HomeMy WebLinkAbout05-0920No.17
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
SEPTEMBER 20, 2005
FIRE AND POLICE PENSION
SEPTEMBER 22, 2005
MAYOR
Hon. Anthony M. Masiello
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 GOLOMBEKJR. - NORTH
JEFFERY CONRAD - SOUTH
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Bonnie E. Russell
Chairman, Brian C. Davis, Joseph Golombek Jr., Richard A.
Fontana - Members
CLAIMS COMMITTEE: Jeffery 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.,Jeffery 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
1-11:2xd /e1 W9161 kh hh111 i94 *�
BUDGET COMMITTEE: Dominic J. Bonifacio, Jr.,
Chairman, Marc A. Coppola, Brian C. Davis, Joseph
Golombek, Jr. - Members
EDUCATION COMMITTEE
Antoine M. Thompson, Chairman, Richard A. Fontana, David
A. Franczyk, Bonnie E. Russell Members
MINORITY BUSINESS ENTERPRISE COMMITTEE -
Antoine M. Thompson, Chairman Brian C. Davis
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, SEPTEMBER 20, 2005
AT 2:00 P.M.
PRESENT – David A. Franczyk, President of the Council, and Council Members Bonifacio, Conrad, Coppola,
Davis , Fontana, Golombek Russell AND Thompson –9
ABSENT-0
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE DIVISION OF CITIZEN SERVICES
NO. 1
MONTHLY REPORT- DIVISION OF CITIZEN
CITIZEN SERVICES- AUGUST, 2005
Dear Members of the Buffalo Common Council:
Attached for your review is the following: (1) Chart of Service Calls for August 2005, (2) Chart of Service Calls for August,
2004- for comparative purposes, and (3) Chart of "Open" calls for July, 2005, as of September 1, 2005.
Service requests were up by 182, in August compared to July, with 240 service requests related to the "final" notice of
Rental Registration that was sent out in late August.
There were no dramatic shifts in service calls, however, Inspection requests remained high at 870, and tree related
requests at 259 are relatively high for this time of year, compared to 130 in August 2004.
Broken tote calls dropped for the fourth straight month to 236, and stolen totes were down to 211.
Permit and Inspection Services held two Saturday inspection blitzes, which brought the responses to the nearly 3,000
inspection requests over the past three months, to over 70 %.
Citizen Services is still trying to improve tracking services in forestry, rodent control, and garbage tote requests. All three
areas are very busy and lack any clerical help and have limited electronic capabilities. All three areas show many
requests going beyond thirty days, however, experience indicates that the requests are being addressed within 30 days,
but the reporting /recording takes longer.
As always, I hope that you find this information helpful.
ATTACHMENTS
RECEIVED AND FILED
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 2
RESPONSE - HOOK & LADDER NO. 12
D. ZABINSKI
NORTH DISTRICT
ITEM NO. 144, C.C.P. SEPTEMBER 6, 2005
The above referenced item is a letter from David Zabinski regarding his interest in 396 Amherst Street (Hook & Ladder
#12).
Ladder #12 will be moving to the new Fire Station now under construction located at Elmwood and Hertel Avenues. This
property will be disposed of in accordance with Article 27 of the City Charter once it has been abandon by the Fire
Department for public use.
We have placed Mr. Zabinski's request on file and will contact him when the property becomes available.
RECEIVED AND FILED
NO. 3
RESULTS OF NEGOTIATIONS
866 FILLMORE, 198.40' S SYCAMORE
VACANT PARCEL: 60'X TO WILSON STREET
ASSESSED VALUATION: $8,000
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 866 Fillmore Avenue from
Mr. David Franczyk and Mrs. Annemarie Franczyk, 858 Fillmore Avenue, Buffalo, New York 14212. Mr. and Mrs.
Franczyk own and reside at 858 Fillmore, which is adjacent to 866 Fillmore and intend to use this vacant parcel for
additional green space.
Please be advised that Mr. David Franczyk is Common Council President for the City of Buffalo. Mr. Franczyk has
followed all requirements to acquire this parcel.
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 of Buffalo by the purchasers.
The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range from
thirty cents (.30) to fifty cents (.50), per square foot.
The results of our negotiations are that Mr. and Mrs. Franczyk have agreed and are prepared to pay three thousand two
hundred dollars ($3,200), forty cents (.40) per square foot for the subject property. They have 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 866 Fillmore to Mr. and Mrs. David Franczyk for the
amount of three thousand two hundred dollars ($3,200j –). I 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. Coppola moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated September 14, 2005,
be received and filed; and
That the offer from Mr. David Franczyk and Mrs. Annemarie Franczyk, residing at 858 Fillmore Avenue, in the sum of
three thousand and two hundred dollars ($3,200.00) for the purchase of 866 Fillmore Avenue, 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 — 8 NOES - 0
COUNCIL PREISDENT DAVID A. FRANCZYK ABSTAINED FROM VOTE
NO. 4
RESULTS OF NEGOTIATIONS
VARIOUS PROPERTIES ON SOUTHAMPTON,
DODGE, MICHIGAN & NORTHAMPTON
The Office of Strategic Planning, Division of Real Estate has received a request from East Side Housing, L.P. to acquire
the attached list of properties in order to construct thirty homes on the fifty -five parcels.
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 results of our negotiations are that East Side Housing, L.P. has agreed and are prepared to pay fifty -five thousand,
($55,000) to acquire the parcels. They have also agreed and is prepared to pay for the cost of the transfer tax, recording
fees and cost of the legal descriptions.
I am recommending that Your Honorable Body approve the sale of
the attached list of properties to East Side Housing, L.P. in the amount of fifty -five thousand dollars ($55,000). 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. Coppola moved
That the sale of the properties listed in the attachment hereto to east side housing, LP in the amount of $55,000, and the
Corporation Counsel may prepare the necessary documents for transfer is hereby approved.
AYES - 9 NOES -0
NO. 6
RESULTS OF NEGOTIATIONS
74 GRISWOLD, 112.62' W WEAVER
VACANT PARCEL: 266'X 9'
ASSESSED VALUATION: $300.
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 74 Griswold from Mr.
Thomas Peinkofer, 461 Weimar Street, Buffalo, New York 14206. Mr. Peinkofer owns and resides at 461 Weimar, which
is adjacent to 74 Griswold and intends to use this vacant landlocked parcel for additional green space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are
no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar residential parcels in the subject area. Sale prices range
from seven cents ($.07) to fifteen cents ($.15), per square foot.
The results of our negotiations are that Mr. Peinkofer has agreed and is prepared to pay one hundred fifty dollars ($150),
seven cents ($.07) per square foot for the subject property. He 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 74 Griswold to Mr. Peinkofer for the amount of one
hundred fifty dollars ($150). 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. Coppola moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated September 14, 2005,
be received and filed; and
That the offer from Mr. Thomas Peinkofer, residing at 461 Weimar Street, in the sum of one hundred and fifty dollars
($150.00) for the purchase of 74 Griswold, 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. 6
RESULTS OF NEGOTIATIONS
74 HAMBURG, N COR. REPUBLIC
VACANT PARCEL: 60'X 100'
ASSESSED VALUATION: $3,900
(FILLMORE DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 74 Hamburg from Mr.
Gerhard Yoskow, President of Dixon Development, Inc., 452 Franklin, Buffalo, New York 14202. Dixon Development Inc.
intends to use the vacant parcel for parking in conjunction with their restaurant / tavern business located at 73 Hamburg.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are
no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar residential parcels of land in the subject area. Sale prices
range from forty cents ($.40) to seventy -five cents ($75), per square foot.
The results of our negotiations are that Dixon Development, Inc has agreed and is prepared to pay two thousand five
hundred dollars ($2,500), fifty cents ($.50) per square foot for the subject property. Dixon Development, Inc. 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 74 Hamburg to Dixon Development, Inc. for the
amount of two thousand five hundred dollars ($2,500). 1 am further recommending that the Corporation Counsel prepare
the necessary documents for the transfer of title and that the Mayor be authorized to execute the same.
Mr. Coppola moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated September 14, 2005,
be received and filed; and
That the offer from Mr. Gerhard Yoskow, President of Dixon Development, Inc., 452 Franklin Street, in the sum of two
thousand and five hundred dollars ($2,500.00) for the purchase of 74 Hamburg, 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
TRANSFER OF TITLE URBAN HOMESTEAD
PROGRAM FROM CITY OF BUFFALO TO
BUFFALO NEIGHBORHOOD REVITALIZATION
CORPORATION
The Office of Strategic Planning, Division of Real Estate has surveyed the city owned lots mentioned on the attached site
list. It has been determined these parcels are not needed for public purchase or future development.
Buffalo Neighborhood Revitalization Corporation, 920 City Hall Buffalo, New York 14202 is under contract to construct
one (1) single family home on this parcel. Title to these parcel will be transferred from the City to Buffalo Neighborhood
Revitalization Corporation to build an affordable, sustainable housing units to be sold to low - mod income purchaser.
Upon sale of the homes to low- rood purchasers, this parcel will become revenue producing through payment of property
taxes. This will also reduce the City inventory of lots and the cost of maintaining them and reduces city wide slum and
blight. The intent of this transaction and project reflects and implements the Office Of Strategic Planning's goal to making
Buffalo's Neighborhoods better for the next generation in the 21st Century. Our collective job is to create sustainable,
economical housing and improve the quality of life opportunities in Buffalo's Neighborhoods by removal of slums and
blight as well seeding streets with affordable decent housing and turning vacant non tax generating properties into tax
generating assets.
The Division of Permit and Inspection Services and Division of Collections have been contacted. There are no property
code violations, taxes or other liens owed to the City of Buffalo by the homesteader.
We, therefore, recommend the City owned lot be designated as Homestead Properties and be transferred to Buffalo
Neighborhood Revitalization Corporation for One Dollar ($1.00) and no more on the following conditions: 1) the specified
structure to be erected on the premises; 2) the structure be sold to a low /mod income buyers; 3) and the purchaser reside
in their new home for a period of not less than ten (10) years.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
FROM THE COMPTROLLER
NO. 8
ANNUAL AUDIT PLAN
2005 -2006
IN ACCORDANCE WITH SEC. 7 -5 OF THE CITY CHARTER, I HEREBY SUBMIT TO THIS HONORABLE BODY THE
ANNUAL AUDIT PLAN.
The Division of Audit, as the auditing body of the Department of Audit and Control, conducted various audits of the
departments of city government. Those submitted to the Council during 2004 -2005 included:
Animal Shelter
Review of BERC Pension Plan
Fuelmaster System for Fleet Gasoline & Diesel Usage
Police Payroll Review
License Division
Performance Audit Report Buffalo Sewer Authority- Single & Sole Source Contracts
Petty Cash Custodian Audit
Audit Employee Retirement System (ERS) vs. Police & Fire Retirement System (PFRS)
Fire Department Demolitions
Annual Audit Plan
Erie Basin Marina Audit
The following list of areas for audits is submitted as the Annual Audit Plan for 2005 -2006.
Annual Report on Board of Education: Office of State Comptroller & State Education Dept Audit of Erie Basin Madrm
Lease
Department of Administration & Finance - Division of Parking Enforcement
Buffalo Common Council Staff (per specific Charter requirement
City of Buffalo Parks Audit of Contract
Fleet Inventory Audit
Department of Administration - Division of Collections
Space Rented by City departments & organizations
Buffalo Economic Renaissance Corporation (BERC)- Loan Receivables
Contract Personnel
Buffalo Sewer Authority contracts and change orders
Buffalo Municipal Housing Authority (BMHA) Audit
City Clerk - Birth & Marriage Licenses
Review of Injured on Duty - Police & Fire Departments
As well, the Division of Audit will continue to conduct performance -type reviews of functions with the intent of maximizing
the efficiency of the process and activities within the following areas"
RECEIVED AND FILED
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NO. 9
NOTIFICATION SERIAL # 10028
NO STANDING - REPEAL
ON EAST DELAVAN AVENUE, NORTH SIDE
BETWEEN FILLMORE AVENUE
AND JEFFERSON AVENUE
(MASTEN DISTRICT)
NO STANDING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies
Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the
agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by
repealing therefrom the following: NO STANDING
PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD - DAILY
East Delavan Avenue, north side At all times
.between Fillmore Avenue and Jefferson Avenue
This action is being taken in order to provide additional on street parking on East Delavan Avenue. (see next 3 serials)
NOTIFICATION SERIAL # 10029
INSTALL NO STANDING
ON EAST DELAVAN AVENUE, NORTH SIDE
BETWEEN FILLMORE AVENUE
AND HUMBOLDT PARKWAY
(MASTEN DISTRICT)
NO STANDING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies
Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the
agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by
adding thereto the following: NO STANDING
PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD
East Delavan Avenue, north side At all times.
between Fillmore Avenue
and Humboldt Parkway
This action is being taken in order to provide additional on street parking on East Delavan Avenue. (see previous and next
2 serials)
NOTIFICATION SERIAL # 10030
INSTALL NO STANDING
ON EAST DELAVAN AVENUE, NORTH SIDE
BETWEEN HUMBOLDT PARKWAY
AND JEFFERSON AVENUE
(MASTEN DISTRICT)
NO STANDING - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies
Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the
agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by
adding thereto the following: NO STANDING
PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD
East Delavan Avenue, north side 7:00 am to 9:00 am
between Humboldt Parkway and Except Saturday and Sunday
Jefferson Avenue
This action is being taken in order to provide additional on street parking on East Delavan Avenue. (see next and previous
2 serials)
NOTIFICATION SERIAL # 10031
PERMISSIVE PARKING - REPEAL
ON EAST DELAVAN AVENUE, SOUTH SIDE
BETWEEN JEFFERSON AVENUE
AND HUMBOLDT PARKWAY
(MASTEN DISTRICT)
PERMISSIVE PARKING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies
Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the
agenda as an item business.
That that part of Subdivision25 Section 15 of Chapter 479 of Ordinances of the City of Buffalo supplemented by repealing
therefrom the following: PERMISSIVE PARKING
PERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE PARKING - DAILY
East Delavan Avenue, south side 2 hour parking
between Jefferson Avenue and 7am to 4pm
Humboldt Parkway.
Except Saturday and Sunday
This action is being taken in order to provide additional on street parking on East Delavan Avenue. (see previous 3
serials)
NOTIFICATION SERIAL # 10032
REPEAL STOP SIGN
IN RICHMOND AVENUE
AT BIRD AVENUE
(NIAGARA AND NORTH DISTRICTS)
STOP SIGNS - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies
Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the
agenda as an item business.
That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by
repealing therefrom the following: STOP SIGNS
VEHICLES ON SHALL STOP BEFORE ENTERING
Richmond Avenue Bird Ave
This action is being taken in order to improve traffic flow on Richmond Avenue at Bird Avenue. Bird Avenue is a one way
street with all traffic heading away from Richmond Avenue.
Waive 45 Days
RECEIVED AND FILED
NO. 10
BUFFALO WATER BOARD - AMERICAN WATER SERVICES
( NEW VEHICLE PURCHASE & TRADE -INS
As per the agreement between the Buffalo Water Board and American Water Services, I have approved the purchase and
trade -in of the following vehicles owned by the Buffalo Water Board. The net cost ($3,691.25) of these vehicles was paid
for by American Water Services as per the terms of the contract.
Vehicles Purchased:
2006 International Model 7300 42 Cab & Chassis
2006 Dumpbody
Vehicles Traded:
2000 International Tandem Dump #202
1998 Jeep Cherokee #85
This information is being sent to the Council for information purposes only.
RECEIVED AND FILED
NO. 11
REPORT OF BIDS
KLEINHANS MUSIC HALL SITE PERIMETER RESTORATION
GR. #627 -A, P & J CONSTRUCTION CO., INC.
ITEM #126, C.C.P. 3/3/98
This is to advise your Honorable Body that I have advertised and received bids
In obtaining bids for the above project, I have asked for bids on a unit price covering 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 bids were received:
Unit Price Increase Base Bid Unit Price Increase
P & J Construction Co., Inc. $164,750.00 $181,225.00
709 Pleasant View Drive, Lancaster, NY 14086
C & C Contractors, Inc. $169,435.00 $185,910.00
971 Ransom Road, Lancaster, NY 14086
1 hereby certify that the lowest responsible bidder for the above project is P & J Construction Co., Inc. I respectfully
recommend that your Honorable Body authorize a contract award in the amount of $181,225.00 ( $164,750.00 Base Bid +
10% unit price inerease $16,475.00 = Total Award $181,225.00 ). Funds for this work are in Public Works Account
#30032106, #31246606 & #38310506. The engineers estimate for this work is $175,000.00.
The attached is certified to be a true and correct statement of the two (2) lowest bids received. Under provisions of the
General Municipal Law, any of the bidders may withdraw his bid if an award of the contract is not made by October 22,
2005. Individual bid submissions are available in our office for inspection and copies are available upon request.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated September 8, 2005, 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
Kleinhans Music Hall Site Perimeter Restoration, Group #627 -A, to P & J Construction Co., Inc., the lowest responsible
bidder, in the amount of $181,225.00 ($164,750.00 Base Bid + 10% unit price increase $16,475.00 = Total Award
$181,225.00). Funds for the project are available in Public Works Account #30032106, #31246606 & #38310506.
PASSED
NO. 12
REPORT OF BIDS - MARTIN LUTHUR KING JR.PARK
IMPROVEMENTS (CCAP GRANT) (MASTEN)
I have previously requested and received permission to take bids for tire above project, item 32, CC 7/10/01. 1 advertised
on August 31, 2005 and have received the following bids for the construction of Martin Luthur King Jr.Park Improvements
(CCAP Grant), which were publicly opened and read on September 13, 2005:
Contractor Base Bid
Titan Development $74,997.00
8534 Seaman Rd
Gasport, NY 14067
Gleason's Nursery $86,714.00
4780 Sheridan Dr
Williamsville, NY 14221
American Paving $93,400.00
5880 Thompson Rd
Clarence Center, NY 14032
1 hereby certify the foregoing is a true and correct statement of the bids received and that Titan Development is the lowest
responsible bidder in accordance with the plans and specifications; and that the contract amount is $74,997.00. 1 request
that your Honorable Body authorize the Commissioner of Public Works, Parks, and Streets to order the work on the basis
of the low bid. Funds for this work will be available in Bond Fund number 38400106. This work is being funded through a
NY State Community Capital Asssistance Grant in the amount of $80,000.00 and we further request your Honorable Body
approve the acceptance and deposit of the funds in the City Bond Account when they are reimbursed upon completion of
the contrract.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated August 31, 2005, 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 Martin
Luther King Jr. Park Improvements, to Titan Development, the lowest responsible bidder, in the amount of $74,997.00.
Funds for the project are being funded through a NYS Community Capital Assistance Grant in the amount of $80,000.00
and the Common Council approve the acceptance and deposit of the funds in the City Bond Account when they are
reimbursed upon the completion of the contract.
PASSED
AYES - 9 NOES -0
NO. 13
REPORT OF BIDS
SENECA STREET GARAGE
INSTALL SAFETY MONITORING EQUIPMENT
JOB NO. 0517
LOVEJOY DISTRICT
I advertised for on August 16, 2005 and received the following formal bids for the Seneca Street Garage, Install Safety
Monitoring Equipment, on September 8, 2005.
Weydman Electric
747 Young, Tonwanda, NY
CIR Electrical $96,300.00
2750 Kenmore, Tonawanda, NY
I hereby certify that the foregoing is a true and correct statement of all bids received and that Weydman Electric, with a bid
of Seventy Seven Thousand Seven Hundred Forty Seven and 001100 Dollars ($77,747.00), is the lowest responsible
bidder in accordance with the plans and specifications:
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work
on the basis of the low bids. Funds for this project are available in 38321106 445100 - Buildings.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated September 9, 2005, 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
Seneca Street Garage, Install Safety Monitoring Equipment, to Weydman Electric, the lowest responsible bidder, in the
amount of $77,747.00. Funds for the project are available in 38321106 445100 - Buildings.
PASSED
AYES - 9 NOES — 0
No. 14
Change in Contract
Elmwood Hertel Fire Station
Construction
Job #0436
North District
I hereby submit to Your Honorable Body the following changes for the Elmwood Hertel Fire Station, Construction,
Electrical Work, Tunney Electric, C #92010969.
1. Supply and install four (4) exterior wall -pack light fixtures. Add $ 4,960.00
2. Supply and install one (1) 1" conduit and ten (10) #14 control wires to generator location Add $ 2,841.00
The foregoing change results in a net increase in the contract of Seven Thousand Eight Hundred One and 00/100 Dollars
($7,801.00).
SUMMARY
Current Contract Amount $178,175.00
Amount of This Change Order ( #2) ADD $ 7,801.00
Revised Contract Amount $185,976.00
Costs have been reviewed by the Consulting Architect (Carmina & Wood, PC, Architecture & Engineering) and the
Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in
30062306 445100 - Division of Buildings.
I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order
to the contractor as set forth above.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated September 13, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be; and he hereby is authorized to issue change order No. 2,
to Tunney Electric, an increase in the amount of $7,801.00, as more fully described in the above communication, for work
relating to Job No. 0436, Elmwood Hertel Fire Station Construction, C #92010969. Funds for this project are available in
30062306 445100 - Division of Buildings.
PASSED
AYES — 8 NOES — 1
AYES — BONIFACIO, CONRAD, COPPOLA, DAVIS, FONTANA, FRANCZYK, RUSSELL AND THOMPSON
NOES — GOLOMBEK
NO. 16
Change in Contract
North Jefferson Library
Construction
Job #0324
Masten District
I hereby submit to Your Honorable Body the following changes for the North Jefferson Library, Construction, Plumbing
Work, W. C. Roberson Plumbing and Construction Corp., C #92010850.
1. RFI #81. Due to insufficient flow for dry sprinkler system, substitute
4" mains in the African American Resource Room. Add $ 5,261.25
2. RFI #116. Relocate Inspector's Test Station outside the West Mechanical Room. Add $ 2,748.50
3. RFI #119. Relocate Lobby sprinkler heads to avoid conflicts
with ductwork. Add $ 1,109.75
4. RFI #119. Relocate Reference Area sprinkler heads to avoid conflicts with ductwork. Add $ 1,109.75
1. RFI #119. Add extra sprinkler work to run dry sprinklers through ducts
in African American Resource Room to avoid conflicts with ductwork. Add $ 2,369.00
The foregoing change results in a net increase in the contract of Twelve Thousand Five Hundred Ninety Eight and 25/100
Dollars ($12,598.25).
SUMMARY
Current Contract Amount $187,631.79
Amount of This Change Order ( #2) ADD $ 12,598.25
Revised Contract Amount $200,230.04
Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, Architect) and the Department of Public
Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 38321 006 445100 -
Division of Buildings.
I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order
to the contractor as set forth above.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated September 12, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2,
to W. C. Roberson Plumbing and Construction Corp., an increase in the amount of $12,598.25, as more fully described in
the above communication, for work relating to Job No. 0324, North Jefferson Library Construction, C #92010850. Funds
for this project are available in 38321006 445100 - Division of Buildings.
PASSED
AYES — 9 NOES — 0
NO. 16
Change in Contract
North Jefferson Library
Construction
Job #0324
Masten District
I hereby submit to Your Honorable Body the following changes for the North Jefferson Library, Construction, HVAC Work,
W. C. Roberson Plumbing and Construction Corp., C #92010865.
1. Modify air ducts to reduce noise conveyed to library spaces. Add $ 10,611.00
The foregoing change results in a net increase in the contract of Ten Thousand Six Hundred Eleven and 00/100 Dollars
($10,611.00).
SUMMARY
Current Contract Amount $613,531.53
Amount of This Change Order ( #4) ADD $ 10,611.00
Revised Contract Amount $624,142.53
Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, Architect) and the Department of Public
Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 38321006 445100 -
Division of Buildings.
I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order
to the contractor as set forth above.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated September 12, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 4,
to W. C. Roberson Plumbing and Construction Corp., an increase in the amount of $10,611.00, as more fully described in
the above communication, for work relating to Job No. 0324, North Jefferson Library Construction, C #92010865. Funds
for this project are available in 38321006 445100 - Division of Buildings.
PASSED
AYES — 9 NOES — 0
NO. 17
Change Parking Regulations
1616 Jefferson Avenue
Masten District
CCP #117 of 5/17/05
This is in response to the item referenced above which was referred to our department for investigation. Upon reviewing
this matter be advised that our department has completed sign changes on Jefferson Ave. and E. Delavan to allow
parking in the vicinity of 1616 Jefferson Ave.
In order to accomplish this it was necessary to relocate a bus stop on Jefferson Ave. and shorten a "No Parking Here to
Comer" restriction on E. Delavan from 125 feet to 50 feet. The new 50 feet restricted area is necessary to provide a
proper traffic flow and timing movements from northbound Jefferson Ave. onto eastbound E. Delavan Ave.
RECEIVED AND FILED
NO. 18
SETTLEDMENT RELAEASE AGREEMENTR
BETWEEN COB & PARNASSOS
In accordance with the Settlement and Release Agreement between the City of Buffalo and Parnassos, L.P., I /k/a
Adelphia Communications please find enclosed a check in the amount of $235,540.23.
1 appreciate your patience during this time. Please call me if you have any questions or concerns.
RECEIVED AND FILED
NO. 19
24 Myrtle Avenue;
Conduit within City right of way
(Ellicott District)
Mr. James T. Sandoro, owner of 24 Myrtle Avenue and several adjoining properties, has requested permission to
encroach City right of way at several locations in the area with electrical conduit. The conduit will connect the Buffalo
Transportation /Pierce Arrow Museum with other properties and cross the following street right of ways:
Michigan Avenue, north of Myrtle Street
Butler Place, from Myrtle to Seneca Street
Seneca Street, at Butler Place
Carroll Street, east of Michigan Avenue
Exchange Street, east of Michigan Avenue
The conduit is necessary in order to provide electrical service to adjoining properties, which provides lighting and powers
security systems. The conduit will also allow Mr. Sandoro to connect existing buildings for communications and computer
connection purposes.
The Department of Public Works, Parks and Streets has reviewed this request pursuant to Chapter 413 -67
(Encroachment Regulations) of the City Charter and has no objection to Your Honorable Body authorizing the
Commissioner of Public Works, Parks and Streets to issue a "Mere License" to Mr. Sandoro for said" conduit installation
provided the following conditions are met:
1. That the applicant obtain any and all City of Buffalo permits necessary for said installation, including a street cut
permit.
2. That the conduit is installed, and City right of way restored, according to Department of Public Works, Parks and
Streets Standard Specifications.
3. That the applicant supply the Department of Public Works, Parks and Streets with a set of "as built" plans depicting
the exact location of said conduit upon completion of the project.
4. That the applicant provide the Department of Public Works, Parks and Streets with a construction in street bond or
Certificate of Insurance which will indemnify and save harmless the City of Buffalo against any and all loss or
damage arising out of the construction, maintenance, use or removal of said conduit.
5. That, as an owner of underground facilities, the applicant become an active member of Dig Safely New York as
required by New York State Law, Code 753.
Mr. Coppola moved:
That the above communication from the Department of Permit & Inspections Services dated September 15, 2005 be
received and filed; and
That the Commissioner of Department of Permit & Inspections Services be, and he hereby is authorized to issue a "mere
license" to Mr. James Sandoro, owner of
24 Myrtle Avenue, to install an electrical conduit at the locations listed above, to connect the Buffalo Transportation /Pierce
Arrow Museum with properties across the listed street right of ways, subject to the conditions as listed above.
PASSED
AYES — 9 NOES — 0
NO. 20
1170 Niagara Street;
Large planter box within
City right of way
(Niagara District)
Mr. Gord Cummings, of Rich Products, has requested permission to encroach City right -of -way at 1170 Niagara Street
with a precast concrete planter. The planter is part of a parking lot improvement project and would be located within City
right of way between the public sidewalk and the existing parking lot. The planter would measure 6 feet in width, 200 feet
in length and 2 feet in height.
The Department of Public Works, Parks and Streets has reviewed this application pursuant to Chapter 413, Section 67
(Encroachment Regulations) of the City Charter and recommends that Your Honorable Body refer this item to the
Planning Board for the necessary site plan review and approval. If approved by the Planning Board and Your Honorable
Body the Commissioner will issue a "Mere License" for said encroachment provided the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits necessary.
2. That the applicant be responsible for maintenance of said planter as long as it remains within City right of way.
3. That the applicant be responsible for any relocating of existing underground utilities that becomes necessary
4. That the applicant supply the City of Buffalo a certificate of insurance, in an amount deemed sufficient by the
Corporation Counsel, which will indemnify and save harmless the City of Buffalo against any and all loss and
damage arising out of the construction, maintenance, use and removal of said planter.
Mr. Coppola moved:
That the above communication from the Department of Permit & Inspections Services dated September 15, 2005 be
received and filed; and
That the Commissioner of Department of Permit & Inspections Services be, and he hereby is authorized to issue a "mere
license" to Mr. Gord Cummings, of Rich Products, applicant, located at 1170 Niagara Street, to install a precast concrete
planter to measure 6'x 200' in length and 2' in height which would encroach city right -of -way at said address and the
existing parking lot, subject to the conditions as listed above.
PASSED
AYES — 9 NOES — 0
NO. 21
Repair to City Pavements - 2006
Group #636 - Thomann Asphalt Paving Corp.
Contract #92010977
1 hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project. This
change order was necessary to improve drainage and pave a portion of the parking tot at the 1120 Seneca Street
Department of Public Works Maintenance Facility.
Change order quantities are as follows:
Contract
Unit
Estimated
Estimated
Item
Description
Price
Quantity
Cost
04.150S
Base, Binder,Top -Hand Laid Pave. Repairs
$160.00 /ton
100 tons
$16,000.00
05.416S
Sawing Pavement /Concrete Base
$3.50 /lin.fl.
600 fin.ft.
$2,100.00
08.11 OAS
Install 10" Sewer Pipe (not in pavement)
$35.00 /lin.fl.
300 lin.fl.
$10,500.00
08.110BS
Install 10" Sewer Pipe (in pavement)
$45.00 /lin.fl.
300 lin.fl.
$13,500.00
08.522S
2' x 2' Catch Basin
$2,350.00 /each
2 each
$4,700.00
Increase in Contract
$46,800.00
Original Contract $ 259,650.63
Increase in
Contract $ 46,800.00
Total Contract to Date $ 306,450.63
Funds for this change order are available in Division of Engineering Account #30032106 - 445100.
1 respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your
Honorable Body approve the subject Change order and authorize the Commissioner of Public Works to issue said change
order to Thomarm Asphalt Paving Corp.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated August 30, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to
Thomann Asphalt Paving Corp., an increase in the amount of $46,800.00, as more fully described in the above
communication, for work relating to Repair to City Pavements - 2005, Group #636, C #92010977. Funds for this project
are available in Division of Engineering Account #30032106 - 445100.
PASSED
AYES — 9 NOES — 0
NO. 22
Request Removal
No Parking Signs on Brinkman Ave.
Lovejoy District
CCP #66 of 6/3/06
This is in response to the subject item that was referred to our department for investigation.
Upon reviewing this item our department made signage changes as requested on Brinkman Ave. to the satisfaction of
Sister Janet DiPasquale of the TRY Program.
RECEIVED AND FILED
FROM THE COMMISSIONER OF POLICE
NO. 23
[ "Enforcement of Illegal Dumping Ordinances "]
[Item #161, C.C.P. April 13, 2004: ]
The following information is submitted per the Council's request for a monthly report from the Buffalo Police Department
documenting the number of citations and adjudication's thereof of the city's illegal dumping ordinances:
August, 2005
Total 2
August 2004
Total 10
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 24
[ "Enforcement of Noise Ordinances "]
[Item #161, C.C.P. April 13, 2004:]
The following information is submitted per the Council's request for a monthly report from the Buffalo Police Department
documenting the number of noise ordinance citations and adjudication:
August, 2005
Total: 124
August, 2004
Total: 25
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 26
City of Buffalo, Police Department
RE: "Utilizing Flexible Fuel Vehicles"
Res. #121 CCP 071206
Pursuant to the request from Councilmember Joseph Golombek dated July 12, 2005, the Buffalo Police Department
submits the following response regarding, "Utilizing Flexible Fuel Vehicles:"
The Buffalo Police Department has not purchased vehicles with the flexible fuel option. Our current refueling station at the
Seneca St. Garage does not dispense E85 gasoline and it will be necessary to ensure a reasonably located, as well as, a
reliable supply of the E85 gasoline in order to give the idea further consideration.
Research of manufacturers offering vehicles with the flexible fuel option, indicates that the Police Department can
consider the implementation of flexible fuel vehicles (FFV) primarily for its unmarked and special -use vehicles portion of
the fleet. The Department encourages pursuing the FFV options and would be a willing partner in any pilot program. It
should be noted, that the current New York State Law citing the use of ethanol - capable vehicles specifically exempts
police vehicles.
If you have any questions or concerns regarding this subject, kindly contact Chief Richard Ortiz at 851 -5181.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE CORPORATION COUNSEL
NO. 26
Dog Control Officers Becoming Peace Officers
Items #148, C.C.P. 07/26/05
1 am in receipt of the above - referenced Common Council Communication. As per the request of your Honorable Body, I
am providing information regarding dog control officers becoming peace officers.
Criminal Procedure Law §2.10 does allow dog control officers to obtain peace officer status. However, the section
specifically outlines that it does not authorize dog control officers "to carry, possess, repair or dispose of a firearm unless
the appropriate license therefor has been issued pursuant to section 400.00 of the Penal Law."
Agriculture and Markets Law §114 provides for the powers of dog control officers related to the enforcement of those
sections of that statute for animal control issues. It is my belief that dog control officers currently have sufficient authority
to enforce the relevant sections of the Agriculture and Markets Law, including but not limited to, the power to issue an
appearance ticket pursuant to the Criminal Procedure Law, to serve a summons, and to serve and execute any other
order or process in the execution of the provision of the Agriculture and Markets Law.
At this time, I do not believe peace officer status is necessary for dog control officers, but if there is something specific that
needs to be addressed regarding their authority and the hindrance of enforcing the current animal control statutes and /or
ordinances, please advise this office, and further review of this matter will be completed.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 27
§30 -11, Lighting and Power Service
Items #56, C.C.P. 09/06/05
1 am in receipt of the above - referenced Common Council Communications. As per the request of your Honorable Body, I
am providing information regarding utilizing a consultant to evaluate our energy usage and procurement.
There are no legal barriers with respect to utilizing a consultant in this area, and I agree with the Department of Public
Works, Parks and Streets, that this information would be useful and beneficial to the City of Buffalo, as long as there is an
appropriate budget allocation for this expense.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 28
Proposal to Renovate and Use Building at Prospect Park
Item #38, C.C.P. 07/26/05
1 am in receipt of the above - referenced Common Council Communications. As per the request of your Honorable Body,
am providing information regarding the proposed renovation and use of an abandoned building at Prospect Park.
At this time, I do not believe it would be necessary to solicit any additional proposals for use of the abandoned building.
However, it would be necessary for Mary Tomaselli to submit a detailed plan for renovation and reuse of the building to
the Commissioner of Public Works and Streets, and the Commissioner of Permits and Inspections. After that plan has
been reviewed by the appropriate personnel, a final determination can be made whether or not a request for additional
proposals is necessary.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES
NO. 29
Used Car Dealer
419 Broadway (Elicott)
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 419 Broadway 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
Patricia Harwell The attached thereto for Patricia Harwell. d /b /a The New Clean & Serene Auto Sales. This request is
submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
NO. 30
Log Sheet for Broken Street Lights in all City Vehicles
In response to your resolution requiring log sheets in City vehicles for broken street lights, please be advised that I have
asked Paul Brown from the City Print Shop to design, in conjunction with George Kraus from Public Works -Div. of Street
Lighting, just such a log sheet (see attached). Mr. Brown has made sufficient copies of the log sheet and has provided
copies to Commissioners to cover all city vehicles. We have also taken the liberty of instructing dept heads, per the
requirement of the resolution, to collect these log sheets on a weekly basis and submit /fax to Mr. Kraus. I trust this
satisfactorily addresses your inquiry.
RECEIVED AND FILED
FROM THE COMMISSIONER OF HUMAN RESOURCES
NO. 31
UPDATE
HEALTH INSURANCE INITIATIVE
This memo is to inform you of the approach the City of Buffalo is taking to respond to the introduction of Medicare Part D.
It also describes other initiatives we are undertaking to address the rising costs of health care.
Medicare Part D
Medicare Part D is insurance provided by private companies that have been approved by Medicare. Starting January 1,
2006, new Medicare Part D coverage will be made available to everyone with Medicare. This coverage may help lower
prescription drug costs and help protect against higher costs in the future. For employers currently providing prescription
drug coverage to retirees, there are alternative approaches to providing the Part D benefits.
Our approach will be to continue to provide prescription drug benefits in place of retirees' participation in Medicare Part D.
In exchange, the City of Buffalo can collect a federal subsidy. The subsidy is essentially an incentive payment to
employers who continue to sponsor a prescription drug benefit program that exceeds the federal benchmark. The City of
Buffalo will receive the subsidy for each of its retirees who do not enroll in Medicare Part D, but who remain in the
employer plan. To get the subsidy, the City of Buffalo's plans must satisfy certain benefit and contribution equivalency
tests when compared to the standard Medicare Part D plan. We believe that our coverage is at least equal to or even
better than the coverage provided by Medicare Part D so our coverage will satisfy the required tests.
The City of Buffalo will encourage retirees not to enroll in the Medicare Part D program. Retirees will receive a Notice of
Creditable Coverage from the City of Buffalo that assures them that the prescription drug coverage provided by the City of
Buffalo is at least as good as the coverage provided by Medicare Part D. This notice will also serve as verification of
uninterrupted equivalent coverage. In the event the City of Buffalo terminates retiree prescription drug coverage at some
point, the notification allows retirees to enroll in Medicare Part D without paying a late enrollment penalty.
Communication to Retirees on Medicare Part D
Retirees will begin receiving Medicare information and Part D enrollment materials from private health plans and the
Centers for Medicare and Medicaid (CMS) in October. The initial enrollment for Medicare Part D will run from November
15, 2005 through May 15, 2006. In September, the City of Buffalo will provide retirees an overview of our program along
with an outline of the communications they can expect to receive from the City of Buffalo and from CMS. Our
communication materials will explain Medicare Part D, inform retirees and their dependents of the choices they can make,
and encourage them to remain in the City's plan to avoid paying for duplicate coverage.
Initiatives to Control Rising Health Care Costs
To help control the rising cost of providing health care coverage to employees and retirees, while still maintaininc
competitive health care plans, the City of Buffalo is exploring the following alternatives:
Alternative Funding- We will explore alternative funding arrangements with Blue Cross /Blue Shield. Currently, our plans
are fully insured. We will look to determine whether a self- insured arrangement will help us save on health care costs.
Under self- funding, the City will be able to duplicate the benefit plans currently being offered, but will have the opportunity
to reduce costs through potentially lower administration fees and more effective cost management programs.
Prescription Drug Funding - Currently, our prescription drug rider is fully insured and administered by Blue Cross /Blue
Shield. We will explore the use of a pharmacy benefit manager (PBM) for the self- funded prescription drug coverage.
These types of vendors typically provide a more competitive pricing package when compared to the medical plan vendors
such as Blue Cross /Blue Shield. Additionally, since administering prescription drug programs is their sole business, the
PBMs typically provide the most effective and cutting edge cost management programs.
Retiree Coverage - We are exploring lower cost plan alternatives for both the existing retiree groups, as well as the future
retiree groups. This will require that all Medicare eligible retirees enroll in Medicare Part B, for which the retiree pays a
small premium. This may involve providing incentives to retirees. A portion of the savings realized from the reduced plan
premiums will fund any incentive provided. We are currently working on developing the appropriate language to negotiate
into the collective bargaining agreements.
Duplicate Medical Coverage - We are developing a number of alternative strategies that will eliminate the cost associated
with an employee having duplicate coverage and /or selecting City of Buffalo coverage for a spouse when that spouse has
access to coverage through his /her employer. Language is currently being developed for bargaining purposes.
Other Plan Design Altematives- We are in the midst of, and will continue with, an exhaustive review of the current
offerings. We will look at all of our plans and
determine whether we are maintaining the most competitive program at the most competitive price. Of course, we will
work closely with our collective bargaining groups, and current retirees on all of these initiatives.
To assist with these initiatives, we have engaged Mercer Human Resource Consulting. Mercer has worked with us in
identifying the initiatives described herein as being our greatest opportunities for health care cost reductions. Mercer was
also able to successfully negotiate, with Blue Cross /Blue Shield, the payment of prescription drug rebates to the City of
Buffalo. Rebates are paid to Blue Cross /Blue Shield by the drug manufacturers based on the volume of prescriptions
purchased from that manufacturer. Blue Cross /Blue Shield has agreed to pass on to us the portion of their rebates
attributable to drugs purchased by City of Buffalo employees and dependents. They estimate that the rebate payments
will total $200,000 per year.
We are establishing a human capital fund with Blue Cross /Blue Shield that will allow us to use the rebate payments for
various expenses associated with improving the health and productivity of our workforce, and reducing personnel costs.
We will use these funds to implement programs around wellness, disease management, risk analysis and mitigation, and
training to help us reduce health care costs and improve absenteeism, as well.
As stated, there are a number of initiatives under consideration. We will continue to keep you informed as each initiative
progresses.
REFERRED TO THE COMMITTEE ON BUDGET
FROM THE BOARD OF EDUCATION
No. 32
A. Thompson Request the Board of Education To
Establish a 25% Rate of Participation Goal for Buffalo
Public Schools to Implement a Uniform Policy for the
2006 -07 School Year
Item No. 180, C.C.P., 9/6/05
The Buffalo Board of Education Members support Uniform Policy when parents and building principals commit to work
together to establish a uniform dress code.
Principals, staff, parents, and students who have expressed an interest in putting in place a uniform dress code for 2005-
06 have been provided with direction on what procedures must be put in place. They are: secure buy in of parents and
work out specific details related to purchasing agreed upon attire.
Should any school wish to mandate a uniform policy, they are aware that they must work through the Board of Education
Student Support Services Committee to examine legal obstacles and secure Board approval.
The District shall prepare a memorandum to all Building Principals making them fully aware of the procedural steps that
must be addressed to put in place a uniform dress code.
REFERRED TO THE COMMITTEE ON EDUCATION
NO. 33
J. BERLIN- OSWEGO- SUPPORT NYS SEX OFFENDER
REGISTRATION ACT
The City of Oswego Common Council adopted the enclosed Resolution on August 22, 2005 in support of strengthening
the New York State Sex Offender Registration Act and has requested that a copy be sent to each city in New York State
as well as the New York State Conference of Mayors and Municipal Officials.
The City Council is respectfully requesting your support in passing a similar resolution, if ;you have not already done so.
Thank you for your prompt attention to this matter.
RECEIVED AND FILED.
NO. 34
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
1202 Hertel Ave.
Caramici, Inc.
Neil Cuomo
40 Fountain Plaza
HSBC Arena -Suite 200
J. Vernen
596 Genesee St.
Ar- Lyn -Da Enterprises Inc.
A. Ray
110 W. Chippewa
Salsaritas Fresh Cantina
K. Grupp
RECEIVED AND FILED.
NO. 35
LEAVES OF ABSENCE WITHOUT PAY
I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various
departments as listed:
Public Works, Streets and Parks -J. Banks, G. Reusch
Police -S. Brown, P. Gentzler, A. Shea, S. Lewis, V. Demps, C. Mendola
RECEIVED AND FILED.
NO. 36
REPORTS OF ATTENDANCE
I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities
reporting the membership attendance at their respective meetings:
Buffalo Sewer Authority- 9/7/05
RECEIVED AND FILED.
NO. 37
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
I transmit herewith appointments to the position of Council Intern.
Mr. Coppola moved the approval of the appointments to the position of Council Intern.
ADOPTED.
Appointment Effective September 5, 2005 in the Department of Common Council to the position of Intern IV, Seasonal,
Non - Competitive, at the flat starting salary of $6.00 /hr.
George F. Davis 403 S. Division St. Buffalo, NY 14204
Appointment Effective September 12, 2005 in the Department of Common Council, Division of Delaware District, to the
position of Intern I, Seasonal, Non - Competitive at the flat starting salary of $7.00 /hr.
Elizabeth Mordino 29 Standish Road Buffalo, NY 14216
NO. 38
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 ASSESSMENT /TAXATION
Appointments Effective September 12, 2005 in the Department of Assessment and Taxation to the position of Clerk -
Seasonal, at the flat starting salary of $8.15/hr.
Maryann Alongi 87 Rebecca Park Buffalo, NY 14207
Keiattiaye Chinn 249 Hoyt Street Buffalo, NY 14213
DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS
Appointment Effective 9/12/05 in the Department of Public Works, Parks and Streets to the position of Laborer II,
Seasonal, at the flat starting salary of $8.15/hr.
Joseph A.Sirianni 694 Tacoma Ave. Buffalo, NY 14216
NO. 39
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 ASSESSMENT AND TAXATION
Appointment Effective August 1, 2005 in the Department of Assessment and Taxation to the position of Account Clerk
Typist, Permanent, at the minimum starting salary of $26,271.
Mary Beth Wolniewicz 88 Hayden St. Buffalo, NY 14210
DEPARTMENT OF PERMITS AND INSPECTIONS
Appointment Effective September 12, 2005 in the Department of Permits and Inspections, Division of Licenses, to the
position of Clerk, Provisional, at the minimum starting salary of $25,162.
Mary Jane Savage 207 West Ferry St. Buffalo, NY 14213
DEPARTMENT OF LAW
Appointment Effective September 12, 2005 in the Department of Law, to the position of Assistant Corporation Counsel
I /MuniAttorney, Temporary, Non - Competitive, at the minimum starting salary of $45,757.
Gregory A. Heeb 184 Norwalk Avenue Buffalo, NY 14216
Appointment Effective September 12, 2005 in the Department of Law to the position of Assistant Corporation Counsel II,
Temporary, Non - Competitive, at the minimum starting salary of $55,756.
Peter J. Savage 111 207 West Ferry Street Buffalo, NY 14213
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
NO. 40
E BERRY
CONCERNS INFO
CLOSING OF LIBRARIES
We understand that you have discussed the issue of 8 out of 15 Buffalo Public Libraries being closed by BECPL, and your
interest in opposing these closings and in forming a Buffalo Library Board with a contract with BECPL, us all non -city
libraries do in Erie Comity. In order to do this, it is necessary to take some steps:
• Firs you should take steps to prevent Buffalo's libraries from dosing. There are already 2 Resolutions adopted by
your body in recent years which may assist you - one which opposes the closing of any Buffalo libraries, and one
which approves the formation of a Buffalo Library Board, but which stops short of giving board a contract and budget
with BECPL. Whether you can get an injunction, sue BECPL for non - representation, or simply negotiate with BECPL
and the Legislature, you must act, and act quickly, since BECPL intends to start closing your libraries beg. Oct. 2005.
We've included a form letter to send to EC Legislature.
• Discuss these issues - library closings and self- determination - in ALL committees this week: Finance committee
should be discussing the monetary implications of 8 empty buildings; occupying those buildings at what cost,
including Buffalo keeping Mead open as a library; and contracting with the county for funding as all non -city county
libraries do. Community Development should be discussing what closings will do to Buffalo's neighborhoods,
Legislation Development should be discussing how to use the current Resolutions, forming other Resolutions, and
dealing with the NYS Charter governing public libraries in Erie County.
• Contact N Y S officials to change BECPL Charter to include Buffalo as a contracting library with all rights as non -city
localities have, explaining that you did not realize the immensity of the inequities of BECPL towards its founder -
Buffalo - until they voted to close 8 of 15 Buffalo libraries tiffs year alone.
Request information from BECPL and town library boards, and ACT on library board rules and contracts, including a
copy of the current contract. Questions: How much is it costing for other towns to "buy" their way offer the dosing list,
and how much do those libraries cost to run? How much does it cost to run Buffalo's 15 libraries?
Determine a fair process to create a board. It is not enough for members to merely live in Buffalo, but also to
understand the importance of libraries and to have the strong desire to keep all libraries open and improved. We have a
list of candidates.
• A Resolution, or amendment to the "Formation of a Buffalo Library Board" resolution already on the books must
include Buffalo receiving funding and a contract with BECPL the same way as ALL other non -city libraries do.
Please contact us ASAP so that we may assist in this process.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 41
BERC
VAR INFO
Please file the attached documents that was presented to the MBEC Committee held on Monday, September 12, 2005.
Please refer to the MBEC Committee.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
RECEIVED AND FILED
NO. 42
REQ ADDENCLUM TO MOVE OFFICE SPACE ADDITION ON 21 FLOOR
The Police Athletic League of Buffalo would like to add an addendum to our existing Memorandum of Understanding with
the City of Buffalo for the use of office space in return for providing programming to the youth of our city. We are
requesting to add office space on the 21 Floor of City Hall in an effort to better serve the citizens of Buffalo and
collaborate with all the council districts for improved opportunities for youth.
REFERRED TO THE COMMITTEE ON FINANCE, COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS AND
CORPORATION COUNSEL
NO. 43
ZONING RESOLUTION
At a regular meeting of the Town Board of the Town of Cheektowaga, Erie County, New York held at the Town Hall,
comer of Broadway and Union Road, in said Town on the 6th day of September, 2005 at 7:00 P.M., there were:
PRESENT
Supervisor Dermis H. Gabryszak
Councilmember Patricia A. Jaworowicz
Councilmember Thomas M. Johnson, Jr.
Councilmember Jeff Swiatek
Councilmember James J. Jankowiak
Councilmember Thomas J. Mazur
Councilmember Alice Magierski
Absent
NONE
Motion by Councilmember Magierski
Seconded by Councilmember Jaworowicz
WHEREAS, by resolution dated January 21, 1992, local Law No. 1 of the Year 1992 of the Town of Cheektowaga, entitled
"A Local Law Relating to Zoning" was adopted, and
WHEREAS, the Building Inspections Department and Zoning and Petitions Committee have recommended that this Town
Board enact revisions to the Zoning Law with respect to resident professional and home office /home based businesses in
the R District, and
WHEREAS, a draft of such amendment has been prepared by the Building Inspections Office, NOW, THEREFORE, BE
IT
RESOLVED, that a public heating be held on the 19 day of September, 2005 at 7:00 P.M. at the Town Hall, 3301
Broadway, Cheektowaga, New York to consider the advisability of adopting "A Local Law to Amend A Local Law relating
to Zoning", and BE 1T FURTHER
RESOLVED, that the Town Clerk be and hereby is directed to publish the attached Notice of Hearing in the Cheektowaga
Times, and BE IT FURTHER
RESOLVED, that the Town Clerk be and hereby is directed to forward copies of this resolution and the attached Notice of
Hearing to the Erie County Department of Environment and Planning, the City of Buffalo, and the Towns of West Seneca,
Amherst and Lancaster, and the Villages of Sloan and Depew.
Supervisor Gabryszak Voting AYE
Councilmember Jaworowiez Voting AYE
Councilmember Johnson Voting AYE
Couneilmember Swiatek Voting AYE
Councilmember Jankowiak Voting AYE
Councilmember Mazur Voting AYE
Conncilmember Magierski Voting AYE
AYES: 7
NAYES:
ABSENT: 0
RECEIVED AND FILED
NO. 44
COMPLETED WORK
GOODELL ST
As per the Project Proposal for D255507, Page 252:
After acceptance of this contract, the State will resume maintenance of the highway. All public intersecting roads,
highways, or streets not on the State highway system shall be maintained by the agency or local unit of government
having jurisdiction beyond the outside edge of shoulder, curb line, or back of ditch of the State highway across the
intersection.
This letter serves as a courtesy to notify you that the contractor for this project, Janik Paving & Construction, Inc., is no
longer directly involved in roadway maintenance.
RECEIVED AND FILED
NO 46
L LE COUTEULX
DIST DESIGNATION
The Buffalo Lille Sister City Association is undertaking an historical project to honor one of Buffalo's first benefactors,
Louis Stephen LeCouteulx.
A French nobleman, kin to General LaFayette, he came to Buffalo in 1803, establishing the first drugstore, building his
home and business on the waterfront at Main and Exchange (then Willinck and Crowe), and buying properties in the early
settlement. A friend of Robert Morris, from whom he was to settle debts owed to his family for investments they made in
support of the Revolutionary War, he became an agent of the Holland Land Company, and in 1808 served as Niagara
County's first County Clerk. (Erie County was not established until 1821). As the War of 1812 destroyed his property and
much of his investments, he moved to Albany, N.Y., where he lived for ten years. He returned to Buffalo and re-
established his commercial interests. He died here in 1840 and is buried in the French and German Cemetery.
His great gift to our City came in 1829 when he deeded an acre of his property to the City for the purpose of building a
Catholic Church, school and cemetery. His plot was developed and St. Louis Church, St. Mary's School for the Deaf, and
an orphan asylum were the results. St. Louis Church is the first Catholic Church in our City, the present building being the
third structure built on the same plot. It has an active parish membership today. The other institutions moved to other sites
over the years, as they expanded. But Immaculate Conception Church as well as School 46 still stand on the LeCouteulx
land.
Louis LeCouteulx played an important role in the development of the Erie Canal. As planned initially, its western terminus
was to have been in Black Rock, but M. LeCouteulx had a vision for a great harbor, with the canal's terminus at the
harbor. And he gave one half acre of his land to achieve this vision. We know what importance the Erie Canal and the
Buffalo waterfront played in the development of the prosperous City of Buffalo.
The French influence in our area came very early - Fort Niagara, LaSalle, the voyageurs, the missionaries. It is easy to
forget the part they played in the gradual settlement of the Western New York area. But Louis LeCouteulx is a name that
should not be forgotten. The original block that was designated to him has been covered by what is now the HSBC
complex, The street that bor his name for some years has long been changed.
With this in mind, we propose to establish the Louis LeCouteulx Historic District, to be defined by signage on the street
signs from Main Street to
With this in mind, we propose to establish the Louis LeCouteulx Historic District, to be defined by signage on the street
signs from Main Street to Cottage, as well as along Edward and Virginia Streets, inclusively. We would like 16 signs to be
made with the LeCouteulx District designation.
We have consulted with members of the St. Louis Church Council, the Landmark Society, the Western New York Heritage
Magazine board, the Buffalo and Erie County Historical Society librarians, and other local historians. The general
conclusion reached is that Louis LeCouteulx's generosity and influence merits at least this district recognition, and
perhaps, even a monument To his vision in the Canal District, in the future.
We would ask that you consider our application for the establishment of this historic district.
REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLICWORKS, PARKS & STREETS
AND PRESERVATION BOARD
NO. 46
Amendment of Schedule "A" of Lease Agreement between the City of Buffalo
and Buffalo and Erie County Public Library, executed June 16, 2002
As you may know, the B &ECPL is compelled to close some library facilities within its System due to substantial cuts in
financial support from Erie County. Some of the affected facilities will be within the City of Buffalo. Accordingly, this letter
is to provide at least 90 days notice of closure of the following library branches, as required by Paragraph "Eighth" of the
above -cited agreement: Cazenovia, Fairfield, Fronczak, Kensington, Mead, North Jefferson and Northwest.
The B &ECPL will undertake a process of curtailing library services and redistributing or redesignating library property
during the period leading up to closing. The dates cited in the enclosed Board Resolution #2005 -37 are the dates upon
which the B &ECPL will cease operations. The Library intends to fully vacate the premises of each building not more than
45 days after each of those dates.
Schedule "A" of the lease is amended accordingly, including the addition of the new Frank E. Merriweather, Jr. Branch
Library, which replaces the North Jefferson Branch. No other alteration of the lease agreement is proposed.
We will work with the City of Buffalo and established not - for - profit organizations to make the transition in B &ECPL
operations, including the re -us of these Please feel free to call me at 858 -7180 to discuss such matters further
REFERRED TO THE COMMITTEON FINANCE, CORPORATION COUNSEL AND DIRECTOR OF REAL ESTATE
NO. 47
INFO REQ NFTA NOTIFY COB PRIOR TO
SELLING /DISPOSAL OF CITY PROPERTY
Resolution 167 CCP
The NFTA is in receipt of your letter dated September 9, 2005 transmitting Resolution 167 CCP dated September 6, 2005,
which requests that the NFTA notify the City of Buffalo when it plans on, and prior to, selling or disposing of any NFTA
owned land with the City.
We appreciate the rationale of your request and will take it under consideration as we address real property transactions
on a case -by -case basis.
If you have any questions about any specific property transactions, please always feel free to contact me.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 48
FAIR HOUSING & PROPERTY CODE
Please file the attached documents for the next Common Council Meeting for September 20, 2005.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL, AND DIRECTOR OF STRATEGIC
PLANNING
NO. 49
SUPPORT REMOVAL OF THE BUFFALO SKYWAY
I am writing to support Congressman Brian Higgins' call for the New York State Department of Transportation (NYSDOT)
to commence the requisite environmental reviews for the replacement of the Buffalo Skyway with more suitable
infrastructure.
Numerous concerns have been raised about the Skyway's safety, its high maintenance costs, and its harmfulness to
waterfront development. Given these concerns, an analysis of the possible alternatives to the Skyway, and their costs and
benefits, is long overdue.
I respectfully request that the DOT undertake the requisite environmental reviews as soon as possible. Thank you very
much.
RECEIVED AND FILED
NO. 50
H. LEE, AGENT, USE 564 NIAGARA - PARKING LOT
EXPANSION (ELL) (HRG 9/27/05)
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL.
NO. 51
N. Fountain, Agent, Use 1289 AKA 1315 Jefferson - Relocate /Erect Newstand (Masten)
(Name of Agent, Owner) (Address) - (Project)
(Phone #) 896 -0677
The attached is for Common Council Approval; but per Permits, no public hearing is required.
Mr. Coppola moved:
The Common Council of the City of Buffalo hereby approves the use of 1289 AKA 1315 Jefferson to relocate /erect a
Newstand (4' x 15') on R.O.W. in front of the parking lot contingent upon City Planning Board approval and Law
Department Review.
PASSED
AYES -9. NOES -0.
NO. 52
R. Atlas, Agent, Use 1243 Delaware - Illuminated Ground Sign w /Message Board (Del)
(Name of Agent, Owner) (Address) - (Project)
(Phone #) 882 -0391
The attached is for Common Council Approval; but per Permits, no public hearing is required.
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL.
NO. 53
L. McClive, Agent, Use 1140 Delaware- Ground Sign (Del)
(Name of Agent, Owner) (Address) - (Project)
(Phone #) 775 -0104
The attached is for Common Council Approval; but per Permits, no public hearing is required.
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL.
Regular Committees
CLAIMS
(Jeffrey M. Conrad, Chairman)
NO. 54
A. 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 compromised and settled:
A. 1. Willie Mac Johnson vs. City of Buffalo $ 7,000.00
A. 2. Anastasia Ocasio vs. City of Buffalo $ 7,500.00
A. 3.
Margaret A. O'Connor vs. City of Buffalo
$10,000.00
A. 4.
Donna M. Robinson vs. City of Buffalo and Buffalo Sewer
Authority
$10,000.00
A. 5.
Maria Siegel vs. City of Buffalo
$25,000.00
A. 6.
Sharease S. Swain vs. City of Buffalo, et al
$25,000.00
A. 7.
Gwendolyn Wilson and Virginia Anderson vs. City of
Buffalo
Gwendolyn Wilson
$250,000.00
Virginia Anderson
$150,000.00
TOTAL $484,500.00
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, in the
amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of
proper releases and closing papers.
PASSED
AYES — 9 NOES — 0
NO. 55
B. 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. Salvador Acevedo, 468 Kensington Avenue, 14214
This is a claim for damages to a 1990 Mazda which occurred on June 11,2005 on Norma Street.
$1,234.73
B. 2. Pandora Anderson, 50 Swinebume, 14212
This is a claim for replacement of a front bumper, which fell off of a 2001 KIA on June 7, 2005 while it was being towed by
the City of Buffalo to the Dart Street Garage.
B. 3. Michael Bavaro, 8682 Slayton Settlement Road, Gasport, 14067
This is a claim for reimbursement of eyeglasses, which were broken on July 6, 2005 while Mr. Bavaro, a city employee,
was brooming Milnor Street. Pursuant to Section 16 -8 of the City Ordinances, he is entitled to reimbursement for the
glasses. $ 188.00
B. 4. Kathleen M. Coggins, c/o Kathleen Minyard, 43 Windridge Lane, Hamburg, NY 14075
This is a claim for reimbursement of a tire that was ruined on July 21, 2005, at 317 -319 Holly Street. A piece of metal was
protruding from the curb and sliced the tire.
B. 5. Jennie Cotter, 10 Hertel Avenue, Apartment 1105, 14207
This is a claim for reimbursement for eyeglasses, which were broken on April 1, 2005 at
820 Tonawanda Street, the Riverside Branch Library.
$100.00
B. 6. Lazo Draca, 482 East Street, 14207
This is a claim for damages to the house at 482 East Street which occurred on July 13, 2005.
$3,500.00
B. 7. James Juliano, 145 Potters Road, 14220
This is a claim for eyeglasses broken on July 7, 2005, on Humboldt Parkway. Claimant, a city employee cutting grass on
the Parkway, was hit in the face by a tree branch. Pursuant to Section 16 -8 of the City ordinances, he is entitled to
reimbursement. $160.00
B. 8. Nicole Knapczyk, 73 Ludington Street 14206
This is a claim for damages to a 1993 Chevy Cavalier, which occurred on July 5, 2005 while
the car was parked in front of 79 Ludington Street.
$819.45
B. 9. Liberty Mutual Insurance Company, as subrogee of Dina Thompson,
c/o Jami C. Arnarasinghe, Esq., Carman Building, 266 Main Street, Farmingdale, New York 11735
On November 11,2003, a City of Buffalo tree fell in front of 39 Blantyre and caused substantial damage to a house owned
by Dina Thompson. Liberty Mutual Insurance Company paid for the damage and filed a subrogation case against the City
of Buffalo. $6,535.72
B. 10. John Rigby, 235 Covington Drive, West Seneca 14220
This is a claim submitted by a City of Buffalo Streets employee whose glasses were broken on August 22,2005. Based on
Article 16 -8 of the City Ordinances, claimant is entitled to be reimbursed for these.
B. 11. South Buffalo Auto Parts, 654 Elk Street, 14210
This is a claim for reimbursement and expenses incurred regarding a 1997 Oldsmobile, which
was purchased at the City auction on February 4, 2003.
B. 12. St. Paul Travelers, as subrogee of Martin Brownsey, P.O. Box 2954, Milwaukee, Wisconsin 53201-
2954
This is a claim for damages sustained to the house at 29 Clio Street on July 26, 2005.
$1,741.94
B. 13. Elaine Urban, 142 East Street, 14207
This is a claim for damages to a 1999 Ford Taurus that occurred on July 15, 2005 on East Street.
$382.23
B. 14. Philip Williford, 217 Hagen Street, 14215
This is a claim or reimbursement of damages sustained to the roof and sidewalk of the premises at 217 Hagen Street.
$5,090.00
That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current
$1,850.00
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. 56
C. Miscellaneous Invoices
C. 1. GE Capital, 44 Old Ridgebury Road, Danbury, CT 06810
This is a claim for payment of late fees due from prior fiscal year 2004 -05 on Account No. 4068448021 (Control No.
9395944) for late lease purchase payments made by the Buffalo Fire department for its alarm office CAT system.
$638.94
C. 2. Douglas B. Moreland, MD, FACS, 550 Orchard Park Road, Suite A -105, West Seneca, NY 14224
This is a claim for payment of a prior fiscal year invoice for an Independent Medical
Examination and report done in April 2005 on a personal injury lawsuit.
$1,875.00
C. 3. Robert J. Smolinski, M.D., 160 Farber Hall, 3435 Main Street, Buffalo, NY 14214
This is a claim for payment of a prior fiscal year invoice for services rendered to the Law Department for an Independent
Medical Examination on a plaintiff in a personal injury lawsuit. $650.00
C. 4. Sonitrol, 195 Elm Street, 14203
This is a claim for payment of prior fiscal year Invoice No. 0458301 for services rendered to the Police
Department concerning phone service.
C. 5. Monroe Community College, 1190 Scottsville Road, Rochester, NY 14624
This is a claim for payment of prior fiscal year Invoice Nos. 071 -58 -9866 and 000051 for tuition for a training seminar
(Public Safety Gang Seminar) that the Police Department required two officers to attend.
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, 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. 57
D. Miscellaneous Reimbursement
D. 1. Ernest J. Felder, 1482 Hertel Avenue, Apartment No. 5, 14216
This is a claim for reimbursement of a towing and storage charge incurred by the claimant as a result of his vehicle being
towed from Hertel Avenue on January 24, 2005.
D. 2 Louis T. Muscato, 971 West Avenue, 14213
This is a claim for reimbursement of $1 which claimant states was lost in a faulty parking meter on June 21,2005 on
Broadway. $1.00
D. 3. Mark Weber, 8045 Country Road, East Amherst, NY 14051
This is a claim for reimbursement of $1.25 which claimant states was lost in a faulty parking meter on
Chippewa Street near Pearl Street on July 6, 2005. $1.25
D. 4. Sandra Handsor, 214 Wyoming Street 14215
This is a refund for a permit, which was obtained to open a beauty salon in a residential property at 323 Wohlers Avenue.
$250.00
D. 5. Peter A. DeBlasi and Karen J. DeBlasi, 15 Centerview Drive, West Seneca, NY 14224
This is a claim for reimbursement for a CD Radio, which was stolen out of his vehicle while it was in the care, custody and
control of the City at the Dart Street Garage. This occurred between July I and July 5 th, 2005 and has been confirmed
by garage personnel. $157.77
D. 6. Denise Orego, 34 Robinson Street, Silver Creek, NY 14136
This is a claim for reimbursement of $4.00 which claimant states was lost in a faulty parking meter on July 15, 2005.
$4.00
That cheeks 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
CIVIL SERVICE
(BONNIE E. RUSSELL, CHAIRPERSON)
$108.00
$218.00
NO. 58
APPOINTMENT
WATER METER MECHANIC (MAX) (PW)
(ITEM NO. 43 -JULY 26, 2005)
That Communication 43, July 26, 2005 be received and filed and the permanent appointment of Karl Hawthorn
Jr. stated above at the maximum starting salary of $33,350 effective on July 25, 2005 is hereby approved.
PASSED.
AYES -9. NOES -0.
NO.59
APPOINTMENT
ASSOCIATE ACCOUNT CLERK (INTER #3) (COMPT)
(ITEM NO. 27 -SEPT. 6, 2005)
That Communication 27, September 6, 2005 be received and filed and the temporary appointment of Judy S.
Banks stated above at the intermediate starting salary of $31,538 effective on Sept. 19, 2005 is hereby approved.
PASSED.
AYES -9. NOES -0.
NO. 60
APPOINTMENT
SUPERVISOR OF STREET SANITATION I (INTER) (PW)
(ITEM NO. 61 -SEPT. 6, 2005)
That Communication 61, September 6, 2005 be received and filed and the temporary appointment of Michael A.
Krupp stated above at the intermediate starting salary of $31,132 effective on Aug. 15, 2005 is hereby approved.
PASSED.
AYES -9. NOES -0.
NO. 61
APPT. -CHIEF (MAX) (POL)
( #80, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 62
APPT.- DETECTIVE (PERM) (MAX) (POL)
( #81, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 63
APPT.- DETECTIVE (CONT. PENN) (MAX) (POL)
( #82, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 64
APPT.- POLICE LT. (CONT. PERM) (MAX) (POL)
( #83, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 65
APPOINTMENT
REPORT TECHNICIAN (MAX) (POL)
(ITEM NO. 84 -SEPT. 6, 2005)
That Communication 84, September 6, 2005 be received and filed and the permanent appointment of Rose M.
Borczynski stated above at the maximum starting salary of $30,213 effective on March 21, 2005 is hereby approved.
PASSED.
AYES -9. NOES -0.
NO. 66
APPOINTMENT
BLDG. INSPECTOR (INTER #3) (PERMITS /INSP.)
(ITEM NO. 110 -SEPT. 6, 2005
That Communication 110, September 6, 2005 be received and filed and the permanent appointment of Paul
Clift stated above at the intermediate starting salary of $42,597 effective on August 15, 2005 is hereby approved.
PASSED.
AYES -9. NOES -0.
NO. 67
APPOINTMENT
BLDG. INSPECTOR (MAX) (PERMITS /INSP.)
(ITEM NO. 111 -SEPT. 6, 2005)
That Communication 111, September 6, 2005 be received and filed and the permanent appointment of John
Plevniak stated above at the maximum starting salary of $45,696 effective on August 15, 2005 is hereby approved.
PASSED
AYES -9. NOES -0.
NO. 68
APPOINTMENT
JUNIOR TRAFFIC CLERK (MAX) (A &F)
(ITEM NO. 115 -SEPT. 6, 2005
That Communication 115, September 6, 2005 be received and filed and the permanent appointment of Amy
Frankel stated above at the maximum starting salary of $27,847 effective on Sept. 2, 2005 is hereby approved.
PASSED.
AYES -9. NOES -0.
NO. 69
NOTICE OF APPT.- MAYOR'S PROGRAM (T. WRIGHT ONLY)
( #63, 7/26)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 70
NOTICE OF APPT.- TEMPORARY /PROV. /PERM. (C. CLK.)
( #128, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 71
NOTICE OF APPT.- TEMPORARY /PROV. /PERM. (C. CLK.)
( #65, 7/26)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 72
BUDGET /PERSONNEL AMENDMENT -PUB. WKS. -OPER. & MAINT. OF BLDGS.
( #177, 9/6
That the above item be and the same hereby is approved.
PASSED.
AYES -9. NOES -0
NO. 73
BUDGET /PERSONNEL AMENDMENT -PUB. WKS.- TRAFFIC ENG.
( #178, 9/6
That the above item be and the same hereby is approved.
PASSED.
FINANCE
(BRIAN C. DAVIS, CHAIRMAN)
NO. 74
ANSWERS - QUESTIONS RE: AWARD OF CONTRACT TO BCAR, INC. (PKG. BD.)
( #6, 7/26)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 75
B. DAVIS -H. GORINO- INFO. -REQ. DISCUSSION W /BCAR TO OPERATE VAR. OFF - STREET PKG. FAC.
( #73 7/26)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 76
J. N. ADAM DEV. CTR.- PERRYSBURG, NY -REQ. FOR REVERS. INT. IN WATER SUPPLY INC. (LAW)
( #51 7/26)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 77
A. THOMPSON -323 WOHLERS AVE.- REIMB. OF $250 COM. COUNCIL FEE
( #83 7/26)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 78
A. THOMPSON -323 WOHLERS AVE.- REIMB. OF $250 COM. COUNCIL FEE (PERMITS /INSP.)
(#102,9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 79
P. WEAVER- INFO. -BCAR & RFP -MGMT. OF CITY -OWNED RAMPS
( #84, 7/26)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 80
REVENUE GEN. INITIATIVES -REQ. FOR ADDL. TIME (MIS)
( #31, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 81
ABATE UTILITY COST - THEATRE OF YOUTH, INC.
(ITEM NO. 34, C.C.P., SEPT. 6, 2005)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Davis moved:
That the City forgives the $65,066 debt as of August 31, 2005 owed by the Theatre of Youth, Inc. for utility
charges in exchange for masonry and roof repairs estimated at $97,000 for the Allendale Theatre located at 203 Allen
Street to be improved by TOY.
PASSED.
AYES -9. NOES -0.
NO. 82
DIVISION OF ENGINEERING EQUIPMENT TRADE -IN FOR PURCHASE OF NEW FRONT END LOADER
(ITEM NO. 51, C.C.P., SEPT. 6, 2005)
That the Department of Public Works, Parks and Streets be, and he hereby is authorized to purchase a new
front end loader for the Division of Engineering and trade -in and /or sale in the equipment that is listed in the above
communication in the Engineering Division's inventory.
PASSED.
AYES- BONIFACIO, CONRAD, COPPOLA, DAVIS, FRANCZYK, GOLOMBEK, RUSSELL, THOMPSON -8.
NOES - FONTANA -1.
NO. 83
M. SPRAGUE -WATER SYSTEM JN ADAM MEM. PROP. PERRYSBURG NY
(#46, 4/5)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 84
L. HAHN, CART CO., REQ. NY STATE /COB RESOLVE ISSUES INV JN ADAM DEV. CTR.
( #67, 5/3)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 85
MGMT. INFO. SYSTEMS REV. GEN. INITIATIVES (EXC. 1 RES.)
( #149, 5/17)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 86
M. COPPOLA -REQ. INFO. ON STUDY RE: AGREEMENT WITH CUSTOM LIGHTING SVS.
( #51, 9/21)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 87
ABANDONMENT SALE - 493,503,540 & 543 SENECA (ELL) ( STRAT. PLAN) ( #5, 11/30)
(#109,1/26)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 88
RESULTS NEGOTIATION -1181 JEFFERSON (ELL) ( STRAT. PLAN) (#9,3/22)
( #103, 4/19)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 89
RESULTS NEG. -357 JEFFERSON - VACANT LOT ( #116,11/16)( #9,11/13) (ELL) (STRAT. PLAN)
( #75, 6/14)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 90
ANIMAL SHELTER (PW)
( #22, 6/28)
That the above item be and the same hereby is received and filed
ADOPTED.
LEGISLATION
(RICHARD A. FONTANA, CHAIRMAN)
NO. 91
D. DIGIULIO, PETITION TO USE 1669 HERTEL AVENUE FOR A RESTAURANT EXPANSION
(ITEM NO. 154, C.C.P., SEPT. 6, 2005)
That after the public hearing before the Committee on Legislation on September 13, 2005, the petition of D. Digiulio,
agent, for permission to use 1669 Hertel Avenue for a restaurant expansion be, and hereby is approved.
PASSED
AYES - 9 NOES -0
NO. 92
K. GRUPP, PETITION TO USE 220 DELAWARE AVENUE - DRIVE OUTDOOR PATIO /CAFE
(ITEM NO. 155, C.C.P., SEPT. 6, 2005)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Fontana Moved:
That the petition of Grupp, agent, for permission to use 220 Delaware Avenue for a drive outdoor patio /cafe 11 'x31 ', 11
'x27' and 8'x14' be, and hereby is approved.
PASSED
AYES - 9 NOES -0
NO. 93
D. MIKA, PETITION TO USE 187 FRANKLIN STREET A/K /A 330 PEARL STREET - 2 POLE SIGNS
(ITEM NO. 157, C.C.P., SEPT. 6, 2005)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Fontana Moved:
That the petition of D. Mika, agent, for permission to use 187 Franklin Street a /k/a 330 Pearl Street for 2 pole signs 4'x5'
16' high in a surface parking lot be, and hereby is approved.
PASSED
AYES - 9 NOES -0
NO. 94
R. SANTORO, PETITION TO USE 1395 HERTEL AVENUE - 2 GROUND SIGNS & PIN LETTERING SIGN
(ITEM NO. 158, C.C.P., SEPT. 6, 2005)
That the petition of R. Santoro, agent, for permission to use 1395 Hertel Avenue for 2 ground signs, one to the front of a
school, one to the front of a church and a pin - lettering sign to the front fagade of a school be, and hereby is approved.
PASSED
AYES - 9 NOES -0
NO. 95
APPOINTMENT OF THE COMMISSION ON CITIZEN RIGHTS AND COMMUNITY RELATIONS
(ITEM NO. 2, C.C.P., JULY 26, 2005)
That the appointments as members of the Commission on Citizen Rights and Community Relations of Bill Covington,
residing at 1217 Delaware Avenue, Apt. #606, of Arlitta M. Rodriquez, residing at 1025 Amherst Street and John Calvin
Davis, residing at 471 Emslie Street for terms expiring on June 30, 2008. That the re- appointments as members of the
Commission on Citizen Rights and Community Relations Buffalo Preservation Board of Lana D. Benatovich, residing at 43
Middlesex Avenue, for a term expiring June 30, 2006, of David Caruso, residing at 16 Cantwell Drive, for a term expiring
on June 30, 2006, of Ross T. Runfola, Ph.D., residing at 96 Cleveland Avenue, for a term expiring on June 30, 2007, of
Jack Anthony, residing at 91 Greenfield Street for a term expiring on June 30, 2007, of Mark Phillips, residing at 130
Crescent Avenue for a term expiring on June 30, 2008, of Peter Allen Weinmarm, residing at 286 Huntington Avenue, for
a term expiring on June 30, 2007, of LaVoune Ansari, residing at 815 Auburn Avenue, for a term expiring on June 30,
2007 be, and they hereby are approved.
PASSED
AYES - 9 NOES -0
NO. 96
REAPPT.- MEMBERS- EMERG. MED. SVS. BD. (MAYOR)
(# 1, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 97
M. COPPOLA- PLAYGROUND LOCATED IN CATHEDRAL PLAYGROUND
( #69, 7/26)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 98
J. ANTONIO - CHILDREN'S PLACE - CATHEDRAL PARK PLAYGROUND
( #66, 7/26)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 99
PLAYGROUND EQUIPMENT- CATHEDRAL PARK (PW)
( #59, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 100
COUNTY ENTERING INTO AGREEMENTS FOR OPERATIONS WITHIN CITY PARKS (LAW)
( #90, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 101
AMENDMENT TO ENF. OF ILLEGAL DUMPING ORDINANCES -JULY 2005 (POL)
( #65, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 102
ENF. OF IUEGAL DUMPING ORDINANCES (JUNE 2004 & 2005) (POL)
( #66, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 103
ENF. OF ILLEGAL DUMPING ORDINANCES (POL)
(#44, 7/26)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 104
AMENDMENT TO ENF. OF NOISE ORDINANCES -JULY 2005 (POL)
( #67, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 105
ENF. OF NOISE ORDINANCES (POL) (#46,7/26)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 106
FIREWORKS REGULATIONS (SIC) RECYCLING EFFORTS (LAW)
( #52, 7/26)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 107
N. AWASS -REQ. MTG. W /COUNCIL TO DISCUSS CHAPTER 194 FOOD LIC. LAW
( #130, 9/6
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 108
B. DAVIS -D. LANB -W. SIDE MKT. -266 CAROLINA ST. -ADM. HRG. -FOOD STORE LIC.
(#140,9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 109
FOOD STORE LICENSE - 1309 BROADWAY
(ITEM NO. 66, C.C.P., JULY 26, 2005)
That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby
is authorized to grant a Food Store License to Turki Alfenen, located at 1309 Broadway.
PASSED
AYES - 9 NOES -0
NO. 110
FOOD STORE LICENSE - 817 DELAVAN EAST
(ITEM NO. 56, C.C.P., JULY 26, 2005)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Fontana moved:
That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby
is authorized to grant a Food Store License to Mohamed Elwassem, located at 817 Delavan East.
PASSED
AYES - 9 NOES -0
NO. 111
USED CAR DEALER LICENSE - 867 -883 JEFFERSON
(ITEM NO. 44, C.C.P., JUNE 28, 2005) (ITEM NO. 121, C.C.P., JULY 26, 2005)
That the Commissioner of Permit & Inspections Services be, and he hereby is authorized to approve a Used Car Dealer
license to Mark Jackson d /b /a J & R's Auto Sales.
PASSED
AYES - 9 NOES -0
NO. 112
PROPER NOTIF. OF SEX OFFENDERS TO COB RESIDENTS (BD. ED.)
( #59, 7/26
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 113
PROPER NOTIF. OF SEX OFFENDERS TO COB RESIDENTS (POL.)
( #72, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 114
R. BLACKWELL -CITY OF COMING - RESOLUTION RE: SEX OFFENDERS
( #68, 7/26)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 115
J. BRENON -CITY OF UTICA -LEG. AMENDING SEX OFFENDER REG. ACT. (C. CIK.)
(# 119, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 116
S. SANFILIPPO - JAMESTOWN -NYS SEX OFFENDER REG. ACT. (C. CLK.)
( #120, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 117
J. KOURY -CITY OF ONEONTA -SUPP. STRENGTHENING NYS SEX OFFENDER REG. ACT (C. CLK.)
( #121, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 118
DCJS COMPUTER LINK FOR REGISTERED SEX OFFENDERS (POL)
( #63, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 119
G. MARGIOTTA- GLOVERSVILLE- STRENGTHENING MEGHAN'S LAW
( #148, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 120
R. FONTANA -W. KINDEL- AMHERST- STREAMLINING COUNTY GOVERNMENT
( #77, 7/26)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 121
F. KING & L. WILLIAMS-COMMENTS-"DELIVERING PUB. HSG. SEC. SERVICES"
( #81, 7/26)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 122
A. THOMPSON -REQ. REMOV. OF NO PKG. SIGNS -E. DELAVAN AVE. & JEFF. AVE. (A &F)
( #113, 9/6)
That the above item be and the same hereby is received and flied.
ADOPTED.
NO. 123
S. SCHROECK & O -REQ. CHANGE IN PKG. REGULATIONS -LOWER MARINER ST.
(#160,9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 124
B. RUSSELL -C. LACORTE & O- PETITION FOR TAX RELIEF
( #87, 7/26)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 125
J. GOLOMBEK -J. DOMAGALA- CONCERNS -113 BUSH ST.
( #143, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 126
A. THOMPSON -P. HARRIS & O- WAKEFIELD AVE. SIDEWALK PETITION
( #161, 9/6
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 127
IMPLEMENTATION OF A PERMIT PROCESS FOR MAX. NO. OF DOGS (POL)
( #69, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 128
IMPLEMENTATION OF A PERMIT PROCESS FOR MAX. NO. OF DOGS (PERMITS /INSP.)
( #98, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 129
IMPLEMENTATION OF A PERMIT PROCESS FOR MAX. NO. OF DOGS (C. CLK.)
( #118, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 130
ORDINANCE AMENDMENT -CHAPTER 137 -CODE ENFORCEMENT (ITEM NO. 174, C.C.P., SEPT. 6, 2005)
That the above - mentioned item be and the same is hereby recommitted to the Committee on Legislation.
ADOPTED
NO. 131
ORDINANCE AMENDMENT - CHAPTER 175 - FEES (FLAT FEE)
(ITEM NO. 157, C.C.P., JULY 26, 2005)
That after the public hearing before the Committee on Legislation on September 13, 2005, the Ordinance Amendment as
contained in Item No. 157, C.C.P., July 26, 2005, be and the same hereby is approved.
PASSED
AYES - 9 NOES — 0
NO. 132
ORDINANCE AMENDMENT - CHAPTER 437 - TAXICABS AND LIVERIES (TAXI STANDS)
(ITEM NO. 168, C.C.P., JULY 26, 2005)
That after the public hearing before the Committee on Legislation on September 13, 2005, the Ordinance Amendment as
contained in Item No. 168, C.C.P., July 26, 2005, be and the same hereby is approved.
PASSED
AYES - 9 NOES -0
NO. 133
ORD. AMEND.- CHAPTER 28 -65 COLLECTIONS OF TAXES BY CITY TREASURER (DRAFT) PARTIAL PAYMENT OF
CITY TAXES ( #171, 7/26)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 134
TRAILBLAZING SIGNAGE FOR PETER ST. AS "WILLIAM 'BILL" LEISCK WAY"
( #170, 7/26)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 135
J. NOEL MAHONEY -REQ. OPPORTUNITY DISCUSS - CHAPTER 452 TOBACCO ADV.
(# 153, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 136
REQ. ALCOHOL ADV. TO ADHERE TO SAME RESTRICTIONS AS TOBACCO ADV.
( #163, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 137
R. FONTANA & A. THOMPSON -K. NICHOLSON -LEG. SVS.- CONC.- FORECLOSURES OF CITY
PROPERTIES (#142,9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 138
COLLECTION OF TAXES BY CITY TREASURER - PARTIAL PAYMENT OF CITY TAXES (COMPT.)
( #26, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 139
ORD. AMEND.- CHAPTER 28 -65- COLLECTION OF TAXS BY CITY TREASURER (ASSESS /TAX)
( #29, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO 140
BAILEY AMHERST SPEC. ASSESS. CHGE. LEG. COMM. MTG. 6/21/05 ( #18,6 /28)(ASSESS /TAX)
( #107, 7/26)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 141
B. RUSSELL -C. LACORTE & O- PETITION FOR TAX RELIEF FROM BAILEY AMHERST SPEC. ASSESS. CHGE.
(ASSESS /TAX) (#28,9/6)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 142
CREATE POLICE QUALITY OF LIFE SQUAD (EXC. 1 RES.)( #150,6/28)(HRG. 7/12)
(# 137, 7/26)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 143
REQ. FOR A BFLO. POLICE BMHA TASK FORCE (POL)
( #73, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 144
J. DEFRANKS -E. C. DIST. ATTNY. -REQ. FOR "NO TOLERANCE /NO PLEAS" ZONE
( #141, 9/6
That the above item be and the same hereby is received and filed
ADOPTED.
NO. 145
FIRE STATION DEPLOYMENT (FIRE) ( #86, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 146
A. HARDING -TIME WAMER -FCC FORM 394 (PW)
(#42, 7/26)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 147
J. FOGARTY -TIME WARNER -COB, NY: FCC FORMS 394 DATED JUNE 10 2005 (PW)
( #53, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 148
U. S. BANKRUPTCY COURT IN RE ADELPHIA COMMUNICATIONS ET AL, DEBTORS
(# 152 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 149
BAILEY AMHERST SPECIAL ASSESSMENT CHARGE (COMPT)
( #6, 7/12)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 150
DISPOSAL FEES FOR EAST SIDE TRANSFER STATION
(ITEM NO. 21, C.C.P., JULY 12 2005)
That the Corporation Counsel be, and he hereby is authorized to prepare an Ordinance Amendment for Chapter 175
Fees, Section 216 -15, Collection and Disposal Charges to be amended to read as more fully described in the above
communication.
PASSED
AYES - 9 NOES -0
NO. 151
QUALITY OF LIFE CRIMES & THE FORMATION OF A "QUALITY OF LIFE SQUAD"
( #29 7/12)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 152
INFO. -BFLO. SPEC. POLICE LL (POL) ( #38, 6/28)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 153
FOOD STORE LICENSE - 2887 BAILEY AVENUE
(ITEM NO. 48, C.C.P., MAY 31, 2005)
(ITEM NO. 101, C.C.P., JUNE 14, 2005)
That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he
hereby is authorized to grant a Food Store License to Mohsen Abdulrab, located at 2887 Bailey Avenue.
PASSED
AYES - 9 NOES -0
NO. 154
REQ. FOR NO TOLERANCE /NO PLEA ZONE ON E. DELAVAN AVE., E. FERRY ST., JEFFERSON & FILLMORE
AVE. (POL.) (#40,6/31)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 166
R. FONTANA -B. MCLNTYRE- CONCEM- MICHIGAN AVE. -TWO WAY STREET
( #75, 5/31
That the above item be and the same hereby is received and filed.
ADOPTED.
COMMUNITY DEVELOPMENT
(JOSEPH GOLOMBEK JR., CHAIRMAN)
NO. 156
S. ALSQQAF -REQ. UPDATE - INTERVENTION - HOUSING & BMHA
( #129, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 157
CITY EMPLOYEES /RELATIVE(S) REC. REHAB LOAN OR NEW HSG. LOANS (STRAT PLAN)
( #7, 7/26)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 158
GULF LANDING CONDOMINIUM VS COB, ET AL (LAW)
( #50, 7/26)
That the above item be and the same hereby is referred to the Committee on Claims.
ADOPTED.
NO. 159
SIGN AND STOREFRONT IMPROVEMENT PROGRAMS
(ITEM NO. 151, C.C.P., JULY 26, 2005)
That the Common Council requests the Buffalo Economic Renaissance Corporation and the City to re- establish
and continue to fund sign and storefront improvement programs in all Council Districts within the City; and
That copies of this resolution be sent to the Mayor and the Executive Director of the Office of Strategic
Planning.
ADOPTED.
NO. 160
ABANDONMENT /SALE OF ENGINE NO. 36 -1666 ELMWOOD (NORTH)(STRAT. PLAN.)
( #3, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 161
J. GOLOMBEK -W. SCHLABACH -DAVIS FREIGHT -REQ. PURCHASE OF FIRE HOUSE - ELMWOOD & GREAT
ARROW
( #79, 7/26
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 162
RESULTS OF NEGOTIATIONS - 162 ORANGE STREET
(ITEM NO. 13, C.C.P., SEPT. 6, 2005)
That the above item be and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That the offer from Mr. Steven Norward, residing at 187 Lemon Street, in the sum of one thousand and four
hundred dollars ($1,400.00) for the purchase of 162 Orange 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. 163
RESULTS OF NEGOTIATIONS -299 SYCAMORE STREET
(# 19, 9/6)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That the above item be and the same hereby is recommitted to the Committee on Community Development.
ADOPTED.
NO. 164
L. SLAUGHTER - UPDATE - ACTION - ALLEVIATE TRAFFIC CONGESTION ALONG NORTHERN BORDER
( #58, 7/12)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 165
CLARIFY HUMAN SERVICE EVALUATIONS (COMM. SVS.)
( #38, 3/8)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 166
S. ALSQQAF -REQ. INTERVENTION - HOUSING & BMHA
( #58, 6/28)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 167
HICKORY WOODS VALUE PROTECTION PLAN (2 ONLY)
( #128, 1/25)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 168
J. GRIFFIN -J. GARDELLA, JR.- HICKORY WOODS GIS
( #53, 3/8)
That the above item be and the same hereby is received and filed.
ADOPTED.
SPECIAL COMMITTEES
BUDGET COMMITTEE
(DOMINIC J. BONIFACIO JR., CHAIRMAN)
NO. 169
CITIZENS PLANNING COUNCIL (CPC)- CAPITAL BUDGET REVIEW (STRAT. PLAN.)
(#4, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 170
COB'S CAPITAL IMPR. PROGRAM -2006 CAPITAL BUDGET (STRAT. PLAN.)
( #5, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 171
PARK & WALK PROGRAM -MAY 2005 (POL)
( #37, 6/28)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 172
INFO -TAKE HOME VEHICLES (HR)
(#48 6/28)
That the above item be and the same hereby is referred to the Committee on Finance.
ADOPTED.
NO. 173
STIPEND TO BMHA BOARD MEMBERS
( #130, 5/3)
That the above item be and the same hereby is referred to the Committee on Community Development.
ADOPTED.
NO. 174
BMHA BOARD MEMBERS -FEES AND EXPENSES (COMPT)
( #14, 5/17)
That the above item be and the same hereby is referred to the Committee on Community Development.
ADOPTED.
NO. 175
GEN. FUND GAP SHEET -THIRD QUARTER 2004 -05 (A &F)
(#40, 5/17)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 176
THIRD QUARTER GAP RESPONSE (COMPT)
( #15, 5/31)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 177
GEN. FUND GAP SHEET - FOURTH QUARTER 2004 -05 (A &F)
( #112, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 178
MAYOR'S FOUR -YEAR PLAN 2005 -2006 (A &F)
(#42, 5/17)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 179
THIRD QUARTERLY RPT. ON DIV. OF SUBSTAAACE ABUSE SVS. (COM. SVS.)
(#47, 5/17)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 180
FOURTH QUARTERLY RPT. 2004 -05 ON THE DIV. OF SUB. ABUSE SVS. (COM. SVS.)
( #116, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 181
REQ. FOR ADD. POLICE DRUG & GUN SNIFFING DOGS IN COB
( #116, 5/17)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 182
REQ. FOR ADDL. POLICE DRUG & GUN SNIFFING DOGS IN COB (POL)
(#39,6/31)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 183
UPDATE OF BUFFALO FIRE DEPT. FACILITIES PLAN
(#49, 7/26)
That the above item be and the same hereby is referred to the Committee on Community Development.
ADOPTED.
NO. 184
2004 -2005 SECOND QUARTER GAP SHEETS (A &F)
(#44, 2/8)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 185
EST. OF A VACANT LOT AUCTION (#62,1/6)(#103,9/16)(#126,6/27)(#46,1/20)
( #73, 5/25
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 186
CITY /COUNTY MERGER OF PUBLIC WORKS & DISPATCHERS ( #155,1/20)
( #94, 3/30)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 187
BUFFALO ANIMAL SHELTER (PW) (#14,10/19)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 188
D. SMITH - RESOLUTIONS RE: TERMINATION OF AGREEMENT - PARKLAND OPERATIONS
(#45, 4/5)
That the above item be and the same hereby is received and filed.
ADOPTED.
RESOLUTIONS
NO. 189
BY: MR. BONIFACIO
A LOCAL LAW
CITY OF BUFFALO
LOCAL LAW NO. -- (2005)
INTRODUCTORY NO. 7 (2005)
AMENDING THE CHARTER OF THE CITY OF BUFFALO IN RELATION TO THE DEPARTMENT OF PUBLIC WORKS,
PARKS AND STREETS
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That Article 15 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows:
§15 -36 Directors of the Department of Public Works, Parks and Streets
There shall be in the department two directors. The directors shall be appointed by and at the pleasure removed by the
commissioner of public works, parks and streets. One director shall be responsible for managing aspects of the division
related to street cleaning, and snow and ice removal. One director shall be responsible for managing aspects of the
department related to the collection and disposal of solid waste. Both directors shall be authorized to act generally for and
in place of the commissioner.
§15 -37 Qualifications for the Directors of Pubic Works, Parks and Streets
Both directors shall have either (a) at least five years of full -time experience in public service administration, or business
administration: or U an equivalent combination of training, education and experience sufficient to indicate the ability to
perform the duties of the office.
Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the
provisions of this local law shall be controlling.
Section 3. This local law shall take effect immediately.
APPROVED AS TO FORM
Corporation Counsel
NOTE: Matter underlined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 190
BY: MR. CONRAD
THE CREATION OF A CITY OF BUFFALO LIBRARY BOARD
Whereas, The Buffalo & Erie County Public Library system currently operates 52 libraries throughout Erie County,
including 16 branches in the City of Buffalo, and
Whereas, In 1836 library service was first formed in Buffalo and Erie County by the Young Men's Association to offer book
services to their members, and
Whereas, The City of Buffalo Library system was first formed in 1897 to offer free book services for all residents of the
City of Buffalo, and
Whereas, Over last 108 years the Buffalo and Erie County Public Library system has expanded it's service across Erie
County offering the purest form of regionalism, while providing an important education tool to the residents, and
Whereas, City of Buffalo and Erie County have been confronted by fiscal problems and yet the size of the Buffalo & Erie
County Library system has remained stagnant due to the consistent use of the residents, and
Whereas, Due to the Erie County fiscal crisis the Buffalo & Erie County Public Library Board has recommended the
closure of 16 branches throughout the Buffalo & Erie County, and
Whereas, The Buffalo & Erie County Library Board has recommended the closure of 7 City of Buffalo branches, almost
half of the total closures listed in the 2006 recommended budget, and
Whereas, The City of Buffalo is currently the only municipality throughout Erie County that does not possess it's own
library board, and
Whereas, City of Buffalo residents, who have a vested interest in the City of Buffalo, will be appointed to the newly
created library board to represent the library system in the City of Buffalo, and
Now, Therefore, Be It Resolved,
That this Honorable Body maintain its commitment that the City of Buffalo residents are properly represented on issues
affecting neighborhoods throughout the City of Buffalo including the representation on a Buffalo Library Board, and
Now, Therefore, It Be Further Resolved,
This item be referred to the appropriate committee of the Common Council for further consideration.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL
NO. 191
BY MR. CONRAD
REMOVAL OF BUFFALO'S SKYWAY
Whereas; This Honorable Body has previously submitted resolutions regarding the removal of the skyway; and
Whereas; Several weeks ago a spokeswoman from the New York State Department of Transportation issued a statement
saying there is not enough local support for the removal of the skyway, and
Whereas; Studies regarding the removal of the skyway have dated as far back as 1989, and
Whereas; The Buffalo Skyway erected in the 1950's has outlived it's use and currently stands as a barrier to the full
development of our waterfront and, and
Whereas; The cost of its replacement is expected to be similar to the cost of its ongoing maintenance over the next 10
years, and
Whereas; United States Congressman Brian Higgins has called on the state to commence a formal environmental review
regarding the replacement of the Skyway as required by state and federal laws before the Skyway can be replaced, and
Whereas; the Skyway takes up an enormous amount of real estate which should be some of the most prime land in the
City of Buffalo- keeping it from being developed privately or converted into public recreational uses, and
Now, Therefore Be It Resolved,
That the City of Buffalo Common Council hereby conveys to the New York State Department of Transportation it's support
for United States Congressman Brian Higgins call to begin environmental reviews necessary for the replacement of the
Skyway,
Now, Therefore, Be It Further Resolved,
That certified copies of this resolution be sent to New York State Governor George Pataki, New York State Department of
Transportation Commissioner Thomas J. Madison, the Western New York delegation of the United States Senate and
House of Representatives, the members of the Western New York delegations of the New York State Senate and
Assembly, the Erie County Executive, the Mayor of Buffalo, and the members of the Erie County Legislature.
ADOPTED
10 1 WNPYA
BY: MR COPPOLA
RE: ORDINANCE AMENDMENT CHAPTER 175, FEES
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 175 of the Code of the City of Buffalo be amended to read as follows:
Chapter 307, Parking and Parking Lots
§307 -81, Valet Parking Fees
The annual valet parking fees shall not include valet parking for more than three days per week.
(1) Valet Parking Annual Application Fee $1500 Valet Parking Annual Parking Permit Fee 100
Valet Parking Event Permit (Temporary)
(1) Valet Parking Event Application Fee $25
(2) Valet Parking Event Permit Fee $15 per designated valet parking space
(3) Signs Designating Valet Parking Space $10 per night per sign; $50 deposit for signs
APPROVED AS TO FORM
Matter in brackets to be deleted, matter underlined is
new.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS PARKS AND
STREETS AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE
BY: MR. COPPOLA
NO. 193
RE: ORDINANCE AMENDMENT
CHAPTER 307, PARKING AND PARKING LOTS
The Common Council of the City of Buffalo does hereby ordain as follows:
That the Code of the City of Buffalo be amended to read as follows:
§307 -59 DEFINITIONS.
(1) DESIGNATED AREA means the parking spaces along the curbline of a
business where a valet operator may receive vehicles from and return
vehicles to the customers of the business, but at no time shall any vehicles
be parked in this area. The designated area shall not exceed forty (40)
linear feet.
(2) DIRECTOR means the director of Parking Enforcement.
(3) ON- STREET VALET PARKING SERVICE means a valet parking
service in which the valet operator receives a vehicle from or returns a
vehicle to a customer at an area in a public street.
(4) SERVICE LOCATION means the location of the business served by the
valet parking service.
(5) TRAFFIC CONTROL DEVICE means a cone, sign, or meter bag that has
been obtained from or approved by the City of Buffalo.
(6) VALET OPERATOR means a person or the person's employee that
provides valet parking services to a business.
(7) VALET PARKING SERVICE means the service of receiving, parking,
and returning vehicles for the customers of a business.
§307 -60 RESTRICTION OF ON- STREET VALET PARKING.
On- street valet parking is permitted only as provided in this chapter.
§307 -61 VALET PARKING RULES AND PROCEDURES.
The director and the Commissioner of Public Works, Parks and Streets, shall
promulgate rules and procedures to implement this chapter. The director shall file a copy
of the rules and procedures with the city clerk.
§307 -62 INSURANCE.
A valet operator or a valet parking permit holder must maintain general liability insurance coverage as required
by the director, and outlined in the Valet Parking Rules and Procedures pursuant to §307 -61.
§307 -63 VALET PARKING PERMIT.
(A) A person may not operate an on- street valet parking service without an on- street valet operating permit
issued under this section by the director.
(B) A person may operate a valet parking service conducted entirely on private property without a valet
operating permit.
§307 -64 APPLICATION FOR A VALET OPERATING PERMIT.
(A) To obtain or renew an on- street valet operating permit a person must:
(1) submit an application to the director on a form prescribed by the
director;
(3) (2) pay the annual fee prescribed by ordinance for the permit; and
(3) pay the annual fee for each location at which the applicant intends
to provide valet parking services.
(B) An application for a valet operating permit must include;
(1) the name, mailing address, and phone number of the applicant;
(2) the name and location of each service location at which the
applicant intends to provide on- street valet parking service;
(3) the hours of operation of the on- street valet parking service at each service location;
(4) documentation showing that the applicant has an insurance policy as required by Section 307 -62:
(5) certification that each of the applicant's employees has a driver's license valid in the State of New
York, and has received a proper
training instructing the employee in the local and state laws governing valet parking:
(6) certification that the applicant's employees who are engaged in
valet parking vehicles will wear retroreflective safety vests or other
retroflective material while working during the night time;
(7) certification that loading or offloading of customers from vehicles
will occur only in the designated area at each service location;
(8) a telephone number will allow the department to contact the applicant or an employee 24 hours a
day: and
(9) the location of any signs or attendance stands to be used by the
applicant at the service location and the designated area.
§30 %65 ISSUANCE OF VALET OPERATING PERMIT.
(A) The director shall issue a valet operating permit for the service location if the applicant complies with
the requirements of Section 307 -64.
(B) The director shall list on the valet operating permit each service location at
which the permit holder may provide on- street valet parking services.
§307 -66 DUTIES OF A PERMIT HOLDER.
(A) A permit holder may not provide on- street valet parking service at a
service location unless the location is approved by the department and
listed on:
(1) the permit: or
(2) a temporary permit for the service location
(B) A permit holder shall keep a copy of the permit readily available at the
service location, and shall produce the copy at the request of the director, a
Buffalo Police Officer, or any other person designated by the director.
(C) A permit holder may use no more than one -third of the parking spaces in the designated area to park
customer vehicles. A vehicle may not be parked in a designated area of a service location unless
traffic may move safely in the lanes adjacent to the designated area.
(D) A permit holder shall pay to the City of Buffalo the cost of parking meter
hoods provided and traffic control devices installed pursuant to Chapter
175 Fees of the Buffalo Code.
§307 -67 DUTIES AND RESPONSIBILITIES OF VALET OPERATOR.
A valet operator shall place the operator's booth or stand at the service location the sidewalk in an
unobstructed pedestrian pathway at least six feet wide.
A valet operator shall provide a retroreflective safety vest or other retroreflective material to an
employee who enters the street while on duty during nighttime hours. An employee shall be required
to wear the retroreflective vest or retroreflective material material while on duty.
A valet operator is responsible for the security of keys left with the operator by a customer. The valet
operator shall keep the keys in a secure place.
A valet operator shall place a valet parking tag inside each customer's vehicle that includes the
following information, which must be clearly legible from the outside of the house:
(1) the name of the valet operator: and
a telephone number that will allow the customer to obtain
information about the valet parking operator 24 hours a day_
The information required by Subsection 0)(2) may be provided by a recorded message that informs a
customer of the time and place the customer may obtain keys left in the valet operator's custody, and
the location of the parking facility at which the valet operator parks vehicles for each service location.
4307 -68 RESTRICTIONS ON HANDLING VEHICLES.
(A) A valet operator may not:
(1) double park a vehicle:
(2) leave a vehicle unattended in the street except in the designated area
(3) receive or return a customer's vehicle at a location other than the
(4) designated area for the service location:
(5) park a vehicle on private property unless written authorization has been obtained from the owner of
the property: or
(6) violate a law relating to the stopping, standing, or parking of motor vehicles.
(B) A valet operator shall have custody of the keys to a vehicle while the vehicle is unattended in the
designated area.
(C) A valet operator may allow attended vehicles of the operator's customers
to temporarily queue in the traffic lane adjacent to the designated area if
the queuing does not:
(1) cause traffic behind the queue to obstruct an intersection;
(2) block public access to a business or residence: or
(3) create a safety hazard.
§307 -69 PARKING CITATIONS.
The valet operator shall immediately inform a customer of a parking citation issued to the customer's
vehicle during the time the vehicle was parked by the valet operator. The valet operator shall be
responsible for the fees associated with said parking citation issued while the customer's vehicle was
in the custody of the valet operator.
§307 -70 VALET PARKING PERMIT REQUIRED.
(A) A business establishment may not provide on- street valet parking service to customers unless the
business has a valet parking permit issued under this chapter.
(B) A business establishment may provide valet parking service to customers
without a valet parking permit if the service is operated entirely on private
§307 -71 APPLICATION FOR VALET PARKING PERMIT.
(A) To obtain an initial valet parking permit a person must:
(1) submit an application to the director on a form prescribed by the
(2) pay the applicable fee prescribed by ordinance for the permit: and
(3) pay the annual fee prescribed by ordinance for parking spaces in
the designated area.
(B) To obtain a renewal of a valet parking permit a person must:
(1) submit an application; and
(2) pay the annual fee.
(C) An application for a valet parking permit must include:
(1) the name, address, and phone number of the applicant;
(2) the name and location of the business to be served by a valet Operator.
(3) a copy of the on- street valet operating permit held by the person who will provide valet parking
service for the applicant;
(4) documentation showing that the applicant is covered by a policy of insurance as required by Section
307 -62; and
(5) if vehicles will be parked at a location other than the applicant's premises, a written statement from
the owner of the property indicating that then property owner agrees to accept vehicles from the applicant's
valet parking service.
§307 -72 ISSUANCE OF VALET PARKING PERMIT.
(A) The director shall issue a permit if the director determines that:
(1) valet parking service can safely be provided at the proposed location;
(2) the applicant meets the requirements of this chapter; and
(3) the Commissioner of Public Works, Parks and Streets and the
Director of Parking Enforcement shall determine that the designated area will not cause any safety or
traffic concerns for vehicles or pedestrians in the surrounding areas.
(B) An on- street valet parking permit issued under this chapter must include:
(1) the number and location of on- street parking spaces that the permit holder may use to receive
vehicles from and return vehicles to the permit holder's customers;
(2) a statement that the permit holder may use on- street parking spaces that are immediately adjacent to
the permit holder's business location; and
(3) the hours during which valet parking service may be provided at the service location; and
(4) the Commissioner of Public Works, Parks and Streets approves the
issuance of the valet parking permit.
§307 -73 INDICATION OF DESIGNATED AREA.
The valet operator shall:
(1) provide the valet permit holder parking meter hoods that will
clearly indicate the proper signage identifying the designated area,
and that the parking meter spaces in the designated area are
reserved for valet parking only and that vehicles parked in the
spaces for purposes other than valet parking may be towed;
(2) install traffic control devices at the designated area indicating the
location and extent of the designated area, and the hours the
designated area is reserved for valet parking; and
(3) install traffic control devices on the pavement of the traffic lane immediately adjacent to the
designated area to indicate the traffic lane is a restricted lane;
(4) only use signage as required in sections 1,2 and 3 above, that has
been properly approved by the department.
§307 -74 TRANSFER OF VALET PARKING PERMIT.
(A) A valet parking permit may not be transferred to a subsequent owner or operator of the business at
the service location.
(B) A new owner or operator of the business must file an application under
Sections 307 -64 and 307 -71.
§307 -75 TEMPORARY VALET PARKING
(A) The department may issue a temporary valet parking permit to a person to operate a valet parking
service for a special event.
(B) To obtain a temporary valet parking permit a person must:
(1) submit an application to the department on a form prescribed by the director; and
(2) pay the fee prescribed by ordinance for a temporary valet parking
service permit.
(C) A temporary permit issued under this section is valid for the period indicated on the permit.
(D) The holder of a temporary permit may use three parking spaces as n designated area. The director
may allow the permit holder to use additional spaces for the designated area if:
(1) the director determines that the use of the additional spaces will
not create a safety hazard; and
(2) the permit holder pays the fee prescribed by ordinance for each additional space.
430 -76 ISSUANCE OR DENIAL OF PERMIT.
(A) The director shall grant or deny an application for a permit under this chapter no later than the 10
day the application is received by the department.
(B) The director shall deny an application for a permit under this chapter if the applicant:
(1) makes a false statement on the application;
(2) fails to meet the application requirements of this chapter; or
(3) has no outstanding collection accounts with the City of Buffalo.
(C) In addition to the requirements of Subsection U, the director shall deny an application for a valet
parking permit if the department determines that the proposed valet parking service at the location mad
(1) unreasonably interfere with normal traffic flow on a public street, alley, or other public property; or
create a hazard to public safety.
(D) If the director denies an application for a permit under this chapter, the, department shall send notice
of the denial to Othe applicant by certified mail, return receipt requested, to the applicant's mailing address listed
on the application. A notice mailed under this subsection is considered
§307 -77 TEMPORARY SUSPENSION OR MODIFACATION OF PERMIT.
(A) The director may temporarily suspend or modify a permit issued under this chapter if:
(1) a temporary street closure includes the designated area;
(2) the director determines that an emergency requires the suspension or modification;
(3) the director determines the valet operator has violated any provision of this chapter.
(B) If the director suspends or modifies a permit, the director may allow the permit holder to temporarily
conduct valet parking operations at an alternate location, approved by the director.
4307 -79 REVOCATION OR MODIFICATION OF PERMIT.
(A) The director may revoke or modify a permit under this section if the permit holder violates this chapter
at a service location on more than three separate days within a 12 -month period.
(B) The director may revoke a permit at any time if the director determines that the applicant made a
false statement on the permit application.
(C) If the director revokes a permit under this section, the director shall send notice of the revocation or
modification to the permit holder by certified mail, return receipt requested, to the permit holder's mailing
address listed on the application. A notice mailed under this subsection is considered
4307 -80 APPEAL.
(A) An applicant or a permit holder may appeal the denial of an application under Section 307 -79 or the
revocation or modification of a permit under Section - 307 -79 to the Department of Administrative
Adiudication.
(B) The appeal must be submitted to the A.A. in writing not later than the 10
day after receipt of notice of the adverse action.
(C) A.A. shall hold an informal hearing on the appeal not later than the 10 day after the appeal is
received. At the hearing the formal rules of evidence do not apply. AA shall decide the appeal on the basis of
the preponderance of the evidence presented.
(D) AA shall make a determination on the appeal not later than the 10 day after the hearing. AA may
affirm, reverse, or modify the director's previous determination.
(E) The decision of AA on appeal may be appealed to the New York Supreme
Court.
§307 -81 FEES.
Fees shall be established by separate ordinance under Chapter 175 for the following2
1) application fee;
2) valet parking permit:
(3) et operating permit;
(4) a temporary permit; and
§307 -82 ENFORCEMENT.
The director shall enforce this chapter and rules adopted under this chapter. §307 -83 PENALTY.
307 -83 PENALTY
(A) A person commits an offense if the person performing an act prohibited by
his chapter or fails to perform an act required by this chapter.
(B) An offense under this section is a violation punishable by a fine not to Exceed $500.
(C) Each instance of a violation of this chapter is a separate offense.
APPROVED AS TO FORM
Corporation Counsel
Matter strike through is to be deleted, matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF PUBLIC WORKS, PARKS AND
STREETS AND THE COMMISSIONER OF ADMINISTRATION AND FINANCE
NO. 194
SPONSOR: MR. COPPOLA
CITY RESPONSIBILITY FOR UTILITIES
Whereas: This Council through its Budget Committee continues to monitor the ever rising cost of utilities (gas and electric)
and the amounts provided in the current City budget for payment thereof. The rising costs have been attributed to
worldwide socio - political conditions, limited supply and increasing demand; and
Whereas: The City is also facing the unanticipated cost and burden associated with the return of City Buildings
previously transferred to the Erie County Public Library system as a result of Erie County budget cutting moves that have
led to the closure of many city and suburban libraries; and
Whereas: Community Based Organizations (CBO's) are experiencing many of the same problems facing the City but
further exacerbated by reduced funding levels. As a result, they have contacted the City Administration and /or their district
Council member to seek relief from the burden and responsibility of paying for utilities associated with their operations and
management agreements; and
Whereas: A review of the previously approved operating and management agreements proposed by the City
Administration and approved by this Council reveals an inconsistent policy for utilities payment. This is evidenced by
CBO's either paying the full amount of utilities, a partial / shared amount or the City paying the full amount of utilities; and
Whereas: The City is currently under the auspices of a "control board" (the Buffalo Fiscal Stability Authority) and is
required, amongst other things, to prepare a four -year financial plan. As a result, the City has been placed on a "Financial
Diet" requiring any new expense to be supported by the corresponding financing thereof; and
Whereas: The City leadership and this Council are bound to administer this City and the agreements entered into in a
fair and equitable manner,
Now Therefore Be It Resolved: That given the gravity of this matter, that the Department of Public Works- Office of
Telecommunications and Utilities and the Department of Strategic Planning- Division of Real Estate jointly furnish to the
Common Council Staff Office no later than October 4, 2005, the following information:
A summary of (and if requested, the agreement) governing CBO use, management and /or operation of all City facilities
and /or structures;
The terms of the respective agreement, if any, for the payment of gas, electric, water, sewer and refuse charges and the
status of the payment thereof;
Be it further resolved: That this effort focus on creation of a city -wide policy for the payment of utilities for facilities
utilized, operated or managed by CBO's, that is fair, consistently applied and financially acceptable to the City, the Control
Board and the Taxpayers of this City;
Be it further resolved: That this Council withhold further action on granting CBO utility relief until such time as the City
adopts a policy that addresses the full impact, cost and financing thereof.
REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF PUBLIC WORKS PARKS AND STREETS,
THE DIVISION OF TELECOMMUNICATIONS, THE DIRECTOR OF STRATEGIC PLANNING, THE DIRECTOR OF
REAL ESTATE AND THE COMMISSIONER OF COMMUNITY SERVICES
NO. 196
BY: MR. COPPOLA AND MR. FRANCZYK
RE: TOWN OF PERRYSBURG WATER DISTRICT
Whereas: The State of New York is discontinuing its operation of the water system of the J.N. Adam Center in the Town
of Perrysburg, Cattaraugus County, New York; and
Whereas: The Town of Perrysburg is forming a water district to own and operate the water supply system serving the
Village of Perrysburg and adjacent areas of the Town of Perrysburg to enable these communities to continue to exist; and
Whereas: Such Town water system will enhance the value of the J.N. Adam Center in which the City of Buffalo has an
interest; and
Whereas: The City of Buffalo supports the continued viability of the community centered in the Village of Perrysburg, now
therefore be it.
Therefore Be It Resolved
That the City of Buffalo releases to the Town of Perrysburg, its interest in the J.N. Adam Center water supply,
transportation, treatment, and storage facilities and related real property, including rights of reverter located within the
Town of Perrysburg, which are more particularly set forth as follows:
1. An 8.84 acre parcel on Peck Hill Road containing treatment and storage facilities.
2. A one (1) acre parcel on Edwards Comers Road containing water wells.
3. Pipelines and related easements adjacent to peck Hill Road, transmitting water to the Village of Perrysburg system.
4. Wells and pipeline easements providing water to the above - mentioned treatment facilities.
Be It Further Resolved:
That the Mayor of the City of Buffalo is authorized to execute a Quit Claim Deed and other instruments necessary to
transfer such interests.
PASSED
AYES - 9 NOES -0
NO. 196
BY: BRIAN C. DAVIS
EASTSIDE HOUSING OPPORTUNITIES
WHEREAS: the Common Council of the City of Buffalo, New York (the "Council "), recognizes the need to develop a
sufficient supply of adequate, safe and sanitary dwelling accommodations, for its homeless and transitional citizens,
properly planned and convenient to public facilities; and
WHEREAS: the Council believes that such specialized accommodations, constructed according to the requirements of
town planning, will help to maintain property values in the municipality, thus protecting the sources of public revenue; and
WHEREAS: the Council recognizes that the investment of private funds in entities engaged in providing such
accommodations can be encouraged by authorizing such entities to acquire real property pursuant to the provisions of
Article V of the New York Private Housing Finance Law, thereby entitling such entities to seek certain benefits available to
redevelopment companies under such Law; and
WHEREAS: East Side Housing, L.P., a redevelopment company organized under Article V of the Private Housing Finance
Law as a New York limited partnership, has proposed to purchase various real property sites in the area bounded by
Ellicott Street, Northampton Street, Jefferson Avenue and Southampton Street in the City of Buffalo, New York, for the
purpose of erecting a total of 30 units of affordable housing for low- income individuals; and
WHEREAS: pursuant to Article V of the Private Housing Finance Law, the Council must determine that the acquisition of
real property within the municipality by a redevelopment company is necessary or convenient for the public purposes
defined in said Article V as the clearance, replanning and reconstruction, rehabilitation and modernization of substandard
and insanitary areas and the provision of adequate, safe, sanitary and properly planned housing accommodations in
effectuation of official city plans by such corporations or partnerships; and
WHEREAS: pursuant to Article V of the Private Housing Finance Law, the Planning Board of the City of Buffalo, New York
has recommended approval of the plan of the project to East Side Housing, L.P.: and
WHEREAS: this Council has been asked pursuant to Article V of the Private Housing Finance Law to approve the project
as to conformity with the provisions and purposes of said Article V, the tax exemption pursuant to Section 125 of the
Private Housing Finance Law, and the Payment in Lieu of Taxes Agreement in connection therewith.
NOW, THEREFORE, IT IS RESOLVED: that the Council hereby determines that the acquisition of the real property
identified in Exhibit A attached hereto in the City of Buffalo, New York by East Side Housing, L.P., is necessary and
convenient to accomplish the public purposes as defined in said Article V, including the purposes set forth above; and
BE IT FURTHER RESOLVED: that the real property identified in Exhibit A attached hereto in the City of Buffalo, New
York, be exempted from real property taxes to the full extent permitted by Section 125 of the Private Housing Finance Law
pursuant to the terms of the attached PILOT, conditioned upon East Side Housing, L.P., having entered into a Payment in
Lieu of Taxes Agreement with the City of Buffalo, New York in substantially the form presented to this meeting; and
BE IT FINALLY RESOLVED: that this Body hereby authorizes the Executive Director of the Office of Strategic Planning
and the Commissioner of Assessment and Taxation to enter into a PILOT Agreement in substantially the form attached
hereto.
Mr. Coppola moved
That the resolution involving the Eastside Housing Opportunities requesting authorization for the Executive Director of the
Office of Strategic Planning and the Commissioner of Assessment and Taxation to enter into a Pilot Agreement for
Exemption of real property taxes for those properties identified in exhibit A, attached hereto is hereby approved.
PASSED
AYES - 9 NOES — 0
NO. 197
BY: MESSERS FONTANA & FRANCZYK
REVIEW DELL LICENSE OF 1199 SENECA STREET
WHEREAS: The delicatessen at 1199 Seneca Street has long been the source of neighborhood trouble, with crowds of
youth routinely loitering in front of the unsightly structure; and,
WHEREAS: This delicatessen is a magnet for numerous police calls for various neighborhood disruptions; and,
WHEREAS: The Deli Take -Out license of this store is up for renewal this month;
NOW THEREFORE BE IT RESOLVED:
That the Common Council refrain from renewing the deli and or take -out license at 1199 Seneca Street until a hearing is
held on this premises by the Common Council.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CORPORATION COUNSEL AND THE DIRECTOR OF
LICENSES
NO. 198
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall,
Buffalo, New York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, September 27, 2005 at 9:30 o'clock A.M. Cancelled
Committee on Finance following Civil Service Tuesday, September 27, 2005 at 10:00 o'clock A.M.
Committee on Legislation Tuesday, September 27, 2005 at 2:00 o'clock P.M
Committee on Comm. Dev. A.M. Wednesday, September 28, 2005 at 10:30 o'clock
Special Committees
Spec. Leg. Comm. Monday, September 26, 2005 at 10:00 o'clock A.M. in Room 1417 City Hall on COB Tax Payments &
Auctions.
Education Committee Wednesday, September 28, 2005 at 2:00 o'clock P.M. in the Council Chambers.
(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. 199
ADJOURNMENT
On a motion by Mr. Coppola, Seconded by Mr. Bonifacio, the Council adjourned at 3:00 pm
GERALD CHWALINSKI CITY CLERK
BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #8
OFFICE OF THE COUNCIL PRESIDENT -1315 CITY HALL
SEPTEMBER 22, 2005
Present: David A. Franczyk, Council President; Darby Fishkin, Deputy Comptroller -2.
Absent: Anthony M. Masiello, Mayor Michael Risman, Corporation Counsel -2.
The Journal of the last meeting was approved.
NO. 1
1 transmit herewith the Pension Payroll for the Fire Pension Fund for the months of August and September 2005
amounting to $5,610.00 and request that checks be drawn to the order of the persons named herein for the amounts
stated.
Adopted
Ayes -2. Noes -0.
NO. 2
I transmit herewith the Pension Payroll for the Police Pension Fund for the month of August and September 2005
amounting to $6,565.00. and request that checks be drawn to the order of the persons named herein for the amounts
stated.
Adopted.
Ayes -4. Noes -0.
NO. 3
On a motion by Mr. Franczyk, the City of Buffalo Police and Fire Pension Meeting adjourned at 11:10 a.m.