HomeMy WebLinkAbout02-0219No. 4
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
February 19, 2002
MAYOR
Hon. Anthony M. Masiello
COMPTROLLER
Anthony Nanula
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
James W. Pitts
PRESIDENT PRO TEMPORE
Richard A. Fontana
MAJORITY LEADER
Rosemarie Lo Tempio
COUNCILMEMBERS -AT -LARGE
Beverly Gray
Charlie A. Fisher III
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
MARC A. COPPOLA - DELAWARE
BRIAN C. DAVIS - ELLICOTT
DAVID A. FRANCZYK- FILLMORE
RICHARD A. FONTANA - LOVEJOY
ANTOINE M. THOMPSON - MASTEN
DOMINIC BONIFACIO - NIAGARA
JOSEPH GOLOMBEK JR. - NORTH
MARY M. MARTINO - SOUTH
BETTY JEAN GRANT - UNIVERSITY
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Marc Coppola,
Chairman, Charley H. Fisher III, Joseph Golombek Jr., Mary
Martino, Antoine Thompson- Members
CLAIMS COMMITTEE: Mary M. Martino, Chairman,
Marc A. Coppola, Brian C. Davis, Richard Fontana, Betty Jean
- 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, (FEBRUARY 19, 2002)
AT 2:00 P.M.
PRESENT - James W. Pitts President of the Council,
and and Council Members Bonifacio, , Coppola, Davis,
Fisher, Fontana, Franczyk, Golombek Grant, Gray,
LoTempio, Martino, and Thompson - 13.
ABSENT — 0
On a motion by Mrs. LoTempio, seconded by
Mr.Fontana, the minutes of the stated meeting held on
February 5, 2002 were approved.
FROM THE MAYOR
NO. 1
MAYORS STATE OF THE CITY
Mayor Masiello's State of the City calls for a Re- engineered
Buffalo
"Fiscal plan outlines real problems, real solutions and real
results"
BUFFALO, NY (2/6/02) -Mayor Anthony M. Masiello addressed
nearly 500 guests at the Adam's Mark Hotel in his annual State
of the City Address sponsored by the Building Owners and
Manager's Association, Working for Downtown and the Rotary
organizations. In his 8d, address to members of the sponsoring
organizations, delegates from the New York State Legislature,
Erie County Legislature and Buffalo Common Council, the
Mayor stated that "Buffalo is at a critical juncture ".
The Mayor proceeded to outline items from his Fiscal Recovery
Plan that were released in December of 2001. The State of the
City addressed Buffalo's real financial problems that are
derived from static revenue sources that are trumped by
exploding expenses relative to city service delivery. " Buffalo is
bound by law to continually absorb outrageous costs we
cannot afford which; continue to grow, are completely
unrealistic and are based on work rules that pre- date -and
totally disregard the evolution of technology," Masiello told his
audience.
Pointing to the disparity between revenue collection and
expenses, the mayor informed the packed audience "keep in
mind 39% of our property is tax exempt, Albany gets a
Payment in Lien of Taxes, Buffalo does not and the budget
problems would've been worse without the user fee, "the
mayor explained. "A lot of people think living within our means -
means relying solely on the property tax But only 21 cents of
each $1 raised is through property tax Property taxes account
for less and less of our total revenue, " the mayor commented.
In his speech Masiello pointed out that unless partners in
government, unions and the private sector enact his plan,
Buffalo would not prosper. "Of the $130 million we raise in
property taxes, $67 million - more than half - goes directly to
the Board of Education, leaving us with only $63 million to run
the city itself. That's not enough to pay for our Police
Department, " the mayor exclaimed.
The Mayor identified the City's major cost centers as Police,
Fire and fringe benefits. Assisted by bar- graphs and pie charts
the "professorial mayor " showed the real problems by
articulating the city's $63 million from the tax levy versus $72
million dollars without fringe benefits needed to operate the
Police Department His Honor pointed out the skyrocketing cost
of benefits to city employees and challenged city employees to
contribute more to their pensions. "Health care costs have
more than doubled since 1 became Mayor. Up from $20 million
in. 1994 to $42 million next year. How much more can we
possibly absorb? With Police and Fire accounting for 43
percent of our total budget, wholesale change cannot occur in
our City unless and until moor changes are made in the Police
and Fire Departments, " the mayor stated.
The Mayor re- stated the goals of his Fiscal Recovery Plan to
close the current year budget gap (which is a little under $7
million), close next year's projected $40 million gap and
establish cash reserves to reduce the need for cash flow
borrowing.
The Mayor's address calls for wholesale change in the
business of City government through work rule changes,
consolidations, privatization and inter - municipal agreements
and reduction in the workforce. "My re- engineering plan will
modernize city government and make Buffalo leaner, stronger
and more efficient. Pittsburgh, Milwaukee, Toledo and St.
Louis have done it, we will do it also. " Masiello stressed the
need for partners in both the public and private sector.
"Permanent friends or enemies are irrelevant when permanent
issues destroy them both," Masiello said. "The State
Legislature must give me the reform 1 have continued to ask
for. It's amazing that 1 get criticized for bringing our money
PROCEEDINGS
home In lieu of reform, now 1 can't get money or reforn4 "the
mayor commented.
The Mayor continued his partnership theme calling on the
County Executive to expedite his city county service agenda. "1
believe we have an opportunity to demonstrate realistic
regionalism, 1 am confident the County Executive willfully
participate" the mayor stated. The Buffalo Common Council will
be major players in Masiello's re- engineering strategy; the
Mayor will deliver his revolutionary budget to the Council by law
on May 1, 2002. "The Council has been with me so far, they
are aware of the issues and will conduct the people's business
responsibly, " the mayor commented.
The Mayor concluded his remarks by pointing out the real
results are manifesting. "The Joint School Construction Board
program to rebuild our schools and neighborhoods is real, We
have just completed a careful selection process to bring on
board the Ciminelli Team as our partner, to leverage private
sector resources and opportunities, so that our scarce
construction dollars go further and do more. Adelphia is real.
840 jobs today, another 260 on the way Bioinformatics is real "
the mayor stressed.
"Let me get this off my chest 1 believe in my heart that we are
going to solve this problem. Buffalo is a place where roots run
deep and values still count. It will be hard, but 1 am convinced
that we will succee4 " the Mayor concluded.
RECEIVED AND FILED
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE BOARD OF PARKING
NO. 2
Addition to the Augspurger
Parking Ramp
At the Finance Committee meeting of January 29, 2002, we were asked to provide
The cost are as follows:
PER
CONST. COST SPACES SPACE
COST
Two level addition to Augspurger$5,650,786 364
$15,524
Six level addition at 352 Pearl
$3,683,000 208
$17,706
(36 spaces per floor)
Land Cost
$ 250,000
A & E Svcs.
933,378
10 % Contingency
933,378
$11,450,543 572
$20,018
The recommended program of acquiring both the existing
parking lot and the Hurst Building cost are as follows (including
construction cost, land cost, demolition and A & E services).
PER
TOTAL COST SPACES
$13,636.464 850
$16,042
1 believe that this alternative is very costly and inefficient. While
on the surface it saves $2,185,921, the loss of 278 cars which
could have been built for $7863 per car, still leads us to the
conclusion that the original recommendation is the most cost
effective.
A final note, Council Member -At -Large Fisher distributed
pictures of the ramp across the street from the Hurst Building,
showing the roof totally empty with no cars parked on it. I have
spoken to representatives of Allright Parking Bflo, Inc., the
operator of the ramp, and learned that the roof is closed to
parking due to structural concerns.
REFERRED TO THE COMMITTEE ON FINANCE
l9: l6] LriN9 .1 *o]99lN *o]grdkIPA40
NO. 3
Buffalo Weed and Seed Youth Opportunity Initiative Year
II funds
This is to advise the Honorable Common Council the funds
for Year 2 of the Buffalo Weed and Seed Program, in the
amount of $142,000.00 has been awarded to the City of
Buffalo.
This grant will allow Buffalo Weed and Seed to continue and
expand it mission in engaging youth as crime prevention
partners and in service learning activities in Buffalo's East and
West side„ (parts of Police District "B" and "C ") as prescribed
by our current U.S. Department of Justice Weed and Seed
Grant.
The Buffalo Weed and Seed Youth Opportunity Initiative will
examine the best practices of the Neighborhood Revitalization
aspects of the East Side Buffalo Weed and Seed program and
then duplicate those services to meet the needs of our West
Side target area as well as expand these ( services on the East
Side (FEC) target area. Identified components of the program
will include Neighborhood and Park Restoration, Youth
Volunteerism, Community Asset Mapping, Job Training and
Workforce Development. The Safe Havens model will be the
primary means of implementing our program. Coordinating
these efforts will be residents, youth, law enforcement and the
staff of the Weed and Seed office. In conjunction with other
initiatives already occurring in the target area, the program will
ensure that available Weed and Seed resources are being
used effectively to help meet the needs of the target population.
We are also requesting that Your Honorable Body also
authorize the Comptroller to provide for at interfund cash loan
for all items, totaling $142,000.00 as is our standard practice,
until such reimbursement is secured from the Department of
Labor and Buffalo and Erie County Work Force Development
Consortium. The loan would then be paid as the
reimbursement is sent to the City from the U.S. Department of
Labor and Buffalo and Erie County Work Force Development
Consortium under the Buffalo Weed & Seed Program. The
Weed and Seed Grant is a "reimbursable" program.
These funds will be used to conform to the guidelines of the
grant specified by the U.S Department of Labor and Buffalo
and Erie County Work Force Development Consortium.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
COMPTROLLER
No. 4
Monthly report from the Division of Citizen
Services (Mayor's Complaint Hot Line)
Attached is the monthly report from the Division of Citizen
Services for January 2002.
January produced a significant increase in the number of calls
due to weather related events and the quarterly billing of
garbage user fee notices.
December 2001 ended with the highest 5 day snow fall in the
city's history - over 7 feet and January 2002 ended with a
significant ice storm, that downed many trees and created
widespread power outages.
Subsequently, legal claims, snow plowing and informational
calls were much higher in January, when compared to
December.
Regarding the snow damage and / or plowing complaints; I met
with Mr. Risman, Corporation Counsel, and Mr. Giambra,
Commissioner of Public Works, Parks, and
Streets and the following procedure for investigating the
complaints was reached:
1. The division of Citizen Services forwarded all snow /plowing
complaints that it received (132 - listed in monthly report), to
the Law Department and the Department of Public Works,
Parks and Streets.
2. Representatives from Public Works and FEMA, visited
some of the complaint areas. The city is attempting to secure
FEMA dollars to help pay the costs of private damages, if
applicable.
3. Representatives from public works will assess the damage
complaints, weather permitting, over the next 30 days.
4. After damages are assessed, the law department and public
works, will advise citizen services concerning a response to the
132 complaints, especially the 9— complaints for private
property damage.
5. Total private damage claims, will exceed 97, since 41
homeowners were mailed claim forms and an undetermined
number of claims did not come through the Division of Citizen
Services.
Note: Claims related to the "ice storm" have not been totaled to
date, and they and unrelated to the FEMA disaster designation.
Finally, calls relating to the City's response to the two
catastrophic weather events, have been overwhelming positive
in giving the city's departments favorable comments on timely
responses and the quality of work accomplished.
I hope that this information is helpful to you.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE CITY PLANNING BOARD
NO. 5
Union Ship Canal
Final GEIS
Item No. 135, C.C.P. 2/5/2002
The City Planning Board at its regular meeting held
Tuesday, February 12, 2002, considered the matter captioned
above pursuant to Section 317.1 of the Buffalo Code, Referable
Matters to the City planning Board.
The project sponsors for the re- development of the Union Ship
Canal have submitted to the Common Council the Final GEIS
and the start of the 30 day public comment period for involved
and interested parties.
The Planning Board voted to communicate to the Council that it
appears that the previous comments, by the Planning Board,
regarding the Union Ship Canal are not incorporated into the
Final GEIS and that this should be corrected. As of date of this
memo a supplement to the Final GEIS has been distributed to
all parties to correct the omission.
ADOPTED
NO. 6
266 Hopkins St.
Modern Disposal Service
Item No. 68, C.C.P. 2/5/2002
The City Planning Board at its regular meeting held
Tuesday, February 12, 2002, considered the matter captioned
above pursuant to Section 317.1 of the Buffalo Code Referable
Matters to the City planning Board.
A proposal exists from Modern Disposal Service to use 266
Hopkins Street as a solid waste transfer station.
The Planning Board voted to receive and file this item and
communicate to the Council that any requests for this operation
should commence in the permit office.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 7
B. Jakubik
346 Hopkins St.
Used Car Sales
Item No. 77, C.C.P. 2/5/2002
The City Planning Board at its regular meeting held
Wednesday, February 12, 2002, considered the matter
captioned above pursuant to Section 511 -67 of the Buffalo
Code, Buffalo Coastal Special Review District.
The applicant seeks to add a used auto sales operation to and
existing repair station located at 346 Hopkins Street.
The Planning Board voted to approve the proposed used auto
sales operation with the following conditions: 1. No vehicles
displayed for sale shall be placed any closer than two (2) feet to
the existing sidewalks or property right -of -way, which ever is
greater; 2. A minimum 81 in length x 61 deep landscaped area
be constructed at the corner of the property located at Tift and
Hopkins Streets; 3; Additional landscaped areas using the
islands on the site be created; 4; cars being serviced are to be
located near the building and not in the display areas; 5. The
landscaping plan be approved by Planning Board staff.
RECEIVED AND FILED
NO. 8
Holly Farms Grocery Store
281 E. Delavan Ave.
6' x 6' Projecting sign
Item No. 21, C.C.P. 12/21/2001
The City Planning Board at its regular meeting held
Tuesday, February 12, 2002, considered the matter captioned
above pursuant to Section 413 -67 of the Buffalo Code,
Encroachment regulations.
The applicant seeks to place an illuminated 6'x6' "ID" sign that
will hang perpendicular to the face of an existing store located
at 281 E. Delavan Avenue. The projecting sign will encroach
the right -of -way with approximately 111 of clearance from the
bottom of the sign to the sidewalk. Under SEQR the proposed
sign is considered an unlisted action which may be studied
through uncoordinated review.
The Planning Board voted to receive and file this application
since the Common Council has already approved this item at
their February 5, 2002 meeting.
RECEIVED AND FILED
NO. 9
New Refuge House
1460 E. Delavan Ave.
Accessory ground sign
Item No. 73, C.C.P. 2/5/2002
The City Planning Board at its regular meeting held
Tuesday, February 12, 2002, considered the matter captioned
above pursuant to Section 387 -19 of the Buffalo Code,
Application for billboard, ground or pole sign permits.
The applicant seeks to erect an illuminated 31 x5' accessory
ground "ID" sign at 1460 E. Delavan Avenue. Under SEQR the
proposed sign is considered an unlisted action which may be
studied through uncoordinated review.
The Planning Board voted to recommend approval of the
proposed accessory sign with the condition of the planting of
landscaping at the base of the sign.
RECEIVED AND FILED
NO. 10
Exxon Mobil Line Co.
Bailey, Seneca, & Elk Streets
Underground pipe encroachment
Item No. 23, C.C.P. 2/5/2002
The City Planning Board at its regular meeting held
Tuesday, February 12, 2002, considered the matter captioned
above pursuant to Section 413 -67 of the Buffalo Code,
Encroachment Regulations.
The applicant seeks to encroach the right -of -way with the
installation of underground pipe that will transport liquid
petroleum from one side of the street to the others at the
following locations: Bailey Ave. 650' N. of Seneca, Seneca St.
1501 W. of Bailey and Elk St. 4001 W. of Bailey.
The Planning Board voted to approve the encroachments with
the condition set by the Department of Public Works.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 11
Abandonment and Sale of
1196 Genesee (Former Precinct #12) to
Calvary Baptist Church
The Office of Strategic Planning, Division of Real Estate,
has received a letter from Calvary Baptist Church, renewing
their interest in acquiring the property located at 1996 Genesee
Street (former Precinct #12). The property consists of a brick
8,100 square foot, two story building and a smaller building
used for storage and a garage, situated on a lot 100'x 210'. The
Church intends to acquire the property for future church
expansion and parking.
In accordance with Article 27, Section 27 -5 of the City Charter
the Common Council must authorize the abandonment and
sale of the property. If the sale is authorized, the Church will be
required to retain two real estate appraisals, at their own
expense, for the purpose of establishing the value of the City's
interest in the property. The value of such interest In the
premises appraised shall be the amount of compensation to be
paid for the release and conveyance of said property by the
party making application for such appraisal.
I am recommending that Your Honorable Body authorize the
abandonment /sale of 1196 Genesee Street to Calvary Baptist
Church. The results of the appraiser's value and results of
negotiations will be filed with Your Honorable Body for final
approval.
Mrs. LoTempio Moved: That the above communication from the
Office of Strategic Planning dated February 5, 2002 be
received and filed; ant That the Common Council authorize the
abandonment of 1996 Genesee St(former Precent #1: to
Calvary Baptist Church and authorize the Director of Real
Estate to negotiate the sale of that property.
PASSED
AYES - 13 NOES -0
NO. 12
Results of Negotiations
Sale of City Property to
the Buffalo Urban Renewal Agency
The office of Strategic Planning, Division of Real Estate, has
received a request from the Buffalo Urban Renewal Agency to
purchase the following properties acquired by the City of
Buffalo through tax foreclosure:
ADDRESS ASSESSED
VALUATION
1. 844 Main Street -a 6,600 square foot three story
brick building, situated on a lot 201 x 1151
$116,100
2. 846 Main Street -a 9,600 square foot three story
brick building, situated on a lot 40, x 115,
136,900
3.854 Main Street -a 4,800 square foot three story
brick building, situated on a lot 251 x 1151
119,500
4. 858 Main Street -a 3,100 square foot two story
brick building, situated on a lot 441 x 1151
95,000
5. 864 Main Street - a 5,400 square foot three story
brick mansion, situated on a lot 50'x 131'
200,000
6. 878 Main Street - a 5,000 square foot three story
brick mansion, situated on a lot 501 x 125' 35,000
7. 888 Main Street - a 6,700 square foot two story
brick building, situated on a lot 401 x 1311
65,000
Total Assessed Valuation: $767,500
The Buffalo Urban Renewal Agency has offered to purchase
the above properties for their assessed values for a combined
total of Seven Hundred Sixty Seven Thousand Five Hundred
Dollars, ($767,500). The Buffalo Urban Renewal Agency will
market the properties and enter into agreements with eligible
redevelopers.
I am recommending that Your Honorable Body approve the sale
of the above mentioned properties to the Buffalo Urban
Renewal Agency in the amount of Seven Hundred Sixty Seven
Thousand Five Hundred Dollars, ($767,500). 1 am further
recommending that the Corporation Counsel prepare the
necessary documents for the transfer of title and that the Mayor
be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 13
Result of Negotiations
322 Fillmore, 341 S Olga
Lot Size: 31'x 114'
Assessed Valuation: $1,600
The Office of Strategic Planning, Division of Real Estate has
received a request to purchase the above property from Mr.
John Pasternak, 318 Fillmore Avenue, Buffalo, New York
14206. Mr. Pasternak owns and resides at the two family home
at 318 Fillmore and also owns a vacant lot at 320 Fillmore. His
plans are to extend his property line to include all three parcels,
which adjoin each other.
The Office of Strategic Planning and the Division of Collections
have no objection to the sale. There are no outstanding taxes,
building code violations or other liens owed to the City by the
purchaser.
An independent appraisal of the property was conducted by
Richard Bronstein of Bronstein Auctioneers Corporation, 3666
Main Street, Buffalo, New York 14226. He has estimated the
value of the property to be One Thousand Dollars ($1,000),
Forty cents (.40) a square foot. The Division of Real Estate
concurs with the appraisers estimate of value.
The results of our negotiations are that Mr. John Pasternak has
agreed and is prepared to pay One Thousand Dollars ($1,000).
He has also agreed to pay for the cost of the appraisal, transfer
tax, recording fee's and cost of the legal description.
I am recommending that Your Honorable Body approve the sale
of 322 Fillmore Avenue to Mr. John Pasternak in the amount of
One Thousand Dollars ($1,000). 1 am further recommending
that the Corporation Counsel prepare the necessary
documents for the transfer of title and that the Mayor be
authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 14
Transfer of Title, Urban Homestead Program
34 Tenth (City Owned - vacant lot, 26'x 100'
The Office of Strategic Planning has surveyed the
city -owned vacant lot at 34 Tenth Street, Buffalo New York
14201, parcel is 25'x 100' in dimension; and it has been
determined that this parcel I inappropriate for either the
construction of new housing or needed for public purposes.
Mrs. Aurea Colon residing at 36 Tenth Street has indicated that
she will clean, improve and maintain the lot in the event that
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 that the city -owned vacant lot to be
designated as a Homestead Property and be transferred to
Mrs. Aurea Colon 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
161 West Delavan (City Owned - vacant lot, 30'x 142)
The Office of Strategic Planning has surveyed the
city -owned vacant lot at 151 West Delavan Avenue Buffalo,
New York 14213, parcel is 30'x 142' in dimension; and it has
been determined that this parcel inappropriate for either the
construction of new housing or needed for public purposes.
Mr. Salvatore Santa Lucia and Mrs. Michelina Santa Lucia
residing at 153 West Delavan Avenue indicated they will clean,
improve and maintain the lot in the event they obtain 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 homesteaders.
We, therefore, recommend the city -owned vacant lot to be
designated as a Homestead Property and b transferred to Mr.
and Mrs. Santa Lucia on the condition that the property is
cleaned and improved within (6 months and maintained in a
sanitary manner.
Mrs. LoTempio Moved:
That the above communication from the Office of Strategic
Planning dated February 12, 2002, be received and filed; and
That the city -owned property commonly known as 151 West
Delavan Avenue, is hereby designated as Homestead Property,
and that the Mayor be, and he hereby is authorized to execute a
deed transferring said property to Mr. Salvatore Santa Lucia
and Mrs. Michelina Santa Lucia, residing at 153 West Delavan
Avenue, for the amount of One Dollar ($1.00) and no more, and
all costs of transfer, on the condition the property is cleared
and improved within six (6) months and maintained in a
sanitary manner.
Passed.
AYES -13- NOES -0
FROM THE COMPTROLLER
No. 16
Certificate of Necessity
Increased Appropriation
Fund Balance
Engineering
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 $2,700,000 in the
estimates for the fiscal year beginning July 1, 2001 is
necessary in Appropriation Allotments - Engineering - Other
Services, to meet a contingency which could not have been
reasonably foreseen when the budget was adopted. The
amount of increased appropriation will be met from 10700096 -
397000 Unreserved Fund Balance, not otherwise appropriated
for any other purpose. The details of the requirements are set
forth below:
To:
13100006 - 480000 - Engineering Adm Svcs - Other Services
$2,700,000
RECEIVED AND FILED
No. 17
Certificate of Necessity
Increased Appropriation
Storm Related Aid
Engineering
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 $5,700,000, in the
estimates for the fiscal year beginning July 1, 2001 is
necessary in Appropriation Allotments - Engineering - Other
Services, 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 $5,700,000 in the General Fund City Revenue
account 10700010 -3 3 1000 Miscellaneous Federal Revenue
(storm related aid) not otherwise appropriated for any other
purpose. The detail of the requirement is set forth below:
To:
13100006 - 480000 - Engineering Adm Svcs - Other Services
$5,700,000
RECEIVED AND FILED
NO. 18
Ken - Bailey Community Center
Item No. 175, C.C.P. 1/22/02
This is an update on a request dated January 25, 2002 from
the University District Council member, Betty Jean Grant,
concerning the Ken - Bailey Community Center. It was a request
for an audit of the organization based on some information and
documents that were received by the Council member.
There is a current lawsuit that is being pursued in regards to
this organization. In discussions with the Corporation Counsel's
office, we were advised to temporarily refrain from examining
records at the facility at this time.
When we are advised by Assistant Corporation Counsel David
Hayes or Mr. Risman, we will endeavor to review some of the
records at Kensington - Bailey to assist in determining what, if
any inaccuracies were involved.
The programs at the community center are funded under the
Community Development Block Grant.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE PRESIDENT OF THE COUNCIL
NO. 19
BFNC
EXPENSES RELATED TO J B WILEY SPORTS PAVILION
Dear Mr. Heinhold:
Enclosed please find an invoice in the amount of $2,042.3 4
and backup for expenses incurred by Buffalo Federation of
Neighborhood Centers on behalf of the J B Wiley Sports
Pavilion for the period 12/01/01 -12/31 /01. We are requesting
your help in expediting reimbursement of these expenses from
the Division of Public Works.
If you have any questions you may contact me at 856 -0363.
Sincerely,
Enclosures
REFERRED TO THE COMMITTEE ON FINANCE AND THE
COMMISSIONER OF PUBLIC WORKS
NO. 20
FRANK BELLIOTTI CITY AUDITOR
J.B. WILEY BOARD AGREEMENT WITH CITY OF
BUFFALO
Attached is the Agreement between the J.B. Wiley facility
and the City of Buffalo. The facility is City owned and therefore
its utilities are paid directly by the City. The expenses for
running programs will be covered by this agreement.
The expenses referred to may include groundkeeper and
executive director wages and fringes as well as other
non - personnel expenses in the budget.
This agreement does not preclude funding from other sources
such as federal block grants and foundations.
Kindly review so that we can forward this to the Corporation
Counsel's office and to the Commissioner of Public Works,
Parks and Streets.
Respectfully yours,
FRANKA. BELLIOTTI
CITY AUDITOR
REFERRED TO THE COMMITTEE ON FINANCE, THE
CORPORATION COUNSEL AND THE COMMISSIONER OF
PUBLIC WORKS
NO. 21
BUFFALO COMMUNITY -BASED
HEALTHY HOMES PROPOSAL
I have filed a copy of the Buffalo Community -based Healthy
Homes proposal for your information.
This proposal is a revision to the original program just approved
by the U.S. Department of Housing and Urban Development in
the fall of last year.
In the announcement approving the project, H.U.D. awarded
the City of Buffalo and the Center for Urban Studies at the
University of Buffalo $750,000. The project will receive
technical assistance from the City of Buffalo and an array of
community -based organizations and businesses.
This project will work very closely with the Weed and Seed
organization, with an initial project area in the Genesee - Moselle
community. It is the objective of the project to expand to other
communities in conjunction with future funding.
Please take time to review this proposal which arose out of a
Graduate Planning Studio under Dr. Beverly McClean of the
U.B. School of Architecture and Planning.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 22
M. SCHROEDER -INFO CONVERT ECMC TO PUBLIC
BENEFIT CORP
Gentlemen:
As you know, the issue of the future financial and operational
viability of the Erie County Medical Center (ECMC) has been of
great concern to county and city officials for many years. Few
disagree that ECIVIC provides vital, life- saving services to Erie
County residents on a daily basis, and Erie County's asset at
the Grider Street campus is a valuable one.
As you may also know, the County Executive has initiated a
series of discussions concerning proposals to convert ECIVIC
to a Public Benefit Corporation. In researching this matter, it
has been determined that the City of Buffalo may have a
considerable interest in such a proposal.
Of course, ECIVIC had been owned and operated by the City
of Buffalo until its ownership was transferred to the County in
1946. We have reviewed the legislation which enabled such
transfer, in the official proceedings of the Erie County Board of
Supervisors meeting dated June 4, 1946. It indicates that the
city has an interest in the property upon which the former
Edward J. Meyer Hospital sits, in the event that the hospital is
no longer operated by Erie County as a municipal hospital.
Those proceedings state, in pertinent part:
"The deed conveying premises ... is to contain a condition
subsequent providing that title to the premises shall remain in
the county of Erie only so long as it maintains a general
municipal hospital whose services and facilities will be available
to the citizens of Buffalo ... and upon failure to operate and
maintain such hospital, title to the premises shall immediately
revert to the city of Buffalo "' (emphasis added)
Without question, this language raises a series of important
issues to which the city and its Law Department must be
attuned. We have taken the liberty of enclosing copies of the
proceedings enumerated above, as well as a copy of the deed
to the property referenced herein, for your review and
consideration.
We recognize that the City of Buffalo is not presently in a
financial position that would enable it to assume responsibility
for the hospital. This information, however, will still be useful to
us as we encourage the participants in this debate to be
responsive to the needs of our constituents.
We encourage your written comments to us regarding this
matter, and we look forward to an opportunity to discuss this
matter with you in greater detail. Kindly review the enclosed
information and contact us at 858 -8122 to discuss this matter
further at your convenience.
REFERRED TO THE COUNCIL PRESIDENT
NO. 23
PEACE BRIDGE BORDER CROSSING EXPANSION
PROJECT
Dear Mr. Mayer:
Thank you for creating, and distributing the Buffalo and Fort
Erie Public Bridge Authority's initial identification of issues
relative to your attempt to improve transportation between
Canada and the U.S. through our region. We applaud your
efforts to bring in the most accomplished experts in
infrastructure development and bridge design. In addition, we
appreciate the refined approach of reaching out to the affected
community to make sure their viewpoints are heard up front, on
how the proposed project will either benefit or adversely effect
their communities.
After reviewing your document with our Department of Public
Works, the Office of Strategic Planning, and the Law
Department as well as the other City of Buffalo departments
and boards we believe a substantive immediate need not
addressed in the document is the designation of a "lead
agency" under SEAR. My departments have carefully reviewed
this issue and are unanimously of the opinion that the potential
environmental impacts of your project appear to be
predominantly of a local nature. Your project will effect our
neighborhoods, parks, historic places, existing businesses and
their transportation network. Each of these areas is subject to
oversight and regulation by various City of Buffalo boards and
departments, as well as the Common Council of the City of
Buffalo. Based upon our responsibilities under the City Charter
and pursuant to General City Law, we do submit that it would
be appropriate for the City of Buffalo, as a municipal
corporation, to act as "lead agency" for purposes of SEQR
review and compliance.
You also inquired as to the City of Buffalo's eminent domain
powers, and specifically whether we have the ability to acquire
land to facilitate the public aspects of the project. Such powers
generally lie both with the City, as well as the Buffalo Urban
Renewal Agency, subject to compliance with SEQR and all
other ordinances. To facilitate appropriate land use in and
around the proposed project area, and also to address blighting
conditions caused by the current mixed uses surrounding the
border crossing, I have asked the Office of Strategic Planning
to submit a request for an urban renewal designation of an area
around the proposed border expansion's locations as outlined
in the Draft Scoping Document.
In addition to complying with all laws and ordinances prior to
the Buffalo Urban Renewal Agency and /or the City of Buffalo
determining it appropriate to utilize their eminent domain
powers to facilitate the public aspects of the projects, it will be
necessary to secure financial commitment with the Public
Bridge Authority to finance the land acquisitions.
While we do look forward to working together with you on this
new approach to meet the needs of the communities and the
countries serviced by this border crossing, we do understand
the complexity of the issues and responsibility we are taking
upon ourselves. Accordingly we anticipate it will be necessary
to retain an outside consultant to help review the Draft and
Final Environmental Impact Statements to assure that they
adequately consider the potential effects on the environment
and reasonable alternatives. Pursuant to SEQR's enacting
rules and regulations, we may also request a commitment of
the Public Bridge Authority to fund those efforts of the outside
consultants. Again we appreciate the energy, expertise, and
thoughtfulness you have redirected at this project to insure that
it is compatible with the surrounding communities. We look
forward to working with you.
Very truly yours,
REFERRED TO THE SPECIAL COMMITTEE ON
BINATIONAL BRIDGES
NO. 24
S. SHAYE -DEPT OF PUBLIC SERVICE
This in response to your request for us to review the
letter sent to James Pitts from Tom Haywood concerning an
Adelphia rate
increase. Federal Law and FCC rules establish the rate
regulation process. Local Government may regulate the lowest
level of service usually called basic service . As you know the
City of Buffalo has chosen to do this. The Department of Public
Service is available to assist the City in this process. The
methodology for review of basic rates essentially
entails a review of the increase in comparison to federal rate
formulas to
determine if the federal formulas were implemented correctly.
Finally,
prior to any rate increase Adelphia must give proper notice
which in this
case is thirty days. If we may of any additional assistance
please feel
free to contact me at anytime.
Steve
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS
NO. 25
E. STERNBERG -URBAN WIND POWER INITIATIVE FOR
THE LAKE ERIE SHORE
Dear Mr. Pitts:
It's my pleasure to hereby forward to you 25 copies of our
final report for the project, "Urban Wind Power Initiative for the
Lake Erie Shore," sponsored by the Buffalo Urban Renewal
Agency under contract 1224 -27.
It was an exceptionally worthwhile experience for the graduate
students and me. We very much appreciate that you initially
gave us the idea to do this, that you gave us specific advice,
hosted our final presentation, and supported us throughout. It
has been great working with you and the Green -Gold
Corporation.
I also want to thank Chuck Thomas for helping organize the
administrative end of this project.
We conclude that there is much opportunity for demonstration
projects to bring wind energy to Buffalo, especially offshore
wind energy. I look forward to talking with you further about this
matter, and generally hope that we will have the chance to work
together again.
Sincerely yours,
Ernest Sternberg
Associate Professor
REFERRED TO THE SPECIAL COMMITTEE ON ENERGY
NO. 26
R. CUMMINGS- EXTEND BID DATE PHASE 2
PROJECT DISTRICT WIDE TECHNOLOGY
And Members of Joint Schools Construction Board
Dear Hon. Masiello:
This correspondence is to serve as a formal request to extend
the bid date for the Buffalo District Wide Technology -Phase 2
Project. An extension of 14 days is necessary in that we were
grossly mislead by the staff conducting the pre -bid meeting.
The circumstances involving the misinformation are as follows:
On 29JANO2 American Rated Cable and Communications
Inc., represented by Richard A. Cummings and Richard C.
Cummings, attended a pre -bid meeting to inquire about
opportunity to participate in the Telecommunications and
Electronic Security portions of the bid. We spoke to Keith
Schnetzer, Richard Fronckowiak, Wait Porzucek all from
Thomas Communications & Technologies, and Frank
Sandarelli from Buffalo Public Schools. We were informed that
all the services that we provide had been previously awarded to
Ronco in Phase I and that there was no direct opportunity for
ARC & Comm. in Phase 2. It was suggested that we contact
Ronco for sub - contracting opportunities. It was also discussed
that they would be part of a team working for the Buffalo Board
of Education (BOE), which would make recommendations as to
how the BOE should handle the Electronic Security Bids for all
Buffalo Schools.
I had already made attempts to contact Ronco as follows: On
10DEC01 I faxed a company profile to the attention of John
Wrona. On the 12DEC01 I spoke to Mr. Wrona and he
told me that he had heard good things about our company, but
Ronco, had already selected their sub - contractors. Ronco
advised me that if they are told to use ARC & COMM that he
would. On 08FEB02 a copy of our company profile was faxed
to the attention of Dave Jilson of Ronco. We are going to try to
meet with him the week of February 18, 2002 to further
discuss potential sub - contracting opportunities.
On 07FEB02, at a meeting hosted by Council Member Charles
Fisher on the JSCB project, it was brought to my attention by
the Buffalo Urban League that there may be work in Phase -2,
which ARC is qualified to bid on. Mrs. McDuffie invited me to
the League to review the Phase -2 bid package. After reviewing
the bid package at the Buffalo Urban League on 09FEB02,
there was and presently is bid opportunity in Phase 2 for ARC
& COMM. in the area of telecommunications to include the
following sections:
16110, 16120, 16140, 16700, 18010, 18050, 18110,
18130 & 18751
In the future, it is my request that certain measures be
implemented to insure that the staff which conducts pre -bid
meetings do not misinform attending contractors, thereby
impeding their efforts to seek procurement opportunity with the
BOE. I am requesting a response as soon as possible. Please
contact me at 892 -4240.
REFERRED TO THE COMMITTEE ON EDUCATION, THE
BOARD OF EDUCATION AND THE JOINT SCHOOLS
CONSTRUCTION BOARD
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS
AND STREETS
NO. 27
NOTIFICATION SERIAL #9389 NO STANDING - REPEAL
ON CONGRESS STREET, EAST SIDE BETWEEN 2 FEET
NORTH OF TIRE SOUTH BUILDING LINE # 139
CONGRESS ST. AND A POINT 20 FEET NORTH
THEREFROM
NO STANDING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances
of the City of Buffalo, the City Engineer hereby notifies Your
Honorable Body of this action supplementing, amending, or
repealing existing provisions of Chapter 479 of tile Ordinances,
as stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item
business.
That that part of Subdivision 22 Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by repealing
therefrom tire following: NO STANDING
PROHIBITED PORTION OF Hwy PROHIBITED PERIOD -
DAILY
Congress Street, east side between At all times
2 feet north of the south building
line # 139 Congress Street and a
point 20 feet north there from
This restriction was ordinanced to provide safe loading and
unloading of a wheelchair -bound citizen at the aforementioned
address who no longer resides there, repealing this restriction
will open up desperately needed on- street parking.
RECEIVED AND FILED
NO. 28
REPORT OF BIDS
STORM DAMAGE SIDEWALK REPAIR - 2002
GROUP #590
BUFFALO SEALER & STRIPING, INC.
This is to advise your Honorable Body that I have advertised
and received bids for Storm Damage Sidewalk Repair - 2002,
Gr. #590.
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. This contract will be used to address
the most hazardous sidewalk damage. Locations are still being
evaluated and rated by their severity and hazard to pedestrian
traffic. 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
Buffalo Sealer & Striping, Inc. $97,160.00
$106,876.00
P.O. Box 975, Grand Island, NY 14072
P & J Construction Co., Inc. $101,248.00
$111,372.80
790 Pleasant View Dr., Lancaster, NY 14086
Sicilia Construction Co., Inc. $103,588.00
$113,946.80
25 Strasbourg Dr., Buffalo, NY 14227
C & C Contractors, Inc. $116,810.00
$128,491.00
971 Ransom Road, Lancaster, NY 14086
Aragona Construction Corp.' $122,780.06'
$135,058.06'
5755 Newhouse Rd., Amherst, NY 14051
C. Destro Development, Inc. $133,288.00
$147,043.60
3150 Seneca Street, West Seneca, NY 14224
A.B.P. Concrete Construction, Inc.$133,676.00
$147,043.60
3407 Delaware Avenue, Suite 200, Kenmore, NY 14217
Campobello Construction Co., Inc.$134,980.00
$148,478.00
3407 Delaware Avenue, Suite 224, Kenmore, NY 14217
Sunshine Concrete Co., Inc. $156,720.00
$172,392.00
2081 Tonawanda Creek Rd., Amherst, NY 14228
'Adjusted Amount
I hereby certify that the lowest responsible bidder for the above
project is Buffalo Sealer & Striping, Inc. I respectfully
recommend that your Honorable Body authorize a contract
award in the amount of $106,876.00 ($97,160.00 Base Bid +
10% unit price increase $9,716.00 = Total Award $ 106,876.00
). Funds for this work are available in Capital Account
#30032106 -445 100 The engineer's estimate for this work is
$100,000.00.
The attached is certified to be a true and correct statement of
the two (2) lowest bids received. Under provisions of the
General Municipal Law, any of the bidders may withdraw his
bid if an award of the contract is not made by March 28, 2002.
Individual bid submissions are available in our office for
inspection and copies are available upon request.
REFERRED TO THE COMMITTEE ON FINANCE,
COMMISSIONER OF ADMINISTRATION AND FINANCE,
THE COMMISSIONER OF PUBLIC WORKS AND THE
COMMITTEE ON CITIZENS SERVICES
NO. 29
"C. FISHER -J. BEAR - CONCERNS -SNOW REMOVAL
PROBLEMS"
ITEM #73, CCP JANUARY 22, 2001
In response to the above - mentioned, the most efficient way of
reporting a snow removal problem would be by calling the
Mayor's Complaint line at 851 -4890 during regular business
hours of 8:30 a.m. to 4:30 p.m. Monday through Friday. On
weekends citizens can leave a voice mail message on the
Complaint Line if they wish to. We are also in the process of
meeting with Data Processing and the Mayor's Office about
discussing the possibility of having emergency phones at
851 -4890 manned by exempt employees of the Mayor's staff
However, in an Emergency situation, citizens should call the
Office of Disaster Preparedness which is run by the Buffalo
Fire Department at 851 -4004 which is in operation twenty -four
hours a day, seven days a week.
If citizens have a concern about unshoveled sidewalks, they
should contact Linda Scott in Administrative Adjudication at
851 -4046.
REFERRED TO THE SPECIAL COMMITTEE ON STREETS
SERVICES
NO. 30
CHANGE IN CONTRACT
CHANGE ORDER NO. I
TREE TRIMMING - CITY WIDE - 2001
PHASE 11, GR. #547
SCHNECK'S TREE REMOVAL, INC.
CONTRACT 992010400
1 hereby submit to our Honorable Body the following unit
price additions to the contract for the above named Project.
This change order was necessary to remove and clean up
emergency storm damaged trees from the wind storm on
October 25, 2001. These trees presented a hazard to public
safety. As ordered by the Commissioner of Public Works,
Parks & Streets.
Change Order No. I
Group # Number of Trees Unit Price Total
3 15 $150.00 $2,250.00
(12.5 " - 18.4 "dia.)
6 15 $500.00 $7,500.00
(30.5 " - 36.4 "dia.)
Total $9,750.00
Contract Summary
Original Contract Amount $271,920.00
Change Order No. 1 $9,750.00
Total Contract $281,670.00
Funds for this change order of $9,750.00 are available in
Capital Project Account #34310206
1 respectfully certify that this change order is fair and equitable
for the work involved, and respectfully request that your
Honorable Body approve the subject Change order and
authorize the Commissioner of Public Works to issue said
change order to Schneck's Tree Removal, Inc.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works, Parks and Streets dated February 13, 2002, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be,
and he hereby is authorized to issue change order No. 1, to
Schneck's Tree Removal, Inc., an increase in the amount of
$9,750.00, as more fully described in the above
communication, for work relating to Tree Trimming - City wide -
2001, Phase 11, Group #547, Contract, C #92010400. Funds
for this project are available in Capital Project Account
#34310206.
PASSED
AYES -13 NOES -0
NO. 31
PORTER AVENUE, PLYMOUTH AVENUE,
KLEINHANS MUSIC HALL;
COMMUNITY TRANSIT SITES (3)
WITHIN CITY RIGHT OF WAY
The Pennsylvania /Plymouth Revitalization Project (PPRP)
and the Symphony Circle Steering Committee (SCSQ, in
conjunction with the State University of New York at Buffalo
(UB), have applied for permission to install three Community
Transit Sites (Bus Shelters) within City right of way at existing
Niagara Frontier Transportation Authority (NFTA) bus stops.
The Community Transit Sites would be located at the following
locations:
• Porter Avenue, south sidewalk area in front of Kleinhans
Music Hall.
• Pennsylvania Avenue, northeast comer Plymouth Avenue.
• Porter Avenue, southeast comer Plymouth Avenue.
The proposed Community Transit Sites have been designed by
UB Architecture students and will be installed by same. These
Community Transit Sites will vary in size and shape but
measure approximately 27' in length and 8' in width. They will
be constructed of 3" schedule 40 steel pipe and polycarbonate
panels. The NFTA has agreed to utilize existing bus stops for
the project but will not assume any maintenance
responsibilities.
The Department of Public Works, Parks & Streets has
reviewed this application pursuant to Chapter 413 -67
(Encroachment regulations) of the City Ordinances and
recommends that Your Honorable Body refer this item to the
Planning Board for the necessary site plan review and
approval. If approved by the Planning Board and Your
Honorable Body the Commissioner will then issue a "Mere
License" for installation of said encroachments provided the
following conditions are met:
1 . That the applicant obtain any and all other City of Buffalo
permits necessary.
2. That the Community Transit Sites be installed exactly as
shown on plans submitted to and approved by the Department
of Permit and Inspection Services.
3.That the Community Transit Sites be installed a minimum of
2' from the curbline.
4.That the main public sidewalk, a minimum of 4' wide, be
unaffected by installation.
5. That the applicant, PPRP and SCSC, provide the City with a
written maintenance plan, with the establishment of an
endowment fund for day -to -day and long term maintenance
needs for all three sites, including removal of litter from the
proposed planters.
6.That, in the event the Commissioner of Public Works, Parks
and Streets determines the encroachments must cease as a
result of factors effecting the health, safety and welfare of the
public, or the needs of the City, said commissioner may order
the immediate removal of the encroachments as described in
Chapter 413 -67 (F) of the City Ordinances.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD AND THE CORPORATION
COUNSEL
NO. 32
PERMISSION TO ACCEPT GRANT
SHEA'S THEATER
Permission is hereby requested from Your Honorable Body to
accept a $200,000.00 grant from the New York State
Environmental Protection Fund Restoration of Shea's Theater,
Main Street Marble and Brickwork. The funds will be matched
by funding received from the Federal Government and by funds
already available in the Division of Buildings' Capital Accounts.
Mrs. LoTempio moved:
That the above communication from the Commissioner
Public Works, Parks and Streets dated February 11, 2002, be
received and filed; and
That the Common Council be and they hereby are authorized to
accept a $200,000.00 grant from the New York State
Environmental Protection Fund Restoration of Shea's Theater,
Main Street Marble and Brickwork. Funds will be matched by
funding received from the Federal Government and by funds
already available in the Division of Buildings' Capital Accounts.
PASSED
AYES -13 NOES -0
FROM THE COMMISSIONER OF POLICE
NO. 33
"C. FISHER - WAKEFIELD AVE BLOCK CLUB -REQ.
ASSISTANCE - DRUG PROBLEM WAKEFIELD /HOLDEN:]
#62 CCP FEB 5,2002:
In response to the request from the Common Council (due
2- 14 -02) regarding Wakefield & Holden and the retail store on
the corner; We are in the process of conducting an
investigation and require more time to work on it before
submitting a detailed report.
REFERRED TO THE COMMITTEE ON POLICE
REORGANIZATION
FROM THE COMMISSIONER OF FIRE
NO. 34
DEPUTY FIRE COMMISSIONER
AMENDED APPOINTMENT DATE
I hereby nominate Michael D'Orazio to the non - competitive
position of Deputy Fire Commissioner, effective February 4,
2002 at the salary of $85,482.
Respectfully submitted,
RECEIVED AND FILED
NO. 35
FIRE COMPANY ROTATION 1/18 TO 1/24
Per your request, attached are the response times survey's
which show the effects of the temporary closings and
manpower reports for January 18 - January 24, 2002.
REFERRED TO THE COMMITTEE ON BUDGET
FROM THE CORPORATION COUNSEL
NO. 36
BUFFALO BISONS, INC.
The City of Buffalo, the County of Erie and the Buffalo
Bisons, Inc. are actively negotiating a proposed transfer of the
operations of Dunn Tire Park. The negotiations envision the
following structure. The City of Buffalo would lease the stadium
to the County of Erie for a dollar a year. The County of Eric
would sublease the stadium to the Buffalo Bisons, Inc. for one
dollar a year. The County of Erie would contribute five (5)
million dollars ($5,000,000) to cover capital costs of the
stadium over the remainder of the lease term (i.e. through
2008). The County of Erie would also provide three hundred
thousand dollars ($300,000) per year for payment of utilities as
well as workers receiving public assistance to provide
maintenance of the stadium. In addition, the Buffalo Bisons
would pay all annual operating expenses and keep all operating
revenue from the stadium.
The benefit to the City of Buffalo is twofold. The City would be
relieved of paying the annual operating deficit. For the last year,
the deficit was approximately $411,000. The Budget Office
anticipates that their deficit will increase each year during the
remainder of the lease. Second, the County of Erie would make
a substantial capital investment in this regional asset. A copy of
a proposed team sheet is enclosed herewith for your review,
Opening day is scheduled for April 10, 2002. The City's goal is
to have an agreement in place for the upcoming season. Draft
agreements are being circulated among the parties. There are
a number of outstanding issues that are still being negotiated.
When a proposed agreement is reached, the documents will be
submitted to the Common Council for review and approval.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF PERMIT & INSPECTION
SERVICES
No. 37
C. Fisher -P. Harris - Problems - Wakefield & Holden Streets
(Item No. 75. C.C.P. January 22. 2002
1 am in receipt of the above stated Common Council
Communication and wish to supply your Honorable Body with
the following information. Upon receipt of the "E mail" sent to
the Honorable Common Councilmember Charles Fisher
Building Inspector Vincent Ferraraccio and Detective Brian
Mahoney of the Buffalo Police Department were dispatched to
the William and Holden Deli A -KA 107 Wakefield. During this
inspection, Building Inspector Ferraraccio found the
housekeeping conditions at this property satisfactory. It was
also noted that there was no garbage and no waste spilling
from the adjacent property during this inspection. This property
is currently under the jurisdiction of the Housing Court of the
City of Buffalo. A Housing Court ordered inspection was
performed on December 7, 2001. At that time Building
Inspector Richard Balesteri reported roof, siding, painting and
window repairs were not completed A Housing Court re-
inspection is scheduled for April 25, 2002. If the work is not
completed at that time, we will ask the presiding Housing Court
Judge for the stiffest penalty possible be levied against this
property owner. It is my sincere hope that this response
satisfies your inquiry.
REFERRED TO THE COMMITTEE ON POLICE
REORGANIZATION
No. 38
Billiard Parlor
655 Genesee
Pursuant to Chapter 92 of the City of Buffalo Ordinances,
please be advised that I have examined the attached
application for a Billiard Parlor License located 655 Genesee
and find that as to form it is correct. I have caused a
investigation into the premises for which said application for a
Billiard Parlor License is being sought and according to the
attached reports from the Zoning Office, Fire Department and
Building Inspections, I find it complies with a regulations and
other applicable laws. I have caused an investigation by the
Police Department of Lisa Hairston d /b /a Genesee Billiard. This
request is submitted for your approval or whatever action you
deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 39
Restaurant Dance Class III
20 Allen
Pursuant to Chapter 150 of the City of Buffalo Ordinances,
please be advised that I have examined the attached
application for a Restaurant Dance Class III License located 20
Allen and find that as to form it is correct. I have caused an
investigation into the premises for which said application for a
Restaurant Dance Class III license is being sought and
according to the attached reports from the Zoning Office, Fire
Department and Building Inspections, I find it complies with all
regulations and other applicable laws. I have caused an
investigation by the Police Department into the moral character
of Paul H. Winter. The attached thereto for Paul H. Winter
d /b /a Encore Enterprises of Buffalo, Inc. This request is
submitted for your approval or whatever action you deem
appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 40
Restaurant Dance Class IV
52 Chippewa West
Pursuant to Chapter 150 of the City of Buffalo
Ordinances, please be advised that I have examined the
attached application for a Restaurant Dance Class IV License
located 52West Chippewa and find that as to form it is correct I
have caused an investigation into the premises for which said
application for a Restaurant Dance Class IV license being
sought and according to the attached reports from the Zoning
Office, Fire Department and Building Inspections, I find it
complies with all regulations and other applicable laws. I have
caused an investigation by the Police Department into the
moral character of Charles Goldman. The attached thereto for
Charles Goldman d /b /a LaLuna. This request is submitted for
your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 41
Used Car Dealer
2297 Bailey
Pursuant to Chapter 254 of the City of Buffalo Ordinances,
please be advised that I have examined the attached
application for a Used Car Dealer License located 2297 Bailey
and find that as to form it is correct. I have caused an
investigation into the premises for which said application for a
used car dealer license is being sought and according to the
attached reports from the Zoning Office, Fire Department and
Building Inspections, I rind it complies with all regulations and
other applicable laws. I have caused and investigation by the
Police Department into the moral character of Laurence
Sessuni III. The attached thereto for Laurence Sessuni III d /b /a
Maxx Auto Sales. This request is submitted for your approval or
whatever action you deem appropriate.
Mrs. LoTempio moved: That the above communication from the
Commissioner of Permits and Inspection Services dated
February 7, 2002 be received and filed, and, That the
Commissioner of Permits and Inspection Services be approved
subject to the conditions get fourth be the Fire Department
under 511 -9.
PASSED
AYES 13 NOES - 0
No. 42
Used Car Dealer
321 Hampshire
Pursuant to Chapter 264 of the City of Buffalo
Ordinances, please be advised that I have examined the
attached application for a Used Car Dealer License
located 321 Hampshire and find that as to form it is
correct. I have caused an investigation into the premises
for which said application for a used car dealer license is
being sough and according to the attached reports from
the Zoning Office, Fire Department and Building
Inspections, I find it complies with all regulations and
other applicable laws. I have caused and investigation by
the Police Department into the moral character of Roland
Andrew. The attached thereto for Roland Andrew d /b /a
Hot Spot Auto. This request is submitted for your
approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 43
"Used Car Dealers- Maxim um # Vehicles"
Please be advised that inspections for the renewals of used
car dealers will begin in the very near future. The Fire
Prevention Bureau will inspect these locations and determine
the maximum number of vehicles allowed per location at any
one time. The maximum number of vehicles will be determined
as per Article XIX, Off - Street Parking and Loading, 511 -96.
"Space Requirements ", which is one hundred and twenty -six
(126) sq. ft. per vehicle. In addition, three (3) foot lanes must
be maintained at all times to provide for fire personnel access.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF ADMINISTRATION AND
FINANCE
No. 44
General Fund Gap Sheet
Second Quarter 2001 -02
Under this cover please find the City's General Fund
Gap Sheet for the second quarter of Fiscal Year 2001 -02. This
gap sheet contains not only an estimate of year -end results but
also an estimate of the impact of current trends and other
factors on the 200203 Fiscal Year.
The gap sheet projects a negative result of operations of
$8.946 million for the current year inclusive of the snowstorm
costs and after appropriating $2.7 million of the $9.7 million
unreserved, undesignated 2000 -01 fund balance. This second
quarter projection is an improvement of $6.122 million from the
first quarter projection of - $15.068 despite the fact that the City
incurred costs of $2.87 million for the snowstorm, net of FEMA
and state reimbursements.
The largest area of savings is personal services. Personal
services is showing savings of $3.118 million from the first
quarter and $5.648 million from budget. These savings are the
result of strict attrition control through the hiring freeze, the
layoff of 75 city personnel and the elimination of 65 vacant,
funded positions. Likewise fringe benefits are projecting
savings of $1.288 million from the first quarter. Areas showing
increases from the first quarter are services where first quarter
savings estimates were overly optimistic and capital outlay due
the purchase of an additional $632,000 worth of totes required
for the full implementation of the pay -as- you -throw program.
On the revenue side, the gap sheet shows an improvement of
$5.465 million from the first quarter. As was noted above,
resources have been increased by $2.7 million reflecting the
use of a portion of last fiscal year's fund balance. Other federal
revenues have been increased by $2.0 million, the amount of
the additional CDBG funding we expect to receive in the
General Fund this year. Perhaps the single most positive
aspect of the gap sheet is the projected increase in sales tax.
Sales tax revenue is currently projecting $400,000 over budget,
an improvement of $1.7 million from the first quarter.
For the 2002 -03 Fiscal Year, we are currently projecting a gap
of $20.657 million after including $7.0 million from the 2000 -01
unreserved, undesignated fund balance. Total revenues,
resources and interfund transfers show a decrease of $29.499
million from the current year budget, while total appropriations
are projected down $8.842.
Personal services are showing savings of $565,000 while
fringe benefits are decreased by $3.419 million. The largest
savings in fringe benefits results from the elimination of
employee raises from the budget. The amount budgeted for
raises for non uniformed personnel have been frozen in the
current year and we intend to budget zero percent raises for all
city employees next year. Estimates for raises covering police
and fire have been moved to the personal service lines in next
year's gap. Offsetting savings from the elimination of raises are
increases in health care costs of $6.141 million. Grants -in -aid
have been eliminated saving $3.797 million next year. Debt
Service and related charges are expected to increase by
$2.835 million next year due to interest payments on RANs. To
the extent that we are successful in having certain state aid
payments accelerated, particularly the spin -up aid and the $48
million dollar payment the governor accelerated this year, this
number can be reduced by reducing the size of our RAN
borrowing.
The administration hopes this gap sheet informs the Council on
the current state of city finances. As always, I am available to
meet with the Council Budget Committee to discuss this
document and any other items relating to the city's financial
outlook. I look forward to working with the Council on the
formulation of the 2002 -03 Budget and feel confident that by
working together we can fashion a document that will see us
through these difficult times.
REFERRED TO THE COMMITTEE ON BUDGET
FROM THE COMMISSIONER OF COMMUNITY SERVICES
NO. 46
REVISED REVITALIZATION PLAN
FOR LAKEVIEW HOMES
HOPE VI GRANT NO# NY06VRD0021197
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 home by
BMHA 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.
REFERRED TO THE COMMOTTEE ON COMMUNITY
DEVELPMENT
NO. 46
M. Candelario- Minority Business Utilization Report
Attached available for review in The City Clerk's Office.
REFERRED TO THE MINORITY BUSINESS ENTERPRISE
COMMITTEE
FROM THE BUFFALO ECONOMIC RENAISSANCE
CORPORATION
NO. 47
[Broadway K -Mart Closing]
(Item No. #130, C.C.P. 02/06/02)
On February 14, 2002 Wayne Kwiatkowski and I
spoke to Mr. Anthony Jablonski, Divisional V.P. of Real Estate
of Kmart, specifically about the Broadway location.
Based upon our conversation, Mr. Jablonski indicated that the
Broadway location has some major issues which are as
follows:
1.The store is under - performing: sales at Broadway location
are one -half of the national average.
2.The store has lost money over the past five- (5) years
The store has a high rent: approximately 6% of total sales.
Mr. Jablonki further indicated that 2,179 stores nationwide are
all presently under review by the Bankruptcy committee at
Kmart. He further indicated that the Broadway store is certainly
a candidate for closure, and that a final determination will be
made within the next 30 days.
Mr. Jablonski further alluded to the fact that an incentive
package could certainly be presented, but during the course of
our conversation gave us no parameters as to what they would
be looking for either dollar -wise or incentive -wise.
We at the BERC are in the process of setting up a meeting
with the State, the County, ECIDA, Councilman Francyzk and
Benchmark Development to discuss viable incentives which
could be presented to the Kmart Corporation for consideration.
We will explore all the issues with all of our economic
development partners during the week of February 18t ".
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
FROM THE CITY CLERK
No. 48
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
946 Elmwood Ave 946 Elmwood Ave Putnam Walker
Inc
185 Allen Street Wonder Bar Jay Mackiewicz
RECEIVED AND FILED
No. 49
Leaves of Absence Without Pay
I transmit herewith notifications received by me, reporting the
granting of the leaves of absence without pay, in the various
departments as listed:
Police- Lisa Thompson, William Crawford, John Jones
RECEIVED AND FILED.
No. 50
Reports of Attendance
I transmit herewith communications received by me, from
the various boards, commissions, agencies and authorities
reporting the membership attendance at their respective
meetings:
Buffalo Sewer Authority
City Planning Board
RECEIVED AND FILED.
No. 51
Notices of Appointments - Seasonal /Flat
I transmit herewith certificates received by me, reporting
seasonal and flat salary appointments made in various
departments.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
Certificate of Appointment
Appointment Effective: February 11 , 2002 in the
Department of Public Works, Parks and Streets Division of
Streets to the Position of Seasonal Laborer 11 Seasonal
Non - Competitive at the: Flat
Jack Alagna 23 Lovering Avenue Buffalo, NY 14216
Phillip Anderson 125 Shumway Street Buffalo, NY 14206
Walter Cromer 723 Woodlawn Buffalo, NY 14211
William George 108 Cantwell Drive Buffalo, NY 14220
Joseph Hussar 1331 Clinton Street Buffalo, NY 14206
Carl Johnson, Jr. 283 Hastings Buffalo, NY 14215
Ronald Link 80 Reservation Street Buffalo, NY 14207
David Lomax 107 Spaulding Street Buffalo, NY 14220
Appointment Effective: February 4, 2002 in the Department of
Public Works, Parks and Streets Division of Streets to the
Position of Seasonal Laborer 11 Seasonal Non - Competitive at
the: Flat Starting salary of: $ 8.15/hr
Santiago Lopez 44 Alamo Place Buffalo, NY 14220
Nicholas Cordova 36 Auchinvole St. Buffalo, NY 14213
Jack Eskridge 176 Richmond Avenue Buffalo, NY 14222
Phillip Gaines 217 Dartmouth Buffalo, NY 14215
Mark McKinnon 31 Barry Place Buffalo, NY 14213
Michael Tedesco 806 Ashland Avenue Buffalo, NY 14222
George Barnes 504 Norfolk Buffalo, NY 14215
Aaron Gatti 424 Hoyt Street Buffalo, NY 14213
Alexander Porter 151 Prospect Avenue Buffalo, NY 14201
Christian Simcoe 58 Ideal Street Buffalo, NY 14206
Glenn Galli 188 Pries Avenue Buffalo, NY 14220
Pasquale Picogna 96 Amherst St. Buffalo, NY 14207
Jose Martinez 130 Niagara St., #303 Buffalo, NY 14202
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No. 52
Appointments - Temporary, Provisional or Permanent
I transmit herewith Appointments in the various departments
made at the Minimum (Temporary, Provisional or Permanent)
and for Appointments at the Maximum (as per contract
requirements) .
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
Appointment Effective: February 12, 2002 in the Department ofPublic Works, Parks
Engineer Temporary - 6 months Appointment
at the: Flat Starting Salary of: $10.25
Keith M. Rathbun 239 Cumberland Avenue Buffalo 14220
Appointment Effective: February 11, 2002 in the Department of
Public Works, Parks & Streets Division of Buildings to the
Position of Senior First Class Stationary Engineer Temporary -
6 months Appointment at the: Flat Starting Salary of: $ 10.25
William R. Young 374 McKinley Parkway Buffalo 14220
Appointment Effective: February 6, 2002 in the Department of
Public Works, Parks & Streets Division of Buildings to the
Position of Senior First Class Stationary Engineer Temporary
(6 months) Appointment at the: Flat Starting Salary of: $ 10.25
Ronald C. Waszkielewicz 21 Melrose Street Buffalo 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
No. 53
DEMOLITION, ETC. BILLS
239 Reed St.
Enclosed is a letter dated February 7, 2002, addressed to
Mr. Ray McGurn, Commissioner, Department of Permit &
Inspection Services. We would like this filed with the Common
Council so that it may be considered at its next scheduled
meeting.
RE: CUSTOMER NUMBER 900000235
In regard to your invoice number 11450 dated January 31,
2002, we vigorously contest the validity of this charge.
Enclosed please find a copy of a "Notice and Order to
Proceed" dated April 30, 2001 signed by Mr. Gary W.
Ziolkowski, Director, Division of Inspections, License &
Permits. The notice clearly indicates that the contract amount
was to be $2,873. Why then are we being charged $3,598 plus
a $540 administrative surcharge?
We look forward to hearing from you regarding this matter at
your earliest possible convenience.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
COMMISSIONER OF PERMITS
NO. 54
REVIEW — TRAFFIC CONDITIONS
E. FERRY & HUMBOLDT PKWY.
This is in response to your February 6, 2002 letter
concerning traffic conditions at the intersection of East Ferry
Street and Humboldt Parkway. We will review the signing in the
area and report back to you when we complete our study.
If you have any questions or need additional information, please
contact me at 847 -3268.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 55
BROADWAY MARKET
GREEN ENERGY
I am in receipt of your letter addressed to Mr. William Flynn,
President of the New York State Energy Research and
Development Authority, concerning the Broadway Market.
NYSERDA prides itself in state of the art energy reduction
concepts- Mr. Flynn has asked that L along with staff members
from our wind, industrial research and development office, and
energy efficiency services departments be available to meet
with you to assist in developing a plan to implement Item #129
from. the Tuesday, February 5, 2002, Council Meeting.
Please contact me at 518 - 862 -1090 ext. 3240, when your
meeting date has been established.
REFERRED TO THE SPECIAL COMMITTEE ON ENERGY
NO. 56
SEQR LEAD AGENCY COORDINATION
MODERN GROUP, LLC. PERMIT MODIFICATION
266 HOPKINS STREET
CITY OF BUFFALO, ERIE COUNTY
This is to advise you that Modem Group, LLC. has made
application to this Department to modify the facility's existing
6NYCRR Part 360 Permit to allow for the transfer of municipal
solid waste and increase the capacity of the facility from 500
tons per day to 1000 tons per day. The facility had previously
been permitted to handle construction and demolition debris
and recyclables. Enclosed are the permit application,
engineering report, plans and a completed Long Environmental
Assessment Form.
The Department has identified this proposal as an "Unlisted"
action under the State Environmental Quality Review Act
(SEAR) and has elected to coordinate the review of this action.
The Department request that the City of Buffalo act as SEQR
Lead Agency for the review of this permit application, since the
potential environmental impacts would be local in nature.
Please review the enclosed materials and respond by February
25, 2002. If you have any questions, please contact me or Mr.
David S. Denk at (716) 851 -7165.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 57
R.DONAVAN
INDEPNDENCE PARTY
COMMENT ON REDISTRICTING COB
The Independence Party City of Buffalo Committee in the
past few years has grown into a larger committee with ideas for
better government Our NYS platform reads we support smaller
more efficient government Most of you have come to our
political party and ask for our endorsement one time or another.
Our committee has said: well if these politicians ask for our
endorsement than they should at least be open minded on our
ideas for redistricting the City of Buffalo.
Our committee has discussed ideas about the water from the
Hispanic representation in city politics and the creation of a
district that could be named after a historic person. We have
decided to create a waterfront district that could represent the
entire Hispanic Community and a district named after Martin
Luther King. We suggest that the Council At large positions be
dissolved and the Council President position is restructured.
Our committee believes our plan will save the City of Buffalo
close to I million dollars. We want 7 districts with a floating
Council President. How would this work? With each district
roughly representing 43,000 people under this plan would also
take a turn has Council President. If the new terms of 4 years
for Councilperson Takes effect than each Councilperson will
serve almost 30 weeks each time as Council President. Now
longer will we pay one person $85,000 a year plus their staff
wages and insurance, office space and utilities to maintain this
political position. Our plan would pay each councilperson
through there 30 -week term some small monetary amount for
this service as Council President. The floating President
position will also force every district councilperson to listen to
one another about their district's problems because they all will
be a deciding vote when the get their turn as Council President
With the County Executive knocking on the door of this city to
dissolve it we believe this Council should act fast on this
proposal because The I proposal save more tax dollars than
anything we've heard yet. So hear is our plan for Redistricting.
We will dissolve University, Ellicott and Fillmore Districts. Our
Plan will give chance to 3 white, 3 Black and 1 Hispanic district
to bring some sense of equality on the council.
Here are the plans starting with the South District.
1) South district gains Lovejoy District AD "s #1 & #12.
2) Lovejoy district will give up all districts north of Broadway.
The south boundary will be the Buffalo River. The west
boundary will be Louisiana Street staring at the Buffalo River
than head north to the Penn Central RR. At this intersection
head northeast along the Penn central RR till it crosses Bailey
Ave. Than North up Bailey Ave. to Broadway. Than east on
Broadway to the City line. The east boundary would be from
Broadway along the city line to the Buffalo River.
Lovejoy gains Ad's of,Fillmore # 00,1,8,(1/2 of 10,16,27 30),11
15,17,21,22,31,33,37,40,41.
Lovejoy loses Ad's of :
1,4,10,12,14,16 ,17,20,21,23,24,27,29,30,31,32 & 33.
3) Waterfront /Theater District West Boundary is the Niagara
River. The east boundary- heading north starts along Lovejoys
west boundary at Louisiana St. and the Buffalo River north to
the NYS Thruway. Follow the Thruway west to Michigan Ave.
Michigan north to Goodell St. Goodell west to Main St., Main
north to Richmond. Richmond north to Forest. Forest Ave. west
to the Niagara River.
Waterfront /Theater District is mostly the old Niagara District
looses none from the old Niagara District. It gains: Fillmore
24 „(1/2 of 16 & 27),28 & 29. Ellicott:
7,8,9,10,11,12 ,13,14,16,17,19,21,22,35 „41,42 -
4) North District west boundary is the Niagara River The North
Boundary is the City line. The South Boundary starts at the
Forest Ave. at the Niagara River runs east down Forest to
Elmwood. The East boundary starts at Elmwood and Forest ,
north up Elmwood to Nottingham. Follow up Nottingham to
Amherst. Amherst east to Colvin. Colvin north to the city line.
North district loses AD's; #2, 7,14,19„ 26.
Gains AD's; Delaware 2,3,4.,7,21,27,31 & 33.
5) Martin Lutheir King District
South Boundary is Lovejoy districts north boundary.
West boundary is along from Michigan and the NYS Thruway
north up Michigan to the NYS 33.
North Boundary is Michigan & the NYS 33 north to Best SL,
heading west on Best St. to Lousen. Lousen south one block to
Genesee Ave. Genesee east to the city line.
The King District is the joining of Masten #39,
Lovejoy #24,27,29,31,32,33.
Ellicott #1,(1 /2 of 16) 18 ,20,24,28,31,32,34,37,38,39,40.
Fillmore #2,3,5,6,7,9,(1 /2 of 10,13,& 30),14,18,19,23,25,26,
32,34,35,36,38.
6) Masten District South Boundary is the King District's north
boundary West Boundary is the Waterfronts east boundary
North Boundary is Delaware District's South Boundary, which
is Richmond and East Delevan east on Delevan to Fillmore
Fillmore north to Kensington Ave. Kensington east to the city
line.
Masten loses AD's: #15,16,17,18,24,28,29,30,31,39.
Masten Gains; Lovejoy # 4,10,14,16,17,20,21,23,30.
University; #4,5,6,8,10,11,(1 /2 of 20), 23,24,25,28,29,30.
Ellicott; #2,3,4,6,15,25,26,27,29,30,33.
7) Delaware District
South Boundary is Masten District's north boundary.
North Boundary is the city line at Colvin Ave. east along to the
intersecting city line.
West Boundary is the North Districts east boundary
East Boundary is the city line from the North, south to
Kensington Ave.
Delaware loses AD's # 1,2,3,(1/2 of 4),5,7,11,
17,20,21 ,25,27,28,29,30,31,33,37,38,39.
Delaware gains;
Masten # 1516,17,18,24.,28,29,30,31,38
University #1,2,3,7,9,13,15,16,17,18,19,(1/2 of 20)
12, 26,27,31,32,33,34.
The Independence Party will state this idea is economically
sound and fiscally conservative. Its Floating Council President
encourages unity across the district lines. it saves hundreds of
thousands of dollars by removing the current position of the
Council President its staff, their insurance and benefit cost, the
overhead to operate the staff and presidents office's. Same
with the Council At Large position's, it's staff and overhead
another 3 to 4 hundred thousand dollars. Seven Districts with a
city with 295,000 people in it we believe roughly 42 to 44
thousand people in each district are a very fair proposal.
We would request that the council except this concept as one
of the proposal's for redistricting and that this proposal goes
before the Redistricting Board. Also I will ask the Common
Council and the Redistricting Board that if this proposal is not
chosen I would like in writing the fiscal savings in comparison
of our proposal to the one chosen. If any other way is chosen
that may cost more to operate to the taxpayers I will request the
reason why in writing!
REFERRED TO THE SPECIAL COMMITTEE ON
REAPPOINTMET
NO. 58
Re: Item #131, C.C.P. February 5, 2002
"Expanding Jt. Sch. Const. Bs. To Increase Comm.
Involvement”
As requested by letter dated February 6, 2002 frorr
Jacqueline E.
Rushton, Senior Legislative Assistant, I am writing on behalf of
the Joint Schools Construction Board in response to the
above - referenced
resolution.
The resolution was considered by the JSCB at its meetings on
February 4 and February 11. The members of the Board
concluded that it would not be advisable at this time to increase
the JSCB to nine members and add two un- elected parents or
City residents to the Board. The members noted that the
elected officers serving on the Board represent and are directly
accountable to the students, parents and residents of the City,
that they have provided for and will continue to assure
extensive public participation in the planning of the program,
and that the Board has functioned well with its present
composition.
Thank you for the opportunity to present the JSCB's views on
this
important subject.
REFERRED TO THE COMMITTEE ON EDUCATION
NO. 59
Item #136, C.C.P. February 5, 2002
"Joint School Const. Bd."
As requested by letter dated February 6, 2002 from
Jacqueline E.
Rushton, Senior Legislative Assistant, I am writing in regard to
the above referenced resolution.
Although The Ciminelli Team has been selected by the JSCB
for negotiation of a contract to provide Program Packaging and
Development services, a contract has not yet been awarded
and the process of negotiating the terms and conditions of the
contract has just begun. We will provide you with a copy of the
final agreement as soon as it has been signed, which we
expect to be in about two months.
The contract will require The Ciminelli Team to implement the
workforce and MM/BE diversification and development goals
adopted by the Common Council on June 12, 2002. A specific
plan to meet those goals will be developed in the contract
negotiation process.
REFERRED TO THE COMMITTEE ON EDUCATION
NO. 60
S. HANSON — ADELPHIA
WORKFORCE DIVERSITY
City Residents
33% of Adelphia's employees live in the City of Buffalo
44% of employees who live in the city are minority, compared
with a 46% minority population
65% of employees who live in the city are either women or
minority
County Statistics
21 % of Adelphia's employees in Erie and Niagara Counties are
minority, exceeding the two counties' combined minority
population of 17%
45% of Adelphia's total Western New York employees are
either women or minority
REFERRED TO THE MINORITY BUSINESS ENTERPRISE
COMMITTEE
NO. 61
T. HAYWOOD — ADELPHIA CONNECTION
WINTER 2002 EDITION
In an age of increasing entertainment and communication
choices, what matters most is the value you get for your money.
We've taken the winter 2002 edition of Adelphia Connection as
our opportunity to tell our customers why they've made the right
choice with Adelphia.
With this industry's competitive marketplace, we cannot
reiterate often enough the benefits of our products and
services. Digital Cable brings our customers more
programming choices than ever before. Customers lease our
equipment, rather than buy it, so they can rely on us when it
comes to upgrades and repairs. In many of our service areas,
Power Link high -speed Internet access service connects our
customers to the Internet faster than ever before. They've got
access to richer content, faster downloads, and the
convenience of no extra phone line. Not only does Adelphia
provide our customers with state -of- the -art products, but we
also provide our customers with personal, local customer
service. Our responsive customer service continues to be the
foundation upon which Adelphia is based.
In the year ahead, we'll continue to upgrade our systems to
provide our customers with the latest technology available. We
will also continue to strive to accomplish our mission:
To earn our customers' trust by making sure that every
customer is satisfied with the outcome of every contact with our
people and the service we provide. We have not completed our
job until we meet this goal 100 percent of the time.
We've built our business on strong partnerships and rely on our
relationship with you to continue to grow. We are always open
to suggestions as to how we can bring a better value to our
customers -and our communities. Please contact me at any
time with your comments and concerns.
RECEIVED AND FILED
NO. 62
ADDTL. INFO. — QUINT MIDIS
Two weeks ago, we provided you with a few articles on
quints and a letter from Joseph Montesano, President of the
Rochester Firefighters Association. Today we are presenting
additional information in support of our argument against quint
midis. If you, as a body, decide that adjustments in force within
the fire department are in order, I urge you to reject the
implementation of quint -midis in the Buffalo Fire Department.
Quint midis are the worst of all possible options. If you have
any questions, I am available to you at all times
REFERRED TO THE COMMITTEE ON BUDGET
NO. 63
PRIMARY GOVERNMENT
FINANCIAL STATEMENTS
Attached please find a copy of the PRIMARY
GOVERNMENT FINANCIAL STATEMENTS for the City of
Buffalo, New York for the period ending June 30, 2001,
including the Report of Independent Auditors, Ernst & Young
LLP.
The Comprehensive Annual Financial Report is being prepared
for distribution.
COPY AVALIABLE IN CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE COMMITTEE ON BUDGET
NO. 64
TRANSACTIONS
6/30/01 DUE FROM ERIE COUNTY
Per your inquiry, the following transactions are
included in the June 30, 2001 Due From Erie County
amount of $8,982,094:
$5,648,346 June Sales Tax received in July -
120,686 June Western Region Off Track Betting
received in July and August
19,378 June Medicaid Reimbursement received
in August
2,228 June Nutrition for Elderly received in
August
169,018 June Substance Abuse Reimbursement
received in August
77,000 June Workforce Employment & Training
Reimbursement received in August
The balance of $2,945,438 is attributed to the County's share
of the Tri -Party Agreement on In Rem properties that has
expired and is still being negotiated. We are continuing to
record the costs based on the expired Agreement, but have
established an allowance so that, if the agreement is not
renewed, there will be no negative impact on our financial
statements. The City owes Erie County $464,811 for revenue
received on In Rem properties. Therefore, at June 30, 2001 the
net due the City for the Tri -Party Agreement is $2,480,627.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 65
Tax Rate for City of Buffalo - Related Information
The attached material has been filed for your information.
This information relates to Finance Committee Meeting
(February 12, 2002), agenda items 8, 9 and 10.
COPY AVAILABLE IN CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE COMMITTEE ON FINANCE
NO. 66
NYSDEC- BUFFALO OUTER HARBOR BROWNFIELD SITE
FACT SHEET
Attached information available for review in The City Clerk's
office
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 67
MEETING NOTICE
Proposes Remedial Plan for the
Buffalo Outer Harbor Property Brownfield Site
The New York State Department of Environmental
Conservation (NYSDEC), in cooperation with the New York
State Department of Health (NYSDOH), is proposing a remedy
to address the threat to human health and /or the environment
created by the presence of hazardous substances at the
Buffalo Outer Harbor Brownfield site. The next step is to
present the results of the investigation and the Proposed
Remedial Action Plan (PRAP) or clean -up plan to the public for
comment. The results of the Site Investigation, Remedial
Alternatives Report and the proposed clean -up plan is outlined
in the enclosed Fact Sheet.
You are invited to a Public Meeting at which:
• results of the site investigation will be discussed;
• possible remedial actions to be taken at the site will be
reviewed;
• the PRAP will be presented and your comments sought on
the Plan.
The Public Meeting will be held:
DATE AND TIME: Tuesday February 26, 2002 7:00 PM
PLACE: Tifft Farm Nature Preserve' 1200 Fuhrmann
Boulevard
Buffalo, NY
Public comments on the PRAP are welcomed during this
meeting, as well as any written comments received by Monday,
March 25, 2002. All comments received will be carefully
considered as the remedy for the Buffalo Outer Harbor
Property Brownfield Site is finalized. Written comments should
be directed to:
Mr. Gary E. Kline, P.E. Project Manager
NYSDEC 625 Broadway 11th Floor
Albany, NY 12233 -7017
Public input will be factored into a Record of Decision (ROD)
which will describe the remedy selected and why it was
chosen. A Responsiveness Summary will be prepared which
will present the State's answers to any comments or concerns
received during the meeting or comment period.
NOTE: Tifft Farm has made the upped parking lot available
for your use during this meeting.
RECEIVED AND FILED
NO. 68
NOTICE
CHANGE OF MEETING LOCATION
BUFFALO OUTER HARBOR BROWNFIELD SITE PUBLIC
MEETING
The New York State Department of Environmental
Conservation (NYSDEC), in cooperation with the New York
State Department of Health (NYSDOH), has proposed a
remedy to address the threat to human health and /or the
environment created by the presence of hazardous substances
at the Buffalo Outer Harbor Brownfield site. The public meeting
to present the Proposed Remedial
Action Plan WAS to be held at the Tifft Farm Nature Preserve.
Unfortunately, the Department has found it necessary to
change the location for this meeting.
The Public Meeting WILL now be held at:
NEW LOCATION:
Valley Community Center 93 Leddy Street (see map) Buffalo,
N.Y.
DATE AND TIME: Tuesday February 26, 2002 7:00 PM
RECEIVED AND FILED
No. 69
BBB Survey — Some good news for Western New York
The Better Business Bureau recently conducted a
nationwide survey of consumer satisfaction, using consumes in
five US Cites. Buffalo NY was one of the Cities we surveyed,
along with St. Louis, Memphis, Milwaukee, and Seattle.
The national and local results are outlined in the enclosed
report to the public. Consumer confidence is low compared to a
year ago, and especially following the September 11 attack (the
survey was conducted in the weeks following the attack).
However the survey returned some surprising, and for Buffalo
NY - good news. Buffalo industries ranked better than or equal
to the national averages In all 11 retail categories surveyed.
The survey, team of researchers say this a significant indicator
of marketplace satisfaction, and speaks to the quality of life. In
Buffalo NY.
Buffalo area consumers clearly feel they are better off than
consumers elsewhere and when asked that specific question,
only 1 in 10 said they were not. I want to share these interesting
findings with you. Our WINY area can use all the positive,
information about our quality of life we can find. This survey is
certainly that as well as valuable information for leaders in the
11 industries, surveyed.
For more copies of the survey, or for additional information on
the research methods please contact we at any time.
RECEIVED AND FILED
NO. 70
LEGAL ADS — BD OF ED
PARITICIPATION RATES
Please file this item with the Council for Tuesday February
18, 2002 Council Meeting,
If you have any questions, please do not hesitate to contact my
office at (716) 851 -5145.
COPY AVAILABLE IN CITY CLERKS FFICE FOR REVIEW
REFERRED TO THE MINORTTY BUSINESS ENTERPRISE
COMIMITTEE AND THE JOINT SCHOOLS
CONSTRUCTIONS BOARD
NO. 71
ADELPHIA
ECONOMIC IMPACT
COPY AVAILABLE IN CITY CLERKS OFFICE FOR
REVIEW
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 72
JOB SPECS BURA
GENERAL STATFMENT OF DUTIES:
The Financial Control of Agencies performs the
disbursement and receipt functions for the Buffalo Urban
Renewal Agency. They are responsible for the certifying the
availability of funds approved for contract by the Agency.
The Accountant position has responsibilities that include:
Performs difficult and responsible audit work requiring a high
degree of judgment in the application of accounting principles
and practices; does related work as required. Under general
supervision is responsible for the accounting and record
keeping of a department of division. Work involved the
preparation of complex reports and financial
statements. Supervision may be exercised over personnel
assigned. Assigns, auditing, bookkeeping, stock - record
keeping and related work in a department or division;
authorizes or rejects departmental requisitions; supervises
departmental auditing of all
vouchers, orders, contracts and payrolls; sets up financial
controls; prepares complex balance sheets and other financial
statements as may be required. BURA Monthly Requisitions,
BNRC Monthly Bank
Reconciliation write up BNRC Payroll. Inventory control of all
BURA & BNRC files. Monitor Program Requisitions. write up
bills and payments, handle all auditor inquiries on outstanding
notes.
Receive & Log BURA & BNRC payments makes deposits as
required to appropriate accounts. Handle all investments
entries. Monitor all BNRC & BURA insurance contracts for
payment Checks an
various BURA property. Payments for High Risk, Deferred,
Home Program Loans Reviews & Processes ESG & Housing
Trust Fund payments process various departmental invoices
for payment reviews and loan packages for encumbrances
conducts all fiscal monitoring of Community based
organizations, was previously responsible for implementing the
312 Loan Program set -up & payment
requests, responsible for all office deposits, write -ups of BURA
Payroll.
MINIMUM QUALIFICATIONS:
Graduation from accredited college or university with degree in
accounting.
Associate's degree in accounting with non - profit or
governmental accounting experience of at least 5 years.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 73
New York State Toxic Release Inventory
The New York State Toxic Release Inventory Report is
prepared by the Pollution Prevention Unit of the New York State
Department of Environmental Conservation, based on
information submitted by the
regulated businesses. The United States Environmental
Protection Agency prepares a similar national report each year.
About the TRI
In 1986, the U.S. Congress passed the Emergency Planning
and Community Right to Know Act ( EPCRA), which mandated
that a Toxic Release Inventory (TRI) be made public.
Section 313 of EPCRA (commonly referred to as SARA Title
III) requires most manufacturers and certain other facilities to
report releases to the environment of more than 600 designated
toxic chemicals. The reports are submitted to the U.S.
Environmental Protection Agency (EPA) and state
governments.
Facilities must submit reports on or before July I each year for
activities that occurred at the facility during the previous
calendar year. Facilities must report the following types of
information:
locations and quantities of chemicals stored on -site s releases
of toxic chemicals to air, water, and land a off -site transfers - a
transfer of wastes for treatment or disposal at a separate facility
a pollution prevention activities and chemical recycling
Additional background information on the TRI is available on
the EPA's TRI website.
TRI DATE
In the early years of the TRI program, the New York State
Department of Environmental Conservation (DEC) entered the
data received from TRI facilities into its own database. This
database was used to prepare the annual Toxic Release
Inventory report and was made available to the public. The EPA
has also been maintaining a database of TRI submissions and
has recently made this available to the public through its
website. To avoid duplication of effort, DEC now relies on the
EPA database to prepare its report. Anyone who wishes to
review the TRI data for New York should obtain it from the
EPA's TRI Explorer website. The EPA's Toxic Release
Inventory Public Data Release Report summarizes national TRI
data.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 74
REPORT — INACTIVE HAZARDOUS WASTE SITES
Special Report on the status of Inactive Hazardous Waste
Sites in
The City of Buffalo
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR
REVIEW
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 76
CDBG — TAXPAYER DOLLARS RETURNED TO CITIES
COPY AVAILABLE IN CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
PETITIONS
NO. 76
S. CARMINA, AGENT, USE 1140 DELAWARE AVENUE
FOR
A HUMAN SERVICES FACILITY.
(HRG. 2/26)
REFERRED TO THE COMMITTEE ON LEGISLATION,
DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING
BOARD AND CORPORATION COUNSEL.
REGULAR COMMITTEES
CIVIL SERVICE
(MARC A. COPPOLA, CHAIRPERSON)
NO. 77
APPT.- DEPUTY FIRE COMMISSIONER- D'ORAZIO (FIRE)
(CCP #36 -FEB. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 78
APPT.- DEPUTY FIRE COMMISSIONER -M. KEANE (FIRE)
(CCP #37 -FEB. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 79
NOTICES OF APPTS. -TEMP. /PROV. /PERM. (C. CLK.)
(CCP #57 -FEB. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
FINANCE
(BETTY JEAN GRANT, CHAIRPERSON)
NO. 80
TAX ASSESSMENT - 356 HERTEL AVENUE - WILLIAM
SITYLO
(ITEM NO. 19, C.C.P., FEB. 5, 2002)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Ms. Grant moved:
That the Corporation Counsel be, and he hereby is authorized
to settle the 2001 -02 tax assessment on 356 Hertel Avenue by
reducing the assessment from $442, 000 to $180,000.
PASSED
AYES -13 NOES -0
NO. 81
RENEW LEASE - CITY OF BUFFALO SUBSTANCE ABUSE
- 625 WEST FERRY
(A/K /A 656 ELMWOOD AVENUE)
(ITEM NO. 11, C.C.P., FEB. 5, 2002)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Ms. Grant Moved:
That the Executive Director of Strategic Planning be, and he
hereby is authorized to renew the lease between the City of
Buffalo, Substance Abuse Services and 656 Elmwood
Associates, for use of 625 West Ferry (a /k/a 656 Elmwood
Avenue), Suite 201 for use by the Elmwood Counseling Center,
for an additional five (5) year period to commence on
December 1, 2001 and expire on November 30, 2006, under
the same terms and conditions as the previous lease. That the
Corporation Counsel be, and he hereby is authorized to prepare
the necessary documents to renew said lease and that the
Mayor be authorized to execute the same.
PASSED
AYES -13 NOES -0
NO. 82
B. GRAY -V. CRAY- CONCERNS- SECURITY 1382
JEFFERSON AVE.
(CCP #83 -JAN. 22, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 83
B. GRAY -V. CRAY- CONCERNS- SECURITY 1382
JEFFERSON AVE, (A &F)
(CCP#45 -FEB. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 84
COB POLICE DEPT. -FED. ASSET FORFEITURE
ACCT. -ANN. CERT. RPT. -FY ENDED
6/30/01 (COMPT)
(CCP #17 -FEB. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 85
CHANGE IN CONTRACT - RUSSELL MARTI
CONSERVATION
(ITEM NO. 3, C.C.P., FEB. 5, 2002)
That the Commissioner of Public Works, Parks and Streets
be, and he hereby is authorized to issue change order No. 1, to
Russell -Marti Conservation Services., an increase in the
amount of $26,600.00, as more fully described in the above
communication, for work relating to Columbus statue, Gates
Circle, B.E.C.H.S. Langdon Doors, Contract #92010198.
Funds for this project are available in Account 43,4320706.
PASSED
AYES -13 NOES -0
LEGISLATION
(RICHARD A. FONTANA, CHAIRMAN)
NO. 86
G. TONER, PETITION TO USE 346 HOPKINS - TO ALTER
USE FOR USED CAR SALES
(ITEM NO. 77, C.C.P., FEB. 5, 2002)
That after the public hearing before the Committee on
Legislation on January 29, 2002, the petition of G. Toner,
agent, for permission to use 346 Hopkins to alter use for used
car sales be, and hereby is approved as conditions set forth by
the City Planning Board.
PASSED
AYES -13 NOES -0
NO. 87
'S. HARPER & G. COLE, USE 1393 E. DELAVAN -HUMAN
SVS. FAC.- LODGING HSE. (PLAN BD.)
(CCP #7 -FEB. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 88
J O'RILEY, AGT., USE 46 ERNST FOR HUM. SVS. FAC.
(HRG. 7/17)
(CCP #87 -JULY 10, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 89
D. THOMAS -USE 46 ERNST ST. -HSF (PLAN BD.)
(CCP #10 -JULY 24, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 90
J. SANTORO, PETITION TO USE 1460 EAST DELAVAN -
ILLUMINATED SIGN
(ITEM NO. 73, C.C.P., FEB. 5, 2002)
That after the public hearing before the Committee on
Legislation, the petition of J. Santoro, agent, for permission to
use 1460 East Delavan for an illuminated sign be, and hereby
is approved as conditions set forth by the City Planning Board.
PASSED
AYES -13 NOES -0
NO. 91
ORD. AMENDMENT - CHAPTER 175 FEES (GOLF
COURSES, ETC.)
(CCP #88 -JAN. 8, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 92
INSTALL TRAFFIC LIGHT DEVICE /STOP SIGN ON
EMSLIE AT BRISTOL
(CCP #187 -SEPT. 4, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 93
INSTALL ALL WAY STOP SIGNS ON EMSLIE ST. AT
BRISTOL ST. (PW)
(CCP #29 -FEB. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 94
SECONDHAND DEALER - 1434 HERTEL AVENUE
(ITEM NO. 40, C.C.P., FEB. 5, 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 Second Hand Dealer license to,
Heidi Szymaszek, d /b /a Madhouse Furnishings located at 1434
Hertel Avenue.
PASSED
AYES -13 NOES -0
NO. 95
SECONDHAND DEALER - 797 SENECA STREET
\(ITEM NO. 41, C.C.P., FEB. 5, 2002)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mr. Fontana moved:
That pursuant to Chapter 254 of the City Code, the
Commissioner of Permit & Inspection Services be, and he
hereby is authorized to grant a Second Hand Dealer License to
Lloyd Hogan, d /b /a The Good Door Store located at 797
Seneca Street.
PASSED
AYES -13 NOES -0
NO. 96
USED CAR DEALER - 2832 BAILEY AVENUE
(ITEM NO. 55, C.C.P., JAN. 22, 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
Elizabeth Maymi, d /b /a La Familia Auto Sales located at 2832
Bailey Avenue on the condition that there is a five (5) car limit.
PASSED
AYES -13 NOES -0
NO. 97
USED CAR DEALER - 360 DINGENS
(ITEM NO. 56, C.C.P., JAN. 22, 2002)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mr. Fontana moved that the above item be recommitted to the
Committee on Legislati6n.
ADOPTED.
NO. 98
TRAILBLAZING SIGNAGE FOR WILLIAM ST. AS
"PASTOR RICHIE L. DEBOW WAY"
(CCP# 128 -FEB. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 99
PAYPHONE APPLICATIONS (2) PAY -TEL CORPORATION
(ITEM NO. 34, C.C.P., JAN. 22, 2002)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mr. Fontana moved that the above item be and the same is
hereby denied.
ADOPT
NO. 100
PAYPHONE APPLICATION (1) WESTERN NEW YORK
COMMUNICATIONS
(ITEM NO. 35, C.C.P., JAN. 22, 2002)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mr. Fontana moved:
That the above item be and the same hereby is denied.
ADOPT
NO. 101
B. WILLIAMS -F. RENEE BELLAMY- CONCERNS LIGHTS
OUT -TOT LOTS -205 CAROLINA/ 345 VVHITNEY PI
( #67,12/26)
(CCP #123 -JAN. 22,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 102
SPCA - STATISTICS ON HOMELESS /ABUSED AND STRAY
ANIMALS
(CCP #74 -FEB. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
COMMUNITY DEVELOPMENT
(ANTOINE M. THOMPSON, CHAIRMAN)
NO. 103
PHASE I URBAN RENEWAL AREA -598 MAIN ST. -TLC
PROPERTIES - DOWNTOWN
ENTERTAINMENT DISTRICT
(CCP #8 - 02/05/02)
That the above item be and the same is returned to the
Common Council without recommendation.
RECOMMENDED BY THE COMMITTEE ON COMMUNITY
DEVELOPMENT.
Antoine Thompson, Chairman
A public hearing has been set, before the Common Council, at
this regularly scheduled meeting, on the above item, and a
Notice of same has been published in the Buffalo News, a copy
of which is attached hereto.
On a motion by Mrs. LoTempio, seconded by Mr. Davis the
item is properly before the Common Council, and the hearing is
opened.
CARRIED.
Appearances — Maria Scinta, BERC
Mr. Petrullo, Developer
Mrs. LoTempio now moved that the hearing be closed.
Seconded by Mr. Davis
CARRIED.
Mrs. LoTempio moved:
WHEREAS, the Buffalo Urban Renewal Agency has duly
designated 598 Main Street, LLC and /or other legal entity to be
formed as qualified and eligible Redeveloper in accordance
with rules and procedures duly adopted by the Agency, and
WHEREAS, the City Clerk has published a Notice of Public
Hearing, as required by Section 507, Subdivision 2(d) of the
"General Municipal Law" and
WHEREAS, the proposed Land Disposition Agreement has
been duly submitted to this Common Council by the Buffalo
Urban Renewal Agency; and
NOW, TI- IEREFORE, BE IT RESOLVED:
1. That TLC Properties and /or other legal entity to be formed
was duly designated as qualified and eligible Redeveloper by
the Buffalo Urban Renewal Agency, is hereby approved as the
Redeveloper for 598 Main Street in the Downtown
Entertainment District Phase I Urban Renewal Area.
2. That the Mayor, the Chairman, Vice - Chairman, or any officer
of the Buffalo Urban Renewal Agency is hereby authorized to
execute any and all deeds or other documents necessary to
convey land described in the proposed "Land Disposition
Agreement' to 598 Main Street, LLC and /or other legal entity to
be formed in accordance with the terms of said Agreement and
for the consideration recited therein,
PASSED
AYES -13 NOES -0
NO. 104
LAND USE AGREEMENT -BURR & BENDERSON DEV.
CO. -575 DELAWARE AVE.- PARKING LOT
('CCP# 9 - 02/05/02)
That the above item be and the same is returned to the
Common Council without recommendation.
RECOMMENDED BY THE COMMITTEE ON COMMUNITY
DEVELOPMENT.
Antoine Thompson, Chairman
A public hearing has been set, before the Common Council,
at this regularly scheduled meeting, on the above item, and a
Notice of same has been published in the Buffalo News, a copy
of which is attached hereto.
On a motion by Mrs. LoTempio, seconded by Mr. Davis the
item is properly before the Common Council, and the hearing is
opened.
CARRIED.
Appearances — Maria Scinta, BERC, Mr. Berger, Benderson
Developers
Mrs. LoTempio now moved that the hearing be closed.
Seconded by Mr. Golombek
CARRIED.
Mrs. LoTempio moved:
That the City of Buffalo Urban Renewal Agency be, and they
hereby are authorized to enter into a lease agreement with
Benderson Development Company to lease an existing parking
lot located at 575 Delaware Avenue, with conditions as set forth
in the above communication.
PASSED
AYES -13 NOES -0
NO. 105
CONCERNS -BMHA- PUBLIC HSG. DRUG ELIMINATION
PROGRAM
(CCP #25 -DEC. 26, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 106
BMHA -RE FUNDING - PUBLIC HOUSING DRUG
ELIMINATION PROGRAM (CP)
(CCP# 19 -JAN. 22, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 107
CONCERNS BNMA- PUBLIC HOUSING DRUG
ELIMINATION PROGRAM (COMM SVS)
(CCP #60 -JAN. 22, 02)
That the above item be and the same hereby is received and
filed.
F- 1 1910129:1.]
NO. 108
BMHA -RE- FUNDING PUB. HSG. DRUG ELM. PROG.
(PHDEP) (COMM. SVS)
(CCP#46 -FEB. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 109
J. GOLOMBEK -S. WEST- REQUEST BMHA FILE
AGENDA/MINUTES OF MEETINGS
(CCP #82 -JAN. 22, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 110
J. GOLOMBEK -S. WEST -REQ. BMHA FILE
AGENDA/MINUTES OF MEETINGS (BMHA)
(CCP#49 -FEB. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 111
TRANSFER OF TITLE, URBAN HOMESTEAD - 61 BISSELL
STREET
(ITEM NO. 12, C.C.P., FEB. 5, 2002)
That the city -owned property commonly known as 61
Bissell Street, is hereby designated as Homestead Property,
and that the Mayor be, and he hereby is authorized to execute a
deed transferring said property to Ms. Mary E. Scales, residing
at 63 Bissell Street, for the amount of One Dollar ($1.00) and
no more, and all costs of transfer, on the Condition the property
is cleared and improved within six (6) months and maintained
in a sanitary manner.
Passed.
AYES -13. NOES -0.
NO. 112
TRANSFER OF TITLE, URBAN HOMESTEAD - 43 & 45
GREY STREET
(ITEM NO. 13, C.C.P., FEB. 5, 2002)
That the city -owned properties commonly known as
43 and 45 Grey Street, is hereby designated as Homestead
Property, and that the Mayor be, and he hereby is authorized to
execute a deed transferring said properties to Mr. Ron Talboys
of Habitat for Humanity residing at 9511 Keller Road, Clarence
Center, New York, for the amount of One Dollar ($1.00) and no
more, and all costs of transfer, with the conditions: 1) the
specified structure be erected within twelve (12) months; 2) the
structure be purchased by a low income family that meets the
low to moderate income criteria and reside there for a period of
not less than thirty -six (36) months.
Passed.
AYES -13. NOES -0.
NO. 113
TRANSFER OF TITLE, URBAN HOMESTEAD - 57 WENDE
STREET
(ITEM NO. 14, C.C.P., FEB. 5, 2002)
That the city -owned property commonly known as 61
Bissell Street, is hereby designated as Homestead Property,
and that the Mayor be, and he hereby is authorized to execute a
deed transferring said property to Ms. Barbara A. Frantz,
residing at 5 5 Wende Street, for the amount of One Dollar
($1.00) and no more, and all costs of transfer, on the condition
the property is cleared and improved within six (6) months and
maintained in a sanitary manner.
Passed.
AYES -13. NOES -0.
NO. 114
TRANSFER OF TITLE, URBAN HOMESTEAD - 668
WOODLAWN AVENUE
(ITEM NO. 15, C.C.P., FEB. 5, 2002)
That the city -owned property commonly known as
668 Woodlawn Avenue, is hereby designated as Homestead
Property, and that the Mayor be, and he hereby is authorized to
execute a deed transferring said property to Ms. Cheryl Young,
residing; at 670 Woodlawn Avenue, for the amount of One
Dollar ($1.00) and no more, and all costs of transfer, on the
condition the property is cleared and improved within six (6)
months and maintained in a sanitary manner.
Passed.
AYES -13. NOES -0.
NO. 115
R. MILLER - BELMONT MGMT.
CO.- COMPLAINTS - ELLICOTT TOWN CENTER
(CCP #69 -FEB. 5,02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 116
R. RUA -BD. OF ED. -RESP. RE: TECH NAE
VENTURES -PROP. FOR FOURTH ST. SITE
(CCP #72 -FEB. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
EDUCATION
(CHARLEY H. FISHER, III, CHAIRMAN)
NO. 117
C. FISHER - GLEN -MAIN BLOCK CLUB -BFLO. VOC. CTR.
(CCP #85 -MAY 1, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
I-11:2xd /e1SK Lihil11 i94 *1
UNION SHIP CANAL REDEVELOPMENT COMMITTEE
(MARY M. MARTINO, CHAIRPERSON)
NO. 118
S. DOLESKI - NYSDEC -SEQR LEAD AGENCY -UNION SHIP
CANAL DEV. PLAN
(CCP #93 -MAR. 20, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 119
UNION SHIP CANAL SPECIAL DEVELOPMENT PLAN
(ITEM NO. 135, C.C.P., FEB. 5, 2002
That this Honorable Body hereby accepts the FGEIS
as a complete document and hereby directs the City Clerk to
file and publish the Notice of Completion in accordance with
6NYCRR617.10; to advertise notice of a thirty (30) day public
comment period; and to distribute the FGEIS to the following
involved and interested agencies as well as the enumerated
City Departments, Boards, and Commissions and public
viewing sites: The City of Buffalo Department of Public Works,
the Planning Board of the City of Buffalo, Buffalo Sewer
Authority, the City of Buffalo Department of Permits and
Inspections, the Mayor's Office of Strategic Planning, the City
of Buffalo Environmental Management Commission, the
Buffalo Police Department, Buffalo Fire Department, City of
Buffalo Comptroller, Erie County Division of Sewage and
Management, Erie County Department of Environment and
Planning, Erie County Water Authority, Erie County
Department of Health, Erie County Industrial Development
Agency, City of Lackawanna, Empire State Development
Corporation, New York State Department of Environmental
Conservation, New York State Department of Health, New York
State Governor's Office of Regulatory Affairs, State Historic
Preservation Office, New York State Department of
Transportation, New York State Department of State, United
States Army Corps of Engineers, United States Environmental
Protection Agency, and the Downtown, Cazenovia and Dudley
Public Libraries.
Adopted.
NO. 120
M. MARTINO -UNION SHIP CANAL REDEVELOPMENT
PROJECT
(CCP #63 -DEC. 26, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 121
UNION SHIP CANAL REDEVELOPMENT PROJECT
(BERC)
(CCP #51 -FEB. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 122
UNION SHIP CANAL REDEVELOPMENT PROJECT
(BERC)
(CCP #71 -APR. 3, 01)
That the above item be and the same hereby is received and
filed.
F- 1 1910129:1.]
NO. 123
NOTICE OF COMPLETION OF FINAL EIS -SEQR -UNION
SHIP CANAL DIST. (BERC)
(CCP #52 -FEB. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 124
GENERIC ENVIRONMENTAL IMPACT STATEMENT -
UNION SHIP CANAL DISTRICT
(ITEM NO. 102, C. C.P., JUNE 26, 2001)
That this Honorable Body hereby accepts and
approves the generic environmental impact statement for
Development of the Union Ship Canal District.
Adopted.
NO. 125
SUPP. GEN. IMPACT STATEMENT -UNION SHIP CANAL
(STRAT. PLAN)
(CCP #24 -NOV. 13, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 126
CITY PLAN BD -UNION SHIP CANAL DRAFT GEIS
(CCP #9 -DEC. 26, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 127
C. FISHER -B. COLEMAN -BFLO. ENV. MGMT. COMM
- CONCERNS -UNION SHIP CANAL -PROJ. ENV.
REV. PROC.
(CCP #37 -DEC. 11, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
BUDGET COMMITTEE
(ROSEMARIE LOTEMPIO, CHAIRPERSON)
NO. 128
FIRE CO. ROTATION 12/7/01- 1/03/02 (FIRE)
(CCP#42 -JAN. 22, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 129
FIRE CO. ROTATION 1/4/01- 1/10/02 (FIRE)
(CCP#43 -JAN. 22, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 130
FIRE CO. ROTATION 1/11/01 - 1/ 17/02 (FIRE)
(CCP #35 -FEB. 5, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
RESOLUTIONS
NO. 131
By: Mr. Coppola, Mr. Pitts, Mrs. LoTempio, Mr. Fisher,
Ms. Gray. Mr. Bonifacio. Mr. Davis, Mr. Fontana, Mr.
Franczyk, Mr. Golombek, Ms. Grant, Mrs. Martino & Mr.
Thompson
CHILDREN'S HOSPITAL
Whereas: Kaleida Health has proposed closing Children's
Hospital on Bryant Street in an effort to create
savings for their corporation; and
Whereas: Children's Hospital has been a premier health care
facility for women and children in Western
New York for over one hundred years, and
Whereas: Children's Hospital is not only a health care facility
located on Bryant Street in Buffalo, New
York, but, an anchor and an institution in the
community in which it is located; and
Whereas: The closing of this facility will have long lasting
effects, not only in the healthcare it provides
to children, the physicians it attracts from all
over the globe, and the private philanthropy
dollars it garners, but, to the Western New
York Region; and
Whereas: Spokespersons for Kaleida have stated that there
are no other alternatives other than to close
this facility and merge it into another of their
facilities; and
Whereas: In reaction to Kaleida's proposal to close Children's
Hospital on Bryant Street, a group of
Pediatricians. Nurses, Community Activists,
and other interested parties and individuals
have formed a coalition under the name of
Women and Children First Coalition; and
Whereas: The coalition has hired a consultant to analyze the
financial situation of Children' s Hospital in
an effort to establish how and by what means
the facility can remain operational to continue
it's tradition and commitment to offering
specialized care for women and children that
it has for over one hundred years, as a free
standing facility; and
Whereas: For their effort, the Coalition should have available to
them all records and be given ample time to
complete their study.
NOW, THEREFORE BE IT RESOLVED: That this Common
Council requests that Kaleida Health make
all necessary information available,
including, but not limited to, the Hunter
Group Report, to the Women and Children
First Coalition so it can complete a full
comprehensive analysis of Children's
Hospital; and
BE IT FURTHER RESOLVED: That the Common Council
form a Special Committee to work with the
Women and Children's First Coalition in its
efforts to maintain Children's Hospital: and
BE IT FURTHER RESOLVED: That the Common Council
hold a series of public hearings to provide an
opportunity for public debate and discussion
concerning the future of Children's Hospital;
and
BE IT FINALLY RESOLVED: That the City Clerk send certified
copies of this resolution to Kaleida Health,
the Kaleida Board of Directors, and the
Women and Children First Coalition.
REFERRED TO THE COUNCIL PRESIDENT
NO. 132
BY: MR. DAVIS
TRAILBLAZING SIGNAGE FOR WILLIAM STREET AS
"PASTOR R. L. DEBOW WAY"
Whereas: One of Buffalo's native sons, Pastor Richie L.
DeBow matured to adulthood on Monroe Street, graduated
from Public School #75 and completed his high school diploma
at Seneca Vocational High School; and
Whereas: In December of 1962, he married Betty (Myree), and
was blessed through this union with two sons - Michael and
Matthew; and
Whereas: After being called to his vocation in 1974, Pastor
DeBow earned his minister's license on August 9, 1977, under
the guidance of Bishop Candor L. Wilson, of Greater
Emmanuel Apostolic Faith in Columbus, Ohio; and
Whereas: During his twenty year membership in the
congregation of the Cold Spring Church of God in Christ,
Pastor DeBow served as a Deacon, Sunday School
Superintendent, Director of the Choir, Junior Pastor, Assistant
Pastor and Treasurer of the Pentecostal Apostolic Minister's
Alliance; and
Whereas: After being ordained as a Church Elder, and earning
a certificate in Advanced Bible Doctrine, Pastor DeBow
founded The City of Refuge in Jesus Christ Ministry in 1985,
the Praise Tabernacle Church in 1987, a radio ministry "Glory
to His Name" and a thirty- minute telecast "Voices of Praise ";
and
Whereas: Pastor DeBow is the recipient of numerous awards
and honors including the Martin Luther King Cage Classic
Fund; and
Whereas: For all of his contributions, commitment and
dedication to both his community and the City of Buffalo, it is
fitting to honor Pastor Richie L. DeBow for his faithful service;
Now, Therefore, Be It Resolved:
That this Common Council approves the installation of
trailblazing signs proclaiming the portion of William Street
between Shumway Street and Smith Street as "Pastor R. L.
DeBow Way "; and
Be It Further Resolved That:
That this Common Council requests that the Department of
Public Works install trailblazing signs that read "Pastor R. L.
DeBow Way" beneath the existing street signs on William
Street between Shurnway Street and Smith Street.
PASSED.
AYES -13. NOES -0.
NO. 133
BY: MR. FRANCZYK
CLOSING LADDER 11
Whereas: On about February 7, 2002, Fire Commissioner
Worthy ordered the emergency closing of Ladder No. 11 Fire
House at 638 Fillmore Avenue due to structural defects to the
building's floor and support (see attached inspections report) ;
and
Whereas: Ladder 111 was subsequently relocated to 601
Broadway and Rescue No. I was moved to South Division and
Ellicott Streets; and
Whereas: In a published report, Communications Director for
Mayor Masiello Mathew L. Brown stated that "the relocation will
likely be permanent "; and
Whereas: Although the safety of the firefighters is of primary
concern, the Common Council should have been given prior
notification of the structural problem at Ladder 11; and,
Whereas: The Common Council has the authority to vote on
the closing of firehouses, an action that cannot unilaterally done
by the Mayor; and,
Now, Therefore, Be It Resolved:
That this Common Council direct the Fire Commissioner to
report on the closing of Ladder 11 and what impact that will
have on response time and fire protection for the citizens
served by Ladder 11;
Be it further Resolved:
That the Public Works Department report on structural
problems at the fire house, and estimated costs of repair of
Ladder 11. That department should also report if it intends the
building to stand empty and unrepaired contributing to
neighborhood blight;
Be it Finally Resolved:
That the Law Department and above mentioned departments
be available to discuss the concerns and answer the questions
of the Council or interested citizens.
REFERRED TO THE COMMITTEE ON BUDGET, THE
COMMISSIONER OF FIRE, THE COMMISSIONER OF
PUBLIC WORKS AND THE CORPORATION COUNSEL
NO. 134
By: Mr. Golombek
INCREASING HOME OWNERSHIP THROUGH LOAN
GUARANTEES
Whereas: The City of Buffalo has one of the lowest home
ownership rates in the United States, with only 37% of Buffalo
homes being owner occupied, and
Whereas: Home ownership is important to revitalizing
neighborhoods and the City of Buffalo, and
Whereas: During fiscal year 2002 the City expects to assist 80
families in becoming homeowners, and
Whereas: The City needs to take more aggressive steps to
promote home ownership, and
Whereas: Given the current fiscal status of the City of Buffalo
efforts must be taken to leverage public resources with the
private sector, and
Whereas: If the City used part of its federal block grant money
to guarantee bank loans for home buyers, It is estimated that
with a 10 percent default rate, $1 million in block grant money
could leverage $10 million in mortgage loans, creating 300 new
homeowners
($33,000 per home), and
Whereas: Cities such as Los Angeles, Philadelphia and Dallas
have developed partnerships with lenders to coordinate similar
loan guarantees
Now, Therefore, Be It Resolved:
That this Common Council go on record to support the creation
of loan guarantee partnerships with private lenders to increase
the number of home owners in the City of Buffalo, and
Be It Further Resolved:
That this Resolution be forwarded to the Office of Strategic
Planning for an official response.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT AND THE DIRECTOR OF STRATEGIC
PLANNING
NO. 135
BY: MR. GOLOMBEK
DISCUSS REGIONAL ASSISTANCE CORPORATION
Whereas: The City of Buffalo is experiencing a severe
budgetary crisis. To address the fiscal troubles facing the city,
bold and challenging plans must be put forth and acted upon,
and
Whereas: While no one plan will have all the solutions needed,
it is imperative that the governing officials of the City of Buffalo
examine all reasonably feasible plans that address the fiscal
stabilization of our fine city, and
Whereas: If we continue to do what we have always done, we
will continue to get what has gotten us where we are at now,
and
Whereas: In light of the residential exodus from the City of
Buffalo into the surrounding suburbs, regional approaches to
stabilization should be examined thoroughly,
Now, Therefore, Be It Resolved:
That this Common Council wishes to discuss the potential role
that a Regional Assistance Corporation might have in
addressing the resurgence of the City of Buffalo, and
Be It Finally Resolved:
This Honorable Body requests that the City Clerk forward
copies of this resolution to the County, State and Federal
delegations of elected officials serving the City of Buffalo.
REFERRED TO THE COMMITTEE ON REGIONAL
GOVERNANCE, THE ERIE COUNTY EXECUTIVE AND
KEVIN GAUGHAN
NO. 136
BY: MRS. GRANT
INCREASED APPROGRIATION
FUND BALANCE
ENGINEERING
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 - Engineering - Other
Services, be and the same are hereby increased in the sum of
$2,700,000.
FROM:
That the comptroller be and hereby is authorized and directed
to transfer the sum of $2,700,000 from the Unreserved Fund
Balance 107000960- 0397000 to meet this increased
appropriation as set forth below:
10700096 - 397000 - General Fund - Unreserved Fund
Balance $2,700,000
To:
13100006 - 480000 - Engineering Adm Svcs - Other Services
$2,700,000
REFERRED TO THE COMMITTEE ON FINANCE
NO. 137
BY: MRS. GRANT
INCREASED APPROPRIATION
STORM RELATED AID
ENGINEERING
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 - Engineering - Other
Services, be and the same hereby is increased in the sum of
$5,700,000.
That, the comptroller be and hereby is authorized and directed
to increase the revenue estimates of account:
Revenue General City
10700010 -33 1000 - Miscellaneous Federal Revenues (Storm
related Costs) $5,70000
To meet the increased appropriation as set forth below:
13100006 - 480000 - Engineering Adrn Svcs - Other Services
$5,700,000
REFERRED TO THE COMMITTEE ON FINANCE
NO. 138
BY: MRS. GRANT
RE: DISCHARGE COMMITTEE ON FINANCE - COM. 1,
CCP FEBRUARY 5, 2002
(2002 -03 RECOMMENDED BUDGET -DUNN TIRE
PARK - ENTERPRISE FUND (MAYOR)
Whereas: Com 1, CCP February, 2002, "2002 -03
Recommended Budget -Dunn Tire Park Enterprise Fund
(Mayor)" is presently before the Committee on Finance; and
Whereas: It is no longer necessary for this item to
be considered by that committee.
Now, Therefore, Be It Resolved:
That this Common Council does hereby discharge the
Committee on Finance from further consideration of Com. 1,
CCP February 5, 2002, "2002 -03 Recommended Budget -Dunn
Tire Park - Enterprise Fund (Mayor) ", and said item is now
before the Council.
Mrs. Grant moved that the above item be recommitted to the
Committee on Finance.
ADOPTED.
NO. 139
BY: MR. PITTS
SAVE CHILDREN'S HOSPITAL; SAVE THE CITY OF
BUFFALO
Whereas: Children's Hospital is one of the City of Buffalo's
most cherished institutions.
The 110 year of facility is located on Bryant Street, between
Delaware and Elmwood Avenues; and
Whereas: In February, 1999, a little more than a year after the
Kaleida Health Group was formed, Kaleida Health publicly
entertained the idea of building a new Children's Hospital rather
than renovating the existing facility; and
Whereas: The proposed move ignited city -wide criticism.
Pediatricians felt the proposal might be good for Kaleida
Health, the University of Buffalo, the High Street neighborhood
and obstetricians, but it was not good for young patients. They
further felt that children are not small adults; they suffer from
different illnesses that require specialized care, and they
need equipment and an atmosphere that fits their size and age;
a facility devoted to infants and children; and
Whereas: There is clearly a need in the City of Buffalo for a
Children's Hospital in a free standing facility that will keep and
attract pediatric specialists from around the world; and
Whereas: Advocates for keeping Children's Hospital in its
current site have until March 11, 2002 to devise a
counterproposal; and
Whereas: Kaleida Health has lost $16 million in 1998, $23
million in 1999 and $31 million in 2000, and the loss in 2001 will
exceed $60 million, 70 percent of this loss is attributable to
Buffalo General Hospital; and
Whereas: To close or move Children's Hospital to solve
Kaleida Health's financial crisis would have a tremendously
negative effect on the City of Buffalo;
Now, Therefore, Be It Resolved That:
The Buffalo Common Council pledges its support of efforts to
keep Children's Hospital open and in its current location; and
Be It Further Resolved:
This Common Council requests that the Mayor and his
administration began efforts to seek funding to help keep one
of Buffalo oldest and most cherished facilities open in the City
of Buffalo.
ADOPTED
NO. 140
BY: MR. THOMPSON
RE: INCREASE IN CDBG HUMAN SERVICE SPENDING
CAP
Whereas: Community Development Block Grants
are federal allocations to cities based on levels of poverty in the
area; and
Whereas: Currently, the City of Buffalo has a high
concentration of poor
youth and seniors in addition to a rise in poverty overall, a
stagnate
local economy and a State with a multibillion dollar deficit; and
Whereas: The current public services spending cap is
currently set at 15 %;
and
Whereas The City has reached its current public service Cap;
and
Whereas: In order to maintain the city's current fiscal
commitment to youth, senior and human services an increase
in the current public service cap must take place in order to
prevent disastrous effects on families and communities;
Now Therefore Be It Resolved: That this Common Council of
the City Buffalo request that the United States Senate and
House of Representatives authorize the Department of Housing
and Urban Development to increase the public service
spending cap for the City of Buffalo, New York from 15% to
20 %; and
BE! It Finally Resolved: That Copies of this resolution be
forwarded to Senators, Hillary Clinton and Charles Schumer,
Congressmembers John Lafalce and Jack Quinn and secretary
of HUD, Mel Martinez.
ADOPTED
NO. 141
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 Zion Dominion
By Councilmember Charley Fisher
Felicitation for Boys and Girls Club
By Councilmember Pitts, Golombek, LoTempio, Michaux III
ADOPTED
NO. 142
BY: ANTOINE M. THOMPSON
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 f ilin4, same 'with the City
Clerk. -
KATHLEEN K. HABERMAN
ADOPTED
NO. 143
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held
in the Common Council Chambers, 13 "' floor City Hall, Buffalo,
New York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, February 26, 2002 at
9:30 o'clock A.M.
Committee on Finance Tuesday, February
26, 2002 at 10:00 o'clock A.M.
following Civil Service
Committee on Legislation Tuesday, February
26, 2002 at 2:00 o'clock P.M.
Committee on Comm. Dev. Wednesday,
February 27, 2002 at 10:00 o'clock
A.M.
Committee on Education Wednesday,
February 27, 2002 at 2:00 o'clock P.M.
Special Committees
Year 28 CDBG Process Wednesday, Feb 20,
2002- 1:00 o'clock PM & 1:45
o'clock PM; Thursday, Feb. 21, 2002 at 10:00 o'clock A.M.;
Friday, Feb. 22, 2002 at 10:00 o'clock A.M. and 11:00 o'clock
A.M., Monday, 2/25/02 -Trip to Rochester; Wednesday, Feb.
27, 2002 at 3:00 o'clock P.M.; Thursday, Feb. 28, 2002 at 2:00
o'clock P.M.; Friday, March 1, 2002 at 10:00 o'clock A.M. in
Room 1417 City Hall on related issues.
Legislation Committee Thursday, February
21, 2002 at 2:00 o'clock P.M.
in Room 1417 on the Towing Ordinance.
Public Hearing /Special Telecommunication Committee Mtg.
Thursday, Feb. 21, 2002 at 6:00 o'clock P.M. in the Council
Chambers.
(,Public Disclaimer): All meetings are subject to change and
cancellation by the respective Chairmen of Council
Committees. In the event that there is sufficient time given for
notification, it will be provided. In addition. there may be
meetings set up whereby the City Clerk's Office is not made
aware, therefore. unless we receive notice from the respective
Chairmen, we can only make notification of what we are made
aware.
NO. 144
ADJOURNMENT
On a motion by Mrs. LoTempio, Seconded by Mr. Golombek
the Council Adjourned at 4:35 pm
CHARLES L. MICHAUX, III
CITY CLERK