. DAVIS - ELLICOTT
RICHARD A. FONTANA - LOVEJOY
ANTOINE M. THOMPSON - MASTEN
MICHAEL J. LO CURTO - DELAWARE
JOSEPH GOLOMBEKJR. - NORTH
MICHAEL P. KEARNS - SOUTH
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Richard A. Fontana, Michael J.
LoCurto - Members
CLAIMS COMMITTEE: Michael Kearns Chairman, Dominic J. Bonifacio Jr., Richard A. Fontana, Joseph
Golombek,Jr.,- Members
COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr. Chairman, Richard A. Fontana, Michael J.
LoCurto, Bonnie E. Russell, Antoine M. Thompson - Members
FINANCE COMMITTEE: Brian C. Davis, Chairman, Dominic J. Bonifacio, Jr., Michael Kearns, Michael J. LoCurto,
Bonnie E. Russell - Members.
LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Joseph J. Golomberk Jr.,
Michael P. Kearns, Bonnie E. Russell - Members
RULES COMMITTEE: David A. Franczyk, Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell - Members
BUDGET COMMITTEE: Dominic J. Bonifacio, Jr., Chairman, Brian C. Davis, Richard A Fontana, Joseph Golombek,
Jr. Bonnie E. Russell - Members
MINORITY BUSINESS ENTERPRISE COMMITTEE - Antoine M. Thompson, Chairman Brian C. Davis, Richard A.
Fontana, Bonnie E. Russell Members
EDUCATION COMMITTEE ;Antoine M. Thompson, Chairman, Michael P. Kearns, Bonnie E. Russell Members
WATERFRONT DEVELOPMENT COMMITTEE — Michael P. Kearns, Chairman, Brian C. Davis, Richard A. Fontana,
Joseph J. Golombek, Jr. - Members
CORPORATION PROCEEDINGS
INVOCATION - PLEDGE TO FLAG
MAYOR
** *FINAL * **
* *OCT. 3,2006***
1. Mayor -Out of Town Travel R &F
MAYOR - EXECUTIVE
2. Strat. Plan.- Lakeview PILOT APP
3. do -Prop. To Transfer Jurisdiction of 312 Clinton from COB to Bd. Of Ed. (Ell) APP
4. do -Req. Amend /Renew Lease Betw. COB & Grassroots Gardens of Buffalo -Var.
Prop. APP
5. do - Results Neg. -551 Best (Ell) APP
6. do -do -191 Dodge (Ell APP
7. do -do -34 Eighteenth (Niag.) APP
8. do - Utility Easement Agree. -Nia. Mohawk Pow. Corp. -Use of 2827 Main -Sch.
4200 (Mas) FIN,PW,CC
COMPTROLLER
9. Cert. of Necessity- Transfer of Funds - Common Council - Legislative 48
R &F
COUNCIL PRESIDENT
10. History- Marine Drive Apartments
WATERFRC
ASSESSMENT/TAXATION
11. COB In Rem 40 Foreclosure Sale -Oct. 23, 24 & 25, 2006 -Legal Asst. Availability
R &F
12. Certiorari Proceedings - Randall Benderson 1993 -1 Trust -333 Amherst St.
FIN, CC
13. Grass Cutting Invoice Transfers
R &F
MANAGEMENT INFORMATION SYSTEMS
14. Appt.- Computer Operator (Inter)
CS
PUBLIC WORKS, PARKS & STREETS
15. Notif Serials 410134 -45 (Var.) (Waive 45 days)
R &F
16. Annual Report- Buffalo Animal Shelter
R &F
17. Bids - Colonel Ward Plant -Phase 2 Security Upgrades- Contract 20 (Ell)
APP
18. do - Emerg. Sidewalk Repairs @ Dunn Tire Park (Swan St.)(Ell)
APP
19. Perm. Enter Into Agreement w/NYSDOT -Prow. Matching Funds - Kenmore Ave. Reconst.
APP
20. Perm. Hire Architectural /Eng. Consultant - Structural Evaluation -Col. Ward Complex (Ell)
APP
21. Signage With City ROW- Various Locations
LEG, CP BD
22. Appt.- Account Clerk- Typist (Inter)
CS
23. do - Deputy Director of Telecommunication (Max)
CS
FIRE
24. Marked Fire Vehicles
R &F
25. Appt. -EMS Coordinator (Max) CS
CORPORATION COUNSEL
26. Re- Examine Agreement between COB & EC -Parks & Forestry FIT
27.
Response -EC Div. Of Env /Planning- 4511 -136 Zoning Ordinance
R &F
ECONOMIC
DEVELOPMENT & PERMITS /INSPECTIONS
28.
Go Go Girls License -622 Main St. (Ell)
LEG
29.
Rest. Dance License (Renewal) -533 Amherst St. (Univ)
LEG
30.
Req. Grant Funding for NYS Canal Corporation
WATERFRC
31.
St. John's Comm. Dev. Corp.
R &F
32.
Second Hand Dealer -431 Tonawanda (North)
APP
33.
Status Remediation of Bflo. & Niagara River- Buffalo Niagara Riverkeepers
R &F
34.
Used Car Dealer -2431 Delaware (North)
APP
35.
do -779 Genesee (Ell)
LEG
36.
do -72 Walden (Fill)
APP
37.
West Side Mkt. -255 Carolina St. (Ell)
R &F
ADMINISTRATION, FINANCE & URBAN AFFAIRS
R &F
38.
Appt.- Administrator of Treasury and Collections (Max)
CS
HUMAN RESOURCES
39. Contract for Mktg. Comm. Recruitment Program for Entrance -Level Police
Officer /Firefighter Exams APP
CITY CLERK
40. Liquor License Applications
R &F
41. Leaves of Absence
R &F
42 -41A. Notices of Appt. - Council Interns
ADOPT
43 -42. Notices of Appointments - Seasonal
R &F
44 -43. Notices of Appointments - Temp. /Prow. /Perm.
CS
MISCELLANEOUS
45 -44. W. Berry- Comments - Ordinance Amendment - Chapter 511- Zoning -Use Permit Req.
LEG
46 -45. S. Bissonette -Caz. Rec. Systems, Inc.- Comments - Restricted Use Permit
R &F
47 -46. L. P. Ciminelli -Board Packet Documents - 9/11/06
R &F
48 -47. B. Davis - Proposal for Fire Promotional Examinations
FIN
49 -48. do -J. McReynolds - Problems with Polling Places FIN,
EC BD ELECTIONS
50 -49. R. Fontana - Speaker List -Ord. Amend - Chapter 511 -136 Zoning- Restricted Use Permit
R &F
51 -50. do - Humane Society of US- "Circus Myths" & Related Materials
LEG
52 -51. S. Gehl- HOME - Comments - Restricted Use Permit
R &F
53 -52. S. Gonzalez -Req. Removal of Name -Bflo. Sewer Authority
R &F
54 -53. E. Huckabone -EC Fair Hsg. Partnership, Inc.- Comments - Restricted Use Permit -Hum. Svs.
Fac. R &F
55 -54. K. Johnson- Village of Kenmore - Proposed Local Law 412- District Designation- Zoning
Map R &F
56 -54A. M. Kearns - Hickory Woods Questionnaire- 4/10/06 ADOPT PG.
18 & 19; REM -CD
57 -55. M. Kemp- Comments - Restricted Use Permit
R &F
58 -56. COB Living Wage Commission - Proposed Amendment
LEG, CC
59 -57. M. LoCurto -The Micropark Revolution
CD
60 -58. B. Russell -R. Nero -Req. by Medaille College to Make Physical /Cosmetic Impr.- McCarthy
Pk. PW, EC PKS
61 -58A. T.Sy- DDAWNY- Comments - Restricted Use Permit Ordinance
R &F
PETITIONS
62 -59. K. McCarthy, Agent, Use 139 (AKA 139/145/151/157) Buffalo River- Ethanol Proc. Plant
(Fill) (Hrg. 10 /10) LEG, CP BD
63 -60. K. Olson, Agent, Use 1860 Seneca St.- Internet Caf6 /Sales (South) (Hrg. 10 /10)
LEG, CP BD
64 -61. C. Schmitter, Agent, Use 1209 Hertel Ave. - Winery (Del) (Hrg. 10 /10)
LEG, CP BD
65 -62. R. Dollman, Agent, Use 161 Elmwood- Sit -In Rest. (Ell) (Hrg. 10 /10) LEG, CP BD
66 -63. T. Weiser, Agent, Use 1237 Delaware - Freestndg. Lighted Grnd. Sign (Del)(No Pub Hrg.
Req.) LEG, CP BD
67 -64. R. Santoro, Agent, Use 847 Main - Ground Sign (Ell) (No Pub Hrg Req) LEG, CP BD
68 -65. R. Santoro, Agent, Use 187 Southside- Ground Sign (So) (No Pub Hrg Req) LEG, CP BD
69 -66. J. Kawczynski, Agent, Use 976 Broadway- Ground Sign (Fill) (No Pub Hrg Req) LEG, CP BD
RESOLUTIONS
143 -67. Bonifacio Req. Rules Comm. To Augment Current Common Council Schedule ADOPT
144 -68. Davis Ord. Amend.- Chapter 16- Finance LEG, POL
145 -68A do Elimination of Pocket Park, 181 Prospect ADOPT
146-69. do
147 -69A. do
148-70. do
Perm. To Hang Banner Across Delaware Avenue - Trinity White Elephant
Sale
Rooming House Legislation ADOPT 1 -4 RES;
REM -LEG, CC, EDPI
Transfer of Funds - Common Council - Legislative 48
149 -71.
Fontana, etc.
Keeping the Lights on After School
ADOPT
150 -72.
Franczyk, etc.
Name the Airport After "Wild Bill" Donovan
ADOPT
151 -73.
do
Installing Addl. Decorative Banners in Clinton - Bailey Neighborhood
APP
152 -74.
do
Impr. Enf Measures Against Motorists Who Violate Noise Ordinance
LEG, CC, POL
153 -75.
Golombek, etc.
NFTA Transferring Outer Harbor Land to EC Harbor Dev. Corp. CD,
CC, NFTA,
EC HARBOR DEV CORP
154 -76.
do
Exemption to Ord. Amendment 496: Bonds & Contracts 1,2,3
RES; REM -LEG
155 -77.
Kearns, etc.
Immediate Establishment of the Parks Advisory Board ADOPT FIN
RES; REM -LEG
156 -77A. do Name George J. Hartman Fields Football Field in honor of "Paul
Fitzpatrick" (Hrg. 10/31) ADPT 1,2 RES; REM -LEG
157 -78. do, etc. Having Council Rep. Serve on EC Harbor Dev. Corp. ADPT. 1 & 2
RES; REM -LEG
158 -78A. Russell Req. Notification of New Business License Applications LEG, CC, ECPI
159 -79. Thompson Felicitations /In Memoriums ADOPT
160 -79A. do do ADOPT
161 -80. do Commissioner of Deeds ADOPT
APP
SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING
CLAIMS
PERSONAL INJURY
A
1 Ronetta Wilkerson P/N /G. Antoine D. Perez vs. COB $
5 APP
70- A
2 Nikkia Blaylock vs. COB $
22 500.00 APP
A
3 Patricia Livingston vs. COB $
5 000.00 APP
71- A
4 Joseph Shields vs. COB $
6,000.00 APP
PROPERTY DAMAGE
B
1 Justin Booth, 103 Prospect Avenue, 14206 $
123.86 APP
B
2 Donald Colpoys, 177 Hedstrom Dr., Amherst, NY 14226 $
161.22 APP
72- B
3 Shirley Grigsby, 98 Folger St., 14220 $
884.57 APP
B 4
Joy A. Herman, 8 Rainbow Pk., Ransomville, NY 14131 $ 18.48 APP
B
5 Dino L. Palumbo, 331 Davey St., 14206 $1
202.08 APP
B
6 Lawrence Sobocinski, 345 Gold, 14206 $1
163.11 APP
MISCELLANEOUS REIMBURSEMENT
73- C
1 Anthony Casey, 346 Longnecker St., 14206 $
50.00 APP
C
2 Randall Sell, 104 Duerstein St., 14210 $
1,870.24 APP
LOSS TRANSFER CLAIMS
74- D
1 Loss Transfer Claim by State Farm Ins. Co. for no -fault payments arising out
of motor vehicle accident involving their insured, Margaret A. King -
Reen $ 33,168.16 APP
RECOMMITTED ITEM
75- E
1 Permian Properties NY, Inc. c/o Michael Cappuccitti, 2316 Delaware Ave.
4163, Buffalo, NY $
560.00 APP
CIVIL SERVICE
76 -1. Com
5 Sept 19 Appt.- Resources Development Technician (Inter) (Compt)
APP
77 -2. Com
24 Sept 19 Appt.- Pumping Plant Operator (Max) (PW)
APP
78 -3. Com
26 Sept 19 Appt.- Detective (Max) (Pol)
R &F
79 -4. Com
27 Sept 19 Appt. -Motor Equip. Maintenance Supv. I (Inter) (Pol)
APP
80 -5. Com
41 Sept 19 Notices of Appt.- Temp. /Prov. /Perm. (C. Clk.)
R &F
81 -6. Res
132 Sept 19 Budget /Personnel Amendment -Chief
APP
82 -7. No
71 July 25 R. Coniglio -Req. Payment of Vacation Days
R &F
FINANCE
83 -8. Com
6 Sept 19 Setting Aside 1S Day of In Rem 40 Foreclosure Auction for First
time Buyers
(Assess /Tax)
R &F
84 -9. Com
8 Sept 19 Bids -City Wide Sidewalk Replacement- 2006 -Group 4658 (PW)
RECOMMT
85 -10. Com
17 Sept 19 Change in Contract -City Hall Surveillance System -Job 40549
(Ell)
APP
86 -11. Com
20 Sept 19 Grass Cutting Invoice Transfers (PW)
APP
87 -12. Com
21 Sept 19 Lease - Kleinhans Music Hall (PW)
RECOMMT
88 -13. No
43 Sept 19 L. Kelly -Req. Old First Ward Comm. Ctr.- Neighborhood Food
Pantry -62 Republic
R &F
89 -14. No
73 Sept 19 City Owned Vehicle Inscription -Sec. 348 - Charter /Ord. Of COB
(Fire)( #36,7/25)
R &F
90 -15. No
49 July 11 B. Davis -C. Wilkins -Req. Change of Lots - Jefferson Ave. -First
Calvery Miss.
Baptist Church
R &F
91 -16. No
75 June 27 User Fee Arrears -278 Brinkman (PW)(4 25,05/30)
R &F
92 -17. No 109 April 4 Prov. Prop. Tax Relief for Owner Occupied Non - Homestead
Properties
( 477,2/7)( 48,12/27)
R &F
93 -18. Res
128
Sept 5
Setting Aside 1S Day -In -Rem 40 Foreclosure Auction -Just for 1St
Time Buyers R &F
94 -19. Com
43
Sept 5
Model Quality of Life Center (Pol)
BUDGET
95 -20. Res
147
April 4
C.O.P.S. Information (Exc. 1s'& 2 d Res)
BUDGET
LEGISLATION
96 -21. Res
121
Sept 19
Ord. Amend.- Chapter 511 -136 Zoning -Use Permit Req. for
Hum. Svs. Fac
(Hrg. 9/26)
APP
97 -22. Com
28
Sept 19
GML 239 -m for COB Ord. Amend. -Zng. -Use Permit Req. for
Hum.
Svs. Fac. (Law)
R &F
98 -23. No
51
Sept 19
J. Lindelow & O -Opp. To 511 Ordinance
R &F
99 -24. No
46
Sept. 19
M. Mancuso, Agt., Use 1001 Main -Grnd. Sign (Ell) (Hrg. 9/26)
APP
100 -25. No
47
Sept 19
J. Manno, Agt., Use 3144 AKA 3148 Main - Outdoor
Patios /Accessory
(Univ)
(Hrg. 9/26)
APP
101 -26. No
48
Sept 19
D. Pawlik, Agt., Use 658 Ohio- Warehouse Addition (So) (Hrg.
9/26)
APP
102 -27. No
49
Sept 19
B. Kufel, Agt., Use 260 Eggert- Ground Sign (Univ.) (No Pub
Hrg Req)
APP
103 -28. No
81
Sept 19
J. Goetz, Agt., Use 244(aka 242,244,246) Allen -Sit In Rest. (Ell)
(Hrg. 9/12)
(4100,9/5)
APP
104 -29. No
82Sept
19 M. Sanders, Agt., Use 224 Allen -Sit In Rest /Outdoor Patio (Hrg. 9/12)
(4101,9/5)
R &F
105 -30. No
44
Sept 19
J. Leone -260 Allen St. -The Proposal
R &F
106 -31. No
42
Sept 19
B. Davis -D. Ellis -Days Pk. Blk. Club- Comments -260 Allen St.-
Restricted
Use Permit
R &F
107 -32. No
45
Sept 19
K. Mosgeller, N. Pearl St. Blk. Club- Complaints -Allen St.
BusinessesR
&F
108 -33. No
50
Sept 19
K. Mosgeller & O -N. Pearl Blk. Club- Concerns -Allen St.
BusinessesR
&F
109 -34. Com 22
Sept 19
Ord. Amend.- Chapter 235 -Haz. Materials & Wastes (PW)
R &F
110 -35. Res
122
Sept 19
Ord. Amend.- Chapter 387 Signs
APP
111 -36. Res
133
Sept 19
Local Law Intro 416 (2006) -Dept. of Police
APP
112 -37. No
89
July 25
J. Leone, Agent, Use 260 Allen- Restaurant (Ell) (Hrg. 9/12)
DENY
113 -38. No
90
July 25
R. Sasala, Agent, Use 253 Allen- Sit -In Rest. /Outdoor Caf6 (Ell)
(Hrg. 9/12)
RECOMMI
114 -39. No
102
Sept 5
D. Mika, Agt., Use 1250 Clinton- Ground Sign (Fill) (No Pub
Hrg Req) _APP
115 -40. No
103
Sept 5
D. Mika, Agt., Use 1437 Clinton- Ground Sign (Fill) (No Pub
Hrg Req) _APP
116 -41. No
104
Sept 5
D. Mika, Agt., Use 939 Delaware- Ground Sign (Del) (No Pub
Hrg Req) _APP
117 -42. Res
163
July 25
Increase Max Fine for Illegal Dumping to $2,500.00
R &F
118 -43. Res
127
Sept 5
Ord. Amendment - Chapter 235 -Haz. Materials & Wastes _R &F
119 -44. Res
112
Sept 5
Ord. Amendment - Chapter 372, Bouncer Law (Bouncer Law of
2006)—RECOMMIT
120 -45.
Com 10
Sept 5
etc. (Str. Pl.)R &F
Ordinance Amendment Chapter 265 Property Managers
121 -46.
Com 2
Sept 5
122 -47.
Com 17
Sept 5
123 -48.
No 134
July 25
Res)( 4138,4/4)
R &F
131 -56. Com 49
124 -49.
Res 110
May 30
125 -50.
Com 45
June 13
126 -51.
Res 112
May 30
127 -52.
Com 26
Jan 24
128 -53.
Res 129
Apr 19
129 -54.
Res 100
Nov 15
Lic.
Couteulx Way _APP
Capital Improvements Budget Process -Req. for Submissions,
Appt. - Special Events Coordinator (Mayor) APP
Appts.- Preservation Board (CP) RECOMMT
Length of Time Permissible -Hang Banner in COB (Exc. 1St
Side Street Speed Limit
R &F
Side Street Speed Limit (PW)
R &F
Ordinance Amendment Chapter 265 Property Managers
R &F
Demolition by Neglect (Law)
R &F
Demolition by Neglect (2 Res. Only)
R &F
Req. SLA to Revoke Liq. Lic. Of Problem Drinking Est. Whose
Were Revoked For Illegal Activity
R &F
130 -55. Com 50
Dec 13
Req. SLA Revoke Liq. Lic. Of Problem Drinking Est. Whose
Lic.
Have Been Revoked for Illegal Activity (Permits /Insp.)
R &F
131 -56. Com 49
Sept 5
Food Store License -398 Grant (Niag.) (ECPI)APP
132 -57. Com 50
Sept 5
Food Store License -3211 Main (Univ) (ECPI)
APP
133 -58. No 58
July 11
D. & J. Skulski -Used Car Dealer -227 Paderewski
R &F
134 -59. No 90
Sept 5
M. Kearns - Police Procedures & Need for Review of 911 Calls
R &F
135 -60. Res 172
July 25
Trailblazing Signage for Edward St. as Louis Stephen Le
Couteulx Way _APP
136 -61. Res 189
July 25
Terrorism Prevention in Hazardous Materials Transportation
R &F
137 -62. Com 4
Sept 5
Terrorism Prevention in Haz. Materials Transportation (Dis.
Prep.) R &F
COMMUNITY
DEVELOPMENT
138 -63. No 84
June 27
Assess Asbestos Risk at H -O Oats (Exc 1S & 2nd Res)( 4 125,6/13)
R &F
139 -64. No 94
Sept 5
G. Robins -Opp. High Rise -Gates Circle
R &F
140 -65. No 102
May 2
Results of Negotiations -21 Garner (Niagara) (Strat. Plan.)( 49, 4/18)
DENY
SPECIAL COMMITTEES
WATERFRONT DEVELOPMENT
141 -66. Res 122
Sept 5
Req. Grant Funding from NYS Canal Corp.
ADOPT
142 -67. No 119
Sept 19
Putting Marine Drive Apartments on the Tax Rolls ( #131,4/19)
R &F
FROM THE MAYOR
NO. 1
MAYOR BYRON W. BROWN
OUT OF TOWN TRAVEL
Pursuant to Section 4 -4 of the City of Buffalo Charter, I hereby designate Alisa A. Lukasiewicz, Corporation Counsel to
perform the Mayor's duties during the afternoon of Wednesday, September 27, 2006 through the morning of Thursday,
September 28, 2006.
1 will be out of town and will return to the office on Thursday, September 28, 2006.
RECEIVED AND FILED
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 2
LAKEVIEW PILOT
Pursuant to the Comer Consent Decree, the City and the Buffalo Municipal Housing Authority committed to redevelop
Lakeview Homes to reduce density, vacancies and to provide alternative housing opportunities. On October 7, this Body
approved a PILOT Agreement for the properties included in the redevelopment plan. The approved PILOT included 523
Busti, a property designated for rehabilitation of 6 additional residential units. 523 Busti had to be replaced with three
sites, 46 York, 268 Trenton and 476 Busti, to construct 6 residential units as a part of the Project. In order to substitute
these three sites, the Buffalo Municipal Housing Authority formed a new corporation, the Lower West Side Homes II
Housing Development Fund Corp.
Your Honorable Body is hereby requested to approve the attached PILOT Agreement for the substituted properties
located at 46 York, 268 Trenton and 476 Busti for the Lakeview Project, and amend the PILOT approved on October 7,
2004 to eliminate the parcel identified as 523 Busti. Your Honorable Body is also requested to authorize the Mayor to sign
any and all documents necessary to execute and implement the PILOT Agreement.
The amount of the PILOT payments was calculated based upon the standard City PILOT policy for low income housing
projects.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning, dated September 25, 2006, be received and filed;
and
That the Common Council approve the PILOT Agreement for the substituted properties located at 46 York, 268 Trent and
476 Busti of the Lakeview Project and amend the PILOT Agreement approved on October 7, 2004 to eliminate the parcel
identified as 523 Busti. That the Mayor be, and he hereby is authorized to sign any and all documents necessary to
execute and implement the PILOT Agreement.
PASSED
AYES - 9 NOES -0
NO. 3
PROPOSAL TO TRANSFER JURISDICTION OF 312 CLINTON
(LOT SIZE: 177 X 340) FROM THE CITY OF BUFFALO TO THE
BUFFALO BOARD OF EDUCATION
ELLICOTT DISTRICT
The Office of Strategic Planning, Division of Real Estate, has received a letter from the Buffalo Board of Education
requesting the City to transfer jurisdiction of 312 Clinton (SBL 111.142 -2.1) to the Board of Education for school purposes.
Our record indicates that this vacant parcel of land is located 210 feet east of Pine and was acquired by the City in the
1920's for the Clinton Market. This parcel is no longer being used for the Clinton Market. The subject property is adjacent
to School No. 32 and it appears that the Board of Education is currently maintaining it. The Division of Real Estate has
contacted the Land Use Planning Committee and they have no objections to transferring jurisdiction of 312 Clinton to the
Buffalo Board of Education. If the Board of Education deems that they no longer need this property for school purposes,
they will transfer jurisdiction of 312 Clinton back to the City of Buffalo for disposition.
This office is recommending that Your Honorable Body approve to transfer the jurisdiction of 312 Clinton from the City of
Buffalo to the Buffalo Board of Education.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated September 22, 2006,
be received and filed; and
That the Common Council approve the transfer the jurisdiction of 312 Clinton from the City to the Buffalo Board of
Education on the condition that is the Board of Education deems they no longer need this property for school purposes,
they will transfer jurisdiction of 312 Clinton Street back to the City for disposition.
That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same.
PASSED
AYES - 9 NOES -0
NO. 4
REQUEST TO AMEND AND RENEW LEASE BETWEEN THE
CITY OF BUFFALO AND GRASSROOTS GARDENS OF BUFFALO,
INC. FOR USE OF VARIOUS CITY OWNED PROPERTIES
ELLICOTT, FILLMORE, MASTEN, NIAGARA & UNIVERSITY
DISTRICTS
ITEM NO. 12, C.C.P. JUNE 12, 2001
Pursuant to Item No. 12, C.C.P. 6/12/01 Your Honorable Body authorized a lease agreement between the City of Buffalo
and Grassroots Gardens of Buffalo, Inc. for use of various city owned properties (see attached Schedule "A ") in order to
design, develop, establish and support vegetable, fruit and flower gardens. This lease commenced on November 1,2000
and terminated on October 31, 2005.
The Division of Real Estate has received a letter from Coco Wozniak, Administrative Assistant for Grassroots Gardens
requesting to renew their lease agreement for an additional five -year period (commencing retroactively on November 1,
2005 and terminating on October 31, 2010.
This office recommends that Your Honorable Body renew their lease agreement for an additional five year period
commencing retroactively on November 1,2005 and terminating on October 31, 2010 providing the following conditions
are added to the lease:
Grassroots may request additional sites to be added to the lease during the term of this agreement subject to approval of
Land Use Planning and the Common Council.
In the event that any of the city owned properties listed in Schedule "A" are needed by the City for public use or
development, the City shall give the lessee a 30 day written notice to terminate the use of that particular site. The City and
the Lessee will work together in an attempt to find a replacement site for any displaced garden.
All other terms and conditions of the lease shall remain the same. I am further recommending that Your Honorable Body
authorize the Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be
authorized to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning dated September 27, 2006, be received and filed;
and
That the Director of Real Estate be, and he hereby is authorized to renew the lease between the City and Grassroots
Gardens of Buffalo, Inc., for use of various city -owned properties, as attached as Schedule "A ", for an additional five (5)
year term commencing retroactively on November 1, 2005 and terminating October 31, 2010. All other terms and
conditions of said lease agreement shall remain including but not limited to those conditions as listed above. That the
Corporation Counsel be authorized to prepare the necessary lease and that the Mayor be authorized to execute the
same.
PASSED
AYES - 9 NOES -0
PRIOR COUNCIL REFERENCE NO. 6
RESULTS OF NEGOTIATIONS
661 BEST, 99' E JOHNSON
LOT SIZE: 31'X 126'
ASSESSED VALUATION: $1,200.
(ELLICOTT DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 551 Best from Mr. (NFN)
Zulkharnain, power of attorney for Mrs. Nazeer Mahatalath, 543 Best, Buffalo, New York 14208. Mrs. Mahatalath owns
and resides at 543 Best and intends to use this vacant lot for additional green space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are
no building code violations, taxes or other liens owed to the City by the purchaser.
The Division of Real Estate has investigated the sale of similar residential vacant lots in the subject area. Sale prices
range from Twenty -Five Cents ($ .25) to Sixty -Five Cents ($.65), per square foot.
The results of our negotiations are that Mrs. Mahatalath has agreed and is prepared to pay One Thousand Two Hundred
Dollars ($1,200), Thirty Cents ($ .30) per square foot, for the subject property. Mrs. Mahatalath has also agreed to pay for
the cost of the transfer tax, recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of
551 Best to Mrs. Nazeer Mahatalath in the amount of One Thousand Two Hundred Dollars ($1,200). 1 am further
recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor
be authorized to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated September 27, 2006,
be received and filed; and
That the offer from Mr. (NFN) Zulkharnain, power of attorney for Mrs. Nazeer Mahatalath, 543 Best Street, in the sum of
one thousand and two hundred dollars ($1,200.00) for the purchase of 551 Best Street, be and hereby is accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance with the terros of sale upon which the offer was submitted.
PASSED
AYES - 9 NOES -0
NO. 6
RESULTS OF NEGOTIATIONS
191 DODGE, 637' E MICHIGAN
LOT SIZE: 30'X 126'
ASSESSED VALUATION: LAND: $1,700
TOTAL:$21,000
ELLICOTT DISTRICT)
The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 191 Dodge from Mr. Tracy L.
Jones, 189 Dodge, Buffalo, New York 14209. Mr. Jones intends to make repairs in the amount of Four Thousand Dollars
($4,000), in order to bring 191 Dodge into code compliance and use as a place of residence.
The purchaser has provided the Division of Real Estate with cost estimates and proof of financial ability to acquire and
rehabilitate 191 Dodge. This structure is a one and one half story single family two bedroom home having 1,514 square
feet of living area with a one car detached garage situate on a lot 30' x 125' in fair condition.
The Department of Permits and Inspection Services and the Division of Collections have no objections to the sale. There
are no code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar properties in the subject area. Sales prices range from
Two Dollars and Fifty -Two Cents ($2.52) to Seven Dollars and Fifty Cents ($7.50), per square foot of living area.
The results of our negotiations are that Mr. Jones has agreed and is prepared to pay Three Thousand Eight Hundred
Dollars ($3,800), Two Dollars and Fifty Two Cents ($2.52) per square foot of living area. He has also agreed to pay for the
cost of transfer tax, recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of
191 Dodge to Mr. Tracy L. Jones in the amount of Three Thousand Eight Hundred Dollars ($3,800). 1 am further
recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor
be authorized to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated September 27, 2006,
be received and filed; and
That the offer from Mr. Tracy L. Jones, residing at 189 Dodge Street, in the sum of three thousand and eight dollars
($3,800.00) for the purchase of 191 Dodge Street, be and hereby is accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES - 9 NOES -0
NO. 7
RESULTS OF NEGOTIATIONS
34 EIGHTEENTH, 285' SE MASSACHUSETTS
LOT SIZE: 30'X 50'
ASSESSED VALUATION: $2,200.
(NIAGARA DISTRICT)
The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 34 Eighteenth Street from
Ms. Shalisha S. Bishop, 26 Eighteenth Street, Buffalo, New York 14213. Ms. Bishop owns a two family dwelling at 30
Eighteenth. She intends to use the vacant lot for additional yard space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are
no outstanding taxes, building code violations, or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar residential vacant lots in the subject area. Sales prices
range from Fifty Cents ($ .50 ) to One Dollar and Fifty Cents ($1.50), per square foot.
The results of our negotiations are that Ms. Bishop has agreed and is prepared to pay Seven Hundred Fifty Dollars
($750.), Fifty Cents ($ .50) per square foot, for the vacant parcel. Ms. Bishop has also agreed to pay for the cost of the
transfer tax, recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of
34 Eighteenth Street to Ms. Shalisha Bishop in the amount of Seven Hundred Fifty Dollars ($750.). 1 am further
recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor
be authorized to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated September 25, 2006,
be received and filed; and
That the offer from Ms. Shalisha S. Bishop, residing at 26 Eighteenth Street, in the sum of seven hundred and fifty dollars
($750.00) for the purchase of 34 Eighteenth Street, be and hereby is accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES - 9 NOES -0
NO. 8
UTILITY EASEMENT AGREEMENT
NIAGARA MOHAWK POWER CORPORATION
FOR USE OF 2827 MAIN STREET - SCHOOL NO. 200 MASTEN DISTRICT
The Office of Strategic Planning, Division of Real Estate, has received the attached easement agreement from National
Grid. They are requesting this easement in order to relocate their electric distribution facilities required to provide new
electric service to Bennett High School, as described in the attached proposed easement "Exhibit A ".
This office has contacted the Department of Public Works and they have no objections to this easement. We are
recommending that Your Honorable Body approve the attached easement agreement.
I am further recommending that the Corporation Counsel's Office review said agreement for their approval as to form and
that Your Honorable Body authorizes the Mayor to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
AND THE CORPORATIOJN COUNSEL
y :IQ r i& 9. 1 =11115 K 6 L r i l i I:To] 14 4 :1
NO. 9
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
COMMON COUNCIL - LEGISLATIVE
We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the
Charter, that it is necessary that the sum of $3,000 be transferred and reappropriated within Common Council Legislative,
as set forth below:
Common Council Legislative
FROM
Common Council Legislative
10102001 - 412002 Hourly Salary $3,000
TO
Common Council Legislative
10109004 458001 $1,500
10109004 458002 $1,500
Dated: Buffalo, NY, September 18, 2006
RECEIVED AND FILED
FROM THE PRESIDENT OF THE COUNCIL
NO. 10
MARINE DRIVE APARTMENTS THE HISTORY FROM THEN TO NOW
Attached correspondence available for review in The City Clerks Office
REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT
FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION
NO. 11
CITY OF BUFFALO IN REM 40
FORECLOSURE SALE OCTOBER
23, 24 AND 26, 2006
LEGAL ASSISTANCE AVAILABILITY
In an attempt to ensure that taxpayers who are experiencing financial hardship have access to legal services, the
Department of Assessment and Taxation is providing those taxpayers with the attached information sheet, "How to Obtain
Assistance to Avoid Foreclosure" describing the availability of low cost and free legal assistance to obtain Court Orders to
stop the foreclosure. We have provided it to the Department of Public Works, Parks & Streets, User Fee Office, and
American Water Service and the Buffalo Sewer Authority to post in their customer intake areas and provide to taxpayers
facing foreclosure. The information sheet has also been posted to the City of Buffalo website and to the cable television
government access channel and provided to the Mayor's office to provide to the media. We are filing it with the Common
Council as an informational item so that it may be made a part of the public record.
RECEIVED AND FILED
NO. 12
CERTIORARI PROCEEDINGS
RANDALL BENDERSON 1993 -1 TRUST.
333 AMHERST STREET
This is to advise that the taxpayer, Randall Benderson 1993 -1 Trust, instituted certiorari proceedings on 333 Amherst
Street, Buffalo, New York, regarding the assessments for fiscal year 2006 -2007. The assessment was reviewed by the
Department and the taxpayer expressed a willingness to settle the proceedings.
The final assessment for fiscal years 2006 -2007 was $4,417,000 for each year. The taxpayer is agreeable to a settlement,
which would result in a reduction to $4,267,000 for the 2006 -07 tax year on 333 Amherst Street. The taxpayer would be
entitled to a refund of $2,706.34 for the 2006 -07 July Installment.
Based on a review of the current market value of the property, I feel this settlement would be In the best interest of the
City. I recommend this settlement, in which the Department of Law concurs.
A reduction is recommended because the property is assessed at a higher rate per square foot than similar properties.
The proposed settlement is subject to approval by Your Honorable Body. I therefore request that the Corporation Counsel
be authorized to settle the 2006 -2007 certiorari proceedings on 333 Amherst Street by reducing the 2006 -2007
assessment from $4,417,000 to $4,267,000.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL
NO. 13
GRASS CUTTING INVOICE TRANSFERS
ITEM 17, C.C.P. SEPTEMBER 19, 2006
In response to the Common Council communication submitted by Joseph N. Giambra, Commissioner of the Department
of Public Works, Parks & Streets, requesting that unpaid invoices for grass cutting be placed on the Local tax rolls, it is the
policy of the Department of Assessment and Taxation to assess all Local Assessment liens to the first half of the tax roll of
the next succeeding fiscal year, pursuant to Section 28 -13 of the City of Buffalo Charter and Code. However, prior to
doing so, the Department of Assessment and Taxation must first comply with all of the
requirements of Sections 28 -15, 28 -17, 28 -40, 28 -41, 28 -42, 28 -43, 28 -52, 28 -53, of the City
of Buffalo Charter and Code. When the communication is approved by your Honorable Body,
the Special Assessment for Locals process starts. The Department of Assessment and Taxation sends a notices to
properly owners informing them of the Special Assessment Charge and gives them ten days to protest the charge. At the
same time, the information is submitted to the City Record for publication for a period of ten working days. At the
expiration of ten days, the Local Assessment Roll is signed by the City Clerk and forwarded to the Law Department to
approve as to form. After approval by the Law Department, a certiorari proceeding must be published in the City Record
for two consecutive days in two consecutive weeks. The lien date is set and Local Assessment bills, such as grass and
tree cutting, sidewalk repairs, demolition, etc., are sent out giving the property owner thirty days to pay without interest.
The local assessment year ends February 28 and any bills over thirty days outstanding on March 1 are added to the July
1 first half tax.
The grass cutting charge will be added to the July 1,2007 -08 tax bill.
RECEIVED AND FILED
FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS
NO. 14
CERTIFICATE OF APPOINTMENT
Appointment Effective: August 28, 2006 in the Department of Division of to the Position of Computer Operator,
Permanent appointment at the third step of $35,497.00
Kenneth Doverspike, 312 Parkridge Ave., Buffalo, NY 14215
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
NO. 16
ANNUAL REPORT
BUFFALO ANIMAL SELTER
As required by Section 15 -51 of the City Charter, I herewith submit the Annual Report from Buffalo Animal Shelter
Available in the City Clerks Office for review
RECEIVED AND FILED
NO. 17
Report of Bids
Colonel Ward Plant
Phase 2 Security Upgrades - Contract 20
Ellicott
Plans and specifications were prepared and sealed proposals accepted for the Phase 2 Security Upgrades Project -
Contract 20 located at the Colonel Ward Treatment and Pumping Plant.
I hereby submit the following report of bids which were received and opened in my office at 10:00 a.m. on September 21,
2006.
Kandey Company $554,992.00
19 Ransier Dr.
West Seneca, NY 14224
C.H. Byron Company, Inc. $853,000.00
465 Creekside Drive
Amherst, NY 14228
1 certify that foregoing is a true and correct statement of all bids received and that Kandey Company is the lowest
responsible bidder complying with the plans and specifications.
I respectfully request that your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to enter
into a contract with Kandey Company in the amount of $554,992.00 with funds available in Capital Project Account
#24147486. These funds are part of a Homeland Security Grant awarded to the City.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated September 27, 2006, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the
Colonel Ward Plant, Phase 2 Security Upgrades Project - Contract 20 to Kandey Company, the lowest responsible bidder,
in the amount of $554,992.00. Funds for the project are available in Capital Project Account #24147486 part of a
Homeland Security Grant awarded to the City.
PASSED
AYES 9 NOES 0
NO. 18
Report of Bids
Emergency Sidewalk Repairs @ Durra Tire
Park (Swan Street)
Ellicott District
Item #126, C.C.P. 3/3/98
This is to advise your Honorable Body that I have received bids in regard to a contract for Emergency Sidewalk Repairs
@ Dunn Tire Park necessitated by severe sidewalk settlement from an unknown some.
In obtaining these bids for the above project, I have asked for unit price coveting the various items of work and material
which will be performed. The final cost of the work will be based on the actual measured quantities of materials entering
into the work and may be either more or less than the total bid.
The following bid were received:
Base Bid Unit Price Increase
Destro & Brothers Concrete Co., Inc. $155,000.00 $170,500.00
411 Ludington, Buffalo, NY 14206
E & R General Contracting, Inc. $181,200.00 $196,700.00
175 Lake Avenue, Blasdell, NY 14219
C. Destro Development Co., Inc. $193,000.00 $208,500.00
2255 Bailey Avenue, Buffalo, NY 14211
1 hereby certify that the lowest responsible bidder for the above project was Destro & Brothers Concrete Co., Inc.
I respectfully recommend that your Honorable Body authorize a contract award in the amount of $170,500.00
($155,000.00 Base Bid + 10% unit price increase $15,500.00 = Total Award $170,500.00 ). Funds for this work are
available in Capital Project Account's # 30032106 & #39311106. The engineer's estimate for this work is $160,000.00.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated September 13, 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
Emergency Sidewalk Repairs at Dunn Tire Park to Destro &Brothers Concrete Co., Inc., the lowest responsible bidder, in
an amount of $170,500.00 ($155,000.00 Base Bid + 10% unit price increase $15,500.00 = Total Award $170,500.00).
Funds for this project are available in Capital Project Account's #30032106 & #39311106.
PASSED
AYES — 9 NOES — 0
NO. 19
Permission to Enter into Agreements w /NYSDOT
Provide Matching Funds
Kenmore Ave. Reconstruction
PIN #5757.18
Permission is requested from Your Honorable Body to authorize the Mayor of the City of Buffalo to enter into all necessary
agreements with the New York State Department of Transportation (NYSDOT) to administer, design, bid and construct
the Kenmore Ave. Reconstruction Project from Main St. to Starin Ave.
In addition, permission is requested for the City to hire an engineering consultant and commit funding necessary for first
instance costs and all related Federal and Non - Federal shares of project costs. The City of Buffalo's share of costs for this
project is anticipated to be 5 %. Costs estimates for the work, including engineering are $5.2 million dollars and the City's
share of costs will be available in our Capital Account for Local Match Reserve.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated September 28, 2006 be
received and filed; and
That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the New York State
Department of Transportation to administer, design, bid and construct the Kenmore Avenue Reconstruction Project from
Main Street to Starin Avenue. That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized
to hire an engineering consultant and commit funding necessary for first instance costs and all related Federal and Non -
Federal shares of project costs. The City's Share of costs will be available in Capital Accounts for Local Match Reserve.
PASSED
AYES — 9 NOES 0
NO. 20
Permission to Hire Architectural /Engineering Consultant
Structural Evaluation at the Colonel Ward Complex
Ellicott
The Division of Water is requesting permission from your Honorable Body to take proposals and hire a
architectural /engineering consultant to provide services for a building condition survey and structural evaluation for all
buildings at the Colonel Ward Treatment Complex.
The costs for these professional services is estimated not to expected to exceed $50,000.00 and funds are available in
the Division of Water bond fund account 53200706 - 445100.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated September 27, 2006 be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a
architectural /engineering consultant to provide services for a building condition survey and structural evaluation for all
buildings at the Colonel Ward Treatment Complex. Funds for this project are available in the Division of Water bond
account 53200706- 445100.
Passed.
AYES —9 NOES 0
NO. 21
Signage within City
Right of Way at
various locations
Ms. Louise McClive, acting on behalf of the Buffalo Architectural Experience group, has requested permission to install
signage within City right of way at various locations. The signs would identify the City's architectural and historic
landmarks, they would be free standing and include a rectangular section measuring approximately four feet by three feet
attached at a 45 degree angle to enable reading of information about the site.
The Buffalo Architectural Experience has received a grant of $100,000.00 and estimates they can install approximately 20
signs. At present only ten locations are known, but this application pertains to all future locations also. The ten known
locations are:
1. Niagara Square, facing west.
2. Niagara Square, facing north.
3. Niagara Square, facing east.
4. Niagara Square, facing south.
5. Lafayette Square, facing east.
6. 92 Franklin Street, Erie County Courthouse.
7. Church & Franklin Streets.
8. Main Street & South Division.
9. Theodore Roosevelt Plaza.
10. Lower Terrace in front of WNED Studio.
The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413, Section 63
(Encroachment Regulations) of the City Charter and recommends that Your Honorable Body refer this item to the
Planning Board for the necessary review and approval. If approved by the Planning Board and Your Honorable Body the
Commissioner will issue a "Mere License" for installation of said signage provided the following conditions are met:
1. That the applicant obtain any and all required permits including a building permit.
2. That the applicant obtain any and all required approvals including the Preservation Board, Olmstead Park
Conservancy,
Zoning Board of Appeals and Buffalo Place, Inc.
3. That the exact location of each sign be approved via a site visit by Division of Engineering personnel prior to
installation.
4. That the applicant be responsible for maintaining said signage as long as it remains within City right of way.
REFERRED TO THE COMMITTET ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 22
Certificate of Appointment
Appointment Effective: September 18, 2006 in the Department of Public Works, Parks & Streets Division of Water
to the Position of Account Clerk- Typist
Temporary Promotion at the: Intermediate Starting Salary of: $28,505.00
SUSAN TINTI 177 BRECKENRIDGE ST BUFFALO, NY 14213
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 23
Certificate of Appointment
Appointment Effective: 09/15/2006 IN THE DEPARTMENT OF PUBLIC WORKS DIVISION OF STREETS TO THE
POSITION OF Deputy Director of Telecommunications PROVISIONAL APPOINTMENT FLAT STARTING SALARY
$37,927.00
Richard Keane Jr. 234 Potters Road Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF FIRE
NO. 24
MARKED FIRE VEHICLES
Please be advised that with the exception of the vehicles outlined in Police Commissioner Gipson's previous letter to you,
all other Buffalo Fire Department vehicles are and will continue to be marked as per City of Buffalo requirements.
Received and Filed, and
that the contingency imposed by this Common Council as referenced in CCP # 100 dated June 13, 2006 has been
satisfied, and that the Fire Department request to purchase the Emergency Medical Services Vehicle referenced in CCP
#27 dated May 16, 2006 is hereby approved.
NO. 25
Certificate of Appointment
Appointment Effective September 25, 2006 in the Department of Fire Division of EMS to the Position of EMS Coordinator
Provisional, Appointment, Flat $50,000
Michael A. Mazurowski 50 Joanne Lane Cheektowaga, 14227
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CORPORATION COUNSEL
NO.26
ITEM 180 CCP JULY 25
RE- EXAMINE AGREEMENT BETWEEN COB & EC
Your Honorable Body has asked for the Corporation Counsel to provide a response regarding issues raised related to the
agreement between the City of Buffalo and Erie County related to parks and forestry services in the City of Buffalo.
The issue as to whether the agreement is beneficial is a policy decision. To the extent your Honorable Body and the
Administration has concerns or believes that these issues need to be revisited, our office will assist in exploring the City's
rights and remedies per the agreement.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 27
INFO PROPOSED
511 ORDINANCES
Please file the attached response from the Erie County Division of Environment and Planning regarding the proposed
511 -136 Ordinance currently before the Common Council.
If you have any further questions or concerns, please do not hesitate to contact me at 851 -4116. Thank you for your
assistance with this matter.
RECEIVED AND FILED
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT &
INSPECTION SERVICES
No. 28
Go Go Girls License
622 Main (Ellicott)
Pursuant to Chapter 75, Section 5 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Go Go Girl License Class 16 located at 622 Main and find that as to form is correct. I have caused an
investigation into the premises for which said application for a Go Go Girl License Class 16 is being sought. According to
the attached reports from the Zoning Office, Fire Department, Buffalo Police Department and Building Inspections, I find it
complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you
deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 29
Restaurant Dance License (RENEWAL)
533 Amherst St (University)
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the
premises located at 533 Amherst Street (Niagara Frontier Post #1041) for which said renewal application for a Restaurant
Dance Class III license is being sought and according to the attached reports from the Fire Department, Police
Department and Building Inspections, I find it complies with all regulations and other applicable laws. This request is
submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE LEGISLATION
NO. 30
GRANT FUNDING
NYS CANAL CORPORATION
Item No. #122 C.C.P. 09/05/06
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 #122 C.C.P. September 5, 2006.
1 have been requested to comment on the above item that has been referred to the Waterfront Development Committee.
This item indicates that certain state grants may be available from the NYS Canal Corporation for revitalization programs.
Please be advised that the Office of Strategic Planning will respond on behalf of our departments to this item.
REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT
NO. 31
St. John's Community Development Corporation
ITEM NO #11 CCP 09/05/2006
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 #11 C.C.P. September 5, 2006.
1 have been requested to respond to the above referenced item that has been referred by the Buffalo Common Council to
the Community Development Committee.
This item will authorize the sale 32 City owned vacant lots for $32,000 to the St. John's Community Development
Corporation to allow it to construct 28 affordable housing units.
The Office of Strategic Planning has requested that the Council approve this item.
The Department of Economic Development Permit and Inspection Services also recommends approval of this item.
RECEIVED AND FILED
NO. 32
Second Hand Dealer
431 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 431 Tonawanda 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 dearer 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 Zinajda Samardzija. The attached thereto for Zinajda Samardzija d /b /a Duka's Thrift Store. 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
September 7, 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 Zinajda Samardzija d /b /a Duka's Thrift
Store located at 431 Tonawanda.
PASSED
AYES — 9 NOES 0
NO. 33
BUFFALO NIAGARA RIVERKEEPERS
STATUS REMEDIATION OF BUFFALO & NIAGARA RIVER REDEVELOPMENT
Item No. #89 C.C.P. 09/05/06
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 #89 C.C.P. September 5, 2006.
You have referred the above referenced item to the Department of Economic Development Permit and Inspection
Services. This item has been referred to the Waterfront Redevelopment Committee.
This item is a letter from Jill Spisiak Jedlicka and Margaret Wooster from Buffalo Niagara RiverKeepers. The letter is in
response to a meeting held with Councilman Kearns in which Riverkeepers requests an opportunity to make a
presentation to the Waterfront Development Committee.
Buffalo Niagara Riverkeepers is a fine organization with a great deal of knowledge about waterfront issues. A presentation
by them should prove to be useful.
RECEIVED AND FILED
NO. 34
Used Car Dealer
2431 Delaware (North)
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 2431 Delaware 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 cause an investigation by the Police Department into the moral character of
Richard Crowley Jr. The attached thereto for Richard Crowley Jr. d /b /a Crowley s Auto Sales. 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
September 25, 2006, be received and filed; and
That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development, Permit and Inspections
Services Permit be, and he hereby is authorized to grant a Used Car Dealer license to Ronald Crowley, Jr. d /b /a
Crowley's Auto Sales, located at 2431 Delaware Avenue.
PASSED
AYES — 9 NOES - 0
No. 35
Used Car Dealer
779 Genesee (Eilicott)
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 779 Genesee and find that as to form is correct. 1 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
Shlaine Freeland The attached thereto for Shlaine Freeland d /b /a Freeland & Sons Auto Sales. This request is submitted
for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION,
NO. 36
USED CAR DEALER
72 WALDEN (FILLMORE)
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 72 Walden 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
Mohammad Memon. The attached thereto for Mohammad Memon d /b /a LaTour Auto Inc. 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
September 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 Permit be, and he hereby is authorized to grant a Used Car Dealer license to Mohammad Memon d /b /a LaTour
Auto Inc.,located at 72 Walden Avenue.
PASSED
AYES - 9 NOES -0
NO. 37
WEST SIDE MKT
255 CAROLINA ST.(ELL)
ITEM NO, #84 C.C.P. 09/05/06
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 #84 C.C.P. September 5, 2006.
The item contains a letter from Tim and Louise Jones regarding the West Side Market located at 255 Carolina Street. This
is not the first time that this address has been brought to our attention.
The activities at this location are currently under review. If there are grounds to do so, the Department will bring charges
against the operator. Should such charges be established at a hearing, the Department will take appropriate action that
might include suspension or revocation of the license.
RECEIVED AND FILED
FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE & URBAN
AFFAIRS
NO. 38
CERTIFICATE OF APPOINTMENT
Appointment effective in the Department of Administration, Finance and Urban Affairs Division of Treasury to the Position
of Administrator of Treasury and Collections, Provisional Promotion at the Flat Maximum Salary of $59,650.00
Debbie A. Renzoni, 20 Brost Drive, 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF HUMAN RESOURCES
MEMORANDUM
NO. 39
CONTRACT FOR MARKETING COMMUNICATIONS RECRUITMENT PROGRAM FOR ENTRANCE -LEVEL POLICE
OFFICER /FIREFIGHTER EXAMINATIONS
Attached is a contract, for your approval, with Travers Collins & Company for a marketing communications recruitment
program for the entrance -level Police Officer examination scheduled to be administered on in January 13, 2007.
A significant part of the recruiting process will be a 6 -8 week multi -media campaign to aggressively recruit top quality
candidates for the positions.
Part of this process will be an effort directed at increasing minority applications. 3 —ou will recall that we remain under
federal court jurisdiction for this process. Further, we will b— gearing our recruitment effort towards attracting candidates
that see the role of the Police as more of service to the community and less as an "adventure." We will be using ideas and
concepts developed by the U.S. Department of Justice, COPS Office in a grant project called "Hiring in the Spirit of
Service." (HSS) and we will be using approaches that have been effective elsewhere around the country.
As in other communities, we have retained the services of a professional ad agency. We are committed to running a
professional and highly effective recruiting campaign to demonstrate to the courts that we are as aggressive as possible in
this effort and to obtain the very best candidates.
This contract is a result of the RFP selection process.
Mr. Bonifacio moved:
That the above communication from the Department of Human Resources, Civil Service Administration dated September
22, 2006, be received and filed; and
That the Commissioner of Human Resources be, and he hereby is authorized to enter into a contract with Travers Collins
& Company for a marketing communications recruitment program for the entrance -level Police Officer examination
scheduled to be administered on January 13, 2007.
PASSED
AYES — BONIFACIO, FRANCZYK, GOLOMBEK, LOCURTO, RUSSELL, THOMPSON — 6 NOES —DAVIS, FONTANA,
KEARNS — 3
a:16LTAIr9:1=11115d11 WLd44NN
NO. 40
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
520 Niagara St. Buffalo Rendezvous LLC F. Ciccarelli, Rep.
1519 Hertel Avenue M. T. Pockets Inc. P. Kelleher, Rep.
RECEIVED AND FILED
NO. 41
LEAVES OF ABSENCE WITHOUT PAY
I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various
departments as listed:
Police -S. Maraschiello, Y. Quintana, L. Valvo, S. Lewis, D. DiVito, D. Donovan
RECEIVED AND FILED.
NO. 42
NOTICES OF APPT- COUNCIL INTERNS
I transmit herewith appointments t the position of Council Intern.
Mr. Bonifacio moved the approval of the appointments to the position of Council Intern.
ADOPTED
Appointment Effective 10/4/06 in the Department of Common Council, Division of Masten District, to the position of Intern
V, Seasonal, Non - Competitive, at the minimum starting salary of $8.00 /hr.
Lauren Lozano 15 Wiston Rd. Buffalo, NY 14216
NO. 43
NOTICES OF APPOINTMENTS - SEASONAL /FLAT
I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various
departments.
RECEIVED AND FILED.
DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS
Appointment Effective 9/27/06 in the Department of Public Works, Parks and Streets, Division of Buildings, to the position
of Laborer II,Seasonal, Appointment, at the starting salary of $8.15/hr.
Abdirashid Ahmed 55 California Street Buffalo. NY 14213
NO. 44
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.
DEPARTMENT OF ADMINISTRATION, FINANCE AND URBAN AFFAIRS
Appointment Effective 9/25/06 in the Department of Administration, Finance and Urban Affairs, Division of Collections, to
the position of Collection Officer, Provisional, at the minimum starting salary of $40,670.00.
Joseph LoTempio 62 Tacoma Avenue Buffalo, NY 14216
DEPARTMENT OF LAW
Appointment Effective September 25, 2066 in the Department of Law to the position of Special Assistant to the
Corporation Counsel, Provisional, Non - Competitive, at the minimum starting salary of $30,232.00.
Martha Cramer 64 Pavonia Buffalo, NY 14207
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
NO. 45
ORD AMEND CHAPTED 511 ZONING ORD
Could you please file the following letter to the Council and proposed Ordinance, with Commentary, which is also attached
as a PDF document, to be considered at the same time the Council considers Councilmember Bonifacio's proposed
Ordinance Amendment at the October 3, 2006 Council meeting. This item relates to Item #1 on the Legislation
Committee's Tuesday, September 26, 2006 meeting Agenda, the Proposed Amendment to Sec. 511 -136 Zoning -Use
Permit Required for Human Services Facilities, which was the subject of a public hearing on that date. I can be reached at
853 -3087 or by return email with any questions. Thank you.
Sincerely, William W. Berry, Attorney at Law
To the Common Council:
On behalf of the Inclusion Task Force, I would request that you consider the following compromise Ordinance
Amendment, with Commentary, also attached as a PDF document, as a more humane and less discriminatory alternative
to the Social Services Siting Ordinance "Amendment" proposed by Councilmember Bonifacio, to be voted on at your
October 3, 2006 meeting. Thank you.
William W. Berry, Attorney at Law
By: Ms. and Mr.
Ordinance Amendment
Chapter 511 - Zoning, Use Permit Requirement
The Common Council of the City of Buffalo does hereby ordain as follows:
That Article XXVII and Section 511 -136 of Chapter 511 of the Code of the City of Buffalo be amended to read as follows:
ARTICLE XXVII
[restricted Use Permit]
Human Services Facility Permit
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 46
CAZENOVIA RECOVERY SYSTEMS, INC.
RESTRICTED USE PERMIT
Cazenovia Recovery Systems is an organization, which offers a variety of services, including residential treatment, for
disabled persons - more specifically those in recovery from addictions or mental health disorders. The proposed
Restricted Use Permit would regulate future siting of agency programs.
I believe that the re- establishment of this law places unique requirements on human service facilities that are not placed
on others and that these requirements are discriminatory in nature. The premise of the Restricted Use Permit is that
human services facilities and the persons they will bring into a community will "alter the nature and character of affected
areas to the detriment of both the users of the facilities and the community in general." Such unfounded claims have
included such things as a decrease in property values, an increase in criminal behavior or a general decline in the quality
of the neighborhood.
I realize that this Amendment is a response to property owners who are worried about an influx of human service
programs and the possible negative impact on their neighborhoods. But these contentions are not supported by statistics
or facts. Most court cases involving these types of restrictions without underlying proof of the need, find the laws to be
discriminatory.
Cazenovia, as well as other human service facilities, pride ourselves with being responsible and considerate members of
the communities where we are located. We are proud to be a part of Buffalo. I am sure that human service organizations
are appreciated, but we get very mixed messages about our services. To quote a participant during our last community
meeting involving counseling offices: "Your organization truly does good work and we commend you for that. But we
would prefer that you do not do your work in our neighborhood. Go somewhere else!" Similarly, the proposed Restricted
Use Permit sends a very confusing message and does little to integrate services into city planning. This law is
exclusionary and it should not be adopted.
RECEIVED AND FILED
NO. 47
MEMORANDUM
BOARD PACKET DOCUMENTS 9/11/2006
Attached are the following documents from the Joint Schools Construction Board meeting scheduled on September 11,
2006:
1. Draft Agenda
2. Meeting Minutes from JSCB Meeting dated August 7, 2006
3. Fully executed Phase II Application and Certificate for Payment No. 22 - July 2006
4. Phase II Application and Certificate for Payment No. 23 - August 2006
5. Program Packaging and Development Services (PPDS) Provider Update
6. Buffalo Niagara JOBS Initiative Update
7. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1
Phase II Project - July 2006
RECEIVED AND FILED
NO. 48
PROPOSAL FOR FIRE PROMOTIONAL EXAMINATIONS
Dear Mr. Chwalinski,
Please file the attached documents for the upcoming Common Council Session to be held on October 3, 2006.
Thank you in advance for your assistance in this matter.
Sincerely,
Ellicott District Councilmember
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 49
PROBLEMS WITH POLLING PLACES
Attached is correspondence from Judy McReynolds which is available for review in the city Clerk's Office
REFERRED TO THE COMMITTEE ON FINANCE AND THE ERIE COUNTY BOARD OF ELECTIONS
NO. 50
R. FONTANA- SPEAKERS LIST
Attached is the speaker list from the Public Hearing September 26, 2006 on Ordinance Amendment Chapter 511 -136
Zoning Use Permit Request for Human Service Facility List in Clerk's Office
RECEIVED AND FILED
NO. 51
Every day in America, a circus comes to town. The advertisements promise safe, family fun, colorful costumes, and exotic
animals performing tricks at the snap of their trainers fingers - -big cats jumping Corbis through burning hoops, elephants
balancing on their hind legs, and bears riding bicycles. But there's something no circus wants you to see: the suffering of
the animals.
The Humane Society of the United States has monitored circuses for 20 years, chronicling training methods and living
conditions that the animals routinely experience. We have kept track of incidents and anecdotes that explode many of the
myths that circuses want you to believe - -myths that help them perpetuate the big lie behind the big top.
Myth #1: Circus animals perform tricks out of love for their trainers.
Fact: While circus promoters claim that trainers use only positive reinforcement, or rewards, reports prove otherwise.
Circus training methods include boating animals with clubs and other objects (even during performances) and depriving
them of food. Trainers sometimes strike elephants with sharpened hooks, which can result in physical injury. Trainers
resort to brutal methods to maintain a position of dominance. Yet wild animals will always behave in instinctive and
unpredictable ways and can never be made willing or safely manageable through training.
Myth #2: Circus animals are like beloved children, taught and nurtured their whole lives.
Fact: Many circus animals are leased seasonally from dealers. The animals move
from circus to circus, following seasonal contracts. Many circuses don't bother to
provide regular, competent veterinary care. Animals who aren't obedient or who
have grown too old to perform may be sold or given to zoos, roadside attractions,
research laboratories, or private individuals options unlikely to improve their
quality of life.
Myth #3: After the show, the animals rest in comfort.
Fact: After the show, the animals are locked in cages and shipped to the next town. Circus animals spend much of their
lives in small, often dirty cages, barely able to turn around. Circus animals often are shipped in trucks and railway cars
without heat or air conditioning and often are deprived of food and water for extended periods.
Myth #,4: The circus is safe fun for the whole family,
Fact: People, as well as animals, are injured at circuses. In 1994, an elephant named Tyke charged through an audience
in Honolulu after killing one circus employee and injuring another. Tyke was shot to death on a city street. In 1990, a
chimpanzee abandoned his motorcycle act, rushed into the stands, and bit a child. In 1994, a baby elephant named
Mickey was beaten during a performance. A month later, during another performance, Mickey attacked a child.
Myth #5: Circuses serve endangered species by educating children and adults.
Fact: Watching wild animals perform unnatural tricks outside their natural habitats doesn't teach people anything about the
animals. By displaying bears as tricycle- riding buffoons and by dressing elephants in tutus, circuses present animals as
creatures whose purpose is to amuse us.
Myth #6: Laws protect animals in circuses.
Fact: While standards for handling, care, treatment, and transport are written into the federal Animal Welfare Act
(administered by the U.S. Department of Agriculture), these standards are minimal and poorly enforced. Persistent
violators are rarely prosecuted.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 62
STATEMENT TO
THE COMMON COUNCIL'S LEGISLATION COMMITTEE SEPTEMBER 26, 2006
In 2002 the Office of the New York State Attorney General, concerned about possible civil rights violations, conducted a
review of 58 applications for Restricted Use Permits filed between 1996 and 2001. In a
In March of 2000 HOME helped bring together more than 30 human service providers who subsequently took the name
Inclusion Task Force. This group worked with Erie County to eliminate the need for their Siting Committee on Human
Services.
Who does this measure affect? It affects soup kitchens but not restaurants. It affects food pantries but not supermarkets.
It affects mental health agencies but not the offices of private psychiatrists and psychologists. This is a measure which
regulates services to people with disabilities and the poor. In Buffalo, that also means it has a disparate impact on people
of color.
The following June the City of Buffalo enacted the Restricted Use Permit Ordinance - -which essentially required the
granting of special approvals whenever a human service agency wanted to open for business or even expand services in
an appropriately zoned location. That is the key here: we are not talking about a commercial operation opening in a
residential area (which would properly require a variance); we are talking about a non - profit commercial operation in an
appropriately zoned commercial area. The Restricted Use Permit Ordinance raises the bar -- imposing an additional burden
on non - profit human service providers.
HOME has been involved in the controversy over the siting of human service programs since February 18 1995 when
the Buffalo News published a viewpoints article I had written contending that a then proposed moratorium on group
homes would violate the federal Fair Housing Act.
Mr. Chairman and Honorable Councilmembers, I am Scott Gehl, a resident of Thatcher Avenue in the University District
and executive director of Housing Opportunities Made Equal. As you know, HOME is a civil rights organization with nearly
500 members in the Buffalo area which, since 1963, has led the struggle for fair housing in seven counties of Western
New York.
letter dated 11/22/02, the Attorney General advised the City of Buffalo of apparent inconsistencies in the application of the
statute.
The Inclusion Task Force then entered into a dialogue with the Legislation Committee and the Law Department to develop
an evenhanded ordinance to facilitate communication and cooperation between communities and human service
providers. As a former Buffalo Councilman myself, I assure you I understand the importance of good communication and
good neighbors.
While the ITF was working with the Legislation Committee, in 2004 we determined that the old Restricted Use Permit
Ordinance had expired. Nevertheless we pressed ahead and were told by the then Corporation Counsel that state law
preempted local regulation in this area.
Now there is a new Corporation Counsel, a new legal opinion and a new effort to resurrect an old ordinance which has
had a chilling effect on human service organizations, some of which are among the largest employers and engines of
economic development in our city. More importantly, this ordinance has had a negative effect on their many tens of
thousands of clients - -who work, pay rent and taxes, and are among our most vulnerable citizens.
On behalf of the Board of Directors and the 500 members of HOME, I ask that the Legislation Committee and Common
Council not approve the ordinance before us this afternoon. Instead, I urge you to commit to bringing together concerned
community residents, service providers and their clients to write a law acceptable to all parties.
RECEIVED AND FILED
NO. 63
REQ RENEWAL OF NAME FROM BUFFALOSEWER AUTHORITY
I Susan Gonzalez, respectfully request my name and appointment of December 13, 2004 be withdrawn and removed from
the Buffalo Sewer Authority effective immediately
RECEIVED AND FILED
NO. 64
INFO RESTRICTED USE PERMIT
Dear Honorable Council Members, Buffalo Common Council:
The Erie County Fair Housing Partnership respectfully urges the Common Council not to precipitously enact the
Restricted Use Permit for Human Service Facilities Ordinance ( -6 CCP September 19, 2006) now before k. This measure
creates an unfair burden for human service agencies and has a potentially devastating impact on persons with disabilities
and the poor.
Since 2004 the Inclusion Tank Force (a coalition of more than 30 service providers) has worked cooperatively with the
Common Council's Legislation Committee and the Law Department to develop a more even - banded ordinance ( #165
CCP Jiffy 25, 2006) which would facilitate communication and cooperation between communities and agencies. In our
view, it would be a major step backward for the City to abandon these efforts and Instead adopt a law which many
advocates believe to be discriminatory.
Thank you for your consideration.
RECEIVED AND FILED
NO. 66
PROPOSED LOCAL TAW #12- DISTRICT DESIGNATIONS, ZONING MAP ")
The Villiage of Kenmore is considering a local law that would revise the Kenmore Zoning Map. Said revisions would
eliminate the Business Use District and replace it with a General Business Use Direct a Restricted Use Business District.
The current business use district is comprised of Delaware Avenue, Kenmore Avenue, and Elmwood Avenue. The new
Restricted Use District would extend along Delaware Avenue, from LaSalle to the intersection of Delaware and Shepard.
All other portions of the current business district would be designated as the General Business Use District
Enclosed, please find the following in connection with the above referenced matter:
1.Environmental Assessment Form
2. Solicitation for Lead Agency Status
3. Referral Response
4. Proposed Zoning Map
Please refer this matter to the appropriate office(s). Yore kind and immediate response is greatly appreciated.
If you should require any additional information, #ease contact this office at 873 -5700.
RECEIVED AND FILED
NO. 66
HICKORY WOODS QUESTIONAIRE
Since assuming the office of South District Council Member in January of this year, I have studied the many issues
confronting Hickory Woods. I have attended numerous meetings regarding the neighborhood, and met with both residents
and City officials to collect information and suggestions on how to best resolve the issues that have plagued this
community.
The common thread throughout my conversations with Hickory Woods residents has been their perceived lack of
involvement in the decisions that most affect them and their neighborhood. Residents do not feel they have been afforded
the opportunity to provide any meaningful input.
As elected officials, we face both an enormous challenge and a tremendous opportunity to bring closure to the Hickory
Woods situation. It is our duty and obligation to represent tile residents and make decisions in their best interests. This
survey represents a new approach to dealing with the problems in Hickory Woods. Through openness and collaboration
between the City of Buffalo and residents, I am confident that this difficult chapter in the history of Hickory Woods will be
brought to a close.
Although not conducted as a scientific survey, this questionnaire marks the first time that the City of Buffalo has reached
out to the residents of Hickory Woods on an individual basis to identify their thoughts and opinions. Through these
testimonies, the City of Buffalo has current information about residents' perceptions, the problems they face, and their
ideas on how the problems in their neighborhood can best be addressed. As leaders, we now have accurate information
regarding the problems and suggested solutions facing Hickory Woods. Most importantly, however, the residents of
Hickory Woods now have a voice and sense of control
over their own destinies.
ADOPT PAGE 18 & 19 REMAINDER TO REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
01[61til
COMMENTS RESTRICTED USE PERMIT
I am what has been come to be known as a re -pat. After a 20 year absence from Buffalo, I decided with my partner to
leave Atlanta and return home to Buffalo. Upon making this decision after many months of research and traveling back
and fourth we decided to live in Allentown and purchased a home that was a rooming house for nearly 40 years and in
deplorable condition, that ten years ago realtors couldn't even get $10,000 dollars for. 1 also moved my business here
and now have two locations on Allen street. Terry, my partner transferred here with Bank of America and works at
Fountain Plaza. The reason I mention this is that we consider ourselves to be urbanite's in the truest sense of the word.
After many years of a city like Atlanta we enjoy living in a up and coming neighborhood where we can walk to the many
amenity's that Allentown has to offer instead of getting into a car. We are also very excited to be in Buffalo at a time of
resurgence. The city is changing rapidly. Daily, we read of property's being bought to be converted to apartments and
condo's such as what has just happened at the 5 abandoned buildings now known as the "Granite Works ". If you were to
walk the side streets of Allentown as I did yesterday you would notice the on going renovations of nearly every home.
Obviously people are moving back to the city and spending countless millions of dollars on renovations and new
construction for the same reasons we are here, for what it has to offer.
All of this is bound by one phrase "Quality of life ". We all want to live in nice homes or apartments that thousands of
people see on such tours as the "Secrets of Allentown" or "The Buffalo Garden Walk" and can't believe this is actually city
living in Buffalo, we all want to be able to walk to stores for a gift item or clothing, we all live here to be able to walk to a
coffee house or a restaurant and last we all enjoy being able to walk to a bar, sit on the patio on a nice day or evening and
have a drink with friends.
Being an "urban person" I bought in an area knowing full well that I was to co -exist with a plethora of bars and restaurants.
For the most part I have absolutely no issue with these establishments. I happen to live across the street from one such
establishment that I have patronized many times. Visually this bar is very appealing, the patio has a colorful awning and
surrounded by beautiful planters that the owners personally maintain on a daily basis. I respect the fact that they put a lot
effort into the business, it is also the only bar in Allentown that has a private security guard on the premise.
Unfortunately, the patio has a direct effect on our "quality of life" as it fronts my home and is very noisy late at night. The
owners recently admitted at a block club meeting that their busy time is from 10:30 until 2:30am. Even though the permit
clearly states an 1 pm closing for the patio it is kept open until the bar closes. Many evening this patio is well beyond the
capacity of 27 people that the permit allows. Being a late night bar the customers are enjoying themselves which is fine,
but as you hear in any bar or restaurant, noise levels increase as it gets busier with people trying to out talk the noise
level's to be heard.
Trying to be good neighbors, knowing the owners on a personal level and having friends that work and or patronize the
bar we put up with the sleepless nights for 2 years, but enough is enough. Quality of life is an important issue and also
includes a good nights rest to function at work. I am literally tired of being woken up at 1 or 2 in the morning to the loud
talking, yelling or hollering that travels across the street to our bedroom windows from patrons that have had a bit to much
to drink. As the owner again stated at a meeting, if customer's are getting rowdy they are warned once or twice before
being told to leave, but at that time it is too late as we have already heard it the first time and find ourselves wide awake. I
am not necessarily singling out just this bar as I know for a fact that other neighborhoods have gone through this, hence
the "Day's Park Block Club" being wary of new restaurants at the other end of Allen. I also blame the state with the
smoking laws as I am sure this has had a direct impact on more people being outdoors.
What amazes me is the lack of cooperation from the city, the city law enforcement and other agencies to keep these
patio's in check and enforce your own laws. Even in my own yard, noise ordinance laws are in effect from 11 pm until 8am.
I feel that now, with the demographics of the city changing, that the Ilpm closings need to be enforced, especially in area's
that front residential properly, and that backyard yard patio's must now be included in the permit process as they are at
the moment no further jurisdiction which is ridicules and insulting to
surrounding residents.
RECEIVED AND FILED
NO. 58
PROPOSED AMENDMENT TO THE LIVING WAGE ORDINANCE
Repeal Buffalo City Code § 96- 19(D)(3) and replace with:
Effective January 1, 2007 the living wage rate will be $9.59 per hour with health benefits, and $10.77 per hour without
health benefits. Each year, effective January 1, the rate will be increased by an amount corresponding to the increase, if
any, in the national Consumer Price Index for all urban consumers (CPI -U) published by the U.S. Department of Labor, for
the year preceding the prior year. For example, the increase on January 1, 2008 will be based on the annual percent
change in the CPI -U for 2006.
Discussion
Buffalo's Living Wage Ordinance lacks a crucial component found in most living wage ordinances: an annual cost of living
adjustment (COLA) to prevent the living wage from being eroded by inflation. Cities with COLA provisions in their living
wage ordinances include Rochester, Albany, Syracuse, Pittsburgh, Cleveland, Chicago, Denver, Tucson, Minneapolis,
Los Angeles, San Francisco, Boston, Cincinnati, Dayton, Milwaukee, Durham, San Diego, and many others.
Most cities tie their COLA to the annual increase in the national Consumer Price Index (CPI -U) or to the annual change in
the federal poverty guidelines (which are themselves adjusted with the CPI -U).
As passed in 1999, Buffalo's Ordinance set living wage rates for 2000, 2001, and 2002 and called for an adjustment to the
rate at the end of 2002 to "reflect existing economic conditions." The City did not make the adjustment contemplated by
the Ordinance, and so the rate for 2003 remained the same as it had been in 2002.
When the City amended the Ordinance on August 4, 2003, the amendments set a new rate for 2004 and required that the
rate be "revisited no later than December 31, 2003, stating that the "amount of the living wage may be adjusted at that
time to reflect existing economic conditions."
The living wage rate has not been adjusted since the Ordinance was amended in 2003, and so the 2004 rate has
remained in effect for 2005 and 2006. Thus, the wage rate has been eroded by the inflation that took place in 2004 (2.7 %)
and 2005 (3.4 %) and continues to take place in 2006.
Buffalo's living wage rate is much lower than that of comparable cities such as
Rochester, which has current rates of $9.68 with benefits and $10.81 without
Benefits and is increased each year with a COLA,
Albany, which enacted a living wage of $10.25 with benefits and $11.91 without benefits effective January 1, 2006
including a yearly COLA, and
Syracuse, which enacted a living wage of $10.08 with benefits and $11.91
without benefits in 2005, including a yearly COLA.
Even with the proposed COLA, Buffalo's living wage rate would remain lower than that of Rochester, Albany, or Syracuse.
One of the principal reasons for the living wage movement is that the federal minimum wage lacks a COLA and so has
been dramatically weakened by inflation over time. Without a COLA, Buffalo's living wage will suffer the same fate and will
no longer achieve the goals the City set when passing the Ordinance: keeping working families out of poverty and off
public assistance and thus strengthening our neighborhoods, schools, and economy.
A COLA tied to the CPI -U is the best way to keep the living wage current because it is automatic, predictable, and tied to
the most common measure of inflation used by businesses and individuals. For workers, a COLA means that the living
wage will continue to live up to its name and keep them out of poverty. For employers, a COLA provides a predictable
mechanism and removes uncertainty about when and how much the City will increase the living wage.
Every employer is already used to factoring inflation into its planning, so the burden of a COLA is minimal. In addition,
because the proposed COLA lags a year behind the inflation rate, it gives employers a year to adjust and plan based on a
known figure, not an estimate. For example, very early in 2007, we will be able to announce the living wage for 2008
based on the 2006 inflation rate.
A shorter lag time would be more fair to workers, but the proposed COLA mechanism has the advantage of simplicity: by
keeping to a calendar year and providing plenty of lead time, it makes the living wage easier to keep track of, to publicize,
and to implement.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL
NO. 69
THE MICROPARK REVOLUTION
Dear Mr. Chwalinski:
Please file the attached item for further discussion at the next Common Council session to be held on October 3, 2006.
Copies of the article can be found in the City Clerk's Office for review if necessary. Thank you in advance for your
assistance in this matter.
Sincerely,
Delaware District Councilmember
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 60
MEDAILLE COLLEGE REQUEST TO MAKE PHYSICAL AND COSMETIC IMPROVEMENTS TO THE 90 FT.
BASEBALL DIAMOND LOCATED AT MCCARTHY PARK
Dear Mr. Chwalinski:
Attached please find the above - referenced item to be filed for the next Buffalo Common Council meeting to be held on
Tuesday, October 3, 2006.
Please accept this letter as my formal request to the City of Buffalo, Erie County Parks Department and Kensington Little
League to make numerous physical and cosmetic improvements to the 90 t— baseball diamond located at McCarthy Park,
as per our conversation of September 08, 2006, The cost of these marked improvements will be covered by Medaille
College and its baseball program with absolutely no additional cost to the City, County or Little league, Though the
Medaille College is growing in leaps and bounds we have yet to develop an athletic facility to house our teams, so,
on a yearly basis, we use your facility at McCarthy Parle, which is greatly appreciated. But, this year the NCAA and our
home conference, the Allegheny Mountain Collegiate Conference, (AMCC), has developed strict guidelines as to
baseball and softball field requirements, which places both the Medaille Baseball Program and McCarthy Park in a
win. win situation. We will all benefit from these mandatory improvements to the ball park. With that being said, the
following are the improvements that we need to and are willing to make:
Baseball
1. Dugouts - concrete /roofed dugouts will be built
2. Bullpens - home and away bullpens will be in place
3. Fencing removed where applicable
4. Fencing repaired where applicable
5. Fencing added where applicable
6. Outfield renting will be covered with green screening end topped with a yellow plastic protective capping.
7. Foul poles, yellow, will be in place
8. Infield grass will be replaced with new
9. A 150'iafleldtarpwilibeufilized
10. A remote scoreboard will be in place
11. The use of the facility building for bathrooms and concessions.
Softball
1. Dugouts - concrete /roofed dugouts will be befit
2. Bullpens - home and away bullpens will be in place
3. Fencing will be removed, repaired and added where applicable
4. A portable outfield fence will be utilized
5. Infield grass will be stripped
6. An infield tarp will be utilized
Please note that none of these projects will be completed without first conferring with Jim Hornung for input and final
authorization,
If allowed to proceed with this plan, the McCarthy Park facility will have two of the finest ball fields in the Western New
York area.
Our plan is to also allow the Buffalo City schools the opportunity to play league and championship games on the
refurbished diamond.
I would also offer our services to the Kensington Little league in the form of free baseball clinics and the opportunity to
share in the concession profits at the field,
Please allow me the opportunity to present myself and these ideas personally at a meeting with all of those who will
be involved in these decisions.
Thank you in advance for your time and consideration into this matter.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
AND THE ERIE COUNTY PARKS
NO. 61
COMMENTS RESTRICTED USE PERMIT
Dear Mr. Wolf:
Speaking on behalf of the Developmental Disabilities Alliance of Western New York (DDAWNY), our Board of Directors
and the entire 40 agency membership, I urge the Common Council not to approve the Restricted Use Permit Ordinance
(RUPO) being presented on October 3, 2006.
Members of DDAWNY as well as the individuals and families we assist are deeply distressed over the recommendation of
the Common Council's Legislation Committee to approve the Restricted Use Permit Ordinance (RUPO). Instead, we urge
you to commit to bringing together concerned community- residents, service providers and their client to write a law
acceptable to all to all parties.
A, you may know, many of our member agencies have programs located within the city limits. Several agencies are
among the largest employers in our city (DDAWNY agencies employ over 8,000 workers and contribute over $250 million
annually into the WNY economy). An estimated 10.000 individuals with developmental disabilities anti their families live,
work and do business in our wonderful city daily. This proposed ordinance will have a negative effect on thousands of
people - -city residents who are among our most vulnerable citizen —
Members of DDAWNY realize that it is important for us to keep our elected officials abreast of issues that are of
concern - particularly those that may negatively impact the lives of the truly needy population we both serve. It is for this
very reason that I strongly urge the Buffalo Common Council members to not reinstate the proposed Restricted Use
Permit Ordinance
Sincerely,
RECEIVED AND FILED
PETITIONS
NO. 62
K. MCCARTHY, AGENT, USE 139 (AKA 139/145/151/157)
BUFFALO RIVER - ETHANOL PROCESSING PLANT (FILL)
(HRG. 10/10)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 63
K. OLSON, AGENT, USE 1860 SENECA STREET - INTERNET CAFE /SALES, ETC.
(SOUTH) (HRG. 10/10)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 64
C. SCHMITTER, AGENT, USE 1209 HERTEL AVENUE — WINERY
(DEL) (HRG. 10/10)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 65
R. DOLLMAN, AGENT, USE 161 ELMWOOD- SIT -IN RESTAURANT (ELL)
(HRG. 10/10)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITYPLANNING BOARD
NO. 66
T. WEISER, AGENT, USE 1237 DELAWARE- FREESTANDING LIGHTED GROUND SIGN (DEL)
(775 -0104 X33)
The attached is for Common Council Approval; but per Permits, no public hearing is required.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 67
R. SANTORO, AGENT, USE 847 MAIN ST.- GROUND SIGN (ELL)
(PHONE #) (895 -8875)
The attached is for Common Council Approval; but per Permits, no public hearing is required.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 68
R. SANTORO, AGENT, USE 187 SOUTHSIDE- GROUND SIGN (SOUTH)
(PHONE #) (895 -8875)
The attached is for Common Council Approval; but per Permits, no public hearing is required.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 69
R. KAWCZYNSKI, AGENT, USE 976 BROADWAY- GROUND SIGN (FILLMORE)
PHONE 677 -0192
The attached is for Common Council Approval; but per Permits, no public hearing is required.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
REGULAR COMMITTEES
CLAIMS
(MICHAEL P, KEARNS, CHAIRMAN)
NO. 70
PERSONAL INJURY
That upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged
negligence on the part of the City of Buffalo, be comprised and settled:
A. 1. Ronetta Wilkerson P /N /G Antonio D. Perez v. City of Buffalo $5,000.00
A. 2. Nikkia Blaylock v. City of Buffalo $22,500.00
A. 3. Patricia Livingston v. City of Buffalo $5,000.00
That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current
Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, upon
execution and delivery to the Corporation Counsel of proper releases and closing papers.
Recommended by the Committee on Claims
PASSED
AYES - 9 NOES -0
NO. 71
PERSONAL INJURY
A. 4. Joseph Shields v. City of Buffalo
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Kearns moved
That a check in the amount of $6,000.00 be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior
Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein
above named, and delivered to them upon execution and delivery to the Corporation Counsel of proper releases and
closing papers.
PASSED
AYES — DAVIS, FONTANA, FRANCZYK, KEARNS, LOCURTO, RUSSELL, THOMPSON - 7 NOES — BONIFACIO,
GOLOMBEK -2
NO. 72
PROPERTY DAMAGE
That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged
negligence on the part of the City of Buffalo, be compromised and settled:
B. 1. Booth, Justin, 103 Prospect Avenue, Buffalo 14201 $123.86
B. 2. Colpoys, Donald, 177 Hedstrom Dr., Amherst, NY 14226 $161.22
B. 3. Grigsby, Shirley, 98 Folger Street, Buffalo, NY 14220 $884.57
B. 4. Herman, Joy A., 8 Rainbow Park, Ransomville, NY 14131 $18.48
B. 5. Palumbo, Dino L., 331 Davey Street, Buffalo, NY $202.08
B. 6. Sobocinski, Lawrence, 345 Gold Street, Buffalo, NY 14206 $161.11
That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current
Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the
amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of
proper releases where such releases are indicated.
PASSED
AYES - 9 NOES -0
NO. 73
MISCELLANEOUS REIMBURSEMENTS
That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be
paid:
C.1. Casey, Anthony, 346 Longnecker Street, Buffalo, NY 14206 $ 50.00
C. 2. Sell, Randall, 104 Duerstein Street, Buffalo, NY 14210 $1,870.24
That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current
Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the
amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of
proper releases where such releases are indicated.
PASSED
AYES - 9 NOES — 0
NO. 74
LOSS TRANSFER CLAIM
D. 1. Loss Transfer Claim by State Farm Insurance Company for no -fault payments arising out of motor vehicle accident
involving their insured, Margaret A. King -Reen
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Kearns moved
That a check in the amount of $33,168.16 be drawn on the account of Org 17221008 (480205) Judgment and Claims
Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any,
herein above named, and delivered to them upon execution and delivery to the Corporation Counsel of proper releases
where such releases are indicated.
PASSED
AYES - 9 NOES -0
NO. 75
RECOMMITTED ITEM
E. 1. Permian Properties NY, Inc., c/o Cappuccitti, Michael, 2316 Delaware Avenue #163, Buffalo, NY 14216
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Kearns moved;
That a check in the amount of $560.00 be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior
Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein
above named, and delivered to them upon execution and delivery to the Corporation Counsel of proper releases where
such releases are indicated.
PASSED
AYES — BONIFACIO, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, RUSSELL, THOMPSON - 7 NOES — FONTANA,
LOCURTO -2
CIVIL SERVICE
(BONNIE E. RUSSELL, CHAIRPERSON)
NO. 76
APPOINTMENT
RESOURCES DEVELOPMENT TECHNICIAN (INTER) (COMPT) (ITEM NO. 5 -SEPT. 19, 2006)
That Communication 5, Sept. 19, 2006 be received and filed and the provisional appointment of Leonardo
Tempestoso Jr. stated above at the intermediate starting salary of $44,830.00 effective on September 11, 2006 is hereby
approved.
PASSED
AYES - 9 NOES -0
NO. 77
APPOINTMENT
PUMPING PLANT OPERATOR (MAX) (PW) (ITEM NO. 24 -SEPT. 19, 2006)
That Communication 24, Sept. 19, 2006 be received and filed and the temporary promotion of William
Appenheimer stated above at the maximum starting salary of $42,289.00 effective on September 11, 2006 is hereby
approved.
PASSED
AYES - 9 NOES -0
NO. 78
APPT.- DETECTIVE (MAX) (POL) ( #26, 9/19)
That the above item be, and the same hereby is received and filed.
ADOPTED
NO. 79
APPOINTMENT
MOTOR EQUIP. MAINTENANCE SUPV. I (INTER) (POL)
(ITEM NO. 27 -SEPT. 19, 2006)
That Communication 27, Sept. 19, 2006 be received and filed and the intermediate promotion of John Sheely stated
above at the intermediate starting salary of $33,094.00 effective on August 24, 2006 is hereby approved.
PASSED
AYES - 9 NOES -0
NO. 80
NOTICES OF APPT- TEMP. /PROV. /PERM. (C. CLK.)
(#41, 9/19)
That the above item be, and the same hereby is received and filed.
ADOPTED
NO. 81
BUDGET AND PERSONNEL AMENDMENT
20- DEPARTMENT OF POLICE
1100 - COMMISSIONER OF POLICE
(ITEM NO. 132, C.C.P., SEPT. 19, 2006)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mrs. Russell moved:
That the Budget and Personnel Amendment as contained in Item No. 132, C.C.P., September 19, 2006 be and the same
hereby is approved.
PASSED
AYES - 9 NOES -0
NO. 82
R. CONIGLIO -REQ. PAYMENT OF VACATION DAYS
( #71, 7/25)
That the above item be, and the same hereby is received and filed.
ADOPTED.
FINANCE
(BRIAN C. DAVIS, CHAIRMAN)
NO. 83
SETTING ASIDE ST
1ST DAY OF IN REM 40 FORECLOSURE AUCTION FOR FIRST TIME BUYERS
(ASSESS /TAX) (#6,9/19)
That the above item be, and the same hereby is received and filed.
ADOPTED
NO. 84
REPORT OF BIDS - CITY WIDE SIDEWALK REPLACEMENT - 2006 GROUP #658
(ITEM NO. 8, C.C.P., SEPT. 19, 2006)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Davis moved that the above item be recommitted to the Committee on Finance.
ADOPTED
NO. 85
CHANGE IN CONTRACT - CITY HALL SURVEILLANCE SYSTEM - JOB #0549
(ITEM NO. 17, C.C.P., SEPT. 19, 2006)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Davis moved:
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1,
to U & S Services, an increase in the amount of $32,069.00, as more fully described in the above communication, for work
relating to Job No. 0549, City Hall Surveillance System, C #92011125. Funds for this project are being completely paid for
with Federal Homeland Security funds from UASI Yea— 2 Grant, Account #24080467 -- 474100, Project ID #10222 This
approval is conditional on "panic Buttons" being installed on the thirteenth floor in place of cameras
PASSED
AYES — BONIFACIO, DAVIS, FONTANA, GOLOMBEK, KEARNS, RUSSELL, THOMPSON - 7 NOES — FRANCZYK,
LOCURTO -2
NO. 86
GRASS CUTTING INVOICE TRANSFERS
(ITEM NO. 20, C.C.P., SEPT. 19, 2006)
That the invoices as attached to the above communication be abated from miscellaneous accounts receivable
and that the Commissioner of Assessment and Taxation be, and she hereby is authorized to place the charge(s) on the
Local tax rolls for the 2006 Total in the amount of $35,650.00.
PASSED.
AYES -9. NOES -0.
NO. 87
LEASE - KLEINHANS MUSIC HALL
(ITEM NO. 21, C.C.P., SEPT. 19, 2006)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Davis moved that the above item be recommitted to the Committee on Finance.
ADOPTED.
NO. 88
L. KELLY -REQ. OLD FIRST WARD COMM. CTR.-
NEIGHBORHOOD FOOD PANTRY -62 REPUBLIC ( #43,9/19)
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 89
CITY OWNED VEHICLE INSCRIPTION -SEC. 348- CHARTER/ORD. OF COB (FIRE)
( #73,9/19)
( #36, 7/25)
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 90
B. DAVIS -C. WILKINS -REQ. CHANGE OF LOTS - JEFFERSON AVE.-
FIRST CALVERY MISS. BAPTIST CHURCH
(#49,7/11)
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 91
USER FEE ARREARS -278 BRINKMAN (PW) ( #25,5/30)
( #75,6/27)
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 92
PROV. PROP. TAX RELIEF FOR OWNER OCCUPIED NON - HOMESTEAD PROPERTIES
( #109,4/4) ( #77,2/7),( #8,12/27)
That the above item is, and the same hereby is received and filed.
ADOPTED.
NO. 93
SETTING ASIDE 1ST DAY IN -REM 40 FORECLOSURE AUCTION -JUST FOR 1ST TIME BUYERS
( #128,9/5)
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 94
MODEL QUALITY OF LIFE CENTER (POL)
(#43,9/5)
That the above item be, and the same hereby is referred to the Special Committee on Budget.
ADOPTED.
NO. 95
C.O.P.S. INFORMATION (EXC. 1 & 2 RES)
( #147,4/4)
That the above item be, and the same hereby is referred to the Special Committee on Budget.
ADOPTED.
LEGISLATION
(RICHARD A. FONTANA, CHAIRMAN)
NO. 96
ORDINANCE AMENDMENT - CHAPTER 511 - ZONING (USE PERMIT)
(ITEM NO. 121, C.C.P., SEPT. 19, 2006)
That after the hearing before the Committee on Legislation on September 26, 2006, the Ordinance Amendment as
contained in Item No. 121, C.C.P., September 19, 2006, be and the same hereby is approved.
PASSED.
AYES -9. NOES -0.
NO. 97
GML 239 -M FOR COB ORD. AMEND. -ZNG. -USE PERMIT REQ. FOR HUM. SVS. FAC. (LAW)
( #28,9/19)
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 98
J. LINDELOW & O -OPP. TO 511 ORDINANCE
(# 51,9/19)
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 99
M. MANCUSO, PETITION TO USE 1001 MAIN STREET - GROUND SIGN
(ITEM NO. 46, C.C.P., SEPT. 19, 2006)
That after the public hearing before the Committee on Legislation on September 26, 2006, the petition of M.
Mancuso, agent, for permission to use 1001 Main Street for a ground sign be, and hereby is approved.
PASSED.
AYES -9. NOES -0.
NO. 100
J. MANNO, PETITION TO USE 3144 A/K /A 3148 MAIN STREET - OUTDOOR PATIOS /ACCESSORY
(ITEM NO. 47, C.C.P., SEPT. 19, 2006)
That after the public hearing before the Committee on Legislation on September 26, 2006, the petition of J.
Manno, agent, for permission to use 3144 a /k/a 3148 Main Street to install outdoor patios 32'x 5' and 22'x 5 accessory to
a tavern be, and hereby is approved with the conditions that no more than 50 patrons be allowed on the patio and that the
owner add 2 -3 security guards depending on the night.
PASSED.
AYES -9. NOES -0.
NO. 101
D. PAWLIK, PETITION TO USE 658 OHIO STREET - WAREHOUSE ADDITION
(ITEM NO. 48, C.C.P., SEPT. 19, 2006)
That after the public heating before the Committee on Legislation on September 26, 2006, the petition of D.
Pawlik, agent, for permission to use 658 Ohio Street to erect a one story steel warehouse /manufacturing addition 100' x
200' to an existing manufacturing facility "rigidized metals" be, and hereby is approved.
PASSED.
AYES -9. NOES -0.
NO. 102
B. KUFEL, PETITION TO USE 260 EGGERT - GROUND SIGN
(ITEM NO. 49, C.C.P., SEPT. 19, 2006)
That after the public hearing before the Committee on Legislation on September 26, 2006, the petition Of B.
Kufel, agent, for permission to use 260 Eggert for a 4' by 8' wide ground sign at the front to a church be, and hereby is
approved.
PASSED.
AYES -9. NOES -0.
NO. 103
J. GOETZ, PETITION TO USE 244 ALLEN (A/K /A 242, 244 & 246 ALLEN) SIT -IN RESTAURANT
(ITEM NO. 100, C.C.P., SEPT. 5, 2006)
(ITEM NO. 81, C.C.P., SEPT. 19, 2006)
That after the public hearing before the Committee on Legislation on September 12, 2006, the petition of J.
Goetz, agent, for permission to use 244 Allen (a /k/a 242, 244 & 246 Allen) for a sit -in restaurant be, and hereby is
approved.
PASSED.
AYES -9. NOES -0.
NO. 104
M. SANDERS, AGT., USE 224 ALLEN -SIT IN REST /OUTDOOR PATIO (ELL) (HRG. 9/12)
( #82,9/19)
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 105
J. LEONE -260 ALIEN ST. -THE PROPOSAL
(#44,9/19)
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 106
B. DAVIS -D. ELLIS -DAYS PKG. BILK. CLUB - COMMENTS -260 ALLEN ST.- RESTRICTED
USE PERMIT
(#42,9/19)
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 107
K. MOSGELLER, N. PEARL ST. BILK. CLUB - COMPLAINTS -ALLEN ST. BUSINESSES
(#45,9/19)
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 108
K. MOSGELLER & O. -N. PEARL ST. BILK. CLUB - CONCERNS -ALLEN ST. BUSINESSES
( #50,9/19)
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 109
ORD. AMEND.- CHAPTER 235 -HAZ. MATERIALS & WASTES (PW)
( #22,9/19)
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 110
ORDINANCE AMENDMENT - CHAPTER 387 — SIGNS
(ITEM NO. 122, C.C.P., SEPT. 19, 2006)
That after the hearing before the Committee on Legislation on September 26, 2006, the Ordinance Amendment as
contained in Item No. 122, C.C.P., September 19, 2006, be and the same hereby is approved.
PASSED.
AYES -9. NOES -0.
NO. 111
LOCAL LAW INTRO. NO. 16 (2006) DEPARTMENT OF POLICE (CHIEFS)
(ITEM NO. 133, C.C.P., SEPT. 19, 2006)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Fontana moved:
That after the public hearing before the Committee on Legislation on September 26, 2006, the Local Law as contained in
Item No. 133, C.C.P., September 19, 2006, be and the same hereby is approved.
That the Corporation Counsel shall draft and approve as to form a "memorandum of understanding" between the City of
Buffalo and the Board of Education setting forth that the cost for the additional Chief position shall be reimbursed by the
Board of Education.
Passed.
AYES -9. NOES -0.
NO. 112
J. LEONE, PETITION TO USE 260 ALLEN - RESTAURANT
(ITEM NO. 89, C.C.P., JULY 25, 2006)
That after the public hearing before the Committee on Legislation on September 12, 2006, the petition of J.
Leone, agent, for permission to use 260 Alien Street for a restaurant be, and hereby is denied.
ADOPTED.
NO. 113
R. SASALA, PETITION TO USE 253 ALLEN - SIT -IN RESTAURANT /OUTDOOR CAFE
(ITEM NO. 90, C.C.P., JULY 25, 2006)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Fontana moved:
That the above item be and the same hereby is recommitted to the Committee on Legislation.
ADOPTED.
NO. 114
D. MIKA, PETITION TO USE 1250 CLINTON - GROUND SIGN
(ITEM NO. 102, C.C.P., SEPT. 5, 2006)
That the petition of D. Mika, agent, for permission to use 1250 Clinton for a 4' x 6' non - illuminated ground sign
be, and hereby is approved.
PASSED.
AYES -9. NOES -0.
NO. 115
D. MIKA, PETITION TO USE 1437 CLINTON - GROUND SIGN
(ITEM NO. 103, C.C.P., SEPT. 5, 2006)
That the petition of D. Mika, agent, for permission to use 1437 Clinton for a 4' x 6' non - illuminated ground sign
be, and hereby is approved.
PASSED.
AYES -9. NOES -0.
NO. 116
D. MIKA, PETITION TO USE 939 DELAWARE AVENUE - GROUND SIGN
(ITEM NO. 104, C.C.P., SEPT. 5, 2006)
That the petition of D. Mika, agent, for permission to use 939 Delaware Avenue for a 2.5 x 4 ground sign be,
and hereby is approved.
PASSED.
AYES -9. NOES -0.
NO. 117
INCREASE MAX FINE FOR ILLEGAL DUMPING TO $2,500.00
( #163,7/25)
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 118
ORD. AMENDMENT - CHAPTER 235 -HAZ. MATERIALS & WASTES
( #127,9/5)
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 119
ORDINANCE AMENDMENT - CHAPTER 372 - BOUNCER LAW
(ITEM NO. 112, C.C.P., SEPT. 5, 2006)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Fontana moved:
That the above item be and the same hereby is recommitted to the Committee on Legislation.
ADOPTED.
NO. 120
CAPITAL IMPROVEMENTS BUDGET PROCESS -REQ. FOR SUBMISSIONS, ETC. (STRATEGIC. PLANNING)
( #10,9/5)
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 121
APPOINTMENT SPECIAL EVENTS COORDINATOR
(ITEM NO. 2, C.C.P., SEPT. 5, 2006)
That the appointment of Susan Gonzalez, as Special Events Coordinator be, and hereby is approved.
PASSED.
AYES -9. NOES -0.
NO. 122
APPTS.- PRESERVATION BOARD (CP)
( #17,9/5)
That the above item be, and the same hereby is recommitted to the Committee on Legislation.
ADOPTED.
NO. 123
LENGTH OF TIME PERMISSIBLE -HANG BANNER IN COB (EXE. 1ST RES)
(# 138,4/4) ( #134,7/25)
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 124
SIDE STREET SPEED LIMIT
( #110,5/30)
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 125
SIDE STREET SPEED LIMIT (PW)
(#45,6/13)
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 126
ORD. AMENDMENT CHAPTER 265 PROPERTY MANAGERS
( #112,5/30)
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 127
DEMOLITION BY NEGLECT (LAW)
( #26,1/24)
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 128
DEMOLITION BY NEGLECT (2 RES. ONLY)
( #129,4/19)
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 129
REQ. SLA TO REVOKE LIQ. LIC. OF PROBLEM DRINKING
EST WHOSE LIC. WERE REVOKED FOR ILLEGAL ACTIVITY
( #100,11/15)
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 130
REQ. SLA TO REVOKE LIQ. LIC. OF PROBLEM DRINKING EST
WHOSE LIC. WERE REVOKED FOR ILLEGAL ACTIVITY (PERMITS /INSP.)
( #50,12/13)
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 131
FOOD STORE LICENSE - 398 GRANT STREET
(ITEM NO. 49, C.C.P., SEPT. 5, 2006)
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit &
Inspections Services be, and he hereby is authorized to grant a Food Store License to Sahro Abdullah, located at 398
Grant Street.
PASSED.
AYES -9. NOES -0.
NO. 132
FOOD STORE LICENSE - 3211 MAIN STREET
(ITEM NO. 50, C.C.P., SEPT. 5, 2006)
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit &
Inspections Services be, and he hereby is authorized to grant a Food Store License to Daniel Shanahan, located at 3211
Main Street.
PASSED.
AYES -9. NOES -0.
NO. 133
D. & J. SKULSKI -USED CAR DEALER -227 PADEREWSKI
( #58,7/11)
That the above item is, and the same hereby is received and filed.
ADOPTED.
NO. 134
M. KEARNS- POLICE PROCEDURES NEED FOR REVIEW OF911 CALLS
( #90,9/5)
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 135
EDWARD STREET TRAILBLAZER SIGNS "LOUIS STEPHEN LE COUTEULX WAY"
ITEM NO. 172, C.C.P., JULY 25, 2006)
That the Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to install trailblazing
signs beneath the existing street signs on Poles #28, #132 and # 192 on Edward Street proclaiming that portion as "Louis
Stephen Le Couteulx Way."
PASSED.
AYES -9. NOES -0.
NO. 136
TERRORISM PREVENTION IN HAZARDOUS MATERIALS TRANSPORTATION
(# 189,7/25)
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 137
TERRORISM PREVENTION IN HAZARDOUS MATERIALS TRANSPORTATION (DIS. PREP.)
(#4,9/5)
That the above item be, and the same hereby is received and filed.
ADOPTED.
COMMUNITY DEVELOPMENT
(JOSEPH GOLOMBEK JR., CHAIRMAN)
NO. 138
ASSESS ASBESTOS RISK AT H -O OATS (EXC 1 & 2 RES)
( #125,6/13)
( #84,6/27)
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 139
G. ROBINS -OPP. HIGH RISE -GATES CIRCLE
( #94,9/5)
That the above item be, and the same hereby is received and filed.
ADOPTED.
NO. 140
RESULTS OF NEGOTIATIONS - 21 GARNER
(ITEM NO. 9, C.C.P., APR. 18, 2006)
(ITEM NO. 102, C.C.P., MAY 2, 2006)
That the offer from Mr. Said Mubarek, residing at 126 Lawn Avenue, Apartment C, for the purchase of 21
Garner, be and hereby is denied.
ADOPTED.
SPECIAL COMMITTEES
WATERFRONT DEVELOPMENT
MICHAEL P. KEARNS
CHAIRMAN
NO. 141
GRANT FUNDING FROM THE NYS CANAL CORPORATION
(ITEM NO. 122, C.C.P., SEPT. 5, 2006)
That the Common Council 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
That the Common Council supports the submission of an application for funding from the NYS Canal
Corporation through the Erie Canal Greenway Grant Program; and
That the City Clerk's Office sends certified copies of this resolution to the Office of Strategic Planning, the
Department of Economic Development, Permits and Inspection Services, Governor Pataki, the NYS Canal Corporation,
and the members of the Western NY Legislative delegation.
ADOPTED.
NO. 142
PUTTING MARINE DRIVE APARTMENTS ON THE TAX ROLLS
( #131,4/19) ( #119,9/19)
That the above item be, and the same hereby is received and filed.
ADOPTED
Recommended by the Special Committee on Waterfront Development
RESOLUTIONS
NO. 143
BY: MR. BONIFACIO
REQUEST RULES COMMITTEE TO ADD A COMMITTEE MEETING BEFORE COMMON COUNCIL SUMMER
RECESS
Whereas: The Buffalo Common Council ends its yearly session with a regular meeting and not a committee before
breaking for the August Recess; and
Whereas: By conducting a committee meeting before the start of recess, it would give the Common Council the
opportunity to come back from recess and carry on City business without a longer delay; and
Now Therefore Be It Resolved:
That the Common Council's Rules Committee does hereby augment the current schedule by instituting a Committee
Meeting before the start of the August Recess and that it be reflected immediately.
ADOPTED
BY: MR. DAVIS
NO. 144
ORDINANCE AMENDMENT CHAPTER 16, FINANCE
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 16 of the Code of the City of Buffalo be amended to read as follows:
ARTICLE VII - SHARED ASSET FORFEITURE FUND (SAFF)
416 -24 Legislative Intent - Shared Asset Forfeiture Fund (SAFF)
A Shared Asset Forfeiture Fund (SAFF) shall be established in the Department of Police to provide funding to private, not -
for- profit and community based organizations classified as and meeting the requirements of 26 U.S.C. § 501 (U, (3) or U,
for conducting programs associated with law enforcement, crime, drug and alcohol abuse prevention, that contribute to
the safety, betterment, and physical well -being of youth within the City of Buffalo.
The SAFF shall be accounted for in the appropriate fund and account group designated by the Comptroller in accord with
generally accepted accounting principles and regulatory requirements.
The SAFF shall be comprised of fifteen percent (15 %) of all Drug Asset Forfeiture Funds (DAFF) received annually by the
City, interest earned on the investment of idle SAFF, and /or donations from other sources. Currently, U. S. Department of
Justice regulations allow DAFF to be transferred to a SAFF in an amount not to exceed 15% of DAFF
recovered and received by the City during a fiscal year.
SAFF spending shall be in accord with an Approved SAFF Annual Spending Plan that shall be fully expended annually.
SAFF principal shall be used to pay spending plan expenses; idle SAFF shall be invested to maximize interest earnings
thereon. SAFF purchases shall be consumed and /or distributed upon delivery or as soon as possible thereafter and shall
not be stored to create an inventory. SAFF shall not be used for salaries, operating supplies, equipment, capital
improvements, real estate acquisition, SAFFAC expenses, or like expenses.
Unless identified otherwise, all positions and entities referred to herein are as listed in the City Charter and Code.
416 -25 Shared Asset Forfeiture Fund Advisory Committee (SAFFAC)
The Shared Asset Forfeiture Fund Advisory Committee (SAFFAC) shall consist of five
(5) members, each having voting power. The Commissioner of Police shall serve ex-
official; the Mayor and the Common Council shall each appoint two (2) qualified electors who shall serve subject to
confirmation by majority vote of the Common Council.
SAFFAC appointment shall be for a term of and for not more than two U consecutive years excluding appointment during
the unexpired term of a replaced incumbent except that the Mayor and the Common Council shall each initially select one
member who shall serve for a term of three U consecutive years.
SAFFAC membership shall be voluntary and without compensation; however, Committee members may be reimbursed
for authorized expenses to the extent funds are allocated and approved by the Common Council.
416 -26 SAFFAC Duties and Responsibilities
The SAFFAC shall, prescribe its forms and rules of order; initiate actions by majority vote; annually select from amongst
its members a Chairman, Vice - Chairman and Secretary who shall maintain the orderly conduct of SAFFAC actions;
conduct public
hearings and meetings as needed; accept and review SAFF spending applications; and prepare a Recommended SAFF
Annual Spending Plan for submission to the Mayor.
SAFFAC actions and proceedings shall be documented immediately thereafter by filing minutes thereof with the Clerk.
SAFFAC meetings and hearings are subject to the New York State Open Meetings Law, and any requirements thereto.
The SAFFAC shall seek the assistance of the Commissioner of Police, the Corporation
Counsel, the Comptroller and any other City Departments), who shall provide guidance, counsel, advice and assistance
as needed.
416 -27 Reports
The Commissioner of Police shall report the then current guidelines for transferring
DAFF to the SAFF and the amount of DAFF transferred to the SAFF during the current
and prior two fiscal years by January 15 of each year, to the SAFFAC, the Mayor, the Common Council and the
Comptroller.
The Comptroller shall report the financial position of the SAFF as of December 31 and
June 30, by January 10 and July 10 respectively during each year. The report shall list SAFF beginning and ending
balances, commitments and summaries of revenues, interest earnings and expenditures during the period and shall be
filed with the SAFFAC, the Mayor, the Common Council and the Commissioner of Police.
416 -28 Auditing
The Comptroller may audit and /or examine the books and records of any entity receiving or disbursing the SAFF upon
appropriate notice thereto. Any audit performed by the Comptroller shall upon completion, be reported to the SAFFAC, the
Mayor, the Common Council and the Commissioner of Police.
416 -29 The SAFF Recommended Annual Spending Plan
Subject to the availability of at least one - thousand dollars ($1,000.00) of uncommitted SAFF as of December 31 of each
year as reported by the Comptroller, the Commissioner of Police during the month of January, shall make applications
available and accept completed applications for SAFF spending. Prior to their forwarding to the SAFFAC, the
Commissioner of Police shall review each application for compliance with this code and shall certify whether it is
complying or non - complying.
The SAFFAC shall, review all applications received by the Commissioner of Police; conduct public heating(s) within the
community and with community service providers, to seek, encourage and discuss suggestions and ideas for SAFF
spending: prepare a Recommended SAFF Annual Spending Plan that identifies applications and programs that best serve
the needs of the city, their respective funding amount and ranking by importance; and the amount of SAFF (if any)
designated for use in the next annual spending plan. The SAFFAC Recommended SAFF Annual Spending Plan and
supporting applications shall be submitted to the Mayor by March 1 of each year.
The Mayor shall review the SAFFAC Recommended SAFF Annual Spending Plan and
supporting applications for compliance with the goals and objectives of the City, it's Annual Budget and Four -Year Plan;
and shall annotate each recommended application as in compliance, or not -in- compliance and the reason(s) therefore.
The Mayor's Recommended SAFF Annual Spending Plan and supporting applications shall be filed with the Common
Council by April 1 of each year.
416 -30 The SAFF Approved Annual Spending Plan
The Common Council shall review the Mayor's Recommended SAFF Annual Spending
Plan and supporting applications and by majority vote no later than May 1, shall approve
Or deny each spending Plan line item and the corresponding application, thereby creating
The Common Council Approved SAFF Annual Spending Plan.
The Common Council, for any Spending Plan line item and corresponding application that is denied, may authorize and
direct the SAFFAC to reconvene to submit a revised
Recommended SAFF Annual Spending Plan; and shall correspondingly designate a revised temporary timetable to
achieve the spirit and intent of this Code. Notwithstanding, the SAFF annual fiscal period shall conclude June 30.
The Mayor may object to any Recommended SAFF Annual Spending Plan and corresponding Application that is denied
by the Common Council, by the return thereof to the Common Council within ten (10) days thereafter, together with the
reasons for objection. The Common Council may within ten (10) days thereafter, affirm its actions by two - thirds vote of its
members; otherwise, the Mayor's Recommended Spending Plan and supporting application(s) shall be deemed approved.
The Commissioner of Police with the assistance of the Corporation Counsel shall execute the appropriate contract(s) to
which the respective application shall be appended thereto, in accord with the Approved SAFF Annual Spending Plan, as
a prerequisite to program delivery by the successful applicant.
416 -31 Remedies for Violations
Anyperson(s) either employed by or associated with any entity in receipt of SAFF, and /or serving as a Director or Officer
thereof including their successors, shall be responsible for safeguarding SAFF and /or the goods and services procured
therefrom.
The inappropriate and /or illegal spending of the SAFF are considered a theft of government services that may subject
such individual(s) to legal prosecution and responsibility for damages incurred by the City as a result thereof.
APPROVED AS TO FORM
Corporation Counsel
NOTE: Matter underlined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF POLICE
NO. 145
BY: BRIAN C. DAVIS
ELIMINATION OF POCKET PARK, 181 PROSPECT AVENUE
Whereas: The new collaboration of block clubs on the lower West Side of Buffalo (Lower West Side Partnership), West
Village Renaissance Group, Fargo Estate, Kleinhans Community Association, Hispanics United of Buffalo, Holy Cross
Community Efforts, Prospect 200 Block Club, and others has forged a stronger neighborhood presence to assure the
safety and security of the residents of this area; and
Whereas: Certain areas within the Lower West Side have been identified as neighborhood "hot spots" and nuisances
that are frequented by vagrants, drug users, gangs, and other social and criminal persons, and
Whereas: One of these areas that impact the neighborhood children and adults most frequently, adding great concern
for quality of life to the surrounding residents has been identified as the City Owned Property at 181 Prospect Avenue,
corner of Virginia, due to the installed park benches (2) and trash can (1); and
Whereas: Allegedly this site is known for drunken and drugged activity, gangs, fights, and more, threatening the quality
of life for the surrounding residents.
Now, therefore be it resolved: That the Buffalo Common Council supports the removal of the two metal park benches and
the metal trash can from this site; and
Be it further resolved: That the removal of said infrastructure shall take place as soon as possible; and
Be it finally resolved: The reuse of this land as a community garden project will provide a victory to the community as well
as the City, understanding this corner is a designated park.
ADOPTED
NO. 146
BY: BRIAN C. DAVIS
PERMISSION TO HANG A BANNER ACROSS DELAWARE AVENUE
Whereas The organizers of the Trinity White Elephant Sale is requesting permission to temporarily hang a banner across
Delaware Avenue in front of Trinity Episcopal Church located at 371 Delaware Avenue; and
Whereas The said organizer would like the banner to be displayed from October 21, 2006 through November 5, 2006; and
Whereas The organizers of the Trinity White Elephant Sale are familiar with the banner requirements, and will purchase
the necessary bond before the banner is hung.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo grants permission to the organizers of the Trinity White Elephant Sale to
hang a banner at said location advertising the event; and
Be It Finally Resolved:
That the banner meets all the requirements of the Department of Public Works Streets and Parks and that no existing
laws are violated.
Brian C. Davis
Ellicott District Councilmember
PASSED
AYES - 9 NOES -0
10 1 WNEVA
SPONSOR: BRIAN C. DAVIS
ROOMING HOUSE LEGISLATION
Whereas: During the late 19 and early 20 centuries, properties known as a "Rooming Houses" in Buffalo, New York
were utilized as temporary quarters for those from outlying rural areas and other cities and towns who sought work during
the growth and development of our City; and
Whereas: During the progression of the mid -20 century, rooming houses provided a full service to their tenants including
clean rooms with meals and a "surrogate family" atmosphere; and
Whereas: There were approximately 104 "Lodging House" licenses issued in 2004 in the City of Buffalo. Approximately 16
were submitted by known hotels and motels with sufficient staffing to assure compliance with state and local law, and
many "Rooming Houses" are either not recognized or listed in this licensure process; and
Whereas: Improper screening and selection of managers are inconsistent in the enforcement of the "500 foot law" under
the current "Lodging House" Chapter 269. Therefore, under an amendment to this ordinance, legislation to strengthen
licensure of managers of such facilities is necessary; and
Whereas: Single Room Occupancy Multiple Dwellings (SROs), as defined by the New York State Multiple Dwelling Law,
show a clear and definitive difference from hotels, motels, and inns as described in Chapter 269 - Lodging Houses of the
City Charter of Buffalo, New York; and
Whereas: This proposed legislation utilizes the New York State Multiple Dwelling Law as a base for providing the needed
regulations to properly govern these entities while providing safe, secure, and thriving neighborhoods for our City and
protecting the tenants of such properties; and
Whereas: This legislation will call for an additional chapter
(Chapter 270- Rooming Houses)to be added to the City Charter in
order to fully define the needed legislation for Rooming Houses as a separate entity from Lodging Houses (hotels, motels
and inns).
Now, Therefore Be It Resolved: That the City of Buffalo Common Council instructs the Law Department to draft the
appropriate ordinance amendment to the City of Buffalo Charter for "Rooming Houses" for future adoption (approval by
the Buffalo Common Council; and
Be It Further Resolved: That, this new chapter will also address and demand on -site, screened, qualified, and
licensed managers with either a medical or mental health background for each 10 Tenants. This shall be in order to assure
the safety and health of each resident of said buildings /businesses and the residents of the surrounding neighborhoods;
and
Be It Further Resolved: That, this new chapter will also address and demand that a register of all tenants shall be
kept, which will show the name, signature, and room occupied. This register shall be provided to local police or other City
of Buffalo entities /representatives upon request; and
Be It Further Resolved: That, this new chapter will also address and demand that an additional requirement of a
doorbell or buzzer system (security system) to be installed for each room to ensure the sanctity of both tenants in these
structures and the surrounding residents of the neighborhoods; and
Be It Further Resolved: That a moratorium of all new "Lodging House" licensing procedure for facilities other than
branded hotels, motels, and inns is to be instituted to assure compliance for this legislation; and
Be It Further Resolved: That the introduction and promotion of this new legislation will be fully instituted to all citizens
of the City of Buffalo through notification via water bill, user fee, and /or tax statements in order to ensure full recognition
and implementation; and
Be It Finally Resolved: That this resolution remain in the Legislation Committee until deemed no longer necessary.
ADOPT 1 -4 RESOLVES REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION
COUNSEL AND THE COMMISSIONER OF ECONOMIC DEVELOPMENT, PERMITS AND INSPECTIONS
NO. 148
BY: MR. DAVIS
TRANSFER OF FUNDS
COMMON COUNCIL - LEGISLATIVE #8
That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common
Council, the sum of $3,000 be and the same is hereby transferred within Common Council Legislative and said sum is
hereby reappropriated as set forth below:
Common Council Legislative
10102001 - 412002 Hourly Salary $3,000.00
Common Council Legislative
10109004 —458001 $1,500.00
10109004 —458002 $1,500.00
PASSED
AYES - 9 NOES — 0
NO. 149
SPONSOR: COUNCIL MEMBER RICHARD A. FONTANA
CO- SPONSORS: MICHAEL KEARNS, MICHAEL LOCURTO, AND BRIAN DAVIS
KEEPING THE LIGHTS ON AFTER SCHOOL
WHEREAS: Boys and Girls Clubs of Buffalo stands firmly committed to quality after school programs and opportunities
because they:
Provide safe, challenging, engaging and fun learning experiences to help children and youth develop their social,
emotional, physical, cultural and academic skills.
Support working families by ensuring their children are safe and productive after the regular school day ends.
WHEREAS:
Build stronger communities by involving our students, parents, business leaders and adult volunteers in the lives of our
young people, thereby promoting positive relationships among children, youth, families and adults.
Engage families, schools and diverse community partners in advancing the welfare of our children.
WHEREAS: Boys and Girls Clubs of Buffalo has provided significant leadership in the area of community involvement in
the education and well -being of our youth, grounded in the principle that quality after school programs are key to helping
our children become successful adults.
NT1:1ANATI .
WHEREAS: Lights On After School, a national celebration of after school programs on October 12, 2006 promotes the
critical importance of quality after school programs in the lives of children, their families and their communities.
WHEREAS: more than 28 million children in the U.S. Have parents who work outside the home, and 14.3 million children
have no place to go after school.
WHEREAS: many after school programs across the country are facing funding shortfalls so severe that they are being
forced to close their doors and turn off their lights.
THEREFORE BE IT RESOLVED THAT:
Boys and Girls Clubs of Buffalo urges the citizens of Buffalo to ensure that every child has access to a safe, engaging
place where the lights are on after school; And be it further resolved that Common Council enthusiastically endorses
Lights On After school and is committed to innovative after school programs and activities that ensure that the lights stay
on and the doors stay open for all children after school.
ADOPTED
NO. 150
BY: MESSERS FRANCZYK & KEARNS
NAME THE AIRPORT AFTER "WILD BILL" DONOVAN
WHEREAS: As part of the planned redevelopment of Memorial Auditorium involving
Bass Pro, the General William J. Donovan State Office Building will be demolished; and,
WHEREAS: "Wild Bill" Donovan, as he came to be known, had a legendary career as soldier, lawyer, diplomat and spy;
and,
WHEREAS: As Director of the Office of Strategic Services (OSS), in World War II, Donovan is regarded as the father of
the American intelligence services. The (OSS) was forerunner of the Central Intelligence Agency; and,
WHEREAS: Bill Donovan was born on Michigan Avenue in the shadow of the Old First Ward and went on to St. Joseph's
Collegiate Institute and Columbia University; and,
WHEREAS: Under the Command of Black Jack Pershing, Donovan pursued Mexican desperado Pancho Villa, and later
earned the Congressional Medal of Honor during World War I. A Hollywood film about Donovan's exploits staring James
Cagney playing Donovan's colleague was released in the 1940's; and;
WHEREAS: A summary of Donovan's career tells the story of a war hero, candidate for governor of New York State,
confidante of presidents and co- founder of a prestigious international law firm;
NOW THEREFORE BE IT RESOLVED:
That as a fitting tribute to William "Wild Bill" Donovan, the Common Council requests that the Niagara Frontier
Transportation Authority (NFTA) rename the Buffalo- Niagara Airport the General William Donovan Airport. DAVID A.
16RANCZYK
ADOPTED
NO. 151
BY: MR. FRANCZYK
INSTALLING ADDITIONAL DECORATIVE BANNERS IN THE CLINTON BAILEY NEIGHBORHOOD
Whereas The Clinton Bailey Community Association was organized in early 2003 and successfully fought the infamous
"New York City Garbage Train" that harmed the health and safety of their community; and,
Whereas The Clinton Bailey Community Association has since focused on neighborhood beautification projects, quality of
life issues and general community improvements; and,
Whereas The Clinton Bailey Community Association wishes to install eight additional decorative street lamp banners on
the lampposts at 1435, 1453, 1463, 1479, 1491, 1505 Clinton Street and 540 and 518 Bailey Avenue, in order to continue
their ongoing neighborhood beautification efforts; and,
Whereas The Clinton Bailey Community Association will notify the City of Buffalo's Department of Public Works in order to
ensure that all requirements for proper installation are met;
NOW, THEREFORE BE IT RESOLVED:
That this Common Council grant permission to the Clinton Bailey Community Association to hang additional decorative
banners on the above aforementioned street lamp posts.
PASSED
AYES - 9 NOES -0
NO. 152
BY: MR. FRANEZYK
IMPROVE ENFORCEMENT MEASURES AGAINST MOTORISTS WHO VIOLATE NOISE ORDINANCE
Whereas Motorists who violate the noise ordinance create a public nuisance and negatively impact the quality of life of the
residents of the City of Buffalo; and
Whereas The City of Buffalo enacted a Noise Ordinance contained in Chapter 293 of the City Code; and
Whereas Although the Buffalo Police Department has effectively implemented a "zero- tolerance" policy as to quality of life
offenses including an increased enforcement of the noise ordinance, there may be additional opportunities for the City to
address these types of problems; and
Whereas Under the prevailing case law in New York State, police are entitled to arrest a motorist for a violation, in their
presence, of a noise ordinance; and
Whereas Also under the law, police are entitled to impound a vehicle if there is a "reasonable basis to believe that the ear
itself is evidence of a crime," or "if it is supported by probable cause to believe that it is connected to criminal activity or it
furthers police community caretaking functions such as safeguarding streets from traffic congestion, parking violations or
road hazards;" and
Whereas Although violations of the Noise Ordinance are not crimes, many crimes are committed through the use of a
vehicle, including crimes that may involve loud music in which the vehicle could be impounded as evidence; and
Whereas Impounding disorderly vehicles in addition to strengthening the City's enforcement capabilities under the noise
ordinance can be effective tools in improving the quality of life in the City of Buffalo; and,
Whereas Police could easily do license plate number checks on vehicles violating the noise ordinance, or
Whereas: other infractions, to ascertain if there are traffic or other violations or crimes attributed to the vehicle or
operator in question which could warrant impoundment or arrest of the driver;
Now, Therefore Be It Resolved:
That the Buffalo Police Department comment as to the feasibility of implementing a policy of impounding vehicles used in
the commission of crimes, especially quality of life crimes, so long as there is a reasonable basis to believe that the
vehicle is evidence of a crime or if it is supported by probable cause to believe that it is connected to criminal activity or it
furthers police community carctaking functions such as safeguarding streets from traffic congestion, parking violations or
road hazards; and
Be It Further Resolved:
That the Corporation Counsel prepare any necessary ordinance amendments consistent with applicable law providing that
motorists who violate the noise ordinance in the presenea of a police officer may be arrested and punished accordingly.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE COMMISSIONER
OF POLICE
NO. 153
BY MR. GOLOMBEK, MR. KEARNS
THE NFTA TRANSFERRING OUTER HARBOR LAND TO THE ERIE CANAL HARBOR DEVELOPMENT
CORPORATION
Whereas Over two years ago the NFTA, sought to sell the Small Boat Harbor to the State for $4 million; and
Whereas The Buffalo Common Council through legal action sought to stop the transfer of the Small Boat Harbor on the
basis that the City of Buffalo maintained ownership rights to the Small Boat Harbor and to the land commonly referred to
as the Outer Harbor; and
Whereas In addition to the land ownership claim, Councilmembers expressed concern that the NFTA as a bus company
was not the appropriate entity to oversee the development of the City's most valuable asset, the Outer Harbor; and
Whereas The Common Council was criticized by the Buffalo News for standing in the way of waterfront development by
commencing legal action to regain control of our waterfront land; and
Whereas The Council in a 8 -1 vote settled the legal action against the NFTA with the signing of a Memorandum of
Understanding between the City and the NFTA; and
Whereas Two years later the Small Boat Harbor has not been transferred to the State, the Outer Harbor has not been
developed, and the NFTA's desire to transfer the Outer Harbor to the Erie Canal Harbor Development Corporation is
applauded by the Buffalo News because now apparently it does not make sense to have a bus company in charge of
developing our waterfront; and
Whereas The Memorandum of Understanding (see attached copy), as weak as it was between the City and the NFTA
contained specific language to provide some protections to the City:
Development of the Outer Harbor required the City to receive payments in lieu of taxes;
Any lease or sale of the Seaway Pier Parcel, requires that the City receive 50% of any remuneration;
In the event the sum of $500,000 or more has not been spent in development of the Seaway Pier within 10 years, the City
has the option to purchase the Seaway Pier Parcel for $1.00;
The NFTA agrees that the sale proceeds from the transfer of the Small Boat Harbor will be placed in an operating account
to be used for transportation related purposes in Buffalo;
All uses of the Outer Harbor will be required to comply with the City's Local Waterfront Revitalization Plan;
The City will have two representatives who will play a role in the NFTA's redevelopment of the Outer Harbor.
The Memorandum of Understanding states that it is not a binding and that a settlement does not exist "... until and unless
the parties have negotiated, agreed to and executed formal settlement documents.. "; and
Now Therefore Be It Resolved:
That the Buffalo Common Council hereby requests a report from the Corporation Counsel as to the status of the City's
settlement of the Outer Harbor litigation with the NFTA. Specifically, whether formal settlement documents have been
executed?
Be It Further Resolved:
That the Buffalo Common Council requests a report from the Corporation Counsel as to the impact of the NFTA
transferring the Outer Harbor to the Erie Canal Harbor Development Corporation, upon the legal settlement agreement
reached between the City of Buffalo and the NFTA regarding the Outer Harbor?
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, THE CORPORATION COUNSEL, THE NFTA
AND THE ERIE COUNTY HARBOR DEVELOPMENT CORPORATION
NO. 164
BY: MR. GOLOMBEK, JR.
EXEMPTION TO ORDINANCE AMENDMENT 96: BONDS & CONTRACTS
Whereas: In June 2006, the Buffalo Common Council enacted Ordinance Amendment 96: Bonds & Contracts, informally
known as the City Apprenticeship Law; and
Whereas: During the review process leading up to the approval of this law in June, City department personnel,
businesses and community residents were invited to offer their opinions as to the impact the ordinance would have on
doing business with the City of Buffalo; and
Whereas: As with the previous ordinance, this amendment continues to require "all contractors and subcontractors
entering into any construction contracts with the City of Buffalo, to have established apprenticeship agreements
appropriate for the type and scope of work to be performed under the contract;" and
Whereas: The previous ordinance required companies bidding on City contracts to comply with the above noted
apprenticeship requirement only when the contract value exceeded $250,000; and
Whereas: The Ordinance Amendment approved in June 2006, requires that all contracts exceeding $100,000 in value,
must comply and sponsor an apprenticeship program as outlined in Chapter 96; and
Whereas: During the review process leading up to the approval of this law in June 2006, City department personnel and
businesses voiced opposition to LOWERING the contract value amount from $250,000 to $100,000; and
Whereas: Since the approval in June 2006, it has been noticed that fewer companies are bidding on City contracts. In
many cases, only one company is bidding and the companies are larger companies with a previously established
apprentice program; and
Whereas: In addition, the decrease in competitive bids has resulted in the City awarding contracts to bidders for work that
historically has cost less and had been done by a smaller company; and
Whereas: Speculation as to why contract costs are up and bidders are fewer is that it is too costly for a small business to
support an apprentice program under the new City Ordinance and therefore they are not bidding; and
Whereas: The result of higher contract bids being awarded to larger companies means the taxpayers of the City of
Buffalo are paying more for work than they have in the past and small companies are loosing business;
Now, Therefore, Be It Resolved That:
The Common Council of the City of Buffalo does hereby request that the Department of Public Works file a report as to
the number of RFP's and the name of the companies that bid and their bid amounts since Ordinance Amendment Chapter
96 became effective; and
Now, Therefore, Be It Further Resolved That:
The Common Council of the City of Buffalo does hereby request the Corporation Counsel respond as to the legality of
amending Chapter 96 to exempt small businesses, (a business with fewer than 10 employees), or exempt City owned
businesses from this Ordinance: and
Now, Therefore, Be It Further Resolved That:
This Honorable Body requests the Department of Public Works and the Corporation Counsel file their response with the
City Clerk, 1308 City Hall, no later than 2 pro, on Thursday, October 12, 2006; and
Now, Therefore, Be It Finally Resolved That:
This resolution is referred to the appropriate Council Committee for further consideration.
ADOPT 1 S 2 "D AND 3 RD RESOLVES AND THE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 166
SPONSORED BY: MR. KEARNS
CO- SPONSORED BY: MR. FRANCZYK
IMMEDIATE ESTABLISHMENT OF THE PARKS ADVISORY BOARD
Whereas: On July 1, 2004, the City of Buffalo and Erie County entered into agreement for the operation, management and
improvement of the City Parklands; and
Whereas: Article 13.4 of this agreement states, "The City and the County shall establish an oversight committee to
periodically review the operation of the Parklands as provided for in this Agreement and to make non - binding
recommendations with respect thereto. The committee shall include representatives of the respective administrations,
legislative bodies and unions. The County and the City will also continue to work with such neighborhood or community
advisory bodies as may be currently established for any of the Parklands;" and
Whereas: Article X of the Charter and Code of the City of Buffalo, "Parks Advisory Board," which was adopted April 19,
2005 and became effective April 29, 2005, of which Section 6 -54 established such committee to "ensure that the Parks
Department for the County of Erie is providing constant and consistent maintenance of the City of Buffalo parks system"
and that "the Board shall also provide a vehicle for City of Buffalo residents and public officials to voice concerns and
identify issues that require attention by the Parks Department;" and
Whereas: The members of said Board shall be appointed as follows: two representatives appointed by the Mayor, three
representatives appointed by the Council President, one representative appointed by the County Executive, one
representative appointed by the County Legislature, and one representative jointly appointed by the applicable unions.
The City of Buffalo Commissioner of Public Works, Parks and Streets, the Erie County Commissioner of Parks, and the
Executive Director of the Buffalo Olmsted Conservancy shall serve as ex- officio members.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo hereby requests the immediate establishment of the Parks Advisory
Board to ensure that the Parks Department for the County of Erie is providing constant and consistent maintenance of the
City of Buffalo parks system and to provide a vehicle for City of Buffalo residents and public officials to voice concerns and
identify issues that require attention by the Parks Department; and
Now, Therefore, Be It Further Resolved:
That the City Clerk forward certified copies of this resolution to Mayor Byron W. Brown, County
Executive Director Joel A. Giambra, County Legislative Chairperson Lynn M. Marinelli, Erie County
Commissioner of Parks Angelo Sedita, and Executive Director of the Buffalo Olmsted Parks
Conservancy Johnathan M. Holifield.
ADOPT FINAL RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 166
SPONSOR: MICHAEL P. KEARNS
NAME GEORGE J. HARTMAN FIELDS FOOTBALL FIELD IN HONOR OF "PAUL FITZPATRICK"
Whereas In 1993, the Tifft Playfields were renamed the George J. Hartman Fields. George Hartman was a lifelong
resident of South Buffalo who spent forty years coaching, refereeing and working with children at the Babcock Boys Club;
and
Whereas Bishop Timon High School has called the football field at George J. Hartman Fields home for many years; and
Whereas A sign at the front of the playfields declares the football field as "Home of the Tigers "; and
Whereas The Bishop Timon Tigers football team has been led by Paul Fitzpatrick, the legendary coach, who recently
retired after coaching the Timon boys for 28 seasons, compiling a record of 174 wins, 58 losses and 4 ties; and
Whereas During his 28 -year coaching career, Coach Fitzpatrick's teams won 14 league championships and were ranked
#1 in all of Western New York twice; and
Whereas As a student, Paul Fitzpatrick was All- Catholic in both football and basketball. He was the team MVP in both
sports, leading Timon to the Monsignor Martin football championship and the Manhattan Cup basketball championship as
a student athlete; and
Whereas Paul Fitzpatrick's humble leadership and dedication to his players, school, and community have made him a
living legend to his former players, students, assistant coaches, and to all those who have happened come across this
true gentleman;
Now, Therefore be it Resolved That:
To recognize the extraordinary accomplishments Paul Fitzpatrick has made to Timon football and high school athletics,
this Honorable Body does hereby approve the request to name the George J. Hartman Field football field "Paul Fitzpatrick
Field "; and
Be it Further Resolved That:
That the City Clerk be directed to file a notice of intention which directs a public hearing on the proposed naming in
accordance with Chapter 286 of the City Code; and
Be it Finally Resolved That:
The Common Council hereby approves the naming of the George J. Hartman Field football field "Paul Fitzpatrick Field ".
ADOPT 1 ST AND 2 "D RESOLVE THE REAINDER REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 167
BY MR. KEARNS, MR. GOLOMBEK
HAVING A COUNCIL REPRESENTATIVE SERVE ON THE ERIE CANAL HARBOR DEVELOPMENT CORPORATION
Whereas The development of the waterfront is a vital part of revitalizing the City of Buffalo; and
Whereas The Erie Canal Harbor Development Corporation (ECHDC) was formed to serve as a focal point for overseeing
the planning and development of Buffalo's waterfront including serving as the lead contact for the Bass Pro project; and
Whereas The overall investment in the Buffalo waterfront is expected to exceed $100 million and include state, federal,
local and private dollars; and
Whereas When first formed the ECHDC Board of Directors consisted of seven individuals, six of which were from the
private sector; and
Whereas Recently the ECHDC Board of Directors was expanded to include the Erie County Executive and the Mayor of
Buffalo; and
Whereas Given the importance of developing Buffalo's waterfront and the fact that Bass Pro and other waterfront projects
will require some form of Common Council approval, additional representation by the Common Council on ECHDC would
be helpful in terms of providing communication to the Council regarding waterfront projects ; and
Whereas In November of 2004, the City of Buffalo and the NFTA entered into a Memorandum of Understanding to settle
litigation regarding land located in the area commonly referred to as the Outer Harbor; and
Whereas The Memorandum of Understanding provides that the City is entitled to maintain two representatives one to be
appointed by the Mayor and a member to be appointed by the South Buffalo Councilmember to a NFTA committee
overseeing the purchase /lease of the Outer Harbor; and
Whereas The NFTA is now seeking to transfer their ownership of the Outer Harbor land to the Erie Canal Harbor
Development Corporation (ECHDC).
Whereas To comply with the terms of the legal settlement agreement between the City and the NFTA, the City should
have two representatives appointed to the ECHDC.
Now Therefore Be It Resolved:
That the Common Council hereby requests the Erie Canal Harbor Development Corporation place representation from the
Common Council and the Mayor on the Erie Canal Harbor Development Corporation, as required by the terms of the legal
settlement reached between the City and the NFTA regarding the Outer Harbor.
Be It Further Resolved:
That a copy of this resolution be forwarded to the Erie Canal Harbor Development Corporation for their comments.
Be It Finally Resolved:
That this item is referred to an appropriate Committee of the Council for further
follow up and consideration.
ADOPT 1 ST AND 2 "D RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 158
BY BONNIE RUSSELL
REQ NOTIFICATION OF NEW BUSINESS LICENSE APPLICATIONS
Whereas Currently, the Ordinances of the City of Buffalo allow for various Business Licenses to be issued within the City
of Buffalo without any approval by the Common Council; and
Whereas Many businesses are currently operating within the City of Buffalo without prior notice or information being
provided to the Common Council; and
Whereas District Councilmembers field numerous complaints from constituents concerning the operation of some of these
businesses; and
Whereas Common Council Members should be aware of all business operations located within their respective Council
Districts and should also be involved in the approval process for the issuance of their business license; and
Now, Therefore Be It Resolved:
That the Common Council hereby requests that the Corporation Council research the legality of having all New Business
License Applications requiring a Zoning Approval also require Common Council Approval and if legal prepare all
necessary ordinance amendments in order to affect this requirement.
Bonnie E. Russell
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL, THE COMMISSIONER OF
ECONOMIC DEVELOPMENT. PERMITS AND INSPECTIONS
NO. 159
BY MR. THOMPSON
FELICITATIONS /IN MEMORIAM
Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as
indicated:
In Memoriam for James E. Dolovan
By Councilmembers Kearns, Franczyk, & City Clerk Gerald Chwalski
ADOPTED
NO. 160
BY MR. THOMPSON
FELICITATIONS /IN MEMORIAM
Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as
indicated:
Felicitation for Act for Education month
By Councilmember Thompson
ADOPTED
NO. 161
BY: ANTOINE M. THOMPSON
APPOINTMENTS COMMISSIONERS OF DEEDS
Required for the Proper Performance of Public Duties
That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31,2006,
conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of
Buffalo
Christine Ruggiero
Kathleen Harrington
KEVIN LINDER
TOTAL 3
ADOPTED
NO. 162
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13th floor City Hall,
Buffalo, New York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, Oct. 10, 2006 at 9:45 o'clock A.M.
Committee on Finance Tuesday, Oct. 10, 2006 at 10:00 o'clock A.M.
following Civil Service
Committee on Comm. Dev. Tuesday, Oct 10, 2006 at 1:00 o'clock P.M.
Committee on Legislation Tuesday, Oct 10, 2006 at 2:00 o'clock P.M
Special Committees
MBEC Monday, Oct. 16, 2006 at 10:00 o'clock A.M.
in Room 1417 City Hall.
(Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council
Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be,
meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the
respective Chairmen, we can only make notification of what we are made aware.
NO. 163
ADJOURNMENT
On a motion by Mr. Bonifacio, Seconded by Mr. Fontana the Council adjourned at 3:35 pm
GERALD CHWALINSKI CITY CLERK