HomeMy WebLinkAbout05-1004No.18
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
OCTOBER 4, 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
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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
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No. 1
Appointment of Member to the
Buffalo Municipal Housing Authority
Pursuant to the powers vested in me by Subdivison 2, Section 30 of Public Housing Law, I hereby appoint the following
individual for a five -year term commencing October 19, 2005 and ending October 19, 2010.
Thomas F. Higgins 347 Whitfield Avenue Buffalo, NY 14220
Mr. Higgins will fill the vacancy created at the expiration of the term currently held by Dennis Dargavel. I hereby certify that
the above named individual is fully qualified to serve as a member of the Buffalo Municipal Housing Authority
REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL, DIRECTOR OF COLLECTIONS
FROM THE MAYOR
EXECUTIVE DEPARTMENT
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 2
BURA Homeowner Rehabilitation Program
Please accept the attached document for your review regarding the BURA Homeowner Rehabilitation Program.
SUBJECT: BURA Homeowner Rehabilitation Program
Dear Council President Franczyk:
I would like to provide you and other members of the Common Council an update of our Rehabilitation Loan Program.
I am providing two schedules which detail the properties and status of the loan program as of the period ending August
31, 2005. These schedules portray the following:
1. The old loans which were taken over by Belmont in June of 2004, listed alphabetically by street.
2. The new loans which resulted from our reopening of the loan program in late February 2005 listed alphabetically by
street.
I am also advising you that the emergency loan program was temporarily closed in May 2005 since applications had far
exceeded our expectations. We continue to operate the targeted rehabilitation program.
If you have any questions, please feel free to contact me at (716) 851 -5035.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 3
Amend Transfer of Title
Urban Homestead Program
62 Kane, 276'S Genesee
Lot Size: 25' x 100'
Item #12, C.C.P. 5/31/05
In Item #12, C.C.P. 5/31/05 this office forwarded a request to homestead various properties on Eureka, Kane, Genesee,
Camp and Davis Street to New Opportunities Community Housing Development Corporation, 1195 Main Street, Buffalo,
New York 14209. The project is underway to construct twenty (20) single family homes for sale to low income purchasers.
62 Kane was not included in this item and is needed in order continue with this project.
We therefore are requesting that 62 Kane be transferred to New Opportunities Community Housing Development
Corporation for one dollar ($1.00) with the following conditions: 1) the specified structure be erected on the premise within
twenty -four (24) months 2) the homes will be occupied by low /mod income buyers 3) and the purchaser reside in their
new home for a period of not less than fifteen (15) years.
I am recommending Your Honorable Body amend the transfer of title of the various properties to New Opportunities
Community Housing Development Mr. Coppola moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated September 28, 2005,
be received and filed; and
That the offer from New Opportunities Community Housing Development Corporation, in the sum of one dollar and no
more ($1.00) for the purchase of 62 Kane, be and hereby is accepted with the following conditions:
1) the specified structure be erected on the premise within twenty -four (24) months;
2) the homes will be occupied by low /mod income buyers
3) and the purchaser reside in their new home for a period of not less than fifteen (15) years.
PASSED
AYES — 9 NOES - 0
NO. 4
Fair Housing Advisory Board
Item #181, C.C.P. 09/06/05
Please accept the attached response for the above reference Common Council Resolution.
Response to Proposed Legislation Item #181
Fair Housing and Property Code
Section 1: Findings and Policy
The legislation indicates that, "The city finds that some of its citizens have not been permitted equal access of housing..."
This assertion is presumably based on the Analysis of Impediments to Fair Housing, a document prepared by consultants
and funded by the City through Community Development Block Grant (CDBG) funds. The legislation should read that
such a study was conducted and that it is the source of the assertion. Any conclusion provided should state the source of
the data or documentation.
Section 4: Education and the Promotion of Fair Housing Goals
Part (b) requires all landlords owning more than 20 rental units within Buffalo and all Buffalo real estate offices selling
more than 20 residential housing accommodations within a calendar year to use the equal opportunity logotype or a
statement of equal opportunity housing on applications and marketing materials and to display in rental or real estate
offices a public notice of equal opportunity in housing. Currently there is no requirement - Federal or State - to display
equal opportunity logo or marketing materials for private real estate offices or private residential housing owners. By
requiring such a logo, we would be telling private people, in private contractual relationships, how to speak. This may
raise first amendment concerns and should be reviewed by the law department
Section 5: Unlawful Discriminatory Practices
Section 5 (c) states that,
"...all landlords owning more then 20 rental units within the City of Buffalo and all real estate offices selling more then 20
residential housing accommodations within a calendar year shall be required to formulate an Affirmative Fair Housing
Marketing Plan, which must be filed with the Fair Housing Officer or his designee. At a minimum, such Affirmative Fair
Housing Marketing Plans shall include: (i) a statement of nondiscrimination, and (ii) a marketing plan designed to attract a
diverse pool of applicants. The Fair Housing Officer may require annual reports of housing providers' compliance with
their Affirmative Fair Housing Marketing Plans."
The authority to impose this should be reviewed by the law department, particularly with regard to private landlords who
do not rely on federal or state funding.
Section 5 (d) further requires that,
"The provisions of paragraphs 4(b) and 4(c) above shall also apply to any agency or business providing housing services
under contract with the City of Buffalo."
The Office of Strategic Planning currently requires that all applicants for HOME housing funds transmit an Affirmative
Marketing Plan prior to granting such funds. The plan is reviewed and approved by the Fair Housing Office before a
contract for grant funds is executed. During project monitoring, OSP grants monitoring staff do verify that the plan is being
followed. The ability for us to do that is based on the fact that it is a requirement for receiving grant funds. In requiring this
for other landlords, we should be prepared for a possible confrontation and probable litigation with private owners and the
local Board of Realtors. Adding additional marketing requirements is a cost of business that may make landlords less
likely to buy and maintain properties in the City of Buffalo.
This would be difficult to enforce with the limited resources currently in the Fair Housing Office which is staffed by one
individual. This legislative section would require a tracking system for landlords and realtors, a reporting mechanism and
monitoring system which would require additional monetary resources which are currently not available.
To require a homeowner to print or circulate any statement, advertisement or publication, to advertise their rental
becomes onerous for a person who owns and lives in a small unit, such as a double, and offers a second apartment for
rental. This legislation appears to take away the owner's right to choose who lives in their home.
Under State & Federal guidelines, as long as no discriminatory action was taken, the landlord has the right to choose in
deciding who will live in your other unit. This will no longer be the case if this ordinance is approved.
Section 8: Enforcement
Part (a) (i) prescribes that, "The Fair Housing Officer may contract with a not - for - profit fair housing organization to assist in
the performance of these functions." Under procurement laws and guidance, contracts should be based on fair and open
competition. Contracting may not be limited to one type of entity when others may have the experience and ability to
perform similar functions of monitoring and data collection. Illegal restriction of bidding firms is prohibited.
Section 12: Annual Report
Section 12 (b) of the legislation calls for the establishment of a Fair Housing Advisory Board. Under the direction of the
Office of Strategic Planning, a similar advisory group has already been created and is operating to assess fair housing
issues in the City of Buffalo. Some of the best and most experienced fair housing advocates are on this advisory
committee and are meeting to analyze fair housing impediments and to make recommendations to alleviate such
impediments now and in the future.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMPTROLLER
NO. 5
Audit: Erie Basin Marina
2005 audit
AUDIT OBJECTIVE
To verify the accuracy and completeness of lease payments made to the City by Brand on Services, Inc.
AUDIT METHODOLOGY
To accomplish our objective we have performed the following:
• Traced and verified slip rentals to Docking Permit Agreements
• Compared license numbers /owner names of boats in slips to the slip rental listing • Traced and verified utility receivables
with City invoices
• Reviewed cash register tapes and matched tapes to daily summaries of cash • Matched daily summaries of cash to bank
statements • Performed a statistical analysis of sales and costs
• Observed Marina operations and operations at the Hatch & Ships Store
• Matched certain General Ledger items to the Brand -on trial balance
• Footed and Cross - Footed certain schedules to confirm mathematical accuracy • Familiarized Audit Staff with common
restaurant procedures & terminology
• Confirmed licenses / permits for the Hatch / Store with the City's Licenses and Permits offices
AUDIT FINDINGS
The registers check totals are not reconciled. Each register generates a "check total" when started each morning and
closed each evening. The total reflects each transaction for the day, less voids and certain other transactions. Typically,
the register "check total" for the morning is matched to the previous night's check total. This confirms that each day's
receipts have been accounted for. Without checking such totals, it is possible for a register to be "opened" in the morning,
run, then closed out at night and the daily receipts never to be deposited. The dally balancing of register check totals
would prevent such an occurrence as the ending tape total would not match the beginning tape total the next time the
register is set up for the day. A provision should be made to track such totals on the
"daily sheets" used by Hatch staff to aid in cash reconciliation and reporting. This audit comment is a sound control
suggestion: the City has no authority to mandate any action on this audit comment.
The lack of controls around the register totals allows for the possibility of understated revenues. Furthermore, the City
cannot be sure that it is getting the correct share of revenue.
The Monthly Summary of gross revenues derived from Marina Operations, a report mandated by the lease agreement, is
not being provided to the City. Page eleven of the lease clearly states that:
"A monthly summary (as described) report of gross revenues derived from the marina operations should be submitted by
the Operator to the Commissioner of Public Works, Comptroller and the Common Council, furnishing the following
information: Transient Slip Rentals, Fuel Sales, Marina Store Sales (except boat sales and boat repairs), Food and
Beverage Sales, Other Marina Income (itemized totals).
RECOMMENDATIONS
The City requests that the "Dally Sheets" Brand On Services uses for its cash reporting include a reconciliation of check
register totals in addition to the deposit tickets we reviewed. The lack of controls around the register totals allows for the
possibility of understated revenues. Furthermore, the City cannot be sure that it is getting the correct share of revenue.
The City will review Marina gasoline and diesel sales at the completion of the 2005 season. If fuel sales for 2005 are not
comparable to previous years, accounting for fuel price increases some adjustment in the City's share of lease charges for
fuel should be considered.
There may be more effective measures for any new contract for the facility. As an example, consideration of the fee on
gasoline sales may be eliminated for efficiency and competitiveness. The Monthly Summary of gross revenues derived
from Marina Operations, a report mandated by the lease agreement should be obtained and additional reporting may
make the audit more productive.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION
NO. 6
Partial Payment Ordinances and Foreclosure
As a follow up to the Legislation Committee Special Meeting held on September 26, 2005, this will respond to your
request for Department of Assessment and Taxation data regarding the number of tax payments the Department of
Assessment and Taxation could not accept because the payment was an incorrect amount and the property owner failed
to remit the additional amount or interest due, and the amount of money the returned payments represent.
To reiterate, it is a common misconception that the City returns taxpayer checks that are in amounts less than the
installment. In actuality, our procedure is that when a property owner sends a payment that is incorrect, we hold the check
and send the property owner a letter advising that payment was an incorrect amount and requesting any additional
amount due, in the case of an incorrect timely payment, or interest due in the case of late payment. We extend the
taxpayer an 8 -day period within which to remit and if the taxpayer fails to remit payment within that time period, then at
that time we return the check with a letter explaining why the check is being returned. Attached are copies of the two
letters we utilize.
For Fiscal year 2005 -0 -6 The City of Buffalo mailed out 87,293 City Tax and Sewer Rent Bills (with 3 payment coupons
each for a total of 261,879 individual payments). Attached are two spreadsheets, Exhibits A and B, detailing incorrect
payments and returned checks to date for fiscal year 2005 -06. Exhibit details payments submitted to date for fiscal year
20005 -06 that were submitted in incorrect amounts, and can be summarized as follows:
Total Letters Sent Notifying of Held Check 1,241
Total amount of held checks $1,062,311.59
Amount of Additional Payment Due 70,998.46
Total amount due $1,133,300.05
Number who responded and paid 1,060
Number of Seniors Notified 67
Number of Seniors who responded and paid 56
Exhibit B details the actual checks returned for fiscal 2005 -06 for failure to respond to our notice of incorrect payment and
that we were holding the check and can be summarized as follows:
Total number of returned checks 181
Amount of returned checks $176,540.09
Number of resubmitted payments in correct amount 74
Amount of resubmitted payments 67,543.24
Number of Seniors whose checks were returned 11
Number of Seniors who responded and paid correct amount 5
It is important to note that the figures for payments received represent payments received as of September 30, 2005; we
are continuing to receive and process payments for fiscal 2005.06.
We are still in the process of finalizing similar data for fiscal years 2003 -04 and 2004 -05 analyzing the number of checks
held for incorrect payment, number of taxpayers who responded and paid the correct amount, and number of taxpayers
who did not pay in response to our notice to submit correct payment and will submit these data in a supplementary
response. However, our preliminary analysis shows that:
By close of fiscal year 2004 -05 the Department of Assessment and Taxation had sent 3,813 letters notifying of incorrect
payment; 3,185 taxpayers responded and paid the correct amount; 638 checks were returned. Our MIS Department is
preparing a report of the 638 returned checks to determine how many of those have now paid.
By close of fiscal year 2003 -04, the Department of Assessment and Taxation had sent 3,688 letters notifying of incorrect
payment; 3,180 responded and paid the correct amount; 508 checks were returned. Our MIS Department is preparing a
report of the 508 checks returned to determine how many of those have now paid. We do know that of the 508 returned
checks for fiscal 2003 -04, the target year for In Rem 39, only 1 property, 494 Busti, a vacant boarded up residential
property, is scheduled to be sold on In Rem 39.
Analysis of the enclosed spreadsheets shows that the number of taxpayers whose tax payment is incorrect is very small
compared to the total number of tax bills mailed, and the percentage of returned checks is smaller still. The majority of
incorrect payments were payments that were simply paid late, incurring interest, and of those notified that additional
payment was due, the majority did pay the additional amount due. The numbers do not support a conclusion that
taxpayers whose payments were returned for non - response went to tax foreclosure. When compared to the total number
of tax bills mail, the very small amount of returned checks does not warrant a radical and far - reaching change in the way
the City bills and collects its real property tax. There is absolutely no proof that taxpayers whose payments are returned
for not responding to our notice of incorrect payment are then foreclosed upon, and in fact, the actual numbers do not
support such a conclusion.
I question the motives of the Anti - Flipping Task Force in pursuing an issue that is not supported by evidence or fact as
demonstrated by the enclosed Exhibits A and B.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS
NO. 7
Management Information Systems revenue generating initiatives
Details & Plan Outline for WiFi Infrastructure for the City
Item No. 149, C.C.P. 05/17/05
Administration has a plan in progress to establish WiFi corridors along Main Street and Michigan Avenue. MIS will work
with Administration on this plan and any future development of selective WiFi zones in the City. MIS however can not
present a business plan for city wide WiFi infrastructure until the scope and coverage area of these selected zones has
been established.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER PUBLIC WORKS
NO. 8
Reply to Audit - Erie Basin Marina
We have reviewed the Comptroller's audit of the operations at the Erie Basin Marina with members of the Comptroller's
staff. We agree with the findings of the audit, and we will strongly recommend that Brand -On Services adopt the
Comptroller's recommendations. We will also begin discussions with Brand -On to determine if changes in our contract
dealing with fuel sales should be considered.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 9
Report of Bids
Masten Park Pool Building
Roof Reconstruction
Job No. 0532
Ellicott District
I advertised for on September 14, 2005 and
received the following formal bids for the Masten Park Pool Building, Roof
Reconstruction, on September 28, 2005.
Grove Roofing
$109,340.00
131 Reading, Buffalo, NY
Weaver Roofing
$110,655.00
40 Appenheimer, Buffalo, NY
Progressive Roofing
$114,500.00
331 Grote, Buffalo, NY
Jameson Roofing
$128,867.00
3761 East Lake, Dunkirk, NY
Jos. A. Sanders & Sons
$130,191.00
P 0 Box 814, Buffalo, NY
Bock & Whitman $137,960.00
Norfolk, Buffalo, NY
I hereby certify that the foregoing is a true and correct statement of all bids received and that Grove Roofing, in the
amount of One Hundred Nine Thousand Three Hundred Forty and 00/100 Dollars ($109,340.00), 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 28, 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 the
Masten Park Pool Building, Roof Reconstruction, to Grove Roofing, the lowest responsible bidder, in the amount of
$109,340.00. Funds for the project are available in 38321106 445100 - Buildings.
PASSED
AYES — 9 NOES — 0
NO. 10
Report of Bids
Shoshone Park
Mayor's Impact Team Storage Garage Addition
Job No. 0531
University District
I advertised for on September 6, 2005 and received the following formal bids for the Mayor's Impact Team Storage
Garage Addition, Shoshone Park, on September 27, 2005.
Miller Enterprises $65,900.00
12 Newfield, Buffalo, NY
The Hadala Corp. $71,000.00
325 Grote, Buffalo, NY
C. Nichter, Inc. $71,000.00
30 Wildwood, Lancaster, NY
Wilsandra $74,444.00
300 Camden, Buffalo, NY
The Peyton Barlow Co. $79,250.00
360 Delaware, Buffalo, NY
Mazur Construction $80,000.00
10025 Keller, Clarence, NY
I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Enterprises, with a bid
in the amount of Sixty Five Thousand Nine Hundred and 00/100 Dollars ($65,900.00), is the lowest responsible bidder in
accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work
on the basis of the low bids. Funds for this project are available in 38320906 445100 - Buildings.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated September 28, 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
Shoshone Park, Mayor's Impact Team Storage Garage Addition, Shoshone Park, to Miller Enterprises, the lowest
responsible bidder, in the amount of $65,900.00. Funds for the project are available in 38320906 445100 - Buildings.
PASSED
AYES — 9 NOES — 0
NO. 11
Report of Bids
City Hall
Masonry Restoration - Phase I
Job No. 0529
Ellicott District
I advertised for on July 27 & 28, 2005 and received the following formal bids for City Hall, Masonry Restoration, Phase I,
on September 7, 2005.
Base Bid Alt. #1 Alt. #2 Alt. #3
Alt. #4
Progressive Weatherproofing /$3,136,000 $ 79,500 $127,200 $37,100
$ 63,600
Allstate Development
33 Ransier, West Seneca, NY
Morris Masonry $3,924,365 $107,267 $ 66,731 $13,377
$ 64,162
40 Appenheimer, Buffalo, NY
Graciano Corp. $3,873,396 $210,450 $141,136 $28,412
$128,139
209 Sigma, Pittsburgh, PA
Alternate #1 - Perform additional masonry repairs and cleaning work in areas indicated on
drawings A -6, A -7 and A -9.
Alternate #2 - Perform additional masonry repairs and cleaning work in areas indicated on
drawings A -6 and A -7.
Alternate #3 - Perform additional masonry repairs and cleaning work in areas indicated on
drawings A -6 and A -9.
Alternate #4 - Perform additional masonry repairs and cleaning work in areas indicated on
drawings A -7, A -8 and A -9.
I hereby certify that the foregoing is a true and correct statement of all bids received and that Progressive
Weatherproofing /Allstate Development (Joint Venture), with a base bid of $3,136,000.00, add Alt. #1 for $79,500.00, add
Alt. #2 for $127,200, add Alt. #3 for $37,100.00, add Alt. #4 for $63,600.00, for a total bid amount of Three Million Four
Hundred Forty Three Thousand Four Hundred and 00/100 Dollars ($3,443,400.00), 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 38320706, 38320806, 37320206 445100, - Buildings.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated September 27, 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 City
Hall Masonry Restoration, Phase I to Progressive Weatherproofing /Allstate Development (Joint Venture), the lowest
responsible bidder, in a base bid of $3,136,000.00, add Alt. #1 for $79,500.00, add Alt. #2 for $127,200, add Alt. #3 for
$37,100.00, add Alt. #4 for $63,600.00, for a total bid amount of $3,443,400.00. Funds for this project are available in
38320706, 38320806, 37320206 445100 - Buildings.
PASSED
AYES — 9 NOES — 0
No. 12
Report of Bids
Decorative 12' Aluminum Street Light Poles
Citywide
On Thursday, August 12, 2005 the Division of Purchase publicly opened and read aloud bids for the purchase and
delivery of(60) - 12 foot decorative, aluminum street light poles. The results are as follows:
Stuart C. Irby Co. $39,480.00'
Stuart C. Irby Co. $63,180.00'
Spoth Electric $64,200.00"'
Davis Electrical $69,333.60
Shanor Electric $71,874.00
Graybar Electric $76,200.00
Products submitted did not meet specifications
" Lowest responsible bidder meeting specifications
The engineer's estimate for this work was $65,000.00 and funds are available in Capital Project account #37310506.
Based on these results, I recommended your Honorable Body award a contract in the amount of $64,200.00 to Spoth
Electric.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated September 29, 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 the
purchase and delivery of (60) - 12 foot decorative, aluminum street light poles, to Spoth Electric, in the amount of
$64,200.00. Funds for the project are available in Capital Project account #37310506.
PASSED
AYES — 9 NOES — 0
NO. 13
REPORT OF BIDS
RECYCLING OF YARD WASTE
CITYWIDE
This is to advise your Honorable Body that I have advertised for and received public bids on September 28, 2005 for the
Recycling of Yard Waste - Citywide.
The following bids were received:
Contractor Total Bid Price
Concord Engineering 1500 Tons with Clear Bags $35.50 x 1500 = $ 53,250.00
74 W. Main Street 1500 Tons without Bags $37.50x 1500=
Springville, NY 14141 Total $109,500.00
Lancaster, NY 14086
Good Earth Organics Corporation
5960 Broadway 1500 Tons with Clear Bags $39.50 x 1500 = $ 59,250.00
P.O. Box 266 1500 Tons without Bags $36.00 x 1500 = $ 54,000.00
Lancaster, NY 14086 Total $113,250.00
1 hereby certify that the lowest responsible bidder for the above project is Concord Engineering with a base bid amount of
$109,500.00 and funds are available in Refuge Disposal Services Account #52002606- 442100.
I therefore recommend that Your Honorable Body authorize a contract award to Concord Engineering in accordance with
their low bid on September 28, 2005 in the amount of $109,500.00
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated October 3, 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
Recycling of Yard Waste - Citywide, to Concord Engineering, the lowest responsible bidder, in the base bid amount of
$109,500.00. Funds for the project are available in Refuge Disposal Services Account #52002606 442100.
PASSED
AYES - 9 NOES -0
NO. 14
CHANGE IN CONTRACT, CDBG FOND TRANSFER
CITY -WIDE SIDEWALK REPLACEMENT —
2006 P & J CONSTRUCTION CO., INC.,
GROUP #642 CONTRACT #92011001 - NIAGARA DISTRICT
I hereby submit to your Honorable Body the following unit price additions to the contract for the above named Project.
This change order is necessary for curb /sidewalk replacement at the following locations:
1. Massachusettes / 15 Sweet / West Utica - Community Garden
2.17 Street / Vermont - Community Garden
3. Baynes- Potomac to West Delavan
4. Jersey Street- Plymouth to Porter
5. Rhode Island - Niagara to Richmond
Contract Unit Estimated Estimated
Item Description Price Quantity Cost
R05.204 Concrete Sidewalks - 4" Repl. $3.50 /sq.fi.18,314 sq.ft. $64,099
R07.104 Granite Curb - 4" Repl. $32 /lin.fi. 230 Iinft $7,360
R07.104R Granite Curb- 4" Radius Repl. $35 /lin.ft. 220 Iin.fi. $7,700
08.210 4" Underdrain $4 /lin.fi. 450lin.fi. $1,800
11.110 Hydrosaed $0.20/sq.tL6,750 sq.ft. $1,350
12.110 Maintenance & Protection of Traffic$2,000 /Ls. Lump Sum 100% $2,000
613.0101 Topsoil $50 /eu.yd.84 cu.yd $4,200
8502.5014 Sawcut Pavement $3 /lin.tL 4501in.tL $1,350
24608.50 Detectable Warning Surface $40 /sq.tL 40 sq.ft. $1,600
680.620506 Conduit Rigid Plastic, Class 1, 2 "6 /lin.R. 140lln.fl. $840
Total $92,299
Existing Contract Amount $805,169.20
Increase in Contract $92,299.00
Total Contract to Date $897,468.20
1 respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that your
Honorable Body approve the subject Change order and authorize the Commissioner of Public Works to issue said change
order to P & J Construction Co., Inc. Permission is also requested for the transfer of CDBG funds into our Capital Projects
Account #30032106.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated September 15, 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 P
& J Construction Co., Inc., an increase in the amount of $92,299.00, as more fully described in the above communication,
for work relating to City -Wide Sidewalk Replacement - 2005, Group #642, Contract #92011001. Funds for this project are
available in Capital Projects Account #30032106.
PASSED
AYES - 9 NOES -0
NO. 16
CHANGE IN CONTRACT
MAIN MERCER FIRE STATION
EXPANSION & RECONSTRUCTION
JOB #0422
MASTEN DISTRICT
I hereby submit to Your Honorable Body the following changes for the Main Mercer Fire Station, Expansion &
Reconstruction, HVAC Work, Paris Mechanical, Inc., C #92010967.
1. Supply and install 25' heavy duty gas pump hose. Add $ 449.00
The foregoing change results in a net increase in the contract of Four Hundred Forty Nine and 001100 Dollars ($449.00).
Current Contract Amount $101,666.00
Amount of This Change Order ( #1) $ 449.00
Revised Contract Amount $102,115.00
Costs have been reviewed by the Consulting Architect (Bergmann Associates) and the Department of Public Works,
Parks & Streets and were found to be fair and equitable. Funds for this work are available in 30062206 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 23, 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 #1 to
Paris Mechanical, Inc., an increase in the amount of $449.00, as more fully described in the above communication, for
work relating to Main Mercer Fire Station, Expansion & Reconstruction, HVAC Work, Job #0422, C #92010967. Funds for
this project are available in 30032206 445100 - Division of Buildings.
PASSED
AYES - 9 NOES -0
NO. 16
CHANGE IN CONTRACT
MAIN MERCER FIRE STATION
EXPANSION & RECONSTRUCTION
JOB #0422
MASTEN DISTRICT
I hereby submit to Your Honorable Body the following changes for the Main Mercer Fire Station, Expansion &
Reconstruction, General Construction, The Peyton Barlow Co., C #92010964.
1. Replace existing hose tower door. Add $ 2,463.00
The foregoing change results in a net increase in the contract of Two Thousand Four Hundred Sixty Three and 00/100
Dollars ($2,463.00).
Current Contract Amount $1,160,467.05
Amount of This Change Order ( #5) $ 2,463.00
Revised Contract Amount $1,162,930.05
Costs have been reviewed by the Consulting Architect (Bergmann Associates) and the Department of Public Works,
Parks & Streets and were found to be fair and equitable. Funds for this work are available in 30062206 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 23, 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 #5 to
The Peyton Barlow Co., an increase in the amount of $2,463.00, as more fully described in the above communication, for
work relating to Main Mercer Fire Station, Expansion & Reconstruction, General Construction, Job #0422, C #92010964.
Funds for this project are available in 30032206 445100 - Division of Buildings.
PASSED
AYES - 9 NOES -0
NO. 17
CHANGE IN CONTRACTNORTH JEFFERSON LIBRARYCONSTRUCTION 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, C #92010865.
1. Supply and install access doors to underground ducts. Add $ 568.00
The foregoing change results in a net increase in the contract of Five Hundred Sixty Eight and 001100
Dollars ($568.00).
Summary: Current Contract Amount $624,142.53
Amount of This Change Order ( #5)Add $ 568.00
Revised Contract Amount $624,710.53
Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, P.C., 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 27, 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 #5 to
W. C. Roberson Plumbing and Construction, an increase in the amount of $568.00, as more fully described in the above
communication, for work relating to North Jefferson Library Construction, HVAC Work, Job #0324, C #92010865. Funds
for this project are available in 38321006 445100 - Division of Buildings.
PASSED
AYES - 9 NOES -0
NO. 18
CHANGE IN CONTRACT: NORTH JEFFERSON LIBRARY
CONSTRUCTION JOB #0324
I hereby submit to Your Honorable Body the following changes for the North Jefferson Library, Construction, Patrick
Development of WNY, Inc., C #92010833.
1. RFI #135 - Change full height wardrobe type lockers to
equal number of stacks of 12" high box lockers. Add $495.00
2. RFI #128 -1 - Supply and install overhead rolling door for opening 128 -1. Add $1,564.00
The foregoing change results in a net increase in the contract of Two Thousand Fifty Nine and 00/100
Dollars ($2,059.00).
Summary: Current Contract Amount $3,082,775.86
Amount of This Change Order ( #10) Add $ 2,059.00
Revised Contract Amount $3,084,834.86
Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, PC, 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 23, 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 # 10 to
Patrick Development of WNY, Inc., an increase in the amount of $2,059.00, as more fully described in the above
communication, for work relating to North Jefferson Library, Construction, Job #0324, C #92010833. Funds for this project
are available in 38321 006 445100 - Division of Buildings.
PASSED
AYES - 9 NOES -0
NO. 19
EMERGENCY ROOF RECONSTRUCTION
BROADWAY GARAGE
ELLICOTT DISTRICT
The Commissioner of Public Works, Parks & Streets has declared an emergency for Roof Reconstruction at the
Broadway Garage because of the approaching inclement weather, and has solicited the following proposals for
reconstructing the roof:
Weaver Metal & Roofing $33,350.00
40 Appenheimer, Buffalo, NY
Jos. A. Sanders & Sons $55,541.00
P 0 Box 814, Buffalo, NY
Jameson Roofing $75,836.00
3761 E. Lake, Dunkirk, NY
The Department of Public Works, Parks & Streets will enter into a contract with Weaver Metal & Roofing in the amount of
Thirty Three Thousand Three Hundred Fifty and 00/100 Dollars ($33,350.00). Funds for the work are available in
38320906 445100 - Division of Buildings.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated September 22, 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 the
Emergency Roof Reconstruction at the Broadway Garage, to Weaver Metal & Roofing, the lowest responsible bidder, in
the amount of $33,350.00. Funds for the project are available in 38320906 445100 - Division of Buildings.
PASSED
AYES - 9 NOES -0
NO. 20
EMERGENCY RECONSTRUCTION
FIRE ENGINE 10
40 GANSON STREET
SOUTH DISTRICT
Engine 10, located at 40 Ganson Street, was extensively damaged by a car. The roof, brick wall and other components
were partially destroyed and have been temporarily enclosed with plywood by City crews. Because of the approaching
inclement weather, the Commissioner of Public Works, Parks & Streets has declared an emergency and has solicited the
following proposals for reconstructing the building:
Miller Enterprises $24,000.00
12 Newfield, Buffalo, NY
Morris Masonry Restoration $26,500.00
40 Appenheimer, Buffalo, NY
Allgaier Construction Corp. $34,632.00
4790 Thompson, Clarence, NY
The Department of Public Works, Parks & Streets will enter into a contract with Miller Enterprises, Inc. in the amount of
Twenty Four Thousand and 00/100 Dollars ($24,000.00). Funds for the work are available in Division of Buildings Capital
Account 36322206. The Law Department is negotiating with the driver's insurance carrier to reimburse the City's
expenses from the accident, including the building reconstruction costs.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated September 19, 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 the
Emergency Reconstruction at Fire Engine 10, 40 Ganson Street to Miller Enterprises, the lowest responsible bidder, in the
amount of $24,000.00. Funds for the project are available in Division of Buildings Capital Account 36322206..
PASSED
AYES - 9 NOES -0
NO. 21
1664 ELMWOOD AVENUE;
ENCROACHMENT WITHIN CITY RIGHT OF WAY
(NORTH DISTRICT)
Ms. Shandra Beutner, owner of Carriage Trade Pastries, located at 1654 Elmwood Avenue, has requested permission to
install stairs and a deck within City right of way at said address.
The deck or platform would measure 6' X 6' with stairs on both sides and measure 17" in height. The steps and deck
would have a 42" railing. The purpose of the deck and stairs is to provide an aesthetically more pleasing entrance to the
bakery.
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 Ms. Beutner for said installation provided
the following conditions are met:
1. That the applicant obtain any and all City of Buffalo permits necessary for said installation.
2.That the applicant be responsible for maintenance of the deck and stairs as long as they remain within City right of
way.
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 deck and stairs.
Mr. Coppola moved:
That the above communication from the Department of Permit & Inspections Services dated September 29, 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 Ms. Shandra Beutner, owner of Carriage Trade Pastries, located at 1654 Elmwood Avenue, to install a deck or
platform measuring 6' x 6'with stairs on both sides and measure 17" in height with a 42" railing which would encroach city
right -of -way at said address, subject to the conditions as listed above.
PASSED
AYES - 9 NOES -0
NO. 22
CERTIFICATE OF APPOINTMENT
Appointment Effective: September 26, 2005 in the Department of Public Works, Parks & Streets
Division of Water to the Position of Pumping Plant Superintendent at the Maximum starting salary of $62,510.00
Michael Wolasz, Sr., 53 Huntley Road, Buffalo, New York
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF POLICE
NO. 23
PERMISSION TO ACCEPT VARIOUS GRANTS AWARDED TO DEPARTMENT LISTED BELOW AND APPROVAL
FOR APPROPRIATE INTERFUND CASH LOANS]
As you are aware, the Buffalo Police Department has been very successful in securing grant funding through various
sources. We have received official verification and confirmation from the County, State and Federal Governments as to
these awards. Therefore, in order to keep within the practices of our grant processing, especially in this time of critical
need for funds, we are asking permission from your Honorable Body and Buffalo's Fiscal Stability Authority (if required) for
the Mayor to enter into the contracts listed below. In addition, we are also requesting, as is our standard practice, that
your Honorable Body authorize the Comptroller to provide for an interfund cash loan for all non - personnel expenses until
such reimbursements are secured by the funding source (County, State, "Feds "). We have listed the amounts under each
identified grant and each loan would then be repaid as the reimbursements are sent to the City under the individual grant
programs.
As you are aware, the grant process often involves delayed information, budgets, and contracts at these government
levels, often times beyond the City's control, and therefore create a pressing situation for the processing of the required
paperwork. Some of these grants involve personnel expenses, equipment, etc. and it is imperative that we spend out the
funding prior to the end of the grant's fiscal year, and in most cases, because of the lengthy processing, we are constantly
faced with time constraints Therefore, we would appreciate your approval at the next meeting.
STOP DWI Grant Program We are requesting authorization for the Mayor to enter into the 2006 renewal agreement
between the City of Buffalo and the County of Erie under the STOP DWI Grant Program for the period January 1, 2006
through December 31, 2006. The City of Buffalo and the County of Erie have had these annual contractual agreements
over the last several years whereby the City is reimbursed for efforts in the enforcement of alcohol and /or related traffic
violations. Under this agreement, the City will be reimbursed by the County for up to 65% of all revenue generated from
fines levied resulting from the disposition of alcohol - related traffic offenses. These funds are then utilized to continue
enhancing the Department's DWI enforcement activities. Under this particular grant, there is no City Match and no
interfund cash loan request.
NYS MOTOR VEHICLE THEFF /INSURANCE FRAUD PREVENTION
GRANT - Again, we are asking for authorization for the Mayor to enter into
a renewal agreement between the City of Buffalo and the Department of Criminal Justice Services under the State's Motor
Vehicle Theft and
Insurance Fraud Prevention Program for the period 01 -01 -06 through 12- 31 -06. Our potential award will range between
$80,000 and $100,000 and the expenditures under this grant project will cover reimbursement for a Detective's position as
it relates to the incidence of automobile thefts and correlated crimes (including overtime, if applicable) and training
expenses. We are requesting an interfund cash loan for all non - personnel expenditures (training expenditures pertinent to
this initiative) until such reimbursement is secured from the State. The loan would then be repaid as the reimbursements
are sent to the City from the State under this grant project. There is no City Match involved with this grant.
OPERATION PROTECT KIDS (CIGARETTE GRANT) - This renewal grant was awarded to the County of Erie under the
New York State Department of Health's Youth Tobacco Enforcement and Prevention Grant and will run through
September 30, 2006.
Under this renewal agreement, the County will reimburse the City of Buffalo the sum of $35.00 for every completed
compliance check of merchants who sell tobacco products. Using underage operatives as decoys, compliance checks
have been conducted to see if active enforcement of New York State Public Health Laws reduces the availability of
tobacco products to children. Another focus of this project has been to educate local business owners with licenses to sell
tobacco products as to the law, and how this law must be enforced. Merchants who have been found violating this law
and allowed the operative to purchase tobacco products, are to be subjected to penalties imposed by the Health
Department, which may include fines. The City of Buffalo will receive 50% of any fines levied in order to continue the
efforts to reduce tobacco sales to minors.
BUFFER ZONE PROTECTION INITIATIVE - As part of the US Department of Homeland Security's many initiatives, the
City of Buffalo, through its Police Department has been awarded $150,000 to be utilized to purchase equipment to
enhance protective security measures and infrastructure protection for key assets and critical infrastructures, especially
focusing on 3 sites identified by New York State as meeting the federal definition of "Critical Infrastructures" through the
Weapons and Mass Destruction Buffer Zone Protection Plan: HSBC; PVS Chemical; Sorrento Cheese. The funding can
be utilized for authorized equipment purchases only. The Department submitted a budget, which was Federally and State
approved to purchase jersey barriers, evidence collection /crime scene van, and digital security cameras /recorders and
design and installation of same. The grant period ends 03/31/06 and there is no City match involved with this grant
initiative. The premise behind this particular initiative is to support outside perimeter protection of identified critical
infrastructures /key assets by developing effective protective measures that make it more difficult for terrorists to conduct
surveillance or launch attacks within the immediate vicinity of high priority potential targets. We are requesting an
interfund cash loan for all non - personnel expenditures (equipment expenditures pertinent to this initiative) should the need
arise until such reimbursement is secured from the State. The loan would then be repaid as the reimbursements are sent
to the City from the State under this grant project.
BULLET PROOF VEST REIMBURSEMENT: Again, through its Department of Police, the City is entitled to receive up to
50% reimbursement, totaling $80,237.76, for the authorized purchase of bullet proof vests that comply with the
requirements of the Office of Justice Programs' National Institute of Justice. Reimbursement is handle online and the City
will receive a direct payment once proper reimbursement steps are electronically initiated.
OPERATION IMPACT II: The Buffalo Police Department is respectfully authorization for the City to accept funds from the
County of Erie (District Attorney's Office) for Operation Impact. This renewal grant was awarded to the County of Erie
through the New York State Department of Criminal Justice Services and will run through June 30, 2006.
Operation Impact is part of a comprehensive strategy in New York State to reduce violent crime involving gangs, guns and
drugs through integrated anti -crime teams. Buffalo's strategy includes coordination with federal (ATF, FBI, DEA, US
Marshal) state (NYS Police) and local law enforcement (Buffalo Police, Erie Co. Sheriff Dept, Central Police Services,
NFTA, Housing) as well as Probation, Parole, the US Attorney's Office, and the District Attorney's Office.
It is a mandate of this grant initiative, that the County reimburse the City of Buffalo, through its Police Department, a total
of $202,500 in base funding, as well as $166,483 in supplemental funding as we report the highest UCR Part I for violent
crimes in Erie County; 20 plus counties across the State have received renewal funds for this initiative. This year, there is
no matching requirement. The funding award of $368,983, will be utilized as follows:
$61,227 - Continuation of coverage after 12/31/05 for the salary /fringes of 3 Report Technicians rehired last year (Please
note it is a mandate of this grant that law enforcement agencies receiving funds must submit UCR Part I crimes to DCJS
by 30 days following end of month and because we were able to rehire these 3 Report Technicians, we have been able to
keep up with this requirement under the Year One Grant
$101,920 Overtime reimbursement (including FICA /Pension on overtime) for participating with federal /state enforcement
agencies to serve warrants, work homicides including cold cases, narcotics activities, wiretaps
$6,775 - Confidential funds for participating with federal /state enforcement agencies in covert operations /stings
$40,519 - Equipment: Mapping Software; License Plate Recognition System (electronic reading of license plates from
police and /or undercover vehicles); sting lights (light flashlite for entry teams); disguised cigarette pack transmitter for
undercover operations
$5,000 (mandatary amount per DCJS) - Technical Training /Travel to same - NYS is holding training presentations and
mandatory attendance required at same through this grant
$43,189 50% reimbursement Detective /Sgt Salary /Fringes (Special Services)
$43,747 25% reimbursement 2 School Resource Salaries /Fringes
$1,606 General Office Supplies (computer ink cartridges, paper, files, etc.)
$40,000 Central Police Services for ballistic firearms analysis, ballistic testing, NIBIN testing,
$25,000 SUNY Buffalo for mandatory outcome based grant evaluation, data /statistical audit zeroing in on locations within
BPD as it relates to gang member information /activity, violent crime, statistical data, etc.
Again, we are asking for permission for the City to accept this award, and also, authorization for an interfund cash loan
covering all non - personnel expenditures should the need arise. The loan would then be repaid as the reimbursement
would be sent to the County from the State and then directly to the City under this special initiative. This particular grant
application process has been very long and bureaucratic with the State and the processing of this grant information has
been difficult due to the complexity of the different entities involved, the fact that the Year One Grant does not end until
12/31/05 and the State imposed a 7/1/05 start date on Year 2, and the various other grant stipulations.
We try to secure all the required grant information in a timely manner, however, the reality is that is always not possible,
and as a result, we find ourselves in a position of having to process things, such as this request, extremely quickly in order
to follow our own governmental procedures. We need your immediate approval due to the various timetables, and also,
we are presenting this to the Control Board at their October 12th meeting, which we cannot do until we secure your
approval.
If you have any questions or require further clarification of the above, please contact Chief Richard Ortiz or Maureen
Oakley at ext. 4475.
Thank you for your immediate attention to the above.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF FIRE
NO. 24
FIRE STATION DEPLOYMENT
Recommendations outlined in the MMA Consulting Group Organizational Assessment of the Buffalo Fire Department call
for the reduction and control of department expenditures and the investment of resources for a new deployment and fire
station model.
Phase I construction of fire stations at Fillmore /Buell, Hertel /Elmwood and Main /Mercer are expected to be completed $62,510.00
within the next 2 months. Planning and design for Phase II construction will continue through Spring 2006.
After careful consideration and much deliberation with members of the Executive Staff, we respectfully submit the
following recommendations:
• Move Engine 33 from current location at Kehr & Winslow to a new station at Fillmore /Buell. Close Kehr
& Winslow station.
• Move Ladder 7 from current location at Leroy /Halbert to Main /Mercer (truck bay addition).
Decommission Engine 24 and close Leroy /Halbert station.
• Move Engine 36 from current location at Elmwood /Great Arrow to new station at Hertel /Elmwood.
Close Elmwood /Great Arrow station.
Move Ladder 13 from current location at Colvin /Linden to new station at Hertel /Elmwood.
• Decommission Ladder 12 at Amherst /Grant. Close Amherst /Grant station.
Mr. Coppola moved:
That the above communication from the Department of Fire dated September 1, 2005 be received and filed; and
That the Commissioner of Fire be, and he hereby is authorized to implement the recommendations for fire station
deployment as more fully described in the above communication.
PASSED
AYES - 9 NOES -0
NO. 26
CERTIFICATE OF APPOINTMENT
APPOINTMENT EFFECTIVE: September 14, 2005 in the Department of Fire to the position of Fire Captain, Permanent
promotion at the flat starting salary of $62,136
Stephen Keohane, 106 Empress, Amherst, NY 14226
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 26
CERTIFICATE OF APPOINTMENT
Appointment effective September 14, 2005 in the Department of Fire to the Position of Lieutenant, Permanent
Appointment at the flat Starting Salary of $59,134
Daniel Bossi, 5721 Cole Road, Orchard Park, NY 14127
John Murphy, 2 Lincoln Blvd., Kenmore, NY 14217
Timothy Reid, 805 McKinley Pkwy., Buffalo, New York 14220
Ronald Morganti, Jr., 61 Naples Drive, W. Seneca, NY 14224
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CORPORATION COUNSEL
NO. 27
Police Officer Duane Luchey —
Reimbursement of Medical Bills and Wages
On September 23, 2003, a police vehicle operated by Police Officer Duane Luchey was involved in an accident with a car
driven by Daisy Parker. Officer Luchey was responding to a burglary in progress call at the time of the accident. He
injured his head, neck and back in the accident. The City of Buffalo paid Officer Luchey's medical bills and wages during
the period of his disability from the accident pursuant to §207 -c of the General Municipal Law. Under §207 -c(6) of the
General Municipal Law. The City of Buffalo may pursue recovery of amounts paid to Officer Luchey from a responsible
third - party. The City of Buffalo has a claim of approximately $37,650.00 for amounts paid in excess of no- fault.
The other driver, Daisy Parker has a $100,000.00 insurance policy on her vehicle. Police Officer Luchey has a claim
against Ms. Parker for his injuries and pain and suffering from the accident. The insurance company has offered to pay its
entire policy of $100,000.00 to settle Officer Luchey's claim and the City's claim. After numerous settlement discussions, a
settlement has been agreed whereby the City of Buffalo would accept $20,000.00 in full settlement of its claim. The
balance of $100,000.000 would be split between Officer Luchey and his attorney. The Law Department believes this is an
equitable distribution of the insurance money. In addition, the money was recovered in part by the efforts of Mr. Luchey's
attorney and the City's costs and expense of Court proceedings were avoided.
In light of the above, the Law Department recommends the compromise of the City's claim for the sum of $20,000.00.
Mr. Coppola moved:
That the communication from the Corporation Counsel, dated September 20, 2005, be received and filed; and
That the Corporation Counsel be, and he hereby is authorized to compromise the City's claim for the sum of $20,000.00
for the Police Officer Duane Luchey's reimbursement of medical bills and wages.
PASSED
AYES — 9 NOES — 0
NO. 28
Police Adjudication Summonses
Your Honorable Body has asked the Bureau of Administrative Adjudication to provide information concerning quality of life
summonses issued by the Police Department from July 1, 2004 to present.
Please be advised as follows:
POLICE
SUMMONSES SUMMONSES HEARINGS HEARINGS NOT GUILTY HEARINGS
ISSUED PAID REQUESTED HEARD VERDICTS
PENDING
7/1/04 TO
8/31/05 1401 544 408 147 60 168
JULY 2005 499 152 135 16 8 96
AUGUST 2005 278 85 51 0 N/A 51
As you can see from the above table, I have also shown the breakdown for July and August 2005, since many of the
summonses were issued this past Summer. Many respondents do not respond timely, therefore we expect that these
figures will change as we continue to receive hearing requests and payments for summonses that were issued in July and
August. Additionally, we continue to receive summonses from the Police Department that were issued in August.
'670 of the above summonses issued were for noise violations. 61 noise violation hearings have been held with 81.97%
found guilty.
REFERRED TO THE COMMITTEE LEGISLATION
I a:161kho 9:I 1.1-11 [6] 0 =4:7LriI11ICA IM-1 :2 xK 11610 :AT/ [d *�
NO. 29
Food Store License
160 Doat (Fillmore)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Food Store License located at 160 Doat and find that as to form is correct. I have caused an investigation
into the premises for which said application for a food store license is being sought and according to the attached reports
from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies
with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem
appropriate.
Mr. Coppola moved:
That the above communication from the Commissioner of Permit and Inspections Services dated September 20, 2005, be
received and filed; and
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 Phuong Hoang, located at 160 Doat Street.
PASSED
AYES — 9 NOES — 0
NO. 30
Food Store License
591 Fargo (Niagara)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Food Store License located at 591 Fargo and find that as to form is correct. I have caused an
investigation into the premises for which said application for a food store license is being sought and according to the
attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I
find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever
action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 31
Food Store License
443 Tonawanda (North)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Food Store License located at 443 Tonawanda and find that as to form is correct. I have caused an
investigation into the premises for which said application for a food store license is being sought and according to the
attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I
find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever
action you deem appropriate.
Mr. Coppola moved:
That the above communication from the Commissioner of Permit and Inspections Services dated September 20, 2005, be
received and filed; and
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 Ahmed Alode, located at 443 Tonawanda Street.
PASSED
AYES — 9 NOES — 0
NO. 32
Restaurant Dance Class In
20 Allen (Ellicott)
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Restaurant Dance Class 111 License located at 20 Allen and find that as to form is correct. I have caused
an investigation into the premises for which said application for a Restaurant Dance Class III 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 Yvonne White. The attached thereto for Yvonne White d /b /a Adonia's. 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. 33
Minority Goal Statement
I am requesting a meeting with the Common Council as soon as possible to discuss the impact of including the Minority
Goal Statement in bid documents.
Many vendors are refusing to provide this statement and therefore are disqualified as vendors. This results in increased
costs to the City. The Purchase Division has recommendations that may prove more beneficial to all small businesses,
including WBE and MBC, that we would like to discuss with the Council.
REFERRED TO THE COMMITTEE OF THE WHOLE
No. 34
Ord. Amend - Chapter 175, Fees (Valet Parking Fees)
Ord. Amend. Chapter 307 - Parking & Parking Lots
(Valet Pkg.)
#192 CCP Sep 20, 2005 #193 CCP Sep 20, 2005
Valet parking in the City of Buffalo has been more visible on and off street within the past five years. The City of Buffalo
does not have any ordinances regulating valet parking at the present time to help protect the City from possible liability.
The regulation of valet parking is utilized in many cities throughout the country to help protect parking rights of the public
and the municipalities concerned. I totally concur with the above referenced ordinance amendments and ask for your
approval.
RECEIVED AND FILED
NO. 35
PET FOOD ANIMAL SHELTER
THE DIVISION OF PURCHASE IS REQUESTING PERMISSION TO ENTER INTO AN AGREEMENT WITH HILLS
SCIENCE DIET FOR SUPPLYING FOOD FOR THE ANIMAL SHELTER. AN INFORMAL BID #78 WAS SENT OUT AND
BIDS WERE RECEIVED ON 9/29/05. A TOTAL OF THREE PROPOSAL WERE RECEIVED. THE LOWEST OF THE
PROPOSALS WAS RECEIVED FROM HILLS SCIENCE DIET AT A PRICE OF .25 PER POUND. THIS COST IS TO
COVER THE SHIPPING TO THE SHELTER. HILLS SCIENCE DIET REQUIRES THAT UPON ADOPTION THE
SHELTER WOULD REQUEST PERMISSION OF THE ADOPTER TO FORWARD THEIR NAME AND ADDRESS FOR
PROMOTIONS (COUPONS,E TC.) HILLS SCIENCE DIET WOULD ALSO SUPPLY THE SHELTER AT NO COST4 OR 5
LB BAGS OF FOOD TO BE GIVEN TO THE ADOPTER AT TIME OF ADOPTION.. THE INITIAL CONTRACT PERIOD
WILL BE FOR A PERIOD OF TWO YEARS, AND MAY BE RENEWED IF AGREEABLE BY BOTH PARTIES FOR AN
ADDITIONAL TWO (2) ONE YEAR PERIODS.
Mr. Coppola moved:
That the above communication from the Director of Purchase dated October 3, 2005, be received and filed; and
That the Director of Purchase be, and she hereby is authorized to enter into an agreement with Hills Science Diet for
supplying food for the Animal Shelter at a price of $.25 per pound for a period of two (2) years and may be renewed if
agreeable by both parties for an additional two (2) one year periods and the approval of the Common Council.
PASSED
AYES — 9 NOES - 0
FROM THE COMMISSIONER OF COMMUNITY SERVICES
NO. 36
RESPONSIBILITY FOR UTILITIES
ITEM #194 C.C.P. 9/20/05
Fifteen Community Based Organizations receiving Public Service Block Grant funding rent space from the City of Buffalo.
These agencies provide valuable services to the residents of Buffalo most of the agencies have seen a decrease in their
overall budget with cuts from the City, County and State in recent years. At the same time utility costs have increased and
are expected to increase more this coming winter.
I am recommending this Honorable Body to do everything it can to assist these agencies with their utility expenses, and to
develop a fair and standard policy for all Block Grant funded agencies in city owned buildings.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF HUMAN RESOURCES
NO. 37
PUBLI HEARING
CIVIL SERVICE RULES
PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City of Buffalo Commissioner of Human
Resources will hold a public hearing pursuant Section 20 of the Civil Service Law for the purpose of amending the text
and appendices of the Civil Service Rules for the Classified Service for the City of Buffalo. The public hearings will be on
November 2, 2005 and will commence at 9:00 am in the Department of Human Resources; Room 1007 City Hall. Specific
times and a summary of the amendments may be obtained at the Department of Human Resources., Room 1001 City
Hall.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CITY CLERK
NO. 38
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
189 Delaware Avenue Kings Court Restaurant Sam Gikas
RECEIVED AND FILED
NO. 39
LEAVES OF ABSENCE WITHOUT PAY
I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the
various departments as listed:
X Police- Sandra Brown, Cleveland Wilson, Susan Marino, Terrance Chatfield
RECEIVED AND FILED.
NO. 40
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.
CERTIFICATE OF APPOINTMENT
Appointment Effective: September 12, 2005 in the Department of Common Council to the Position of Intern VI,
Seasonal, Non Competitive at the flat starting salary of $10.00 /hr
Leon Hicks, 15 Bennett Village Terrace, Buffalo, New York 14214
NO. 41
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.
POSITION ALLOCATION MAINTENANCE FORM
Appointment effective 09/28/2005 in the Department of Public Works, Parks and Streets to the position of
Clerk, Seasonal Non Competitive at the Flat starting salary of $8.15/hr
Susan Derfert, 61 Pontiac St, Buffalo, NY 14206
POSITION ALLOCATION MAINTENANCE FORM
Appointment effective 09/28/2005 in the Department of Public Works, Parks and Streets to the position of
Laborer 11, Seasonal Non Competitive at the Flat starting salary of $8.15/hr
Joseph Salasavage, 218 Taunton Place, Buffalo, NY 14216
POSITION ALLOCATION MAINTENANCE FORM
Appointment effective 09/26/2005 in the Department of Public Works, Parks and Streets to the position of
Laborer 11, Seasonal Non Competitive at the Flat starting salary of $8.15/hr
Joseph Winkelsas, 213 Virgil Avenue, Buffalo, NY 14216
Kathy Elliott, 497 Perry Street Apartment# 5, Buffalo, NY 14204
POSITION ALLOCATION MAINTENANCE FORM
Appointment effective 09/21/2005 in the Department of Public Works, Parks and Streets to the position of Laborer 11,
Seasonal Non Competitive at the Flat starting salary of $8.15/hr
Joshua J. Oshirak, 205 Potomac Avenue, Buffalo, New York 14213
CERTIFICATE OF APPOINTMENT
Appointment Effective 9/20/05 in the Department of Public Works Division of Water to the Position of Water Service
Worker, Seasonal at the starting salary of $8.15/hr
Matthew Kreuz, 257 Bedford Ave, Buffalo, NY 14216
NO. 42
APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT
I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or
Permanent) (as per contract requirements).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
CERTIFICATE OF APPOINTMENT
Appointment Effective: 09/19/2005 in the Department of Administration & Finance, Division of Inventory & Stores - Print
Shop
to the Position of Assistant Print Shop Supervisor Provisional at the minimum starting salary of $29,409.00
Antonio DiFiglia, 127 Kenefick Ave, Buffalo, NY 14220
CERTIFICATE OF APPOINTMENT
APPOINTMENT EFFECTIVE: September 14, 2005 in the Department of Fire, Division of Alarm Office to the position of
Emergency Services dispatcher, Temporary appointment at the minimum starting salary of $28,194
Andre Farrow, 234 Woltz, Buffalo, NY 14211
CERTIFICATE OF APPOINTMENT
Appointment Effective: September 26, 2005 in the Department of Permit and Inspection Services
Division of Rental Registration to the Position of Account Clerk Typist, Permanent appointment at the minimum starting
salary of $26,271
Michael Donovan, 37 Humphrey, Buffalo, NY 14207
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
NO. 43
UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK
ADELPHIA COMMUNICATIONS CORPORATION, ET AL
NOTICE OF ADJOURNMENT OF SECTION 341 MEETING OF CREDITORS
PLEASE TAKE NOTICE that the meeting of creditors in the above - captioned cases pursuant to section 341 of title 1 1 of
the United States Code, scheduled for October 12, 2005 at 2:00 p.m. at the Office of the United States Trustee for the
Southern District of New York, located at 80 Broad Street, Second Floor, New York, New York 10004, has been
adjourned to December 14, 2005 at 2:00 p.m. to at the same location.
PLEASE TAKE FURTHER NOTICE that the meeting may be continued or adjourned from time to time without further
notice other than an announcement of the adjourned date or dates at the meeting or at a later meeting.
Dated: New York, New York
September 15, 2005
WILLKIE FARR & GALLAGHER LLP
Attorneys for Debtors and
Debtors in Possession
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 44
LPCIMINELLI
MEMORANDUM
BOARD PACKET DOCUMENTS 9/12/2005
Attached are the following documents from the Joint Schools Construction Board Meeting on September 12, 2005:
1. Draft Agenda
2. Meeting Minutes from JSCB Meeting dated August 2, 2005
3.Application and Certificate for Payment No. 37 - August 2005
4. Phase II Application and Certificate for Payment No. 11 - August 2005
5. Phase II Procurement Schedule dated September 1, 2005
6. May 2, 2005 Census Report
7. Breakdown of Apprentice Class
8. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1
Project -July 2005
9..Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1
Phase II Project -July 2005
10. JSCB Inclusion Committee Meeting Minutes of June 27, 2005
• Team Progress Report - August 2005
RECEIVED AND FILED
NO. 46
MEETING WITH WNY DELEGATION REGARDING CASINO
Dear Mr. Chwalinski:
Please file the attached item for the Common Council meeting to be held on October 4, 2005.
Dear Senator Volker:
As you are well aware, a City of Buffalo Casino, as outlined in the Compact between the Seneca Indians and the State of
New York, seems to be moving forward and a site should be identified shortly. While them are some that have
reservations about the Casino and them are those that either support or oppose a Buffalo Casino, I believe that one of the
biggest issues in this discussion revolves around the "unknown."
Much of the concerns that have been discussed by the members of the Buffalo Common Council have been about the
unknown issue of the Buffalo Casino and its make -up. Though the City does not have an authoritative roll in the Casino
issue, as the host community we should have some input as to what the Buffalo Casino structure is, as well as the
relationship that will exist between the City, the State, and the Seneca Indians.
In order to have real input in this process, the City relies heavily on the State, in particular the State Legislature and the
WNY Delegation. Therefore, the Council requests a meeting with the Delegation to take place as soon as possible in
order to voice our comments and concerns before any final actions are taken. The Council believes that if there is to be a
Casino located in the City of Buffalo, the City's best interest should be first and foremost and it is the WNY Delegation that
can assure that this is the case.
The Council thanks you for your support in the past and looks forward to your support on this issue as we move toward
this very important and historical time in the City's history.
Thank you for your consideration and I look forward to hearing from your office to set up the meeting between the Council
and the Delegation.
RECEIVED AND FILED
NO. 46
NEW YORK STATE SEX OFFENDER REGISTRATION ACT
Dear City Clerk:
The Common Council of the City of Amsterdam adopted the enclosed Resolution at its regular meeting on September 20,
2005 in support of amending the Sex Offender Registration Act and has requested that a copy be sent to State Officials
as well as the New York State Conference of Mayors and Municipal Officials.
The City Council is seeking support form other municipalities to pass similar Resolutions. If you could forward this letter
and Resolution to your City Council, it. would be greatly appreciated.
Sincerely,
RECEIVED AND FILED
NO. 47
B. MARTIN CONCERNS WATER & SEWER BILLS
Here is the letter I promised to write to you about the absurdity of our water and sewer bills. I have several
questions /points to make. Please address all of them in future Council meetings.
1. Since we are billed for the sewer at the rate of $48.30 per quarter for our sewer in our water bills, why are we also billed
for the sewer in our city tax bill?
2. In the most recent water bill we were billed $6 per month for a "Drainage Connection Service Charge." I
thought our connection was made once and for all about 95 years ago when our houses were built. Do they mean to tell
us they unconnect and reconnect every month? At what time do they do this? I do not want to flush the toilet when the
drainage is unconnected! Tell them, if they must increase their charges to at least give them a believable title.
3. Why must we pay for 4,000 cubic feet of sewer every four months even though we may use less than 1,000
cubic feet of water? Why can't they bill us for the sewer for the same amount of cubic feet as water? (especially since all
the water we use does not go into the sewer.)
4. The whole purpose of the meters was to get people to conserve water. A person using 2,000 cubic feet of water
only pays $17.67 more than the person who uses 1,000 cubic feet. The bill for 1,000 is $106.11; for 2,000 it is $123.78.
5. Just as a point of interest, I want you to understand the following. We are paying $88.44 in capacity charges,
sewer charges, and drainage connection charges each quarter of the year before we even turn a faucet on! This comes to
$353.76 even without using any water. This is more than some of our city tax bills and, it does not count the bill for sewer
that is included in the tax bill! This is truly absurd.
6. Then, to top it off, those who use MORE water are rewarded with a reduced rate! They only pay $15.75 for over
10,000 cubic feet and $12.03 for over 36,000 cubic feet and only an extra $11.09 sewer charge for each additional 1,000
cubic feet over the first 4,000. It should be the other way around. Those who use less should get charged less. Those who
use more should be charged at an increasing rate for both sewer and water so that they wilt attempt to conserve. (Of
course, I don't believe that ever was the real goal of the meters. If it was, they would not be charging us far more than we
paid when we did not have meters. The real goal seems to be to get more money out of us to make ends meet without
making an effort to cut costs.)
Why is there a meter capacity charge? No matter what size pipe goes into what size meter the amount of water used is
measured. Why should we pay a meter capacity charge? The meter is paid for. The pipes do nothing but allow the water
to go through them. No one has to do anything to keep the meter doing its job of measuring the amount of water that goes
through it. So why are we constantly paying for these things that simply allow water to go through them?
This entire process MUST be looked into. I do not mind paying for water. I do not mind paying for sewer and sewer
treatment facilities. I do mind paying $353.76 a year before I even use any water. This figure is not based upon my
consumption of water or use of the sewage system. It is an arbitrary
amount I am being TAXED for what? Please, at least call all this a tax so that we can deduct it from our income taxes.
(While you are at it, make the "User Fee" for garbage a "tax" also.)
It also seems to me that what is happening is that those of us who pay our bill are being asked to cover the losses
sustained by the water authority from those who do not pay their bill. I do not want to see anyone loose their home over a
water bill. (What is the city going to do with all those houses anyway ?) But, I do believe they should be made to pay the
bill even if it means some kind of payment plan over the long haul. The plan should include the bills they will receive while
catching up. Perhaps if the bill was calculated as I am suggesting below people would be more willing to pay.
Rich, please look into this. It is really starting to be very tiring. My neighbors have expressed the same sentiments. We do
not mind paying for services. But, we get tired of seeing fee after fee tacked on to the bill every time it comes out.
The water board should look at how much water was used in the city say over the past year or two. Then figure out a
budget needed to provide the service of both water and sewer. Then, divide that figure by the amount of water used. From
that they can come up with a rate that is one figure which includes both water and sewer per 1,000 cubic feet. Then
charge us that amount for say the first 4,000 cubic feet. After 4,000, they should raise the rate for the next 6,000 cubic
feet. Then say, maybe 20,000, 30,000, etc.
For example, there are 200,000,000 cubic feet of water used in a normal year. The operating budget is $20,000,000 per
year.
Divide the budget by the water used and you come up with $. 10 per cubic foot. Multiply that by 1000 cubic feet and you
have $100 for 1000 cubic feet used. That would theoretically cover the budget for the year.
Then, for those using more than 4,000 cubic feet but less than 10,000, charge $1 t5 per 1000 over the 4,000. That would
give the budget a cushion.
For those using 10,000 to 20,000, charge $140 per 1,000 over the 10,000 mark. Note the increment of increase also
increases from $15 per 1,000 to $25 per 1,000. That way the ones who do not conserve pay the most and people have an
incentive to conserve. Currently $17.67 is not much incentive to conserve when you have to pay $88.44 even if you only
have one glass of water or one flush of the toilet in the whole three month period!
Of course what should also be looked at in calculating cost per 1000 CFs is the number of people who would be using
more than 4,000 CF. If they would significantly increase the amount taken in, then the cost for the first 1,000 should be
less than the calculated figure with the difference made up by the big users.
In addition to all this, the Water Board simply must look at cutting costs.
Thanks again for calling me back to explain the extra on the sewer bill. But, it still is not a just system.
Sincerely yours, Bonnie Martin
REFERRED TO THE COMMITTEE ON FINANCE, THE BUFFALO WATER BOARD AND THE BUFFALO SEWER
AUTHORITY
NO. 48
J. ROSE -ANTI CASINO DOCUMENTS
Please refer to the CD Committee.
Bruce Jackson
SUNY Distinguished Professor and Samuel P. Capen Professor of American Culture University at Buffalo remarks to
Common Council Community Development Committee 28 September 2005
I'm speaking as a member of the board of directors of the Market Arcade Film and Arts Center, the non - profit corporation
that operates the Market Arcade theater on behalf of the building's owner, the City of Buffalo. The Market Arcade is the
only eight- screen publicly -owned movie theater in the United States, Many community arts and educational organizations
now regularly use the Market Arcade for film series and similar events. We're surrounded by other public and private arts
organizations trying to enrich the life of downtown Buffalo: Studio Arena, CEPA Gallery, Righteous Babe, the Trail, and
many more.
We are all marginal operations. It won't take much to destroy what so many individuals and organizations have worked so
hard to build, to subtract from our community what so many individuals and organizations work so hard to provide. In the
past five years all of these organizations have suffered severe cuts in city and county support, so the condition of Buffalo's
arts and entertainment organizations is more fragile than ever.
Dollars spent in a town are not spent once. They have a life, a trajectory. They multiply. The money you spend in a
restaurant pays for the restaurant's physical plant, its supplies and utilities, and its employees. If the suppliers and utility
providers and workers are within the community, they in turn spend the money they get from that restaurant, and that
spending provides more jobs and more taxes. All studies show that the arts have the highest dollar multiplier of any kind
of spending within a community. The money spent at Studio Arena, Albright Knox Art Gallery, the Market Arcade or at any
of the theaters or concert venues comes back to help us again and again.
Casino spending, on the other hand, has the lowest multiplier effect of any kind of spending. It is money that doesn't stay
around; it is money sucked out of the community as soon as it is spent. It goes to the owners and operators of the casino,
none of whom are community residents. In our case, the casino owners wouldn't even pay local taxes. PILOT payments
never make up for that tax loss. The jobs provided by a casino are mostly minimum -wage jobs, and they come at the cost
of the jobs they displace in the locally -owned establishments they drive out of existence. The only economic benefit a
community gets from a tax - exempt casino is the money made during the initial construction. That is a short -lived gain for a
few in trade for a long -term loss for the many: greedy developers might be happy with that deal; it does nothing for the
rest of us and we should do anything we can to reject it.
If you need evidence of this, go sometime to Atlantic City, which has a huge gambling operation on the boardwalk. The
boardwalk is clean and the casino fronts are shiny. But you take your life in your hands if you walk one block off the
boardwalk. You will go by boarded -up stores, broken windows, empty buildings, cheap joints and substandard housing.
The casinos on the boardwalk of Atlantic City have done nothing for the rest of that city except drag it further into despair.
A casino on Buffalo's waterfront or in its downtown will do the same for
Spending for the arts in Buffalo is primarily local discretionary spending. It is primarily local discretionary spending that will
be sucked up by.a Buffalo casino. Travelers from distant places who come to this region to gamble are going to do it in
Niagara Falls, not Buffalo. People who come from a few hours away to gamble in Buffalo will not go outside the casino for
anything other than to get in their cars and drive back home. Local people will go to the casino and they'll also get in their
cars and go back home.
It's zero -sum. There is no other place for the money to come from. All the local money going into a Buffalo casino is
money not going into something else in Buffalo. It is money that will not go to stores, shops, restaurants and arts
organizations in Buffalo.
What do you want: theater, music, films, art and everything connected with those activities, or a building with no clocks
and no windows that sucks the life out of those activities?
I don't know if it is too late to stop this deal that the governor worked out and imposed on us without consulting any of us,
without giving any of us even a chance to tell him what matters to us as a community. That is no reason you shouldn't do
whatever you can to protect this city. Indeed, it is all the more reason for you to stand up and say, "You can't impose this
on us. You can't do this to us. We won't stand for it."
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 49
A. THOMPSON SUPPORT OF SKYWAY REMOVAL
Please file the attached documents for the next Common Council Meeting for September 20, 2005.
Dear Commissioner Madison:
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.
Sincerely,
Antoine M. Thompson
Masten District Councilmember
RECEIVED AND FILED
NO. 50
B. VATTIMO- INFO -NYPA RELICENSING SETTLEMENT PKG
Dear Members of the City of Buffalo Common Council:
There seems to be an assumption that the New York Power Authority (NYPA) has somehow failed or shortchanged the
City of Buffalo and Erie County with its voluntary offer of $2 million annually for Niagara River Greenway projects to be
provided over a new, 50 -year license for its Niagara Power Project.
As the debate continues, it's important to remember that NYPA provides 120 businesses and industries in Erie and
Niagara Counties with low -cost hydropower. These companies employ more than 43,000 Western New Yorkers (36,000
in Erie County alone) with an annual payroll of nearly $2 BILLION.
Providing this low cost hydro power saves these companies an estimated $172 million annually in energy costs.
NYPA also provides 553 megawatts of low -cost hydropower to residential homeowners within upstate New York. Your
monthly utility bill indicates the savings residential customers receive because of this benefit.
This one, long -time benefit seems to be ignored, almost taken for granted, by those who believe Buffalo and Erie County
are being shortchanged.
The overall cost of the entire relicensing settlement package will add about a dollar a megawatt -hour to our customers'
bills, which are currently in $10 to $15 per megawatt -hour range. As a comparison and an indicator of just how much our
customers, including residential homeowners, in Western New York benefit from the low -cost hydropower they receive
from our Niagara facility, the wholesale price of one megawatt -hour of energy in Western New York State has averaged
$54 so far this year.
If we were forced to pay $10 million per year under the plan being promoted by Congressman Brian Higgins, the rate per
megawatt hour increase would go from $1 to $1.40.
In effect, Congressman Higgins is proposing a hidden tax increase of $10 million per year to pay for Buffalo waterfront
development, a tax hike that would be paid by industries that rely on low -cost hydropower to keep jobs in Western New
York as well as other consumers of Niagara hydropower.
Congressman Higgins' bill also presents a risk for Western New York because it would reopen the half- century old federal
Niagara Redevelopment Act to new congressional debate. Niagara hydropower is some of the lowest priced power in the
nation. So, it wouldn't be surprising if other Members of Congress try to grab more of the power for their own states.
The existing federal law already requires 10 percent - 180 megawatts -- of Niagara hydropower to be sold out of state.
Representatives from other states along the Great Lakes - which provide the water that fuels the Niagara Project -- could
view the Higgins bill as an opportunity to increase the amount of hydropower the law requires to be sold outside New York
State.
I thought it was important to share these facts and information with you.
Sincerely,
Brian Vattimo
Senior Vice President
Public & Governmental Affairs
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 51
N.Y.S. SEX OFFENDER REGISTRATION ACT
The City Council of the City of Newburgh adopted the enclosed Resolution at its regular meeting on September 12, 2005
in support of amending the Sex Offender Registration Act and has requested that a copy be sent to State Officials as well
as the New York State Conference of Mayors and Municipal Officials.
The City Council is requesting your support in passing a similar resolution, if you have not already done so.
RECEIVED AND FILED
NO. 52
AMEND AGREEMENT JOHNNIE B. WILEY SPORTS PAVILION
RESOLUTION SUBMITTED BY
THE JOHNNIE B WILEY AMATEUR ATHLETIC SPORTS PAVILLION
COMMUNITY PARTICIPATION COMMITTEE
September 29, 2005
Pursuant to Corporation proceedings, Common Council, City Hall, Buffalo, Tuesday April 19, 1994, item no. 177,
establishing an Amateur Athletic Facility to be operated with Federal Block Grant funds, in service to numerous
community groups and the Buffalo Board of Education;
and whereas the city of Buffalo Charter (18 -38, 39,40.41) authorizes the Board of the Johnnie B Wiley Stadium, to control
manage and operate the Johrmie B Wiley Stadium, the Community Participation Committee is requesting of the Buffalo
Common Council to amend the Intermunicipal Cooperation Agreement for the operation, management and improvement
of the city of Buffalo Parklands (signed July 8, 2004) to withdraw the Johnnie B Wiley Sports Pavilion (1100 Jefferson
Ave.) from the stated agreement.
REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE DIRECTOR OF REAL
ESTATE
PETITIONS
NO. 53
D. BARBARA, OWNER, USE 718 ELMWOOD- OUTDOOR PATIO (DEL)
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. 54
JO ZARICZNY, AGENT, USE 145 GOODELL AKA 780 MICHIGAN - GROUND SIGN (ELL)
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. 55
M. AHMED & O OPPOSE CONSTRUCTION OF FASTRAC GAS STATION /CONV STORE 2751 BAILEY AVE
The attached petitions are being filed in opposition to the construction of the Fastrac gas station and convenience store at
2751 Bailey Avenue.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE DIRECTOR OF LICENSES AND COMMISSIONER OF
PERMITS AND INSPECTIONS
NO. 56
A. THOMPSON- WAKEFIELD AVENUE SIDEWALK PETITION
Dear Mr. Chwalinski:
Please file the attached documents for the next Common Council Meeting for October 4, 2005.
Attached is a petition to secure funding for an entire sidewalk revitalization for the Wakefield Avenue families and children
residing in the City of Buffalo. We have supported our petition with evidence of our neighborhood sidewalk conditions (see
attached pictures). Our block club receives numerous complaints from our seniors, families and children of reported fallen
incidents on a regular basis. As noted in the enclosed documentation, there are sidewalk areas that can cause severe
deep punctured wounds, especially sidewalk pathways that our children have to use going to the City of Buffalo public and
charter schools in our immediate area. Also, sidewalk areas that has no concrete facing, only a gravel structure demands
immediate repairs.
Our Wakefield Avenue block club mission is to ensure a safe and healthy quality of life environment for our families and
children. Our block needs the support from the City of Buffalo in a joint partnership effort to build better neighborhoods for
residents residing in the City of Buffalo. Especially, the safety and welfare to our seniors and children who are now being
placed at high risk of continued serious injuries.
Also, enclosed we have not received any information regarding the status of our Wakefield Avenue City of Buffalo
Housing Inspection that was conducted in May 2005. (see attached housing inspection report) Serving as housing chair of
Flare Community Center, I need the housing violations write ups for review for housing
court enforcement. Our block club is working very hard to bring quality of life and uplift the spirits of our depressed
Wakefield Avenue resident's mentality. They have invested their life savings to live in a safe, healthy and beautifying
community. In order to accomplish this goal, we need the support and help from the City of Buffalo Mayor's administration
to help restore our neighborhood community street. Our street is located in the centralized area in the city which is
surrounded by an educational, medical, parks, faith -based organizations which is self- evidence this area is moving toward
a targeted growing business community development environment. Your continued support is greatly appreciated to seek
City of Buffalo block club funding for our
neighbor sidewalk revitalization and housing demolition. (see attached t36 Wakefield)
REFERRED TO THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
REGULAR COMMITTEES
(BRIAN C. DAVIS, CHAIRMAN)
NO. 57
B. DAVIS -S. AIELLO- STANDARD PKG.- CONCEMS- RFP -PKG. MGMT.
( #136, 9/6
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 58
DRUG ASSET FORFEITURE CHECKS RECEIVED ($13,075.00) (POL)
( #64, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 59
M. COPPOLA- PHILADELPHIA FLEET REDUCTION
( #70, 7/26)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 60
INFO. -TAKE HOME VEHICLES (#48,6/18)(HR)
( #172, 9/20)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 61
FUELMASTER SYSTEM FOR FLEET GASOLINE & DIESEL USAGE
(ITEM NO. 19, C.C.P., MAY 3, 2005)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Davis moved:
That the above item be and the same hereby is received and filed
ADOPTED.
NO. 62
UTILIZING FLEXIBLE FUEL VEHICLES (2 RES ONLY)
( #121, 7/12)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 63
UTILIZING FLEXIBLE FUEL VEHICLES (PW)
( #60, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 64
UTILIZING FLEXIBLE FUEL VEHICLES (A &F)
( #58, 7/26)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 65
UTILIZING FLEXIBLE FUEL VEHICLES (POL)
( #25, 9/20)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 66
VANDALISM AT THE IMPOUND (A &F)
( #114, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 67
MOTOR VEHICLE POLICY (COMPT)
( #30, 7/20)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 68
REQ. TO PLACE CAMERAS IN POLICE VEHICLES ( #143,6/3)(4 RES)
( #74, 6/14)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 69
REQ. TO PLACE CAMERAS IN POLICE VEHICLES (POL)
( #76, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 70
REQ. LOG SHEETS FOR BROKEN STREET LIGHTS IN ALL CITY VEHICLES (EXC. 1 RES)
( #140, 6/28)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 71
LOG SHEETS FOR BROKEN STREET LIGHTS IN ALL CITY VEHICLES (PW)
( #66, 9/6
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 72
FIRE HYDRANT LOCKS (EXE. 1 & 2 RES.)
( #109, 7/12
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 73
PURCHASE OF HYDRANT LOCKS (FIRE)
(#48, 7/26)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 74
RECYCLING RATES IN CITY HALL (3 RES) ( #133,5/3)
( #113, 5/17
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 75
PROPOSAL TO RENOVATE & USE BLDG. AT PROSPECT PARK (PW)
( #38, 7/26)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 76
PROPOSAL TO RENOVATE & USE BLDG. AT PROSPECT PARK (LAW)
( #28, 9/20)
That the above item be and the same hereby is received and filed.
ADOPTED.
LEGISLATION
(RICHARD A. FONTANA, CHAIRMAN)
NO.77
ORDINANCE AMENDMENT - CHAPTER 511 - ZONING (DRIVEWAYS)
(ITEM NO. 158, C.C.P., JULY 26, 2005)
ORDINANCE AMENDMENT - CHAPTER 511 - ZONING (CCP# 158 - 164 - 7/26/05) (HRG. 9/20)
That the above item has been sent to the Common Council without recommendation.
A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item, and a
Notice of same has been published in the Buffalo News, a copy of which is attached hereto.
On motion by Mr. Coppola, seconded by Mr. Fontana, the item is properly before the Common Council, and the hearing is
opened.
CARRIED.
Mr. Coppola now moved that the hearing be closed. Seconded by Mr. Bonifacio
CARRIED.
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Fontana moved:
That after the public hearing before the Committee on Legislation on September 27, 2005, the Ordinance Amendment as
contained in Item No. 158, C.C.P., July 26, 2005, be and the same hereby is approved.
PASSED.
AYES -9. NOES -0.
NO. 78
ORDINANCE AMENDMENT - CHAPTER 511 - ZONING (DEFINITIONS)
(ITEM NO. 159, 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 after the public hearing before the Committee on Legislation on September 27, 2005, the Ordinance Amendment as
contained in Item No. 159, C.C.P., July 26, 2005, be and the same hereby is approved.
PASSED.
AYES -9. NOES -0.
NO. 79
ORDINANCE AMENDMENT - CHAPTER 511 - ZONING (CLINTON STREET)
(ITEM NO. 160, 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 after the public hearing before the Committee on Legislation on September 27, 2005, the Ordinance Amendment as
contained in Item No. 160, C.C.P., July 26, 2005, be and the same hereby is approved.
PASSED.
AYES -9. NOES -0.
NO. 80
ORDINANCE AMENDMENT - CHAPTER 511 - ZONING (LOVEJOY STREET)
(ITEM NO. 161, 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 after the public hearing before the Committee on Legislation on September 27, 2005, the Ordinance Amendment as
contained in Item No. 161, C.C.P., July 26, 2005, be and the same hereby is approved.
PASSED.
AYES -9. NOES -0.
NO. 81
ORDINANCE AMENDMENT - CHAPTER 511 - ZONING (YARDS)
(ITEM NO. 162, 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 after the public hearing before the Committee on Legislation on September 27, 2005, the Ordinance Amendment as
contained in Item No. 162, C.C.P., July 26, 2005, be and the same hereby is approved.
PASSED.
AYES -9. NOES -0.
NO. 82
ORDINANCE AMENDMENT - CHAPTER 511 - ZONING (GENERAL)
(ITEM NO. 163, 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 after the public hearing before the Committee on Legislation on September 27, 2005, the Ordinance Amendment as
contained in Item No. 163, C.C.P., July 26, 2005, be and the same hereby is approved.
PASSED.
AYES -9. NOES -0
NO. 83
ORDINANCE AMENDMENT - CHAPTER 511 - ZONING (CONFLICTS)
(ITEM NO. 164, 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 after the public hearing before the Committee on Legislation on September 27, 2005, the Ordinance Amendment as
contained in Item No. 164, C.C.P., July 26, 2005, be and the same hereby is approved.
PASSED.
AYES -9. NOES -0.
NO. 84
H. LEE, PETITION TO USE 564 NIAGARA - PARKING LOT EXPANSION
(ITEM NO. 50, C.C.P., SEPT. 20, 2005)
That after the public hearing before the Committee on Legislation on September 27, 2005, the petition
of H. Lee, agent, for permission to use 564 Niagara to expand an existing parking lot be, and hereby is
approved.
PASSED.
AYES -9. NOES -0.
NO. 85
R. ATLAS, PETITION TO USE 1243 DELAWARE - ILLUMINATED GROUND SIGN W /MESSAGE BOARD
(ITEM NO. 52, C.C.P., SEPT. 20, 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 R. Atlas, agent, for permission to use 1243 Delaware for a ground sign 8' wide by
5' 6" high including curved top, message board 4x8' sign to read "Unity Church" with a message board be, and
hereby is denied.
ADOPTED.
NO. 86
L. MCCLIVE, PETITION TO USE 1140 DELAWARE - GROUND SIGN
(ITEM NO. 53, C.C.P., SEPT. 20, 2005)
That the petition of L. McClive, agent, for permission to use 1140 Delaware Avenue for a 32" x 66"
ground sign at the comer of West Ferry Street and Delaware Avenue to read "1140" and "Gilda's Club" be, and
hereby is approved upon approval of the Preservation Board.
PASSED.
AYES -9. NOES -0.
NO 87
S. HOPKINS, PETITION TO USE 2751 BAILEY- STORE /GAS STATION W /PARKING & CANOPY
(ITEM NO. 156, 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 above item be and the same hereby is recommitted to the Committee on Legislation.
ADOPTED.
NO. 88
LOCAL LAW INTRO. #7 (2005) - DEPT. OF PUBLIC WORKS, PARKS & STREETS
( #189, 9/20)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 89
ORDINANCE AMENDMENT - CHAPTER 30 -11- LIGHTING & POWER SERVICE (LAW)
( #27, 9/20)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 90
ORDINANCE AMENDMENT- CHAPTER 137 - CODE ENFORCEMENT
(ITEM NO. 174, C.C.P., SEPT. 6, 2005)
(ITEM NO. 130, C.C.P., SEPT. 20, 2005)
That the above item be recommitted to the Committee on Legislation.
ADOPTED
NO. 91
ORDINANCE AMENDMENT - CHAPTER 175 FEES (VALET PARKING)
(ITEM NO. 192, C.C.P., SEPT. 20, 2005)
That after the public hearing before the Committee on Legislation on September 27, 2005, the
Ordinance Amendment as contained in Item No. 192, C.C.P., September 20, 2005, be and the same hereby is
approved.
PASSED.
AYES -9. NOES -0.
NO. 92
ORDINANCE AMENDMENT - CHAPTER 307, PARKING AND PARKING LOTS (DEFINITIONS)
(ITEM NO. 193, C.C.P., SEPT. 20, 2005)
That after the public hearing before the Committee on Legislation on September 27, 2005, the
Ordinance Amendment as contained in Item No. 193, C.C.P., September 20, 2005, be and the same hereby is
approved.
PASSED.
AYES -9. NOES -0.
NO. 93
NOTIFICATION SERIAL #10028 -10031 NO STANDING - REPEAL, ETC.
(ITEM NO. 9, C.C.P., SEPT. 20, 2005)
That the above item be, and the same hereby is, returned to the Common Council without
recommendation.
Mr. Fontana moved:
That pursuant to Section 49 of Chapter 479 of the Code of the City of Buffalo, the changes to the
traffic ordinances (Chapter 479 of the City Code) are hereby denied as pertaining to Notification Nos. 10028-
10031, as more fully described in the above communication.
ADOPTED.
NO. 94
ENF. OF ILLEGAL DUMPING ORDINANCES (POL)
( #23, 9/20
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 95
ENF. OF NOISE ORDINANCES (POL)
( #24, 9/20)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 96
DOG CONTROL OFFICERS BECOMING PEACE OFFICERS (LAW)
( #26, 9/20)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 97
USED CAR DEALER - 419 BROADWAY
(ITEM NO. 29, C.C.P., SEPT. 20, 2005)
That the above item be, and the same hereby is returned to the Common Council without
recommendation.
Mr. Fontana moved:
That the above item be and the same hereby is recommitted to the Committee on Legislation.
ADOPTED.
NO. 98
J. LOPEZ DEL MORAL -BFLO. LILLE ASSN. -REQ. L. LECOURTEULX DIST. DESIGNATION
(#45, 9/20)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 99
R. MECKLER- INFO. -REQ. NFTA NOTIFY CITY PRIOR TO SELLLING /DISPOSAL OF PROPERTY IN COB
(#47, 9/20)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO 100
CREATION OF A COB LIBRARY BOARD
( #190, 9/20)
That the above item be and the same hereby is referred to the Committee on Finance.
ADOPTED.
NO. 101
M. COPPOLA- ANTI - FLIPPING TASK FORCE
( #71, 7/26)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 102
M. COPPOLA- ANTI - FLIPPING TASK FORCE (STRAT. PLAN.)
( #6, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 103
REQ. DOG CONTROL OFFICERS BECOME PEACE OFFICERS
( #148, 7/26
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 104
REQ. DOG CONTROL OFFICERS BECOME PEACE OFFICERS (POL)
( #74, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 105
CREATION OF A CITY VALET PARKING ZONE
( #116, 11/25)
That the above item be and the same hereby is adopted.
ADOPTED.
NO. 106
SISTER J. DIPASQUALE SSJ -REQ. REMOVAL OF TWO NO PKG. SIGNS -228 BRINKMAN AVE.
( #66, 5/3)
That the above item be and the same hereby is received and filed.
ADOPTED.
COMMUNITY DEVELOPMENT
(Joseph Golombek Jr., Chairman)
NO. 107
TRANSFER OF TITLE, URBAN HOMESTEAD - 313 JEFFERSON AVENUE
(ITEM NO. 7, C.C.P., SEPT. 20, 2005)
That the city -owned property commonly known as 313 Jefferson Avenue, is hereby designated as
Homestead Property, and that the Mayor be, and he hereby is authorized to execute a deed transferring said
property to the Buffalo Neighborhood Revitalization Corporation, in the amount of $1.00 (One Dollar) and no
more on the following conditions:
1) the specified structure to be erected on the premises;
2) the structure be sold to low /mod income buyers;
3) and the purchaser reside in their new home for a period of not less than ten
(10) years.
PASSED.
AYES -9. NOES -0.
NO. 108
UPDATE OF BUFFALO FIRE DEPARTMENT FACILITIES PLAN
(ITEM NO. 49, C.C.P., JULY 26, 2005)
(ITEM NO. 183, C.C.P., SEPT. 20, 2005)
That the above item be, and the same hereby is returned to the Common Council without
recommendation.
Mr. Golombek moved:
The the above item be and the same hereby is received and filed.
ADOPTED.
NO. 109
HEALTH NOW: 43 CAROLINA (STRAT. PLAN)
( #7, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 110
A. THOMPSON -F. KING - ABSENCE OF PUBLIC SAFETY IN PUB. HRG.
( #61, 6/14)
That the above item be and the same hereby is received and filed.
ADOPTED.
SPECIAL COMMITTEES
EDUCATION
(ANTOINE M. THOMPSON, CHAIRMAN)
No. 111
Req. for an Alternative High School (Bd. Ed.)
(#41, 7/12)
That the above item be and the same hereby is received and filed.
ADOPTED.
No. 112
Good Schools for All-Citywide Literacy Campaign Concept Paper
( #145, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
No. 113
Req. BOE Est. 25% Rate of Part. Goal for Bflo. Pub. Sch. Implement
Uniform Policy for 2006 -2007 School Year (Bd. Ed.)
( #32, 9/20)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 114
Request for an Alternative High School Program
(Item No. 159, C.C.P., June 28, 2005)
That the Common Council hereby goes on record in support of the reinstatement of an Alternative High School in the City
to provide an appropriate learning environment for those students identified in need of such program; and
That this Honorable Body does hereby request that the Buffalo Board of Education reinstate the Alternative High School.
ADOPTED
NO. 115
Req. BOE Est. 50% Rate of Part. Goal for Bflo. Pub. Sch. Implement
Uniform Policy for 2006 -2007 School Year (Bd. Ed.)
( #100 9/7)
That the above item be and the same hereby is received and filed.
ADOPTED
RESOLUTIONS
NO. 116
By: Mr. Bonifacio
City of Buffalo
Local Law No. -- (2005) Introductory No. 8 (2005)
A LOCAL LAW 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 may be in the department two directors. The directors shall be appointed by and at the pleasure removed b -- 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 Public 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.
IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule Law, that the immediate passage of this
Local law is necessary.
APPROVED AS TO FORM
NOTE: Matter underlined is new, matter in brackets is to be deleted.
PASSED
AYES — 9 NOES — 0
NO. 117
By: Mr. Coppola
Re: Ordinance Amendment Chapter 96, Bonds and Contracts
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 96 of the Code of the City of Buffalo be amended to read as follows:
§96 -13(x, Apprenticeship Training Program
(1) Pursuant to New York State Labor Law §816 -b, the City of Buffalo hereby requires all contractors and subcontractors
entering into any construction contracts with the City of Buffalo, to have established apprenticeship agreements
appropriate for the type and scope of work to be performed under the contract that has been approved by the NYS
Commissioner of Labor. Construction contracts shall mean a contract which involves construction, reconstruction,
improvement, rehabilitation, installation, alteration renovation, demolition or otherwise providing for any building, facility, or
physical structure of any kind with a value in excess of $250,000.00.
(2) All contractors and subcontractors entering into any construction contracts with the City of Buffalo as defined in section
(1) above, shall make ever effort to employ apprentices that reside in the City of Buffalo,
It is hereby certified, pursuant to Section 3 -19 of the Charter of the City of Buffalo, that the immediate passage of the
foregoing ordinance is necessary.
APPROVED AS TO FORM
Matter underlined is new.
PASSED
AYES — 9 NOES — 0
NO. 118
Sponsor: Mr. Coppola:
Amend Common Council Proceeding #39 dated July 26, 2005, Approving the
Trade -In of Existing Equipment
Whereas: The Common Council at it meeting of July 26, 2005, approved the Purchase of New Equipment and the Trade -
In of Existing Equipment as proceeding number thirty -nine (39); and
Whereas: The Purchase division received offers from interested parties to buy the equipment slated for trade -in; and
Whereas: Whereas the Purchase Division is in the process of soliciting sealed bids for the cited equipment to determine
whether it would be more beneficial for the City to trade -in or sell the equipment outright and to apply the proceeds
therefrom to the purchase of new equipment.
Now Therefore Be It Resolved:
That the Director of Purchase in hereby authorized to trade -in or sell the equipment described in the Common Council
resolution cited herein, and that the determination shall be in the best interests of the City.
PASSED
AYES — 9 NOES — 0
By: Mr. Coppola
NO. 119
City of Buffalo
Local Law No. -- (2005)
Introductory No. 9 (2005)
A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Department of
Community Services
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That Article 16 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows:
§16 -6 Divisions
(d) Division for Youth.
§16 -23 Director for the Division for Youth
The head of the Division for Youth shall be the Director for Youth. The director shall coordinate and supplement the
activities and programs of public, private and religious agencies within the City of Buffalo devoted in whole or in part to the
welfare and protection of youth; cooperate with such agencies in developing effective programs for the. Prevention of
delinquency, crime and neglect among youth; and collect data and statistics, and conduct studies relating to activities of
youth.
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
NOTE: Matter underlined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 120
By: Brian C. Davis
Subject: Permission to Hang Banners on Delaware Avenue — Trinity Episcopal Church
Whereas: Trinity Episcopal Church would like to hang a banner along Delaware Avenue to advertise their annual White
Elephant Sale event; and
Whereas: Trinity Episcopal Church is requesting permission to display the banner in front of the Church located at 371
Delaware Avenue; and
Whereas: Trinity Episcopal Church has requested the said banner be displayed from Saturday, October 22, 2005
through Saturday, November 12, 2005; and
Now Therefore Be It Resolved That:
The Common Council of the City of Buffalo grants permission to Trinity Episcopal Church to display a banner to advertise
the Trinity White Elephant Sale
Be It Further Resolved That:
Trinity Episcopal Church will purchase the necessary bond before the banner is hung. Said banner shall meet all the
requirements of pertinent City Department's and no existing laws should be violated.
PASSED
AYES — 9 NOES — 0
NO. 121
BY: Mr. Fontana
RE: Buffalo and Erie County Public Library Property Transfers
WHEREAS: Due to the budget fiscal cutbacks within the County of Erie, the Buffalo & Erie County Public Library Board
has decided to vacate 7 city -owned buildings before the end of 2005; and
WHEREAS: While some library materials may be removed from those locations for re -use in other Buffalo and Erie
County Public Library locations, many other materials and furnishings still remain; and
WHEREAS: Prior to discarding any surplus books, reading materials, or furnishings the B &ECPL has offered to donate
such books or reading materials to a not - for - profit corporation or political subdivision within the area of the Library System;
and
WHEREAS: The Board of Trustees has approved the transfer of library property remaining after it vacates a building to
the entity that is prepared to occupy the vacated space and to make appropriate use of the library property that remains
behind.
NOW THEREFORE BE IT RESOLVED THAT:
This Honorable Body requests the transfer of library property (books, furnishings and equipment) to the City of Buffalo for
future re -use within the library buildings. Future re -use of such materials shall be determined by Commissioner of Public
works and the District Council Member for city approved organizations that will occupy those buildings vacated by the
Library.
ADOPTED
NO. 122
By: Mr. Fontana
RE: Legislative Assistant Appointment
WHEREAS: Effective Monday, October 10, 2005 1 am appointing Leon Hicks, who resides at 15 Bennett Village Terrace,
Buffalo, New York as a Legislative Assistant in my office; and
WHEREAS: Mr. Hicks has previously worked in my office as an Intern for the past 4 years, and is quite capable of filling
this position; and
WHEREAS: Mr. Hicks is presently a student at the University of Buffalo majoring in Political Science.
NOW THEREFORE BE IT RESOLVED THAT:
Mr. Leon Hicks is appointed as a Legislative Assistant for the Lovejoy District.
ADOPTED
NO. 123
RESOLUTION
By: Mr. Fontana
RE: Waive License and Permit Fees - Habitat for Humanity of Buffalo
Whereas: Habitat for Humanity has an excellent reputation as a not - for - profit housing organization; and
Whereas: Their volunteer work force continues to rehabilitate older homes and build new ones; ever advancing their
mission to increase home ownership and property tax revenue for the City of Buffalo, all while strengthening our
communities; and
Whereas: This year marks the 20 anniversary of Habitat for Humanity of Buffalo which has built and dedicated its 150
home; and
Whereas: Ninety cents of every dollar Habitat for Humanity spends is strictly directed towards construction expenses; and
Whereas: As a measure of partnership and commitment, Habitat for Humanity has requested that the City of Buffalo
waive all license permit fees for 2005 -2006; and
Whereas: The City of Buffalo, and especially this Common Council, seeks to maintain and encourage such valuable
partnerships by increasing our support to all causes aimed at strengthening and revitalizing our City" neighborhoods.
Now, Therefore, Be It Resolved That:
The Common Council of the City of Buffalo waives all 2005 -2006 housing and construction license and permit fees for
Habitat for Humanity of Buffalo in order to promote the goal of increasing home ownership.
PASSED
AYES — 9 NOES — 0
NO. 124
BY: MR. FRANCZYK
RE: STRENGTHEN REGULATION OF SOLID WASTE TRANSPORTING
WHEREAS: In 2003 the Clinton - Bailey neighborhood was trader siege by a raw garbage solid waste hauling scheme that
attempted to truck and raft municipal solid waste from New York City through residential streets in Buffalo; and,
WHEREAS: The stench, filth, rodent and pest infestation as well as the proliferation of massive semi trucks hauling rotting
waste through city side streets in addition to hundreds of stalled pestiferous garbage trains, created a nightmare scenario
that should never be repeated in another Buffalo neighborhood; and,
WHEREAS: Transfer of solid waste from rail car to truck can be exempt from New York State transfer station permit
regulations if the criteria set forth in 6 NYCRR 360- 1.2(b)(172) (i.e. storage must be incidental to transport; containers
must be closed and leak proof; containers must be maintained in a safe and nuisance free manner) are met; and,
WHEREAS: A Regulated Use Permit issued by the Common Council pursuant to section 216 -32, Article 1, of the City
Charter, allows or regulates the use of real property or premises which creates or has created offensive or noxious odors;
and,
WHEREAS: The city needs to ensure that the solid waste hauling and transportation business is properly regulated to
prevent any renewed attempt to create a public nuisance similar to that suffered by the Clinton - Bailey community; and,
NOW THEREFORE BE IT RESOLVED:
That the Corporation Council examine Article I, Abatement of Nuisances Section 216 -1 of the City Charter giving the
Health Commissioner the responsibility to declare real property containing "filth or unwholesome matter injurious to health
to be a nuisance..." by allowing the same declaration to be made by the appropriate officer of the City of Buffalo following
the written opinion of a qualified physician or physicians in the event the Health Commissioner fails to render an opinion
on whether or not a property is a public nuisance; and,
BE IT FURTHER RESOLVED:
That the Corporation Council determine if trucks or vehicles transporting or conveying any non -City of Buffalo generated
solid waste through city streets to or from any real property in the city, must first obtain a city special use permit allowing
or disallowing such activities.
REFERRED TO THE COMMITTEEON LEGISLATION AND THE CORPORATION COUNSEL
No. 125
RESOLUTION
By: Mr. Golombek
RE: Learning From the Niagara Falls Casino Experience
Whereas: Mayor Vincent Annello and Assemblywoman Francine Delmonte recently appeared before the Council's
Community Development Committee to discuss the city of Niagara Falls experience with casino gambling; and
Whereas: The advice provided by Mayor Annello and Assemblywoman Delmonte was:
1) Have the State Legislature define the term "host community" as described in Section 99(h) of the State Finance
Law;
2) Limit the amount of acreage that the Seneca Nation is allowed to utilize as sovereign land;
3) Form an entity to distribute casino funds and establish procedures for distributing funds prior to finalizing a
casino.
Whereas: The litigation between the County of Niagara and the City of Niagara Falls is based on who is entitled as the
"host community" to receive casino funds. In order to avid similar litigation between the City of Buffalo and the County of
Erie, the State Legislature should clarify the definition of "host community" to be the three cities mentioned in the gambling
compact, namely Niagara Falls, Buffalo and Salamanca; and
Whereas: The Seneca Nation has been provided 52 acres of Niagara Falls land as sovereign land. As a result the state is
currently moving to seize 26 acres of land from private property owners and the City of Niagara Falls is losing $1.5 million
in taxable land; and
Whereas: In addition to a casino, the Seneca Nation is utilizing the 52 acres provided to them for a hotel, restaurant and
other facilities which will be tax exempt and compete with neighboring businesses who do not have the competitive
advantage of being tax exempt; and
Whereas: The local share provided pursuant to the gaming compact is controlled by the State and must be authorized
each year by the State; and
Whereas: For the City of Niagara Falls to utilize local casino funds for infrastructure improvement to attract economic
development, the City must access the funds through a cumbersome bureaucratic process controlled by the State; and
Whereas: Due to political differences and litigation the City of Niagara Falls has not received their local share as provided
in the gaming compact this year;
Whereas: In light of the advice provided by Mayor Annello and Assemblywoman Delmonte;
Now Therefore Be It Resolved:
That the Buffalo Common Council requests the New York State Legislature to pass additional legislation to clarify that the
term "host community" in Section 99(h) of the State Finance Law means Niagara Falls, Buffalo, and Salamanca, the three
cities named in the gaming compact; and
Be It Further Resolved:
That in the effort to prevent further loss of taxable land in the City of Buffalo, the Common Council desires to limit the
amount of land provided to the Seneca Nation to be utilized as sovereign land.
Be It Further Resolved:
That prior to finalizing any casino agreement the Council believes that it is critical to negotiate with the State of New York
the mechanism and procedure for distributing the local share of casino funds to the City of Buffalo.
Be It Further Resolved:
That the City Clerk forward certified copies of this resolution to the members of the WNY State Delegation, Governor
George Pataki, Senate Majority Leader Joseph Bruno, Assembly Speaker Sheldon Silver, Niagara Falls Mayor, Vincenzo
Anello, and Salamanca Mayor Jeff Pond.
ADOPT 3 RD RESOLVE REMAINDER TO COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 126
By Mr. Golombek:
Recycling at Large Events
Whereas: As communities seek to reduce waste disposal, interest in diverting waste generated at public events has
grown, and
The practice of recycling generates good publicity for event organizers, and it reduces waste disposal costs. It also
generates goodwill among attendees - -the public likes recycling at events. People often express a desire for recycling
opportunities when they are not present at these events, and
Recycling at special events is growing. Numerous events and venues that have implemented recycling programs have
had remarkable success. Examples include:
• Bay to Breakers Footrace and Footstock, a post -race festival, San Francisco, Calif.: participants and attendees at the
1998 event recovered approximately 8.5 tons of material through recycling.
• St. Paul Classic Bike Tour, St. Paul, Minn.: the 5,000 riders at the 1998 race recovered 95 percent of their discards
through recycling and composting.
• The Dcl Mar Fairgrounds, Del Mar, Calif.: the fairgrounds recycled 90 percent of its discards in 1998.
• The Common Ground Country Fair in Unity, Maine: the fair recovered 86 percent of its discards in 1996, and
San Francisco and New York City both require special events recycling. San Francisco's ordinance requires planners to
submit a recycling plan with their permit application. This applies to street fairs, athletic events, or any other event
requiring temporary use or occupancy of a public street at which beverages will be dispensed or a large amount of other
materials will be generated.
Now, Therefore, Be It Resolved:
That this Common Council will work with other city departments and agencies to create effective large event recycling
legislation that would reduce the demand for costly landfill space and encourage the conservation of valuable natural
resources.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE SPECIAL EVENTS COMMITTEE
NO. 127
RESOLUTION
By: Mr. Golombek
Co- Sponsor: All Members
RE: Addressing Demolitions In the Capital Budget
Whereas: The Department of Permits and Inspections has submitted a request to the Citizens Planning Council seeking
$16 million over the next three years to remove 1,000 back - logged buildings that pose an emergency condition and
threaten the health and safety of citizens and to continue to aggressively pursue additional buildings that require
demolition (see attached request); and
Whereas: According to the 2003 Draft City Comprehensive Plan, in the year 2000 it was estimated that 8,684 abandoned
structures existed in the city of Buffalo, comprising 22,854 vacant housing units; and
Whereas: According to the Division of Citizens Services, over the past five years the number one complaint called into the
Mayor's Complaint Line is housing violations, at an average of 5,945 calls per year; and
Whereas: The large number of vacant and abandoned structures in the City of Buffalo has a tremendous impact upon the
Police Department, the Fire Department, and the Inspections Department as they are frequently called to address
problems at these buildings; and
Whereas: The deterioration of a neighborhood starts with one bad property and spreads like a cancer affecting all
residents; and
Whereas: Currently 533 properties have been identified as needing demolition and are waiting to be removed; and
Whereas: Every day that these 533 properties remain standing is having a negative impact upon residents of the City of
Buffalo; and
Whereas: It is anticipated that after the city tax auction in October, the city will take ownership of an additional 500
buildings, of which many will need to be demolished due to their poor condition; and
Now Therefore Be It Resolved
That the Buffalo Common Council supports the request by Commissioner Ray McGurn to increase the spending of capital
budget dollars to address the tremendous problem of removing abandoned buildings that pose a safety threat and a
quality of life threat to our residents.
Be It Further Resolved
That the City Clerk forward a copy of this resolution to the Citizens Planning Council.
REFERRED TO THE COMMITTEE ON BUDGET, COMMISSIONER OF PERMITS AND INSPECTIONS, DIRECTOR OF
STRATEGIC PLANNING COMMISSIONER OF POLICE AND THE COMMISSIONER OF FIRE
NO. 128
BY: Ms. RUSSELL
BUDGET AND PERSONNEL AMENDMENT 31 - DEPARTMENT OF PUBLIC WORKS, PARKS & RECREATION 1200
- ADMINISTRATIVE SERVICES
The Common Council of the City Of Buffalo does ordain as follows:
That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 31 - Department Of Public Works, Parks
& Recreation, 1200- Administrative Services which currently reads:
2 Account Clerk Typist $ 26,271 - $ 29,269
Is hereby amended to read:
1 Administrative Assistant $ 33,545 - $ 38,584
1 Account Clerk Typist $ 26,271 - $ 29,269
That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties
for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and
certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed
position
JOSEPH N. GIAMBRA COMMISSIONER OF PUBLIC WORKS, PARKS AND RECREATION AND MICHAEL A.
SEAMAN, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct,
administration and performance of essential services of that department. We APPROVED AS TO FORM
REFERRED TO THE COMMITTEEON CIVIL SERVICE
NO. 129
RESOLUTION
By: Mr. Thompson
Re: Mandatory Distribution of Sex Offender Information to all Schools
Whereas: Sex offender information is publicly available, however, only a limited number of individuals are aware of this, or
access this information; and
Whereas: In July of 2005, The Jackson Township Committee of New Jersey enacted an ordinance prohibiting registered
sex offenders over the age of 18 from living within 2,500 feet of any school, park, playground, or day -care center; and
Whereas: Proactive communities and law enforcement agencies around the country support "Megan's Law," which
requires convicted offenders to register within 3 -10 calendar days of relocating to a new community or being released
from prison /holding center; and
Now, Therefore Be It Resolved That:
This Common Council hereby requests that it become mandatory that the proper law enforcement agencies, the Buffalo
Police Department and Erie County Sheriff, forward current sex offender information to all local school systems: public,
private, and charter schools on a monthly basis for distribution to parents and students.
Now, Therefore Be It Finally Resolved That:
This Common Council hereby requests research, data analysis, and responses from Buffalo Police Department and the
Board of Education.
ADOPTED
NO. 130
By: Hun. Antoine M. Thompson
Re: Trailblazer Request for Rev. Dr. Robert L. Graham
Whereas: St. Luke A.M.E. Zion Church, located at 314 E. Ferry St., will be celebrating its 100 year anniversary and
Whereas: Beginning on August 28, 2005, the congregation will embark upon a series of celebrations and activities that will
lead up to the culmination of events with a grand celebration of our Anniversary in January 2006; and
Whereas: As part of this effort, St. Luke A.M.E. Zion Church would like to respectfully request that the portion of Lonsdale
Rd., specifically between E. Ferry and Bnmswick Rd., be renamed in honor of Rev. Dr. Robert L. Graham; and
Whereas: Rev. Dr. Robert L. Graham is deserving of this honor for many reasons. During his 20 year tenure as pastor, he
has been a humanitarian, putting the needs of others before himself, being compassionate and concerned especially for
the young, the elderly, and the disenfranchised; and
Whereas: Rev. Dr. Robert L. Graham has given birth to several youth ministries geared to assisting youth in their
development, instilling the importance of moral and spiritual values. He ensures that the elderly have transportation to and
from medical appointments, church services, and grocery shopping via St. Lukes A.M.E. Zion Church's van service; and
Whereas: Rev. Dr. Robert L. Graham has assisted the disenfranchised with St. Luke's full service food pantry that serves
more than a thousand families throughout the City of Buffalo annually, in addition to renovating a room within the
Humboldt YMCA to ensure the facility remains proper accessible; and
Whereas: A lifetime member of the NAACP, Rev. Dr. Robert L. Graham is also the founder and the first president of the
African Methodist Ministers Alliance of Greater Buffalo, former Board of Director of the Urban League, founding member
of the Network of Religious Communities, President & Board Trustee and Board of Directors of the Greater Buffalo
Council of Churches, Board of Directors of the Western New York Bible Society, Charter Member- AIDS Consortium; and
Whereas: The Buffalo Common Council and City of Buffalo greatly appreciates his arduous and prolific efforts towards
community service, civil rights, and human relations, truly doing the work of God; and
Now Therefore Be It Resolved That:
This humble body, along with St. Luke A.M.E. Zion Church, family, and friends respectfully requests that Lonsdale Ave.,
between E. Ferry St. and Brunswick Blvd., be renamed in honor of the achievements of Rev. Dr. Robert L. Graham;
commemorating his diligent efforts of community service to promote and preserve the City of Buffalo and neighboring
communities with an unveiling ceremony scheduled for November 2005.
PASSED
AYES — 9 NOES — 0
NO. 131
By: Mr. Thompson
Re: Utifity Repair Coordination with Department Public Works
Whereas: Repairs within the Department of Public Works, mainly sidewalk repair and replacement, and street re- paving,
are completed annually throughout the City of Buffalo; and
Whereas: Utility company service repairs are completed annually throughout the City of Buffalo; and
Whereas: In many instances, a street and /or sidewalk is resurfaced, only to be cut and coal - patched after utility
companies come in to perform maintenance; and
Whereas: These repairs are generally unsightly and the materials used tend to decrease the overall quality of the
repair /replacement and the aesthetic quality of the street; and
Whereas: Repairs should not be duplicated but streamlined, coordinated, and organized in order to maximize the
effectiveness of each organization's limited funding; and
Whereas: This process occurs for major projects, but not often enough for basic repairs. This threatens the quality of life
for residents of the City of Buffalo; and
Improved coordination efforts should be made between utility companies and the Department of Public Works in order to
improve fiscal efficiency by reducing the number of repairs taking place after a location has been serviced; and
Now, Therefore Be It Resolved That:
This Common Council hereby requests that the issue of coordinating repair efforts between the Department of Public
Works and utility companies be researched as to the feasibility of improving the efficiency of each respective department.
Now, Therefore Be It Finally Resolved That:
This Common Council also hereby requests that this item be referred to the Committee on Legislation, in addition to
seeking responses from the Department of Public Works, Niagara Mohawk, Verizon, National Fuel, Adelphia, American
Water Services, and the Sewer Authority.
NO. 132
By: Mr. Thompson
Re: Granting a three -month extension to Churches, Non - Profit Organizations,
and Senior Citizens with Property on the Foreclosure List
Whereas: Thousands of property owners in the City of Buffalo currently have property on the 2005 Foreclosure List and
Tax Auction; and
Whereas: Struggling non - profit organizations, religious institutions, and senior citizen property owners face the possibility
of being displaced for delinquent garbage user fee and water bills; and
Whereas: A three month extension should be granted to churches, non - profit organizations, and senior citizens in order to
allow struggling agencies and those with fixed sources of income an opportunity to alleviate their financial difficulties; and
Now, Therefore Be It Resolved That:
This Common Council hereby requests that the issue of granting churches, non - profit organizations, and senior citizens a
three -month extension on paying their garbage user fee, sewer fee, and water bill be researched and considered.
Now, Therefore Be It Finally Resolved That:
This Common Council also hereby requests that this item be referred to the Committee on Legislation, the Department of
Taxation & Assessment, the Department of Public Works, American Water Service, and the Sewer Authority.
REFERRED TO THE COMMITTEE ON FINANCE AND CORPORATION COUNSEL
NO. 133
BY ANTOINE M THOMPSON
Appointments Commissioner of Deeds
That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2006,
conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk:
Danielle Sawyer Garnet Kelly
TOTAL2
ADOPTED
BY: ANTOINE M. THOMPSON
NO. 134
Appointments
Commissioners of Deeds
Required for the Proper
Performance of Public Duties
That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2006,
conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of
Buffalo
Gracine Barone Ellen Burke
Albert Diamico Cheryl Kennedy
Cynthia Rose Josephine Perz
Maria Grisanti Peter Barone
Brenda Commodore Serena Dunson
Joyce Quackenbush Tina Lane
Donna Marie Raimondo
TOTAL 13
ADOPTED
NO. 136
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, October 11, 2005 at 9:30 o'clock A.M.
Committee on Finance following Civil Service Tuesday, October 11,2005 at 10:00 o'clock A.M
Committee on Legislation Tuesday, October 11, 2005. at 2:00 o'clock P.M. Wednesday,
Committee on Comm. Dev. October 12, 2005 at 10:30 o'clock
Special Committees
Committee of the Whole Wednesday, October 5, 2005 at 11:30 o'clock A.M. in Room 1417 City Hall on the Minority
Goals Statement.
Special Legislation Committee Meeting- Thursday, October 6, 2005 at 10:00 o'clock A.M. in Room 1417 City Hall on the
Adelphia Cable Franchise Renewal - Needs Assessment for COB.
Special Finance Committee Meeting Thursday, October 6, 2005 at 2:00 o'clock P.M. in Room 1417 City Hall on the
Library Closings.
MBEC Monday, October 17, 2005 at 10:00 o'clock A.M. in Room 1417 City Hall.
(Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council
Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be
meetings set up whereby the City Clerk's Office is not made aware: therefore, unless we receive notice from the
respective Chairmen, we can only make notification of what we are made aware.
NO. 136
Adjournment
On a motion by Mr. Coppola, Seconded by Mrs. Russell, the Council adjourned at 3:50PM