HomeMy WebLinkAbout05-0810ssCOMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
AUGUST 10, 2005
SPECIAL SESSION
FRUITBELT REDEVELOPMENT COMMITTEE
Brian C. Davis, Chairperson
MAYOR
Hon. Anthony M. Masiello
ACTING COMPTROLLER
Andrew Sanfilippo
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
FILLMORE DISTRICT
David A. Franczyk
PRESIDENT PRO TEMPORE
UNIVERSITY DISTRICT
Bonnie E. Russell
MAJORITY LEADER
DELAWARE DISTRICT
Marc A. Coppola
DISTRICT COUNCIL MEMBERS
BRIAN C. DAVIS - ELLICOTT
RICHARD A. FONTANA - LOVEJOY
ANTOINE M. THOMPSON - MASTEN
DOMINIC J. BONIFACIO Jr. - NIAGARA
JOSEPH GOLOMBEK JR. - NORTH
JEFFREY M. CONRAD - SOUTH
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Bonnie E. Russell
Chairman, Brian C. Davis, Joseph Golombek Jr., Richard A.
Fontana - Members
CLAIMS COMMITTEE: Jeffrey M. Conrad, Chairman,
Richard A. Fontana, Joseph Golombek,Jr., Antoine M.
Thompson - Members
COMMUNITY DEVELOPMENT COMMITTEE: Joseph
Golombek, Jr. Chairman, Dominic J. Bonifacio Jr., Bonnie E.
Russell, Antoine M. Thompson - Members
FINANCE COMMITTEE: Brian C. Davis, Chairman,
Dominic J. Bonifacio, Jr., Jeffrey M. Conrad; Marc A.
Coppola, - Members.
LEGISLATION COMMITTEE: Richard A. Fontana,
Chairman, Dominic J. Bonifacio Jr., Marc A. Coppola,
Bonnie E. Russell - Members
RULES COMMITTEE: David A. Franczyk, Chairman
Marc A. Coppola, Bonnie E. Russell - Members
SPECIAL COMMITTEES
BUDGET COMMITTEE: Dominic J. Bonifacio, Jr.,
Chairman, Marc A. Coppola, Brian C. Davis, Joseph
Golombek, Jr. - Members
MINORITY BUSINESS ENTERPRISE COMMITTEE -
Antoine M. Thompson, Chairman Brian C. Davis, James D.
Griffin
EDUCATION COMMITTEE
Antoine M. Thompson, Chairman, Richard A. Fontana, David
A. Franczyk, Bonnie E. Russell
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
SPECIAL SESSION
WEDNESDAY, AUGUST 10, 2005 AT 2:00 P.M.
PRESENT : Council President Pro Tempore Russell and
Council Members Bonifacio, Conrad, Coppola, Davis,
Fontana, Golombek, and Thompson -8.
ABSENT Council President Franczyk -1.
NO. 1
Mr. Gerald A. Chwalinski
City Clerk
1308 City Hall
Buffalo, New York
Dear Mr. Chwalinski:
Pursuant to Section 3.9 of the Charter of the City of Buffalo,
upon the written request of Five Councilmembers, dated
August 8, 2005 presented to you herewith, I hereby call a
Special Meeting of the Common Council, to be held in the
Council Chambers, City Hall, Buffalo, New York, on August
10 2005 at 2:00 P.M. for the following purposes:
To receive and take appropriate action on
All Items Relating To
1. Perrysburg
Yours very truly,
Bonnie E. Russell
President Pro Tempore of the Council
RECEIVED AND FILED.
Mr. David A. Franczyk
President, Common Council
Dear Sir:
We, the undersigned members of the Common Council,
hereby request that you call a Special Meeting of the
Common Council, pursuant to Section 3.9 of the Charter of
the City of Buffalo, for the following purpose:
To receive and take appropriate action on
All items pertaining to
1. Perrysburg
We request that this Special Meeting be held on August 10,
2005 at 2:00 P.M.
Marc Coppola
Jeffrey M. Conrad
Antoine Thompson
Bonnie E. Russell
Dominic J. Bonifacio, Jr.
Pursuant to Rule 2 of the Rules of Order of the Common
Council of the City of Buffalo, each of the following named
members of the Common Council, to wit:
DOMINIC BONIFACIO
MARC COPPOLA
RICHARD FONTANA
BONNIE E. RUSSELL
JEFFREY M. CONRAD
BRIAN DAVIS
JOSEPH GOLOMBEK
ANTOINE THOMPSON
hereby agrees that he /she received twenty -four (24) hours'
notice of the time and purpose of the Special Meeting of the
Common Council duly called to be held on August 10, 2005
at 2:00 p.m.
STATE OF NEW YORK
COUNTY OF ERIE) ss:
CITY OF BUFFALO)
On this 8th day of August 2005, before me, the subscribers,
personally appeared All Councilmembers
To me known to be the same persons described in and who
executed the foregoing instrument, and they duly and severally
acknowledged to me that they executed the same.
Gerald A. Chwalinski
My Commission Expires 12/31/06
August 8, 2005
TO EACH MEMBER OF THE COMMON COUNCIL:
YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9
of the Charter of the City of Buffalo, upon the written request
of Five Councilmembers, dated August 8, 2005, DAVID A.
FRANCZYK, President of the Common Council, has called a
Special Meeting of the Common Council, to be held in the
Council Chambers, City Hall, Buffalo, New York, on
Wednesday, August 10, 2005 at 2:00 P.M. for the following
purpose:
To receive and take appropriate action on all items relating
to
1) Perrysburg
Yours very truly,
Gerald A. Chwalinski
City Clerk
NO. 2
D. FRANCZYK-
OPPOSITION TO SALE OF J.N. ADAM COMPLEX
To My Esteemed Colleagues of the Buffalo Common
Council:
I am hereby informing you of my ardent opposition to the
sale of the 649 -acre J.N. Adam Hospital complex in
Perrysburg, New York, to the Trathen Land Company, a
logging interest.
This magnificent property, a mere 45- minute drive from
Buffalo, was purchased by the visionary Mayor of Buffalo,
James Noble Adam who then donated the land to our City.
Subsequently, bonds were floated by our City and the
tuberculosis hospital was built. The citizens of Buffalo paid
for and built this complex, it is property held in public trust.
Not only is our City being cheated on the purchase price, a
measly $333,000 when the parcel in question was assessed
at $4 million two years ago, but the bidder has no solid,
written or any plan otherwise to preserve or reuse the
buildings that are listed on the National Historic Register.
Mr. Trathen's primary interest is to log out the 100+ year old
forest of oak, hickory, black cherry, hard maple, etc.
(including some rare species), as well as significant amounts
of trees likely dating back to the Civil War era. Over 250
different species of plants have been identified on the
property, including rare orchids and many plants found only
in Zoar Valley, and Alleghany and Letchworth State Parks,
all of which are State Preserves. The lack of logging on this
site for the past 100 or so years has allowed a tremendous
biodiversity to evolve at this site, a rarity in the eastern half
of the United States.
This Council, charged with the role of leadership and vision,
and protection of the public well being, should not be cowed
and intimidated by a lawsuit filed by someone who so far has
exhibited only personal interest in dealing with this public
trust. As a body we need to show wisdom, courage and
vision in dealing with this unusual public asset, which has
much more potential than a denuded forest and demolished
historic buildings/
Let us continue to oppose this sale. Hasty decisions on
issues of such magnitude often in the future are realized as
the wrong ones. Allowing this sale will change this property
irreparably; which is there now can never be replaced.
I thank you for you thoughtful deliberation in this matter.
RECEIVED AND FILED.
NO. 3
J. N. ADAM HOSPITAL AGREEMENT
I am providing the following information for Common Council
action regarding the proposed agreement between the City
of Buffalo and the State of New York regarding the above -
referenced property. Attached please find the proposed
reverter agreement and parcel descriptions, the necessary
documents for the
City's sale of its reversionary interest in certain parcels of
land in Perrysburg, N.Y. know as the J. N. Adam
reversionary interested in certain parcels of land in
Perrysburg, N.Y. known as J.N. Adam Hospital. The parcels
will be transferred to the State of New York, acting on behalf
of the Hospital. The parcels will be transferred to the State
of New York, acting on behalf of the dormitory authority. The
parcels to be transferred are referenced in a survey
prepared by McIntosh & McIntosh, P.C. dated July 26, 2000,
which was previously provided to the Council.
This agreement will facilitate the following:
1. Sale proceeds to the City of Buffalo in the amount of
$333,900;
2. Transfer of property to the State of New York for sale to
Trathen Co.
3. Future transfer of some parcels by the State of New
York to the Town of Perrysburg, as well as, the water
system and necessary easements;
4. Retaining reversionary interests in the balance of the
property where six homes have been constructed;
5. Prior written approval or disapproval from the City of
Buffalo regarding the removal or demolition of the
music dome in the dining hall.
The Corporation Counsel recommends the approval of the
attached agreement by your Honorable Body.
Mr. Coppola moved:
That the communication from the Corporation Counsel,
dated August 9, 2005, be received and filed; and
That the Corporation Counsel be, and he hereby is
authorized to enter into the agreement between the City of
Buffalo and the People of the State of New York, Dormitory
Authority attached hereto, to transfer certain lands situated
in the Village of Perrysburg owned by the City to the People
for use in the establishment of the JN Adams State Memorial
Hospital including the following conditions:
1. Sale proceeds to the City of Buffalo in the amount of
$333,900;
2. Transfer of property to the State of New York for sale to
Trathen Co;
3. Future transfer of some parcels by the State of New
York to the town of Perrysburg, as well as, the water
system and necessary easements;
4. Retaining reversionary interests in the balance of the
property where the six (6) homes have been
constructed;
5. Prior written approval or disapproval from the City of
Buffalo regarding the removal or demolition of the
music dome in the dining hall.
PASSED.
AYES- BONIFACIO, CONRAD, COPPOLA, DAVIS,
FONTANA, RUSSELL, THOMPSON -7.
NOES - GOLOMBEK -1.
NO. 4
ADJOURNMENT
On a motion by Mr. Coppola, seconded by Mr. Thompson,
the Council adjourned at 2:17 PM.
GERALD A. CHWALINSKI CITY CLERK