HomeMy WebLinkAbout03-0930A
No.18
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
SEPTEMBER 30, 2003
PENSION PROCEEDINGS
SEPTEMBER 18, 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. Pitts
Andrew Sanfilippo
ERIE BASIN MARINA LEASE COMMITTEE: James
COMMON COUNCIL W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr.,
PRESIDENT OF THE COUNCIL Charley H. Fisher III, Joseph Golombek Jr.
James W. Pitts
POLICE REORGANIZATION COMMITTEE: Dominic J.
PRESIDENT PRO TEMPORE Bonifacio Jr., Chairman, Brian C. Davis, Richard Fontana,
Richard A. 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
Dr. Manuele received his Bachelor of Arts, Master of Arts and
Ph.D. from the State University of New York at Buffalo. Dr.
COMMON COUNCIL Manuele is appointed to fill the vacancy created by the
CITY HALL - BUFFALO resignation of Chairman Rev. S. Theodore Berg.
TUESDAY, SEPTEMBER 30, 2003 I hereby certify that the above named individual is fully qualified
AT 2:00 P.M. for reappointment to the City Planning Board.
REFEERRED TO THE COMITTEE ON LEGISLATION, THE
PRESENT - James W. Pitts President of the Council, CORPORATION COUNSEL AND THE DIVISION OF
and and Council Members Bonifacio, Coppola, Davis, COLLECTIONS
Fisher, Fontana, Franczyk, Golombek Grant, Gray
LoTempio, Martino, AND Thompson- 13 NO.3
ABSENT- 0 Certificate of Appointment
Appointment Effective: 10-6-03 in the Department of MAYOR
On a motion by Mrs. LoTempio, seconded by Division of EXECUTIVE to the Position of TELEPHONE
Ms. Gray, the minutes of the stated meeting held on OPERATOR
September 16, 2003 were approved. EXEMPT (PENDING) APPOINTMENT MAXIMUM Starting
Salary
of $30,114.00
FROM THE MAYOR
Lanette Boulware-Wright 127 Harvard Place Buffalo, New York
14209
No. 1
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Appointment of Member
to the Buffalo Board of Parking
FROM THE MAYOR - EXECUTIVE DEPARTMENT
Pursuant to the powers vested in me by Section 18-35 of the
Charter of the City of Buffalo, subject to confirmation by Your
FROM THE OFFICE OF CITIZEN SERVICES
Honorable Body, I hereby appoint the following individual to the
Buffalo Board of Parking for a term commencing immediately
NO. 4
and will expire March 31, 2006.
Monthly report from the Division
APPT.
of Citizen Services - (Mayor's Help
Richard J. Baumann 34
Line - August 2003)
Devereaux Avenue
Attached for your review is the monthly activity report for
Buffalo, 14214
August 2003, from the Division of Citizen Services, listing
Richard J. Baumann is President of Baumann Realtors, Inc., a
requests for city services.
position he has held since 1993. Mr. Baumann has over twenty
In order to analyze the calls, they were compared to service
years of broad experience in property management, site
calls for the last six (6) months and the service calls from
selection, lease negotiations, lease audits, consulting,
August 2002 (attached).
construction and design and management of support services.
In general, total calls were down from last month and service
In addition, Mr. Baumann previously served as Administrative
requests in nearly all categories decreased, with the exception
Vice-President of M & T Bank.
of inspection requests and refrigerator pick-ups.
Mr. Baumann earned a Bachelor of Professional Studies at
Although the calls were still relatively high for refrigerator
SUNY's Empire State College. Mr. Baumann is being
pick-ups - they are now being picked up on a faster basis.
appointed to fill the vacancy created by the resignation of Mr.
Inspection request have remained the same over the last three
Henry C. Gorino.
summers, however the inspection assignments are now being
I hereby certify that the above named individual is fully
made in a shorter time period.
qualified for reappointment to the Buffalo Board of
As always, I hope that you find this information to be helpful.
Parking.
RECEIVED AND FILED
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CORPORATION COUNSEL AND THE DIVISION OF
FROM THE BOARD OF PARKING
COLLECTIONS
NO. 5
NO. 2
CLAIM
Appointment of Member to the
B. Miller Williams
City Planning Board
Item No.81 C.C.P. 9/2/03
Pursuant to the powers vested in me Section 18-23 of the
Per your request, former Council Member B. Miller-Williams
Charter of the City of Buffalo, I hereby appoint the following
filed two claims with Buffalo Civic Auto Ramps Inc. (BCAR)
member to the City Planning Board for a term commencing on
concerning drippings on her cars. BCAR reviewed the claims
October 9, 2003 and expire on October 9, 2006:
and paid several hundred dollars having a 2000 Lincoln
Frank A. Manuele, Ph.D.
cleaned and detailed. In regard to the second car, which was
52 Summit Avenue
some ten years old, BCAR determined that they could not see
Buffalo, NY 14214
any damage.
Dr. Frank Manuele retired his position of Director of the City of
B. Miller-Williams was upset with this response and continued
Buffalo's Division of Planning in December of 1999. He has
dialogue with BCAR. I was asked to mediate the matter, and
served in the Department of Community Development as a
thus asked to inspect the car myself. I was informed that the
Principal Planner, Project Manager and Project Coordinator as
second, older car was sold and was no longer owned by B.
well as the Secretary to the Buffalo Landmark and Preservation
Miller-Williams.
Board. In addition to his employment with the city, he has
The Board of Parking has no insurance and funds from which
served as an Adjunct Professor at Niagara University and has
to pay such a claim. The City is indemnified by BCAR thru their
two years of graduate fellowship teaching in the field of
operating agreement and has determined that the claim was
American Urban History.
not valid.
lot in the event they obtain title to the property under the Urban
REFERRED TO THE COMMITTEE ON CLAIMS
Homestead Program.
The Division of Permit and Inspection Services and the
FROM THE OFFICE OF STRATEGIC PLANNING
Division of Collections have been contacted. There are no
property code violations, taxes or other liens owed to the City of
NO. 6
Buffalo by the homesteaders.
Results of Negotiations
We, therefore, recommend the city-owned vacant lot be
241 Leroy, 638.90’ E Fillmore
designated as a Homestead Property and be transferred to Mr.
Lot Size: 30'x 252'
Michael J. Fafara and Mr. Randy L. Page on the condition the
Assessed Valuation: $3,900
property is cleaned and improved within (6) months and
The Office of Strategic Planning, Division of Real Estate has
maintained in a sanitary manner.
received a request to purchase 241 Leroy Avenue from Mr.
REFERRED TO THE COMMITTEE ONCOMMUNITY
Kenneth E. Sherman, 20 Dromore Crescent, Hamilton, Ontario,
DEVELOPMENT
Canada L8S4A9. Mr. Sherman owns a multiple family home at
243 Leroy and intends to use 241 Leroy for additional yard
NO. 8
space for his tenants.
Transfer of Title
The Division of Permit and Inspection Services and the
Urban Homestead Program
Division of Collections have no objections to the sale. There are
296 Woltz, City-Owned Vacant Lot
no building code violations, taxes or other liens owed to the City
Lot Size: 30' x 118'
by the purchaser.
The Office of Strategic Planning, Division of Real Estate has
The Division of Real Estate has investigated the sale of similar
surveyed the city-owned vacant lot at 296 Woltz Avenue,
residential vacant lot properties in the subject area. Sale prices
Buffalo, New York, parcel is 30' x 118' in dimension; and it has
range from thirty cents (.30) to fifty cents (.50), per square foot.
been determined this parcel is inappropriate for either the
The results of our negotiations are that Mr. Sherman is
construction of new housing or needed for public purposes.
prepared to pay two thousand three hundred dollars ($2,300),
Mr. Ronnie Carr residing at 292 Woltz Avenue, Buffalo, New
thirty cents (.30) per square foot, for the subject property. Mr.
York 14211 indicated he will clean, improve and maintain the lot
Sherman has also agreed to pay for the cost of the transfer tax,
in the event he obtains title to the property under the Urban
recording fees and cost of the legal description.
Homestead
I am recommending that Your Honorable Body approve the sale
Program.
of 241 Leroy Avenue to Mr. Kenneth E. Sherman in the amount
The Division of Permit and Inspection Services and the
of two thousand three hundred dollars ($2,300). 1 am further
Division of Collections have been contacted. There are no
recommending that the Corporation Counsel prepare the
property code violations, taxes or other liens owed to the City of
necessary documents for the transfer of title and that the Mayor
Buffalo by the homesteader.
be authorized to execute the same.
We, therefore, recommend the city-owned vacant lot be
Mrs. LoTempio Moved:
designated as a Homestead Property and be transferred to Mr.
That the above communication from the Office of Strategic
Ronnie Carr on the condition the property is cleaned and
Planning, Division of Real Estate, dated September 23, 2003,
improved within (6) months and maintained in a sanitary
be received and filed; and
manner.
That the offer from Mr. Kenneth E. Sherman, residing at 20
Mrs. LoTempio Moved:
Dromore Crescent, Hamilton, Ontario, Canada, in the sum of
That the above communication from the Office of Strategic
two thousand and three hundred dollars ($2,300.00) for the
Planning dated September 23, 2003, be received and filed; and
purchase of 241 Leroy Avenue, be and hereby is accepted; and
That the city-owned property commonly known as 296 Woltz
That the appraisal requested by the City of Buffalo shall be paid
Avenue, is hereby designated as Homestead Property, and that
by the purchaser; and
the Mayor be, and he hereby is authorized to execute a deed
That the transfer tax, recording fees and cost of legal
transferring said property to Mr. Ronnie Carr, residing at 292
description shall be paid by the purchaser; and
Woltz Avenue, for the amount of One Dollar ($ 1.00) and no
That the Corporation Counsel be authorized to prepare the
more, and all costs of transfer, on the condition the property is
necessary documents for the transfer of title and that the Mayor
cleared and improved within six (6) months and maintained in a
be authorized to execute the same, in accordance with the
sanitary manner.
terms of sale upon which the offer was submitted.
Passed.
Passed
AYES - 13 - NOES - 0
AYES - 13 - NOES - 0
FROM THE COMPTROLLER
No. 7
Transfer of Title
No. 9
Urban Homestead Program
CERTIFICATE OF DETERMINATION OF THE
53 Walter, City-Owned Vacant Lot
COMPTROLLER AS TO TFIE AUTHORIZATION, FORM
Lot Size: 10'x 42.37' North Line,
AND CONTENT, SALE AND ISSUANCE OF A $120,000,000
Triangle Shape
REVENUE ANTICIPATION NOTE-2003/2004-A OF THE
The Office of Strategic Planning has surveyed the
CITY OF BUFFALO, NEW YORK.
city-owned vacant lot at 53 Walter Street, Buffalo, New York,
I, ANDREW SANFILIPPO, Comptroller of the City of Buffalo
parcel is 10' x 42.37' North Line (triangle shape) in dimension;
(herein called the "City"), in the County of Erie, New York (the
and it has been determined this parcel is inappropriate for
"State"), HEREBY CERTIFY AND REPORT, that pursuant to
either the construction of new housing or needed for public
the powers and duties delegated to me, the chief fiscal officer
purposes.
of the City, pursuant to resolution No. 194, duly adopted by the
Mr. Michael J. Fafara and Mr. Randy L. Page own and reside at
Common Council of the City on the 4th day of September,
182 Maurice, Buffalo, New York 14210 and own the vacant lots
1945, which resolution is in full force and effect and has not
at 146 Maurice, 57 and 101 Walter which all adjoin each other.
been modified, amended revoked, and, subject to the
They have indicated they will clean, improve and maintain the
limitations prescribed in said resolution, I have made the Global Markets Inc., New York, New York, as
following determinations: Representative on behalf of all the underwriters as listed
1. In anticipation of the receipt of moneys to be received in the Contract of Purchase dated September 10, 2003
from the State of New York in the amounts and from the between said Representative and the City for the
specific types of revenue as described in the attached purchase price of $121,465,600 plus accrued interest, if
Schedule A, due and payable to the City in the fiscal year any from the date of said Note to the date of delivery
of the City ending June 30, 2003, 1 HEREBY thereof, and I FURTHER DETERMINE that said Note
AUTHORIZE the issuance of a $120,000,000 revenue shall bear interest at the rate of two and seventy-five
anticipation note (the "Note") of the City, pursuant to the hundredths per centurn (2.75%) calculated on the basis
provisions of the Local Finance Law, constituting Chapter of a 30-day month and a 360-day year, payable at
33-a of the Consolidated Laws of the State of New York maturity.
(the "Law"). 7. Said Note herein authorized to be issued shall be executed
With respect to such specific types of revenue, Schedule A in the name of the City by the manual signature of its
attached hereto sets forth (a) the amount of such revenues Comptroller and the corporate seal of the City or a facsimile
recognized for the fiscal year 2002-2003, (b) the amount of thereof shall be affixed, imprinted or otherwise reproduced
such revenues estimated to be received for fiscal year thereon.
2003-2004 as provided in the City's budget, (c) the amount of 8. I HEREBY AUTHORIZE the use of the Official Statement,
such revenue actually received to date for fiscal year dated September 10, 2003 and prepared in connection with the
2003-2004, (d) the amount of revenue anticipation notes issued sale of the Note, which I have herewith executed and delivered
to date in anticipation of the receipt of such revenue, (e) the to the Representative, to be used in connection with the
amount of revenue anticipation notes which may be issued as offering and sale of ownership interests in the Note', and
of this date in anticipation of the receipt of such revenue, further approve of and ratify the use of the Preliminary Official
calculated in accordance with the Law, and (f) the amount of Statement, dated September 5, 2003 in connection with the
revenue anticipation notes comprising this issue which are offering of ownership interests in the Note.
being issued in anticipation of the receipt of such revenue. The I FURTHER CERTIFY that pursuant to the powers and duties
annual budget of the City for 2003-2004 has been adopted. delegated to me, the chief fiscal officer of the City, pursuant to
2. Said Note is not being issued in renewal of any note or the resolution duly adopted by the Common Council of the City
notes. on the 16th day of September, 2003, 1 have heretofore
3. In no event shall the date of maturity of the Note herein executed a Letter of Credit and Reimbursement Agreement
authorized, or the renewals thereof, extend beyond the between the City and The Bank of New York, and a Fiscal
close of the applicable period provided in the Law for the Agency Agreement between the City and Manufacturers and
maturity thereof Traders Trust Company, Buffalo, New York, as the City's
4. The Note shall contain the recital of validity prescribed by Fiscal Agent, each dated as of September 16, 2003, and that
Section 52.00 of the Law and shall be a general obligation said agreements are in full force and effect. The letter of credit
of the City and the faith and credit of the City are hereby issued pursuant to such Letter of Credit and Reimbursement
pledged to the punctual payment of the principal of and Agreement by The Bank of New York with respect to this Note
interest on the Note and, unless the Note is otherwise may be replaced or substituted by another letter of credit
paid or payment thereof is provided therefor, an amount issued with respect to this Note, subject to confirmation by the
sufficient for such payment shall be inserted in the budget City of the outstanding investment ratings on the Note. Upon
of the City and tax sufficient to provide for the payment such substitution, the City shall give written notice thereof to
thereof shall be levied and collected. the registered owner of this Note and the Fiscal Agent.
5. The terms, form and details of said Note shall be as I HEREBY FURTBER CERTIFY that every power and duty
follows: delegated to me to issue and sell said Note hereinabove
Amount and Title- $120,000,000 Revenue Anticipation described, is in full force and effect and has not been modified,
Note-2003/2004-A amended or revoked.
Dated: September 16, 2003 IN WITNESS WHEREOF, I have hereunto set my hand this
Mature: July 29, 2004 16th day of September, 2003.
Number and Denomination No. 1, at $120,000,000 RECEIVED AND FILED
Interest Rate Per Annum 2.75%
The place of payment of principal and interest shall be at the NO. 10
Manufacturers and Traders Trust Company, One M&T Plaza, Demolition Bond and Block Grant Requirements
7th Floor, Buffalo, NY 14203; and the form of said notes shall The requirements for the use of City Bond funds under the
be substantially in accordance with the form prescribed by $3.5 1111111011 Neighborhood and Redevelopment &
Schedule B,2 of the Local Finance Law, constituting Chapter Clearance bond #6500 establishes the requirements for any
33-a of the Consolidated Laws of the State of New York, expenditures,
provided that the Note when issued will be (i) registered in the Local Finance Law, constituting Chapter 33-a of the
name of Cede & Co. as nominee of The Depository Trust Consolidated Laws of the State of New York (the "Law"); to
Company (the "Law"), New York, New York ("DTC") and (11) finance the cost of the demolition of various City-owned
deposited with DTC to be held in trust until maturity. Purchases buildings to provide sites for future neighborhood
of ownership interests in the Note will be in book-entry form in development..."
denominations of $5,000 or any integral multiple thereof We have attached the copy of the Bond Resolution.
Beneficial owners of the Note will not receive certificates The Community Development Block Grant (CDBG) Clearance
representing their interest in the Note. Unless the City requirements as a category of Eligible Activities is included in
determines otherwise, transfers or exchanges of ownership an attachment and explains: Eligible activities Compliance with
interest in the Note may be accomplished via book-entry National Objectives Other considerations
transactions only, as recorded through the book-entry system We are aware that there is a budget issue with emergency
established and maintained by DTC or a successor depository. demolitions in the City. When submitting contracts under bond
6. Pursuant to said powers and duties delegated to me, I DO resolution or block grant there is an adherence to the laws that
HEREBY AWARD AND SELL said Note to Citigroup we must remind the operating departments about.
We have had a number of instances where properties were recently. I talked with the young man when he was trying to
charged in error against tile bond account for properties that make repairs and he stated the house was supposed to be
were not city-owned. We are auditing these and will need to demolished in 2000. 1 am a member of the Hamlin Park
reverse the expenditure. The bond account can be charged for Association, which I attend the Preservation Board meeting and
city-owned properties that qualify and this is taking place. my understanding is that the building was coming down; I also
We are not commenting on what budgets or budget saw it on the demolition list.
reallocations or claims are made available for emergency The following has occurred on my property:
demolitions. That is the purview of the Administration. 1. Because there are no gutters on the house at 98
REFERRED TO THE COMMITTEE ON BUDGET Lonsdale, the water freezes in very large chucks of ice.
My brother, after leaving my house, was seconds from
NO. 11 being killed, when a very large sharp chunk of ice came
ERIE COUNTY BOARD OF ELECTIONS CLAIM down.
ITEM NO 59 CCP 6/10/2003 2. Two people have fallen, in my driveway, plus me,
Regarding Item 59, CCP June 10, 2003, F. Wolf - Monies because so much water accumulates and freeze so thick,
owed to the Erie County Board of Elections. Attached herewith that the salt doesn't help. I am forced to use my front
please find a copy of our memorandum in full settlement of this door, instead of having access to my side door, off from
matter. The city has agreed this payment is warranted and the driveway. This also causes a problem for my 82 year
payment has been made. If you have any question regarding old mother when she visits during the winter months and
this matter, please contact our office. is forced to climb my front stairs.
REFERRED TO THE COMMITTEE ON FINANCE 3. Damages have been done to my car, dents from ice and
scratches because of the debris from the top porch;
NO. 12 there's pails, sticks, etc. (Please note: I was unaware as to
Payroll Audit Procedures who the owner was when the damages occurred.)
Item No. 75 , C.C.P. 7 /22 /03 4. When it rains, to get out of my car and walk to my door
The Department of Audit and Control in the Payroll Audit is like walking under the falls.
section of that division has specific payroll procedures on Last winter, I could not drive my car for three days, not because
appointments. of the locks, but because the water running down froze so
The File Maintenance Procedure is attached. thick, there was no way of getting to the locks or security code.
The employee maintenance record involved in the position of I couldn't get in on the other side because it was close to my
Asst. Mgmt. Analyst(Perm)(Max)(A&F) was received at this house.
office with the necessary information for payroll processing Tree limbs grew through the fence and pushed my fence loose.
(including PR#). The form indicated that the individual was I had them cut down last year, they are back again. This house
being hired at the 5'h step. Our procedures include placing this has been a danger and eye sore for years. I recently read in the
person at the minimum, or in case of someone being promoted paper that the young man, who owned it, had to spend 90 days
to the next step that applies under the specific Union in jail because of non-repairs. I think that was very unfair to him
Bargaining Agreement (#650 at step that is at least $250 higher because I am sure if he could have seen the inside first, he
than current salary level). At a later date, any individual who is would have never purchased the house. That house would cost
to be placed at a higher step than the first would include a a fortune to repair. Placing him in jail is not helping him or us.
supplemental pay request from the division/department with a REFERRED TO THE COMMITTEE ON LEGISIATION, THE
copy of the approval by the Council. The retroactive adjustment COMMISSIONER OF PERMITS AND INSPECTIONS AND
for the difference in pay would be processed at that time. This CORPORATION COUNSEL
individual was mistakenly placed in the step prior to approval of
that higher step based on their experience, education etc. It FROM THE COMMISSIONER OF ASSESSMENT AND
was an oversight. If he is not approved we will adjust his pay TAXATION
and ask for reimbursement. The Budget office reviews salary
ordinances and actual salaries paid providing another control NO. 14
element. Tax Cancellation 2003-2004
The Payroll section's workload during the fiscal year end Adjustment on the General City Tax for 2003/2004 were
included new salary schedules and retroactive payrolls for made on the following properties (list attached) to provide for
several unions for multiple years totaling $15 million and changes due to omitted or incorrect exemptions and
performed this timely based on a schedule used in cash flow assessment errors.
analysis and in Court records. I, therefore, request that a warrant be drawn on General City
We welcome a chance to laud the unit for their tireless work Charges, Org 17221008 Obj 480101 Tax Adjustment Fund, in
during this season of retroactive increases (the month of July favor of the City for the taxes indicated on the attached list in
included annual payments under some of the contracts such the amount of
as Police and Fire). $ 67,481.76.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE Mrs. LoTempio Moved:
FROM THE PRESIDENT OF THE COUNCIL That the above communication from the Department of
Assessment & Taxation dated August 28, 2003, be received
NO. 13 and filed; and
CONCERNS That the Comptroller be, and he hereby is authorized to
98 Lonsdale Road, Buffalo, NV 14208 prepare a check to be drawn on General City -Charges, Org
I reside at 102 Lonsdale Road for 30 years. I am sending this 17221008 Obi 480101 Tax Adjustment Fund, in favor of the
memorandum, to you, so it will be on record when something City for the taxes indicated on the attached list in the amount of
serious happens on my property, this year, it will be $67,481.76.
documented. Passed
The house located at 98 Lonsdale Road has been vacant over AYES - 13 - NOES - 0
7 years. A young man purchased the house, I believe in 1998.
1 did not know, at that time, who owned the house until No. 15
Certificate of Appointment REPORT OF BIDS
Appointment Effective: September 16, 2003in the Department REPLACEMENT OF TRAFFIC SIGNALS ON
of MICHIGAN AVE. BETWEEN
Assessment and Taxation to the Position of Associate Tax MAIN ST. AND BROADWAY AND TWO-WAY
Clerk CONVERSION OF
PERMANENT APPOINTMENT Intermediate Starting Salary MICHIGAN AVE. BETWEEN MAIN ST. AND E. NORTH
of: $33,902 ST.
Carmen Bryant 393 Herman St Buffalo, NY 14211 This is to advise Your Honorable Body that I have advertised
REFERRED TO THE COMMITTEE ON CIVIL SERVICE and received bids on Sept. 24, 3004.
The following bids were received:
No. 16 Contractor Total Bid Price
Certificate of Appointment Destro & Brothers Concrete Co., Inc . $1,011,359.30
Appointment Effective: September 11, 2003 in the Department 411 Ludington St.
of Buffalo, New York 14206
Assessment and Taxation to the Position of Senior Tax Clerk South Buffalo Electric Co . $1,139,557.73
CONTINGENT PERMANENT APPOINTMENT MAXIMUM 21 Foundry
Starting Salary of: $31,694 Buffalo, New York 14207
Latifa A. Mack 159 Hamlin Road Buffalo NY 14208 Spoth Enterprises, Inc . $1,217,113.70
REFERRED TO THE COMMITTEE ON CIVIL SERVICE 8746 Lake Shore Rd.
Angola, New York 14006
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS I hereby certify that the lowest responsible bidder for the above
AND STREETS project is Destro & Brothers Concrete Co., Inc. and I
respectfully recommend that Your Honorable Body authorize a
NO. 17 contract award to Destro & Brothers Concrete Co. in the
NOTIFICATION SERIAL #9730 amount of $1,112,495.23. (Base Bid of $1,011359.30 + [10%
INSTALL STOP SIGNS unit price increases] $101,135.93 equals [Total Award]
IN DOWNING STREET $1,112,495.23.) Funds for this project are available in our
AT JULIUS STREET Capital Project Account for Local Match Reserve. This project
STOP SIGNS (ALL-WAY) - INSTALL if part of the Federally Funded Congestion Mitigation/Air Quality
In conformity with Section 49 of Chapter 479 of the Ordinances (CMAQ) program and is 95% reimbursable. The engineer's
of the City of Buffalo, the City Engineer hereby notifies Your estimate for this work is $1,090,000.00.
Honorable Body of this action supplementing, amending, or Mrs. LoTempio moved:
repealing existing provisions of Chapter 479 of the Ordinances, That the above communication from the Commissioner of
as stated below, to be effective forty five days after the first Public Works, Parks and Streets dated September 26, 2003,
Council meeting at which they appear on the agenda as an item be received and filed; and
business. That the Commissioner of Public Works, Parks and Streets,
That that part of Subdivision 9 Section II of Chapter 479 of be, and he hereby is authorized to award a contract for the
Ordinances of the City of Buffalo be supplemented by adding Replacement of Traffic Signals on Michigan Avenue between
thereto the following: STOP SIGNS Main Street and Broadway and two-way Conversion of
VEHICLES ON SHALL STOP BEFORE ENTERING Michigan Avenue between Main and E. North Streets, to Destro
Downing Street Julius Street & Brothers Concrete Co., Inc., the lowest responsible bidder, in
This action is being taken per "Police Emergency Order". the amount of $1,112,495.23 (base bid of $1,011,359.30 +
NOTIFICATION SERIAL # 9731 [10% unit price increases] $101,135.93 equals total award of
INSTALL STOP SIGN (ALL WAY) $1,112,495.23). Funds for the project are available in Capital
IN CUMBERLAND AVENUE Project Account for Local Match Reserve. This project is part
AT MERIDEN STREET of the Federally Funded Congestion Mitigation/Air Quality
STOP SIGNS - INSTALL program and is 95% reimbursable.
In conformity with Section 49 of Chapter 479 of the Ordinances PASSED
of the City of Buffalo, the City Engineer hereby notifies Your AYES - 13 NOES – 0
Honorable Body of this action supplementing, amending, or
repealing existing provisions of Chapter 479 of the Ordinances, NO. 19
as stated below, to be effective forty five days after the first REPORT OF BIDS
Council meeting at which they appear on the agenda as an item REPLACEMENT OF TRAFFIC SIGNALS ON,
business. AND TWO-WAY
That that part of Subdivision 9 Section II of Chapter 479 of CONVERSION OF MASTEN AVE. BETWEEN E.
Ordinances of the City of Buffalo be supplemented by adding NORTH ST.
thereto the following: STOP SIGNS (ALL WAY) AND MAIN STREET
VEHICLES ON SHALL STOP BEFORE ENTERING This is to advise Your Honorable Body that I have advertised
Cumberland Avenue Meriden Street and received bids on Sept. 24, 2003.
This action is being taken as a result of an investigation into the The following bids were received:
accident history of this intersection precipitated by a written Contractor Total Bid Price
request for all-way stop control. The results of this investigation Destro & Brothers Concrete Co., Inc $499,555.80
indicate that this intersection meets criteria established by the 411 Ludington St.
Federal Highway Administration and the New York State Buffalo, New York 14206
Manual of Uniform Traffic Control Devices for the South Buffalo Electric Co $555,432.54
establishment of multiway stop applications. 21 Foundry
RECEIVED AND FILED Buffalo, New York 14207
Spoth Enterprises, Inc . $601,900.80
NO. 18 8746 Lake Shore Rd.
Angola, New York 14006 one of the high service pump stations including cost, location,
I hereby certify that the lowest responsible bidder for the above and potential power savings resulting from the operation of the
project is Destro & Brothers Concrete Co., Inc. and I generator during peak demand periods.
respectfully recommend that Your Honorable Body authorize a As part of the Emergency Response Plan (ERP) update, the
contract award to Destro & Brothers Concrete Co. in the possibility of potable water being delivered to designated sites
amount of $549,511.38. (Base Bid of $499,555.80 + [10% unit via tanker truck or other means during a loss of water supply is
price increases] $49,955.58 equals [Total Award] under investigation,
$549,511.38.) Funds for this project are available in our Capital Division of Water personnel are attempting to contact
Project Account for Local Match Reserve. This project is part personnel from other cities like Cleveland that lost water during
of the Federally Funded Congestion Mitigation/Air Quality this event to understand, evaluate and circumvent problems
(CMAQ) program and is 95% reimbursable. The engineer's associated with the water system due to a catastrophic power
estimate for this work is $515,000.00. failure. Also, this will help our personnel understand the
Mrs. LoTempio moved: remedial efforts required for the water system after power is
That the above communication from the Commissioner of restored.
Public Works, Parks and Streets dated September 26, 2003, REFERRED TO THE COMMITTEE ON FINANCE
be received and filed; and
That the Commissioner of Public Works, Parks and Streets, NO. 21
be, and he hereby is authorized to award a contract for the REPORT OF EMERGENCY BIDS
Replacement of Traffic Signals on and two-way Conversion of ENGINE 33
Masten Avenue between E. North and Main Streets, to Destro FLOOR SLAB REPLACEMENT
& Brothers Concrete Co., Inc., the lowest responsible bidder, in JOB NO. 0327
the amount of $549,511.38 (base bid of $499,555.80 + [10% I asked for and
unit price increases] $49,955.58 equals total award of received the following emergency proposals for Engine
$549,511.38). Funds for the project are available in Capital 33, Floor Slab Replacement, which were publicly opened
Project Account for Local Match Reserve. This project is part and read on April 23, 2003.
of the Federally Funded Congestion Mitigation/Air Quality The Peyton Barlow Co. $116,000.00
program and is 95% reimbursable. 360 Delaware Ave., Buffalo, NY
PASSED Landmark Construction Co. $119,180.00
AYES - 13 NOES - 0 203 Fillmore, Tonawanda, NY
Pinto Construction $143,700.00
NO. 20 I Babcock St., Buffalo, NY
BACKUP POWER AT Nichter Associates $146,000.00
THE CITY OF BUFFALO'S 3435 Harlem, Cheektowaga, NY
WATER TREATMENT PLANT C. Nichter, Inc. $186,000.00
I hereby submit to Your Honorable Body this information 30 Wildwood, Lancaster, NY
pertaining to backup power at the City of Buffalo's Water I hereby certify that the foregoing is a true and correct
Treatment Plant. statement of all bids received and that The Peyton Barlow Co.,
Currently, the City of Buffalo's Water System, as well as the in the amount of One Hundred Sixteen Thousand and 00/100
Erie County Water Authority (ECWA), do( not have full back up Dollars ($116,000.00) is the lowest responsible bidder in
power for the delivery system. Full backup power was accordance with the plans and specifications.
evaluated briefly in the past, but due to the expense and The floor slab has deteriorated to the point that fire trucks
because of redundant power feeds, the idea was never cannot be parked inside the building. The floor must be
implemented. Listed below are the provisions currently in place replaced immediately to keep the building in service.
for redundant power in our system: Funds for this project are available in 36322206 445100 -
There are two separate redundant high service pump stations. Buildings.
Each station is capable of delivering the average daily demand REFERRED TO THE COMMITTEE ON FINANCE
and each station receives power from separate substations
(separate local power grids). Note: this only provides redundant NO. 22
power in a localized power failure, not in the event the entire BOND CANCELLATION,
Northeast Dower grid fails. 2787 MAIN STREET
The treatment process (low lift pumps, coagulation, It is hereby certified that tile bond described below be
flocculation, and filtration) currently ha full back up power via a cancelled:
generator. Principal: St. Francis Hospital
Prior to the events of August 2003, the Division of Water did Surety: Firemans Insurance Company of Newark,
not anticipate a failure of that magnitude which resulted in the New Jersey
loss of entire Northeast power grid. The Division has taken the Amount: $5,000.00
following steps to evaluate full backup power and to formulate a Structure: Conduit within City right of way
plan of action in the event that water supply is interrupted or Location: Pavement area adjacent to 2787 Main
lost due to a power outage: Street
The Division of Water has met with the Erie County Health This bond is no longer necessary due to the fact tile
Department (ECDOH), the Town of Tonawanda Water encroachment has been removed. The above captioned bond
Department, ECWA, and local hospitals to first understand should be deemed released and cancelled as to future liability
everyone's needs, to discuss the feasibility of water sharing in accordance with the provisions of the City Ordinances.
among the three water providers, and to assist the hospitals Mrs. LoTempio moved:
with their emergency response plan in the event there is a loss That the above communication from the Commissioner of
of potable water. Public Works dated September 25, 2003, be received and
The Division of Water is currently beginning the process of a filed; and
full evaluation of back up power for the delivery system. The That the Commissioner of Public Works, Parks & Streets be,
study will evaluate the feasibility of a back up generator(s) for and he hereby is authorized to cancel the above described
bond with St. Francis Hospital in the amount of $5,000.00 for for this work are to be credited to CPF 30058606 445100 -
pavement area adjacent to 2787 Main Street. Division of Buildings.
PASSED I request that Your Honorable Body authorize the
AYES - 13 NOES - 0 Commissioner of Public Works, Parks & Streets to issue a
change order to the contractor as set forth above.
NO. 23 Mrs. LoTempio moved:
CHANGE IN CONTRACT That the above communication from the Commissioner of
EAST SIDE TRANSFER STATION Public Works, Parks and Streets dated September 22, 2003,
CONTRACT 6E be received and filed; and
JOB NO. 0251 That the Commissioner of Public Works, Parks and Streets be,
I hereby submit to Your Honorable Body the following and he hereby is authorized to issue change order No. 2, to
changes for Job No. 0251, East Side Transfer Station, Patrick Development of Western New York, Inc., a decrease in
Contract 6E, Frey Electric Construction, C #92010646. the amount of $1,154.00, as more fully described in the above
1. Miscellaneous electrical work allowance communication, for work relating to East Side Transfer Station,
not used. Deduct $ 4,188.00 Contract 6G, C #92010645. Funds for this project are available
The foregoing change results in a net decrease in the contract in CPF 30058606 445 100 - Division of Buildings.
of Four Thousand One Hundred Eighty Eight and 00/100 PASSED
Dollars (-$4,188.00). AYES - 13 NOES - 0
Summary: Current Contract Amount
$89,000.00 NO. 25
Amount of This Change Order (#1) Deduct $ CHANGE IN CONTRACT
4,188.00 CITY HALL - MAIN ENTRANCE STEPS, WALLS
Revised Contract Amount & SITE RENOVATIONS - PHASE 2
$84,812.00 JOB NO. 0342
Costs have been reviewed by the Consulting Engineer I hereby submit to Your Honorable Body the following changes
(Malcolm Pirnie, Inc.) and the Department of Public Works, for Job No. 0342, City Hall, Main Entrance Steps, Walls & Site
Parks & Streets and were found to be fair and equitable. Funds Renovations, Phase 2, Summit Construction Group, C
for this work are to be credited to CPF 30058606 445100 - #92010799.
Division of Buildings. 1. Remove and reset four (4) individual landing
I request that Your Honorable Body authorize the stones. Add $ 2,200.00
Commissioner of Public Works, Parks & Streets to issue a The foregoing change results in a net increase in the contract
change order to the contractor as set forth above. of Two Thousand Two Hundred and 00/100 Dollars $2,200.00
Mrs. LoTempio moved: Summary: Current Contract Amount $111,500.00
That the above communication from the Commissioner of Amount of This Change Order (#1) Add $ 2,200.00
Public Works, Parks and Streets dated September 22, 2003, Revised Contract Amount $113,700.00
be received and filed; and Costs have been reviewed by the Consulting Architect (Barton,
That the Commissioner of Public Works, Parks and Streets be, Hovey, Nardini & Tries Architects) and the Department of
and he hereby is authorized to issue change order No. 1, to Public Works, Parks & Streets and were found to be fair and
Frey Electric Construction, a decrease in the amount of equitable. Funds for this work are to available in CPF
$4,188.00, as more fully described in the above 36322206 445100 - Division of Buildings.
communication, for work relating to East Side Transfer Station, I request that Your Honorable Body authorize the
Contract 6E, C #92010646. Funds for this project to be Commissioner of Public Works, Parks & Streets to issue a
credited to CPF 30058606 445 100 - Division of Buildings. change order to the contractor as set forth above.
PASSED Mrs. LoTempio moved
AYES - 13 NOES - 0 That the above communication from the Commissioner of
Public Works, Parks and Streets dated September 24, 2003,
NO. 24 be received and filed; and
CHANGE IN CONTRACT That the Commissioner of Public Works, Parks and Streets be,
EAST SIDE TRANSFER STATION and he hereby is authorized to issue change order No. 1, to
CONTRACT 6G Summit Construction Group, an increase in the amount of
JOB NO. 0251 $2,200.00, ~s more fully described in the above
I hereby submit to Your Honorable Body the following communication, for work relating to Job No. 0342, City Hall,
changes for Job No. 0251, East Side Transfer Station, Main Entrance Steps, Walls & Site Renovations, Contract, C
Contract 6G, Patrick Development of Western New York, Inc., #92010799. Funds for this project are available in CPF
C #92010645. 36322206 445100 -Division of Buildings.
1. Miscellaneous construction work allowance PASSED
not used. Deduct $ 1,154.00 AYES - 13 NOES - 0
The foregoing change results in a net decrease in the contract
of One Thousand One Hundred Fifty Four and 00/100 Dollars NO. 26
(-$1,154.00). ENGINEERING ASBESTOS REMOVAL
Summary: Current Contract Amount BROADWAY STREETS GARAGE
$1,760,105.00 In the process of performing interior demolition of
Amount of This Change Order (#2) Deduct non-bearing masonry walls at the Broadway Streets asbestos
$1,154.00 pipe insulation was found.
Revised Contract Amount Demolition work was stopped and emergency bids were taken
$1,758,951.00 for asbestos removal and related air monitoring as follows:
Costs have been reviewed by the Consulting Engineer Metro Contracting 2939 Lockport Rd. Niagara Falls,
(Malcolm Pirnie, Inc.) and the Department of Public Works, NY$23,875.00
Parks & Streets and were found to be fair and equitable. Funds
Great Lakes Abatement 1927 Elmwood Ave. Buffalo, Although the function of demolitions is the responsibility of
NY$26,124.00 the Department of Permit and Inspection Services I will
This emergency work was completed the first week in respond regarding my knowledge of available capital funds for
September 2003, and permission is requested to charge the this purpose.
related costs to Capital Project Account #36030306. There is currently $7 million of approved but unissued capital
Mrs. LoTempio moved: funds available for demolition activities. $3.5 million was
That the above communication from the Commissioner of approved in the 2001 Capital Budget and $3.5 million from the
Public Works, Parks and Streets dated September 25, 2003, 2002 Capital Budget. As far as I am aware, due to the current
be received and filed; and financial condition of the City, the Comptroller has not
That the Commissioner of Public Works, Parks and Streets, scheduled a bond sale to secure any portion of these funds.
be, and he hereby is authorized to award a contract for REFERRED TO THE COMMITTEE ON BUDGET
asbestos and related air monitoring at the Broadway Streets
Garage. Funds for the project are available in Capital Project NO. 31
Account #36030306. PERMISSION TO HIRE CONSULTANTS
PASSED FIRE DEPARTMENT REORGANIZATION
AYES - 13 NOES - 0 Permission is hereby requested from Your Honorable Body to
hire consultants for the design of new fire stations and
NO. 27 renovations of existing fire stations. The work is required to
EXPLORE OPPORTUNITIES TO EXPAND THE enact the recommendations contained in the Fire Department's
SERVICE AREA OF THE BUFFALO WATER SYSTEM Reorganization Plan prepared by the Fire Department's
ITEM #119, C.C.P. 9/02/03 consultant.
It is my understanding that Section 1048-b of the New York REFERRED TO THE COMMITTEE ON FINANCE
State Public Authorities Law restricts the sale of water from the
Buffalo Water System to residents of the City of Buffalo. NO. 32
I will, of course, yield to any opinion to the contrary issued by PERMISSION TO HIRE CONSULTANT
the Corporation Counsel. VARIOUS ENERGY PROJECTS
REFERRED TO THE COMMITTEE ON BUDGET AND THE Permission is requested from Your Honorable Body for our
CORPORATION COUNSEL department to hire energy related consultants to perform
evaluations and make recommendations related to the following
NO. 28 project areas:
HAZARDOUS TREES Energy savings in City buildings related to energy consumption,
STOCKBRIDGE heat loss, lighting, thermal loads, etc.
ITEM #99, C.C.P. 09/02/03 Energy savings related to conversion of traffic signal light
The following is in response to "C. Thompson- Stockbridge indications from incandescent fixtures to more efficient LED
Ave. Blk. Club-Hazardous Trees": types.
272 Stockbridge - Priority I Removal Cost savings related to an audit of telephone and
275 Stockbridge - Priority I Removal communication systems in City owned facilities.
277 Stockbridge - Priority I Removal Energy and operational savings related to the street lighting
285 Stockbridge - Priority I Removal systems in the City of Buffalo
290 Stockbridge - Priority I Removal Mrs. LoTempio moved:
292 Stockbridge - Priority I Removal That the above communication from the Commissioner of
295 Stockbridge - Priority I Prune Public Works, Parks and Streets dated September 25, 2003 be
296 Stockbridge - Priority 2 Prune received and filed; and
300 Stockbridge - Priority 2 Removal That the Commissioner of Public Works, Parks and Streets be,
308 Stockbridge - Priority 2 Prune and he hereby is authorized to hire energy related consultants
All trees were inspected by the Bureau of Forestry on to perform evaluations and make recommendations related to
September 19, 2003. Work will be performed as funding the project areas as listed above.
becomes available. PASSED
REFERRED TO THE COMMITTEE ON FINANCE AYES - 13 NOES – 0
NO. 29 NO. 33
LEASE OF CITY HALL CAFETERIA 995 NIAGARA STREET
BRAND-ON SERVICES SIDEWALK CAFE
We have received the attached communication from TO REMAIN YEARLONG
Brand-On Services requesting an extension of their current ITEM NO. 150. C.C.P. 5/14/02
short-term lease (until December 31, 2003) of the City Hall Mr. Thomas Murphy, owner of TJ Murphy's Restaurant.
cafeteria. located at 995 Niagara Street, has received permission to
Brand-On Services has spent a significant amount of money to install a sidewalk cafe within City right-of-way at said address
upgrade the equipment in the cafeteria, and their performance (CCP # 150 of May 14. 2002).
has been excellent. We support their request, provided that the Mr. Murphy is now seeking permission for the cafe to remain in
Corporation Counsel indicates that such an extension would be place throughout the year as described in Chapter 413-59
proper. section C (3) of the City Ordinances. The cafe is a wooden
REFERRED TO THE COMMITTEE ON FINANCE AND THE deck measuring approximately 30' in length and projecting 10
CORPORATION COUNSEL from the building face. The Department of Public Works, Parks
& Streets has reviewed this request with regards to pedestrian
NO. 30 traffic and snow storage and has no objection to Your
NEED FOR CAPITAL FUNDS Honorable Body granting said permission.
EMERGENCY DEMOLITIONS Mrs. LoTempio moved:
ITEM # 10 8, C. C. P. 09/02/03
That the above communication from the Department of 04414 230935H 6324-001
Public Works, Parks and 032304 R323CPFAC CM323
Streets dated September 25, 2003, be received and filed; and 032863 R333CHKGE VGA-C2
That the Commissioner of Public Works, Parks and Streets be, 032797 R323CHFAC CM323
and he hereby is authorized to grant permission to Mr. Thomas 72-0051837 8513-001
Murphy, owner of TJ Murphy's Restaurant, located at 995 036264 23VO673 8518-001
Niagara Street, for the cafe measuring 30' in length and H8ZC206TI6 CVM4967T
projecting 10' from the building face, to remain in place 723BC050J 610
throughout the year as described in Chapter 413-59 §C(3) of 041203 230935N 6324-001
the City Ordinances. 041196 23PXHF9 6324-001
PASSED 23LO270 8518-001
AYES - 13 NOES - 0 036412 23-F7775 6091-19
036413 23F5854 6091-19
NO. 34 041257 232624X 6324-301
VEHICLE BODY TRADE-INS 043285 23KI963 6542-301
The Department of Public Works, Parks & Streets, Division 041421 230922L 6324-001
of Streets is requesting permission to accept an offer for a 044178 23FB300 6543-001
trade-in allowance of $6,700 each for split bodies that were 041411 230922K 6324-001
removed from Refuse Trucks SR042, SR044, and SR052. 039140 2310662 6318-001
The credit will be used toward the purchase of 25 cubic yard 043318 23R2366 6542-301
Refuse Bodies. 043525 23WI377 6542-301
Mrs. LoTempio moved: COMPUTERS
That the above communication from the Commissioner of 23XTRMTX 6571-L5K
Public Works dated September 15, 2003, be received and 23AXPBM 6472-L4F
filed; and 034816 23PPV5G 6384V51
That the Commissioner of Public Works, Parks & Streets be, 036835 23LHDTN 6384-M43
and he hereby is authorized to accept an offer for a trade-in T01756 A710117613 MPF-PC/71
allowance of $6,700 each for split bodies that were removed 036269 78PWCVIH 8570-081
from Refuse Trucks SR042, SR044 and SR052. 036265 78PWCVH 8570-081
PASSED 036267 78PVXGB 8570-081
AYES - 13 NOES - 0 036271 78PWCFV 8570-081
FROM THE COMMISSIONER OF POLICE 036162 23BPLPZV 8535-043
23BLRZV 8535-043
No. 35 23-1458810 8530-E21
Various monitors, computers and miscellaneous 23TVHDG 6571-L5K
hardware to be 23GNHB8 6587-79T
auctioned 041186 23AWCFC 6472-L4F
We are respectfully requesting your permission to auction 036160 23BLTDZ 8535-Q43
the following 14" monitors, miscellaneous computer hardware, T01757 A710117858 MPFPC/710
and I13M Computers at the next property auction conducted by 030842 23NTV25 8557-Q45
the Buffalo Police Department. 032858 D1308813 PEER-2030
MONITORS 032796 099010071 KEEN-2530
CITY OF BUFFALO # SERIAL # MODEL# 039122 23ABZZ3 3557-Q86
REFERRED TO THE COMMITTEEE ON FINANCE
032860 VGA-C2
T02233 8513001 NO. 36
032837 CM-323 Certificate of Appointment
041193 23-PXGX9 6324-001 Appointment Effective: September 12, 2003 in the
041203 23-0935N 6324-001 Department of: Police to the Position of: Police Chief
041417 23-0935K 6324-001 Permanent Non-Competitive at the: Flat Starting Salary
041256 23-2624Y 6324-001 of: $ 89,942
AT09401060162 VM1491H Harold McLellan 49 Division Street No.Tonawanda, NY 14120
9370337 VIDE0410 REFERRED TO THE COMMITTEE ON CIVIL SERVICE
90205907 PB 1272A
036828 23-00616 6314-001 NO. 37
23-30427 6314-001 Certificate of Appointment
041410 23-0935L 6324-001 Appointment Effective: September 12, 2003 in the
036161 23N7544 8518-001 Department of: Police to the Position of: Police Captain
036820 23-19172 6314-001 Permanent Promotion at the: Flat Starting Salary of: $
039648 23-81413 6318-001 75,223
039652 23-81418 6318-001 Mark Makowski 185 South Lane Grand Island, NY 14072
041413 23-0935P 39G6234 REFERRED TO THE COMMITTEE ON CIVIL SERVICE
041185 23PX672 39G6234
036159 23N7535 8518-001 NO. 38
041202 23PXGX7 39G6234 Certificate of Appointment
030508 23CTFA8 8513001 Appointment Effective: September 14, 2003 in the Department
041420 230922M 6234-001 of: Police to the Position of: Police Captain Contingent
031896 MC91200925 1430 Permanent
T02235 23GN325 8513-001 Promotion at the: Flat Starting Salary of: $ 75,223
Mark R. Maraschiello 341 Woodmere Drive Tonawanda. NY Department of Permit and Inspection Services. We have, in the
14150 past have been reactive instead of proactive in the handling of
REFERRED TO THE COMMITTEE ON CIVIL SERVICE the inventory of properties currently identified for demolition. All
properties are prioritized by their severity and are being
FROM THE COMMISSIONER OF FIRE scheduled to be demolished in the chronological order they
identified for demolition Recent arson activity by a "fire bug" is
No. 39 placing residents, children and people neighboring these
CERTIFICATE OF APPOINTMENT proper-ties at risk f6i their well being. Another associated
APPOINTMENT EFFECTIVE: September 20, 2003 IN THE problem is the unknown number of Buffalo residents that have
DEPARTMENT OF: Fire TO THE POSITION OF: Battalion had their homeowner insurance cancelled or not being able to
Chief renew their homeowners insurance because of abandoned and
Permanent promotion at the: flat Starting salary of: S67,750 derelict properties close to their homes. There are two funding
Thomas Rapp 33 Southwood Tonawanda, 14223 sources for demolition activity. In the Capital Expenditures
James LaMaccia 32 Timber Lake Orchard Park,14127 Account or Bon( Fund only, properties that are owned by the
REFERRED TO THE COMMITTEE ON CIVIL SERVICE City of Buffalo are eligible for demolition expenditures under the
appropriation. The Community Development Block Grant
FROM THE CORPORATION COUNSEL Account is used to fund the Demolition of properties that and
not City owned and are owned by a private individual or
No. 40 corporation. The last bond sale was for 3 million dollars. Large
Regional Asset Agreement, Revised projects such as the City Ship Canal site remediation, the
After the September 23'd Finance Committee meeting, demolition of the Central Auto complex and funding of the City
further discussions regarding the County of Erie's of Buffalo Demolition crew were funded through the Capital
proposed takeover of Kleinhans Music Hall, Shea's Expenditures Bond Fund. After these expenditures, this let
Performing Arts Center and the Zoo have resulted in the approximately 1.3 million dollars for the demolition of City
following terms, which will be incorporated in the final owned blighted housing. We are projecting that we will
Regional Asset Agreement. demolish approximately 185 houses with these funds. We
1 . Water Consumption at the Zoo. At the present time, there is anticipate demolishing 115, privately owned properties funded
no water meter at the Zoo and their water usage is part of the by Community Development Block Grant Funds. During last
water used by Delaware Park as a whole. As a result, the year's foreclosure action, 358 properties were "struck" t, the
Commissioner of Public Works, Parks and Streets is unable to City and identified for demolition. As we are funded to demolish
suggest a cap figure. The County of Erie and the Zoological approximately 200 properties and take in 358 into the inventory,
Society are amenable to engaging in water conservation efforts it is quite evident why our inventory of houses to be demolished
in the first phase of the Zoo's reconstruction efforts. The increases each year. As of this writing, w have advised the
Agreement currently places a priority on water conservation Commissioner of Assessment that we wish to have no more
efforts at the Zoo. properties "struck" to the City of Buffalo until we can adopt a
2. Name Change. Any change in the name of any of the plan that will allow for the systematic removal and demolition of
facilities would be subject to approval of the Common Council dilapidated properties. It is our belief that the greatest impact
and the Eric County Legislature. from an urban renewal aspect is for an increase to 12 to 14
3. Municipal Solid Waste. Recently, the Zoo arranged for a million dollars in combine block grant and Capital Expenditures
private contractor to haul municipal solid waste to the transfer appropriations over a 3-year period. It is my understanding that
station. The County pays for the transportation to the landfill. Executive ( Strategic Planning Timothy E. Wanamaker has
The City of Buffalo pays for the tipping fee at the landfill. recommended the demolition of 500 properties per year for ten
Presently, the cost of the tipping fee relating to Zoo waste is years. I years past, the Department of Community Development
approximately $2,500.00 per month. After I contacted the Erie was appropriated I million dollars per year for the demolition
County Commissioner of Environment and Planning, the privately owned buildings. Current finding levels are at 800,000
County agreed that the City will not be responsible for the costs dollars per year. The majority of this appropriation expended for
of municipal solid waste disposal at the Zoo. This would result Emergency Demolition as declared by the Department of Fire.
in additional savings to the City of Buffalo in the amount of At the federal level, there has been some talk of a possible
$30,000.00 per year. grant increasing the number of Fire Fighting Personnel. We on
REFERRED TO THE COMMITTEE ON FINANCE the other hand believe that if a revenue source could be
identified for the demolition and removal of derelict properties, it
FROM THE COMMISSIONER OF PERMIT & INSPECTION would mean fewer fire calls.
SERVICES We also believe that there would be fewer police calls if these
vacant buildings were eliminated. The criminal element that
NO. 41 frequents these vacant buildings for drug activity would be
Cap. Funds-Emer.Demo. In C.O.B. forced out of business. A casualty of living to a close proximity
(Item No. 108, C.C.P. 9/2/2003 to a vacant house is to be put on notice by an Insurance
I am in receipt of the above stated Common Council Company that the homeowners insurance will not be renewed.
Communication and wish to supply your Honorable Body with Also there is no greater detriment to a neighborhood than a
the following information. Demolition activity is generated by a vacant dilapidated building. The disrepair and blight that just
hearing process as governed by Section 113 of the Charter and one building on a block of good housing will have a detrimental
Ordinance of the City of Buffalo. Properties are ordered torn effect causing despair and apathy. The demolition of and
down by order of the presiding City Housing Court Judge. removal of these structures shows that the local government
Properties are also identified for demolition by a signed cares about the citizenry and the general welfare of the
"consent form" which is a legal agreement between the neighborhood. The argument can be made to rehabilitate the
homeowner and the City of Buffalo. Properties are demolished vacant housing. But with the general surplus of housing in
by order of the Commissioner of Fire during a conflagration. Buffalo and Western New York, the argument that putting
Properties acquired by means of foreclosure are identified by monies dedicated for demolition into rehabilitation is likened to
mutual agreement with the Director of Real Estate and the putting rouge on a corpse. We in the Department of Permit and
Inspection Services have attempted several methods to save Passed.
monies appropriated for demolition. New York State mandated AYES - 13 - NOES - 0
Pre-Demolition Asbestos Surveys are performed by Building
Inspectors that have been trained in this specialty. This No. 44
process saves the City of Buffalo thousand of Dollars each Certificate of Appointment
week. The Bulk Bidding of properties has resulted in a Appointment Effective: September 22, 2003 in the Department
comprehensive program that has proven to save money. We of
have instituted the bidding out of the sewer and water Community Services Division of Substance Abuse Services
terminations performed for demolition saving the City of Buffalo to the Position of Counselor III PROVISIONAL
thousands of dollars each year. We are currently exploring APPOINTMENT
other options such as building demolition services by volume Maximum Starting Salary of: $34,421.00
for fire emergencies. In year past, the demolition of dilapidated Mary Tomporowski 727 Abbott Road Buffalo 14220
structures did not have the impact, volume or the stigma it REFERRED TO THE COMMITTEE ON CIVIL SERVICE
carries today. As the number of dilapidated buildings increase
and appropriations shrink, the inventory of buildings identified No. 45
for demolition grows. We feel that the time has come to raise CORRECTED
the demolition of vacant and dilapidated buildings to the same Certificate of Appointment
level of service as trash removal, maintenance of streets and Appointment Effective: November 25, 2002 in the
snow removal. As a quality of life issue no person should be Department of
subjected to have to live next to a vacant firetrap placing his or Community Services Division of Substance Abuse Services
her lives in jeopardy. It is my sincere hope that this response to the Position of Senior Counselor PERMANENT
satisfies your inquiry. APPOINTMENT
REFERRED TO THE COMMITTEE ON BUDGET Maximum Starting Salary of $37,732
Arleen Filipski 106 Amherst Buffalo 14220
NO. 42 REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Used Car Dealer
740 Walden FROM THE BUFFALO SEWER AUTHORITY
Pursuant to Chapter 254 of the City of Buffalo
Ordinances, please be advised that I have examined the NO. 46
attach application for a Used Car Dealer License located "Explore Opp.(Expand Service Area of COB Water/Sewer
at 740 Walden and find that as to form is correct. I have Svcs."
caused investigation into the premises for which said (4119, C.C.P. September 2, 2003)
application for a used car dealer license is being sought In response to the above referenced Council Item, please be
and according the attached reports from the Zoning advised that the Buffalo Sewer Authority already has a number
Office, Fire Department and Building Inspections, I find it of contracts outside the City of Buffalo with our suburban
complies with regulations and other applicable laws. I neighbors.
have caused an investigation by the Police Department Recently, we have collaborated with Erie County to begin joint
into the moral character of John Tsakos. The attached bidding and purchasing, a measure that has promoted savings
thereto for John Tsakos. d/b/a Walden Automart Sales & and cost effectiveness. Our Board formally ratified this action in
Services Inc.. This request submitted for your approval or April of this year. Additionally, we continue to work with the Erie
whatever action you deem appropriate. County's Division of Environment and Planning in consolidating
REFERRED TO THE COMMITTEE ON LEGISLATION some facets of our operations as well as merging our
pre-treatment processes.
FROM THE COMMISSIONER OF COMMUNITY SERVICES It is in the best interest of Buffalo Sewer Authority
ratepayers to expand our service area to maximize the
NO. 43 full potential of the Bird Island Wastewater Treatment
Juvenile Justice Formula Grant Program Plant. Additionally, any consolidation efforts are
The Department of Community Services has applied for and approached sensibly with both, the Buffalo Sewer
received a fully executed contract for a grant of $2972.00 from Authority and the ratepayer, in mind.
the New York State Department of Criminal Justice Services to REFERRED TO THE COMMITTEE ON BUDGET
refund a Planning and Administration Grant from the year
2001. The Mayor has approved the program and signed the FROM THE BUFFALO URBAN RENEWAL AGENCY
contract supporting this effort. The Department of Community
Services requests the following action from the Council: NO. 47
1. Please grant the Department of Community Services Comments Regarding the Peace Bridge Expansion
permission to accept the contract. Draft Scoping Document Alternative Screening Report
Goal -. The goal of this program is the planning for and 1.0 Points of Substantial Agreement
administration of Federal Juvenile Justice and Delinquency 1.1 The City of Buffalo recognizes that the Peace Bridge
Prevention Act funds received by the city. Authority (PBA) has conducted a very thorough public
Benefit to the City: The City of Buffalo will receive $2972.00 of participation process.
reimbursement for fringe benefits spent in year 2001. 1.2 The recognition of the potential for Shared Border
Mrs. LoTempio Moved: Management (SBM) in the Draft Scoping Document (DSD)
That the ab6ve communication from the Department of amendment is significant. Establishing the feasibility of SBM is
Community Services dated September 17, 2003 be received of paramount importance to determining sound land use
and filed; and commitment in the City of Buffalo.
That the Commissioner of Community Services be, and he 1.3 Recently, substantial
hereby is authorized to accept a grant from the New York State progress has been made in the evolution of alternatives,
Department of Criminal Justice Services to refund a Planning which give consideration to public comment. Alternative
and Administration Grant from the year 2001. EBNP- I D significantly reduces the transgression of the
plaza and commercial truck activities into the residential 3.7.1 The consistency of the Peace Bridge Expansion
neighborhood. Further study of EBNP- I D together with Proposal and any alternative should be clearly demonstrated
maximizing sound SBM opportunities may have the with the goals and policies of the local waterfront revitalization
potential to mitigate many of the adverse effects on the program.
community. 4.0 The Scope of Mitigation will need to be Further
1.4 The DSD appears to have substantially identified all Developed Within the DEIS
relevant issues to be studied as part of the Draft Environmental 4.1 Buffers
Impact Statement (DEIS). 4.1.1 The buffer area described on Page 30 needs
2.0 Alternatives Proposed to be Retained or Eliminated development prior to study. The influence that a buffer could
COPY AVAILABLE IN CITY CLERKS OFFICE FOR have on air quality, noise, visual quality, and community quality
REVIEW and character is considerable. A transition zone, buffer, or
3.0 Environmental Issues Requiring Specific Study combination of buffering techniques (e.g., building placement,
in Consideration of Alternatives through Draft open space, vegetation, etc.) could have significant impacts on
Environmental Impact Statement the outcome of studies and impact prediction models proposed.
3.1 Financial 4.1.2 Scoping need not be completed as part of the
3.1.1 The financial assistance and development by the environmental review process but, when done, should provide
Federal Government should be explained to address the City's relatively detailed guidance. "The [NYSDEC] agrees that
concerns. There is existing authority for this municipal request additional mitigation may become apparent as EIS preparation
in Executive Order 12372. occurs. The goal during scoping is not to identify all applicable
3.2 Air Impacts mitigation, but to provide guidance regarding the impact that
3.2.1 New York State Department of Environmental will require mitigation and some indication of the nature and
Conservation (NYSDEC) standards and modeling procedures depth of the mitigation that may effective address the impacts."
that meet or exceed Federal Highway Administration (FHWA) 1 It is recommended that the City of Buffalo not endorse the
requirements should be considered. Particular attention should mitigation presented in the DSD as appropriate or complete at
be paid to emergent standards being created by the USEPA in this time as it lacks sufficient detail. However, mitigation is a
the National Ambient Air Quality Standards for Particulate critical part of any environmental review process and may be
Matter being promulgated pursuant to 40 C.F.R. Part 50. further developed in the DEIS.
3.3 Cultural Resources 4.1.3 Mitigation should include mechanisms to evaluate the
3.3.1 The larger study area requiring additional cultural burdens on the host community, including but not limited lost
resources surveys should be agreed upon prior to tax base. Conversely a consideration of enhancements to
implementation of the studies. The area(s) to be studied, community facilities and addition of parklands if restored might
attributes and process should be detailed and agreed upon in be appropriately credited against mitigation if not otherwise
consultation with OPRHP - SHPO. addressed.
3.4 Noise 5.0 Deferral
3.4.1 The area for expansion discussed for the noise analysis 5.1 The deferral of impact assessment cited in sections
should be discussed and the selection of noise sensitive 8.a. 1.2 is problematic from a SEQR perspective in that an
receptions should be insufficient understanding of the scale of impacts, assessment
reviewed and agreed upon prior to study. Further, the noise of appropriate mitigation, and methodology for studies during
sensitive scoping runs the risk of an inadequate level of analysis in the
receptors and modeling methods should give consideration to DEIS. The NYSDEC indicates that "scoping is the correct time
the unique setting of the facility, not standard highway to determine which methodology to use. Some early attention to
applications. this issue in scoping is time well spent." I
3.5 Traffic The City of Buffalo commends the PBA for its considerable
3.5.1 The Project needs to integrate the capacity and effort invested toward developing a solution to the current
desirability of congestion problems at the Peace Bridge in a manner that has
accommodating traffic consistent with existent land usages. extensively sought public input. This is evident from the way in
Niagara which public comment has helped to shape alternatives and
Street travelling South from Massachusetts Street is desirable resulted in EBNP- 1 D that reduces the eastward expansion of
as the the existing plaza and exacerbation of existing negative impacts
International Gateway into the City. The destination parks and on adjacent residential development. The City of Buffalo
resources being developed along the Waterfront may be reiterates the pursuit of a viable SBM option that initially
entered via Niagara Street to Porter Avenue. Commercial appears to satisfy the intent of the project and alleviate the
vehicles travelling to the bridge should not use Porter Avenue. existing nuisance conditions imposed by the Peace Bridge and
Niagara Street North of Massachusetts Street should be Plaza in the United States.
delineated as a commercial truck route due to its ability to REFERRED TO THE SPECIAL COMMITTEE ON
handle commercial traffic. BI-NATIONAL BRIDGE
3.5.2 Traffic safety and accident analysis should be
included in the evaluation of traffic impacts. The study area NO. 48
should undergo mutual review and concurrence by the FHWA, City of Buffalo Urban Renewal Agency Contracts
NYSDOT, GBNRTC, and the City of Buffalo. Submitted for Control Board Review
3.5.3 The efficiency improvements and projects Enclosed please find a matrix listing City of Buffalo Urban
characterized as baseline conditions should be assessed Renewal Agency (BURA) contracts, which have been
against the original studies of traffic and transportation issues approved, but not executed, pending review by your Board.
to ensure that the influences were calculated and considered. The matrix identifies:
3.6 Aesthetics 1) The name of the sub-recipient of Federal funding allocated
3.6.1 The extent and type of visual impact assessment by BURA, or the project name if the funding is for an activity
requires detail, including the development of a methodology for carried out by BURA; and
identifying sensitive resources. 2) A brief description of the nature of the project. The
3.7 Local Water Revitalization Program description which may be cross-referenced for greater detail
with the accompanying BURA Annual Action Plan An additional pending contract is for the engineering of a
(Consolidated Plan); and stabilization of 844-848 Main Street, which is a 100 year old
3) The date the item was approved by BURA at a public structure gutted by fire in, 2003. The engineering drawings are
meeting, and not to exceed $5,000. However the plans are expected to be
4) The amount funded to the project or program through followed by performance of the actual construction work in an
BURA, and the source of the funding. amount not to exceed the total insurance proceeds received as
BURA is a separate municipal body corporate and politic the result of the fire. BURA Board approval to contract for this
created by an act of the State Legislature. The Mayor as Chief work on an emergency basis was obtained on September 11,
Executive Officer of the City, has designated BURA to allocate 2003. The addresses covered by this work are three of six
funding received predominantly under four Federal Entitlement properties acquired by BURA to remove slum and blight and
Grants with programmatic limitations on how the money may be restore the City's tax base by encouraging redevelopment along
spent. Each year BURA undertakes a mandatory public review Main Street between Allentown, and the quickly redeveloping
pursuant to the Citizen Participation Plan, to determine how the Buffalo Medical Corridor. We are requesting authorization to
money will be spent, and then submits its Consolidated Plan to proceed to an award of the emergency stabilization work for the
HUD for approval. The Consolidated Plan, after filled with and premises for an amount not to exceed the insurance proceeds.
approved by HUD, serves as our annual financial guideline for The total cost for plans, partial demolition, stabilization and
allocation of federal entitlement programs repair to the structure will not exceed the insurance proceeds
On the accompanying matrix Items 1 (a)-3 are awards pursuant ($124,000 + $24,000 for debris removal).
to the Emergency Shelter Program (ESG) entitlement grant to I may be reached to answer more specific questions regarding
provide emergency maintenance and operation of existing this submission at 716 851-5053.
shelters or renovations, services to homeless or at risk of REFERRED TO THE COMMITTEE ON COMMUNITY
homeless individuals (i.e. soup kitchens, clothing etc.), and DEVELOPMENT
homelessness prevention (i.e. emergency rent and utility
payment, legal fees re evictions). FROM THE CITY CLERK
Items 3(a) and 3(b) fund the Owner Occupied Housing Rehab
Program through the Federal Home Investment Partnership NO. 49
Program (HOME) in the amount of $2 Million, and the annual LIQUOR LICENSE APPLICATIONS
Community Development Block Grant for $290,243 (Con Plan Attached hereto are communications from persons applying for
pages 222-223). The program provides loans and grants of liquor licenses from the Erie County Alcohol Beverage Control
less than $50,000 per household to low to moderate income Board.
individuals to maintain the owner occupied housing stock in the Address Business Name Owner's Name
City of Buffalo. Approximately 150 conditional grant/loans were 115 Chicago St 642- Main Street Subject corporation
written under this program last year. Approximately 200 loans 365-367 Connecticut St Mohamed A. Khan Mohamed A.
are currently pending at the current time Khan
Items 4-7 reference allocations pursuant Housing 247 Ludington 247 Ludington Street James J.
Opportunities for Persons with Aids (HOPWA) entitlement Carluci
grant. The critical need within the City of Buffalo for these 199 Delaware Sean Murphy Sean
awards was determined after the Citizen Participation Plan was Murphy
completed and is set forth at pages 4-5 of the Consolidated RECEIVED AND FILED
Plan.
Items 8 - 33 are the BURA Board approved allocations for Year NO. 50
29 (May 1 st 2003 - April 30th 2004. The annual Community LEAVES OF ABSENCE WITHOUT PAY
Development Block Grant is the funding source. I transmit herewith notifications received by me, reporting the
Items 8-14 are grants for Direct Economic Assistance granting of the leaves of absence without pay, in the various
(Consolidated Plan pp. 153-160) intended to promote departments as listed:
commercial development through the aid of small businesses x Police- Brian Winnie, Scott Hirsch
in blighted area. The programs are intended to assist in the x Corporation Counsel- David State
funding of storefront facades, the preparation of business x Permit and Inspection Services- Joseph Parisi
plans, and the relocation and expansion of home businesses to RECEIVED AND FILED.
commercial corridors in blighted areas.
Item 15 is funding for the completion of City of Buffalo's NO. 51
Comprehensive Plan. REPORTS OF ATTENDANCE
Items 16-33 all involve human service and economic I transmit herewith communications received by me, from the
development components serving families and seniors. The various boards, commissions, agencies and authorities
youth programs benefit the economic recovery of the City of reporting the membership attendance at their respective
Buffalo by providing supervised instructional and recreational meetings:
settings for children, provide guidance and structure to youths X Buffalo Sewer Authority
at risk, and the parent(s) to enter or remain in the work force. RECEIVED AND FILED.
The senior citizens services provide counseling and nutritional
needs to one of our poorest and most frail populations. NO. 52
recreational services, and nutrition and counseling related NOTICES OF APPOINTMENTS - COUNCIL INTERNS
services for seniors. Item 35 ($50,000) is for sidewalk repair in I transmit herewith appointments to the position of Council
the North District. Intern.
Item 36 ($6,000) is a State regulatory fee added on top of our Mrs. LoTempio moved the approval of the appointments to the
cost of remediating historic PCB contamination at 487 Seneca position of Council Intern.
Street. Although neither the City or BURA were the party ADOPTED.
causing the contamination the State still charges the local CERTIFICATE OF APPOINTMENT
municipality oversight costs for the municipality taking on the Appointment Effective September 2, 2003 in the Department
cost of abating environmental conditions. of Common Council, to the Position of Intern V
Seasonal, Non-Competitive at the Flat Starting Salary of $ Appointment Effective September 22, 2003 in the
8.00/hr Department of
Sandra J. Szczepankiewicz, 142 Ryan Street, Buffalo, NY Public Works, Division of Recreation to the position of Special
14210 Service Instructor, SEASONAL, Non Competitive at the flat
CERTIFICATE OF APPOINTMENT Starting Salary of $8.15 ph
Appointment Effective SEPTEMBER 16,2003 in the Wilkinson Jim, 83 Philadelphia, Buffalo 14207
Department of CERTIFICATE OF APPOINTMENT
COMMON COUNCIL to the Position of INTERN IV Appointment Effective September 15, 2003 in the
Department of
SEASONALNON-COMPETITIVE at the flat
Public Works, Division of Recreation to the position of Special
Starting Salary of $6.00/hr
Service Instructor, SEASONAL, Non Competitive at the flat
28 Barthel St, B
Darnell Jackson,uffalo 14211
Starting Salary of $8.15 ph
th
Rebecca Nieves, 239 15 Street, Buffalo, 14213
NO. 53
CERTIFICATE OF APPOINTMENT
NOTICES OF APPOINTMENTS - SEASONAL/FLAT
Appointment Effective September 15, 2003 in the
I transmit herewith certificates received by me, reporting
Department of
seasonal and flat salary appointments made in various
Public Works, Division of Recreation to the position of
departments.
Supervising Lifeguard, SEASONAL, Non Competitive at the
RECEIVED AND FILED.
flat Starting Salary of $6.50 ph
CERTIFICATE OF APPOINTMENT
Cichowski, Eric, 10 Gordki, Buffalo, NY 14206
Appointment Effective 09/15/03 in the Department of
VanAlstine, Sarah, 371 Villa Ave, Buffalo, NY 14216
Public Works, Division of Recreation to the Position of
Wager Nicholas, 412 Schiller, Buffalo 14212
Fee Collector Seasonal, Non Competitive at the flat
Ziolowski Jamie, 287 Choate, Buffalo 14220
Starting Salary of $5.15 ph
Certificate of Appointment
Burvid MaryAnn, 128 Sheffield, Buffalo 14220
Appointment Effective September 25, 2003 in the
Wachowicz Kathleen, 81 Barnard Avenue, Buffalo 14206
Department of
CERTIFICATE OF APPOINTMENT
Public Works, Division of Recreation to the position of
Appointment Effective 9/23/03 in the Department of
Swimming Pool Attendant, SEASONAL, Non Competitive at
Public Works Division of Streets to the Position of
the flat Starting Salary of $5.15 ph
Laborer II SEASONAL APPOINTMENT at the flat
Ron Ashley, 47 Marine Dr, Buffalo, NY 14202
Starting Salary of $8.15 hr.
Joseph Rodriquez, 297 Dowing Street, Buffalo, NY 14220
NO. 54
Richard Hehir, 844 Abbott Rd., Buffalo, NY 14220
APPOINTMENTS - TEMPORARY, PROVISIONAL OR
CERTIFICATE OF APPOINTMENT
PERMANENT
Appointment Effective 09/15/03 in the Department of
I transmit herewith Appointments in the various departments
Public Works, Division of Streets to the Position of
made at the Minimum (Temporary, Provisional or Permanent)
Laborer II, SEASONAL at the flat Starting Salary of $8.15 hr.
and for Appointments at the Maximum (as per contract
Mark Mosca, 558 Dorrance Ave., Buffalo, NY 14218
requirements) .
CERTIFICATE OF APPOINTMENT
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
Appointment Effective September 16, 2003 in the
CERTIFICATE OF APPOINTMENT
Department of Public Works, Division of Recreation to the
Appointment Effective: 9/16/03 in the Department of
Position of Lifeguard, Seasonal Non Competitive At the flat
Administration & Finance, Division of Treasury to the Position
Starting Salary of $6.25 ph
of Contract Specification Clerk, Permanent Promotion at the
Brady Jason, 208 North, Buffalo 14201
Minimum Starting Salary of $30,914.00
Centinello Frank, 253 Davey, Buffalo 14206
Darlene Lapinski, 51 Wood, Buffalo NY 14211
Liszka Julie, 17 Matejko,
Buffalo 14206
AMENDED
Logal John, 55 Virgil, Buffalo 14216
CERTIFICATE OF APPOINTMENT
Crespo Migdalia, 379 Military, Buffalo 14207
Appointment Effective September 15, 2003. in the
Laracuente Lindsay, 91 Aldrich, Buffalo 14220
Department of
Steele Danielle, 24 Eden, Buffalo 14220
Assessment and Taxation to the Position of Clerk 55A /
CERTIFICATE OF APPOINTMENT
Non-Competitive PERMANENT APPOINTMENT at the
Appointment Effective September 29, 2003 in the
minimum Starting Salary of $25,162Heather Scardino, 47
Department of
Coburg Street, Buffalo NY 14216
Public Works, Division of Recreation to the position of Rink
CERTIFICATE OF APPOINTMENT
Attendant
Appointment Effective 09/15/2003 in the Department of
SEASONAL, Non Competitive at the minimum Starting Salary
Community Services, Division of Substance Abuse Services
of
to the Position of Counselor III, Permanent Appointment
$5.15 ph
at the Starting Salary of $30,555.00
Trillzio Amanda, 108 Laird, Buffalo 14208
Ida Berzon, 92 Rand Ave., Buffalo 14216
CERTIFICATE OF APPOINTMENT
CERTIFICATE OF APPOINTMENT
Appointment Effective September 29, 2003 in the
Appointment Effective 09/15/2003 in the Department of
Department of
Community Services, Division of Substance Abuse Services
Public Works, Division of Recreation to the position of Rink
to the Position of Counselor III, Provisional
Attendant,
Appointment
SEASONAL, Non Competitive at the flat Starting Salary of
$5.15 ph
at the
Starting Salary of $30,555.00
Chamberlin William, 125 Eckhert, Buffalo 14207
Lauris Robinson, 241 Humboldt Pkwy, Buffalo, 14208
CERTIFICATE OF APPOINTMENT
CERTIFICATE OF APPOINTMENT
Appointment Effective October 6, 2003 in the Department of
community. I am enclosing a copy of the customer notices
to the
Permit & Inspection Services, Division of Licenses
describing these changes.
Position of
License Inspector, Permanent Starting Salary of
Beginning in October 2003, Adelphia will be unveiling its new
$34,156
Adelphia ValuePaks, which will provide customers with more
Jason M. Bailey, 16 Lafayette Ave., Buffalo, NY 14213
entertainment choices and make the selection of digital
CERTIFICATE OF APPOINTMENT
entertainment options simple and easy for our customers.
Appointment Effective September 23, 2003 in the
We are very excited about these new digital packages as they
Department of
were designed with customer flexibility in mind. The new
Public Works, Division of Recreation to the Position of
Adelphia ValuePaks offer our customers more entertainment
Community Recreation Aide, Temporary at the Starting Salary
choices in a greatly simplified manner. We're offering exciting
of $28,624.00
new programming services such as Lifetime Movie Network,
Rogers Stephen, 69 19th Street, Buffalo 14213
SoapNet, Toon Disney, Fox Sports Digital Networks,
CERTIFICATE OF APPOINTMENT
Independent Film Channel, and Sundance. And Customers will
Appointment Effective: September 15, 2003 in the
soon be able to enjoy High Definition Television.
Department of Public Works, Parks & Streets, Division of
As a courtesy to existing customers, Adelphia will not
Water to the Position of Caulker, Temporary,
discontinue our existing packages to current customers
Non-Competitive at the Minimum Starting Salary of $32,392.00
at this time. However to receive the new channels,
David P. Zielinski, Jr., 224 Geary Street, Buffalo, New York
customers must select one of the new packages.
14210
Adelphia's existing programming packages will no longer
CERTIFICATE OF APPOINTMENT
be available to new customers or to current customers
Appointment Effective: September 15, 2003 in the
who change or discontinue their service.
Department of Public works, Parks & Streets, Division of Water
Please review the enclosed documents for detailed information
to the Position of Caulker Supervisor I, Provisional Appointment
regarding the proposed changes. Feel free to contact me if you
at the Minimum
would like to discuss these changes, or any other aspect of
Starting Salary of $36,910.00
Adelphia's service to the City of Buffalo
Michael Wolasz, Jr., 53 Huntley Road, Buffalo, New York
REFERRED TO THE COMMITTEE ON
14215
TELECOMMUNICATIONS AND THE OFFICE OF
TELECOMMUNICATIONS
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
NO. 57
NON-OFFICIAL COMMUNICATIONS
COPY
D. JOHNSON-CONCERNS-PROJECT EXILE
NO. 55
September 23, 2003
CIMINELLI CONSTRUCTION-BOARD PACKET
Mr. Frank J. Clark
DOCUMENTS
Erie County District Attorney
Attached are the following documents that were approved at
25 Delaware Ave.
the September 11, 2003 Joint Schools Construction Board
Buffalo, NY 14202
Meeting.
Dear Mr. Clark:
Final Agenda for meeting dated September 11, 2003
I am a homeowner and registered voter who lives on Buffalo's
Meeting Minutes from JSCB Meeting dated August 13, 2003
east side. I am outraged by your apparent reluctance according
and the Revised Resolution of the Joint Schools Construction
to recent articles in the Buffalo News-to use Project Exile to
Board dated August 13, 2003.
remove significant numbers of guns and felons from Buffalo's
Application and Certificate for Payment No. 13 - September 30,
streets.
2003.
Most of the residents of this community-whether they're
Bevlar & Associates Inc. Construction Contract Monitoring and
homeowners or renters-have worked very hard and sacrificed
Compliance Services Monthly Report for the Dr. Lydia Wright
much to maintain their homes and otherwise invest in the
School of Excellence #89 July 2003.
community. We have as much right to live in a safe and
Bevlar & Associates Inc. Construction Contract Monitoring and
peaceful environment as anyone in more affluent areas or in
Compliance Services Monthly Report for the District Wide
suburban communities.
Technology Project - Phase I and Phase 11 - July 2003.
Elected officials like you have a legal as well as a moral
Resource Planning & Associates Inc. Construction Contract
obligation to use every tool at their disposal to maintain law and
Monitoring and Compliance Services Monthly Report for the
order by removing weapons and individuals that are devastating
Integrated Projects - July 2003 and August 2003.
our community. I don't care how protective you are of your
Career Path Meeting Minutes dated June 19, 2003.
"turf." Citizens should not have to listen to gunfire from the
REFERRED TO THE COMMITTEE ON EDUCATION
"comfort" of their homes. Citizens should not be afraid to sit on
their front porches or let their children play in the yard because
you don't want to work with other agencies.
NO. 56
Individuals as well as community service organizations are
ALDELPHIA-VALUE PACK
doing their part to improve the community. Now it's up to
Charles L. Michaux. III, City Clerk
elected officials like you to insure the enforcement of laws
CITY OF BUFFALO
which are already on the books. Any elected official who does
Buffalo City Hall
not do so should be voted out of office.
65 Niagara Square, Rm 1308
Sincerely,
Buffalo, New York 14202
Diana M. Johnson
Dear Mr. Michaux:
RECEIVED AND FILED
As part of our ongoing effort to keep you informed of key
aspects of our service, I'd like to tell you about some package
NO. 58
and programming changes that will soon go into effect in your
B. DAVIS LOT 32 WOHLERS AVE
Attached available for review in The City Clerk's Office.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE financial assistance (S5 million) to help the County on tax
COMMISSIONER OF PERMITS AND INSPECTIONS, THE claims.
COMMISSIONER OF PUBLIC WORKS AND THE June 14, 2000 - Senate Finance Committee memo that details
CORPORATION COUNSEL the NIFA Legislation while listing the appointing authorities for
all financial control boards in New York State.
NO. 59 May 31, 2001 - Memorandum from NIFA Chair Frank Zarb
L. SCONIERS setting forth Labor Guidelines for negotiating contracts.
TOWNE GARDENS, LTD. September 24, 2001 - minutes of the NIFA in which they
SERVICE AT 225 HICKORY STREET authorized payment of $103,000 of the $5 million and $25
ACCOUNT NO. 04074405 million of the $100 million in state aid.
DISPUTED WATER & SEWER CHARGES October 10, 2001 - Press release on NIFA' rejection of the
APRIL-JUNE, 2003: $80,420.63 Nassau County 2002 budget and the 2002-2005 Nassau
Dear Ms. Hunter: County Multi-Year Financial Plan.
By letter dated July 14, 2003, Towne Gardens objected February 2002 - Article from Governing. Com that briefly details
to the above referenced water and sewer bill. Subsequent the history of NIFA to that date, including the fact that the
to that letter, I spoke with you on the telephone regarding County had to rewrite its budget four times before NIFA would
the status of Towne Gardens' objection to this bill. At that accept it.
time, you informed me that your "Commissioner was June 17, 2002 - letter from NIFA Chair Frank Zarb requesting
reviewing the matter and that you would inform me when Governor Pataki to support State legislation on several items
a proposed resolution was made. To date. I have not designed to improve Nassau County's fiscal situation.
heard from anyone regarding this matter. October 7, 2002 - Executive Summary of the NIFA Review of
I am again requesting American Water Services to inform the 20032006 Nassau County Multi-Year Financial Plan.
Towne Gardens why actual readings of this account were not March 13, 2003 - Standard & Poor's upgrade of Nassau
had for six consecutive quarters and/or what "technology County General Obligation bonds in which they credit
problems associated with [the] water metering device" caused transitional state aid and $101 million in NIFA debt
the account to be under billed. restructuring among other factors supporting the upgrade.
I have been authorized by Towne Gardens to request that all REFERRED TO THE COMMITTEE ON BUDGET
future water and sewer charges be based upon actual water
meter readings. I am therefore requesting that American Water NO. 62
Services contact Mr. Alex Billups, Manager, Towne Gardens at T. FITZPATRICK-CONCERNS HAZ MAT DEPT
856-8870 and arrange a mutually convenient time to meet and Two years ago, we as a nation wondered what was
develop a schedule to have this account and Towne Gardens' next. Locally, our concerns were centered on how
other water meter read at least every month. Towne Gardens prepared were we to prevent or mitigate a terrorist event.
does not wish to be at the mercy of American Water Services Being a border city on the world's largest supply of fresh
as to how often the water meters will be read. The financial water, in conjunction with the fact that Western New York
condition of the development cannot support unfunded ranks P in the nation for transportation of hazardous
contingent liabilities for unbilled led water charges, due to materials through an area, strongly identified us as a
estimated readings and "technology problems associated with potential target. This Risk/Threat assessment was further
the metering device. reinforced with Buffalo's placement at number 34 out of
Please provide a response to this inquiry at your earliest the top 120 urban settings, on the Nunn Luger Dominicci
opportunity. Domestic Preparedness initiative, and early selection for
Yours truly, inclusion in the National Metropolitan Medical Response
REFERRED TO THE COMMITTEE ON FINANCE, THE System.
COMMISSIONER OF PUBLIC WORKS AND THE BUFFALO Terrorism is nothing other than a deliberate hazardous
WATER BOARD materials incident, and fortunately the Buffalo Fire Department
began rebuilding its HazMat Operations nine years ago. We
NO. 60 have spent thousands of hours and thousands of dollars
B. DAVIS-NOTICE OF HAZARDOUS CONDITION 183 training these dedicated professionals.
ORANGE STREET Unfortunately, over the last two years, we have seen dwindling
Dear Mr. Michaux: local support for our HazMat responders. The closing of
I am contacting you to notify the City of Buffalo about a Engine 18 (a core HazMat company), and the sale of our
hazardous condition in my community. training/storage facility at Washington and Tupper Streets had
The exact address of this hazard is: a significant impact on HazMat response.
Tree that needs to be trimmed or removed (circle one) Through training and dedication on the part of the remaining
Attached available for review in The City Clerk’s Office. HazMat companies, we have adapted to overcome these
RECEIVED AND FILED obstacles, and continue to provide the highest level of
HazMat/Terrorism response available.
NO. 61 At this time, the closing of any other HazMat companies will
D. DAVIS-INFO NASSAU INTERIM FINANCE have a severe effect on our HazMat response. Furthermore, the
AUTHORITY closing of Rescue- I will cripple our response capabilities to the
As background for Councilmembers, Council Staff has point that it will be years, if ever, we are to return to our present
retrieved the following documents from the internet, level of response.
regarding the Nassau Interim Fiscal Authority (NIFA): Rescue-] fills two primary functions at a HazMat/Terrofism
June 23, 2000 - press release in which Governor Pataki event, primary entry to perform life rescue operations and
announces the formation of the NIFA. Of interest are the technical support to act as on-scene scientists utilizing
emphasis put on NIFA's ability to save money for Nassau state-of-the-art technology that requires continual intense
County by refinancing its debt, "special state transitional aid training, Rescue- I is also the primary company for building
totaling $100 million over 5 years", and special technical and collapse response, confined space rescue, auto extrication,
high-angle operations and water rescue. Their experience is Station. While the total number of Police Officers assigned to
not something you can replace overnight. C District may change based upon available staffing, and
In response to the MMA report, I would like to say that NDAA's fluctuations in the demands and needs for police service, the
efforts may have been honorable and undertaken in good faith, total number assigned to the Lovejoy Station will remain similar
but I question their knowledge of the Buffalo Fire Department to what is now assigned there (70). once again , this may
and its operations and capabilities. The fact that they did not change depending on available staffing, size of the sectors
interview myself, as head of HazMat Operations, or Don covered by the Lovejoy Station, and changes in the demand
Stoeckl, Captain of Rescue- 1, indicates that MMA has totally and need for police service.
missed the depth and breadth that Rescue- I has on Fire This proposal will bring to a close an issue which has
Department operations in the city of Buffalo. What other consumed this Department since 1972 when Cresap,
assumptions have they made based on their experience in McCormack and Paget recommended replacing precincts with
other cities and other departments? five districts. This final piece or reorganization differs
Finally, I would ask the City leadership to mandate the somewhat in that two facilities will be used for operations.
Buffalo Fire Department to submit its own new After much deliberations it is apparent that this is the best
comprehensive plan to re-structure the Fire Department course of action for a number of reasons. First, calls for service
regardless of the outcome of this difficult situation. and crime statistics; C District accounts for over 30% of priority
Sincerely, 1&2 calls, and over 26% of total calls for service city-wide. In
Thomas M. Fitzpatrick addition this area also accounts for over 27% of city wide
Captain - HazMat Operations arrests and over 25% of citywide Part 1 Crimes.
Buffalo Fire Department Also, by having two facilities, the size requirement of the C
REFERRED TO THE COMMITTEE ON BUDGET District Building at Ferry & Fillmore will be less, allowing more
room for other future commercial development in that area.
NO. 63 Mrs. LoTempio moved:
R. FONTANA-BUFFALO PUBLIC SCHOOLS That the above communication from the Police Department
Please file the attached documents for the dated July 17, 1997, be received and filed; and
September 3oth meeting of the Common Council. That the Common Council does hereby grant its final approval
Attached available for review in The City Clerk's 0ffice to the Police reorganization process as it relates to the
REFERRED TO THE COMILTITEE ON EDUCATION AND establishment of C District end its organizational and
TINTE BOARD OF EDUCATION operational structure. PASSED AYES- 12 NOES- 0
REFERRED TO THE SPECIAL COMMITTEE ON POLICE
REORGANIZATION
NO. 64
R. FONTANA-CCP#38 7/22/97-POLICE REORG-C
NO. 65
DISTRICT PROPOSAL
J. GOLOMBEK- S. GONZALEZ-REQ PURCHASE OF USED
NO, 38 POLICE REORGANIZATION - C DISTRICT C
VEHICLE FOR PARK RANGER
DISTRICT PROPOSAL The Mayor and the Police Department
Dear Councilmember Golombek:
propose to complete the fifth and final piece of the
Please allow this to serve as a request for you to
reorganization process with the following proposal for C
sponsor a resolution allowing Four M Auto Sales
District: Physical Structure A new district building will be
3080 Main St. Buffalo 14214 to act as a representative for the
constructed on the former GE site at E. Ferry and Fillmore Ave.
department to purchase a used vehicle for use by the Park
This building will serve as the C District facility. Precinct 11 will
Ranger for security purposes at various city parks.
be improved and serve as the C District Lovejoy Station.
Please note that the funds for the purchase of this vehicle are
Precinct 12 will close permanently upon the opening of the new
authorized through a Local Law Enforcement grant from the
C District building. Both facilities will be open 24 hours per day,
state of New York to the City of Buffalo in the sum of $10,000.
seven days per week, and be connected via computer and
If you have any further question, please feel free to call me at
video. Finally, although a location has not yet been identified,
884-9660. Thank you for your help in this matter.
the Department will continue to work with the Committee and
Susan M. Gonzalez
District Councilperson to identify a building in the Broadway
Director of Recreation
Fillmore Area, which will become the base of operations for
FYI: This resolution should be filed for the next meeting or the
Police Community Services. Organizational Structure C District
money will no longer be available. * Since this is a used vehicle,
will have the same organizational structure as the four (4) other
we could not use proper procedure through purchase. Four M
districts. C District will be commanded by an Inspector, and
Auto Sales will purchase the vehicle at auction and sell it to us
have the same number of captains assigned. One of these
for the same price. Thank you!
Captains will work out of the Lovejoy Station. Lieutenants will
RECEIVED AND FILED
be assigned to both buildings, and will be responsible for the
personnel assigned thereto. Report Technicians will be
NO. 66
assigned to both buildings, and will cover the desk 24hrs per
B. GRANT-D. BLANDO-HAZ TREE 101 WINSTON RD
day at each site, as in the other districts. At the same time it is
Please file the enclosed correspondence for Tuesday,
our intention to relocate Police Community Services Officers to
September 30, 2003 Common Council meeting regarding
a facility to be located in the Broadway-Fillmore Area. This will
a hazardous tree in front of 10 1 Winston Road.
be an improved or new facility with adequate space and
I have made several attempts to have a dying tree in front of my
parking. District Detectives will work out of a central location in
home at 101 Winston Road cut down. To this date, I have
the C District Building.
unsuccessfully made myself clear that this tree is a hazard as
Staffing
the middle section has already fallen on my front lawn after
The staffing levels in C District will be as follows:
heavy winds blew it down.
One Inspector and Three Captains assigned to C District
Therefore, I am putting the City of Buffalo on notice that if this
Building and one Captain will be assigned to the C District
tree or any of its branches should come down due to heavy
Lovejoy Station. The number of Lieutenants will be thirteen,
winds or inclement weather, the City of Buffalo will be
with six of them being assigned to work out of the Lovejoy
responsible for any damages caused.
REFERRED TO THE COMMITTEE ON FINANCE, THE backstop, does about 90%, but it was never maintained
COMMISSIONER OF PUBLIC WORKS AND THE CITY properly as were are sure the next one will not be. It does need
CLERK S OFFICE replaced, EXACTLY as specified, maintained and agreed upon.
The condition of the present backstop is I'm sure going to if not
NO. 67 already devalued my property just by looks.
B. GRANT-B. WAKER –HAZ TREE 14 COMSTOCK Gilbert E. Wilson
Please file the enclosed correspondence for Tuesday, 55 Parkside Court
September 30, 2003 Common Council meeting regarding Buffalo, NY 14214
hazardous tree branches at 14 Comstock Ave. and extending (716)835-1199
across the driveway and lawn of Ms. Brenda J. Waker, owner REFERRED TO THE COMMITTEE ON FINANCE AND THE
and occupant of 16 Comstock Ave. COMMISSIONER OF PUELIC WORKS
Thank you for your attention to this matter.
For the past two years I have been trying to get the City of NO. 69
Buffalo to trim a tree located at 14 Comstock Ave. I own the B. GRANT-M. MEEGAN-REQUEST TREE TRIMMING-35 &
property and reside at 16 Comstock. The tree is a safety 37 MONTROSE AVE
hazard. A huge branch from that tree extends across my Please late file the enclosed correspondence regarding Ms.
driveway and across my lawn branches, limbs and debris fall in Martha Meegan, owner of 35 Montrose Avenue request to have
my driveway and my lawn. The branch is hanging quite low and overgrown trees trim at 35 and 37 Montrose Avenue for
I am sure it is just a matter of time before the whole thing Tuesday, September 30, 2003 Common Council meeting.
comes down. I have contacted the Mayors hotline; I have had Thank you for your attention to this matter.
many conversations with Andy in the forestry dept; and I have REFERRED TO THE COMMITTEE ON FINANCE AND THE
been in contact with Council member Grants office COMMISSIONER OF PUBLIC WORKS
The purpose of this letter is to serve notice to the City that the
tree is a source of danger to me, my property and anyone who NO. 70
might be in my driveway. And that the City will be liable for any L. MECKLER-BUS SHELTERS WITHIN CITY ROW
further damage caused by this tree. Thank you for advising me of the Common Council action
I have not yet stopped my efforts to get the tree trimmed. I referring NFTA's request for permission to install 5 bus
intend to contact the media. I also intend to get legal advice. shelters within City right-of-way to the Committee on
Sincerely, Legislation. The bus shelter sites were determined based on
Brenda J. Waker average weekday passenger boardings of at least 90 at each
REFERRED TO THE COMMITTEE ON FINANCE, THE bus stop as well as the development of site plans to determine
COMMISSIONER OF PUBLIC WORKS AND THE CITY the appropriate location for placement of a shelter at each stop.
CLERK"S OFFICE I encourage the Committee and the Council to take timely
action to approve our request so that the shelters can be
NO. 68 installed this fall before the onset of winter weather.
B. GRANT-C. WILSON-BACKSTOP REPLACEMENT In response to the question regarding a requested bus shelter
SHOSHONE PARK at the comer of Virginia and Michigan Avenue, please find
Please file the enclosed correspondence for Tuesday, attached a recent letter to Council President Pitts addressing
September 30, 2003, Common Council meeting regarding Mr. this request.
Gilbert E. Wilson concerns of the backstop replacement at Please let me know if the Council needs any more information
Shoshone Park in close proximity to his home at 55 Parkside that will help in taking action on our request.
Court. Dear Council President Pitts:
Sincerely, This letter is in response to your request for placing a bus
Dear Betty Jean Grant: shelter at the south-east comer of Virginia and Michigan. We
Please title and forward this letter to any department that has have monitored the usage of this stop over the past several
and will be involved in this endless battle. Thank you. months and have found that on an average of 8-10 passengers
In 1972 until 1985 we had all kinds of balls coming over on our use this stop on a daily basis. This is far below NFTA!s
property causing damage to our house and cars. It wasn't even standard of 90 boarding passengers for a stop to qualify for
safe to walk out in the yard when the baseball games and installation of a bus shelter. Therefore, at this time we are
practices were going on. In 1984 1 hired an attorney and forced unable to provide a shelter at this location.
the city to put up a good backstop. It cost me$800.00 for the We wish we could supply shelters for more of our passengers
attorney. but there are many more qualified stops with ridership above
The city came to me with 2 or 3 plans. The one we chose is the the standard than we have funding to provide shelters. We are
existing one. It has protected our house as good as possible for able to install a only few new shelters every year given our
18 years. Now Don Morris has plans to take it down and put up financial constraints and are currently moving forward with 5
the same thing we had all the trouble with previously. He also new locations in the City. There are a few bus stops in our
wants to move the backstop back 15 more feet. Soon it will be system which have shelters provided by municipalities,
in my backyard. Does Don Morris own this city park? If he is businesses or institutions and funded through sources other
going to tear it down we want and insist on the same backstop, than transportation funds. This is an option that could possibly
being put back up and not being moved back 15 feet. The City be pursued by the Church or McCarley Gardens.
and Parks Department had my wife and I sign papers that we Thank you for your interest in helping us improve service for
were satisfied with the backstop that is up now before it was our customers.
put up. Why should we have to hire an attorney and pay him a Sincerely;,
lot of money just to make our property safe to live in and on? If I Lawrence M. Meckler
have to go back to my attorney, I will. Executive Director
We were informed that there are or will be bids up on this REFERRED TO THE COMMITTEE ON LEGISLATION
backstop. Mr. Morris may be trying to help but he has not lived
on our property for 32 years. That does make us more qualified NO. 71
in deciding what has worked and what doesn't. This present C. PALADINO-
PARKING IN DOWNTOWN BUFFALO directions, then we need more supply because to raise the cost
Councilpersons, Don Esmonde and Mr. Banas for the new will scare away more of our existing downtown tenants.
millennium group and others, argue there is a glut of parking in Very truly yours,
downtown Buffalo, surface parking lots and ramps are ugly, no ELLICOTT DEVELOPMENT COMPANY
buildings of any age or condition in downtown Buffalo should RECEIVED AND FILED
be knocked down for any reason whatsoever, we should
increase parking rates and people should walk more or take the NO. 72
train R. LOTEMPIO- BUFFALO FISCAL STABILITY REVIEW OF
Do we really live in the same world? These opportunists are a FOUR YEAR FINANCIAL PLAN
mix of theorists, self-interested obstructionists, idealists and
Attached available for review in The City Clerk’s Office.
fantasy people on a power trip enjoying the rhetoric. Why aren't
REFERRED TO THE COMMITTEE ON BUDGET
the facts important?
Talking to these people is like taking a running start and
NO. 73
slamming your head into a brick wall. How can they stray so far
R. LOTEMPIO-BUFFALO FIRE/RESCUE RESPONSE TIME
from reality? Downtown landlords have for years suffered the
STUDY
loss of tenants and opportunities for new tenants and
I respectfully request that you file the attached items for the
thousands of jobs have been driven from our downtown
Council Meeting to be held on Tuesday, September 30, 2003.
because of the lack of convenient low cost parking.
REFERRED TO THE COMMITTEE ON BUDGET
Private parking operators would love to see the City increase
the cost of parking so as to line their pockets. Paul Cimminelli,
NO. 74
one of the larger private parking operators downtown advocates
R. SERRA-BID PROCESS PARKING RAMPS
increasing municipal parking rates.
Parking Facilities Bid received by Board of Parking on
Our downtown office vacancy rate approaches 35%. Rents are
September 25, 2003 at 11:00 a.m. for the management of the
now lower than they were in 1992 and we are failing in efforts to
Buffalo General Hospital Ramp, Gates Circle Ramp and the
create an atmosphere that can compete with suburban office
John C. Gallagher, Sr. Ramp at Children’s Hospital
parks, which by the way are also suffering a large vacancy
Honorable Members of the City of Buffalo:
factor and becoming more competitive than they were in the
PRO PARK, LLC HEREBY PROTESTS THE RESULTS OF
past. Our downtown real estate tax base has fallen $250 million
THE AFOREMENTIONED BID PROCESS AND T14E
since 1990.
BOARD OF PARKING APPROVAL THAT BUFFALO CIVIC
Municipal parking has never cost the City of Buffalo General
AUTO RAMPS, INC. IS RECOGNIZED AS A PRIVATE
Fund one nickel. In fact, the system has generated millions of
PARKING LOT OPERATOR AND AN ACCEPTABLE
dollars to the general fund for other uses over the years.
BIDDER FOR THE CITY OWNED HOSPITAL RAMPS.
The cost and convenience of parking are vital to downtown
As you may or may not know, the bid requires the parking
leasing efforts. Last month the Workforce Investment Board.
operator to accept and be directly responsible for specifically
was seeking free parking for all of its employees and decided to
identified expenses necessary to operate the parking facilities.
relocate from the downtown core to the former Graphic
The parking operator is required to absorb the costs of
Controls Building for the sole reason that they offer free parking
$500,000 annual performance bond, $100,000 bid proposal
immediate to the door.
bond, blanket position bond on employees, quarterly review and
Examples of downtown's inability to compete because of
audit of financials by an Independent Certified Public
parking go on and on.
Accountant, employee uniforms, main office accounting and
Maybe the problem is that those who seek to criticize do not
bookkeeping, and any professional charges or interface fees to
suffer the same as others.
a parent or national home office. How will Buffalo Civic Auto
Don Esmonde drives to work every morning down Main Street,
Ramps cover the shortfall of these expenses if their bid of $300
pulls into the Buffalo News parking lot and parks free in a
per month per garage management fee is not sufficient to cover
Thruway Authority lot leased to the news for $1.00 per space
the costs If the cost of expenses exceeds the income of the
per month. He then walks comfortably to his office.
management fee, any other operator would be required to cover
Our Common Council has their parking paid for by the City and
the shortfall from their overall retained earnings, and from their
they park in designated first floor spaces in the Turner Ramp.
profit margins derived from other income sources.
They don't have to drive around and search for a space. They
By design, BCAR does not retain earnings. From the gross
are guaranteed a convenient space and nothing is coming out
receipts collected from the parking operations, their first
of their pockets.
obligation is to pay the bonds and debt services of each parking
As to Mr. Banas, he talks big about downtown, but spends too
ramp and lot. They are then required to cover A direct operating
much time up in the ozone trying to find some realistic meaning
expenses of each facility, office administration, and overhead
to his existence.
along with f6nding of various parking enterprise funds
The NFTA wants everyone to ride the train, even if you live in
throughout the city. With any other operator, the remaining
South Buffalo.
balance is considered retained earnings. However, BCAR
These people argue for a plan. We have one. We gave it to
delivers the balance of their retained earnings to the City of
them. They don't read.
Buffalo to apply to the General Fund.
While they are in la-la land, the Mayor has implemented a
Pro Park, LLC
comprehensive short and long-term parking plan prepared after
465 Main Street - Suite 150 - Buffalo, NY 14203
almost 3 years of deliberation by the Mayor's Task Force on
716-849-PARK - 716-849-2715 (fax) - http://www.pt-opark.net
Parking.
If BCAR is unable to meet the monetary obligations through
We now have under construction approximately 1,500
their management fee, where would they acquire the necessary
long-term ramp spaces and we are trying to expand our
funds? remember, all of their retained earnings belong to the
short-term Shuttle Park.
City of Buffalo. would these expenses be paid by using monies
Without more parking, we can't develop downtown properties
from their downtown facilities that are producing excess income
and office development demand convenient low cost private
This would, in fact reduce the funds delivered to the City of
parking. If we are going to expand downtown in those two
Buffalo., in effect, stealing from the entire City of Buffalo at the If you have any questions, please do not hesitate to contact me
taxpayers expense. directly at (7 16) 851-5145.
st
Plain and simple, BCAR is using the City of Buffalo's funds to “Queen City in the 21 Century” on file in Clerk’s Office.
maintain their operation and to subsidize the management fee REFERRED TO THE COMMITTEE ON COMMUNITY
of these three parking ramps. This will reduce the monetary DEVELOPMENT.
return to the City of Buffalo. I was under the impression that the
RFP bidding process is desired to determine the best possible PETITIONS
return to the c1tv. It seems to me, that the bid for the three
hospital ramps served only to keep some of the currently NO. 77
marked funds, and perhaps future funds, from the c1ty- This CHARLES FREDERIKSEN, OWNER, 415 FRANKLIN
appears very questionable, especially since you are working on STREET
solutions to raise income and lower expenses in every aspect REFERRED TO THE COMMITTEE ON LEGISLATION, THE
of city government. DIRECTOR OF STRATEGIC PLANNING, THE CITY
How can BCAR, ail entity closely intertwined with the Board of PLANNING BOARD AND THE CORPORATION COUNSEL
Parking be allowed to bid on RFP's of the parking ramps that
were prepared and issued by this same Board' How can the NO. 78
parking facilities currently managed by BCAR continue to be an B. DAVIS & R. DIINA-W. SLATER & O-REQ. UPDATE OF
exclusive arrangement and not be offered to parking operators TRAFFIC ORDINANCES
through the public bidding process? Why is the city required to Enclosed herewith is a petition for review regarding
seek public offering,, for these three ramps and other city updating the taxicab ordinance. Although this might appear to
owned facilities, but can only contract for a set term with the. be a minor matter based upon the current problems of the City
operator whereas, the BCAR facilities are exempt from this rule of Buffalo it is a matter of monumental concern as we the
If the Common Council approves BCAR to manage these three taxicab owners and drivers are usually the first and last
facilities 'it would be a mockery of the entire bidding process, ambassadors of the City of Buffalo to all who come here.
and a financial debacle for the City of Buffalo. It is extremely important that we take a hard and
I am available, at your convenience, to meet with you to discuss close look as to how we are perceived to the traveling visitors to
this issue in more depth. our City. It is also extremely important to our local population.
REFERRED TO THE COMMITTEE ON FINANCE AND THE You might take note that the majority of signers are
BOARD OF PARKING the truly independent owner/operators, although this has been
NO. 75 circulated to most of the so called companies for participation,
CONTRACTOR: HARTFORD PAVING CORP.4 it seems to us that their nonparticipation can only be construed
SURETY: EMPLOYERS INSURANCE OF WAUSAU to leave everything alone as they are the most blatant violators
ROJECT: \'RECONSTRUCTION OF HERTEL of our present ordinance.
AVENUE-DELAWARE AVENUE (NY ROUTE 384) TO We think that the time has come for everyone to take
STARIN AVENUE - P.I.N. 5754.43 a good hard look at the problems and concerns of this very
This office represents Employers Insurance of Wausau important industry.
("Wausau"). Hartford Paving Corp. ("Hartford") entered Although, this maybe a small step, it could very well
into a General Agreement of Indemnity ("GIA") with be a major step in the rebirth of the City of Buffalo.
Wausau. A copy of the GIA is enclosed for your Therefore, this has been submitted for your
convenience. Wausau in turn, issued surety payment and consideration and hopefully your action. We must look at every
performance bonds on behalf of Hartford, its principal, for aspect of this City if we are ever to turn the corner. I might add
a project commonly known as the Reconstruction of that I may be reached at (716) 602-1971 and am available to
Hertel Avenue-Delaware Avenue (NY Route 384) to Starin meet with you at your time and convenience to further discuss
Avenue - P.I.N. 5754.43 ("Project"). Wausau has received the deplorable situation of the taxicab Industry in the City of
claims arising out of the payment bond Wausau issued Buffalo and the many problems confronting it.
on behalf of Hartford for the Project. REFERRED TO THE COMMITTEE ON LEGISLATION.
It has come to our attention that the City of Buffalo is holding
monies belonging to Hartford as a result of work performed on REGULAR COMMITTEES
the Project. Pursuant to the terms of the GIA, it is Wausau's CIVIL SERVICE
position that it is the proper recipient of the monies being held (MARC A. COPPOLA, CHAIRPERSON)
by the City of Buffalo. As such, Wausau hereby makes formal
demand upon the City of Buffalo and its related agencies and NO. 79
entities, that the monies from the Project not be released to APPOINTMENT
Hartford. Failing to abide by such terms will prejudice the rights SENIOR AUDITOR (MAX) (COMPTROLLER)
and entitlements of Wausau as afforded (ITEM NO. 21 -C.C.P. SEPT. 16, 2003)
to it under the GIA, the Uniform Commercial Code, and all That Communication 21, September 16, 2003 be
other applicable authority. received and filed and the permanent appointment of Joseph
Thank you for your immediate attention to this matter. Please Bartosik stated above at the maximum salary of $42,836
contact me with any questions or concerns. effective on September 8, 2003 is hereby approved.
REFERRED TO THE COMMITTEE ON FINANCE, THE PASSED
COMPTROLLER, CORPORTION COUNSEL & AYES-13. NOES-0.
COMMISSIONER OF PUBLIC WORKS.
NO. 76 NO. 80
THE COMPREHENSIVE PLAN APPOINTMENTS
I am writing to respectfully request that you file the following ASST. ENGR. (INTER) (PW)
item(s) with the Council for discussion at the next meeting (ITEM NO. 38-C.C.P. SEPT. 16, 2003)
dated Tuesday, September 30, 2003. That Communication 38, September 16, 2003 be
received and filed and the temporary appointments of Eric
Schmarder and Michael G. Murphy stated above at the APPT.-DETECTIVE (CONT. PERM.) (MAX) (POLICE)
intermediate salary of $42,830 effective on August 28, 2003 is (CCP#46-SEPT. 16, 03)
hereby approved. That the above item be and the same hereby is received and
PASSED filed.
AYES-13. NOES-0. ADOPTED
NO. 81 NO. 88
APPOINTMENT APPT.-DETECTIVE (TEMP) (MAX) (POLICE)
ASST. ENGR. (MECHANICAL) (MAX) (PW) (CCP#47-SEPT. 16, 03)
(ITEM NO. 39-C.C.P. SEPT. 16, 2003) That the above item be and the same hereby is received and
That Communication 39, September 16, 2003 be filed.
received and filed and the temporary appointment of David ADOPTED
Homung stated above at the maximum salary of $61,077
effective on September 2, 2003 is hereby approved. NO. 89
PASSED APPOINTMENT
AYES-13. NOES-0. LABORER II (INTER) (A&F)
(ITEM NO. 56-C.C.P. SEPT. 16, 2003)
NO. 82 That Communication 56, September 16, 2003 be
APPOINTMENT received and filed and the permanent appointment of Carmine
CLERK (INTER) Marinaccio stated above at the intermediate salary of $27,038
(ITEM NO. 40-C.C.P. SEPT. 16, 2003) effective on September 15, 2003 is hereby approved.
That Communication 40, September 16, 2003 be PASSED
received and filed and the provisional appointment of April A. AYES-13. NOES-0.
Tomczak stated above at the intermediate salary of $26,449
effective on August 28, 2003 is hereby approved. NO. 90
PASSED APPOINTMENT
AYES-13. N0ES-0. PARKING METER MECHANIC (MAX) (A&F)
(ITEM NO. 57-C.C.P. SEPT. 16, 2003)
NO. 83 That Communication 57, September 16, 2003 be
APPOINTMENT received and filed and the permanent appointment of Vincent
RECREATION INSTRUCTOR (INTER) (PW) Miranda stated above at the maximum salary of $29,604
(ITEM NO. 41 -C.C.P. SEPT. 16, 2003) effective on September 15, 2003 is hereby approved.
That Communication 4 1, September 16, 2003 be PASSED
received and filed and the temporary appointment of Dunbar AYES-13. NOES-0.
Patrick stated above at the intermediate salary of $30,300
effective on September 15, 2003 is hereby approved. NO. 91
PASSED APPOINTMENT
AYES-13. NOES-0. DIRECTOR OF COUNSELING (MAX) (COM. SVS.)
(ITEM NO. 58-C.C.P. SEPT. 16, 2003)
NO. 84 That Communication 58, September 16, 2003 be
APPOINTMENT received and filed and the permanent appointment of
STREET REPAIR WORKER (INTER) (PW) Bernadette Sherry stated above at the maximum salary of
(ITEM NO. 42-C.C.P. SEPT. 16, 2003) $50,190 effective on September 8, 2003 is hereby approved.
That Communication 42, September 16, 2003 be PASSED
received and filed and the permanent appointment of Louis AYES-13. NOES-0.
Carey stated above at the intermediate salary of $28,817
effective on August 28, 2003 is hereby approved. NO. 92
PASSED APPOINTMENT
AYES-13. NOES-0. SENIOR COUNSELOR (INTER) (COM. SVS.)
(ITEM NO. 59-C.C.P. SEPT. 16, 2003)
NO. 85 That Communication 59, September 16, 2003 be
APPOINTMENT received and filed and the permanent appointment of Karen
TRUCK DRIVER (MAX) (PW) Berneski stated above at the intermediate salary of $35,704
(ITEM NO. 43-C.C.P. SEPT. 16, 2003) effective on September 8, 2003 is hereby approved.
That Communication 43, September 16, 2003 be PASSED
received and filed and the temporary appointment of Philip AYES-13. NOES-0.
Gramaglia stated above at the maximum salary of $30,793
effective on September 8, 2003 is hereby approved. NO. 93
PASSED APPOINTMENT LABORER II - RECORDS MANAGEMENT
AYES-13. NOES-0. DIVISION - MARVIN RODOLPH
(ITEM NO. 61, C.C.P., SEPT. 16, 2003)
NO. 86 That the above item be, and the same hereby is,
APPTS. -DETECTIVE (PERM) (MAX) (POLICE) returned to the Common Council without recommendation.
(CCP#45-SEPT. 16, 03) Mr. Coppola moved that the above item be recommitted to the
That the above item be and the same hereby is received and Committee on Civil Service.
filed. ADOPTED
ADOPTED
NO. 94
NO. 87
CERTIFICATE OF APPOINTMENTS - VARIOUS
DEPARTMENTS NO. 102
(ITEM NO. 66, C.C.P., SEPT. 16, 2003) REGIONAL ASSETS SALES AGREEMENT
That the above item be, and the same hereby is, (ITEM NO. 73, C.C.P., JULY 8, 2003)
returned to the Common Council without recommendation. That the above item be, and the same hereby is
Mr. Coppola moved that the above item be recommitted to the returned to the Common Council without recommendation.
Committee on Civil Service. Mrs. Grant moved that the above item be recommitted to the
ADOPTED Finance Committee.
ADOPTED.
FINANCE
(BETTY JEAN GRANT, CHAIRPERSON) NO. 103
TRANSFER REGIONAL ASSETS TO ERIE COUNTY -
NO. 95 PRELIMINARY TERMS
PERFORMANCE AUDITS FOR COMM. BASED (ITEM NO. 51, C.C.P., SEPT 16, 2003)
ORGANIZATIONS That the above item be, and the same hereby is
(CCP#102-MAY 13, 03) returned to the Common Council without recommendation.
That the above item be and the same hereby is received and Mrs. Grant moved that the above item be recommitted to the
filed. Committee on Finance.
ADOPTED ADOPTED.
NO. 96 NO. 104
PERFORMANCE AUDITS FOR COMM. BASED RESULTS OF NEGOTIATIONS - 426 ELK STREET AND
ORGANIZATIONS (COMM SERV) 103 MAURICE STREET
(CCP#40-MAY 27, 03) ITEM NO. 12, C.C.R. JULY 22, 2003
That the above item be and the same hereby is received and That the offer from Edward Standish, Southside Social and
filed. Athletic Club, in the sum of three thousand and five hundred
ADOPTED dollars ($3,500.00) for the purchase of 426 Elk Street and 103
Maurice Street, be and they hereby are accepted; and
NO. 97 That the appraisal requested by the City of Buffalo shall be paid
FORMS USED TO MONITOR AND EVALUATE CDBG by the purchaser;
FUNDED AGENCIES (COM. SVS.) That the transfer tax, recording fees and cost of legal
(CCP#76-JULY 22, 03) description shall be paid by the purchaser, and
That the above item be and the same hereby is received and That the Corporation Counsel be authorized to prepare the
filed. necessary documents for the transfer of title and that the Mayor
ADOPTED be authorized to execute the same, in accordance with the
terms of sale upon which the offer was submitted.
NO. 98 PASSED
ABATEMENT OF UNCOLLECTIBLE ACCOUNTS AYES - 13 NOES - 0
RECEIVABLE
(ITEM NO. 14, C.C.P., JUNE 24, 2003) NO. 105
Mrs. Grant moved that the above item be recommitted to the RESULTS OF NEGOTIATIONS - 14 KOESTER STREET
Committee on Finance. (ITEM NO. 14, C.C.P., JULY 22, 2003
ADOPTED. That the offer from Kevin Veith, residing at 6622 Old Lake
Shore Road, Derby, in the sum of one thousand and two
NO. 99 hundred dollars ($1,200.00) for the purchase of 14 Koester
PRIVATIZING TOWING & ABATEMENT OF Street, be and hereby is accepted; and
UNCOLLECTIBLE ACCTS. REC. (A&F) That the appraisal requested by the City of Buffalo shall be paid
(CCP#51 -JULY 8, 03) by the purchaser; and
That the above item be and the same hereby is received and That the transfer tax, recording fees and cost of legal
filed. description shall be paid by the purchaser; and
ADOPTED That the Corporation Counsel be authorized to prepare the
necessary documents for the transfer of title and that the Mayor
NO. 100 be authorized to execute the same, in accordance with the
BOND CLOSEOUT terms of sale upon which the offer was submitted.
(ITEM NO. 17, C.C.P., SEPT. 2', 2003) PASSED
That the above item be, and the same hereby is AYES - 13 NOES - 0
returned to the Common Council without recommendation.
Mrs. Grant moved that the above item be recommitted to the NO. 106
Committee on Finance. M. MARTINO-S. HOYT-NYSDOL-FINE-BROADWAY
ADOPTED. GARAGE (#74,6/10)(#73,5/13)(#62,4/29)
(CCP#114-JUNE 24, 03)
NO. 101 That the above item be and the same hereby is received and
''REGIONAL ASSETS SALES AGREEMENT filed.
(ITEM NO. 54, C.C.P., JUNE 24, 2003) ADOPTED
That the above item be, and the same hereby is
returned to the Common Council without recommendation.
Mrs. Grant moved that the above item be recommitted to the NO. 107
Committee on Finance. VISITOR CENTER AT CITY HALL (#148, 1/21)
ADOPTED. (CCP#104-MAR. 18,03)
That the above item be and the same hereby is received and B. DAVIS-D. GUERCIO-HOUSES IN NEED OF
filed. REPAIR-LOWER WEST SIDE
ADOPTED (CCP#69-JUNE 24, 03)
That the above item be and the same hereby is received and
NO. 108 filed.
VISITOR CENTER AT CITY HALL (A&F) ADOPTED
(CCP#47-MAR. 18, 03)
That the above item be and the same hereby is received and NO. 115
filed. B. (SIC D) DAVIS-D, GUERCIO-HOUSES IN NEED OF
ADOPTED REPAIR-LOWER W. SIDE (PERMITS)
(CCP#59-JULY 22, 03)
LEGISLATION That the above item be and the same hereby is received and
(RICHARD A. FONTANA, CHAIRMAN) filed.
NO. 109 ADOPTED
DAVID MAVIS, PETITION TO USE 2677 DELAWARE
AVENUE - GROUND SIGN NO. 116
(ITEM NO. 75, C.C.P., SEPT. 16, 2003) RESTAURANT DANCING CLASS TV - 318 PEARL
That the petition of David Mavis, for permission to use 2677 STREET
Delaware Avenue for a ground sign be, and hereby is (ITEM NO. 60, C.C.P., JULY 22,2003)
approved. That the above item be, and the same hereby is returned to
PASSED the Common Council without recommendation.
AYES - 13 NOES - 0 Mr. Fontana moved that the above item be recommitted to the
Committee on Legislation
NO. 110 ADOPTED
DAVID MAVIS, PETITION TO USE 2141 DELAWARE,
AVENUE - GROUND SIGN NO. 117
(ITEM NO. 76, C. C.P. SEPT. 16, 2003) SECONDHAND DEALER - 234 ALLEN
That the petition of David Mavis, for permission to use 2141 (ITEM NO. 61, C.C.P., JULY 22, 2003)
Delaware Avenue for a 10' x 5' and 10' high ground sign be, That the above item be, and the same hereby is returned to
and hereby is approved with conditions as set by the City the Common Council without recommendation.
Planning Board. Mr. Fontana moved:
PASSED That pursuant to Chapter 254 of the City Code, the
AYES - 13 NOES - 0 Commissioner of Permit & Inspection Services be, and he
hereby is authorized to grant a Secondhand Dealer license to
NO. 111 John Shepard d/b/a Antique Man located at 234 Allen.
MICHAEL JORDAN - CLOVER CONST. - REQUEST PASSED
APPEAL PRESERVATION AYES - 13 NOES - 0
BOARD DECISION - 657 MAIN STREET
(ITEM NO. 87, C.C.P. SEPT. 2, 2003) NO. 118
That the above item be, and the same hereby is returned to SECONDHAND DEALER - 3114 BAILEY
the Common Council without recommendation. (ITEM NO. 62, C.C.P., JULY 21,2003)
Mr. Fontana moved that the above item be recommitted to the That pursuant to Chapter 254 of the City Code, the
Committee on Legislation Commissioner of Permit & Inspection Services be, and he
ADOPTED hereby is authorized to grant a Secondhand Dealer license to
Garnett Tills d/b/a Quality I" Used Appliances Inc. located at
NO. 112 3114 Bailey.
MICHAEL JORDAN - CLOVER CONST. - REQUEST PASSED
APPEAL PRESERVATION AYES - 13 NOES - 0
BOARD DECISION - 657 MAIN STREET (BFIO. PRES. BD.)
(ITEM NO. 12, C.C.P., SEPT. 16, 2003) NO. 119
That the above item be, and the same hereby is returned to SECONDHAND DEALER - 119 ELMWOOD
the Common Council without recommendation. (ITEM NO. 53, C.C.P., SEPT. 16, 2003)
Mr. Fontana moved that the above item be recommitted to the That pursuant to Chapter 254 of the City Code, the
Committee on Legislation Commissioner of Permit & Inspection Services be, and he
ADOPTED hereby is authorized to grant a Secondhand Dealer license to
Grant Paulsen d/b/a The Source Fine Art & Antiques located at
NO. 113 119 Elmwood Avenue.
RENAMING A SECTION OF GLENWOOD AVENUE IN PASSED
HONOR OF PASTOR ARSELL BELL AYES - 13 NOES - 0
(ITEM NO. 17 1, C.C.P., SEPT. 16, 2003)
That the Common Council does hereby approve the State NO. 120
Tabernacle Church of God in Christ's request to trailblaze the USED CAR DEALER-1386 BAILEY (#66, 7/22)
section of Glenwood Avenue between Masten Street and (PERMITS/INSP.)
Jefferson Avenue in honor of Pastor Arsell Bell. (CCP#132-SEPT. 16, 03)
PASSED That the above item be and the same hereby is received and
AYES - 13 NOES - 0 filed.
ADOPTED
NO. 114
NO. 121
USED CAR DEALER LICENSE - 125 CHANDLER (ITEM NO. 13 8, C.C.P., "-SEPT. 16, 2003)
(ITEM NO. 54, C.C.P., SEPT. 16,2003) That the above item be, and the same hereby is returned to
That pursuant to Chapter 254 of the City Code, the the Common Council without recommendation.
Commissioner of Permit & Inspection Services be, and he PASSED
hereby is authorized to grant a Used Car Dealer license to Elia, AYES – BONIFACIO, COPPOLA, DAVIS, FISHER,
Mancini, d/b/a Mancini Auto Sales, located at 125 Chandler. FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY,
PASSED LOTEMPIO, MARTINO, THOMPSON - 12 NOES – PITTS -
AYES – BONIFACIO, COPPOLA, DAVIS, FISHER, 1
FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY,
LOTEMPIO, MARTINO, THOMPSON - 12 NO. 127
NOES – PITTS - 1 USED CAR DEALER - 2186 SOUTH PARK AVENUE
(ITEM NO. 71, C.C.P., JULY 22, 2003)
NO. 122 That the above item be, and the same hereby is returned to
USED CAR DEALER - 529 COLVIN the Common Council without recommendation.
ITEM NO. 67, C.C.P., JULY 22, 2003 Mr. Fontana moved that the above item be recommitted to the
That the above item be, and the same hereby is returned to Committee on Legislation
the Common Council without recommendation. ADOPTED
Mr. Fontana moved:
That pursuant to Chapter 254 of the City Code, the NO. 128
Commissioner of Permit & Inspection Services be, and he 564 NIAGARA STREET - FENCE AND POLE SIGN
hereby is authorized to grant a Used Car Dealer License to (ITEM NO. 30, C.C.P., SEPT. 16, 2003)
David Gordon, d/b/a Brightworks Industries Inc. located at 529 That the Commissioner of Public Works, Parks and Streets
Colvin. be, and he hereby is authorized to issue a "mere license" to
PASSED John Hass, an architect acting as agent for Urban Family
AYES – BONIFACIO, COPPOLA, DAVIS, FISHER, Practice,, located at 565 Niagara Street, to install a wrought
FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, iron fence, measure 5' in height and 85' in length. The fencing
LOTEMPIO, MARTINO, THOMPSON - 12 would be installed 10' from the curbline of Niagara Street and
NOES PITTS - 1 not obstruct the main sidewalk. The proposed pole sign
measures 4' x 6' with a maximum height of 15', both would
NO. 123 encroach city right-of-way at said address, subject to the
USED CAR DEALER LICENSE - 103 5 FILLMORE following conditions:
(ITEM NO. 69, C. C.P,, JULY 22, 2003) 1 . That Urban Family Practice obtains any and all other City of
That pursuant to Chapter 254 of the City Code, the Buffalo
Commissioner of Permit & Inspection Services be, and he permits necessary for said installation.
hereby is authorized to grant a Used Car Dealer license to 2. That the fence and pole sign be installed exactly as shown
Dwayne Rodgers, d/b/a D-Town Wholesale, located at 1035 on plans
Fillmore. submitted to and approved by the Department of Permit and
PASSED Inspection Services.
AYES – BONIFACIO, COPPOLA, DAVIS, FISHER, 3. That Urban Family Practice be responsible for relocation of
FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, any existing underground utilities affected by installation of said
LOTEMPIO, MARTINO, THOMPSON - 12 NOES – PITTS - fence.
1 4. That Urban Family Practice is responsible for maintenance
of these
NO. 124 encroachments as long as they remain within City of Buffalo
USED CAR DEALER - 337 NORTH OGDEN (ITEM NO. 68, right of way.
C.C.P., JULY 22, 2003) 5. That Urban Family Practice supply the Department of Public
(ITEM NO. 13 7, C.C.P., SEPT. 16, 2003) Works,
That the above item be, and the same hereby is returned to Parks and Streets with a certificate of insurance, in an amount
the Common Council without recommendation., deemed sufficient by the Corporation Counsel, which will
Mr. Fontana moved that the above item be recommitted to the indemnify and save harmless the City of Buffalo against any
Committee on Legislation and all loss or damage arising out of the construction,
ADOPTED maintenance, use or removal of said encroachments.
PASSED
NO. 125 AYES - 13 NOES - 0
USED CAR DEALER - 1543 NIAGARA STREET
(ITEM NO. 55, C.C.P., SEPT. 16,2003) NO. 129
That pursuant to Chapter 254 of the City Code, the M. MARTINO - J. BEYERS & OTHERS - REQUEST
Commissioner of Permit & Inspection Services be, and he INSTALLATION - STOP SIGN -
hereby is authorized to grant a Used Car Dealer License to Dan MERIDEN STREET AND CUMBERLAND AVENUE
McDermott d/b/a ABC Auto & Towing located at 1543 Niagara (ITEM NO. 106, C.C.P., SEPT. 2, 2003)
Street. That the Common Council does hereby request the
AYES – BONIFACIO, COPPOLA, DAVIS, FISHER, Commissioner of Public Works, Parks and Streets to install a
FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY, stop sign at the intersection of Meriden Street and Cumberland
LOTEMPIO, MARTINO, THOMPSON - 12 NOES – PITTS - Avenue.
1 ADOPTED
NO. 126 NO. 130
USED CAR DEALER LICENSE - 2058 SOUTH PARK B. GRANT-HAZ. SIDEWALK-101 EASTON ST,
(ITEM NO. 72, C.C.P., JULY 22,2003) (CCP#84-SEPT. 2, 03)
That the above item be and the same hereby is referred to NO. 139
the Committee on Finance. C. SWANICK-JOINT SCHOOL CONST. BD. (CP)
ADOPTED (CCP#24-DEC. 26, 02)
That the above item be and the same hereby is received and
NO. 131 filed.
C. THOMP SON- STOCKBRIDGE AVE. BLK. ADOPTED
CLUB-HAZARDOUS TREES
(CCP#99-SEPT. 2, 03) NO. 140
That the above item be and the same hereby is referred to B. GRANT-D. PRIDGEN-SUPP, EXP. JT. SCH. CONST. BD.
the Committee on Finance. TO INCR. COMM. INV
ADOPTED (CCP#74-MAR. 5, 03)
That the above item be and the same hereby is received and
COMMUNITY DEVELOPMENT filed.
(ANTOINE M. THOMPSON, CHAIRMAN) ADOPTED
NO. 132
B. DAVIS-S. HOYT-CLOSING OF DULSKI FED. BLDG. NO. 141
(CCP#80-SEPT. 2, 03) CIMINELLI CONST. CO-DOCUMENTS FROM 3/17/03 JT.
Mr. Thompson moved that the above item be recommitted to SCH. CONST. BD.
the Committee on Community Development. (CCP#70-APR. 1, 03)
ADOPTED That the above item be and the same hereby is received and
filed.
NO. 133 ADOPTED
D. LOCEY-NYSDEC-VOLUNTARY CLEANUP
PROGRAM-FRMR. PIZZA HUT SITE #2137 NO. 142
(CCP#71-SEPT. 16, 03) CIMINELLI CONSTRUCTION-BOARD PACKET
That the above item be and the same hereby is received and DOCUMENTS-JOINT SCHOOLS CONST. MEETING
filed. (CCP#54-MAY 27, 03)
ADOPTED That the above item be and the same hereby is received and
filed.
NO. 134 ADOPTED
STAFF MONITORING ASSIGNMENTS-CDBG PROGRAM
(COM. SVS.) NO. 143
(CCP#57-SEPT. 2, 03) CIMINELLI CONST.-BD. PK. DOC.-6/11/03-JT. SCH.
That the above item be and the same hereby is received and CONST. BD. MTG.
filed. (CCP#67-JUNE 24, 03)
ADOPTED That the above item be and the same hereby is received and
filed.
EDUCATION ADOPTED
(CHARLEY H. FISHER III, CHAIRMAN)
NO. 144
NO. 135 CIMINELLI CONST. -BD. PACKET DOC. -6/26/03 -JT. SCH.
JOINT SCHOOLS CONST. BD. CONST. BD. MTG.
(CCP#214-JUNE 12, 03) (CCP#66-JULY 8, 03)
That the above item be and the same hereby is received and That the above item be and the same hereby is received and
filed. filed,
ADOPTED ADOPTED
NO. 136 NO. 145
EXP. JT, SCH. CONST. BD. TO INCREASE COMM CIMINELLI CONST. CO. -"FULFILLING THE
INVOLVEMENT (BD ED) PROMISE-MAKING IT HAPPEN"-TEAM PROGRESS RPT.-
(CCP#42-MAY 28, 03) JUNE 2003
That the above item be and the same hereby is received and (CCP#76-SEPT. 2, 03)
filed. That the above item be and the same hereby is received and
ADOPTED filed.
ADOPTED
NO. 137
COMPOSITION OF THE JOINT SCHOOLS CONST. BD. NO. 146
(CCP#87-JAN. 8, 03) MEM. BD. OF ED./JT. SCH. BD.-PRIORITIZE H. SCH.
That the above item be and the same hereby is received and LOC.-KENS. HEIGHTS
filed. (CCP#210-APR. 17, 03)
ADOPTED That the above item be and the same hereby is received and
filed.
NO. 138 ADOPTED
JT. SCHOOLS CONST. BD.
(CCP#59-FEB. 19, 03) NO. 147
That the above item be and the same hereby is received and P. HAZZAN-TURNER/CARROLL-REQ. ASSISTANCE-SEC.
filed, FOOTBALL FIELD
ADOPTED (CCP#96-JAN. 23, 03)
That the above item be and the same hereby is received and (CCP# 11 -NOV. 12, 02)
filed. That the above item be and the same hereby is received and
ADOPTED filed.
ADOPTED
NO. 148
B. GRANT-I. LONG INCIDENT-4/3/03 NO. 156
(CCP#52-APR. 15, 03) NOTICE FROM STATE COMPTROLLER-ANNUAL
That the above item be and the same hereby is received and FINANCIAL REPORT FOR FY IS OVERDUE (MAYOR)
filed. (CCP#2-DEC. 26, 02)
ADOPTED That the above item be and the same hereby is received and
filed.
NO. 149 ADOPTED
B. GRANT-I. LONG INCIDENT-4/3/03 -OPEN (BD. ED.)
(CCP#37-MAY 13, 03) NO. 157
That the above item be and the same hereby is received and CITY'S FINANCIAL STATEMENTS (COMPT)
filed. (CCP#25-DEC. 26,02)
ADOPTED That the above item be and the same hereby is received and
filed.
NO. 150 ADOPTED
K. LIGHTEN-REQ. EXC. MOD. ACCOM.-ADM. TESTINGS,
CURR., CIV. SVS. TEST/EXAMS NO. 158
(#74, 6/24) GEN. FUND GAP SHEET-FIRST QUARTER 2002-03 (A&F)
(CCP#106-JULY 8, 03) (CCP#33-NOV. 12,02)
That the above item be and the same hereby is received and That the above item be and the same hereby is received and
filed. filed.
ADOPTED ADOPTED
NO. 151 NO. 159
K. LIGHTEN-REQ. EXC. MOD. ACCOM.-ADM. TESTINGS, GEN. FUND GAP SHEET-SEC. QUARTER 2002-03 (A&F)
CURR., CIV. SVS. TEST[EXAMS (HR) (CCP#46-FEB. 18, 03)
(CCP#54-JULY 8, 03) That the above item be and the same hereby is received and
That the above item be and the same hereby is received and filed.
filed. ADOPTED
ADOPTED
NO. 160
NO. 152 GENERAL FUND GAP SHEET-THIRD QUARTER
K. LIGHTEN-REQ. EXC. ACCOM. OF MOD./ACCRED. 2002-2003 (A&F)
ACADEMIC PROGRAMMING (CCP#39-MAY 27, 03)
DEVELOPMENTALLY DISABLED That the above item be and the same hereby is received and
(CCP#93-SEPT. 2, 03) filed.
That the above item be and the same hereby is received and ADOPTED
filed.
ADOPTED NO. 161
FIRE/EMS TASK FORCE-COMPREHENSIVE REV. OF
NO. 153 CRITICAL CITY SRVES (CP)
K. LIGHTEN-REQ ACCOM. OF MOD./ACCRED, ACAD, (CCP#9-JAN. 7, 03)
PROG.-DEV. DIS. (BD. ED) That the above item be and the same hereby is received and
(CCP#60-SEPT. 16, 03) filed.
That the above item be and the same hereby is received and ADOPTED
filed.
ADOPTED NO. 162
FIRE/EMS TASK FORCE-COMPREHENSIVE REV. OF
SPECIAL COMMITTEES CRITICAL CITY SRVES (HR)
BUDGET COMMITTEE (CCP#41 -JAN. 21, 03)
(ROSEMARIE LOTEMPIO, CHAIRPERSON) That the above item be and the same hereby is received and
filed.
NO. 154 ADOPTED
M. COPPOLA - REQUEST BFLO. FISCAL STABILITY
AUTHORITY FORWARD NOTICES, ETC. NO. 163
(ITEM NO. 79, C.C.P., SEPT. 2, 2003) M. MARTINO-FEMA STUDIES-FIRE DEPT.
That the Common Council hereby requests that the (CCP#77-DEC. 26,02)
Buffalo Fiscal Stability Authority notify individual That the above item be and the same hereby is received and
Councilmembers of their meetings as well as minutes of their filed.
meetings. ADOPTED
ADOPTED.
NO. 164
NO. 155 P. POTTS-AVOIDABLE ALARMS (#79, 12/26)
2002-2003 FY-FIRST QUARTER CASH FLOW (CCP#79-FEB. 4, 03)
COMPARISONS OF PROJ. VS. ACT. (COMPT)
That the above item be and the same hereby is received and
filed. RESOLUTIONS
ADOPTED NO. 174
BY: MR, COPPOLA
NO. 165 HELIPORT AT THE WOMEN AND CHILDREN'S HOSPITAL
P. POTTS-AVOIDABLE ALARMS (A&F) OF BUFFALO
(CCP#24-FEB. 4, 03) Whereas: Pursuant to Section 63-3 of the Code of the City of
That the above item be and the same hereby is received and Buffalo, the Women and Children's Hospital of Buffalo has
filed. applied to the City for permission to place a heliport on the roof
ADOPTED of the hospital (Item No. 86, C.C.P., March 18, 2003); and
Whereas: As part of the application process, responses are
NO. 166 requested from various department, such as Police, Fire,
W. TRAVIS-AFSCME LOC. #264-CONCERNS-BROADWAY Public Works, Parks and Streets, Permit and Inspection
GARAGE (PW) Services and the New York State Department of Transportation
(CCP#57-APR. 30, 03) ; and
That the above item be and the same hereby is received and Whereas: For purposes of environmental review, the City
filed. Planning Board has acted as lead agent and has issued a
ADOPTED Negative Declaration, determining that there is no adverse
impact on the environment and we are bound by that
NO. 167 determination; and
STREETS DIV. GARAGE (PW) (#3 6, 7/10) Whereas: The Council has previously held a public hearing on
(CCP#98-OCT. 16, 02) the application on April 8, 2003 and has voted to approve
That the above item be and the same hereby is received and granting permission for the heliport (Item No. 157, C.C.P.,
filed. June 10, 2003);and
ADOPTED Whereas: To make it clear that the Council has given this
application a full and proper review, it has been determined that
NO. 168 an additional public hearing should be held before final
REQ.-REVIEW COL. WARD SYSTEMS PROPOSALS approval is granted;
(CCP#175-APR. 16, 03) Now, Therefore Be It Resolved:
That the above item be and the same hereby is received and That the approval previously given by Item No. 157, C.C.P.,
filed. June 10, 2003 for the heliport at 219 Bryant be and hereby is
ADOPTED rescinded; and
Be It Further Resolved:
NO. 169 That pursuant to Section 63-3 (D) of the Code of the City of
P. J. HALLIDAY-AMER. WATER SERVICES, INC.-INFO. Buffalo, the Common Council does hereby direct the City Clerk
REQ. FOR PROPOSAL (CP) to publish notice for a public hearing on the application of the
(CCP#29-APR. 30, 03) Women and Children's Hospital for a heliport; and
That the above item be and the same hereby is received and Be It Further Resolved:
filed. That Item No. 86, C.C.P., March 18, 2003, the Women and
ADOPTED Children's Hospital of Buffalo heliport application, Item No. 23,
C.C.P., May 13, 2003, Item No. 25, C.C.P., May 13, 2003, Item
NO. 170 No. 23, C.C.P., April 29, 2003, Item No. 30, C.C.P., May 13,
WATER SERVICES 2003 and Item No. 45, C.C.P., May 13, 2003, the comments
(CCP#149-FEB. 18,03) from the various departments, and the City Planning Board's
That the above item be and the same hereby is received and Negative Declaration be attached to this resolution for
filed. consideration at the hearing; and
ADOPTED Be It Finally Resolved: -7
That after a public hearing, the petition of Kaleida Health for
NO. 171 permission to place a heliport on the roof of 219 Bryant, be and
WATER SERVICES (PW) hereby is approved.
(CCP#25-MAR. 18, 03) Marc A. Coppola
That the above item be and the same hereby is received and AND 2nd RESOLVE TME REIMAINDER REFERRED TO
filed. THE COMMITTEE ON LEGISLATION
ADOPTED
NO. 175
NO. 172 BY MR. COPPOLA, MR. FRANCZYK, MR. THOMPSON,
M. MARTINO-D. GAVIN & O-REQ, CAZ. POOL RETAIL MR, DAVISAND MR. FONTANA
SUMMER HOURS OF OPERATION COMMUNITY DEVELOPMENT BLOCK GRANT
(CCP#79-OCT. 15, 02) Whereas The United States Department of Housing
That the above item be and the same hereby is received and and Urban Development has frozen several million dollars in
filed. community development block grant funding slated for housing
ADOPTED and economic development projects for the City of Buffalo; and
Whereas: HUD officials cite a lack of "accountability
NO. 173 and progress" relative to projects and programs funded through
M. COPPOLA-L. MATARESE-"OPERATION ELF' the city's CDBG as reason for their actions; and
(CCP#52-MAR. 4, 03) Whereas HUD officials claim that they have alerted the city of
That the above item be and the same hereby is received and their concerns via written correspondence as well as by
filed. telephone conferences; and
ADOPTED
Whereas: The newly appointed Director of Strategic Whereas: This program has a better payout than previous
Planning, Mr. Timothy Wannamaker, has validated the citations programs, no-penalty for nonperformance and gives the
of HUD through his own assessment of the city's management customer a choice of when to shed their electricity load; and
of the CDBG and the projects and programs associated with Whereas: In addition, if no emergency test of the system is
it-, and called during the winter or summer sessions, participants still
Whereas: Mr. . Wannamaker, in an attempt to close a budget receive their incentive; and
gap of $2.4 million that exists in the current year's CDBG Whereas: The Buffalo Bills, the Town of Amherst and more
budget, is recommending cuts of up to 29 percent in funding than 50 other businesses and institutions are current
that had previously been committed to community based participants in this program; and
organizations throughout the city; and Whereas: The City of Buffalo could make money while
Whereas These community based organizations as well as the performing a service for the residents of the city and the entire
community at-large will suffer, due to no fault of their own, in state by participating in this program
response to HUD's revocation and or freezing of CDBG funds Now, Therefore, Be It Resolved That:
to the city- and This Common Council requests the Department of Public
Whereas The residents and taxpayers of the City of Works to investigate the NYISO Voluntary Energy Curtailment
Buffalo deserve to know whether or not the administration was Incentive Program, and participate in the program if it would
given sufficient and due notice from the Department of Housing benefit the City of Buffalo; and
and Urban Development regarding their concerns over the Be It Further Resolved That:
city's administration of the Community Development Block This Council requests the Department of Public Works to
Grant that ultimately resulted in the current actions by the report back on any actions it takes in response to this request.
federal officials. REFERRED TO THE COMMITTEE ON LEGISLATION AND
Now, therefore be it resolved: THE COMMISSIONER OF PUBLIC WORKS
That the Common Council of the City of Buffalo requests that
the U.S. NO. 177
Department of Housing and Urban Development file copies of BY MR. COPPOLA
all REQUEST AN ORDINANCE REQUIRING PARKING
correspondence sent to the administration over the past two (2) FOR BICYCLES
years WHEN NEW PARKING FACILITIES ARE
relative to the department's concerns about the city's CONSTRUCTED
administration of the CDBG; and Whereas: Many people in the city of Buffalo choose
Be it further resolved-. to ride bicycles to and from various destination and locations
That the Department of Housing and Urban Development throughout the city, and
include in its filing all correspondence sent relative to the city's Whereas: Appropriate spaces to park and store bicycles are
application for HOME program funds and funds awarded to the difficult to find and most times bicyclist are forced to park and
city in 1997 to build 344 homes and promote economic lock their bikes to different apparatuses 'in the city
development of the city's East Side, and right-of-way-, and
Be it further resolved: Whereas: While These are unsightly and dangerous places to
That the Council's Committee on Community Development park a bicycle, parking bicycles *in this manner is also against
conduct hearings to determine the progress, or lack thereof, of city ordinances-, and
CDBG funded housing projects that are cited by the Whereas: While the city, as well as its commercial developers,
Department of Housing and Urban Development as in violation has recognized a need for appropriate parking of motor
of HUD guidelines and/or policies that ultimately resulted in the vehicles and has developed parking ordinances as it relates the
freezing and revocation of several millions of grant dollars to development of parking lots for commercial developments,
the City of Buffalo; and there remains a lack of policy regarding the appropriate parking
Be it further resolved that of bicycles-, and
The City Clerk send certified copies of this resolution to the Whereas: The lack of sufficient and appropriate parking for
Buffalo field office director for the United States Department of bicycles leaves a void in a couple of respects, one being the
Housing and Urban Development. encouragement and incentive to use an alternate means of
Marc A. Coppola transportation-, and
ADOPT FINAL RESOLVE THE REMAINDER REFERRED Whereas: Several cities, including Denver, CO, Cambridge,
TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, MA, Santa Cruz, CA and Madison, W1, have developed
TO HOUSING AND URBAN DEVELOPMENT AND THE municipal bicycle parking ordinances to insure that cyclist have
CORPORATION COUNSEL a free, safe, secure and lawful place to park as they go about
their business, and
NO. 176 Whereas: Providing dedicated parking spaces in new lots and
BY: MR. COPPOLA ramps would require minimal sacrifice from developers and
VOLUNTARY ENERGY CURTAILMENT INCENTIVE building owners since bicycles take up only a fraction of the
PROGRAM space a parked car takes up-, and
Whereas: The New York Independent System Operator Whereas: Dedicated spaces
(NYISO), which runs the state electrical gnid, is offering an would also cut down on the amount of random chaining
incentive program which pays customers who are willing to of bikes to trees and sign poles, a practice that is not
curtail their energy use for a maximum of one hour every six legal, is possibly hazardous to passersby, and is less
months; and secure and inviting for the cyclist',
Whereas: In emergencies such as the blackout of the Now, Therefore, Be It Resolved That:
Northeast in mid-August, it is important for the NYISO to able The Corporation Counsel is hereby requested to prepare an
to reliably curtail power use within the system; and ordinance amendment providing Bicycle Parking Regulations
Whereas: Participating in this program could net the City as for the City of Buffalo- and
much as $20,000, according to Troy & Banks Utility and Be It Further Resolved That:
Telecommunications Consultants; and
That the regulations apply only to developments that take place the Bi-National Niagara Region and by the Cultural Tourism
after the effective date of the ordinance. Committee of the Convention and Visitors Bureau; and
REFERRED TO THE COMMITTEE ON LEGISLATION AND Whereas: the Buffalo Place Foundation is applying for a grant
THE CORPORATION COUNSEL from the 21" Century Fund of the Community Foundation for
Greater Buffalo for the creation and installation of pedestrian
NO. 178 "you are here" maps and historic interpretation signage in
BY: MR. DAVIS Downtown.
THE CITY OF BUFFALO REAL PROPERTY ASSETS Now, Therefore, Be It Resolved: That the City of Buffalo
Whereas: The City of Buffalo finds itself in an historic Common Council supports the goal of supporting cultural
financial crisis effecting all areas of the City, and sectors of the tourism through the creation of "you are here" maps and
community; and historical interpretation graphics in Downtown; and
Whereas: The City of Buffalo must make all efforts Be it Further Resolved: that this honorable body supports the
to maximize the potential of the many assets owned and application of the Buffalo Place Foundation to the 21" Century
controlled by the City; and Fund of the Community Foundation for Greater Buffalo.
Whereas: The City of Buffalo owns a number of assets which ADOPTED
can be used to generate much needed revenue for the City of
Buffalo to support vital services; and NO. 180
Whereas: The control and management of these assets has a BY: BRIAN C. DAVIS
direct and major impact on the ability of Buffalo to survive the PERMISSION TO HANG A BANNER ACROSS DELAWARE
current economic storm and to move forward as a new and AVENUE IN FRONT OF TRINITY EPISCOPAL CHURCH
energized city; Whereas: The Trinity Episcopal Church located at 371
Now, Therefore be it Resolved: Delaware Avenue will be having a Trinity White Elephant Sale;
That the Office of Strategic Planning shall coordinate with all and
appropriate department heads the preparation of a simple Whereas: To celebrate the event, they would like permission to
listing identifying by address and other appropriate description, temporarily hang a banner across Delaware Avenue; and
every real property asset of The City of Buffalo which is Whereas: The Trinity Episcopal Church is familiar with the
currently: banner requirements, and will purchase the necessary bond
i. leased to a private individual or corporation; before the banner is hung;
ii. under a designated development status; and/or Now, Therefore, Be It Resolved:
iii. managed by a private individual or corporation; and That the Common Council of the City of Buffalo grants
Be it Further Resolved: permission to the Trinity Episcopal Church to hang a banner
That each asset shall be specifically described in terms of advertising the sale; and
i. its location; Be It Further Resolved:
ii. the individual or corporation who is currently in That said banner will hang from October 25 through November
control or 15, 2003; and
managing or maintaining an option as a designated developer; Be It Finally Resolved:
and That the banner meets all the requirements of pertinent City
iii. with regard to parking lots and parking ramps, each departments and that no existing laws are violated.
location Brian C . Davis
shall be identified by the number of spaces currently in Ellicott District Councilmernber
existence PASSED
and/or the number of spaces under construction; and AYES - 13 NOES - 0
Be it Further Resolved:
For each asset identified all documents which establish NO. 181
relationship between the private entity or corporation and the BY: MR. FONTANA
City of Buffalo which pertain to the use, management, control REQUEST FOR TRAILBLAZING SIGN ON SUMNER
or development shall be identified and a copy submitted with PLACE
the listing; and BETWEEN DOAT AND WALDEN AVENUE
Be it Further Resolved: WHEREAS: Rev. Lewis D. Long was born in Greensboro,
Such information shall be compiled and submitted to the Alabama and he is the second child of a family of 16 children;
Council no later than thirty days (30) after the date of this and
resolution; and WHEREAS: Rev. Lewis D. Long attended Elementary School
Be It Finally Resolved: in Greensboro, Alabama and relocated in the early 1950's to
That a certified copy of this resolution be sent to Office of Lackawanna, New York where he attended Lackawanna High
Strategic Planning, Financial Control Board, and the Mayor's School and graduated; and
office. WHEREAS: Rev. Long worked at General Motors Corporation
ADOPTED and retired from there after 30 years of service; and
WHEREAS: Rev. Long was called to Pastor in 1986 at
179 Thankful Missionary Baptist Church which was located at 1322
BY: MR. DAVIS Fillmore with only 25 members; and
DOWNTOWN BUFFALO PEDESTRIAN SIGNAGE WHEREAS: Rev. Long served as a role model and provided
Whereas: The installation of "you are here" maps and historic spiritual counseling to many in the community. He was noted
interpretation signage can support the growing cultural tourism for a special love for the homeless as he afforded an open
market in Western New York; and account at the community store next to the church; whereby
Whereas: the proposed project is consistent with anyone who was hungry could eat; and
recommendations and objectives stated in the Queen City Hub: WHEREAS: In 1995 under the leadership and guidance of
A Strategic Action Plan for Downtown Buffalo, Revealing Rev. Lewis D. Long, Thankful Missionary Baptist Church
Niagara: A Citizen Vision for Heritage and Cultural Tourism in was relocated to 197 Sumner Place where membership
increased from 25 to approximately 500 members; and
WHEREAS: Rev. Long along with the membership was able to Whereas: The residents of the City of Buffalo have raised
burn their mortgage in 5 years and many environmental serious concerns regarding the continuous disregard of the
updates have been made to the church. Rev. Long and the snow removal ordinance by many in the business community
membership have acquired 3 properties on Sumner Place and as well as residential property owners. Enforcement of the
have made them into parking lots for the church. The church aforementioned ordinance is practically non-existent, and
also serves as headquarters for the Sumner, Brinkman and Whereas: The majority of properties that refuse to remove
Keystone Street Block Club, and Vacation Bible School with snow and ice are owned by absentee landlords and suburban
attendance of 100 children plus; and residents that show 146~ regard for the rights of Buffalo
WHEREAS: On October 14, 2003 Rev. Lewis D. Long and residents to safely walk the sidewalks in the winter.
membership will be celebrating his birthday, as well as 17 Therefore Be It Resolved:
years of Pastorship at Thankful Missionary Baptist Church. That this Honorable Body implores upon those City of Buffalo
NOW THEREFORE BE IT RESOLVED THAT: In honor of departments that are responsible for the enforcement of the
Rev. Lewis D. Long, the Thankful Missionary Baptist Church snow removal to adopt a "Zero Tolerance" approach to snow
has respectfully requested that this Honorable Body rename removal scofflaws.
Sumner Place between Doat and Walden Avenue as "Rev. REFERRED TO THE COMMITTEE ON LEGISLATION, THE
Lewis D. Long Way" in honor of Rev. Lewis D. Long. COMMISSIONER OF PUBLIC WORKS, THE
BE IT FURTHER RESOLVED THAT: This Common Council CORPORATION COUNSEL AND THE COMMISSIONER OF
requests that the Department of Public Works install ADMINISTRATION AND FINANCE
trailblazing signs that read "Pastor Lewis D. Long Way"
beneath the existing street signs on Sumner Place between NO. 184
Doat and Walden Avenue. BY: MRS. LOTEMPIO
Richard A. Fontana INDEMNIFICATION OF THE BOARD OF EDUCATION AND
REFERRED TO THE COMITTEE ON LEGISLATION AND ACCEPTANCE OF FUNDS FOR THE LIGHTED
THE COMMISSIONER OF PUBLIC WORKS SCHOOLHOUSE PROGRAMS
Whereas: Contract Administration, located in the
NO. 182 Department of Community Services will conduct the Lighted
BY: MR. GOLOMBEK Schoolhouse Program in 20032004;and
GRANT PERMISSION TO PURCHASE TRUCK Whereas: Approval of the program must be authorized by the
Whereas: Members of the Buffalo Parks Department have Common Council for each location; and
recognized the financial plight of the city and are finding ways Whereas: The Lighted Schoolhouse Program continues to be
to provide services while reducing costs, and of great benefit to the citizens of Buffalo at the following
Whereas: In its search for a truck to be used by the Park facilities: School 38, 40, 45, Build Academy, Riverside,
Ranger the Parks Department has found a company that will Southside, and McKinley; and
procure a used truck for the aforementioned purpose at an Whereas: The Common Council must accept, on behalf of the
auction and sell it to the city at no additional cost, and City of Buffalo, the funds allocated by the Buffalo Urban
Whereas: The funds to purchase the truck have been Renewal Agency as follows: $87,408 for programmatic costs
authorized through a Local Law Enforcement grant from New for the Lighted Schoolhouse Program.
York State. The money will not be available after the first week Now Therefore Be It Resolved:
of October 2003. That the Common Council authorized the Department of
Therefore Be It Resolved: Community Services, various community corporations, civic
That this Honorable Body commends the Parks Department for organizations and other persons, firms, corporations and
its fiscal responsibility concerning this matter, and agencies to conduct Lighted Schoolhouse Programs, provided
Be It Finally Resolved: that each program and its sponsor be first approved and
That this Common Council does hereby grant Four M Auto authorized by this Common Council, and that such
Sales of 3080 Main Street permission to act as a representative authorization and approval be communicated to the Buffalo
for the Parks Department solely for the purpose of purchasing Board of Education; and
a used truck with funds from the aforementioned Local Law Be It Further Resolved:
Enforcement grant. That the City of Buffalo, NY, hereby agrees to indemnify and
PASSED hold harmless the Board of Education of the City School
AYES - 13 NOES - 0 Districts of the City of Buffalo, NY, for claims arising from the
conduct of such Lighted Schoolhouse programs undertaken
NO. 183 with prior approval and authorization of the Common Council;
BY: MR. GOLOMBEK and
ZERO TOLERANCE FOR SNOW REMOVAL SCOFFLAWS Be It Finally Resolved:
Whereas: § 413-50 of the City of Buffalo Charter and Code That the Common Council accepts funds allocated by the
states: "It shall be the duty of every owner or occupant of any Buffalo Urban Renewal Agency as follows: $87,408 for
premises abutting any public street to remove, before 9:00 programmatic costs.
a.m., all snow and ice which may have fallen upon the sidewalk PASSED
abutting said premises. In case said sidewalk is not paved its AYES - 13 NOES - 0
full width, it shall be necessary to remove such snow or ice
from a space three feet in width. The owner NO. 185
or occupant of lands fronting or abutting on any street, BY: MRS. MARTINO
highway, traveled road, public lane, alley or square shall make, DISCHARGE FROM THE CLAIMS COMMITTEE - #73-B 4-
maintain and repair the sidewalk adjoining his lands and shall "NYS
keep such sidewalk and the gutter free and clear of and from PUB. EMPLOYEE SAFETY & HEALTH VIOLATION,
snow, ice and all other obstructions. Such owner or occupant, BROADWAY GAR.
and each of them, shall be liable for any injury or damage by VIOLATIONS" $56, 673.00, C.C.P. APRIL 15, 2003
reason of omission, failure or Whereas: #73-B 4-
negligence to make, maintain or repair such sidewalk", and "NYS-Pub. Employee Safety & Health Violation, Broadway
Gar. Violations" $56, 673.00, C.C.P. April 15, 2003" is blowing in from Lake Erie and the unusually large amount of
presently before the Committee on claims; and vacant land; and
Whereas: It is no longer necessary for this item to be Whereas: The study recommended the formation of an Action
considered by that committee; Group to "guide and advocate for implementation phases of
Now, Therefore, Be It Resolved That: this project"; and
This Common Council does hereby discharge the Whereas: The Wind Action Group (WAG) has been meeting
Committee on Claims from further consideration of #73-B monthly in the Council conference room and consists of
4- IINYS-Pub. Employee Safety & Health Violation, individuals from varied backgrounds including engineers,
Broadway Gar. Violations" $56,673.00, C.C.P. April 15, attorneys, government officials, environmentalists, and
2003.", and said item is now before the Council. renewable energy advocates; and
PASSED Whereas: To date the Wind Action Group has accomplished
AYES - 13 NOES - 0 the following: Produced a mission statement Established and
publicized a website at www." engold.org/wind Established
NO. 186 several functioning committees, including the Communication,
BY: MR. PITTS Government Relations, Engineering, Legal, Demonstration
SUPPORT OF CONTINUATION OF 201 STEEL TARIFFS Project, Environmental and Fundraising committees Engaged
WHEREAS: The proud transition of steelmaking is a vital part local bird watchers in discussions on wind energy -*4- Helped
of our community's history and identity, and our local economy in drafting a City of Buffalo Request For Qualifications (RFQ)
is still largely linked to the steel industry as a provider of quality for wind energy development in Buffalo Produced 2 reports on
jobs; and legal issues related to siting wind turbines Begun development
WHEREAS: A thorough Section 201 investigation by the of a Power Point presentation suitable for showing in a broad
International Trade Commission (ITC) concluded that range of community settings Participated in the WNY Green
American steel companies, communities, families and other, Power is Clean Power coalition, which has produced a
non-steel manufacturing operations were injured as a result of brochure on buying green power for Western New Yorkers
illegally-dumped foreign steel, and the ITC recommended Established itself as a center for activity on wind development
immediate action by the U.S. Department of Commerce to curb in Western New York; and
the illegal dumping of foreign steel in U.S. markets; and Whereas: The New York Energy Research and Development
WHEREAS: After receiving the ITC's report and carefully Agency (NYSERDA) is offering funding under Public
considering a number of remedies, the Department of Opportunity Notice (PON) 796 "Financial Assistance to
Commerce and the Bush Administration took legal and just Facilitate Wind Power Development"; and
corrective action and instituted limited tariffs on specific steel Whereas: BURA, in partnership with the Wind Action Group,
products for a period of three years; and would be eligible and well suited to meet the goals of this
WHEREAS: Enactment of the tariffs has slowed the illegal funding opportunity;
dumping of foreign steel and allowed American steelmakers Now, Therefore, Be It Resolved That:
and their employees to partially recover from the crisis sparked This Common Council urges BURA to partner with the Wind
in 1998 by illegal dumped foreign steel. If the Steel Industry is Action Group and apply for NYSERDA Financial Assistance to
to survive, the recovery must be able to continue; and Facilitate Wind Power Development.
WHEREAS: The American steel industry is currently in a ADOPTED
state of wide-scale restructuring and consolidation that
will eventually enable the remaining American steel NO. 188
companies to compete effectively in an increasingly BY MR. THOMPSON
global marketplace. FELICITATIONS/IN MEMORIAM
NOW, THEREFORE BE IT RESOLVED: That this Common Attached hereto are Felicitation and In Memoriam
Council supports continuation of these protective tariffs through Resolutions sponsored by Members of the Common Council as
their original three-year term and opposes any efforts to end indicated:
them prematurely, considering the devastating effects it would Felicitation for BFNC MOOT SENIOR CITIZEN CENTER
have in our community and countless others that still rely on By Councilmember Pitts, Michaux
steel manufacturing and its related industries for quality jobs; Felicitation for Maime Kirkland
and By Councilmember Pitts, Michaux
BE IT FURTHER RESOLVED: That this honorable body urges ADOPTED
the Bush Administration to allow these tariffs to run their
course, and that a copy of this resolution be sent to President NO. 189
Bush as evidence that our community supports steel. BY: ANTOINE M. THOMPSON
ADOPTED APPOINTMENTS
COMMISSIONER OF DEEDS
NO. 187 That the following persons are hereby appointed as
BY: MR. PITTS Commissioner of Deeds for the term ending December 31,
URGE BURA TO PARTNER WITH THE WIND ACTION 2004, conditional, upon the person so appointed certifying
GROUP TO under oath to their qualifications and filing same with the City
APPLY FOR NYSERDA FINANCIAL ASSISTANCE TO Clerk:
FACILITATE Kathleen Kearns
WIND POWER DEVELOPMENT Total: I
Whereas: In 200 1, the Buffalo Urban Renewal Agency BURA ADOPTED
commissioned a study titled "Wind Energy Initiatives for
Greater Buffalo", which was performed by a Masters of Urban NO. 190
Planning studio class at UB under the direction of Dr. Ernest BY- ANTOINE M. THOMPSON
Sternberg; and APPOINTMENTS
Whereas: This study found enormous potential for COMMISSIONERS OF DEEDS
wind development in the Buffalo area, given the strong winds REQUIRED FOR THE PROPER
PERFORMANCE OF PUBLIC DUTIES named herein for the amounts stated. Adopted. Ayes-3.
That the following persons are hereby appointed as Noes-0.
Commissioner of Deeds for The term ending December 31,
2004, conditional upon the persons so appointed certifying NO. 3
under oath to their qualifications and filing same with the On motion by Mr. Risman, the City of Buffalo Police and Fire
Leanne Azzarello Jed O'Malley Pension Board Meeting adjourned at 11:10 a.m.
Sandra Oliver
TOTAL 3
ADOPTED
NO. 191
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in
the Common Council Chambers, IP floor City Hall, Buffalo,
New York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, October 7, 2003 at 9:30
o'clock A.M.
Committee on Finance Tuesday, October 7,
2003 at 10:00 o'clock A.M.
following Civil Service
Committee on Legislation Tuesday, October 7,
2003 at 2:00 o'clock P.M.
Committee on Comm. Dev. Wednesday, October 8, 2003 at
10: 00 o'clock A.M.
Special Committees
Budget Thursday, October 2 & 9, 2003 at 10:00 o'clock
A.M. in Room 1417 City Hall.
Bi-National Bridge Thursday, October 2, 2003 at
2:00 o'clock P.M. in
Room 1417 City Hall.
Telecommunications Friday, October 10, 2003 at
10:00 o'clock A.M. in
Room 1417 City Hall.
(Public Disclaimer): All meetings are subject to change and
cancellation by the respective Chairmen of Council
Committees. In the event that there is sufficient time given for
notification, it will be provided. In addition, there mqy be
meetings set up whereby the Cily Clerk's Office is not made
aware; therefore, unless we receive notice from the respective
Chairmen, we can only make notification of what we are made
aware.
NO. 192
ADJOURNMENT
On a motion by Mrs. LoTempio, Seconded by Mr. Fisher, the
Council adjourned at 3:55 pm
CHARLES L. MICHAUX, III
CITY CLERK
Board of Police and Fire Pension Proceedings #8 Office of the
Mayor-201 City Hall September 18, 2003 Present:; Anthony M.
Masiello, Mayor; Frank Belliotti, Deputy Comptroller, Michael
Risman, Corporation Counsel-3 Absent: James W. Pitts,
Council President-1 The Journal of the last meeting was
approved.
NO. 1
I transmit herewith the Pension Payroll for the Fire Pension
Fund for the months of August 2003 and September 2003
amounting to $10,750.24 and $10,750.24, respectfully and
request that checks be drawn to the order of the persons
named herein for the amounts stated. Adopted Ayes-3. Noes-0.
NO. 2
I transmit herewith the Pension Payroll for the Police Pension
Fund for the months of August 2003 and September 2003
amounting to $11,240.00 and $11,240.00, respectfully and
request that checks be drawn to the order of the persons