HomeMy WebLinkAbout02-0319No. 6
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
March 19, 2002
MAYOR
Hon. Anthony M. Masiello
COMPTROLLER
Anthony Nanula
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
James W. Pitts
PRESIDENT PRO TEMPORE
Richard A. Fontana
MAJORITY LEADER
Rosemarie Lo Tempio
COUNCILMEMBERS -AT -LARGE
Beverly Gray
Charlie A. Fisher III
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
MARC A. COPPOLA - DELAWARE
BRIAN C. DAVIS - ELLICOTT
DAVID A. FRANCZYK - FILLMORE
RICHARD A. FONTANA - LOVEJOY
ANTOINE M. THOMPSON - MASTEN
DOMINIC BONIFACIO - NIAGARA
JOSEPH GOLOMBEK JR. - NORTH
MARY M. MARTINO - SOUTH
BETTY JEAN GRANT - UNIVERSITY
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Marc Coppola,
Chairman, Charley H. Fisher III, Joseph Golombek Jr., Mary
Martino, Antoine Thompson- Members
CLAIMS COMMITTEE: Mary M. Martino, Chairman,
Marc A. Coppola, Brian C. Davis, Richard Fontana, Betty
Jean Grant - Members
COMMUNITY DEVELOPMENT COMMITTEE: Antoine
Thompson, Interim Chairman, Dominic J. Bonifacio Jr. Brian
C. Davis, Joseph Golombek Jr., Beverly Gray, Rosemarie
LoTempio- Members
FINANCE COMMITTEE: Betty Jean Grant, Chairman,
Marc Coppola, Brian C. Davis, Charley H. Fisher III, David A.
Franczyk, Mary Martino - Members.
LEGISLATION COMMITTEE: Richard A. Fontana,
Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, Joseph
Golombek Jr., Betty Jean Grant, Rosemarie LoTempio,
Members
RULES COMMITTEE: James W. Pitts, Chairman
Charley H. Fisher III, Rosemarie LoTempio , Members
EDUCATION COMMITTEE: Charley H. Fisher III,
Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, David A.
Franczyk, Beverly Gray, Antoine Thompson; Members
SPECIAL COMMITTEES
TELECOMMUNICATIONS COMMITTEE: James W.
Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty
Jean Grant, Joseph Golombek Jr.; Members
BUDGET COMMITTEE: Rosemarie LoTempio,
Chairman, Richard Fontana, Mary M. Martino, James W.
Pitts
ERIE BASIN MARINA LEASE COMMITTEE: James
W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr.,
Charley H. Fisher III, Joseph Golombek Jr.
POLICE REORGANIZATION COMMITTEE: Dominic J.
Bonifacio Jr., Chairman, Brian C. Davis, Richard Fontana,
David A. Franczyk, Mary Martino, Charley Fisher III.
CORPORATION
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, (MARCH 19, 2002)
AT 2:00 P.M.
PRESENT - James W. Pitts President of the Council,
and and Council Members Bonifacio, Brown, Coppola,
Ellington, Fisher, Fontana, Golombek Grant, Gray,
LoTempio, Martino, Pitts, and Williams - 13.
ABSENT - None.
On a motion by Mrs. LoTempio, seconded by
Mr.Fontana, the minutes of the stated meeting held on
(March 6,2002) were approved.
FROM THE MAYOR
FROM THE MAYOR
NO. 1
APPT MEMBERS CITIZENS ADVISORY COMMISSION
ON REAPPORTIONMENT
Dear Council members:
Pursuant to section 18 -12 of the Charter of the City of
Buffalo, I hereby appoint the following individuals to the
Citizens Advisory Commission on Reapportionment:
Mark Longo, 722 Parkside Avenue, Buffalo, New York 14216
Laura Gang, 42 Mumford, Buffalo, New York 14220
George K. Arthur, 154 Roebling Avenue, Buffalo, New York
14215
Wendy Pierce, 530 Ashland Avenue, Buffalo, New York
14222
The persons listed above are outstanding community
leaders. I have every confidence that they will individually
and collectively exercise their duties in a rational and
responsible way to insure that an equitable reapportionment
plan is developed.
Sincerely,
Anthony M. Masiello
Mayor
RECEIVED AND FILED
Mr. Franczyk then moved to amend the original motion and
Legislation.
Seconded by Mr. Fontana
LOST
AYES — Franczyk-1 NOES — Bonifacio, Coppola, Davis,
Fisher, Fontana, Golombek, Grant, Gray, LoTempio,
Martino, Pitts, Thompson — 12
Original motion of Received and Filed Stands
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE OFFICE OF CITIZEN SERVICES
NO. 2
MONTHLY REPORT FROM THE DIVISION OF CITIZEN
SERVICES (MAYOR'S COMPLAINT HOT LINE)
FEBRUARY
2002
Dear Members of Buffalo's Common Council:
Attached is the monthly report from the Division of Citizen
Services.
February's calls were consistent with this year's trend of
reduced complaints, with the exception of forestry services
calls due to an early month storm characterized by high
winds and icy conditions, that knocked out power in much of
Northern Erie County and closed schools for two days.
Particularly hard hit in Buffalo, were the University, North
and Masten council districts.
Other observations, were a dramatic decrease in garbage
related complaints, including broken and stolen totes.
Also, the Niagara district led in the number of housing
related complaints; South had the most December storm
related complaints; and Fillmore had the most abandoned
cars.
Finally, the 2002 bulk trash pick -up schedules are ready to
be mailed in April's User Fee bills, with the first pick -up in the
Delaware district for the week of April 7.
As always, I hope that you find this information useful.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE OFFICE OF DISASTER PREPAREDNESS
NO. 3
SOLE SOURCE APPROVAL FOR PURCHASE OF
NOAA WEATHER RADIOS
The City of Buffalo Disaster Preparedness Office is
requesting "sole source" approval for the purchase of
400 -500 units of Radio Shack Corporation's model number
12 -250 Weather Radios at a unit cost of $44.99 each. These
radios shall be purchased with funds from a $300,000.00
FEMA Project Impact Grant for the purpose of facilitating a
city wide community disaster preparedness and notification
PROCEEDINGS
project. Radios will be distributed throughout city emergency
response agencies, schools, hospitals, daycare centers and
nursing homes. This grant is designed to build partnerships
for disaster mitigation and sustainability in the City of Buffalo.
We are required to demonstrate matching funds for the
Project Impact Community Disaster Preparedness Initiative
through the commitment of local partnerships. The National
Weather Service and Radio Shack Corporation are. vital
partners in the success of this plan. Attached are letters from
both partners outlining their participation and commitment to
this project. If you should have any further questions please
contact John W. Sniderhan, City of Buffalo Disaster
Coordinator
Mrs. LoTempio moved:
That the above communication from the Office of Disaster
Preparedness dated March 13, 2002, be received and filed;
and
That the Disaster Coordinator be, and he hereby is
authorized to purchase 400 -500 units of Radio Shack
Corporation's model number 12 -250 Weather Radios at a
unit cost of$44.99 each for a total to be taken out of funds
from a $300,000.00 FEMA Project Impact Grant for the
purpose of facilitating a city -wide community disaster
preparedness and notification project.
PASSED
AYES -13 NOES -0
FROM THE ENVIRONMENTAL MANAGEMENT
COMMISSION
NO. 4
ENVIRONMENTAL MANAGEMENT COMMISSION
ENV. REVIEW TASK FORCE: PROGRESS REPORT.
ITEM NO. 192, C.C.P. APRIL 17, 2001
Pursuant to the request of Common Council resolution
"Formation of Environmental Review Task Fox -cell, the
Buffalo Environmental Management Commission (EMC) has
formed, staffed, and participated in a Buffalo SEQRA Task
Force. In the next several months the Task Force expects to
issue a comprehensive report with significant action
recommendations. The Task Force has now operated for
eight months, and wishes to update the Council on its
progress to date.
The twelve members of the Task Force include
Councilmembers Fisher and Fontana, three Mayoral
appointments from among the employees of City agencies,
three ENC members, and other citizen members from the
legal, development, and environmental communities. The
Task Force has reviewed SEQRA requirements,
opportunities, and challenges against the operations of City
departments. It has met frequently, undertaken detailed
operational surveys of City departments and agencies,
talked intensively with the NYS Department of Environmental
Conservation surveyed the procedures of other
municipalities, and is preparing focussed case studies on
significant past City SEQRA actions.
The Task Force is very clear that good SEORA protects the
City from legal challenge and is of great practical benefit to
the City. The Task Force and the Commission look forward
to ongoing discussion and work with City officials toward
workable SEQR imp3Fovements. If the Common Council
has questions, comments, or suggestions at this time, the
Task Force would welcome them.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
FROM THE CITY PLANNING BOARD
NO. 6
F. GALAB & A. NAGI
2666 BAILEY AVE.
USED CAR SALES & REPAIRS
ITEM NO. 92, C.C.P. 3/4/2002
The City Planning Board at its regular meeting held
Tuesday, March 12, 2002, considered the matter captioned
above pursuant to Section 511 -110 of the Buffalo Code,
Discontinuance.
The applicant seeks re- establish a discontinued
non - conforming use of a building and parcel for used car
sales and a repair shop. Under SEQR the proposed Human
Service Facility is considered an unlisted action which may
be studied through uncoordinated review.
The Planning Board voted to recommend approval
conditioned on the submission of an adequate site plan with
landscaping acceptable to Planning Board staff and an
approval from the Zoning Board of Appeals.
RECEIVED AND FILED
NO. 6
JP GROUP
1102 -1104 KENSINGTON AVE.
HUMAN SERVICE FACILITY
ITEM NO. 91, C.C.P. 3 /6/2002
The City Planning Board at its regular meeting held
Tuesday, March 12, 2002, considered the matter captioned
above pursuant to Section 511 -136 of the Buffalo Code, Use
permit required for human service facilities.
The applicant seeks to use the second floor of an existing
office building for offices of a human service facility. Under
SEQR the proposed Human Service Facility is considered
an unlisted action which may be studied through
uncoordinated review.
The Planning Board voted to communicate a finding of no
concentration of similar uses within Y2 mile radius of the site.
RECEIVED AND FILED
NO. 7
SYMPHONY CIRCLE STEERING COMMITTEE
PORTER, PENNSYLVANIA & PLYMOUTH VARIOUS
ENCROACHMENTS
ITEM NO. 31, C.C.P. 2/19/2002
The City Planning Board at its regular meeting held
Tuesday, March 12, 2002, considered the matter captioned
above pursuant to Section 413 -67 of the Buffalo Code,
Encroachment Regulations.
The applicant seeks to encroach the right -of -way with
architectural bus shelters to be located at the corners of
Plymouth and Pennsylvania, Plymouth and Porter and at
Porter and Symphony Circle. The applicants have been
working with the University of Buffalo as part of an
architectural design class.
The Planning Board voted to approve the encroachments
with the conditions that have been set by the Buffalo
Preservation Board and with the condition that any liability
issues be resolved prior to the issuance of any permits.
Please note the applicants have withdrawn the shelter that
was to be located at the Southeast corner of Plymouth and
Porter Avenues.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 8
BMHA POSITIONS FUNDED
THROUGH CDBG
ITEM NO. 161 , C.C.P. 10/30/01
Dear Councilmembers:
Councilmember Antoine Thompson requested information
as to the number of BMHA positions funded through the
Community Development Block Grant. Please be advised
that CDBG does not fund any positions of the Buffalo
Municipal Housing Authority, however, CDBG does fund a
BURA position of Section 3 Coordinator (Exempt) at
$53,000. This position is assigned -to the Buffalo Municipal
Housing Authority, however, the salary plus fringes are
reimbursed to BURA by BMHA.
I trust that this answers your question.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 9
LEASE AGREEMENT - 90 HOPKINS
METZINGER TRUCKING
The Office of Strategic Planning, Division of Real Estate,
has received a request from Mr. Gene Metzinger of
Metzinger Trucking to lease 90 Hopkins Street. The property
will be used to clean hard fill from City of Buffalo building
sites. Screened clean fill and other material will be recycled.
No contaminated fill will be brought to the site.
The property is located on the west side of Hopkins, is an
industrial site, and consists of approximately 7 acres of land.
The site has dilapidated buildings and is a constant site of
illegal dumping.
Mr. Metzinger has agreed to lease the property for three
years for One Hundred Dollars ($100.00) per month. He has
also agreed to remove all debris from the property and
demolish the remaining buildings at his own cost and
expense. There will be a 30 day cancellation clause and the
leasee will provide general liability insurance, type and
amount to be determined by the Corporation Counsel, City of
Buffalo.
I am recommending that Your Honorable Body approve a
Lease Agreement with Metzinger Trucking, upon the above
stated terms and conditions. I am further recommending that
the corporation Counsel prepare the necessary Lease
Agreement and that the Mayor be authorized to execute the
same.
Mrs. LoTempio moved. -
That the above communication from the Office of Strategic
Planning dated March 8, 200 1, be received and filed; and
That the Executive Director of Strategic Planning be, and he
hereby is authorized to enter into a lease between the City
and Mr. Gene Metzinger of Metzinger Trucking, for use of 90
Hopkins Street for a three (3) year term at a rate of One
Hundred Dollars ($100.00) per month and with the terms and
conditions as listed in the above communication. That the
Corporation Counsel be authorized to prepare the necessary
lease and that the Mayor be authorized to execute the same.
PASSED
AYES -13 NOES -0
NO. 10
RESULTS OF NEGOTIATIONS
547 BUSTI, 227,50' NW JERSEY
VACANT LOT: 26'X 132'
ASSESSED VALUATION: $2,100
The Office of Strategic Planning, Division of Real Estate,
has received a request to purchase 547 Busti Avenue from
Mr. Eliott Velazquez and Mrs. Sandia Velazquez, 543 Busti
Avenue, Buffalo, New York 14201. Mr. and Mrs. Velazquez
own a one family dwelling at 543 Busti Avenue, which
adjoins 547 Busti Avenue. They intend to use the property
for extra yard space.
The office of Strategic Planning and the Division of
Collections have no objection to the sale. There are no
outstanding taxes, building code violations, or other liens
owed to the City of Buffalo by the purchasers.
An independent appraisal of the property was conducted by
Mr. William B. Ciambra of Giambra Realty Corporation, 5
Mayberry Drive, East, Buffalo, New York 14227. He has
estimated the value of the parcel to be Five Hundred Dollars
($500), Fifteen Cents (.15) a square foot. The Division of
Real Estate has investigated the sales of similar properties
in the area. Sales prices range from Thirty -One Cents (.31)
to Forty -Nine Cents (.49) a square foot.
The results of our negotiations are that Mr. and Mrs.
Velazquez have agreed and are prepared to pay One
Thousand Dollars ($1,000), Thirty Cents (.30) a square foot
for this parcel. They have also agreed to pay for the cost of
the appraisal, transfer tax, recording fee's and cost of the
legal description.
I am recommending that Your Honorable Body approve the
sale of 547 Busti Avenue to Mr. and Mrs. Velazquez in the
amount of One Thousand Dollars ($1,000). 1 am further
recommending that the Corporation Counsel prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 11
RESULTS OF NEGOTIATIONS
1011 LAFAYETTE, 341.7' E HARVARD LOT SIZE 33' X
161'
ASSESSED VALUATION: LAND $ 4,600
TOTAL $ 27
1015 LAFAYETTE, 374.50' W MAIN
LOT SIZE: 32'X 153'
ASSESSED VALUATION: LAND $ 4
TOTAL $ 30
The Office of Strategic Planning, Division of Real Estate
has received a request to purchase the above properties
from Mr. Barrington K. Waite, 117 Hartford Road, Amherst,
New York 14226. Mr. Waite intends to rehabilitate the
buildings and use for income purposes.
The property at 1011 Lafayette consists of a 2,847 square
foot three family dwelling situate on a lot 33' x 161f. The
property at 1015 Lafayette consists of a 2,940 square foot
two family dwelling situate on a lot 32'x 153'. Both properties
are in need of rehabilitation. The purchaser has provided the
Division of Real Estate with plans to rehabilitate the
dwellings and proof of financial ability to complete the
purchase and repairs.
The Office of Strategic Planning and the Division of
Collections have no objections to the sale. There are no
outstanding taxes, code violations, or other liens owed to the
City of Buffalo by the purchaser.
Timothy Magyar of the Federal Home Loan Mortgage
Corporation conducted an independent appraisal on the
properties. He estimated the value of loll Lafayette Avenue
to be Seven Thousand Five Hundred Dollars ($7,500) and
the estimated value of 1015 Lafayette Avenue to be Five
Thousand Dollars ($5,000). The total of the two dwellings is
Twelve Thousand Five Hundred Dollars
($12,500). The Division of Real Estate concurs with the
estimate of value.
The results of our negotiations are that the purchaser has
agreed and is prepared to pay Twelve Thousand Five
Dollars ($12,500) for the two (2) parCE -1 S. He has also
agreed to pay for the cost of the appraisals, transfer tax,
recording fee's and cost of the legal descriptions.
I am recommending that Your Honorable Body approve the
sale of 1011 and 1015 Lafayette Avenue to Mr. Barrington
Waite in the amount of Twelve Thousand Five Hundred
Dollars ($12,500). 1 am further recommending that the
Corporation Counsel prepare the necessary documents for
the transfer of title and that the Mayor be authorized to
execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 12
RESULTS OF NEGOTIATIONS
639 WOODLAWN, S 470' E HUMBOLDT PKWY.
VACANT LOT: 30'X 103'
ASSESSED VALUATION: $ 2,100.
The Office of Strategic Planning, Division of Real Estate,
has received a request to purchase 639 Woodlawn Avenue
from Mr. Charles I. Price, 652 Woodlawn Avenue, Buffalo,
New York 14211. Mr. Price owns a two family home at 641
Woodlawn Avenue, which is adjoining to 639 Woodlawn
Avenue. He intends to fence in the area and use for extra
yard space for his tenants.
The Office of Strategic Planning and the Division of
Collections have no objections to the sale. There are no
building code violations, taxes or other liens owed to the City
of Buffalo by the purchaser.
An independent appraisal of the property was conducted by
Thomas L. Evege, appraiser, 21 Bennett Village Terrance,
Buffalo, New York 14214. He has estimated the value of the
property to be Four Hundred Dollars ($400), Thirteen Cents
(.13) a square foot. The Division of Real Estate has
investigated the sale of similar properties in the subject area.
Sales prices range from Nineteen Cents (.19) to Thirty -Nine
Cents (.39) a square foot.
The results of our negotiations are that Mr. Price has agreed
and is prepared to pay One Thousand Dollars ($1,000),
Thirty -Three Cents (.33) a square foot, for the subject
property. He has also agreed to pay for the cost of the
appraisal, transfer tax, recording fees and cost of the legal
description.
I am recommending that Your Honorable Body approve the
sale of 639 Woodlawn Avenue to Mr. Charles I. Price in the
amount of One Thousand Dollars ($1,000). 1 am further
recommending that the Corporation Counsel prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 13
"700 BLOCK OF MAIN STREET"
At the request of the Mayor, the Office of Strategic
Planning will commence implementing the amended Urban
Renewal Plan for the 700 Block of Main Street. The first step
will include the acquisition and stabilization of the properties
commonly referred to as the Schmidt & Schifrin Buildings.
The 2002 Capital Budget includes an appropriation of
$2,500,000 to implement the amended Urban Renewal Plan
for the 700 Bloc of Main Street.
The Office of Strategic Planning is currently requesting the
Comptroller's Office to prepare a bond resolution.
We expect the Comptroller to submit the bond resolution to
the Common Council for its March 28" meeting.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT AND THE COMPTROLLER
NO. 14
TRANSFER OF PROPERTIES TO
BMHA HOPE VI AREA
The Office of Strategic Planning, Division of Real Estate,
has received a request from the Buffalo Municipal Housing
Authority to acquire parcels of vacant land owned and
acquired by the City of Buffalo through tax - foreclosure in the
Hope VI Lakeview Housing Development Area.
The BMHA has offered Three Hundred Twenty Three
Thousand Dollars $32,000.) for 93 of the 118 vacant lots
described on the attached inventory list. The offer is
contingent upon a satisfactory environmental review,
appraisal review and obtaining title insurance by the BMHA.
In the event that a property is deemed unsatisfactory for
purchase, the City will substitute any parcel listed on the
inventory list.
In addition to the Three Hundred Twenty Three Thousand
Dollar offer, the BMHA has an additional Seventy Seven
Thousand Dollars ($77,000.) to acquire other parcels. The
additional parcels will be acquired at a price of Thirty Dollars
($30.) per running foot of frontage. The parcels will be
purchased as soon as the structures on them have been
demolished.
I am requesting that Your Honorable Body authorize the sale
of the properties on the inventory list to the BMHA upon the
terms and conditions stated above. I 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 COMMUNITY
DEVELOPMENT
NO. 15
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM
403 SWEET (CITY OWNED- VACANT LOT, 30' X 94'
The Office of Strategic Planning has surveyed the
city -owned vacant lot at 403 Sweet Avenue, Buffalo New
York 14211, parcel is 30' x 94' 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. Robert J. Collins residing at 228 Sobieski, behind 403
Sweet Avenue, has indicated that he will clean, improve and
maintain the lot in the event that he 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 that the city -owned vacant lot to
be designated as a Homestead Property and be transferred
to Mr. Robert J. Collins 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
FROM THE COMPTROLLER
NO. 16
APPT. CITIZENS ADVISORY
COMMISSION ON
REAPPORTIONMENT
ITEM NO. #2A, C.C.P. 3/5/2002
ITEM NO. #2313, C.C.P. 3/5/2002
In regards to the Council's request for the Office of the
Comptroller to undertake a standard review of proposed
appointees to the Citizen's Advisory Commission, this Office
conferred with the Law Department as to the parameters of
the requested review.
In response, Mr. Darryl McPherson indicated that such
referral for review to the Comptroller was previously due to
the placement of the Division of Collections under the Office
of the Comptroller /Department of Audit and Control. Mr.
McPherson also added that such a review request would be
whole and complete through any response made by the Law
Department and the Division of Collections in this matter.
This Office, therefore, has nothing to add to what the Law
Department and Division of Collections would respond with.
RECEIVED AND FILED
FROM THE PRESIDENT OF THE COUNCIL
NO. 17
APPT MEMBERS
CITIZENS ADVISORY COMMISSION ON
REAPPORTIONMENT
In accordance with Section 18 -12 of the City Charter, I am
appointing the following persons to serve on the Citizen's
Advisory Commission on Reapportionment:
Jennifer L. Washington Dr. Henry Taylor
18 Pine Street 360 Linwood
Avenue
Buffalo, New York 14204 Buffalo, New York
14209
Jeffrey L. Mannillo, Esq. Frank Messiah
12 Claremont Avenue 78 Crescent
Avenue
Buffalo, New York 14222 Buffalo, New
York 14214
Andre Garcia
429 West Delavan Avenue
Buffalo, New York 14213
These appointees are well qualified and very knowledgeable
of public and community affairs. Given the importance of the
reapportionment process I am confident they will perform
their duties with excellence.
Mrs. LoTempio Moved:
That the above communication from the Council President
dated March 1, 2002, be- received and filed -, and
That the appointment as members of the Citizen's Advisory
Commission on Reapportionment of Jennifer L. Washington,
Jeffrey L. Manillo, Andre Garcia, Dr. Henry Taylor and Frank
Messiah, be and they hereby are approved.
Passed
AYES - 12 BONIFACIO, COPPOLA, DAVIS, FISHER,
FONTANA, GOLOMBEK, GRANT, GRAY, LOTEMPIO,
MARTINO, PITTS AND THOMPSON
NOES — 1 FRANCZYK
NO. 18
Cooperative Minority Business Assistance
I would like to introduce C.E.M., Inc., a minority - owned,
SDB certified 8(a) company to you in the hopes that with the
assistance of government officials such as yourself, the
minority businesses in Western New York can develop
strong working relationships.
CEM, Inc. occupies a former medical facility located at 3385
Bailey Avenue, 2 blocks south of the Veteran's
Administration Hospital. Our first floor has recently been
renovated, which includes 4500 square feet of office space
that we are considering turning into a business /incubator site
as well as resource center for minority businesses and small
independent contractors. We are aggressively pursuing the
many upcoming projects including the Buffalo Schools and
Erie County courthouse to name a few.
We feel there is a need for a coordinated effort on the part of
the minority contractors in the area to best take advantage of
the tremendous opportunity regarding the upcoming
projects. While most contractors can handle the myriad
tasks, most small contractors have a difficult time with
paperwork, insurance, accounting, marketing, professional
proposals, etc. It is in my opinion that if a more cooperative
approach, with some mentoring from the major contractors in
the Western New York area, many small minority contractors
can become successful.
CEIM is uniquely qualified to assist small contractors and we
aim to maintain good working relationships with any
contractor interested in what we have to offer. C.E.M., Inc.'s
past history reflects our goals for the future. We have
assisted some small businesses with providing office space,
supplies, computer equipment and secretarial services that
enable them to concentrate on their clients and endeavors
and not the administrative end of their business. Our
relationship with many large contracting firms in the area
could benefit these smaller contracting companies. I have
forwarded letters to the participating members of Minority
Business Solutions, in the hopes that their interest in this
endeavor is as great as mine.
I would appreciate any comments or suggestions from you
regarding this, and look for -ward to hearing from you. The
opportunities in WNY should be available to all contractors,
and this is a step in that direction. Please call me at (716)
834 -5762 and I would be glad to schedule a meeting to
discuss this further.
REFERRED TO THE SPECIAL COMMITTEE ON
MINORITY BUSINESS ENTERPRISE COMMITTEE
NO. 19
J. GIAMBRA
REQ. PAYMENTS FOR SNOWPLOWING
SCOTT LAWN /YARD
I received a call from Chris McClendon of Scott Lawn and
Yard about payment for snowplowing.
Would you please check into this situation?
Your cooperation is appreciated.
REFERRED TO THE COMMITTEE ON FINANCE THE
COMMISSIONER OF PUBLIC WORKS AND THE
COMPTROLLER
NO. 20
INVITATION ERIE CO LEG.
1% SALES TAX DISCUSSION
As you may know, the 2002 Erie County Budget, which
was unanimously approved by the Erie County Legislature
on November 11, 2001, includes nearly $111 million in
anticipated revenue based upon the continuation of the
County's additional one percent sales tax.
On February 7, 2002, the Legislature approved the annual
extension, thus ensuring that the 2002 Erie County Budget
remains in balance.
Since the approval, there has been debate concerning the
sharing of this extra one Percent sales tax revenue with local
municipalities. I am writing to invite you to an informational
meeting where this topic will be brought to the forefront.
The informational meeting will be held Friday, March 22,
2002 from 11:00 am to 1:00 pm in the Legislature's
Committee Room 1. The format of the meeting will be
formal, but with flexibility to allow a broad scope of ideas to
be expressed by invited quests.
Topics included in the session will be current uses of the one
percent sales tax revenue, municipality distribution of such
revenue, and examination of practical uses and distribution
of revenue growth generated by the one percent sales tax.
I'm pleased to be able to bring this issue to the community
through this informational meeting. I know there are many
opinions on this topic in the community, and this is a great
way to learn and address those opinions. Please note,
though, that due to the time constraints, speakers may be
limited in their speaking time.
Please respond to my office - 858 -8807 - by Friday, March
15 to let me know if you'll be attending. Please contact my
office if you have any questions, as well.
RECEIVED AND FILED
NO. 21
COMMENTS OVERSIGHT
YEAR 28 BLOCK GRANT APPLICATION
In an apparent oversight, the Block Grant Budget being
considered by the Common Council contains no allocation
for fair housing. The "Don't Borrow Trouble Fund ", labeled as
Fair Housing /Anti Predatory Lending in the proposed budget,
is not a fair housing program in furtherance of fair housing
compliance.
If the oversight is not corrected the entire. Block Grant
Proposal for year 28 could be denied by HUD as not being in
compliance with Community of Buffalo Block Grant
Regulations - 24 CFR Part 570. et. seq. As I am certain you
are aware, section 570.601 Public Law 88 -352 and Public
Law 90 -284: affirmatively furthering fair housing: Executive
Order 11063, requires that the grant must include activities
in furtherance of fair housing, Additional sections of the
regulations governing block grants also reference the
necessity of fair housing activity. See also, section 57, OA87
of 24 CFR Part 570, et. seq.
As it would be a great loss to see the Block Grant application
for year 28 fail, I am certain you will see that the oversight I
have described is corrected.
RECEIVED AND FILED
NO. 22
Reapportionment Commission Appointees & Resumes
Attached are the resumes for Frank Mesiah, Dr. Henry
Taylor, Jeffrey C. Mannillo, Jennifer L. Washington, and
Andres Garcia.
Mr. Mesiah, Dr. Taylor, Mr. Mannillo, Ms. Washington and
Mr. Garcia are appointees to the Reapportionment
Commission.
Please let me know if you have any questions.
Copies available in City Clerks Office for review
RECEICVED AND FILED
NO. 23
WATE BILL
JOHNNIE B WILEY SPORTS PAVILION
Attached is the Water Bill for the Johnnie B. Wiley Sports
Pavilion. Which has a past due amount.
Your immediate attention to this matter would be greatly
appreciative.
Copy available in City Clerks Office
REFERRED TO THE COMMITTEE ON FINANCE AND THE
COMMISSIONER OF PUBLIC WORKS
FROM THE COMMISSIONER OF ASSESSMENT AND
TAXATION
NO. 24
#83 C. C. P. March 5, 2002
H. Taylor Fruit Belt /Med.
Corridor Tax Incre. Financing
District Report
With regard to the above item referred to this office for
comment, we are respectfully requesting an extension of the
deadline for a reply.
We are contacting the Center for Urban Planning to obtain a
copy of the entire report so that we can make an informed
response. Upon receipt and review of the materials, we will
submit our response.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 25
Certificate of Appointment
Appointment Effective: March 6, 2002 in the Department of
Assessment and Taxation to the Position of Senior Tax Clerk
Temporary Appointment at the: Intermediate Starting Salary
of $29,324 Latifa A. Mack 159 Hamlin Road Buffalo, NY
14208
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 26
CERTIFICATE OF APPOINTMENT
Appointment Effective: March 13, 2002 in the Department of
Assessment and Taxation to the Position of Associate Tax
Clerk Temporary Appointment Intermediate at the: Starting
Salary of: $32,269 Secret Thompson 49 Highgate Avenue
Buffalo, NY14214
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF PUBLIC WORKS,
PARKS AND STREETS
No. 27
Notification Serial #9392
Install Handicapped Parking
McKinley Parkway, northeast side
between a point 69 feet southeast of Alsace Avenue
and a point 54 feet southeast therefrom
HANDICAPPED PARKING - INSTALL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That part of Subdivision 26 Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding
thereto the following: HANDICAPPED PARKING
HANDICAPPED PARKING LOCATION
McKinley Parkway, northeast side between a point 69 feet
southeast of Alsace Avenue and a point 54 feet southeast
therefrom
PERIOD OF HANDICAPPED PARKING
At all times
This action is being taken at the request of the South Park
United Presbyterian Church. It will provide two on- street
handicapped parking spaces - one on either side of the
driveway /entrance to the church, and will not adversely
affect available on- street parking in this area.
Notification Serial #9393
Repeal One -Way Street Direction
Franklin Street - northbound
from Church Street to Edward Street
ONE -WAY STREET DIRECTION - REPEAL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo., the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That part of Section 22 of Chapter 479 of Ordinances of the
City of Buffalo be supplemented by repealing therefrom the
following: ONE WAY STREET DIRECTION
NAME OF STREET
Franklin Street from Church Street to Edward Street
DIRECTION OF TRAFFIC MOVEMENT
northbound
This action is being taken in order to improve and enhance
traffic circulation in, through and around the Central
Business District.
Notification Serial #9394
Repeal One -Way Street Direction
Washington Street - southbound
from Goodell Street to
South Division Street
ONE -WAY STREET DIRECTION - REPEAL
in conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That part of Section 22 of Chapter 479 of Ordinances of the
City of Buffalo be supplemented by repealing therefrom the
following: ONE WAY STREET DIRECTION
NAME OF STREET
Washington Street from Goodell Street to South Division
Street
DIRECTION OF TRAFFIC MOVEMENT
southbound
This action is being taken in order to improve and enhance
traffic circulation in, through and around the Central
Business District.
Notification Serial #9395
Install Handicapped Parking
Choate Avenue, southeast side
between a point 343 feet southwest of Abbott Road
and a point 40 feet southwest therefrom
HANDICAPPED PARKING - INSTALL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That part of Subdivision 26 Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding
thereto the following: HANDICAPPED PARKING
HANDICAPPED PARKING LOCATION
Choate Avenue, southeast side between a point 343 feet
southwest of Abbott Road and a point 40 feet southwest
therefrom
PERIOD OF HANDICAPPED PARKING
At all times
This action is being taken at the request of Trocaire College.
It will provide two on- street handicapped parking spaces
adjacent to the college entrance, and will not adversely
affect available on- street parking in this area.
RECEIVED AND FILED
No. 28
Report of Bids
Construction of Handicap Ramps Phase IX
2002, Group #593
This is to advise your Honorable Body that I have
advertised and received bids on March (1, 2002 for the
Construction of Handicap Ramps- Phase IX - 2002, Group
#593.
In obtaining bids for the above project, I have asked for bids
on a unit price 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 materials
entering into the work and may be either more or less than
the total bid.
The following bids were received:
Base Bid Unit Price
Increase
C & C Contractors, Inc. $56,727.50
$62,400.25
971 Ransom Rd., Buffalo, NY 14203
P & J Construction Co., Inc. $58,815.00
$64,696.50
709 Pleasantview Dr., Lancaster, NY 14086
Sicilia Construction Co., Inc. $63,630.00
$69,993.00
548 Ransom Road, Lancaster, NY 14086
North America Const. Co., Inc. $70,407.00
$77,447.70
6221 Goodrich Rd., Clarence, NY 14012
Aragona Construction Corp. $75,594.00
$83,153.40
5755 Newhouse Road, East Amherst, NY 14051
Campobello Construction Co., Inc. $78,575.00
$86,432.50
3407 Delaware Avenue, Kenmore, NY 14217
Wilsandra Construction Co., Inc. $101,929.90
$112,122.89
300 Camden Avenue, Buffalo, NY 14216
'Adjusted Amount
I hereby certify that the lowest responsible bidder for the
above project is C & C Contractors, Inc. I respectfully
recommend that your Honorable Body authorize a contract
award in the amount of $62,40C -.25 ($56,727.00 Base Bid +
10% unit price increase $51,672.75 = Total Award $62,400.2
5 ). Funds for this work are in Capital Project Account 9
30335906,# 34310706 ,930002906, #30124506,and
435310806. Handicap ramps will be distributed equally
throughout the districts. List of locations will be provided
upon request. The engineer's estimate for this work is
$100,000.00.
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 April 4, 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 March 11, 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 the Construction of Handicap Ramps
Phase IX 2002, Group #593, to C & C Contractors, Inc., the
lowest responsible bidder, in the amount of $62,400.25
($56,727.00 Base Bid + 10% unit price increase $5,672.75 =
Total Award $6.2,400.25). Funds for the project are available
in Capital Project Account #30335906, #34310706,
#30002906, #30124506 and #35310806.
Passed.
AYES - 13 - NOES — 0
No. 29
Report of Bids
Pools - Reconstruction 2002
Various Locations
I advertised for on 02/19/02 and received the following
sealed formal proposals for Pools - Reconstruction 2002,
Various Locations, which were publicly opened and read on
March 12, 2002.
General Construction Base Bid Alt #1
Alt #2
Progressive Weatherproofing $115,500 $2,000
$6,000
33 Ransier Dr., West Seneca, NY
Patterson - Stevens Aquatech $135,400 $2,000
$5,300
400 SawyerAve., Tonawanda, NY
Nichter Associates, Inc. $148,000 $2,200
$5,900
3435 Harlem Rd., Cheektowaga, NY
The C. H. Byron Co., Inc. $192,000 $4,200
$4,800
100 James Ave., Tonawanda, NY
Alternate #1 is for Centennial Pool - Fill old pit with Plowable
fill. Alternate #2 is for Lovejoy Pool - Install new bank of
lockers.
Mechanical Work
Numarco, Inc. $36,800 $7,000
1021 Maple Rd., Elma, NY
D. V. Brown & Associates $96,200 $4,800
567 Vickers, Tonawanda, NY
Alternate #1 is for Allison Pool - Pool filter; dispose of old
sand, supply new.
I hereby certify that the foregoing is a true and correct
statement of all bids received and that the following are the
lowest responsible bidders in accordance with the plans and
specifications:
General Construction: Progressive Weatherproofing, with a
Base Bid of $115,500, add Alternate #1 for $2,000, add
Alternate #2 for $6,000, for a total of One Hundred Twenty
Three Thousand Five Hundred and 00/100 Dollars
($123,500.00).
Mechanical Work: Numarco, Inc., with a Base Bid of
$36,800, add Alternate #1 for $7,000, for a total of Forty
Three Thousand Eight Hundred and 00/100 Dollars
($43,800.00).
1 recommend that Your Honorable Body authorize the
Commissioner of Public Works, Parks & Streets to order the
work on the basis of the low bids. Funds for this project will
be available in CPF 30012406 445100 - Buildings.
Mrs. LoTempio Moved:
That the above communication from the Commissioner of
Public Works, Parks and Streets dated March 14, 2002, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets,
be, and he hereby is authorized to award contracts for Pools
- Reconstruction 2002, Various Locations, for General
Construction to Progressive Weatherproofing with a Base
Bid of $115,500, add Alternate #1 for $2,000, add Alternate
#2 for $6,000, for a total of $123,500.00. For Mechanical
Work to Numarco, Inc., with a Base Bid of $36,800, add
Alternate #1 for $7,000, for a total of $43,800, the lowest
responsible bidders. Funds for the project are available in
CPF 3 0012406 445 100 - Buildings.
Passed.
AYES -13- NOES -0
No. 30
Change in Contract
Kleinhans Music Hall
Phase 10 and 1 OA
Paving Restoration
I hereby submit to Your Honorable Body the following
changes for Kleinhans Music Hall, Phase 10 and 10A,
Paving Restoration, Thomann Asphalt Paving Corp., C
#92010436.
1. Additional paving cost to account for poor
Subsurface conditions. Add $
3,035.00
The foregoing change results in a net increase in the
contract of Three Thousand Thirty Five -and 00/100 Dollars
($3,035.00).
Summary:
Current Contract Amount
$35,485.00
Amount of This Change Order ( #1) Add $
3,035.00
Revised Contract Amount
$38,520.00
Costs have been reviewed by the Consulting Architect
(Hamilton, Houston, Lownie) and the Department of Public
Works, Parks & Streets and were found to be fair and
equitable. Funds for this work are available in CPF
34322206 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 March 7, 2002, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets
be, and he hereby is authorized to issue change order No. 1,
to Thomann Asphalt Paving Corp., an increase in the
amount of $3,035.00, as more fully described in the above
communication, for work relating to Kleinhans Music Hall,
Phase 10 and I OA, Paving Restoration, C #92010436.
Funds for this project are available in CPF 343 22206 445
100 - Division of Buildings.
Passed
AYES -13- NOES -0
No. 31
Change in Contract
Tosh Collins Community Center
Senior and Teen Centers
General Construction
I hereby submit to Your Honorable Body the following
changes for the Tosh Collins Community Center, Senior and
Teen Centers, General Construction, New Era Construction,
C #92010293.
1. Add deleted work in locker rooms. This amount was
deducted in CO #4 and again in CO #7.
Add $ 10,999.00
The foregoing change results in a net increase in the
contract of Ten Thousand Nine Hundred Ninety Nine and
00/100 Dollars ($10,999.00).
Summary:
Current Contract Amount $1,335,025.00
Amount of This Change Order ( #9) Add $ 10,999.00
Revised Contract Amount $1,346,024.00
Costs have been reviewed by the Consulting Architect
(Barton, Hovey, Nardini & Tries) and the Department of
Public Works, Parks & Streets and were found to be fair and
equitable. Funds for this work are available in CPF
35320706 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 March 11, 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. 9,
to New Era Construction, an increase in the amount of
$10,999. 00, as more fully described in the above
communication, for work relating to Tosh Collins Community
Center, Senior and Teen Centers, General Construction, C
#92010293. Funds for this project are available in CPF 3
5320706 445 100 - Division of Buildings.
Passed
AYES -13- NOES -0
NO. 32
CHANGE IN CONTRACT
ZOOLOGICAL GARDENS
MAIN ANIMAL BUILDING
ELECTRICAL WORK
I hereby submit to Your Honorable Body the following
changes for the Zoological Gardens, Main Animal Building,
Electrical Work, Electrical Service & Systems Installations,
Inc., C #92010501.
1 . Relocate booster pump to perimeter wall.
2. Relocate "Hot Rock" controls.
3. Relocate filter system.
4. Provide electric heat at waterers.
5. Adjust camera conduit.
6. Delete pool drain control valves.
7. Revise electric room layouts.
Add $ 370.00
Add $ 4,500.00
Add $ 1,346.28
Add $ 1,280.27
Add $ 1,995.03
Deduct $ 4,785.69
Deduct $ 3,680.00
The foregoing change results in a net increase in the
contract of One Thousand Twenty Five and 89/100 Dollars
($1,025.89).
Summary: Current Contract Amount $174,470.00
Amount of This Change Order ( #3) Add $ 1,025.89
Revised Contract Amount $175,495.89
Costs have been reviewed by the Consulting Architect (Foit
Albert Associates) and the Department of Public Works,
Parks & Streets and were found to be fair and equitable.
Funds for this work are available in CPF 35320706 445100 -
Division of Buildings. The entire funding for this project,
including funds for this change order, have been provided by
Erie County.
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 March 14, 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. 3,
to Electrical Service & Systems Installations, Inc., an
increase in the amount of $1,025.89, as more fully described
in the above communication, for work relating to the
Zoological Gardens, Main Animal Building, Electrical Work,
C #9201050 1. Funds for this project are available in CPF 3
5 3 20706 44 5 100 - Division of Buildings.
PASSED
AYES-13 NOES-0
NO. 33
CHANGE IN CONTRACT
ZOOLOGICAL GARDENS
MAIN ANIMAL BUILDING
PLUMBING WORK
I hereby submit to Your Honorable Body the following
changes for the Zoological Gardens, Main Animal Building,
Electrical Work, Matthew Kandefer, Inc., C #92010530.
1 . Relocate booster pump to perimeter wall. Add $1,192.85
2. Provide additional valves and strainers at pools. Add
$1,639.47
3. Provide backflow preventor at pools. Add $1,640.10
4. Provide flexible pipe pool jets. Add $2,938.12
5. Credit for waived permit fees. Add $ 333.00
6. Modify irrigation system. Deduct $ 449.00
7. Relocate pump /filter system. Deduct $1,462.25
8. Revise piping materials. Deduct $ 147.21
The foregoing change results in a net increase in the
contract of Five Thousand Nine -teen and 08/100 Dollars
($5,019.08).
Summary: Current Contract Amount $ 165,738.00
Amount of This Change Order ( #11) Add $ 5,019.08
Revised Contract Amount $ 170,757.08
Costs have been reviewed by the Consulting Architect (Foit
Albert Associates) and the Department of Public Works,
Parks & Streets and were found to be fair and equitable.
Funds for this work are available in CPF 35320706 445100 -
Division of Buildings. The entire funding for this project,
including funds for this change order, have been provided by
Erie County.
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 March 14, 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 Matthew Kandefer, Inc., an increase in the amount of
$5,019.08, as more fully described in the above
communication, for work relating to the Zoological Gardens,
Main Animal Building, Electrical Work, C #92010530. Funds
for this project are available in CPF 35320706 445 100 -
Division of Buildings.
PASSED
AYES -13 NOES -0
NO. 34
COMPLETED OVERLAY LIST -
2001 CONSTRUCTION SEASON
ITEM 434, C.C.P. 3/5/02
"RESURFACING OF CITY PAVEMENTS - GR. #589"
Attached please find a summary of our overlay program for
the 2001 Construction Season including a list of City Streets
completed by Councilmanic District.
If you have any further questions regarding the above,
please contact Michael Zera of our Construction Section at
851-58,54.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 35
J.B. WILEY SPORTS PAVILION
BFNC EXPENSES AND BOND AGREEMENT W /COB
#19, CCP OF 2/19/02
#20, CCP OF 2/19/02
This is in response to a request from Council Staff
regarding BFNC expenses and an agreement between the
J.B. Wiley Board / City of Buffalo.
Please be advised that the BFNC expenses in the amount of
$2,042.34 were paid on 3/7/02, check #145269.
In addition the agreement which was filed by Frank Belliotti,
City Auditor, was approved by Your Honorable Body by item
#94 out of Finance Committee at the Common Council
meeting of 3/5/02.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 36
MOHAWK STREET,
PARKING WITHIN CITY RIGHT OF WAY
Mr. Carl P. Paladino, of Ellicott Development Company,
has applied for permission to encroach City right of way with
a parking area on West Mohawk Street between Main and
Pearl Streets. The parking area would be installed in
conjunction with the Belesario Project, a proposed housing
development at the Berger Building, located at 500 -518 Main
Street. The proposed parking area would occupy
approximately 9,900 square feet of right of way and
accommodate 30 vehicles.
The Department of Public Works, Parks and Streets has
reviewed this application pursuant to Chapter 413 -67
(Encroachment regulations) of the City Ordinances and
recommends that Your Honorable Body refer this item to the
Planning Board for the necessary site plan review and
approval. If approved by the Planning Board and Your
Honorable Body the Commissioner will issue a "Mere
License" for installation of said encroachment provided the
following conditions are met
1. That the applicant obtain any and all other required City of
Buffalo permits.
2. That the parking area be installed exactly as shown on
plans submitted to and approved by the Department of
Permit and Inspection Services.
3. That the applicant be responsible for maintenance of the
parking area as long as it remains within City right of way.
4. That the applicant be charged any fee established for
similar situations wherein City right of way is utilized as a
parking area.
5.That, in the event the Commissioner of Public Works,
Parks and Streets determines the encroachment must cease
as a result of factors effecting the health, safety and welfare
of the public, or the needs of the City, said commissioner
may order the immediate removal of the encroachment as
described in Chapter 413 -67(F) of the City Ordinances.
6. That the applicant supply the Department of Public Works,
Parks and Streets with a certificate of insurance, in an
amount deemed sufficient by the Corporation Counsel,
which will indemnify and save harmless the City of Buffalo
against any and all loss or damage arising out of the
construction, maintenance, use or removal of said parking
area.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE CITY PLANNING BOARD
NO. 37
NYSDOT REQUEST FOR MEETING
REHABILITATION OF KENSINGTON EXPRESSWAY
ELM /OAK ARTERIAL TO ROUTE 198
#35 OF 2/20/2001
Our department has received a request (copy attached)
from the N.Y. State Department of Transportation ( NYSDOT)
to meet with your Honorable Body for a public briefing of the
subject project.
NYSDOT's objective is to increase public awareness of the
project due to the fact that their proposed construction plans
call for nighttime and weekend construction with detours on
City streets.
It is requested that a meeting be scheduled as per
NYSDOT's request to discuss this rehabilitation project, the
ongoing safety study and effects on the City of Buffalo.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 38
CERTIFICATE OF APPOINTMENT
Appointment Effective: March 11, 200) in the Department
of Public Works, Parks & Streets, Division of Streets to the
Position of Dispatcher, Permanent Appointment at the
intermediate
Starting Salary of: $30,923
William Travis, 287 Choate Ave., Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF POLICE
NO. 39
B.GRANT- CONCEMS- KEN - BAILEY COMM. CTR
#71 CCP MARCH 5, 2002
In response to "B.Grant- Concerns - Ken - Bailey Comm. Ctr
( #71 CCP March 5, 2002), please be advised that the
Department's Special Services Unit is currently conducting
an investigation concerning the allegations set forth in the
correspondence received by Councilmember Grant.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE
REORGANIZATION
NO. 40
CERTIFICATE OF APPOINTMENT
Appointment Effective: March 11, 2001 in the Department
of Police
Division of Administration and Finance to the Position of
Budget Examiner, Permanent Appointment at the
Intermediate Starting Salary of $ 40,894
John W. Stanchak, 293 Abbott Road, Buffalo, New York
14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF FIRE
NO. 41
FIRE COMPANY ROTATION
RESPONSE TIME SURVEY MANPOWER REPORTS FOR
FEB 2002 ETC
Per your request, attached are the response times
survey's which show the effects of the temporary closings,
manpower reports for February 2002 and an updated list of
fire house closings.
Respectfully submitted,
REFERRED TO THE COMMITTEE ON BUDGET
NO. 42
J FIRE COMPANY ROTATION 2/02
Attached are response times survey's for the remainder of
February 2002.
Respectfily submitted,
REFERRED TO THE COMMITTEE ON BUDGET
NO. 43
FIRE HYDRANTS
#163 C.C.P. MAR. 5, 2002
Be advised that during the December 2001 snow storm
approximately 230 fire hydrants were damaged. As of March
11, 2002, over 90% have been replaced or repaired. All
hydrants should be in service shortly.
Further information on this matter can be answered by
contacting the Engineer at the Buffalo Water Authority at
851 -4715 or 851 -4747.
Respectfully submitted,
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 44
UNIFORMED FIRE PERSONNEL - RESIDENCY
Following is the information requested regarding uniformed
personnel residency:
Chart available for review in City Clerk's Office
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 45
CERTIFICATE OF APPOINTMENT
Appointment effective March 18, 2002 In the Department
of Fire
To the position of Fire Captain Permanent Promotion at the
flat
Starting salary of $59,432
Elizabeth Kraebel, 176 Tuscarora, Buffalo , NY 14220
Paul Craver, 494 Linden, E. Aurora, NY 14052
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 46
CERTIFICATE OF APPOINTMENT
Appointment effective March 18, 2002 in the Department
of Fire to the position of Fire Captain, permanent contingent
promotion at the flat Starting salary of $59,432
Ross Wickenheiser, 630 Paradise, Amherst, NY 14051
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 47
CERTIFICATE OF APPOINTMENT
Appointment effective March 18, 2002 in the Department
of Fire
To the position of Fire Lieutenant Permanent Promotion at
the flat
Starting salary of: $53,314
Ricardo Oliveri, 97 Swan Street, Lackawanna, 14218
Mark Stevenson, 1118 West Avenue 14213
Kevin Peterson, 120 Bickford, 14215
John Victor, 7720 Milestrip, Orchard Park, 14127
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 48
CERTIFICATE OF APPOINTMENT
Appointment effective: In the Department of Fire To
the position of Fire Lieutenant, permanent contingent
promotion
At the flat Starting salary of: $53,314
Shannon Street, 14 Crestwood 14216
John Keohane, 430 Two Mile, Tonawanda, 14150
Charles Amos, 341 Dewey, 14214
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 49
CERTIFICATE OF APPOINTMENT
AMENDED
Appointment effective In the department of Fire to the
position of
Fire Lieutenant, permanent contingent promotion at the flat
Starting salary of $56, 560( AMENDED FROM 2/28/02)
Chris Whitmer, 189 Stoneleigh, Tonawanda, 14223
RECEIVED AND FILED
AYES — Bonifacio, Coppola, Davis, Fontana, Franczyk,
Golombek, Grant, Gray, LoTempio, Martino, Pitts,
Thompson-12 NOES—Fisher-1
NO. 50
CERTIFICATE OF APPOINTMENT AMENDED
Appointment effective March 4, In the department of Fire to
the position of Fire Lieutenant, permanent promotion at the
flat
Starting salary of $56, 560( AMENDED FROM 2/28/02)
Franklin Humphrey, 59 Empress, Amherst, 14226
RECEIVED AND FILED
AYES — Bonifacio, Coppola, Davis, Fontana, Franczyk,
Golombek, Grant, Gray, LoTempio, Martino, Pitts,
Thompson-12 NOES—Fisher-1
NO. 51
CERTIFICATE OF APPOINTMENT
AMENDED
Appointment effective: March 4, 2002 in the Department of
Fire
To the position of Fire Lieutenant Permanent promotion at
the flat
Starting salary of: $56, 560 AMENDED FROM 2/28/02)
Scott Skinner, 3689 Briar -wood, Hamburg, 14075
RECEIVED AND FILED
AYES — Bonifacio, Coppola, Davis, Fontana, Franczyk,
Golombek, Grant, Gray, LoTempio, Martino, Pitts,
Thompson-12 NOES—Fisher-1
FROM THE CORPORATION COUNSEL
No. 52
Review of Nominee(s) for
Appointment- Citizens Advisory
Commission on Reapportionment
C.C.P., 3/5/02, No. 2A, 23 B
The Corporation Counsel conferred with the Division of
Collections and reports (as verified by that Division as of
March 13, 2002) that the following nominees to the Citizens
Advisory Commission on Reapportionment have no
outstanding debts to the City:
Jeffrey L. Mannillo
Andre Garcia
Dr. Henry Taylor
Frank Mesiah
George K. Arthur
Laura Gang
Wendy Pierce
RECEIVED AND FILED
NO. 53
Review of Nominee(s) for
Appointment- Citizens Advisory
Commission on Reapportionment
C.C.P., 3/5/02, No. 2A, 23 B
The Corporation Counsel conferred with the Division of
Collections and reports (as verified by that Division as of
March 14, 2002) that the following nominees to the Citizens
Advisory Commission on Reapportionment have no
outstanding debts to the City:
Jennifer L. Washington
Mark Longo
RECEIVED AND FILED
NO. 54
Review of Nominee for
Appointment - Appraisal Review
Board
C.C.P., 3/5/02, No. 2
The Corporation Counsel conferred with the Division of
Collections and reports (as verified by that Division as of
March 14, 2002) that the following nominee to the Appraisal
Review Board has no outstanding debts to the City:
David H. Schank
RECEIVED AND FILED
NO. 55
Validity of Citizens Advisory
Commission on Reapportionment
Appointments
A question has been raised about the validity of the Mayor's
and Council President's appointments to the Citizens
Advisory Commission on Reapportionment, Pursuant to the
Charter, the appointments are to be made before "the end of
February." The appointments were late -filed at the March 5
meeting and were not received by unanimous consent
pursuant to the Council rules of Order, thus the
appointments have not yet been received by the Council.
Though the time to appoint was missed, the effect of the
missed deadline is not fatal. Before an action is invalidated
by a procedural fault, a determination has to be made
whether the fault was a fatal error. Korniczky v. Sunderland,
670 NYS2d 726. In this instance, the only party harmed by
the late appointment is the Common Council itself, Pursuant
to the Charter, this Commission is advisory in nature. Their
only power is to make recommendations for action by the
Common Council.
It is important to note that the Commission is not required by
State or federal law, though reapportionment shall occur
every ten years. Municipal Home Rule Law Sec.
10(1)('ii)(a)(]3)69. It is the Council's responsibility to enact a
redistricting plan. A defect in the process of selecting an
advisory commission is not as significant as the duty to
reapportion the City. The significant deadlines and
responsibilities of the Commission within the Charter, those
which address a plan being presented to the Council with
sufficient time for consideration and public input, have not
been violated and can still be met. The critical dates to send
the reapportionment plan to the Board of Elections for a
referendum pursuant to the Election Law remain viable and
are not affected by the missed appointment deadline.
Legislative bodies have the power to cure defects by taking
subsequent action from the point at which the defect
occurred. Upon receiving the appointments, the Council can
act to cure the error. The timing mandates required by State
law can still be satisfied, notwithstanding the timeline
established by the Charter. Therefore, the appointments will
be valid upon appropriate action by the Council. The Mayor's
appointments will be valid upon proper filing with the
Council. The Council President's appointments will be valid
upon confirmation by the Council.
REFERRED TO THE COMMITTEE ON
REAPPORTIONMENT AND REAPPORTIONMENT
COMMISSION
NO. 56
Certificate of Appointment
Appointment Effective: March 6, 2002 in the Department of
Law
to the Position of Assistant Corporation Counsel II
permanent Appointment Intermediate at the: Starting Salary
of: $ 59, 541
Joy C. Trotter 601 Lafayette Avenue Buffalo, NY 14222
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF PERMIT & INSPECTION
SERVICES
No. 57
Follow up on Permit and Licenses Audit
(Item No. 22, C.C.P. 3/5/2002:
1 am in receipt of the above stated Common Council
Communication and wish to supply your Honorable Body
with the following information. I am in receipt of the letter
from Deputy Comptroller Frank A. Belliotti dated February 8,
2002 in reference to audit recommendations submitted by
the Department of Audit and Control. Our Department on
March 6, 2002 answered this correspondence. As
recommended by the Department of Audit and Control, the
Department of Permit and Inspection Services, Office of
Permits has instituted a daily reconciliation system that is
performed by balancing the receipt activity of the Hansen
and Munis data processing systems. As of this writing, the
reconciliation of these accounts has helped with the deposits
and revenue tracking performed by the Office of Permits.
The Audit also identified that the bingo revenues have
decreased by fifty (50) percent from previous years. Please
be advised that records kept by the Office of Licenses shows
a drop in revenues in the 2000 -2001 fiscal year from the
1997 -1998 fiscal year of approximately eighteen (18) per
cent. In the 1997 -1998 fiscal year we realized approximately
one hundred and eleven thousand dollars (S 1 11,000.00) in
receipts, During the 2000 -2001 fiscal year we realized
revenues of approximately ninety -one thousand, five
hundred dollars ($91, 500.00). As revenue accounts are
commonly used for deposits of unassociated receipts, the
Office of Licenses discovered that changes in New York
State Law governing "Bell Jar" and "Games of Chance" have
all but eliminated revenue from these categories. This loss in
revenues from these revenue sources account for the drastic
cut in overall bingo revenues. The City of Buffalo employs
Bingo Inspectors as mandated by New York State to insure
against pilferage and theft in addition to assuring the odds of
winning are fair for all players. Additionally Bingo Inspectors
conduct seminars for Bingo Organizations to assist in
maximizing profits for Bingo Operators and in turn the City of
Buffalo. This audit recommends that the Department of
Permit and Inspection Services reduce the number of Bingo
Inspectors currently budgeted for. We are in agreement that
there has been a drop in revenue but given the current
workload we can ill- afford to lose personnel assigned to this
important task. The Audit also recommends that there be a
re- assignment of these individual to other duties. It is my
understanding that job descriptions as written are under the
jurisdiction of New York State Civil Service. Also different
bargaining units represent personnel in different job titles. To
arbitrarily re- assign Bingo Inspectors would violate not only
current union agreements but also Civil Services Law. The
Office of Licenses has made recommendations as to the
disbursement of the fee collected by the City of Buffalo for
"Bingo "; "Games of Chance" and "Bell Jar" games. Currently
the Bingo Inspectors provide all of the manpower to assure a
responsible Bingo Operation. For our efforts the City of
Buffalo receives forty (40) per cent of the fee collected while
the lions share (sixty (60) percent) goes to the State of New
York. In addition for "Bell Jar" and "Games of Chance" New
York State receives five percent of the revenues generated
by the Bingo Organizations. The City of Buffalo receives
nothing from these revenue sources yet is obligated to
provide inspection services to assure a fair and even chance
to all players. As we are constantly seeking new revenue
sources, it may be to or advantage to seek a change in New
York State Legislation governing the disbursement of these
sources of revenues. If your Honorable Body wishes to
spearhead this change or if you wish us to provide this data
to the Honorable Common Council we will be glad to assist
in any way possible to increase revenues for the City of
Buffalo. It is my sincere hope that this response satisfies
your inquiry.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 58
Adams - Info - Demolition, Bills etc, 239 Reed Street
(Item No. 53. C.C.P. 2/19/2002
1 am in receipt of the above stated Common Council
Communication and wish to supply your Honorable Body
with the following information. Young's Auto and
Housewrecking demolished 239 Reed Street in the City of
Buffalo. This contract was let out in the amount of two
thousand eight hundred and seventy -three dollars ($
2,783.00. As part of the demolition cost the City of Buffalo is
charged seven hundred and twenty -five dollars ($ 725.00)
by the Buffalo Water authority for the sewer and water
supply line to be terminated. The total of the demolition
work and the sewer and water termination is three thousand
five hundred and ninety -eight dollars ($3598.00). The City
of Buffalo Charter an Ordinance in particular Section 103 -13
B. states " The Commissioner shall require an
administrative fee for demolition performed by or on behalf
of the City to benefit a property owner. The fee shall be
based upon the fair market value o the demolition the fair
market value of such demolition. The fee shall be as
provided in Chapter 175, Fees ". Chapter 17 of the Charter
and Ordinance of the City of Buffalo states that this
administration fee shall be fifteen percent (15 %) of the cost
incurred by the City of Buffalo. The total expenditure of the
demolition cost for demolition work and sewer an water
termination was three thousand five hundred and
ninety -eight dollars ($3,598.00) the surcharge amount
comes to five hundred and forty dollars ($540.00). Thus the
total due to the City of Buffalo for the demolition of 239
Reed Street totals four thousand one hundred and
thirty -eight dollars ($ 4138.00). It is my sincere hope that
this response satisfies your inquiry.
REFERRED TO THE COMMITTEE ON FINACE
NO. 59
Restaurant Dance Class III
289 Austin
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 I II License located
at 289 Austin 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 III 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 Raasch. The
attached hereto for David Raasch d /b /a Pokey Joe's Club
Bar. This request is submitted for your approval or whatever
action you deem appropriate.
Mrs. LoTempio Moved: That the above communication from
the Commissioner of Permit and Inspection
Services dated February 28, 2001, be received and filed;
and
That pursuant to Chapter 150 of the City Code, the
Commissioner of Permit & Inspection Services be, and he
hereby is authorized to grant a Restaurant Dancing Class III
License to David Raasch, d /b /a Pokey Joe's Club Bar,
located at 289 Austin with the condition that live music is
held no more than twelve (12) times per year.
Passed.
AYES -13- NOES -0
No. 60
Solicitation of Funds
Attached is an application for Solicitation of Funds for the
Ninety One Charity Golf Classic to solicit funds in the Buffalo
area from April 15, 2002 to May 15, 2002. This is an annual
event. In accordance with Chapter 316, Article VI of the City
of Buffalo Ordinances, I hereby refer this matter to your
Honorable Body.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF ADMINISTRATION AND
FINANCE
NO. 61
Review of Nomiee(s) for Appointment - Citizen's
Advisory Commission on Reapportionment (CCP #23,
03/05/02
1 have completed a review to determine whether the
nominated appointee(s) have outstanding debts to the City
of Buffalo. Below the nominees and their account status:
NAME AMOUNT
OUTSTANDING:
Jennifer L. Washington 0.00
18 Pine St 14204
Jeffrey L. Manalo, Esq. 0.00
12 Claremont Ave 14222
Andre Garcia 0.00
429 West Delavan 14213
Dr. Henry Taylor 0.00
360 Linwood Ave 14209
Frank Mesiah 0.00
78 Crescent Ave 14214
Enclosed please find worksheets with a breakdown of the
amounts outstanding. Please have the individual(s) who
have outstanding balances contact me to arrange payment
or provide me with a receipt for payment. I will notify you
once the stated obligations a satisfied.
Review of Nominee(s) for Appointment - Citizen's
Advisory Commission on Reapportionment (CCP #2A,
03/05/02)
1 have completed a review to determine whether the
nominated appointee(s) have outstanding debts to the City
of Buffalo. Below the nominees and their account status:
NAME AMOUNT
OUTSTANDING:
George K. Arthur
0.00
154 Roebling Ave 14216
Mark Longo
0.00
722 Parkside Ave 14216
Laura Gang
42 Mumford 14220
Wendy Pierce
530 Ashland Ave 14222
1 hope you find the above report of some aid and assistance.
If you have any questions or require additional information,
plea contact me at x4380.
RECEIVED AND FILED
NO. 62
Review of Nominee(s) for Re- appointment - Member,
Appraisal Review Board (C(,P #2
1 have completed a review to determine whether the
nominated appointee(s) have outstanding debts to the City
Buffalo. Below are the nominees and their account status:
NAME AMOUNT
OUTSTANDING:
David Schank 0.00
105 Wallace Ave
Buffalo, NY 14214
1 hope you find the above report of some aid and assistance.
If you have any questions or require additional information
please contact me at 851 -4380.
RECEIVED AND FILED
NO. 63
Certificate of Appointment
Appointment Effective: March 6, 2002 in the Department of
Administration and Finance Division of Parking Enforcement
to the Position of Parking Meter Mechanic Provisional
Appointment
at the: Maximum Starting Salary of: $29,604
Ted Kniazuk 316 Willett Buffalo 14206
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF HUMAN RESOURCES
NO. 64
RESIDENCY OFFICER UPDATE
As the months have progressed, there have been a
significant number of increased leads reported to our
Residency hotline. To date, nineteen (19) cases are
currently open. Charges have been filed against six (6) City
employees with more to follow. I am also assisting BMHA
with a small percentage of their caseload. Please feel free to
contact me, Frank A. Rossi, Jr., Residency Investigator, at
851 -5415, with any questions or helpful comments.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 65
Review and Response regarding:
Report of Audit
Department of Fire
Payments Pursuant to General Municipal Law 207 -a (2)
Item No #23 CCP Mar5,2002
I am in receipt of your correspondence dated March 8, 2002,
and have reviewed the above referenced Report as
requested.
I concur with Buffalo Fire Commissioner, Calvin G. Worthy's
findings, as stated in his memorandum dated February 12,
2002 to Comptroller, Anthony Nanula, a copy of which is
attached.
If you have any additional questions, please contact me,
Louis R. Giardina, at 851 -5900.
REFERRED TO THE COMMITTEE ON FINANCE
0.00
NO. 66
Certificate of Appointment
Appointment Effective: March 13, 2002 in the Department of
Human Resources Division of Civil Service Administration to
the Position of
Personnel Specialist Permanent Promotion at the:
Intermediate Starting Salary of: $42 670 Olivia Licata 418
Starin Ave. Buffalo, NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSION ON CITIZENS RIGHTS AND
COMMUNITY RELATIONS
No. 67
C.Chapman - Review Complaints - BMHA
Item #65, C.C.P. October 2, 2001
In response to your request for review of Item #65, C.C.P.
October 2, 2001, - C.Chapman - Review Complaints - BMHA,
the Commission on Citizens' Rights and Community
Relations has prepared the following response:
Complainant provided with information concerning
Commission Meeting with BMHA on February 7, 2002 and
notified of Community Forum to be held on March 2 1, 2002.
Complainant informed Commission will maintain record of
his correspondence for purposes of establishing a pattern
and practice of discrimination.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE BOARD OF EDUCATION
NO. 68
"D. Anderson- Response -Req. for
Qualifications- Prog.Pkg.,'Dev.
Svs. Provider"
Item no. #26, C.C.P. March 5, 2002
Item #26, C.C.P. March 5, 2002, "D.
Anderson - Response -Req. for Qualifications -Prog. PL.g. /Dev.
Svs. Provider"
The letter from J. P. Morgan Team has been forwarded to
Doug FrancisExecutive Director of the Joint Schools
Construction Board.
REFERRED TO THE MINORITY BUSINESS ENTERPRISE
COMMITTEE
FROM THE BUFFALO ECONOMIC RENAISSANCE
CORPORATION
NO. 69
Additional Areas for Light Industrial Office Park
Development
Item No. 171 C.C.P. 01/22/02
The City of Buffalo Office of Strategic Planning (OSP) and
the Buffalo Economic Renaissance Corp.(BERC), with
guidance from the Common Council, have been examining
industrial and commercial land -use patterns in order to
identify industrial /commercial areas that could be expanded
through land acquisition and rezoning -- creating economic
development areas with clearly defined borders.
The following sites should be considered as priority
opportunity areas: (outlined by type of use)
OFFICE / MEDICAL PARKS
• Kensington Heights (17 acres)
• Main - High Medical Campus (Buffalo Niagara Medical
Campus)
WATERFRONT MIXED -USE / HIGH -END BUSINESS
PARKS
• Union Ship Canal (70 acres)
• Outer Harbor (60 acres)
NEIGHBORHOOD MIXED -USE / BACK OFFICE PARKS
• Central Park Plaza (27 acres)
• Cobblestone / Buffalo River Business Park (90 acres)
INDUSTRIAL/ DISTRIBUTION PARKS
• Northland Industrial Park (144 acres)
• Seneca - Babcock - Clinton (31 acres)
• South Ogden Plaza (10.5 acres)
The following site, while not listed as a priority above, should
be added to the proposed industrial commercial areas
previously submitted by the Office of Strategic Planning on
February 21,2002:
59 Memorial Drive (15 acres)
The Buffalo Economic Renaissance Corporation will
continue to work with the Office of Strategic Planning to
develop industrial/ commercial land use policy
recommendations and will I further define short and
long -term strategies within the identified areas.
Attachments: 10 Maps
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 70
Waterfront Plans
Waterfront Development
Item No. 66; C.C.P. 2/19/02
CCP 95 12/23/01
Res. 197; CCP 9/18/01
CCP 18 10/2/01
The Buffalo Economic Renaissance Corporation (BERC),
and its sister organization Development Downtown, Inc.
(DDI) - are responsible for facilitating the implementation of
waterfront and waterfront - related economic development
plans and projects on behalf of the City of Buffalo. The
BERC seeks to move City- sponsored plans towards
implementation as projects in cooperation with other public
and private partners, such as the City's Department of Public
Works, the County of Erie, Empire State Development
Corporation and the Niagara Frontier Transportation
Authority. The primary waterfront - related plans /projects in
which BERC and DDI are currently involved are:
• Erie Canal Harbor, including the public works portion
of the Canal Harbor (Inner Harbor) project, the Buffalo
Intermodal Transportation Center project, the
Adelphia project, the redevelopment of Memorial
Auditorium and adjacent Canal Harbor development
sites (Donovan State Office Building, Canal Harbor
development sites, DL &W building);
• South Buffalo Redevelopment Plan, specifically
focused at this time on the redevelopment of the Union
Ship Canal area, but also including the planning and
development of the State's Southtowns' Connector
project as the key access initiative to implement the
South Buffalo Development Project.
The BERC /DDI have also initiated very preliminary
discussions with the Niagara Frontier Transportation
Authority regarding the redevelopment of their real estate
holdings on the Outer Harbor. As reported to you at the
Community Development Committee meeting of February
27, 2002, the NFTA has completed its environmental
investigations of these proper -ties, has prepared remedial
action plans to ready these sites for development and has
submitted an application for a Brownfield's Grant to the New
York State Department of Conservation for the initial phase
of remediation of their property. The BERC's primary
objective relative to these discussions is to promote and
understand the economic development potential of these
properties, on behalf of the City of Buffalo. Although we have
indicated to the NFTA what we understand to be the City's
and community's desires for use and development of this
area (e.g., public access to the water), the overall use and
planning for this area remains the responsibility of the Office
of Strategic Planning and the City of Buffalo Common
Council.
The primary responsibility for preparing and implementing
waterfront plans for the City of Buffalo rests with the Office of
Strategic Planning and, specifically, the City -wide
Comprehensive Plan, the Local Waterfront Revitalization
Plan and the Waterfront Gateways Initiative. The BERC /DDI
will continue to assist and support the Office of Strategic
Planning and the Common Council relative to the
preparation and coordination of waterfront plans for the City
of Buffalo and, more importantly, the implementation of
economic development projects suggested or generated by
these planning efforts.
To the greatest extent feasible, the BERC and DDI seek to
implement other community -based waterfront plans as part
of these economic development projects. For example,
pedestrian /bicycle paths and waterfront public access
components are integral to both the Erie Canal Harbor and
Union Ship Canal projects, serving to implement the City's
Greenways and Local Waterfront Revitalization Plans. The
BERC and DDI have and will continue to support cultural
and heritage based plans, projects and initiatives related to
the City's waterfront, such as the Industrial Heritage Trail,
the Buffalo Transportation Museum, and the Erie
Canal /Commercial Slip recreation and interpretation. The
BERC receives and uses CDBG funds from the City of
Buffalo for waterfront planning activities to assist in the
implementation of these cultural projects as well as planning
for the major economic development projects, such as
economic impact and market feasibility studies.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
FROM THE CITY CLERK
NO. 71
DISPOSITION OF RECORDS
Attached please find the following disposition of records
from the following departments:
AUDIT AND CONTROL
RECEIVED AND FILED
No. 72
Liquor License Applications
Attached hereto are communications from persons
applying for liquor licenses from the Erie County Alcohol
Beverage Control Board.
Address Business Name Owner's Name
1633 Hertel Buffalo Square Restaurant Paul
Nesper
492 Elmwood Toro Ace Rangers
67 Walden C Washington E Humphery C Washington E
Humphery
RECEIVED AND FILED
No. 73
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:
Mayor /Mayor Executive- Steven Woroniak
Police- Christina Sikorski, Mary Kusher, Thomas Whelan
Fire- Jonathan Croom
Corporation Counsel- Beatrice McAdams -Gray
RECEIVED AND FILED.
NO. 74
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
City Planning Board
RECEIVED AND FILED.
No. 75
Notices of Appointments - Seasonal /Flat
I transmit herewith certificates received by me, reporting
seasonal and flat salary appointments made in various
departments.
RECEIVED ND FILED
Certificate of Appointment
Appointment Effective: March 6, 2002 in the Department of
Assessment and Taxation to the Position of Intern V
Seasonal Appointment at the: Flat Starting Salary of:
$8.00 /hr
Sheila Torres 139 Albert Avenue Buffalo, NY 14207
Certificate of Appointment
Appointment Effective: March 5, 2002 in the Department of
Public Works, Division of Streets to the Position of Seasonal
Laborer 11
Seasonal Non - Competitive at the: Flat. Starting Salary of: $
8.15
Justin Varner, 117 E. Utica Buffalo, NY 14209
Certificate of Appointment
Appointment Effective: February 28, 2002 in the Department
of Community Services Division of Contract Administration to
the Position of Lifeguard Seasonal Non - Competitive at the:
Flat
Starting Salary of: $6.25 p/h
Carl Burdick 60 Columbus Buffalo 14220
Certificate of Appointment
Appointment Effective: M a r c h 11 , 2 00 2 in the
Department of Public Works, Parks and Streets Division of
Streets to the Position of Seasonal Laborer II Seasonal.
Non - Competitive at the: F I a t
Starting Salary of: $ 8.15
Jamal Jemes 13 South Lane Buffalo, NY 14207
Rian Milligan 88 Kentucky Buffalo, NY 14204
Sean Milligan 80 Alsace Avenue Buffalo, NY 14220
Anthony Porter 360 Grove Street Buffalo, NY 14216
Andrew Smolkovich, Jr. 422 Huntington Avenue Buffalo, NY
14214
Ronald White 79 Flower Street Buffalo, NY 14214
Catrell Beasley 522 LaSalle Avenue Buffalo, NY 14215
Abraham MCL Kinney 404 Koons Avenue Buffalo, NY 14211
Certificate of Appointment
Appointment Effective: March 4, 2002 in the Department of
Public Works, Parks and Streets Division of Streets to the
Position of Seasonal Laborer II Seasonal Non - Competitive at
the: Flat Starting Salary of: $8.15
Frederick T. Mosca 588 Dorrance Avenue Buffalo, NY 14218
Horace Miller 61 Gatchell Buffalo, NY 14211
Ralph Patterson, Sr. 2512 Bailey Avenue Buffalo, MY 14215
Samuel Campbell 110 West Avenue Buffalo, NY 14201
Gary Dixon 394 Olympic Buffalo, NY 14215
Arbey Hill 139 Proctor Buffalo, NY 14215
No. 76
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.
Certificate of Appointment
Appointment Effective: March 11, 2002 in the Department of
Community Services Division of Contract Administration
to the Position of Attendant Temporary Non Competitive at
the: Flat
Starting Salary of: $ 6.00 p/h
Jodi Miller 167 Whitney Buffalo 14201
Desiree Ortiz 167 Whitney Buffalo 14201
Certificate of Appointment
Appointment Effective: March 7, 2002 in the Department of
Community Services Division of Contract Administration to
the Position of Attendant Temporary Non - Competitive at the:
Flat
Starting Salary of: $ 6.00 p/h
Stephen Hicks 27 Durham Buffalo 14215
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Certificate of Appointment
Appointment Effective: March 6 2002 in the Department of
Community Services Division of Contract Administration to
the Position of Attendant Temporary Non - Competitive at the
Flat Starting Salary of:
$ 6.00 p/h
Douglas Beard 435 West Ferry Buffalo 14213
Charles Everhart 82 Domedion Buffalo 14211
Heriberto Ortiz 55 Maryner Homes Buffalo 14201
Certificate of Appointment
Appointment Effective: February 28, 2002 in the Department
of Community Services Division of Contract Administration
to the Position of Attendant Temporary Non - Competitive at
the: Flat
Starting Salary of: $6.00 p/h
Gregory Barrow 313 LaSalle Buffalo 14215
Melissa Sibley 370 Katherine Buffalo 14204
James Turner 215 Herman Apt 1 Buffalo 14211
Deborah Williams 132 Brunswick Blvd Buffalo 14208
Angeline Cipolla 8 Hertel # 604 Buffalo 14204
Certificate of Appointment
Appointment Effective: March 12, 2002 in the Department of
Public Works, Parks & Streets Division of Water to the
Position of Clerk
Temporary Appointment at the: Minimum Starting Salary Of:
$23,949.0
Mary Jane Savage 207 West Ferry Street Buffalo, New York
14207
Certificate of Appointment
Appointment Effective: March 6, 2002 in the Department of
Public Works, Parks & Streets Division of Buildings to the
Position of Senior First Class Stationary Engineer
Temporary - 6 months Appointment
at the: Flat Starting Salary Of: $10.25
Edward F. Anken 73 Houston Street Buffalo 14220
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
NO. 77
S. ALJUWANI -INFO ON ASSOCIATION - UNITED
NEIBORHOODS
February 2002
Dear Friend and Supporter:
United Neighborhoods is back on track! Our core grants
have been refunded for another year and we recently
received word that United Neighborhoods has been awarded
another grant to conduct Study Circles on Community
Policing.
As you know our mission is to work collectively with all
stakeholders to increase neighbor participation in advocating
for safe, healthy and informed communities. Towards that
end you will frequently receive mail from us, which may
include information on disaster preparedness, the Good
Neighbor Planning Council, restorative justice, community
market gardens or a number of other community projects
that we feel would be of interest to you.
Please take the time to frequently check our web site at
www.UnitedNeighborhoods.org. We've added a few
community videos, PowerPoint presentations, a Good
Neighbor Planning Council page and much more. Your input
is always welcomed, feel free to send us information on
what's going on 'in your part of town and we'll post it to the
web site.
For those of you connected to the web, we would like you to
join our e-mail tree. Call us with your email address and we
will be glad to e-mail you community information as it comes
to us.
As always there is much to be done, we are beginning to
coordinate our next Annual Block Club Conference, Day of
Caring, National Night Out, The Great American Clean Up,
the study circles mentioned above, Child Health Plus
recruitment and of course our leadership training; and
volunteers like you are always needed!
Feel free to call or stop by, We're open from 9:00 a.m. to
8:00 p.m. Monday thru Friday and 10:00 a.m. -Noon
Saturday.
RECEIVED AND FILED
NO. 78
B. CACCIOTTI- PROPOSED BUDGET FOR HOUSING
DELIVERY
It is my understanding that the Executive Director of the
Office of Strategic Planning, Joseph E. Ryan presented the
Mayor's proposal to the committee on Friday, February 22,
2002 concerning the CDBG housing delivery based upon
three sectors.
In summarizing the proposal, I would like to point out several
items for clarification. First the proposal identifies funding for
the administration of services pertaining to a potential
contract between B.U.R -A. and CBOs, that identifies CDBG
and State moneys for those services. However, state funding
is irrelevant to any Year 28 contract and therefore to any
sector proposal, primarily because the City of Buffalo. has no
control over its use, and secondly state administrative
funding is directly tied to community development
corporations that are designated as Neighborhood
Preservation Corporations (NPCs). The scope of NPC
funding pays for expenses directly tied to NPC activities.
Therefore, the budget scenario of $1,715,000 is misleading.
With respect to CDBG and Year 28 Housing delivery, the
budget is actually $870,000 divided amongst three sectors,
employing 6 people per sector.
Second, the budget detail also mentions $20,000 for
operating expenses, but it is an unrealistic estimate. For
example, utilities, mileage, materials and supplies,
purchases of services (including City mandated general
liability, owners and contractors protective, disability,
employee dishonesty, lead liability, long term rental of
equipment, snow plowing, garbage removal, etc.) easily
exceed $20,000 per year. Lead insurance to conduct risk
assessments and clearance procedures as mandated by
Title X requirements for the use of federal funds in home
improvement is around $10,000 per agency.
Sector 3 (which currently contains the operating agencies of
Kensington Bailey N.H.S.,
Lovejoy District N.R.S., Broadway Fillmore N.H.S., and
N.H.S. of South Buffalo), historically received a 12 -month
CDBG administrative allocation as follows:
KBNHS $84,000.00
LDNRS $109,800.00
BFNHS $130,000.00
NHSSB $85,000.00
Finally, the above agency allocation totals, $408,800.00,
roughly employing 12 people, and provides for other
operating expenses pertaining to CDBG activities. The
purchasing power of the above allocation is about 1 /2of what
it was in 1988. The Mayor's proposal would cut $118,800.00
from the above allocation and propose to employ 6
personnel servicing 1/3 of the City. The cut is approximately,
$29,700 per agency and therefore a revised per agency
allocation could look something this:
KBNHS $54,300
LDINRS $80,100
BFNIHS $100,300
NHSSB $55,300
CBODs have contracted with B.U.R -A. accepting this
downward trend in administrative funding steadily since
1990. Further, the last recorded instance of an increase in
administrative funding to CBOs was in 1988. Therefore,
CBOs have steadily and Continuously contracted to provide
the same or in many instances additional community
development services with B.U.R -A. with less money due to
inflation. In the case of the Mayor's proposal, $290,000 is
actually worth about $143,897.00, and the funding
realistically would pay for one agency in Sector Three,
employing four start. The above example applies to any of
the Sectors, and therefore to all of us who subcontract with
B.U.R -A.
The annual allocation for housing delivery has typically been
$1.2 million. A reduction to $870,000 would leave many of
the City's neighborhoods without vital services. An
implementation of the Mayor's proposal is problematic, and
though the City of Buffalo is straddled with serious financial
burdens, slashing CDBG funding designed specifically to
benefit Buffalo neighborhoods, leaves one to ask where the
cut of funds would be spent?
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 79
J. CAMPOLONG-
"INOPERABLE FIRE HYDRANTS" ( #163 C.C.0 MAR
5,2002)
This memo acknowledges receipt of the above referenced
request for information. I have asked our distribution
department to prepare a count of the hydrants in this district
that arc: currently out of service and will forward this
information to Commissioner Giambra for processing.
Your original request was sent to our Customer Service
Manager at 281 Exchange St. I would suggest that future
requests be sent to Commissioners Giambra's office or to
my attention at 2 Porter Avenue, Buffalo NY 14201 to avoid
delay in responding to your request.
Thanks,
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 80
D. COLLINS- ESTABLISHMENT OF PRIVATE ENTITY
CONCERNS ECMC
Dear Mr. Pitts:
The A. Philip Randolph Institute is deeply concerned about
the recent plans to establish a private entity to operate the
Erie County Medical Center (ECMC). We believe that such a
plan, if implemented without ample public examination and
participation of those for whom the facility serves, could spell
disaster for the poor and indigent of the County, generally,
and those of the City of Buffalo, particularly.
We have recently reviewed the 1946 Land Transfer
agreement of the former E. J. Meyer Memorial hospital to the
County. This agreement is based on two (2) primary
premises:
1. Provides that title to the premises shall remain in the
County of Erie only so long as it maintains a "general
municipal hospital" whose services and facilities will be
available to the citizens of the city of Buffalo in the same
manner that it will serve the County of Erie generally, and
upon failure to operate and maintain such hospital, title to
the premises shall immediately revert to the City of Buffalo.
2. That the deed conveying these premises is to contain a
condition and be subject to the right of the Board of
Education to conduct thereon a School for Crippled Children
(P. S. 84)
We are, also, concerned that the proposed make -up of the
operating board does not reflect the general population to be
served.
We believe the this issue warrants your attention as it could
adversely affect the citizens of the City of Buffalo.
We call on your office to initiate a series of public hearings to
examine all aspects of this issue to assure that the interest
of our community is protected. We would be happy to join
with you and give testimony as any such hearing on this
matter.
Please do not hesitate to contact us, should you need
additional information.
REFERRED TO THE BUFFALO HEALTH TASK FORCE
NO. 81
ERIE COUNTY LEGISLATURE
LEGISLATIVE RESOLUTION CONCERNING KMART
At the urging of Council Member David Franczyk, attached
hereto please find a copy of a legislative resolution filed in
the Erie County Legislature concerning the
above - referenced matter.
Council Member Franczyk asked that I file the same in your
office for council members' review and comment. If you
should require additional information, please contact the
Legislature's Democratic Caucus Chief of Staff Chuck Eaton
at 858 -8815.
Thank you for your attention to this matter.
SUPPORT FOR THE BROADWAY K -MART
WHEREAS, K -Mart, which has recently filed for bankruptcy
protection as part of its turnaround effort, is planning to close
291 of its 2,179 discount retail stores, and
WHEREAS, the K -Mart located at 998 Broadway is being
discussed as one of the stores in this region slated for
closing, and
WHEREAS, the B roadway -Fill more area has struggled
economically and the K -Mart discount store fills a
desperately important niche in the community, and
WHEREAS, this K -Mart is the only such store for miles
catering to many residents who rely on public transportation,
and
WHEREAS, the needs that this store have met since its
opening 11 years ago, made possible through the efforts of
economic development officials who provided numerous
incentives, will go unfulfilled upon its closing, and
WHEREAS, City, and State officials, along with
representatives from the Erie County Industrial Development
Agency and the Empire State Development Corp. have
expressed a sincere interest in working together with this
Honorable Body to ensure that this K -Mart remains open,
and
WHEREAS, we have at our disposal a wide array of
economic development tools that can keep this store, a
much needed community resource open for business,
NOW, THEREFORE, BE IT
RESOLVED, that the Erie County Legislature, recognizing
that the K -Mart store located at 998 Broadway Avenue
serves a vital community interest, is committed to taking the
steps necessary to ensure it remains open and available to
local residents, and be it further
RESOLVED, that this Honorable Body will fully explore the
options that can be pursued in conjunction with the agencies
listed above to meet this goal, and be it further
RESOLVED, that certified copies be sent to the County
Executive, Erie County Development Agency, the Empire
State Development Corporation, the KMart (998 Broadway,
Buffalo, NY 14212), and the Buffalo Common Council.
DAVID DALE
Fiscal impact: To be determined
RECEIVED AND FILED
NO. 82
C. FISHER
NFTA LIST OF BUS STOPS /BUS SHELTERS
Dear Mr. Michaux:
I am requesting that the following information be filed with
your office and included on the agenda for the next Common
Council Meeting.
Per a request from the Special Committee on Streets &
Public Services, NFTA has provided the attached list of all
NFTA Bus Stops located in the City of Buffalo or along its
perimeter, (pages 1 -66), as well as a list of all NFTA Bus
Shelters, (pages 1 -6).
Thank you for your assistance.
REFERRED TO THE COMMITTEE ON STREETS
SERVICES
NO. 83
JOINT SCHOOLS
CONSTRUCTION BOARD
MEMO
C. FISHER
JSCB CAPITAL PROGRAM - PHASE 1 A/E FIRMS
M/WBE CONTRACTING REPORT
As requested, attached please find the first publication of
the Phase I A/E Firms IVINVBE Contracting Report. Two of
the A/E firm's have yet to get back to us with their contract
data, but I believe the list is complete enough to use for
discussion purposes in the meantime.
To summarize, of the eleven (11) A/E firms who have
delivered contract data to date, and allowing mathematic
consideration to the two (2) "prime" A/E firms who are also
minority -owned companies, an average of 43.4 % of the
architecture and /or engineering work for Phase 1
Reconstruction is contracted to MBE's.
If you have any questions or comments, please do not
hesitate to contact me.
REFERRED TO THE MINORITY BUSINESS ENTERPRISE
COMMITTEE
NO. 84
,( "A, THOMPSON -LEGAL . ADS -BD. OF
ED.7PARTICIPATION RATES ")
ITEM #70, - C.C.P. FEBRUARY 19, 2002
The bid advertisement cited in your request for comments
and /or recommendations is issued by the Buffalo Public
Schools, and modifications of this notice would be discussed
with the Board of Education.
For any projects bid under the JSCB's Capital Program,
however, a detailed public notice similar to the special
advertisement for the bidding of Dr. Lydia Wright School
(attached) will be issued to multiple sites within Buffalo's
minority business community.
If you have any questions, comments or suggestions for
distribution destination(s), please contact my office.
THE CITY OF BUFFALO JOINT SCHOOLS
CONSTRUCTION BOARD ANNOUNCES THE LATEST
CAPITAL PROJECT,
RENOVATION AND ADDITIONS DR. LYDIA T. WRIGHT
SCHOOL OF EXCELLENCE
106 Appenheimer Street
Buffalo, New York 142,14
Dr. Lydia T, Wright School of Excellence (School 89) is a
PK -8 elementary school located at 106 Appenheimer Street
in Buffalo. The proposed project will include a classroom
addition of approximately 26 classrooms, an addition to the
library, the administration area, and cafeteria, and various
renovations to the existing building to include lighting,
computer wiring and power.
This Capital project will be structured to encourage
maximum benefit to the Buffalo Public Schools, to the City
and all its residents. This comprehensive school
development Initiative will also be integrated with City,
County, State and Federal neighborhood, economic, and
workforce development initiatives. Goals of the project shall
include'
Assist the Buffalo Public Schools, local labor, government
and not - for - profit agencies to develop and train a new
diverse workforce.
Encourage, assist and sustain business development of
under - represented populations (i.e., people of color and
women) and maximize the use of Buffalo and Western New
York based labor and local professional and construction -
related business enterprises through a progressive and
comprehensive Workforce and Business Diversificabon
Plan.
The Proposer's Workforce and Business Diversification Plan
shall address workforce diversity, career path development,
new MM/BE business development and existing MANBE
participation and growth. The Proposers Workforce and
Business Diversification Plan should foster and encourage
the mentoring and partnership of local firms, and association
of location firms with non -local firms, whether minority or
majority owned. The Proposers shall be responsible for
proposing and implementing such a Workforce and Business
Diversification Plan and linking it directly with the work of the
subject contract or purchase order.
The following goals have been established for all
contractors, suppliers and service providers doing business
on the Capital Program -
MBE 25% of each contract or purchase order.
WBE 5% of each contract or purchase order.
Minority Workforce 23% for each trade including trainees
and supervisory staff,
Female Workforce7% for each trade including trainees and
supervisory staff.
THERE WILL BE A PRE -BID MEETING AT THE DR. LYDIA
T. WRIGHT SCHOOL'S AUDITORIUM ON March 7, 2002 at
3:00 p.m. to discuss the project and the Workforce and
Business Diversification Plan.
ANY QUESTIONS REGARDING THIS PROJECT AND THE
PLAN, please contact:
Thaddeus J. Fyda, R.A.
Associate Architect
Buffalo Board of Education
Plant Services Office
(716) 851 -3725
SEALED PROPOSALS for the above project will be received
at The office of the Board of Education, 403 City Hall,
Buffalo, New York 14202, on or before 2:00 pm local time
on the Twenty -Sixth Day of March, 2002, at which time these
proposals will be publicly opened and read aloud:
BID PACKAGE NO. 1 - GENERAL TRADES
CONSTRUCTION
BID PACKAGE NO. 2 - MECHANICAL CONSTRUCTION
BID PACKAGE NO. 3 - PLUMBING CONSTRUCTION
BID PACKAGE NO. 4 - ELECTRICAL CONSTRUCTION
BID PACKAGE NO. 5 - FOOD SERVICE EQUIPMENT
REFERRED TO THE MINORITY BUSINESS ENTERPRISE
COMMITTEE
NO. 85
D. FRANCIS-, "D. ANDERSON- - RESPONSE REQUEST
FOR QUALIFICATIONS -PROG. PKG. /DEV. SVS.
PROVIDER
ITEM #26, C.C.P. MARCH 5, 2002
The JSCB's current expectations are that the PPDS
Provider
(Ciminelli Team) will be retaining the construction managers
for the Capital Program.
Accordingly, by copy of this response, I am requesting that
the Ciminelli Team consider Don Todd Associates, Inc. for
involvement in the
Program in that capacity.
Dear Mr. Mayor and Members of the Joint Schools
Construction Board:
On behalf of the entire J. P. Morgan Team I would like to
thank you for having afforded us the opportunity to respond
to the Request for Qualifications f r Program p Services
Provider. We wish the Joint Schools Construction Board and
the Board. every success as you move forward with this
program so vital to both the education of the children, and
the revitalization of opportunities and the economy of the
City of Buffalo
I would also like to take this opportunity to offer the services
of Don Todd Associates, Inc. as a construction manager
for the work. As you a e aware, we are a minority business
an active office in the City of Buffalo for the past two years,
we have developed mentoring relationships with MBE and
WBE firms that with us are eager to pa schools construction
program. Consequently, we may be of significant assistance,
achieving MBE and WBE participation goals for the work.
If we can assist in any meaningful way, please do not
hesitate to contact me peronally at 415/202 -7620 ext. 216, or
the General Manager of our Buffalo office, Winton"
716/834 -7511.
Again, it was a pleasure to have had the opportunity to
present our qualifications
Sincerely,
Daniel C. Anderson, Jr. President, Don Todd Associates,
Inc.
REFERRED TO THE MINORITY BUSINESS ENTERPRISE
COMMITTEE
NO. 86
J. GOLOMBEK- ADDITIONAL INFO COUNCIL SIZES
Dear Mr. Michaux:
The attached is additional information to the previously filed
research of various cities and the size of their councils.( #69
CCP March 5, 2002) 1 am requesting that this information be
filed with your office and included on the agenda for the next
Common Council Meeting.
Per my request, the Staff Office has been researching
various cities and the size of their councils. They have found
that although the make -up of each city varies, the basic
responsibilities of the councilmembers are legislative and
budget. In addition, most of the councilmembers elect to field
constituent concerns.
Thank You for your assistance.
REFERRED TO THE SPECIAL COMMITTEE ON
REAPPORTIONMENT
NO. 87
B. MCGEE- INCIDENTS AT ALDI'S STORE MAIN ST
Please file enclosed correspondence for Tuesday, March
19, 2002 Common Council Meeting.
Thank, you for your attention to this matter.
Sincerely,
Betty Jean Grant
University District Council Member
Dear Councilmember Grant:
Attached are two incident reports from our store on Main
Street. I am forwarding these to your attention, as I am great
concerned at the complete lack of support for our store from
the police department. As I have proudly stated in the past,
our prices at our Buffalo store are exactly the same as our
prices in the suburb stores and we work hard (i.e. catching
shoplifters) to keep it that way.
I am asking for your help in getting us support as incidents
like these greatly influence decision to locate more Aldi
stores in Buffalo, New York.
Respectfully,
Brian A. McGee
Director of Real Estate
Alidi Inc. - Pennsylvania
Attachments
REFERRED TO THE COMMITTEE ON POLICE
REORGANIZATION AND THE COMMISSIONER OF
POLICE
NO. 88
J. DAILEY -REQ OPP ADDRESS COUNCIL PRAXAIR INC
Dear Mr. Michaux:
Please file the attached letter with the appropriate
committee and ask Mr. John Dailey to come In to share his
views with the Councilmembers.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 89
J. HUDECKI- REDISTRICTING OF UNIVERSITY HEIGHTS
HOUSING BOUNDARIES
Buffalo, New York 14202
Dear Council Members:
White we have not received any written notification, we are
told that the proposed consolidation of Housing agencies will
end the University Heights service area for Housing services
at Main Street, essentially using Main Street to divide
Census tracts 45 and 46.01 from the rest of the University
Heights community.
As Board members of the University Heights Community
Development Association, Inc. and residents of the
University Councilmanic district, we support the collaboration
of agencies, but oppose this redistricting of our
neighborhood and the division of our community.
University Heights CDA has worked to unite, neighborhood
residents, providing housing and human services to our
target area and beyond, for 27 years. We have provided
programs, leadership and direction to build a racially and
economically cohesive community. The proposed
redistricting slices the University Heights community along
racial and economic tines: it cuts Census tract 45 and 46.01
away from the rest of the community, cuts our business
district in half and can only serve to further divide our
community.
For this reason, we are requesting an opportunity to have
our concerns heard by the Common Council and it's related
committees. Please contact Housing Committee Chair Hank
Nowak at 852 -5533 or Executive Director Sue Lumadue at
1332 -1010 to inform us of the date and time of the
committee meeting.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 90
M MARTINO SUMMARY RPT MTG PEER REVIEW NYS
DEPT OF HEALTH'S ABBY ST
Dear Mr. Michaux-
Please file the enclosed Summary Report of the Meeting to
Peer Review the New York State Department of Health's
Health Consultation for the Abby Street Residential
Neighborhood for the Council meeting of March 19, 2002.
If you have any additional questions. comments or concerns
please do not hesitate to contact me.
Sincerely
Mary M. Martino, Counclirnember
South District
COPY AVAILABLE FOR REVIEW IN THE CITY CLERK'S
OFFICE
REFERRED TO THE COMMITTEE OF THE WHOLE
NO. 91
W. MCGUIRE -INFO PRIVATEIZATION OF TRASH
COLLECTION
Please file the attached item with the Common Council for
the next Common Council meeting for their review.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 92
PEACE BRIDGE EXPANSION PROJECT - MEETING
NOTES -US AGENCY SCOPING MEETING
The meeting was attended by a total of 29 representatives
from 13 agencies. A copy of the sign -in sheet is attached.
Parsons distributed copies of the agenda to the attendees
and conducted a presentation that generally followed the
agenda. A copy of the Agenda and presentation slides are
attached.
Upon completion of the presentation and a short lunch
break, a question and answer period followed. All attending
agencies agreed with their respective roles and
responsibilities listed in the presentation. Parsons noted that
this would be the last time we will hold separate
US /Canadian Agency meetings. All future agency meetings
will be jointly held.
A summary of the issues raised is as follows:
FHWA
The project will need to address the City, County and State's
Long Range Plan and TIP Amendment. The Metropolitan
Planning Process is not mentioned in the Draft Scoping
Document. Additional FHWA involvement will be forthcoming
when a federal aid transportation project is initiated.
NYSDOT
The INYSDOT concurs with their assigned roles and
responsibilities as stated in the Draft Scoping Document.
The NYSDOT is concerned that a plan for right -of -way
acquisition be identified early in the process.
UNITED STATES COAST GUARD
The US Coast Guard concurs with their assigned roles and
responsibilities as stated in the Draft Scoping Document.
CITY OF BUFFALO
Representatives from City Planning noted that there are
many City Departments that will be involved in this project.
Complying with the City Environmental Review Ordinance
(CERO) should not require satisfying any additional
regulations or processes if the project is to follow the
SEQRA and NEPA process. However, CERO does define
additional projects as Type I actions.
PARSONS noted that all the requirements of SEQRA will be
followed under the NEPA process, however, NYSDEC and
NYSDOT suggest that a State Lead agency for SEQRA will
not be necessary. The PBA has submitted a SEQRA
Environmental Assessment Form, and has asked NYSDEC
to make a formal determination with respect to the need for a
SEQRA lead agency.
The City of Buffalo suggested a meeting with the PBA and
Consultant Team be scheduled to review the roles and
responsibilities of the various city departments and what
requirements will be needed to satisfy CERO. The City of
Buffalo also noted that there are mechanisms available to
help secure right -of -way through BURA and through the
County's ECIDA.
The City of Buffalo noted that historic preservation issues
would go beyond the study of impacts on Front Park and the
Episcopal Church. Many of the homes within the project area
may be considered eligible for the national register of historic
places (RE). PARSONS noted that as part of the project an
inventory of all the buildings within the study area would be
conducted to determine which structures are RE. The City of
Buffalo suggested the Consultant Team review existing data
on those structures that has been previously collected by the
City.
The City of Buffalo noted that the Draft Scoping Document
suggests there is an Environmental Justice impact
associated with this project. They recommend wording be
such that it does not imply there is an impact before an
analysis is completed.
COUNTY OF ERIE
Erie County will assist the PBA with regard to property
acquisition if the project requires additional land. The County
stressed the project should be progressed as soon as
possible. We have a "need for speed" on this project. This
project would b a good candidate for a Design Built format,
which would speed things along. The County also noted we
need a project the entire community can stand behind.
UNITED STATES CORPS OF ENGINEERS ( USCOE)
The USCOE noted that if off -site locations (alternatives
corridors) were to be included in the study, they too would
need to be analyzed for increases in lake levels and river
flow impacts. There are to be no changes to the existing lake
levels or river flows regardless of the alternative locations,
bird collision studies will be important with respect to bridge
types.
UNITED STATES DEPARTMENT OF STATE
Not present
NEWYORK STATE DEPARTMENT OF ENVIRONMENTAL
CONVERSATION (NYEPM
A Water Quality Permit may not be required for this project.
The NYSDEC quoted several passages from their letter to
the PBA dated 25 October 2001. Some of the major issues
they are concerned about include:
• Leak Containment
• Bird Collisions
• Zero change in water levels for Lake Erie and Niagara
River
• Fish Habitat
• Upstream Migration for small feed fish
• Impacts to Human Health (Air Quality)
It was noted that there is a heavy recreational use of the Bird
Island Pier and that access should be maintained during
construction activities. In light of September 11, proposed
improvements should also consider anti - terrorist design
features and any impacts resulting form these additional
features.
The NYSIDEC requested from the City of Buffalo a letter
stating their concurrence that the requirements of
CERO /SEQRA will be satisfied by the project meeting all the
NEPA requirements and that the City of Buffalo will not be
the Lead Agency for SEQRA. It is preferred that this letter be
signed by the Common Council.
The issue of property acquisition procedures (eminent
domain) and air rights need to be resolved before the
Collaborative Workshops begin to correctly evaluate
alternatives.
NEW YORK STATE THRUWAY AUTHORITY (NYSTA)
The design of the connecting roads for the proposed plaza
improvements needs to be resolved up -front instead of
waiting toward the end of the project and be forced into a
less than desirable option. Also, the loss of revenue due to
closing the thruway for bridge construction will need to be
considered in the project costs. Additional comments will be
included in a future letter to the PBA.
US GENERAL SERVICES ADMINISTRATION (GSA)
Any planned changes regarding Customs and Immigration
Operations will be very important to this project. Changes in
their operations will directly affect the size requirements of
the plaza and as a result it will affect everything else. The
way in which Customs and Immigrations will operate in the
future needs to be resolved as soon as possible.
US ATTORNEYS OFFICE
The US Attorney's Office recommends the study of other
corridors be included in this project.
REFERRED TO THE SPECIAL COMMITTEE ON
BINATIONAL BRIDGES
NO. 93
G. REGER -OPP W. HURON ST PKG STRUCTURE
Dear Common Council Members:
am writing to voice my opposition to the current efforts to
take the Church of Scientology at West Huron St. for a
parking structure. The building is actually bringing people to
the City of Buffalo, unlike the many surface parking lots and
vacant buildings located in the City, As a developer who
develops numerous properties in vibrant cities like Boston,
MA, I must point out to the Council that a City full of parking
without buildings full of people is not in anyone's best
interest. To help stimulate the City, leave the buildings with
people in place and construct parking either over surface lots
or in place of vacant buildings.
Being familiar with Cities that have been successes both
from a development standpoint and considered to be
desirable places to go (such as Boston, MA, Providence, RI,
and Hartford, CT) they would never consider taking a
building that was an actively used building and replace it with
parking.
Please think about that.
RECEIVED AND FILED
NO. 94
SEYBERT AUTO TOWING
REQUEST PAYMENT FOR TOWING SERVICES
PROVIDED TO THE CITY DURING STORM
December 25th, 11:OOAM, a phone call from AAA ERS
manager Brain Dadswell soliciting aid for the City of Buffalo.
A lake effect storm has paralyzed City. We were assured
plenty of towing work and a timely payment within 30 days,
12:OOPM; My son -in -law and I are heading North fm a 70
mile drive to Buffalo, leaving family and friends at home on
Christmas day.
With a small operation like ours, two men, two trucks, no one
is Left to attend to normal business at home in Olean
As we arrive in Buffalo the scene is incomprehensible. White
outs, blowing drifting snow, and more on the way.
To put it mildly, the conditions were extreme, Working twelve
to fourteen hour non -stop shifts, clawing and digging away at
lumps of snow to eventually unveil abandoned vehicles, we
managed to tow 133 in a matter of a few days for the city.
Staying in motel rooms and sleeping four to six hours at a
time, we spew eight days total working for AAA and the city,
most of it on a our backs in the street.
Brian Dadswell and AAA are to be commended for their aid
and assistance in bailing the city out in its time of need. We
received our payment in full from AAA for their portion of our
bill within 30 days as promised,
The City of Buffalo, however, should be embarrassed as
they have not kept their word, City and to this daft, 02/26/02
we, nor any of our co- workers, have received a dime. Not
only did we forgo revenues from our normal businesses at
home to help the city, but incurred additional expenses to
stay In Buffalo for a week, I feel the Council should ensure
our immediate remuneration plus interest for the time we've
been made to wait for what is undeniably due us.
In retrospect I've talked to other local towing firms whole
experienced similar situation in past yam. With a large
segment of independent AAA towing providers already
alienated by the city, it would mean unwise to abuse those
remaining.
Please pay us what is due,
I thank you in advance for your anticipated timely response.
REFERRED TO THE COMMITTEE ON FINANCE, THE
COMPTROLLER AND THE COMMISSIONER OF PUBLIC
WORKS
NO. 95
D. SHEMANCIK-
URS /CITY OF BUFFALO PARKING METER PILOT
PROJECT
2/25/02 First Company provides hardware - demo period
officially begins
3/25/02 Ninth Company scheduled to deliver hardware
4/19/02 Demo period concludes - URS collects all materials
& logbooks
5/17/02 URS submits final report with recommendation on
technology
6/3/02 Buffalo Common Council passes legislation
eliminating free parking at curb -side meters for valid
handicapped tagholders Grace period is in effect until 9/2/02
6/10/02 Buffalo DPW bids out hardware for recommended
technology
7/18/02 City of Buffalo selects a vendor for first 5,000 users
8/30/02 System is ready for implementation
9/2/02 City law takes effect and is enforced
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 96
A. THOMPSON
LEGAL NOTICES
Dear Mr. Micheaux:
Enclosed please find three copies of a correspondence to
file with the Council for discussion at the next Council
meeting,
If you have any questions, please do not hesitate to contact
my office at (716) 851 -5145.
REFERRED TO THE SPECIAL COMMITTEE ON
MINORITY BUSINESS ENTERPRISE COMMTTTEE
NO. 97
A THOMPSON -R. BERTHA -REQ FOR PAYMENT
Dear Mr. Michaux:
Please file this correspondence with the Council for
discussion on Tuesday March 5, 2002.
Attn: Larry Wolff
Gentlemen:
This is a second request for payment of my claim for
$125.55, which was timely filed with the Department of Law
on November 30, 2001. As stated, the claim arose from a
tire and hub cap that were destroyed on September 6, 2001,
by the sharp edge of a sewer drain cover that was dislodged
from the curb embankment in front of 84 Fernhill Avenue,
and was lying in the street. My claim was supported by a
picture of the hazardous condition and receipts for road
service, tire and hubcap replacement.
On January 16 th and February 22 nd telephoned the Law
Department and spoke with Mr. Larry Wolff. Each time he
advised me to call back in a couple of weeks, that the
Sanitation Department would have to investigate my claim.
On February 23, rd, I observed that the hazardous condition
is being repaired. Pictures taken on that date are enclosed,
showing construction barrels and wooden planks in front of
the site. Further, on February 26th, I observed that a new
concrete curb section has been poured, and the dislodged
portion of the sewer drain has been removed.
Obviously, if the Sanitation Department plans to conduct an
investigation after the repairs are made, there will be no
evidence of an existing hazardous condition.
I request that my substantiated claim be paid promptly.
REFERRED TO THE COMMITTEE ON CLAIMS
NO. 98
MEMORANDUM
ANTOINE M. THOMPSON HUMAN SERVICE PROGRAMS
Over the next year my staff in Contract Administration will
be reviewing all Human Service Programs, as well as Youth
Programs, to find out which programs are operating
efficiently and which ones are not.
At the end of the review I will file a report with Community
Development and ask for your recommendations on how to
proceed with consolidation.
If you have any questions or concerns, please feel free to
contact me at extension 4001. Thank you.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 99
A DELISLE -BERC INFORMATION REQUEST DATED
FEBRUARY 28, 2002 -CDBG
In response to your information request, please note the
following information:
a. A copy of the HUD Project Form for the
Neighborhood Redevelopment Strategic Fund is attached.
The Fund is intended for tile preparation of comprehensive
community economic development plans for neighborhood
business districts in support of the City and BERCs Live
Zone Program. Initial focus will be on lower Niagara Street
and Jefferson Avenue to leverage the opportunities
presented by the new supermarkets under construction in
those areas. The funding will be used for party
CONSULTING contracts to accomplish this objective (e.g.,
Initiative for a Competitive Inner City). None of these funds
will be used for personnel.
b. Zero percent (0 %) of the proposed CDBG budget
to be allocated to the BERC for community economic
development will be used for personnel costs, with the
exception of the State mandated match for the Empire Zone
Program ($66,000).
C. Attached is a breakdown of the balances from
Year 27 CDBG funds allocated to the BERC. $1,695,000
(93 %) of the $1,824,000 allocated to BERC has been
encumbered. The remaining funds, originally allocated for
City Commerce Office and Marketing, & Business Outreach
will be reallocated for the Small Business Matching
Investment Fund and tile Entrepreneurial Assistance
Program.
d. We recommend the following process to keep the
Council informed of BERC's progress relative to CDBG
allocations:
• Representation of (Interim) Community Development
Committee Chair oil tile BERC Board of Directors;
• Quarterly reports to and /or regular agenda item on
Community Development Committee regarding BERC's
progress;
• Monthly Economic Development Roundtable with
members of the City of Buffalo Common Council and BERC
staff.
I hope this information responds to your request. We look
forward to continued cooperation with the Common Council
and Community Development Committee to revitalize our
Community.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 100
A. THOMPSON- DELAVAN GRIDER COMMUNITY
CENTER EQUIPMENT
Dear Mr. Giambra:
Attached please find correspondence sent from the Director
of the Delavan Grider Community Center regarding
equipment that is desperately needed for the center to
effectively service the community.
Please Note 'This will be the third copy of the attached
memo sent to your office.
Your prompt response will be greatly appreciated. Should
you have any questions or comments, please feel free to
contact me at (716) 851 -5145.
RECEIVED AND FILED
PETITIONS
NO. 101
A. GRISANTI, AGENT, USE 1792 AKA 1800 NIAGARA
FOR A
COMMERCIAL DAY CARE , OFFICES AND 1
APARTMENT
(HRG. 3/26)
REFERRED TO THE COMMITTEE ON LEGISLATION,
DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING
BOARD AND CORPORATION COUNSEL.
NO. 102
L. MARSHALL, AGENT, USE 420 CARLTON -HUMAN
SERVICES FACILITY - CHANGE OF USE TO 2 1 FAMILY
DWELLINGS WITH 1 KITCHEN, 1 ELEC. METER, 1 GAS
METER
(HRG. 3/26)
REFERRED TO THE COMMITTEE ON LEGISLATION,
DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING
BOARD AND CORPORATION COUNSEL.
NO. 103
L. MARSHALL, AGENT, USE 422 CARLTON -HUMAN
SERVICES FACILITY - CHANGE OF USE TO I FAMILY
DWELLING WITH 1 KITCHEN, 1 ELEC. METER, I GAS
METER
(HRG. 3/26)
REFERRED TO THE COMMITTEE ON LEGISLATION,
DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING
BOARD AND CORPORATION COUNSEL.
NO. 104
I. MEMON, AGENT, USE 31 STONE FOR A CEMETARY
AND
STORAGE. (HRG. 3/26)
REFERRED TO THE COMMITTEE ON LEGISLATION,
DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING
BOARD AND CORPORATION COUNSEL.
REGULAR COMMITTEES
CIVIL SERVICE
(MARC A. COPPOLA)
NO. 105
APPOINTMENT
ASSOCIATE TAX CLERK (INTER) (ASSESS /TAX)
(ITEM NO. 31 - C.C.P. MAR. 5, 2002)
That Communication 31, Mar. 5, 2002 be received and filed
and the temporary appointment of Secret Thompson stated
above at the intermediate salary of $32,269 effective on
February 27, 2002 is hereby approved.
PASSED
AYES -13. NOES -0.
NO. 106
APPT. -FIRE LIEUTENANTS (PERM) (MAX) (FIRE)
(CCP #46 -MAR. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 107
APPT. -FIRE LIEUTENANT (PERM. CONT.) (MAX) (FIRE)
(CCP #47 -MAR. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 108
APPT.- BATTALION CHIEF (PERM.) (MAX) (KUNZ) (FIRE)
(CCP #48 -MAR. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 109
APPT.- BATTALION CHIEF (PERM) (MAX) (BACHARA)
(FIRE)
(CCP #49 -MAR. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 110
APPT.- BATTALION CHIEF (PERM.CONT.) (FIRE)
(CCP #50 -MAR. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 111
SALARY ORDINANCE AMENDMENT
37- DIVISION OF WATER
VARIOUS DEPARTMENTS
(ITEM NO. 153, C.C.P., MAR. 5, 2002)
That the Salary Ordinance Amendment as
contained in Item No. 153, C.C.P., March 5, 2002, be and
the same hereby is approved.
PASSED.
AYES -13. NOES -0.
FINANCE
(BETTY JEAN GRANT, CHAIRPERSON)
NO. 112
CONDEMNATION OF 370 & 372 RILEY STREET -TOPS
SUPENNARKET PROJECT /JEFFERSON AVENUE
(ITEM NO. 6- C.C.P., MARCH 5, 2002)
That the above item be and the same is returned to the
Common Council without recommendation.
RECOMMENDED BY THE COMMITTEE ON FINANCE.
A public hearing has been set., before the Common
Council, at this regularly scheduled meeting, on the above
item, and a Notice of same has been published in the Buffalo
News, a copy of which is attached hereto.
On a motion by Mrs. LoTempio, seconded by Mr.
Thompson, the item is properly before the Common Council,
and the hearing is opened.
CARRIED.
Appearances —John Hannon, Director of Real Estate
Mrs. LoTempio now moved that the hearing be closed.
Seconded by Mr. Davis.
CARRIED.
Mrs. LoTempio moved that the above item be laid on the
table. Seconded by Mr. Davis.
LAID ON THE TABLE.
NO. 113
370 & 372 RILEY STREET - ENVIRONMENTAL
ASSESSMENT FORM
(ITEM NO. 5, C.C.P., MAR. 5, 2002)
That the above item be, and the same hereby is
returned to the Common Council without recommendation.
Mrs. Grant Moved:
That the Common Council be, and he hereby is
authorized to accept and file the Long Form Environmental
Assessment Form as amended, and adopt a Negative
Declaration for the construction of a Tops Supermarket
between Jefferson Avenue and Riley Streets.
PASSED.
AYES -13. NOES -0.
NO. 114
PERMISSION TO ACCEPT PAYMENT FROM TOPS
MARKETS, LLC
(ITEM NO. 10, C. C.P., MAR. 5, 2002)
That the above item be, and the same hereby is
returned to the Common Council without recommendation.
Mrs. Grant Moved:
That the Comptroller be, and he hereby is
authorized to accept payments from Tops Markets, LLC for
costs associated with the condemnation of 370 -372 Riley
Street.
PASSED.
AYES -13. NOES -0.
NO. 115
CONDEMNATION - EXPANSION OF AUGSPURGER
RAMP - 43 WEST HURON
(ITEM NO. 84, C.C.R, DEC. 26, 2001)
(ITEM NO. 22, C.C.P., NOV. 13, 2001)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mrs. LoTempio Moved:
That the above item be and hereby is laid on the table.
Seconded by Mr. Davis.
LAID ON THE TABLE.
NO. 116
B. GRANT -W. CROWE - RLUIPA -43 W. HURON ST.
(CCP #73 -MAR. 5,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 117
CONDEMNATION - EXPANSION OF AUGSPURGER
RAMP - 352 PEARL STREET (ITEM NO. 23, C.C.P., NOV.
13, 2001)
(ITEM NO. 85, C.C.P., DEC. 26, 2001)
That the above item be, and the same hereby is
returned to the Common Council without recommendation.
Mrs. LoTempio Moved:
That the above item be and the same hereby is laid on the
table.
Seconded by Mr. Davis.
LAID ON THE TABLE.
NO. 118
P. MURPHY -BFLO. CONVENTION CTR.- AUGSPURGER
PARKING RAMP EXPANSION
(CCP #70 -FEB. 5, 02)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO.119
ADD. TO AUGSPURGER PARKING RAMP (PKG. BD.)
(CCP #2 -FEB. 19, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 120
STRUCTURAL CONCERNS- AUGSPURGER PARKING
RAMP (PW)
(CCP #40 -MAR. 5,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 121
T. TIELMAN -PRES. COALITION - OPPOSE DEMO. -HURST
BLDG.
(CCP #84 -MAR. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 122
WALNUT ST.- SYCAMORE ST. TO
GENESSEE- PAVEMENT COMPLAINTS (#38,1/23) (CP)
(CCP #99 -OCT. 16, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 123
MS. JOHNSON - REPAVING OF STS. ON EAST
SIDE - PECKHAM ST. ( #30, 9/4) (CP)
(CCP #100 -OCT. 16, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 124
D. JOHNSON - CONCERNS - RE PAVING - PECKHAM ST,
( #30,10/2) (CP)
(CCP #101 -OCT. 16, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 125
REPAVING OF PECKHAM ST. (PW)
(CCP #33 -OCT. 16, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 126
AUTHORIZED BUT UNISSUED CAPITAL PROJECTS
(ITEM NO. 21, C.C.P., FEB. 5, 2002)
That the above item be, and the same hereby is
returned to the Common Council w1thout recommendation.
Mrs. Grant Moved:
That after the suggestion of the Commissioner of
Public Works, Parks and Streets, the projects as listed in the
above communication be removed as Capital Projects for
the City of Buffalo.
PASSED.
AYES -13. NOES -0.
NO. 127
B. DAVIS -M. SCHMAND -BFLO. PLACE -SPEC. DIST.
VENDING - CHIPPEWA ST.
(CCP #58 -FEB. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 128
T. BRODFUEHRER -LIST OF ADDRESSES -MULT.
DWELLINGS IN COB
(CCP #62 -MAR. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 129
M. MORIN - CHIPPEWA ENT. DIST. ASSN. -INFO.
- PARKING
(CCP #78 -MAR. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
Legislation
(Richard A. Fontana, Chairman)
NO. 130
C. Voltz, Petition to Use 1104 Kensington Avenue -
Human Services Facility
(Item No. 9 1 C. C.P., Mar. 5, 2002)
That after the public hearing before the Committee on
Legislation on March 12, 2002, the petition of C. Voltz,
agent, for permission to use 1104 Kensington Avenue
for a human service facility be, and hereby is approved.
Passed.
AYES -13- NOES -0
NO. 131
Faysal Galab, Petition to Use 2666 Bailey Avenue -
Auto Repair Garage /Used Car Sales
(Item No. 92, C.C.P., Mar. 5, 2002)
That after the public hearing before the Committee on
Legislation on March 12, 2002, the petition of Faysal
Galab, agent, for permission to use 2666 Bailey Avenue
for an auto repair garage /used car sales be, and hereby
is approved with the conditions that the Zoning Board of
Appeals approves the use and that the applicant submit
landscaping and facade plans to the Planning Staff for
approval.
Passed.
AYES -13- NOES -0
NO. 132
Dedicated Public Streets Frederick Douglas Redev Proj
(PW)
(CCP #28 -Jan. 22, 02)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 133
Dedicated Public Streets Frederick Douglas Redev Proj
(BMHA)
(CCP #50 -Feb. 5, 02)
That the above item be and the same hereby is
received and filed.
ADOPTED
NO. 134
Hampton Inn /Suites - Req. Permission to Occupy - Cary
Street ROW (PW)
(Item No. 10, C. C.P., Nov. 13, 200 1)
(Item No. 115, C. C.P., Dec. 26, 200 1)
That the above item be, and the same hereby is
returned to the Common Council without
recommendation.
Mr. Fontana Moved:
That the Common Council does hereby accept the proposed
plan by Benderson Development to occupy and encroach a
portion of the right -of -way on Cary Street and does hereby
authorize the Commissioner of Public Works, Parks and
Streets, the Corporation Counsel and the Director of Real
Estate to negotiate the terms and conditions of such
encroachment.
Passed
AYES -13- NOES -0
Community Development
(Antoine M. Thompson, Chairman)
NO. 135
Increasing Home Ownership Through Loan Guarantees
(Item No. 134, C. C.P., Feb. 19,
2002)
Mr. Thompson moved that the above item be recommitted to
the Committee on Community Development.
ADOPTED
NO. 136
Increasing Home Ownership Through Loan
Guarantees (Strat. Plan.)
(CCP #8 -Mar. 5, 02)
Mr. Thompson moved that the above item be recommitted to
the Committee on Community Development.
ADOPTED
NO. 137
Empire St. Dev. -Not. of Proposed Lead Agency Design.
- Adelphia Op. Ctr. (CP)
(CCP #32 -Oct. 30, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 138
A. Thompson -List of Brownfield Sites
(CCP #88 -Mar. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 139
Req. Cond. Traffic Study- Main /High Med.
Corr. /Fruitbelt Comm. ( #228, 7/24)
(CCP #120 -Nov. 13, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 140
Ujima Asbury Delaware Church (Strat. Plan)
(CCP #10 -Nov. 27, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 141
B. Williams -L. Rivers & O.- Complaints - Ellicott Tower
Center
(CCP #74 -Dec. 26, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 142
Transfer of Title, Urban Homestead - 256 Detroit Street
(Item No. 12, C.C.P., Mar. 5, 2002)
That the city -owned property commonly known as 256
Detroit 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 Ms. Mollie R.
Hatten, residing at 258 Detroit Street, in the amount of $ 1.
00 (One Dollar), 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. 143
Transfer of Title, Urban Homestead - 411 Fulton Street
Mr. Thompson moved that the above item be recommitted to
the Committee on Community Development.
ADOPTED
NO. 144
Transfer of Title, Urban Homestead - 895 & 901
Northampton
(Item No. 14, C.C.P., Mar. 5, 2002)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mr. Thompson moved that the above item be recommitted to
the Committee on Community Development.
ADOPTED
NO. 145
Transfer of Title, Urban Homestead - 1064 Smith Street
(Item No. 15, C.C.P., Mar. 5, 2002)
That the city -owned property commonly known as 1064
Smith 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. John W.
Curry, residing at 1060 Smith Street, in the amount of $1.00
(One Dollar), 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. 146
Transfer of Title, Urban Homestead - 68 & 70 Sobieski
Street
(Item No. 16, C.C.P., Mar. 5, 2002)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mr. Thompson Moved:
That the city -owned properties commonly known as 68 & 70
Sobieski, are hereby designated as Homestead Property,
and that the Mayor be, and he hereby is authorized to
execute a deed transferring said properties to Mr. Edward J.
Kubasiak, residing at 66 Sobieski, in the amount of $1.00
(One Dollar), 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
Education
(Charley H. Fisher, III, Chairman)
NO. 147
C. Fisher -J. Johnson - Info. -Bflo. Alt. H.S.
(CCP #85 -May 15, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
Special Committees
BUDGET COMMITTEE
(Rosemarie LoTempio, Chairperson)
NO. 148
Fire Co. Rotation- 1/ 18- 1/24/02 (Fire)
(CCP #35 -Feb. 19,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 149
Fire Co. Rotation- 1/25- 1/31/02 (Fire)
(CCP #42 -Mar. 5,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
MINORITY BUSINESS ENTERPRISE COMMITTEE
(Charley H. Fisher, III, Chairman)
NO. 150
Establish MVME Goals on Various Projects
(Item No. 15 8, C. C. P., Nov. 27, 200 1)
That all City of Buffalo, Buffalo Neighborhood Revitalization
Corporation, Buffalo Sewer Authority, Buffalo Urban
Renewal Agency, and Buffalo Economic Renaissance
Corporation projects located within the Masten District have
minority business enterprise goal of 25% and women
business goal of 5 %, and that all formal and informal bid
proposals, request for proposals, and contract
papers /documents explicitly state these goals.
Adopted
NO. 151
S. Hanson - Adelphia- Workforce Diversity
(CCP #60 -Feb. 19, 02)
That the above item be and the same hereby is
received and filed.
ADOPTED
HEALTH SERVICES TASK FORCE COMMITTEE
(Mary M. Martino, Chairperson)
NO. 152
Dr. M. Applewhite & O -Var. Problems Confronting
NYSDOH & Physician Discipline
(CCP #78 -Feb. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
RESOLUTIONS
By: Mr. Coppola
NO. 153
Subject: City Capital Debt
Whereas: The City of Buffalo's current debt for city general
purpose is $226,951,612; and
Whereas: This figure only includes the city's share of total
indebtedness, not the Board of Education debt or enterprise
debt; and
Whereas: The accumulation of such debt has numerous
implications to the city's budget, now and far into the future;
and
Whereas- This increasing indebtedness will continue to be a
strain on the city's budget, as well as, hover over City of
Buffalo taxpayers for many years to come; and
Whereas: The city's indebtedness also has implications on
the rate at which the city is able to sell bonds (borrow
money); and
Whereas: Currently the City of Buffalo has a bond rating of
Baa2 with a credit watch; and
Whereas: This is a very serious matter as it pertains to the
city's bonding ability, the rate at which those bonds are paid
back, and the total amount of funds that are appropriated
each year for debt service payments; and
Whereas: Appropriations for capital debt service (general
city purposes) in the 2001 budget equaled $33,045,278; and
Whereas: This $33 million is paid from the city's general
budget and is an alarming sum, not only because of the
city's current financial crisis, but because this figure has
grown at a rapid pace in the last ten (10) years; and
Whereas: The appropriated amount is not equal to the debt
that is retired each year from payments because a large
portion of that payment is dedicated to interest - $11,331,818
for 2001: and
Whereas: The amount of debt issued over the past 10 years
has far out -paced the amount of debt retired; and
Whereas: A ten year forecast at the current rate of issuing
capital debt will demonstrate the need of real restraint and
prioritization; and
Whereas: The need to sell bonds for the purposes of
improving the city's infrastructure, creating economic growth
and opportunity by building and rebuilding, and for city
general purposes to provide services is necessary -, and
Whereas: It has been acknowledged by the administration
and the council that the percentage of the city's budget that
is dedicated to police and fire services has increased over
the years and is in need of restructuring in some way, and
Whereas: Although the percentage of increase for police and
fire services has grown (police 14% since 1990 and fire 11 %
since 1990), it pales in comparison to the growth in
percentage for debt service (48% since 1990); and
Whereas: A conservative forecast would show that the
percentage of the city's budget that is dedicated to debt
service is on pace to exceed that of the fire department; and
Whereas: If the City of Buffalo were to achieve a better bond
rating through it's fiscal policies, the savings would be
significant; and
Whereas: Bond ratings of A, Aa, and Aaa, are achievable
and would have far reaching effects for the city.
Now Therefore Be It Resolved:
This Common Council fully recognizes this escalating
problem and is dedicated to working toward reducing the
city's overall indebtedness through more restraint and better
prioritization, and
Be It Further Resolved:
That a certified copy of this resolution be sent to the Mayor
of the City of Buffalo and the Comptroller of the City of
Buffalo.
ADOPTED
By: Mr. Coppola
No. 154
SUBJECT: Redistricting
Whereas: This year, 2002, the New York State Assembly
and Senate will be working on their decennial
reapportionment plan for New York State; and
Whereas: When the State Assembly and Senate districts are
redrawn, often times the new line cut across election districts
effectively dividing them into two; and
Whereas -. The reapportionment plan could bear costs to
local governments as it pertains to expenses associated with
the number of polling machines needed; and
Whereas: It would be very help to governments across New
York State wishing to consolidate smaller election districts as
a cost saving measure during this current financial crisis if
the state legislature would take into consideration the
non - division of election districts as they put forth the plan.
Now ,therefore, Be It Resolved:
That this Common Council requests the Erie County Board
of Elections to make recommendations regarding the
consolidation of those smaller election districts in the City of
Buffalo which are small based on population that would be
beneficial to consolidate as a cost saving measure.
Be It Further Resolved:
That the Erie County Board of Elections file a copy of their
recommendations with the Buffalo Common Council as soon
as possible to ensure they can reviewed before any
redistricting plan is put in place.
Be It Further Resolved:
That the City Clerk send a certified copy of this resolution to
the Erie County Board of Elections.
ADOPTED
BY: Mr. COPPOLA
NO. 155
SUBJECT: Support for Upper West Arts Center
Whereas: The Upper West Arts Center located at 469
Richmond /525 West Ferry is a multi use, community based
facility for the performing and visual arts operated by
Alleyway Theatre Incorporated; and
Whereas: The facility will feature a 600 seat concert hall, a
99 seat drama theatre, an art gallery and exhibit space, a
community meeting room, rehearsal halls, classrooms,
offices, caterer's kitchen, reception hall and a 2300 pipe
grand organ -, and
Whereas.- This project will restore and preserve a 36,000
square foot, 100 year old Medina red sandstone building
designed by Major Robert A. Greenfield; and
Whereas: Upon completion of the restoration, the Upper
West Arts Center will become one of the great assets of our
community by encouraging Western New York artists and
organizations, promoting cultural tourism and economic
development, and fostering historic preservation and
neighborhood stabilization.
Now. Therefore. Be It Resolved:
That this Common Council fully supports the efforts of
Alleyway Theatre Incorporated to create the Upper West
Arts Center through the restoration of one of Buffalo's most
beautiful church buildings located at the comer of Richmond
and West Ferry; and
Be It Further Resolved:
The development of the Upper West Arts Center will provide
a first rate facility for Western New York cultural
organizations while preserving one of the area's finest
historic structures.
ADOPTED
By: Mr. Davis
NO. 156
SUBJECT: Appointments - Ellicott District Council
Office
Now, Therefore, Be It Resolved:
That Ms. Dana Marciniak be appointed to the position of
Senior Legislative Assistant, Ellicott District Council Office;
and
Be It Further Resolved:
That Ms. Irma Lorenzo be appointed to the position of
Legislative Aide, Ellicott District Council Office; and
Be It Finally Resolved:
That these appointments be made effective April 1, 2002.
ADOPTED
By: Mr. Davis
NO. 157
SUBJECT:CONCERNS ABOUT DIMINISHING
ENFORCEMENT OF THE CLEAN AIR
ACT
Whereas: A previously filed resolution on the Environmental
Protection Agency's monitoring of air pollution levels (Res.
170, CCP January 22, 2002, "Toxic Release Inventory ")
expressed concerns about the release of toxic chemicals
into the atmosphere and repeated violations of the federal
Clean Air Act; and
Whereas: The Feb 27, 2002, letter of resignation from Eric
Schaeffer, head of the EPA's Office of Regulatory
Enforcement, has generated further concerns about the
diminishing levels of enforcement of the Act; and
Whereas: A 90 day review to reexamine current enforcement
policies of the Clean Air Act is underway, and Mr. Schaeffer
believes that this review is an attempt to weaken existing
enforcement policies; and
Whereas: The EPA estimates that last year, the effects of 7
million tons of nitrogen oxide and sulfur dioxide emissions
have caused more than 10 million premature deaths, at least
5,400 incidents of chronic bronchitis, more than 5,100
hospital emergency room visits and over 1.5 million lost work
days;
Now, Therefore, Be It Resolved:
That this Common Council asserts that any attempt by
energy industry lobbyists to weaken the current levels of
enforcement of the federal Clean Air Act is unacceptable;
and
Be It Further Resolved:
That this Honorable Body requests a congressional
investigation into this review, and invites Mr. Schaeffer to
appear, at his convenience, before the Council in order to
answer specific questions about enforcement policies; and
Be It Finally Resolved:
That the City Clerk be directed to send certified copies of this
resolution to President George W. Bush, the Western New
York Congressional delegation, the United States Senate
Environment Committee, Environmental Protection Agency
Administrator Christine Whitman, the Environmental
Protection Agency, the New York State Department of
Environmental Conservation, the Erie County Legislature,
the Buffalo Environmental Management Commission, the
Citizen's Environmental Coalition, the New York Public
Interest Group (NYPIRG) and the Citizen's Campaign for the
Environment.
ADOPTED
By: Mr. Davis
NO. 158
SUBJECT: PERMISSION TO HANG BANNER -
DELAWARE AVENUE
Whereas: The Trinity Episcopal Church, located at 371
Delaware Avenue, is celebrating its semi - annual Trinity
White Elephant Sale; and
Whereas: In order to promote the White Elephant Sale,
representatives from the Trinity Episcopal Church are
seeking permission to hang a banner across Delaware
Avenue, in front of the church, from April 20 through May 11,
2002; and
Whereas: The Trinity Episcopal Church is familiar with the
banner requirements and will purchase the necessary bond
before the banner is hung;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo grants
permission to the Trinity Episcopal Church to hang a banner
announcing its semi - annual White Elephant Sale; and
Be It Further Resolved: That said banner will hang across
Delaware Avenue, in front of the Trinity Episcopal Church,
located at 371 Delaware Avenue, from April 20, 2002,
through May 11, 2002; and
Be It Finally Resolved:
That said banner meets all the requirements of pertinent City
departments and that no existing laws be violated.
PASSED
AYES -13- NOES -0
BY: MR. FRANCZYK
NO. 159
RE: CHARTER VIOLATED BY UNTIMELY
APPOINTMENTS TO CITIZENS ADVISORY COMMISSION
ON REAPPORTIONMENT
WHEREAS: Section 18 -12 of the Buffalo City Charter
explicitly states that "Prior to the end of February in the
year following the decennial census, the president of the
council with the approval of the council shall appoint
five members of the commission and the mayor shall
appoint four members;" and,
WHEREAS: The submission of the Council President of five
names to the Citizens Advisory Commission on
Reapportionment is in direct contravention of paragraph two,
section 18 -12, of the Buffalo City Charter insofar as the
Council President failed to file the names of
recommendations to the Citizens Advisory Commission on
Reapportionment in the year and month required by the
Charter; and,
WHEREAS: The five recommendations of the Council
President to the Citizens Advisory Commission on
Reapportionment was late -filed before the Common Council
and dated, March 1, 2002, one year and one month later
than the clear and unambiguous provisions outlined in
Section 18 -12, paragraph two, of the City Charter, thereby
nullifying these recommendations which were submitted in a
manner in violation of the Charter; and,
WHEREAS: The four names submitted by the Mayor to
serve on the Citizens Advisory Commission on
Reapportionment is similarly in violation of Section 18 -12,
paragraph two, of the Charter insofar as it was late -filed for
the Common Council meeting of March 5, 2002; and,
WHEREAS: Possibly realizing that the Mayors submission to
the reapportionment Commission was in violation of the
Charter, the Mayors communication to the Council is dated
February 28, 2001, a date, that if filed in a timely manner
one year ago, would have been in accord with the Charter;
and,
WHEREAS: Notwithstanding the law department's argument
that because the City of Buffalo was challenging the Federal
Census numbers in 2001 and could wait until 2002 to
reapportion the city according to state and federal law, it did
not prevent the Council President and Mayor from appointing
a Citizens Reapportionment Committee "prior to the end of
February in the year following the decennial census," in
accordance with the city charter, rather than in disregard or
violation of the deadlines imposed by the charter; and,
WHEREAS: The city may be permitted to reapportion in
2002, but the Council President and Mayor chose not to
appoint members of the Reapportionment Commission as
required by the Charter; and,
WHER.EAS: This abrogation of a Charter responsibility
threatens the integrity of the Reapportionment process,
jeopardizing the citizens right to a fair and equal
representation under the law; and,
WHEREAS: Article 2, Section 10, Subdivision 13, of New
York State Municipal Home Rule Law grants the power of
apportionment to the "legislative body," in this instance the
Common Council; and,
WHEREAS: The responsibility and duty of the Common
Council under New York State Law is to create and approve
a Reapportionment Plan in accordance with Federal and
State law;
NOW THEREFORE BE IT RESOLVED: That in light of the
violation of the Charter in the Reapportionment process as a
result of the neglect by the Mayor and Council President to
nominate candidates to the Citizens Reapportionment
Committee as mandated by the Charter, it is now incumbent
on the Common Council to approve the Reapportionment of
the City of Buffalo in accordance with state law and in time
for the deadline necessary to put a Reapportionment
Referendum before the voters; and,
BE IT FURTHER RESOLVED: That the Council will solicit
the input and technical support of those city departments
needed to produce an accurate map; and,
BE IT FINALLY RESOLVED: That the Common Council will
actively court the input of the citizens of Buffalo in this plan,
in addition to holding public hearings on any approved
reapportionment plan as required by law.
REFERRED TO THE SPECIAL COMMITTEE ON
REAPPORTIONMENT, REAPPORTIONMENT
COMMISSION AND CORPORATION COUNSEL
By: Mrs. Grant
NO. 160
Subject :Repealing Various
Bond Resolutions
Resolution repealing, revoking and rescinding in whole or
partial bond resolutions heretofore adopted by this Common
Council:
Item Amount
Amount to
Adopted # Authorized Project Be
Rescinded
9/6/94 171 $2,465,000 Imprto Var.Schools $
500,000
(BA -98)
11/16/99 148 1,000,000 Impr -Elec (BA -47)
1,000,000
1/9/01 130 10,000,000 Richard Com Kensington
10, 000, 000
Heights (BA -55)
Whereas, this Common Council heretofore adopted these
said bond resolutions
Item Amount
Amount to
Adopted # Authorized Project Be
Rescinded
9/6/94 171 $2,465,000 Imprto Var Schools
$ 500,000
(BA -98)
11/16/99 148 1,000,000 Impr -Elec (BA -47)
1,000,000
1/9/01 130 10,000,000 Rich Comp Kens
10, 000, 000
Heights (BA -55)
Whereas, no bonds or bond anticipation notes have been
issued pursuant to said bond resolutions
Now, therefore, be it resolved,
That these bond resolutions heretofore adopted by this
Common Council
Item Amount
Amount to
Adopted # Authorized Project Be
Rescinded
9/6/94 171 $2,465,000 Imprto Var Sch $
500,000
(BA -98)
11/16/99 148 1,000,000 Impr -Elec (BA -47)
1,000,000
1/9/01 130 10,000,000 Rich Complex Kens
10, 000, 000
Heights (BA -55)
be and hereby is in whole repealed, revoked and rescinded,
except to the extent that any indebtedness shall already
have been contracted or encumbrances made thereunder for
the objects or purposes for which such resolutions authorize
the issuance of obligations; and
Be it further resolved, that the repeal, revocation and
rescission of said Bond Resolutions shall in no way be
construed to invalidate any expenditures made, liabilities
incurred, obligations issued, or any action taken pursuant to
said Bond Resolution.
PASSED
AYES -13- NOES -0
By: Mrs. Grant
NO. 161
SUBJECT: Use of 3300 Bailey Avenue for a Satellite
C.O.P. Station and Streets Safety
Building
Whereas: Bailey Avenue has been the scene of a recent rise
in store robberies, graffiti, and youth congregating on street
comers; and
Whereas: Many business owners and residents have
expressed a need for a greater presence of street patrols,
crime deterring initiatives such as the involvement of groups
such as F.A.T.H.E.R.S. and MAD DADS, and C.O.P.
Stations; and
Whereas: The city -owned building at 3300 Bailey Avenue is
in a highly populated area where youth congregate in the
evening, and can be utilized as a place where these groups
can meet, collaborate and work together to address the
concerns of business owners and shoppers in the
surrounding area.
Now, Therefore, Be It Resolved That: The city's Department
of Real Estate retain the property at 3300 Bailey Avenue to
be converted into a C.O.P. Station and streets safety
building that will be manned by volunteers.
Be It Further Resolved That: Copies of this resolution be
forwarded to the Department of Real Estate, Office of
Strategic Planning, Commissioner of Community Services,
the Office of Tax and Assessment, and Commissioner
Rocco Diina.
REFERRED TO THE COMMITTEE ON FINANCE, THE
DIRECTOR OF REAL ESTATE, THE DIRECTOR OF
STRATEGIC PLANNING, THE COMMISSIONER OF
COMMUNITY SERVICES, THE COMMISSIONER OF
POLICE AND THE COMMISSIONER OF ASSESSMENTS
AND TAXATION
MS. GRANT
NO. 162
Rescinding Unissued Bond Authorizations By Repealing
Various Bond Resolutions Previously Adopted
Bond Resolution of the City of Buffalo, New York,
repealing various bond resolutions previously adopted
on their respective dates.
WHEREAS, this Common Council has heretofore duly
authorized the issuance of bonds to finance the cost of
various capital projects pursuant to the Bond
Resolutions listed on the attached schedule; and
WHEREAS, two of such Bond Resolutions (listed in rows 1
and 2 on the attached schedule) were passed over ten years
ago and by operation of law are deemed to be repealed,
except to the extent that any indebtedness shall already
have been contracted or encumbrances made thereunder;
and
WHEREAS, the financing of such capital projects pursuant
to the remaining Bond Resolutions has been either cancelled
or completed through the issuance of bonds pursuant to
such Bond Resolutions and there remain unissued
authorizations which should be repealed for each such Bond
Resolution; and
WHEREAS, it is now appropriate to repeal such remaining
Bond Resolutions;
The Common Council of the City of Buffalo, in the County of
Erie, New York, hereby resolves as follows:
Section (A). The bond resolutions as shown in rows 3 - 24
on the attached schedule, duly adopted by this Common
Council on their respective dates as shown on the attached
schedule under column A, are hereby repealed, except to
the extent that any indebtedness shall already have been
contracted or encumbrances made thereunder.
Section (B). This Resolution shall take effect immediately
upon approval by the Mayor in accordance with Section 38
of the Charter of the City of Buffalo.
ADOPTED
By: Mrs. LoTempio
NO. 163
Re: Ordinance Amendment
Chapter 72 - Ambulances and Ambulance Drivers
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Section 72 -8 of Chapter 72 of the Code of the City of
Buffalo be amended to read as follows:
§ 72 -8. Issuance, term and revocation or suspension of
emergency medical technician's
license.
A. With the approval of the Board of Emergency Medical
Services and the Commissioner of Police, the Director of
Inspections, Licenses and Permits shall issue such
emergency medical
technician's licenses upon payment of the required license
fees.
B. Each such license shall expire [on December 31 of the
year for which it was issued]
biennially on the last day of the emergency medical
technician's birth month.
C. After such license has been issued, if it is found that the
licensee is violating any of the terms of this chapter, the
Commissioner of Health may recommend to the Board of
Emergency Medical Services that proceedings be instituted
to revoke or suspend such license.
It is hereby certified, pursuant to Section 3 -19 of the Charter
that the immediate passage of the foregoing ordinance is
necessary.
PASSED
AYES -13- NOES -0
NOTE: Matter in brackets to be deleted; matter underlined is
new.
By: Mrs. LoTempio
NO. 164
Re: Ordinance Amendment
Chapter 176 - Fees
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Chapter 216 of Chapter 175, Fees, of the Code of the
City of Buffalo be amended to read as follows:
§ 216- 56, commercial user fees. The minimum rate the
Commissioner may charge covering the
cost of collection shall be fixed cost plus variable [rate per
square foot] cost.
Annual Fee
Fixed cost [$70.98]
PLUS
Variable Cost
35 gallon tot [$17.14
65 gallon tot [$28.42]
95 gallon tot [$33.24]
Late charge, per quarter [$5,00]
[User category (variable per 100 sq. ft.)
I low user (0 to 40 lbs. per 100 sq. ft.)
$0.45
11 medium -low user (40 to 80 lbs. per 100 sq. ft.)
$1.39
III medium user (80 to 120 lbs. per 100 sq. ft.)
$2.27
IV medium -high user (120 to 160 lbs. per 100 sq.
ft.) $3.17
V high user (over 160 lbs. per 100 sq. ft.)
$4.071
It is hereby certified, pursuant to Section 3 -19 of the Charter,
that the immediate passage of the foregoing ordinance is
necessary.
APPROVED AS TO FORM
NOTE: Matter in brackets to be deleted; matter underlined is
new.
PASSED
AYES -13- NOES -0
By: Mrs. LoTempio
NO. 166
Re: Ordinance Amendment
Chapter 176 - Fees
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Chapter 175 of the Code of the City of Buffalo be
amended to read as follows:
Chapter 361, Records
§ 361 -23, duplicate [tax and water] City bills and receipts not
expressly provided for in this
Chapter $3.00
It is hereby certified, pursuant to Section 3 -19 of the Charter,
that the immediate passage of the foregoing ordinance is
necessary.
APPROVED AS TO FORM
NOTE: Matter in brackets to be deleted: matter underlined is
new.
PASSED
AYES -13- NOES -0
By: Mrs. LoTempio
NO. 166
Re: Ordinance Amendment
Chapter 216 - Garbage, Rubbish and Refuse
The Common Council of the City of Buffalo does hereby
ordain as follows -
That Sections 216 -56(F) and (G)(1), 216 -62, and certain
terms defined in Section 216 -66 of Chapter 216 the Code of
the City of Buffalo be amended to read as follows:
§ 216 -56. Public collection of commercial solid waste.
F. The commercial user solid waste fees shall be determined
or negotiated by the Commissioner, billing of which shall be
subject to service review pursuant to the rules and
regulations promulgated by the Commissioner, provided,
however, that such fee shall not be set at a rate less than the
rate provided in Chapter 175,
Fees, of this Code. The Commissioner may determine or
negotiate such fees based on factors such as, but not limited
to, the type of use of the establishment, [square footage of
the establishment], size of receptacle, quantity of waste
generated, and the frequency of public collection.
G. The Commissioner may negotiate the rate under the
following bases.
1 . The Commissioner may calculate the minimum rate by
adding the fixed cost for public collection and combining that
with variable rate for public collection[the type of use of the
establishment serviced and the square footage of the
establishment]. The Commissioner shall promulgate
regulations setting forth the criteria for fixed costs and
variable costs. [identifying the type of use of establishments.
Type I user category, Low User, shall be a commercial user
which generates 0 to 40 pounds of solid waste per 100
square foot of the establishment; Type 11 user category,
Med -Low User, shall be a commercial user which generates
40 to 80 pounds of solid waste per 100 square foot of the
establishment; Type 111, Medium User, shall be a
commercial user which generates 80 to 120 pounds per 100
square foot of the establishment; Type IV, Med -High User,
shall be a commercial user which generates 120 to 160
pounds of solid waste per 100 square foot of the
establishment; and Type V, High User, shall be a
$81.63
$19.71
$32.68
$38.23
$5.75
commercial user which generates over 160 pounds of solid
waste per 100 square foot of the establishment.
216 -62. Complaint procedure.
The Commissioner shall hear and decide all complaints
concerning the public collection user fee. The complaint shall
be filed within ten (10) days of the issuance of a bill, in
writing, with sufficient detail for a determination to be made
by the Commissioner based on the documents submitted
and with a statement that the information submitted is true
and correct under penalties of perjury and that any false
statements made therein are punishable. The filing of a
complaint shall not relieve the owner from the obligation of
making timely payment of the disputed bill; provided,
however, in the event the annual amount in dispute is less
than $50.00, the complainant may pay the lower amount. If a
bill is determined by the Commissioner to be incorrect, the
Commissioner shall determine the correct amount and the
City shall refund any amount the Commissioner has
determined was overpaid. If a bill is determined by the
Commissioner to be correct, the complainant shall have 10
days to pay the amount due, and if not paid, the complainant
shall be subject to any interest and late charges which may
be due and owing. Any complainant dissatisfied with the
determination of the Commissioner shall have the right to file
a notice of appeal pursuant to the rules and regulations
promulgated by the Commissioner. Such appeals shall be
heard by the public collection board of appeals in
accordance with the rules and regulations promulgated by
the Commissioner. Upon the presentation of all admissible
evidence, the public collection board of appeals shall
determine whether the billing [and /or classification] is correct
or incorrect. Upon determining the billing [and /or
classification] is incorrect, the public collection board of
appeals shall determine the correct billing [and /or
classification], and shall direct the City to refund such sums
that the public collection board of appeals has determined
were overpaid. If a bill is determined by the public collection
board of appeals to be correct, the complainant shall have
10 days to pay the amount due, and if not paid, the
complainant shall be subject to any interest and late charges
which may be due and owing.
§ 216 -66. Definitions.
PUBLIC COLLECTION BOARD OF APPEALS [SOLID
WASTE REVIEW PANEL] - -The panel established pursuant
to this Chapter to hear and decide [classification and] billing
complaints.
SERVICE REVIEW The process by which all complaints
concerning [classifications of properties and /or] billing [rates]
of public collection user fees are determined by the
Commissioner to be correct or incorrect.
It is hereby certified, pursuant to Section 3 -19 of the Charter,
that the immediate passage of the foregoing ordinance is
necessary.
APPROVED AS TO FORM
NOTE: Matter in brackets to be deleted; matter underlined is
new. PASSED
AYES -13- NOES -0
By- Mrs. LoTempio
NO. 167
Re: Ordinance Amendment
Chapter 361 - Records
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Article VI and Section 361 -23 of Chapter 361 of the
Code of the City of Buffalo be amended to read as follows:
ARTICLE VI
Duplicate [Tax and Water] City Bills and Receipts
§ 361 -23. Duplicates.
Each request for duplicate tax, [or] water, or other City bills
not otherwise provided in the City Code or duplicate receipts
for tax, [or] water, or of he payments to the City shall be
accompanied by the receipt of the fee as provided in
Chapter 175, Fees, to cover the
[administration] administrative costs of filing each request.
It is hereby certified, pursuant to Section 3 -19 of the Charter,
that the immediate passage of the foregoing ordinance is
necessary.
APPROVED AS TO FORM
NOTE: Matter in brackets to be deleted, matter underlined is
new.
PASSED
AYES -13- NOES -0
By: Mrs. LoTempio
NO. 168
City of Buffalo
Local Law No. - (2002)
Introductory No. -- (2002)
A LOCAL LAW amending the Charter of the City of Buffalo in
relation to Public Works, Parks and Streets, Division of
Streets, public collection of commercial solid waste and
powers and duties of public collection board of appeals,
deleting references to commercial user property size or
classification.
BE IT ENACTED BY THE COMMON COUNCIL OF THE
CITY OF BUFFALO AS FOLLOWS:
Section 1. That Section 15 -43(A) of Article 15 of the Charter
of the City of Buffalo, adopted pursuant to law, is hereby
amended as follows:
Sec. 15 -43. Public Collection of Commercial Solid Waste.
The fees for public collection of commercial solid waste shall
be determined or negotiated by the commissioner, billing of
which is subject to service review pursuant to the rules and
regulations promulgated by the commissioner; provided,
however, that such fee shall not be determined or negotiated
at a rate less than the appropriate rate provided in chapter
175, Fees, of the code of the city of Buffalo. The
commissioner may determine or negotiate such fees based
on factors such as, but not limited to, the type of use of the
establishment, [square footage of the establishment,] size of
receptacle, quantity of waste generated, and the frequency
of collection.
Section 2. That Section 15 -47 of Article 15 of the Charter of
the City of Buffalo, adopted pursuant to law, is hereby
amended as follows:
Section 15 -47. Duties and Powers.
The public collection board of appeals shall hear and decide
appeals of any determination by the commissioner [of a
classification and /or] billing complaint regarding the public
collection of solid! waste. A quorum of not less than three (3)
members of the public collection board of appeals must be
present in order for the board of appeals to make a decision.
The public collection board of appeals may, from time to
time, establish its rules and regulations for its proceedings
and procedures. An owner dissatisfied with the
determination of the commissioner shall have the right to
appeal by filing a written notice of appeal with the public
collection board of appeals. The public collection board of
appeals shall conduct appeals at places and times
determined by the board. Upon the presentation of
admissible evidence, the public collection board of appeals
shall determine whether the billing [or property classification]
decision of the commissioner was correct. Upon making that
determination, the public collection board of appeals shall
also determine the appropriate billing [or property
classification] and direct the city to refund such sums that the
public collection board of appeals determines were overpaid.
Section 3. 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 4.This local law shall take effect immediately.
APPROVED AS TO FORM
NOTE: Matter in brackets to be deleted; matter underlined is
new.
PASSED
AYES -13- NOES -0
BY: Mrs. LoTempio
NO. 169
RE: Waive Rental Fees & Ticket Surcharge for Dunn Tire
Park
Whereas: The Director of the Stadium, Mr. Michael Masiello,
requested permission of this Council to extend the pilot
program, Waiving Rental Fees for Dunn Tire Park for an
additional year; and
Whereas: Permission was approved per C.C.P. Item 208 of
March 20, 2001; and
Whereas: These fees are waived on a case by case basis
for the benefit of the community; and
Whereas: Efforts are continuing to promote the Stadium and
encourage a variety of events; and
Whereas: Tentative arrangements for three such promotions
to be held during the 2002 baseball season are underway.
These promotions, Drums Along the Waterfront, Kiss the
Summer Hello and WYRK Taste of Country are expected to
draw large audiences: and
Whereas: Additional events held at the Stadium
have a positive impact on the City of Buffalo, specifically
downtown Buffalo; and
Whereas: The Promoters of these events have requested a
waiver of the rental fee in addition to the 5% ticket surcharge
for use of the stadium; and
Whereas: The Promoters, will pay all of the incremental
costs associated with conducting these events: and
Whereas In each case both parties will enter the standard
contractual agreement concerning the use of Dunn Tire
Park; and
Now Therefore Be It Resolved: This Honorable Body
authorizes the waiver of the rental fee for use of Dunn Tire
Park and the 5% ticket surcharge, for Drums Along the
Waterfront event, Kiss the Summer Hello event, and the
WYRK Taste of Country event.
PASSED
AYES — 11 COPPOLA, DAVIS, FONTANA, FRANCZYK,
GOLOMBEK, GRANT, FRAY, LOTEMPIO, MARTINO,
PITTS THOMPSON
NOES -2 BONIFACIO, FISHER
By- Mrs. Martino
NO. 170
SUBJECT: Lead Agency Designation Modern LLC
Whereas: Pursuant to the New York State Environmental
Quality
Review Act (SEAR) and Section 168 -7 of the Code of the
City of Buffalo, a long form Environmental Assessment Form
(FAF) has been forwarded to the City by Steven J. Doleski,
Regional Permit Administrator for the New York State DEC -
and
Whereas The mandate of SEQR is to determine it the
proposed transfer station which transfers municipal solid
waste and the increase of the facility from five hundred (500)
tons per day to one thousand (1,000) tons per day is likely to
pose any significant adverse effect on tile environments prior
to the issuance of any governmental permits or approval;
and
Whereas: The designation of a lead agency to coordinate
the SEQR review for this project is necessary: and
Whereas: The City of Buffalo has identified the various
departments and agencies with permitting and /or approval
authority over the project and has notified them of its intent
to seek to be named as lead agency Pursuant to Chapter
168 of the code of the City of Buffalo and
Whereas: Based upon correspondence received from the
New York State DEC and a preliminary review of this matter
by the Council, the Department of Law and the Department
of Public Works it appears that the potential adverse effects
of the proposed actions are primarily local in nature, and
concern areas under the regulation and control of the City of
Buffalo.
Now, Therefore, Be It Resolved:
That the City of Buffalo Is hereby authorized to take all steps
necessary to seek and accept the designation as lead
agency for the Modern Waste Transfer Station Plan
permitting process.
PASSED
AYES -13- NOES -0
By: Mrs. Martino
NO. 171
SUBJECT: Natural Disaster Safety and Assistance
Coordination
Whereas: In late December 2001 the City of Buffalo
experienced a record setting snow storm with accumulations
of up to seven (7) feet in some areas; and
Whereas: The City of Buffalo was again crippled in
early February by a damaging wind and ice storm; and
Whereas: On March 9, 2002 the City of Buffalo again
encountered a winter assault of high winds and blowing
snow; and
Whereas: While the residents of the City of Buffalo
are patient and resourceful people, anxiety levels escalate
due to snow blocked streets, loss of utilities, as well as trees
toppled on houses, cars and in streets.
Now, Therefore, Be It Resolved: That this Common Council
request and meet with the City of Buffalo Disaster
Coordinator John Sniderhan.
Now, Therefore, Let It Be Further Resolved: That this
Council work with Mr. Sniderhan to not only establish policy
to further assist and protect the residents of Buffalo, but to
also assist in identifying grant funds to cover the increasing
expenses during these financially difficult times.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE DISASTER COORDINATOR
By: Mr. Thompson
NO. 172
Re: Memorialize New York State to Support Residency
Requirements for Police, Fire, and Sanitation Workers
Whereas: Police officers, Firefighters, and Sanitation
Workers provide essential services to the residents of the
City of Buffalo; and
Whereas: Municipal employees who live in the communities
in which they work tend to have a greater stake in the
preservation and improvement of their neighborhood and the
entire city; and
Whereas: Virtually all of the suburban communities in Erie
County require their police and firefighters to reside in the
town or village in which they work; and
Whereas: The Charter of the City of Buffalo requires that all
municipal employees reside within the boundaries of the city,
but New York State Law exempts residency provisions for
police officers, firefighters, and certain sanitation department
employees; and
Whereas :The present exemptions were inspired by war -time
and post -war conditions when there was a shortage of
workers to fill these positions; and
Whereas Whenever there is a Civil Service announcement
for an examination for any of these departments, thousands
of qualified applications are filed by City of Buffalo residents,
thereby showing there is no longer a need for residency
exemptions; and
Whereas: There are many profound benefits to requiring
residency for all municipal employees. Residing in the
community demonstrates a larger commitment to the city. It
gives city workers a greater stake in the neighborhoods they
serve. Residency increases the number of middle income
families living in the city, and it increases the number of
owner occupied homes in the city; and
Whereas: New York State Assemblymember Sam Hoyt has
sponsored Assembly Bill Number A.02206, which would
remove the State mandate that prohibits the City of Buffalo
from requiring city residency for its Police Officers,
Firefighters, and Sanitation Employees; and
Whereas: Whether the City of Buffalo chooses to require
residency is an important decision that should not be made
by the New York State Legislature but one that should be
made by the Mayor, the Common Council, and the residents
of the City of Buffalo; and
Whereas: The present economic status of the City of Buffalo
should be heavily weighed when these decisions are
addressed. Long term effects of residency requirements can
be very beneficial to the city; and
Whereas: State mandates on localities are a constant hurdle
to economic development, job creation and self - government.
Too many State mandates have been created without
considering the impact they create on the locality affected;
and
Whereas: It is recognized that current employees who are
presently exempt from city residency would be
grandfathered in and not required to move back into the city;
Now, Therefore, Be It Resolved:
That this Common Council memorialize the New York State
Legislature to pass Assembly Bill Number A.02206, which
would remove the State mandate that prohibits the City of
Buffalo from requiring city residency for its Police Officers,
Firefighters, and Sanitation Workers to better ensure the
future of the City of Buffalo and all its residents; and
Be it Further Resolved:
That this Common Council does hereby memorialize New
York State Governor George Pataki to sign into law, a bill
removing the State mandate that prohibits the City of Buffalo
from requiring residency for its Police, Firefighters, and
Sanitation Workers; and
Be it Finally Resolved:
That the City Clerk send certified copies of this resolution to
the Clerk of the Assembly, the Secretary of the Senate, the
Western New York delegation of the New York State
Legislature, and New York State Governor George Pataki.
ADOPTED
By: Mr. Thompson
NO. 173
Subject: Joint Crime Fighting Initiatives
Whereas: The spring and summer is fast approaching and
during these months there is usually a rise in crime; and
Whereas: Last year, the joint crime task force was effective
in reducing crime in the City of Buffalo; and
Whereas: A similar collaboration of crime fighting infinitives
between county, state and federal will be effective in
stabilizing communities and improving the social fabric of all
communities in the city of Buffalo,
particularly, in the Masten District; and
Whereas: Due to the Cities financial problems, there have
been cuts in special squads, and reduction in overtime to
handle unsolved cases
causing a need of collaborative services with other law
enforcement
agencies outside the Buffalo Police Department; and
Whereas: If the crime fighting shortage is not addressed it
has the possibility of mushrooming into a very serious
problem for the City of Buffalo;
Now Therefore Be It Resolved: The city of Buffalo requests
additional assistance from County, State and Federal law
enforcement agencies for crime fighting initiatives.
REFERRED TO THE SPECIAL COMIITTEE ON POLICE
REORGANIZATION
By: Mr. Thompson
No. 174
Re: Support Current Residency Policy for Board of
Education Employees
Whereas: Buffalo school teachers, administrators, and office
employees provide essential services to the children of the
City of Buffalo; and
Whereas: Municipal employees who live in the communities
in which they work tend to have a greater stake in the
preservation and improvement of their neighborhood and the
entire city; and
Whereas: Residency also increases home ownership and
the tax base, resulting in a better funded school system; and
Whereas: One of the self -help strategies that the Buffalo
Common Council continues to pursue has been encouraging
residency for all city employees; and
Whereas: Currently the Buffalo Board of Education requires
employees hired on or after January 1, 1995 to become
residents of the City of Buffalo, and to maintain residency
within the city throughout their employment by the Board;
and
Whereas: At a time when the City of Buffalo is working hard
to strengthen its own residency laws, the Board of Education
should be reaching out to area colleges and universities to
recruit qualified new teachers who will reside in the
community they choose to work in; and
Whereas: Eliminating or loosening the residency
requirement for new teachers is not the answer to the
reported teaching shortage in the City of Buffalo;
Now, Therefore, Be It Resolved:
That this Common Council supports the current residency
policy of the Buffalo Board of Education which requires all
employees hired after January 1, 1995 to reside within the
City of Buffalo throughout their employment with the Board;
and
Be it Further Resolved:
That certified copies of this resolution be sent to Marion
Canedo, Superintendent of Schools, the members of the
Buffalo Board of Education, to Philip Rumore, President of
the Buffalo Teachers Federation, and to Richard P. Mills,
President of the New York State Education Department.
ADOPT
No. 175
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 Deacon Calvin Martin Day
By Councilmember Pitts , Michaux
Felicitation for Mrs. Louise Bonner
By Councilmember Thompson, Pitts and Michaux
Felicitation for Zettie May Young
By Councilmember Thompson, Pitts and Michaux
Felicitation for Mrs. Elizabeth Triggs
By Councilmember Thompson, Davis, Pitts
Felicitation for Mrs. Nettie Anderson
By Councilmember Thompson, Davis, Pitts
Felicitation for Reverend and Mrs. John T Hilliard
By Councilmember Pitts, Michaux
Felicitation for Meals on Wheels
By Councilmember Pitts, Michaux
ADOPTED.
BY: ANTOINE M. THOMPSON
NO. 176
Appointments
Commissioner of Deeds
That the following persons are hereby appointed as
Commissioner
of Deeds for the term ending December 31, 2002 ,
conditional
upon the person so appointed certifying under oath to their
qualifications and filling same with the City Clerk:.
PHELIX HARRIS
ROBERT J. HARRIS
DARWIN T. PHILLIPS
ADOPTED.
BY: ANTOINE M. THOMPSON
No. 177
Appointments
Commissioners of Deeds
Required for the Proper
Performance of Public Duties
That the following persons are hereby appointed as
Commissioner of Deeds for the term ending, December 31,
2002 conditional upon the persons so appointed certifying
under oath to their qualifications and filing same with the City
PAUL VOLCY Bryant, Carmen E
Cutrona, Charles Grieco, John Jr.
Guadalupe, Enid Herndon, Eric D.
Honan, Robert Jackson, Mary C.
Kozerski, Phillip Larkin, James P.
LoFaso, Ann Marie Mack Latifa
Marciniak, Sandra McKenna, Kirk C.
Michaux, Bruna Quinn, Mary C,
Raimondo, Donna Marie Thompson, Secret
Vaccaro, Carole Walczak, Cynthia
Zloty, Rhonda J.
ADOPTED
No. 178
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held
in the Common Council Chambers, 13th floor City Hall,
Buffalo, New York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, March 26, 2002 at 9:30
o'clock A.M.
Committee on Finance Tuesday, March 26, 2002 at 10:00
o'clock A.M.
following Civil Service
Committee on Legislation Tuesday, March 26, 2002 at 2:00
o'clock P.M.
Committee on Comm. Dev. Wednesday, March 27, 2002 at
10:00 o'clock A.M.
Committee on Education Wednesday, March 27, 2002 at
2:00 o'clock P.M.
Special Committees
Public Hearing - Buffalo Health Services Task Force Tuesday,
March 26, 2002 at 6:00 o'clock P.M. in the Council
Chambers on Children's Hospital.
Special Legislation Committee Mtg. Thursday, March 28,
2002 at 10: 00 o'clock A.M. in Room 1417 City Hall on the
Towing Ordinance.
Special Committee on Streets & Public Service Monday,
April 1, 2002 at 10:00 o'clock A.M. in Room 1417 City Hall.
Mike Powell, City of Baltimore Citistat Office, will present
Citistat on Monday, March 25, 2002 at 1:00 o'clock PM 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. 179
Adjournment
On a motion by Mr. Fontana, Seconded by Mrs. Martino, the
Council adjourned at 4:25 p.m.
BOARD OF POLICE AND FIRE PENSION PROCEEDINGS
#3 OFFICE OF THE MAYOR -201 CITY HALL -11:10 A.M.
MARCH 21, 2002
Present:; Anthony M. Masiello, Mayor; Maurice Garner,
Deputy Comptroller; Mr. VanVessum, Asst. Corp. Counsel 3
Absent: James W. Pitts, Council President
The Journal of the last meeting was approved.
NO. 1
1 transmit herewith the Pension Payroll for the Fire Pension
Fund for the month of March 2002 amounting to $14,847.63
and respectfully request that checks be drawn to the order of
the persons named herein for the amounts stated.
Adopted
Ayes -3. Noes -0.
NO. 2
The following annuitant was cancelled from the Fire Pension
Payroll:
Margaret Burger Died 3/12/02
Received and Filed.
NO. 3
1 transmit herewith the Pension Payroll for the Police
Pension Fund for the month of March 2002 amounting to
$15,417.54 and respectfully request that checks be drawn to
the order of the persons named herein for the amounts
stated.
Adopted.
Ayes -3. Noes -0.
NO. 4
Mr. Garner made a motion to approve the pension
application of Mrs. Ruth Blair effective
3/10/02 made on account of the death of her husband, Mr.
Thomas Blair, who passed away
on 3/9102.
Adopted
Ayes -3. Noes -0.
NO. 5
The following annuitant was cancelled from the Police
Pension Payroll:
Thomas R. Blair Died 3/9102
Received and Filed.
NO. 6
On motion by Mr. VanVessum, the City of Buffalo Police
and Fire Pension Board Meeting
adjourned at 11:20 a.m.