HomeMy WebLinkAbout03-0218
No. 4
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
February 18, 2003
MAYOR
Hon. Anthony M. Masiello
DEPUTY
COMPTROLLER
Andrew SanFilippo
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
James W. Pitts
PRESIDENT PRO TEMPORE
Richard A. Fontana
MAJORITY LEADER
Rosemarie Lo Tempio
COUNCILMEMBERS-AT-LARGE
Beverly Gray
Charlie A. Fisher III
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
MARC A. COPPOLA - DELAWARE
BRIAN C. DAVIS - ELLICOTT
DAVID A. FRANCZYK - FILLMORE
RICHARD A. FONTANA - LOVEJOY
ANTOINE M. THOMPSON - MASTEN
DOMINIC BONIFACIO - NIAGARA
JOSEPH GOLOMBEK JR. - NORTH
MARY M. MARTINO - SOUTH
BETTY JEAN GRANT - UNIVERSITY
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Marc Coppola,
Chairman, Charley H. Fisher III, Joseph Golombek Jr., Mary
Martino, Antoine Thompson-Members
CLAIMS COMMITTEE: Mary M. Martino, Chairman,
Marc A. Coppola, Brian C. Davis, Richard Fontana, Betty Jean
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
TELECOMMUNICATIONS COMMITTEE: James W.
Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty
Jean Grant, Joseph Golombek Jr.; Members
BUDGET COMMITTEE: Rosemarie LoTempio ,
Chairman, Richard Fontana, Mary M. Martino, James W. Pitts
ERIE BASIN MARINA LEASE COMMITTEE: James
W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr.,
Charley H. Fisher III, Joseph Golombek Jr.
POLICE REORGANIZATION COMMITTEE: Dominic J.
Bonifacio Jr., Chairman, Brian C. Davis, Richard Fontana,
David A. Franczyk, Mary Martino, Charley Fisher III.
CORPORATION PROCEEDINGS
APPOINTMENT AND RE-APPOINTMENT OF THE
COMMISSION ON CITIZEN RIGHTS AND COMMUNITY
COMMON COUNCIL RELATIONS
CITY HALL - BUFFALO Pursuant to Article 18, Section 18-21 of the Charter of the
TUESDAY, FEBRUARY 18, 2003 City of Buffalo, I hereby appoint the following individual to the
AT 2:00 P.M. Commission on Citizens Rights and Community Relations
Appointment:
PRESENT - James W. Pitts President of the Council, Mark Phillips, 130 Crescent Avenue, Buffalo, 14214
and Council Members Bonifacio, Coppola, Davis, Fisher, Mr. Phillips is currently a student at the State University
Fontana, Franczyk, Golombek, Grant, Gray, LoTempio, College at Buffalo majoring in Communication Design. Mr.
Martino, and Thompson - 13. Phillips most recently served as Project Business Administrator
of IT Corporation of Tonawanda, NY and is a freelance web
ABSENT – 0. designer. Mr. Phillips is very active in community endeavors
dealing with diversity issues.
On a motion by Mrs. LoTempio, seconded by Mr. Phillips is being appointed to fill a vacancy created by the
Mr. Fontana, the minutes of the stated meeting held on resignation of Rev. Dr. Robert J. Perelli. Mr. Phillips' term will
February 4, 2003 were approved. commence immediately and expire on June 30, 2005.
FROM THE MAYOR I hereby certify that the above named individual is fully qualified
NO. 1 to serve as a member of the Commission on Citizens Rights
APPOINTMENT OF THE COMMISSION and Community Relations.
ON CITIZEN RIGHTS AND COMMUNITY RELATIONS REFERRED TO THE COMMITTEE ON LEGISLATION, THE
Pursuant to Article 18, Section 18-21 of the Charter of the DIVISION OF COLLECTIONS AND THE CORPORATION
City of Buffalo, I hereby appoint the following individual to the COUNSEL
Commission on Citizens Rights and Community Relations
Appointment: NO. 4
David Caruso, 16 Cantwell Drive, Buffalo, NY 14220 DESIGNATION OF NOMINEES FOR APPOINTMENT TO
David Caruso is a retiree from the Buffalo Police Department. THE
He held the position of Police Inspector from 1988 - 1996, BOARD OF TRUSTEES OF THE BUFFALO AND ERIE
Police Captain from 1983-1988 and Police Lieutenant from COUNTY LIBRARY
1980-1983. He began his police career as a Buffalo Police Pursuant to Section 6212 of the Unconsolidated Laws, being
Cadet in 1965. Chapter 768, Section 2 of the Laws of 1953, transmitted
Mr. Caruso attended the State University College at Buffalo, herewith are my designated nominees to the Board of Trustees
Erie Community College and Empire State College. of the Buffalo and Erie County Public Library. The County
Mr. Caruso is being appointed to fill a vacancy created by the Executive, subject to confirmation by the County Legislature,
resignation of Mr. Thomas will appoint one nominee for a term expiring December 31,
Higgins. Unfortunately, Mr. Higgins term expires in a few 2007. James Burn is currently a Library Trustee therefore he is
months on June 30, 2003. nominated for re-appointment.
However, it is my intention to re-appoint Mr. Caruso to a full James W. Burns, 175 Admiral Road, Buffalo, N.Y. 14216
three term on July 1. 2003 ). Mr. Burns is a dedicated public servant of the highest order. He
Mr. Caruso's term will commence immediately and expire on has served as Budget Director and Commissioner of
June 30, 2003. Administration and Finance for the City of Buffalo. He was
I hereby certify that the above named individual is fully qualified Special Assistant to Governor Carey and Executive Assistant
to serve as a member of the Commission on Citizens Rights to the Superintendent of Buffalo Schools.
and Community Relations. Mr. Burns is a graduate of the University of Notre Dame and
REFERRED TO THE COMMITTEE ON LEGISLATION, THE pursued graduate studies at the University of Buffalo. He has a
DIVISION OF COLLECTIONS AND THE life long interest in the Library, beginning at sixteen when he
CORPORATION COUNSEL was employed as a stockboy at the Kensington Branch, his first
job.
NO. 2 David F. Granville, 9 Cottage Street Buffalo, N.Y. 14201
APPOINT BRUNA MICHAUX Mr. Granville is the Executive Director, City of Buffalo Arts
COMMISSIONER - DEPARTMENT OF Commission. He serves as administrative for 15 member City
ASSESSMENT & TAXATION of Buffalo Arts Commission and 17 member Arts and Cultural
Pursuant to Article 8, section 8-2 of the Charter of the City of Funding Advisory Committee. From 1986 thru 1993 David was
Buffalo, we hereby appoint Bruna Michaux, 212 Woodlawn Director/Assistant Director of Niagara University Theatre,
Avenue Buffalo, NY 14208 to the position of Commissioner of Buffalo Ensemble Theatre, Holy Name College Theatre
Assessment and Taxation of the City of Buffalo, at a salary of (Oakland, CA), Greater Buffalo Opera Company, and Eastman
$70, 820. School of Music Opera Theatre (Rochester, N.Y.)
Ms. Michaux is currently the Senior Tax Administrator in the Maureen Danahy, SSJ, 151 Summit Avenue, Buffalo, N.Y.
Department of Assessment and Taxation managing the Tax 14201
Division of the Assessment Office for the past twenty-six years, At the present time Maureen Danahy is Director of the Mayor's
with the exception of seven years when she served as the Internship Program. From 1972-1998 she was an elementary
Director of Parking Enforcement. Since the retirement of the school teacher. Maureen has taught grades 2-8 over the
former Commissioner, Ms. Michaux has taken on greater course of her teaching career.
responsibility in managing the operation of the Department of I hereby certify that the above designees are fully qualified to
Assessment and Taxation and has demonstrated that she is serve as members of the Board of Trustees of the Buffalo and
fully capable of handling the duties of Commissioner. Ms. Erie County Library.
Michaux is truly an outstanding public servant with over Mrs. LoTempio moved:
thirty-nine years of service to the City of Buffalo, thirty-two of That the above communication from the Mayor dated January
which have been in the Assessment Department. She has 29, 2003, be received and filed; and
proven to be one of the city's most efficient workers and most That the designation of nominees to the Board of Trustees of
effective managers. the Buffalo and Erie County Public Library of James W. Bums,
We hereby certify that Bruna Michaux is well qualified to residing at 175 Admiral Road, David F. Granville, residing at 9
discharge the duties of Commissioner of Assessment and Cottage Street and Maureen Danahy, SSJ residing at 151
Taxation of the City of Buffalo, and we are proud to appoint her Summit Avenue, be and it hereby is approved.
to this position. PASSED
We urge this Honorable Body to confirm Ms. Michaux as the AYES - 13 NOES - 0
Commissioner of Assessment and Taxation at its earliest
opportunity. NO. 11
Mrs. LoTempio moved: RE-APPOINTMENT OF MEMBERS TO THE
That the above communication from the Mayor dated February COMMITTEE FOR
12, 2003, be received and filed; and PERSONS WITH DISABILITIES
That the appointment of Bruna Michaux, residing at 212 This is to notify the Common Council that pursuant to the
Woodlawn Avenue as Commissioner of the Department of powers vested in me by Section 91 of Article VI of the Charter
Assessment and Taxation, be and it hereby is approved. of the City of Buffalo, as amended, I hereby reappoint the
PASSED following persons as members of the Committee for Persons
AYES - 13 NOES - 0 With Disabilities, for a term commencing immediately and will
expire March 31, 2005.
NO. 3 Reappointment:
Kevin Klenk 293 Linwood Avenue Buffalo, 14216
James Lagona 82 Saranac Avenue Buffalo, 14216 acquisition of 750 East Ferry Street and report the results of
Susan Kahaly 13 10 Delaware Avenue Buffalo, our negotiations with Your Honorable Body for final approval.
14209 RECEIVED AND FILED
Robert McPartland 47 Groveland Street Buffalo, 14214
I hereby certify that the above named individuals are fully FROM THE OFFICE OF STRATEGIC PLANNING
qualified to serve as members of the Committee for Persons NO. 9
with Disabilities. NEGOTIATED SETTLEMENT
REFERRED TO THE COMMITTEE ON LEGISLATION, THE 1733 NIAGARA STREET
DIVISION OF COLLECTIONS, AND THE CORPORATION LOT SIZE: 363'X 198'
COUNSEL ASSESSED VALUE: $21,800
ITEM NO. 12, C.C.P. 10/1/02
NO. 6 The above referenced item was the results of negotiations
"SUPPORT MARINE DRIVE RESIDENTS” with Mr. James Gianni for the sale of the above referenced
#110 C.C.P. FEB 4, 2003 property in the amount of Sixteen Thousand Dollars
Dear Honorable Councilnicjlihcr, ($16,000.00). Mr. Gianni intends to acquire the property in
In response to file above referenced item, I have assigned order to construct a 25,000 sq. ft. warehouse facility for the
Eva Hassctt, Mayoral Chief of Staff, to be my point pet-son to expansion of his furniture manufacturing business. During the
work with the Executive Director and the Board of the Buffalo Council's deliberations a second request to acquire the
Municipal Housing Authority ]it regard to the Marine Drive property was received from another adjoining property owner
Apartments. I am also attaching a copy of a letter that was Ms. Michelle Frank at 1731 Niagara Street. The results of
distributed to Marine Drive Apartment tenants that explains my negotiations were received and filed and the Common Council
position on this matter. requested the Division of Real Estate to offer the property at
As you can see from the attached letter, I reaffirmed my stance public auction to the highest bidder in an effort to settle this
that regardless of the action ultimately taken by the City and matter.
BMHA at Marine Drive, current residents will not he displaced. The above mentioned parties have reached a settlement in this
REFERRED TO THE COMMITTEE ON LEGISLATION matter. Mr. Gianni has agreed to purchase Ms. Frank's home
at 1731 Niagara Street. The purchase of 1731 by Mr. Gianni is
FROM THE MAYOR - EXECUTIVE DEPARTMENT contingent upon Mr. Gianni acquiring title to 1733 Niagara
FROM THE OFFICE OF CITIZEN SERVICES Street.
NO. 7 Therefore, we are, at the request of Mr. Gianni, resubmitting
MONTHLY REPORT FROM THE DIVISION his offer in the amount of Sixteen Thousand Dollars
OF CITIZEN SERVICES - JANUARY 2003 ($16,000.00) for the purchase of 1733 Niagara Street. The
Dear Members of the Buffalo Common Council: purchase price of Sixteen Thousand Dollars ($16,000.00) is
Calls were slightly up in January from 1,671 to 1,583, when the appraised value of the property, which has been reviewed
compared to December, primarily due to the increase in calls and recommended by the City of Buffalo Appraisal Review
relating to user fee bills, which were mailed for the Jan - March Board.
billing period. (User fee calls were up by 125, and total calls It was previously disclosed in the prior referenced item that the
were up by 88) property in question was acquired by the City of Buffalo when
Housing Violation calls remained low at 186, which has been the Village of Black Rock was incorporated into the City of
the trend in winter months. Police calls dropped to only 15 for Buffalo and was part of a tract of land known in 1830 as the
the entire month; plowing calls went down by over 50%, 215 to Parish Tract. Maps at that time showed the property as a
105, and forestry calls remained very low at only 9 calls. "Public Square". City records indicate the property has
Refrigerator calls dropped to 19 and garbage calls decreased remained vacant and abandoned public land since the early
from 318 to 255. Garbage tote request were higher by 46, 1900's. The title to the Public Square was never transferred to
rodent calls remained at 6, but broken and stolen tote request the City of Buffalo by deed or other instruments. Therefore,
both increased. (Broken 73 to 138, stolen 77 to 111) the City of Buffalo will provide Mr. Gianni with a quitclaim deed
Citizen Services will keep a close watch on the broken and and Mr. Gianni has agreed to acquire title insurance, at this
stolen tote requests, to determine if this was weather related, own expense, to cover any defect in or lien or encumbrances
due to January's record cold temperatures, or if 2 trend is on the title. Mr. Gianni has also agreed to accept the property
developing. as is and no search or survey for the property will be provided
As previously mentioned, user fee calls increased from 18 to by the City.
143, due to January’s billing; recycle calls decreased from 203 I am recommending that Your Honorable Body approve the
to 196. sale of 1733 Niagara Street to Mr. James Gianni in the
Regarding recycle calls, each day and once a week, Citizens amount of Sixteen Thousand Dollars ($16, 000.00) upon the
Services forwards al the recycle calls to BF1. BF1 then reports above stated terms and conditions. I am further
back regarding what actions that they have taken. In general, recommending that the Corporation Council prepares the
only about 1/3 d of the recycle boxes are still out when BF1 necessary documents for the transfer of title and the Mayor be
returns an( BF1 normally goes back on the same day as the authorized to execute the same.
call. Also, most of the calls do not involving the box being REFERRED TO THE COMMITTEE ON FINANCE
missed, but rather that items are being put back into the
recycle box, which are not recyclable, such as card board with NO. 10
plastic coating , which is on Coke or Peps containers. RESULTS OF NEGOTIATIONS FOR THE
Citizen Services has found BF1 to be highly responsive and ABANDONMENT AND SALE OF
timely to all of the requests that we have made to them. 498 KENMORE - LOT SIZE 43' X 308, IRREG.
Finally, abandoned car calls were down significantly from 70 to 502 KENMORE - LOT SIZE 43' X 1208, IRREG.
44; adjudication calls were up from 86 to 128, primarily due to 123 NICHOLSON - LOT SIZE 62'X 105 AND
sidewalk and trash violations. 37 SEATTLE - LOT SIZE: 96 X 105
Overall, excluding the increase in user fee calls, calls for The Office of Strategic Planning, Division of Real Estate has
service continued to decrease. received a request from Ripen with Us Child Care Center, Inc.
As always, I hope that you find this information useful. to acquire the above captioned properties. They intend to
Sincerely, construct a day care center for school age children.
RECEIVED AND FILED The properties in question are vacant lots consisting of
approximately 43,546 sq. ft. The property at 498 Kenmore was
NO. 8 under the jurisdiction of the Dept. of Pubic Works
ACQUISITION OF 750 FERRY (Engineering), the property at 502 Kenmore is former railroad
FOR NEW AUTO IMPOUND property, the property at 123 Nicholson has being held at one
The Division of Real Estate has received a request from the time for an extension of Minnesota Avenue Extension and the
Department of Public Works to begin negotiations for the property at 37 Seattle was a foreclosure property.
acquisition of 750 East Ferry Street to relocate the City Auto This office contacted Land Use Planning, City Planning, Sewer
Impound. The City has outgrown its present facility on Dart Authority and Public Works, Parks and Streets. This sale is
Street and this property offers the best opportunity to meet contingent upon the following conditions:
current and future needs. 1. Providing the City Planning Board reviews and approves of
The property consists of a large 200,000 square foot plant the proposed construction plans.
facility and a 44,000 square foot office building situated on The proposed sale must include all of the parcels identified as
about 14 acres of land. The property is currently owned by B.T. 498 Kenmore, 123 Nicholson, 37 Seattle and the city owned
Realty Corporation and occupied by Buffalo Technologies strip of land to the east of NFTA property known as 502
Incorporated. Kenmore.
As part of the negotiation process the Division of Real Estate There is an easement that exists within the former Seattle
will commission the required real estate appraisals and Street right-of-way, which allows the Buffalo Sewer Authority to
environmental assessment study of the property. provide for maintenance of their 10" VT combined sewer.
Therefore, I am recommending that Your Honorable Body, Therefore, no permanent structures are to be constructed
authorize the Division of Real Estate to negotiate for the
within the easement area, and that ingress and egress to the The Department of Permit and Inspection Services and the
easement must be maintained. Division of Collections have been contacted and they have no
In accordance with Article 27-5 of the City Charter; Ripen With objections to the homestead of the above property. There are
Us Child Care Center, Inc. has commissioned an appraisal of no outstanding taxes or other liens owed to the City by the
the properties. The properties were appraised by Mr. Howard purchaser.
Schultz of Howard Schultz and Associates, 306 Delaware Mr. Washington Bennett has also agreed to the following
Avenue, Buffalo, New York 14203. He has estimated the fair conditions determined by the Department of Public Works,
market value of the properties to be Twenty-Eight Thousand Parks and Streets:
Dollars ($28,000.00). 1. The driveway to Glenwood and the concrete ballads shall
The Appraisal Review Board has reviewed the appraisal, remain on City property.
concurs with the appraiser's estimate of value and has 2. No buildings, structures or additions shall be built on the
recommended the appraised value of Twenty-Eight Thousand land.
Dollars ($28,000.00). The value was established by the 3. The land in question shall be surrounded by a fence. No
appraiser using the market comparison approach. gates shall be permitted opening onto the parking lot or
The results of our negotiations are that Ripen With Us Child driveway.
Care Center, Inc. has agreed to purchase the properties, upon 4. The overhead utility lines and poles shall remain and an
the above stated conditions and is prepared to pay a purchase easement established for their maintenance and/or
price of Twenty-Eight Thousand Dollars ($28,000.00). They replacement.
have also agreed to pay for the cost of the appraisal, transfer The Division of Real Estate has investigated the sale of similar
tax and recording fees. properties in the area. Sales prices range from fifty cents (.50)
I am recommending that Your Honorable approve the sale of to three dollars and fifty cents ($3.50) per square foot, for
498 Kenmore, 502 Kenmore, 128 Nicholson and 37 Seattle to similar parcels.
Ripen With Us Child Care Center, Inc. in the amount of The results of our negotiations are that Mr. Washington
Twenty-Eight Thousand Dollars ($28,000.00), upon the above Bennett has agreed to purchase the said portion for one
stated conditions. thousand seven hundred fifty dollars ($1,750), two dollars
I am further recommending that the Corporation Counsel ($2.00) per square foot. He has also agreed to the above
prepare the necessary agreements for the transfer of title and conditions, pay for the cost of the transfer tax, recording fees
that the Mayor be authorized to execute the same and cost of the legal description.
Mrs. LoTempio moved: I am recommending that Your Honorable Body approve the sale
That the above communication from the Office of Strategic of the portion of 289 Glenwood having a 25' frontage on
Planning, Division of Real Estate, dated February 4. 2003, be Glenwood with a 35' depth, abutting 1362 Jefferson Avenue in
received and filed-, and the amount of one thousand seven hundred fifty dollars
That the offer from Ripen with Us Child Care Center, Inc., in ($1,750). 1 am further recommending the Corporation Counsel
the sum of TwentyEight Thousand Dollars ($28,000.00) for the prepare the necessary documents for the transfer of title and
purchase of 498, 502 Kenmore Avenue, 123 Nicholson and 37 the Mayor be authorized to execute the same.
Seattle, be and hereby is accepted subject to the conditions Mrs. LoTempio moved:
listed in the above communication; and That the above communication from the Office of Strategic
That the appraisals requested by the City of Buffalo shall be Planning, Division of Real Estate, dated February 12, 2003, be
paid by the purchaser-, and received and filed; and
That the transfer tax, recording fees and cost of legal That the offer from Washington Bennett, in the sum of One
descriptions shall be paid by the purchaser; and Thousand Seven Hundred and Fifty Dollars ($1,750.00) for the
That the Corporation Counsel be authorized to prepare the purchase of 289 Glenwood, be and hereby is accepted; and
necessary documents for the transfer of title and that the Mayor That the conditions as listed in the above communication are
be authorized to execute the same, in accordance with the met
terms of sale upon which the offer was submitted. That the appraisal requested by the City of Buffalo shall be paid
PASSED by the purchaser; and
AYES - 13 NOES - 0 That the transfer tax, recording fees and cost of legal
description shall be paid by the purchaser; and
NO. 11 That the Corporation Counsel be authorized to prepare the
RESULTS - REAL ESTATE AUCTION necessary documents for the transfer of title and that the Mayor
JANUARY 30, 2003 be authorized to execute the same, in accordance with the
ITEM NO. 64, C.C.P. 01/07/03 terms of sale upon which the offer was submitted.
In the above referenced item Your Honorable Body PASSED
authorized the sale of City owned properties at public auction. AYES - 13 NOES - 0
After due advertisement the auction was held on January 30,
2003. A total of 90 properties were auctioned and 88 bids were NO. 13
received and are attached along with the name and address of RESULTS OF NEGOTIATIONS
the highest bidder and the amount bid. 121 MONTICELLO, 95' W TRINIDAD
The terms the auction require that the successful bidder VACANT LOT: 30' X 107'
of
ASSESSED VALUATION: $1,500.
provide to the Division of Real Estate, within 30 days after the
The Office of Strategic Planning, Division of Real Estate, has
auction, a repair /rehabilitation plan and proof financial ability
of
received a request to purchase 121 Monticello Place from Ms.
to complete the purchase and repair/rehabilitation of the
Evelyn Rosario, 117 Monticello Place, Buffalo, New York
property, prior to the transfer of title. No property will be
14214. Ms. Rosario intends to use this property for additional
transferred to any bidder owing financial obligations to the City
yard space, which is adjoining to her property.
or any bidder that has existing code violations on other property
The Department of Permits and Inspection Services and the
they own, until such obligations are satisfied. The City will not
Division of Collections have no objections to the sale. There are
provide any search or survey for said properties. The purchaser
no code violations, taxes or other liens owed to the City of
will pay for the transfer tax and recording fees.
Buffalo by the purchaser.
Any purchaser who fails to comply with the terms of sale will
The Division of Real Estate has investigated the sale of similar
forfeit their deposit and the property will be returned to the City
vacant lots in the subject area. Sales prices range from twenty
inventory for sale.
cents (.20) to twenty-five cents (.25) per square foot.
I am recommending that Your Honorable Body approve the
The results of our negotiations are that Ms. Evelyn Rosario has
attached bid list and authorize the transfer of title to the bidder
agreed and is prepared to pay eight hundred dollars ($800.),
listed. I am further recommending that the Corporation Counsel
twenty-five cents (.25) per square foot for this parcel. She has
prepare the necessary documents for the transfer of title and
also agreed to pay for the cost of transfer tax, recording fees
that the Mayor be authorized to execute the same.
and cost of legal description.
REFERRED TO THE COMMITTEE ON FINANCE
I am recommending that Your Honorable Body approve the sale
of 121 Monticello Place to Ms. Evelyn Rosario in the amount of
NO. 12
eight hundred dollars ($800.). 1 am further recommending that
RESULT OF NEGOTIATIONS
the Corporation Counsel prepare the necessary documents for
PORTION OF 289 GLENWOOD
the transfer of title and the Mayor be authorized to execute the
LOT SIZE: 25' ON GLENWOOD X 33 IN
same.
DEPTH
Mrs. LoTempio moved:
The Office of Strategic Planning, Division of Real Estate, has
That the above communication from the Office of Strategic
received a request-- from Mr. Washington Bennett to purchase
Planning, Division of Real Estate, dated February 12, 2003, be
a portion of 289 Glenwood, having 25' of frontage on Glenwood
received and filed; and
with a depth of 35'. Mr. Bennett owns the property at 1362
That the offer from Ms. Evelyn Rosario, 117 Monticello Place,
Jefferson and has entered into a lease with a Child Care
in the sum of Eight Hundred Dollars ($800.00) for the purchase
Provider to use 1362 Jefferson Avenue. Mr. Bennett requests
of 121 Monticello, be and hereby is accepted; and
to purchase the specified portion of 289 Glenwood for
That the conditions as listed in the above communication are
greenspace for the child care center, which abuts 1362
met;
Jefferson Avenue.
That the appraisal requested by the City of Buffalo shall be paid parcel is inappropriate for either the construction of new
by the purchaser; and housing or needed for public purposes.
That the transfer tax, recording fees and cost of legal Mr. Robert L. Harris and Mrs. Geraldine V. Harris residing at
description shall be paid by the purchaser; and 70 French Street, Buffalo, New York 142 11 indicated they will
That the Corporation Counsel be authorized to prepare the clean, improve and maintain the lot in the event they obtain title
necessary documents for the transfer of title and that the Mayor to the property under the Urban Homestead Program.
be authorized to execute the same, in accordance with the The Division of Permit and Inspection Services and the
terms of sale upon which the offer was submitted. Division of Collections have been contacted There are no
PASSED property code violations, taxes or other liens owed to the City of
AYES - 13 NOES - 0 Buffalo by the homesteaders.
We, therefore, recommend the city-owned vacant lot be
NO. 14 designated as a Homestead Property and b( transferred to Mr.
RESULTS OF NEGOTIATIONS and Mrs. Harris, on the condition the property is cleaned and
108 ROHR, 184' S NORTHAMPTON improved within (6) month! and maintained in a sanitary
VACANT LOT: 32-' X 105' manner,
ASSESSED VALUATION: Mrs. LoTempio moved:
LAND: $ 2,100 That the above communication from the Office of Strategic
IMPROVEMENT: Planning dated February 12, 2003, be received and filed; and
23,500 That the city-owned property commonly known as 74 French
TOTAL: 25,600 Street, is hereby designated as Homestead Property, and that
The Office of Strategic Planning, Division of Real Estate, has the Mayor be, and he hereby is authorized to execute a deed
received a request to purchase 108 Rohr Street from Mr. transferring said property to Mr. Robert L. Harris and Mrs.
William Reese, 108 Rohr Street, Buffalo, New York 14211. Mr. Geraldine V. Harris, residing at 70 French Street, for the
Reese intends to bring the single family house into code amount of One Dollar (S 1.00) and no more, and all costs of
compliance and use as a place of residence. transfer, on the condition the property is cleared and improved
The purchaser has provided the Division of Real Estate with a within six (6) months and maintained in a sanitary manner.
plan to rehabilitate the house and proof of financial ability to PASSED
complete the purchase and repairs. This single family house AYES - 13 NOES - 0
was acquired by the City of Buffalo through a tax foreclosure in
1994, situate on a lot 32' x 105' in fair condition. NO. 17
The Department of Permits and Inspection Services and the TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM
Division of Collections have no objections to the sale. There are 151 LANDON (CITY OWNED-VACANT LOT, 38' X 115')
no code violations, taxes or other liens owed to the City of The Office of Strategic Planning has surveyed the city-owned
Buffalo by the purchaser. vacant lot at 151 Landon Street, Buffalo New York 14208,
The Division of Real Estate has investigated the sale of similar parcel is 38' x 115' in dimension; and it has been determined
houses in the subject area. Sales prices range from this parcel is inappropriate for either the construction of new
seventy-eight cents (.78) to four dollars and forty two cents housing or needed for public purposes.
($4.42) per square foot of living area. Mr. Shedrick Lillard, Sr. and Mrs. Verna Mae Lillard residing at
The results of our negotiations are that Mr. William Reese has 214 Wohlers Avenue, Buffalo, New York 14208 indicated they
agreed and is prepared to pay five thousand dollars ($5,000), will clean, improve and maintain the lot in the event they obtain
two dollars amd fifty cents (2.50) per square foot for this house. title to the property under the Urban Homestead Program.
He has also agreed to pay for the cost of transfer tax, recording The Division of Permit and Inspection Services and the
fee's and cost of the legal description. Division of Collections have been contacted There are no
I am recommending that Your Honorable Body approve the sale property code violations, taxes or other liens owed to the City of
of 108 Rohr Street to Mr. William Reese in the amount of five Buffalo by the homesteaders,
thousand dollars ($5,000). 1 am further recommending that the We, therefore, recommend the city-owned vacant lot be
Corporation Counsel prepare the necessary documents for the designated as a Homestead Property and be transferred to Mr.
transfer of title and that the Mayor be authorized to execute the and Mrs. Lillard, on the condition the property is cleaned and
same. improved within (6) month and maintained in a sanitary manner.
REFERRED TO THE COMMITTEE ON FINANCE Mrs. LoTempio moved:
That the above communication from the Office of Strategic
NO. 15 Planning dated February 12, 2003, be received and filed; and
TRANSFEROF TITLE, URBAN HOMESTEAD PROGRAM That the city-owned property commonly known as 151 Landon
72 DUPONT (CITY OWNED-VACANT LOT, 3 V X 107') Street, is hereby designated as Homestead Property, and that
The Office of Strategic Planning has surveyed the city-owned the Mayor be, and he hereby is authorized to execute a deed
vacant lot at 72 Dupont Street, Buffalo New York 14208, parcel transferring said property to Mr. Shedrick Lillard, Sr. and Mrs.
is 31' x 107' in dimension; and it has been determined this Verna Mae Lillard, residing at 214 Wohlers Avenue, for the
parcel is inappropriate for either the construction of new amount of One Dollar (S 1.00) and no more, and all costs of
housing or needed for public purposes. transfer, on the condition the property is cleared and improved
Ms. Renee Tipps residing at 68 Dupont Street, Buffalo, New within six (6) months and maintained in a sanitary manner.
York 14208 indicated she will clean, improve and maintain the PASSED
lot in the event she obtains title to the property under the Urban AYES - 13 NOES - 0
Homestead Pro-ram. No. 18
The Division of Permit and Inspection Services and the Transfer of Title, Urban Homestead Program
Division of Collections have been contacted. There are no 113 Mulberry (City Owned-vacant lot, 25' x 100')
property code violations, taxes or other liens owed to the City of The Office of Strategic Planning has surveyed the
Buffalo by the homesteader. city-owned vacant lot at 113 Mulberry Street Buffalo, New York
We, therefore, recommend the city-owned vacant lot be 14204, parcel is 25' x 100' in dimension; and it has been
designated as a Homestead Property and be transferred to Ms. determined this parcel inappropriate for either the construction
Renee Tipps, on the condition the property is cleaned and of new housing or needed for public purposes.
improved within (6) months and maintained in a sanitary Mr. Llord Brooks residing at I I I Mulberry Street, Buffalo, New
manner. York 14204 indicated he will clean, improve and maintain the lot
Mrs. LoTempio moved: in the event he obtains title to the property under the Urban
That the above communication from the Office of Strategic Homestead Program
Planning dated February 12, 2003, be received and filed; and The Division of Permit and Inspection Services and the
That the city-owned property commonly known as 72 Dupont Division of Collections have been contacted There are no
Street, is hereby designated as Homestead Property, and that property code violations, taxes or other liens owed to the City of
the Mayor be, and he hereby is authorized to execute a deed Buffalo by the homesteader.
transferring said property to Ms. Renee Tipps, residing at 68 We, therefore, recommend the city-owned vacant lot be
Dupont Street, for the amount of One Dollar ($ 1.00) and no designated as a Homestead Property and b transferred to Mr.
more, and all costs of transfer, on the condition the property is Llord Brooks, on the condition the property is cleaned and
cleared and improved within six (6) months and maintained in a improved within (6) months an maintained in a sanitary manner.
sanitary manner. REFERRED TO THE COMMITTEE ON COMMUNITY
PASSED DEVELOPMENT
AYES - 13 NOES - 0
No. 19
NO. 16 Transfer of Title, Urban Homestead Program
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 30 Orange (City Owned-vacant lot, 10' x 100')
74 FRENCH (CITY OWNED-VACANT LOT, 30' X 137') The Office of Strategic Planning has surveyed the
The Office of Strategic Planning has surveyed the city-owned city-owned vacant lot at 30 Orange Street, Buffalo New York
vacant lot at 74 French Street, Buffalo New York 14211, parcel 14204, parcel is 10' x 100' in dimension; and it has been
is 30' x 137' in dimension; and it has been determined this
determined this parcel is inappropriate for either the result of this new venture moreover, all employee's of the
construction of new housing or needed for public purposes. establishment would not be required to pay any income tax.
Ms. Stephanie E. Ball residing at 32 Orange Street, Buffalo, Finally, all products and services sold by the establishment
New York 14204 indicated she will clean, improve and maintain would be tax exempt.
the lot in the event she obtains title to the property under the 2.) Sovereign Nation Status
Urban Homestead Program. Once the Sencea Nation procures a land acquisition, that
The Division of Permit and Inspection Services and the land becomes part of their sovereign nation. The city would find
Division of Collections have been contacted There are no itself dealing with a separate nation within its own borders of
property code violations, taxes or other liens owed to the City of which, it would have no legal say as to what can and cannot
Buffalo by the homesteader. transpire on Sencea property. Tins would certainly lead to
We, therefore, recommend the city-owned vacant lot be conflict in matters of both civil and criminal procedures.
designated as a Homestead Property and b transferred to Ms. 3.) Addiction
Stephanie E. Ball, on the condition the property is cleaned and a.) In 1975 fewer than 1% of our nation’s adults were
improved within (6) month and maintained in a sanitary manner. addicted to gambling. Today 5% of adults and an alarming 11%
Mrs. LoTempio Moved: of teenagers are addicted to gambling. Source: The National
That the above communication from the Office of Strategic Center for Compulsive Gambling
Planning dated February 12, 2003, be received and filed; and b.) The cost of gambling addiction to the communities of
That the city-owned property commonly known as 30 Orange America stands at $1.452 billion per year ---- about S 100
Street, is hereby designated as Homestead Property, and that million more than the $ 1.3 billion the gambling industry
the Mayor be, and he hereby is authorized to execute a deed reported it paid in taxes in 1993.
transferring said property to Ms. Stephanie E. Ball, residing at c.) Participation in all forms of gambling is illegal for
32 Orange Street, for the amount of One Dollar ($1.00) and no individuals under the age of 18 in NYS, yet 86% of NY
more, and all costs of transfer, on the condition the property is teenagers reported that they had bet on one or more types of
cleared and improved within six (6) months and maintained in a gambling at some point in time furthermore, 75% reported
sanitary manner. gambling 'in the past year while 15% gambled on one or more
Passed. t3rpes of gambling on a weekly basis. Source: Study
AYES - 13 - NOES - 0 commissioned by the NY Council on Problem Gambling Inc.
1998
No. 20 d.) Finally, Governor Pataki's own study on gambling
Certificate of Appointment released in 1996 stated that "urban casino's" were detrimental
Appointment Effective: February 3, 2003 in the Department to their communities.
of Office of Strategic Planning Division of Residential 4.) Crime
Development Statistics show that gambling institutions increase the rate of
to the Position of Supervisor of Building Construction crime, (holding all other variables constant). For example,
TEMPORARY APPOINTMENT MAXIMUM Starting Salary of: Atlantic City NJ experienced a higher crime rate in post-casino
Robert Katilus 61 Oakhurst Buffalo, NY 14220 years 1978-1984 than they did in prior year 1972-1977. Even in
REFERRED TO THE COMMITTEE ON CIVIL SERVICE the suburbs and beyond, crime rates were higher, including
violent crime. Source: Journal of Criminal Justice, Oct. 1989
FROM THE COMPTROLLER 5.) Loss of Jobs and Small Business
For every job created by the gambling industry, 2.75 jobs are
No. 21 lost from the rest of the cities economy. Atlantic City’s small
Certificate of Necessity business community declined from 2100 to below 150 following
Transfer of Funds the debut of casino gambling. Source: Dr. John Kindt
Bond Fund Professor at the University of Illinois
6.) Loss of Entertainment Dollars
We, Anthony M. Masiello, Mayor and Andy Sanfilippo, A casino compact spells out a significant diversion of
Deputy Comptroller, do hereby certify, pursuant to §20-12 of entertainment dollars from local sports, arts, special and
the Charter, that it is necessary that the sum of $200,000 be seasonal events.
transferred from the bond account listed below and For the above reasons as well as several others of equal or
reappropriated, as set forth below: greater importance, I can not condone in good conscience that
From: a casino compact would be in Buffalo's best interest.
Bond Fund REFERRED TO MAYORS TASK FORCE ON CASINO
36650106 - 445100 Demolitions GAMING
$200,000
To: No. 23
Bond Fund Special Committee on Fruitbelt
36311906 - 442100 Demolitions Redevelopment Plan
$200,000 Attached is the Final Report for the Fruitbelt Redevelopment
RECEIVED AND FILED Plan and proposed Tax Increment Financing District. The
report is submitted by Dr. Henry Taylor of the Center for Urban
FROM THE PRESIDENT OF THE COUNCIL Studies and the Department of Planning at the University at
Buffalo.
NO. 22 The submission of this report provides the basis for the
OPPOSE CASINO COMPACT Common Council to begin holding Hearings to evaluate the
As a resident of Buffalo, for over 20 years now I am appalled plan and determine its feasibility. As part of this process, I am
at the prospect of a casino compact in our city. appointing a special committee consisting of the District
I wholeheartedly agree our city, especially its downtown is Councilmember Brian Davis, and representatives of the St.
lacking that certain special venture that will act as a center John's Baptist Church, Corporation Counsel, the Comptroller's
piece to attract not only local but tourist dollars as well. Over Office, Strategic Planning, Assessment, the E.C.I.D.A., the
the past 20 year I've witnessed our revitalization from a once Buffalo Medical Campus and the Center for Urban Studies.
burned out shell after the decline of the steel industry to a The purpose of this committee will be primarily technical in
successful service oriented metropolis. nature to finalize the establishment of a Tax Increment District
We have a state-of-the-art mass transit system which connects in accordance with current City, County and State policies.
the Northern suburbs with downtown, a thriving theater district, The creation of a Tax Increment District for residential
fine dinning and a colorful nite life. The convention center and redevelopment will indeed be pioneering for the City of Buffalo.
the new HSBC arena are popular East coast hubs for the In this time period of funding scarcity, utilizing the assessed
entertainment circuit as well as trade and craft exhibitions and value of properties in older neighborhoods to create value for
other cultural venues. It also plays host to professional sports revitalization is creative.
including our hometown Sabres. I would invite you to read the report and support its
With the above stated, I reiterate Buffalo is indeed missing that development.
final link to fuse together all of its already established venues RECEIVED AND FILED
but I contend that final link need not be a casino! A casino
venture will only serve to extract the life blood out of a city that FROM THE COMMISSIONER OF ASSESSMENT AND
has struggled vehemently over the years to strike a come back. TAXATION
It will destroy all the good that our city leaders have labored so
intensively for throughout the years. NO. 24
The following is a list of negative impacts that a casino venture Ord. Amend - Chapter 216
would most likely have on our city and the out stretched Garbage, Rubbish & Refuse
suburbs. Incidentally, this list is by no means exhausted: Item #106,C.C.P. 02/04/03
1.) Loss of Tax Revenue The above item was referred to this office for a response.
With only 6% of gambling revenues promised to it The Department of Assessment and Taxation supports the
the city
ordinance Amendment designating the United States Post
would hardly restore the tremendous lost of property taxes as a
Office postmark date in determining the time of payment for the $1,008.00, as more fully described in the above
user fee. communication, for work relating to Glenny Park Field House,
This would provide uniformity since the Charter and Code of Electric Work, C #92010496. Funds for this project are
the City of Buffalo, Section 28-65, Tax and Assessment available in CPF 3 6400706 445 100 - Division of Buildings.
Collection, references the United States postmark date as the Passed
date of payment for city tax. AYES - 13 - NOES - 0
RECEIVED AND FILED
No. 27
Change in Contract
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS
JFK Community Center
AND STREETS
HVAC Upgrade
I hereby submit to Your Honorable Body the following
NO. 25
changes for the JFK Community
Notification Serial # 9592
Center, HVAC Upgrade, R P Mechanical, C #92010629.
Install Stop Signs
1 . Credit for asbestos removal. Deduct $1,720.00
in Pennsylvania Street
2. Replace gym door louvers for return air to AHU's.
at Normal Avenue
Add $777.00
STOP SIGNS - INSTALL
3. Replace gravity exhaust louver in gym. Add $808.00
In conformity with Section 49 of Chapter 479 of the
4. Replace 1" piping in girls locker room. Add $ 1,241.00
Ordinances of the City of Buffalo, the City Engineer hereby
5. Replace (11) sensors with flat plates. Add $ 467.00
notifies Your Honorable Body of this action supplementing,
6. Furnish and install new hot water heating
amending, or repealing existing provisions of Chapter 479 of
system pumps. Add $ 4,959.00
the Ordinances, as stated below, to be effective forty five days
7. Rebuild AHU with new shaft, motor, belts and pulley.
after the first Council meeting at which they appear on the
Add $ 1,607.00
agenda as an item business.
8. Relocate computer to 1326 Seneca St. Add $ 2,042.00
That part of Subdivision 9 Section I I of Chapter 479 of
The foregoing change results in a net increase in the contract
Ordinances of the City of Buffalo be supplemented by adding
of Ten Thousand One Hundred Eighty One and 00/100 Dollars
thereto the following: STOP SIGNS
($10,181.00).
VEHICLES ON SHALL STOP BEFORE
Summary:
ENTERING
Current Contract Amount
Pennsylvania Street Normal Avenue
$167,431-00
This action is being taken as a follow-up to Notification Serials
Amount of This Change Order (#2) Add $ 10,181.00
9584 through and including 9587 to improve traffic circulation
Revised Contract Amount
around Kleinhans Music Hall, at the request of the District
$177,612.00
Councilmember.
Costs have been reviewed by the Department of Public Works,
Notification Serial #9593
Parks & Streets and were found to be fair and equitable. Funds
Install No Turn on Red
for this work are available in CPF 36321506 445100 - Division
Seneca Street, southbound
of Buildings.
at Cazenovia Street
I request that Your Honorable Body authorize the
NO TURNS ON RED - INSTALL
Commissioner of Public Works, Parks & Streets to issue a
In conformity with Section 479 of the Ordinances of the City
change order to the contractor as set forth above.
of Buffalo, the City Engineer hereby notifies your Honorable
Mrs. LoTempio Moved:
Body of this action supplementing, amending, or repealing
That the above communication from the Commissioner of
existing provisions of Chapter 479 of the Ordinances, as stated
Public Works, Parks and Streets dated February 13, 2003, be
below, to be effective forty five (45) days after the first Council
received and filed; and
meeting at which they appear on the agenda as an item
That the Commissioner of Public Works, Parks and Streets be,
business.
and he hereby is authorized to issue change order No. 2, to RP
That part of the Subdivision I of Section 38 of Chapter 479 of
Mechanical, an increase in the amount of $10,18 1.00, as more
the Ordinances of the City of Buffalo be supplemented by
fully described in the above communication, for work relating to
adding thereto the following: TURNS PROHIBITED FACING
JFK Community Center, HVAC Upgrade, C #92010629. Funds
STEADY RED SIGNAL
for this project are available in CPF 36321506 445 100 -
Vehicles on at Intersection of Effective Period
Division of Buildings.
of Time
Passed
Seneca Street Cazenovia Street 7:00 AM - 4:00
AYES - 13 - NOES - 0
PM
traveling southbound northwest comer
No. 28
This action is being taken at the request of the District Council
Change in Contract
member in order to provide safer pedestrian crossing at a
Pratt Willert Community Center
location next to senior citizen housing.
Interior Renovations
RECEIVED AND FILED
I hereby submit to Your Honorable Body the following
changes for the Pratt Willert Community Center, Interior
NO. 26
Renovations, The Peyton Barlow Co., C #92010690.
Change in Contract
1. Furnish the gymnasium floor cover (56'x 90'). Add $
Glenny Park Field House
4,500.00
Electrical Work
The foregoing change results in a net increase in the contract
I hereby submit to Your Honorable Body the following
of Four Thousand Five Hundred and 00/100 Dollars
changes for the Glenny Park Field
($4,500.00).
House, Electrical Work, Weydman Electric, Inc., C
Summary:
#92010496.
Current Contract Amount
1. Provide disconnect switch for the hot water
$94,937.00
tank. Also provide bends in the new 4"
Amount of This Change Order (#4) Add $
electrical conduits over the existing duct and
4,500.00
encase in concrete. Add $1,008.00
Revised Contract Amount
The foregoing change results in a net increase in the contract
$99,437.00
of One Thousand Eight and 00/100 Dollars ($1,008.00).
Costs have been reviewed by the Department of Public Works,
Summary:
Parks & Streets and were found to be fair and equitable. Funds
Current Contract Amount $49,291.00
for this work are available in CPF 30014706 445100 - Division
Amount of This Change Order (#1) Add 1,008.00
of Buildings.
Revised Contract Amount $50,299.00
I request that Your Honorable Body authorize the
Costs have been reviewed by the Consulting Architect (E I
Commissioner of Public Works, Parks & Streets to issue a
Team) and the Department of Public Works, Parks & Streets
change order to the contractor as set forth above.
and were found to be fair and equitable. Funds for this work are
Mrs. LoTempio Moved:
available in CPF 36400706 445100 - Division of Buildings.
That the above communication from the Commissioner of
I request that Your Honorable Body authorize the
Public Works, Parks and Streets dated February 11, 2003, be
Commissioner of Public Works, Parks & Streets to issue a
received and filed; and
change order to the contractor as set forth above.
That the Commissioner of Public Works, Parks and Streets be,
Mrs. LoTempio Moved:
and he hereby is authorized to issue change order No. 4, to
That the above communication from the Commissioner of
The Peyton Barlow Co., an increase in the amount of
Public Works, Parks and Streets dated February 11, 2003, be
$4,500.00, as more fully described in the above
received and filed; and
communication, for work relating to Pratt Willert Community
That the Commissioner of Public Works, Parks and Streets be,
Center, Interior Renovations, C #92010690. Funds for this
and he hereby is authorized to issue change order No. 1, to
Weydman Electric, Inc., an increase in the amount of
project are available in CPF 30014706 445 100 - Division of Negotiations on a new contract with American Water are
Buildings. nearing completion, and it is expected that the Water Board will
Passed approve the contract by March 1, 2003. I expect to file the
AYES - 13 - NOES - 0 contract with the Common Council for your meeting of March 4,
2003.
No. 29 Mrs. LoTempio Moved:
Closing & Abandonment That the above communication from the Commissioner of
Remaining Portion Public Works, Parks and
Of Asbury Alley Streets dated February 13, 2003, be received and filed; and
Owens B. Augspurger That the Buffalo Water Board extends the contract through
Ramp Addition Project March 31, 2003 with American Water Service for operation of
The Department of Public works, Parks and Streets has the Water System. That the Commissioner of Public Works,
been petitioned for the d4-scontinuance and abandonment of Parks and Streets be, and he hereby is authorized to report
the remaining portion of Asbury Alley for the Owens back the results of such contract extension.
B.Augspurger Ramp Addition Project. (Request/Map Attached) Passed
In order to construct the ramp, it will be necessary to abandon AYES - 13 - NOES – 0
and close the remaining portion of Asbury Alley to vehicular
traffic. No. 33
It is requested that Your Honorable Body refer this matter to the Final Environmental Assessment -
Planning Board, Division of Real Estate and the Law Main St. Multi-Modal Access
Department for review and comment. And Revitalization Project
Pending approval by the Planning Board, other affected parties Attached please find the Final Environmental Assessment
and our department will submit the necessary items requesting for the Main St. Multi-Modal Access and Revitalization Project.
permission for the closing and abandonment of Asbury Alley. Please be advised that I have issued a Negative Declaration in
REFERRED TO THE COMMITTEE ON LEGISLATION, THE accordance with the requirements of the State Environmental
CITY PLANNING BOARD, THE DIRECTOR OF REAL Quality Review Act. (SEQR).
ESTATE AND THE CORPORATION COUNSEL REFERRED TO THE COMMITTEE ON LEGISLATION, THE
COMMISSIONER OF PUBLIC WORKS AND THE
No. 30 DIRECTOR OF STRATEGIC PLANNING
Emergency Reconstruction
Engine 33 No. 34
Water damage is occurring at Engine 33 (275 Kehr Street) Grant-In-Aid
because of dilapidated gutters. Besides relining the gutters, Municipal Waste Reduction/
which are built integrally with the roof and walls, the work Recycling Project
includes removing and repairing rotten wood structural Item #116, C.C.P. 02/04/03
members and roof sheathing, replacing some shingles, and This department has been asked to comment on the
replicating the metal cornice. referenced resolution filed by Councilmember Martino.
Since the water damage could extensively damage the We agree with all aspects of the resolution, but we suggest that
building's structure and finishes if it is not stopped quickly, I in Resolve number three, the City's local share be limited to
have declared an emergency. The expected cost of this work is $35,000 per year.
approximately $33,000. Funds are available in Division of REFERRED TO THE COMMITTEE ON FINANCE
Buildings' Account 36322206.
RECEIVED AND FILED NO. 35
NOTIFICATION OF GRANT AWARD
NO. 31 This is to notify your Honorable Body that the City of Buffalo
Erie Canal Harbor - Division of Water has received an EPA Grant from the
Funding Agreement Environmental Protection Agency to perform vulnerability
The City of Buffalo was a signatory to the July 1, 1997 assessment on their water system and to update their
agreement between the City, the County, BURA and Empire emergency response Plan. The total amount of this grant is
State Development for the funding of the Inner Harbor Project. $115,000.00.
The scope and budget of the project has changed drastically RECEIVED AND FILED
requiring a new funding agreement. The proposed agreement
is attached for your review. The new scope of the project is set NO. 36
forth beginning on page four of the agreement, and the new Permission to Hire Consultant
budget is attached as exhibit A. City Hall Low-Rise Elevators
Please be advised that the City's funding commitment remains Permission is hereby requested to hire a consultant and
at $300,000, but the Buffalo Sewer Authority will now be receive bids for the rehabilitation of the low rise elevators at City
providing $2 million for the project. The City's share has already Hall. The existing elevators were installed when the building
been spent. was constructed and have outlived their useful life.
I, therefore, request Common Council's authorization to enter Replacement parts for many components are no longer
into the attached agreement for the Canal Harbor project. manufactured and are unavailable.
Mrs. LoTempio Moved: Funds for this project are available in the Division of Buildings
That the above communication from the Commissioner of Account 36322206.
Public Works, Parks and Streets dated February 10, 2003, be REFERRED TO THE COMMITTEE ON FINANCE
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, NO. 37
and he hereby is authorized to enter into an Agreement PROPOSED SALE OF FLINT ALLEY AND LEASE OF
between the City of Buffalo, County of Erie, Buffalo Urban PORTION OF WEST MOHAWK STREET
Renewal Agency and Empire State Development for the ITEM #17, C.C.P. 12/10/02
funding of the Inner Harbor ,"-4~roject. If the Common Council and City Planning Board approve of
Passed the proposed sale of Flint Alley and the lease of a portion of
AYES - 13 - NOES - 0 West Mohawk for the construction of the new federal
The Common Council grants this approval of the funding of the courthouse please authorize the abandonment of both as public
Inner Harbor project endorses the inclusion of a Greenway streets or alleys, and direct the Corporation Counsel and the
Plaza to guarantee public access to the Waterfront and Director of Real Estate to take whatever steps are necessary
supports the concept of a Heritage Museum in the project the effectuate the sale of Flint Alley and the lease of a portion of
West Mohawk Street.
No. 32 The attached sanborn maps show the areas to be abandoned,
Extension of Contract - sold, and/or transferred.
American Water Services RECEIVED AND FILED
Item 423, C.C.P. 11/26/02
In the referenced item, the Common Council agreed with the NO. 38
Buffalo Water Boards’ three month extension to their contract SEQR DECLARATION - MAIN ST.
with American Water Service for operation of the Water MULTI MODAL ACCESS AND REVITALIZATION
System. PROGRAM
At their meeting of February 12, 2003, the Buffalo Water Board This item is to inform Your Honorable Body that a SEQR
agreed to an additional extension to American Water's contract declaration with a finding of "No Significant Impact" has been
through March 31, 2003 or until a new contract is signed by determined for the Main St. Multi Modal Access and
both parties. Under this extension, as was the case in the last Revitalization Project (cars on Main St.). As a result of this
extension, American Water Service will be compensated at the finding no Environment Impact Statement (EIS) will be required
new negotiated rate. to advance this project.
A full environmental assessment form has been prepared and In a number of cases, outside counsel has been utilized to
is on file in our office. Also a copy of the Negative Declaration represent the City of Buffalo due to the need for specialized
is attached for your information. skill in a particular field of law. These include the following:
REFERRED TO THE COMMITTEE ON LEGISLATION Case Name Outside Attorney
Approximate Cost
FROM THE COMMISSIONER OF POLICE United States vs. City Adam Perry, Esq. $6,200.00
NO. 39 Hodgson, Russ
DEPARTMENT OF JUSTICE MEMORANDUM OF Estate of Ronald Russell and John Loss, Esq. $6,700.00
AGREEMENT and Estate of Darren Alexis Connors & Vilardo
This is to notify your Honorable Body, as a matter of record, Vs. City of Buffalo
the attached agreement with the reviewer is necessary to United States vs. Buffalo Police James Grable,
comply with the recently negotiated Department of Justice Esq.$25,000.00
Memorandum of Agreement. Connors & Vilardo
If there are any questions regarding any of the enclosed LTV SteelJHickory Woods matter John Kolaga, Esq.
materials, please contact Chief of Staff, James Giammaresi at $65,200.00
851-4963. Jaeckle, Fleischmann & Mugel
Mrs. LoTempio moved Indian Gaming Dennis AUttlesey, Esq.
That the above communication from the Commissioner of $1,700.00
Police dated February 13, 2003 be received and filed; and The Department of Human Resources has utilized outside
That the Commissioner of Police be, and he hereby is labor counsel as follows-
authorized to enter into an agreement with Martin S. Gloss, Police Interest Arbitration Edward Piwowarczyk, Esq.
Ph.D. to serve as a Reviewer. Funding for this agreement shall $15,700.00
come from the Police Department overtime budget,. Jaeckle, Fleischmann & Mugel
PASSED Fire Interest Arbitration Edward Piwowarczyk, Esq.
AYES - 13 NOES - 0 $3,000.00
Jaeckle, Fleischmann & Mugel
NO. 40 The Joint Schools Construction Board has utilized the following
CERTIFICATE OF APPOINTMENT counsel:
Appointment Effective February 3, 2002 in the Department of Negotiation of PLA David Edmunds, Esq.
Police Information avlb
to the Position of Cellblock Attendant Temporary Appointment James Schmitt, Esq.from Mel
at the Intermediate Starting Salary of: $ 28,027 Alston
Justin R. Collins, 93 Melrose, Buffalo, New York 14220 Damon & Morey
REFERRED TO THE COMMITTEE ON CIVIL SERVICE Bond Counsel Lorren Lobben, EsqI
information avbl
FROM THE CORPORATION COUNSEL Todd Bullard, Esq. from Mel
NO. Alston
41 Hawkins, Delafield & Wood
ARCHITECTURAL SALVAGE CONTRACT General Counsel James L. Magavem, Esq.
ITEM NO. 26, C.C.P., 12/10/2002 Information
Attached for your approval is the revised contract between Available from Mel
the City and Allentown Association, Inc., on behalf of Buffalo Alston
Architectural Salvage Committee ("BASC") for BASC to render Florence Thompson, Esq.
salvage services to the City upon City properties prior to their The Board of Parking and Public Works Department have
demolition. This Department, with the Director of Real Estate, utilized Hiscock & Barclay on eminent domain issues relating to
has negotiated this agreement with Allentown Association's the acquisition of the Church of Scientology Building and
representatives. Based upon the recently proposed amendment various properties along Michigan Avenue and Exchange
to the City Property Ordinance, Code § 133-22, CCP, Streets needed for improvements to the Michigan Avenue
12/10/02, No. 108, this contract authorizes BASC to conduct Bridge. These projects are still in progress.
salvage services for the City, including identifying and REFERRED TO THE COMMITTEE ON CIVIL SERVICE
collecting salvageable materials from City properties. BASC AND THE JOINT SCHOOLS CONTRUCTION BOARD
would sell the salvage materials and turn the proceeds over to
the City. The City in this agreement would agree to use those NO. 44
proceeds for historical preservation activities recommended by REVIEW OF NOMINEES FOR
BASC. This Council has not yet enacted § 133-22 and would APPOINTMENT-COMMISSIONER OF
need to do so before the City can enter into this contract. ASSESSMENT AND TAXATION
REFERRED TO THE COMMITTEE ON LEGISLATION C.C.P., 2/18/03 [ITEM TO BE FILED]
The Corporation Counsel conferred with the Division of
NO. 42 Collections and reports (as verified by that Division as of
ELECTION LAW February 14, 2003) that the following nominee to the
As you requested, please find attached a copy of the New Commissioner of Assessment and Taxation has no
York State Election Law Section 4-100, which indicates when outstanding debts to the City:
the new district lines will take effect, April 1 (4-100(5)) and Bruna Michaux
when the Board of Elections is obligated to create election RECEIVED AND FILED
districts if City fails to do so, February 16 (4-100(6)).
RECEIVED AND FILED NO. 45
SALE OF TAX LIENS TO MBBA
NO. 43 Enclosed please find a copy of a fax received from John
OUTSIDE LEGAL COUNSEL Chilson of JEF, who attended the Budget Committee meeting
This is in response to your request for information regarding February 10, 2003, JER would service our tax liens, should you
the use of outside legal counsel by city departments. decide to sell these liens to the Municipal Bond Bank Authority
In a number of cases involving conflicts of interest, the Law (MBBA). This communication includes "Responsible
Department has utilized outside counsel to defend the City of Purchaser" sections from JER's New York City agreement. Mr.
Buffalo or individual police officers. These are as follows: Chilson has indicated that similar provisions could be included
Case Name Outside Attorneyin the servicing agreement relative to the Buffalo liens.
Approximate Cost REFERRED TO THE COMMITTEE ON BUDGET
Gaston vs. City of Buffalo John Elmore, Esq. awaiting
bill FROM THE COMMISSIONER OF ADMINISTRAION AND
Kerlikowske vs. City of Buffalo Adam Perry, Esq. $6,000.00 FINANCE
Hodgson, Russ NO. 46
Watkins vs. City of Buffalo Richard Barnes, Esq.$225.00 GENERAL FUND GAP SHEET - SECOND QUARTER
Morris, Cantor & Barnes 2002-03
City of Buffalo vs. Yeates James Grasso, Esq.$8,800.00 Under this cover please find the City's General Fund gap
Phillips, Lytle, Hitchcock, Blaine & Huber sheet for the second quarter of fiscal year (FY) 2002-03. A
Bis vs. City of Buffalo Kathleen Rebhan, Esq. negative balance of $3.3 million is projected for the current
$2,300.00 FY. It should be noted that this estimate is based on current
Connors & Vilardo information available to the budget office. Below is a summary
And of significant variances between current projections and the
Judy Hernandez, Esq. original 2002-03 budget
Damon and Morey Total revenues, resources and interfund transfers are currently
projected at $4.3 million less than budget. This shortfall
consists mainly of Departmental Revenues down $1.5 million
and Transfers Out at $2.8 million more than budget. Of the RECEIVED AND FILED
$1.5 million shortfall in Departmental Revenues, it is estimated
that Departmental Revenues in Permits & Inspections, Public FROM THE COMMISSIONER OF PERMIT & INSPECTION
Works and Fire will be under their budgeted revenues by $527 SERVICES
thousand, $513 thousand and $236 thousand respectively. NO. 49
Expenditures are projected to be $928 thousand less than REPORT OF FORMAL DEMOLITION BIDS(S)
budget. Retirement contributions are $3.45 million less than FOR BUILDINGS STATED BELOW
budget and Personal Services are projected at $2.3 million less Please be advised that the City of Buffalo, Department of
than budget while Other Employee Benefits are projected at Permit & Inspection Services, solicited bids for numerous
$3.5 million more than budget and Miscellaneous Services, properties which were opened on February 4, 2003. The
Charges and Utilities are projected at $1.6 million greater than apparent low bidder is as follows:
budget. PACKAGE / ADDRESS CONTRACTOR and DOLLAR
We are currently projecting a gap of $49.6 million for the AMOUNT of BID
upcoming fiscal year 2003-04. The major difference between BID NUMBER ONE TOPOR DEMOLITION $
the above estimated gap of $49.6 million and the previous 101,152.00
estimate of $28.6 million is due to a change in the estimated BID NUMBER TWO TOPOR DEMOLITION $
pension cost for 2003-04. 85,077.00
The administration hopes this gap sheet informs the Council on BID NUMBER THREE TOPOR DEMOLITION $
the current state of city finances. As always, I am available to 111,968.00
meet with the Council to discuss this document and any other BID NUMBER FOUR TOPOR DEMOLITION $
items relating to the city's financial outlook. 122,115.00
REFERRED TO THE COMMITTEE ON BUDGET 32 FUHRMANN BLVD. TOPOR DEMOLITION $
15,000.00
NO. 47 A COPY OF TIHE BID RESULTS ARE ATTACBED.
XSPAND-LIEN ANALYSIS SUMMARY REFERRED TO THE COMMITTEE ON FINANCE, THE
Considering you are on a tight time schedule, I have attached COMMISSIONER OF PERMITS AND INSPECTIONS, THE
a copy of what is to follow via regular mail. CORPORATION COUNSEL AND TOPOR DEMOLITION
As you can see XSPAND is willing to advance the City
$881,454-00 on its delinquent liens and properties. In addition, NO. 50
XSPAND would develop a detailed rehabilitation plan with the CERTIFICATE OF APPOINTMENT
City in an effort to return these properties back to the active tax Appointment Effective February 3, 2003 in the Department of
rolls. As Councilmernber Bonifacio stated at the, meeting Permit and Inspections Division of Building Code Review
yesterday, the worst case is for the City to sell the liens and Office to the Position of Chief Building Inspector, permanent
then the trust to auction the properties off and have nothing appointment
done with the problem properties. XSPAND's aim is to move At the MAXIMUM Starting Salary of $48,704.
the current pool of properties into the hands of people that are Peter Klemann, 154 Woodward Ave, Buffalo, NY 14214
willing and able to turn these properties around. REFERRED TO THE COMMITTEE ON CIVIL SERVICE
What Buffalo needs is a detailed plan specific to Buffalo's
needs and concerns. Buffalo does not need a cookie cutter FROM THE COMMISSIONER OF COMMUNITY SERVICES
plan that works in other places and then trying to fit Buffalo's NO. 51
needs into the plan. (XSPAND is currently developing a APPOINTMENT OF TWO COMMON COUNCIL
detailed plan in the City of Camden, New Jersey that will MEMBERS TO THE BUFFALO AND ERIE COUNTY
include the redevelopment, sale and purchase of properties WORKFORCE
that the City deems in the best interests of the City.) This will INVESTMENT BOARD
certainly not work to the best interests of the City. APRIL 2, 2002 COMMON COUNCIL RESOLUTION
There are some items you should also be mindful of. First, The Common Council's request that two of its members be
John Chisholm kept mentioning the work JER is doing in New appointed to the Buffalo and Erie County Workforce Investment
York City. XSPAND is a co-Servicer with JER on the New York Board was forwarded to and approved by Mayor Anthony
City deal, Second, with no offense intended, Buffalo is not New Masiello and Erie County Executive Joel Giambra, who jointly
York City. The property values are vastly different and the New make appointments to this Board.
York City Liens that are sold are current liens. The pool the City Letters appointing Mary H. Martino, South District
is looking to sell is substantially older and has a substantially Councilmember and Antoine M. Thompson, Masten District
higher lien to value ratio. Considering the values are different Councilmemberber have been prepared and are being
and the liens are older, this project will certainly be very circulated for signature by the Mayor and County Executive.
different I terms of collections. Third, the issue of priority is a RECEIVED AND FILED
valid question that came up yesterday. "while it is true that the
City has already been paid for the liens, the question then FROM THE COMMISSIONER OF HUMAN RESOURCES
becomes what happens to the residual note at tile end? If there NO. 52
is not enough money at the end of the life of the bonds to pay CERTIFICATE OF APPOINTMENT
the bonds off, the City will not see the residual note of 7 Appointment Effective: February 3, 2003 in the Department
million dollars. If the City does not see the residual, the City of Human Resources, Division of Civil Service Administration
will loose out on over $ 7 Million dollars. There is no guarantee to the Position of Exam Monitor II, Temporary, Non Competitive
of reaching the residual note due to the age and quality of the at the: Flat Starting Salary of $12.00/hr
liens. Fifth, the value of the properties in this pool is Barbara Duk, 62 Baitz Ave, Buffalo, NY 14206
substantially higher than the redemptive value of the liens. If the REFERRED TO THE COMMITTEE ON CIVIL SERVICE
City sells off the liens for $7 million, the City is loosing all the
upside it could achieve with a detailed plan of rehabilitation. FROM THE CITY CLERK
The City currently owns 894 properties in this pool and will NO. 53
loose the combined value of these properties on the open AUTO ALLOWANCE
market. I transmit herewith certificates of auto allowance submitted
I want to thank you for you time in this matter and for for the following individuals in the various departments listed
considering XSPAND, Inc. in this endeavor. If for some reason below:
it does not work out with the MBBA, XSPAND, Inc. stands Public Works-Thomas Duk
ready, willing and able to perform for the City of Buffalo. RECEIVED AND FILED.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 54
LIQUOR LICENSE APPLICATIONS
NO. 48 Attached hereto are communications from persons applying
MBBA TAX LIEN SALE TRANSACTION: BUFFALO for liquor licenses from the Erie County Alcohol Beverage
PORTFOLIO Control Board.
ESTIMATED SOURCES AND USES OF FUNDS SUMMARY Address Business Name Owner's Name
ATTACHED AVAILABLE FOR REVIEW IN The City Clerk’s 1077 e Ferry 1077 E Ferry Ms. Dean
Office RECEIVED AND FILED
Notes:
(1) Amounts of Collateral and estimated Bond proceeds are NO. 55
preliminary estimates based on data submitted by each LEAVES OF ABSENCE WITHOUT PAY
Municipality and utilizing assessed values as representative of I transmit herewith notifications received by me, reporting the
market values. granting of the leaves of absence without pay, in the various
(2) Reserve Funds released to Municipal Participants after departments as listed:
Trust bonds am retired. x Community Services- Arleen Filipski
(3) Underwriter and Financial Advisory fees will vary based on x Administration and Finance- John Scott Petch
total bond amount Issued RECEIVED AND FILED.
Brian Pilarski 15 Wasson Buffalo 14210
NO. 56 Rita Carluccio 67 Wescott Buffalo 14210
REPORTS OF ATTENDANCE Andrew Gollba 240 Davey Buffalo 14206
I transmit herewith communications received by me, from the Desiree Ortiz 167 Whitney Buffalo 14201
various boards, commissions, agencies and authorities Lynn Ann Parker 757 Smith Buffalo 14206
reporting the membership attendance at their respective Randy Parker 40 Seymour Buffalo 14210
meetings: Marion Green 36 Lyman Buffalo 14206
X Buffalo Sewer Authority Frances Gonzalez 7B Jasper Parrish Buffalo 14207
RECEIVED AND FILED Desmond Green 315 W. Delavan Buffalo 14213
Sarah Haas 11 Deer Buffalo 14207
NO. 57 Peter Botticelli 1768 Kenmore Buffalo 14216
NOTICES OF APPOINTMENTS - SEASONAL/FLAT Beverly Semenow 453 Amherst Buffalo 14207
I transmit herewith certificates received by me, reporting April Nicastro 252 Massachusetts Buffalo 14213
seasonal and flat salary appointments made in various Kevin Matthewson 47 Pavonia Buffalo 14207
departments. Bonnie Orffeo 448 Vermont 14213 Buffalo 14213
RECEIVED AND FILED. Angeline Cipolla 8 Hertel Apt 604 Buffalo 14207
Certificate of Appointment Certificate of Appointment
Appointment Effective February 3, 2003 in the Department Appointment Effective: February 11,2003 in the Department of
of Community Services Division of Contract Administration to Contract Administration Division of Community Services to the
the Position of Lifeguard SEASONAL Appointment Position of Supervisor TEMPORARY APPOINTMENT FLAT
NON-COMPETITIVE at the flat Starting Salary of $6.25 per Starting Salary of $6.50 per hour
hour Chiwon Sadler 647 Tonawanda Buffalo 14207
Elizabeth Honan, 32 Covington, Buffalo 14216 Certificate of Appointment
Sarah Van Alstine, 371 Villa, Buffalo 1416 Appointment Effective: in the Department of Division of to the
Donald Geary III, 122 Geary, Buffalo 14210 Position of February 3, 2003 Contract Administration
Irving Scrivens, 311 Cornwall, Buffalo 14215 Community Services Supervisor TEMPORARY
Certificate of Appointment APPOINTMENT FLAT Starting Salary of $6.50 per hour
Appointment Effective February 12, 2003 in the Department Jeffrey Bishop 39 Meech Buffalo 14208
of Public Works, Parks and Streets, Division of Streets to the Patricia Schultz 9 Heward Buffalo 14207
Position of Seasonal Laborer II, Seasonal Non-Competitive at Irma Cole 214 Heath Buffalo 14214
the Flat Starting Salary of $ 8. 15/hr Donald Hood 38 B Polish PI Buffalo 14210
Richard K. George, 212 Richmond Ave, Buffalo, NY 14222 Nicholas Heidinger 172 Alabama Buffalo 14204
Certificate of Appointment Caitlin Bogucki 15 Wasson Buffalo 14210
Appointment Effective February 6, 2003 in the Department of Carmela Trippi 26 Woodetter Buffalo 14207
Public Works, Parks and Streets, Division of Streets to the Lynn O'Neil 47 Herman Buffalo 14212
Position of Seasonal Laborer II, Seasonal, Non-CompetitiveLinda Marchese 614 Starin Buffalo 14216
at the Flat Starting Salary of $8.15/hr April Nicastro 252 Massachusetts Buffalo 14213
Dewitt M. Gates, 105 Guilford, Buffalo, NY 14212 Bernard Pryor 50 Jacktram Buffalo 14209
Patricia Ricapito, 171 Rebecca Park, Buffalo, NY 14207 Jodi Miller 167 Whitney Buffalo 14201
Brian Yost, 3 Tennessee Street, Buffalo, NY 14204 Michelle Nicpon 40 Seymour Buffalo 14210
Certificate of Appointment
NO. 58 Appointment Effective: February 17, 2003 in the Department
APPOINTMENTS - TEMPORARY, PROVISIONAL OR of: Police to the Position of Crossing Guard Permanent
PERMANENT Non-Competitive at the: Minimum Starting Salary of: $ 7.09
I transmit herewith Appointments in the various departments Phyllis Baran 174 Colvin Ave. Buffalo, NY 14216
made at the Minimum (Temporary, Provisional or Permanent) Maria Rivera 184 Myrtle Ave. Buffalo, NY 14204
and for Appointments at the Maximum (as per contract Anita Hansbrough 1389 E. Delavan Ave. Buffalo, NY 14215
requirements) . Deborah Wimberly 520 West Ave. Buffalo, NY 14213
REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Michelle Carter 370 Glenwood Ave. Buffalo, NY 14218
Certificate of Appointment Louise Alessandra 845 Richmond Ave. Buffalo, NY 14222
Appointment Effective February 6 2003 in the Department of Certificate of Apointment
Community Services Division of Contract Administration to the Appointment Effective: February 10, 2003 in the Department of
Position of Attendant, Temporary Appointment at the Flat Public Works, Parks & Streets Division of Water to the
Starting Salary of $6.00 per hour Position of Account Clerk Permanent Appointment at the
Amod Lackey, 212 Rodney, Buffalo 14214Starting Salary of $25,005.00
Certificate of Appointment Kenyetta Gray 52 Maryner Buffalo, New York 14201
Appointment Effective February 3, 2003 in the Department Certificate of Appointment
of Community Services, Division of Contract Administration to Appointment Effective: 02-12-2003 in the Department of Public
the Position of Attendant TEMPORARY APPOINTMENT Works, Prks,Streets Division of Recreation to the Position of
FLAT Starting Salary of.$6.00 per hour Community Recreation Aide TEMPORARY APPOINTMENT
Daniel Young 22 Philadlephia Buffalo 14207 MINIMUM Starting Salary of $27,245
Karen Klemowski 66 Wiley Buffalo 14207 Conrad Jeffrey 128 Harding Buffalo 14220
Joseph Zon 129 Military Buffalo 14207 Certificate of Appointment
Geraldine McCartney 69 Grote Buffalo 14219 Appointment Effective: February 10, 2003 in the Department of
Cathleen Lasky 91 Eaglewood Buffalo 14220 Public Works9 Parks & Streets Division of Buildings to the
Anthony Wagner 360 Abbott Buffalo 14220 Position of Laborer II Permanent Non-Competitive at the:
Eileen O'Rourk 39 Coronada Buffalo 14220 Minimum Starting Salary of: $11.70
Joan Fletcher 128 Trowbridge Buffalo 14220 Alexander Porter 151 Prospect Ave Buffalo NY 14201
Dimario Bell 205 Marine Dr. Apt 5H Buffalo 14202
Doristene Steele 146 Millicent Buffalo 14215 NON-OFFICIAL COMMUNICATIONS, PETITIONS AND
Kendell Burwell 90 Huntington #206 Buffalo14214 REMONSTRANCES
Rosie Woodfork 236 Bissell Buffalo 14211 NON-OFFICIAL COMMUNICATIONS
Benjamin Smith 211 W. Tupper Buffalo 14201 NO. 59
Christina Currie Bishop 39 Meech Buffalo 14208 BOARD OF ELECTIONS-COB WARD
Dionna McDuffie 132 Loring Buffalo, 14208 REAPPORTIONMENT 2004
Adrian Paisley 47 Gittere Buffalo 14211 Attached available for review in the City Clerk’s Office
Deborah Williams 132 Brunswick Buffalo 14208 REFERRED TO THE COMMITTEE ON LEGISLATION
Alonzo Barnes 511 Cambridge Buffalo 14215
Chiwan Sadler 547 Tonawanda Buffalo 14207 NO. 60
Stephen Kolano 636 Amherst Buffalo 14207 D. BONIFACIO-CHRIS DELPRINCE-CONCERNS
Storm Wright 174 Colvin Buffalo 14216 PROBLEMS DOWNTOWN CENTRAL BUS DISTRICT
Geoffrey Simonick 39 St. Stephens Buffalo 14210 Please file the attached correspondence from Mr. Chris
Karl Schultz 9 Heward Buffalo 14207 DelPrince of DelPrince Fashions Limited for the next regular
Matthew Zakraysek 60 Saratoga Buffalo 14207 Common Council meeting.
Lucy Tuzzollino 36 Commonwelath Buffalo 14216 If you have any questions or concerns, please do not hesitate
David Shamrock 86 Commonwealth Buffalo 14216 to contact me at 851-5125.
Philip McCarter 390 Northumberland Buffalo 14215 Thank you for your assistance with this matter.
Theresa Pugliese 584 Starin Buffalo 14216 Very Truly Yours,
Arlene Vincent 54 Beaumaris Buffalo 14207 Dear Council Members,
Mary Geraci 29 Elam Buffalo 14214 I am writing at this time to share with you a serious problem
Andrew Heidinger 172 Alabama Buffalo 14204 that has manifested in the Downtown Central Business Distriot,
Michael Scheu 177 Kentucky Buffalo 14204 This problem relates to the business
existence of viable retail
and the Neighborhoods, that surround the Central Business I'd be happy to talk this through with you if you are interested.
District, which are populated by residents with significant Just say the word.
buying power. The needs of these residents have been Debra
blatantly ignored in comparison to their suburban counterparts. REFERRED TO THE COMMITTEE ON LEGISLATION, THE
The Main Place Mall exist as the remaining "anchor" for the COMMISSIONER OF ADMINISTRATION AND FINANCE
retail trade in the Central Business District and The Main Place AND THE BUFFALO CIVIC AUTO RAMPS AND BUFFALO
Mall has not fulfilled the role of an urban retail "anchor" by PLACE
attempting to attract and retain businesses that meet the needs
of the inner-city, urban customers, NO. 63
The Main Place Mall has terminated or failed to renew the G. DAVIS COMMENTS 241 CEDAR
tenancies of viable businesses that sent urban customers, not I have reviewed the title report you forwarded in December,
because have wanted to leave, but because of 2002. In light of the fact that the mortgage holder received
businesses
notice of the In Rem proceeding, and chose to take no action,
unreasonable request from Main Place Mall
in my opinion operates as a waiver of their rights in the
The City of Buffalo is emphasizing a new Downtown housing
property. I also note that the mortgage holder never followed
strategy andtourism attraction strategy, which must be
a
through with the foreclosure action. I believe that we should
supported by retail entities,
make an effort to settle this matter and allow my client to deal
In the interest of our business and other retailers impacted by
with the mortgage holder if necessary.
their lack of responsibility, Violet Realty, owner of the Main
I have discussed this matter with my client and am offering to
Place Mall should strongly review their commitment to the City
settle this matter for the sum of $35,000.00. This would cover
of Buffalo. need to act responsibly in responding to the
They
the contents of the house, my client's expenses and the
demographic make-up of their urban environment, The
damages she suffered due to the City's failure to close this
management of Main Place Mall should be aggressively
transaction in a timely matter. The subsequent demolition of the
attracting new retailers and retaining existing retailers who can
property, without notice to my client and while the sale of the
service the needs of the urban shopper who in many cases
property was still pending only exacerbated the damages my
lack the transportation to shop at the suburban malls.
client suffered.
As you know, my company responds to the needs of the
The failure of this real estate transaction to close was due
community. As recognizably Inc. Magazine's "Top 100 Inner
solely to the procrastination of the City. Furthermore, the
City Business in America" for 2000, 2001 and 2002, and as
demolition of the property and the subsequent taking of the
last year's New York State Small Business Person of the
property through an in rem proceeding could be viewed as an
Year". I attribute my success directly to maintaining ties to the
attempt by the City, albeit a successful one, to obtain title to the
community. Unfortunately, it is obvious that Main Place Mall
property without performing its contractual responsibilities.
lacks the same concern or vision.
This is a firm offer and should be seriously considered. If this
We would greatly appreciate your support in this effort.
matter results in litigation the City's exposure would be
REFERRED TO THE COMMITTEE ON FINANCE, THE
considerably more than this settlement offer. We would
DIRECTOR OF STRATEGIC PLANNING, AND MAID MALL
appreciate a response to this offer within seven days of the
MANAGEMENT
date of this letter. I am always available to discuss this matter
at your convenience.
NO. 61
REFERRED TO THE COMMITTEE ON FINANCE
E. CROTTY-NYSDEC EXPL OF SIGNIFICANT DIFF BFLO
OUTER HARBOR RADIO TOWER AREA
NO. 64
Attached available for review in the City Clerk’s Office
R. FISHER- RENEWAL OF CABLE TELEVISION
REFERRED TO THE ENVIRONMENTAL MANAGEMENT
FRANCHISE AGREEMENT WITH WESTERN NEW YORK
COMMISSION
CABLEVISION, L.P., D/B/A ADELPHIA CABLE
COMMUNICATIONS
NO. 62
PURSUANT TO 47 U.S.C. § 546
B. DAVIS UPDATED COST/BENEFIT ESTIMATES-
Dear Sir or Madam:
DOWNTOWN ON STREET PKG PROGRAM
The current franchise agreement between the City of Buffalo
Please file the attached letter regarding the updated
("Buffalo") and Western New York Cablevision, L.P., d/b/a
cost/benefit estimates for the downtown on-street parking
Adelphia Cable Communications ("Adelphia") expires on
program for the upcoming Council Session to be held on
December 31, 2005. Pursuant to Section 626 of the 1984
Tuesday, February 18,2003.
Cable Act (47 U.S. Code 546), Adelphia hereby initiates
Should you require any further information, please feel free to
franchise renewal proceedings with the City. Section 626
contact my office at 851-4980. Thank you.
establishes specific guidelines for a franchising authority's
Here are the updated cost/ benefit estimates for the downtown
evaluation of an existing franchisee.
on-street parking program. This spreadsheet will print out three
The Cable Communications Policy Act of 1984 ("1984 Cable
pages, each a different scenario. The 1 st shows the effect of
Act") was enacted to establish a comprehensive, national policy
new meter price zones using only existing meters which would
for cable television. In doing so, it sets forth the definitive
be reallocated. ( We worked with Len, Carl, and Traffic
guidelines by which relations between cable operators and
Engineering to determine the priorities.) Annual parking meter
municipalities are to be governed. While this Act was amended
revenues to the City from the downtown district would increase
significantly in 1992 and 1996, the basic requirements of
from better use of meters due to better price zones, but the
franchise renewal remain the same.
increase is estimated to be only $100,000 for the 1 st year.
As the first step in the renewal process under this Section, the
The 2nd scenario assumes purchase of all 629 needed new
City, at the request of Adelphia, is required to commence
meters at an estimated cost of $246,570. This meter expense
proceedings to review the performance of Adelphia under the
would be recovered from increased meter revenues in less than
current franchise and to identify the future cable-related needs
six months. The first year net increase in downtown meter
and interests of the City. These proceedings must afford the
revenue would be $360,000. This will grow to $725,000 more
public in Buffalo appropriate notice and opportunity for
per year than current revenues in three years. Parking
participation. Please accept this letter as Adelphia's formal
Enforcement recommended that we assume a ramping up
request for the commencement for such proceedings.
period for some of the lower demand locations and we are
To follow each of the formal steps set out in Section 626 of the
capping our estimates at a very conservative $75% of possible
1984 Cable Act in all of their detail could be a time-consuming,
income. Total annual revenue from the downtown meters would
inflexible and expensive process for both parties, a process
be almost $2 million per year.
that seems unwarranted in view of the good relations we have
The 3rd scenario assumes purchase of only the 190 meters
enjoyed in the past. Fortunately, while Section 626 sets out
needed for the highest $1 per hour meter zone. Meter expense
formal renewal proceedings, it also encourages the operator
would be $75,000 and first year net revenue increase would be
and municipality to seek renewal on a parallel, but more
around $390,000. After three years this will grow to $538,000
informal, basis (See Section 626(h) . Given our history of
more than current meter income per year, about $200,000 per
smooth relations, it would seem that we in fact should be able
year less than implementing the full program.
to conclude a new agreement through informal negotiations
Our proposal, that we would like to discuss with Budget, Public
long before most of the formalities of Section 626 have been
Works and BCAR, would be to purchase 75% of the needed
initiated.
meters in the first year, and to split the cost three ways:
Adelphia is willing to work on a franchise renewal on an
$62,500 in the 2003-4 City Parking Enforcement Budget,
informal basis. But while we much prefer an informal
$62,500 in Public Works capital funds, and the remaining
negotiation, we do not waive our rights to the formal procedures
$62,500 to be borrowed from Buffalo Civic Auto Ramps and
and respectfully request the City begin implementation of these
repaid with meter revenues. Joe Giambra said he was
formal procedures consistent with the guidelines established by
comfortable in the $50 -75k range. We have mentioned this
the Cable Act. We further reserve the right to continue our
idea to some BCAR members, but would not officially approach
request for these procedures throughout the franchise renewal
them before knowing that administration and Finance thinks it’s
process. Even with these legal formalities, given our past
a good idea.
working relationship, we should be able to conclude our
I've asked Len if he could facilitate getting some meeting times
negotiations quickly and to everyone's satisfaction.
organized so we can move the project.
Should you have any questions on the 1984 Cable Act in I believe it's important for the good of the city, to get the
general or on Section 626 in particular, please contact Tom individuals who are working on the Main/LaSalle Development
Haywood, Area Manager for franchise renewals in New York. I started. I realize you cannot be everywhere, see and do
look forward to hearing from you. everything. That is why I'm writing this letter to remind you of
REFERRED TO THE SPECIAL COMMITTEE ON the Phase II Project.
TELECOMMUNICATIONS AND THE CORPORATION In closing, continue to stay encouraged and display strong
COUNSEL leadership in our fair city,
REFERRED TO THE COMMITTEE ON COMMUNITY
NO. 65 DEVELOPMENT AND THE DIRECTOR OF STRATEGIC
R. FONTANA-INVESTMENT PROGRAM PLANNING
Dear Mr. Michaux:
Please file the attached item with the Common Council for NO. 69
discussion at the February 18, 2003 meeting. B. GRANT-W. SHANNON-REQUEST NORFOLK AVENUE
Thank you for your attention to this matter. REMAIN IN UNIV DISTRICT
Sincerely, Please file the following item with the Buffalo Common
REFERRED TO THE COMMITTEE ON COMMUNITY Council for the next full council meeting to be held on Tuesday,
DEVELOPMENT AND THE DIRECTOR OF STRATEGIC February 18, 2003.
PLANNING I'm requesting that Norfolk Ave should remain in the University
District. This street should remain in the present district
NO. 66 Because it Is actually separated from the masten district be the
BUFFALO CABLE ACCESS TV ADVISORY BOARD new William Gaitay Parkway I pray and hope that you will take
MEMBERS this into Consideration.
As you know, the City of Buffalo has established a REFERRED TO THE COMMITTEE ON LEGISLATION
Community Access Television Advisory Board to provide
advice and guidance regarding the public access channel and NO. 70
City's municipal telecommunications center. The 7-member B. GRANT-AND M COPPOLA-CONCERNS DIRECT
panel includes four members appointed by the Common DEPOSIT OF PAYROLL
Council for 2-year terms, and three members appointed by the Please file the enclosed correspondence for Tuesday, February
Mayor for 3-year terms. On February 20, 2001 the Council 18, 2003 Common Council Meeting.
appointed the following four members to the Board: Thank you for your attention to this matter.
Herb Cadle I am writing to you not for your personal help, but to help this
Andres Garcia city and it's financial situation. Which in return could help us all.
Zeb Syed As an employee of this city for over a decade, I've inquired with
Scott Turner payroll and city accounting on several occasions, as to why the
All four members still meet the eligibility criteria for members, city doesn't allow direct deposit for it's thousands of employees.
and would like to continue serving on the Board. On their behalf I've been told that it's a political thing and has been asked about
I would respectfully request that all be reappointed for 2-year numerous times by other city workers and if it were offered it
terms. would be well received. Not only would it be well received, but it
REFERRED TO THE COMMITTEE ON LEGISLATION, THE would also save this city hundreds of thousands of dollars if not
CORPORATION COUNSEL AND THE DIRECTOR a million and /or more. Between the paper it's printed on and
OF COLLECTIONS the manpower needed at present time is very expensive, to
produce, supply and put out.
NO. 67 My question now to you is, do you think this is a viable source
B. GRANT-RED HELMENT VOLUNTEERS AUXILIARY of money cutting and savings that could help this financially
FIRE DEPT strapped City? And In return making it easier on us the
Please file the enclosed correspondence for Tuesday, taxpayers of this city. If this is a political roadblock and you, the
February 18, 2003 Common Council Meeting. politicians are the ones to address in getting this implemented
Thank you for your attention to this matter. or opening the proper doors to getting this implemented. Then I
I am writing this letter to inform the Council that the Buffalo ask you to inquire into the possibilities it could have and how it
Fire Department has an auxiliary. This. auxiliary is a corps of would impact our financial woes.
volunteer fire fighters that respond to third alarm fire calls. As a I thank you and hope that you do give this matter your
volunteer corps, we wanted the council members to know that immediate attention.
we exist. Thank you,
I would like to give the Council a short history of the corps. A City of Buffalo Employee, Resident And Taxpayer.
We started originally as Civil Defense in the early 50's. This REFERRED TO THE COMMITTEE ON FINANCE, THE
organization was implemented by our government for its COMMISSIONER OF ADMINISTRATION AND FINANCE,
importance in the case of an emergency. As a civil defense THE COMPTROLLER AND THE CORPOATION COUNSEL
auxiliary fire company, we have a long distinguished history in
this community. We are volunteers, but most of all citizens and NO. 71
we have a responsibility and a desire to keep our city safe. LOST OCCUPANTS & CITY TAX INCOME OF STATLER
REFERRED TO THE COMMITTEE ON FINANCE (SENECA?) TOWERS
We have recently (8-9 January 2003) surveyed the
NO. 68 occupancy directories & labels on office doors of all 18 floors of
B. GRANT-R. MULDROW-PHASE II PROJECT MAIN AND the Statler Towers building and documented the data in a Lotus
LASALLE 1-2-3 spreadsheet. Many offices on floors 1-7, including
Please file the enclosed correspondence for Tuesday, mezzanines, and 12-18 are vacant; and floors 8-11 are totally
February 18, 2003 Common Council Meeting. vacant. The total number of offices exceeded 160 before
Thank you for your attention to this matter. out-migration thought to be caused by refusal of the Statler's
I am writing to encourage you to please move forward on the management to renew leases-started in the last year or so.
Phase II Project at Main and LaSalle Streets. More than 500 professional and clerical personnel are
This very important project will contribute to the upswing of a estimated to have worked in the building. Most offices were
new image for Buffalo. There are many people who still ride legal or accounting firms, plus dentists and Buffalo Board of
through the William Price Parkway site in awe of what they see. Education Food Services (mezzanine), NY State Workers
Many visitors such as contractors, UPS, and pizza delivery Compensation Board (3d floor), Office of the Attorney General
people think they're in the suburbs when they come through (4th floor), and Erie County agencies (18th floor). Remaining
this development. I can imagine what the possibilities are for ground floor occupants include a cleaner, a deli, a law journal,
this area when development continues. a barber, a newsstand with food counter, and a "GO Pataki"
I am aware of the city's fiscal condition. The Phase 11 project office. The Buffalo Bills ticket office and Seneca Niagara Falls
can add an economic spinoff through shopping at the local employment office have moved on.
stores, transportation advantages, eating at local restaurants; I The City of Buffalo assessment of the building is $3.4 million.
for the most part, rarely frequented businesses on Main and This will be lost if the building is sold to the Seneca nation.
Bailey streets prior to moving on William Price Parkway. Other losses include downtown spending (including sales
Nevertheless, during our National Night Out picnic last year, taxes) for stores, restaurants, parking and public transit, etc. by
you were very enthusiastic about the Phase 11 Development, the hundreds of former Statler workers-many having been
and pledged through your leadership to see it through. Buffalo displaced to the suburbs or elsewhere, or gone out of
has had many a housing project throughout the city; however, business.
Buffalo doesn't have many upscale housing developments. It Any plans to allow a Seneca-owned gambling casino in the
makes a difference! That's why people ride through this Statler (or anywhere in Buffalo or Erie County) SHOULD BE
development during the day and throughout night. They may SCRAPPEDby a rational consensus of municipal, county, and
wonder what's next to come. It gives an exciting energy of state leadership.
anticipation. REFERRED TO THE MAYORS TASK FORCE ON CASINO
GAMING
A Responsiveness Summary will be prepared to describe the
NO. 72 State's answers or actions to address any remarks received
J. HALLIDAY- during the meeting or comment period. If the Department does
CITY OF BUFFALO WATER BOARD CONTRACT not receive any new or additional information during this period
RENEWAL or at the February 25 1h meeting that would change the Plan,
Dear Council President Pitts: then the selected remedy ("No Further Remedial Action") will
American Water Services would like to take this opportunity be documented by the State in a Record of Decision.
to make a presentation to city Council regarding the recent
RECEIVED AND FILED
breakdown in contract negotiations between the Water Board
and American Water Services. Contract negotiations were to
NO. 75
continue the operation, maintenance and management of the
L. MCCADE-COMMENTS CITY OWNED WATERFRONT
Buffalo water system. The Mayor pulled the plug on this
AREAS
process on February 7, 2003 and suggested that the city take
The League of Women Voters is a national non-partisan
back the operation of the water system. This step was made to
organization devoted to the encouragement of the informed and
allow the Erie County Water Authority opportunity to
another
active participation of citizens in their community and
provide an acceptable package to the City to merge both
government. The League of Women Voters of Buffalo/Niagara
systems and acquire the City's assets. If the desire of the city
has been studying the status of the City and County's
is to sell its assets to a third party, American Water Services
waterfront since the 1980's.
has already identified, in our original proposal, that we would be
Over time we have reviewed and studied multiple plans, none
interested in acquiring the water system. The price range
of which have come to fruition. In the fall of 1996 the League
identified by American was between $65 and $90 million, a
membership felt the need to have a position on the waterfront.
value that is significantly greater than has been put forward by
Our full position statement is attached.
Erie County Water Authority.
We were encouraged that something positive was going to
We look for-ward to meet with you at your earliest convenience.
happen in support of public access to the City-owned
RECEIVED AND FILED
waterfront areas when the Common Council in March 1997
adopted the position to reserve a 100 foot setback for public
NO. 73
access. This policy has never been implemented.
C. HANDLER-CONCERNS SALE OF 1733 NIAGARA ST
Presently there are a number of plans that have been put forth
URGENT
which would severely limit public access to the waterfront.
Dear Ladies and Gentlemen:
Therefore, we strongly urge the Legislation Committee to adopt
The Preservation Coalition of Erie County has learned of the
Resolution 9 15 0 CCP of January 21, 2003 to develop a City
potentially illegal sale of historic parkland located at 1733
ordinance which will provide for a 100 foot setback at the
Niagara Street, and supports the efforts of the Niagara
water's edge and a public access strip to allow access to the
Amherst Block Club to prevent this sale. We urge the Common
water's edge of any City of Buffalo or BLTRA*-owned
Council not approve this sale.
waterfront land.
The property at 1733 Niagara Street is the historic Porter
We strongly urge this Legislation Committee to support the
Square of the Village of Black Rock. In 1830, General Peter B.
approval of this resolution by the full Common Council.
Porter arranged for this parcel to be "dedicated or reserved for
The citizens of Buffalo need to have a "livable, walkable city"
public use" . It has been used for such public purposes, and it
which provides public access to our waterfront.
is then As you may be aware, New York
dedicated parkland.
*Buffalo Urban Renewal Agency
State has strict laws protecting the rights of the public against
Laura McDade, President
municipalities casually transferring use of dedicated parkland
League of Women Voters of
for other purposes. Residents of the Village of Hamburg
Buffalo Niagara
recently won just such a case in State Supreme Court.
REFERRED TO THE COMMITTEE ON LEGISLATION
Porter Square, even though overgrown, retains its historical
significance because it is associated with General Peter B.
NO. 76
Porter, reflects historic patterns of land use, and retains its
NANCY A. NAPLES-
setting overlooking the Black Rock Channel, Squaw Island, the
MEETING OF THE REGIONAL GOVERNANCE
Niagara River, and Canada. General Porter remains a
COMMITTEE
significant figure in local, state, and national history.
WEDNESDAY, FEBRUARY 5, 2003
The neighbors in Black Rock and the people of Buffalo
Dear Councilmember Thompson:
generally deserve and are entitled to a fair hearing and other
Please be advised that I am not able to attend the scheduled
legal process in this matter. Once again, we request that sale
February 5, 2003 meeting of the Common Council's Committee
of this land not be approved.
on Regional Governance. While I am very interested in
Sincerely,
discussing my concept to consolidate functions of the City and
Charles i. Hendler
County Comptrollers' offices, I am currently preparing a
Administrative Director
detailed proposal for your consideration at a later date.
REFERRED TO THE COMMITTEE ON FINANCE
If you have any questions at this time, please feel free to
contact Deputy Comptroller, John S. Rizzo, at 858-8430.
NO. 74
RECEIVED AND FILED
NEW YORK, STATE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION
NO. 77
MEETING NOTICE
J. ONEIL-COMMENTS-CITY OWNED WATERFRONT
The New York State Department of Environmental
AREA
Conservation (NYSDEC), in cooperation with the New York
The Friends of the Buffalo Niagara Rivers applaud the
State Department of Health (NYSDOH) and the City of Buffalo,
Council's efforts
would like to tell you about the final results of the investigation
Buffalo to clarify the City's policy commitment to improved
and interim remedial measures conducted at -Trinidad Park, at
public access to the City's waterfront resources. The proposed
237 Kensington Avenue (See attached Fact Sheet for details).
resolution makes considerable Niagara progress towards
Because the completed interim remedial measures have
that goal by reserving an area 100 feet in width, measured from
addressed the environmental and human health impacts,
the mean water line, for public access as a condition of the sale
further actions are not necessary. As a result, the NYSDEC
or lease of any City or BURA-owned waterfront land. We fully
has prepared a Proposed Remedial Action Plan which
Rivers support its adoption.
concludes that "No Further Remedial Action" is required.
To further strengthen this effort, the Friends would strongly
You are invited to a Public Meeting at which: results of the site
encourage the City to limit the transfer of any City owned
investigations will be presented; remedial actions taken at the
waterfront property interests to leases to water dependent or
site will be reviewed; and, the "No Further Remedial Action"
water enhanced uses.
Plan will be presented and your comments sought on the Plan.
The leasing limitation would ensure that waterfront property is
The Public Meeting will be held:
held in
DATE AND TIME:
public control for the long term. If sold in fee to private
Tuesday February 25, 2003 at 6:00 PM
interests, the
PLACE:
City's regulation of activities on the sites would be limited to
Kensington Branch Library 22 Westminster (at Bailey)
traditional land use controls such as zoning. Leasing allows the
Buffalo, NY
City to
Public comments on the Proposed Remedial Action Plan are
accommodate appropriate waterfront activities, limit the
welcomed during this meeting, as well as any written
geographic
comments received by Thursday, March 27, 2003. Any
Margaret Shannon scope of the lease, and periodically revisit
comments received will be carefully considered before the final
the on-site activities to ensure maximize the public benefit, both
selection of a remedial action plan is made for this site. Written
in income and use, of a waterfront location.
comments should be directed to:
To maximize the public benefits of City owned waterfront
Mr. David Locey, Project Manager NYSDEC
property
270 Michigan Avenue Buffalo, N.Y. 14203
leases should also be limited to water-dependent and hoped discussion wouldn't degenerate into a debate, and noted
water-enhanced that the Buffalo News may have misreported Ms. Naples'
uses. Only water-dependent and water-enhanced uses are able position.
to Mr. Passafiume noted that the issue of City-County cooperation
capitalize upon the externalities created by a waterfront in investments had been developed with input from Mr. San
location, turning scenic views and recreation value into real Fillippo in the No Handout, No Bailout document, and that that
economic benefits for the City. Uses outside of these was his focus as County Budget Director. Mr. San Fillippo
categories derive no economic benefits from their proximity to responded that joint investments were not necessarily of benefit
the City's lakes or rivers. To lease to these uses would be to to the City, but would be more helpful to smaller municipalities
waste the benefits associated with a waterfront location. in the county. Mr. Passafiume stated that sharing some of the
Thank you again for the opportunity to comment on the tasks involved with investments, such as tracking collateral,
proposed might be done more efficiently if done for both the City and
legislative amendment. We commend the Council's attention County by the same person.
and Councilmember Thompson summarized a series of requests of
actions on this topic and look forward to continuing progress the County officials:
towards achieving the City's waterfront public access, That Mr. Rizzo work cooperatively and collaboratively with
economic development and conservation goals. Comptroller San Filippo in preparing his report, and that the
REFERRED TO THE COMMITTEE ON LEGISLATION report include:
* Specifics on any possible cash savings
NO. 78 * Identification of any legal impediments
M. SCHMAND- DOWNTOWN PRESERVATION #111 C.C. P. + The time frame under which any intermunicipal agreements
FEBRUARY 4, 2003 could be implemented
Thank you for referring this item to Buffalo Place Inc. We * The feasibility of the City Comptroller taking over the County
have closely followed the downtown parking, access, and office or any combined functions that might result in cost
preservation environment including five parking/access studies savings or better service
and the evolution of the 2002 Strategic Plan. In addition Mr. Thompson asked Mr. Passafiume to bring back
Downtown Buffalo
a written statement of the County Executive's current position
We would appreciate the opportunity to share our
on sharing the 8th penny and/or the proposed 91h penny of the
understanding of this subject with the Common Council's
sales tax with the City of Buffalo.
Legislation Committee at the next meeting.
Items 24 through 29 were tabled and the meeting was
While we agree with the need to retain historic buildings and
adjourned.
the urban quality of downtown, we also appreciate the delicate
RECEIVED AND FILED
balance of parking availability and price needed to secure and
retain downtown tenants. Unfortunately, tenants unhappy about
NO. 80
parking availability and price often vote with their feet and leave
A. THOMPSON-CASINO ISSUE
downtown. Downtown building owners, realtors, and area
I am writing to respectfully request that you file the following
economic development officials can inform the Council of their
item(s) with the Council for discussion at the next meeting
experience with this problem.
dated February 18, 2003,
Retaining downtown employment is a significant City of Buffalo
If you have any questions, please do not hesitate to contact me
issue as the approximately 50,000 jobs downtown make up
directly at (716) 85 1 -5145.
almost 40% of the jobs located in the City of Buffalo. The
I am writing to summarize my remarks presented at Monday's
demand for parking has actually increased in recent years as
(November 4, 2002) public hearing, regarding proposed casino
downtown employment has also increased. Recent parking
gambling in Buffalo.
studies indicated that, while there was an overall surplus of
Although I am a suburban resident, I feel very strongly that the
parking spaces in the downtown area, there is a current and
downtown area must remain strong economically and politically
projected deficit in core areas where most office employment is
in order for the suburbs to maintain their successful status. For
located. We are currently updating downtown parking
this reason, I take great interest in proposals and decisions that
availability, and will be prepared to share our recent calculation
have the potential to impact the city and its surroundings.
with the Legislation Committee.
Currently, the proposal to bring casino gambling to Buffalo is
Buffalo Place has been working with downtown parking and
among the most controversial of such regional issues. As a
access providers over the last few years on implementing the
member of Citizens Against Casino Gambling in Erie County
recommendation of the Buffalo 2002
Destination Downtown
(CACGEC), I feel very strongly that such a project would not be
access study. These recommendations will also be endorsed in
economically or socially beneficial to our region, despite its
the final Buffalo 2002 Strategic Both of these
Downtown Plan.
proven success in other areas. CACGEC has presented a
reports contain a number of City policies that support access
number of reasons for its opposition to the proposal, including
improvements needed to retain downtown tenancies and our
increases in governmental costs, poverty, and gambling
historic building stock. If the Council is interested, we would
addictions.
appreciate the opportunity to present these findings.
Personally, my primary concerns are the possible "saturation
REFERRED TO THE COMMITTEE ON LEGISLATION
effect" that would affect any Buffalo casino, and the excessive
investment of city funds in this single project. "Saturation," in
NO. 79
this case, refers to the fact that the existence of such casinos
A. THOMPSON-
as Turning Stone and Casino Niagara within a relatively short
REGIONAL GOVERNANCE COMMITTEE MINUTES 2/5/03
distance from Buffalo greatly reduces the chance of creating a
Please file the attached notes from the February 5, 2003,
new successful market in Buffalo. As our organization points
meeting of the Regional Governance Committee.
out, we do not necessarily oppose a casino in Niagara Falls,
Minutes for the Buffalo Common Council
NY, since the area's tourist appeal provides a stronger
Regional Government Committee 2/5/03 meeting
foundation for casino success. Buffalo, however, does not
Present: CM Antoine M. Thompson, Chair, CM LoTempio, CM
share this natural tourist trade, and would prove a weak market
Fisher, CM Martino, CM Gray, CM Davis, CM Grant, John
for such a project. My second concern is that Buffalo too
Rizzo, Erie County Deputy Comptroller, Joseph Passafiume,
frequently puts large amounts of money into projects that are
EC Budget Director, Michael Drennan AFSCME 650, Kevin
grand in scope, yet do not show a success level worthy of the
Keane, Ass't Corporation Counsel, Darryl McPherson, Ass't
investment. These include the Convention Center, Metro Rail,
Corporation Counsel, Michael Sawicki, Comptroller's panel,
and the ongoing effort to create a trans-border bridge.
Andy San Filippo, Acting Comptroller, Tony Farina,
I am all for "vision," and by no means believe that Buffalo needs
Comptroller's office, Jeffrey Tooke, Comptroller's office
to accept second-class status as a city. I do, however, feel that
Items I through 23 were tabled and a discussion ensued
we need to be more realistic about what is likely to be
regarding the proposal for the County Comptroller's office to
successful in Buffalo. Currently, our money might best be
take over the duties or functions of the City Comptroller's office
invested in expanding and interconnecting such projects as the
(items 24, 25 and 26).
Theater District, Albright Knox Art Gallery, the Philharmonic.
Mr. San Filippo started the discussion by reiterating the
our Various festivals, and our architectural heritage.
concerns he had raised in item 25. In this item he noted the
Incorporating a variety of retail or other business ventures
impact that discussing a takeover might have on transactions
would then be much more likely, rather than pinning our hopes
(such as bond sales) the City had entered into, as well as
on a costly project with narrow appeal.
transaction the City might negotiate in the future. He also noted
Finally, I am enclosing additional correspondence relative to
that he hadn't received any written information, and hadn't been
this issue, as you requested at the hearing. Included are a letter
contacted by Comptroller Naples since early January. He
written to my assemblyman, Richard Smith (cc: Governor
expressed that ongoing communication is essential to the
Pataki) and an unpublished letter submitted to the
feasibility and success of any proposals.
REFERRED TO THE MAYORS TASK FORCE ON CASINO
Mrs. LoTemplo noted that the Buffalo News had reported that
GAMING
Ms. Naples had cooled to the idea of a takeover and asked if
she was now once again in favor of the idea.
NO. 81
Mr. Rizzo noted that he was attending for Comptroller Naples
A. THOMPSON
and that he was developing the proposal for her office. He
CONCENTRATED CODE ENFORCEMENT PROJECT NO. 2 Further, as we approach spring, the city
HAMLIN PARK will again need to put its best foot forward to assure Wall Street
I am writing to respecfully request that you file the following and the credit community we have our act together when the
item(s) with the Council for discussion at the next meeting short term revenue borrowing is done. Last year we borrowed
dated February 18, 2003. $120 million and this year under a hundred million. Given the
if you have any questions, please do not hesitate to contact me events of last winter, do we dare risk going to Wall Street
directly at (716) 851 -5145. without first discussing whether a deputy acting in the position
would receive the same response as someone working with the
REFERRED TO THE COMMITTEE ON COMMUNITY
full faith and appointment of the Council? Should we continue
DEVELOPMENT
to need the city's Budget Office carry on its own effort to
monitor the work of the Comptroller's Office, including doing its
NO. 82
own cash flow analysis? Do we leave this vital office on hold
EMPIRE ZONE
while we search for options for reform and reorganization in all
I am writing to respectfully request that you file the following
other offices of city government?
item(s) with the Council for discussion at the next meeting
Making an appointment to this office is a
dated February 18, 2003.
serious matter. I recognize the concerns of city legislators and
If you have any questions, please do not hesitate to contact me
the mayor in bringing this topic up now. In discussions over the
directly at (716) 85 1 -5145. Item on file in City Clerk’s Office
last two months, I have shared with many of you views of
RECEIVED AND FILED.
reform in the office of comptroller. I welcome the chance to sit
with each of you. I offer reorganization of the office, cooperation
with the office and the chance to bring back the vital oversight
NO. 83
functions of the office on the behalf of the citizens.
FINDING FUNDING FOR THE MASTEN CAO
In my work on the Board of Education, I
I am writing to respectfully request that you file the following
offer years of experience with the largest segment of the cash
item(s) with the Council for discussion at the next meeting
managed by the Comptroller. The Board represents two thirds
dated February 18, 2003
.
of the dollars flowing to and through the Comptroller's offices. I
If you have any questions, please do not hesitate to contact me
respectfully submit my resume of involvement as a Board
directly at (716) 851-5145. Item on file in Clerk’s Office.
member in those affairs, including nearly seven years as chair
REFERRED TO THE COMMITTEE ON COMMUNITY
of our budget and finance committee. Prior to my joining the
DEVELOPMENT AND THE DIRECTOR OF STRATEGIC
Board in 1992, there was no budget committee reviewing and
PLANNING
working with administrations on these issues. At my initiative in
July of 1992 we created the committee and I have served as its
NO. 84
chair every year I have been on the Board since. My familiarity
NORTH JEFFERSON LIBRARY
with our budget led to my participation in meetings with Board
I am writing to respectfully request that you file the following
staff during the private banker's review of the State
item(s) with the Council for discussion at the next meeting
Comptroller's report last winter.
dated February 18, 2003.
I have managed in government, as well.
If you have any questions, please do not hesitate to contact me
My career in the Department of Social Services has given me
directly at (716) 851-5145.
broad experience in management. Last spring, I competed for
Item on file in Clerk’s Office.
Commissioner of the Schenectady County Department of
REFERRED TO THE COMMITTEE ON COMMUNITY
Social Services, finishing second in a competition to manage a
DEVELOPMENT.
250 employee department responsible for administration of
many, many programs and hundreds of millions of dollars.
NO. 85
My education includes a master's degree
REQUEST FOR INFORMATION STANDARD
in management, a certificate in management and multiple
SPECIFICATIONS-EQUAL EMPLOYMENT
graduate level course hours in areas of skill required in the
OPPORTUNITY SECTION
Comptroller's Office.
I am writing to respectfully request that you file the following
And I am not wed to politics or political
item(s) with the Council for discussion at the next meeting
office. I have never held a patronage office or appointment. I
dated February 18, 2003.
returned to the Board of Education in 1999, after a four year
If you have any questions, please do not hesitate to contact me
absence, because I believe public service matters. Public
directly at (716) 85 1 -5145.
service calls upon us and I respect the sacrifice and effort of
Item on file in Clerk’s Office.
elected officials in serving in government. My county
Attached per your request is the standard specification
government position is in the civil service class and I am
section pertaining to equal employment opportunity.
allowed to take a leave to serve you. I have resigned county
Paul Gareis, P.E.
service three times during my career and been accepted back
Principal Engineer
on the merits of my service. On this basis, I will aggressively
REFERRED TO THE MINORITY BUSINESS
review the proposition of reorganizing the office of Comptroller.
ENTERPRISES SPECIAL COMMITTEE.
This would include serious pursuit of the open discussions with
the county comptroller. I would have nothing to gain or lose in
NO. 86
such an exploration. And the discussion deserves serious
THE ROCHESTER POLICE DEPARTMENT PAC-TAC
effort when I note the city charter lists the comptroller, by title,
MANUAL
over 200 times in describing the office responsibilities in city
I am writing to respectfully request that you file the following
government.
item(s) with the Council for discussion at the next meeting
As part of my request, I ask you
dated February 18, 2003.
permanently cut the salary of Comptroller by 10% and remove
If you have any questions, please do not hesitate to contact me
provision of the automobile from the budget. I believe sacrifice
directly at (716) 85 15145.
is part of the theme I must carry forward in examining the
REFERRED TO THE SPECIAL COMMITTEE ON POLICE
issues of importance to this city and our economics in city
REORGANIZATION.
government, as I have in my Board service. If you provide
parking for the Comptroller, I will offer the space for monthly
NO. 87
award of "employee of the month" competition for city
REQUEST APPT.-CITY COMPTROLLER
employees.
I ask for your vote to appointment to the
In raising my request now, I note the time
vacant post of City Comptroller.
needed for any appointed person to take hold in the office, gain
The departure of the incumbent
the necessary supportive deputies and the confidence of the
comptroller has left this city with an acting official in the office.
citizens and staff of the city prior to our spring borrowing. Your
When the incumbent left office, he said he did not see the
action on this request sometime during the month of March
political will in the Common Council to make an appointment to
would give me the time to put the affairs of the office in order
this position. Frankly, I cannot see why the Council would not
and give me the confidence we can achieve the best outcome
make an appointment to this critical position. I believe you do
for the city in its financial offerings for May.
have the will and the wisdom to make an appointment. The
Imagine having a partner whose office
appointment of a Comptroller is a new opportunity for the
has the ability to conduct the audits necessary to show we are
Council to show its leadership at a time when the financial
protecting and wisely using city tax dollars. The audit division of
markets are closely monitoring our city.
the Comptroller's staff has nineteen titles in its budget but we
Since November I have discussed with
are told only one person able to perform audits. Imagine having
many of you why the city needs to have full confidence in the
a partner helping you evaluate the prospective combining of the
office of Comptroller. At a time when Buffalo remains on credit
city and county water authorities. Imagine having a partner
'watch' lists, it makes sense to have the trustees, acting for the
capable of examining the value of proposed leases of the city,
public, fill the position so there can be a complete level of
such as the Marine Drive complex. Imagine a partner in the
confidence on Wall Street when we are reviewed for borrowing,
Comptroller's office whose numbers were clear, concise and
credit worthiness and our budget actions are under scrutiny.
shared with all branches of city government, at the appropriate
times. I would like the opportunity to give you these options and
tools for your difficult work. NO. 97
I thank you for your consideration and NOTICES OF APPT.-TEMP./PROV./PERM. (C. CLK.)
look forward to opportunity to present myself to you. (CCP#33-FEB. 4, 03)
REFERRED TO THE COMMITTEE ON LEGISLATION. That the above item be and the same hereby is received and
filed.
REGULAR COMMITTEES ADOPTED
CIVIL SERVICE
(MARC A. COPPOLA, CHAIRPERSON) FINANCE
(BETTY JEAN GRANT, CHAIRPERSON)
NO. 88
APPOINTMENT NO. 98
SR. AUDITOR (TEMP.) (INTER) (COMPT) INCREASING MUNICIPAL REVENUES (XSPAND)
(ITEM NO. 4-C.C.P. FEB. 4, 2003) (ITEM NO. 85, C.C.P., DEC. 26, 2002)
That Communication 4, Feb. 4, 2003 be received (ITEM NO. 67, C.C.P., JAN. 7, 2003)
and filed and the temporary appointment of James Messina That the above item be, and the same hereby is,
stated above at the intermediate salary of $38,385 effective on returned to the Common Council without recommendation.
January 10, 2003 is hereby approved. Mrs. Grant moved that the above item be recommitted to the
PASSED Committee on Finance.
AYES-13. NOES-0 ADOPTED.
NO. 89 NO. 99
APPOINTMENT B. GRAY-COMMENTS-MARK HAMISTER
ENGINEERING INSPECTOR (INTER) (PW) (CCP#38-FEB. 4, 03)
(ITEM NO. 9-C.C.P. FEB. 4, 2003) That the above item be and the same hereby is received and
That Communication 9, Feb. 4, 2003 be received filed.
and filed and the permanent appointment of Jeffery A. Zirnheld ADOPTED
stated above at the intermediate salary of $37,848 effective on
January 28, 2003 is hereby approved. NO. 100
PASSED RESULTS OF BID
AYES-13. NOES-0. AUD LOT NO. 1, 2 AND 3
(ITEM NO. 2, C.C.P., FEB. 4, 2003)
NO. 90 That the above item be and the same hereby is received and
APPOINTMENT filed.
CELLBLOCK ATTENDANT (MAX) (POL.) ADOPTED.
(ITEM NO. 11 -C.C.P. FEB. 4, 2003)
That Communication 11, Feb. 4, 2003 be received
and filed and the temporary appointment of John S. Petch
stated above at the maximum salary of $29,604 effective on NO. 101
January 27, 2003 is hereby approved. RESULTS NEG.-93 MAPLE (#8, 11/12) (STRAT. PLAN.)
PASSED (CCP474-FEB. 4, 03)
AYES-13. NOES-0. That the above item be and the same hereby is received and
filed.
NO. 91 ADOPTED
APPT.-BATTALION CHIEF (MAX) (FIRE)
(CCP#13-FEB. 4, 03) NO. 102
That the above item be and the same hereby is received and 1936 NIAGARA STREET - JUBILEE CENTER
filed. (ITEM NO. 8, C.C.P., FEB. 4, 2003)
ADOPTED That the above item be, and the same hereby is,
returned to the Common Council without recommendation.
NO. 92 Mrs. Grant moved:
APPT.-FIRE CAPTAIN (MAX) (FIRE) That the above mentioned item be and the same is hereby
(CCP# 14-FEB. 4, 03) received and filed.
That the above item be and the same hereby is received and ADOPTED.
filed.
ADOPTED NO. 103
ANNUAL RPT.-2002 (CIT. SVS.)
NO. 93 (CCP# 1 -FEB. 4, 03)
APPT.-FIRE LIEUTENANT (PERM.) (MAX) (FIRE) That the above item be and the same hereby is received and
(CCP#15-FEB. 4,03) filed.
That the above item be and the same hereby is received and ADOPTED
filed.
ADOPTED NO. 104
M. POLONCARZ-CONCERN FEES-GOLF COURSES IN
NO. 94 BFLO.
APPTS.-FIRE LIEUTENANTS (PERM. CONT.) (MAX) (FIRE) (CCP#43-FEB. 4, 03)
(CCP# 16-FEB. 4, 03) That the above item be and the same hereby is referred to the
That the above item be and the same hereby is received and Special Committee on Budget.
filed. ADOPTED
ADOPTED
NO. 95 Legislation
APPOINTMENT (Richard A. Fontana, Chairman)
LIC. INSP. (INTER) (PERMITS/INSP.)
(ITEM NO. 22-C.C.P. FEB. 4, 2003) No. 105
That Communication 22, Feb. 4, 2003 be received Ordinance Amendment - Chapter 511 - Zoning (Special
and filed and the provisional appointment of Ronald Deschenes development)
stated above at the intermediate salary of $34,893 effective on (Item No. 163, C.C.P., Jan. 21, 2003)
January 27, 2003 is hereby approved. (Item No. 85, C.C.P., Feb. 4, 2003)
PASSED That the above item be, and the same hereby is, returned to
AYES-13. NOES-0. the Common Council without recommendation.
Mr. Fontana Moved:
NO. 96 That the Ordinance Amendment as contained in Item No. 163,
APPOINTMENT C.C.P., January 21, 2003, be and the same hereby is
TYPIST (PERM) (MAX) (PERMITS/INSP.) approved.
(ITEM NO. 23-C.C.P. FEB. 4, 2003) Passed.
That Communication 23, Feb. 4, 2003 be received AYES - 13 - NOES - 0
and filed and the permanent appointment of Judy Doyle stated
above at the maximum salary of $26,505 effective on January No. 106
27, 2003 is hereby approved. Ordinance Amendment - Chapter 216 - Garbage, Rubbish
PASSED and Refuse
AYES-13. NOES-0. (Item No. 106, C.C.P., Feb. 4, 2003)
That the Ordinance Amendment as contained in Item No. That the above item be and the same hereby is received and
106, C.C.P., February 4, 2003, be and the same hereby is filed.
approved. ADOPTED
Passed.
AYES - 13 - NOES - 0 No. 119
NFTA's North Bflo. Rail Corridor
No. 107 (CCP#170-Nov. 26,02)
A. Thompson-Common Council Reapportionment Map That the above item be and the same hereby is received and
(CCP#5 6-Feb. 4, 03) filed.
Mr. Fontana moved that the above item be recommitted to the ADOPTED
Committee on Legislation.
ADOPTED. No. 120
Set U.S. Postal Stamp Date as Payment Date for User Fee
No. 108 and Water Bill Payments
A. Thompson-Reapportionment-Var. Items (Item No. 147, C.C.P., Jan. 21, 2003)
(CCP#57-Feb. 4, 03) That this Common Council requests the Corporation Counsel
Mr. Fontana moved that the above item be recommitted to the to file an ordinance amendment that will set the U.S. Post
Committee on Legislation. Office stamp date as the payment date for mailed in solid waste
ADOPTED. user fee payment.
Adopted
No. 109
Butler Avenue-Change Direction of Traffic Community Development
(CCP#99-Jan. 7, 03) (Antoine M. Thompson, Chairman)
That the above item be and the same hereby is received and
filed. No. 121
ADOPTED Update on Fed. Investments in Bflo's Waterfront Projects
(BERC)
No. 110 (CCP#28-Feb. 4, 03)
A. Thompson-Butler Avenue-Change Direction of Traffic Mr. Thompson moved that the above item be recommitted to
(PW) the Committee on Community Development.
(CCP#28-Jan. 21, 03) ADOPTED
That the above item be and the same hereby is received and
filed. No. 122
ADOPTED P. Cromwell-M. H. Yatching, Inc. "Grog"
(CCP#60-Nov. 26, 02)
No. 111 That the above item be and the same hereby is received and
Reported Asthma Prob. At Perry Projects (BMHA) filed.
(CCP#47-Dec. 10, 02) ADOPTED
That the above item be and the same hereby is received and
filed. No. 123
ADOPTED B. Davis-Waterfront Adv. Council-Supp. Lira Group as
Dev.-Crawdaddy's Site
No. 112 (CCP#78-July 23, 02)
M. Desiderio-Co. Erie-Asthma Incidence at Perry Projects That the above item be and the same hereby is received and
(CCP#58-Dec. 10, 02) filed.
That the above item be and the same hereby is received and ADOPTED
filed.
ADOPTED No. 124
A. Thompson-M. Cumming-Oppose Casino Gambling
No. 113 (CCP#74-Nov. 26, 02)
L. Ness, Asthma Coalition of WNY-Perry Projects That the above item be and the same hereby is referred to the
(CCP#41-Feb. 4, 03) Mayor’s Task Force on Casino Gaming
That the above item be and the same hereby is received and ADOPTED
filed.
ADOPTED No. 125
B. Grant-Casino Gambling Hearing- 12/12/02
No. 114 (CCP#74-Dec. 26,02)
R. Bavisotto-NFTA Bus Stop/Shelter-New Tops on That the above item be and the same hereby is referred to the
Niagara St. Mayor’s Task Force on Casino Gaming
(CCP#69-Dec. 26,02) ADOPTED
That the above item be and the same hereby is received and
filed. No. 126
ADOPTED A. Thompson-Anti-Casino Letters-J. Christiano
(CCP#47-Feb. 4, 03)
No. 115 That the above item be and the same hereby is referred to the
L. Meckler-NFTA-Req Bus Stop/Shelter New Tops on Mayor’s Task Force on Casino Gaming
Niagara St. ADOPTED
(CCP#53-Jan. 21, 03)
That the above item be and the same hereby is received and NO. 127
filed. A. Thompson-Anti-Casino Letters-C. Dennis
ADOPTED (CCP#48-Feb. 4, 03)
That the above item be and the same hereby is referred to the
No. 116 Mayor’s Task Force on Casino Gaming
L. Meckler-NFTA-Bus Stop/Shelter-Tops Supermarket ADOPTED
-Niagara St.
(CCP#40-Feb. 4, 03) NO. 128
That the above item be and the same hereby is received and A. Thompson-Anti-Casino Letters-J. Haremza
filed. (CCP#49-Feb. 4, 03)
ADOPTED That the above item be and the same hereby is referred to the
Mayor’s Task Force on Casino Gaming
No. 117 ADOPTED
L. Meckler-NFTA-Maint./Security Plans-Prop. Adj. St.
Lawrence/Taunton No. 129
(CCP#39-Feb. 4, 03) A. Thompson-Anti-Casino, Letters-R. Heffern
That the above item be and the same hereby is received and (CCP#50-Feb. 4, 03)
filed. That the above item be and the same hereby is referred to the
ADOPTED Mayor’s Task Force on Casino Gaming
ADOPTED
No. 118
Vehicular Accidents at Intersct. Of E. Ferry St./Humboldt No. 130
Pkwy. (#138, 2/5) A. Thompson-S. Carrubba-Oppose Casino
(CCP#130-June 25, 02) (CCP#52-Feb. 4, 03)
That the above item be and the same hereby is referred to the That the Connecticut Street Push Cart Vending Pilot Project
Mayor’s Task Force on Casino Gaming shall begin on May 1, 2003 and shall conclude on October 1,
ADOPTED 2003, at which time the City may determine to continue the
Pilot Project under existing conditions, make modifications to
No. 131 the Pilot Project, make permanent the Pilot Project, or cease
A. Thompson-T. Battle-Comments-MLK Park the Pilot Project in its entirety;
(CCP#5 I -Feb. 4, 03) Be It Finally Resolved:
That the above item be and the same hereby is received and That the City of Buffalo reserves the right to suspend or cease
filed. this Pilot Project prior to the scheduled conclusion as it may
ADOPTED see fit.
PASSED.
No. 132 AYES-13. NOES-0.
Ashbury Delaware Methodist Church-Righteous Babe as
Dev. NO. 137
(# 17, 1/22) (CP) (CCP#148-Nov. 26,02) By: Mr. Coppola
That the above item be and the same hereby is received and APPOINT COMMISSIONER OF ASSESSMENT
filed. Whereas: One of the most important functions of government
ADOPTED is to provide for the delivery of services to its citizens, and
Whereas: In order to provide for the delivery of such services,
SPECIAL COMMITTEES it is necessary for the City of Buffalo to levy a property tax upon
MINORITY BUSINESS ENTERPRISE COMMITTEE the property owners in the City, and
(CHARLEY H. FISHER III, CHAIRMAN) Whereas: The awesome responsibility of assessing and taxing
property owners should not be taken lightly by the City of
NO. 133 Buffalo, or its governors, and
T. BURKE-CONCERN UNION/APPRENTICE PART. IN COB Whereas: The position of City of Buffalo Commissioner of
PROJ. (STRAT PI) Assessment & Taxation has been vacant since December,
(CCP# 11 -DEC. 26, 02) 2001, following the retirement of the previous commissioner,
That the above item be and the same hereby is received and and
filed. Whereas: Article 8, section I of the City of Buffalo Charter
ADOPTED states that the Commissioner of Assessment & Taxation shall
be the head of the Department of Assessment and Taxation,
NO. 134 and
F. MESIAH, NAACP-REQ. INFO.-MIN. MULTI-YEAR DEV. Whereas: Article 8, section 2 states that the Commissioner of
PROJECTS Assessment and Taxation shall be appointed by the Mayor, the
(CCP# 106-JAN. 23, 03) Comptroller, and the President of the Common Council
That the above item be and the same hereby is received and acting conjointly and by majority thereof. Moreover, Section 2
filed. provides such appointment shall be made subject to
ADOPTED confirmation by the Common Council, and
Whereas: The Commissioner of Assessment and Taxation is
NO. 135 appointed in the aforementioned fashion, in part, to create a
MINORITY BUSINESS UTILIZATION REPORT- 10/0 1 - "semi independent" position. Thus, the commissioner can
10/02 (BMHA) act in accordance with the laws of the State of New York, the
(CCP#51 -NOV. 26, 02) Charter of the City of Buffalo, and in the best interest of ALL
That the above item be and the same hereby is received and property owners and residents of the city, without undo political
filed. pressure, and
ADOPTED Whereas: At the present time, an "acting" commissioner is
heading the Department of Assessment and Taxation. The
RESOLUTIONS Department has employed an "acting" commissioner only when
necessary to fulfill technical requirements and other
NO. 136 department responsibilities, and
By: Mr. Bonifacio Whereas: Members of the department, employees and
IMPLEMENT PUSH CART VENDING PILOT PROJECT ON supervisors alike, have worked diligently to fulfill the
CONNECTICUT STREET department's responsibilities to the city and its residents. Not
Whereas: The City of Buffalo supports the establishment and having a confirmed commissioner to head the department,
implementation of a Push Cart Vending Pilot Project within the however, is an insufficient way to
Connecticut Street boundaries, to be governed by the operate the department that is both unjust to the taxpayers and
Connecticut Street/New World Street Market Task Force in the current employees. Furthermore, it is a violation of the
cooperation with the City of Buffalo. city's charter, and
Whereas: The terms and conditions of this Pilot Project are Whereas: The position of Commissioner of Assessment and
contained within the body of this resolution as cited below. Taxation should be occupied by someone with the utmost
Now, Therefore Be It Resolved: qualifications that, at minimum, are in accordance with the
That the Connecticut Street boundaries shall begin at the qualifications set forth in the city charter Article 8, section 3,
southeast comer of Connecticut Street at its intersection with and
Niagara Street; thence northerly along Connecticut Street to the Whereas: The commissioner should posses the ability to think
northeast intersection with Richmond Avenue; thence southerly broadly, not only in administering the department, but also in
to Porter Avenue at its intersection with Symphony Circle; the area of real property assessment and taxation as it applies
thence southeasterly to Porter Avenue at its intersection with to property taxes and how they are levied in the City of Buffalo,
Niagara Street; thence northwesterly to Connecticut Street; and
Be It Further Resolved: Whereas: The intention of, and process by which the
That the City of Buffalo approve the implementation of a Push appointment is made, for the commissioner of the Department
Cart Vending Pilot Project, within the Connecticut Street Assessment and Taxation for the City of Buffalo, serves to
boundaries, under the supervision of the Connecticut Street benefit city government as well as the residents and property
Push Cart/New World Street Market Task Force or its owners of the City of Buffalo.
designated agent, and in compliance with all applicable City Now therefore be it resolved that:
laws, codes, rules, and restrictions as administered by the The Common Council implores the Mayor, Council President,
Office of Licenses; and the Comptroller, or his designee, to begin the process of
Be It Further Resolved: interviewing qualified candidates for the position of
That each application for a push cart vending license within the Commissioner of the Department of Assessment and Taxation.
Connecticut Street boundaries must first obtain the approval of RECEIVED AND FILED.
the Connecticut Street/New World Street Market Task Force or
its designated agent, prior to the issuance of said license by NO. 138
the City of Buffalo Office of Licenses; BY: MR. COPPOLA
Be It Further Resolved: SALARY ORDINANCE AMENDMENT
That the Connecticut Street/New World Street Market Task 20- DEPARTMENT OF POLICE
Force may impose reasonable conditions and restrictions upon 1121 - ADMINISTRATION & COMMUNICATION
the issuance of the approval in consultation with the Office of The Common Council of the City Of Buffalo does ordain as
Licenses; follows:
Be It Further Resolved: That part of Section I of Chapter 35 of the Code of the City of
That all peddling and/or vending activity to be conducted within Buffalo, relating to 20 -Department of Police, 1121
the Connecticut Street boundaries not in conjunction with the Administration & Communication, which currently reads:
Connecticut Street Push Cart Vending Pilot Project shall be 2 Assistant Police Dispatcher $52,372
suspended until the Be It Further Resolved: 16 Public Safety Dispatcher $ 28,164 - $ 31,989
Is hereby amended to read: NO. 141
1 Assistant Police Dispatcher $52,372 BY: MR. FONTANA
17 Public Safety Dispatcher $ 28,164 - $ 31,989 PLEA FOR AID FOR THE BUFFALO SCHOOL DISTRICT
IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the Whereas: Over the past two years, more than 400 Buffalo
Charter, that the immediate passage of the foregoing ordinance teaching positions have been eliminated and services have
is necessary. been cut to the bare essentials; and
ROCCO J. DIINA, COMMISSIONER OF POLICE AND Whereas: Facing a $60 million budget gap this year, including
MICHAEL A. SEAMAN, DIRECTOR OF BUDGET, hereby the $30 million reduction in aid proposed by Gov. Pataki's
certify that the above change is necessary for the proper budget, the Board of Education is again brainstorming to find
conduct, administration and performance of essential services ways to cut more costs which will certainly include cuts to more
of that department. We recommend that the compensation for personnel and services; and
said position be fixed at the respective amount set forth in the Whereas: Other cost saving considerations include: reducing
foregoing ordinance. the school week to four days; closing many school buildings;
That a personnel requisition incident to the creation of the the elimination of non-mandated services such as
above-mentioned position, containing a statement of the duties kindergarten, pre-kindergarten, and sports; the layoff of
for such position, has been filed with the Municipal Civil librarians, guidance counselors, social workers, and reading
Service Commission, and said Commission has approved and and math teachers; and
certified the position title set forth in the foregoing ordinance as Whereas: Critics claim that Buffalo schools are already
being the appropriate Civil Service title for the proposed running at minimum staffing and services, creating large class
position. sizes, poor test scores, and school buildings not open to
APPROVED AS TO FORM communities during non-school hours;
Michael B. Risman Now, Therefore, Be It Resolved:
Corporation Counsel 02/03/2003 - Attachment That the Common Council of the City of Buffalo hereby goes on
PASSED record in opposition the deep cuts as proposed in Gov. Pataki's
AYES-13. NOES-0. budget as it relates to the Buffalo School District; and
Now, Therefore, Be It Further Resolved:
NO. 139 That certified copies of this resolution be sent to the NYS
BY: BRIAN C. DAVIS Assembly, the Senate, and to Gov. Pataki with urging from this
PERMISSION TO HANG A BANNER FOR THE RHYTHM & Common Council to restore the necessary aid to the Buffalo
FABRIC FASHION SHOW ON THE CORNER OF School District.
DELAWARE & CHIPPEWA ADOPTED.
Whereas: Funk & Fashion would like to advertise for a
program at the Sphere Nightclub for the Rhythm & Fabric NO. 142
Fashion Show; and By: Mrs. Grant
Whereas: In order to promote the event, representatives from DISCHARGE FINANCE COMMITTEE
the Funk & Fashion Organization request permission to "RESULTS NEGOTIATIONS-19 CHERRY (STRATEGIC
temporarily hang a banner on the corner of Delaware & PLANNING)
Chippewa Streets from February 21, 2003 through March 15 in COM. 10, CCP JANUARY 21, 2003
celebration of the Rhythm & Fabric Fashion Show, a charity Whereas: The above item is currently in the Committee on
event for the Why Me House (breast cancer research); and Finance; and
Whereas: The banner will be displayed on the comer of Whereas: It is no longer necessary for this item to be
Delaware Avenue Chippewa Street from Traffic Pole to Traffic considered by that committee.
Pole; and Now, therefore be it resolved:
Now Therefore Be Resolved That: That the Common Council does hereby discharge the
This Common Council grants permission to Funk & Fashion to Committee on Finance from further consideration of this item
hang a banner for the Rhythm & Fabric Fashion Show held at and said item is now before the Council.
the Sphere Nightclub to advertise; and Seconded by Mr. Davis
Be it Further Resolved: Adopt Discharge
That said banner will hang on the corner of Delaware Avenue That the above item be and the same hereby is approved.
and Chippewa Street from February 21, 2003 through March PASSED.
15; and AYES-13. NOES-0.
Be it Finally Resolved:
That said banners meet all the requirements of pertinent City NO. 143
departments and that no existing laws be violated. By: Mrs. Grant
PASSED. DISCHARGE FINANCE COMMITTEE
AYES-13. NOES-0. "ABANDON/SELL FLINT ALLEY/LEASE PORTION W.
MOHAWK ST. (S.PLAN.)
COM 8, CCP JANUARY 21, 2003
NO. 140
Whereas: The above item is currently in the Committee on
By: Councilmembers Brian C. Davis, Beverly Gray, Betty
Finance; and
J. Grant, Antoine M. Thompson
Whereas: It is no longer necessary for this item to be
SUPPORT OF HEAD START PROGRAM
considered by that committee.
Whereas: Head Start is a comprehensive service program that
Now, therefore be it resolved:
includes health, mental health, nutrition, disability services,
That the Common Council does hereby discharge the
parent involvement, social services as well as educational
Committee on Finance from further consideration of the above
services; and
item and said item is now before the Council.
Whereas: Head Start serves the neediest of the needy
Seconded by Mr. Davis.
preschool age children and their families; and
Adopt Discharge
Whereas: Head Start is a program that has been operating for
That the above item be and the same hereby is approved.
over thirty-seven years, and research clearly shows that Head
PASSED.
Start works; and
AYES-13. NOES-0.
Whereas: Head Start is an extremely cost effective program
that does not require allocated State and/or local tax dollars;
NO. 144
Now, Therefore, Be It Resolved:
BY: MRS. GRANT
That the Buffalo Common Council, on behalf of all the citizens
DISCHARGE FINANCE COMMITTEE
of the City of Buffalo, hereby supports the Head Start initiative;
"PROPOSED SALE FLINT ALLEY/LEASE PORTION W.
and
MOHAWK ST.
Be It Further Resolved:
NEW FEDERAL COURTHOUSE PROJECT"
That the Buffalo Common Council supports the Head Start
COM 17, CCP DECEMBER 10, 2002
Program to remain in the Health and Human Services
Whereas: The above item is currently in the Committee on
Department, so it may continue its successful mission of
Finance; and
assisting families to self-sufficiency; and
Whereas: It is no longer necessary for this item to be
Be It Further Resolved:
considered by that committee.
That the Buffalo Common Council support the full finding of the
Now, therefore be it resolved:
Head Start program by the Federal Government and State
That the Common Council does hereby discharge the
Government; and
Committee on Finance from further consideration of the above
Be It Finally Resolved:
item and said item is now before the Council.
That certified copies of this resolution be sent to the
Seconded by Mr. Davis.
President's Office of the United States of America, the Federal
That the above item be and the same hereby is received and
Delegations representing New York State, Governor George E.
filed.
Pataki, and the New York State Delegation.
ADOPTED.
ADOPTED.
NO. 145 That the Common Council of the City of Buffalo welcomes Mr.
BY: MRS. GRANT Glissando and his efforts to purchase the Buffalo Sabers and
TRANSFER OF FUNDS keep the franchise in Buffalo; and
BOND FUND Be it Further Resolved:
That pursuant to §20-12 of the Charter and the Certificate of That the Common Council of the City of Buffalo urges the
the Mayor and the Comptroller submitted to the Common National Hockey League and Commissioner Gary Between to
Council, the sum of $200,000 be and the same is hereby negotiate in earnest with Thomas Golisano for the purchase of
transferred from the bond account listed below and said sum is the Buffalo Sabres hockey team; and
hereby reappropriated as set forth below: Be it Finally Resolved:
From: That the City Clerk's Office send certified copies of this
Bond Fund resolution to Thomas Golisano, National Hockey League
36650106 - 445 100 Demolitions $200,000 Commissioner Gary Bettman, New York State Governor
To: George Pataki, Erie County Executive Joel Giambra, and Mayor
Bond Fund Anthony Masiello.
36311906 - 442 100 Demolitions $200,000 ADOPTED.
PASSED.
AYES-13. NOES-0. NO. 148
BY: MRS. MARTINO
NO. 146 PERMISSION TO HANG BANNERS
BY: MS. GRAY Whereas: Harvest House, located at 1782 Seneca Street, will
th
RE: A CITY LOTTERY FOR BUFFALO be celebrating their 10 anniversary of the founding of their
Whereas: This Common Council continues to explore ways to organization; and
assist the executive branch of city government in easing the tax Whereas: To announce this event, Harvest House is seeking
burden confronting the residents of the City of Buffalo; and permission to hang three (3) 30" x 60" banners along Seneca
Whereas: The controversy surrounding casino gambling within Street from the light poles, numbered 1774, 1785 and 1790;
the City of Buffalo has city residents deeply divided over the and
issue; and Whereas: At the end of a year the banners will be reduced
Whereas: Negotations continue regarding site location and its from the original size to 30" x 40" and will remain in place as
impact on surrounding business establishments, but what is long as they remain in good condition; and
perhaps more important is the ability to generate resources to Whereas: Arrangements have been made for professional
deliver key services for our citizens; and installation of these banners,
Whereas: A City of Buffalo lottery may be a far more efficient Now, Therefore, Be It Resolved:
way to generate funding than a casino that would be owned by That the Common Council of the City of Buffalo grants
a sovereign nation, and that would deliver a small percentage of permission to Harvest House to hang three (3) light pole
the proceeds, if any, under a formula administered by New banners announcing their 10"' Anniversary of the founding of
York State; and their organization;
Whereas: Buffalo's revenue needs are enormous at this point; Be It Further Resolved:
funds are needed to fill a $28 million gap in the upcoming City That said banners will hang from the light poles 1774, 1785
budget, to keep our schools sinking under and 1790 on Seneca Street,
a projected $60 million deficit, and to provide hometown Be It Finally Resolved:
security in the form of police and fire services; and That said banners meet all the requirements set forth by the
Whereas: Increasing the local tax base is a major task for both Department of Public Works and the Corporation Counsel, and
the legislative and executive branches of municipalities across that no existing laws are violated.
the State of New York, and as casino gambling continues to be PASSED.
mired in controversy, a local lottery is one suggestion that may AYES-13. NOES-0.
provide a more direct benefit to the local tax base; and
Whereas: The State Lottery has generated some revenue for NO. 149
the schools, but far more is needed to meet the pressing needs BY: MRS. MARTINO
of our students and taxpayers; WATER SERVICES
Now, Therefore, Be It Resolved That: Whereas: As the City of Buffalo and the County of Erie
This Council hereby requests the Corporation Council to continue to deal with financial shortfalls; and
prepare a Home Rule Message for the New York State Whereas: As talks of merging Buffalo and Erie County
Legislature, requesting that the City of Buffalo be allowed to governments continue to surface and
institute a City Lottery that will exclusively benefit the residents Whereas: Water services is one of the most important quality
of the City of Buffalo; and of life services provided to the residents of both the City of
Be It Further Resolved That Buffalo and the County of Erie; and
The City Clerk be directed to forward certified copies of this Whereas: A preliminary study shows the Buffalo Water
resolution to Governor Pataki, to Assembly Speaker Sheldon system is valued to be worth between $65 million and $90
Silver, to the Clerk of the Assembly, to Senate Majority Leader million; and
Joseph Bruno, to the Secretary of the Senate and to the Whereas: The Buffalo Water system continues to provide
members of the Western New York State Legislative better water quality at 25% less cost than the Erie County rate;
delegation. and
REFERRED TO THE COMMITTEE ON FINANCE, THE Whereas: The Buffalo Water system continues to meet the
COMMISSIONER OF ADMINISTRATION AND FINANCE, requirement of 100 million gallons per day with additional
COMPTROLLER AND THE NEW YORK STATE capacity available.
COMPTROLLER. Now, Therefore, Be It Resolved:
That where the City of Buffalo can provide the County of Erie
NO. 147 with more cost effective services, cooperative agreements
BY: ALL COUNCILMEMBERS between both governments shall be reached; and
THOMAS GOLISANO AND THE BUFFALO SABRES Be It Further Resolved:
Whereas: Almost immediately after Mark Hammister That this Honorable Body authorize the Buffalo Water Authority
suspended his efforts to purchase the Buffalo Sabres, Thomas to negotiate a service agreement with the Erie County Water
Golisono's name has been mentioned as a possible bidder for Authority for the sole purpose of the Buffalo Water System
the troubled hockey team; and providing water service to the residents of Erie County.
Whereas: According to published reports, Mr. Golisano has REFERRED TO THE COMMITTEE ON BUDGET, THE
been in contact with NHL Commissioner Gary Bettman, and COMMISSIONER OF PUBLIC WORKS AND THE ERIE
indications are that the NHL is interested in Golisano as a COUNTY WATER AUTHORITY
potential owner of the hockey team; and AYES-BONIFACIO, COPPOLA, DAVIS, FISHER, FONTANA,
Whereas: As talks continue between Mr. Golisano and the FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO,
National Hockey League, it is this Common Council's goal to MARTINO,
have the Buffalo Sabres who have been an integral part of life THOMPSON-12.
in Buffalo and Western New York for over three decades, NOES-PITTS-1.
remain in Buffalo; and
Whereas: Thomas Golisano, a Rochester, New York native, NO. 150
and a highly successful businessman, is well-known and BY: MRS. MARTINO AND MRS. LOTEMPIO
respected for his community involvement and philanthropic SUPPORT FEDERAL FUNDING OUTER HARBOR
efforts in the region; and WHEREAS, Buffalo's waterfront lands are
Whereas: The City of Buffalo is and will continue to be dilapidated and have been in poor condition for many years,
supportive of the Buffalo Sabers, and keeping the team playing and
in Buffalo for many years to come; WHEREAS, efforts to redevelop inner harbor and
Now, Therefore be it Resolved: outer harbor waterfront lands have been hamstrung by
bureaucratic red tape and other factors, and
WHEREAS, one such other factor is the current Whereas: The City of Buffalo is currently experiencing
condition of transportation infrastructure to access these financial difficulties due to decreased State and Federal
lands, and funding, thus creating increased tensions in labor Management
WHEREAS, a proposal has recently been made relations, and
public to rehabilitate an existing section of Route 5 in Buffalo Whereas: The need exists to promote a collaborative,
and Lackawanna as a six lane, tree-lined waterfront parkway, cooperative and inclusive process to work through during a
and time of economic transition.
WHEREAS, this parkway would replace a Now, Therefore, Be It Resolved:
three-mile stretch of the elevated section of Route 5 running The Buffalo Common Council identify and approve a $10,000
along the Outer Harbor of the Buffalo waterfront from the expenditure to be used by the City and its Unions for a Labor
Coast Guard Station on its north end to Ridge Road in the Management Interest Based Problem Solving Program to be
south, and conducted by Cornell University ILR.
WHEREAS, of the many benefits of such a ADOPTED.
proposal, safer, more direct access into and out of the Outer
Harbor, Union Ship and City Ship canal areas would result, NO. 152
both for vehicular as well as pedestrian traffic, and BY: MR. THOMPSON
WHEREAS, such a new access route would IMPROVE CITY SEQR PERFORMANCE
greatly enhance development potential of downtown areas to Whereas: In November of 2002 the Buffalo Environmental
encourage private investment in housing, office park and Review Task Force released an Assessment and
commercial mixed uses, complementing the proposed 80-acre Recommendations report on Buffalo's SEQR performance (#4
Outer Harbor state park and other public destinations, and C.C.P. November 4, 2002 - "Env. Mgt. Commission - Report of
improving the overall aesthetic quality of the Outer Harbor Buffalo Env. Review Task Force"); and
waterfront experience, and Whereas: This report concluded that SEQRA compliance by
WHEREAS, arguably the most attractive feature of the City of Buffalo is "substantially inadequate" and gave 17
this proposal is its construction readiness; this proposal will recommendations for improvement; and
not require another study or task force report it can commence Whereas: Compliance with SEQRA is crucial in that it can
almost immediately, and improve projects, protect Buffalo's environment, protect the
WHEREAS, beyond its ability to spur additional health and safety of Buffalo's residents, and insulate the City
development in the downtown area, this project would have and developers from legal challenge when done correctly;
tangible economic benefits that would be apparent almost Now, Therefore, Be It Resolved That:
immediately, and This Common Council thanks the members of the Buffalo
WHEREAS, because New York State Department Environmental Review Task Force for their tremendous
of Transportation (NYSDOT) officials believe the parkway volunteer effort on behalf of the City of Buffalo, and hereby
project can have design completed and construction resolves to work with Mayor Masiello and the Environmental
commence by Spring 2005, it will, according to the Management Commission to implement the report's
Federal-Aid Highway Investment program's employment recommendations as swiftly and substantially as practically
impact formula, result in the creation of 1,650 jobs in the possible; and
construction trades during the estimated two-year Be It Further Resolved That:
construction schedule for completion of the project, and To that end, this Council requests the following departments
WHEREAS, because enhancing economic and agencies to respond to the report's recommendations:
development and job creation efforts in Buffalo and Erie Mayor Masiello (all recommendations), Office of Strategic
County are of paramount importance to our region, supporting Planning (all recommendations), Corporation Counsel (all
the proposal for $35 million in federal TEA-21 funding for this recommendations), Administration and Finance
proposal is of critical importance to this Honorable Body. (recommendations 5 and 16), Comptroller (recommendation
NOW, THEREFORE, BE IT 13), Public Works (recommendation 14), BMHA
RESOLVED, that the Buffalo Common Council does hereby (recommendation 17), the Board of Education
reaffirm its commitment to the enhancement of economic (recommendation 17), and the Joint Schools Construction
development and job creation efforts in Buffalo and Erie Board (recommendation 17); and
County, and is hereby particularly concerned with the Be It Further Resolved That:
redevelopment of Buffalo's waterfront as one means toward Mayor Masiello be requested to develop an implementation plan
that end, and be it further for the Environmental Review Task Force's recommendations;
RESOLVED, that this Honorable Body does hereby and
endorse the proposed $35 million request in federal TEA-21 Be It Finally Resolved That:
federal highway funding program to construct a six lane, Mayor Masiello be requested to send a copy of the Assessment
tree-lined waterfront parkway to replace a three-mile stretch of and Recommendations report on Buffalo's SEQR performance
the elevated section of Route 5 running along the Outer Harbor to all City departments and agencies, with a request that they
of the Buffalo waterfront from the Coast Guard Station on its familiarize themselves with the report's recommendations, in
north end to Ridge Road in the south, and be it further anticipation of the Mayor's implementation plan.
RESOLVED, that this Honorable Body does hereby ADOPT SECOND RESOLVE; THE REMAINDER TO THE
call upon our region's federal representatives to make securing COMMITTEE ON COMMUNITY DEVELOPMENT
such funds a priority in the federal appropriations process, and
does further call upon other local officials in Buffalo, Erie NO. 153
County and Western New York to endorse such efforts, and be BY: ANTOINE M. THOMPSON
it further Amend the Living Wage Law
RESOLVED, that certified copies of this resolution To understand the proposed changes in the text of
be sent to United States Senators Hillary Rodham Clinton and the existing Living Wage law note:
Charles E. Schumer, to US Representatives Louise M. 1. All proposed new language is bolded and in italics.
Slaughter, Jack Quinn, and Thomas M. Reynolds, to Erie 2. All language to be omitted is underlined and marked off with
County Executive Joel A. Giambra, to the Erie County brackets in the following way, [deleted material is here.]
Legislature, to Buffalo Mayor Anthony M. Masiello, to 3. Where appropriate, I have noted the language that was
Lackawanna Mayor John Kuryak, to the Lackawanna City contained in the original Ordinance, before it was
Council, to the Board of Commissioners of the NFTA, and to amended, so that we could have that as a reference.
the Mayors and Town Supervisors of all cities and towns within That Section 96-19 of Chapter 96 of the Code of the City of
the county of Erie. Buffalo shall be amended to read as follows:
ADOPTED § 96-19. Service contracts for food service employees; janitorial
employees, security guards, parking attendants, landscaping
NO. 151 employees, clerical employees and waste management
BY: MARY M. MARTINO employees; living wage.
James W. Pitts A. Legislative determination of intent.
CORNELL UNIVERSITV ILR LABOR MANAGEMENT (1) The city awards many contracts to private firms to provide
INTEREST BASED PROBLEM SOLVING PROGRAM services to the public and to city government. Experience
Whereas: In 1944 the New York State Legislature founded indicates that procurement by contract of services has all
Cornell's ILR School with a mission to improve work, working too often resulted in the payment by service contractors to
conditions, labor relations and employment in New York, and their employees of wages
Whereas: Entire industries have benefited from the (2) at or slightly above the minimum required by federal and
custornized programs offered by Cornell University School of state minimum wage
industrial and Labor Relations Western Region located at 237 laws. Such minimal compensation tends to inhibit the quantity
Main Street, Buffalo, New York, and and quality of services rendered by such employees to the city
Whereas: Cornell ILR possesses over a half century of and to the public. Underpaying employees in this way fosters
experience in promoting interest Based Problem Solving and high turnover, absenteeism and lackluster performance.
effective Joint strategies; and Conversely, adequate
compensation promotes amelioration of these undesirable NOT-FOR-PROFIT ORGANIZATION -- A corporation having
conditions. Through this section, the city intends to require tax exempt status under Section 501(c)(3) of the United States
service contractors to provide a minimum level of compensation Internal Revenue Code and recognized under the New York
that will improve the level of services rendered to and for the State Not-For-Profit Corporation Law.
city. PERSON -- One or more of the following or their agents,
(2) The inadequate compensation typically paid today also fails employees, representatives and legal representatives:
to provide service employees with resources sufficient to afford individuals, corporations, partnership, joint ventures,
life in the City of Buffalo. It is unacceptable that contracting associations, labor organizations, educational institutions,
decisions involving the expenditure of city funds could foster mutual companies, joint-stock companies, trusts,
conditions placing a burden on limited social services. unincorporated organizations, trustees in bankruptcy, receivers,
(3) The City of Buffalo has a limited amount of taxpayer fiduciaries and all other entities recognized at law by this city.
resources to expend; and even in promising economic times, SERVICE CONTRACT and/or COVERED SERVICE -- A
far too many working Buffalo residents and their families live contract let to a contractor by the city primarily for furnishing
below or near the poverty line. services to or for the city (as opposed to the purchase of goods
(4) Due to strict new time limits on public assistance, access to or other property or the leasing of property) and that involves an
family-supporting jobs in Buffalo is especially crucial, and as a expenditure in excess of $50,000 to an employer of at least 10
result of new work requirements imposed by welfare reform, employees.
the influx of former welfare recipients into low-wage labor SUBCONTRACTOR -- Any person, other than an employee,
market is projected to lower these workers' wages. that enters into a contract with a contractor to assist the
(5) The use of taxpayer dollars to promote sustenance and primary contractor in performing a service contract.
create family-supporting jobs will increase consumer income D. Living wage.
while decreasing levels of poverty. In the City of Buffalo, new (1) Applicability. Covered employers shall pay no less than a
homeowners contribute additional property tax revenue while living wage to their covered employees. [provided that, in the
spending case of employees performing non-construction work that is
more money in our city economy at neighborhood businesses. covered by state or local living wage laws, covered employers
Additionally, desperate neighborhoods overly dependent on shall pay the greater of a family-supporting wage or said living
low-wage jobs are blessed with a decrease in crime, given the wage for nonconstruction
compelling relationship between crime statistics and low-wage work.]
work. And, for (2) Amount of wage. The living wage shall be calculated on an
Buffalo students facing tougher educational standards, ending hourly basis and shall be phased in over a period of three
the poverty cycle is imperative; presently many of Buffalo's years. With health benefits, the living wage rate shall be $6.22
school children are so poor that they qualify for free school (year 2000); $7.15 (year 2001); $8.08 (year 2002). Without
lunches and/or breakfasts. No child can learn while hungry, health benefits, the
and hunger is the first result of debilitating poverty. living wage rate shall be $7.22 (year 2000); $8.15 (year 200 1);
(6) In addition, on a region-wide basis, living-wage legislation $9.08 (year 2002).
may benefit the larger community by reducing reliance on (3) Re-evaluation period. This section shall be revisited [at the
taxpayer-funded public assistance such as food stamps, end of year 2002) to re-evaluate
no later than April 30, 2002
Medicaid, emergency medical services and other social
the living wage legislation. The amount of the living wage may
programs provided by the Erie County government.
be adjusted at that time to reflect existing economic conditions.
(7) Community organizations, religious leaders, union members
(4) No reduction in collective bargaining wage rates. Nothing in
and other Buffalo residents have organized together and
this section shall be read to require or authorize any covered
proposed the policy reflected in this section.
employer to reduce wages set by a collective bargaining
(8) Since the City is presently facing a grave financial crisis, in
agreement or required under any prevailing wage.
order to relieve the City of any financial burdens in connection
(5) Notifying employees of their potential right to federal earned
with the Living Wage Ordinance, this law creates a volunteer
income credit. Employers shall inform employees making less
Commission to assist in the administration of the Ordinance.
than $12 per hour of their possible right to the Federal Earned
B. Title and purpose: Buffalo Living Wage Ordinance.
Income Credit (EIC) under Section 32 of the Internal Revenue
(1) This section shall be known as the "Buffalo Living Wage
Code of 1954, 26 U.S.C. 32, and shall make available to
Ordinance."
employees forms informing them about the EIC and forms
(2) The purpose of this section is to assure that employees of
required to secure advance EIC payments from the employer.
substantial city contractors and subcontractors provided by the
E. Employer responsibility, compliance and sanctions.
City earn an hourly wage that is sufficient for a family of three
(1) Notice of application for contract. Simultaneous with the
to live at or above the federal poverty level.
submission of the bid for the proposed contract, all covered
C. Definitions. The following definitions shall apply throughout
employers shall file with the Office of Contract Compliance an
this section:
Application for Contract. An employer's failure to file an
CITY -- The City of Buffalo.
Application
COMMISSION ON LIVING WAGE - The body created by this
for Contract shall bar the City or any of its individual
Ordinance charged with overseeing and evaluating the
departments from considering a bid for contract. Any contract
Ordinance and holding hearings to investigate noncompliance
entered into by the City without receipt of an Application shall
with its provisions.
be void. The application must contain the following: [Language
CONTRACT -- Any written agreement whereby the City is
in original Ordinance read as follows: Any and all contracts
obligated to expend or does expend funds in connection with
or agreements to provide
any contract or subcontract, including but not limited to hotel
contract shall be void, and no contract shall be awarded, unless
employees; restaurant, food service or banquet employees;
at least 21 days before the contract is awarded or an
janitorial employees; security guards; parking attendants;
agreement to provide a contract is signed, the covered
nonprofessional health-care employees; gardeners; clerical
employer
employees; waste management employees.
files with the Office of Contract Compliance or, if that office is
CONTRACTING AGENCY -- A City board, commission,
discontinued, with the Comptroller, a publicly available
bureau, division, department or other office, position,
application for contract which shall include the
administration, institution or agency of city government, the
following:
expenses of which are paid in whole or in part from the city
(a) The name, address and phone number of both the
general fund.
prospective covered employer and the specific project for
CONTRACTOR -- Any person that enters into a service
which the contract is sought.
contract with the city.
(b) A description of the project or service for which the
COVERED EMPLOYEE and/or EMPLOYEE -An [A
employee contract is sought.
person employed] either part-time or full-time, by a covered (c) statement of project number employees, by
A of
employer in, on or for the project or matter subject to the
classification, under the prospective contract.
contract; provided, however, that persons who are employed in
statement the projected wage levels all covered
(d) A of of
construction work covered pursuant to federal or state
employees in each the years for which the contract is
of
prevailing wage laws shall be exempt from this section. This
sought.
definition shall include any [person who is employed
employee
(e) written commitment to pay all covered employees a
A
(including fulfilling a work requirement under the Family
living wage as defined by this section.
Assistance or Safety Net Program ) as a service employee of a
model Application for Contract is appended to this
A
contractor or subcontractor on or under the authority of one or
Ordinance as Exhibit A.
more service contracts and who expends any of his or her time
(2) Quarterly Reports from covered employers. Covered
thereon, including but not limited to food-service employees,
employers shall provide
janitorial employees, security guards, parking attendants,
publicly available quarterly reports to the Office
of
landscaping employees, clerical employees and waste
Contract Compliance regarding their employment
management employees.
activities, including the name, address, classification,
COVERED EMPLOYER -- The City of Buffalo or any [person
period employment and wage rate covered
of of
who is a] contractor or subcontractor directly involved in
employees hired. A model Quarterly Report is appended
providing a covered service to the City of Buffalo.
to this Ordinance as Exhibit B.
(3) Compliance, enforcement and sanctions. [(4) City enforcement. The City may, in its sole discretion,
(a) Posting. Every employer shall post and keep in investigate and address any alleged violation of this section's
conspicuous places in its premises, where notices to requirements. However, the City's failure to investigate an
employees and applicants for employment are alleged violation or otherwise enforce any of the provisions of
customarily posted, two copies this section or other this section shall not create any right of action or right to
of
recover damages from the City by any person, including but not
materials designed by regulation, informing employees
of
limited to an aggrieved employee.
their rights under this section. model posting is
A
(5) Additional penalty. In addition to the payment of damages,
appended to this Ordinance as Exhibit C.
any covered employer found by the appropriate court to be in
(b) Grievance procedure. An employee who believes that
violation of this section m4y be ineligible to bid on City
his or her employer is not complying with requirements
of
contracts for a period of up to three years, as determined by the
this section or any member the Commission on a
of
Mayor.]
Living Wage has the right to file a grievance with the
The Commission on a Living Wage: Composition and
G.
Office Contract Compliance, or if that Office is
of
Powers. The City hereby establishes a Living Wage
discontinued, with the Comptroller. Contract
The Office of
Commission to evaluate the efficacy and enforcement of
Compliance shall promptly forward the grievance to the
the Ordinance.
chairperson the Commission on a Living Wage. Such
of
The Living Wage Commission shall have the
1. Powers.
grievances may be made at any time and shall be
following powers:
investigated as soon as possible by the Commission on
a. to evaluate the enforcement of the Living Wage
the Living Wage. Written and oral statements made by an
Ordinance, issue an annual public report and such other
employee shall be treated as confidential and shall not be
reports as it shall deem necessary, and make legislative
disclosed to the covered employer without the consent
of
recommendations regarding needed changes in the
the employee.
Ordinance;
(c) Contract Compliance. The duties
Duties of Office of of
b. to hold mandatory monthly meetings;
Contract Compliance under this Ordinance
the Office of
c. to hold public and private hearings, take testimony
shall be to:
under oath, and issue subpoenas requiring the
(I ) Receive and file all Applications for Contract;
attendance of persons and the production of books,
(2) Receive and file all Quarterly Reports;
papers and other documents;
(3) Receive and forward grievances to the Chairperson of
d. to receive, investigate, and hold hearings in connection
the Living Wage Commission;
with complaints by employees of a. non-compliance with
-
(4) Make all Applications for Contract, Quarterly Reports
the Ordinance; and b. retaliation by employers against
and copies Contracts available to the public and the
of
employees asserting their rights under the Ordinance;
Commission upon request.
e. to issue written findings in connection with
(5) On the event the Office of Contract Compliance is
investigations of complaints or other allegations of
discontinued, the above documents shall be delivered to the
non-compliance;
Comptroller's Office.
f. to impose sanctions in connection with findings of
(d)
Sanctions for Failure to Pay a Living Wage [11 Where
non-compliance after a notice and hearing to employers;
appropriate, following the receipt of a grievance, the
g. to receive charitable contributions and grants to
Commission shall have the authority to conduct a hearing to
facilitate its work;
determine the validity of the grievance or complaint. After such
h. to retain private counsel to assist the Commission in
a hearing, a covered employer found to be in violation of this
its work, provided that such counsel must agree, in
section by a majority vote of the members of the Commission
writing, to work on a pro bon o basis, completely free of
shall be sanctioned by one or more of the following:
any charge for legal services or costs;
[a] Withholding payment of any amount due.
to have access to and the right to duplicate the following:
/b/
Wage restitution for each affected employee.
a. Applications for Contracts
/c/
Suspension or termination of ongoing contracts.
b. Quarterly Reports;
/d/
Ineligibility for further city contracts for up to three years
c.Contracts governed by this Ordinance; and d. all other
or until all penalties and restitution have been paid in full.
documents required to be filed in the Office of Contract
(e)
Sanctions for Retaliation. A covered employer shall not
Compliance.
discharge, reduce the compensation of or otherwise
j. to select a chairperson, by majority vote of the
discriminate against any employee for making a grievance,
Commission;
otherwise asserting his or her rights under this section, or
k. to adopt rules for the operation of meetings and to
participating in any of its proceedings. The Commission shall
carry out the powers enumerated above.
investigate allegations of retaliation and if such allegations shall
2.Composition and Selection of
be found to be true, after notice and hearing, shall order
Commissioners. The Commission shall be composed of
appropriate relief, including but not limited to: (1) reinstatement
nine members, each serving a three-year term.
of a discharged or demoted employee; (2) backpay to the date
Commissioners shall serve without compensation. They
(d)
of the violation; or (3) the sanctions in sections [1] [a], [c],
shall be selected, by written notice to the Mayor, on the
/d/
or above.
following basis:
F. Enforcement.
1. a representative selected by the Coalition of Black
(1) Private right of action. An employee claiming violation of this
Trade Unionists;
section shall have the right to file an action against an employer
2. a representative selected by the Common Council;
in the appropriate court, within two [one] years after discovery
3. a representative from the Cornell School of Industrial
of the alleged violation. The court may award any employee
Labor Relations;
who files suit pursuant to this provision, as to the relevant
4. a representative selected by the Mayor;
period of time, the following:
5. two representatives selected by the Network of
(a) For failure to pay the living wage required by this section:
Religious Communities;
the difference between the living wage required herein and the
6. a representative selected by the Niagara Partnership;
amount actually paid to the employee.
7. a representative selected by the Western New York
(b) For retaliation for exercise of any rights provided for under
Area Labor Federation;
this section: reinstatement, back pay, and/or any other relief
8. a representative selected by the Western New York
that a court may deem appropriate.
Welfare Monitoring Task Force.
The court may award reasonable attorney's fees and costs to
3.Procedures Governing- the Selection of
an employee who prevails in any such private action and such
Commissioners.
other remedies as the court may determine to be just.
a. Each organization designated above shall have three
(2) Each service contract to which these regulations apply shall
months from the effective date of the Ordinance to notify
provide that violation of this section shall enable any aggrieved
the Mayor in writing of its designated representative.
employee to file an action against the contractor for damage. In
Representatives shall be authorized to take their seat on
addition, such service contract shall also indicate that the City
the Commission at the first monthly meeting following
has the discretion to terminate the service contract and pursue
their designation by each
any other legal remedies available to the City if the contractor
organization.
fails to comply with this section. Notwithstanding, the failure of
b. If any organization listed above ceases to exist
a service contract to provide the foregoing information, that
following the passage of this ordinance, the chairperson
failure shall not alleviate the responsibility of a contractor to
of the Commission shall designate a community
comply with the requirements of this
organization with a comparable organizational mission to
section.
select a representative to serve on the Commission.
(3) Retaliation prohibited. A covered employer shall not
c. The failure of a designated organization to name a
discharge, reduce the compensation of or otherwise
representative shall not affect the authority of the
discriminate against any employee for making a complaint,
Commission to perform its functions
otherwise asserting his or her rights under this section, or
H. Exemptions.
participating in any of its
proceedings.
(1) Grounds for granting exemptions. The Mayor may request UNFINISHED BUSINESS
that the Common Council grant a partial or whole exemption to
the requirements of this section. NO. 156
(a) General exemption. Exemptions may be granted where BOND RESOLUTION-$ 100,000-HISTORICAL SOCIETY
application of this section to a particular contract is found by IMPROVEMENTS
the city to violate specific state or federal statutory, regulatory or (#112-2/4/03)
constitutional provision or provisions, and Common Council Mrs. LoTempio moved that the above item be taken from the
approves the exemption on that basis. table.
(b) Youth employment exemption. An exemption to this section Seconded by Mr. Davis
may be granted where a covered employer is an organization CARRIED
who regularly employs individuals under the age of 21 in a Mrs. LoTempio now moved approval of the above item.
summer youth program, school-to-work program, or other Seconded by Mr. Davis
related seasonal part-time work. The exemption shall only apply PASSED
to these employees. AYES-13. NOES-0.
(c) Not-for-profit organizations. An exemption to this section
may be granted to not-for-profit organizations, which perform NO. 157
services for the city or its departments. BOND RESOLUTION-$100,000-MUSEUM OF SCIENCE
(2) Contents. All general exemption requests shall include the IMPROVEMENTS
following: (# 113 -2/4/03)
(a) The nature of the contract to which this section applies; and Mrs. LoTempio moved that the above item be taken from the
the specific or official name of the contract, the statutory or table.
regulatory authority for the granting of the contract, and a copy Seconded by Mr. Davis
of that authority. CARRIED
(b) The conflicting statutory, regulatory or constitutional Mrs. LoTempio now moved approval-of the above item.
provision or Seconded by Mr. Davis
provisions that make complaints with the section unlawful, and PASSED.
a copy of each provision; and AYES-13. NOES-0.
(c) A factual explication and legal analysis of how compliance
with this NO. 158
section would violate the cited provision or provisions, and the BOND RESOLUTION-$750,000-CITY HALL MASONRY
legal RESTORATION
consequences that would attach if this violation were to occur. (#114-2/4/03)
(3) Common Council review and approval of exemption Mrs. LoTempio moved that the above item be taken from the
requests. table.
The Common Council shall consider exemption requests, along Seconded by Mr. Davis.
with their supporting documentation and analysis, and may hold CARRIED
a public hearing to consider the views of the public, before Mrs. LoTempio now moved approval-of the above item.
approving the exemption. The Common Council may approve Seconded by Mr. Davis
or deny all or part of a request. PASSED.
I. Severability. In the event any court of competent jurisdiction AYES-13. NOES-0.
shall hold any provision of this section invalid or unenforceable,
such holding shall not invalidate or render unenforceable any NO. 159
other provisions hereof. ANNOUNCEMENT OF COMMITTEE MEETINGS
J. Effective date. This section shall be effective immediately The following meetings are scheduled. All meetings are held in
upon enactment. the Common Council Chambers, 13th floor City Hall, Buffalo,
It is hereby certified, pursuant to Section 3-19 of the Charter, New York, unless otherwise noted.
that the immediate passage of the foregoing ordinance is Regular Committees
necessary. Committee on Claims Wednesday, Feb. 19, 2003 at 1:00
Antoine A Thompson o'clock P.M. in Room 1417 City Hall.
Masten District Council Member Committee on Civil Service Tuesday, Feb. 25, 2003 at 9:30
REFERRED TO THE COMMITTEE ON LEGISLATION AND o'clock A.M.
THE CORPORATION COUNSEL Committee on Finance Tuesday, Feb. 25, 2003 at 10:00
o'clock A.M.
NO. 154 following Civil Service
BY: MR. THOMPSON Committee on Legislation Tuesday, Feb. 25, 2003 at 2:00
DISCHARGE FROM THE REGIONAL GOVERNANCE o'clock P.M.
COMMITTEE - ITEM Committee on Comm. Dev. Wednesday, Feb. 26, 2003 at
NO. 124, FEB. 5, 2002-"COUNTY REIMBURSEMENT FOR 10:00 o'clock A.M.
MAINTENANCE OF Committee on Education Wednesday, Feb. 26, 2003 at 2:00
CITY/COUNTY. ROADS" o'clock P.M
Whereas: Item No. 124, Feb. 5, 2002-"County Special Committees
Reimbursement for Maintenance of City/County. Roads" is Special Comm. Dev. Comm. Mtg.- Wed, Feb. 19, 2003 at
presently before the Regional Governance Committee; and 10:00
Whereas: It is no longer necessary for this item to be o'clock A.M. in Room 1417 City Hall on Merger between BERC
considered by that committee; & ECIDA Functions,
Now, Therefore, Be It Resolved: Special Civil Service Committee Meeting Wed., Feb. 19, 2003
That this Common Council does hereby discharge the at 2:30
Committee on Finance from further consideration of item No, o'clock P.M. in Room 1417 City Hall on COB's EEO/Affirmative
124, Feb. 5, 2002-"County Reimbursement for Maintenance of Action Plan.
City/County. Roads" and said item is now before the Council. Taylor Law Impasse Committee Friday, Feb. 21, 2003 at 9:00
ADOPT DISCHARGE o'clock A.M. in Room 1417 City Hall.
That the above item be and the same hereby is referred to the Budget Committee Friday, Feb. 21, 2003 at 10:00 o’clock A.M.
Committee on Budget. in Room 1417 City Hall
ADOPT
(Public Disclaimer): All meetings are subject to change and
cancellation by the respective Chairmen of Council
NO. 155 Committees. In the event that there is sufficient time given for
BY: MR. THOMPSON notification, it will be provided. In addition, there may be
APPOINTMENTS meetings set Lip whereby the City Clerk's Office is not made
COMMISSIONER OF DEEDS aware; therefore, unless we receive notice from the respective
That the following persons are hereby appointed as Chairmen, we can only make notification of what we are made
Commissioner of Deeds for the term ending December 31, aware.
2004, conditional, upon the person so appointed certifying
under oath to their qualifications and filing same with the City NO. 160
Clerk: ADJOURNMENT
CAREY, GINGER On a motion by Mrs. LoTempio, Seconded by Ms. Gray.. the
FITZGERALD, BARBARA Council adjourned at 4:34 p.m.
LANDES,ADAM CHARLES L. MICHAUX, III
RICHARDSON, AFRIKA CITY CLERK
Total: 4
ADOPTED BOARD OF POLICE AND FIRE PENSION PROCEEDINGS
#2
OFFICE OF THE MAYOR-201 CITY HALL
FEBRUARY 20, 2003
Present:; Anthony M. Masiello, Mayor; Andrew SanFilippo,
Deputy Comptroller-2
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 month of February 2003 amounting to $11,685.24
and respectfully request that checks be drawn to the order of
the persons named herein for the amounts stated.
Adopted
Ayes-2. Noes-0.
NO. 2
I transmit herewith the Pension Payroll for the Police Pension
Fund for the month of February 2003 amounting to $14,045.00
and respectfully request that checks be drawn to the order of
the persons named herein for the amounts stated.
Adopted.
Ayes-2. Noes-0.
NO. 3
On motion by Mr. Masiello, the City of Buffalo Police and Fire
Pension Board Meeting adjourned at 11:10 a.m.