HomeMy WebLinkAbout05-1018No.19
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
OCTOBER 18, 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, OCTOBER 18, 2005
AT 2:00 P.M.
PRESENT – David A. Franczyk, President of the Council, and Council Members Bonifacio, Conrad, Coppola,
Davis , Fontana, Golombek Russell AND Thompson –9
ABSENT-0
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE DIVISION OF CITIZEN SERVICES
NO. 1
MONTHLY REPORT- DIVISION OF CILIZEN EXT.
CITIZEN SERVICES- SEPTEMBER, 2005
Dear Members of the Buffalo Common Council:
Attached for your review is the following: (1) Chart of Service Calls for September 2005, (2) Chart of Service Calls for
September, 2004- for comparative purposes, and (3) Chart of "Open" calls for August, 2005, as of September 1, 2005.
Service requests for September 2005 were down by 452, to 3,107, but they were about 1,000 higher than in September
2004, (3,107 to 2,153)
The only category experiencing an increase in requests in September, was forestry, which increased from 259 to 377
requests, with over 100 requests received on Thursday, September 29, 2005, due to sixty plus mile an hour winds and
heavy rain.
We also received an additional 189 calls regarding the Rental Registration mailing and those calls have now stopped.
Regarding the resolution report for August, 2005, tote requests, rodent complaints and forestry responses have the
highest inaction over the 30 day reporting period used.
A shipment of new garbage totes is expected soon, rodent complaints appear to have been addressed but not reported
and forestry requests are being organized and tracked by Public Works. A new tracking system for all tree related
requests should be operational within the next two weeks.
As always, I hope that you find this information helpful.
Sincerely,
Jay B. Duderwick
RECEIVED AND FILED
FROM THE BOARD OF PARKING
NO. 2
155 WASHINGTON ST
PARCEL NO. 5 AND SKYWAY- THRUWAY LOOP
The existing three (3) year leases for the above stated surface parking lots are about to expire. The Board of Parking
advertised for bids on September 13, 2005 and held a public bid opening on October 12, 2005 in the office of the Board of
Parking, 1801 City Hall, The results are as follows:
155 Washington (Thruway Lot 1 A) - former annual rental - $45,000
BIDDER ANNUAL RENTAL
Pro Park, LLC $21,212
465 Main St Suite 200a
Buffalo, NY 14203
Parcel No. 5 and Skyway Thruway Loop (former annual rental $160,000)
BIDDER ANNUAL RENTAL
Pro Park, LLC $174,471
465 Main St Suite 200a
Buffalo, NY 14203
At this time the Board of Parking recommends the award of new three year leases for the above stated surface parking
lots be awarded to Pro Park LLC, as the highest responsible bidder in the amount of $21,212 for 155 Washington and
$174,471 for Parcel #5 - Skyway Thruway Loop.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 3
UNION SHIP CANAL URBAN RENEWAL PROJECT AMENDMENT
AMENDMENT FOR FUTURE DEVELOPMENT WITHIN THE PROJECT AREA
PLANNING BOARD APPROVAL
The city Planning Board at it's meeting on September 27, 2005 adopted the following Amendment to the Union Ship
Canal Urban Renewal Plan as appropriate for Urban Renewal Treatment. Mr. Morrell offered the resolution, seconded by
Mr. Lyons and moved for its adoption:
We, the duly appointed members of the City of Buffalo Planning Board, acting in accordance with Section 504, Article 15
of the General Municipal Law of New York State, do this 27th day of September, 2005 adopt the following resolution:
WHEREAS, the Office of Strategic Planning has recommended that the Union Ship Canal Urban Renewal Project
Amendment, consisting of all that tract of land situated within the area generally bounded by, Tifft Street on the north, the
Seneca Rail Yard on the east, NYS Route 5 on the west and the City of Buffalo /Lackawanna city line on the south, be
designated as appropriate for Urban Renewal treatment; and
WHEREAS, the specific subdivided parcels, specifically Parcel "B "- sublots 1,2, &3 building heights shall not exceed 60
feet; will pave the way for the proposed "COBEY, Inc." Project, providing new economic development and job
opportunities to the community and will aid in the stabilization of local property tax rolls and provide a framework for public
and private reinvestment within the area; and
WHEREAS, parcels to be subdivided in future development at the Buffalo Lakeside Commerce Park may be added to this
amendment category at the discretion of the City of Buffalo Planning Board, and
WHEREAS, a public hearing on the matter was held upon due notice before the City Planning Board in City Hall Room
901 on September 27, 2005 at 9:00 a.m., at which the proposed site amendment was presented and explained in detail,
and those desiring to be heard were heard,
NOW THEREFORE BE IT RESOLVED, that we the duly appointed members of the City Planning Board of and for the
City of Buffalo, do hereby report to the Common Council and certify our unqualified approval of the Amendment of the
above described Union Ship Canal Urban Renewal Plan Project, as defined in Subdivision 3 of Section 502, Article 15 of
the New York State Municipal Law and do hereby designate the area, pursuant to Section 504, Article 15 of the New York
State General Municipal Law, as being appropriate for Urban Renewal treatment; and
BE IT FURTHER RESOLVED, that, the Director of the Office of Strategic Planning is hereby directed and authorized to
prepare the Amendment of the Waterfront Urban Renewal Project Area.
AYES: Messrs. Manuele, Lyons, & Morrell
Ms. Hoyt
NAYS: None
ABSENT: Mrs. Schwartz, Mr. Gioia & Mr. Burns
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
FROM THE BUFFALO PRESERVATION BOARD
NO. 4
"L LE COUTEULX" DIST• DESIGNATION
#45 CCP SEPTEMBER 20, 2005
The Buffalo Preservation Board wholeheartly supports the intent of The Buffalo Little Sister Association's proposal to
establish the "Louis LeCouteulx" Historic District to be defined by signage on the street signs from Main Street to Cottage,
as well as along Edward and Virginia Streets, inclusively
There is a formal application for Designation of Historic Districts that must be submitted to the Buffalo Preservation Board
with all the required information, a copy of the application is enclosed as well as the procedures /processes that must be
adhered to as outlined in Chapter 337 - Preservation Standards of the Buffalo Code, specifically Article III Section. 337 -6
through Section 337 -15.
If you have any questions, you may contact Thomas W. Marchese, Executive Secretary at 851-
5029.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE PRESERVATION BOARD AND THE CITY PLANNING
BOARD
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 5
APPROVAL OF CONTRACT FOR SALE OF LAND - 256, 258,268, 272 EAST FERRY
1478 & 1482 JEFFERSON
he City of Buffalo Urban Renewal Agency duly designated Zula Corp. and /or joint venture, partnership,
corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject parcel.
The Agency has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the
Redeveloper is satisfactory.
Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary
for your Honorable Body to set a date for a public heating, and to direct the publication of a notice of said hearing. In the
interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to
prepare a Resolution together with a Notice of Public Heating for your action.
Forwarded separately are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Heating
3.. Resolution approving proposed Land Disposition Agreement and Transfer of Parcels from City to BURA
After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to
the Redeveloper, which the Agency has designated as being qualified and eligible
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 6
BUFFALO WATERFRONT CORRIDOR INNITIATIVE (WCI)
THE BUFFALO CORRIDOR MANAGEMENT PROJECT
"VOLUMNE 1 : QUEEN CITY WATERFRONT"
OSP is requesting the Common Council to review and adopt the enclosed draft of the Buffalo Waterfront Corridor
Initiative: A Strategic Plan for Transportation Improvements. The Queen City Waterfront strategy -fs based on a clear and
simple vision that Buffalo, once a waterfront city, will be a waterfront city once again. As a community, Buffalo is
committed to making its waterfronts more accessible and environmentally healthy, to reconnecting neighborhoods to our
waterfronts and getting the best possible economic use from them, to improving the efficiency of our waterfront
transportation corridor and making sure it serves all our other goals.
This plan is based on a legacy of over 120 plans on over 80 sites, all aimed at achieving the great potential of our
waterfronts. It incorporates detailed analytical and creative effort, the work of thousands of citizens active in planning, and
dozens and dozens of durable proposals for action to improve our waterfronts developed over the past thirty years. The
vision is grounded in a methodical and critical assessment of three important bodies of work: what we have done; plans
we have made; and policies we have set. In addition to the Peace Bridge Improvements this effort has let us to develop
Engineering Project Proposals for work on Porter Avenue related to the International Gateway as well as work on the Erie
Street related to the broader agenda for the Erie Basin Marina, Erie Canal Harbor and the Cobblestone District.
We are requesting this review of the draft prior to the conclusion of this phase of our Federal Highway Administration,
Buffalo Corridor Management Program (Pin 5756.29). This program has been reviewed in progress in public and agency
meetings on several separate occasions over the past four years with comments included in this draft. We view this
document as a companion implementation program to the near final Local Waterfront Revitalization Plan and it is
referenced in the City's Comprehensive Plan, also in the final stages of review.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 7
RESULTS OF NEGOTIATIONS
141 OXFORD, 495'S LAFAYETTE
VACANT PARCEL: 32'X 121'
ASSESSED VALUATION: $4,500.
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 141 Oxford from Ms. Paulette
Woods, 139 Oxford, Buffalo, New York 14209. Ms. Woods owns and resides at 139 Oxford, which is adjacent to 141
Oxford and intends to use this vacant parcel for additional green space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are
no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar residential parcels in the subject area. Sale prices range
from thirty -five cents (.35) to one dollar ($1.00), per square foot.
The results of our negotiations are that Ms. Woods has agreed and is prepared to pay one thousand nine hundred dollars
($1,900), fifty cents ($.50) per square foot for the subject property. She has also agreed to pay for the cost of the transfer
tax, recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve the sale 141 Oxford to Ms. Woods for the amount of one
thousand nine hundred dollars ($1,900). 1 am further recommending that the Corporation Counsel prepare the necessary
documents for the transfer of title and that the Mayor be authorized to execute the same.
Mr. Coppola moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated October 11, 2005, be
received and filed; and
That the offer from Ms. Paulette Woods, residing at 139 Oxford, in the sum of one thousand and nine hundred dollars
($1,900.00) for the purchase of 141 Oxford, be and hereby is accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES - 9 NOES -0
a :IQ ri &I:I=11115K6Lrili1Ko]144N
NO. 8
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
COMMON COUNCIL- LEGISLATIVE
We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20 -12 of the
Charter, that it is necessary that the sum of $456 be transferred and reappropriated within Common Council Legislative,
as set forth below:
From
Legislative - Personal Services
10102001 - 412002 Hourly Salary $456
To
Common Council Legislative
10111004 458001 Transportation $456
Dated: Buffalo, NY, October 12, 2005
RECEIVED AND FILED
NO. 9
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
PURCHASE - AUCTION SALES
PUBLIC WORKS - CAPITAL PROJECTS
We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify pursuant to §20 -11 of the
Charter, that an increase in the sum of $159,444 in the estimate for the fiscal year beginning July 1, 2005 is necessary in
Capital Improvements for the Department of Public Works, to meet a contingency which could not have been reasonably
foreseen when the budget was adopted. The amount of increased appropriations will be met from an increase of
$159,444 in the General City Revenue account Org & Obj # 10170030 - 389005 - Purchase- Auction Sales not otherwise
appropriated for any other purpose. The details of the requirements are set forth below:
FROM
10170030 - 389005 Auction Sales $159,444
TO
17523008 - 489130 Transfer out to Capital Project $159,444
FROM
17523008 - 489130 Transfer out to Capital Project $159,444
TO
38300106 - 445100 Snow Removal Equipment $159,444
RECEIVED AND FILED
FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION
NO. 10
GRANT 3 -MONTH
EXTENSION TO CHURCHES, NON-
PROFIT ORGANIZATIONS, SENIOR
CITIZENS ON FORECLOSURE LIST
ITEM NO. NC 68A
This is in response to Councilmember Thompson's Resolution to grant a three -month extension to Churches, Non - Profit
Organizations, and Senior Citizens with property on the Foreclosure List. The issue of extending a payment date after a
property has been listed on a foreclosure list, and the foreclosure list has been filed with the court, and the property is
scheduled for sale is a legal issue that must be addressed by the Department of Law.
The Department of Assessment and Taxation did examine its database and worked with the MIS Department to
determine the number of Churches, Non - Profit Organizations and Senior Citizens who may have properties on the In Hem
39 Foreclosure List. Utilizing the real property tax exemption codes identifying these classes of property, we have
determined that there are 5 properties in the religious category, 1 property in the educational category, 4 properties in the
charitable category, and 51 properties identified as receiving the Senior Citizen and Enhanced STAR exemptions.
As I explained at the Common Council meeting of October 11, 2005, property owners who are experiencing financial
hardship can seek assistance from Legal Services for the Elderly, Disabled or Disadvantaged of Western NY, Legal Aid
Bureau of Buffalo or the Volunteer Lawyers Project providing they meet the income guidelines of those agencies. In
addition, attorneys representing the City, and Court attorneys acting as arbitrators between the City and the property
owner, will be available at the Courthouse from 9:30 a.m. to 10:30 a.m. and from 2:00 p.m. to 3:00 p.m. during the week
of October 17, 2005. 1 had mentioned at the October 11, 2005 Common Council meeting that the only way to avoid
foreclosure at this late date, if a property owner is unable to pay the liens, is to obtain a Court Order staying the sale of the
property.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 11
LEGISLATION COMMITTEE MEETING
OCTOBER 11, 2005
IN REM 39 FORECLOSURE SALE
OWNER OCCUPIED PARCELS
Pursuant to the request of Delaware District Councilmember Marc A. Coppola, at the Common Council meeting on
October 11, 2005, enclosed is an updated list of 3,784 properties, sorted by councilmatic district, that remain on the In
Rem 39 Foreclosure List due to either /or unpaid tax, sewer rent, user fee, water /sewer charges and which are scheduled
for sale on October 24, 25 and 26, 2005.
Analysis of the data indicates that there are 1,608 parcels where the assessed address matches the tax mailing address,
however, it cannot be assumed that all of these are owner - occupied residences. Some are commercial properties where
the owner requests mail to be sent to the business address and some are abandoned, vacant properties where the owner
has never notified the City of a change of address, and still others are vacant residential lots where the mailing address
matches the parcel address because that is the address we were notified to use by the owner.
We also had a report generated by the MIS Department which shows that the foreclosure list of 3,784 parcels includes
2,680 parcels with residential dwelling codes (210, 220, 230, 281 and 283). Of the 2,680 residential coded parcels, to
date, we have received requests from Inspections to strike 606 parcels to the City for demolition. The list also includes
805 parcels with vacant lot codes (311, 312, 330, 331 and 340). We are also enclosing a report generated by MIS on
October 11, 2005 that identifies the number of properties that are on In Rem 39 for tax, sewer rent, user fee and /or water
only. This report also identifies the number of properties that have unpaid tax, sewer fee, user fee or water or any
combination.
Therefore, the number of owner - occupied residential dwellings that we can determine based on our analysis of our
database shows that more than likely, less than 1,000 parcels are owner occupied and even then, we cannot assert with
certainty whether these properties are occupied or vacant.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF PUBLIC WORKS
NO. 12
CONTRACTOR
BASE BID
:REPORT OF BIDS CAZENOVIA PARK GOLF COURSE
IRRIGATION
(SOUTH)
I have previously requested and received permission to take bids for the above project, item 32, CCP 7/10/01. 1
advertised on September 21, 2005 and have received tile following bids for the construction of Cazenovia Park Golf
Course Irrigation, which were publicly opened and read on October 6, 2005.
Contractor Base Bid
Irrigation & Pump Specialties $316,500.00
PO Box 389
Derby, NY 14047
Total Turf Services $592,230.00
2647 County Line Road
Chalfont, PA 13914
1 hereby certify tile foregoing is a true and correct statement of the bids received and that Irrigation & Pump Specialties is
the lowest responsible bidder in accordance with the plans and specifications; and that tile contract amount is $3
16,500.00. 1 request that your Honorable Body authorize tile Commissioner of Public Works, Parks, and Streets to order
the work on tile basis of the low bid. Funds for this work will be available in Bond Fund number 38400106.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated October 12, 2005, be
received and filed; an
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for
Cazenovia Park Golf Course Irrigation, to Irrigation & Pump Specialties, the lowest responsible bidder, in the amount of
$316,500.00. Funds for the project are available in Bond Fund #38400106.
PASSED
AYES - 9 NOES -0
NO. 13
REPORT OF BIDS
SCHILLER PARK SENIOR CENTER
ROOF RECONSTRUCTION
JOB NO. 0636
LOVEJOY DISTRICT
I advertised for on September 27, 2005 and received the following formal bids for the Schiller Park Senior Center, Roof
Reconstruction, on October 11, 2005.
Weaver Roofing $ 96,000.00
40 Appeneimer, Buffalo, NY
Jos. A. Sanders & Sons $121,686.00
P 0 Box 814, Buffalo, NY
Progressive Roofing $126,200.00
331 Grote, Buffalo, NY
Jameson Roofing $132,987.00
3761 E Lake, Dunkirk, NY
Grove Roofing $144,800.00
131 Reading, Buffalo, NY
I hereby certify that the foregoing is a true and correct statement of all bids received and that Weaver Roofing, with a bid
in the amount of Ninety Six Thousand and 00/100 Dollars ($96,000.00), 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 October 12, 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
Schiller Park Senior Center, Roof Reconstruction, to Weaver Roofing, the lowest responsible bidder, in the amount of
$96,000.00. Funds for the project are available in 38321106 445100 - Buildings.
PASSED
AYES - 9 NOES -0
NO. 14
CHANGE IN CONTRACT
BUFFALO CITY COURT
INTERIOR RENOVATIONS 2006
JOB #613
ELLICOTT DISTRICT
I hereby submit to Your Honorable Body the following changes for the Buffalo City Court, Interior Renovations 2005,
Allgaier Construction Corp., C #92010989.
1. Removal of existing counter in Judgments Area. Add $ 2,512.06
The foregoing change results in a net increase in the contract of Two Thousand Five Hundred Twelve and 06/100 Dollars
($2,512.06).
Current Contract Amount $226,800.00
Amount of This Change Order ( #1) $ 2,512.06
Revised Contract Amount $229,312.06
Costs have been reviewed by the Consulting Architect (Barton, Hovey, Nardini & Tries) and the Department of Public
Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 35320806 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 October 6, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1,
to Allgaier Construction Corp., an increase in the amount of $2,512.06, as more fully described in the above
communication, for work relating to Job No. 513, Buffalo CityCourt, Interior Renovations, C #92010989. Funds fur this
project are available in 35320806 445100 - Division of Buildings.
PASSED
AYES - 9 NOES -0
NO. 16
CHANGE IN CONTRACT
ELMWOOD HERTEL FIRE STATION
CONSTRUCTION
JOB #0436
NORTH DISTRICT
I hereby submit to Your Honorable Body the following changes for the Elmwood Hertel Fire Station, Construction,
Electrical Work, Tunney Electric, Inc., C #92010969.
1. Credit for conduit and wire to Site Light Fixtures.
Deduct $ 1,470.00
The foregoing change results in a net decrease in the contract of One Thousand Four Hundred Seventy and 00/100
Dollars (- $1,470.00).
Current Contract Amount $185,976.00
Amount of This Change Order ( #3) Deduct $ 1,470.00
Revised Contract Amount $184,506.00
Costs have been reviewed by the Consulting Architect (Carmina & Wood, PC) and the Department of Public Works, Parks
& Streets and were found to be fair and equitable. Funds for this work are to be credited to 30062306 445100 - Division of
Buildings.
I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order
to the contractor as set forth above.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated October 5, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 3,
to Tunney Electric, Inc., a decrease in the amount of $1,470.00, as more fully described in the above communication, for
work relating to Job
No. 0436, Elmwood Hertel Fire Station, Construction, Electrical Work, C #92010969. Funds for this project are to be
credited with 30062306 445100 - Division of Buildings.
PASSED
AYES - 9 NOES -0
NO. 16
CHANGE IN CONTRACT
ELMWOOD HERTEL FIRE STATION
CONSTRUCTION
JOB #0436
NORTH DISTRICT
I hereby submit to Your Honorable Body the following changes for the Elmwood Hertel Fire Station, Construction,
Plumbing Work, Aurora Plumbing Co., Inc., C #92010970.
1. Install (1) 6" OS &Y valve on incoming water service riser per Buffalo Water Authority. Add $ 730.00
2. Credit between Hi /Low ADA interior wall mount drinking fountain versus single ADA unit. Deduct $ 235.00
3.Additional work necessary for exterior water tap at street. Add $ 3,690.00
The foregoing change results in a net increase in the contract of Four Thousand One Hundred Eighty Five and 00/100
Dollars ($4,185.00).
Current Contract Amount $263,271.00
Amount of This Change Order ( #1) $ 4,185.00
Revised Contract Amount $267,456.00
Costs have been reviewed by the Consulting Architect (Carmina & Wood, PC) and the Department of Public Works, Parks
& Streets and were found to be fair and equitable. Funds for this work are available in 30062306 445100 - Division of
Buildings.
I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order
to the contractor as set forth above.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated October 5, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 1,
to Aurora Plumbing Co., Inc., an increase in the amount of $4,185.00, as more fully described in the above
communication, for work relating to Job
No. 0436, Elmwood Hertel Fire Station, Construction, Plumbing Work, C #92010970. Funds for this project are available
in 30062306 445100 - Division of Buildings.
PASSED
AYES — 8 NOES —0
AYES — BONIFACIO, CONRAD, COPPOLA, DAVIS, FONTANA, FRANCZYK, RUSSELL, THOMPSON - 8
NOES — GOLOMBEK — 1
No. 17
Change in Contract
Elmwood Hertel Fire Station
Construction
Job #0436
North District
I hereby submit to Your Honorable Body the following changes for the Elmwood Hertel Fire Station, Construction, General
Construction, Concept Construction Corp., C #92010961.
1. Credit for deleting (3) light pole bases. Deduct $ 1,893.00
2.Furnish and install Dex -O -Tex Vaporcontrol Primer 100 due to high moisture content
on concrete slab. Add $ 9,785.00
The foregoing change results in a net increase in the contract of Seven Thousand Eight Hundred Ninety Two and 00/100
Dollars ($7,892.00).
Current Contract Amount $1,857,687.00
Amount of This Change Order ( #6) Add $ 7,892.00
Revised Contract Amount $1,865,579.00
Costs have been reviewed by the Consulting Architect (Carmina & Wood, PC) and the Department of Public Works, Parks
& Streets and were found to be fair and equitable. Funds for this work are available in 30062306 445100 - Division of
Buildings.
I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order
to the contractor as set forth above.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated October 5, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 6,
to Concept Construction Corp., an increase in the amount of $7,892.00, as more fully described in the above
communication, for work relating to Job No. 0436, Elmwood Hertel Fire Station, General Construction, C #92010961.
Funds for this project are available in 30062306 445100 - Division of Buildings
PASSED
AYES — 8 NOES — 0
AYES- BONIFACIO, CONRAD, COPPOLA, DAVIS, FONTANA, FRANCZYK, RUSSELL AND THOMPSON
NOES - GOLOMBEK
No. 18
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., Inc., C #92010964.
1. #18r - Credit for modifying original roof plan and reduce approximately 9' of mansard roof from behind hose
tower. Deduct $ 419.00
2. #40 - Provide and install additional guide rail along south property line. Add $4,579.00
3. #39r - Move previously erected wall to shorten the door alcove to gain space in dorm room. Add $ 895.00
4. #22r - Provide and install 4 additional lockers for each floor. Add $4,508.00
The foregoing change results in a net increase in the contract of Nine Thousand Five Hundred Sixty Three and 00/100
Dollars ($9,563.00).
Current Contract Amount $1,162,930.05
Amount of This Change Order ( #6) ADD $ 9,563.00
Revised Contract Amount $1,172,493.05
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 October 12, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 6,
to The Peyton Barlow Co., Inc., an increase in the amount of $9,563.00, as more fully described in the above
communication, for work relating to Job No. 0422, Main Mercer Fire Station, Expansion & Reconstruction, General
Construction, C #92010964. Funds for this project are available in 30062206 445100 - Division of Buildings.
PASSED
AYES — 9 NOES — 0
NO. 19
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., Inc., C #92010964.
1. #41 - Provide and install floor and base at Stair 211 corridor.
The foregoing change results in a net increase in the contract of Four Hundred Eighty
Three and 00/100 Dollars ($483.00).
Current Contract Amount $1,172,493.05
Amount of This Change Order ( #7) ADD $ 483.00
Revised Contract Amount $1,172,976.05
Costs have been reviewed by the Consulting Architect (Bermann 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 October 13, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 7,
to The Peyton Barlow Co., Inc., an increase in the amount of $483.00, as more fully described in the above
communication, for work relating to Job No. 0422, Main Mercer Fire Station, General Construction, C #92010964. Funds
for this project are available in 30062206 445100 - Division of Buildings.
PASSED
AYES — 9 NOES — 0
NO. 20
Change in Contract
North Jefferson Library
Construction
Job #0324
Masten District
I hereby submit to Your Honorable Body the following changes for the North Jefferson Library, Construction, Electrical
Work, Tunney Electric, Inc., C #92010831.
1. RFI #153.1 - Reset base elevations of Utica Street light poles to
the new sidewalk grades. Add $ 1,955.32
The foregoing change results in a net increase in the contract of One
Thousand Nine Hundred Fifty Five and 32/100 Dollars ($1,955.32).
Current Contract Amount $517,424.86
Amount of This Change Order ( #8) ADD $ 1,955.32
Revised Contract Amount $519,380.18
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 29, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 8,
to Tunney Electric, Inc., an increase in the amount of $1,955.32, as more fully described in the above communication, for
work relating to Job No. 0324, North Jefferson Library, Construction, Electrical Work, C #92010831. Funds for this project
are available in 38321 006 445100 - Division of Buildings.
AYES — 9 NOES — 0
NO. 21
Change in Contract
North Jefferson Library
Construction
Job #0324
Masten District
I hereby submit to Your Honorable Body the following changes for the North Jefferson Library, Construction, Electrical
Work, Tunney Electric, Inc., C #92010831.
1. RFI #144 - Add change in auditorium speaker in the front of room aimed at aisles. Add $ 1,973.00
The foregoing change results in a net increase in the contract of One Thousand Nine Hundred Seventy Three and 00/100
Dollars ($1,973.00).
Current Contract Amount $519,380.18
Amount of This Change Order ( #9) ADD $ 1,973.00
Revised Contract Amount $521,353.18
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 October 5, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 9,
to Tunney Electric, Inc., an increase in the amount of $1,973.00, as more fully described in the above communication, for
work relating to Job No. 0324, North Jefferson Library, Construction, Electrical Work, C #92010831. Funds for this project
are available in 38321 006 445100 - Division of Buildings.
PASSED
AYES — 9 NOES — 0
NO. 22
Change in Contract
North Jefferson Library
Construction
Job #0324
Masten District
I hereby submit to Your Honorable Body the following changes for the North Jefferson Library, Construction, Electrical
Work, Tunney Electric Inc., C #92010831.
1. RFI #170 - Provide and install conduit and cable from the library to the Apollo Center to allow broadcasting of
events from the auditorium using the City's facilities at the Apollo. Add $ 4,644.51
The foregoing change results in a net increase in the contract of Four Thousand Six Hundred Forty Four and 51/100
Dollars ($4,644.51).
Current Contract Amount $ 521,353.18
Amount of This Change Order ( #10) ADD $ 4,644.51
Revised Contract Amount $ 525,997.69
Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, Architect) and the Department of Public
Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 38321 006 445100 -
Division of Buildings.
I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order
to the contractor as set forth above.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated October 13, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 10,
to Tunney Electric, Inc., an increase in the amount of $4,644.51, as more fully described in the above communication, for
work relating to Job No. 0324, North Jefferson Library, Construction, Electrical Work, C #92010831. Funds for this project
are available in 38321 006 445100 - Division of Buildings.
PASSED
AYES — 9 NOES — 0
NO. 23
Change in Contract
North Jefferson Library
Construction
Job #0324
Masten District
I hereby submit to Your Honorable Body the following changes for the North Jefferson Library, Construction, HVAC Work,
W. C. Roberson Plumbing & Construction, C #92010865.
1. RFI #165 - Change boiler piping arrangement for from series to parallel. Add $ 8,195.00
The foregoing change results in a net increase in the contract of Eight Thousand One Hundred Ninety Five and 00/100
Dollars ($8,195.00).
Current Contract Amount $624,710.53
Amount of This Change Order ( #6) Add $ 8,195.00
Revised Contract Amount $632,905.53
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 October 5, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 6,
to W. C. Roberson Plumbing & Construction, an increase in the amount of $8,195.00, as more fully described in the above
communication, for work relating to Job No. 0324, North Jefferson Library, HVAC Work, C #92010865. Funds for this
project are available in 38321 006 445100 - Division of Buildings.
PASSED
AYES — 9 NOES — 0
NO. 24
Change in Contract
North Jefferson Library
Construction
Job #0324
Masten District
I hereby submit to Your Honorable Body the following changes for the North Jefferson Library,
Construction, General Construction, Patrick Development of Western New York, C #92010833.
1. RFI #171 - Apply anti - graffiti coating on all exterior masonry surfaces below top of the upper Canterbury band
including the entire chiller screen wall and cap. Add $7,940.00
The foregoing change results in a net increase in the contract of Seven Thousand Nine Hundred Forty and 00/100 Dollars
($7,940.00).
Current Contract Amount $3,084,834.86
Amount of This Change Order ( #11) ADD $ 7,940.00
Revised Contract Amount $3,092,774.86
Costs have been reviewed by the Consulting Architect (Robert Tranham Coles, Architect) and the Department of Public
Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 38321 006 445100 -
Division of Buildings.
I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order
to the contractor as set forth above.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated October 12, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 11,
to Patrick Development of Western New York, an increase in the amount of $7,940.00, as more fully described in the
above communication, for work relating to Job No. 0324, North Jefferson Library, Construction, General Construction,
PASSED
AYES — 9 NOES — 0
NO. 26
FUTURE CABLE - RELATED
COMMUNITY NEEDS
FOR THE
CITY OF BUFFALO, NY
AND
THE PAST PERFORMANCE OF
ADELPHIA COMMUNICATIONS, INC
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL
NO. 26
Increase in Contract (Contract No. 9201026)
Citywide Playground Improvements - Phase 1
(Masten, Delaware)
We are requesting permission of your Honorable Body to increase the above contract with Titan Development in the
amount of $24,741.00.
This change order was necessary to cover additions to the contract at two sites. We have replaced a fitness court in
Delaware Park that was removed due to its deterioration and we have paid for the remainder of the playground work at
Horace Johnson Park, the bulk of which was done by Ciminelli Construction as part of the Buffalo Schools reconstruction
project. The price for the work has been found to be fair and reasonable by our staff.
ADD
Delaware Park Fitness Court- $13,624.00
Horace Johnson Park- $11,117.00
Funds for this work are available in Bond Account 38400106.
SUMMARY
Contract Amount - $147,600.00
Change Order - $24,741.00
New Contract Amount - $172,341.00
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated October 12, 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
Titan Development, an increase in the amount of $24,741.00, as more fully described in the above communication, for
work relating to Citywide Playground Improvements - Phase 1, C #9201026. Funds for this project are available in Bond
Account 38400106.
PASSED
AYES — 9 NOES — 0
NO. 27
Increase in Contract (Contract No. 92011023)
Citywide Playground Improvements - Phase 2
(Ellicott, South, Fillmore)
We are requesting permission of your Honorable Body to increase the above contract with Gleason's Nursery in the
amount of $13,080.00.
This change order was necessary to cover additional work unforeseen at the time of the bid and to cover additions to the
contract at several sites. At Nowak Playground, hidden concrete footers needed to be removed and the equipment that
was to be installed on 10 Street playground was installed at a new park on 4 Street requiring additional excavation.
We also authorized the following work as an addition to the contract: Replacement of deteriorated football goals at Tifft
Farm, and the repair of vandalized play equipment at Hillery Playground. The price for the work has been found to be fair
and reasonable by our staff.
ADD
Nowak & 4 Street Playgrounds - $4550.00
Tiffi Farm - $4981.00
Hillery Playground - $3549.00
Funds for this work are available in Bond Account 38400106.
Contract Amount - $165,231.00.00
Change Order - $13,080.00
New Contract Amount - $178,311.00
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated October 12, 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
Gleason's Nursery, an increase in the amount of $13,080.00, as more fully described in the above communication, for
work relating to Citywide Playground Improvements - Phase 2, C #92011023. Funds for this project are available in Bond
Account 38400106.
PASSED
AYES — 9 NOES — 0
NO. 28
Increase in Contract (Contract No. 92011021)
Citywide Playground Improvements Phase 3
(Ellicott, Lovejoy)
We are requesting permission of your Honorable Body to increase the above contract with Village Green Landscaping in
the amount of $28,680.00.
This change order was necessary to cover additions to the contract at these sites. We have removed unsafe play
equipment at Willert and Stachowski Parks, Installed a Seaway Trail sign in Veterans Park, and replaced a vandalized
and unsafe play structure in Shiller Park.
The price for the work has been found to be fair and reasonable by our staff.
ADD
Removal of play equipment at Willert and Stachowski Parks - $2971 .00
Seaway Trail Sign and walkway - $3744.00
Shiller Park Play Equipment - $21,965.00
Funds for this work are available in Bond Account 38400106.
SUMMARY
Contract Amount - $1 10,684.81
Change Order - $28,680.00
New Contract Amount - $139,364.81
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated October 12, 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
Village Green Landscaping, an increase in the amount of $28,680.00, as more fully described in the above
communication, for work relating to Citywide Playground Improvements - Phase 3, C #92011021. Funds for this project
are available in Bond Account 38400106.
PASSED
AYES — 9 NOES — 0
NO. 29
Library Closings
Estimated Utility Costs
Per the request of Your Honorable Body, the Department provides the attached projections of utility costs for the libraries
that the Buffalo & Erie County Library System has identified for closure. Based on actual costs provided by the Buffalo &
Erie County Library and an estimated 10% increase in electric costs and a 40% increase in natural gas costs, the total for
utilities is projected to be approximately $102,000.00. Because library closings were not expected when this year's budget
was prepared, none of this expense is included in this year's budget.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 30
Certificate of Appointment
Appointment Effective: 10/3/05 in the Department of Public Works Division of Streets to the Position of Exterminator
PROVISIONAL PROMOTION MAXIMUM Starting Salary of: $29,604
David Petruzzi 89 Granview Ave. Buffalo, NY 1423
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 31
Certificate of Appointment
Appointment Effective: October 10, 2005 in the Department of Public Works, Parks & Streets Division of Water to the
Position of Water Meter Mechanic
Permanent Promotion at the Intermediate Starting Salary of $ 31,195.00
Eugene Kozlowski 150 Ideal Street Buffalo, New York
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF POLICE
NO. 32
[ "AMENDMENT TO ENFORCEMENT OF NOISE ORDINANCES -JULY 2005 "]
[ITEM #151, C.C.P. APRIL 13,2004:]
The following information is submitted per the Council's request for a monthly report from the Buffalo Police Department
documenting the number of noise ordinance citations and adjudication's:
September, 2004
Total: 33
September, 2005
Total: 82
RECEIVED AND FILED
NO. 33
[ "AMENDMENT TO ENFORCEMENT OF ILLEGAL DUMPING ORDINANCES
- JULY 2005 "]
[ITEM #151, C.C.P. APRIL 13,2004:]
The following information is submitted per the Council's request for a monthly report from the Buffalo Police Department
documenting the number of citations and adjudication's thereof of the city's illegal dumping ordinances:
September, 2004
Total: 1
September, 2005 Total: 3
RECEIVED AND FILED
NO. 34
DRUG ASSET FORFEITURE CHECKS RECEIVED
ITEM NO. 104, C.C.P. 2/2/88
8155 - 00123037
C2 -04 -0139
$1,768.69
8155 - 00123037
C2 -04 -0015
193.54
8155 - 00123037
C2 -05 -0011
4,500.49
8155 - 00123037
C2 -05 -0011
3,024.49
8150 - 00123037
C2 -05 -0033
5,122.90
8155 - 00123037
C2 -04 -0066
7,991.63
8155- 00123037
C2 -05 -0071
1,945.09
8155 - 00123037
C2 -04 -0066
163.03
8155 - 00123037
C2 -04 -0066
3,919.39
8155 - 00123037
C2 -05 -0076
4,787.29
TOTAL
$ 33,416.54
The Drug Enforcement Administration (DEA) has administratively forfeited the above referenced property. The checks
were received by this Department and duly deposited in the Trust & Agency Account, #20010000 - 389001. These funds
will be placed into one or more of the following accounts as deemed by the Commissioner of Police:
Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and
Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment
If you have any questions regarding the above mentioned, please contact Chief Richard Ortiz at 851 -5181.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 35
RETURN FROM LEAVE OF ABSENCE
Detective Lissa Redmond (ss# xxx -xx- 0889), assigned to SOS, has returned from her personal leave of absence without
pay effective September 30, 2005.
RECEIVED AND FILED
y :IQ VA& I.I=11115K6LVihVi11.1-11IQ0
NO. 36
ADDRESSING DEMOLITIONS IN THE CAPITAL BUDGET
RES #127 CCP OCTOBER 4, 2005
The Buffalo Fire Department is in full support of any initiative that would expedite the demolition of abandoned /neglected
buildings in the city of Buffalo. Many of these structures pose a safety and quality of life threat to to both city residents and
to the men and women of the Buffalo Fire Department who are called on to battle fires in these buildings hundreds of
times per year.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 37
BFD SCRAP VEHICLES
This Correspondence is a request to scrap several dilapidated vehicles that are currently in our inventory. Kindly be
advised that all these vehicles have served beyond their anticipated service life. Further, there is nothing of value other
than scrap metal from any of these vehicles.
Listed below you will find the number of each vehicle accompanied by the make and model.
• F123 -1982 Chevy Pick -up
• S101 F- 1991 Chevy
• F502 - 1992 Caprice
• F503- 1993 Caprice
• F -166- 1993 Buick
• F -147 - Air Bottle Truck
• W -120F - 1986 Chevy Pick -Up
• W -132F- 1988 GMC Pick -Up
The last two vehicles were received from the Water Department and were in extremely poor condition upon receipt.
The Buffalo Fire Department respectfully requests approval to scrap the aforementioned vehicles as soon as possible.
The Buffalo Fire Department is grateful for your continued support during the reorganization of the department.
Mr. Coppola moved:
That the above communication from the Commissioner of Fire dated October 12, 2005, be received and filed; and
That the Commissioner of Fire be, and he hereby is authorized to scrap the aforementioned vehicles.
PASSED
AYES - 9 NOES -0
NO. 38
FIRES IN VACANT PROPERTIES
In reference to the Common Council request for information regarding Fires in Vacant Properties:
According to the Buffalo Fire Department Investigation Unit arson log, the Buffalo Fire Department has responded to 151
incendiary fires at vacant buildings year to date 2005.
Most vacant building fire responses are for intentionally set fires that often times result in a request for an immediate
emergency demolition.
Damage estimates year -to -date total $3.2 million dollars.
Damage estimates range from $250 - $750,000.
Average dollar loss per incident is $22,000.
Several of these vacant building fires continue to remain under investigation by the Fire Investigation Unit. The Fire
Department must use discretion in the release of specific information that may compromise many of these ongoing
criminal investigations.
REFERRED TO THE COMMITTEE ON BUDGET
FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES
NO. 39
FOOD STORE LICENSE
436 EAST FERRY (MASTEN)
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 436 East Ferry 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 food store license application made by Alabeli Fawaz for the property located at 436 East Ferry is hereby
approved
PASSED
AYES - 9 NOES -0
NO. 40
FOOD STORE LICENSE
2090 ELMWOOD (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 2090 Elmwood 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 food store license application made by Aaron Sumida for the property located at 2090 Elmwood is hereby
approved
PASSED
AYES - 9 NOES -0
NO. 41
FOOD STORE LICENSE
900 MAIN OGLLIEOTT)
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 900 Main and find that as to form is correct. I have caused an investigation
into the premises for which said application for a food store license is being sought and according to the attached reports
from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies
with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem
appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 42
FOOD STORE LICENSE
367 SWAN (ELLICOTT)
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 357 Swan 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. 43
SIDEWALK CARE LICENSE
1736 HERTEL (DELAWARE)
The Common Council approved a sidewalk caf6 for the restaurant located at 1735 Hertel on June 12, 2001 (C.C.P. #
179). The restaurant, formerly known as Ivy's, is now owned by Joseph Mantione and called Fiamma Steakhouse Inc. Mr.
Mantione has requested permission to install a similar cafe The Department of Permit & Inspection Services has no
objection to you Honorable Body authorizing the Commissioner to issue a "mere license" to encroach City right of way
provided all conditions in the above mentioned approval are met.
Mr. Coppola moved:
That the above communication from the Department of Permit & Inspections Services dated October 5, 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 Joseph Mantione, applicant, located at 1735 Hertel Avenue, to install a sidewalk caf6 which was approved to
the previous owner as Item No. 179, C.C.P., 6/12/01, which would encroach city right -of -way at said address, subject to
the conditions.
PASSED
AYES - 9 NOES -0
NO. 44
USED CAR DEALER
60 SYCAMORE (EILICOTT)
Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Used Car Dealer License located at 50 Sycamore and find that as to form is correct. I have caused an
investigation into the premises for which said application for a used car dealer license is being sought and according to
the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all
regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of
Cornelius Delaney the attached thereto for Corneluius Delaney. d /b /a Delaney Auto Repairs. This request is submitted for
your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 45
USED CAR DEALER
168 WALDEN (FILLMORE)
Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Used Car Dealer License located at 168 Walden and fmd that as to form is correct. I have caused an
investigation into the premises for which said application for a used car dealer license is being sought and according to
the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all
regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of
Frank Trotta The attached thereto for Frank Trotta. d /b /a Y -T Auto Sales & Service. 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 October 13, 2005, be
received and filed; and
That pursuant to Chapter 254 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby
is authorized to grant a Used Car Dealer license to Frank Trotta d /b /a Y -T Auto Sales & Service, located at 168 Walden
Avenue.
PASSED
AYES - 9 NOES -0
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
NO. 46
CERTIFICATE OF APPOINTMENT
Appointment Effective 10 13/2005 in the Department of ADMINISTRATION & FINANCE, Division of BUDGET to the
Position of PRINCIPAL MANAGEMENT ANALYST, Permanent at the intermediate starting salary of $63,707
DONNA ESTRICH, 31 ASHLAND AVENUE, Buffalo, NY14222
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF COMMUNITY SERVICES
NO. 47
REQUEST PERMISSION TO ENTER INTO LEASE WITH 191 NORTH MEDICAL,
LLC AND THE CITY OF BUFFALO DIVISION OF SUBSTANCE ABUSE
TO RELOCATE ITS ADMINISTRATIVE OFFICES AND MEDICAL UNIT FROM
BUFFALO CITY HALL TO 191 NORTH STREET, BUFFALO, NY 14201
We are requesting permission to enter into a lease between the City of Buffalo Division of Substance Abuse Services
and 191 North Street Medical, LLC to relocate our Administrative Offices and Medical Unit to 191 North Street, Buffalo,
New York 14201 in Suites No. 108 - 110 -112
This new site will afford our clients increased confidentiality. It will also allow the Division to better promote drug testing
contracts with the private sector, thus enabling the opportunity to gain increased revenue.
Your consideration is greatly appreciated
Mr. Coppola moved:
That the above communication from the Commissioner of Community Services dated October 1 1, 2005, be received and
filed; and
That the Commissioner of Community Services be, and he hereby is authorized to enter into a lease between the City of
Buffalo Division of Substance Abuse Services and 191 North Street Medical, LLC to relocate their Administrative Offices
and Medical Unit to 191 North Street in Suites No. 108,110, and 112. The rent shall be paid each month ($2,803.00)
commencing on November 1, 2005 and ending on October 31, 2007. For the next three years of the lease at $3,190.00
per month. That the Corporation Counsel be authorized to prepare the necessary lease and that the Mayor be authorized
to execute the same.
PASSED
AYES - 9 NOES -0
NO. 48
YEAR 31 COMMUNITY DEVELOPMENT QUARTERLY — REPORTS (MAY THROUGH JULY 2005)
Attached please find Quarterly Reports for Year 31 Community Development Block Grant Funded Public Service
Agencies including four Fair Housing Contracts.
These Community Based Organizations provide various Public Service needs through the City of Buffalo. Services
include, but are not limited to Youth, Senior Citizen, Cultural Enrichment, Literacy and Special Needs (Physically or
Mentally Handicapped).
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
FROM THE BOARD OF EDUCATION
NO. 49
MANDATORY DISTRIBUTION OF SEX OFFENDER
INFORMATION TO ALL SCHOOLS"
ITEM NO: RES. #129 C.C.P. 10/4/05
The School District would like to thank the Common Council for their concern regarding mandatory distribution
of materials in reference to sex offenders.
This appears to be more of a law enforcement issue; however, the District is willing to review this item with the
proper authority. Please inform the District if a future meeting is going to be scheduled on this matter.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO.50
CREATION OF JSCB NEIGHBORHOOD
DEVELOPMENT COMMITTEE
Since its inception, the JSCB has had a goal of maximizing the economic benefit of this project in the
neighborhoods around the schools rehabilitated.
"Maximize the economic benefit from school construction and reconstruction to neighborhood
development and economic revitalization throughout the City:" (Section 6. 01(d) PPDS Agreement)
In order to fulfill this goal, I ask that the JSCB consider the creation era Committee charged with
"maximizing" the benefit to local neighborhoods around the schools rehabilitated. The goal of the committee
would be to coordinate stakeholders in government, non - profit and the local community to assess needs in the
communities in the immediate vicinity of schools and work collaboratively to satisfy these needs.
Some issues would be:
1. Demolition of vacant and dilapidated building in immediate vicinity of JSCB
schools
2. Creation of additional green space around schools
3. Identification of loan and grant funds for home improvement, facade improvement and in -fill construction
around JSCB Schools.
Some suggested members of this committee outside JSCB:
Timothy Wannamaker, Strategic Planning
Joe Giambra, Streets and Sanitation
Lou Petrucci, Director, Housing City of Buffalo
Designee from office of Code Enforcement
Steve Banko, Regional Director of HUD
Designee from BMHA
Designee from NFTA
Brian Smith, Director, Community Preservation Corporation
Mike Clarke, Local Initiative Support Corporation
Representatives from Neighborhood Housing Agencies of respective Phase I and II
projects
I ask that you place this item on the agenda for the next JSCB meeting. Thank
you.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION AND JOINT SCHOOL CONST. BOARD.
FROM THE BUFFALO SEWER AUTHORITY
NO. 51
R. FONTANA -B. MARTIN - CONCERNS -WATER & SEWER BILLS
ITEM #47, C.C.P. OCTOBER 4, 2005
In response to your request regarding sewer rent structure and rates, the sewer rent structure is comprised of
two (2) types of sewer rent, one based on assessed valuation of real estate and the other based on the usage
of water. All real property, both developed and undeveloped, must pay the sewer rent based on assessed
valuation. The principle behind this charge is that an indirect benefit accrues to all property throughout the City.
The services performed by the Sewer Authority, such as the building and maintaining of street receivers,
collecting and treating storm water from all City streets, and the elimination of pollution from the Niagara River
and surrounding waters are benefits that apply equally to all property owners. This sewer rent charge is on a
separate bill enclosed with the City property tax bill.
The second sewer rent, based on the usage of water, is for a direct service performed by the Authority in the
handling and treating of sanitary sewerage. This service is measured by water use. This sewer rent charge is
shown as a separate item on the water bill. The sewer charge based on water usage has a minimum charge of
$48.30 from 0 to 4,000 cubic feet. Thereafter the calculation includes the minimum charge of $48.30 and any
additional cubic feet of water used at $11.09 per cubic foot. Additionally, there is an $18.00 per quarter drainage
connection fee that was effective as of July 1, 2005. This brings the minimum charge to $66.30 per quarter.
The cost to operate and maintain a wastewater facility the size of the Buffalo Sewer Authority continues to grow.
Debt service costs have increased dramatically as a result of $45 million in capital improvements at the
treatment plant. Utility costs have doubled in the past few years. The utility budget for fiscal year 2005 -2006 is
at an all time high of $12.086 million. The utility budget estimates were prepared prior to the recent
catastrophes that will likely drive up utility costs even more. Chemical costs for the treatment plant have
increased almost $1 million over the previous fiscal year.
The sewer rents charged by the Authority, as compared, to other local municipalities continue to be less than
average. The annual minimum metered sewer cost is $265.20. While we can appreciate the concerns of the
ratepayers, escalating costs of operations are unavoidable, as are the increased rates that must be shared by
all ratepayers. However, the Authority will continue its mission to explore ways to cut costs and improve
efficiencies that will benefit both the ratepayer and the operation of the Authority.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE CITY CLERK
NO. 62
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
25 Letchworth St. Matt Wright Inc. M. Wright
RECEIVED AND FILED.
NO. 63
LEAVE 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 a listed:
Police- Sandra Brown, Marian Blady, Michelle Rowe, Valerie Demps
RECEIVED AND FILED.
NO. 64
REPORTS OF ATTENDANCE
I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities
reporting the membership attendance at their respective meetings:
Buffalo Sewer Authority- 10/12/05
RECEIVED AND FILED.
NO. 66
NOTICES OF APPOINTMENTS - SEASONAL /FLAT
I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various
departments.
RECEIVED AND FILED.
DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS
Appointments effective October 3, 2005 in the Department of Public Works, Parks and Streets, Division of Engineering, to
the position of Laborer II, Seasonal, at the starting salary of $8.15/hr.
Jeremy B. Oshirak 205 Potomac Avenue Buffalo, NY 14213
Don E. Williams 2219 Bailey Avenue Buffalo, NY 14214
NO. 66
APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT
I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or
Permanent)(as per contract requirements).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS
Appointment effective October 11, 2005 in the Department of Public Works, Parks and Streets, Division of Water, to the
position of Caulker, Permanent, Non - Competitive, at the minimum starting salary of $32,392.00.
Adam Anderson 267 Bedford Avenue Buffalo, NY 14213
Gregory Schultz 173 Easton Buffalo, NY 14215
Appointment effective October 3, 2005 in the Department of Public Works, Parks and Streets, Division of Water, to the
position of Laborer II, Temporary, Non - Competitive, at the minimum starting salary of $24,939.00.
John Marinaccio 420 West Delavan Buffalo, NY 14213
Appointment effective October 11, 2005 in the Department of Public Works, Parks and Streets, Division of Engineering, to
the position of Motor Equipment Mechanic, Provisional, Competitive, at the minimum starting salary of $28,999.00.
Michael Dubel 16 Lafayette Avenue Buffalo, NY 14213
Appointment effective October 6, 2005 in the Department of Public Works, Parks and Streets, Division of Streets, to the
position of Street Worker, Permanent, Non - Competitive, at the minimum starting salary of $26,779.00.
Pasquale Picogna 96 Amherst St. Buffalo, NY 14207
Appointments effective September 30, 2005 in the Department of Public Works, Parks and Streets, Division of Streets, to
the position of Truck Driver, Temporary, at the minimum starting salary of $27,646.00.
Mark McKinnon 1710 Clinton St. Buffalo, NY 14206
Mark Staniszewski 104 Hardong Rd. Buffalo, NY 14220
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
01[61til
REQUEST FOR PARTIAL REAL PROPERTY TAX EXEMPTION UPON TRANSFER OF PREMISES
PREMISES: MCCARLEY GARDENS APARTMENTS
172 GOODELL STREET, BUFFALO, NEW YORK
SBL: 11.23 -3 -7
This is to request approval for a new partial real property tax - exemption, pursuant to Article 11 of the
New York State Housing Finance Law, upon transfer of the above captioned property. The property is currently
paying partial real property tax exemption.
The property was purchased by the Oak -Elm Housing Development Fund Company, Inc., ("Oak -
Elm") from the Buffalo Urban Renewal Agency in the late 1970's for the purpose of providing low- income
affordable housing in the Fruit Belt. Since that time, the development has been a exemplary case of good
housing for low- income persons. It is especially important because of its very particular location at the foot of
the Kensington Expressway. It acts as positive and welcoming vista for persons entering the City of Buffalo from
that area. In addition, it is an important neighbor to such institutions as Buffalo General Hospital, Roswell Park
Cancer Institute, the Buffalo- Niagara Medical Campus and St. John Baptist Church. Over the past 27 years, this
project has invested more than $25 Million Dollars to this economy.
The property is in need of substantial rehab and repairs. The corporation is planning to invest over a
Million Dollars in the next year and over $4 Million in the next 20 years. In order to facilitate the much needed
rehab and to meet its ongoing financial responsibilities, Oak -Elm was selected to participate in the Mark -to-
Market Program created by the Multifamily Assisted Housing Reform and Affordability Act of 1997, as amended
( "MAHRA "). The Mark -To- Market Program would permit the restructuring of Oak -Elm's mortgage debt and
provide monies for the substantial renovations and repairs to the property. However, Oak -Elm is unable to close
on its Restructuring Commitment because it is not entitled to continued partial real property tax relief through
the 30 years of its restructuring term.
Therefore, in order to qualify for the Mark -To Market Program, the Board of Directors of the Oak -Elm,
with HUD's approval, proposes to transfer the real property known as McCarley Garden Apartments to Oak -
Michigan Housing Development Fund Company, Inc., for the purpose of it participating in the Mark -To- Market
Program. The transfer is contingent upon the Oak - Michigan participating, through closing, in the Mark -to- Market
Program for the restructuring of the mortgage debt of the Oak -Elm as outlined in a certain Restructuring
Commitment between the Oak -Elm Housing Development Fund Company, Inc., and the Secretary of Housing
and Urban Development through the Office of Affordable Housing Preservation. The Restructuring Agreement
provides that the parties (i) cause a prepayment of the existing FHA insured loan of the Project (the "Loan ") in
full; (ii) provide for the use of the monies held in the Project's reserve for replacements account, together with
other monies, to fund certain repairs and /or improvements to the Project or certain new reserves; and (iii)
impose certain affordability requirements with respect to the Project.
The Oak - Michigan Housing Development Fund Company, Inc. is willing to take all necessary and
required steps to qualify and participate in the Mark -to- Market Program. However, in order for Oak - Michigan to
participate, the property must continue to be eligible for partial exemption from real property taxation at its
current assessed value for 2005 -2006 of $3,040.000. The value (base amount) of the exemption is $1,189,394.
Therefore, we are respectfully requesting that the Council grant a new Thirty (30) Year exemption for
the real property for a period of 30 years at the current tax assessed value.
RECEIVED AND FILED.
NO. 58
NOTIFY RESIDENTS OF FREE DROP OFF AT EAST
SIDE TRANSFER STATION
Please file the attached item for the Common Council meeting to be held on October 18, 2005.
1 recently received the enclosed informational piece regarding collection and recycling in the mail. I would like to
have this piece amended to reflect an item that was passed by the Common Council on September 20, 2005,
regarding the East Side Transfer Station.
It states that city residents will not be charged for the first ton of waste per year that is brought to the station by
city residents. This is a very important amendment and I think it would be beneficial for residents to know about
it.
Please contact my office regarding this matter.
RECEIVED AND FILED.
NO. 59
INFO - PROPOSED CASINO FOR COB
Please file the attached document relating to the proposed casino for the City of Buffalo for the next Common Council
meeting scheduled for Tuesday, October 18, 2005.
The residents of Buffalo and Erie County have repeatedly opposed having a casino in our area, and both Mayor
Masiello and our County Executive Joel Giambra keep trying to convince us that a casino would be good for the
economy. Having been in well over three hundred casinos throughout North America and attending several
gaming conventions in Las Vegas for business purposes, I can attest, that overall, casinos do more harm than
good.
Studies by Ph. D Curtis L. Barrett titled "What Every Elected Official and Administrator Should Know About
Problem and Pathological Addiction," and another study by the St. Louis Federal Reserve, clearly point out the
dangers and pitfalls of allowing casino gambling. As many states and cities have discovered, the overall cost of
treating pathological gamblers alone has far exceeded the benefits of it.
While on the surface casino gambling seems to offer a financial boost in revenues and employment, studies
throughout the United States, Australia and Canada prove otherwise. In the report titled "Casino Gambling in
America" by the St. Louis Federal Reserve Bank for example, it states that while casino jobs do increase
employment, it decreases employment in other job sectors.
Another broad misconception is that casinos boost the economy. They don't! When the casinos opened in
Atlantic City in 1976, city casino revenues were supposed to rid the area of its slums. The slums are still there.
Detroit's three casinos were supposed to help businesses around them. They didn't. Businesses that opened
closed because gamblers stayed inside and went home afterwards.
Instead of a casino in Buffalo attracting more than a handful of tourist, it would only drain the wallets of local
residents. It's been a proven fact that the closer a casino is, the more often people go to them. Instead of
spending money on necessities such as food and clothing and paying bills, they gamble it away.
In cities with casinos, studies show that between 6- and 35- percent of gamblers become pathological gamblers
that nationwide cost taxpayers around $19 billion annually. While casino corporations reap the profits, taxpayers
end up paying $6,300 to $52,000 annually to treat or incarcerate each pathological gambler.
Three years after Atlantic City's casinos opened their crime rate climbed from the fiftieth worst crime city in the
nation to first. In Detroit bankruptcies increased 40 -fold. In Illinois divorces and separations increased 26-
percent after casinos opened.
Of the 53 million gamblers in the over 21- population, over one million are pathological gamblers. With around
900 casinos, nationwide, domestic violence and child abuse has increased. Kids are doing worse in school and
some are going without food and proper clothing. Studies also show that at least 1 in 10 pathological gamblers
steal money to feed their gambling habits, shop lift, sell drugs, or become involved in prostitution to feed their
addictions.
In Clark County, Nevada, which includes Las Vegas, over 4,997 suicide deaths were attributed to casino
gambling as well as 90 in Canada (1994 figures). Other casino areas have also had their fair share of related
suicides including Atlantic City where people have jumped off casino roofs, and parking garages. Locally,
gamblers are losing their homes by using them as collateral for casino lines of credits, their life savings, and
families.
Nationwide, bankruptcies are at all time highs because of gambling debts of $18,000 to $50,000 and use of
ATM's. People with the lowest incomes spend the greatest percentage of their income on gambling hoping to
win. In Illinois, 7- percent with incomes under $10,000 lose $1,900 annually gambling. Static's also show that for
every dollar a state receives in gambling revenue, the state ends up spending three dollars in increased criminal
justice, social welfare and other expenses.
Some cities have also discovered that the cost of providing police, fire, and emergency services to casinos has
greatly exceeded the amount of revenue received for it. Employee theft and no shows as well embezzlement of
company funds puts financial burdens on businesses, and in some cases forces them to close causing other
workers to lose their jobs.
While casino owners become billionaires, their businesses place financial burdens not only on the people that
chose to gamble, but on non - gamblers as well. Addicted gamblers increase health insurance premiums, credit
card fees, cost of goods and services due to fraud, theft, counterfeiting, and bankruptcies.
The Buffalo Niagara Region has enough gaming establishments; we don't need another one to add to our
financial crises. Moreover, businesses that are harmful to constituents and its economy don't deserve to be
subsidized with tax dollars or assets that rightfully belong to taxpayers.
Frank Balcerzak 81 Linger Avenue Buffalo, NY 14210
(716) 828 -0846
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
NO. 60
MEMO - LIBRARY CLOSINGS
Please file the attached documents for the upcoming Common Council Session to be held on October 18, 2005.
Thank you in advance for your assistance in this matter.
Please be advised that I met with Mr. Mahaney today to discuss the follow -up information from the Special
Finance Meeting on October 6, 2005, regarding library closings.
In a desperate attempt to keep libraries open, we discussed the feasibility of keeping all of the branches open
on rotating schedules with minimal hours until the Council could look at its Capital Budget for 2006 -2007 as a
possible source of funding.
Unfortunately, this potential proposal will not be realized as Fairfield and Mead libraries closed their doors on
October 14, 2005. Unless a major financial entity steps in today, I regret to state that the County will move
forward with the scheduled library closings: Cazenovia, Kensington and Northwest on 11/18/05; North
Jefferson, Fronczak, and Martin Luther King on 12/16/05.
The new dilemma we face as a Council is to come up with a re -use plan for all the libraries slated to close.
Hopefully, the re -use plans can include keeping all of the libraries functional. Attached, please find Mr.
Mahaney's letter to the Councilmembers, as well as a list of library branches per district.
Please review this information as time is of the essence so I can schedule another meeting regarding reuse of
these buildings. Many of the County employees currently scheduled to move books, equipment and furniture
are on the County's layoff list; therefore, unless the Council comes up with a re -use plan as soon as possible,
the Library Board will be forced to begin liquidation procedures.
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 61
STREET LIGHT PROBLEMS ON ALLEN STREET
Please file the attached documents for the upcoming Common Council Session to be held on October 18, 2005.
Thank you in advance for your assistance in this matter.
For over forty years the Allentown Association has served as a tireless advocate for the Allentown Historic
Preservation District. Part of the Allentown Association's mission is to promote safety and beautification within
Allentown, which is why I write you on behalf of the Association today regarding three important issues relating
to street lamps along Allen Street.
First, fourteen street lights do not have functioning bulbs. At night, many parts of Allen Street are very dark due
to the fact that the street lamps do not work. This is very dangerous for pedestrians, bicyclists, and even drivers
within the District. Due to high residential and commercial density in this area, this is an issue that affects many
of your constituents. This problem has been reported to Niagara Mohawk (Work Order #416169 and #416185),
however we appreciate your support in making sure that this problem is resolved immediately.
Secondly, all of the street lights along Allen Street are in need of repainting. It is our understanding that the city
of Buffalo owns the majority of city street lamps, and we are requesting that the city repaint all of the street
lights along Allen Street, including the lamps at the intersection of Allen Street and Main Street.
And third and very importantly, six street lights along Allen Street do not have functioning electrical sockets at
the top of the light pole. We are requesting that this problem be fixed so that the Allentown Association can
string holiday lights along Allen Street during the December holiday season. This problem has also been
reported to Niagara Mohawk (Work Order #369573), however we were informed by Tim Spelmen of Niagara
Mohawk that we would have to go through our Council Member to get this problem resolved. It is important that
this issue is corrected immediately as the holiday season is upon us.
Thank you again for your continued support of Allentown. Please do not hesitate to contact myself at 881 -1024
or Board President Gretchan Grebe at 270 -8258 with questions concerning this request, and we look forward to
hearing from you soon.
REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS, PARKS &
STREETS.
NO. 62
RECORD OF DECISION AMENDMENT 858 EAST FERRY STREET SITE, SITE NO. 9- 15 -1 —,D
OCTOBER 2005
The New York State Department of Environmental Conservation (DEC), in cooperation with the New York State
Department of Health (DOH), is pleased to inform you that the Record of Decision Amendment (RODA) has
been signed by the DEC for the 858 East Ferry Street Site (the 'site'). The selected remedy for the site
presented in the RODA is the same remedy that was presented during the public meeting held on June 29,
2005.
Questions and comments received during the meeting and the month -long public review period are addressed
in a Responsiveness Summary, which is included in the RODA document. Copies of the RODA are available for
review at the locations listed at the end of this fact sheet.
The following are cleanup steps to be taken:
1. All soils found on the site (858 East Ferry Street property) with concentrations of lead greater than 400
parts per million (ppm) will be excavated.
2. All soils found on the remaining off -site properties with concentrations of lead greater than 1000 ppm will
be excavated, as shown in the map below.
3. Hazardous soils excavated from the site and from off -site properties will be stabilized or treated at the site
before being transported to an approved landfill for proper disposal.
4. All the excavated areas will be backfilled with clean fill.
5. A long -term groundwater monitoring program will be implemented to monitor the groundwater quality.
THE NEXT STEP
Cleanup plans will be designed and constructed with available funds from the State Superfund program. The
design will involve drafting plans and procedures for various construction activities such as site preparation,
excavation, heath & safety, soil disposal and site restoration. The design will take approximately four to five
months to prepare and is expected to be completed by January 2006.
Construction activities are expected to begin April -May 2006 and will be completed in approximately eight
months,
BACKGROUND INFORMATION
The site is located in a mixed commercial, residential, and industrial area. The past disposal of hazardous
waste at the site has contaminated soil at the site and adjacent properties. The major contaminant found at the
site is lead.
The NYSDEC issued a Record of Decision (ROD) in March 1999 which selected a remedy consisting of the
excavation and removal of the contaminated soil from the Site to an approved landfill.
In 2001 and in 2004, additional investigations were carded out to determine the full extent of contamination in
the off -site properties. The investigations involved installing soil borings and monitoring wells to obtain soil and
groundwater samples for chemical testing.
These additional investigations found that soil contamination extended over a larger area of the off -site
properties. The volume of contaminated soil significantly changed from the initial estimate of the earlier ROD,
increasing from 3,575 cubic yards at the site to a total of 87,200 cubic yards for both on -site and off -site
properties.
A Focused Feasibility Study (FFS) was developed to describe the results of the investigations and to assess
methods for cleanup Ofthe contaminated areas. The FFS evaluated six remedial alternatives including several
excavation options.
The change in volume of contaminated soil, the addition of on -site treatment prior to off -site disposal and a
remediation goal of unrestricted future use for the site represented fundamental changes in the original remedy,
requiring the NYSDEC to amend the 1999 ROD.
ALL DOCUMENTS ARE AVAILABLE FOR REVIEW
Various reports and documents about this site are available for review at the following locations:
NYS Department of Environmental Conservation Region 9 Office
270 Michigan Avenue Buffalo, New York (716) 851 -7220 (by appointment only)
The Record of Decision Amendment can be viewed at DEC's website using the following link: http: / /www.dec,
state.ny.us /website /der /proj ects/reg9/91 51 75.pdf
RECEIVED AND FILED.
NO. 63
LETTER OF REQUEST FOR BOND RESOLUTION FOR $2 MILLION
IN INTERFUND LOANS FOR PRIVATE DEMOLITIONS
Please file the attached documents for the next Common Council Meeting for October 18, 2005.
1 would like to respectfully request your assistance in submitting a bond resolution to the Common Council for
the demolition of private properties. With an outstanding number of vacant, dilapidated properties, the bond
resolution would make an interfund loan available for the demolition of private residential properties within the
City of Buffalo. Please send Mr. Timothy Wanamaker, Executive Director for the Office of Strategic Planning,
the SEQR environmental reports, a list of perspective demolition properties, and any other applicable
information.
In order to alleviate the growing number of vacant properties within the City of Buffalo, alternative approaches,
such as this must be considered. In closing, please request an interfund loan in the amount of $2 million.
If my office can be of any further assistance, please call (716) 851 -5145.
REFERRED TO THE SPECIAL COMMITTEE ON BUDGET.
NO. 64
CAPITAL BUDGET AMENDMENT - $4,000,000 - DEMOLITION
OF PRIVATELY OWNED BUILDINGS CCP #154 -65 DATED JULY 26, 2005
Please file the attached letter for our next Council Meeting.
I trust that you are aware that the Common Council at its meeting of July 26, 2005 as cited above, approved an
amendment to the Capital Improvement Plan (CIP) Budget, that enabled the City to amend its capital program
by $4,000,000.00 to finance the demolition of privately owned structures.
The CIP amendment was made possible by the actions of the New York State Legislature to amend the Local
Finance Law, to allow localities, for the first time, to demolish privately owned buildings that pose a significant
threat to Public Safety.
I am concerned why the Office of Strategic Planning, in concert with the Housing Demolitions, has not yet
requested the Comptroller to draft the appropriate Bond Resolution for submission to the Common Council, as
the next step in the process.
It now appears that the City will not have access to these demolition funds until about mid to late December
2005. With the turn - around time for your request, bond resolution drafting, Common Council and BFSA
approval, and the required fifty (50) day estoppel period, the City is about seventy -five to ninety (75 -90) days
away from initiating financing (Bond Sale vs. Bond Anticipation Note) and /or initiating a interim interfund cash
loan. These steps are prerequisite to building demolition.
This is troubling since each day of inaction is another day that the City taxpayers have to contend with the
intolerable conditions of buildings that need to be demolished, another day that stretches vital City services
such as Police and Fire protection, another day for a potential tragedy to occur with children exploring or playing
in such structures and /or another day of potentially illicit activities occurring therein.
REFERRED TO THE SPECIAL COMMITTEE ON BUDGET.
Regular Committees
CIVIL SERVICE
(Bonnie E. Russell, Chairperson)
No. 65
Appointment
Pumping Plant Supt. (Max) (PW) (Item No. 22 -Oct. 4, 2005)
That Communication 22, October 4, 2005 be received and filed and the provisional appointment of Michael Wolasz, Sr.
stated above at the maximum starting salary of $62,5 ! 0 effective on Sept. 26, 2005 is hereby approved.
PASSED
AYES — 9 NOES — 0
NO. 66
Appt. -Fire, Captain (Perm) (Fire) ( #25, 10/4)
That the above item be and the same hereby is received and filed.
NO. 67
Appts.- Lieutenant (Perrn) (Fire)
( #26 10/4)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 68
NoticesofAppt.- Temp. /Prov. /Perm.(C. Clk.)
(#42,10/4)
That the above item be and the same here by is received and filed.
ADOPTED.
NO. 69
Notices of Appt.- Temp. /Prov. /Perm. (C. Clk.)
( #39, 9/20)
That the above item be and the same hereby is received and filed.
ADOPTED
FINANCE
(Brian C. Davis, Chairman)
NO. 70
B. Davis -R. Serra -Pro Park - Concerns - BCAR -Oper. Of City's Garages /Ramps
( #138, 9/6
That the above item be and the same hereby is received and filed.
RECEIVED AND FILED
NO. 71
Granting a Three Month Extension to Churches, Non - Profit Organizations,
and owner occupied Senior Citizens with Property on the Foreclosure List
That the above item be and the same hereby is referred to the Committee on Legislation
ADOPTED
AYES - BONIFACIO, CONRAD, COPPOLA, DAVIS, FONTANA, FRANCZYK, RUSSELL, THOMPSON — 8
NOES -1
NO. 72
Local Law Enforcement Block Grants - Balance of Funding (Pol)
( #36, 5/31)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 73
Accept Grants Awarded and Appropriate Interfund Cash Loans
(Item No. 23, C.C.P., Oct. 4, 2005)
That the Mayor be, and he hereby is authorized 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. That
the Mayor enter into a renewal agreement between the City and the Department of Criminal Justice Services under the
State's Motor Vehicle Theft and Insurance Fraud Prevention Program for the period January 1, 2006 through December
31, 2006. That the Comptroller provides an interfund cash loan for all non - personnel expenditures, 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. That the Mayor enter into a renewal grant awarded to the County of Erie under New
York State Department of Health's Youth Tobacco Enforcement and Prevention Grant which will run through September
30, 2006. That the 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 through the Weapons
and Mass Destruction Buffer Zone Protection Initiative Plan for the period through March 31, 2006. That the Comptroller
provides an interfund cash loan for all non - personnel expenditures, 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. That the
Mayor through the Police Department is entitled to receive 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. That the Police Department is authorized to accept funds from the County of Eire (District Attorney's Office) for
Operation Impact II, which will run through June 30, 2006. That the Comptroller provide an interfund cash loan for all non -
personnel expenditures, should the need arise. The loan would then be repaid as the reimbursements are sent to the
County from the State and then directly to the City under this special initiative.
PASSED
AYES — 9 NOES — 0
LEGISLATION
(Richard A. Fontana, Chairman)
NO. 74
D. Barbara, Petition to Use 718 Elmwood - Outdoor Patio
(Item No. 53, C.C.P., Oct. 4, 2005)
That the petition of D. Barbara, owner, for permission to use 718 Elmwood Avenue for an outdoor patio be, and hereby is
approved.
Passed.
AYES — 9 NOES — 0
NO. 75
Local Law Intro. No. 9 (2005) Department of Community Services (Division of Youth)
(Item No. 119, C.C.P., Oct. 4, 2005)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Fontana moved:
That the Local Law Intro. No. 9 (2005) as contained in Item No. 119, C.C.P., October 4, 2005, be and the same hereby is
approved.
PASSED
AYES — 9 NOES — 0
NO. 76
Ordinance Amend - Chapter 137 -Code Enf. (# 130 174
( #90 10/4)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 77
Appt.- Member -BMHA (Mayor) ( #1, 10/4)
Mr. Fontana moved
That Item #1 from CCP October 4, 2005 with respect to appointment to the BMHA Board is hereby approved.
PASSED
AYES — 9 NOES — 0
NO. 78
Police Adjudication Summonses (Law)
( #28 10/4)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 79
Food Store License - 591 Fargo (Item No. 30, C.C.P., Oct. 4, 2005)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Fontana moved:
That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby
is authorized to grant a Food Store License to Lane Thongchanh, located at 591 Fargo Street.
PASSED
AYES — 9 NOES — 0
NO. 80
Restaurant Dancing License - 20 Allen Street
(Item No. 32, C.C.P., Oct. 4, 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 recommitted to the Committee on Legislation
NO. 81
S. Chapman -US Bankruptcy Ct.- Adelphia Comm. Corp. -Adj. To 12/14/05
(#43 10/4)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 82
D. Poole, Petition to Use 166 Franklin - Outdoor Patio
(Item No. 159, C.C.P., Sept. 6, 2005)
That the petition of D. Poole, for permission to use 166 Franklin Street for an outdoor patio be, and hereby is approved.
PASSED
AYES — 9 NOES — 0
NO. 83
Apprenticeship Training Program (Exc. Fin. Res.)
( #138 6/28)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 84
Req. for Playground Equip. - Children's Place of Bflo. & Erie Co. (Ellicott) (PW)
(#40, 7/26
That the above item be and the same hereby is received and filed.
ADOPTED.
COMMUNITY DEVELOPMENT
JOSEPH GOLOMBEK JR, CHAIRMAN
NO. 86
J. Rose - Anti - Casino Documents (#48,10/4)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 86
Casino in Buffalo
(Item No. 173, C.C.P., Sept. 6, 2006)
That Governor Pataki, Assembly Speaker Sheldon Silver, and Senate Majority Leader George Bruno demonstrate their
willingness to protect the interests of all involved in this matter by demonstrating their resolve in a swift and decisive
matter, thereby sending a message to all communities throughout New York State that their interests are being served in
an adequate and exemplary manner; and
That we can ill afford to make a decision that is not the very best based on all of the knowledge, education and business
and governmental acumen that we have within the great State of New York. The Iroquois Confederation when making an
important decision looks to its impact on seven succeeding generations; we should do no less; and
That the City Clerk sends certified copies of this resolution to Governor George Pataki, Assembly Speaker Sheldon Silver,
and Senate Majority Leader George Bruno, to the members of the Western New York delegation of the New York State
Senate and Assembly, to Erie County Executive Joel Giambra, to Mayor Anthony M. Masiello, and to Corporation Counsel
Michael Risman, for their comment.
ADOPTED
NO. 87
BMHA Board Members -Fees and Expenses ( #14,6/17) (Compt)
(# 174 9/20)\
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 88
Results Neg. -299 Sycamore ( #19,9 /6)(EII)(Strat, Plan.)
( #163 9/20)
That the above item be and the same hereby is referred to the Committee on Finance.
ADOPTED
RESOLUTIONS
NO. 89
By: Mr. Bonifacio
Re: Ordinance Amendment
Chapter 462, [Tobacco] Alcohol Advertising
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 452 of the Code of the City of Buffalo be amended to read as follows:
§462 -1 Declaration of legislative findings and intent.
A. The Common Council of the City of Buffalo hereby finds that certain [tobacco] alcohol product manufacturers have
admitted engaging in strategies designed to advertise and promote products to minors and that such strategies undermine
state law prohibiting the sale or distribution of [tobacco] alcohol products to minors. The Council further finds that
exposure of minors to such [tobacco] alcohol product advertising and promotion may be constitutionally restricted through
the enactment of reasonable targeted limitations on the advertising and promotion of such products near schools and
other like locations regularly frequented by children so as to strengthen compliance with and enforcement of laws
prohibiting the sale or distribution of [tobacco] alcohol products to children and protect children against such illegal sales.
B. The Council is cognizant of the necessity of acting within the protections afforded by the First Amendment to the
United States Constitution and has, therefore, narrowly tailored the scope and effect of this legislation to impose
reasonable time, place and manner restrictions on [tobacco]alcohol advertising aimed at or regularly seen by youth while
not directly affecting advertising at adults.
C. It is well settled law that the First Amendment protects commercial speech but to a lesser degree than the protection
afforded other, "fully protected speech." In analyzing the constitutionality of commercial speech regulation, the United
States Supreme Court prescribed a four -prong test in Central Hudson Gas & Electric Corporation v. Public Service
Commission of New York, 447 U.S. 557 (1980). The Central Hudson test includes the following four prongs:
(1) Whether the commercial speech at issue concerns a lawful activity and is not misleading;
(2) Whether the asserted governmental interest in restricting the commercial speech is substantial;
(3) The restriction must directly advance the governmental interest asserted; and
(4) That the restrictions are not more extensive than are necessary to serve that governmental interest.
D. The restrictions on commercial speech contained in this Council legislation are permissible under the Central Hudson
four -prong test. The commercial speech at issue concerns a lawful activity and is not misleading; at least as it applies to
consenting adults. The governmental interest in restricting the commercial speech at issue is one grounded in the
preexisting prohibition on the sale and distribution of [tobacco] alcohol products to minors and directly related to
countering the adverse impact of an industry strategy admittedly directed at younger prospective [smokers] drinkers. By
restricting modes of advertisement and locations for advertisements that are more likely to be addressed to and seen by
minors, this Council legislation directly advances the governmental interest in enforcing the ban on the sale and
distribution of [tobacco] alcohol products to minors. Finally, as the restrictions in this Council legislation focus on modes
and locations of communication that are more likely than not to have a direct impact upon minors, namely sites within
1,000 feet of a school, child day -care center, children's institution, youth center, playground or amusement arcade, the
restrictions contained in this Council legislation are not more extensive than are necessary to serve the governmental
interests asserted herein. Other forms of advertising, including newspapers, magazines, audio and video media, that are
less likely to have a direct impact on minors are not affected by this Council legislation.
E. Finally, this legislation is the most recent step along a continuum of protections of young children and enforcement of
state laws prohibiting tobacco sales to minors enacted in Erie County. Concerned about the illegal purchase of
cigarettes by minors from vending machines, the County Legislature prohibited the use of vending machines for the
sale of cigarettes in locations frequented by children. In 1991, the County Legislature prohibited the distribution of
free tobacco samples. Among the provisions of the 1996 Erie County Clean Air Act, the Legislature prohibited
smoking in locations frequented by minors, including restaurants, bowling centers and bingo halls.]
§ 452 -2. Short title.
This chapter shall be known and may be cited as the "Youth Protection Against [Tobacco] Alcohol Advertising and
Promotion Act."
§ 452 -3. Definitions.
For the purpose of this chapter, the following terms shall be defined as follows:
ALCOHOL OR ALCOHOL BEVERAGE - pursuant to New York State Alcoholic
Beverage Control Law, alcohol is defined as ethyl alcohol, hydrated oxide of ethyl or spirit of wine from whatever source
or by whatever processes produced. An alcoholic beverage includes alcohol, spirits, liquor, wine, beer, cider and every
liquid or solid, patented or not, containing alcohol, spirits, wine or beer, and capable of being consumed by a human
being, and any warehouse receipt, certificate, contract or other document pertaining thereto; except that confectionery
containing alcohol as provided by the New York State Agriculture and Markets Law Section 200(12), shall not be regarded
as an alcoholic beverage within the meaning of this section.
AMUSEMENT ARCADE -- A building or place which provides entertainment by means of coin - controlled amusement
devices and which contains four or more such devices.
CHILD DAY
CARE
CENTER
A. A "child day -care center" is:
(1) Any public, private or parochial child -care center, school -age child -care program, day nursery school, kindergarten,
play school or other similar school or service;
(2) Any child -care arrangement licensed by the state;
(3) Any facility that provides child -care services as defined in § 410 -p of the New York State Social Services Law; and
(4) Any child -care center as defined in § 319 of the New York State Social Services Law.
B. The definition of "child day -care center" applies whether or not care is given for compensation but does not include
child day care centers located in private residences and multiple - dwelling units.
CHILDREN'S INSTITUTION:
A. A "children's institution is:
(i) Any public, private or parochial congregate institution, group residence, group home or other place where, for
compensation or otherwise, seven or more children under 21 years of age are received for day and night care apart from
their parents or guardians;
(2) Youth centers or facilities for detention as defined in §§ 527 -a and 502 of the New York State Executive Law;
(3) Group homes for children as defined in § 371 of the New York State Social Services Law;
(4) Public institutions for children as defined in § 371 of the New York State Social Services Law; and
(5) Residential treatment facilities for children and youth as defined in § 1.03 of the New York State Mental Hygiene
Law.
B. The term "children's institution" does not include children's institutions located in private residences and multiple -
dwellings units.
[CIGARETTE -- Any product which is intended to be burned under normal conditions of use and consists of:
A. Any roll of tobacco wrapped in paper or in any substance not containing tobacco; or
B. Any roll of tobacco wrapped in paper containing tobacco which, because of its appearance, the type of tobacco used in
the filler or its packaging and labeling is likely to be offered to, or purchased by, consumers as a cigarette described in
Subsection A of this definition.
CIGARETTE TOBACCO -- Any product that consists of loose tobacco and is intended for use by consumers in a
cigarette.]
MULTIPLE - DWELLING UNIT -- Any unit of residential accommodation in a multiple dwelling containing the residence or
home of three or more families living independent of each other.
PERSON -- Any natural person, partnership, corporation, government agency, agency or other legal entity.
PLAYGROUND -- An outdoor area open to the public where children play, which contains play equipment such as a
sliding board, swing, jungle gym, sandbox or seesaw, or which is designated as a public play area, or which includes, but
is not limited to, a baseball diamond or basketball courts.
PRIVATE RESIDENCE -- Any building or structure designed and occupied for residential purposes by not more than two
families, including the grounds of such building or structure.
PUBLICLY VISIBLE LOCATION:
(1) Outdoor location visible to the public including, but not limited to outdoor billboards, roofs and sides of buildings,
water towers and freestanding signboards; and
(2) Doors or windows reasonably visible to the public from the outside at a distance of two feet from such doors or
window.
B. The term "publicly visible location" shall not include:
(1) Any location intended to be visible only by those inside a premises;
(2) A private residence; and
(3) Any doors of multiple - dwelling units.
SCHOOL PREMISES -- The buildings, ground or facilities, or any portion thereof, owned, occupied by or under the
custody or control of public, private or parochial institutions for the primary purpose of providing educational instruction to
students at or below the twelfth grade level.
[SMOKELESS TOBACCO -- Any product that consists of cut, ground, powdered or leaf tobacco that is intended to be
placed in the oral cavity.
TOBACCO ADVERTISEMENT -- Any words, pictures, posters, placards, signs, photographs, symbols, devices, graphic
displays or visual images of any kind, or any combination thereof, the purpose or effect of which is to promote the use or
sale of a tobacco product, including through the identification of a brand of a tobacco product, a trademark of a tobacco
product or a trade name associated exclusively with a tobacco product.
TOBACCO PRODUCT -- Cigarettes, smokeless tobacco and cigarette tobacco.]
[TOBACCO] ALCOHOL PRODUCT PROMOTION:
A. The marketing, licensing, sale or distribution of items or services, or causing items or services to be marketed,
licensed, sold or distributed, whether indoors or outdoors, which are not [tobacco] alcohol products but which bear the
brand name, along or in conjunction with any word, logo, symbol, motto, selling, message, recognizable color or pattern or
colors, or any other indicia of product identification identical or similar to, or identifiable with, those used for any brand of
[tobacco] alcohol product; or
B. Offering or causing to be offered any gift or item other than a [tobacco] alcohol product to any person purchasing a
[tobacco] alcohol product in consideration of the purchase thereof, or to any person in consideration of furnishing
evidence, such as credits, proofs -of- purchase or coupons.
YOUTH CENTER -- Any designated indoor public, private or parochial facility, other than a private residence or a multiple -
dwelling unit, which contains programs which provide, on a regular basis, activities or services for persons who have not
yet reached the age of 18 years, including but not limited to community -based programs, after school programs, weekend
programs, violence prevention programs, leadership development programs, individual or group counseling, case
management, remedial, tutorial or other education assistance or enrichment, music, art, dance and other recreational or
cultural activities, physical fitness activities and sports programs;
§ 462 -4. [Tobacco] Alcohol advertisement restriction.
A. It shall be unlawful for any person to place, cause to be placed or to maintain a [tobacco] alcohol advertisement in
any publicly visible location on or within 1,000 feet of the perimeter of any school premises, playground or playground
area in a public park.
B. It shall be unlawful for any person to place, cause to be placed or to maintain a ]tobacco] alcohol advertisement in
any publicly visible location on or within
1,000 feet of the perimeter of any child day -care center, children's institution, youth
center or amusement arcade.
§ 462 -6. Noncompliant advertisement to be removed.
The owner, operator or lessee of any location or premises where a [tobacco] alcohol advertisement is prohibited or
restricted pursuant to the requirements of this chapter shall have 30 days from the effective date of the ordinance that
added this chapter to remove any noncompliant [tobacco] alcohol advertisements.
§ 462 -6. [Tobacco] Alcohol product promotion restriction.
It shall be unlawful for any person to conduct a [tobacco] alcohol product promotion as defined in § 452 -3 of this chapter
on or within 1,000 feet of the perimeter of any school premises, playground, child day -care center, children's institution,
youth center or amusement day -care center or amusement arcade; any manufacturer and distributor of imported tobacco
products to conduct a [tobacco] alcohol product promotion as defined in this chapter at any location within the city; and
any person to conduct a [tobacco] alcohol product promotion as defined in this chapter at any location within the city;
provided, however, that this section shall not prohibit the distribution of coupons for [tobacco] alcohol products in
conformance with Section 897.32 of Title 21 of the Code of Federal Regulations indoors, affixed to packaging of products
sold to adults; or indoors or outdoors, in publications, including but not limited to newspapers, magazines or periodicals or
other publications.
§ 462 -7. Enforcement.
The City of Buffalo Bureau of Administrative Adjudication shall enforce the provisions of this chapter. Appeals of the
determination of the Bureau of Administrative Adjudication shall be brought before the administrative appeals panel within
the Bureau. The determination of such administrative appeals panel shall be the final determination of the Bureau for the
purposes of review pursuant to Article 78 of the Civil Practice Law and Rules.
§ 462 -8. Violations and penalties; civil penalties; orders.
A. Any person found to be in violation of this chapter shall be liable for a civil penalty of not more than $300 for the first
violation; not more than $500 for the
second violation within a two -year period; and not more than $1,000 for the third and each subsequent violation within a
two -year period.
B. A proceeding to recover any civil penalty authorized pursuant to Subsection A of this section shall be commenced by
the service of a notice of violation, which shall be returnable to the Bureau of Administrative Adjudication. The Bureau of
Administrative Adjudication shall have the power to impose the civil penalties prescribed by Subsection A of this section.
C. Whenever any person has engaged in any acts or practices which constitute a violation of any provision of this
chapter or any rule promulgated thereunder, the city may make application to a court of competent jurisdiction for an order
enjoining such acts or practices and for an order granting a temporary or permanent injunction, restraining order or other
order enjoining such acts or practices.
§ 462 -9. Construction.
Nothing in this chapter shall be construed to permit the placement of [tobacco] alcohol advertisements as defined by this
chapter where such advertisements are prohibited by any other law or rule.
§ 452 -10. Severability.
If any clause, sentence, paragraph, section or part of the chapter added by this ordinance shall be adjudged by any court
of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall
be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
§ 452 -11. When effective.
This chapter shall be effective on the first day of the first month, which occurs [90] 30 days after its adoption.
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 in brackets to be deleted. Matter underlined is new.
PASSED
AYES — 8 NOES — 1
AYES — BONIFACIO, CONRAD, COPPOLA, DAVIS, FONTANA, FRANCZYK, GOLOMBEK, RUSSELL
NOES — THOMPSON
NO. 90
Resolution
By: Mr. Bonifacio
Re: Permit Epilepsy Association of WNY to Hang Banner on Elmwood Avenue
Whereas: The Epilepsy Association of WNY has been serving the needs of people with epilepsy and seizure disorders on
Elmwood Avenue for over 50 years; and
Whereas: November is National Epilepsy Awareness Month and the Epilepsy Association of WNY would like to promote
their services and continue to raise awareness to the WNY community by hanging a banner at 339 Elmwood Avenue; and
Whereas: This banner will hang from November 1, 2005 until November 30, 2005; and
Whereas: The City of Buffalo proudly supports the Epilepsy Association of WNY and their efforts to raise awareness and
promote their services to the WNY community; and
Now, Therefore Be It Resolved:
That the City of Buffalo hereby permits the Epilepsy Association of WNY to hang a banner at 339 Elmwood Avenue from
November 1, 2005 to November 30, 2005 to raise awareness and promote their services in accordance with all
conditions, restrictions, and requirements as set forth by the City of Buffalo and the Department of Public Works, Parks
and Streets.
PASSED
AYES — 9 NOES — 0
NO. 91
By: Mr. Bonifacio, Mrs. Russell
Request that laid off BMHA Police Officers be given a Promotional
Exam for a Position as a Buffalo Police Officer
Whereas: The Buffalo Municipal Housing Authority has recently laid off all of its police officers due to massive budget cuts
in their department which has now left these police officers without employment; and
Whereas: The BMHA officers are fully trained police officers who have already completed basic police training at the Erie
County Central Police Services Training Academy and have full police status as recognized by the State of New York's
Department of Criminal Justice; and
Whereas: This certification is valid for four years from the time of lay -off; and
Whereas: The officers of the BMHA police department already have years of experience working as police officers in the
City of Buffalo and routinely patrolled and answered an average of 8,500 911 calls per year; and
Whereas: A promotional exam can be given at any time and if the Buffalo Police Department ever found itself in the
position of needing to hire police officers quickly, they would have a list of eligible candidates ready to go forward with
processing; and
Whereas: The hiring of these officers would also provide substantial savings to the City of Buffalo due to the fact that
BMHA officers would not have to attend the academy and the City would not incur all the costs associated with it; and
Now, Therefore Be It Resolved:
That the City of Buffalo implements a promotional exam to the laid off BMHA officers to become Buffalo police Officers to
ensure that if the Buffalo Police Department are in need of additional officers that the BMHA officers would be eligible
candidates.
NO. 92
By: Mr. Bonifacio
Accept Art Gift from the University at Buffalo's
School of Architecture at 330 Connecticut Street
Whereas: The University at Buffalo's School of Architecture is truly a renown institution for higher learning and has
become very active in the City of Buffalo with numerous architectural projects and pieces of art; and
Whereas: The numerous architectural projects and pieces of art provided by the University at Buffalo's School of
Architecture has positively contributed to the enhancement of City of Buffalo neighborhoods and local business districts;
and
Whereas: The City of Buffalo would like to continue to add to its already rich collection of distinguished architecture in City
neighborhoods and local business districts, it seems appropriate that the City should also encourage public art; and
Whereas: In the summer of 2004, with City of Buffalo permission, the University at Buffalo's School of Architecture created
an incredible piece of work on a vacant City -owned lot at 330 Connecticut Street as a gift to the City; and
Whereas: The City of Buffalo is genuinely grateful to the school for this wonderful contribution and should further accept
ownership of this gift at 330 Connecticut Street; and
Now, Therefore Be It Resolved:
That the City of Buffalo supports the University at Buffalo's School of Architecture and encourages public art that
contributes to the rich collection of distinguished architecture in City neighborhoods and local business districts; and
Be It Further Resolved:
That the Common Council hereby requests that the City of Buffalo take ownership of the piece of art created at 330
Connecticut by the University at Buffalo's School of Architecture.
ADOPTED
No. 93
BY: Council Member Jeffrey Conrad
RE: Union Ship Canal Amendment "A"
Union Ship Canal Urban Renewal Plan
WHEREAS, the Office of Strategic Planning & the Buffalo Urban Development Corporation have recommended that the
Union Ship Canal Urban Renewal Plan, bounded by Tifft Street on the north, the Seneca Rail Yard on the east, NYS
Route 5 on the west and the City of Buffalo /Lackawanna city line on the south, be designated as appropriate for Urban
Renewal treatment; and
WHEREAS, the amendment would address very specific height ranges that were not anticipated due to the need for land
acreage and the larger size of the buildings at these developments, and
WHEREAS, the Amendment would allow for subdivided parcels, specifically Parcel "B" - Sub lots 1,2, &3 minimum,
building heights of 18 feet not to exceed a maximum of 60 feet; and further allow parcels subdivided in future development
at the Buffalo Lakeside Commerce Park maximum allowable height (forty to forty -five feet) may be added to this
amendment category at the discretion of the City of Buffalo Planning Board.
WHEREAS, the designation and redevelopment of said area will provide new economic development and job
opportunities to the community at large and will aid in the stabilization of local property tax rolls and provide a framework
for public and private reinvestment within the area; and
WHEREAS, a public hearing on the matter was held upon due notice before the City Planning Board in City Hall Room
901 on September 27, 2005 at 9:00 a.m., at which the proposed amendment was presented and explained in detail, and
those desiring to be heard were heard,
WHEREAS, a public hearing upon the matter was held upon due notice before the Common Council of the City of Buffalo
in Room 1308 City Hall on Tuesday, November 1, 2005, at 2:OOp.m. at which hearing the proposed Amendment was
presented and explained in detail, and those desiring to be heard were heard,
NOW THEREFORE BE IT RESOLVED, that we the duly appointed members of the City Planning Board of and for the
City of Buffalo, do hereby report to the Common Council and certify our unqualified approval of the amendment of the
above described Union Ship Canal Project Area as defined in Subdivision 3 of Section 502, Article 15 of the New York
State Municipal Law and do hereby designate the area, pursuant to Section 504, Article 15 of the New York State General
Municipal Law, as being appropriate for Urban Renewal treatment; and
BE IT FURTHER RESOLVED, that, the Coordinator of the Office of Strategic Planning is hereby directed and has
authorized the Amendment to the Union Ship Canal Urban Renewal Plan for the long term, comprehensive
redevelopment of the designated Buffalo Lakeside Commerce Park Area.
NO. 94
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 -4 Performance and labor and material bonds.
A. When required, a performance and labor and materials bond shall be in the penal amount of the contract price if
based on a lump -sum price or of the unit -price bid multiplied by the number of units estimated in the plans and
specifications if based upon a unit price and shall be conditioned for the faithful and complete performance of the contract
for the work or improvement or the furnishing of the materials, supplies or equipment in strict compliance with the
provisions of the contract documents. A labor and material bond shall also be required, and the bond shall contain a
clause that the bidder entering into the contract with a city agency will pay for all services rendered and materials used in
the execution of the contract and that a person rendering services or furnishing materials in or about the execution of the
contract may maintain an action to recover for the services rendered or the materials furnished against the obligors in the
bond as though the person were named therein, provided that such action shall be brought within one year after the cause
of action accrued. The obligors in the bond shall be liable and may be sued accordingly. Notice of the commencement of
the action and of all proceedings therein shall be given to the Corporation Counsel, and in default of such notice, no
recovery shall be had in the action. The Director of Purchasing has the authority to waive the requirement of this section in
his /her discretion, up to the contract amount of Two Hundred and Fifty Thousand Dollars ($250,000.00). Any waivers
under this section in excess of $250,000.00 must be approved by the Common Council.
B. The right of a person rendering services or furnishing materials to maintain an action on such labor and material bond
shall be subject, however, to the prior rights of the City of Buffalo against the obligors in said bond.
§ 96 -5. Maintenance bonds.
When deemed necessary, whenever the maintenance of any work or improvement is required by the specifications for
such work or improvement, said bond shall be in the penal amount of 10% of the contract price and shall be conditioned
for the faithful performance of the maintenance of the work or improvement in accordance with or for the period specified
in the contract documents.
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 in brackets to be deleted. Matter underlined is new.
PASSED
AYES — 0 NOES — 0
NO. 96
Sponsor: Mr. Coppola, Mr. Bonifacio, Mr. Conrad, Mr. Davis, Mr. Fontana
Subject: Start a Receivership Revolving Loan Fund
Whereas: There are numerous properties throughout the City of Buffalo causing blight and neighborhood distress, and
while some of these properties need to be demolished, others do not and are appointed to receivers to rent them and use
the rental income to make repairs; and
Whereas: Many properties that are not in need of demolition are still uninhabitable and in this condition they can not earn
rental income to support the necessary repairs, and thus they sit vacant, attract vandals and foster criminal activity; and
Whereas: The creation of Receivership Revolving Loan Fund is a way to get these properties repaired and although
public funds would necessary to initiate the program, it would ultimately be paid for by private funds; and
Whereas: Buffalo City Court Judge Henry Nowak, who presides over Housing Court, has requested that the Common
Council allocate $500,000 of CDBG funds to start this program so that the Court could appoint receivers for currently
uninhabitable properties; and
Whereas: The program would work by a receiver would draw from the Fund to finance the necessary repairs to
rehabilitate each property, and repayment of the loan would be sought first from rental income that would be generated
after the repairs were completed, and if rental income is insufficient, Housing Court would order that the loan act as a
mechanic's lien on the property, which would give the receiver the authority to foreclose on the property and ask that the
lien be given priority over any other loans and mortgages; and
Whereas: Housing Court would determine what cases are appropriate to utilize this fund through input from the District
Councilmember, the work to be done, the location of the property, and the ease in managing the properties once
occupied, and this program would only include properties where the ultimate value would exceed the cost of needed
repairs to ensure sufficient income to repay the loans; and
Whereas: With the creation of this fund, Housing Court will have the ability to correct the violations on every property cited
for court, regardless of the owner's level of cooperation.
Now Therefore Be It Resolved:
That the Office of Strategic Planning setup and fund a Receivership Revolving Loan Fund with CDBG money to be used
by Housing Court, when appropriate, to rehabilitate properties within the City Buffalo.
ADOPTED
No. 96
Marc A. Coppola
RESOLUTION
Sponsor: Mr. Coppola
Co- Sponsors: Mr. Franczyk, Mr. Golombek
Permit "Roads to Freedom" Exhibit to Hang Banner
The Western New York Division of the Polish American Congress has been selected to host the "Roads to Freedom"
exhibit, which commemorates the 25 anniversary of the 1980 worker's strike in Poland and the birth of the Solidarity
Trade Union that eventually led to freedom for the people of Poland; and
The "Roads to Freedom" exhibit is a multi -media presentation of Poland and the City of Gdansk, during the years 1945-
2004; and
Buffalo, New York has been selected as the first city in the United States to host the exhibit, which has had previous stops
in Warsaw, Gdansk, Paris, and Toronto; and
The exhibit, which is free and open to the public, runs from Monday, October 24, 2005, through Sunday, November 6,
2005, at the Kevin Sullivan Campus Center, located at Medaille College, 18 Agassiz Circle, at Parkside Avenue; and
The Western New York Division of the Polish American Congress would like to display a banner promoting the exhibit;
Now, Therefore, Be It Resolved:
That the City of Buffalo hereby permits the Western New York Division of the Polish American Congress to hang and
display a banner in front of Medaille College, between Agassiz Circle and the 198 Expressway at Parkside Avenue from
October 18, 2005, to November 7, 2005, in order to promote the "Roads to Freedom" exhibit;
Be it Further Resolved:
That the banner be hung in accordance with all conditions, restrictions, and requirements as set forth by the City of
Buffalo and the Department of Public Works, Parks and Streets.
ADOPTED
NO. 97
Sponsor: Mr. Coppola
SUBJECT: Grant permission to Millard Fillmore Gates Circle Hospital to hang banners
Whereas: Millard Fillmore Gates Circle Hospital was recently named a Designated Stroke Center by the New York State
Department of Health in addition to our Certification for Disease Specific Care for Acute Stroke by the Joint
Commission of Accreditation of Healthcare Organizations; and
Whereas: Millard Fillmore Gates Circle Hospital is the only hospital in Western New York to have both these designations
and It is important for the community to know that if they suspect that they - or someone they know - is having a stroke
that they should come to Millard Fillmore Gates Circle; and
Whereas: In order to increase the public's awareness the hospital has requested the ability to hang the following banners:
24 on Delaware Avenue from Delevan Avenue to Cleveland Avenue.
5 on Lafayette Avenue between Gates Circle and Linwood Avenue.
9 on Linwood Avenue between Lafayette Avenue and where the parking ramp ends.
Whereas: Millard Fillmore Gates Circle Hospital would like to have these banners up for an indefinite amount of time.
Now, Therefore, Be It Resolved:
This Common Council supports the Millard Fillmore Gates Circle Hospital in its endeavor, and subject to the conditions set
forth by the Department of Public Works, Parks, & Streets, grants them permission to hang banners that promote their
status as a Designated Stroke Center.
Be It Further Resolved:
Millard Fillmore Gates Circle Hospital may keep the banners up for as long as they see fit, but if at any time the City of
Buffalo should deem it necessary to have these banners removed, the hospital must comply and remove the banners.
PASSED
AYES — 9 NOES — 0
NO. 98
Sponsor: Mr. Davis
Re: Abandoning Playground Equipment on Cathedral Park
Whereas: Erie Street; and Cathedral Park was a formerly dedicated public street known as
Whereas: On June 8, 1971, the Common Council of the City of Buffalo formally renamed that portion of Erie Street to
Cathedral Park by Common Council Proceeding #134; and
Whereas: Cathedral Park presently remain titled to the City of Buffalo and playground equipment purchased by a state
grant remain on this said property; and
Whereas: According to Code of Federal Regulations Title 45; Subtitle A; Part 92 in section (e) 1 clearly states that
"items of equipment with a current per -unit fair market value of less than $5,000 may be retained, sold or otherwise
disposed of with no further obligation to the awarding agency ", and
Whereas: The awarding agency, the Cathedral Park Day Care Center which was operated by the Clarkson Center is no
longer in existence; and
Whereas: The playground equipment will be greatly suitable for another childcare fac!lity servicing the Downtown area.
Now Therefore Be It Resolved:
That the Buffalo Common Council hereby grants permission to Childrens Place of Buffalo and Erie County to remove all of
the playground equipment located on City of Buffalo property known as Cathedral Park; and
Be It Finally Resolved:
That Childrens Place of Buffalo & Erie County will be solely responsible for any repairs, further maintenance and upkeep
of the removed playground equipment from Cathedral Park
REFERRED TO THE COMMITTEE ON LEGISLATION
By: Mr. Davis
NO. 99
Increased Appropriation
Purchase - Auction Sales
Public Works - Capital Projects
That, Pursuant to §20 -11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common
Council, the appropriation in the budget for the current fiscal year in Capital Improvements Department of Public Works,
be and the same hereby is increased in the stun of $159,444.
That, the comptroller be and hereby is authorized and directed to increase the revenue estimate of account:
FROM
10170030 — 389005 Auction Sale $159,444
TO
17523008 - 489130 Transfer out to Capital Project $159,444
FROM
17523008 - 489130 Transfer out to Capital Project $159,444
To:
38300106 - 445100 Snow Removal Equipment $159,444
PASSED
AYES — 9 NOES —0
NO. 100
Mr. Davis
295 Maryland
Whereas: Lamar Advertising, Inc. is the current owner of the real property commonly known as 295 Maryland Street,
located in the City of Buffalo; and
Whereas: The property is currently vacant and represents a blighting condition in the neighborhood; and
Whereas: The City of Buffalo has undertaken environmental testing of the property which has indicated that there is a
low level of contamination that makes the property unsuitable for residential redevelopment; and
Whereas: Funding is available pursuant to the New York State Department of Environmental Conservation's
environmental Restoration Program to defray the costs of investigating and re- mediating the property; and
Whereas: In order to fund the costs of any necessary investigation and re- mediation, it is in the City's interests to apply
to New York State for an investigation and /or re- mediation grant pursuant to the Environmental Restoration Program. This
program permits municipalities to be reimbursed for 90% of the costs incurred in undertaking a re- mediation pursuant to
said program; and
Whereas: The estimated costs to re- mediate the property to residential standards is approximately $600 to $800,000
and Lamar Advertising, Inc. has committed to assisting the City by funding the City of Buffalo's 10% share (up to $80,000)
of these costs pursuant to the terms and conditions of an agreement to be entered between the City of Buffalo and Lamar
Advertising, Inc.; and
Whereas: The City of Buffalo finds it desirable and in the public interest to re- mediate the property and undertake any
necessary investigation of the property; and
Whereas: In order to be eligible for funding pursuant to the State program, the municipality needs to be the owner of the
property.
Now, Therefore Be It Resolved:
That the Mayor is the representative authorized to act on behalf of the municipality and enter into a contract with Lamar
Advertising, Inc. to take title of the property for $1.00 and act on all matters related to the State Assistance under ECL
Article 56, Title 5. The representative is also authorized to make application, execute the State Assistance Contract,
submit project documentation, and otherwise act for the Municipality's governing body in all matters related to the project
and the State Assistance; and
Be It Further Resolved:
That the Municipality agrees to fund its portion of the costs of the project and that the funds will be available to initiate the
project's filed work within twelve months of written approval of its' application by the Department of Environmental
Conservation; and
Be It Further Resolved:
That a certified copy of the authorization be prepared and sent to the Office of the State and the New York State
Department of Environmental Conservation together with the Application for State assistance; and
Be It Finally Resolved:
That this authorization shall take effect immediately.
PASSED
AYES — 9 NOES — 0
NO. 101
RESOLUTION
Mr. Davis
RE: Oak - Michigan Housing Development Fund Company, Inc.
Whereas: The Oak - Michigan Housing Development Fund Company, Inc. was selected to participate in the Mark -to- Market
Program created by the Multifamily Assisted Housing Reform and Affordability Act of 1997; and
Whereas: The corporation is planning to invest over One Million Dollars over the next year, and Four Million Dollars over
the next twenty years in the McCarley Gardens Apartments, located at 172 Goodell Street in the City of Buffalo; and
Whereas: In order for the Oak - Michigan Housing Development Fund Company to qualify and participate in the Mark -to-
Market Program, the subject property must continue to be eligible for partial exemption from real property taxation at its
current assessed value for year 2005 -2006 of $3,040,000.00. The value of the exemption is $1,189,394.
Now Therefore Be It Resolved:
That the Common Council hereby grants a new thirty (30) year exemption to the Oak - Michigan Housing Development
Fund Company, Inc. for the real property located at 172 Goodell Street at the current tax assessed value.
PASSED
Ayes — 9 noes — 0
NO. 102
By: Mr. Davis
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. Advertisement for bids.
A. The advertisement inviting bids for the doing of a work or improvement or for the furnishing of materials, supplies or
equipment shall, among other things, state that the bidder must submit with his bid a bid bond, certified check, bank draft
or letter of credit complying with the provisions of Article I hereof, as provided in the specifications, and shall also state
that, in case of the bidder's failure to enter into the contract for the doing of the work or improvement or the furnishing of
materials, supplies or equipment and to furnish a performance bond or, where authorized, a certified check, bank draft or
letter of credit, complying with the provisions of Article I hereof, 100% of the penal sum of the bid bond or the amount of
the certified check, bank draft or letter of credit, as the case may be, shall be and become the minimum amount of the
liquidated damages suffered by the city as a result of such failure, collectible out of the bid bond, certified check, bank
draft or letter of credit.
B. In all cases where the estimated cost of the work under a particular contract exceeds $250,000, the advertisement shall
clearly state that only a bid bond will be accepted.
C. Contractors responding to the advertisement for bids and wishing to obtain a set of plans and specifications shall
submit the fees as outlined in Chapter 175, Fees. A set of plans and specifications shall be available for inspection free of
charge in the office of the Commissioner letting the bids.
D. The advertisement inviting bids for the doing of a work or improvement or for the furnishing of materials, supplies or
equipment shall, among other things, state that the bidder must submit with his bid, a statement indicating that all
products purchased will bear the Energy Star label as awarded by the U.S. Environmental Protection Agency and the U.S.
Department of Energy. In addition, all departments and City of Buffalo agencies must include in all bid specifications that
all products purchased by the bidder must bear the Energy Star label.
E. If the bidder finds it necessary to purchase a product that does not bear the Energy Star label, the bidder or the
respective department or agency must include a written statement indicating the reason Energy Star products cannot be
used, and a comparison of the initial and operating cost differential during the useful life of the Energy Star rated product
and the non -rated product.
F. The advertisement inviting bids for the doing of a work or improvement or for the furnishings of materials, supplies, or
equipment shall among other things state that the bidder must submit [with his bid] prior to the awarding of a contract, a
statement indicating that the bidder will work toward a minority workforce goal of 25 %, and women workforce goal of 5 %.
In addition, a statement must be submitted prior to the awarding of a contract indicating that the bidder will work toward a
business utilization goal for minority business enterprise Of25% and women business enterprise of 5 %. These goals shall
be utilized for all purchasing, professional services and construction contracts. In addition, all departments and City of
Buffalo agencies must include in all bid specifications the minority workforce and business utilization goals as stated in
this section.
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.
Matter in brackets to be deleted. Matter underlined is new.
PASSED
AYES — 9 NOES — 0
NO. 103
By: Messrs. Davis & Fontana
OPPOSE THE USE OF PASSPORTS TO TRAVEL INTO THE UNITED STATES
Whereas: The City of Buffalo is dedicated to improving the economic health and quality of life in this great "City of Good
Neighbors" to create the best possible environment in which to live, work, recreate and worship; and
Whereas: The City of Buffalo and the Niagara Region remains one of the busiest points of entry from Canada into the
United States; and
Whereas: The Department of State and the Department of Homeland Security have proposed the Western Hemisphere
Travel Initiative which would require passports for American Citizens to re -enter the United States; and
Whereas: A great deal of progress has been achieved in developing Bi- National Cultural Tourism and the City of Buffalo
remains at the forefront to create this environment; and
Whereas: The proposed rule would negatively impact theater, entertainment, sports, hotel, tradeshow, shopping industries
and cultural tourism by reducing the ability of visitors to enter the United States; and
Whereas: A strong bond of friendship between the United States and Canada has existed for almost 200 years; and
Whereas: The economic and diplomatic harm caused by the Western Hemisphere Travel Initiative would be detrimental to
both Ontario and the Buffalo Niagara Regions; and
Whereas: The public comment period on the rulemaking is open until October 31, 2005.
Now, Therefore be it Resolved:
That the Buffalo Common Council is strongly opposed to the requirement of passports in order to gain entry into the
United States due to the direct negative economic impact it will have on the City of Buffalo, Western New York and the
entire border region economy; and
Be it Finally Resolved:
That certified copies of this resolution be sent the New York State Western New York Delegation and the New York State
Federal Delegation
ADOPTED.
NO. 104
BY: MR. DAVIS
TRANSFER OF FUNDS
COMMON COUNCIL - LEGISLATIVE
That pursuant to §20 -12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common
Council, the sum of $456 be and the same is hereby transferred within Common Council Legislative and said sum is
hereby reappropriated as set forth below:
From:
Legislative - Personal Services
10102001 - 412002 Hourly Salary $456.00
To:
Common Council Legislative
10111004 - 458001 Transportation $456.00
PASSED.
AYES -9. NOES -0.
NO. 105
BY: MR. FRANCZYK
COUNTY RENEGING ON TREE MAINTENANCE
WHEREAS: The City of Buffalo, County of Erie Parks Merger Agreement, effective July I, 2004, Section 13.3, states that
"The County shall provide for emergency and non - emergency tree trimming and removal of broken or dangerous limbs of
city -owned trees in City right -of -ways outside of the Parklands in the same manner as the City currently undertakes with
City Division of Parks workers... "; and
WHEREAS: Notwithstanding this explicit provision in the agreement, the City of Buffalo is being charged thousands of
dollars for these services, including invoices from Schneck Tree removal in the amount of $9,840, for emergency tree
removal completed in the summer of 2005; and,
WHEREAS: County Parks Department workers therefore should provide the labor for emergency and non - emergency tree
trimming per the county /city parks agreement thereby preventing the city from being charged twice for the same service;
and,
WHEREAS: Although the city /county parks merger plan also spells out that the City of Buffalo "acknowledges that an
extensive City -wide tree care and maintenance program as described in the Buffalo Urban Forest Master Plan is a capital
project which requires the commitment of capital funds by the City pursuant to Article X of this agreement," it does not
release the county from provision 13.3, which states the county's responsibility to provide for emergency and non -
emergency tree maintenance and emergency removal in the city; and,
WHEREAS: In the wake of the windstorm earlier this Fall, Erie County apparently did not use its own workforce to remove
blown down trees and branches, but used the private contractors employed by the city for the removal of trees, thereby
forcing the city to pay. This appears to be a violation of the intermunicipal parks agreement as the city is charged for a
service that is clearly the county's responsibility;
NOW THEREFORE BE IT RESOLVED:
That the Corporation Counsel determine whether the invoicing of charges to the city for "non- extensive" tree maintenance
and removal (i.e. routine emergency and non emergency) is in violation of the City- County parks agreement and ergo null
and void; and,
BE IT FURTHER RESOLVED:
That the Department of Administration and Finance report if these invoices are being paid and under what authorization
per the city /county parks agreement; and,
BE IT FURTHER RESOLVED:
That the Comptroller's office audit these invoices and determine if they fall outside the scope of the 2004 (Buffalo Urban
Forest Master Plan capital project) contract between the City and Schneck Tree Removal, Inc. (or any other tree removal
company) that provides for "extensive City -wide tree care and maintenance" / "priority tree trimming," and that these
expenses should have been included under the county's obligation to provide for "emergency and non - emergency tree
trimming and removal of broken or dangerous limbs."
BE IT FINALLY RESOLVED:
That the Public Works Department delineate the responsibility of what are the City's and the County's responsibilities in
regards to city tree removal and maintenance.
REFERRED TO THE COMMITTEE ON FINANCE, CORPORATION COUNSEL, COMPTROLLER, ERIE COUNTY
LEGISLATURE, ERIE COUNTY EXECUTIVE.
NO. 106
By Mr. Golombek:
2005 TREE PLANTING COST -SHARE GRANT FOR URBAN AND COMMUNITY FORESTRY IN THE CITY OF
BUFFALO
The Keep Western New York Beautiful is applying to the New York State Department of Environmental Conservation for a
project grant under the Urban and Community Forestry Program to be located in targeted neighborhoods and schools
located within the territorial jurisdiction of this Common Council; and
As a requirement of these programs, said Keep Western New York Beautiful must obtained "the approval /endorsement of
the of the governing body of the municipality in which the project will be located ".
NOW, THEREFORE BE IT RESOLVED,
That the City of Buffalo Common Council hereby does approve and endorse the application of Keep Western New York
Beautiful for a grant under the Urban and Community Forest program for a project known as the City Canopy and located
within this community.
PASSED.
AYES -9. NOES -0.
NO. 107
By: Mrs. Russell
DISCHARGE CIVIL SERVICE COMMITTEE
ITEM #128 C.C.P. OCTOBER 4, 2005
"BUDGET /PERSONNEL AMENDMENT - PUBLIC WORKS"
Whereas: The above item is currently in the Civil Service Committee; and
Whereas: It is no longer necessary for this item to be considered by that committee;
Now, Therefore Be it Resolved:
That this Common Council does hereby discharge the Civil Service Committee from further consideration of Item 128
C.C.P. October 4, 2005 "Budget /Personnel Amendment - Public Works" and said item is now before the Common Council
for its consideration.
ADOPT DISCHARGE.
Now, Therefore Be It Resolved:
That the above item be and the same hereby is approved.
PASSED.
AYES -9. NOES -0.
NO. 108
By: Mr. Thompson
LAND DISPOSITION AGREEMENT AND TRANSFER OF 256, 258, 268, 272 E. FERRY 1478, 1482 JEFFERSON FROM
THE CITY OF BUFFALO TO THE BUFFALO URBAN RENEWAL AGENCY ZULA CORP. REDEVELOPER
WHEREAS, the Buffalo Urban Renewal Agency has duly designated Zula Corp. and /or other legal entity to be
formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Heating, as required by Section 507, Subdivision
2(d) of the "General Municipal Law" and
WHEREAS, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the
Buffalo Urban Renewal Agency; and
NOW, THEREFORE, BE IT RESOLVED:
1. ZULA CORP. and /or other legal entity to be formed was duly designated as qualified and eligible
Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper of 256, 258, 268, 272 East
Ferry 1478, 1482 Jefferson.
2. That the Mayor, the Chairman, Vice - Chairman, or any officer of the Buffalo Urban Renewal Agency is hereby
authorized to execute any and all deeds or other Agreement" to the City of Buffalo Urban Renewal Agency, and there on
to ZU LA Agreement and for the consideration recited therein.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
NO. 109
By: Councilmember Thompson
SET PUBLIC HEARING
APPROVAL OF CONTRACT FOR SALE OF LAND AND TRANSFER OF 256, 258, 268,272 EAST FERRY
AND 1478, 1482 JEFFERSON FROM CITY TO BURA
ZULA CORP. - REDEVELOPER
WHEREAS, Zula Corp.. and /or other legal entity to be formed (herein referred to as the "Redeveloper ") has
been duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the
City of Buffalo Urban Renewal Agency; and
WHEREAS, the City of Buffalo Urban Renewal Agency and the Redeveloper has negotiated a Land Disposition
Agreement for the sale &, and
WHEREAS, the terms of said Land Disposition Agreement have been approved by the City of Buffalo Urban
Renewal Agency; and
WHEREAS, said Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal
Agency to this Common Council for action, pursuant to section 507, subdivision 2 of the General Municipal Law; and
WHEREAS, Section 507(2) of the "General Municipal Law" requires that the disposition of land in an Urban
Renewal Project may be approved only after a public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in
the Buffalo News, no later than the 21 st day of October, 2005.
2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at
2:00 P.M. in the Council Chambers on the 1 st of November 2005.
ADOPTED.
NO. 110
By: Mr. Thompson
DESIGNATING THE ENTIRE MASTEN DISTRICT AS AN URBAN RENEWAL AREA TO PROMOTE THE
HOMESTEADING OF VACANT LOTS
Whereas: The Masten District has an abundance of vacant lots available, with a majority being of interest to neighboring
residents; and
Whereas: The City of Buffalo has very limited interest in developing these respective residential vacant lots; and
Whereas: Currently, very few residents within the Masten District are allowed to homestead vacant lots for $1; and
Whereas: In many instances, the City of Buffalo has requested that interested residents pay an inflated purchase price for
property that they have maintained for years, and decades in certain situations; and
Whereas: Being left within the ownership of the City of Buffalo, a majority of vacant lots receive very limited maintenance,
creating community eyesores, dumping grounds, and potential public safety hazards; and
Whereas: The City of Buffalo's maintenance crew is understaffed and overwhelmed with the large number of vacant lots
requiring maintenance; and
Whereas: The homesteading of vacant lots to interested residents would alleviate a huge burden from the City of Buffalo,
helping to improve efficiency, and could be considered as a community beautification effort; and
Now, Therefore Be It Resolved That:
This Common Council does hereby authorize the Office of Strategic Planning and the Division of Real Estate to allow
interested residents to homestead respective adjacent vacant lots within the Masten District.
Now, Therefore Be It Finally Resolved That:
This Common Council also hereby requests that this item be referred to the Committee on Community Development,
BURA, Office of Strategic Planning, and Division of Real Estate to research the feasibility of the entire Masten District
being designated as an Urban Renewal Area for homesteading purposes.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, DIRECTOR OF STRATEGIC PLANNING.
NO. 111
By: Mr. Thompson
REMOVAL OF VEHICULAR ALTERNATE PARKING AND THE INSTITUTION OF PERMANENT PARKING ALONG
THE NUMERICALLY EVEN SIDE OF HUGHES AVENUE
Whereas: The current situation in regards to alternate parking along Hughes Avenue, specifically between Jefferson
Avenue and Meech Avenue has caused a public safety hazard; and
Whereas: Hughes Avenue residents attempting to exit their driveways are confronted with poor visibility and small spaces
in which to maneuver; and
Whereas: Hughes Avenue possesses a strong frequency of vehicular traffic: cars, school buses, shuttles, and small
commercial vehicles accessing residences, the Canisius' Student Center and Cafeteria, and other
collegiate - related institutions; and
Whereas: The removal of alternate parking and the institution of permanent parking along the numerically even side of
Hughes Avenue would alleviate congestion, improve visibility and public safety, and assist in further laying
the groundwork for improving resident - collegiate relations; and
Now, Therefore Be It Resolved That:
This Common Council hereby requests that the issue of removing alternate parking and the institution of permanent
parking along the numerically even side of Hughes Avenue, specifically between Jefferson Avenue and Meech Avenue,
be researched and strongly considered.
Now, Therefore Be It Finally Resolved That:
This Common Council also hereby requests that the Department of Public Works implement the recommended parking
restrictions.
REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF PUBLIC WORKS, PARKS AND
STREETS.
NO. 112
By: Mr. Thompson
REMOVAL OF VEHICULAR PARKING ON JEFFERSON AVENUE BETWEEN MAIN STREET & EAST DELAVAN
AVENUE
Whereas: The allowance of Canisius' students to park on Jefferson Avenue has caused a public safety hazard; and
Whereas: Drivers entering Jefferson Avenue via side streets are unable to see into oncoming traffic; and
Whereas: Parking on Jefferson Avenue should be removed in order to benefit public safety; and
Now, Therefore Be It Resolved That:
This Common Council hereby requests that the issue of removing parking from Jefferson Avenue, specifically between
Main Street and East Delavan Avenue.
Now, Therefore Be It Finally Resolved That:
This Common Council also hereby requests that the Department of Public Works remove parking on Jefferson Avenue
between Main Street and East Delavan Avenue.
REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF PUBLIC WORKS, PARKS AND
STREETS.
NO. 113
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 25, 2005 at 9:30 o'clock A.M.
Committee on Finance following Civil Service Tuesday, October 25, 2005 at 10:00 o'clock A.M.
Committee on Legislation Tuesday, October 25, 2005 at 2:00 o'clock P.M.
Committee on Comm. Dev. Wednesday, October 26, 2005 at 10:30 o'clock
Special Committees
Taxicabs /Livery in Room 1417 City Hall. Thursday, October 20, 2005 at 10:00 o'clock A.M.
(Public Disclaimer): All meetings are subiect to change and cancellation by the respective Chairmen of Council
Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be
meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the
respective Chairmen, we can only make notification of what we are made aware.
NO. 114
ADJOURNMENT
On a motion by Mr. Coppola, Seconded by Mr. Bonifacio, the Council adjourned at 3:40 P.M.
GERALD CHWALINSKI
CITY CLERK