HomeMy WebLinkAbout04-0427No. 9
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
April 27, 2004
MAYOR
Hon. Anthony M. Masiello
ACTING COMPTROLLER
Andrew Sanfilippo
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
FILLMORE DISTRICT
David A. Franczyk
PRESIDENT PRO TEMPORE
UNIVERSITY DISTRICT
Bonnie E. Russell
MAJORITY LEADER
DELAWARE DISTRICT
Marc A. Coppola
DISTRICT COUNCIL MEMBERS
BRIAN C. DAVIS - ELLICOTT
RICHARD A. FONTANA - LOVEJOY
ANTOINE M. THOMPSON - MASTEN
DOMINIC J. BONIFACIO Jr. - NIAGARA
JOSEPH GOLOMBEK JR. - NORTH
JAMES D. GRIFFIN - SOUTH
REGULAR COMMITTEES
CORPORATION
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, APRIL 27, 2004
AT 2:00 P.M.
PRESENT — David A. Franczyk, President of the Council,
and Council Members Bonifacio, Coppola, Davis,
Fontana, Golombek, Griffin, Russell and Thompson — 9.
ABSENT - None.
On a motion by Mr. Coppola seconded by
Mr.Fontana, the minutes of the stated meeting held on
April 13, 2004 were approved.
FROM THE MAYOR
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 1
J. HANNON- INFO JN ADAM DEV CTR PERRYSBURG
NY
Available for review in The City Clerk's Office.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 2
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF BUFFALO (COB), BUFFALO ECONOMIC
RENAISSANCE CORPORATION (BERC), ERIE COUNTY
INDUSTRIAL AGENCY (ECIDA) AND BUFFALO
NIAGARA ENTERPRISE (BNE).
As a response to Common Council, item # 63, C.C.P.
March 30, 2004, "Memorandum of Understanding (MOU)
CIVIL SERVICE COMMITTEE: Bonnie E. Russell
Chairman, Brian C. Davis, Joseph Golombek Jr., Richard A.
Fontana - Members
CLAIMS COMMITTEE: James D. Griffin, 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., Marc A. Coppola, James D. Griffin
- Members.
LEGISLATION COMMITTEE: Richard A. Fontana,
Chairman, Dominic J. Bonifacio Jr., Marc A. Coppola,
Bonnie E. Russell - Members
RULES COMMITTEE: David A. Franczyk, Chairman
Marc A. Coppola, Bonnie E. Russell - Members
SPECIAL COMMITTEES
BUDGET COMMITTEE: Dominic J. Bonifacio, Jr., Chairman,
Marc A. Coppola, Brian C. Davis, Joseph Golombek, Jr. -
Members
MINORITY BUSINESS ENTERPRISE COMMITTEE -
Antoine M. Thompson, Chairman Brian C. Davis, James D.
Griffin
EDUCATION COMMITTEE
PROCEEDINGS
between COB, BERC, ECIDA and BNE ", please accept the
following as a report on the status of the MOU.
On June 16, 2003, the Buffalo Economic Renaissance staff
completed their physical move into city hall and incorporation
into the Office of Strategic Planning. A restructuring of BERC
was completed shortly after with a reassignment of certain
staff positions within BERC. On July 25, 2003, 1 became the
President of BERC. Around the same time, the ECIDA
completed its search for an Executive Director with the hiring
of Charlie Webb.
Staff from all three agencies, BERC, ECIDA and BNE have
been working to develop relationships, based upon redefined
roles and responsibilities identified in the MOU. To their
credit, staff from all three agencies have performed well
within an environment that included significant change and
where two of the Executive Directors were new to the
agencies and the community.
On January 13 & 14, 2004, BERC held a two -day retreat to
re- affirm its mission and set goals for the upcoming year.
The retreat included a half -day discussion with key economic
development partners including; BNE, ECIDA, Small
Business Development Center (SBDC), and the Empire
State Development Corporation (ESDC). One issue that was
identified was the need for more coordination and direction
from the executive level for all of the key economic
development agencies. To address this issue the executives
of BNE,
ECIDA, ESDC, BERC and the County of Erie Environment
and Planning Department began meeting monthly to discuss
projects and other economic development issues and /or
opportunities.
The new level of coordination between economic
development agencies in the City of Buffalo has resulted in
an enlightened and heightened level of effort from all
agencies involved. The ECIDA is working with BERC to
partner on loans and projects within the City, while BNE has
provided staff to assist BERC in designing and developing
City of Buffalo focused marketing material.
I believe the success of 'the IMOU should be measured by
the amount of businesses receiving assistance from the
included agencies and the growth of the business base in
the City of Buffalo. It is too soon to measure however, we
should have quantifiable evidence by the end of the fiscal
year.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 3
RENEW LEASE AGREEMENT BETWEEN THE CITY OF
BUFFALO AND THE MASSACHUSETTS AVENUE
PROJECT FOR USE OF
378 MASSACHUSETTS - NIAGARA DISTRICT
ITEM NO. 53, C.C.P. 1/8/02
Pursuant to Item No. 53, C.C.P. 1/8/02, Your Honorable
Body authorized a two (2) year lease between the City of
Buffalo and the Massachusetts Avenue Project for use of
378 Massachusetts, excluding the pool area and dressing
room. This lease was for the period of January 1, 2002
through December 31, 2003.
The Office of Strategic Planning, Division of Real Estate,
has received a letter from the Massachusetts Avenue
Project, Diane Picard, Outreach Center Program Director
requesting to renew their current lease agreement for an
additional two (2) year period.
The Dept. of Public Works, Parks & Streets, the Dept. of
Community Services and the Audit Division did not indicate
objections to renewing said lease agreement.
The rental will remain at One Dollar ($1.00) per year and all
other terms and conditions of said lease shall remain the
same.
This office recommends that Your Honorable Body renew
their present lease agreement for an additional two -(2) year
period commencing January 1, 2004 and expiring on
December 31, 2005. 1 am further recommending that Your
Honorable Body authorize the Corporation Counsel to
prepare the necessary documents to renew said lease and
that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 4
RENEW LEASE AGREEMENT BETWEEN THE CITY OF
BUFFALO
THE MASSACHUSETTS COMMUNITY CENTER AND
DEVELOPMENT CORPORATION D /B /A WEST SIDE
COMMUNITY SERVICES FOR USE OF 161
VERMONT
(FORMER SCHOOL NO. 49) - NIAGARA DISTRICT
ITEM NO. 9, C.C.P. 3/2/01
Pursuant to Item No. 9, C.C.P. 3/2/01 Your Honorable
Body authorized a lease agreement between the City of
Buffalo and the Massachusetts Community Center and
Development Corporation d /b /a West Side Community
Services for use of 161 Vermont street. This lease
commenced on April 14, 2001 and expired on April 13, 2004.
The Division of Real Estate has received a letter from the
West Side Community Services requesting to renew their
lease for an additional three -year period (commencing on
April 14, 2004 and expiring on April 13, 2007) under the
same terms and conditions as the expired lease.
This office recommends that Your Honorable Body renew
their lease agreement for an additional three -year period
commencing on retroactively on April 14, 2004 and
terminating on April 13, 2007. 1 am further recommending
that Your Honorable Body authorize the Corporation
Counsel to prepare the necessary documents to renew said
lease and that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 5
RENEW LEASE AGREEMENT BETWEEN THE CITY OF
BUFFALO AND HARMAC INDUSTRIES FOR USE OF
2209 BAILEY (687' NORTH OF
GENESEE) COMMERCIAL VACANT LAND
ITEM NO. 13, C.C.P. 5/4/99
Pursuant to Item No. 13, C.C.P. 5/4/99, Your Honorable
Body authorized a five (5) year lease agreement between
the City of Buffalo and Harmac Medical Products, Inc. for
use of city -owned property located at 2209 Bailey Avenue
(687' North of Genesee). This lease is for the period of June
1, 1999 through May 31, 2004.
The Office of Strategic Planning, Division of Real Estate, has
received a request from Harmac Medical Products, Inc. , Mr.
Edward Rhodes, Treasurer, to renew their lease for an
additional five (5) -year period to commence on June 1, 2004
and expire on May 31, 2009.
The Division of Real Estate and Harmac Medical Products,
Inc. have negotiated the annual rental fee to be increased
from One Hundred Twenty -Five Dollars ($125.00) to Three
Hundred Seventy -Five Dollars ($375.00).
This office recommends that Your Honorable Body renew
their lease agreement with an annual fee of Three Hundred
Seventy -Five Dollars ($375.00). The lease will be for an
additional five (5) year period to commence on June 1, 2004
and expire May 31, 2009. 1 am further recommending that
Your Honorable Body authorize the Corporation Counsel to
prepare the necessary documents to renew said lease and
that the Mayor be authorized to execute the same.
Mr. Coppola Moved:
That the above communication from the Office of Strategic
Planning dated April 16, 2004, be received and filed; and
That the Director of Strategic Planning be, and he hereby is
authorized to renew a lease between the City and Harmac
Medical Products, Inc., for use of 2209 Bailey Avenue for an
additional five (5) year ten -n commencing on June 1, 2004
and expiring on May 31, 2009. That the Corporation Counsel
be authorized to prepare the necessary renewal lease and
that the Mayor be authorized to execute the same.
PASSED
AYES -9 NOES -0
NO. 6
RESULTS OF NEGOTIATIONS
432 BUSTI, 127 - SE PENNA
VACANT LOT: 26'X 100'
ASSESSED VALUATION: $1,800. (NIAGARA)
The Office of Strategic Planning, Division of Real Estate
has received a request to purchase 432 Busti Avenue from
Mr. and Mrs. Carmen Riollano , 438 Busti Avenue, Buffalo,
New York 14201. Mr. and Mrs. Riollano own and reside at
438 Busti Avenue. They intend to use 432 Busti Avenue for
additional yard space.
The Division of Permit and Inspection Services and the
Division of Collections have no objections to the sale. There
are no building code violations, taxes or other liens owed to
the City of Buffalo by the purchasers.
The Division of Real Estate has investigated the sale of
similar vacant lots in the subject area. Sale prices range
from sixty cents ($.60) to one dollar and fifty cents ($1.50),
per square foot.
The results of our negotiations are that Mr. and Mrs. Riollano
have agreed and are prepared to pay two thousand five
hundred dollars ($2,500), one dollar ($1.00) per square foot,
for the subject property. They have also agreed to pay for
the cost of the transfer tax, recording fees and cost of the
legal description.
I am recommending that Your Honorable Body approve the
sale of 432 Busti Avenue to Mr. and Mrs. Carmen Riollano in
the amount of two thousand five hundred dollars ($2,500). 1
am further recommending that the Corporation Counsel
prepare the necessary documents for the transfer of title and
that the Mayor be authorized to execute the same.
Mr. Coppola Moved:
That the above communication from the Office of Strategic
Planning, Division of Real Estate, dated April 20, 2004, be
received and filed; and
That the offer from Mr. and Mrs. Carmen Riollano, residing
at 438 Busti Avenue, in the sum of two thousand and five
hundred dollars ($2,500.00) for the purchase of 432 Busti
Avenue, be and hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be
paid by the purchaser; 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
FROM THE COMPTROLLER
NO. 7
ADDITIONAL INFORMATION ON
FEDERAL FINANCIAL ASSISTANCE
This is to advise that a copy of the single audit of Federal,
state and local financial assistance programs received by the
City of Buffalo for the fiscal year ended June 30, 2003 has
been delivered to each Councilmember, the Common
Council Chief of Staff, the City Clerk, the Mayor, the
Comptroller, and the Budget Office.
Pursuant to amendments of Section 35 of the General
Municipal Law, which took effect January 1, 1989, Your
Honorable Body may, in its discretion, provide to the State
Comptroller and file with the City Clerk a written response to
the findings and recommendations in this report no later than
ninety days after its receipt, or July 7, 2004.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 8
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
HUMAN RESOURCES
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
$19,295 be transferred and reappropriated within Human
Resources, as set forth below:
From:
12553006 - 480000 Other Services
$10,066.05
12557006 - 432004 Engineering & Technical Services $
9,228.95
To:
12553006 - 432003 Legal Services
$19,295
Dated: Buffalo, NY, April 20, 2004
RECEIVED AND FILED
FROM THE PRESIDENT OF THE COUNCIL
NO. 9
COMMON COUNCIL BUDGET HEARING AND
MEETING SCHEDULE
MAY 3 THRU MAY 7,2004
Legend: Italics = Regularly Scheduled Meetings Non - Italics
= Budget Hearings
Mondav Mav 3
2:OOpm
Common Council Meeting Chair: Mr.
Franczyk
Department of Audit Control
2:15 pm
Common Council
President
City Clerk
Vital Statistics
2:30 pm
BOARD OF ELECTIONS
2:45 pin
Buffalo Municipal Housing Authority
(BMHA)
Department of Community Services
3:00 pin,
Civic Bodies
6:00 pin
Buffalo Board of Education (BBOE)
Chair: Mr. Thompson
Tuesday Mav
9:30 am
Civil Service Committee Meeting
Chair: Ms. Russell
10:00 am
Finance Committee Meeting Chair: Mr.
Davis
1:OOpm
Community Development Committee
Meeting Chair: Mr. Golombek
2:OOpm
Legislation Committee Meeting
Chair: Mr. Fontana
Wednesday May
5
9:00 am
Mayor and Executive Chair:
Mr. Coppola
Office of Strategic Planning
Division of Zoning and Land Use
Division of Environmental Affairs
Division of Development
Division of Real Estate
Division of Intergovernmental Relations
Division of Citizens Services
10:00 am
Department of Law
10:30 am
Department of Assessment
1:30 pm
Management Information Systems
(MIS)
2:00 pm
Department of Administration and
Finance
Chair: Mr. Bonifacio
Department of Budget and Mgmt.
Services
Division of Administrative Adjudication
Division of Parking Enforcement
Division of Treasury
Division of Collections
Division of Purchase
COMMON COUNCIL BUDGET HEARING AND MEETING
SCHEDULE MAY 3 thru May 7, 2004
Legend: Italics
= Regularly Scheduled Meetings
Non - Italics = Budget Hearings
Wednesday May
5 (continued)
3:00 pm
Department of Human Resources
Chair: Ms. Russell
Division of Employment and Training
Division of Employee Relations
Division of Compensation and Benefits
Civil Service
Thursday May 6
9:00 am
Police Chair: Mr. Fontana
10:30 am
Department of Audit Control
Office of Comptroller
Division of Audit
Division of Accounting
Cash and Debt Management
1:30 pm
Department of Fire Chair: Mr. Davis
Friday May 7
9:00 am
Department of Community Services
Chair: Mr. Griffin
Division of Senior Services
Division of Substance Abuse
Division of Youth
Division of Disabled Persons Advocacy
Division of Workforce Employment
Training
Commission of Citizen Rights
10:00 am Department of Permits and
Inspections
Division of Permits
Division of Licenses
Division of Inspections
Division of Plan Review
1:30 am Department of Public Works, Parks,
and Streets Chair: Mr. Golombek
Division of Engineering
Division of Buildings
Division of Water
Division of Telecommunications and
Utilities
Demolitions
Division of Parks and Recreation
Division of Streets
Street Cleaning and Snow Removal
Solid Waste, Refuse and Recycling
Bureau of Animal Shelter
NOTE: Budget Committee Workgroup Sessions will be
announced separately.
REFERRED TO THE COMMITTEE ON BUDGET
FROM THE COMMISSIONER OF PUBLIC WORKS,
PARKS AND STREETS
NO. 10
NOTIFICATION SERIAL # 9940
REPEAL ALTERNATE PARKING -TYPE 11
BARTON STREET
BETWEEN AUBURN AVENUE
AND LAFAYETTE AVENUE
(NIAGARA DISTRICT)
NO PARKING (ALTERNATE - TYPE 11) - REPEAL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 24 Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by
repealing therefrom the following: NO PARKING
PROHIBITED PORTION OF HIGHWAY PROHIBITED
PERIOD
Barton Street, west side 9:00 a.m. - 4:00
p. M.
between Auburn Avenue Thursday, Friday
and Lafayette Avenue
Barton Street, east side 9:00 a.m. - 4:00
p. M.
between Auburn Avenue Monday, Tuesday,
Wednesday
and Lafayette Avenue
This action is being taken in order to provide better access
for vehicles traveling on Barton Street.
NOTIFICATION SERIAL # 9941
INSTALL ALTERNATE PARKING - TYPE I
BARTON STREET
BETWEEN AUBURN AVENUE
AND LAFAYETTE AVENUE
(NIAGARA DISTRICT)
NO PARKING (ALTERNATE - TYPE I - INSTALL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 24 Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding
thereto the following: NO PARKING
PROHIBITED PORTION OF HIGHWAY PROHIBITED
PERIOD
Barton Street, west side between 4:00 p.m.
Wednesday
Auburn Avenue and Lafayette Avenue to 4:00 p.m. Sunday
Barton Street, east side 4: 00 p.m. Sunday
to
between Auburn Avenue and 4:00 p.m.
Wednesday
Lafayette Avenue
This action is being taken in order to provide better access
for vehicles traveling on Barton Street.
WAIVE 45 DAYS
RECEIVED AND FILED
NO. 11
AUSTIN IHEKE VS. CITY OF BUFFALO
CCP #76 -A3 OF 4/13/04
In response to a request from Council Staff, the work that
was being done when Mr. Iheke wa injured was removing
asbestos from police headquarters.
RECEIVED AND FILED
NO. 12
REPORT OF BIDS
DELAWARE PARK CASINO
LOWER PATIO RECONSTRUCTION
JOB NO. 0129
DELAWARE DISTRICT
I advertised on March 10, 2004 and received the following
formal bids for the Delaware Park Casino, Lower Patio
Reconstruction, which were publicly opened and read on
April 7, 2004.
Base Bid
Alt. #1
J. P Construction of NY, Inc. $ 93,000.00
0.00
21 Stahl Rd., Getzville, NY
L. P. Ciminelli Construction $116,789.00 $
4,444.00
369 Franklin, Buffalo, NY
Patterson Stevens, Inc. $138,155.00
$13,720.00
400 Sawyer, Tonawanda, NY
Nichter Associates $163,000.00
$18,000.00
3435 Harlem, Cheektowaga, NY
Alternate #1 is to furnish and install all work necessary for
the installation of Stamped Concrete Topping, including all
components.
I hereby certify that the foregoing is a true and correct
statement of all bids received and that J. P. Construction of
New York, Inc., with a Base Bid of $93,000.00, add Alternate
#1 for $0.00, for a total bid of Ninety Three Thousand and
00/100 Dollars ($93,000.00), 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 the 36321 406 445100 - Buildings.
Mr. Coppola moved:
That the above communication from the Commissioner of
Public Works, Parks and Streets dated April 14, 2004, 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
Delaware Park Casino, Lower Patio Reconstruction, to I P.
Construction of New York, Inc., the lowest responsible
bidder, in the amount of a Base Bid of $93,000.00, add
Alternate #1 for $0.00, for a total of $93,000.00. Funds for
the project are available in 36321 406 445100 - Buildings.
PASSED
AYES -9 NOES -0
NO. 13
REPORT OF BIDS -,
GRANT FERRY LIGHTING PROJECT
N.Y. STATE STRATEGIC INVESTMENT GRANT
(NIAGARA DISTRICT)
This is to advise Your Honorable Body that I have
advertised and received bids on April 14, 2004 for the project
referenced above.
The Following bids were received:
CONTRACTOR TOTAL BID PRICE
O'Connell Electric Corp. $295,012.00
830 Phillips Road
Victor, New York 14566
Ferguson Electric $319,321.00
333 Ellicott Street
Buffalo. New York 14203
Frey Electric Construction Co. $328,360.00
100 Pearce Avenue
Tonawanda. New York 14150
Spoth Enterprises Inc. $399.880.00
8746 Lakeshore Road
Angola, New York 14006
I hereby certify, that the lowest responsible bidder for the
above project is O'Connell Electric Corp., and I respectfully
recommend that Your Honorable Body authorize a contract
award to O'Connell Electric Corp. in the amount of
$324,513.20. (Base Bid of $295,012.00 + 110% unit price
increase] $29,501.20 = [total award] $324,513.20). The
Engineers estimate for this work is $300.000.00 and funds
are available in our Capital Project Accounts # 30032106
and 30007806. With the help of the Honorable Sam Hoyt.
the City has received a grant from the N.Y. State Strategic
Investment Program in the amount of $250,000.00.
Permission is requested to accept this grant and deposit
reimbursed funds into the previously mentioned Capital
Project Accounts.
Mr. Coppola Moved:
That the above communication from the Commissioner of
Public Works, Parks and Streets dated April 21, 2004, 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
Grant Ferry Lighting Project, to O'Connell Electric Corp., the
lowest responsible bidder, in the amount of $324,513.20
(Base Bid of $295,012.00 + [10% unit price increase]
$29,501.20 = total award of $324,513.20. Funds for the
project are available in Capital Project Accounts #30032106
and 30007806.
PASSED
AYES -9 NOES -0
NO. 14
REPORT OF BIDS
REPLACEMENT /REMOVAL OF TRAFFIC
SIGNALS ON SYCAMORE AVE. AND
WALDEN AVENUE
PIN #5755.41
This is to advise Your Honorable Body that I have
advertised and received bids on April 14, 2004
The following bids were received:
Contractor Total Bid Price
Destro & Brothers Concrete Co., Inc $1,397,739.58
411 Ludington Street
Buffalo, New York 14206
O'Connell Electric Co $1,462,584.53
830 Phillips Rd.
Victor, New York 14564
Spoth Enterprises, Inc $1,658,352.19
8746 Lakeshore Road
Angola, New York 14006
1 hereby certify that the lowest responsible bidder for the
above project is Destro & Brothers Concrete Co., Inc. and I
respectfully recommend that Your Honorable Body authorize
a contract award to Destro & Brothers Concrete Co., Inc. in
the amount of $1,397,739.58. (Base Bid of $1,270,672.35 +
[10% unit price increases] $127,067.23 equals [Total Award]
$1,397,739.58.) Funds for this project are available in our
Capital Account #31958206 - 445100. The engineer's
estimate for this work is $1.4m.
Mr. Coppola Moved:
That the above communication from the Commissioner of
Public Works, Parks and Streets dated April 21, 2004, 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
Replacement of Traffic Signals on Fillmore Avenue PIN
5755.40, to Destro & Brothers Concrete Co., the lowest
responsible bidder, in the amount of $1,245,807.20 (Base
Bid of $1,132,552.00 + [10% unit price increase] S
113,255.00 = total award of $1,245,807.20. Funds for the
project are available in Capital Project Account
#31958306 -445 100.
PASSED
AYES -9 NOES -0
NO. 15
REPORT OF BIDS
REPLACEMENT OF TRAFFIC SIGNALS
ON FILLMORE AVENUE
PIN 5755.40
This is to advise Your Honorable Body that I have advertised
and received bids on April 14, 2004
The following bids were received:
Contractor Total Bid Price
Destro & Brothers Concrete Co. Inc $1,245,807.20
411 Ludington St.
Buffalo, New York 14206
O'Connell Electric Co $1,445,658.06
830 Phillips Rd.
Victor, New York 14564
Spoth Enterprises, Inc $1,537,722.56
8746 Lakeshore Rd.
Angola, New York 14006
1 hereby certify that the lowest responsible bidder for the
above project is Destro & Brothers Concrete Co., Inc. and I
respectfully recommend that Your Honorable Body authorize
a contract award to Destro & Brothers Concrete Co., Inc. in
the amount of $1,245,807.20. (Base Bid of $1,132,552.00 +
[10% unit price increases] $113,255.00 equals [Total Award]
S1,245,807.20.) Funds for this project are available in our
Capital Account #31958306 - 445100. The engineer's
estimate for this work is $1.3m.
Mr. Coppola Moved:
That the above communication from the Commissioner of
Public Works, Parks and Streets dated April 22, 2004, 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
Replacement /Removal of Traffic Signals on Sycamore
Avenue and Walden Avenue PIN 5755.41, to Destro &
Brothers Concrete Co., the lowest responsible bidder, in the
amount of $1,397,739.58 (Base Bid of $1,270,672.35 + [10%
unit price increase] $127,067.23 = total award of
$1,397,739.58. Funds for the project are available in Capital
Project Account #31958206- 445100.
PASSED
AYES -9 NOES -0
NO. 16
REPORT OF BIDS
STRIPING OF CITY STREETS - 2004
This is to advise Your Honorable Body that I have
advertised and received bids on April 21, 2004
The following bids were received:
Contractor Total Bid Price
Accent Stripe Inc.
3275 N. Benzing Road
Orchard Park, NY 14127 $47,388.00
1 hereby certify that the lowest responsible bidder for the
above project is Accent Stripe Inc. and I respectfully
recommend that Your Honorable Body authorize a contract
award to Accent Stripe Inc. in the amount of $47,388.00.
(Base Bid of $43,080.00 + [10% unit price increases]
$4,308.00 equals [Total Award] $47,388.00.) Funds for this
project are available in our Capital Account
#30032106 - 445100. The engineer's estimate for this work is
$45,500.00.
Mr, Coppola Moved:
That the above communication from the Commissioner of
Public Works, Parks and Streets dated April 22, 2004, 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
Striping of City Streets - 2004, to Accent Stripe Inc., the
lowest responsible bidder, in the amount of $47,388.00
(Base Bid of $43,080.00 + [10% unit price increase]
$4,308.00 = total award of $47,388.00. Funds for the project
are available in Capital Project Account #30032106 -445 100.
PASSED
AYES -9 NOES -0
NO. 17
BRODERICK PARK CONCESSION STAND OPERATOR
On March 22, 2004 this department received proposals
from two entities interested in operating the concession
stand at Broderick Park. Proposals were received from:
Manny Lezama Rich Renaissance Niagara One Robert Rich
Way Buffalo, NY 14213
James Karamanos 1921 Abbott Rd. Lackawanna, NY 14218
Mr. Karamanos previously operated concession stands for
the Parks Department and his performance was not
successful. I have therefore declared Mr. Karamanos as a
non responsive bidder.
I therefore request authorization to enter into an agreement
with Mr. Lezama for the operation of the Broderick Park
concession stand for an annual payment to the City of
$900.00
REFERRED TO THE COMMITTEE ON FINANCE AND
CORPORATION COUNSEL
NO. 18
CHANGE IN CONTRACT
CAZENOVIA POOL
REHABILITATION
JOB #0329
SOUTH DISTRICT
I hereby submit to Your Honorable Body the following
changes for Cazenovia Pool, Rehabilitation, The Peyton
Barlow Co., C #92010843.
1. Provide and install 12" wide strip of vinyl soffit to
Add $ 1,518.00
cover rusted area on observation deck.
2.Additional costs for roof panel leaks over pool.
Add $ 1,236.00
The foregoing change results in a net increase in the
contract of Two Thousand Seven Hundred Fifty Four and
00/100 Dollars ($2,7654.00).
Summary: Current Contract Amount
$73,750.00
Amount of This Change Order ( #2) Add $
2,754.00
Revised Contract Amount
$76,504.00
Costs have been reviewed by the Department of Public
Works, Parks & Streets and were found to be fair and
equitable. Funds for this work are available in 36400106
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 April 14, 2004, be received and filed; and
That the Commissioner of Public Works, Parks and Streets
be, and he hereby is authonized to issue change order No.
2, to The Peyton Barlow Co., an increase in the amount of
$2,754.00, as more fully described in the above
communication, for work relating to Job No. 0329, South
District, C #92010843. Funds for this project are available in
36400106 445 100 - Division of Buildings.
PASSED
AYES -9 NOES -0
NO. 19
75 WEST CHIPPEWA -,
EXPAND EXISTING
SIDEWALK CAFE
(ELLICOTT DISTRICT)
ITEM NO. 114, C.C.P. 05/13/97
Mr. Michael Sherk, owner of McMonkeez and Zoo Bar
located at 75 West Chippewa Street has an existing
sidewalk cafe previously approved by Your Honorable Body
(C.C.P. # 114 of May - 13, 1997). The existing cafe measures
40' in length. Mr. Sherk has requested permission to expand
said cafe to 65' in length. The Department of Public Works,
Parks and Streets has no objection to this expansion
provided all conditions listed in the aforementioned council
proceeding are met.
REFERRED TO THE COMMITTEE ON LEGISLATION,
CITY PLANNING BOARD AND CORPORATION
COUNSEL.
NO. 20
BUFFALO NIAGARA MEDICAL CAMPUS -.
SIGNS WITHIN
RIGHT OF WAY
Ms. Amy Schmit, Project Manager for the Buffalo Niagara
Medical Campus (BNMC). has requested permission to
install signage, benches, planters and trash receptacles
within City right of way on various streets. These
encroachments would be located within the vicinity of Buffalo
General Hospital, Roswell Park Cancer Institute and other
medical buildings. The target area is bordered by Main
Street. East North Street, Michigan Avenue and Dr.
Reverend W. Bennett Smith Sr. Way (formerly Goodell
Street). These encroachments would be installed
sporadically over time as funding becomes available. This
department has reviewed this request pursuant to Chapter
413 -67 (Encroachment Regulations) of the City Charter and
has no objection to Your Honorable Body authorizing the
Commissioner to issue a "Mere License" to BNMC to install
these encroachments provided the following conditions are
met:
1. That BNMC obtain any and all City, of Buffalo permits
required.
2. That each individual encroachment is approved with
regards to location by the Division of Engineering prior to
installation.
3.That the encroachments be installed a minimum of two
feet from the curbline and that a minimum of five feet of
sidewalk remains unobstructed.
4.That sight distances as described in the New York State
Manual of Uniform Traffic Control Devices be maintained,
5.That BNMC be responsible for maintenance of said
encroachments as long as they remain within City right of
way.
6. That BNMC supply the Department of Public Works. Parks
and Streets with a certificate of insurance in an amount
deemed sufficient by the Corporation Counsel, which will
indemnify and hold harmless the City of Buffalo against any
and all loss or damage arising out of the installation, use or
removal of said encroachments.
REFERRED TO THE COMMITTEE ON LEGISLATION CITY
PLANNING BOARD & CORPORATION COUNSEL.
FROM THE COMMISSIONER OF POLICE
NO. 21
RESPONSE- DRUG ASSET FORFEITURE ACCOUNT
ITEM NO. 37, C.C.P. 03/16/04
Pursuant to request dated April 14 regarding drug asset
forfeiture funds (item #37 - CCP March 16, 2004), in
particular the heading "educational training /seminars ", be
advised the seminars /conferences to be covered by the
$70,979.51 currently appropriated under this line have not
been determined as of this date.
As mentioned at the finance meeting held April 6, funds are
budgeted into these sub - accounts upon receipt of the
revenue from the Federal government. The funds in a
particular sub - account are then either utilized for an
expenditure under that category, in this instance training
seminars, or they are moved at a later date to another sub -
account to cover an item deemed necessary and essential to
the Department. The drug asset forfeiture account is
therefore a "working" budget and changes from time to time.
Concerning your request then of what particular seminars or
conferences these funds may be used for in the future, the
following is a brief description of the established police
department process regarding these funds:
Upon receipt of a seminar or conference announcement, the
particular unit personnel will submit a request to attend. The
request includes all pertinent information regarding the
seminar and the benefit to the department.
The request is then submitted through the chain of command
and ultimately presented to the commissioner.
The commissioner will then review the request as to the
overall cost, availability of funds and the benefit to the
department. After this review, the commissioner will either
approve or disapprove the request.
If approved, notification is sent to those attending and the
normal departmental and city guidelines for travel requests
are then followed.
Furthermore, last fiscal year (2002- 2003), the department
utilized a total of $27,366 of the drug asset forfeiture funds
for training seminars and all costs associated with them.
Some examples of seminars attended are Major Cities
Chiefs Conferences, interrogation /suspect interview course,
public employee labor relations seminar, family violence
conference, advanced shooting reconstruction course, Reid
Technique of Interviewing & Interrogation (seminar
conducted in Buffalo, 24 police personnel attended, of which
10 were free due to BPD sponsoring seminar), Smith &
Wesson academy, breath analysis course, Professional
Standards training seminars (covering investigative
techniques, officers rights, complaint investigations), School
Resource Officer certification, Homeland Security training,
Domestic Violence training and topics /issues related to
domestic terrorism. In addition, travel costs associated with
interviewing and /or transport of prisoners from outside our
jurisdiction are covered, Buffalo Police Department
representation in Washington, DC for national police week to
honor officers killed in the line of duty and first responders to
seized computer crime sights (10 officers at local seminar).
These cover most of the trainings attended by various Police
personnel and are representative of the types of seminars
and conferences approved each year.
CONTINUATION OF: CITY OF BUFFALO, POLICE
DEPARTMENT
DRUG ASSET FORFEITURE
ACCOUNT
Various conferences are designed for train the trainer that
enables BPD Officers to provide in- service training. Many of
the trainings attended are local, however; there are still costs
associated with these (i.e. conference fees, supplies and
materials). Furthermore, membership fees for IACP, PERF,
Major City Chiefs & National Exec. Institute for Comm. Diina
and DPC Pelletier are covered under these funds along with
the Magloclen membership for Department (intelligence
sharing agency).
As stated before, the Department makes every attempt to
keep these costs to a minimum and also ensure that police
personnel are properly trained and are able to correctly carry
out their duties.
Considering the city's financial crisis and recent budget cuts
(zero dollars for training /travel costs), these funds enable the
department to continue to educate and train its personnel in
order to provide the necessary and essential services to the
citizens of the City of Buffalo.
If you have any further questions regarding the use of these
funds, please contact this office at 851 -4571.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE CORPORATION COUNSEL
NO. 22
REFERENDUM ON CASINO GAINING'.
(PRIOR REFERENCE NO. 169, 3/30/04)
As requested, this office has researched the legality of
whether the Common Council may submit a Referendum to
the voters on whether the residents of the City of Buffalo
Support a gambling facility in the City.
The Charter provides that the Common Council may provide
for a referendum on "any question or questions relating to a
subject upon which the council has power to act." Buffalo
City Charter Sections 3 -20 and 23 -5.
The establishment and location of an Indian gaining facility is
generally Subject to the approval of the State of New York
(via a compact) and other federal agencies without direct
local legislative involvement. As a result, it is doubtful that
the subject of casino gaming 'is one where the Council has
the power to act on anything that would invoke Buffalo
Charter Section 3 -20 and Section 23 -5.
Further, the resolution appears to call for a non - binding,
referendum to -let the thoughts of the public on casino
gaming. In that we have a representative form of
government, direct action by the people through a
referendum must be expressly authorized by State law.
(See, c. 1997
Op. Atty. Gen. (Inf) 97 -42) and we are presently unaware of
any State legislation that expressly authorizes or directs a
referendum on casino gaming.
Based on the above, it is the opinion of this office that the
question of whether the residents of the City of Buffalo
support a gambling facility in the City of Buffalo is not an
appropriate referendum item.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF PERMIT & INSPECTION
SERVICES
NO. 23
SECOND HAND DEALER
600 ELMWOOD (NIAGARA)
Pursuant to Chapter 254 of the City of Buffalo Ordinances,
please be advised that I have examined the attached
application for a Second Hand Dealer License located at 500
Elmwood and find that as to form is correct. I have caused
an investigation into the premises for which said application
for a second hand 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 Mario Campana. The attached thereto for Mario
Campana d /b /a Romance. 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 April 19, 2004 be received and filed; and
That pursuant to Chapter 254 of the City Code, the
Commissioner of Permit & Inspections Services be, and he
hereby is authorized to grant a Second Hand Dealer license
to Mario Campana d /b /a Romance located at 500 Elmwood
Avenue.
PASSED
AYES -9 NOES -0
NO. 24
USED CAR DEALER
303 HOPKINS (SOUTH DISTRICT)
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 303
Hopkins 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 Joseph Gilson. The attached thereto for Joseph
Gilson d /b /a Security Auto Service. This request is submitted
for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF ADMINISTRATION AND
FINANCE
NO. 26
ENFORCEMENT OF ILLEGAL DUMPING ORDINANCES
RES. #136 C.C.P. APRIL 13, 2004
In response to the aforementioned Resolution, please be
advised that we are in the process of preparing requested
report documenting the number of illegal dumping citations
and adjudications. We will be happy to file a report with your
Honorable Body by the 10th day of each month.
I have been asked to comment on the feasibility of utilizing
surveillance cameras to combat illegal dumping of garbage.
It is my opinion that strategically placed surveillance
cameras could be feasible in deterring illegal dumping in
particular areas. I would respectfully suggest that this be
approached as a Pilot Program, placing cameras in two or
three locations that are identified as illegal dumping "hot
spots!. This, of course, is reliant on sufficient funding to
support the purchase and installation of surveillance
cameras that can accurately capture images of persons in
the act of dumping and the license plate number of the
vehicle utilized in such act, as well as any support equipment
and maintenance packages that would be necessary to
ensure reliable results. Relying solely on the surveillance
cameras, violations could be enforced against the registered
owner of the vehicle that was used in the illegal activity.
Other municipalities have resorted to posting signs that
cameras were watching and installed fake cameras. This
may be a consideration as an additional tool to utilize in the
Pilot Program. As it would be cost prohibitive to place
numerous surveillance cameras throughout the city, posting
signs and placing several fake cameras throughout the city
along with the "five" cameras, may be an economical
approach to further deter illegal dumping activities.
Furthermore, property owners with high incidences of illegal
dumping should be encouraged to purchase and utilize
surveillance cameras to catch people illegally dumping on
their property. Property owners have a legal responsibility to
monitor and maintain their properties in compliance with city
ordinances, including removal of debris that has been
illegally dumped. It is the responsibility of the property owner
to ensure that their property is properly secured and
maintained.
Please feel free to contact me further to discuss this matter. I
will be happy to assist in any way possible.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 26
ENFORCEMENT OF NOISE ORDINANCES
RES. #161, CCP APRIL 13,2004
In response to the aforementioned Resolution, please be
advised that we are in the process of preparing requested
report documenting the number of noise ordinance citations
and adjudications. We will be happy to file a report with your
Honorable Body by the 10th day of each month. Our
department is dedicated to improving the quality of life for
the residents of the City. We work on a continual basis with
the Buffalo Police implementing and improving procedures
for issuing summonses for noise violations and other quality
of life violations in an effort to achieve satisfactory results
and improve compliance. The Buffalo Police Department
issued 466 summonses in 2003 for noise violations. We will
be happy to assist your Honorable Body in your effort to
achieve increased enforcement of noise violations and vAll
continue to work with the Buffalo Police Department to that
end.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE BUFFALO SEWER AUTHORITY
NO. 27
RECONSTRUCTION OF WHEELOCK STREET
RES. #166,CCP MARCH 30,2004
Please be advised that the Buffalo Sewer Authority
videotaped the main sewer in Wheelock Street in February
2002, and found the sewer to be in good condition.
Also, please note that sewer laterals are not the
responsibility of the Buffalo Sewer Authority.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE CITY CLERK
NO. 28
MINUTES OF THE BOARD OF ETHICS
Attached please find the minutes of the February 24, 2004
and March 22, 2004 Board of Ethic meetings.
City of Buffalo
Board of Ethics Meeting
February 24, 2004
Present:
Douglas Coppola
James Magavern
Charles L. Michaux, III
Sylvester Harold
Eleanor Paterson
Absent:
Michael Risman
Richard Sullivan
Guests:
Renee M. Caputi - Handbook Project
Brian Meyer, The Buffalo News
Item # 1) Roll Call
Item #2) Mr. Coppola moved to accept the minutes of the
January 6, 2004 meeting seconded by Charles Michaux. All
were in favor and the minutes were received and filed. The
board welcomed its newest member to the Board of Ethics,
Mr. Sylvester Harold. Mr. Harold introduced himself and
gave a little back round information about himself and his
family to the board. Mr. Coppola asked that Mr. Harold, at
the conclusion of the Ethics Meeting, go with Linda
Andersen to the Clerk's Office for swearing in and the filing
of his Annual Disclosure Statement. Mr. Harold agreed. Mr.
Coppola then explained briefly the boards' position regarding
the filing requirement of annual disclosure statements by city
employees and board members alike.
Items #3 & 4) The board received and filed its welcome letter
to Mr. Harold as well as Mr. Harold's letter of appreciation for
his nomination to the board.
Items #5) Linda Andersen presented the board with an
update on filings of the annual disclosure statements. Mrs.
Andersen explained that some departments / boards had
contacted her via telephone stating that they were unsure
and or unaware that the forms were now available via the
City's web page and or who responsibility it was to disburse
the forms to the various boards. Mrs. Andersen stated that
she sent a -mails out on 2/4/04 updating the department
heads / boards of non - filers. Mr. Magavern stated that the
Board of Ethics should have a list of what department head
the various boards fall under, if any, the name of the chair for
each board and the name of the appointing authority so that
a simultaneous reminder could be sent out. The board
moved to extend the deadline for city employees to March 5,
2004 and a deadline of March 19, 2004 to the boards. Mr.
Coppola suggested that the Mayors office notify the
departments and boards of the extension.
Item #6) The board received and filed a letter sent from Mr.
Gallagher, contact for the Parking Board, to Ms. Stephanie
Graham regarding her failure to file the 2004 Annual
Disclosure Statement with the City Clerk's Office.
Item #7) The board received and filed a letter from Mr.
James Folan where he states that his current title does not
require him to file an annual disclosure statement with the
board. The board asked that written notice of this change
come from Mr. Allen, Commissioner of Community Services.
Old Business:
Item #I.) The board discussed the non - filers fined last year
for failure to file their annual disclosure statement with the
City Clerk's Office, (Mr. Joseph Guisiana & Mr. Mclvor) Mrs.
Andersen noted that the addresses the board had for these
individuals were not consistent with the one each gave on
their 2004 statements. The board stated that since it cannot
be curtain that the individuals received proper notice that a
letter go out to them giving each a chance to respond. The
letter should also thank them for filing promptly in 2004
however make them aware that they are still obligated to file
their 2003 annual disclosure statements as well. The board
will mail the letters to the address given on their current
filings.
Item #2) Ms. Caputi spoke briefly regarding the progress she
is making in the development of the Code of Ethics
Handbook Project. Ms. Caputi suggested that should the
board members have anything that they specifically want
addressed in the handbook to please let her know. The
board spoke on certain issues they believe should be
included in the handbook and Ms. Caputi stated that she
would add those points in the project draft.
The next meeting of the Board of Ethics was set for Monday,
March 22, 2004 in room 1317 at 9:00 a.m.Meeting
adjourned.
City of Buffalo
Board of Ethics Meeting
March 22, 2004
Present:
Douglas Coppola
James Magavern
Charles L Michaux, III
Richard Sullivan
Eleanor Paterson
Excused:
Michael Risrrlan
Sylvester Harold
Mr. Magavern opened the meeting for Mr. Coppola who is
expected to be a few minutes late.
Item #1) Roll Call
At this point Mr. Coppola arrived to the meeting. Mr.
Magavern turned the meeting over to Mr. Coppola for
approval of the minutes.
Item #2) Mr. Magavern moved to accept the minutes of the
February 24, 2004 meeting seconded by Eleanor Paterson.
All were in favor and the minutes were received and filed
Items #3) The board received and filed a letter sent from Mr.
Donald Allen requesting the removal of Mr. Folan's name
from the list of individuals required to file and Amival
Disclosure Statement for the Dept. of Community Services.
Items #4) With regard to 2003 non - filers Mr. Giusiana & Mr.
Mclvor the board offered the following conclusions:
Regarding Mr. Giusiana: The board noted that since he did
not respond to die boards letter of March 9, 2004 requesting
an explanation for failure to file in 2003 the board decided to
allow Mr. Giusiana's fine to stand at $100.00. Mr. Michaux
stated that notice of the fine would be forwarded to both the
Law Dept. and Collections Division.
Regarding Mr. Mclvor: Mr. Michaux moved to have the board
rescind the imposed me of $500.00. Mr. Michaux noted that
the board had a wrong address for Mr. Mclvor therefore is
unable to verify that Mr. Mclvor received proper notice. He
also pointed out that once the board verified a correct
address for Mr. Mclvor and mailed a new request he
responded to the board with a letter of explanation and
enclosed a copy of his 2003 annual disclosure statement
which contained a City Clerk stamp dated May 20, 2003.
Therefore he (Mr. Mclvor) contends that he was unaware
that he was in violation.
The board took a moment to read Mr. Melvor's letter of
explanation. After a brief discussion between board
members Mr. Coppola concurred with Mr. Michaux to
rescind the fine.
The board accepted the motion and unanimously voted to
rescind the fine. The board asked that Mr. Michaux respond
to Mr. Mclvor notifying him of the boards' decision.
Item #5) The board moved to send one more letter
requesting that Mrs. Peggy Brooks Bertram and Mr.
Baumann please file their 2003 annual disclosure
statements with the Board of Ethics through the City Clerk's
office before its April meeting to avoid further sanctions.
Item #6) With regard to City Employees who have not filed
their 2004 annual disclosure statement the board
recommended that they receive one more written notice
stating that they must file by the April meeting to avoid
further sanctions.
Items #7 & #8) The board received and filed copies of the
e -mails and letters that went out to City Dept. Heads and
Boards regarding non - filers.
Item #9) The board made no motion on the item to distribute
annual disclosure statements in December at this meet'
Item #10) The updates regarding non - filers was discussed
and the board recommended that the individuals receive one
more notice before hearings begin.
Item #11) Informational data was received and filed by the
board.
Old Business:
Item #1.) Tabled - Development of Handbook Project
The next meeting of the Board of Ethics was set for
Tuesday, April 20, 2004 in room 1308 at 9:00 am
Meeting adjourned.
RECEIVED AND FILED
NO. 29
DOG AND ANIMAL CONTROL & PROTECTION
REFORM - PLAN
CCP 108, MARCH 2, 2004
Honorable Common Council:
1.) You have asked me to develop a plan to increase and
enforce dog licensing in the City of Buffalo.
1.) It is the responsibility of the City Clerk's Office to
issue dog licenses.
2.) It is also the responsibility of the City Clerk's Office
to issue summonses for unlicensed d9gs.
3.) It is the responsibility of the City Clerk's Office to
conduct a periodic dog census every 2 -two to 3 -three years.
In order for my office to comply to the above, I propose to
check into the feasibility of enlisting the City of Buffalo Block
Clubs to assist my office in conducting a census.
Possible set backs:
1.) There is not enough Block Clubs throughout the
City of Buffalo to accomplish this. On the positive side, most
Block Clubs are located in the areas that are most difficult to
enforce.
2.) 1 will still need to hire workers to conduct a census
in the other as.
Solution:
1.) 1 would request permission to re -hire John Verbocy, Dog
Enforcement Officer, after his retirement on an hourly basis
for a 3 -three to 4 -four month period to assist me in this task.
11.) On the issuance of summonses: we can issue
summonses for unlicensed dogs however, the summonses
have no bite and are difficult to collect or enforce. We need a
broader range of authority to make this part successful.
Possible solutions:
1.) Spend the money with Erie County to file judgements on
each.
2.) Turn over to a collection agency immediately.
3.) For all outstanding fines and summonses give dog
owners 10 Ten days to come in and pay original fines and
forgive any late charges.
111.) Dog pound personnel should increase their efforts on
picking up strays throughout the City of Buffalo on a 24 -hour
basis. A more drastic approach, in areas where there are a
lot of stray dogs, the Buffalo Police Department can be
authorized to destroy any animal found wondering the city
streets between the hours of 11:00 p.m. and 6:00 a.m. This
is a more drastic measure but would cut down on the
number of strays.
IV.) On a final note: Be prepared for the dog pound to begin
receiving more dogs as enforcement increases and more
residents dispose of their pets rather then buy a license or
pay a fine. This will also increase costs for day to day
operations at the facility.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 30
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
117 W. Chippewa No Name Given
D. Cane
581 Delaware Hutch's Belvedere
LPH
Buffalo. Inc.
333 Franklin Laughlin's Beef & Barrel
Same as
given name
126 Esser No Name Given G.
Provorse
RECEIVED AND FILED
NO. 31
LEAVES OF ABSENCE WITHOUT PAY
I transmit herewith notifications received by me, reporting
the granting of the leaves of absence without pay, in the
various departments as listed:
Public Works, Streets & Parks- F. Cavanaugh, K. Vance, Set
Police- J. Miller, R. Cruz, E. Garris
RECEIVED AND FILED.
NO. 32
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:
X Buffalo Sewer Authority - 4/14/04
RECEIVED AND FILED.
NO. 33
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
I transmit herewith appointments to the position of Council
Intern.
Mr. Coppola moved the approval of the appointments to the
position of Council Intern.
ADOPTED.
CERTIFICATE OF APPOINTMENT
Appointment Effective: April 6, 2004 in the Department of
Common Council to the Position of Intern 11, Seasonal,
Non - Competitive
at the Flat Starting Salary of: $ 5.15/hr
Leah C. Mumm, 66 Villa Ave, Buffalo, NY 14216
NO. 34
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
CERTIFICATE OF APPOINTMENT
Appointment effective 04/12/2004, in the Department of
Public Works, Division of Buildings to the position of Laborer
II, Seasonal at the flat starting salary of $8.15/hr
Cynthia Anderson, 639 Grant St Apt 2, Buffalo, NY 14213
CERTIFICATE OF APPOINTMENT
Appointment effective 04/8/2004, in the Department of Public
Works, Division of Buildings to the position of Laborer II,
Seasonal at the flat starting salary of $8.15/hr
Matthew Kreuz, 257 Bedford Aveune, Buffalo, NY 14216
CERTIFICATE OF APPOINTMENT
Appointment effective 04/5/2004, in the Department of Public
Works, Division of Buildings to the position of Laborer II,
Seasonal at the flat starting salary of $8.15/hr
Cherie Davis, 49 Humber Ave, Buffalo, NY 14215
CERTIFICATE OF APPOINTMENT
Appointment effective March 29, 2004 in the Department of
Public Works, Division of Buildings to the position of Laborer
II, Seasonal at the flat starting salary of $8.15/hr
Karen Cassidy, 196 Mackinaw Street, Buffalo, NY 14202
Nicole Cannarozzo, 29 Danforth St, Buffalo, NY 14213
CERTIFICATE OF APPOINTMENT
Appointment effective March 22, 2004, in the Department of
Public Works, Division of Buildings to the position of Laborer
II, Seasonal at the flat starting salary of $8.15/hr
Ann Parot, 10 South Street, Buffalo, NY 14204
NO. 36
APPOINTMENTS - TEMPORARY, PROVISIONAL OR
PERMANENT
I transmit herewith Appointments in the various
departments made at the Minimum (Temporary, Provisional
or Permanent) (as per contract requirements) .
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
CERTIFICATE OF APPOINTMENT
Appointment Effective April 22, 2004 in the Department of
Community Services, Division of Contract Administration
to the Position of Attendant TEMPORARY APPOINTMENT
at the
David Young Jr., 25 Lamont, Buffalo 14207
CERTIFICATE OF APPOINTMENT
Appointment Effective: April 21, 2004 in the Department of
Community Services Division of Contract Administration
to the Position of Attendant, TEMPORARY APPOINTMENT
at the FLAT Starting Salary of $ 6.00 per hour
Stpehen Franklin, 200 Whitfield, Buffalo 14220
CERTIFICATE OF APPOINTMENT
Appointment Effective: April 16, 2004 in the Department of
Community Services Division of Contract Administration
to the Position of Attendant, TEMPORARY APPOINTMENT
at the FLAT Starting Salary of $ 6.00 per hour
Scot Crist, 206 Norwalk, Buffalo 14216
Frank Goncarz, 106 Ryan, Buffalo, NY 14210
CERTIFICATE OF APPOINTMENT
Appointment Effective: April 15, 2004 in the Department of
Public Works, Division of Streets to the position of Street
Worker, Permanent, non competitive at the minimum
Starting Salary of
$ 28,779 per hour
Nicholas Derfert, 103 Pontiac, Buffalo, NY 14206
CERTIFICATE OF APPOINTMENT
Appointment Effective: April 19, 2004 in the Department of
Public Works, Division of Water to the position of Calker,
Temporary Appointment at the minimum Starting Salary of
$33,392.00
John F. Kennedy Jr, 11 Kofler Avenue, Buffalo, NY 14207
Appointment Effective: April 12, 2004 in the Department of
Public Works, Division of Water to the position of Calker,
Temporary Appointment at the minimum Starting Salary of
$33,392.00
Jeffrey Campeau, 407 Huntington Ave, Buffalo, NY 14214
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
NO. 36
R. ANTHONY - SENECA NATIONS OF INDIANS -INFO
CLASS III GAMING
April 16, 2004
Dear Mr. Fontana:
I must respectfully decline your invitation to the Special
Session of the Buffalo Common Council. The Seneca Nation
of Indians has made their decision to establish Class III
Gaming in Cheektowaga, New York. Therefore, it is
unnecessary for me to attend this meeting
Sincerely,
Rickey L. Armstrong, Sr., President
SENECA NATION OF INDIANS
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 37
CONCERNS 463/467 NORTHLAND AVE
Dear Councilmembers,
I am writing to officially notify the City of Buffalo about an
illegal automobile repair and collision shop at 453/457
Northland Avenue that is a source of health threatening
hazardous fumes and pollution.
It is my understanding that before any action can be taken
against the City of Buffalo for negligence in proper
enforcement you must first be put on notice and given an
opportunity to correct the problem. Please consider this letter
official notice to the City. I am further requesting that this
letter become part of the Common Council's proceedings,
and be entered into the City of Buffalo's Hazards Book as an
official notice of the hazardous conditions existing at 453/457
Northland Avenue.
I have attempted without success to report the hazards at
453/457 Northland Avenue to the Commissioner of Permits
and Inspections, the Buildings Department, the Fire
Department, the Mayor's Hotline, the County Health
Department, the New York State Health Department, the
New York Department of Environment, Senator Byron Brown
and Councilmember Antoine M. Thompson. The State said
call the County, The County said call the City, the Senator
said it's a city problem so call your councilmember, My
Councilmember's secretary said " I'll get back to you" at least
four times, and I'm still waiting for her call.
While I am waiting, my two teenage daughters are
developing health problems due to the fumes and dust from
the repair shop. My plants are dying, I have to protect my
dishes in plastic bags to keep them clean. Our clothing is
permeated with dust from the shop. The fumes and white
dust constantly filtering into my home has also affected my
health. I am a 78 year old homeowner who has lived in the
same house for 30 years. However, this March I was
overcome by fumes and friends had to take me to Sister's
Hospital. After being kept in the hospital a week, after
discharge I was forced to purchase air filtration systems for
my home just to continue living in my own house.
I am more than willing for inspectors to see the conditions in
my home resulting from this illegal business. Inspecting
453/457 Northland Avenue might be more difficult since they
maintain a surveillance camera in a tree to help them keep
out unwanted visitors and inspectors.
Certain facts concerning this Illegal business are
pertinent;
1. It is an illegal and unlicensed automobile repair and
collision shop located in a residential neighborhood. It
operates only at night and may well be a chop shop.
2. Strong noxious fumes emit from the garage day and night.
On September 26, 2003, my carbon monoxide alarm in my
home went off and I call the Fire Department. Who told me
that the CO level was above normal in my house and in my
driveway. The source of the carbon monoxide was 453/457
Northland Avenue.
3. 1 called the Mayor's Hotline and reported the operation.
The operator referred me to someone else to report this
illegal operation and I was told it was " On file" and action
would be taken. However no action has been taken by the
city to date.
4. In November 2003, at around 2:OOam, I noticed someone
whom I believe came from that business putting something
on the street near 462 Northland Avenue and my house 460
Northland Avenue. Later in the morning I went out and saw
where he had spread a large quantify of some white
substance on the street. I contacted the Fire Department
who came and wash the street down, telling me that the
substance was usually spread over oil. I have photographs
of the white substance but I do not know what it was
covering up.
5. On December 23, 2003, 1 smelled fumes and went to
453/457 Northland Avenue. The place was locked up and I
returned home. When they opened the door a little later, I
returned to talk to the owner, Garry Baker about what he
was doing to our health. He said if I smelled fumes again, to
call him and gave me his number. I did reach him once, but
he didn't do anything about the problem.
As you can tell, I am extremely concerned about this
problem and frustrated that no one in the position to do
anything seems to care. This is how neighborhoods are
destroyed and I would think that officials would want to do
whatever they can to support residents who care about their
City.
I look forward to hearing from you concerning what actions
you intend to pursue and when. Thank you in advance for
your diligent attention to this matter.
REFERRED TO THE COMMITTEE ON LEGISLATION,
COMMISSIONER OF PERMITS & INSPECTION, AND
COPORATION COUNSEL.
NO. 38
BOARD PACKET DOCUMENTS -JOINT SCHOOL
CONSTRUCTION
Attached are the following documents from the April 7,
2004 Joint Schools Construction Board Meeting.
• Draft Agenda
• Meeting Minutes from JSCB Meeting dated March 3, 2004
• Application and Certificate for Payment No. 20 - March
2004
PPDS Team Progress Report - March 2004
RECEIVED AND FILED
CIMINELLI CONSTRUCTION -BOARD PACKET
DOCUMENTS 4/19/04 -JOINT SCHOOLS CONST BOARD
Memorandum
Attached are the following documents from the April 19,
2004 Joint Schools Construction Board Meeting.
Draft Agenda
Meeting Minutes from JSCB Meeting dated April 7, 2004
Development and Diversification Plan for Workforce and
Businesses
Bevlar & Associates, Inc. Construction Contract Monitoring
and Compliance Services Monthly Report February 2004
RECEIVED AND FILED
NO. 40
M COPPOLA -REQ FOR LEGAL OPINION MAYORS
BUDGET COUNCIL ACTION
Please have this item filed for the next Common Council
meeting, which is scheduled for April 27, 2004.
Thank you for your assistance.
Sincerely,
Marc A. Coppola
Council Member
In anticipation of the Fiscal Year 2004 -05 City Budget
submission and approval process, we hereby request your
advice and opinion regarding the interpretation and intent of
the following City of Buffalo Charter sections:
Sec 20 -3 Mayors Budget. "On or before the first day of May
each year, the mayor shall submit to the council a budget..."
Sec 20 -8 [Council's] Action on the Budget. "...if however, the
budget as passed by the council contains any such
additions, it must be presented by the city clerk to the mayor
on or before ... the twenty- second day of May..." [added]
Specifically, May I and May 22, 2004 are Saturday's and
traditionally considered to be nonbusiness days. Is it
appropriate for the Mayor and the Council to satisfy their
respective charter requirements on the next business day,
i.e., Monday - May 3 and May 24 respectively, or is each
required to meet their respective charter requirements no
later than the preceding business day, i.e., Friday April 30
and May 21 respectively?
Your prompt response will alleviate any confusion or
misinterpretation of the cited charter requirements. If we can
be of further assistance with this issue, please contact my
office at 8515155.
REFERRED TO THE C(OMMITTEE ON BUDGET AND
CORPORATION COUNSEL
NO. 41
LAYOFF NOTICES SUPV OF BLDG CONST II
Dear Mr. Wanamaker:
I received your letter dated April 7, 2004 stating that I would
be laid off as of April 30, 2004. After discussing the lay off
with David Sengbush and Pamela Walker, I realize that this
appears to be an effort to abolish the title of Supervisor of
Building Construction because all current Supervisors of
Building Construction are on the layoff list. I believe the
number one question to be answered is, who will do this
work?
I started with the City of Buffalo in 1982 as a Building
Inspector, moved to Supervisor of Building Inspection and
was then promoted to my present title of Supervisor of
Building Construction 11. Over my twenty -one plus years
with the City, I have overseen projects totaling more than
$25 million dollars. Some of these projects are as follows:
Market Arcade Allendale Theater Scajaquada Path
Demolition of War Memorial Stadium McCarthy Park Schiller
Park Schiller Park Senior Center Addition CRUCIAL (School
62) Cazenovia Spray Pool New Concession Stands at
NO. 39
Broderick Park, McCarthy Park, Conway Park and Glenny
Park.
There are ongoing projects and projects ready to be bid
totaling approximately $6 million dollars. (Please see
attached sheet) The Supervisor of Building Construction is
the person that oversees these projects from the start to
finish, including pre- construction meetings, daily inspections,
by weekly sometimes weekly job meetings, punch list
inspections and ending with the final inspection and approval
of the final voucher. (Please see the attached job
description) We are the people that are the eyes and ears of
the Mayor, the Common Council and the taxpayers. We
make sure that the contractors' work is completed according
to the specifications and drawings and that the quality of the
work is acceptable.
As a life time resident and taxpayer of the City of Buffalo and
someone that has dealt with contractors for a long period of
time, I would hope that there would always be someone to
oversee the expenditure of my tax dollars and that of all city
taxpayers.
I am asking that you reconsider laying off the Supervisors of
Building Construction because I think I have shown their
value not only to BURA, the department I work in but also to
the City of Buffalo. I also realize the financial plight of the
City; however it is my understanding that BURA has recently
been sighted by HUD for exceeding the administrative guide
line expenditures. The Supervisors of Building Construction
do not fall into this category and the Control Board should
not see these layoffs as an administrative savings.
The action by the City would force me into retirement
seventeen months prior to the regular retirement age of
sixty -two. This will pose a significant hardship for me and my
family. My only recourse, and one I do not want to pursue, is
to file a grievance and /or court action to protect my future. I
am hoping that you will reconsider your position and keep
not only me, but all of the supervisors working these
important positions.
Please notify me in writing prior to April 30, 2004 as to your
position on my pending layoff. Thank you in advance for your
thoughtful consideration to this matter.
Sincerely,
Michael V. Frost
Supervisor of Building Construction 11
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
AND DIRECTOR OF STRATEGIC PLANNING.
NO. 42
A GIACALONE- ISSUES RAISED AT 3/30/04 PUBLIC
HEARING ON PROPOSED WOM CHILD HOSP HELIPAD
I have the following questions for the Common Council
regarding issues raised during the 3/30/04 public hearing on
the proposal to construct and operate a helipad at Women &
Children's Hospital on Bryant Street:
1. Has the Common Council obtained information from
Praxair regarding its three external oxygen tanks? If so, what
does it state?
As I stated during the public hearing, PRAXAIR'S
SILENCE TO DATE IS DEAFENING REGARDING THE
ABILITY OF ITS TANKS TO WITHSTAND THE IMPACT
OF A MOVING HELICOPTER. Nowhere in the submissions
to the City can one find any data regarding the specifications
and tested capacities of Praxair's tanks. Without such
information, the Common Council lacks a reasonable basis
for concluding whether or not the proximity of the tanks to
the proposed helipad site and nearby residents creates a
safety hazard.
One would assume, if the tanks were, in fact,
capable of withstanding a collision with a helicopter, that the
manufacturer of the oxygen tanks would want to publicly
document that fact in order to ensure its customer and the
nearby residents. In light of the media attention given to the
proposed helipad and my clients' concerns, Praxair's silence
is extremely troubling. Equally troubling is the anecdotal
evidence relied upon by the hospital in asserting that, "the
oxygen tanks are designed so well they have withstood
terrorist attacks." The applicants' expert [who apparently has
not visited the Bryant Street site] has provided NO
information regarding the physical characteristics of the
South American tank shown in the submitted photo, and fails
to provide any data to allow an objective comparison
between the tank shown in Mr. Barlen's aptly entitled "story"
and the Praxair tanks. What is clear, nonetheless, from even
a cursory review of the photo provided by the applicant is
that the tank that allegedly withstood "a shoulder launched
rocket" attack is much, much larger than the Praxair tanks
located at WCHOB.
2. Has the Common Council obtained any documentation to
support Dr. Lana's unsupported assertion that the oxygen
tanks are located 61 feet from the FA TO (Final Approach
And Take off AREA)?
As you may or may not know, the hospital did NOT provide
either me or my clients with a copy of its "report" prior to the
3/30/04. 1 would not have been aware of the so- called I I
5 -page report I prior to the hearing if it were not for a phone
call from a
' Note: All but approximately 12 pages of the "I 15 -page
report" consisted of previously submitted papers that had not
addressed, in any substantive manner, my clients' safety
concerns.
newspaper reporter on the afternoon of 3/29. It was not until
the morning of 3/30 that I had any opportunity to hurriedly
review the "report" and the new assertions. Nowhere in the
documentation was I able to find any diagrams or text
addressing the location of the oxygen tanks in relation to the
proposed FATO. I was surprised, therefore, when the
hospital's spokesperson at the 3/30/04 public hearing Dr.
Lana, asserted that the oxygen tanks are located 61 feet
from the FATO, or I I feet more than the 50 -feet minimum for
liquefied gas storage tanks established in NFPA 418
( "Standards for Heliports ").
Has the hospital submitted additional drawings or
documentation to establish its claim that the actual distance
between the oxygen tanks and the helipad's proposed
FATO? The diagrams depicting the helipad's FATO
contained in its original submission [and included in its
recent "report "] show a flight path in which the helicopters
are approaching from the northeast. Nowhere is there a
diagram depicting the FATO vis -Avis the oxygen tank facility.
It is incumbent on the applicant to provide an accurate
diagram of its currently proposed FATO [directly from the
north], reflecting the helicopter's altitude as it flies over the
tanks, and the distance between the FATO and the tanks. A
precise depiction of the FATO is crucial given the NFPA
418's 50 -foot minimum, and the requirement in the FAA
advisory circular [AC 150/5390 -2A] that both the FATO and
an adjacent "safety area" be free and clear of any possible
obstructions:
55. SAFETYAREA. A safety area having a width equal to
113 the rotor diameter of the design helicopter, but not less
than I Outlet (3 m), surrounds the FATO. The FATO and the
safety area should be free and clear of objects such as light
poles, buildings, trees, and parked autos which could be
struck by the helicopter's main or tail rotor, or catch the
skids, of an arriving or departing helicopter.
Establishing the accuracy of Dr. Lana's assertion is
important given the fact that his measurement of 61 feet
would place the oxygen tanks a mere I -foot outside the
FAA's mandatory "safety area ". As lead agency, the
Common Council must assure itself that compliance with the
"minimum" requirements are adequate given the proximity of
the helipad and tanks to the nearby residences.
Furthermore, an error in the measurement of even 1. 1 feet
would place the oxygen tanks within the required "safety
area ".
3. Has the applicant provided the Common Council with any
data and information regarding "accident rates " of EMS
helicopters, in contrast to the 'fatal accident rate "figures
addressed in the hospital's 313 0104 presentation?
My clients' consultant, Dr. Hynes, advised this body of his
concerns regarding the "extremely high accident rate" of
EMS helicopters. Rather than addressing the issue of
accident rates, the applicant has distorted the concerns by
asserting figures regarding "fatal accident rates ". It is my
clients' position that the important question for the Common
Council is not the likelihood of a fatal accident, per se, but of
any type of helicopter accident at the proposed Bryant Street
site. Given the congested urban nature of the proposed
helipad location, the proximity to homes, businesses, etc.,
my clients continue to ask: What could happen to individuals
on the ground or in nearby homes if an accident were to
occur at or near the proposed Bryant Street helipad similar in
nature to the one that occurred to a Mercy Flight helicopter
in June 2003. To date, this question has not been answered.
Thank you for considering these questions prior to making
your Determination of Significance and voting on the
proposed helipad application.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
CORPORATION COUNSEL
NO. 43
NORMAL AVENUE BETWEEN PENNSYLVANIA AND
PORTER AVENUES PROPOSED NAME CHANGE TO
"KLEINHANS PLACE."
Dear Council Members:
It was a pleasure speaking before you on April 13, 2004
regarding my proposal to change the name of Normal
Avenue between Pennsylvania and Porter Avenues to
"Kleinhans Place." For purposes of brevity, I will not reiterate
my reasons and policy for advancing the name change, but
will limit the contents of this letter to addressing what I
anticipate are new concerns regarding the proposal.
As you are aware, Michael Miano of 287 Jersey Street
attended the meeting as well and spoke in opposition to my
proposal. As an officer of the law and champion of
democracy, I appreciate and respect every citizen's right to
speak their peace and voice their opinion on government,
and believe that the Buffalo Common Council is the
appropriate vehicle for those liberties. However, as you are
aware, Mr. Miano spoke very passionately about why he
opposes the change, and in so doing, very irresponsibly
communicated untrue and misleading information and
allegations regarding myself and my family personally, in
addition to falsely communicating that the Allentown
Association, Preservation Coalition. U.S. Postal Service,
Department of Public Works, and Community Residents,
were opposed to the change.
Because Mr. Miano's statements were completely
unfounded, and because I spoke first at the meeting and did
not have an opportunity to rebut these allegations, I would
like to take this opportunity to clean up the quagmire in this
letter to you today, and explain why the typical public policy
concerns with street name changes are not at issue in this
particular situation.
I PURPOSE AND INTENTION
I believe it is important to clear up the false information
relayed to you by Mr. Miano regarding my family and me
personally. Mr. Miano accused my husband and I of being
rich, white, powerful real estate developers from the suburbs
seeking this name change in order to drive Blacks and
Hispanics out of the neighborhood solely for profit.
Please be advised that my husband Tom and I are 27 and
28 years old with a one -year old son. We live at 62 Highland
Avenue in the Delaware District, which is a single family
home purchased by myself in September 2000. Before
moving to 62 Highland Avenue, I purchased a two - family
home at 41 College Street in Allentown in 1999, where I
lived up until my husband and I were married and ready to
expand our family.
At that point, we moved to our home on Highland Avenue,
and began renting out the two unit on College Street, which
we still maintain and rent out today. Because we are
committed to the City, we decided to purchase another rental
property located at 54 Normal in August, 2003. Because my
husband and I are recent graduates of UB Law School, class
of 2001, we purchased these income properties to
supplement our income since we are now repaying
substantial student loans that financed our education.
Without getting into the nitty gritty, as set forth above, we
may be white, but we sure ain't rich and powerful. We've
worked hard to learn about government process, and we've
used the knowledge to help us to have a voice in local
government today.
11. THE ALLENTOWN ASSOCLATION AND
PRESER VA TION COALITION ARE NOT OPPOSED TO
THE NAME CHANGE.
I was surprised to hear Mr. Miano testify that the Allentown
Association was opposed to the idea, and was shocked to
hear him quote Elizabeth Licata that day.
I am a member of the Allentown Association (Mr. Miano is
not), and the Allentown Association's official position on the
issue, as relayed to the Kleinhans Community Association,
was simply that an official position was not taken, but that it
supports al I neighbor associations in the community who
advance positive change.
After the meeting, I contacted the Allentown Association via
Ms. Licata, who promptly responded relaying her shock for
Mr. Miano's actions. A copy of our email correspondence is
attached to this letter as Exhibit A, wherein Ms. Licata
clarifies the Allentown Associations official position on this
issue. In addition, please be advised that I have asked the
Allentown Association to issue a formal letter to the Council
to clear up the confusion caused by Mr. Miano's blatant
misrepresentations.
I was equally surprised to hear Mr. Miano testify that the
Buffalo Preservation Coalition took issue with the name
change proposal.
The Kleinhans Community Association contacted the
Preservation Coalition before the meeting, and its position
mirrored that of the Allentown Association; i.e. it had no
opinion except that it backs neighborhood organizations in
positive change so long as historic buildings are preserved.
After the meeting, I contacted Scott Field of the Preservation
Coalition, who promptly responded by relaying his shock for
Mr. Miano's actions. A copy of our email correspondence is
attached hereto as Exhibit B wherein Mr. Field clarifies the
Buffalo Preservation Coalition's position on this issue.
III. SAM HOYT HAS NOTHING TO DO
WITH THE PROPOSED NAME CHANGE
Mr. Miano accused me of having a "special relationship" with
Sam Hoyt, and went as far as to advance some sort of
conspiracy theory for using my special powers to put him in
the Mayor's seat. For the record, I have never met Sam
Hoyt, and Sam Hoyt, I am sure, has absolutely no idea who I
am. I really don't know what else to say about this one
because it is so ridiculous.
IV. THE US POSTAL SERVICE
ENDORSES THE PROPOSED CHANGE FOR THE
BLOCK.
For good reason, the U.S. Postal Service normally objects to
street name changes because it causes confusion in mail
routing software, which in turn, may result in errors in mail
delivery. However, the U.S. Postal Service does not object to
the name change in this case because the block is very
small, it consists mostly of a parking lot, and most of the
houses on the block are vacant
I spoke at length with Michael Lonski, supervisor of the U.S.
Postal Service administrative office at 1200 William Street,
regarding this matter, where he explained that the normal
concerns are not present in this situation, and reiterated the
U.S. Postal Service's position that it ENDORSES the name
change. Mr. Lonski prepared an official letter documenting
this position which is attached hereto as Exhibit C.
V. PUBLIC WORKS IS NOT OPPOSED
TO THE NAME CHANGE
Although the Department of Public Works, Parks, and
Streets generally opposes street name changes for the
same reasons as the U.S. Postal Service, it does not oppose
the name change in this case because the normal concerns
regarding public confusion are simply not present under
these unique circumstances.
I personally spoke with Mr. Daniel E. Kreuz of Public Works,
who confirmed this position. Please be advised that I have
requested an official letter documenting the above, however
Public Works is unable to produce a letter due to time
constraints. At the Council's permission and request, I would
be happy to forward the letter for consideration when I
receive it.
Vi. KLEINHANS MUSIC HALL ENDORSES
THE NAME C11ANGE AND HOPES TO PRO VIDE THE
COUNCIL WITH A CCURA TE INFORAM TION
REGARDING THE KLEINHANS FAMIL Y AND THEIR
GENER 0 US CONTRIB UTIONS TO 0 UR CITY
Mr. Miano spoke at length about Edward Kleinhans himself
not being worthy of the honor due to his "rich, powerful,
whiteness."
I contacted management at Kleinhans immediately after the
meeting in order to gather accurate information on Mr.
Kleinhans and his generous philanthropic efforts for the arts
and the Lower West -Side community. The people at
Kleinhans were equally shocked by Mr. Miano's irresponsible
and outrageous testimony, and they have graciously
volunteered to provide me with a package of accurate
infori- nation regarding Edward Kleinhans and his family, and
what they have done to promote minority cultures through
their donations to the community.
Kleinhans supports and name change, and is in the process
of preparing a letter of support to be forwarded to you along
with the informational packet on the Kleinhans family.
However, because of the President's visit this past Tuesday,
the letter and packet will not be ready until Monday, April 26.
With the Council's permission, I will forward these
documents to you as soon as they are available.
As an aside, this only this block of Normal Avenue was
completely closed off from traffic completely the morning of
Mr. Bush's visit, which provides strong evidence of the
unique situation of the block to Kleinhans Music Hall.
VIII THERE IS NO OPPOSITION
FROMANY OF THE RESIDENTS OF THE BLOCK.
When the name change was first proposed, I wrote letters to
every property owner on the block and sent those letters via
regular mail and certified mail return receipt requested. Only
one property owner, James Harmon, responded, and when
he did, be enthusiastically conveyed his support for the
proposal.
Right before the April 13, 2004 meeting, Nick Bonifacio
received an email from Mr. & Mrs. Juan Ojeda of 48 Normal
Avenue, an elderly couple on the block, which conveyed
there opposition to the change. As such, Mr. Bonifacio had
reservation, with good cause, about going forward with the
proposal.
I subsequently relayed this information to Carlos Benitez,
Vice President of the KCA, who informed me that Mr. And
Mrs. Ojeda are his wife's the aunt and uncle, and are both in
their late 80's. As such, Mr. Benitez confirmed that they are
not opposed to the name change, and further confirmed that
the email could not have come from them because they do
not own a computer, and have never even used a computer
much less email in their lifetime.
As an aside, Mr. Ojeda confirmed that the property at 50
Normal across the street is vacant, and he also relayed that
he looks after the property and voluntarily does routine
maintenance to prevent neighborhood decay.
I planned to confirm the above in writing from Mr. Ojeda,
however, due to time constraints, I am unable to attach his
letter as an exhibit today. With the Council's permission and
at its request, I will produce this documentation as soon as it
is available.
Ex MR. MJANO DOES NOT LIVE ON THE BLOCK,
AND SOME CITIZENS THAT SIGNED HIS PETITION "FELT
BULLIED AND HAND NO IDEA WI -1AT THEY WERE
SIGNING."
Mr. Miano does not live on the block of Normal concerning
the proposed change. As a matter of fact, he does not live
on Normal Avenue at all.
Michael Miano lives three blocks down and around the
comer at 287 Jersey Street. Although Mr. Miano claims to
have elicited signatures on a petition opposing the name
change, I have not seen a copy of his petition. However, I
have been informed by the KCA that there was no real
neighborhood representation in the signatures elicited by Mr.
Miano, and that people who had signed his petition had
since contacted the KCA telling them that they "really didn't
know what they were signing7 and "are sorry that they had
done so after reading about the proposed name change" in
the Article published by the Buffalo News of Saturday, April
17'. A copy of the email correspondence documenting these
incidents is attached hereto as Exhibit Q.
Please be advised that I have prepared a Petition that was
signed by the active residents who participate in the
neighborhood by attending the monthly meetings of the
Kleinhan's Community Association. A copy of that Petition is
attached hereto as Exhibit E.
X. THE PROPOSED NAME CHANGE
HAS HAD AN OVERWHELMING POSITIVE IMPACT ON
LOWER WEST SIDE REVITALIZATION SINCE THE IDEA
HAS BECOME A PUBLIC TOPIC.
Up until the April 17' Article in the Buffalo News regarding
the proposed name change, the property at 50 Normal
Avenue was a problematic eyesore for the neighborhood.
That property was purchased by out -of -town investors, and
has been on the market for sale for a number of years for
sale "as is" in a dilapidated condition.
Immediately after the article was published, I was informed
that a young professional placed an offer to purchased that
property. My source informed me that the purchaser is
excited about the neighborhood, and plans to restore the
property to its original splendor. Due to time constraints, I
have been unable to ascertain this individual's name and
contact him regarding this matter, but plan to request a letter
of support from him for the Council as soon as possible.
The April 17' article also brought impassioned interest from a
former resident of my property at 54 Normal. Ms. Judith
Geer wrote me a letter after reading the article in the Buffalo
News, and as she states in her letter, "I read with interest the
story ... and am pleased that a young, caring family such as
yours is the steward of the property." A copy of her April 10,
2004 letter is attached as Exhibit "F."
XI. CONCLUSION
Based upon the foregoing, I respectfully request that the
Buffalo Common Council vote in favor of changing the name
of the block to "Kleinhans Place" on Tuesday, April 27, 2004.
In the alternative, I ask that the Council adjourn this item for
its next meeting in order to allow me time to gather the
letters of support mentioned herein for the Council's review.
As always, thank you for your consideration and attention to
this matter, and I invite you to contact me at the above with
any questions.
Very truly yours,
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 44
VARIOUS REPORTS FOR
MBEC COMMITTEE
Please file the attached Three (3) Department Reports
from:
1) Joint School Construction Board (JSCB) -
Ciminelli Construction
2) Buffalo Municipal Housing Authority (BUMA)
and
3)Buffalo Economic Renaissance Corporation
(BERC)
That was presented to the MBEC Committee on Monday,
April 19,2004.
Please refer to the MBERC Committee.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR
REVIEW
REFERRED TO THE MINOORITY BUSINESS
ENTERPRISE SPECIAL COMMITTEE
NO. 46
INITIAE NEW EDUCATIONAL & EMPLOYMENT
INCENTIVES
I had been an active member of the Good Neighbor's
Planning Alliance since July of 2003. That project is located
in City Hall -at the Mayor's Office of Strategic Planning
(OSP). That alliance is about Comprehensive Planning for
the eleven planning communities in this city of Buffalo. My
interest in the GNPA has been with the Population and
Employment Projections for disabled adults. Since year
2001, I've been trying to initiate new educational and
employment incentives I had written letters to different
officials, and I had informed them of the reasons for
non - traditional modified and accredited academic programs
(NTAP). The programs that I'm requesting are for adults that
are developmentally disabled with diverse and impaired
learning capacities (DILC). Many of them have functional
limitations in their self -care, mobility, learning, and in
economic self - proficiency. There are many of them that don't
have transferable skills and or experience for marketable
employment that they need to become financially
independent Non - traditional accredited programs (NTAP)
could eliminate some or all of the gaps between their ability
and performance to learning marketable skills! Education
projections are needed in these areas for disabled adults
that have DILC: Exclusive modifications in academic
admission testing from universities, colleges, and other
public and private learning institutes. In curriculums that
must be modified and accredited, designed to fit their
different size learning capacities. In civil service tests, and
certificate and degree state -test examinations.
My.initiation of new academic programs are needed for
improved Work Incentives. The new infrastructure would
need to be as an inclusion to all of the existing office
programs that are currently for the disabled. In year 2002, 1
had addressed a letter to the NYS Developmental
Disabilities Planning Council (DDPC). In 2003, 1 had filed a
letter with the common council's Education Committee. My
filed letter was heard by the former council member -Mr.
Charley H. Fisher -in September of 2003. He had then
forwarded my claim to council member -Mr. Brian Davis. The
NYS DDPC, could playa major role in helping the disabled
adults with DILC. The Federal Developmental Disabilities
Assistance and Bill of Rights Act (D.D.Act) could assist funds
to the new infrastructure. NTAP are needed for employment
transitions among these other kinds of people too: People
that are living in shelters for the homeless, the disabled
adults and senior citizens that need more monies to pay
medical costs and prescriptions. The homeless that lives on
the streets, the disabled and non - disabled with and without
children, school age adolescents that have and don't have
babies, and the unskilled and skilled unemployed. The
former and present people of prison, mental health
treatment, and drug rehabilitation. The disabled and
non - disabled with and without mental illnesses, and the work
reform for welfare recipients, with and without children! This
past March, I had written a letter to the city's Control Board. I
had asked if they would see to, that non - traditional
accredited programs be largely included in the spending plan
of Buffalo's budget. Law makers from the state of NY, may
have been giving funds for a new or improved infrastructure.
However, if the funds were assigned, then there must have
been a lot of mismanaging.
The control board is helping in shaping the spending plan
that Mayor - Masiello must submit to the council in May I
need the request for NTAP, to be submitted to the education
and legislative committee. I will need to know which member
of the common council would present my claim. I'll want to
attend to the committee when my claim is to be heard;
therefore, I'll need to be notified of the date.
REFERRED TO THE SPECIAL COMMITTEE ON
EDUCATION
No. 46
Re: Item # 19, C. C.P, April 6, 2004
Dog & Animal Control Protection Reforms
This is in response to the Legislation Committee's
request for additional information regarding New York State
Agriculture & Market Spay /Neuter Assistance Program
currently being run at the City of Buffalo Animal Shelter.
Traditionally, since inception of our animal adoption
program, New York State Department of Agriculture &
Markets, supplied vouchers to the Animal Shelter which
would subsidize the spay /neuter of any companion animal
adopted from our shelter. At the time of adoption, the
adoptee is provided with a New York State voucher which
can be used at any participating veterinarian of their choice
for a total cost to the adoptee of $30 dollars. This formula
results in the State contributing approximately 80% of the
veterinarian fee schedule through the use of this voucher.
This program has supported our adoption program and
made the adoption of any companion animal from our shelter
much more affordable. Until December of 2002, we were
supplied 50 vouchers a month which would arrive in a timely
and consistent manner. With the approximately 600
vouchers we receive annually, we were able to supply all of
our adoptees with spay /neuter vouchers through this
program.
Since December of 2002, the vouchers have been supplied
to the shelter very inconsistently. Without the steady supply
of these vouchers, our adoption program has suffered
greatly. I have contacted New York State Department of
Agriculture & Markets regarding this matter and have spoken
with Principal Clerk, Roberta Brooks, whom is
knowledgeable with the distribution of the spay /neuter
vouchers to determine how these vouchers are allotted to
each municipality. I have been informed that the voucher
distribution is calculated randomly by a computer. I question
the fairness of this practice, and how efficiently this program
is currently being run. The City of Buffalo Animal Shelter is
the largest animal control facility in Western New York, and I
feel our needs must be taken into consideration when
determining how many vouchers are allotted to our program.
Based upon yearly adoption statistics, the City of Buffalo
Animal Shelter currently requires nearly 65 vouchers a
month to supply the Adoption Program with the adequate
amount of vouchers. I cannot stress enough how imperative
the vouchers are to our adoption program. Not only do they
help save homeless animals, but they also assist the people
and families who want to offer them homes.
I welcome your assistance in trying to obtain the vouchers
we desperately need. This program is very important to the
shelter, the community, and all the homeless companion
animals that are assisted through its existence. For many it
is the difference between life and death. Please read the
attached letters which I have included for your review. I have
also contracted State Assemblyman Sam Hoyt's office for
assistance concerning this matter. Any assistance you can
provide to obtain the needed vouchers would be greatly
appreciated.
REFERRED TO COMMITTEE ON LEGISLATION
NO. 47
CCP# 156 3/30/04 Resolution
RESPONSE WATERFRONT LAND
LAND OWNERSHIP
This letter is submitted in response to the March 30, 2004
Resolution introduced by Councilman Golombek regarding
certain waterfront land commonly known as the Small Boat
Harbor that the Niagara Frontier Transportation Authority
( "-- NFTA ") has contracted to sell to the New York State
Office of Parks, Recreation and Historic Preservation. The
main premise of the resolution is that the City of Buffalo and
not the NFTA is the owner of the land that is now being
transferred to the State of New York. That is clearly not the
case. The land in question is owned by the NFTA.
The City of Buffalo deeded the waterfront land at issue to the
Niagara Frontier Port Authority on December 27, 1957. The
Port Authority took title to the property pursuant to the deed,
which further provided that title to the property would vest in
any successors to the Port Authority.
The 1969 Act that consolidated the Port Authority with the
NFTA provided that "[a]II existing rights, property and
revenues of the port authority including, without limitation,
each of its projects as defined in section thirteen hundred
one of the public authorities law ... are hereby
vested in the transportation authority." The Small Boat
Harbor was one of the projects defined in section 1301.
There is nothing, that precludes the NFTA from selling the
property in question. The only restriction in the NFTA's
enabling legislation is that when and if the NLFTA as an
entity dissolves or its existence is terminated the property, if
still held by the NFTA at that time, reverts to the City of
Buffalo.
It should also be noted that other than the aforementioned
Small Boat Harbor property, the only portion of the 120 -acre
NFTA -owned Outer Harbor site that was conveyed by the
City of Buffalo is approximately 13 acres commonly known
as the Seaway Pier site to the Port Authority and, with the
1969 Port Authority consolidation with the NFTA. As
regards the other approximately 107 acres of the 120 -acre
Outer Harbor site, the TNTTA acquired title from private
entities and the State of New York -, not from the City of
Buffalo.
Based upon the foregoing, it is clear that the assertion that
the City of Buffalo holds title to the property has no validity.
The NFTA owns the property and has the right transfer it to
the State of New York for the purpose of providing the public
with a new state park.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 48
Waterfront Land
In response to your correspondence dated April
16, 2004:
You indicate that the NFTA and not the City of Buffalo owns
waterfront land based on a deed dated December 27, 1957.
The Quit Claim deed needs to be read in the context of the
state legislation establishing the NFTA and its predecessor
the Niagara Frontier Port Authority (NFPA).
State legislation amending the Public Authorities Law by
inserting as part of Article 7 a new title 11 Section 1520,
established the N FPA in 1955 and authorized the City of
Buffalo to transfer jurisdiction, control, supervision and
possession of Airport land, Seaway Piers and the Small Boat
Harbor. These three properties are referred to as the Buffalo
Projects. The legislation did not authorize the transfer of title
and clearly established that upon the termination of the
NFPA the above properties would thereupon become the
property of and shall be under the jurisdiction, control and
possession of the City of Buffalo.
On June 26, 1956 the Common Council adopted resolution
Item No. 135 which authorized the transfer of jurisdiction,
control, possession and supervision of the three projects
mentioned above. The Council resolution did not transfer
title. The subsequent Quit Claim deed states "Conveyance is
made pursuant to a duly adopted resolution of the Common
Council of the City of Buffalo No. 135 of the Council
Proceedings of June 26, 1956.... ".
The Common Council must approve the transfer of title for
any city owned property. The Buffalo Common Council
has never approved the transfer of title of waterfront
land to the NFTA.
In 1967 the NFTA was with Title 13 Section 1299(c) of the
New York State Public Authorities Law. In 1969 the NFPA
was consolidated with the NFTA 1969 N.Y. Laws ch. 1024.
Section 1299(c) of the Public Authorities Law states that
upon termination of the NFTA, all its rights and properties
would pass to and be vested in New York State, except for
the Buffalo Projects. The Buffalo Projects together with all
property and assets held and acquired by the authority in
connection therewith, shall become the property of and shall
be under the jurisdiction, control and possession of the City
of Buffalo. Significantly, the state legislation in 1969
establishes that the City of Buffalo still maintains rights to the
waterfront land.
In 1971, Section 1299 (c) was amended by adding a
subdivision 9 to allow the NFTA to purchase and the City of
Buffalo to sell its reversionary interests in any of the Buffalo
Projects. In 1971 the NFTA sought title of the airport land
and offered the City $5 million to purchase the land. The
Common Council approved the sale of the Airport land on
September 21,1971, Item No. 182 to the NFTA for $5 million.
The sale of the airport land clearly establishes that title
to this property was not previously transferred.
Based on the foregoing it is clear to me that the assertion
that the City of Buffalo holds title to waterfront lands does
have validity. The NFTA does not have the right to sell
waterfront land that the City has title to. I am requesting that
the sale of any waterfront land to the State be placed on
hold. I would welcome the opportunity to speak with you
further regarding this issue.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 49
INFO
HEALTH CARE SUMMIT
We the undersigned Local Union Presidents welcome the
opportunity made Sergeant available by the City of Buffalo to
participate in the informational Health Care Summit. We are
encouraged that the City realizes the urgency in negotiating
the settlement of collective bargaining agreements. Health
Care benefit plans and providers are individually negotiated
with each of the Unions and Retiree To help
insure the very existence of the City of Buffalo, the Unions
are fully committed to exploring now and innovative ways of
saving money, jobs and improving the delivery public
services.
RECEIVED AND FILED
William Travis
PETITIONS
NO. 50
Z. OWENS, OWNER, USE 1435 MAIN STREET FOR A
SIDEWALK CAFE (MASTEN).
(HRG. 5/4)
REFERRED TO THE COMMITTEE ON LEGISLATION,
CITY
PLANNING BOARD AND CORPORATION COUNSEL.
Regular Committees
CIVIL SERVICE
(Bonnie E. Russell, Chairperson)
NO. 51
Appointment
Caulker (Inter) (PW)
(Item No. 34- C.C.P. Apr. 13, 2004)
That Communication 34, April 13, 2004 be
received and filed and the permanent appointment of David
Zielinski, Jr. stated above at the intermediate salary of
$33,731 effective on March 29, 2004 is hereby approved.
PASSED
AYES -9- NOES -0
NO. 52
Appointment
Heavy Equip. Operator (Max) (PW)
(Item No. 35- C.C.P. Apr. 13, 2004)
That Communication 35, April 13, 2004 be
received and filed and the permanent appointment of
Richard Chmiel stated above at the maximum salary of
$33,392 effective on March 29, 2004 is hereby approved.
PASSED
AYES -9- NOES -0
NO. 53
Notices of Appts.- Temp. /Prov. /Penn. (C. Clk.)
(CCP #50 -Apr. 13, 04)
That the above item be and the same hereby is
received and filed.
ADOPTED
FINANCE
(Brian C. Davis, Chairman)
NO. 54
Amend Lease Agree. Betw. COB /Bflo /Erie Co.
Workforce -Use 401 Clinton
( #61,1/7)( #7,12 /6)(Strat. Plan.)
(CCP #94 -Apr. 16, 03)
That the above item be and the same hereby is received and
filed.
ADOPTED
Towne Gardens, Ltd. - 225 Hickory Street - Water &
Sewer Charges
(Item No. 96, C.C.P., July 22, 2003)
(Item No. 7 1 C.C.P., Feb. 17, 2004)
That the above item be, and the same hereby is
returned to the Common Council without recommendation.
Mr. Davis moved that the above item be recommitted to the
Committee on Finance.
ADOPTED.
NO. 56
Towne Gardens, Ltd. - 225 Hickory Street - Water &
Sewer Charges (Item No. 59, C.C.P., Sep. 30, 2003) (Item
No. 72, C.C.P., Feb. 17, 2004)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Davis moved that the above item be recommitted to the
Committee on Finance.
ADOPTED.
NO. 57
Towne Gardens, Ltd. - Water Service at 225 Hickory
Street (PW)
(Item No. 3 8 C.C.P., Oct. 14, 2003)
(Item No. 7 3 C. C. P., Feb. 17, 2 004)
That the above item be, and the same hereby is
returned to the Common Council without recommendation.
Mr. Davis moved that the above item be recommitted to the
Committee on Finance.
Adopted
No. 58
Monthly Report -March 2004 (Cit. Svs.)
(CCP #I -Apr. 13, 04)
That the above item be and the same hereby is received and
filed.
ADOPTED
LEGISLATION
(Richard A. Fontana, Chairman)
no. 59
M. Goldman, Petition to Use 245 Allen Street for a
Sidewalk Cafe
(Item No. 72, C.C.P., Apr. 13, 2004)
That after the public hearing before the Committee
on Legislation on April 20, 2004, the petition of M. Goldman,
owner, for permission to use 245 Allen Street for a sidewalk
cafe be, and hereby is approved.
Passed.
AYES -9- NOES -0
No. 60
L. DiGregorio, Petition to Use 25 Mergenhagen Street -
Ground Sign
(Item No. 73, C.C.P., Apr. 13, 2004)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Fontana Moved:
That the petition of L. DiGregorio, for permission to use 25
Mergenhagen Street for an illuminated ground sign be, and
hereby is denied
DENY
NO. 61
J. Hogan, Petition to Use 155 Summer Street - Ground
Sign
(Item No. 74, C.C.P., Apr. 13, 2004)
NO. 66
That the petition of J. Hogan, owner, for permission to use
155 Summer Street for a ground sign be, and hereby is
approved.
Passed.
AYES -9- NOES -0
NO. 62
Req. Street Name Change - Normal Avenue
Betw /Pennsylvania & Porter to
"Kleinhans Place" ( #145,3/30)(Hrg. 4/13)
(CCP #98 -Apr. 13, 04)
Mr. Fontana moved that the above item be recommitted to
the Committee on Legislation
ADOPTED.
NO. 63
D. Gross - USPS -St. Name Change - Normal Ave. betw.
Penn /Porter - "Kleinhans Place"
(CCP #65 -Apr. 13, 04)
Mr. Fontana moved that the above item be recommitted to
the Committee on Legislation
ADOPTED.
NO. 64
Street Name Change - Normal Avenue (PW) (NIAGARA)
(CCP #33 -Apr. 13, 04)
Mr. Fontana moved that the above item be recommitted to
the Committee on Legislation
ADOPTED.
NO. 65
Ord. Amend.- Chapter 175 - Fees - Chapter 413 - Streets &
Sidewalks ( #117,3/16) (CCP #80 -Mar. 30,04)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 66
Enforcement of Illegal Dumping Ordinances
(Item No. 135, C.C.P., Apr. 13, 2004)
That the Common Council requests the Mayor, the
Public Works Department, the Corporation Counsel's Office,
the Police Department and the Adjudication Bureau to
comment on the feasibility of utilizing surveillance cameras
to combat illegal dumping of garbage; and
That the Council requests a monthly report due the tenth day
of each month from the Buffalo Police Department and the
Adjudication Bureau documenting the number of citations
and adjudications thereof of the city's illegal dumping
ordinances.
Adopted.
NO. 67
Rev. of Nominees -Pkg. Bd., Bflo. Arts Comm., Appraisal
Rev. Bd. (A &F) (CCP#40 -Mar. 30,04)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 68
FBI Bldg.- Homeland Sec. -Req. Closing of Staats
St. /Narrowing of Elmwood Ave. (ELLICOTT)
(# 1 8,1/20)(PW) (CCP #76 -Feb. 3, 04)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 69
R. Fontana -C. Paladino -Rev. Plan for S. Elmwood
Ave. -3/04
(CCP #57 -Mar. 30,04)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 70
Closing Staats /Narrowing Elmwood - Around the FBI
Building
(Item No. 28, C.C.P., Apr. 13, 2004)
That the Commissioner of Public Works, Parks and Streets,
be, and he hereby is authorized to issue a license to occupy
portions of the street right -of -way on Elmwood Avenue and
Staats Street subject to the following conditions:
I . That the applicant obtains any and all other required City
of Buffalo permits.
2. That all conditions listed by the City Planning Board in its
approval be met.
3. That the concerns of all other abutting property owners be
addressed.
4. That all encroachments and related appurtenances be
installed exactly as shown on plans submitted to and
approved by the Department of Public Works, Parks and
Streets and the Department of Permit and Inspection
Services if required.
5. That the applicant be responsible for all capital costs and
maintenance associated with all encroachments and related
appurtenances of the parking area as long as it remains
within City right -of -way.
6. That the applicant shall be charged a fee per square foot
on a yearly basis for utilization of City right -of -way at the rate
of $2.50 per square foot for all City Right -of -way covered
under this license
7. That, in the event the Commissioner of Public Works,
Parks and Streets determines the encroachment must cease
as a result of factors affecting health, safety and welfare of
the public, or the needs of the city, said Commissioner may
order the immediate removal of the encroachment as
described in Chapter 413 -67(F) of the City Ordinances.
8. That the applicant supply the Department of Public Works,
Parks and Streets with a certificate of insurance, in an
amount deemed sufficient by the Corporation Counsel,
which will indemnify and save harmless the City of Buffalo
against any and all loss or damage arising out of the
construction, maintenance, use or removal of said parking
area.
9. The applicant provides access as necessary for any work
and /or
maintenance operations to underground utilities.
10. That in the event that the License alters damages or
destroys City Right of Way in any fashion licensee shall
restore the City Right of way to as good or better condition
as existed prior to said alteration damage or destruction.
PASSED
AYES -9- NOES -0
NO. 71
M. COPPOLA -L. MATARESE -BFLO. NEWS ART.-"NO
MORE MAYOR? NO MORE COUNTY
EXECUTIVE ?"
(CCP #56 -APR. 13,04)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 72
B. DAVIS -M. JONES & O -REQ. COMP. FOR GAS CUT
OFF - SHERMAN STREET
(CCP #66 -MAR. 30,04)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 73
P. PAUL -NATL. FUEL -RES. B. DAVIS -M. JONES -REQ.
COMP. FOR GAS CUT - OFF - SHERMAN ST.
(CCP468 -APR. 13,04)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 74
B. DAVIS - IRVING PLACE -REQ. ALT. PKG. (PW)
(ELLICOTT)
(CCP #29 -APR. 13,04)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 75
REQ. TO CHANGE PKG. AT 877 E. DELAVAN
(EASTSIDE)
(CCP #157 -APR. 13,04)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 76
REQ. TO CHANGE PKG. AT 877 E. DELAVAN
(WESTSIDE)
(CCP #158 -APR. 13,04)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 77
SECONDHAND DEALER - 242 ALLEN
(ITEM NO. 42, C.C.P., APR. 13, 2004)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Fontana moved:
That pursuant to Chapter 254 of the City Code, the
Commissioner of Permit & Inspections Services be, and he
hereby is authorized to grant a Secondhand Dealer license
to Joseph Maniaci d /b /a Allentown Music located at 242
Allen.
PASSED
AYES -9 NOES -0
COMMUNITY DEVELOPMENT
(JOSEPH GOLOMBEK JR., CHAIRMAN)
NO. 78
STATUS OF COMMUNITY DEVELOPMENT BLOCK
GRANT AND
HOUSING COMMUNITY BASED ORGANIZATIONS
(ITEM NO. 154, C.C.P., JAN. 20, 2004)
That the Common Council reasserts its support for
housing delivery programs which are neighborhood -based
and controlled.
That the remaining items be received and filed
ADOPT FIRST RESOLVE THE REMAINDER RECEIVED
AND FILED
NO. 79
NYS EMPIRE ZONE -REV. TO EMP. ZONES #38 & 74 (IF
ANY)(# 109,3/30)(#46,16)(BERC)
(CCP #119 -APR. 13,04)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 80
NYS EMPIRE ZONE -REV. TO BOUNDARY DESCRIPTION
( #110,3/30)( #122,3/16)
(CCP #120 -APR. 13,04)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 81
A. THOMPSON -MEMO OF UNDERSTANDING BTWN
COB, BERC, ECIDA & BNE
(CCP #63 -MAR. 30,04)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 82
RESULTS OF NEGOTIATIONS - 16 EMSLIE & 712 SWAN
STREETS
(ITEM NO. 13, C.C.P., MAR. 30, 2004)
(ITEM NO. 125, C.C.P., APR. 13, 2004)
That the offer from Hunt Commercial Real Estate Inc., 730
Brisbane Building, in the sum of thirty -five thousand dollars
($35,000.00) for the purchases of 16 Emslie and 712 Swan
Streets, be and they hereby are accepted; and
That the appraisal requested by the City of Buffalo shall be
paid by the purchaser; and
That the transfer tax, recording fees and cost of legal
description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance
with the terms of sale upon which the offer was submitted.
PASSED
AYES -9 NOES -0
NO. 83
RESULTS OF NEGOTIATIONS - 742 & 746 SENECA
STREETS
(ITEM NO. 16, C.C.P., MAR. 30, 2004)
(ITEM NO. 126, C.C.P., APR. 13, 2004)
That the offer from Hunt Commercial Real Estate Inc., 730
Brisbane Building, in the sum of fourteen thousand and six
hundred dollars ($14,600.00) for the purchases of 742 and
746 Seneca Streets, be and they hereby are accepted; and
That the appraisal requested by the City of Buffalo shall be
paid by the purchaser; and
That the transfer tax, recording fees and cost of legal
description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance
with the terms of sale upon which the offer was submitted.
PASSED
AYES -9 NOES -0
NO. 84
TRANSFER OF 1859 & 1869 NIAGARA STREET (CITY
PARKLAND)
(ITEM NO. 157, C.C.P., MAR, 30, 2004)
That the Common Council does hereby request that the
Division of Real Estate and the Corporation Counsel begin
the procedure of transferring 1859 and 1869 Niagara Street
from the Blackrock Riverside Neighborhood Housing Service
to the City of Buffalo for the sole purpose of dedicating them
as City parkland.
PASSED
AYES -9 NOES -0
NO. 85
J. GOLOMBEK -R. NIEMIEC -GRANT AMHERST BUS.
ASSN.- CONCERNS -PROP. TOPS GAS. STAT.
GRANT / AMHERST
(CCP #63 -APR. 13,04)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 86
CITY OF BUFFALO'S EXPECTATION FOR A GRAND
PEACE BRIDGE EXPANSION PROJECT
(ITEM NO. 13 1, C.C.P., APR. 13, 2004)
Mr. Golombek moved that the above item be recommitted to
the Committee on Community Development.
ADOPTED.
SPECIAL COMMITTEES
BUDGET COMMITTEE
(DOMINIC J. BONIFACIO JR., CHAIRMAN)
NO. 87
BUFFALO FISCAL STABILITY AUTHORITY HIRING
FREEZE ORDERED ON CITY OF BUFFALO
(CCP #50 -DEC. 23, 03)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 88
FIRST QUARTER GAP SHEETS- 11/ 10/2003 (A &F)
(CCP #38 -NOV. 25, 03)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 89
GEN. FUND GAP SHEET -FIRST QUARTER 2003 -2004
(A &F)
(CCP #39 -NOV. 25, 03)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 90
GEN. FUND GAP SHEET (COMPT.)
(CCP #13 -DEC. 9, 03)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 91
BFLO. BD. OF ED. -STATE AID /GRANT CASH MGMT.
(COMPT.)
(CCP #19 -MAR. 16,03)
Mr. Bonifacio moved that the above item be and the same
hereby is recommitted to the Budget Committee.
ADOPTED
NO. 92
CHANGES TO COB ANNUAL BUDGET FORMAT
(CCP #119 -MAR. 16,03)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 93
D. DAVIS- DOCUMENTS - NASSAU INTERIM FINANCE
AUTHORITY
(CCP #61 -SEPT. 30, 03)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 94
NEED CAP FUNDS - EMERG. DEMOS IN COB
(PERMITS /INSP.)
(CCP #41 -SEPT. 30, 03)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 95
NEED FOR CAPITAL FUNDS - EMERG. DEMOLITIONS
(PW)
(CCP #30 -SEPT. 30, 03)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 96
DEMO. BOND & BLOCK GRANT REQ. (COMPT.)
(CCP #10 -SEPT. 30, 03)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 97
CHANGE FISCAL YEAR DATE
(CCP #1 16 -SEPT. 2, 03)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 98
EXAM. BENEFITS OF CREATING DEPT OF PUBLIC
SAFETY
(CCP #I 17 -SEPT. 2, 03)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 99
EXAM. BENEFITS OF CREATING DEPT. OF PUBLIC
SAFETY (POL)
(CCP #44 -SEPT. 16, 03)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 100
DEPT. OF PUBLIC SAFETY (FIRE)
(CCP #48 -SEPT. 16, 03)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 101
EXAM. BENEFITS OF CREATION OF DEPT. OF PUBLIC
SAFETY (PERMITS /INSP.)
(CCP #52 -SEPT. 16, 03)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 102
EXAM. MUN. HSG. ALTERNATIVES
(CCP #1 18 -SEPT. 2, 03)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 103
EXPLORE OTHER PROP. TAX METHODS
(CCP #120 -SEPT. 2, 03)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 104
EXPLORE OTHER PROP. TAX METHODS (ASSESS /TAX)
(CCP #22 -SEPT. 16, 03)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 105
T. FITZPATRICK- CONCERNS- HAZMAT OPERATIONS
(CCP #62 -SEPT. 30, 03)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 106
R. LOTEMPIO -BFIO. FIRE /RES. RESPONSE TIME STUDY
(CCP #73 -SEPT. 30, 03)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 107
Expl. Opp.- Expand Svs. Area of Bflo. Water System (PW)
(CCP #27 Sept 30, 03)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 108
Expl. Opp. Expand Svs. Area of COB Water /Sewer Sys.
(BSA)
(CCP# 46 Sept. 30, 03)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 109
J. GIAMBRA -ERIE CO. EXEC. - COMMENTS - HEARING
ON SHARING OF SALES TAX
(CCP #65 -OCT. 28, 03)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 110
M. MARTINO -J. PADILLA & O -REQ.
REMEDIATION /REOPEN BOONE PK
(CCP #78 -OCT. 15, 03)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 111
CREATION -RET. BUS. SVS. DIV.- PERMITS /INSP
( #92,1/7)
(CCP #121 -MAR. 18,04)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 112
RISING HEALTH CARE COSTS OF MUNICIPAL
EMPLOYEES
(CCP #164 -SEPT. 16, 03)
That the above item be and the same hereby is received
and filed.
ADOPTED
MINORITY BUSINESS ENTERPRISE COMMITTEE
(ANTOINE M. THOMPSON, CHAIRMAN)
NO. 113
A. THOMPSON -JT. SCHOOLS CONTT. BD.- 1/5/04 -DRAFT
AGENDA
(CCP #39 -JAN. 20, 04)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 114
CIMINELLI CONTT. CO. -BOARD PACKET
DOCUMENTS - 2/4/04
(CCP #43 -FEB. 17, 04)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 115
BY: MR. BONIFACIO
ORDINANCE AMENDMENT
CHAPTER 175 - FEES
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Chapter 413 of Chapter 175, Fees, of the Code of the
City of Buffalo be amended to read as follows:
Chapter 413, Streets and Sidewalks
§ 413 -67, encroachments
Other street closings $25.00 per day, but not to
exceed a maximum of $400.00
1 block $15.00 per day, but not to
exceed a maximum of $400.00
Each successive block
It is hereby certified, pursuant to Section 3 -19 of the
Charter, that the immediate passage of the foregoing
ordinance is necessary.
APPROVED AS TO FORM
NOTE: Matter in brackets to be deleted; matter underlined is
new.
REFERRED TO THE COMMITTEE ON LEGISLATION,
COMMISSIONER OF PUBLIC WORKS, PARKS AND
STREETS, AND THE SPECIAL EVENTS COMMITTEE.
NO. 116
BY: MR. COPPOLA
SUPPORT FOR REGIONALISM BY NEGOTIATION - THE
ERIE
COUNTY COMPACT ACT
Whereas: New York State Assemblyman Sam Hoyt has
recently introduced legislation "to establish a regional plan
and strategy for Erie County," entitled the "Erie County
Compact Act"; and
Whereas: That Legislation is an effort to encourage local
governments in Erie county to cooperate and coordinate
regarding issues that effect all of them; and
Whereas: Under the compact, local government participants
would develop a regional corporation and create a regional
plan to establish a unified economic development plan for
Erie County, "integrate land use and transportation planning
development ... to facilitate regional growth in a sustainable
and equitable way," and to address housing and community
development, among others; and
Whereas: Other areas to be addressed through the Compact
would include expedited environmental review for
development through the Compact process, and limited
liability for Brownfield sites to hasten their redevelopment;
and
Whereas: Under the Compact, incentives would be provided
to those local governments that voluntarily elect to
participate by affirmative votes of their local legislative
bodies; and
Whereas: Noted regionalism expert David Rusk has called
the Hoyt proposal "a bold, innovative, and exciting legislative
initiative" and stated that the Compact could "be a model for
breaking the intergovernmental paralysis in many areas of
New York,"
Whereas: This approach may be a way of meeting our
common challenges and reaching our common goals in a
united way that allows government to work better and cost
less for the residents and taxpayers of the region; and
Whereas: It also seeks to recognize and preserve the
history, character, and integrity of individual communities by
forging together on intergovernmental cooperation;
Now, Therefore, Be It Resolved That: This Honorably Body
expresses its support for voluntary, inclusive, bottom -up
measures such as and including the Compact, that foster
intermunicipal cooperation and coordination, and provide for
enhanced public services at lower cost and with the support
of the communities being served; and
Be It Further Resolved That: The Buffalo Common Council
hereby expresses its intention to engage in a thorough
discussion of this proposal; and
Be It Finally Resolved That:
Certified copies of this resolution be sent to the County
Executive, Mayor of the City of Buffalo, the local delegation
of the New York State Assembly and Senate, and Governor
REFERRED TO THE COMMITTEE ON LEGISLATION AND
CORPORATION COUNSEL.
NO. 117
BY: BRIAN C. DAVIS
ESTABLISHMENT OF A COLD CASE SQUAD
Whereas: In view of the quantity of open homicide cases in
the City of Buffalo and the quantity of new homicide cases
occurring almost daily, the establishment of a Cold Case
Squad is proposed; and
Whereas: The current Major Crimes Unit has a modest
investigation team to solve all homicides in the City of
Buffalo; and
Whereas: Due to the overwhelming number of new cases
and the substantial number of open cases, a task force
dedicated to investigating unsolved homicide cases is
necessary; and
Whereas: With a total of 790 homicides occurring from 1990
to 2003, there are 372 cleared cases and 418 open cases as
of 2003 and;
Whereas: Closing these cases will bring about justice to
victims, their families, and to the community at large.
In addition, closure to these cases may prompt helpful
information in solving other related cases.
Now Therefore Be it Resolved:
That the Buffalo Common Council does hereby support the
establishment of a Buffalo Cold Case Squad with the sole
purpose of bringing closure to unsolved homicides in the City
of Buffalo; and
Be it Further Resolved:
That the Commissioner of the Buffalo Police Department
report to this Honorable Body what steps will be taken to
address the unsolved homicides in the City of Buffalo; and
Be It Finally Resolved:
That the Commissioner of Police appropriates in the Buffalo
Police Department 2004 - 2005 budget, resources for
establishment of a Buffalo Cold Case Squad.
ADOPT 2 ND RESOLVE THE REMAINDER REFERRED TO
THE COMMITTEE ON BUDGET
NO. 118
BY: MR. DAVIS
PERMISSION TO HANG BANNERS AND AMERICAN
FLAGS FOR SUMMER EVENTS ON CHIPPEWA STREET
Whereas: The Chippewa Entertaininent District Association
would like to advertise summer events on Chippewa Street -
Chippewa Cruiser Tuesdays; and
Whereas: In order to promote the events, the Chippewa
Entertainment District Association is requesting
permission to hang a banner on Chippewa Street between
Delaware Avenue and Franklin Street; and
Whereas: The Chippewa Entertainment District Association
is also requesting permission to install American Flags on
the below listed Iightposts located on: Delaware Avenue:
three (3) south and three (3) north of Chippewa St. V
Chippewa Street: 16 between Pearl and Delaware Avenue
Franklin Street: three (3) south and three (3) north of
Chippewa St.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo grants
permission to the Chippewa Entertainment District
Association to hang the banner and American Flags
advertising summer event; and
Be It Further Resolved:
Chippewa Entertainment District Association will have to
request the permission of the businesses that will have the
banners affixed to their structures, and will purchase the
necessary bond before the banners are hung;
Be It Further Resolved That:
That said banners and flags will hang on Chippewa Street
between Delaware Avenue and Franklin Street from May 21,
2004, through September 6, 2004; and
Be It Finally Resolved:
That said banners and flags meets all the requirements of
pertinent City departments and that no existing laws are
violated.
PASSED
AYES -9 NOES -0
NO. 119
BY: MR. DAVIS
PERMISSION TO INSTALL SPEAKERS ON LIGHT POSTS
FOR SUMMER EVENTS ON
CHIPPEWA STREET
Whereas: The Chippewa Entertainment District Association
would like to advertise summer events on Chippewa Street -
Chippewa Cruiser Tuesdays; and
Whereas: In order to promote such events, the Chippewa
Entertainment District Association is requesting permission
to install speakers on several lamp posts on Chippewa
Street between Delaware Avenue and Franklin Street; and
Whereas: The Chippewa Entertainment District Association
is requesting permission to install the PA speakers on the
following Iightposts:
Delaware Avenue (East Side): pole 9211 (south of
Chippewa, pole# 245 and pole # 261 north of Chippewa.
Chippewa Street: between Pearl Street and Franklin Street
pole 4 55 and pole
Chippewa Street: between Franklin Street and Delaware
Avenue pole # 64, pole # 84, pole # 74 and pole #92
Franklin Street: between Ruron and Chippewa Street pole 4
240.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo grants
permission to the Chippewa Entertainment District
Association to install speakers for the summer event; and
Be It Further Resolved:
That the Chippewa Entertainment District Association will
purchase the necessary bond before the speakers are
installed;
Be It Further Resolved That:
That the aforementioned speakers will hang on Chippewa
Street between Delaware Avenue and Franklin Street from
May 21, 2004, through September 6, 2004; and
Be It Finally Resolved:
That said speakers meets all the requirements of pertinent
City departments and that no existing laws are violated.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
COMMISSIONER OF PUBLIC WORKS PARKS AND
STREETS
NO. 120
BY: MR. DAVIS
TRANSFER OF FUNDS
HUMAN RESOURCES
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 $19,295 be and the same is hereby
transferred within Human Resources and said sum is hereby
reappropriated as set forth below:
From:
12553006 - 480000
Other Services $10,066.05
12557006 - 432004
Engineering & Technical Services $ 9,228.95
To
121553006.432003
Legal Services $19,295
PASSED
AYES -9 NOES -0
NO. 121
BY: MR. GOLOMBEK
DISPLAY BANNER FOR OPEN AIR FILM FESTIVAL
Whereas: Dolce Far Niente, Inc. will present the Fourth
Annual "Sotto Le Stelle -Free Open Air Film Festiva F' each
Friday in July 2004, and
Whereas: To promote this event the organizers have
requested permission to display a banner on Elmwood
Avenue; and,
Whereas: The banner will be hung across Elmwood Avenue
between Pole #215 and the building located at 820 Elmwood
Avenue. The organizers would like to hang the banner
starting on June Ist, 2004 and will have it taken down by July
28th, 2004.
Now, Therefore, Be It Resolved:
This Common Council recognizes the importance of cultural
events that support neighborhood business districts by
attracting people. The organizers of the "Sotto Le Stelle -
Free Open Air Film Festival are granted permission by this
Honorable Body to hang a banner, pursuant to the
conditions set forth by the Commissioner of Public Works, at
the above location from, June Ist, 2004 to July 28th, 2004.
PASSED
AYES -9 NOES -0
NO. 122
BY: MR. GRIFFIN
OPPOSITION TO THE PROPOSED REFUSE TRANSFER
STATION AT THE STEEL FIELDS SITE IN THE HICKORY
WOODS NEIGHBORHOOD
Whereas:the City of Buffalo own the land that
houses the refuse transfer station on South Ogden Street,
which is currently operated by the County of Erie; and
Whereas: It is has recently come to the attention of this
Council that a private company, Modem Disposal are having
preliminary discussions on plans to locate a refuse transfer
station at the Steel Fields site in South Buffalo, which is
owned by Modem Disposal; and
Whereas: the Steel Fields site is located in the Hickory
Woods neighborhood, a neighborhood already plagued with
numerous health issues and environmental concerns; and
Whereas: If Modem Disposal was to locate a refuse transfer
station in the Hickory Woods neighborhood, it would put an
additional hardship and burden on the residents of Hickory
Woods, who are already daily battling with quality of life
issues surrounding their health and welfare; and
Whereas: The Buffalo Common Council does hereby go on
record opposing any refuse transfer station being built at the
Steel Fields site, until such time that Modem Disposal can
prove unconditionally and with irrefutable evidence to this
Council, that no quality of life issues that would threaten the
health and safety of the residents of South Buffalo and
particularly the Hickory Woods neighborhood surrounding
the proposed refuse transfer station, would be affected; and
Now, Therefore, Be It Resolved That:
This Common Council does hereby request that the NYS
Department of Environment Conservation, the NYS Health
Department, the Erie County Department of Environment
and Planning and the Erie County Health immediately
investigate the Steel Fields site, as to its suitability for use as
a refuse transfer station, and that their findings be forwarded
to the Buffalo Common Council; and
Be It Further Resolved That:
Certified copies of this resolution be forwarded to the
Commissioners of the NYS Departments of Environmental
Conservation and Health and to the Erie County
Commissioners of the Departments of Health and
Environment and Planning; and
Be It Finally Resolved That:
A Copy of this resolution be forwarded to Anthony M.
Masiello, the Mayor of the City of Buffalo for his comments.
ADOPTED
NO. 123
BY: MR. THOMPSON
CHANGE PARKING RESTRICTIONS ON DONALDSON
ROAD
Whereas: There are property owners on Donaldson Road
that cannot park in front of their homes; and
Whereas: The City of Buffalo did attempt to make
adjustments to the parking restrictions on Donaldson Road
from 153 to 200 Donaldson Road. Currently parking is not
allowed on Donaldson Road within 100 feet of Northland
Avenue; and
Whereas: Changing the parking restrictions on Donaldson
Road to prohibit parking within 30 Feet from Northland
Avenue would allow residents and property owners to park in
front of their homes.
Now, Therefore, Be It Resolved:
That the Common Council of Buffalo approves the change in
parking restrictions on Donaldson Road from 153 to 200
Donaldson Road (odd side only) wherein no parking 7am to
10 am Monday - Friday, and 2 to 4prn Monday to Friday
(Except Holidays), and no Parking 30 Feet from Northland
Avenue. That the Department of Public Works be requested
to change these restrictions immediately.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
COMMISSIONER OF PUBLIC WORKS, PARKS AND
STREETS
NO. 124
BY: MR. THOMPSON
CHANGE PARKING RESTRICTIONS ON MOSELLE
STREET
Whereas: The 600 block of Moselle Street includes a church
and community center; and
Whereas: Adjustments to the parking restrictions would
allow constituents of these institutions to utilize them without
fear of getting a ticket; and
Whereas: Changing the parking restrictions from 650 to 700
Moselle Street (odd and even) Monday through Friday 7am
to 10 am and 4 to 7pm (10 minute parking) would be a
tremendous asset to the community.
Now, Therefore, Be It Resolved:
That the Common Council of Buffalo approves the change in
parking restrictions on Moselle Street from 650 to 700 (odd
and even) Monday through Friday 7am to 10 am and 4 to
7pm to allow 10 minute parking. That the Department of
Public Works be requested to change these restrictions
immediately.
REEERRED TO THE COMMITTEE ON LEGISLATION AND
COMMISSIONER OF PUBLIC WORKS, PARKS AND
STREETS
NO. 125
BY MR. THOMPSON
FELICITATIONS /IN MEMORIAM
Attached hereto are Felicitation and In Memoriam
Resolutions sponsored by Members of the Common Council
as indicated:
In Memoriam for D. M. McKeever
By Councilmember (all)
ADOPTED.
NO. 126
BY: ANTOINE M. THOMPSON
APPOINTMENTS
COMMISSIONER OF DEEDS
That the following persons are hereby appointed as
Commissioner of Deeds for the term ending December 31,
2004, conditional, upon the person so appointed certifying
under oath to their qualifications and filing same with the City
Clerk:
James Bove Dena Genovese
Christopher Jones Susan Stanley
Alice Eoannon Marie Halbina
Diane Pruitt Pauline Young
Total- 8
ADOPTED
NO. 127
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held
in the Common Council Chambers, 13th floor City Hall,
Buffalo, New York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, May 4, 2004 at 9:30
o'clock A.M.
Committee on Finance Tues, May 4, 2004 at 10: 00 A.M.
following Civil Service
Committee on Comm. Dev. Tues, May 4,2004 at 1:00 P.M.
Committee on Legislation Tues, May 4, 2004 at 2:00 P.M.
Special Committees
Spec. Leg. Comm. Public Hearing Wednesday, April
28,2004 at 5:30 o'clock P.M. in the Council Chambers on the
Renewal of the Franchise Agreement between the City of
Buffalo and Adelphia.
Spec. Leg. Comm. Mtg.Thurs, April 29, 2004 at 10:30 A.M.
in Room 1417 City Hall on the Red Helmets.
Bi- National Bridge Thurs, April 29, 2004 at 2:00 P.M. in
Room 1417 City Hall.
(Public Disclaimer): All meetings are subject to change and
cancellation by the respective Chairmen of Council
Committees. In the event that there is sufficient time given
for notification, it will be provided. In addition, there may be
meetings set Lip whereby the Cily 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. 128
ADJOURNMENT
On a motion by Mr. Coppola, Seconded by Mrs. Russell, the
Council adjourned at 4:10 pm
CHARLES L. MICHAUX, III
CITY CLERK
BOARD OF POLICE AND FIRE PENSION PROCEEDINGS
#4 OFFICE OF THE MAYOR -201 CITY HALL APRIL 22,
2004
Present:; Anthony M. Masiello, Mayor; Frank Belliotti, Deputy
Comptroller, Michael Risman, Corporation Counsel; David A.
Franczyk, Council President -4 The Journal of the last
meeting was approved.
NO. 1
1 transmit herewith the Pension Payroll for the Fire Pension
Fund for the months of April 2004 amounting to $9,815.24
and request that checks be drawn to the order of the
persons named herein for the amounts stated.
Adopted
Ayes -4. Noes -0.
NO. 2
1 transmit herewith the Pension Payroll for the Police
Pension Fund for the months of April 2004 amounting to
$7,500.00 and request that checks be drawn to the order of
the persons named herein for the amounts stated.
Adopted.
Ayes -4. Noes -0.
NO. 3
On motion by Mr. Risman, the City of Buffalo Police and Fire
Pension Board Meeting adjourned at 11:10 a.m.