HomeMy WebLinkAbout02-0122No. 2
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
January 22, 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 PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, (JANUARY 22, 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 - 12.
ABSENT — 0
On a motion by Mrs. LoTempio, seconded by
Mr.Fontana, the minutes of the stated meeting held on
January 8, 2002 were approved.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
NO. 3
Mid K Beauty Supply
928 Broadway Avenue
ID Sign and Reader Board
Item No.83, C.C.P. 11/13/2001
The City Planning Board at its regular meeting held
Tuesday, January 15, 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 a 151 "ID" sign located at 928
Broadway Avenue which is in the Broadway Fillmore Urban
Renewal area. 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 fifteen
foot ID sign with a condition that landscaping be placed and
maintained at the base of the sign.
RECEIVED AND FILED
No. 1
Monthly Report for Division of Citizen
Services - December, 2001
Attached is the monthly report from the Division of Citizen
Services.
Up to December 25 th, the trend of the past three months
continued - which was a reduction in all complaint areas.
The record snow fall of late December, is partially reflected in
this report, which includes calls from January 2, 2002 and
snow complaints from January 2 and January 3, 2002.
As a result of lessons learned during the snow disaster, the
complaint lines are now interconnected with the City's Disaster
Coordination Office, so that callers will be able to contact a
"live" operator on a 24 hour basis, during emergencies.
Lastly, this report is a mid -year or six month report, and the
following accomplishment have occurred during the reporting
period:
Rodent control - the division plotted all rodent complaints and
worked with the Erie Court Health Department, in aggressively
attacking and abating "hot spots" in the city. This effort in
conjunction with the expansion of the city's garbage tote
program, reduced rodent complaints to nearly none. The
division's site crew, cleaned and boarded up over 500 vacant
buildings. The division's site crew, resolved over 100
complaints of illegal dumping, high grass an( debris; including
the cleaning of viaducts. Over 80% of the complaints (20,000 +)
received in the reporting period, have been addressed and
closed out. The division's anti -crime programs - Weed & Seed
and Save Our Streets, have worked wit] the Buffalo Police
Department in resolving complaint calls at over 200 addresses.
The division's Keep Western New York Beautiful program,
completed over 40 community gardens; initiated an anti - graffiti
and prevention program and distributed over 150,000 flower
bulbs and planted over 1000 trees and saved over 300 trees
with maintenance work.
The division continued to provide programming at 12 schools,
under the banner of the Mayor's Community Schools program.
The division continued to provide investigative services and
information by the City's Fair Housing Officer.
The division working with Public Work's Division of Forestry,
saw the completion of the City's Tree Inventory, which lists
locations and conditions of all the City's trees. This information
has not been available in the past 25 years.
Most importantly, through daily contact with all city
departments, complaints in all service area categories were
dramatically down over the past six months.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE CITY PLANNING BOARD
NO. 2
Queen City Lounge
199 Delaware Avenue
Wall Sign
Item No.73, C.C.P. 12/26/2001
The City Planning Board at its regular meeting held
Tuesday, January 15, 2002 considered the matter captioned
above pursuant to Section 511 -55 of the Buffalo Code,
restricted use permits
The applicant seeks to erect an illuminated wall mounted
11 ID11 sign at 199 Delaware Avenue located in a "DO" zoning
district. 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 78 sq
ft. illuminate wall mounted sign as presented.
RECEIVED AND FILED
NO.4
Family Dollar Store
736 East Delavan Avenue
Pole sign / wall sign
Item No.39, C.C.P. 01/08/2002
The City Planning Board at its regular meeting held
Tuesday, January 15, 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 one 181 x6lx101 pole sign and two
illuminated wall "ID" signs located in a "c1" zoning district.
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 pole
and wall signs as presented. These signs require approval
from the Zoning Board of Appeals before they can be erected.
RECEIVED AND FILED
NO. 5
Buffalo Self Storage
363 Dingens Street
Pole sign /wall "ID11 sign
Item No.69, C.C.P. 12/26/2001
The City Planning Board at its regular meeting held
Tuesday, January 15, 2002 considered the matter captioned
above pursuant to Section 387 -19 and 511 -126 of the Buffalo
Code, Application for billboard, ground or pole sign permits and
amendments construal.
The applicant seeks to erect a 3'x201 wall mounted "ID" sign
and a 51x 101 x1 51 pole sign at 363 Dingens Street located in a
11 CM11 zoning district. 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 pole
sign and wall sign as presented.
RECEIVED & FILED
NO. 6
Family Dollar 39 East Parade monument sign
Item No.52, C.C.P. 12/11/2001
The City Planning Board at its regular meeting held Tuesday,
January 15, 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 a monument 7'.4 "(H)X 81 (W)
"ID" sign at 39 East Parade Circle which is located in a "C2"
zoning district. 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 sign with landscaping placed at the base of the sign.
RECEIVED & FILED
NO. 7
Scheduled Demolition - Property Located
@ 1313 Main Street
Item No. 84, CCP January 8, 2002
The St. Vincent's Female Orphan Asylum, also known as
the former Erie Community College -City Campus, is located
on the block bounded by Main, Riley and Ellicott Streets. The
complex is comprised of four (4) separate buildings:
1) the 1863 Robinson - Squier Mansion, the connector and an
1886 addition,
2) the 1898 -99 Green & Wicks Orphanage fronting Ellicott
Street;
3) the 1935 Dietel Gymnasium;
4) the G. Barrett Rich Mansion Three of these buildings, the
Robinson - Squier Mansion, the Green & Wicks Orphanage and
the Dietel Gymnasium and the land they are situated on were
grouped together and was designate a local historic landmark
by the Common Council on July 25, 1989. The demolition order
should have been specific as to which building (s) were slated
for emergency demolition and should have been listed
individually. At the Preservation Board meeting on January 10,
2002, the Chairman scheduled a site inspection for the
property for Wednesday, January 16, 2002. As of this meeting,
the owner of record, Cash Cunningham presented the
Preservation Coalition with three (3) options:
1) give the Preservation Coalition the footprint of the existing
building "as -is" along with unrestricted use of land between the
building & Main Street;
2) Bailey- Robinson (owners' company) will demolish the
"Connector" and the 1886 buildings, maintain title to the
"Squier" Mansion & give the Preservation Coalition a one (1)
year period to market the building;
a) Preservation Coalition to board -up the "Squier" Mansion &
mothball it for a one (1) year marketing period;
b) The Marketing price must be sufficient to cover
Bailey - Robinson's costs (demolition, taxes, etc);
c) Bailey- Robinson will retain easement for parking to run with
the land. Bailey- Robinson will demolish the "Connector" and
the 1886 buildings and deed the footprint of the "Squier"
Mansion to the Preservation Coalition along with the easement
for access.
a) Preservation Coalition will be responsible for the boarding -up
or
repair to the "Squier" Mansion.
All of these options are contingent upon: a) the Preservation
Coalition being a legitimate active NYS Corporation b) the
support of the City of Buffalo & the Buffalo Preservation Board
c) Preservation Coalition and its Board members will not initiate
or support any application for National Landmark Status or
listing on the National Register of Historic Places. If marketing
is not successful within one (1) year, the Preservation Coalition
will buy or will not oppose demolition of the "Squier" Mansion.
All parties were requested to attend the Preservation Board
meeting on January 24, 2002 a which time the Board will review
the reports of the individuals present at the site
inspection and will forward its recommendation to Judge Devlin
or the current presiding Housing Court Judge. If you have any
questions, please contact Thomas W. Marchese, Executive
Secretary at
851 -5029.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 8
INFO — CAPITAL IMPROVEMENT PROGRAM
On November 1, 200 1, Mayor Anthony M. Masiello submitted
his proposed 2002 Capital Budget to the Common Council
(CCP 11/13/2001 Item No. 2) for approval.
The Buffalo Common Council did not act on the
recommendations on or before December 15'. Consequently,
the Mayor's recommendations officially become the 2002
Capital Budget, as per section 20 -29 of the City Charter. I am
requesting that your office promptly publish the Capital
Improvement Program in the city record and distribute
summaries to the news media, per City Charter Sec. 20 -29.
1 have included a summary of the Mayor's 2002 Capital Budget
and pertinent sections of the City Charter referenced above.
If you have any questions, please contact me directly by calling
851 -4794.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 9
City of Buffalo Consolidated Annual
Performance And Evaluation Report
for May 1, 2000 - April 30, 2001
The City of Buffalo's Consolidated Annual Performance And
Evaluation Report (CAPER) for the May 1, 2000 -April 30,
2001 reporting period is attached for your information. The
Report was submitted to HUD on December 11, 2001. If you
have any questions or comments related to the CAPER, please
refer them to the Office of Strategic Planning.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 10
Easement Agreement
Verizon for Use of
814 Tonawanda Street
Riverside Branch Library
The Office of Strategic Planning, Division of Real Estate,
has received the attached easement agreement from Verizon
for use of city owned property located at 614 Tonawanda
Street. They are requesting a telecommunication easement for
property as described in the attached proposed easement
"Exhibit All.
This office has contacted the Corporation Counsel's Office and
the Department of Public Works and they have indicated that
they have no objections and /or conditions in reference to the
attached proposed easement.
I am, therefore, recommending that Your Honorable Body
approve this easement agreement. I am further requesting Your
Honorable Body to authorize the Corporation Counsel to review
this agreement for their approval as to form and authorize the
Mayor to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
CORPORATION COUNSEL
NO. 11
Transfer of Title, Urban Homestead Program
160 Winslow (City Owned - vacant lot, 30'x 108')
The Office of Strategic Planning has surveyed the
city -owned vacant lot at 160 Winslow Street, Buffalo New York
14208, parcel is 30' x 108' in dimension; and it has been
determined that this parcel is inappropriate for either the
construction of new housing or needed for public purposes.
Mr. Kenneth E.. Bulls residing at 164 Winslow Street indicated
that he will clean, improve and maintain the lot 'in the event that
he obtains title to the property under the Urban Homestead
Program.
The Division of Inspections and Division of Collections have
been contacted. There are no proper 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 Proper and be transferred to Mr.
Bulls 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 January 7, 2002, be received and filed; and
That the city -owned property commonly known as 160 Winslow
Street., is hereby designated as Homestead Property, and that
the Mayor be, and he hereby is authorized to execute a deed
transferring said property to Mr. Kenneth E. Bulls, residing at
164 Winslow 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. 12
YEAR 27 2001 CONSOLIDATED
ACTION PLAN RESPONSE
(Item No. 161 , C.C.P.10/30/01)
Attached for your information is a copy of the City's
response to HUD regarding questionable activities presented ii
the Year 27 (2001 -2002) Consolidated Action Plan.
The Office of Strategic Planning is available to address any
questions you may have. Copy available in City Clerks office.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
FROM THE COMPTROLLER
NO. 13
CAPITAL DEBT SERVICE FUND
DEPOSITS - 2001/2002 FISCAL YEAR
Certificate Number 2 -01/02 of the Comptroller of the City of
Buffalo, New York, relative to the Capital Debt Service of Fund
of said city, stating the amounts to be deposited therein and
paid therefrom for the period
Commencing July 1. 2001 and ending June 30, 2002
1 Anthony R. Nanula, Comptroller of the City of Buffalo, New
York, in accordance with the provisions of Section 202 of the
resolution entitled: "Enabling Resolution of the City of Buffalo,
New York, Establishing a Capital Debt Service Fund,
Determining the Terms and Conditions of Such Fund and
Other Matters in Connection Therewith, and Providing for the
Rights of Holders of Capital Debt Obligations of the City." duly
adopted by the Common Council on March 8, 1977, and
pursuant to the duties of the chief fiscal officer set forth therein,
Do Hereby Certify as follows:
1. The Capital Debt Service Fund Requirements for the fiscal
year commencing July 1, 2001 and ending June 30, 2002 is
$53,850,563.33.
2. The portion of said Capital Debt Service Requirement
allocated to the First Collection Period (July 1, 2001 through
and including November 30, 2001), is $25,877,737.51.
3. The portion of said Capital Debt Service Requirement
allocated to the Second Collection Period (December 1, 2001
through and including June 30, 2002), is $27,972,825.84.
4. The First Collection Period portion of the Capital Debt
Service Requirement is due and payable during the period
commencing July 1, 2001 and ending December 3 1, 2001 on
the obligations, in the amounts, on the dates, and at the place
or places as set forth below:
Obligation Amount Due Date Due Place Due
Serial Bonds $3,489,385.64 Jul. 31, 2001 M & T Trust
Company
Texas
Buffalo,
New York
Aug.14,2001 HSBC
Serial Bonds 267,347.50 Jul. 31, 2001
Chase Man.
Bank,NA
Sept. 28, 2001
Serial Bonds 2,120,000.00
Dallas,
Texas
New York,
Serial Bonds 1,247,267.50 Jul. 31,2001
HSBC
Serial Bonds 254,742.50
New York,
New York
New York,
Serial Bonds 127,786.25 Aug.14,2001
Chase Man.
Bank, NA
$25,877,737.51
Dallas.
Texas
Dallas,
Serial Bonds 428,560.00
Aug.14,2001 HSBC
Trust Company
New York,
New York
Sept. 28, 2001
Serial Bonds 2,120,000.00
Aug.15,2001 HSBC
Serial Bonds 965,000.00 Dec. 3, 2001
New York,
New York
Serial Bonds 254,742.50
Sept. 28, 2001 HSBC
Serial Bonds 185,000.00 Dec. 3, 2001
New York,
New York
Serial Bonds 59,470.00 Oct. 1, 2001 Chase Man.
Bank, NA
New York,
New York
Serial Bonds 1,020,000.00 Feb. 15, 2002 Chase Man.
Bank, NA
Dallas, Texas
Serial Bonds 458,551.25 Mar. 29, 2002 M & T Trust
Company
Buffalo, New
York
Serial Bonds 195,605.00 Mar. 29, 2002 HSBC
New York, New
York
Dallas,
Dallas,
Texas
Trust Company
M & T Trust
Serial Bonds 458,551.25
Sept. 28, 2001
M & T Trust
Company
Serial Bonds 965,000.00 Dec. 3, 2001
Chase Man.
Bank, NA
Buffalo, New
York
Serial Bonds 185,000.00 Dec. 3, 2001
HSBC
Serial Bonds 2,075,000.00
Oct. 1, 2001
HSBC
$25,877,737.51
New York,
New York
Director of the
Treasury with the M & T Trust Company, Buffalo, New York,
Serial Bonds 20,400.00
Nov. 1, 2001
Chase Man.
Bank, NA
the period
commencing January 1, 2002, and ending June
30, 2001, on
the obligations, in the amounts, on the dates, and
Dallas, Texas
Serial Bonds 2,268,753.12
Nov.30,2001
M & T Trust
Company
Serial Bonds $3,489,385.63 Jan.31,2002
M & T Trust
Company
Buffalo, New
York
York
Chase Man.
Serial Bonds 656,776.25
Nov.30,2001
HSBC
New York,
New York
HSBC
M & T Trust
Serial Bonds 283,697.50
Nov 30, 2001
Chase Man.
Bank, NA
M & T Trust
Company
New York,
New York
Serial Bonds 1,020,000.00 Feb. 15, 2002 Chase Man.
Bank, NA
Dallas, Texas
Serial Bonds 458,551.25 Mar. 29, 2002 M & T Trust
Company
Buffalo, New
York
Serial Bonds 195,605.00 Mar. 29, 2002 HSBC
New York, New
York
Dallas,
Texas Serial Bonds 10,970,000.00 Dec. 3,
2001 M & T
Trust Company
M & T Trust
Company
Buffalo, New
York
Serial Bonds 965,000.00 Dec. 3, 2001
Chase Man.
Bank, NA
Dallas, Texas
Serial Bonds 185,000.00 Dec. 3, 2001
HSBC
Bank, NA
New York,
New York
$25,877,737.51
Dallas, Texas
5. The aggregate amount to be deposited by the
Director of the
Treasury with the M & T Trust Company, Buffalo, New York,
commencing on July 1, 2001 is $25,877,737.51
6. The Second Collection Period portion of the Capital Debt
Service Requirement is due and payable during
the period
commencing January 1, 2002, and ending June
30, 2001, on
the obligations, in the amounts, on the dates, and
at the place
or places as set forth below:
Obligation Amount Due Date Due Place
Due
Serial Bonds $3,489,385.63 Jan.31,2002
M & T Trust
Company
Buffalo, New
York
Chase Man.
Serial Bonds 267,347,50 Jan.31,2002
Chase Man.
Bank, NA
Dallas, Texas
Serial Bonds 1,247,267.50 Jan.31,2002
HSBC
M & T Trust
New York,
New York
Serial Bonds 10,341,000.00 Feb. 1, 2002
M & T Trust
Company
Buffalo, New
York
Serial Bonds 860,000.00 Feb, 1, 2002
Chase Man.
Bank, NA
Dallas, Texas
Serial Bonds 3,160,000.00 Feb. 1, 2002
HSBC
New York,
New York
Serial Bonds 127,786.25 Feb. 14, 2002
Chase Man.
Bank, NA
Dallas, Texas
Serial Bonds 361,250.00 Feb. 14, 2002
HSBC
New York,
New York
Serial Bonds 1,020,000.00 Feb. 15, 2002 Chase Man.
Bank, NA
Dallas, Texas
Serial Bonds 458,551.25 Mar. 29, 2002 M & T Trust
Company
Buffalo, New
York
Serial Bonds 195,605.00 Mar. 29, 2002 HSBC
New York, New
York
Serial Bonds 2,110,000.00
April 1, 2002
M & T Trust
Company
Buffalo, New
York
Serial Bonds 469,470.0
April 1, 2002
Chase Man
Bank, NA
Dallas, Texas
Serial Bonds 105,400.00
May 1, 2002
Chase Man.
Bank, NA
Dallas, Texas
Serial Bonds 2,038,713.13
May 31, 2002
M & T Trust
Company
Buffalo, New
York
Serial Bonds 262,950.00
May 31, 2002
Chase Man.
Bank, NA
Dallas, Texas
Serial Bonds 653,076.25
May 31, 2002
M & T Trust
Company
New York, New
York
Serial Bonds 805,023.33 June 15, 2002 M &, T Trust
Company
New York, New
York
$27,972,825.84
7. The aggregate amount to be deposited by the Director of the
Treasury with the M &T Trust Company, Buffalo, New York,
commencing on December 1, 2001 is $27,972,825.84.
8. Pursuant to Section 202 (b) of said Enabling Resolution, the
Director of the Treasury shall deposit the amounts shown in
Section 5 and 7 hereof in the Capital Debt Service Fund held
by the Trustee, M &T Trust Company, Buffalo, New York,
immediately upon receipt of any payment of or on account of
any City ad valorem property taxes, until the amount deposited
during each Collection Period is equal to the amount shown in
Section 5 and 7, respectively.
9. 1 have this day delivered a copy of Certificate Number
2 -01 -02 to the Director of Treasury and to the Fleet Bank,
Buffalo, New York.
IN WITNESS WHEREOF, I have hereunto set my hand this
14th Day of January, 2002
CITY CLERK'S CERTIFICATE
1, CHARLES L. MICHAUX, 111, City Clerk of the City of
Buffalo, New York, DO HEREBY CERTIFY that the foregoing
is a true and correct duplicate of Certificate Number 2 -01/02
which, duly executed by the Comptroller of the City of Buffalo
on January 14th, 2002, with respect to the Capital Debt Service
Fund of said City, was filed in the Office of the City Clerk on
January 14th, 2002, for presentation to the Common Council of
the City of Buffalo at the next stated meeting of said Common
Council on January 22nd, 2002.
1 DO FURTHER CERTIFY that no resolution electing to
reassume any of the powers or duties mentioned in said
Certificate and delegated to the Comptroller by the resolution
cited in said Certificate has been adopted by said Common
Council.
IN WITNESS WHEREOF, I have hereunto set my hand and
the corporate seal of said City of Buffalo this 14th day of
January, 2002
REFERRED TO THE COMMITTEE ON FINANCE
NO. 14
CASH FLOW PROJECTIONS
Projecting and tracking cash flow is a difficult process in the
best of circumstances, and particularly given the number of
uncertainties on the arrival of various state aid monies and
other revenues due the city and schools. Nonetheless, I have
attempted to provide you with best projections available for the
next six months, reflecting the combined city - schools cash flow
that is currently our method of doing business.
These projections are based on cash flow numbers supplied by
the administration's budget office and the school district's
finance department. I am also providing for your information
separated cash flow projections for the city and the schools, a
track that I'm hopeful we'll be moving to in the near future. As
you can see by the accompanying charts, the city's borrowing
needs at the end of last October would have been
approximately $20 million, reflecting the city's maximum cash
flow deficit. As for the schools, the need was much greater and
would have required a RANS of approximately $90 million
based upon its cash flow deficit at the end of November.
These numbers are based on the actual cash flow for July,
2001 to December, 2001. This disparity may be the best
argument in support of segregating the city and school board's
cash functions as proposed by the state comptroller and
recommended by the Partnership's independent study. I
support that idea and reserve the right to take up that
discussion in greater detail in the near future. As to our current
projections, please note that our major revenue source is state
aid to education in the form of basic aid, categorical aid, and
miscellaneous federal and state aid.
The total of this education aid approaches $460 million
annually, and therefore any fluctuation in the timing and
amount of any part of this aid has potentially serious
consequences to our cash flow picture. The Board of
Education must monitor and adjust, on a monthly basis, any
deviation in the receipt of these revenues along with their
expenditures. This is especially important in the fourth quarter
when we need to begin setting aside basic education aid to
repay our RANS due June 27, 2002 Without the benefit of an
adopted state budget by April 1, it becomes necessary to
confirm as soon as possible the April, May and June basic aid
payments. The school district has put the state on notice of the
critical importance of accelerating reimbursements for
categorical and special program expenditures.
We must also be wary of the impact of the economy on sales
tax revenues. The amount presented in the cash flow analysis
is at budget, but is approximately $6 million less than
2000 -2001 actuals. Also to be considered are the salary and
non -salary expenditures and their impact as a result of the
budget cutting measures for the board and the district.
Items not included in the cash flow are:
A) $5.8 million of state Assembly aid proposed for the schools
B) B) $19.1 million of "spin up" aid requested by the mayor for
payment in June 2002.
C) C) $1.5 million "Due from Other Funds" money as a result
of increases in Water and Solid Waste Funds.
D) D) Proceeds from potential asset sales.
E) E) Accelerated reimbursements from state for categorical
aid expenditures.
As we presented to credit rating agencies, we believe that the
cash flows projected here demonstrate the ability of the city and
the school district to finish the fiscal year with a modest cash
balance. The administration has also indicated its intent to
establish a budget reserve fund that would help restore
confidence in the city's finances. This would contribute to our
continued access to the credit markets for both short and
long -term debt, and also show that the city and schools have
been able to successfully manage their own fiscal affairs
without the need of a municipal control board.
I plan to provide the Council with a monthly cash flow
reconciliation of actuals to projections for both the city and the
schools. This monthly window into cash flow should be helpful
in measuring the city's fiscal condition.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 15
City's Fleet of Owned or Leased Vehicles
(Item # 13 3 CCP Dec. 26, 200 1)
I have announced my intention to conduct an audit of the city
vehicle fleet Jan. 29 and 30th. All Cit3 vehicles and their
operators are being asked to come to the city auto impound for
the audit, and all holders of city gas keys are also being asked
to register with our city auditors. I will file a report with the
Council on the results of this audit as soon as possible. We
should better be able to determine as a result of this audit the
true cost to taxpayers of these cars, and it may help to guide
any policy changes you may consider in this regard.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE PRESIDENT OF THE COUNCIL
NO. 16
2002 RATE INCREASE
This year Adelphia observes its 50th anniversary of
providing quality cable entertainment. In that half- century, we
have continuously been in the forefront of the cable industry in
developing new technologies that bring our customers both
exceptional value and prompt, courteous customer service.
The telecommunications business has changed, with the
advent of new products and services, as well as the emergence
of competitive providers. The fact that Adelphia has not only
retained its base of subscribers, but has continued to add new
ones in the face of aggressive competition, suggests that we
have met or exceeded our customers' expectations.
Our twin foundations -value and service -have served us well
over the years. By creating a modem infrastructure, Adelphia
has been able to expand our product offerings well beyond the
scope of basic cable television, from the expanded
programming of Adelphia Digital Cable to the high -speed
Internet access available through Adelphia Power Link. It also
positions Adelphia to provide even more advanced products,
from video -on- demand to residential telephone service over
cable lines, as the marketplace conditions evolve. Additionally,
the presence of a modem technology infrastructure is important
to any community seeking to retain current employers or
attracted new industries.
One of the immediate benefits of the upgraded cable system is
the availability of additional programming services. In
November, 2001, the addition of the following programming
service to Adelphia's cable service in the City of Buffalo took
place:
Hallmark Channel - a 24 -hour cable television program
service that provides high quality entertainment that is
family - friendly and has a lineup that incorporates original
movies, series and miniseries created exclusively for Hallmark
Channel.
Providing the expanded programming and sophisticated
services that our customers value, at the same time we
respond to competitive challenges, requires a substantial
investment in technology. Additionally, Adelphia incurs higher
costs from the providers of many of the programming services
our subscribers enjoy (ESPN, Nickelodeon, etc.). Like other
businesses, Adelphia also constantly faces increases in
expenses such as wages, specialized training for our customer
service representatives, utilities, fuel, insurance and equipment
needed to support a company that provides service 24 hours a
day.
As a result of these continually rising costs, we reluctantly find
it necessary to adjust our service rates. Effective with
customers' March billing statements, the following price
adjustments will go into effect:
Current Basic New Basic
$35.50 $38.00
Current Digital Addset New Digital Addset
$6.00 $6.50
These increases, while modest in scope, will allow us to remain
competitive in the year ahead. Our customer service
representatives are available 24 hours a day, seven days a
week, to discuss these changes and answer any questions our
customers may have.
Adelphia is proud to be a good corporate citizen of the City of
Buffalo. By providing a modem telecommunications network,
supporting local charitable and civic organizations, delivering
free cable service and Internet access to local schools, and
providing local jobs, Adelphia continues its active involvement
in the development of our community.
Please feel free to contact me if you would like to discuss these
changes, or any other aspect of Adelphia's service to the
Buffalo community.
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS AND THE PUBLIC SERVICE
COMMISSION
NO. 17
Asbury Delaware Methodist Church Righteous Babe as
Developer
Righteous Babe's designation as Developer of the Asbury
Delaware Methodist church Project expires on February 25,
2002.
From the very outset, it has been understood that the City
Would Undertake restoration of the exterior of the building, and
Righteous Babe Would repair and construct the interior space
for use as both office facilities and performance space.
Enclosed is a copy of the proposal which was submitted to the
Department of Community Development. which I believe you
also have in your files.
Righteous Babe cannot move forward without, a binding
contract with the City reflecting the obligations of the City and
the Developer. Unfortunately, the City's present financial
condition has hindered its ability to put into writing its
obligations without knowing Its Sources of funding. The City of
Buffalo Is not yet bankrupt; I know that the Administration has
the ability to find and define these Sources internally. If they are
not immediately available, they call be identified as available
within a reasonable time frame. Righteous Babe is willing to
cooperate in allowing the City to phase its work, so long as
essential work is under contract and completed In conjunction
with Righteous Babe's Substantial investment and Occupancy
of the building
Righteous Babe Would like to be in the interior of the building,
with finished office space, by the Fall of this year. To do so, it
Must invest another $150,000.00 In architectural and
engineering work ($100,000.00 has been expended to date). It
would be foolish to proceed with his work if the roof and certain
exterior elements are not commenced and under contract
within the next two weeks.
I expect to meet with the Mayor and Commissioner Ryan this
Friday with the expectation that assurances can be given that
the contract specifying the City's obligations will be ready for
review by me by the end of next week, and signed no later than
two weeks from this Friday.
As I assume that the Common Council and one of its
Committees will be required to review the contract, I am placing
this situation before you at this time so that this exciting project
will not be further delayed, or worse yet, lost.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT, THE DIRECTOR OF STRATEGIC
PLANNING, THE CORPORATION COUNSEL AND THE
COMMISSIONER OF PUBLIC WORKS
NO. 18
UTILITY COSTS AT J.B. WILEY SPORTS AVILION
(1) $11,012.36 [5/01/00- 9/30/00]
(2) $7,525.25 [10/01/00- 6/22/01]
BFNC has had a CDBG contract to support the operations
of the Johnnie B. Wiley Amateur Sports Pavilion. The BFNCs
role has been as bookkeeper and pass -thru agent for the War
Memorial Stadium Board and its staff, led by Larry Stilts.
We have previously submitted the attached utility bills to the
Buffalo Urban Renewal Agency who indicated that there were
not sufficient funds in the grants to pay for these costs [costs
substantially in excess of budgeted amount] and the City's
Department of Public Works who stated that since it is a prior
year item they have nothing to do with these bills. In order to
obtain satisfaction, we are therefore filing a claim against the
city in the amount of $18,537.51.
BFNC is a not - for - profit human services corporation. We
agreed to provide the fiscal support services to Mr. Stilts and
the Stadium Board in order to facilitate their operations. We
had the utilities turned on in our name. Therefore, lack of
payment of these bills would have resulted in a potential
shut -off of electrical services to our facilities crippling our office
and client residential operations. Mr. Stilts was never
successful in obtaining sufficient additional dollars to amend
the CDBG contracts to pay for these expenses under Year 25
CDBG. In July of 2001, we converted the utility expenses to the
City of Buffalo. Bills received in the BFNC name and
attributable to the Wiley Pavilion were forwarded to the attention
of Mr. Giambra, Public Works Commissioner.
In good faith we advanced funding for these expenses. I now
must ask that in good faith and hard cash the city of Buffalo
reimburse the BFNC.
REFERRED TO THE COMMITTEE ON FINANCE, THE
COMMISSIONER OF PUBLIC WORKS AND CORPORAION
COUNSEL
NO. 19
FUNDING- PUBLIC HOUSING DRUG ELIMINATION
PROGRAM
In early 200 1, the US Department of Housing and Urban
Development was in the process of preparing its FY2002
appropriations. Preliminary appropriations showed that the
Public Housing Drug Elimination Program ( PHDEP) would not
be funded. Reaction from public housing agencies including
the Buffalo Municipal Housing Authority consisted of letters to
our local representatives in the House and Senate along with a
petition drive in which BMHA residents signed in support of the
program. These materials were supplied to Ms. Jacqueline
Ruston, Legislative Assistant to the Council on May 14,2001.
As time went by and with the events of September 11, 200 1,
FY2002 appropriations were not finalized until late November
2001 at which time, I sent a letter to the Mayor and copied all
Councilmembers (attached) regarding this matter and how it
affects the City of Buffalo Division of Substance Abuse
Services' contract with the BMHA.
The BMHA has been informed that PHDEP has been
transferred to the operating fund with Congress increasing the
overall operating fund (nationwide) by 8. 1 %. By doing the
appropriation this way, Congress has now opened up PHDEP
funds to over 3,000 Housing Authorities nationwide whereas
when it was a competitive grant only 250 or so agencies
received funding. This will surely mean a decrease in the
dollars allocated for drug treatment, prevention and intervention
at the BMHA.
Unfortunately, as of the date of this letter, the BMHA has not
received its allocation from HUD for 2002 or any new
restrictions /regulations that may accompany those funds.
Therefore, until such time as the BMHA has received its
allocation and reviewed its impact on the internal structure
(staffing) of the BMHA, the BMHA cannot enter into any new
contracts previously funded by the Public Housing Drug
Elimination Program.
I am hopeful that allocations will be forthcoming from HUD
within the next month and that our review process can begin
and all matters resolved as soon as possible.
If you should have any further questions regarding this matter,
please do not hesitate to contact my office.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT, DIRECTOR OF COMMUNITY SERVICES
AND THE COMMISSIONER OF ADMINISTRATION AND
FINANCE
NO. 20
PAST DUE BILL Drake Lawn & Garden, Inc.
Attached is a PAST DUE Bill for the Johnnie B. Wiley Sports
Pavilion from Drake Lawn & Garden, Inc. and a Quote Form
with (3) three quotes for the purchase of a snow blower, which
we are in need of. Also this piece of equipment was part of our
allocation.
Thank you in advance for your cooperation.
COPY OF BILL AVAILABLE IN CITY CLERKS OFFICE
REFERRED TO THE COMMITTEE ON FINANCE, THE
COMMISSSIONER OF PUBLIC WORKS AND
CORPORATION COUNSEL
NO. 21
Niagara Mohawk (Electric Bill)
Attached is the Electric Bill for the Johnnie B. Wiiley Sports
Pavilion.
Thank you in advance for your cooperation.
COPY OF INVOICE AVAILABLE IN CITY CLERKS OFFICE
REFERRED TO THE COMMITTEE ON FINANCE, THE
COMMISSIONER OF PUBLIC WORKS AND
CORPORATTON COUNSEL
NO. 22
Summary of information on Garbage Collection
Privatization Issues from Rochester, NY,
Syracuse, NY & Phoenix, AR.
Rochester, NY
Rochester was considering privatization of garbage collection
in the early 1980's, but instead hired Mr. Lou Guillmette, who
had years of experience working for BF1. Mr. Guillmette was
hired to streamline and update Rochester's municipal solid
waste operations. Their collection is still carried out by
unionized municipal employees who have full benefits.
Rochester's current charges are:
$241 for a single house
$482 for a double
$535 for a triple
From Rochester's perspective, if privatization is being
considered, it is important to know the details of currently
delivered services and to put those details accurately in the bid
specs. Otherwise, every time an extra service is needed, it will
involve a change order and extra expense. The City could get
"nickeled and dimed to death ".
In Rochester in the 1980's there were 88 sanitation workers on
44 trucks. Ergonomics experts were called in to measure the
amount of work and effort that workers were putting out. They
then tried out I - person mechanized trucks and did ergonomic
measurements on the amount of work done. It was
documented that one person would use less effort with the
mechanized truck than they would use as part of a two - person
team with the old trucks. On that basis they were able to get the
union to agree to go to 1 - person trucks. They now use 32 1
- person trucks, with each truck collecting from 462 houses a
day.
There have been several changes in practices that have been
negotiated with the union, often as a side agreement between
3 -year union contracts. They have an incentive program where
workers get to go home whenever the finish their routes. The
average route takes 6 to 6 and 72hours. If the average route
collection time is more than 6 and 72hours over a several
month period, the union can reopen the contract. The 4
supervisors are usually trying to slow the workers down so they
do their job thoroughly, though.
Syracuse, NY
Syracuse has not privatized their garbage collection service.
Anthony Ilaqua, the Syracuse PW Commissioner for the past
four years, said there has been "no studied approach" to
privatization. They collect the garbage with municipal
employees and don't have a user fee.
Phoenix, AR
Phoenix has developed a "managed competition" approach to
garbage collection. They've experienced a rate increase for the
past two years. The January 2000 increase was $1.20 /month,
raising their monthly rates from $16.60 to $17.70 (212.40 /year).
The January 2001 increase was an additional $1.50 /month,
raising their monthly rates to $19.20 (230.40 /year). In 1979,
with Phoenix suffering from severe economic conditions,
private firms looking to privatize City services approached the
City of Phoenix. Rather than completely privatize, the City
chose to adopt a process - "Managed Competition," where City
departments compete to provide selected services. In other
words, City departments compete with private contractors in a
public bid situation to provide services to residents.
Although many departments have utilized this process, Public
Works has participated since its inception in 1979. For the past
23 years, the City of Phoenix has been divided into six
refuse - collection bid areas, one is bid out every two years. The
City Council has instituted a policy that at any given time, no
more than 50% of the collection services will be performed by
the private sector. This rule protects against failure of a
contractor, assures competition, and has served to reduce
costs.
According to Michelle Lyons, from the Phoenix Solid Waste
Customer Service Office, managed competition in PW has
provided many benefits to the City of Phoenix. It has minimized
the cost of refuse service to the residents, created a
competitive environment within the workforce, and established
clear performance standards for both PW and private collection
companies. The department prepares bids by taking city wide
average costs for delivery and applying them to the mileage and
routing in the proposed bid area. This requires maximum
efficiency and minimum costs throughout the entire service
delivery system to be competitive.
Even when a private company wins a bid, PW continues to take
full responsibility for this service. Department staff handles all
customer calls and work with the contractors to resolve issues.
According to Ms. Lyons, Competitive bidding is generally well
received by City Council members and the community. The
50% rule, which retains a large element of city control over the
process, is, in her opinion, an important factor in the efficiency
and public acceptance of the program.
Monthly fee history in Phoenix is as follows:
$12.50 from 1992 to 1997
$15.00 from Jan to July 1998
$16.50 from July 1998 to December 1999
$17.70 from January 2000 to December 2000
$19.20 from January 2001 to present
Solid Waste Association of North America
Jeremy O'Brien, P. E., Director of Applied Research for the
Solid Waste Association of North America, for - warded an
article he wrote a few years ago while employed with HDR
Engineering. It is titled: "The Privatization Trend & Its Impact
on Solid Waste Management."
The following is an outline of the topics covered in that article:
The Privatization Wave
Types of Privatization
Privatization - Pros & Cons
Impact on Solid Waste Facilities
The Managed Competition Alternative
How Public Entities Can Compete
How To Prepare A Bid
The CMUD Success Story
Contracting for Services With a Private Finn
Conclusions
Please see the attached article for the full text of Mr. O'Brien's
treatise.
REFERRED TO THE COMMITTEE ON BUDGET
FROM THE COMMISSIONER OF ASSESSMENT AND
TAXATION
NO. 23
2002 COUNTY PROPERTY TAX
RATE FOR CITY OF BUFFALO
ITEM #37, C.C.P. 01/08/02
The above item was referred to this department for comment.
This office maintains exemption, real property and tax records
for the purpose of tax revenue production. Beyond providing
raw data on assessments we are not involved in determinations
of budgetary levies or allocations and therefore can not provide
any knowledge or explanation of how the County of Erie
computed a county tax rate for the City of Buffalo. The County
and City Budget offices would be the best sources for this
information with perhaps the Corporation Counsel's Office
advising on the provisions of law which govern this process.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF MANAGEMENT
INFORMATION SYSTEMS
NO. 24
CITY'S FLEET OF OWNED OR LEASED VEHICLES
#133 CCP DEC 26,2001
Attached is a listing, by department, of city owned vehicles.
The Purchasing Division, for purposes of Asset Management,
maintains the database. The listing contains all of the data
available. Any questions should be referred to the Purchasing
Division.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS
AND STREETS
NO. 25
BOND CANCELLATION,
1250 AMHERST STREET
It is hereby certified that the bond described below be
cancelled:
Principal: The Nichols School
Surety: The Aetna Casualty and Surety Company
Date: July 21, 1977
Amount: $5,000.00
Structure: Tennis Courts
Location: 1250 Amherst Street
This bond is no longer necessary due to the fact the
encroachment has been removed. The above captioned bond
should be deemed released and cancelled as to future liability
in accordance with the provisions of the City Ordinances.
That the above communication from the Commissioner of
Public Works dated January 15, 2002, be received and filed;
and
That the Commissioner of Public Works be, and he hereby is
authorized to cancel the above described bond with The
Nichols School in the amount of $5,000.00 for tennis courts at
1250 Amherst Street.
PASSED
AYES -13 NOES -0
NO. 26
FISHER -A. OSUORAH CONCERNS
TREATMENT AS EMPLOYEE
ITEM #41, C.C.P. 12/11 /01
The referenced item was sent to this department for
comment.
Mr. Arthur Osuorah was laid off from his provisional
appointment of Senior Engineer (Mechanical) in full
conformance with Civil Service Rules, and the Local 650 Union
Agreement.
I have reviewed Mr. Osuorah's personnel file and I have not
found any complaint that he filed indicating that he was being
treated unfairly. I have also checked with his immediate
supervisor and the City Engineer. Both have advised me that
Mr. Osuorah never filed any complaint with them regarding his
treatment. Mr. Osuorah never approached me with any such
complaints either.
Mr. Osuorah's comments are preposterous and totally without
merit, and needlessly smear the professional staff of the
Engineering Division.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 27
ATATUS OF ANIMAL SHELTER
CITY OF BUFFALO ANIMAL
SHELTER
Report to Council
Shelter Status
Kelly McCartney City of Buffalo Animal Shelter
Director of Animal Control 380 North Oak Street
January 17, 2002
REPORT AVAILABLE IN THE CITY CLERK'S OFFICE.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 28
DEDICATED PUBLIC STREETS
FREDERICK DOUGLAS
REDEVELOPMENT PROJECT
ITEM NO. 106; C.C.P. 12/26/00
1 have received an inquiry from the Department of
Assessment concerning the status of certain alleged dedicated
public streets" within the Frederick Douglas Towers - Phase 1
Redevelopment Project.
Your Honorable Body, under Item No. 106 of your proceedings
of December 26, 2000, adopted street names for the streets
within the project.
The procedure for the dedication of public streets is outlined in
the Charter of the City of Buffalo, under the section titled,
Streets Deemed Dedicated" or the section titled " Dedication of
New Streets" Preliminary Site Plans identified as SP1 and SP2
were submitted to the City for review and preliminary approval.
The final revised plan has not been submitted and approved;
the plan has not been filed in the Office of the Erie County
Clerk, as required and title to the proposed street rights -of -way
have not been conveyed to the City of Buffalo.
Until the above outlined conditions have been satisfied, those
streets cannot be considered to be dedicated and cannot be
recorded as dedicated public streets.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE BMHA
NO. 29
EMERGENCY RECONSTRUCTION
ASARES MATTERS CENTER
On Monday, January 7, 2002, snow from the recent storm
slid off the gym roof and severely damaged the brick and block
wall, opening the gym to the elements. The damage is severe
enough that the building has been closed to the public.
We have declared an emergency and have hired Morris
Masonry Restoration, LLC, 40 Appenheimer Ave., Buffalo, NY
14214, to remove the damaged masonry and reconstruct the
wall and roof at a cost of $61,990.00.
Funds for this work are available in the Division of Buildings
Capital Account. FEMA will be notified of these costs as they
are a direct result of the December storm.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works, Parks and Streets dated January 9, 2002, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets,
be, and he hereby is authorized to award a contract for
emergency repair to Asares Center, to Morris Masonry
Restoration, LLC, in the amount of $61,990.00. Funds for the
project are available in the Division of Buildings.
PASSED
AYES -13 NOES -0
NO. 30
EMERGENCY RECONSTRUCTION
TOSH COLLINS COMMUNITY CENTER
HOT WATER TANK
The hot water tank at the Tosh Collins Community Center
was damaged during the December storm. Snow piled up
along the building high enough to block the exhaust vent,
causing the tank to burn out.
The water tank is a necessary component of the facility's
operation. Because of this, we have declared an emergency
and have hired R P Mechanical to replace the tank at a cost of
$1,785.00.
Funds for this work are available in the Division of Buildings
Capital Account. Because the damage is directly related to the
December storm, we will be notifying FEMA and requesting
reimbursement.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works, Parks and Streets dated January 9, 2002, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets,
be, and he hereby is authorized to award a contract to RP
Mechanical for emergency repair to the hot water tank at the
Tosh Collins Community Center, in the amount of $1,785.00.
Funds for the project are available in the Division of Buildings
Capital Account.
PASSED
AYES -13 NOES -0
NO. 31
INCREASE IN CONTRACT
BUFFALO PARK SIGNAGE SYSTEM
(CONTRACT 91996000)
We are requesting permission of Your Honorable Body to
increase the above Contract (No. 91996000) in the amount of
$10,515.00 for a total contract amount of $160,117.50 with ASI
Signage.
We authorized the fabrication and installation of additional
signs that were requested by Councilmembers; and also
authorized the reconstruction of several signs that were
vandalized.
The price for the work has been found fair and reasonable by
our consultant, Synegraphics.
Funds for this work are available in Bond Account 36400706.
Summary
Contract Amount - $149,602.50
Change Order 1 - 10,515.00
Total $160,117.50
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works, Parks and Streets dated January 11, 2002, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be,
and he hereby is authorized to issue change order No. 1, to
ASI Signage, an increase in the amount of $10,515 -00, as
more fully described in the above communication, for work
relating to Buffalo Park Signage System, Contract, C
#91996000. Funds for this project are available in Bond
Account 36400706.
PASSED
AYES -13 NOES -0
NO. 32
INV. ENV. HAZARDS
735 HUMBOLDT PKWY.
ITEM NO. 212, CCP 02/06/01
The cost estimate for remediation at 735 Humboldt Pkwy. is
$300,000.00.
In regards to Your Honorable's Body request for information,
the Department of Public Works, Parks & Streets does not
have lead remediation funds.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 33
ORD. AMENDMENT
CHAPTER 175 FEES
(GOLF COURSES, ETC.)
ITEM #88, C.C.P. 1/8/01
The referenced item was sent to this office for comments.
We are in agreement with the proposed fee changes with two
exceptions. The hourly rate for non - resident usage for indoor
ice rinks should be $200.00 for all users including
developemental leagues.
Also, we understand the Council's sentiment is wishing to
charge the actual cost of clean up along with a $200.00 fee for
special events; but this fee may become exorbitant. The
clean -up cost of a major event such as Warp Tour could easily
exceed $5,000. We feel that it would be more appropriate to
add a $0.25 ticket surcharge to any event where tickets would
be sold.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 34
PAYPHONE APPLICATIONS
(2) PAY -TEL CORPORATION
Mr. Jay Alberti of Pay -Tel Corporation, 45 West Tupper
Street, has requested permission to install two (2) public
payphones within City right of way as described in Chapter 441
(Telephone Facilities) of the City Ordinances. The proposed
payphone locations are as follows:
1069 Broadway- southeast comer Sears Street, adjacent to
north side of building.
896 Niagara Street - northwest comer Massachusetts Avenue,
adjacent to east side of building.
The Department of Public Works, Parks and Streets has
reviewed these applications and has no objection to the
installation of said payphones. However, before a license may
be issued, each individual proposed location must be approved
by Your Honorable Body in accordance with Chapter 441 -4 of
the City Ordinances as revised (C.C.P. #136 of December 26,
1995).
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 35
PAYPHONE APPLICATION (1)
WESTERN NEW YORK COMMUNICATIONS
Mr. Al Wieler of Western New York Communications, 1609
Kenmore Avenue, has requested permission to install one (1)
public payphone within City right of way as described in
Chapter 441 (Telephone Facilities) of the City Ordinances. The
proposed payphone location is as follows:
I . 1064 Sycamore Avenue - northwest corner Sobieski Street,
adjacent to south side of building.
The Department of Public Works, Parks and Streets has
reviewed this application and has no objection to the installation
of said payphone. However, before a license may be issued,
each individual proposed location must be approved by Your
Honorable Body in accordance with Chapter 441 -4 of the City
Ordinances as revised (C.C.P. #136 of December 26, 1995).
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 36
PERMISSION TO HIRE
CONSULTANT - FUHRMANN
BLVD. - 2 -WAY CONVERSION
GROUP NO. #582
1 hereby request permission from Your Honorable Body to
hire an Engineering Consultant for design, bidding,
construction administration and inspection of converting
Fuhrmann Blvd., west service road, to a two -way operation.
At this time construction is estimated at one million dollars with
funding provided by NYSDOT, Erie County, NFTA and the City
of Buffalo. Design and inspection should not exceed 15% of
construction costs or $150,000.
Mrs. LoTempio moved
That the above communication from the Commissioner of
Public Works, Parks and Streets dated January 8, 2001 be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be,
and he hereby is authorized to hire an Engineering Consultant
for design, bidding, construction administration and inspection
of converting Fuhrmann Boulevard west service road, to a
two -way operation, Group #582. Funding is not to exceed 15%
of construction costs or $150,000.
PASSED
AYES -13 NOES -0
NO. 37
PERMISSION TO DESIGN, BID, ACCEPT FUNDS
N.Y. STATE MULTI MODAL 2000 PROGRAM
As per the attached correspondence dated 12/12/01 our
department was notified of three (3) N.Y. State Multi Modal
projects as part of the 2000 program. Projects are as follows:
P. I. N. PROJECT DESCRIPTION
MA2094.3OA Street Construction: Dignity Village at
East Delavan Ave. and Mohican St.
$320,000
MA2097.30A Highway Repaving of Winspear Ave, -
University District $100,000
MA2098.30A Highway Curbing on Cornwall Ave.
$250,000
In order to advance these projects we are requesting
permission from Your Honor -able rr -30dy to design, bid, and
construct these projects for the 2002 construction season.
Permission is also requested for our department to enter in all
necessary agreements to facilitate these projects, and provide
first instance funding and accept reimbursements into our
existing Multi Modal Capital Project Account #30007806.
These projects are 100% reimbursable from N.Y. State.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 38
PERMISSION TO PAY FOR MATERIALS
TIMOTHY J. BURVID ICE RINK
Permission is hereby requested to pay the Cazenovia Park
Hockey Association $800.00 for materials used to build a
handicapped viewing platform in the Burvid Rink. The
Association is not requesting compensation for the labor
involved in the project.
The Americans With Disabilities Act requires that such
facilities be available at the Ice Rink and the estimated cost if
the City had bid the work would have been $3,000.00. Since
the Association did the work, the City has saved approximately
$2,200.00.
Funds are available in the Division of Buildings Capital
Account.
Mrs. LoTempio:
That the above communication from the Commissioner of
Public Works, Parks and Streets dated January 9, 2002, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be,
and he hereby is authorized to pay the Cazenovia Park Hockey
Association $800.00 for materials used to build a handicapped
viewing platform in the Burvid Rink. Funds for this project are
available in the Division of Buildings Capital Account.
PASSED
AYES -13 NOES -0
NO. 39
RENAMING OF JOHNSON PLAYGROUND TO REV JAMES
ECKRIDGE PARK
I am writing to you regarding the renaming of Johnson
Playground to Rev. James Eckridge Park (Hrg.) ( #143 C.C.P.
3 Dec. 26. 2001).
My concern is that from past experience, anytime a park,
playground, or building is renamed, consideration should be
given to the person who the venue was named after initially. In
some instances, namings or renamings have caused problems
in the past.
Please call me if you have any questions concerning this
matter.
Yours truly,
James Nowicki
RECEIVED AND FILED
NO. 40
CERTIFICATE OF APPOINTMENT
Appointment Effective: 1/11/02 in the Department of Public
Works, Parks & Streets Division of Telecommunications to the
Position of Deputy Director of Telecommunications, Provisional
Appointment
at the Flat Starting Salary of $ 36,100
Christopher Bishop, 18 Lexington Ave. Apt. 3, Buffalo, NY
14222
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF POLICE
NO. 41
DRUG ASSET FORFEITURE CHECKS RECEIVED
ITEM NO. 104, C.C.P. 2/2/88
8155 - 00115243 C2 -00 -0024 $1,032.66
8155- 00115128 C2 -01 -0127 8,175.65
8155 - 00115128 C2 -01 -0086 765.78
8155 - 00115128 C2 -01 -0086 1,020.78
8155- 00115128 C2 -01 -0126 941.35
TOTAL DEPOSIT $ 11,936.22
The above referenced property has been administratively
forfeited by the Drug Enforcement Administration.
(DEA). The checks were received by this Department and duly
deposited in the Trust & Agency Account, #20010000 - 389001.
These funds will be placed into one or more of the following
accounts as deemed by the Commissioner of Police:
Educational Training /Semiinar
Confidential Funds
Materials and Supplies
Firearms and Weapons
Communications and Computers
Electrical Surveillance
Purchase of Services
Improvements
Vehicles
Operating Equipment
If you have any questions regarding the above mentioned,
please contact Chief Edward Hempling at 851 -5181.
RECEIVED AND FILED
FROM THE COMMISSIONER OF FIRE
NO. 42
FIRE COMPANY ROTATION
Per your request, attached are the response times survey's
which show the effects of the temporary closings and
manpower reports for December 7 - January 3, 2002. Please
be aware that fire companies were not closed the week of
December 28, 2001 through January 3, 2001.
Respectfully submitted,
REFERRED TO THE COMMITTEE ON BUDGET
NO. 43
Fire Company Rotation
Per your request, attached are the response times survey's -
fire companies were not closed the week of January 4 -
January 10, 2002. Also attached is an updated list of fire house
rotations and fire house closings.
Respectfully submitted,
REFERRED TO THE COMMITTEE ON BUDGET
NO. 44
RETURN FROM MILITARY LEAVE OF ABSENCE
Be advised that Firefighter James Otwell has returned from
his unpaid military leave of absence as of December 24, 2001.
Respectfully submitted,
RECEIVED AND FILED
NO. 46
RETURN FROM MILITARY LEAVE OF ABSENCE
Be advised that Firefighter David Schieber has returned from
his unpaid military leave of absence as of January 1, 2002.
Respectfully submitted,
RECEIVED AND FILED
FROM THE CORPORATION COUNSEL
NO. 46
REVIEW OF NOMINEE(S) FOR APPOINTMENT - CALVIN G.
WORTHY
COMMISSIONER OF FIRE
C.C.P., 1/8/02, NO.
The Corporation Counsel conferred with the Division of
Collections and reports (as verified by that Division as of
January 15, 2002) that Calvin G. Worthy, nominee as
Commissioner of Fire, has no outstanding debts to the City:
RECEIVED AND FILED
NO. 47
REVIEW OF NORNINEE(S) FOR RE
APPOINTMENT - COMMISSIONER OF
ADMINISTRATION AND FINANCE
C.C.P., 1/8/02, NO. 2
The Corporation Counsel conferred with the Division of
Collections and reports (as verified by that Division as of
January 15, 2002) that Eva M. Hassett, nominee as
Commissioner of Administration and Finance, has no
outstanding debts to the City:
RECEIVED AND FILED
NO. 48
REVIEW OF NOMINEE(S) FOR RE
APPOINTMENT - COMMISSIONER OF
COMMUNITY SERVICES
C.C,P., 1/8/02, NO. 3
The Corporation Counsel conferred with the Division of
Collections and reports (as verified by that Division as of
January 15, 2002) that Donald 0. Allen, nominee as
Commissioner of Community Services, has no outstanding
debts to the City:
RECEIVED AND FILED
NO. 49
REVIEW OF NOMINEE(S) FOR RE
APPOINTMENT - COMMISSIONER OF
PERMIT & INSPECTION SERVICES
C.C.P., 1/8/02, NO.4
'The Corporation Counsel conferred with the Division of
Collections and reports (as verified by that Division as of
January 15, 2002) that Ray McGurn, nominee as
Commissioner of Permit & Inspection Services, has no
outstanding debts to the City:
RECEIVED AND FILED
NO. 50
REVIEW OF NOMINEE(S) FOR RE
APPOINTMENT - COMMISSIONER OF
POLICE
C.C.P., 1/8/02, NO. 5
The Corporation Counsel conferred with the Division of
Collections and reports (as verified by that Division as of
January 15, 2002) that Rocco J. Diina, nominee as
Commissioner of Police, has no outstanding debts to the City
1:7x61:11KJAIN 10111191NOI
NO. 51
REVIEW OF NOMINEE(S) FOR RE
APPOINTMENT - COMMISSIONER OF
PUBLIC WORKS, PARKS & STREETS
C.C.P. 1/8/02, NO. 6
The Corporation Counsel conferred with the Division of
Collections and reports (as verified by that Division as of
January 15, 2002) that Joseph N. Giambra, nominee as
Commissioner of Public Works, Parks & Streets, has no
outstanding debts to the City:
RECEIVED AND FILED
NO. 52
REVIEW OF NOMINEE(S) FOR RE
APPOINTMENT - CORPORATION COUNSEL
C.C.P., 1/8/02, NO. 7
The Corporation Counsel conferred with the Division of
Collections and reports (as verified by that Division as of
January 15, 2002) that Michael Risman, nominee as
Corporation Counsel, has no outstanding debts to the City:
RECEIVED AND FILED
FROM THE COMMISSIONER OF PERMIT & INSPECTION
SERVICES
NO. 53
PAWNBROKER
1598 ELMWOOD
Pursuant to Chapter 254 of the City of Buffalo Ordinances,
please be advised that I have examined the attached
application for a Pawnbroker's License located at 1598
Elmwood and find that as to form it is correct. I have caused an
investigation into the premises for which said application for a
pawnbroker license is being sought and according to the
attached reports from the Zoning Office, Fire Department and
Building Inspector, 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 Peter Gatti. The
attached hereto for Peter Gatti d /b /a Gatti Jewelers. This
request is submitted for your approval or whatever action you
deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 54
SCHED, DEMO - PROPERTY LOCATED AT 1313 MAIN
STREET
ITEM NO. 84, C.C.P. 1/8/2002:
1 am in receipt of the above stated Common Council
Communication and wish to supply your Honorable Body with
the following information. The Department of Permit and
Inspection Services initial arraignment in Housing Court in
reference to this matter was held on April 23, 2001. Presiding
Housing Court Judge Diane Devlin requested that picture be
submitted by the Building Inspector to verify the deteriorated
condition of this property. On September 26, 2001
trial was scheduled for October 24, 2001 to have the Building
Inspector appear to give testimony. The next schedule
proceeding was scheduled for December 11, 2001. As no
work was performed, the Honorable Judge Devlin ordered this
building demolished under emergency conditions. Section
337 -28 of the Charter and Ordinances of the City of Buffalo
states where an official order is given by a governmental
enforcement agency directing the emergency demolition of
property under the jurisdiction of the Preservation Coalition,
"Where feasible notice shall be given to the Preservation
Board ". Upon issuance of the demolition order by the Housing
Court Judge Devlin, Notice was given to the Secretary o the
Preservation Board along with pictorial evidence to support the
demolition action. Permits were issued by the Department of
Permit and Inspection Services for the pre - demolition
asbestos removal. This work was completed an inspected. As
of this writing there has been no demolition permit issued for
this project. On January 14, 2002, the Honorable Diane Devlin
Judge of the City Housing Court fined Dr, Kenneth Gayles,
owner of record of 1313 Main Street thirteen thousand dollars
($ 13,000.00) for not complying with the City of Buffalo
Housing and Property Code. As there are private pending
court proceedings concerning this matter, we will not issue a
demolition permit, as it would put the City of Buffalo in
contempt of court, thus placing the City of Buffalo in a position
of liability. We are awaiting a final court disposition in
reference to this matter. Once this final disposition is reached,
we will abide by the higher court decision. If the higher court
decides to lift the "stay "on the lower courts demolition order
we will proceed with the issuance of the demolition pen -nit. If
the higher court decides to retain and reaffirm the stay on a
permanent condition,
will again abide by their decision. Your Honorable Body is
requesting that the Department of Pen -nit and Inspection
Services suspend this demolition until your Honorable Body
can examine the specific details that led to an emergency
demolition order. As this demolition is a private not public
matter, the Office of the Corporation Counsel as to the City 0
Buffalo's obligations, is in the best position to answer this
legal question thus meeting our legal obligation to both the
owner of this property and the Preservation Board. It is my
sincere hope that this response satisfies your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 55
USED CAR DEALER
2832 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 2832 Bailey
and rind 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 find it complies with all regulations and
other applicable laws. I have caused and investigation by the
Police Department into the moral character of Elizabeth Maymi.
The attached thereto for Elizabeth Maymi d /b /a La Familia Auto
Sales. This request is submitted for your approval or whatever
action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 56
USED CAR DEALER
360 DINGENS
Pursuant to Chapter 254 of the City of Buffalo Ordinances,
please be advised that I have examined the attach application
for a Used Car Dealer License located 360 Dingens and rind
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 are according to the attached reports
from the Zoning Office, Fire Department and Building
Inspections, I rind complies with all regulations and other
applicable laws. I have caused and investigation by the Police
Department into the moral character of John Ward. The
attached thereto for John Ward d /b /a Novacor Ltd. This
request submitted for your approval or whatever action you
deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 57
CERTIFICATE OF APPOINTMENT
Appointment Effective January 8, 2002 in the Department of
Permit and Inspection Services, Division of Inspections to the
Position of Building Inspector, Temporary Appointment at the
Intermediate (step 4)
Starting Salary of $42,319,\
Terence Prendergast, 330 McKinley Pkwy, Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF ADMINISTRATION AND
FINANCE
NO. 58
CITY'S FLEET OF OWNED OR LEASED VEHICLES
CCP #133 DECEMBER 26,2001
1 have attached a listing of those vehicles that are city owned
or leased and are taken home or used on a 24 hour basis. The
list does not include unmarked vehicles, as information
pertaining to many of those is not public.
With respect to gasoline costs by individual vehicles, we are
assembling the information and will report back to your
Honorable Body once it is complete.
I trust this answers your question.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 59
CERTIFICATE OF APPOINTMENT
Appointment Effective: January 21, 2002 in the Department
of Administration and Finance, Division of Parking
Enforcement, to the Position of Clerk, Provisional Appointment
at the Intermediate Starting Salary of $24,585
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF COMMUNITY SERVICES
NO. 60
CONCERNS -BMHA- PUBLIC HOUSING
DRUG ELIMINATION PROGRAM
ITEM NO, 25 CCP 12/26/01
1 am responding to the letter which Sharon West, Executive
Director of the Buffalo Municipal Housing Authority wrote to the
Mayor regarding the Public Housing Drug Elimination Program
contract with the City of Buffalo Division of Substance Abuse
Services
Please be advised that I have written a letter to Mr. Sherrill
Colston, Chairman of the Board of Directors of the Buffalo
Municipal Housing Authority to be put on their board meeting
agenda so I can address this situation in order to gain further
insight on this matter.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY
NO. 61
REQUEST FOR INFORMATION MARINE DRIVE
I write in response to the above - referenced Request for
Information submitted at the Council's Community
Development Committee meeting held on January 3, 2002.
Marine Drive Apartments, Inc., occupies the site known as
Marine Drive (formerly Dante Place) under a long term lease
which expires in 2004. The development is owned by the
Buffalo Municipal Housing Authority. Many different options are
being explored as regards the future of the development, I can
confirm that one of the many options is partial and /or complete
privatization of the development, However, no commitments
have been made concerning the post -lease future of the site,
nor have any final decisions been made of any kind.
I hope this satisfies your request. If you require further
information, please advise.
I remain,
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
FROM THE CITY CLERK
NO. 62
MINUTES OF THE BOARD OF ETHICS
Attached please find the minutes of the December 18, 2001
Board of Ethics Meeting.
RECEIVED AND FILED
NO. 63
DISPOSITION OF RECORDS
Attached please find the following disposition of records
from the following departments:
Sewer Authority
Audit & Control
Public Works, Parks & Streets
RECEIVED AND FILED.
NO. 64
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
1459 Hertel Ave 1459 Hertel Ave Thomas Ducato
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 65
LEAVES OF ABSENCE WITHOUT PAY
I transmit herewith notifications received by me, reporting the
granting of the leaves of absence without pay, in the various
departments as listed:
x Comptroller- Nataliya Zingorenko
x Public Works, Streets & Parks- Deborah Kader
x Police- Joseph Fedyna , Suzanne Cairns, Jeffrey Tucker
X Corporation Counsel- Beatrice McAdams -Gray
x Permit and Inspection Services- Frank Sandarelli
RECEIVED AND FILED.
NO. 66
REPORTS OF ATTENDANCE
I transmit herewith communications received by me, from the
various boards, commissions, agencies and authorities
reporting the membership attendance at their respective
meetings:
X Buffalo Sewer Authority
X City Planning Board
RECEIVED AND FILED.
NO. 67
NOTICES OF APPOINTMENTS - SEASONAL /FLAT
I transmit herewith certificates received by me, reporting
seasonal and flat salary appointments made in various
departments.
RECEIVED AND FILED
Appointment Effective January 16, 2002 in the Department of
Assessment and Taxation to the Position of Clerk — Seasonal
at the
Seasonal Appointment at the Flat Starting Salary of $8.00 /hour
Christopher E. LaSalle, 53 West Avenue, Buffalo, NY 14201
Appointment Effective January 16, 2002 in the Department of
Community Services, Senior Services to the Position of
Senior Citizen Aide, Seasonal at the Flat Starting Salary of
$8.15 /hour
Sandra Szczepankiewicz, 31 Hayden St., Buffalo, New York
14210
Robert Williams, 9 Jaktram Court, Buffalo, New York 14209
Appointment Effective: January 10, 2002 in the Department
of Public Works, Parks and Streets, Division of Streets to the
Position of Seasonal Laborer Non - Competitive at the: Flat
Starting Salary of: $8.15
Abraham McKinney, 404 Koons Avenue, Buffalo, NY 14211
NO. 68
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 January 14, 2002 in the Department of
Police
to the Position of Crossing Guard, Temporary Non - Competitive
at the Minimum Starting Salary of: $ 7.09 /hr
Sharon Piotrowski, 69 Naragansett Rd. Buffalo, NY 14220
Appointment Effective: January 14, 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/hr
Charles E. Buchanan, 128 A Altruria Street, Buffalo 14220
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
NO. 69
GAR ASSOCIATES INC.
CITY OF BUFFALO COUNTY PROPERTY TAX
Response to Common Couneil Letter
1/8/01 - Item 37
City of Buffalo County Property Tax
We have the above communication along with backup
information which was forwarded to our office within the last 48
hours. We have made an initial review and can give the
Common Council a limited response.
The matter at hand identifies the City's Real Property Tax
obligation to Erie County. It appears that there is a comparison
of the City's proportionate share of taxes for 2002 compared to
last year.
GAR Associates' responsibility and obligation to the City deals
with property valuation and assessment and not the distribution
of tax levies. While taxes are important to all of us, we suggest
that there be further Investigation by the C!Ws Budget
Department, and also an equivalent department at Erie County,
More details are warranted so that there can be a clear
understanding of impacts.
GAP, will be happy to discuss property valuation issues at the
convenience of the Common Council.
Respectfully,
GAR ASSOCIATES, INC.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 70
B. BIMONTE- ESTIMATED SPEED ZONES AROUND
SCHOOLS
Thank you for your letter of January 3, 2002, regarding the
establishment of speed zones around schools located in the
city of Buffalo.
The safety of all children must be our highest priority, and I
would support any efforts to ensure the safety of students
walking to and from our schools.
I would fully expect that any initiatives in this regard would apply
equally to public and non - public schools and would be provided
at no cost.
Thank you for your efforts on behalf of our young people.
Sincerely,
REFERRED TO THE COMMITTEE ON BUDGET
NO. 71
E. CROTTY NYS INACTIVE HAZ WASTE DISPOSAL SITE
REMEDIAL PLAN
I am pleased to provide you with a copy of the New York
State Inactive Hazardous Waste Disposal Site Remedial Plan
for State Fiscal Year 2000/2001.
The Remedial Plan shows that the State, responsible parties
and municipalities continued to make excellent progress in
cleaning up inactive hazardous waste disposal sites in New
York during the past year. Approximately 800 sites have either
been cleaned up or have remedial activities fully funded. The
New York State Department of Environmental Conservation
has also identified about 800 other sites which are not fully
funded that require or may require remediation.
In addition, the Remedial Plan provides a brief summary of
recent State Environmental Restoration Program (Brownfields
Program) activities initiated under the 1996 Clean Water/ Clean
Air Bond Act and a summary of progress with New York's
Voluntary Cleanup Program. These two innovative programs, in
conjunction with the Inactive Hazardous Waste Disposal Site
Remediation Program, are cleaning up contaminated properties
across the State, protecting public health and the environment
and returning many of these sites to productive economic and
recreational uses.
As the Remedial Plan points out, funds from the 1986
Environmental Quality Bond Act have been fully committed,
jeopardizing investigations or cleanups at nearly 800
contaminated sites. At present, reliable, ongoing funding has
not been secured for the State Superfund Program. Governor
Pataki has submitted a comprehensive legislative proposal to
finance and reform New York's State Superfund Program and
other programs that address hazardous waste and petroleum
contamination. I urge the Legislature to act this year to adopt
Governor Pataki's legislative proposal to ensure that New
York's remedial programs can continue without delays. In
addition to providing long -term, stable financing for New York's
remedial programs, Governor Pataki's proposal maintains the
highest cleanup standards in the nation and retains the polluter
pays" philosophy, which requires individuals and corporations
responsible for contaminating the environment to pay the costs
for its cleanup. The proposal expands the types of sites eligible
for cleanup. It also provides liability relief and financial
incentives to parties who remediate sites they did not
contaminate, leading to faster cleanups at more sites.
Thank you for your continued interest in New York's programs
to remediate contaminated sites. Within New York, please call
us at the Division of Environmental Remediation's toll -free
information number, 1- 800 - 342 -9296, if you have questions or
need additional information.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 72
INTRO TO SEQR ZONING WORKSHOPS
COPY AVAILABLE IN CITY CLERKS OFFICE
RECEIVED AND FILED
NO. 73
J. BEAR- CONCERNS -SNOW REMOVAL PROBLEM
Dear Mr. Michaux:
I hereby submit for filing, a copy of a letter from Joyce Bear.
Mrs. Bear is asking what is the most efficient way of reporting a
snow removal problem.
My son and I reported a minor pedestrian accident to the
Mayor's Complaint Line, yesterday, January 2, 2002. Since it
was after business hours, we could only leave recorded
messages. Early this afternoon I completed an Email Complaint
Form, and given a confirmation number, 315:
District: Delaware Complaint Location: 4 corners at Wellington
and Hertel Avenues /Pedestrian accident at approx. 1520 Hertel
Description / Compaint
Snow from the City Street plows has accumulated at the curb
cuts and onto the nearby sidewalks, causing hazardous
conditions for pedestrians. A gentleman lost his footing and
could not return to an upright condition without assistance from
several passersby. Emergency services were requested, and
arrived shortly after he returned to his feet. The gentleman
declined to be examined by a medic, and was able to walk
home, although he been lying with his face in the snow for
10 -15 minutes.
The gentleman apparently suffered only indignities and
inconvenience, but a potential hazardous condition exists and
should be addressed promptly. Is the action I took the quickest
way to bring a potential hazardous condition to your attention so
that your workers can take care of the problem expeditiously?
Sincerely,
Joyce Baer
838 -3942
REFERRED TO THE COMMITTEE ON STREETS
SERVICES AND THE COMMISSIONER OF PUBLIC
WORKS
NO. 74
D. BURDEN - WALKABLE COMMUNITIES
I hereby submit for filing copies of a press release. This
press release is announcing a public presentation on
"Walkable Communities" given by Dan Burden of Walkable
Communities, Inc.
PRESS RELEASE
December 31, 2001
Contact: Jan Van Huizen
FOR IMMEDIATE RELEASE
The Village of Hamburg is announcing a public presentation on
"Walkable Communities" being given by Dan Burden of
Walkable Communities, Inc. on Thursday, January 10 th , 2002
at the Union Pleasant Elementary School Auditorium.
Walkable Communities, Inc. is a non - profit corporation,
established in the state of Florida in 1996. It was organized for
the express purposes of helping whole communities, whether
they are large cities or small towns, or parts of communities,
i.e. neighborhoods, business districts, parks, school districts,
subdivisions, specific roadway corridors, etc., become more
walkable and pedestrian friendly. It is the organization's
premise that:
Walkability is the cornerstone and key to an urban area's
efficient ground transportation. Every trip begins and ends with
walking. Walking remains the cheapest form of transport for all
people, and the construction of a walkable community provides
the most affordable transportation system any community can
plan, design, construct and maintain. Walkable communities
put urban environments back on a scale for sustainability of
resources (both natural and economic) and lead to more social
interaction, physical fitness and diminished crime and other
social problems. Walkable communities are more liveable
communities and lead to whole, happy, healthy lives for the
people who live in them. (Taken from their website,
Walkablecommunities.com)
The Village has hired Mr. Burden to present his philosophy on
maintaining and improving the walkability of village streets. This
is especially important as the NYS Department of
Transportation plans a complete reconstruction of Rts 62 and
391 in the Village of Hamburg in 2004. Mr. Burden will also be
meeting with the business community and government leaders
over a 2 -day period to discuss the project in detail. All are
welcome to attend the public presentation. Those interested in
working on the design committee should contact Village Hall at
649 -0200.
All are welcome to attend the public presentation. Those
interested in working on the design committee should contact
Village Hall at 649 -0200.
REFERRED TO THE SPECIAL COMMITTEE ON STREETS
SERVICES
NO. 75
P HARRIS - PROBLEMS - WAKEFIELD & HOLDEN STS
I hereby submit for filing, a copy of a letter from Phyllis
Harris. Ms. Harris is a concerned citizen and is addressing
some issues regarding the problems on Wakefield and Holden
Streets.
Sincerely,
Dear Councilman -at- Large:
I was not able to contact the officers of the Wakefield Block
Club to attend the meeting this morning. I hope you receive this
in time for the meeting. I tried to contact the Block Club
Secretary to submit the information I gave them for record
keeping of all the letters which I addressed to assist the Block
Club.
Some of the issues of the Deli store located at Wakefield &
Holden Ave that has been reported at the Wakefield Block Club
meeting Monitoring of the the Deli corner store of personnel
employment and the time of the individuals who are operating
these stores 6 -8 months before their visa expires, but you will
find them relocating to another area of the city. Its hard to track
who is responsible for the crime activities that are being
conducted in these stores: Health hazard conditions of grocery
items & upkeep of the property - outdated products Garage that
is flowing outside of the city containers which causes rodent,
birds, skulls, etc. Order waste that is coming from the
basement of a opening next to the resident who lives next door
who has complained of the breathing conditions Alcoholic
beverages being sold on Sundays before noon Drugs being
sold out of the store and being paid off by the drug dealers to
the store operators Reporting of gun sales Sexual favors by the
operators of the Deli corner stores for items sold in the store
Children being cheated when making purchases Fire hazard
incidents of items being keep in the store of being overcrowd of
being able to walk through the aisles
This store is not an essential need for our street, looking at the
surrounding perimeter of Wakefield & Holden, there are too
many corner stores which are not being monitor for health &
safety and high risk for crime activity. The initial owners of
these stores should be held responsible for the death loss &
endangerment of welfare of the neighborhood community.
We have been asking for a camera to be installed at this corner
to help assist the City Police department in monitoring the drug
activity of this store. The latest incident a mother & child has
just escaped from the
shooting of a black male and they still continue to date to use
this store as a drug haven. You do not know if they are selling
household or grocery items, when they sell the drug in the
doorway and inside the store. Wakefield Block Club submitted
a petition from the Wakefield resident of securing a
surveillance camera.
Please would like for you to address the immediate concern of
the safety & welfare of these deli stores and the desperate
need to make sure they are being operated to secure the
welfare of the neighborhood communities. This is a long over
due issues that has been address by so many residents of the
city who live in this type of environment.
Wakefield Block Club
REFERRED TO THE SPECIAL COMMITTEE ON POLICE
REORGANIZATION, THE DIRECTOR OF PERMITS AND
INSPECTIONS, THE CORPORATION COUNSEL AND THE
COMMISSIONER OF POLICE
EDUCATION
MINORITY BUSINESS ENTERPRISE
61►160TAVA v 16IT&aarGW :A7.1 :ZNq
NO. 76
KENNEL CLUB GROOMING -REQ ADDL EMPLOYEES,
ETC AT ANIMAL SHELTER
Dear Mr. Michaux:
I hereby submit for filing copies of a letter from Kennel Club
Grooming. Kennel Club Grooming feels that it is extremely
crucial that there are additional employees, training and space
at The Buffalo Animal Shelter.
Concerned members ,
For many years the Buffalo Animal Shelter has been portrayed
in a less
than - ,savory light and there are many serious problems with
the layout and construction of the facility that have contributed
to this view.
While it has to be understood that not all strays and surrenders
can be reintroduced Into loving homes, it is vitaly Important to
make an attempt to
help as many as possible. At this time with our Cities
funds at an all time low other avenues have to be
explored, or the beurocracy that would impede their
progress dissolved; namely the shelter under the
control of the Streets and Sanitation Dept
respectively Chances however have been made over
the past few years and it seems that those deputy
involved with the day to day responsibility for the
animals are for the most part in place. More is still
needed, that is to say more people, training,
authority and most of all, space in the form of added
indoor /outdoor kennel runs. As anyone concerned
would be able to see simply by comparing functional
facilities like the Erie County SPCA and the more
recently constructed Amherst Boarding Kennels
located on Millersport Hwy, that practical and
functional design were forsaken for one reason or
another at the Buffalo Shelter. The fact is that the
current staff at the shelter is that the current staff at
the shelter do not have the appropriate tools
available to adequately care for the volume of
animals there are in Buffalo.
A change toward a larger more pet and public friendly shlelter
has to be "Implimented. This would have to include the
abandonment of the long held and antiquated role of the shelter
as merely a forgotten quiet trash bin for the communities
unwanted. The City leaders have to make this a priority and
help in any way necessary to right a wrong that has not only
been done to the pet loving public, but the animals in general.
There are a lot of pet owners in the City who this time may not
be fully aware of the dire need to make a changer it would only
make sense for those responsible to initiate a change rather
than have a wave of negative press attract more radical groups
who don't offer the luxury or' patience and understanding for
unrelated city problems.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE COMISSIONER OF PUBLIC WORKS
NO. 77
F MCCOY - ACTIVIATE BUSINESS SURVIVAL SKILLS TO
ASSIST FIRMS ON TIGHT BUDGET IN A RECESSION
I hereby submit for filing, a copy of an article from Frank
McCoy, a business writer based in Maryland. Mr. McCoy is
explaining everyday survival skills prepare firms on tight
budgets to endure a slow economy.
REFERRED TO THE SPECIAL COMMITTEE ON MINORITY
BUSINESS ENTERPRISE COMMITTEE
No. 78
F. Morrow Request No dumping signs Welker/Woodlawn
Please be advised for several months I Faustenia Morrow,
residing at 87 Welker Street, have been actively cleaning the
comer of Woodlawn and Welker of all the community's garbage
that has been placed on top of the fire hydrant.
I am requesting that NO DUMPING SIGNS be placed
appropriately around the area mentioned above. A copy of this
letter is being forwarded to those listed below, I am expecting a
response with action taken in this regard.
RECEIVED AND FILED
NO. 79
G.ROSS — CONCERNS LACK OF PLOWING MICHIGAN
AVE BETWEEN HIGH /CARL
I am writing to complain about the lack of snow plowing of
the sidewalk in the block of Michigan Avenue between High
and Carlton Streets. It is my belief that Allscript Pharmacy
which is located at 173 High St. at the corner of Michigan
Avenue, own the vacant lots between my house which is 993
Michigan Avenue and the next house in the direction of Carlton
Street which is 967 Michigan Avenue. It is also my belief that
Dr. Bidappa Maneyapanda, Dr. Mahabo Phatan, and /or
Allscript Pharmacy own the lot between 995 Michigan Avenue
and Allscript Pharmacy.
Last winter, I waited two months to speak up after I had walked
in the streets to travel because the sidewalks were not plowed.
This winter, I am speaking up right at the beginning.
This block is a very busy area for traffic. It is located between
Buffalo General Hospital and Roswell Park Cancer Institute
where they employ many people who drive to work and there
are many visitors to see the patients. It is also a bus route for
the No. 8 bus.
I am a senior citizen and I am very frightful to continually walk
in the streets to travel because the sidewalks are not plowed. I
am also more frightened than ever because of the loss of lives
last winter of people who were in this same predicament.
REFERRED TO THE SPECIAL COMMITTEEE ON
STREETS SERVICE AND COMISSIONER OF
ADMINISTRATION AND FINANCE
NO. 80
G.WARD — CONCERNS PROPOSED HUMAN
SERVICES /SR. CITIZEN CUTS
With the City of Buffalo contemplating cuts in Human
Services, Parks and Recreation and the Senior Citizens
department due to budgetary shortages, I feel I needed to voice
my concerns and thoughts.
I am proud to be an American, but there are times when I am
very saddened by the way our country treats our Senior Citizen
and elderly population in the United States. Whenever there is
a financial crisis, whether it be Federal, State or local
government, the seniors are always the ones targeted.
Government is always willing to cut their Social Security,
Medicare, or what little services they do get locally. Many of our
seniors are on a fixed income, and many below poverty level.
We have seniors eating cat food because it is cheaper than
regular food. We have seniors freezing to death because they
can not afford the high gas bills, and the gas has been shut off.
We have youths robbing and beating up our seniors for a few
dollars. We have con - artists taking advantage of our seniors,
ripping them off. We have seniors living in filth because they
can no longer take care of themselves. Many of the children of
these elderly don't want to be bothered, so they put them in
nursing homes, for someone else to take care of them, or they
just let them fend for themselves, letting them make choices on
whether this month they will get their medication or pay a bill or
buy food. And here they are sitting waiting to die, to go to a
better place. A place where there is no hardship, no disease,
no high cost for medical attention, a place of freedom. After all
these are the men & women who fought for our freedom, in
WWII, Korean War, or Vietnam Wars. And what do we (our
government, American citizens) do, we try to pretend this is not
happening to our seniors in our wonderful Nation. We try to
cover up the way our seniors are treated and the way they get
less and less. These are the men and women who gave so
much of their lives for us, and for our Great Country, and this is
how we say Thank You!
In many different countries and tribes, the elderly are put up on
a pedestal; they are the wisdom, and the knowledge of the tribe
or country. They are looked at by the younger generations as
the people who have already done that or have already been
there, and now have the knowledge to not make the same
mistakes, so that there is a different out come. The younger
generation looks up to there elderly and honor them and take
care of them like they are kings & queens. They look to their
elderly for direction, they do not keep taking & taking & taking
from them as we do in the United States.
With the seniors being the largest growing population, I feel it is
time to give back to our senior citizens, give them what they
deserve, lets show them that we our very thankful for all they
have done for us, and all they have given us. It is time to listen
to what they have to say, it's time to take care of our elderly
population, and keep what little services that we do offer them.
In no way should we close or give away any of our senior
centers, as this is their only outlet to many services. We to will
be in this group of Americans in a short time. We need to act
now, not tomorrow.
RECEIVED AND FILED
NO. 81
NORFOLK BLOCK CLUB
REQUEST NO DUMPING SIGNS IN NEIGHBORHOOD
This letter represents Norfolk Block Club #1, our call number is
56386. Our complaint is regarding the dumping that is being
done at the end of the block.
We are requesting a "NO DUMPING" sign and a guard rail at
the end of our street to prevent further dumping, on Thursday,
October 18, 2001, the city sent a crew out to clean LIP the lot,
they did an excellent job. However, not even a week has gone
by and someone has dumped garbage in the lot twice.
Furthermore, this lot has been used for a shortcut for cars and
motorcycles traveling on to the William L. Gaiter Pkwy.
We would appreciate your consideration in this matter. Thank
you.
RECEIVED AND FILED
NO. 82
S. WEST BMHA- REQUEST AGENDA/MINUTES
I am respectfully requesting that, as they become available, the
BMHA monthly move in /move out data and the agenda and
minutes from each BMHA Board of Directors meeting be filed
in the Buffalo City Clerk's office for inclusion in subsequent
Buffalo Common Council meetings.
Thank you for your attention to this matter. If you have any
questions, please call my office at 851 -
REFERRED TO THE COMMITEE ON COMMUNITY
DEVELOPMENT AND THE BMHA
NO. 83
V.CRAY- CONCERNS — SECURITY 1382 JEFFERSON AVE.
As a small business owner in the community where my
business is located, we need a Security system. I feel as
though I am paying too much to keep security in my building as
it is. To pay additional security costs is costing me more money
because I am paying taxes for Security and police protection. I
feel I shouldn't have to be charged $50 for extra security.
With a business, you need alert security and sensitive security.
When someone hits on your window, picks your doors, or tries
to get in your basement, the alarm will go off letting them know
not to come in and that the building is highly Secure by ADT.
That's why I have a sensitized security to keep people from
trying to get into my building. It is not a false alarm; it is a
warning against prowlers.
Please consider what I am saying by looking, over this matter
very carefully. I would appreciate your attention and your
consideration regarding, this situation. I thank you very much. If
you have any questions concerning this, please call me at my
business number, which is 882 -7594, or write me at 1382
Jefferson Avenue, Buffalo, NY 14208.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
DIVISION OF COLLECTIONS
NO. 84
H.HENRY — COMMIT FISCAL PLIGHT
I appreciated seeing a snowplow on Huntley Road this
afternoon. That was good service.
Providing good service is the task I believe you ought to be
about; I am not sure you have always been able to keep that
goal in sight.
As with many other city residents, I have been very seriously
concerned about the fiscal plight of Buffalo and the Buffalo
schools and what I consider to be limited service from city
programs.
I wonder if the lack of effective service within the city stems
from a failure to work cooperatively with each other and with the
County of Erie? What I read in the papers and see in the news
reports seem to me to be obstacles to progress stemming from
individual egos struggling for personal supremacy. If this is
what is going on, you are not helping the city -you are part of its
problem.
Simplistic solutions, name calling, affixing blame and what
seems to be refusal to enact change does not fix our problems.
I would like to see cooperative efforts to achieve the following:
• much more consolidation of services with the county; if
the county can do the job more effectively, let the county
take over and do it; if the city can do the job more
effectively, let the city take over the county's function
• a reorganized and much smaller council (we have
dropped below 300,000 -do we need more than six
districts and an at -large elected council president ?) and
effective coordination of services between district offices
and city agencies to prevent duplication
• police and fire districts reorganized to coincide with the
councilmember districts
• effective labor- management cooperation which has as its
primary goal the provision of effective service to the city
(why am I reading about so many home invasions ?)
• modernization and computerization of services for
tracking and accountability in order to ensure that
effective service is being provided
• implementation of safe and efficient practices that have
worked in other cities; we have effective employees in
Buffalo and there is no reason they cannot make these
same practices work here as their counterparts do
elsewhere; if we do not have effective employees then we
need to get rid of the ones we have and get new ones
For over 25 years I was a union steward and council president
of a small division of the New York State Public Employees
Federation. I worked with management and management
worked with me because we both had the same goal -- service to
our clientele. I was able to keep all of my members employed
without layoffs; however, I did not protect the dysfunctional
ones who eventually left on their own. One of them I told to go
elsewhere.
Management provided constant support and coordinated
leadership as well as modernization of facilities to enable
employees to provide excellent service. My union members
wanted to and did provide excellent service; they did not want to
carry the load that the dysfunctional ones failed to manage. I
believe this is the same in every setting. People want to take
pride in their work; they also want to know that dysfunctional
employees will not be tolerated nor protected.
Please advise me of the cooperative steps you are taking to
address city problems. Can grant moneys be accessed to
upgrade computerization of services?
RECEIVED AND FILED
NO. 85
DOCUMENTATION ON QUINT MIDIS /QUINT FIRE
APPARATUS
Enclosed for your review are four (4) documents concerning
Quint- Nfidis and /or Quint Fire Apparatus. These are:
"A Study of Quint Fire Apparatus ", by John Tvedten.
This document, though older, highlights some of the
problems with Quints, along with the experiences of other
cities.
"To Buy (or not to buy) A Quint ", By Lt. Jake Rixner of
the Richmond, Va. Fire Department.
"To Quint or not to Quint ", By Deputy Chief Ted Goldfard
of the FDNY.
A letter from Joseph Montesano, President of Rochester
Fire Fighters Local 1071 regarding the Quint -Midi system.
The two articles were printed in Fire Engineering Magazine,
which is the preeminent Fire publication in the United States.
Articles printed therein are given wide credibility.
Mr. Montesano has already agreed to speak with you or your
staff on this matter. Please feel free to call him. I am attempting
to contact Chief Goldfarb to see if he would be willing to
discuss this matter with you. Mr. Tvedten was killed in the line
of duty last year.
For the record, the Buffalo Professional Fire Fighters
Association is adamantly opposed to the Quint -Midi concept. It
does not work as well as our current system. It is only used in
Rochester, NY. It has been tried and abandoned in other cities
both before Rochester adopted it and after, because it does not
work well.
In Rochester, the number of career - ending injuries to Fire
fighters has quadrupled since adoption of the Quint -Midi
system. (See Montesano Letter).
Any fire service reductions mean a decrease in service.
Adopting the Quint -Midi concept, however, is worse than
closing a firehouse because crew sizes, and thus efficiency,
are reduced over a widespread area of the City instead of a
localized area.
Quint -Midis provide fewer than half of the available fire fighters
to attack the fire on the initial response than our current system
(3 under Quint -Midi vs. 7 in the current system); and will
significantly increase the workload on each fire fighter at the
scene. Our men win work harder to accomplish less.
In the coming weeks, we will provide additional documentation
and information to help you with your decision.
Meanwhile, I've attached a list of questions that should be
answered before making such a drastic decision.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 86
Updated City Debt Figures Per Discussion at the 01/10/02
Budget Committee Meeting
Attached, please find 3 documents related to the City of
Buffalo's indebtedness:
1. An unaudited debt schedule as of June 30, 2001 in the
same format as the schedule that was distributed to
Council members on the afternoon of January 101 h . We
have been able to obtain more current debt figures from
the Comptroller's Office. These figures still don't include
the $120 million in RAN's and the $34 million in c -bonds
that were issued since June 30, 2001.
2. A listing of bonds that are authorized by the Council but
unissued by the Comptroller as of June 30, 2001. These
bonds total $160,808,179. Of the $160.8 million, $34.45
million were for the Board of Education, 23.8 million were
for the Board of Parking, and $102.6 million were for the
City of Buffalo. These numbers are not part of the figures
included in item #1 listed above.
3. A "Debt Service Requirements Until Maturity"
spreadsheet. This spreadsheet projects annual debt
payments out into the future and is otherwise similar to
item #1. It doesn't include Water Finance Authority
Revenue Bonds though. The Total Principal figure of
$386,801,000 matches with the first subtotal on page
A -24 of item 1, which is the subtotal before those revenue
bonds are added in.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 87
"A. Thompson-0. Patton & R.
Garth- Concerns - Residential Property
Damage - 3 8 Woodlawn" (465 C.C.P. Dec. 26, 200 1)
Pursuant to Your request the NFTA has researched and
cross referenced the subject claim in our master database for
the past fifteen years and find no information.
If you have any questions, please contact
REFERRED TO COMMITTEE ON LEGISLATION
NO. 88
RESOLUTION
RECORD OFEVENTS 9/11/01
WHEREAS, the terrorist attacks upon the World Trade Center,
the Pentagon, and the highjacking of four American airplanes
on September 11, 2001 resulted in the killing and injuring of
thousands of innocent victims, and;
WHEREAS, this attack on the lands of the continental United
States of America is unprecedented, and;
WHEREAS, the attacks resulted in the destruction of billions of
dollars of property and the uprooting of thousands of lives and
businesses, and;
WHEREAS, this is a major historical event in the recorded
history of our country, and;
WHEREAS, this event has major repercussions on all levels of
government and its populations - federal, state and local
communities, and;
WHEREAS, the Association of Public Historians of New York
State (APHNYS) represents the local government historians of
each town, village, city, county, and borough of the State who
are charged to record such historical events,
THEREFORE, BE IT RESOLVED THAT:
APHNYS offers condolences for the victims and their families,
and admiration and gratitude for all rescue workers, and that;
APHNYS , as a state -wide organization, will, as our patriotic
duty, put together our resources and make these resources
available to the federal, state, and City of New York
governments to record the events of September 11, 2001, and
that;
The impact of the tragedy on local communities such as
memorial services, patriotic events, fundraising efforts,
response of the media, etc., will be collected, preserved, and
disseminated, and that;
The information concerning victims of the tragedy who had ties
to local communities in New York State be recorded, and that;
Service groups from local communities such as fire, police, and
medical personnel who traveled to the attack sites to assist in
the recovery also be recorded, and that;
This event may be documented through paper, digital, and
three dimensional objects along with both written and oral
histories of all participants, and that;
Plans be initiated for the collection and preservation of
journalistic reports including television and newspaper reports
made during the first days of the tragedy, and that;
BE IT ALSO RESOLVED:
That copies of this resolution be sent to the President and
Congress of the United States, the Governor and Legislature of
New York State, The Mayor and Borough Presidents of the City
of New York with our sympathy and offer of assistance and that
copies also be sent to all other political entities within the State.
Moved, seconded and unanimously passed at the annual
conference of the Association of Public Historians of New York
State, held in Syracuse, New York on this first day of October
2001.
RECEIVED AND FILED
NO. 89
Attached list of BURA funded Jobs
The attached list of filled BURA jobs is part of a large package
from the Office of Strategic Planning that is on file at the City
Clerk's Office. It was filed as part of "BURA /Consolidated Plan
Process" - #5, CCP, November 27, 2001. 1 thought
Councilmembers would like a chance to see this list if they
haven't already.
COPY AVAILABLE IN THE CITY CLERKS OFFICE
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 90
COMMITTEE ON COMMUNITY DEVELOPMENT 2002
HEARING SCHEDULE FOR YEAR 28 CDBG
Please be advised that the Committee on Community
Development has scheduled for the following Hearing dates for
Year 28 CDBG:
Friday, January 25, 2002 - Friends to the Elderly- 118 E.
Utica Street -10AM
Monday, January 28, 2002 - Kensington NHS -995 Kensington
Ave -6PM
Wednesday, January 30, 2002 - Stanley Makowski School
Auditorium -Best & Jefferson Streets -6PM
Thursday, January 31, 2002 - Buffalo Common Chambers, 1 P
Floor City Hall -6PM
All meetings are open to the public. Community Based
Organizations are encouraged to attend the Public Hearing on
Thursday, January 31, 2002 to be part of the Common
Council's official record.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 91
INFO MARINE DRIVE APARTMENTS
We have received and reviewed your letter of
January 8, 2002 regarding the privatization of the Marine Drive
Apartments.
The Buffalo Regional Office has referred your request to our
Housing Management Unit. You may contact Mr. Richmond
McCurnin, at the Housing Deputy Commissioner's Office, 25
Beaver Street, New York, New York 10004, (212) 480 -6444.
Please contact us if we may be of further assistance.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 92
CONCERNS ANIMAL SHELTER
I am in receipt of your letter of January 4, 2002 reporting that
my concerns regarding the condition of the Animal Shelter were
tabled by the Committee on Legislation on January 3, 2002.
Your letter requested my presence at the next meeting
scheduled for Tuesday, January 15, 2002 at 2:00 PM.
While I appreciate the invitation to personally appear before the
Committee on Legislation, I respectfully assert that my
correspondence of December 12, 2001 explicitly stated the
issues that require attention and I see no need for a personal
appearance. What additional questions could the Committee
have?
The City Charter details specific obligations regarding the
Animal Shelter. They are not being executed. First among them
is the employment of a licensed veterinary technician. Is
recruitment in process? Why is there no accountability for
failing to comply with this requirement? I believe that the other
poor conditions I outlined in my letter are straightforward, such
as inconvenient hours of operation, apparent arbitrary closures
on Saturdays and the antiquated administration of this service.
I could add nothing to these observations through a personal
appearance. The Committee has more than sufficient
information to remediate the conditions I described. It is clear
that the Animal Shelter needs better management.
I have stated my concerns explicitly and I will continue to visit
the Shelter to monitor changes. My observations will gauge the
City's responsiveness. Results are what matter and based on
them, I will determine my next steps. Public expose' is an
option, but I believe that solving issues internally is often the
most productive route. I hope we can accomplish that through
the Committee's action.
RECEIVED AND FILED
NO. 93
RESIGNATION — MEMBER BOARD OF ASSESSMENT
REVIEW
I hereby tender my resignation as a temporary
member of the City of Buffalo Board of Assessment Review
effective immediately.
RECEIVED AND FILED
PETITIONS
No. 94
A. BODAMI, AGT., USE 1390 SOUTH PARK FOR
PLACEMENT OF 5'HIGH BERM ON INSIDE OF
CONTRACTOR'S STORAGE YARD.
(HRG. 1/29)
REFERRED TO THE COMMITTEE ON LEGISLATION,
DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING
BOARD AND CORPORATION COUNSEL.
No. 95
D. MIKA, AGT., USE 1421 KENSINGTON FOR GROUND
SIGN AND ILLUMINATED WALL SIGN.
(HRG. 1/29)
REFERRED TO THE COMMITTEE ON LEGISLATION,
DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING
BOARD AND CORPORATION COUNSEL.
No. 96
G. COLE, OWNER, USE 1393 E. DELAVAN FOR A HUMAN
SERVICES FACILITY.
(HRG. 1/29)
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.97
Information- Status of Appts. (HR)
(CCP #27 -Jan. 8, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 98
Residency Officer - Status Update (HR)
(CCP #28 -Jan, 8, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
Finance
(Betty Jean Grant, Chairperson)
No. 99
Lease with Central Park Plaza Management -
Fillmore -Leroy Counseling Clinic
(Item No. 25, C.C.P., Jan. 8, 2002)
That the above item be, and the same hereby is returned to the
Common Council without recommendation
Mrs. Grant Moved:
That the Commissioner of Community Services be, and he
hereby is authorized to enter into a lease between the City of
Buffalo Division of Substance Abuse Services and Central
Park Plaza Management to relocate the Fillmore -Leroy
Counseling Clinic to a storefront located in the Central Park
Plaza at the former Planned Parenthood site for a term to
commence on March 2, 2002 for a rental fee of $15,000.00 per
year payable in equal monthly installments of $1,250.00 per
month, under the terms and conditions as listed in the attached
lease. That the Corporation Counsel be, and he hereby is
authorized to prepare the necessary documents for said lease
and that the Mayor be authorized to execute the same. Central
Park Plaza Management shall keep the area around the clinic
clean and free of debris.
Passed.
AYES -13- NOES -0
No. 100
Easement - 331 Depew
(Item No. 14, C. C.P., Jan. 8, 2002)
That the Director of Real Estate be, and he hereby is
authorized to enter into an casement agreement between the
City of Buffalo and Arnold and Joanne Kahn, owners of 331
Depew, for One Dollar ($1.00), to allow the City to run a utility
line underground for an ornamental fountain at Burke's Green,
a triangular park at Depew, Beard and Wesley. That the
Corporation Counsel be, and he hereby is authorized to prepare
the necessary easement agreement and that the Mayor be
authorized to execute the same.
Passed.
AYES -13- NOES -0
Legislation
(Richard A. Fontana, Chairman)
No. 101
Rename Johnson Playground to "Rev. James Eckridge
Park" (Hrg. 1/22)
Item No. 143 - C.C.P., Dec. 2 6 200 1)
That the above item be and the same is returned to the
Common Council without recommendation.
RECOMMENDED BY THE COMMITTEE ON LEGISLATION.
A public hearing has been set, before the Common Council 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. Fontana the
item is properly before the Common Council, and the hearing is
opened.
CARRIED.
Appearances - Elizabeth Triggs
Mrs. LoTempio now moved that the hearing be closed.
Seconded by Mr. Fontana CARRIED.
Rename Johnson Playground to "James Eckridge
Playground"
(Item No. 143, C.C.P., Dec. 26, 2001)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Fontana Moved:
That this Common Council, after an appropriate public hearing
set by the City Clerk, redesignates the Johnson Street
Playground as James Eckridge Playground in honor of
Reverend James Eckridge.
Passed.
AYES -13- NOES -0
No. 102
G. Smith, Petition to Use 363 Dingens - Wall & Pole Sign
(Item No. 69, C. C.P., Dec. 26, 200 1)
That after the public hearing before the Committee on
Legislation on January 3, 2002, the petition of G. Smith, agent,
for permission to use 363 Dingens for a wall & pole sign be,
and hereby is approved on the condition that landscaping be
provided at the base of the pole.
Passed.
AYES - 13 - NOES - 0
No. 103
G. Smith, Petition to Use 363 Dingens - Wall & Pole Sign
(Item No. 69, CCP, Dec. 26, 2001)
That after the public hearing before the Committee on
Legislation on January 3, 2002, the petition of G. Smith, agent ,
for permission to use 363 Dingens for a wall & pole sign be,
and hereby is approved on the condition that landscaping be
provided at the base of the pole.
PASSED
AYES -13- NOES -0
No. 104
T. Rivers, Petition to Use 900 Kensington Avenue
- ,Alter Use to Used Car Sales
(Item No. 7 1 C. C.P., Dec. 26, 200 1)
Mr. Fontana moved that the above item be recommitted to the
Committee on Legislation
ADOPTED
NO. 105
M. Matusick, Petition to Use 500 Fuhrmann - Illuminated
Billboard Sign
(Item No. 72, C. C.P., Dec. 26, 200 1)
That after the public hearing before the Committee on
Legislation on January 3, 2002, the petition of M. Matusick,
agent, for permission to use 500 Fuhrmann Boulevard for an
illuminated billboard sign be, and hereby is denied pursuant to
the recommendation of the City Planning Board.
DENY
NO. 106
500 Fuhrmann Blvd., Use 500 Fuhrmann Blvd.- 14'x 48'
Billboard, (Plan Bd.)
(CCP #11 -Jan. 8, 02)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 107
R. Santoro, Petition to use 199 Delaware - Illuminated Wall
Sign
(Item No. 73, C.C.P., Dec. 26, 200 1)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Fontana Moved:
That after the public hearing before the Committee on
Legislation on January 3, 2002, the petition of R. Santoro,
agent, for permission to use 199 Delaware Avenue for an
illuminated wall sign be, and hereby is approved.
Passed.
AYES -13- NOES -0
No. 108
P. Strada, Petition to Use 928 Broadway - Sign
(Item No. 83, C. C.P., Nov. 13, 200 1)
That after the public hearing before the Committee on
Legislation on November 20, 2001, the petition of P. Strada,
agent, for permission to use 928 Broadway for a 15 foot
monument sign be, and hereby is approved.
Passed.
AYES -13- NOES -0
No. 109
G. Wooley, Petition to use 711 City Line South for Scrap
Metal Staging Area
(Item No. 113, C. C.P., July 24, 200 1)
(Item No. 15 1 C.C.P., Sept. 18, 200 1)
Mr. Fontana moved that the above item be recommitted to the
Committee on Legislation.
ADOPTED.
No. 110
Appointment - Commissioner of Fire
(Item No. 1, C.C.P., Jan. 8, 2002)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Fontana Moved:
That the appointment of Calvin G. Worthy to the position of
Commissioner of Fire effective January 1, 2002 be, and hereby
is approved.
Passed.
AYES -13- NOES -0
No. 111
Re- Appointment - Commissioner of Administration &
Finance
(Item No. 2, C. C.P., Jan. 8, 2002)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Fontana Moved:
That the re- appointment of Eva M. Hassett to the position of
Commissioner of Administration & Finance effective January 1,
2002 be, and hereby is approved.
Passed.
AYES -13- NOES -0
No. 112
Re- Appointment - Commissioner of Community Services
(Item No. 3, C. C.P., Jan. 8, 2002)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Fontana Moved:
That the re- appointment of Donald 0. Allen to the position of
Commissioner of Community Services effective January 1,
2002 be, and hereby is approved.
Passed.
AYES -13- NOES -0
No. 113
Re- Appointment - Commissioner of Permit & Inspection
Services
(Item No. 4, C.C.P., Jan. 8, 2002)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Fontana Moved:
That the re- appointment of Ray McGurn to the position of
Commissioner of Permit & Inspection Services effective
January 1, 2002 be, and hereby is approved.
Passed.
AYES -13- NOES -0
No. 114
Re- Appointment - Commissioner of Police
(Item No. 5, C.C.P., Jan. 8, 2002)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Fontana Moved:
That the re- appointment of Rocco J. Diina to the position of
Commissioner of Police effective January 1, 2002 be, and
hereby is approved.
Passed.
AYES -13- NOES -0
No. 115
Re- Appointment - Commissioner of Public Works, Parks
& Streets
(Item No. 6, C.C.P., Jan. 8, 2002)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Fontana moved:
That the re- appointment of Joseph N. Giambra, residing at 22
Taunton to the position of Commissioner of Public Works,
Parks & Streets effective January 1, 2002 be, and hereby is
approved.
Passed.
AYES - 13 - NOES - 0
No. 116
Re- Appointment - Corporation Counsel
(Item No. 7, C.C.P., Jan. 8, 2002)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Fontana
That the re- appointment of Michael B. Risman to the position of
Corporation Counsel effective January 1, 2002 be, and hereby
is approved.
Passed.
AYES -13- NOES -0
No. 117
Criteria for Evaluation and Designation of Trailblazing
Signs
(Item No. 132, C.C.P., Dec. 11, 200 1)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Fontana Moved:
That the above mentioned item be and the same is hereby
received and filed.
Adopted
No. 118
Criteria for Evaluation and Designation of Trailblazing
Signs (PW)
(Item No. 34, C.C.P., Dec. 26, 2001)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Fontana Moved:
That the above mentioned item be and the same is hereby
received and filed.
Adopted.
No. 119
Trailblazing Signage "Dr. John W. Williams"
(Item No. 145, C.C.P., Dec. 26, 200 1)
That this Honorable Body requests the Department of Public
Works to install Trailblazing Signs that reads, "Dr. John W.
Williams Way" on High between Peach and Orange Streets.
ADOPTED
NO. 120
Used Car Dealer - 1640 Bailey Avenue
(Item No. 48, C. C.P., Oct. 16, 200 1)
(Item No. 144, C. C.P., Oct. 3 0 200 1)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
M r. 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 Used Car Dealer license to
Michael Kubiszyn, d /b /a Universal Engine Rebuilding located at
1640 Bailey Avenue with a five (5) car limit.
Passed.
AYES -13- NOES -0
No. 121
Used Car Dealer -227 Fillmore (Permits)
(CCP #54 -Nov. 13, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 122
Used Car Dealer - 1279 Genesee Avenue
(Item No. 3 9, C. C.P., Nov. 27, 200 1)
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 Lisa
Miller, d /b /a M & L Automotive located at 1279 Genesee with a
five (5) car limit.
Passed.
AYES -13- NOES -0
No. 123
Whitney Rehab. /Neighborhood Apartments
(Item No. 67, C. C.P., Dec. 26, 200 1)
Mr. Fontana moved that the above item be recommitted to the
Committee on Legislation.
ADOPTED.
EDUCATION
(CHARLEY H. FISHER, III, CHAIRMAN)
NO. 124
C. FISHER- YPC /CBO -BFLO. VOC. TECH. CTR.
(CCP #84 -JULY 10, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 125
M. MAZUR- SAFETY CONCERNS -BIKE TRAIL- DELAWARE
PARK /HOYT LAKE
(CCP #72 -OCT. 16, 0 1)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 126
CUTS TO OLMSTEAD SCHOOLS
(ITEM NO. 147, C.C.P., NOV. 27,200 1)
That the Common Council requests the School
Superintendent and any available School Board Members to
attend the Common Council's Committee on Education on
January 30, 2002 in room 1417 to discuss budgetary cuts that
have a direct impact on the Olmstead School system and
programs offered.
ADOPTED
NO. 127
CUTS TO OLMSTEAD SCHOOLS (BD. ED.)
(CCP #30 -DEC. 11, 0 1)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 128
C. FISHER -E. NUNN -REQ. ASSIST - OUTSIDE TENNIS
CTS. -W. HERTEL PKG. LOT
(CCP #88 -MAY 1, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 129
C. FISHER - PARENTS FOR PUB. SCH. LEADERSHIP
TEAM -FNDG. -PUB. SCHS.
(CCP #89 -MAY 1, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
SPECIAL COMMITTEES
STREETS SERVICES COMMITTEE
(CHARLEY H. FISHER, III, CHAIRMAN)
NO. 130
C. FISHER - 2000 -02 CITY OF BUFFALO SNOW PLAN
(CCP #87 -JUNE 12, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
BUDGET COMMITTEE
(ROSEMARIE LOTEMPIO, CHAIRPERSON)
NO. 131
INTERFUND LOANS - CITY'S CASH POSITION (COMPT)
(CCP #27 -OCT. 2, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 132
INTERFUND LOANS - CAPITAL BUDGET (COMPT)
(CCP #10 -OCT. 16, 01)
That the above item be and the same hereby is referred to
the Committee on Finance.
ADOPTED
NO. 133
CAPITAL BUDGET 2000 -2001 (COMPT.) (#14,1/9)
(CCP# 13 1 JAN. 23, 0 1)
That the above item be and the same hereby is referred to
the Committee on Finance.
ADOPTED
NO. 134
RECOMMENDED 2002 CAPITAL BUDGET (MAYOR)
(CCP #2 -NOV. 13, 01)
That the above item be and the same hereby is referred to
the Committee on Finance.
ADOPTED
NO. 135
COMPREH. ANN. FINANCIAL RPT.- FISCAL YR. ENDED
6/30/00 (COMPT)
(CCP #29 -OCT. 30, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 136
CONTINGENCY PLAN FOR ADDRESS. POSS. FISCAL
IMPACT - 2001 -02 (MAYOR)
(CCP#4 -OCT. 2, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 137
THE CITY OF BUFFALO'S STRATEGY FOR FISCAL
SURVIVAL
(CCP #176 -OCT. 2, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 138
STATE COMPT. - STATEMENT OF BUFFALO'S FINANCES
(COMPT.)
(CCP #32 -NOV. 13, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 139
FIRST QUARTER GAP SHEET - INFO - 2001 -2002 FY
(COMPT)
(CCP #20 -DEC. 26, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 140
COB GEN. FUND BUDGET GAP ANALYSIS /GEN. FUND
REV. NEED (A &F)
(CCP #56 -NOV. 13, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 141
IMPACT -NYS LEGISLATURE'S BASELINE ED. BUDGET
2001 -2002 (BD. ED.)
(CCP #68 -OCT. 30, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 142
BUDGET IMPACT6 -NYS LEG. BASELINE ED. BUDGET
2001 -02 -ADD. INFO (BD. ED.)
(CCP #59 -NOV. 13, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 143
DRUG ASSET FORFEITURE - CHECKS RECEIVED (POL.)
(CCP #60 -OCT. 30, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 144
DRUG ASSET FORFEITURE - CHECKS RECEIVED (POL.)
(CCP #24 -NOV. 27, 01)
That the above item be and the same hereby is received and
filed -
ADOPTED
NO. 145
AVERAGE RESPONSE TIME STUDY YTD 2001 (FIRE)
(CCP #25 -NOV. 27, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 146
FIRE CO. ROTATION -1 1/2- 11/8/01 (FIRE)
(CCP #26 -NOV. 27, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 147
FIRE CO. ROTATION -1 1/9- 11/15/01 (FIRE)
(CCP #27 -NOV. 27, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 148
FIRE CO. ROTATION- 11/16- 11/22/01 (FIRE)
(CCP #25 -DEC. 11, 0 1)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 149
FIRE CO. ROTATION -1 1/23- 11/29/01 (FIRE)
(CCP #26 -DEC. 11, 0 1)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 150
FIRE COMPANY ROTATION- 11/30- 12/9/01 (FIRE)
(CCP#40 -DEC. 26, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 151
FIRE HOUSE CLOSINGS- 10/5- 11/8/01 (FIRE)
(CCP #28 -NOV. 27, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 152
IRON ISLAND -M. HASTREITER & O -OPP.
FIREHOUSES - CLOSED TEMP, ETC.
(CCP #86 -NOV. 13, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 153
J. MISSALL- CONSULT. FOR MUNICIPAL COMM.
SECURITY WITHIN COB
(CCP #84 -OCT. 2, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 154
PERM. HIRE CONST. MGR. -N. JEFF. LIBR.
(PW) ( #97,12/26) ( #80,12/1 1)(#22,11/27)
(CCP #59 -JAN. 8, 2002
That the above item be and the same hereby is Received and
Filed.
ADOPTED
NO. 166
B. GRANT -S.
LUMADUE- CONCEMS- FUNDING- COPS/VISTA
(CCP #83 -OCT. 30, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
BI- NATIONAL BRIDGE TASK FORCE
(JAMES W. PITTS, CHAIRMAN)
NO. 156
MULTISORB TECH, INC. - SUPERSPAN UPPER NIAGARA
CONCEPT
(CCP #212 -MAR. 3, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 157
D. MOYNIHAN- EXTEND COMMENT PERIOD PROPOSED
BRIDGE
(CCP #103 -APR. 14, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 158
M. CASTRO -TECH. AD. COMM. MTG. -PEACE BRIDGE
AUTH.
(CCP #77 -APR. 6, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 159
A. SCHILLACI - OLMSTEAD PARK CONS.
- REVIEW- BRIDGE /PLAZA ISSUES
(CCP #90 -APR. 6, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 160
R. MEDER -MCI WRLDCM -PROP. CONST. -PEACE
BRIDGE DIV. PROJ.
(CCP #100 -JULY 13, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 161
E. COSGROVE- RESPONSE - PUBLIC CONSENSUS REV.
PANEL - SUPERSPAN
(CCP #72 -APR. 4, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 162
E. FAHEY -MEMO. DECISION -PEACE
BRIDGE / SUPERSPAN
(CCP #101 -APR. 18, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 163
R. BINISZKIEWICZ, PUBLIC BRIDGE AUTH. -EIS FOR EXP.
PEACE BR. CAP.
(CCP #50 -NOV. 28, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
MINORITY BUSINESS ENTERPRISE COMMITTEE
(CHARLEY H. FISHER, III, CHAIRMAN)
NO. 164
CITY'S WORKFORCE UTILIZATION REPORTS (MAYOR)
(CCP #I -MAR. 20, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 165
MWBE PART ON COB CONTRACTS (PW)
(CCP #53 -MAR. 29, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 166
F. MESIAH, NAACP -REQ. INFO.- MULTI -YR. PROJ. -NEW
SCHS. (BD, ED.)
(CCP #56 -FEB. 6, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 167
SUPPORT NAACP BOYCOTT OF ADAM'S MARK HOTELS
(CCP #182 -SEPT. 4, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 168
F. MESIAH -NAACP BOYCOTT - ADAM'S MARK HOTEL
(CP)
(CCP #30 -SEPT. 18, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
RESOLUTIONS
NO. 169
BY: MR. COPPOLA, MR. FONTANA, MS. MARTINO, MR.
DAVIS
DESIGNATION OF DEVELOPER FOR CO- GENERATION
SYSTEM
Whereas: In January, 2001, the Common Council created a
Special Committee on Energy to study proposals for alternative
energy, including municipalization, co- generation and
district heating; and
Whereas: Proposals for the development of a co- generation
system have been received by the Special Committee on
Energy from the AFL -CIO Economic Development Group, the
Dominion Energy team, Primary Energy and Peninsula Energy,
all of which have been reviewed by the Special Committee; and
Whereas: After serious consideration of the merits of each
proposal, the Special Committee has found that the
AFL -CIO Economic Development Group's proposal best
matches the goals for co- generation within the City of Buffalo;
and
Whereas: Since the Special Committee finds the AFL -CIO
Economic Development Group's proposal to be the most viable,
it is now believed the City should enter into negotiations to
establish an agreement for the development of a co- generation
system.
Now, Therefore, Be It Resolved:
That the City of Buffalo does hereby designate the AFL -CIO
Economic
Development Group as the preferred developer of a
co- generation system for the City of Buffalo; and
Be it Further Resolved:
That the Commissioner of Public Works, Parks, and Streets be
and he hereby authorized to enter into negotiations with the
AFL -CIO Economic Development Group to develop a
co- generation system for the City of Buffalo; and
Be it Further Resolved:
That the Commissioner of Public Works, Parks, and Streets
report back to the Council the results of such negotiations for
review and final approval within thirty E_ days of the approval
of this resolution.
PASSED
Ulyd*m 911111111111101 [6]*=01
NO. 170
BY: MR. DAVIS
TOXIC RELEASE INVENTORY
Whereas: The release of toxic chemicals, including nitrogen
oxide and sulfur dioxide emissions, is a major environmental
and public health concern; and
Whereas: The ecosystem of the State of New York has been
negatively impacted by this industrial waste, with,the repeated
violations of the federal Clean Air Act causing the presence of
acid rain and smog in our atmosphere, and exacerbating
respiratory diseases such as asthma; and
Whereas: The Toxic Release Inventory (TRI) is part of the
Emergency Planning and
Community Right -To -Know Act (EPCRA) created by Congress
in 1986; and
Whereas: The TRI requires power utilities and industries to
report to the Environmental Protection Agency (EPA) their
annual releases of specifically listed substances to the air,
water, land, or those transferred off -site for treatment or
disposal; and
Whereas: The purpose of the TRI is to inform the public of the
amount of a particular chemical that is released; and
Whereas: That this Common Council recognizes the value of
safe communities and believes that knowledge of what goes
into the air, land, and water is important to the community;
Now, Therefore, Be It Resolved:
That the Environmental Management Commission be
requested file to this Common Council a report, explaining in
qualitative terms, the results of the most recent Toxic Release
Inventory; and
Be It Further Resolved That:
That this report include an assessment of the public health and
environmental impact of the emissions on our communities by
Common Council district; and
Be It Finally Resolved:
That the City Clerk be directed to send certified copies of this
resolution to the Environmental Protection Agency, the New
York State Department of Environmental Conservation, the
Environmental Management Commission, the Citizen's
Environmental Coalition, the New York Public Interest Group
(NYPIRG) and the Citizen's Campaign for the Environment.
ADOPTED
NO. 171
BY: MR. FONTANA, MRS. MARTINO
DEVELOPABLE LAND IN THE CITY OF BUFFALO
Whereas: Currently, the new Buffalo Industrial Park off
Dingens St. in Buffalo is nearing full capacity; and
Whereas: Open clean parcels to develop is a product the city
needs in order to attract new companies and create new jobs;
and
Whereas: The Dingens St. industrial park has been extremely
successful in attracting new companies, that success is
leading to the need for more development projects throughout
the City of Buffalo; and
Whereas: This Common Council has long supported the
development of land for job creation purposes; however,
currently available clean ready to build land is in tight supply;
and
Whereas: In light of the city's current fiscal situation one of the
many solutions to our structural problem is to expand our tax
base through development; and
Therefore Be It Resolved: That the office of Strategic Planning
prepare a report that identifies areas for light industrial office
park development within the city of Buffalo; and
Therefore Be It Resolved: That the report include land currently
available, land under consideration for development and all
future plans for sparcely populated areas of our city; and
Therefore Be It Finally Resolved: That the report be riled with
the Common Council no later than Thursday February 21, 2002
at 2:OOpm.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT AND THE DIRECTOR OF STRATEGIC
PLANNING
NO. 172
BY- MR. FRANCZYK
APPOINT LEGISLATIVE ASSISTANT
BE IT RESOLVED:
That Robert Sienkiewicz, residing at 808 Fillmore Avenue,
Buffalo, N.Y. 14212, be appointed Legislative Assistant to
Fillmore District Council Member David A. Franczyk pursuant
to Section 27 of the Charter effective January 21, 2002.
David A. Franczyk
Fillmore District Councilmember
ADOPTED
NO. 173
BY: MRS. GRANT
DIVERSIFYING MINORITY AND WOMEN OWNED
COMPANIES.
WHEREAS: There are many businesses in Western
New York being awarded to City of Buffalo contracts which are
owned by minorities or women; and
WHEREAS: These businesses are designated as
minority -owned due to the race or gender of the owner even
though many of them do not have additional minorities or
women on their workforce; and
WHEREAS: The minority community and the women
population are yet again left out of the workforce of these
questionable minority- designated companies.
NOW, THEREFORE, BE IT RESOLVED THAT:
The City of Buffalo, County of Erie, Joint School Construction
Board, Adelphia and all other governmental entities of public
projects where HUD and /or other public monies is utilized
seriously work toward encouraging "minority companies" to
diversify their workforce.
BE IT RESOLVED THAT:
We hold these quote, unquote "Minority- designated company
to the same standards of inclusiveness and diversity of
workforce that we hold non minority -owned companies.
BE IT FURTHER RESOLVED THAT
Copies of this resolution be sent to the Buffalo Urban League,
JSCB, Black Leadership Forum, Black Chamber of Commerce,
Minority Bar Association, Coalition of Black Trade Unionists,
Southern Christian Leadership Conference, City of Buffalo
Department of Public Works, Erie County Department of Public
Works, ECIDA, Buffalo /Niagara Partnership, and City of
Buffalo Office of Contract Compliance.
BE IT FINALLY RESOLVED THAT:
The above named departments of city government, and other
entities submit a written response regarding this resolution to
this honorable body no later than Tuesday, February 19, 2002.
ADOPTED
NO. 174
BY: MS. GRANT
BOND RESOLUTION
$4,370,000 BONDS
CITY -OWNED BUILDINGS - VARIOUS
ACCOUNT 3000 -32
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $4,370,000 General Improvement Bonds of
said City to finance the cost of the partial reconstruction of
various City -owned buildings, at the estimated maximum cost
of $4,370,000.
The Common Council of the City of Buffalo, in the County of
Erie, New York, hereby resolves (by the favorable vote of not
less than two - thirds of all the members of said Common
Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County
of Erie, New York (herein called "City "), is hereby authorized
and directed to issue General Improvement Bonds of said City
in the principal amount of Four Million Three Hundred Seventy
Thousand Dollars ($4,370,000), pursuant to the provisions of
the Charter of said City and the Local Finance Law, constituting
Chapter 33 -a of the Consolidated Laws of the State of New
York (the "Law ") to finance the cost of the partial reconstruction
of various City -owned buildings. The estimated maximum cost
of said specific objects or purposes for which the bonds
authorized by this resolution are to be issued, including
preliminary costs and costs incidental thereto and the financing
thereof, is $4,370,000, all as more particularly described in the
duly adopted Capital Improvements Budget of said City for
fiscal year 2002, as amended.
Section 2. The proceeds of the sale of the bonds authorized by
this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds, shall be deposited in the
Capital Projects Fund to the credit of the Department of Public
Works, Division of Buildings, "City -Owned Building- Various,
2002 ", Bond Authorization Account No. 3000 -32, and shall be
used for the purpose specified in Section I of this resolution.
Section 3. The City intends to finance, on an interim basis, the
costs or a portion of the costs of said improvements for which
bonds are herein authorized, which costs are reasonably
expected to be incurred by the City, pursuant to this Bond
Resolution, in the maximum amount of $4,370,000. This
resolution is a declaration of Official Intent adopted pursuant to
the requirements of Treasury Regulation Section 1. 150 -2.
Section 4. The following additional matters are hereby
determined and stated:
(a) The existing buildings are of Class "B" construction as
defined by Section 11.00 a. 11. (b) of the Law, and the period
of probable usefulness applicable to the class of objects or
purposes for which the bonds authorized by this resolution are
to be issued within the limitations of Section 11.00 a. 12.(a)(2)
of the Law, is fifteen (15) years.
(b) Current funds are not required by the Law to be provided as
a down payment prior to the issuance of the bonds authorized
by this resolution or any bond anticipation notes issued in
anticipation thereof in accordance with Section 107.00 d. 9. of
the Law.
Section 5. Each of the bonds authorized by this resolution and
any bond anticipation notes issued in anticipation of the sale of
said bonds and the renewals of said notes shall contain the
recital of validity as prescribed by Section 52.00 of the Local
Finance Law. Said bonds and said notes shall be general
obligations of the City of Buffalo payable as to both principal
and interest by a general tax upon all the taxable real property
within said City without limitation as to rate or amount. The faith
and credit of said City are hereby irrevocably pledged to the
punctual payment of the principal of and interest on said bonds
and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for
the amounts required for the amortization and redemption of
said bonds and said notes.
Section 6. The validity of the bonds authorized by this
resolution or any bond anticipation notes issued in anticipation
of the sale of said bonds, may be contested only if:
(a) such obligations are authorized for an object or
purpose for which the City of Buffalo is not authorized to
expend money, or
(b) the provisions of law which should be complied with
at the date of the publication of such resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity, is
commenced within twenty days after the date of such
publication, or
(c) such obligations are authorized in violation of the
provisions of the constitution.
Introduced:
LAID ON THE TABLE
NO. 175
BY: MRS. BETTY JEAN GRANT
FISCAL AUDIT - KEN - BAILEY COMMUNITY CENTER
WHEREAS: The University District Council Office
requested in November of 2000, the Commissioner of
Community Services to proceed with a fiscal audit of the
Kensington - Bailey Community Center involving CDBG years
24, 25 and 26; and
WHEREAS: That fiscal audit has yet to begin and
problems have been documented regarding fiscal
mismanagement, misappropriation of funds, and lines of
funding streams being co- mingled; and
WHEREAS: That there is no bookkeeper employed at
the Ken - Bailey Community Center to maintain the 'books' or to
ensure fiscal accountability.
NOW THEREFORE BE IT RESOLVED THAT:
The Comptroller's Office, BURA, Fiscal Control of Agencies
(FCA) and Buffalo Department of Community Services proceed
with the fiscal audit immediately.
BE IT FURTHER RESOLVED THAT:
A final copy of the audit is filed with this common council after it
is completed.
PASSED
AYES -13 NOES -0
NO. 176
BY: MRS. LOTEMPIO
HOME RULE MESSAGE - S. 1092; A.2149: SALE OF
BONDS AND NOTES
BY THE CITY OF BUFFALO
Whereas: There has been introduced in the New York State
Legislature
Senate Bill S. 1092 and Assembly Bill A.2149, "An act to
amend local finance law, in relation to the sale of bonds and
notes of the City of Buffalo; and
Whereas: The purpose of this Bill is to extend for
one year a funding mechanism used by the city for projects
requiring immediate
attention; and
Whereas: This Act amends Section 54.30 of the Local
Finance Law to extend the provisions of this section from June
30, 2001 to June 30, 2002;
Now Therefore, Be It Resolved: That the City of Buffalo hereby
requests the enactment into law of Senate Bill S.1092 and
Assembly Bill A.2149, "An Act to amend local finance law, in
relation to the sale of bonds and notes of the City of Buffalo ";
and
Be It Further Resolved: That the City Clerk is hereby authorized
and directed to certify passage of this resolution and to send
copies thereof to the Home Rule Counsel of the Senate and the
Assembly and to the members of the Western New York
delegation of the State Legislature.
ADOPTED
NO. 177
BY: MRS. LOTEMPIO, MR. BONIFACIO AND MR. FISHER
ORDINANCE AMENDMENT
CHAPTER 137- CODE ENFORCEMENT
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Section 137 -7 of Chapter 137 of the Code of the City of
Buffalo be amended to read as follows:
Initial Additional Maximum
Type of Violation Fine Penalty Penalty
Total
Class A $10.50 S10.50 $10.50
$31.50
[Sidewalks not cleaned of snow and ice,
Chapter 413, Streets and Sidewalks,
Article V111, Snow and Ice Removal,
§ 413 -50]
Initial Additional Maximum
Type of Violation Fine Penalty Penalty
Total
Class B $30.00 $30.00 $30.00
$90.00
Sidewalks not cleaned of snow and ice, Chapter 413, Streets
and Sidewalks, Article VIII, Snow and Ice Removal, first
violation, 413 -50
Initial Additional Maximum
Type of Violation Fine Penalty Penalty
Total
Class C $52.50 $52.50 $52.50
$157.50
Sidewalks not cleaned of snow and ice, Chapter 413, Streets
and Sidewalks, Article VIII, Snow and Ice Removal, second
violation, 413 -50
Initial Additional Maximum
Type of Violation Fine Penalty Penalty Total
Class E $105.00 $105.00 $105.00 $315.00
Sidewalks not cleaned of snow and ice, Chapter 413, Streets
and Sidewalks. Article VIII. Snow and Ice Removal. third and
subsequent violations, 413 -50
It is hereby certified, pursuant to Section 3 -19 of the Charter of
the City of Buffalo, that the immediate passage of the foregoing
ordinance is necessary.
APPROVED AS TO FORM
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE COMMISSIONER OF ADMINISTRATION
AND FINANCE Note: Matter in brackets to be deleted;
matter underlined is new.
NO. 178
BY. MRS. MARTINO,FONTANA
FUND IDENTIFICATION FOR DAMAGED PUBLIC AND
PRIVATE PROPERTY
Whereas. The City of Buffalo experienced excessive snowfall
during, the last week of 2001 with a total accumulation of six
(6) to seven (7) feet -, and
Whereas: Due to the excessive amount of snow, private
contractors using heavy equipment were hired by the City of
Buffalo to do snow removal -, and
Whereas Because of the type of equipment used and the
depth of the snow, severe damage was done to public and
private green spaces.
Now, Therefore, Be It Resolved -
That the Department of Administration and Finance and the
Public Works Department identify funding, and plans for the
repair of lawns damaged by plows during the snowstorm in the
last week of 2001. Funding shall include monies from dirt,
seed, labor and equipment to make the necessary repairs.
REFERRED TO THE COMMITTEE ON FINANCE , THE
COMMISSIONER OF PUBLIC WORKS AND THE
COMMISSIONER OF ADMINISTRATION AND FINANCE
NO. 179
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 Dr. Monroe Fordham, Reverend Marie Peacock
McClamb and Scholarship award
By Councilmember Pitts, Michaux
In Memoriam for Maryjane Arter
By Councilmember Fisher
ADOPTED.
NO. 180
BY ANTOINE THOMPSON
APPOINTMENTS COMMISSIONER OF DEEDS REQUIRED
FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES
That the following persons are hereby appointed as
Commissioner of deeds for the Term ending
December 31, 2002, conditional upon the persons so
appointed certifying under oath to their
qualifications and filing same with the City.
Tina Lopez
Linda Klubek
ADOPTED
NO. 181
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held
in Room 1417 City Hall, Buffalo, New York, unless otherwise
noted.
Regular Committees
Committee on Claims Tuesday, January
29, 2002 at 9:00 o'clock A.M.
Committee on Civil Service Tuesday, January 29, 2002 at 9:30
o'clock A.M.
Committee on Finance Tuesday, January
29, 2002 at 10:00 o'clock A.M.
following Civil Service
Committee on Legislation Tuesday, January
29, 2002 at 2:00 o'clock P.M.
Committee on Comm. Dev. Wednesday,
January 30, 2002 at 10:00 o'clock A.M.
Committee on Education Wednesday,
January 30, 2002 at 2:00 o'clock P.M.
Special Committees
Streets Services Monday, February 4, 2002 at
10:00 o'clock A.M.
(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. 182
ADJOURNMENT
On a motion by Mrs. LoTempio, Seconded by Mr. Davis the
Council adjourned at 4:35 pm
CHARLES L. MICHAUX, III
CITY CLERK