HomeMy WebLinkAbout02-0305No.5
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
March 5, 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 5, 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
(February 19, 2002) were approved.
FROM THE MAYOR
FROM THE MAYOR
NO. 1
APPOINTMENTS OF MEMBERS
TO THE BROADWAY MARKET BOARD OF DIRECTORS
Please be advised that pursuant to the powers vested in me
under the By -Laws between the City of Buffalo and the
Broadway Market Management Corporation (BMMQ— I
hereby re- appoint the following individual to the Broadway
Market Board of Directors:
Peter Cammarata, 1033 Parkside Avenue, Buffalo, 14216
Mr. Cammarata's term of office will expire December 31,
2004.
\I hereby certify that the above named individual are fully
qualified to serve as members of the Broadway Market
Board of Directors.
RECEIVED AND FILED
NO. 2
RE- APPOINTMENT OF MEMBER TO THE APPRAISAL
REVIEW BOARD
Pursuant to the powers vested in me by Section 312, Article
17 of the Charter of the City of Buffalo, I hereby re- appoint
the following individual, subject to confirmation by Your
Honorable Body, for a four year term commencing
immediately and ending December 3 1, 2005:
David H. Schank, 105 Wallace Ave. Buffalo, 14214
1 hereby certify that the above named individual is fully
qualified to serve as a member of the Appraisal Review
Board.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CORPORATION COUNSEL, THE DIVISION OF
COLLECTIONS AND THE COMPTROLLER
NO. 3
NFO- CITY - COUNTY COLLABORATION
February 28, 2002
Please be advised that the following items will be part of our
City- County
1. Short Term
Central Booking - meetings have already started and BNP is
coordinating.
Handicapped Advocacy - discussions have been agreed to.
Purchasing - staffs to agree to meet.
Assessment /Tax Guarantee /Triparty /Auction - staffs will
meet.
Youth - staff has agreed to meet but we are also considering
doing 3 rd party agreements.
Substance Abuse - same as above. We also will look at
outsourcing to 3 rd party contractors.
Youth Court - off table and will set up meeting with NYS
Court Administration to take over.
Animal Shelter /Rodent Control - County not interested
because they are not in this business.
Parks - agreed to meet and discuss all Parks functions.
2. Long Range
Water - ECIDA will submit response to RFP - information
exchange is taking place.
Sewer - we are looking at several options.
MIS - staffs have been meeting.
Law Dept.- no major impact - off table.
3. Venues -
Dunn Tire Park being worked out. There are some problems
that County Exec. And Mayor are trying to resolve.
Sheas, Studio Arena, Kleinhans, Broadway Market, Science
& Historical Museums - we need serious dialogue about a
cultural asset fund, BNP have had discussions and we need
to elevate discussions quickly.
Parking Shuttle - Council is considering cutting back the
400,000 we allocate. Who fills the void? NFTA, County, fee
increase, etc.?
4. Next Steps
PROCEEDINGS
Point People - meeting to make determinations Schedule -
March 15 & April 15 Reports back - April 15 Commitments
If you have any questions, please contact my office.
REFERRED TO THE SPECIAL COMMITTEE ON
REGIONAL GOVERNANCE
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
NO. 4
R. ARCADI & G. D'AMBROSIA
C: 1140 DELAWARE AVE.
HUMAN SERVICE FACILITY
ITEM NO. 76, C.C.P. 2/19/2002
The City Planning Board at its regular meeting held
Tuesday, February 26, 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 convert a mixed use residential and
medical office building into offices for a human service
facility for persons living with the cancer disease. 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
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 5
370 & 372 RILEY STREET ACCEPTANCE AND FILING
WITH AMENDED LONG FORM ENVIRONMENTAL
ASSESSMENT FORM AND DETERMINATION WITH
SIGNIFICANCE
Enclosed for filing please find a Long Form Environmental
Assessment Form regarding the construction of a Tops
Supermarket between Jefferson Avenue and Riley Streets
which has been - amended by the Cover letter of Tops
Markets LLC dated February 27, 2002. The City of Buffalo
was previously the Lead Agency and the Planning Board
previously adopted a negative declaration with regards to the
Project. After consultation with the Law Department we
would suggest that the City of Buffalo would remain as Lead
Agency and the Council review the additional action
proposed herein, which is the acquisition of property
pursuant to the Eminent Domain and Procedure Law, and
subsequent transfer to Tops in furtherance of the original
proposed project. After consultation with the Law
Department, and the Department of Planning it is submitted
that there are no additional significant potential adverse
effects on the environment with regard to the mechanism of
property acquisition, and therefore adoption of the
determinations and findings in the original proposed
"Negative Declaration" would be appropriate.
Therefore, I am requesting that Your Honorable Body accept
and file the Long Form
Environmental Assessment Form as amended, and consider
adopting a Negative Declaration at this time.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 6
370 & 372 RILEY THROUGH EMINENT DOMAIN
370 RILEY, 335'E JEFFERSON LOT SIZE: 30'X 116'
LAND VALUE: TOTAL VALUE:
$ 1,900 $ 8,100
372 RILEY, 365' E. JEFFERSON
VACANT LOT SIZE: 30'X 115'
ASSESSED VALUE: $1,900
The City of Buffalo, Office of Strategic Planning, has been
in the process of acquiring the necessary parcels of land for
the super market project to be located on Jefferson Avenue
between Landon & Riley Streets. All parcels except 370 &
372 Riley have been acquired or are under contract for
purchase.
The parcel at 370 Riley, a two family home, is owned by
David M. Miller. Mr. Miller has abandon the property and all
efforts to locate him have been exhausted.
The parcel at 372 Riley is a vacant lot 30' x 115' and is
owned by the Estate of Charles Perry The property is
abandon and all efforts to locate the heirs of Charles Perry
have been exhausted.
We have been advised by legal counsel that Eminent
Domain Proceedings will be necessary to acquire title to said
properties.
Therefore, I am recommending that Your Honorable Body
approve the acquisition of 370 & 372 Riley through Eminent
Domain and direct the City Clerk to publish the required
notice of public hearing in accordance with Article 2, Section
202 of the Eminent Domain Procedure Law. I am further
recommending that the Common Council authorize the
Corporation Counsel and the Division of Real Estate to take
all necessary steps to acquire the above properties through
Eminent Domain or otherwise.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 7
ACQUIRE PORTION OF 142 PERRY
MICHIGAN AVENUE BRIDGE PROJECT
MAP 1, PARCEL NOS. 1 & 2 - 5,526 SQ. FT.
The Department of Public Works requested the Division of
Real Estate to acquire the necessary parcels of land and
easements for purposes connected with the reconstruction
of Michigan Avenue and the bridge between Seneca and
Exchange Streets. Funds for this project were approved
pursuant to C.C.P. 9/22/98, Item #268.
The above parcel is a portion of 142 Perry, owned by Erie
County Industrial Development Agency. The property is a
surface parking lot. All of which are situated on
approximately 3.082 acres of land. In addition to the taking
of land there is direct damages to improvements. There are
also indirect damages for parking loss of 13 spaces.
Two independent Real Estate Appraisers were
commissioned by the Dept. of Public Works and reviewed by
the City of Buffalo Appraisal Review Board. It is the
recommendation of the Appraisal Review Board that the
following compensation be paid for the parcel:
Direct Damages - Land Value Parcel #1: Direct Damages -
Land Value Parcel #2: Direct Damages - Improvements
Parcel #1: Direct Damages - Improvements Parcel #2:
Indirect Damages - Loss of 13 Parking Spaces Parcel #11:
Sign Relocation: Total Direct & Indirect Damages:
$ 17,000 $ 7,600 $ 6,900 $ 3,875 $ 29,950 2,519 $ 68,000
Rounded Off
In accordance with Eminent Domain Procedure Law an offer
was prepared and forwarded to the owner, Erie County
Industrial Development Agency, in the amount of Sixty -Eight
Thousand Dollars ($68,000.00). The owner has elected to
accept the Sixty -Eight Thousand Dollars ($68,000.00) as an
advance payment, reserving their right to file a claim for
additional compensation.
I am recommending that Your Honorable Body approve the
advance payment of Sixty -Eight Thousand Dollars
($68,000.00) to Erie County Industrial Development Agency.
I am further recommending that the Corporation Counsel
prepare the necessary documents for the acquisition of title
and that the Mayor be authorized to execute the same.
Mrs. LoTempio moved:
That the above communication from the Office of Strategic
Planning, Division of Real Estate, dated March 5, 2002, be
received and filed; and
That the Common Council approve the advance payment of
Sixty -Eight Thousand Dollars ($68,000.00) to Erie County
Industrial Development Agency for the acquisition of a
portion of 142 Perry Street for the reconstruction of Michigan
Avenue and the bridge between Seneca and Exchange
Streets in accordance with Eminent Domain Procedure Law;
and
That the Corporation Counsel be authorized to prepare the
necessary documents for the acquisition of title and that the
Mayor be authorized to execute the same.
PASSED
AYES -13 NOES -0
NO. 8
INCREASING HOMEOWNERSHIP THROUGH
LOAN GUARANTEES
ITEM NO. 134, CC.P. FEBRUARY 19, 2002
The Office of Strategic Planning is currently proposing the
creation of a new housing services delivery system for the
City of Buffalo. As part of the new system, it is expected that
new loan products that leverage bank funding will be
developed and made available to existing home owners and
home buyers. Loan guarantees and interest rate reduction
subsidies are among the strategies under consideration. It is
expected that local lenders, including M & T, Citibank, Fleet
Bank, Key Bank and HSBC, will be interested in participating
in our restructured programs.
The Office of Strategic Planning will work together with the
members of the new housing services delivery system to
ensure that appropriate linkages are established and funds
are leveraged to maximize the resources available to City of
Buffalo households. The Office concurs with the Common
Council in recognizing the benefits of a loan guarantee
program. The Office will endeavor to include such an option
in the new loan product line as part of the long term plan to
increase home ownership opportunities in the City of Buffalo.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 9
IDENTIFYING AREAS FOR LIGHT INDUSTRIAL OFFICE
PARK DEVELOPMENT"
DEVELOPABLE LAND IN THE CITY OF BUFFALO"
.(ITEM NO 171C.C.P.01/22/02):
As part of the on -going effort to develop a "Comprehensive
Plan" (Master Plan) for the City of Buffalo the Office of
Strategic Planning and Buffalo Economic Renaissance Corp.
have been examining industrial and commercial I and -use
patterns. Our purpose has been to identify
industrial /commercial areas that could be expanded though
land acquisition and rezoning, thus creating economic
development areas with clearly define borders. The
operating premise is the creation of industrial /commercial
zones where existing companies could expand and new
businesses locate.
The concentration of industrial /commercial land uses is
around major transportation corridors. Access to these
corridors (rail and motor vehicle transportation routes) is
critical for business expansion and creation. Within these
major areas (see Attached Maps) are a variety of
miscellaneous uses including residential. Many of these
areas are experiencing disinvestments. Buildings are being
abandoned and or under utilized. These blighting influences
combined with incompatible land uses discourage
industrial /commercial investment. The amelioration of those
influences will create development opportunities.
The Office of Strategic Planning and BERC are exploring a
land use policy of land banking for the express purpose of
creating economic development sites. This policy
recommendation in combination with removing conflicting
land uses will allow for the assembly of land over time to
create industrial commercial campuses within identified
priority areas. The first step has been to identify potential
zones for development. Once there is a public policy to
dedicate these and or other areas for commercial
development; land banking through the to foreclosure and
other acquisition methods can begin. The next logical step is
to explore a variety of financing mechanisms to prepare the
infrastructure for private investment. These may include but
are not limited to: Urban Renewal Area designation, Tax
Increment Financing, various Federal and State funding
sources and Brownfield remediation funds. This is
essentially a mid to long -term strategy.
The short -term strategy has been to identify potential
development sites within those identified areas. The
attached site - specific maps are currently being explored for
potential development. The office of Strategic Planning and
The Buffalo Economic Renaissance Corporation will
continue developing industrial/ commercial land use policy
recommendations and will further define short and long -term
strategies within the identified areas.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
Attachments: 7 Zone Maps
11 Site Maps
NO. 10
PERMISSION TO ACCEPT PAYMENT
FROM TOPS
The Office of Strategic Planning and BURA has been
negotiating the terms of a Land Disposition Agreement with
Tops for the supermarket on Jefferson /Riley. Under the
terms of the agreement, the City of Buffalo is responsible for
the acquisition of certain parcels of land for the project. All
parcels have been acquired except 370 -372 Riley. In order
to obtain title to these properties, it will be necessary for
these parcels to be acquired by the City of Buffalo through
eminent domain, since the properties have been abandoned
by the owners. Tops has agreed to reimburse the City for
costs associated with the condemnation such as legal fees
to be paid to the law firm of Hiscock and Barclay, land
acquisition costs, etc,
I therefore respectfully request that your Honorable Body
grant permission to the Comptroller to accept said payments
from Tops to cover the costs associated with the
condemnation.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 11
RESULTS OF NEGOTIATIONS
126 ASH, 180' S GENESEE
VACANT LOT: 30'X 150'
ASSESSED VALUATION:
LAND $ 1,900 IMPROVEMENT 16,400
TOTAL $18,300
The Office of Strategic Planning, Division of Real Estate
has received a request from Mr. Daniel A. Higgins and Mr.
Bruce A. Pagels of EMCOM Industries Inc., 235 Genesee
Street, Buffalo, New York 14204 to purchase the City -owned
building at 126 Ash Street.
The property consists of a 1,200 square foot two family
frame house acquired by the City through foreclosure in
1999, situate on a lot 30' x 150'. The house is in poor
condition. Mr. Higgins and Mr. Pagels own the surrounding
property at 235, 241 and 24S Genesee Street. They plan to
demolish 126 Ash Street, expand and secure their business.
The Office of Strategic Planning and Division of Collections
have no objections to the sale. There are no outstanding
taxes, building code Violations, or other liens owed to the
City of Buffalo by the purchasers.
An independent appraisal of the property was conducted by
Nathaniel Benston of Bronstein Appraisals, 3666 Main
Street, Buffalo, New York 14226. He has estimated the value
of the property to be Six Thousand Dollars ($6,000). The
Division of Real Estate has investigated the sale of similar
buildings in the area. Sales prices range, per square fool: of
building area from Forty -Two cents (.42) to Two Dollars and
Sixty -Two cents ($2.62) a square foot.
The results of our negotiations are that Mr. Higgins and Mr.
Pagels have agreed and are prepared to pay Three
Thousand Four Hundred Dollars
($3,400), Seventy -Five cents (.75) a square foot for the
subject property. They have 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 126 Ash Street to Mr. Daniel A. Higgins and Mr.
Bruce A. Pagels for the amount of Three Thousand Four
Hundred Dollars ($3,400). 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
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM
256 DETROIT (CITY OWNED- VACANT LOT, 29' X 108')
The Office of Strategic Planning has surveyed the
city -owned vacant lot at 256 Detroit Street, Buffalo New York
1,1212, parcel is 29' x 108' in dimension; and it has been
determined that this parcel is inappropriate for either the
construction of new housing or needed for public purposes.
Ms. Mollie R. Hatten residing at 258 Detroit Street, Buffalo,
New York 14212, indicated she will clean, improve and
maintain the lot in the event she obtains title to the property
under the Urban Homestead Program.
The Division of Inspections and Division of Collections have
been contacted. There are no property code violations, taxes
or other liens owed to the City of Buffalo by the
homesteader.
We, therefore, recommend the city -owned vacant lot to be
designated as a Homestead Property and be transferred to
Ms. Mollie R. Hatten on the condition that the property is
cleaned and improved within (6) months and maintained in a
sanitary manner.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 13
TRANSFER OF TITLE, URBAN HOMESTEAD PRO GRAM
411 FULTON STREET (CITY OWNED- VACANT LOT,
30' X 15 1')
The Office of Strategic Planning has surveyed the
city -owned vacant lot at 411 Fulton Street, Buffalo, New York
142 10, parcel is 30' x 15 1' in dimension; and it has been
determined that this parcel is inappropriate for either the
construction of new housing or needed for public purposes.
Mrs. Shirley Bryant residing at 415 Fulton Street, Buffalo,
New York 142 10 indicated that she will clean, improve and
maintain the lot in the event she obtains title to the property
under the Urban Homestead Program.
The Division of Inspections and Division of Collections have
been contacted. There are no property code violations, taxes
or other liens owed to the City of Buffalo by the
homesteader.
We, therefore, recommend the city -owned vacant lot to be
designated as a Homestead Property and be transferred to
Mrs. Shirley Bryant on the condition that the property is
cleaned and improved within (6) months and maintained in a
sanitary manner.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 14
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM
895 NORTHAMPTON (CITY OWNED VACANT LOT)
LOT SIZE: 3 V X 120'
901 NORTHAMPTON (CITY OWNED VACANT LOT)
LOT SIZE: 32'X 120'
The Office of Strategic Planning has surveyed the
city -owned vacant lot at 895 Northampton, Buffalo, New
York 14211, the parcel being 3 V x 120' and the city -owned
vacant lot at 901 Northampton, the parcel being 32' x 120'.
These parcels are not needed for public purposes.
Ms. Tvladalyn Mcllwain residing at 899 Northampton,
Buffalo, New York 14211, indicated she will clean, improve
and maintain 895 and 901 Northampton in the event she
obtains title to the properties under the Urban Homestead
Program.
The Division of Inspections and Division of Collections have
been contacted. There are no property code violations, taxes
or other liens owed to the City of Buffalo by the
homesteader.
We, therefore, recommend the city -owned vacant lots to be
designated as a Homestead Properties and be transferred to
Ms. Madlyn Mcllwain on the condition that the properties are
cleaned and improved within (6) months and maintained in a
sanitary manner.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 15
TRANSFER OF TITLE, URBAN HOMESTEAD
PROGRAM
1064 SMITH STREET (CITY OWNED- VACANT
LOT, 30' X 105')
The Office of Strategic Planning has surveyed the
city -owned vacant lot at 1064 Smith Street, Buffalo New
York 14212, parcel is 30' x 105' 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. John W. Curry residing at 1060 Smith Street, Buffalo,
New York 14212, indicated he will clean, improve and
maintain the lot in the event he obtains title to the property
under the Urban Homestead Program.
The Division of Inspections and Division of Collections have
been contacted. There are no property code violations, taxes
or other liens owed to the City of Buffalo by the
homesteader.
We, therefore, recommend the city -owned vacant lot to be
designated as a Homestead Property and be transferred to
Mr. John W. Curry on the condition that the property is
cleaned and improved within (6) months and maintained in a
sanitary manner.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 16
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM
68 SOBIESKI (CITY OWNED VACANT LOT)
LOT SIZE: 30'X 94'
70 SOBIESKI (CITY OWNED VACANT LOT)
LOT SIZE: 30'X 94'
The Office of Strategic Planning has surveyed the
city -owned vacant lots at 68 & 70 Sobieski, Buffalo, New
York 14212, each parcel is 30' x 94' in dimension. These
parcels are not needed for public purposes.
Mr. Edward J. Kubasiak residing at 66 Sobieski Street,
Buffalo, New York 14212, indicated he will clean, improve
and maintain the lots in the event he obtains title to the
properties under the Urban Homestead Program.
The Division of Inspections and Division of Collections have
been contacted. There are no property code violations, taxes
or other liens owed to the City of Buffalo by the
homesteader.
We, therefore, recommend the city -owned vacant lots to be
designated as Homestead Properties and be transferred to
Mr. Edward J. Kubasiak on the condition that the properties
are cleaned and improved within (6) months and maintained
in a sanitary manner.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
FROM THE COMPTROLLER
NO. 17
ADDITIONAL INFORMATION ON
FEDERAL FINANCIAL ASSISTANCE
This is to advise that a copy of the single audit of Federal,
state and local financial assistance programs received by the
City of Buffalo for the fiscal year ending June 30, 2000 has
been delivered to each Councilmember, the Common
Council Chief of Staff, the City Clerk, the Mayor and the
Budget Office.
The City of Buffalo Primary Government single audit was
completed and filed as required by March 31, 2001. The
Buffalo Urban Renewal Agency single audit for the fiscal
year ending June 2000 has just been completed which
delayed issuing the consolidated single audit for the City of
Buffalo until this time.
The compilation of the Single Audit for 2001 is near
completion and we expect it will be available for distribution
by March 31, 2002.
Pursuant to amendments of Section 35 of the General
Municipal Law, which took effect January 1, 1989, Your
Honorable Body may, in its discretion, provide to the State
Comptroller and file with the City Clerk a written response to
the findings and recommendations in this report no later than
ninety days after its receipt, or May 20, 2002.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 18
AUDITED FINANCIAL STATEMENTS OF
BUFFALO WATER BOARD
FOR YEARS ENDED JUNE 30, 2001 AND 2000
WITH REPORT OF INDEPENDENT AUDITORS
This is to advise that copies of the Audited Financial
Statements and Other Financial Information of the Buffalo
Municipal Water Finance Authority for the years ended June
30, 2001 and 2000 with Report of Independent Auditors,
Ernst & Young, LLP, have been distributed to members of
the Buffalo Water Board, each Councilmember, the City
Clerk, the Mayor, the Comptroller, the Division of Accounting
and the Budget Office.
This report is available as a public record for inspection by
all interested parties.
Pursuant to Section 35 of the General Municipal Law, the
Common Council of the City of Buffalo may, at its discretion,
prepare a written response to the report of external audit and
file such response with the City Clerk as a public record for
inspection by all interested persons.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
COMMISSIONER OF PUBLIC WORKS
NO. 19
AUDITED FINANCIAL STATEMENTS AND
OTHER FINANCIAL INFORMATION -
CITY OF BUFFALO ENTERPRISE FUND
DUNN TIRE PARK
This is to advise that copies of the Audited Financial
Statements and Other Financial Information of the City of
Buffalo Enterprise Fund - Dunn Tire Park for the period
ended
March 31, 2001 and 2000 with Report of Independent
Auditors has been delivered to each to Councilmember, the
Common Council Chief of Staff, the City Clerk, the Mayor
and the Budget Office.
This report is available as a public record for inspection by
all interested parties.
Pursuant to Section 35 of the General Municipal Law, the
Common Council of the City of Buffalo may, at its discretion,
prepare a written response to the report of external audit and
file such response with the City Clerk as a public record for
inspection by all interested persons.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 20
AUDITED FINANCIAL STATEMENTS OF
BUFFALO MUNICIPAL WATER FINANCE
AUTHORITY
FOR YEARS ENDED JUNE 30, 2001 AND 2000
WITH REPORT OF INDEPENDENT AUDITORS
This is to advise that copies of the Audited Financial
Statements and Other Financial Information of the Buffalo
Municipal Water Finance Authority for the years ended June
30, 2001 and 2000 with Report of Independent Auditors,
Ernst & Young, LLP, have been distributed to members of
the Buffalo Water Board, each Councilmember, the City
Clerk, the Mayor, the Comptroller, the Division of Accounting
and the Budget Office.
This report is available as a public record for inspection by
all interested parties.
Pursuant to Section 35 of the General Municipal Law, the
Common Council of the City of Buffalo may, at its discretion,
prepare a written response to the report of external audit and
file such response with the City Clerk as a public record for
inspection by all interested persons.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
COMMISSIONER OF PUBLIC WORKS
NO. 21
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
DEPARTMENT OF POLICE
We, Anthony M. Masiello, Mayor and Anthony R. Nanula,
Comptroller, do hereby certify pursuant to §20 -11 of the
Charter, that an increase in the sum of $18,000 in the
estimate for the fiscal year beginning July 1, 2001 is
necessary in Appropriation Allotments for the Department of
Police - Office of the Commissioner - Printing and Binding, to
meet a contingency which could not have been reasonably
foreseen when the budget was adopted. The amount of
increased appropriations will be met from an increase of
$18,000 in the General City Revenue account Org & Obj #
10200030 - 3614000 - Deposit of Unclaimed Property not
otherwise appropriated for any other purpose. The details of
the requirements are set forth below:
To:
12000006 - 364000- Office of the Commissioner - Printing
& Binding $18,000
Dated: Buffalo, NY, February 7, 2002
RECEIVED AND FILED
NO. 22
FOLLOW UP ON PERMITS AND LICENSES AUDITS
ITEM NO. 30, C.C.P. 6/26/01
ITEM NO. 12, CCP 2/6/01
The audit revealed control problems and performance
shortfalls. A request for resolution was sent in
mid - December, and a follow -up in early February. No reply
has been received.
The subsidiary Pen -nit and License systems do not interface
with the General Ledger. This necessitates a re -entry of all
transactions to the Treasury / General Ledger. The systems
were compared for the fiscal year and the Pen -nit System
was out of balance by $24,000.
There is no assurance that pen -nits issued and monies
collected are equal. This situation needs to change. It did in
Licenses where a daily reconciliation prevents differences.
Is there any process to integrate the systems9 There are
some attempts, but we have not received any updates.
The performance issues centered on Bingo Inspections. The
revenues in the current fiscal year were 50% of the previous
year's revenues. In the same period, Bingo inspectors
increased from two to four.
During the Council hearings, the department management
suggested that they might reassign some inspectors to Deli
reviews or elsewhere.
No replies were submitted to this office.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
COMMISSIONER OF PERMITS AND INSPECTIONS
NO. 23
REPORT OF AUDIT
DEPARTMENT OF FIRE
PAYMENTS PURSUANT TO GENERAL
MUNICIPAL LAW 207 -A (2)
In response to the directive requiring the Comptroller to file
audit reports with the Common Council, I hereby submit
copies of the Report of Audit of the Department of Fire
Payments Pursuant to General Municipal Law 207 -a (2).
Objective: We performed an examination of supplemental
payments to retired firefighters to determine if these
payments are properly authorized and calculated accurately.
Incorrect data in the payroll processing system led to a net
overpayment of $19,068 during the fiscal year.
Lack of criteria to establish eligibility for supplemental
payments permitted payments to retirees beyond the intent
of the law.
Retirees past the mandatory retirement age were over paid
more than $400,000
Fire: Department Response to the Audit
REFERRED TO THE COMMITTEE ON FINANCE, THE
COMMISSIONER OF FIRE, THE CORPORATION
COUNSE AND THE COMMISSIONER OF HUMAN
RESOURCES
NO. 24
GENERAL FUND GAP SHEET
I have reviewed the Second Quarter (200 1 -2002)
General Fund Gap Sheet submitted to Your Honorable Body
by the Department of Administration and Finance. In that
regard, I am offering the following observations:
There is good news, namely savings of $3.118 million from
the first quarter and $5.648 million from budget. Also,
according to the budget office gap sheet, revenue is up
$5.465 million from the first quarter. But while the size of our
projected gap has been reduced from $15.068 million in the
first quarter to $8.96 million, it nonetheless remains a major
concern. In maintaining our credit rating recently, Moody's
Investors Service noted that the city had reported various
initiatives underway to ensure balanced operations at
year -end. That city commitment to balancing operations
helped convince Moody's to maintain Our credit standing,
potentially saving millions of dollars in future borrowing costs
and continuing investor confidence In Our bond offerings.
The city must live up to that commitment. We Must take the
necessary steps, as tough and difficult as they may be, to
close the deficit for the current year and begin the stiff task
of dealing with a projected deficit of $20.657 million for Fiscal
Year 2002 -2003.
1 would also like to use this occasion to renew my
recommendation for the establishment of a bud, -et
stabilization fund. The administration has elected to use $2.7
million of the $9.7 million unreserved, undesignated fund
balance to help close the current deficit and $7 million for
next year's operations. My view is that we must find the
ability to establish a stabilization fund to help send the
appropriate signals to the Wall Street credit rating agencies
that we have a reserve at hand to meet unexpected
contingencies in the future.
In the matter of cash flow, we are currently $10.5 million
(combined city - schools) ahead of early projections, the result
of reduced expenditures and increased sales tax revenue.
But cash flow is highly vulnerable to timing, issues, namely
the arrival of education aid, spin -up and revenue - sharing
dollars. We must continue to push Albany hard to receive
our $19 million in spin -up money for this fiscal year IN this
fiscal year, and not in December. The administration is also
well advised to press for the continued delivery of state
revenue sharing dollars (about $48 million) in November and
not later in the calendar year, in March. The administration
has proposed a number of actions, including the sale of
assets, to improve cash flow and we strongly encourage
Pursuit of those
options in light of the very thin cash flow we have
experienced during the recent fiscal crisis.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 25
SALE OF BUILDINGS TO BURA
ITEM NO. 12, C.C.P. 2/19/02
We reviewed the sale proposal of buildings in the 800
block of Main Street to the Buffalo Urban Renewal Agency
(BURA) for $767,500.
The value of the properties was determined by reference to
the assessed valuation placed on these properties
previously taken in -rem.
Appraisals are needed to determine the "fair value" of the
properties. These! need to be requested prior to the
consummation of the transaction from the City's perspective.
The "related parties" need to display the same level of
scrutiny as any third party transaction. If the properties are in
fact worth more than the assessed values it might represent
a cc gift of public funds" as these pass to BURA and then a
third party. If appraised at a lower amount, it might result in a
drain on the block grant,
In addition to the issues from the City viewpoint, the Buffalo
Urban Renewal Agency is also subject to similar regulations
stemming from the HUD rules.
HUD's requirements (see excerpts) also require appraisals.
The HUD regulations include issues concerned with intent,
urban renewal area rules, and risks to the block grant for
future potential losses or transfer /sale to developers, etc.
The 800 block is outside of the Theatre District and also
outside of the Medical Corridor. It would represent a new
initiative not yet publicly enunciated. It is not, as an example,
part of the annual Block Grant plans. BURA would need to
approve this sale.
A further concern is the Tri -Party Agreement between the
City, the Buffalo Sewer Authority, and the County which
requires dividing profits on sales of in -rem property among
the three entities.
Until these issues and approvals are resolved, the
transaction should be held in abeyance.
Any assistance we can provide, we will.
REFERRED To THE COMMITTEE ON FINANCE, THE
CORPORATION COUNSEL AND THE BUFFALO URBAN
RENEWALAGENCY
FROM THE PRESIDENT OF THE COUNCIL
NO. 26
REQ. FOR QUALIFICATIONS PROG. PACKAGING DEV.
SERVICES PROVIDES
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 for Program Packaging and
Development Services Provider. We wish the Joint Schools
Construction Board and the Board of Education every
success as you move forward with this program so vital to
both the education of the children, and the revitalization of
communities 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 are aware, we are a minority business
enterprise. With an active office in the City of Buffalo for the
past two years, we have developed business mentoring
relationships with MBE and WBE firms that with us are eager
to participate in the school construction program.
Consequently, we may be of significant assistance to the
Board in achieving MBE and WBE participation goals for the
work.
If we can assist in any meaningful way, please do not
hesitate to contact me personally it 415/202 -7620 ext. 216,
or the General Manager of our Buffalo office, Winton "Skip"
Pittman, at 716/834 -7511.
Again, it was a pleasure to have had the opportunity to
present our qualifications.
REFERRED TO THE MINORITY BUSINESS ENTERPRISE
CONMMITTEE, THE JOINT SCHOOLS CONSTRUCTION
BOARD AND THE BOARD OF EDUCATION
NO. 27
Appointments to the Buffalo Health Services Task Force
I am, appointing a new Special Common Council Committee
named the Buffalo Health Services Task Force.
The purpose of this new committee is to review and provide
input into the present policy and community debate involving
Kaleida Health and the future of Children's Hospital.
Additionally, this Task Force will determine the City of
Buffalo's role in Erie County's proposed transfer of the
operations of the Erie County Medical Center to a Public
Benefit Corporation. The City may have to approve this
arrangement based upon a 1946 agreement, which
transferred the ownership of the land and then E.J. Meyer
Memorial Hospital to the County of Erie.
Both of these issues will have tremendous impacts upon the
provision of health care and services within the City of
Buffalo. The Task Force will not only provide for city input
into the resolution of these issues, it will also provide
opportunities for public discussion and participation.
If necessary the Task Force's membership may be
expanded to include Community Representatives.
The new Buffalo Health Services Task Force will replace the
old Universal Care Health Care Committee. The following
Council Members are being appointed:
RECEIVED AND FILED
NO. 28
M.KRENTZ — COMPLAINTS ADELPHIA RATE INCREASE
Attached letter available for review in the City Clerk's Office
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS
No. 29
Info Purchase of Asbury Delaware Methodist Church
On behalf of our client, Righteous Babe Records, Inc.
(hereafter "RB ") we respectfully request an extension of the
designation of RB as redeveloper of the Asbury - Delaware
Methodist Church property for a periods of approximately
four (4) months from February 25 2002.
Our letter to you of October 2,2001 (copy enclosed) was
followed by favorable action by the Buffalo Urban Renewal
Agency set forth in Commissioner Ryan's letter to the Buffalo
Urban Renewal Agency dated October 19,2001 (copy
enclosed). Since that date Righteous Babe has undertaken
repairs to the roof and exterior to the Church in the amount
of $60,000.00 all of which has received the prior and
subsequent approval by Mr. Giambra as Commissioner of
Public Works.
In the interim it appeared that the City of Buffalo, for financial
reasons was unable to embark on the repairs to the exterior
of the Church, which would permit RB to occupy the
premises by the Fall of the current year. Without such
assurance, RB would be expending hundreds of thousands
of dollars for plans and specifications to be used by the City
in the exterior restoration of the Church as well as the plans
for the office space and sanctuary as performance space to
be undertaken by RB.
The City's financial crisis has placed a great burden on all
departments to manage their resources most effectively and
the Common Council has actively participated in the
commitments to be made by the City in regard to all pending
projects. In this regard, Scot Fishers, President of RB
undersigned appeared before the Economic Development
Committee of the Common Council to explain the status of
the current project and the need to review the City's
commitment. That meeting took place on January 30, 3002.
It is my understanding that the Committee was unanimous in
its approval of the project; and that there was affirmation of
the plans of RB and the City in the preservation and adaptive
reuse of the Church as a major economic development
project.
Having received the commitment of the Mayor and
Commissioner Ryan, RB has had its architects and contracts
prepare plans and specifications for the exterior restoration
of the Church and the build out of the interior space for office
and performance facilities. These should be completed
shortly. The additional time requested is necessary for the
plans and specifications of the exterior of the Church to be
finalized and submitted to the City for its review and approval
and use in preparing bid documents. There must be a clear
understanding of the work that will be required to enable a
Certificate of occupancy to be issued by the Fall of this year,
based on the combined work by the City on the exterior of
the building and RB's obligation to construct the interior
space.
We believe that we are on a clear path to having the building
occupied by the Fall of 2002. Due to the combined efforts of
the City and Righteous Babe Records, Inc. as Redeveloper.
The granting of the extension will enable us to complete al
plans for use as bidding documents and to finalize the
Contract with the City, defining the obligations of the
respective parties.
We look forward to your favorable response to this request
and will promptly respond to any questions you or your staff
may have.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 30
INFO — 8 WHITNEY PL
It has come to the attention of this office that construction
work, which was mutually agreed upon during a meeting
between you, Louis Barnas and myself on October 29, 2001,
has not yet been performed.
Please be advised that all mutually agreed upon work must
be completed by April 1, 2002, failure to do so will result in a
hearing on the status of your City of Buffalo contractor's
license. The following items must be completed:
1. Completely paint. all upper exterior bare wood.
2. Repair damaged rubber roof above store.
3. Repair and make weather -tight areas worked on by
Aqueduct (holes, openings etc.).
4. Replace missing or damaged shingles on third floor.
Additionally, provide proof of purchase to this office of "Atlas"
brand, architectural style shingle and to repair said shingle
by May 1, 2002.
Most work can be performed from the exterior, contact Louis
Barnas at 855 -0510 to Make arrangements to perform any
necessary interior work. If you have any questions
concerning this matter, please contact this office at
851 -4078.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT AND THE COMMISSIONER OF PERMITS
AND INSPECTIONS
FROM THE COMMISSIONER OF ASSESSMENT AND
TAXATION
No. 31
Certificate of Appointment
Appointment Effective: February 27, 2002 in the Department
of Assessment and Taxation to the Position of Associate Tax
Clerk
Temporary Appointment at the Intermediate: Starting Salary
of: $32,269 Secret Thompson 49 Highgate Avenue Buffalo,
NY 14214
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF PUBLIC WORKS,
PARKS AND STREETS
NO. 32
Notification Serial #9390
Install No Parking
on Phelps Street, north side
between Fillmore Avenue
and a point 305' west therefrom
NO PARKING - INSTALL
In conformity with Section 49 of Chapter 479 of tile
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 all item business.
That part Of Subdivision 24 Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding
thereto the, following: NO PARKING
PROHIBITED PORTION OF HIGHWAY PROHIBITED
PERIOD
Phelps Street, north side At all times
between Fillmore Avenue
and a point 305' west therefrom
This action is being taken to assist with the ingress and
egress of delivery trucks for U -C Coatings Corporation.
Notification Serial 9391
Install No Parking
on Phelps Street, south side
between Halbert Street
and a point 335' east therefrom
NO 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 24 Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding
thereto the following: NO PARKING
PROHIBITED PORTION OF HIGHWAY PROHIBITED
PERIOD
Phelps Street, south side At all
times
between Halbert Street
and a point 335' east therefrom
This action is being taken to match existing on- street parking
conditions.
RECEIVED AND FILED
NO. 33
Report of Bids
Front Park Improvements
I have previously requested and received permission to take
bids for the above project, Item 32, CCP 7/10/01. 1
advertised on January 31, 2002, and have received the
following bids for the construction of the Front Park
Improvements, which were publicly opened and read on
February 21, 2002.
CONTRACTOR
BASE BID
Thomann Asphalt Paving Corp.
56 Gunnville Road
$38,720
Lancaster, New York 14086
American Paving & Excavation, Inc.
5880 Thompson Road
$45,845
Clarence Center, New York 14032
L.D.C. Construction
1920 Baseline Road
$47,325
Grand Island, New York 14072
Gleason's Nursery Inc.
4780 Sheridan Drive
$47,847
Williamsville, New York 14221
Visone Construction, Inc.
66 Sheldon Avenue
$49,500
Depew, New York 14043
Greenauer Development
P.O. Box 250
$56,800
Springbrook, New York 14140
Titan Development
8534 Seaman Road
$63,935
Gasport, New York 14067
Scottlawn Yard, Inc.
5552 Townline Road
$72,720
Sanborn, New York 14132
Sicar Inc.
1128 Jamison Road
$73,804
Elma, New York 14059
Designer's Estimate
$56,000
1 hearby certify the foregoing is a true and correct statement,
of the bids received and that Thomann Asphalt Paving
Corp., 56 Gunnville Road, Lancaster, New York 14086 is the
lowest responsible bidder in accordance with the plans &
specifications, in the amount of $38,720.
1 request that Your Honorable Body authorize the
Commissioner of Public Works Parks & Streets to order the
work on the basis of the low bid. Funds for this work are
available in Bond Fund Account No. 36400706.
Mrs. LoTempio Moved: That the above communication from
the Commissioner of Public Works, Parks and Streets dated
February 21, 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
Front Park Improvements, to Thomann Asphalt Paving
Corp., the lowest responsible bidder, in the amount of
$38,720. Funds for the project are available in Bond Fund
Account No. 36400706.
Passed.
AYES -13- NOES -0
No. 34
Report of Bids
Resurfacing of City Pavements — 2002
Group # 589
This is to advise your Honorable Body that I have advertised
and received bids for the Resurfacing of City Pavements -
2002, Group #589.
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
Destro & Brothers Co., Inc. $678,505.00
$746,355.50
411 Ludington Street, Buffalo, NY 14206
E & R General Construction, Inc. $685,895.00
$754,484.50
38 Saint Davids Drive, West Seneca, NY 14224
Amherst Paving, Inc. $690,995.00
$760,094.50
330 Meyer Road, Buffalo, NY 14226
Omer Construction $747,895.00
$822,684.50
621 Aero Drive, Buffalo, NY 14225
1 hereby certify that the lowest responsible bidder for the
above project is Destro & Brothers Co., Inc. I respectfully
recommend that your Honorable Body authorize a contract
award in the amount of $746,3 -55.50 ($678,505.00 Base Bid
+ 10% unit price increase $67,850.50 = Total Award
$746,355.50 Funds f6r this work are in Capital Project
Account #30032106. The engineer's estimate for this work is
$750,000.00. Attached is a tentative paving list of candidate
streets by Councilmatic District.
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 24, 2002.
Individual bid submissions are available in our office for
inspection and copies are available upon request.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 35
Change in Contract
Machnica Community Center
Construction
Plumbing Work
I hereby submit to Your Honorable Body the following
changes for the Machnica Community Center, Construction,
Plumbing Work, Elmwood Plumbing, Inc., C #91984300.
1. Delete the trench drain, catch basin and piping at the
south end of parking area. Deduct
$3,081.25
The foregoing change results in a net decrease in the
contract of Three Thousand Eighty One and 25/100 Dollars
($3,081.25).
Summary:
Current Contract Amount $
249,204.59
Amount of This Change Order ( #2) Deduct $
3,081.25
Revised Contract Amount $
246,123.34
Costs have been reviewed by the Consulting Architect
(Barton, Hovey, Nardini & Tries Architects) and the
Department of Public Works, Parks & Streets and were
found to be fair and equitable. Funds for this work are to be
credited to CPF 35321106 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 February 23, 2002,
be received and filed; and
That the Commissioner of Public Works, Parks and Streets
be, and he hereby is authorized to issue change order No. 2,
to Elmwood Plumbing, Inc., a decrease in the amount of
$3,081.25, as more fully described in the above
communication, for work relating to Machnica Community
Center, Construction, Plumbing Work, C #91984300. Funds
for this project are to be credited to CPF35321106 445 100 -
Division of Buildings.
Passed
AYES -13- NOES -0
No. 36
Change in Contract
Tosh Collins Community Ctr
Senior /Teen Centers
Sprinkler Work
I hereby submit to Your Honorable Body the following
changes for the Tosh Collins Community Center,
Senior /Teen Center, Sprinkler Work, Davis Ulmer Sprinkler
Co., Inc., C #9:2010331.
1. Expand fire protection system. Add $
586.00
The foregoing change results in a net increase in the
contract of Five Hundred Eighty Six and 00/100 Dollars
($586.00).
Summary:
Current Contract Amount
$31,427.40
Amount of This Change Order ( #3) Add
$ 586.00
Revised Contract Amount
$32,013.40
Costs have been reviewed by the Consulting Architect
(Barton, Hovey, Nardini & Tries Architects) 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 February 22, 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 Davis Ulmer Sprinkler Co., Inc., an increase in the amount
of $586.00, as more fully described in the above
communication, for work relating to Tosh Collins Community
Center, Senior /Teen Center, Sprinkler Work, C 49201033 1.
Funds for this project are available in CPF 35320706 445
100 - Division of Buildings.
Passed
AYES - 13 - NOES — 0
No. 37
Closing Ladder 11
Item No. 133, CCP 02/19/00
Attached is a Needs Assessment and Cost Estimate Report
from a licensed professional engineer about Ladder 11, 636
Fillmore Avenue. As noted, it is the engineer's opinion that
the floor slab has outlived its useful life and should not be
used by vehicles. The cost to do this work ranges from
$79,000 to $89,000 depending on the selected option.
Additionally, the report identified approximately $195,000 in
other work that should be done to the building.
Public Works is attempting to find funding for this work and
we will keep the Council informed.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 38
DIFFERENCE IN PAY T. CEGIELSKI
APPROVAL TO SUBMIT A SUPPLEMENTAL
FOR PAYMENT OF A SUM EQUAL TO THE
DIFFERENCE BETWEEN WAGES AND COMPENSATION
Mr. Thomas Cegielski, Caulker (Permanent) in the Division
of Water has been on disability from 1/4/02 to the present.
Pursuant to the City Ordinance, Chapter 35, Article VI,
Section 22, each employee is entitled to a difference in pay
allowance under t provisions of the Worker's Compensation
Law for a period not to exceed 6 months.
Therefore, Mr. Cegielski is entitled to a difference in pay.
The normal salary for 10 working days if $1,306.12 (based
on a daily rate of
$130. 61) Less deductions for Federal Tax - $198.62; State
Tax $65.83; FICA /Med. - $99.92 and New York State
Retirement System contribution of $39.18 for a total
deductions of $403.55. The payment from the Compensation
Carrier is $800.00 bi- weekly making the difference due the
employee of $102.57 bi- weekly.
Mrs. LoTempio Moved.
That the above communication from the Commissioner of
Public Works, Parks and Streets dated February 25, 2002 be
received and filed, and
That the Comptroller be, and he hereby is authorized to pay
Thomas Cegielski, Caulker in the Division of Water in the
amount of $102.57 bi- weekly for difference in pay allowance
under the provisions of the Workers' Compensation Law
from 1/4/02 to the present for a period not to exceed six (6)
months.
Passed
AYES -13- NOES -0
No. 39
J. Golombek - A. Barrett
& Others Crowley
Avenue Petitions.
(Item No. 111, C.C.P.(6/26/01)
Your honorable Body has requested a status update on the
new backstop extension and netting which has been
contracted to be erected at the baseball diamond in
Riverside Park near Crowley Avenue. The posts for the new
backstop extension have been erected and the extension will
be completed by March 15, 2002. The netting has been
ordered and will be installed by April 1, 2002.
Please understand that the above schedule could be altered
by extreme weather or site conditions. We do not wish to
damage the baseball diamond grassed areas with
construction vehicles. This schedule also allows for
completion prior to the start of the local spring baseball
season.
Upon completion of the new backstop extension and netting
we will monitor the situation with the community and District
Council Member, to insure that it is functioning as designed.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 40
Structural Concerns -
Augspurger Parking Ramp
Item #2 of 2/19/02
This is in response to a request from Council Staff for our
department to file information regarding the structural
condition of the Augspurger Parking Ramp.
Please! be advised the ramp is not a structure under our
department's jurisdiction. To our knowledge ownership,
operation and maintenance are the responsibility of the
Parking Board.
REFERRED TO THE COMMITTEE ON FINANCE
a :IQ LVi& I.I =11115K6Lrihril IQ 0 1 I4:ZO] a y I N ;I
NO. 41
Emergency Closing - Ladder 11
Be advised that I was notified by a letter dated
February 6, 2002 from the Department of Permits and
Inspection Services regarding the status of the apparatus
floor of Ladder 11 located at 636 Fillmore Avenue (see
attached).
Upon being notified, I immediately relocated Ladder 11 to
Broadway and Monroe as a precaution. Moving Ladder 11 to
this location kept this company within their district and has
not affected their response time or jeopardized fire protection
to the citizens.
This temporary relocation was done for the safety of the
firefighters until a final report is obtained from Public Works.
When a final report is received outlining the structural
condition of the apparatus floor, I will immediately confer with
the appropriate departments to discuss the proper course of
action and notify Your Honorable Body at once.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 42
Fire Company Rotation 01/25 — 01/31/02
Per your request, attached are the response times survey's
which show the effects of the temporary closings and
manpower reports for January 25 - January 31, 2002.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 43
Pipeline within ROW - Bailey Avenue
Item #23 CCP Feb. 5, 2002
Be advised that the Fire Department concerns are as
follows:
- Robert Stasio, Chief of Fire Prevention is to be notified as
to start and finish dates of project.
- Site drawing of project must be provided to the Chief of Fire
Prevention.
- Per New York State Fire Prevention and Building Code, a
letter must be provided indicating that installation will meet
the requirements of NFPA 30 Flammable and Combustible
Liquids Code Chapter 3 3 -6, 3 -7, 3 -7,3, 3 -7.1 and 3 -7.2,
Chapter 2 2 -4.3.
- Provide the name of project contractor and phone number,
along with a 24 hour emergency phone number /contact.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE COMMISSIONER OF PUBLIC WORKS
NO. 44
QUINT /MIDI
Per your recent request, attached are:
The number of apparatus needed and their cost.
The approximate cost for equipping the quint /midi
Approximate cost to renovate existing fire houses to
accommodate the quints.
The cost and approximate time frame to plan and train the
entire department in the quint/midi firefighting concept.
Respectfully submitted,
TRAINING BUREAU
The training implications for implementing a quint /midi
system in the Buffalo Fire Department are enormous. Our
experience with the introduction of Large Diameter Hose
(LDH) teaches us that anything less than a systematic and
thorough training plan invites dire consequences. A
quint /midi startup makes the introduction of LDH pale in
comparison; this time we are not just introducing new
equipment into a firmly established firefighting system. With
quint /midi we would be scrapping the way we have
conducted business for decades for an entirely new system.
The first step in establishing a quint /midi standard in the
Buffalo Fire Department Would be through the utilization of
the departments Division and Line Chief Officers. With input
from Chief of Safety and Chief of Training. Rochester's
system could be used as a template, but the Buffalo
quint /midi system would of necessity reflect and address the
specific problems and unique challenges we face in Buffalo.
The estimated preparation and planning time - 2 months. <
Development of lesson plan and standard operational
procedures - 3 months. < Instituting training - 30 months <
Total time - 35 months.
The Commissioner recommends the addition of four
Lieutenants to the Training Bureau staff for this project.
ESTIMATED COSTS:
Four additional training Lieutenants - @ $56,560
$226,420.00
Overtime estimates six training Lieutenants - 9 hrs per week
$396.64 $123,751.68
Overtime one Captain - 9 hrs per week 415.71 21,616.92
Overtime one Chief - 9 hrs per week 451.36 23,470.72
TOTAL PER YEAR $395,259.32
30 month estimate $988,143.31
REFERRED TO THE COMMITTEE ON BUDGET
NO. 45
RETURN FROM
LEAVE OF ABSENCE
MICHAEL MITCHELL
Be advised that Lt. Michael Mitchell will be returned to the
fire department: payroll as of March 4, 2002, from his unpaid
military leave of absence.
RECEIVED AND FILED
NO. 46
CERTIFICATE OF APPOINTMENT
Appointment effective: March 4, 2002 In the department of
Fire
To the position of Fire Lieutenant, permanent promotion at
the flat
Starting salary of: $53,314
Scott Skinner, 3689 Briarwood Court, Hamburg, 14075
Franklin Humphrey, 59 Empress, Amherst, NY 14226
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 47
CERTIFICATE OF APPOINTMENT
Appointment effective: March 4, 2002 In the department of
Fire
To the position of Fire Lieutenant, Contingent permanent
promotion at the flat Starting salary of: $53,314
Chris Whitmer, 189 Stonleigh, Tonawanda, 14223
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 48
CERTIFICATE OF APPOINTMENT
Appointment effective: March 2, 2002 in the Department of
Fire
To the Position of Battalion Chief Permanent appointment
at the FLAT Starting salary of $64,801
Daniel Kunz, 8355 Holly Hill, Eden, NY 14057
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 49
CERTIFICATE OF APPOINTMENT
Appointment effective: March 4, 2002 in the Department
of Fire
To the position of Battalion Chief Permanent appointment
at the FLAT Starting salary of $64,801
Kenneth Bachara., 113 Woodcrest, West Seneca, 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 50
CERTIFICATE OF APPOINTMENT
Appointment effective: March 4, 2002 in the Department
of Fire
To the position of Battalion Chief, Contingent Permanent
appointment
at the FLAT Starting salary of $64,801
Scott Barry, 579 Parkside Avenue, Buffalo, NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF ADMINISTRATION AND
FINANCE
NO. 51
INCREASE BMHA SUBSIDY
The item before your Honorable Body would require an
annual increase of more than $40,000 in the City General
Fund subsidy to the BMHA. The cost would apply to past as
well as future fiscal years.
As you are aware, the Mayor's Fiscal Recovery Plan
contemplates no need for subsidy in the current year -the
BMHA is recommending that the cost would be borne by
13MHA reserves -and no need for a subsidy in fiscal year
2002 -2003, with the BMHA recommending that their deficit
be federalized.
These items represent a significant portion of the Mayor's
gap closing plan for both fiscal year 2001 -2002 and
2002 -2003.
It is my understanding that the BMHA's ability to pay this
year's deficit out of its reserves is subject to DHCR approval,
and that the federalization proposal needs also to be
approved by HUD.
We would be concerned about any action that would
increase the BMHA's city- funded deficit, and are concerned
that the steps necessary to finalize both fiscal years' relief
items must be taken as quickly as possible.
I trust this answers your question.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 62
ORD. AMENDMENT CHAPTER 137 - CODE
ENFORCEMENT
SIDEWALK VIOLATIONS
CCP #177 JANUARY 22,2002
1 am in support of these changes. I believe sidewalk
clearance is an important safety measure.
RECEIVED AND FILED
NO. 63
C. FISHER/G. ROSS - CONCERNS - LACK OF
PLOWING
MICHIGAN AVE BETW HIGH AND CARL
CCP #79 JANUARY 22, 2002
1 have! referred Mrs. Ross' letter to the Division of
Administrative Adjudication for their enforcement efforts.
REFERRED TO THE SPECIAL COMMITTEE ON STREETS
SERVICES
FROM THE BOARD OF EDUCATION
NO. 64
"ARC & COMM -REQ EXTENSION OF BLD
DATE -BFLO. DIST. WIDE TECHNOLOGY
PHASE 2 PROJECT"
ITEM NO. #26, C.C.P. FEBRUARY 20, 2002
Item #26, C.C.P. February 2002, "Are & Common -Req
Extension of Bld Date -Bflo. Dist. Wide Tech nology -Phase 2
Project"
The letter from Richard A. Cummings, Chief Operations
Officer of the American Rated Cable & Communications, Inc.
has been forwarded to Doug Francis, Executive Director of
the Joint Schools Construction Board.
REFERRED TO THE COMMITTEE ON EDUCATION
NO. 66
"EST. SPEED ZONES AROUND SCHOOLS"
#36, C.C.P. DECEMBER 26, 2001
Item #35, C.C.P. December 26, 2001, "Est. Speed Zones
Around Schools"
The Buffalo City School District is interested in any
improvements that would make our schools safer. An issue
such as the creation of "School Safety Zones" may have
merit. Before proceeding, this issue deserves further study.
One approach may be to survey schools to query Principals
if they feel they have a problem with traffic.
Another approach may be to set some standards to identify
schools for consideration such as number of students,
number of walk/bussed students, location of school on main,
secondary or side street, location of bus and parent loading
zones. This criteria can allow an objective process to
determine which schools may benefit the most from the
creation of a School Safety Zone.
There are currently 91 sites housing public school students
and 46 sites housing non public school students in the city.
REFERRED TO THE COMMITTEE ON BUDGET
FROM THE CITY CLERK
NO. 66
MINUTES OF THE BOARD OF ETHICS
Attached please find the minutes of the January 15,
2002 Board of Ethics meeting.
City of Buffalo
Board of Ethics Meeting
January 15, 2002
Present:
Douglas Coppola
Charles L. Michaux, III
Michael Risman
James Magavern
David Hayes, of Counsel
Excused:
Richard Sullivan
Absent:
Charles Carr
Guest:
Kathleen O'Hara
Mr. Coppola reported that the board has been
unsuccessful in reaching Mr. Carr. Mr. Coppola suggested
that a letter be sent advising that the Board does not know
MT. Carr's schedule or if the meetings are convenient
therefore, the board asks that MT. Carr give the Board a new
address or e-mail so that each can continue
communications. Mr. Michaux also mentioned that MT. Carr
should be reminded that his term has expired. Mr. Coppola
stated that he would advise Mr. Carr via written
correspondence and try to determine Mr. Carr's intentions.
Mr. Coppola motioned to accept the meeting minutes of
December 18, 2001, after the amendment of the spelling of
Mr. Mucci's last name (paragraph 3) and the correction of
the date of next meeting (last paragraph) so moved by Mr.
Magavern, seconded by MT. Michaux. All were in favor.
It was noted that Mr. Gary Mucci, Sr. Partner with Saperston
& Day P.C. will fill the unexpired term of Lourdes Iglesias,
who has resigned. His term will expire September 4, 2003.
Mr. Coppola noted that Mr. Mucci will be a fine addition to
the Board.
Items #3 - 5 were received and filed. 3.) Response to Mr.
Nanula, conflict of interest issue 4.) Response to Council
Member Golombek, Jr., conflict of interest issue 5.)
Response to Mr. Kless - freedom of information request.
Regarding item #6 - Mr. Kless' request for a copy of the Dec.
18, 2001 minutes. Mr. Coppola suggested that the board
respond to Mr. Kless informing him that after the minutes
have been approved that the board will make available to
him a copy of the minutes of December 18, 2002 for his
review. All were in favor.
The meeting moved to the fists supplied by dept. /boards
identifying 'individuals required to file and Annual Disclosure
Statement. Linda Andersen, Secretary to the Board noted
that only one department, Police Department and two
boards, Johnnie B. Wiley and Dunn 'Tire have not
responded. Mr. Coppola suggested that these dept. /boards
be notified again of their obligation to comply. Mrs. Andersen
stated that she has contacted Mr. Peter Savage of the
Mayors office for his assistance.
The board then discussed the disposition of the voice
recordings of past Board of Ethic. Meetings. Mr. Michaux
noted that the City of Buffalo follows State, guidelines and
that according to that schedule the voice recordings need
only be held on to for four months once transcribed and
approved by the board. Mr. Hayes suggested that any
meeting where there be pending requests for information or
litigation that those tapes be held beyond the four month
period until all. issues are resolved. Mr. Magavern reiterated
Mr. Hayes' suggestion stating that the boards' policy should
be that the tapes would be destroyed after the fourmonth
period except "hen there is pending litigation. All were in
favor and the motion was so moved- the board then
recognized Kathleen O'Hara, Human Resource
Commissioner. th e board thanked Mrs. O'Hara for coming
to the meeting. Mr. Coppola then stated that the board has
been operating 'in a quasi- Human Resource capacity in
terms of the administrative acts (if the form filing. The board
stated that they thought that there is a need for ongoing
education within departments regarding the Code, of Ethics
and the Annual Disclosure Statement. It is the boards'
thoughts that it is probably a function of the Dept. of Human
Resources to assist with the education process. Mrs. O'Hara
began by giving the board some background on her
experience with the Code of Ethics. Mrs. O'Hara stated that
with regard to negotiations she had started to submit
proposals to broaden the application of the Code of Ethics
as recently as this year with Local 650. She then stated that
the problem is that no one is really clear on who files and
who does not. Mrs. O'Hara stated that she had sent a letter
to the Clerk's Office in July asking if the Clerk could identify
the 650 employees who currently submit. The City Clerk,
Charles Michaux stated that he was not aware of the letter
however, the lists are public record and a copy of the lists
can be prepared for Mrs. O'Hara to review. Mr. Coppola
asked the secretary of the Board to prepare a copy of the
lists for Mrs. O'Hara. After much discussion the board and
Mrs. O'Hara agree to look into the issue of broadening the
application requirements of city personnel and board
members. Mrs. O'Hara stated that the Human Resources
Dept. has put together a draft handbook for employees that
they had hoped to have published this year. A portion of the
handbook outlines the Code of Ethics. She hopes to have it
published in the next budget year and have it available to all
employees and any new hires to distribute during orientation.
Mr. Magavern asked Mrs. O'Hara if the board could obtain a
copy of the handbook as it overlaps with the work Mr.
Sullivan and Mr. Carr were asked to prepare for the board.
Mrs. O'Hara stated that that could be arranged and that she
would make one available to the board.
Mr. Coppola, on the boards behalf, asked if Mrs. O'Hara
would like to become an exofficial member of the Board of
Ethics. Mrs. O'Hara agreed as long as she could send a
substitute on occasion. She stated that Margarita Fauti is
who is working on the handbook and that she Is the Director
of Personnel. Mi. Coppola stated that they will keep Mrs.
O'Hara updated on issue before the board and would
welcome Ms. Fanti or Mrs. O'Hara's attendance at any up
coming meetings.
'the next meeting of the Board of Ethics was set for February
19, 2002 in room 1317 City Hall at 9:00 am sharp.
Meeting adjourned.
RECEIVED AND FILED
NO. 67
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
694 South Ogden Beef Station Daniel
Paczcirwinski
RECEIVED AND FILED
NO. 58
LEAVES OF ABSENCE WITHOUT PAY
I transmit herewith notifications received by me, reporting
the granting of the leaves of absence without pay, in the
various departments as listed:
x Mayor /Mayor Executive- Strategic Planning
Catherine Roberts, Fred Heinle
x Assessment and Taxation- Cheryl Yeates
x Public Works., Streets & Parks- Martin Eve, Thomas
LoTempio
x Police- Anita Clark, Jimmie Adams
RECEIVED AND FILED.
NO. 59
REPORTS OF ATTENDANCE
I transmit herewith communications received by me, from
the various boards, commissions, agencies and authorities
reporting the membership attendance at their respective
meetings:
X City Planning Board
RECEIVED AND FILED.
NO. 60
NOTICES OF APPOINTMENTS - SEASONAL /FLAT
I transmit herewith certificates received by me, reporting
seasonal and flat salary appointments made in various
departments.
RECEIVED AND FILED
CERTIFICATE OF APPOINTMENT
Appointment Effective: February 21, 2001 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 /hr
Irving Scrivens, 311 Cornwall, Buffalo 14215
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
CERTIFICATE OF APPOINTMENT
Appointment Effective: February 20, 2001 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 /hr
Sarah Van Alstine, 371 Villa, Buffalo 14216
Maria Matos, 113 Argus, Buffalo 14207
Gary Augustiniak, 302 Kensington, Buffalo 14214
Last 4 digits of S.S.N.: XXX -XX -8060
Brandon Banas, 228 Esser, Buffalo 14207
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
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 /hr
Shawn Brown 33 Carl Street, Buffalo, NY 14215
Certificate of Appointment
Appointment Effective February 25, 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/hr
Michael Sacilowski, 49 Goodyear, Buffalo, NY 14212
Charles Sessa, 174 Normal Avenue, Buffalo, NY 14213
John Kalwicki, 21 Brinton, Buffalo, NY 14214
William Yohn, 810 South Park Ave, Buffalo, NY 14210
Mark Giardina, 1310 Delaware Avenue, Buffalo, NY 14209
Timothy Hanrahan, 205 Whitfield, Buffalo, NY 14220
Last 4 digits of S.S.N.: XXX -XX- 5589
Jerome Jerozal, 27 Davey Street, Buffalo, NY 14206
Brian Bruyee, 391 Hewitt Ave., Buffalo, NY 14215
Certificate of Appointment
Appointment Effective: February 18, 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/hr
James Morris, 424 Hoyt Street, Buffalo, NY 14213
Kevin Pangburn, 436 Banes, Buffalo, NY 14213
Michael Valenti, 572 Tacoma Avenue, Buffalo, NY 14216
Willie Pennyamon, 24 Paderewski,. Buffalo, NY 14212
Donald Pieczynski, 17 Krakow Street, Buffalo, NY 14206
Daniel Pugh, 41 Dempster Street, Buffalo, NY 14206
Norman Ross, 17 Durham Avenue, Buffalo, NY 14216
NO. 61
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) .
RECEIVED AND FILED
Certificate of Appointment
Appointment Effective: February 21, 2001 in the
Department of Community Services, Division of Contract
Administration to the Position of Attendant, Temporary As
Required at the Flat Starting Salary of: $ 6.00 p /hr
Deloris Melson, 53 Moselle, Buffalo 14211
Freddie Mills, 229 Landon, Buffalo 14208
Tracey Mullen, 401 Cambridge, Buffalo 14215
Shawn Nicholson, 316 Abbott, Buffalo 14220
Arthur Nowak, 50 Inwood, Buffalo 14209
Shawndel Planter, 417 Wyoming, Buffalo 14215
Mark Poole, 519 Winspear, Buffalo 14215
Andre Sadoff, 655 West Delavan, Buffalo 14222
Geoffrey Simonick, 39 St. Stephens, Buffalo 14210
Benjamin Smith, 211 West Tupper, Buffalo 14201
Doristene Steele, 553 Lisbon, Buffalo 14215
Arnetta Stephens, 538 Hewitt, Buffalo 14215
Mark Sumbrum, 19 Rutland, Buffalo 14220
LaTisha Turner, 21 Gesl, Buffalo 14214
Anthony Wagner, 360 Abbott, Buffalo 14220
Rosie Woodfork, 236 Bissell, Buffalo 14211
Beverly Semenow„ 453 Amherst St, Buffalo 14207
Andrew Heidinger, 172 Alabama, Buffalo 14204
James Houze, 932 Northland, Buffalo 14215
Charles Huff, 76 Sussex, Buffalo 14215
Jeffrey Johnson, 34 Steven, Buffalo 14215
AnnaMarie Kobis, 229 Geary, Buffalo 14210
Cathleen Lasky, 91 Eaglewood, Buffalo 14220
Darlene Martin, 258 Sobieski, Buffalo 14211
Arthur Everette, 646 Northumberland, Buffalo 14215
Joan Fletcher, 128 Trowbridge, Buffalo 14220
Darryl Gaiter, 77 Parkside, Buffalo 14214
Helen Gaiter, 77 Parkside, Buffalo 14214
Mary Geraci, 29 Elam, Buffalo 14214
Marion Green, 36 Lyman, Buffalo 14206
Warren Adams, 232 Loring, Buffalo 14214
Thomas Baines, 9 Depew, Buffalo 14214
Kendell Burwell, 90 Huntington, Buffalo 14214
Rose Cich, 936 South Park, Buffalo 14210
Michael Deganis, 200 Huntington, Buffalo 14214
Michael Douglas, 22 Niagara Falls Blvd, Buffalo 14214
Eunice Eubanks, 363 Humboldt, Buffalo 14208
Appointment Effective: February 20, 2001 in the
Department of
Community Services, Division of Contract Administration to
the Position of Attendant, Temporary at the Flat Starting
Salary of $ 6.00 p /hr
Storm Wright, 174 Colvin, Buffalo 14216
Joseph Zon, 129 Military, Buffalo 14207
April Nicastro, 252 Massachusettes, Buffalo 14213
David Shamrock, 86 Commonwealth, Buffalo 14216
Kevin Mathewson, 47 Pavonia, Buffalo 14207
Philip McCarter, 390 Northumberland, Buffalo 14215
Geraldine McCartney, 69 Grote, Buffalo 14207
Dionna McDuffie, 132 Loring, Buffalo 14208
Bonnie Orffeo, 448 Vermont, Buffalo 14213
Eileen O'Rourk, 39 Coronada, Buffalo 14220
Theresa Pugliese, 584 Starin, Buffalo 14216
Joseph Aramini, 356 North Odgen, Buffalo 14206
Peter Botticelli, 316 Normal, Buffalo 14213
Diane Cwik, 141 Rebecca Park, Buffalo 14207
Mona Gault, 135 Strauss, Buffalo 14212
Frances Gonzalez, 7B Jasper Parrish, Buffalo 14207
Cynthia Grabowski , 143 Fleming, Buffalo 14206
Desmond Green, 315 West Delavan, Buffalo 14213
Donna Haeick, 169 Brinton, Buffalo 14216
Helen Houston, 260 Humboldt, Buffalo 14214
Orlando Jones, 66 Burgard, Buffalo 14211
Jodi Kapitany, 98 Ontario, Buffalo 14207
Karen Klemowski, 66 Wiley, Buffalo 14207
Stephen Kolano, 635 Amherst, Buffalo 14207
Barbara Kozlowski, 87 19th St., Buffalo 14213
Certificate of Appointment
Appointment Effective: February 26 2002 in the
Department of Community Services, Division of Contract
Administration to the Position of Supervisor Temporary As
Required at the Flat Starting Salary of 6.50 p/h
David Shamrock, 86 Commonwealth, Buffalo 14216
Certificate of Appointment
Appointment Effective: February 21, 2001 in the
Department of Community Services, Division of Contract
Administration to the Position of Supervisor, Temporary As
Required at the Flat Starting Salary of
$ 6.50 p/
Caitlin Bogucki, 15 Wasson, Buffalo 14210
Irma Cole, 233 Parkside #6, Buffalo 14214
Nicholas Heidinger, 172 Alabama, Buffalo 14204
Kevin Murphy, 94 Alturia, Buffalo 14220
Mary Pat Overdorf, 183 Mackinaw, Buffalo 14204
Alphone Patton, 22 Niagara Falls Blvd, Buffalo 14214
Bernard Pryor, 50 Jacktram Court, Buffalo 14209
Kevin Tate, 160 Stockbridge, Buffalo 14215
Cliffie Turner, 109 Pembroke, Buffalo 14215
Garry Weiss, 914 South Park, Buffalo 14210
Appointment Effective: February 20, 2001 in the
Department of Community Services, Division of Contract
Administration to the Position of Supervisor, Temporary As
Required at the: Flat Starting Salary of: $6.50 p /hr
April Nicastro, 252 Massachusetts, Buffalo 14213
Donald Hood, 38 B Polish Place, Buffalo 1421
Lynn O'Neil, 47 Herman, Buffalo 14212
Carmela Trippi, 26 Woodette, Buffalo 14207
Wendy Grucza, 26 Thomas, Buffalo 14206
Linda Marchese, 614 Starin, Buffalo 14216
Patricia Schultz, 9 Heward, Buffalo 14207
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
NO. 62
T. BRODFUCHIER -LIST OF ADDRESSES MULT.
DWELLINGS IN COB
Tom Brodfuehrer, Department of Inspections and Permits,
Multiple Dwellings, provided the Council with a list of
addresses of multiple dwellings located in the city of Buffalo.
The list is available for review in
the Council Staff office, room 1413.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 63
MAXIMUM NUMBER VEHICLES - USED CAR DEALERS
Used Car Dealer licenses are expiring on May 1, 2002.
Approvals for the renewal of these licenses have been
referred to the Fire Prevention Bureau. As agreed upon, the
Fire Prevention Bureau will determine the maximum number
of vehicles allowed at each location licensed by the City of
Buffalo. This includes both renewals and all new locations.
The formula used to determine the maximum number of
vehicles is based on the City of Buffalo's Zoning Ordinances,
specifically Article XIX, "Off- Street Parking and Loading ",
Chapter 511 -96 "Space Requirements ". The requirements
are as follows: one hundred and twenty six (126) square feet
per vehicle. Additionally, all vehicles must be parked in a
manner to maintain three (3) foot aisles around each vehicle
so as to provide access for emergency personnel if required.
Please instruct your inspectors to indicate the maximum
number of vehicles on the license referral form, as this
information will be printed on the new licenses issued. If you
have any questions concerning this matter, please call me at
851 -5020.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 64
J. FERRELL RESIGNATION MEMBER EMERG MED
SERVICES BD
Being involved in Emergency Medical Services for most of
my life, I have seen many changes in the city of Buffalo and
Eric County. I was only 16 years old when I began to study
EMS while I was yet in High School. Because of school, I
had to take my Emergency Medical Technician course at
Erie County Community College North Campus on Saturday
mornings.
The opportunity to I have had work on the streets as an
EMT, work with the Children's Hospital Intensive Care Mobil
Unit both at LaSalle Ambulance Service at that time. In
1980 -1992 1 became an Emergency Medical Dispatcher
better know as Ambulance Dispatch and Inspection.
Because of your appointment as the Vice - Chairman Buffalo
Emergency Medical Service Board, you have given me the
pleasure and honor to served you and the fine City of Buffalo
for the past 5 years. In these past few years we were able f,
111 dadditional Emergency Medical services to out city and
enhance the procedure of how ambulances are to respond
in, Buffalo to better cam for the citizens through out the
entire city.
As Vice - Chair /Board Member of the Emergency Medical
Service Board I would like to take this time to say thank you
for that privilege. With my sincere heart and deepest regrets
I would like for you to accept my resignation. I can honestly
say never has there been a time when the EMS Board had
such a diverse and professional group of personnel that
really have PATIENT CARE at heart.
T would like for my resignation to be effective Thursday
February 28, 2002 at 12:01 AM.
RECEIVED AND FILED
NO. 65
D. FRANCIS-
"ARC & COMM.— REQUEST EXTENSION OF
BID DATE- -BFLO. DIST. WIDE TECHNOLOGY -
-PHASE 2 PROJECT
ITEM #26, C.C.P. FEBRUARY ?, 2002
The subject letter was acted upon immediately by the
JSCB and Thomas Communications, P.C.
The chairman of the JSCB, Mayor Masiello, directed me to
interview Mr. Cummins and determine the necessity for a bid
extension.
I instructed Thomas Communications to also investigate the
issue and make a written response.
Upon closer examination of the bid documents, it became
apparent that ARC and Comm. hadn't notice the description
of the work to be bid under Phase 2. This description
(attached) advises the bidder that the "Technology and
Telecommunications" work that ARC & Comm. was
interested was not included in the Phase 1 & 2 bids (it had
already been bid out over one year ago. Ronco was low
bidder).
When this was pointed out to Mr. Cummins, he agreed and
withdrew his request for a bid date extension. (See attached
Thomas letter of February 20, 2002, and ARC & Comm.
letter of February 21, 2002.)
In conclusion of the issue, I met with Messrs. Richard
Cummins, Sr., and Richard Cummins, Jr., yesterday
(February 26, 2002) to confirm their satisfaction.
RECEIVED AND FILED
NO. 66
BY FRIENDS OF THE BUFFALO NIAGARA RIVERS
SEDIMENT REMEDIATION PROJECT
PUBLIC OUTREACH CAMPAIGN
To prepare for the implementation of the City's Local
Waterfront Revitalization Plan and provide the local match
for federal funding to dredge contaminated sediments in the
Buffalo River channel, the Friends of the Buffalo Niagara
Rivers are seeking $1, 5,000 in 2002 -2003 CDBG support
for the following activities:
1. The Buffalo River Partnership Sediment Remediation
Project Public Outreach Campaign;
2.An investigation of the impact of proposed building setback
legislation on existing property owners along Lake Erie, City
Ship Canal, Niagara River, Black Rock Channel and
Scajaquada Creek; and
3.An investigation of paper street public access opportunities
and constraints along Lake Erie, City Ship Canal, Niagara
River, Black Rock Channel and Scajaquada Creek
APPLICANT DESCRIPTION:
The Friends of the Buffalo Niagara Rivers, incorporated in
1989, is a not - for - profit regional river advocacy organization
with five goals:
1. Restore the ecological health of Buffalo- Niagara River
systems;
2. Express and celebrate the cultural and historic fabric of
the area;
3. Improve public access along the Rivers by surrounding
communities and citizens of the region;
4. Encourage community awareness, "ownership" and
stewardship of the Rivers; and
5. Develop a regional River advocacy organization capable
of achieving the above goals.
In 2001, the organization had almost 200 members who
contributed over $11,000 of support to its S32,000 program
budget. The Friends have a 15- member community Board of
Directors elected each year at an April annual meeting
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 67
N. GEROVAC PUBLIC HEARING - DISPLAYS BY
MAUTNERINC
Dear Mr. Michaux:
Enclosed please find a copy of the General Project Plan
and findings for the proposed Displays by Mautner, Inc.
Capital Grant Project in the City of Buffalo. In accordance
with Section 16(2) of the New York State Urban
Development Corporation Act (Chapter 174 of the Laws of
1968), as amended, we request that the Plan and findings
be filed in your office.
A public hearing for this Project will be held in Room 1317,
Buffalo City Hall, on Monday, March 11, 2002 from 11:00
a.m. to 12:00 p.m. If you have any questions, please contact
me at 716 - 688 -0485. Thank you for your cooperation.
RECEIVED AND FILED
NO. 68
N. GEROVAC- PUBLIC HEARING TOPS NIAGARA
STREET SUPERMARKET
Dear Mr. Michaux:
Enclosed please find a copy of the General Project Plan
and findings for the proposed Tops Niagara Street
Supermarket - Urban and Community Development Program
- Urban and Community Development Assistance Capital
Grant Project in the City of Buffalo. In accordance with
Section 16(2) of the New York State Urban Development
Corporation Act (Chapter 174 of the Laws of 1968), as
amended, we request that the Plans and findings be filed in
your office.
A public hearing for this Project will be held in Room 1317,
Buffalo City Hall, on Monday, March 11, 2002 from 12:00
p.m. to 1:00 p.m. If you have any questions, please contact
me at 716 - 688 -0485. Thank you for your cooperation.
RECEIVED AND FILED
NO. 69
J. GOLOMBEK -DATE RESEARCH CITIES /COUNCIL
SIZES
Dear Mr, Michaux:
I am requesting that the attached 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 council members 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. 70
J GOLOMBEK -J. ILUZZI -MEDIA ITEMS
REAPPORTIONMENT
Dear Mr. Michaux,
Please file the attached local media items with the
Common Council for consideration by the Reapportionment
Committee.
If you have any questions please call my office at 851 -5116.
Sincerely,
Enclosures (5)
REFERRED TO THE SPECIAL COMMITTEE ON
REAPPORTIONMENT
NO. 71
B. GRANT - CONCERNS KEN BAILEY COMM CENTER
Dear Mr. Michaux III:
Please file the enclosed correspondence with the Buffalo
Common Council for +the next full council meeting to be held
Tuesday, March 5, 21002.
Thank you for your attention to this matter. If you have any
questions, please feel free to contact my office.
On Tuesday night. January 15th, I received a phone call
from an individual at X en- Bailey Community Center who
advised me to be careful when I leave my house and to be
very observant when I returned, This person stated that she
had overheard an individual who work at the center
threatened to do bodily harm to me if I did not release his
pay. She stated that the man's name was Corey Davis. This
individual implored me not to reveal her name because she
was afraid and if I even reveal her connection to Ken Bailey
Center, Mr. Davis will recognize her.
Another resident of the district who was volunteering at the
center on Friday, January 11 "', overheard Mr. Davis making
threats against me if he was not paid in a timely fashion. I
will give his name to individuals directly but I will not write it
on paper where it m1 oht be used by a corrupt police officer
to bring bodily harm to this gentleman.
I have received several allegations of drug dealing being
conducted before and after narcotics anonymous meetings. I
have been at block club meetings and I have observed
active and current drug dealers attending these meetings.
When I shared these observations with several block club
presidents and at least one of them stated that it is known
that drug dealing by people attending NA meetings has been
going on for years. If you have any questions, please call my
office at (716) 851 -5165. REFERRED TO THE SPECIAL
COMMITTEE ON POLICE REORGANIZATION AND THE
COMMISSIONER OF POLICE
NO. 72
B GRANT - DAMAGED SIDEWALK REPAIRS IN
UNIVERSITY DISTRICT
The following streets for damaged sidewalk repairs were
excluded from the initial list provided to you on 2/22/02 due
to time constraints:
1. 340 -367 Rosalyn Street
2. 646 Norfolk Avenue
3. 115 Westminster Street
4. 120 Westminster Street
5. 1,23 Westminster Street
6. 1.29 Westminster Street
7. 1. 3 0 Westminster Street
8. 151 Hastings Avenue
9. 104 Hewitt Avenue
10. 588 Norfolk Avenue
11. 6 13 Norfolk Avenue
12. 6,37 Norfolk Avenue
13. 47 Shirley Avenue
14. 40 Shirley Avenue
15. 723 Norfolk Avenue
16. 5 8 7 Northumberland Avenue
17. 150 Shirley Avenue
18. 52 Shirley Avenue
19. 58 Decker Avenue
20. 108 Decker Avenue
21. 93 Decker Avenue
22. 53 Decker Avenue
23. 40 Decker Avenue
24. 36 Decker Avenue
25. 30. Decker Avenue
26. 42 Manhart Street
27. 12 Decker Avenue
28. 33 Manhart Street
29. 11 Manhart Street
30. 38 Manhart Street
31. 21 Dorris Avenue
32. 90 Manhart Street
ADOPTED
NO. 73
B. GRANT -W. C ROWE- RLVIPA -43 WEST HURON ST
Please file the enclosed correspondence with the Buffalo
Common Council for the next full council meeting to be held
Tuesday, March 5, 2002.
Thank you for your attention to this matter. If you have any
questions, please feel free to contact my office.
Siricerely,
Re: 43 W. Huron Street
Dear Ms. Grant:
In order to assist you and the members of the Finance
Committee in coming to a decision regarding the above
named property which is owned by my client, The Church of
Scientology, I wanted to make you aware of Federal
Constitutional and Statutory considerations regarding
properties of religious organizations.
Specifically, the Federal Constitution and the Religious Land
Use and Institutionalized Persons Act of 2000 ( "RLUIPA ")
afford special protection to churches and religious
organizations against local use of Eminent Domain
proceedings.
It is clear that the Federal Courts look differently upon
eminent domains proceedings impacting adversely on
religious properties and I wanted the Finance Committee to
take this fact into consideration before rendering a final
decision regarding my clients property.
Thank you for your consideration of my client's position in
this matter.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 74
B. GRANT - SUPPORT EXP JOINT SCHOOLS CONST
BOARD INVOLVEMENT
Please file enclosed correspondence for Tuesday, March
5, 2002 Common Council Meeting.
Thank you for your attention to this matter.
Dear Council Member Grant,
Greeting in the matchless name of our Lord and Savior
Jesus Christ. This missive is to express my support for your
resolution " Expanding Joint Schools Construction Board to
increase Community Involvement ". I commend you on taking
up this effort and stand ready to answer any questions you
may have.
Because of Christ,
REFERRED TO THE COMMITTEE ON EDUCATION
NO. 75
BUFFALO NIAGARA PARTNERSHIP
CLOSING OF KMART /ASSIST- BROADWAY MARKET
It has come to my attention that, at a recent Buffalo
Common Council meeting, there was a request to the
Buffalo Niagara Partnership to assist the Broadway Market
by addressing or somehow preventing the loss of the Kmart
store across the street from the Broadway Market to halt the
potential negative economic impact on the Market. Although
the loss of any business in the City of Buffalo and the region
overall is of concern to the Partnership, the impact on the
Broadway Market of Kmart's closing and, what the market
can do to become more profitable are separate issues.
As I am sure you are aware, the Partnership, in response to
a request from Mayor Masiello, assembled a team of eleven
experts and prepared a report in August 2000 providing an
objective review of the Broadway Market's financial and
operating problems and a business plan to address these
problems. The report was delivered to the Mayor and
Market's Board of Directors. Since then, the Partnership's
Broadway Market task force repeatedly has reached out to
the Market's Board offering to assist with implementation of
the recommendations; but to date, there has been no
response.
A, copy of the Executive Summary from our report is
enclosed for your review.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 76
R. LOTEMPIO -INFO CHILDREN'S HOSPITAL OF
BUFFALO
CITY OF BUFFALO
Please file the attached information for the next meeting of
the Common Council.
This material has been provided as a follow -up to a recent
meeting of Council Members and a group of Doctors
representing Children's Hospital, regarding the proposed
re- location of Children's Hospital.
REFERRED TO THE BUFFALO HEALTH SERVICES TASK
FORCE
NO. 77
R. LOTEMPIO- POTENTIAL LONG /SHORT TERM COST
SAVING PROJECTS COB /CO ERIE
Dear Mr. Michaux:
Please file the attached list of potential long term and short
term cost saving projects proposed between the City of
Buffalo and the County of Erie. This list was presented by
the Mayor, at a February 20, 2002 Regional Governance
Meeting held in County Executive Giambra's office.
The meeting was attended by County Executive Giambra,
Mayor Masiello, representatives of the City of Buffalo
Common Council and the Erie County Legislature. and
essential personnel.
REFERRED TO THE SPECIAL COMMITTEE ON
REGIONAL GOVERNANCE
NO. 78
DELAWARE /HURON MULTI -USE PARKING RAMP
INITIATIVE
The Chippewa Entertainment Board has identified parking as
one of its top priorities for the continued revitalization and
expansion of the District. As you are aware, the District
employs more than 1,340 people and have invested
substantial private equity over the past five (5) years in the
creation of the top entertainment destination in all of Western
New York.
The Policy and Planning Committee of our Association
began researching a parking expansion initiative over a year
ago. Through this effort we have attached the following
proposal for your review and consideration. The attached
proposal was submitted to the City Parking Board
Wednesday, February 20, 2002, for review and is now part
of the public record. The proposal we drafted was centered
on three (3) primary benchmarks. They are as follows:
Highy Visible Parking: Find a highly visible location that
resides either on Elmwood Avenue, Delaware Avenue, or
Chippewa Street within a three (3) block radius of Delaware
and Chippewa (highest car traffic counts) that becomes a
feature point for day and night parking for people familiar
with Buffalo as well as new visitors to the area. The focus is
to leverage this location for the following all targeted
demographic customers starting with 1.) Weekday
Customer; Profile under the following, but not limited to:
monthly and hourly business customer, daytime breakfast,
lunch entertainment customer, hotel parking, retail parking
and housing. 2.) Weekday and Weekend Evening Customer;
Dinner and Happy Hour Entertainment, Retail end of Day,
Hotel and Retail Service.
3.) Weekday and Weekend Late Evening Customer;
Theater, Restaurant, Hotel and Nightclub.
Expansion of the District: The Chippewa Entertainment
District has been expanding at a rapid rate from its core
and is now bringing in more retail and restaurant businesses
in addition to hotels and housing. The Association has been
focused on expanding the service based retail sectors in
addition to fine dining. This component was a central
theme in the development of the parking facility. The board
feels strongly that any parking ramp /facility should
encompass first floor retail as a vital cornerstone in
continuing the streetscape of the burgeoning Delaware
District. We have reviewed other parking facilities in cities
such as Toronto, New York, Boston, Baltimore, etc.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 79
NEW YORK STATE DEPT. OF ENVIRONMENTAL
CONSERVATION
MEETING NOTICE
I HOWELL ST.
Attached please find a meeting notice from the Dept. of
Environmental Conversation regarding the cleanup of
hazardous wastes at the Marcon Erectors site, located at I
Howell St.
New York: State Department of Environmental
Conservation
270 Michigan Avenue, Buffalo, New York 14203 -2999
February 20, 2002
The New York State Department of Environmental
Conservation ( NYSDEC), in cooperation with the New York
State Department of Health, are pleased to inform you that
the cleanup of hazardous wastes at the Marcon Erectors
site, located at 1 Howell Street, is complete (See attached
Fact Sheet for details). Because the completed hazardous
waste cleanup has addressed the environmental and human
health impacts, further investigation and evaluation of
remedial alternatives is not necessary. As a result, the
NYSDEC has prepared a Proposed Remedial Action Plan
which concludes that "No Further Remedial Action" is
required .
You are invited to a Public Meeting at which: results of the
site investigations will be presented; remedial actions taken
at the site will be reviewed; and, the "No Further Remedial
Action" Plan will be presented and your comments sought on
the Plan.
The Public Meeting will be held:
DATE AND TIME: PLACE:
Thursday North Park Branch Library March 14, 2002
2351 Delaware Avenue at 6:30 PM Buffalo,
NY
Public comment on the Proposed Remedial Action Plan are
welcomed during this meeting, as well as any written
comments received by Tuesday, March 25, 2002. Any
comments received will be carefully considered before the
final selection of a remedial action plan is made for this site.
Written comments should be directed to:
Mr. Maurice Moore, Project Manager
NYSDEC
270 Michigan Avenue
Buffalo, N.Y. 14203
A Responsiveness Summary will be prepared to describe
the State's answers or actions to address any remarks
received during the meeting or comment period. If the
Department does not receive any new or additional
information during this period or at.. the March 14 1 h
meeting that would change the Plan, then the selected
remedy ( "No Further Remedial Action ") will be documented
by the State in a Record of Decision.
RECEIVED AND FILED
NO. 80
NEW YORK STATE DEPT, OF ENVIRONMENTAL
CONSERVATION
STATE PROPOSES CLEANUP AT THE SHENANGO
STEEL MOLD
HAZARDOUS WASTE DISPOSAL SITE
Attached please find a meeting notice from the Dept. of
Environmental Conversation regarding the cleanup at the
Shenango Steel Mold Hazardous Waste Disposal Site.
RECEIVED AND FILED
NO. 81
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION - VOLUNTARY CLEANUP HANNA
FURNANCE
Dear Interested Citizen:
This Fact Sheet is to inform you about the clean up plans for
a portion of the former Hanna Furnace site located in
Buffalo. If you have any questions or w o u I d like more
information, please do not hesitate to contact:
Voluntary Cleanup Agreement
February 2002
The New York State Department of Environmental
Conservation (NYSDE in cooperation with the New York
State Department of Health (NYSDOH pleased to inform you
that the City of Buffalo has volunteered to address
contaminated areas in a portion of the 113 acre former
Hanna facility. The remedial activities will be performed
under the Department Voluntary Cleanup Program and will
address the former railroad yard port of the site. This area
has been designated as Subparcel 1 (see drawing The
remedial work will be done as the site is redeveloped, which
is expect to take several years to complete.
In 1900, the Buffalo Union Steel Corporation purchased
the land that would become the manufacturing area and
railroad yard. The Union Ship Ca was constructed in 1910to
service the facility. Pig iron manufacturing be around this
time with the construction of four blast furnaces. The
Furnace Company acquired the property from Buffalo Union
Steel in 19 and subsequently became known as the Hanna
Furnace Corporation.
Hanna Furnace ceased all operations in 1982 and Jordan
Foster Sc Corporation purchased the property in 1983. They
dismantled the furnaces, many of the buildings, and
removed the rails from the railroad y -2 In 1986, Jordan
Foster Scrap filed for bankruptcy. In 1998, the City Buffalo
acquired title to the property due to nonpayment of taxes.
For future development considerations, the property was
divided into f subparcels. They are:
Subparcel 1 - the former railroad yard and is about 43
acres in size. Subparcel 2 - the manufacturing area and
is about 29 acres in size. Subparcel 3 -a 200 feet wide
strip around the canal and totals 22 Subparcel 4 - a 19
acre disposal area for filter cake /flue ash and deb
RECEIVED AND FILED
NO. 82
J. PILKINGTON - NYPIRG INFO - OUTREACH PLANS
We are writing to update you on our outreach plans for the
New York Public Interest Research Group Fund Inc.
(NYPIRG) this summer.
NYPIRG, as you may know, is a non - partisan corporation
organized in 1976 under the New York State Not - For - Profit
Corporation Law. NYPIRG's areas of concern include
consumer protection, environmental preservation and
several other public policy issues. As a charitable
organization, NYPIRG files annual financial reports under
the provisions of New York Executive Law, Article 7 -A, with
the Secretary of State. NYPIRG has been issued a
determination letter from the Internal Revenue Code section
501(c)(3). Contributions to NYPIRG are tax deductible.
We anticipate conducting our door -to door outreach in your
community for a brief period between May I and August 3 1.
Our activities will entail circulating support statements,
soliciting small contributions, distributing information and
recruiting support (letters, calls, participation) on a variety of
issues of concern to the community. Your office and local
police will receive a list of our employees' names,
identification numbers and addresses before we begin
working in your community. As always, we will coordinate
our outreach activities with those of other organizations so
as to ensure we are contacting residents in the most
professional manner.
This letter represents part of our commitment to cooperating
fully with local municipalities while we're conducting our
outreach efforts. Toward that end, I ask that you please send
me written confirmation of receipt of this letter for our files. If
you have any questions or need more information, do not
hesitate to call me at (212) 349 -7474.
Thank you for your attention to this request.
RECEIVED AND FILED
NO. 83
H. TAYLOR- FRUIT BELT /MEDICAL CORRIDOR
TAX INCREMENT FINANCING DISTRICT REPORT
Enclosed please find a copy of the report on the Tax
Increment Financing District for the Fruit Belt /Medical
Corridor. It is my understanding that the submission of this
report will start the next phase in the development of a Tax
Increment District to finance the redevelopment of the Fruit
Belt /Medical Corridor.
My executive assistant, Frida Ferrer, will be contacting you
later this week to set up a meeting between you, myself, and
Ms. Betsy Bergen, who will track the movement of the report
through the review process. In this meeting, I would like to
discuss with you the review process and the timetable for
that process.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT. THE COMMISSIONER OF
ASSESSMENT AND TAXATION AND THE DIRECTOR
SRATEGI'C PLANNING
NO. 84
THE PRESERVATION COALITION
T. THIELMAN -OPP DEMO HURST BLDG
FEBRUARY 22, 2002
The Preservation Coalition opposes the demolition of
the Hurst Building for a parking ramp for the following
reasons:
1) Demolition of the Hurst Building would remove present
and future low cost office space and retail space in an
important area of downtown while no new space is to be
added.
2) Its planned replacement, a 10 -story parking ramp, is too
big and too ugly. It would tower over Huron Street, directly
adjacent to one ramp and across the street from another.
Combined with the Convention Center itself - largely dark
most of the year - it would create a massive "dead zone"
with thousands, of feet of inactive frontage stretching from
Court Street to Chippewa Street.
3) A parking ramp is essentially a public works project,
financed through bonds that rest on taxes paid by every
property owner in the City. As such, it must serve broad
public goals.. not narrow ones defined by the direct
beneficiaries. Low cost parking is fine in concept, but not at
any cost.
And the cost has been high: We have destroyed so
many of the small buildings that housed small businesses
and small offices and small companies for parking lots and
ramps that support large stores and large companies (many
of which are gone anyway) that downtown does not have the
supply of contiguous low cost space that start -ups and family
businesses need. We have destroyed the infrastructure that
germinates new money by attracting new people, who meet
and create new ideas.
4) The Hurst Building was designed with ground floor retail
space. The current owner chooses not to use it for such, but
it doesrryt mean it can't be used for retail again. The parking
ramp plan does not have any ground floor retail.
5) The Hurst building is on a south facing street front,
valuable in a northern city for retail and restaurant space.
6) Buildings like the Hurst act as unifers in a city. In fact,
building a similar small building next to it on Huron and Pearl
would help greatly in making Huron Street a connector
between the east and west sides of Main Street. They could
frame the Augsberger ramp on the south like the buildings
on Chippewa Street do on the north. A nice streetscape
running from Main to Delaware is within our grasp. We will
lose this opportunity with a ramp.
7) The Hurst Building is owner - occupied. Resident owners
are seen as good for building up neighborhoods. Why don't
we also encourage more owner - occupied small holdings
downtown, rather than them out? Large holdings just seem
to bring with them constant demands for public subsidy,
whether in the form of subsidized parking (which these
ramps are) or tax abatements and other inducements.
The Hurst Building - small, cheap, flexible - is exactly the
type of urban resource that made the resurgence of
Chippewa Street, a block to the north, possible. Destroy it,
rather than clone it, and you destroy the southward
expansion of the new urban future that Chippewa
represents.
8) The existing Augsburger Ramp can be extended vertically
by two levels, adding ' 62 cars, at a cost that would have
minimal impact on parking rates. That is a lot of cars, and it
brings relief while other options can be pursued.
9) The Hurst Building represents potentially taxable real
estate, as does its adjacent lot to the east. Unless the city
elects to sell its parking ramps, they represent huge blocks
of land that are forever tax exempt, while absorbing a lot of
services and bonding capacity.
10) The Hurst building is a good piece of urban "fabric." Its
brick, texture, inhabitants, and visitors add to potential the
richness of the neighborhood. Not every building has to
shout its novelty or dominance. The Hurst is a modest,
well- behaved part of the streetscape.
The Hurst Building performs urban functions in ways all too
few postwar Buffalo projects have. Until the time a parking
ramp comes along that fulfills these functions better, and
especially since the stated need for parking in this area can
largely be met other ways, it is worth hanging onto the Hurst.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 85
A. THOM PSON-ATTAC HE D ITEMS CDBG BUDGET
Please find attached the items that have been presented
by the administration to date in the Community Development
Committee's meetings relative to the Mayor's proposed
CDBG budget. I am also attaching information that was
presented by the City of Rochester during our February 25 th
sessions there. Please bring this item with you to future
CDBG meetings as we may be referring to some of this
information.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 86
A. THOMPSON-
HOUSING PROGRAMS
I spoke with Judy Vona (5164) from the 3 rd floor, who
informed me that
the City has two programs that provide money for
homeowners who must
then live in their home for the term of the loan: provides
loans to
help with down payment and closing costs.
The City of Buffalo Emergency Assistance Program
provides low interest loans to those who are under 80% of
the median income. Individual home owners can apply, but
all Council districts have streets targeted for this program.
The following terms apply to both programs:
Residency
If a loan is under $5,000, the owner must stay in the home
for 5 years or pay back the loan upon the sale of the house If
a loan is over $5,000 there's a 10 -year residence
requirement.
Pay back
Low Income Principal Deferred - If an owner is at 30% or
less of the median income, and takes out a 10 -year loan,
every year 10% of the loan is forgiven. Principal Deferred
Loan - If an owner is at 30 -50% of the median, she or he
pays back 35% of the loan at 3% interest over the term of
the loan. Low Interest Loan - If an owner is at 50 -80% of the
median, they get a 3% loan.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 87
A. THOMPSON -HUD FUNDING
Please file these letters with the Council for Tuesday
March 5, 2002 Council Meeting.
If you have any questions, please do not hesitate my office
at (716) 851 -5145.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 88
D. SUTTON -
LIST OF BROWNFIELD SITES
Commissioner Ryan:
The following is a list of sites that are listed on the New
York State Department of Environmental Conservation
Inactive Hazardous Waste Disposal Site Directory. All of the
properties listed below are ranked as Class 2 Sites by the
NYSDEC. A Class 2 site is a property that poses a
significant threat to the public health or environment and
requires further action to mitigate the threat.
This list does not include properties that are involved in
NYSDEC's Voluntary Cleanup Program or Clean Air /Clean
Water Bond Fund Program. If you like I would be happy to
provide information on those sites.
If you have any questions regarding the above please
contact me at Ext. 6586.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 89
ANTOINE M. THOMPSON -MLK JR BYLAWS
Please file the Martin Luther King Park By Laws with the
Common Council, for the next Council meeting.
Thank you for your time and consideration. If you have any
questions, please do not hesitate to contact my office at
(716) 851 -5145.
RECEIVED AND FILED
NO. 90
A THOMPSON
ATTACHED ITEM - QUINT -MIDI SYSTEM
Please find information that was presented by Rochester
Fire Chief Floyd A. Madison during our February 25h trip to
investigate Rochester's quint -midi system.
REFERRED TO THE COMMITTEE ON BUDGET
PETITIONS
NO. 91
C. VOLTZ, AGENT, USE 1102 AKA 1104 KENSINGTOIS;
AVENUE FOR A HUMAN SERVICES FACILITY.
(HRG. 3/12)
REFERRED TO THE COMMITTEE ON LEGISLATION,
DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING
BOARD AND CORPORATION COUNSEL.
NO. 92
F. GALAB, AGENT, USE 2655 BAILEY FOR AN AUTO
REPAIR GARAGE/ USED CAR SALES.
(HRG. 3/12)
REFERRED TO THE COMMITTEE ON LEGISLATION,
DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING
BOARD AND CORPORATION COUNSEL.
NO. 93
D. LONCTO, OWNER, USE 892 ELMWOOD,
ILLUMINATED
GROUND SIGN
(HRG. 3/12)
REFERRED TO THE COMMITTEE ON LEGISLATION,
DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING
BOARD AND CORPORATION COUNSEL.
REGULAR COMMITTEES
FINANCE
(BETTY JEAN GRANT, CHAIRPERSON)
NO. 94
J. B. WILEY BOARD AGREEMENT WITH CITY OF
BUFFALO
(ITEM NO. 20, C.C.P., FEB. 19, 2002)
That the Mayor be, and he hereby is authorized to enter
into an agreement between the City of Buffalo and Buffalo
Federation of Neighborhood Centers as pass -thru agend for
the J, B. Wiley Board, for use of J. B. Wiley Stadium, under
the same terms and conditions as listed in the above
agreement. That the Corporation Counsel be, and he hereby
is authorized to review and approve as to form the above
agreement and that the Mayor be authorized to execute the
same.
PASSED
AYES -13 NOES -0
NO. 95
INTERFUND LOANS - CAPITAL BUDGET (COMPT) (# 10,
10/16)
(CCP #132 -JAN. 22, 02)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 96
CAPITAL BUDGET 2000 -2001 (COMPT) (# 131,11/23) (914,
1/9)
(CCP# 133 JAN. 22, 02)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 97
RECOMMENDED 2002 CAPITAL BUDGET (MAYOR) ( #2,
11/13)
(CCP# 134 -JAN. 22, 02)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 98
2002 -03 REC. BUDGET -DUNN TIRE PARK - ENTERPRISE
FUND (# 13 8,2/19) (MAYOR)
(CCP #L -FEB. 5, 02)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 99
BUFFALO BISONS, INC.
(CCP #36 -FEB. 19, 02)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 100
B. GRANT - MILLICENT TOWNHOUSE APARTMENTS
(CCP #63 -FEB. 5, 02)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 101
B. GRANT - MLLICENT TOWNHOUSE
APARTMENTS - GARBAGE USER FEE BILLS
(CCP #64 -FEB. 5, 02)
That the above item be and the same hereby is received
and filed.
ADOPTED
No. 102
Buffalo Weed and Seed Youth Opportunity Initiative
Year 11 Funds
(Item No. 3, C. C.P., Feb. 19, 2002)
That the City of Buffalo does hereby accept the grant in the
amount of S 142,000.00 for Year 2 of the Buffalo Weed and
Seed Youth Opportunity Initiative Program.
Passed.
AYES -13- NOES -0
No. 103
Monthly Report From Div. of Cit. Svs. -Jan 2002 (Cit.
Svs.)
(CCP #4 -Feb. 19, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 104
Results of Negotiations - 322 Fillmore Avenue
(Item No. 13, C.C.P., Feb. 19, 2002)
That the offer from Mr. John Pasternak, residing at 318
Fillmore Avenue, in the sum of One Thousand Dollars
($1,000.00) for the purchase of 322 Fillmore Avenue, be and
hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be
paid by the purchaser, and
That the transfer tax, recording fees and cost of legal
description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the
necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance
with the terms of sale upon which the offer was submitted.
Passed.
AYES -13- NOES -0
Legislation
(Richard A. Fontana, Chairman)
No. 105
S. Carmina, Petition to Use 1140 Delaware Avenue -
Human Services Facility
(Item No. 76, C.C.P., Feb. 19, 2002)
That after the public hearing before the Committee on
Legislation on February 26, 2002, the petition of S. Carmina,
agent, for permission to use 1140 Delaware Avenue for a
human services facility be, and hereby is approved.
Passed.
AYES -13- NOES -0
No. 106
Notification Serial 99388, Install No Parking on West
Chippewa Street, etc.
(Item No. 20, C.C.P., Feb. 5, 2002)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 107
Sched. Demo. - Property Located at 1313 Main St.
(CCP #84 -Jan. 8, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 108
Sched. Demo. - Property Located at 1313 Main St
(Permits)
(CCP #54 -Jan. 22, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 109
Restaurant Dancing Class III - 20 Allen
(Item No. 39, C.C.P., Feb. 19, 2002)
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 Paul H. Winter d /b /a Encore Enterprises of
Buffalo, Inc., located at 21) Allen.
Passed.
AYES -13- NOES -0
No. 110
Restaurant Dancing Class IV - 52 Chippewa West
(Item No. 40, C.C.P., Feb. 19, 2002)
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 IV
license to Charles Goldman d /b /a LaLuna, located at 52
West Chippewa.
Passed.
AYES -13- NOES -0
No. 111
Used Car Dealer License - 321 Hampshire
(Item No. 42, C.C.P., Feb. 19, 2002)
That pursuant to Chapter 254 of the City Code, the
Commissioner of Permit & Inspection Services be, and he
hereby is authorized to grant a Used Car Dealer license to
Roland Andrew, d /b /a Hot Spot Auto, located at 321
Hampshire upon conditions set by the Fire Department.
Passed.
AYES -13- NOES -0
No. 112
Easements - Roswell Park Pedestrian Bridge
(Item No. 30, C.C.P., Feb. 5, 2002)
That the easements for a Roswell Park Pedestrian Bridge be
and they hereby are approved; and
That the Commissioner of Public Works, Parks & Streets be,
and he hereby is authorized to enter into an easement
agreement with Roswell Park Cancer Institute (New York
State Dormitory Authority) for an air right easement for a 14'
clearance required for the pedestrian connector bridge on N.
Oak Street.
Passed.
AYES -13- NOES -0
No. 113
Bailey Avenue, Seneca and Elk Streets - Pipeline within
Right -of -Way
(Item No. 23, C.C.P., Feb. 5, 2002)
Mr. Fontana moved that the above item be recommitted to
the Committee on Legislation.
ADOPTED.
No. 114
Exxon Mobil Line Co.- Bailey, Seneca & Elk Sts.
- Underground Pipe Eric. (Plan. Bd)
(CCP #10 -Feb. 19,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 115
D. Hohn - Roswell Pk.- Aband. -N. Oak St. Betw.
Carlton /High Sts.
(CCP# 10 1 -June 26, 0 1)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 116
D. Scully -Bflo. Med. Grp - Aband. /S ale -Port. of N. Oak St.
betw. Carl /High
(CCP #104 -June 26, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 117
Traffic Study- Mainffgh Med, Corr. /Fruitbelt Comm. (PW)
(CCP #36 -Oct. 16, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 118
M. Martino -Info. -Modem Disposal Services Inc.
(CCP #68 -Feb. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
Community Development
(Antoine M. Thompson, Chairman)
No. 119
A. Thompson -NYS Dept. of Env. Cons. -NYS Toxic
Release Inventory
(CCP #73 -Feb. 19, 02)
Mr. Thompson moved that the above item be recommitted to
the Committee on Community Development
ADOPTED
No. 120
A. Thompson -NYS Dept. of Env. Cons. -Spec.
Rpt.- Inactive Haz. Waste Site -COB
(CCP #74 -Feb. 19, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 121
Transfer of Title, Urban Homestead - 34 Tenth Street
(Item No. 14, C.C.P., Feb. 19, 2002)
That the city -owned property commonly known as 34 Tenth
Street, is hereby designated as Homestead Property, and
that the Mayor be, and he hereby I s authorized to execute a
deed transferring said property to Mrs. Aurea Colon, residing
at 36 Tenth 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. 122
E. Crotty -NYS Inactive Haz Waste Disposal Site
Remedial Plan FY 2000 -01
(CCP #71 -Jan. 22, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 123
Sched Demo Prop Located at 1313 Main St ( Strat. Plan)
(CCP #7 -Jan. 22, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
Education
(Charley H. Fisher, III, Chairman)
No. 124
JSCB Workgroup on Finances, Accounting and
Budgeting (Compt)
(CCP #21 -Dec. 26, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 125
C. Fisher - Jessie Ketchum Mem. Fund Ann. Awards
Prog. /Ann. Mtg.
(CCP #60 -Feb. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 126
Arc & Comm. -Req. Ext. of Bid Date -Bflo. Dist.
Wide Tech. -Phase 2 Proj. (CP)
(CCP #26 -Feb. 19, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
SPECIAL COMMITTEES
BUDGET COMMITTEE
ROSEMARIE LOTEMPIO, CHAIRPERSON
NO. 127
TAX LEVYING MARGIN -DEPT. APPROP. -PROP TAX
LEVIES (A &F)
(CCP #70 -MAR. 20, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 128
VAR. ITEMS REL. TO COB FINANCIAL CRISIS- COMPT.
NANULA
(CCP #2 -NOV. 2, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 129
STATUS OF CASH PROJECT (COMPT)
(CCP #13 -NOV. 27, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 130
CASH FLOW PROJECTIONS (COMPT)
(CCP# 14 -JAN. 22, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 131
CLARIFICATION OF BPS LETTER OF NOV. 5, 2001
(COMPT.)
(CCP #26 -NOV. 13, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 132
MOODY'S INVESTOR'S SERVICE LETTER RE: GEN.
OBL. BONDS (COMPT)
(CCP #28 -NOV. 13, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 133
STATE COMPT.- REVIEW OF COB /SCHOOL DIST.
TRANSACTIONS (COMPT.)
(CCP #31 -NOV. 13, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 134
BD. OF ED. SALARY ACCT. RECONCILIATION FY
2000 -01 (COMPT.)
(CCP# 11 -NOV. 27, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 135
R. LOTEMPIO -A. FORTI - SCIARRINO -PRIM. GOVT. FIN.
STATE M E NTS -CO B- 6/30/01
(CCP #63 -FEB. 19, 02)
That the above item be and the same hereby is referred to
the Special Committee on Regional Governance.
ADOPTED
NO. 136
R. LOTEMPIO -A. FORTI- SCIARRINO- TRANSACTIONS
DUE FROM EC- 6/30/01
(CCP #64 -FEB. 19, 02)
That the above item be and the same hereby is referred to
the Special Committee on Regional Governance.
ADOPTED
NO. 137
VAR. ITEMS REL. TO COB FINANCIAL CRISIS - BUDGET
DIRECTOR
(CCP #4 -NOV. 2, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 138
DRAFT CASH MANAGEMENT APPROACH TO ENSURE
FISCAL INTEGRITY (A &F)
(CCP #42 -NOV. 27, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 139
SUPP. INFO. -DATA FILED BY BF1O. PUBLIC SCHOOLS
(BD. ED.)
(CCP #60 -NOV. 13, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 140
BOARD OF EDUCATION - REVIEW OF CASH FLOW WITH
BANKS (COMPT)
(CCP #19 -DEC. 26, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 141
STATE COMPT. LETTER - EMPLOYER CONTR. TO STATE
RET. SYSTEMS (COMPT.)
(CCP #30 -OCT. 30, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED.
NO. 142
TRI -PARTY AGREEMENT (EXC. FINAL RESOLVE)
(CCP #156 -NOV. 27, 01)
That the above item be and the same hereby is referred to
the Special Committee on Regional Governance.
ADOPTED
NO. 143
SALARY PAY CUTS FOR ALL COB FULL TIME
EMPLOYEES -VOL. BASIS
(CCP# 123 -DEC. 11, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
STREETS SERVICES COMMITTEE
(CHARLEY H. FISHER, III, CHAIRMAN)
NO. 144
C. FISHER -J. BEAR CONCERNS SNOW REMOVAL
PROBLEMS
(CCP #73 JAN. 22, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 145
C. FISHER -J. BEAR CONCERNS -SNOW REMOVAL
PROBLEMS(PW)
(CCP #29 -FEB. 29, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 146
C. FISHER -D. BURDEN-"WALKABLE COMMUNITIES
(CCP #74 -JAN. 22, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 147
C. FISHER -G. ROSS - CONCERNS -LACK OF PLOWING
MICHIGAN AVE BTWN HIGH /CARL
(CCP #79 -JAN. 22, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 148
C. FISHER -MRS. COOPERWOOD -REQ. ASSIST. -SNOW
PLOWING ISSUES -6 RUSTIC PL.
(CCP #59 -FEB. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 149
C. FISHER -DR. REV. REID -REQ. PROP. SNOW
REMOVAL SURR. AREA OF CHURCH
(CCP #61 -FEB. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 150
R. WINKELMAN- GARBAGE COLLECTION SYSTEM
(CCP #76 -FEB. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
RESOLUTIONS
NO. 151
By: Mr. Coppola
CHILDREN'S HOSPITAL PARKING RAMP
Whereas: Kaleida Health has proposed relocating Children's
Hospital in an effort to consolidate their medical facilities;
and
Whereas: A study conducted in 2000 by Nulter Associates
of Rochester, New York, stated that a negative affect would
befall the surrounding area if Children's Hospital would be
removed from its current location; and
Whereas: One of the many items of concern is the affect
this relocation would have on the Children's Hospital Parking
Ramp; and
Whereas: In a study made by the City of Buffalo's parking
consultant, dated September 22, 1971, (C.C.P. #18, Oct. 5,
1971), Wilbur Smith and Associates determined that there
was a need for a public parking facility to serve the needs of
Children's Hospital; and
Whereas: On May 29, 1973, the City of Buffalo authorized a
bond resolution for $3.357 million dollars for the construction
of the Children's Hospital Parking Ramp. In 1992, a major
reconstruction of the ramp took place; and
Whereas: The original debt on the construction is about
$926,000, while the reconstruction in 1992 has a debt
balance of $1,520,000 that runs through the year 2012; and
Whereas: Many questions have been raised concerning the
ramp and its debt should Children's Hospital close or
relocate;
Now,Therefore, Be It Resolved:
That the Board of Parking report to this Council what would
happen to the Children's Hospital Ramp and the debt
associated with it should Children's Hospital close or be
relocated; and
Be it Further Resolved:
That the Board of Parking files with this Common Council,
what the projected losses of parking revenues would be and
how that would affect the outstanding bonds that need to be
repaid during the next 10 years should the Children's
Hospital building on Bryant Street be closed.
REFERRED TO THE COMMITTEE ON FINANCE, THE
BOARD OF PARKING AND THE COMPTROLLER
NO. 152
By: Mr. Coppola
SALARY ORDINANCE AMENDMENT
01 - COMMON COUNCIL
1003 - LEGISLATIVE
The Common Council of the City Of Buffalo does ordain as
follows:
That part of Section 1 of Chapter 35 of the Code of the City
of Buffalo, relating to 01 - Department of Common Council -
10 13 Legislative, which currently reads:
2 Legislative Assistants $32,962
Is hereby amended to read:
1 Legislative Aide $28,800
1 Senior Legislative Assistant $37,124
IT IS HEREBY CERTIFIED, pursuant to Section 3 -19 of the
Charter, that the immediate passage of the foregoing
ordinance is necessary.
CHARLES L. MICHAUX III, CITY CLERK AND, JAMES B.
MILROY, DIRECTOR OF BUDGET, hereby certify that the
above change is necessary for the proper conduct,
administration and performance of essential services of that
department. We recommend that the compensation for said
position be fixed at the respective amount set forth in the
foregoing ordinance.
APPROVED AS TO FORM
Michael B. Risman
Corporation Counsel
PASSED.
AYES -13. NOES -0.
NO. 153
By: Mr. Coppola
SALARY ORDINANCE AMENDMENT
37 - DIVISION OF WATER
VARIOUS DEPARTMENTS
The Common Council of the City Of Buffalo does ordain as
follows:
That part of Section I of Chapter 35 of the Code of the City of
Buffalo, relating to 37 Division of Water, Various
Departments, which currently reads:
1360 - INSPECTION & METER READING
9 Meter Reader $26,562-$30,010
1372 - DISTRIBUTION
2.5 Caulker $ 31,365 - $ 36,559
1381 - SERVICE AUTOMOTIVE
1 Motor Equipment Maintenance
Supervisor 1
$ 28,416 - $ 32,250
Is hereby amended to read:
1360 - INSPECTION & METER READING
9 Meter Reader $ 26,562 - $ 30,010
1 Meter Reader — Temporary $ 26,562
—$30,010
1372 - DISTRIBUTION
2.5 Caulker $ 31,365 - $ 36,559
2 Caulker — Temporary $31,365-
$ 36,559
1381 - SERVICE AUTOMOTIVE
2 Motor Equipment Maintenance
Supervisor 1
$ 28,416 - $ 32,250
JOSEPH N. GIAMBRA, COMMISSIONER PUBLIC WORKS,
PARKS & STREETS AND JAMES B. MILROY, DIRECTOR
OF BUDGET, hereby certify that the above change is
necessary for the proper conduct, administration and
performance of essential services of that department. We
recommend that the compensation for said position be fixed
at the respective amount set forth in the foregoing ordinance.
APPROVED AS TO FORM
Michael B. Risman
Corporation Counsel
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 154
BY: MRS. GRANT
BOND RESOLUTION
$1,000,000 BONDS
HANDICAPPED ACCESS, VARIOUS SCHOOLS
ACCOUNT 7900
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $1,000,000 School Bonds of said City to
finance the costs of partial reconstruction of various School
buildings to provide for handicapped access, at the
estimated maximum cost of $1,000,000.
The Common Council of the City of Buffalo, in the County of
Erie, New York, hereby resolves (by the favorable vote of not
less than two - thirds of all the members of said Common
Council) as follows:
Section 1. The Comptroller of the City of
Buffalo, in the County of Erie, New York, is hereby
authorized and directed to issue School Bonds of said City in
the principal amount of One Million Dollars ($1,000,000),
pursuant to the provisions of the Charter of said City and the
Local Finance Law, constituting Chapter 33 -a of the
Consolidated Laws of the State of New York (the "Law "'); to
finance the cost of partial reconstruction of various School
buildings to provide for handicapped access. The estimated
maximum cost of said class of objects or purposes for which
the bonds authorized by this resolution are to be issued,
including preliminary costs and costs incidental thereto and
the financing thereof, is $1,000,000 as set forth in the duly
adopted 2002 Capital Improvements Budget of said City, as
amended.
Section 2. The proceeds of the sale of
the bonds authorized by this resolution, or any bond
anticipation notes issued in anticipation of the sale of said
bonds shall be deposited in the Capital Projects Fund to the
credit of the Board of Education, "Handicapped Access,
Various Schools ", Bond Authorization Account No. 7900,
and shall be used for the class of objects or purposes
specified in Section I of this resolution.
Section 3. The City intends to finance,
on an interim basis, the costs or a portion of the costs of said
improvements for which bonds are herein authorized, which
costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of
$1,000,000. This Resolution is a declaration of Official Intent
adopted pursuant to the requirements of Treasury
Regulation Section 1. 150 -2.
Section 4. The following additional matters are hereby
determined and stated:.
(a) The period of probable usefulness
for the class of objects or purposes for which the bonds
authorized by this resolution are to be issued, within the
limitations of Section 11. 00 a. 97 of the Law, is thirty (30)
years.
(b) Current funds are not required by the
Law to be provided as a down payment prior to the issuance
of the bonds authorized by this resolution or any bond
anticipation notes issued in anticipation thereof in
accordance with Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized
by this resolution and any bond anticipation notes issued in
anticipation of the sale of said bonds and the renewals of
said notes shall contain the recital of validity prescribed by
Section 52.00 of the Local Finance Law. Said bonds and
said notes shall be general obligations of the City of Buffalo
payable as to both principal and interest by a general tax
upon all the taxable real property within said City without
limitation as to rate or amount. The faith and credit of said
City are hereby irrevocably pledged for the punctual
payment of the principal of and
interest on said bonds and said notes. Provision shall be
made annually by appropriation by said City for the payment
of interest on and for the amounts required for the
amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds
authorized by this resolution or any bond anticipation notes
issued in anticipation of the sale of said bonds may be
contested only if:
(a) Such obligations are authorized for an object or purpose
for which the City of Buffalo is not authorized to expend
money, or
(b) The provisions of law which should be complied with at
the date of the publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such
publication, or
(c) Such obligations are authorized in violation of the
provisions of the constitution.
Section 7. This resolution shall take effect immediately.
Introduced:
Message of Necessity
That pursuant to law, we do hereby certify that immediate
passage of the attached bond resolution is necessary for the
efficient conduct of City business.
ANTHONY A. MASIELLO
Mayor
ANTHONY R. NANULA
Comptroller
PASSED.
AYES -13. NOES -0.
Special Committees
BUDGET COMMITTEE
(Rosemarie LoTempio, Chairperson)
No. 155
By: Ms. Grant:
Bond Resolution
$6,500,000 Bonds
Planning Improvements -JSCB
Schools Reconstruction
Account No. 3000 -03
Bond Resolution of the City of Buffalo, New York, authorizing
the application of $1,000,000 County funds and the issuance
of $6,500,000 School Bonds of said City to finance the cost
of planning the reconstruction of various City schools under
the auspices of the Joint Schools Construction Board, at the
estimated maximum cost of $7,500,000.
The Common Council of the City of Buffalo, in the County of
Erie, New York, hereby resolves (by the favorable vote of not
less than two - thirds of all the members of said Common
Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York (herein called "City "), is hereby
authorized and directed to issue School Bonds of said City in
the principal amount of Six Million Five Hundred Thousand
Dollars ($6,500,000), pursuant to the provisions of the
Charter of said City and the Local Finance Law, constituting
Chapter 33 -a of the Consolidated Laws of the State of New
York (the "Law "), to finance the cost of planning the
reconstruction of various City schools under the auspices of
the Joint Schools Construction Board, including architectural
and engineering services. The estimated maximum cost of
said specific object or purpose for which the bonds
authorized by this resolution are to be issued, including
preliminary costs and costs incidental thereto and the
financing thereof, is $7,500,000 as set forth in the duly
adopted 2002 Capital Improvements Budget of said City, as
amended. Funds expected to be received from the County of
Erie in the amount of $1,000,000 are authorized to be
applied towards the cost of said specific object or purpose.
Section 2. The proceeds of the sale of the bonds authorized
by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds, shall be deposited in
the Capital Projects Fund to the credit of the Executive
Department, Division of Strategic Planning, "Joint School
Construction Board Management, Planning and SEAR,
2002 ", Account No. 3000 -03, and shall be used for the
purpose specified in Section I of this resolution.
Section 3. The City intends to finance, on an interim basis,
the costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of
$6,500,000. This resolution is a declaration of Official Intent
adopted pursuant to the requirements of Treasury
Regulation Section 1. 150 -2.
Section 4. The following additional matters are hereby
determined and stalled:
(a) The period of probable usefulness for the specific object
or purpose for which the bonds authorized by this resolution
are to be issued, within the limitations of Section 11.00 a. 62
(2nd) of the Law, is five (5) years.
(b) Current funds are not required by the Law to be provided
as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes
issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity as prescribed by Section 52.00
of the Local Finance Law. Said bonds and said notes shall
b,— general obligations of the City of Buffalo payable as to
both principal and interest by general tax upon all the taxable
real property within said City without limitation as to rate or
amount. The faith interest on said bonds and said notes.
Provision shall be made annually by appropriation by said
City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds
and said notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds may be contested only
if:
(a) Such obligations are authorized for an object or purpose
for which the City of Buffalo is not authorized to expend
money, or
(b) The provisions of law which should be complied with at
the date of the publication of this resolution are not
substantially complied with, and an action, suit or proceeding
contesting such validity, is commenced within twenty days
after the date of such publication, or
(c) Such obligations are authorized in violation of the
provisions of the constitution.
Section 7. This resolution shall take effect immediately.
PASSED
AYES -13- NOES -0
No. 156
By: Ms. Grant:
Subject: (type single space
Bond Resolution
$8,500,000 Bonds
Addition to & Reconstruction of P.S. 89
Account 7900
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $8,500,000 School Bonds of said City to
finance the costs of construction of an addition to and partial
reconstruction of Public School No. 89, at the estimated
maximum cost of $8,500,000.
The Common Council of the City of Buffalo, in the County of
Erie, New York, hereby resolves (by the favorable vote of not
less than two - thirds of all the members of said Common
Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the
County of Erie, New York, is hereby authorized and directed
to issue School Bonds of said City in the principal amount of
Eight Million Five Hundred Thousand Dollars ($8,500,000),
pursuant to the provisions of the Charter of said City and the
Local Finance Law, constituting Chapter 33 -a of the
Consolidated Laws of the State of New York (the "Law "); to
finance the costs of construction of an addition to and partial
reconstruction of Public School No. 89 in the City. The
estimated maximum cost of said specific object or purpose
for which the bonds authorized by this resolution are to be
issued, including preliminary costs and costs incidental
thereto and the financing thereof, is $8,500,000 as set forth
in the duly adopted 2002 Capital Improvements Budget of
said City, as amended.
Section 2. The proceeds of the sale of the bonds authorized
by this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds shall be deposited. in
the Capital Projects Fund to the credit of the Board of
Education, "Addition to and Partial Reconstruction of Public
School 89 ", Bond Authorization Account No. 7900, and shall
be used for the specific object or purpose specified in
Section 1 of this resolution.
Section 3. The City intends to finance, on an interim basis,
the costs or a portion of the costs of said improvements for
which bonds are herein authorized, which costs are
reasonably expected to be incurred by the City, pursuant to
this Bond Resolution, in the maximum amount of
$8,500,000. This Resolution is a declaration of Official Intent
adopted pursuant to the requirements of Treasury
Regulation Section 1. 150 -2.
Section 4. The following additional matters are hereby
determined and stated:.
(a) The period of probable usefullness for the specific object
or purpose for which the bonds authorized by this resolution
are to be issued, within the limitations of Section 11.00 a.97
of the Law, is thirty (30) years.
(b) Current funds are not required by the Law to be provided
as a down payment prior to the issuance of the bonds
authorized by this resolution or any bond anticipation notes
issued in anticipation thereof in accordance with Section
107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution
and any bond anticipation notes issued in anticipation of the
sale of said bonds and the renewals of said notes shall
contain the recital of validity prescribed by Section 52.00 of
the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both
principal and interest by a general tax upon all the taxable
real property within said City without limitation as to rate or
amount. The faith and credit of said City are hereby
irrevocably pledged for the punctual payment of the principal
of and
interest on said bonds and said notes. Provision shall be
made annually by appropriation by said City for the payment
of interest on and for the amounts required for the
amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in
anticipation of the sale of said bonds may be contested only
if:
(a) Such obligations are authorized for an object or purpose
for which the City of Buffalo is not authorized to expend
money, or
(b) The provisions of law which should be complied with at
the date of the publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such
publication, or
(c) Such obligations are authorized in violation of the
provisions of the constitution.
Section 7. This resolution shall take effect immediately.
Message of Necessity
That pursuant to law, we do hereby certify that immediate
passage of the attached bond resolution is necessary for the
efficient conduct of City business.
PASSED
AYES -13- NOES -0
By: Mrs. Grant
No. 157
Increased Appropriation
Department of Police
That, Pursuant to §20 -11 of the Charter and the Certificate of
the Mayor and the Comptroller submitted to the Common
Council, the appropriation in the budget for the current fiscal
year for Appropriation Allotments Department of Police -
Office of the Commissioner - Printing and Binding, be and
the same hereby is increased in the sum of $18,000.
That, the comptroller be and hereby is authorized and
directed to increase the revenue estimate of account:
From:
10200030 - 364000 - Department of Police General City
Revenue
- Deposit of Unclaimed Property
$18,000
To meet the increased appropriation as set forth below:
To:
12000006 - 364000- Office of the Commissioner - Printing &
Binding $18,000
PASSED
AYES -13- NOES -0
RESOLUTION
No. 158
By: Ms. Grant
Creating a Multi- Cultural Center at War Memorial
Auditorium
'Whereas: Buffalo is one of the most diverse cities in the
United States with a natural base of various Native American
nations, that over the years has grown with the inclusion of
all ethics group.
And
Whereas: Individuals from each of these ethnic groups have
settled in the area and contributed much to the social,
economic and moral society that could be called Buffalo's
Culture; and
Whereas: There is no comprehensive entity or institution
anywhere in the city where any member of the above named
groups can go to observe an A learn about the many
different cultures of all of Buffalo citizens in a single
encompassing place or building; and
Whereas: The War Memorial Auditorium is currently vacant
and is large enough to accommodate such a project; is
centrally located to be accessible for all residents in all parts
of the city, and discussions about future potential use for the
building involving Cordish Communications has fallen
through;
Now, Therefore, Be It Resolved:
That this Common Council requests that a serious dialogue
begin between the city's officials and the business
community to study the feasibility of this project.
Be It Further Resolved:
That copies of this resolution be sent to the Mayor's office,
Office of Strategic Planning, Buffalo Place, and Buffalo
Niagara Enterprise for a written response.
Be It Finally Resolved:
That all responses are filed with this honorable body for
further discussion.
PASSED
AYES -13- NOES -0
BY: Mrs. LoTempio
No. 159
Subject: Home Rule Message - S.6215/A.2149 -A: Sale of
Bonds and Notes By the City of Buffalo
Whereas: There has been introduced in the New York State
Legislature Senate Bill S.6215/A.2149 -A, "An act to amend
local finance law, in relation to the sale of bonds and notes
of the City of Buffalo "; and
Whereas: The purpose of this Bill is to extend for one year a
funding mechanism used by the city for projects requiring
immediate attention; and
Whereas: This Act amends Section 54.30 of the Local
Finance Law to extend the provisions of this section from
June 30, 2001 to June 30, 2002;
Now Therefore, Be It Resolved: That the City of Buffalo
hereby requests the enactment into law of Senate Bill
S.6215 and Assembly Bill A.2149 -A, "An Act to amend local
finance law, in relation to the sale of bonds and notes of the
City of Buffalo ", and
Be It Further Resolved: That the City Clerk is hereby
authorized and directed to certify passage of this resolution
and to send copies thereof to the Home Rule Counsel of the
Senate and the Assembly and to the members of the
Western New York delegation of the State Legislature.
ADOPTED
By: Mr. Pitts
NO. 160
RE: Oppose Plan to Cut the City of Buffalo's
Representation on the! Erie County Legislature
Whereas: The Eric County Legislature is presently made up
of 17 members, eight of whom represent the interests of the
residents of the City of Buffalo; and
Whereas: A plan to reduce the number of Legislators to 15,
eliminating the 4'h & 5 th Districts, has been proposed. This
would mean cutting two City of Buffalo representatives and
increasing district sizes from 5 5, 898 to 63, 3 5 1; and
Whereas: This proposed cut of two Legislators would
actually mean the City of Buffalo would have five less
representatives than it did just a generation ago. In 1980,
three City of Buffalo members were eliminated under the
Erie County reapportionment plan that was adopted that
year; and
Whereas: The City of Buffalo is the core of Erie County, and
the City of Buffalo must be strengthened if Erie County is to
prosper in the long run. Reducing the representation of City
residents and businesses, at a time when they need more
resources and stronger representation, would be a critical
mistake; and
Whereas: In addition, Buffalo's minority population, which is
notoriously underrepresented in the census count, which has
gown substantially in the last decade, and which presents
the greatest need for constituent services, would be
especially hard hit by the loss of two representatives; and
Whereas: An alternative plan has been reviewed by
members of the Legislature and it is clear that there are
other, more reasonable ways to approach redistricting a
County that has lost only 1.9% in population over the last
year;
Now, Therefore, Be It Resolved:
That, on behalf of the residents of the City of Buffalo, this
Common Council does hereby oppose the elimination of any
Erie County Legislative Districts which represent the
interests of the residents of the City of Buffalo; and
Be It Further Resolved:
That the City Clerk be directed to send certified copies of this
resolution to all members of the Erie County Legislature and
to County Executive Joel A. Giambra.
ADOPTED
Mr. Pitts
No. 161
Subject -. AUTHORIZING CONVEYANCE BY THE BN4HA
OF THE THIRD PHASE OF FREDERICK DOUGLASS
TOWERS REDEVELOPMENT
Whereas: in 1996 the Common Council approved the City's
entry into a settlement of the Comer v. Cisneros housing
discrimination action,
settling claims by a class of African - American residents of
the City against (among others) the City and the Buffalo
Municipal Housing
Authority ( "BMHA "); and
Whereas: among the terms of the settlement of the (Omer
action, the City and the BMHA committed to redevelop
certain real property and improvements commonly known as
the Frederick Douglass Towers
housing project, located at Clinton Street and Jefferson
Avenuein
the City of Buffalo, County of Erie, New York, which
originally consisted of approximately six hundred
ninety -seven (697) residential rental units situated in twelve
(12) seven -story towers (the "Overall Project "); and
Whereas: the Common Council has heretofore approved (1)
a redevelopment plan for the Overall Project; and (ii) the
conveyance by the BMHA of the land and improvements
comprising the first and second phases of the
redevelopment of the Overall Project, all pursuant to
Resolution number 184 of the Common Council of
December 14, 1999, and Resolution number 191 of the
Common Council of December 12, 2000, respectively, and;
Whereas: the third phase of such redevelopment
contemplates the demolition of six (6) towers and the new
construction of approximately forty (40) to sixty (60)
residential units for persons and families of low income
( "Phase 111 "); and
Whereas: the assistance of private enterprise and the
infusion of private capital are essential components to such
redevelopment and the success and long -term viability of the
Phase III project; and
Whereas: the BMHA has indicated that the conveyance of
the land and improvements comprising Phase III project by
the BMHA to one or more to -be- formed limited partnerships
or limited liability companies is necessary in order to
accomplish the proposed redevelopment and to obtain the
benefits of federal low- income housing tax credits and a
resulting infusion of private capital, and
Whereas: Chapter 87 of the Laws of 2000 of the State of
New York (the "Act ") provides that the BMHA, upon approval
of the New York
State Commissioner of Housing and Community Renewal
and the
Common Council of the City of Buffalo, may sell or lease! the
Overall Project or a portion thereof upon such terms and
conditions
as it deems appropriate and in compliance with the Act; and
Whereas: the City of Buffalo, the BMHA, the State of New
York, and the Buffalo Sewer Authority have heretofore
entered into a certain
Contract for Loan and Subsidy pertaining to the Overall
Project
dated as of December 10, 195 1, as amended and
consolidated
pursuant to a Consolidation Contract for Loan and Subsidy
dated
March 20, 1961, and as last amended pursuant to a Contract
for
Loan and Subsidy Amendment dated as of December 19,
2000 (the
"Contract "); and
Whereas: the BMHA has requested that the Contract be
amended in
connection with the redevelopment of Phase I II;
Now Therefore Be It Resolved That:
The sale or lease of the land and improvement comprising
Phase III by the BNMA to one or more to -be- formed limited
partnerships or limited liability companies designated by it is
hereby authorized and approved, which conveyance shall be
upon such terms and conditions as the BMEA may deem
appropriate in compliance with the Act; and it is
Further Resolved That:
The Contract for Loan and Subsidy Amendment (the
"Amendment ") attached hereto and made a part hereof is
hereby approved, and the Mayor of the City of Buffalo is
hereby authorized to execute such Amendment in form and
substance substantially similar to that attached; and it is
Further Resolved That:
The land and improvements comprising Phase III shall be
exempt from real property taxes in accordance with the
City's standard low- income housing real property tax
exemption policy; and it is
Further Resolved That:
The Mayor of the City be and hereby is authorized and
directed to take any and all actions and execute any and all
documents or instruments that may be necessary or
desirable to carry out the intent of the foregoing resolutions -,
and it is
Further Resolved That:
The foregoing resolutions shall take effect immediately.
PASSED
AYES -13- NOES -0
By: Mr. Pitts
NO. 162
Re: Request Emergency State Aid
Whereas: The Mayor of the City of Buffalo has developed a
Fiscal Reform plan to address the necessary measures to
close the 2001 -2002 current budget gap, prepare for the
May 1, 2002 -2003 Mayor's Recommended Budget, and to
Re- establish Cash
Reserves; and
Whereas: Some of the initiatives in this reform plan, such as
converting to the quint -midi fire truck system and one officer
patrol cars, are viewed by this Council as matters to be
determined through the Collective Bargaining Process with
the respective unions; and
Whereas: This Common Council has supported some
initiatives in the plan such as the elimination of 65 vacant
positions in an effort to save $2.2 million, and has made
tough decisions to approve controversial proposals such as
to increase the garbage user fee; and
Whereas: The consideration of lay -offs of the City of
Buffalo's essential personnel should come only as a absolute
last resort; and
Whereas: As the City of Buffalo, New York State's second
largest city, struggles for fiscal survival, we have been told
by the State of New York that there are no funds available to
help. The State of New York is finding money to bails -out the
NFTA ($10 million- money that they didn't even expect), and
making Casino gambling deals, which were negotiated in
secret without public hearings and without considering the
best interests of the City of Buffalo; and
Whereas: Emergency State Aid has become necessary to
the survival of the Buffalo; Now, Therefore, Be It Resolved:
That the Buffalo Common Council is hereby requesting
Emergency State Aid for the Fiscal survival of the City of
Buffalo; and
Be It Further Resolved: That certified copies of this
resolution be forward to Governor George E. Pataki, the
Clerk of the Assembly, the Secretary of the Senate and to
the members of the Western New York Legislative
Delegation.
ADOPTED
Resolution
By: Mr. Thompson
NO. 163
Subject: Inoperable Fire Hydrants
Whereas: The threat of a fire is a reality that the City of
Buffalo faces daily, especially on the City's East Side; and
Whereas: A proactive approach must be taken to limit the
commencement of fires as well as combating fires, to limit
personal as well as property damage; and
Whereas: In fire fighting, seconds could mean a loss of life;
and
Whereas: An unsuspected, inoperable fire hydrant would
cost valuable minutes in fire fighting; and
Whereas: The Masten District Council Office has received
and continues to receive numerous concerns about
inoperable fire hydrants from various block clubs in the
Masten District; and
Whereas: It has been reported to this office that there is a
total of 230 inoperable fire hydrants in the Masten District;
Now Therefore Be It Resolved: That the Department of
Public Works along with the Fire Department file with this
Common Council of the City of Buffalo a listing of all
inoperable and damaged fire hydrants in the Masten District;
and
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
COMMISSIONER OF PUBLIC WORKS, THE
COMMISSIONER OF FIRE AND AMERICAN WATER
WORKS
By: Mrs. Betty Jean Grant, Mr. Thompson, Mr. Brian
Davis
No. 164
SUBJECT: Set Public Hearing Tops Market Project -
Condemnation 370 & 372 Riley
Whereas: The City of Buffalo has acquired the bulk of the
required parcels for the construction of a Supermarket on
Jefferson and Landon Streets; and
Whereas: All required parcels have been acquired or under
contract of sale except 370 & 372 Riley Street; and
Whereas: The properties at 370 & 372 Riley have been
abandon by the owners. Efforts to locate the owners have
been exhausted; and
Whereas: The Corporation Counsel has advised that it
appears necessary to acquire the properties through
Eminent Domain to clear title, so the project can move
forward; and
Whereas: Article 2, Section 202 of the Eminent Domain
Procedure Law requires the Condemnor to set a public
hearing to inform the public and to review the public benefit
to be served by the proposed project and the impact on the
environment and residents.
Now, Therefore, Be It Resolved:
That the City Clerk is hereby directed to publish the notice
attached hereto and marked Notice of Hearing, in the Buffalo
News, no later than March 11 th , 2002 regarding the
condemnation of 370 & 372 Riley Street Tops Supermarket
Project. Said notice to be published for five consecutive
days.
Be it further resolved:
That the Common Council will conduct a Public Hearing on
the matter stated in said Notice of Hearing at 2:00 P.M. in
the Common Council Chambers on the 19th of March 2002.
ADOPTED
No. 165
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 Mrs. Elizabeth Triggs
By Councilmember Thompson & Davis
Felicitation for Mrs. Louise Bonner
By Councilmember Thompson, Pitts & Michaux III
Felicitation for Reverend Reid
By Councilmember Pitts, Thompson, Davis & Michaux III
ADOPTED.
BY: ANTOINE M. THOMPSON
No. 166
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 filing same with the City
Clerk.
AILEEN TARDIVO AARON J. MILLION
ADOPTED
NO. 167
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held
in the Common Council Chambers, 13t" floor City Hall,
Buffalo, New York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, March 12, 2002 at 9:30
o'clock A.M.
Committee on Finance Tuesday, March 12, 2002 at 10:00
o'clock A.M.
following Civil Service
Committee on Legislation Tuesday, March 12, 2002 at 2:00
o'clock P.M.
Committee on Comm. Dev. Wednesday, March 13, 2002 at
10:00 o'clock A.M.
Committee on Education Wednesday, March 13, 2002 at
2:00 o'clock P.M.
Special Committees
Budget Wednesday, March 6, 2002 at 10:00 o'clockA.M.
in Room 1417 City Hall.
MBEC Monday, March 11, 2002 at 10:00 o'clock A. \4. in
Room 1417 City Hall.
Bi- National Bridge Thursday, March 14, 2002 at 2:00 o'clock
P.M. in
Room 1417 City Hall.
Special Finance Committee Meeting Wednesday, March 6,
2002 at 1:00 o'clock P.M. in Room 1417 City Hall on
"Authorized But Unissued Capital Projects- Suggested
Removal From List"
Special Meeting on Master Plan for the Buffalo Zoo
Wednesday, March 6, 2002 at 2:00 o'clock P.M. in Room
1417 City Hall.
(Public Disclaimer): All meetings are subject to change and
cancellation 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.168
Adjournment
On a motion by Mrs. LoTempio Seconded by Mr. Fontana,
the Council adjourned at 3:50 pm
Board of Police and Fire Pension Proceedings #2
Office of the Mayor -201 City Hall
February 21, 2002
Present:; Anthony M. Masiello, Mayor; Maurice Garner,
Deputy Comptroller -2 Absent: James W. Pitts -I 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 February 2002 amounting to
$15,788.02 and respectfully request that checks be drawn to
the order of the persons named herein for the amounts
stated.
Adopted
Ayes -2. Noes -0.
No. 2
The! following annuitant was cancelled from the Fire Pension
Payroll:
Margaret David Died 2/11/02
Received and Filed.
No. 3
1 transmit herewith the Pension Payroll for the Police
Pension Fund for the month of February 2002 amounting to
$16,487.00 and respectfully request that checks be drawn to
the order of the persons named herein for the amounts
stated.
Adopted.
Ayes -2. Noes -0.
No. 4
On motion by Mr. Masiello, the City of Buffalo Police and
Fire Pension Board Meeting adjourned at 11:10 a.m.