HomeMy WebLinkAbout02-1001No.18
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
October 1, 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 GOLOMBEKJR. - 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
E" jxd /e1SfieLhhhl11 i94 *�
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 PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, OCTOBER 1, 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. LoTempio, seconded by
Mr.Fontana, the minutes of the stated meeting held on
September 17, 2002 were approved.
FROM THE MAYOR
NO. 1
APPOINTMENT AND RE- APPOINTMENT OF MEMBERS
TO THE EMERGENCY MEDICAL SERVICES BOARD
Pursuant to the powers vested in me in Chapter 6 of
the Code of the City of Buffalo, I hereby appoint and re- appoint
the following members to the Emergency Medical Services
Board:
APPOINTMENT:
John W. Sniderhan 158 Cushing Street Buffalo, 14220
Mr. Sniderhan was appointed the Disaster Coordinator for the
City of Buffalo in October of 1996. He has been employed with
the Buffalo Fire Department since 1967 and has served as
Deputy Commissioner, as well as an Officer for both EMS and
Hazardous Materials.
Mr. Sniderhan's term will commence immediately and expire
June 30, 2005
Re- Appointment:
Joseph R. Takats, D.O. 64 Cleveland Avenue Buffalo, 14222
Dr. Takats' term will commence immediately and expire June
30, 2005.
Judith A. Shanley, Esq. 32 Summit Avenue Buffalo, 14214
Ms. Shanley's term will commence immediately and expire
June 30, 2005.
1 hereby certify that the above named individuals are fully
qualified to serve as members of the Emergency Medical
Services Board.
RECEIVED AND FILED.
NO. 2
VETO MESSAGE -LOCAL LAW NO. 10
In regard to Item No. 156, C.C.P., September 17,
2002, 1 hereby exercise my authority to veto the action taken by
the Common Council to amend the City Charter as it relates to
describing the legal boundaries of the City's nine Council
districts.
I take this action because it has come to my
attention that the legal description contained in Local Law No.
10 is not accurate and does not reflect the map that has been
filed with the Board of Elections. It is important that the City's
reapportionment effort continue without interruption. Any
confusion over the legal description could hinder the process
and my veto can avoid any disruption. A new legal description
can still be enacted by the Council and it will be timely in
accordance with state law.
A new legal description has been filed with the
Council. It has been carefully reviewed and it contains an
accurate description of the City's new Council districts. Upon
the Council's passage of that local law, I will then sign the
legislation that is presented to me.
For the reasons stated above, I must return this item without
my approval.
Mrs. LoTempio made a motion to sustain the veto of the Mayor
Seconded by Mr. Fontana.
SUSTAINED
AYES- BONIFACIO, COPPOLA, FONTANA, FRANCZYK,
GOLOMBEK, LOTEMPIO, MARTINO -7.
NOES- DAVIS, FISHER, GRANT, GRAY, PITTS,
THOMPSON -6.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
NO. 3
W. & G. WONG
3329 BAILEY AVE.
AUTO REPAIR
ITEM NO. 84, C.C.P. 6/25/2002
The City Planning Board at its regular meeting held
Tuesday, September 24, 2002, considered the matter
captioned above pursuant to Section 511 -65 of the Buffalo
Code, Kensington Bailey Business District.
The applicant seeks to convert and use the rear
portion of a former wholesale auto sales office into an auto
repair garage located at 3329 Bailey Avenue. Under SEQR the
proposed auto repair shop is considered and unlisted action
which may be studied through uncoordinated review.
The Planning Board voted to approve the proposed
auto repair shop with the following conditions:
1. Maximum number of vehicles for repair is limited to
five;
2. Cars are to be repaired entirely within the building;
3. Approval from the fire department regarding
ventilation adequacy;
4. Vehicle repair shop must be approved and licensed
by New York State;
5. Only vehicles that have license plates are allowed on
the premises;
6. Only one auto repair business is allowed in the
building complex;
7. No auto body repair or vehicle painting is allowed on
the site;
8. Outside parking area is to be paved and landscaped
during the spring of 2003.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO.4
R.SASLA
253 ALLEN ST.
SIT -IN RESTAURANT & SIDEWALK CAFE
ITEM NO. 60, C.C.P. 9/17/2002
The City Planning Board at its regular meeting held
Tuesday, September 10, 2002, considered the matter
captioned above pursuant to Section 413 -59 and 511 -57 of the
Buffalo Code, Sidewalk cafes and Allen Street District.
The applicant seeks to convert existing tenant space
into a sit -in restaurant and also encroach the right -of -way with a
51x181 sidewalk cafe located at 253 Allen Street. Under SEQR
the proposed restaurant and sidewalk cafe is considered an
unlisted action which may be studied through uncoordinated
review.
The Planning Board voted to recommend approval of
the proposed restaurant and sidewalk cafe with the following
conditions:
1. No outside music on the sidewalk cafe;
2. Closing no later than 11:00 P.M. on
weeknights and 12 A.M. on weekends;
3. No outside trash receptacles;
4. Preservation Board approval.
RECEIVED AND FILED.
NO. 5
J.ZHANG
3162 BAILEY AVE.
RESTAURANT EXPANSION
ITEM NO. 65, C.C.P. 9/17/2002
The City Planning Board at its regular meeting held
Tuesday, September 24, 2002, considered the matter
captioned above pursuant to Section 511 -65 of the Buffalo
Code, Kensington Bailey Business District.
The applicant seeks to expand an existing restaurant
into the adjoining storefront in the same building located at
3152 Bailey Avenue. Under SEQR the proposed restaurant
expansion is considered and unlisted action which may be
studied through uncoordinated review.
The Planning Board voted to approve the proposed
restaurant expansion.
RECEIVED AND FILED.
NO. 6
NAVY POINT YACHT SALES
11 CITY SHIP CANAL
BUSINESS OFFICE TRAILER
ITEM NO. 64, C.C.P. 9/17/2002
The City Planning Board at its regular meeting held
Tuesday, September 24, 2002, considered the matter
captioned above pursuant to Section 511 -67 of the Buffalo
Code, Buffalo Coastal Special Review District.
The applicant seeks to use a 121x41' trailer as a
business office at 11 City Ship Canal. The trailer has been
used without a permit for approximately 1 year. Under SEQR
the office trailer is considered and unlisted action which may be
studied through uncoordinated review.
The Planning Board voted to approve the office
trailer conditioned on an expansion of the existing
landscaping.
RECEIVED AND FILED.
NO. 7
B. BRINKWORTH
1487 HERTEL AVE.
ITEM NO. 66, C.C.P. 9/17/2002
The City Planning Board at its regular meeting held
Tuesday, September 24, 2002, considered the matter
captioned above pursuant to Section 511 -59 of the Buffalo
Code, Hertel Avenue District.
The applicant seeks to expand an existing restaurant
into an adjoining storefront located at 1487 Hertel Avenue.
Under SEQR the proposed restaurant expansion is considered
an unlisted action which may be studied through uncoordinated
review.
The Planning Board voted to recommend approval of
the proposed restaurant expansion.
RECEIVED AND FILED.
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 8
RESPONSE - A. BLUE - FIRST CENTENNIAL M.B.
CHURCH REQUEST
ACQUISITION OF 289 HIGH STREET
ITEM NO. 18, C.C.P. SEPTEMBER 17,2002
The above referenced item was referred to the Office
of Strategic Planning, Division of Real Estate, for a response.
This item is a letter from Pastor /Teacher Adrian L. Blue of First
Centennial M. B. Church requesting the City's assistance in
acquiring the lot at 289 High Street.
According to the City Assessment Office 289 High
is privately owned by James Barclay. The City's Tax Office has
indicated that there are three years of arrears plus the current
year owing for the property at 289 High Street. They have also
indicated that the owner is in bankruptcy and therefore as long
as the bankruptcy remains on the property the City cannot
foreclose on said property.
This Office has no jurisdiction on property that is privately
owned.
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 9
BOND AUTHORIZATIONS "RESCINDING"
The Office of Strategic Planning recommends the
following authorized /un- issued Capital Improvement Projects,
totaling $7,859,179, to be rescinded.
Document too large to be put into proceedings. For viewing,
please contact City Clerk's Office, 1308 City Hall.
A. The following were federal /state reimbursed
projects. The city has fulfilled its financial share of
the cost. The remaining authorized /un- issued
amount continues to hold a negative effect on our
Debt Contracting Limit.
Authorization Remaining
Authorization
Hertel Avenue Reconstruction $8,650,000 $6,579,000
Reconstr.- Marine Midland Arena
$6,295,260 $773,260
Signallmprov.- Various $7,500,000 $6,250,000
$23,075,260 $13,602,260
B. The following projects had an initial authorized
amount that could not be completely sold. General
Bonds may only be sold in $5,000 increments;
therefore the remaining authorized /un- issued
amount cannot be sold. If it remains, the amount
will continue to hold a negative effect on our Debt
Contracting Limit.
Authorization Remaining
Authorization
Ausburger Ramp Addition $13,636,464 $1,464
Expan. of Adam Pkg Ramp $7,682,455 $2,455
Kleinhans Main Auditorium Improvements
$238,000 $3,000
$21,556,919 $6,919
C. The following project has an attached resolution
that does not meet the current local finance laws.
For that reason it has become obsolete.
Authorization Remaining
Authorization
Brownfield Testing & Remediation
$500,000
$500,000
$500,000
$500,000
REFERRED TO THE COMMITTEE ON FINANCE &
COMMISSIONER OF PUBLIC WORKS.
NO. 10
PERMISSION TO FILE GRANT APPLICATION
FOOT OF PORTER WATERFRONT REDISCOVERY
PROJECT
The City of Buffalo has resubmitted the project summarized
below to the New York State Department of State's 2002
Waterfront Rediscovery Program. Your Honorable Body has
previously approved this project (July 10, 2001) for last year's
round of applications. We are now requesting your continued
support of our application in accordance with provisions of Title
3 of the Clean Air /Clean Water Bond Act of 1996. Upon
approval of this request, the City will enter into and execute a
project agreement with the State for such financial assistance
as awarded to this project.
Project Summary: Foot of Porter Waterfront Rediscovery
Project
This project will allow for the necessary capital
improvements to create a public waterside deck at the foot of
Porter Avenue. The project will tie together the rehabilitation of
LaSalle Park and the planning for the Buffalo State
CollegeM/est Side Rowing Club's Great Lakes Laboratory and
Wright Boathouse Project in addition to providing much needed
public access to Buffalo's waterfront.
Mrs. LoTempio Moved:
That the above communication from the Office of
Strategic Planning dated September 25, 2002 be received and
filed; and
That the Interim Executive Director of Strategic
Planning be, and he hereby is authorized on behalf of the City
to submit an application for financial assistance and if granted,
to enter into and execute an agreement with the NYS
Department of State's Waterfront Recovery Program.
Passed.
AYES -13. NOES -0.
NO. 11
PERMISSION TO FILE GRANT APPLICATION -IMPL. OF
COB FORESTRY MGMT. PLAN GRANT
We are requesting permission of this Honorable Body to
submit an application for funds in an amount not to exceed
$25,000, and upon approval of said request to enter into and
execute a project agreement with the New York State
Department of Environmental Conservation for such financial
assistance to this municipality for the Implementation of City of
Buffalo Forestry Management Plan grant.
The Division of Resource Development is submitting an
application for funding under the above program. The
application outlines a program which will focus on the removal
of Priority One Hazardous Trees as called for in the City's Tree
Master Plan.
Mrs. LoTempio Moved:
That the above communication from the Office of
Strategic Planning dated September 25, 2002 be received and
filed; and
That the Interim Executive Director Strategic
Planning be, and he hereby is authorized to submit an
application for funds in an amount not to exceed $25,000 and
to enter into and execute a project agreement with the New
York State Department of Environmental Conservation for the
Implementation of City of Buffalo Forestry Management Plan
grant.
PASSED.
AYES -13. NOES -0.
NO. 12
RESULT OF NEGOTIATIONS
1733 NIAGARA, S CORNER OF PARISH
TO DEARBORN EXTENSION
LOT SIZE: 363'X 198'
ASSESSED VALUATION: $21,800.
The office of Strategic Planning, Division of Real
Estate, has received a request from Mr. James V. Gianni to
acquire the vacant land at 1733 Niagara Street for business
expansion for his company Jay's Furniture Products, Inc. He
intends to construct additional warehouse and retail space on
the property adjacent to 1733 Niagara and will develop 1733
Niagara for parking.
The property acquired by the City when the Village
of Black Rock was incorporated into the City of Buffalo and
was part of a tract of land known in 1830 as the Parish Tract.
Maps at that time showed the property as a "Public Square ".
City records indicate the property has remained vacant and
abandoned public land since 1860. The title to the Public
Square was never transferred to the City of Buffalo by deed or
other instrument. Mr. Gianni has agreed to acquire title
insurance, at his expense, to cover any defect in or lien or
encumbrance on the title.
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 was conducted by Mr.
Joseph Whittington, appraiser. He has estimated the Fair
market value of the property to be Sixteen Thousand Dollars
($16,000). The City of Buffalo Appraisal Review Board has
reviewed the appraisal and concurs with the appraisers
estimate of value.
The results of our negotiations are that Mr. James
Gianni has agreed and is prepared to pay Sixteen Thousand
Dollars ($16,000). He has also agreed to pay for all closing
costs, title insurance, survey and legal description.
I am recommending that Your Honorable Body
approve the sale of 1733 Niagara Street to Mr. James V.
Gianni in the amount of Sixteen Thousand Dollars ($16,000).
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 AND THE
DIRECTOR OF REAL ESTATE
NO. 13
RESPONSE TO ARCHITECTURAL SALVAGE
AGREEMENT AND ORDINANCE AMENDMENT
ITEM # 74, C.C.P. SEPTEMBER 3, 2002
ITEM #137, C.C.P. SEPTEMBER 3, 2002
Your Honorable Body has requested this office to
respond to the above mentioned Ordinance Amendment and
Contract between the City of Buffalo and the Allentown
Association, Inc.
The approval of these two items will allow for the City
of Buffalo through its' not - for - profit agent, the Allentown
Association Inc. to survey and remove valuable items from
buildings and homes prior to demolition. The agreement
requires the agent to provide inventory lists and accounting of
its, activities with regard to the auction and sale of items. These
activities will be monitored by the Director of Real Estate and
the Department of Audit and Control.
I am recommending that Your Honorable Body
approve the aforementioned items.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 14
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM
51 EARL (CITY OWNED- VACANT LOT, 29' X 113')
The Office of Strategic Planning has surveyed the
city -owned vacant lot at 51 Earl Street, Buffalo, New York
14211, parcel is 29' x 113' in dimension; and it has been
determined that this parcel is inappropriate fi either the
construction of new housing or needed for public purposes.
Mr. Anthony C. Green residing at 53 Earl Street
indicated he will clean, improve and maintain the lot in the event
lie obtains title to the property under the Urban Homestead
Program.
The Division of Inspections and Division of
Collections have been contacted. There are no property code
violations, taxes or other liens owed to the City of Buffalo by the
homesteader.
We, therefore, recommend the city -owned vacant lot
to be designated as a Homestead Property and b transferred to
Mr. Anthony C. Green on the condition that the property is
cleaned and improved within (6) months and maintained in a
sanitary manner.
Mrs. LoTempio Moved:
That the above communication from the Office of
Strategic Planning dated September 24, 2002, be received and
filed; and
That the city -owned property commonly known as 51
Earl Street, is hereby designated as Homestead Property,
and that the Mayor be, and he hereby is authorized to
execute a deed transferring said property to Mr. Anthony
C. Green, residing at 53 Earl Street, for the amount of One
Dollar ($1.00) and no more, and all costs of transfer, on
the condition the property is cleared and improved within
six (6) months and maintained in a sanitary manner.
PASSED.
AYES -13. NOES -0.
NO. 15
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM
346 MOSELLE (CITY OWNED- VACANT LOT, 28' X 112')
The Office of Strategic Planning has surveyed the
city -owned vacant lot at 346 Moselle Street, Buffalo, New York
14211, parcel is 28' x 112' in dimension; and it has been
determined that this parcel is inappropriate for either the
construction of new housing or needed for public purposes.
Mr. Woodrow Nelson residing at 35 East Woodlawn
Avenue indicated he will clean, improve and maintain the lot in
the event he obtains title to the property under the Urban
Homestead Program.
The Division of Inspections and Division of
Collections have been contacted. There arc no property code
violations, taxes or other liens owed to the City of Buffalo by the
homesteader.
We, therefore, recommend the city -owned vacant lot
to be designated as a Homestead Property and be transferred
to Mr. Woodrow Nelson on the condition that the property is
cleaned and improved within (6) months and maintained in a
sanitary manner.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT.
NO. 16
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
DEPARTMENT OF POLICE
We, Anthony M. Masiello, Mayor and Anthony R. Nanula,
Comptroller, do hereby certify pursuant to §20 -11 of the
Charter, that an increase in the sum of $42,000 in the estimate
for the fiscal year beginning July 1, 2002 is necessary in
Appropriation Allotments for the Department of Police - Staff
Operations - Service Equipment Maintenance Contract, to meet
a contingency which could not have been reasonably foreseen
when the budget was adopted. The amount of increased
appropriations will be met from an increase of $42,000 in the
General City Revenue account Org & Obj # 10200030 -
364000 - Deposit of Unclaimed Property not otherwise
appropriated for any other purpose. The details of the
requirements are set forth below:
To:
12020006 - 443400 - Police Staff Op Sv Eq Mnt Cont $42,000
Dated: Buffalo, NY, September 24, 2002
RECEIVED AND FILED.
NO. 17
D. ALLEN - EXTEND CANCELLATION DATE OF SURETY
BOND
On August 1, 2002, you were sent a
"Notice Extending Time For Cancellation of Surety Bond To
September 13, 2002," which advised that the effective date of
the cancellation of the referenced bond issued by Hanover
Insurance Company securing the CATV Franchise Bond
agreement with Adelphia Communications Corporation or its
subsidiary and /or affiliate would be extended to September 13,
2002. This will advise that Hanover and Adelphia have reached
an agreement in principle to keep the bond in effect. The
Agreement remains subject to final documentation, and
approval by the Bankruptcy Court and other parties, which
approval will be sought in the next few weeks. Accordingly,
Hanover has agreed to further extend the effective date of the
cancellation of the bond until October 21, 2002. With respect to
any liability accrued, the bond remains in effect until that date.
You will receive further notice when the agreement is approved
by the Bankruptcy Court or, in another event, prior to October
21, 2002.
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS AND THE CORPORATION
COUNSEL
NO. 18
D. DISALVO- CHANGES TO HAND DRAWN MAP
A The hand -drawn map violated census block geography. The
corrected map followed census geography, adding land area to
the North District from the Niagara District but not changing the
allocation of population. Note: This is one instance where strict
adherence to census block geography is not essential. (Tract
60, Block 6012)
B Council hand -drawn map was drawn down the middle of a
census block (i.e. the census block geography was violated.)
The decision was made in an effort to conform with census
geography to draw the boundary line south of the hand -drawn
map boundary.
The population affected by this boundary assignment resulted
in the following: The hand -drawn map assigned 221 people to
the Fillmore District. The digital map following census
geography re- assigns said 221 people to the Ellicott District. Of
the 221 people, 201 are white, 13 are black, and the remainder
are other race. (Tract 72.02, Block 1005)
C Council hand -drawn map was drawn down the middle of a
census block (i.e. the census block geography was violated.) A
portion of that population was in Fillmore, the other portion was
in Lovejoy. The assignment of those people to a council district
could not be determined due to the census geography violation.
The total number of people affected by this correction is 12,
five of whom are white, seven of whom are other race. The
decision was made in an effort to conform with census
geography to draw the boundary line north of the hand -drawn
map boundary. (Tract 3, Block 9000)
D A portion of 61 people, according to the hand -drawn street
boundary map which violated census geography, would have
been assigned to Lovejoy. In an attempt to conform to the
census block boundary, all 61 people were assigned to the
South District. (Tract 11, Block 3011)
E The hand -drawn map split a census block, which makes it
impossible to determine what portion of the population would be
assigned to either the Masten District or the Fillmore District.
Following the census block geography, the total population of
219 in that block was assigned to the Masten District. The
breakdown of the population is as follows: 4 white, 212 black,
and the rest is of other race. (Tract 35, Block 1001)
F The hand -drawn map violated census block geography. The
corrected map followed census geography, adding land area to
the Loveioy District from the University District but not
changing the allocation of population. Note: This is one
instance where strict adherence to census block geography is
not essential, (Tract 41, Block 1000)
G The hand -drawn map cut across a small portion of a larger
census block. A correction was made, following the census
block geography, which affected zero population. (Tract 45,
Block 2001)
SUMMARY:
The variation in Council District assignment of population
resulting from digitizing the hand -drawn map is a maximum of
513 people. However, the number of people could be less than
513 depending on the location of the population is within the
block. These corrections only affect the total population
percentage breakdowns of the Council Districts in a miniscule
way.
REFERRED TO THE COUNCIL PRESIDENT &
CORPORATION COUNSEL.
NO. 19
INFO.- STATUS REPORT -DUNN TIRE PARK
With regard to your request for a status report on the ongoing
negotiations relative to Dunn Tire Park, please be advised that
the negotiations are proceeding to conclusion at this time.
We are currently awaiting a first draft response from the City of
Buffalo Corporation Counsel so that we can proceed further.
I will be happy to answer any other specific question you may
have.
RECEIVED AND FILED.
NO. 20
INFO. - CIMINELLI CONSTRUCTION
BUFFALO SCHOOL PROJECTS CONSPIRACY
(COSTING TAXPAYERS MILLIONS $$$)
Ciminelli Construction Co. through its political and legal
connections is circumventing the Competitive Bidding Laws in
New York State and has positioned itself to be the Prime
Contractor in addition to being the Construction Manager on a
series of School Construction Projects worth $1 Billion. This
series of construction projects is the largest in Western New
York history.
What this simply means is:
1 . No Public Bidding and no Competitive Prices on these
Public Projects.
2. Public Tax dollars being privately siphoned to Private
Interests.
3. Higher Construction Costs.
4. Higher Taxes to Taxpayers,
5. An estimate of $50,000,000 Premium to be paid by
taxpayers, which will go into Construction Manager's pockets.
(Lack of Competitive Bidding)
6. Political wheeling and dealing to create special laws.
7. Current scheme stretches beyond even those special Laws
passed to allow Ciminelli to perform routine renovation work
without competitive bidding.
This "Conspiracy" is contradictory to all competitive bidding
laws in New York State and at the Federal level.
With the Buffalo School System constantly in fiscal chaos, why
is the city wasting taxpayer dollars?
Doesn't someone owe the Taxpayers an answer?
REFERRED TO THE COMMITTEE ON EDUCATION AND
THE JOINT SCHOOLS CONSTRUCTION BOARD AND
CORPORATION COUNSEL.
NO. 21
CITY USER FEE
As the attached letters dated October 18, 1999 and
September 13, 2000 indicate, the city has considered our
garbage fee to be in arrears since April 1998. We have always
paid the quarterly fee for this service, but the fines and late
charges that have been levied on these original arrears now
add up to over $180. We have no objection to the fee itself, but
do not feel that we should be subject to charges that are the
result of a billing error on the city' s part.
Michael Niman's August 1, 2002 article in Artvoice makes the
point that each and every powerless and disenfranchised
person in the City of Buffalo has five members ,whom they
elect and who are beholden to them as constituents. This fact
has given us renewed hope that one of our elected
representatives may be able to assist with an issue that has
been a continuing source of frustration over the past four years.
With the upcoming referendum on the size of the Common
Council, we are willing to offer our two (2) votes to whichever
side is able to assist us in rectifying this situation. Our original
correspondence to Mr. Coppola did not even result in the
courtesy of a reply, much less any action. If the current
Delaware District representative is able to resolve this issue,
we Will gladly cast two votes in support of the nine - member,
all- district council. If one of the at -large members is able to
assist us, we will then cast our two votes to maintain the status
quo, given the service that these additional councilmembers are
capable of providing.
If no one is willing or able To assist us, we will continue to
ignore the collection notices and threatening phone calls and
simply settle the fine when we move from the city, writing it off
as a small price to pay for our freedom from this mismanaged
municipality. (And we won't bother voting in the referendum,
since we won't be residents long enough to enjoy the results.)
Please do not hesitate to contact either of us at 834 -1335 if you
have any questions regarding this issue. Thank you for your
attention to this matter.
RECEIVED AND FILED
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS
AND STREETS
NO. 22
REPORT OF BIDS
NIAGARA STREET IMPROVEMENTS
LOWER WEST SIDE TOPS SITE
GROUP #605
This is to advise your Honorable Body that I have advertised
and received bids for Niagara St. Improvements - Lower West
Side -Group #605.
In obtaining bids for the above project, I have asked for unit
prices covering the various items of work and material, which
will be performed. The final cost of the work will be based on
the actual measured quantities of completed work items.
The following bids were received:
Base Bid Unit Price Increase
1. P & J Construction co., Inc.$173,270.00'
$190,597.00
709 Pleasant View Drive
Lancaster, New York 14086
2. Master's Edge $176,577.00
$194,234.70
1807 Elmwood
Suite 290
Buffalo, New York 14207
3. A. B. P. Concrete Construction, Inc.$188,025.00
$206,827.50
3407 Delaware Ave., Suite 200
Kenmore, New York 14217
4. Destro Brothers $191,430.00
$210,573.00
401 Ludington St.
Buffalo, New York 14206
5.0 & C Contractors, Inc. $193,790.00
$213,169.00
'971 Ransom Rd.
Lancaster, New York 14086
'Adjusted Amount
I hereby certify that the lowest responsible bidder for the above
project is P & J Construction cc., Inc.. I respectfully
recommend that your Honorable Body authorize a contract
award in the amount of $190,597.00 ($173,270.00 Base Bid +
10% unit price increase $ L7,327.00 = Total Award
$190,597.00). Funds for this work are available in Capital
Account #30335706 and the engineer's estimate for this work
is $200,000.
The attached is certified to be a true and correct statement of
the two (2) lowest bids received. Under provisions of the
General Municipal Law, any of the bidders may withdraw his
bid if an award of the contract is not made by September 20,
2002. Individual bid submissions are available in our office for
inspection and copies are available upon request
Mrs. LoTempio moved
That the above communication from the Commissioner of
Public Works, Parks and Streets dated August 22, 2002, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets,
be, and he hereby is authorized to award a contract for Niagara
Street Improvements - Lower West Side -Group #605, to P & J
Construction Co., Inc., the lowest responsible bidder, in the
amount of $190,597.00 ($173,270.00 Base Bid + 10% unit
price increase $17,327.00 = Total Award $190,597.00). Funds
for the project are available in Capital Account #30335706.
PASSED
AYES -13 NOES -0
NO. 23
REPORT OF BIDS
STORM DAMAGE SIDEWALK REPAIR - 2002
GROUP #601
CCP #38 OF 9/3/02
Your Honorable Body has previously approved bids for Storm
Damage Sidewalk Repair - 2002 Group 4601 of Item #38 of
9/3/02 (copy attached). The apparent low bidder, Blockhead
Concrete and Paving, cannot meet the City's requirements for
Bonding and Insurance.
I hereby request your Honorable Body authorize a contract
award to the second low bidder, Sicili Construction in the
amount of $264,788.70 ($240,717.00 Base Bid + 10% Unit
Price Increase $24.071.70 = Total Award $264,788.70.) in
Capital Account 430057406 -445 100.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works, Parks and Streets dated August 22, 2002, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets,
be, and he hereby is authorized to award a contract for Storm
Damage Sidewalk Repair - 2002 - Group #601, to Sicilia
Construction, the second lowest responsible bidder, in the
amount of $24,071.70 = Total Award $264,788.70. Funds for
the project are available in Capital Account #30057406 -445
100.
PASSED
AYES -13 NOES -0
NO. 24
CHANGE IN CONTRACT
EAST SIDE TRANSFER STATION
CONTRACT6G
GENERAL CONSTRUCTION
I hereby submit to Your Honorable Body the following
changes for the East Side Transfer Station, Contract 6G,
Patrick Development, C #92010645.
1. Remove concrete ramp to second level of storage building.
The ramp is structurally deficient and unusable, and removing
the ramp greatly improves truck traffic flow on the site. Add $
30,250.00
2. Add install 8" water main to hydrants for fire protection.
Add $ 10,855.00
The foregoing change results in a net increase in the contract
of Forty One Thousand One Hundred Five and 00/100 Dollars
($41,105.00).
Summary: Current Contract Amount
$1,719,000.00
Amount of This Change Order ( #1) Add $
41,105.00
Revised Contract Amount
$1,760,105.00
Costs have been reviewed by the Consulting Engineer
(Malcolm Pirnie, Inc.) and the Department of Public Works,
Parks & Streets and were found to be fair and equitable. Funds
for this work are available in CPF 30058606 445100 - Division
of Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works, Parks & Streets to issue a
change order to the contractor as set forth above.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works, Parks and Streets dated September 17, 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
Patrick Development, an increase in the amount of $41,105.00,
as more fully described in the above communication, for work
relating to East Side Transfer Station, Contract 6G, C
#92010645. Funds for this project are available in CPF
30058606 445100 - Division of Buildings.
PASSED
AYES -13 NOES -0
NO. 25
CHANGE IN CONTRACT 118 EAST UTICA - FRIENDS TO
THE ELDERLY 1: PHASE III RENOVATIONS ELECTRICAL
WORK
I hereby submit to Your Honorable Body the following
changes for 118 East Utica Street, Friends to the Elderly,
Phase III Renovations, Electrical Work, Goodwin Electric Co.,
C #92010488.
1. Additional electrical work, to include receptacles, boxes, and
smoke detectors. Add $ 2,860.00
The foregoing change results in a net increase in the contract
of Two Thousand Eight Hundred Sixty and 00/100 Dollars
($2,860.00).
Summary: Current Contract Amount $44,960.00
Amount of This Change Order ( #2) Add $ 2,860.00
Revised Contract Amount $47,820.00
Costs have been reviewed by the Consulting Architect (Robert
Traynham coles, Architect, PC) and the Department of Public
Works, Parks & Streets and were found to be fair and
equitable. Funds for this work are available in CPF 30338106
445100 - Division of Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works, Parks & Streets to issue a
change order to the contractor as set forth above.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works, Parks and Streets dated September 23, 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. 2, to
Goodwin Electric Co., an increase in the amount of $2,860.00,
as more fully described in the above communication, for work
relating to 118 East Utica Street, Friends to the Elderly, Phase
III Renovations, Electrical Work, C #92010488. Funds for this
project are available in CPF 30338106 445100 - Division of
Buildings.
PASSED
AYES -13 NOES -0
NO. 26
CHANGE IN CONTRACT
118 EAST UTICA STREET
PHASE III RENOVATIONS
MECHANICAL WORK
I hereby submit to Your Honorable Body the following
changes for 118 East Utica Street, Friends to the Elderly,
Mechanical Work, Numarco, Inc., C #92010531.
1. Rehabilitation to 4 lavatories, 4 water closets, 2 urinals,
including cleaning sanitary waste lines. Add $ 4,312.00
The foregoing change results in a net increase in the contract
of Four Thousand Three Hundred Twelve and 00/100 Dollars
($4,312.00).
Summary: Current Contract Amount $
41,998.23
Amount of This Change Order ( #2) Add $
4,312.00
Revised Contract Amount $
46,310.23
Costs have been reviewed by the Consulting Architect (Robert
Traynham Coles, Architect) and the Department of Public
Works, Parks & Streets and were found to be fair and
equitable. Funds for this work are available in CPF 30338106
445100 - Division of Buildings.
I request that Your Honorable Body authorize the
Commissioner of Public Works, Parks & Streets to issue a
change order to the contractor as set forth above.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works, Parks and Streets; dated September 17, 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. 2, to
Numarco, Inc., an increase in the amount of S4,3 12.00, as
more fully described in the above communication, for work
relating to 118 East Utica Street, Friends to the Elderly, Phase
III Renovations, Mechanical Work, C #9201053 1. Funds for
this project are available in CPF 30338106 445 100 - Division
of Buildings.
PASSED
AYES -13 NOES -0
NO. 27
GRANT DEVELOPMENT PROSPECT
WINDPARKS
ITEM NO. 71, CCP 07/09/02
The referenced item was sent to this Department for
investigation.
Our Electrical Engineer looked into the possibility of installing a
wind energy system at the various sites proposed.
Locating wind turbines on vacant City parcels would not be
desirable. First, wind turbines are very tall, almost the same
height as City Hall. Second, ice build -up on the blades has
been known to become dislodged, launching heavy blocks into
surrounding areas, presenting an obvious hazard in an urban
environment. Third, dispersing the turbines throughout the City
would be more expensive and less efficient than locating the
same number of turbines on a dedicated wind farm.
A more promising location is along the Lake Erie shoreline.
Currently, Mr. Mark Mitskovski from the Erie County
Department of Environment & Planning is conducting a study
of wind energy use in Erie County. We plan to use this
information, along with other sources, to determine the best
sites and a feasible pilot project for the City.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 28
MAINTENANCE SCAJAQUADA CREEK AND HOYT LAKE
#148 OF 9/17/02
The referenced item was sent to this department for
comment.
The Department of Public Works, Parks and Streets looks
forward to attending any committee meetings scheduled to
discuss the dredging and clean up of Hoyt Lake and
Scajaquada Creek. The Council may want to invite the Buffalo
Sewer Authority to these meetings also.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 29
PERMISSION TO ENTER INTO AGREEMENT/
PROVIDE FUNDING - NYSDOT
BRIDGE PAINTING PROJECT - HUDSON ST.
PEDESTRIAN BRIDGE
P.I.N. 5805.18
Permission is requested from Your Honorable Body to
authorize the Mayor of the City of Buffalo to enter into all
necessary agreements with the New York State Department of
Transportation (NYSDOT) to administer, design, bid and
construct painting/ rehabilitation of the Hudson St. Pedestrian
Bridge. This project will be funded utilizing City of Buffalo
Capital Funds from our Local Match Reserve Account for
roads /bridges, #30335306.
This project is scheduled for bidding in 12/02 and the cost
estimate is $150,000.00
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works, Parks and Streets dated September 26, 2002 be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be,
and he hereby is authorized to enter into all necessary
agreements with the New York State Department of
Transportation to administer, design, bid and construct
painting /rehabilitation of the Hudson Street Pedestrian Bridge.
Funds for this project are available in Capital Funds from our
Local Match Reserve Account for roads /bridges, #30335306.
PASSED
AYES -13 NOES -0
NO. 30
PROPOSED COUNCIL RESOLUTION
LAKEVIEW FAMILY HOMES 2000
The Department of Public Works, Parks and Streets has
reviewed the attached street plan map and proposed deed for
the conveying of title, dedication and naming of the proposed
public streets within the " LAKEVIEW FAMILY HOMES 2000"
project.
The plan has been reviewed and approved by the City Planning
Board. The plan and deed description has also been reviewed
and approved by the Division of Engineering.
I am, therefore, recommending that Your Honorable Body
accept the proposed deed, dedicate the public streets and
approve the street names as shown on the attached map.
Upon your acceptance and approval, the City Clerk will certify
the acceptance of the streets and the City Engineer will sign
the map. At that time, the map will be filed in the Office of the
Erie County Clerk by the developer. If for any reason, the plan
is not filed within ten (10) calendar days of the approval by the
City Engineer, the plan and dedication becomes null and void.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works, Parks and Streets dated September 3, 2002, be
received and filed; and
That the Common Council accept the proposed deed, dedicate
the public streets and approve the street names as shown on
the attached map for the "Lakeview Family Homes 2000"
project.
PASSED
AYES -13 NOES -0
NO. 31
TREE REMOVAL /SIDEWALK REPAIR 57 PEACH ST.
#84 OF CCP 7/23/02
This is in response to the subject item, which was referred to
our department.
Please be advised that the tree removal at this location and
associated sidewalk repairs have been completed by our
department.
As for damage to the gutters at this location the homeowner
should contact the law department in regard to a potential
claim.
RECEIVED AND FILED
NO. 32
WASHINGTON STREET
TWO -WAY CONVERSION
#55 OF 9/17/02
The Subject item was a communication from National Fuel
Gas Distribution Corporation to Buffalo Place regarding the
lack of action by the Buffalo Place Board of Directors regarding
the conversion of Washington St. to two -way traffic.
Although this department consulted with Buffalo Place, we
never asked for, nor do we need their concurrence for this
project. The concerns voiced in Mr. Smiths' letter are valid
however, but I believe that our plan has addressed them.
Surely the two -way conversion will slow traffic down. It will also
greatly increase circulation in the downtown area. Good
circulation with traffic calming has always been our goal. We
do not believe however that the changes will result in "grid lock"
as Mr. Smith suggests. With the changes in parking
regulations that we have approved we, and our consultant
engineers, Hatch Mott MacDonal are relatively certain that
drastic congestion will not occur.
For the Councils information, Notification Serial #9394,
authorizing this conversion was approved in item #27, CCP of
March 19, 2002.
RECEIVED AND FILED
NO. 33
CERTIFICATE OF APPOINTMENT
Appointment Effective: 9/17/02 in the Department of Public
Works
Division of Engineering to the Position of Traffic Signal
Specialist
Provisional Appointment at the Intermediate Starting Salary of
$31,361
John Armstrong, 207 Dearborn St., Buffalo, NY 14207
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 34
CERTIFICATE OF APPOINTMENT
Appointment Effective 9/26/02 in the Department of Public
Works Parks & Streets Division of Engineering to the Position
of Traffic Signal Specialist Provisional Appointment at the
Intermediate
Starting Salary of: $ 31 361.00
Ashunti McClain, 3 Alice Court, Buffalo, NY 14203
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 35
CERTIFICATE OF APPOINTMENT
Appointment Effective: September 24, 2002
4
in the Department of Public Works, Parks & Streets
Division of Water to the Position of Water Meter
Mechanic
Temp. (Not to exceed 6 mos.) Appointment
at the: Maximum Starting Salary of: $33,350
Karl Hawthorn, Jr. 98 Bryant Street, Apt. 10 Buffalo, New York
14209
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF FIRE
MEMORANDUM FOR COMMISSIONER CAL VI N
WORTHY
NO. 36
REQUEST FOR RESPONSE TIME STUDIES
Per your request for Response Time Studies I have begun to
gather the data needed 10 develop the two different studies.
Weekly Response Time Studies
After several weeks of gathering the "daily data" from the
dispatcher -,. I hope to he able to compile the information into
the weekly report formal that you requested.
Unfortunately I do not have the daily data necessary to develop
reports back to July. therefore the reports will only cover the
time from this week forward -
Monthly Response Time Studies
With the help of our Communication Engineer I will be able to
provide the average monthly response times per company.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 37
CERTIFICATE OF APPOINTMENT
Appointment effective September 16, 2002 In the
Department of Fire to the position of Fire Captain, permanent
contingent promotion
At the flat Starting salary of: $59,432
John Leising, 138 Depew, Buffalo, NY 14214
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 38
CERTIFICATE OF APPOINTMENT
Appointment effective September 13, 2002 in the
Department of Fire to the Position of Fire Lieutenant,
Permanent Promotion at the
Flat Starting salary of $56, 560
John Keohane, 430 Two Mile Creek, 14150
Charles Amos, 341 Dewey Avenue, 14214
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 39
CERTIFICATE OF APPOINTMENT
Appointment effective September 13, 2002
in the department of Fire to the position of Fire Lieutenant
permanent contingent promotion at the flat Starting salary
of: $56,560 Shawn Geary, 30 Melrose, 14220
Robert O'Rourke, 196 Orlando, 14210
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CORPORATION COUNSEL
NO. 40
LAKEVIEW PHASE 11 - COMMON COUNCIL
AUTHORIZATION FOR TRANSFER OF BELLE CENTER
REAL PROPERTY AND IMPROVEMENTS TO BUFFALO
MUNICIPAL HOUSING AUTHORITY
Dear David:
As arranged with Michael Risman, enclosed on behalf of
Buffalo Municipal Housing Authority ( "BMHA ") please find
fifteen sets of the following documents for submission to the
Common Council for consideration at the October I Common
Council session. The purpose of these documents is to
authorize the transfer by the City of Buffalo and the Buffalo
Urban Renewal Agency to BMHA of the real property and
improvements commonly known as the Belle Center, and
located at 104 Maryland Street, Buffalo, New York.
1 . Memorandum to Common Council explaining need to
transfer fee interest in real property to BMHA for use in
connection with Lakeview, and in lieu of the ground lease of
such E3.cility from the City to BMHA as originally approved by
the Common Council. As you know, this change was
necessitated by the fact that the City was unable to satisfy its
commitment to provide approximately $1 million of bond
funding for such renovation as contemplated by the Second
Amendments to Amended Stipulation of Settlement and
Consent Decree in Comer, et al. v. Martinez, et al., Civil Action
No. 89- 1556C.
2. Proposed Deed.
REFERRED TO THE COUNCIL PRESIDENT, THE
DIRECTOR OF STRATEGIC PLANNING AND THE
BUFFALO MUNICIPAL HOUSING AUTHORITY
NO. 41
M &T BANK AFFINITY CARD PILOT
PROGRAM
M &T Bank proposes a pilot affinity card program in which $1
from every card sold (bearing images of the City) would go to
the City of Buffalo. This Department, with the Departments of
Administration and Finance and Management Information
Services, has negotiated with M &T Bank the terms of the pilot
program's agreement. The Mayor has authorized the use of the
City seal and images. This interim agreement between the City
and M &T Bank proposes to sell the City affinity cards from
September I through December 31, 2002, in $25 and $50
denominations, for an added $5 charge per card. There would
be no direct costs to the City, with the City and M &T Bank
bearing their respective marketing costs. The City intends to
use its existing internal devices (the City's website,
correspondence) to market the cards.
Since this is a pilot program for both the City and M &T Bank,
income projections can not be given, but the program will be
evaluated in January 2003 to see the return to the City and the
bank.
This item is informational and requires no action at this time by
the Common Council.
RECEIVED AND FILED
FROM THE COMMISSIONER OF PERMIT & INSPECTION
SERVICES
NO. 42
RESTAURANT DANCE CLASS IV
946 ELMWOOD
Pursuant to Chapter 150 of the City of Buffalo Ordinances,
please be advised that I have examined the attached
application for a Restaurant Dance Class IV License located at
946 Elmwood and find that as to form it is correct. I have
caused an investigation into the premises for which said
application for a Restaurant Dance Class IV license is being
sought and according to the attached Certificate of
Compliance, I find it complies with all regulations and other
applicable laws. I have caused an investigation by the Police
Department into the moral character of David Putnam, The
attached hereto for David Putnam, d /b /a McGarrets. This
request is submitted for your approval or whatever action you
deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 43
SECOND HAND DEALER
439 DELAWARE
Pursuant to Chapter 254 of the City of Buffalo Ordinances,
please be advised that I have examined the attached
application for a Second Hand Dealer License located at 439
Delaware and find that as to form is correct. I have caused an
investigation into the premises for which said application for a
second hand dealer license is being sought and according to
the attached reports from the Zoning Office, Fire Department
and Building Inspections, I find it complied with all regulations
and other applicable laws. I have caused an investigation by the
Police Department into the moral character of Charles
Krasuski. The attached thereto for Charles Krasuski d /b /a
French Line Antiques LLC. This request is submitted for your
approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
SECOND HAND DEALER
500 ELMWOOD
Pursuant to Chapter 254 of the City of Buffalo Ordinances,
please be advised that I have examined the attach application
for a Second Hand Dealer License located at 500 Elmwood
and find that as to form is correct. I have caused an
investigation into the premises for which said application for a
second hand dealer license is being sought a according to the
attached reports from the Zoning Office, Fire Department and
Building Inspections, I find it complied with all regulations and
other applicable laws. I have caused an investigation by the
Police Department into the moral character of Toni Meldzuk.
The attached thereto for Toni Meldzuk d /b /a Drop FM. This
request is submitted for your approval or whatever action you
deem appropriate.
REFERED TO THE COMMITTEE ON LEGISLATION.
NO. 46
USED CAR DEALER
1642 ELMWOOD
Pursuant to Chapter 254 of the City of Buffalo Ordinances,
please be advised that I have examined the attached
application for a Used Car Dealer License located at 1642
Elmwood and find that as to form is correct. I have caused a
investigation into the premises for which said application for a
used car dealer license is being sought and according t the
attached reports from the Zoning Office, Fire Department and
Building Inspections, I find it complies with al regulations and
other applicable laws. I have caused an investigation by the
Police Department into the moral character of Richard
Urbanski. The attached thereto for Richard Urbanski Blazer
d /b /a PSR Auto Sales. This request is submitted for your
approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 46
CERTIFICATE OF APPOINTMENT
Appointment Effective: September 27, 2002 in the Department
of Permit & Inspection Services,
Division of Inspections, to the Position of Building Inspector,
Contingent Permanent, Appointment, at the Intermediate
Starting Salary (Step 2) of $39,350.
Paul M. Banyi 22 Elgas Buffalo, NY 14207
Paul Clift 73 Gladstone Buffalo, NY 14207
Kevin Coyne 33 Arbour Lane Buffalo, NY 14220
Christopher F. Curtin 75 Trowbridge Ave. Buffalo, NY 14220
David Gilson 188 Tuscarora Road Buffalo, NY 14220
Joseph A. Sacco 659 Prospect Ave. Buffalo, NY 14213
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 47
CERTIFICATE OF APPOINTMENT
Appointment Effective: September 27, 2002 in the Department
of Permit & Inspection Services. Division of Inspections, to the
Position of Building Inspector, Contingent Permanent
Appointment at the Intermediate (step 3) Starting Salary of $
$40,838
Joseph F. Parisi 56 Knox Ave. Buffalo, NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 48
CERTIFICATE OF APPOINTMENT
Appointment Effective: September 27, 2002 in the Department
of Permit & Inspection Services, Division of Inspections, to the
Position of Building Inspector, Permanent Appointment, at the
Intermediate (Step 3) Starting Salary of $40,838.
David B. Zafuto 236 Wellington Rd. Buffalo, NY 14216
PASSED.
AYES -13. NOES -0.
NO. 49
CERTIFICATE OF APPOINTMENT
Appointments Effective: September 27, 2002 in the
Department of Permit & Inspection Services, Division of
Inspections, to the Position of Building Inspector, Contingent
Permanent, Appointment, at the Maximum (Step 5) Starting
Salary of $43,809.
David P. Gilmour 29 Carlyle Avenue Buffalo, NY 14220
Terence Prendergast 330 McKinley Pkwy Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 50
CERTIFICATE OF APPOINTMENT
Appointment Effective: September 27, 2002 in the Department
of Permit & Inspection Services, Division of Permit Office,
to the Position of Supervisor of Building Construction
Permanent Appointment at the Intermediate Starting Salary of
$44,679.
David J. Grundy 17 Florence Ave. Buffalo, NY 14214
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 44
FROM THE COMMISSIONER OF ADMINISTRATION AND
FINANCE
NO. 51
INCREASE FEES /FINES
ASSOCIATED WITH DOG CONTROL VIOLATIONS"
#126, CCP SEPT 3,2002
Your Honorable Body has asked for the budgeted and actual
revenues related to unlicensed dogs. I have listed this
information below - please note that the actual figures are
estimates and that the City Comptroller has not yet released
audited financials for fiscal year 2001 -2002.
Revenue Budgeted Amount 2001 -2002 Estimated
Receipts
Dog Licenses $133,000 $123,275
Unlicensed Dog Fines 18,000 13,423
Dog Pound Seizures 13,000 18,582
Dog Pound Sales 6,000 7,140
1 trust this answers your question.
REFERRED TO THE COMMITTEE ON LEGISLATION.
FROM THE BOARD OF EDUCATION
NO. 52
"C. FISHER -C. CUMMINGS -REQ.
ASS ISTANC E /CLARIFICATION -EVAL. /AWARD
CRITERIA- MONIT. -ELEC. SEC. SYST."
ITEM NO. #57, C.C.P. SEPTEMBER 17, 2002
Item #57, C.C.P. September 17, 2002, "C. Fisher -C.
Cummings -Req. Assistance /Clarification -Eval. /Award
Criteria - Monit. -Elec. Sec. Syst."
The Board bid protest committee listened to the presentation by
all parties on September 25, 2002. The bid protect is tabled
until the committee receives more information from John
Sperrazza, Purchasing Agent, due September 27, 2002.
All parties will be notified in writing of the decision.
REFERRED TO THE COMMITTEE ON EDUCATION.
NO. 53
INFO - CHAPTER 83 -MUN. BOND BANK
AGENCY -PRIOR YEAR CLAIM FIN. AUTH.
Per your request, I have enclosed a copy of Chapter 83 of the
Laws of 2002, Sections 65 -75 of the Municipal Bond Bank
Agency Prior Year Claim Financing Authorization. The
financing structure of the bond will be tax exempt and have a
maximum maturity rate of 10 years. The Municipal Bond Bank
will :issue a single bond for multiple school districts. The law
has designated that this bond will not be considered "debt" of
the District under statutory/constitutional debt restrictions.
I hope this explanation and the attached document
will provide adequately on the structure of the bond agency.
If you have any questions, please do not hesitate to contact me.
Thank you.
RECEIVED AND FILED.
NO. 54
SCHOOL #75- MONROE STREET
The Buffalo City School District is in the process of
embarking upon an enormous rebuilding program for the City
schools. At the same time, the District will also be closing
school buildings due to the fact that they are no longer needed
for educational purposes and, turning them over to the City of
Buffalo.
Pursuant to Section 2556 (9) of Education Law, the
District is informing the Common Council that School #75 on
Monroe Street will be turned over to the City of Buffalo on
November 1, 2002. This will be the first of many schools in the
forthcoming years that will be turned over to the control of the
City of Buffalo.
The School District's Plant Department will make
sure the keys and important details about the building are given
to the proper staff in the City's Public Works Departments.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT, THE DIRECTOR OF STRATEGIC
PLANNING, CORPORATION COUNSEL, AND
COMMISSIONER OF PUBLIC WORKS.
FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY
NO. 55
FERRY GRIDER HOMES
Please be advised that the Buffalo Municipal Housing Authority
has received approval of its development proposal for Ferry
Grider Homes from the U.S. Department of Housing & Urban
Development (HUD). I have enclosed a copy of the
correspondence from HUD for your information.
In addition, I am also forwarding a copy of correspondence
from the New York State Division of Housing and Community
Renewal, which consents to the release of replacement
reserves for development of the aforementioned site.
With both of these items in hand, the City of Buffalo is cleared
of all their obligations toward the operating budget for Ferry
Grider Homes, which includes any increases in the employee
contracts presently before you.
I respectfully request that the employee contracts between the
Buffalo Municipal Housing Authority and Local 264 be
reintroduced and approved by this honorable body at your
earliest convenience.
If you should have any questions regarding this matter, please
feel free to contact my office at 855 -6711 extension 203.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT.
FROM THE CITY CLERK
NO. 56
LIQUOR LICENSE APPLICATIONS
Attached hereto are communications from persons applying for
liquor licenses from the Erle County Alcohol Beverage Control
Board.
Address Business Name Owner's Name
41 Virginia PI. 41 Virginia PI Calvin Kallett
153 Delaware swede Inc JamesJ. Torgerson
307 Louisianna Buffalo Bar and Grill John Hoffman
261 Hewitt Ave. Classic Corner Lounge Jarmaine Davis
RECEIVED AND FILED
NO. 57
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:
Assessment and Taxation- Judith McCabe
Public Works, Streets & Parks- Donald Titus, William
Deschenes - Extension, David Ehrle, Karl Hawthorn Jr.
Police- Ellen Nowadly, Patrick Pascall, Lissa Redmond
Fire - Michael Mitchell, William Biondolillo
RECEIVED AND FILED.
No.58
REPORTS OF ATTENDANCE
I transmit herewith communications received by me, from the
various boards, commissions, agencies and authorities
reporting the membership attendance at their respective
meetings:
Buffalo Sewer Authority
RECEIVED AND FILED.
NO. 59
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
I transmit herewith appointments to the position of Council
Intern.
Mrs. LoTempio moved the approval of the appointments to the
position of Council Intern.
ADOPTED.
Appointment Effective September 23, 2002 in the Department
of Common Council, to the Position of Intern I, Seasonal, Non -
Competitive, at the flat starting salary of $7.00 /hr.
Leslie Farmer
34 Fernhill Avenue
Buffalo, NY 14215
NO. 60
APPOINTMENTS - MAYOR'S YOUTH OPPORTUNITY &
EMPLOYMENT
I transmit herewith appointments made in the
Mayor's Youth Opportunities and Employments Programs.
RECEIVED AND FILED.
Appointment Effective September 23, 2002 in the Department
of Executive, Division of Mayor, to the Position of Intern V,
Seasonal, Non - Competitive, at the flat Starting Salary of
$8.00 /hr.
Christine Heitzenrater
7 Dover
Buffalo, NY 14212
no. 61
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.
DEPARTMENT OF PUBLIC WORK, PARKS & STREETS
Appointment Effective September 25,2002 in the Department
of Public Works, Parks, Streets, Division of Recreation, to the
Position of Fee Collector, Seasonal, Non competitive, at the:
Flat Starting Salary of $ 5.15
MaryAnn Burvid 128 Sheffield Buffalo 14220
Kathleen Wachowicz 81 Barnard Buffalo 14206
Appointment Effective September 17,2002 in the
Department of Public Works, Division of Recreation to the
Position of Lifeguard, Seasonal,
Appointment at the Flat Starting Salary of: $6.25
Augustyn Eric 93 Baxter Buffalo 14207
Borne Davie 131 Kail Buffalo 14207
Centinello Frank 253 Davey Buffalo 14206
Crespo, Magdalia 379 Military Buffalo 14207
McMahon Joseph 139 Hartwell Buffalo 14216
Sanfilippo Joseph 222 Davey Buffalo 14206
Sterlace Nicholas 41 Kimberly Buffalo 14220
Appointment Effective September 17,2002 in the
Department of Public Works, Parks, Streets, Division of
Recreation, to the Position of Lifeguard, Seasonal,
Appointment, at the Flat Starting Salary of: $ 6.26 /hr.
Banas Jason 228 Esser Buffalo 14207
Appointment Effective: September 13, 2002 in the Department
of Public Works, Packs and Streets, Division of Streets, to the
Position of Seasonal Laborer II, Seasonal, Non - Competitive. at
the Flat Starting Salary of: $8.15/hr
Daniel D. Derfert 61 Pontiac Street Buffalo, NY 14206
Appointment Effective September 19, 2002 in the
Department of Public Works, Parks, Streets, Division of
Recreation to the Position of Swimming Pool Attendant,
Seasonal, at the flat Starting Salary of: $6.16 /hr.
Jenell McEwen 93 Gatchell Buffalo 14212
NO. 62
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.
DEPARTMENT OF FIRE
Appointment Effective September 16, 2002 in the Department
of Fire, Division of Fire, to the position of Firefighter,
Permanent, Appointment at the minimum starting salary of
$34,057.
Ross Nwachukwu 220 Blain(e)(sic) Avenue 14208
Patrick Dorman 127 Pries Avenue 14220
David Danieu 37 Yale Ave. 14210
Michael Kick 64 Hayden St. 14210
Chris Feuz 519 West Delavan 14222
Larry World 263 Grant Street 14213
Aimee Kinsley 535 Potomac Avenue 14222
Joseph Gerevics 21 Magnolia 14220
Eric Witkowski 385 Bristol 14206
Timothy Newman 23 Weaver Street 14206
Christopher Herbst 112 Montrose 14220
Christopher Moore 859 Humboldt Parkway 14208
Vernon Maddox 230 Newburgh 14215
John Hayes 9 Wildwood 14210
Edward Warren 1055 Abbott Road 14220
Michael Maly, Jr. 72 Longnecker14206
Kevin Lynch 35 Lorraine Avenue14220
Dwayne Scaife 196 Colvin Avenue 14216
Paul Eason Jr. 153 Commonwealth Avenue 14216
Anna Ventresca 84 Lorraine Avenue 14220
DEPARTMENT OF PUBLIC WORKS, PARKS AND
STREETS
Appointment Effective: September 17,2002 in the Department
of Public Works, Parks, Streets, Division of Recreation, to the
Position of Special Service Instructor I, Temporary as required,
Appointment, at the: Flat Starting Salary of: $ 6.75/hr.
Nieves Rebecca 239 15th Street Buffalo 14213
Wager Nicholas 412 Schiller Buffalo 14212
Appointment Effective September 17,2002 in the Department
of Public Works, Parks, Streets, Division of Recreation, to the
Position of Supervising Lifeguard, Temporary as required,
Appointment at the Flat Starting Salary of: $ 6.50
Cichowski Eric 10 Gorski Buffalo 14206
Van Alstine Sarah 371 Villa Buffalo 14216
Ziolowski Jamie 287 Choate Buffalo 14220
Zwawa Christine 37 Junior Buffalo 14206
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
N0. 63
CONCERNS — INSTALLATION
BFLO /CATHOLIC CTR BANNER
Regarding our recent conversation concerning the installation
of the Diocese of Buffalo /Catholic Center banners, I
have enclosed the exact location of the street light
standards for the banners. A copy of this
information was sent to James Zern, of the city
Streets Department. Additionally, I have shared my
views with Amy Schmit, the project manager for
Buffalo Niagara Medical Group, she foresees no
problem with the change in banners.
When complete, this project will enhance the presence of the
Diocese of Buffalo /Catholic Center in the downtown
community.
Please review the attached materials. Your approval is
requested to move this project forward to its completion. If you
have further questions, please contact me at 847 -8779.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
COMMISSIONER OF PUBLIC WORKS
NO. 64
J. Wooley Concerns
Grant Eligibility
Thank you for taking time to read this letter, Today I sat in on
the Council Meeting when the issue of 3 parcels of
property was being discussed. They were 854,
856 -858 and 864 Main Street. The Council voted to
sell these properties to a developer for $ 1.00. 1
have no problem with that. However; during the
process a few Council Members to include Antoine
Thompson and Brian Davis expressed concerns,
which I can truly identify with. A few people from
the audience also spoke. The basis of their
comments /suggestions were as follows:
- the City needs to recognize there are a lot of
people doing re -hab, renovations, redevelopment,
etc in and around Buffalo.
- residents in areas of vacant, boarded up eyesores welcome
the advances of anyone willing to take on the monumental task
of beautifying the City of Buffalo
- Council member Thompson mentioned a church which
requested assistance in getting vacant land near its' church to
develop. He mentioned their frustration with the red tape, etc
In 1999 my company purchased a 12 -unit apartment building at
290 -294 South Elmwood Avenue for $5 1,000 cash. The
building was a boarded up eyesore in downtown Buffalo just a
stones throw from City Hall. There was rampant prostitution,
drugs, violence and other problems due to the squatters and
criminal elements which had taken over the building. Windows
were smashed out and not one apartment within the building
was habitable. There was even an incident involving a heavy
drug /prostitution ring where a City Marshal who happens to be
Mayor Masiello's brother and I had to go to the building and
remove the occupants with weapons drawn. I bought the
building and after putting in over $100,000 labor, materials and
sweat equity I began to rent it out to tenants. The tenant base
has included a cross section
demographically, economically, socially and ethnically. Section
8, social services, a fireman, a postal worker, developmentally
disabled, handicapped, City Hall employees, Belmont,
computer programmers, College students, black, white,
Hispanic, Asian, gay, lesbian, etc.
From time to time I have had major problems with the building
to include drugs, violence, evictions, etc. I have sought
assistance and aside from the help from the City Marshal there
has been none. My company took a building which was behind
in taxes to the City of Buffalo to the tune of thousands of dollars
and an eyesore to the city. I paid the taxes. For those who look
at the building now, I have "before" pictures. Also, if our
company had received assistance financially it could be in
better condition. The building is at the start of the Preservation
District of the West Village. I have been following where
developers are given buildings for a dollar and then given
grants or low interest loans to re -hab and develop. I have no
problem with that. However; what about the small un -known
developers who do the same with personal private funds and
then run into trouble down the line. I admit, this project has
been a huge pill to swallow. It has cost me close to $200,000 in
personal funds not to mention other related problems. Presently
the building is in need of more re -hab work in order to bring it
up to a more acceptable level. I have become fi7ustrated with
the system regarding a smaller project on the east side on
Jefferson Avenue which I had sought a small $2000 grant to
add to the already $25,000 worth of materials and labor I had
personally invested in a building. This building was also an
eyesore and taxes due the City of Buffalo was over $20,000. 1
paid the taxes. The building was to become an incubator for
new start -up businesses as well as a job- training center. I was
turned down for the grant. Eventually I was forced to relinquish
the building. I am being told the BERC loan and other loans
and grants are based on personal credit. And if your credit is
not perfect then you will not have a chance. I am a real estate
broker, I do not run into too many people who have "perfect"
credit. One of the real estate agents in my office applied for a
BERC loan and other city loans and was turned down with
excuses each time. He has one of the most "perfect" credit
reports I have seen in a long time. I myself do not have
"perfect" credit. As a matter of fact due to the inability to attract
certain loans my credit has suffered tremendously during the
last few years. I see why others are not investing their personal
money and credit into the real estate ventures in this city.
Presently I am the victim of viscous attacks concerning my real
estate dealings. A Mr Richard Kern has added me, my family
and my business to his long list of stalking /slander victims.
This is what I get for attempting to assist this city while
providing a life for myself, family and the over 20 men and
women and their families I have employed during the last few
years. Some of you speak negatively of "predatory lenders ".
From my standpoint they have been the only ones willing to
assist the small developers in this area. Not everyone has the
"perfect" credit for a BERC loan or a 5.75% loan from Fleet,
M &T or HSBC. After purchasing the building at 290 -294 South
Elmwood Avenue I paid $4000 to have the assessment lowered
to decrease my tax costs. A few months later the city /county
raised the taxes on the building again. Gentlemen and Ladies I
am lost and confused. I hear everyone say we need people and
companies to do what I do. Now I know why. My business is
suffering. And there will be more blight if small developers like
J.E. Wooley Real Estate Co., Inc. does not receive the financial
assistance it needs. I can not continue to use personal funds
while others are able to use public funds and receive low
interest loans or grants. My company has proven itself and I
have proven my commitment to this City and this Country in
more ways than one. Show me how to tap into funds without,
as Council member Antoine Thompson said, "All the red tape."
While I should be receiving congratulations for what I have
done and tried to do; I am instead the target of an unwarranted
investigation by Mr Richard Kerns and his associates.
A few years ago I had inquired about purchasing the complex
at 485 Best Street to assist with the development of our entire
community to include job training for the youth of the area. I
was told the building was off limits. Now I see the building has
been sold for the development of a small segment of the
population and may even be used as a training site for
terrorism.
I know this letter is written in sporadic form, and I sincerely
apologize. However; I am in preparation for a court case
tomorrow morning involving Mr Kern. I know this letter will
somehow reach Mr Kern and his associates and be
mis- construed and somehow mis- interpreted. That is to be
expected. However; I expect someone to read this,
understand. and assist.
Yes, I made some mistakes, don't we all.
Perfection on earth has not yet been obtained.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT AND THE DIRECTOR OF STRATEGIC
PLANNING
No. 65
Concern
182 Garner
It has been 5 months since I sent you the attached letter and I
have had no response and seen no action on the
removal of the property at 182 Garner Avenue,
Buffalo 14213. Since that time, the home has been
broken into twice and the police have been to the
home checking it for illegal occupants. My tenant
reported 3 men coming out of the back of the
driveway to the police.
The home is again unboarded and open in the back. The
front railing of the porch and stairs. has been stolen off of
the home. What else has to happen before this is taken
seriously?
I am extremely concerned about drug trafficking out of the
home and the possibility of a fire being set and spreading the
adjacent homes, especially my home at 180 Garner Avenue.
Please file this for presentation at the common council meeting
and take action to demolish this health and safety hazard.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
COMMISSIONER OF PERMITS AND INSPECT AND THE
CORPORATION COUNSEL
NO. 66
INFO — CITISTAT
M. POWELL
Joe, I saw the Esmonde article on CitiStat. Just to update, we
saved an additional $30 million in our second fiscal
year, bringing the total savings to over $43 million,
against expenditures of probably around $750,000
oust a guess). Let me know if we can be of any
more assistance, and good luck.
REFERRED TO THE OFFICE OF THE MAYOR
No. 67
Buffalo Architectural Salvage Committee
Executive Summary /Project Overview
September, 2001
Introduction: One of Buffalo's outstanding features is its
neighborhoods. Each neighborhood has a distinct persona
defined by its initial development and subsequent history. It is
crucial to examine opportunities for neighborhood preservation
in all its aspects. When Buffalo's west side was built up in the
late 19' century, homes had a high density. As Buffalo's
population has decreased, it is difficult to sustain the density of
the housing stock, consequently many homes are scheduled
for demolition within the next three years, victims of blight and
neglect. As lots become created, it will be important that the
overall neighborhoods do not decline as a result of these
demolitions.
Equally important is the opportunity to preserve components of
Buffalo's legacy. Homes which were created in the 19' century
have unique architectural features which should be preserved
either for artifacts of 19' century building examples in Buffalo,
or for reinstallation in homes which are being restored in
Buffalo which may match the type of home being demolished.
Through the efforts and cooperation of the City of Buffalo and
Erie County, there is an increased emphasis on deconstruction
demolitions, or demolitions which attempt to recycle the
building materials contained within these homes.
Objective: Explore feasibility of salvaging architectural
elements from structures being demolished in the City of
Buffalo (both city and privately owned) with hope of creating a
sustainable program for evaluation and extraction of significant
architectural elements for re -use and deployment in homes
being restored by city residents.
Background: The majority of Buffalo's housing stock in west
and cast side was constructed between 1865 and 19 10. Many
elements of homes being demolished can be easily reinstalled
in existing homes because they come from the same time
period.
Process: Architectural elements are identified in homes being
demolished. They are removed, inventoried and stored in a
storage area. Individuals who are restoring homes in the City of
Buffalo would
have access to this inventory for installation in properties they
are restoring for a nominal fee, An attempt would also be made
to document historically important buildings which are being
lost including photographs of the building and procurement of
historic documents such as title searches.
Market: Although a formal needs -based market study has not
been done, there are many potential uses for this project. First,
there is the opportunity for preservation of significant elements
of 19 "' Century Buffalo craftsmen. Many elements, such as
window moldings, scroll work, etc. n -lay be classified as folk art
and may be candidates for preservation for posterity. If program
can be made to be ongoing, then an opportunity may arise to
create a brokerage list of items -
Buffalo residents and owners of homes in the city can identify
which elements they need and those items could be extracted
from homes, to reduce the amount of inventory that would be
stockpiled for re -use. As a resource, this may induce future
homeowners to purchase homes in the city, knowing that they
may be able to restore missing elements from their home
based on salvaged materials from demolished homes. Another
market may be introduction of architectural elements in
restaurants or public places or to be incorporated into original
works of art. Recently architectural elements surfaced for the
Mark Twain museum from the original Mark Twain house
demolished in the 1960s, showing the diversity of re -use
potential and the desire for Buffalonians to preserve their
neighborhood legacies. One thing is certain however, once the
homes are demolished, the opportunity will never again arise.
Precedent: There are examples of other successful programs
like this in the country. most notably, Historic Albany
Foundation ( http : / /vAv— v.historic- albany.org) and Architectural
Salvage of Greensboro.
Best Practices: The program works best when only one
organization (not- for - profit') is involved. The public and the city
buy -in is most effective if all profits go back to improving the
program or to the organization.
There must be a 24 -hour accessible, roofed, secure site for
storage. A separate area should be set tip for hardware and
easily pocketed objects. Hours open for buyers are generally
limited to weekends or even a few "event" days a year. The
salvaging itself takes some coordination, and it is best to have a
paid staffer do it. Volunteers love doing the work. Cataloging is
important, especially for things like flooring (room size, etc. of a
given bundle)
Benefits: Preservation of Buffalo's unique housing elements
Catalyst for neighborhood stability Re -use of green elements
Entity which can re- invest dollars back into
preservation /housing causes Entity which can serve as a
receiver for donations from individuals who may be hoarding
items and not sure what to do with them Educational
opportunity (potential internships) for documentation, Buffalo
construction types, retailing, motifs etc.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 68
J. GORDON CONCERNS
27 HEWITT AVE
I am a disappointed homeowner in the city of Buffalo, I moved
in this property in April, 2002 and I have had this
ongoing problem since. I have contacted persons
who I thought to be the proper authorities but to no
avail, I haven't gotten any help. My problem is this; I
live in the University District, Hewitt Avenue off of
Parkridge on the dead end section. I currently live
next to individuals whom I believe run a dog kennel
or dog daycare right out of their residential home. I
have counted on numerous occasions over 20 dogs
in that household. The smell of the dogs and the
feces is killing me and my family we have to go
outside and decide if this is one of the good days to
sit out or cookout because of the odor that ferments
from that home. We have to decide if we are going
to open the windows or not and if we do what will
come through. The dogs in that residence are
barking, whining and making it miserable for me
and my family. As a homeowner I thought
homeownership was to be a wonderful thing. Well
this is making it a regrettable situation for us. I need
for someone to hear my cry and help me with this
unbearable situation and I need help NOW. Is it
because live in a neighborhood where individual
income is less than $ 100,000 a year? Is it because
I live in a neighborhood where the majority is black
americans ? Is it true that no one cares about what
goes on in my neighborhood and the quality of life
for us? Isn't this dog feces situation a health issue?
Isn't this dog situation and illegal issue? Why
should I have to go out in my yard and smell terrible
disgusting odors as these and I don't even own a
dog. If people are going to own animals they have to
be responsible owners. When I brought this
property I did not know I was moving next to a dog
kennel and isn't it illegal to own or have more than
three dogs in a residential home in the city of
buffalo; and why can't I get any response to my
issues and concerns I am at the point of begging
for someone to resolve this issue for me so that I
can enjoy the outdoors again without worrying about
if it is going to be a good day or not to go outdoors
on my own property.
PLEASE HELP ME .................... I NEED RESULTS.
The property of concern is 27 Hewitt Avenue, Buffalo, NY
14215.
1 thank you in advance for your help.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
COMMISSIONER OF PUBLIC WORKSTHE
COMMISSIONER OF PERMITS AND INSPECTIONS, THE
CORPORATION COUNSEL
AND THE CITY CLERK
NO. 69
D. ADAMS JR.
MAIN — LASALLE PHASE II
It was my understanding that the City of Buffalo had committed
to myself and other homeowners of William Price
Pkwy, that Main LaSalle Phase 11 would be
completed.
To date, I have seen no evidence that this is happening. As I go
to and from work along LaSalle St, all I see are several
dilapidated houses and business that are taking away from the
value and the intentions of the Main LaSalle development.
I am writing to encourage you to please go forward with the
acquisition of these eyesores so they can be demolished to
make way for
Phase 11.
I feel that Phase I is a huge success and Phase U will continue
to redefine our city as the place to be in Erie County.
REFERRED TO THE COMMITTEEE ON COMMUNITY
DEVELOPMENT AND THE DIRECTOR OF STRATEGIC
PLANNIN
NO. 70
Saunders Center Expansion
Construction Bids
Attached are the bid tabulations for the Saunders Center
Expansion Project. The low
bidders were as
follows:
Wilsandra Construction (General)
$314,900
J. W. Danforth (Mechanical)
$ 94,900
W. C. Roberson (Plumbing)
$ 10,970
Warren's Electric (Electrical)
$ 17,804
Total Bid
$438,374
10% Contingency
$ 43,837
Total Required
$482,211
Total Available
$319,353
Funding Shortfall
$162,858
Say
($163,000)
As shown above, this project is underfunded by $163,000.
Because of the shortfall, Public Works Parks & Streets cannot
issue contracts and cannot proceed further. If you can secure
the additional funding in the next 45 days, we will report the
bids to Council.
REFERRED TO THE COMMITTEE ON FINANCE AND HE
COMMISSIONER OF PUBLIC WORKS
NO. 71
RECRUTING AND RETAINING WOMEN
A Self Assessment Guide for Law Enforcement Agencies
Presentation to the Police Reorganization Committee
Buffalo Common Council
September 26, 2002
By
Patricia F. Harris
MS Police Administration
Michigan State University
Regional Representative, National Center for Women &
Policing
I. Purpose for today's presentation:
Raise awareness of critical issues, and provide useful
resources.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE
REORGANIZATION
NO. 72
CONCERNS
DUMPSTER PICKUP
PROVATIZE SERVICES
Local 264 formally requests that the Common Council
review the actions taken by the Department of Public
Works relative to dumpster pickups at the Board of
Education and commercial accounts and the apparent
efforts to privatize services. Local 264 wishes to bring to
your attention to the problems being created by the
Department of Public Works (DPW) within the Division of
Sanitation.
During the month of July, the DPW was supposed to give the
Board of
Education (BOE i a cost proposal for the continued
dumpster services at the city schools. The BOE presently
pays $88,000 to the DPW for the service, a fraction of the
real cost for the service. A proposal was never presented
to the BOE for the dumpster services. Instead the DPW
waited until late August to send letters to the BOE and all
other entities that were receiving dumpster service,
informing them that DPW would not be providing the
dumpster service as of October 1 2002. By not providing
proposals to the Board of Education in a timely
professional manner, they have left them in a precarious
situation.
From the information we've gathered, it appears as though the
Department of Public Works administrators have precipitated
the dismantling of the dumpster services for commercial trash
pick -up.
We believe that this has been done purposely to facilitate
privatization of the dumpster pickup throughout the City of
Buffalo. The lack of responsible action, planning and
implementation from the Department of Public Works has now
created an emergency situation that they will use to justify the
privatizing of the dumpster service.
The privatization of the dumpster service will greatly increase
the cost to the Board of Education and to community based
organizations. The decision to privatize will directly and
indirectly increase the City of Buffalo's financial burden.
We do not think that negligence and incompetence by
convenience should justify the privatization of city services,
bargaining unit work and community jobs that support the city's
tax base.
We believe that the Department of Public Works, by not
properly preparing and submitting proposals to the Board of
Education, has been willfully negligent in its' duty to provide
services.
In addition, we also hear strong rumors that the Department of
Public Works is planning to privatize the recycling program.
We feel that the systematic dismantling of city services is a
travesty to the citizens of Buffalo and will only serve to help
those who wish to force the City of Buffalo into financial ruin.
REFERRED TO THE SPECIAL COMMITTEE ON TAYLOR
LAW IMPASSE, THE COMMISSIONER OF PUBLIC
WORKS AND THE CORPORATION COUNSEL
NO. 73
CONCERNS — RECYCLING PROGRAM
Local 264 formally requests that you intervene and stop
the Department of Public Works actions of systematically
dismantling and privatization of the recycling program.
It is my understanding that the Department of Public
Works intends to privatize the recycling program as of
November 1st. Local 264 believes that the Department of
Public Works purposely inflated the costs of recycling to
justify their move towards privatization.
Local 264 has participated and put forth every effort to help
streamline the services of garbage and recycling pickup. The
Department of Public Works hired a consultant to design a
program, produce maps and set routes for the garbage pickup
within the five areas throughout the City, which cost in the area
of $100,000. Very early in the formulation of the consultants
plan, our members pointed out several deficiencies. None of
their recommendations were included in the plan.
Subsequently, the consultants failed miserably with their plan.
The Department of Sanitation employees (Local 264 members)
have come together to revise the plan and the maps to insure
proper pickup of the residents' garbage. Not only were the
maps and the plan produced by the consultant useless, but
they also made no provisions to include plans for recycling. The
union members helped to create and are ready and willing to
participate in a newly designed plan, which would integrate the
garbage pickup and the recycling pickup and was to be
implemented in mid - September. This plan would greatly
increase the efficiency of the recycling program. This program
was put on hold by the Department of Public Works
administrators. Why?
This action seems to have been done purposely to keep the
costs of the recycling program as high as possible in order to
justify privatization. We are ready to meet with the Council, the
Department of Public Works and anyone else that is necessary
in order to save this program.
Judging by the lack of planning for the recycling with the
consultant, the refusal to implement a plan that could improve
the efficiency of the program and the practice of purposely
inflating the costs to the recycling program, leads us to believe
that this has been a long term plan and was done with full
intent to privatize. Privatization of this service is not in the best
interests of the citizens of Buffalo. It will cost the City more
money to perform these services under a private contractor and
there will be less flexibility of the work force in order to insure
proper services throughout the City.
Thank you for your assistance in this matter. If you have any
questions, please contact me.
REFERRED TO THE TAYLOR LAW IMPASSE
COMMITTEE, THE COMMISSIONER OF PUBLIC WORKS
AND THE CORPORATION COUNSEL
No. 74
HISPANICS FOR FAIR AND EQUITABLE
REAPPORTIONMENT
RALPH R. HERNANDEZ, ALNILDA ALBIZU And GILBERT
HERNANDEZ, Plaintiffs,
ANTHONY M. MASIELLO as Mayor of the
City of Buffalo COMMON COUNCIL OF THE CITY OF
BUFFALO, by its members, Dominic Bonifacio, Marc A.
Coppola, Brian Davis, Charles H. Fisher, 111, Joe Golombek,
Betty Jean Grant, .Beverly A. Gray, Rosemarie LoTempio, Mary
Martino, James W. Pitts and Antoine M. Thompson
CITY OF BUFFALO and
ERIE COUNTY BOARD OF ELECTIONS, by its members,
Ralph K. Mohr and Lawrence Adamczyk,
Defendants.
To the above named Defendant(s):
YOU ARE HEREBY SUMMONED AND REQUIRED to serve
upon the Plaintiffs attorney, at the address stated below, a
written Answer to the attached Complaint. If this Summons is
served upon you within the State of New York by personal
service you must respond within twenty (20) days after
service, not counting the day of service. If this Summons is
not personally delivered to you within the State of New York
you must respond within THIRTY (30) days after service is
completed, as provided by law. If you don not respond to the
attached Complaint within the applicable time limitation stated
above a Judgement will be entered against you, by default, for
the relief demanded in the Complaint, without further notice to
you. This action is brought in the County of Erie because of
Plaintiff's residence, or place of business
REFERRED TO THE CORPORATION CONSEL AND CITY
CLERK
COPY AVAILABLE IN CITY CLERKS OOFFICE FOR
REVIEW
NO. 75
INFO DOG OWNERSHIP
CONCERNS
Concerned dog owners and citizens of Buffalo have recently
contacted the American Kennel Club regarding
legislation that will dramatically affect their ability to
own dogs. We are respectfully writing to you on
their behalf.
The American Kennel Club (AKC), established in 1884 to
promote the study, breeding, exhibiting, and advancement of
purebred dogs, now represents over 4,500 dog clubs
nationally, including 220 clubs in the state of New York. The
American Kennel Club supports the adoption of reasonable,
enforceable, non - discriminatory laws to govern the ownership
of dogs. We understand that it can be a rather daunting task to
develop legislation that will allow responsible citizens to enjoy a
myriad of activities with their dogs while at the same time
protecting all people from the actions of irresponsible dog
owners. We believe, however, that this balance is attainable.
We understand that the City of Buffalo is considering
strengthening its dangerous dog ordinance. The AKC believes
that dog owners should be responsible for their dogs and that
laws should Impose appropriate penalties on irresponsible
owners. Communities must establish a well- defined procedure
for dealing with dogs proven to be dangerous which includes, if
necessary, the destruction of such animals. In order to be
effective, such legislation should not single out specific breeds
or phenotypic classes of dogs. Deeds, not breeds, should be
addressed. Any proposal that did target breeds would be in
direct conflict with New York's dangerous dog law, which
precludes cities from enacting breed - specific legislation.
The American Kennel Club and your constituent dog owners
would like to assist you in developing a workable dangerous
dog law that will address specific, measurable criteria of
dangerous actions; a method whereby a dog is determined to
be dangerous; and an appropriate range of remedies should a
dog be found to be dangerous.
Thank you, in advance, for your consideration. We look forward
to working with you as this issue progresses.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 76
INFO 529 -535 MONROE ST
I enclose herewith a copy of a letter dated April 5, 2002.
1 have a gentlemen's agreement with the City of Buffalo that
while the property 535 is in the hands of the City of Buffalo in
Title that they will grant the easement for Egress to the rear of
the property at 529 Monroe St.
I have not been able to finalize this for many reasons but we
are now asking that we be advised of what steps we have in
order to have the Common Counsel or another City agency
finalize this matter for us.
The building inspector Bob Detellis is on vacation until 10/1/02
and we understand that the property at 535 Monroe was ready
for sale but the financing fell through. We would like to satisfy
this client immediately and request your assistance. I am
available by letter, phone or personal meetings at any time.
REFERRED TO THE COMMITTEE ON FINANCE THE
CORPORATION COUNSEL AND THE DIRECTOR OF REAL
ESTATE
NO. 77
KENSINGTON EXPRESSWAY
SAFETY STUDY REPORT
Please file the following correspondence for the next Council
Meeting
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR
REVIEW
PETITIONS
NO. 78
J. HURLEY, AGENT, USE 346 ONTARIO FOR PARKING
LOT
ENLARGEMENT, PAVING & DRAINAGE. (HRG. 10/8)
REFERRED TO THE COMMITTEE ON LEGISLATION,
DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING
BOARD AND CORPORATION COUNSEL.
NO. 79
Waidene Murphy.Agent , Use 35 Parade Circle East -
Illuminated Ground Sign
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
REGULAR COMMITTEES
CIVIL SERVICE
(MARC A. COPPOLA, CHAIRPERSON)
NO. 80
APPOINTMENT
SR. ACCOUNTANT (INTER) (COMPT.)
(ITEM NO. 22- C.C.P. SEPT. 3, 2002)
That Communication 22, Sept. 3, 2002 be received and filed
and the provisional appointment of Claudia Zona - Panczyk
stated above at the intermediate salary of $38,385 effective on
July 30, 2002 is hereby approved.
PASSED
AYES -13 NOES -0
NO. 81
APPT.- DEPUTY COMM. OF COMM. SVS. -YOUTH COURT
DIVISION (COM. SVS.)
(CCP #58 -JULY 23, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 82
APPOINTMENT
ASSOCIATE ACCOUNT CLERK (INTER) (PW)
(ITEM NO. 36- C.C.P. SEPT. 17, 2002)
That Communication 36, Sept. 17, 2002 be received and
filed and the permanent appointment of Karen P. Harding
stated above at the intermediate salary of $28,896 effective on
September 9, 2002 is hereby approved.
PASSED
AYES - 13 NOES - 0
NO. 83
NOTICES OF APPT. -TEMP. /PROV. /PERM. (C. CLK.)
(CCP #54 -SEPT. 17,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
FINANCE
(BETTY JEAN GRANT, CHAIRPERSON)
NO. 84
CASH FLOWS- 7 /L /01- 6 /30 /02- ACTUALS- COB /BD. ED.
(COMPT.)
(CCP #16 -SEPT. 17,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 85
LEASE AGREE. - COB / PRATT WILLERT COMM.
CTR. /SCH.#47 POL. BD. -USE 406 PRATT ( #I
3,1 /13)(STRAT. PLAN.) (CCP #76 -DEC. 11, 0 1)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 86
SALE OF PORTION OF 762 ELMWOOD AVE. (EXC. I"
RES.)
(CCP# 159 -JULY 9, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 87
ROOSEVELT PARK SHELTER HOUSE IMPROVEMENTS -
REPORT OF BIDS
(ITEM NO. 37, C.C.P., SEPT. 3, 2002)
(ITEM NO. 107, C.C.P., SEPT. 17, 2002)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mrs. Grant moved that the above item be recommitted to the
Committee on Finance.
ADOPTED
NO. 88
LOCAL LAW INTRO. NO. 11 (2002) -REAL PROPERTY
TAX'EXEMPTION
(ITEM NO. 134, C.C.P., SEPT. 3, 2002)
(ITEM NO. 157, C.C.P., SEPT. 17, 2002)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mrs. Grant Moved:
That the Local Law as contained in Item No. 157, C.C.P.,
September 17, 2002, be and the same hereby is approved.
PASSED
AYES -13 NOES -0
NO. 89
REAL PROP. TAX EXEMPTION- 1 ST TIME HOMEBUYERS
OF NEWLY CONST. HOMES (ASSESS /TAX)
(CCP #29 -SEPT. 3, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 90
APPOINTMENT OF INDEPENDENT LEGAL COUNSEL FOR
COMMON COUNCIL
(ITEM NO. 42, C.C.P., SEPT. 17, 2002)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mrs. Grant moved that the above item be recommitted t(, the
Committee on Finance.
ADOPTED
NO. 91
K. BARRECA - BRIGHT GREETINGS, REQUEST TO
INCORPORATE "SUN" WINDOW
(ITEM NO. 70, C.C.P., JULY 23, 2002)
That the City of Buffalo does hereby authorize Bright
Greetings to utilize the image of the stained glass "Sun" in
Council Chambers for greeting cards on a nonexclusive basis.
PASSED
AYES -13 NOES -0
NO. 92
ELLICOTT DEV. CO. - PAINTING OF SIDEWALK - 252
DELAWARE AVENUE
(ITEM NO. 74, C.C.P., JULY 23, 2002)
That Ellicott Development Company be permitted to paint the
sidewalk within the limits of 252 Delaware Avenue at The Red
Room subject to the conditions as set by the Department of
Public Works, Parks and Streets.
PASSED
AYES -13 NOES -0
NO. 93
C. FISHER -C. HUNTER - CONCERNS - LISBON AVE. (PW)
(CCP#42 -SEPT. 3, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 94
C. FISHER -C. HUNTER - CONCERNS - CONDITIONS OF
LISBON & HIGHGATE AVE. (POL.)
(CCP #58 -SEPT. 3, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 95
C. FISHER -A. MIDDLEBROOKS- CONCERNS- 114 LOCUST
ST. (POL.)
(CCP #57 -SEPT. 3, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 96
A. THOMPSON - NON - DISCLOSURE, CONFIDENTIALITY
& LICENSING AGREEMENT (FLARE)
(ITEM NO. 93, C.C.P., JULY 23, 2002)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mrs. LoTempio moved that the above item is hereby referred to
the Committee on Community Development
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 97
PURCHASING OF SNOW FIGHTING EQUIPMENT
(ITEM NO. 54, C.C.P., SEPT. 3, 2002)
That the Department of Public Works, Parks and Streets be,
and he hereby is authorized to accept the offer from Buffalo
Truck to accept three surplus transfer trailers toward the
purchase of snow fighting equipment as credit to repair truck
S -42 the fire damaged snowplow.
PASSED
AYES -13 NOES -0
NO. 98
PURCHASING OF SNOW FIGHTING EQUIPMENT (PW)
(CCP #35 -SEPT. 17,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
LEGISLATION
(RICHARD A. FONTANA, CHAIRMAN)
NO. 99
R. KUBINIEC, PETITION TO USE 253 ALLEN STREET -
SIT -IN RESTAURANT
(ITEM NO. 63, C.C.P., SEPT. 17, 2002)
That after the public hearing before the Committee on
Legislation on September 24, 2002, the petition of R. Kubiniec,
agent, for permission to use 253 Allen Street for a sit -in
restaurant with a sidewalk cafe be, and hereby is approved
subject to the conditions set by the City Planning Board; and
That pursuant to Section 511- 55(I), such use shall be
continuous and shall run irrevocably with the land; and
1 . That no outside music be permitted on the sidewalk caf6.
2. That the sidewalk caf6 close no later than 11:00 p.m. on
weeknights and 12:00 a.m. on weekends.
3. That there be no outside trash receptacles permitted on the
sidewalk cafe.
PASSED
_y /x.IiBl►161*=01
NO. 100
W. STOECKERT, PETITION TO USE I I CITY SHIP CANAL
- TRAILER OFFICE
(ITEM NO. 64, C.C.P., SEPT. 17,2002)
That after the public hearing before the Committee on
Legislation on September 24, 2002, the petition of W.
Stoeckert, agent, for permission to use I I City Ship Canal for a
trailer for a business office be, and hereby is approved with the
conditions as determined by the City Planning Board.
PASSED
AYES -13 NOES -0
NO. 101
JIN YAN ZHANG, PETITION TO USE 3162 BAILEY
AVENUE - RESTAURANT
(ITEM NO. 65, C.C.P., SEPT. 17, 2002)
That after the public hearing before the Committee on
Legislation on September 24, 2002, the petition of Jin Yan
Zhang, owner, for permission to use 3162 Bailey Avenue for a
restaurant with a one family dwelling be, and hereby is
approved.
PASSED
AYES -13 NOES -0
NO. 102
S. JOSEPH, PETITION TO USE 1487 HERTEL
AVENUE - RESTAURANT
(ITEM NO. 66, C.C.P., SEPT. 17, 2002)
That after the public hearing before the Committee on
Legislation on September 24, 2002, the petition of S. Joseph,
owner, for permission to use 1487 Hertel Avenue for a
restaurant be, and hereby is approved.
PASSED
AYES -13 NOES -0
NO. 103
IN CAR PARKING METER SYSTEM /DISABLED PARKING
AT METERS
(ITEM NO. 78, C.C.P., SEPT. 5,2002)
That the Commissioner of Administration and Finance, be,
and he hereby is authorized to award a contract for the In Car
Parking Meter System, to Ganis SP, Inc.
PASSED
AYES — BONIFACIO, COPPOLA, DAVIS, FISHER,
FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY,
LOTEMPIO, MARTINO, PITTS- 12 NOES — THOMPSON — 1
NO. 104
NOTIFICATION SERIAL #9504
(CCP #21 -SEPT. 17,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 105
C. HELMINIAK -REQ- PKG. ON BOTH SIDES OF
DEMPSTER ST. AFTER 4:00 PM
(CCP #89 -APR. 30,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 106
USED CAR DEALER LICENSE - 1890 CLINTON AVENUE
(ITEM NO. 46, C.C.P., SEPT. 17, 2002)
That a Used Car Dealer license to Frank Komorowski d /b /a
K- Enterprises, 1890 Clinton Avenue be and hereby is denied
due to its proximity to a residential community.
ADOPTED
NO. 107
B. DAVIS -S. JARRETT, JR. -INFO. - BATTAGLIA DEMO.
(CCP #70 -JUNE 25, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 108
B. DAVIS -S. JARRETT, JR. -INFO. - BATTAGLIA DEMO.
(PERMITS /INSP.)
(CCP #66 -JULY 23, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 109
S. SPINKS- NOTICE OF DEFICIENCY - RIVERWALK
(CCP #80 -JULY 9, 02)
That the above item be and the same hereby is received and
filed.
/G19101i9:191
COMMUNITY DEVELOPMENT
(ANTOINE M. THOMPSON, CHAIRMAN)
NO. 110
ANNUAL AUDIT FYE DECEMBER 31, 2001 (BERC)
(CCP #60 -JUNE 25, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 111
ANNUAL AUDIT -FYE MAY 31, 2001 (BERC)
(CCP #51 -APR. 16,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 112
BERC'S 2001 -2002 ANNUAL REPORT & WORK PLAN
(BERC)
(CCP #50 -JUNE 11, 02)
That the above item be and the same hereby is received and
filed.
AIDOPTED
NO. 113
FUNDING CUTS IN POOREST HOUSING AREAS
(CCP #176 -JUNE 25, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 114
S. GEHL & O -REQ. CITY STOP IMPLEMENTATION OF
SECTOR SIX PLAN (CP)
(CCP #26 -JUNE 25, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 115
NYSDED -BFLO. OUTER HARBOR BROWNFIELD
SITE -FACT SHEET -2/02
(CCP #66 -FEB. 19,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 116
A. THOMPSON -VAR. LETTERS SUPP. REMODELING
BLDG. -735 HUMBOLDT PKWY.
(CCP #85 -APR. 2,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 117
A. THOMPSON -J. GIAMBRA -735 HUMBOLDT
PKWY. - MASTEN CAO BUILDING
(CCP #87 -APR. 16,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 118
A. HOPSON - CLEMONS & O- OBJECT TO COB SALE OF
735 HUMBOLDT PKWY.
(CCP #102 -APR. 30,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 119
E. MORRIS & O- OBJECT TO SELLING 735 HUMBOLDT
(CCP #109 -MAY 14,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 120
C. FISHER -P. SMITH -DRAFT GENERIC ENV. IMPACT
STATEMENT -CITY OF ROCHESTER
(CCP #81 -APR. 30,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 121
C. FISHER - ROCHESTER NY ZONING REV. PROJECT
(CCP #82 -APR. 30,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 122
MICHIGAN AVENUE REDEVELOPMENT PROJECT
(ITEM NO. 142, C.C.P., DEC. 26, 2001)
That this Common Council requests the Office of Strategic
Planning file a response outlining what specific efforts have
been taken to assist Norstar Development USA to redevelop
the area; and
That representatives from Norstar Development USA be
requested to appear before this Honorable Body to provide an
update on plans to complete the Ellicott Town Center Complex.
ADOPTED
NO. 123
TRANSFER OF FUND PARKSIDE LODGE (STRAT PLAN)
(CCP #13 -MAY 28,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 124
A. DORN- RESPONSE -F. REDD- GREATER BLFO SVGS.
BK /DEBT TO COB
(CCP #62 -APR. 16,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 125
A. DOM -EST. GREATER BLFO SAV. BK. MAIN
OFFICE -MAIN & JEWETT (CP)
(CCP #26 -APR. 30,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO.126
CENSUS 2000 DATA PRODUCTS AT A GLANCE (STRAT
PLAN.)
(CCP #14 -JUNE 25, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
SPECIAL COMMITTEES
POLICE REORGANIZATION & OVERSIGHT COMMITTEE
(DOMINIC J. BONIFACIO, JR, CHAIRMAN)
NO. 127
B. GRANT- CONCEMS- KEN - BAILEY COMM. CTR.
(CCP #71 -MAR. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 128
B. GRANT- CONCERNS - KEN - BAILEY COMM. CTR. (POL.)
(CCP #39 -MAR. 19,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 129
REPEAT OF THE ROCKEFELLER DRUG LAWS
(CCP #182 -APR. 16,02)
That the above item be and the same hereby is received and
filed.
Mr. Bonifacio moved that the above item be recommitted to the
Committee on Police Reorganization.
ADOPTED.
NO. 130
REPEAL OF THE ROCKEFELLER DRUG LAWS (POL.)
(CCP #60 -APR. 30, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 131
C. FISHER - COMMENTS -TASK FORCE TO REDUCE
VIOLENCE
(CCP #83 -APR. 30,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 132
FED. GUIDELINES FOR GUN SEIZURES (POL.)
(CCP #61 -SEPT. 3, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 133
POLICE SERVICE WITHIN COB (POL.)
(CCP #62 -SEPT. 3, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
RESOLUTIONS
NO. 134
BY. MR. COPPOLA
SALARY ORDINANCE AMENDMENT
37 - DIVISION OF WATER
1380 - MECHANICAL SERVICES
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 37 - Division of Water, 1380 - Mechanical
Services, is hereby amended with the addition:
1 General Mechanic $ 28,179 - $ 31,838
JOSEPH N. GIAMBRA, COMMISSIONER PUBLIC WORKS,
PARKS & STREETS 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.
JOSEPH N. GAMBRA
COMMISSIONER PUBLIC WORKS,
PARKS & STREETS
JAMES B. MILROY /Ph.D.
DIRECTOR OF BUDGET
APPROVED AS TO FORM
Corporation Counsel
09/10/02 Attachment
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 135
BY: MR. COPPOLA
SALARY ORDINANCE AMENDMENT
65 - PERMIT & INSPECTION
1150 - HOUSING & INSPECTION
The Common Council of the City Of Buffalo does ordain as
follows:
Thai part of Section I of Chapter 35 of the Code of the City of
Buffalo, relating to 65 - Division of Permit & Inspection, 115 0 -
Housing & Inspections which currently reads:
1 Housing Court Representative $ 40,039 - $ 46,225
45 Building Inspector $ 37,868 - $ 43,809
Is hereby amended to read:
46 Building Inspector $ 37,868 - $ 43,809
IT is HEREBY CERTIFIED, pursuant to Section 3 -19 of the
Charter, that the immediate passage of the foregoing ordinance
is necessary.
RAY MCGURN, COMMISSIONER PERMITS AND
INSPECTIONS 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.
RAY MCGURN
COMMISSIONER OF PERMITS AND
INSPECTIONS
JAMES B MILROY PH.D
Director of Budget
APPROVED AS TO FORM
Corporation Counsel
09/24/02 Attachment
PASSED
AYES -13 NOES -0
NO. 136
BY: MR. COPPOLA
DISCHARGE CIVIL SERVICE COMMITTEE
ITEM #51 C.C.P. MAR. 5,2002
"INCREASE -BMHA SUBSIDY (A &F)"
Whereas: The above item is currently in the Civil Service
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 Civil
Service Committee from further consideration of Item 5 1,
C.C.P. Mar. 5, 2002 "Increase BMHA Subsidy (A &F)" and said
item is now before the Common Council for its consideration.
Seconded by:
Marc A. Coppola
Mrs. LoTempio moved that the above item be received and
filed.
Adopt Discharge
RECEIVED AND FILED
NO. 137
BY: MR. COPPOLA
DISCHARGE CIVIL SERVICE COMMITTEE
ITEM #55 C.C.P. DEC. 11, 2001
"MEMO /AGREE -BMHA LOC.
#264 - AFSCME- AFL - CIO /BLUE COLLAR
UNIT ( #61, 11 /13)(BMHA)"
Whereas The above item is currently in the Civil Service
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 Civil
Service Committee from further consideration of Item 55,
C.C.P. Dec. 11, 2001 "Memo /Agree -BMHA Loc.
#264- AFSCME- AFL - CIO /Blue Collar Unit ( #61,
11/13)(BMHA)" and said item Is now before the Common
Council for its consideration.
Seconded by Mr. Davis
ADOPT DISCHARGE
Mrs. LoTempio moved:
That the Memorandum of Agreement between the Buffalo
Municipal Housing Authority and Local 264, AFSCME,
AFI -CIO Blue Collar Unit for the period commencing, July 1,
2000 through June 30, 2004 be
and hereby is approved and ratified.
PASSED
AYES - 13 NOES -0
NO. 138
BY: MR. COPPOLA
DISCHARGE CIVIL SERVICE COMMITTEE
ITEM #54 C.C.P. DEC. 11, 2001
"MEMO /AGREE- BMHA/AFCME, L. #264 -WHT.
COL.- SAL. /LONG SCH.( #87,
10/16)( #114, 9 /4)(BMHA)19
Whereas: The above item is currently in the Civil Service
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 Civil
Service Committee from further consideration of Item 54,
C.C.P. Dec. 11, 2001, "Memo /Agree - BMHA /AFSCME
L. #264 -Wht. Col. -Sal. /Long Sch. (#87,10/16) ( #114, 9/4)
(BMHA)" and said item is now before the Common Council for
its consideration.
Seconded by: Mr. Thompson
ADOPT DISCHARGE
Mrs. LoTempio moved:
That the Memorandum of Agreement between the Buffalo
Municipal, Housing Authority and Local 264, AFSCME,
AFLCIO White Collar Unit and Salary & Longevity Schedules
for Exempt and Non Represented Employees of the BMHA for
the Period Commencing July 1, 2000 through June 30. 2004
be and hereby is approved and ratified.
PASSED
AYES- 13 NOES-0
NO. 139
BY: MR. COPPOLA
DISCHARGE CIVIL SERVICE COMMITTEE
ITEM #62 C.C.P. DEC. 26,2001
"R. LARUSCH- A.F.C.M.E. -REQ. APPR.- CONTRACT
BMHA"
Whereas: The above item is currently in the Civil Service
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 Civil
Service Committee from further consideration of Item 62,
C.C.P. Dec. 26, 2001 "R. Larusch- A.F.C.M.E. -Req.
Appr.- Contract BMHA" and said item is now before the
Common Council for its consideration.
Seconded by: Ms. Gray
Mrs. LoTempio moved that the above item be and the same is
hereby
Received and Filed.
ADOPT DISCHARGE
RECEIVED AND FILED
NO. 140
BY: BRIAN C. DAVIS
PERMISSION TO HANG "TRINITY WHITE ELEPHANT
SALE" BANNER
Whereas: The Trinity Episcopal Church is celebrating its
Annual "Trinity White Elephant" Sale; and
Whereas: Representatives from the Trinity
Episcopal Church have requested
Permission to utilize two street light posts to hang a banner
across Delaware Avenue From Sunday, October 20, 2002
through Saturday, November 9, 2002 in celebration of this
event; and
Whereas: The Trinity Episcopal Church representatives are
familiar with the banner requirements and will purchase the
necessary bond before the banner is installed;
Now Therefore Be Resolved That:
This Common Council grants permission to the Trinity
Episcopal Church to hang the banner celebrating their Annual
Trinity White Elephant Sale on Delaware Avenue in front of the
Trinity Episcopal Church, located at 371 Delaware Avenue
from October 20, 2002 through November 9, 2002, providing
the banned meets the requirements of all pertinent City
Departments and ensure that no existing laws or ordinances
are violated.
PASSED
AYES -13 NOES -0
NO. 141
BY: MR. FRANCZYK
CITY OF BUFFALO
LOCAL LAW NO. _ (2002)
INTRODUCTORY NO. 13 (2002)
A LOCAL LAW amending Article One of the Charter of the
City of Buffalo in relation to describing the legal boundaries for
the City's nine Council districts.
BE IT ENACTED BY THE COMMON COUNCIL OF THE
CITY OF BUFFALO AS FOLLOWS:
Section 1. That Section 1 -4 of Article I of the Charter of the City
of Buffalo, adopted pursuant to law, is hereby amended as
follows:
§ 1 -4. Council Districts.
The city is divided into nine council districts as follows:
[NORTH DISTRICT]
[Beginning at the point of intersection of the northerly city line
(Kenmore Avenue) with the center line of Delaware Avenue and
running thence southerly along the center line of Delaware
Avenue to its intersection with the center line of Bedford
Avenue; running thence westerly along the center line of
Bedford Avenue to its intersection with the center line of Dana
Road; running thence southerly along the center line of Dana
Road to its intersection with the center line of Middlesex Road;
running thence easterly along the center line of Middlesex Road
to its intersection with the center line of Delaware Avenue;
running thence southerly along the center line of Delaware
Avenue to its intersection with the center line of the Scajaquada
Creek Expressway; running thence westerly along the center
line of the Scajaquada Creek Expressway to the center line of
Lincoln Parkway; running thence southerly along the center line
of Lincoln Parkway to Soldiers Place; running thence
southeasterly along the center line of Chapin Parkway to the
center line of West Delavan Avenue; running thence westerly
along the center line of West Delavan Avenue to the center line
of Elmwood Avenue; running thence southerly along the center
line of Elmwood Avenue to the center line of Auburn Avenue;
running thence westerly along the center line of Auburn Avenue
to the center line of Richmond Avenue; running thence
northerly along the center line of Richmond Avenue to the
center line of Bird Avenue; running thence westerly along the
center line of Bird Avenue to the center line of Baynes Street;
running thence northerly along the center line of Baynes Street
to the center line of Forest Avenue; running thence westerly
along the center line of Forest Avenue to its intersection with
the easterly line of the Black Rock Harbor; running thence
southerly along the easterly line of the Black Rock Harbor to its
intersection with the westerly extension of the center line of
Potomac Avenue; running thence westerly along the westerly
extension of the center line of Potomac Avenue across Squaw
Island to the easterly boundary line of the City of Buffalo;
running thence northerly along the westerly boundary line of the
City of Buffalo to its intersection with the southwesterly
extension of the center line of Vulcan Street, said center line of
Vulcan Street being the northwesterly boundary line of the City
of Buffalo; running thence northeasterly along the northwesterly
boundary line of the City of Buffalo to its intersection with the
center line of Kenmore Avenue, said center line of Kenmore
Avenue being the northeasterly boundary line of the City of
Buffalo; running thence southeasterly along the northeasterly
boundary line of the City ol'Buffalo to its intersection with the
northerly boundary line of the City of Buffalo, running thence
easterly along the northerly boundary line of the City of Buffalo
to the point of beginning.]
[DELAWARE DISTRICT]
[Beginning at the point of intersection of the northerly boundary
line of the City of Buffalo with the center line of Starin Avenue
and running thence southerly along the center line of Starin
Avenue to its intersection with the center line of Hertel Avenue;
running thence easterly along the center line of Hertel Avenue
to Its intersection with the center line of Main Street; running
thence southwesterly along the center line of Main Street to the
center line of Bryant; running thence westerly along the center
line of Bryant to the center line of Richmond Avenue; running
thence northerly along the center line of Richmond Avenue to
Auburn Avenue; running thence easterly along the center line
of Auburn Avenue to the center line of Elmwood Avenue;
running thence northerly along the center line of Elmwood
Avenue to the center line of West Delavan Avenue; running
thence easterly along the center line of West Delavan Avenue
to its Intersection with the center line of Chapin Parkway;
running thence northwesterly along the center line of Chapin
Parkway to Soldiers Place; running thence northerly along the
center line of Lincoln Parkway to its intersection with the
Scajaquada Expressway; running thence easterly along the
center line of the Scajaquada Expressway to its intersection
with the center line of Delaware Avenue; running thence
northerly along the center line of Delaware Avenue to its
intersection with the center line of Middlesex Road; running
thence westerly along the center line of Middlesex Road to its
intersection with the center line of Dana Road; running thence
northerly along the center line of Dana Road to its intersection
with the center line of Bedford Avenue; running thence easterly
along the center line of Bedford Avenue to its intersection with
the center line of Delaware Avenue; running thence northerly
along the center line of Delaware Avenue to its intersection with
the center line of Kenmore Avenue, said center line of Kenmore
Avenue being the northerly boundary line of the City of Buffalo;
running thence easterly along the center line of Kenmore
Avenue, which is the northerly boundary line of the City of
Buffalo, to the point of beginning.]
[UNIVERSITY DISTRICT]
[Beginning at the intersection of the center line of Starin
Avenue with the center line of Kenmore Avenue, said center
line of Kenmore Avenue being the northerly boundary line of the
City of Buffalo and running thence easterly along the northerly
boundary line of the City of Buffalo to its intersection with the
center line of Main Street; running thence northeasterly along
the center line of Main Street, said center line of Main Street
being the northwesterly boundary line of the City of Buffalo, to
its intersection with the easterly boundary line of the City of
Buffalo; running thence southerly along the easterly boundary
line of the City of Buffalo, to its intersection with the northerly
boundary line of the City of Buffalo; running thence easterly
along the northerly boundary line of the City of Buffalo to the
easterly boundary line of the City of Buffalo; running thence
southerly along the easterly boundary line of the City of Buffalo
to its intersection with the ceiriter line of the easterly extension
of Easton Avenue; running thence westerly along the center
line of the easterly extension of Easton Avenue to its
intersection with the center line of Courtland Street; running
thence southerly along the center line of Courtland Street to its
intersection with the center line of East Delavan Avenue;
running thence westerly along the center line of East Delavan
Avenue to its intersection with the center line of Ericson
Avenue; running thence northerly along the center line of
Ericson Avenue to its intersection with the center line of Gerald
Avenue; running thence westerly along the center line of Gerald
Avenue to the center line of Bailey Avenue; running thence
northerly along the center line of Bailey Avenue to the center
line of Dorris Avenue; running thence westerly along the center
line of Dorris Avenue and its westerly extension to its
intersection with the center line of the right -of -way of the former
Lackawanna Railroad; running thence northwesterly along the
center line of the former Lackawanna Railroad to its
intersection with the center line of East Amherst Street; running
thence westerly along the center line of East Amherst Street to
its intersection with the center line of Main Street; running
thence northeasterly along the center line of Main Street to its
intersection with the center line of Hertel Avenue; running
thence westerly along the center line of Hertel Avenue to its
intersection with the center line of Starin Avenue; running
thence northerly along the center line of Starin Avenue to the
point of beginning.]
[LOVEJOY DISTRICT]
[Beginning at the point of intersection of the center line of the
easterly extension of Easton Avenue with the easterly boundary
line of the City of Buffalo and running thence southerly along
the easterly boundary line of the City of Buffalo to its
intersection with the center line of Mineral Spring Road;
running thence southwesterly along the center line of Mineral
Spring Road to its intersection with the center line of the former
Pennsylvania Railroad; running thence northwesterly along the
center line of the right -of -way of the former Pennsylvania
Railroad to its intersection with the center line of the Buffalo
River; running thence westerly and southwesterly along the
center line of the Buffalo River to its intersection with the center
line of Bailey Avenue; running thence southerly along the
center line of Bailey Avenue to its intersection with the center
line of Cazenovia Creek; running thence southeasterly along
the enter line of Cazenovia Creek to its intersection with the
center line of Southside Parkway; running thence southerly
along the center line of Southside Parkway to its intersection
with the center line of Abbott Road; running thence
northwesterly along the center line of Abbott Road and South
Park Avenue to its intersection with the center line of the
Buffalo River; running thence generally in a westerly direction
to its intersection with the center line of the right -of -way of the
former Pennsylvania Railroad; running thence northerly along
the center line of the right -of -way of the former Pennsylvania
Railroad to its intersection with the center line of South Park
Avenue; running thence easterly along the center line of South
Park Avenue to its intersection with the center line of Van
Rensselaer Street; running thence northerly along the center
line of Van Rensselaer Street to its intersection with the center
line of the Niagara Section of the New York State Thruway;
running thence easterly along the center line of the Niagara
Section of the New York State Thruway to its intersection with
the center line of the right -of -way of the former New York
Central Railroad; running thence northeasterly along the center
line of the right -of -way of the former New York Central Railroad
to its intersection with the center line of the right -of -way of the
former Pennsylvania Railroad; running thence southeasterly
along the center line of the right -of -way of the former
Pennsylvania Railroad to its intersection with the center line of
Bailey Avenue; running thence northeasterly and northerly
along the center line of Bailey Avenue to its intersection with
the center line of William Street; running thence westerly along
the center line of William Street to its intersection with the
center line of the right -of -way of the former Eric Railroad;
running thence northerly along the center line of the
right -of -way of the former Erie Railroad to its intersection with
the center line of the right -of -way of the former Pennsylvania
Central Railroad; running thence northeasterly along the center
line of the right -of -way of the former Pennsylvania Central
Railroad to the center line of Bailey Avenue; running thence
northerly along the center line of Bailey Avenue to its
intersection with the center line of the right -of -way of the
northerly branch of the former Pennsylvania Central Railroad;
running thence westerly along the center line of the right -of -way
of the northerly branch of the former Pennsylvania Central
Railroad to its intersection with the center line of Fay Street;
running thence northerly along the center line of Fay Street and
Burgard Place to its intersection with the center line of
Genesee Street; running thence southwesterly along the center
line of Genesee Street to its intersection with the center line of
Colorado Avenue; running thence northerly along the center
line of Colorado Avenue to its intersection with the center line of
East Ferry Street; running thence easterly along the center line
of East Ferry Street to its intersection with the center line of the
right -of -way of the former Erie Railroad; running thence
northerly along the center line of the right -of -way of the former
Eric Railroad to its intersection with the center line of East
Delavan Avenue; running thence easterly along the center line
of East Delavan Avenue to its intersection with the center line
of the former Lackawanna Railroad; running thence
northwesterly along the center line of the former Lackawanna
Railroad to its intersection with the center line of the westerly
extension of Dorris Avenue; running thence easterly along the
center line of the westerly extension of Dorris Avenue to its
intersection with the center line of Bailey Avenue; running
thence southerly along the center line of Bailey Avenue to its
intersection with the center line of Gerald Avenue; running
thence easterly along the center line of Gerald Avenue to its
intersection with the center line of Ericson Avenue; running
thence southerly along the center line of Ericson Avenue to the
center line of East Delavan Avenue; running thence easterly
along the center line of East Delavan Avenue to the center line
of Courtland Street; running thence northerly along the center
line of Courtland Street to the center line of Easton Avenue;
running thence easterly along the center line of Easton Avenue
and its extension to the point of beginning.]
[FILLMORE DISTRICT]
[Beginning at the point of intersection of the center line of
Genesee Street with the center line of Moselle Street and
running thence northeasterly along the center line of Genesee
Street to the center line of Burgard Place; running thence
southerly along the center line of Burgard Place and Fay Street
to the center line of the right -of -way of the northerly branch of
the former Pennsylvania Central Railroad; running thence
easterly along the center line of the right -of -way of the northerly
branch of the former Pennsylvania Central Railroad to the
center line of Bailey Avenue; running thence southerly along
the center line of Bailey Avenue to its intersection with the
center line of the right -of -way of the former Pennsylvania
Railroad; running thence
southwesterly along the center line of the right -of -way of the
former Pennsylvania Railroad to its intersection with the center
line of the right -of -way of the former Erie Railroad; running
thence southerly along the center line of the right -of -way of the
former Erie Railroad to the center line of William Street;
running thence easterly along the center line of William Street
to the center line of Bailey Avenue; running thence southerly
and southwesterly along the center line of Bailey Avenue to the
center line of the right -of -way of the former Pennsylvania
Railroad; running thence northwesterly along the center line of
the right -of -way of the former Pennsylvania Railroad to its
intersection with the center line of the right -of -way of the former
Erie Railroad; running thence southwesterly along the center
line of the right -of -way of the former Eric Railroad to the center
line of the Niagara Section of the New York State Thruway;
running thence westerly along the center line of the Niagara
Section of the New York State Thruway to the center line of
Van Rensselaer Street; running thence southerly along the
center line of Van Rensselaer Street to the center line of South
Park Avenue; running thence westerly along the center line of
South Park Avenue to the center line of the right -of -way of the
former Pennsylvania Central Railroad; running thence southerly
along the center line of the right -of -way of the former
Pennsylvania Central Railroad to the center line of the Buffalo
River; running thence generally westerly along the center line of
the Buffalo River to the center line of the Buffalo Skyway
Bridge; running thence northerly along the center line of the
Buffalo Skyway Bridge to its intersection with the center line of
Commercial Street; running thence westerly and northwesterly
along the center line of Commercial Street and West Marine
Drive to a point 200 feet south from the center line of Erie
Street; running thence northeasterly through the Marine Drive
Housing Project to the intersection of the center line of the
Buffalo Skyway Bridge with the center line of the Niagara
Section of the New York State Thruway; running thence
easterly along the center line of the Niagara Section of the New
York State Thruway to its intersection with the center line of
Hamburg Street; running thence northerly along the center line
of Hamburg Street and Jefferson Avenue to the center line of
Eagle Street; running thence easterly along the center line of
Eagle Street to the center line of Emslie Street; running thence
northerly along the center line of Emslie Street to the center line
of Bristol Street; running thence easterly along the center line
of Bristol Street to the center line of Bond Street; running
thence northerly along the center line of Bond Street to the
center line of Oneida Street; running thence westerly along the
center line of Oneida Street to the center line of Emslie Street;
running thence northerly along the center line of Emslie Street
to the center line of Howard Street; running thence easterly
along the center line of Howard Street to the center line of
Smith Street; running thence northerly along the center line of
Smith Street to the center line of Peckham Street; running
thence easterly along the center line of Peckham Street to the
center line of Detroit Street; running thence northerly along the
center line of Detroit Street to the center line of Broadway;
running thence southwesterly along the center line of Broadway
to the center line of Herman Street; running thence northerly
along the center line of Herman Street to the center line of
Sycamore Street; running thence northeasterly along the center
line of Sycamore Street to the center line of Strauss Street;
running thence northerly along the center line of Strauss Street
to the center line of Genesee Street; running thence
northeasterly along the center line of Genesee Street to the
center line of Walden Avenue; running thence easterly along
the center line of Walden Avenue to the center line of Kiefer
Street; running thence northerly along the center line of Kiefer
Street and Kehr Street to the center line of Glenwood Avenue;
running thence easterly along the center line of Glenwood
Avenue to the center line of the right -of -way of the former Belt
Line Railroad; running thence southerly along the center line of
the right -of -way of the former Belt Line Railroad to the center
line of Box Avenue; running thence easterly along the center
line of Box Avenue to the center line of Moselle Street; running
thence southerly along the center line of Moselle Street to the
point of beginning.]
[ELLICOTT DISTRICT]
[Beginning at the point of intersection of the center line of Main
Street with the center line of Laurel Street and running thence
easterly along the center line of Laurel Street and Landon
Street to its intersection with the center line of Wohlers
Avenue; running thence southerly along the center line of
Wohlers Avenue to its intersection with the center line of Riley
Street; running thence easterly along the center line of Riley
Street to the center line of the Kensington Expressway;
running thence southerly along the center line of the
Kensington Expressway and the westerly park road of Martin
Luther King Park to its intersection with the center line of Best
Street; running thence easterly along the center line of Best
Street to its intersection with the center line of Genesee Street;
running thence southwesterly along the center line of Genesee
Street to its intersection with the center line of Strauss Street;
running thence southerly along the center line of Strauss
Street to its intersection with the center line of Sycamore
Street; running thence southwesterly along the center line of
Sycamore Street to its intersection with the center line of
Herman Street; running thence southerly along the center line
of Herman Street to its intersection with the center line of
Broadway; running thence easterly along the center line of
Broadway to its intersection with the center line of Detroit
Street; running thence southerly along the center line of Detroit
Street to the center line of Peckham Street; running thence
westerly along the center line of Peckham Street to its
intersection with the center line of Smith Street running thence
southerly along the center line of Smith Street to the center
line of Howard Street; running thence westerly along the
center line of Howard Street to its intersection with the center
line of Emslie Street; running thence southerly along the
center line of Emslie Street to the center line of Oneida Street;
running thence southeasterly along the center line of Oneida
Street to the center line of Bond Street; running thence
southerly along the center line of Bond Street to the center line
of Bristol Street; running thence northwesterly along the center
line of Bristol Street to the center line of Emslie Street; running
thence southerly along the center line of Emslie Street to the
center line of Eagle Street; running thence northwesterly along
the center line of Eagle Street to the center line of Jefferson
Avenue; running thence southerly along the center line of
Jefferson Avenue and Hamburg Street to the center line of the
Niagara Section of the New York State Thruway; running
thence westerly along the center line of the Niagara Section of
the New York State Thruway to its intersection with the center
line of the Buffalo Skyway Bridge; running thence
southwesterly through the Marine Drive Housing Project to a
point on West Marine Drive, said point being 200 feet south of
the center line of Erie Street; running thence southeasterly and
easterly along Marine Drive and Commercial Street to the
center line of the Buffalo Skyway Bridge; running thence
southerly along the center line of the Buffalo Skyway Bridge to
the center line of the Buffalo River; running thence westerly
along the center line of the Buffalo River and the westerly
extension of the center line of the Buffalo River to the westerly
boundary line of the City of Buffalo; running thence
northwesterly and northerly along the westerly boundary line of
the City of Buffalo to its intersection with the westerly
extension of the center line of Porter Avenue; running thence
northeasterly along the center line of Porter Avenue and its
extension to the center line of Prospect Avenue; running
thence southeasterly along the center line of Prospect Avenue
to the center line of Pennsylvania Street; running thence
northeasterly along the center line of Pennsylvania Street to
the center line of Wadsworth Street; running thence
southeasterly and easterly along the center line of Wadsworth
Street and Allen Street to the center line of College Street;
running thence southerly along the center line of College
Street to the center line of Virginia Street; running thence
easterly along the center line of Virginia Street to the center
line of Main Street; running thence northerly along the center
line of Main Street to the point of beginning.]
[NIAGARA DISTRICT]
[Beginning at the point of intersection of the westerly extension
of Potomac Avenue with the westerly boundary line of the City
of Buffalo and running thence easterly across Squaw Island to
the easterly line of the Black Rock Harbor; running thence
northerly along the easterly line of the Black Rock Harbor to its
intersection with the center line of the westerly extension of
Forest Avenue; running thence easterly along the center line of
the westerly extension of Forest Avenue to its intersection with
Baynes Street; running thence southerly along the center line of
Baynes Street to the center line of Bird Avenue; running thence
easterly along the center line of Bird Avenue to its intersection
with the center line of Richmond Avenue; running thence
southerly along the center line of Richmond Avenue to its
intersection with the center line of Bryant Street; running
thence easterly along the center line of Bryant Street to its
intersection with the center line ok Main Street; running thence
southerly along the center line of Main Street to the center line
of Virginia Street; running thence westerly along the center line
of Virginia Street to the center line of College Street; running
thence northerly along the center line of College Street to the
center line of Allen Street; running thence westerly along the
center line of Allen Street to the center line of Wadsworth
Street; running thence northwesterly along the center line of
Wadsworth Street to the center line of Pennsylvania Street;
running thence southwesterly along the center line of
Pennsylvania Street to the center line of Prospect Avenue;
running thence northwesterly along the center line of Prospect
Avenue to the center line of Porter Avenue; running thence
southwesterly along the center line of Porter Avenue and its
extension to its intersection with the westerly boundary line of
the City of Buffalo; running thence northerly along the westerly
boundary line of the City of Buffalo to the point of beginning.]
[MASTEN DISTRICT]
[Beginning at the point of intersection of the center line of Main
Street with the center line of East Amherst Street and running
thence easterly along the center line of East Amherst Street to
the center line of the night -of -way of the former Lackawanna
Railroad; running thence southeasterly along the center line of
the right -of -way of the former Lackawanna Railroad to its
intersection with the center of East Delavan Avenue; running
thence westerly along the center line of East Delavan Avenue
to its intersection with the center line of the right -of -way of the
former Erie Railroad; running thence southerly along the center
line of the right -of -way of the former Erie Railroad to its
intersection with the center line of East Ferry Street; running
thence westerly along the center line of East Ferry Street to its
intersection with the center line of Colorado Avenue; running
thence southerly along the center line of Colorado Avenue to its
intersection with the center line of Genesee Street; running
thence southwesterly along the center line of Genesee Street to
its intersection with the center line of Moselle Street; running
thence northerly along the center line of Moselle Street to its
intersection with the center line of Box Avenue; running thence
westerly along the center line of Box Avenue to its intersection
with the center line of the right -of -way of the former Belt Line
Railroad; running thence northerly along the center line of the
right -of -way of the former Belt Line Railroad to the center line of
Glenwood Avenue; running thence westerly along the center
line of Glenwood Avenue to its intersection with the center line
of Kehr Street; running thence southerly along the center line of
Kehr Street and Kiefer Street to its intersection with the center
line of Walden Avenue; running thence westerly along the
center line of Walden Avenue and Best Street to its intersection
with the center line of the westerly park road of Martin Luther
King Park; running thence northerly along the center line of the
westerly park road and the center line of the Kensington
Expressway to its intersection with the center line of Riley
Street; running thence westerly along the center line of Riley
Street to its intersection with Wohlers Avenue; running thence
northerly along the center line of Wohlers Avenue to the center
line of Landon Street; running thence westerly along the center
line of Landon Street and Laurel Street to its intersection with
the center line of Main Street; running thence northeasterly
along the center line of Main Street to the point of beginning.]
[SOUTH DISTRICT]
[Beginning at the intersection of the center line of Mineral
Spring Road with the easterly boundary line of the City of
Buffalo and running thence southerly along the easterly
boundary line of the City of Buffalo to its intersection with the
southerly boundary line of the City of Buffalo; running thence
westerly along the southerly boundary line of the City of Buffalo
to its intersection with the westerly boundary line of the City of
Buffalo; running thence northwesterly along the westerly
boundary line of the City of Buffalo to its intersection with the
westerly extension of the center line of the Buffalo River;
running thence generally in an easterly direction along the
center line of the Buffalo River to its intersection with the center
line of South Park Avenue; running thence easterly along the
center line of South Park Avenue and Abbott Road to its
intersection with the center line of Southside Parkway; running
thence northerly along the center line of Southside Parkway to
its intersection with the center line of Cazenovia Creek; running
thence westerly along the center line of Cazenovia Creek to its
intersection with the center line of Bailey Avenue; running
thence northerly along the center line of Bailey Avenue to its
intersection with the center line of the Buffalo River; running
thence generally in an easterly direction along the center line of
the Buffalo River to its intersection with the center line of the
right -of -way of the former Pennsylvania Railroad; running
thence southeasterly along the center line of the former
Pennsylvania Railroad to its intersection with the center line of
Mineral Spring Road; running thence easterly along the center
line of Mineral Spring Road to the point of beginning.]
SOUTH DISTRICT
BEGINNING AT THE POINT of intersection of the northerly
extension of the easterly U.S. Harbor Line of Buffalo's Outer
Harbor with the centerline of the Buffalo River and running
thence easterly and southeasterly along the bends and turns of
the centerline of the Buffalo River to its intersection with the
centerline of South Park Avenue; running thence southeasterly
and along the centerline of South Park Avenue to its
intersection with the centerline of Hopkins
Street running thence south and along the centerline of
Hopkins Street to its intersection with the centerline of Osage
Street; running thence easterly and along the centerline of
Osage Street across Durant Street to its intersection with the
centerline of Macamley Street, running thence northeasterly
along the centerline of Macamley Street to the centerline of
South Park Avenue; running thence northwesterly along the
centerline of South Park Avenue to its intersection with the
centerline of Abbott Road; running thence southeasterly along
the centerline of Abbott Road to As intersection with the
centerline of Southside Parkway, running thence northeasterly
along the centerline of Southside Parkway to the centerline of
Cazenovia Creek; running thence northwesterly along the
centerline of Cazenovia Creek to its intersection with the
centerline of Bailev Avenue; running thence northerly along the
centerline of Bailey Avenue to its intersection centerline of the
Buffalo River; running thence northeasterly and easterly along
the bends and turns of the centerline of the Buffalo River to its -
intersection with the centerline of the right -of - way of the former
Pennsylvania Railroad; running thence southeasterly and along
the centerline of the former Pennsylvania Railroad to its
intersection with the centerline of Mineral Spring Road running
thence northeasterly along the centerline of Mineral Spring
Road to its intersection with easterly boundary-line of the City
of Buffalo; running thence southerly along th easterly boundary
line of the City of Buffalo to its intersection with the southerly
boundary line of the City of Buffalo; running thence westerly
along the southerly boundary line of the City of Buffalo to its
intersection with easterly U.S. Harbor Line of Buffalo's Outer
Harbor; running thence northerly and northwesterly along the
easterly U.S. Harbor Line of Buffalo's Outer Harbor to THE
POINT OF BEGINNING.
NIAGARA DISTRICT
BEGINNING AT THE POINT of intersection of the centerline
of Porter Avenue with the easterly line of the Black Rock
Harbor and running thence northerly and along the east line of
the Black Rock Harbor to its intersection with the westerly
extension of the centerline of Forest Avenue; running thence
east along the centerline of Forest Avenue and its extension to
its intersection with the centerline of Baynes Street; running
thence south along the centerline of Baynes Street to its
intersection with the centerline of Bird Avenue; running thence
east along the centerline of Bird Avenue to its intersection with
the centerline of Richmond Avenue; running thence southerly
along the centerline of Richmond Avenue to its intersection with
the north boundary of Colonial Circle, running thence along the
northwest and southwest boundary o Colonial Circle to the
centerline of Richmond Avenue, thence south along the
centerline of Richmond Avenue through West Ferry Circle to
its intersection with the centerline of Highland Avenue; running
thence east along the centerline of Highland Avenue to its
intersection with the centerline of Delaware Avenue; running
thence southerly along the centerline of Delaware Avenue to its
intersection with the centerline of Bryant Street; running thence
east along the centerline of Bryant Street to its intersection with
the centerline of Main Street, running thence southerly along
the centerline of Main Street to the centerline of North Street,
running thence west long the centerline of North Street to the
easterly line of Symphony Circle; running thence southwesterly
and westerly around the southerly boundary line of Symphony
Circle to the centerline of Pennsylvania Street, running thence
southwesterly along the centerline of Pennsylvania Street. to its
intersection with the centerline of Prospect Avenue; running
thence northwesterly along the centerline of Prospect Avenue
to its intersection with the centerline of Porter Avenue; running
thence southwesterly along the centerline of Porter Avenue to
the POINT OF BE- GINNING and including all that portion of
Squaw Island and Bird Island lying south of the northerly
boundary line of that parcel of land presently under the
jurisdiction of the Buffalo Sewer Authority and further known as
the Buffalo Sewer Authority's Wastewater Treatment Plant.
NORTH DISTRICT
BEGINNING AT THE POINT of intersection of the centerline
of Forest Avenue with the easterl line of the Black Rock
Harbor and running thence northerly and along the easterly line
of the Black Rock Harbor, the easterly blue line of the former
Eric Canal and the U.S. Government Harbor line to its
intersection with the northern boundary line of the City of
Buffalo; running thence northeast along the northerly boundary
line of the City of Buffalo to the centerline of Vulcan Street;
running thence northeast along the centerline of Vulcan Street,
which is also the northerly boundary line of the City of Buffalo
to its intersection with the centerline of Kenmore Ave; running
thence southeast along the centerline of Kenmore Avenue,
which is also the
northerly boundary line of the City of Buffalo and along the
southeasterly extension of said boundary line to an angle point
in said boundary line which angle point is on the centerline of
Kenmore Avenue -, running thence east and along the north
boundary line of the City of Buffalo which is the centerline of
Kenmore Avenue, to its intersection with the centerline of
Delaware Avenue; running thence south along the centerline of
Delaware Avenue to its intersection with the centerline of the
ri2ht-of-wav of the Scajacuada Expressway running thence
westerly, southwesterly and southerly along the centerline of
the right -of -way of the Scamaa uada Expressway and the
centerline of the Lincoln Parkway entrance ramp to a point in
the centerline of Lincoln Parkway; running thence south and
along the centerline of Lincoln Parkway to the center point of
Soldier's Place: running thence southeast along the centerline
of Chapin Parkway to its ]intersection with the centerline of
West Delavan Avenue: running thence west along the
center -line of West Delavan Avenue to its intersection with the
centerline of Elmwood Avenue: running thence south along the
centerline of Elmwood Avenue to its intersection with the
centerline of Auburn Avenue: running thence west along the
centerline of Auburn Avenue to its intersection with the
centerline of Richmond Avenue: running thence northerly and
along the centerline of Richmond Avenue to its intersection with
the southerly boundary of Colonial Circle and running thence
along the southwest and northwest boundary line of Colonial
Circle to the centerline of Richmond Avenue, thence northerly
along the centerline of Richmond Avenue to its intersection with
the centerline of Bird Avenue: running thence west along the
centerline of Bird Avenue to its intersection with the centerline
of Baynes Street, running thence northerly along the centerline
of Baynes Street to its intersection with the centerline of Forest
Avenue, running thence westerly along the centerline of Forest
Avenue to the POINT OF BEGINNTNG and also including all
of Squaw Island lying north of the northerly boundary line of
that parcel of land presently under the jurisdiction of the Buffalo
Sewer Authority and further known as the Buffalo Sewer
Authority's Wastewater Treatment Plant.
DELAWARE DISTRICT
BEGINNING AT THE POINT of intersection of the
centerline of Delaware Avenue with the centerline of
Kenmore Avenue, said centerline being the north
boundary line of the City of Buffalo, and running east
along said centerline to its intersection with the centerline
of the former Erie Railroad right -of -way; running thence
southerly along the centerline of the former Eric Railroad
right -of -way to its intersection with the centerline of the
westerly branch of the former Erie Railroad right -of -way;
running thence westerly along the centerline of the
former Erie Railroad right -of -way to its intersection with
the centerline of Starin Avenue; running thence south
along the centerline of Starin Avenue to its intersection
with the centerline of Hertel Avenue -, running thence east
and southeast along the centerline of Hertel Avenue to its
intersection with the centerline of Main Street -, running
thence southwesterly along the centerline of Main Street
to its intersection with the centerline of Bryant Street;
running thence west along the centerline of Bryant Street
to its intersection with Delaware Avenue, running thence
northerly along the centerline of Delaware Avenue to its
intersection with the centerline of Highland Avenue;
running thence west along the centerline of Highland
Avenue to its intersection with the centerline of
Richmond Avenue; running thence northerly along the
centerline of Richmond Avenue to its intersection with
the centerline of Auburn Avenue; running thence cast
along the centerline of Auburn Avenue to its intersection
with the centerline of Elmwood Avenue, running thence
northerly along the centerline of Elmwood Avenue to its
intersection with the centerline of West Delavan Avenue;
running thence east along the centerline of West Delavan
Avenue to its intersection with the centerline of Chapin
Parkway; running thence northwest along the centerline
of Chapin Parkway to the center point of Soldier's Place;
running thence north along the centerline of Lincoln
Parkway to its intersection with the entrance ramp to the
Scajaquada Expressway; running thence northerly,
northeasterly and easterly along the centerline of the
entrance ramp and the centerline of the right -of -way of
the Scajaquada Expressway to it intersection with the
centerline of Delaware Avenue -, running thence northerly
along the .centerline of Delaware Avenue to the PONT OF
BEGINNING.
UNIVERSITY DISTRICT
BEGINNING AT THE POINT of intersection of the centerline
of Bailey Avenue with the centerline of Main Street, said
centerline of Main Street being the northerly boundary line of
the City of Buffalo and running thence northeasterly along said
centerline of Main Street to its intersection with the cast
boundary line of the City of Buffalo: running thence southerly
and easterly along the various courses of the cast boundary
line of the City of Buffalo to its intersection with the centerline of
Langfield Drive: running thence west along the centerline of
Langfield Drive to its intersection with the centerline of Edison
Avenue: running thence south along the centerline of Edison
Avenue to its intersection with the centerline of Easton Avenue,
running thence west along the centerline of Easton Avenue to
its intersection with the centerline of Courtland Avenue: runninq
thence south along the centerline of Courtland Avenue to its
intersection with the centerline of East Delavan Avenue,
running thence west along the centerline of East Delavan
Avenue to its intersection with the centerline of Ericson
Avenue: running thence north along the centerline of Ericson
Avenue to its intersection with the centerline of Gerald Place
running thence west along the centerline of Gerald Place to its
intersection with the centerline of Bailey Avenue -, running
thence north along the centerline of Bailey Avenue to its
intersection with the centerline of Dorris Avenue -, runninq
thence west along the centerline of Dorris Avenue to its
intersection with the centerline of Olympic Avenue, running
thence north along the centerline of Olympic Avenue to its
intersection with the centerline of Kensington Avenue, runninq
thence southwest along the centerline of Kensington Avenue to
.its intersection with the centerline of the right -of -way of the
former Erie Railroad: running thence northwesterly g -the
centerline of the right -of -way of the former Erie Railroad to its
intersection with the centerline of East Amherst Street: runninq
thence west along the centerline of East Amherst Street to its
intersection with the centerline of Manhattan Avenue: runninq
thence north and northwesterly along the centerline of
Manhattan Avenue to its intersection with the centerline of Main
Street, running thence northeasterly along the centerline of
Main Street to its intersection with the centerline of Hertel
Avenue: running thence northwesterly and westerly along -ft
centerline of Hertel Avenue to its intersection with the centerline
of Starin Avenue: running thence north along the centerline of
Starin Avenue to its intersection with the centerline of the right -
of -way of the west branch of the former Erie Railroad: running
thence east and southeasterly along the centerline of the
right -of -way of the west branch of the former Erie Railroad to its
intersection with the centerline of the right -of -way of the main
branch of the former Erie Railroad: running thence
northwesterly along the centerline of the right -of -way of the
former Erie Railroad to its intersection -with the centerline of
Kenmore Avenue, said centerline of Kenmore Avenue being the
north boundary line of the City of Buffalo: running thence east
and northeasterly along the .centerlines of Kenmore Avenue
and Main Street, said centerlines also being of the north
boundary line of the City of Buffalo to the POINT OF
BEGINNING
ELLICOTT DISTRICT
BEGINNING AT THE POINT of intersection of the U.S.
Government Harbor Line of the Black Rock Harbor with the
centerline of Porter Avenue and running thence northeast alonq
the centerline of Porter Avenue to its intersection with the
centerline of Prospect Avenue: running thence, southeast
along the centerline of Prospect Avenue to its intersection with
the centerline of Pennsylvania Street: running thence northeast
along the centerline of Pennsylvania Street to its intersection
with the southerly boundary line of Symphony Circle: running
thence easterly and northeasterly along the boundary line of
Symphony Circle to its intersection with the centerline of North
Street: running thence east along the centerline of North Street
to its intersection with centerline of Main Street: running thence
northerly along the centerline of Main Street to its intersection
with the centerline of Laurel Street: running thence east alonq
the centerline of Laurel Street and continuing cast along the
centerline of Landon Street to its intersection with the centerline
of Wohlers Avenue: running thence south along the centerline
of Wohlers Avenue to its intersection with the centerline of
Riley Street, running thence east along the centerline of Riley
Street to its intersection with the centerline of the Kensington
Expressway: running thence southerly along the centerline of
the Kensington Expressway to its intersection with the
centerline of the Dodge Street Bridge over the Kensington
Expressway: running thence southeasterly along the centerline
of the Dodge Street Bridge and its extension to its intersection
with the northerly extension of the centerline of Herman Street -,
running thence south along the centerline of Herman Street
and its northerly extension to its intersection with the centerline
of H Street; running thence west along the centerline of
High Street to its intersection with the centerline of Fox Street:
running thence south along the centerline of Fox Street to its
intersection with the centerline of Broadway: running thence
southwesterly along the centerline of Broadway to its
intersection with the centerline of Sherman Street: runninq
thence south along the centerline of Sherman Street to its
intersection with the centerline of Howard Street: runninq
thence west along the centerline of Howard Street to its
intersection with the centerline of Emslie Street running thence
south along the centerline of Emslie- Street to its intersection
with the centerline of Oneida Street: running thence easterly
along the centerline of.Oneida - Street to its intersection with the
centerline of Bond Street: running thence south along the
center -line of Bond
Street to its intersection with the centerline of St. Domingo
Street: running thence westerly along the centerline of St.
Domingo Street to its intersection with the centerline -of Emslie
Street: running thence south along the centerline of Emslie
Street to its intersection with the centerline of Eagle Street:
running thence westerly along the centerline of Eagle Street to
its intersection with the centerline of Jefferson Avenue -,
running thence south and southwesterly along the
centerline of Jefferson Avenue and continuing thence south
along the centerline of Hamburg Street to its intersection with
the centerline of Exchange Street: running thence west alonq
the centerline of Exchange. Street to its intersection with the
centerline of the right -of -way of the former Penn Central
Railroad; running thence westerly along the centerline of the
right -of -way of the former Penn Central Railroad to its
intersection with the centerline of Michigan Avenue; running
thence south along the centerline of Michigan Avenue to its
intersection with the centerline of the Niagara Section of the
New York State Thruway; running thence westerly along the
centerline of the Niagara Section of the New York State
Thruway to Its intersection with the centerline of Erie Street;
running thence southwesterly along the centerline of Erie Street
to its intersection with the centerline of Lakefront Boulevard;
running thence northwest along the centerline of Lakefront
Boulevard and continuing thence southwesterly along the
centerline of Ojibwa Circle to its intersection with the centerline
of the private drive known as Rivermist Drive; running thence
southwesterly along the centerline of Rivemist Drive and its
extension across the Erie Basin Marina to its intersection with
the easterly shoreline of the so- called New York State
Breakwall of the Erie Basin Marina; running thence northerly
and northwesterly along the shoreline of the Erie Basin Marina
to its intersection with the U.S. Government Harbor Line
running thence northwesterly along the U.S. Government
Harbor Line of the Black Rock Harbor to the POINT OF
BEGINNING.
MASTEN DISTRICT
BEGINNING AT THE POINT of intersection of the centerline
of Main Street with the centerline of Laurel Street and running
thence east along the centerline of Laurel Street and continuing
east along the centerline of Landon Street to its intersection
with the centerline of Wohlers Avenue; running thence south
along the centerline of Wohlers Avenue to its intersection with
the centerline of Riley Street, running thence east along the
centerline of Riley Street to its intersection with the centerline of
the Kensington Expressway, running thence southerly along
the centerline of the Kensington Expressway to. its intersection
with the centerline of the Dodge Street Bridge over the
Kensington Expressway; running thence southeasterly along
the centerline of the Dodge Street Bridge and its extension to
its intersection with the northerly extension of the centerline of
Hennan Street; running thence south along the centerline of
Hennan Street and its northerly extension to its intersection
with the centerline of Best Street; running thence east along the
centerline of Best Street and across Genesee Street and
continuing east along the centerline of Walden Avenue to its
intersection with the centerline of Kiefer Street; running thence
north along the centerline of Kiefer.Street to its intersection with
the centerline of Genesee Street, running thence southwest
along the centerline of Genesee Street to its intersection with
the centerline of Kehr Street; running thence north along the
centerline of Kehr Street to its intersection with the centerline of
Glenwood Avenue; running thence east along the centerline of
Glenwood Avenue to its intersection with the centerline of the
right- of -wav of the former New York Central Railroad; running
thence south along the centerline of the right -of -way of the
former New York Central Railroad to its intersection with the
centerline of Box Avenue; running thence -, cast along the
centerline of Box Avenue to its intersection with the centerline
of Moselle 51Kg —gl; running thence north along the centerline of
Moselle Street to its intersection with the centerline of Frankfort
Avenue; running thence west along the centerline of Frankfort
Avenue to its intersection with the centerline of Ernst Avenue;
running thence north along the centerline of Ernst Avenue to its
intersection with the centerline of East Ferry Street; running
thence east along the centerline of East Ferry Street to its
intersection with the centerline of Nevada Avenue, running
thence south along the centerline of Nevada Avenue to its
intersection with the centerline of Genesee Street; running
thence northeasterly along the centerline of Genesee Street to
its intersection with the centerline of the right -of -way of the
former Erie Railroad; running thence north along the centerline
of the right -of -way of the former Erie Railroad to its intersection
with the centerline of East Delavan Avenue; running thence
east along the centerline of East Delavan Avenue to its
intersection with the centerline of Olympic Avenue; running
thence north, northwesterly and northerly along the centerline
of OlMpic Avenue to its intersection with the centerline of
Kensington Avenue; running thence southwest along the
centerline of Kensington Avenue to its intersection with the
centerline of the right -of -way of the fonner Erie Railroad;
running thence northwesterly along the centerline of the
right -of -way of the former Erie Railroad to its intersection with
the centerline of East Amherst Street; running thence west long
the centerline of East Amherst Street to its intersection with the
centerline of Manhattan Avenue; running thence northerly and
northwesterly along the centerline of Manhattan Avenue to its
intersection with the centerline of Main Street; running thence
southwest and southerly along the centerline of Main Street to
THE POINT OF BEGINNING.
LOVEJOY DISTRICT
BEGINNING AT THE POINT of the intersection of the east
boundary line of the City of Buffalo with the centerline of
Mineral Spring Road and running thence southwesterly along
the centerline of Mineral Spring Road to its intersection with the
centerline of the right -of -way of the former Pennsylvania
Railroad; running thence northwesterly along the centerline of
the right -of -way of the former Pennsylvania Railroad to its
intersection with the centerline of the Buffalo River; running
thence westerly, southerly and southwesterly along the
centerline of the Buffalo River to its intersection with the
centerline of Bailey Avenue; running thence southerly along the
centerline of Bailey Avenue to its intersection with the centerline
of Cazenovia Creek, running thence southeasterly along the
centerline of Cazenovia Creek to its intersection with the
centerline of Southside Parkway; running thence southerly
along the centerline of Southside Parkway to its intersection
with the centerline of Abbott Road; running thence westerly
along the centerline of Abbott Road to its intersection with the
centerline of South Park Avenue; running thence southeast
along the centerline of South Park Avenue to its intersection
with the centerline of Macamley Street; running thence
southwesterly along the centerline of Macamley Street across
Durant Street, and along the centerline of Osage Street to its
intersection with the centerline of Hopkins Street -, running
thence north along the centerline of Hopkins Street to its
intersection with the centerline of South Park Avenue, running
thence westerly and northwesterly the centerline of South Park
Avenue to its intersection with the centerline of the Buffalo
River running thence northeasterly and southeasterly along the
centerline of the Buffalo River to its intersection with the
southerly extension of the centerline of Babcock Street; running
thence northerly along the centerline of Babcock Street and its
extension to its intersection with the centerline of Seneca
Street; running thence northwesterly along the centerline of
Seneca Street to its- intersection with the centerline of the
right -of -way of the Norfolk and Western Railroad -, running
thence northeasterly along the centerline of the right -of -way of
the Norfolk and Western Railroad to its intersection with the
centerline of the right -of -way of the former Pennsylvania
Railroad -, running thence southeasterly along the centerline of
the right -of -way of the former Pennsylvania Railroad to its
intersection with the centerline of Bailey Avenue; running
thence northeasterly and north along the centerline of Bailey
Avenue to its intersection with the centerline of William Street;
running thence west along the centerline of William Street to its
intersection with the centerline of the right- of -w4y of the former
Erie Railroad; running thence northerly along the centerline of
the right -of -way of the former Erie Railroad to its intersection
with the centerline of the right -of -way of the former
Penn - Central Railroad; running thence northeast along the
centerline of the right -of -way of the former Penn - Central
Railroad to its intersection with the centerline of Bailey Avenue;
running thence north along the centerline of Bailey Avenue to
its intersection with the centerline of West Shore Avenue -,
running thence northwesterly along the centerline of West
Shore Avenue to the centerline of Fay Street; running thence
north along the - centerline of Fay Street across Walden Avenue
and continuing north along the centerline of Burgard Place;
across Hazel Place and again continuing north along the
centerline of Burgard Place to its intersection with Genesee
Street; running thence southwest along .the centerline of
Genesee Street to its intersection with the centerline of the
right -of -way of the former Erie Railroad; running thence north
along the centerline of the right -of -way of the former Erie
Railroad to its intersection with the centerline of East Delavan
Avenue; running thence east along the centerline of East
Delavan Avenue to its intersection with the centerline of
Olympic Avenue; running thence north and northwesterly along
the centerline of Olympic Avenue to its intersection with the
centerline of Dorris Avenue, running thence cast along the
center -line of Dom's Avenue to its intersection with the
centerline of Bailey Avenue, running thence south along the
centerline of Bailey Avenue to its intersection with the centerline
of Gerald Avenue; running thence east along the centerline of
Gerald Avenue to its intersection with the centerline of Ericson
Avenue; running thence south along the centerline of Ericson
Avenue to its intersection with the centerline of East Delavan
Avenue; running thence east along the centerline of East
Delavan Avenue to its intersection with the centerline of
Courtland Avenue; running thence north along the centerline of
Courtland Avenue to its intersection with Easterly Avenue;
running thence east along the centerline of Easton Avenue to
its intersection with Edison Avenue, running thence north along
the centerline of Edison Avenue to its intersection with the
Centerline of Langfield Drive; running thence east along the
centerline of Langfield Drive to its intersection with the east
boundary line of the City of Buffalo; running thence south along
the east boundary line of the City of Buffalo to the POINT OF
BEGINNING.
FILLMORE DISTRICT
BEGINNING AT THE POINT of the intersection of the
centerline of William Street with the centerline of Bailey Avenue
and running thence south and southwesterly along the
centerline of Bailey Avenue to its intersection with the centerline
of the right -of -way of the former Pennsylvania Railroad -,
running thence northwesterly along the centerline of the
right -of -way o the former Pennsylvania Railroad to its
intersection with the centerline of the right -of -way of the Norfolk
and Western Railroad; running thence southwesterly along the
centerline of the right -of -way f the Norfolk and Western
Railroad to its intersection with the centerline of Seneca Street;
running thence southeasterly along the centerline of Seneca
Street to its intersection with the centerline of Babcock Street;
running thence southerly along the centerline of Babcock Street
to its intersection with the centerline of the Buffalo River;
running thence westerly an northwesterly along the various
turns and bends of the centerline of the Buffalo River to the
entrance to the Black Rock Harbor; running thence
northwesterly along the east line of the Black Rock Harbor,
which is the westerly line of the Erie Basin and also the west
line of the so- called New York State Breakwall to the northerly
most point of said breakwall -, running thence southeasterly
along the interior shoreline of the so- called New York State
Breakwall to its intersection with the southwesterly extension
across the Erie Basin Marina of the centerline of the private
drive known as Rivermist Drive; running thence northeasterly
along the southwesterly extension of the centerline of the
private drive known as Rivermist Drive and continuing
northeasterly along the centerline of Riven -rust Drive to its
intersection with the centerline of
Its O jibwa Circle; running thence northeasterly along the
centerline of Ojibwa Circle to ' intersection with the centerline of
Lakefront Boulevard, running thence southeast along the
centerline of Lakefront Boulevard to its intersection with the
centerline of Erie Street; running thence northeasterly along the
centerline of Erie Street -to its intersection with the centerline of
the Niagara Section of the New York State Thruway; running
thence easterly along the centerline of the Niagara Section of
the New York State Thruway to its intersection with the
centerline of Michigan Avenue; running thence northerly along
the centerline of Michigan Avenue to its intersection with the
centerline of the right -of -way of the former Penn Central
Railroad; running thence easterly along the centerline of the
right -of -way of the former Penn Central Railroad to its
intersection with the centerline of Exchange Street, running
thence easterly along the centerline of Exchange Street to its
intersection with the centerline of Hamburg Street -, running
thence northerly and northeasterly along the centerline of
Hamburg Street to its intersection with the centerline of
Jefferson Avenue, running thence north along the centerline of
Jefferson Avenue to its intersection with the centerline of Eagle
Street; running thence easterly along the centerline, of Eagle
Street to its intersection with the centerline of Emslie Street,
running thence north along the centerline of Emslie Street to its
intersection with the centerline of St. Domingo Street, running
thence easterly along the centerline of St. Domingo Street to its
intersection -with the centerline of Bond Street; running thence
north along the centerline of Bond Street to its intersection with
the centerline of Oneida Street; running thence westerly along
the centerline of Oneida Street to its intersection with the
centerline of Emslie Street -, running thence north along the
centerline of Ernslie Street to its intersection with the centerline
of Howard Street; running thence east along the centerline of
Howard Street its intersection with the centerline of Sherman
Street; running thence north along the centerline of Sherman
Street to its intersection with the centerline of Broadway:
running thence easterly along the centerline of Broadway to its
intersection with the centerline of Fox Street: running thence
north along the centerline of Fox Street to its intersection with
High Street -, running thence east along the centerline of High
Street to its intersection with the centerline of Herman Street:
running thence north along the centerline of Herman Street to
its intersection with Best Street: running thence east along the
centerline of Best Street, across Genesee Street, and
continuing east along the centerline of Walden Avenue to its
intersection with the centerline of Kiefer Street: running thence
north along the centerline of Kiefer Street to its intersection with
the centerline of Genesee Street: running thence southwest
along the centerline of Genesee Street to its intersection with
the centerline of Kehr Street, running thence north along the
centerline of Kehr Street to -its intersection with the centerline of
Glenwood Avenue: running thence east along the centerline of
Glenwood Avenue to its intersection with the centerline of the
right -of -way of the former New York Central Railroad: running
thence south along the centerline of the right -of -way of the
former New York Central Railroad to its intersection with the
centerline of Box Avenue: running thence east along the
centerline of Box Avenue to the centerline of Moselle Avenue:
running thence north along the centerline of Moselle Avenue to
its intersection with the centerline of Frankfort Avenue: running
thence west along the centerline of Frankfort Avenue to its
intersection with the centerline of Ernst Avenue: running thence
north along the centerline of Ernst Avenue to its intersection..
with the centerline of East Ferry Street: running thence east
along the centerline of East Ferry Street to its intersection with
the centerline of Nevada Avenue: running thence south along
the centerline of Nevada Avenue to its intersection with the
centerline of Genesee Street; running thence northeast along
the centerline of Genesee Street to its intersection with the
centerline of Burgard Bridge running thence south along the
centerline of Burgard Place across Hazel Place, continue along
the centerline of Burgard Place, across Walden Avenue and
continuing south along the centerline of Fay Street to its
intersection with the centerline of West Shore Avenue, running
thence southeasterly along the centerline of West Shore
Avenue to its intersection with the centerline of Bailey Avenue;
running thence south along the centerline of Bailey Avenue to
its intersection with the centerline of the right -of -way of the
former New York Central Railroad; running thence southwest
along the centerline of the right -of -way of the former New York
Central Railroad to its intersection with the centerline of the
right -of -way of the former Erie Railroad; running thence
southerly along the right -of -way of the former Erie Railroad to
its intersection with the centerline of William Street; running
thence east along the centerline of William Street to the POINT
OF BEGINNING.
Section 2. Insofar as the provisions of this local law are
inconsistent with the provisions of any other local law or act, the
provisions of this local law shall be controlling.
Section 3. This local law shall take effect on April 1, 2003.
APPROVED AS TO FORM
Corporation Counsel
NOTE: Matter in brackets to be deleted; matter underlined is
new.
LAID ON THE TABLE
AYES- BONIFACIO, COPPOLA, FONTANA, FRANCZYK,
GOLOMBEK, LOTEMPIO,MARTINO —7 NOES- DAVIS,
FISHER, GRANT, GRAY, PITTS, THOMPSON - 6
NO. 142
BY: MRS. GRANT
INCREASED APPROPRIATION
DEPARTMENT OF POLICE
That, Pursuant to §20 -11 of the Charter and the Certificate of
the Mayor and the Comptroller submitted to the Common
Council, the appropriation in the budget for the current fiscal
year for Appropriation Allotments Department of Police - Staff
Operations - Service Equipment Maintenance Contract, be and
the same hereby is increased in the sum of $42,000.
That, the comptroller be and hereby is authorized and directed
to increase the revenue estimate of account:
From:
10200030 - 364000 - Department of Police General City
Revenue
- Deposit of Unclaimed Property $42,000
To meet the increased appropriation as set forth below: To:
12020006 - 443400 - Police Staff Op Sv Eq Mnt Cont
$42,000
PASSED
AYES -13 NOES -0
- yALriICRN116111=ILVAI :J1
NO. 143
MR. FISHER
MS. GRAY
AUTHORIZING RESOLUTION
GROUND LEASE OF SCHOOLS
LOCKBOX TRUST AGREEMENT
Joint Resolution of the City of Buffalo and the Buffalo Board
of Education, authorizing a lease of certain educational facilities
to the Erie County Industrial Development Agency and
authorizing a Lock Box Depository Agreement to facilitate
collection and deposit of state aid to education and payment of
debt service on bonds issued by said Agency to finance
renovation, reconstruction, equipping and furnishing of such
facilities. determining the terms and conditions of such
agreement and other matters in connection therewith.
WHEREAS, the Legislature of the State of New York, pursuant
to Chapter 605 of the Laws of 2000, has enacted legislation
authorizing the Erie County Industrial Development Agency
( "ECIDA ") to finance, own or lease educational facilities of the
City of Buffalo (the "City ") and the City School District of the
City of Buffalo (the "School District ") renovated or
reconstructed pursuant to state law, and
WHEREAS, the City and the School District through their duly
authorized agent for such purposes, the Joint School
Construction Board ( "JSCB "), have entered into negotiations
and have submitted a proper application with officials of the
ECIDA to finance various public school facilities and to assist
in the acquisition, renovation, construction. reconstruction,
improvement, equipping and furnishing of such public school
facilities within the City in order to implement the
comprehensive redevelopment of the City's public schools (the
"Project "). such Project to be located at the facilities more
specifically set forth in Appendix A annexed hereto (collectively
the "Facilities "), for lease to the FCIDA pursuant to a Ground
Lease among the City, the School District and the ECIDA (the
"Ground Lease ") and subsequent sublease to the School
District; and
WHEREAS, in order to finance a portion of the cost of the
Project, the ECIDA intends to issue from time to time its
School Facility Revenue Bonds (City School District of the City
of Buffalo Project) (the "ECIDA Bonds "), all pursuant to
Chapter 605 of the Laws of 2000 of thc- State of New York and
other applicable legislation, and to secure the ECIDA Bonds
with sublease payments to be paid by the School District to the
ECIDA pursuant to a Facilities Lease (the "Facilities Lease ")
between the ECIDA and the Buffalo Board of Education and a
mortgage of the ECIDA's interest in the Ground Lease and the
Facilities to the Trustee for the ECIDA Bonds; and
WHEREAS, the School District's obligation to make such
sublease payments to the ECIDA will be subject to annual
appropriation by the State of New York and the School District
and will be payable solely from the total amount of annual aid to
education paid by the State of New York (the "State ") to the
School District and earnings on the investment thereof while in
the custody of the Depository Bank under the Lockbox Trust
Agreement. herein defined ( "State Aid Revenues "); and
WHEREAS, pursuant to the State Education Law (1) the
disbursement of State Aid Revenues is solely the prerogative
and responsibility of the Board of Education so long as such
revenue is spent for the educational purposes appropriated and
within the limits of the appropriation, (2) the Board of Education
shall make such classification of the funds under its
management and control and the disbursements thereof as the
Comptroller of the City (the "Comptroller ") shall require, and (3)
the Board of Education shall furnish such data in relation to
such funds and their disbursements as the Comptroller shall
require; and
WHEREAS, the Comptroller periodically authorizes the
issuance of City revenue anticipation notes in anticipation of the
receipt of State Aid Revenues and the Comptroller is required
by State law to provide for the set aside of State Aid Revenues
to provide for repayment of such notes; and
WHEREAS, the establishment and maintenance of a Lockbox
Trust Agreement into which the State Aid Revenues are to be
deposited for periodic disbursement in the respective amounts
necessary for payment of lease payments due under the
Facilities Lease and City revenue anticipation notes issued in
anticipation of State Aid Revenues will facilitate the marketing
and sale of the ECIDA Bonds secured by such lease
payments;
NOW, THEREFORE,
BE IT JOINTLY RESOLVED BY THE COMMON COUNCIL
OF THE CITY OF BUFFALO AND THE BUFFALO BOARD
OF EDUCATION as follows:
Section 1. The Common Council of the City and the Board of
Education of the School District hereby determine and make
appropriate legislative findings that the Project and the
financing thereby the ECIDA is beneficial for the residents of
the City and will promote educational opportunities to the
residents of the City.
Section 2. In furtherance of the Project, the Common Council
of the City and the Board of Education of the School District
hereby authorize the lease of the Facilities to the ECIDA. For
the purposes of providing the terms and conditions applicable
to the leasing of the Facilities to the ECIDA, the Ground Lease
a form of which is attached here to as Appendix B and made a
part hereof with such changes as the Mayor of the City and the
Superintendent of the School District (the "Superintendent ")
shall deem advisable, be and the same is, hereby approved;
and the Mayor of the City and the Superintendent are hereby
authorized and directed to execute, acknowledge and deliver
the Ground Lease in the respective names of the City and the
School District; the execution and delivery of the Ground Lease
shall be conclusive evidence of due authorization and approval
of by the Common Council of the City and the Board of
Education of the School District respectively of the Ground
Lease.
Section 3. In order to secure the payment of amounts due
under the ECIDA Bonds, the Common Council of the City and
the Board of Education of the School District hereby authorize
the ECIDA to grant a leasehold mortgage on and security
interest in its leasehold interest in the Facilities pursuant to the
Ground Lease.
Section 4. In order to facilitate the payment by the School
District of lease payments under the Facilities Lease and the
marketing and sale of the ECIDA Bonds, the Common Council
of the City and the Board of Education of the School District
hereby authorize the Comptroller and the Superintendent to
direct the payment of State Aid Revenues pursuant to
instructions from the Comptroller and the Superintendent
delivered to the New York State Comptroller to Manufacturers
and Traders Trust Company, Buffalo, New York, as depository
bank (the "Depository Bank "). Such State Aid Revenues will be
held by the Depository Bank in a State Aid Lockbox Depository
Fund and will be disbursed from such fund from time to time to
pay lease payments due under the Facilities Lease. For the
purposes of providing for the terms
of the collection and deposit of State Aid Revenues into the
State Aid Lockbox Depository Fund and 1 -.he investment
thereof and the disbursement of amounts held therein, the
Lockbox Trust Agreement a form of which is attached hereto
as Appendix C and made a part hereof with such changes as
the Mayor of the City and the Superintendent shall deem
advisable, be and the same is, hereby approved; and the Mayor
of the City and the Superintendent are hereby authorized and
directed to execute. acknowledge and deliver the Lockbox Trust
Agreement in the respective names of the Common Council of
the City and the Board of Education of the School District -, the
execution and delivery of the Lockbox Trust Agreement shall be
conclusive evidence of due authorization and approval of by the
Common Council of the City and the Board of Education of the
School District respectively of the Lockbox Trust Agreement.
Section 6. The Common Council of the City and the Board of
Education of the School District, along with their property
authorized agent, the JSCB, are hereby authorized to proceed
with the Project and the Mayor of the City and the
Superintendent are hereby designated the authorized
representatives of the Common Council of the City and the
Board of Education of the School District, respectively and
each of them is hereby authorized and directed to execute and
deliver any and all papers, instruments, agreements, opinions.
certifications, affidavits and other documents and to do and
cause to be done any and all acts and things necessary or
proper for the carrying out of this resolution and ally instrument,
agreements or other documents authorized hereby, and any
prior actions taken to effectuate the Project by the JSCB are
here by ratified.
Section 6. No stipulation, obligation or agreement contained in
this resolution, the Ground Lease, the Lockbox Trust
Agreement or any other documents executed by the City or the
District pursuant to the Ground Lease, the Lockbox Trust
Agreement or any agreement in furtherance hereof shall be
deemed to be a stipulation, obligation or agreement of any
member of the Common Council or Board of Education, officer,
agent or employee of the City or the School District in his or her
individual capacity and neither the members of the Common
Council of the City or Board of Education of the School District
nor any officer executing any of the agreements authorized by
this Resolution shall be liable personally on such agreements
or be subject to any personal liability or accountability by reason
thereof.
Section 7. This resolution shall take e3ect immediately upon
approval of the Mayor of the City and the Superintendent of the
School District.
Introduced:
Rosemarie LoTempio
Beverly H. Gray
Charley H. Fisher III
PASSED
AYES -13 NOES -0
NO. 144
BY: MS. MARTINO
PAYMENT OF CERTAIN SMALL CLAIMS
Where -as, the Common Council, by Item No. 184, C.C.P.,
June 26, 1979, established a specific procedure for payment of
claims of $ 100.00 or less and Claims under Section 207 (a)
and (c) of the General Municipal Law, which pertain to medical
bills of Policemen and Firemen in any amount; and
Whereas, the Common Council by Item No. 104, C.C.P., April
29, 1997, established that all garbage can claims arising out of
the activities of the Department of Street Sanitation that are
related to refuse and recycling be paid out of the Solid Waste &
Recycling Enterprise Fund Budget Account only if the claims
took place after October 1, 1996; and
Whereas, the subject claims are eligible for consideration
under the said procedures; and
Whereas, the Department of Law has verified the validity of the
claims and recommend payment thereof,
Now, Therefore, Be It Resolved:
That the Comptroller be, and he hereby is authorized to make
payment of the following claims, and that said payment be
charged against the "Judgement and Claims Account" in the
Department of Law or be charged against the Solid Waste &
Recycling Enterprise Fund Budget Account:
1. Bridget M. Mitchell, 112 Peck Street, 14212
Claim for loss of shirts inadvertently damaged by Police Officer
on 4/17/02 in the amount of $70.00.
2. James L. Pierakos, 43 Coolidge Road, 14220.
Claim for tire damage at 43 Coolidge Road on 5/19/02 in the
amount of $27.00.
3. Gyorgi Watkins, 42 Treehaven, 14215
Claim for inspection at 56 Stevenson on 9/28/01 that was never
performed in the amount of $75.00.
Investigation by the Department of Law reveals that the above
claims are valid and payment is hereby recommended.
PASSED
AYES -13 NOES -0
NO. 145
BY: MR. PITTS AND MR. DAVIS
REQUEST PERMISSION TO CLOSE STREET FOR
COMMUNITY CLEAN -UP (WOLTZ AVENUE)
Whereas: Residents of Woltz Avenue have undertaken
efforts to beautify their community through the cooperative
efforts of all residents; and
Whereas: The Woltz Avenue Residents have scheduled a
community clean -up on Saturday, October 5, 2002, from 8:00
AM to 4:00 PM; and
Whereas: The Woltz Avenue Residents are hereby requesting
permission to close their street from the hours of 8:00 AM to
4:OOPM, to allow for a successful community clean -up;
Now, Therefore, Be It Resolved That:
This Common Council grants permission to the Woltz Avenue
Residents to close /block off their street from the hours of 8:00
AM to 4:OOPM, on Saturday, October 5, 2002; and
Be It Further Resolved That:
The City Clerk forward copies of this resolution to the
Department of Public Works, Parks and Streets, Traffic
Engineering, and the Buffalo Police and Fire Departments.
ADOPTED
NO. 146
BY: MR. THOMPSON
CASINO GAMING
Whereas: Casino gaming has been moving forward in
Niagara Falls, New York as the Convention Center has begun
renovations towards a
temporary Casino; and
Whereas: There has been many legitimate questions and
concerns the public has about Casino gaming coming to
Buffalo, New York; and
Whereas: There has not been an adequate effort to educate
the /Buffalo public about Casino gaming and the impact it could
possibly have on the City of Buffalo and the residents; and
Whereas: The Government of the City of Buffalo and all
players involved in bring Casino Gaming to Buffalo, NY, should
move through this process in an fair, inclusive, informative and
responsive manner; and
Now Therefore Be It Resolved That: The Committee
on Community Development of the Buffalo Common Council,
the Western New York State Delegation, the Empire State
Development Corporation, Mayors Office and all parties shall
hold a public hearing on Casino gaming in Buffalo, NY on
October Of, 2002 at the Buffalo Museum of Science at
6:OOPM. 17
Antoine M. Thompson
ADOPT FINAL RESOLVE THE REMAINDER REFERRED
TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 147
BY: MR. THOMPSON
CHANGE OF PARKING RESTRICTIONS 668 TO 700
MOSELLE STREET
Whereas: The popularity of the programs and
services at the Delavan Grider Community Center, has created
a influx of users to the center causing traffic problems on
Moselle Street, which is very narrow and active street especially
during morning and evening drive times; and
Whereas: School buses, emergency vehicles, and
parents dropping off their children to the day care center
located directly across the street from the center, have a
hard time of passage during these times
Due to parking on both sides from users of the center; and
Whereas: A parking lot has been constructed for users of the
center to use but due to parking restrictions which allow
parking on the street
The street is often congested due to increased vehicular
parking;
Now Therefore Be It Resolved: The City of Buffalo
Department of Public Works, parks and Streets hereby
change the parking restrictions from 668 to 700 Moselle
Street to No parking on both sides on Monday through
Friday from 8:OOam to 10:00 am and 4:OOpm to 7:OOpm.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE COMMISSIONER OF PUBLIC WORKS
BY: MR. THOMPSON
NO. 148
MR. FONTANA
INCREASE OF TIRE DROP OFF DAYS
Whereas: There has been an increase of infections from the
West Nile Virus in the City of Buffalo and Erie County, which
may have resulted in the death of a Masten District resident;
and
Whereas:Two victims who have contracted the virus had
standing water on or about their property that contained
numerous mosquito larvae and mosquitoes that fit the
characteristics of those that spread the virus; and
Whereas: Preventive measures to reduce the spread and
infection of West Nile Virus includes the elimination of
standing water in tires, pool coverings, bird baths and other
items that collect standing water;
and
Whereas: The emphasis placed on residents to "police" their
own homes to rid all standing water, can be easily done with
the exception of discarding used tires; and
Whereas: Used tires litter vacant lots and streets around the
City of Buffalo, are a breeding ground for mosquitoes due to
the collection of
standing water and many used tires are not disposed of
properly;
and
Whereas: The City of Buffalo has a "Tire Drop off Day" once
a year;
Now Therefore Be It Resolved That:
The City of Buffalo hereby request the Erie County Legislature
to expand Tire Drop Off Days in the City of Buffalo; and
Be It Further Resolved That the Department of Public Works,
Parks and Street Sanitation, develop a strategy to pick up
abandoned tires and illegally dumped tires each week from
neighborhoods in Buffalo.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE COMMISSIONER OF PUBLIC WORKS
NO. 149
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 SICKLE CELL DISEASE ASSOCIATION DAY
By Councilmember GRANT, MICHAUX, PITTS
ADOPTED.
UNFINISHED BUSINESS
NO. 150
DETERMINATION & FINDINGS -43 WEST HURON & 352
PEARL ST. (STRAT. PLAN.)
( #12- 7/23/02)
Mrs. LoTempio moved that the above item be taken from the
table.
Seconded by Mr. Fontana
CARRIED
Mrs. LoTempio now moved that the above item is received and
filed.
Seconded by Mr. Fontana
ADOPTED
AYES — BONIFACIO, COPPOLA, DAVIS, FONTANA,
FRANCZYK, GOLOMBEK, GRAY, LOTEMPIO, MARTINO,
PITTS - 10 NOES — FISHER, GRANT, THOMPSON - 3
NO. 151
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in
the Common Council Chambers, 13 th floor City Hall, Buffalo,
New York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, Oct. 8, 2002 at 9:30
o'clock A.M.
Committee on Finance Tuesday, Oct. 8,
2002 at 10:00 o'clock A.M.
following Civil Service
Committee on Legislation Tuesday, Oct. 8,
2002 at 2:00 o'clock P.M.
Committee on Comm. Dev. Wednesday, Oct. 9, 2002 at 11:00
o'clock A.M.
Committee on Education Wednesday, Oct. 9,
2002 at 2:00 o'clock P.M.
Special Committees
Special Legislation Committee Meeting Wednesday, October 2,
2002 at 10:00 o'clock A.M. in Room 1417 City Hall re: Increase
Fines /Fees Associated With Dog Control Violations
Streets Services Monday, October 7, 2002 at
10:00 o'clock A.M. in
Room 1417 City Hall.
Bi- National Bridge Thursday, October 10, 2002 at
2:00 o'clock P.M. in
Room 1417 City Hall.
(Public Disclaimer ): All meetings are subject to change and
cancellation by the respective Chairmen of Council
Committees. In the event that there is sufficient time given for
notification, it will be provided. In addition. there may be
meetings set up whereby the City Clerk's Office is not made
aware, therefore, unless we receive notice from the respective
Chairmen, we can only make notification. of what we are made
aware.
NO. 152
ADJOURNMENT
On a motion by Mrs. LoTempio, Seconded by Mr. Thompson
the Council adjourned at 5:22 pm
CHARLES L. MICHAUX, III
CITY CLERK