HomeMy WebLinkAbout07-0320•
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
MARCH 20, 2007
FIRE AND POLICE PENSION
MARCH 22, 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
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 * **
* *MARCH 20, 2007 * **
MAYOR
1. Appt. - Buffalo Sewer Authority Board LEG, COLL
2. Appt. - Chairman- Buffalo Water Board LEG, COLL
3. Appt.- Examining Board of Plumbers R &F
4. Reappt. - Buffalo Sewer Authority Board LEG, COLL
MAYOR - EXECUTIVE
5. Strategic Plan.- Amendment to Empire Zone Local Law -Part 1 -EAF- Luminescent Systems
& Multisorb Technologies, Inc.
6 -5A. Strategic Plan -Part 2 & Neg. Declaration of EAF For Luminescent Systems, Inc. &
Multisorb Technologies, Inc.
7 -6. Strategic Plan.- Audited Financials for BERC - 2005
8 -7. Strategic Plan. -Req. for Info. -BNRC
COUNCIL PRESIDENT
9 -7A. Buffalo Fiscal Stability Authority -Req. for State Efficiency Grant Monies
COMPTROLLER
10 -8. Bflo Mun. Water Finance Authority -Basic Fin. Statements /Req. Supp. Info. -Yr. Ended
6/30/06
R &F
ADOPT
FIN
FIN
BUDGET
FIN
11 -9.
Bflo. Water Bd. -Bas. Fin. Statements /Req. Supp. Info. -Yr Ended 6/30/06
FIN
12 -10.
Using Surplus for Residential Demolitions
FIN
13 -11.
Appt.- Principal Accountant (Max)
CS
14 -12.
Appt. - Principal Auditor (Inter)
CS
15 -13.
Appt. -Sr. Auditor (Inter)
CS
MANAGEMENT INFORMATION SYSTEMS
CS
16 -14.
Appt. -Sr. Data Proc. Equip. Operator (Inter 42)
CS
17 -15.
Appt.- System Support Specialist (Inter 44)
CS
PUBLIC WORKS, PARKS & STREETS
R &F
18 -16.
Bids -City Hall -Steam Line Replacement -Job 40709 (Ell)
APP
19 -17. Bids - Removal of Dangerous Leaners & Hangers on City Owned Trees - Citywide -Group
#670
E "r
20 -18.
Change in Contract - Friends to the Elderly - Flooring Replacement- Job 40518 (Masten)
APP
21 -19.
Perm. To Negotiate /Acquire ROW Parcels- Babcock St. Bridge Replacement (Lovejoy)
APP
22 -20.
Structural Repairs -South Park Avenue Lift Bridge
APP
23 -21.
Time Warner Franchise Agreement
R &F
POLICE
24 -22.
Appt.- Detective (Max)
CS
25 -23.
Appt. -Spec. Asst. to Police Comm. For Communications (Max)
CS
FIRE
26 -24.
J. Gray -Return from Leave of Absence
R &F
27 -25.
Appt. -Comm. Specialist (Max)
CS
28 -26.
Appt. -Comm. Technician (Max)
CS
CORPORATION COUNSEL
29 -26A. Claim Request - William & Carol Bryant
APP
ECONOMIC DEVELOPMENT & PERMITS /INSPECTIONS
30 -27.
Amendment to COB Ordinance Chapter 316 -44
LEG, CC
31 -28.
Food Store License -2999 Bailey (Univ)
APP
32 -29.
Food Store License -535 Broadway (Ell)
LEG
33 -30.
Food Store License -380 Connecticut (Niagara)
LEG
34 -31. Food Store License -1266 Genesee (Masten) LEG
35 -32. Food Store License -170 Hampshire (Niagara) APP
36 -33. Food Store License -896 Niagara (Niagara) LEG
37 -34. Letter to Bflo. Pres. Bd. From Comm. Tobe R &F
38 -35. M. Kearns -J &R Smith -Req. Purchase Neighboring Property
CD
39 -36. Second Hand Dealer -616 Elmwood (Niag.)
APP
40 -37. Used Car Dealer -534 Colvin (Del)
LEG
41 -38. Used Car Dealer -1120 Main St. (Niagara)
APP
ADMINISTRATION, FINANCE, POLICY & URBAN AFFAIRS
R &F
42 -39. Auction/Scrap of Police Vehicles
APP
COMMUNITY SERVICES & RECREATIONAL PROGRAMMING
MISCELLANEOUS
43 -40. Acceptance of Grant Award -Total Cost: $36,624.00
APP
HUMAN RESOURCES
44 -41. Contract for Psychological Testing for Entrance - Level- Police Officer Candidates
APP
BOARD OF EDUCATION
54 -50.
45 -42. City Hall Cafeteria
CITY CLERK
46 -43. J. Harvey -Haz. Condition -2574 & 2578 Main St.
47 -44. Auto Allowance
R &F
R &F
R &F
48 -45.
Leaves of Absence
R &F
49 -46.
Reports of Attendance
R &F
50 -46A. Appointments- Mayor's Youth Opportunity & Employment
R &F
51 -47.
Notices of Appointments - Temp. /Prow. /Perm.
CS
MISCELLANEOUS
52 -48.
N. Bennett- Complaints -Time Warner Cable Complain _LEG, TELECOM, ATTNY GEN.
53 -49.
D. Black- University Heights Quality of Life Initiative
LEG
54 -50.
D. Bonifacio- Mayor's Press Release -COB 2008 Federal Funding Requests
BUDGET
55 -51.
L. C. Ciminelli -Board Packet Documents - 3/5/07
R &F
56 -52.
M. Clarke -LISC- Addressing Over 600 MBBA Properties
CD
57 -53.
B. Davis -S. Meadows -Legal Aid Bureau - Monthly Reports -Jan. & Feb. 2007
FIN
58 -54.
P. DePasquale- Info. -502 Mineral Springs Road - Zoning Regulations
LEG, CP BD
59 -55.
L. Desormeau- Concerns - Foreclosure Notifications
CD
60 -56.
R. Fontana -J. Huang -Req. Asst. in Updating Buffalo's Natl. Flood Insurance Program
CD
61 -57.
J. Homkow - Dormitory Auth. -SEQR Findings Statement -Bflo. Lakeside Commerce Park
CD
62 -58.
K. Massey- Process for Foreclosure
CD
63 -59.
M. Riegel- Belmont Shelter Corp.- Addressing Over 600 MBBA Properties
CD
64 -60.
M. Rodgers -West Village- Concerns - Proposed Camera Intersections
FIN
65 -61.
L. Schiavi- Greater Bflo. Savings Bank - Foreclosure Notification
CD
66 -62.
D. Smith -Bflo. Public School District Parent Involvement Plan
ED
67 -63.
W. Stachowski & O- Mayor's Anti - Flipping Task Force - Foreclosure Notification
CD
68 -64.
W. Stachowski & O- Mayor's Anti - Flipping Task Force - Addressing Over 600 MBBA
Properties
CD
69 -65.
R. Talboys- Habitat for Humanity -600 MBBA Properties
CD
70 -66.
T. Wyldes - Keybank -Block Loans for Out of Town Landlords
R &F
PETITIONS
71 -67.
K. Olson, Owner, Use 1860 Seneca -Bar (South) (Hrg. 3/27)
LEG, CP BD
72 -68.
J. Colon, Owner, Use 430 Seventh - Repair Garage (Ell) (Hrg. 3/27)
LEG, CP BD
73 -69.
C. McCaffrey, Agent, Use 60 Dingens- Ground Sign (Lovejoy) (No Pub Hrg Req)
LEG, CP BD
74 -70.
R. Deet, Agent, Use 111 Maple -HSF (Ell) (No Pub Hrg Req)
LEG, CP BD
75 -71.
R. Lipsitz, Sr.- Coalition for Economic Justice - Living Wage Legislation
LEG
RESOLUTIONS
132 -72. Bonifacio Grant -Ferry Assn. Application to NYS Main St. Program ADOPT
133 -72A. Bonifacio HRM Senate Bill #3531- Assembly B111406482 - "An Act to Amend the
Vehicle & Traffic Law, in relation to directing the COB to adjudicate
traffic infractions" ADOPT
134 -73. Davis
135 -74. Davis
136 -75. Davis
137 -76. Fontana
138 -76A. Fontana
139 -77. Fontana
140 -78. Fontana, etc.
141- 79.Franczyk
142- 80.Franczyk
143 -81. Golombek
144 -82. Golombek
145 -83. Kearns
146 -84. Kearns, etc
47 -85. Russell
148 -85A. Smith, etc.
149 -86. Smith
150 -87. Smith
151 -88. Smith
Amendment to Pratt- Willert Revital. Urb. Renewal Plan. (Hrg. 4/17) CD
Appt.- Legislative Aide ADOPT
Perm. To Hang Banners- Niagara St.- Hispanic Apostolate APP
Establish District Heating at the New Federal Courthouse
ADOPT 1,2 RES.; 3 -LEG
Disch. Leg Comm. -CCP 4102 - 2/6/07 - "Trailblazing Sign -Andy
DiVincenzo" ADOPT DISCH;APP
Oppose State Wide Cable Franchises
ADOPT
Support for Creating a Weather Museum As A Downtown Family
3,736.39 APP
Attraction
ADOPT
Curb Violence in City Schools
ED, BD ED, BTF
Supp. Fed. Courthouse Design Compatible With Joseph Ellicott Plan
ADOPT
Local Law Intro 45 (2007)- Empire Zone Amendments
APP
The Need for More Buffalo Police Officers
ADOPT
City Rep. On the Erie Co. Greenway Fund Standing Committee
Jose Moreno
ADOPT 1,2 RES.; 3 -CD
323.00 APP
Supp. Transmission -Prel. Final Niagara River Greenway Plan by the
3
Niagara River Greenway Comm. To NYS Comm. Of Parks, Recreation
$
& Hist. Pres. For Review ADOPT
A
Local Law Intro 44 (2007) — Taxes & Assessments
Kenneth Pitts
$
LEG
Brand -On Services Compliance With the Living Wage Ordinance
FIN, PW
Felicitations /In Memoriums
ADOPT
Comm. Of Deeds
Comm. Of Deeds
ADOPT
SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING
CLAIMS
$
198.00 APP
3,736.39 APP
PROPERTY DAMAGE (TREE RELATED)
PROPERTY DAMAGE
Michael Cercone
B
A
1
Netza Medina
$
273.69 APP
A
2
Jose Moreno
$
323.00 APP
76- A
3
Newburgh Coalition Inc.
$
3,500.00 APP
A
4
Kenneth Pitts
$
119.61 APP
A
5
Profile Affordable Homes c/o Maurice Sessum
$
3.311.91 APP
A
6 Kenneth Rodriguez
$
198.00 APP
3,736.39 APP
PROPERTY DAMAGE (TREE RELATED)
6
Michael Cercone
B
1 Ruth Albert
$
902.40 APP
B
2 Maria Braid
$
4,685.44 APP
B
3 William Brown
$
1,600.00 APP
B
4 Felix Carrion
$
5.925.00 APP
B
5
Felix Carrion Jr.
$
3,736.39 APP
B
6
Michael Cercone
$
1,000.00 APP
B
7
Gerald Chrzanowski
$
595.62 APP
B
8
James Conrad
$
1,542.95 APP
B
9
Terrie Garner
$
3,594.84 APP
B
10
Julia Gonzalez
$
2,559.71 APP
B
11
William Holihan
$
2,811.39 APP
PT
B
12
Adele Jankowiak
$
1, 144.3 8 APP
B
13
Grace Johnson
$
6,180.00 APP
B
14
Mohammed Kowa
$
4,371.84 APP
77- B
15
Craig Lehner
$
1,300.00 APP
B
16
Donald Lehner
$
500.00 APP
B
17
Jennifer Malicher
$
100.00 APP
B
18
Carrie McBride
$
12,720.00 APP
B
19
Ferdinand Montes
$
550.00 APP
B
20
Brianne Moody
$
500.00 APP
B
21
Charles Moore
$
1,112.74 APP
B
22
Raymond O'Neill
$
1,620.00 APP
B
23
Hilda Pareja
$
245.02 APP
B
24
Constance Pfohl
$
2,473.48 APP
B
25
Chanel Price
$
1,735.87 APP
B
26
Charles Price
$
545.93 APP
B
27
William Standart
$
837.38 APP
B
28
Peter Szalasny
$
450.00 APP
B
29
Alfreda Taylor
$
214.92 APP
B
30
Al Zink
$
3,200.00 APP
MISCELLANEOUS INVOICE
C
I
Colucci & Gallaher
$
3.989.00 APP
C
2
Colucci & Gallaher
$
495.00 APP
C
3
Group Health Inc.
$ 43,011.91 APP
78- C
4
Phillips Lytle
$
31.85 APP
C
5
Connors & Vilardo, LLP
$
986.59 APP
C
6
Connors & Vilardo, LLP
$
8,311.61 APP
C
7
Jack Hunt & Associates
$
7.05 APP
MISCELLANEOUS REIMBURSEMENT
86 -6. Com
6 Dec 12
79- D
1
Wayne Hedges
$
2,000.00 APP
D
2
Alexandre Picard
$
3,605.00 APP
74 Mar 6
PERSONAL INJURY
80- E
1
Litton Kelley
$
9,000.00 APP
CIVIL SERVICE
81 -1. Com
53 Mar 6
Notices of Appt.- Temp. /Prov. /Perm. (C. Clk.)
R &F
82 -2. Com
30 Feb 20
Buffalo Police Exam (HR)
R &F
FINANCE
83 -3. No
56 Mar 6
J. Campolong -Amer. Water Works- Response -M. Kearns -J. Eddy -
COB Water Bill
R &F
84 -4. No
78 Mar 6
Proposals -City Hall Cafeteria ( 420,12/12) (PW)
RECOMMIT
85 -5. Com
5 Sept 5
Lease of Buffalo General Hospital Ramp (Pkg. Bd.)
R &F
86 -6. Com
6 Dec 12
Bond Closeout $830,000.00 (Compt.)
RECOMMIT
87 -7. No
46 Feb 20
M. Kearns -J. Eddy -COB Water Bill
R &F
LEGISLATION
88 -8. Com
74 Mar 6
P. Sorgi, Agent, Use 1545 William St.- Billboard Sign (Lovejoy)
(Hrg. 3/13)
APP
89 -9. Res
150 Mar 6
Local Law Intro 43 (2007)- Boards & Commissions (Bd. Of Pkg.)
APP
90 -10. Res
169 Mar 6
Ord. Amend.- Chapter 159- Dentistry
APP
91 -11. Res
154 Mar 6
Ord. Amend.- Chapter 391 - Slaughterhouses
APP
92 -12. No
59 Mar 6
B. Davis -D. Chadsey- Info. -Allen St. Bars
R &F
93 -13. No
67 Mar 6
J. Holifield -Bflo. Olmsted Parks Conservancy- Forms. Of Pks.
Adv. Bd. /Opp. Imposing Fees
R &F
94 -14. No 81 Mar 6
95 -15.
No
73
Mar 6
96 -16.
Com
39
Mar 6
97 -17.
Res
165
Mar 6
98 -18.
Com
41
Mar 6
99 -19.
No
49
Feb 6
100 -20. No 50 Feb 6
101 -21. No 52 Feb 6
102 -22. No 53 Feb 6
103 -23
104 -24
105 -25
106 -26
107 -27
108 -28
Opp. To Olmsted Conservancy Imposing Fees Upon Youth Sports
Org. (Exc. 1s'& 2 d Res.) ( 496,2/20)
R &F
D. Zuchlewski- Proposed Olmsted Park Fees
R &F
Req. Dept of Law Add Goals of Sect. 3 Program to Charter /Code
R &F
(EDPI)
R &F
Req. Police Comm. Brief Common Council on Measures Being
Feb 20
Taken to Ensure That Law Enf Capabilities Will Not Be Compr. If
R &F
"Blue Flu" Occurs on St. Pat's Weekend
R &F
Used Car Dealer -25 Roberts (Lovejoy) (EDPI)
APP
C. Slater -Harter Secrest & Emery- Comments - RiverWright Ethanol
R &F
Energy Plant
R &F
R. Smith - Info. - RiverWright Ethanol Energy Plant
R &F
L. Williams & O -Supp. RiverWright Ethanol Project
R &F
J. Cleary & O- Comments - Citizens Against RiverWright Ethanol
A. Garcia -Req to Expand Comm. Access Advisory
Plant
R &F
Feb 6
V. Decker & O -Supp. RiverWright Ethanol Project
R &F
Feb 6
Bflo. Rocket -J. Einach Article "RiverWright or All Wrong ?"
R &F
Feb 6
J. Einach- Comments -Prop. Ethanol Plant in So. Buffalo
R &F
Feb 20
C. Slater - RiverWright Project- Transcription of Spec. Mtg.
R &F
Feb 6
J. Golombek- Support for Special Police
R &F
Feb 6
J. Golombek - Benderson Project Article
R &F
Feb 6
J. Golombek- SmartCode Article
R &F
Jan 23
"Gun Intercept Programs" to Seize Illegal Guns (Pol)
R &F
Dec 26
A. Garcia -Req to Expand Comm. Access Advisory
53
Jan 23
Board( 473,7/25)
R &F
Oct 3
R. Fontana - Humane Soc. Of US- "Circus Myths" & Related
Avenue & Durant Street
Materials
R &F
No 54
No 31
No 34
No 55
No 37
No 35
109 -29. No 36
110 -30. Com 23
111 -31. Res 89
112 -32. No 51
113 -33. Res
112
Dec 12
Banning Cosmetic Dental Procedures Done Outside Licensed
WATERFRONT
122 -42.
Com 8
Oct 31
Medical Facilities in the COB
R &F
114 -34. No
34
Jan 9
S. Radford- Millions More Movement -Req. Res. Banning Use of
WATERFRONT
124 -44.
Com 14
Nov 14
Hydrogenated Oils in Rests.
R &F
115 -35. Res
98
Jan 23
Citywide Ban of Trans Fat
R &F
116 -36. No
53
Jan 23
R. Fontana -J. Eddy - Triangle Block Club -Req. Stop Signs -Good
Avenue & Durant Street
R &F
COMMUNITY DEVELOPMENT
117 -37. Com12
Mar 6
Results Neg. -59 Bardol (Masten) (Strat.Plan.)
APP
118 -38. Res
173
Mar 6
Supp. For Expanding Downtown Erie Comm. College (ECC) Campus
(1s'& 2 d Res. Only)
ADOPT
119 -39. No
30
Feb 6
D. Bonifacio -C. Schumer -Press Release - "Resolve Issues...
Shared Border Management
R &F
120 -40. No
50
Feb 20
M. Kearns - Buffalo News Article- Hickory Woods WATERFRONT
121 -41. No
56
Oct 3
M. Kearns - Hickory Wood Questionnaire- 4/10/06 (Exc. Pg. 18 &
19)
WATERFRONT
122 -42.
Com 8
Oct 31
Hickory Woods (Strat. Plan.)
WATERFRONT
123 -43.
Com 9
Feb 6
Steelfields Ltd. - Inspection of Records ( Compt)
WATERFRONT
124 -44.
Com 14
Nov 14
Letter to Steelfields Ltd. -Value Protection Plan- Hickory Woods
WATERFRONT
125 -45.
Res 119
Oct 31
Asking City Compt. Formally Req. in Writing -Opp. To
Inspect /Copy Books /Records of Steelfields, Ltd. Pertaining to
Value Prot. Plan- Hickory Woods (Exc. 1st
Res)
WATERFRONT
SPECIAL COMMITTEES
WATERFRONT DEVELOPMENT
126 -46. No 90
Mar 6
Family Attractions at Erie Canal Harbor ( #90,2/20) (Exc. 1s'&
2" d Res.)
ADOPT
127 -47. No 41
Feb 6
D. Locey - NYSDEC - Const. -Bflo. Outer Harbor Greenbelt /Shoreline
Impr. Proj.
R &F
128 -48. No 39
Feb 20
L. Beahan- Sierra Club -Req. COB Be Made A Participant in the
Niagara River Greenway Plan
R &F
129 -49. Com 9
Mar 6
Niagara River Greenway Plan (Strat. Plan.)
R &F
130 -50. No 41
Dec 26
M. Kearns -News Article "Buffalo Demands Changes in Greenway"
R &F
131 -51. No 81
July 25
M. Kearns -M. Wooster -Bflo. Niagara Riverkeeper to Serve on
Greenway Fund Committee
R &F
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, MARCH 20, 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 March 6, 2007
were approved.
FROM THE MAYOR
NO. 1
APPOINTMENT - BUFFALO SEWER AUTHORITY BOARD
Pursuant to Chapter 349; Public Authority Law title 5, Article 7, Section 1400 -1420, 1 hereby appoint John E. Kennedy, Jr.,
680 McKinley Parkway, Buffalo, NY 14220 to serve on the Buffalo Sewer Authority Board for a 3 year term commencing
immediately and expiring June 30, 2009.
Mr. Kennedy is the owner and operator of Signature Custom Picture Frame. His resume is attached for your further
review.
I hereby certify that the above named individual is fully qualified to serve as a member of the Buffalo Sewer Authority
Board.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIRECTOR OF COLLECTIONS
NO. 2
APPOINTMENT - CHAIRMAN - BUFFALO WATER BOARD
Pursuant to Section 1048 -F; Article 5, Title 2B of the New York State Public Authority Law, I hereby appoint Joseph N.
Giambra, 96 Huntley Road, Buffalo, NY 14216 as Chairman of the Buffalo Water Board for a 2 year term commencing
immediately and expiring December 31, 2008.
Joseph Giambra served as the Commissioner of Public Works, Parks and Streets from 1994 until his recent retirement in
December 2006. He was responsible for the operation of the divisions of Engineering, Buildings, Water,
Telecommunications, Snow Removal and Street Clearing, Solid Waste Collection and Disposal, and Parks. Prior to that
he served in a variety of capacities within the Department of Public Works since 1977.
Joseph Giambra holds a Bachelor of Science Degree in Business Management from Canisius College. His resume is
attached for your review.
I hereby certify that the above named individual is fully qualified to serve as a member of the Buffalo Water Board.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIRECTOR OF COLLECTIONS
NO. 3
APPOINTMENT - EXAMINING BOARD OF PLUMBERS
Pursuant to Article 40 -A, Section 311 of the Charter of the City of Buffalo, I hereby appoint Lenny L. Johnson, 1478 East
Delavan Avenue, Buffalo, NY 14215 to serve on the Examining Board of Plumbers for a three year term commencing
immediately and expiring December 31, 2009.
Lenny L. Johnson is currently the President of L & D Johnson Plumbing & Heating, Inc., a business he has operated since
1999. Mr. Johnson is a licensed Master Plumber, a certified New York State Journeyman and member of the Western
New York Plumbers, Mechanical, Heating, Cooling and Contractors Association.
I hereby certify that the above named individual is fully qualified to serve as a member of the Examining Board of
Plumbers.
RECEIVED AND FILED
NO. 4
REAPPOINTMENT - BUFFALO SEWER AUTHORITY BOARD
Pursuant to Article 1777 of the Public Authorities Law, I hereby reappoint John D. Kennedy, 27 Arundel Road, Buffalo, NY
14216 to serve on the Buffalo Sewer Authority Board for a term commencing immediately and expiring June 30, 2009.
1 hereby certify that the above named individual is fully qualified to serve as a member of the Buffalo Sewer Authority
Board.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIRECTOR OF COLLECTIONS
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 5
AMENDMENT TO EMPIRE ZONE LOCAL LAW
PART I OF AN EAF FOR LUMINESCENT SYSTEMS INC.
PART 1 OF AN EAF FOR MULTISORB TECHNOLOGIES, INC.
Please be advised that the Empire Zone Program is being granted to three Regionally Significant Projects as defined by
GML 957(d) (i). The three projects are Citigroup, Inc., Luminescent Systems, Inc. and Multisorb Technologies, Inc.
Additionally, Environmental Assessment Forms for Luminescent Systems, Inc. and Multisorb Technologies are included to
comply with State Environmental Quality Review Act (SEAR) requirements.
RECEIVED AND FILED
NO. 6
PART 2 & NEGATIVE DECLARATION OF AN EAF FOR LUMINESCENT
SYSTEMS INC.
PART 2 & NEGATIVE DECLARATION OF AN EAF FOR MULTISORB TECHNOLOGIES, INC.
Part 2 of the Environmental Assessment Forms and the Negative Declarations for Luminescent Systems, Inc. and
Multisorb Technologies are included to comply with State Environmental Quality Review Act (SEAR) requirements.
ADOPTED
NO. 7
AUDITED FINANCIALS FOR THE BUFFALO ECONOMIC RENAISSANCE CORPORATION
(BERC), 2005
Please accept the attached document as a response to Councilmember Brian Davis' request for the audited financial
statements (Year 2005), for the Buffalo Economic Renaissance Corporation (BERC).
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 8
REQUEST FOR INFORMATION - BNRC
As per your request, I am forwarding to you the Annual Financial Statements and annual Single Audit Reports for the
Buffalo Neighborhood Revitalization Corporation for the years ending June 30, 2003 and 2006.
If you have any questions, please feel free to call me at 851 -5654.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 9
REQUEST FOR STATE EFFECIENCY GRANT MONIES
I wanted to inform you that I have submitted to the Buffalo Fiscal Stability Authority (BFSA) the City of Buffalo's request for
state Efficiency Grant monies (see attached).
I expect that this request will be on tomorrow's BFSA agenda and I am confident the City will receive the Authority's
approval for this critically important funding.
REFERRED TO THE COMMITTEE ON BUDGET
FROM THE COMPTROLLER
NO. 10
BUFFALO MUNICIPAL WATER FINANCE AUTHORITY
BASIC FINANCIAL STATEMENTS AND REQUIRED
SUPPLEMENTARY INFORMATION AS OF AND FOR THE
YEAR ENDED JUNE 30, 2006
This is to advise that copies of the Audited Financial Statements and Other Financial Information of the Buffalo Water
Finance Authority for the year ended June 30, 2006, and Report of Independent Auditors, Deloitte & Touche, LLP, have
been distributed to members of the Buffalo Water Board, the Buffalo Fiscal Stability Authority, the City Clerk, the Mayor,
the Comptroller, the Division of Accounting and the Budget Office.
This report is available as a public record for inspection by all interested parties.
Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion,
prepare a written response to the report of external audit and file such response with the City Clerk as a public record for
inspection by all interested persons.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 11
BUFFALO WATER BOARD
BASIC FINANCIAL STATEMENTS AND REQUIRED
SUPPLEMENTARY INFORMATION AS OF AND FOR THE
YEAR ENDED JUNE 30, 2006
This is to advise that copies of the Audited Financial Statements and Other Financial Information of the Buffalo Water
Board for the year ended June 30, 2007, and Report of Independent Auditors, Deloitte & Touche, LLP, have been
distributed to members of the Buffalo Water Board, the Buffalo Fiscal Stability Authority, the City Clerk, the Mayor, the
Comptroller, the Division of Accounting and the Budget Office.
This report is available as a public record for inspection by all interested parties.
Pursuant to Section 35 of the General Municipal Law, the Common Council of the City of Buffalo may, at its discretion,
prepare a written response to the report of external audit and file such response with the City Clerk as a public record for
inspection by all interested persons.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 12
USING SURPLUS FOR RESIDENTIAL
DEMOLITIONS
ITEM #95, C.C.P. DECEMBER 26, 2006
This response is in reference to the Council's desire to front monies from the City's undesignated, unreserved fund
balance at 6130106 of $56,187,784 to cover the cost of demolitions prior to the receipt of proposed New York State
allocations for city and privately owned demolitions. Once a signed grant agreement is received, the Administration could
request an interfund loan for costs allowed by the grant to be repaid when funds are received. If there is not a signed
grant agreement, the Administration could process an increased appropriations using fund balance. The receipt of grant
funds would be recorded as a revenue when received thus making the fund whole once reimbursements are received
from the granting agency. As such, we will await direction from the Administration on this matter.
REFERRED TO THE COMMITTEEON FINANCE.
NO. 13
CERTIFICATE OF APPOINTMENT
Appointment effective February 16, 2007 in the Department of Audit and Control Division of Audit to the position of
Principal Accountant, Contingent Permanent at the Maximum Salary of $56,164
Albert Renzoni, 20 Brost Drive, Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 14
CERTIFICATE OF APPOINTMENT
Appointment effective February 16, 2007 in the Department of Audit and Control Division of Audit to the position of
Principal Auditor, Contingent Permanent at the Intermediate Salary of $51,824
Mark D. Bidell, 39 Janet, Buffalo, NY 14215
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No. 15
CERTIFICATE OF APPOINTMENT
Appointment effective February 16, 2007 in the Department of Audit and Control Division of Audit to the position of Senior
Auditor, Provisional at the Intermediate Salary of $40,328
Monica Emminger, 4 Delsan Ct, Buffalo, NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS
NO. 16
CERTIFICATE OF APPOINTMENT
Appointment effective march 12, 2007 in the Department of MIS to the position of Sr. Data Processing Equipment
Operator, Provisional Appointment at the Intermediate starting salary of $31,609
Richele, Edwards, 70 Manhart Street, Buffalo, NY 14215
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 17
CERTIFICATE OF APPOINTMENT
Appointment effective march 12, 2007 in the Department of MIS to the position of System Support Specialist, Temporary
Appointment at the Intermediate starting salary of $49,326
Kenneth Sprague, 154 Heath, Buffalo, NY 14214
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
NO. 18
REPORT OF BIDS
CITY HALL (DISTRICT HEAT)
STEAM LINE REPLACEMENT
JOB #0709
ELLICOTT DISTRICT
I advertised for on February 14, 2007 and received the following formal sealed bids for City Hall (District Heat), Steam
Line Replacement, on March 7, 2007.
Base Bid
Colgate Heating Corp. $99,999.00
142 Colgate, Buffalo, NY
J. W. Danforth Co. $204,000.00
300 Colvin, Tonawanda, NY
R P Mechanical NO BID
D V Brown & Associates NO BID
I hereby certify that the foregoing is a true and correct statement of all bids received and that Colgate Heating Corp., with
a Base Bid of Ninety Nine Thousand Nine Hundred Ninety Nine and 00/100 Dollars ($99,999.00), is the lowest
responsible bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work
on the basis of the low bid. Funds for this project are available in 39320806 445100- Division of Buildings.
Mr. Bonifacio moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated March 14, 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
City Hall (District Heat) - Steam Line Replacement Job #0709, to Colgate Heating Corp., the lowest responsible bidder, in
the amount of $99,999.00. Funds for the project are available in 39320806 445100 - Division of Buildings.
PASSED
AYES - 9 NOES -0
NO. 19
REPORT OF BIDS;
REMOVAL OF DANGEROUS LEANERS &
HANGERS ON CITY OWNED TREES.
CITYWIDE - GROUP #670
This is to advise Your Honorable Body that I have advertised and received public bids on March 14, 2007 for the Post
Storm Removal of Dangerous Leaners & Hangers on City Owned Lots, Group 670.
In obtaining bids for the above project, I have requested bids on a unit price basis covering the various items of work and
materials, which will be performed. The final cost of the work will be based on the actual measured quantities of material
entering into the work and may be either more or less than the total bid. The Following bids were received:
CONTRACTOR BASE BID
Scott Lawn Yard $422,500.00
5552 Townline Road
Sanborn, NY 14132
Dreamco Development Corp. $485,500.00
100 Stradtman Street
Cheektowaga, NY 14206
Terry Tree Service, LLC $520,000.00
225 Ballentye Road
Rochester, NY 14623
Titan Development, Inc $536,250.00
8534 Seaman Road
Gasport, NY 14067
Destro & Brothers $650,000.00
411 Ludington Street
Buffalo, NY 14206
North American Construction Co., Inc $650,000.00
1417 Alleghany Road
Attica, NY 14011
Mark's Tree & Landscaping, Inc. $712,500.00
P.O. Box 65
Fairport, NY 14450
1 hereby certify that the lowest responsible bidder for the above project is Scott Lawn Yard, Inc. with a base bid amount of
$422,500.00. The Engineers estimate for this work is $625,000.00 and funds will be available in a future FEMA
emergency account.
I respectfully recommend that Your Honorable Body authorize a contract award Scott Lawn Yard, Inc. in accordance with
their low bid on March 14, 2007 in the amount of $422,500.00. This award and execution of the contract are contingent
upon the contractor complying with the City's recently approved Apprentice Program and MBEM/BE sub - contractor goals.
Mr. Bonifacio moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated March 14, 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
Removal of Dangerous Leaners & Hangers on City Owned Trees - Citywide Group #670, to Scott Lawn Yard, Inc., the
lowest responsible bidder, in the amount of $422,500.00. Funds for the project are available in a future FEMA emergency
account.
PASSED
AYES - 9 NOES -0
NO. 20
CHANGE IN CONTRACT
FRIENDS TO THE ELDERLY
FLOORING REPLACEMENT
JOB #0518
MASTEN DISTRICT
I hereby submit to Your Honorable Body the following changes for Friends to the Elderly, Flooring Replacement, Heritage
Flooring, C #92011102.
1. Deduct for not purchasing radial rubber tile as specified
in CO #2. Deduct $1,204.00 $1,204.00
2. Deduct for not installing V.C.T. in lobby. Deduct $ 431.00
The foregoing change results in a net decrease in the contract of One Thousand Six Hundred Thirty Five and 00/100
Dollars (- $1,635.00).
Summary: Current Contract Amount $41,829.88
Amount of This Change Order ( #3) Deduct $1,635.00
Revised Contract Amount $40,194.88
Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable.
Funds for this work are to be credited to 30338106 445100 - Division of Buildings.
Mr. Bonifacio moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated March 2, 2007,
be received and filed; and
That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order
No. 3, to Heritage Flooring, a decrease in the amount of $1,635.00, as more fully described in the above communication,
for work relating to Job No. 0518, Friends to the Elderly Floor Replacement, C #92011102. Funds for this project are to be
credited to 30338106 445100 - Division of Buildings.
PASSED
AYES - 9 NOES -0
NO. 21
PERMISSION TO NEGOTIATE /ACQUIRE
RIGHT OF WAY PARCELS
BABCOCK STREET BRIDGE REPLACEMENT
FHWA/NYSDOT PIN # 5756.67
LOVEJOY DISTRICT
Permission is requested from your Honorable Body to authorize the Commissioner of Public Works, Parks end Streets to
negotiate and acquire right of way parcels mandated by engineering design in regard to the subject project. Design and
right of way acquisition phases of this project were approved by FHWA /NYSDOT on March 2, 2007. There are (7) right of
way acquisitions required and all legal descriptions, maps, appraisals and appraisal reviews are being prepared by our
project consultant Clough Harbour for the following parcels:
Property Address Property Owners Square Footage
397 Babcock St. Paul J. Fegercal 3,712 sq ft
331 Babcock St. Vernon C. Lemcke 3,104 sq ft
297 Babcock St. South Division Property, Inc. 6,494 sq ft
282 Babcock St. Boys and Girls Club of Buffalo, Inc. 12,609 sq ft
1070 Seneca St. 1070 Seneca Street Inc. 5,987 sq ft
370 Babcock St. Donald J. Braasch Construction Inc 16,939 sq ft
345 Babcock St. Torah Termimah School 3,625 Sq Ft
Total costs for this project including design, bidding, contract administration, inspection and right of way acquisition are
estimated at $7.25 million dollars. These costs are 95% reimbursed by the FHWA /NYSDOT and mandated right of way
acquisition are not expected to exceed $100,000.00. Funds for this purpose in a Capital Project Account specifically for
this project and bidding is anticipated late summer 2007.
Mr. Bonifacio moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated March 12, 2007,
be received and filed; and
That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to negotiate and
acquire right of way parcels mandated by engineering design in regard to Babcock Street Bridge Replacement
FHWA /NYSDOT PIN #5756.67. Funds for the project are available in Capital Project Account specifically for this project
and bidding is anticipated later summer 2007.
PASSED
AYES — 9 NOES — 0
NO. 22
South Park Avenue Lift Bridge
Structural Repairs
A recent inspection of the South Park Avenue Lift Bridge by the New York State Department of Transportation revealed
two cracked structural deck angles on the bridge. Due to the scope and magnitude of the necessary repairs our
department took emergency bids for the repair work on a lump sum basis.
The following bids were received:
Oakgrove Construction $20,000.00
6900 Seneca St.
Elma, NY 14059
Hohl Industrial $34,183.00
770 Riverview Blvd.
Tonawanda, NY 14150
Funds for this work are available in the Capital Project Account #30032106 and I am hereby requesting Your Honorable
Body's permission to award the project to Oakgrove Construction as set forth above.
Mr. Bonifacio moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated March 14, 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
the South Park Avenue Lift Bridge Structural Repairs, to Oakgrove Construction, in the amount of $20,000.00. Funds for
the project are available in the Capital Project Account #30032106.
PASSED
AYES — 9 NOES — 0
NO. 23
Time Warner Franchise Agreement
Be advised that Time Warner Cable (TWC) is currently operating under a franchise agreement extension, which expires
on June 30, 2007. The City of Buffalo is still awaiting a formal response from Time Warner Cable in regard to the draft
proposal recently submitted by the City to TWC. Mr. Gordon Harp, the Buffalo Division President, has stated that TWC
was waiting to see a Federal Communications Commission order regarding requirements for telephone companies
seeking to obtain local cable franchises before responding. Now that the order has been issued, Mr. Harp expects that the
City should receive Time Warner's response by the end of the month.
RECEIVED AND FILED
a :IQ LVi& I :I =11115K6Lrihril IQ 0 1 14:ZO101e14 191:4
No. 24
Certificate of Appointment
Appointment Effective 01/15/2007 in the Department of Police Division of Detective to the Position of Detective
Permanent Promotion at the Flat Starting Salary of $59,909 John Paradowski 149 Sprucewood Terrace Williamsville NY
14221
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 25
CERTIFICATE OF APPOINTMENT
Appointment Effective 03/05/2007 in the Department of Police Division of Commissioner's Office to the Position of Special
Asst to the Police Comm for Commun Permanent Exempt at the Flat Starting Salary of $55,000 Michael DeGeorge 271
Huntington Ave Buffalo NY 14214
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF FIRE
NO. 26
Leave of Absence
J GRAY
RETURN FROM MILITARY
Be advised that Firefighter Jeffrey Gray has returned from his unpaid Military Leave of Absence effective March 4, 2007.
RECEIVED AND FILED
NO. 27
CERTIFICATE OF APPOINTMENT
Appointment Effective 12/21/2006 in the Department of Fire Division of Fire Communication to the Position of
Communication Specialist Temporary Appointment at the Maximum Starting Salary of $33,392 Ronald Breier 19 Milford
Buffalo NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 28
CERTIFICATE OF APPOINTMENT
Appointment Effective 12/21/2006 in the Department of Fire Division of Fire Communication to the Position of
Communication Technician Provisional Appointment at the Maximum Starting Salary of $35,381 Thomas Lester 40
Elmview Ave Buffalo, NY 14207
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 29
CLAIM REQUEST
At the request of Councilmember Fontana at the most recent claims meeting, we submit the claim of William and Carol
Bryant of 87 Newburgh Avenue in the amount of $650.00 to Your Honorable Body for consideration. This claim is related
to the replacement costs of a privately owned tree, which was allegedly inadvertently removed by a City contractor last
July.
The Law Department has investigated this matter and deems this to be a valid claim.
Mr. Bonifacio moved:
That the above communication from the Corporation Counsel dated March 14, 2007, be received and filed; and
That the claim of William and Carol Bryant of 87 Newburgh Avenue in the amount of $650.00 for replacement costs of a
privately owned tree, which was allegedly inadvertently removed by a City contractor last July, be and hereby is approved.
Passed.
AYES — 9 NOES — 0
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT &
INSPECTION SERVICES
NO. 30
Amendment to City of Buffalo Ordinance Chapter 316 -44
Since the origin of the Downtown Vending District sites D21, D22 and D25 have been designated as "Daily" sites. This
simply means that any vendor who has a yearly site through Buffalo Place has the opportunity, when events arises
downtown, to apply for a daily permit on a first come first serve basis. In the past, the Office of Licenses has had no
problem issuing these daily sites as stated. However, with the continuing success of the Buffalo Sabres and more notable
events at the HSBC Arena these sites have become much more popular. Vendors are now lining up outside the Office of
Licenses as early as 5:30 in the morning to get one of these sites. After careful review of the situation and a meeting with
Buffalo Place it was decided to change sites D21, D22 and D 25 from a "Daily" sites to E21, E22 and E 25 "Exempt' sites.
These sites will then be allocated through a lottery system the same way all Annual Vending Permits sites are allocated.
In order make this change the following City of Buffalo Ordinance Amendment Chapter 316 -44 is required:
D. Thereafter, Sites D21, D22 and D25 shall be known as E21, E22 and E25, Exempt Annual Sites. The Supervisor of
Licenses shall, upon notice to the eligible applicants, award a license for sites E21, E22 and E25 upon the basis of a
lottery, to be held each year in the office of the Supervisor of Licenses. A vendor may not be granted more than one of the
Exempt Site Licenses unless there are fewer then three vendors who applied for the Exempt Site License. The granting of
an Exempt Site License to a vendor will not reduce the number of license that they may otherwise qualify for under §316-
44 (c). All eligible applicants shall be notified of the date and time of the lottery and shall be given an opportunity to attend.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL
NO. 31
Food Store License
2999 Bailey (University)
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 2999 Bailey (Bailey Market) 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 yon deem appropriate.
Mr Bonifacio Moved That the Commission of EOPIS is hereby authorized to issue a food store license to TIET NGUYEN
at 2999 Bailey
PASSED
AYES — 9 NOES - 0
No. 32
Food Store License
535 Broadway (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 535 Broadway (Broadway Mini Mart & Takeout) and find that as to form is
correct. I have caused an investigation into the premises for which said application for a food store license is being sought
and according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department
and Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your
approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
No. 33
Food Store License
380 Connecticut (Niagara)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Food Store License located at 380 Connecticut (The Corner Store) and find that as to form is correct. I
have caused an Investigation into the premises for which said application for a food store license is being sought and
according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and
Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your
approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 34
Food Store License
1266 Genesee (Masten)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Food Store License located at 1266 Genesee (Universal Market) and fend that as to form is correct. I
have caused an investigation into the premises for which said application for a food store license is being sought and
according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and
Collections Office I find it complies with all regulations and other applicable laws. This request is submitted for your
approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 35
Food Store License
170 Hampshire (Niagara)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Food Store License located at 170 Hampshire St. (Hampshire Express) 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 25, 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 Mohamed Fawaz, located at 170 Hampshire.
PASSED
AYES — 9 NOES — 0
NO. 36
Food Store License
896 Niagara (Niagara)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Food Store License located at 896 Niagara (Zip's Food & Beverage Shop) 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 find it complies with all regulations and other applicable laws. This request is submitted for your
approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 37
Letter to Buffalo Preservation Board From Commissioner Tobe
I am writing to advise you of the outcome of Georaiadis v McGurn, to provide you with my views on its significance, and to
advise you of what I believe should be the future role of the Buffalo Preservation Board regarding applications for
demolition permits for properties that are not landmarked or located in a preservation district. I look forward to hearing
your thoughts and plans on how to best move forward.
The following events summarize what occurred with regard to the property at 1089 Elmwood Ave or "Atwater House" that
led to the Georgiadis v McGurn decision:
.September 10. 2004- After conducting a "due diligence" process in City Hall prior to purchasing the building, Pano
Georgiadis ( "Pano ") applied for a demolition permit in the Department of Permits and Inspections. The application was
referred to the Preservation Board as required by Chapter 103 -6(H).
September 23, 2004 -The demolition permit was discussed by the Preservation Board.
September 30, 2004- The Preservation Board conducted a site inspection.
October 21 2004- The Preservation Board conducted a public hearing.
October 22, 2004- The Preservation Board sent a letter to Commissioner Ray McGurn that contained a "non- binding
recommendation" that the building not be demolished. The letter stated that the recommendation was not binding
because the building was not in a preservation district and was not a locally designated landmark. The letter stated, "By
virtue of its unique architecture and representative history of Buffalo, the Atwater House at 1089 Elmwood Avenue
warrants preservation. Most importantly, demolition should not be allowed to occur in order to preserve the urban fabric of
the Elmwood neighborhood. The streetscape is pedestrian friendly, offers the opportunity to stroll and discover the
unexpected within the City. Its (sic) is the antidote to the suburban chaos that is Transit Road. The elimination of the
physical evidence of what we were as a community will forever change the fabric and spirit of the neighborhood. Let
Elmwood be Elmwood- unique and not mimic the suburbs.
October 26, 2004- The Buffalo Common Council passed a resolution stating it is opposed to the demolition.
November 1 and November 19, 2005- Mayor Masiello met with Pano. Mayor Masiello is opposed to demolition.
December 15, 2004- Commissioner McGurn rejects the demolition permit request stating that "the City requires a more
definitive plan and site plan review prior to the issuance of the ... permit.
January 2005- Pano sues the City.
July 7, 2005- Ruling by State Supreme Court Justice Penny Wolfgang in which she found that the City's decision to deny
the demolition permit was "...arbitrary, capricious and an abuse of discretion.... The Commissioner did not follow the
provisions of the City Code when he sought to require the submission of a plan to reuse the structure and further site
plans .... He has essentially rejected the permit for no other reason than the Petitioner (Pano) failed to provide a site plan
for the reuse of the structure. Since the structure is to be demolished there can be no need to provide plans for its reuse.
The Petitioner's application states that the property is to be maintained as a vacant lot which is a lawful use of the
property. While the petitioner may have spoken of the future plans for the Pano's Restaurant before the Preservation
Board ... his application for a demolition permit stands on its own. It must be approved or disapproved according to the City
Code."
The Court ordered "the Commissioner to grant the Petitioner's application for a demolition permit for the building at 1089
Elmwood Avenue forthwith. " ill
July 8, 2005- Mayor Masiello appealed the decision.
July 15, 2005 -Judge Wolfgang signed the Order and Judgment in which it is Ordered, Adjudged and Decreed that the
application of the Petitioner is hereby granted and Respondent Raymond K. McGurn is hereby ordered and directed to
forthwith grant the Petitioner's application for a demolition permit for the building at 1089 Elmwood Avenue, Buffalo, New
York....
2006 - Commissioner Tobe held meetings with Pano and other parties to determine if a non - judicial solution could be
achieved' This was not successful.
February 2, 2007 - City's appeal denied by the Appellate Division. "It is ORDERED that the judgment so appealed from be
and the same is hereby unanimously affirmed without costs for the reasons stated in the decision at Supreme Court. "
February 7, 2007- The City issued a demolition permit for 1089 Elmwood Avenue.
February 7, 2007- Commencing on this date the property is demolished.
Significance of Decision
The Court has made clear that in circumstances like the Atwater house (i.e. no landmark status and not in a preservation
district), the property owner's future plans for a property are not relevant to a decision to grant or deny a demolition permit.
If the use is lawful, the City cannot
deny a demolition permit for reason of stated future use alone. I believe however, if the Preservation Board and
Commissioner McGurn had focused on sound preservation issues (assuming such reasons existed for 1089 Elmwood
Ave.), rather than on future land use, the outcome in Court might have been different. Thus at trial, the record available to
the Court did not contain a documented, well articulated, factual preservation related reason for the City's denial of the
demolition permit.
In my opinion, the City failed to focus upon, document and justify in detail on the record the preservation related aspects
of the property at 1089 Elmwood Avenue as it was moving towards its decision. The Preservation Board letter of October
22, 2004 did not provide any details about the historic or architectural significance of 1089 Elmwood. It rather
focused upon urban design issues in a very general way. Protecting the "pedestrian friendly" aspect of Elmwood
Avenue can be and is a matter for the Planning Board when and if a new building project is proposed.
If the Preservation Board had provided Commissioner McGurn a detailed letter stating the structure's age, style, condition,
significance and other similar preservation matters and had provided an opinion that the building was eligible for being
placed on a local, state or federal landmark, Commissioner McGurn might have had a lawful basis for denying the permit.
It might also be relevant if the Preservation Board determined that the area in which the structure is located was eligible to
be designated a preservation district. Such information would have been subject to normal Article 78 arbitrary or
capricious legal standard giving the City's attorneys a far better argument than was available to them. If the City's decision
had been based upon a record that provided a rational basis or justification to deny a demolition permit, the judicial review
might have sustained the decision to deny the demolition permit.
Going Forward
1. Referral of Demolition Permits to Preservation Board - Section 103 -6(H) requires that with certain exceptions,
every non - emergency application for a demolition, partial demolition or asbestos removal permit be forwarded
by the Commissioner of Economic Development Permit and Inspection Services to the Office of Strategic
Planning and the Preservation Board for review. This section requires certain information and two photographs
of each building on the subject property and two photographs of all buildings on each adjacent parcel.
As required by the City ordinances, I will of course continue this process.
2. Demolition Request Timetable- In instances in which the subject property is not within a preservation district
and is not locally Iandmarked, the Office of Strategic Planning /Preservation Board has thirty days to consider
such application for a demolition permit.
I request that the Preservation Board continue the process by which it reviews applications for demolition
permits. If I do not hear from the Preservation Board within 30 days, or if the item is received and filed without a
recommendation for the denial of a demolition permit, I will consider that I am free to issue the demolition
permit.
3. Preservation Board Demolition Request Denial Process- In the opinion of the Preservation Board, the
building is eligible for being designated as a local, state or federal landmark or that the area in which the
structure is located is eligible for designation as a preservation district, including a detailed explanation of the
reasons that the property is eligible for landmark designation or the area is eligible for inclusion in a
preservation district. The Preservation Board should also provide any inventory work that has already been
conducted on the property or district, and a timeline indicating when the landmark or district designation process
would be completed.
I read Section 103 -6(H) as requesting the Preservation Board to provide the Commissioner with information to
assist in his (or her) decision to grant or deny a demolition permit. In order to give meaning to this Section of the
Code, one must assume that in certain cases the information from the Preservation Board may be significant
enough to justify a denial of a demolition permit.
Therefore, should I receive a communication from the Preservation Board that indicates that a demolition permit
should not be granted, I would consider the reasons for the recommended denial in light of all other factors that
affect the property. The stronger the Preservation Board's letter, the more detailed the preservation related
issues, the stronger the factual basis and the more significant the reasons, the greater weight it will have in my
review of the factors.
Of course, a building that is designated as a local, state or federal landmark or that is in preservation district has
far greater protection from demolition. I therefore request that if the Preservation Board determines that a
building that is not a local landmark and is not in a preservation district not be demolished, the Board include the
reason or reasons that the building was not
previously designated as a local landmark or the area has not previously been designated as a preservation
district.
4. Future Property Use Inquiries by Preservation Board- The case of Georgiadis v McGurn makes it clear that the
Commissioner of Economic Development Permit and Inspection Services, the Office of Strategic Planning and
the Preservation Board may not inquire into the future use of the land if a demolition occurs. This probably also
applies to the Common Council when it is involved in a demolition decision. It appears that the only permitted
question regarding future use is if the proposed future use is legal under the City of Buffalo Code.
I request that the Preservation Board refrain from inquiring into the proposed or planned future use of a property
where a demolition is proposed The Preservation Board may inquire about the history of the structure, its
construction details, and other similar matters that will allow it to determine the significance of a structure. You
can ask for information and expect reasonable cooperation from a property owner.
I request that these types of information requests only be made where there is a basis to do so. It is unfair,
unnecessary, and not supported by the law to request every property owner who seeks a demolition permit to
supply detailed information about his or her property.
Although failure to cooperate with an information request of this type may not be a sufficient factor when
standing alone to deny a demolition permit, it could be a factor when coupled with other issues, including
preservation issues, to deny a demolition permit. If property owners do not cooperate, please advise me as soon
as possible.
Please refrain from placing the demolition contractor, who is generally not aware of these types of details, in a
position of having to reply to information requests that, if known at all, are known by the property owner. If the
Preservation Board has information about a structure that comes from its own sources, please be sure to provide
this information to the property owner and give him or her an opportunity to comment.
5. Special, Non - Preservation Districts- In certain cases, such as the Elmwood Avenue Business District, the
Common Council is involved in the decision to grant (or not to grant) a nonemergency demolition permit. This
ordinance was passed after the litigation commenced in this matter and was not considered by the courts.
In cases where Common Council approval is required, if I believe a demolition permit should be granted, I will
forward your recommendations, if any, plus my own recommendation and justification to the Council for its
review and action.
I would be pleased to discuss the issues contained in this letter with the Preservation Board at a mutually agreeable time.
RECEIVED AND FILED
a :IQ ri11119:I=115d11 WLd44NN
NO. 46
J. HARVEY -HAZ. CONDITION ON MAIN ST.
CCP #66 -MARCH 6, 2007
On February 20, 2007 the City Clerk's Office received a hazardous condition notice regarding a property at 2574 & 2578
Main Street. The City Clerk's Office filed the hazardous condition in its office and forwarded it on to Corporation Counsel
and the Department of Economic Development, Permit & Inspection Services for their attention. Attached please find
copies of the communications sent as well as the reply received on March 6, 2007 from the department.
RECEIVED AND FILED.
NO. 47
AUTO ALLOWANCE
I transmit herewith certificates of auto allowance submitted for the following individuals in the various departments listed
below:
Fire - Captain Mark Morganti
RECEIVED AND FILED.
NO. 48
LEAVES OF ABSENCE WITHOUT PAY
I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various
departments as listed:
Public Works, Streets & Parks -P. Kelly, S. Beu, Sr.
Police -D. Donovan, T. Mayes
Fire -C. Moore
Community Services -Betty Jean Grant
Management Information Services -K. Sprague, M. Rivera
RECEIVED AND FILED.
NO. 49
REPORTS OF ATTENDANCE
I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities
reporting the membership attendance at their respective meetings:
Buffalo Sewer Authority- 3/14/07
RECEIVED AND FILED.
NO. 50
APPOINTMENTS - MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT
I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs.
RECEIVED AND FILED.
Appointment Effective March 19, 2007 in the Executive Department, Division of Mayor, to the position of Intern VI,
Seasonal, Non - Competitive, at the flat starting salary of $10.00 /hr.
Heather A. Leaderstorf 388 Maryland Street Buffalo, NY 14201
NO. 51
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 POLICE
Appointment Effective February 12, 2007 in the Department of Police, to the position of Crossing Guard, Temporary, Non -
Competitive, at the minimum starting salary of $7.09 /hr.
Cynthia Young 25 Tremont Place Buffalo, NY 14213
Barbara Benton 102 C Cornwall Buffalo, NY 14215
Florence Davis 62 Woltz Avenue Buffalo, NY 14212
Pamela Y. Clark 484 Highgate Ave. Buffalo, NY 14215
Julie LoPiccolo 273 St. Lawrence Avenue Buffalo, NY 14216
DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS
Appointment Effective March 6, 2007 in the Department of Public Works, Parks & Streets, Division of Buildings, to the
position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $10.25/hr.
Charles A. Kulp 1015 Abbott Road Buffalo, NY 142210
Appointment Effective March 6, 2007 in the Department of Public Works, Parks & Streets, Division of Streets, to the
position of Truck Driver, Permanent, at the Minimum Starting Salary of $27,646.
William E. Price, Jr. 59 Gatchell Street Buffalo, NY 14212
NO. 57
S. MEADOWS, ESQ
MONTHLY REPORTS 1/7 AND 2/7
Enclosed please find a copy of our Monthly Reports and Monthly Activity Report for January 2007 and February 2007.
If you have any questions, please feel free to call me at 853 -9555 Ext. 555, or Dorothy Lokey- Adams, at 853 -9555 Ext
453.
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 58
ZBA AGENDA
502 MINERAL SPRINGS ZONING REGS
Attached is ZBA Agenda for March 28th meeting.
The City of Buffalo boundary may be more than 500 feet from property located at 502 Mineral Springs Road ( #2007 -003),
but to be on the safe side, I'm sending this along pursuant to GML Section 239 -nn.
Pat DePasquale,
West Seneca Town Clerk «ZBA Agenda 03- 28- 07.doc>>
WEST SENECA ZONING BOARD OF APPEALS March 28, 2007 Meeting
AGENDA
Please take notice that the Zoning Board of Appeals of the Town of West Seneca will hold a public hearing on March 28,
2007 at 7:00 PM at the West Seneca Town Hall, 1250 Union Road to consider the following applications:
NEW BUSINESS:
2007 -003 Request of FRA Engineering for a variance for property located at 502 Mineral Springs Road for a reduction in
the required parking spaces and for a 140.5 sq ft pedestal sign 30 fl in height.
2007 -004 Request of Janice E. Dalbo, Winchester Community Church, for a variance for property located at 909 Harlem
Road to erect an oversized pedestal sign without sufficient ground clearance.
2007 -005 Request of Nuttos, 3807 Seneca Street, for a variance for property located at 3807 Seneca Street to erect a
sign 68 sq fl with message board.
2007- 007Request of James P. Sudyn for a variance for property located at 119 Bonerotl Drive to extend roof over existing
patio 6 ft into rear yard setback.
2007 -008 Request of Matthew & Wendy Steiner for a variance for property located at 665 Main Street to install fence on
elevated land 30 ft from road.
2007 -009 Request of Joseph & Daughn Quinlivan for a variance for property located at 45 Harwood Road to attach deck
to house and above ground pool.
2007 -010 Request of Louis A. Mustillo, Jr. for a variance for property located at 40 Harwood Road to erect above ground
pool attaching to existing deck.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 69
CONCERNS FORECLOSURE NOTIFICATIONS
Thank you for this opportunity to give my input regarding foreclosures in the city of Buffalo and the two Resolutions
concerned with this issue. Foreclosure and subsequent abandonment of houses has directly affected my neighborhood in
Black Rock. The cycle of foreclosure, abandonment, auction and flipping is mining whole streets. Once a house is no
longer occupied, it ushers in neglect, vandalism and crime. It also creates an environment of uneasiness so that people
living next to these vacant houses, move away.
After reading the two Resolutions I've got a few comments. The gathering of information has got to be better. It should not
be so easy for property owners to abandon their properties and disappear, leaving the neighborhood with an eyesore and
the city with a demolition bill. Foreclosure proceedings need to be resolved faster. In many areas, once a house is empty
it is vandalized if there is no sign of activity around it. Windows become smashed, vandals break in and steal copper
plumbing and anything else of value. Mortgage holders should register their information when filing for foreclosure and
indicate who is responsible for the property once they have left.
I'd like to see more people get help to hold onto their houses before it goes to foreclosure. The reality is, though, that
some people will still lose their house. I'd like the city to have a better plan than just auctioning off all of the vacant houses
to the highest bidder. The city foreclosure auction is the playground of the illegal house flipper. Perhaps a certain
percentage of the foreclosures could be offered to groups like the various Neighborhood Housing Services, PUSH Buffalo,
Heart of the City Neighborhoods, Inc for purchase and renovation. We should help these excellent organizations do what
they do best and offer the properties at a nominal cost. In the end, it would be better for the city, it saves itself the costs of
the eventual demolition of these buildings and it will have more taxpaying citizens in restored houses.
I'd like to see more homesteading sales happening. There are many young people who would have the energy and
inclination to restore a house if they
could purchase it for a dollar. This would help the lower income neighborhoods see more restorations, instead of that
happening in higher income markets only. There would have to be requirements for that sort of homesteading. Owners
would have to show that they have income to restore the house, and would have to live in the house for a period of time to
ensure that they aren't flipping the property. It would help get new people into tired neighborhoods. A percentage of the
foreclosures could be offered to Habitat for Humanity, also. I think that measures such as these could go a long way
towards rescuing houses and neighborhoods that have seen better days.
I am encouraged by the fact that the City Common Council is asking the community for input in these matters and are
looking for new ways of resolving the problem of vacant housing and foreclosures.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 60
REQ ASST IN UPDATING BFLO'S NATL FLLOD INSURANCE PROGRAM
This letter is to request your assistance in updating your community's National Flood Insurance Program (NFIP) maps,
dated August 23, 1999. The Department of Homeland Security's Federal Emergency Management Agency (FEMA) will be
updating your community's maps as part of the countywide study for Erie County that is currently being processed. The
maps will be printed in countywide format, which will include all flood hazard data for all incorporated communities in Erie
County on one set of maps.
In addition to the countywide mapping format change, the maps will be created using Geographic Information System
(GIS) technology. Once the maps are approved and finalized, they will be provided to your community not only in the
familiar hardcopy paper product but also in the format of FEMA's Digital Flood Insurance Rate Map (DFIRM) Database.
The DFIRM Database is the flagship product of FEMA's Multi- Hazard Flood Map Modernization program and is central to
the modernization effort to increase the usability of FEMA's flood risk data. The DFIRM Database offers several
advantages over the paper maps:
The data are provided on CDs, which are easier to manage;
Digital aerial photos are much sharper on screen than when printed on paper;
You can customize the map appearance;
You can easily find and zoom into your area(s) of interest;
You can easily estimate the Base Flood Elevation (BFE) in areas of detailed study (Zone
AE flood areas);
You can easily measure areas and distances on screen; and
You can overlay other GIS data with FEMA's DFIRM.
If your community already has a GIS, the DFIRM Database can be added to other GIS data you maintain. This will provide
the same benefits listed above plus many more powerful analytic capabilities.
The DFIRM Database includes the following standard features:
• An accurate digital base map;
• The features normally shown on a printed FIRM, e.g., flood boundaries, BFEs, cross - section locations, bench marks,
etc.;
• An electronic Flood Insurance Study (FIS) report and profiles; and
• Federal Geographic Data Committee - compliant metadata.
To ensure that the countywide FIS report and Flood Insurance Rate Map (FIRM) that we are preparing are as accurate as
possible, we ask that you provide us with any information that you believe will be helpful in the preparation of the FIS
report and FIRM. This information may include technical data, detailed topographic information reflecting revised 1 %
annualchance
(100 -year) floodplain boundaries, and /or a current community map showing corporate limits and streets.
Please send whatever information you have, within 30 days, to us at the following address:
Dewberry 8401 Arlington Boulevard Fairfax, Virginia 22031
ATTENTION: Jean Huang, P.E., CFM Federal Programs
If authority for the performance of duties related to this correspondence has been delegated to another official of the
community, please forward this document to him or her and advise us in writing as to whom future correspondence
regarding NFIP matters should be addressed.
If you have questions, please do not hesitate to contact Mr. Paul Weberg, P.E. Project Engineer in the Mitigation Division
of FEMA's Regional Office, at (212) 680 -3638, or the FEMA .M— Assistance Center toll free at 1- 877 -FEMA MAP (1 -877-
336- 2627). Additional information about the NFIP is available on FEMA's website at http: / /www.fema.gov /nfip.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 61
SEQR FINDINGS STATEMENT BFLO LAKESIDE COMMERCE PARK
Dormitory Authority of the State of New York State Environmental Quality Review (SEAR) Findings Statement for the
Buffalo Urban Development Corporation Buffalo Lakeside Commerce Park (Development of the Union Ship Canal
District), Buffalo, Erie County, New York (New York Economic Development Capital Program)
Dear Mr. Chwalinski:
Enclosed herewith is a copy of the Dormitory Authority of the State of New York's (DASNY) State Environmental Quality
Review (SEAR) Findings Statement (dated March 8, 2007) for the Buffalo Urban Development Corporation Buffalo
Lakeside Commerce Park (Development of the Union Ship Canal District) project as well as a copy of a Distribution List of
Involved Agencies and Interested Parties to whom these materials have been sent.
Should you require any additional information, please contact me at: Mr. Jack D. Homkow, Director, Office of
Environmental Affairs, Dormitory Authority of the State of New York, One Penn Plaza, 52nd Floor, New York, New York
10119 -0098, or telephone at (212) 273 -5033.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
NO. 62
PROCESS FOR FORECLOSURE
My first concern is that there are three factors that can trigger a foreclosure. (delinquent property, water or garbage fee
bills).
This is very harsh for a city that has a median income of approximately $25,000 and that ranks among the country's
highest poverty cities. Especially, when more affluent suburban homeowners only receive foreclosures for property tax
defaults.
Additionally, the foreclosures often add to the already bulging list of City owned properties that are wasting away and that
will need to be demolished at a taxpayers' cost of about $10,000. [That $10,000 would be better spent in assisting the
struggling homeowner with their tax, garbage and water fees.]
Here are my suggestions:
There should be a review process regarding the homeowner's financial circumstances (utilizing a
simple form, etc.). It would establish if they have the means to pay or if they truly are having
difficult financial times that prevent them from paying the bills. (Just paying the high gas bills that
occur due to the City's older housing stock, even the homeowner receives HEAP assistance, can
cause considerable financial set back.
[I personally know of one man who only receives $600 a month. He has rightfully been trying to get disability for years as
sometimes he is literally bedridden for weeks at a time. He received a foreclosure notice due to garbage fees. Since he is
a prideful man, it was just by chance some friends found out about his plight and were able to pay money on his behalf to
stop the proceedings.]
The $400 plus foreclosure fee that gets attached needs to substantially reduced if not removed. [It's understandable that
the City needs money, but that amount is unconscionable to individuals who are already in financial quicksand.
• The City should seek grants, etc. to assist struggling homeowners with water bills, etc.
There should be significant, continuous public info advertisements on the radio and TV regarding the STAR program.
Many people who are eligible don't now about it, while other owners receive it automatically. I asked some of my co-
workers, who live in the suburbs, and I found that they automatically received STAR. Also, I know Buffalo owners who
automatically received it.]
Thanks for listening.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
NO. 63
600 MBBA PROPERTIES
n response to your letter dated 2/22107, in which you request ask for our comments regarding a plan for the over 600
MBBA properties out thoughts are as follows:
Establish a program which would encourage developers to acquire the properties, rehabilitate them, and either sell them
to homebuyers or rent them out. The City could make some funds available to the developer to pay for some of the rehab.
Developers could, be required to get development budgets, sales prices, rents and rehab, specifications approved by the
City in advance. The developer could be required to show evidence of funds to pay for the balance of the rehab. If
developer's proposal is approved by the City, the developer could acquire the home from the City for little or no cost. The
developer could draw down rehab funds from the City during construction. The City could monitor the progress of the
construction. Upon the completion of the rehab, to the City's satisfaction, the developer could be entitled to a pre- defined
developer fee when the home is sold to a homeowner.
We know that there are many details to be worked out in order to accomplish a program like this. We would be happy, to
discuss this matter further. If you have any questions, or if you would like additional information, please call me at (716)
884 -7791.
Thank you for the opportunity to provide our thoughts to you.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 64
CONCERNS PROFUSED CAMERA INTERSECTIONS
We have just received a listing of the proposed camera intersections for the city. In learning about the abilities of this
technology, we are elated that the city is working to have these installations sooner than later. But, the locations do
present some questions. In reviewing these sites, along with mapping them against hotspots we are aware of in our
community, we have recognized some concerns are hoping you might be able to address them.
One of the hottest areas in the West Village is the intersection of West Chippewa, Whitney Place, and Georgia. This is the
intersection where Officers Parete and Andolina were shot in December and is an area where many have been accosted
and even mugged. Wallets, purses, and other personal items are found along the bushes and fence lines that border this
intersection. Those with less than good intentions are known to lie in wait for unsuspecting visitors returning to their cars
after an evening on the Chippewa Strip or in the Theater District.
Our first question in reviewing the camera placements on Pearl and West Tupper, Maryland and Niagara, West Chippewa
and Pearl, and West Chippewa and Delaware is: "If these intersections are secured by these cameras, will the police have
greater freedom to patrol the core within the perimeters, thereby securing the safety and welfare of those who live in the
areas that would be hardest hit by muggers and thieves O0008G escaping detection of these cameras ?" Our
second question relates to the safety and security of the core between these four sites. "Will the core
streets be retrofitted with enhanced lighting, similar to the new lighting installed on Whitney Place, to
ward off increased crime ?"
We have also attached a mapping system showing the location of cameras in black along with crime hotspots noted in red
circles. I am confident you can see our concerns as the proposed camera location would act as deflectors into the hotspot
areas, creating a need for policing to assure resident and visitor safety.
Please contact us with your comments. We wish to continue working with all of you to build a better Buffalo. As our
Councilmember says, "Communication is the Key," and we hope this letter opens the door for that essential
communication.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 66
FORECLOSURE NOTIFICATION
Thank you for the opportunity to comment on the "Foreclosure Notification" resolution.
Although Greater Buffalo Savings Bank has had only a limited number of foreclosures in its history, we are aware of the
problems that have arisen in Buffalo with vacant properties in foreclosure. We understand the need to identify and track
the properties, however this resolution will add further costs and responsibilities to an already costly process.
As noted in the Cleveland resolution, a $60.00 fee was assessed to each Notification. This amount is excessive and will
not discourage the problems now being experienced by the City. This additional notification function will already add a
cost to the foreclosure process, either through an Attorney fee or additional processing effort.
Once again, thank you for this opportunity to comment on this resolution.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
NO. 66
BUFFALO PUBLIC SCHOOL DISTRICT PARENT INVOLVEMENT PLAN
Please file the attached document for the upcoming Common Council Session to be held on March 20, 2007.
Thank you in advance for your assistance in this matter.
Demone A. Smith
Masten District Councilmember
Buffalo Public School District Parent Involvement Plan
Parent Involvement Beliefs
The Buffalo Public Schools believes that education is a partnership between
the student, parent /guardian, school and community. The academic achievement
and success of our students depend on the strength of these partnerships. For the purpose of this plan, parents can be
defined as any parent, guardian, and /or person in parental relation to a child or children.
Students, who are at the center of these partnerships, have unique skills, talents, and learning styles and are ultimately
accountable for their own academic achievement. Parents and families provide their children with the foundation of their
values including educational values, responsibilities /expectations, rules for school /home environment, and aspirations.
Parents are the sole providers in preparing their children for school readiness and academic success. Parents' knowledge
of their children's unique histories, traditions, experiences, and learning experiences are important to academic success.
Parents also share knowledge about resources and challenges, both of which are valuable resources and critical to their
academics success. The educational responsibility of our students is shared by the district, schools, parents and
community.
The Buffalo Chapter of the National Network of Partnership Schools began in 1999 to assist our schools in developing
comprehensive programs of school, family, and community partnerships as part of their school improvement efforts. The
Buffalo Public Schools uses the framework of the Epstein Model based on the following six major types, which evolved
from years of studies and work by educators and families in elementary, middle and high schools.
Parenting: Assist families with parenting and child- rearing skills, understanding child and adolescent development, and
setting home conditions that support children as students at each age and grade level.
Communicating: Communicate with families about programs and students progress through effective school -to -home
and home to- school communication.
Volunteering: Improve recruitment, training work, and schedules to involve families as volunteers and audiences at the
school or in other locations to support students and school programs.
Student Learning at Home: Involve families with their children in learning activities at home, including homework and
other curriculum - related activities and decisions.
Decision Making: - Include families as participants in school decisions, governance, and advocacy through PTO /PTA,
school councils, committees, and other parent organizations.
Collaborating With the Community: Coordinate resources and services for families, students, and the school with
businesses, agencies, and other groups, and provide services to the community.
District Responsibility /Expectations
To successfully implement the District's above beliefs for parent involvement, support will be comprised of, but not limited
to the following:
Creating an atmosphere at the district level that invites, promotes and encourages the participation of all parents.
1. Continuing to foster a network of sharing among schools through the Buffalo Chapter of the National Network of
Partnership Schools framework.
2. Providing a budget allocation to support district, school and parental involvement initiatives.
3. Establishing a parent organization in every school.
4. Disseminating information relevant to student achievement /parents rights through community meetings, telephone
contact and through individual schools.
5. Ensures on -going training at building level.
6. Providing for parent participation on all district decision making teams.
7. Supporting a District Parent Center that provides academic assistance to
parents, students, and community.
8. Providing Community Superintendent support in the implementation of the
parent involvement policy in each of the buildings under their supervision.
9. Ensuring compliance ofsec.1118.
The District Parent Coordinating Council
The purpose of the council shall be to ensure that a partnership with the district is created and maintained. The council will
report to the Superintendent /Buffalo Board annually. All parents are encouraged to attend monthly council meetings. The
voting membership of the council will be comprised of a representative from every school and all organizations that
represent parents, such as the Special Education Parent Advisory Council and the Title District Advisory Council.
Building Responsibility /Expectation
Principals in collaboration with parents and with the support of the District Parent Coordinating Council, Buffalo Chapter of
the National Network of Partnership Schools, and Regional School Support Center, will establish a parent /family
organization in each school. Establishing an organization will help increase parent involvement and develop parent
leaders to advocate for the academic achievement of all children. Parent /family organizations shall allow for independent
parent input into school based discussions to ensure a partnership with the school leadership and staff to support the
district plan for parent involvement and student achievement.
The parent /family organization in collaboration and the principal of each school shall call at least one business meeting of
the parent /family organization each year in order to encourage the inclusion of new parents into the organization. The
Parent /family organization shall elect officers and have regular meetings announced publicly, inviting all to attend. The
parent /family organization shall be maintained as a viable entity to ensure parents have an opportunity for meetings and
decision making. The parent /family organization shall support and provide parent participation in the district's school
based decision making plan. The parent /family organizations will elect /appoint members to represent all parents from the
school community to the District Parent Coordinating Council, School Based Management Team and Action Teams
related to student achievement.
Parent Responsibility /Expectations
0 Parents will ensure that children come to school prepared and ready to learn
0 Parents will provide high - quality nutrition, adequate sleep, and exercise for their
children.
Parents will provide a learning environment for children to do homework and
actively monitor their children's homework and level of completion.
Parents will review and support the District Attendance Policy.
0 Parents will attend parent /family organization meetings, parent /teacher
conferences and workshops designed to increase student achievement in their
children' schools.
0 Parents will communicate with teachers and principals as partners in their children's academic success.
0 Parents will review and support the District Code of Conduct.
REFERRED TO THE COMMITTEE ON EDUCATION
NO. 67
PROPOSED RESOLUTION 94
FORECLOSURE NOTIFICATION
Re: Proposed Resolution 94(Foreclosure Notification)
The Mayor's Anti - Flipping Task Force (AFTF) has been invited to submit comments on a Resolution 94 introduced by
Common Council Members Franczyk and Kearns and entitled Foreclosure Notification. We thank the Common Council
for providing the opportunity to comment on this important issue.
Resolution 94 is modeled after a similar proposed ordinance that was introduced in the City of Cleveland in November
2005. We contacted Cleveland Housing Court Judge Ray Pianka, and Professor of Law Kermit Lind from Cleveland -
Marshall School of Law to determine whether the statute was enacted and is being enforced. We learned that, while the
Cleveland ordinance was not enacted, 2 suburban municipalities adjacent to Cleveland enacted similar laws (See
altached ordinance for South Euclid, Ohio and City of Berea, Ohio).
The AFTF fully supports the enactment of an ordinance requiting foreclosure notification by parties who commence such
proceedings for properties located in the City of Buffalo. The objective of this ordinance is to protect the City of Buffalo
from ultimately beating the costs of a decision made by a foreclosing entity to commence and then abandon foreclosure
proceedings. This ordinance is necessary and addresses a very serious public concern.
The AFFF has consulted with city staff, foreclosure prevention attorneys, housing counselors, building inspectors, housing
court representatives, and others to identify and analyze this problem. In fact, AFFF representatives met directly with a
city staff member to review this issue last year. Du6ng that meeting, the staff member tried to locate just one original
owner of a property among a stack of cases in which foreclosure had been started
and then abandoned. When he finally located and reached the woman, she explained that she had left the property a long
time prior to that date, as it was her understanding that the bank had foreclosed and now owned it. According to our
sources, this is an all too common experience.
Sadly, many lenders that operate in our community are not familiar with the local Buffalo housing market. Foreclosure
prevention attorneys and housing counselors have indicated to us that out -of -town lenders often cannot believe how little
these properties are actually worth. In addition to that reality, many of the loans likely to go into foreclosure were risky in
the first place and involve high loan to value ratios. The loans were likely sold and resold on the secondary market and
are in the bands of a service at the time the mortgagor begins to default. When the lender realizes the condition and
actual value of the property, along with the costs associated with foreclosure, it simply aborts the foreclosure proceeding.
Foreclosing lenders will suggest that the mortgagor has every opportunity to reinstate the loan or provide a workout plan
to the bank to avoid foreclosure or even work out a short sale or deed in lieu of foreclosure. Realistically, though, we are
usually dealing with individuals that do not understand the legal system or the foreclosure business and cannot afford an
attorney. A foreclosure is, for any person, an extremely stressful situation. Once the stress level becomes too high, the
mortgagors generally just want to get out of the situation. Unfortunately, many homeowners vacate the property before the
foreclosure has been completed. This occurs for several reasons such as: a belief that the homeowner has been evicted;
actual eviction; pressure from the lender to pay arrears and lenders' attorneys' fees which the homeowner cannot afford;
frustration with the many departments the mortgagor must deal with in order to secure a workout; and simple lack of
communication on the part of the mortgagee and mortgagor.
The actions on the part of the foreclosing lender are clearly a catalyst for producing a vacant property. Thus, a very real
and practical concern arises for the city of Buffalo.
The property sits vacant with no responsible party acting to maintain it. The condition deteriorates and eventually the
building is cited for code violations. Since the original owner has vacated, it is difficult to cite that person. Even if located,
these owners do not have the financial wherewithal to correct the code violations since they were already in arrears for
the mortgage.
By failing to complete the foreclosure, the lender attempts to avoid any responsibility for the property. Unless that lender
can be held responsible for maintenance of the property, the City of Buffalo will ultimately have to assume responsibility
by demolishing the property.
A Foreclosure Notification ordinance would put the City of Buffalo on notice that a property could potentially become
vacant and pose problems. Since the foreclosing party is already filing an action with the County Clerk's office, it is not a
hardship to require that one additional document be filed with the City of Buffalo. Any arguments to the contrary are
without merit since lenders and foreclosing entities routinely use a significant number of documents to originate loans,
accelerate payments and advise mortgagors that they are in arrears.
In fact, the AFTF suggests that the notification form be expanded to include additional measures such as those adopted
by Housing Court Judge Pianka in Cleveland Ohio. In addition to name, address, and contact information for the person
responsible for
maintaining the property, the form should also require a property status report with accompanying picture of the property,
a listing of current code violation citations by the city if such exist, a statement as to whether the property is occupied or
not, and contact information for the foreclosing attorney. This information would enable Housing Court to require action by
the plaintiff to secure and maintain the property during the pending foreclosure matter.
These measures will force the foreclosing entity to evaluate the actual value and condition of the property at the outset. If
the lender is concerned about following through with foreclosure and ultimately becoming responsible for the property,
that determination can be made at the start of the foreclosure process rather than months or years down the road as the
property condition worsens. Requiring foreclosing entities to pay a fee will help pay for the administrative costs of
establishing this system and will further serve to encourage lenders to make a serious determination as to whether they
will complete foreclosure.
We fully expect that opposition to dais ordinance will be voiced by foreclosing entities and their attorneys. They want to
protect their interests.
However, this opposition must be weighed against the very significant public purpose that this ordinance would serve;
protecting Buffalo neighborhoods and resources. The number of vacant properties that exist in Buffalo as a result of
abandoned foreclosures is significant. City of Buffalo neighborhoods and residents suffer when the foreclosing entities
essentially force homeowners out and then refuse to maintain properties. If the lender is going to make a decision to
foreclose, they should either follow through with the proceeding or actively attempt a workout solution.
The costs of abandoned foreclosures can be measured to include many things such as staff time spent by building
inspectors, city prosecutors, city departments, and boarding costs and demolition costs as well as potential diversion of
police and fire resources. It is clearly an unfair burden to expect the City of Buffalo to bear the costs of a poor decision
made by a lender.
If there are obstacles to enacting a local ordinance, the AFFF recommends that we collectively research and consider
enacting a similar requirement at the state level. Since an action must be filed prior to a foreclosure complaint, it would not
be unduly burdensome to impose a Foreclosure Notification requirement at the same time. This would place the legal
requirement of responsibility for the maintenance of property subject to foreclosure with the court handling the legal action
and would include the name of the foreclosing attorney.
We thank you for the opportunity to comment on this important resolution.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 68
RESOLUTION REGARDING MBBA PROPERTIES
The Mayor's Anti - Flipping Task Force is responding to your invitation to submit comments on a Resolution introduced by
Common Council Member Michael P. Kearns and Michael LoCurto entitled "Addressing over 600 MBBA Properties Going
to the October Foreclosure Sale ". We thank the Common Council for the opportunity to comment on this important issue.
The MBBA properties came to our attention when the AFFF first began analyzing existing and potential sources of
properties that are available to be utilized in flipping schemes in Buffalo. We retrieved information about these properties
from the City, Housing Court, Building Inspectors and interested community residents.
It quickly became clear to the AFTF that the properties being held by MBBA were more "expensive" than properties sold
by HUD, at the city In Rem auction, or through private foreclosures. MBBA homes "cost" more because, even though the
initial liens had been bought, subsequent liens continued to accrue as years passed. Nor were the properties being
foreclosed upon. This was likely due to the costs associated with the foreclosure process as compared to the value of the
properties. We learned that the properties had already been through the city In Rem process prior to being sold to MBBA.
The paramount concern for the AFTF was a potential "fire sale" or disposition of these properties by MBBA or the service,
JER, at discounted prices. This, we feared, would create another influx of cheap and vacant properties available for
flipping. We also voiced concern over the conditions of the properties and the reluctance of MBBA /JER to assume
responsibility for the properties.
As Co- Chairs of the AFTF, we arranged for a meeting to be held with City of Buffalo representatives, MBBA /JER, and
members of AFTF. A meeting was held in Buffalo and the parties discussed all concerns posed by the properties and
potential resolutions.
The outcome of this meeting, and ensuing discussions, was an attempt by MBBA to use the New York State Affordable
Housing Corporation programs to make the properties saleable. This attempt, worthwhile though the gesture may have
seemed, did not succeed in transferring the properties to eligible homeowners. The program was announced in August
2006 and was well publicized but no applications were submitted even after an extension of the deadline. This lack of
response is likely due to the condition of the properties and the actual cost that would be associated with rehabilitation.
The program did not work as intended, which indicates that it needs improvement in order to capture the target audience.
It is also clear that an infusion of funds much beyond the $2 million AHC Special Funding for Buffalo is needed to address
the scope of the problem. The $2 million is proportionally a relatively minimal contribution of funds to remediate a very
large problem.
The AFTF will continue to pursue avenues to solve this problem with the City of Buffalo, the new MBBA Chair Patticia
Almodovar and Governor Spitzer.
In the interim, the City of Buffalo has recognized that the only feasible way to control disposition of these properties is to
take them back from MBBA. This is also the only way to ensure that the properties are not made available for flipping. It is
the responsible thing to do in a situation with no other real options. While not an ideal solution, in the absence of sufficient
funds to demolish problem MBBA properties or the availability of capable persons or entities that can acquire and
rehabilitate them, the strategy of including these properties in the In Rein auction appears to be the appropriate way for he
City of Buffalo to achieve two goals: 1) clear title of liens that accrued subsequent to the purchase by MBBA and 2) meet
its obligation to collect delinquent taxes.
It is our intention to combat flipping of MBBA properties by encouraging continued use of the controls already instituted at
the In Rein auction (namely the provisions included in the affidavit used last year) along with the institution of additional
recommendations made by the AFFF and being discussed with representatives of City departments.
The AFTF will continue to evaluate and advocate for other important measures, such as the 3 Party Transfer Ordinance,
that will provide Buffalo with more constructive options to transfer such properties in the future. We support the land bank
strategy recommended in the National Vacant Properties Campaign's BIreprint Buffalo. A land bank strategy effectively
focuses on the conversion of vacant, abandoned and tax delinquent properties to productive use. Land banks are a
strategic plan to acquire, assemble and transfer high numbers of abandoned properties, in particular to streamline tax
foreclosure proceedings that are cumbersome.
Given the volume of MBBA structures and the fact that many of them are clustered, it is most prudent to consider the
resolution of these properties as a component of a land banking strategy that a portion of the potential funds be used to
establish a land bank entity for the City of Buffalo.
It is likely that a number of these properties will not be auctioned off at the In Rem. The AFTF welcomes the opportunity to
work with the City of Buffalo, the Common Council and other organizations to discuss and develop a plan to deal with the
remaining properties to ensure that they are not flipped and do not remain a bright in our city.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 69
600 MBBA PROPERTIES - 2/20/07 COUNCIL RESOLUTION
Habitat for Humanity Buffalo applauds and supports the Council's resolution concerning those —x00 MBBA properties)
Habitat is in need of properties to rehab for some t 7 pre- screened families that are waiting a home of their own, and
another 30 to 40 families working on their initial sweat equity commitment. Since Habitat does not commit to take a
property until accepted by a family and Habitat's construction inspection, we ask that the procedures developed by the
Council include an opportunity for such an inspection.
Once a process is finalized, Habitat stands ready to immediately work with the City. Habitat's Property selection
Committee is headed by David Floyd (652- 6513), 464 Girard Ave., East Aurora, NY 14052 where follow -ups can be
channeled.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 70
BLOCK LOANS FOR OUT OF TOWN LANDLORDS
RES # 112 CCP OCTOBER 31,2006
KeyBank Mortgage is in receipt of your request to file a response to the above referenced resolution. Please be advised
that although the applicability of this resolution to KeyBank Mortgage is preempted by federal law, KeyBank Mortgage is
voluntarily providing a response.
It is the policy of KeyBank Mortgage to extend credit equally to all loan applicants who meet our underwriting guidelines.
This is accomplished through established criteria including credit worthiness and the borrower's ability to repay the loan.
KeyBank Mortgage makes mortgage loans to consumers in compliance with federal fair housing and anti - discrimination
laws. These statutes prohibit KeyBank Mortgage from discriminating against or denying credit to any consumer based on
the location of the consumer's residence.
RECEIVED AND FILED
PETITIONS
NO. 71
K. OLLON, OWNER, USE 1860 SENECA -BAR (SOUTH)
(HRG. 3/27)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 72
J. COLON, OWNER, USE 430 SEVENTH - REPAIR GARAGE
(ELL) (HRG. 3/27)
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 73
C. MCCAFFREY, AGENT, USE 60 DINGENS- GROUND SIGN (LOVEJOY)
(PHONE #434 -0160)
The attached is for Common Council Approval; but per Permits, no public hearing is required.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD.
NO. 74
R. DEER, AGENT, USE 111 MAPLE -HSF (ELL)
The attached is for Common Council Approval; but per Permits, no public hearing is required.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 75
R. LIPSITZ, SR COALITION FOR ECONOMIC JUSTICE - LIVING WAGE COMMISSION
Dear Mayor Brown:
Workers, union representatives, and community advocates have attempted to meet with you multiple times. We are
concerned by your lack of support for living wage legislation in Buffalo. We request that a meeting be arranged
immediately to discuss this important matter.
Members of this community have been fasting for the last 40 hours to bring attention to the need for living wages in
Buffalo, and the need for you to be a strong advocate for living wage policies.
The following petitions have been signed and collected by individuals belonging to the following organizations among
others:
Pilgrim St. Luke's Sisters of Social Service St. Joseph University Parish Ephesus Ministries
First Presbyterian Church Presbytery of WNY Niagara Frontier City Ministries
True Bethel Baptist Church Catholic Diocese Peace and Justice Commission Interfaith Peace Network
University at Buffalo Students Against Sweatshops The Buffalo Central Labor Council, AFL -CIO
Teamster Locals 375, 264, 449 RuralfMetro Employees AFSCME Local 264
Buffalo Board of Education Food Service Workers Buffalo Board of Education Transportation Aides (T.A.B. union
members) The Communication Workers of America NALC Branch 3 1199 SEIU Upstate
People United for Sustainable Housing (PUSH Buffalo) St. Paul's & St. Mark's
REFERRED TO THE COMMITTEE ON LEGISLATION.
Regular Committees
CLAIMS
(Michael P. Kearns, Chairman)
NO. 76
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:
A, 1, Medina, Netza 70 Comstock Avenue, 14215 $273.69
A. 2. Moreno, Jose 558 Y2 Fargo Avenue, 14213 $323.00
A.3. Newburgh Coalition Inc., 2374 Genesee St., Chktg, NY $3,500.00
A.4. Pitts, Kenneth 207 Haxelwood, 14215 $119.61
A. 5. Profile Affordable Homes c/o Maurice Sessum 19 Decker, 14215 $3,311.91
A. 6. Rodriquez, Kenneth 483 Traverse Blvd.,Tonawanda, NY $198.00
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. 77
Property Damage (tree related)
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.Albert, Ruth, 6 Ross Avenue, 14207 $902.40
B. 2. Braid, Maria, 154 Amber Street, 14220 $4,685.44
B. 3. Brown, William, 131 Edna Place, 14209 $1,600.00
B. 4. Carrion, Felix, 642 West Avenue, Upper 14213 $5,925.00
B. 5. Carrion, Felix Jr., 642 West Avenue 14213 $3,736.39
B. 6. Cercone, Michael, 186 Admiral Road 14216 $1,000.00
B. 7. Chrzanowski, Gerald, 100 Harding Road 14220 $595.62
B. 8. Conrad, James T., 128 Harding Road, 14220 $1,542.95
B. 9. Garner, Terrie, 162 Oxford Avenue, 14209 $3,594.84
B. 10. Gonzalez, Julia, 252 West Avenue 14201 $2,559.71
B. 11. Holihan,William, 40 Ryan Street, 14210 $2,811.39
B. 12. Jankowiak, Adele, 149 Weiss Street, 14206 $1,144.38
B. 13.Johnson, Grace, 153 Humber Avenue, 14215 $6,180.00
B. 14.Kowa, Mohammad, 437 7 Street, 14201 $4,371.84
B. 15.Lehner, Craig, 660 McKinley Parkway, #2, 14220 $1,300.00
B. 16.Lehner, Donald F., 359 N. Transit Street, Lockport, NY 14094 $500.00
B. 17. Malicher, Jennifer, 660 McKinley Parkway, 14220 $100.00
B. 18. McBride, Carrie, 4535 Don Milagro Drive, Los Angeles, CA 90008 $12,720.00
B. 19.Montes, Ferdinand, 136 Amber Street, 14220 $550.00
B. 20.Moody, Brianne, 412 West Delavan, 14213 $500.00
B. 21.Moore, Charles, 78 Quincy Street, 14212 $1,112.74
B. 22.O'Neill, Raymond, 35 Ramona Avenue, 14220 $1,620.00
B. 23.Pareja, Hilda, 618 LaSalle Avenue $245.02
B. 24.Pfohl, Constance, 578 Crescent Avenue, #5, 14214 $2,473.48
B. 25.Price, Chanel, 318 Davidson Avenue, 14215 $1,735.87
B. 26. Price, Charles, 652 Woodlawn Avenue 14211 $545.93
B. 27.Standart, William, 4824 Mobile Drive, Fort Worth, Texas 76137 $837.38
B. 28.Szalasny, Peter, 143 Weiss Street, 14206 $450.00
B. 29.Taylor, Alfreda, 1570 Jefferson Avenue, 14208 $214.92
B. 30.Zink, Al, 137 Koester Street, 14220 $3,200.00
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. 78
Miscellaneous Reimbursements
That, upon the recommendation of the Corporation Counsel and the appropriate City Departments, the following claims be
paid:
C. 1, Colucci & Gallaher, P.C., 424 Main Street, 14202 $ 3,989.00
C. 2. Colucci & Gallaher, P.C., 424 Main Street, 14202 $ 495.00
C. 3. Group Health Inc., 77 Broadway, 14203 $43,011.91
C. 4. Phillips Lytle, LLP, 3400 HSBC Center, 14202 $ 31.85
C. 5. Connors & Vilardo, LLP, 424 Main Street, 14202 $ 986.59
C. 6. Connors & Vilardo, LLP, 424 Main Street, 14202 $ 8,311.61
C. 7. Jack Hunt & Associates, 1420 Liberty Bldg., 14202 $ 7.05
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. 79
Miscellaneous Reimbursement
D. 1. Hedges, Wayne, 1386 Duchess Lane, Alden, NY $2,000.00
D. 2. Picard, Alexandre, 16 Marina Park South, 14202 $3,605.00
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. 80
Personal Injury
That upon the recommendation of the Corporation Counsel, the following action for personal injury arising out of alleged
negligence on the part of the City of Buffalo, be comprised and settled:
E. 1. Kelley, Lilton $9,000.00
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.
PASSED
AYES — 9 NOES — 0
CIVIL SERVICE
(Bonnie E. Russell, Chairperson)
NO. 81
Notices of Appt.- Temp. /Prov. /Perm. (C. Clk.)
( #53,3/6)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 82
Buffalo Police Exam (HR)
( #30,2/20)
That the above item be and the same hereby is received and filed.
ADOPTED
FINANCE
(Brian C. Davis, Chairman)
NO. 83
J. Campolong -Amer. Water Works- Response -M. Kearns -J. Eddy -COB Water Bill
( #56,3/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 84
Proposals - City Hall Cafeteria ( #20,12/12) (PW)
( #78,3/6)
That the above item be and the same hereby is referred to the Common Council without recommendation.
Mr. Davis moved:
That the above item be and the same hereby is recommitted to the Committee on Finance.
ADOPTED
AYES — DAVIS, FONTANA, KEARNS, LOCURTO, RUSSELL AND SMITH — 6
NOES — BONIFACIO, FRANCZYKAND GOLOMBEK— 3
NO. 85
Lease of Buffalo General Hospital Ramp (Pkg. Bd.)
( #5,9/5)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 86
Bond Closeout - Rehabilitation of Streets /Curbs /Sidewalks
(Item No. 6, C.C.P., Dec. 12, 2006)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Davis moved:
That the above item be and the same hereby is recommitted to the Committee of Finance.
ADOPTED
NO. 87
M. Kcams -J. Eddy -COB Water Bill
(#46,2/20)
That the above item be and the same hereby is received and filed.
ADOPTED.
LEGISLATION
(Richard A. Fontana, Chairman)
NO. 88
P. Sorgi, Petition to Use 1545 William- Billboard
(Item No. 74, C.C.P., Mar. 6, 2007)
That after the public hearing before the Committee on Legislation on March 13, 2007, the petition of P. Sorgi, agent, for
permission to use 1545 William for a billboard be, and hereby is approved.
PASSED
AYES - 9 NOES - 0
NO. 89
Local Law Intro. No. 3 (2007) - Boards and Commissions
(Item No. 150, C.C.P., Mar. 6, 2007)
That after the hearing before the Committee on Legislation on March 13, 2007, the Ordinance Amendment as contained
in Item No. 150, C.C.P., March 6, 2007, be and the same hereby is approved.
PASSED
AYES - 7 NOES - 2
AYES - DAVIS, FONTANA, GOLOMBEK, KEARNS, LOCURTO, RUSSELL AND SMITH - 7
NOES - BONIFACIO AND FRANCZYK- 2
NO. 90
Ordinance Amendment - Chapter 159 - Dentistry
(Item No. 169, C.C.P., Mar. 6, 2007)
That after the hearing before the Committee on Legislation on March 13, 2007, the Ordinance Amendment as contained
in Item No. 169, C.C.P., March 6, 2007, be and the same hereby is approved.
PASSED
AYES - 9 NOES - 0
NO. 91
Ordinance Amendment - Chapter 391 - Slaughterhouses
(Item No. 154, C.C.P., Mar. 6, 2007)
That after the hearing before the Committee on Legislation on March 13, 2007, the Ordinance Amendment as contained
in Item No. 154, C.C.P., March 6, 2007, be and the same hereby is approved.
PASSED
AYES - 9 NOES -0
NO. 92
B. Davis -D. Chadsey- Info. -Allen St. Bars
( #59,3/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 93
J. Holifield -Bflo. Olmsted Parks Conservancy -
Forms. Of Pkg. Adv. Bd. /Opp. Imposing Fees
( #67,3/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 94
Opp. To Olmsted Conservancy Imposing Fees Upon
Youth Sports Org. (Exc. 1 & 2 Res.)
( #96 9 2/20) ( #81
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 95
D. Zuchlewski- Proposed Olmsted Park Fees
( #73,3/6)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 96
Req. Dept. of Law Add Goals of Sect. 3 Program to Charter /Code (EDPI)
( #39,3/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 97
Request Police Commissioner to Brief Common Council on
Measures Being Taken to Ensure that Law Enforcement
Capabilities Will Not be Compromised if a Large Number of Officers
call in Sick over St. Patrick's Day Weekend
(Item No. 165, C.C.P., Mar. 6, 2007)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Fontana moved:
That the Common Council requests that the Commissioner of Police identify and provide a detailed plan for dealing with
the possibility of a "blue flu" occurring over St. Patrick's Day weekend; and
That the Commissioner of Police address this issue at an appropriate Committee Meeting or Special Meeting of the
Common Council. That the above item be and the same hereby is received and filed
ADOPTED
NO. 98
Used Car Dealer - 25 Roberts
(Item No. 41, C.C.P., Mar. 6, 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 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he hereby is
authorized to grant a Used Car Dealer License to James Leimkuehler d /b /a MRC Technologies located at 25 Roberts.
PASSED
AYES — 9 NOES — 0
NO. 99
C. Slater - Harter Secrest & Emery- Comments- RiverWright Ethanol Energy Plant
(#49,2/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 100
R. SMITH - INFO. - RIVERWRIGHT ETHANOL ENERGY PLANT
( #50,2/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 101
L. WILLIAMS & O -SUPP. RIVERWRIGHT ETHANOL PROJECT
( #52,2/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 102
J. CLEARY & O- COMMENTS - CITIZENS AGAINST RIVERWRIGHT ETHANOL PLANT
( #53,2/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 103
V. DECKER & O -SUPP. RIVERWRIGHT ETHANOL PROJECT
( #54,2/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 104
BFLO. ROCKET -J. EINACH ARTICLE "RIVERWRIGHT OR ALL WRONG ?"
( #31,2/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 105
J. EINACH - COMRNENTS -PROP. ETHANOL PLANT IN SO. BUFFALO
( #34,2/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 106
C. SLATER - RIVERWRIGHT PROJECT - TRANSCRIPTION OF SPEC. MTG.
( #55,2/20)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 107
J. GOLOMBEK- SUPPORT FOR SPECIAL POLICE
( #37,2/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 108
J. GOLOMBEK - BENDERSON PROJECT ARTICLE
( #35,2/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 109
J. GOLOMBEK - SMARTCODE ARTICLE
( #36,2/6)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 110
"GUN INTERCEPT PROGRAMS" TO SEIZE ILLEGAL GUNS (POL)
( #23,1/23)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 111
A. GARCIA -REQ. TO EXPAND COMM. ACCESS ADVISORY BOARD ( #73,7/25)
( #89,12/26
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 112
R. FONTANA- HUMANE SOC. OF US- "CIRCUS MYTHS" & RELATED MATERIALS
( #51,10/3)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 113
BANNING COSMETIC DENTAL PROCEDURES DONE OUTSIDE LICENSED MEDICAL FACILITIES IN THE COB
( #112,12/12)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 114
S. RADFORD- MILLIONS MORE MOVEMENT -REQ. RES. BANNING
USE OF HYDROGENATED OILS IN RESTS.
( #34,1/9)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 115
CITYWIDE BAN OF TRANS FAT
( #98,1/23)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 116
R. FONTANA -J. EDDY - TRIANGLE BLOCK CLUB -REQ. STOP SIGNS -
GOOD AVENUE & DURANT STREET
( #53,1/23)
That the above item be and the same hereby is received and filed.
ADOPTED.
COMMUNITY DEVELOPMENT
(JOSEPH GOLOMBEK JR., CHAIRMAN)
NO. 117
RESULTS OF NEGOTIATIONS — 59 BARDOL
(ITEM NO. 12, C.C.P., MAR. 6, 2007)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That the offer from Mrs. Juanita Decree, residing at 63 Bardol Street, in the sum of two thousand and one
hundred dollars ($2,100.00) for the purchase of 59 Bardol, 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. 118
SUPPORT FOR EXPANDING THE DOWNTOWN ERIE COMMUNITY COLLEGE (ECC) CAMPUS
(ITEM NO. 173, C.C.P., MAR. 6, 2007)
That this Common Council fully supports the Erie County Executive and the Board of Trustees of ECC
expansion plans for ECC City College City Campus in downtown, and believes it would be beneficial for the revitalization
of the City's downtown business corridor; and
That upon the adoption of this committee report by the Common Council the City Clerk is directed to forward
certified copies to Erie County Executive Joel Giambra, Erie County Legislature Chairwoman Lynn Marinelli and to Erie
County Board of Trustee's Chairman Raymond Gallagher for their comments.
ADOPTED.
NO. 119
D. BONIFACIO -C. SCHUMER -PRESS RELEASE - "RESOLVE ISSUES... SHARED BORDER MANAGEMENT"
( #30,2/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 120
M. KEARNS- BUFFALO NEWS ARTICLE - HICKORY WOODS
( #50,2/20)
That the above item be and the same hereby is referred to the Special Committee on Waterfront Development.
ADOPTED.
NO. 121
M. KEARNS- HICKORY WOOD QUESTIONNAIRE-4/10/06 (EXC. PG. 18 & 19)
( #56,10/3)
That the above item be and the same hereby is referred to the Special Committee on Waterfront Development.
ADOPTED.
NO. 122
HICKORY WOODS (STRAT. PLAN.)
( #8,10/31)
That the above item be and the same hereby is referred to the Special Committee on Waterfront Development.
ADOPTED.
NO. 123
STEELFIELDS LTD.- INSPECTION OF RECORDS (COMPT)
(*9,216)
That the above item be and the same hereby is referred to the Special Committee on Waterfront Development.
ADOPTED.
NO. 124
LETTER TO STEELFIELDS LTD. -VALUE PROTECTION PLAN - HICKORY WOODS
( #14,11/14)
That the above item be and the same hereby is referred to the Special Committee on Waterfront Development.
ADOPTED.
NO. 125
ASKING CITY COMPTROLLER FORMALLY REQ. IN WRITING -OPP. TO INSPECT /COPY
BOOKS /RECORDS OF STEELFIELDS, LTD. PERTAINING TO VALUE PROT. PLAN -
HICKORY WOODS (EXCAST RES.)
( #119,10/31)
That the above item be and the same hereby is referred to the Special Committee on Waterfront Development.
ADOPTED.
SPECIAL COMMITTEES
WATERFRONT DEVELOPMENT
MICHAEL P. KEARNS
CHAIRMAN
No. 126
FAMILY ATTRACTIONS AT ERIE CANAL HARBOR
(ITEM NO. 90, C.C.P., MAR. 6, 2007)
That the Common Council supports and encourages the development of family based attractions at Canal Side
on and around the Erie Canal Harbor.
ADOPTED
NO. 127
D. LOCEY - NYSDEC- CONST. -BFLO. OUTER HARBOR
GREENBELT /SHORELINE IMPR. PROJ. ( #41,2/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 128
L. BEAHAN- SIERRA CLUB -REQ. COB BE MADE A PARTICIPANT
IN THE NIAGARA RIVER GREENWAY PLAN
( #39,2/20)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 129
NIAGARA RIVER GREENWAY PLAN
(ITEM NO. 9, C.C.P., MAR. 6, 2007)
That the Niagara River Greenway Plan as attached to the above communication, be and hereby is received and filed.
ADOPTED.
NO. 130
M. KEARNS -NEWS ARTICLE - "BUFFALO DEMANDS CHANGES IN GREENWAY"
(#41,12/26
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 131
M. KEARNS -M. WOOSTER -BFLO. NIAGARA RIVERKEEPER TO
SERVE ON GREENWAY FUND COMMITTEE
( #81,7/25)
That the above item be and the same hereby is received and filed
ADOPTED.
RESOLUTIONS
NO. 132
By: Mr. Bonifacio
GRANT -FERRY ASSOCIATION APPLICATION TO THE NEW YORK STATE MAIN STREET PROGRAM
Whereas: The State of New York recently unveiled a New York Main Street grant program to help revitalize communities
through building renovations, downtown business or cultural anchors and streetscape enhancements ancillary to other
program activities; and
Whereas: Directed by the State Housing Trust Fund Corporation and the Division of Housing and Community Renewal,
this program will fund a competitive, reimbursement basis to not - for - profits that will serve as Local Program Administrators
and in turn administer local grant programs along eligible commercial corridors; and
Whereas: The Office of Strategic Planning welcomes this new State funding source as it strengthens the goals and
actions for revitalization identified in the City's Comprehensive Plan, the Commercial Area Revitalization Effort (CARE)
program and the Mayor's Livable Communities Initiative which uses the targeted approach in designated neighborhoods
known as Comprehensive Code Enforcement Areas (CCE); and
Whereas: The Buffalo Economic Renaissance Corporation is applying for funding in facade enhancement dollars targeted
to eligible buildings within the CARE areas whose geography includes Lower Niagara Business District, Downtown Main
Street, Grant /Ferry, Jefferson Avenue Business Corridor and the Fillmore -Leroy area connecting with improvements to the
Central Park Plaza. The CARE program was created to promote the economic vitality of Buffalo's older neighborhood
commercial districts by encouraging and providing a comprehensive revitalization program. Having launched the CARE
program through a partnership between residents, businesses, public and not - for - profit entities, BERC is strongly
positioned to successfully administer a Main Street revitalization program; and
Now, Therefore Be It Resolved:
That the Common Council of the City of Buffalo enthusiastically endorses Grant -Ferry Business Association application
for facade improvements to eligible buildings within the targeted CARE Program and calls upon the State of New York to
give every consideration to finding this very worthy submission to the New York State Main Street Program.
ADOPTED
NO. 133
By: Mr. Bonifacio
HOME RULE MESSAGE SENATE BILL #3531, ASSEMBLY BILL #06482,
"AN ACT TO AMEND THE VEHICLE AND TRAFFIC LAW, IN RELATION TO DIRECTING THE CITY OF BUFFALO TO
ADJUDICATE TRAFFIC INFRACTIONS."
Whereas: A Bill has been introduced in the New York State Senate #3531 and New York State Assembly #06482 to
amend the Vehicle and Traffic Law, in relation to directing the City of Buffalo to adjudicate traffic infractions; and
Whereas: Currently the State of New York adjudicates all traffic violations in the City of Buffalo, the purpose of this
legislation is to allow the City of Buffalo the same authority offered to its surrounding suburbs to adjudicate traffic
violations; and
Whereas: Providing Buffalo the ability to adjudicate traffic violations will allow traffic violators to receive benefits currently
enjoyed by suburban residents such as the ability to attend traffic school teaching them to become better and safer
drivers. Attending traffic school also allows drivers to avoid receiving infraction points on their license; and
Whereas: City of Buffalo residents already pay higher insurance rates. The present traffic adjudication system impacts
insurance rates for Buffalo residents by not allowing them the opportunity to utilize options available in the suburbs; and
Whereas: Allowing Buffalo to adjudicate traffic violations will also provide additional revenue to the City, a benefit currently
provided to suburban areas who adjudicate their traffic violations.
Now Therefore Be It Resolved:
That the Common Council of the City of Buffalo hereby goes on record in support Of Senate Bill #3531 and Assembly Bill
#06482 "An act to amend the Vehicle and Traffic Law, in relation to Directing the City of Buffalo to adjudicate traffic
infractions.
Be It Further Resolved That:
The City Clerk is hereby authorized and directed to forward Certified copies of this resolution to the Home Rule Counsel of
the Senate and the Assembly;
Assembly Speaker Sheldon Silver; Senate Majority Leader Joseph Bruno, and to members of the Western New York
Legislative delegation.
ADOPTED
NO. 134
BY: Council member Brian Davis
AMENDMENT TO THE PRATT - WILLERT REVITALIZATION URBAN RENEWAL PLAN
WHEREAS, the Pratt - Willert Revitalization Urban Renewal Plan was approved by the City of Buffalo Common
Council, C.C.P. Item #102, on July 23, 1985 (40 year plan); and
WHEREAS, the Office of Strategic Planning has recommended that the Pratt - Willert Revitalization Urban
Renewal Project Amendment, consisting of all that tract of land generally bounded on the west by Spring Street, on the
north by Sycamore, on the south by Broadway and on the east by Jefferson Avenue, be designated as appropriate for
Urban Renewal treatment; and
WHEREAS, it will pave the way for new economic development and will aid in the stabilization of local property
tax rolls and provide a framework for public and private reinvestment within the area; and
WHEREAS, the Housing Act of 1949, as amended, and Article 15 of the General Municipal Law requires that
the Urban Renewal Plan Amendment be approved only after a public hearing on due notice; and
WHEREAS, the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of
Hearing" in the Buffalo News and the City Record, no later than the 7 day of April, 2007 and that this Common Council
will conduct a public hearing on the matter stated at 2:00 pm in the Council Chambers on April 17, 2007.
Now Therefore Be It Resolved That, We the duly appointed members of the City Planning Board, certify our
unqualified approval of the Pratt - Willert Revitalization Urban Renewal Plan amendment as defined in Subdivision 3 of
Section 502, Article 15 of the New York State Municipal Law; and
Be it further Resolved; That the Director of the Office of Strategic Planning is directed and has authorized the
amendment to the Pratt - Willert Revitalization Urban Renewal plan for the long -term, comprehensive redevelopment of the
designated parcels within the approved areas.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
NO. 136
By: Brian C. Davis
APPOINTMENT OF LEGISLATIVE AIDE
Whereas: Councilmember Brian C. Davis would like to appoint Richard J. Morrisroe to the position of Legislative Aide in
the Ellicott District Council Office.
Now Therefore Be Resolved:
That the Buffalo Common Council approves the appointment of Richard J. Morrisroe to the position of Legislative Aide
ADOPTED
NO. 136
By: Brian C. Davis
PERMISSION TO HANG BANNERS ON NIAGARA STREET - HISPANIC APOSTOLATE
Whereas: The Hispanic Apostolate would like to hand a banner on Niagara Street between Hudson Street and
Pennsylvania Street to advertise the Catholic Conference to be held on June 15, 2007 through June 17, 2007; and
Whereas: The Hispanic Apostolate has requested that said banner be displayed from Monday, May 7, 2007 through
Wednesday, June 20, 2007; and
Now Therefore Be It Resolved That:
The Common Council of the City of Buffalo grants permission to the Hispanic Apostolate to display a banner for
advertisement of the Catholic Conference.
Be It Further Resolved That:
The Hispanic Apostolate will purchase the necessary bond before the banner is hung and said banner shall meet all
requirements of pertinent City Department's and no existing laws should be violated.
PASSED.
AYES -9. NOES -0.
NO. 137
By: Mr. Fontana
ESTABLISH DISTRICT HEATING AT THE NEW FEDERAL COURTHOUSE
Whereas: The City of Buffalo established a District Heating Program in the early 1980's. The program includes City
Hall, 42 Delaware Ave., the City Court Building, the Rath Building, 25 Delaware Ave., the Erie County Family Court
Building, and Fire Headquarters; and
Whereas: The existing system has excess capacity which gives the City many opportunities to provide a more cost
effective heating system for existing buildings as well as new developments in the City; and
Whereas: The upcoming construction of the new Federal Courthouse at Niagara Square scheduled to begin in late
2007, poses an extraordinary opportunity to expand our district heating program to include this new government building;
and
Whereas: A District Heating program at the proposed new Federal Courthouse would offer substantial savings to the
Federal Government while providing the City of Buffalo additional revenues;
Now, Therefore be it Resolved That:
The Common Council of the City of Buffalo requests the Department of Public Works, Parks and
Streets to explore the possibility of the new Federal Courthouse using the City of Buffalo District Heating Program; and
Be it Further Resolved That:
The Department of Public Works Parks and Streets, Emily Baker, Regional Administrator Northeast -
Caribbean Region Government Services Administration (GSA), Congresswoman Slaughter, Congressman Higgins,
Senator Schumer, Senator Clinton, Hon. William M. Skretny, and Hon. Richard J. Arcara form the US District Court
respond to this resolution in writing; and
Be it Finally Resolved That:
This item is referred to the appropriate Committee of the Council for further discussion and
consideration.
ADOPTED 1,2 RESOLVES; 3 RD RESOLVE - REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 138
By: Mr. Fontana
DISCHARGE ITEM FROM THE LEGISLATION COMMITTEE
(RES 102, CCP FEB 6, 2007)
"TRAILBLAZING SIGN -ANDY DIVINCENZO"
Whereas: RES 102, CCP Feb 6, 2007, "Trailblazing Sign -Andy DiVincenzo" is currently before the Committee on
Legislation; and
Whereas: It is no longer necessary for this item to be considered by that committee;
Now, Therefore, Be It Resolved;
That the Common Council does hereby discharge the Legislation Committee from further consideration of RES 102, CCP
Feb 6, 2007, "Trailblazing Sign -Andy DiVincenzo"
ADOPT DISCHARGE; PASSED.
AYES -9. NOES -0.
NO. 139
By: Mr. Fontana
OPPOSE STATE WIDE CABLE FRANCHISES
Whereas: New York State Senator Jim Wright, (Watertown), has recently introduced a bill requesting that the power to
grant cable franchises be taken away from local municipalities and be given to the State; and
Whereas: Referred to as the Cable Choice Act of 2007, the bill would establish statewide cable franchises as a means to
provide competitive cable services. It would mandate the franchise to be in existence for five years; provide public,
educational or government channels; and establish deployment requirements for statewide cable franchises.
Whereas: Many State elected officials have expressed opposition to this proposal and have argued such a blanket
agreement is deeply flawed - -one region would be indirectly effecting another; and
Whereas: The local elected officials opposed to this proposal complain that it eliminates local control over cable franchise
decisions; and
Whereas: The New York Conference of Mayors and Municipal Officials, cable companies and Verizon are opposed to the
Cable Choice Act of 2007 Bill; and
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo does hereby oppose the New York State Bill known as the Cable Choice
Act of 2007, and agrees that local municipalities should be the decision makers for local cable franchises; and
Now, Therefore, Be It Further Resolved:
That this Honorable Body does hereby request that certified copies of this resolution be sent to the WNY Delegation, the
Public Service Commission, NY Governor Eliot Spitzer, NY Attorney General Andrew Cuomo, and the NYS Conference of
Mayors and Other Municipal Officials.
ADOPTED
NO. 140
Sponsor: Mr. Fontana, Mr. LoCurto, Mr. Golombek
SUPPORT FOR CREATING A WEATHER MUSEUM AS A DOWNTOWN FAMILY ATTRACTION
Whereas: A recent study by the Buffalo Niagara Convention & Visitors Bureau concluded that the tourism industry in Erie
County generated more than $1 billion in direct visitor spending in 2005; and
Whereas: Cultural institutions such as theaters, sporting events and museums as evidenced by the above mentioned
study, serve as a huge economic draw for local residents and tourists; and Downtown Buffalo needs additional family
attractions to serve as a destination
Whereas: A unique interactive Weather Museum as advocated by Kate Foster, Craig Turner and Joe Iluzzi could attract
tens of thousands of visitors to downtown Buffalo; and
Whereas: Weather is a topic of daily interest and news stories from around the world concern weather and its impact;
and
Whereas: Everyone from school children to adults are fascinated by hurricanes, tornadoes, blizzards, tsunami's etc,
and such items are frequently the topic of class discussions and television shows; and
Whereas: A Weather Museum is not something that many places have and such an attraction would be unique to
Buffalo; and
Now Therefore Be It Resolved
That the Buffalo Common Council supports the idea of creating a Weather Museum as a unique cultural attraction.
Be It Further Resolved
That certified copies of this resolution be referred to U.S. Senators Charles Schumer, and Hillary Clinton,
Congressmembers Louise Slaughter and Brian Higgins, Governor Eliot Spitzer, The Empire State Development
Corporation, Erie Canal Harbor Development Corporation, members of the WNY State Delegation, and the Buffalo
Niagara Convention & Visitors Bureau.
ADOPTED
NO. 141
BY: MR. FRANCZYK
CURB VIOLENCE IN CITY SCHOOLS
WHEREAS: Recent violence in Buffalo city schools jeopardizes the opportunity for the majority of Buffalo students to learn
in a safe, positive environment; and,
WHEREAS: It is incumbent on the Buffalo School administration and the Board of Education to ensure the safety of all city
students; and,
WHEREAS: Recent attacks on and reported continued threats to at least one student at the Academy of Visual and
Performing Arts, calls into question the school administration's ability to effectively handle or address the problem of
school violence; and,
WHEREAS: The guardians of the victim are extremely upset and want answers as to why the assaulted student was sent
home while the perpetrators of the attack returned to school; and,
WHEREAS: Additionally, an assault on a teacher in the same incident amplifies the problem of school safety; and,
WHEREAS: Although the violence in the schools are a reflection of what is happening in the streets, and though parents
of problem students need to take more responsibility, the schools still need to address how they intend to solve the
symptoms of these problems in the schools, if not the causes; and,
NOW THEREFORE BE IT RESOLVED: That the Superintendent of Buffalo Schools, as well as School Board members
be invited to the Education Committee to address what plans they have or intent to put into place to diminish the violence
in Buffalo schools.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION, BOARD OF EDUCATION AND BUFFALO TEACHERS
FEDERATION.
NO. 142
BY: MR. FRANCZYK
SUPPORT FEDERAL COURTHOUSE DESIGN COMPATIBLE WITH JOSEPH ELLICOTT PLAN
WHEREAS: The local federal Office of Courts Administration desires to build a new federal courthouse in Buffalo at a site
selected by the General Services Administration in the Joseph Ellicott Historic District on Niagara Square; and,
WHEREAS: The State Historic Preservation Office has declared The Joseph Ellicott Historic District, The Ellicott Street
Plan, The Erlanger Building and the Balcom- Chandler House as worthy of listing on the National Register of Historic
Places; and
WHEREAS: The Balcom- Chandler House is a representative example of an Italian Villa style house of the mid - nineteenth
century and is the only surviving residence of those surrounding Niagara Square during the period following city
incorporation and is the oldest non - religious structure downtown; and.
WHEREAS: The Balcom- Chandler House exhibits typical characteristics of the Italian Villa style well adapted to a narrow
urban lot and the house retains its historic character including many decorative elements and strongly recalls the period of
the city's prosperity in the nineteenth century; and,
WHEREAS: The Erlanger Building was a significant legitimate theater in downtown Buffalo and built as part of an urban
ensemble by nationally prominent Buffalonian Ellsworth Statler, together with his flagship Hotel Statler and Statler garage
and retail complex; and,
WHEREAS: Paul Robeson, the Marx Brothers, Katherine Hepburn, the Barrymores, Orson Wells, Buffalo native and
"Queen of Broadway" Katherine Cornell performed there; and,
WHEREAS: The Erlanger was rescued from demolition in 1956 by Katherine Cornell and adapted as an office building by
prominent Buffalo businessmen that included Darwin R. Martin and Edward H. Kavinoky, and included an International
Style office addition appended to the south side of the building; and,
WHEREAS: The hotel, theater, and retail /garage block formed an ensemble of buildings that gave this point of downtown
an especially cosmopolitan atmosphere and the Statler and Erlanger buildings retain their historic character including
many decorative elements and strongly recall the period of the city's prosperity in the early twentieth century; and,
WHEREAS: Niagara Square is the nucleus of Joseph Ellicott's 1804 street plan for the Village of Buffalo; and,
WHEREAS: The unique street arrangement created irregularly shaped lots fronting on the Square, and influencing the
shape and siting of the present United States Courthouse, the New York State Courthouse, and the Statler Building.
These buildings have a shape to conform to the parcels created by the radiating streets intersecting the standard grid
plan. The Ellicott Street Plan of 1804 and its City Beautiful Movement alterations in the early twentieth century retains a
high degree of integrity of design; and,
WHEREAS: The State Historic Preservation Officer has instructed the federal General Services Administration to plan the
courthouse project affording all the protections from adverse impacts of federal undertakings due National Register
properties; and,
WHEREAS: The GSA has found that "the undertaking may have adverse effects" on The Joseph Ellicott Historic District,
The Erlanger Building and the Balcom- Chandler House; and,
WHEREAS: The City of Buffalo, the State Historic Preservation Officer, and the federal Advisory Council on Historic
Preservation, have formally declared that "the design for the main building and the plaza" are not considered preferable
treatments by the Secretary of the Interior's Standards; and,
WHEREAS: The GSA has agreed to follow the National Historic Preservation Act and design the courthouse project "in
according to The Secretary of the Interior's Standards for Rehabilitation and Illustrated Guidelines for Rehabilitating
Historic Buildings;
NOW THEREFORE BE IT RESOLVED:
That the Common Council supports the concept of a new federal courthouse on Niagara Square; and,
BE IT FURTHER RESOLVED:
That the Council agrees to work with all agencies, elected officials, and the public to ensure the best possible project; and,
BE IT FINALLY RESOLVED:
That the Common Council supports the continued expression of the historic Joseph Ellicott street plan around the
courthouse site by retaining as much of the historic fabric as possible not intruding on the footprint of the courthouse.
ADOPTED.
NO. 143
BY: MR. GOLOMBEK
LOCAL LAW NO. (2007) INTRO. NO. 5 (2007)
A LOCAL LAW amending Article six of the Charter of the City of Buffalo in relation to properties located in the Empire
Zones.
WHEREAS, by Local Law No. 5 of 1994, the City of Buffalo authorized the Buffalo Economic Renaissance
Corporation to prepare and submit the City of Buffalo application for designation of the Empire Zone, pursuant to Section
961 of the General Municipal Law, and the creation of such Zone was approved by the New York State Commissioner of
Economic Development and such Zone #38 was formally designated by the Empire Zones Designation Board on July 27,
1994; and
WHEREAS, Citigroup, Inc. is a diversified global financial services company and is the largest private sector
employer in New York State (NAICS 523110) will create 650 jobs and retain 400 jobs at their facility at 540 Cross Point
Parkway in Amherst, NY and expand their operations to 580 Cross Point Parkway with a 150,000 square foot expansion;
and
WHEREAS, Luminescent Systems, Inc. is an engineer and manufacturer of aerospace lighting and electronics
(NAICS 336413)and is expanding their manufacturing facility at 130 Commerce Parkway in East Aurora where 100 new
jobs over five years will be created and investment will total $7.5 million; and
WHEREAS, Multisorb Technologies, Inc. is the world leader in the development and manufacturing of active
packaging technology and products (NAICS 325998) and is expanding their manufacturing operations to 10 -20, 30, & 50
French Road in Cheektowaga where 75 new jobs over three years will be created and 20 new jobs at their headquarters
at 325 Harlem Road, West Seneca; and
WHEREAS, the New York State Department of Economic Development and Zone Administrative Board of the
City of Buffalo has determined that the proposed expansions of Citigroup, Inc. as a parent corporation with separate legal
entities, Luminscent Systems, Inc. and Multisorb Technologies, Inc. are eligible for Empire Zone benefits as a Regionally
Significant project under Section 957(d)(i) of the General Municipal Law; and
NOW, THEREFORE, BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO, as follows:
Section 1. The Common Council of the City of Buffalo approves the allocation of zone lands for the proposed
expansions of Citigroup, Inc., Luminescent Systems, Inc. and
Multisorb Technologies, Inc. as Regionally Significant projects as determined by the Buffalo Zone Administrative Board
and the New York State Department of Economic Development.
Section 2. The boundaries of said areas to be included in said Empire Zone 38 shall be as set forth in Schedule
A, which is attached hereto and made a part hereof.
IT IS HEREBY CERTIFIED, pursuant to Section 20 of the Municipal Home Rule Law, that the immediate
passage of this Local Law is necessary.
APPROVED AS TO FORM
Peter Savage, Asst. Corp. Counsel
NOTE: Matter under lined is new.
PASSED.
AYES -9. NOES -0.
NO. 144
Sponsor: Mr. Golombek
THE NEED FOR MORE BUFFALO POLICE OFFICERS
Whereas: The University at Buffalo Regional Institute recently released a Policy Brief titled "Violent Crime in the City of
Good Neighbors" and;
Whereas: According to the Policy Brief, Buffalo has fewer police officers per capita than many other cities in New York
State and across the Nation; and
Whereas: Between 2000 and 2005, Buffalo's police force has decreased 13 %; and
Whereas: During the same time period Rochester, Syracuse and Albany with lower crime rates than Buffalo, increased
their police forces, with the City of Syracuse increasing its police force by 5 %; and
Whereas: The Regional Institute compared officer and crime levels in Northeast and Midwest cities with 150,000
residents or more and concluded that Buffalo was one of only a few cities to have both a higher violent -crime rate and
lower officer levels than the group average; and
Whereas: With 281 sworn officers per 100,000 residents in 2005, Buffalo had an officer rate well below similar cities,
according to the Policy Brief; and
Whereas: Due to the leadership of Mayor Byron Brown, Police Commissioner H. McCarthy Gipson and the dedicated
officers of the police department, arrest numbers are up significantly, with fewer officers; and
Whereas: Due to the increased workload of the police department, additional resources are necessary to provide the
public with sufficient police protection; and
Now Therefore Be It Resolved
That in light of the findings reported by the University of Buffalo Regional Institute, the Buffalo Common Council expresses
its support for hiring more police officers in the City of Buffalo.
Be It Further Resolved
That a copy of this resolution be sent to the Police Commissioner, the Mayor, the Buffalo Fiscal Stability Authority, the
Good Neighbor Planning Alliances and the Buffalo Board of Block Clubs.
ADOPTED
NO. 146
Sponsor: Mr. Kearns
CITY REPRESENTATIVE ON THE ERIE COUNTY GREENWAY FUND STANDING COMMITTEE
Whereas: The Niagara River Greenway Commission was created by the State of New York to develop a management
plan for the Niagara River waterfront from Lake Erie to Lake Ontario; and
Whereas: The plan must be unanimously approved by the cities of Buffalo, Niagara Falls, Tonawanda and North
Tonawanda, the villages of Lewiston and Youngstown and the Towns of Tonawanda, Grand Island, Wheatfield, Niagara,
Lewiston and Porter; and
Whereas: Under the New York Power Authority Agreement (NYPA), an Erie County Greenway Fund Standing Committee
was formed to oversee projects financed by the Erie County Greenway Fund; and
Whereas: The agreement further states that "The Standing Committee shall have sole responsibility for selecting
projects to be financed by the fund and shall ensure the project is consistent with the Greenway Act and the Niagara River
Greenway Plan ";
Whereas: The Erie County Greenway Fund Standing Committee has five representatives, including one appointment
by the City of Buffalo; and
Whereas: The language creating the Erie County Greenway Fund Standing Committee's City appointment is not clear
as to whether the Mayor or Common Council has authority to make the selection as to who will represent the City;
Now, Therefore be it Resolved That:
The Common Council of the City of Buffalo requests the appointment to the Erie County Greenway Fund Standing
Committee be made by the Mayor of the City of Buffalo, subject to approval by the Common Council; and
Be it Further Resolved That:
This item is referred to Hun. Mayor Byron W. Brown and the Commissioner of Economic Development Permits &
Inspections for comments; and
Be it Finally Resolved That:
This item is referred to the appropriate Committee of the Council for further discussion and consideration.
ADOPTED 1 ST RESOLVES; 3 RD RESOLVE - REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
NO. 146
By: Mr. Kearns and Mr. Golombek
SUPPORT THE TRANSMISSION OF THE PRELIMINARY FINAL NIAGARA RIVER GREENWAY PLAN BY THE
NIAGARA RIVER GREENWAY COMMISSION TO THE NYS COMMISSIONER OF PARKS, RECREATION AND
HISTORIC PRESERVATION FOR REVIEW
Whereas: On September 21, 2004, Chapter 460 was approved, enacting Article 39 of the NY Parks, Recreation and
Historic Preservation Law ( "PRHPL "), in relation to establishing the Niagara River Greenway Commission (the
"Commission ") and providing for membership and duties thereof; and
Whereas: The Purpose of the Commission is to undertake all necessary actions to facilitate the creation of a Niagara
River Greenway. The Commission was charged to develop a plan and generic environmental impact statement for the
creation of the Greenway designed to enhance waterfront access, complement economic revitalization of the communities
along the river and ensure the long -term protection and maintenance of the natural, cultural and historic resources of the
Greenway; and
Whereas: The Niagara River Greenway Commission has contracted with a team of consultants led by the firm of
Wendel - Duchscherer to assist the Commission in the development of the plan following the provisions of Chapter 460,
with the aid of the Local Government Advisory Committee and Citizens Advisory Committee to advise on matters of
interest; and
Whereas: A Greenway plan was professionally prepared with an extensive public participation process that involved
numerous residents and civic leaders from throughout the Niagara River Greenway Area; and
Whereas: The Greenway plan establishes a unified vision and a set of principles for the Niagara River Greenway. It
identifies the assets and resources that make up the Greenway. It sets priorities that suggest the types of activities to
target in the near -term. It identifies potential funding sources, partnerships and linkages, and addresses key transportation
issues that affect the Greenway. The Plan also discusses several high priority "implementation concepts" which describe
system -wide approaches and strategies for the Greenway development; and
Whereas: Section 39.07 of the NY PRHPL states in part that "the local legislative body of each city, town, or village
within the boundaries designated by the draft plan must approve the plan following the public hearing or hearings and
before it is submitted to the Commissioner" of the NYS Office of Parks, Recreation and Historic Preservation for approval;
and
Whereas: Local approval of the plan will not impact local autonomy; and
Whereas: Approval of the Plan will lead to a variety of benefits for the Niagara River Greenway Area including but not
limited to strengthening its cultural and historical identity, and providing technical assistance and increased funding
opportunities for projects within the Greenway Area; and
Whereas: The City of Buffalo is a municipality that falls within the boundaries of the Niagara River Greenway Area; and
Whereas: The City of Buffalo has reviewed the Greenway Plan; and
Now, Therefore, Be It Resolved:
That the City of Buffalo supports the vision of the Niagara River Greenway that "The Niagara River Greenway is a world -
class corridor of parks and landscapes that celebrates and interprets our unique natural, cultural, recreational, scenic and
heritage resources and provides access to and connections between these important resources ;" and
Be It Further Resolved:
That the City of Buffalo supports the transmitting of the Preliminary Final Niagara River Greenway Plan by the Niagara
River Greenway Commission to the New York State Commissioner of Parks, Recreation and Historic Preservation for
review.
ADOPTED.
NO. 147
By: Mrs. Russell
CITY OF BUFFALO
LOCAL LAW NO.(2007)
INTRODUCTORY NO. 4 (2007)
A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Taxes and Assessments
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOW:
Section I. That Article 28 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as
follow:
§ 28 -65. When Payable.
The entire local assessment returned on the general tax roll and one -half of the general city tax on said roll shall become
due and payable on the first day of July in each year and may be paid to the director of the treasury during the said month
of July without additions. The remaining one -half of the general city tax on said roll shall become due on said first day of
July, but may be paid to said treasurer on or prior to the thirty -first day of December following without additions.
Whenever said taxes are received by the treasurer through the mails the date stamped by the United States post office at
Buffalo, New York, on the container in which the payment is enclosed, shall determine the time of payment.
Pursuant to the New York State Real Property Tax Law Section 925 -b., the City of Buffalo may adopt a resolution, prior to
the levy of any taxes on real property located within the City of Buffalo, authorizing an extension of no more than five (5)
business days for the payment of taxes without interest or penalty to any resident of the City of Buffalo who has received
an exemption pursuant to subdivision four of section four hundred twenty -five or four hundred sixty -even of the New York
State Real Property Tax Law related to the principal residence located within the City of Buffalo. If such an extension is
granted, and any taxes are not paid by the final due date so provided, those taxes shall be subject to the same interest
and penalties that would have applied if no extension had been granted. A resolution authorizing an extension pursuant to
Section 925 -b of the New York State Real Property Tax Law to those qualified residents as provided in Sections 425 and
467 of the New York State Real Property Tax Law shall be passed by a majority vote of the Common Council subject to
the approval of the Mayor in accordance with Article 3 of the City Charter.
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
Peter Savage
Asst. Corp. Counsel
Note: Matter underlined is new,
Matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 148
Sponsor: Mr. Smith
Co- Sponsor: Mrs. Russell, Mr. Davis, Mr. LoCurto
BRAND -ON SERVICES COMPLIANCE WITH THE LIVING WAGE ORDINANCE
Whereas: In 1999, the City of Buffalo enacted a Living Wage Ordinance, that applies to all service contracts with the
City more than $50,000, and where the employer has more than 10 employees; and
Whereas: On March 24, 2007 the living wage rate will rise to $9.59 with health benefits and to $10.77 without health
benefits; and
Whereas: Brand -On Services has a contract with the City of Buffalo providing services at the Erie Basin Marina and the
City Hall cafeteria; and
Whereas: The Living Wage Commission has determined that the Living Wage Ordinance applies to Brand -On Services
contract at the Erie Basin Marina; and
Whereas: On December 1, 2003, the Living Wage Commission notified Brand -On that it appeared to be covered by the
Living Wage Ordinance and informed Brand -On of its duties under the Ordinance;
Whereas: On March 4, 2005, the Living Wage Commission sent a certified letter to Brand -On informing it that the Marina
Contract was covered by the Ordinance, asking it to comply, enclosing a quarterly report form, employee notice poster,
and asking that the quarterly report form be submitted within 14 days and that the employee notice be posted
immediately; and
Whereas: Additional correspondence was forwarded to Brand -On by the Living Wage Commission on September 19,
2005, June 30, 2006 and July 7, 2006; and
Whereas: Brand -On has never filed a quarterly report, has not posted information regarding the Ordinance and never
responded to the above mentioned communications from the Living Wage Commission; and
Whereas: Based on complaints filed by three employees of Brand -On Services, the Living Wage Commission held a
hearing on December 14, 2006; and
Whereas: Brand -On services was notified of the hearing and advised through their attorney that they would not appear
at the hearing; and
Whereas: Five Living Wage Commissioners heard the case and unanimously determined that Brand -On has violated
the Living Wage Ordinance; and
Whereas: The Living Wage Commission in their decision recommended that Brand -On's Marina Contract be suspended
until Brand -On has made full restitution to their employees; and
Whereas: The Living Wage Commission in their decision further recommended that Brand -On be declared ineligible for
further city contracts for three years or until all penalties and restitution have been paid in full; and
Whereas: Pursuant to the Living Wage Ordinance, the City Department head overseeing the contract subject to a Living
Wage Commission decision has thirty days to impose one or more of the sanctions listed in the Ordinance; and
Whereas: As stated in the Ordinance the Commissioner of Public Works had until January 19, 2007, to choose one or
more sanctions to impose upon Brand -On Services; and
Whereas: To date the Commissioner of Public Works has not made a decision
regarding sanctions for Brand -On Services; and
Whereas: Brand On Services is seeking to renew their lease agreement for operation of the City Hall cafeteria for
another three years; and
Whereas: As the Living Wage Commission has determined that Brand On Services has not complied with the City's
Living Wage Ordinance, the lease agreement with Brand On Services should not be renewed.
Now Therefore Be It Resolved
That in light of the determination made by the Living Wage Commission Brand -On Services should be ineligible for
further City contracts, until the Living Wage Ordinance requirements are addressed for their contact with the Erie Basin
Marina.
Be It further Resolved
That a copy of this Resolution be referred to Brand On Services, the Living Wage Commission and the Commissioner of
Public Works and the Corporation Counsel for their comments.
Be It Finally Resolved
That this item is referred to an appropriate Committee of the Council for further consideration and deliberation of the
requested comments.
REFERRED TO THE COMMITTEE ON FINANCE, COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS.
NO. 149
By: Mr. Smith
FELICITATIONS /IN MEMORIUMS
Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council
as indicated:
Felicitation for WNY Women's Hall of Fame 2007
By Councilmembers Russell & Franczyk & City Clerk Chwalinski
Felicitation for Rev. Jonathan Ruben Staples
By: Councilmembers Davis, Smith & Russell.
Felicitation for Carmella Harper Coleman
By: Councilmembers Smith & City Clerk Chwalinski
Felicitation for Professor Iris Stevenson
By: Councilmember Smith, Council President Franczyk & City Clerk Chwalinski
ADOPTED.
NO. 150
BY: DEMONE A SMITH
APPOINTMENTS COMMISSIONER OF DEEDS
That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2008,
conditional, upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk:
Charles Davis Sr Paul D'Orlando John Bell Sandra Flanders
Total: 4
ADOPTED.
NO. 151
BY: DEMONE A SMITH
APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED
FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES
That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2008,
conditional upon the persons so appointed certifying under oath to their qualifications and filing same with the City of
Buffalo
Deirdre Knightner Aniela Baj
Total: 2
ADOPTED.
NO. 152
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, March 27, 2007 at 9:45 o'clock A.M.
Committee on Finance Tuesday, March 27, 2007 at 10:00 o'clock A.M.
following Civil Service
Committee on Comm. Dev. Tuesday, March 27, 2007 at 1:00 o'clock P.M.
Committee on Legislation Tuesday, March 27, 2007 at 2:00 o'clock P.M.
Special Committees
Spec. Leg. Comm. Mtg. Wednesday, March 21, 2007 at 10:00 o'clock A.M. in Room 1417 City Hall
on the City Demolition Procedure.
Committee on Education Wednesday, March 28, 2007 at 1:00 o'clock P.M. in the Council Chambers.
Special Public Hearing
Committee on Community Dev. Tuesday, March 20, 2007 at 5:30 o'clock P.M. in the Council Chambers on Small
Business Entrepreneurs Are Key to Creating a Unique Vibrant Waterfront.
(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. 153
ADJOURNMENT
On a motion by Mr. Bonifacio, Seconded by Mr. LoCurto, the Council adjourned at 2:50 p.m.
GERALD CHWALINSKI CITY CLERK
BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #3
OFFICE OF THE MAYOR -201 CITY HALL
MARCH 22, 2007
Present:; Byron W. Brown, Mayor; David A. Franczyk, Council President -
Darby Fishkin, Deputy Comptroller, Alisa A. Lukasiewicz, Corporation Counsel -4
The Journal of the last meeting was approved.
NO. 1
1 transmit herewith the Pension Payroll for the Fire Pension Fund for the month of March 2007 amounting to $5,610.00,
and request that checks be drawn to the order of the persons named herein for the amounts stated.
Adopted
Ayes -4. Noes -0.
NO. 2
1 transmit herewith the Pension Payroll for the Police Pension Fund for the month of March 2007 amounting to $5,630.00,
respectively, and request that checks be drawn to the order of the persons named herein for the amounts stated.
Adopted.
Ayes -4. Noes -0.
NO. 3
On motion by Mr. Franczyk, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.