HomeMy WebLinkAbout07-0724 (2)rem V
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
J U LY 24, 2007
Police & Fire Pension
July 19,2007
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 GOLOMBEK JR. - 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, Demons 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
SPECIAL COMMITTEES
BUDGET COMMITTEE: Dominic J. Bonifacio, Jr., Chairman, Brian C. Davis, Richard A Fontana, Joseph Golombek, Jr. Bonnie E.
Russell - Members
MINORITY BUSINESS ENTERPRISE COMMITTEE - ,Demons 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 * **
* *July 24, 2007 * **
2:00 PM
MAYOR
1. Appoint Martin F. Kennedy Commissioner of Assessment & Taxation APP
2. Appt Special Assistant to the Deputy Mayor III (Exempt) CS
3. 2A Appt Bd of Parking APP w /cond
MAYOR — EXECUTIVE
4. 3. Plan Bd- Negative Declaration- 165 -167 Doat St APP
5. 4. Strat Plan -Amend Lease Agmt Btwn COB & M. Grieger and P. Gerace
2
Use of Ft of Bird Ave (Niag)
APP
6. 5. Strat Plan -Amend Lease Agmt Btwn COB and Grassroots 138,142, &144 Jersey (Ell)
APP
7. 6. Strat Plan -Amend Lease Agmt Btwn COB & Grassroots 400 Paderewski (Fill)
APP
8. 7. Strat Plan- Approval of Easement Btwn Verizon NY Inc and BURA - 56 Nash (Ell)
CD
9. 8. Strat Plan -Arise Ministries Req to Use City Owned Vacant Land 849 &
853Tonawanda St(North)
APP
w /cond
10. 9. Strat Plan -CARE Architectural Services
CD
11. 10. Strat Plan- Empire Zone Benefits to Future Homeowners in Sycamore Village
R &F
12. 11. Strat Plan -NYS Dept of Transportation Req Perm Easement 626 Humboldt Pkwy (Mas)
APP
13. 12. Strat Plan -Peace Bridge Expansion Project
CD
14. 13. Strat Plan -Renew Lease Agmt Btwn COB & Mass Comm Ctr 161 Vermont (Niag)
FIN
15. 14. Strat Plan- Response 545 Monroe(Ell)
R &F
16. 15. Strat Plan - Results Neg 829 East Eagle (Fill)
APP
17. 16. Strat Plan - Results Neg 1167 & 1171 East Ferry (Mas)
APP
18. 17. Strat Plan - Results Neg 1484 & 1488 Fillmore (Mas)
APP
19. 18. Strat Plan - Results Neg 220 Hudson(Ell)
APP
20. 19. Strat Plan - Results Neg 341 Fourteenth (Niag)
APP
21. 20. Strat Plan - Results Neg Various City Lots on Townsend Peckham & William St (Fill)
APP
COMPTROLLER
22. 20A. Annual Audit plan - Fiscal Year 2007 -2008
FIN,CC
23. 20B. Bd of Parking- BCAR Management Agreement (CCP #2 07/10/07
FIN
24. 20C Cert of Necessity Bailey Genesee Fire Station (900,000)
R &F
COUNCIL PRESIDENT
25. 21. Bflo Common Council Support -COB Authority to Adjudicate Traffic Violations
R &F
26. 22. Reappoint Russell E. Pawlak -Three Year Term Preservation Bd
R &F
ASSESSMENT
27. 23. BRACO -Req for Refund, Excess Real Property Taxes - 2005 -2006 Tax Year
APP
28. 24. Tax Cancellation 2007 -08 APP
MANAGEMENT INFORMATION SERVICES
29. 25. Calling for Investigation of Double Deductions and Over Billing by Web Based Collections
LEG
30. 26. Appt System Analyst, Prov, (4` step)(Richardson)
CS
PUBLIC WORKS
31. 27. Notification Serial 10173(Waive 45 Days)
R &F
32. 28. Appolo Media Employees Agmt With Wellness Institute
APP
33. 29. Report of Bids -Rep Traffic Signals Bailey Ave(Lov)
APP
34. 30. Report of Bids -Caz Library(South)
APP
35. 31. Report of Bids -Large Valve Replacement Project Var Locations
APP
36. 32. Report of Bids Mass Ave Pump Station (Niag)
APP
37. 33. Report of Bids South Park & Louisiana St Bridge Repairs
APP
38. 34. Report of Bids 2007 Tree Removals
APP
39. 34A Report of Bids grider St Reconstruction (CCP #25 06/26/07)
APP
40. 35. Change in Contract City Hall Facade Reconst Phase I (Ell)
APP
41. 36. Change in Contract Main Tupper Precinct (Ell)
APP
42. 37. Change in Contract Visone Construction #92011217
APP
43. 38. Permission to Enter into Agreements w /NYSDOT Rehab W. Ferry St Lift Bridge(Niag)
APP
44. 39. Permission to Enter into Agreements w /NYSDOT Main St Reconst 198 Scajaquada Exp(Del)
APP
45. 40. Permission to Hire Consultant Bailey Kensington Fire Station Const
APP
46. 41. Permission to Hire Consultant City Court & City Hall
APP
47. 42. Permission to Hire Consultant Reconst 1168 -70 Broadway
APP
48. 43. Permission to Hire Consultant Crane, East Clinton & North Park Library
APP
49. 44. Permission to Hire Consultant New Streets Garage Study
APP
50. 45. Permission to Hire Consultant Police Garage Car Wash Const
APP
51. 46. Permission to Purchase Vehicles Mayor's Impact Team
APP
52. 47. Request Permission to Purchase Vehicles and Equipment
APP W /COND
53. 47A Report of Bids Bailey Genesee Fire Station Job #0674 (Lovejoy)
APP W /COND
POLICE
54. 48. Approval to Purchase Vehicles According to Adopted Budget
APP W /COND
55. 49. Drug Asset Forfeiture Wire Transfers
R &F
56. 50. Appts Report Technician (Perm)(Max)(Keane)(Piazza)
CS
57. 51. Appts Report Technician (Perm) (Max) (Price)(Nasca)
CS
FIRE
58. 52. Purchase 4 Command Vehicles
APP W /COND
CORPORATION COUNSEL
59. 53. Buffalo Civic Auto Ramps Inc Parking Facilities Mngt Agmt
FIN
PERMITS & INSPECTIONS
60. 54. Food Store License 272 Ferry East (Mas)
LEG
61. 54A Food Store License 302 Grant (Niag)
APP
62. 54B Food Store License 3390 Main (Univ)
APP
63. 55. Food Store License 465 Niagara St (Ell)
LEG
64. 56. Restaurant Dance License Renewal 274 Delaware (Ell)
APP
65. 57. Restaurant Dance License Renewal 2192 Niagara(North)
APP
66. 58. Restaurant Dance License Renewal 2426 South Park (South)
APP
67. 59. Second Hand Dealer 1509 Hertel Ave (Del)
APP
68. 59A Used Car Dealer 2788 Bailey Ave (Univ)
LEG
ADMINISTRATION AND FINANCE
69. 59B M. Kearns -J. Pierakos -Bond Requirements
FIN,CC
70. 60. Appt Special Asst to the Commissioner (Exempt)(Leaderstorf)
R &F
COMMUNITY SERVICES
71. 61. Time Extensions of Human Service Contracts
APP
HUMAN RESOURCES
72. 62. Contract for Entrance Level Firefighters Exam
APP
73. 63. Permission to Accept Funds from NYS Dept of Labor Occupational Safety & Health Training
APP
74. 63A. Contract for Mrktg. Comm. Recruitment Frog. for Entrance -Level Firefighter Exam
APP
75. 63B. Contract for Mrktg. Comm. Recruitment Frog. for Entrance -Level Police Off. Candidates
APP
CITY CLERK
76. 64. Liquor License Applications
R &F
77. 65. Leaves of Absence
R &F
78. 66. Reports of Attendance
R &F
79. 67. Notices of Appointments - Council Interns
ADOPT
80. 68. Notices of Appointments - Mayor's Program
R &F
81. 69. Notices of Appointments - Seasonal
R &F
82. 70. Notices of Appointments - Temp. /Prov. /Perm.
CS
83. 71. Appt Clerk, Permanent (3 Step)(Andersen)
CS
MISCELLANEOUS
84. 72. P. Aikin -Req to Purchase 103 Burgard Place
CD,EDPI
85. 73. A. Armstrong- Response Resolution Policy to Take Title to Properties not Receiving Bids at In Rem
Sponsored By CM Bonifacio
LEG
86. 74. D. Bonifacio -The Land Bank Initiative -A Model for Cities
LEG
87. 75. LP Ciminelli -Board Packet Documents July 2007
R &F
88. 76. B. Davis -P. Obersheimer, Appeal of Driveway Application Denial 47 Orton PI
LEG,EDPI,PRES BOARD
89. 77. R. Fontana -Est Policy for City to Take Title to Any Property Not Bid on at
Foreclosure Auction (CCP# 125, 5/1)
LEG EDPI
90. 78. D. Franczyk -Req Fees Waived for the WorldChangers Project
R &F
91. 79. C. Johnson - Notice of Claim 41 Parkridge Ave
R &F
92. 80. M. Kearns - Waterfront Dev. In Relation to Marine Drive Apts
CD
93. 81. J. Picciano -FEMA Determination of 228 Fenton St -in Special Flood Hazard Area(Lov)
CD
94. 81A. B. Rowe - Demolition of Meyer Malting Grain Elevator
CD,EDPI
95. 82. D. Smith -G. Hopkins Taxicab Ordinances and The Structure of Taxicabs
LEG,CC,LIC
96. 83. B. Yuhnke -Req Color Code Added to Chapter 437 -6 Taxi Cabs & Liveries
LEG,CC.LIC
PETITIONS
97. 84. J. Cole, Owner, Use 1221 Lovejoy for a Patio Permit (hrg 7 /31)(Lov)
LEG,CPBD
98. 85. S. Marchione, Owner, Use 2022 Seneca St, for an Outdoor Patio (hrg 7 /31)(South)
LEG,CPBD
RESOLUTIONS
150. 86. Bonifacio Request Dept of PW to Implement Traffic Study -4 Way Stop W.
Delavan at Herkimer
APP
151. 87. Bonifacio LL Intro# 7- 2007 -Amend Charter in Relation to Budget
LEG
152. 87A Bonifacio Home Rule Message Senate Bill# 3531A, Assembly Bill# 06482A
Act to Amend Vehicle and Traffic Law to Adjudicate Traffic Violations
ADOPT
153. 87B Bonifacio Request for Ratification of Milestone #2 if Memorandum of Understanding
between COB, Twn of Ft Erie and the Peace Bridge Authority
APP
154. 88. Davis Set Public Hearing- Proposed Utility Easement 56 Nash St(Ell)
ADOPT
155. 89. Davis Permission to Hang Banner - Northampton St/Comer of Wholers
APP
156. 90. Davis Proposed Utility Easement 56 Nash St(EII)(Hrg 9/4)
CD
157. 90A Davis Permission to hang banner on Washington and Pearl Sts
APP
158. 91. Davis Shift of Operations into Empire Zone
APP
159. 91A Davis Appoitment of Leg Aide (Morrisroe)
APP
160. 91 B Davis Capital Budget Amendment Capital Frog 2007
APP
161. 91C Fontana Flood Insurance
ADOPT
162. 92. Franczyk Waive Fees for WorldChanges Project
APP
163. 92A Franczyk Request to Excuse Golombeckfrom Meeting of 07/24/2007
ADOPT
164. 92B Franczyk Waive Building Permit fees for the Buffalo Zoo
APP
165. 93. Golombek Appt Legislative Assistant (Sandra SF Battle)
APP
166. 93A Golombek Appt Legislative Assistant (Von Der Empton)
APP
167. 93B Golombek Appt Assistant Legislative Aide (Fracos)
APP
168. 93C Golombek Ordinance Amendment - Chapter 437 Taxicabs and Liveries
LEG
169. 93D Golombek Permission to Hang Banner Across Elmwood Avenue
APP
170. 93E Golombek Discharge Item from Comm on CD (CCP #5 7/10/07)
APP
171. 93F Golombek Discharge Item from the Comm on CD (CCP #77 7/10/07)
APP
172. 93G Golombek Discharge Item from the Common CD (CCP #78 7/10/07)
APP
173. 94. Kearns Perm to Hang Planters on Hayden St
LEG,PW,CC
174. 94A LoCurto Appointment of Asst Legislative Aide (Burakowski)
APP
175. 95. Russell Budget and Personnel Amendment CM# 2
APP
176. 95A Russell Budget and Personnel Amendment Councilmember #13
APP
177. 95B Russell Budget and Personnel Amendment City Clerk
APP
178. 96. Russell Establishing A Text a Tip Program in Buffalo ADOPT 1 2 RES REM TO LEG
179. 97. Russell Gloria Parks Community Center Lease
APP
180. 98. Smith In Support of Senate Bill# 54520 -An Actto Amend Executive Law and Law
in Relation to Creating Minority and Women Owned Business Ent Advocate
ADOPT
181. 98A Smith Support Repealing Section 590.11 of the NYS Labor Law to Provide Unemployment
Benefits to Non Professional School Employees Btwn Terms
ADOPT
182. 99. Smith Felicitations in Memoriums
ADOPT
183. 100. Smith Comm of Deeds
ADOPT
184. 101. Smith Comm of Deeds Public Performance
ADOPT
SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETING
CIVIL SERVICE
99. 1.Com 19 July 10 Appt Police Lieutenant (Cont) (Perm)(Pol)(Piech)
APP
100. 2.
Com 20
July 10 Appt Police Detective (Cont Perm)(Pol)(Biggs)
APP
101. 3.
Com 25
July 10 Appoint Account Clerk Typist, Perm (Inter)(Fire)(Sole)
APP
102. 4.
Com 33
July 10 Appoint Director of Employee Relations, Exempt (HR)(Scott)
R &F
103. 5.
No 40
July 10 Notices of Appointments - Temp /Prov /Perm(Cty Clerk)
R &F
FINANCE
104. 6.Com
1July 10 Buffalo
Civic Auto Ramps, Inc. 1 and 2od RFP (Bd of Pkg)
RECOMMIT
105. 7.Com
2July 10 Buffalo
Civic Auto Ramps, Inc - Management Agreement(Bd of Pkg)
RECOMMIT
106. 8.Com
3July 10 Status of Downtown Parking Situation(Bd of Pkg)
RECOMMIT
107. 9.Com
7July 10 Response
J. Ostrowski- Purchase /Rental Fairfield Library(Strat Plan)
R &F
108. 10.
Com 15
July 10 Grider St Reconstruction Corrected Bid Total (Mas)(PW)
R &F
109. 11.
No 47
July 10 B. Davis -A. Gertstm an -G rider St Bid - Acadia Site Contracting
R &F
110. 12.
No 48
July 10 B. Davis - (EDPI) RFP Deconstruction of up to Ten Residential Properties
R &F
111. 13.
Res 128
July 10 Calling for Investigation of Double Deductions and Over Billing by Web
R &F
112. 14.
No 67
July 10 Bids Grider St Reconstruction (Mas)(PW)(# 25,6/26)
R &F
113. 15.
No 65
May 15 J. Ostrowski- Purchase /Rental of the Fairfield Library
R &F
114. 16.
Com 44
June 26 J. Ostrowski- Purchase Rental of the Fairfield Library(EDPI)
R &F
COMMUNITY
DEVELOPMENT
115. 17.
Res 123
July 10 Req Approval LDA -832 Sycamore (Fill)(hrg 7/24)
APP
116. 18.
Res 124
July 10 Set Public Hrg -Req to Approve LDA -832 Sycamore (Fill)
ADC
117. 19.
Com 5
July 10 Req to App LDA 832 Sycamore -Sale of Land (Fill)(Strat Plan)
APP
118. 20.
Com 6
July 10 Transfer 493, 503,541 & 543 Seneca and 479 & 481 Alabama
From COB to BURA(EII) (Strat Plan)
APP
119. 21.
Com 8
July 10 Urban Homestead Renewal Plan Revised
List of City BNRC and BURA Property(Strat Plan)
APP
120. 22.
No 52
July 10 J. Golombek -Bass Pros and Cons Discussion 6/20/2007
R &F
121. 23.
No 53
July 10 M. Kearns - Clinton Calls on FEMA to Update Bflo
Floodplain Maps
R &F
122. 24.
Com 15
May 1 MBBA Liens Charged Off and MBBA Liens Ret. (Assess/Tax)
R &F
123. 25.
Res 133
Apr 3 Vacant Property Inventory (Exc. 1 & 2 Res)
R &F
124. 26.
No 57
May 15 J. Fink - Homeland Security Decision Seen As Costly
R &F
125. 27.
Res 121
Apr 3 Supp. Ext. of Metro Rail to Cobblestone District
Exc. 1 & 2 Res)
R &F
126. 28.
No 58
June 12 M. Clarke- Establishing a Land Bank Entity
R &F
127. 29.
No 96
May 15 Results Neg. -84 Waverly (Masten) (Strat. Plan.)( #16,4/3)
APP
128. 30.
Res 106
May 15 Support Bflo. Zoo Grant Application (Exc. 1 Res.)
ADC
129. 31.
No 110June
26 Results of Negotiations -47 Grider (Masten)(Strat Plan)( #10,6/12)
APP
130. 32.
No 111
June 26 Results of Negotiations -444 Woodlawn (Masten)(St Plan)( #13,6 /12)_RECOM
MIT
LEGISLATION
131. 33.
No 59
July 10 R. Lucchino, Owner, Use 937 Elmwood Avenue, Remodal Interior
of Restaurant(hrg 7/17)
APP
132. 34.
No 60
July 10 E. Buscaglia, Owner, Use 1991 Seneca Street, Expand & Remodal
B. Kwik to Include Sit In Restaurant(hrg 7/17)
APP
133. 35.
No 61
July 10 J. Close, Agent, Use 821 Elk St for a Ground Sign(Lov)(no pub hrg)
APP
134. 36.
No 49
July 10 B. Davis -R. Gallagher - Relocation of Alcohol & Drug Dependency Services Inc
R &F
135. 37.
No 51
July 10 J. Golombek- Findings and Recommendations by The Living Wage Comm
R &F
136. 38.
Res 119
July 10 Permission to Designate Niagara St. to A- Venida
San Juan -Via Trailblazing Signage
APP
137. 39.
Res 130
July 10 Non - Applicabilty of the Lord Mansfield Rule in NYS
ADC
138. 40.
No 65
June 26 B. Davis - Molina Notice of Claims
R &F
139. 41.
Res 171
Mar 6 University Heights Quality of Life Initiative (3 Res. Only)
R &F
140. 42.
Com
32 Mar 20 Food Store License -535 Broadway (Ell) (EDPI)
APP
141. 43.
Com
19 Feb 20 Food Store License -2140 Seneca (South) (EDPI)
APP
142. 44.
Com
34 May 1 Scrap Processor- 540 East Delavan (Masten) (EDPI)
RECOMMIT
143. 45.
Com
40 May 1 Wholesale Junk Dealer -540 East Delavan (Mas) (EDPI)
RECOMMIT
144. 46.
Com
40 May 29 Wholesale Junk License -41 Hannah (Fill)(Resubmit)(EDPI)
APP
EDUCATION
145. 47.
Com 42
May 1 Composite Report on District Dropouts (Bd Ed)
R &F
146. 48.
Com 43
May 1 G. Crosby -K. Kula- Lorraine Elementary in need of Reconstruction
R &F
147. 49.
Com 38
Apr 3 District Suspension Data (Sept. 07 -Jan. 07) ( Bd. Ed.)
R &F
148. 50.
No 59 Apr 3
D. Smith - Montessori Parents' Assn. -Req. Mtg. Discuss Consolidation
of Montessori Schools
R &F
149. 51.
No 48 Apr 17
M. Kearns -K. Kula- Lorraine Elementary in Need of Reconstruction
R &F
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, JULY 24, 2007
AT 2:00 P.M.
PRESENT - David A. Franczyk, President of the Council, and Council Members Bonifacio, Davis, Fontana, Kearns, LoCurto,
Russell and Smith - 8.
ABSENT - Golombek - 1
On a motion by Mr. Bonifacio, seconded by Mr.Fontana, the minutes of the stated meeting held on July 10, 2007 were approved.
FROM THE MAYOR
No. 1
Appoint Martin F. Kennedy
Commissioner- Department of
Assessment and Taxation
Pursuantto Article 8, section 8 -2 of the Charter of the City of Buffalo, we hereby appoint Martin F. Kennedy, 124 Tuscarora Road, Buffalo,
New York, 14220 to the position of Commissioner of Assessment and Taxation of the City of Buffalo.
Mr. Kennedy has 17 years of experience as an Assessor with the Department of Assessment and Taxation. He currently supervises the
exemption office, which is responsible for real property tax exemptions for churches, not - for - profit organizations, schools and hospitals and
exemptions for senior citizens, veterans disabled persons, all basic STAR and enhanced STAR exemptions, business and commercial
exemptions and the Empire Zone exemptions.
Mr. Kennedy is knowledgeable in mass appraisal and appraisal of both residential and commercial property and has in depth knowledge of the
Real Property Tax Law as it pertains to exemptions from real property taxes.
We hereby certify that Martin Kennedy is well qualified to discharge the duties of Commissioner of
Assessment and Taxation of the City of Buffalo.
We urge this Honorable Body to confirm Mr. Kennedy as the Commissioner of Assessment and Taxation at its earliest opportunity.
Mr. Bonifacio moved:
That the above communication from the Mayor dated July 17, 2007, be received and filed, an
That the appointment of Martin F. Kennedy as Commissioner of the Department of Assessment and Taxation, be and hereby is approved.
PASSED
AYES —8 NOES —0
NO. 2
Certificate of Appointment
Appointment Effective July 13, 2007 in the Department of Executive Division of Mayor to the position of
Special Assistant to the Deputy Mayor III Exempt Appointment Flat Starting Salary of $35,000
Michael G Graham 1995 Delaware Ave #2C Buffalo, NY 14216
REFERRED TO THE COMMITTEE CIVIL SERVICE
NO. 3
Appointment -
Board of Parking
Pursuantto Section 18 -35, Section 109 -Q, Local Law 4 of the City Charter, I hereby appointthe following individuals to serve on the Board of
Parking for a 5 year term, commencing immediately and expiring June 30, 2012:
Appointments:
Susan M. Gonzalez, 311 Lakefront Blvd., Buffalo, New York 14202
Susan M. Gonzalez is currently serving as the Director of Recreation and Programming in the Department of Community Services and also is
the Coordinator of Special Events for the City of Buffalo.
Timothy Cochrane, 137 Chatham, Buffalo, New York 14216
Timothy Cochrane has 14 years experience as a Senior Client Executive at Brown & Brown of Western New York located at 200 John James
Audubon Parkway. Brown & Brown is an independent insurance intermediary that provides a variety of insurance and reinsurance products
and services to corporate, public entity, institutional, trade, professional associations and individual clients.
I hereby certify that the above named individuals are fully qualified to serve as members of the Board of Parking.
Mr. Bonifacio moved:
That the above communication from the Mayor dated July 23, 2007, be received and filed, and
That the appointments to the Board of Parking for five (5) year terms, commencing immediately of Susan M. Gonzalez, 311 Lakefront
Boulevard and Timothy Cochrane, 137 Chatham are hereby approved on the condition that they do not owe any outstanding liens to the City
of Buffalo.
PASSED
AYES — 8 NOES — 0
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
NO. 4
NEGATIVE DECLARATION
NOTICE OF DETERMINATION OF NON - SIGNIFICANCE
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental Quality Review)
of the Environmental Conservation Law.
LEAD AGENCY City of Buffalo Planning Board
Room 901, City Hall
65 Niagara Square
Buffalo New York 14202
As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment:
Type of Action: Unlisted - Uncoordinated
Bethlehem Missionary Baptist
Church, Parking Lot 165 -167 Doat
Street, Buffalo, New York
Description: Bethlehem Missionary Baptist Church is proposing to construct a new parking lot on a vacant and unpaved small parcel of land
located at 165 -167 Doat Street on the city's eastside. The new parking lot is located on the south side of the building and is estimated to be
approximately six thousand, eight hundred square feet (6,800). The parking lot will include eighteen (18) parking spaces, two being handicap
spaces. Two new lights and drainage are included in this project. The project will be funded privately and cost approximately $60,000 dollars.
As a result of this Environmental Review, the Lead Agency has determined the undertaking of this action will not have a significant adverse
impact on the quality of the environment. No further environmental review of this action will be conducted priorto project implementation and a
Draft Environmental Impact Statement will not be prepared.
Reasons Supporting This Determination: The facts and reasons for this decision are as follows: The proposed parking lot will clean up
debris and weeds from the site and provide the church with necessary off - street parking. It will also provide a safe, lighted area for the church
members and staff to park during evening activities and visually improve the area. The identified potential negative impacts appear to be
primarily short-term site preparation and construction related activities, and do not appear to be significant in magnitude or effect. There are no
actions, which will have a significant adverse impact on the environment.
For further information relative to this Negative Declaration, contact Mr. Martin Grunzweig, Land Use Controls Coordinator, Room 901 City
Hall, Buffalo, New York 14202 - 716 851 -5085.
Environmental Management Commission
City of Buffalo Economic Development, Permits and Inspections
City of Buffalo Public Works, Parks & Streets
Mr. Bonifacio moved:
That the above communication dated July 3, 2007, be received and filed, and
That the Common Council does hereby adopt the Negative Declaration, Notice of Determination of Non - significance for the Bethlehem
Missionary Baptist Church, parking lot in accordance with Article 8 of the New York State Environmental Quality Review Act of the New York
State Environmental Conservation Law (SEQRA) and 6 N.Y.C.R.R. Part 617.
Passed.
AYES — 8 NOE S- 0
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 5
Amend Lease Agreement Between the City of Buffalo,
Michael Geiger and Peter Gerace for use of the
Foot of Bird Avenue
Niagara District
Item No. 10, C.C.P. 1110106
The Office of Strategic Planning, Division of Real Estate, has received a request from Mr. Michael Geiger to amend the above captioned
lease agreement. Mr. Geiger has advised this office that Mr. Peter Gerace is no longer a partner. He is also requesting that the Lessee's name
be changed to Qual -Econ Leasing Co., Inc. Michael J. Geiger, President), 14 Colonial Drive, Tonawanda, New York 14150.
All other terms of the lease agreement will remain the same. This office is requesting that Your Honorable Body approve the above - mentioned
request, that the Corporation Counsel's Office prepare the necessary documents to amend the lease and authorize the Mayor to execute the
same.
Mr. Bonifacio moved:
Thatthe above communication from the Office of Strategic Planning dated July 2, 2007, be received and filed, and
Thatthe Director of Real Estate be, and he hereby is authorized to amend the above lease as more fully described above. All other terms and
conditions of said lease agreement shall remain the same. Thatthe Corporation Counsel be authorized to prepare the necessary documents
to amend the lease and that the Mayor be authorized to execute the same.
PASSED
AYES — 8 NOES — 0
NO. 6
Amend Lease Agreement Between City of Buffalo
And Grassroots Gardens of Buffalo to Include
138, 142 & 144 Jersey
Ellicott District
Item No. 4, C.C.P. 101312006
The Office of Strategic Planning, Division of Real Estate, has received a request from the Grassroots Gardens of Buffalo to amend their lease
agreement to include the following properties:
138 Jersey (50 x 56)
Niagara /Jersey Address Sponsor
Block Club
All other terms and conditions
of the lease approved by the 142 Jersey (34 x 56) Ana Church, 490
Common Council on October, Prospect,
3, 2006 for the period of 144 Jersey (34 x 56)
September 1, 2006 through Buffalo, NY 14201
October 31,20 10, shall remain
the same.
I am recommending that Your Honorable Body approve amending the lease agreement between the City of Buffalo and Grassroots Gardens
of Buffalo to include the above - mentioned parcels. I am further recommending that the Corporation Counsel's Office be authorized to prepare
the necessary documents to amend the lease and that the Mayor be authorized to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning dated July 2, 2007, be received and filed, and
That the Director of Real Estate be, and he hereby is authorized to amend the above lease as more fully described above to include the
additional properties as listed above. All other terms and conditions of said lease approved by the Common Council on October 3, 2006 for the
period of September 1, 2006 through October 31, 2010 shall remain the same. That the Corporation Counsel be authorized to prepare the
necessary documents to amend the lease and that the Mayor be authorized to execute the same.
PASSED
AYES — 8 NOES — 0
NO. 7
Amend Lease Agreement Between City of Buffalo
And Grassroots Gardens of Buffalo to Include
400 Paderewski Drive
Fillmore District
Item No. 4, C.C.P. 101312006
The Office of Strategic Planning, Division of Real Estate, has received a request from the Grassroots Gardens of Buffalo to amend their lease
agreement to include the following property:
ADDRESS SPONSOR
400 PADEREWSKI DRIVE (78'X 75') We Care Neighborhood Block Club
Ms. Elizabeth Triggs, P.O. Box 813,
Buffalo, New York 14201
All other terms and conditions of the lease approved by the Common Council on October 3, 2006 for the period of September 1, 2006 through
October 31,2010, shall remain the same.
I am recommending that Your Honorable Body approve amending the lease agreement between the City of Buffalo and Grassroots Gardens
of Buffalo to include the above - mentioned parcel. I am further recommending that the Corporation Counsel's Office be authorized to prepare
the necessary documents to amend the lease and that the Mayor be authorized to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning dated July 16, 2007, be received and filed, and
That the Director of Real Estate be, and he hereby is authorized to amend the above lease as more fully described above to include the
additional property of
400 Paderewski Drive. All other terms and conditions of said lease approved by the Common Council on October 3, 2006 for the period of
September 1, 2006 through October 31, 2010 shall remain the same. That the Corporation Counsel be authorized to prepare the necessary
documents to amend the lease and that the Mayor be authorized to execute the same.\
PASSED
AYES — 8 NOES — 0
NO. 8
APPROVAL OF EASEMENT -56 NASH
BETWEEN VERIZON NEW YORK, INC. AND
THE BUFFALO URBAN RENEWAL AGENCY
The City of Buffalo Urban Renewal Agency (hereinafter referred to as "Agency ") approved a proposed Utility Easement Agreement between
the Agency and Verizon New York, Inc. - 56 Nash Street.
The Agency has also determined that the proposed Utility Easement Agreement negotiated by the Agency and Verizon New York, Inc. is
satisfactory.
Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary for your Honorable
Body to set a date for a public hearing, and to direct the publication of a notice of said hearing. In the interest of time and anticipating that Your
Honorable Body is willing to expedite this matter, I have taken the liberty to prepare a Resolution together with a Notice of Public Hearing for
your action.
Forwarded separately are the following documents:
1. Resolution setting Public Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Utility Easement Agreement
After the Public Hearing is held, Your Honorable Body may adopt a Resolution approving the attached Utility Easement.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 9
Arise Ministries Request to Use City -Owned Vacant Land Located at 849 Tonawanda Street
33' South of Saratoga
Lot Size: 33 x 140, Assessed Value $4,600 and 853 Tonawanda Street
South Corner of Saratoga
Lot Size: 33 x 140, Assessed Value $4,600
North District
The Office of Strategic Planning, Division of Real Estate, has received a requestfrom Pastor Frank Vitello
of Arise Ministries, 25 Calumet Place, Buffalo, New York 14207 to use 849 & 853 Tonawanda Street for
community outreach.
Arise Ministries intends to erect a 30 x 60 tent for the weekend of August 10 -12, 2007 and offer music, kids games, food, etc. They have
agreed to obtain and provide proof of insurance in the amount of $1,000,000.00 naming the City of Buffalo as additional insured and will be
responsible for all garbage disposal. The Land Use Planning Committee was contacted and they have no objections.
I am recommending that Your Honorable Body approve the request of Arise Ministries to use 849 & 853 Tonawanda Street, upon the above
terms and conditions. I am further recommending thatthe Office of Strategic Planning prepare and execute the necessary use agreement.
Mr Bonifacio moved
Thatthe above communication from the Office of Strategic Planning dated June 28, 2007, be received and filed, and
Thatthe Director of Real Estate be, and he hereby is authorized to grantthe request of Arise Ministries to use 849 and 853 Tonawanda Street,
upon the terms and conditions as listed above. That the Office of Strategic Planning prepares and executes the necessary use agreement,
with the following conditions:
1. No amplifiers, loudspeakers or any other form of amplification will be used during the course of the event.
2. Arise Ministries will obtain and provide proof of insurance in the amount of $1,000,000 naming the City of Buffalo as additional
insured.
3. Arise ministries will be responsible for all garbage pickup and removal at the site and will return the property to its pre -use condition.
PASSED
AYES — 8 NOES — 0
NO. 10
CARE Architectural Services
Please acceptthe attached items, per Common Council Member Demone A. Smith's request, as it relates to the Commercial Area
Revitalization Effort (CARE) Architectural Services.
1. Request for Proposal Ad published in the Buffalo News.
2. Architectural Consulting Services /RFP.
3. Minutes from the Buffalo Economic Renaissance Corporation (BERC) Board of Director's Meeting approving Young
Architectural, LLC.
4. Memorandum dated May 1,2007 relative to the selection process.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 11
Empire Zone
BENEFITS SYCAMORE VILLAGE
Please accept the attached response to Council Member Michael LoCurto's inquiry as it relates to Empire Zone
benefits available to future homeowners in Sycamore Village.
Empire Zone
A question was raised at the Common Council Committee on Finance meeting regarding the Empire Zone benefits available to future
homeowners in Sycamore Village.
Pursuant to Section 485(e) of the Real Property Tax Law, owners will be entitled to a real property tax exemption for the increase in assessed
value attributable to the improvements on the property. As an exemption, the property owner does not have to pay taxes on the increased
value of the property during the exemption period. The amount of the exemption is 100% for the first 7 years, 75 % in year 8, 50% in year 9
and 25% in year 10.
The tax exemption available pursuant to Sec. 485(e) is different than the benefits available to a QEZE or qualified empire zone entity. QEZE's,
entities that have met certain eligibility criteria, pay full taxes to the City and County, and then receive reimbursement from New York State in
the form of an income tax credit.
RECEIVED AND FILED
NO. 12
PERMANENT EASEMENT
626 HUMBODT
New York State Department of Transportation Request
Permanent Easement PIN 5512.43.201 PROC 12916
Route 33 /Kensington Expressway Arterial Highway
Map 1281, Parcel 1284 PE & 1285 PE -626 Humboldt
Pkwy. - Masten District
The Office of Strategic Planning, Division of Real Estate, has received a notice from the New York State, Department of Transportation
( NYSDOT), that they will need a permanent easement from the City of Buffalo for the City owned lot located at 626 Humboldt Parkway for
reconstructing and maintaining the pedestrian overpass across the Kensington Expressway. The lot is adjacent to the Kensington
Expressway.
The City owned property in question is presently being leased for One Dollar to the Faith Baptist Church. The Church uses the property for a
playground area. This office will contact the Church and advise them that they need to remove their playground equipment from the leased
premises prior to June 1,2008 and that the area will not be available for use for approximately two years. The lease agreement is for a period
of 5 years terminating on June 30, 2008. Pursuant to the lease agreement, either party may terminate the lease upon thirty days written notice
served personally or by certified mail.
The NYSDOT has submitted an appraisal report and is offering $19,550.00 for the permanent easement of PIN 5512.43.201, PROC 12916 -
Route 33 /Kensington Expressway Arterial Highway, Map 1281, Parcels 1284 PE & 1285 PE (626 Humboldt Pkwy) as follows:
1. Map 1281, Parcel 1284 approximately 17,118 sq. ft. and Map 1281, Parcel 1285 approximately 8,071 sq. ft., which will be used for a
pedestrian overpass, in the amount of $11,375
2. Damages to trees, asphalt and fence in the amount of $7,500.00.
3.Cost to cure (re- enclose fence) in the amount of $675.00.
The City of Buffalo Appraisal Review Board has reviewed the appraisal report that was submitted by NYSDOT and concurs with the appraiser's estimate of value in
the amount of $19,550.00.
1 am recommending that Your Honorable Body approve the offer of $19,550.00 from the NYSDOT for the permanent easements of PIN
5512.43.201; PROC 12916 Route 33 /Kensington Expressway Arterial Highway, Map 1281, Parcels 1248 PE and 1285 PE (approx. 25,189 sq.
ft). I am further recommending that the Corporation Counsel review the Offer and Agreement, and if acceptable, that the Mayor be authorized
to execute the same.
Mr. Bonifacio moved:
That the above communication from the Department of Strategic Planning dated July 16, 2007, be received and filed, and
Thatthe Common Council approve the offer of $19,550.00 from the NYSDOT for the permanent easements of PIN 5512.43.201, PROC 12916
Route 33 /Kensington Expressway Arterial Highway, Map 1281, Parcels 1248 PE and 1285 PE (approx. 25, 189 sq. ft). That the Corporation
Counsel review the Offer and Agreement, and if acceptable, that the Mayor be authorized to execute the same.
PASSED.
AYES — 8 NOES — 0
NO. 13
Peace Bridge Expansion Project
At the request of the Peace Bridge Authority, the Mayor's Office of
Strategic Planning hereby submits a Pre -Draft Environmental Impact Statement for the Peace Bridge Expansion Project. This document is
being provided to you as a member of the Partnering Group for the Peace Bridge Expansion Project.
Please review the attached document and provide your comments to the Peace Bridge Authority by August 15, 2007.
After completion of your review and acceptance of the document, the Mayor's
Office of Strategic Planning respectfully requests that Your Honorable Body ratify this document for publication to meet Milestone #2 of the
Memorandum of Understanding between the City of Buffalo, the Town of Fort Erie and the Peace Bridge Authority.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 14
Real Estate
Renew Lease Agreement Between the City of Buffalo
and the Massachusetts Community Center and Development Corporation d /b /a West Side
Community Services for use of Former School #49
Located at 161 Vermont Street
Item No. 65, May 11, 2004
The Office of Strategic Planning, Division of Real Estate, has received a request from James Lonergan, President of the West Side
Community Services requesting to renew their lease agreement for use of 161 Vermont Street.
This lease shall commence retroactively on April 14, 2007 and expire on April 13, 2010, all other terms and conditions of the expired lease
shall remain the same providing funding remains available. The lease terms include but are not limited to the following:
1. No annual rental fee.
2. Either party pay terminate upon 45 days written notice.
3. Lessee shall not sublet without prior written notice from the Department of Public Works, Parks & Streets.
4. Lessee is responsible for payment of % of the total cost for all utilities, including but not limited to gas, water, sewer charges and electricity.
5.The City shall be liable for the remaining % of the total cost of all utilities.
6.The City is responsible for all major repairs and /or structural changes.
7. The Lessee will perform all ordinary maintenance necessary to keep and
maintain the premises and grounds thereof and all equipment, fixtures and appurtenances thereof in good, safe and sound condition.
8. The Lessee will hold the City harmless from any and all liability, in an amount determined by the City's Corporation Counsel's Office.
This office recommends that Your Honorable Body renew their present lease agreement for an additional three -year period commencing
retroactively on April 14, 2007 and terminating on April 13, 2010. 1 am further recommending that Your Honorable Body authorize the
Corporation Counsel to prepare the necessary documents to renew said lease and that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEEE ON FINANCE
NO. 15
RESPONSE
545 MONROE STREET
Item #59, C.C.P. 6112107
In response to the Council item, please note that Devon M. Lawrence, also known as Devon Perry, 547 Monroe St., Buffalo NY 14211,
previously contacted this office in December 2002 with a request to purchase a vacant city lot at 545 Monroe. As part of the standard review
by the Division of Real Estate, the Division of Planning recommended thatthe lot should be withheld from sale because it was located in the
Presidential Heights new housing area. Ms. Lawrence was notified of this determination by letter on December 23, 2002.
On June 7, 2007 she sent a letter, again requesting to homestead the vacant city parcel "between 547 and 537 Monroe ". She claims the lot is
too small to build on and that it is landlocked by other houses. Our records do not concur with her claims.
The city -owned vacant lot at 545 Monroe is next to a privately owned vacant lot at 543 Monroe. Combined, they provide a buildable lot in the
Presidential Heights Project Area.
Ms. Lawrence is in a new build home with a lot having a frontage of 50'. Adding 25' would be inconsistent with existing planning and
development guidelines for the Presidential Heights Project Area.
RECEIVED AND FILED
NO. 16
RESULTS OF NEGOTIATIONS
829 EAST EAGLE, 30' W SMITH
VACANT LOT: 25'X 90' ASSESSED VALUATION:
$1,300 (FILLMORE DISTRICT)
The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 829 East Eagle Street from Ms. Melanie J. Granada,
624 Smith Street, Buffalo, New York 14210. Ms. Granada owns and resides at 624 Smith Street, which is adjacent to 829 East Eagle Street. She intends to
use the vacant lot for additional green space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code violations, taxes or other
liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar vacant lots in the subject area. Sales range from Fifty Cents ($.50) to Ninety -Five Cents ($.95) per
square foot.
The results of our negotiations are that Ms. Granada has agreed and is prepared to pay One Thousand Three Hundred Dollars ($1,300), Fifty -Seven Cents ($.57)
per square foot for the subject property. Ms. Granada has also agreed to pay for the cost of the transfer tax, recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 829 East Eagle Street to Ms. Melanie J. Granada in the amount of One Thousand Three Hundred
Dollars ($1,300). 1 am further recommending that the Office of Strategic Planning prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same Mr. Bonifacio moved:
Thatthe above communication from the Office of Strategic Planning, Division of Real Estate, dated July 17, 2007 be received and filed, and
Thatthe offer from Ms. Melanie J. Granada, residing at 624 Smith Street, in the sum of one thousand and three hundred dollars ($1,300.00) for the purchase of 829
East Eagle Street, be and hereby is accepted, and
Thatthe transfer tax, recording fees and cost of legal description shall be paid by the purchaser, and
Thatthe Office of Strategic Planning 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 — 8 NOES — 0
NO. 17
RESULTS OF NEGOTIATIONS
1167 EAST FERRY, 70.10' E NEVADA
LOT SIZE: 35' X 134'
ASSESSED VALUATION: $3,300
1171 EAST FERRY, 35.05' W MONTANA
OT SIZE: 35' X 138'
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – —
ASSESSED VALUATION: $3,400
(MASTEN DISTRICT)
The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 1167 and 1171 East Ferry Street from Ms.
Monetia Gidney, 1165 East Ferry Street, Buffalo, New York 14211. Ms. Gidney owns and resides at 1165 East Ferry Street, which is adjacent
to 1167 and 1171 East Ferry Street. She intends to use the vacant lots for additional green space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code
violations, taxes or other liens owed to the City by the purchaser.
The Division of Real Estate has investigated the sale of similar vacant lots in the subject area. Sales range from Fifty Cents ($.50) to One
Dollar and Fifty Cents ($1.50) per square foot.
The results of our negotiations are that Ms. Gidney has agreed and is prepared to pay Four Thousand Eight Hundred Dollars ($4,800), Fifty
Cents ($.50) per square foot for the subject properties. She has also agreed to pay for the cost of the transfer tax, recording fees and cost of
the legal descriptions.
I am recommending that Your Honorable Body approve the sale of 1167 and 1171 East Ferry Street in the amount of Four Thousand Eight
Hundred Dollars ($4,800) to Ms. Monetia Gidney. I am further recommending thatthe Office of Strategic Planning prepare the necessary
documents for the transfer of title and that the Mayor be authorized to execute the same.
Mr. Bonifacio moved:
Thatthe above communication from the Office of Strategic Planning, Division of Real Estate, dated July 17, 2007 be received and filed, and
Thatthe offer from Ms. Monetia Gidney, residing at 1165 East Ferry Street, in the sum of fourthousand and eight hundred dollars ($4,800.00)
for the purchases of 1167 and 1171 East Ferry, be and hereby are accepted, and
Thatthe transfer tax, recording fees and cost of legal description shall be paid by the purchaser, and
Thatthe Office of Strategic Planning 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 8 – NOS 0
NO. 18
RESULTS OF NEGOTIATIONS
1484 FILLMORE, 68.75' N WOODLAWN
LOT SIZE: 28'X 127'
ASSESSED VALUATION: $1,900
1488 FILLMORE, 96.50' N WOODLAWN
LOT SIZE: 28'X 127'
ASSESSED VALUATION: $2,600
(MASTEN DISTRICT)
The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 1484 and 1488 Fillmore Avenue from God's
Tabernacle of Praise,
Rev. Cynthia Collins, 1482 Fillmore Avenue, Buffalo, New York 14211. The church is located at 1482 Fillmore Avenue, which is adjacent to
1484 and 1488 Fillmore Avenue. The vacant lots will be used for church parking.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code
violations, taxes or other liens owed to the City by the purchaser.
The Division of Real Estate has investigated the sale of similar vacant lots in the subject area. Sales range from Sixty -Five Cents ($.65) to
Three Dollars ($3.00) per square foot.
The results of our negotiations are that God's Tabernacle of Praise has agreed and is prepared to pay Seven Thousand Dollars ($7,000), One
Dollar ($1.00) per square foot for the subject properties. The church has also agreed to pay for the cost of the transfer tax, recording fees and
cost of the legal descriptions.
I am recommending that Your Honorable Body approve the sale of 1484 and 1488 Fillmore Avenue to God's Tabernacle of Praise in the
amount of Seven Thousand Dollars ($7,000). 1 am further recommending that the Office of Strategic Planning prepare the necessary
documents for the transfer of title and that the Mayor be authorized to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated July 17, 2007 be received and filed; and
That the offer from God's Tabernacle of Praise, Rev. Cynthia Collins, 1482 Fillmore Avenue, in the sum of seven thousand dollars ($7,000.00)
for the purchases of 1484 and 1488 Fillmore, be and they hereby are accepted, and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser, and
That the Office of Strategic Planning 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 8 – NOS 0
NO. 19
RESULTS OF NEGOTIATIONS
220 HUDSON, 130.50' SW FARGO
VACANT LOT: 30'X 166'
ASSESSED VALUATION: $5,000.
(ELLICOTT DISTRICT)
The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 220 Hudson Street from Buffalo Missionary
Pentecostal Church, Rev. Miguel A. Martinez, 224 Hudson Street, Buffalo, New York 14201. The church is located at 224 Hudson Street,
which is adjacent to 220 Hudson Street. The vacant lot will be used for additional green space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code
violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale range from Seventy -Five Cents ($.75)
to One Dollar and Fifty Cents ($1.50) per square foot.
The results of our negotiations are that Buffalo Missionary Pentecostal Church has agreed and is prepared to pay Five Thousand Dollars
($5,000), One Dollar ($1.00) per square foot for the subject property. The church has also agreed to pay for the cost of the transfer tax,
recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 220 Hudson Street to Buffalo Missionary Pentecostal Church in the amount
of Five Thousand Dollars ($5,000). 1 am further recommending thatthe Office of Strategic Planning prepare the necessary documents for the
transfer of title and that the Mayor be authorized to execute the same.
Mr. Bonifacio moved:
Thatthe above communication from the Office of Strategic Planning, Division of Real Estate, dated July 10, 2007 be received and filed, and
Thatthe offer from Buffalo Missionary Pentecostal Church, Rev. Miguel A. Martinez, 224 Hudson Street, in the sum of five thousand dollars
($5,000.00) forthe purchase of 220 Hudson, be and hereby is accepted, and
Thatthe transfer tax, recording fees and cost of legal description shall be paid by the purchaser, and
Thatthe Office of Strategic Planning 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 8 — NOS 0
NO. 20
RESULTS OF NEGOTIATIONS
341 FOURTEENTH, N COR. RHODE ISLAND VACANT LOT: 127'X 116'
ASSESSED VALUATION: $19,900 (NIAGARA DISTRICT)
The Office of Strategic Planning, Division of Real Estate, has received a request to purchase 341 Fourteenth Streetfrom Mr. Ludvig
Pusmucans, 73 Huntington Street, Buffalo, New York 14214. Mr. Pusmucans intends to purchase the vacant lot at 341 Fourteenth for open
storage space for his landscaping /nursery business at 316 -318 Rhode Island Street.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code
violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar vacant lots in the subject area. Sales range from Fifty Cents ($.50) to One
Dollar and Sixty -Six Cents ($1.66) per square foot.
The results of our negotiations are that Mr. Pusmucans has agreed and is prepared to pay Fourteen Thousand Dollars ($14,000), One Dollar
($1.00) per square foot for the subject property. Mr. Pusmucans has also agreed to pay for the cost of the transfer tax, recording fees and cost
of the legal description.
I am recommending that Your Honorable Body approve the sale of 341 Fourteenth Street to Mr. Ludvig Pusmucans in the amount of Fourteen
Thousand Dollars ($14,000). 1 am further recommending thatthe Office of Strategic Planning prepare the necessary documents for the
transfer of title and that the Mayor be authorized to execute the same.
Mr. Bonifacio moved:
Thatthe above communication from the Office of Strategic Planning, Division of Real Estate, dated July 17, 2007 be received and filed; and
Thatthe offer from Mr. Ludvig Pusmucans, residing at 73 Huntington Street, in the sum of fourteen thousand dollars ($14,000.00) for the
purchase of 341 Fourteenth, be and hereby is accepted, and
Thatthe transfer tax, recording fees and cost of legal description shall be paid by the purchaser, and
Thatthe 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 8 — NOS 0
NO. 21
RESULTS OF NEGOTIATIONS VARIOUS CITY LOTS ON TOWNSEND, DETROIT, COT, PECKHAM
& WILLIAM STREET ST. STAN'S HOUSING PROJECT
The Office of Strategic Planning, Division of Real Estate has received a request from McHugh General Contracting /St. Stan's Housing Project
or an entity to be formed to purchase the attached list of City owned vacant lots as described in Schedule "A ", in order to construct market rate
homes.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are no building code
violations, taxes or other liens owed to the City by the purchaser.
The Division of Real Estate has investigated the same of similar residential lots in the subject area. Sales range from $.13 to $.16 per square
foot.
The results of our negotiations are McHugh General Contracting /St. Stan's Housing Project has agreed and is prepared to pay Fourteen
Thousand Dollars ($14,000), $. 16 per square foot to purchase the parcels. They have also agreed and are prepared to pay for the cost of the
transfer tax, recording fees and cost of the legal descriptions.
I am recommending that Your Honorable Body approve the sale of the attached list of properties to McHugh General Contracting /St. Stan's
Housing Project in the amount of Fourteen Thousand Dollars ($14,000). 1 am further recommending that the Office of Strategic Planning
prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated July 18, 2007 be received and filed, and
That the offer from McHugh General Contracting /St. Stan's Housing Project or an entity to be formed to purchase the attached list of City
owned vacant lots as described in Schedule "A ", to construct market rate homes, in the sum of fourteen thousand dollars ($14,000.00), 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 Office of Strategic Planning 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 8 — NOS 0
FROM THE COMPTROLLER
NO.22
ANNUAL AUDIT PLAN -
FISCAL YEAR 2007 -2008
Pursuant to the requirements of Section 7 -5 of the Charter of the City of Buffalo, I hereby submit the Annual Audit Plan for the fiscal year
2007 -2008.
Erie Basin Marina & City Hall cafeteria (Brand -On Services): With a single vendor handling both facilities, we felt it would be useful and
efficient to check both operations simultaneously.
Law Department - legal services engagement process: After noticeable increases in legal fees last year, we believe an examination of the
need for outside counsel is warranted. We will explore whether there are initiatives to reduce the cost of services being provided. This is an
area that has never been looked at before.
Human Resources Department (Division of Compensation and Benefits): We will perform an efficiency and internal control review of the health
care billing process.
Economic Development, Permit and Inspection Services Department - performance: There are various aspects in this department that may be
outdated and ineffectual. We want to look at the internal processes that take the information from the field and move it through City Hall.
Management Information Systems Department- inventory control policy: As thousands of dollars are spent on new equipment each year, it is
reasonable to inspect what goes where and how the replacement schedule is determined.
Electronic Accessories (cellphones, Blackberrys, laptops) and take -home vehicle compliance: City -owned equipment is literally floating around
the City on a daily basis. It is time to develop an inventory of who has what and to ensure that safeguards exist to prevent abuse.
Division of the Treasury - cash management: This should be a routine audit of the checks and balances of the City's daily cash intake system.
Council Council Staff- (as required by Charter Section 7- 5(5)): This will study the time and attendance policies utilized with this exempt group
of employees.
In addition, the Division of Audit will stand ready to conduct timely investigations that may arise in the course of the year as warranted. It is our
goal to route out inefficiencies in City
departments and agencies and address gross improper practices as they arise. As always, if you have any questions, please feel free to
contact this office.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 23
BOARD OF PARKING - BCAR
MANAGEMENT AGREEMENT
ITEM NO. 2, C.C.P., 7110107
The Council has requested a response from the Comptroller regarding the revised Management Agreement submitted by the Board of Parking
for Buffalo Civic Auto Ramps ( "BCAR ") and their continued operation of downtown parking facilities. As the revised agreement was very
recently submitted to this office, we are continuing our review of the document and its terms.
Preliminarily, we find that the services sought by the City were properly solicited. Professional services, such as the management of parking
facilities, need not be let to the lowest (or highest) responsible bidder, but to the proposal that best suits the needs of the bidding agency.
Based on BCAR's history of service and status as a not - for - profit corporation, it is a legitimate agency that can deliver low cost parking for the
users within the Central Business District. Though the Request for Proposals was released in February 2005, it was awarded shortly thereafter
to BCAR and the subsequent period has been spent preparing the contract document and otherwise awaiting Council approval.
We do have concerns over the investment of funds held by BCAR and the proper role of the Comptroller's office in the handling of such
investments. We would expect, in the least, that BCAR follow the City of Buffalo's investment guidelines and other regulations as promulgated
by the General Municipal Law. Further, we would seek greater clarification on the use of funds as they relate to the ramps utilized in
connection with area hospitals.
We also share the concerns raised regarding the agency relationship created by the revised agreement. While we recognize that it is a vital
component of BCAR's ability to provide parking services without sales tax (and reduces operating costs on their purchases), we see the need
to carefully examine the full extent of this relationship on the City of Buffalo. This proposition cannot be entered into lightly and there needs to
be a full understanding of the roles, rights and responsibilities of the parties involved. At this time, we cannot provide an informed opinion of
our conclusions of that relationship.
Notwithstanding the foregoing, we believe the above issues can be worked through and supportthe Board of Parking's efforts to promote safe
and affordable parking in the downtown central business district. If you have any questions, please feel free to contact this office.
REFERRED TO THE COMMITTEE ON FINANCE.
NO.24
CERTIFICATE OF NECESSITY
CAPITAL BUDGET AMENDMENT
AUTHORIZATION FOR ADDITIONAL CAPITAL INDEBTEDNESS
We, Byron W. Brown, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuantto §20 -28 of the Charter, that it is necessary
to authorize an increase in indebtedness for Capital Projects Program, provided by the Common Council prior to January 1, 2007 for the
ensuing fiscal year, by adding the following item:
30320106 - 445100
Capital Projects - Bailey Genesee Fire Station
It is hereby certified, pursuant to Section 3 -19 of the Charter, thatthe immediate passage of the foregoing
Capita! Budget Amendment is necessary.
RECEIVED AND FILED
FROM THE PRESIDENT OF THE COUNCIL
NO. 25
TRAFFIC VIOLOATIONS
BUFFALO COMMON COUNCIL SUPPORT
FOR 535311A06482
Dear Senator Thompson:
I am writing on behalf of the Buffalo Common Council to express supportfor legislation introduced by you in the New York State Senate and
introduced by Assemblywoman Crystal Peoples in the Assembly.
53531 / A06482 - Which would provide the City of Buffalo the authority to adjudicate traffic violationsjust as the suburbs are currently
authorized to do.
The Buffalo Common Council has previously passed a Home Rule Message in support of this item. The passage of this legislation is
importantto the City of Buffalo.
Thank you for your efforts and I lookforward to the successful passage of this legislation by the Senate and the Assembly.
RECEIVED AND FILED.
NO. 26
REAPPOINT MEMBER PRESERVATION BOARD
Please be advised that pursuantto Article II Section 337 -b of the City of Buffalo Preservation Standards, I am reappointing Mr. Russell E.
Pawlak, 1290 Delaware Avenue, Apt. 5D, Buffalo, N.Y. 14209, to another three -year term to the Preservation Board. He has provided
exemplary service to the Preservation Board. Mr. Pawlak's term expires in August 2007, so this re- appointment would extend his term to
August 2010.
RECEIVED AND FILED
FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION
NO. 27
BRACO - I Request for Refund of Excess Real Property Taxes forthe
2005 -2006 Tax Year
On November 30, 1977, an Agreement was executed by the City of Buffalo and the BUFFALO
REHABILITATION ACTION COMPANY, (BRACO -I), a limited partnership, duly organized and existing
pursuantto the provisions of Article V of the Private Housing Finance Law of the State of New York. By the terms of said Agreement, BRACO-
I's real property tax liability was limited as to certain parcels of real property in the City of Buffalo pursuant to and in accordance with Section
236 of the National Housing Act of 1968 and Article V of the Private Housing Finance Law.
Specifically, in accordance with Federal Housing Administration requirements, the Agreement imposes a real property tax ceiling in the
amount of Forty Five Thousand Five Hundred Ninety -Nine Dollars ($45,599.00) on City and County Taxes for the real property identified
therein. Said Agreement further provides that said real property shall be exemptfrom any further similar tax for a period of forty (40) years,
beginning December 30, 1976. Your Honorable Body passed a resolution approving said Agreement and authorizing the tax relief provided
therein on February 6, 1973.
Consequently, if in any one fiscal year the combined City and County real property tax liability exceeds Forty Five Thousand Five Hundred
Ninety -Nine Dollars ($45,599.00), BRACO -1 is entitled to a refund of the excess taxes paid above and beyond said ceiling amount.
The refund is apportioned between the City of Buffalo and the County of Erie, and is
based upon the tax rates prevailing at the time.
The parcels subject to the Agreement are as follows: 210 Alien, 359 Busti, 346 Franklin,
352 Franklin, 74 Grant, 922 Main, 279 Niagara, 231 West, and 87 Whitney.
The application before your Honorable Body pertains to the
2005 -2006 tax year and is broken down as follows: $ 46,938.96
2006 Erie County Real Property Tax $ 6436.69
Total Tax Paid (City & County): $53,375.65
Less Combined Ceiling as per Agreement (45.599.00)
Amount of Overpayment to City & County: $7,776.65
Portion to be refunded by the City of Buffalo
(88% of Total Overpayment Amount): $6,843.45
1 respectfully request that your Honorable Body authorize the Comptroller to issue a property tax refund to BRACO -1 in the amount of Six
Thousand Eight Hundred Forty Three Dollars and Forty -Five Cents ($6843.45). Said amount is the City's portion of the excess real property
taxes paid on the real property listed herein for the 2005 -2006 tax year.
Mr. Bonifacio moved:
That the communication from the Commissioner of Assessment and Taxation, dated July 24, 2007, 2007, be received and filed; and
That the Comptroller be, and he hereby is authorized to issue a property tax refund to BRACO -1 in the sum of six thousand eight hundred and
forty three dollars and forty -five cents ($6,843.45), this amount is the City's portion of the excess real property taxes paid on the real properties
listed for the 2005 -2006 tax year.
Passed.
AYES 8 — NOS 0
NO. 28
TAX CANCELLATION 2007 -08
Adjustments on the General City Tax for 2007 -2008 were made on the following properties (list attached) to
provide for changes due to omitted or incorrect exemptions and assessment errors.
I, therefore, request that a warrant be drawn on General City Charges, Org 17221008 Obj 480101 Tax Adjustment Fund, in favor of the City
for the taxes indicated on the attached list in the amount of $91,804.44.
Mr. Bonifacio moved:
That the communication from the Commissioner of Assessment and Taxation, dated July 19, 2007, 2007, be received and filed; and
That the Comptroller be, and he hereby is authorized to issue a warrant to be drawn on General City Charges Org 17221008 Obj 480101 Tax
Adjustment Fund in the amount of $91,804.44 for adjustments on the General City Tax for 2007 -2008.
Passed.
AYES 8 — NOS 0
FROM THE COMMISSIONER OF MANAGEMENT INFORMATION SYSTEMS
NO. 29
INVESTIGATION OF DOUBLE DEDUCTIONS AND OVER BILLING
BY WEB BASED COLLECTIONS
The City collects over 8,000 payments every month over the web and number of occurrences of double charges average less than 2 each
month
Double charges occur due to slow Internet connections or broken Internet connections. In case of slow Internet connections the bill payer
impatiently backs out of the transaction and resubmit the transaction causing duplication. In the case of a broken Internet connection the bill
payer does not know for sure if their payment was since they do not have a confirmation number, Therefore the payer submits a duplicate
paymentto get a confirmation number,
The City has no proactive mechanical way of determining duplicate charges on credit cards.
The City's Treasury receives a monthly report of web payments which they reconcile with Charge card deposits,
The City's Treasury has ability to issue credits for double or over charges to bill payers credit cards using Credit card processing companies
online facility.
The City's treasury issues the credit on the same day over charge or double charge is reported by the bill payer or the billing department,
The Department of M.I.S. has looked for ways to improve the web payment process and will continue to look for ways to improve it for the
citizens of Buffalo.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 30
CERTIFICATE OF APPOINTMENT
Appointment effective July 16, 2007 in the Department of MIS to the position of System Analyst Provisional, appointment Intermediate,
starting salary of $46,697
Herbert Richardson, 311 Walnut St, Buffalo 14204
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
NO. 31
NOTIFICATION SERIAL #10173
REPEAL NO LEFT TURN ON WEST DELAVAN AVENUE, EAST AND WEST BOUND
AT DELAWARE AVENUE DELAWARE DISTRICT
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing, amending, or repealing existing provisions of
Chapter 479 of the Ordinances, as stated below, to be effective forty five days after the first Council meeting at
which they appear on the agenda as an item business.
That that part of Section 37 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by repealing therefrom the following:
REGULATION OF TURNS
STREET AT INTERSECTION HOURS DIRECTION PROHIBITION
West Delavan Avenue Delaware Avenue at all times east and west bound No Left Turn
This action is being taken to ordinance existing on- street conditions.
RECEIVED AND FILED
NO. 32
APPOLLO MEDIA CENTER
CCP COM. #9 DEC. 26, 2006 - APOLLO MEDIA
EMPLOYEES - AGREEMENT WITH WELLNESS INSTITUTE
Your Honorable Body is requested to extend the current agreement with the Wellness Institute of Greater Buffalo & Western New York and
this Department for the administration of the Apollo Media Center to September 30, 2007.
The certification of incorporation for the Apollo Media Foundation, Inc. have been filed with the New York State Department of State. We are
also preparing new job descriptions, personnel policy, and all other necessary paperwork for the operation. This additional time will allow us to
be ready to move forward with the new operation by October 1, 2007.
Mr. Bonifacio moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated July 9, 2007, be received and filed,
and
That the Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to extend the agreement with the Wellness
Institute of Greater Buffalo & Western New York for the Apollo Media Center.
Passed.
AYES 8 — NOS 0
1250 Broadway St.
Buffalo, NY 14212
1 hereby certify that the lowest responsible bidder forthe above project is CATCQ and I respectfully recommend that Your Honorable Body
authorize a contract award to CATCO in the amount of $2,025,532.45. (Base Bid of $1,929,078.52 + [5% unit price increases] $96,453.93
equals [Total Award] $2,025,532.45.) Funds will be available in our Capital Account for our Local Match Reserve or through an interfimd loan
against the authorized but unissued bonds for Various Traffic Signal Improvements. This bond was authorized as part of the 1999 -2000
Capital Projects program. The engineer's estimate for this work is $2. 1 million and this project is a 95% reimbursed Federal Aid Highway
Project.
Mr. Bonifacio moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated June 26, 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 Replacement of
Traffic Signals on Bailey Avenue, PIN #5756.82, to CATCO, the lowest responsible bidder, in the amount of
$2,025,532.45 (Base Bid of $1,929,078.52 + 5% unit price increases $96,453.93 equals Total Award $2,025,532.45. Funds for the project are
available in Capital Account for Local Match Reserve or through an interfimd loan against the authorized but unissued bonds for Various
Traffic Signal Improvements.
PASSED
AYES — 8 NOES — 0
NO. 34
REPORT OF BIDS
CAZENOVIA BRANCH LIBRARY
ACCESSIBILITY PROJECT
JOB #0736
SOUTH DISTRICT
NO. 33
REPORT OF BIDS
REPLACEMENT OF TRAFFIC SIGNALS
ON BAILEY AVENUE
PIN #5756.82
This is to advise Your Honorable Body that I have advertised and received bids on June 20, 2007
The following bids were received:
Contractor
Base Bid Total Bid Price
CATCO
$1,929,078.52 $2,025,532.45
1266 Townline Road
Alden, NY 14004
Destro & Brothers
$1,935,227.45 $2,031,988.83
411 Ludington St.
Buffalo, NY 14206
South Buffalo Electric, Inc.
$2,363,992.01 $2,482,191.61
1250 Broadway St.
Buffalo, NY 14212
1 hereby certify that the lowest responsible bidder forthe above project is CATCQ and I respectfully recommend that Your Honorable Body
authorize a contract award to CATCO in the amount of $2,025,532.45. (Base Bid of $1,929,078.52 + [5% unit price increases] $96,453.93
equals [Total Award] $2,025,532.45.) Funds will be available in our Capital Account for our Local Match Reserve or through an interfimd loan
against the authorized but unissued bonds for Various Traffic Signal Improvements. This bond was authorized as part of the 1999 -2000
Capital Projects program. The engineer's estimate for this work is $2. 1 million and this project is a 95% reimbursed Federal Aid Highway
Project.
Mr. Bonifacio moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated June 26, 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 Replacement of
Traffic Signals on Bailey Avenue, PIN #5756.82, to CATCO, the lowest responsible bidder, in the amount of
$2,025,532.45 (Base Bid of $1,929,078.52 + 5% unit price increases $96,453.93 equals Total Award $2,025,532.45. Funds for the project are
available in Capital Account for Local Match Reserve or through an interfimd loan against the authorized but unissued bonds for Various
Traffic Signal Improvements.
PASSED
AYES — 8 NOES — 0
NO. 34
REPORT OF BIDS
CAZENOVIA BRANCH LIBRARY
ACCESSIBILITY PROJECT
JOB #0736
SOUTH DISTRICT
I advertised for on June 14, 2007 and received the following formal sealed bids for the Cazenovia Branch Library,
Accessibility Project, on June 28, 2007.
I hereby certify that the foregoing is a true and correct statement of all bids received and that Miller Enterprises with a bid of Forty Seven
Thousand and 00/100 Dollars ($47,000.00), is the lowest responsible bidder in accordance with the plans and specifications.
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the
low bid. Funds for this project are available in 36320506 445100 -Division of Buildings.
Mr. Bonifacio moved:
Thatthe above communication from the Acting Commissioner of Public Works, Parks and Streets dated June 29, 2007, be received and filed,
and
Thatthe Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Cazenovia Branch
Library, Accessibility Project, Job #0736, to Miller Enterprises, the lowest responsible bidder, in the amount of $47,000. Funds for the project
are available in 36320506 445100 - Division of Buildings.
Passed.
AYES — 8 Noes —0
NO. 35
REPORT OF BIDS
LARGE VALVE REPLACEMENT PROJECT
VARIOUS LOCATIONS
Plans and specifications were prepared and sealed proposals accepted for the Large Valve Replacement Project for the Water Distribution
System.
I hereby submit the following report of bids which were received and opened in my office at IIz00 a. m. on July 17, 2007.
C. Destro Development 2255 Bailey Avenue Buffalo, NY 14211 $ 846,600.00
Mar -Wal Construction 440 Gould Avenue Depew, ICY 14043 $ 976,150.00
Kandey Company 19 Ransier Dr. West Seneca, NY 14224 $1,103,950.00
Accadia Site Construction 5636 Transit Road Depew, NY 14043 $1,657,600.00
I certify that foregoing is a true and correct statement of all bids received
and that C. Destro Development is the lowest responsible bidder complying with the plans and specifications.
I respectfully requestthat your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to enter into a contract with C.
Destro Developmentfor the costthereof to be charged to the Division of Water account 53210716 445100 in the amount of $846,600.00 plus
10% for approved unit prices for a total encumbrance of $931,260.00.
Mr. Bonifacio moved:
Thatthe above communication from the Acting Commissioner of Public Works, Parks and Streets dated July 18, 2007, be received and filed,
and
Thatthe Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for Large Valve
Replacement Projects for the Water Distribution System, to C. Destro Development, the lowest responsible bidder, in the amount of
$846,600.00 plus :10% approved unit prices for a total encumbrance of $931,260.00. Funds for the project are available in the Division of
Water account 53210716 445100 - Division of Buildings.
Passed.
Ayes —8 noes — 0
NO. 36
REPORT OF BIDS
NEW NO. 3 PUMP AND MOTOR AT THE
MASS. AVE. PUMP STATION
NIAGARA
Plans and specifications were prepared and sealed proposals accepted for the New NO. 3 Pump and Motor atthe Massachusetts Avenue
Pump Station.
I hereby submit the following report of bids which were received and opened in my office at IIz00 a. m. on July 12, 2007.
John W. Danforth Co. 300 Colvin Parkway Tonawanda, NY 14150 $1,443,000.00
Hohl Industrial Services 770 Riverview Blvd. Tonawanda, NY 14150 $1,603,527.45
I certify that foregoing is a true and correct statement of all bids received
and that John W. Danforth CO. is the lowest responsible bidder complying with the plans and specifications.
I respectfully request that your Honorable Body authorize the Commissioner of
Public Works, Parks and Streets to enter into a contract with John W. Danforth Co. for the cost thereof to be charged to the Division of Water
accounts 53200686 445100 and 53210726 445100 for a total encumbrance of $1,443,000.00.
Mr. Bonifacio moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated July 17, 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 a New No. 3 Pump
and Motor at the Massachusetts Avenue Pump Station, to John W. Danforth Co., the lowest responsible bidder, in the amount of
$1,443,000.00. Funds for the project are available in the Division of Water accounts 53200686 445100 and 53210726 445100.
Passed
AYES —8 NOES — 0
NO. 37
REPORT OF BIDS
SOUTH PARK & LOUISIANA STREET
BRIDGE REPAIRS
This is to advise Your Honorable Body that I have advertised and received bids on July 18, 2007 for the repair of bridge joints, curbs and
sidewalks on the Louisiana Street bridge and the two South Park Avenue bridges between Lee Street and Katherine Street.
The following bids were received:
Contractor Base Bid Alt A Alt B Alt C Total Bid Price
Oakgrove Construction $526,628.00 $24,700.00 $49,260.00 $66,540.00 $667,128.00
PO Box 103
Elms, NY 14059
Ed Bauer Construction $813,449.00 $34,525.00 $77,190.00 $104,210.00 $1,029,374.00
16
4408 Milestrip Road, Suite 253
Blasdell, NY 14219
1 hereby certify that the lowest responsible bidder forthe above project is Oakgrove Construction and I respectfully recommend that Your
Honorable Body authorize a contract award to Oakgrove Construction in the amount of $700.484.40. (total Bid Price Of$667,128.00 +[5 % unit
price increases] $33,356.40 equals [Total Award] $700,484.40.) Funds forthis project are available in our Capital Accounts #30310506-
445100, 30032106 - 445100, 30310306 - 445100 & 13112006 - 44310. The engineer's estimate for this work is $573,895.00.
Mr. Bonifacio moved:
Thatthe above communication from the Acting Commissioner of Public Works, Parks and Streets dated July 18, 2007, be received and filed,
and
Thatthe Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for South Park and
Louisiana Streets, Bridge Repairs, to Oakgrove Construction, the lowest responsible bidder, in the amount of $700,484.40 (total Bid Price of
$667,128.00 + 5% unit price increases, $33,356.40 equals Total Award $700,484.40. Funds for the project are available in Capital Accounts
# 30310506 - 445100, 30032106 - 445100,30310306 - 445100 & 13112006 - 44310.
Passed.
AYES — 8 NOES — 0
NO. 38
REPORT OF BIDS — GENERAL CONSTRUCTION
2007 TREE REMOVALS
CITY WIDE
I advertised on June 18, 2007 and have received the following bids for the 2007 Tree Removals contract, which
were publicly opened & read on July 2,2007
General Contractor Base Bid Unit Bid Increase
Schneck's Tree Removal, Inc. $181,402.00 $199,542.20*
2861 Southwestern Blvd.
Orchard Park, NY 14127
Family, Inc. - Arborturf $214,356.00 $235,791.60
1635 Cloverdale Drive
Lancaster, OH 43130
Scott Lawn & Yard $339,605.00 $373,565.50
5552 Townline Rd.
Sanborn, NY 14132
Looks Great Services No Bid Received
7 Lawrence Road
Hunnington, NY 11743
1 hereby certify the foregoing is a true and correct statement of the bids received and that Schneck's Tree Removal, Inc. of Orchard Park, NY
is the lowest responsible bidder in accordance with the plans and specifications, and that the contract amount is $199,542.20 ( *$181,402.00 +
10% _ $199,542.20)
1 request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of the low
bids. The Engineer's estimate for this work was $202,150.00 and funds for this work are available in account #39311306 - 445100
Mr. Bonifacio moved:
Thatthe above communication from the Acting Commissioner of Public Works, Parks and Streets dated July 18, 2007, be received and filed,
and
Thatthe Acting Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for 2007 Tree
Removals contract, to Schneck's Tree Removal, Inc., the lowest responsible bidder, in the amount of $199,542.20 ( *$181,402.00 = 10
$199,542.20). Funds for the project are available in account #39011306-445100.
Passed.
AYES — 8 NOES — 0
NO. 39
REPORT OF BIDS
GRIDER STREET RECONSTRUCTION
EAST DELAVAN TO LEROY
PIN# 5756.51
ITEM# 25 CCP# 6126107
This is to advise Your Honorable Body that I have advertised and received bids on May 16, 2007.
The following bids were received:
Contractor Base Bid
Accadia Site Contracting, Inc.* $4,752,710.52
5636 Transit Rd.
Depew, NY 14043
Destro & Brothers $4,766,921.60
411 Ludington
Buffalo, NY 14206
Catco $5,154,794.50
1266 Townline Rd.
Alden, NY 14004
*Corrected Total
I hereby certify that the lowest responsible bidder forthe above project is Accadia Site Contracting. Inc. and I respectfully recommend that
Your Honorable Body authorize a contract award to Accadia Site Contracting Inc. in the amount of $4,990,346.05. (Base Bid of $4,752,710.52
+ [5% unit price increases] $237,602.03 equals [Total Award] $4,990,346.05). Funds for this project are available in our Capital Account
#31470006 - 445100. The engineer's estimate for this work is $4,500,000 and this project is a 95% reimbursed Federal Aid Highway Project.
Mr Bonifacio moved
That the Dept of Public Works is hereby authorized to enter into a contract with Accadia Site Contracting Inc in the amount of $4,990,346.05
(Base Bid of $4,752.710.52 & 5% unit increase $237,602.03 totaling $4,990.346.05) Funds for this project are available in Capital Account
#31470006 - 445100.;
PASSED
AYES — 8 NOES — 0
NO. 40
CHANGE IN CONTRACT
CITY HALL
FACADE RESTORATION, PHASE
JOB #0529
ELLICOTT DISTRICT
I hereby submitto Your Honorable Body the following changes for City Hall, Fagade Restoration, Phase I, Progressive/All State JV, C
#92010869).
The foregoing change results in a net decrease in the contract of Fourteen Thousand Eight Hundred Thirty Nine and 07/100 Dollars
$14,839.07)).
Summary:
Current Contract Amount
$3,470,109.58
Amount of This Change Order ( #4)
Deduct $ 14,839.07
Revised Contract Amount
$3,455,270.51
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 38320806 445100 - Division of Buildings.
Mr. Bonifacio moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated July 12, 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. 4, to
Progressive/All State JV, C #92010869, an increase in the amount of $14,839.07, as more fully described in the above communication, for
work relating to Job No. 0529, City Hall, Fagade Restoration, Phase 1, C #92010869. Funds for this project are available in 38320806 445100 -
Division of Buildings.
PASSED
AYES — 8 NOES —0
NO. 41
CHANGE IN CONTRACT
MAIN TUPPER PRECINCT, 'B' DISTRICT
BREEZEWAY ADDITION & RECONSTRUCTION
JOB #0653
ELLICOTT DISTRICT
I hereby submitto Your Honorable Body the following changes for the Main Tupper Police Precinct, 'B' District, Breezeway Addition &
Reconstruction, Miller Enterprises, C #92011200.
Additional excavation required at the new aluminum enclosure
due to the backfill which was used during the original construction. Add $1,794.00
Additional excavation required in the parking lot due
to the poor backfill conditions. Add $4,071.00
Replace concrete adjacent to new enclosure in order
to adjust the pitch of the slabs for a smooth transition. Add $460.00
The foregoing change results in a net increase in the contract of Six Thousand Three Hundred Twenty Five and 00/100 Dollars ($6,325.00).
07i24rz007 have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this
work are available in 35320306 445100 - Division of Buildings.
Mr. Bonifacio moved:
Thatthe above communication from the Acting Commissioner of Public Works, Parks and Streets dated July 16, 2007, be received and filed,
and
Thatthe Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 2, to Miller
Enterprises, C #92011200, an increase in the amount of $6,325.00, as more fully described in the above communication, for work relating to
Job No. 0653, Main Tupper Precinct "B" District, Breezeway: Addition & Reconstruction,
C #92011200. Funds for this project are available in 35320306 445100 - Division of Buildings.
Passed
AYES -8 NOS -0
NO. 42
Change in Contract
Visone Construction
Contract #92011217
1 hereby submit to Your Honorable Body the following change order for this
contract. This change order is to allow the repair of the 36" watermain under the athletic field at Buffalo State College. The work proposed will
provide an alternative water supply to the College allowing the 36" watermain to be taken out of service for the repair. The cost breakdown for
the work is shown below:
I respectfully certify that this change order is fair and equitable for the work involved, and respectfully request that Your Honorable Body
approve the subject change order and authorize the Commissioner of Public Works, Parks & Streets to issue said change orderto Visone
Construction. Permission is requested from Your Honorable Body to authorize the increase in contract of $35,281.00.
Funds are available in a Division of Water account 53023517 473020.
Copy available in the City Clerks office for review
Mr. Bonifacio moved:
- ---------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - —
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated July 17, 2007, be received and filed,
and
That the Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order, to Visone
Construction, C #92011217, an increase in the amount of $35,281.00, as more fully described in the above communication, for work relating to
repair of 36" waterma in under the athletic field at Buffalo State College. Funds forth is project are available in Division of Water account
53023517 473020.
Passed
AYES — 8 NOES — 0
NO.43
PERMISSION TO ENTER INTO AGREEMENTS W /NYSDOT
PROVIDE MATCHING FUNDS
REHABILITATION OF WEST FERRY STREET
LIFT BRIDGE OVER BLACK ROCK CANAL
CITY OF BUFFALO, ERIE COUNTY
PIN # 5756.09
Permission is requested from Your Honorable Body to authorize the Mayor of the City of Buffalo to enter into all necessary agreements with
the New York State Department of Transportation (NYSDOT) for rehabilitation of the West Ferry Street Lift Bridge over the Black Rock Canal -
PIN #5756.09. Also the the City of Buffalo agrees to pay all cost associated with first instance funding and the Federal /Non - Federal shares of
the required project phases.
The City of Buffalo's share of costs for this project is anticipated to be 5 %. Cost estimates for the engineering Design, Construction, Contract
Administration and Inspection Services are estimated at $6.2 million dollars and the City's share of costs will be available in our Capital
Account for Local Match Reserve or a Bond Fund established for this purpose
Mr. Bonifacio moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated July 17, 2007 be received and filed,
and
That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the New York State Department of Transportation
for rehabilitation of the West Ferry Street Lift Bridge over the Black Rock Canal, PIN #5756.09. The City's share of costs anticipated being 5
would be available in Capital Account for Local Match Reserve or a Bond Fund established for this purpose.
PASSED
AYES — 8 NOES — 0
NO. 44
PERMISSION TO ENTER INTO AGREEMENTS W /NYSDOT
PROVIDE MATCHING FUNDS
MAIN STREET RECONSTRUCTION
PHASE II - NY RTE. 198 SCAJAQUADA ESPRESSWAY
TO HERTEL AVENUE
CITY OF BUFFALO, ERIE COUNTY
PIN #5134.03
Permission is requested from Your Honorable Body to authorize the Mayor of the City of Buffalo to enter into all necessary agreements with
the New York State Department of Transportation (NYSDOT) for the Main Street Reconstruction Project, Phase II, NY Rte. 198 Scajaquada
Expressway to Hertel Avenue PIN # 5134.03. Also the City of Buffalo agrees to pay all costs associated with first instance funding and the
Federal /Non - Federal shares of the required project phases
The City of Buffalo's share of costs for this project is anticipated to be 5 %. Cost estimates for the work, including engineering Design,
Construction, Contract Administration and Inspection Services are estimated at $22.5 million dollars and the City's share of costs will be
available in our Capital Account for Local Match Reserve or a Bond Fund established for this purpose.
Mr. Bonifacio moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated July 17, 2007:be received and filed,
and
That the Mayor be, and he hereby is authorized to enter into all necessary agreements with the New York State Department of Transportation
for the Main Street Reconstruction Project, Phase II, NY Route 198 Scajaquada Expressway to Hertel Avenue, PIN #5134.03. The City's
share of costs anticipated being 5% would be available in Capital Account for Local Match Reserve or a Bond Fund established for this
purpose.
PASSED
AYES — 8 NOES — 0
NO. 45
PERMISSION TO HIRE A CONSULTANT
BAILEY KENSINGTON FIRE STATION
CONSTRUCTION
Permission is hereby requested from Your Honorable Body to hire a consultantfor Construction of the Bailey Kensington Fire
Station. This project was approved by Your Honorable Body as part of the Capital Improvement Program. The cost of these services
are estimated to not exceed $250,000 and funds are available in 30320206 445100
Mr. Bonifacio moved:
Thatthe above communication from the Acting Commissioner of Public Works, Parks and Streets dated July 13, 2007 be received
and filed; and
Thatthe Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultantfor
Construction of Bailey Kensington Fire Station. Funds for these services are estimated to not exceed $250,000 and funds are
available in 30320206 445100 Buildings.
Passed.
AYES -9 NOES -0
NO. 46
PERMISSION TO HIRE A CONSULTANT
CITY COURT & CITY HALL
FIRE ALARM SYSTEM
Permission is hereby requested from Your Honorable Body to hire a consultant for City Court & City Hall, Fire Alarm System. This project was
approved by Your Honorable Body as part of the Capital Improvement Program. The cost of these services are estimated to not exceed
$150,000 and funds are available in 30320406 & 30320306 445100 Buildings.
Mr. Bonifacio moved:
Thatthe above communication from the Acting Commissioner of Public Works, Parks and Streets dated July 13, 2007 be received and filed,
and
Thatthe Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultantfor City Court and City
Hall, Fire Alarm System. Funds for these services are estimated to not exceed $150,000 and funds are available in 30320206 445100
Buildings.
PASSED
AYES — 8 NOES — 0
NO. 47
PERMISSION TO HIRE A CONSULTANT
RECONSTRUCTION OF 1168 -70 BROADWAY
Permission is hereby requested from Your Honorable Body to hire a consultant for Reconstruction of 1168 -70
Broadway. This project was approved by Your Honorable Body as part of the Capital Improvement Program. The
cost of these services are estimated to not exceed $30,000 and funds are available in 30320606 445100 Buildings.
Mr. Bonifacio moved:
Thatthe above communication from the Acting Commissioner of Public Works, Parks and Streets dated July 13, 2007 be received and filed,
and
Thatthe Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultantfor Reconstruction of
1168 -70 Broadway. Funds for these services are estimated to not exceed $30,000 and funds are available in 30320606 445100 Buildings.
Passed.
AYES — 8NOES -0
NO. 48
PERMISSION TO HIRE A CONSULTANT CRANE,
EAST CLINTON & NORTH PARK LIBRARY IMPROVEMENTS
Permission is hereby requested from Your Honorable Body to hire a consultantfor Crane, East Clinton and North Park Library Improvements.
This project was approved by Your Honorable Body as part of the Capital Improvement Program. The cost of these services are estimated to
not exceed $60,000 and funds are available in 39320106 445100 Buildings.
Mr. Bonifacio moved:
Thatthe above communication from the Acting Commissioner of Public Works, Parks and Streets dated July 13, 2007 be received and filed,
and
Thatthe Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultantfor Crane, East Clinton
and North Park Library Improvements. Funds for these services are estimated to not exceed $60,000 and funds are available in 39320106
445100 Buildings.
PASSED.
AYES 8 — NOS 0
NO. 49
PERMISSION TO HIRE A CONSULTANT
NEW STREETS GARAGE STUDY:
Permission is hereby requested from Your Honorable Body to hire a consultantfor New Streets Garage Study. This project was approved by
Your Honorable Body as part of the Capital Improvement Program. The cost of these services are estimated to not exceed $250,000 and
funds are available in 30320906 445100 Buildings.
Mr. Bonifacio moved:
Thatthe above communication from the Acting Commissioner of Public Works, Parks and Streets dated July 13, 2007 be received and filed,
and
Thatthe Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultantfor New Streets Garage
Study. Funds for these services are estimated to not exceed $250,000 and funds are available in 30320906 445100 Buildings.
PASSED.
AYES 8 — NOS 0
NO. 50
PERMISSION TO HIRE A CONSULTANT
POLICE GARAGE CAR WASH CONSTRUCTION
Permission is hereby requested from Your Honorable Body to hire a consultantfor Construction of the Police Garage Car Wash. This project
was approved by Your Honorable Body as part of the Capital Improvement Program. The cost of these services are estimated to not exceed
$25,000 and funds are available in 30321106 445100 Buildings.
Mr. Bonifacio moved:
Thatthe above communication from the Acting Commissioner of Public Works, Parks and Streets dated July 13, 2007 be received and filed,
and
Thatthe Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consultantfor Construction of the
Police Garage Car Wash. Funds for these services are estimated to not exceed $25,000 and funds are available in 303201106 445100
Buildings.
PASSED.
AYES 8 — NOS 0
NO. 51
Permission to Purchase Vehicles
Division of Citizen Services
Mayor's Impact!Quick Response /Graffiti Team
Permission is being requested from Your Honorable Body for our department to purchase the following vehicles for the following vehicles for
the Division of Citizen Services:
1. (3) New, 3/4 ton, 4 x 4 crew cab pick up trucks
These vehicles replace the following: CD -25 1993 Ford Pick Up
CD -30 1993 Ford Pick Up
CD -32 1993 Dodge Pick Up
Estimated cost is $27,000.00 ea. for a total of $81,000.00.
2. (1) New Bobcat skid steer loader with trailer, snowplow, bucket and grapple attachments.
Estimated cost is $33,500.00.
3. (1) New, 5 -ton medium size dump truck with 9' dump body.
Estimated cost is $35,000.00.
Total estimated cost for these new vehicle purchases is $149,500.00.
Formal bids will be taken by the Division of Purchase. Funds are available in accounts: #30500106, 30032106 and 24225006 - 434000.
Mr. Bonifacio moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated July 12, 2007 be received and filed,
and
That the Acting Commissioner of Public Works, Parks and Streets and the Director of Purchase be, and they hereby are authorized to
purchase the above - described vehicles for the Division of Citizen Services. That the purchase of these vehicles is approved contingent on the
new vehicles being designated as not authorized for take -home use, marked with the City Seal in accordance with Chapter 53 of the City
Code, and concurrent with use, that the replaced vehicles be removed from City service and disposed of in the best interests of the City.
Funds for these purchases are available in #30500106, 30032106 and 24225006 - 4344000.
PASSED.
AYES 8 — NOS 0
NO. 52
REQUEST PERMISSION TO PURCHASE VEHICLES AND EQUIPMENT
Our department is requesting permission to buy several new trucks and equipment for our Streets Division. Vehicles and equipmentto be
purchased are as follows:
1) (1) Single Axle 20 ton Tow Truck (Replacing Vehicle AF -6005 1988 Ford Tow Truck) Cost $1000,000.00
2) (2) Street Sweepers (Replacing Vehicles 5 -800 & 5 -802 1994 Elgin Sweepers) $300,000.00
3) (3) Front End LoademlHigh Lifts (Replacing Vehicles 5 -504, 5 -507 & 5 -513 1996
John Deere Loaders) $420,000.00
4) (6) Snow Plows with Dump Bodies and Spreader Inserts as Complete Units (Replacing
Vehicles 5 -116 1993 Mack Snow Plow & Vehicle 8R -31 1994 Crane Snow Plow) $900,000.00
5) (2) Tandem Axle Sanitation Truck Chassis $300,000.00
6) (2) Pickup Trucks (Replacing Vehicle 5 -238 1997 Dodge Pickup & Vehicle PW -01S 1994
Chevy Pickup) $ 38,000.00
These prices are estimates and formal bids will be taken,
Funds for these purchases will come from the following capital outlay accounts approved as pad of the 2007 -08 operating budget,
15050007 -- 47420014203007 - 474200 52002607- 474200
Mr. Bonifacio moved:
That the above communication from the Acting Commissioner of Public Works, Parks and Streets dated July 12, 2007 be received and filed,
and
That the Acting Commissioner of Public Works, Parks and Streets and the Director of Purchase be, and they hereby are authorized to
purchase the above - described trucks and equipment for the Streets Division. That the purchase of these vehicles is approved contingent on
the new vehicles being designated as not authorized for take -home use, marked with the City Seal in accordance With Chapter 53 of the City
Code, and concurrent with use, that the replaced vehicles be removed from City service and disposed of in the best interests of the City.
Funds for these purchases are available in 15050007 - 474200, 14203007 - 474200 and 52002607- 474200.
Passed.
AYES 8 — NOS 0
FROM THE COMMISSIONER OF POLICE
NO. 53
REPORT OF BIDS
BAILEY GENESEE FIRE STATION
CONSTRUCTION — JOB #0674
LOVEJOY DISTRICT
I advertised for on April 4, 2007 and received the
following sealed formal bids for the Construction of the Bailey Genesee Fire Station, which
were publicly opened and read on May 16, 2007.
General Construction
Rodems Construction
$3,036,000.00
3533 North Buffalo Rd., Orchard Park, NY
R. W. Painting, Inc.
$3,050,500.00
65 Mid County Dr., Orchard Park, NY
Progressive Roofing
$3,380,000.00
331 Grote St., Buffalo, NY
Plumbing
John W. Danforth Co.
$ 250,800.00
300 Colvin Woods Pky., Tonawanda, NY
D. V. Brown & Associates, Inc.
$ 253,200.00
567 Vickers St., Tonawanda, NY
Electrical
Goodwin Electric Corp.
$ 279,900.00
201 S. Youngs Rd., Williamsville, NY
CIR Electrical Construction
$ 287,400.00
400 Ingham Ave., Buffalo, NY
Weydman Electric, Inc.
$ 295,400.00
747 Young St., Tonawanda, NY
Tunney Electric, Inc.
$ 315,100.00
8565 Roll Rd., Clarence Center, NY
Frey Electric Construction Co., Inc.
$ 318,800.00
100 Pearce Ave., Tonawanda, NY
HVAC
Mollenberg Betz, Inc. $ 328,125.00
300 Scott St., Buffalo, NY
D. V. Brown & Associates, Inc. $ 414,200.00
567 Vickers St., Tonawanda, NY
I hereby certify that the foregoing is a true and correct statement of all bids received and that the following are the lowest responsible bidders
in accordance with the plans and specifications:
General Construction. Rodems Construction, with a bid of Three Million Thirty Six Thousand and 00/100 Dollars ($3,036,000.00).
Plumbing Work: John W. Danforth Co., with a bid of Two Hundred Fifty Thousand Eight Hundred and 00/100 Dollars ($250,800.00).
Electrical Work: Goodwin Electric Corp., with a bid of Two Hundred Seven Nine Thousand Nine Hundred and 00/100 ($279,900.00).
HVAC Work: Mollenberg Betz, Inc., with a bid of Three Hundred Twenty Eight Thousand One Hundred Twenty Five and 00/100
($328,125.00).
The total bid price is $3,894,825.00.
1 recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to orderthe work and award the
contracts on the basis of the low bids received. Funds for this work will be available in Capital Project Account # 30320206 - 445100.
Mr. Bonifacio moved
Thatthe purchase of these vehicles and equipment is approved contingent on, that concurrent with their use, that they be designated as not -
authorized for take -home use, thatthey be marked with the City Seal in accordance with Chapter 53 of the City Code, and that the replaced
vehicles be removed from City service and disposed of in the best interests of the City.
PASSED
AYES 8 — NOS 0
NO. 54
APPROVAL TO PURCHASE VEHICLES ACCORDING TO ADOPTED BUDGET
Per the adopted 2007/2008 fiscal year budget, the Buffalo Police Department hereby requests permission from your honorable body to begin
the purchase process for the following vehicles:
40 marked police cruisers - ford crown victoria's
20 unmarked ford crown victoria's and /or ford taurus' or similar
1 4 X 4 tow truck OR flat bed tow truck
5 unmarked, used undercover vehicles
All of the above purchases will replace older vehicles that have already been removed from the fleet (through auction or as parts cars) or
those that will be removed in the near future.
Mr. Bonifacio moved
That the above communication from the Department of Police dated July 1 1, 2007 be received and filed, and
That the Commissioner of Police and the Director of Purchase be, and they hereby are authorized to purchase the above - described vehicles.
That the purchase of these vehicles is approved contingent on the new vehicles being designated as not authorized for take -home use,
marked with the City Seal in accordance with Chapter 53 of the City Code, and concurrent with use, that the replaced vehicles be removed
from City service and disposed of in the best interests of the City.
2007 Ford Taurus
PASSED.
AYES 8 — NOS 0
NO. 55
DRUG ASSET FORFEITURE WIRE TRANSFERS
ITEM NO. 104,C.C.P 212188
ATF EQ SHARE US CUSTOMS $490,000.00
06- FBI - 003925 3110060044 940.30
07 -DEA- 476393 C2 -07 -0022 968.33
07 -DEA- 475707 C2 -07 -0018 1,382.33
06 -DEA- 475223 C2 -07 -0016 1,124.88
07 -DEA- 475601 C2 -07 -0017 770.15
07 -DEA- 476188 C2 -07 -0021 1,444.09
06 -DEA- 475223 C2 -07 -0016 1,170.01 (15% SAFF)
TOTAL $497,800.49
The Drug Enforcement Administration (DEA) and /or U.S. Customs has administratively forfeited the above referenced property. The funds
were received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000 - 389001. 15% of these
funds have been deposited into SAFF account 10317 forfulfilling initial expenditure under SAFF legislation. The remaining funds will be
placed into one or more of the following accounts as deemed neeessa13t by the Commissioner of Police:
Educational Training /Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and Computers,
Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment
Copy available in the City clerk's Office for review.
RECEIVED AND FILED
NO. 56
CERTIFICATE OF APPOINTMENT
Appointment effective July 2, 2007 in the Department of Police Division of Administration & Communication to the Position of Report
Technician Permanent, Appointment at the starting salary of $30,213
Kathleen Keane 88 Sage Avenue Buffalo, NY 14210
Laurie Piazza, 366 Villa Drive, Buffalo NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 57
CERTIFICATE OF APPOINTMENT
Appointment effective July 9, 2007 in the Department of Police Division of Administration & Communication to the Poistion of Report
Technician Permanent, Appointment at the starting salary of $30,213
Carrie Price, 88 Ivy Street, Buffalo 14211
Debra Nasca, 90 O'Connor Ave, Buffalo 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF FIRE
NO. 58
PURCHASE 4 COMMAND VEHICLES
We are requesting approval to purchase four (4) special service command vehicles for the Buffalo Fire Department. These vehicles will
replace the vehicles currently used by the Commissioner and 3 Deputy Commissioners.
There are sufficient funds in our 2007 -08 capital outlay accountto purchase these vehicles.
We are also requesting approval to auction /scrap the following vehicles: F -01 1995 Ford, F -132 1984 Chevrolet, F -136 1985 Chevrolet and F-
163 1996 Ford.
Mr. Bonifiacio moved
Approving motion: The the purchase of these vehicles is approved contingent on, that concurrent with their use, there be no increase in the
number designated as authorized for take -home use, there be no increase in the number designated as marked and unmarked in accordance
with Chapter 53 of the City Code and the exceptions thereto granted by this Common council, and that the replaced vehicles be removed
from City service and disposed of in the best interests of the City.
PASSED
AYES 8 — NOS 0
FROM THE CORPORATION COUNSEL
NO. 59
BUFFALO CIVIC AUTO RAMPS, INC. PARKING FACILITIES MANAGEMENT AGREEMENT
The City of Buffalo Law Department respectfully requests thatthe Management Agreement submitted to Council on July 10, 2007 not be
awarded where the Agreement has not been "Approved As to Form" as required by City Charter for, but not limited to, the following reasons
I. There remain existing issues pertaining to the terms contained therein usurping rights and powers conferred upon the municipality and the
delegation of said rights and powers to a private corporation without express statutory authority.
2. There remain existing issues pertaining to the terms contained therein usurping the rights and powers of the Common Council and
delegation of said rights and powers to a private corporation in violation of the City Charter and Code.
3.There remain existing issues pertaining to the terms contained therein usurping the rights and powers of the City Comptroller and the
delegation of said rights and powers to a private corporation in violation of City Charter and Code.
4. There remain existing issues pertaining to the terms contained therein usurping the rights and powers of the Board of Parking and the
delegation of said rights and powers to a private corporation in violation of City Charter and Code.
We respectfully request that the matter be tabled to allow for further review and recommendation.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT &
INSPECTION SERVICES
NO. 60
FOOD STORE LICENSE
272 FERRY EAST (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 272 Ferry East (Mandela Markets) 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. 61
FOOD STORE LICENSE
302 GRANT (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 302 Grant (Western NY Grocery) 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 July 17, 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 Taher Fadel, located at 302 Grant Street.
PASSED.
AYES 8 — NOS 0
NO. 62
FOOD STORE LICENSE
3390 MAIN (UNIVERSITY)
Pursuantto 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 3390 Main (Mon and Pops Natural Foods) 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 July 17, 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 Woojin Park, d /b /a Mom and Pops Natural Foods located at 3390 Main Street.
PASSED.
AYES — 8 NOES — 0
NO. 63
FOOD STORE LICENSE
465 NIAGARA (ELLICOTT)
Pursuantto 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 465 Niagara (Rmah 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 fend 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. 64
RESTAURANT DANCE LICENSE (RENEWAL)
274 DELAWARE (ELLICOTT)
Pursuantto Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at
274 Delaware (Underground) for which said renewal application for a Restaurant Dance Class IV license is being sought by Andrew Gay and
according to the attached reports from the Fire Department, Police Department and Building Inspections, 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:
Thatthe above communication from the Departmentof Economic Development, Permitand Inspections Services dated July 5, 2007, be
received and filed; and
That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he
hereby is authorized to renew a Restaurant Dancing Class License to Andrew Gay, d /b /a Underground, located at 274 Delaware
PASSED.
AYES — 8 NOES — 0
NO. 65
RESTAURANT DANCE LICENSE (RENEWAL)
2192 NIAGARA (NORTH)
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at
2192 Niagara (Harry's Harbour Place Grille) for which said renewal application for a Restaurant Dance Class HI license is being sought by
James Williams and according to the attached reports from the Fire Department, Police Department and Building Inspections, 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:
Thatthe above communication from the Department of Economic Development, Permit and Inspections Services dated July 5, 2007, be
received and filed; and
That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he
hereby is authorized to renew a Restaurant Dancing Class III License to James Williams, d /b /a Harry's Harbour Place Grill, located at 2192
Niagara Street.
PASSED.
AYES — 8 NOES —0
NO. 66
RESTAURANT DANCE LICENSE (RENEWAL)
2426 SOUTH PARK (SOUTH)
Pursuantto Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises located at
2426 South Park (South Park Bowling Inc) for which said renewal application for a Restaurant Dance Class 1V license is being sought by
Tamara Recckio and according to the attached reports from the Fire Department, Police Department and Building Inspections, I Arid 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 July 5, 2007, be
received and filed; and
That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he
hereby is authorized to renew a Restaurant Dancing Class IV License to Tamara Recckio, d /b /a South Park Bowling Inc., located at 2426
South Park.
PASSED.
AYES — 8 NOES — 0
NO. 67
SECOND HAND DEALER
1509 HERTEL AVE ( DELAWARE)
Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a Second Hand
Dealer License located at 1509 Hertel Ave and find that as to form is correct. I have caused an investigation into the premises for which said
application for a second hand dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department
and Building Inspections. I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police
Department into the moral character of Bert C. Grobe. The attached thereto for Bert C. Grobe d /b /a Fineline Gallery. This request is submitted
for your approval or whatever action you deem appropriate.
Mr. Bonifacio moved:
Thatthe above communication from the Department of Economic Development, Permit and Inspections Services dated July 5, 2007, be
received and filed; and
That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be, and he
hereby is authorized to grant a Second Hand Dealer License to Bert C. Grobe d /b /a Fineline Gallery, located at 1509 Hertel.
PASSED.
AYES — 8 NOES — 0
NO. 68
USED CAR DEALER
2788 BAILEY (UNIVERSITY)
Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Used Car
Dealer License located at 2788 Bailey and find that as to form is correct. I have caused an investigation into the premises for which said
application for a used car dealer license is being sought and according to the attached reports from the Zoning Office, Fire Department and
Building Inspections, I find it complies with all regulations and other applicable laws. I have caused an investigation by the Police Department
into the moral character of Lawrence Sessum III. The attached thereto for Lawrence Sessum III dba /Maxx Auto Sales. This request is
submitted for your approval or whatever action you deem appropriate
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 69
M KEARNS -J. PIERAKOS -BOND REQUIREMENTS
ITEM NO. 49 C.C.P 0411712007
The City Charter requires a bid bond for bids exceeding $250,000. The Director of Purchasing may waive this bond if the purchase is for less
than $250,000. There are certain instances where we have determined it is important to require a bond, notwithstanding the waiver provision.
Examples include cases where:
1. Equipment is needed by a deadline
2. There are public health and safety issues
3. A specialty product is involved
4. A company with no proven track record is utilized
As an illustration, a few years ago the City ordered a weed harvester machine for the cutting of the weeds at the Erie Basin Marina. The
company that was the low bidder requested a waiver of performance bond. The Director or Purchase denied the waiver due to the fact that the
company had no proven track record and the design was unique. The purchased weed harvester subsequently malfunctioned, threw the
employee off and sunk. When the machine was later raised, the Coast Guard declared it unsafe. The City's loss was subsequently recouped
with the proceeds of the bond.
REFERRED TO THE COMMITTEE ON FINANCE AND THE CORPORATION COUNSEL
NO. 70
CERTIFICATE OF APPOINTMENT
Appointment Effective 7/17/2007 in the Department of Administration, Finance, Policy and Urban Affairs Division of Budget to the Position of
Special Assistant to the Commissioner Exempt Appointment Flat $30,232
Heather Leaderstof 338 Maryland St Buffalo 14201
RECEIVED AND FILED
NO. 71
TIME EXTENSIONS OF HUMAN SERVICE CONTRACTS
Recreational Programming is requesting a time extension for the following contracts:
Police Athletic League of Buffalo - Contract #92011276
Community Action Organization - Contract #92011168
Pucho Olivencia Center- Contract #92011270
The ending date for these three contracts will be amended from June 30, 2007 to the new ending date of December 31, 2007.
Mr. Bonifacio moved:
That the communication from the Community Services & Recreation Programming, dated July 10, 2007, 2007, be received and filed, and
That the Department of Community Services and Recreational Programming is requesting a time extension by amending the three contracts
from June 30, 2007 to December 31, 2007 for the contracts as listed above.
Passed.
AYES — 8 NOES
NO. 72
CONTRACT FOR ENTRANCE
LEVEL FIREFIGHTER EXAMINATION
Attached is a contract with EB Jacobs, the examiner selected to prepare and administer the next entrance -level Firefighter examination. This
contract is a result of the RFP process and in accordance with the revised procedures to comply with the District Court's 1979 Order on hiring
entry -level Firefighters.
Mr. Bonifacio moved:
That the communication from the Commissioner of Human Resources, dated
July 17, 2007, be received and filed, and
Thatthe Commissioner of Human Resources be, and he hereby is authorized to execute the Memorandum of Agreement between the City of
Buffalo and E. B. Jacobs for the preparation and administration of the next entrance -level Firefighter examination.
PASSED.
AYES — 8 NOES — 0
NO. 73
PERMISSION TO ACCEPT FUNDS FROM
NEW YORK STATE DEPARTMENT OF LABOR
OCCUPATIONAL SAFETY AND HEALTH TRAINING PROJECT 07-195
CONTRACT NUMBER C012057
The City of Buffalo has been successful in obtaining grant funds for an employee Safety and Health Training Program through the New York
Department of Labor- Contract Number C012057. The amount of the grant award is $58,750. There is no City match involved with this grant.
Estimates of the financial impact on the City of Buffalo in direct costs and lack of productivity due to employee injury overthe past several
years exceeds $50 million. The safety training grant was sought in order to protect our employees by training them to prevent injury and also
to migrate the costs associated with injury.
The funds are to be used by Department of Human Resources for an employee safety- training program to be conducted by Erie Community
College for workers in each city department including the Common Council and City Clerk. Sessions will provide training to individuals for
proper techniques and use of appropriate equipment in carrying out their work responsibilities. The following topics will be covered in training
sessions : Back injury, slips and falls, job stress, repetitive motion, protective equipment, ergonomics, workplace violence, emergency
response and preparedness, hazard communication, indoor air quality, and forklift safety.
In addition, a safety committee has been established not only to participate in training sessions, but more importantly to monitor the program
to ensure maximum compliance and benefit and to determine areas that may be included in future grant applications.
I am therefore requesting permission from your Honorable Body for the City of Buffalo to accept grant funds from
the New York State Dept Labor to authorize execution of all necessary agreements to implement this grant, and to set up an account
receivable for this purpose.
Mr. Bonifacio moved:
That the communication from the Commissioner of Human Resources, dated
July 19, 2007, be received and filed, and
That the Commissioner of Human Resources be, and he hereby is authorized to accept grant funds from the New York State Department of
Labor to authorize execution of all necessary agreements to implement the Occupational Safety and Health Training Project 07 -195, Contract
No. CO 12057, and to set up appropriate accounts receivable for this purpose.
PASSED
AYES — 8 NOES — 0
NO. 74
CONTRACT FOR MARKETING COMMUNICATIONS
RECRUITMENT PROGRAM FOR ENTRANCE -
LEVEL FIREFIGHTER EXAMINATION
Attached is a contract, for your approval, with Travers Collins & Company for a marketing communications recruitment program for the
entrance -level Firefighter examination scheduled to be administered in March 2008.
A significant part of the recruiting process will be a 6 -8 week multi -media campaign to aggressively recruit top quality candidates
for the positions.
Part of this process will be an effort directed at increasing minority applications. You will recall that we remain under federal court jurisdiction
for this process
As in other communities, we have retained the services of a professional ad agency. We are committed to running a professional and highly
effective recruiting campaign to demonstrate to the courts that we are as aggressive as possible in this effort and to obtain the very best
candidates.
The prior campaign by Travers Collins was extremely successful and resulted in the firms' receiving a major reward.
This contract is a result of the RFP selection process.
Mr. Bonifacio moved:
That the communication from the Commissioner of Human Resources, dated
July 17, 2007, be received and filed, and
that the Commissioner of Human Resources be, and he hereby is authorized to execute the Extension Agreement between the City of Buffalo
and Travers Collins Company for a marketing communications recruitment program for the next entrance -level Fire fighter examination.
COPY AVAILABLE IN CITY CLERKS OFFICE FOR REVIEW
PASSED.
AYES — 7 NOES - 1
AYES- BONIFACIO, DAVIS, FRANCZYK, KEARNS, LOCURTO, RUSSELL AND SMITH
NOES - FONTANA
NO. 75
CONTRACT FOR BACKGROUND INVESTIGATIONS
FOR ENTRANCE -LEVEL POLICE OFFICER CANDIDATES
Attached is a contract with Inquiries, Inc. for to perform background investigations for entrance -level Police Officer candidates.
The background investigation is a vital part of the selection process for entrance -level Police Officers and is administered during the
certification process.
The contract has been approved as to form by the Law Department and we are now ready to submit for approval.
This contract is a result of the RFP selection process.
Mr. Bonifacio moved:
That the communication from the Commissioner of Human Resources, dated
July 19, 2007, be received and filed, and
Thatthe Commissioner of Human Resources be, and he hereby is authorized to execute the Agreement between the City of Buffalo and
Inquiries, Inc. to perform background investigations for the entrance -level Police Officer candidates.
PASSED.
AYES —8 NOES — 0
FROM THE CITY CLERK
NO 76
LIQUOR LICENSE APPLICATIONS
Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control
Board.
Address Business Name Owner's Name
2519 Main 2519 Main Michael E. Olanoff
RECEIVED AND FILED
NO. 77
LEAVES OF ABSENCE WITHOUT PAY
I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various
departments as listed:
Police -ALpha Collins, Patrick Pascall, Christina Sikorski, Danielle DiVito, Tabitha Pitts
Economic Development & Permit and Inspection Services- Matthew Baudo
Management Information Systems- Herbert Richardson
Administration, Finance & Urban Affairs - Ronald Christopher
RECEIVED AND FILED.
NO. 78
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
RECEIVED AND FILED.
NO 79
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
I transmit herewith appointments to the position of Council Intern
Mr. Bonifacio moved the approval of the appointments to the position of Council Intern.
ADOPTED
CERTIFICATE OF APPOINTMENT
Appointment effective July 10, 2007 in the Department of Common Council Division of North Districtto the position of Intern VI,
seasonal, non - competitive at the flat salary $10.00
Jason Cozza, 573 Auburn Ave. Apt 1, Buffalo 14222
CERTIFICATE OF APPOINTMENT
Appointment effective July 10, 2007 in the Department of Common Council Division of South District to the position of Intern IV,
seasonal, non - competitive at the flat salary $10.00
Christine E. Hall, 7 McKinley Pkwy, Buffalo 14220
CERTIFICATE OF APPOINTMENT
Appointment effective July 11, 2007 in the Department of Common Council Division of Ellicott District to the position of Intern II,
seasonal, appointment at the flat salary $7.15
Christina L. Morris, 56 Shirley Ave, Buffalo 14215
Jocelyn Henderson, 45 Zelmer St, Buffalo 14211
Ricky Ruiz - Castro, 303 Jersey Street, Buffalo 14201
Cecil F. McCastle, Jr., 401 Hickory Street, Buffalo 14204
Sean T. Tulumello, 137 Parkside Avenue, Buffalo 14214
Matthew Bonn, 218 Summit Avenue, Buffalo 14214
CERTIFICATE OF APPOINTMENT
Appointment effective July 23, 2007 in the Department of Common Council Division of University District to the position of Intern
IV, seasonal, non - competitive at the flat salary $6.75
Maya L. Aldridge, 119 Hewitt Avenue, Buffalo 14215
David L. Sanders, 415 Humboldt Parkway, Buffalo 14208
Isoken C. Ogbemudia, 39 Shirley Avenue, Buffalo 14215
Dwayne A. Pearsall, 41 Alice Avenue, Buffalo 14215
NO. 80
APPOINTMENTS - MAYOR'S YOUTH OPPORTUNITY & EMPLOYMENT
I transmit herewith appointments made in the Mayor's Youth Opportunities and Employments Programs.
RECEIVED AND FILED.
CERTIFICATE OF APPOINTMENT
APPOINTMENT EFFECTIVE JUNE 25, 2007 IN THE DEPARTMENT OF COMMUNITY SERVICES & RECREATIONAL SERVICES DIVISION OF YOUTH TO THE
POSITION OF INTERN II, SEASONAL, UNCLASSIFIED AT THE FLAT SALARY $7.15CERTIFICATE OF APPOINTMENT
DOMINIQUE GRAY 178 STRAUSS ST BUFFALO 14212
FRANCISCO PEREZ 146 VINCENNES BUFFALO 14204
CERTIFICATE OF APPOINTMENT
Appointment effective July 2, 2007 in the Department of Community Services & Recreational Services Division of Youth to the position of Intern II, seasonal,
unclassified at the flat salary $7.15
Reana Tuck, 42 Schauf Ave, Buffalo 14211
James Holiday, 98 Arden Ave, Buffalo 14215
Timothy Brown, 344 Norwalk Ave, Buffalo 14216
Lisette Loder, 42 Schauf, Buffalo 14211
Aron Rose, 99 Box Ave, Buffalo 14211
Courtney Rice, 84 Guilford St, Buffalo 14214
Adam Haynes, 58 Dash St., Buffalo 14220
Amanda Fanara, 359 Bird Ave, Buffalo 14213
Chelsea Allen 396 Cornwall Ave Buffalo 14215
Vanequa Gilbert 496 Stockbridge Ave Buffalo 14215
Vera Suprunchik 25 Rosedale St Buffalo 14207
Aron 99 Box Ave Buffalo 14211
Christine Torres 244 Dearborn St Buffalo 14207
Joshua Richardson 72 Sattler Ave Buffalo 14211
Alexis Reynolds 5 Trammell Walk Buffalo 14204
Veronica Chew 27 Dartmouth Ave Buffalo 14215
Krystal Cabrera 224 Ontario St Buffalo 14207
Ja'Nay Carswell 92 Wood Buffalo 14211
Isaiah Johnson 374 Doat Buffalo 14211
Marren McFarlane 387 Eaglewood Ave Buffalo 14220
Brittani White 205 Wyoming Buffalo 14215
Jacob Coster 46 Pries Ave Buffalo 14220
Angelo 105 Huntley Rd Buffalo NY 14215
Thomas Karbowski 216 Rebecca Park Buffalo 14207
Bianca Rodriguez 804 West Ave Buffalo 14213
Ebony Garner 174 Butler Ave Buffalo 14208
Cordell Hall 37 Freeman St Buffalo 14215
Kyle Muhammad 375 Grider St Buffalo 14215
Kristin Watson 351 Norwalk Ave Buffalo 14216
Domingo Ramirez 78 Fargo Ave Buffalo 14210
Jasmine Westbrook 216 Hastings Ave Buffalo 14215
Cheyenne Myers 95 Wood Buffalo 14211
Timothy Brown 344 Norwalk Buffalo 14216
Roderick Bonner 4 Burlington Ave Buffalo 14215
Iliana Rodriguez 315 Herkimer Buffalo 14213
Philip Ward 240 Phyllis Ave Buffalo 14215
Justin Tyler 24 Eugene St Buffalo 14216
Mathew Jaskula 53 Susan Lane Buffalo 14220
Kevin Walker 21 Cambridge Buffalo 14215
Sabrina Wolfe 19 Davey Buffalo 14216
Crystal Reed 399 Grant St Buffalo 14213
Eric Rivera 268 W Tupper St Buffalo 14201
Dajon Tate 254 Roslyn Buffalo 14215
Aaron Mycek 58 Rosemary Ave Buffalo 14216
Chelsea 351 Norwalk Ave Buffalo 14216
Rita Sweeney 25 Evadene St Buffalo 14214
AI'Trina 92 Federal Ave Buffalo 14215
Eligha Hall 95 Abdover Buffalo 14215
Suad Trupi 2 Lakeview Ave Buffalo 14201
Meagan Pokrywa 178 Strauss St Buffalo 14212
Jerod Ritchie 167 Thompson St Buffalo 14207
Mubarak Muhammad 243 Shumway St Buffalo 14212
Eric Maldonado 334 Massachusetts Ave Buffalo 14213
Courtney Rice 84 Guildford Buffalo 14202
Amirah Thomas 724 Humbold Pkwy Buffalo 14211
Appointment effective July 11, 2007 in the Department of Community Services & Recreational Services Division of Youth to the position of Intern II, seasonal,
unclassified at the flat salary $7.15
Pedro Valetin 89 Milburn St Buffalo 14212
David Lotz 113 Altruria St Buffalo 14220
Chelsea Watson 351 Norwalk Ave Buffalo 14216
Desmond Webster 523 Riley St Buffalo 14208
Traneka Jacobs 119 Fulton Buffalo 14204
CERTIFICATE OF APPOINTMENT
Appointment effective July 20, 2007 in the Department of Community Services & Recreational Services Division of Youth to the position of Intern II, seasonal,
unclassified at the flat salary $7.15
Dajon Tate 254 Roslyn Buffalo 14215
Chauncey Tall 977 Northlnd Buffalo 14215
CERTIFICATE OF APPOINTMENT
Appointment Effective July 16, 2007 in the Department of Public Works , Division of Engineering to the Position of Account Clerk
Typist, Provisional appointment at the minimum Starting salary of $26271
Bonita Brown, 100 Lockwood Ave, Buffalo, NY 14220
CERTIFICATE OF APPOINTMENT
Appointment Effective July 2, 2007 in the Department of Community Services & Recreational Programming, Division of Youth to
the position of Intern II at the flat salary of $7.15/hr
Clark, Samuel, 16 Pink St, Buffalo, NY 14206
Gnohouse , Attiso, 67 Maryyner Homes, Buffalo, NY 14201
Cantrell,Shimaraya, 228 Crowley Ave, Buffalo, 14207
Boarman, Anntonete, 140 E. Delavan, Buffalo, NY 14208
CERTIFICATE OF APPOINTMENT
Appointment Effective June 25, 2007 in the Department of Community Services & Recreational Programming, Division of Youth to
the position of Intern II at the flat salary of $7.15/hr
Kellianne Roessler, 24 Red Jacket Pkwy, Buffalo, NY 14220
NO. 81
NOTICES OF APPOINTMENT SEASONAL FLAT
CERTIFICATE OF APPOINTMENT
Appointment Effective July 16, 2007 in the Department of Community Services & Recreational Programming, Division of Senior
Services to the position of Senior Citizen Aide, Seasonal the flat salary of $8.15/hr
Elizabeth Pieri, 30 Eugene Ave, Buffalo, NY 14216
Robert L. Williams, 1279 Michigan Ave, Buffalo, NY 14209
CERTIFICATE OF APPOINTMENT
Appointment Effective July 5, 2007 in the Department of Public Works, Parks and Streets, Division of Engineering to the position of
Bridge Operating Engineer Seasonal the flat salary of $10.25/hr
Lewis King, Jr 159 Chester St, Buffalo, NY 14208
Phillip Kreuz, 257 Bedford Avenue, Buffalo, NY 14216
CERTIFICATE OF APPOINTMENT
Appointment Effective July 9, 2007 in the Department of Public Works, Parks and Streets, Division of Engineering to the position of
Laborer II Seasonal the flat salary of $8.15/hr
Timothy Ruszczyk, 120 Cantwell Drive, Buffalo, NY 14220
CERTIFICATE OF APPOINTMENT
Appointment Effective July 11, 2007 in the Department of Public Works, Parks and Streets, Division of Engineering to the position
of Laborer II Seasonal the flat salary of $8.15/hr
Francisco Florez, 88 Rano Street, Buffalo, NY 14207
CERTIFICATE OF APPOINTMENT
Appointment Effective July 16, 2007 in the Department of Public Works, Parks and Streets, Division of Engineering to the position
of Laborer II Seasonal the flat salary of $8.15/hr
Reginald D. Richardson, 167 Wakefield Ave, Buffalo, NY 14214
CERTIFICATE OF APPOINTMENT
Appointment Effective July 16, 2007 in the Department of Administration and Finance, Division of Inventory & Stores to the position
of Laborer II Seasonal the flat salary of $8.15/hr
Michael P. Dubel, 16 Lafayette, Buffalo, NY 14213
NO. 82
APPOINTMENTS TEMPORARY, PROVISIONAL, PERMANENT
I transmit herewith Appointments in the various departments made at the minimum (Temporary, Provisional or Permanent)(as per
contract requirements)
CERTIFICATE OF APPOINTMENT
Appointment effective July 23, 2007, in the Department of Community Services, Division of Contract Compliance Monitor,
Temporary appointment at the minimum starting salary of $38,358
Reginald S. Garner, 246 Rodney Avenue, Buffalo, NY 14214
CERTIFICATE OF APPOINTMENT
Appointment effective July 16, 2007, in the Department of Public Works to the position of Account Clerk Typist Provisional
appointment at the minimum starting salary of $26,271
Bonita Brown, 100 Lockwood Ave, Buffalo, NY 14220
CERTIFICATE OF APPOINTMENT
Appointment effective July 9, 2007, in the Department of Assessment and Taxation to the position of Tax Administrator, Permanent
appointment at the minimum starting salary of $47,629
Latifa A. Mack, 159 Hamlin Road, Buffalo, NY 14208
NO. 83
CERTIFICATE OF APPOINTMENT
APPOINTMENT EFFECTIVE JULY 9, 2007, IN THE DEPARTMENT OF CITY CLERK TO THE POSITION OF CLERK, PERMANENT APPOINTMENT AT THE 3RD
STEP OF $26,499.20
AMANDA ANDERSEN, 565 ST. LAWRENCE, BUFFALO, NY 14216
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON - OFFICIAL
NO. 84
P. AIKIN -REQ TO PURCHASE 105 BURGARD PLACE
Attached letter available for review
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT. DEPARTMENT OF REAL ESTATE AND ECONOMIC
DEVELOPMENT PERMIT AND INSPECTIONS
NO. 85
"POLICY TO TAKE TITLE TO PROPERTIES NOT RECEIVING BIDS AT IN REM"
SPONSORED BY COUNCILMEMBER BONIFACIO
Thank you for the opportunity to respond to Council Member Bonifacio's resolution related to the City of Buffalo's acquisition policies at in rein
auctions. As you have heard before, LISC has been very involved in vacant properties issues, stemming in large partfrom our work with the
National Vacant Properties Campaign and their assessment of the regional vacant property problem we are now facing. Their BiueprintBuffaio
report, makes many recommendations and many observations on our current crisis, and lays out poignant best practices from other
communities that can be put into place in Buffalo to help ameliorate our situation.
The importance of control over these neglected properties is clear from this examination. Without legal control of a property, as a community
we are forced into a reactive mode, forced to waiting for problems to emerge or worsen before we can act. Based on the remarks of
Commissioner Michaux to this body at a previous session, the City should be commended for taking all possible steps to ensure that
responsible and responsive owners are not forced from their homes through the tax auction. However, for those properties the City is unable
to reach agreement with owners on, whether it be for the owners' unresponsiveness or willingness, the City should commit to policy that
reflects the understanding that most often the best course is to bring these properties under public control so that the interests of the City's
residents can be served through a variety of outcomes, each preferable to the status quo.
From a narrow view of short -term municipal finance and liability, adjourning unsold properties appears to make sense. The City maintains an
outstanding debt on its balance sheet and does not become the first in line to be responsible for the upkeep and maintenance of the property.
As City actions become necessary - mowing, board ups, and eventually demolition - these costs are charged back to the owner of the
property. However, the owners of these properties have already proven themselves unresponsive and have in large measure already made
the determination to walk away from their property. Charging additional expenses to the property nominally owned by another party simply
contributes to a higher acquisition price for that address, effectively reducing the likelihood that any other party will step forward to purchase it.
Meanwhile, time passes and with it the overall condition of the property deteriorates, making rehabilitation more difficult, expensive, and
ultimately unlikely.
Certainly the limited human and capital resources of the City are issues to consider, however, adjournment does not reduce the public cost,
merely defray them, and there is little strategic work that can happen when properties are left in limbo. If we look at the effects of inaction on a
single property, the results are clearly detrimental; however, if we step back and examine the effects on a neighborhood, this scenario
becomes much more damaging. Adjourning properties and waiting another year before contemplating a resolution, is one thing from an
administrative perspective, however, it is something entirely different for residents who wait that year nextto an abandoned house that has
become a target for drugs dealers, gangs, or arsonist. In the cycle of decline, blight begets blight, and unchecked vacancy has the very real
possibility of soon emptying viable neighborhoods.
However, when the City takes control of blighted property, a variety of options become available. It allows for thorough interior inspections,
evaluations, and monitoring, without having to acquire a court order, so that our first responders are aware in advance of potential threats
before crisis situations occur. Houses can then be sold to a homeowner, non - profit, or private developer for rehab, they can be packaged as
part of a larger redevelopment effort, they can be secured and mothballed, or they can be demolished and converted to permanent or
temporary open space. If these properties are brought under the City's control, any of these options allow the City to put specific benchmarks
and timetables in place to ensure the proper stewardship and use of each of these properties, and would -be buyers will have a realistic sense
of what scale of project they are entering into. This is a much brighter option than allowing these properties to hit the in rein list again and
become blind targets for illegal flippers, speculators, and other unscrupulous operators.
Several members of the Council recently met with noted community development consultant Alan Mallach, who has just published a book
entitled "Bringing Buildings Back: From Abandoned Properties to Community Assets ". Mr. Mallach currently serves as the research director of
the National Housing Institute. In addition to his earlier work on the downtown R /UDAT process, he is now making several visits to Buffalo to
help us establish a framework for effective community redevelopment. In his time here this spring, he recommended specifically that our City
strike all unsold properties at the in rem auction. From his tenure as Community Development Director in Trenton, New Jersey he found that,
generally, by striking all properties, several that turned out to have decent market value actually covered the costs of dealing with the
properties that were not in the same demand. More importantly, though, it gave the City control and options for dealing with their vacancy
issues in ways that pushing these distressed properties simply did not.
We should also not forget that the City need not go it alone on vacancy issues, and other communities have demonstrated sound methods of
bringing new resources to the table. The Council has previously explored the implementation of a Land Bank for Buffalo, and this is yet
another example of assembling all of the pieces in order to make a substantial difference on these issues. If the City is successful in creating
Land Bank similar to that established in Genesee County, Michigan, a broad and flexible set of roles and programs can help to effectively
combat the vast vacancy problems we face.
Though I won't repeat my earlier comments to the Council on the benefits of a Land Bank, LISC is glad to be an active member of a team of
organizations and individuals dedicated to solving the crisis of vacancy and abandonment. We are happy to meet with the Common Council
and the administration to do our part in bringing about the changes we need to rebuild our city for the benefit of all of our residents. Thank you
once again for the opportunity to present to this body on this important topic.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 86
THE LAND BANK INITIATIVE -A MODEL FOR CITIES
Please acceptthe attached item, which was presented to the Legislation Committee at a special meeting held to discuss the creation of a
land bank in Buffalo by Anthony Armstrong, Program Officer from LISC.
Please file the item for further discussion at the next Common Council session
to be held on July 24, 2007.
Thank you for your attention to this matter.
The City of Buffalo has lost 300,000 residents since 1950 and has been left with a tremendous oversupply of housing units and, with it, a large
scale vacancy and abandonment problem. By 2000, the census was reporting 15.7% of all units in Buffalo were vacant, and several data
sources suggest the problem has only gotten worse since then. Though it was often believed this was a'city issue', this new data is
suggesting otherwise. Since 2000, Cheektowaga and Tonawanda have each lost population at a quicker rater than Buffalo, and recent articles
in the Buffalo News highlight the fact that vacancy is quickly becoming an issue in the inner -ring suburbs.
But Buffalo is not alone. Communities across the Northeast and Midwest are struggling to cope with the proliferation of vacant and abandoned
property, each to varying degrees of success. Genesee County, Michigan - home to the City of Flint -has faced major problems in a post-
industrial economy, suffering a 40% population loss since 1960, but has nonetheless developed one of the most innovative and effective ways
to combat these blighting influences that drive up municipal expenses and deflate property tax - income. A land bank often stirs notions of a red
circle on the ground, inside which no one will be allowed to tread; however, the reality of a modern land bank is much more dynamic and
proactive. The Genesee County Land Bank's flexible structure and powers allow it to not only prepare strategic properties for productive
reuse, but also to implement strategies to prevent future abandonment.
Genesee's Land Bank (www.theland ban k.o rg) was created through inter - municipal agreement with the County pursuant to the State of
Michigan's enabling legislation. It receives one -third (1/3) of its funding from earned operating income, and two - thirds (2/3) from a combination
of government appropriation (20% of total from Genesee County proper), brownfields programs (42%), and grant support (5%). Enacted in
1999 and improved through legislation in 2003, by December of 2004 the Land Bank had taken title to 8% of the land in the City of Flint (4,400
parcels), saved 1,350 families from foreclosure, taken over management of numerous properties at • risk for abandonment, rehabbed dozens
of houses, demolished 330 properties, conveyed 200 side lots to neighbors, assembled hundreds of vacant lots for non - profit and city projects,
and maintained its stock of buildings and land including routine board -ups and innovative landscaping agreements funded entirely through tax
foreclosure proceeds.
A recent quantitative study of the Genesee County Land Bank by the Land Policy Institute at Michigan State University clearly shows a
properly structured land bank entity can exact positive changes on a city or region's vacant property situation. Since its formation, the Land
Bank has positively influenced the values of more than 26,000 residential properties. The Institute's research shows the Land Bank to be an
effective tool in stemming the problems of crime and blight associated with vacant properties. It concludes "when urban areas are losing their
population, industry, and desirable neighborhoods, they can protect their property values with demolition of abandoned structures and other
programs made possible by the Michigan Land Bank" enabling legislation.
The time is right for positive action in Buffalo and Erie County, as vacancy problems are becoming more acute by the day. The US Postal
Service recently released data on vacant and undeliverable addresses by Census Tract. These figures represent chronic vacancy, addresses
that have been vacant (not collecting their mail) for 90 days or longer, as well as addresses deemed uninhabitable in their current state. From
March 2006 to March 2007 Buffalo lost 1,692 deliverable addresses, representing a decrease of 1.4% of the city's total addresses. In some
neighborhoods, however, the effects were far worse, with one year decreases well above 10 %, leaving them with undeliverable rates nearing
a staggering 40% overall.
Recently Assembly Member Hoyt introduced bill A08059, which would allow forthe formation of a land bank with local control through the
enabling legislation for the Empire State Development Corporation. Land Banks could then be created by a municipality or, importantly,
through the cooperation of several municipalities that can mirror the form, function, and scope of the Genesee County Land Bank. In
combination with the new office of Upstate Empire State Development, under the leadership of Daniel Gundersen, this bill presents a unique
opportunity to realign the State's resources to fit the needs and opportunities specific to Buffalo and Erie County. While the intricacies of a
local land bank's powers, structure, and funding will need to be discussed and further refined at the local level, a land bank can be a powerful
tool for redeveloping the County to create and reinforce healthy and sustainable neighborhoods.
Using Genesee County as a model, a Buffalo and Erie County land bank could be established around a framework to support
• home ownership and affordable housing,
• neighborhood revitalization,
• the return of property to productive tax - paying status,
• land assemblage for economic development,
• long -term banking of properties for future strategic uses, and
• sustained funding for the land bank's operations.
When the forefathers of Erie County, the City of Buffalo, and all other local towns and villages designed the structure and function of these
governments, coping with thousands of dilapidated properties and vacant lots was not a consideration. Current State regulations, also,
complicate the process of acquiring properties and cleaning title. It is not a slight to existing governments, then, to convey that they are simply
not set up to deal in a comprehensive manner with these issues on the scale we now face. By shifting these responsibilities to a land bank
agency, the participating municipalities will be in a stronger position to consider strategic redevelopment, while gaining a valuable partner that
can bring additional resources and expertise to bear for the good of these communities.
In order to achieve these aims in a dynamic and responsive fashion, a Buffalo land bank would need to maintain powers and programs similar
to those of the Genesee County Land Bank. Assembly bill 08059, allows for each of these important programs, including:
1) property acquisition,
2) leasing, and sales,
3) expedited foreclosure and title clearance powers,
4) administration, inventory, and assessment of existing parcels and structures,
5) planning (consistent with the County and municipality's strategic plan and
reinvestment strategy),
6) property management and maintenance (including "clean and green" strategies),
7) demolition, and
8) financial assistance for nonprofits to redevelop properties in targeted neighborhoods.
More information about the opportunity for a land bank in Buffalo, along with detailed recommendations and best practices on a host of vacant
property issues can be found in the National Vacant Properties Campaign's recent report, Blueprint Buffalo. It may be downloaded from the
LISC - Buffalo website at www.lisc.org /buffalo. Other land bank resources include the Genesee Count Land Bank's website,
www.thelandbank.org, and a comprehensive LISC sponsored study by Frank S. Alexander, entitled Land Bank
Authorities: A Guide for the Creation and Operation of Local Land Banks available at http: / /www.lisc.oro/ content /publicationsldetail/7931..
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 87
Memorandum
oard Packet Documents
Attached are the following documents from the Joint Schools Construction Board meeting scheduled on July 2, 2007:
1. Draft Agenda
2. Meeting Minutes from JSCB Meeting dated June 4, 2007
3. Fully executed Phase II Application and Certificate for Payment No. 32 -May 2007
4. Phase II Application and Certificate for Payment No. 33 - June 2007
5. Phase III Application and Certificate for Payment No. 3 - June 2007
6. Program Packaging and Development Services (PPDS) Provider Update
7. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance
Services Monthly Report for Addendum 1 Phase II Project -May 2007
Copy Available in the City Clerk's Office
RECEIVED AND FILED
NO. 88
OBERSHEIMER, APPEAL OF DRIVEWAY APPLICATION DENIAL, 47 ORTON PLACE
Please file the attached item for further discussion at the next Common Council session to be held July 24, 2007. Thank you in advance for
your assistance with this matter.
I am writing to you for help. I am trying to get approval to have a parking pad installed on my property at 47 Orton Place, Buffalo 14201. 1 have
gone through the process with the Buffalo Preservation Board and was denied approval at a May 10, 2007 meeting. I was told to go to the
Common Council to appeal their decision. At that same meeting a driveway was approved on Trinity Place. There is another pad on Arlington
Place that has been installed in the recent past, as well as numerous existing pads on my street.
I'm at a loss as to why I can't have parking at my residence when there are numerous other parking pads throughout the neighborhood. I
presented the Preservation Board with photos of them as well as photos of where my pad would go on my property. My pad, in contrast to the
others, would be mostly hidden from view until you were actually upon it and will not detract from the street -scape in any way. I have a letter
from my neighbor whose property the pad would abut stating that he has no objection as well as a petition signed by many of my neighbors
stating that they have no objection.
I need concrete work done on my city right of way sidewalk and the walk leading up to my front steps and was planning on doing that along
with the parking pad installation.
My need for a parking pad is prompted by break -ins and vandalism to my car when it's been parked on the
street. Also, the parking problems in the neighborhood are compounded because I live steps away from
Kleinhan's Music Hall. I work odd shifts as a Respiratory Therapist at Sisters Hospital and often have to look
for a parking spot at late hours and am concerned for my safety. Not to mention being able to have the car off
the street when we have our snowstorms so the plow can get through. The parking pad would be helpful in that
it would free up space for others to park.
I have lived in my home for twenty years. I'd like to live here well into old age and when I am old I don't want
to have to worry about having to go out and move the car from one side of the street to the other on alternate
parking days in bad weather.
With the well know decline of taxpayers in the city, wouldn't it be beneficial to look at accommodating the
reasonable requests of the taxpayers still living m the city m order to keep them there? I have room for a
parking pad and I'd like to have one put in.
Please submit my request to the Common Council. I have enclosed copies of the photos of other parking pads
in my neighborhood, a letter signed by my neighbor whose garage my parking pad will abut and a petition
signed by neighbors stating that they have no objection to the installation.
Mr. Davis I would like to meet with you, at my house if possible, so that you can see what I am talking about
before my appeal is taken to the Common Council. You can contact me at 716 885 -6695.
REFERRED TO THE COMMITTEE ON LEGISLATION, ECONOMIC DEVELOPMENT PERMIT & INSPECTIONS AND
THE PRESERVATION BOARD
NO. 89
EST. A POLICY FOR CITY TO TAKE TITLE TO ANY PROPERTY NOT BID ON AT
FORECLOSURE AUCTION" (ITEM #125, C.C.P. MAY 1, 2007)
Thank you for your invitation to comment on this proposed resolution. As you are aware, in our effortto combat destructive property flipping,
the Anti - Flipping Task Force has considered, evaluated and recommended a number of proposals designed to reduce or inhibit the number of
properties that become available for flipping. In particular, we have made suggestions with respectto the In Rem auction proceeding, one of
which was utilized last year and significantly reduced the number of In Rem properties that are flipped. We are actively seeking solutions that
work to accomplish our goal.
The resolution in question is a valid proposal but is also dependent upon the City of Buffalo's financial ability to maintain or demolish those
properties. If the City does have the ability to maintain or demolish all of those properties, this may be a viable solution. However, if the Cit7
does not have the resources to address the condition of those properties, then it makes little practical sense for the city to acquire title simply
to have the properties in its possession. Some of the properties may, in fact, still have homeowners living in them that can ultimately pay
arrears. Keeping a homeowner in a property is preferable to allowing it to become vacant and deteriorate until it can be demolished at City
expense. An analysis of these properties should be conducted before such a determination is made.
In addition, AFTF measures that have already been enacted at the In Rem, along with additional recommendations made by the AFTF for
upcoming In Rem auctions (See AFTF First Year Report), are designed as safeguards to ensure that these properties are not flipped.
As an alternative to this proposal, if it is not financially feasible for the City to implement it, we recommend that the Common Council and the
City explore ways to transfer In Rem properties to not - for - profits and potential homeowners that will purchase the properties and stabilize
neighborhoods (See AFTF First Year Report recommendation for Third Party Transfer Ordinance). It is clear that many people attend the
auction in the hope of buying a home. This type of purchase should be encouraged as it stabilizes neighborhoods and reduces the number of
vacancies and problem properties. Common Council Members could be instrumental in creating a process to identify both properties and
potential purchasers in each of their districts to facilitate this goal. This is a far more preferable solution than adding to the City's inventory of
vacant and demolition- worthy properties.
Thank you for the opportunity to comment on this important issue.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 90
WAIVE PERMIT FEE WORLD CHANGERS PROJECT
I am writing to requestthatthe Buffalo Common Council consider a vote to waive the permit and license fees for the WorldChangers project in
Buffalo the week of July 30- August 3, 2007.
WorldChangers is a mission project of the Southern Baptist conference, where teens and young adults from all denominations take part in a
weeklong mission to rebuild communities. Each of the 450 participants must raise their own money to attend this project. They come with adult
chaperones, many of whom are skilled in construction.
This is the second year that World Changers will come to Buffalo /Niagara. This national project has worked with local coordinators Shyrl
Duderwick of NHS of South Buffalo, Laura Kelly of the Old First Ward, Rev. Michael Flannery, the Hon. Henry Nowak Jr., City Housing Court,
and Tom & Judy Fanning to make sure that this project is a success. Housing Court was able to recommend people in need of help with their
homes, and the staff of NHS of South Buffalo made sure that they fit the guidelines for the World Changers volunteers.
This year, WorldChangers volunteers will paint and repair 32 homes across the city. NHS South Buffalo and Old First Ward provide the
materials with private funds, so the work is done at no cost to the homeowner. If the Council can agree to waive permit and license fees, we
will be able to put that much more into restoring our neighborhoods. Thank you for your consideration. I have attached a list of this year's
projects.
Carl & Stella Cedarman 119 Blackmore
Loretta Lines 108 Cresthaven
Wayne Woods 99 Decker St
Booker Pipes 596 East Ferry
Jacquelyn Gayles 62 Freeman St
James Terrel 124 Grape
Calvin Ziegler 130 Grape
Margaret Boyd 259 Guilford
Eileen Kirsch 229 Halstead
Theresa Anderson 99 Harmonia
St. Anthony Spiritual Ch 1185 Jefferson
Rosella Thomas 214 Landen
Ethel Allen 174 Lemon
Stella Hindman 538 Madison
Wilkerson 537 Madison
James Ballard 233 Masten
Douglas Reaves 65 Mendola Ave
Suzanne Butcher 27 Millicent
Carl Hill 471 Monroe St
Georgette Traylor 31 Roeder
Shirley Amoia 31 Sanders Rd
Sarah Jones 227 Schuele
Ruth Jordan
109 Sussex
Ronald Johnson
174 Vanderbilt
Linda Wurst
21 Wagner Ave
Lula Sims
52 Warwick
Florence Baugh
45 Woodward
Tiffany Sikes
143 Zelmer
RECEIVED AND FILED
NO. 91
C. JOHNSON NOTICE OF CLAIM 41 PARKRIDGE AVE
Attached item available for review in The City Clerk's Office
RECEIVED AND FILED
NO. 92
STATUS OF WATERFRONT DEVELOPMENT IN RELATION TO THE
MARINE DRIVE APARTMENTS
Please file the attached item for further discussion at the next Common Council session to be held on July 24, 2007. 1 received this email on
July 2, 2007.
As a resident of Marine Drive Apartments, I ask that your Waterfront Committee address the status and direction of Waterfront Development
as it relates to the Marine Drive Apts.
Although the extraordinary efforts of the present management to restore stability to our complex are very encouraging, I am concerned about
the future status of the complex (For example, the predevelopment agreement concerning the Erie Canal Harbor District, made by Bass Pro,
Benderson and the Erie Canal Harbor Dev. Corp. states that the main parking lot of the complex may be used in the additional development
phase).
I am also a member of Queens Landing Tenant Action Group (formed in 2004 with regard to tenant ownership), and attach our most recent
statement to the Control Board on May 7, 2007 (3 -pp).
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
NO. 93
FEMA DETERMINATION
228 FENTON STREET
Copy available in the City Clerk's Office for review
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 94
DEMOLITION FORMER MEYER GRAIN ELEVATOR
The recent demolition of the former Meyer Malting Grain Elevator at 1318 Niagara Street has created a positive change for our surrounding
neighborhood with an entirely new vista. The removal of the building has given my neighbors and I a new connection to the Niagara River. It
has opened up the view and offers potential opportunity to enjoy the beauty of the river, not only for the residents but for everyone that travels
through.
It would be a great benefit to our neighborhood and the community to preserve this area as a green space or park setting. If that is not
feasible, there are other possibilities that can allow building on the site but still retain access to the vista. At the very least, 1 am requesting to
be involved in the city's decision making for plans for this stretch of Niagara Street to ensure public access to the river. To that end, it is
beneficial to also include Buffalo Niagara Riverkeeper in exploring options that benefit the community.
I would welcome the opportunity to address Common Council members regarding ideas and proposals for 1318 Niagara Street that can be
included for consideration by the City of Buffalo in the planning process.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT & department OF ECONOMIC DEVELOPMENT PERMIT AND
INSPECTIONS
NO. 95
INFO TAXI CAB ORDINANCE
Please file the enclosed correspondence for the next council meeting.
Please take a momentto read this letter. This letter is information pertaining to Taxicab Ordinances and the structure of taxi cab businesses in
the city of buffalo. In the transportation business there are multiple clientele, multiple contracts and different payment arrangements. The
average taxicab in the city of buffalo is governed by the ordinances from city hall and delegated by the division of licenses.
Companies that do multi work such as Medicaid pick -ups and corporate contract work get their contracts by offering discount rates. Medicaid
accounts for example, are paid through Erie County and the way that Medicaid cars run are on mileage only. For example, ten miles at 40
cents per 1/6 mile is $24, butwaiting time which is listed on all taxicabs is not included in thatfare. Erie County only pays the minimum amount
that the city ordinance allows them to charge the public per mile. Companies that use the federal government to help their business to
continue and prosper, would like the city of buffalo to make the rates of a taxi ride per mile and drop time as high as possible so they can
continue to do business at seeing a profit.
Corporate accounts that contracted through taxi companies also have their advantages for the company that makes the contract. Corporate
accounts and Veterans Administrative accounts are normally at a discounted rate at either one free mile and afterthat mile all rates apply, or a
discounted rate from a point of origin to a point of drop off.
Some taxi cab companies would have the taxi committee believe that the taxi industry is in dire need of drastic change, but these companies
are looking out for self - preservation and not looking at the city as a whole. For example, the gas prices have raised dramatically over the past
three years, but the taxi drivers in the industry has always persevered and came out on top. For example, the average car off of one full tank
of gas can do at least 300 miles to the tank, and to fill that vehicle from empty to full would cost no more than $65. In a taxicab, half of those
miles generally are dead head miles not loaded, but en route to get a fare. The other half of those miles, are generally paid miles. 150 miles
loaded would generate a profit of $360. This amount does not include the initial drop of $2.30 it takes for customers to get in the cab or waiting
time. Waiting time applies when a vehicle stop at an intersection and the light is red, the average light rotation in the city is two minutes which
equates to eighty cents waiting time.
We at Cold Spring Taxi, feel that it is unfair to the public to have to compete with corporate accounts, county funded organizations, and any
other privately induced contracts. Our company has been in the community for over two decades serving the public and giving them what we
feel is a fair price for a taxi ride in our city. To discriminate from contracted work to public work is not only demeaning to the public but
economically segregating from corporate
America to the average wage earner. To allow members of taxi companies to approach the city of buffalo taxi committee with the idea that all
rates of taxi cabs should be the same, but allowing the companies that lobby for these laws to give discounts at their own contractual and
economic convenience, not only does a disservice to the community, but also shows other taxi companies that everyone does not have to
follow the rules. High gas prices and insurance cost are inevitable, but these are the costs we all must bear being in this line of business. We
area community taxi service, we do not cater to the corporate accounts and govern me ntfor business. We should not be penalized forgiving
our community discounts, when other taxi companies give discounts to companies and corporate America.
Furthermore, we believe in our opinion that we lost a good taxi service (Fillmore Taxi) due to the enforcement of every taxi compauy to not
give discounts. We believe we are not on level playing field between taxi companies that eater to corporate accounts and government, mid
ourselves who are a customer service based organization.
Please allow this letter to be food for thought. We have all tasted a pizza pie, but we all do not know what it takes to make a pizza. If you need
any further information on how this company serves the public, please feel free to contact us by mail, fax or phone.
Thank you for your time in this matter, and please consider our thoughts.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL AND THE DIVISION OF LICENSES
NO. 96
REQUEST COLOR CODE FOR TAXIS
After 30 years in the taxi business in the City of Buffalo. I request a color code or color scheme be added to the taxi laws in 437 -6 so there is
no misunderstanding of which taxi belongs to what Taxi Company. Please look over some examples that other cities have done to clear up
this problem. If nothing else add my two companies color code to our laws'
LIBERTY CAB RED WITH WHITE LETTERS AND NUMBERS
YELLOW CAB YELLOW WITH BLACK LETTERS AND NUMBERS
ALSO A PICTURE OF EACH CAR BE TAKENED AND PUT IN FILE OF DISPATCH OR TAXI COMPANY.
Copy available in the City Clerk's Office for review
REFERRED TO THE COMMITTEE ON LEGISLATION THE CORPORATION COUNSEL AND THE DIVISION OF LICENSES
PETITIONS
NO. 97
J. COLE, OWNER USE 1221 LOVEJOY FOR PATIO PERMIT
(HRG 07131107)
Copy available in the City Clerk's Office for review
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 98
S. MARCHIONE, OWNER, USE 2022 SENECA STREET FOR AN OUTDOOR PATIO
(HRG 07131107)
Copy available in the City Clerk's Office for review
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
REGULAR COMMITTEES
CIVIL SERVICE
(BONNIE E. RUSSELL, CHAIRPERSON)
NO. 99
APPT POLICE LIEUTENANT (CONT PER)(PIECH)
(CCP # 19,7110)
That Communication 20 of July 10, 2007 be received and Filed and that the Contingent Permanent appointment of David M. Piech Stated
above at the salary of $66,315.00 is hereby approved.
PASSED
AYES -9 NOES -0
NO. 100
APPT POLICE DETECTIVE (CONT PERM)(POL)(BIGGS)
(CCP# 20,7110)
That Communication 20 of July 10, 2007 be received and Filed and that the Contingent Permanent appointment of Kevin T. Biggs Stated
above at the salary of $59,909.00 is hereby approved.
PASSED
AYES -9 NOES -0
NO. 101
APPOINT ACCOUNT CLERK TYPIST (PERM)(INTER) (FIRE)(SOLE)
(CCP# 25,7110)
That Communication 25 of July 10, 2007 be received and Filed and that the Permanent appointment of Denice Sole Stated above atthe salary
of $27,748.00 is hereby approved.
PASSED
AYES -9 NOES -0
NO. 102
APPOINT DIRECTOR OF EMPLOYEE RELATIONS, EXEMPT(HR)(SCOTT)
(CCP# 33, 7110)
That the above item is hereby Received and Filed
ADOPTED
NO. 103
NOTICES OF APPOINTMENTS TEMP /PROV /PERM(CTY CLK)
(CCP# 40, 7110)
That the above item is hereby Received and Filed
ADOPTED
FINANCE
(BRIAN C. DAVIS, CHAIRMAN)
NO. 104
BUFFALO CIVIC AUTO RAMPS, INC. (BD. PKG)
(ITEM NO. 1, C.C.P., JULY 10, 2007)
Thatthe above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Davis moved:
Thatthe above - mentioned item be and the same is recommitted to the Committee on Finance.
ADOPTED.
NO. 105
BUFFALO CIVIC AUTO RAMPS, INC. (BD. PKG)
(ITEM NO. 2, C.C.P., JULY 10, 2007)
Thatthe above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Davis moved:
Thatthe above - mentioned item be and the same is recommitted to the Committee on Finance.
ADOPTED.
NO. 106
STATUS OF DOWNTOWN PARKING SITUATION (BD. PKG)
(ITEM NO. 3, C.C.P., JULY 10, 2007)
Thatthe above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Davis moved:
Thatthe above - mentioned item be and the same is recommitted to the Committee on Finance.
ADOPTED.
NO. 107
RESPONSE J, OSTROWSKI- PURCHASE / RENTAI
FAIRFIELD LIBRARY (STRAT PLAN)
(CCP #7, 7/10)
That the above item is hereby Received and Filed
ADOPTED
NO. 108
GRIDER STREET RECONSTRUCTION - CORRECTED BID TOTAL
(ITEM NO. 15, C.C.P., JULY 10, 2007)
Thatthe above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Davis moved:
Thatthe Acting Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to correctthe amountfor Grider Street Reconstruction
to be $4,752,710.52, as more fully described in the above communication.
RECEIVED AND FILED
NO. 109
GRIDER STREET RECONSTRUCTION —
ACCADIA SITE CONTRACTING
(ITEM NO. 47, C.C.P., JULY 10, 2007)
Thatthe above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Davis moved:
Thatthe above - mentioned item be and the same is hereby received and filed.
ADOPTED.
NO. 110
B. DAVIS- (EDPI) RFP DECONSTRUCTION OF UP TO TEN RESIDENTIAL PROPERTIES
(CCP# 48, 7110)
That the above item is hereby Received and Filed
ADOPTED
NO. 111
CALLING FOR INVESTIGATION OF DOUBLE DEDUCTIONS AND OVER BILLING BY WEB
(CCP# 128, 7110)
That the above item is hereby Received and Filed
ADOPTED
NO. 112
REPORT OF BIDS GRIDER STREET RECONSTRUCTION - EAST DELAVAN TO LEROY PIN #5756.51
(ITEM NO. 25, C.C.P., JUNE 26, 2007)
(ITEM NO. 67, C.C.P., JULY 10, 2007)
Mr Davis now moved thatthe above item is hereby received and filed
ADOPTED
NO. 113
J. OSTROWSKI- PURCHASE /PURCHASE /RENTAL OF THE FAIRFIELD LIBRARY
(CCP# 65, 5115)
That the above item is hereby Received and Filed
ADOPTED
NO. 114
J. OSTROWSKI- PURCHASE /PURCHASE /RENTAL OF THE FAIRFIELD LIBRARY(EDPI)
(CCP# 44, 6126)
That the above item is hereby Received and Filed
AYES — BONIFACIO, DAVIS, FONTANA, KEARNS, LOCURTO, RUSSELL AND SMITH — 7
NOES — FRANCZYK -1
ADOPTED
COMMUNITY DEVELOPMENT
(JOSEPH GOLOMBEK JR., CHAIRMAN)
NO. 115
REQ APPROVAL LDA -832 SYCAMORE(FILL)(HRG 7124)
(H RG. 7124)
(CCP# 123 - 7110107)
That the above item be and the same is returned to the Common Council without recommendation- -
A public hearing has been set, bet'— the Common Council, at this regularly scheduled meeting, on the above item, and a Notice of same has
been published in the Buffalo News, a copy of which is attached hereto.
On a motion by Mr. Bonifacio, seconded by Mr Fontana item is properly before the Common Council, and the hearing is opened.
CARRIED.
Appearances — none
Mr. Bonifacio now moved that the hearing be closed. Seconded by Mr Kearns
CARRIED
PASSED
AYES — 7 NOES — 1
AYES — BONIFACIO, FONTANA, FRANCZYK, GOLOMBEK, KEARNS, LOCURTO, RUSSELL AND SMITH
NOES - DAVIS
NO. 116
LAND DISPOSITION AGREEMENT WITH REVITALIZING URBAN NEIGHBORHOODS -
832 SYCAMORE STREET
(ITEM NO. 124, C.C.P., JULY 10, 2007)
That the City Clerk is hereby directed to publish the notice as attached to the above item and marked "Public Hearing" in the Buffalo News, no later
than July 13, 2007; and
Thatthis Common Council conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 p.m. in the Common Council
Chambers on the 24` day of July 2007,
ADOPTED
NO. 117
LAND DISPOSITION AGREEMENT APPROVAL OF CONTRACT FOR SALE OF LAND -
832 SYCAMORE STREET
(ITEM NO. 5, C.C.P., JULY 10, 2007)
Thatthe above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That after a public hearing on July 17, 2007, the Common Council approves the Contract for Sale of Land for Private Redevelopment by and
between the City of Buffalo Urban Renewal Agency and Revitalizing Urban Neighborhoods, Inc. as Redeveloperfor 832 Sycamore Street
PASSED.
AYES -7 NOES -1
AYES— BONIFACIO, FONTANA FRANCZYK, KEARNS, LOCURTO, RUSSELLANDSMTH
NOES — DAVIS
NO. 118
TRANSFER 493, 503, 541 & 543 SENECA AND 479 &481 ALABAMA
(ITEM NO. 6, C.C.P., JULY 10, 2007)
Thatthe Common Council approve the transfer of the above - referenced properties to the Buffalo Urban Renewal Agency for one dollar ($1.00).
Thatthe Office of Strategic Planning, Division of Real Estate, to prepare the necessary documents for the transfer of title an thatthe Mayor be
authorized to execute the same.
PASSED
AYES -8 NOES -0
NO. 119
URBAN HOMESTEAD URBAN RENEWAL PLAN —
REVISED LIST OF CITY, BNRC AND BURA PROPERTY
(ITEM NO. 8, C.C.P., JULY 10, 2007)
Thatthe above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
Thatthe Common Council approve the revised listing of eligible properties which are encompassed within the overall Urban Homestead Urban
Renewal Plan Project boundaries, in accordance with the Urban Homestead Urban Renewal Plan and thatthe Mayor be authorized to execute the
documents for the transfer of title for the properties.
PASSED
AYES -8 NOES -0
NO. 120
BASS PRO -PROS AND CONS
(ITEM NO. 52, C.C.P., JULY 10, 2007)
Thatthe above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
Thatthe above - mentioned item be and the same is hereby received and filed
ADOPTED.
NO. 121
M. KEARNS- CLINTON CALLS ON FEMA TO UPDATE BFLO FLOODPLAIN MAPS
CCP #53, JULY 10
That the above item is hereby Received and Filed
ADOPTED
NO. 122
MBBA LIENS CHARGED OFF AND MBBA LIENS RET.
(ASSESS /TAX) CCP #15, MAY 1
That the above item is hereby Received and Filed
ADOPTED
NO. 123
VACANT PROPERTY INVENTORY (EXC. 1ST &2 ID RES)
CCP #133, APRIL 3
That the above item is hereby Received and Filed
ADOPTED
NO. 124
J. FINK - HOMELAND SECURITY DECISION SEEN AS COSTLY
CCP #57, MAY 15
That the above item is hereby Received and Filed
ADOPTED
NO. 125
SUPP. EXT. OF METRO RAIL TO COBBLESTONE DISTRICT (EXC. 1 sT &2
CCP #121, APRIL 3
That the above item is hereby Received and Filed
ADOPTED
NO. 126
M. CLARKE- ESTABLISHING A LAND BANK ENTITY
CCP #58, JUNE 12
That the above item is hereby Received and Filed
ADOPTED
NO. 127
RESULTS OF NEGOTIATIONS —
84 WAVERLY STREET
(ITEM NO. 16, C.C.P., APR. 3, 2007)
(ITEM NO. 96, C.C.P., MAY 15, 2007)
That the offer from Mrs. Tiffany T. Williams, residing at 414 Masten Avenue, in the sum of One Thousand and Three Hundred Dollars
($1,300.00) forthe purchase of 84 Waverly Street, be and hereby is accepted, and
Thatthe transfer tax, recording fees and cost of legal description shall be paid by the purchaser, and
Thatthe 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 — 8 NOES — 0
NO. 128
SUPPORT BUFFALO ZOO GRANT APPLICATION
(ITEM NO. 106, C.C.P., MAY 15, 2007)
If the Zoological Society of Buffalo, Inc. is not able to obtain a grant for a park project at 300 Parkside, said property shall be forever
maintained by the City of Buffalo as a municipal park in this community consistent with the roles promulgated by the NYS Office of Parks,
Recreation and Historic Preservation.
ADOPTED
NO. 129
RESULTS OF NEGOTIATIONS -47 GRIDER
(ITEM NO. 10, C.C.P., JUNE 12, 2007)
(ITEM NO. 110, C.C.P., JUNE 26, 2007)
Thatthe above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
Thatthe offer from Rufus Liggans and Mrs. Evoria Liggans, residing at 7 Hunting Road, Cheektowaga, in the sum of two thousand and three
hundred dollars ($2,300.00) for the purchase of 47 Grider, be and hereby is accepted, and
Thatthe transfer tax, recording fees and cost of legal description shall be paid by the purchaser, and
Thatthe 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 — 8 NOES — 0
NO. 130
RESULTS OF NEGOTIATIONS - 444 WOODLAWN
(ITEM NO. 13, C.C.P., JUNE 12, 2007)
(ITEM NO. 111, C.C.P., JUNE 26, 2007)
Thatthe above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
Thatthe offer from Seventh Day Church of God Outreach Ministries, Daniel Hayles, 431 East Ferry Street, in the sum of three thousand
dollars ($3,000.00) for the purchase of 444 Woodlawn, 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
Mr. Golombek moved that the above item be recommitted to the Committee on Community Development.
37
ADOPTED
LEGISLATION
(RICHARD A. FONTANA, CHAIRMAN)
NO. 131
R. LUCCHINO, PETITION TO USE 937 ELMWOOD AVENUE REMODEL INTERIOR RESTAURANT
(ITEM NO. 59, C.C.P., JULY 10, 2007)
That after the public hearing before the Committee on Legislation on July 17, 2007, the petition of. Lucchino, owner, for permission to
remodel 937 Elmwood Avenue a restaurant be, and hereby is approved.
PASSED.
AYES — 8 NOES — 0
NO. 132
E. BUSCAGLIA, PETITION TO USE 1991 SENECA STREET-
EXPAND AND REMODEL BKWIK TO INCLUDE SIT -IN
RESTAURANT
(ITEM NO. 50, C.C.P., JULY 10, 2007)
Thatthe above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Fontana moved:
That after the public heating before the Committee on Legislation on
July 17, 2007, the petition or. Buscaglia, owner, for permission to expand and remodel 1991 Seneca Street to
include a sit -in restaurant be, and hereby is approved.
PASSED.
AYES — 8 NOES — 0
NO. 133
J. CLOSE, PETITION TO USE 821 ELK STREET - GROUND SIGN
(ITEM NO. 61, C.C.P., JULY 10, 2007)
Thatthe petition of J. Close, agent, for permission to use 821 Elk Street for a ground sign be, and hereby is approved.
PASSED.
AYES — 8 NOES — 0
NO. 134
B. DAVIS -R. GALLAGHER- RELOCATION OF ALCOHOL &
DRUG DEPENDENCY SERVICES INC.
CCP #49, JULY 10
That the above item is hereby Received and Filed
ADOPTED
NO. 135
J. GOLOMBEK- FINDINGS AND RECOMMENDATIONS BY THE LIVING WAGE COMM
CCP #51, JULY 10
That the above item is hereby Received and Filed
ADOPTED
NO. 136
TRAILBLAZING NIAGARA STREET TO "AVENIDA SAN JUAN"
(ITEM NO. 119, C.C.P., JULY 10, 2007)
Thatthe above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Fontana moved:
Thatthe Commissioner of Public Works, Parks & Streets be, and he hereby is authorized to install trailblazing signs beneath the existing street
signs on Niagara Street from Niagara Square to Porter Avenue proclaiming that portion as "Avenida San Juan ".
PASSED.
AYES — 8 NOES — 0
NO. 137
NON - APPLICABILITY OF THE LORD MANSFIELD RULE IN NEW YORK STATE
(ITEM NO. 130, C.C.P., JULY 10, 2007)
Thatthe Common Council does hereby request New York State to follow a change of position in the usage of Lord Mansfield Law and declare
a non - applicability of the Lord Mansfield Rule in New York State.
ADOPTED
AYES — BONIFACIO, DAVIS, FONTANA, KEARNS, LOCURTO, RUSSELL, SMITH
NOES - FRANCZYK
NO. 138
B. DAVIS - MOLINA NOTICE OF CLAIMS
CCP #65, JUNE 26
That the above item is hereby Received and Filed
ADOPTED
NO. 139
UNIVERSITY HEIGHTS QUALITY OF LIFE INITIATIVE (3 ONLY)
CCP #171 MARCH 6
That the above item is hereby Received and Filed
ADOPTED
NO. 140
FOOD STORE LICENSE - 534 BROADWAY
(ITEM NO. 32, C.C.P., MAR. 20, 2007)
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit & !inspections Services be, and he
hereby is authorized to grant a Food Store License to Shawqi Ahmed, located at 534 Broadway.
PASSED.
AYES — 8 NOES — 0
NO. 141
FOOD STORE LICENSE -2140 SENECA
(ITEM NO. 19, C.C.P., FEB. 20, 2007)
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit & Inspections Services be, and he
hereby is authorized to grant a Food Store License to Ali Khulaqi, located at 2140 Seneca.
PASSED.
AYES — 8 NOES — 0
NO. 142
SCRAP PROCESSOR - 540 EAST DELAVAN
(ITEM NO. 34, C.C.P., MAY 1, 2007)
Thatthe above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Fontana moved:
THAT THE ABOVE ITEM BE RECOMMITTED TO THE COMMITTEE ON LEGISLATION
ADOPTED
AYES — 8 NOES — 0
NO. 143
WHOLESALE JUNK DEALER -540 EAST DELAVAN
(ITEM NO. 40, C.C.P., MAY 1, 2007)
Thatthe above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Fontana moved:
Thatthe above item be recommitted to the Committee on Legislation
ADOPTED
SPECIAL COMMITTEES
EDUCATION
(DEMONE A. SMITH, CHAIRMAN)
NO. 144
WHOLESALE JUNK DEALER -41 HANNAH
(ITEM NO. 40, C.C.P., MAY 29, 2007)
That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspections Services be, and he hereby is authorized to grants
Wholesale Junk Dealer license to Michael Diamond, located at 41 Hannah.
PASSED.
AYES — 8 NOES - 0
NO. 145
COMPOSITE REPORT ON DISTRICT DROPOUTS (BD ED)
CCP #42, MAY 1
That the above item is hereby Received and Filed
ADOPTED
NO. 146
G. CROSBY -K. KULA - LORRAINE ELEMENTARY IN NEED OF RECONSTRUCTION
CCP #43, MAY 1
That the above item is hereby Received and Filed
ADOPTED
NO. 147
DISTRICT SUSPENSION DATA (SEPT. 07JAN. 07) (BD. ED.)
CCP #38, APRIL 3
That the above item is hereby Received and Filed
ADOPTED
NO. 148
D. SMITH - MONTESSORI PAREMS' ASSN. -REQ. MTG.
DISCUSS CONSOLIDATION OF MONTESSORI SCHOOLS
CCP #59, APRIL 3
That the above item is hereby Received and Filed
ADOPTED
NO. 149
M. KEAMS -K. KULA - LORRAINE ELEMENTARY IN NEED OF RECONSTRUCTION
CCP #48, APRIL 17
That the above item is hereby Received and Filed
ADOPTED
RESOLUTIONS
NO. 150
BYMR. BONIFACIO
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – —
REQUEST DEPARTMENT OF PUBLIC WORKS TO IMPLEMENT TRAFFIC STUDY FOR A FOUR
(4) - WAY STOP ON WEST DELAVAN AT HERKIMER STREET
Whereas: The Niagara District Council office has received numerous concerns from
area residents regarding safety at the intersection on West Delavan at Herkimer, and
Whereas: The City would like to address those concerns swiftly and accordingly, it seems appropriate that the City should implement an
immediate traffic study of the affected area with the possibility of establishing a four (4) - way stop at the intersection, and
Now, Therefore It Be Resolved:
That the Common Council does hereby request that the Department of Public Works implement an immediate Waffle study of the intersection
on West Delavan at Herkimer with the possibility of establishing a four (4) - way stop.
PASSED
AYES – 8 NOES – 0
NO. 151
Y: MR. BONIFACIO
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – —
A LOCAL LAW
CITY OF BUFFALO
LOCAL LAW NO. - - -- (2007) INTRODUCTORY 7 (2007)
amending the Charter of the City of Buffalo in relation to the Department of Police
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF
BUFFALO AS FOLLOWS:
Section 1: That Article 20 of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows:
ARTICLE 20 Budgeting
A. The Annual Operating Budget
§ 20 -1. Departmental Estimates.
On or before the first day of February in each year the head of each administrative unit shall prepare and submit to the mayor through the
division of budget an itemized estimate, in such form as the mayor may require, of(a) the sum of money deemed necessary to meet the
expenditures of such administrative unit for the ensuing fiscal year, separately stating the amount required for all purposes, and (b) the
revenues to be realized during the ensuing fiscal year from its operations. The comptroller shall include in his estimate the sum of money
required to meetthe interest and principal accruing during the next fiscal year on bonds, notes and certificates of indebtedness, separately
stating the amounts required for school purposes and for all other purposes. The term "administrative unit," as used in this article, includes the
council, departments, the board of education, boards and commissions empowered to appoint subordinate officers or employees, and any
other board, commission or agency not embraced within a department. For purposes of this article, the president of the council shall be
deemed the head of the council as such an administrative unit.
§ 20 -2. Revision by Mayor.
The mayor, after hearings thereon, at which he shall require the attendance of the heads of the respective administrative units, shall revise the
estimates, with power to increase, decrease or make such changes as may serve for the best interests of the city. The president and the
chairman of the finance committee of the council shall be notified of and attend such hearings and shall be permitted to make inquiry in
respect to all matters affecting the items in such estimates. The mayor may make reasonable regulations governing the conduct of such
hearings and may delegate the power to conduct such hearings, or any of them, to the director of the budget. The director of the budget and
his or her subordinates shall assist the mayor in preparing for and in conducting such hearings and in the work of revision of such estimates.
§ 20 -3. Mayor's Budget.
A -.. –. On or before the first day of May each year, the mayor shall submit to the council a budget containing a complete plan of proposed
expenditures and estimated revenues for the next fiscal year. Therein he shall set forth in detail and summary:
(a) Estimates of the expenditures necessary in his judgment for carrying on the city government for the ensuing fiscal year, separately
stating the estimates of expenditures necessary for school purposes and for all other purposes and stating in total the amount necessary to
accomplish every separate function of each administrative unit or other purpose.
(b) Estimates of the receipts of the city during the ensuing fiscal year under laws existing at the time of the budget is transmitted and also
under the revenue proposals, if any, contained in the budget, and shall allocate separately the estimates of receipts to be credited for school
purposes and for all other purposes.
(c) The expenditures and receipts of the city during the last completed fiscal year.
(d) Estimates of the expenditures and receipts of the city during the current fiscal year.
(e) The balanced statements of the condition of the treasury at the end of the last completed
fiscal year and the estimated condition of the treasury at the end of the current fiscal year.
(f) All essential facts regarding the bonded and other indebtedness of the city.
(g) Such other financial statements and data as in the mayor's judgment are necessary or
desirable in order to make known in all practicable detail the financial condition of the city. (h) Any recommendations of the mayor to the
council with respect to new sources of revenues.
(i) For each separate function of each administrative unit or other purpose:
i an outline of the administrative organization for the performance of the function,
ii a summary of the expenditures, estimated fringe benefits and other unallocated
indirect costs, and net cost or gain to the city of such function during the last two
completed fiscal years, as estimated for the current fiscal year, and as budgeted
for the ensuing fiscal year,
iii a summary explanation of any major changes in revenues or expenditures and
any non - recurring revenue or expenditure,
iv a summary of the objectives of such function during the ensuing fiscal year, the
services to be provided to the residents or government of the city, and to the
extent reasonably practicable the number of units and the unit cost of each such
service.
(j) A statement estimating the fiscal impact of any condition that may be reasonably foreseen as likely to cause a deficit in the ensuing year
or to require a tax increase or reduction of services in order to avert a deficit in the ensuing year or in the year following the ensuing year.
B. Four -Year Financial Plan.
In support of the Mayor's budget and to assist the Common Council in its review as provided pursuant to this article, commencing with the
City's 2008 -2009 Fiscal Year and continuing in each subsequent fiscal year, the Mayor shall prepare and submit to the Common Council a
Lour financial plan. The financial plan shall contain actions sufficient to ensure with respect to the major operating funds for each fiscal
year of the plan that annual aggregate operating expenses for such fiscal year shall not exceed annual aggregate operating revenues for such
fiscal year.
§ 20 -4. Restrictions on Estimates and Requests.
No estimate or request for an appropriation, except as herein before provided, and no requestfor an increase in any item of such estimate and
no recommendations as to how the city's needs may be met shall be submitted to the council, or to any member of any committee thereof, by
any department, or division of a department, any commission, board or agency of the city or by an officer or employee thereof unless required
by the council.
§ 20 -5. Appropriations for Capital Improvements or Payment of Capital Notes, Exclusion from Tax Limitation.
Whenever the city of Buffalo shall issue bonds or bond anticipation notes for a specific capital improvement or several specific capital
improvements, or make expenditures for a specific capital improvement from the proceeds of bond or bond anticipation notes issued for a
class or classes of capital improvements or from a fund into which the proceeds of bonds or bond anticipation notes are paid, that part of the
cost of capital improvements which the city of Buffalo is required under the provisions of section 107.00 of the local finance law to pay from
"current finds," as that term is defined in paragraph a of section 107.00 of the local finance law, shall be provided only by direct budgetary
appropriations or the proceeds of capital notes issued for the payment of the cost of capital improvements.
The common council may by resolution elect to exclude from the tax limitation prescribed by section ten of article eight of the state
constitution, all Or part of the taxes required for such direct budgetary appropriations or for the redemption of such capital notes, and the
amounts so excluded shall not be diverted to a purpose other than for which such appropriations or capital notes were made or issued.
For the purpose of this section, the term "capital improvements" shall mean:
(a) Any physical public betterment or improvement or any preliminary studies and surveys relative thereto, or
(b) Land or rights in land, or
(c) Any furnishings, machinery, apparatus or equipmentfor any physical betterment or
improvement when such betterment is first constructed or acquired, or
(d) Any combination of items (a), (b), and (c), or
(e) Boats, firefighting vehicles and apparatus, machinery for highway construction and
maintenance, and motor vehicles having periods of probable usefulness assigned in subdivisions
twenty -six, twenty- seven, twenty- eight, and twenty -nine of paragraph a of section 11.00 of the local finance law.
§ 20 -6. Budget Message.
The mayor shall submit to the council with the proposed budget a budget message which shall: (a) describe the important features of the
current budgetwith reference both to proposed expenditures and anticipated income and a general summary showing the current and capital
requirements for the fiscal year, with supporting schedules,
(b) exhibit the aggregate figures of the current budget in such manner as to show a balanced relation between the total proposed expenditures
and the total anticipated income forthe fiscal year covered by it,
(c) compare these figures with the corresponding figures of the last completed fiscal year and the year in progress, and
(d) outline a fiscal policy for the city and describe its relationship to the objectives of the mayor's annual management plan and report and
the four -year strategic plan.
The message shall contain such comments with respect to the capital plan and budget as the mayor may deem advisable, including the
probable effect thereof for each of the years involved. The city clerk shall promptly publish the budget message in the city record and distribute
a summary to the news media.
§ 20 -7. Comptroller's Assessment of Accuracy of Revenue and Expenditure Assessments.
On or before the tenth day of May, the Comptroller shall submit to the council an assessment of the accuracy of the revenue and expenditure
estimates of the budget the mayor submits to the council.
§ 20 -8. Action on Budget.
At the first meeting of the council after the submission to it by the mayor of the annual budget, the council shall proceed to a consideration
thereof.
The council may strike out or reduce items therein and may add thereto items of appropriation, provided that such additions are stated
separately and distinctly from the original items of the budget and refer each to a single object or purpose.
If no additions are made by the council, the budget, as passed by it, shall be deemed to have been adopted without any action of the mayor, if
however, the budget as passed by the council contains any such additions, it must be presented by the city clerk to the mayor on or before the
fifth day of June, two thousand and three, and on or before the twenty- second day of May each succeeding year for his or her consideration of
such additions. If the mayor approves all the additions, he or she shall affix his or her signature to a statement thereof and return the budget
and such statement to the city clerk. The budget, including the additions as part thereof, shall then be deemed to have been adopted. The
mayor may object to any one or more or such added items and in such case shall append to the budget a statement of the added items to
which he or she objects with the reasons for his objections and shall return the budget with his or her objections to the city clerk who shall
present the same to the council at its next stated or special meeting. The council shall thereupon enter the objections upon its journal and
proceed to reconsider the additions so objected to. If upon such reconsideration two- thirds of all the members constituting the council vote to
approve such additions, or any of them,
notwithstanding the objections of the mayor, the budget with the additions so approved, together with any additions not so objected to by the
mayor, shall be deemed to have been adopted. If the budget with additions is not returned by the mayor to the city clerk with his or her
objections within ten days after its presentation, it shall be deemed to have been adopted.
Ira budget has not been adopted, as herein provided, on or before the twentieth day of June, two thousand and three, and on or before the
eighth day of June each succeeding year then the budget, as submitted by the mayor, including all additions to which he or she has failed to
object, shall be the budgetfor the ensuing fiscal year.
The city clerk shall publish a summary of the council's budget actions in the city record and distribute it to the news media.
§ 20 -9. Limitation of Grants -in -Aid.
The budget, as finally adopted, shall not appropriate, for grants -in -aid to approved agencies, more than three percent (3%) of the approved tax
levy for the fiscal year in effect at the time of • the newly adopted budget. For purposes of this section, "approved agencies" are defined as
those groups which have satisfied all requirements of sections 20 -1 through 20 -6 of this article and of section 6 -30 of the code of the city of
Buffalo.
§ 20 -10. Fixed Items.
Each department, division, city agency or other purpose shall be credited with the appropriation included in the budgetfor it. The appropriation
for every function of each department, division, city agency or other purpose shall be a fixed item and the total expenditures for each such
function shall not exceed the appropriation therefor as originally made or increased.
The expenditures for the major objects included within each function shall not exceed the amount allocated therefor except thatthe director of
the budget may approve in writing the reallocation of funds to or from any major object of expenditure, including personal services, within the
appropriation for every function of each department, division, city agency or other purpose and may allocate the amount of any increased
appropriation in like manner, provided, however, that the total expenditure for all major objects within any function shall not exceed the
appropriation for such function as originally made or increased.
§ 20 -11. Increases Over Budget Appropriations.
The expenditures for each function of every department, division, city agency or other purpose shall be kept within the amounts fixed in the
budget for each such function, except thatthe council may by a two- thirds vote, upon the certificate of the mayor and comptroller, showing the
necessity therefor, increase the appropriation for any function to meet any contingency which could not have been reasonably foreseen when
the budget was adopted, but such increase shall not be in excess of the amount specified in such certificate. Except as otherwise provided by
section 29.00 of the local finance law, no appropriation shall be increased for the current fiscal year after the adoption of the budget for the
next succeeding fiscal year.
§ 20 -12. Transfer of Funds.
The council may in any fiscal year, by a two- thirds vote, on a certificate of the mayor and the comptroller showing the necessity therefor,
direct the transfer of any unexpended balance of the appropriation for any function from any department, division, city agency or purpose to
another department, division, city agency or purpose, provided the item or part of the item so transferred was contained in the annual budget
for the current fiscal year and will not be needed by the department, division, city agency or purpose for which it was appropriated.
Money raised by tax for any particular purpose shall be applied only to that purpose except as in this section provided and any city officer who
shall assist in its use for any other purpose shall be subject to removal from office.
§ 20 -13. Liabilities in Absence of Appropriation.
No department, division, city agency or officer shall incur any expense or liability on behalf of the city to be met by general taxation nor attempt
to bind the city in any way unless there be available an appropriation for such expense or liability.
§ 20 -14. Excess Expenditures Prohibited.
Each department, division and city agency and each officer thereof shall be governed by the appropriations allotted thereto in the budget or
increased as in this act provided, and shall not incur any expense or liability in excess of any such appropriation as originally made or
increased.
§ 20 -15. Penalties on Misuse of Appropriations.
Any officer who shall incur or who shall assist in incurring any expense or liability in violation of either of the two preceding sections shall be
subjected to removal from office.
§ 20 -16. Certificate of Presentation to Mayor.
The city clerk shall make a certificate of the time of the presentation to the mayor of a resolution or ordinance or a budget with additions, which
the mayor has neglected for ten days to approve or return which certificate shall be entered upon the journals of the council.
§ 20 -17. Budget Monitoring.
The director of the budget shall submit to the mayor and the council within 45 days of the close of the first, second and third fiscal quarters of
the city's fiscal year a report:
(1) summarizing the actual revenues and expenditures for such quarter as compared to such estimates in the budget,
(2) projecting, based on any material revenue and expenditure trends or other factors that the director reasonably believes may influence the
city's finances, probable fiscal year -end results as compared to the budget, and
(3) projecting the impact of such trends or factors on the following fiscal year and such other future fiscal years as the director deems
appropriate to consider-
Prior to submitting the report to the mayor and the council, the director shall! submit a draft report to the comptroller for review and comment. If
in the comptroller's opinion the final report raises any substantial issue, the comptroller shall promptly submit to the mayor and the council a
statement describing such issue.
& 20 -17.1. Fund Balance Policy
A. Unreserved Fund Balance
Beginning in Fiscal Year 2007 -08, the City of Buffalo shall set aside an amount of general fund unreserved fund balance equal to no less than
30 days of prior year expenditures pursuant to a fund balance policy. Said policy shall be approved by the Mayor and Comptroller subject to a
majority vote of the Common Council and approved as to form by the Corporation Counsel. These funds shall be used for extraordinary
operating or capital needs that could not be anticipated and cannot be funded with current budget resources. It shall be the Comptroller's
• responsibility to submit to the Mayor and the Common Council the annual calculation that determines the amount to be placed in these
funds.
B. Reserved Fund Balance
Beginning in Fiscal Year 2007 -2008, the City of Buffalo shall set aside a reserve of general fund fund balance in an amount of up to 15 days of
Prior year general fund expenditures, or as otherwise authorized by law. The reserve shall be for purposes allowed for in General Municipal
Law, Section 6. The Common Council shall adopt a resolution authorizing the establishment of such reserves in accordance with the terms of
such law. It shall be the Comptroller's responsibility to submit to the Mayor and the Common Council the annual calculation that determines
the amount to be placed in these funds.
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
local law shall be controlling.
Section 3. This local law shall take effect immediately.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 152
BY MR. BONIFACIO
RE: HOME RULE MESSAGE SENATE BILL #3531A, ASSEMBLY BILL #06482A, "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 #3531A and New York State Assembly #06482A 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:
Thatthe Common Council of the City of Buffalo hereby goes on record in support Of Senate Bill #3531A and Assembly Bill #06482A "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 Legislation delegation
ADOPTED
NO. 153
SPONSOR: MR. BONIFACO
RE: REQUEST FOR RATIFICATION OF MILESTONE # 2 OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BUFFALO, THE TOWN OF
FORT ERIE AND THE PEACE BRIDGE AUTHORITY
Whereas: The Buffalo and Peace Bridge Authority is the project sponsor for a border crossing expansion project being proposed between the
City of Buffalo, and the Town of Fort Erie (the "Project'), and
Whereas: The City of Buffalo and the Town of Fort Erie and the Peace Bridge Authority entered into a Memorandum of Agreement (the
"Agreement') dated January 2g` ° '2003 setting forth certain procedures to be followed in the preparation and review of an Environmental
Impact Statement under the Bi- National Integrated Environmental Review Process being conducted for the Project, and
Whereas: Under the Agreement the City of Buffalo is to review and ratify the progress of the Project atthree critical milestones which are
1) Completion of the Final Scoping Document/Alternative Screening
2) Completion of the Draft Environmental Impact Statement, and
3) Completion of the pre -Final Environmental Impact Statement; and
Whereas: the Peace Bridge Authority has submitted a Draft Environmental Impact Statement for review and publication
Whereas: This Body has renewed the Draft Environmental Impact Statement and has determined that it thoroughly studies the impacts of the
Project on the City of Buffalo and retains alternatives which have the potential to avoid, minimizing or mitigating against adverse impacts of the
Project on the City of Buffalo
Now Therefore Be It Resolved:
That the Common Council of the City of Buffalo ratifies Milestone # 2 of the Memorandum of Understanding to allow for the publication of the
Draft Environmental Impact Statement by the Peace Bridge Authority.
PASSED
AYES- 8 NOES- 0
No. 154
BY: COUNCILMEMBER DAVIS
SET PUBLIC HEARING
PROPOSED UTILITY EASEMENT
56 NASH STREET
WHEREAS, the City of Buffalo Urban Renewal Agency and Verizon New York, Inc. have negotiated a Utility Easement Agreement for 56
Nash Street, and
WHEREAS, the terms of said Utility Easement Agreement have been approved by the City of Buffalo Urban Renewal Agency; and
WHEREAS, said Utility Easement Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this Common Council for
action, pursuant to Section 507, subdivision 2 of the General Municipal Law, and
WHEREAS, Section 507(2) of the "General Municipal Law" requires that the disposition of land in an Urban Renewal Project may be approved
only after a public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. Thatthe City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the Buffalo News, no later
than the 25 of August 2007.
2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at 2:00 P.M. in the Council
Chambers on the 4` of September 2007.
ADPOTED
NO. 155
BY: BRIAN C. DAVIS
PERMISSION TO HANG A BANNER ON NORTHAMPTON STREET
AT THE CORNER OF WHOLERS AVENUE
Whereas: The Community Action Information Center, along with the neighboring community, is looking forward to celebrating National Night
Out on Tuesday, August 7, 2007, and
Whereas: In an effort to advertise National Night Out and increase community participation and awareness of the event, they would like to
hang a banner; and
Whereas: The Community Action Information Center is familiar with the banner requirements, and will purchase the necessary bond before
the banners are hung.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo grants permission for the Community Action Information Center to hang a banner from Friday,
July 27, 2007 until Wednesday, August 8, 2007 on Northampton Street, at the corner of Wholers Avenue, and
Be It Finally Resolved:
That the banners meet all the requirements of pertinent City Departments and that no existing laws are violated.
PASSED
AYES 8 —NOES 0
NO. 156
BY: COUNCILMEMBER DAVIS
PROPOSED UTILITY EASEMENT
AGREEMENT — 56 NASH ST
WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the "General Municipal
Law" and
WHEREAS, the proposed Utility Easement Agreement has been duly submitted to this Common Council by the Buffalo Urban Renewal
Agency; and
NOW, THEREFORE, BE IT RESOLVED:
1. That the Mayor, the Chairman, Vice - Chairman, or any officer of the Buffalo Urban Renewal Agency is hereby authorized to execute any and
all Agreements or other documents necessary to effectuate the proposed Utility Easement Agreement with final form subject to approval of
Agency Legal Counsel.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
NO. 157
BY: BRIAN C. DAVIS
PERMISSION TO HANG A BANNERS ON WASHINGTON AND PEARL STREETS
Whereas: Buffalo Place along with the business community in the Buffalo Place District are looking to move forward with their light pole
banner program this year, and
Whereas: Buffalo Place would like permission to hang banners along Washington Street and Pearl Street to advertise the business in the
district. A complete list indicating the exact locations and pole numbers is attached, and
Whereas: Buffalo Place is familiar with the banner requirements, and will purchase the necessary bond before the banners are hung.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo grants permission for Buffalo Place to hang banners from Friday July 27, 2007 until Monday,
September 10, 2007, "and
Be It Finally Resolved:
That the banners meet all the requirements of pertinent City Departments and that no existing laws are violated.
PASSED
AYES 8 — NOES 0
NO. 158
BY: BRIAN C. DAVIS
,SHIFT OF OPERATIONS INTO AN EMPIRE ZONE
Whereas: WG Medical Group LLC, has provided medical care services since 2003 and had its current location at 929 Washington Street,
Buffalo, NY since that time, and
Whereas: Due to its expanding business and the need for more space, WG Medical Group LLC finds it necessary to relocate, and
Whereas: WG Medical Group LLC, has met with members of the Buffalo Economic Renaissance Corporation in an effort to find location
within a City of Buffalo Empire Zone; and
Whereas: WG Medical Group LLC, will relocate to 700 Michigan Avenue, which is located within a City of Buffalo Empire Zone.
Now, Therefore, Be It Resolved:
Thatthe Common Council of the City of Buffalo hereby approves the relocation of WG Medical Group LLC, from 929 Washington Street to 700
Michigan Street, which is located within a City of Buffalo Empire Zone.
PASSED
AYES 8 — NOES 0
NO. 159
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:
Thatthe Buffalo Common Council approves the appointment of Richard J. Morrisroe to the position of Legislative Aide
PASSED
AYES 8 — NOES 0
NO. 160
BY: MR. DAVIS
CAPITAL BUDGET AMENDMENT
ADDITION TO CAPITAL PROGRAM 2007
That pursuant to §20 -28 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the Capital
Program for the fiscal year 2007 be and the same is hereby amended by adding the following item under the heading:
30320106 - 445100
Capital Projects - Bailey Genesee Fire Station $900,000.00
PASSED
AYES 8 — NOES 0
NO. 161
BY: MR. FONTANA
CO- SPONSOR: MR. KEARNS
FLOOD INSURANCE
WHEREAS: Thousands of homeowners in Buffalo pay mandatory flood insurance premiums on homes with mortgages owed on them, and
WHEREAS: The Common Council recently completed a study and attached survey of local residents outlining the concerns residents have
regarding this mandated Federal flood tax on their mortgages; and
WHEREAS: It is the Common Council's contention that residents of the affected areas of South Buffalo and Kaisertown are unjustly classified
within a Federal Flood Zone and should be removed from the flood insurance rate map (FIRM), and
WHEREAS: The Common Council along with the Mayor approved a $20,000 addition to the 2007 and 2008 City Budget to hire a consultantto
prepare the necessary documents to present to FEMA to declassify parts of Buffalo from the flood zone, and
WHEREAS: Once the application to FEMA is completed, FEMA can act upon the City's request.
THEREFORE BE IT RESOLVED THAT The Common Council does hereby grant permission to the Brown Administration and the Acting
Commissioner of Public Works to hire a consultant, as per city rules, to prepare the necessary documentation to present to FEMA with the
elimination of the flood zone as its' chief mission.
ADOPTED
NO. 162
BY: MR. FRANCZYK
WAIVE FEES FBOR WORLDCHANGERS PROJECT
WHEREAS: WorldChangers, a mission project of the Southern Baptist Conference is scheduled to come to Buffalo from July 30 - August 3,
2007, to perform painting and minor home repairs for approximately 35 needy low income homeowners referred by Buffalo City Housing
Court ; and,
WHEREAS: These 450 volunteers, consisting of teens with adult chaperones, many of whom are skilled in construction, raised their own
money to support their expenses for this weeklong project, and,
WHEREAS: The NHS of South Buffalo and the Old First Ward Community Center will conduct the eligibility screening for the homeowner
participants, as well as provide for free the necessary rehab materials forthe project using private funds; and,
WHEREAS: The waiving of fees associated with any required licenses and permits for this project would help to maximize the number
homeowners assisted with as much rehab work as possible,
NOW THEREFORE BE IT RESOLVED: That the Buffalo Common Council agrees to waive the fees for any necessary licenses and permits
for this WorldChangers project in Buffalo, July 30- August 3, 2007, as coordinated by NHS of South Buffalo and the Old First Ward Community
Center.
PASSED
AYES - 7 Davis, Fontana, Kearns, Locurto, Russell, Smith
NOES- 1 Bon ifacio
NO. 163
BY: MR. FRANCZYK
COUNCIL MEMBER GOLOMBEK EXCUSED FROM COUNCIL MEETING
RESOLVED:
That Council Member Joseph Golombek be and hereby is excused from
attendance at the Common Council Meeting of July 24, 2007.
ADOPTED
NO. 164
BY: MR. FRANCZYK, MR. LOCURTO
WAIVE BUILDING PERMIT FEES FOR THE BUFFALO ZOO
WHEREAS: The Buffalo Zoo, the third oldest facility of its kind in the country, over the last several years has made tremendous progress
toward a full renovation of its Delaware Park facility, and
WHEREAS: Their successful campaigns have raised more than $26 million for capital projects which includes updating the Main Animal
Building, creating the new Sea Lion Cove and Otter Creek exhibits, and the October, 2006 groundbreaking for the South American Rainforest
exhibit, the centerpiece of the Zoo's renovation, which will debut in 2008, and,
WHEREAS: Asian elephants have been part of the Zoo's collection since 1900, having
been housed in the architecturally significant Elephant House since 1912, and
WHEREAS: In 2006, new minimum space requirements for elephants, developed by the Association of Zoos and Aquariums (AZA), went into
effect, rendering the current Buffalo Zoo's Elephant House too small for accreditation and requiring either an expansion of the existing facilities
by the Zoo or subsequent reductions or elimination of the Zoo's elephant population, and
WHEREAS: The Buffalo Zoo has chosen to not only retain the historical Elephant House and its three resident elephants, but plans to
renovate, upgrade and expand the facility to allow for future growth of this exhibit, and,
WHEREAS: The Buffalo Common Council desires to assist in any way possible the renovation efforts of the Buffalo Zoo, this tremendous
regional tourist attraction, and a true gem in Buffalo's Olmstead Park System,
NOW THEREFORE BE IT RESOLVED: That the Buffalo Common Council agrees to waive any fees associated with building permits required
for the renovation and expansion of the Buffalo Zoo's Elephant House, in order to assist the Zoo in their ongoing work to make our Zoo the
best it can be.
PASSED
AYES — 7 Davis, Fontana, Franczyk, Kearns, Locurto, Russell, Smith
NOES- 1 Bonifacio
NO. 165
BY: MR. GOLOMBEK
LEGISLATIVE ASSISTANT APPOINTMENT
WHEREAS: I am appointing Sandra S.F. Battel, who resides at 64 Fuller Street, Buffalo, New York as a Legislative Assistant in my office, and
WHEREAS: Ms. Battel has previously worked for the Boys and Girls Clubs of the Northtowns and the Buffalo and Erie County Historical
Society, and is quite capable of filling this position, and
WHEREAS: Ms. Battel is graduate at the State University of New York College at Buffalo with a Bachelor of Arts degree in Business Studies
and Office Administration and is also involved in many North District community organizations.
NOW THEREFORE BE IT RESOLVED THAT
Ms. Sandra S. F. Battel is appointed as a Legislative Assistant for the North District.
PASSED
AYES 8- NOES 0
NO. 166
BY: MR. GOLOMBEK
LEGISLATIVE ASSISTANT APPOINTMENT
WHEREAS: I am appointing Timothy J. vonder Empten, who resides at 64 Fuller Street, Buffalo, New York as a Legislative Assistant in my
office; and
WHEREAS: Mr. von der Empten currently works in my office as a Legislative Aide and has also served in the New York State Air National
Guard for the past 10 years, and is quite capable of filling this position, and
WHEREAS: Mr. vonder Empten is graduate at the State University of New York College at Buffalo with a Bachelor of Arts degree in Political
Science.
NOW THEREFORE BE IT RESOLVED THAT
Mr. Timothy von der Empten is appointed as a Legislative Assistant for the North District.
PASSED
AYES 8 — NOES 0
NO. 167
BY. MR. GOLOMBEK
APPOINT ASSISTANT LEGISLATIVE AIDE
Whereas I am appointing Shannon Fracos who resides at 314 St Lawrence St, Buffalo,
NY 14216 to the position of Assistant Legislative Aide in The City Clerk's Office, and
Now therefore be it resolved that
Ms. Fracos is appointed to the position of Assistant Legislative Aide in The City Clerk's Office.
PASSED
AYES 8 — NOES 0
NO. 168
BY: MR. GOLOMBEK
ORDINANCE AMENDMENT
CHAPTER 437, TAXICABS AND LIVERIES
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 437 of the Code of the City of Buffalo be amended to read as follows:
§ 437 -19. Taxi stands.
A. The following are hereby designated as places where taxicabs may stand while
awaiting employment:
Name Location and Number
of Street Side Restrictions of Cabs
West Seneca Street South Between Main St and 3
A point 60' south there from.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 169
BY: MR. GOLOMBEK
PERMISSION TO HANG BANNER ACROSS ELMWOOD AVENUE
Whereas: The J.P. Bufllfeather's 5 Kilometer race will take place on August 8, 2007, and all proceeds will benefitthe Engineering Society of
Buffalo's student scholarship fund, and
Whereas: The Nickel City 5 Kilometer race will take place on August 31, 2007 and all proceeds will provide area athletes with equipment,
training and scholarships; and
Whereas: The J.P. Bullfeather's has been held in Buffalo for 27 years, and the Nickel City race is in its 22 year running, and
Whereas: The event sponsors are requesting permission to hang one (1) banner at 1010 Elmwood Avenue that would promote both races,
and
Whereas: The banner will hang across 1010 Elmwood Avenue from, August 1, 2007 to August 31, 2007,
Now, Therefore, Be It Resolved:
That the City of Buffalo hereby permits the Nickel City Runners and Engineering Society of Buffalo hang a banner across 1010 Elmwood
Avenue to promote their races. The banner will be installed on August 1, 2007 and stay up until August 31, 2007, and
Now, Therefore, Be It Further Resolved:
Thatthe banner be hung in accordance with all conditions, restrictions, and requirements
as set forth by the City of Buffalo and the Department of Public Works, Parks and Streets.
PASSED
AYES 8 —NOES 0
NO. 170
BY: MR. GOLOMBEK
DISCHARGE ITEM FROM THE COMMITTEE ON COMMUNITY DEVELOPMENT
(NO. 75 CCP 7110107- RESULTS OF NEG. -SALE OF VACANT LAND
7 PARCELS (STRAT. PLAN.) ( #7,6126)
Whereas: No. 75, CCP 7/10/07 - Results of Neg. Sale of Vacant Land 7 Parcels (Strat. Plan) ( #7, 6/26) is currently before the Committee on
Community Development, 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 Committee on Community Development from further consideration of No. 75 CCP
7/10/07 - Results of Neg. Sale of Vacant Land 7 Parcels (Strat. Plan.) ( #7, 6/26) is currently before the Committee on Community
Development, and said item is now before the Council.
PASSED
AYES 8 — NOES- 0
NO. 171
BY: MR. GOLOMBEK
DISCHARGE ITEM FROM THE COMMITTEE ON COMMUNITY DEVELOPMENT
(NO. 77 CCP 7110107- REQ. FOR APPR -LDA & FOR TRANSFER OF 23 VACANT
PARCELS TO HOMEFRONT INC. (HRG. 6126) ( #107, 6126)
Whereas: No. 77, CCP 7/10/07 - Req. for Appr -LDA & for Transfer of 23 Vacant Parcels to Homefront Inc. (Hrg. 6/26) ( #107, 6/26) is currently
before the Committee on Community Development; 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 Committee on Community Development from further consideration of No. 77 CCP
7/10/07 -- Req. for Appr -LDA & for Transfer of 23 Vacant Parcels to Homefront Inc. (Hrg. 6/26) ( #107, 6/26) is currently before the Committee
on Community Development, and said item is now before the Council.
PASSED
AYES — 6 BONIFACIO, DAVIS, FRANCZYK, KEARNS, RUSSELL, SMITH
NOES -2 FONTANA, LOCURTO
NO. 172
BY: MR. GOLOMBEK
DISCHARGE ITEM FROM THE COMMITTEE ON COMMUNITY DEVELOPMENT
(NO. 78 CCP 7110107- REQ. FOR APPROVAL OF LAND DISPOSITION AGREEMENT
FOR 23 VACANT PARCELS IN SYCAMORE VILLAGE
Whereas: No. 78, CCP 7/10/07 - Req. for Approval of Land Disposition Agreement for Transfer of 23 Vacant
Parcels in Sycamore Village is currently before the Committee on Community Development; 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 Committee on Community Development from further consideration of No. 78 CCP
7/10/07 -- Req. for Approval of Land Disposition Agreement for Transfer of 23 Vacant Parcels in Sycamore Village is currently before the
Committee on Community Development, and said item is now before the Council.
PASSED
AYES -6 BONIFACIO, DAVIS, FRANCZYK, KEARNS, RUSSELL, SMITH
NOES -2 FONTANA, LOCURTO
NO. 173
BY: MR. KEARNS
PERMISSION TO HANG PLANTERS ON HAYDEN STREET
Whereas: The Hayden Street Block Club is very energetic and active at improving the quality of life on their street and in their neighborhood,
and
Whereas: The Hayden Street Block Club participates in many beautification projects in the neighborhood, including hanging decorations for
holidays and special events, planting flowers throughout the block and displaying flags for holidays and special events, and
Whereas: The Hayden Street block Club is requesting permission to hang planters on the light poles on Hayden Street, from Seneca Street
to Mineral Springs Road; and
Whereas: The planters will be installed every year in the spring or early summer and will be removed in the fall for winter, and
Whereas: The City of Buffalo supports the beautification efforts of the Hayden Street Block Club to make a positive difference in the
neighborhood,
Now, Therefore, Be It Resolved:
That the City of Buffalo hereby permits the Hayden Street Block Club to hang planters on the light poles on Hayden Street, from Seneca Street
to Mineral Springs Road every spring. All such planters will be removed by the block club in the fall, and
Now, Therefore, Be It Further Resolved:
That the Buffalo Common Council hereby requests that the City of Buffalo Department of Public Works waive its requirement for a certificate of
liability for the Hayden Street Block Club regarding this planter installation project, and
Now, Therefore, Be It Further Resolved:
That all planters be hung in accordance with all conditions, restrictions, and requirements as set forth by the City of Buffalo and the
Department of Public Works, Parks and Streets.
REFERRED TO THE COMMITTEE ON LEGISLATTON, THE COMMISSIONER OF
PUBLIC WORKS, PARKS AND STREETS AND THE CORPORATION COUNSEL
NO. 174
BY: COUNCILMEMBER MICHAEL LOCURTO
ASSISTANT LEGISLATIVE AID APPOINTMENT
WHEREAS: I am appointing Elizabeth A. Burakowski, who resides at 227 Norwood Avenue, Buffalo, New York as a Legislative Aid in my
office, and
WHEREAS: Ms. Burakowski has previously worked for Sallie Mae Inc. and Skadden, Arps, Slate, Meagher & Flom LLP, and is quite capable
of filling this position, and
WHEREAS: Ms. Burkoski is a graduate of Bryn Mawr College and received he A.B. in History in May 2000, and
NOW THEREFORE BE IT RESOLVED:
Thatthe Common Council appoints Ms. Elizabeth A. Burakowski to Assistant Legislative Aid for the Delaware District..
PASSED
AYED 8 — NOES 0
NO. 175
BY MRS RUSSELL
BUDGET AND PERSONNEL AMENDMENT
01 - LEGISLATIVE
1003 - COUNCILMEMBER# 2
The Common Council of the City Of Buffalo does ordain as follows:
That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 01 - Legislative- 1003 - Councilmember # 2 which currently
reads:
1 Legislative Aide $ 30,258
Is hereby amended to read:
2 Legislative Aide $ 30,258
From 10102001 - 412002 Hourly $ 4,370
10102006 - 434000 Other Contractual Services $ 22,888
To 10103001 - 411001 Salary $ 27,258
IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary.
That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position,
has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the
foregoing ordinance as being the appropriate Civil Service title for the proposed position
GERALD A. CHWALINSKI, CITY CLERK AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby
certify thatthe above change is necessary for the proper conduct, administration and performance of essential services of that department.
We recommend that the compensation for said position be fixed at the respective amount setforth in the foregoing ordinance.
Please prepare a Transfer in Funds for Councilmember 2
From 10103001 411001
(1) Legislative Aide $30258.00
To 10103001 411001
(2) Legislative Aide $30258.00
Please prepare a Transfer in Funds for councilmember 2
From 10102001 412002 $4,370.00
10220006 434000 $22,888.00
To 10103001 411001 $27,258.00
PASSED
AYES 8 — NOES- 0
NO. 176
BY: MS. RUSSELL
BUDGET AND PERSONNEL AMENDMENT
01 -LEGISLATIVE
1014 - COUNCILMEMBER # 13
The Common Council of the City Of Buffalo does ordain as follows:
That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 01 - Legislative- 1014 - Councilmember # 13 which currently
reads:
1 Legislative Aide $ 30,258
Is hereby amended to read:
1 Legislative Assistant $ 34,631
From 10102001 - 412002 Hourly $ 4,009
To 10114001 - 411001 Salary $ 4,009
IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, thatthe immediate passage of the foregoing ordinance is necessary.
That a personnel requisition incidentto the creation of the above - mentioned position, containing a statement of the duties for such position,
has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title setforth in the
foregoing ordinance as being the appropriate Civil Service title for the proposed position
GERALD A. CHWALINSKI, CITY CLERK AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby
certify thatthe above change is necessary for the proper conduct, administration and performance of essential services of that department.
We recommend that the compensation for said position be fixed at the respective amount setforth in the foregoing ordinance.
Please prepare the following Salary Ordinance Amendment for Councilmember 13 for the next Council Meeting
From (1) Legislative Aide $30,258
101140001 411001
To (1) Legislative Assistant $34,631
101140001 41101
PASSED
AYES 8 – NOES - 0
NO. 177
BY: MS. RUSSELL
BUDGET AND PERSONNEL AMENDMENT
02 - CITY CLERK
1020 - CITY CLERK ADMINISTRATIVE
The Common Council of the City Of Buffalo does ordain as follows:
That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 02 - City Clerk- 1020- City Clerk Administrative is hereby
amended with the addition of
1 Administrative Assistant $ 33,545 - $ 38,584
IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the Charter, that the immediate passage of the foregoing ordinance is necessary.
That a personnel requisition incident to the creation of the above - mentioned position, containing a statement of the duties for such position,
has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position title set forth in the
foregoing ordinance as being the appropriate Civil Service title for the proposed position
GERALD A. CHWALINSKI, CITY CLERK AND DONNA J. ESTRICH, DIRECTOR OF BUDGET, ADMINISTRATION AND FINANCE, hereby
certify thatthe above change is necessary for the proper conduct, administration and performance of essential services of that department.
We recommend that the compensation for said position be fixed at the respective amount setforth in the foregoing ordinance.
PASSED
AYES 8 – NOES -0
NO. 178
PONSOR: MRS. RUSSELL
ESTABLISHING A "TEXT A TIP PROGRAM" IN BUFFALO
Whereas: Obtaining anonymous tips from witnesses is important to solving crimes, and
Whereas: The City of Boston Police Department has created what's believed to be the first in the nation =Text a Tip Program ", which
combines cell phone text messaging with an anonymous police tip line, and
Whereas: People with information about crimes type the word =tip" into their phones and send the message to police. The sender's
identification is blocked, police can then – text" a message back asking for details, and
Whereas: According to Boston Police Commissioner Edward Davis the =Text a Tip Program" is =... something that is more anonymous than a
telephone call where you have to have a conversation with someone." Commissioner Davis believes a traditional tip line, using a toll -free
telephone numberto police is becoming obsolete, and
Whereas: In today's world people especially young people are communicating often by way of cell phones either through telephone calls or by
text messaging, and
Whereas: Young people in particular are often the victims, perpetrators and witnesses to criminal activity, and
Whereas: The =Text a Tip Program" is a tool which uses technology utilized by young people to assist police officials with solving crimes, and
Whereas: A local company named Engenus has the capability to set up a similar "Text a Tip Program in the City of Buffalo, and
Now Therefore Be It Resolved
Thatthe Buffalo Common Council supports looking into the feasibility of establishing a "Text a Tip Program" in the City of Buffalo.
Be It Further Resolved
Thatthis Resolution is referred to the Police Commissionerfor his thoughts on establishing a "Text a Tip Program" in Buffalo.
Be It Finally Resolved
Thatthis item is referred to an appropriate Committee of the Common Council for further discussion
and consideration.
ADOPT 1st and 2n– RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 179
BY – RS RUSSELL
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – —
GLORIZJ PARKS COMMUNITY CENTER LEASE
Whereas: The City of Buffalo as the owner of 3242 Main Street has a lease agreement with the University Heights Community Development
Association who currently occupies 3242 Main Street, and
Whereas: The term of the current lease is for five (5) years commencing on August 1, 2003 and terminating on July 31, 2008, and
Whereas: The annual rent to be paid by University Heights to the City per the lease agreement is $1.00, and
Whereas: Pursuant to Paragraph Number 6 of the lease, University Heights cannot sublet any part of 3242 Main Street without the written
approval of the City, and
Whereas: Kids n Play has been operating a family day care center for over 15 years and they have outgrown their current location; and
Whereas: Allowing Kids n Play to sublease space from the Gloria J. Parks Community Center will provide a needed program to the public and
will also allow the Center to earn unrestricted income to help them with their expenses, and
Therefore Be It Resolved:
That the City of Buffalo hereby approves an amendment to its lease with University Heights Community Development Association to allow a
sublease with Kids n Play for occupancy at 3242 Main Street for a period of five (5) years.
PASSED
AYES – 8 NOES – 0
NO. 180
BY – R SMITH, , DAVIS, BONNIE E. RUSSELL
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – —
IN SUPPORT OF SENATE BILL #$4520, "AN ACT TO AMEND THE EXECUTIVE LAW AND THE ECONOMIC DEVELOPMENT LAW, IN RELATION TO
CREATING A MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE ADVOCATE"
The Buffalo Common created the special committee on Minority Business Enterprise to support and to provide supportfor minority and women
owned business in the City of Buffalo, and
Whereas: Senator Antoine M. Thompson has introduced a bill $4520 in Albany that would
create legislation to aid in the assistance of obtaining technical, managerial, financial and other business assistance for certified businesses
and applicants; and
Senate Bill $4520 would establish within the Empire State Development Corporation and the Office of Minority Women Business Enterprise
(MWBE) a Regional Advocate. The bill would also establish the powers and duties to include investigating complaints concerning certification
delays and a toll -free telephone service, and
Additionally Senate Bill $4520 amends the Economic Development Law to set forth reporting requirements and advise the Commissioner on
recommendations for the selection of a Statewide Advocate for Minority and Business Enterprises as set forth by section 3110a of the
Executive Law; and
Whereas: It is essential for MWBE's to be able to get assistance from the state to move them
into a competitive position with non - minority and women owned business enterprises. This legislation provides a vehicle to assure that this
goal is met; and
Now, Therefore, Be It Resolved That the Buffalo Common council goes on record in full
support of Senate Bill $4520, "An Act to amend the executive law and the economic development law, in relation to creating a minority and
women owned business enterprise advocate" and
Be It Further Resolved That: Upon adoption of this resolution, the Clerk is hereby directed to send certified copies of this resolution to
Governor Eliot L. Spitzer, Lt. Governor David A. Paterson, members of the Western New York delegation to the State Legislature, the Empire
State Development Corporation and to Mayor Byron w. Brown for their review and comments, and Be It Finally Resolved That This resolution
be referred to the appropriate Common Council Committee for discussion.
ADOPTED
NO. 181
,,BY'. MR. SMITH, DAVIS, RUSSELL
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – —
SUPPORT REPEALING SECTION 590.11 OF THE NYS LABOR LAW -TO PROVIDE UNEMPLOYMENT BENEFITS TO NON - PROFESSIONAL SCHOOL
EMPLOYEES BETWEEN ACADEMIC TERMS
Part-year workers such as school cafeteria, school bus drivers and other nonprofessional school workers, are among those who are most
heavily hit by restrictive New York State eligibility policies for collecting unemployment insurance benefits. These low wage workers are left
without an income when their labor is not needed over the long academic vacation periods, and
This leaves these workers with the monumental task each year of earning an income to support their families during these long vacations
periods, by finding alternate employment with employers willing to employ them, knowing that they will be leaving after a three month period,
to return to their full time jobs, once the vacation period has ended, and
In 199i Congress passes amendments to the Federal Unemployment Tax Act (FUTA) that gave New York State the option of providing
unemployment insurance benefits to non - professional school employees between academic terms. New York State could restore eligibility to
these low -wage school workers by repealing section 590.1 i of the Labor Law, and
Whereas: It is the duty and the desire of this Council to protect the rights and the quality of life
for all the residents in the City of Buffalo, especially the less fortunate.
Now, Therefore, Be It Resolved That The Buffalo Common Council urges the members of the
New York State Legislature and the Governor to end the unfair unemployment insurance disqualification of Educational Part -time workers by
enacting legislation that would immediately repeal section 590.11 of the NYS Labor Law, by allowing non - professional school workers to be
eligible to receive NYS Unemployment Insurance benefits for the time they are laid -off between school terms, and
Be It Further Resolved that This Common Council goes on record in full support of repealing section 590.1 1 of the NYS Labor Law, and
Be It Finally Resolved That: Upon passage of this resolution the City Clerk is hereby directed to
forward certified copies of this resolution to Governor Eliot L. Spitzer, members of the Western New York delegation to the state legislature
and WNY AFL -CIO Labor Council for their review and comments.
ADOPTED
NO. 182
,BY MR. SMITH_
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – —
FELICITATIONS /IN MEMORIAM
Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated:
Felicitation for John Grieco
B y Councilmember Fontana, Chwalinski
ADOPTED
NO. 183
Y: DEMONE SMITH
– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – —
APPOINTMENTS COMMISSIONERS OF DEEDS
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
Tyler Alspaugh
Kelly P. Navik
Kristen H. Stevens
TOTAL3
ADOPTED
NO. 184
BY EMONE SMITH
APPOINTMENTS
COMMISSIONERS OF DEEDS
REQUIRED FOR THE PROPER
PERFORMANCE OF PUBLIC DUTIES
Thatthe 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
Jacquelyn Ebert Sandra Kania Michael Mazgajewski
Sandra White
TOTAL4
ADOPTED
No. 185
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 Tues July 31, 2007 at 9:45 o'clock AM
Committee on Finance following Civil Service Tues July 31, 2007 at 10:00 o'clock AM
Committee on Comm. Dev Tues July 31, 2007 at 1:00 o'clock PM
Committee on Legislation Tues July 31, 2007 at 2:00 o'clock PM
Special Committees
Waterfront Development Committee Wed., July 25, 2007 at 11:00 o'clock A.M.
(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. 186
ADJOURNMENT
On a motion by Mr. Bonifacio, Seconded by Mrs. Russell, the Council adjourned at 3:40PM
BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #7 OFFICE OF THE MAYOR -201 CITY HALL
JULY 19, 2007
Present:, Byron W. Brown, Mayor, Darryl McPhearson, City Auditor, Alisa A. Lukasiewicz, Corporation Counsel, Hon H. McCarthy,
Commissioner of Police, Gerald Chwalinski, City Clerk -5
The Journal of the last meeting was approved.
NO. 1
1 transmit herewith the Pension Payroll for the Fire Pension Fund for the months of July 2007 amounting to $,., 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 July 2007 amounting to $,., respectively, and request that
checks be drawn to the order of the persons named herein for the amounts stated.
Adopted.
Ayes -4. Noes -0.
Ms. Lukasiewicz No. 3
Pension Payroll. made a motion to authorize approval of the August 2007 Police and Fire
Adopted.
NO. 4
On motion by Mr. Brown, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11 :10 a.m.