HomeMy WebLinkAbout07-0206No. 3
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
FEBRUARY 6, 2007
MAYOR
Hon. Byron W. Brown
COMPTROLLER
Andrew Sanfilippo
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
FILLMORE DISTRICT
David A. Franczyk
PRESIDENT PRO TEMPORE
UNIVERSITY DISTRICT
Bonnie E. Russell
MAJORITY LEADER
NIAGARA DISTRICT
DOMINIC J. BONIFACIO JR
DISTRICT COUNCIL MEMBERS
BRIAN C. DAVIS - ELLICOTT
RICHARD A. FONTANA - LOVEJOY
DEMONE A. SMITH - MASTEN
MICHAEL J. LO CURTO - DELAWARE
JOSEPH GOLOMBEKJR. - NORTH
MICHAEL P. KEARNS - SOUTH
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Richard A. Fontana, Michael J.
LoCurto - Members
CLAIMS COMMITTEE: Michael Kearns Chairman, Dominic J. Bonifacio Jr., Richard A. Fontana, Joseph
Golombek, Jr.,- Members
COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr. Chairman, Richard A. Fontana, Michael J.
LoCurto, Bonnie E. Russell, Demone Smith - Members
FINANCE COMMITTEE: Brian C. Davis, Chairman, Dominic J. Bonifacio, Jr., Michael Kearns, Michael J.
LoCurto, Bonnie E. Russell - Members.
LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Joseph J. Golomberk Jr.,
Michael P. Kearns, Bonnie E. Russell - Members
RULES COMMITTEE: David A. Franczyk, Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell - Members
E" jxd /e1 W9161 kh hh111 i94 *1
BUDGET COMMITTEE: Dominic J. Bonifacio, Jr., Chairman, Brian C. Davis, Richard A Fontana, Joseph
Golombek, Jr. Bonnie E. Russell - Members
MINORITY BUSINESS ENTERPRISE COMMITTEE - ,Demone Smith Chairman Brian C. Davis, Richard A.
Fontana, Bonnie E. Russell Members
EDUCATION COMMITTEE ;Demone Smith Chairman, Michael P. Kearns, Bonnie E. Russell Members
WATERFRONT DEVELOPMENT COMMITTEE — Michael P. Kearns, Chairman, Brian C. Davis, Richard A. Fontana,
Joseph J. Golombek, Jr. — Members
INVOCATION - PLEDGE TO FLAG
** *FINAL * **
MAYOR - EXECUTIVE
* *FEBRUARY 6, 2007* * *
1. Strategic Plan. -BNRC Audited Financial Statements
2. Strategic Plan.- Results of Negotiations -116 Gittere (Fill)
3. Strategic Plan.- Results of Negotiations -152 & 156 Orange (Ell)
4. Strategic Plan.- Results of Negotiations -233 Mulberry (Ell)
5. Strategic Plan. -Union Ship Canal
COMPTROLLER
FIN, COMPT
APP
APP
APP
CD
6. Audit & Control /Comptroller - Interfund Cash Loan
APP
7. Interfund Cash Loan - $2,520,000
APP
8. Purchase Surplus City Equipment
APP
9. Steelfields Ltd.- Inspection of Records
CD
PUBLIC WORKS, PARKS & STREETS
10. Bids - Allison Park Fencing (North)
APP
11. NYSDOT -Req. for Maintenance /Repairs of State Arterial Highways
APP
12. Req. Perm. To Purchase Equipment
APP
13. Supplemental Agreement - Zoological Soc. Of Buffalo -10/06 System Damage
APP
POLICE
14. J. Golombek- Special Police Insurance
LEG, CC
15. Street Naming - Gladys Holmes & Street Naming Mary B. Talbert
LEG
CORPORATION COUNSEL
16. Certificate of Insurance /Special Police
LEG, POL
ECONOMIC DEVELOPMENT & PERMITS /INSPECTIONS
17. Food Store & Meat, Fish & Poultry Licenses
LEG
18 -17A. Food Store License -357 Swan (Ell)
APP W /CON
19 -17B. Used Car Dealer -2140 Genesee (Lovejoy)
LEG
20 -17C. Used Car Dealer -1073 Niagara (Niagara)
LEG
21 -18. Appt. -Sr. Special Assistant to Comm. (Max)
CS
CITY CLERK
22 -19. Notice of Intention - Street Naming - Gladys Holmes Blvd.
LEG
23 -20. Notice of Intention - Street Naming -Mary B. Talbert Blvd.
LEG
24 -21. Leaves of Absence
R &F
25 -21A. Leave of Absence
R &F
26 -22. Notices of Appointments - Council Interns
ADOPT
27 -23. Notices of Appointments - Temp. /Prow. /Perm.
CS
28 -23A. Notices of Appointments- Temp. /Prow. /Perm.
CS
MISCELLANEOUS
29 -24. T. Albert-Feld Entertainment - Comments -Use of Exotic Animals
R &F
30 -25. D. Bonifacio -C. Schumer -Press Release - "Resolve Issues... Shared Border Management
CD, EDPI
31 -26. Buffalo Rocket -J. Einach Article "RiverWright or All Wrong ?"
LEG
32 -27. B. Davis - Application for Food Store License -357 Swan Street
R &F
33 -28. B. Davis - National Fuel Raising New York Delivery Service Charges
FIN
34 -29. J. Einach- Comments -Prop. Ethanol Plant in South Buffalo
LEG
35 -30. J. Golombek - Benderson Project Article
LEG
36 -31. J. Golombek- SmartCode Article
LEG
37 -32. J. Golombek- Support for Special Police
LEG
38 -33. E. Huckabone - Belmont Shelter Corp. -Add. Quality of Life Issues Caused by
Irresponsible Tenants & Landlords
LEG
39 -34. A. Hundley -Ban Use of Exotic Animals
R &F
40 -35. R. Johnson -OABA -Prop. Ban on Exotic Animals R &F
41 -36. D. Locey - NYSDEC - Const. -Bflo. Outer Harbor Greenbelt & Shoreline Impr. Project WATERFRONT
42 -36A. M. LoCurto- Casino Ruling Could Eliminate Perks WATERFRONT
43 -37. J. Montemaro-USP S -Street Naming - Gladys Holmes Blvd. & Mary Talbert Blvd. LEG
44 -38. OSHA- Classes of Some Flammable Liquids -Class IA & IB R &F
45 -39. J. Radecki- Animal Advocates -Req. Ordinance Ban Display of Exotic Animals for
Entertainment
R &F
46 -40. R. Raup -HSBC- Lending Policy on Purchasing Income Property in COB
R &F
47 -41. H. Richardson- Comments -Ban on Exotic Animal Acts
R &F
48 -42. C. Schumer - Comments -Prop. RiverWright Energy Ethanol Plant -129 Childs St.
LEG
49 -43. C. Slater -Harter Secrest & Emery- Comments - RiverWright Ethanol Energy Plant
LEG
50 -44. R. Smith - Information - RiverWright Ethanol Energy Plant
LEG
PETITIONS
51 -45. J. Dougherty, Agent, Use 160 Delaware- Ground Sign (Ell) (Hrg. 2/13)
LEG, CP BD
52 -46. L. Williams & O -Supp. RiverWright Ethanol Project
LEG
53 -47. J. Cleary & O- Comments - Citizens Against RiverWright Ethanol Plant
LEG
54 -48. V. Decker & O -Supp. RiverWright Ethanol Project
LEG
RESOLUTIONS
98 -49. Davis Perm. For St. John Baptist Church to Hang Flags
APP
99 -49A. Davis Ord. Amend.- Chapter 137 -Code Enforcement (Lodging House)
LEG, EDPI, ZNG BD
100 -49B. Davis Ord. Amend.- Chapter 175 -Fees (Lodging House)
LEG, EDPI, ZNG BD
101 -49C. Davis Ord. Amend.- Chapter 269- Lodging Houses
LEG, EDPI, ZNG BD
102 -50. Fontana Trailblazing Sign -Andy DiVincenzo
LEG, PW
103 -51. Franczyk Local Law Introductory #1 (2007) -Board & Commissions
LEG, EMC, PM
104 -52. Franczyk Ord. Amend.- Chapter 6- Boards, Committees, Agencies & Commissions LEG,
EMC, PMB
105 -52A. Franczyk, etc. Council Staff Mission Statement
ADOPT
106 -53. Golombek Support for a Downtown Public Market ADOPT 1 ST
& 2 ND RES; REM -
CD
107 -54. Kearns, etc. Req. NYS Grant Waiver to Police Exam Applicants Now 35 Years of
Age
ADOPT
108 -54A. Russell Accepting Late Tax Payments
FIN, CC, A &F
109 -55. Smith Felicitations /In Memoriums
ADOPT
SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING
CLAIMS
PERSONAL INJURY
55- A 1 Vikki Harland v. COB $ 5,000.00 APP
A 2 Larry Loder v. COB $ 5,000.00 APP
J6- A
.3
Martha Newson v. C;UB
$
J,JUU.UU AYY
A
4
Darnell Jackson v. COB, et al
$
1,000.00 APP
B
3
Julietta Hill v. COB, et al
$
1,000.00
B
4
Julietta Hill as PNG of Dequilla Fugate v. COB, et al
$
2,000.00
57- A
5
Aaron Harris v. COB
$
3,500.00 APP
B
6
Archie Harris v. COB
$
3,500.00
A
6
Reginald Austin v. COB
$
3,300.00 APP
A
7
Brian Schepart v. Co. of Erie, COB
$
2,500.00 APP
A
8
Donald Williams v. COB
$
5,000.00 APP
A
9
Rita & Donald Eisenbeis
$
1,000.00 APP
PROPERTY DAMAGE
B
1
Saleh Abdulla, 225 Sobieski St, 14211
$
929.81 APP
B
2
Mary Lou Bragg, 176 Davidson Ave., 14215
$
250.00 APP
B
3
Raab Burrough, 217 Maple, 14204
$
2,091.05 APP
B
4
Darlene Bush, 112 Rutland St., 14220
$
207.40 APP
B
5
Deborah Corbett, 77 Polish Place, 14210
$
54.29 APP
B
6
Malcolm Cutler, 75 Custer St., 14220
$
187.50 APP
B
7
Margaret Dowling, 98 Crescent Ave., 14214
$
386.75 APP
B
8
Barry W. Eleey, 6734 Shawnee Rd, Wheatfield, NY 14120
$
275.78 APP
B
9
Michelle Green, PO Box 1644, 14215
$
164.35 APP
58- B
10
Stefan Henn, 38 Via Pinto Dr., Williamsville, NY 14221
$
194.76 APP
B
11
Yvonne LaPorte, 396 Northland Ave., 14208
$
500.00 APP
B
12
Dawn McCaslin, 108 Grote St, 14207
$
120.91 APP
B
13
Raymond Miller, 122 Covington, 14216
$
231.90 APP
B
14
Ziby Patrizi, 12 Euclid Place, 14210
$
212.92 APP
B
15
Payne, Russell, 208 Commonwealth, 14216
$
62.84 APP
B
16
Brenda Santos, 41 Howell Place- Apt 42, 14207
$
1,049.56 APP
B
17
Ronald Sokolowski, 87 McKinley Pkwy., 14220
$
973.31 APP
B
18
State Farm Mutual Ins. Co. a/s /o Mary C. Kane
$
5,000.00 APP
B
19
Peter J. Stelmach, 8 Cathedral Court, W. Seneca, NY 14224
97.86 APP
B
20
Charles Termini, 619 Bird Avenue, 14222
$
106.08 APP
B
21
Travelers Ins. Co. as subrogee for Joseph & Stella Andrycha
5,000.00 APP
MISCELLANEOUS INVOICE
C
1
Comtel, 750 Ensminger Rd, Tonwanda, NY 14150
$
2,457.75 APP
C
2
Hodgson Russ, LLP, One M &T Plaza, 14203
$
492.00 APP
C
3
Hodgson Russ, LLP, One M &T Plaza, 14203
$
23,869.00APP
C
4
Hodgson Russ, LLP, One M &T Plaza, 14203
$
34,103.23
C
5
Hodgson Russ, LLP, One M &T Plaza, 14203
$
727.50 APP
C
6
Hodgson Russ, LLP, One M &T Plaza, 14203
$
18,314.90
C
7
Hodgson Russ, LLP, One M &T Plaza, 14203
$
2,433.50 APP
59- C
8
Hodgson Russ, LLP, One M &T Plaza 14203
$
75 8.5 0 APP
C
9
Hodgson Russ, LLP, One M &T Plaza 14203
$
2,204.00 APP
C
10
Nixon Peabody, LLP, 40 Fountain Plaza, 14202
$
59,687.05 APP
C
11
Nixon Peabody, LLP, 40 Fountain Plaza, 14202
$
3,067.71 APP
C
12
Phillips Lytle, LLP, 3400 HSBC Center, 14202
$
38,752.72 APP
C 13 Phillips Lytle, LLP, 3400 HSBC Center, 14202 $ 29,127.00 APP
C 14 Phillips Lytle, LLP, 3400 HSBC Center, 14202 $ 33,725.50 APP
C 15 Phillips Lytle, LLP, 3400 HSBC Center, 14202 $ 28,891.60 APP
C 16 Rupp, Baase, Pfalzgraf, Cunningham & Coppola, LLC, 1600
Liberty Bldg, 14202 $ 11,563.00 APP
C 17 Utilityaccounts.com, 325 Delaware Ave., 14202 $ 1,330.00 APP
D
1
David Buchholz, 64 Pavonia St, 14207
$
540.20 APP
D
2
Leslie Crawford, 988 Kensington Ave., 14215
$
225.00 APP
60- D
3
Sandra Hunt, 138 Leroy Ave, 14214
$
1,350.64 APP
D
4
Jennifer Sly, 361 W. Delavan, 14213
$
13.98 APP
D
5
Sean Sullivan, 304 Okell St, 14220
$
749.56 APP
D
6
Melissa Zaprzal, 12 Pleasantview Lane, W. Seneca, NY 14224 $ 40.00 APP
BREACH OF CONTRACT
61- E 1 Aria Contracting Corp. v. COB $ 11,000.00 APP
E 2 Xerox $ 20,000.00 APP
DEATH BENEFITS
62- F 1 Donald Herbert $ 7,163.06 APP
F 2 William Lewis (Homer) $ 7,852.97 APP
CIVIL SERVICE
63 -1. Com
10
Jan 23
Appt.- Associate Account Clerk (Inter 43) (Compt.)
APP
64 -2. Com
11
Jan 23
Appt.- Associate Auditor (Max) (Compt)
APP
65 -3. Com
12
Jan 23
Appt. -Jr. Accountant (Perm. Cont.) (Inter 42) (Compt)
APP
66 -4. Com
25
Jan 23
Appts.- Detective (Max) (Pol)
R &F
67 -5. Com
26
Jan 23
Appt.- Detective Sergeant (Max) (Pol)
R &F
68 -6. Com
27
Jan 23
Appt.- Detective Sergeant (Cont. Perm.) (Max) (Pol)
R &F
69 -7. Com
28
Jan 23
Appt. -Police Lieutenant (Cont. Perm.) (Max) (Pol)
R &F
70 -8. Com
29
Jan 23
Appt. -Police Lieutenant (Perm) (Max) (Pol)
R &F
71 -9. Com
30
Jan 23
Appt. -Report Technician (Temp) (Max) (Pol)
APP
72 -10. Com
31
Jan 23
Appt. -Report Technician (Perm) (Max) (Pol)
APP
73 -11. Com
32
Jan 23
Appt.- Senior Budget Examiner (Inter 42) (Pol)
APP
74 -12. Com
44
Jan 23
Notices of Appt.- Temp. /Prov. /Perm. (C. Clk.)
R &F
75 -13. Com
45
Jan 23
Notices of Appts.- Temp. /Prov. /Perm. (C. Clk.)
R &F
FINANCE
76 -14. Com
5
Jan 23
Audit Report-Div. Of City Clerk- 7/1/05- 6/30/06 (Compt)
R &F
77 -15. Com
40
Jan 23
Response to City Clerk's Audit (C. Clk.)
R &F
78 -16. Com
10
Jan 9
Perm. Enter Agreement w/NYSDOT -Prov. Matching Fnds -Bflo.
Niagara Med. Campus Site - Carlton, High, Virginia & North Streets -
PIN 45757.59 (PW)
APP
79 -17. No
48
Mar 21
B. Davis - Audited Financials for BNRC
R &F
80 -18. Com
7
Nov 14
BNRC Audited Financial Statements (Strat. Plan.)
R &F
81 -19. Com
4
Oct 17
BERC Audited Financial Statements (Strat. Plan.)
R &F
LEGISLATION
82 -20. Res
68
Jan 9
Req. to Rename Portion of Abbey Street (Hrg. 2/6/07) (Exc. 2nd
Res.)
APP
83 -21. Com
39
Jan 23
Notice of Intention -Req. Rename Port. Of Abby St.- "Riffling
Blvd" (C. Clk.)
R &F
84 -22. Com
24
Jan 23
Req. Rename Portion of Abby St. (Pol)
R &F
85 -23. Com
33
Jan 23
Response -Req. Rename -Abby St. (Fire)
R &F
86 -24. No
63
Jan 23
J. Montemaro- Postmaster -Req. Rename Portion of Abby St.
R &F
87 -25. No 62 Oct 3 K. McCarthy, Agt., Use 139 (AKA 139/145/151/157) Bflo
River- Ethanol Plant (So) (Hrg.
10 /10)
RECOMMIT
88 -26. No
65
Jan 23
R. Frederick, Agt., Use 2635 Delaware Ave. -Suite F -HSF (No
Pub Hrg Req)
R &F
89 -27. No
76
Jan 23
Rooming House Legislation (Exc. 1 -4 Res.) ( #147, 10/3)
R &F
90 -28. Com
15
Jan 23
Addressing Vacant Properties as a Regional Issue (CP)
R &F
91 -29. No
58
Jan 23
J. Golombek- Special Police Insurance
R &F
92 -30. No
59
Jan 23
G. Harp -Time Warner Cable- Comments -COB Contract
R &F
93 -31. Res
104
Dec 26
Req Dept of Law Add the Goals of the City of Buffalo Section 3
Program to the Charter /Code of the COB
ADOPT
94 -32. Com
18
Jan 9
Food Store License -754 Sycamore (EDPI)
APP W /COND
COMMUNITY DEVELOPMENT
95 -33. Com
3
Jan 23
2007 -2008 Ann. Action Plan (Year 33 Comm. Dev. Blk. Grant)
(Mayor)
RECOMMIT
96 -34. No
50
Jan 23
J. Booth - Bicycle- Pedestrian Adv. Bd.- Resolution -Opp. Removal,
Merger or Elimination of Theatre District Metro Rail Station as
Part of Cars Sharing Main St. Project
R &F
97 -35. No
35
Dec 26
D. Bonifacio - Niagara River Boardwalk
R &F
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, FEBRUARY 6, 2007
AT 2:00 P.M.
PRESENT — David A. Franczyk, President of the Council, and Council Members Bonifacio, Davis, Fontana,
Golombek, Kearns, LoCurto, Russell and Smith — 9.
ABSENT-0
On a motion by Mr. Bonifacio, seconded by Mr.Fontana, the minutes of the stated meeting held on January 23,
2007 were approved.
FROM THE MAYOR
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 1
BNRC AUDITED FINANCIAL STATEMENTS
Your Honorable Body has requested information regarding the status of audits for the Buffalo Neighborhood
Revitalization Corporation (BNRC). Enclosed please find audited financial statements for the fiscal year ending June
2003, 2004, 2005 and 2006.
REFERRED TO THE COMMITTEE ON FINANCE AND THE COMPTROLLER
NO. 2
RESULTS OF NEGOTIATIONS
116 GITTERE, 317.266 N SYCAMORE
VACANT LOT: 30'X 102'
ASSESSED VALUATION: $1,400
(FILLMORE DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 116 Gittere Street from
Mr. Adalberto Sanchez, 1021 Sycamore Street, Buffalo, New York 14212. Mr. Sanchez owns a two family home at 114
Gittere Street, which is adjacent to 116 Gittere Street and intends to use this vacant lot for additional green space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are
no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range
from Thirty Cents (.30) to Seventy Cents (.70), per square foot.
The results of our negotiations are that Mr. Sanchez has agreed and is prepared to pay One Thousand Four Hundred
Dollars ($1,400), Forty -Six Cents (.46) per square foot for the subject property. Mr. Sanchez has also agreed to pay for
the cost of the transfer tax, recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 116 Gittere Street to Mr. Adalberto Sanchez in the
amount of One Thousand Four Hundred Dollars ($1,400). 1 am further recommending that the Corporation Counsel
prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated January 2, 2007 be
received and filed; and
That the offer from Mr. Aldalberto Sanchez, residing at 1021 Sycamore Street, in the sum of one thousand and four
hundred dollars ($1,400.00) for the purchase of 116 Gittere Street, be and hereby is accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES - 9 NOES -0
NO. 3
RESULTS OF NEGOTIATIONS
152 ORANGE, 100' N CARLTON
VACANT LOT: 30'X 100'
ASSESSED VALUATION: $700.
156 ORANGE, 130' N CARLTON
VACANT LOT: 16'X 100'
ASSESSED VALUATION: $500.
(ELLICOTT DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 152 and 156 Orange
Street from Mr. Thomas Harris, Jr., 278 Carlton Street, Buffalo, New York 14204. Mr. Harris owns and resides at 278
Carlton Street, which is adjacent to 152 and 156 Orange and intends to use these vacant lots to construct a garage.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are
no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range
from Forty -Five Cents ($ .45) to Eighty -Five Cents ($ .85), per square foot.
The results of our negotiations are that Mr. Harris has agreed and is prepared to pay Two Thousand Five Hundred
Dollars ($2,500), Fifty -Five Cents ($ .55) per square foot for the subject properties. Mr. Harris has also agreed to pay
for the cost of the transfer tax, recording fees and cost of the legal descriptions.
I am recommending that Your Honorable Body approve the sale of 152 and 156 Orange Street to Mr. Thomas Harris,
Jr. in the amount of Two Thousand Five Hundred Dollars ($2,500). 1 am further recommending that the Corporation
Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the
same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated January 2, 2007 be
received and filed; and
That the offer from Mr. Thomas Harris, Jr., residing at 278 Carlton Street, in the sum of two thousand and five hundred
dollars ($2,500.00) for the purchases of 152 and 156 Orange Street, be and they hereby are accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES - 9 NOES -0
NO. 4
RESULTS OF NEGOTIATIONS
233 MULBERRY, 150' S HIGH
VACANT LOT: 26'X 100'
ASSESSED VALUATION: $800.00
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 233 Mulberry Street from
Mrs. Henrietta Davis, 235 Mulberry Street, Buffalo, New York 14204. Mrs. Davis owns and resides at 235 Mulberry
Street, which is adjacent to 233 Mulberry Street and intends to use this vacant lot for additional green space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are
no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range
from Thirty Cents ($.30) to Eighty Cents ($ .80), per square foot.
The results of our negotiations are that Mrs. Davis has agreed and is prepared to pay One Thousand Dollars ($1,000),
Forty Cents ($. 40) per square foot for the subject property. Mrs. Davis has also agreed to pay for the cost of the
transfer tax, recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 233 Mulberry Street to Mrs. Henrietta Davis in the
amount of One Thousand Dollars ($1,000). 1 am further recommending that the Corporation Counsel prepare the
necessary documents for the transfer of title and that the Mayor be authorized to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated January 2, 2007 be
received and filed; and
That the offer from Mrs. Henrietta Davia, residing at 235 Mulberry Street, in the sum of one thousand dollars
($1,000.00) for the purchase of 233 Mulberry Street, be and hereby is accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES - 9 NOES -0
NO. 6
UNION SHIP CANAL
The City of Buffalo, in conjunction with the County of Erie, proposes to undertake the construction of a new park
surrounding the Union Ship Canal, adjacent to Buffalo Lakeside Commerce Park. This project is a major component of
the City of Buffalo's Union Ship Canal District Plan adopted by the City in 2002. This special review district was
established in order for the City to encourage, support and control the property redevelopment of former industrial lands
along the Lake Erie waterfront. Prior to the adoption of this special review district, the Buffalo Common Council, acting
as lead agency, completed a Generic Environmental Impact Statement for the entire district area pursuant to SEQRA.
The GEIS was approved. As a result of the GEIS, it was determined that redevelopment of the area around the canal
into a park, would result in significant beneficial environmental impacts for the City of Buffalo.
The City of Buffalo has recently received a $6,000,000 grant in cooperation with Erie County to undertake the
remediation of the park. The remediation will include a land cover system, canal sediment cover system, canal wall
stabilization, eco restoration and landscaping in support of the remedial design.
Prior to beginning construction of the remedial design, the requirements of SEQRA must be met. AS Lead Agency for
the project, a determination of significance must be made by your Honorable Body after review of Part 1 of the Long
Form EAF. Strategic Planning Staff has provided draft versions of Part 2 and a negative declaration for your review and
approval.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
FROM THE COMPTROLLER
NO. 6
INTERFUND CASH LOAN
Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is
received.
I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an
interfund cash loan to be made in the maximum amount of $20,000 as needed subject to your approval. Loan is
payable at date of reimbursement.
FROM: 1000- General Fund
TO: 2421 - Occupational Safety and Health Training and Education Grant
GRANT TITLE: Occupational Safety and Health Training and Education Grant #CO 12057
GRANT AGENCY: New York State Occupational Safety and Health Hazard Abatement Board
GRANT AMOUNT: $72,000
LOAN AMOUNT: $20,000
Estimated Date of Repavement August 31, 2007
Mr. Bonifacio moved:
That the above communication from the Comptroller dated February 1, 2007, be received and filed; and
That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to the
Occupational Safety and Health Training and Education Grant in the amount of $20,000. The loan is payable at date of
reimbursement.
PASSED
AYES - 9 NOES -0
NO. 7
INTERFUND CASH LOAN
Certain Federal and State aided programs require a cash advance until the program is operating and reimbursement is
received.
I have reviewed the program listed below and determined the cash needs to be warranted. I have approved an
interfund cash loan to be made in the maximum amount of $2,520,000 as needed subject to your approval. Loan is
payable at date of reimbursement.
FROM: 1000- GeneralFund
TO: 3164- Franczyk Park Environmental Remediation
GRANT TITLE: City of Buffalo - Franczyk Park Remediation #C303088
GRANT AGENCY: New York State Department of Environmental Conservation
GRANT AMOUNT: $2,520,000
LOAN AMOUNT: Up to $2,520,000, as needed
Estimated Date of Repayment: January 31, 2008
Signature -. !Department Head Requesting Interfund Cash Loan
Mr. Bonifacio moved:
That the above communication from the Comptroller dated February 1, 2007, be received and filed; and
That the Comptroller be, and he hereby is authorized to make an interfund cash loan from the General Fund to
Franczyk Park Environmental Remediation in the amount of $2,520,000, as needed. The loan is payable at date of
reimbursement.
PASSED
AYES - 9 NOES -0
NO. 8
PURCHASE SURPLUS CITY EQUIPMENT
Upon learning that my computer (age- 7 years) was being given to a junk dealer, I respectfully ask the Council, per the
advice of MIS (see attached letter), permission to purchase the computer for $25.00 to use at home.
Thank You.
R.Whitcomb
Richard Whitcomb
Supervising Accountant
Rm, -1214
CITY OF BUFFALO
DEPARTMENT OF
MANAGEMENT INFORMATION SYSTEMS
BYRON W. BROWN RAJ MEHTA
MAYOR DIRECTOR
Richard Whitcomb
Supervising Accountant,
Department of Audit & Control
Subject: Purchase of used computer
The PC that you were previously using for work NOVA 2000 (1.8 OHZ), Machine ID 49946 will not longer be used for
city purposes. We checked with our PC vendor and book value of that PC is $50. Usually we either donate the old PCs
to charity or turn them over to junk dealers for few dollars. I would advice you to please petition common council to
purchase that PC and put an appropriate bid for it.
Mr. Bonifacio moved:
That the above communication from Audit & Control dated January 29, 2007, be received and filed; and
That Richard Whitcomb be, and he hereby is given permission to purchase computer ID 49946 in the amount of
$25.00.
PASSED
AYES - 9 NOES -0
NO. 9
STEELFIELDS LTD.
INSPECTION OF RECORDS
ITEM NO. 119, CCP, 10/31/06
As requested by the Common Council in the above referenced resolution and in accordance with the terms of the
Agreement between Steelfields Ltd., the City of Buffalo and the Buffalo Urban Renewal Agency, the Comptroller's
Office has requested, received and reviewed documents and records relating to the Hickory Woods Value Protection
Plan ( "VPP "). Copies of those documents have been provided to Council Staff. As you may be aware, Steelfields
established a cash fund in the principal amount of $1,000,000.00 to fund cash payments to eligible homeowners in the
Hickory Woods area who elected to participate in the program.
One Million dollars was deposited into a money market account on October 28, 2002. After disbursements and fees
were paid, $964,453.09 was withdrawn from the account and placed in a different investment account in February
2004. A checking account was established to make disbursements from the fund for the benefit of participating
residents.
The fund paid out a total of $127,500 by December 31, 2006, completing the payment schedule established for
participating residents under the Participation Agreement. According to the documentation provided to the Comptroller's
Office, the portfolio has a remaining value of $1,138,612.13 as of November 30, 2006 and $21,363.80 in the checking
account as of December 31, 2006.
If you have any further questions, please feel free to contact this office.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
Armor Fence Company $48,191.91
NO. 10
REPORT OF BIDS
ALLISON PARK FENCING
(NORTH)
I advertised on January 9, 2007 and have received the following bids for the Allison Park Fencing contract, which were
publicly opened & read on January 23, 2007.
General Contractor
Base Bid
Titan Development, Inc.
$47,000.00
8534 Seaman Road
Gasport, NY 14067
Capital Fence Co., Inc
$47,149.00
42 N. Eilicott Creek Road
Amherst, NY 14228
Armor Fence Company $48,191.91
P.O. Box 745
Orchard Park, NY 14127
New York State Fence, Inc. $48,426.00
858 Manitou Road
Hilton, NY 14468
Fox Fence, Inc. $68,231.00
2637 Lockport Road
Niagara Falls, NY 14305
1 hereby certify the foregoing is a true and correct statement of the bids received Titan Development of Gasport, NY is
the lowest responsible bidder in accordance with the plans and specifications; and that the contract amount is
$47,000.00.
1 request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on
the basis of the low bids. The Engineer's estimate for this work was $65,000 and funds for this work are available in
accounts #38400106.
Mr. Bonifacio moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated January 30,
2007, be received and filed; and
That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract
for Allison Park Fencing, to Titan Development, Inc., the lowest responsible bidder, in the amount of $47,000. Funds for
the project are available in #38400106.
PASSED
AYES - 9 NOES -0
NO. 11
NYSDOT REQUEST FOR MAINTENANCE AND
REPAIRS OF STATE ARTERIAL HIGHWAYS
Our department is in receipt of a request from the N.Y. State Department of Transportation ( NYSDOT) to revise the
subject agreement. The current agreement covers the following highway segments and the City is reimbursed
$85,856.72 on an annual basis for routine maintenance.
Delaware Ave. from Nottingham Terrace to Kenmore Ave.
Broadway Ave. from Oak St. to Bailey Ave.
Church St. from Elm -Oak Arterial to 190 Thruway ramps
Elm -Oak Arterial
NYSDOT has requested that a new agreement be authorized by Your Honorable Body for the following highway
segments only:
Delaware Ave. from Nottingham Terrace to Kenmore Ave.
Broadway Ave. from Oak St. to the Broadway Ave. underpass.
The annual maintenance payment to the City for these segments would be revised to $84,744.57 on an annual basis.
Our department has no objection to the revisions requested and annual payment. It is therefore requested that Your
Honorable Body approve a resolution for signature by the Mayor to authorize execution of a new agreement for
maintenance and repair of State Arterial highways.
Mr. Bonifacio moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated January 31,
2007, be received and filed; and
That the Mayor, be, and he hereby is authorized to execute a new agreement with the New York State Department of
Transportation for maintenance and repairs of State Arterial Highways. The annual maintenance payment to the City for
these segments, as listed in the above communication, would be revised to $84,744.57 on an annual basis.
PASSED
AYES - 9 NOES -0
NO. 12
REQUEST PERMISSION TO PURCHASE EQUIPMENT
Our department is requesting permission to buy new tractors, mowers and pallet jacks for our Streets Division. The
items to be purchased are as follows and the equipment will be utilized to upgrade our vacant lot cutting and vehicle
repair operations:
• (2) New Holland TN -60A Tractors
• (2) Alamo Super Flail Mowers
• (2) Hydraulic Hand Pallet Jacks
$37,668.00 $ 8,908.00 $ 1,190.00 $47,766.00
Funds for these purchases am available in the following Capital Outlay accounts:
• 15050007 - 474100
• 52002607- 474100
Mr. Bonifacio moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated January 31,
2007, be received and filed; and
That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to purchase new
tractors, mowers and pallet jacks for the Streets Department and as more fully described in the above communication.
Funds for these purchase are available in Capital Outlay accounts 15050007 - 474100 and 52002607- 474100.
PASSED
AYES - 9 NOES -0
NO. 13
SUPPLEMENTAL AGREEMENT
ZOOLOGICAL SOCIETY OF BUFFALO
OCTOBER 2006 SYSTEM DAMAGE
Like many other agencies the Zoological gardens suffered substantial damage due to the October 2006 storm. In order
to qualify for reimbursement from FEMA it has been stipulated that a supplemental agreement to the existing
agreement between the City and the Zoo be executed.
Attached for your info is a proposed supplemental agreement, which has been drafted by the Corporation Counsel in
regard to this matter. This agreement has been approved by the Zoo and is being submitted to Your Honorable body for
approval.
Mr. Bonifacio moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated January 31,
2007, be received and filed; and
That the Mayor be, and he hereby is authorized to execute the Supplemental Agreement between the City of Buffalo
and the Zoological Society of Buffalo, Inc. in order to qualify for reimbursement from FEMA.
PASSED
AYES - 9 NOES -0
a :IQ LVi11111. 1 =K9161 Lrihri1 1.1-11 IQ 0 1 I4:Zo] 01e] I IN o
NO. 14
"J. GOLOMBEK — SPECIAL POLICE INSURANCE"
( #58 CCP JAN. 23, 2007)
Dear Common Council,
Thank you for Inviting our Department's comments on the above - referenced legislative item. Please be advised that our
Department just received the Council's request for comments on Friday, January 26, 2007, In the interest of submitting
thoroughly researched comments, prior to submitting the same, I often seek input from police personnel who serve our
Department in different capacities. Thus, in the future, our Department respectfully requests at least two weeks notice
for the submission of our comments.
Concerning the issue of insurance for the Buffalo Special Police ('— BSP "), our Department advises that pursuant to
Section 13 -20 1 (g) of the City Charter, one of the Officers of the BSP organization, such as the Chief, must be required
to execute the attached indemnification provision. Further, we recommend that the BSP's insurance policy also name
the City of Buffalo and the City of Buffalo Police Department as additional insureds. Enclosed please find a copy of
Section 13 -20.
Thank you again for inviting our Department's comments on this matter.
Very truly yours,
H. McCarthy Gipson
Commissioner of Police
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL
No. 15
Street Naming Gladys Holmes and
Street Naming Mary B. Talbert
( #21 C.C.P. Jan.23, 2007)
Thank you for inviting our Department's comments on the above - referenced legislative items. Please be advised that
our Department has no objection to the above - REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 16
Certificate of Insurance /Special Police
No. 58 CCP Jan 23, 2007 (Legislation)
Your Honorable Body has asked for the Corporation Counsel to provide a response regarding the above - referenced
item currently before the Common Council's Legislation Committee. Please be advised that the Department of Law has
determined that the proposed certificate of insurance is inadequate as it does not name the City of Buffalo as an
additional- insured on the certificate. Please also be reminded that insurance alone does not authorize the Special
Police to operate. Pursuant to Article 13 of the City Charter, the Commissioner of Police must approve of and designate
special police. Therefore, we recommend that this item be referred to the Police Department as well.
REFERRED TO THE COMMITTEE ON LEGISLATION AND TRHE COMMISSIONER OF POLICE
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT &
INSPECTION SERVICES
NO. 17
Food Store & Meat, Fish & Poultry Licenses
Attached for your information is a list of addresses for Food Stores along with Meat, Fish & Poultry that the Office of
Licenses will be renewing on or before April 1, 2007.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 18
Food Store License
357 Swan (Ellicott)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Food Store License located at 357 Swan and find that as to form is correct. I have caused an
investigation into the premises for which said application for a Food Store License is being sought and according to the
attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections
Office, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or
whatever action you deem appropriate.
Mr. Bonifacio moved:
That the above communication from the Department of Economic Development, Permit and Inspections Services dated
January 31, 2007, be received and filed; and
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections
Services be, and he hereby is authorized to grant a Food Store License to Abdulla Alhaj, located at 357 Swan Street
with the following conditions:
1. Loitering /trespassing signs must be posted on the interior and exterior of store.
2. The exterior premises of store must be clean of debris at all times.
3. The store must be closed by 11 pm, 7 days a week.
4. Abdulla Alhaj, (Manager), must be on premises at all times of operation. In the event of a Manager /Owner
change, the City of Buffalo Department of Licenses must be informed within 72 hours.
5. The store manager /owner must keep store free of patrons drinking alcohol whether inside or outside on store
premises.
6. Violence directly associated with, whether inside or outside the premises at 357 Swan, may result in the
immediate suspension or revocation of City of Buffalo Licenses after notice and hearing in accordance with
City of Buffalo Code.
7. No gang activity or loitering will he allowed on the premises.
8. All banners, signage lighting and any exterior advertising or interior window advertising must strictly adhere to
the City of Buffalo enforced codes.
9. Failure to comply with any of the above conditions may result in the immediate suspension or revocation of
City of Buffalo Licenses after notice and hearing in accordance with City of Buffalo Code.
PASSED /EITH CONDITION
AYES- 9 NOES — 0
NO. 19
Used car dealer
2140 Genesee (Lovejoy)
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 2140 Genesee 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 James Dingeldey. The attached thereto for James Dingeldey d /b /a Infinity Auto. This request is submitted for your
approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 20
Used Car Dealer
1073 Niagara (Niagara)
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 1073 Niagara 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, 1 find it complies with all
regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character
of Sabrina Irizarry & Eduardo Perez. The attached thereto for Sabrina Irizarry & Eduardo Perez. d /b /a Cosuma 2. This
request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 21
Certificate of Appointment
Appointment Date January 26, 2007 in the Department of Economic Development, Permit & Inspection Services
Division of Commissioner's Office
To the position of Sr. Special Assistant to the Commissioner of Economic Development, Permit & Inspection Services
Provisional appointment maximum starting salary $39,168
Christopher T. Johnston 103 Highland Avenue Buffalo, New York 14222
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CITY CLERK
NO. 22
NOTICE OF INTENTION - STREET NAMING
GLADYS HOLMES BLVD. — STREET LOCATED WITHIN THE
FREDERICK DOUGLAS TOWERS REDEVELOPMENT PROJECT
CCP #21- 1/23/07
Per your resolution, this is to advise you that the public hearing for the above item is set and will be advertised for
February 20, 2007 at 2:00 p.m.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 23
NOTICE OF INTENTION - STREET NAMING
MARY B. TALBERT BOULEVARD STREET LOCATED WITHIN
THE FREDERICK DOUGLAS TOWERS REDEVELOPMENT PROJECT
CCP #22 - 1/23/07
Per your resolution, this is to advise you that the public hearing for the above item is set and will be advertised for
February 20, 2007 at 2:00 p.m.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 24
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:
Police -L. Valvo, K. Rainville, D. DiVito
Fire -J. Otwell (return)
Management Information Systems -J. Sequin, K. Marshall, T. Sciolino, K. Barnes, D. Springer
RECEIVED AND FILED.
NO. 26
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:
Police -A. Collins
RECEIVED AND FILED.
NO. 26
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
I transmit herewith appointments to the position of Council Intern.
Mr. Bonifacio moved the approval of the appointments to the position of Council Intern.
ADOPTED.
Appointment Effective 1/29/07 in the Department of Common Council, Division of City Clerk, to the position of Intern VI,
Seasonal, at the minimum starting salary of $10.00 /hr.
Richard J. Morrisroe 198 Anderson Place Buffalo, NY 14222
Appointment Effective 1/29/07 in the Department of Common Council, City Clerk, to the position of Intern VI, Seasonal,
Non - Competitive, at the minimum starting salary of $10.00 /hr.
Natasha N. Brown 42 Davidson Avenue Buffalo, NY 14215
Appointment Effective 1/2/07 in the Department of Common Council, Division of Masten District, to the position of Intern
VI, Seasonal, Non - Competitive, at the minimum starting salary of $10.00 /hr.
Alonzo Barnes 511 Cambridge Buffalo, NY 14215
NO. 27
APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT
I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or
Permanent) (as per contract requirements).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS
Appointment Effective 1/29/07 in the Department of Public Works, Parks and Streets, Division of Buildings, to the
position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $10.25.
Victor A. Burgio 39 Hecla Street Buffalo, NY 14216
Appointment Effective 1/27/07 in the Department of Public Works, Parks and Streets, Division of Buildings, to the
position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $10.25.
Keith M. Rathbun 239 Cumberland Avenue Buffalo, NY 14220
Appointment Effective 1/26/07 in the Department of Public Works, Parks and Streets, Division of Buildings, to the
position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $10.25.
William R. Young 374 McKinley Pkwy Buffalo, NY 14220
Appointment Effective 1/25/07 in the Department of Public Works, Parks and Streets, Division of Buildings, to the
position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $10.25.
Alexander Porter 137 Prospect Avenue Buffalo, NY 14201
Appointment Effective 1/22/07 in the Department of Public Works, Parks and Streets, Division of Water, to the position
of Clerk, Temporary, at the minimum starting salary of $25,162.
Wanda L. Strong Howard 31 Rawlins Blvd. Buffalo, NY 14211
NO. 28
APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT
I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or
Permanent) (as per contract requirements).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS
Appointment Effective 2/5/07 in the Department of Public Works, Parks & Streets, Division of Streets, to the position of
Street Worker, Temporary, Non - Competitive, at the minimum starting salary of $26,779.
Scott M. Dargavel 58 Marbeth Ct. Buffalo, NY 14220
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
NO. 29
USE OF EXOTIC ANIMALS
We understand that the Legislation Committee of the Buffalo Common Council will be hearing arguments against the
use of exotic animals in entertainment and traveling exhibitions. Feld Entertainment, Inc. is the world's leading producer
of live family entertainment and the parent company of Ringling Bros. and Barnum & Bailey the most well- known,
traveling exhibitor of live animals in the world, with more than 137 years of experience working with a wide array of
animals. In light of the inflammatory anti - circus materials from outside animal rights groups that are being presented to
the Committee we want to provide you with factual information about Ringling Bros. and its animal care program and
practices.
Ringling Bros. first performed in Buffalo in 1919 and we have visited more than 50 times since. In 2007 Ringling Bros.
three circus productions will be visiting approximately 120 cities annually. A trip to Ringling Bros. circus has long been a
treasured part of the American childhood, evoking happy memories of family and fun. The sights, sounds and smells of
that first trip to the circus stay with us always.
Our shows not only entertain, but also teach the value of teamwork and the important role we all have as caretakers of
the animals who share our planet. We pride ourselves on the excellent care that all of our animals receive and the fact
that our animals are healthy, thriving, vigorous and content. Ringling Bros. animals live and travel in facilities
specifically designed for their comfort and safety, and they have time to exercise and socialize. They consume fresh,
nutritious food that is purchased locally and delivered to each performance site. We have a team of veterinarians,
veterinary technicians, and animal behaviorists who look to their physical and mental needs daily. Regular activity and
daily routines maintain our animals' physical fitness and their constant interaction with other animals and with their
handlers enriches both the animals' lives and those of their human partners. In short, we take very good care of all of
our animals.
All circuses and other traveling exhibitors with animals are required to be licensed by the United States Department of
Agriculture (USDA) and are open to unannounced and regular inspections by USDA seven clays a week. The USDA
frequently inspects licensed exhibitors such as Ringling Bros. to ensure that • they at all times comply with
requirements of the Animal Welfare Act (AWA), the same law that governs zoos and Ringling Bros. has never been
found to have violated the AWA. In addition to federal regulation, our traveling shows are subject to state and local laws
governing the care and well being of animals. We are
regularly inspected in almost every one of the cities we perform in by local animal control agencies, humane
associations and state agencies. Such inspections consistently find that Ringling Bros.' animal care is excellent and
meets or exceeds all applicable requirements.
The cornerstone of all training at Ringling Bros. and with any reputable zoo, circus and exhibitor, lies in repetition and
reward. This method of behavioral conditioning is based on a routine that builds respect and trust between trainer and
animal. True animal experts know that a safe and nurturing environment is the only acceptable and successful method
of training any animal. In fact the training of exotic animals is at its core no different from the training of dogs, horses
and other domestic animals. Performance routines are designed to showcase an animal's physical and athletic abilities,
as well as its ability to respond to voice commands. Notwithstanding the propaganda and emotionally charged rhetoric
espoused by animal rights activists the facts are that performing animals in general, and at Ringling Bros. in particular,
are very well -cared for and treated with care and respect. For us to do otherwise would be both wrong and foolhardy.
Ringling Bros. is among the leading experts in the transportation of animals. All of Ringling Bros." animals travel in
custom -built enclosures and carriers that meet or exceed all applicable federal and state requirements. Our circus
trains include cars specially- designed for the safe and comfortable transportation of elephants, horses, hoof stock and
other animals. The transportation of circus animals typically exceeds not only these standards, but transportation
practices and methods used for animals, such as horses and livestock, in other industries. In addition, independent
scientific studies of the transportation of circus animals, specifically big cats and elephants, including those traveling
with Ringling Bros., have concluded that the animals show no ill effects from transportation.
While Ringling Bros. is committed to providing all of our animals with the highest and best standards of care in all
respects, it is no secret that much of the debate on the issue of exotic animals is driven by the efforts of various animal
rights organizations to remove elephants from zoos and circuses. This is significant not only because of the special
place of elephants within our circuses, but also because of the fact that no entity knows more about the proper
handling, training, and veterinary care of elephants than Ringling Bros. Moreover, Ringling Bros. continues to do more
to preserve and protect the Asian elephant species then any of political activist groups that collect millions of dollars
each year to fund legal, political and publicity campaigns against responsible animal caregivers.
When it comes to elephants our motto says it all: "Endangered Species? Not if we can help it." Our herd includes 54
Asian elephants, the largest sustainable herd in the Western hemisphere, with approximately 20 actively traveling and
performing at any time on our various circus units. The majority are cared for at the Ringling Bros. and Barnum & Bailey
Center for Elephant Conservation ( CEC) in central Florida. The Ringling Bros. CEC is a state -of- the - facility dedicated to
the research, reproduction and retirement of Asian elephants and is home to the most successful Asian elephant
breeding program outside of Asia having celebrated twenty (20) births since 1992. It is completely funded by Ringling
Bros. with a portion of every circus ticket sold going to support our efforts and is staffed by highly - qualified and
dedicated individuals. We also care for some of our retired elephants at our Retirement Center in Williston, Florida,
where they receive the best in geriatric care.
With less than 35,000 remaining in the world Asian elephants are highly endangered and need help to survive in their
natural habitat which is under constant pressure and is shrinking. That is why in addition to our breeding program,
Ringling Bros. devotes significant financial resources to the conservation of elephants. These funds support crucial
conservation and research projects all over world. Further, we regularly work in cooperation with zoos, researchers and
other elephant experts on reproduction, conservation and research studies and are pleased to share our wealth of
elephant" husbandry knowledge with the scientific and conservation communities to achieve our mutual goal of
preserving this magnificent species.
For millions of families, the opportunity to see elephants and other animals up close in a performance setting is a
unique and treasured experience. It is well - established that public exhibition of endangered species in zoos and
circuses is a crucial aspect of conservation education. The affection and awe that elephants generate among our
audiences helps focus attention on the current challenges facing the survival of this species and engenders a respect
that no television show or movie can replicate. In fact, independent studies have shown that the opportunity to
experience animals up close in an entertainment setting significantly contributes to the public's awareness of and
interest in preserving these magnificent animals. This is especially true for children who not only become more aware of
the animals and their special needs and abilities, but also experience first hand the importance of caring for and
respecting all animals.
We hope that the Committee agrees that a circus ban is unnecessary and unjustified. The fact is that PETA, API, HSUS
and the other animal rights groups who oppose the circus and advocate such bans are driven not by animal welfare or
public safety, but by a philosophical agenda under which nearly all forms of human interaction with animals would be
eliminated. That is why they are opposed to animals in circuses notwithstanding the fact that Ringling Bros. animals are
among the most well -cared for on earth. We think this is an extreme position that ultimately hurts both animals and
people. For millions of families, the opportunity to see rare and exotic animals in a performance setting is a unique and
treasured experience. That is what would be lost if such a ban is adopted.
Please contact me, or visit www.Ringling.com, if you would like more information about Ringling Bros. and Barnum &
Bailey and our animals.
RECEIVED AND FILED
No. 30
SHARED BORDER MANAGEMENT
SCHUMER CALLS ON US ATTORNEY GENERAL TO PERSONALLY STEP IN TO RESOLVE REMAINING ISSUES
SO SHARED BORDER MANAGEMENT CAN MOVE FORWARD ONCE AND FOR ALL
With the FBI Having Jurisdiction over Key Law Enforcement Issues at Border Crossings, Schumer Calls on AG
Gonzales to Personally Intervene and Meet with Top Canadian Officials to Resolve Outstanding Issues Including
Fingerprinting
Schumer. There is Room to Make a Deal that Works for All Sides - But We Must Have Key Leaders Engaged Now
U.S. Senator Charles E. Schumer today called on United States Attorney General Alberto Gonzales asking him to
personally intervene in the Shared Border Management negotiations. Schumer, who has long led the fight to institute
shared border management, recently lobbied with both Canadian Security Minister Stockwell Day and Homeland
Security Secretary Michael Chertoff to stay focused until a deal is done. Schumer said that any and all outstanding
issues, including fingerprinting at the border checkpoint, must be resolved by the appropriate agencies and that, in
order to keep recent momentum going, the talks must stay at the highest levels of the departments involved.
"The reason we have seen progress these last weeks is because the top -dogs have been talking," Schumer said. "And
the only way to keep the momentum going is if it stays that way. There is no doubt that the remaining issues will be
difficult to resolve but there is room to make a deal and the only way to do that is to have key players
engaged now. The difficulty getting to the finish line has certainly been frustrating, but the discussions are now at the
principal level where they must stay until a final agreement has been hammered out."
Schumer said that one of the last major remaining issues concerns developing a protocol for travelers coming from
Canada who decide not to cross the border after their primary inspection. U.S. practice is to require these travelers to
be fingerprinted, but Canadian law prevents border guards from fingerprinting these travelers.
"Once it was thought that guns were an insurmountable barrier, at other times people felt the same about information
sharing and arrest protocols, but as each government has focused on the details, agreement has been forged. Why?
Because Shared Border Management will be a boon to both nations. With the ongoing participation from Minister Day
and Secretary Chertoff and now Gonzalez, I know we can do the same for the remaining issues," said Schumer.
In just the last month, through dialogue facilitated by Schumer, Canadian and U.S. officials have successfully resolved
issues relating to arming border guards, cooperative policing, information gathering and collecting, and arrest
procedures, concerns that had bogged down progress for years. Schumer said that the next month will be a critical time
for ensuring that Shared Border Management can become a reality.
In his letter, Schumer wrote, "To find a resolution, shared border management must be handled at the highest levels of
government, and thus I respectfully ask that you both facilitate talks between Secretary Chertoff, Minister Day and any
other relevant officials and become involved on behalf of the Department of Justice as necessary."
Schumer has led the charge to bring the U.S. and Canadian governments together; lobbying them for years to develop
a joint customs and border management plan for Northern Border crossings. Last week, Schumer met with Stockwell
Day in his Washington DC office and spoke with Chertoff personally, in September 2006, Schumer announced a new
deal between U.S. and Canadian officials that would allow Canadian officers to carry weapons at the check point. In
December 2004, Schumer, along with Former DHS Secretary Tom Ridge, announced the initial agreement between the
US and Canada to pursue the shared border management model.
The shared border management plan will serve as a model for moving people and commerce securely and efficiently
across the U.S.- Canadian border. Negotiations continue almost two years since U.S. and Canadian officials first
announced the plans to make shared border management a reality.
Under the agreement between the U.S. and Canadian governments, it was determined that there would be two pilot
sites for the plan at the Peace Bridge and Alexandria Bay. Under a shared border management plan, all of the U.S. and
Canadian border facilities are located on one side of the border. The pilot at the Peace Bridge will involve the re-
location of all U.S. primary and secondary border operations for both commercial and passenger traffic from Buffalo to
Fort Erie, and in Alexandria Bay, Canadian border functions will be moved to the Watertown side of the border.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, COMMISSIONER OF ECONOMIC
DEVELOPMENT, PERMITS AND INSPECTIONS
NO. 31
RIVER WRIGHT OR ALL WRONG
The year is 2007 and the City of Buffalo's Strategic Plan talks about being careful not to locate heavy industry in or too
close to residential neighborhoods. Good lesson learned.
So why are we even discussing the placement of RiverWright Ethanol on the Buffalo River in the, as the project
description calls it - "historic" First Ward? I thought the idea is to preserve history; not threaten to blow it up by placing a
business in an historic district; a business that requires an evacuation plan in the event something inside the
RiverWright plant were to go wrong_
Maybe I don't understand the meaning of heavy industry ". But any proposed business that plans to produce and have
on storage well over 2 millions gallons of this flammable material sounds like heavy industry to me. Run -off of by-
products will further contaminate the Buffalo River, a river that is part of our waterfront, something we're committed to
cleaning up.
In other communities across this country ethanol plants in neighborhoods have been stopped. Forget about the
potential smell of fermentation. They're just plain dangerous. Yet the developers of RiverWright say the business will
"enhance the community." Most of the ethanol production facilities I know about are planned for more rural settings
where they're closer to the vegetation that's the main ingredient in ethanol. Here the attraction is old silos, railroad lines
and the remains of bye -gone shipping infrastructure.
An evacuation plan would be required for at least 2.5 miles around the facility with a secondary safety plan for the 2.5
miles surrounding that. A 5 -mile radius includes South Buffalo, Lackawanna, West Seneca, Sloan, a substantial amount
of the East Side and all of downtown. It also includes the waterfront currently under development. In all honesty, are
city and town governments prepared for this? Are we prepared for this?
I heard one First Ward resident asked the very practical question: What will happen to our homeowner's insurance
rates? Will they go up because an ethanol plant comes in? No one representing RiverWright had an answer. I'll bet
they never even considered such a consequence. Living in the shadow of a fire hazard can't be a good thing. We work
hard to take down abandoned buildings before they become fire hazards, but suddenly someone comes up with an
idea to put up a fire hazard and it's actually under consideration. Stunning.
Anything for jobs. Not so fast. The jobs pay $30,000 a year, which when you don't have anything coming in makes a big
difference, but there won't be that many of them. 30K isn't enough to support a family and build a future. It's a
paycheck -to -check existence. The plant won't be unionized if the owners have anything to say about it so benefits will
not be negotiable. Step out of line, step out of a job.
Ethanol production is a big part of Federal and State energy policy. When ethanol production relies on grasses and
other cellulose -based material the balance of energy inputs and outputs favors ethanol. But the RiverWright plant will
rely on corn, at least for the first 5 years, probably more. The energy balance using corn is at best a wash, no energy
gain. It takes a lot of fossil fuel to grow and transport corn.
South Buffalo residents opposing the ethanol plant have stood up to powerful people with questionable motives. Our
neighbors could use support from everyone who sees the folly of this plan. Landowners, Kevin Townsell and Rick
Smith, along with public servants Congressman Brian Higgins and Senator Charles Schumer support the development
of RiverWright. Once again we see a situation where only the little guy," and in this case a lot of little women"
champion the public interest. The "big guys," quite likely smelling money and power, seem comfortable hoodwinking the
public with yet another nifty economic development scheme.
The other night, in that state of not quiet awake not quite asleep, with the drone of an 11 hour TV financial markets
news report holding me still slightly conscious, I perked up, opened my eyes and listened as the reporter said that the
price of corn keeps rising and that the number of ethanol plants is expanding rapidly. Who created this demand?
It hit me that investors in corn -based ethanol care nothing about sound energy policy or sound agricultural policy. Corn -
based ethanol solves nothing. All it does is attract those who are looking for greed opportunities; another opportunity to
take advantage of a situation that does nothing to reduce carbon emissions, provide renewable sources of energy, or
protect the public interest. Investing in corn -based ethanol production is purely exploitative.
Let's be clear, there's a distinction between corn -based and cellulosic ethanol. Corn -based ethanol is a zero gain based
on energy balance alone (high fossil fuel inputs /low non - fossil fuel outputs.) Corn -based ethanol raises the cost of corn
thus increasing the cost of food. It takes corn out of agricultural use and puts it into energy production. Add this in and
we're likely coming up with a worse than zero sum scenario. To top it off, if we put all of our corn into ethanol
production, we still wouldn't make a dent in our need to produce energy alternatives.
Cellulosic ethanol produces a positive energy balance. The amount of carbon or fossil fuel that goes into the production
of cellulosic ethanol is less than the amount of non - fossil fuel that's produced. We want more energy coming from less
fossil fuel. We want energy coming from sources that don't threaten our food supply.
The problem is that as good as cellulosic ethanol is projected to be, we haven't figured out how to produce it in a way
that's commercially viable. They have in Brazil where they use sugar cane to extract the sugars needed in the
fermentation process to make the gas, ethanol. In the US we don't have the climate to grow sugar cane in the quantity
we need.
And we don't have the knowledge or technology to use what we can grow, like grasses, to produce ethanol to supply a
huge market. Cellulosic ethanol is years away and corn is no alternative. We're not ready to ride the ethanol
bandwagon, yet the snake oil salesmen are hard at work trying to convince us that any ethanol is good ethanol and we
should be happy if an ethanol plant moves into our neighborhood or more specifically, into a neighborhood in South
Buffalo.
When we figure out how to produce ethanol from cellulosic material it's possible we'll be able to use the husks from
corn, not the corn itself, for ethanol production. If this happens, there will no longer be a pull to move corn away from
agricultural uses, the feeding of cattle that supply meat and dairy products, into the production of a gasoline additive.
'Til then, those folks who tell you RiverWright Ethanol is good for the economy are forgetting to tell you that what will
bring them large profits not only puts the environment and public safety in harm's way, but also raises the cost of the
food you need to sustain yourself and your family.
We need economic development rooted in sound public policy and free from personal political and financial gain at the
public's expense. It's remarkable how often lies are sold in the name of the public good when in fact the covered truth is
not good for the public at all. 1 like to stand clear of bullets. I recommend keeping our eyes on the bullet and not letting
ourselves be duped by the silver. Let the Common Council know if RiverWright doesn't sit right with you because if it's
up to Mayor Brown and Governor Spitzer, RiverWright industrialists, not ordinary people, will have the government's
protection.
Reprinted with permission from Buffalo Rocket www.buffalorocket.com Part I Jan. 18, Part 2 Jan. 25, '07
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 32
Application for Food Store License - 357 Swan Street
Please file the attached food store license application that was previously before the Common Council, for
consideration at the next Council Meeting.
Available in the city clerks office for review
RECEIVED AND FILED
NO. 33
National Fuel raising New York delivery service charges
I wanted to make you aware of a request that National Fuel Gas Distribution Corporation has made to the Public
Service Commission to raise its New York delivery service charges beginning in 2008. The formal request is expected
to be submitted on January 29, 2007.
For the first time, National Fuel's request includes a significant commitment to several conservation -based initiatives. It
also contains an innovative program designed to help low- income customers with money- saving energy audits, rebates
and conservation strategies in the context of expanded community outreach.
The Utility's Conservation Incentive Program includes significant commitment to advertising and outreach to consumers
to educate them about conservation, a rebate offer for the purchase of new, energy efficient equipment and targeted
programs, including a new assistance program for low- income customers, all designed to help customers lower their
bills.
I have enclosed a copy of a news release issued today. As always, if you have any questions, please do not hesitate to
contact me at 716- 857 -7780.
REFERRED TO THE COMMITTEE ONFINANCE
NO. 34
Proposed Ethanol Plant in South Buffalo
Last night, in a group setting, I was able to ask the mayor to justify his support of the proposed ethanol plant,
RiverWright. He told me he had "assurances" that the plant would not be a polluter. Well I have seen "assurances"
come from the most disreputable sources and find "assurances" from invested parties less than reassuring. In fact, the
experiences of communities in NY State and around the nation where an ethanol plant has been at issue cause me to
seriously doubt "assurances ".
The mayor also talked about jobs, maybe 60 at $35,000 /year. I am 100% for creating good paying jobs. But sound
economic development does not equal jobs creation. Sound economic development is anything that improves the well
being of residents in a community.
The mayor mentioned the smell that comes with an ethanol plant. He said it will only be a small smell. I live with small
smells from industrial operations. I have the privilege of having to go indoors and close my windows on warm summer
days when the Sewer Authority emits small smells. I have the privilege of having to close my windows any time of year
when a neighboring business emits paint fumes that foul the air. The ethanol plant will constantly foul the air. Small
smells do not improve the quality of life for residents. When you cannot send your children out to play, when you cannot
enjoy your porch or your yard, your quality of life is diminished. Diminished quality of life does not fit the definition of
sound economic development. And would you welcome even a small smell in your neighborhood?
An ethanol plant is dangerous. The size of the proposed plant will require an evacuation plan for a 2.5 mile radius
around the plant and a secondary safety plan for the next 2.5 miles around. Ever, /year across this nation there are
serious fires associated with ethanol. These fires are either at an ethanol plant or happen when ethanol Is transported.
These fires have been deadly and necessitate evacuations. Who picks up the bill for the emergency response? Does
the public cover the cost? Are local governments prepared economically? Do we have proper facilities in place to care
for evacuated families in the event of an explosion or catastrophic fire? What affect does living near a fire hazard have
on homeowners insurance? The mere fact that these questions can be raised speaks to how irresponsible it would be
what happens to home values to locate an ethanol plant in a neighborhood.
The vast majority of ethanol plants are planned for rural areas because it's so foolish to locate them in densely
populated neighborhoods. Regardless of "assurances" ethanol plants are known to add hundreds of tons of toxic
pollution to the air. The proposed plant will operate round the clock, have glaring lights, create noise and bring plenty of
diesel trucks into the neighborhood. Just ask west side residents whose asthma rates are among the highest in the
nation how diesel particles alone have contributed to causing such high rates of this preventable illness that once
contacted has no cure.
Corned -based ethanol production is increasingly being exposed as no solution to our energy problem. Since it takes so
much fossil fuel to grow and transport corn, the alternative energy balance is zero or at best a very small net gain.
Pressure on the corn industry to shift feed corn into fuel production takes corn out of agricultural uses and raises its
price. This causes the price of meat and dairy products to rise as the cost of corn rises. Cellulosic ethanol, which comes
from grasses and agricultural waste, is no expected to be commercially viable for another 5 -10 years. Unlike Brazil, a
country that has perfected commercial use of cellulosic ethanol and where sugar cane is the main . ingredient in
ethanol, we can't grow sugar cane in the US because we don't have the climate to support it. Corn -based ethanol
production is increasingly acknowledged to be poor energy policy and poor agricultural policy. So we are talking about
harming the residents of South Buffalo and diminishing their quality of life for an ethanol plant built on a model that is
being discredited by the best thinkers.
Because it is already seen as a discredited model, the plant stands a good likelihood of being unable to sustain itself. It
will use 1 million gallons of water a day. It will empty polluting by- products into the Buffalo River, a river we need to
clean up. It will dirty the air. It will lower the quality of life. And it is absolutely stupid to locate heavy industry in a
residential neighborhood. If this plant is allowed to be built and fails, as it likely will fail, the public will be left with huge
unpaid water bills, sickened children and adults, a further polluted environment, and still more disrespect for local
government.
Please, do not let your decision be motivated by your concern for your reputation among politicians at higher levels of
government who 1 know full well support this project that is undoubtedly looked upon as benefiting their careers
irrespective of how it will impact the public good. Let your decision be motivated by your concern for the real public
interest which means the well being of the residents of this community. 1 urge you not to approve RiverWright Ethanol.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 36
INFO
BENDERSON PROJECT
Please file the attached item for further discussion at the next Common Council session to be held January 23, 2007
Thank you in advance for your assistance in this matter.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 36
SMARTCODE ARTICLE
Please file the attached item for further discussion at the next Common Council session to be held February 5, 2007
Thank you in advance for your assistance in this matter.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 37
SUPPORT FOR SPECIAL POLICE
We are writing you to express our support for the Buffalo Special Police. We meet monthly, as you know, and quality of
life crimes arc generally our largest issue. We have had more people leave the area for the quality of life issues than for
the murders that have occurred in our area. I know this sounds hard to believe, but it is the day -to -day annoyances of
loud music, graffiti, open containers and panhandlers that the residents cannot tolerate.
We have a good neighborhood that is on the brink of becoming a bad one. We see efforts on the west and east side
pushing a bad element into our area while attempting to clean up their own. We need more help, city wide, to combat
the decline of our area- We feel that having uniformed officers on the street as foot patrols would quell a large amount
of the quality of life issues. We have been told that the Buffalo Police Department does not have enough officers to
offer foot patrols and with new officers coming in they are needed in cars. We agree. We would like to see twice the
current number of Buffalo Police Officers but still would want the ground level patrols that the Special Police provide.
An officer walking by and saying hello to people will quickly learn who belongs in a home and who doesn't They quickly
get to know the residents and can spot trouble often before it happens. We believe in this so much that we have had
citizen patrols of our neighborhood by block club members. We were able to spot and report many things but do not
feel we are trained to patrol the streets. The Buffalo Specials have gone through a rigorous training that exceeds the
requirements of a NYS Peace Officer. They are far better qualified to patrol than we are.
We are asking for your help and support, as our councilman, for the Buffalo Special Police. We have helped raise
money to pay their required insurance and believe very strongly that they will make our neighborhood safer, cleaner
and a better place to be. It is important for us to have them on the streets city w /de, not just in our little area. Crime
does not stop or start at borders of neighborhoods. With that, we ask that you work to gather support of your colleagues
in city hall and that we can all unify together to make our city better.
We are writing you to voice our support of the Buffalo Special Police (BSP). As you recall, two years ago when we had
them foot patrolling up and down oar business sector, we had a decrease in crime and people commented to many
business owners that their perception of our neighborhood was positively affected People felt more safe and secure
while the BSP were patrolling Unfortunately, the city charter was revised to require them to be self- insured. While
financially we can understand the reasons for this, we regret not having them patrolling our streets. This is why we have
contributed $1000.00 towards the cost of their insurance. This is no small sum for our organization, but we feel it is a
very worthwhile investment in oar city and will pay dividends in the viability of our business district.
Beat officers are, in our opinion, one of the best ways to give a community a sense of security and to quell the
numerous quality of life crimes that are unnoticed from a patrol car. It is these quality of life crimes that most often lead
to residents and business leaving the area- We work hard as volunteers to preserve and strengthen our business
district but need more help. We feel that having the BSP on foot patrols as eyes and ears for the Buffalo Police will
decrease the level of crime in oar area and the city us a whole. We feel we need the help of the BSP to keep our
community a safe place to live and do business.
It is our understanding that the city police union is officially opposed to allowing the BSP to patrol. We see no logical
reason for this opposition. We feel that having the BSP on foot patrols throughout our city can only enhance and
augment the efficacy of the paid police department. Further, it is our understanding that the Buffalo Police simply do not
have tile manpower to offer foot patrols by uniformed officers. However inefficient foot patrols may be as a policing
strategy, we nonetheless feel it is effective. The BSP can get results that regular citizens cannot.
We are asking for your support and for you to push the city for their full support of the Buffalo Special Police. We feel
they are a very important part of the protection the city provides its residents. They have been in existence for many
years and we need them patrolling for many more.
I am writing you to ask your support for the Buffalo Special Police. They have been in the city charter since the late
1920s and are an integral part of our city's crime prevention efforts. As you know, I am involved in many grassroots
community - building efforts. I am frustrated by the proliferation of quality of life crimes.
This past Monday morning, my wife and I decided to take the day to spend with our 6 -month old son. We were going to
go out for breakfast and then to die Niagara Falls Aquarium Walking to the car, I discovered that vandals had spray
painted the brick front of my building. I had no choice but to clean it up because it was still fresh and easier to remove. I
use easier cautiously because it took over two hours. My morning was ruined. I work hard and volunteer many hours
and when I finally get to take some personal time with my family, some punk ruins that. I am very resilient, but feeling
that anger and frustration Monday made me question my efforts and decision to stay in the city. If I have doubts, as
dedicated as I am who can blame the masses that leave every day?
Now perhaps with the Buffalo Specials on patrol, my building would have still been spray painted, but I would imagine
the vandals wouldn't have been able to graffiti over 15 buildings as they walked down the street that night. They may
have not felt as confident they were not going to get caught It is these seemingly little crimes that are tile biggest issue
for those of us stupid or brave enough to still live in the city. We need help!
I feel that the Buffalo Special Police can give the city some of that help. With over 70 officers trained and up to 120
chartered, I feel that we would see significant improvements in quality of life issues. We need more eyes and ears on
the street level. We all live and nm our businesses on the street level, we see things that yon cannot see or hear flora a
car. The Buffalo Specials are chartered to be the eyes and ears of the Buffalo Police. They are well trained and
dedicated to making the City a safer place to be.
It is unfortunate that the PBA has decided to take a stand against the Buffalo Special Police. Their objections that I
have heard border on childish ego Rips. The Buffalo Specials are not going to replace the Buffalo Police: they cannot.
They are there to augment the Police Department. They are very much like volunteer firemen who stand beside paid
firemen to put out the blaze. We have a blaze of crime and need all the help we can get. I ask that you work to help get
the Buffalo Special Police back on the streets.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 38
QUALITY OF LIFE ISSUES
Honorable Councilmembers:
Thank you for the opportunity to offer input on your recent resolution "Addressing Quality of Life Issues Caused by
Irresponsible Tenants and Landlords." First, allow us to commend your eflbrts to seek out and explore new strategies
for improving our area's quality of life. Since decent, affordable housing is an essential part of life in a growing, thriving
community, anything that enhances it benefits everyone. Which brings me to our first comment regarding the proposal
inspired by Rochester's experience with its Pro - Active program.
Should the City of Buffalo move forward with the development of a similar program, we would urge you to make it
available to all City tenants and landlords rather than limit it to only those repeatedly involved in housing - related
disputes. The real potential of a program o f this kind should be measured not just by how many problems it can settle
but how many it can prevent. Even tenants and landlords who have not yet become involved in conflicts would benefit
from the preventive education such training would provide. In addition, it would avoid reinforcing the belief that people
receiving Social Services benefits as being particularly poor tenants, an inaccurate stereotype that benefits no one.
Our other area of concern lies in the actual content of such training classes. Your best opportunity to meet the
challenge of generating participation among City residents other than those who you feel the system can compel to
attend lies in offering training that appropriately addresses the realities and needs of this community. Our
recommendation would be that, should you choose to proceed with your examination of the Rochester program, it
would be wise to ensure that any curriculum you adopt reflects them.
Over the past 30 years, our organization has worked with thousands of tenants and landlords, providing similar training
designed to improve conduct and attitudes on both sides of the renting relationship. I hope you won't hesitate to call
upon us if we can be of any assistance with the development or implementation of this program. You can reach me
directly at 884 -2358 Ext. 129.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 39
BAN USE OF EXOTIC ANIMALS
Dear Mr. Fontana:
I worked on Ringling Bros. and Barnum & Bailey Circus' animal crew from April through June 2006. 1 grew up around
horses, and when I was with Ringling, I primarily cared for the horses and miniature horses. My duties included feeding,
watering, cleaning, and grooming the horses; setting up the compounds; and escorting animals on the animal walk. I
quit the circus because the animal abuse was too upsetting. The abuse didn't occur every once in a while; it occurred
every day. Witnessing this abuse was traumatic and left me a nervous wreck.
One incident I will never forget happened during our two -week layover at the Tulsa, Okla., fairgrounds. I observed head
elephant trainer Sacha Houcke as he tried to make the elephants lie on their bellies and put up their trunks. One
elephant was distressed and kept getting up. Sacha smacked her with a sharp metal bullhook repeatedly behind the
ear and on the leg. He hooked her behind the ear, holding the bullhook with both hands, and pulled with all his body
weight. When the elephant still did not go down, Sacha then swung the bullhook into the elephant's ear canal like a
baseball bat and -- grasping the bullhook handle with both hands - -again pulled down with all his weight. This incident
lasted for approximately 30 to 45 minutes, resulting in severe wounds. The elephant bled profusely from inside her ear
and from behind her earflap. Blood was covering the whole side of her face. She squealed in pain three or four times
and let out a loud, shrill shriek.
It is not just one bad trainer or handler; it's Ringling's culture. Handlers are taught to keep the animals afraid. Instead of
reprimanding abusers, management warned handlers not to punish animals in view of the public. When I voiced
concerns to Ringling management, I was either ignored or told, "If you don't like it, pack your bags." What few laws exist
are not protecting these animals from inhumane treatment. The circus always knows in advance when it is being
inspected, and authorities only spend a few minutes on what is basically a guided tour.
Whenever the public is not around, the elephants are chained. The animal crew is not allowed to carry cameras
because Ringling does not want photos circulating of the elephants while they are chained in the boxcars and at
arenas. I have seen horses beaten with leads and slugged in the face and elephants abusively hooked. I have seen
many bloody wounds and elephants limp in pain. 1 urge you to do everything in your power to protect animals from this
abuse. Banning exotic - animal acts would bring an end to the mistreatment that I witnessed on a daily basis but was
powerless to stop.
RECEIVED AND FILED
NO. 40
PROPOSED BAN ON EXOTIC ANIMALS - MEETING AT 2 PM TODAY
Dear Council Member Fontana:
We would appreciate copies of this letter distributed to other members of the Legislative Committee of the Buffalo City
Council for the hearing on this subject this afternoon.
Please contact me should you or others have any questions. Thank you in advance for your review of this document.
Bob Johnson, President
OABA
RECEIVED AND FILED
N. 41
CONSTRUCTION BEGINS ON THE BUFFALO
HARBOR GREENBELT AND SHORELINE IMPROVEMENT PROJECT)
ENVIRONMENTAL RESTORATION PROGRAM (ERP) SITE NO. B- 00164 -9
INTRODUCTION
New York State Department of Environmental Conservation (DEC) and the Niagara Frontier Transportation Authority
(NFTA) are pleased to announce that construction has started on Buffalo Outer Harbor's Greenbelt site. The Greenbelt
project is a proposed 90- foot -wide green space to extend along approximately 6,600 feet of the Lake Erie Buffalo Outer
Harbor shoreline, from the former Pier Restaurant to the Terminal "B" Building of Buffalo's old port facilities.
Cleanup work on the site is being performed under the New York State 1996 Clean Water Clean Air Bond Act
"Environmental Restoration
Program" (ERP). Through
the ERP, DEC provides
financial assistance to local
governments for the cleanup and restoration of brownfield sites. A brownfield is a property that is unused, abandoned,
or idle due to the presence of real or perceived environmental contamination.
Brownfield sites often have an industrial history.
Additional funding for this project was made available by New York State Department of Transportation, and the
-Federal Highway Administration's Safe, Accountable, Flexible Efficient Transportation Equity Act: A Legacy for Users
(SAFETEA -LU) Program. Close to 14 million dollars in funding have now been invested in this shoreline improvement
project.
Once constructed, the Greenbelt will offer a new opportunity for the public to enjoy a scenic section of Lake Erie's
waterfront that was previously inaccessible. The project includes constructing a paved recreational path for public use
along the shoreline for walkers, bikers, etc. In addition, the project includes ecological improvements such as the
creation of fish habitat and landscaping with native plants to attract local wildlife and provide an improved natural
setting.
SITEBACKGROUND
The project area, owned by the NFTA, occupies a significant length of the Buffalo Outer Harbor shoreline. NFTA also
owns the adjacent 120 acres of adjacent land. Nearly all of the NFTA -owned property is land that has been reclaimed
from Lake Erie using fill material. The fill material is composed mostly of sediments dredged from the Buffalo Outer
Harbor area that were disposed of at the site from the mid- 1800's to the mid- 2960's. The fill material contains various
metals and other environmental contaminants.
NFTA filed a funding application with DEC for the Greenbelt Remediation Project under New York State's
Environmental Restoration Program (ERP). The project provides for engineering design and construction of shoreline
protection in accordance with a Record of Decision issued by DEC in early 2002, which addressed shoreline
improvements. In 2004, the Record of Decision was modified to include a greater portion of the existing shoreline-
Changes in the New York State legislation also increased ERP funding for the project. Completed in 2006, the
shoreline design includes the addition offish habitats and native plant landscaping.
A Public Information Session was held on Thursday, May 12, 2006 at Erie County Community College's downtown
campus to give interested citizens and groups an opportunity to learn more about project plans for the site.
PROJECT HIGHLIGHTS AND DETAILS
Construction on the project began in the fall of 2006 and is expected to last through late 2007. Project highlights
include:
• Removing the debris and rubble currently found along the shoreline embankment;
• Excavating about 121,000 cubic yards (or about 170,000 tons) of soil from the existing embankment to properly
prepare and shape it for the placement of an erosion - resistant, heavy stone revetment;
• Placing a geo- textile fabric and a one -foot layer of clean soil over the entire Greenbelt;
• Constructing shallow -water fish habitats to create ideal spawning areas for local fish species along the shoreline and
within the existing embayment area known as the Bell Slip;
• Constructing a paved recreational path (greenbelt) for public use along the shoreline for walkers, bikers, etc.; and
• Landscaping with native plants to attract local wildlife and provide an improved natural setting.
Once completed, this project will transform a once unusable and industrially contaminated area into a clean and scenic
path along a prime section of Lake Erie's shoreline for public use and enjoyment- Details of the selected cleanup plan
can be found in the ROD and construction design documents, which are available for public review at the locations
identified at the end of this fact sheet-
WHO SHOULD I CALL IF I HAVE QUESTIONS ABOUT THE SITE? Should you have questions regarding the Buffalo
Outer Harbor Greenbelt site, please feel free to contact the representatives below-
Site-Related Environmental Questions
David Locey
Project Manager
NYSDEC
270 Michigan Avenue
Buffalo, NY 14203
(716) 851 -7220
Greenbelt Project Questions Mike Bykowski
Acting Director, Engineering NFTA
281 Ellicott St.
Buffalo, NY 14203
(716) 855 -7389
LOCATIONS TO VIEW PROJECT RELATED DOCUMENTS
You are welcome to review project - related documents for the Buffalo Outer Harbor project at the locations below:
Buffalo & Erie County Public Libral2¢
1 Lafayette Square
Buffalo, NY 14203
(716) 858 -8900
(See reference desk.)
NYS Department of Environmental Conservation
270 Michigan Avenue
Buffalo, NY 14203
(716) 851 -7220
(Please call for an appointment.)
REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT
NO. 42
CASINO RULING COULD ELIMINATE PERKS
Dear Mr. Chwalinski:
Please file the attached item for further discussion at the next Common Council session to be held February 6, 2007.
Thank you in advance for your assistance in this matter.
Sincerely, Michael LoCurto
Patrons of the Seneca Niagara Casino can smoke without inhibition.
They also can eat and drink tax free.
But those same perks and privileges - key ingredients in the casino's success - might not be available in Buffalo,
regardless of what's built on the downtown casino site.
That's because the Seneca Nation stands to lose more than just the legal right to gamble as part of a recent federal
court ruling.
"Our position is any responsibility or obligation that landowners have under the law would apply to them and their land,"
said Joseph M. Finnerty, lead attorney for the anti - casino groups.
The one exception, Finnerty said, is property taxes.
The ruling by U.S. District Judge William M Skretny casts new doubt on the status of the downtown land acquired by
the Senecas and could have consequences beyond the issue of gambling.
Anti - casino lawyers claim the ruling opens the nation to a whole array of local, state and federal regulations, from
zoning laws to smoking prohibitions to sales taxes.
"Until it's declared Indian land, zoning laws, building restrictions and other state and local regulations apply," Erie
County Attorney Laurence K. Rubin said.
City officials are confident the land will eventually be classified "Indian land" and that any suggestion to the contrary
represents a "big if."
Privately, both critics and supporters wonder if the Senecas would build anything at the site in the event gambling is out
of the question.
"At this point, I'm waiting for the Indian Gaming Commission," said Alisa Lukasiewicz, city
corporation counsel.
Until we get the r opinion, we re in no position to speculate."
No one doubts the Senecas' ownership of the nine acres at Michigan Avenue and Perry Street. At question is the status
of the property and, more specifically, whether it can now be classified Indian land.
Skretny ruled that a federal agency, the National Indian Gaming Commission, improperly granted the Senecas a
gambling license in 2002 and ordered the agency to reconsider its decision.
In his ruling, Skretny said the commission acted in an "arbitrary and capricious" manner. He also said the commission's
chairman failed to adequately examine whether the land can be legally considered "Indian lands."
Buffalo News - Casino ruling could eliminate the perks
"it does not have sovereign status," Finnerty maintains. "It does not have Indian country status, and it does not have
Indian land status."
Skretny's ruling represents a setback for the Senecas, who had planned to open a temporary casino downtown in Apol.
They hope the commission will issue a new decision before then and expressed confidence last week that the project
will move forward.
Meanwhile, the early stages of construction on the $125 million casino project continue.
"We understand that further federal review is forthcoming," Seneca President Maudce A. John said in a statement.
We are confident that the National Indian Gaming Commission will reach the same conclusion that the U.S. Department
of the Interior and the U.S. Department of Justice have already reached that, as a result of how they were acquired, the
lands in question are indeed Seneca lands again."
Just how long it will take the gaming commission to act is unclear. One commissioner indicated that a decision is likely
to take months but left the door open to an expedited decision.
e -marl: pfairbanks @buffnews.com
This material is copyrighted and is for your exclusive personal use only.
Republican or other use of this material without the express wd0en consent of The Buffalo
News is prohibited.
Copyright — 1999 - 2007 The Buffalo News
REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT
NO. 43
STREET NAMING INFO
Dear Mr. Jaskula:
This is in reply to your request for comments regarding the street naming of Gladys Holmes Bird and Mary B. Talbart
Bird, both within the Frederick Douglas Towers Redevelopment Project ( #21 C.C.P. Jan. 23, 2007).
The U. S. Postal Service has no objections relative to this matter. As a matter of fact, both street names have already
been added to the national directory of addresses and are valid within our address management system. Thank you for
the opportunity to comment on the Council's deliberation on this matter.
Sincerely,
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 44
INFO FLAMMABLE LIQUIDS
PEL -- the Permissible Exposure Limit of the vapor according to OSHA standards, expressed in parts of, million parts of
contaminated air. The PEL is listed because many of these substances present inhalation hazards.
Chart available for review in the City Clerk's Office
RECEIVED AND FILED
NO. 45
J. RADECKI- ANIMAL ADVOCATES REQ ORDINANCE BAN DISPLAY OF EXOTIC ANIMALS FOR
ENTERTAINMENT
Dear Council Members,
In order to promote the welfare of animals and to protect public safety, Animal Advocates of Western New York wishes
to approach the city of Buffalo to propose an ordinance that would ban the display of exotic animals for entertainment
purposes. Animals in circuses are denied the stimulation and comforts of their natural environments and are not
allowed freedom of movement. The standard methods for confinement, training, and discipline are inhumane and often
brutal. These conditions are the norm, not the exception. Abuse and deprivation can potentially transform these animals
into frustrated and dangerous creatures, setting the stage for disaster. There have been documented incidents of
animal attacks and rampages resulting in human injury and death.
Several communities in the United States have already passed legislation prohibiting these displays and bills have
recently been introduced in the states of Massachusetts, Nebraska. and in the city of Chicago. An increasing number of
animal -free circuses are touring the country with great success. We can applaud the towns and counties who have
enacted these laws and hope to add the city of Buffalo to the list. This will send an important message and prevent
cruel and potentially dangerous shows from ever coming to our community.
Animal Advocates of Western New York
RECEIVED AND FILED
NO. 46
HSBC
POLICY PURCHASING INCOME PROPERTY IN COB
Ladies and Gentlemen:
This is in response to your request regarding lending policies to individuals purchasing income property in the City of
Buffalo.
HSBC Mortgage Corporation (USA) originates and acquires residential mortgages on a national basis. HSBC follows
lending guidelines which are consistent with those of the national secondary market, and these lending standards are
applied uniformly to all of the geographic areas where loans are originated. Loans are underwritten on the basis of the
borrower's credit capacity, credit worthiness and level of equity / value of the proposed collateral. The proximity of the
borrower to the property is not a consideration in the lending decision for mortgage loans secured by investment
property.
Randall L. Raup
RECEIVED AND FILED
NO. 47
COMMENTS BAN ON EXOTIC ANIMAL ACTS
Mel Richardson, DVM
I am a veterinarian with more than 37 years of professional experience that includes treating, observing, and caring for
elephants, primates, bears, kangaroos, sea lions, big cats, birds, horses, and domestic animals. I was first hired as a
zookeeper in 1969 for the Atlanta Zoo. As a zoo and wildlife veterinarian, I worked at the International Wildlife Park in
Grand Prairie, Texas; the Dallas Zoo; the Woodland Park Zoo in Washington; the San Antonio Zoo; and the
International Animal Exchange, Inc., and was an on -call vet for Ringling Bros. and Barnum & Bailey Circus.
Throughout my career, I have observed exotic animals forced to live without adequate space in enclosures that do not
meet their physical, social, or psychological needs. I have witnessed time and time again animals who displayed
abnormal neurotic behavior brought on by the stress and boredom of captivity. Exotic animals in captivity are plagued
with diseases uncommon in their wild counterparts. Often such illness leads to the premature death of the animal.
Last year, I was asked to review video footage taken in 2006 of Ringling Bros. elephants. The footage showed Ringling
employees abusively using the bullhook (sometimes referred to as an ankus). As is common with these tools, handlers
struck elephants with excessive, unnecessary force. In one instance, a handler punctured the sensitive skin behind the
elephant's ear with the bullhook, causing a bloody wound. The elephant reacts by shrieking. Training methods used in
circuses all too often result in needless suffering.
I also observed footage of an elephant exhibiting limited mobility and extreme joint stiffness. The elephant appeared to
be suffering from painful arthritis or osteomyelitis, a problem common in captive elephants who are confined, chained,
and not given freedom of movement and adequate space. These large mammals need access to a naturalistic
environment with varied terrain and soft substrates and should not be forced to stand on hard surfaces, such as
concrete or asphalt, which is common in circuses.
I support a ban on exotic animal acts, where abusive training methods are the industry standard. The animals are
denied everything that's natural to them and spend a lifetime in barren enclosures that lack any resemblance to their
native habitats and social groupings.
Sincerely,
RECEIVED AND FILED
NO. 48
PROPOSED RIVERWRIGHT ENERGY ETHANOL PLANT
129 CHILDS STREET, BUFFALO, NY
Dear Chairman Manuele:
I am pleased to express my support for the proposed RiverWright Energy Ethanol Plant on Childs Street in the City of
Buffalo. The RiverWright proposal will create sorely needed new jobs for Western New York, provide a new buyer for
local crops, generate local tax revenues, and help to reduce America's dependence on foreign oil.
RiverWright LLC's $80 million ethanol manufacturing project will utilize more than 20 existing buildings including four
grain elevators, two former flour mills and a malting house. This job- creating project is consistent with the mixed -use,
vibrant waterfront rebirth that I have advocated for over several years. Located on an 18 -acre parcel along the Buffalo
River, the proposal will provide a projected 250 to 350 construction jobs, as well as up to 65 full -time permanent jobs. In
addition to new jobs, the proposed plant would provide a new consumption outlet for locally produced agricultural
products, with a target usage of 40 million bushels of corn. I have already fielded calls from local farmers interested in
doing business with RiverWright.
The benefits of this project reach much further than the Western New York economy. All over the country Americans
are suffering from skyrocketing gas prices that will rise unless America develops alternative sources of energy. A pillar
of the effort to reduce dependence on foreign oil is to encourage more domestic production of ethanol - especially in
states like New York that consumes, but does not produce ethanol.
The RiverWright ethanol project will bring cutting edge technology and put Western New York at the forefront of ethanol
production and distribution in the Northeast. This is a win - win -win for the region and will pave the way for new jobs, use
our own local crops and bring down the price at the pump.
I appreciate your consideration of my support. If there are any questions on this matter, please call my western NY
Regional Director, Lynn Williams at 716 - 846 -4111.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 49
RIVER WRIGHT, LLC - RIVERWRIGHT ETHANOL ENERGY PROJECT —
139 BUFFALO RIVER, BUFFALO, NY
As you are probably aware, RiverWright is planning to construct an ethanol energy plant at 139 Buffalo River, Buffalo,
New York. The proposed facility is located in proximity to your neighborhood so you have received prior public notices
already regarding our project.
This letter is to advise you that RiverWright will be hosting another public information meeting to provide information
and solicit any comments or questions you may have on the project. Our meeting is scheduled for February 12, 2007
commencing at 5:00 p.m. and will be held at the Old First Ward Community Center, 62 Republic Street, Buffalo, New
York 14203.
We encourage our neighbors and any other interested members of the public who are residents in our neighborhood to
attend the meeting. We will have in attendance knowledgeable members of the RiverWright team who will describe the
project and respond to any questions you may have on it.
If you would like more specific project information, you may view a complete copy of the Design and Site Plan
Application for the RiverWright Energy Ethanol Plant and the Full Environmental Assessment Form that have been filed
with the City of Buffalo that are on file at the Old First Ward Community Center.
We hope to see you there and we look forward to answering any questions you may have on this significant economic
development project for Buffalo.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 60
R. SMITH - INFORMATION RIVER WRIGHT ETHANOL ENERGY PLANT
Attached for review in the City Clerk's Office
REFERRED TO THE COMMITTEE ON LEGISLATION
PETITIONS
NO. 61
J. DOUGHERTY, AGENT, USE 160 DELAWARE- GROUND
SIGN (ELL) (HRG. 1/13)
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLAN BD.
NO. 62
PETITION
L. WILLIAMS &O SUPP RIVER WRIGHT ETHANOL PROJECT
We, the undersigned, are City of Buffalo residents, and fully support the RiverWright Ethanol Project planned along the
Buffalo River on Childs Street.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 63
CITIZENS AGAINST ETHONAL PLANT
Attached available for review in The City Clerks Office
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 64
V DECKER & O SUPP RIVER WRIGHT ETHANOL PROJECT
Attached available for review in The City Clerks Office
REFERRED TO THE COMMITTEE ON LEGISLATION
REGULAR COMMITTEES
CLAIMS
(MICHAEL P. KEARNS, CHAIRMAN)
NO. 66
A -1 AND A -2
PERSONAL INJURY
That upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of
alleged negligence on the part of the City of Buffalo, be comprised and settled:
A. 1. Vikki Harland v. City of Buffalo $5, 000. 00
A. 2. Larry Loder v. City of Buffalo $5,000.00
That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204)
Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named,
upon execution and delivery to the Corporation Counsel of proper releases and closing papers.
PASSED
AYES - 9 NOES -0
NO. 56
A -3
PERSONAL INJURY
MARTHA NEWSON V. CITY OF BUFFALO
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Kearns moved:
A. 3. Martha Newson v. City of Buffalo
That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204)
Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named,
upon execution and delivery to the Corporation Counsel of proper releases and closing papers.
PASSED
AYES - 9 NOES -0
NO. 57
PERSONAL INJURY
A -4 TO 9
A. 4 Darnell Jackson v. City of Buffalo, et al $1,000.00
Juliette Hill v. City of Buffalo, et al $1,000.00
Dequilla Fugate v. City of Buffalo, et al $2,000.00
A. 5 Aaron Harris v. City of Buffalo $3,500.00
Archie Harris v. City of Buffalo $3,500.00
A. 6 Reginald Austin v. City of Buffalo, et al $3,300.00
A. 7 Brian Schepart v. County of Erie, City of Buffalo $2,500.00
A. 8 Donald Williams v. City of Buffalo $5,000.00
A. 9 Rita & Donald Eisenbeis $1,000.00
That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204)
Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named,
upon execution and delivery to the Corporation Counsel of proper releases and closing papers.
PASSED
AYES - 9 NOES -0
A -5 Bonifacio and Golombek in the Negative
NO. 58
PROPERTY DAMAGE
That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of
alleged negligence on the part of the City of Buffalo, be compromised and settled:
B. 1
Abdulla, Saleh, 225 Sobieski Street, 14211
$929.81
B. 2
Bragg, Mary Lou, 176 Davidson Avenue, 14215
$250.00
B, 3
Burrough, Raab, 217 Maple, 14204
$2,091.05
B. 4
Darlene Bush, 112 Rutland Street, 14220
$207.40
B. 5
Corbett, Deborah, 77 Polish Place, 14210
$54.29
B. 6
Cutler, Malcolm, 75 Custer Street, 14220
$187.50
B. 7
Dowling, Margaret, 98 Crescent Avenue, 14214
$386.75
B. 8
Eleey, Barry W., 6734 Shawnee Road, Wheatfield, 14120
$275.78
B. 9
Green, Michelle, P.O. Box 1644, Buffalo, NY 14215
$164.35
B. 10
Henn, Stefan, 38 Via Pinto Drive, Williamsville, NY 14221
$194.76
B. 11
La Porte, Yvonne, 396 Northland Avenue, 14208
$500.00
B. 12
McCaslin, Dawn, 108 Grote Street, 14207
$120.91
B. 13
Miller, Raymond, 122 Covington, 14216
$231.90
B. 14
Patrizi, Ziby, 12 Euclid Place, 14210
$212.92
B. 15
Payne, Russell, 208 Commonwealth, 14216
$62.84
B. 16
Santos, Brenda, 41 Howell Street, Apt. 2, 14207
$1,049.56
B. 17
Sokolowski, Ronald, 87 McKinley Pkwy., 14220
$973.31
B. 18
State Farm Mutual Insurance Co. a /s /o Mary C. Kane
$5,000.00
B. 19
Stelmaeh, Peter J., 8 Cathedral Court,
West Seneca,
NY 14224
$97.86
B. 20.
Termini, Charles, 619 Bird Avenue, 14222
$106.08
B.21
Travelers Insurance Co.,assubrogeefor
Joseph &
Stella Andrycha
$5,000.00
That checks be drawn on the account of Org 17221008 (480205)
Judgment and Claims Prior Years, or (480204)
Current Fiscal
Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in
the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of
proper releases
where such releases are indicated.
PASSED
AYES - 9
NOES -0
NO. 69
MISCELLANEOUS REIMBURSEMENTS
That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims
be paid:
C. 1 Comtel, 750 Ensminger Road, Tonawanda, NY 14150 $2,457.75
C. 2 Hodgson Russ, LLP, One M &T Plaza, Buffalo, NY 14203
This is a claim for payment of invoice No. 534864 for services rendered to the Department of Law
5/2/06 to 5/31/06 $492.00
C. 3 Hodgson Russ, LLP, One M &T Plaza, Buffalo, NY 14203
This is a claim for payment of invoice No. 538153 for services
rendered to the Department of Law from 1/1/06 - 6/30/06. $23,869.00
C. 4 Hodgson Russ, LLP, One M &T Plaza, Buffalo, NY 14203
This is a claim for payment of invoice No. 541626 for services rendered to the Department of
Law from $34,103.23
C. 5 Hodgson Russ, LLP, One M &T Plaza, Buffalo, NY 14203 $727.50
This is a claim for payment of invoice No. 537723 for services rendered to the Department of Law
C. 6 Hodgson Russ, LLP, One M &T Plaza, Buffalo, NY 14203
This is a claim for payment of invoice No. 537724 for services rendered to the Department of Law from 01/01/2006-
06/28/2006 $ 18,314.90
C. 7 Hodgson Russ, LLP, One M &T Plaza, Buffalo, NY 14203
This is a claim for payment of invoice No. 537722 for services rendered to the Department of Law from 1/18/06-6/30/06
C. 8 Hodgson Russ, LLP, One M &T Plaza, Buffalo, NY 14203
This is a claim for payment of invoice No. 537726 for services rendered to the Department of Law from $7.58.50
C. 9 Hodgson Russ, LLP, One M &T Plaza, Buffalo, NY 14203
This is a claim for payment of invoice No. 537725 for services rendered to the Department of Law from
06/05/06 - 06/30/06 $2,204.00
C. 10 Nixon Peabody, LLP, 40 Fountain Plaza, Buffalo, NY 14202
This is a claim for invoice No. 8772975 for services rendered to
the Department of Law. $ 59,687.05
C. 11 Nixon Peabody, LLP, 40 Fountain Plaza, Buffalo, NY 14202
This is a claim for invoice No. 8775065 for services rendered to
the Department of Law. $ 3,067.71
C. 12 Phillips Lytle, LLP, 3400 HSBC Center, Buffalo, NY 14202
This is a claim for invoice No. 460223 for services rendered to
the Department of Law. $ 38,752.72
C. 13 Phillips Lytle, LLP, 3400 HSBC Center, Buffalo, NY 14202
This is a claim for invoice No. 472424 for services rendered to
the Department of Law. $ 29,127.00
C. 14. Phillips Lytle, LLP, 3400 HSBC Center, Buffalo, NY 14202
This is a claim for invoice No. 46472425 for services rendered to
the Department of Law. $ 33,725.50
C. 15. Phillips Lytle, LLP, 3400 HSBC Center, Buffalo, NY 14202
This is a claim for invoice No. 472426 for services rendered to
the Department of Law. $ 28,891.60
C. 16. Rupp, Base, Pfalzgraf, Cunningham & Coppola, LLC, 1600 Liberty Building, Buffalo, NY 14202
This is a claim for invoice No. 42400 for services rendered to
the Department of Law. $ 11,563.00
C. 17. Utilityaccounts.com, 325 Delaware Avenue, Buffalo, NY 14202 $ 1,330.00
That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204)
Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in
the amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of
proper releases where such releases are indicated.
PASSED
AYES - 9 NOES -0
NO. 60
Miscellaneous Reimbursement
D.1.Bucholtz, David, 64 Pavonia Street, 14207 $ 540.20
D.2.Crawford, Leslie, 988 Kensington Avenue 14215 $ 225.00
D.3.Hunt, Sandra, 138 Leroy Avenue, 14214 $1,350.64
DA.Sly, Jennifer, 361 West Delavan, 14213 $ 13.98
D.5.Sullivan, Sean, 304 Okell Street, 14220 $ 749.56
D.6.Zaprzal, Melissa, 12 Pleasantview Lane,
West Seneca, NY 14224 $ 40.00
That checks in the amount of $1,000.00 be drawn on the account of Org 17221008 (480205) Judgment and Claims
Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any,
herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the
Corporation Counsel of proper releases where such releases are indicated.
PASSED
AYES — 9 NOES — 0
NO. 61
BREACH OF CONTRACT
E.1.Aria Contracting Corp. v. City of Buffalo $11,000.00
E.2.Xerox $20,000.00
That checks in the amount of $1,000.00 be drawn on the account of Org 17221008 (480205) Judgment and Claims
Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any,
herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the
Corporation Counsel of proper releases where such releases are indicated.
NO. 62
DEATH BENEFITS
F.1. Donald Herbert $7,163.06
F.2.William Lewis (Homer) $7,852.97
That checks in the amount of $1,000.00 be drawn on the account of Org 17221008 (480205) Judgment and Claims
Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any,
herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the
Corporation Counsel of proper releases where such releases are indicated.
PASSED
AYES — 9 NOES — 0
CIVIL SERVICE
(Bonnie E. Russell, Chairperson)
NO. 63
Appointment
Associate Account Clerk (Inter #3) (Compt.) (Item No. 10 -Jan. 23 2007)
That Communication 10, Jan. 23, 2007 be received and filed and the contingent permanent appointment of Judy S.
Banks stated above at the intermediate starting salary of $31,538.00 effective on January 16, 2007 is hereby approved.
PASSED
AYES — 9 NOES — 0
NO. 64
Appointment
Associate Auditor (Max) (Compt.) (Item No. 1 I -Jan. 23 2007)
That Communication 11, Jan. 23, 2007 be received and filed and the temporary appointment of Pamela A. Tyler stated
above at the intermediate starting salary of $44,779.00 effective on January 15, 2007 is hereby approved.
PASSED
AYES — 9 NOES — 0
NO. 65
Appointment
Jr. Accountant (Perm. Cont.) (Inter #2) (Compt.) (Item No. 12 -Jan. 23 2007)
That Communication 12, Jan. 23, 2007 be received and filed and the contingent permanent appointment of Ronald L.
Wachowski stated above at the intermediate starting salary of $29,682.00 effective on January 8, 2007 is hereby
approved.
PASSED
AYES — 9 NOES — 0
NO. 66
Appts.-Detective (Max) (Pol)
( #25,1/23)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 67
Appt.- Detective Sergeant (Max) (Pol)
( #26,1/23)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 68
Appt.- Detective Sergeant (Cont. Perm.) (Max) (Pol)
( #27,1/23)
That the above item be and the same herebv is received and filed.
ADOPTED
NO. 69
Appt. - Police Lieutenant (Cont. Perm.) (Max) (Pol)
( #28,1/23)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 70
Appt. - Police Lieutenant (Perm.) (Max) (Pol)
( #29,1/23)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 71
Appointment
Report Technician (Temp) (Max) (Pol) (Item No. 30 -Jan. 23 2007)
That Communication 30, Jan. 23, 2007 be received and filed and the temporary appointment of Carrie Price stated
above at the maximum starting salary of $30,213.00 effective on December 23, 2007 is hereby approved.
PASSED
AYES — 9 NOES — 0
NO. 72
Appointment
Report Technician (Perm.) (Max) (Pol) (Item No. 31 -Jan. 23 2007)
That Communication 31, Jan. 23, 2007 be received and filed and the permanent appointment of Stephania Ovak stated
above at the maximum starting salary of $30,213.00 effective on December 25, 2007 is hereby approved.
PASSED
AYES — 9 NOES - 0
NO. 73
Appointment
Senior Budget Examiner (Inter#2) (Pol) (Item No. 32 -Jan. 23 2007)
That Communication 32, Jan. 23, 2007 be received and filed and the intermediate appointment of John W.Stanchak
stated above at the intermediate starting salary of $52,684.00 effective on December 11, 2007 is hereby approved.
PASSED
AYES — 9 NOES — 0
NO. 74
Notices of Appt.- Temp. /Prov. /Perm. (C. Clk.)
(#44,1/23)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 75
Notices ofAppt.- Temp. /Prov. /Perm. (C. Clk.)
(#45,1/23)
That the above item be and the same hereby is received and filed.
ADOPTED
FINANCE
(Brian C. Davis, Chairman)
NO. 76
Audit Report -Div. Of City Clerk- 7/1/05- 6/30/06 (Compt)
( #5,1/23)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 77
Response to City Clerk's Audit (C. Clk.)
(#40,1/23)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 78
Permission to Enter into Agreements w /NYSDOT —
Buffalo Niagara Medical Campus Site - PIN #5757.59
(Item No. 10, C.C.P., Jan. 9, 2007)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Davis moved:
That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the New York State
Department of Transportation, PIN #5757.59 to administer, design, bid and construct streetscape improvements
throughout the Buffalo Niagara Medical Campus Site. The City's share of costs anticipated being 5% would be
available in Capital Account for Local Match Reserve.
PASSED
AYES — 9 NOES — 0
NO. 79
B. Davis - Audited Financials for BNRC
(#48,3/21)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 80
BNRC Audited Financial Statements (Strat. Plan.)
( #7,11/14)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 81
BERC Audited Financial Statements (Strat. Plan.)
(#4,10/17)
That the above item be and the same hereby is received and filed.
ADOPTED.
LEGISLATION
(Richard A. Fontana, Chairman)
NO. 82
Request to Rename Portion of Abbey Street from Tifft Street to
Railroad Right of Way to
"Rittling Blvd" (Hrg. 2/6/07)
CCP #January 9, 2007
That the above item be and the same is returned to the Common Council without recommendation.
A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item,
and a Notice of same has been published in the Buffalo News for two consecutive weeks, a copy of which is attached
hereto.
On a motion by Mr. Bonifacio, seconded by Mr Kearns item is properly before the Common Council, and the hearing is
opened.
CARRIED
APPEARANCES
IN FAVOR COUNSILMEMBER KEARNS
OPPOSED
Mr. Bonifacio moved that the hearing be closed. Seconded by Mr Kearns
Mr Bonifacio moved
That pursuant to Section 286 -3 of the City Code, the request to rename a portion of Abby Street from Tifft street to the
railroad right -of -way to "Rittling Boulevard ", is hereby approved.
PASSED
AYES — 9 NOES — 0
NO. 83
Notice of Intention - Request to Rename Portion of Abby Street to 'Rittling Boulevard"
(Item No. 39, C.C.P., Jan.23, 2007)
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. 84
Request to Rename Portion of Abby Street to 'Rittling Boulevard" (Police)
(Item No. 24, C.C.P., Jan.23, 2007)
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. 85
Request to Rename Portion of Abby Street to 'Rittling Boulevard" (Adm.)
(Item No. 33, C.C.P., Jan.23, 2007)
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. 86
POSTMASTER - REQUEST TO RENAME PORTION OF ABBY STREET TO "RITTLING BOULEVARD"
(ITEM NO. 63, C.C.P., JAN.23, 2007)
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. 87
K. MCCARTHY, AGT., USE 139 (AKA 139/145/151/157)
BFLO. RIVER - ETHANOL PLANT (SO) (HRG. 10/10) (#62,10/3)
That the above item be and the same hereby is referred to the Common Council without recommendation.
Mr. Fontana moved:
That the above item be and the same hereby is recommitted to the Committee on Legislation.
ADOPTED.
NO. 88
R. FREDERICK, AGT., USE 2635 DELAWARE AVE. -SUITE F -HSF (NO PUB HRG REQ)
( #65,1/23)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 89
ROOMING HOUSE LEGISLATION (EXC. 1 -4 RES.)
( #147, 10/3) ( #76, 1/23)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 90
ADDRESSING VACANT PROPERTIES AS A REGIONAL ISSUE (CP)
( #15,1/23)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 91
J. GOLOMBEK- SPECIAL POLICE INSURANCE
( #58,1/23)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 92
G. HARP -TIME WARNER CABLE - COMMENTS -COB CONTRACT
( #59,1/23)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 93
REQUEST THE DEPARTMENT OF LAW ADD THE GOALS
OF THE CITY OF BUFFALO SECTION 3 PROGRAM TO THE
CHARTER AND CODE OF THE CITY OF BUFFALO
(ITEM NO. 104, C.C.P., DEC. 26, 2006)
That the Common Council requests that the Law Department research and draft if legal the necessary ordinance
amendment that would include the Section 3 Program. The Law Department is to file a written response with the
Common Council within thirty (30) days of the adoption of this resolution; and
That the Common Council requests the Buffalo Urban Renewal Agency (BURA) and Buffalo Economic Renaissance
Corporation (BERC) also consider adopting the City's Section 3 Program as part of their Agency's policy; and
That the City Clerk is to forward certified copies of this resolution to the City's Law Department, BURA and BERC and
the Western New York delegation to the State Legislation for a response.
ADOPTED
NO. 94
FOOD STORE LICENSE - 754 SYCAMORE
(ITEM NO. 18, C.C.P., JAN. 9, 2007)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Fontana moved:
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections
Services be, and he hereby is authorized to grant a Food Store License to Motahar Hassan, located at 754 Sycamore
(Moe's Comer Shop), with the following conditions:
Violence directly associated with, whether inside or outside the premises at 754 Sycamore Street, may result in the
immediate suspension or revocation of City of Buffalo Licenses after notice and hearing in accordance with City of
Buffalo Code.
No gang activity or loitering will be allowed on the premises.
All banners, signage lighting and any exterior advertising or interior window advertising must strictly adhere to the City
of Buffalo enforced codes.
Failure to comply with any of the above conditions may result in the immediate suspension or revocation of City of
Buffalo Licenses after notice and hearing in accordance with City of Buffalo Code.
PASSED
with conditions
AYES - 9 NOES -0
COMMUNITY DEVELOPMENT
(JOSEPH GOLOMBEK JR., CHAIRMAN)
NO. 95
2007 -2008 ANNUAL ACTION PLAN - YEAR 33 COMMUNITY DEVELOPMENT BLOCK GRANT
(ITEM NO. 3, C.C.P., JAN. 23, 2007)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That the above item be and hereby is recommitted to the Committee on Community Development
ADOPTED
NO. 96
J. BOOTH - BICYCLE - PEDESTRIAN ADV BD- RESOLUTION -OPP REMOVAL,
MERGER OR ELIMINATION OF THEATRE DISTRICT METRO RAIL STATION AS PART OF CARS SHARING MAIN
ST PROJECT
CCP# 50, JAN 23
That the above item be the same and is hereby received and filed
ADOPTED
NO. 97
D. BONIFACIO- NIAGARA RIVER BOARDWALK
CCP# 35,12/26
That the above item be the same and is hereby received and filed
ADOPTED
BY: MR. DAVIS
RESOLUTIONS
NO. 98
PERMISSION FOR ST. JOHN BAPTIST CHURCH TO HANG FLAGS
Whereas: The congregation of St. John Baptist Church is delighted to be celebrating the Church's 80 Anniversary
with year long events; and
Whereas: Located at 184 Goodell Street, in Buffalo's Ellicott District, St. John's Baptist Church has been a significant
part of the community since 1927; and
Whereas: To honor the 80 Anniversary milestone, St. John Baptist
Church is requesting permission from the City of Buffalo to hang flags; and
Whereas: St. John Baptist Church wishes to hang the flags on City light posts at the St. John Campus on Michigan
Avenue and Goodell Street, for 45 days;
Now, Therefore, Be It Resolved That:
The Common Council of the City of Buffalo does hereby approve the placement of flags at the St. John Campus on
Michigan Avenue and Goodell Street, in celebration of the 80 Anniversary of St. John Baptist Church; and
Now, Therefore, Be It Further Resolved That:
This Honorable Body does hereby approve the request for flags by St. John Baptist Church with the condition that all
City of Buffalo regulations as they pertain to the hanging of flags be met.
PASSED
AYES - 9 NOES -0
NO. 99
BY: MR. DAVIS
RE: ORDINANCE AMENDMENT CHAPTER 137, CODE ENFORCEMENT
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 137 of the Code of the City of Buffalo be amended to read as follows:
§ 137 -7. Schedule of fines and penalties.
The schedule of fines and penalties shall be as follows:
Type of Violation Initial Additional Maximum Total
Fine Penalty Penalty
Fine Class C $52.50 $52.50 $52.50 $157.50
[Lodging house,
§ 269 -3]
Fine Class D $75.00 $75.00 $75.00 $225.00
Fine Class E $105.00 $105.00 $105.00 $315.00
lodging house without a license, — 269 -2.
APPROVED AS TO FORM
NOTE: Matter underlined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE COMMISSIONER OF ECONOMIC DEVELOPMENT,
PERMITS AND INSPECTIONS AND THE ZONING BOARD
NO. 100
BY: MR. DAVIS
RE: 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:
§ 175 -1. Enumeration of fees.
The following schedule of fees is hereby established with respect to licenses, permits and activities required or
regulated under the provisions of various chapters of the Code of the City of Buffalo. Applications for and the issuance
of such licenses and permits shall be subject to the provisions of the specific chapter of the Code which is indicated for
each type of license or permit. The business, activity or operation for which the license or permit is required shall be
subject to all regulations set forth in the chapter to which reference is made. These fees may be adopted or revised by
the Common Council from time to time.
Code Chapter Fee
Section, Type of Application,
Permit or License
Chapter 269, Lodging Houses
§ 269 -13, license
For 3 to 14 beds or cots
New license $71.00
License [renewal] reissuance $57.00
For 15 to 25 beds or cots
New license $118.00
License [renewal] reissuance $104.00
For more than 25 beds or cots (new license) $118.00 Plus
$2.50
For each bed or cot in excess of 25 $104.00 plus
(license [renewal] reissuance) $2.50
Lodging House Agent License $30.00 annually
APPROVED AS TO FORM
Corporation Counsel
NOTE: Matter underlined is
new, matter in brackets is to
be deleted,
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ECONOMIC DEVELOPMENT
PERMITS AND INSPECTIONS AND THE ZONING BOARD
NO. 101
BY: MR. DAVIS
RE: ORDINANCE AMENDMENT
CHAPTER 269, LODGING HOUSES
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 269 of the Code of the City of Buffalo be amended to read as follows:
Chapter 269, Lodging Houses
§ 269 -1. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
LODGING HOUSE - A building in which three or more persons are accommodated for a fee with sleeping privileges.
The term shall also include any establishment known as a "rooming house" which accommodates three or more
persons for a fee with sleeping privileges.
§ 269 -2. [(Reserved)] Licensed Required.
A. No person, firm, corporation, or like entity shall occupy, operate, use or maintain any building or portion thereof as a
lodging establishment nor conduct a lodging house in any building or portion thereof without first having been issued
license by the Department of Economic Development, Permits & Inspection Services pursuant to a verified written
application upon forms provided by the Department.
B. No license shall be issued unless the owner or the approved agent of the owner as provided and licensed pursuant
to this chapter resides on the premises of the lodging
house as so defined in this chapter
§ 269 -3. Lodging House license application and approvals. [License Required.]
A. Every person, firm, corporation, or like entity in applying for a license to conduct, use, operate, or maintain a
lodging house shall submit with its application the following information:
(1) The name and address of a permanent resident of the City of Buffalo who shall be the agent and responsible for
the management of said lodging house. The Commissioner shall approve of any proposed agent and the agent shall
obtain a license in accordance with §269 -5. This requirement shall not apply to those lodging houses exempt from
providing an agent as also provided for in §269 -5G.
(2) A description of the property by street number, the number of rooming units on the premises, the number and
location of rooms and beds to be used for lodging house purposes on the premises.
The number of persons occupying each rooming unit.
(4) A plan or diagram of the lot containing the lodging house and of each floor in the building, showing all dimensions,
doors, windows, closets, water closets, bathrooms, staircases and means of exit.
B. Such information shall be filed annually with the Erie County Department of
Health, unless the applicant shall state, under affidavit, that no changes have been made affecting the previous plan or
diagram filed.
[No person, firm or corporation shall occupy, use or maintain any building or portion thereof as a lodging house nor
conduct a lodging house in any building or portion thereof without first obtaining a license therefor from the
Commissioner of Permit and Inspection Services. No license shall be issued unless the owner or lessee or the agent of
the owner or lessee as designated in § 269 -4A(1) hereof resides on the premises of the lodging house or within 500
feet of the premises. The application for such license shall be prepared by and obtained from the Commissioner of
Permit and Inspection Services. The application shall require only such information as is pertinent to the conduct, use,
occupancy and maintenance of a lodging house, together with the information required in § 269 -4 hereof. Each
application, including an application for the reissuance of a license, shall be referred to the Commissioner of Fire for
compliances with applicable fire and safety laws, to the Commissioner of Police for the police record of applicant or
applicant's agent and to the Commissioner of Permit and Inspection Services for his approval as to conditions of health
and sanitation.]
§ 269 -4. Referral of lodging house license application. [Applications; filing of required information.]
A. The application for a lodging house license shall be prepared by and obtained from the Commissioner of Economic
Development, Permit and Inspection Services. The application shall require only such information as is pertinent to the
conduct, use, occupancy and maintenance of a lodging house together with all information required pursuant to this
chapter. All applicants shall produce satisfactory photo identification as a part of the application process, as well as
sufficient proof of residency if claiming to reside on the premises. [Every owner or lessee of any lodging house shall
submit with his application to conduct a lodging house the following information:
(1) The name and address of a permanent resident of the City of Buffalo who shall be the agent and responsible for the
management of said lodging house.
(2) A description of the property by street number, the number of apartments in each lodging house, the number of
rooms in each apartment and the number of rooms for sole occupancy.
(3) The number of persons occupying each room and /or apartment.
(4) A plan or diagram of the lot containing the lodging house and of each floor in the building, showing all dimensions,
doors, windows, closets, water closets, bathrooms, staircases and means of exit.]
B. All applications for a lodging house shall be referred to the Commissioner of Economic Development, Permit and
Inspection Services for his /her approval. The Commissioner shall cause an inspection of the premises to ensure that
the building or structure is in compliance with all applicable zoning and building codes. The referral shall be returned
with a recommendation for approval or disapproval of the application. All disapprovals must state the basis therefore in
writing. [Such information shall be filed
annually with the Department of Health, unless the applicant shall state, under affidavit, that no changes have been
made affecting the previous plan or diagram filed.]
C. All applications for a lodging house shall be referred to the Department of Fire for approval and to ensure that the
premises is in compliance with all applicable Fire and Safety Codes. The referral shall be returned with a
recommendation for approval or disapproval of the application. All disapprovals must state the basis therefore in
writing.
D. All applications for a lodging house license issued under this chapter shall be referred to the Commissioner of
Police, who shall promptly cause an investigation to be made into the criminal background and moral character of the
applicant. The Commissioner of Police shall also cause an investigation into the relevant criminal history at the
premises. The Commissioner of Police shall investigate and report such findings and make a recommendation to the
Department of Economic Development, Permit and Inspection Services as to whether or not approval and issuance of
the license is recommended. If approval is not recommended, such report shall state the reasons therefore in writing_
E. All applications for a lodging house license shall be referred to the Erie County Department of Health for approval as
to conditions of health and sanitation. If the County fails to respond within ninety (90) days of its referral, the
Commissioner of Economic Development, Permit and Inspection Services may issue license if deemed appropriate
after an inspection by the Department of Economic Development, Permit and Inspection Services, and all other
necessary approvals have been met.
F. All new applications for a lodging house license shall be referred to the Common Council for approval.
§ 269 -5. Approving of Agent, License required. [Expiration; reissuance.
A lodging house license shall expire on the first day of February next after issuance. Applications for reissuance of a
license may be made 30 days prior to the expiration date and shall in any event be made not later than January 31 next
after its original issuance. Each applicant for reissuance shall be required to submit a new application therefor.]
A. No individual shall be permitted to serve as agent as provided in this chapter without first obtaining a license from the
Department of Economic Development, Permit and Inspection Services upon the approval of the Commissioner.
B. Prospective Agents shall appear in person in the offices of the Department of Economic Development, Permit and
Inspection Services and shall be required to complete a license application as provided by the department
C. All prospective agents shall produce satisfactory photo identification as a part of the application process, as well as
sufficient proof of residency.
D. The Commissioner may disapprove of a proposed agent if in his /her discretion the proposed agent is unqualified or
unfit. In determining whether an agent is qualified or fit, the Commissioner may consider factors including but not limited
to:
1. The moral character of the agent;
2. Relevant experience of the agent;
3. The degree of supervision deemed appropriate at the premises;
4. The number of occupants residing at the premises;
5. Occupant safety; and
6. Any other relevant factors.
E. Moral Character of Prospective Agent.
All applications for licenses to serve as agents issued under this chapter shall be referred to the Commissioner of
Police, who shall promptly cause an investigation to be made into the criminal background and moral character of the
applicant. The Commissioner of Police shall investigate and report such findings and make a recommendation to the
Department of Economic Development, Permit and Inspection Services as to whether or not approval and issuance of
the license is recommended. If approval is not recommended, such report shall state the reasons therefore.
F. Suspension or Revocation of Agent's license
An agent's license issued pursuant to this chapter may be revoked or suspended for cause after notice and hearing by
the Commissioner of Economic Development, Permit and Inspection Services. The Commissioner of Economic
Development and Permit and
Inspection Services may designate an Administrative Law Judge, who shall be an attorney admitted to practice in the
State of New York for at least three U years, to administer hearings held pursuant to this chapter. Said Administrative
Law Judge shall recommend to the Commissioner of the Department of Economic Development and Permit and
Inspection Services whether a license should be revoked or suspended after notice and hearing.
G. Exemption from Agent requirements.
Lodging houses that contain full bathrooms in each rooming unit, maintain and staff twenty -four (24) hour a day
registration desks, and provide rooming unit doors equipped with outer door locking devices requiring separate keys to
gain entrance shall be exempt from all licensed agent requirements contained in this chapter.
H. Licenses issued to agents are nontransferable in accordance with § 269 -10. Should the owner or lodging house
licensee for any reason change agents, he /she shall notify the Department of Economic Development, Permit and
Inspection Services in writing, and the prospective agent shall appear any apply for a license as required under this
chapter. The prospective agent may not serve as agent without the approval of the Commissioner and issuance of a
license.
§ 269 -6. Expiration; reissuance. [Certificate of occupancy; registration.
A. Every lodging house which lodges five or more persons shall procure a certificate of occupancy, as provided for in
the Multiple Dwelling Law or Chapter 129 of the Charter of the City of Buffalo.
B. No license shall be issued pursuant to § 269 -3 hereof unless the applicant for said license shall first register the
proposed lodging house with the Commissioner of Permit and Inspection Services.]
A lodging house license shall expire on the first day of February next after issuance. Applications for reissuance of a
license may be made 30 days prior to the expiration date and shall in any event be made not later than January 31 next
after its original issuance. Each applicant for reissuance shall be required to submit a new application therefore.
§ 269 -7. Certificate of occupancy; registration. [Lodging house register.
Every lodging house shall have, keep and maintain a register in a suitable place in said lodging house, and every
person applying for a room, bed or cot shall register his or her name and address therein. Said register shall be open to
the police for inspection.]
A. Ever /lodging house which lodges five or more persons shall procure a certificate of occupancy, as provided for in
the Multiple Dwelling Law or Chapter 129 of the Charter and Code of the City of Buffalo.
B. No lodging house license shall be issued pursuant to this chapter unless the applicant for said license shall first
register the proposed lodging house with the Commissioner of Economic Development, Permit and Inspection
Services.
§ 269 -8 [(Reserved)] Lodging house register.
Every lodging establishment shall have, keep and maintain a register in a suitable place on the premises, and every
person applying for a room, bed or cot shall register his or her name and address therein. Said register shall be open to
the police for inspection.
§ 269 -9. Revocation or suspension of license.
A license issued pursuant to this chapter may be revoked or suspended for cause after hearing by the Commissioner of
Economic Development, Permit and Inspection Services. The Commissioner of Economic Development and Permit and
Inspection Services may designate an Administrative Law Judge, who shall be an attorney admitted to practice in the
State of New York for at least three U years, to administer hearings held pursuant to this chapter. Said Administrative
Law Judge shall recommend to the Commissioner of the Department of Economic Development and Permit and
Inspection Services whether a license should be revoked or suspended after notice and hearing.
Any violation of or failure to comply with any of the laws or ordinances applicable to a lodging house shall be cause for
revocation. The Commissioner or his designee may also consider such factors, including, but not limited to, the nature
and disposition of any notices of violation from the Bureau of Administrative Adjudication issued for conduct at the
property; and the nature and frequency of complaints about the property generated from, among other sources, Police
Department incident reports, 911 calls, property inspection reports and other verifiable information reported to the City.
§ 269 -10. Transferability and display of licenses.
A lodging house license issued hereunder (as well as any license issued to an agent under this chapter) is not
transferable and shall be kept posted in a conspicuous location in the main entrance hallway of such lodging house at
all times. The name of the agent (if applicable) as well as a telephone number and room number or location whereby
the agent may be reached in the case of an emergency shall also be posted and displayed in a conspicuous location in
the main hallway at all times, except for those lodging houses exempt from the agent requirement as set forth in § 269 -
5G.
§ 269 -11. (Reserved) Fines and Penalties.
Any person, firm, corporation, or like entity, occupying, operating, using or maintaining any lodging house in violation of
the provisions of this chapter may be liable for penalties as prescribed in Chapter 137 of this Code, and any lodging
house found operating without a license may be subjected to the immediate closure by the Buffalo Police Department
and /or the Department of Economic Development, Permits & Inspection Services.
§ 269 -12. Inspections.
The Commissioner of Health, the Commissioner of Economic Development, Permit and Inspection Services, the
Department of Fire and the Department of Police shall be given free access to all parts of any lodging house at any
reasonable hour.
§ 269 -13. Fees.
The license fee for each lodging house license and lodging house agent license shall be as provided in Chapter 175,
Fees.
§ 269 -14. Applicability.
This chapter shall not apply to hospitals, orphan asylums or charitable or nonprofit institutions.
APPROVED AS TO FORM
Corporation /Counsel
NOTE: Matter underlined is new; matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF ECONOMIC DEVELOPMENT
PERMITS AND INSPECTIONS AND THE ZONING BOARD
NO. 102
BY: MR. FONTANA
RE: TRAILBLAZING SIGN -ANDY DIVINCENZO
Whereas: Trailblazing Signs, otherwise known as honorary street names, are generally assigned to honor and
commemorate noteworthy persons associated with the City of Buffalo; and
Whereas: The Common Council has received a request for a Trailblazing Sign to honor Chef Andy DiVincenzo; and
Whereas: Mr. DiVincenzo dedicated most of his life in helping both local and national charitable events, including
donations to support St. Agnes Parish and youth sports programs. Other events that Mr. DiVincenzo highly supported
included "Kids Escaping Drugs," "Camp Good Days and Special Times," "March of Dimes," "Food banks of Western
New York;" "Hunter's Hope Foundation," and the "Ilio DiPaulo Scholarship Foundation;" and
Whereas: Chef DiVincenzo diligently worked his trade, serving customers from all of Western New York the best and
widely diverse meals from his well known restaurant, "Billy Ogden's," located at 1834 William Street in the City of
Buffalo for over 16 years; and
Whereas: A Trailblazing Sign is truly appropriate due to Chef DiVincenzo naming his business after the city streets
where it is located; and
Whereas: An honorary sign is desired to commemorate Mr. DiVincenzo as a noteworthy person in this Lovejoy District
neighborhood.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo hereby approves the installation of Trailblazing Signs proclaiming the
portion of William Street from North Ogden Street to Bailey Avenue as "Chef Andy DiVincenzo Way;" and
Be It Further Resolved:
That this Common Council requests that the Department of Public Works, Parks and Streets install the Trailblazing
Signs on the northwest comer of North Ogden and William, as well as the southwest comer of Bailey and William; and
Be It Finally Resolved:
That this item be referred to the appropriate committee for further action. Richard A. Fontana /
REFERRED TO THE COMMITTEE ON LEGISLATION, AND THE COMMISSIONER OF PUBLIC WORKS, PARKS
AND STREETS
NO. 103
BY: MR. FRANCZYK
CITY OF BUFFALO
LOCAL LAW NO. (2007) INTRODUCTORY NO. 1 (2007)
A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Boards and Commissions
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOW:
Section 1. That Article 18 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follow:
Buffalo Environmental
Management Commission
§ 18 -51. Establishment of the Buffalo Environmental Management Commission.
There is hereby established a commission to be known as the Buffalo environmental management commission that
shall be charged with advising city government on present and proposed methods and plans for the preservation,
enhancement, protection and management of the environment and encouraging action to improve environmental
quality among public and private agencies and organizations operative within the city of Buffalo.
§ 18 -52. Membership.
The commission shall consist of nine members; four of whom shall be appointed by the mayor, four of whom shall be
appointed by the common council and one of whom shall be appointed by the Buffalo Niagara partnership or any
successor organization to the Buffalo Niagara partnership.
The terms of the members shall be two years, except that five of the members first appointed after the enactment of
this charter shall be appointed for two years and two of the mayor's appointees and two of the common council's
appointees shall be appointed for one year.
The members of the commission shall have environmental oriented training or background in public service and shall
be committed to the preservation and enhancement of environmental quality.
§ 18 -53. Powers and Duties of the Buffalo Environmental Management Commission.
The commission:
(a) shall hold at least six (6) meetings each year, all of which are open to the public;
(b)shall adopt rules and procedures for its meetings and keep accurate records of its meetings and activities;
(c) in appropriate cases from time to time, may recommend programs for the protection, preservation and
ecologically suitable utilization of open land areas, scenic and historic sites, natural areas, shorelines, marshlands,
drainageways and other wetlands in the city to the mayor and common council;
(d) in appropriate cases, may recommend the expansion and development of the amount of open space within the
city;
(e) may advise and make recommendations to the mayor, common council and director of environmental affairs as
requested or as may be deemed appropriate by the commission on matters affecting the environmental quality of the
city;
(f) may develop, recommend and assist in the conduct of a program of public information in the city which shall be
designed to increase the understanding of environmental problems and to foster support for their solution;
(g) shall cooperate with and assist such other governmental or nongovernmental boards or organizations in the
review of proposals or applications as the mayor or common council may direct;
(h) may recommend in writing that the common council accept by gift, conditional or unconditional grant, devise or
otherwise, real property in fee, or any lesser interest, including conveyance with limitations or reversions, for the
purpose of this article.
(i) may hold hearings for specified purposes in accord with the general purposes of this article;
Q) may report its findings to the mayor, common council, director of environmental affairs, public and private agencies
and organizations and interested parties;
(k) may submit an annual budget to carry out its purposes and powers as fixed by this article or any other applicable
ordinances;
(1) may prepare and present a periodic state of the environment report to the mayor and common council; (m) may
encourage that environmental concerns be considered and all existing laws, rules and regulations are being complied
with by the responsible departments;
(n) may encourage appropriate departments to take legal and /or enforcement action pursuant to their authority as
warranted and where necessary; and
(o) may recommend that the corporation counsel seek an injunction to abate violations of any laws, rules and
regulations pertaining to environmental affairs.
§ 18 -54. Meetings.
The commission shall:
(a) Hold at least six meetings each year, all of which are to be open to the public; (b) Adopt rules and procedures for its
meetings; and
(c) Keep accurate records of its meetings and activities.
§ 18 -55. Powers, Duties and Functions.
The commission, in cooperation with the appropriate city offices, shall prepare and keep current an inventory and map
of all areas within the city, including, but not limited to, those open land areas, scenic and historic sites, natural areas,
shorelines, marshlands, drainageways and other wetlands in the city, for the purpose of obtaining information pertinent
to the preservation, enhancement, and use of such areas. The commission, from time to time, may recommend
programs for the protection, preservation and ecologically suitable utilization of such areas to the mayor and common
council. In addition, the commission, in cooperation with appropriate city departments, may recommend the expansion
and development of the amount of open space within the city. The commission shall advise and make
recommendations to the mayor and common council as requested or as may be deemed appropriate by the
commission on matters affecting the environmental quality of the city, and may act as a lead agency for the city
concerning any report, recommendation, study, or other matter required by the terms of the state environmental quality
review act.
§ 18 -56. Qualifications of Staff.
The commission's staff shall be provided from the division of environmental affairs. The chief staff person shall be the
director of environmental affairs and the staff shall also include an environmental research analyst who shall have
earned a bachelor's degree and have one year of experience in the field of urban planning or environmental analysis.
§ 18 -57. Powers, Duties and Functions of Staff.
(a) The director of environmental affairs shall be responsible to the commission as chief administrator of the
commission to ensure that its duties and responsibilities are carried out, and shall assist the commission as necessary.
(b) The duties of the environmental research analyst shall include, but not be limited to, the following:
(i) Analyze environmental assessment forms and environmental impact statements relating to the work of " the
commission.
(ii) Analyze all license applications for licenses which may have environmental implications.
(iii) Perform necessary inspections in connection with license application review for environmental compliance.
(iv) Work with and advise other city departments, as may be necessary or appropriate.
(v) Assist the commission as may be deemed necessary or appropriate.
(vi) Respond to environmental concerns as necessary.
§ 18 -58. A— Environmental Notices.
The mayor, as the chief executive officer of the city of Buffalo, and all other city officials shall file with the city clerk all
notices received on behalf of the city of Buffalo pursuant to the provisions of the State Environmental Review Act and
the regulations promulgated pursuant to the Act. Such a notice shall be filed before the end of the next business day
with the city clerk who shall promptly forward a copy of such notice to the Buffalo Environmental Management
Commission.
B. Buffalo Pest Management Sub - Committee
There shall be a standing sub - committee known as the "Buffalo Pest Management Sub - Committee." The Buffalo Pest
Management Sub - Committee shall fully incorporate the "Buffalo Pest Management Board" previously operating under
Chapter 6 of the City Code.
1 .Declaration of policy.
a. The Common Council of the City of Buffalo finds and declares that the environmentally sound management of plant
and animal species within the city is an integral part of preserving human health and maintaining a vibrant and healthy
ecosystem in the city.
b. The Common Council also finds and declares that the potential hazards involved in the use of pest control methods
must be given the highest scrutiny in light of the need to preserve the fragile ecosystem of this city. Indeed, in order to
so protect the heritage of our future generations, it is the declared policy of this city to phase out the use of pesticides
that are toxic to nontarget organisms by the City of Buffalo, to employ pest control strategies which are the least
hazardous to human health and the environment, to adopt pest management programs and strategies which place first
priority on the prevention of pest problems and to use pesticides that are toxic to nontarget organisms only in
emergencies as defined in § 18 -58 B9.
c. Towards this end, wise planning and control of activities which influence the ecological balance of the natural
resources and environment of this city and the natural and functional beauty of its surroundings require broad -based
participation and cooperation of government entities, public and private organizations and the people of the City of
Buffalo.
d. It is, therefore, in the best interest of the city that a Pest Management Sub - Committee of the Buffalo Environmental
Commission be created with the responsibility of assisting the Buffalo Environmental Commission in developing pest
management policies for the city. These policies shall include decision making processes that will incorporate
preventative pest management planning for all City of Buffalo projects involving plantings, building and remodeling
designs, maintenance programs, etc. In furtherance thereof, when pest management treatment programs are
undertaken, they must be:
(i) Least disruptive or nondisruptive ofnataral controls.
(ii) Least disruptive or nondisruptive to human health.
(iii)Nontoxic to nontarget organisms.
(iv)Least damaging or not damaging to the environment.
(v) Most likely to produce a permanent reduction in the environment's ability to support the pest infestation.
2. Membership.
a. The Buffalo Pest Management Sub - Committee shall consist of nine members. Two members shall be appointed by
the Mayor, one by the Environmental Management Commission and six by the Council. The terms of the members
shall be for two years, except those of the members first appointed. Of those, five shall be appointed for terms of two
years, and one of the Mayor's and three of the Common Council's appointees shall be appointed for terms of one year.
All members shall serve without compensation. A vacancy during the term of any member shall be filled in the manner
that the original appointment was made for the duration of the expired term.
b. The Buffalo Pest Management Sub - Committee will establish and consult with, as it deems necessary, a
subcommittee of city department personnel involved in pest management activities.
3. Qualifications.
The members of the Buffalo Pest Management Sub - Committee shall have a demonstrated commitment to the
preservation and enhancement of environmental quality and to public service.
4. Meetings.
The Buffalo Pest Management Sub - Committee shall:
a. Hold at least nine meetings each year, all of which shall be open to the public.
b. Adopt rules and procedures for its meetings, including specific provisions for public participation during Board
meetings and on major policy decisions.
c. Keep accurate records of its meetings and activities.
d. File an annual report with the Mayor, Common Council and Comptroller on or before the 31 st day of March of each
year.
5. Objectives.
The objectives of the Buffalo Pest Management Sub - Committee are:
a. To limit the use of substances that are toxic to nontarget organisms in pest control undertaken by the City of Buffalo
or by contract or subcontract to the City of Buffalo.
b. To progressively direct the city and its departments toward dealing with pests by preventive means and by means
that are not toxic to nontarget organisms.
c. To aid in bringing the city's pest management practices to such an environmentally benign level that Buffalo will
become a role model for its citizens and for other municipalities.
6. Functions and powers.
a. To assist in carrying out the above - mentioned obiectives, the Buffalo Pest Management Sub - Committee shall
prepare and adopt a pest management plan for use by city departments. This plan shall address pest population
monitoring and least -toxic pesticide use, and pest control strategies that are not toxic to nontarget organisms for use
after such date.
b. The Buffalo Pest Management Sub - Committee shall review, summarize and respond to the required emergency
pesticide waiver reports from boards, commissions, departments, employees, contractors of the city or subcontractors
of the city as described under § 18 -58 B9.
c. The Buffalo Pest Management Sub - Committee shall also be empowered to engage in, but not be limited to, the
following activities:
(i) Identify all City of Buffalo programs, departments, individuals, employees, contractors or subcontractors directly or
indirectly implementing pest management methods or strategies by obtaining documents, including but not limited to
purchasing contracts, invoices, certification applications, material safety data sheets, labels, accident reports, incident
reports or records, workers' grievances and inventory storage sheets properly maintained by the city, its programs,
departments, employees, contractors or subcontractors and any other documents required to be filed by the federal
government, State of New York or City of Buffalo relative to pest management.
(ii) With the specific goal of removing, modifying or replacing any city programs or strategies which are not consonant
and consistent with the declaration of policy enunciated hereunder, the Pest Management SubCommittee shall
evaluate and monitor all present pest management programs utilized by, contracted for or engaged in by any city
department, including but not limited to reviewing pesticide application records and requests for pesticide purchases.
NO Develop procedures and guidelines for decision making consistent with the declaration of policy referred to above.
iv Develop programs for evaluating and monitoring pest problems in the city.
(V) Develop guidelines for city staff and residents in handling of typical pest problems: these guidelines to
be reviewed and updated periodically.
(vi) Develop educational materials to increase public awareness and understanding of the availability of safe alternative
methods of pest control and of the hazards associated with the use of pesticides that are toxic to nontarget organisms.
kvia Offer assistance to citizens with pest or other related problems.
viii Work with and invite active citizen participation in monitoring pest control programs.
OX Consult with the various departments of the city which are involved with, contract for or are engaged in
pest management programs and methods.
(x) Submit recommendations to the Environmental Management Commission, city departments or the Council, as
appropriate.
(A) Develop a mechanism for record keeping and monitoring all pest management programs authorized by the City of
Buffalo or authorized by any board, commission, department, employee, contractor or subcontractor of this city.
NO Develop and maintain an accessible, interactive database for all city departments, employees, etc., relative to
integrated pest management that is not toxic to nontarget organisms.
(xiii) Develop, distribute and conduct outreach and educational programs, including but not limited to developing
materials such as warning notices, pamphlets, brochures, workshops, speaking engagements and any and all other
materials and programs deemed necessary and consistent with the declaration of policy herein. (xiv) Conduct or
recommend studies, surveys or inventories as are in accord with the general purposes of this article and to do so with
appropriate coordination with existing or prospective work of a similar nature performed by federal, state, county_,
municipal or private agencies and organizations.
(xv) Cooperate with and assist such other governmental or nongovernmental boards or organizations in the preparation
of plans or reports and in the review of proposal applications related to pest management as the Mayor, Common
Council or Comptroller may direct.
(xvi) Advertise, promote, prepare, print and distribute information, including but not limited to print and electronic media.
(xvii) Accept, by gift, grant, bequest or otherwise, money or other personal property in the name of the City of Buffalo
for use in the furtherance of the provisions of this article.
(xviii) Hold hearings for a specified purpose in accord with the general purposes of this article.
(xix) Report findings related to pest management to the Mayor, the Common Council, the Comptroller, public and
private agencies and organizations and interested citizens.
(xx) Act as a resource on matters concerning pest management issues upon the request of any city department.
(xxi) Promote the consideration of and compliance with existing laws, rules and regulations by the responsible
departments.
(xxii) Suggest, where warranted, that appropriate governmental entities and /or city departments take legal and /or
enforcement action pursuant to their authority.
(xxiii) Promote the development of a pesticide poisoning educational center in consultation with hospitals or other
organizations.
(xxiv) Serve as a resource to facilitate training in integrated pest management.
(xxv) Oversee the sunset provisions of § 18 -58 B9 of this article.
(xxvi) Advocate for the hiring of the personnel necessary to effectively cut pesticide use by the city and participate in the
oversight of those employees.
7. Procedures for pest management.
The Buffalo Pest Management Sub - Committee shall establish a pest management decision making process for use by
city departments which includes the following components:
a. Strategies which emphasize prevention and which are the least disruptive of natural systems shall be selected first.
These include such strategies as design and maintenance of buildings, appropriate plants, good soil maintenance
practices, etc.
b. After monitoring and determining that there is a need for pest management, non - chemical management techniques
shall be considered, including but not limited to the following methods and techniques:
(i) Modification of land and botanical management practices, including watering, mulching, fertilizing waste
management, etc.
ii Modification of pest ecosystems to reduce food and living space.
iii Use of physical controls such as handweeding, traps and barriers.
iv Use of biological controls. (Given the burgeoning field of biotechnology, the Pest Management
Subcommittee shall develop criteria for the use of biological controls consistent with the declaration of policy.)
c. Use of pesticides that are toxic to nontarget organisms should only occur as a last resort, and after their class is
sunsetted under this article, an exemption per § 18 -58 B9 will be required for their use.
d. All treatments should be monitored to evaluate effectiveness.
8. Notice of pesticide use.
The Common Council resolves that, in the best interest of public health and courtesy to neighbors, since there are a
variety of ways by which individuals may involuntarily come in contact with pesticides, city residents are 6
encouraged to post notices of intent to spray pesticides on their property 48 hours in advance. It is recommended that
the notices remain posted for 48 hours after the pesticide application and that warning notices be similar to those in use
by the various departments of the city engaged in pest management.
9. Municipal pesticide use; sunset provisions.
a. For the purposes of this section, the following definitions shall apply:
ANTIMICROBIAL PESTICIDE -- A pesticide as defined by 7 U.S.C. 136(mm).
PEST -- Any insect, rodent, fungus, weed or any other form of terrestrial or aquatic or animal life or virus, bacteria or
other microorganism (except viruses, bacteria or other microorganisms on or in living man or other living animals) which
the Commissioner of the New York State Department of Environmental Conservation declares to be a pest.
PESTICIDE -- Any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any
pest; and any substance or mixture of substances intended for use as a plant regulator, defoliator or desiccant. It shall
include all pesticide products registered as such by the United States Environmental Protection Agency and the New
York State Department of Environmental Conservation and all products for which experimental use permits and
provisional registrations have been granted by the United States Environmental Protection Agency and the New York
State Department of Environmental Conservation.
b. Effective September 1, 1999, no City of Buffalo board, commission, department, employee, contractor of the city or
subcontractor of the city shall apply on City of Buffalo property any pesticide classified as Toxicity Category I by the
United States Environmental Protection Agency or any pesticide classified as a known, likely or probable human
carcinogen by the United States Environmental Protection Agency, except as provided for in Subsection a of this
section.
c. Effective September 1, 2000, no City of Buffalo board, commission, department, employee, contractor of the city or
subcontractor of the city shall apply on City of Buffalo property any pesticide classified as Toxicity Category II by the
United States Environmental Protection Agency, any pesticide classified as a possible human carcinogen by the United
States Environmental Protection Agency or any pesticide classified as restricted use by the United States
Environmental Protection Agency or the New York State Department of Environmental Conservation, except as
provided in Subsection a of this section.
d. Effective September 1,2001, no City of Buffalo board, commission, department, employee, contractor of the city or
subcontractor of the city shall apply any pesticide on City of Buffalo property, except as provided in Subsection a of this
section.
e. Notwithstanding any other provisions, this section shall not apply to the following_
(i) Pesticides otherwise lawfully used for the purpose of maintaining a safe drinking water supply at drinking water
treatment plants, wastewater treatment plants, reservoirs and related collection, distribution and treatment facilities.
ii Antimicrobial pesticides.
Pesticides in contained baits for the purposes of rodent or insect control.
iv Pesticides classified by the United States Environmental Protection Agency as exempt materials under
40 CFR 152.25.
(v) Boric acid when used according to its label.
(vi) Pesticides prescribed by a licensed veterinarian for the control of parasites of wild, domestic or exotic animals.
f. Should a City of Buffalo board, commission, department, employee, contractor of the city or subcontractor of the city
determine that an emergency warrants the use of pesticide that would otherwise not be allowed under this section, it
may apply for a single -use waiver from the Commissioner of the department responsible for the property in question. If
the waiver is granted, the Commissioner shall file a notice of such waiver with the Common Council.
(i) The Commissioner shall determine if such a waiver is warranted based on the following criteria:
The pest situation poses an immediate threat to human health or to valuable public resources; and
Viable alternatives consistent with this section do not exist. (Such a determination should be made in
consultation with a locally recognized expert in integrated pest management whose credentials are deemed satisfactory
by the Pest Management Sub - Committee or qualified city personnel.)
(ii) As a condition of approval, the Commissioner shall require a commitment from the City of Buffalo board,
commission, department, employee, contractor of the city or subcontractor of the city which made the application for
waiver that the underlying causes of the pest outbreak will be addressed in order to prevent future outbreaks.
NO When a pesticide prohibited by this section is used under the authority of a waiver obtained from the Commissioner,
the entity engaged in emergency pesticide application is required to post the following information at the site of
application to inform city employees and the public:
(a) The date of posting_
The address, date, approximate time, pest to be controlled, method of application and specific sites to be
treated.
(C) Any trade names of the pesticide.
The acute and chronic toxicity of the pesticide, duration of toxicity and appropriate warnings.
(e) The name and telephone number of the person responsible for the application.
M The phone number of the poison control center.
L(* The name of the city department responsible for the pest management procedures.
As a condition of approval the Commissioner shall require a commitment from the City of Buffalo
board, commission, department, employee, contractor of the city or subcontractor of the city which made the application
for waiver to file a report with the Common Council and the Pest Management Sub - Committee detailing the reasons the
waiver was needed, the details of when and how the application was made and the steps to be taken to address the
underlying cause of the pest problem. This report must be filed with the City Clerk within 30 days of the pesticide use.
Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the
provisions of this law shall be controlling.
Section 3. This local law shall take effect immediately upon its passage.
APPROVED AS TO FORM
Corporation Counsel
Note: Matter underlined is new,
Matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE ENVIRONMENTAL MANAGEMENT COMMISSION AND
THE PEST MANAGEMENT BOARD
NO. 104
Mr. Franczyk
Re: Ordinance Amendment
Chapter 6, Boards, Committees, Agencies, and Commissions
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 6 of the Code of the City of Buffalo be amended to read as follows:
ARTICLE VII, [Buffalo Pest Management Board]
§ 6 -39.[ Declaration of policy.
A. The Common Council of the City of Buffalo finds and declares that the environmentally sound management of
plant and animal species within the city is an integral part of preserving human health and maintaining a vibrant and
healthy ecosystem in the city.
B. The Common Council also finds and declares that the potential hazards involved in the use of pest control
methods must be given the highest scrutiny in light of the need to preserve the fragile ecosystem of this city. Indeed, in
order to so protect the heritage of our future generations, it is the declared policy of this city to phase out the use of
pesticides that are toxic to non target organisms by the City of Buffalo, to employ pest control strategies which are the
least hazardous to human health and the environment, to adopt pest management programs and strategies which
place first priority on the prevention of pest problems and to use pesticides that are toxic to non target organisms only in
emergencies as defined in § 6 -47.1 F.
C. Towards this end, wise planning and control of activities which influence the ecological balance of the natural
resources and environment of this city and the natural and functional beauty of its surroundings require broad -based
participation and cooperation of government entities, public and private organizations and the people of the City of
Buffalo.
D. It is, therefore, in the best interest of the city that a Pest Management Board be created with the responsibility of
developing pest management policies for the city. These policies shall include decision making processes that will
incorporate preventative pest management planning for all City of Buffalo projects involving plantings, building and
remodeling designs, maintenance programs, etc. In furtherance thereof, when pest management treatment programs
are undertaken, they must be:
(1) Least disruptive or non disruptive of natural controls.
(2) Least disruptive or non disruptive to human health.
(3) Nontoxic to non target organisms.
(4) Least damaging or not damaging to the environment.
(5) Most likely to produce a permanent reduction in the environment's ability to support the pest infestation.]
§ 6 -40. [Establishment.
There is hereby established a Pest Management Board to be known as the "Buffalo Pest Management Board. "]
§ 6 -41. [Membership.
A. The Board shall consist of nine members. Two members shall be appointed by the Mayor, one by the Environmental
Management Commission and six by the Council. The terms of the members shall be for two years, except those of the
members first appointed. Of those, five shall be appointed for terms of two years, and one of the Mayor's and three of
the Common Council's appointees shall be appointed for terms of one year. All
members shall serve without compensation. A vacancy during the term of any member shall be filled in the manner that
the original appointment was made for the duration of the expired term.
B. The Board will establish and consult with, as the Board deems necessary, a subcommittee of city department
personnel involved in pest management activities.]
§ 6 -42. [Qualifications.
The members of the Board shall have a demonstrated commitment to the preservation and enhancement of
environmental quality and to public service.]
§ 6 -43. [Meetings.
The Board shall:
A. Hold at least nine meetings each year, all of which shall be open to the public. B. Adopt rules and procedures for its
meetings, including specific provisions for public participation during Board meetings and on major policy decisions.
C. Keep accurate records of its meetings and activities.
D. File an annual report with the Mayor, Common Council and Comptroller on or before the 31 st day of March of each
year.]
§ 6 -44. [Objectives of the Board.
The objectives of the Buffalo Pest Management Board are:
A. To limit the use of substances that are toxic to non target organisms in pest control undertaken by the City of
Buffalo or by contract or subcontract to the City of Buffalo. B. To progressively direct the city and its departments
toward dealing with pests by preventive means and by means that are not toxic to non target organisms.
C. To aid in bringing the city's pest management practices to such an environmentally benign level that Buffalo will
become a role model for its citizens and for other municipalities.]
§ 6 -45. [Functions and powers.
A. To assist in carrying out the above - mentioned objectives, the Buffalo Pest Management Board shall prepare and
adopt, on or before September 1, 1999, a pest management plan for use by city departments. This plan shall address
pest population monitoring and least -toxic pesticide use prior to September 1, 2001, and pest control strategies that are
not toxic to non target organisms for use after such date.
B. The Buffalo Pest Management Board shall review, summarize and respond to the required emergency pesticide
waiver reports from boards, commissions, departments, employees, contractors of the city or subcontractors of the city
as described under § 6 -47.1 F.
C. The Buffalo Pest Management Board shall also be empowered to engage in, but not be limited to, the following
activities:
(1) Identify all City of Buffalo programs, departments, individuals, employees, contractors or subcontractors directly or
indirectly implementing pest management methods or strategies by obtaining documents, including but not limited to
purchasing contracts, invoices, certification applications, material safety data sheets, labels, accident reports, incident
reports or records, workers' grievances and inventory storage sheets properly maintained by the city, its programs,
departments, employees, contractors or subcontractors and any other documents required to be filed by the federal
government, State of New York or City of Buffalo relative to pest management.
(2) With the specific goal of removing, modifying or replacing any city programs or strategies which are not consonant
and consistent with the declaration of policy
enunciated hereunder, the Board shall evaluate and monitor all present pest management programs utilized by,
contracted for or engaged in by any city department, including but not limited to reviewing pesticide application records
and requests for pesticide purchases.
(3) Develop procedures and guidelines for decision making consistent with the declaration of policy referred to above.
(4) Develop programs for evaluating and monitoring pest problems in the city. (5) Develop guidelines for city staff
and residents in handling of typical pest problems; these guidelines to be reviewed and updated periodically.
(6) Develop educational materials to increase public awareness and understanding of the availability of safe
alternative methods of pest control and of the hazards associated with the use of pesticides that are toxic to non target
organisms.
(7) Offer assistance to citizens with pest or other related problems.
(8) Work with and invite active citizen participation in monitoring pest control programs.
(9) Consult with the various departments of the city which are involved with, contract for or are engaged in pest
management programs and methods.
(10) Submit recommendations to the Environmental Management Commission, city departments or the Council, as
appropriate.
(11) Develop a mechanism for record keeping and monitoring all pest management programs authorized by the City of
Buffalo or authorized by any board, commission, department, employee, contractor or subcontractor of this city.
(12) Develop and maintain an accessible, interactive database for all city departments, employees, etc., relative to
integrated pest management that is not toxic to non target organisms.
(13) Develop, distribute and conduct outreach and educational programs, including but not limited to developing
materials such as warning notices, pamphlets, brochures, workshops, speaking engagements and any and all other
materials and programs deemed necessary and consistent with the declaration of policy herein.
(14) Conduct or recommend studies, surveys or inventories as are in accord with the general purposes of this article
and to do so with appropriate coordination with existing or prospective work of a similar nature performed by federal,
state, county, municipal or private agencies and organizations.
(15) Cooperate with and assist such other governmental or nongovernmental boards or organizations in the preparation
of plans or reports and in the review of proposal applications related to pest management as the Mayor, Common
Council or Comptroller may direct.
(16) Advertise, promote, prepare, print and distribute information, including but not limited to print and electronic media.
(17) Accept, by gift, grant, bequest or otherwise, money or other personal property in the name of the City of Buffalo for
use in the furtherance of the provisions of this article. (18) Hold hearings for a specified purpose in accord with the
general purposes of this article.
(19) Report findings related to pest management to the Mayor, the Common Council, the Comptroller, public and
private agencies and organizations and interested citizens. (20) Act as a resource on matters concerning pest
management issues upon the request of any city department.
(21) Promote the consideration of and compliance with existing laws, rules and regulations by the responsible
departments.
(22) Suggest, where warranted, that appropriate governmental entities and /or city departments take legal and /or
enforcement action pursuant to their authority.
(23) Promote the development of a pesticide poisoning educational center in consultation with hospitals or other
organizations.
(24) Serve as a resource to facilitate training in integrated pest management.
(25) Oversee the sunset provisions of § 6 -47.1 of this article.
(26) Advocate for the hiring of the personnel necessary to effectively cut pesticide use
by the city and participate in the oversight of those employees.]
§ 6 -46. [Procedures for pest management.
The Buffalo Pest Management Board shall establish a pest management decision making process for use by city
departments which includes the following components:
A. Strategies which emphasize prevention and which are the least disruptive of natural systems shall be selected first.
These include such strategies as design and maintenance of buildings, appropriate plants, good soil maintenance
practices, etc.
B. After monitoring and determining that there is a need for pest management, non chemical management techniques
shall be considered, including but not limited to the following methods and techniques:
(1) Modification of land and botanical management practices, including watering, mulching, fertilizing, waste
management, etc.
(2) Modification of pest ecosystems to reduce food and living space.
(3) Use of physical controls such as hand weeding, traps and barriers.
(4) Use of biological controls. (Given the burgeoning field of biotechnology, the Board shall develop criteria for the use
of biological controls consistent with the declaration of policy.)
C. Use of pesticides that are toxic to non target organisms should only occur as a last resort, and after their class is
sunsetted under this article, an exemption per § 6 -47.1 will be required for their use.
D. All treatments should be monitored to evaluate effectiveness.]
§ 6 -47. [Notice of pesticide use.
The Common Council resolves that, in the best interest of public health and courtesy to neighbors, since there are a
variety of ways by which individuals may involuntarily come in contact with pesticides, city residents are encouraged to
post notices of intent to spray pesticides on their property 48 hours in advance. It is recommended that the notices
remain posted for 48 hours after the pesticide application and that warning notices be similar to those in use by the
various departments of the city engaged in pest management.
§ 6 -47.1. Municipal pesticide use; sunset provisions.
A. For the purposes of this section, the following definitions shall apply: ANTIMICROBIAL PESTICIDE --A pesticide
as defined by 7 U.S.C. 136(mm).
PEST -- Any insect, rodent, fungus, weed or any other form of terrestrial or aquatic or animal life or virus, bacteria or
other microorganism (except viruses, bacteria or other microorganisms on or in living man or other living animals) which
the Commissioner of the New York State Department of Environmental Conservation declares to be a pest.
PESTICIDE -- Any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any
pest; and any substance or mixture of substances intended for use as a plant regulator, defoliator or desiccant. It shall
include all pesticide products registered as such by the United States Environmental Protection Agency and the New
York State Department of Environmental Conservation and all products for which experimental use permits and
provisional registrations have been granted by the United States Environmental Protection Agency and the New York
State Department of Environmental Conservation.
B. Effective September 1, 1999, no City of Buffalo board, commission, department, employee, contractor of the city
or subcontractor of the city shall apply on City of Buffalo property any pesticide classified as Toxicity Category I by the
United States Environmental Protection Agency or any pesticide classified as a known, likely or probable human
carcinogen by the United States Environmental Protection Agency, except as provided for in Subsection E of this
section.
C. Effective September 1, 2000, no City of Buffalo board, commission, department, employee, contractor of the city or
subcontractor of the city shall apply on City of Buffalo property any pesticide classified as Toxicity Category II by the
United States Environmental Protection Agency, any pesticide classified as a possible human carcinogen by the United
States Environmental Protection Agency or any pesticide classified as restricted use by the United States
Environmental Protection Agency or the New York State Department of Environmental Conservation, except as
provided in Subsection E of this section.
D. Effective September 1,2001, no City of Buffalo board, commission, department, employee, contractor of the city or
subcontractor of the city shall apply any pesticide on City of Buffalo property, except as provided in Subsection E of this
section. E. Notwithstanding any other provisions, this section shall not apply to the following:
(1) Pesticides otherwise lawfully used for the purpose of maintaining a safe drinking water supply at drinking water
treatment plants, wastewater treatment plants, reservoirs and related collection, distribution and treatment facilities. (2)
Antimicrobial pesticides.
(3) Pesticides in contained baits for the purposes of rodent or insect control.
(4) Pesticides classified by the United States Environmental Protection Agency as exempt materials under 40 CFR
152.25.
(5) Boric acid when used according to its label.
(6) Pesticides prescribed by a licensed veterinarian for the control of parasites of wild, domestic or exotic animals.
F. Should a City of Buffalo board, commission, department, employee, contractor of the city or subcontractor of the
city determine that an emergency warrants the use of pesticide that would otherwise not be allowed under this section,
it may apply for a single -use waiver from the Commissioner of the department responsible for the property in question.
If the waiver is granted, the Commissioner shall file a notice of such waiver with the Common Council.
(1) The Commissioner shall determine if such a waiver is warranted based on the following criteria:
(a) The pest situation poses an immediate threat to human health or to valuable public resources; and
(b) Viable alternatives consistent with this section do not exist. (Such a determination should be made in consultation
with a locally recognized expert in integrated pest management whose credentials are deemed satisfactory by the
Board or qualified city personnel.)
(2) As a condition of approval, the Commissioner shall require a commitment from the City of Buffalo board,
commission, department, employee, contractor of the city or subcontractor of the city which made the application for
waiver that the underlying causes of the pest outbreak will be addressed in order to prevent future outbreaks.
(3) When a pesticide prohibited by this section is used under the authority of a waiver obtained from the
Commissioner, the entity engaged in emergency pesticide application is required to post the following information at the
site of application to inform city employees and the public:
(a) The date of posting.
(b) The address, date, approximate time, pest to be controlled, method of application and specific sites to be treated.
(c) Any trade names of the pesticide.
(d) The acute and chronic toxicity of the pesticide, duration of toxicity and appropriate warnings.
(e) The name and telephone number of the person responsible for the application. (f) The phone number of the
poison control center.
(g) The name of the city department responsible for the pest management procedures. (4) As a condition of approval
the Commissioner shall require a commitment from the City of Buffalo board, commission, department, employee,
contractor of the city or subcontractor of the city which made the application for waiver to file a report with the Common
Council and the Pest Management Board detailing the reasons the waiver was needed, the details of when and how
the application was made and the steps to be taken to address the underlying cause of the pest problem. This report
must be filed with the City Clerk within 30 days of the pesticide use.]
APPROVED AS TO FORM
NOTE: Matter underlined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION, ENVIRONMENTAL MANAGEMENT BOARD AND PEST
MANAGEMENT CONTROL
NO. 106
Resolution
By: Mr. Franczyk, Ms. Russell, Mr. Bonifacio
Re: Council Staff Mission Statement
WHEREAS:The Common Council central staff under the leadership of Paul Wolf, Esq. Chief of Staff has developed a
Mission Statement to guide the direction of the staff office; and
WHEREAS: The Mission Statement which was developed with the input of Council staffers and Councilmembers is as
follows:
Council Staff Mission Statement
"A Laboratory For New Ideas
Our mission is to:
• Assist Councilmembers with policy decisions affecting the City of Buffalo.
• Initiate innovation in City government. We thrive on the power of ideas and having
our office serve as a laboratory for new ideas.
• Serve as problem solving liaisons while working with Couneilmembers as catalysts
for change.
• Assist Councilmembers with being effective and accountable to their constituents as they strive to improve the
quality of life within the City of Buffalo.
Now Therefore Be It Resolved
That the Buffalo Common Council supports this Mission Statement and looks forward to working with the Council staff
office to improve the quality of life within the City of Buffalo through new innovative ideas.
ADOPTED
No. 106
RESOLUTION
Sponsor: Mr. Golombek and Mr Davis
Support For A Downtown Public Market
WHEREAS Public markets are making a comeback as economic development projects and as a social gathering place
that build community; and
WHEREAS Spending millions of tax dollars to entice a Big -box mega businesses such as Bass Pro is not the way to
build an authentic, interesting an exciting downtown; and
WHEREAS A public market is uniquely situated to fill the role of a lively destination gathering place and small business
incubator; and
WHEREAS Support for a downtown public market is in no way intended to slight the great historic Broadway Market
currently in operation on Buffalo's East side; and
WHEREAS A downtown market at this point is envisioned as a weekend seasonal outdoor market, where vendors
could sell antiques, jewelry, crafts, and ethnic foods, that would provide an additional opportunity for Broadway Market
vendors to sell their goods; and
WHEREAS One possible location for a downtown market is the vacant DL &W building owned by the Niagara Frontier
Transportation Authority (NFTA); and
WHEREAS The DL &W building is a magnificent location, in that an outdoor market could be located on the upper deck
of the building with scenic views of the Buffalo River and downtown Buffalo. The building is adjacent to the
upcoming Cobblestone District, the HSBC Arena, convenient to public transportation and has nearby parking
available; and
WHEREAS The idea of a downtown public market is being led by Newell Nussbaumer of Buffalo Rising and has
obtained the support of many individuals including Assemblymember Sam Hoyt; and
WHEREAS Directing some of the public funds available for the Bass Pro project and /or the New York Power Authority
Settlement toward the creation of a unique downtown public market makes more sense then spending millions on a
mega -box store on our historic waterfront; and
WHEREAS People crave unique authentic experiences where they can enjoy scenic surroundings, interesting diverse
people and attractions. A public market provides a real experience that a mega -box store simply cannot.
Now Therefore Be It Resolved
That the Buffalo Common Council hereby joins Assemblymember Sam Hoyt in supporting a seasonal outdoor public
market in downtown Buffalo as a way of creating a unique community destination point.
Be It Further Resolved
That a copy of this resolution be forwarded to the NFTA, the Erie Canal Harbor Development Corporation, the Empire
State Development Corporation, Mayor Byron Brown, Commissioner Richard Tobe, State Senator Antoine Thompson,
and Assemblymember Sam Hoyt.
Be It Finally Resolved
That this item is referred to an appropriate Committee of the Council for further discussions to move this project
forward.
ADOPTED 1sT&2 ND RESOLVE REMAINDER
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT,
NO. 107
RESOLUTION
Co- Sponsored By: Mr. Kearns, Mr. Fontana, Mr. Lo Curto
Requesting That the State of New York Grant a Waiver to All Applicants for the Buffalo Police Exam Who Would Have
Been Less Than Thirty -Five (35) Years of Age on the Date for which the Exam was Originally Scheduled, but due to the
Exam's postponement, will now have reached Thirty -Five (35) years of age when the exam is held.
Whereas: The Buffalo Police Exam is offered infrequently and it has been more than six (6) years since this Exam
was last offered; and
Whereas: Eligibility requirements for the Buffalo Police Exam stipulate that all applicants must be younger than thirty -
five (35) years of age on the date that they take the Exam; and
Whereas: The Buffalo Police Exam was originally scheduled to be held on January 13 2007 but was
cancelled less than one week before that date and rescheduled for April 7th', 2007; and
Whereas: A number of applicants were less than thirty -five (35) years old on January 13 2007, but, as a
result of the exam being postponed until April 7 th, 2007, will now be thirty -five (35) years old when the exam is
offered; and
Whereas: The postponement of this exam occurred through no fault of these applicants and there is no
reason to believe that as a result of their being thirty -five (35) years and three (3) months of age on April 7th,
2007 that their ability to perform the duties required of a Buffalo Police Officer will be negatively affected by
this slight age difference; and
Now, Therefore, Be It Resolved That:
The Common Council of the City of Buffalo declares its support for a waiver of the thirty -five (35) year old age limit for
those who will be thirty -five (35) years of age when the Buffalo Police Exam is held on April 7 th, 2007 but applied prior
to the original January 4 h deadline and would have been under age thirty -five (35) years old on January 13 2007,
the date for which the exam was originally scheduled; and
Now, Be It Further Resolved That:
The Common Council of the City of Buffalo directs the Department of Human Resources of the City of Buffalo to
petition the State of New York for a waiver of the thirty -five (35) year old age limit for those who will be thirty -five (35)
years of age when the Buffalo Police Exam is held on April 7 th, 2007, but applied prior to the original January 4th
deadline and would have been under age thirty -five (35) years old on January 13 2007, the date for which the exam
was originally scheduled.
ADOPTED
NO. 108
Resolution
By: Ms. Russell
Accepting Late Tax Payments
WHEREAS Taxpayers who send in payments late containing the full amount of their tax bill have their payments
rejected by the City as the payment does not contain late fees and interest charges;
WHEREAS In the 2003 -2004 fiscal year there were 3,687 payments returned to taxpayers due to the payment being
over or under the amount owing, in 2004 -2005 there were 3,814 payments returned; and
WHEREAS The City Charter authorizes the payment of taxes in two installments, and the City is not authorized per the
Charter to accept less than the full amount due and owing; and
WHEREAS Individuals who pay late should always be subject to interest and penalties, however the City should be in
the position of accepting and processing payments if the billed amount is being paid, even though a payment does not
include penalties and interest charges; and
WHEREAS An exception may have to be made for properties that are in the process of being foreclosed by the City, as
at some point the City may not legally be able to accept payments for less than the full amount including interest and
penalties, if foreclosure is being pursued; and
Now Therefore Be It Resolved
That the Common Council supports amending the City Charter to provide the City the ability to accept late tax
payments that contain that correct billed amount even though the payment does not contain penalties and interest fees,
with appropriate exception made for the City's foreclosure process.
Be It Further Resolved
That this item is referred to the Corporation Counsel and the Commissioner of Assessment and Taxation for comment
as to the feasibility of amending the City Charter as requested.
Be It Finally Resolved
That this item is referred to an appropriate Committee of the Council for further discussion and consideration of the
anticipated responses from the REFERRED TO THE COMMITTEE ON FINANCE, CORPORATION COUNSEL AND
COMMISSIONER OF ADMINISTRATION, FINANCE, POLICY AND URBAN AFFAIRS
NO. 109
By Mr SMITH
Felicitations /In Memoriam
Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as
indicated:
Felicitation for M. BURKE
By Councilmember KEARNS
NO. 110
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13 floor City Hall,
Buffalo, New York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, Feb. 13, 2007 at 9:45 o'clock A.M.
Committee on Finance following Civil Service Tuesday, Feb. 13, 2007 at 10:00 o'clock A.M.
Committee on Comm. Dev. Tuesday, Feb. 13, 2007 at 1:00 o'clock P.M.
Committee on Legislation Tuesday, Feb. 13, 2007 at 2:00 o'clock P.M.
Special Committees
Special Leg. Comm. Mtg. Wednesday, Feb. 7, 2007 at 2:00 o'clock P.M. in Room 1417 City Hall on the Police
Dept's new Mobile Response Unit.
(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. 111
Adjournment
On a motion by Mr. Bonifacio, Seconded by Mrs. Russell, the Council adjourned 2:50PM
GERALD CHWALINSKI
CITY CLERK