HomeMy WebLinkAbout03-1223
No.( 24)
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
December 23, 2003
TELECOMMUNICATIONS COMMITTEE: James W.
Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty
MAYOR Jean Grant, Joseph Golombek Jr.; Members
Hon. Anthony M. Masiello
BUDGET COMMITTEE: Rosemarie LoTempio ,
ACTING COMPTROLLER Chairman, Richard Fontana, Mary M. Martino, James W.
Andrew Sanfilippo Pitts
COMMON COUNCIL ERIE BASIN MARINA LEASE COMMITTEE: James
PRESIDENT OF THE COUNCIL W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr.,
James W. Pitts Charley H. Fisher III, Joseph Golombek Jr.
PRESIDENT PRO TEMPORE POLICE REORGANIZATION COMMITTEE: Dominic J.
Richard A. Fontana Bonifacio Jr., Chairman, Brian C. Davis, Richard Fontana,
David A. Franczyk, Mary Martino, Charley Fisher III.
MAJORITY LEADER
Rosemarie Lo Tempio
COUNCILMEMBERS-AT-LARGE
Beverly Gray
Charlie A. Fisher III
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
MARC A. COPPOLA - DELAWARE
BRIAN C. DAVIS - ELLICOTT
DAVID A. FRANCZYK - FILLMORE
RICHARD A. FONTANA - LOVEJOY
ANTOINE M. THOMPSON - MASTEN
DOMINIC BONIFACIO - NIAGARA
JOSEPH GOLOMBEK JR. - NORTH
MARY M. MARTINO - SOUTH
BETTY JEAN GRANT - UNIVERSITY
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Marc Coppola,
Chairman, Charley H. Fisher III, Joseph Golombek Jr., Mary
Martino, Antoine Thompson-Members
CLAIMS COMMITTEE: Mary M. Martino, Chairman,
Marc A. Coppola, Brian C. Davis, Richard Fontana, Betty
Jean Grant-Members
COMMUNITY DEVELOPMENT COMMITTEE: Antoine
Thompson, Interim Chairman, Dominic J. Bonifacio Jr. Brian
C. Davis, Joseph Golombek Jr., Beverly Gray, Rosemarie
LoTempio-Members
FINANCE COMMITTEE: Betty Jean Grant, Chairman,
Marc Coppola, Brian C. Davis, Charley H. Fisher III, David A.
Franczyk, Mary Martino-Members.
LEGISLATION COMMITTEE: Richard A. Fontana,
Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, Joseph
Golombek Jr., Betty Jean Grant, Rosemarie LoTempio,
Members
RULES COMMITTEE: James W. Pitts, Chairman
Charley H. Fisher III, Rosemarie LoTempio , Members
EDUCATION COMMITTEE: Charley H. Fisher III,
Chairman, Dominic J. Bonifacio Jr., Brian C. Davis, David A.
Franczyk, Beverly Gray, Antoine Thompson; Members
SPECIAL COMMITTEES
CORPORATION PROCEEDINGS
LIBRARY
Pursuant to Section 6212 of the Unconsolidated Laws,
COMMON COUNCIL being Chapter 768, Section 2 of the Laws of 1953,
CITY HALL - BUFFALO transmitted herewith are my designated nominees to the
TUESDAY, DECEMBER 23, 2003 Board of Trustees of the Buffalo and Erie County Public
AT 2:00 P.M. Library. The County Executive, subject to confirmation by the
County Legislature, will appoint one nominee for a term
PRESENT – President Pro Temp, Richard Fontana expiring December 31, 2005. Said nominee is replacing
and Council Members Bonifacio, Coppola, Davis, Fisher, Evelyn Pizarro who has resigned from the Library Board.
Franczyk, Golombek Grant, Gray, LoTempio, Martino, Frank Gist 409 Wyoming Avenue Buffalo,
and Thompson - 12 NY 14215
Frank Gist is currently a journalist and seasoned writer for
ABSENT - None. the Buffalo Criterion newspaper. Mr. Gist is well-informed on
community issues and is an advocate for community
On a motion by Mrs. LoTempio, seconded by change. Having previously served as a Buffalo firefighter and
Mr.Fontana, the minutes of the stated meeting held on a member of the Library Board, Mr. Gist will work to ensure
12/09/2003 were approved. that our city's assets are protected. I am sure that his
leadership and interpersonal skills coupled with his solid
FROM THE MAYOR entrepreneurial ability will prove invaluable to the Library
NO. 1 Board.
APPOINTMENT AND RE-APPOINTMENT OF MEMBERS Thomas Errol Gleed 204 West Tupper Street
TO THE BUFFALO SEWER AUTHORITY Buffalo, NY 14201
Pursuant to the powers vested in me by Section 1177 of At the present time Mr. Gleed is the Executive Assistant to
the Public Authorities Law, I hereby re-appoint, subject to the Mayor & Sister Cities Liasion for the City of Buffalo.
confirmation by Your Honorable Body, Mr. John D. Kennedy Formerly Mr. Gleed was a Special Coordinator in the
residing at 27 Arundel Road, Buffalo, NY 14216, and Mr. Department of Community Development and from 1985 to
James P. Naples residing at 139 Bedford Avenue, Buffalo, 1995 he was General Store and Merchandise Manager for
NY 14216 as members of the Buffalo Sewer Authority. Mr. Peller & Mure. Tom is very active in career related activities.
Naples and Mr. Kennedy are being re-appointed for a term Maureen Danahy, SSJ 151 Summit Avenue Buffalo,
commencing immediately and expiring June 30, 2006. N.Y. 14201
Appointments: At the present time Maureen Danahy is Director of the
Christopher Roosevelt 35 Holland Place Buffalo, Mayor's Internship Program. From 19721998 she was an
NY 14209 elementary school teacher. Maureen has taught grades 2-8
Mr. Roosevelt is currently a Sales Representative for Colony over the course of her teaching career.
Liquor. His prior employment has been in a similar position I hereby certify that the above designees are fully qualified to
with Wine Merchants of Buffalo and Buffalo Beverage. Mr. serve as members of the Board of Trustees of the Buffalo
Roosevelt received his Bachelor of Science Degree from and Erie County Library.
Clarion University in Clarion, PA in 1983. REFERRED TO THE COMMITTEE ON LEGISLATION,
Mr. Roosevelt is being appointed to the seat previously CORPORATION COUNSEL AND THE DIRECTOR OF
vacated by Rodney Richardson for a term commencing COLLECTIONS
immediately and expiring on June 30, 2005.
Andrew DiVincenzo 1834 William Street Buffalo, FROM THE MAYOR - EXECUTIVE DEPARTMENT
NY 14206 FROM THE BUFFALO ARTS COMMISSION
Mr. DiVincenzo has been the Proprietor of Billy Ogden's NO. 3
Restaurant on William Street for the past 15 years. Andrew CHANGE ORDER# 1 FOR CONTRACT #92010745
DiVincenzo has long been in the restaurant and catering ITEM NO. 3, C.C.P. 12/27/2002
business and previously worked in New York City before The Buffalo Arts Commission hereby submits its request to
returning to Buffalo. increase contract #92010745 with Hamilton, Houston,
Mr. DiVincenzo has been very active in community affairs Lownie Architects LLC by a cost not to exceed $22,500. All
including Chairman of the Board for Pilot Field and Memorial work by the contractor is to be completed by August 20,
Auditorium, Camp Good Days and serving as a Board 2004. Funds are available in City bond account #34320706.
Member for Kids Escaping Drugs and A.B.L.E.Y. Mr. Mrs. LoTempio moved:
DiVincenzo is being appointed to the seat previously held by That the above communication from the Buffalo Arts
Rev. Msgr. John R. Gabalski for a term commencing Commission dated December 17, 2003, be received and
immediately and expiring on June 30, 2004. filed; and
I hereby certify that the above named individuals are fully That the Chairwoman of the Buffalo Arts Commission be,
qualified to serve as members of the Buffalo Sewer and she hereby is authorized to issue a change order to
Authority. Hamilton, Houston, Lownie Architect LLC, an increase in the
REFERRED TO THE COMMITTEE ON LEGISLATION, amount of $22,500.00, as more fully described in the above
CORPORATION COUNSEL AND THE DIRECTOR OF communication, for work relating to Contract #92010745.
COLLECTIONS Funds for this project are available in City bond account
#34320706.
NO. 2 PASSED
DESIGNATION OF NOMINEES FOR APPOINTMENT TO AYES - 11 NOES - 0
THE
BOARD OF TRUSTEES OF THE BUFFALO AND FROM THE OFFICE OF CITIZEN SERVICES
ERIE COUNTY NO. 4
MONTHLY REPORT FROM THE DIVISION OF CITIZEN The City of Buffalo Urban Renewal Agency duly
SERVICES - designated Burke
NOVEMBER 2003 Brothers Construction, Inc. and/or joint venture, partnership,
Dear Members of the Buffalo Common Council: corporation or other legal entity to be formed as the qualified
Attached for your review is the monthly report for and eligible Redeveloper for the subject parcel.
November 2003, from the Division of Citizen Services. The Agency has also determined that the proposed Land
In order to analyze the calls, they were compared to service Disposition Agreement negotiated by the Agency and the
calls for the last six months and the service calls from Redeveloper is satisfactory.
November 2002. Please be advised that in accordance with the provisions of
November 2003 had the fewest service request in the last Article 15A of the General Municipal Law, it is now
six months and 17% fewer calls than in October 2003. necessary for your Honorable Body to set a date for a public
There were only two service categories that increased hearing, and to direct the publication of a notice of said
between October 2003 and November 2003, they were hearing. In the interest of time and anticipating that Your
garbage requests, 269 to 346 and broken totes, 91 to 105. Honorable Body is willing to expedite this matter, I have
Although November 2003 experienced fewer service calls taken the liberty to prepare a Resolution together with a
than the previous five months, it did have 320 more calls Notice of Public Hearing for your action.
than November 2002, which was the lowest month for Forwarded separately are the following documents-
service calls last year. 1. Resolution setting Public Hearing
As always, I hope that this information is helpful. 2. Notice of Public Hearing
Sincerely, 3. Resolution approving proposed Land Disposition
RECEIVED AND FILED Agreement
After the Public Hearing is held, Your Honorable Body may
FROM THE CITY PLANNING BOARD adopt a
NO. 5 Resolution authorizing the disposition of the land to the
PROMISELAND MISSIONARY CHURCH Redeveloper, which the
227 HIGH STREET Agency has designated as being qualified and eligible
ACCESSORY SIGN REFERRED TO THE COMMITTEE ON COMMUNITY
ITEM NO. 50, C.C.P. 12/9/2003 DEVELOPMENT
The City Planning Board at its regular meeting held
Tuesday, December 16 2003, considered the matter NO. 8
captioned above pursuant to Section 387-19 of the Buffalo ABANDONMENT AND SALE SCATCHARD PLACE,
Code, Application for billboard, ground or pole sign permits. ALONG
The applicant seeks to erect an illuminated 41x61x71 overall PROPERTY LINE OF 136 & 142 PEABODY
dimensions of z ground 11ID11 sign structure at 227 High The Office of Strategic Planning, Division of Real Estate
Street. Under SEQR the proposed sign is considered an has received a request to purchase Scatchard Place from
unlisted action which may be studied through uncoordinated Mr. Peter Battaglia, 631 Bullis Road, Elma, New York 14059.
review. Mr. Battaglia owns Battaglia Demolition, Inc. a recycling
The Planning Board voted to approve the proposed sign facility at 1037-1055 Seneca Street and adjoining vacant lots
structure conditioned on the planting of two 21-31 high at 142 & 136 Peabody Street. Scatchard Place is situated
evergreen scrubs, specific species to be left up to the directly between 136 & 142 Peabody Street. Mr. Battaglia
applicant. intends to widen the Scatchard Place entrance, which leads
RECEIVED AND FILED to his recycling facility. The Buffalo Sewer Authority has no
objections to the abandonment and sale of Scatchard Place.
NO. 6 The Department of Public Works recommends the following
TOPS MARKET conditions:
401 NIAGARA ST. 1 . All construction costs are at the expense of Battaglia
GASOLINE SALES Demolition, Inc.
ITEM NO. 51, C.C.P. 12/16/03 2. Construction of a 28-foot wide driveway consisting of two
The City Planning Board at its regular meeting held (2) - Thirteen (13) foot driving lanes and two (2) - F Curb
Tuesday, December 16, 2003, considered the matter offsets.
captioned above pursuant to Section 511-28(E)2 of the 3. Site Plan of proposed improvements must be submitted,
Buffalo Code, "Cl" District Permitted. for approval by the Department of Public Works, Parks &
The applicant seeks to use a portion of an existing Streets.
supermarket parking lot to erect a kiosk and gasoline pumps 4. Relocation of wood pole at southwest radius.
at 401 Niagara Street. The parcel is zoned 11C211 which 5. That the final closing and abandonment of the street will
allows this use. Under SEQR the proposed gasoline sales not become final until the deed of transfer is filed in the Erie
station is considered an unlisted action which may be County Clerk's Office.
studied through uncoordinated review. The Division of Permit and Inspection Services and the
The Planning Board voted to recommend approval of the Division of Collections have no objections to the sale. There
application considering the applicant is returning to the are no building code violations; taxes or other liens owed to
Planning Board December 30, 2003 for City-wide design and the City of Buffalo by the purchaser.
site plan approval. An independent appraisal of the property was conducted by
RECEIVED AND FILED Jeffrey Hennard of G.A. R. Associates, Inc. He has
estimated the value of the property to be Two Thousand Six
FROM THE OFFICE OF STRATEGIC PLANNING Hundred Dollars ($2,600.00), fifty cents (.50) per square
NO. 7 foot. The appraisal report has been reviewed by the
APPROVAL OF CONTRACT FOR Appraisal Review Board. They are in agreement with the
SALE OF LAND Appraiser's estimate of value and recommend a sale price of
460-466 MONROE Two Thousand Six Hundred Dollars ($2,600.00), fifty cents
(.50) per square foot for the subject property.
The results of our negotiations are that Peter Battaglia has That the Director of Strategic Planning be, and he hereby is
agreed to the conditions and is prepared to pay Two authorized to renew the lease between the City and Bailey
Thousand Six Hundred Dollars ($2,600.00), for the subject Delavan Community Services, Inc., for use of 2050 Genesee
property. He has also agreed to pay for the cost of the for an additional three (3) year term commencing on January
appraisal, transfer tax, recording fees and cost of legal 1, 2004 and expiring December 31, 2003. That the
description. Corporation Counsel be authorized to prepare the necessary
I am recommending that Your Honorable Body approve the document to renew the lease and that the Mayor be
abandonment and sale of a portion of Scatchard Street authorized to execute the same.
(along the property lines of 136 & 142 Peabody) in PASSED
accordance with Article 27, Section 513 & 514 of the City AYES - 11 NOES - 0
Charter. I am further recommending that the Corporation
Council prepare the necessary documents for the transfer of NO. 11
title and that the Mayor be authorized to execute the same. RENEW LEASE AGREEMENT BETWEEN THE CITY OF
RECEIVED AND FILED BUFFALO AND FAITH BAPTIST CHURCH FOR USE OF
AYES BONIFACIO, COPPOLA, DAVIS, FISHER, 622 HUMBOLDT PKWY. - VACANT LAND: 60'X 282
FRANCZYK, GOLOMBEK, GRANT, LOTEMPIO, MARTINO, ITEM NO. 116, C.C.P. 6/9/98
THOMPS 10 NOES – FONTANA Pursuant to Item No. 116, C.C. P. 6/9/98, Your Honorable
Body authorized a five (5) year lease between the City of
NO. 9 Buffalo and Faith Baptist Church in reference to the above
ACQUISITION OF PROPERTY captioned property. This lease was for the period of July 1,
BOARD OF EDUCATION - SCHOOL NO. 3 1998 through June 30, 2003 for use of city-owned property
The City of Buffalo, Division of Real Estate acquires located at 622 Humboldt.
property for the Board of Education, since all properties The Office of Strategic Planning, Division of Real Estate, has
under the jurisdiction of the Board of Education are owned received a request from the Faith Baptist Church requesting
by the City of Buffalo. to renew this lease under the same terms and conditions.
The Division of Real Estate can acquire property only after We have written to the Department of Public Works, Parks &
the following has occurred: Streets and the Department of Audit and Control and they
1. Authorization to acquire by the Common Council and the have no objections to this renewal.
Buffalo Board of Education approval requesting same. The lease period will be from July 1, 2003 through June 30,
2. Bond Funds for the project have been authorized and 2008. The rental will remain at One Dollar ($1.00) per year
approved for acquisition of the property. and all other terms and conditions of said lease shall remain
If you need additional information or have any questions, feel the same.
free to contact John Hannon, the Director of Real Estate. This office recommends that Your Honorable Body approve
REFERRED TO THE COMMITTEE ON FINANCE AND THE to renew their present lease agreement for an additional
BOARD OF EDUCATION five-(5) year period commencing July 1, 2003 and expire
June 30, 2008. 1 am further recommending that Your
NO. 10 Honorable Body authorize the Corporation Counsel to
RENEW LEASE AGREEMENT BETWEEN THE CITY OF prepare the necessary documents to renew said lease and
BUFFALO AND that the Mayor be authorized to execute the same.
BAILEY DELAVAN COMMUNITY SERVICES, INC. REFERRED TO THE COMMITTEE ON FINANCE AND THE
FOR USE OF CORPORATION
2050 GENESEE STREET
ITEM NO. 7, C.C.P. 1/23/01 NO. 12
Pursuant to Item No. 7, C.C.P. 1/23/01, Your Honorable RESCIND AUCTION SALE AND FORFEIT DEPOSIT
Body authorized a three (3) year lease between the City of 387 HICKORY
Buffalo and Bailey Delavan Community Services, Inc. for use ITEM NO. 11, C.C.P. 7/8/03
of 2050 Genesee. This lease was for the period of January In the above referenced item Your Honorable Body
1, 2001 through December 31, 2003. authorized the sale of 387 Hickory to Glen A. Gloster
The Office of Strategic Planning, Division of Real Estate, has (Tripoint, LLC), 1849 Tillingway, Stone Mountain, GA 30087.
received a request from Simmone Washington, Executive Mr. Gloster was the highest bidder for 387 Hickory in the
Director of the Bailey Delavan Community Services, Inc. amount of One Thousand Two Hundred Dollars ($1,200.00),
requesting to renew their current lease agreement. plus a 10% buyer's premium for a total of One Thousand
The Dept. of Public Works, Parks & Streets and the Division One Hundred Three Hundred Twenty Dollars ($1,320.00).
of Audit has been contacted and they did not indicate Tripoint, LLC was notified on August 5 th and September 8
objections to this lease renewal. th that this office was ready to close. A third notice was
The rental will remain at One Dollar ($1.00) per year and all mailed on October 16, 2003 notifying the prospective
other terms and conditions of said lease shall remain the purchaser that he had until November 13, 2003 to schedule
same. the closing or the sale would be rescinding and his deposit
This office recommends that Your Honorable Body renew forfeited. Tripoint, LLC has failed to respond to our
their present lease agreement for an additional three-(3) correspondence.
year period commencing January 1, 2004 and expire on Therefore, we are recommending that the Common Council
December 31, 2006. 1 am further recommending that Your approves to rescind the sale of 387 Hickory, return the
Honorable Body authorize the Corporation Counsel to property to our inventory for resale and that the bidder
prepare the necessary documents to renew said lease and forfeits their deposit in the amount Two Hundred Forty
that the Mayor be authorized to execute the same. Dollars ($240.00). The ten percent buyer's premium will
Mrs. LoTempio moved: remain with the Auctioneer and the remaining balance will be
That the above communication from the Office of Strategic deposited in the City's General Fund - Sale of In-Rem
Planning dated December 18, 2003, be received and filed; Property.
and Mrs. LoTempio moved:
That the communication from the Department of Strategic recommend a sale price of Fourteen Thousand Dollars
Planning, dated December 18, 2003, be received and filed; ($14,000.00).
and Lewmar Properties, LLC has agreed and is prepared to pay
That the Executive Director of Strategic Planning be, and he Fourteen Thousand Dollars ($14,000.00) for said property.
hereby is authorized to rescind the sale of 387 Hickory, to They have also agreed to pay for the cost of the appraisal,
forfeit the deposit in the amount of two hundred and forty transfer tax and recording fees.
dollars ($240.00) and to return the property to inventory for Also, attached to this communication is Part I of the SEQR
resale. Ten percent of the deposit will remain with the Project Information form, which was prepared by the project
Auctioneer for the buyer's premium and the remaining sponsors and Internal Review of SEQR Applicability
balance will be deposited in the City's General Fund - Sale of prepared by the Office of Strategic Planning on behalf of the
In-Rem Property. Common Council as the Lead Agency. As a result of the
PASSED initial project review, it has been determined that the
AYES - 11 NOES - 0 proposed project is not subject to the Environmental Quality
Review ACT (ECL-8-0113). The proposed action has been
NO. 13 determined to be an Action Listed Locally as Type 11.
RESULTS OF NEGOTIATIONS I am recommending that Your Honorable Body approve the
104 NORMAL, 263.50'NW PORTER abandonment and sale of a portion of Dearborn Street, in the
LOT SIZE: 25' X 120' amount of Fourteen Thousand Dollars ($14,000.00) upon the
ASSESSED VALUATION: $2,900. above mentioned conditions and adopt the Initial Review of
The Office of Strategic Planning, Division of Real Estate, SEQR Applicability. I am further recommending that the
has received a request to purchase 104 Normal Street from Corporation Counsel prepare the necessary documents for
Mr. Steven Liberti, 1071 Amherst Street, Buffalo, New York the transfer of title and the Mayor be authorized to execute
14204. Mr. Liberti owns 440 Porter Avenue, a downtown row the same.
type house and 106 Normal Avenue, an apartment type Mrs. LoTempio moved:
house. He intends to use 104 Normal for parking for his That the above communication from the Department of
tenants. Strategic Planning, Division of Real Estate dated December
The Division of Permit and Inspection Services and the 15, 2003 be received and filed; and
Division of Collections have no objections to the sale. There That the City of Buffalo does hereby abandon a portion of
are no outstanding taxes, building code violations, or other Dearborn Street -13,975 sq. ft. in accordance with Article 27,
liens owed to the City of Buffalo by the purchaser. Section 27-5 of the Charter of the City of Buffalo and adopt
The Division of Real Estate has investigated the sale of the Initial Review of SEQR Applicability; and
similar residential vacant lot properties in the subject area. That the Director of Real Estate be, and he hereby is
Sales prices range from fifty cents (.50) to ninety-five cents authorized to negotiate a sale with Lewmar Properties, LLC
($.95), per square foot. 1721 Niagara Street, in the amount of fourteen thousand
The results of our negotiations are that Mr. Liberti is dollars ($14,000.00) with the conditions as listed above. That
prepared to pay two thousand three hundred dollars the Corporation Counsel prepare the necessary documents
($2,300), seventy five cents per square foot, for the subject for the transfer of title and the Mayor be authorized to
property. Mr. Liberti has also agreed to pay for the cost of execute the same.
the transfer tax, recording fees and cost of the legal PASSED
description. AYES - 11 NOES - 0
I am recommending that Your Honorable Body approve the
sale of 104 Normal Avenue to Mr. Steven Liberti in the NO. 15
amount of two thousand three hundred dollars ($2,300). 1 TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM
am further recommending that the Corporation Counsel 44 & 46 PECKHAM, 103 & 105 SPRUCE, 375 WALNUT,
prepare the necessary documents for the transfer of title and AND 386 WALNUT STREET
that the Mayor be authorized to execute the same. The Office of Strategic Planning, Division of Real Estate
REFERRED TO THE COMMITTEE ON FINANCE has surveyed the city-owned lots mentioned below. It has
been determined these parcels are not needed for public
NO. 14 purpose or future development.
SALE OF PORTION OF DEARBORN STREET - 13,975 James Management Company, Inc., 200 John James
SQ. FT. Audubon Parkway, Amherst, New York 14228 is under
ITEM NO. 34, C.C.P. 6/27/00 contract to construct two story single family homes on these
Pursuant to Item No. 34, C.C.P. 6/27/00 Your Honorable parcels. Title to these parcels will be transferred from James
Body approved the abandonment and sale of 13,975 square Management to the purchasers listed below.
feet of Dearborn Street to Lewmar Properties, LLC 1721 Property Address Client Name
Niagara Street, Buffalo, New York 14207. The abandonment 44 Peckham Christine Royston
and sale is subject to the following conditions: Lot Size: 23'x 120'
1. The final closing and abandonment of the street will not 46 Peckham
become final until the deed of transfer is filed in the Erie Lot Size: 27'x 120'
County Clerk's Office. 103 Spruce Shirley Brunson
2. Acceptable easements or other agreements shall be made Lot Size: 25'x 106'
between the purchaser and any public or private utilities that 105 Spruce
presently have legal overhead or underground lines, mains Lot Size: 25' x 106'
or cables within the right-of-way. 375 Walnut Christopher White
An independent appraisal of the property was conducted by Lot Size: 25' x 113'
Ronald J. Rubino, MAI of G.A.R. Associates, Inc. He has 386 Walnut Lori Crawford
estimated the value of the property to be Fourteen Thousand Lot Size: 25'x 106'
Dollars ($14,000.00). The appraisal report has been The Division of Permit and Inspection Services and Division
reviewed by the Appraisal Review Board. They are in of Collections have been contacted. There are no property
agreement with the Appraiser's estimate of value and
code violations, taxes or other liens owed to the City of The Division of Permit and Inspection Services and Division
Buffalo by the homesteader. of Collections have been contacted. There are no property
We, therefore, recommend the city-owned vacant lots be code violations, taxes or other liens owed to the City of
designated as Homestead Properties and be transferred to Buffalo by the homesteader.
James Management Company, Inc. on the following We, therefore, recommend the city-owned vacant lots be
conditions; 1) the specified structure be erected on the designated as Homestead Properties and be transferred to
premises within twelve (12) months; 2) the structure be Burke Brothers Construction, Inc. on the following
occupied by the purchasers mentioned for a period of not conditions; 1) the specified structure be erected on the
less than thirty-six (36) months. premises within twelve (12) months; 2) the structure be
Mrs. LoTempio Moved: That the city owned property known occupied by the purchaser, Sally Miller for a period of not
as 44 Peckham, 46 Peckham, 103 Spruce, 105 Spruce, 375 less than thirty-six (36) months.
Walnut and 386 Walnut be and they are designated as REFERRED TO THE COMMITTEE ON COMMUNITY
Homestead Properties and be transferred to James DEVELOPMENT
Management Company, Inc on the conditions that the
speafied structure be erected on the premises within 12 NO. 18
months the structure be occupied by the purchaser TRANSFER OF TITLE
mentioned in the above communication for a period not less URBAN HOMESTEAD PROGRAM
than 36 months. PASSED AYES - 12 - NOES - 0 20 WAKEFIELD
PASSED (CITY-OWNED VACANT LOT, 30' X 115')
AYES - 11 NOES - 0 The Office of Strategic Planning, Division of Real Estate, has
surveyed the City owned vacant lot at 20 Wakefield Avenue,
NO. 16 Buffalo, New York, parcel is 30' x 115' in dimension; and it
TRANSFER OF TITLE has been determined this parcel is inappropriate for either
URBAN HOMESTEAD PROGRAM the construction of new housing or needed for public
214 LOCUST purpose.
(CITY-OWNED VACANT LOT, 25' X 100') Ms. Dondrell Vance resides at 24 Wakefield Street, Buffalo,
The Office of Strategic Planning, Division of Real Estate, New York 14214 has indicated she will clean, improve and
has surveyed the City owned vacant lot at 214 Locust Street, maintain the lot at 20 Wakefield Avenue in the event she
Buffalo, New York, parcel is 25' x 100' in dimension; and it obtains title to the property under the Urban Homestead
has been determined this parcel is inappropriate for either Program.
the construction of new housing or needed for public The Department of Permit and Inspection Services and the
purpose. Division of Collections have been contacted. There are no
Mr. Roderick Sims resides at 216 Locust Street, Buffalo, property code violations, taxes or other liens owed to the
New York 14204 has indicated he will clean, improve and City of Buffalo by the homesteader.
maintain the lot at 214 Locust Street in the event he obtains We, therefore, recommend the City-owned vacant lot be
title to the property under the Urban Homestead Program. designated as a Homestead Property and be transferred to
The Department of Permit and Inspection Services and the Ms. Dondrell Vance on the condition the property is cleaned
Division of Collections have been contacted. There are no and improved within six (6) months and maintained in a
property code violations, taxes or other liens owed to the sanitary manner.
City of Buffalo by the homesteader. Mrs. LoTempio Moved: That the city owned property owned
We, therefore, recommend the City-owned vacant lot be property known as 20 Wakefeild be and hereby is
designated as a Homestead Property and be transferred to designated as Homestead property and be transferred to Ms
Mr. Roderick Sims on the condition the property is cleaned Randall Vance on the condition that the property is cleaned
and improved within six (6) months and maintained in a and improved within 6 months and maintained in a sanitary
sanitary manner. manner. PASSED
REFERRED TO THE COMMITTEE ON COMMUNITY AYES - 11 - NOES - 0
DEVELOPMENT
FROM THE COMPTROLLER
NO. 17 NO. 19
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM CERTIFICATE OF NECESSITY
334 MONROE (CITY VACANT LOT, TRANSFER OF FUNDS
DIMENSIONS 30'X 109' COMMON COUNCIL - LEGISLATIVE
ASSESSED VALUATION: $1,500. We, Anthony M. Masiello, Mayor and Andrew A.
338 MONROE (CITY VACANT LOT, SanFilippo, Comptroller,
DIMENSIONS 30'X 109' do hereby certify, pursuant to §20-12 of the Charter, that it is
ASSESSED VALUATION: $1,500. necessary that the sum of $6,000 be transferred and
The Office of Strategic Planning has surveyed the reappropriated within Common Council Legislative, as set
city-owned vacant lots at 334 and 338 Monroe Street, the forth below:
parcels being 30'x 109' each in dimension; and are not From:
needed for public purpose or future development. 10 107001 - 411001 Salaries - Regular $6,000
Burke Brothers Construction, Inc., S-5540 Southwestern To:
Boulevard, Hamburg, New York 14075 has requested to 10 102001 - 412002 Legislative Hourly Salary $6,000
homestead the above subject City-owned vacant lots in Dated: Buffalo, NY, December 11, 2003
order to construct a single family market rate home. RECEIVED AND FILED
The home to be constructed will be approximately 1,250
square feet of living area situated on the lots being combined NO. 20
having a frontage of 60'and a depth of 109'. The sales price CERTIFICATE OF NECESSITY
of the home is eighty eight thousand dollars ($88,000). TRANSFER OF FUNDS
There will be no subsidies involved in the purchase of the GENERAL CITY CHARGES
home. The purchaser is Sally Miller.
We, Anthony M. Masiello, Mayor and Andrew A. I submit the attached report of bids received which were
SanFilippo, Comptroller, do hereby certify, pursuant to opened in my office at 11:00 a.m. on November 5, 2003.
Section 20-12 of the Charter, that it is necessary that the M.C.S. Remedial Services
sum of $50,000.00 be transferred and reappropriated from $345,000.00
Capital Projects Planning, as set forth below: 3907 North Buffalo Rd.
From: Orchard Park, NY 14127
30000106-Planning Capital Projects 445100-Planning Rusmar Enviromental Corporation
Capital Projects $428,600.00
$50,000.00 703 Atlantic Ave.
To: Rochester, NY 14609
36320706-Improvements Fire Station 445100- AAC Contracting, Inc.
Improvements Fire Station $489,000.00
$50,000.00 8 Cairn St.
Certificate of Necessity Rochester. NY 14611
$50,000-00 Arric Corporation
RECEIVED AND FILED $489,500.00
5033 Transit Rd.
FROM THE PRESIDENT OF THE COUNCIL Depew, NY 14043
No. 21 I certify that foregoing is a true and correct statement of all
Council President Pitts- Various Assessed Values bids received and the
Available in the City Clerks Office for review M.C.S. Remedial Services is the lowest responsible bidder
REFERRED TO THE SPECIAL COMMITTEE ON BI-complying with the specifications
NATIONAL BRIDGE I respectfully request that your Honorable Body authorize the
Commissioner of Public Works, Parks and Streets to enter
into a contract with M.C.S. Remedial the cost thereof to be
NO. 22
charged to the Division of Water capital bond account
Ratification of Scoping Document/Alternative Screening
53190676 in the amount of
Report
$345,000.00.
We are writing in response to issues raised at the
Mrs. Lo Tempio Moved:
City Council's 4 December 2003 Public Hearing and at the
That the above communication from the Commissioner of
11 December 2003 meeting of the Bi-National Bridge Task
Public Works, Parks and Streets dated December 23, 2003,
Force Committee Meeting.
be received and filed; and
Enclosed are detailed responses to the following major
That the Commissioner of Public Works, Parks and Streets,
issues:
be, and he hereby is authorized to award a contract for the
A. Ambassador Bridge Comments
Hazardous Waste Remediation Project Contract No. 54-R at
B. International Railroad Crossing
the Colonel Ward Treatment Facility, to M.C.S. Remedial
C. Payment in Lieu of Taxes (PILOT)
Services, the lowest responsible bidder, in the amount of
D. Peace Bridge effects on the Buffalo Metropolitan
$345,000.00. Funds for the project are available in the
economy
Division of Water capital bond account 53190676.
E. Air Quality and Public Health
PASSED
F. Mark Mitskovski's Comments
AYES - 11 - NOES - 0
Twenty copies of this letter and enclosures are forwarded
herewith to facilitate distribution to Council Members.
NO. 24
We ask that the Council consider these responses when
Report of Bids
addressing actions related to ratification of the Scoping
City Wide Street Tree Removal
Document.
Winter - 2003-2004
The Peace Bridge Authority has long taken the position that
Group #617
they intend to be a part of improving the local community
This is to advise your Honorable Body that I have
through this project. They have begun that process in
advertised and received bids for City-Wide Street Tree
coordination meetings with City representatives, negotiations
Removal, Winter of 2003-2004, Group #617.
with the City and New York State Assembly persons
In obtaining bids for the above project I have asked for bids
regarding eminent domain legislation, and they will continue
on a unit price covering the various items of work and
in cooperation with the City of Buffalo in developing plans of
material which will be performed, The final cost of the work
action compatible with the developing project plan and City
will be based on the actual measured quantities of materials
land use planning.
entering into the work and may be either more or less than
We trust that the information we have provided will assist
the total bid.
you in reaching a well informed decision. If you have any
The following bids were received:
questions please call me at your convenience.
Base Bid Unit Price
REFERRED TO THE SPECIAL COMMITTEE ON BI-
Increase
NATIONAL BRIDGE
ABC Tree/Manko Cons Services 152,675.00
167.942.50
FROM THE COMMISSIONER OF PUBLIC WORKS,
192 Witmer Rd.
PARKS AND STREETS
N. Tonawanda, NY 14120-2444
NO. 23
Schneck's Tree Removal, Inc. 183,818.00
Report of Bids
202,200.00
Hazardous Waste Remediation
2861 Southwestern Blvd.
Contract No. 54-R
Orchard Park, NY 14127
Plans and specifications were prepared and sealed
Specialized Tree Service 199,361.50
proposals accepted for the Hazardous Waste Remediation
219,297.50
Project Contract No. 54-R at the Colonel Ward Treatment
P.O.Box 460
Facility.
East Aurora, NY 14052
Draves Tree Service 249,840.00 No. 26
274,824.00 C. Destro Development
1821 Sharrick Rd. Emergency Watermain Repairs
Darien Center, NY 14040 Michigan Ave.
*Adjusted Amount I hereby submit to our Honorable Body the following
I hereby that the lowest responsible bidder for the above emergency repair costs for waterline and road repairs for the
project is ABC Tree/Manko Cons Services. I respectfully above referenced streets resulting from a rupture of a 36”
recommend that your Honorable Body authorize a contract concrete watermain:
award in the amount of 167,942.00 (152,675.00 Base Bid + Unit Quantity Unit Price
10% unit price increase 15,267.50 = Total Award Total
$167.942.50). Funds for this work are in Capital Project 02.11 OA Unclassified Excavation CY 100 $15.00 $1,500.00
Account 13112007 - 473010 . The engineer's estimate for 02.110B Unclassified Excavation SF 180 $1.00 $180.00
this work is 185,000 and a list of locations is attached. 03.110 Select Fill CY 360 $30.00
Mrs. LoTempio Moved: $10,800.00
That the above communication from the Commissioner of 03.21 OB Subbase CY 150 $25.00
Public Works, Parks and Streets dated December 15, 2003, $3,750.00
be received and filed; and 403.13 Asphalt binder TON 130 $75.00
That the Commissioner of Public Works, Parks and Streets, $9,750.00
be, and he hereby is authorized to award a contract for 05.428 Sawcutting LF 100 $4.00
City-Wide Street Tree Removal, Winter of 2003-2004, Group $400.00
#617, to ABC Tree/Manko Cons. Service, the lowest R05.204 Concrete sidewalk SF 600 $4.00
responsible bidder, in the amount of $167,942.00 $2,400.00
($152,675.00 Base Bid + 10% unit price increase $15,267.50 R07.506 Concrete curb LF 100 $30.00
Total Award $167,942.50). Funds for the project are $3,000.00
available in the Capital Project Account 13112007-473010. 08.112 12" PVC sewer pipe LF 76 $75.00
Passed. $5,625.00
AYES - 11 - NOES - 0 08.115 15" RCP sewer pipe LF 76 $100.00
$7,500.00
No. 25 08.210 Underdrain LF 100 $5.00
Change in Contract - Emergency Repair $500.00
Amstar of Western New York 09.110 10" ductle iron LF 95 $100.00
Contract #92010741 $9,500.00
I hereby submit to Your Honorable Body the 09.930 Fire hydrant EA 1 $2,500.00
following change order for emergency repairs to the $2,500.00
Manhattan Treated Water Storage Tank. The work includes 09.236RI Replacement kit EA 1 $15,000.00
investigations in the significant and increasing leakage $15,000.00
observed from the Manhattan Treated Water Store Facility 09.236R2 39'Concrete Pipe EA 2 $7,500.00
floor which has raised concerns for potentially structural $15,000.00
damage. The emergency repair and testing includes seam xx.xxx Disinfection LS 1 $1.00
particle analysis to identify leaks, seam weld repair, a $1.00
restoration of foundation sand, sand blasting, painting, and TV.xxx TV of sewer line LF 420 $3.00
disinfection of the treat water storage tank. The cost for this $1,260.00
work is $137,200.00 09.510 Water valves EA 1 $1,200.00
Contract Amount $1,516,261.00 $1,200.00
This Change Order 137,200.00 10.110 Street lighting relocation EA 1 $1,500.00 $1,500.00
Total Contract 11.110 Seed and fertilizer SF 750 $0.20
$1,653,461.00 $150.00
Funds are available in a Division of Water account 12.110Traffic control LS 1 $10,000.00
53180656. $10,000.00
I respectfully certify that this charge order is fair and 12.410 Pavement stripes LF 180 $2.00
equitable for the work involved, and respectfully request that $360.00
Your Honorable Body approve the subject change order and 90.500 Misc. construction LS 1 $10,000.00
authorize the Commissioner of Public Works, Parks & $10,000.00
Streets to issue said change order to Amster of Western Total $111,876.00
New York. Permission is requested from Your Honorable Funds are available in Division of Water accounts 53008207
Body authorize the increase contract as stated above. 470001 and 53008207 470002.
Mrs. LoTempio Moved: I respectfully certify that this work is fair and equitable, and
That the above communication from the Commissioner of we respectfully request your Honorable Body's approval and
Public Works, Parks and Streets dated December 23, 2003, authorize the Commissioner of Public Works to issue
be received and filed; and payment to C. Destro Development upon completion of the
That the Commissioner of Public Works, Parks and Streets repairs
be, and he hereby is authorized to issue a change order, to Mrs. LoTempio Moved:
Amstar of Western New York, an increase in the in the That the above communication from the Commissioner of
amount of $137,200.00, as more fully described in the above Public Works, Parks and Streets dated December 23, 2003,
communication, for work relating to Manhattan Treated be received and filed; and
Water Storage Tank, Contract #92010741. Funds for this That the Commissioner of Public Works, Parks and Streets
project are available in Division of Water 53180656. be, and he hereby is authorized to award an emergency
PASSED repair contract resulting from a rupture of a 36" concrete
AYES - 11 - NOES - 0 watermain to C. Destro Development, as more fully
described in the above communication. Funds for this project street lighting services then custom Lighting will be allowed a
are available in Division of Water accounts 53008207 one-time fee of $20,000. for work performed in the course of
470001 and 53008207 470002. evaluating the City system and negotiating with the utility
Passed (NIMO). If the City accepts the proposal, no fee will be due
AYES - 11 - NOES - 0 to Custom Lighting.
Permission is therefore requested for our department to
No. 27 enter into agreements with Custom Lighting Services and
Emergency Watermain/Road Repairs authorization of the $20,000. fee if necessary from our
A. Hertel Avenue - Starin to Main Capital Project Account #30032106.
B. Bailey/William. REFERRED TO THE COMMITTEE ON FINANCE
I hereby submit to our Honorable Body the
following emergency repair costs for waterline and road NO. 29
repairs for the above referenced streets. The project costs Permission to Hire Consultant
have been split between the Water Department and Buffalo City Hall Facade Reconstruction
Sewer Permission is hereby requested from Your Honorable
Authority as follows: Body to retain a consultant to prepare plans and
A: The Repair of the 16" Watermain that was done in specifications and provide construction assistance for the
conjunction with the Buffalo Sewer Authority Project on First Phase of the City Hall Facade Reconstruction. This
Hertel Avenue - Starin to Main project was approved as part of the 2003-2004 Capital Plan.
B. Pavement repairs @ Bailey/William resulting from a Mrs. LoTempio Moved:
watermain break. That the above communication from the Commissioner of
Chart available in the City Clerks Office for review. Public Works, Parks and Streets dated December 16, 2003
Funds for these emergency repairs are available in Buffalo be received and filed; and
Water Authority Capital Bond Account#53180636. That the Commissioner of Public Works, Parks and Streets
I respectfully certify that this work is fair and equitable, and be, and he hereby is authorized to hire a consultant to
we respectfully request that your Honorable Body prepare plans and provide construction assistance for the
approve the subject emergency order and authorize the First Phase of the City Hall Fagade Reconstruction.
Commissioner of Public Works to issue the work to Janik Passed.
Paving, Inc. AYES - 11 - NOES - 0
Mrs. LoTempio Moved:
That the above communication from the Commissioner of No. 30
Public Works, Parks and Streets dated December 23, 2003, Snow Removal Plan
be received and filed; and Item No. 46, C.C.P. 12/09/03
That the Commissioner of Public Works, Parks and Streets, In the referenced item, Council Member Thompson has
be, and he hereby is authorized to award a contract for the requested that several Masten District streets be added to
emergency repair costs for waterline and road repairs for the snow removal plan as primary or secondary streets. The
Hertel Avenue - Starin to Main, Bailey/William, to Janik requested changes would add approximately 60 lane miles
Paving, Inc., the lowest responsible bidder, in the amount of of primary streets, and 30 lane miles of secondary streets.
$106,937.91. Funds for the project are available in Buffalo Please be advised that the current listings of primary and
Water Authority Capital Bond Account secondary streets are an indication of the streets that we can
Passed. do during storm events based on our current manpower and
AYES - 11 - NOES - 0 equipment. It is not possible to add significant lane miles to
either list without adding additional forces and equipment, or
No. 28 eliminating other streets from each listing.
Permission to Enter into Agreements If it is the Council's desire to have the streets suggested by
Custom Lighting Services Council Member Thompson added to the referenced lists, an
#32 of CCP 9/30/03 equal amount of lane miles will need to be identified that will
Previously Your Honorable Body authorized our be removed from these lists. We simply do not have enough
department to take proposals in regard to potential energy equipment or manpower to increase the amount of streets
and operational savings related to the street lighting system on the primary or secondary streets.
in the City of Buffalo. Our department has received a REFERRED TO THE COMMITTEE ON LEGISLATION
proposal from Custom Lighting Services of Kansas City, MO.
This proposal contains a business plan that will generate a NO. 31
minimum 10% savings to the City in regard to operation and Certificate of Appointment
maintenance of the City's street lighting system. Key Appointment Effective: 12/15/03 in the Department of
components of the business plan include: DPW Division of Streets to the Position of Laborer I
-An appraisal / value of the existing system. PERMANENT NON-COMPETITIVE MAXIMUM
-Develop a purchase price to acquire those components Starting Salary of $25,529
owned by NIMO. William Ciezzynski 23 Cliff St. Buffalo, NY 14206
-Costs to upgrade the existing system. REFERRED TO THE COMMITTEE ON CIVIL SERVICE
-Total cost of existing systems replacement.
-A schedule for acquisition of street lighting assets. FROM THE COMMISSIONER OF POLICE
- A comprehensive maintenance plan.
Terms of the proposal call for Custom Lighting Services to NO. 32
execute a contract with the City for maintenance and Firearms Exchange Agreement
contracting services for a period equal to the financing term Attached please find a firearms exchange proposal
for the acquisition of the assets or replacement of the system between the City of Buffalo Police Department and Eagle
with a minimum savings of 10% to the City of Buffalo. If the Point Gun/TJ Morris and Son. This proposal encompasses
business plan demonstrates a minimum savings of 10%, and an exchange of Ithaca pump action shotguns at least thirty
the City does not contract with Custom Lighting to provide years of age, plus other excess or obsolete weapons for
modem day Bennelli Nova pump action shotguns. This Thousand Dollars ($4,000) and is filing this item for
exchange will allow the Department to upgrade its firearms informational purposes only.
inventory and provide patrol Officers with a more efficient RECEIVED AND FILED
and safer weapon. The weapons currently in use are both
obsolete and undependable. Repairs are difficult and FROM THE COMMISSIONER OF PERMIT & INSPECTION
expensive to perform due to the age of the weapons. As a SERVICES
result of the new PBA agreement establishing one Officer NO. 35
patrol cars, the Department is now required to have a SECOND HAND DEALER
shotgun in every patrol vehicle. This agreement bears no 1181 HERTEL
cost to the City of Buffalo, as the vendor will be accepting Pursuant to Chapter 254 of the City of Buffalo Ordinances,
Departmental weapons in their cur-rent condition and for the please be advised that I have examined the attached
quantities indicated. This contract is the culmination of application for a Second Hand Dealer License located at
approximately three months of research and investigative 1181 Hertel and find that as to form is correct. I have caused
work performed by Buffalo Police Department Range an investigation into the premises for which said application
Officers, legal staff and the Administration and Finance area. for a second hand dealer license is being sought and
If you have any further questions, please contact Captain according to the attached reports from the Zoning Office,
Patrick Mann at 851-4529 or Budget Examiner John Fire Department and Building Inspections, I find it complies
Stanchak at 851-5903. with all regulations and other applicable laws. I have caused
REFERRED TO THE COMMITTEE ON FINANCE AND THE an investigation by the Police Department into the moral
CORPORATION COUNSEL character of Jordan Ali. The attached thereto for Jordan Ali
d/b/a Jordan's Furniture. This request is submitted for your
FROM THE COMMISSIONER OF FIRE approval or whatever action you deem appropriate.
Mrs. LoTempio moved:
NO. 33 That the above communication from the Commissioner of
Engine 16 and Engine 18 Pen-nit and Inspections Services dated December 5, 2003
The City of Buffalo and Common Council have be received and filed; and
conducted two independent studies, one by MMA That pursuant to Chapter 254 of the City Code, the
Consultants and one by UB Geography Department. Based Commissioner of Permit & Inspections Services be, and he
upon their findings, my recommendation is that Engine 16 hereby is authorized to grant a Second Hand Dealer license
and Engine 18 be permanently closed. to Jordan Ali, d/b/a Jordan's Furniture at 1181 Hertel
REFERRED TO THE COMMITTEE ON BUDGET Avenue.
PASSED
FROM THE CORPORATION COUNSEL AYES - 11 NOES - 0
NO. 34 NO. 36
Settlement of Property Damage Claim SECOND HAND DEALER
This is to advise the Common Council of a property 111O LOVEJOY
damage settlement. Pursuant to Chapter 254 of the City of Buffalo Ordinances,
On June 2, 2003, Thomas C. Williamson drove his vehicle at please be advised that I have examined the attached
a high rate of speed into a City owned guard rail on application for a Second Hand Dealer License located at
Fuhrmann Boulevard- His vehicle went airborne and landed 1110 Lovejoy and find that as to form is correct. I have
upside down in Lake Erie. Mr. Williamson was pulled from caused an investigation into the premises for which said
his vehicle and taken by ambulance to ECMC. Based upon application for a second hand dealer license is being sought
the police investigation, it appears that Mr. Williamson and according to the attached reports from the Zoning
intentionally drove, into Lake Erie in an attempt to commit Office, Fire Department and Building Inspections, I find it
suicide. He was experiencing family difficulties and had an complies with all regulations and other applicable laws. I
argument with his wife, the night before. have caused an investigation by the Police Department into
In June, 2003, the City of Buffalo Public Works, Parks & the moral character of Frederick Ciapa. The attached thereto
Streets Department hired a contractor to repair the guardrail for Frederick Ciapa d/b/a Badda Bing's Household Thing.
at a cost of $10,200. The guardrail has been repaired. The This request is submitted for your approval or whatever
City filed a claim with Mr, Williamson's insurance company, action you deem appropriate.
Progressive Insurance, seeking reimbursement. Progressive Mrs. LoTempio moved:
initially denied coverage on the basis that the damage was That the above communication from the Commissioner of
caused by Permit and Inspections
an intentional act of their insured rather than an - accident" Services dated December 9, 2003 be received and filed; and
where there would be coverage. After a series of telephone That pursuant to Chapter 254 of the City Code, the
conferences and correspondence, Progressive Insurance Commissioner of Permit & Inspections Services be, and he
offered the sum of Four Thousand Dollars ($4,000) payable hereby is authorized to grant a Second Hand Dealer license
to the City of Buffalo to settle the case. Based upon legal to Frederick Ciapa d/b/a Badda Bing's Household Thing
research by the Law Department, it appears that Progressive located at I I 10 Lovejoy.
could prevail on the theory that there is no insurance PASSED
coverage based upon the facts of this case, It also does not AYES - 11 NOES - 0
appear that Mr. Williamson has assets with which to pay the
damage himself Progressive is willing to settle in order to NO. 37
save the costs of litigating the coverage issue. In addition, SECOND HAND DEALER
the settlement will save the City of Buffalo the legal costs of 2495 MAIN
a lawsuit seeking recovery of the damages. Pursuant to Chapter 254 of the City of Buffalo Ordinances,
Pursuant to Section 3-24 of the City Charter, the Law please be advised that I have examined the attached
Department has settled this claim for the sum of Four application for a Second Hand Dealer License located at
2495 Main and find that as to form is correct. I have caused
a investigation into the premises for which said application CERTIFICATE OF APPOINTMENT
for a second hand dealer license is being sought and Appointment Effective December 1, 2003 in the
according to the attached reports from the Zoning Office, Department of
Fire Department and Building Inspections, I find it complies Administration and Finance, Division of Parking Enforcement
with a regulations and other applicable laws. I have caused To the position of Parking Enforcement Officer,
an investigation by the Police Department into the moral PROVISIONAL
character o Barry Cohen. The attached thereto for Barry Apppointment at the Starting Salary of $27,218
Cohen d/b/a Midcity Office Equipment Inc. This request is REFERRED TO THE COMMITTEE ON CIVIL SERVICE
submitted for your approval or whatever action you deem
appropriate. FROM THE BOARD OF EDUCATION
REFERRED TO THE COMMITTEE ON LEGISLATION NO. 42
GOODWIN-CONCERNS
NO. 38 COMMENTS-PERMANENT RECORDS"
USED CAR DEALER "C. FISHER-CL KIRKLAND-CONCERNS
160 ABBOTT SCHOOL #8 CLOSING"
Pursuant to Chapter 254 of the City of Buffalo Ordinances, ITEM NO. #41 C.C.P. 12/9/03
please be advised that I have examined the attached Item #40, C.C.P. 12/9/03, "C. Fisher-D. Goodwin-Concerns-
application for a Used Car Dealer License located at 160 Comment s-Permanent Records".
Abbott and find that as to form is correct. I have caused an Report cards were re-issued to all students with comments
investigation into the premises for which said application for removed. This situation has been rectified to the parent's
a used car dealer license is being sought and according to satisfaction.
the attached reports from the Zoning Office, Fire Department Item #41, C.C.P. 12/9/03, "C. Fisher-C.L Kirkland-Concerns-
and Building Inspections, I find it complies with all School #8 Closing"
regulations and other applicable laws. I have caused an The parent attended the community meeting on Monday,
investigation by the Police Department into the moral December 15, 2003 to voice her concerns and submit the
character of Allen Traveis. The attached thereto for Allen petition. The information will be logged in with the other
Travels. d/b/a Valu Muffler & Brake. This request is comments made during the various community meetings
submitted for your approval or whatever action you deem and reviewed by the Building Usage Committee.
appropriate. REFERRED TO THE COMMITTEE ON EDUCATION
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE BUFFALO ECONOMIC RENAISSANCE
FROM THE COMMISSIONER OF ADMINISTRATION AND CORPORATION
FINANCE NO. 43
NO. 39 (ITEM # 210, C.C.P. DECEMBER 9, 2003)
CREATION OF A CITY VALET PARKING ZONE "REQ. ADM. TO FILE PLANS FOR OLD
ITEM #116, C.C.P. NOV. 25,2003 REPUBLIC STEEL
Valet parking is a parking system utilized across the country "TOMATO PLANT PARCEL"
especially in entertainment districts for convenience to the BERC is in receipt of your December 10, 2003 request for
parker. My suggestions as to how this valet process should plans and information on the above referenced.
be operated is as follows: Please note that BERC ground leased the property to Agro,
Valet parking would be in operation basically from 5:OOPM Power Development Inc. back in 1997 for a 15 year lease
to 4:OOAM. If a business has 1 meter or more located in term with one five (5) year extension option. Tenant made
front of their business they can purchase a valet permit to tenant owned improvements costing several million dollars.
park vehicles in front of their business and any other Although tomato production has apparently ceased, the
vehicles or persons frequenting the business can be valeted tenant is current in rent payments ($14,228.00 per year) and
from the immediate location to an off street parking area by a the ground lease does not provide BERC with any specific
valet attendant. The valet company should wear a reflective ground lease cancellation rights under the current
vest (valet attendant) while directing valet parking and circumstances. Alternative users have approached BERC
should utilize a valet ticket system for control. over the past few years through Stewart Levy, a consultant
A fee must be established in order for a business to utilize to BERC. Further update, communication and follow-up
valet parking whether it's an employee of the business or a response to the above referenced Common Council request
hired firm to conduct valet parking. The City of Buffalo could will be made shortly.
indicate on meter poles the hours of valet parking or meter REFERRED TO THE COMMITTEE ON LEGISLATION
bags can be purchased indicating the same. FROM THE CITY CLERK
Vehicles shall only be valeted to off street parking areas.
The reason for this being you will reduce the on street NO. 44
parking for patrons visiting various areas. DISPOSITION OF RECORDS
REFERRED TO THE COMMITTEE ON LEGISLATION Attached please find the following disposition of records
from the following departments: COMMUNITY SERVICES
NO. 40 HUMAN RESOURCES COMMUNITY DEVELOPMENT
CERTIFICATE OF APPOINTMENT STADIUM AND AUDITORIUM AUDIT & CONTROL
Appointment Effective December 22, 2003, in the COMMON COUNCIL PUBLIC WORKS
Department of Administration and Finance, Division ofASSESSMENT/TAXATION POLICE HEADQUARTERS
Parking Enforcement to the Position of Supervising GENERAL SERVICES PERMITS AND INSPECTIONS
Hearing Examiner, TEMPORARY SERVICES STREETS AND SANITATION
APPOINTMENT at the flat Starting Salary of. $122.00 ADMINISTRATION AND FINANCE FIRE
Randall J. Kay, 6 McKinley Circle, Buffalo, 14220 RECEIVED AND FILED.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 45
NO. 41 LIQUOR LICENSE APPLICATIONS
Attached hereto are communications from persons Appointment Effective December 15, 2003 in the
applying for liquor licenses from the Erie County Alcohol Department of
Beverage Control Board. Administration and Finance, Division of Parking Enforcement
Address Business Name Owner's Name to the Position of, Laborer II, SEASONAL APPOINTMENT at
245 Abbott Rd Gaelic American Athletic Patrick Kelle the minimum Starting Salary of $8.15/hour
125 Main St Sean Murphy Sean Murphy Steven Schroeder, 539 Linwood Carriage House, Buffalo,
1727 Southpark Russillo's Deli Frank Russillc 14209
RECEIVED AND FILED
CERTIFICATE OF APPOINTMENT
NO. 46 Appointment Effective December 6, 2003 in thc
LEAVES OF ABSENCE WITHOUT PAY Department of
I transmit herewith notifications received by me, reporting Public Works, Division of Recreation to the position of
the granting of the leaves of absence without pay, in the Special Service Instructor III, SEASONAL appointment at
various departments as listed: the FLAT
Police- Idella Abram Starting Salary of $16.38/hr
RECEIVED AND FILED. Joan Disbrow, 171 Villa, Buffalo 14216
NO. 47 NON-OFFICIAL COMMUNICATIONS, PETITIONS
REPORTS OF ATTENDANCE AND REMONSTRANCES
I transmit herewith communications received by me, from NON-OFFICIAL COMMUNICATIONS
the various boards, commissions, agencies and authorities
reporting the membership attendance at their respective NO. 50
meetings: BUFFALO FISCAL STABILITY AUTHORITY-HIRING
X Buffalo Sewer Authority FREEZE ORDERED ON CITY OF BUFFALO
x City Planning Board Dear Ms. Davis:
RECEIVED AND FILED. Attached is a copy of Resolution 03-70 HIRING FREEZE
ORDERED ON CITY OF BUFFALO approved by the Buffalo
NO. 48 Fiscal Stability Authority (BFSA) at the December 15, 2003
NOTICES OF APPOINTMENTS - COUNCIL INTERNS Board meeting. Only those positions necessary to protect
I transmit herewith appointments to the position of Council the health and safety of the City, is required to comply with
Intern. the City Charter, will prevent the use of excessive overtime
Mrs. LoTempio moved the approval of the appointments to or will produce revenue in excess of the cost of filling the
the position of Council Intern. position, may be exempted from the freeze, subject to the
ADOPTED approval of BFSA Chairman Thomas E. Baker.
The hiring freeze is imposed through the January 21, 2004
CERTIFICATE OF APPOINTMENT meeting of the BFSA at which time it will be reconsidered on
Appointment EffectiveNovember 09, 2003 the basis of the City's progress in implementing the financial
in the Department of Common Council plan which has been approved by the BFSA, including the
to the Position of Intern IV, Seasonal, Non Competitive at the elimination of any projected deficits through recurring cost
flat Starting Salary of $10.00/hr reductions or revenue enhancements.
Non-Competitive Regarding the information we prepare on the City's financial
William Cieszynski, 23 Cliff St, Buffalo, NY 14206 situation, these documents are being posted on the BFSA
web site as soon as possible.
CERTIFICATE OF APPOINTMENT Thank you for your interest in the activities of the BFSA.
Appointment Effective November 24, 2003, in the Please let me know if you have
Department of COMMON COUNCIL to the Position of any questions about the attached resolution.
INTERN IV, SEASONAL, NON-COMPETITIVE at the flat Dorothy A. J -so
Starting Salary of: $6.00/HR Executive Director
Perry, Kareemah R., 188 East Utica Street, Buffalo, NY Resolution No. 03-70
14208 HIRING FREEZE ORDERED ON CITY OF BUFFALO
Bishop, David, Jr., 19 Gerhardt, Buffalo, NY 14208 WHEREAS, Chapter 122 of the laws of 2003 requires the
City of Buffalo to submit a four-year financial, plan to the
NO. 49 Buffalo Fiscal Stability Authority CBFSA') on September
NOTICES OF APPOINTMENTS - SEASONAL/FLAT 1,2003,and
I transmit herewith certificates received by me, reporting WHEREAS, the City of Buffalo submitted a Four-Year
seasonal and flat salary appointments made in various Financial Plan (Buffalo Plan") dated September 1, 2003 on
departments. September 2, 2003 to the BFSA, and
RECEIVED AND FILED. WHEREAS, the City of Buffalo submitted its second Revised
Financial Plan on October 16,2003,and
CERTIFICATE OF APPOINTMENT WHEREAS, on October 21, 2003 the BFSA approved the
Appointment Effective: December 12, 2003 in the Revised Plan and determined that it was complete and
Department of Public Works, Parks & Streets, Division of complied with the standards set forth in Sections 3857 and
Engineering to the Position of Bridge Operating Engineer, 3838 of the BFSA Act, and
Seasonal, Non-Competitive at the Flat WHEREAS, on November 10, 2003 the City of Buffalo
Starting Salary of: $10.25/hr submitted its first quarterly expenditure, revenue and cash
Robert A. Kreutinger, 50 Homer Place, Buffalo 14216 flow projection entitled First Quarter Gap Sheets, November
Phillip D. Kreuz, 257 Bedford Avenue, Buffalo 14216 10, 2003 ("First Quarter Report") as required by Section
3857 of the Act.
CERTIFICATE OF APPOINTMENT WHEREAS, at a regular meeting o the BFSA held on
November 18, 2003 City of Buffalo Commissioner of
Administration and Finance advised the BFSA that the City imposes on my tenants and other residents of Lovejoy St. on
had a negative variance of over two million dollars at the end the block between Greene St. and Bailey Ave.
of the first quarter. This section of Lovejoy is almost 100% residential with about
WHEREAS, Commissioner Milroy further advised the BFSA 50 single and double family homes. When this ban goes into
that it was necessary for the City to take certain budget effect, residents must park their cars sometimes three to four
actions, including a hiring freeze to attempt to bring the blocks away and walk to their apartments and houses. When
budget into balance. people have newborn babies like my single father tenant
WHEREAS, the BFSA was not satisfied with the accuracy who resides in my lower front unit, it means walking three
and completeness of the First Quarter Report dated blocks with the baby along with groceries and other sundry
November 10, 2002,and items. It means my upstairs single mother who starts work at
WHEREAS, on November 18, 2003 the BFSA rejected the 6:00 AM has to walk four blocks to warm up her car every
First Quarter Report for i failure to comply with the morning. It means having guests come to visit and having to
requirements of the Act, and first find a parking space and then walk the distance to the
WHEREAS, on December 1, 2003 the City of Buffalo house.
submitted a Revised First Quarterly expenditure, revenue All this inconvenience for what? As a taxpayer trying to
and cash flow projection entitled First Quarter Gap Sheets, survive doing business in the city and trying to be
December 1, 2003 ('Revised First Quarter Report"). responsible in maintaining my house, this is just another
WHEREAS, the Revised First Quarter Report shows a example of the problems we have to deal with owning
negative variance of $2.013 million dollars for the operations property in the city. This problem may not seem of major
of the City of Buffalo importance to you, but it is serious enough for the people
V4]EREAS, Section 3858(2)(C) authorizes the BFSA during who have to live here and are subjected to the
a control period to impose a hiring freeze upon a finding by consequences of this ban's imposition. I am quite sure I
the BFSA that a hiring freeze is essential to the maintenance could produce a multitude of letters from tenants and
of a financial plan and homeowners on the street who would like to see this ban
WBEREAS, Section 3858(2XO) further provides that the lifted. I have personally spoken to many of them and have
BFSA may, to the extent it deems it necessary or desirable their support and backing on this issue. Hopefully, an all out
in order to accomplish the purposes of the Act including but campaign will not be necessary to get the relief we seek.
not limited to the timely and satisfactory implementation of If the need to impose this ban stems from the fact that this is
an approved financial plan, issue an order to the appropriate a bus route, the only bus stop on the block is further down at
City official. Such order shall be binding upon the official to the comer of Bailey and E. Lovejoy, where there is a bar at
whom it is issued. the comer. Lifting the ban should not compromise bus
NOW, THEREFORE BE IT RESOLVED, that the BFSA finds service to the general public at all.
that the immediate imposition of a hiring freeze upon the City I hope you and the Common Council will understand and
of Buffalo is essential to the maintenance of the City of appreciate our concerns. Please give us the relief we seek in
Buffalo Revised Financial Plan and is necessary to this matter. Let us enjoy the full benefit of our living spaces
accomplish the purposes of the Act and to insure the timely and give us reason to continue living and doing business in
and satisfactory implementation of the Revised Financial the Lovejoy area and the City of Buffalo
Plan. REFERRED TO THE COMMITTEE ON LEGISLATION,
BE It ORDERED that the Mayor of the City of Buffalo shall COMMISSIONER OF PUBLIC WORKS ND THE
immediately impose a hiring freeze on all positions in the CORPORATION COUNSEL
City of Buffalo
BE IT FURTHER ORDERED that the Mayor may request NO. 52
that the hiring freeze be lifted and a position may be filled on D. BONIFACIO-DEC-
a case-by-case basis. In order to fill a position during the COMMENTS REGARDING THE PEACE BRIDGE
hiring freeze the Mayor must certify that the immediate filling EXPANSION
of a position is necessary to protect the health or safety of DRAFT SCOPING DOCUMENT ALTERNATIVE
the City of Buffalo, is required to comply with the City SCREENING REPORT
Charter, will prevent the use of excessive overtime by City 1.0 Points of Substantial Agreement
employees or will produce revenue in excess of the costs of 1.1 The City of Buffalo recognizes that the Peace
filling the position. The Chair of the BFSA may approve the Bridge Authority (PBA) has
filling of one or more positions if he is satisfied that it is conducted a very thorough public participation
necessary and appropriate based upon a review of all the process.
circumstances 1.2 The inclusion of the proposal for Shared Border
BE IT FURTHER ORDERED that the Mayor shall officially Management (SBM) in the Draft Scoping Document (DSD)
notify all Commissioners, Department Heads and any other as amended is required. Establishing the implementation
employee of the City of Buffalo who has the authority to hire, plan of SBM is of paramount importance to determining
that this ORDER imposing a hiring freeze has been issued sound land use commitment in the City of Buffalo and for the
by the BFSA and is in full force and effect. region.
This resolution shall take effect immediately. 1.3 Recently, substantial progress has been made in
REFERRED TO THE COMMITTEE ON BUDGET the evolution of alternatives which give consideration to
public comment. Alternative EBNP-lD significantly reduces
NO. 51 the transgression of the plaza and commercial truck
PARKING BAN PROBLEM activities into the residential neighborhood. Further study of
LOVEJOY DISTRICT EBNP-lD in conjunction with SBM processes will have the
I am writing this letter in the hope that you and the potential to mitigate many of the adverse effects on the
Common Council can alleviate a burdensome problem with community.
the parking ban, which goes into effect each year on Lovejoy 1.4 The DSD appears to have substantially identified
St. It lasts from November 15 to April 15 1h. I own a 4-unit all relevant issues to be studied as part of the Draft
apartment building at 1026 Lovejoy and I am constantly Environmental Impact Statement (DEIS).
losing tenants because of the inconvenience this ban
3.0 Environmental Issues Requiring 3.5.3 The efficiency improvements and projects
Specific Study in Consideration characterized as baseline
of Alternatives through Draft Environmental conditions should be assessed against the original studies of
Impact Statement traffic and
3.1 Financial transportation issues to ensure that the influences were
3. 1.1 The financial assistance and calculated and
development by the Federal Government considered.
should be explained to address the City's 3.5.4 The SBM process will require specific modeling in the
concerns. There is existing traffic study. The
authority for this municipal request in Executive elimination or reduction of facilities on the US side of the
Order 12372. bridge facility
3.2 Air Impacts and the traffic routing modifications SBM may dictate will
3.2.1New York State Department of Environmental need to be
Conservation (NYSDEC) assessed.
standards and modeling procedures that meet or exceed 3.6Aesthetics
Federal Highway 3.6.1 The extent and type of visual impact assessment
Administration (FHWA) requirements should be considered. requires detail, including
Particular the development of a methodology for identifying sensitive
attention should be paid to emergent standards being resources.
created by the 3.7 Local Water Revitalization Program (LWRP)
USEPA in the National Ambient Air Quality Standards for The consistency of the Peace Bridge Expansion Proposal
Particulate and any alternative should be
Matter being promulgated pursuant to 40 C.F.R. Part 50. clearly demonstrated with the goals and policies of the local
A specific iteration of the air modeling effort will need to waterfront revitalization
include the program. The SBM process must be assessed
SBM processes alone or used in conjunction with another contemporaneously with the current
alternative. intentions and policies of the City as represented in the Draft
3.3 Cultural Resources LWRP.
3.3.1 The larger study area requiring 4.0 The Scope of Mitigation will need to be Further
additional cultural resources surveys should be agreed upon Developed Within
prior to implementation of the studies. The area(s) to be the DEIS
studied, attributes and process should be detailed and 4.1 Buffers
agreed upon in consultation with OPRHP - SHPO. 4.1.1 The buffer area described on Page 30 needs
3.4 Noise development prior to study.
3.4.1 The area for expansion discussed for the noise The influence that a buffer could have on air quality, noise,
analysis should be visual quality,
discussed and the selection of noise sensitive receptions and community quality and character is considerable. A
should be transition zone,
reviewed and agreed upon prior to study. Further, the noise buffer, or combination of buffering techniques (e.g., building
sensitive placement,
receptors and modeling methods should give consideration open space, vegetation, etc.) could have significant impacts
to the unique on the
setting of the facility, not standard highway applications. outcome of studies and impact prediction models proposed.
A specific iteration of the noise study will need to consider Scoping need not be completed as part of the environmental
the effect of review process but, when done, should provide relatively
SBM alone or used in conjunction with another alternative detailed guidance. "The [NYSDEC] agrees that additional
3.5 Traffic mitigation may become apparent as EIS preparation occurs.
3.5.1 The Project needs to integrate the capacity and The goal during scoping is not to identify all applicable
desirability of mitigation, but to provide guidance regarding the impact that
3.5.2 accommodating traffic consistent with existent land will require mitigation and some indication of the nature and
usages. Niagara depth of the mitigation that may effective address the
Street travelling South from Massachusetts Street is impacts." I It is recommended that the City of Buffalo not
desirable as the endorse the mitigation presented in the DSD as appropriate
International Gateway into the City. The destination parks or complete at this time as it lacks sufficient detail. However,
and resources mitigation is a critical part of any environmental review
being developed along the Waterfront may be entered via process and may be further developed in the DEIS. 4.1.3
Niagara Street Mitigation should include mechanisms to evaluate the
to Porter Avenue. Commercial vehicles travelling to the burdens on the host community, including but not limited lost
bridge should not tax base. Conversely a consideration of enhancements to
use Porter Avenue. Niagara Street North of Massachusetts community facilities and addition of parklands if restored
Street should might be appropriately credited against mitigation if not
be delineated as a commercial truck route due to its ability to otherwise addressed.
handle 5.0 Assessment of Scoping
commercial traffic. 5.1 Following a complete review of the Draft Scoping:
3.5.2 Traffic safety and accident analysis should be included Document (DSD) and
in the evaluation of Alternatives Screening Report (ASR) it appears that the
traffic impacts. The study area should undergo mutual requirements of 6
review and NYCRR 617.8(f)(I - 7) have been satisfied. The impacts
concurrence by the FHWA, NYSDOT, GBNRTC, and the identified, the range of
City of Buffalo.
alternatives to be assessed, and the level of mitigation to be It is my responsibility to take every measure under my
incorporated has been authority to protect the interests of the citizens of the City of
determined to be adequate at this time. The City of Buffalo Buffalo. At this point in the process there is a strong public
reserves their rights expectation that Shared Border Management should be
pursuant to 6 NYCRR 617.(8)(g) to assess the response to studied in the DEIS and that the City of Buffalo and the PBA
the issues raised aggressively seek federal approval to permit its
during our review of the DSD/ASR prior to ratification of the implementation. I understand that at this time that Shared
subject documents. Border Management cannot be selected as a preferred
The City of Buffalo commends the PBA for its considerable alternative for the reasons stated in the SD/ASR unless
effort invested toward developing a solution to the current federal laws and border inspection agency procedures are
congestion problems at the Peace Bridge in a manner that changed. However, detailed study of this alternative will
has extensively sought public input. This is evident from the provide essential information on the benefits and impacts of
way in which public comment has helped to shape this concept that the border agencies and decision makers
alternatives and resulted in EBNP-lD that reduces the in both federal governments need to help them make their
eastward expansion of the existing plaza and exacerbation decisions.
of existing negative impacts on adjacent residential According to your own guidelines on alternative
development. The City of Buffalo reiterates the pursuit of a development, analysis, and evaluation
viable SBM option that initially appears to satisfy the intent of (www.fhwa.dot.gov/enviromnental/alts.hbn
the project and alleviate the existing nuisance conditions your agency recognizes that there are times when an
imposed by the Peace Bridge and Plaza in the United alternative which may not be reasonable is included for
States. analysis in a DEIS at the request of another agency or due
1 DEC, Final Generic Environmental Impact Statement on to public expectation. Please consider this letter the City of
the Proposed Amendment to the SEQRA Regulations 6 Buffalo's formal request that Shared Border Management be
NYCRR Part 617, September 6, 1995 at 65. included for study in the DEIS.
REFERRED TO THE COMMITTEE ON BINATIONAL As the Chief Executive Officer of the City of Buffalo, I feel it
BRIDGES is my duty to do what is right for our citizens and I will not
ratify the final Scoping Document/Alternative Screening
NO. 53 Report unless the Shared Border Management alternative is
D. BONIFACIO-USDOT INFO SHARED BORDER MNGT studied under the provisions of the aforementioned FHWA
Informational document available for review in The City guidance. I ask for your prompt attention to this matter.
Cerk’s Office. REFERRED TO THE COMMITTEE ON BINATIONAL
REFERRED TO THE COMMITTEE ON BINATIONAL BRIDGES
BRIDGES
NO. 55
NO. 54 PEACE BRIDGE EXPANSION PROJECT
D. BONIFACIO-A. MASIELLO-REQ STUDY OF SHARED FINAL SCOPING DOCUMENT - SHARED BORDER
BORDER MNGT ALTERNATIVE MANAGEMENT
Dear Mr. Arnold: Dear Sirs:
In a letter dated 30 October 2003 from the Peace Bridge Through discussion with City of Buffalo staff regarding the
Expansion Project, we have been asked to consider the language in the final Scoping Document it has come to our
ratification of the final Scoping Document/Alternative attention that the issue of Shared Border Management
Screening Report (SD/ASR) dated 29 October 2003 for the requires some clarification.
above project in accordance with our Memorandum of As indicated in the Scoping Document the alternatives to be
Agreement with the Peace Bridge Authority (PBA). The MOA retained for detailed study and evaluation in Preliminary
establishes our role as a member of the Partnering Group, Design for the Draft Environmental Impact Statement (DEIS)
consisting of the City of Buffalo, the Town of Fort Erie and are:
the PBA, in ratifying project decisions at three critical • No action or no build alternative
milestones, the SD/ASR being one of them. • Maximize use of the existing US Plaza
The City of Buffalo has strong reservations about the • Relocate the US Plaza to the north
SD/ASR's recornmendation that Shared Border The concept of Shared Border Management (SBM) is not
Management (SBM) be eliminated as an alternative for study included at this time in the group of alternatives to be
in the Draft Environmental Impact Statement (DEIS). I retained because there is no legal basis in the existing
strongly support the concept of Shared Border Management policies and laws of the US and Canada for definition and/or
along with my colleagues in Fort Erie, the City of Buffalo implementation of any such concept. Furthermore, in spite of
Common Council and the Western New York area legislative aggressive efforts over the past few years by the Peace
leaders, and Senators Clinton and Schumer, as well as Bridge Authority, Project Management, statewide and local
Representative Jack Quinn. political leaders, there is no credible evidence from the US
As you know, the City and PBA have actively pursued and Canadian border authorities that implementation of a
Shared Border Management since 1995. In 1998, the SBM concept would be acceptable and permitted in the
Commercial Vehicle Processing Centre was opened in Fort foreseeable future.
Erie with the assistance of FHWA as an initial step in Nonetheless, consistent with the Work Plan in the Scoping
enabling some form of Shared Border Management here. Document efforts to obtain definition of border operations will
There have been serious ongoing discussions with the US continue. During the past several weeks a series of meetings
and Canada federal border inspection agencies to consider with local Federal US and Canadian Border officials have
one of the SBM concepts as an alternative to expanding taken place to finalize acceptable border operations and to
facilities in the dense urban area on the US side here in discuss operational aspects of potential SBM concepts. The
Buffalo and to take advantage of the CVPC and the larger City of Buffalo representative has been kept fully informed of
area available on the current Canadian Plaza. We are these discussions and has attended key meetings with these
convinced this would significantly reduce environmental border officials. These efforts are essential to; first, provide
impacts in the City of Buffalo and for the overall project. border operating information necessary to size and configure
the final layouts of the alternatives being retained for study in In particular, the Council requests a copy of the hiring
the DEIS; and second, to develop a SBM concept that freeze
functions operationally given current border procedures. resolution that was passed at the BFSA meeting of
This SBM concept would be a component of the package, December 15,
referred to on pages 338 and 339 of the Scoping Document, 2003, as soon as possible. The fax number here in the
which would be urgently submitted for consideration by the Council staff office is 851-4234.
highest US and Canadian Federal authorities by the Peace The BFSA staff report on the 1st quarter Gap sheets that
Bridge Authority, with expected support of local and State was referenced during the meeting on the 15th is another
government officials. The SBM concept which is in the final example of the type of material the Council would like to see
stages of development as a result of these latest discussions filed, if the BFSA considers it to be public information.
is materially based on Scenario 1, page 318 of the Scoping The Common Councilmembers are aware that there is a
Document. This SBM concept would move all US border great deal of
operations to the Fort Erie plaza, as shown on the information being generated for the Buffalo Fiscal Stability
attachments SBM-6 and SBM-7. We expect the SBM Authority
package will be ready for submittal to the federal authorities regarding the present state of the City of Buffalo's financial
by 12 December 2003. situation, its future projections, and recommendations for
These meetings with border officials have also resulted in changing the present way government is run. As a full
refinements of the to be retained alternatives, as reflected in partner in the effort to solve the City of Buffalo's fiscal
attachments EBXP-1 (from Scoping Document) revised to problems, the Council requests that this information be
EBXP-1 0 and EBNP-1 D (from Scoping Document) revised shared so that the best possible decisions are made.
to EBNP-1 F. Please note that the revised US Plaza Correspondence may be addressed and forwarded to my
footprints of the alternatives are either the same or less than attention, Room 1413 City Hall, Buffalo, NY 14202, for
as shown in the Scoping Document, partly due to the Peace distribution to the Council Members and filing for the next
Bridge Authority implementing SBM by relocating its toll and agenda of the Council. If you have any questions, please
administrative functions to Fort Erie. feel free to contact me at 851-5105.
It is intended that the Project Management will proceed with RECEIVED AND FILED
detailed study and evaluation of the retained alternatives in
the development of the DEIS. Concurrently the PBA Board NO. 58
and Staff will, with your participation invited, vigorously CASH REALITY
pursue obtaining Canadian and US Federal approval of the ORDINANCE AMENDMENT CHAPTER 81 AUCTION &
SBM concept. As indicated in the Scoping Document, page AUCTIONEERS CHIEF DAVIS:
vii, the Project Consultant Team will meet with the Partnering I read with interest, then subsequent disappointment and
Group to report on the status of these efforts at the end of horror the above captioned proposed Ordinance
January 2004. However, as committed to by the PBA the Amendment. ft
pursuit of this objective would continue through the entire Please consider the following as you read this Amendment.
EIS process. 81-1 Definitions:
It is implicit to this and any environmental process that new Public Auction - Almost all real estate sold by our Firm over
information, such as a change in border inspection policy, the past 18 years has been sold "with reserve", however, the
may occur any point in the environmental process. This reserve price is almost never disclosed. If a reserve price is
applies during development of the Draft or Final EIS and the disclosed prior to the bidding, it seems to become an asking
Record of Decision. If the new information would change the price, and it is difficult to get a bid above the reserve.
decisions reached through the EIS process, with input from Additionally, often a seller will state a reserve, but when the
the Partnering Group, the PBA could prepare a high bid is below the reserve, the seller will agree to accept
Supplemental EIS. Obviously a credible decision by the US it. The same holds true for vehicles, equipment and personal
and Canadian governments to permit implementation of the property. Additionally, this seems to run counter to the
SBIVI concept of locating US border operations in Canada Uniform Commercial Code (UCC) which states that each
would warrant such action. item offered at auction is assumed to be sold "with reserve"
Under separate cover the Peace Bridge Authority has unless the auctioneer specifically states that the items is sold
reiterated their commitment to fully promoting Shared Border "absolute" or "without reserve".
Management with the Federal government agencies. I trust This section makes no provision for an auction firm license,
that this clarifies our final Scoping Document but requires each individual auctioneer (in our Firm's case -
recommendations. Please don't hesitate to contact me if you 6) to post their own bond and procure their own license.
have any further questions. Wouldn't it make sense to raise the bond amount for a firm
REFERRED TO THE COMMITTEE ON BINATIONAL and require the Firm to supervise it's own employees? This
BRIDGES seems to work with real estate brokers and salesmen. 81-6
This requirement places an undo burden on both the City
NO. 56 and the auctioneer. Very often, there simply is not time to
M. COPPOLA-CLEVELAND MAY CUT MORE THAN 700 have this level of detail ready 5 days prior to the sale, nor
JOBS does it appear to be necessary. Why does someone need to
Article written by Thomas J. Sheeran is available for review justify "the reason why an auction sale is desired"? In my 28
in the City Clerk’s Office years in the auction business in and around Buffalo,
RECEIVED AND FILED including 18 years in my own Firm, I have never heard of
any local auctioneer knowingly involved in the sale of stolen
NO. 57 property - the apparent reason for this requirement. I believe
REQ MATERIALS BE PROVIDED BY BFSA that if you were to check with the City Licensing & Permits
Common Council have asked me to reiterate their request Department and with the Police Commissioner you would
that find that these inventories have never been cross-referenced
materials developed by the Buffalo Fiscal Stability Authority with any stolen property list.
be routinely provided to the Buffalo Common Council as Wouldn't it make more sense to require auctioneers to keep
soon as they become available. and produce (on demand) details of each item sold - the
sellers and buyers names, addresses, the selling price, etc.? The draft version of Section 511-136 ("Draft') seeks to
Isn't that how pawnshops are regulated? entirely repeal the current Section 511-136 ("Current'), which
Consider this: An auctioneer in contracted to auction off a was enacted earlier this year. The Current version was
"7-11 type" convenience store, this provision could be developed after over a year of study by many legal
interpreted to hold that the milk and bread must be at least professionals, including James Magavern and a team of
90 days old to be sold! Ridiculous? It seems so. 81-7 University at Buffalo Law School professors and students.
We have found over the years that most sellers anticipate a The original 511-136 raised many questions and even drew
reasonable degree of confidentiality. I believe that most an investigation by the New York State Attorney General's
would not want their names (which would appear on the Office. It was amended to address some of its legal and
inventory) to be "posted in a conspicuous place for operational problems. The Draft version seems to raise
examination by the bidder." 81-8 similar issues that the original 511-136 had, thus I would
This paragraph assumes that the auctioneer has superior question aspects of its enforceability.
knowledge to that of the bidder - not always true. It also Further, in light of the time and effort that went into
requires an "appraisal" of each item - that would be developing the Current 511-136, it is premature to consider
extremely cumbersome and cost prohibitive. The simplest amending it until we can evaluate how it is working, and
appraisal of an item can cost into the hundreds of dollars, whether it needs to be amended. At this time, the Law
sometimes more than the value of the item appraised. In Department would not endorse any effort to change Section
addition, the paragraph that addresses jewelry would place 511-136. We are open to further dialogue on the issue, if you
an incredible amount of potential liability on the auctioneer. so desire.
Currently, if an auctioneer miss-describes an item there are If you have any further questions, please feel free to contact
adequate remedies for a consumer through the judicial me at 851-4318.
system. One more thing; imagine that you are charged with REFERRED TO THE COMMITTEE ON LEGISLATION
disposing of Aunt Minnie's Estate. Aunt Minnie has 4 jewelry
boxes full of costume jewelry in one comer of her trailer NO. 60
home. The auctioneer that you engage to sell Aunt Minnie's R. FONTANA-V. WOJCIK-CHANGE OF FELIX STREET
stuff would spend weeks going through this jewelry! - for TO ONE WAY TRAFFIC
what?! The current way that most auctioneers (that I know) Dear Councilman Fontana:
handle this is to give the bidders adequate time to inspect Following discussion at the monthly Wednesday,
the "Lot" and then sell a "lot of costume Jewelry". Believe November 12th meeting of Academy/St. Mary's Road Block
me, if there is a 4-carrot diamond ring in the Lot, the crowd Club, we would like to request that the Buffalo Common
of bidders will see that the "Lot" brings what it should. Council take action to change Felix Street to "one-way only"
I suggest that the regulation require the auctioneer to traffic, going east between St. Mary's Road and Poplar
provide itemized receipts. That should be a reasonable level Avenue with parking allowed on one side only.
of protection for the seller, the buyer and the auctioneer. We make this request because of the narrowness of the
81-9 street which is especially bad in wintertime when sides are
Perhaps this could be re-worded to state that "where an built up with snowbanks. It also presents a safety problem
article is to be sold "without reserve", or "where an article especially for children and bus traffic going over to the
meets its reserve". 81-11 Poplar Academy (School 11) on Poplar Avenue and Felix
Unfortunately, many business don't last a year, what Street.
happens to them? 81-12 We would appreciate your expediting this request and thank
Both the City and the auctioneer would save money while you for your courtesies in this matter.
meeting the intent of this provision by requiring that Sincerely,
auctioneer to make "available on request" a Report of Sale. Verna B. Wojcik, Secretary
81-14C REFERRED TO THE COMMITTEE ON LEGISLATION, THE
Except where an item does not meet the reserve. 81-14F COMMISSIONER OF PUBLIC WORKS AND THE
out. CORPORATION COUNSEL
81-14H
The Auction Business is a "time is of the essence" business. NO.61
Often the auctioneer is not called until the eviction papers J. KANE-PREPARED REMARKS OF AMBASSADER
are served and a sale cannot be conducted on the business NIAGARA GROUP
premises. Sometimes a business has so little left that an "on Good evening and thank you for the opportunity to address
premise" auction would be cost prohibitive either because this subject of vital importance to the City of Buffalo and
the rent is excessive or because the remaining product must Western New York. Maximizing the border crossing between
be combined with other products in order to justify the Buffalo and Fort Erie for the benefit of all is essential to the
advertising or to draw enough of a crowd to create economic well-being and the environmental health of our
competition. community.
In summary, as an auctioneer who's firm conducts more than I represent the Ambassador Niagara Signature Bridge
200 auctions per year and employs 16 people in Buffalo, we Group. We are a private corporation in the bridge operation
would be forced to move from the City if this ordinance were business and over the past several years we have been
enforced. diligently working to put together the necessary components
REFERRED TO THE COMMITTEE ON LEGISLATION to present an alternative Niagara River crossing plan to the
community. We stand prepared to finance and build a bridge
NO. 59 to move trucks and cars between Fort Erie and the City of
B. DAVIS, D. MCPHEARSON SECTION 511-136 Buffalo.
Dear Councilmember Davis: As representatives of private enterprise we request the
I am writing in response to your November 10, 2003 opportunity to compete and say that we can do better than
Memorandum regarding a proposed amendment to Section the project put forth by the Public Bridge Authority (PBA).
511-136 of the City Code, which deals with use permits for Although the scoping review is funded by taxpayer dollars for
human service facilities. the public benefit -- the PBA administers the review process
and it supports consideration of only one plan - its own.
Tonight, we ask that you act so that the environmental at its favored site. The PBA asks you to ignore other
review of this project not be limited solely to the crossing solutions; viable alternatives that would provide local
which the Bridge Authority controls and advocates. For this economic and environmental benefits. These alternatives, of
community to properly consider and come to a consensus on course, would reduce and eventually eliminate the PBA's
a bridge crossing -- the community must be made fully truck revenue.
aware of the benefits of truck cargo crossing in an One solution the PBA asks you to ignore is to ban
appropriate location and the burdens that truck traffic bring commercial trucks from the Peace Bridge and send them to
to the community when freight trucks are improperly the Queenston-Lewiston Bridge.
channeled. Another is the plan to build a truck bridge at the International
The benefit of an integrated, well-coordinated, unified Railway Bridge corridor, a location that allows for
system of bridges that separates commercial from residential commercial development; the revitalization of brownfields;
traffic patterns has not been explored by the scoping review. that allows for a benefit locally from all of these millions of
On the everyday level, the first concern to the average dollars of goods crossing our border each day; one that
citizen is delay when trying to cross the bridge because of permits the development of an airport sized facility for North
congested truck traffic. This same congestion clogs the American freight processing and intermodal distribution. A
economic artery of tourism. This first concern must be plan that does not destroy parks; does not require the
addressed by asking the question: "What is the impact of condemnation of hundreds of homes and businesses and
banning trucks from the Peace Bridge?" This is a question does not require tax dollars for the bridge facility and plazas
the scoping document should answer -- it does not. or any type of government guarantees.
In August, Mr. Campbell of the Public Bridge Authority, in It was said not too long ago with regard to $700 Mllion
response to a question asking what local benefits come from Dollars a week of commercial trade crossing through our
commercial traffic, advised that they were "studying that". midst that living next to Fort Knox does not make you rich.
According to the final scoping agreement that you are being Think about it, a
asked to accept, the primary purpose of this project is to: "St. Lawrence Seaway for trucks" at Porter Avenue. The
"Eliminate the bottleneck in the existing international impact of this golden liver of goods upon Buffalo is only felt
transportation system created by the inadequate vehicular when the trucks idle onto the Bridge and the prevailing
capacity of the Peace Bridge and inefficiencies in the plaza westerly winds blow the particulate matters and air pollutants
configuration, traffic flow patterns and roadway network on across our City. Finally we see the taillights of those trucks
the U.S. side of the Peace Bridge." as they speed south to follow the jobs and industry that left
Note well the absence of local benefit. Why? Under the here years before.
Public Bridge Authority plan there is no local benefit. Under How many trucks do you see stopping in the City of Buffalo
the PBA scoping review there are no plans for the building of to visit our shops, our restaurants, and our cultural events?
a transshipment facility, intermodal transportation or trucking By the time those trucks cross that bridge, they want one
facility. It is no coincidence that secondary businesses have thing -to be on their way. There is no trade business
never sprung up around the Peace Bridge. While it is the developed around the bridge, nor will there be any
right place for a bridge serving residents and tourists -- it is development at this location. Local trade benefits from the
the wrong place for inter-modal facilities accommodating Peace Bridge are non-existent -- while the burdens are
long-haul freight driven by truck or train. Conceived as a great.
non-profit organization, the PBA now seeks your consent to As part of a unified gateway system however, the Peace
permanently convert the Peace Bridge to a truck bridge that Bridge would provide entry for residents and tourists while
does " the least harm possible" to our community. the proposed International Trade Bridge unites the billion
In its new mission statement , the PBA acknowledges that it dollar supply line of goods and materials and pumps the
offers no local benefit. Among the 8 "Primary Goals and goods across the Niagara River for distribution throughout
Objectives" found in the scoping document none addresses North America and around the world.
benefiting or improving the community. Number 7 is listed The scoping document advises that tourism "contributes
as: significantly to the volume of traffic on the Peace Bridge. It is
"Seek to avoid, minimize or mitigate adverse social impacts, reported to be the largest and fastest growing industry in the
adverse economic impacts and adverse environmental world and the key to economic growth in the Niagara
impacts." region."' To serve that function of an economic engine of
Again, the Public Bridge Authority acknowledges it must tourism, the Peace Bridge must be our front door -- not our
harm local economic and environmental well-being beyond loading dock
the borders of its plaza to serve larger economic interests. It The purpose of the scoping document is to determine the
does not seek to present a plan that benefits the local preferred alternatives. Why then does the obvious alternative
community. It does not apologize -- rather it shrugs and says of the Peace Bridge returning to its historic 12uEpose as a
that furthering international transportation interests requires passenger bridge not appear anywhere in this scoping
local harm. document? That act alone would alleviate 90% of the
Expansion into our local parks and neighborhoods has concerns of this community because it immediately allows
always met with controversy. safer and faster passage of passenger cars and facilitates
Unplanned trade facilitation and piecework expansion of the the interaction of business and pleasure trips across the
Peace Bridge plaza has diminished our ability to aid industry border -- stimulating and promoting what the Public Bridge
or recover jobs that fled this region years ago. We have not Authority itself refers to as the "key to economic growth in
been able to capitalize on trade because we do not have the the Niagara region": tourism.
space, configuration or desire to locate necessary industries Before you decide that this scoping document is appropriate,
at the current crossing. For good reason -- the Peace Bridge please ask yourself can I answer these questions:
crossing is one of the premier historical points in our City -- Number 1: How much money does the City of Buffalo
where the once pristine Olmsted Front Park overlooks Lake receive directly from the current operation of the Peace
Erie at the source of the mighty Niagara River. Bridge?
You are now being asked to approve a limited scope of Number 2: How much revenue could the City of Buffalo
review to be undertaken by the Public Bridge Authority as it realize if we were able to increase tourism by even 10 or
has determined a final solution to the truck trade bottleneck 15%?
Number 3: What is the biggest concern of people regarding
Household income $2.8 billion $3.8 billion $50.6
the congestion at the Bridge? Is it (a) commercial traffic, or
billion
(b) the fact that commercial traffic congests and blocks
Taxes
tourism and passenger cars?
Local $244 million $324 million $2.9
Number 4: What is the economic benefit of the proposed
billion
increase in commercial traffic to the City of Buffalo? Note:
State $200 million $312 million $3.0
Not the economic value of the goods crossing the border,
billion
not the economic benefit to the State of New York or
Federal $606 million $1.4 billion $13.7
Province of Ontario. What is the economic benefit to the City
billion
of Buffalo?
Source: 1999 Canadian National Roadside Survey (NRS); US
If you cannot answer these questions then you must ask that
Census Bureau; R/Econ Input-Output Model; and FXM
they be studied in this scoping document so that you may
Associates
have the information you need to make an informed and
Total Direct, Indirect, and Induced Economic Effect of
appropriate choice when it comes time to make the next
Non-commercial Traffic Across Peace Bridge (Year 2000)
milestone, which is approval of a specific project, plaza and
Erie & Niagara
corridor crossing for commercial freight. END OF
Counties Rest of N Y State US
STATEMENT
Overall
REFERRED TO THE COMMITTEE ON BINATIONAL
Output - $207.6 million $119.7 million $565.5
BRIDGES
million
Employment - 4,900 2,300 12,300
NO. 62
Household income $76.1 million $43.4 million $207.6
PEACE BRIDGE EXPANSION PROJECTmillion
EFFECTS ON THE BUFFALO AREA ECONOMY Taxes
OF FREIGHT AND PASSENGER VEHICLE CROSSINGS Local $5.3 million $3.0 million $9.5
OF THE PEACE BRIDGE million
The following data: State $4.3 million $2.9 million $9.7
I Represents economic effects of crossings of the Peace million
Bridge in the year 2000; Federal $13.1 million $13.0 million $44.6
2. Is not an assessment of the impact of building or not million
building additional capacity; Source: 2000 Niagara Frontier Traffic Survey, URS Cole Sherman;
3. Nor is it an analysis of the economic effects of US Census Bureau; R/Econ
congestion or reduced travel times; Input-Output Model; and FXM Associates (see Appendix B for
4. Is based on input-output models which trace the flow of complete sources and methods)
transactions between businesses and consumers through all sectors The Peace Bridge Expansion Project is not an economic
of the economy, and the one used in this analysis, R/Econ (now development project, however as documented in a report being
maintained by Rutgers University and formerly called PCIO and finalized by FXM Associates, the magnitude of business sales,
the Regional Science Research Institute 1-0 Model) which has jobs, and household income in the Buffalo area (as well as within
been in widespread use throughout the US for over thirty years. All New York State and the US overall) linked to transport across the
input-output models define the money and commodity flows Peace Bridge is substantial.
REFERRED TO THE COMMITTEE ON BINATIONAL
between businesses, and the employment and household income
BRIDGES
that derive from these transactions, in terms of direct, indirect and
induced effects.
a. Direct effects are defined as the value of goods produced NO. 63
by manufacturers located in the Buffalo area (or in the rest of
INTERNATIONAL RAILROAD
New York State, or the US Overall, as shown in subsequent
I At least nine (9) alternatives studied.
tables) that are then shipped across the bridge. Direct
2. None are reasonable.
effects in the Buffalo region include only those commodities
a. NY 198 not designed for interstate traffic.
actually shipped across the bridge, and include none of the
b. Not consistent with regional transportation plans/planning.
other production of the industries and firms not shipped
c. To develop as a reasonable plan, NY 198 must be upgraded to
across the Peace Bridge.
interstate standards, and 1- 190 expand capacity south of IRR.
b. Indirect effects are defined as the value of goods and services d. Trucks only alternative would leave only three bi-directional car
supplied by other firms in the Buffalo area that were used in the lanes at Peace Bridge - corrected only by the addition of at least
production, distribution, and servicing of the commodities shipped one (1) lane.
across the Peace Bridge, and exclude other goods and services not e. Use of RR corridor to 1-290 by some proposed alternatives, is
It is a existing significant rail corridor with:
linked to the commodities shipped across the bridge. not practical.
c. Induced effects are defined as the value of goods and services 20 - 25 trains per day
purchased within the Buffalo region by local households with the 60 rail dependent customers
earnings they made as employees of the firms producing the direct Outokumpu, GM, etc.
and indirect goods and services. Limited vacant land
Total Direct, Indirect, and Induced Economic and Tax Effects Narrow corridor would displace businesses
of 100 commercial and industrial parcels impacted
Freight Transported Across Peace Bridge (Year 2000) Eight local street crossings required
Erie & Niagara f. There is no compelling reasons to justify undertaking a bridge
Counties Rest of N Y State US project at the IRR, since the purpose and need of the project can be
Overall satisfied at the existing corridor at substantially less cost,
Output - $9.6 billion $12.8 billion $173.8 g. The suggestion that the project air quality environmental
billion impacts would be less in Buffalo by building at the IRR is not an
Employment - 63,000 77,000 obvious or creditable conclusion when one considers the fact that
1,135,000 the total city population living within one (1) mile of the IRR
proposed plaza site is 24,542 as compared to 25,898 residents who
live within one (1) mile of the proposed north plaza site at the students). This action will increase the total number of beds on the
Peace Bridge. Canisius College Campus by 286 beds from 1,429 to 1,715.
3.The above reasons are sufficient to
Additionally, the proposed project includes the closure of Spillman
eliminate the IRR alternatives from further evaluation in the
Avenue, between East Delavan Avenue and Florida Street, to
DEIS. Additional issues are lack of PBA authority to build at
vehicular traffic and facilitate the expansion of the existing CC
IRR, higher costs and longer schedule, and lack of interest
Spillman Avenue parking facility from 240 space to 339 spaces to
and support of State and Provincial governments.
satisfy the parking requirements of the City of Buffalo for the
REFERRED TO THE COMMITTEE ON BINATIONAL
proposed dormitory. The existing area in front of the Palisano
BRIDGES
Pavilion will be raised a height of approximately 4 feet to allow for
handicapped accessibility to the pavilion from the campus
NO. 64
quadrangle. The proposed project will also include the refinancing
INTERNATIONAL RR BRIDGE CROSSING
of existing debt associated with Bosch Hall.
LOCATION
Under the provisions of the New York State Environmental
PEACE BRIDGE EXPANSION PROJECT
Quality Review (SEQR), the Dormitory Authority has made a
Copy available in the City Clerks Office for Review preliminary determination that the proposed project is a Unlisted
REFERRED TO THE COMMITTEE ON BINATIONAL C.R. R.
action in accordance with 6 N.Y. 617.2(ak). The Dormitory
BRIDGES
Authority proposes to designate itself as lead agency and conduct a
SEQR
coordinated among involved agencies and interested parties.
NO. 65
If a written objection is not submitted to the Dormitory Authority
BUFFALO. COMMON COUNCIL HEARING ON THE FINAL
within 30 days of the mailing of this notification, the Dormitory
SCOPING
Authority will assume the lead agency role for the proposed
DOCUMENT/ALTERNATIVE SCREENING REPORT FOR
project.
THE PEACE
Enclosed is a copy of DASNY's Environmental Assessment
BRIDGE EXPANSION PROJECT
Form-Part I, along with supporting documentation, as well as a
DistributionList of Involved Agencies and Interested Parties to
Copy available in the City Clerks Office for review
whom this letter has been sent. Each involved agency is requested
REFERRED TO THE COMMITTEE ON BINATIONAL
to make known to the Dormitory Authority the nature of its
BRIDGES
respective approval.
Should you have any written SEQR questions or comments,
NO. 66
please submit them to: Mr. Robert S. Derico, Environmental
CITY LOTS: 32 WOHLERS. AVENUE AND 31 ROEHRER
Manager, Office of Environmental Affairs Dormitory Authority
STREET
of the State of New York, 515 Broadway, Albany, New York
Please note the city demolished two (2) dilapidated houses. After
12207-2964 or telephone me at (518) 257-3214.
many written and verbal complaints, the lots still have not been
Respectfully,
properly graded and cleared as noted below:
I . Entire slabs of concrete floor from old garage
Robert S. Derico, R.A.
2. Tall metal poles embedded in concrete
Environmental Manager
3. Many large pieces of trash - old wood, large pieces of concrete
REFERRED TO THE COMMITTEE ON
4. Two large dead trees with falling branches (see letter to Mayor
dated July 3, 2003)
LEGISLATIONAND THE COMMISSIONER
5. Deep and uneven ridges in the mud soil.
OF PUBLIC WORKS
I was given a cost of $2,300.00 to purchase these 30 ft. lots. I have
received estimate for $2,575.00 for tree removal and proper
grading. I have submitted purchase offers.
NO. 68
If the City cannot or will not complete the above, I am requesting
SIDEWALK SNOW CLEARANCE PLAN
your intervention to acquire both 30 ft. wide lots for the $250.00 1
BUFFALO'S BEST OPPORTUNITY FOR A WALKABLE
have already submitted to Buffalo Real Estate Department.
WINTER WONDERLAND
Inspectors are recommended to verify the above.
Copy available in the City Clerks office foe review
REFERRED TO THE COMMITTEE ON LEGISLATION
REFERRED TO THE COMMISSIONER OF STREETS
SERVICES
No. 67
State
Dormitory Authority of the State of New York
NO. 69
Environmental Quality Review
PROJECT IDENTIFICATION NUMBER (PIN) 5512.36
(
SEQR) Lead Agency Request for Canisius College's 270-Bed
NY ROUTE 33, KENSINGTON EXPRESSWAY FROM NY
Eastwood
ROUTE 198 TO ELM/OAK ARTERIAL
Dormitory Project, City of Buffalo, Erie County, New York
PROJECT IDENTIFICATION NUMBER (PIN) 5512.42
Dear Mr. Pitts:
FILLMORE AVENUE ON-RAMP TO WESTBOUND NY 33
The Dormitory Authority of the State of New York (DASNY)
We ask that you file this letter with the Common Council.
has received an application from Canisius College (CC) to fund
Current construction operations on the westbound NY 33
construction of the college's new dormitory, to be located on their
Kensington Expressway from the NY 198 interchange to Oak
Buffalo campus. The proposed project involves DASNY's issuance
Street are nearing completion. Construction operations on the
of an amount not to exceed $30,000,000 of Don-nitory Authority
eastbound lanes of the Expressway will commence in March of
obligations on behalf of Canisius College. The proceeds of the
2004.
tax-exempt bond issuance will be used to finance the proposed
The Fillmore Avenue on-ramp to westbound NY 33 and NY 198
project which consists of the construction of a, seven-story,
has been closed throughout most of the construction season due to
270-bed don-nitory, containing approximately 104,000 gross
ongoing construction operations and lane restrictions in this area.
square feet (gsf); the renovation of the existing Bosch Hall, which
The NYS Department of Transportation had intended that this
includes the relocation of the Student Life offices to the basement
ramp would re-open once construction operations in the area had
of the new dormitory; and the reconfiguration of approximately
been completed.
4,500 gsf of space to contain eight double-occupancy rooms (16
In the time period since the temporary Fillmore Avenue ramp
REFERRED TO THE COMMITTEE ON COMMUNITY
closure was implemented, department engineers have noted
DEVELOPMENT AND THE COMMISSIONER OF
a significant reduction in the frequency of accidents in the
STRATEGIC PLANNING
area between the Fillmore Avenue ramp and the
immediately adjacent exit ramp to NY Route 198. This area NO. 72
between the Fillmore entrance ramp and the exit ramp to NY
RESIDENCY REQUIREMENTS
198 has been previously documented as a high-accident
I am writing to respectfully request that you file with the Council
location. There is an existing DOT project (PIN 5512.42)
items concerning City's residency requirements for discussion at
which is investigating safety improvement alternatives for
the next meeting dated December 23, 2003 at 2pm.
this area.
Copy available in the City Clerks Office for review
Based on the positive safety benefits the temporary Fillmore ramp REFERRED TO THE COMMITTEE ON CIVIL SERVICE
closure has had, the department is now considering extending the
duration of the temporary closure until the PIN 5512.42 safety Councilmember Gray took her seat.
improvement alternatives can be further studied and an alternative
NO. 73
implemented. Preliminary findings have indicated that a significant
SCHOOL CLOSING (FOLLOW THROUGH URBAN
contributor to the number of accidents in this area is the limited
LEARNING LAB)
merge distance for traffic entering the expressway from the
It is most important to inform you of the Board of
Fillmore ramp. This available distance is significantly shorter than
Education’s plan to close Follow Through Urban Learning
the merge distance called for by today's highway design standards.
Laboratory – School #8, effective July 2004
Department personnel working on PIN 5512.42 will continue to
work with the City of Buffalo to develop feasible safety Many ides are being proposed and drafted on a weekly basis. As
improvement alternatives and investigate the effects of each parents, caregiver, community members and friends, believe it or
alternative on the surrounding community and environment. Prior not we have a say in what will happen to this program. Now is
to making any determinations regarding permanent modifications the time to stand up and let our voices be heard.
to the facility, the department will conduct public information One possible plan is to split the school in half. Proposed to date is
meetings and a formal public hearing to solicit input from the a plan to move grades 4-8 to School #53 effective September
community. 2004. Students in K-3 will be placed where there is a vacancy.
If you require further information or would like a department There is also the possibility that the students placed at School #53
representative to meet with the Council, please contact Thomas A. will be a stop over to another move.
Romano, Assistant Regional Design Engineer, at (716) 847-3033. Please show your support by attending one or all of the
RECEIVED AND FILED Community Meetings. We need to emphasize to the Board of
Education that e do not want to see our school closed.
NO. 70
If you have any question or concerns please free to contact me
NFTA POLICE ISSUE
directly at 888-7007.
This is in response to your letter of November 6, 2003 regarding We have to work together, please join me in support of our
the NFTA Transit Police children. Rally with me to save our schools. If you are unable to
I share your view of the importance of maintaining a good attend send a representative. There is strength in numbers. If you
relationship between the NFTA and the community we serve. In have the desire to speak at a Board of Education Meeting, please
fact, the issues you raised regarding the practices, techniques, and contact me for information.
training of our police officers is a high priority of Transit Police In closing we still have time to change the minds of the Board. The
Chief Joseph Riga and the entire management team at the NFTA. final vote is January 28, 2004
Your input in finding ways to further improve the NFTA's REFERRED TO THE COMMITTEE ON EDUCATION
relationship with the community is welcomed and appreciated.
NO. 74
I would like to meet with you personally, along with Chief Riga, to
DRAFT MINUTES FOR THE BUFFALO WELCOMES THE
discuss these issues further and explore your suggestion for a town
WORLD COMMITTEE
meeting and other possible means to work together cooperatively
12/10/03 MEETING
for the betterment of the community. I will call your office to
schedule the meeting. Present: Councilmembers Thompson, Franczyk and Fisher,
REFERRED TO THE COMMITTEE ON POLICE Felicidad Frenette (international Institute), Anne Doebler
REORGANIZATION (International Institute), Stephanie Grace Carter (Sam Hoyt), Tracy
Diina (Literacy Volunteers), Chris Owens (VIVE), Cesar Cabrera
NO. 71
(Workforce Development
REHABILITATION LOAN PROGRAM
Consortium) Barbara Kloberdanz (Journey's End), Ann H. Brittain
'We are aware that the Rehabilitation Loan Program staff will be (Catholic Charities), Bill Nowak - Council Legislative Staff
eliminated as a result of budget cuts, We also realize that the loss Manager
of these positions will impact the processing, closing and servicing Councilmember Thompson welcomed attendees to the
of the 360 rehabilitation/emergency loan applications currently at inaugural meeting of the committee.
City Hall The geographic scope of the Committee will be regional with a
As the originators of these 360 applications we have established focus on the City of Buffalo. The committee will meet bi-monthly
relationships with the home-owners. We would like to offer you with action committees meeting between the general meetings.
our services in order to expedite the processing and theclosing, of There was a discussion of the barriers to enacting an economic
these loans. These services will include updating, underwriting, revitalization strategy based on attracting immigrants and refugees
closing, rehabilitation work write-ups, construction monitoring and and encouraging their entrepreneurial activity.
continued loan servicing. Among the barriers:
'We, look forward to meeting with you at your earliest convenience Racism
Preconception that immigrants will take good jobs
To further discuss this proposal..
from Buffalonians lack of recognition that many
We are signing this letter on behalf of the behalf of the following
immigrants fill jobs that are not considered desirable,
participating Housing Service providers:
and further that many immigrants bring skills that may
create wealth and jobs that will benefit current citizens
Fear of the unknown - perception that social workers, Lawrence Meckler
etc. will be needed to intervene between immigrants and Executive Director, NIFTA
the established community 181 Ellicott Street
Buffalo, NY 14203
Lack of appreciation for the benefits a wave of immigrants can
Dear Mr. Meckler:
have on real estate values
I write regarding the incident that occurred on October 6d,
The different types of immigrant and refugee populations were
whereby it was alleged that an NFTA bus driver was
identified:
Refugees admitted under the federal program - very assisting a teenage girl for whom she perceived was being
limited number set annually by presidential harassed and assaulted by NFTA police officers. While the
determination. Four Agencies in Buffalo participate in driver was helping the girl, on the comer of Utica Street and
this program Main Street at the bus stop located there, it has been
"Irregulars" - those who enter the country without reported that the bus driver herself was assaulted, arrested
papers, many of whom settle in the southwest and and suspended from her position for helping a citizen.
Chicago These allegations are serious and must be addressed
through the appropriate means. When a perception exists
Those looking for asylum under the Geneva Convention
Those who come here legally on a travel or student within a portion of our community that law enforcement
visa but stay after the visa has expired personnel are demonstrating a bias against them and acting
as oppressors rather than protectors, the ability to maintain
Legal immigrants coming under an employment visa H1 B
order is shaken.
Legal immigrants coming to be united with family (Can take 5
Please understand that I have not passed judgment on any
years)
Legal immigrants who come under the diversity of the allegations. I believe in the integrity of our system, and
lottery. This may be a good group to target - publicize I expect that if the officers in question did nothing wrong they
opportunities in Buffalo in one or more of the countries will be exonerated. If it is determined that they in fact acted
that have a high number of people coming to the US illegally or improperly, I expect charges to be brought and
through the diversity lottery the NFTA Police to act accordingly to discipline its own.
I write to you today because regardless of the outcome of
3 Committees were established:
Public Relations/ Education the investigation, I see the incident and the fervor that has
- Tracy Diina (Chair), Stephanie
surrounded it as a symptom of a more complex disorder. I
Carter Hoyt, and Cesar Cabrera
suggest that the NFTA Police is afflicted with a more
Letter writing campaign to local newspapers and development of a
in-depth problem that may have caused some to question
strategy to educate the public and create momentum for immigrant
the *integrity of certain members of your force. Although
based economic development
Outreach 62% of your customers are African Americans, only 16% of
- Barbara Kloberdanz (Chair), CM Thompson, Felicidad
the NFTA Police are African-Americans.
Frenelle, and CM Feanczyk
Like many mass-transit systems throughout the US, the
Reach out to immigrant communities, the business community,
system is utilized most by 'individuals in urban areas who do
realtors and block clubs, and involve them in our efforts
Immigration and Refugee Services not have access to a car. In the NFTA's service area, which
- Anne Doebler (Chair) and
includes African Americans from Buffalo and Niagara Falls, a
Chris Owens
group of people that comprise nearly two-thirds of your
Survey available services
customers. If the system is to operate satisfactorily, that
Ideas broached:
group must feel safe on the NFTA's buses and trains. That,
Welcoming Center - will require more groundwork before the time
of course, is the NFTA Police Department's core
is right for this facility
responsibility.
Investigate Homestead program as an enticement for new settlers
Perhaps just as important as a uniform and unbiased
Transform the Broadway Market into an international market.
application of the law is the perception that the law is being
Simplify the licensing process for small food businesses
applied fairly. While this perception is not completely within
We should be active as opposed to passive - target ethnic groups
the control of the NFTA Police, there are certain elements for
that will fit the strategy and make sure we are able to attract a
which the NFTA police have control. I suggest that
critical mass large enough to encourage entrepreneurial synergy
regardless of the outcome of these unfortunate events, the
and success
NFTA Police take this opportunity to correct the
The reason so many refugees coming though Buffalo are on their
disproportionate distribution the lies within the NFTA . The
way to Canada is that they have a 65% chance of successfully
NFTA should publicly pledge to make its police force look
getting asylum there as opposed to 37% on average in the US and
more like the community it serves. Such endeavors have
6% in Buffalo
been successfully undertaken by similar police forces and I
Development of a fact sheet delineating the different categories of
know that the NFTA can do it, too.
refugees and immigrants, documenting the numbers of the various
Please note that I do understand there already is an ongoing
immigrant groups in Buffalo today, and describing the programs
internal investigation being operated by the NFTA and I
and resources that are currently available here
applaud you for that. It is my hope that this incident and
Attached please find information on the Presidential
investigation that surrounds it will act as a mirror for the
Determination on FY 2004 Refugee Admissions
NFTA Police to see that the face you present to the
REFERRED TO THE COMMITTEE ON COMMUNITY
communities you serve may need to look a little different if
DEVELOPMENT
we want to make certain such allegations do not surface
NO. 75 again.
A. THOMPSON-NFTA ALLEGED ACTS OF POLICE REFERRED TO THE SPEACIAL COMMITTEE ON POLICE
BRUTALITY REORGANIZATION
I am writing to respectfully request that you file with the
Council a correspondence from Assemblymember Sam Hoyt NO. 76
concerning NFTA Alleged Acts of Police Brutality the next TOWN OF COLDEN
meeting dated December 2003 at 2pm.
23, COLDEN, NEW YORK
If you have any questions, please do not hesitate to contact RESOLUTION # 2003-32
me at (716) 851-5145. SENECA NATION OF INDIANS
Excerpt from the minutes of a regular meeting of the Town $ 10,000.00
Board of the Town of Colden, 8812 State Road, Colden, That checks be drawn on the account of Org 17221008
Erie County, New York held a the Town Hall in said Town on (480205) Judgment and Claims Prior Years, or (480204)
November 13, 2003, at 7:30 p.m. as follows: Current Fiscal Year, payable to the respective claimants or
MOTION made by Supervisor Calhoun and seconded by plaintiffs and their attorneys, if any, herein above named, in
Councilman Hoffman to adopt the following Resolution the amounts set opposite their names and delivered to them
upon execution and delivery to the Corporation Counsel of
WHEREAS, the Seneca Nation of Indians is a sovereign Nation
proper releases and closing papers.
within the borders of New York State,
PASSED
WHEREAS, the United State Government made treaties
AYES - 12 NOES - 0
(1784,1789,1794 and 1842) with the Seneca Nation of Indians,
WHEREAS, the Constitution of the United States (Article 6
Clause 2) mandates that treaties are the law of the land,NO. 79
PROPERTY DAMAGE
WHEREAS. the State of New York is proposing to issue tax
That, upon the recommendation of the Corporation
regulations taxing the sale, of goods on Indian Reservations,
Counsel, the following actions for personal injury arising out
thereby, breaking the provisions of the Seneca treaties withthe
of alleged negligence on the part of the City of Buffalo, be
United States that prescribe that no taxes should be imposed on
compromised and settled:
Indian Reservations,
B. 1 Andrew Dumas, 42 Frank Street, 142 10
NOW, THEREFORE, BE IT RESOLVED, that the Colden Town
This is a claim for refund of the auction price of a vehicle
Board cannot in good conscience support the State's action because
which claimant attempted to purchase from the City following
what we are telling our children is that it is permissible for the
the September 17, 2003 auction. $229.00
State of New York to break Federal Laws but our children aretold
B. 2. Denine Kavany, 560 Lancaster Ct., Apt.
to obey them all and respect the Unites States Constitution,
B2, 14043
AND, BE I T FURTHERRESOLVED, that the CoIden Town
This is a claim for a tire that was damaged at 51 Payne
Board goes on record in honoring Indian Treaties with the United
Street from a metal piece protruding from the curb.
States. RESOLVED, that copies of this resolution be submitted to
$141.97
Governor George Pataki, State Commissioner of Taxation and
B. 3. Lauri Olsen, 18 Warsaw Street, 14043
Finance, Senator Dale Volker, Assemblyman Richard Smith,
This is a claim for replacement of a damaged motorized side
Senator Charles Schumer, Senator Hillary Clinton, Congressman
view mirror of a 2002 Oldsmobile Alero. $240.12
Jack Quinn, Congressman Thomas Reynolds, County Executive
That a check be drawn on the account of Org 17221008
Joel Giambra, County Legislator Steven McCarville, all the
(480205) Judgment and Claims Prior Years, or (480204)
Municipalities in Erie County and the Association of Erie County
Current Fiscal Year, payable to the respective claimants or
Governments
plaintiffs and their attorneys, if any, herein above named, in
Duly adopted this 13t" day of November 2003, by the following
the amounts set opposite their names and delivered to them
vote.
upon execution and delivery to the Corporation Counsel of
Vote-
proper releases where such releases are indicated.
Councilman-Terre Kloiber - yes
PASSED
Councilman Gerald Pietraszek – yes
AYES - 12 NOES - 0
Councilman Annie Hoffman - yes
Councilman Martin McMahon - yes
NO. 80
Supervisor Marilynn Calhoun - yes
MISCELLANEOUS INVOICES
RECEIVED AND FILED
That, upon the recommendation of the Corporation
Counsel and the appropriate City Departments, the following
PETITIONS
claims be paid:
NO, 77
C. 1Alternative Information Systems
B. SANTORO, AGENT,
This is a claim for payment of prior fiscal year Invoice No.
Use 92 Msgr. Valente Drive-Ground Sign
11163 for monthly maintenance of data processing
The attached is for Common Council Approval; but per Permits,
equipment in accordance with the annual maintenance
no public hearing is required.
agreement through MIS (Management Information Systems).
REFERRED TO THE COMMITTEE ON LEGISLATION,
$7,088.16
DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING
C .2. Buyers & Kaczor Reporting Services
BOARD AND CORPORATION COUNSEL.
This is a claim for payment of prior fiscal year Invoice No.
REGULAR COMMIFTEES 22667.
CLAIMS COMMITTEE $420.50
(MARY M. MARTINO, CHAIRPERSON) C. 3. City of Buffalo, City Treasurer
NO. 78 This is a claim for payment of invoices incurred by the City
PERSONAL INJURY Treasurer for a prior year internet fees. $11,939.41
That, upon the recommendation of the Corporation That a check be drawn on the account of Org 17221008
Counsel, the following actions for personal injury arising out (480205) Judgment and Claims Prior Years, or (480204)
of alleged negligence on the part of the City of Buffalo, be Current Fiscal Year, payable to the respective claimants or
compromised and settled: plaintiffs and their attorneys, if any, herein above named, in
A. 1. Bonnie Campbell vs. City of Buffalothe amounts set opposite their names and delivered to them
$250,000.00 upon execution and delivery to the Corporation Counsel of
A. 2. Anthony Childs vs. City of Buffalo $ proper releases where such releases are indicated.
4,500.00 C. 4 City of Buffalo, City Treasurer
A. 3. Raymond J. Dudziak vs. City of Buffalo$ That the above item be, and the same hereby is returned to
2,500.00 the Common Council without recommendation.
A. 4. Harold Eberl vs. City of BuffaloMrs. Martino moved:
$18,000.00 This claim is to reimburse the City of Buffalo, Division of the
A. 5. Teresia Robinson v. City of Buffalo & BMHA Treasury for postage for user fee billings from the
Department of Public Works, Parks and Streets in the Current Fiscal Year, payable to the respective claimants or
amount of $66,868.43. That a check be drawn on the plaintiffs and their attorneys, if any, herein above named, in
account of Org 17221008 (480205) Judgment and Claims the amounts set opposite their names and delivered to them
Prior Years, or (480204) Current Fiscal Year, payable to the upon execution and delivery to the Corporation Counsel of
respective claimants or plaintiffs and their attorneys, if any, proper releases where such releases are indicated.
herein above named, in the amounts set opposite their PASSED
names and delivered to them upon execution and delivery to AYES - 12 NOES – 0
the Corporation Counsel of proper releases where such
releases are indicated. Mrs. Martino is excused from further business.
That, upon the recommendation of the Corporation Counsel
and the appropriate City Departments, the following claims
Civil Service
be paid:
(Marc A. Coppola, Chairperson)
C. 5. Connors & Vilardo
This is a claim for prior year Invoice Nos. 9041 and 9541 for
No. 84
legal services rendered to the City of Buffalo. $9,320.68
Appt.-Secy. To Comm. of Police (Max) (Pol)
C. 6. Dreamco
(CCP#23 -Dec. 9, 03)
This is a claim for monies owned the claimant from previous
That the above item be and the same hereby is received and filed.
fiscal years on the property leaded by the City at 2930 Bailey
ADOPTED
Avenue for the Fire Department.
$4,837.68
No. 85
C. 7. Frey the Wheelman
Appointment
This is a claim for payment of prior year Invoice No. 525387
Laborer 11 (Max) (A&F)
for parts and services rendered to the Department of Parking
(Item No. 26-C.C.P. Dec. 9, 2003)
Enforcement.
$263.34
That Communication 26, December 9, 2003 be received
C. 8. Hodson, Russ
and filed and the temporary appointment of Robert A. Kreutinger
This is a claim for payment of prior fiscal year Invoice No.
stated above at the maximum salary of $27,939.68 effective on
407148 for legal services rendered to the Law Department in
December 2, 2003 is hereby approved.
April, 2003. $1,623.00
PASSED
C. 9. Irish Propane Corp.
AYES - 11 - NOES - 0
This is a claim for payment of prior fiscal year Invoice No.
246290 from the Department of Public Works, Parks &
No. 86
Streets for liquid propane.
Appointment
$37.76
Pkg. Enforcement Officer (Max) (A&F)
C. 10. West Group
(Item No. 27-C.C.P. Dec. 9, 2003)
This is a claim for payment of various prior fiscal year That Communication 27, December 9, 2003 be
invoices for books received by the City Clerk. $1,687.44 received and filed and the provisional appointment of Russell
That a check be drawn on the account of Org 17221008 J. Olivieri stated above at the maximum salary of $28,688
(480205) Judgment and Claims Prior Years, or (480204) effective on December 1, 2003 is hereby approved.
Current Fiscal Year, payable to the respective claimants or
PASSED
plaintiffs and their attorneys, if any, herein above named, in
AYES - 11 - NOES - 0
the amounts set opposite their names and delivered to them
upon execution and delivery to the Corporation Counsel of
No. 87
proper releases where such releases are indicated. Passed
Appointment
PASSED
Pkg. Enforcement Officer (Inter) (A&F)
AYES - 12 NOES - 0
(Item No. 28-C.C.P. Dec. 9, 2003)
That Communication 28, December 9, 2003 be received
NO. 81 and filed and the temporary appointment of Kevin A.
REPORT TO THE CLAIMS COMMITTEE - E. 1. MICHAEL Pangburn stated above at the intermediate salary of $27,218
W. MCKENNA effective on December 1, 2003 is hereby approved.
Mrs. Martino moved to recommit said item
PASSED
ADOPTED
AYES - 11 - NOES - 0
NO. 82
No. 88
E. 2. BARBARA MILLER-WILLIAMS
Notices of Appt. -Temp./Prov. /Perm. (C. Clk.)
That the above mentioned item be and the same is hereby
(CCP#3 5-Dec. 9, 03)
received and filed.
That the above item be and the same hereby is received and filed.
Adopted.
ADOPTED
AYES –BONIFACIO, COPPOLA, DAVIS, FISHER,
FRANCZYK, GOLOMBEK, GRANT, LOTEMPIO, MARTINO
No. 89
- 9 NOES –FONTANA, GRAY, THOMPSON - 3
Salary Ordinance Amendment
3 1 -Department of Public Works, Parks & Streets
NO. 83
1213-Bridges
E. 3. MARLON REYNOLDS
(Item No. 185, C.C.P., Dec. 9,2003)
This claim is a claim for claimant's vehicle, a 996 Chevy That the Salary Ordinance Amendment as contained in Item
Blazer, was broken into and vandalized while it was in the No. 185, C.C.P., December 9, 2003, be and the same
care, custody and control of the City at the Dart Street hereby is approved.
Impound in the amount of $1,999.29.
Passed
That a check be drawn on the account of Org 17221008
AYES - 11 - NOES - 0
(4802051) Judgment and Claims Prior Years, or (480204)
Letter to Control Board re: MUNIS System (Compt.)
Finance
(Betty Jean Grant, Chairperson) (CCP# 14-Dec. 9, 03)
That the above item be and the same hereby is received and filed.
No. 90 ADOPTED
Lease - CRUCIAL - 378 Urban
(Item No. 7, C.C.P., Sept. 2, 2003) No. 97
(Item No. 66, C.C.P., Dec. 9, 2003)Floor Insurance Meeting (exc. Final Resolve)
That the above item be, and the same hereby is returned to the (CCP# I 76-Feb. 20, 03)
Common Council without recommendation. That the above item be and the same hereby is received and filed.
Ms. Grant Moved: ADOPTED
That the Executive Director of Strategic Planning be, and he
hereby is authorized to enter into a new lease between the City and No. 98
C.R.U.C.I.A.L., for use of the first floor and gym in former School Comm. Asst. Visit-Natl. Flood Ins. Program (CP) (#15, 12/26)
No. 62 located at 378 Urban (a/k/a 230 Moselle) for a new three (CCP#152-Jan. 23, 03)
(3) year term. That the Corporation Counsel be authorized to That the above item be and the same hereby is received and filed.
prepare the lease agreement under the same terms and conditions ADOPTED
as their old lease with the exception of Paragraph 12 on page 3 to
read: No. 99
I . Maintenance Back Up Power for COB Water Dept. (# 109, 9/2)
a. City will be responsible for capital improvements (structural (CCP#I 15-Oct. 28, 03)
components and major repairs of the facility). - That the above item be and the same hereby is received and filed.
b, C.R.U.C.I.A.L. will be responsible for minor repairs and ADOPTED
maintenance which includes but not limited to repairs and
maintenance to the heating, ventilation, plumbing, electrical and No. 100
air conditioning and cleaning of their own space. Backup Power at COB's Water Treatment Plan (PW)
C. The Department of Public Works, Parks and Streets will assist (CCP#20-Sept. 30, 03)
in That the above item be and the same hereby is received and filed.
the maintenance and repairs of the city-owned C.R.U.C.I.A.L. ADOPTED
building wherever feasible; and
That the Mayor be authorized to execute the same. No. 101
Back-Up Power at Water Dept. Facilities (PW)
Passed
AYES - 11 - NOES - 0 (CCP#18-Dec. 9,03)
That the above item be and the same hereby is received and filed.
No. 91 ADOPTED
C. Michaux-J. Giambra-Roof Rep./376 Urban/Frm. Sch. #62
C.R.U.C.I.A.L. (#53, 5/13) No. 102
(CCP#67-Dec. 9, 03)Certiorari Proceedings - 160 Delaware Avenue - Federal
That the above item be and the same hereby is received and filed. Reserve Bank of NY
ADOPTED (Item No. 15, C.C.P., Dec. 9, 2003)
That the above item be, and the same hereby is returned to the
No. 92 Common Council without recommendation.
Ms. Grant Moved:
R, Rogers-Req. Loc. Share Dollars-Closure- School #57/]Bflo.
Alt. HS (Bd Ed) That the Corporation Counsel be, and he hereby is authorized to
(CCP#50-Oct. 28, 03)settle the 1998-99 through 2003-04 certiorari proceedings on 160
That the above item be and the same hereby is received and filed. Delaware Avenue by reducing the 1999-00 assessment from
ADOPTED $5,500,000 to $5,400,000, the 2000-01 assessment from
$5,500,000 to $5,000,000, the 2001-02 assessment from
No. 93 $5,500,OOCr to $4,500,000, the 2002-03 assessment from
Increased Appropriation - Fund Balance - Various $5,500,000 to $4,250,000, and the 2003-04 assessment from
(Item No. 212, C.C.P., Dec. 9, 2003)$5,500,000 to $3,500,000. Subject to the approval by the Buffalo
That the Comptroller be, and he hereby is authorized and directed Fiscal Stability Authority.
to transfer the sum of $1,393,000 from the Unreserved Fund Passed.
Balance 107000960-0397000 to meet the increased appropriation AYES – 11 - NOES - 0
to various accounts as set forth in the above communication.
Passed.
No. 103
AYES - 11 - NOES - 0 Results of Negotiations - 52 Liddell Street
(Item No. 6, C.C.P., Dec. 9, 2003)
That the offer from Mr. Shakeel Ahmed, residing at 50
No. 94
Liddell Street, in the sum of one thousand and one hundred
C. Fisher-S. Greenberger-"Hub Would Tax the Tax-Exempt"
dollars ($ 1, 100.00) for the purchase of 52 Liddell Street, be
(CCP#56-May 27, 03)
and hereby is accepted; and
That the above item be and the same hereby
ADOPTED That the appraisal requested by the City of Buffalo shall be paid by
the purchaser; and
No. 95 That the transfer tax, recording fees and cost of legal description
Raising Revenues from Not for Profit Organizations shall be paid by the purchaser; and
(CCP# I 20-May 27, 03)That the Corporation Counsel be authorized to prepare the
That the above item be and the same hereby is received and filed. necessary documents for the transfer of title and that the Mayor be
ADOPTED authorized to execute the same, in accordance with the terms of
sale upon which the offer was submitted.
No. 96
Passed
AYES - 11 - NOES - 0 Passed.
AYES - 10 - NOES – 0
No. 104 BONIFACIO, COPPOLA, DAVIS, FISHER, FONTANA,
Results of Negotiations - 386, 372, 374 Northampton FRANCZYK,GRANT, GRAY, LOTEMPIO AND THOMPSON-
(Item No. 8, C.C.P., Dec. 9, 2003)AYES 10
That the above item be, and the same hereby is returned to the GOLOMBEK - 1
Common Council without recommendation.
Mrs. Grant Moved: No. 110
That the offer from Mr. Gregory Allen Hopkins, 1139 Eggert
M. Goldman, Petition to Use 245 Allen - Public Assembly
Road, Amherst, in the sum of five thousand and four
(Restaurant) (Item No. 65, C.C.P., Nov. 15, 2003) (Item No. 79,
hundred dollars ($5,400.00) for the purchase of 368, 372
C.C.P., Dec. 9, 2003)
and 374 Northampton, be and hereby is accepted; and That after the public hearing before the Committee on
Legislation on December 2, 2003, the petition of M.
That the appraisal requested by the City of Buffalo shall be paid by
Goldman, agent, for permission to use 245 Allen for public
the purchaser; and
assembly (restaurant) be, and hereby is approved.
That the transfer tax, recording fees and cost of legal description
shall be paid by the purchaser; and Passed.
That the Corporation Counsel be authorized to prepare the AYES - 11 - NOES – 0
necessary documents for the transfer of title and that the Mayor be
authorized to execute the same, in accordance with the terms of No. 111
sale upon which the offer was submitted. Appointment Member to the Living Wage Commission
Passed (Item No. 115, C.C.P., Nov. 2 5, 2003)
AYES - 11 - NOES - 0 That this Common Council does hereby designate Joseph Carriero
as it's appointee to the Living Wage Commission.
No. 105 ADOPTED
Legal Counsel for the Common Council of the City of Buffalo AYES- BONIFACIO, COPPOLA, FISHER, FONTANA,
(Item No. 94, C.C.P., Jan. 7, 2003)FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO AND
That the above item be, and the same hereby is returned to the THOMPSON
Common Council without recommendation. NOES- DAVIS
Mrs. Grant moved that the above item be recommitted to the
Committee on Finance. NO. 112
ADOPTE.D. First Organizational Meeting in 2004-Rules of Order
(CCP#182-Dec. 9,03)
No. 106
That the above item be and the same hereby is received and filed.
Legal Counsel for the Common Council of the City of
ADOPTED
Buffalo (Adm. & Fin.)
(Item No. 25, C.C.P., Feb. 4, 2003)NO. 113
That the above item be, and the same hereby is returned to the Ordinance Amendment - Chapter 81 - Auctions and
Common Council without recommendation. Auctioneers
Mrs. Grant moved that the above item be recommitted to the (Item No. 188, C.C.P., Dec. 9, 2003)
Committee on Finance. That the above item be, and the same hereby is, returned to the
ADOPTE.D. Common Council without recommendation.
Mr. Fontana Moved:
That after the public hearing before the Committee on
No. 107
Legislation on December 16, 2003, the Ordinance
Drug Asset Forfeiture Funds (Pol)
Amendment as contained in Item No. 188, C.C.P.,
(CCP#22-Dec. 9, 03)
That the above item be and the same hereby is received and December 9, 2003, be and the same hereby is approved.
filed.
RECEIVED AND FILED
ADOPTED
Legislation NO. 114
(Richard A. Fontana, Chairman) Ordinance Amendment - Chapter 88 - Bakers and
Confectioners
No. 108 (Item No. 189, C.C.P., Dec. 9, 2003)
J. Poliseno, Petition to Use 227 High - Illum. Ground Sign That after the public hearing before the Committee on Legislation
(Item No. 50, C.C.P., Dec. 9, 2003) on December 16, 2003, the Ordinance Amendment as contained in
That the petition of J. Poliseno, agent, for permission to use 227 Item No. 189, C.C.P., December 9, 2003, be and the same hereby
High Street for an illuminated ground sign be, and hereby is is approved.
approved. Passed
Passed. AYES - 11 - NOES - 0
AYES - 11 - NOES - 0
NO. 115
No. 109 Ord. Amend.-Chapter 103-Bldg. Const. & Demo.; Fire
A Moscati, Petition to Use 401 Niagara - Kiosk/Canopy/Gas Prevention (#125, 11/25)
Station (CCP#93 -Dec. 9, 03)
(Item No. 5 1, C.C.P., Dec. 9, 2003) That the above item be and the same hereby is received and filed.
That the above item be, and the same hereby is returned
ADOPTED
to the Common Council without recommendation.
Mr Fontana Moved: NO. 116
That the petition of A Moscati, agent, for permission to use 401 Ordinance Amendment - Chapter I I I - Buildings, Public
Niagara Street for a kiosk/canopy/gas station be, and hereby is (Item No. 128 C.C.P., Nov. 25, 2003)
approved. (Item No. 96, C.C.P., Dec. 9, 2003)
That the above item be, and the same hereby is returned to That pursuant to Subdivision 24 of Section 15 of Chapter
the Common Council without recommendation. 479 of the Code of the City of Buffalo, the changes to the
traffic ordinances (Chapter 479 of the City Code) are hereby
Mr Fontana Moved:
denied as pertaining to Notification Nos. 9753 and 9754, as
That after the public hearing before the Committee on Legislation
more fully described in the above communication.
on December 2, 2003, the Ordinance Amendment as contained in
DENIED
Item No. 128, C.C.P., November 25, 2003, be and the same hereby
is approved.
Passed No. 126
AYES - 11 - NOES - 0 M. Martino-J. Blane & O-Req. Removal of Alternative Pkg.
-Roanoke Pkwy.
No. 117 (CCP#78-Oct. 28, 03)
Ordinance Amendment - Chapter 307 - Parking and Parking That the above item be and the same hereby is received and filed.
Lots ADOPTED
(Item No. 199, C.C.P., Dec. 9, 2003)
That after the public hearing before the Committee on Legislation No. 127
on December 16, 2003, the Ordinance Amendment as contained in 32 Wohlers & 31 Roehrer, City-owned lots, Demolition Status
Item No. 199, C.C.P., December 9, 2003, be and the same hereby (Item No. 58, C.C.P., Sept. 30, 2003)
is approved. (Item No. 93, C.C.P., Nov. 25, 2003)
That the above item be, and the same hereby is returned to
Passed
the Common Council without recommendation.
AYES - 11 - NOES - 0
Mr Fontana moved that the above item be recommitted to
the Committee on Legislation
No. 118
ADOPTED
Ord. Amend.-Chapter 322-Phrenology
(CCP#202-Dec. 9,03)
NO. 128
That the above item be and the same hereby is received and filed.
32 Wohlers & 31 Roehrer, City-owned lots, Demolition
ADOPTED
Status (Pen-nit)
No. 119 (Item No. 43, C.C.P., Oct. 28, 2003)
Ord . Amend. -Chapter 3 4 1 -Property Maintenance (Hrg. (Item No. 94, C.C.P., Nov. 25, 2003)
That the above item be, and the same hereby is returned to
12/2)
the Common Council without recommendation.
(CCP#145-Nov. 25, 03)
Mr Fontana moved that the above item be recommitted to
That the above item be and the same hereby is received and filed.
the Committee on Legislation
ADOPTED
ADOPTED
No. 120
M. Coppola-J. Carriero-Resume-Living Wage Commission NO. 129
(CCP#3 6-Dec. 9, 03) M. Attardo-Elmwood Bus. Assn. Adv. Comm.
That the above item be and the same hereby is received and filed. -Concerns-Elmwood Bus. Dev. Guidelines
ADOPTED (CCP#65-July 8, 03)
That the above item be and the same hereby is received and filed.
No. 121 ADOPTED
D. Fitzgerald & O-Req. COB Renew Lease-Marine Drive
Apts-Exp. 1/ 15/04 NO. 130
(CCP#77-Sept. 16, 03) Fontana, et al v. Masiello, et al, Memo. Decision/Order of
That the above item be and the same hereby is received and filed. Justice Dillion (Law)
ADOPTED (CCP#25-Dec. 9,03)
That the above item be and the same hereby is received and filed.
No. 122 ADOPTED
Zero Tolerance for Snow Removal Scofflaws
(CCP#183-Sept. 30, 03)Community Development
(Antoine M. Thompson, Chairman
That the above item be and the same hereby is received and filed. )
ADOPTED
No. 123 NO. 131
Zero Tolerance for Snow Removal Scofflaws (PW) Transfer of Vacant Lots to BURA - Sycamore Village
(CCP#39-Oct. 14, 03) (Item No. 7, C.C.P., Nov. 12, 2003)
That the Director of Real Estate be, and he hereby is
That the above item be and the same hereby is received and filed.
authorized to transfer 247 Mortimer, 644 Jefferson, 22, 24
ADOPTED
and 32 Matthews to the Buffalo Urban Renewal Agency for
the Sycamore Village Project. That the Corporation Counsel
No. 124
be authorized to prepare the necessary documents for the
J. Golombek-"Snow Removal Initiatives"
transfer of title and that the Mayor be authorized to execute
(CCP#66-Oct. 28, 03)
the same.
That the above item be and the same hereby is received and filed.
Passed.
ADOPTED
AYES - 11 - NOES - 0
No. 125
Notification Serial #9753, etc. Install One-Way Street Direction Special Committees
Old South Ogden Street, etc.
(Item No 16, CCP Dec 9, 2003) Fruitbelt Redevelopment Plan Committee
(Brian C. Davis, Chairman)
No. 142
No. 132 I Jedlicka-Co. Erie-Env. /Plan- Seneca Bluffs Wetland-Rest.
Consultants Svs. Agree. -Fruitbelt Planning Study-Ph. 2 (#32, Proj.-Phase 1/11
10/2) (Strat. Plan (#32, 5/14)(CP)
(CCP#130-Mar. 18,03)(CCP#149-Jun. 25, 03)
That the above item be and the same hereby is received and filed. That the above item be and the same hereby is received and filed.
ADOPTED ADOPTED
WATERWAYS SUBCOMMITTEE
(Charley H. Fisher III, Chairman) No. 143
B. Bistani-Bflo. Riverwalk (#78, 4/30)
NO. 133
(CCP#150-Jun. 25, 03)
C. Fisher-B. Bistany-Concerns Re: LaSalle Park That the above item be and the same hereby is received and filed.
(CCP#66-Apr. 2, 03)ADOPTED
That the above item be and the same hereby is received and filed.
ADOPTED No. 144
Est. A Swimming Beach in Bflo. At A Central Loc. (# 197, 9/18)
No. 134 (CCP#151-Jun. 25, 03)
C. Fisher-Var. Items-Waterways Subcommittee That the above item be and the same hereby received and filed
(CCP#73-Apr. 2, 03) ADOPTED
That the above item be and the same hereby is received and filed.
ADOPTED No. 145
Est. A Swimming Beach in Bflo. At A Central Loc. (Strat.
No. 135 Plan.) (# 18, 10/2)
C. Fisher-A. Klein-Concerns-COB's Waterfront (CCP#152-Jun. 25, 03)
(CCP#76-Apr. 2, 03) That the above item be and the same hereby is received and filed.
That the above item be and the same hereby is received and filed. ADOPTED
ADOPTED
No. 146
No. 136 B. Davis-K. Matheis-Better Access to LaSalle Pk/Erie Basin
Windstorm Damage/Repairs-LaSalle Park (PW) Marina
(CCP#37-Apr. 16, 03) (CCP#56-Sept. 17, 03)
That the above item be and the same hereby is received and filed. That the above item be and the same hereby is received and filed.
ADOPTED ADOPTED
No. 137 No. 147
Waterfront Redev. Area "A"-Req. App. Easements-6 Boat C. Fisher-A. Klein-Concerns-Squaw Island
(CCP#70-Oct. 29, 03
Docks )
50 Waterfront Circle LLC (Strat. Plan.) That the above item be and the same hereby is received and filed.
(CCP#20-Apr. 30, 03) ADOPTED
That the above item be and the same hereby is received and filed.
ADOPTED No. 148
Squaw Island Landfill Closure (PW)
No. 138 (CCP#25-Nov. 12,03)
Waterfront Redev. Proj. NYS-3 5 Area "A" Easements Boat That the above item be and the same hereby is received and filed.
Docks Adj. 50 Waterfront Circle ADOPTED
(CCP#171-Apr. 30,03)
That the above item be and the same hereby is received and filed. No. 149
ADOPTED A.Klein-Concerns-Squaw Island (BSA)
(CCP#39-Nov 12, 2003)
No. 139 That the above item be and the same hereby is received and filed.
NYSDEC-State Announces Plan for Bflo. Outer Harbor ADOPTED
Brownfield
(CCP#91 -Apr. 3 0, 03) No. 150
That the above item be and the same hereby is received and filed. C. Fisher-A. Graham-Concerns-Deterioration-Fmr. Govt.
ADOPTED Breakwater
(CCP#72-Oct. 29, 03)
No. 140
That the above item be and the same hereby is referred to
Waterfront Plans (#70, 3/19) (BERC)
the Committee on Community Development.
(CCP#147-Jun. 25, 03)
That the above item be and the same hereby is received and filed. ADOPTED
ADOPTED
No. 151
No. 141 Break Wall at the Erie Basin Marina (PW)
B. Gray, descriptions-Comm. Based Waterfront Projects (#95, (CCP#18-Nov. 26,03)
1/23) That the above item be and the same hereby is referred to the
(CCP# 148-Jun. 25, 03)Committee on Community Development.
That the above item be and the same hereby is referred to the ADOPTED
Committee on Community Development.
ADOPTED RESOLUTIONS
No. 152 the removal of any elective officer may be filed until he has
By: Mr. Bonifacio actually held office for six months. The sufficiency or
City of Buffalo insufficiency of any recall petition shall not be subject to review by
Local Law No. _ (2003) the common council.]
Introductory No. 14 (2003)[(f) Upon presentation of the petition by the city clerk to the board
A LOCAL LAW amending the Charter of the City of Buffalo in of elections, the commissioners shall immediately examine the
relation to the deletion of the recall election procedure for elected same and the signatures and acknowledgments attached thereto and
officials. check the same with the registration list of the last preceding
BE IT ENACTED BY THE COMMON COUNCIL OF THE general election and thereafter return the petition to the city clerk
CITY OF BUFFALO AS FOLLOWS: with their certificates showing the total number of signatures
Section 1. That Article 23 of the Charter of the City of Buffalo, attached thereto; the number, if any, who are not qualified
adopted pursuant to law, is hereby amended as follows: registered electors of the city of Buffalo or the district as the case
ARTICLE 23 Election, Referendum, Petition, and Repeal [and may be; the number, if any, whose signatures were not properly
Recall] acknowledged; the number who appear to be qualified registered
§ 23-13. [Recall of Elected City Officials.] electors of the city of Buffalo or the district as the case may be;
[Any incumbent of an elective office, whether elected by vote of and what percentage they constitute of the entire registered electors
the people or appointed to fill a vacancy, may be removed from who voted for governor in the city of Buffalo or the
office by the qualified registered electors of the city of Buffalo, as district from which the incumbent is being removed, at the last
hereinafter provided. Such removal of the incumbent of an office gubernatorial election. The city clerk shall thereafter present the
shall be known as recall, and the procedure to effect the removal of petition to the common council.]
an incumbent of an elective office shall be as hereinafter [(g) Upon presentation of such recall petition to the council by the
provided:] city clerk, the council shall thereupon order the holding of a special
[(a) A petition signed by qualified registered electors equal in election for the purpose of submitting to the electors of
number to at least twenty percent of the total number of votes cast the city of Buffalo or the district as the case may be, the question
for governor, in the city of Buffalo or the district from which the whether such officer shall be recalled. official shall be subjected to
incumbent is being removed, at the last gubernatorial election, a recall election more than once per term of office.]
demanding the Section 2. Insofar as the provisions of this local law are
submission to the electors of the city the question whether the inconsistent with the provisions of any other local law or act, the
incumbent of such office shall be removed by vote of such electors provisions of this local law shall be controlling.
shall be addressed to the board of elections and filed with the Section 3.This local law shall take effect immediately.
city clerk.] APPROVED AS TO FORM
[(b) Upon the filing of a petition, the city clerk shall immediately NOTE: Matter in brackets to be deleted; matter underlined is new.
refer the same to the board of elections of Erie county, who shall LAID ON THE TABLE
examine such petitions for sufficiency. Any signature dated more
than thirty days prior to the date of filing must be disregarded. No. 153
Separate petitions of like tenor and effect shall be bound together Resolution
by the city clerk and shall be deemed to constitute a single By: Mr. Bonifacio and Mr. Golombek
Request Buffalo and Fort Erie Public Bridge Authority to
petition.] Re
[(c) The petition shall be signed by the qualified registered elector, Amend the Draft Final Scoping
who shall add his place of residence, giving the street and number Document/Alternative Screening Report to Retain
and the date on which he signs. Each signer shall acknowledge the Shared Border Management as an Alternative to be
execution of the petition before a duly qualified elector of the city Studied through the Draft Environmental Impact
of Buffalo or district as the case may be.] Statements
[(d) There shall be appended at the bottom of each sheet a signed Whereas: The Buffalo and Fort Erie Public Bridge Authority is the
statement of a witness who is a duly qualified elector of the city of project sponsor for a border crossing expansion project being
Buffalo or the district, as the case may be. Such a statement shall proposed between the City of Buffalo, and the Town of Fort Erie
be accepted for all purposes as the equivalent of an affidavit, and if (the "Project"); and
it contains a material false statement, shall subject the person Whereas: The City of Buffalo and the Buffalo and Fort Erie Public
signing it to the same penalties as if he had been duly sworn. The Bridge Authority entered into a Memorandum of Agreement (the
form of such statement shall be substantially as follows except as "Agreement") dated January 29th , 2003 setting forth certain
otherwise procedures to be followed in the preparation and review of an
provided in the election law. Environmental Impact Statement under the Bi-National Integrated
I, (name of witness) state: I am a duly qualified elector of the city Environmental Review Process being conducted for the Project;
of and
Buffalo or District. I now reside at (residence address, also post Whereas Under the Agreement the City of Buffalo is to review and
office address if not identical) which is in the (fill in number) ratify the progress of the Project at three critical milestones which
election district in the city of Buffalo in the county of Erie. Each of are:
the individuals whose names are subscribed to this petition sheet 1) Completion of the Final Scoping Document/Alternative
containing Screening
(fill in number) signatures, subscribed the same in my presence on Report; and
the dates above indicated and identified himself to be the 2) Completion of the Draft Environmental Impact Statement; and
individual who signed this sheet. I understand that this statement 3) Completion of the pre-Final Environmental Impact Statement;
will be accepted for all purposes as the equivalent of an affidavit and
and, if it contains a material false statement, shall subject me to the Whereas: The Buffalo and Fort Erie Public Bridge Authority has
same penalties as if I had been duly sworn. Date submitted a proposed Final Scoping Document/Alternative
Signature] Screening Report for review for ratification by the City of Buffalo;
[(c) Such petition shall contain a general statement of the grounds and
for which such removal is sought, of not more than three hundred Whereas: This matter came to be heard at a public hearing to
(300) words in length, and the sufficiency of such statement shall review the proposed Final Scoping Document/ Alternative
not be subject to review; provided, however, that no petition for Screening Report on the 4 th day of December 2003; and
Whereas: The review of the draft Final Scoping Buffalo, New York 14222 to 1555 Niagara Street, Buffalo, New
Document/Alternative Screening Report and the public through York 14213, located in the Empire Zone; and
their participation at the public hearing taken together clearly Be It Further Resolved:
identify the need to protect the public from the adverse effects of That this item be hereby approved: and
clearing commercial vehicles adjacent and upwind of a residential Be It Finally Resolved:
neighborhood; and That certified copies of this resolution be forwarded to Infinity
Whereas: The adverse impacts of the Project identified by the Architectural Window Systems, LLC. and the Buffalo Economic
Scoping process need to be minimized or avoided to the maximum Renaissance Corporation.
extent practical as part PASSED
Whereas: The level of mitigation of adverse environmental impacts AYES - 11 - NOES - 0
provided by implementing Shared Border Management cannot be
reasonably foreseen by any other means, and therefore must be NO. 155
aggressively pursued; and BY: MR. COPPOLA
Whereas: The City of Buffalo through the office of the Mayor has SALARY ORDINANCE AMENDMENT
demanded that the Project sponsor pursue a Shared Border 20- POLICE
Management plan to maximize the resources on both sides of the 1121- ADMINISTRATION & COMMUNICATION
The Common Council of the City Of Buffalo does ordain as
International Border Crossing to alleviate or minimize the clearing
follows:
of commercial vehicles adjacent to and upwind of a residential
neighborhood, and lessen the need for the Project to encroach That part of Section I of Chapter 35 of the Code of the City of
into Front Park and the residential neighborhood; and Buffalo, relating to 20 - Police, 112 1 -Administration &
Whereas: The current draft Final Scoping Document/Alternative Communication, which currently reads:
Screening Report does not commit to studying the benefits of a 18 Public Safety Dispatcher $ 28,164 - $
Shared Border Management Plan through the draft Environmental 31,989
Impact Statement to determine if such a plan with other measures Is hereby amended to read:
can adequately avoid, minimize or mitigate the adverse effects of 21 Public Safety Dispatcher $ 28,164 - $
the Project on the host communities; and 31,989
Now, Therefore Be It Resolved: IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the
That this body require the Environmental Review Process for the Charter, that the immediate passage of the foregoing ordinance is
Project to thoroughly study the impacts of the project on the City necessary.
of Buffalo and retain alternatives which have the potential to avoid We, ROCCO J. DIINA, POLICE COMMISSIONER AND
MICHAEL A. SEAMAN DIRECTOR OF BUDGET,
minimize or mitigate against adverse impacts of the Project on the hereby
City of Buffalo; and certify that the above change is necessary for the proper conduct,
Be It Further Resolved: administration and performance of essential services of that
That the Buffalo and Fort Erie Public Bridge Authority is hereby department. We recommend that the compensation for said
requested to amend the draft Final Scoping Document/Alternative position be fixed at the respective amount set forth in the foregoing
Screening Report to retain Shared Border Management as an ordinance.
alternative to be studied through the Draft Environmental Impact That a personnel requisition incident to the creation of the above-
Statements to determine if a sound shared border management plan -mentioned position, containing a statement of the duties for such
can be implemented which will preserve the City of Buffalo's position, has been filed with the Municipal Civil Service
urban fabric and the quality of life in the host communities. Commission, and said Commission has approved and certified the
Be It Finally Resolved: position title set forth in the foregoing ordinance as being the
That the Common Council of the City of Buffalo resolves to ratify appropriate Civil Service title for the proposed position.
if the Draft Final Scoping Document/Alternative Screening Report PASSED
be amended to retain Shared Border Management and components AYES - 11 - NOES - 0
thereof as an alternative to be carried through the Draft
Environmental Impact Statements. No. 156
PASSED BY: MR. COPPOLA
AYES - 11 - NOES - 0 SALARY ORDINANCE AMENDMENT
20- POLICE
NO. 154 1101- DETECTIVE BUREAU
Resolution The Common Council of the City Of Buffalo does ordain as
By: Mr. Bonifacio follows:
Re: Shift of Operation into an Empire Zone That part of Section I of Chapter 3 5 of the Code of the City of
Whereas: Infinity Architectural Window Systems, LLC. is Buffalo, relating to 20 - Police, I 10 1 -Detective Bureau, which
relocating its business from 470 Norwood Avenue, Buffalo, New currently reads:
York 14222 to 1555 Niagara Street, Buffalo, New York 14213; 3 Police Photographer , $61,787
and Is hereby amended to read:
Whereas: This relocation will allow Infinity Architectural Window I Police Photographer $61,787
Systems, LLC. to expand its operations and increase the number of 2 Crime Scene Technician $ 40,670 - $47,203
its employees; and IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the
Whereas: 1555 Niagara Street is located within the Empire Zone; Charter, that the immediate passage of the foregoing ordinance is
and necessary.
Whereas: The City of Buffalo recognizes that extraordinary We, ROCCO J. DIINA, POLICE COMMISSIONER AND
MICHAEL A. SEAMAN DIRECTOR OF BUDGET,
circumstances exist to warrant the relocation of Infinity hereby
Architectural Window Systems, LLC. into the City of Buffalo certify that the above change is necessary for the proper conduct,
Empire Zone and supports this action; and administration and performance of essential services of that
Now, Therefore Be It Resolved: department. We recommend that the compensation for said
That the City of Buffalo consents to the relocation of Infinity position be fixed at the respective amount set forth in the foregoing
Architectural Window Systems, LLC. from 470 Norwood Avenue, ordinance.
he is made responsible by this charter, the city code, or any
That a personnel requisition incident to the creation of the
statute, local law or ordinance. The commissioner shall be
above-mentioned position, containing a statement of the duties for
responsible for all property code enforcement programs,
such position, has been filed with the Municipal Civil Service
including housing code violations and matters relating to
Commission, and said Commission has approved and certified the
multiple dwellings; plumbing, electrical and combustion
position title set forth in the foregoing ordinance as being the
inspections; and
appropriate Civil Service title for the proposed position.
bingo games and premises inspections;
PASSED
(c) Develop and implement a unified, streamlined system for
AYES - 11 - NOES - 0
the review and processing of all applications for the
construction or remodeling of all buildings or other structures
NO. 157
within the city
By: Brian C. Davis
utilizing, where practicable and appropriate, the best
Permission to hang banners on Niagara Square, Delaware,
practices of municipalities throughout the
Franklin, Pearl and Chippewa Streets.
United States;
Whereas: The Niagara Frontier Automobile Dealers Association
(d) Appoint, and at pleasure may remove, a deputy
would like to advertise their Auto Fest on Niagara Square,
commissioner of permit and inspection services;
Delaware Avenue, Franklin, Pearl and West Genesee Streets; and
(e) Have charge of all demolition work;
Whereas: In order to promote the event, the Niagara Frontier
(f) Represent the city in all housing court proceedings;
Automobile Dealers Association is requesting permission to hang
(g) [Appoint, and at pleasure may remove, plumbing
at approximately fifty (50) banners on Niagara Square, Delaware
inspectors as provided in section 48 of the general city law
Avenue from Niagara Square to West Tupper Street, Franklin
or successor statutes
Street between Court Street to West Chippewa Street, Pearl Street
(h) Perform the duties of administering and enforcing the
between Court Street and West Chippewa Street and West Genesee
provisions of the zoning chapter of the city code, including
Street from Niagara Square to Franklin Street; and
granting permits and certificates of occupancy and
Now, Therefore, Be It Resolved:
conducting all inspections required by that chapter;
That the Common Council of the City of Buffalo grants permission
(I)Have charge of issuing, transferring, renewing, revoking,
to the Niagara Frontier Automobile Dealers Association to hang
suspending and canceling all licenses and permits, the
the banners to advertising their event; and
collection of fees and the coordination of necessary
Be It Further Resolved That:
inspections in connection therewith;
That said banners will hang on Niagara Square, Delaware Avenue
(j) Oversee all housing and building construction and
from Niagara Square to West Tupper Street, Franklin Street
rehabilitation, code enforcement and
between Court Street to West Chippewa Street, Pearl Street
rehabilitation assistance.
between Court Street and West Chippewa Street and West Genesee
(k) Direct or cause to be torn down, blown up or otherwise
Street from Niagara Square to Franklin Street from January 12,
destroyed on an emergency basis, any building or buildings
2004 through February 12, 2004; and
which he or she deems to be ail immediate threat to the
Be It Finally Resolved:
health, welfare and safety to the public;
That said banners meet all the requirements of pertinent City
(l) Exercise such other powers and perform such other
departments and that no existing laws are violated.
duties as may be conferred or imposed upon him by this
PASSED
charter, as the same may be amended from time to time, by
AYES - 11 - NOES - 0
the mayor or by any general law, local law, ordinance or
No. 158 federal or state law.
By: Mr. Fontana Section 2. Insofar as the provisions of this local law are
City of Buffalo inconsistent with the provisions of any other local law or act,
Local Law No. _ (2003) the provisions of this local law shall be controlling.
Introductory No. 16 (2003) Section 3. This local law shall take effect immediately.
A LOCAL LAW amending the Charter of the City of Buffalo in APPROVED AS TO FORM
relation to the powers of the Commissioner of Permit and NOTE: Matter in brackets to be deleted.
Inspection Services LAID ON THE TABLE
BE IT ENACTED BY THE COMMON COUNCIL OF THE
CITY OF BUFFALO AS FOLLOWS: NO. 159
Section 1. That Article Seventeen of the Charter of the City By: Mr. Fontana
of Buffalo, adopted pursuant to law, is hereby amended as Re: Ordinance Amendment
follows: Chapter 322 - Phrenology
§ 17-2. Commissioner of Permit and Inspection Services; The Common Council of the City of Buffalo does hereby
Duties and Powers. ordain as follows:
The commissioner of permit and inspection services shall: That Chapter 322 of the Code of the City of Buffalo be
(a) Supervise, manage and be responsible for the affairs of repealed to read as follows:
the department of permit and inspection services, including [§ 322-1. Definitions.
all matters related to permits and inspections, housing, and As used in this chapter, the following terms shall have the
demolitions. The commissioner shall lead a meanings indicated:
customer-focused department to encourage and facilitate PRACTICE OF PHRENOLOGY -- Includes the offering to
private development within the city. For purposes of this examine or the examining of the head of a person by an
article, the term "permit" shall be deemed to include a individual who advertises or holds himself or herself out as
license, unless otherwise indicated by the context; skilled or proficient in determining the tendencies and
(b) Have charge of all applications to the city or its characteristics of said person upon any such examination.
departments, officers or agencies for permits for the The "practice of phrenology" as herein defined shall not be
construction or remodeling of all non-public buildings or deemed to include the telling of fortunes or the predicting of
other structures within the city, including without limitation, future events or the sale of books on fortune-telling or any
the review of all plans and designs. The commissioner shall practice which is contrary to the provisions of any law.]
have charge of all other permits and all inspections for which [§ 322-2. License required; fee; expiration; revocation.
No person shall practice phrenology in the City of Buffalo perform this duty; and
without a license from the Director of Licenses and Permits, Whereas: In order to execute this plan, the Rule No. 4 of the
as herein provided. The fee for each such license shall be as Council's Rules of Order for 2004-2005 need to be
provided in Chapter 175, Fees; and such license shall expire established prior to the actual organizational meeting; and
on December 17 of each year. Said fee shall accompany the Now Therefore Be It Resolved:
application made to the Director of Licenses and Permits. That the Common Council does hereby establish Rule No. 4
Said license may be revoked at any time by the Director of of the Rules of Order for 2004-2005 to read as follows:
Licenses and Permits for cause after hearing held before "Rule 4. Organization Meeting.
him. The issuance of said license shall be discretionary with At the time fixed by Section 3-8 of the Charter, a member of
the Director of Licenses and Permits. A conviction of the the Council shall convene the first organizational meeting of
licensee in a criminal action by a court of competent the Council in 2004. The member of the Council chosen to
jurisdiction shall be a sufficient cause for revocation of his or convene the meeting will be determined by the alphabetical
her license.] order of the names of the Council districts. The Delaware
[§ 322-3. Application; reports. District Councilmember will convene the meeting in 2004. At
A. Any person desiring to engage in said practice of the start of the meeting, he will call the roll and immediately
phrenology shall first apply in writing to open the floor for nominations for the office of Council
the Director of Licenses and Pen-nits of said city, giving President. After receiving all nominations, he will entertain
particulars as to: statements in support of the nominee(s). After all comments
(1) The location, including space, number of rooms to be have been heard, the convening Councilmember will
used, etc. conduct the election by voice vote. The Councilmember
(2) Whether the practice is to be conducted apart from or in receiving the majority of votes shall become Council
connection with any other calling or business. President and immediately take the seat. After that, the
(3) Whether said practice is to have any connection with following shall be the order of business."; and
fortune-telling as the same is understood within the meaning Be It Further Resolved:
of § 165.35 of the Penal Law or with the sale or distribution That the remaining Rules of Order for 2004-2005 shall be
of literature having to do with such fortune-telling. adopted at the first organization meeting in 2004.
(4) Whether any printed matter of any kind is to be sold or ADOPTED
distributed in connection with said practice of phrenology.
(5) The previous location of the applicant for the past five (5) NO. 161
years. By: Ms. Grant,
(6) How long the applicant has previously been engaged in Bond Resolution
the practice of phrenology. Intermodel Transportation Center
(7) How much training or experience in such practice the Account 3100
applicant has had. Bond Resolution of the City of Buffalo, New York,,
(8) Whether the applicant is a citizen of the United States. authorizing the issuance of $480,000 General Improvement
(9) Whether the applicant has ever been convicted of Bonds of said City to finance the City's share of the cost of
violating any law or ordinance regulating the practice of design and construction of a new Buffalo Intermodal
phrenology. Transportation Center to be located at the Memorial
(10) Whether the applicant has been convicted of any crime. Auditorium site, at the estimated total cost of $480,000.
(11) Any other necessary information required by the The Common Council of the City of Buffalo, in the County of
Director of Licenses and Permits. Erie, New York, hereby resolves (by the favorable vote of not
B. Upon receipt of the foregoing application, the Director of less than two-thirds of all the members of said Common
Licenses and Pen-nits shall refer the same to the Council) as follows:
Commissioner of Police for report thereon, which report shall Section 1. The Comptroller of the City of Buffalo, in the
state that an inspection has been made to the proposed County of Erie, New York, is hereby authorized and directed
location for the practice of phrenology by the to issue General Improvement Bonds of said City in the
applicant.] principal amount of Four Hundred Eighty Thousand Dollars
It is hereby certified, pursuant to Section 3-19 of the Charter, ($480,000), pursuant to the provisions of the Charter of said
that the immediate passage of the foregoing ordinance is City and the Local Finance Law, constituting Chapter 33-a of
necessary. the Consolidated Laws of the State of New York (the "Law"),
APPROVED AS TO FORM to finance the City's share of the cost of design and
NOTE: Matter in brackets to be deleted. construction of a new Buffalo Intermodal Transportation
PASSED Center to be located at the Memorial Auditorium site which is
AYES - 11- NOES - 0 bounded by the Lower Terrace on the north, Pearl Street on
the west, Scott Street on the south and Main Street on the
No. 160 east. The estimated total cost of said specific object or
By: Mr. Fontana and Mr. Coppola purpose for which the bonds authorized by this resolution
First Organizational Meeting in 2004 - Rules of Order are to be issued, including preliminary costs and costs
Whereas: In the past, the Council's first organization meeting incidental thereto and the financing thereof, is $480,000 as
of the year was convened by the Council President, who set forth in the duly adopted 2003 Capital Improvements
proceeded to conduct the meeting and preside over the Budget of said City, as amended..
election of Council offices and the appointment of staff, and Section 2. The proceeds of the sale of the bonds authorized
Whereas: Due to the reorganization of the Common Council, by this resolution, or any bond anticipation notes issued in
there is no longer a publicly elected Council President; and anticipation of the sale of said bonds shall be deposited in
Whereas: As a result, someone is needed to convene the the Capital Projects Fund to the credit of the Department of
meeting and conduct the election; and Public Works, Division of Buildings, "Buffalo Intermodal
Whereas: It has been decided that a rotating roster of Transportation Center, 2003, Bond Authorization Account
Councilmembers following the alphabetical order of the No. 3100, and shall be used for the specific object or
Council districts is a fair method to decide which purpose specified in Section I of this resolution
Councilmember should
Section 3. The City intends to finance, on an interim basis, By: Mrs. Grant
the costs or a portion of the costs of said objects or purposes Transfer of Funds
for which bonds are herein authorized, which costs are General City Charges
reasonably expected to be incurred by the City, pursuant to We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo,
this Bond Resolution, in the maximum amount of $480,000. Comptroller, do hereby certify, pursuant to Section 20-12 of
This Resolution is a the Charter, that it is necessary that the sum of $50,000.00
declaration of Official Intent adopted pursuant to the be transferred and reappropriated from the Capital Projects
requirements of Treasury Regulation Section 1.150-2. Planning, as set forth below:
Section 4. The following additional matters are hereby From:
determined and stated: 30000106-Planning Capital Projects 4451 00-Planning
(a) The building to be constructed is of at least Class "B" Capital Projects
construction as defined by Section 11.00 a. 11. (b) of the $50,000.00
Law, and the period of probable usefulness applicable to the To:
specific object or purpose for which the bonds authorized by 36320706- Improvements Fire Station 445100-
this resolution are to be issued is twenty (25) years. Improvements Fire Station
(b) Current funds are not required by the Law to be provided $50,000.00
as a down payment prior to the issuance of the bonds PASSED
authorized by this resolution or any bond anticipation notes AYES - 11 - NOES - 0
issued in anticipation thereof in accordance with Section
107.00 d. 9. Of the Law. NO. 164
Section 5. Each of the bonds authorized by this resolution RESOLUTION
and any bond anticipation notes issued in anticipation of the By: Mrs. LoTempio & All Councilmembers
sale of said bonds and the renewals of said notes shall Re: Share the 81h Penny of the Sales Tax For the
contain the recital of validity prescribed by Section 52.00 of Good of the Region
the Local Finance Law. Said bonds and said notes shall be Whereas: The City of Buffalo is the urban core of
general obligations of the City of Buffalo payable as to both our region, and the vitality of the City is central to the health
principal and interest by a general tax upon all the taxable of Western New York; and
real property within said City without limitation as to rate or Whereas: Like other cities in the state, all of which use state
amount. The faith and credit of said City are hereby and federal aid to support their budgets, Buffalo's property
irrevocably pledged for the punctual payment of the principal tax base is insufficient to fully fund basic city services; and
of and interest on said bonds and said notes. Provision shall Whereas: After the 9/11 attacks, New York State
be made annually by appropriation by said City for the cut its aid to cities, prompting a fiscal crisis that has resulted
payment of interest on and for the amounts required for the locally in the imposition of a control board and deep cuts that
amortization and redemption of said bonds and said notes. severely threaten city services; and
Section 6. The validity of the bonds authorized by this Whereas: Amid the hardships this fiscal crisis has created,
resolution or any bond anticipation notes issued in there is an opportunity to make major changes to help local
anticipation of the sale of said bonds may be contested only government better serve the people; and
if: Whereas: One historical injustice that should be corrected
(a)Such obligations are authorized for an object or purpose now is Erie County's exclusive claim to the 8th penny of the
for which the City of Buffalo is not authorized to expend sales tax, a claim that must be ratified by the State
money, or Legislature each year; and
(b) The provisions of law which should be complied with at Whereas: Throughout New York State, the sales tax above
the date of the publication of this resolution are not New York State's 4.25% portion is shared on an equitable
substantially complied with, basis among local governments, including counties, cities,
and an action, Suit Or Proceeding contesting such validity, is towns, villages and school districts; three percent is currently
commenced within twenty days after the date of such shared among all these parties in Erie County; and
publication, or Whereas: The 8th percent of the sales tax was
(c) Such obligations aye authorized in violation of the imposed to correct a county government fiscal crisis that was
provisions of the constitution. resolved years ago, and it is an injustice to the taxpayers of
LAID ON THE TABLE Erie County that this 8th penny is not shared with their local
governments on an equitable basis; and
No. 162 Whereas: In Comptroller Hevesi's report that
By: Mrs. Grant prompted the creation of the Buffalo Fiscal Stability
Transfer of Funds Authority, he made it clear that a new source of revenue is a
Common Council - Legislative key part of the solution to Buffalo's problems; the sales tax is
That pursuant to §20-12 of the Charter and the Certificate of an obvious choice to fill that gap; and
the Mayor and the Comptroller submitted to the Common Whereas: County Executive Giambra has claimed that
Council, the sum of $6,000 be and the same is hereby sharing the 81h penny is not possible because it would result
transferred within Common Council Legislative and said sum in an increase for County property taxpayers; however, as
is hereby reappropriated as set forth below: pointed out in a recent Buffalo News article, sharing the 8th
From: penny would allow many local governments to lower their
10 107001 - 411001 Salaries –Regular own property taxes, evening out much of the impact on
$6,000 taxpayers; and
To: Whereas: Rochester (23.7%) and Syracuse (33.4%) get far
10102001 - 412002 Legislative Hourly Salary higher percentages of their county sales tax than Buffalo
$6,000 (12.8%) does, and it is becoming clearer to many, including
PASSED local state legislators and town officials, that the time has
AYES - 11 - NOES - 0 come to bite the bullet and begin sharing the 81h penny of
the sales tax; and
NO. 163
Whereas: State legislators, including Assembly Majority Whereas: The County of Erie has committed to providing the
Leader Paul A. Tokasz, have made it clear that they expect City of Buffalo's 10% share of these costs pursuant to the
a restructuring of the local sales tax formula to be part of any terms and conditions of an agreement entered into between
agreement to extend the County's authority to collect the 8th the County of Erie and Development Downtown, Inc. dated
penny of the sales tax June 29, 2001 and an agreement entered into between the
Now, Therefore, Be It Resolved That: Development Downtown Inc.
This Common Council requests the New York State and the City of Buffalo dated June 2001; and
Legislature to require the sharing of the 8th penny of the Now, Therefore, Be It Resolved:
sales tax when it next authorizes the extension of Erie That this body hereby authorizes the Mayor to execute any
County's authority to collect this tax; and and all documents necessary to apply for and accept funding
Be It Further Resolved That: from New York State pursuant to the 1996 Clean Air/ Clean
The City Clerk be directed to send certified copies of this Water Bond Fund to remediate the 22 acre City owned
resolution to Governor Pataki, to Assembly Speaker Sheldon portion of the Union Ship Canal redevelopment property.
Silver, to the Clerk of the Assembly, to Senate Majority PASSED
Leader Joseph Bruno, to the Secretary of the Senate, to AYES - 11 - NOES - 0
County Executive Joel A. Giambra, and to the members of
the Western New York delegation to the State Legislature. No. 167
ADOPTED By: Mr. Pitts, Fontana, Davis and Gray
Re: Designate Showcase Satellite Sites
No. 165 Whereas: The Showcase Schools Project was a provision
By: Mrs. Martino negotiated by the City of Buffalo and TCI of NY as part of the
SUBJECT: Times Beach cable TV franchise agreement; and
Whereas: The United States of America has awarded Whereas: That provision, which was subsequently assumed
$2,000,000.00 to the Times Beach Public Access Project by Adelphia, required the development of a "Showcase
contingent upon a local match of $500,000.00; and School" to be equipped with video production equipment,
Whereas: The County of Erie has included $300,000.00 in internal wiring, TVs, computers, and a variety of other
the 2003 Capital Budget Funds for the Times Beach Public resources; and
Access Project; and Whereas: The Buffalo Academy for the Visual and
Whereas: The Buffalo Urban Renewal Agency has Performing Arts was designated as the Showcase School,
committed $50,000.00 to the City of Buffalo to assist in and the installation was completed in 2000; and
funding the City share of the projects costs not to exceed Whereas: There was also a provision that nine additional
$100,000.00 for the planning and design of the Times Beach local satellite sites be linked to the system and provided with
Public Access Project. portable production equipment which would allow them to
Now, Therefore, Be It Resolved: contribute to the programming; and
That the City is hereby authorized to accept $50,000.00 from Whereas: City Honors School was formally designated the
the Buffalo Urban Renewal Agency to assist the City in first Showcase Satellite, and the installation of video
funding the City share of project costs as set forth in an production equipment was recently completed; and
intermunicipal agreement between the City of Buffalo and Whereas: Once the eight additional Showcase Satellite sites
the County of Erie setting forth the rights, duties and are designated, Adelphia will move forward with the
responsibilities of the municipalities as it pertains to the installation of the equipment; and
design and implementation of the Times Beach Public Whereas: The Buffalo Cable Access Advisory Board,
Access working with the Board of Education, individual schools, and
Project. the Office of Telecommunications, has identified the
PASSED following sites as being preferred locations for Satellite
AYES - 11 - NOES - 0 School designation: Bennett High School, Buffalo Traditional
High School, Hutch-Tech High School, Lafayette High
No. 166 School, McKinley High School, Riverside High School, South
Mrs. Martino Park High School and the Apollo Media Center;
SUBJECT: Union Ship Canal Therefore be it resolved:
Whereas: On February 19, 2002, this body, as lead agency, That Bennett High School, Buffalo Traditional High School,
accepted the Final Generic Environmental Impact Statement Hutch-Tech High School, Lafayette High School, McKinley
and subsequently accepted the Finding Statement of the High School, Riverside High School, South Park High School
Union Ship Canal Development Project GEIS; and and the Apollo Media Center be designated as Adelphia
Whereas: The action as described in the project's Final GEIS Showcase Satellite locations.
is to return this former industrial property to productive use ADOPTED
through: infrastructure improvements, rezoning for
appropriate industrial and commercial uses; and to create a NO. 168
waterfront park that provides access to the canal thereby BY: Mr. Pitts
enhancing surrounding property for commercial Res: EXCUSE COUNCIL PRESIDENT JAMES W. PITTS
development; and FROM COUNCIL MEETING
Whereas: Prior to developing the 22 acre public access park, WHEREAS: Council President James W. Pitts is
environmental investigations have indicated that unable to attend the Common Council Meeting on
Remediation of the parcel will be necessary; and December 23, 2003.
Whereas: In order to fund the costs of Remediation, we find NOW THERFORE BE IT RESOLVED:
it in the City's interest to apply to New York State for a That the Common Council excuses Council President James
remediaton grant pursuant to the 1996 Clean Air /Clean W. Pitts from attending the Tuesday, December 23, 2003
Water Bond Act. This act permits municipalities to be Council meeting.
reimbursed for 90% of costs incurred in undertaking a ADOPTED
rernediation pursuant to said program; and
NO. 169
By Councilmember Thompson WHEREAS:BORN THE SEVENTH OF EIGHT CHILDREN,
SUBJECT- SET PUBLIC HEARING 460-466 Monroe DEACON DONALD R, SPEED ATTENDED BUFFALO
WHEREAS, Burke Brothers Construction, Inc. and/or other PUBLIC SCHOOLS; AND
legal entity to be formed (herein referred to as the WHEREAS: AFTER GRADUATING FROM HIGH SCHOOL,
"Redeveloper") has been duly designated as qualified and DEACON DONALD R. SPEED ATTENDED CONTINENTAL
eligible Redeveloper in accordance with the rules and BEAUTY SCHOOL BEFORE TAKING COURSES AT
procedures prescribed by the City of Buffalo Urban Renewal MEDIALLE COLLEGE; AND
Agency; and WHEREAS: IN 1956, DEACON DONALD R. SPEED
WHEREAS, the City of Buffalo Urban Renewal Agency and JOINED THE UNITED STATES MARINES, WHERE HE
the Redeveloper has negotiated a Land Disposition WOULD LATER RECEIVE AN HONORABLE DISCHARGE
Agreement for 460-466 Monroe-, and TWO YEARS LATER; AND
WHEREAS, the terms of said Land Disposition Agreement WHEREAS: ONE YEAR AFTER JOINING THE MARINES,
have been approved by the City of Buffalo Urban Renewal DONALD MARRIED THE LATE CECILIA BATES, AND
Agency; and FROM THIS JOYOUS UNION ONE SON (DELMAR) WAS
WHEREAS, said Land Disposition Agreement has been BORN; AND
forwarded by the City of Buffalo Urban Renewal Agency to WHEREAS: ON MAY 16,1970, DONALD AND WANDA FAY
this Common Council for action, pursuant to section 507, CLARK WERE UNITED IN HOLY MATRIMONY, OVER THE
subdivision 2(d) of the General Municipal Law, and YEARS THEY HAVE ENJOYED A FRUITFUL
WHEREAS, Article 15A of the "General Municipal Law" RELATIONSHIP TOGETHER; AND
requires that the disposition of land in an Urban Renewal WHEREAS: DONALD FATHERED THREE CHILDREN:
Project may be approved only after a public hearing on due DONALD JR. (DECEASED), DELMAR, AND ADRIEANNA;
notice. AND
NOW, THEREFORE, BE IT RESOLVED: WHEREAS: DONALD WAS A TRUE LOVER OF THE ARTS
1. That the City Clerk is hereby directed to publish the notice AND PEOPLE, AND WORKED HARD TO MAKE OTHERS
attached hereto and marked "Notice of Hearing" in the FEEL LOVED AND APPRECIATED IN ALL OF HIS
Buffalo News, no later than the 27th day of December 2003. ENDEAVORS; AND
2. That this Common Council will conduct a Public Hearing WHEREAS: MINDFUL OF THE NEED TO GIVE BACK TO
on the matter stated in said "Notice of Hearing" at 2-00 P.M. THE COMMUNITY IN WHICH HE RESIDES AND SERVES,
in the Council Chambers on the 6th of January 2004 DONALD BECAME A MEMBER AND VOLUNTEER AT
ADOPTED GROUP MINISTRIES, INC. IN 1994; AND
WHEREAS: AFTER RECEIVING OVER 200 HOURS OF
NO. 170 HIV RELATED TRAINING, DONALD ACCEPTED A
LAND DISPOSITION AGREE MENT-460-466 Monroe POSITION AT GROUP MINISTRIES AS AN HIV/AIDS
BURKE BROTHERS EDUCATOR, RESPONSIBLE FOR FACILITATING
CONSTRUCTION, INC. HIV/AIDS WORKSHOPS IN LOCAL PRISONS,
BY: Councilmember Thompson REHABILITATION CENTERS, AND CORRECTIONAL
WHEREAS, the Buffalo Urban Renewal Agency has duly FACILITIES
designated Burke Brothers Construction, Inc. and/or other FROM 1995 UNTIL HIS RESIGNATION IN JUNE 2002;
legal entity to be formed as qualified and eligible AND
Redeveloper in accordance with rules and procedures duly WHEREAS: AN ACTIVE AND INVOLVED COMMUNITY
adopted by the Agency-, and ADVOCATE, DEACON DONALD R. SPEED SERVED ON
WHEREAS, the City Clerk has published a Notice of Public SEVERAL LOCAL BOARDS AND COMMITTEES,
Hearing, as required by Section 507, Subdivision 2(d) of the INCLUDING GROUP MINISTRIES, INC. BOARD OF
"General Municipal Law" and DIRECTORS, AIDS NETWORK OF WESTERN NEW
WHEREAS, the proposed Land Disposition Agreement has YORK, THE AIDS LEADERSHIP COALITION OF WNY,
been duly submitted to this Common Council by the Buffalo HEALING, HEALTH AND HOPE MINISTRY, PLWA
Urban Renewal Agency; and COMMITTEE AND THE B.O.R.N. COMMITTEE; AND
NOW, THEREFORE, BE IT RESOLVED: WHEREAS: DEACON DONALD R. SPEED HAS BEEN
1. Burke Brothers Construction, Inc. and/or other legal entity AWARDED THE GROUP MINISTRIES' VOLUNTEER OF
to be formed was duly designated as qualified and eligible THE YEAR (1996), THE
Redeveloper by the Buffalo Urban Renewal Agency, is OUTSTANDING PEER EDUCATOR AWARD (1998), AND
hereby approved as the Redeveloper for 460-466 Monroe. THE
2. That the Mayor, the Chairman, Vice-Chairman, or any PRESIDENTIAL, "WHERE EAGLES DARE" AWARD FOR
officer of the Buffalo Urban Renewal Agency is hereby HIS
authorized to execute any and all deeds or other documents DEDICATED AND UNTIRING SERVICE TO THE MINISTRY
necessary to convey land described in the proposed "Land AND
Disposition Agreement" to Burke Brothers Construction, Inc. THE COMMUNITY; AND
and/or other legal entity to be formed in accordance with the WHEREAS: THIS COUNCIL JOINS MRS. WANDA SPEED,
terms of said Agreement and for the consideration recited DELMAR (TAMMIE) SPEED, ADRIENNA SPEED, DELMAR
therein. JR., DONALD, STEPHAN, ALYSSA, GLADYS MAUL,
REFERRED TO THE COMMITTEE ON COMMUNITY STEPHANIE PERRY, ROSETTA BRUNNER, A HOST OF
DEVELOPMENT NIECES, NEPHEWS, AND ALL THE CITIZENS OF
BUFFALO AND THE NATION, IN MOURNING THE
NO. 171 TRAGIC LOSS OF THIS EXCEPTIONAL MAN; AND
RESOLUTION WHEREAS: IN CELEBRATION OF DEACON DONALD R.
BY: MR. THOMPSON SPEED, GROUP MINISTRIES HAS RESPECTFULLY
(TRAIL BLAZER REQUEST) REQUESTED THAT THIS HONORABLE BODY
WHEREAS: DEACON DONALD R. SPEED WAS BORN ON DESIGNATE THE CORNER OF JEFFERSON AVENUE
JULY 2,1938 IN BUFFALO, NEW YORK TO THE LATE IKE AND EAST UTICA STREET AS"DEACON DONALD R.
AND LIZZIE SPEED; AND SPEED WAY";
NO W THEREFORE BE IT RESOL VED THA T. for medical purposes to seriously and terminally ill patients;
THE COMMON COUNCIL OF THE CITY OF BUFFALO and
DOES HEREBY CELEBRATE THE LIFE OF DEACON BE IT FURTHER RESOLVED THAT:
DONALD R. SPEED, APPROVES GROUP MINISTRIES'S Copies of this resolution be sent to the Speaker of the New
REQUEST TO DESIGNATE THE CORONER OF York State Assembly, the Majority Leader of the New York
JEFFERSON AVENUE AND EAST UTICA STREET IN State Senate, members of the WNY state and federal
HONOR OF DEACON DONALD R. SPEED. Legislative Delegations, and the Governor of the State of
REFERRED TO THE COMMITTEE ON LEGISLATION AND New York.
THE COMMISSIONER OF PUBLIC WORKS REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 172 NO. 173
Resolution BY- ANTOINE M. THOMPSON
Re: Memorialize NYS Legislature on Medical Marijuana Appointments
Legislation Commissioner of Deeds
By: Thompson, Grant and Gray That the following persons are hereby appointed as
WHEREAS: Citizen groups, physicians, health organizations Commissioner of Deeds for the term ending December 31,
and local governments in various parts of NYS have called 2004, conditional, upon the person so appointed certifying
upon the New York State Legislature to adopt A.5796 which under oath to their qualifications and filing same with the City
would legalize the possession, manufacture, sale, Clerk:
administration, delivery, dispensing and distribution of Lisa Nice Maria Rosa
marijuana in connection with medical use of CERTIFIED Total- 2
PATIENTS, and ADOPTED
WHEREAS: New Yorkers suffering from AIDS,
glaucoma,
epilepsy, chronic pain, and other
cancer, multiple sclerosis, UNFINISHED BUSINESS
illness have long sought the right to use marijuana to treat
their symptoms-, and No. 174
WHEREAS: The National Academy of Sciences' Institute of Loc. Law Intro. #13 (2003)-Sal. Of Education Comm.
Medicine has determined that "the accumulated data Chairman
'indicate a potential therapeutic value for cannabinoid drugs, (#184 12/9/03)
particularly for symptoms such as pain relief, control of
nausea and vomiting, and appetite stimulation ... For Mrs. LoTempio now moved that the above item be taken
patients, such as those with AIDS or undergoing from the table. Seconded by Mrs. Grant
chemotherapy, who suffer simultaneously from severe pain, CARRIED.
nausea, and appetite loss, cannabinoid drugs might thus Mrs. LoTempio now moved to lay said item on the table
offer broad spectrum relief not found in any single Seconded by Mrs. Grant
medication"; and LAID ON THE TABLE
WHEREAS: The National Commission of Marijuana and
Drug Abuse reports that marijuana "has been used NO. 175
therapeutically from the earliest records, nearly 5,000 years ANNOUNCEMENT OF COMMITTEE MEETINGS
ago ... and its products have been widely noted for their The following meetings are scheduled. All meetings are held
effects, both physiological and psychological, throughout the in the Common Council Chambers, 13'h floor City Hall,
world."; and Buffalo, New York, unless otherwise noted.
WHEREAS: The New England Journal of Medicine has Regular Committees
stated that prohibiting "physicians from alleviating suffering Committee on Civil Service Tuesday, Dec 30, 2003 at 9:30
by prescribing marijuana for seriously ill patients is A.M.
misguided, heavy-handed, and inhumane"; and Committee on Finance Tuesday, Dec 30, 2003 at 10:00
WHEREAS: On May 25, 2002, The New York Times A.M.
Editorial Board declared that "Medical Marijuana can be a following Civil Service
legitimate treatment for cancer patients who are nauseated Committee on Comm. Dev. Tuesday, Dec 30,2003 at 1:00
by chemotherapy, AIDS patients who lose their appetites P.M.
and other seriously ill people. In cases where a patient is Committee on Legislation Tuesday, Dec 30, 2003 at 2:00
considering stopping treatment because of the agony, or P.M.
cannot keep food down, medical marijuana can be Special Committees
life-saving"; and (Public Disclaimer): All meetings are subject to change and
WHEREAS: The New York State Nurses Association has cancellation by the respective Chairmen of Council
endorsed the therapeutic use of marijuana, noting that Committees. In the event that there is sufficient time given
"Concerns about the safety of marijuana are... misplaced, for notification, it will be provided. In addition, there may be
because the drug is remarkably non -toxic. Overdosing on meetings set up whereby the City Clerk's Office is not made
marijuana in its natural state is virtually impossible"; and aware; therefore, unless we receive notice from the
WHEREAS: The New York State Nurses Associations has respective Chairmen, we can only make notification of what
also argued that prohibiting the use of medical marijuana, we are made aware.
"has led many desperate patients and their families to break
the law to obtain marijuana when prescribed medications No. 176
proved ineffective or too toxic. This not only puts patients at ADJOURNMENT
risk for criminal charges, it makes them vulnerable to On a motion by Mrs. LoTempio, Seconded by Mr. Fisher the
contaminated drugs because there is no quality control 'in Council adjourned at 4:55 PM
the contraband market",-
WHEREAS: A Zogby public op in ion poll conducted *in
Yorkers support a
January 2003 found that 66% of New
policy that would allow physicians to recommend marijuana