HomeMy WebLinkAbout04-0608-0601ssNo. (12)
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
June 8, 2004
SPECIAL SESSION
0610112004
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
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
CORPORATION
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, JUNE 8, 2004
AT 2:00 P.M.
PRESENT — David A. Franczyk, President of the
Council, and 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
May 25, 2004 were approved.
FROM THE MAYOR
FROM THE MAYOR
NO. 1
DECLARATION OF NEED
Pursuant to §3861 of the Public Authorities Law, after the
approval of the Common Council of the City of Buffalo on
May 21, 2004, 1, Anthony M. Masiello, Mayor of the City of
Buffalo do hereby determine there is a need for financial
assistance to meet costs set in the Board of Education's
Four Year Financial Plan.
This Declaration of Need does hereby request the Buffalo
Fiscal Stability Authority to borrow an amount of Nineteen
Million and Four Hundred Thousand Dollars.
Mr. Coppola moved
That the Declaration of Need for Financial assistance to
meet the costs set in the Board of Education's four year
financial plan is hereby approved as amended.
PASSED
AYES -9 NOES -0
NO. 2
APPOINTMENT OF MEMBER TO THE EXAMINING
BOARD OF PLUMBERS
Pursuant to the provisions of Section 40 -A of Article 4 of the
General City Law of the State of New York and Section
18 -42 of the City Charter, I hereby appoint the following as a
member of the Examining Board of Plumbers for a term
effective immediately and expiring December 31, 2006.
Anthony M. Christiano
170 St. James Place Buffalo, 14222
Anthony M. Christiano is currently the Owner /Operator of
Hertel Hardware & Plumbing, a business that has served the
Buffalo area for over 75 years. Mr. Christiano holds a City of
Buffalo Master Plumbers License.
Mr. Christiano attended St. Joseph's Collegiate Institute and
Canisius College where he majored in P.E. and Health
Education.
Mr. Christiano is being appointed to the vacancy created by
the resignation of Samuel Ricchiazzi who will be leaving the
Buffalo area.
I hereby certify that the above named individual is fully
qualified for appointment to the Examining Board of
Plumbers.
RECEIVED AND FILED
NO. 3
RE- APPOINTMENT OF MEMBERS TO THE
ZONING BOARD OF APPEALS
PROCEEDINGS
Pursuant to the powers vested in me by Chapter 511,
Section 12 1, Article XXIV of Part 11 of the Code of the City
of Buffalo, I hereby re- appoint the following individuals as
members of the Zoning Board of Appeals. Their terms will
expire March 11, 2007.
Rev. James Lewis 106 Rohr Street Buffalo
14211
Joseph Pandolfino203 Colvin Ave Buffalo 14216
1 hereby certify that the above named individuals are fully
qualified to serve as members of the Zoning Board of
Appeals.
RECEIVED AND FILED
FROM THE OFFICE OF CITIZEN SERVICES
NO. 4
RESPONSE TO COUNCIL'S CONCERNS
REGARDING DISRESPECTFUL
AND IMPOLITE EMPLOYEES WORKING THE
MAYOR'S COMPLAINT
Dear Members of the Buffalo Common Council:
The Division of Citizen Services has taken the following
actions to address your concerns in the attached letter,
dated May 17, 2004:
1 . On May 18, 2004, copies of the letter were given to each
staff member and we discussed the improvements that must
be made by all staff members in addressing the concerns of
the public.
2. On May 20, 2004, the 650 city union representative met
with all the division's city workers and discussed the union's
concerns with the employee's job performance.
Each employee agreed that they would rededicate
themselves to be more tolerant and friendlier when taking
Hot Line calls. Also, the employees, without exception,
requested that more calls be monitored, because they felt
that monitoring would provide both sides of any potential
misunderstanding.
As the director of the division, I accept and will implement all
of the suggestions forwarded by the council and I will
personally spend more time monitoring the calls that are
made to the Hot Line.
Lastly, the division will make every effort to handle all calls in
a professional manner however, I can not guarantee that
some of the callers will not call their district council members
to voice dissatisfaction with the results of their Hot Line call.
I'm sure that all of you have experienced frustration from
callers due to the city's limited resources or the time frame
required to address their complaints. However, what we can
control, which is professional, courteous intake services, will
be done or as the employees have been forewarned, serious
disciplinary actions will be taken.
I want to thank all of you, as well as, the 650 union in
working with us towards providing the best services possible
to the public, during this period of serious financial restraints.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE BOARD OF PARKING
NO. 5
BCAR MANAGEMENT AGREEMENT
The current management agreement with Buffalo Civic
Auto Ramps Inc. expires June 30, 2004. Buffalo Civic Auto
Ramps Inc. is seeking a renewal of their agreement which
dates back to 1954.
The Parking Board is currently working the Corporation
Counsel on developing a new document for the downtown
ramps that would be used to solicit proposals for new
management.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE CITY PLANNING BOARD
NO. 6
SEQR- DETERMINATION OF SIGNIFICANCE
DELTA SONIC FACILITY, 1220 -1264 MAIN STREET
The City Planning Board at a meeting held on May 18,
2004 considered the matter captioned above pursuant to
Section 511 -137 of the Buffalo Code -City Wide Site Plan
Review. The Planning Board has determined that the design
and site plan meets the criteria for site plan approval
contained in section 511 -145 and 511 -146 of the Buffalo
Code.
The City Planning Board voted to approve the site plan
dated March 18, 2004 and the elevations and landscaping
Ip an dated February 23, 2004 for the construction of a 6,480
square foot grocery store, a 1,800 square foot oil/ lube
facility with four parallel service bays, a new ten pump
fueling station, and a 7,532 square foot detail shop property
located at 1220 -1264 Main Street Buffalo New York. The
Planning Board conditioned this approval with the following:
Approved variances from the Buffalo Zoning Board, the rear
fence (west side) be raised to ten feet in total height, the
same fence be moved in from the edge of the property and
landscaped along the Linwood Avenue side, no sign will be
allowed on the tower in front of the oil change facility, no sign
will be allowed on the gas pump canopy, add architectural
detail to the gas pump canopy matching the new store detail,
lower the gas pump canopy by one foot in total height, add
landscaping behind the new convenience store, and a
contribution to the City Tree Fund to make up for the square
footage of landscaping short of the required twenty percent,
This letter is not a building permit. It is the responsibility of
the owner to see that all required permits are issued prior to
the commencement of the actual work.
If you have any questions regarding the above, please feel
free to contact me anytime at (716) 851 -5086
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 7
TRANSFER OF TITLE
URBAN HOMESTEAD PROGRAM
341 CAMBRIDGE AVENUE
LOT SIZE: 35'X 125'
The Office of Strategic Planning, Division of Real Estate,
has surveyed the City owned vacant lot at 341 Cambridge
Avenue, Buffalo, New York, parcel is 35'x 125', and it has
been determined this parcel is inappropriate for either the
construction of new housing or needed for public purpose.
Ms. Pauline Ramsey at 337 Cambridge Avenue, Buffalo,
New York 14215 has indicated she will clean, improve and
maintain the lot at 341 Cambridge Avenue in the event she
obtains title to the property under the Urban Homestead
Program.
The Department of Permit and Inspection Services and the
Division of Collections have been contacted. There are no
property code violations, taxes or other liens owed to the
City of Buffalo by the homesteader.
We, therefore, recommend the City -owned vacant lot be
designated as a Homestead Property and be transferred to
Ms. Pauline Ramsey on the condition the property is cleaned
and improved within six (6) months and maintained in a
sanitary manner.
Mr. Coppola Moved:
That the above communication from the Office of Strategic
Planning dated June 2, 2004, be received and filed; and
That the city -owned property commonly known as 341
Cambridge Avenue, is hereby designated as Homestead
Property, and that the Mayor be, and he hereby is authorized
to execute a deed transferring said property to Ms. Pauline
Ramsey, residing at 3 3 7 Cambridge Avenue, for the
amount of One Dollar ($ 1. 00) and no more, and all costs of
transfer, on the condition the property is cleaned and
improved within six (6) months and maintained in a sanitary
manner.
PASSED
AYES -9 NOES -0
NO. 8
TRANSFER OF TITLE
URBAN HOMESTEAD PROGRAM
323 JEFFERSON, 156. 50' N HOWARD
LOT SIZE: 30'X 110'
ASSESSED VALUATION: $2,500.C'
327 JEFFERSON, 216.50' N HOWARD LOT SIZE: 7'X 110'
ASSESSED VALUATION: $ 400.
The Office of Strategic Planning, Division of Real Estate,
has surveyed the City owned lots mentioned above. It has
been determined these parcels are not needed for public
purpose or development.
James Management Company, Inc., 200 John James
Audubon Parkway, Amherst, New York 14228 is under
contract to construct a one family home for a low to
moderate income buyer on these parcels. Title to these
properties will be transferred from James Management to
the purchaser listed below.
Property Address Purchasers Name
323 & 327 Jefferson Wendy Hall
The Department of Permit and Inspection Services and the
Division of Collections have been contacted and they have
no objections to the homestead of 120 Rose Street. There
are no property code violations, taxes or other liens owed to
the City of Buffalo by the homesteader.
I am therefore recommending the City -owned lots be
designated as Homestead Properties and be transferred to
James Management Company, Inc. on the following
conditions:
1. The specified structure be erected on the
premises within twelve (12) months.
2. The structure be occupied by the purchaser
mentioned for a period of not less than thirty -six (36) months.
We, therefore, recommend that Your Honorable Body
authorize the homestead of 323 and 327 Jefferson Avenue
to Ms. Wendy Hall. I am further recommending that the
Corporation Counsel prepare the necessary documents for
the transfer of title and that the Mayor be authorized to
execute the same.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT AND CORPORATION COUNSEL.
NO. 9
TRANSFER OF TITLE
URBAN HOMESTEAD PROGRAM
209 MOSELLE STREET
LOT SIZE: 30'X 105'
The Office of Strategic Planning has surveyed the
city -owned vacant lot at 209 Moselle, Street, Buffalo, New
York, parcel is 30'x 105' in dimension; and it has been
determined this parcel is inappropriate for either the
construction of new housing or needed for any public
purpose.
Mr. Lonnie Faulkner and Mrs. Carolyn Faulkner residing at
215 Moselle Street, Buffalo, New York 14211 indicated they
will clean, improve and maintain the lot in the event they
obtain title to the property under the Urban Homestead
Program.
The Division of Permit and Inspection Services and the
Division of Collections have been contacted. There are no
property code violations, taxes or other liens owed to the
City of Buffalo by the homesteaders.
We, therefore, recommend the city -owned vacant lot be
designated as a Homestead Property and be transferred to
Mr. Lonnie Faulkner and Mrs. Carolyn Faulkner on the
condition the property is cleaned and improved within (6)
months and maintained in a sanitary manner.
Mr. Coppola Moved:
That the above communication from the Office of Strategic
Planning dated June 2, 2004, be received and filed; and
That the city -owned property commonly known as 209
Moselle Street, is hereby designated as Homestead
Property, and that the Mayor be, and he hereby is authorized
to execute a deed transferring said property to Mr. Lonnie
Faulkner and Mrs. Carolyn Faulkner, residing at 215 Moselle
Street, for the amount of One Dollar ($1.00) and no more,
and all costs of transfer, on the condition the property is
cleaned and improved within six (6) months and maintained
in a sanitary manner.
PASSED
AYES -9 NOES -0
NO. 10
RESULTS OF NEGOTIATIONS PORTION OF
137 WEST NORTHRUP, 141 O'W MAIN
VACANT LOT: 96'X IRREGULAR, 5.49 ACRES TO OLD
RAILROAD ROAD R.O.W.
ASSESSED VALUATION: $59,800
The Office of Strategic Planning, Division of Real Estate,
has received a request from Mr. Donald Sanders and Mrs.
Theresa Sanders to acquire a portion of 137 West Northrup
Street to construct an 11,000 square foot state of the art day
care center. The parcel is a landlocked parcel between the
NFTA Park and Ride and the abandoned Conrail tracks.
The Division of Permit and Inspection Services and the
Division of Collections have no objections to the sale. There
are no outstanding code violations, taxes, or other liens
owed to the City of Buffalo by the purchasers.
The project has been reviewed and approved by the City
Planning Board.
The Division of Real Estate has investigated the same of
similar parcels in the subject area. Sale prices range from
ten cents ($.10) to thirty cents ($.30) per square foot.
The results of our negotiations are that Mr. and Mrs.
Sanders have agreed and are prepared to pay seventy -five
hundred dollars ($7,500), eleven cents ($.11) 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 134 West Northrup Street to Mr. and Mrs. Sanders
for seventy -five hundred dollars ($7,500). 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.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT AND BIRECTOR OF REAL ESTATE.
FROM THE COMPTROLLER
NO. 11
CERTIFICATE OF DETERMINATION
Certificate of determination by the comptroller determining
the term for and details of issuance of $15,245,000 general
improvements serial bonds - 2004 -b and $2,700,000 school
serical bonds - 2004 -c of the city of buffalo, new york,
aggregating $17,945,000 and providing for the private sale
thereof.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 12
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
COMMON COUNCIL - LEGISLATIVE
We, Anthony M. Masiello, Mayor and Andrew A.
SanFilippo, Comptroller, do hereby certify, pursuant to
§20 -12 of the Charter, that it is necessary that the sum of
$8,168 be transferred and reappropriated within Common
Council Legislative, as set forth below:
From:
10111001 - 411001 Salaries - Regular $4,000
10 103001 - 411001 Salaries - Regular $4,168
To:
101020001 - 412002 Hourly Salary $8,168
Dated: Buffalo, NY, May 21, 2004
RECEIVED AND FILED
NO. 13
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
COMMON COUNCIL - LEGISLATIVE
We, Anthony M. Masiello, Mayor and Andrew A.
SanFilippo, Comptroller, do hereby certify, pursuant to
§20 -12 of the Charter, that it is necessary that the sum of
$2,643.58 be transferred and reappropriated. within
Common Council Legislative, as set forth below:
From:
10 109001 - 411001 Salaries - Regular $2,643.58
To:
101020001 - 412002 Hourly Salary $2,643.58
Dated: Buffalo, NY, June 1, 2004
RECEIVED AND FILED
FROM THE COMMISSIONER OF ASSESSMENT AND
TAXATION
NO. 14
DELINQUENT ECIDA AND CITY PILOT AGREEMENTS
Attached is a listing of delinquent ECIDA and City PILOT
accounts as of May 20, 2004. The company name, address
of the property covered by the agreement, year of the unpaid
billing and the unpaid amounts are listed separately.
We are requesting the ECIDA, the City of Buffalo
Department of Law and the City of Buffalo Collection
Division to pursue collection of these delinquent agreements.
REFERRED TO THE COMMITTEE ON FINANCE,
DIRECTOR OF COLLECTIONS, AND CORPORATION
COUNSEL.
FROM THE COMMISSIONER OF PUBLIC WORKS,
PARKS AND STREETS
NO. 15
NOTIFICATION SERIAL 49944
INSTALL NO STANDING
ON EAST UTICA STREET, SOUTH SIDE
BETWEEN MAIN STREET
AND MICHIGAN AVENUE
(MASTEN DISTRICT)
NO STANDING - INSTALL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 22 Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding
thereto the following: NO STANDING
PROHIBITED PORTION OF HIGHWAY PROHIBITED
PERIOD
East Utica Street, south side At All Times
between a point 250' east of Main Street
and Michigan Avenue
This action is being taken, pending the restriping of East
Utica Street, between Main Street and Michigan Avenue in
order to provide additional on- street parking in that section of
East Utica Street for area merchants.
Waive 45 Days
RECEIVED AND FILED
NO. 16
REPORT OF BIDS
SCAJAQUADA PATHWAY PHASE III
PIN 45756.14
NORTH DISTRICT
This is to advise Your Honorable Body that I have
advertised for and received bids on May 26, 2004 for
construction of Phase III of the Scajaquada Pathway, P.I.N.
#5756.14. The following bids were received:
Donald J. Braasch Construction, Inc.
1661 Lakeview Rd.
Lakeview, NY 14085 $ 1,287.000.00
Summit Construction Group, Inc.
6 Lancaster Pkwy.
Lancaster, NY 14086 $ 1,305,319.50
Visone Construction, Inc.
79 Sheldon Ave.
Depew, NY 14043 $ 1,388,583.00'
Adjusted Bid Total
I hereby certify that the lowest responsible bidder is Donald
J. Braasch Construction, Inc. and respectfully recommend
that Your Honorable Body authorize a contract award in the
amount of $ 1,351.350.00 (Base Bid $ 1,287,000.00 + a $
64,350.00 - 5% Unit bid Increase — $ 1,351,350.00). This
project is funded by the FHWA, NYSDOT and the City of
buffalo as part of the local Transportation Improvement
Program (T.I.P.) and the City of Buffalo's share of costs is
5 %. Funds for this work will be available in a Capital Project
Account to be established specifically for this project. The
engineer's estimate for this work is $ 1,250,000.00.
Mr. Coppola Moved:
That the above communication from the Commissioner of
Public Works, Parks and Streets dated June 3„ 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
Scajaquada Pathway Phase III, PIN #5756.14, to Donald J.
Braasch Construction, Inc., the lowest responsible bidder, in
the amount of $1,351,350.00 (Base Bid $1,287,000.00 + a
$64,350.00 - 5% Unit bid Increase = $1,351,350.00). This
project is funded by the FHWA, NYSDOT and the City of
Buffalo as part of the local Transportation Improvement
Program (T.I.P.) and the City of Buffalo's share of costs is
5 %. Funds for the project are available in Capital Project
Account to be established specifically for this project.
PASSED
AYES -9 NOES -0
NO. 17
ELECTRIC FACILITIES EASEMENT NORTH JEFFERSON
LIBRARY MASTEN DISTRICT
Permission is hereby requested from Your Honorable
Body to empower the Commissioner of Public Works, Parks
& Streets to negotiate and sign for the abandonment of an
existing easement and negotiate a new electrical facilities
easement on the North Jefferson Library site. The easement
is required to supply power to the new library.
Mr. Coppola moved:
That the above communication from the Commissioner of
Public Works, Parks and Streets dated June 3 „2004, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets,
be, and he hereby is authorized to negotiate and sign for the
abandonment of an existing easement and negotiate a new
electrical facilities easement on the North Jefferson Library
site.
PASSED
AYES -9 NOES -0
NO. 18
INCREASE IN CONTRACT
CITY -WIDE SIDEWALK REPLACEMENT - 2004,
GROUP #624, P & J. CONSTRUCTION CO., INC.
CONTRACT #92010872
1 hereby submit to Your Honorable Body the following
change in contract for the project reference above. This
change order was necessary to replace curb & sidewalk on
Seneca Street - Buffalo River to City Line at miscellaneous
locations at the request of Councilmember Griffin.
Change order quantities as follows:
Contract Description Unit Unit Price Quantity
Cost
Item
R05.204S Concrete Sidewalk Sq.Ft. $2.90 25,400
$73,660.00
R07.506S Concrete Curb- 6” Repl. Lin.Ft. $22.00
700 $15,400.00
R7.506RS Concrete Curb- 6" Rad.Repl. Lin.Ft. $23.00
475 $10,925.00
Total
$99,985.00
Contract Summary
Existing Contract Amount $800,800.00
Amount of this change $99,985.00
Revised Contract Amount $900,785.00
BURA has approved a transfer of funds for this work at their
regular meeting of February 12, 2004, Item #3C and
permission is requested to deposit these funds in our Capital
Projects Account 430032106 and or a future account
established after the bond sale of June 2004.
1 respectfully certify that this change order is fair and
equitable for the work involved, and respectfully request that
your Honorable Body approve the subject change order and
authorize the Commissioner of Public Works, Parks &
Streets to issue said change order to P & J Construction Co.,
Inc.
Mr. Coppola moved:
That the above communication from the
Commissioner of Public Works, Parks and Streets dated
June 3, 2004, be received and filed; and
That the Commissioner of Public Works, Parks
and Streets be, and he hereby is authorized to issue a
change order to P & J Construction Co., Inc., an increase in
the amount of $99,985.00, as more fully described in the
above communication, for work relating to City -Wide
Sidewalk Replacement - 2004, Group #624, Contract
#92010872. Funds for this project are available in Capital
Projects Account #30032106 and or a future account
established after the bond sale of June 2004.
Passed
AYES -9. NOES -0.
NO. 19
PERMISSION TO ENTER INTO TEMPORARY EASEMENT
AGREEMENTS
REHABILITATION OF SOUTH PARK LIFT BRIDGE
OVER THE BUFFALO RIVER
PIN #5756.82 BIN #2260650
SOUTH DISTRICT
Permission is requested from Your Honorable Body
to authorize the Commissioner of Public Works, Parks and
Streets to enter into temporary easement agreements to
facilitate construction related to rehabilitation of the South
Park Lift Bridge. There are three (3) temporary easements
required in the street right of way and all legal descriptions,
maps and fees have been prepared /negotiated by our
project consultant as follows:
1. Map No. 1, Parcel 1 PVS Chemicals, Inc., (New York)
Easement Price $1,100.00
Now known as PVS Chemical Solutions, Inc.
55 Lee Street
Buffalo, NY 14220 -1035
2. Map No. 2, Parcel 2 Buffalo Color Corporation Easement
Price $ 1,250.00
1337 South Park Avenue
Buffalo, NY 14220 -1035
3. Map No.3, Parcel 3 Steelfields, LTD. Easement Price $
700.00
726 Exchange Street
Buffalo, NY 14120
This project is funded by the FHWA, NYSDOT and
the City of Buffalo as part of the local Transportation
Improvement Program (T.I.P.). The City of Buffalo's share of
costs is 5% for all phases of this project including these
easements, which are referred to as R.O.W. incidentals.
Funds for these necessary temporary construction
easements will be available in our Capital Project Account
specifically for this project.
Mr. Coppola moved:
That the above communication from the
Commissioner of Public Works, Parks and
Streets dated June 3, 2004, be received and filed; and
That the Commissioner of Public Works, Parks
and Streets be, and he hereby is authorized to enter into
temporary easement agreements, as more fully described in
the above communication, to rehabilitate, the South Park Lift
Bridge. The City of Buffalo's share of costs is 5% for all
phases of this project including these easements, which are
referred to as R.O.W. incidental. Funds for these necessary
temporary construction easements will be available in
Capital Project Account specifically for this project.
Passed
AYES -9. NOES -0.
NO. 20
VARIOUS PUBLICATION BOXES ON
CITY RIGHTS OF WAY
ITEM NO. 123, C.C.P. 03/16/04
It is recalled that on occasion, an effort has been pushed to
regulate the placement of various publication boxes on City
rights of way. Attached is Item #118, C.C.P. of April 5, 1983,
a communication from then Corporation Counsel John J.
Naples. Also attached is a copy of Item 4 156, C.C.P. of April
19, 1983, which was proposed legislation covering the
placement of these boxes.
Our records indicate that the legislation was never approved
because of possible court challenges. I suggest that the
Corporation Counsel's opinion be sought on the legality of
such controls.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
CORPORATION COUNSEL.
NO. 21
CERTIFICATE OF APPOINTMENT
Appointment Effective: May 24, 2004 in the Department of
Public Works, Parks and Streets, Division of Water, to the
position of Caulker Supervisor I, Permanent Promotion, at
the Intermediate Starting Salary (3 level) of $38,580.00.
Michael Wolasz Jr.
53 Huntley Road
Buffalo,NY 14215
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 22
CERTIFICATE OF APPOINTMENT
Appointment Effective May 31, 2004 in the Department of
Public Works, Parks and Street, Division of Water, to the
position of Caulker Supervisor I, Permanent Promotion, at
the Intermediate #4 Starting Salary of $40,253.00.
Izydor Karbowski
216 Rebecca Park
Buffalo, NY 14207
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF POLICE
NO. 23
PURCHASE OF K -9 DOG
K -9 Police Officer Ronald Conrad is retiring on May 30,
2004, and would like to purchase his K -9 dog upon
retirement. His dog is over ten years old, which would make
it untrainable to a new handler. Therefore, we respectfully
request that Police Officer Conrad be allowed to purchase
said K -9 from the City of Buffalo at a cost of $1.00.
Council Request:
K -9 Police Officer Ronald Conrad is retiring on 5/30/04 and
would like to purchase his k9 upon retirement. His dog is
over ten years old, which would make it untrainable to a new
handler. There fore we would respectfully request that PO
Conrad be allowed to purchase said K -9 from the City of
Buffalo for the cost of $ 1.00.
Mr. Coppola moved:
That the above communication from the
Commissioner of Police dated May 26, 2004, be received
and filed; and
That K -9 Police Officer Ronald Conrad be, and he
hereby is authorized to purchase his K -9 dog from the City of
Buffalo at a cost of $ 1.00.
Passed.
AYES -9. NOES -0.
NO. 24
"VEHICLE AUCTION REVENUE"
(ITEM NO. 166, C.C.P. 07/10/01)
The following is a response to your request regarding the
vehicle auction money. The City of Buffalo brought in a total
vehicle auction revenue of $109,843 in the 2002/2003 fiscal
budget year. Of this amount approximately $15,000 was
brought in by the Police Department.
In the current 2003/2004 fiscal budget year, the entire City
vehicle auction revenue as of this date (May 26, 2004) is
$6,550 of which $1,000 was obtained by the Police
Department. As per Kathy Fitzpatrick in the Purchase
Department, the money is deposited directly into the City's
general fund and used to offset current and future new
vehicle purchases.
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 26
CERTIFICATE OF APPOINTMENT
Appointment Effective: May 26, 2004 in the Department of
Police
Division of: Police to the Position of: Captain, Permanent
Promotion at the Flat Starting Salary of $75,223.
Christina Giardina
341 Willow Green Drive
Amherst, NY 14150
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 26
CERTIFICATE OF APPOINTMENT
Appointment Effective: May 26, 2004 in the Department of:
Police
Division of: Police to the Position of Captain, Contingent
Permanent, Promotion, at the flat starting salary of $75,223.
Harold McLellan
49 Division Street
No. Tonawanda, NY 14120
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 27
CERTIFICATE OF APPOINTMENT
Appointment Effective: May 26, in the Department of: Police
Division of Police, to the position of Chief, Provisional
Appointment, at the flat starting salary of $84,771.
Mark S. Antonio
364 Lake Avenue
Lancaster, NY 14086
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 28
CERTIFICATE OF APPOINTMENT
Appointment Effective May 26, 2004 in the Department of:
Police
Division of Police to the Position of: Detective Sergeant
Permanent Promotion, at the flat starting salary of $62,423.
Laurelann Denny
462 Washington Highway
Snyder, N.Y. 14226
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 29
CERTIFICATE OF APPOINTMENT
Appointment Effective: May 26, 2004 in the Department of
Police
Division of Police to the Position of Inspector, Permanent
Promotion, at the flat starting salary of $82,256.
Joseph F. Strano
260 Cardinal Lane
Grand Island, NY 14072
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 30
CERTIFICATE OF APPOINTMENT
Appointments Effective May 26, 2004 in the Department of
Police
Division of Police, to the Position of Lieutenant, Permanent
Promotion, at the flat starting salary of $66,315.
James Panus
296 Westbrook Drive
Cheektowaga, NY 14225
Marcia C. Scott
17 Lennox Avenue
Snyder, NY 14226
Robert A. Macey
34 Camner Avenue
Lancaster, NY 14086
Mary E. Hanley
163 Hinman Avenue
Buffalo, NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 31
CERTIFICATE OF APPOINTMENT
Appointment Effective: May 26, 2004 in the Department of
Police
Division of Police to the Position of Lieutenant, Contingent
Permanent,
Promotion, at the flat starting salary of $66,315.
James P. Curtin
100 Zittel Street
Buffalo, NY 14210
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 32
CERTIFICATE OF APPOINTMENT
Appointment Effective: May 26, 2004 in the Department of
Police
Division of Police to the Position of: Police Officer
Permanent, Appointment- Change of Status, at the
Intermediate Starting Salary of: $ 51,099
Timothy W. Wagner
97 Ross
Buffalo, NY 14207
Donna M. Benitez -Ross
132 Marine Drive
Amherst, NY 14228
Eric W. Fuller
94 Eller Avenue
Buffalo, NY 14211
John T. Evans
366 Eden Street
Buffalo, NY 14220
Denise M. Casey
72 Dundee Street
Buffalo, NY 14220
Mark C. White
169 Norman
Buffalo, NY 14210
Charles Clifford
15 Brookside Drive
West Seneca, NY 14220
Sollie Boone
66 Mulberry Street
Buffalo, NY 14204
Tina L. Ferraro
339 Crowley Avenue
Buffalo, NY 14207
Patricia A. Parete
380 Richmond Avenue
Buffalo, NY 14222
Steven P. Alvarez
125 Bloomfield -Upper
Buffalo, NY 14220
Jennifer T. Zanghi
15 Franklin Street
Williamsville, NY 14221
Suzanne J. Bohen
156 McKinley Parkway
Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE CORPORATION COUNSEL
NO. 33
TOPS MARKETS, LLC
1460 SOUTH PARK
ACCESSORY FUELING FACILITY
We have enclosed a proposed Negative Declaration for your
review and consideration.
Mr. Coppola moved:
That the above communication from the
Corporation Counsel dated June 3, 2004, be received and
filed; and
That the Common Council does hereby adopt the
Negative Declaration for Tops Markets, LLC at 1460 South
Park, accessory fueling facility in accordance with Article 8 of
the Environmental Conservation Law (SEAR) and set forth
at Part 617 of Title 6 of the New York Code of Rules and
Regulations Part 617.
Passed.
AYES- BONIFACIO, COPPOLA, DAVIS, FONTANA,
FRANCZYK, GRIFFIN, RUSSELL, THOMPSON -8
NOES - GOLOMBEK -1.
FROM THE COMMISSIONER OF PERMIT & INSPECTION
SERVICES
NO. 34
USED CAR DEALER
269 HINMAN (NORTH)
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 269
Hinman 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 Carmela Sarcinelli. The attached thereto for
Carmela Sarcinelli d /b /a Credit Express Auto Plaza Corp.
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 May 24, 2004, be
received and filed; and
That pursuant to Chapter 254 of the City Code, the
Commissioner of Permit and Inspections Services be, and
he hereby is authorized to grant a Used Car Dealer license
to Carmela Sarcinelli d /b /a Credit Express Auto Plaza Corp.,
located at 269 Hinman,
Passed.
AYES -9. NOES -0.
FROM THE CITY CLERK
NO. 35
MINUTES OF THE BOARD OF ETHICS
Attached please find the minutes of the April 20, 2004
Board of Ethic meetings.
City of Buffalo
Board of Ethics Meeting
April 20, 2004
Present:
Douglas Coppola
James Magavern
Charles L. Michaux, III
Sylvester Harold
Eleanor Paterson
Excused:
Michael Risman
Richard Sullivan
Guest:
Renee Caputi - Handbook Project
Item #1) Roll Call
Item #2) Mr. Coppola moved to accept the minutes of the
March 22, 2004 meeting seconded by Mr. Michaux. All were
in favor and the minutes were received and filed.
Items #3) The board was briefed on non - filers. Linda
Andersen noted that all City Employees have filed their
annual disclosure statement and that there are 18 board
members who have not yet filed. Mr. Coppola moved to send
out the 15 -day letters to non - filers informing them once again
of their obligation. The letter should state that they have until
May 15, 2004 to file to avoid possible sanctions. The board
will mail the letters out by April 30, 2004.
Mr. Stitts sent a letter to the board requesting an extension
of April 30, 2004 for members of the Johnnie B. Wiley Sports
Pavilion. In his letter Mr. Stitts stated that he has been
working on establishing the boards' members and requires
more time to complete this task. Mr. Coppola moved to allow
the extension, seconded by Mr. Magavern.
The board noted that it has not received a list of individuals
required to file an annual disclosure statement as members
of the Buffalo Economic Development Zone Board (BEDZ). It
was suggested that a letter go out to Mr. Wanamaker,
Executive Director of Strategic Planning, asking that he
please submit the list or respond in writing as to why one
cannot be supplied.
The board then moved to the issue of conducting hearings
for non - filers. The board asked to receive a copy of the
Administrative Procedures Act to ensure that non - filers
receive proper notification should hearings become
necessary. Mr. Michaux stated that he would get a copy from
Mr. Risman and have it forwarded to board members for
their review. The board also inquired into the availability of a
hearing officer. Mr. Michaux stated that he would contact Mr.
Risman and ask for his assistance in finding a hearing officer
available to conduct hearings in the beginning of June,
should one be required.
Items #4 - 49) Letter to Mr. Giusana - regarding his failure to
file 2003 annual disclosure statement and the boards
decision to allow the imposed fine of $100.00 to stand; Letter
to Mr. Mclvor - regarding the boards decision to rescind the
imposed fine of $500.00; Letter to Buffalo Sewer Authority -
regarding the removal of Mr. Progenzano's name from the
list of required filers; Transactional disclosure from Mr.
Matarese, Commissioner of Human Resources; and a letter
from Mr. Stitts requesting an extension for filings by the
Johnnie B. Wiley Sports Pavilion Board were all received
and filed by the board.
Items #10 - #11) Both of these items were informational
items and were also received and filed by the board.
Old Business:
Item #1.) Renee Caputi reported on her progress with the
Code of Ethics Handbook Project. The board spoke with her
prior to the start of the meeting and answered questions she
had regarding the completion of her draft. The board reports
that she does have a draft prepared that she is working on
the format and that she has met with the Dean of the Law
School in preparation of the final draft.
The next meeting of the Board of Ethics was set for
Tuesday, May 25, 2004 in room
1308 at 9:00 a.m. Meeting adjourned.
RECEIVED AND FILED
NO. 36
AUTO ALLOWANCE
I transmit herewith certificates of auto allowance
submitted for the following individuals in the various
departments listed below:
Fire -Lt. Shawn Geary
RECEIVED AND FILED.
NO. 37
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
333 Franklin St Laughlins Beef & Barrel, Inc.
no name
given
2 Templeton Terrace Speciality Rests. Corp.
Shanghai
Red's
RECEIVED AND FILED
NO. 38
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- Brian Wells, Louisa Cancilla,
Paul McCabe
Police- Debra A. Drzazga, Sonji Robinson
RECEIVED AND FILED.
NO. 39
REPORTS OF ATTENDANCE
I transmit herewith communications received by me, from the
various boards, commissions, agencies and authorities
reporting the membership attendance at their respective
meetings:
Buffalo Sewer Authority 05/26/04
RECEIVED AND FILED.
NO. 40
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
I transmit herewith appointments to the position of Council
Intern.
Mr. Coppola moved the approval of the appointments to the
position of Council Intern
ADOPTED.
CERTIFICATE OF APPOINTMENT
Appointment Effective June 1, 2004 in the Department of
Common Council, to the Position of Intern V, Seasonal
Non - Competitive
at the: Flat Starting Salary of: $ 8.00 /hr
Elena Russell, 25 Shirley Ave., Buffalo, NY 14215
NO. 41
NOTICES OF APPOINTMENTS - SEASONAL /FLAT
I transmit herewith certificates received by me, reporting
seasonal and flat salary appointments made in various
departments.
RECEIVED AND FILED.
POSITION ALLOCATION MAINTENANCE FORM
Appointment Effective 05/17/2004 to the Position of Bridge
Operating Engineer in the Department of Public works,
Parks and Streets, Division of Engineering at the flat starting
salary of $10.25/hr
Lawrence E. Parks, 414 Northumberland, Buffalo, NY
14215
CERTIFICATE OF APPOINTMENT
Appointment Effective: June 1, 2004 in the Department of
Public Works, Parks & Streets, Division of Water to the
Position of Clerk,
Seasonal Appointment at the Flat Starting Salary of $8.15/hr
Sally Tutuska, 324 Germania St, Buffalo, NY 14220
Suzann Spagnuolo, 101 Newfield St., Buffalo, NY 14207
CERTIFICATE OF APPOINTMENT
Appointment Effective 5/27/04 in the Department of Public
Works, Division of Streets to the Position of Laborer II,
SEASONAL
APPOINTMENT at the flat Starting Salary of $8.15 hr.
Patrick Overdorf, 122 Turner Avenue, Buffalo, NY 14220
CERTIFICATE OF APPOINTMENT
Appointment Effective 5/26/04 in the Department of Public
Works, Division of Streets to the Position of Laborer II,
SEASONAL
APPOINTMENT at the flat Starting Salary of $8.15 hr.
Joseph Rodrigues, 297 Downing St., Buffalo, NY 14220
Joseph Slomba, 38 Sibley St., Buffalo, NY 14220
CERTIFICATE OF APPOINTMENT
Appointment Effective 5/31/04 in the Department of Public
Works, Division of Streets to the Position of Laborer II,
SEASONAL
APPOINTMENT at the flat Starting Salary of $8.15 hr.
Mcgurn, Matthew, 48 Marragansett, Buffalo, NY 14220
CERTIFICATE OF APPOINTMENT
Appointment Effective 5/24/04 in the Department of Public
Works, Division of Streets to the Position of Laborer II,
SEASONAL
APPOINTMENT at the flat Starting Salary of $8.15 hr.
Brandon Banas, 228 Esser Avenue, Buffalo, NY 14207
Nicholas Sterlace, 41 Kimberly Street, Buffalo 14220
Richelle Tordoff, 54 Carmel Rd, Buffalo, NY 14214
CERTIFICATE OF APPOINTMENT
Appointment Effective 05/25/2004 in the Department of
Public Works, Division of Parks to the Position of Fee
Collector, Seasonal Appointment at the Minimum Starting
Salary of $5.15/hr
Cardin Evelyn, 41 Helen, Buffalo, NY 14213
NO. 42
APPOINTMENTS - TEMPORARY, PROVISIONAL OR
PERMANENT
I transmit herewith Appointments in the various
departments made at the Minimum (Temporary, Provisional
or Permanent) (as per contract requirements).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
CERTIFICATE OF APPOINTMENT
Appointment Effective: May 26, 2004 in the Department of
Public Works, Parks & Streets, Division of Buildings to the
Position of Senior First Class Stationary Engineer,
Temporary Appointment at the Flat
Starting Salary of: $10.25/hr
John A. Loughran, 205 Marine Drive, Apt.7A, Buffalo 14202
CERTIFICATE OF APPOINTMENT
Appointment Effective May 28, 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
Quilette Middlebrooks, 77 Cloverdale, Buffalo, NY 14215
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
NO. 43
NICK BONIFACIO
THE SAFE RESTORATION OF JOE "BYE BIONDOLILLO /
KITTIE RUSHTON SUNSHINE PARK /PLAYGROUND
SUNSHINE PARK)
Dear Council Members,
This letter to you is my last effort to save Sunshine Park on
Massachusetts Avenue before the city's legal department
turns the playground over to the Boy's and Girl's Club of
Buffalo for demolition. I believe that decision would be the
wrong way to approach this problem we find ourselves in
and I would like the opportunity to talk with the Common
Council so they might hear a different side to the
playgrounds problems in hopes of saving the playground our
community built in 1994 with 600 community volunteers.
In 1988 1 was elected Block Club President for the
Massachusetts Avenue Block. The problems in our
neighborhood became so bad that we formed a larger group
the Massachusetts Avenue Project in 1992. This was the
first Weed and Seed project that the United Way of Buffalo,
MAP, and the city of Buffalo worked on collaboratively. After
the playground was built MAP took the city, for the first time
in buffalo's history, to the All America City Contest in San
Francisco. We did not win but we were proud to show the
country how great our city is.
At this time, after 16 years of community service, I believe
it's only fair for the Common Council to hear my side of this
disturbing story. With this I hope to change the minds of the
council and protect the proud history my neighborhood
fought so hard for. I look forward to hearing from you and
hope no decision is made until both sides are heard.
Sincerely,
Eileen W. Welborn
Retired MAP Co -Chair
REFERRED TO THE COMMITTEE ON FINANCE,
COMMISSIONER OF PUBLIC WORKS,
PARKS AND STREETS, AND CORPORATION COUNSEL.
NO. 44
B. CAMPBELL -PEACE BRIDGE EXOANSION PROJECT -
TELEPHONE POLLING RESULTS
Available for review in The City Clerk's Office
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 46
B. DAVIS REPLY TO AUDIT STRATEGIC PLANNING
June 2, 2004
Mr. Charles L. Michaux III
City Clerk Office
1308 City Hall
Buffalo, NY 14202
Dear Mr. Michaux III,
Please file the attached correspondence for the upcoming
Council Session to be held on Tuesday, June 8, 2004 for
further discussion.
Thank you in advance for you assistance in this matter.
Sincerely,
Dear Mr. Wanamaker:
Re: Audit Reply Required under City Charter
I have a specific request from the Common Council to elicit
your audit response.
The audit in question is of course the 2002 Audit of Contract
Personnel wherein the Comptroller's Office reported that
"over 60 individuals in the three development companies that
You now oversee, were de -facto employees, not
independent contractors.
Both the Council and the Comptroller's Department are
aware that you were not in your current position during the
audit period, but you currently hold these positions and the
future practices are your responsibility.
In your appearances before the Common Council you stated
that you agreed with the audit and have not used contract
personnel, except in relatively few cases.
The Council and Charter process requires written responses
and in this case there is a presumption of change in
procedures.
The Council members have left this item open on their
agenda for an inordinate amount of time.
I Would propose that your response could be facilitated by
responses to the following set of questions in lieu of the
written response that both branches of government need to
fulfill their responsibilities.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 46
B. DAVIS- RECOGNIZE JOHNSON PARK
June 2, 2004
Mr. Charles L. Michaux III
City Clerk Office
1308 City Hall
Buffalo, NY 14202
Dear Mr. Michaux III
Please file the attached correspondence for the upcoming
Council Session to be held on Tuesday, June 8, 2004 for
further discussion.
Thank you in advance for you assistance in this matter.
German, Kimberly
From: Johnson Park Association Block Club
[ Johnson - Park - Neighbors @msn.com]
Sent: Thursday, May 20, 2004 8:33 PM
Subject: Olmsted Contribution
This is not a solicitation. The reason you are receiving this
e -mail is because you have expressed interest in Johnson
Park, its history, and its significance in the make up and
development of Buffalo, NY.
We recently received an extremely well produced direct mail
piece from the Buffalo Olmsted Parks Conservancy. In it, the
Conservancy provides background information about
numerous great works they have performed for various
greenspaces throughout our area. The Conservancy is
certainly a wonderful organization and the work and effort
they have and are committed to is exemplary.
However, one paragraph states: "At the Buffalo Olmsted
Parks conservancy, we have one mission: to restore,
revitalize and maintain the parks, parkways, circles and
other Olmsted spaces that touch and enhance our "I we can
continue our work to carry on Olmsted's vision."
lives. With your help,
In 2002 the JohnsonTark Association contacted the
Conservancy regarding Johnson Park - the first park in
Buffalo, land deededtto the city in 1837 by Mayor Ebenezer
Johnson and part of Olmsted's 1867 redesign map /plan. We
were told that if we could provide proof, we would be
accepted into the group. A map of the Olmsted redesign was
provided via e-mail with no response from the Conservancy.
Since then the Johnson Park Association has endeavored to
create a welcome, safe and attractive greenspace befitting
the vision of Mayor Johnson and Olmsted. Since we also
recognize the need to educate children of the area to the
history and civic responsibility they have for the future of our
parks and neighborhoods, we have worked very hard with
various fund raisers and events. We have decided to make it
on our own, if need be. Fortunately, we hav6, had assistance
in the way of attendance at our events and fundraisers from
wonderful people such as you and in -kind services from
various local businesses, as well.
We have worked very hard to establish strong partnerships
with our local police, parks and streets departments as well
as government leaders and department heads. When we
need to repair areas where cars have damaged the historic':
green, we buy the seed and top soil. We have created a
wonderful space with no assistance from the Olmsted Parks
Conservancy. This month we have received a
Buffalo- Niagara All America City Civic Empowerment Award
that attests to our efforts. We have been nominated for a
Great Public spaces Award in 2003. And we're not done yet!
Therefore, I personally have returned my plea letter to the
Conservancy with the following statement:
"Until such time that this organization recognizes Johnson
Park as the first park in Buffalo AND part of Frederick Law
Olmsted's 1867 redesign of the Buffalo Parkway system, I
will not contribute to the Buffalo Olmsted Parks
Conservancy."
Maybe I wouldn't be6 so determined had someone returned
the phone calls and a -mails back in late 2002 and early
2003. If the C6nservancy decided Johnson Park could not
join the organization, it would not have hurt to at least
respond one'way or another. Instead, we were ignored, cast
aside.
It certainly is up to each and everyone of you as to what you
are going to do once you receive this plea mail piece from
the Conservancy. We respect each and everyone of you as
you have also embraced our cause and efforts. But, if you do
provide a donation or response, could you remind them of
the importance of this historic (recognized by city, state and
National Registry of Historic Places) park? Maybe they'll
listen to many voices instead of just a cry ih the wilderness.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 47
B. DAVIS- PARKING MANAGEMENT AGREEMENT
Mr. Charles L. Michaux III
City Clerk Office
1308 City Hall
Buffalo, NY 14202
Dear Mr. Michaux III,
Please file the attached correspondence for the upcoming
Council Session to be held on Tuesday, June 8, 2004 for
further discussion.
Thank you in advance for you assistance in this matter.
Sincerely,
The Parking Board
Chairman Henry J. Osinski
City of Buffalo
City Hall, Room 1801
Buffalo, New York 14202
Re: Parking Management Agreement
Dear Mr. Chairman:
Buffalo Civic Auto Ramps currently manages several of the
City of Buffalo owned parking assets pursuant to a
Management Agreement. This Management Agreement is
set to expire June 30, 2004. There is no automatic extension
provision within the agreement.
The service being provided by BCAIR is one which falls
under the General Municipal Law requirement for public
bidding of municipal contracts. Since this is a significant
contract and one which other parties are interested in
bidding on, we had expected a Request for Proposals and /or
bid packet would be issued sometime this Spring.
Please advise as to a time table for bid packages and the
bidding process with regard to the Management Agreement.
Your consideration responding to this request is appreciated.
REFERRED TO THE COMMITTEE ON FINANCE AND
THE CORPORATION COUNSEL
NO. 48
B. DAVIS -DRUG ASSET FORFEITURE FUNDS
June 2, 2004
Mr. Charles L. Michaux III
City Clerk Office
1308 City Hall
Buffalo, NY 14202
Dear Mr. Michaux III,
Please tile the attached correspondence for the upcoming
Council Session to be held on Tuesday, June 8, 2004 for
further discussion.
Thank you in advance for you assistance in this matter.
Sincerely,
Brian C. Davis
Ellicott District Councilmember
Dear Miss Rider,
The purpose of this letter is to seek a determination of
permissable /impermissible use of Drug funds for the
following Purpose.
The City of Buffalo Police Department, in conjunction with
community groups, established a neighborhood, COPS
Satellite program approximately 10 years ago. At its
inception there were two satellites and over the years., the
number has grown to five. The Police Department evaluates
each satelite location and agenda With Community Input and
then determines should be established. The
Satellites are community based; the building, is donated and
is not the property of the City. Each satellite costs
approximately S30,000 per year to run: S26,000 for the
salary and fringe benefits for a site coordinator, $1000 for
postage, printing and communication services (cell phone,
and $3,000 to cover comprehensive administrative costs
such as payroll processing, bookkeeping, services, overtime
costs for BPD civilian COP satellite manager, etc. The site
coordinator is responsible for each Satelite C building and is
assisted occasionally by local volunteers and interns from
local colleges.
Throghout their existence, funding for- these satellites has
collie from local Community groups and from various grants,
Secured by the Buffalo Police Department. The site
coordinator is a civilian member of the community and is
neither an employee of the City of Buffalo nor the Buffalo
Police Department. On any given day a sworn officer of the
Buffalo Police Department will stop in at each site and -et all
update on any issues that have been presented. Buffalo
Police CPO's (Community Police Officers, also a sworn
officer) also work with the satellite staff in evaluating and
resolving some of the problems apparent in the local
community. There is not a sworn member of the Police
Department assigned to any of the satellites on a permanent
basis.
The COP Satellite program was initiated to assist the Buffalo
Police Department in achieving one of its primary missions:
to improve the quality of life in Buffalo through the
cooperative efforts of the Police Department and the
community. The COP Satellites address quality of life issues
and day to -day nuisances, such as illegal parking, 10Ud
noise, abandoned cars, graffiti, problem properties, potential
drug trafficking. They provide a valuable neighborhood
resource where residents can report quality of life concerns
and non - emergency issues either in person or by phone and
have them resolved quickly at the Community level.
Depending oil the type of complaint, the site coordinator will
contact the appropriate agency, i.e. building inspectors,
Buffalo Police, Housing Police, sanitation, Mayors hotline,
etc. to get the problem resolved.
At this time, the City of Buffalo Police Department is
requesting a ruling from your agency on
1.- The validity Of using, Drug Asset Forfeiture funds to
assist in supporting any part of this program. If any
expenditure is permissible, to what extent and for what
period (i.e. can it be longer than one year ?) may it be
charged to these funds?
Please fax your response to Buffalo Police Department,
Attention Deputy Commissioner Crystalea Pelletier at 716 -85
1 -408 1. In addition, if you need further information to make
your determination, please contact me at 716 - 851 -45 7 1.
Thank you for your attention in this matter and I look forward
to your response.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 49
B. DAVIS -BELLE CENTER CUTS IN FUNDING
Mr. Charles L. Michaux III
City Clerk Office
1308 City Hall
Buffalo, NY 14202
Dear Mr. Michaux III,
Please tile the attached correspondence for the upcoming
Council Session to be held on Tuesday, June 8, 2004 for
further discussion.
Thank you in advance for you assistance in this matter.
Sincerely,
Brian C. Davis
Ellicott District Councilmember
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT AND COMMISSIONER OF COMMUNITY
SERVICES.
NO. 50
J. HURLEY -NAME CHANGE NOMAL AVENUE
Attached is a letter of support for the proposed name change
from 50 & 52 Normal Avenue.
Mr. Dunkle is enthusiastic about revitalizing the
neighborhood and been in disrepair for the last decade after
being purchased by out -
As a matter of fact, Mr. Dunkle indicated that he had
originally confusion about its location stemming from the
Normal Avenue name
RECEIVED AND FILED
NO. 51
R. FONTANA- TELCOVE AS TELECOMMUNICATIONS
PROVIDER
May 4, 2004
Richard Fontana
Councilman
Room 1414 - City Hall
Buffalo, NY 14202
Dear Councilman Fontana:
My name is Michael Skotarczak and i work for TelCove
headquartered in Coudersport, Pennsylvania. I am writing to
you in regards to something I know will save the hard
working people of Buffalo and Erie County a great deal of
money in tax dollars. Before I make this pitch to you, I would
like you to know I am not a salesman with my company, I will
make NO money off of this presentation, and I do this not as
an employee of TelCove - but as a fellow Buffalonian, born
and bred. I feel that you could internally save a great deal of
money for re- direction in your budget by implementing this
plan. For example, if Buffalo pays $5 million for all of their
telecommunications services - we might be able to give you
all Internet and voice services for $4 million.
Reading the Buffalo News everyday and from visiting my
large family in Buffalo has made me truly realize what kind of
financial dire straits Buffalo and Erie County are in. I have a
proposition that could save the city and county money.
TelCove has done the exact same thing I ask of you to
consider - for COPA (Commonwealth of Pennsylvania) by
supplying all data and voice services for an extremely tax
payer pleasing cost. Because of our company, COPA has
realized millions of dollars in savings that allowed them to
have one of the most advanced communications networks in
the country.
I would like to get a team together at your earliest possible
convenience to discuss all the options and alternatives as to
how we can work together, save money, and give you
cutting edge service, equipment, voice and data.
Here is what I would like propose be turned on to our service
with the most advanced telecommunications equipment and
service:
All Local and County buildings Every school (elementary,
high school, and colleges,) Any other service needed to City
and County Buildings (hospitals).
I do not know whom your current carrier for
telecommunications is, but I can tell you that it is most likely
Verizon. If Verizon (or whomever) is your local provider, ask
them if they are providing you services like this at a package
rate. If they do, then ask the price. We generally can do
better than them on cost and service. The even better news
is that the more service you need or require, the cheaper the
cost.
Knowing how cash strapped the County is, this proposal
might seem like a bad thing or poor timing to bring up. On
the contrary, it is the perfect time to introduce to the City and
County a plan to save the taxpayers a massive amount of
money and in turn, also inform them that (especially the
school systems) the City and County are being upgraded
with a great deal of bandwidth and voice lines to ensure the
constituents the best possible education and service. This
cost will save them money and make the County much more
marketable for bringing in new businesses.
What can we REALLY do for you?
Telcove brings many things to the table as a provider of
voice and data services:
Our Customer service department is more than exceptional
and we even provide a 24/7 call center for additional service.
We are a facilities -based telecommunications provider with
an I I -year history of delivering advanced, secure
communications over our fiber optic network. Among our
customers you will find Fortune 500 companies, educational
institutions, government agencies, financial and healthcare
organizations, and other communications service providers.
Services Offered:
Intemet
Internet Services
Data Center Solutions
• Shared Web Hosting
• Dedicated Web Hosting
• E- commerce
• Co- location
Data
Ethernet
Local Private Line
Private Local SONET Ring
Intercity Private Line
Frame Relay
ATM
REFERRED TO THE COMMITTEE ON FINANCE
AND THE OFFICE OF TELECOMMUNICATIONS
NO. 52
K. ORTEGA- STINGRAY ANGELS -REQ
ASSISTANCE /LIGHTING FOOTBALL FIELD
Dear Mr. Griffin,
I am writing this letter on behalf of the Stingray Angels little
loop football team. We are located at O'kell field in South
Buffalo. The reason for writing this letter to you is, after years
of writing letters and speaking with members of our local
government asking for help, we are quietly turned away. We
are asking for help to avoid serious injury. We are hopeful
that with your help, we can finally get the lights we so badly
need.
The Angels are a 5 thru 8- year -old football team that has a
terrible time practicing after the clocks go back. Due to time
change. The reason is that we have no lights to practice
under. We as coaches and even parents have gone to the
extremes of using the headlights from our vehicles. It doesn't
work because once a player looks into the lights he is
blinded just long enough to get hammered. It is not a good
feeling to get picked off the ground after one of those shots.
We also tried the halogen lights on tripods, that is an
accident waiting to happen as well. We were lucky last
season to avoid major injury, when one of my players took a
shot. It was so bad I had to cancel the rest of practice, just to
avoid any further injuries and to keep an eye on this player. I
could list many more situations like this one but you get the
picture.
After that situation I started making calls trying to locate a
field that had lights to practice under. We were lucky, The
JFK Invaders happened to be playing in the postseason as
well. We managed to set up scrimmages three times a week.
Their field is located on Clinton Street behind Sheehan
Memorial Hospital. Our parents and coaches weren't happy
about the travel but stuck out the season. The fact I chose to
protect their boy's form unnecessary injuries they were
willing to deal with late dinners, doing homework at 9:00
every night, and taking late bathes.
With respect to our other three football squads, they do have
lights but with the positioning and blown bulbs they are of no
use to them.
Now as a new season is about to begin, I would like to give
our boys and parents a great surprise by being able to
practice safely at our home field. I hope there is something
you can do to help. Last fall when you stopped at our field,
you spoke with many of my parents and some of my
coaching staff. You told us if there's anything you could do to
help, just let you know.
Mr. Griffin I am asking for your help. Can you make Okell
field a safer place to practice? Will you help use avoid
unnecessary injuries?
Sir, The Stingray Angles and I thank you for taking the time
to read this letter and wish you a good day. We look forward
to a chance to speak with you about our problems.
Sincerely,
Konrad S. Ortega
Stingray Angels Head Coach
REFERRED TO THE COMMITTEE ON FINANCE AND THE
COMMISSIONER OF PUBLIC WORKS, PARKS AND
STREETS.
NO. 53
SEAMAN & ASSOCIATES
INSTALL TRANSIT SEATING UNITS
31 May 2004
Charles L. Michaux
City Hall
Room 1308
65 Niagara Street
Buffalo, NY 14202
Att: The Office of the City Clerk
Re: Creative Outdoor Advertising/ For Distribution
to City Council
Dear Sir;
As per instruction from Councilor Pitts, I have included within
this package, one original and 3 copies of a request to
Council on behalf of my client, Creative Outdoor Advertising.
Please forward these items to Council for discussion
Thank you for your consideration of this matter and please
do not hesitate to contact me directly at 1 866
496 5897 or by email to 1'0!'L'P,.00111 Should you
require further information.
Dear Sir;
I am writing on behalf of my client, Creative Outdoor
Advertising (COA), to request the permission of City Council
to allow COA to provide a transit litterbin program to the City.
Specifically:
Whereas COA requires the approval of City Council in order
to install transit - seating units with P party advertising rights, I
am respectfully requesting a directive from City Council to
negotiate an agreement with staff and /or the right to appear
"in delegation" to Committee or Council to provide details
respecting a "trans it- litterbin" program.
Under this request, COA would receive the opportunity to
provide up to Five Hundred (500) seating units a transit
stops situated within the greater Buffalo area (recognizing
that each municipality would require specific authorities).
Each seating unit would contain an integrated recycling bin
and would be maintained by the company (recycling would
be the responsibility of the community /City). Maintenance
would include cleaning the unit, snow removal, garbage
collection and any other measure necessary to keep the unit
and immediate site in good repair. Further, the company
would provide the City of Buffalo with a guaranteed revenue
sharing program. Under this program, COA would receive
the right to sell P party signage on the unit as means to
support the overall cost of the program.
260 Queens Quay West, Suite 2501, Toronto, Ontario M5J
2N3
Direct: 416.347.4868, Fax: 416.345.17 10
1.866.496.7857
SeamanConsulting @rogers.com
The benefits of this program are:
New revenue generation to the City,
Waste Collection and Maintenance services provided by
COA,
Pre - installed, custom foundations for each unit,
Free, aesthetically- enhanced seating at transit stops,
A new opportunity for small, medium -sized local businesses
to sponsor individual units, and
City would retain right to approve decline any and all sites
before installation occurs.
As previously contained within this correspondence, I am
requesting the privilege of negotiating the terms of
implementing this program into the Buffalo community either
directly with staff or by Council directive. Further, I would
welcome the opportunity to appear in delegation to City
Council or to attend any meeting of staff or committee where
this matter could be addressed.
Thank you for your consideration of this matter and please
do not hesitate to contact me directly at 1 866 496 5897 or
by email to SeamanConsulting @rogers.com.
REFERRED TO THE COMMITTEE ON LEGISLATION,
CORPORATION COUNSEL, AND COMMISSIONER OF
PUBLIC WORKS, PARKS AND STREETS.
NO. 54
A. THOMPSON- COMMENT ON PROPOSED COUNTY
TAKEOVER OF THE CITY'S PARKS & PARKWAY
SYSTEMS
Dear Mr. Michaux:
Please file the enclosed item with the Council for review and
deliberation at the next meeting scheduled on June 8, 2004
at 2pm-
Respectfully Submitted,
On behalf of the Masten District Council Office and the
33,000 residents of the Masten District, I submit the following
concerns about the proposed County takeover of the City's
parks. First, I write to raise concern about the manner in
which this plan has been devised. In
particular, I argue that because this plan has been crafted
with very little it any input from the community and those that
will be impacted from this plan, I sense that there may be
some resistance to the plan.
Considering the fiscal crunch that Buffalo is currently
experiencing, any plan dealing with such an important issue
as our beloved parks and parkway systems must fully
address who will do what, when they will do it, what source
of funding will be available
to complete the tasks, and what follow up will be done to
ensure that our desired result has been met. Most of which
is left unanswered by the proposed plan.
Second, while advocates of the proposed county parks
takeover argue that the takeover is a necessary measure
because it will help the City of Buffalo by lifting some of our
financial burden, I argue that there are other ways that the
County may relieve the City of some of its financial burden.
By providing the city with additional funds to plow its streets
in the winter this burden can be lifted. By raising the amount
of funding that the City has available to demolish properties
that cannot be saved this goal can be achieved. Similarly, by
providing the City of Buffalo with extra funds to improve its
infrastructure, the City would then have the opportunity to
take better care of its own parks. In closing, encourage the
City and County to take this opportunity to go back to the
table. I ask that the community, residents of Buffalo, and
those who are concerned about this issue are given the
chance to sit at the table, to voice their concerns, and to be a
partner in this venture. Let us work together to take steps to
improve the quality of life for city residents.
RECEIVED AND FILED
PETITIONS
NO. 55,
T. SHELBERG, AGENT, USE 453 WEST AVENUE FOR A
RESTRICTED
PARKING LOT(NIAGARA)
(HRG 06/15)
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARDAND THE CORPORATION
COUNSEL
NO. 56
M. FORD, AGENT, USE 107 DELAWARE AVENUE FOR A
SIDEWALK
CAFE(ELLICOTT)
(HRG 06/15)
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARDAND THE CORPORATION
COUNSEL
NO. 57
B. DAVIS - SUPPZONING CHANGE RESIDENTIAL TO
COMMERCIAL 10 ST
June 2, 2004
Mr. Charles L. Michaux III
City Clerk Office
1308 City Hall
Buffalo, NY 14202
Dear Mr. Michaux III
Please tile the attached correspondence for the upcoming
Council Session to be held on Tuesday, June 8, 2004 for
further discussion.
Thank you in advance for you assistance in this matter.
Sincerely,
Brian C. Davis
Ellicott District Councilmember
REFERRED TO THE COMMITTEE ON LEGISLATION,
CITY PLANNING BOARD AND CORPORATION COUNSEL
NO. 58
A. THOMPSON- PETITIONS BISHOP LEROY JONES
BOULEVARD - TRAILBLAZING
Re: Siged petitions in support of zoning change from
residential to commercial on 10 street
As follow up to my recent conversations with Irma Lorenzo, I
am providing signed petitions regarding the above
mentioned matter. This zoning change will authorize use of
the parking lot behind 254 Virginia, the corporate offices of
Hispanics United of Buffalo. In summary, I can report the
following. a Signatures in support of the zoning
Should you have any questions, please feel fi7ee to contact
my office at (716) 851 -5145.
RECEIVED AND FILED
REGULAR COMMITTEES
CIVIL SERVICE
(BONNIE E. RUSSELL, CHAIRPERSON)
NO. 59
APPOINTMENT
LABORER II (MAX) (PW)
(ITEM NO. 31 - C.C.P. MAY 25, 2004)
That Communication 31, May 25, 2004 be
received and filed and the permanent appointment of Larry
L. Walker stated above at the maximum salary of $27,940
effective on May 17, 2004 is hereby approved.
PASSED
AYES -9. NOES -0.
NO. 60
APPOINTMENT
PARK UTILITY WORKER (INTER #2) (PW)
(ITEM NO. 32- C.C.P. MAY 25, 2004)
That Communication 32, May 25, 2004 be
received and filed and the permanent appointment of Jim
Wilkinson stated above at the intermediate salary of $29,096
effective on May 17, 2004 is hereby approved.
PASSED
AYES -9. NOES -0.
NO. 61
APPOINTMENTS
PARK UTILITY WORKER (INTER #3) (PW)
(ITEM NO. 33 -C C. P. MAY 25, 2004)
That Communication 33, May 25, 2004 be
received and filed and the permanent appointments of
William Price, Jr. and Jeffrey Dziedzic stated above at the
intermediate salary of $30,009 effective on May 17, 2004 is
hereby approved.
PASSED
AYES -9. NOES -0.
NO. 62
APPOINTMENT
PARK UTILITY WORKER (INTER#4) (PW)
(ITEM NO. 34- C.C.P. MAY 25, 2004)
That Communication 34, May 25, 2004 be
received and filed and the permanent appointment of Phillip
Swaringer stated above at the intermediate salary of
$30,923 effective on May 17, 2004 is hereby approved.
PASSED
AYES -9. NOES -0.
NO. 63
APPOINTMENTS
PARK UTILITY WORKER (MAX) (PW)
(ITEM NO. 35- C.C.P. MAY 25, 2004)
That Communication 35, May 25, 2004 be
received and filed and the permanent appointments of
Reynaldo Santana and Fernando Martinez stated above at
the maximum salary of $31,838 effective on May 17, 2004 is
hereby approved.
PASSED
AYES -9. NOES -0.
NO. 64
NOTICE OF APPT.- TEMP. /PROV. /PERM. (C. CLK.)
(CCP #51 -MAY 25, 04)
That the above item be and the same hereby is received and
filed.
ADOPTED
FINANCE
(BRIAN C. DAVIS, CHAIRMAN)
NO. 65
IMPACT OF NEW FED. CTHSE. CONST. DELAY ON COB
REVENUE (ASSESS /TAX)
(CCP# 13 -MAR. 2, 04)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 66
IMPACT OF NEW FED. CTHSE. CONST. DELAY ON COB
REVENUE (LAW)
(CCP #33 -MAR. 2,04)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 67
UTILITY EASEMENT AGREEMENT - NIAGARA MOHAWK
POWER CORP.
369 NORTHLAND - SCHOOL NO. 74
(ITEM NO. 21, C.C.P., MAY 25, 2004)
That the Executive Director of Strategic Planning be, and
he hereby is authorized to enter into an easement
agreement between the City and Niagara Mohawk Power
Corporation, for use of city -owned property located at 369
Northland - School No. 74. That the Corporation Counsel be,
and he hereby is authorized to review said easement
agreement and that the Mayor be authorized to execute the
same.
Passed.
AYES -9. NOES -0.
NO.68
MONTHLY RPT. -DIV. OF CIT. SVS. -APRIL 2004 (CIT.
SVS.)
(CCP #1 -MAY 25, 04)
That the above item be and the same hereby is received
and filed.
ADOPTED
LEGISLATION
NO. 69
(RICHARD A. FONTANA, CHAIRMAN)
M. ROMANOWSKI, PETITION TO USE 1460 SOUTH
PARK FOR A GAS STATION
(ITEM NO. 64, C. C.P., MAY 24, 2004)
That after the public hearing before the Committee on
Legislation on June 1, 2004, the petition of M. Romanowski,
agent, for permission to use 1460 South Park for a gas
station be, and hereby is approved with the following
conditions:
1. That the petitioner makes the appropriate
changes to the fascade as directed by the
Buffalo Planning Board.
2. That the petitioner provides additional
vegetative screening along South Park
Avenue.
Passed.
AYES -9. NOES -0.
NO. 70
J. RUBINO, PETITION TO USE 248 ALLEN - SIDEWALK
CAFE
(ITEM NO. 65, C.C.P., MAY 24, 2004)
That after the public hearing before the Committee on
Legislation on June 1, 2004, the petition of J. Rubino, owner,
for permission to use 248 Allen for a sidewalk cafe be, 'and
hereby is approved.
Passed.
AYES -9. NOES -0.
NO. 71
J. CASEY, PETITION TO USE 197 SUMMER - GROUND
SIGN
(ITEM NO. 66, CCP MAY 25, 2004)
That the petition of J. Casey, owner, for permission to use
197 Summer for a ground sign be, and hereby is approved.
PASSED
AYES -9. NOES -0.
NO. 72
R. LUCCHINO, PETITION TO USE 235 DELAWARE - LCD
VIDEO BOARD SIGN
(ITEM NO. 71, 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 after the public hearing before the Committee on
Legislation on April 20, 2004, the petition of R. Lucchino,
owner, for permission to use 235 Delaware for a LCD video
board sign be, and hereby is approved based on Zoning
Board Approval.
PASSED.
AYES- BONIFACIO, COPPOLA, DAVIS, FONTANA,
FRANCZYK, GOLOMBEK, RUSSELL, THOMPSON -8.
NOES - GRIFFIN -1.
NO. 73
REQUEST NAME CHANGE OF NORMAL AVENUE
BETWEEN PENNSYLVANIA AND PORTER TO
"KLEINHANS PLACE"
(ITEM NO. 145, C.C.P., MAR. 30, 2004)
(ITEM NO. 62, C.C.P., APR. 27, 2004)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Fontana moved:
That the above item be and the same hereby is received and
filed.
ADOPTED.
NO. 74
D. GROSS, UNITED STATES POSTAL SERVICE -
STREET NAME CHANGE OF NORMAL AVENUE TO
"KLEINHANS PLACE"
(ITEM NO. 65, C.C.P., APR. 13, 2004)
(ITEM NO. 63, C.C.P., APR. 27, 2004)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Fontana moved:
That the above - mentioned item be and the same is hereby
received and filed.
Adopted.
NO. 75
STREET NAME CHANGE OF NORMAL AVENUE TO
"KLEINHANS PLACE" (PW)
(ITEM NO. 33, C.C.P., APR. 13, 2004)
(ITEM NO. 64, C.C.P., APR. 27, 2004)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Fontana moved:
That the above - mentioned item be and the same is hereby
received and filed.
Adopted.
NO. 76
J. HURLEY - STREET NAME CHANGE OF NORMAL
AVENUE TO "KLEINHANS PLACE"
(ITEM NO. 43, C.C.P., APR. 27, 2004)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Fontana moved:
That the above - mentioned item be and the same is hereby
received and filed.
Adopted.
NO. 77
APPOINTMENT OF MEMBER - EXAMINING BOARD OF
ELECTRICIANS
(ITEM NO. 1, C.C.P., MAY 11, 2004)
That the appointment of Jeffrey C. Donnelly, residing at 63
Doyle Avenue as a member of the Examining Board of
Electricians for a term commencing immediately and expiring
December 31, 2004, be and it hereby is approved.
Passed
AYES -9. NOES -0.
NO. 78
APPOINTMENT OF MEMBER - CITIZENS PLANNING
COUNCIL
(ITEM NO. 97, C.C.P., MAY 11, 2004)
That the appointment of Chet M. Sobotka, residing at 94
Pontiac Street as a member of the Citizens Planning
Council, be and it hereby is approved.
Passed
AYES -9. NOES -0.
NO. 79
SUPPORT FOR REGIONALISM BY NEGOTIATION - THE
ERIE COUNTY COMPACT ACT
(ITEM NO. 116, C.C.P., APR. 27, 2004)
That this Honorable Body expresses it 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
That the Buffalo Common Council hereby expresses its
intention to engage in a thorough discussion of this
proposal; and
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.
Adopted.
NO. 80
ENFORCEMENT OF ILLEGAL DUMPING ORDINANCE
(POL.)
(CCP #36 -MAY 25, 04)
That the above item be and the same hereby is referred to
the Special Committee on Budget.
ADOPTED
NO. 81
GROUP HEALTH INSURANCE FOR MUNICIPALITIES
(EXC. FIN. 2 RES.)
(CCP #147 -OCT. 28, 03)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 82
HEALTH CARE RATING (# 132,1/20)
(CCP #73 -MAR. 16,04)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 83
HEALTH CARE RATING (A &F) (#24,2/3)
(CCP #74 -MAR. 16,04)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 84
HEALTH CARE RATING (HR) (#28,2/3)
(CCP #75 -MAR. 16,04)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 85
DOG AND ANIMAL CONTROL AND PROTECTION
REFORMS (EXC. 1ST RES.)
(CCP #108 -MAR. 2,04)
That the above item be and the same hereby is referred to
the Special Committee on Budget.
ADOPTED
NO. 86
DOG AND ANIMAL CONTROL AND PROTECTION
REFORMS (LAW)
(CCP #39 -MAR. 16,04)
That the above item be and the same hereby is referred to
the Special Committee on Budget.
ADOPTED
NO. 87
DOG AND ANIMAL CONTROL AND PROTECTION
REFORMS (C. CLK.)
(CCP #48 -MAR. 16,04)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 88
DOG AND ANIMAL CONTROL AND PROTECTION
REFORM -PLAN (C. CLK.)
(CCP #29 -APR. 27, 04)
That the above item be and the same hereby is referred to
the Special Committee on Budget.
ADOPTED
NO. 89
DOG AND ANIMAL CONTROL AND PROTECTION
REFORMS(PW)
(CCP #29 -MAR. 30,04)
That the above item be and the same hereby is referred to
the Special Committee on Budget.
ADOPTED
NO. 90
K. MCCARTNEY- ANIMAL SHELTER - RESPONSE -DOG &
ANIMAL CONTROL PROT. REFORMS
(CCP #46 -APR. 27, 04)
That the above item be and the same hereby is referred to
the Special Committee on Budget.
ADOPTED
NO. 91
D. FRANCZYK -S. LEVY & O -EXP. SUPPORT ANIMAL
CONTROL & PROT. REFORMS
(CCP #75 -APR. 13,04)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 92
J. TERMINI -INFO. - PROPOSALS FOR BUFFALO CITY
SHELTER
(CCP462 -MAY 25, 04)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 93
REQ. FOR INFO. FROM POLICE DEPT. ON UNSOLVED
HOMICIDES IN COB (POL)
(CCP #34 -MAY 11, 04)
That the above item be and the same hereby is referred to
the Special Committee on Budget.
ADOPTED
NO. 94
COUNCILMEMBER COPPOLA - "PARKING FOR
BICYCLES" (PLAN. BD.)
(CCP #2 -DEC. 9, 03)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 95
CHIPPEWA STREET, INSTALL SPEAKERS
(ITEM NO. 119, C.C.P., APR. 27, 2004)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Fontana moved:
That the above item be and the same hereby is received and
filed.
ADOPTED.
NO. 96
CHIPPEWA STREET, INSTALL SPEAKERS (PW)
(ITEM NO. 23, C.C.P., MAY 11, 2004)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Fontana moved:
That the above - mentioned item be and the same is hereby
received and filed.
Adopted.
NO. 97
700 ELLICOTT STREET - CONDUIT
(ITEM NO. 25, C.C.P., MAY 25, 2004)
That the Commissioner of Public Works, Parks and
Streets be, and he hereby is authorized to issue a "mere
license" to Hauptman - Woodward Medical Research, Inc.,
located at 700 Ellicott Street, to install a conduit which would
contain fiber optic cable and connect buildings across the
street from each other located at 700 Ellicott Street, subject
to the following conditions:
1 That the applicant obtains any and all other City of Buffalo
permits necessary for said installation, including a street cut
permit.
2. That the conduit is installed, and City right -of -way
restored, according to Department of Public Works, Parks
and Streets Standard Specifications.
3. That the applicant supplies the Department of Public
Works, Parks and Streets with a set of "as built" plans
depicting the exact l6cation of said conduits upon completion
of the project.
4. That the applicant supply the Department of Public Works,
Parks and Streets with a five thousand dollar ($5,000.00)
construction in street bond or certificate of insurance which
will indemnify and save harmless the City of Buffalo against
any and all loss or damage arising out of the construction,
maintenance, use and removal of said conduit.
5. That, as an owner of underground facilities,
Hauptman - Woodward
becomes an active member of Dig Safely New York as
required by New York State Law, Code 753.
Passed.
AYES -9. NOES -0.
NO. 98
WEST EAGLE AND FRANKLIN STREETS - CONDUIT
(ITEM NO. 26, C.C.P., MAY 25, 2004)
That the Commissioner of Public Works, Parks and Streets
be, and he hereby is authorized to issue a "mere, license" to
New York State Unified Court Systems, Office of Court
Administration, located at West Eagle and Franklin Streets,
to install conduits located at West Eagle and Franklin
Streets, subject to the following conditions:
That the applicant obtains any and all other City of Buffalo
permits necessary for said installation, including a street cut
permit.
2. That the conduit is installed, and City right -of -way
restored, according to Department of Public Works, Parks
and Streets Standard Specifications.
3. That the applicant supplies the Department of Public
Works, Parks and Streets with a set of "as built" plans
depicting the exact location of said conduits upon completion
of the project.
4. That the applicant supply the Department of Public Works,
Parks and Streets with a five thousand dollar ($5,000.00)
construction in street bond or certificate of insurance which
will indemnify and save harmless the City
of Buffalo against any and all loss or damage arising out of
the construction, maintenance, use and removal of said
conduit.
5.That, as an owner of underground facilities, Unified Court
System becomes an active member of Dig Safely New York
as required by New York State Law, Code 753.
AYES -9 NOES -0
NO. 99
SIDEWALK CAFE - 333 FRANKLIN STREET
(ITEM NO. 29, C.C.P., MAY 29, 2004)
That the Commissioner of Public Works, Parks and Streets
be, and he, hereby is authorized to issue a "mere, license"
to Mark Croce, owner of Laughlins Beef & Barrel, located at
333 Franklin Street, to install a sidewalk cafe, which would
encroach city right of -way at said address, subject to the
following conditions including a Site Plan Review and
approval by the Buffalo Planning Board and the following
conditions:
1 That the applicant obtains any and all other City of Buffalo
permits necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on
plans submitted to and approved by the Department of
Permit and Inspection Services.
3. That the sidewalk cafe does not exceed twenty -five feet
(25) in length or extend more than twelve feet (12') from the
building face.
4. That no portion of the sidewalk cafe be permanent in
nature or permanently affixed to the main building or public
sidewalk.
5. That the sidewalk cafe be completely removed from City
right -of -way from November 15 to April I each year.
6. That the applicant be assessed the annual fee of one
dollar and thirty cents ($1.30) per square foot of City
right -of -way occupied by said sidewalk cafe as described in
Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the
City Ordinances.
7. That the applicant supply the Department of Public Works,
Parks and Streets with a five thousand dollar ($5,000.00)
construction in street bond or certificate of insurance which
will indemnify and save harmless the City of Buffalo against
any and all loss or damage arising out of the construction,
maintenance, use and removal of said sidewalk cafe.
PASSED
AYES -9 NOES -0
NO. 100
M. CROCE -REQ. SEASONAL PATIO -333 FRANKLIN ST.
(CCP #52 -MAY 25, 04)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 101
RESTAURANT DANCING CLASS IV -414 PEARL
STREET
(ITEM NO. 36, C.C.P., MAY 11, 2004)
Mr. Fontana moved that the above item be recommitted to
the Committee on Legislation
ADOPTED.
NO. 102
D. LIPSCOMBE - HANOVER INS. CO.- NOTICE OF
CANCELLATION- PAMASSOS, LP
(CCP #56 -MAY 25, 04)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 103
M. O- LEARY - ADELPHIA LETTER (4/16/04)- FILING OF
NEW SURETY BOND
(CCP #59 -MAY 25, 04)
That the above item be and the same hereby is received
and filed.
ADOPTED
COMMUNITY DEVELOPMENT
(JOSEPH GOLOMBEK JR., CHAIRMAN)
NO. 104
LDA -PORT. OF BLOCK 2- 700 MICHIGAN- WNY MED.
ARTS CTR. LLC- REDEVELOPER
(HRG. 6/8)
(CCP #112 - 5/25/04)
That the above item be and the same is returned to the
Common Council without recommendation.
RECOMMENDED BY THE COMMITTEE ON COMMUNITY
DEVELOPMENT
Chairman
A public hearing has been set, before the Common Council,
at this regularly scheduled meeting, on the above item, and
a Notice of same has been published in the Buffalo News, a
copy of which is attached hereto.
On a motion by Mr. Coppola, seconded by Mr. Davis the
item is properly before the Common Council, and the
hearing is opened.
CARRIED.
Appearances —Maria Scinta & Rep from BURS
Mr. Coppola moved
That the Western New York Medical Arts Center LLC and /or
other legal entity to be formed was duly designated as
qualified and eligible Redeveloper by the Buffalo Urban
Renewal Agency, is hereby approved as the Redeveloper for
a portion of Block 2 in the Oak Michigan Industrial Corridor
Phase 1113 Urban Renewal Area, as more fully described and
attached t6 Item No. 12, C.C.P., May 25, 2004.
That the Mayor, the Chairman, Vice - Chairman, or any other
officer of the Buffalo Urban Renewal Agency is hereby
authorized to execute any and all deeds' or other documents
necessary to convey land described in the proposed "Land
Disposition Agreement" to Western New York Medical Arts
Center LLC, as Agent for a LLC to be formed and /or other
legal entity to be formed in accordance with the terms of said
Agreement and for the consideration recited therein.
Original application amended 22,000 sq feet, 2 story building
PASSED
AYES -9 NOES -0
NO. 105
LAND DISPOSITION AGREEMENT - PORTION OF
BLOCK 2 - 700 MICHIGAN - WNY MEDICAL ARTS
CENTER LLC (STRAT. PLAN.)
(ITEM NO. 12, C.C.P., MAY 25, 2004)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
Mr. Golombek moved:
That the above - mentioned item be and the same is hereby
received and filed.
ADOPTED
NO. 106
TRANSFER TITLE OF 69 PARCELS FROM BNRC TO THE
CITY (STRAT. PLAN.)
(ITEM NO. 14, C.C.P., MAY 25, 2004)
That the Buffalo Neighborhood Revitalization Corporation
transfers 69 proper -ties as attached to the above - mentioned
item to the City of Buffalo. That the BNRC is authorized to
execute necessary deeds necessary for the transfer.
PASSED
AYES — BONIFACIO, COPPOLA, FONTANA, FRANCZYK,
GOLOMBEK, GRIFFIN, RUSSELL, THOMPSON - 8 NOES
— DAVIS - 1
NO. 107
TRANSFER TITLE OF 69 PARCELS FROM BNRC TO THE
CITY
(ITEM NO. 116, C.C.P., MAY 25, 2004)
That the above item be, and the same hereby is returned
to the Common Council without recommendation..
Mr. Golombek moved:
That the Buffalo Neighborhood Revitalization Corporation
transfers 69 properties as attached to the above - mentioned
item to the City of Buffalo. That the BNRC is authorized to
execute necessary deeds necessary for the transfer as more
fully described and attached to Item No. 14, C.C.P., May 25,
2004.
PASSED
AYES - AYES — BONIFACIO, COPPOLA, FONTANA,
FRANCZYK, GOLOMBEK, GRIFFIN, RUSSELL,
THOMPSON - 8 NOES — DAVIS - 1
NO. 108
TRANSFER TITLE OF 938 ELLICOTT STREET FROM
BURA TO THE CITY (ITEM NO. 10, C. C P., MAR. 16,
2004) (ITEM NO. 9 1, C.C.P., MAY 11, 2004)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mr. Golombek moved:
That the City of Buffalo Urban Renewal Agency transfers
938 Ellicott Street to the City of Buffalo.
PASSED
AYES -9 NOES -0
NO. 109
IMPROVE CITY SEQR PERFORMANCE
(ITEM NO. 152, C.C.P., FEB. 18, 2003)
That the Mayor be requested to send a copy of the
Assessment and Recommendations report on Buffalo's
SEQR performance to all City departments and agencies,
with a request that they familiarize themselves with the
report's recommendations, in anticipation of the Mayor's
implementation plan.
ADOPTED
NO. 110
REQUEST A FEASIBILAY STUDY ON THE REUSE OF
THE SOUTH MICHIGAN AVENUE BRIDGE
(ITEM NO. 132, C.C.P., FEB. 3, 2004)
That the Common Council requests Public Works to
provide immediate input regarding a feasibility study for the
purpose of reconstructing the South Michigan Avenue Bridge
and its abutments; and
That the Common Council requests that the City Clerk send
a certified copy of this resolution to the Army Corps of
Engineers and the City's Urban Renewal Agency.
ADOPTED
NO. 111
FEASIBILITY STUDY - MICHIGAN AVE. BRIDGE (PW)
(CCP #20 -FEB. 17, 04)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 112
G. GOTTLIEB- NYSDOT- FEASIBILITY STUDY FOR
GATEWAY TUNNEL /SKYWAY REMOVAL
(CCP #54 -MAR. 2, 04)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 113
REQUIRE TWO APPRAISALS FOR THE SALE OF
CITY -OWNED BUILDINGS
(ITEM NO. 149, C.C.P., APR. 13, 2004)
That the Common Council supports amending Section
27 -5 of the City Charter to require that two appraisals be
performed by the City from the list of appraisers established
by the Appraisal Review Board prior to the sale of any city
-owned real property. That the Corporation Counsel is
directed to draft the appropriate language for amending the
City Charter.
ADOPTED
NO. 114
REQ. TWO APPRAISALS FOR THE CITY OWNED
BLDGS. (STRAT. PLAN)
(CCP #10 -MAY 11, 04)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 115
DEV. POLICY FOR TAKING /REUSING CLOSED CITY
SCHOOLS (EXC. I'T RES.)
(CCP #153 -APR. 13,04)
That the above item be and the same hereby is referred to
the Committee on Education.
ADOPTED
NO. 116
DEV. POLICY FOR TAKING /REUSING CLOSED CITY
SCHOOLS (STRAT. PLAN.)
(CCP #6 -MAY 11, 04)
That the above item be and the same hereby is referred to
the Committee on Education.
ADOPTED
NO. 117
REQUEST FOR ANALYSIS OF POTENTIAL
BROWNFIELD DEVELOPMENT
(ITEM NO. 140, C.C.P„ APR. 13, 2004)
That the Common Council requests the Mayor to comment
on the feasibility of creating a plan for developing and
marketing brownfield land.
ADOPTED
NO. 118
REQ. FOR ANALYSIS OF POTENTIAL BROWNFIELD
DEVELOPMENT (STRAT. PLAN.)
(CCP #9 -MAY 11, 04)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 119
MEMO. OF UNDERSTANDING -COB, BERC, ECIDA &
BNE (STRAT. PLAN.)
(CCP #2 -APR. 27, 04)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 120
B. DAVIS -R. BRYANT - WILLERT PKG. VILL. COMM.
ASSN. - CONCEMS- VACANT LOTS
BROADWAY /BENNETT
(CCP #53 -MAY 25, 04)
That the above item be and the same hereby is received
and filed.
ADOPTED
RESOLUTIONS
NO. 121
BY: MR. BONIFACIO
ORDINANCE AMENDMENT
CHAPTER 511 -ZONING
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Chapter 511 of the Code of the City of Buffalo be
amended to read as follows:
Chapter 511, Zoning
§511 -121 Board of Appeals
Al). Alternate Members. The Mayor shall appoint two (2)
alternate member positions of the Zoning Board of Appeals,
pursuant to the provisions of General City Law 8 1 (11). The
Mayor may appoint alternate member positions for purposes
of substituting for member in the event such member is
unable to participate because of a conflict of interest. There
shall be no stipend paid to any alternate member.
APPROVED AS TO FORM
Corporation Counsel
NOTE: Matter in brackets to be
deleted, matter underlined is
new.
PASSED
AYES -9 NOES -0
NO. 122
BY: MR. BONIFACIO
AUTHORIZE THE CITY OF BUFFALO TO ENTER INTO
AN AGREEMENT WITH THE BOYS AND GIRLS CLUBS
OF BUFFALO TO CONSTRUCT A PLAYGROUND AT 370
MASSACHUSETTS
Whereas: The City of Buffalo ( "The City ") and the Boys
and Girls Club of Buffalo ( "The Club ") entered into an
agreement whereby the Club leased property located at 370
Massachusetts Avenue to the City of Buffalo for the purpose
of constructing a playground (No. 52 CCP May 17, 1994);
and
Whereas: The City and the Club in mutual assent desire to
terminate the previous lease agreement and wish to enter
into a new agreement for a new playground at 370
Massachusetts Avenue; and
Whereas: A proposed agreement is attached to this
resolution for Common Council authorization; and
Now, Therefore, Be It Resolved:
That the Common Council hereby authorizes the City of
Buffalo to terminate its current lease agreement with the
Boys and Girls Club of Buffalo; and
Be It Further Resolved:
That the Common Council hereby authorizes the Mayor to
execute the attached Agreement on behalf of the City of
Buffalo with the Boys and Girls Club of Buffalo for the
purpose of constructing a new playground at 370
Massachusetts.
REFERRED TO THE COMMITTEE ON FINANCE,
COMMISSIONER OF PUBLIC WORKS, PARKS AND
STREETS AND CORPORATION COUNSEL.
NO. 123
BY: MR. DAVIS
TRANSFER OF FUNDS
COMMON COUNCIL - LEGISLATIVE
That pursuant to §20 -12 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common
Council, the sum of $8,168 be and the same is hereby
transferred within Common Council Legislative and said sum
is hereby reappropriated as set forth below:
From:
1011100 1 - 411001 Salaries - Regular $4,000
10103001 - 411001 Salaries - Regular $4,16
To:
101020001 - 412002 Hourly Salary $8,168
PASSED
AYES -9 NOES -0
NO. 124
BY: MR. DAVIS
TRANSFER OF FUNDS
COMMON COUNCIL - LEGISLATIVE
That pursuant to §20 -12 of the Charter and the Certificate of
the Mayor and the Comptroller submitted to the Common
Council, the sum of $2,643.58 be and the same is hereby
transferred within Common Council Legislative and said sum
is hereby reappropriated as set forth below:
From:
10 109001 - 411001 Salaries - Regular $2,643.58
To:
101020001 - 412002 Hourly Salary $2,643.58
PASSED
AYES -9 NOES -0
NO. 126
BY: MR. DAVIS
DISCHARGE ITEM FROM THE FINANCE COMMITTEE -
Whereas: Corn 13, CCP May 25 "Renew Lease Agree Betw.
COB /N. Bflo. Comm. Dev. Corp. -Use of 203 Sanders(Del) ";
and
Whereas: It is no longer necessary for this item to be
considered by that committee;
Now, Therefore, Be It Resolved That:
This Common Council does hereby discharge Finance
Committee Corn 13, CCP May 25 "Renew Lease Agree
Betw. COB /N. Bflo. Comm. Dev. Corp. -Use of 203
Sanders(Del)" from further consideration of the above item
and said item is now before the Council.
PASSED
AYES -9 NOES -0
NO. 126
BY: MR. DAVIS
DISCHARGE ITEM FROM THE FINANCE COMMITTEE -
Whereas: Corn 2 1, CCP Mar 16 "Furguson Electric Invoice -
Skateboarding Assn. Contract(Compt) "; and
Whereas: Corn IS, CCP Mar 30 "Amer. Skating
Assn.- Seating Corp.- Ferguson Electric -No Bids
Taken(Compt) "; and
Whereas: It is no longer necessary for these items to be
considered by that committee;
Now, Therefore, Be It Resolved That:
This Common Council does hereby discharge Finance
Committee items Corn 2 1, CCP Mar 16 "Furguson Electric
Invoice- Skateboarding Assn. Contract(Compt)" and Corn
18, CCP Mar 30 "Amer. Skating Assn.- Seating
Corp.- Ferguson Electric -No Bids Taken(Compt)" from further
consideration of the above items and said items are now
before the Council.
PASSED
AYES — BONIFACIO, COPPOLA,FONTANA,FRANCZYK,
GOLOMBEK, GRIFFIN, RUSSELL, THOMPSON - 8 NOES
— DAVIS -1
NO. 127
BY: MR. FONTANA AND MR. GOLOMBEK
ORDINANCE AMENDMENT
CHAPTER 176 - FEES
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Chapter 175 of the Code of the City of Buffalo be
amended to read as follows:
Chapter 175, Fees
GENERAL CONSTRUCTION
INSERT INTO CHAPTER 176, FEES, UNDER:
_§ 103 -12, building permits
Amended 5 -21 -1993, effective 5 -28 -1993; 9 -19 -2000,
effective 9 -29 -2000
[Application 16.00]
For construction of 1 story frame buildings having a
$23.00
floor area of 600 Square feet or less,
For each 1000 cubic feet of all other buildings
$36.00 plus
For each 1000 cubic feet or fraction thereof of the
$7.00
volume of the building or any addition thereto
For construction of all miscellaneous such as water
tanks, chimneys, coal trestles and other structures
such as water tanks, chimneys, coal trestles, and other
structures not herein otherwise classified $36.00
For each 1,000 or fraction thereof of the cost of said
structures$17.00
For advertising or display signs
$36.00
Plus
For each 300 square feet or fraction therof bounded by
the extreme edges of the structural framing of said sign
$21.00
For tanks to be used for storage of flammable liquids
$173.00
For the installation repair or alteration of a fence
$16.00
the cost of which is less than
$760
For repairs or alterations to existing buildings or
$36.00
For repairs or alterations to existing buildings
$36.00
Structures the cost of which is more than $760 and not
More than $1,000
For repairs or alterations to existing buildings
$36.00 plus
Structures the cost of which is more than $1,000
through $6,000
For each $1,000 or fraction thereof
$11.50
For repairs or alterations to existing buildings
$35.00 plus
Structures the cost of which is more than $5,000 and
through $10,000
For each $1,000 or fraction thereof
$17.00
For repairs or alterations to existing buildings
$35.00 plus
Structures the cost of which is more than $10,000
For each $1,000 or fraction thereof
$23.00
Building- Permit fees are divided into two categories - flat fee
or area - calculated fee -, find the -work description in either
FLAT FEE SCHEDULE or the AREA - CALCULATED FEE
SCHEDULE below.
FLAT FEE SCHEDUILE
Application fee of - $ 25.00. plus
Permit fee from following list:
Ordinance did not scan rest of item available for review
in City Clerk's Office
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 128
BY: MR. FONTANA
TRAILBLAZING SIGN FOR PETER SZCZAP
WHEREAS: On Saturday, June 19, 2004 Mr. Peter Szczap,
Principal of Poplar Academy E.C.C. #11, will be celebrating
his 37 years of dedicated service of education to the Buffalo
Board of Education at his retirement party at the Protocol
Restaurant in Williamsville, New York; and
WHEREAS: Mr. Peter Szczap, a native of Buffalo, New
York, was educated in Buffalo, New York. He attended Peter
& Paul School K -8, and Bishop Ryan High School. At the
University of Buffalo he received a BA in History with a minor
in High School Social Studies. University of Buffalo
conferred the Masters Degree in Elementary Education.
Buffalo State Teachers College -CAS Certificate of
Administration & Supervision; and
WHEREAS: Mr. Peter Szczap is a member of St. Peter &
Paul Church. He has also served on numerous Boards and
Committees including: 1967 -1971 5/6 Teacher School #47,
1971 -1976 Special Progress Science Teacher Grades 5/6,
1976 -1980 Grade 6 Teacher City Honors, 1980 -1987
Helping Teacher - Science Magnet #59, 1987 -1988 Assistant
Principal -BUILD Academy, 1988 -1991 Principal School #77,
1991 - Present Principal Poplar Street Academy; and
WHEREAS: Under the leadership and administration of Mr.
Peter Szczap Poplar Street Academy has been recognized
for putting children and families first, helping to ensure
academic achievement for all and being taken off the SURR
list. Mr. Szczap and Poplar Academy's staff were awarded
certificates in recognition of improvement and meeting
Adequate Yearly Progress on the New York State Education
Department Math 4 Assessment 2003, and New York State
Education Department ELA 4 Assessment - English
Language Arts June 4,2003; and
WHEREAS: Mr. Szczap is the proud father of three sons;
Gerald, Erick and Justin, two daughters Beth and Anita,
grandchildren Steven, Christopher and Kevin.
NOW THEREFORE BE IT RESOLVED THAT: This
Common Council of the City of Buffalo joins with the Poplar
Street Academy in expressing its sincere appreciation to Mr.
Szczap for his guidance, dedication and commitment to the
students, families, community and faculty.
NOW THEREFORE BE IT RESOLVED THAT: All costs
associated with the signage be paid for by the applicant.
BE IT FURTHER RESOLVED THAT: This Honorable Body,
requests that the Department o' Public Works install
trailblazing signs to read "Mr. Peter Szczap Way" beneath
the existing street signs on Poplar Avenue and Doat Street
and Poplar Avenue and Walden.
PASSED
AYES — BONIFACIO, DAVIS, FONTANA, FRANCZYK,
GOLOMBEK, GRIFFIN, RUSSELL, THOMPSON - 8 NOES
— COPPOLA - 1
NO. 129
By: Mr. Franczyk
ORDINANCE AMENDMENT
CHAPTER 264 - LICENSING OF RENTAL HOUSING
BUSINESS
The Common Council of the City of Buffalo does hereby
ordain as follows: That Chapter 264 of the Code of the City
of Buffalo be amended to read as follows:
Chapter 264, [LICENSING OF RENTAL HOUSING
BUSINESS] - Rental Dwelling Unit Registration
[HISTORY: Adopted by the Common Council of the City of
Buffalo 9 -8 -1998, effective 9 -25 -1998. Amendments noted
where applicable.]
GENERALREFERENCES
Certificates of occupancy -See Ch. 129. Housing
standards -See Ch. 242. Property maintenance -See Ch. 341.
(ORDINANCE DID NOT SCAN -COPY AVAILABLE IN
CLERK'S OFFICE)
APPROVED AS TO FORM
Michael B. Risman
Corporation Counsel
REFERRED TO THE COMMITTEE ON LEGISLATION AND
COMMISSIONER OF PERMITS AND INSPECTIONS.
NO. 130
By: Mr. Franczyk
SHIFT OF OPERATION INTO EMPIRE ZONE
Whereas: Travers Collins & Co., Inc. has been providing
advertising and public relations services in the City of Buffalo
since 1995 and is currently located at 120 Delaware
Avenue, #300,and;
Whereas: Travers Collins & Co., Inc. is shifting its operations
to a new location at 726 Exchange Street, #500 effective
June 18, 2004, and;
Whereas: Travers Collins & Co., Inc. employs 40 workers
and anticipates that it will be adding two additional workers
by the end of this year, and;
Whereas: Travers Collins & Co., Inc. is moving from an area
outside the Empire Zone (120 Delaware Avenue, #300) into
an area designated as an Empire Zone (726 Exchange
Street, #500), or Economic Development Zone within the
same municipality. Travers Collins & Co. Inc. is being
compelled to move in order to make room for construction of
the new federal courthouse, and;
Whereas: Travers Collins & Co., Inc. met with the Buffalo
Economic Renaissance Corporation and wishes to remain
and expand in Buffalo.
NOW THEREFORE BE IT RESOLVED:
That the City of Buffalo consents to the relocation and shift
of operations of Travers Collins & Co., Inc.,
AND BE IT FURTHER RESOLVED
That the Buffalo Common Council approve this resolution as
soon as possible.
PASSED.
AYES -9. NOES -0.
NO. 131
By: Mr. Griffin
CITY OF BUFFALO DESIGNATION AS A BROWNFIELD
OPPORTUNITY AREA
Whereas: In 1997, The City of Buffalo developed a concept
plan to guide redevelopment of over 1500 acres of property
in South Buffalo which formerly supported heavy industrial
uses adjoining residential properties, and mixed uses. The
focus of the concept plan was redevelopment of the property
to: provide more compatible land uses for the enjoyment of
our residences, to add community assets, and to restore our
critical tax base; and
Whereas: Since 1997 the need for a strategic and
implementable plan for the planning, remediating, and
re- building of our former industrial lands and their supporting
neighborhoods with a hard look at environmental conditions,
and compatible land uses with public input has grown; and
Whereas: In October 2003 New York State, as part of major
Brownfield Reform, passed legislation which created a
program entitled the Brownfield Opportunity Area program to
provide 90% grants, up to $1,000,000 to municipalities to
provide planning funds to achieve community consensus
and create an implementation strategy, including SEQRA
compliance and the creation of an Urban Renewal Plan; and
Whereas: We deem it to be in the best interests of the
residents of the City of Buffalo to submit an application for
designation as a Brownfield Opportunity Area to allow
access for funding to undertake any and all eligible activities
to assist in the redevelopment of this strategic region; and
Whereas: In order to formally consider adoption of an area
wide plan and allow for its implementation which may entail
other municipal actions such as funding, the creation and
adoption of an urban renewal plan and /or zoning actions and
or the construction of roads and /or other amenities, all with
the assistance of the community, will also assist in the
redevelopment process, The City must comply with the State
Environmental Quality Review Act; and
Now, Therefore, Be It Resolved That: That the Mayor is
hereby authorized to submit a Brownfield Opportunity Area
application for funding on behalf of the City of Buffalo and if
deemed feasible by him jointly with the City of Buffalo Urban
Renewal Agency to undertake any and all eligible activities
as set forth pursuant to the Brownfield Opportunity Area
Program and;
Be It Further Resolved that the Mayor is hereby authorized
to execute any and all documentation necessary to apply,
accept and administer said grant funding.
PASSED
AYES -9. NOES -0.
NO. 132
BY: Ms. RUSSELL
BUDGET AND PERSONNEL AMENDMENT
01- Common Council
1003 & 1009 Councilmembers
02 - 1020 City Clerk
From:
10103001
1 Senior Legislative Assistant $39,003
1 Legislative Aide to Councilmember $30,258
10109001
2 Legislative Assistant to Councilmember $34,631
10220001
2 Data Entry Operator $27,648-
$31,153
to 10103001
2 Legislative Aide to Councilmember $30,258
10109001
1 Senior Legislative Assistant $39,003
1 Legislative Aide to Councilmember $30,258
10220001
1 Data Entry Operator $27,648-
$31,153
1 Data Control Clerk $27,648-
$31,153
IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the
Charter, that the immediate passage of the foregoing
ordinance is necessary.
We, CHARLES L MICHAUX III, CITY CLERK AND
MICHAEL A. SEAMAN DIRECTOR OF BUDGET, hereby
certify that the above change is necessary for the proper
conduct, administration and performance of essential
services of that department. We recommend that the
compensation for said position be fixed at the respective
amount set forth in the foregoing ordinance.
APPROVED AS TO FORM
Michael B. Risman
CORPORATION COUNSEL 06/03/2004
PASSED
AYES -9. NOES -0.
NO. 133
By: Mr. Thompson
TRAILBLAZER REQUEST FOR THE LATE LEROY B.
JONES SR.
WHEREAS: The late Bishop Leroy B. Jones Sr. was born in
Durhan -4 North Carolina in 1914; and
WHEREAS: At a young age, The late Bishop Leroy B.
Jones Sr. was given spiritual guidance at Snow Hill Baptist
Church in Warren Hill, North Carolina; and
WHEREAS: The late Bishop Leroy B. Jones Sr. attended
North Carolina Public Schools and graduated from John R.
Hawkins High School; and
WHEREAS: In pursuit of his dreams, The late Bishop Leroy
B. Jones, Jr. then attended the Hardon Bible Institute and
the Chapel Hill Bible College in Chapel Hill, North Carolina;
and
WHEREAS: Nearly four decades ago, The late Bishop
Jones migrated to Buffalo where he joined the Friendship
Baptist Church and was encouraged to serve as the
superintendent of Sunday School and as a deacon; and
WHEREAS: It was at the Friendship Baptist Church that
The late Bishop Leroy B. Jones Sr. acknowledged his call to
the gospel ministry, and was later ordained under Rev. E.D.
McNealy; and
WHEREAS: Shortly thereafter, he then served as assistant
pastor at Friendship Baptist Church and simultaneously held
the same positions at Mount Olive Baptist Church; and
WHEREAS: In 1954, The late Bishop Jones Sr. became
pastor of the First Shiloh Baptist Church in Olean, New York
for three years prior to becoming pastor of the Cold Springs
Baptist Church in 1960; and
WHEREAS: It was under his advisement, that the Cold
Springs Baptist Church was renamed the Cold Springs
Church of God in Christ (C.O.G.I.C); a new
WHEREAS: The late Bishop Leroy Jones Sr. was a model
citizen, a role model, a mentor, and teacher, someone that
influenced others to rise to their full potential and encourage
them to lead righteous lives; and
WHEREAS: Such works are truly deserving of our
acknowledgement and recognition;
WHEREAS: In recognition of his contributions to the City of
Buffalo, the residents of Woodlawn Avenue, in partnership
with members of various churches in the City of Buffalo, has
requested that the section of Woodlawn Avenue (from
Jefferson Avenue to Main Street) be named in honor of The
late Bishop Leroy B. Jones; and
WHEREAS: The family of The late Bishop Leroy B. Jones's
family has agreed to cover all installation and purchase fees
for the placement of signs on Woodlawn Avenue from
Jefferson Avenue to Main Street;
NOW THEREFORE BE IT THEREFORE RESOLVED
THAT:
The Common Council of the City of Buffalo does hereby
recommend that the section of Woodlawn Avenue from
Jefferson Avenue to Main Street be named in honor of The
late Bishop Leroy B. Jones.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
COMMISSIONER OF PUBLIC WORKS, PARKS AND
STREETS.
NO. 134
By Mr. Thompson
FELICITATIONS /IN MEMORIAM
Attached hereto are Felicitation and In Memoriam
Resolutions sponsored by
Members of the Common Council as indicated:
Felicitation for Buffalo Drug Court
By Councilmembers Franczyk, Coppola, Russell
ADOPTED.
NO. 135
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:
Donald Schmidt MD
Matthew Makowski
Debrah Diagne
James Bove
Theresa Guenther
Erich Weyant
Ryan Haggerty
Linda King
Joel Feroleto
Evelyn Boldt
Jennifer Diagostino
Total: 11
ADOPTED.
NO. 136
BY: ANTOINE M. THOMPSON
APPOINTMENTS
COMMISSIONERS OF DEEDS
REQUIRED FOR THE PROPER
PERFORMANCE OF PUBLIC DUTIES
That the following persons are hereby appointed as
Commissioner of Deeds for The term ending December 31,
2004, conditional upon the persons so appointed certifying
under oath to their qualifications and filing same with the
Alexandra Curtis
Crystal Quick
Robert Graber
Shanna Eve
Marquerite Brill
Geoffrey Szymanski
Brian Bray
John Davis
Kristen Albert
Timothy Steward
Theodore Swiatek
Kevin Hosey
William Benfanti
Kevin Quick
Esther Smothers
James Gambino
Kevin McCarthy
Janet Jamison
Kevin Kelly
Total 19
ADOPTED.
NO. 137
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, June 15, 2004 at 9:30
o'clock A.M.
Committee on Finance Tuesday, June 15, 2004 at 10:00
o'clock A.M.
following Civil Service
Committee on Legislation Tuesday, June 15, 2004 at 2:00
o'clock P.M.
Committee on Comm. Dev. Wednesday, June 16, 2004 at
10:30 o'clock A.M.
Special Committees
Legislation Committee Monday, June 14, 2004 at 9:00
o'clock A.M. in
Room 1417 City Hall on the Buffalo Special Police.
MBEC Monday, June 14, 2004 at 10: 00 o'clock A.M. in
Room 1417 City Hall.
Bi- National Bridge Committee Thursday, June 17, 2004 at
2:00 o'clock 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 up whereby the City Clerk's Office is not made
aware: therefore, unless we receive notice from the
respective Chairmen, we can only make notification of what
we are made aware.
NO. 138
ADJOURNMENT
On a motion by Mr. Coppola, Seconded by Mr. Bonifacio, the
Council adjourned at 3:00 p.m.
CHARLES L. MICHAUX, III
CITY CLERK
NO. 1
CALL FOR SPECIAL SESSION
Mr. Charles L. Michaux, III
City Clerk
1308 City Hall
Buffalo, New York
Dear Mr. Michaux:
Pursuant to Section 3.9 of the Charter of the City of
Buffalo, upon the written request of Five Councilmembers,
dated June 1 '2004 presented to you herewith, I hereby call
a Special Meeting of the Common Council, to be held in the
Council Chambers, City Hall, Buffalo, New York, on June
1,2004 at 1:30 PM for the following purposes:
To receive and take appropriate action on:
All Items Relating To
1. Declaration of Need
nYours very truly,
David A. Franczyk
President of the Council
J
June 1, 2004
Hon. David A. Franczyk
President Common Council
1315 City Hall
Buffalo, New York
Dear Sir:
WE, the undersigned, members of the Common Council,
hereby request that you call a Special Meeting of the
Common Council, pursuant to Section 3.9 of the Charter of
the City of Buffalo, for the following purpose:
To receive and take appropriate action on All items
pertaining to
1. Declaration of Need
We request that this Special Meeting be held on June 1,
2004 at 1:30 P.M.
Marc Coppola
Dominic Bonifacio
Bonnie E. Russell
Richard Fontana
James D. Griffin
OFFICE OF THE CITY CLERK
CHARLES L. MICHAUX III, CIVIC
City Clerk
Records Management Officer
Registrar of Vital Statistics
ROOM 1308 CITY HALL
BUFFALO, NEW YORK 14202
851 -5431
FAX: 851 -4845
GERALD A. CHWALINSKI
Deputy City Clerk
MARRIAGE OFFICERS
June 1, 2004
TO EACH MEMBER OF THE COMMON COUNCH,:
YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9
of the Charter of the City of Buffalo, upon the written request
of Five Councilmembers, dated June 1, 2004, DAVID A.
FRANCZYK, President of the Common Council, has called a
Special Meeting of the Common Council, to be held in the
Council Chambers, City Hall, Buffalo, New York, on
Tuesday, June 1, 2004 at 1:30 P.M. for the following
purpose:
To receive and take appropriate action on all items relating
to
1. Declaration of Need
Yours very truly,
Gerald A. Chwalinski, Deputy City Clerk
Pursuant to Rule 2 of the Rules of Order of the Common
Council of the City of Buffalo, each of the following named
members of the Common Council, to wit:
DOMINIC BONIFACIO
BRIAN DAVIS
JOSEPH GOLOMBEK
BONNIE E. RUSSELL
MARC COPPOLA
RICHARD FONTANA
JAMES D. GRIFFIN
ANTOINE THOMPSON
hereby agrees that twenty -four (24) hours' notice be waived
of the time and purpose of the Special Meeting of the
Common Council duly called to be held on June 1, 2004 at
1:30 P.M.
Marc Coppola
Dominic Bonifacio
Bonnie E. Russell
Richard Fontana
James D. Griffin
Antoine Thompson(BJ)
Joseph Golombek(KK)
Brian Davis Office notified
COUNTY OF ERIE) ss:
CITY OF BUFFALO)
On this 1 st day of June 2004, before me, the subscribers,
personally
appeared
To me known to be the same persons described in and who
executed the foregoing instrument, and they duly and
severally acknowledged to me that they executed the same
Gerald Chwalinski
Commissioner of Deeds, in and for
the City of Buffalo, N.Y.
My Commission expires 12/31/04
RECEIVED AND FILED
NO. 2
REVISED REVENUE ESTIMATES
Dear Councilmernbers:
I am hereby revising my City of Buffalo General Fund
2004 -05 revenue estimates by an increase of $1,160,000.
This increase will be generated by a transfer from the
"Enterprise Fund - Refuse & Recycling" for repayment of
General Fund subsidies.
Sincerely,
Anthony M. Masiello
PASSED
AYES — BONIFACIO, COPPOLA, FONTANA, FRANCZYK,
GOLOMBEK, GRIFFIN, RUSSELL - 6 NOES — FONTANA —
1
NO. 3
DECLARATION OF NEED
Pursuant to §3861 of the Public Authorities Law, after the
approval of the
Common Council of the City of Buffalo on May 21, 2004, 1,
Anthony M. Masiello, Mayor of the City of Buffalo do hereby
determine there is a need for financial assistance to meet
costs set in the City of Buffalo's Four Year Financial Plan.
This Declaration of Need does hereby request the Buffalo
Fiscal Stability
Authority to borrow an amount of Nineteen Million and Fifty
Four Thousand Dollars.
ANTHONY M. MASIELLO
MAYOR
PASSED
AYES — BONIFACIO, COPPOLA, FRANCZYK,
GOLOMBEK, GRIFFIN, RUSSELL - 6 NOES — FONTANA —
1
NO. 4
DECLARATION OF NEED (BD OF ED)
Pursuant to §3861 of the Public Authorities Law, after the
approval of the Common Council of the City of Buffalo on
May 21, 2004, 1, Anthony M. Masiello, Mayor of the City of
Buffalo do hereby determine there is a need for financial
assistance to meet costs set in the Board of Education's
Four Year Financial Plan.
This Declaration of Need does hereby request the Buffalo
Fiscal Stability Authority to borrow an amount of Seventeen
Million and Seven Hundred Thousand Dollars.
ANTHONY M. MASIELLO MAYOR
PASSED
AYES — BONIFACIO, COPPOLA, FRANCZYK,
GOLOMBEK, RUSSELL - 5 NOES — FONTANA, GRIFFIN —
2
NO. 5
ADJOURNMENT
61rGT4r:1110.1:11111►1 :kTAK01:1:�
On a motion by Mr. Coppola, seconded by Mr. GRIFFIN the
Council adjourned at 2:39 PM
ADOPTED.