HomeMy WebLinkAbout02-1112No.21
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
November 12, 2002
MAYOR
Hon. Anthony M. Masiello
COMPTROLLER
Anthony Nanula
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
James W. Pitts
PRESIDENT PRO TEMPORE
Richard A. Fontana
MAJORITY LEADER
Rosemarie Lo Tempio
COUNCILMEMBERS -AT -LARGE
Beverly Gray
Charlie A. Fisher III
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
MARC A. COPPOLA - DELAWARE
BRIAN C. DAVIS - ELLICOTT
DAVID A. FRANCZYK- FILLMORE
RICHARD A. FONTANA - LOVEJOY
ANTOINE M. THOMPSON - MASTEN
DOMINIC BONIFACIO - NIAGARA
JOSEPH GOLOMBEK JR. - NORTH
MARY M. MARTINO - SOUTH
BETTY JEAN GRANT - UNIVERSITY
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Marc Coppola,
Chairman, Charley H. Fisher III, Joseph Golombek Jr., Mary
Martino, Antoine Thompson- Members
CLAIMS COMMITTEE: Mary M. Martino, Chairman,
Marc A. Coppola, Brian C. Davis, Richard Fontana, Betty Jean
Grant - Members
COMMUNITY DEVELOPMENT COMMITTEE: Antoine
Thompson, Interim Chairman, Dominic J. Bonifacio Jr. Brian C.
Davis, Joseph Golombek Jr., Beverly Gray, Rosemarie
LoTempio- Members
FINANCE COMMITTEE: Betty Jean Grant, Chairman,
Marc Coppola, Brian C. Davis, Charley H. Fisher III, David A.
Franczyk, Mary Martino- Members.
LEGISLATION COMMITTEE: Richard A. Fontana,
Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, Joseph
Golombek Jr., Betty Jean Grant, Rosemarie LoTempio,
Members
RULES COMMITTEE: James W. Pitts, Chairman
Charley H. Fisher III, Rosemarie LoTempio , Members
EDUCATION COMMITTEE: Charley H. Fisher III,
Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, David A.
Franczyk, Beverly Gray, Antoine Thompson; Members
SPECIAL COMMITTEES
TELECOMMUNICATIONS COMMITTEE: James W.
Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty
Jean Grant, Joseph Golombek Jr.; Members
BUDGET COMMITTEE: Rosemarie LoTempio,
Chairman, Richard Fontana, Mary M. Martino, James W. Pitts
ERIE BASIN MARINA LEASE COMMITTEE: James
W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr.,
Charley H. Fisher III, Joseph Golombek Jr.
POLICE REORGANIZATION COMMITTEE: Dominic J.
Bonifacio Jr., Chairman, Brian C. Davis, Richard Fontana,
David A. Franczyk, Mary Martino, Charley Fisher III.
CORPORATION
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, NOVEMBER 12, 2002
AT 2:00 P.M.
PRESENT - James W. Pitts President of the Council,
and and Council Members Bonifacio, Coppola, Davis,
Fisher, Fontana, Franczyk, Golombek Grant, Gray,
LoTempio, Martino, and Thompson - 13.
ABSENT - None.
On a motion by Mrs. Grant, seconded by
Mr.Fisher, the minutes of the stated meeting held on
October 29, 2002 were approved.
FROM THE MAYOR
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE OFFICE OF CITIZEN SERVICES
NO. 1
RE- APPOINTMENT OF MEMBER TO THE
BUFFALO MUNICIPAL HOUSING AUTHORITY
Pursuant to the powers vested in me by Subdivision 2, Section
30 of the Public Housing Law, I hereby re- appoint Sherill
Colston, residing at 333 Parker Avenue, Buffalo, New York
14214, as a member of the Buffalo Municipal Housing
Authority. Mr. Colston's term will expire October 19, 2007.
1 hereby certify that the above named individual is fully qualified
to serve as a member of the Buffalo Municipal Housing
Authority.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CORPORATION COUNSEL AND THE DIVISION OF
COLLECTIONS
NO. 2
ACCEPTANCE OF YEAR VII
LOCAL LAW ENFORCEMENT
BLOCK GRANT - 2002 -2003
Dear Members of Buffalo's Common Council:
This is the seventh year that the City of Buffalo, Department
of Police, Division of Citizen Services, and the Division of
Parks and Community Services has received a Local Law
Enforcement Block Grant (L.L.E.B.G.), from the U.S. Justice
Department (D.O.J.).
The total award for the year 7 entitlement is $782,421, with a
required local match of 10% or $86,936. The local match
requirement will be Community Development Block Grant
funds earmarked for the Neighborhood Community Schools
program, which was approved by B.U.R.A. on September 12,
2002.
The 7th year L.L.E.B.G. entitlement of $782,421, reflects a
22% reduction from year 6 funds which totaled $997,107,
which was a 13% reduction from year 5.
Additionally, the County of Erie has been awarded $16,900 in
year 7 funds, a reduction of over 20% from the $21,233 that it
received last year.
Consequently, difficult funding decisions had to be made in
allocating year 7 funds.
The process used in preparing the budget printed below, was
to follow U.S. Department of Justice guidelines by holding an
Advisory Board Meeting, which was held on September
12,2002 in Police Headquarters and a public hearing, held on
September 17, 2002, at the B District Police Station, 695 Main
Street. A public hearing notice was published in the Buffalo
News on Friday, September 6, 2002.
The year 7 funds still place its highest priority on police
protection, but also provides a substantial amount of dollars for
prevention and educational endeavors.
The following is the budget break down for year 7 funding and
your acceptance of this entitlement award on behalf of the City
of Buffalo, will be most appreciated.
Local Law Enforcement
Block Grant Program year 7
City of Buffalo $782,421
Local match 86,936
$869,357
County of Erie $ 16,900
Buffalo Police Department: $522.421
Those dollars are presently earmarked for police cars and
equipment.
Division of Citizen Services: $165,000
Community Schools - $100,000,
to continue after school programs in thirteen (13) schools,
which have used those funds to leverage an additional
$300,000 in program funds.
Save our Streets - $ 65,000,
PROCEEDINGS
Which will continue to fund a coordinator and task force efforts
in developing and implementing strategies to combat illegal
drug activities and to improve the quality of life in Buffalo's
Neighborhoods.
Division of Community Services. $95,000
Juvenile delinquency prevention programs — $55,000
City's Drug Court - $40,000
Mrs. LoTempio moved:
That the above communication from Citizen Services dated
November 4, 2002 be received and filed; and
That the Department of Police, Division of Citizen Services,
and the Division of Parks and Community Services through the
U.S. Justice Department are hereby authorized to accept the
year 7 entitlement in the amount of $782,421 with a required
local match of 10% or $86,936.
PASSED
AYES -13 NOES -0
NO. 3
MONTHLY REPORT FROM THE DIVISION OF
CITIZEN
SERVICES (MAYOR'S COMPLAINT HOT LINE AKA HELP
Dear Members of Buffalo's Common Council:
Attached for your review is a report of service calls received
by the Division of Citizen Services.
Calls for the month, were slightly up from September 2002,
primarily due to the increases in the user fee billing inquiries,
tote requests and calls to remove abandoned cars from city
streets.
The other categories that are tracked monthly, did not show
any noteable changes, except for rodent complaint calls, that
dropped from 31 to 9.
Overall, October 2002, was a period that reflected a
consistency with other months, in the delivery of city services.
As always, I hope that you find this information helpful.
RECEIVED AND FILED
FROM THE OFFICE OF STRATEGIC PLANNING
NO.4
REPORT OF BUFFALO ENVIRONMENTAL REVIEW TASK
FORCE
ITEM NO. 192, C.C.P. APRIL 17, 2001
Common Council resolution asked the Environmental
Management Commission to form an Environmental Review
Task Force to look at all matters relating to environmental
review in the City of Buffalo.
The Task Force is now providing the Council and Mayor with
its comprehensive assessment and recommendations. The
Report is based on detailed examination of City procedures in
light of the requirements of the law, in light of the many
practical benefits of good environmental review, and from the
varied and informed perspectives of the eleven Task Force
members.
The Task Force appreciates the opportunity to produce this
Report and the cooperation it has received. The Task Force
looks forward to early meetings with elected officials so that it
may discuss the Report and the significant issues it raises.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 6
PUBLIC ACCESS WATERFRONT PROPERTIES
ITEM #136, C. C. P. OCTOBER 2 9, 2002
On behalf of The Buffalo Environmental Management
Commission (BEW), I wish to supper the Resolution
introduced by Mr. Fisher, as referenced above.
Given the Importance of our water resources (including but not
limited to, Lake Brie The Niagara River, The Buffalo River,
Cazenovia Creek, Scajaquada Crook, as well as other integral
water resources such an Hoyt Lake, etc, etc.); and
Given the increasingly intones pressure to DEVELOP the land
abutting these resources for uses that my even include
warehousing and storage; and
Given the context (often) of planning a new Land -Use for
formerly industrial parcels; we support this resolution In its
policy which favors Public Access to our Waterfronts.
We see the ongoing efforts to look at this issue, not in
piecemeal fashion, but as a whole. We support these City,
County, State, and even move regional visioning. We also
realize the frustrating difficulties Inherent in virtually turning a
tradition of private industrial waterfront ownership around 3.00
degrees.
Thus, the REMC would urge not only that Public Access be
protected ) but be RECLAIMED.
The Commission thanks the Common Council for its attention
in this regard.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 6
"REQUEST CLOSURE OF SALE OF 241
CEDAR"
ITEM NO. 64, CCP DATED OCTOBER 15, 2002
This correspondence is utilized as a response to Common
Council Item 64 dated October 15, 2002 regarding the situation
associated with the property commonly known as 241 Cedar
(the "Property "). First and foremost the correspondence from
Joy McDuffie alludes to contract date of February 1998. For the
record, the Contract of Sale for the Property was executed and
dated on December 8, 1998, Ms. McDuffie's signature being
acknowledged by Notary Public Mary Ellen Doyle on that date.
Ms. McDuffie's reference to the increased purchase price for
the property was offered on September 25, 2002 to expedite
the closing of this transaction due to an inordinate amount of
judgments and liens on the Property, which were in fact, the
cause for the delay in the closing. Further, a reference to a
"token" to cover the loss of personal possessions was never
presented by this office at any time during the course of this
transaction.
In regard to the demolition of the Property, a declaration of
demolition was issued on April 16, 1999 based upon an
inspection of the Property which found the Property vacant,
deteriorated, dilapidated, open and unsecured, in a rotted and
damaged condition making the property available to all
trespassers and /or criminals, strongly blighting the
neighborhood and a dangerous nuisance to children and
others. Notice was served on June 11, 1999 with regard to the
asbestos abatement, such notice being returned as
undeliverable without forwarding address. Subsequently, from
the time of notice, the asbestos abatement did occur on
September 30, 1999 with the demolition being completed on
April 18, 2000. Please note that throughout the course of the
one -year process of demolition, contractors and crews were
able to access the Property and at no time did our inspectors
note the structure to possess any personal artifacts
whatsoever.
For the record, a number of financial and legal issues were
encountered throughout the course of this transaction. These
issues in no way were brought to the transaction through the
City of Buffalo, the Buffalo Urban Renewal Agency, the Buffalo
Neighborhood Revitalization Corporation, and for any related
and /or affiliated agency. Buffalo Neighborhood Revitalization
Corporation's independent legal counsel was forced to address
real property title issues as follows:
1 . Title to the fee simple estate and /or interest in the Property
at the time of the contract was vested in both Theoda Wiley
and Joy McDuffie. Subsequently it was determined that Theoda
Wiley was deceased, however, the Property was not
transferred and appropriate estate proceedings were not
undertaken. This process is the requirement of the seller of real
property under New York State Real Property Law.
2. Title examination also uncovered three (3) judgments which
needed to be addressed, as well as a Lis Pendens. The Lis
Pendens represented an action of mortgage foreclosure
against the Property filed March 1, 2000, which also affected
the ability to convey title to the Property.
Further complicating this transaction, was the filing of a
bankruptcy proceeding by Ms. McDuffie further exasperating
our ability to receive clear and unencumbered title to the
Property.
Please note that throughout the course of this unfortunate
situation, this office has attempted to achieve a satisfactory
conclusion for all parties, however, the existence of judgments
and the filing of the aforementioned notice of foreclosure
exacerbated the situation to a point that it was not possible for
clear and unencumbered title to the Property being conveyed.
If, in fact, Ms. McDuffie can clear all existing title problems and
defects to the real property, this office is committed to
proceeding with the acquisition in accordance with the terms
and conditions of the Contract of Sale including covering the
cost associated with property demolition.
In the event there are any further questions regarding this
unfortunate matter, I encourage you to contact me at extension
5060.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 7
RESULTS OF NEGOTIATIONS
1263 EAST DELAVAN, 80' W ROSLYN
VACANT LOT: 20' X 126'
ASSESSED VALUATION: $1,300
The Office of Strategic Planning, Division of Real Estate, has
received a request to purchase 1263 East Delavan Avenue
from Mr. Sidney Flood, 1265 East Delavan Avenue, Buffalo,
New York 14215. Mr. Flood owns a one family dwelling at 1265
East Delavan Avenue, which adjoins 1263 East Delavan
Avenue. He intends to use the property for extra yard space.
This property was a store and the foundation was built into the
side of the embankment. The store was demolished and the
foundation wall was left in place as a retaining wall for the
embankment and requires a significant amount of repair. The
purchaser will assume responsibility for repair of the retaining
wall.
The Division of Inspections and the Division of Collections have
no objections to the sale. There are no outstanding taxes,
building code violations, or other liens owed to the City of
Buffalo by the purchaser.
An independent appraisal of the property was conducted by Mr.
Samuel Vacanti, appraiser, of Northeastern Appraisal, Inc.,
5110 Main Street, Wiliiamsville, New York 14221. He has
estimated the value of the parcel to be one hundred dollars
($100), four cents ($.04) per square foot.
The results of our negotiations are that Mr. Sidney Flood has
agreed and is prepared to pay two hundred dollars ($200),
eight cents (.08) per square foot for this parcel. He has also
agreed to pay for the cost of the appraisal, transfer tax,
recording fee's and cost of the legal description.
I am recommending that Your Honorable Body approve the sale
of 1263 East Delavan Avenue to Mr. Sidney Flood in the
amount of two hundred dollars ($200). 1 am further
recommending that the Corporation Counsel prepare the
necessary documents for the transfer of title and that the Mayor
be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 8
RESULTS OF NEGOTIATIONS
93 MAPLE, 480' N GOODELL
LOT SIZE: 25' X 1001
ASSESSED VALUATION LAND: $3,400
IMPROVEMENT: $15,900 TOTAL:$19,300
The Office of Strategic Planning, Division of Real Estate, has
received a request- to purchase 93 Maple Street from Mr.
Mohamed Alawdi, 1027 Smith Street, Buffalo, New York
14212. Mr. Alawdi intends to rehabilitate the building and
use as his private residence.
The subject property is a two family home acquired by the City
of Buffalo through a tax foreclosure in 2001, situate on a lot 25'
x 1001, in poor condition. The purchaser has provided the
Division of Real with a plan to rehabilitate the building and proof
of financial ability to complete the purchase and repair.
The Division of Inspections and the Division of Collections have
no objections to the sale. There are no property code
violations, taxes or other liens owed to the City of Buffalo by
the purchaser.
An independent appraisal of the property was conducted by Mr.
Thomas Evege, appraiser, 21 Bennett Village Terrace, Buffalo,
New York 14214. He has estimated the value of the property to
be one thousand five hundred dollars ($1,500). The Division of
Real Estate concurs with the appraisers estimate of value.
The results of our negotiations are that Mr. Mohamed Alawdi
has agreed and is prepared to pay one thousand five hundred
dollars ($1,500), for this parcel. He has also agreed to pay for
the cost of the appraisal, transfer tax, recording fee's and cost
of the legal description.
I am recommending that Your Honorable Body approve the 93
Maple Street to Mr. Mohamed Alawdi in the amount of one
thousand five dollars ($1,500). 1 am further recommending that
the Corporation Counsel prepare the necessary documents for
the transfer of title and that the Mayor be authorized to execute
the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 9
RESULTS OF NEGOTIATIONS
179 ROTHER,152.05 S SYCAMORE
LOT SIZE: 30'X 97'
ASSESSED VALUATION: LAND $ 1,500
1107 SYCAMORE, W CORNER OF KOSCIUSZKO
LOT SIZE: 36'X 144'
ASSESSED VALUATION: LAND $ 3,400
The Office of Strategic Planning, Division of Real Estate has
received a request to purchase the above properties from Mr.
Lawrence E. Leman of the Polish Community Center, 1081
Broadway Street, Buffalo, New York 14212. Mr. Leman intends
to clean -up the lots and use as additional green space for the
community center.
The Division of Licenses and the Division of Collections have
no objections to the sale. There are no outstanding taxes, code
violations, or other liens owed to the City of Buffalo by the
purchaser.
An independent appraisal was conducted by David Burnette
of Arrow appraisal, 2875 Union Road, Buffalo, New York
14227. He estimated the value of the two properties to be One
Thousand Dollars ($1,000), twenty cents (.20) per square
foot. The Division has investigated the sales of similar
Properties in the area. Sales range from twenty -two cents (.22)
to seventy cents (.70) per square foot.
The results of our negotiations are that the purchaser has
agreed and is prepared to pay two thousand dollars ($2,000),
twenty -five cents (.25) per square foot for the two (2) parcels.
They have also agreed to pay for the cost- of the appraisals,
transfer tax, recording fee's and cost of the legal descriptions.
I am recommending that Your Honorable Body approve the sale
of 179 Pother and 1107 Sycamore to the Polish Community
Center, in the amount of two thousand dollars ($2,000). 1 am
further recommending that the Corporation Counsel prepare
the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 10
RESULT OF NEGOTIATIONS
1028 SYCAMORE, 34.33' W SWEET
LOT SIZE: 34'X 1031
ASSESSED VALUATION: $1,700
The office of Strategic Planning, Division of Real Estate has
received a request to purchase the above property from Mr.
Ameera Khan, 1026) Sycamore Street, Buffalo, New York
14212. Mr. Khan owns and resides at a three family home at
1026 Sycamore. His plans are to extend his property line and
use for additional yard space.
The Division of Licenses and the Division of Collections have
no objections to the sale. There are no outstanding taxes,
building code violations, or other liens owed to the City by the
purchaser.
An independent appraisal of the property was conducted by
Pamela Breidenstein of Breidenstein Appraisals, Inc., 798
Center Road, West Seneca, New York 14224. She has
estimated the value of the property to be six hundred dollars
($600). seventeen cents (.17) a square foot. The Division of
Real Estate concurs with the appraisers estimate of value.
The results of our negotiations are that Mr. Ameera Khan has
agreed and is prepared to pay six hundred dollars ($600). He
has also agreed to pay for the cost of the appraisal, transfer
tax, recording fee's and cost of the legal description.
I am recommending that Your Honorable Body approve the sale
of 1028 Sycamore Street to Mr. Khan in the amount of six
hundred dollars ($600). 1 am further recommending that the
Corporation Counsel prepare the necessary documents for the
transfer of title and that the Mayor be authorized to execute the
same.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMPTROLLER
NO. 11
2002 -2003 FISCAL YEAR
FIRST QUARTER CASH
FLOW COMPARISONS OF
PROJECTIONS VS. ACTUALS
In keeping with my efforts to provide cash flow information to
your honorable body, I am sOmitting the following analysis
representing actual receipts and disbursements vs. the
projections for the period of July 1,2002 through September 30,
2002.
Briefly, the important message at this point is that we are
projecting to finish the fiscal year with a modest cash balance
of approximately $4.4 million. I will expand on that projection in
this analysis, which represents a breakdown of the city, the
Board of Education, and the subsequent combined results.
Generally speaking, on a combined basis, total revenues were
$5.484 million lower than the projection while expenditures
were $35.847 million greater than the projection.
After the first quarter of the year, I am quite concerned as to
the significant variance between the projection and the actual
results, especially as it relates to expenditures. However, there
are explanations for expenditures due to prior fiscal year
deferments.
Of more immediate concern is the increase in Board salary
expenses compared to their projections. According to the letter
of 9 -11 -02 my office directed to the Board, questions were
raised regarding salary expenditures. The accompanying
monthly spreadsheets show the Board's projected salary
expenditures for July as $7.1 million when in actuality, July
salaries were $23.26 million, which exceeded their projections
by $16.2 million.
After three months of the fiscal year, aggregate salary
expenditures were $20.453 million greater than the projection.
Approximately $6.8 million of the overage can be attributable to
termination wages to employees. Early retirement incentives
offered by the state and the school district resulted in a very
strong participation by both instructional and civil service
employees. $5.6 million is a function of salary budgeting
between September and October. One -half a pay period was
budgeted for the end of September, where a full pay period
was, in fact, paid. October was budgeted for a full pay period
early in the month, but only a half pay period was paid. This
inter -month budget allocation will offset in October. The
remainder is the $8.0 million of accrued June payroll paid in
July.
The Board's non -salary results after the first quarter indicate
that they incurred expenditures in excess of their estimate by
$10.3 million. However, approximately $8.1 million was
attributable to prior fiscal year deferments. The most significant
deferment being a $5.1 million payment to the Capital
Development Reserve Fund.
For the same period, revenues for the Board were down $3.982
million from the projection, which is not a significant variance
when considering an operation that generates nearly $600
million in deposits. Issues such as timing of program
reimbursements play a major role in that number. The Board
has been extremely diligent in its pursuit of state aid
reimbursements.
The school district has initiated an improved cash flow review
and projection process that will involve review by senior staff to
ensure that projections are reasonable and accurate.
For the City, revenues for the first quarter were estimated at
$112.968 million and actual revenues received were $111.466
million for a discrepancy of $1.5 million less than the projection.
Expenditures were projected at $114.280 million and actuals
were $119.394 million or about $5.1 million greater than the
projection. Like the Board, prior year deferments accounted for
approximately $3.5 million of the City's expenditure overage.
Enclosed is the month by month comparative breakdown of
both the City and the Board that indicates specifically where the
discrepancies occurred.
I am also enclosing amended cash flows that represent actual
receipts and disbursements for the City and Board for the
period July 1, 2002 through September 30, 2002 along with
revised estimates through June 30, 2003.
It is necessary to remind everyone that the cash flow is in a
constant state of flux and continues to be a work in progress.
The school district, the budget office and my office
communicate regularly to maintain the accuracy of the
projections and modify them accordingly.
As always, I want to alert everyone that the cash flow continues
to be very fragile and would have an extremely difficult time
absorbing significant fluctuations in the timing and receipt of
revenues and any unanticipated increases in expenditures. Our
combined efforts in assuring stable cash flow are of paramount
concern to all of us. It is incumbent that we remain diligent in
our pursuit of all revenue reimbursements especially as they
relate to special programs of the school district that incurs
substantial expenditures.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 12
CERTIFICATE OF APPOINTMENT
Appointment Effective: November 4, 2002 in the Department
of Audit and Control, Division of Accounting to the Position of
Senior Accountant, Permanent Appointment at the Intermediate
Starting Salary of $37,204
John L. Rusnak, 64 Brinton Street, Buffalo NY 14214
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE PRESIDENT OF THE COUNCIL
NO. 13
MEMORANDUM OF AGREEMENT
BETWEEN
CITY OF BUFFALO AND BUFFALO AND FORT ERIE
PUBLIC
BRIDGE AUTHORITY
REFERRED TO THE SPECIAL COMMITTEE ON
BINATIONAL BRIDGE
FROM THE COMMISSIONER OF ASSESSMENT AND
TAXATION
14
BOARD OF ASSESSMENT REVIEW
APPOINTMENT, PERMANENT MEMBER
The appointment to the Board of Assessment Review of
Ruthetta Smikle, 126 Crescent Ave, Buffalo, New York 14214
expired on September 30, 2002. By state provision, a Board of
Assessment Review member whose term has expired may not
participate in board actions and may not be considered for
purposes of determining a quorum. Additionally any new or
re- appointed member must receive training from the Erie
County Director of Real Property Services and be certified to
New York State before assuming the duties of a board
member. Therefore, I am respectfully requesting Common
Council action to fill this five (5) year vacancy as soon as
possible so that the required training can occur before
commencement of hearings.
The following is a roster of current Board members and the
dates their respective appointments will expire.
Edward Herndon 19 Summer St, Buffalo NY 14209
9/30/03
Keith Barnes 29 Frankfurt Ave, BuffaloNY 14211
9/30/04
William Maggio 230 Wellington Rd, Buffalo NY 14216
9/30/05
Henry Osinski 175 Parkside Ave, Buffalo NY 14216
9/30/06
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CORPORATION COUNSEL AND THE DIVISION OF
COLLECTIONS
NO. 15
BOARD OF ASSESSMENT REVIEW
APPOINTMENT, TEMPORARY MEMBERS
I am. respectfully requesting Common Council action to
appoint at least three (3) temporary members to the Board of
Assessment Review (BAR) to serve twenty to no more than
forty days as needed during the time period of December 2002
to mid - February 2003. The Department of Assessment is
preparing contingencies should it prove to be necessary to
supplement the existing permanent board for the upcoming
assessment challenge period. Three temporary boardmembers
working in conjunction with the five (5) permanent members will
allow this office to establish two (2) mini - boards. Last year,
although your Honorable Body made two temporary
appointments, we were able to handle all of the BAR hearings
with just the permanent boardmembers and did not incur the
additional expense of calling in temporary members. We are
hopeful that assessment challenges this year will be no more
and perhaps less than last year, but there is no way to predict
the numbers. Since State law requires temporary members to
receive training by the Erie County Director of Real Property
Services prior to serving, we will need to have these members
appointed by early December 2002. Approval of temporary
members now, will permit establishing the mini - boards if
necessary without further delay.
The following are the names of individuals who were appointed
as temporary members last year:
Coralia J. Hetzner
67 Lancaster Ave
Buffalo NY 14222
Robert Zielinski
30 Lyman St
Buffalo NY 14206
REFERRED TO THE COMMITRTEE ON LEGISLATION,
THE CORPORATION COUNSEL AND THE DIVISION OF
COLLECTIONS
NO. 16
REGISTRATION OF PROPERTY OWNERS,
MORTGAGEESFTAX AGENTS
ITEM 162
CCP OCTOBER 15, 2002
This is in response to Councilmember Golombek's
Resolution to fine those property owners who fail to provide the
Department of Assessment and Taxation with their actual
address for each property they own in the City of Buffalo. The
Department of Assessment and Taxation understands
Councilmember Golombek's concerns and frustration.
By way of history, in February 1996, this office requested the
advice of the Department of Law on this same issue. The
opinion rendered was that, "if anyone refuses to provide the
registration information, unless there is an indication that such
disclosure would endanger the life or safety of any person,
there is no penalty other than the loss of a failure of notice
defense."
In April 1996, we asked the New York State Office of Real
Property Services if it would revise the Real Property Transfer
Report (Form RP -5217) to state that the tax billing address
"shall not be a post office box." The Office of Real Property
Services stated that, "as the RP -5217 form is used throughout
New York State and not just in the City of Buffalo, an
instruction indicating that use of a P.O. Box as a tax billing
address is not permitted would not be appropriate."
On June 13, 1997, the Common Council adopted a Resolution,
Item 166 (copy attached), memorializing State legislation to
support registration of properties, a Bill (AIOI /S -2790)
sponsored by Assemblymember Hoyt and Senator Volker. The
Common Council adopted, on December 23, 1997, a
Resolution, Item 170 (copy attached), sponsored by Council
member -at- Large LoTempio requesting the "New York State
Office of Real Property Services to change the Real Property
Transfer Report (RP- 5217)." As you can see, this issue has
been a longstanding problem. The Department of Assessment
and Taxation supports an ordinance that allows the City of
Buffalo to fine those persons, unless such disclosure would
"endanger the life and safety of any person" who refuses to
provide this office with a correct mailing address.
The issue of whether a fine can be imposed is a matter for the
Law Department to review. Therefore, it is suggested that this
item be referred to the Department of Law for an opinion.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 17
CERTIFICATE OF APPOINTMENT
Appointment Effective October 25, 2002 in the Department
of Assessment and Taxation to the Position of Account Clerk
Typist,
Permanent appointment at the Step 4 Starting Salary of
$27,132
Marlene L. Smith, 52 Stewart Avenue, Buffalo NY 14211
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 18
CERTIFICATE OF APPOINTMENT
Appointment Effective October 31, 2002 in the Department of
Assessment and Taxation to the Position of Principal Assessor
at the Starting Salary of $54,338
Ann Marie LoFaso, 18 Frontenac Avenue, Buffalo NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS
AND STREETS
NO. 19
Report of Bids
Recycling Collection
On April 24, 2002, this department received bids for
Recycling Collection within the City of Buffalo. The following
bids were received:
Contractor Bid /Month
BFI Waste Systems of North America, Inc.
$130,766.90
2321 Kenmore Ave.
Kenmore, NY 14217
Waste Management of New York, LLC $
318,622.35
10860 Olean Rd.
Chaffee, NY 14030
The bid was based on a five -year contract. The bid includes
requirements that all employees receive wages in accordance
with the City's Living Wage Ordinance. In Addition, the
contractors workforce must include at a minimum 70 percent
city residents, and 30 percent minority. Under the terms of this
contract the contractor will utilize the City's recycling vehicles.
The vehicles must be insured, operated, and maintained by the
contractor and must be returned to the City in the same
condition that they are now, reasonable wear and tear
expected.
I hereby certify that the foregoing is a true and correct
statement of the bids received, and that BFI Waste Systems of
North America Inc., 2321 Kenmore Ave, Kenmore NY 14127 is
the lowest responsible bidder in accordance with the
specifications.
I request that Your Honorable Body authorize the
Commissioner of Public Works, Parks and Streets to enter into
a five year contract with BFI Waste Systems of North America
Inc. for recycling collection.
REFERRED TO THE SPECIAL COMITTEE ON TAYLOR
LAW IMPASSE, THE CORPORATION COUNSEL AND
AFSCME
LOCAL 264
NO. 20
Change in Contract
Change Order No. I
Richmond Avenue Circle Restoration /Lighting - 2002
Group #600
A.B.P. Concrete Construction Inc. 4920106118
1 hereby submit to our Honorable Body the following unit price
additions for the subject contract. This change order is
necessary for our department to complete lighting
improvements at Colonial Circle and RichmondM/est Ferry
Circle.
Contract Unit Estimated
Estimated
Item Description Unit Price Quantity
Cost
10.210 Light Standard
Foundation Each $500.00 4
$2,000.00
10.250 Light Standard —
New 12' Park Each $2,500.00 8
$20,000.00
Style
Total
$22,000.0
Contract Summary
Original Contract Amount $ 101,442.00
Changer Order # 1 $22,000.00
Total Contract $ 123,442.00
Funds are available in our Capital Projects Account #363
10906 -445 100.
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 to issue said
change
order to A.B.P. Concrete Construction, Inc.
Mrs. LoTempio Moved:
That the above communication from the Commissioner of
Public Works, Parks and Streets dated October 31, 2002, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be,
and he hereby is authorized to issue change order No. 1, to
A.B.P. Concrete Construction, Inc., an increase in the amount
of $22,1300.00, as more fully described in the above
communication, for work relating to Richmond Avenue Circle
Restoration /Lighting - 2002, Group #600, #920106118. Funds
for this project are available in Capital Projects Account #3 63
10906 445 100.
Passed
AYES -13- NOES -0
No. 21
Change in Contract
Change Order No. I
Reconstruction of Riverside Senior Center Parking
Lot, Hotaling Drive & Niagara St. - 2002, Group #598
Hartford Paving Corporation - Contract #92010611
1 hereby submit to Your Honorable Body the following
unit price additions for the subject contract. This change order
is necessary for:
Additional work to repave the northbound side of Niagara Street
not originally authorized by the original contract.
Paving and milling of various side streets to limits beyond the
original project limits due to stresses and pavement fatigue on
those side streets.
Additional pavement striping associated with the paving limits
require to delineate the roadway in accordance with revised
traffic standards and to improve pedestrian mobility for
crossing Niagara Street to a safer condition.
Contract Unit Estimated
Estimated
Item Description Unit Price Quantity
Cost
02.420 Milling Existing
Pavement - 2" Sq.Yd. $1.23 23,200
$28,536.00
403.1701 Type 6F
Top Course Ton $36.00 2,476
$89,136.00
90.500 Miscellaneous
Construction Lump Sum $1,060.32 1
$1,060.32
Allowance
Total
$118,732.32
Contract Summary
Original Contract Amount
$398
,275.00
Changer Order 41
$118
,732.32
Total Contract
$517
,007.32
Funds are available in our Capital Projects Account
434310606 -445 100.
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 to issue said
change
order to Hartford Paving Corporation.
Mrs. LoTempio Moved:
That the above communication from the Commissioner of
Public Works, Parks and Streets dated November 7, 2002, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be,
and he hereby is authorized to issue change order No. 1, to
Hartford Paving Corporation, an increase in the amount of
$118,732.32 as more fully described in the above
communication, for work relating to Reconstruction of Riverside
Senior Center Parking Lot, Hotaling Drive & Niagara Street -
2002, Group #598, #92010611. Funds for this project are
available in Capital Projects Account #343 - 10606 - 445100.
Passed
AYES -13- NOES -0
No. 22
Draft Environmental Assessment
Main St. Multi -Modal Access and
Revitalization Project
Attached is the Draft Environmental Assessment for the
referenced project. The purpose of this project is to restore
vehicular traffic to Main St. within the Transit Mall.
It is my understanding that the Council has set up a meeting on
November 14, 2002 at 11:00 am to review this project. The
consultant, who was hired jointly by NFTA., the State and the
City, will be at that meeting to present the results of the
environmental assessment.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
COMMISSIONER OF PUBLIC WORKS AND THE
DIRECTOR OF STRATEGIC PLANNING
No. 23
Req. Assistance -Clean Up 84 Hawk St.
Item # 7 1, CCP October 29_2002
In response to the above mentioned, please be
advised that there is no such street in the City of Buffalo.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 24
Response to NYSDEC
Regulations for Stormwater Runoff
#65 of CCP 10/29/02
This is in response to the subject item, which was
referred to our department for review and comment.
Please be advised that our department had previously received
a notice from NYSDEC regarding public comment for new
stormwater regulations. Engineering staff and consultants will
be reviewing these proposed new regulations and their effects
on future construction activities.
Pending completion of our review we will comment accordingly
and advise Your Honorable Body of potential impacts.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 25
Squaw Island Landfill Closure
#70 of CCP 10/29/02
This is in response to the subject item, which was referred
to our department.
The City is in complete agreement with Mr. Klein's
assessment of Squaw Island as a valuable fishing and
recreation area. Prior to remediation, the entire
approximate 60 -acre site was subject to a variety of waste
handling and landfilling activities over an approximate
40 -year period. As a result, the site was originally listed
by the NYSDEC as a Class 2a hazardous waste site. While
the City successfully demonstrated that the site is not a
hazardous waste site, the NYSDEC still required closure
of the site under 6NYCRR Part 360 regulations. These
regulations stipulate a very conservative cover system,
which would have required removal of all trees and
precluded much of the wildlife, fishing and recreational
value of the site. In fact, the entire site would likely have
been capped and fenced off for eternity from public
access. As a result, the City engaged in extensive
negotiations. with the NYSDEC and successfully
negotiated a variance from the regulations based on an
innovative closure approach for the site, which involved
saving the large mature (greater than 12inches) trees to
the extent possible, placement of a reduced cover system
and enhancement of the wetland and pond areas while
creating a passive waterfront park.
The City has also worked closely with the North District
Waterfront Review Committee (NDWRC) to develop and
implement the park concepts for the site. The heavy use of new
plant massing and a variety of wildflower mixtures throughout
the park will keep maintenance to a minimum by limiting the
amount of manicured turf areas. The southern portion of the
site is intended for a combination of passive (e.g., hiking and
viewing trails) and active recreation (e.g., athletic fields) as part
of the City of Buffalo's extensive park system. The northern
portion of the site is geared more toward passive recreational
uses, such as multi -use hiking and viewing trails; preservation
of mature trees; and enhancement and protection of the three
ponds' aesthetics, habitat quality /diversity, and use for fishing.
In addition, a stream channel has been designed to improve
circulation between two ponds and to mitigate for wetlands
removed during landfill closure. The water required to recharge
the upstream pond will be obtained from a groundwater supply
well. The hiking and viewing trails will eventually have several
outlooks with interpretive educational markers and one
manmade high point on the south end providing an incredible
view of Buffalo and Canada.
Also, as lead agency under SEQRA, the City prepared an
Environmental Assessment Form covering the park
development aspects. The EAF was reviewed by various
involved and interest agencies and ultimately led to a negative
declaration by the City.
While some of the park development plans have been delayed,
the City is nearing completion of the landfill closure activities.
Every effort has been taken to preserve mature trees on the
northern end of Squaw Island as desired by the NDWRC and,
after extensive negotiations as agreed to by the NYSDEC. All
other trees and shrubs were removed as required by the
NYSDEC tinder the Consent Orders for closure. In addition,
the City has initiated a tree - planting plan.
The City has also developed and is in the process of
implementing a plan to enhance signage and address safety
issues related to the Riverwalk crossing referenced in the letter.
A four -way stop with additional signage is incorporated into this
plan.
The City, in conjunction with the NYSDEC and the North
District Waterfront Review Committee, has successfully closed
the Squaw Island Landfill in accordance with NYSDEC
requirements and is in the process of creating the passive
waterfront park conceived by the North District Waterfront
Review Committee. The site is now available to the general
public for recreational uses and provides better access for
fishing. We have also maintained wildlife value of the north end
through creative closure of the pond sediments and
enhancement of associated wetland areas as negotiated and
permitted by NYSDEC.
REFERRED TO THE WATERWAYS SUBCOMMITTEE
No. 26
Upkeep - 246 Comstock Avenue
Item # 67, CCP October 29, 2002
In response to the above mentioned, we will
contact Ray McGurn in Inspections to make sure that the
owner of the property located at 246 Comstock keeps the
appearance of his property maintained.
We will also have Rodent Control check to make sure that
there are no rats on this property.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 27
Certificate of Appointment
Appointment Effective: 11 -18 -2002 in the Department of
Public Works, Parks,Streets Division of Parks to the Position
of Special Service Instructor III Temporary Appointment
FLAT
Starting Salary of. $16.38 TEMPORARY APPOINTMENT
Joan Disbrow 171 Villa Buffalo 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF POLICE
NO. 28
Permission to Accept Various Grants /Approval for
Non - Personnel Interfund Cash Loan
(Item No. #64, C. C. P. 05 -01 -011
CREATING A CULTURE OF INTEGRITY - Recently the
City of Buffalo Police Department was awarded $125,000 by
the U.S. Department of Justice under a grant entitled "Creating
a Culture of Integrity ". We are asking authorization for the
Mayor to enter into an agreement between the City of Buffalo
and the U.S. Department of Justice for the period September 1,
2002 through August 30, 2003. Under this grant project, the
Department will be able to re -hire a Police Officer as well as
hire a Report Technician, in addition to purchasing some
tracking software and providing training that will strengthen the
operations of our Professional Standards Division. The
objectives of this grant include analyzing current internal affairs
processes, addressing areas that might need to be
strengthened such as processes used to receive external
and /or internal complaints, the thoroughness of investigations,
improving the citizen complaint process; and enhancing the
Department's early intervention system by upgrading the Office
of Professional Standards technological equipment. This grant
is providing the Buffalo Police Department with the opportunity
to strengthen its efforts toward building trust between the police
and the community, as well as reinforcing the integrity and
professionalism of the officers within the Department.
We are also requesting an interfund cash loan for all
non - personnel expenditures in the amount of $38,334 as a
cash advance for all departmental non - personnel expenses
until we can secure such reimbursement from the "Feds ":
($33,875 computer hard /software equipment; $244 supplies;
$4,215 training/ travel; the balance of funding $86,666 covers
the salary and fringes for the Police Officer to be rehired as
well as the salary and fringes for the additional Report
Technician. This loan would then be repaid as the
reimbursements are sent to the City from the "Feds" under this
grant project. There is no required City match for this grant
initiative.
BAYI,INER* - Last year Senator Stachowski's Office was
sponsoring the purchase of a Bayliner Trophy Hard Top
Watercraft for our
Underwater Recover Team, which your Honorable Body had
approved on
05- 01 -01. However, because of 9/11 and the restrictions of the
State of the State funding, equipment items were tabled. We
have the
opportunity again to resubmit this request. This vehicle will
enable divers and rescue crews easier access to victims on
both Buffalo
and Niagara Frontier waterways as well as enhance Buffalo's
homeland security activities since we are an international
border City. We are again asking permission for the Mayor to
enter into
this agreement once it has been finalized, and are also
requesting an interfund cash loan for the purchase of this
watercraft until such reimbursement is secured from the State.
The loan would then be
repaid as the reimbursement is sent directly to the City from the
State under this special initiative.
If you require additional information, please contact Chief
Edward Hempling or Maureen Oakley at ext. 4475. Thank you
for your immediate attention to this matter.
Mrs. LoTempio Moved:
That the above communication from the Commissioner of
Police dated November 8, 2002 be received and filed; and
That the Mayor be, and he hereby is authorized to enter into an
agreement between the City and the U.S. Department of
Justice for the period September 1, 2002 through August 30,
2003 for "Creating a Culture of Integrity ". That the Comptroller
be and he hereby is authorized to issue an interfnd cash loan
for all non - personnel expenditures in the amount of $38,335.
That the Mayor be, and he hereby is authorized to enter into an
agreement for the purchase of a Bayliner Trophy Hard Top
Watercraft. That the Comptroller be and he hereby is
authorized to issue an interfund cash loan for the purchase of
this watercraft until such reimbursement is secured from the
State. The loan will then be repaid as the reimbursements are
sent to the City from the State under this special initiative.
Passed.
AYES -13- NOES -0
No. 29
Funds available in Drug Asset Forfeiture Account
In response to letter dated November I ", whereas the Common
Council would like to know how much money is in the
referenced accounts within the Drug Asset Forfeiture, please
be advised as to the following breakdown of funds within this
account:
Trust And Agency Account Recap
Account # 2001 000 xkoo=
Funds available as of 11/06/2002
Org. Sub -Acct. # Description
Balance
20010000 389001 Revenue
0.00
20010000 400000 Unclassified
0.00
20010001 411001 Salaries
0.00
20010004 458000 Educational Training / Seminars
21,410.99
20010005 460000 Materials & Supplies
19,447.41
20011000 5461201 Firearm sM/eapon s /Clothing
5,000.00
20010005 466100 Elec. Surveillence Equip.
12,044.88
20010006 444201 Commun. & Computers
3,606.82
20010006 456002 Confidential Funds
19,388.32
20010006 480000 Purchase of Services
12,635.18
20010007 472000 Buildings /Improvements
78,796.61
20010007 4741000 Operating Equipment
22,099.37
20010001 1474200 Vehicles
6,217.17
Total
200,646.75
THE ABOVE. FIGURES INDICATE HOW MUCH FUNDING
IS AVAILABLE AT THE PRESENT TIME IN THIS ACCOUNT
FOR EACH OF THE ITEMS NOTED. FUNDS WITHIN
EACH SUB - ACCOUNT ARE MOVED FROM ONE
SUB - ACCOUNT TO ANOTHER DEPENDING ON
CURRENT FINANCIAL NEEDS.
FOR EXAMPLE, IF VEHICLES COSTING $20,000 ARE
NEEDED, FUNDS ALLOCATED IN THE
BUILDING /IMPROVEMENTS LINE WOULD BE MOVED TO
THE VEHICLE ACCOUNT TO COVERTHE PURCHASE.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 30
Certificate of Appointment
Appointment Effective: November 4, 2002 in the
Department of: Police to the Position of: Senior Cellblock
Attendant Permanent Promotion at the: Intermediate Starting
Salary of: $ 30,828
Norbert Ryan 41 Magnolia Ave. Buffalo, N.Y. 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CORPORATION COUNSEL
No. 31
Review of Nominee for
Appointment- Commissioner of
Human Resources
C.C.P., 10/29/02, No.
The Corporation Counsel conferred with the Division
of Collections and reports (as verified by that Division as of
November 4, 2002) that the following nominee as
Commissioner of Human Resources has no outstanding debts
to the City:
Leonard A. Matarese
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 32
Review of Nominee for
Appointment - Buffalo Preservation
Board
C.C.P., 10/29/02, No. 2
The Corporation Counsel conferred with the Division
of Collections and reports (as verified by that Division as of
November 4, 2002) that the following nominees to the Buffalo
Preservation Board have no outstanding debts to the City:
Christopher Guerra
Arlette Klaric, Ph.D.
RECEIVED AND FILED
FROM THE COMMISSIONER OF DMINITRATIN AND
FINANCE
NO. 33
General Fund Gap Sheet
First Quarter 2002 -03
Under this cover please find the City's General Fund
Gap Sheet for the first quarter of Fiscal Year 2002 -03. This
gap sheet contains not only an estimate of year -end results but
also an estimate of the impact of current trends and other
factors on the 200304 Fiscal Year.
The Gap sheet estimates an operating deficit of $6.342 million
for the 2002 -03 fiscal year. This deficit is largely the result of
two factors - last fiscal year's estimated shortfall of nearly $3.9
million, which will reduce our available unreserved,
undesignated fund balance, and the Police Arbitration award of
2.25 percent and 2.25 percent for fiscal years 2000 -01 and
2001 -02 - with the latter factor contributing to the former.
Fi scal Year 2001 -02
Recall, the City had originally budgeted 3 percent and 2.5
percent for police and fire raises in the 2001 -02 adopted
budget, a total estimated cost of $6,802,099. In the 2001 -023
rd quarter gap raises of 0 percent and 2.5 percent were
assumed at an estimated cost of $2,926,000. These revised
estimates were developed after the events of September I I
when our "ability -to -pay" presentation was being formulated
and our plan for closing the 2001 -02 budget gap was being
developed for presentation to the rating agencies. The
arbitration award that was signed by the PBA but is being
challenged by the City calls for raises of 2.25 percent and 2.25
percent and will cost $5,572,354 in the 2001 -02 fiscal year for
police and fire combined. This award, if finalized, will result in
savings from the original budget of $1,229,745. Unfortunately,
the cost of the award is $2,646,354 more than the 0 percent,
2.5 percent assumption employed in the City's 3 d quarter Gap
sheet.
Another major factor contributing to the estimated deficit for
2001 -02 is the BMHA operations subsidy. By law the City is
required to fund the operating deficit of BMHA's New York
State supported properties. Historically, the City's annual
subsidy payment has been around S2 million per year. In
2001 -02, the City budgeted $1.144 million for this subsidy in
light of pending federalization of two BMHA state supported
facilities. After we were informed by the State that the $31
million the City had requested would not be provided, the
BMHA offered to accelerate the federalization process and
charge any operating subsidy against its replacement reserves.
The BMHA received approval from the State Division of
Housing and Community Renewal to charge its operating
subsidy for the state facilities to its reserves once the
federalization was complete, As a result of this, we eliminated
the BMHA subsidy payment from the city's 2001 -02 third
quarter gap. Unfortunately, the federalization process dragged
due to court challenges and other bureaucratic hurdles. At this
time, we believe the legal issues have been addressed and that
the process of federalizing the State facilities is on track and
will be finalized relieving the city of future subsidy payments.
However, we were forced to book a $1.919 million payment to
the BMHA for 2001 -02.
Together these two factors, the police arbitration award and the
BMHA subsidy, added $4,565,262 million to the City's costs as
estimated at the 3 rd quarter of 2001 -02 and have resulted in
the estimated year -end operating deficit of $3,845,758 million.
The Gap sheet provides for this estimated deficit by reducing
the unreserved, undesignated fund balance adopted in the
2002 -03 budget by this amount or from $7.61 million to $3.764
million.
Fiscal Year 2002 -03
The gap of $6.342 million for 2002 -03 results from
expenditures projecting over budget in the amount of $1.19
million and revenues and resources projecting under budget by
$5.152 million.
On the expense side, the police arbitration award and the
BMHA subsidy continue to be sources of budgetary problems.
The cost of the police arbitration award (and fire parity) in fiscal
year 2002 -03 is $4,686,735. However, the budget for salary
adjustment is only $1,387,724 or $3,299,011 short of the
amount needed to cover the award. A $400 thousand additional
payment to the BMHA has also been included for the first
quarter of fiscal 2002 -03. Overtime expenses are also
projecting over budget by nearly $500 thousand with Streets,
Parks and Fire projecting overages. Offsetting these increased
expenses are early retirement savings of $1.16 million and
pension savings of $3.39 million.
On the revenue side, the loss of $3.8 million in resource has
already been noted and property tax collections are projected to
under perform budget by $2.1 million due to a reduction in
delinquent tax collections. Accelerated In -Rem has simply
reduced the amount going to back taxes and consequently we
expect to collect less interest and penalties on delinquent
accounts than in past years as well,
Fiscal Year 2003 -04
The Gap Sheet projects a $28.641 million gap for fiscal year
2003 -04. Total city revenues and resources are down $9.789
million budget to budget. Resources are down $7.61 million
assuming a $3.8 million operating deficit for 2001 -02 and no
unreserved /undesignated fund balance to move forward. Other
General City Revenues are down nearly $550 thousand due to
losses in Class I and Class 11 Utility Taxes and the loss of
entertainment ticket fee revenue with the transfer of Dunn Tire
Park. Federal and Other Departmental Revenues combined are
down $811 thousand in anticipation of a reduction in BURA
reimbursement due to a reduction in the CDBG, the end of
CES -Way BRIC reimbursement in 2003 and the elimination of
the BMHA reimbursement for the EIMHA Substance Abuse
program. Property tax revenue estimates have been decreased
$1.16 million from the current year budget to reflect the loss of
delinquent tax collections noted above. The projected loss of
property tax revenue is troubling in light of the fact that property
taxes - current have been increased from the current year
estimate to reflect an assumed one percent growth in the levy.
The Erie County sales tax estimate has been increased by over
$900 thousand, while State aid, with the minor exception of the
STAR program, has been held constant.
Expenditures are expected to increase $18.852 million budget
to budget. Personal Services are up reflecting the police award
(and fire parity) plus an assumed 2 percent raise for all
employee bargaining units in 2003 -04. Fringe benefit lines have
been increased to reflect the police award and assumed
increases in health care costs in accordance with the last three
years' average rate increases. Debt service costs have been
increased $1.16 million. Our cost of RAN borrowing will
increase due to the fact that the $19.1 million spin -up and the
$48.6 million in Special State Aid will not be accelerated.
Reverting to the previous payment arrangements will increase
our cost of RAN borrowing by slightly over $1, million and there
is an increase in the amount due the NYS Municipal Bond
Bank ( +$115,000) for the Hurd settlement.
The administration hopes this gap sheet informs the Council on
the current state of city finances. As always, I am available to
meet with the Council to discuss this document and any other
items relating to the city's financial outlook.
REFERRED TO THE COMMITTEE ON BUDGET
FROM THE COMMISSIONER OF COMMUNITY SERVICES
NO. 34
Certificate of Appointment
Appointment Effective: October 28, 2002 n the Department
of Community Services Division of senior services o the
Position of Senior Citizen Specialist Permanent Promotion at
the: Intermediate
Starting salary of: $ 27,140
Robert V. Doyle 34 Cheltenham Drive Buffalo, New York 14214
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No. 36
Certificate of Appointment
Appointment Effective: October 28, 2002 in the Department
of Community Services Division of Senior Services to the
Position of Senior Citizen Specialist Permanent Promotion
Intermediate Starting Salary of: $ 27,96
Muriel Somma 83 Grimes Buffalo, New York 14212
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No. 36
Certificate of Appointment
Appointment Effective: October 28, 2002 in the Department of
Community Services Division of Senior Services to the Position
of Senior Citizen Specialist Provisional Promotion at the:
Intermediate
Starting Salary of: $27, 140
Lisa M. Masiello 83 Hartwell Road Buffalo, New York 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF HUMAN RESOURCES
No. 37
COMMENTS ON AMENDMENT TO SECTION 85
CIVIL SERVICE LAW
"A. Thompson -J. Greenan -Addl. Exam.
Credit - Children -Pol /Fire Off Killed in Line of Duty" ( #82
CCP Oct. 29, 2002)
"A, Thompson - J.Greenan -Notification -New Section 85 -A
NYS Civil Service Law" ( #83 CCP Oct. 29, 2002)
The Department of Human Resources /Civil Service
Administration is in receipt of a communication from the NYS
Department of Civil Service concerning an amendment to &Nil
service law in relation to special rights for children of
firefighters and police officers. Please be advised we are in the
process of implementing this amendment to Section 85 -a of
civil service law.
I trust this answers your inquiry.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 38
STREETS EMPLOYEE
TIME OFF REPORT
Pursunt to the request of the Taylor Law Impasse
Committee, enclosed for their review are the reports indicating
the following:
1) Name
2) Date of Hire
3) Title
4) Status
5) Total Payless Hours
If you require additional information, please contact me at Ext.
5900.
REFERRED TO THE SPECIAL COMMITTEE ON TAYLOR
LAW IMPASSE
FROM THE BUFFALO SEWER AUTHORITY
NO. 39
"A. KLEIN - CONCERNS - SQUAW ISLAND" - ( #70, C.C.P.
OCTOBER 29, 2002)
Dear Mr. Nowak:
In response to your correspondence dated October 30, 2002,
regarding the above referenced matter, please be advised that
this matter represents a City of Buffalo Department of Public
Works project. Inquiries should be directed to the
Commissioner of Public Works.
If I may be of assistance on an other issues, please contact
me. Thank you.
REFERRED TO THE WAYERWAYS SUBCOMMITTEE
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
FROM THE CITY CLERK
NO. 40
CITY OF BUFFALO
PEST MANAGEMENT BOARD
c/o CITY CLERK, 1308 CITY HALL, BUFFALO, NY 14202
November 7, 2002
Dear Mayor Masiello, City Council Members, Commissioners,
City Applicators and interested
citizens,
The Buffalo Pest Management Board is pleased to present our
2002 Annual Report. 2002 is the
first year since the full implementation of Buffalo's landmark
Pesticide Sunset Ordinance which
was passed unanimously by the City Council and signed by the
Mayor in 1998.
Highlights from 2002:
Reduced pesticide use was reported by: all three City golf
courses, the Forestry Dept., and the Martin Luther King
Greenhouse with minimal pesticide Use at the Erie Basin
Marina. However, pesticide use by the Rodent Control
Department has increased.
The Board, worked with the Erie County Dept. of Environment
and Planning, to participate in a $44,000 grant program to
provide training to City staff on alternatives to pesticides.
The Board developed a strong working relationship with
Assistant Deputy Commissioner Mike Masiello to address
issues of staffing, equipment, training and cultural practices on
City golf courses. Our goal is to improve golf course conditions
and reduce pesticide use.
The Board worked with the Erie County Environmental
Management Council on a public education program that
distributed 13,000 copies of a Healthy Lawns Flyer (see
enclosed).
Recommendations:
Appoint a City Council Member to serve as an ex officio
member of the Board;
Establish a mechanism to fund Pest Management Board
efforts;
Ensure that the board has the DEC use reports, waivers and
pesticide purchase information;
Establish of mechanism to safely dispose of unneeded
pesticides.
Commendations:
For accomplishments described herein, the Board commends:
Mayor Anthony Masiello, Council President James Pitts,
Commissioner Joe Giambra, Assistant Deputy Commissioner
Mike Masiello, Greenskeeper Gary Kelchlin, and Council Staff
member Bill Nowak.
Thank you for your continuing support of our efforts to reduce
pesticide use in the City of Buffalo.
Sincerely, Nancy R. Smith and David Hahn -Baker Pest
Management Board Co- Chairs
Mission: To put health first while promoting effective and
affordable pest management in the City of Buffalo.
1. Introduction:
This was an important year for the Buffalo Pest Management
Board (PMB) as it included the date for full implementation of
the Pesticide Sunset Ordinance. The Board was established in
1989 with the primary goal of reducing municipal pesticide use.
Throughout the 1990s the PMB worked with City departments
on pesticide reduction. One of the board's most notable
successes was in eliminating the routine spraying of the
pesticide Sevin, which was used to kill elm leaf beetles on the
City's elm trees. Today, with the cessation of spraying, the
ecological balance between the beetles and their predators has
apparently been restored and the beautiful elms on Buffalo's
parkways are growing and flourishing.
In 1998, the Common Council, with the Mayor's approval,
passed a groundbreaking Pesticide Sunset Ordinance, that
began a three -year process of phasing out municipal pesticide
use. September 1, 2001 was the date for full implementation of
the phase -out. The Board has worked tirelessly, if not always
successfully, in helping departments implement the phase out.
This report will detail our progress with the phase -out,
additional activities undertaken by the board, our
recommendations for the coming year and our commendations.
H. Accomplishments (October 15, 2001 -Oct 9, 2002):
1. Administrative Activities:
a) The Pest Management Board developed the following
mission statement:
To put health first while promoting effective and affordable pest
management in the City of Buffalo.
b) Current Pest Management Board Members are:
Board Member Appointing
Body
David Hahn - Baker, Co -Chair City
Council
Nancy R. Smith, Co -Chair City
Council
Tom Hersey City
Council
Al Festaiuti City
Council
Alan Lockwood City
Council
Jim Smith Mayor
Linda White EMC
open seat City
Council
open seat Mayor
c) Bill Nowak has served as staff for the PMB since its
inception in 1989. Bill has played a critical role in the board's
work as a key liaison between the board and City staff and
officials. With his knowledge about and dedication to the issue
of pesticide reduction, Mr. Nowak has been an essential
member of our team. As a result of changes in work
responsibilities, Mr. Nowak has been unable to attend our
meetings since December 200 1. Mr. Nowak's absence results
in a significant decrease in the effectiveness of our board
meeting time and, for the first time in PMB history, in a
complete loss of city staff support at PMB meetings.
2. Reduction in Municipal Pesticide Use:
a) Tracking Pesticide Reduction Efforts - Pesticide Use
Reports:
In New York State, all certified pesticide applicators must file a
Department of Environmental Conservation
(DEC) Pesticide Use Report on February 1 st of each year. At a
July 2001 meeting with Commissioner Giambra, the Board
requested that we receive copies of the DEC forms from all
City applicators. The ordinance, which established the PMB,
states that the board shall obtain a variety of documents
including records that are relevant to pest management that
New York State requires.
The board has received most of the DEC reports from the golf
courses (See Appendix 1). When evaluating these reports
please note that pesticide use is reported in gallons or pounds
depending on the type of pesticide product. Also note that
empty column signify missing data not an absence of pesticide
use. The reports for all three golf
courses indicate a decrease in pesticide use since the baseline
period in 1996, 1997 and 1998.
Stan Swisher at the Erie Basin Marina Rose Garden uses very
few pesticides (less than a gallon and a pound /year). Products
and use levels have not changed significantly since 1996.
Pesticide use at the Department of Rodent Control has
increased significantly since 1996 levels. Frank Poincelot, from
Rodent Control noted that his calls for problems with rats have
decreased (by- 90 %) since the "blue boxes" were distributed
throughout the City (See Appendix 2).
Records from Jeff Kranik at the Martin Luther King
Greenhouse were the most complete, including information
from every year since 1996. Only small amounts of pesticides
are used at the greenhouse. The highest levels were 43
pounds and 16 gallons of pesticides. In 2001, Mr. Kranik used
3 pounds and 4 gallons of pesticides.
Andy Raab and the forestry department have not been using
pesticides and therefore has not been completing the DEC
forms.
b) Staff Training:
The Pest Management Board partnered with the Erie County
Department of Environmental and Planning and the Erie
County Environmental Management Council to apply for a
Non -Toxic Pest Management Training and Structural Repairs
grant from the New York State Department of Environmental
Conservation. This $44,060 grant was awarded in 2001. This
funding enabled greenhouse and golf course City staff to
attend full day training events on alternatives to pesticides.
An additional four -part series of hands -on training was
organized for the golf courses. The events were held on
September 10, 2001, October 10, 2001, December 6, 2001
and March 11, 2002. Speakers included: Frank Rossi
(Comell - lithaca), Brian Eschenaur (Comell- Rochester), Karen
Dean Hall (Comell -Erie County), Al Festaiuti (Organic Lawn &
Garden Supply Co.), Harry Neumann and Mark Bradell
(Lakeside Sod). Through this effort, greenskeepers and golf
course staff received valuable training in pest and disease
identification, alternative products and practices, water quality
protection and pesticide safety. They had opportunities to share
information on successes and challenges with the staff from
the Erie County golf courses. Greenskeepers also saw the
benefits of organic products with demonstrations on their golf
greens. The grant also allowed the City to pay for deep tine
aeration at Cazenovia Golf Course. This cultural practice, if
used on a regular basis, can significantly improve turf health
and decrease the need for pesticide applications.
As a result of this and other efforts, the Cazenovia Golf Course
greenskeeper has developed a program that replaces traditional
fertilizers with organic products. This program is being
phased -in on all 3 City golf courses.
c) Golf Courses:
A successful golf course, requires among other things:
adequate staffing, proper equipment and staff training. The
board has been a strong advocate for increasing staffing levels
at the City golf courses. Specifically, we believe, that it is
critical to have a greenskeeper at each of the three golf
courses. At a July 2001 meeting with Commissioner Giambra,
the Commissioner described a four -year plan that the
department would develop to address this staffing concern. At
a July 2002 meeting with Assistant Deputy Commissioner
Masiello, Mr. Masiello shared steps that were currently being
taken to increase staffing.
At the WNY Regional Turf Grass Conference held in Buffalo
on 3/11/02, one of the presenters stressed that 80% of the pest
problems encountered were the result of abiotic (nonliving)
causes such as shade, soil and watering. What this means is
that many of the disease and insect problems that occur on
City golf courses are being treated with fungicides and
insecticides when the solution lies in removing nearby trees,
improving the soil and providing improved irrigation. Addressing
the underlying abiotic causes will make it possible for the City
to decrease its use of pesticides.
This philosophy was echoed in Roger Casterline's presentation
at the conference. As the grounds superintendent from Ithaca
College, he emphasized that in his 20 years of turf
management, one of the most important things that he has
learned was that you have to "Pay Now or Spray Later ". We
must work to move our limited financial resources into cultural
practices to avoid spending the same amount of dollars on
more toxic chemical solutions to our pest problems.
The PMB has made a number of specific requests that stem
from this philosophy.
i) Trimming or removal of several trees has been requested
near the # 7 golf green at Cazenovia Golf Course. The Forestry
Department has not been able to address this problem
because of other demands on their work force.
ii) A riding aerator was requested for the golf courses. The
aerator is being addressed as part of Phase I of the Golf
Course Plan. The purchase is expected in the fall of 2002.
iii) It is standard practice in the turf grass industry to base
fertilizer recommendations on soil tests. Every year the City golf
courses apply fertilizers without first conducting soil tests. The
City may be using funds for fertilizers when they are not
needed. The PMB has pursued several avenues to fund the
soil tests but has not yet been successful.
iv) Even though decisions about pesticide applications often
must be made on short notice, it is important to base these
decisions on the best possible information. To address this
need, Assistant Deputy Commissioner Masiello has worked
with the PMB to establish a budget procedure so that samples
can be evaluated by the Cornell Cooperative Extension. This
will allow greenskeepers to have definitive information on
insect and disease identification before applying a pesticide.
v) Spiked metal golf shoes were banned from City golf
courses. This change is an important cultural management
practice recommended by the board that can significantly
decrease the spread of fungal diseases from green to green as
golfers walk around the golf course. The change was
publicized in the Spring when season passes were sold and
with posters at the golf courses.
vi) Another preventable problem arose in the 2002 golf
season that led directly to an increase in pesticide use.
Unidentified individuals entered the Cazenovia Golf Course
during the night on numerous occasions and turned on the golf
green's sprinklers. The golf course staff returned to the course
in the morning to find that the hoses had been moved and there
was 4" of water in the golf cups. This summer, the golf course
staff have been using the soil water probe (purchased with the
DEC grant funds) to track moisture levels. The objective was to
water the greens after levels dropped below 4 -5 on the gauge.
After the midnight waterings, the probe measured 9 -10. This
problem occurred repeatedly for approximately 6 -7 weeks and
because of the high moisture levels led to very high disease
levels on the greens. The practice green, for example, was
severely damaged by Pythium root rot. On several occasions
individuals also sprayed green enamel paint on the greens and
tee boxes. Assistant Deputy Commissioner Masiello assisted
with the resolution of this problem.
Significant problems were identified with the ventilation of the
pesticide storage area at the Cazenovia and Delaware Golf
courses. In addition it was not possible to secure the storage
areas. This problem was raised by the board at the July 2001
meeting with Commissioner Giambra. Modifications to the
storage areas were completed on January 17, 2002.
d) Waivers:
Under the Pesticide Sunset Ordinance a waiver is now required
for the use of any pesticide on City property, unless the
pesticide is exempt from the ordinance ( for example contained
rodent baits). A pesticide waiver form and procedure have been
developed. At the July 2001 meeting with Commissioner
Giambra, the Board requested that the Commissioner contact
all of the certified applicators to ensure that they were aware of
the waiver procedures.
By mid - summer 2002 this procedure was working smoothly for
the golf courses. Stan Swisher (Erie Basin Marina, Rose
garden), Frank Poincelot (Rodent Control) and Jeff Kranik
(Martin Luther King Greenhouse) were not informed of the
waiver procedure until they were contacted by Nancy Smith on
9/30/02. Jeff Kranik has not been using pesticides in 2002 so
did not need to use the waiver procedure. Stan Swisher is
using only small amounts of pesticides so the waiver
procedure, when needed should be very workable. Frank
Poincelot expressed very strong concerns about using this
procedure in his department. He is not using contained baits -
as was assumed when the ordinance was passed. The current
procedure would require him to fill out and the commissioner to
approve, thousands of waivers each year.
e) Delaware Park:
Bowling Green - the PMB convened a meeting with parks
department staff and Buffalo Olmsted Park Conservancy staff
to discuss concerns about the management of the bowling
green.
3. Public Education:
a) The Buffalo Pest Management Board collaborated with the
Erie County Environmental Management Council to develop the
Healthy Lawns Flyer (see enclosed copy). 13,000 copies of the
flyer have been printed and distributed.
b) The Board served as a resource for Western New York
Society of Organic Horticulture in their production of the 2002
Organic Landscape Resource Directory. 10,000 copies of the
directory were printed and distributed.
c) The PMB, for the first time in its history, staffed a table at a
public event. The Board provided information and resources on
alternatives to pesticides at the Green Gold Expo on October
11 & 12, 200 1. The event was attended by over 700
individuals.
d) The PN /IB plans to put information about reducing pesticide
use on the City Access Cable station. Contacts have been
made, with Tom Terapacki and discussions about this are
ongoing.
e) Their are several web sites in WNY that provide information
on pesticide reduction efforts. The PMB is working with the
Erie County Environmental Management Council to improve
and cross -link these web sites. Information about the PMB has
been listed at: http : / /www.environment- buffalo.org under
pesticides.
4. West Nile Virus:
The PMB has been in contact with John Eiss, Associate Public
Health Sanitarian at the Erie County Health Department, on a
regular basis. We have reviewed the County of Erie 2001 West
Nile Virus Report (released on April 29, 2002). The Board has
supported the county health department's management of
West Nile Virus. The County has emphasized education,
surveillance and mosquito control through breeding site
elimination and selective larvicide applications.
6. Environmental Agenda:
PMB member, David Hahn - Baker, has been working with a
group of Buffalo residents to develop an environmental agenda
for the City of Buffalo. The citizens group has met with Mayor
Masiello several times over the past year and the mayor has
agreed to:
Issue an annual State of the Environment speech;
Appoint a liaison to work directly with the environmental
community (The Mayor has appointed PMB member and
Mayoral representative to the PMB, Jim Smith to play that role);
Meet quarterly with environmental community members from
the City;
Incorporate environmental and sustainability information and
perspectives into the City's outreach activities with citizens
such as the ongoing development of a Buffalo Master Plan.
To date, fulfillment of these commitments has been spotty at
best. In an August 29, 2002 letter to Mayor Masiello the
citizens group identified 5 priority areas of action for Phase I of
their efforts. One of these areas is pesticides. The group
suggested the following steps be taken:
farther control the City's use, storage and disposal of
pesticides; require City departments to inventory pesticides;
require City departments to develop a pesticide reduction
program; promote a voluntary public pesticide sunset
ordinance.
6. Disposal of Pesticides:
a) A need arose in 2001 to dispose of expired, leaking and
improperly stored pesticides at the Cazenovia Golf Course. The
City does not have an established mechanism to quickly and
safely dispose of expired, damaged or unneeded pesticides.
Participation in programs such as the Erie County Exempt
Small Quantities Generator Program should be considered by
the City.
b) Following discussions re the events of Sept. 11, the PMB
mailed a letter to Mayor Masiello on January 22, 2001
requesting that a procedure be established to:
inventory existing pesticides;
minimize the amount of pesticides stored at municipal facilities;
lock -down and control the pesticides that are stored at
municipal facilities.
7. Outreach:
a) Board member Dr. Alan Lockwood has been
appointed to the United States Environmental Protection
Agency Pesticide Program Dialogue Committee. This
committee meets 2 -3 times per year in an advisory capacity to
the EPA agency concerning a broad range of issues related to
pesticides. Dr. Lockwood has also been appointed to an
Agency for Toxic Substances and Disease Registry advisory
panel to examine connections between pesticides and other
environmental toxicants and Parkinson's Disease and
Alzheimer's Disease. ATSDR is a branch of the Centers for
Disease Control. He continues as chairman of the Environment
and Health Committee of Physicians for Social Responsibility,
a national organization with 23,000 members, and authored
their public comments submitted to EPA concerning the
Revised Organophosphate Risk Assessment.
b) Board member Nancy Smith was hired as the Western New
York Program Coordinator for the New York Coalition for
Alternatives to Pesticides' ( NYCAP) new office, which opened
in May of 2002. The mission of NYCAP is to eliminate the use
of hazardous chemicals through education and outreach.
Ms Smith also serves as the chair of the Erie County
Environmental Management Council's Pesticide Reduction
Committee. The role of this committee is similar role to the pest
management board but within the Erie County system. Board
member David Hahn Baker also serves on this committee and
board member Tom Hersey, who works for the Erie County
Department of Environment and Planning and serves as the
liaison to the Management Council. Mr. Hahn -Baker and Mr.
Hersey also play key roles in the work of this committee.
c) Board member Al Festaiuti is the Founder and President of
the Western New York Society for Organic Horticulture Inc.
Established in 2000, the WNYSFOH Inc. is a new association
of green industry professionals who are committed to using and
promoting safe organic methods of lawn and tree care. The
Society's goals are to promote organic business in WNY, to
advocate the organic landscaping industry and create
standards of excellence. The Society provides training
workshops in the areas of IPM and alternative pest control and
plans to establish an organic outreach marketing program
networking with other organic agriculture, environment and
public interest groups.
III, Recommendations:
1. The PMB recommends that Mayor Masiello:
Ensure that all City of Buffalo Certified Applicators send a copy
of the DEC Pesticide Use forms to the Pest Management
Board by Feb 1 st of each year.
Ensure that all City of Buffalo certified applicators complete an
inventory of pesticides stored on City property and mail a copy
of the inventory to the PMB by Feb I st of each year.
Ensure that the PMB and the Common Council receive copies
of all purchase orders for pesticides. The PMB will compile this
information to determine the amount of money that the City
spends annually on pesticides. The PMB will work to redirect
funding from pesticides to staffing, equipment, tree
removal /trimming, irrigation and other cultural practices that
can decrease the need for pesticide use. In addition, the PMB
requests the Council's Budget Committee track pesticide
spending on a yearly basis to identify trends and cost savings.
Ensure that the storage facilities for all City applicators are safe
and secure.
Ensure that soil tests are conducted for all City golf greens or
begin a three -year rotation plan that would provide soil tests for
golf greens every 3rd year.
2. Ensure that a public education piece is developed to
distribute to community members with seasons passes that
addresses the relationship between proper watering practices
and disease problems.
Oversee the establishment of a mechanism to identify and
dispose of expired pesticides or pesticides that are no longer
needed.
Continue to seek grant funding for training and equipment that
will facilitate pesticide reduction efforts (e.g. irrigation for the
golf courses).
Provide the Pest Management Board with information about
any pest management services that the City contracts out to
private businesses.
Ensure the removal or trimming of trees shading golf greens at
Cazenovia Golf Course.
The PN /IB recommends that the Common Council:
Establish funding to staff the Pest Management Board.
Fund an insect and disease identification line for the golf
courses in the 2003 -2004 City Budget.
Work with the Pest Management Board to reevaluate the waiver
procedure of the Pesticide Sunset Ordinance as it pertains to
rodent control.
Appoint a City Council member to serve as an ex officio
member of the Pest Management Board and to act as a liaison
between the Board and the Council.
IV. The Buffalo Pest Management Board Commends:
Mayor Masiello for his willingness to work with citizens to
develop an environmental agenda for the City, including efforts
to reduce pesticide use.
Council President Pitts for his leadership in establishing the
Pesticide Sunset Ordinance.
Commissioner Giambra for completion of the ventilation and
security measures at Cazenovia and Delaware Golf Courses
and for overseeing the implementation of the policy to ban
spiked golf shoes.
Assistant Deputy Commissioner Masiello for his interest in, and
willingness to work on and support, pesticide reduction
initiatives.
Gary Kelchlin for his willingness to try new pest management
techniques, and his ongoing cooperation and support.
Bill Nowak for his 13 years of commitment and dedicated
service to this board.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
COMMISSIONER OF PUBLIC WORKS AND THE
ENVIRONMENTAL MANAGEMENT COMMISSION
NO. 41
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
One HSBC Center 150 Babcock Street 106 Northampton St
Compass Group USA Inc 1509 Babcock Street Stanley Martin
Compass Group USA Inc. Gregory B. Gould Stanley Martin
RECEIVED AND FILED
NO. 42
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:
X Police- Mark Lorenzo, Brian Winnie, Elizabeth Mann,
Marlene Mott
Leonard Valvo
X Fire -Mark Steward
RECEIVED AND FILED
NO. 43
REPORTS OF ATTENDANCE
I transmit herewith communications received by me, from
the various boards, commissions, agencies and authorities
reporting the membership attendance at their respective
meetings:
X Buffalo Sewer Authority
RECEIVED AND FILED.
NO. 44
NOTICES OF APPOINTMENTS - SEASONAL /FLAT
I transmit herewith certificates received by me, reporting
seasonal and flat salary appointments made in various
departments.
RECEIVED AND FILED.
Certificate of Appointment
Appointment Effective November 4, 2002 in the Department
of Administration and Finance, Division of Parking
Enforcement to the Position of Laborer 11, Seasonal,
NON - COMPETITIVE at the FLAT Starting Salary of $8.16
Harry J. Vick, 211 Amber Street, Buffalo 14220
Certificate of Appointment
Appointment Effective October 28, 2002 in the
Department of Administration and Finance, Division
of Parking Enforcement of to the Position of , Laborer
11, SEASONAL Appointment at the FLAT Starting Salary of
$8.15/hr
Louis M. Arroyo, 163 Fargo Avenue, Buffalo 14201
Certificate of Appointment
Appointment Effective: October 25, 2002 in the Department
of Public Works, Parks and Streets, Division of Streets to the
Position of Clerk (Seasonal ), Seasonal, Non - Competitive at the
Flat Starting Salary of: $ 8. 15 /hr
Anne Bingenheimer, 222 Norwood Avenue, Buffalo, NY 14222
Certificate of Appointment
Appointment Effective: November 13, 2002 in the
Department of Public Works, Parks and Streets, Division of
Streets to the Position of Seasonal Laborer 11, Seasonal,
Non - Competitive at the Flat Starting Salary of $ 8.15/hr
Jerome M. Jerozal, 57 Davey Street, Buffalo, NY 14206
Certificate of Appointment
Appointment Effective November 11, 2002 in the
Department of
Public Works, Parks and Streets, Division of Streets to the
Position of
Seasonal Laborer 11, Seasonal, Non - Competitive at the Flat
Starting Salary of $8.15/hr
Karen M. Cassidy, 196 Mackinaw Street, Buffalo, NY 14204
Ann Parot, 10 South Street, Buffalo, NY 14204
Mario DiBartolomeo, 467 Hinman Avenue, Buffalo, NY 14216
James Paul, 64 Pavonia Street, Buffalo, NY 14207
Leamond Turner, 64 Pavonia Street, Buffalo, NY 14207
John S. Kalwicki, 21 Brinton, Buffalo, NY 14214
Certificate of Appointment
Appointment Effective: November 8, 2002 in the Department
of Public Works, Parks and Streets, Division of Streets to the
Position of Seasonal Laborer 11, Seasonal, Non - Competitive at
the Flat Starting Salary of: $ 8.15/hr
Charles A. Sessa, 109 N. Ogden, Buffalo, NY 14206
Ronald Sokolowski, Jr. 87 McKinley Pkwy., Buffalo, NY 14220
Cartiticate of Appointment
Appointment Effective. November 7, 2002 in the Department
of Public Works, Parks and Streets, Division of Streets to the
Position of Seasonal Laborer 11, Seasonal Non - Competitive at
the FI a t Starting Salary of: $ 8.15/hr
Michael Sacilowski, 49 Goodyear, Buffalo, NY 14212
Certificate of Appointment
Appointment Effective; November 6, 2002 in the Department
of Public Works, Parks and Streets, Division of Streets to the
Position Of Seasonal Laborer 11, Seasonal, Non - Competitive at
the FI a t Starting Salary of: $8.15 /hr
Brian Bruyee, 391 Hewitt, Buffalo, NY 14215
Christopher Zgoda 101 Ullman Buffalo, NY 14207
Certificate of Appointment
Appointment Effective: November 5, 2002 in the Department
of Public Works; Parks and Streets, Division of Streets to the
Position of Seasonal Laborer 11, Seasonal, Non - Competitive at
the Flat Starting Salary of $8.15/hr
Norman Ross, 17 Durham Avenue, Buffalo, NY 14215
Certificate of Appointment
Appointment Effective; November 4, 2002 in the Department
of Public Works, Parks and Streets, Division of Streets to the
Position of Seasonal Laborer 11, Seasonal Non - Competitive at
the Flat Starting Salary of: $8.15/hr
Mark J. Giardina, 1310 Delaware Avenue, Buffalo, NY 14209
Daniel J. Pugh, 41 Dempster St., Buffalo, NY 14206
Diane Carmichael, 193 O'Connell Avenue, Buffalo, NY 14210
Certificate of Appointment
Appointment Effective November 1, 2002 in the Department
of Public Works, Parks and Streets, Division of Streets to the
Position of Seasonal Laborer 11, Seasonal Non - Competitive at
the Flat Starting Salary of: $8.15/hr
Willie Pennyamon, 24 Paderewski, Buffalo, NY 14212
Certificate of Appointment
Appointment Effective November 5, 2002 in the Department
of Public Works, Parks and Streets, Division of Parks to the
Position of Seasonal Laborer 11, Seasonal Non - Competitive at
the Flat Starting Salary of: $8.15/hr
Kevin, VonderEmpten, 86 Mayer, Buffalo, NY 14207
Appointment Effective October 29, 2002 in the Department
of Public Works, Parks and Streets, Division of Recreation to
the Position of Rink Attendant, Seasonal Non - Competitive at
the Flat Starting Salary of: $5.15/hr
William Chamberlin ,125 Eckhert, Buffalo, NY 14207
McGurn Matthew, 48 Naragansett Road, Buffalo 14220
NO. 46
APPOINTMENTS - TEMPORARY, PROVISIONAL OR
PERMANENT
I transmit herewith Appointments in the various departments
made at the Minimum (Temporary, Provisional or Permanent)
and for Appointments at the Maximum (as per contract
requirements) .
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
AYES - BONIFACIO, COPPOLA, FISHER, FONTANA,
FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO,
MARTINO, PITTS, THOMPSON - 12 NOES -DAVIS - 1
Certificate of Appointment
Appointment Effective: November 4, 2002 in the Department
of Administration and Finance, Division of Parking
Enforcement, to the Position of Parking Meter Coin Collector
part time, Provisional Promotion at the Starting Salary of $
18,792
Franklin Lopez Jr, 311 Starin Avenue, Buffalo, NY 14216
Certificate of Appointment
Appointment Effective: October 28, 2002 in the Department
of Community Services, Division of Senior Services to the
Position of Senior Citizen Specialist, Permanent Promotion at
the Starting Salary of
Julianne Panty, 156 Stratford Road, Buffalo, New York 14216
Appointment Effective: October 28, 2002 in the Department
of Law to the Position of Assistant Corporation Counsel 11,
Permanent Non - Competitive at the Starting Salary of $ 53,069
Edward J. Taublieb, 187 Norwalk Avenue, Buffalo, NY 14216
Certificate of Appointment
Appointment Effective: October 22, 2002 in the Department of
Police to the Position of Assistant Corporation Counsel 11,
Permanent Non - Competitive at the Starting Salary of $ 53,070
Diane O'Gorman, 2820 Kulp Rd., Eden, N.Y. 14057
Certificate of Appointment
Appointment Effective October 28, 2002 in the Department
of Police
to the Position of Cellblock Attendant, Provisional,
Non - Competitive
at the Minimum Starting Salary of $ 26,458
David Barczak, 98 Sheffield Ave., Buffalo, N.Y. 14220
Anthony Szymkowiak 11, 82 Whitfield Ave., Buffalo, N.Y. 14220
Certificate of Appointment
Appointment Effective: November 11, 2002 in the
Department of: Police, to the Position of, Crossing Guard,
Temporary Non - Competitive at the minimum Starting Salary of
$ 7.09 /hr
Lilia Brown, 94 Titus Ave., Buffalo, NY 14212
Shemeda Williams, 322 Warwick Ave., Buffalo, NY 14215
Thyra J.Clark, 107 Northampton St., Buffalo, NY 14209
Certificate of Appointment
Appointment Effective: November 6, 2002 in the Department
of Public Works, Parks & Streets Division of Buildings to the
Position of Senior First Class Stationary Engineer, Temporary
(As required)
Appointment at the Flat Starting Salary of $10.25
Timothy D. Devany, 19 Mumford Street, Buffalo 14220
Daniel J. Schamann, 14 Marine Drive, Apt. 8C, Buffalo 14202
John Womer, 4 Rebecca Park, Buffalo 14207
Certificate of Appointment
Appointment Effective: November 2, 2002 in the Department of
Public Works, Parks & Streets, Division of Buildings to the
Position of Senior First Class Stationary Engineer, Temporary
(As required)
Appointment at the Flat Starting Salary of $10.25
Last 4 digits of S.S N
Frank P. Bifaro, 16 Red Jacket Parkway, Buffalo 14220
Charles E. Buchanan, 128 Altruria Street, Buffalo 14220
John F. Kupinski, 241 Columbus Avenue, Buffalo 14220
Kevin C. McCarthy, 146 Hollywood Avenue, Buffalo 14220
Michael McCool, 181 Kentucky Street, Buffalo 14204
Dennis E. Schollard, 39 Shenandoah Road, Buffalo 14220
Certificate of Appointment
Appointment Effective: October 28, 2002 in the Department of
Public Works, Parks & Streets, Division of Buildings to the
Position of
Senior First Class Stationary Engineer, Temporary (As
required)
Appointment at the Flat Starting Salary of $10.25/hr
Reginald G. Goston, 378 Northland Avenue, Buffalo 14208
Lawrence L. Doctor Jr., 30 Portland Street, Buffalo 14220
NON - OFFICIAL COMMUNICATIONS
NO. 46
P. CASILIO- INFO - GUARDIAN ANGEL SCULPTURE
It is with great pleasure that I wish to inform you that I am a
Greater Buffalo and Montreal Artist. My work consists of
surreal and abstract /modern art. I had submitted a proposal for
the East Ferry Public Art project, but was unsuccessful.
With this in mind, I wish to comment on the Guardian Angel
sculpture. In my professional opinion, the proposed piece is a
stunning work of art in every sense of the word. It represents
movement and life within its neighborhood. It also symbolizes
the ideal of security and protection. The placement and the
contents of this work is well suited.
In addition to this, as we know, the Albright -Knox Gallery was
an influential source in the Modern and Pop art movement. This
institution is a Jewell on Elmwood Avenue. With this
connection, modern art works are most suited in our great city.
LAID ON THE TABLE
NO. 47
M COPPOLA & B DAVIS- W. CLARK JR- TRANSFER
FROM JOB ASSIGNMENT FIRE INVESTIGATOR
Please file this item for the next Common Council meeting on
November 12, 2002.
Thank you, if you have any questions please call my office.
From: Walter R. Clark Jr.
RE: Transfer from Job Assignment
I became of member of the Buffalo Fire Department in April
1983 and was assigned to Heavy Rescue 92 as Firefighter
where I remained until I was assigned to the Bureau of Fire
Investigation Unit as a Fire Investigator in December of 1989.
1 worked as an Investigator in that unit until October 22, 2002.
On October 21, 2002 1 was summoned to the office of Fire
Commissioner Calvin Worthy and informed by Commissioner
Calvin Worthy that I was being replaced in my position as Fire
Investigator in the unit effective October 22, 2002.
Deputy Commissioner Margaret Keane in an interoffice memo
instructed me to report to the Service Station on October 26,
2002 @ 0800 hrs. (See attachment #1). Commissioner Calvin
Worthy, in response to my asking for the reason for the action
said he was following the order of the Mayor Masiello.
I have attached a listing of the numerous trainings certifications
etc. that I have accumulated to help enhance my job
performance. I most recently took a course in April 2002 a
Bomb /Explosive Investigations through the Department of
Justice ATF Training Center (see attachment #2).
1 would appreciate an audience with Mayor Masiello so that I
could discuss the interruption in my career. I have still have
open investigations, which require appropriate closure. I would
also respectfully request that Mayor Masiello reverse his
decision to reassign me and allow me to continue as a Fire
Investigator in the Fire Investigation Unit.
I welcome any assistance or direction that you could provide
me to accomplish this dialogue with Mayor Masiello I can be
reached at 853 -7798.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
THE COMMISSIONER OF HUMAN RESOURCES THE
COMMISSIONER OF FIRE AND THE MAYOR
NO. 48
E. CROTTY -30 ANNUAL FEDERAL CLEAN WATER ACT
Dear Interested Citizen:
I am writing to invite you to join in celebrating 3 0 years of
progress in protecting the State's water resources. Earlier in
the year, Governor Pataki issued a proclamation designating
2002 &,; the Year of Clean Water and October as Clean Water
Month in New York State, celebrating the 30"' anniversary of
the federal Clean Water Act and reaffirming New York State's
commitment to restore and protect our waters.
The passage of the Clean Water Act was instrumental in
directing attention and resources to protecting water bodies
and restoring impaired lakes, ponds, rivers and streams. New
York's water resources provide clean drinking water and a
home to diverse aquatic life, while offering countless
recreational opportunities for residents and tourists.
Over the last 30 years, our waters have become
cleaner and healthier, and we are continuing efforts
to protect and improve water quality in Long Island
Sound, the Hudson River, the Great Lakes, the
Susquehanna, Adirondack streams, and thousands of
other waterways across New York State. Governor
Pataki recognizes the need to build upon these efforts
and has provided sigificant funding for the
protection of water quality through the 1996 Clean
Water /Clean Air Bond Act, the Environmental
Protection Fund (EPF), and the Clean Water State
Revolving, Fund. Included in this mailing, are two
reprints of articles from the New York State
Department of Environmental Conservation's
(Department) Conservationist magazine that
recount our State's progress over the past years and
share a few examples of how the investment of Bond
Act and EPF dollars has restored water quality and aquatic
habitat and increased opportunities for New Yorkers to enjoy
our natural heritage. Together, we have invested more than $2
billion through the 1996 Clean Water /Clean Air Bond Act and
the EPF for water quality improvement and protection.
Improvements in water quality and restoration of watersheds
are continuing- The cleanup of sewage and industrial waste
discharges since the 1960s and 1970s has allowed us to focus
on the less- obvious sources of pollution, including pollutants
that fall from the sky, seep from contaminated sites, and run off
the land into New York's waters. Today, the majority of the
water quality problems requiring attention come from these
latter sources. New York's efforts to control acid rain are the
toughest in the nation, and the State continues to fight at the
federal level to control out -of -state sources of acidic deposition
that have had devastating effects on our Adirondack forests
and waterbodies.
In partnership with the New York State Department of
Agriculture and Markets under the leader -ship of
Commissioner Nathan Rudgers, the Department is promoting
the nationally recognized Agriculture Environmental
Management Program, which now involves more than 1,000
farmers in developing farm management plans that protect
water quality. A copy of the 2002 Annual Report is included in
this packet.
Finally, in response to the federally mandated stormwater
program, we are moving rapidly to provide the resources and
support needed to assist municipalities and businesses in
complying with federal rules designed to improve water quality
by controlling runoff in urban areas. Through the EPF, $3.4
million will be provided this year to assist communities in
implementing the new federal stormwater program, known as
Stormwater Phase 11. In addition, $380,000 from New York's
federal nonpoint source grant and $800,000 in partnership
funding has been committed to its implementation. This packet
contains an overview of the stormwater program to help
municipalities start planning their storinwater program.
There are many commemorative activities planned for Clean
Water Month. A team of high school students from Candor,
New York, will represent New York State at the National Youth
'Watershed Summit in the nation's capital. On October 18'h,
citizens, students and fellow agencies will join in a national day
of water quality monitoring to help document our tremendous
progress in cleaning up lakes and streams. Throughout the
month, look for a variety of conferences, workshops, beach and
stream cleanups, river walks, and school programs that
highlight our ongoing commitment to water protection and
improvement. For information events commemorating the 30'h
Anniversary of the Clean Water Act, visit the Department's
website at
http: \ \www. dec. state. ny. us \website \dow \CWA30. html.
In the words of Governor Pataki, we "encourage all New
Yorkers to protect and preserve our State's water resources for
their future use and enjoyment, and to ensure future
generations have access to clean and healthy water."
We thank you for being part of our successful partnership in
this effort and look for -ward to additional progress in the future.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 49
B. DAVIS, B. BERGEN _306 CARLTON STREET
As you know, the Friendly Fruit Belt Neighborhood Block
Club, Inc., in conjunction with the Fruit Belt Development
Corporation (FBDC), is interested in purchasing and
rehabilitating 306 Carlton Street for use as the FBDC's
headquarters and as the site for various educational programs.
The City recently foreclosed on this property. At the October
28, 2002 auction, no one bid on it and the property was struck
back to the City. The purpose of this letter is to advise that
once title has formally transferred to the City, we would like you
to assist the Block Club and the FBDC in acquiring the
property from the City for $1.00.
Please advise what, if anything, you need from the groups in
order to initiate this process. I look forward to hearing from you
and thank you very much for your time and attention to this
request.
Very truly yours
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT AND THE DIRECTOR OF STRATEGIC
PLANNING
NO. 60
K. FITZGERALD -INFO MAYORS RECOMMENDATIONS
FACTFINDER REPORT
Today we are filing four (4) copies of three (3) reports
pertinent to item #53 CCP, October 29, 2002, "Mayor's
Recommendation on Fact Finder's Report - Buffalo Building
Trade Inspectors - A.F.S.C.M.E. LOCAL 2651 ". The reports
are:
1. Proposals submitted to the City of Buffalo by Local 265 1,
Building Trade Inspectors in response to the Agreement ending
June 3 0, 2001
2. Union Fact Finding Brief - New York State Case No.
M201 -278 P.E.R.B.
3. Fact Finding Report from Mediator /Arbitrator Mr. Edward A.
Schmidt.
We hope that these reports will provide you with the
background information needed to arrive at a contract
resolution for Local 265 1. and the City of Buffalo. We are
seeking an open- minded, positive stance from the Common
Council on four issues pared down from our original nine
proposals and are submitting a brief overview of what you will
find in Local 2651's Fact Finding brief
A salary increase comparable at the very least to the recent
police arbitration award and Local 264's 2001/2002 salary hike.
An upgrade in salary due to the City's continually adding duties
(most of which are revenue producing for City coffers).
- An increase in auto allowance. Local 2651 members are
currently paid $12 per day while the American Automobile
Association and Runzheimer International estimates the cost of
owning a vehicle at $31 per day.
-An increase in longevity on par with Locals 264 and 650. We
have not received an increase since 1993.
We certainly understand the fiscal situation in our City.
Obviously all items are open to negotiation. We have reached
an agreement with the Masiello Administration on our last four
contracts and are not happy about forcing the Council to make
an imposed settlement. Local 2651 will not apologize for the
fact that we are seeking monetary increases as the City
arbitrarily forces costly medical changes for our membership.
We do not have the ability to pay for health care, automobile
and cost of living increases because we do not receive
monetary compensation for overtime (as do other unions), Yet
we are told that we can't receive monetary increases because
all the other unions will expect the same. We are tired of being
painted with the same broad brush as other heavily overtime
laden unions. It is time for the Administration to have the
courage to impress upon other unions (at contract and budget
time) that Local 2651 is deserving of these increases based
upon the uniqueness of our situation.
Local 2651 appreciates your time and consideration in this
matter. We look forward to meeting with you and answering any
questions.
REFERREI) TO THE TAYLOR LAW IMPASSE COMMITTEE
NO. 61
C FISHER - ATTACHED MINUTES WATERWAYS
SUBCOMMITTEE 3/02,4/02, 6/02, 7/02, AND 9/02
Please file the attached minutes from the March, April, June,
July and September meetings of the citizens group that has
been meeting as a component of the Waterways Subcommittee
of the Community Development Committee.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 62
J. GOLOMBEK- INFO - MERGER LOUISVILLE
W /JEFFERSON COUNTY
Dear Mr. Michaux,
Please include the following informational items on the
agenda for the Nov. —22, 2002 meeting of the Common
Council.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 63
J. GOLOMBEK -INFO ADS ON POLICE CARS
Dear Mir. Michaux,
Please include the following informational items on the
agenda for the Nov. 12, 2002 meeting of the Common Council.
Enclosure (1)
Sincerely,
Joseph Golombek, Jr.
North District Council Member
Cities consider ads on police cars
By Larry Copeland, USA TODAY
ATLANTA - To cash - strapped cities across the nation, the
offer seems too good to pass up. New police cars for $1 each
in exchange for allowing NASCAR -style advertisements all over
the cruisers.
U.S. cities could receive donated police cars in exchange
for advertisements to be printed on them.
Cities buffeted by the recession and a post -9/1 I travel lull are
jumping at the deal pushed by a Charlotte company. Since
May, more than 20 cities have signed contracts for the news,
and more than 200 others are interested.
Some observers fear that putting ads on police cars goes too
far. Gary Kritz, an advertising professor at Seton Hall
University, sees potential conflicts. Police might look the other
way on matters involving local patrons, or advertisers might "do
something to get the cop cars in motion."
"I think it's a little shortsighted," says Kelly Edmiston, assistant
economics professor at Georgia State University. "The
economy is going to turn around, but they're taking diehard
measures."
Public entities and advertisers have copied up for years. But
now, the pitching extends everywhere. San Diego is
considering letting General Motors put ads on lifeguard towers
in exchange for 35 free cars. The city of St. Charles, Mo., voted
in September to rent ad space on its trash- collection trucks.
And Biggs, Calif., population 1,793, is mulling an offer from the
California Milk Processor Board to change its name to Got
Milk' ?, Calif., for a "meaningful contribution."
Sam Slay, police chief of Springfield, Fla., wasn't crazy at first
about the idea of ads on cruisers but signed up. "Sometimes
you have to set your preferences aside for the principle, and we
need these cars," he says.
Springfield, a Panama City suburb of under 10,000, is hoping
for 15 Ford Crown Victorias, worth about $24,000 each.
Advertising fees would pay for the cars and three years of
maintenance.
Ken Allison, a partner with Government Acquisitions LLC of
Charlotte, says the first car delivery is three to six months
away. He says the company will solicit ads from national and
local companies "even the local bail bondsman, or an
attorney's office."
Some hopefuls fret that the car deal is too sweet. "My father
said if something sounds too good to be true, it is," says
Ozark, Ala., Mayor Bob Bunting, who's seeking 10 cars. "But I
said, 'Let's try it. We have nothing to lose.'"
REFERRED TO THE COMMITTEE ON LEGISLATION,
CORPORATION COUNSEL, COMMISSIONER OF
ADMINISTRATION AND FINANCE AND THE
COMMISSIONER OF POLICE
NO. 64
B. GRANT -T. GOODMAN - CONCERNS PHASE II
MAIN /LASALLE
Dear Mr. Michaux III:
Please file the following item with the Buffalo Common
Council for the next full council meeting to be held Tuesday,
November 12, 2002.
Sincerely,
WHEN WE PURCHASED OUR HOME 2 YEARS AGO IN
MAIN /LASALLE, WE WERE TOLD THERE WERE PLANS
FOR A PHASE II. HOWEVER, LATELY, THERE HAS BEEN
LITTLE TALK ABOUT IT.
PHASE 11 WOULD BE A GREAT ACCOMPLISHMENT IN
IMPROVING OUR CITY AS WELL AS OUR COMMUNITY,
AND PERHAPS MORE NEW HOUSING MAY ATTRACT
PEOPLE TO MOVE BACK INTO THE CITY.
AS CONCERNED CITIZENS, WE ASK THAT YOU DO
WHAT'S NECESSARY TO CONTINUE REBUILDING THE
AREA.
THANK YOU FOR YOUR COOPERATION IN THIS
MATTER.
SINCERELY,
TYRONE & MARY GOODMAN
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 66
W. HURST-
NATIONAL FUEL GAS - GAS METERS IN HISTORIC
DISTRICTS
Dear Mr. Laping:
I am writing in my capacity as legal counsel to the Preservation
League of New York State, Inc. ( "League ") -- New York's only
statewide preservation organization. I understand from our
telephone conversation that National Fuel Gas ( "NFU')
continues to alter gas meters on landmark buildings and in duly
designated landmark districts without obtaining a certificate of
appropriateness from the City of Buffalo Preservation Board.
NFL's practice in tl its regard is illegal pursuant to the Buffalo
Preservation Standards and may trigger comprehensive review
of the impacts of this practice on historic resources pursuant to
Section 14.09 of the New York State Historic Preservation Act.
Preliminarily, Article IV of the Preservation Standards (Section
337 -16) states, "It shall be unlawful for any person, firm or
corporation to construct, alter, remove or demolish any
improvement or structure, which is a landmark, part of a
landmark site or wl iich is located in an historic district when
such action will affect the exterior of such property without
having first obtained a certificate of appropriateness or a
certificate of no effect or a certificate of exception authorizing
such work," Since NFG is nothing more than a private,
for - profit utility company, Section 337 -16 clearly applies to its
activities affecting landmarks, landmark sites and /or that
occur within the City of Buffalo's landmark districts. Further,
there would appear to be no question, based upon your
description, that the practice of altering and /or replacing gas
meters "will affect the exterior of such [landmark] properties."
The Buffalo Preservation Board certainly should not presume,
without having a proper application before it, that NFG could
demonstrate hardship, or dangerous conditions -- the only
grounds for relief from the Preservation Standards. I would
suggest, therefore, that the Buffalo Preservation Board and /or
the City of Buffalo exercise all of the enforcement powers
granted under the City Code as against NFG to halt this
renegade practice.
The New York State Historic Preservation Act ( "HPA ") requires
a review of any state funding, licensing, permitting or approval
that affects historic properties. Two elements are required to
trigger the review provisions of the EPA: the presence of a
property of historic, architectural, cultural or archaeological
significance and the involvement of a state agency in funding or
approving a project that will affect the historic property. In the
instant matter, it would appear that the Public Service
Commission ( "PSC "), a state agency, has or will approve
NFL's gas meter practices. As a state agency approving an
activity that may affect historic resources, the PSC is obligated
under the HPA to consult with the State Historic Preservation
- Office ( "S130 ") and to consider alternatives that will minimize or
avoid harm to historic resources to the maximum extent
feasible. I am providing a copy of this letter to the SHPOs office
to assure that OPRI -IP is aware of these developments.
The Buffalo Preservation Board's efforts to resolve this matter
through discussion and negotiation with NFG are laudable. It
appears, however, that NFG has declined your invitation to
participate further in those discussions. The time is therefore
ripe for the Buffalo Preservation Board to act swiftly and
definitively to protect the City of Buffalo's invaluable historic
resources. The League fully supports your efforts to date and
will continue to do so in the future.
Thank you for bringing this important issue to the League's
attention, I look forward to receiving continuing updates from
you as the situation develops.
Should you have any questions regarding the foregoing, please
do not hesitate to contact me at any time.
Very truly yours,
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 66
LOVEJOY NEIGHBORHOOD REQ.- REMOVAL OF
WALDEN AV. FROM TRUCK ROUTE SYSTEM
( #23 C.C.P. OCT. 29,2002)
Honorable Body:
I have received the request for comment regarding the above
action. I have referred this matter to our Traffic Safety
Commission to review and comment on. The Town of
Cheektowaga does have a truck route system in place.
Currently all state highways are truck routes. A change in our
codes would also be necessary to effectuate this proposal. The
Commission meets on the P Tuesday of the month, and will
assign a member to investigate and report at their next meeting.
My initial concern is that the Town of Cheektowaga owns and is
developing property to the South of Walden Av. West of
Harlem Rd. as an industrial park and that there is already a
truck entrance for the Fed Ex Ground terminal off of Walden
Av. There are also entrances to the Industrial Park planned
across from Pine Ridge Rd. and possibly a third entrance.
While "except local delivery" is in the truck route system it does
cause an enforcement nightmare. The public assumes all
trucks are violating the ordinance and constantly complain.
Respectfully,
Lt. Mark E. Nacke
Traffic Unit Supervisor
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 67
P. STOKES -SALE OF CITY OWNED PROPERTY
BEFORE I BEGIN MY BRIEF REMARKS IN SUPPORT OF
MR. THOMPSON'S RESOLUTION, I WOULD LIKE TO
ESPECIALLY THANK HIM FOR HIS LEADERSHIP IN
BRINGING CITY GOVERNMENT BACK TO THE PEOPLE.
BY OPENING THESE CHAMBERS TO JOHN Q. PUBLIC
(OF WHICH I AM A REPRESENTATIVE) I AM STRUCK IN
THIS INSTANCE WITH A RENEWED SENSE OF
ACCESSIBILITY TO CITY GOVERNMENT, SEEMINGLY
LED BY A NEW GENERATION OF INSIGHTFUL PUBLIC
OFFICIALS.
DISTINGUISHED MEMBERS OF THE COMMUNITY
DEVELOPMENT COMMITTEE, AS OWNER OF A
COMMERCIAL PROPERTY THAT HAS BEEN IN MY
FAMILY FOR 43 YEARS, I GREATLY APPRECIATE THE
EXECUTION OF MR. THOMPSON'S RESOLUTION,
INTRODUCED TO CITY COUNCIL ON OCTOBER 29, 2002.
ADDITIONALLY, I OWN AN ADJACENT LOT TO THIS
PROPERTY THAT I PURCHASED THROUGH THE
COUNTY AUCTION THREE YEARS AGO. THIS
ACQUISITION HAS NOT ONLY BEEN PERSONALLY
REWARDING, BUT IT HAS ALSO ENRICHED THE
COMMUNITY THROUGH ITS UPKEEP, BY EXPRESSING
CIVIC AWARENESS AND PRIDE. ADDITIONALLY, THE
CITY IS RELIEVED OF ONE LESS MAINTENANCE
RESPONSIBILITY.
SIMILARLY, I HAVE ATTEMPTED TO ACQUIRE ANOTHER
ADJACENT LOT TO MY PROPERTY (THROUGH IN -REM)
WITH A
PURCHASE PRICE QUOTE AMOUNTING TO TWICE THE
PROCEEDS RECEIVED FROM THE SALE OF THE
A17OREMENTIONED AUTIONED LOT. THIS
TRANSACTION WAS
INITIATED MORE THAN THREE YEARS AGO, WITH ALL
MY
REQUIREMENTS HAVING BEEN SATISFIED. TO DATE,
THE
CITY HAS FAILED TO ADVISE ME (IN WRITING) ON THE
STATUS OF THIS PURCHASE, DESPITE THE FACT THAT
I
HAVE SECURED THE REQUIRED DOWNPAYMENT,
CARRIED THE PROPERTY ON MY RISK INSURANCE
AND DILIGENTLY MAINTAINED AND DEFENDED IT FROM
ENVIRONMENTAL ABUSE.
I ENTHUSIACTIALLY WELCOME THE PASSAGE OF MR.
THOMPSON'S RESOLUTION AS IT IS ENGINEERED TO
ENCOURAGE BOTH INVESTMENT AND GENERATE
REVENUE FOR THE CITY OF BUFFALO - -TWO
VARIABLES WHICH ARE NECESSARY IN CREATING AND
SUSTAINING A POSITIVE ECONOMIC RECOVERY.
ADDITIONALLY, IT COULD ALSO ELIMINATE THE COSTS
AND THREAT OF BUREAUCRATIC OVERPROCESSING
WHICH SEEMS TO BE INDICATIVE OF MY PENDING
PURCHASE.
FINALLY, IF THE CITY OF BUFFALO EQUATES TO THE
SUM OJT ALL RESIDENTS WHO CONTRIBUTE
RESPECTIVELY TO THE GOVERNANCE OF THIS
COMMUNITY, THEN NONE CAN ARGUE AGAINST
INVESTMENT AND REVENUE FOR THE CITY OF
BUFFALO. FURTHER, IF THIS INITATIVE COULD
ADDITIONALLY ENCOURAGE AND RALLY CIVIC
PARTICIPATION ON AN ANNUAL BASIS, WHEREBY THE
OFFICE OF STRATEGIC PLANNING WOULD BE
RESPONSIBLE FOR ESTABLISHING COMPETITIVE FAIR
MARKET VALUES AT AUCTION FOR SALE OF
"NON- FORECLOSURE" CITY PROPERTY THAT HAS NO
INDUSTRIAL, NEIGHBORHOOD OR COMMERCIAL
DEVELOPMENT," THEN NEED WE DEFLECT THIS
MOMENTUM?
BUFFALO, OUR CITY, OUR CHOICE.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 58
A THOMPSON -SUMM OF ARTICLE 15 -A OF EXEC LAW
DIV IF MIN/WOM BUS DEV
October 3 0, 2002
Dear City Clerk: Please file the following correspondence for
the next Council Meeting.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 59
B. YUNKE- LIBERTY TAXI SERVICE INFO TAXI INS IN
BUFFALO
Please file the attached report that was presented to the Taxi
Cab & Livery Ad Hoc Committee at the Meeting held on
Thursday, November by Bill Yunke of Liberty Taxi Service.
Thank you.
REFERRED TO THE TAXICAB AND LIVERY AD HOC
COMMITTEE
PETITIONS
NO. 60
B. RODRIGUEZ, AGENT, USE 468 NIAGARA FOR A TAKE
OUT RESTAURANT. (HRG. 10/22)
REFERRED TO THE COMMITTEE ON LEGISLATION,
DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING
BOARD AND CORPORATION COUNSEL.
NO. 61
D. DOMINO, AGENT, USE 2162 SENECA FOR 64JUST
PIZZA"
SIT -IN RESTAURANT. (HRG. 11/19)
REFERRED TO THE COMMITTEE ON LEGISLATION,
DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING
BOARD AND CORPORATION COUNSEL.
NO. 62
AL KEICHER,AGENT, USE 205 ESSER- GROUND /NVALL
SIGNS
(NAME OF AGENT, OWNER)
(ADDRESS) - (PROJECT)
(PHONE 4828 -9722)
The attached is for Common Council Approval; but per
Permits, no public hearing is required.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
DIRECTOR OF STRATEGIC PLANNING, THE CITY
PLANNING BOARD AND THE CORPORATION COUNSEL
NO. 63
B. MATTA A11ENT, USE 62 VIRIZINIA ST. -POLE SIP — N
(NAME OF AGENT, OWNER)
(ADDRESS) - (PROJECT)
(PHONE #!627 -5905)
The attached is for Common Council Approval; but per
Permits, no public hearing is required.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
DIRECTOR OF STRATEGIC PLANNING, THE CITY
PLANNING BOARD AND THE CORPORATION COUNSEL
NO. 64
ROBERT DOLMAN, AGENT. USE 401 NIA2ARA -POLE
S12N & 2 WALL SIGNS
(NAME OF AGENT, OWNER)
(ADDRESS) - (PROJECT)
(PHONE #883 -3516)
The attached is for Common Council Approval; but per
Permits, no public hearing is required.
MRS LoTempio moved That the petition of Robert Doman,
agent for permission to use 401 Niagara St. for a pole sign and
the wall signs be and hereby is approved.
PASSED
AYES - 13 NOES -0
NO. 65
B. GRANT -J GARNER -& OTHERS REQ -EVAL OF INSTALL
STOP SIGN THATCHER/HUTCHINSON AVE
Please file the following item with the Buffalo Common
Council for the next full council meeting to be held Tuesday,
November 12, 2002.
THATCHER AVENUE CONCERNED CITIZENS
As you suggested, the Thatcher Avenue Concerned Citizens
have gathered petition signatures asking the City to evaluate
the installation of a four -way stop sign at the dangerous
intersection of Thatcher & Hutchinson. Since we last spoke of
this matter, I am told another serious accident has occurred
there.
More than fifty Thatcher residents believe this is an important
issue. The TACC hopes that -the Department of Public Works
will agree.
Thanking you for your continued support, I remain
Sincerely,
Scott W. Gehl Secretary
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE CORPORATION COUNSEL
REGULAR COMMITTEES
CIVIL SERVICE
MARC COPPOLA, CHAIRPERSON
NO. 66
APPOINTMENT
BRIDGE OPERATING ENGINEER (INTER) (PW)
(ITEM NO. 3 1 - C.C.P. OCT. 29, 2002)
That Communication 3 1, Oct. 29, 2002 be received and
filed and the permanent appointment of Daniel H. Maloney
stated above at the intermediate salary of $28,519 effective on
October 21, 2002 is hereby approved.
PASSED
AYES — BONIFACIO, COPPOLA, FISHER, FONTANA,
FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO,
MARTINO, PITTS, THOMPSON - 12 NOES — DAVIS - 1
NO. 67
APPOINTMENT
SUPV. OF BLDG. CONST. (INTER) (PW)
(ITEM NO. 3 2- C.C.P. OCT. 29, 2002)
That Communication 32, Oct. 29, 2002 be received and filed
and the permanent appointment of Patrick Sullivan stated
above at the intermediate salary of $43,134 effective on
October 21, 2002 is hereby approved.
AYES — BONIFACIO, COPPOLA, FISHER, FONTANA,
FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO,
MARTINO, PITTS, THOMPSON - 12 NOES — DAVIS - 1
NO. 68
APPOINTMENT
SUPV. OF WATERWAY & BRIDGE MAINTENANCE (MAX)
(PW)
(ITEM NO. 33- C.C.P. OCT. 29, 2002)
That Communication 33, Oct. 29, 2002 be received and filed
and the permanent appointment of Donald Schieder stated
above at the maximum salary of $39,881 effective on October
21, 2002 is hereby approved.
PASSED
AYES — BONIFACIO, COPPOLA, FISHER, FONTANA,
FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO,
MARTINO, PITTS, THOMPSON - 12 NOES — DAVIS - 1
NO. 69
APPOINTMENT
WATER METER MECHANIC (MAX) (PW)
(ITEM NO. 34- C.C.P. OCT. 29,2002)
That Communication 34, Oct. 29, 2002 be received and filed
and the temporary appointment of Andrew Barth stated above
at the maximum salary of $33,350 effective on October 14,
2002 is hereby approved.
AYES — BONIFACIO, COPPOLA, FISHER, FONTANA,
FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO,
MARTINO, PITTS, THOMPSON - 12 NOES — DAVIS - 1
NO. 70
APPTS. - DETECTIVE (MAX) (POL.)
(CCP #3 7 -OCT. 29, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 71
APPT.- DETECTIVE (CONT. PERM.) (MAX) (POT.)
(CCP #38 -OCT. 29, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 72
APPT.- DETECTIVE (TEMP.) (MAX) (POL.)
(CCP #39 -OCT. 29, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 73
APPT. - POLICE LIEUTENANT (MAX) (POL.)
(CCP#40 -OCT. 29, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 74
APPT.- POLICE LIEUTENANT (CONT. PERM.) (MAX) (POL)
(CCP#41 -OCT. 29,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 75
APPOINTMENTS
POLICE OFFICER (PERM.) (POL.)
(ITEM NO. 42-C.C.P. OCT. 29, 2002)
That Communication 42, Oct. 29, 2002 be received and filed
and the permanent appointments of Margaret Nowadly, John
Messina, Melinda Jones, Douglas Hayden, Deanna Fera and
Shawn Ham'son stated above at the intermediate salary of
$42,486 effective on October 14, 2002 is hereby approved.
PASSED
AYES -13 NOES -0
NO. 76
APPOINTMENTS
POLICE OFFICER (CONT PERM.) (INTER42) (POL.)
(ITEM NO. 43-C.C.P. OCT. 29, 2002)
That Communication 43, Oct. 29, 2002 be received and filed
and the contingent permanent appointments of Michael
Sullivan, Joanne Patterson, Melinda Jones and Jeffery Banes
stated above at the intermediate salary of $39,306 effective on
October 14, 2002 is hereby approved.
PASSED
AYES -13 NOES -0
NO. 77
APPOINTMENTS
POLICE OFFICER (CONT. PERM.) (INTER #3) (POL.)
(ITEM NO. 44-C.C.P. OCT. 29, 2002)
That Communication 44, Oct. 29, 2002 be received and filed
and the contingent permanent appointments of Isaac Johnson
and Judith Bigelow stated above at the 'intermediate salary of
$42,486 effective on October 14, 2002 is hereby approved.
PASSED
AYES -13 NOES -0
NO. 78
APPOINTMENTS
POLICE OFFICER (TEMP.) (POL.)
(ITEM NO. 46-C.C.P. OCT. 29, 2002)
That Communication 45, Oct. 29, 2002 be received and filed
and the temporary appointments of Jason Mayhook, Derrick
Banaszak, Linda McDonald, David O'Brien, Scott Blcsy,
Raymond Krug and Robert Sperduti stated above at the
intermediate salary of $39,306 effective on October 14, 2002 is
hereby approved.
PASSED
AYES -13 NOES -0
NO. 79
NOTICES OF APPTS. -TEMP. /PROV. /PERM. (C. CLK.)
(CCP #61 -OCT. 29,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
AYES - BONIFACIO, COPPOLA, FISHER, FONTANA,
FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO,
MARTINO, PITTS, THOMPSON - 12 NOES - DAVIS - 1
NO. 80
M. MARTINO -D. SCHIEBER- CONCERNS -FIRE LT.
EXAMINATION ( #71, 10/15)
(CCP #103 -OCT. 29, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 81
SALARY ORDINANCE AMENDMENT
14 -ADMINISTRATION & FINANCE
1075 - PARKING VIOLATIONS
(ITEM NO. 13 5, C. C.P., OCT. 2 9, 2002)
That the Salary Ordinance Amendment as contained in Item
No. 135, C. C.P., October 29, 2002, be and the same hereby is
approved.
PASSED
AYES - 13 NOES - 0
Finance
(Betty- Jean Grant, Chairperson)
NO.82
Bond Authorizations "Rescinding"
(Item No. 9, C.C.P., Oct. 1, 2002)
(Item No. 105, C.C.P., Oct. 29, 2002)
Mrs. Grant moved that the above item be
recommitted to the Committee on
Finance.
ADOPTED.
NO. 83
Audited Fin. State. /Other Fin. Info. COB Enter.
Fund -Dunn Tire Pk. (Compt.)
(CCP #19 -Mar. 5,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 84
Audited Fin. State. /Other Fin. Info. COB Enter. Fund -Dunn
Tire Pk. (Compt.)
(CCP #19 -Sept. 3, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 85
Dunn Tire Park Lease (Law)
(CCP452 -Apr. 2, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 86
M. Clifford -Dunn Tire Park Lease
(CCP #64 -Apr. 2, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 87
Dunn Tire Pk. Lease W /Co. of Erie
(CCP# 15 8 -Apr. 2, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 88
Buffalo Bisons Inc. to Take Over Dunn Tire Park
Operations
(Item No. 48, C.C.P., Oct. 29, 2002)
That this Common Council approve the sublease and second
sublease between the City of Buffalo, the County of Erie and
Buffalo, Bisons, Inc. relating to the operation of Dunn Tire Park
for a term expiring in 2008.
Passed.
AYES -13- NOES -0
No. 89
B. Davis -J. Stitts - Concems- Conditions - Johnnie B. Wiley
Sports Pavilion
(CCP #66 -Oct. 15, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 90
Req. for Addl. Info. - Stitts- Concerns -Cond. - Johnnie B.
Wiley Sports Pay. (PW)
(CCP #26 -Oct. 29, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 91
C. Fisher -Q. Myles Sr.- Concerns - Treat. of
Hmeownrs - Fruitbeit Area -57 Peach
(CCP #84 -July 23, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 92
Results of Negotiations - 25 Mariner
(Item No. 9, C.C.P., Oct. 29, 2002)
That the above item be, and the same hereby is returned to the
Common Council without recommendation
Mrs. Grant Moved:
That the offer from Mr. Stephen C. Schroeck and Mr. Brian E.
Wolf of Nickel City Development, LLC, 123 St. James Place, in
the sum of thirty thousand dollars (S'30,000.00) for the
purchase of 25 Mariner, be and is hereby accepted; and
That the appraisal requested by the City of Buffalo shall be paid
by the purchaser; and
That the transfer tax, recording fees and cost of legal
description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the
necessary documents for the transfer of title and that the Mayor
be authorized to execute the same, in accordance with the
terms of sale upon which the offer was submitted.
Passed.
_y /x.IiB1s►161*=01
Legislation
(Richard A. Fontana, Chairman)
no. 93
E. Ghebreab, Petition to Use 976 Kensington Avenue -
Sit -in Restaurant
(Item No. 76, C.C.P., Oct. 15, 2002)
That after the public hearing before the Committee on
Legislation on October 22, 2002, the petition of E. Ghebreab,
owner, for permission to use 976 Kensington Avenue for a
sit -in restaurant be, and hereby is approved with the following
conditions:
I . That the applicant agree not to install an outside telephone or
outside seating;
2. That the applicant post a "no loitering" sign and take all
available
measures to discourage loitering;
3. That the applicant agree to erect a sign directing customers
to the three off - street parking spaces he has promised to
maintain in the driveway at the rear of the building; and
4. That the applicant agrees to pick -up litter around the
perimeter of this property at least once each day.
Passed.
AYES -13- NOES -0
No. 94
Reappointment of Members to the Buffalo Preservation
Board
(Item No. 2, C.C.P., Oct. 29, 2002)
That the appointments of Christopher F. Guerra, 513 Virginia
Street and Arlette Klaric, Ph.D., 312 Parker Avenue as
members of the Buffalo Preservation Board for terms expiring
August 31, 2005 be, and they hereby are approved.
Passed
AYES -13- NOES -0
No. 95
Restaurant Dance Class III - 681 Main Street
(Item No. 50, C.C.P., Oct. 29, 2002)
That pursuant to Chapter 150 of the City Code, the
Commissioner of Permit and Inspection Services be, and he
hereby is authorized to grant a Restaurant Dancing C [ass III
License to Joseph Guagliardo, d /b /a Sphere Entertainment
Complex Inc., located at 681 Main Street.
Passed.
AYES -13- NOES -0
No. 96
Used Car Dealer - 334 Abbott
(Item No. 46, C.C.P., Oct. 15, 2002)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
Mr. Fontana Moved:
That pursuant to Chapter 254 of the City Code, the
Commissioner of Permit and Inspection Services be, and he
hereby is authorized to grant a Used Car Dealer license to
Todd Szuminski d /b /a TJ Auto Inc., located at 334 Abbott
Road.
Passed.
AYES -13- NOES -0
No. 97
Lt. R. Roberts -Fire Prev. -Info. -Used Car
Dealer -334 Abbott Rd.
(CCP #79 -Oct. 29, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 98
Notification Serial #9511, Permissive Parking, etc.
(Item No. 17, C. C.P., Oct. 29, 2002)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
Mr. Fontana Moved: That the above item is hereby received
and filed
ADOPTED
NO. 99
C. Fisher -M. House - Concerns -Kerns Ave
(CCP #69 -Oct. 29, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 100
E. Rodenhaus- Concerns, etc. -26 Villa Avenue
(CCP #73 -Oct. 15, 02)
That the above item be and the same hereby is received and
filed.
/G19101i9:191
NO. 101
E. Rodenhaus- Concerns, etc. -26 Villa Avenue
(Permits /Insp.)
(CCP#49 -Oct. 29, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
Community Development
(Antoine M. Thompson, Chairman)
NO. 102
Michigan Street Preservation Area
Urban Renewal Plan
(CCP# J - 10/15/02)
That the above item be and the same is returned to the
Common Council without recommendation.
RECOMMENDED BY THE COMMITTEE ON COMMUNITY
DEVELOPMENT
A public hearing has been set, before the Common Council, at
this regularly scheduled meeting, on the above item, and a
Notice of same has been published in the Buffalo News, a copy
of which is attached hereto.
On a motion by Mrs. LoTempio, seconded by Mr. Davis the
item is properly before the Common Council, and the hearing is
opened.
CARRIED.
Appearances — Pat Marren, Strategic Planning, William
Dorsey, Colored Musicians Club Mr. Hakins, Resident
Mrs. LoTempio now moved that the hearing be closed.
Seconded by Mr. Davis
PASSED
AYES -13- NOES -0
No. 103
Michigan Street Preservation Area Urban Renewal Plan
(Item No. 156, C.C.P., Oct. 15, 2002)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
Mr. Thompson Moved:
That the "Michigan Street Preservation Area Urban Renewal
Plan ", as prepared by the Office of Strategic Planning, and as
approved by the City Planing Board and the Buffalo Urban
Renewal Agency, be and the same is hereby approved; and
That the Urban Renewal Plan Project Area is substandard and
tends to impair or arrest the sound growth and development of
the municipality; and
That the Plan as herein approved has been duly reviewed and
conforms to the comprehensive plan for the development of the
municipality and the community as a whole; and
That the Plan affords maximum opportunity to private
enterprise, consistent with the sound needs of the municipality
as a whole, for the undertaking of an urban renewal program;
and
That the Mayor is hereby authorized to execute any and all
deeds or other documents necessary to acquire and convey
lands in the Urban Renewal Area to the City of 'Buffalo or the
Buffalo Urban Renewal Agency, upon the approval of said
deeds or other documents by the Corporation Counsel; and
That the City of Buffalo and the Buffalo Urban Renewal Agency
are hereby authorized to acquire by gift, grant, purchase,
devise, condemnation, eminent domain or otherwise the
property located within the Project Area, as defined said Plan,
in furtherance of the Urban Renewal Plan.
Passed.
AYES -13- NOES -0
No. 104
Michigan Street Preservation Area Urban Renewal Plan
(CP)
(Item No. 3, C.C.P., Oct. 15, 2002)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
Mr. Thompson Moved:
That the members of the City Planning Board, do hereby report
to the Common Council and certify our unqualified approval of
the Michigan Street Preservation Area Urban Renewal Plan,
and they hereby recommend that the plan be approved and
adopted by your Honorable Body; and
That the Common Council be informed that pursuant to
Subdivisions 2 and 3 of Section 15, Article 15 of the General
Municipal Law, that the office preparing an Urban Renewal
Plan must submit the proposed plan to the City Planning Board
for a recommendation to be submitted to the Common Council,
after which the Council is to hold a public hearing on the
subject, not earlier than four (4) weeks after the Planning Board
recommendation.
Passed.
AYES -13- NOES -0
No. 105
B. Davis -R. Luciano - Concems -251 West Ave.
(CCP #99 -Sept. 3, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
Education
(Charley H. Fisher III, Chairman)
NO. 106
J Booth - Wellness Inst. -'Walk Our Children to School Day
Comm. Health & Ev. Impr. Campaign"
(CCP #63 -Oct, 15, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 107
Info. - Ciminelli Const. Co. (Bd. Ed.)
(CCP #54 -Oct. 29, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
Special Committees
TAXICABS /LIVERY AD HOC COMMITTEE
(Beverly A. Gray, Chairperson)
NO. 108
V. Rosati, Req. Raise on Taxi Meter Rates Due to Rising
Gas /Ins. Costs
(CCP #102 -May 1, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 109
V. Rosati, Req. Incr. In Meter Rates
(CCP #74 -Oct. 16, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
BUDGET COMMITTEE
(Rosemarie LoTempio, Chairperson)
NO. 110
Capital Budget 2003 Recommendations & 5 - Year Plan
(Item No. 3, C.C.P., Oct. 29, 2002)
Mrs. LoTempio moved that the above item be recommitted to
the Committee on Budget
ADOPTED
No. 111
Mayor Fiscal Reform Plan (#2,12/20)
(CCP #152 -Dec. 26, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 112
Proposed Policy Draft Changes (CP)
(CCP #20 -Jan. 8, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 113
Draft -Cash Mgmt. Approach to Ensure Fin. Integrity
(Compt.)
(CCP #25 -Nov. 13, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 114
T. Hyland- Draft -Cash Mgmt. Approach to Ensure Fin.
Integrity
(CCP#44 -Dec. 11, 0 1)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 115
C. Durand -State Budget Of. -Info. - Acceler. State Aid
Pymts. -COB (CP)
(CCP #25 -June 25, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 116
Comprehensive Ann. Financial Rpt. For FY Ended 6/30/01
(Compt.)
(CCP #26 -July 9, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 117
Updated Review of Cash Flow- 7/1/01- 2/28/02 (Compt.)
(CCP #26 -Apr. 2,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 118
Updated Cash Flows w /Actuals Through 5/1/02- City /BOE
(Compt.)
(CCP# 15 -June 11, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 119
Updated Cash Flows w /Actuals- 3/1/02- City /Bd. Ed.
(Compt.)
(CCP #2 I -Apr. 16, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 120
2002 -03 Cash Flow for Upcoming $76M RAN Issuance
(Compt.)
(CCP #18 -June 25, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 121
Capital Debt Svc. Deposits- 2002/03 Fiscal Year (Compt.)
(CCP #20 -June 25, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 122
Correspondence on Cash Flow for City & Bd, of Ed.
(Compt.)
(CCP #21 -June 25, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 123
Gen. Fund Gap Sheet -First Quarter 2001 -02 (A &F)
(CCP#43 -Nov. 27, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 124
Gen. Fund Gap Sheet - Second Quarter 2001 -02 (A &F)
(CCP#44 -Feb. 19, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 125
Gen. Fund Gap Sheet - Second Quarter 2001 -02 (Compt.)
(CCP #24 -Mar. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 126
Gen. Fund Gap Sheet -Third Quarter 2001 -02 (A &F)
(CCP#47 -June 11, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 127
Gen. Fund Gap Sheet- Third.Quarter 2002 (Compt.)
(CCP #22 -June 25, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 128
Var. Items Rel. to COB Financial Crisis -Bd. of Ed.
(CCP #5 -Nov. 2,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 129
A. Hynes Documentations on Quint- Midis /Quint Fire
Apparatus
(CCP #85 -Jan. 22, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 130
A. Hynes -Addl. Info. - Quint -Midis
(CCP #62 -Feb. 19, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 131
Quint -Midi (Fire)
(CCP#44 -Mar. 5,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 132
A. Thompson -Quint Midis System
(CCP #90 -Mar. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 133
Closing Ladder I I
(CCP #133 -Feb. 19,02)
That the above item be and the same hereby is received and
filed,
ADOPTED
No. 134
M. Overdorf- Valley Comm. Assn.- Oppose Close of Fire
Co.- Seneca /Emslie &/or Ganson
(CCP #93 -Apr. 30, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 135
B. DAVIS -VOICE BFLO. CORE TEAM -OPP. CLOSING OF
FIRE HOUSES
(CCP #80 -JUNE 11, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 136
REQUEST FOR RESPONSE TIME STUDIES (FIRE)
(CCP #36 -OCT. 1, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 137
PUB. HRG. ON MAINTAINING ADQ. POL. PROTECTION IN
COB
(CCP #188 -JUNE 25, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 138
COB BRIEF SUMM.- 1989 -2001 RECORDS MGMT.
( #74,10/30) (C. CLK.)
(CCP #I 15 -NOV. 27, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 139
SUMMARY OF INFORMATION ON GARBAGE
COLLECTION PRIVATIZATION & RELATED ISSUES ON
CONSOLIDATION (CP)
(CCP #22 -JAN. 22, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 140
W. MCGUIRE -INFO. - PRIVATIZATION OF TRASH
COLLECTION
(CCP #91 -MAR. 19,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 141
W. MCGUIRE - AFSCME LOC.
#264- INFO.- PRIVATIZATION -SAN. DEPT. (CP)
(CCP# 18 -FEB. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 142
W. MCGUIRE, ETC. AFSCME COUNCIL 35 -EST. A.
LABOR. MGMT. COMM.
(CCP #8 I -APR. 2,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 143
W. TRAVIS - AFSCME LOC. #264- CONCERNS - BROADWAY
GARAGE
(CCP #88 -APR. 16,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 144
R. COLES- CONCERNS -N, JEFFERSON LIBRARY ( #28,
9/18) (CP)
(CCP #115 -OCT. 16,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 145
R. COLES- CONCERNS -N. JEFFERSON LIBRARY (#46,
10/2) (PW)
(CCP #I 16 -OCT. 16,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 146
BROTHER R. BIMONTE -EST OF SCHOOL ZONE AROUND
SCHOOLS
(CCP #70 -JAN. 22, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 147
CITY OF BUFFALO PARK FEES
(CCP# 143 -APR. 2,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 148
COB PARK FEES (A &F) (CCP#44 -APR. 16,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 149
D. CHEMOFF -BFLO PLACE -ON STREET PKG.
PLAN /CITY BUDGET
(CCP #52 -MAY 28,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 150
LIVING WAGE ORDINANCE (LAW)
(CCP#42 -JUNE 11, 2002)
That the above item be and the same hereby is received and
filed.
ADOPTED
RESOLUTIONS
NO. 151
BY: MR. COPPOLA
SALARY ORDINANCE AMENDMENT
14- ADMINISTRATION & FINANCE
1012 - TOWING & STORAGE
1113 - PARKING ENFORCEMENT
The Common Council of the City Of Buffalo does ordain as
follows:
That part of Section I of Chapter 35 of the Code of the City of
Buffalo, relating to 14 - Department of Administration and
Finance, 1012 - Towing & Storage and 1113- Parking
Enforcement which currently reads:
1012 - TOWING & STORAGE
Laborer 11 $ 24,420 - $ 27,833
1113 - PARKING ENFORCEMENT
1 Parking Enforcement Supervisor$ 32,530 - $ 37,606
5 Parking Meter Mechanic$ 26,458 - $ 29,604
3 Laborer 11$24,420 - $ 27,833
Is hereby amended to read:
10 12 - TOWING & STORAGE
1 Junior Traffic Clerk$ 23,950 - $ 26,506
3 Laborer 11$ 24,420 - $ 27,833
1113 - PARKING ENFORCEMENT
4 Parking Meter Mechanic $ 26,458 - $ 29,604
2 Laborer 11 $ 24,420 - $ 27,833
EVA M. HASSETT, COMMISSIONER OF
ADMINISTRATION AND FINANCE AND JAMES B. MILROY,
DIRECTOR OF BUDGET, hereby certify that the above
change is necessary for the proper conduct, administration and
performance of essential services of that department. We
recommend that the compensation for said position be fixed at
the respective amount set forth in the foregoing ordinance.
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.
EVA M. HASSETT
COMMISSIONER OF
ADMINISTRATION & FINANCE
APPROVED AS TO FORM
Corporation Counsel 10/28/02
JAMES B. MILROY, PHD
DIRECTOR OF BUDGET
PASSED
AYES — BONIFACIO, COPPOLA, DAVIS, FISHER,
FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY,
LOTEMPIO, MARTINO, THOMPSON - 12 NOES — PITTS -
1
NO. 152
BY: MR. FONTANA
ORDINANCE AMENDMENT
CHAPTER 307 - PARKING AND PARKING LOTS
The Common Council of the City of Buffalo does hereby ordain
as follows:
That Chapter 307 of the Code of the City of Buffalo be
amended to read as follows:
Article V In- Vehicle Parking System
Section 307 -53 Definitions.
In- vehicle parking system (IVPS). In- vehicle parking system
refers collectively to the electronic component, the electronic
debit card that is inserted into the electronic component to
activate it, and the windshield sticker that must be displayed on
the vehicle. All components of the IVPS are non - transferable
and must be activated, installed displayed, or otherwise
operated in the manner set forth in this article in order for use
of the IVPS to be valid.
Electronic component. The electronic component of an IPS is a
small portable electronic module slightly larger than a pocket
calculator that is designed to be placed on top of a vehicle's
dashboard behind the windshield, capable of reading and
writing to and from ail electronic debit card, and incorporating
an electronic display on which information can be seen readily.
Unless otherwise required by law, only one electronic
component will be issued to the registered owner of the
vehicle(s) in which the IVPS is to be used. Each electronic
component shall be numerically keyed to the electronic debit
card and all windshield stickers of the IVPS to which it is
issued.
Electronic debit card. A card, whether or not prepaid, capable
of being programmed to allow a user to activate an IVPS for a
particular purpose when read by the electronic component.
Each electronic debit card shall be numerically keyed to the
electronic component of the IVPS to which it is issued. ,
Windshield sticker(s). Windshield stickers must be displayed
on the right side of the windshield in each vehicle in order for
an IVPS to be valid. Each windshield sticker shall be
numerically keyed to the electronic component of the IVPS to
which it is issued. Unless otherwise required by law, at the
request of the registered owner of the vehicle(s) in which the
IVPS will be used, a maximum of ten (10) windshield stickers
will be issued to such person.
Section 307 -54 Use of in- vehicle parking
systems.
In vehicle parking systems may only be used to park in a space
regulated by a parking meter. The electronic component must
be displayed in an unobstructed manner in order to be visible to
duly authorized parking enforcement personnel.
Section 307 -55 Issuance of in- vehicle parking
systems.
A. IVPS applications shall be issued by the
Parking Violations Bureau, and may be submitted by mail or in
person, including the following information about the applicant,
in addition to any other information required on the application.
1 . Name.
2. Home (or mailing) address.
3. Evening telephone number.
4. Daytime telephone number
5. Copy of valid driver's license.
6. Copy of valid vehicle registration for each vehicle (to a
maximum of ten [10]) in which the IVPS will be used.
B. In addition to prepaid electronic debit cards, as described
below, applicants shall receive:
1. One electronic component.
2. One windshield sticker for each vehicle for which a valid
registration is shown.
C. Electronic debit cards shall be sold by the Parking Violations
Bureau, by mail or in person, in various denominations and
must be prepaid by cash, certified check or money order of the
value of the electronic debit card(s) sought to be purchased.
D. IVPSs and electronic debit cards shall be mailed to
applicants via certified mail provided, however, than an
applicant may request that they be picked up by the applicant at
the Parking Violations Bureau upon presentation by the
applicant of his or her valid driver's license.
Section 307 -56 Fees.
There shall be a deposit fee of sixty -five dollars ($65) payable
by cash, certified check or money order, for each IVPS, sixty
dollars ($60) of such fee shall be refunded when the IVPS is
returned to the Parking Violations Bureau. Destruction of,
damage to, loss or theft of the electronic component of the
IVPS shall result in the automatic forfeiture of the deposit fee.
Section 307 -57 On- street and off - street
metered zones.
A. Activation of in- vehicle parking system. No person shall park
a vehicle whether attended or not, in any parking space
regulated by a parking meter that indicates by signal that the
lawful parking time in such space has expired without
properly activating an IVPS. The registration numbers of the
electronic component, the electronic debit card, and all related
windshield stickers comprising an IVPS must match in order
for such system to be considered properly activated. This
provision shall not apply to the act of parking or the time
necessary to activate an IVPS immediately.
B. Expired meters or in- vehicle parking systems. No person
shall allow a vehicle within his
or her control to be parked in any such parking meter space
during the restricted and regulated time applicable to the
parking meter zone in which such meter is located while a
properly activated IVPS shows that the lawful parking time in
such space has expired. This provision
shall not apply to the act of parking or the time necessary to
activate an IVPS. When an IVPS is used, such system shall be
the only valid indicator of whether lawful parking time in a space
is available or has expired, because the meter in all such cases
will indicate that the time has expired.
Section 307 -58 Time allowed at parking
meters; reactivation of in- vehicle parking systems prohibited.
A. No person shall park a vehicle in a parking meter space for
more than one time period lawfully permitted in that parking
meter zone.
B. No person shall activate an IVPS for a time period longer
than one time period lawfully permitted in that parking meter
zone, nor shall any person activate or reactivate an IVPS for
purpose of extending such time. Where a person uses less
time than the time activated on an
IVPS, the cost of the time not actually used shall be credited
back to the electronic debit card when such card is next used
to activate the electronic component of the JVPS.
APPROVED AS TO FORM
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 153
BY: MR. FONTANA
REQUEST TO RENAME KEATING STREET
Whereas: Since 1958, 1445 Seneca Street has been home
to Len -Co Lumber - founded by James P. Coppola, Sr.; and
Whereas: Len -Co Lumber quickly grew to be the largest,
locally owned retail lumber and building supply store in all of
Western New York and is a vital part of the City of Buffalo's
Business Community; and
Whereas: On September 25, 2002, Len -Co Lumber lost its
founder, James P. Coppola, Sr., and in honor of Mr. Coppola, it
has been suggested that Keating Street be renamed "James P.
Coppola, Sr. Blvd "; and
Whereas: The portion of Keating Street effected by the
proposed name change runs between Seneca Street and Elk
Street and runs along Len -Co Lumber's store and loading area.
There are no businesses or residential homes that would be
effected by the street name change;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo requests that
this resolution be forwarded to the Department of Public
Works, the Buffalo Fire Department, the Buffalo Police
Department, the United States Postal Service, and the
Corporation Counsel for their review of this proposal and
requests that they file their comments and /or recommendations
to the feasibility of the above proposed street name change with
this Common Council; and
Now, Therefore, Be It Further Resolved:
That this Honorable Body requests responses to this resolution
be filed with the City Clerk, 1308 City Hall, no later than
2:OOpm, on Thursday, November 21, 2002;and
Now, Therefore, Be It Finally Resolved:
That the Common Council of the City of Buffalo requests that
the City Clerk, upon approval of this resolution, forward certified
copies of this resolution to the United States Postal Service.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
COMMISSIONER OF PUBLIC WORKS, THE
COMMISSIONER OF POLICE, THE COMMISSIONER OF
FIRE AND THE UNITED STATES POSTAL SERVICE
NO. 154
BY: MS. GRANT:
BOND RESOLUTION
MONUMENT RESTORATION /URBAN
BEAUTIFICATION
ACCOUNT 3100
Bond Resolution of the City of Buffalo, New York„
authorizing the issuance of $250,000 General Improvement
Bonds of said City to finance the cost of Urban Beautification
improvements in the City, at the estimated total cost of
$250,000.
The Common Council of the City of Buffalo, in the County of
Erie, New York, hereby resolves (by the favorable vote of not
less than two - thirds of all the members of said Common
Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County
of Erie, New York, is hereby authorized and directed to issue
General Improvement Bonds of said City in the principal
amount of Two Hundred Fifty Thousand Dollars ($250,000),
pursuant to the provisions of the Charter of said City and the
Local Finance Law, constituting Chapter 33 -a of the
Consolidated Laws of the State of New York (the "Law "), to
finance the cost of Urban Beautification improvements,
including restoration of monuments, public art, and public
spaces located in the City. The estimated total cost of said
classes of objects or purposes for which the bonds authorized
by this resolution are to be issued, including preliminary costs
and costs incidental thereto and the financing thereof, is
$250,000 as set forth in the duly adopted 2002 Capital
Improvements Budget of said City, as amended..
Section 2. The proceeds of the sale of the bonds authorized by
this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds shall be deposited in the
Capital Projects Fund to the credit of the Department of Public
Works, Division of Engineering, "Monument Restoration Urban
Beautification 2002, Bond Authorization Account No. 3 100,
and shall be used for the class of objects or purposes specified
in Section I of this resolution
Section 3. The City intends to finance, on an interim basis, the
costs or a portion of the costs of said improvements for which
bonds are herein authorized, which costs are reasonably
expected to be incurred by the City, pursuant to this Bond
Resolution, in the maximum amount of $250,000. This
Resolution is a declaration of Official Intent adopted pursuant
to the requirements of Treasury Regulation Section 1. 150 -2.
Section 4. -Me following additional matters are hereby
determined and stated:
(a) The period of probable usefulness applicable to the classes
of objects or purposes for which the bonds authorized by this
resolution are to be issued within the limitations of Section
11.00 a. 89 of the Law, is five (5) years.
(b) Current funds are not required by the Law to be provided as
a down payment prior to the issuance of the bonds authorized
by this resolution or any bond anticipation notes issued in
anticipation thereof in accordance with Section 107.00 d. 9. of
the Law.
Section 5. Each of the bonds authorized by this resolution and
any bond anticipation notes issued in anticipation of the sale of
said bonds and the renewals of said notes shall contain the
recital of validity prescribed by Section 52.00 of the Local
Finance Law. Said bonds and said notes shall be general
obligations of the City of Buffalo payable as to both principal
and interest by a general tax upon all the taxable real property
within said City without limitation as to rate or amount. The faith
and credit of said City are hereby irrevocably pledged for the
punctual payment of the principal of and interest on said bonds
and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for
the amounts required for the amortization and redemption of
said bonds and said notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in anticipation
of the sale of said bonds may be contested only if-
(a) Such obligations are authorized for an object or purpose for
which the City of Buffalo is not authorized to expend money, or
(b) The provisions of law which should be complied with at the
date of the publication of this resolution are not substantially
complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the
provisions of the constitution.
Introduced: 11/12/02
REFERRED TO THE COMMITTEE ON FINANCE
NO. 155
BY: MS. GRANT:
BOND RESOLUTION
CITYWIDE PARKS /PLAYGROUNDS IMPROVEMENTS
ACCOUNT 3100
Bond Resolution of the City of Buffalo, New York„
authorizing the issuance of $2,500,000 General Improvement
Bonds of said City to finance the cost of improvements to
various City Parks and Playgrounds at the estimated total cost
of $2,500,000.
The Common Council of the City of Buffalo, in the County of
Erie, New York, hereby resolves (by the favorable vote of not
less than two - thirds of all the members of said Common
Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County
of Erie, New York, is hereby authorized and directed to issue
General Improvement Bonds of said City in the principal
amount of Two Million Five Hundred Thousand Dollars
($2,500,000), pursuant to the provisions of the Charter of said
City and the Local Finance Law, constituting Chapter 33 -a of
the Consolidated Laws of the State of New York (the "Law "), to
finance the cost of improvements to various City Parks and
Playgrounds. The estimated total cost of said class of objects
or purposes for which the bonds authorized by this resolution
are to be issued, including preliminary costs and costs
incidental thereto and the financing thereof, is $2,500,000 as
set forth in the duly adopted 2002 Capital Improvements
Budget of said City, as amended.
Section 2. The proceeds of the sale of the bonds authorized by
this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds shall be deposited in the
Capital Projects Fund to the credit of the Department of Public
Works, Division of Engineering, "Citywide Parks /Playgrounds
Improvements 2002, Bond Authorization Account No. 3100,
and shall be used for the class of objects or purposes specified
in Section I of this resolution.
Section 3. The City intends to finance, on an interim basis, the
costs or a portion of the costs of said improvements for which
bonds are herein authorized, which costs are reasonably
expected to be incurred by the City, pursuant to this Bond
Resolution, in the maximum amount of $2,500,000. This
Resolution is a declaration of Official Intent adopted pursuant
to the requirements of Treasury Regulation Section 1. 150 -2.
Section 4. The following additional matters are hereby
determined and stated:
(a) The period of probable usefulness applicable to the class of
objects or purposes for which the bonds authorized by this
resolution are to be issued within the limitations of Section
11.00 a. 19(c) of the Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as
a down payment prior to the issuance of the bonds authorized
by this resolution or any bond anticipation notes issued in
anticipation thereof in accordance with Section 107.00 d. 9.of
the Law.
Section 5. Each of the bonds authorized by this resolution and
any bond anticipation notes issued in anticipation of the sale of
said bonds and the renewals of said notes shall contain the
recital of validity prescribed by Section 52 -00 of the Local
Finance Law. Said bonds and said notes shall be general
obligations of the City of Buffalo payable as to both principal
and interest by a general tax upon all the taxable real property
within said City without limitation as to rate or amount. The faith
and credit of said City are hereby irrevocably pledged for the
punctual payment of the principal of and interest on said bonds
and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for
the amounts required for the amortization and redemption of
said bonds and said notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in anticipation
of the sale of said bonds may be contested only if.
(a) Such obligations are authorized for an object or
purpose for which the City of Buffalo is not authorized to
expend money, or
(b) The provisions of law which should be complied with
at the date of the publication of this resolution are not
substantially complied with, and an action, suit or proceeding
contesting such validity, is commenced within twenty days after
the date of such publication,
or
(C) Such obligations are authorized in violation of the
provisions of the constitution.
Introduced: 11/12/02
REFERRED TO THE COMMITTEE ON FINANCE
NO. 156
BY: MS. GRANT:
BOND RESOLUTION
INFRASTRUCTURE IMPROVEMENTS CITYWIDE
ACCOUNT 3100
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $3,000,000
General Improvement Bonds of said City to finance the cost of
infrastructure improvements and other related repairs and
improvements in the City Right -of -Way, at the estimated total
cost of $3,000,000.
The Common Council of the City of Buffalo, in the County of
Erie, New York, hereby resolves (by the favorable vote of not
less than two - thirds of all the members of said Common
Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County
of Erie, New York, is hereby authorized and directed to issue
General Improvement Bonds of said City in the principal
amount of Three Million Dollars ($3,000,000), pursuant to the
provisions of the Charter of said City and the Local Finance
Law, constituting Chapter 33 -a of the Consolidated Laws of the
State of New York (the "Law "), to finance the cost of
infrastructure improvements including pavement
milling /resurfacing, handicap ramps, curb replacement,
sidewalk replacement, traffic signals, street lighting, bridge
repairs, pavement markings and other related repairs and
improvements in the City Right -of -Way. The estimated total
cost of said classes of objects or purposes for which the bonds
authorized by this resolution are to be issued, including
preliminary costs and costs incidental thereto and the financing
thereof, is $3,000,000 as set forth in the duly adopted 2002
Capital Improvements Budget of said City, as amended..
Section 2. The proceeds of the sale of the bonds authorized by
this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds shall be deposited in the
Capital Projects Fund to the credit of the Department of Public
Works, Division of Engineering, "Infrastructure Improvements
Citywide 2002, Bond Authorization Account No. 3 100, and
shall be used for the classes of objects or purposes specified
in Section I of this resolution.
Section 3. The City intends to finance, on an interim basis, the
costs or a portion of the costs of said improvements for which
bonds are herein authorized, which costs are reasonably
expected to be incurred by the City, pursuant to this Bond
Resolution, in the maximum amount of $3,000,000. This
Resolution is a declaration of Official Intent adopted pursuant
to the requirements of Treasury Regulation Section 1. 150 -2.
Section 4. The following additional matters are hereby
determined and stated:
(a) The period of probable usefulness applicable to the classes
of objects or purposes for which the bonds authorized by this
resolution are to be issued within the limitations of Section
11.00 a. 91. of the Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as
a down payment prior to the issuance of the bonds authorized
by this resolution or any bond anticipation notes issued in
anticipation thereof in accordance with Section 107.00 d. 9. of
the Law.
Section 5. Each of the bonds authorized by this resolution and
any bond anticipation notes issued in anticipation of the sale of
said bonds and -the renewals of said notes shall contain the
recital of validity prescribed by Section 52.00 of the Local
Finance Law. Said bonds and said notes shall be general
obligations of the City of Buffalo payable as to both principal
and interest by a general tax upon all the taxable real property
within said City without limitation as to rate or amount. The faith
and credit of said City are hereby irrevocably pledged for the
punctual payment of the principal of and interest on said bonds
and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for
the amounts required for the amortization and redemption of
said bonds and said notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in anticipation
of the sale of said bonds may be contested only if:
(a) Such obligations are authorized for an object or
purpose for which the City of Buffalo is not authorized to
expend money, or
(b) The provisions of law which should be complied with
at the date of the publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such
publication,
or
(c) Such obligations are authorized in violation of the
provisions of the constitution.
Introduced: 11/12/02
REFERRED TO THE COMMITTEE ON FINANCE
NO. 157
BY: MS. GRANT
DISCHARGE FINANCE COMMITTEE
ITEM #107 C.C.P. OCT. 15, 2002
"BIDS- ROOSEVELT PK. SHELTER HSE. IMPR. -GEN.
CONST. (PW) ( #87,
10/1)( #107, 9/17)( #37, 9/3)"
Whereas: The above item is currently in the Finance
Committee; and
Whereas: It is no longer necessary for this item to be
considered by that committee;
Now, Therefore Be it Resolved:
That this Common Council does hereby discharge the Finance
Committee from further consideration of Item 107, C.C.P. Oct.
15, 2001, "Bids Roosevelt Pk. Shelter Hse. Impr. -Gen. Const.
(PW) ( #87, 10/1)( #107, 9/17)( #37, 9/3)" and said item is now
before the Common Council for its consideration.
Seconded by: Mr. Davis
ADOPT DISCHARGE
Mrs. LoTempio moved:
That the Commissioner of Public Works, Parks and Streets,
be, and he hereby is authorized to award a contract for the
construction of Roosevelt Park Shelter House Improvements -
General Construction, to Clover Bank Construction, Inc., the
lowest responsible bidder, in the amount of $56, 540.00. Funds
for the project are available in MUNIS Account No. 36400706.
PASSED
AYES -13 NOES -0
NO. 158
BY: MRS. GRANT
50% REDUCTION OF FEMALES SERVING ON THE
BUFFALO COMMON COUNCIL.
WHEREAS: In year 2000, The Buffalo Council had a Total of
six females serving on The Common Council, the highest
number in history; and
WHEREAS: By 2002, the six female councilmembers had
been reduced to four, a loss of two members; one who chose
not to seek reelection and another who was defeated in her
re- election bid; and
WHEREAS: The voting female population of the city exceeds
60 %, many of whom are head of households and single wage
earners
WHEREAS: The current plan to reduce the council will result
in the loss of two female members of the council which will
equate female representation on the council to 25 %, a number
that clearly documents under representation of women on the
Buffalo Common Council.
NOW, THEREFORE BE IT RESOLVED THAT: This
honorable body fully consider the serious and negative
repercussion the council downsizing will have if it eliminates
50% of the females that currently serve in the legislative branch
of city government.
BettyJe4nGrant 10/29/02
REFERRED TO THE SPECIAL COMMITTEE ON
REAPPORTIONMENT.
AYES — BONIFACIO, DAVIS, FONTANA, FRANCZYK,
GRANT, GRAY, PITTS THOMPSON — 9 NOES —
COPPOLA, GOLOMBEK, LOTEMPIO, MARTINO - 4
NO. 159
BY MR. THOMPSON
FELICITATIONS /IN MEMORIAM
Attached hereto are Felicitation and In Memoriam
Resolutions sponsored by Members of the Common Council as
indicated:
Felicitation for Juanita Hunter
By Councilmember Pitts, Michaux
Felicitation for Mrs. Sanders
By Councilmember Thompson
Felicitation for Shiloh Baptist Church
By Councilmember Pitts, Michaux
Felicitation for Einora Brown Grace
By Councilmember Pitts, Michaux
Felicitation for Cecelia B. Henderson
By Councilmember Pitts, Michaux
In Memoriam for
ADOPTED.
NO. 160
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held
in the Common Council Chambers, 13 1 h floor City Hall,
Buffalo, New York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, November 19, 2002 at
9:30 o'clock A.M.
Committee on Finance Tuesday, November 19, 2002 at 10:00
o'clock A.M. following Civil Service
Committee on Legislation Tuesday, November 19, 2002 at 2:00
o'clock P.M.
Committee on Comm, Dev. Wednesday, November 20, 2002 at
10: 00 o'clock A.M.
Committee on Education Wednesday, November 20, 2002 at
2:00 o'clock P.M.
Special Committees
Reapportionment Thursday, November 14, 2002 at 1:00 o'clock
P.M. in Council Chambers.
Bi- National Bridge Thursday, November 14, 2002 at 2:00
o'clock
P.M. in Room 1417 City Hall.
MBEC Monday, November 18, 2002 at 10:00 o'clock A.M.
in Room 1417 City Hall.
Budget Wednesday, November 20, 2002 at 8:30 o'clock
A.M. in Room 1417 City Hall.
Taxicabs /Liveries Thursday, November 21, 2002 at 11:00
o'clock
A.M. in Room 1417 City Hall.
Waterways Subcommittee Thursday, November 21, 2002 at
5:00 o'clock P.M. at the Chief Petty Officers Club at the foot of
Porter Avenue.
(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
Chain -nen, we can only make notification of what we are made
aware.
NO. 161
ADJOURNMENT
On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the
Council adjourned at 3:32 pm
CHARLES L. MICHAUX, III
CITY CLERK