HomeMy WebLinkAbout02-0108-SS0102No. 1
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
January 8, 2002
SPECIAL SESSION
January 2, 2002
MAYOR
Hon. Anthony M. Masiello
COMPTROLLER
Anthony Nanula
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
James W. Pitts
PRESIDENT PRO TEMPORE
Richard A. Fontana
MAJORITY LEADER
Rosemarie Lo Tempio
COUNCILMEMBERS -AT -LARGE
Beverly Gray
Charlie A. Fisher III
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
MARC A. COPPOLA - DELAWARE
BRIAN C. DAVIS - ELLICOTT
DAVID A. FRANCZYK- FILLMORE
RICHARD A. FONTANA - LOVEJOY
ANTOINE M. THOMPSON - MASTEN
DOMINIC BONIFACIO - NIAGARA
JOSEPH GOLOMBEK JR. - NORTH
MARY M. MARTINO - SOUTH
BETTY JEAN GRANT - UNIVERSITY
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Marc Coppola,
Chairman, Charley H. Fisher III, Joseph Golombek Jr., Mary
Martino, Antoine Thompson- Members
CLAIMS COMMITTEE: Mary M. Martino, Chairman,
Marc A. Coppola, Brian C. Davis, Richard Fontana, Betty Jean
- Members
COMMUNITY DEVELOPMENT COMMITTEE: Antoine
Thompson, Interim Chairman, Dominic J. Bonifacio Jr. Brian C.
Davis, Joseph Golombek Jr., Beverly Gray, Rosemarie
LoTempio- Members
FINANCE COMMITTEE: Betty Jean Grant, Chairman,
Marc Coppola, Brian C. Davis, Charley H. Fisher III, David A.
Franczyk, Mary Martino- Members.
LEGISLATION COMMITTEE: Richard A. Fontana,
Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, Joseph
Golombek Jr., Betty Jean Grant, Rosemarie LoTempio,
Members
RULES COMMITTEE: James W. Pitts, Chairman
Charley H. Fisher III, Rosemarie LoTempio , Members
EDUCATION COMMITTEE: Charley H. Fisher III,
Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, David A.
Franczyk, Beverly Gray, Antoine Thompson; Members
SPECIAL COMMITTEES
TELECOMMUNICATIONS COMMITTEE: James W.
Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty
Jean Grant, Joseph Golombek Jr.; Members
BUDGET COMMITTEE: Rosemarie LoTempio,
Chairman, Richard Fontana, Mary M. Martino, James W. Pitts
ERIE BASIN MARINA LEASE COMMITTEE: James
W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr.,
Charley H. Fisher III, Joseph Golombek Jr.
POLICE REORGANIZATION COMMITTEE: Dominic J.
Bonifacio Jr., Chairman, Brian C. Davis, Richard Fontana,
David A. Franczyk, Mary Martino, Charley Fisher III.
CORPORATION
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, (JANUARY 8, 2002)
AT 2:00 P.M.
PRESENT - James W. Pitts President of the Council,
and and Council Members Bonifacio, , Coppola, Davis,
Fisher, Franczyk, Golombek Grant, Gray, LoTempio,
Martino, and Thompson - 12.
ABSENT — Fontana - 1
On a motion by Mrs. LoTempio, seconded by
Mr.Fisher, the minutes of the stated meeting held on
December 26, 2001 were approved.
FROM THE MAYOR
FROM THE MAYOR
NO. 1
APPOINT CALVIN G. WORTHY
COMMISSIONER OF FIRE
Pursuant to Article 14, section 14 -2 of the Charter of the City
of Buffalo, I hereby appoint Calvin G. Worthy, 99 William
Street, Buffalo, NY 14203 to the position of Commissioner of
Fire, effective January 1, 2002.
Mr. Worthy has been a professional firefighter in the City of
Buffalo since 1979 and has risen through the ranks to his
current position of Deputy Commissioner of Fire, which he has
held since 1996. Calvin is an outstanding individual who
possesses impeccable credentials for the position of
Commissioner of Fire.
As Deputy Commissioner, Mr. Worthy has worked at every
level of Fire Department Administration, overseeing daily
operations of the department and supervision of over 800
personnel; overseeing training and on -going staff development;
representing the department for public affairs -, and financial
management of a $45 million operating budget, Mr. Worthy
earned a Bachelor of Science degree in Fire
Administration /Management from the State University of New
York, Empire State College.
I believe that Calvin Worthy is extremely qualified for the
position of Commissioner of Fire, and I am proud to appoint
him to this position.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CORPORATION COUNSEL, THE DIVISION OF
COLLECTIONS AND THE COMPTROLLER
NO. 2
RE- APPOINTMENT OF COMMISSIONER
OF ADMINISTRATION & FINANCE
Pursuant to the powers vested in me by Section 5 -4 of
Article 5 of the Charter of the City of Buffalo, I hereby
re- appoint the following individual to serve as Commissioner of
Administration & Finance:
Eva M. Hassett 172 Ashland Avenue Buffalo 14222
1 hereby certify that that the above named individual is fully
qualified to serve as Commissioner of Administration and
Finance.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CORPORATION COUNSEL, THE DIVISION OF
COLLECTIONS AND THE COMPTROLLER
NO. 3
RE- APPOINTMENT OF COMMISSIONER
OF COMMUNITY SERVICES
Pursuant to the powers vested in me by Section 5 -4 of Article
5 of the Charter of the City of Buffalo, I hereby re- appoint the
following individual to serve as Commissioner of Community
Services:
Donald 0. Allen 232 Sycamore Buffalo
14204
1 hereby certify that that the above named individual is fully
qualified to serve as Commissioner of Community Services
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CORPORATION COUNSEL, THE DIVISION OF
COLLECTIONS AND THE COMPTROLLER
NO.4
RE- APPOINTMENT OF COMMISSIONER
OF PERMIT & INSPECTION SERVICES
Pursuant to the powers vested in me by Section 5 -4 of Article
5 of the Charter of the City of Buffalo, I hereby re- appoint the
following individual to serve as Commissioner of Permit &
Inspection Services:
Ray McGurn 48 Narragansett Road Buffalo
14220
PROCEEDINGS
I hereby certify that that the above named individual is fully
qualified to serve as Commissioner of Permit & Inspection
Services.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CORPORATION COUNSEL, THE DIVISION OF
COLLECTIONS AND THE COMPTROLLER
NO. 5
RE- APPOINTMENT OF COMMISSIONER OF POLICE
Pursuant to the powers vested in me by Section 5 -4 of Article
5 of the Charter of the City of Buffalo, I hereby re- appoint the
following individual to serve as Commissioner of Police:
Rocco J. Diina 391 Woodbridge
Avenue Buffalo 14214
I hereby certify that that the above named individual is fully
qualified to serve as Commissioner of Police.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CORPORATION COUNSEL, THE DIVISION OF
COLLECTIONS
NO. 6
RE- APPOINTMENT OF COMMISSIONER OF PUBLIC
WORKS, PARKS & STREETS
Pursuant to the powers vested in me by Section 5 -4 of Article
5 of the Charter of the City of Buffalo, I hereby re- appoint the
following individual to serve as Commissioner of Public Works,
Parks & Streets:
Joseph N. Giambra 58 Brantford Place Buffalo
14222
1 hereby certify that that the above named individual is fully
qualified to serve as Commissioner of Public Works, Parks &
Streets.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CORPORATION COPUNSEL, THE DIVISION OF
COLLECTIONS AND THE COMPTROLLER
NO. 7
RE- APPOINTMENT OF CORPORATION COUNSEL
Pursuant to the powers vested in me by Section 5 -4 of Article
5 of the Charter of the City of Buffalo, I hereby re- appoint the
following individual to serve as Corporation Counsel:
Michael Risman 109 Larchmont
Road Buffalo 14214
I hereby certify that that the above named individual is fully
qualified to serve as Corporation Counsel.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CORPORATION COUNSEL, THE: DIVISION OF
COLLECTIONS AND THE COMPTROLLER
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE BOARD OF PARKING
NO. 8
CONDEMNATION PROCEEDING
43 W. HURON AND 352 PEARL
At the Committee on Finance meeting of January 3, 2002, 1
was asked to provide cost estimates for alternative parking
solutions in the Main /Genesee area. The Parking Board looked
at four scenarios for solving the parking deficit in this area.
I. M & T employee parking lot (between Washington & Ellicott
at Chippewa St) Build a 1400 car (400 existing spaces and
1000 new spaces) parking ramp for a total estimated cost of
$21,000,000 ($14,877 per space)
The next three alternatives studies all involved the purchases of
the above stated two parcels. Two of the schemes involved
adding either one or two floors to the existing Augspurger ramp
to avoid having to go ten (10) stories on the new addition:
II Augspurger - a new 5 level horizontal ramp, plus one vertical
addition = 582 new spaces at a cost of $11,200,000 ($19,219
per space)
III. Augspurger - a new six level horizontal ramp, plus two
vertical additions 844 spaces at a cost of $15,211,491
($18,023 per space)
IV. A new free standing ramp adjacent to and connected to the
existing Augspurger
ramp:
8 levels - 675 cars at a cost of $11,261,692 ($16,684 per
space)
10 levels - 850 cars at a cost of $13,636,464 ($16,043 per
space)
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE CITY PLANNING BOARD
NO. 9
D. CAMPIERI
260 ALLEN ST.
CONVERSION TO NIGHTCLUB
ITEM NO. 70, C.C.P. 12/26/2001
The City Planning Board at its regular meeting held
Wednesday, January 2, 2002, considered the matter captioned
above pursuant to Section 511 -57 of the Buffalo Code, Allen
Street District.
The applicant seeks convert a former dry cleaner into a
nightclub at 260 Allen Street. Under SEQR the proposed
nightclub is considered an unlisted action which may be
studied through uncoordinated review.
The Planning Board voted to recommend denial of the
proposed nightclub due to the proximity of adjoining residential
properties.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 10
NEW ASIA MISSIONARY BAPTIST CHURCH C: 692 E.
UTICA ST.
ACCESSORY GROUND SIGN
ITEM NO. 68, C.C.P. 12/26/2001
The City Planning Board at its regular meeting held
Wednesday, January 2, 2002, considered the matter captioned
above pursuant to Section 387 -19 and 511 -12 of the Buffalo
Code, Application for billboard, ground or pole sign. permits
and IIR21 Dwelling district, respectively.
The applicant seeks to erect a 4'x6lx8l ground "ID" sign at 692
E. Utica Street which is located in a "R211 zoning district.
Under SEQR the proposed sign is considered an unlisted
action which may be studied through uncoordinated review.
The Planning Board has no objection to the proposed sign
provided that a landscaping component be added at the base of
the sign.
RECEIVED AND FILED
NO. 11
500 FUHRMANN BLVD., INC.
500 FUHRMANN BLVD.
141X48' BILLBOARD
ITEM NO. 72, C.C.P. 12/26/2001
The City Planning Board at its regular meeting held
Wednesday, January 2, 2002, considered the matter captioned
above pursuant to Section 387 -19, 511 -67 and 511 -104 of the
Buffalo Code, Application for Billboards, ground and pole sign
permits, Buffalo Coastal Special Review District and the Sign
General Standards, respectively.
The applicant seeks to erect a 141x481 illuminated billboard
sign at 500 Fuhrmann Boulevard. Under SEQR the propose
billboard is considered an unlisted action requiring
uncoordinated review.
The Planning Board voted to deny the proposed billboard
request because the location of the proposed billboard would
not meet the 10001 separation from existing billboard
structures and that any additional billboards along that portion
of roadway would create a saturation of structures that would
block existing visibility of some of Buffalo's heritage.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 12
R. ADAMSKI
29 KAIL ST. C: 1201 TELECOM UNICATION TOWER E:
ITEM NO. 97, C.C.P. 10/30/01
The City Planning Board at its regular meeting held
Wednesday, January 02, 2001, considered the matter
captioned above pursuant to Section 511 -158 of the Buffalo
Code, Restrict use permits, Telecommunications Towers.
The applicant seeks to erect a 1201 telecommunication tower
with 3 arrays of two 5111 antennas a "R211 zoning district
located at 29 Kail Street.
The Planning Board voted to receive and file the proposed
tower since the Common Council has also received and filed
this item at their December 26, 2001 meeting. The applicant is
working with the district Councilmember to find an alternative
site preferably an existing public building.
RECEIVED AND FILED
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 13
ACQUIRE PORTION OF 180 PERRY
MICHIGAN AVENUE BRIDGE PROJECT
MAP 10, PARCELS 13 & 14 - 975 SQ. FT.
The Department of Public Works requested the Division of
Real Estate to acquire the necessary parcels of land and
easements for purposes connected with the reconstruction of
Michigan Avenue and the bridge between Seneca and
Exchange Streets. Funds for this project were approved
pursuant to C.C.P. 9/22/98, Item #268.
The above parcels are a partial taking of 180 Perry, which is
vacant land owned by Graybar Electric Company, Inc., 180
Perry Street, Buffalo, New York 14204. Parcel 13 of Map 10 is
a proposed appropriation in fee along the northeast boundary of
Michigan and Perry (191 -sq. ft.). Parcel 14 of Map 10 is a
proposed appropriation in fee along the east boundary of
Michigan Avenue (784 -sq. ft.) for a total of 975 sq. ft. In
addition to the taking of land there are indirect damages to the
remainder of the parcel.
Two independent Real Estate Appraisers were commissioned
by the Dept. of Public Works and reviewed by the Appraisal
Review Board as follows:
Direct Damages - Land Value: $ 2,576.00
Direct Damages - Paving and Lawn: $ 500.00
Indirect Damages - Building Improvements: $26,40000
Total Direct and Indirect Damages: $29,476.00 Rounded
$29,500
In 1959 the City of Buffalo deeded a parcel of land 27x 375' to
Graybar Electric and retained an option to re- acquire the parcel
for public purposes, at the same price paid to the City or any
portion thereof on a prorated basis. Parcels 13 & 14 are part of
this parcel.
Graybar has proposed to deed Parcels 13 & 14 to the City for
One Dollar and forego any claims for direct or indirect
damages, if the City will give up its rights, title and interest to
the remaining parcel acquired by Graybar in 1959.
The Department of Public Works has no objections to the
Graybar proposal.
Therefore, I am recommending that Your Honorable Body
accept the above - mentioned proposal from Graybar. I am
further recommending that the Corporation Counsel be
authorized to prepare the necessary agreements for the
acquisition of Parcel 13 and 14 of Map 10 for One Dollar,
prepare a quit claim deed from the City to Graybar for the
remaining parcel as full settlement for all direct and indirect
damages; and that the Mayor be authorized to executed the
agreements.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Strategic Planning dated December 31, 2001 be received and
filed; and
That the Common Council does hereby accept the proposal to
acquire from Graybar Electric Company, Inc., Parcel 13 of Map
10, a proposed appropriation in fee along the northeast
boundary of Michigan and Perry (191 sq. fl.) and Parcel 1.4 of
Map 10, a proposed appropriation in fee along the east
boundary of Michigan Avenue (784 sq. ft.) for a total of 975 sq.
for One Dollar ($1.00) for the reconstruction of Michigan
Avenue and the bridge between Seneca and Exchange Streets.
That the Corporation Counsel be authorized to prepare the quit
claim deed and necessary agreements for the acquisitions and
that the Mayor be authorized to execute the agreements.
PASSED
AYES -12 NOES -0
NO. 14
CITY OF BUFFALO REQUESTING
A PERMANENT(UTILITY EASEMENT
FOR 331 DEPEW)
The Office of Strategic Planning, Division of Real Estate, has
received a request from the Parks Division to obtain an
easement agreement -to allow the City to run a utility line
underground on privately owned property located at 331
Depew.
The Division of Parks is constructing an ornamental fountain at
Burke's Green, a triangular park at Depew, Beard and Wesley.
In order to provide electric service to the project they need to
run a line underground from the closest Niagara Mohawk pole,
which is located on private property at 331 Depew. Therefore,
the Park's Division is requesting to obtain a Permanent utility
easement with the owner's of 331 Depew (Arnold and Joanne
Kahn). The owners have indicated that they are willing to
provide the easement. The agreement will be for one Dollar
($1.00) no more. Attached is a drawing showing the location of
the proposed underground electric service.
This office is recommending that Your Honorable Body approve
this easement agreement. I am further requesting Your
Honorable Body to authorize the Corporation Counsel to
prepare the easement agreement and that the Mayor be
authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 15
FEDERALLY FUNDED LOAN PROGRAMS -
LEAD BASED PAINT REGULATIONS
Attached for your information, please find a copy of a
memorandum sent to Robert Krieger, Rehabilitation
Construction Analyst, regarding the status of contract
participation in federally- funded loan programs as of January
10, 2002.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 16
"RECONSTRUCTION OF FRUITBELT COMMUNITY
CENTER"
ITEM NO. 144, CCP 12/26/01
Pursuant to section 41.00 (b) of the Local Finance Law, any
adopted resolution shall be deemed repealed ten (10) years
after the date it became effective.
On June 6,1991, "Reconstruction of Fruitbelt Community
Center ($235,000)" was adopted. Accordingly, as per Local
Finance Law, on June 6, 2001, it was repealed.
Funds have never been loaned or sold for this capital budget
item. Therefore, no funding exists to be "released ".
To be included within the approved 5 -Year Capital Budget, it
must adhere to Article 20 (C), Section 28 of the City Charter.
RECEIVED AND FILED
MR. FONTANA TOOK HIS SEAT AT 2:10 P.M.
NO. 17
RESULTS OF NEGOTIATIONS
1328 JEFFERSON (PARKING LOT)
LOT SIZE: 30'X 92'
TOTAL ASSESSED VALUE: $2,800
302 EAST UTICA (PARKING LOT)
LOT SIZE: 32; X 98'
TOTAL ASSESSED VALUE: $2,400
ITEM NO. 162, C.C.P. 11/12/97
In the above referenced item Your Honorable Body
authorized funding for the acquisition of land for the
construction of a library at the corner of Jefferson Avenue and
East Utica.
The Division of Real Estate has reached an agreement with the
Word of Faith Church owner of 1328 Jefferson (a 30' x 90'
parking lot) and 302 East Utica (a 32' x 98' parking lot). These
two parcels are needed to complete the land acquisitions for
the library project.
The City of Buffalo and the Church have agreed to the following
terms:
1. The City of Buffalo will acquire title to 1314 & 1316 Jefferson
and exchange them for the Church's property at 1328
Jefferson and 302 East Utica.
2. The City will provide the funding for the demolition of the
garage at 1316 Jefferson and reimburse the Church for the
construction of a paved parking lot at 1314 & 1316 Jefferson
Avenue to replace parking lost by the Church as a result of the
exchange.
3. The City of Buffalo will pay all closing costs associated with
the transfer of title for the Church property, except legal costs.
The Division of Real Estate has reached agreement with the
owners of 1314 Jefferson, Catherine
C. Chapman & Margo E. Chapman to acquire their property in
the amount of Two Thousand Dollars ($2,000.00). The
property was appraised by Richard A. Bronstein in the amount
of Two Thousand Dollars ($2,000.00).
Margo E. Chapman has also agreed to sell her property at
1316 Jefferson in the amount of Twenty -One Thousand Dollars
($21,000.00). The property was appraised by Richard
Bronstein in the amount of Twenty -One Thousand Dollars
($21,000.00).
The Appraisal Review Board has received the above mentioned
appraisals and recommends the values established by the
appraiser as just compensation in the amount of Twenty -Three
Thousand Dollars ($23,000.00).
1 am recommending that Your Honorable Body authorize the
following:
A.) Acquisition of 1314 Jefferson from Catherine C. Chapman
& Margo E. Chapman in the amount of Two Thousand Dollars
($2,000.00).
B.) Acquisition of 1316 Jefferson from Margo E. Chapman in
the amount of Twenty -One Thousand Dollars ($21,000.00).
C.) The exchange of 1314 & 1316 Jefferson for the property at
1328 Jefferson and 302 East Utica, owned by Word of Faith
Church.
I am further recommending that the Corporation Counsel
prepare the necessary documents for the acquisition and
exchange of the aforementioned parcels and that the Mayor be
authorized to execute the same.
Mrs. LoTempio Moved: That the Division of Real Estate be and
hereby is authorized to acquire 1314 Jefferson from Catherine
Chapman and Margo Chapman in the amount of Two
Thousand Dollars ($2,000.00) acquire 1316 Jefferson from
Margo Chapman in the amount of Twenty -One Thousand
Dollars ($21,000.00) and exchange 1314 and 1316 Jefferson
for the property at 1328 Jefferson and 302 East Utica, owned
by Word of Faith Church and That the Corporation Counsel is
hereby authorized to prepare the necessary documents for the
acquisition and exchange of the aforementioned parcels and
that the Mayor be authorized to execute the same.
PASSED
AYES -13 NOES- 0
NO. 18
UTILITY EASEMENT AGREEMENT
NIAGARA MOHAWK POWER CORPORATION
FOR USE OF 1823 FILLMORE -
CAMPUS EAST
The Office of Strategic Planning, Division of Real Estate, has
received the attached easement agreement from Niagara
Mohawk Power Corporation for use of city owned property
located at 1823 Fillmore. They are requesting a utility easement
for property as described in the attached proposed easement
"Exhibit A ".
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.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Strategic Planning dated December 20, 2001 be received and
filed; and
That the Director of Real Estate be, and he hereby is
authorized to enter into an easement agreement with Niagara
Mohawk Power Corporation for use of city -owned property
located at 1823 Fillmore Avenue. That the Corporation Counsel
be authorized to review this agreement for approval as to form
and that the Mayor be authorized to execute the agreements.
PASSED
AYES -13 NOES -0
FROM THE COMPTROLLER
NO. 19
CREATION OF REGIONAL AUTHORITY
The time is at hand for very serious debate on regional
objectives aimed at better employing the strengths of local
municipalities and reducing the costs of government across a
broad front. There has been much talk and little action on
regionalism up until now, and I believe the time has come to
change that course and tackle regionalism issues head on.
With that in mind, I am recommending a series of initiatives
(see attachment) that I believe, if implemented, would go a long
way toward encouraging substantive regional cooperation. A
first priority would be the creation of a regional authority to
collect and distribute revenues to entities that are providing
countywide services. This regional authority would also fund
and help to streamline economic development efforts through a
new super county IDA. It is my belief that the core of a
sincere regionalism effort is a master land use plan, to help
determine where to focus various economic development
centers.
Clearly, the need to address Buffalo's fiscal problems are an
important part of this effort, and I've included several proposals
that I have recently introduced to help bring the city's budget
into balance. Buffalo must show the way by making tough
decisions, but unless there is recognition beyond the city of the
need for regional thinking, Buffalo's efforts will be in vain and
the entire region Will Suffer.
Thank you for your attention on this very important matter, and I
encourage your participation in the discussion and in the
ultimate planning and success of this endeavor. We must
succeed to guarantee the economic viability of this region for
generations to come.
REFERRED TO THE SPECIAL COMMITTEE ON
REGIONAL GOVERNANCE
No. 20
PROPOSED DRAFT POLICY CHANGES
Attached is the Memo outlining the Proposed Policy
Changes being considered by the Administration and
Comptroller.
If you have any questions, please give me a call.
COPY AVAILABLE IN CITY CLERK OFFICE
REFERRED TO THE COMMITTEE ON BUDGET
NO. 21
Appointment- Buffalo Place Board of
Directors
I am hereby appointing Councilmember Brian Davis to serve
on the Board of Directors of Buffalo Place.
Councilmember Davis has a permanent seat on the Board as
the Ellicott District Councilmember.
RECEIVED AND FILED
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS
AND STREETS
NO. 22
Reduction in Retention
Hertel Avenue
Contract #92010207
Hartford Paving Corp.
I hereby submit to your Honorable Body the following request
for a reduction retention for the subject project. This project is
85% complete to date and the last phase should be finished by
early summer. Therefore, I am requesting your Honorable
Body's authorization to reduce the retention on this contract to
$300,000.00. It is the opinion of our Consulting Engineer and
this Department that the retention proposed is sufficient to
guarantee completion of this contract in the summer of 2002. It
is respectfully requested, and I hereby recommend, that your
Honorable Body authorize a reduction in retention from
$600,972.44 to $300,000 to Hartford Paving Corporation.
Mrs. LoTempio Moved:
That the above communication from the Commissioner of
Public Works, Parks and Streets dated January 2, 2002, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be,
and he hereby is authorized to reduce the retention on Hertel
Avenue to Hartford Paving Corp., Contract #92010207 from
$600,972.44 to $300,000.00.
Passed
AYES -13- NOES -0
FROM THE COMMISSIONER OF PERMIT & INSPECTION
SERVICES
No. 23
Fisher -IUOE- Req. Cert. Payrolls from City Demo Projects
(Item No. 8 1. C.C.P. 4/3/2001
1 am in receipt of the above stated Common Council
Communication and wish to supply your Honorable Body with
the following information. We in the Department of Permit and
Inspection Services have established a method to allow access
to our records. As of this writing, Mr. Gerald H. Franz Jr. has
made at least two separate visits to our office and has been
provided with all resources to complete their tasks and inquiries
in conformance with the Freedom of Information Act. We will
continue to work with the International Union of Operating
Engineers to monitor the prevailing wage issue. It is my sincere
hope that this response satisfies your inquiry.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 24
Second Hand Dealer
51 Rhode Island
Pursuant to Chapter 254 of the City of Buffalo Ordinances,
please be advised that I have examined the attached
application for a Second Hand Dealer License located 51
Rhode Island and rind that as to form it is correct. I have
caused an investigation into the premises for which said
application for a second hand dealer license is being sought
and according to the attached reports from the Zoning Office,
Fire Department and Building Inspections, I find it complies
with all regulations and other applicable laws. I have caused
and investigation by the Police Department into the moral
character of Manuel Diaz. The attached thereto for Manuel
Diaz d /b /a YiYi's Auto Repair. This request is submitted for
your approval or whatever action you deem appropriate.
Mrs. LoTempio Moved:
That the above communication from the Commissioner of
Permit and Inspection Services dated January 3, 2002 be
received and filed; and
That pursuant to Chapter 254 of the City Code, the
Commissioner of Permit & Inspection Services be, and he
hereby is authorized to grant a Second Hand Dealer license to
Manuel Diaz, d /b /a YiYi's Auto Repair.
Passed.
AYES -13- NOES -0
FROM THE COMMISSIONER OF COMMUNITY SERVICES
No. 25
Request Permission to enter into lease with Central Park
Plaza Management to relocate Fillmore -Leroy Counseling
Clinic
We are requesting permission to enter into a lease between
the City of Buffalo Division of Substance Abuse Services and
Central Park Plaza Management in order to relocate our
Fillmore -Leroy Counseling Clinic to a storefront located in the
Central Park Plaza at the former Planned Parenthood site. This
is a three year lease at a cost of $15,000 per year. The lease is
terminable on a 60 days notice.
The Fillmore -Leroy clinic is currently located at 2255 Fillmore
Avenue on the corner of Fillmore and Victoria Street. The New
York State Office of Alcoholism and Substance Abuse
Services, of which whom we are licensed and receive funding
from, has issued a directive to move this clinic as soon as
possible. The physical conditions at the present location are
substandard at best and the site is unsuitable for treating the
residents of this community.
The newly proposed site is equipped with most of the
necessities to operate. The site is in need of some minor
renovations. The Central Park Plaza Management agrees to
make these renovations, which will take approximately 30 days
to complete.
Hopefully, with the approval of the Common Council, the
Fillmore -Leroy Counseling Clinic can move as soon as the
renovations are completed and sanctioned by the New York
State Office of Alcoholism and Substance Abuse Services,
The Fillmore -Leroy Clinic, will remain in the Fillmore -Leroy
area, continuing to service the residents of this community in a
clean, aesthetic environment.
REFERRED TO THE COMMITTEE ON FINANCE
Ia: l6] Lrilr9: I 1 .1-111610 ki1:1 *16111:191*1
NO. 26
"C. Fisher -A. Osourah- Concerns Treatment as Employee"
(#41 CC P 12/11/01)
Arthur Osourah was laid off from City employment on
November 2, 2001. He was provisionally appointed in the
Department of Public Works, Parks and Streets. A provisional
appointee may be terminated from a provisional appointment
at any time.
The Department of Human Resources offered Mr. Osourah
outplacement services following his layoff from employment,
He sent the mail back to Human Resources indicating he did
not want any help from the City or the Department of Human
Resources
Mr. Osourah has never filed a discrimination or harassment
complaint with the Department of Human Resources or the
former Division of Labor Relations.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 27
Information on Status of Appointments
In response to your letter of December 20, 200 1, be advised
of the following
Seasonal appointment is for the duration of a 'season' from
three months up to a maximum of 9 months, without a break in
service.
Temporary /Provisional appointment - please refer to Rule 16
(3,4) of the Rules for the Classified Civil Service of the City of
Buffalo.
Permanent appointment - please refer to Rule 17 (1 ) of the
Rules for the Classified Civil Service of the City of Buffalo.
Seasonal, Temporary, Provisional employees [lave no rights to
the position of which they are holding in this status.
Permanent employees are governed by the Rules for the
Classified Civil Service of the City of Buffalo and NYS Law as it
applies to their individual status.
Hiring is governed by the Rules for tile Classified Civil Service
of tile City of Buffalo and NYS Law as it relates to the type of
appointment, however, the employee is hired by the appointing
authority of the respective department.
Firing is governed by Section 75 of the NYS Law as well as
the collective bargaining applicable).
Bumping rights (apply to permanent employees only) are
governed by Rules for the Classified Civil Service of the City of
Buffalo and NYS Law and apply to employees' retention rights
as they relate to their individual status.
Bidding rights are governed by the collective bargaining Unit
agreements. January 2, 2001
If you have any questions or are in need of further clarification,
please contact me.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Sincerely,
NO. 28
Residency Officer
Status Update
Please be advised that subsequent to my previous update of
November 16, 2001, the following progress has been made:
A. Charges have now been filed on four (4) individuals
regarding residency.
B. There are also thirteen (13) other cases pending
further investigation.
C. My next update will be submitted on 02/15/02. If
any member of the Council has any questions, please feel free
to contact me, Frank Rossi, at 851 -5415.
REFERRED TO THE COMMITTEE
FROM THE COMMISSION ON CITIZENS RIGHTS AND
COMMUNITY
RELATIONS
NO. 29
B. Williams - C. Pellam - Concerns - Police Officers
Item #71 - CCP Sept. 18, 2001
In response to your request for review of Item #7 1, CCP
Sept 18, 200 1, "B. Williams - C. Pellam - Concerns - Police
Officers ", the Commission on Citizens' Rights and Community
Relations has prepared the following response:
Correspondence sent to complainant on 10/18/01 and received
no response.
A form letter sent to the Police Department requesting nature
on conclusion of investigation.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE
REORGANIZATION
FROM THE CITY CLERK
NO. 30
DISPOSITION OF RECORDS
Attached please find the following disposition of records
from the following departments:
Assessment
Public Works, Parks & Streets
MIS
Common Council
Community Services
RECEIVED AND FILED.
NO. 31
AUTO ALLOWANCE
I transmit herewith certificates of auto allowance submitted
for the following individuals in the various departments listed
below:
Common Council -Brian C. Davis & David A. Franczyk
RECEIVED AND FILED.
NO. 32
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
1432 Genesee St D -J's Bar
Maryanne Herr
RECEIVED AND FILED
No. 33
Leaves of Absence Without Pay
I transmit herewith notifications received by me, reporting the
granting of the leaves of absence without pay, in the various
departments as listed:
Police- Jimmie Adams
RECEIVED AND FILED.
No. 34
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:
City Planning Board
RECEIVED AND FILED.
No. 35
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) .
Certificate of Appointment
Appointment Effective: December 21, 2001 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
John S. Meegan
137 Eden Street Buffalo 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NON - OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
NON - OFFICIAL COMMUNICATIONS
NO. 36
OVER ASSESSMENT
Vacant housing in Buffalo increased from 15,550 units in
1990 to 22,854 vacant units in April 2000. At an average
increase of about 700 vacancies annually since 1990, the
vacancy total now likely exceeds 24,000. Vacant lots have also
increased dramatically, now exceeding 11,000. No current data
is available, but in May 1999, the city owned 3,43 3 vacant lots .
and many more now.
For example: 1999 currently
City owned lots: Sweet St. 15 ( +4
West Ave 10 ( +1
That constitutes a 200% increase in city lots in 2 years on
these two streets.
In addition, there are about 8,000 privately owned lots citywide.
The city has proposed demolishing 22.000 housing units over a
decade at a cost of $76 million, which would likely create
another 8,000 vacant lots.
WE ARE LOSING THE BATTLE.. Despite the $2 million
contract with GAR Associates to correct assessments
citywide, every week low income housing sells far below new
assessed values. On the West Side, perhaps, Buffalo's fastest
declining area, each week sales under $50,000 average less
than half of new GAR value Last week (Dec. 17 -21), West Side
sales under $50,000 averaged a mere 21 % of new assessed
values.
And vacant lots routinely sell at 10% to 25% of assessed value,
if they sell at all. The city "homesteaded" a mere 100 lots to
adjacent owners last year, as demolitions likely added several
hundred new vacant lots to the city's inventory. Realistically,
most vacant lots are virtually worthless & cannot be given away.
But in addition to taxes averaging $50 to $75, there is a
garbage fee of about $90. It constitutes "taxing lack- of value ",
& is possibly unconstitutional.
In addition, an estimated 10,000 to 25,000 low- income owners
are assessed $10,000, or more, above what they could sell
their houses for. Plummeting values in many neighborhoods
results in loss of equity of $3,000 to $5,000 annually.
GAR Associates has established unrealistic values in poor
neighborhoods because they refuse to factor in the very
distress that is destroying those areas. And they have not
addressed the dramatic loss of value of land in many Buffalo
neighborhoods, creating absurd results. Examples: V
Controversial Houston investor Scott Wizig got 80%
assessment reductions on most of his 380 purchases. Often
his assessed value is the same as "land value'. leaving no
value for the building. Houses adjacent to Wizig houses, in
worse condition, are often assessed 10 times more. 348
Baynes, Assessed $45000 (reduced from $70K) just sold for
$2,500, Its "land value" is $6800! City -owned vacant lot, 225
Baynes (assess. $5600) & privately owned 228 Baynes
(assess $4900) are both virtually worthless .. - evidenced by
225 Baynes being surrendered to the city. Sharply declining
values coupled with inflated assessments create higher'real'
taxes in poor areas than in more affluent ones, killing the
creative risk - taking investment which we desperately need And
inflated assessments cover -up a much worse tax -base crisis
than we admit, permitting a destructive status quo to continue
While alleging that vacant land is assessed correctly there is
no sales data available showing how values on vacant lots are
established. Nor how value of land under houses is determined
Concerned low- income owners are denied reliable data to
establish likely value of their home "Recent Sales" data shows
all transactions over time on a street, dramatically showing
neighborhood conditions, especially distress destroying values.
Instead, the city provides only so- called "valid sales" data,
which often lists sales of ever - growing numbers of scammers
as "valid ". Scams drive up assessed values while destroying
real values, speeding decline .Without realistic assessments in
declining poor neighborhoods, factoring for distress, our
downward spiral cannot be reversed
WEBSITE. www.kernwatch.com email: Kernwatch,(V)
AOL.com
RECEIVED AND FILED
NO. 37
County Property Tax Rate for the City of Buffalo
Various reports and newspaper articles have given incorrect
figures for the increase in the County Property Tax Rate. For
the record, the Full County Tax Rate for the City of Buffalo has
increased 10.54 %. Attached please find the supporting details.
COPIES AVAILABLE IN CITY CLERKS OFFICE
REFERRED TO THE COMMITTEE ON FINANCE, THE
DIRECTOR OF ASSESSMENT AND TAXATION, THE
COMMISSIONER OF ADMINISTRATION AND FINANCE,
THE ERIE COUNTY BUDGET DIRECTOR AND GARR
ASSOCIATES
NO. 38
Statement to New York State Assembly Committee on the
Upstate Economy
As a City Councilmember for Buffalo, New York and a
representative for one of the largest council districts in Upstate
New York that comprises African - Americans, I am deeply
concerned about current local and state economic development
programs and initiatives. Hopefully, you will take the following
recommendations and opinions into consideration as you
formulate your strategy to jumpstart the Upstate Economy.
Currently Empire State Development, New York State's primary
economic development has not provided adequate levels of
aggressive outreach and services including, lending, grants
and technical assistance to African - American, minority and
women -owned businesses located in the Masten District and /or
the City of Buffalo. This trend by the state authorized entities
like Empire State Development and the Erie County Industrial
Development Agency contributes to the reality of Western New
York being labeled as one of the WORST PLACES IN
AMERICA, for Affican- Amenicans, minorities and women to do
business. Buffalo's leading publication for entrepreneurs
Business First, reported in its August 6, 2001 edition that the
two - county Buffalo area is rated 174t' in nation, eighth from the
bottom for places for Aftican- American, minority and women
opportunities in business. The report was consistent with
findings by the US Chamber of Commerce, and Ebony
Magazine.
The Upstate Economy and Buffalo in particular will not rebound
evenly if large segments of the community are excluded from
an economic recovery plan. The state must provide the
leadership for minority and women business development
opportunities in Western
New York. Growing black, minority, and women businesses is
a great public policy issue to support because they contribute
to growing payroll, property, sales, and income tax revenues in
New York State. Nationally, women and people of color are the
fastest growing groups of entrepreneurs and the local
economic development policies and initiatives should reflect
national trends.
I offer the following recommendations to you for consideration:
1) New York State provide small business
development grants for minority and women businesses in
Buffalo to help spawn their growth in WNY
2) New York State provide Fagade
improvement grants for minority and women businesses
located in neighborhood commercial business districts
3) New York State provide mall business
loans with relaxed regulations for minority and women
businesses with a pool of funds of $20 million over the next
four years
4) Mandate that Empire State Development
and Erie County Industrial Development Agency substantially
increase lending and funding support for minority and
women -owned businesses in Buffalo.
Thank you for your time and consideration. If you have any
questions, please feel to call me at (716) 851 -5145.
REFERRED TO THE SPECIAL COMMITTEE ON MINORITY
BUSINESS ENTERPRISE COMMITTEE
:J =11
NO. 39
B. BAUMKER, AGENT, USE 736 E. DELAVAN FOR
ILLUMINATED WALL SIGNS /POLE SIGN.
(HRG. 1/15)
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. 40
Status /Update COB EEO /Affirms. Action Plan (Com. Svs.)
(CCP #65 -Oct. 30, 01)
That the above item be and the same hereby is referred to
the Special Commit -tee on Minority Business Enterprise.
ADOPTED
NO. 41
Appeal NYS Civ. Svs's Ruling -Inc. Bd of Ed, BSA & BMHA
(CCP #184 -Apr. 6, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 42
Appointment
Supv. Auditor (Inter) ( Compt.)
(Item No. 12- C.C.P. Oct. 16, 200 1)
That Communication 12, Oct. 16, 2001 be received and filed
and the temporary promotion of John Misso stated above at the
intermediate salary of $45,170 effective on October 2, 2001 is
hereby approved.
PASSED
AYES -13- NOES -0
NO. 43
Appt. -Supv. Auditor (Inter) ( Compt)
(CCP #27 -Oct. 30, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 44
Appointment
Bldg. Inspector (Inter) (Permits)
(Item No. 47- C.C.P. Dec 26, 2001)
That Communication 47, Dec. 26, 2001 be received and
filed and the appointment of Ronald T. Collins stated above at
the intermediate salary of $40,838 effective on December 11,
2001 is hereby approved.
PASSED
AYES -13- NOES -0
NO. 46
Appointment
Bldg. Inspector (Max) (Permits)
(Item No. 48- C.C.P. Dec. 26, 2001)
That Communication 48, Dec. 26, 2001 be received and filed
and the permanent appointment of Steven Pieri stated above at
the maximum salary of $43,809 effective on December 11,
2001 is hereby approved.
PASSED
AYES - 13 - NOES - 0
No. 46
Notices of Appointments - Temp. /Prov. /Perm. (C.Clk)
(CCP #57- Dec.26,2001)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 47
Notices of Appointments - Temp. /Prov.Perm. (C.Clerk)
( #67, 11/13)
(CCP #80 -Dec. 26,2001)
That the above item be and the same hereby is received and
filed.
ADOPTED
Finance
(Betty Jean Grant, Chairperson)
No. 48
Req. Dev. Comprehensive Street Cleaning Plan (# 192,
1/23)
(CCP #133 -Mar. 6, 01)
That the above item be and the same hereby is referred to
the Special Committee on
Streets Services.
ADOPTED
No. 49
Req.Dev. Comprehensive Street Cleaning Plan ( #34, 2/20)
(CCP #134 -Mar. 6,01)
That the above item be and the same hereby is referred to
the Special Committee on Streets Service.
ADOPTED
No. 50
Assignment - Manual Street Sweeper /Cleaner (Laborer) (#
181,2/20)
(CCP #137 -Mar. 6, 01)
That the above item be and the same hereby is referred to
the Special Committee on Streets Services.
ADOPTED
NO. 51
Assign -Man. Str. Sweeper /Cleaner (Laborer) (PW)
(CCP #27 -Mar. 20, 01)
That the above item be and the same hereby is referred to the
Special Committee on Streets Services.
ADOPTED
No. 52
Abandonment and Sale of Booth Alley, Negotiations of
(Item No. 11, C.C.P., Dec. 26, 200 1)
That the Director of Real Estate enter into negotiations with
Mr. Edward Flammer of Bates Jackson, Inc., for the purchase
of a portion of Booth Alley 45' x I V and report back to the
Common Council the results of negotiations before the final
abandonment and closing can take place.
Passed
AYES - 13 - NOES - 0
No. 51
Renew Lease - The Massachusetts Avenue Project, Inc. -
378 Massachusetts Avenue
(Item No. 13, C.C.P., Dec. 26, 200 1)
That the Executive Director of Strategic Planning be, and he
hereby is authorized to renew the lease between the City and
the Massachusetts Avenue Project, Inc., for use of city -owned
property located at 378 Massachusetts Avenue, excluding the
pool area and dressing room for an additional two (2) year
period to commence on January 2, 2002 and expire December
31, 2003, under the same terms and conditions as the previous
lease. That the Corporation Counsel be, and he hereby is
authorized to prepare the necessary documents to renew said
lease and that the Mayor be authorized to execute the same.
Passed.
AYES - 13 - NOES - 0
NO. 53
Renew Lease - The Massachusetts Avenue Project, Inc. -
378 Massachusetts Avenue
(Item No. 13. CCP Dec. 26, 2001)
That the Executive Director of Strategic Planning be, and he
hereby is authorized to renew the lease between the City and
the Massachusetts Avenue project, Inc., for use of city -owned
property located at 378 Massachusetts Avenue, excluding the
pool area and dressing room for an additional two (2) year
period to commence on January 2, 2002 and expire December
31, 2003, under the same terms and conditions as the previous
lease. That the Corporation Counsel be, and he hereby is
authorized to prepare the necessary documents to renew said
lease and that the Mayor be authorized to execute the same.
PASSED
AYES -13- NOES -0
NO. 54
Results of Negotiations - 1721 Genesee Street
(Item No. 14, C.C.P., Dec. 26, 200 1)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mrs. Grant Moved: That the offer from Pastor Nancie L.
Gravely of St. Mark Full Gospel Church, 908 Jefferson Avenue,
in the sum of Three Thousand and One Hundred Dollars
($3,100.00) for the sale of 1721 Genesee Street, be and he
hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be paid
by the purchaser; and
That the transfer tax, recording fees and cost of legal
description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the
necessary documents for the transfer of title and that the Mayor
be authorized to execute the same, in accordance with the
terms of sale upon which the offer was submitted.
Passed.
AYES -13- NOES -0
NO. 56
Waive Permit Fees St. Louis R.C. Church
(CCP #146 -Dec. 26, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 57
Selling of Capital Bonds Masten Dist. Proj. (Compt.)
( #101,11/13) ( #221, 9/19) ( #121,9/18) ( #132,4/17161,12 /26)
(CCP #86 -Dec. 26,2001)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 58
Masten Park Field House
(Item No. 53, C.C.P., Oct. 30, 200 1)
(Item No. 93, C. C.P., Dec. 26, 200 1)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mrs. Grant moved that the above item be recommitted to the
Committee on Finance.
ADOPTED
NO. 59
Perm. Hire Const. Mgr. -N. Jefferson Library ( #80,12/1
1)( #22
(CCP #97 -Dec. 26, 01)
That the above item be and the same hereby is referred to the
Special Committee on Budget.
ADOPTED
Legislation
(Richard A. Fontana, Chairman)
NO. 60
L. Bland, Petition to use 692 E. Utica - Pole Sign
(Item No. 68, 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 L. Bland, agent,
for permission to use 692 E. Utica Street for a pole sign be,
and hereby is approved.
Passed.
No. 61
B. Baumker, Petition to use 39 E. Parade Circle - Pole
Sign
(Item No. 52, C.C.P., Dec. 11, 2001)
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 December 18, 2001, the petition of B. Baumker,
agent, for permission to use 39 E. Parade Circle for an
illuminated pole sign be, and hereby is approved.
Passed.
AYES -13- NOES -0
No. 62
B. Williams -D. Bobinchek- Concerns -Veh. Etc.
Safety-Washington/Goodell
(CCP #77 -Oct. 16, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 63
Establishing "Speed Zones" Around Schools Located in
COB
(CCP #I 15 -Dec. 11, 0 1)
That the above item be and the same hereby is referred to
the Special Committee on Budget.
ADOPTED
No. 64
Est. Speed Zones Around Schools (PW)
(CCP #35 -Dec. 26, 01)
That the above item be and the same hereby is referred to
the Special Committee on Budget.
ADOPTED
No. 65
C. Fisher -Z. Jackson -Req. Pay. Pkg. Lot -342 E. Delavan
(CCP#42 -Dec. 11, 0 1)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 66
Paving of Private Lot -342 E. Delavan Avenue (PW)
(CCP #36 -Dec. 26, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 67
C. Fisher -Z. Jackson -Req. Pay. Pkg. Lot -342 Delavan (Zn
Bd)
(CCP#49 -Dec. 26, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 68
Disch. Pol. Reorg. #127 - 11/13/01 -C. Fisher -D.
Hill- Wakefield Ave. Blk. -Req. Signs
(CCP# 114 -Dec. 11, 0 1)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 69
C. Fisher -M. Edwards -Req.
Assistance -Deli- Weston /Easton (Permits)
(CCP#42 -Dec. 26, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 70
W. Jones - Concerns -Fire Dept. (Cit Rts)
(CCP #51 -Dec. 26, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 71
Notification Serial 49362 -68 (PW) ( #38,10/30)
(CCP# 111 -Dec. 26, 0 1)
That the above item be and the same hereby is received and
filed.
ADOPTED
No. 72
Notification Serial #9376 -9385 (PW) ( #37,11/13)
(CCP# 112 -Dec. 26, 0 1)
That the above item be and the same hereby is received and
filed.
ADOPTED
Community Development
(Antoine M. Thompson, Chairman)
No. 73
Expansion of Main - LaSalle Housing Project
(Item No. 117, C.C.P., Nov. 27, 200 1)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mr. Thompson Moved:
That the above mentioned item be and the same is hereby laid
on the table.
LAID ON THE TABLE
NO. 74
M. Schiavone - Expansion of Main - LaSalle Housing
Project
(Item No. 62, C.C.P., Nov. 27, 200 1)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mr. Thompsn Moved:
That the above mentioned item be and the same is hereby laid
on the table.
LAID ON THE TABLE
NO. 75
J. Pitts, Conc. Cit. - Complaint - Pohlman Foundary Co.
(CCP #83 -July 25, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 76
J. Pitts, Conc. Cit. - Complaint - Pohlman Foundary Co.
(Env. Mgmt. Comm.)
(CCP #I -Sept. 5, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 77
J. Pitts, Conc. Cit. - Complaint - Pohlman Foundary Co.
(Strat. PI.)
(CCP#4 -Sept. 5, 01)
That the above item be and the same hereby is received and
filed.
ADOPTED
NO. 78
C. Cummings - Workforce Dev. System
(CCP #82 -Nov. 14, 01)
That the above item be and the same hereby is referred to
the Special Committee on Regional Governance.
ADOPTED
NO. 79
Transfer of Title, Urban Homestead - 188 Jewett, 95
Viaduct Elk
(Item No. 7, C.C.P., Dec. 11, 2001)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mr. Thompson Moved: That the city -owned property commonly
known as 65 Clare 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 Dana S.
Kazukiewicz, residing at 61 Clare Street, in the amount of $ 1.
00 (One Dollar), and all costs of transfer, on the condition the
property is cleared and improved within six (6) months and
maintained in a sanitary manner; and
That the city -owned property commonly known as 188 Jewett
Avenue, is hereby designated as Homestead Property, and that
the Mayor be, and he hereby is authorized to execute a deed
transferring said property to Jacqueline Smother, residing at
192 Jewett Avenue, in the amount of $ 1. 00 (One Dollar), and
all costs of transfer, on the condition the property is cleared
and improved within six (6) months and maintained in a
sanitary manner; and
That the city -owned property commonly known as 95 Viaduct
Elk, is hereby designated as Homestead Property, and that the
Mayor be, and he hereby is authorized to execute a deed
transferring said property to Sarah Seifert, residing at 93
Viaduct Elk Street, in the amount of $ 1. 00 (One Dollar), and
all costs of transfer, on the condition the property is cleared
and improved within six (6) months and maintained in a
sanitary manner.
Passed.
AYES -13- NOES -0
Special Committees
ERIE BASIN MARINA TASK FORCE
(James W. Pitts, Chairman)
NO. 80
Slip Rental Fees for the Erie Basin Marina
(Item No. 117, C.C.P., Dec. 11, 2001)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mr. Pitts Moved:
That the Department of Public Works and the Department of
Administration and Finance report to the Common Council as
to the increase in projected revenues if the City of Buffalo were
to increase boat slip rental fees.
Adopted
No. 81
Slip Rental Fees for the Erie Basin Marina (PW)
(Item No. 39, C.C.P., Dec. 26, 2001)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mr. Pitts Moved:
That the above mentioned item be and the same is hereby
received and filed.
Adopted.
RESOLUTIONS
No. 82
By: Mr. Bonifacio, Mr. Fisher
Re: increased Fines to those in Violation of the City's
Snow and lee Removal Ordinance
Whereas: § 413 -50 of the City Code states - "It shall be the
duty of every owner or Occupant of any premises abutting any
public street to remove, before 9 -00 a.m., all snow and ice
which may have fallen upon the sidewalk abutting said
premises;" and
Whereas: The City of Buffalo enforces this ordinance through
its Code Enforcement Chapter (137), providing for a $10.50
fine to violators, followed by two additional $10.50 fines if
necessary, totaling a maximum allowable fine of $31.50; and
Whereas- Although the City of Buffalo enforces its snow and
ice removal ordinance to the best of its ability, many sidewalks
in the City of Buffalo are not adequately cleaned by private
residents, occupants, owners, and businesses; and
Whereas: An increase in fines for Class A violations under
Chapter 137 pertaining to the City's snow and ice removal
ordinance (§ 413 -50) may improve the snow and ice removal
efforts of private citizens, especially those who most frequently
violate the ordinance; and
Whereas: This measure is proposed in response to safety
concerns and not those related to city revenues- and
Now, Therefore Be It Resolved:
That the Common Council in cooperation with the Department
of Administration and Finance and the Corporation Counsel
immediately examine the feasibility in increasing the fines to
violators of the City of Buffalo's snow and ice removal
ordinance.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CORPORATION COUNSEL AND THE COMMISSIONER OF
ADMINISTRATION AND FINANCE
By Mr. Coppola- Ms. Martino
No. 83
SUBJECT: Health Care Coverage For City Employees
Whereas: The high cost of health care coverage for city
employees, including exempt, has a significant effect on the
city's budget; and
Whereas: Health care cost are always a chief concern for city
officials when negotiating contracts with employee unions, and
Whereas.- Receiving appropriate health care coverage is of
equal, and in some cases of more, concern to city employees
during contract negotiations; and
Whereas: Year after year the Administration, Common Council,
and Union leadership tries to address these continually
increasing costs; and
Whereas: The city currently offers several health care plans,
provided by several health care providers, to it's employees -
some having a higher premium cost per employee; and
Whereas: The employee pays the difference between the plan
of choice and the lower of the plans offered by their union
contract -, and
Whereas: Exploring an "Umbrella Plan" which would cover all
city employees under the same provider, but, at the same time
offers most of the benefits that are realized under their current
benefit plan, could yield benefits to both the city and its
employees, and
Whereas- A "Health Care Package Plan" could be drafted in
concert by the administration and union and solicited to health
care providers in bid, or request for proposal (RFQ) form; and
Whereas: The successful bidder would provide health care
coverage to all city employees.
Now, Therefore, Be It Resolved:
The Commissioner of Administration and Finance and the
Commissioner of Human Resources file a response to this
resolution with this Common Council no latter than January 8,
2002.
REFERRED TO THE SPECIAL COMMITTEE ON
UNIVERSAL HEALTH, THE COMMISSIONER OF
ADMINISTRATIO. AND FINANCE AND THE
COMMISSIONER OF HUMAN RESOURCES
By: Mr. Davis. Mr. Franczyk
No. 84
SUBJECT: Scheduled Demolition of the Property Located
at 1313 Main Street
Whereas: The property located at 1313 Main Street has been
slated for demolition; and
Whereas: This has been done by an emergency demolition
order, through the City Court of Buffalo (DOCKET NO.
621/01); and
Whereas: 1313 Main Street is part of the campus of the former
St. Vincent's Female Orphan Asylum, a designated City of
Buffalo historical landmark; and
Whereas: The property known as 1313 Main Street is
composed of the c. 1863 George Squier House, in 1886
orphanage connected to it, a 1935 gym and auditorium by
George Dietel, codesigner of Buffalo City Hall, and an 1898 -99
building by Green and Wicks; and
Whereas:
The emergency demolition order makes no distinction about
individual structures; and therefore, calls for the demolition of
all buildings on the property; and
Whereas: Questions have been raised by City of Buffalo
residents concerning the necessity of destroying this historical
landmark; and
Whereas: Further questions have been raised about the events
surrounding the administrative process that led to the issuance
of an emergency demolition order.
Now, Therefore, Be It Resolved:
That the City Court of Buffalo be requested to suspend this
demolition order until this Common Council can examine the
specific details of the situation; and
Be It Further Resolved That:
That the Department of Permit and Inspection Services be
requested to file a report about the circumstances surrounding
the issuance of the emergency demolition order; and
Be It Further Resolved That:
The Committee on Legislation be requested to hold a public
hearing on the demolition of this historical landmark; and
Be It Finally Resolved:
That the Departments of Community Development and Law
advise the Council on options available to preserve this
property.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
DIRECTOR OF STRATEGIC PLANNING, THE
CORPORATION COUNSEL, THE DIRECTOR OF PERMITS
AND INSPECTIONS AND THE PRESERVATION BOARD
No. 85
By: Mr. Golombek
Re: Discharge the Regional Governance
Committee - Res 196 - CCP Sept 18,2001
"Transfer Portion of Kenmore Ave. to Erie
County"
Whereas :Resolution 196 - CCP Sept 18,2001 "Transfer
Portion of Kenmore Ave. to Erie County" is presently before
the Committee on Regional Governance; and
Whereas: It is no longer necessary for this item to be
considered by that committee;
Now, Therefore, Be It Resolved That:
This Common Council does hereby discharge the Committee
on Regional Governance from further consideration of
Resolution 196 -CCP Sept 18,2001 "Transfer Portion of
Kenmore Ave. to Erie County ", and said item is now before the
Council.
MRS. LOTEMPIO MOVED TO ADOPT THE DISCHARGE
SECONDED BY MR. GOLOMBEK
Mrs. LOTEMPIO MOVED TO APPROVE SAID ITEM AS
AMENDED
Transfer Portion of Kenmore Avenue to Erie County
(Item No. 196, C.C.P., Sept. 18, 2001)
That this Common Council does hereby discharge the Special
Committee on Regional Governance from further consideration
of Item No. 196, C.C.P., September 18, 2001, Transfer Portion
of Kenmore Avenue to Erie County, and said item is now before
the Council; and
That the above - referenced item be amended to read Main
Street instead of Military Road; and
That this Common Council moves to allow the County of Erie to
assume maintenance responsibilities of the West Side of
Kenmore Avenue between Main Street and Vulcan Avenue.
Passed
AYES -13- NOES -0
By: Mr. Golombek
NO. 86
SUBJECT: Improving The Accountability, Efficiency And
Responsiveness Of City Government
Whereas: Given the financial condition of the City of
Buffalo, steps must be taken to improve the accountability,
efficiency and responsiveness of City government; and
Whereas: The public does not want less education,
less police protection, and less services. What the public wants
is better education, better police protection and better services,
for the same tax dollar; and
Whereas- Raising taxes and cutting spending are
not the only two ways out of our crisis. It is not simply a matter
of more government or less government, we need better
government; and
Whereas- Our current system of reviewing the
performance of City departments and agencies once a year at
budget time is not effective for improving the accountability,
efficiency and responsiveness of City government. We need to
measure results in a more timely fashion; and
Whereas: Governments across the country are
using technology to make themselves more efficient and saving
millions of dollars in the process; and
Whereas- For example, the City of Baltimore has
introduced a comprehensive statistical tracking system for all
city departments called CitiStat, which has improved city
services in numerous ways and saved the city more than $13
million in one year; and
Whereas: With the data created from CitiStat
managers have been able to set clear short term and long term
goals, shift resources according to need, eliminate duplication
of services and create improvements in overall responsiveness;
and
Whereas: Cities such as Pittsburgh, St.Louis,
Jacksonville, Seattle, Philadelphia, and Portland have adopted
similar steps for measuring performance to improve the
efficiency of government services; and
Whereas- Recently more than 400 government
officials from across the country attended Governing
magazine's annual conference to learn more about CitiStat;
Now Therefore, Be It Resolved:
That this Common Council does hereby support exploring the
utilization of CitiStat as a way to improve our current fiscal
condition by making city government more accountable,
efficient and responsive, and
Be It Further Resolved -
That this Resolution be forwarded to the Mayor for official
response.
REFERRED TO THE COMMITTEE ON BUDGET, THE
OFFICE OF THE MAYOR, THE COMMISSINER OF
ADMINISTRATION AND FINANCE AND THE
COMPTROLLER
By: Mrs. LoTempio
NO. 87
SUBJECT: Composition of the Joint Schools
Construction Board
WHEREAS, the Common Council of the City of Buffalo and
Board of Education of the City of Buffalo have adopted
resolutions authorizing the creation of the Joint Schools
Construction Board ( "JSCB ") to manage and oversee the
financing, construction and reconstruction of educational
facilities for the City; and
WHEREAS, Article 18, Section 59 of the Charter of the City
Buffalo provides that the JSCB shall be composed of two
Board of Education designees, the Superintendent of Schools,
the Mayor, a Common Council designee, the Comptroller and
the New York State Regent for the Eighth District; and
WHEREAS, the current Regent for the Eighth District, Robert
Bennett, has resigned from the JSCB on the advice of counsel
to the New York State Education Department that to avoid any
appearance of a conflict of interest, a member of the Board of
Regents should not serve as a voting member of the JSCB,
and
WHEREAS, the County of Erie has appropriated in its 2001
budget the sum of $3,936,792.00 and has expressed its
intention to appropriate an additional sum of $1,063,208.00 for
a total contribution of $5,000,000.00 to the local share of the
cost of Phase I of the school reconstruction program; and
WHEREAS, the County of Erie's support for the JSCB Capital
Program, including its unprecedented financial investment in
the Program, reflects the importance of excellent city schools to
our entire region.
NOW, THEREFORE, BE IT RESOLVED:
That the Corporation Counsel is hereby authorized to prepare
and pursue an appropriate amendment to the City Charter to
add the Erie County Executive as a member of the JSCB in the
place and stead of the New York State Regent for the Eighth
District.
Mr. Franczyk moved to approve Seconded by Mr. Fontana
Mr. Fisher moved to send the item to the Committee on
Education
Seconded by Mr. Thompson
A Y ES - 12 Bonifacio, Coppola, Davis, Fisher, Fontana,
Golombek, Grant, Gray, LoTempio, Martino, Pitts and
Thompson
N OES - 1 Franczyk
REFERRED TO THE COMMITTEE ON EDUCATION
NO. 88
BY: MRS. LOTEMPIO ORDINANCE AMENDMENT
CHAPTER 175 - FEES
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Chapter 309 of Chapter 175, Fees, of the Code of the City
of Buffalo be amended to read as follows:
§ 309 -28, use of facilities
With the exception of designated private ice time at skating
rinks, City of Buffalo handicapped persons (classified as such
by the United States Department of Health, Education and
Welfare) may use any of the hereinafter mentioned recreational
facilities free of all charges and fees.
No. 88
Re: Ordinance Amendment
Chapter 175 - Fees
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Chapter 309 of Chapter 175, Fees, of the Code of the City
of Buffalo be amended to read as follows:
§ 309 -28, use of facilities
With the exception of designated private ice time at skating
rinks, City of Buffalo handicapped persons (classified as such
by the United States Department of Health, Education and
Welfare) may use any of the hereinafter mentioned recreational
facilities free of all charges and fees.
City Resident Noncity
Resident
GOLF COURSES
Seasonal fee for South Park, [$125.00] $160.00 [$250.00]
$310.00
Park, Cazenovia and
Delaware Golf Courses
Senior citizens with city [$65.00] $80.00 [$200.00]
$250.00
city identification cards
Youths under 16 with city [$65.00] $80.00 [$125.00]
$160.00
identification cards
Junior Program [$50.00] $60.00 [$100.00]
$125.00
(12: 00 noon to closing,
July to August only)
Daily fee for South Park, Cazenovia and Delaware Golf
Course (each)
18 holes on Saturday, [$9,00] $12.00 [$13.00]
$18.00
Sunday or holiday
Seniors and youths under 16 [$6.00] $8.00 [$13.00)
$18.00
on Saturday, Sunday or holiday
IS holes on other days [$7.00] $9.00 [$12.00]
$16.00
Seniors and youths under 16 [$5.00] $7.00 [$10.00]
$13.00
on regular weekdays
Twilight rate (starts after 6:00 p.m.)[$5.00] $7.00 [$7.00]
$9.00
Reserve tee time, per reserved hour $50.00
New York State access pass Free
Applicable rate
LAWN BOWLING
Seasonal
Per person for $45.00
$65.00
Delaware Park
BENNETT BEACH
Daily parking
Per automobile $3.00
$4.00
Per van $4.00
$5.00
Per bus $7.00
$7.00
DUPLICATE PERMITS
Each permit $5.00
$10.00
BOAT TRAILER LAUNCHING PERMITS
Seasonal $25.00
$50.00
ICE SKATING
Youths under 18 and seniors $0.75
$2.50
18 years and over $1.50
$2.50
Designated private ice time:
Outdoor rink:
All groups, per hour $40.00
$40.00
Indoor rink:
All groups other than [$85.00] $110.00 [$140.00]
$180.00
developmental league, per hour
Developmental league, [$55.00] $80.00 [$140.00]
$200.00
(including Explorer League,
Timon and Canisius High
School), per hour
Nonresident participating with $55.00
resident or developmental league
or high school, per individual /per season
Skating lessons, per session $10.00
$10.00
INDOOR NATATORIUM
Daily sessions (except for the months of July and August)
City of Buffalo residents with identification cards
Under 18 years and seniors $0.75
$2.50
18 years and over $1.50
$2.50
July and August
Under 18 years and seniors
$2.50
18 years and over
$2.50
Seasonal
Under 18 and seniors $50.00
$150.00
(with city identification cards)
18 years and older $100.00
$150.00
(with city identification cards)
Designated private swimming time
Half pool rental per $85.00
$140.00
group, per hour
Exclusive use of pool,$170.00
$280.00
per hour
Swimming lessons, per $10.00
$10.00
session
CITY IDENTIFICATION CARDS
Issued to city residents with valid $3.00
proof of residence, each
[Parkside Lodge and Cazenovia Casino [$35.00]
only; evenings, weekends and holidays,
per hour]
[Minimum fee [$125.00]
[$125.00]
DAILY RENTALS
Special Events $200.00
$200.00
LaSalle Pavilion $250.00
$250.00
Parkside Lodge $125.00
$125.00
Marcy Casino $125.00
$125.00
Cazenovia Casino $125.00
$125.00
bucks and platforms $100.00
$100.00
Japanese Garden $35.00
$35.00
Park Permit $25.00
$25.00
Park Shelter Permit $25.00
$25.00
Wedding Receptions $100.00
$100.00
Wedding Ceremony in Park $35.00
$35.00
Community Center Room $25.00
$25.00
BAND SHELL RENTAL
Mobile band shell $400.00
$400.00
rental, per day
DIAMONDS AND FIELDS
Team permit, per season $75.00
$75.00
(grammar schools, high schools, volleyball leagues and little
leagues excluded)
It is hereby certified, pursuant to Section 3 -19 of the Charter,
that the immediate passage of the foregoing ordinance is
necessary.
APPROVED AS TO FORM
LAID ON THE TABLE
NOTE: Matter in brackets to be deleted; matter underlined is
new.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
COMMISSIONER OF PUBLIC WORKS AND
THE CORPORATION COUNSEL
NO. 89
BY: MRS. LOTEMPIO AND MR. THOMPSON
CITY OF BUFFALO
LOCAL LAW NO. _ (2002)
INTRODUCTORY NO. 1 (2002)
A LOCAL LAW amending the Charter of the City of
Buffalo in relation to amending the date for filing a grievance
opposing the assessed valuation of real property.
BE IT ENACTED BY THE COMMON COUNCIL OF THE
CITY OF BUFFALO AS FOLLOWS:
Section 1. That Article Twenty -eight of the Charter of the City
of Buffalo, adopted pursuant to law, is hereby amended as
follows:
Sec. 28 -33. Grievances.
During said month of December, any person perceiving himself
aggrieved by the assessed valuation of his real property may
apply to the department to have the same corrected.
Notwithstanding the foregoing, grievances from 2001 may be
filed until January 31, 2002.
The application must be in writing, stating the grounds of
objection thereto and thereupon the department must examine
into the complaint.
If, after such examination, the assessment is erroneous in the
judgment of the commissioner, he or she shall correct the
same.
Section 2. Insofar as the provisions of this local law are
inconsistent with the provisions of any other local law or act, the
provisions of this local law shall be controlling.
Section 3. This local law shall take effect retroactively from
December 31, 2001.
IT IS HEREBY CERTIFIED, pursuant to Section 20 of the
Municipal Home Rule Law, that the immediate passage of this
Local Law is necessary.
APPROVED AS TO FORM
Corporation Counsel
NOTE: Matter underlined is new.
PASSED
AYES -13 NOES -0
NO. 90
BY MRS. MARTINO
DISCHARGE COMMITTEE ON CLAIMS -
CENTRAL TERMINAL RESTORATION CORP.
(ITEM 113 CCP 6/12/01)
Whereas: The above item is currently in the Committee on
Claims; and
Whereas: It is no longer necessary for this item to be
considered by that committee,
Now, Therefore, Be It Resolved:
That this Common Council does hereby discharge the
Committee on Claims from further consideration of this item,
and said item is now before the Council.
Seconded by Mr. Franczyk
ADOPT DISCHARGE
Mrs. Martino now moved that the above item is hereby
approved.
Seconded by Mr. Franczyk
PASSED
AYES -13 NOES -0
NO. 91
BY: MRS. MARTINO
PREVENT PRICE GOUGING DURING STORM EVENTS
Whereas: During Christmas week, the City of
Buffalo was socked with a record - setting snowfall some areas
experiencing accumulations of six (6) to seven (7) feet of snow;
and
Whereas: Between the spirit of the holidays, the remarkable
generosity of Buffalo's citizens and the hard work of City
employees and many private contractors, there were
innumerable stories of incredible kindness and decency, as
neighbors looked out for each other and tons of snow were
tirelessly cleared to make sure that our most vulnerable
citizens were safe and comfortable in the face of a ferocious
storm; and
Whereas: Unfortunately, there were exceptions to the "all for
one and one for all" spirit that lifted Western New York and
turned a crisis into a celebration of community and generosity;
and
Whereas: Some private contractors took advantage of the
desperate situations that the storm created and charged
unconscionable rates, especially to elderly and other vulnerable
citizens, who felt they had nowhere else to turn; and
Whereas: There were even reports of contractors refusing to
abide by signed contracts unless residents were willing to shell
out more money on the spot; and
Whereas: NYS Attorney General Elliott Spitzer has begun
investigating charges of price gouging and cheating by plowing
contractors; and
Whereas: While most contractors working in the City of Buffalo
performed an honorable and valuable service, those that took
advantage of the storm in an unconscionable fashion should be
aggressively prosecuted in order to send a message that this
type of predatory behavior will not be tolerated;
Now, Therefore, Be It Resolved That:
The Buffalo Common Council commends Attorney General
Elliott Spitzer for undertaking an investigation of price gouging
by plowing contractors in Western New York; and
Be It Further Resolved That This Council pledges to forward, in
as much detail as possible, any complaints received regarding
price gouging to Mr. Spitzer's local office (0 Floor of the Statler
building, 107 Delaware Avenue, Buffalo, NY 14202), and urges
the Director of the Mayor's Complaint Line and the citizens of
Western New York to do the same; and
Be It Further Resolved That:
Inasmuch as the snowfall did not stop at the City line and the
entire region cooperated in clearing snow, this Council urges
the County Executive and County Legislature to also forward
any complaints they receive to Mr. Spitzer in a show of regional
cooperation; and
Be It Further Resolved That:
The City of Buffalo and the County of Erie be urged to
cooperate in enforcing any applicable local laws that protect
citizens from predatory contractors; and
Be It Further Resolved That:
The Division of Licenses be requested to assist the Attorney
General by sending Mr. Spitzer a list of contractors licensed to
plow within the City of Buffalo; and
Be It Finally Resolved That:
The City Clerk be directed to send certified copies of this
resolution to Attorney General Elliott Spitzer, County Executive
Joel A. Giambra, Mayor Anthony M. Masiello, Jay Duderwick
Director of the Mayor's Complaint Line, Ray McGurn,
Commissioner of Permits and Licenses and Michael Risman,
Buffalo Corporation Counsel.
ADOPTED
NO. 92
BY MRS. WILLIAMS
FELICITATIONS /IN MEMORIAM
Attached hereto are Felicitation and In Memoriam Resolutions
sponsored by Members of the Common Council as indicated:
Felicitation for Karen Ellindgton
By Councilmember All Councilmembers
Felicitation for Barbara Miller- Williams
By Councilmember All Councilmembers
ADOPTED.
NO. 93
BY: MR. THOMPSON
APPOINTMENTS COMMISSIONER OF DEEDS
That the following persons are hereby appointed as
Commissioner of Deeds for the term ending December 31 st
2002 , conditional upon the person so appointed certifying
under oath to their qualifications and filing same with the City
Clerk:
Michael lannello
Viola Palmer
ADOPTED.
NO. 94
BY: MR. THOMPSON
APPOINTMENTS COMMISSIONERS OF -DEEDS
REQUIRED FOR THE PROPER PERFORMANCE OF
PUBLIC DUTIES
That the following. persons are hereby appointed -as
Commissioner of Deeds for the term ending , December 31, 2
002, conditional upon the persons so appointed certifying
under oath to their qualifications and filing same with the City
David A. Franczyk
Calvina M. Wilkins
ADOPTED
UNFINISHED BUSINESS
NO. 95
ORD. AMEND. CH. 175 WHARVES, HARBORS & BRIDGES
(CCP# 16,12/21/2001)
Mrs. LoTempio moved that the above item be taken from the
table. Seconded by Mr. Davis
CARRIED
Mrs. LoTempio Moved: That the above ordinance amendment
shall be effective as follows 50% of the fee increase shall be
effective immediately. The remaining 50% shall be effective
January 1, 2003.
Mrs. LoTempio now moved approval of the above item.
Seconded by Mr. Davis
PASSED
AYES -13 NOES -0
NO. 96
ORD. AMEND. CH. 495 WHARVES, HARBORS &
BRIDGES - DOCKING
(CCP# 17,12/21/2001)
Mrs. LoTempio moved that the above item be taken from the
table. Seconded by Mr. Davis
CARRIED
Mrs. LoTempio now moved approval of the above item.
Seconded by Mr. Davis
PASSED
AYES -13 NOES -0
NO. 97
BOND
RESOLUTION - $2,800,000- CONVERSION - FREDERICK
DOUGLAS TOWERS
(CCP #135 - 12/26/01)
Mrs. LoTempio moved that the above item be taken from the
table.
Seconded by Mr. Davis
CARRIED
Mrs. LoTempio now moved approval of the above item.
Seconded by Mr. Davis
PASSED
AYES -13 NOES-0
NO. 98
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 Civil Service Tuesday, January 15, 2002 at 9:30
o'clock A.M.
Committee on Finance Tuesday, January
15, 2002 at 10:00 o'clock A.M.
following Civil Service
Committee on Legislation Tuesday, January
15, 2002 at 2:00 o'clock P.M.
Committee on Comm. Dev. Wednesday,
January 16, 2002 at 10:00 o'clock A.M.
Committee on Education Wednesday,
January 16, 2002 at 2:00 o'clock P.M.
Special Committees
Streets Services Wednesday, January 9, 2002
at 10:00 o'clock A.M.
Budget Thursday, January 10, 200jkat 10:00 o'clock A.M.
Bi- National Bridge Thursday, January 10, 2002 at
2:00 o'clock P.M.
MBEC Monday, January 14, 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. 99
ADJOURNMENT
On a motion by Mrs. LoTempio, Seconded by Mr. Fontana the
Council adjourned at 4:00 pm
CHARLES L. MICHAUX, III
CITY CLERK