HomeMy WebLinkAbout03-0204
No. 3
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
February 4, 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
In response to the Buffalo Common Council resolution, the
Office of Strategic Planning and the Buffalo Economic
COMMON COUNCIL Renaissance Corporation, propose working with the owner of
CITY HALL - BUFFALO 998 Broadway, Benchmark Development, to develop a draft
TUESDAY, FEBRUARY 4, 2003 framework for the re-use of 998 Broadway that will focus on the
AT 2:00 P.M. below and will involve:
1. Obtaining input from the stakeholders in the
PRESENT - James W. Pitts President of the Council, Broadway-Fillmore community as to what they feel would
and Council Members Bonifacio, Coppola, Davis, Fisher, be the right kind of business or businesses at 998
Fontana, Franczyk, Golombek, Grant, LoTempio, Martino, Broadway.
and Thompson - 12. 2. The zip code in which the Bfoadway-Fillmore retail area is
located has the fifth largest number of retailers in the City
ABSENT – Gray - 1. of Buffalo. An analysis will be conducted of the current
businesses in the Broadwav-Fillmore community. What's
On a motion by Mrs. LoTempio, seconded by there'? What isnt? What type of business or businesses
Mr. Fontana, the minutes of the stated meeting held on would add value to the community and the Broadway
January 21, 2003 were approved. Market in particular.
FROM THE MAYOR 3. The 998 Broadway site has ample space, *including parking
FROM THE MAYOR - EXECUTIVE DEPARTMENT space, for big box retailing. What big box retailers might
FROM THE OFFICE OF CITIZEN SERVICES be interested in the site? An analysis will be conducted
NO. 1 ldentifying which one's are located in the vicinity and
ANNUAL REPORT FOR 2002 - MAYOR'S COMPLAINT which aren't.
Dear Members of Buffalo's Common Council: 4. Also, due the size of 998 Broadway, which is approximately
DIVISION OF CITIZEN SERVICES 90,000 sq. ft, does it make sense to subdivide the space
Annual report for 2002 - Mayor's Complaint Line Calls between multiple tenants'?
In 2002, the Division of Citizen Services experienced a 28% 5. Existing retailers located in the zip code, in which the
decrease in service calls compared to 2001. Broadway-Fillmore retail area is located, enjoy an
The most significant decreases occurred in picking up garbage aggregate annual range of sales/receipts of $50,000,000
and billing for that service. to $99,999,999. Many do business to business or 13213.
Garbage complaints dropped from 10,578 to 5,290 and user What kind of business would be able to offer goods and
fee bills decreased to 717 from 7,040. services to other business in the community'?
Also, the use of garbage totes has greatly reduced rodent 6 The combined buying power of all residents in zip code
complaints , with a drop from 443 to 153. 14212 is $172,000,00 and the Broadway, between Fillmore and
Housing Violation calls remained about the same, police calls Bailey enjoys an average daily traffic count of 15, 100. This
were down 17%, and snow plowing calls slightly up by 5%. statistic as well as others will be a focal point of discussions
Forestry calls dropped by 13%, to 1,527. when working with potential prospects.
Garbage tote request dropped by 32% to 5,239, which still 7. The zip code in which the Broadway-Fillmore retail area is
reflects about 6% of the customer base changing totes. located enjoys the greatest density and diversity of food
Broken garbage totes increased by 37% to 1,208 and stolen industry businesses. A food manufacturer, retailer or distributor
totes increased by 43% to 1,157, both categories still reflect could benefit the community or potentially hurt it as well. That
less than 1% of the garbage totes being used. being said, the possibility will be explored by working with the
Also, there were more refrigerators to pick up, 1,006 to 1,164 local food manufacturers in the Buffalo Niagara region and
and abandoned cars, 530 to 686. Adjudication calls dropped stakeholders.
from 1,115 to 858. 8. The Broadway-Fillmore area
and 998 Broadway in particular
Also, included in this report is a category called "special",
enjoys significant economic development incentives including
which reflects the highest number of calls in a miscellaneous
a) New York State Empire Zone; b) Federal Renewal
(misc.) category, which includes nearly 90 different types of
Community' and c) A designated Urban Renewal Area.
service calls.
Hypothetical analysis of what these benefits could mean to a
For comparative purposes, the following are rankings by
business - whether large or small-will be compiled.
council districts for total service calls from 2001 to 2002:
9. As stated, any re-use plan of 998 Broadway will involve
REFERRED TO THE COMMITTEE ON FINANCE
working collectively with multiple stakeholders to reach a
shared objective including HSBC who holds the mortgage on
FROM THE BOARD OF PARKING
the property.
NO. 2
By working with the aforementioned stakeholders, collectively
RESULTS OF BID
we will develop tangible ideas for the re-use of 998 Broadway
AUD LOT NO. 1, 2 AND 3
and an action plan for its implementation.
The existing three year lease for the above mentioned
REFERRED TO THE COMMITTEE ON COMMUNITY
parking .lots is about to expire. The Board of Parking advertised
DEVELOPMENT
for new three year leases on January 6, 2003. A public bid
opening was held on January 30, 2003 at 11:00 a.m. in the
FROM THE COMPTROLLER
office of the Board of parking, 1801 City Hall. The results are
NO. 4
as follows:
CERTIFICATE OF APPOINTMENT
Current annual rental is $23,040
Appointment Effective: 1/10/03 In the Department of: Audit
Annual Rental
and Control, Division of Audit to the Position of Senior Auditor,
Pro Park
LLC Temporary
465 Main Street - Suite 150 Appointment at the Intermediate Starting Salary $38,385
Buffalo, NY 14203 $15,360 James Messina, 81 Fargo Street, Buffalo, NY 14201
There was one other bidder, Allright NY Parking, who bid REFERRED TO THE COMMITTEE ON CIVIL SERVICE
$28,000 conditioned on the Sabres operating as a NBL
Franchise. The Allright NY bid was rejected due to the FROM THE PRESIDENT OF THE COUNCIL
amendment and condition placed on their bid. NO. 5
At this time we would recommend a one (1) year lease to LETTER TO BRUCE COLEMAN ACCEPTING REQ APPT
ProPark LLC as the highest responsible bidder in the amount ENV MNGT COMM
of $15,360. We will re-bid this operation in one year and I received your letter requesting that Professor Joseph
hopefully the Sabres situation will be settled. Gardella be appointed to the Buffalo Environmental
REFERRED TO THE COMMITTEE ON FINANCE Management Commission.
It is my pleasure to appoint Dr. Gardella not only because of his
FROM THE OFFICE OF STRATEGIC PLANNING expertise, but also because of his commitment to better the
NO. 3 quality of life within the City of Buffalo. Dr. Gardella's
RESPONSE TO COUNCILMEMBER FRANCZYK'S involvement with the City's Pest Management Board and other
RESOLUTION environmental issues with many of the City's neighborhoods
K-MART FALL BACK will provide a unique presence for the Commission.
ITEM NO. 152, C.C.P. 1/21/03 Dr. Gardella can begin serving on the Commission immediately
9 Point Plan for the Re-use of 998 Broadway - because he has already been certified as not having any
Framework for discussion for former K-Mart in outstanding liabilities against the City through his appointment
Broadway-Fillmore to the Pest Management Board.
Immediately after K-Mart's unfortunate announcement, Please call if you have a question.
discussions were held to develop an action plan to attract new RECEIVED AND FILED
development to this site.
FROM THE COMMISSIONER OF PUBLIC WORKS, Pennsylvania Street and the north
PARKS AND STREETS property line of Kleinhans Music Hall.
NO. 6 This action is being taken to
STOP SIGNS (ALL-WAY) - INSTALL improve traffic circulation around
NOTIFICATION SERIAL # 9583 INSTALL STOP SIGNS IN Kleinhans Music Hall, at the request
PARKRIDGE AVENUE AT LISBON AVENUE of the District Councilmember.
In conformity with Section 49 of Chapter 479 of the (see previous 2 and next serials)
Ordinances of the City of Buffalo, the City Engineer hereby NOTIFICATION SERIAL # 9587 INSTALL NO PARKING ON
notifies Your Honorable Body of this action supplementing, NORMAL AVENUE, WEST SIDE BETWEEN
amending, or repealing existing provisions of Chapter 479 of PENNSYLVANIA STREET AND JERSEY STREET
the Ordinances, as stated below, to be effective forty five days NO PARKING - INSTALL
after the first Council meeting at which they appear on the In conformity with Section 49 of Chapter 479 of the Ordinances
agenda as an item business. of the City of Buffalo, the City Engineer hereby notifies Your
That that part of Subdivision 9 Section 11 of Chapter 479 of Honorable Body of this action supplementing, amending, or
Ordinances of the City of Buffalo be supplemented by adding repealing existing provisions of Chapter 479 of the Ordinances,
thereto the following STOP SIGNS as stated below, to be effective forty five days after the first
VEHICLES ON SHALL STOP BEFORE Council meeting at which they appear on the agenda as an item
ENTERING business.
Parkridge Avenue Lisbon Avenue That that part of Subdivision 24 Section 15 of Chapter 479 of
This action is being taken as a result of an investigation into the Ordinances of the City of Buffalo be supplemented by adding
accident history of this intersection precipitated by a written thereto the following NO PARKING
request for all-way stop control. The results of this investigation PROHIBITED PORTION OF HIGHWAY PROHIBITED
indicate that this intersection meets criteria established by the PERIOD
Federal Highway Administration and the New York State Normal Avenue, west side between At all
Manual of Uniform Traffic Control Devices for the times.
establishment of multiway stop applications. Pennsylvania Street and Jersey Street
This action is being taken to improve traffic circulation around
NOTIFICATION SERIAL # 9584 REPEAL ONE-WAY Kleinhans Music Hall, at the request of the District
STREET DIRECTION NORMAL AVENUE - NORTHBOUND Councilmember. (see previous 3 serials)
FROM PENNSYLVANIA STREET TO JERSEY STREET - NOTIFICATION SERIAL # 9588
PORTER AVENUE NO STANDING - REPEAL ON WEST GENESEE STREET,
ONE-WAY STREET DIRECTION - REPEAL NORTH SIDE BETWEEN SEVENTH STREET AND
In conformity with Section 49 of Chapter 479 of the Ordinances FOURTH STREET
of the City of Buffalo, the City Engineer hereby notifies Your In conformity with Section 49 of Chapter 479 of the
Honorable Body of this action supplementing, amending, or Ordinances of the City of Buffalo, the City Engineer hereby
repealing existing provisions of Chapter 479 of the Ordinances, notifies Your Honorable Body of this action supplementing,
as stated below, to be effective forty five days after the first amending, or repealing existing provisions of Chapter 479 of
Council meeting at which they appear on the agenda as an item the Ordinances, as stated below, to be effective forty five days
business. after the first Council meeting at which they appear on the
That that part of Section 22 of Chapter 479 of Ordinances of agenda as an item business.
the City of Buffalo be supplemented by repealing therefrom the That that part of Subdivision 22 Section 15 of Chapter 479 of
following: ONE WAY STREET DIRECTION Ordinances of the City of Buffalo be supplemented by repealing
NAME OF STREET DIRECTION OF TRAFFIC therefrom the following: NO STANDING
MOVEMENT PROHIBITED PORTION OF HIGHWAY PROHIBITED
Normal Avenue from northbound PERIOD - DAILY
Pennsylvania Avenue to West Genesee Street, north side At all times
Jersey Street - Porter Avenue between Seventh Street and Fourth Street
This action is being taken to improve traffic circulation around This action is being taken at the request of the Police Court
Kleinhans Music Hall, at the request of the District Liaison Office to provide on-street parking for Buffalo Police
Councilmember. (see next 3 serials) Officers for
NOTIFICATION SERIAL # 9585 court time. (see next serial)
INSTALL STOP SIGNS NOTIFICATION SERIAL # 9589
IN NORMAL AVENUE INSTALL NO PARKING EXCEPT
AT PENNSYLVANIA STREET POLICE COURT LIAISON OFFICE
STOP SIGNS - INSTALL ON WEST GENESEE STREET, NORTH SIDE
In conformity with Section 49 of Chapter 479 of the Ordinances BETWEEN SEVENTH STREET
of the City of Buffalo, the City Engineer hereby notifies Your AND FOURTH STREET
Honorable Body of this action supplementing, amending, or NO PARKING - INSTALL
repealing existing provisions of Chapter 479 of the Ordinances, In conformity with Section 49 of Chapter 479 of the Ordinances
as stated of the City of Buffalo, the City Engineer hereby notifies Your
below, to be effective forty five days after the first Council Honorable Body of this action supplementing, amending, or
meeting at which they appear on the agenda as an item repealing existing provisions of Chapter 479 of the Ordinances,
business. as stated below, to be effective forty five days after the first
That that part of Subdivision 9 Section I I of Chapter 479 of Council meeting at which they appear on the agenda as an item
Ordinances of the City of Buffalo be supplemented by adding business.
thereto the following: STOP SIGNS That that part of Subdivision 24 Section 15 of Chapter 479 of
VEHICLES ON SHALL STOP BEFORE ENTERING Ordinances of the City of Buffalo be supplemented by adding
Normal Avenue Pennsylvania Street thereto the following: NO PARKING
This action is being taken to improve traffic circulation around PROHIBITED PORTION OF HIGHWAY PROHIBITED
Kleinhans Music Hall, at the request of the District PERIOD
Councilmember. (see previous and next 2 serials) West Genesee Street, north side At all times
NOTIFICATION SERIAL # 9586 between Seventh Street
NO STANDING - REPEAL Except Police Court Liaison Office
ON NORMAL AVENUE, WEST SIDE and Fourth Street
BETWEEN PENNSYLVANIA STREET This action is being taken at the request of the Police Court
AND THE NORTH PROPERTY LINE OF Liaison Office to provide on-street parking for Buffalo Police
KLEINHANS MUSIC HALL Officers for court time. (see previous serial)
NO STANDING - REPEAL NOTIFICATION SERIAL # 9590
In conformity with Section 49 of Chapter 479 of the Ordinances NO STANDING - REPEAL
of the City of Buffalo, the City Engineer hereby notifies Your ON EAST HURON STREET, NORTH SIDE
Honorable Body of this action supplementing, amending, or BETWEEN OAK STREET
repealing existing provisions of Chapter 479 of the Ordinances, AND A POINT 175' WEST THEREFROM
as stated below, to be effective forty five days after the first NO STANDING - REPEAL
Council meeting at which they appear on the agenda as an item In conformity with Section 49 of Chapter 479 of the Ordinances
business. of the City of Buffalo, the City Engineer hereby notifies Your
That that part of Subdivision 22 Section 15 of Chapter 479 of Honorable Body of this action supplementing, amending, or
Ordinances of the City of Buffalo be supplemented by repealing repealing existing provisions of Chapter 479 of the Ordinances,
therefrom the following: NO STANDING as stated below, to be effective forty five days after the first
PROHIBITED PORTION OF HIGHWAY PROHIBITED Council meeting at which they appear on the agenda as an item
PERIOD - DAILY business.
Normal Avenue, west side between At all
times
That that part of Subdivision 22 Section 15 of Chapter 479 of CERTIFICATE OF APPOINTMENT
Ordinances of the City of Buffalo be supplemented by repealing Appointment Effective 1/28/03 in the Department of Public
therefrom the following: NO STANDING Works Parks & Streets, Division of Engineering to the Position
PROHIBITED PORTION OF HIGHWAY PROHIBITED of Engineering Inspector, Permanent Appointment at the
PERIOD - DAILY intermediate Starting Salary of $37,848.00
East Huron Street, north At all Jeffrey A. Zirnheld, 655 Amherst St., Buffalo, NY 14207
times. REFERRED TO THE COMMITTEE ON CIVIL SERVICE
side between Oak Street
and a point 175' west therefrom FROM THE COMMISSIONER OF POLICE
This action is being taken at the request of the District NO. 10
Councilmember in order to allow for the legal loading and DRUG ASSET FORFEITURE CHECKS RECEIVED
unloading of merchandise at a local business establishment. 1TERN NO. 104, C.C.P. 2/2/88
(see next serial) 8155-00117325 C2-02-0065 $ 982.23
NOTIFICATION SERIAL # 9591 8155-00117399 C2-00-0123 1,091.96
INSTALL NO PARKING 8155-00117278 C2-02-0108 123.99
ON EAST HURON STREET, NORTH SIDE 8155-00117278 C2-02-0112 325.18
BETWEEN OAK STREET 8155-00117278 C2-02-0 100 677.35
AND A POINT 175' WEST THEREFROM 8155-00117278 C2-02-0063 484.09
NO PARKING - INSTALL 8155-00117168 C2-00-0024 209.60
In conformity with Section 49 of Chapter 479 of the Ordinances 8155-00117218 C2-02-0091 77.35
of the City of Buffalo, the City Engineer hereby notifies Your TOTAL DEPOSIT $ 3,971.75
Honorable Body of this action supplementing, amending, or The above referenced property has been administratively
repealing existing provisions of Chapter 479 of the Ordinances, forfeited by the Drug Enforcement Administration.
as stated (DEA). The checks were received by this Department and duly
below, to be effective forty five days after the first Council deposited in the Trust & Agency Account,#20010000-389001.
meeting at which they appear on the agenda as an item These funds will be placed into one or more of the following
business. accounts as deemed by the Commissioner of Police:
That that part of Subdivision 24 Section 15 of Chapter 479 of Educational Training/Seminar
Ordinances of the City of Buffalo be supplemented by adding Confidential Funds
thereto the following NO PARKING Materials and Supplies
PROHIBITED PORTION OF HIGHWAY PROHIBITED Firearms and Weapons
PERIOD Communications and Computers
East Huron Street, north side At all times. Electrical Surveillance
between Oak Street Purchase of Services
and a point 175' west therefrom Improvements
This action is being taken at the request of the District Vehicles
Councilmember in order to allow for the legal loading and Operating Equipment
unloading of merchandise at a local business establishment. If you have any questions regarding the above mentioned,
(see previous serial) please contact Chief Edward Hempling at 851-518 1.
Mrs. LoTempio made a motion to Waive 45 Day waiting period RECEIVED AND FILED
RECEIVED AND FILED
NO. 11
NO. 7 CERTIFICATE OF APPOINTMENT
CHANGE IN CONTRACT Appointment Effective: January 27, 2003 in the Department
CITY HALL of: Police to the Position of Cellblock Attendant Temporary
STAIR TOWER & FIRE PROTECTION SYSTEM Appointment
MODIFICATIONS at the Maximum Starting Salary of $ 29,604
hereby submit to Your Honorable Body the following John S. Petch, 96 Harding Road, Buffalo, New York 14220
changes for City Hall, Stair Tower & Fire Protection System, REFERRED TO THE COMMITTEE ON CIVIL SERVICE
New Era Construction, C #92010647. FROM THE COMMISSIONER OF FIRE
st
1. Furnish and install lockset for 1 floor door
replacement. Add $ 431.25 NO. 12
The foregoing change results in a net increase in the contract U.B. Study Phase I
of Four Hundred Thirty One and 25/100 Dollars ($481.25). Attached please find the CD regarding the "U.B. Study
Summary: Current Contract Amount $180,137.55 Phase I "
Amount of This Change Order (#2) Add $ 431.25 CD is available for review at the City Clerks office
Revised Contract Amount $180,568.80 REFERRED TO THE COMMITTEE ON BUDGET
Costs have been reviewed by the Consulting Engineer
(DiDonato Associates, PE, PC) and the Department of Public NO. 13
Works, Parks & Streets and were found to be fair and CERTIFICATE OF APPOINTMENT
equitable. Funds for this work are available in CPF 36322206 APPOINTMENT EFFECTIVE: February 3, 2003 IN THE
445100 -Division of Buildings. DEPARTMENT OF: Fire TO THE POSITION OF: Battalion
I request that Your Honorable Body authorize the Chief
Commissioner of Public Works, Parks & Streets to issue a Permanent appointment at the: FLAT Starting salary of:
change order to the contractor as set forth above. $64,801
Mrs. LoTempio moved: Scott Barry 85 Eaglewood Buffalo, 14220
That the above communication from the Commissioner of REASON FOR APPT. ABOVE THE MINIMUM:
Public Works, Parks and Streets dated January 21, 2003, be REFERRED TO THE COMMITTEE ON CIVIL SERVICE
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, NO. 14
and he hereby is authorized to issue change order No. 2, to CERTIFICATE OF APPOINTMENT
New Era Construction, an increase in the amount of $431.25, APPOINTMENT EFFECTIVE: February 3, 2003 IN THE
as more fully described in the above communication, for work DEPARTMENT OF: Fire TO THE POSITION OF: Fire
relating to City Hall, Stair Tower & Fire Protection System, C Captain
#92010647. Funds for this project are available in CPF permanent contingent promotion at the: flat
36322206 445 100 - Division of Buildings. Starting salary of: $59,432 Jeffrey Roberts 6818 Milestrip Road
PASSED Orchard Park, 14127
AYES - 12 NOES - 0 REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 8 NO. 15
JUBILEE CENTER - 1936 NIAGARA ST. CERTIFICATE OF APPOINTMENT
Please be advised that effective February 28, 2003, this APPOINTMENT EFFECTIVE: February 3, 2003 IN THE
department will no longer be using 1936 Niagara St. as a DEPARTMENT OF: Fire TO THE POSITION OF: Fire
recreation center. The building can, therefore, be turned over to Lieutenant
the Division of Real Estate for disposal. We have been advised Permanent promotion flat Starting salary of: $56, 560
that the adjacent property owners may have some interest in Patrick Carrig 38 Tuscarora 14220
acquiring this building. Brian Horwood 28 Sickmon Hamburg, 14075
REFERRED TO THE COMMITTEE ON FINANCE, THE REFERRED TO THE COMMITTEE ON CIVIL SERVICE
DIRECTOR OF REAL ESTATE AND THE CORPORATION
COUNSEL NO. 16
CERTIFICATE OF APPOINTMENT
NO. 9
APPOINTMENT EFFECTIVE: February 3, 2003 IN THE RECEIVED AND FILED
DEPARTMENT OF: Fire TO THE POSITION OF: Fire
Lieutenant NO. 19
permanent contingent promotion flat Starting salary of: $56, Review of Nominees for Re
560 Appointment-Appraisal Review
Jeffrey Stauffilger 1002 Forest Edge E. Amherst, 14051 Board C.C.P., 1/21/03, #2
John Murphy 52 Lincoln Blvd. Kenmore, 14217 The Corporation Counsel conferred with the Division of
Timothy Reid 805 McKinley Buffalo, 14220 Collections and reports (as verified by that Division as of
REFERRED TO THE COMMITTEE ON CIVIL SERVICE January 27, 2003) that the following nominee to the Appraisal
Review Board has no outstanding debts to the City:
FROM THE CORPORATION COUNSEL Joseph Sole
RECEIVED AND FILED
NO. 17
Assistant Corporation Counsel List NO. 20
Item No. 146, C.C.P., 1/21/ 2003 Review of Nominees for Re
You requested a fist of the attorneys currently serving in the Appointment-Emergency Medical
Corporation Counsel's Office and their primary assignments. Services Board
The fist is provided below. C.C.P., 1/21/03, #5
Michael B. Risman Corporation Counsel Chief legal advisor to The Corporation Counsel conferred with the Division of
the City of Buffalo and all of its officers, departments, agencies Collections and reports (as verified by that Division as of
and boards, including the Mayor, the Common Council, the January 27, 2003) that the following nominee to the Emergency
Board of Education, the Joint Schools Construction Board and Medical Services Board has no outstanding debts to the City:
the Buffalo Sewer Authority. All of the Deputies and Assistant James P. Keane
Corporation Counsels fisted below assist me in performing my Clark E. Eaton
legal duties and their assignments can change depending on RECEIVED AND FILED
the needs of the above listed entities.
David J. State Senior Deputy Corporation Counsel Law N0. 21
Department manager and litigation chief, major special projects Review of Nominees for Re
(some examples include NYS Power Authority re licensing, Appointment-Zoning Board of
Seneca gaming and CTS environmental litigation) Appeals
Kevin I Keane Deputy Corporation Counsel Assists in C.C.P., 1/21/03, #6
departmental management, litigation and major special projects The Corporation Counsel conferred with the Division of
(some examples include Seneca gaming, NYS Building Code Collections and reports (as verified by that Division as of
adoption) January 27, 2003) that the following nominee to the Zoning
J. Richard Benitez Board of Education labor and employment Board of Appeals has no outstanding debts to the City:
law, human rights litigation Anthony N. Diina
Karen Curtin Personal injury litigation William J. Collins, Jr.
Lenora B. Foote Housing Court, Administrative Adjudication, Warren F. Glover
Zoning Board of Appeals and City Planning Board RECEIVED AND FILED
Carmen J. Gentile Personal injury litigation
Craig D. Hannah Personal injury litigation FROM THE COMMISSIONER OF PERMIT & INSPECTION
David R. Hayes Federal litigation, Board of Ethics, Commission SERVICES
on Citizens Rights and Community Relations, and the Common
Council NO. 22
Denise M. Malican Board of Education - special education and Certificate of Appointment
labor and employment matters (position funded by the Board of Appointment Effective: January 27, 2003 in the Department
Education) of
Joyce J. Manch Dept. of Assessment and Taxation, tax Permit and Inspection Services Division of Licenses to the
assessment proceedings, Parking Violations Bureau, utilities Position of License Inspector PROVISIONAL APPOINTMENT
issues INTERMEDIATE Starting Salary of $34,893.
Darryl McPherson Common Council, City Charter and Code Ronald Deschenes 338 North Park Avenue Buffalo, NY 14216
issues, Office of Telecommunications, Utilities and Franchises, REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Administrative Adjudication, Office of Licenses
Ilo N. Noble Division of Real Estate, in-rem foreclosures, NO. 23
purchase and sale of real property Certificate of Appointment
Diane O'Gorman Police Department - disciplinary matters, Appointment Effective: January 27, 2003 in the Department
FOIL requests, day to day legal advice (position exists in the of Permit and Inspection Services Division of Licenses to the
Police Dept. budget) Position of
Christopher Putrino Fire Department - disciplinary matters, day Typist PERMANENT APPOINTMENT MAXIMUM Starting
to day legal advice (position exists in the Fire Dept. budget) Salary of $26,505.
Jeffery E. Reed Fire Department (labor), Department of Human Judy Doyle 330 Sanders Road Buffalo, NY 14216
Resources, bankruptcy, labor and employment law REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Edward J. Taublieb Personal injury litigation
Joy C. Trotter Board of Education (labor and education law) FROM THE COMMISSIONER OF ADMINISTRATION AND
Matthew C. Van Vessem labor and employment law FINANCE
Police Department (labor), Civil Service Administration,
It should be noted that there is currently one position vacant, NO. 24
which has historically been dedicated to environmental law and P.Potts-Avoidable Alarms
litigation, which dealt primarily with the Office of Strategic Item #79, C.C.P. December 26, 2002
Planning, the Office of the Environment and the Common I have reviewed the item and can say only that the ordinance
Council. and fine structure that was passed by the Council distinguishes
Though these individuals all offer their advice and skills to the between avoidable alarms (nuisance calls) and actual incident
departments and areas to which they are assigned, they are alarms; the former, by definition can be avoided through the
always operating under my authority and direction. The use of more modem technology or other preventative
Corporation Counsel has the final word on any question of measures.
strategy, legal opinions, recommended settlements or other It is precisely because we do not want police officers
disposition of legal matters. responding to nuisance alarms that the ordinance was passed.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE The fine structure was adopted to provide an incentive to
individuals to fix their alarms so they do not continue to strain
NO. 18 our service- delivery capability.
Review of Nominees for Re REFERRED TO THE COMMITTEE ON BUDGET
Appointment-Buffalo Water Board
C.C,P., 12/10/02, No. 1 NO. 25
The Corporation Counsel conferred with the Division of Legal Counsel for Common Council of City of Buffalo
Collections and reports (as verified by that Division as of Item #94, C.C.P. January 7, 2003
December 24, 2002) that the following nominees to the Buffalo The process for requesting a Salary Ordinance Amendment
Water Board have no outstanding debts to the City: (SOA) normally begins at the departmental level where all
James B. Milroy affected departments have agreed to the amendment. For
Victoria J. Saxon reasons that he has articulated previously, Mr. Risman does
John R. Sole not support this proposed SOA.
Warren K. Galloway From my perspective it would be better if the Council were to
Charles L. McGriff request a SOA that eliminated positions within the Council
budget to fund the position. If the Council were to make such a I transmit herewith certificates received by me, reporting
request and demonstrate that the position can be added within seasonal and flat salary appointments made in various
your budgetary constraints and early retirement savings departments.
requirements, then my department will prepare and file the RECEIVED AND FILED.
SOA with the Council for its consideration. Provided the item CERTIFICATE OF APPOINTMENT
passes the Council, and subject to the other requirements Appointment Effective January 24,2002 in the Department of
associated with amending the Salary Ordinances, you will have Public Works, Parks, Streets to the Position of Laborer II,
accomplished what the resolution calls for. Seasonal at the FLAT starting salary of $8.15/hr
REFERRED TO THE COMMITTEE ON FINANCE Gerald Beftingen, 925 West Avenue, Buffalo 14213
William Cornell, 115 15th Street, Buffalo 14213
FROM THE COMMISSIONER OF COMMUNITY SERVICES Griffith Daniel, 608 Tonawanda, Buffalo 14207
Stock Jason, 46 Britt, Buffalo 14220
NO. 26 CERTIFICATE OF APPOINTMENT
Second Quarterly Report Appointment Effective January 29,2003 in the Department of
Division of Substance Abuse Services Public Works, Parks, Streets, Division of Recreation to the
Enclosed please find for your information, the Second Position of Laborer II, SEASONAL at the FLAT Starting Salary
Quarterly of $8.15 ph
Report on the Division of Substance Abuse Services. VonderEmpten Kevin, 86 Mayer, Buffalo 14207
COPY AVILABLE IN THE CITY CLERKS OFFICE FOR CERTIFICATE OF APPOINTMENT
REVIEW Appointment Effective January 27,2003 in the Department of
REFERRED TO THE COMMITTEE ON BUDGET Public Works, Parks, Streets, Division of Recreation to the
Position of
FROM THE BUFFALO ECONOMIC RENAISSANCE Laborer II, SEASONAL at the FLAT Starting Salary of
CORPORATION $8.15/hr
Arnorosi Mary, 278 Colvin, Buffalo 14216
NO. 27 Carey Roxanne, 83 Hartwell, Buffalo 14216
Contract Personnel (BERC) Smith Korry, 568 West Utica, Buffalo 14213
Item No. Com 59 C.C.P. 12/26/02 Wilkinson Jim, 83 Philadelphia, Buffalo 14207
In response to your request that BERC give an update on Frankhauser Christopher, 67 Wellington Road, Buffalo 14216
their internal review regarding contract employees, the review Molson William Jr, 383 Perry, Buffalo 14204
has not been completed. We have asked the Comptroller's Rogers Stephen, 69 19th Street, Buffalo 14213
Office to assist us in the review of our personal services Wachowicz Michael, 147 Barnard, Buffalo 14206
contracts. We will send a formal update to the Council when
the review is complete. NO. 33
REFERRED TO THE COMMITTEE ON FINANCE APPOINTMENTS - TEMPORARY, PROVISIONAL OR
PERMANENT
NO. 28 I transmit herewith Appointments in the various departments
Update on Federal Investments in Buffalo's Waterfront made at the Minimum (Temporary, Provisional or Permanent)
Projects and for Appointments at the Maximum (as per contract
The following is a copy of a letter and a status report sent to requirements) .
Congressman Jack Quinn dated January 9, 2003 in response REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
to his request for an update on the City of Buffalo's waterfront CERTIFICATE OF APPOINTMENT
projects and the federal monies allotted for them. Appointment Effective: January 27, 2003 in the Department
REFERRED TO THE COMMITTEE ON COMMUNITY of Police, to the Position of Cellblock Attendant, Temporary
DEVELOPMENT Appointment
at the Minimum Starting Salary of $ 26,458
FROM THE CITY CLERK Frank J. Puma, Jr., 387 Sanders Road, Buffalo, New York
NO. 29 14216
LIQUOR LICENSE APPLICATIONS CERTIFICATE OF APPOINTMENT
Attached hereto are communications from persons applying Appointment Effective: 1/28/03 in the Department of Public
for liquor licenses from the Erie County Alcohol Beverage Works Parks & Streets, Division of Engineering to the Position
Control Board. of Engineering Inspector, Permanent Appointment at the
Address Business Name Owner's Name Minimum Starting Salary of $33,883
1457-1459 Hertel Andrew L. D'Amico Andrew L. D'Amico Thomas J. Duk, 56 Shenadoah Rd., Buffalo, NY 14220
RECEIVED AND FILED CERTIFICATE OF APPOINTMENT
Appointment Effective: January 29, 2003 in the Department
NO. 30 of Public Works, Parks & Streets, Division of Buildings to the
LEAVES OF ABSENCE WITHOUT PAY Position of Senior First Class Stationary Engineer, Temporary
I transmit herewith notifications received by me, reporting the (As required)
granting of the leaves of absence without pay, in the various Appointment at the Flat Starting Salary of $10.25
departments as listed: John V. LoTempio, Wilbury Place, Buffalo 14216
57
x Comptroller- Michael Szukala
CERTIFICATE OF APPOINTMENT
X Public Works, Streets & Parks- Justin Collins, Mark
Appointment Effective January 28, 2003 in the Department of
Bonadonna, William Appenheii, Deborah Kader
Public Works, Parks & Streets, Division of Buildings to the
x Police- Frank Puma, Kimberly Mays
Position of Senior First Class Stationary Engineer Temporary
X Permit and Inspection Services- Michael Muscarella
(As required) Appointment
RECEIVED AND FILED.
at the Flat starting salary of $10.25/hr
Richard M. Veroba, 24 Lester Street, Buffalo 14210
NO. 31
Thomas J. Pyjas, 29 Garvey Avenue, Buffalo 14220
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
CERTIFICATE OF APPOINTMENT
I transmit herewith appointments to the position of Council
Appointment Effective January 24, 2003, in the Department
Intern.
of Public Works, Parks & Streets, Division of Buildings
Mrs. LoTempio moved the approval of the appointments to the
to the Position of Senior First Class Stationary Engineer,
position of Council Intern.
Temporary Appointment
ADOPTED.
at the Flat Starting Salary of $ 10.25/hr
Gerald Lewandowski, 173 Eden Street, Buffalo 14220
CERTIFICATE OF APPOINTMENT
Daniel J. Tattenbaum, 482 Taunton Place, Buffalo 14216
Appointment Effective: January 2, 2003 in the Department of
CERTIFICATE OF APPOINTMENT
Common Council to the Position of Intern v, Seasonal
Appointment Effective January 21, 2003 in the Department of
Non-Competitive at the Flat Starting Salary of: $8.00 /HR
Public Works, Parks & Streets, Division of Water to the
Jeffrey Johnson, 34 Stevens St. ,Buffalo, NY 14215
Position of Caulker
Permanent Non-Competitive at the Minimum Starting Salary of
CERTIFICATE OF APPOINTMENT
$31,365
Appointment Effective 01/28/2003 in the Department of
Glenn Bender, 266 Lisbon Avenue, Buffalo, New York 14215
COMMON COUNCIL to the Position of INTERN IV,
Brian Bruyere, 392 Hewett Avenue, Buffalo, New York 14215
SEASONAL NON-COMPETITIVE at the FLAT Starting Salary
John Marinaccio, 420 West Delavan Ave, Buffalo, New York
of $6.00/HOUR
14213
CANDACE M. AIELLO, 112 BAXTER ST, BUFFALO, NY
Willie Pennyamon, 24 Paderewski Drive, Buffalo, New York
14207
14212
CERTIFICATE OF APPOINTMENT
NO. 32
NOTICES OF APPOINTMENTS - SEASONAL/FLAT
Appointment Effective January 21, 2003 in the Department of We would be happy to meet with all members of the Buffalo
Public Works, Parks & Streets, Division of Water to the Common Council at their convenience to discuss MBBA's
Position of Caulker Program.
Temporary Non-Competitive at the Minimum Starting Salary of REFERRED TO THE COMMITTEE ON BUDGET
$31,365
David P. Zielinski, Jr., 224 Geary Street, Buffalo, New York NO. 35
14210 ASBURY DELAWARE CHURCH REDEV. PROJECT
Please file the attached letter regarding Asbury Delaware
Church for the upcoming Council Session to be held on
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND
Tuesday, February 4, 2002.
REMONSTRANCES
Should you require any further information, please feel free to
NON-OFFICIAL COMMUNICATIONS
contact my office at 851-4980. Thank you.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR
NO. 34
REVIEW
M. COOPER MBBA’S TAX LIEN PROGRAM
REFERRED TO THE COMMITTEE ON COMMUNITY
I want to update you on the status of MBBA's first Tax Lien
DEVELOPMENT
Program transaction. As you know, we have received updated
data from your assessor's office and, based on that, have
provided a revised estimate of the advance rate that Buffalo NO. 36
would receive if the Common Council approves participation in Greenway Implementation Plan
the Program. Due diligence on properties in Buffalo and the Please file the attached Greenway Implementation Plan that
other municipalities that are likely to participate is underway, was produced for the Common Council and the Department of
meetings with the rating agencies are scheduled for late Community Development Department in 1998 This document
February, draft transaction documents have been forwarded to provides an inclusive, phased plan for constructing a public
all corporation counsel offices, and we are on track to close the access Greenway System for the City of Buffalo. Inasmuch as
first transaction in early April. several Councilmembers have taken office since 1998, 1
MBBA staff reviewed the letter sent by XSPAND to members wanted to give the Council a chance to become reacquainted
of Buffalo's Common Council in which a comparison is with this document that provides a blue print for public access
attempted between the services they offer and MBBA's Tax on our redeveloping waterfront.
Lien Program. It seems unclear whether XSPAND is offering to COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR
(1) provide a cash advance against anticipated collections on REVIEW
Buffalo's liens, (2) purchase the liens outright from Buffalo, or REFERRED TO THE COMMITTEE ON COMMUNITY
(3) act as an agent or broker to sell Buffalo's liens to a third DEVELOPMENT
party. If Buffalo is contemplating selling its liens to XSPAND,
please note that there is nothing, in State law that would NO. 37
expressly authorize Buffalo or any other city to sell its liens to TREE PROBLEM
anyone other than the MBBA BRINTON ST.
Leaving aside legal issues and the uncertainty of the identity of Please file the enclosed correspondence for Tuesday,
an ultimate purchaser in the XSPAND proposal, there are February 4, 2003 Common Council Meeting.
significant differences between getting a cash advance from a Thank you for your attention to this matter.
private company like XSPAND versus participation in MBBA's Note: There are two main reasons for wanting these trees
program. We believe MBBA's program has more to offer trimmed is. 1) they are growing over our house and running the
Buffalo (and all participating municipalities) for the following roof
reasons: 2) dead tree branches have fallen on our cars and our son had
MBBA's program maximizes the value of tax liens. The cash a very close call with a tree branch over the summer
advance paid at closing will be the maximum approved by the Thank You for your promptness in this matter!
rating agencies. In addition, MBBA's Program provides a REFERRED TO THE COMMITTEE ON FINANCE AND THE
residual interest, which entitles Buffalo to collections in excess COMMISSIONER OF PUBLIC WORKS
of the advance after the bonds are retired and transaction
expenses are paid. Transaction expenses are anticipated to be NO. 38
low - - 4% - 7% of the bond amount. The bonds are COMMENTS
non-recourse to Buffalo, and the residual interest mitigates the MARK HAMISTER
risk that Buffalo would be underpaid for its liens. Please file this letter for the next Common Council meeting
Buffalo decides which liens they wish to sell to MBBA to be held on February 4, 2003. Thank you, for your assistance
(including bankruptcies and properties with typical in this matter.
environmental issues). Once liens are sold to MBBA, they are Please be advised that the action being taken by you and your
all pursued with equal vigor since the servicer has a fiduciary colleagues may violate certain rights of the tax payers. The deal
responsibility to bondholders and a financial incentive to that your colleagues are trying to strike up with Mark Hamister
maximize collections from all participating municipalities. and his group may in fact be illegal. You need to know a lot
To help minimize transaction expenses, JER's compensation about who you are dealing with and that group is out for one
structure reflects the fact that certain liens are more expensive thing make a profit and sell the team later on. Mark Hamister
to enforce than other liens. JER's compensation is higher for has to do the same things we all need to do when asking for
liens that require more staff resources. money
MBBA is staffed by the same professionals who operate the 1. he must have a business plan and has to show proof that he
New York State Housing Finance Agency ("HFA") and the can do it before getting any taxpayer money.
State of New York Mortgage Agency ("SONYMA"). HFA and 2. Because the Arena is owned by the taxpayer he must get
SONYMA have issued over $8 billion of bonds since 1995 to approval from the people in a way that means a vote, we have
provide affordable housing. As public benefit corporations we to vote on it. If we don’t get to than he and government is in
are experienced in minimizing transaction costs in order to violation of the peoples rights.
serve the public interest. Our reputation with rating agencies 3. You need to look at the books of the arena and the staffing
and Wall Street is stellar. like who is who and what job do they do. You also need to see
MBBA's access to the bond market ensures that funds will be what really needs to be done so ask questions and find out
obtained at the lowest borrowing rate and will be available to because if you don Y you and all of us will be left with a money
pay municipalities at closing, which is anticipated to be April pit.
2003. 4. If this thing fails and he is able to walk out then I think you
JER Revenue Services, which will pursue collections on all may be out of a job when it comes time for re-election so I
liens sold to MBBA, has a track record with Wall Street and would think a little first.
with municipalities for maximizing collections while treating And last it is more important to get jobs here and real industry
taxpayers respectfully and providing options that will enable than to play around with sports. How can we go to a game if we
taxpayers to avoid foreclosure. MBBA selected JER through a have no jobs. No jobs = no money = no sales = no Mark
public competitive Request for Proposals process. JER has Hamister -- BANKRUPTCY
been the lead servicer on all nine New York City tax lien PLEASE DO YOUR PART FOR THE KIDS AND FAMILIES
transactions, during which time there has been no adverse OF BUFFALO AND ERIE COUNTY THEYARE YOUR LAST
publicity. HOPE AND OUR FUTURE.
MBBA is committed to providing municipalities with the best REFERRED TO THE COMMITTEE ON FINANCE
possible means of generating revenue from delinquent tax
liens. Like our sister agencies HFA and SONYMA our mission NO. 39
is to provide financing programs that improve the economic MAINT./SECURITY PLAN
vitality of the State of New York. As State agencies we are well NFTA PROPERTY
aware of the public scrutiny that such programs can generate ST LAWRENCE/TAUNTON
and have been mindful of this when selecting our transaction As a result of the meeting regarding NFTA's property
team of financial advisor, servicer and underwriters. adjacent to St. Lawrence and Taunton Avenues, the following
maintenance and security plans will be implemented in that The members of the South Park Golf Club wish to voice
area. their concern over the golf fees that are charged for the City of
The NFTA, in conjunction with the Mayor's Impact Team, has Buffalo golf courses, and the lack of a nine (9) hole daily rate
supplied equipment and laborers to remove disabled vehicles, for the South Park and Cazenovia golf courses. Prior to last
garbage dumped without authorization and overgrown year the Common Council approved an increase in the annual
vegetation. The initial cleanup will take four to six weeks. Due to pass charged to residents and non-residents of the City of
the weather some areas are too wet to enter and will be cleared Buffalo. Because of this increase, approximately twenty percent
in early spring. Over the past few weeks the residents of the (20%) of the members of our Club in 2001 who reside outside
area have been very complimentary of the progress made. of the City of Buffalo did not purchase passes for the 2002
In an effort to continue to maintain this area, the NFTA will, in season, which subsequently resulted in these members not
early spring, clear the vegetation using our contractor, Alcliff renewing their membership in our club for 2002. It is my
Landscaping, as needed, to brush hog areas adjacent to our understanding the women's club at South Park, and the men's
right of way. Once the right of way has been cleared for and women's clubs at Cazenovia saw a similar decline in their
vehicles to access this property, NFTA maintenance staff will memberships.
conduct weekly property inspections to keep up with Most of these former members joined the golf clubs at Elma
unauthorized dumping. Chief Riga of the Transit Authority Meadows or Grover Cleveland Golf Courses, facilities that are
Police Department has met with the Buffalo Police Department run by the County of Erie. They indicated three main reasons
and, in a joint effort to resolve any security issues, both for doing so: (1) the cost for them is less than if they bought a
agencies will include this area as a part of their routine patrol pass for the City courses, (2) the County instituted a phone
duties. tee-time reservation system that guaranteed these individuals
If you have any questions or comments regarding this plan, tee times, and (3) the quality of courses.
please let me know. With the continued cooperation between Regarding the cost of passes, for 2002 a season pass to Elma
the City and the NFTA, I am sure the residents will be pleased Meadows was $260.00, or $200.00 for a senior or youth, while
with the results this summer. a pass for Grover Cleveland was $160.00 and $130.00,
REFERRED TO THE COMMITTEE ON LEGISLATION respectively. Each of these amounts is less than the rate
charged by the City for a non-resident annual pass. Last year
NO. 40 the City charged $280.00 for a regular non-resident pass and
BUS STOP SHELTER $230.00 for a senior. Additionally, the daily rate to play Elma
NIAGARA ST. Meadows in 2002 was $11.00 on a weekday, and $13.00 on
Thank you for your recent letter offering your support for a the weekend, and for Grover Cleveland it was only $9.00 and
new bus stop and shelter on Niagara Street to serve shoppers $10.00 respectively. Compared to the $16.00 the City charged
at the new Tops Supermarket. The NFTA has agreed to a non-resident for a round of golf any day of the week last year,
establish a bus stop as requested and will begin discussions the County courses were a relative bargain.
with Tops to determine the best way to provide a shelter. Thank As previously stated, each of these county courses is generally
you for your continued support. kept in better physical shape than the City's courses. For
REFERRED TO THE COMMITTEE ON LEGISLATION example, while South Park was maintained in good shape last
year, and our members commend P.J. MacPartland and his
NO. 41 limited staff for doing so, Cazenm4a saw a disease kill many of
PERRY PROJECTS its greens and "chick-weed" take over the fairways. The
In reference to our telephone conversation, and to the members of the Cazenovia Golf Club were so embarrassed by
materials faxed to me concerning the Common Council the conditions of the course that they almost cancelled their
resolution regarding the Perry Projects, I am writing to describe annual pro-am, an event that has generated thousands of
the role of the Asthma Coalition in the Western New York dollars for local charities in the past. In the end the membership
community. at Cazenovia held the pro-am, but all members repeatedly
The Asthma Coalition of WNY is comprised of individuals and apologized to visiting professionals who played on the terrible
organizations who have an interest in our mission, which is "to conditions.
effectively improve the health and wellness of those with While we understand the tough economic times the City is
asthma in the diverse communities of Western New York." having, and are not advocating a reduction in the annual golf
Specifically, eight counties are represented: Allegany, pass fees, we believe additional revenue could be generated by
Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans, implementing an annual and/or daily nine (9) hole rate for the
and Wyoming. We share a commitment to work toward City's 9-hole golf courses: South Park and Cazenovia. Many of
reducing asthma morbidity and mortality throughout the region. the members who did not join indicated that they would
This Coalition is funded by a grant from the New York State consider rejoining if a 9-hole rate for South Park or Cazenovia
Department of Health. The American Lung Association of were approved.
Western New York serves as the lead agency. It is our Club's opinion that the City could stem the tide of the
Activities include, but are not limited to: continual flow of members and players away from the City's
Public, provider and school asthma education programs courses by instituting a 9-hole daily or annual rate. The daily
Regional Asthma Care Guidelines (endorsed by local MCO's) rate could be similar to the twilight rate that the City presently
Physician Waiting-Room Survey (to quickly assess asthma charges at each of its courses. An annual 9-hole pass rate
severity) could be at an appropriate reduction from the present 18-hole
Pharmacy-based asthma education: "Rules of Two" pass rate. We believe that our club would see an increase in
a regional telephone referral service membership alone from the return of former members who
Asthma Connections,
enjoy our club, but refuse to buy an annual pass or pay the high
Asthma Emergency Video (due out winter 2003)
daily rate. Additionally, an increase in revenue would result from
The dictates of the grant have not provided funding specifically
the additional new players that would use the city's courses for
for research related to the cause of asthma, although we do
9-hole rounds only.
collect data on asthma incidence through our programs. Our
In the future, the City will be competing not only against the
charge is primarily one of education and cooperation, which is
County's courses, but new courses to be built by the Towns of
carried out by the collaborative efforts of the Coalition.
Orchard Park/West Seneca and Cheektowaga. It is inevitable
If you need more Information, you may call the American Lung
that many of the residents of these towns will not renew annual
Association of Western New York at 716-691-5 864, or Asthma
passes and memberships at City courses when these new
Connectionsat 716-213-2 100 local, 1-888-799-7100 toll-free.
courses are built, especially the large number of West Seneca
REFERRED TO THE COMMITTEE ON LEGISLATION
residents that use South Park and Cazenovia. Only by
implementing a new 9-hole rate will the City address the
NO. 42
present problem, and potentially prevent the future loss of
CONCERNS AUCTION
substantial revenue to these other towns. Therefore, our club
1733 NIAGARA ST.
respectfully requests that the Common Council seriously
In regard to the property located at 1733 Niagara St. Buffalo,
consider instituting a 9-hole rate for all the City's courses, or
NY 14207, in the year 1830 General Peter B. Porter donated a
just for South Park and Cazenovia, the 9-hole golf courses.
parcel of property to the village of Black Rock, to be used as a
If you should have any questions on this or any other matter
"public square." The land is located on Parish St. running from
pertaining to the golf courses of the City of Buffalo, please feel
Niagara St. to Dearborn St. measuring 363 feet by 198 feet.
free to contact the undersigned at 845-6000 during the day.
On January 30th of this year the City of Buffalo will auction off
REFERRED TO THE COMMITTEE ON FINANCE AND THE
173 years of history to the highest bidder advertised as a
COMMISSIONER OF PUBLIC WORKS
vacant lot. However this property is much more than just
another vacant lot it is in fact history. The property could be
very vital to the waterfront revitalization. Due to the historical
NO. 44
background of this property, it should not be auctioned off at
TH
7 DIST. LEGISLATOR FOR ERIE COUNTY
this time. This matter should be further reviewed.
I am pleased to Inform the Common Council Body of my
RECEIVED AND FILED
decision to accept the new position of the 7 1h District
Legislator of Erie County. I send gratitude to: the Mayor,
NO. 43
Council members, Council Staff, Department Heads, and all
2003 GOLFING FEES
people who have worked with me during the time served with,
at the time Council Member now State Senator Byron Brown, I am a citizen of Buffalo who attended a casino forum at the
and continuing on with Council Member Antoine M. Thompson Buffalo Museum of Science, one of the few opportunities, I
in City Government. might add, for the public to comment on this issue. AA your
Over the past four years, I have seen many changes in the urging, I am sending this letter to ensure that my concerns are
Common Council. Firsthand I have seen: Freshman Council in writing and made part of the official record.
Members' metamorphose into Season Policy Makers, to the I am unequivocally opposed to the establishment of casino
most turbulent times of downsizing. My experience with the gambling in the City of Buffalo for the following reasons:
Council has fostered many lessons of policy-making, and the 1. The compact was secretly negotiated between the Seneca
inter-workings of government that will guide me in the Nation and representatives of Governor George Pataki without
Legislature. any input from local municipalities or their citizens, the people it
One could only be grateful to have had the opportunity to work will most affect. This is an affront to the basic American
with such a diverse group of individuals, whose common tread democratic traditions that we hold dear and that our elected
is a sincere commitment for the best interest of the City of leaders are supposed to uphold.
Buffalo. I carry these ideologies with me on to the Eric County 2. The compact will permanently remove property from City
Legislature. jurisdiction and designate it as sovereign Seneca Nation land
I look forward to working with you in future endeavors, and This removes all taxing, zoning and planning regulations and
please don't hesitate to contact me. the City of Buffalo and its citizens will have no authority to
RECEIVED AND FILED govern the placement and design of a casino.
3. The Seneca Nation can choose any parcel(s) within the City
NO. 45 for a casino. It is widely believed that such properties will be
P. Cromwell – M.H. Yachting “Grog” located in downtown Buffalo. The presence of a casino
Please file the attached items that were presented to the downtown is inconsistent with the City's stated revitalization
Committee on Community Development at the Meeting held on goals, chief among them is the development of downtown
Wednesday, January 29, 2003 housing. There is a broad consensus that the establishment of
“Grog” Response to No. 60 CCP 11.26/2002 “P. Cromwell – housing is the most effective way to revitalize downtown
M.H. Yachting, Inc. “Grog” Buffalo. It is likely that the current progress on, and demand for
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR downtown housing will be significantly hampered by the
REVIEW presence of a casino.
REFERRED TO THE COMMITTEE ON COMMUNITY 4. Although the State is guaranteed a percentage of the slot
DEVELOPMENT machine revenue, the local municipalities are not guaranteed
any portion of the casino revenue. However, these
NO. 46 municipalities will have to absorb the associated costs such as
P. Cromwell – M.H. Yachting “Grog” lost tax revenue, increased security, and traffic control. Finally,
Please file the attached items that were presented to the if the Seneca Nation chooses to use video lottery terminals
Committee on Community Development at the Meeting held on instead of slot machines, no revenue at all is guaranteed We
Wednesday, January 29, 2003 have already seen with the opening of the Seneca Niagara
Outcome Based Framework Response to No.98. CCP Casino in Niagara Falls, NY, the inability of the City of Niagara
3/19/2002 "A. Thompson-D.Allen-Human Services Programs" Falls to afford police for the casino area.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR 5. Following completion of the terms of the fourteen year
REVIEW compact, there is no requirement for the Seneca Nation to use
REFERRED TO THE COMMITTEE ON COMMUNITY the parcel as a casino. Therefore, the Seneca Nation will have
DEVELOPMENT unfettered discretion to use the parcel as they so choose,
again, with no input from the City or its citizens.
NO. 47 6. Buffalo has a long and cherished history of good, honorable
Anti-Casino Letters work. It deserves far better than this 'grasping at straws'
I am writing to respectfully request that you file Julie approach to economic development. Banking, bioinformatics,
Christiano's letter with the City of Buffalo for discussion at the transportation, and heritage tourism all represent better options
next Council meeting scheduled for February 4, 2003 at 2pm. for economic development and job creation without the potential
Thank you so much for providing opportunities for city very negative effects of gambling.
residents to have their say about the casino issue. Not many For all of these reasons, I urge you to do everything in your
appear to be interested from Albany and below, but at least the power to halt the possibility of a casino in Buffalo. From what I
council members and you in particular have been listening. I read and hear in the press, I am supposedly one of Buffalo's
am enclosing a copy of one of the letters that I sent to my rarest commodities: a young, educated, progressive,
representatives, as you requested it one of the earlier meetings. professional who remains completely committed and dedicated
Please help in any way that you can to stop the casinos from to our great city. Should a casino come to pass, that would be
coming to Buffalo. We can't give up on our city and giving away an overwhelming incentive for me to join so many of my friends
land in the shadow of City Hall or nearby is tantamount to in leaving Buffalo and seeking a more forward thinking,
throwing in the towel. At Councilwoman Grant's hearing two creative, progressive area.
things were brought up that intrigued me. One, there was REFERRED TO THE COMMITTEE ON COMMUNITY
discussion about the Time ax7ticle from last month about DEVELOPMENT
casinos, the investors, and the reality of the promises. I read it
online and urge you to read it if you have not already. Also, it NO. 50
was mentioned that th4-- one way to avoid a casino may be to Anti-Casino Letters
have the Senecas change their minds about the city location. I am writing to respectfully request that you file Robert
Maybe that is something we can pray for or push for, thought Heffern's letter with the City of Buffalo for discussion at the
after reading-, about the investors and how they push for these next Council meeting scheduled for February 4, 2003 at 2pm.
casinos, that way may be troublesome as well. I am a relatively new citizen of Buffalo(since August) and a
Thank you once again for your help in this matter. I applaud longtime resident of Western New York and I am very
your commitment. to our city and all of your work on its behalf. concerned about the possibility of a casino in Buffalo. I care
All that and a Bennett grad as well! very much for what I believe is a wonderful city and I put time in
REFERRED TO THE COMMITTEE ON COMMUNITY supporting my beliefs, as a member of VOICE and also as a
DEVELOPMENT volunteer at the Little Portion Friary homeless shelter.
I am strongly Opposed to a casino and would like to share
NO. 48 some of the reasons. I believe that it is a bad fit for this city and
Anti-Casino Letter will have a harmful effect on the quality of life. Since most
I am writing to respectfully request that you file Carl Dennis's out-of-town tourists will probably go to the Falls, Buffalo would
letter with the City of Buffalo for discussion at the next Council end up with our residents losing their money. As I am sure you
meeting scheduled for February 4, 2003 at 2pm. are very aware many who are poor buy lottery tickets and will be
I am a concerned citizen of Buffalo who believes strongly that tempted to go to the casino, taking money from their family's
gambling in Buffalo is so important an issue, and that the pockets. It also is a poor fit at the Statler, at a historic square
prospect of a casino has so strongly 'Offended many people and with a proposed Federal court house right across the
who live here, that we need to be able to vote on a referendum street. I feel that it Will take badly needed money from local
for or against the proposal, I hope your committee will do all it businesses like restaurants, bars, sporting venues. I also worry
can to give us this choice. about the Native American sovereignty issue and the potential
REFERRED TO THE COMMITTEE ON COMMUNITY to add real estate to the casino and take more property off the
DEVELOPMENT tax rolls as is being done at Turning Stone. I believe that the
social problems associated with gambling will increase. On top
NO. 49 of all of this, the amount of revenue Buffalo might realize would
ANTI-CAINO LETTER be overwhelmed by the social and criminal justice expenses
I am writing to respectfully request that you file Jason incurred. Also consider the saturation of the gambling market
Hareniza's letter with the City of Buffalo for discussion at the that is sure to occur and then. you end up with a white
next Council meeting scheduled for February 4, 2003 at 2pm. elephant.
I cannot think of even one reason for a casino in Buffalo and How can political leaders actually believe that tourists will come
hope that you are able to exert an influence on this issue. to gamble in Buffalo when there is a professionally and
Incidentally, I have not talked to one person who has spoken in government run casino just over the border and another is
support of a casino and I believe it would be a disaster that being built in Niagara Falls, NY? The tourist industry is now in
would plague us for years. a horrible slump and has been since September 11, 200 1.
REFERRED TO THE COMMITTEE ON COMMUNITY This is not the time to hope an enterprise dependent upon
DEVELOPMENT tourism for its success will flourish.
A Buffalo casino will only suck dollars from residents who can
NO. 51 ill afford to lose them and sink our city into lasting poverty and
MARTIN LUTHER KING JR. PARK SUPPORT LETTER despair. After all, there is nothing in writing that says the City
I am writing to respectfully request that you file Ms. Tony will receive any monies generated from the proposed casino.
Battle’s Martin Luther King Jr., Park support letter with the City We urge you, Councilman, to voice opposition to this fiasco
of Buffalo for discussion at the next Council meeting scheduled that will enrich the already rich and impoverish our city
for February 4, 2003 at 2 pm. residents. Asking another nation is no way to solve our
As I read the article in the Buffalo newspaper about Martin unemployment problems. Show our young people that we can
Luther King Park. All I could think of was when I was a little girl help ourselves to economic rebirth.
and how I use to enjoy the walks with my sibling. Our walk to REFERRED TO THE COMMITTEE ON COMMUNITY
the park would be very lengthy. However we looked forward to DEVELOPMENT
the walk because the outcome would be so great. For instance,
we would be playing in the biggest swimming pool in buffalo, NO. 53
now that made the walk seem less lengthy then it really was. I FLATHUSH-CATON VENDORS MART
also remember picking green pears off of the near by trees. I am writing to respectfully request that you file the
And not to mention that break time meant that it was time to Flathush-Caton Vendors Mart flyer with the City of Buffalo for
receive your free lunch at the park. discussion at the next Council meeting scheduled for February
I am very impressed that someone is interested in fixing up our 4, 2003 at 2 pm.
what was once a well-respected and beautiful neighborhood. I if you have any questions, please call me at 851-5145.
fully agree to the up coming event that comes along with Attached available for review in the City Clerk’s Office
restoring not only the beauty in our community but also the faith RECEIVED AND FILED
that states Martin Luther King had a dream that all communities
will be treated equal. Ok. 1 admit it he didn't exactly say that but NO. 54
I am convinced that if he could respond to my letter he would A THOMPSON-
probably agree with my statement. Well I want to hold on to that INDEPENDENT CONTRACTORS AND EMPLOYEES: DO
thought and just enhance it by saying that I have a dream that YOU KNOW ONE WHEN YOU SEE ONE?
the Humboldt Park District will prevail in time throw networking I am writing to respectfully request that you file "Independent
and support from all communities and or neiborhoods. This Contractors and Employees: Do You Know One When You
District has deteriorated severely over the years and now it is See One with the City of Buffalo for discussion at the next
time to celebrate the new birth of Martin Luther king JR Park. Council meeting scheduled for February 4, 2003 at 2pm.
I visualize that the toddlers will be playing in the near by park, If you have any questions, please call me at 851-5145.
swinging on the swings and sliding on the slides. The youths REFERRED TO THE COMMITTEE ON FINANCE AND THE
will be splashing water everywhere within the historical pool. CORPORATION COUNSEL
And the parent(s) will be lounging nearby watching their love
ones enjoying the wonderful essence of the pool that they once NO. 55
experience when they were at that age. A THOMPSON-JOINT SCHOOL CONSTRUCTION BOARD
Nevertheless, I would like for you to know that I give to thumbs PROJECT PROPOSAL
up on the resurrection of Martin Luther King Park. I am writing to respectfully request that You file Walter Jones's
REFERRED TO THE COMMITTEE ON COMMUNITY letter with the City of Buffalo for discussion at the next Council
DEVELOPMENT meeting scheduled for February 4, 2003 at 2pm.
If you have any questions, please call me at 851-5145.
No. 52
Sandra J. Carrubba, Chair of the Green Party - Casino WALTER L. JONES
Decision 64 DAVIDSON AVENUE
Oppose Casino BUFFALO, NEWYORK 142 15
I am writing to respectfully request that you file Sandra J. (716)833- 0608
Carrubba"s letter with the City of Buffalo for discussion at the KATRINA ARNOLD
next 6uncil meeting scheduled for February 4, 2003 at 2pm. PROJECT ADMINSTRATOR
The Green Party of Erie County has gone on record as CMUNELLI CONSTRUCTION COMPANIES
opposing the proposed Seneca nation-run casino in downtown THE CYCLORAMA BUILDING
Buffalo. We did not come to this decision lightly, but with 369 FRANKLIN STREET
careful consideration of the needs of the City and its residents. BUFFALO, NEW YORK 14202
First and foremost, the residents of both the city and the county December 30,2002
have had no voice in this decision while the people of the
Seneca Nation had the chance to vote on the compact. Yet, the Demand for construction delay and answer to OJT training
city and county will be negatively impacted as they lose contract proposal
property tax and sales tax revenues. This compact has been an Dated October 7, 2002, submitted for participation on the
end run around the NYS Constitution, which every elected Buffalo Schools Construction Improvement Projects
official is sworn to uphold. Dear Ms. Arnold:
A casino gambling establishment will do little to create jobs for The written records shows, that you made written invitations
those who need them most in the city. Service-type jobs will be to my development company to participate on the buffalo
all that is available to non-Senecas and those will not yield high schools construction improvement projects, by letters, dated,
salaries. When I visited cousins in Las Vegas in October, they August 9, 2002, August 21, 2002, and September 23, 2002,
introduced me to several people who had left work in casinos typed upon THE CIMINELLI CONSTRUCTION COMPANIES
because it was such an unreal and pressured atmosphere. letter heads.
Gambling establishments bring crime, among which are The written records further shows that 1, by letter Dated,
prostitution, robberies and assaults. City residents living near October 7,2002, responded to your written invitations and made
or in downtown Buffalo do not need increased crime coming to a OJT development and general construction proposal to
their neighborhoods, making them feel less safe than they participate on the above Buffalo schools construction
already do since police and firefighters have been laid off improvement projects, which was received by you in your
Real economic development occurs when small businesses office, on October 15, 2002, to which you have not responded
establish themselves in neighborhoods. Look at the Elmwood to this date. See attached copies of a] I correspondence.
district as an example. Small businesses encourage residents I am therefore, based upon the foregoing, demanding response
to walk from one to another, bringing vitality and sustainability and delay in the startup of the buffalo schools construction
to an area. A downtown casino will stifle real growth and improvement -projects, so as to address and honor my OJT
sustainability downtown. training contract proposal dated October 7, 2002.
Other cities that have looked to casino gambling institutions to I am, forwarding copies of this letter and attachments to all of
revitalize their business districts have reaped disappointment. the parties listed below for their mandated inputs, requested
Look at Atlantic City and area where my grandparents once supports and corporations.
enjoyed vacationing. Once casino gambling was established REFERRED TO THE MINORITY BUSINESS ENTERPRISE
there, my grandparents felt unsafe and unhappy and stopped COMMITTEE
going. The mayor of a city in Connecticut near an Indian run
casino said while here in Buffalo, he was sorry they had ever NO. 56
approved the casino. A THOMPSON
COMMON COUNCIL REAPPORTIONMENT MAP
Please file the attached Reapportionment Map with Common This is a claim for reimbursement of damages and stolen
Council. There was some confusion with Erie County Board of personal effects taken from a 1980 Datsun this past
Elections regarding boundaries for Common Council Districts. September while it was in tile care, custody and control of the
Attached available for review in The City Clerk’s office City at the Dart Street Garage. $800.00
REFERRED TO THE COMMITTEE ON LEGISLATION, THE B 12.Kenneth Eisenhuth, 55 Delaware Street, 14150
CORPORATION COUNSEL AND THE BOARD OF This is a claim for reimbursement of a broken vent window oil a
ELECTIONS AND THECITY CLERK 1991 Ford Escort, which occurred on October 1, 2002.
$228.48
NO. 57 B 13.Molly Elliott, 55 South Lake Street, 14075
REAPPORTIONMENT This is a claim for reimbursement of stolen items taken from
Please file the enclosed correspondence with the Council for claimant's vehicle in July 2002 while it was in the care, custody
the meeting scheduled for February 3, 2003 at 2pm. and control of the City of Buffalo the Dart Street Garage.
If you have any questions, please do not hesitate to contact me $1,998.74
directly at (716) 851-5145. B 14..1antese Fleming, 1464 East Delavan Avenue, 14215
REFERRED TO THE COMMITTEE ON LEGISLATION AND This is a claim for towing and storage fees associated with a
THE CORPORATION COUNSEL 1989 Oldsmobile. On April 8, 2002, Ms. Fleming reported her
vehicle stolen to tile Buffalo Police Department. Therefore,
REGULAR COMMITTEES Corporation Counsel recommends payment to Harrington
CLAIMS COMMITTEE Service in the amount of $1,000.00
(MARY M. MARTINO, CHAIRPERSON) B 15. Vincent Hornberger, 320 Downing Street, 14220
NO. 58 This is a claim for reimbursement for damages sustained to
PERSONAL INJURY A 1- TO A 9 claimant's vehicle on March 10, 2002 iii front of 320 Downing
That, upon the recommendation of the Corporation Counsel, Street. $500.00
the following actions for personal iqjury arising out of alleged B16. Bernadette Howe, 1975 Niagara Street, 14207
negligence on the part of the City of Buffalo, be This is a claim for reimbursement for darnages sustained to
compromised and settled: claimant's vehicle on October 3, 200 1. $566.78
A 1. Joarin Bedell as p/n/g of Lexle Angelina BedellB 17.Donna Hromchak, 225 Norwalk Avenue, 14216
$45,000.00 This is a claim for reimbursement for a tire which was ruined
A 2. Anthony Caccamise $15,000.00 on October 3,2002 at the corner of Parkside and Winston.
A 3. Janice Dennis $ 8,000.00 $102.47
A 4. Olga Feliciano $ 9,000.00 B 18.Dalone.lenkins, 642 Lisbon Avenue, 14215
A 5. Lucino Perez $ 9,000.00 This is a claim for reimbursement for monies paid for a Crown
A 6. Maxine Person $12,300.00 Victoria, which was purchased from tile City Impound auction
A 7. Denis Pietraszewski $ 8,000.00 on November 13, 2002. $105.00
A 8. Carmella Trippi $ 1,500.00 B 19. Liberty Mutual Fire Insurance Company, 300 Pearl
A 9. Michael Zwelling $ 2,500.00 Street A/S/0 Thomas Hall, 195 Kilhoffer Street, 14211
That checks be drawn on the account of Org 17221008 This is a claim for damage to a 1993 Mercury Topaz on April
(480205) Judgment and Claims Prior Years, or (480204) 9,2000. The claimant's wife, Rose Hall, was operating the
Current Fiscal Year, payable to the respective claimants or aforementioned vehicle when it was involved in an
plaintiffs and their attorneys, if any, herein above named, in the accident with a police cruiser. $1,244.43
amounts set opposite their names and delivered to them upon B 20. Catherine Lucas, 47 Shoreham Parkway, 14216
execution and delivery to the Corporation Counsel of proper This is a claim for damages sustained to claimant's
releases and closing papers. automobile oil August 7, 2002 in front of 47 Shoreham
PASSED Parkway. $1,073.60
AYES - 12 NOES - 0 B 21.Emanuel Mack, 63 Barone Circle, 14225
This is a claim for damages to the roof and chimney at 20
NO. 59 Davis Street. $500.00
PROPERTY DAMAGE B 22.Meals on Wheels, 35 Cazenovia, 14220
B-1 TO B-35 This is a claim for reimbursement of a TV-VCR used by Meals
That, upon tile recommendation of the Corporation Counsel, on Wheels volunteers for training purposes. $114.00
tile following actions for personal injury arising out of alleged B 23.One Beacon Insurance Group, P.O. Box 5151, Buffalo
negligence on the part of tile City of Buffalo, be compromised 14240-5155, as Subrogee of Michelle L. Laudico
and settled: This is a claim for reimbursement for damages to a 2002 Ford
B 1 Jeff Bartels, 117 N. Ryan Street, 14210 Escape on July 30, 2002 on Seneca Street near Louisiana
This is a claim for reimbursement of a cracked windshield oil a Street. $3,931.14
1993 Ford truck. $149.04 B 24. Dino L. Palumbo, 331 Davey Street, 14206
B 2. Deni Belesovski, 14 Weber Road, 14218 This is a claim for reimbursement of a pair of eyeglasses,
This is a claim for reimbursement of damages to a 1998 Honda which were damaged on August 9, 2002 at the corner of
Civic, which occurred on August 14, 2002. The City of Buffalo Cazenovia, and North legion. $66.00
impounded the car and during tile process of towing the B 25.Donna Smith, 272 Cumberland Avenue, 14220
undercarriage of tile vehicle, sustained damages. $644.76 This is a claim for reimbursement for damages to a vehicle on
B 3. Lucille Billingslee, 160 Peach Street, 14204 October 3,2002 in front of 272 Cumberland Avenue. $400.94
This is a claim for damages sustained to claimant's house and B 26. Progressive Insurance Company, P.O. Box 89440,
contents oil May 7, 2002 at 160 Peach Street. $800.00 Cleveland, Ohio 44101- 6440 A/S/O Leah Solberg
B 4. Karen Blake, 62 Whitfield Avenue, 14220 This is a claim for damages to a 2000 Dodge Stratus on
February 1, 2002 at 95 Pornona Place. $6,671.32
This is a claim for reimbursement for damages to a
B 27. Jon R. Spyche, 32 Lathrop Street, Lower Flat, 14212
mini-van, which occurred on October 5, 2002 in
This is a claim for damages to a chain link fence at 52
front of 62 Whitfield Avenue, $663.25
Swinburne, which occurred August 23, 2002. $925.00
B 5. Catherine Brozyna, 102 Fillmore Avenue, 14210
B28 28.Staceys RV Inc. d/b/a Rent A Wreck, 2468
This is a claim for damages to a 2001 Ford Escort oil October
Niagara Falls Boulevard, 14150
4, 2002 while parked at tile Asarese Matters Community
This is a claim for reimbursement for a vehicle which was
Center. $738.94
disposed of by the City of Buffalo on September 1,2002.
B6. John Buerk, 114 Highland Avenue, 14222
$700.00
This is a claim for damages sustained to Mr. Buerk's vehicle on
B 29.New York Central Mutual A/S/O Carol Sundberg
June 19, 2002 at 105 Highland Avenue. $255.47
This is a claim for reimbursement for damages to claimant's
B 7. Charles & Edna Collins, 199 Coit Street, 14212
property at 179 Admiral Road on July 1,2002. $1,245.45
This is a claim for reimbursement for damages sustained to a
B 30.Shannon Sundquist, 70 North Ogden Street, 14206
house at 199 Coit Street on August 1, 2002. $325.00
This is a claim for damages sustained to a car on October
B8. Thomas W. Coonly, 32 Red Jacket Parkway, 14220
7,2002 in the driveway at 70 North Ogden Street. $1,382.40
This is a claim for reimbursement of a set of eyeglasses broken
B 31.State Farm Insurance Company A/S/O Daniel L. Benning
on October 29, 2002 while Mr. Coonly, the claimant, was
This is a claim for property damage brought by State Farm
working for the City of Buffalo at the Eric Basin Marina.
Mutual Automobile Insurance Company as subrogree of its
$186.96
insured, Daniel L. Benning. $1,223.50
B9. Amy Costa, 1769 Hertel Avenue, 14216
B 32.State Farm Insurance Company A/S/O Rita Ippolito, 67
This is a claim for damages to a 1995 Ford Escort oil August
Norwood Avenue, 14211
1,2002 in front of 1769 Hertel Avenue. $355.86
This is a claim for damage to a 1997 Volvo on October 12,
B10 .Jewell Culverhouse, 307 Fourteenth Street, 14213
1999.
This is a claim for reimbursement of damages to a 1991
$1,606.23
Chevrolet Lurnma on ,September 11, 2002 at 307 Fourteenth
B33 33.State Farm Insurance Company A/S/O Samuel
Street. $1,103.76
Whitaker
B 11.Dawn D'Andrea, 205 Travers Circle D, 14228
This is a claim for damages to a house at 15 French Street, Mrs. Martino moved:
which occurred on August 26, 2002. $907.97 That the above mentioned item be and the same is hereby
B 34.Martha I. Williams, 905 East Delavan Avenue, 14215 received and filed.
This is a claim for damages to a 1994 Buick Park Avenue ADOPTED
sustained on August 9,2002 in front of the house at 905 East
Delavan Avenue. $1,375.32 NO. 63
B 35.Marlene Works, 171 Southampton Street, 14208 MISCELLANEOUS REFUND/REIMBURSEMENT
This is a claim for reimbursement of damages sustained to her E1 Lisseyeasey, Itic., Shannon Pub, 5050 Main Street,
property at 171 Southampton Street on November 12, 2002. 14226
$780.00 This is a claim for reimbursement of monies mistakenly
That checks be drawn on the account of Org 17221008 deposited by the City of Buffalo for a Certificate of Occupancy
(480205) Judgment and Claims Prior Years, or (480204) for the festival grounds at The Pier. The City of Buffalo
Current Fiscal Year, payable to the respective claimants or accepted $225 payment and deposited such from Lisseycasey,
plaintiffs and their attorneys, if any, herein above named, in the Inc.
amounts set opposite their names and delivered to them upon It has been determined, however, that the monies should have
execution and delivery to the Corporation Counsel of proper been paid to the NFTA. $225.00
releases where such releases are indicated. That a check be drawn on the account of Org 17221008
PASSED (480206) Cash Refund Judgment and Claims Prior Year
AYES - 12 NOES - 0 Revenue, payable to the respective claimant, herein above
named, in the amount set opposite their name and delivered to
NO. 60 them upon execution and delivery to the Corporation Counsel of
MISCELLANEOUS INVOICES proper release where such release is indicated.
That, upon tile recommendation of the Corporation Counsel PASSED
and the appropriate City Departments the following claims be AYES - 12 NOES – 0
paid:
C 1. CEF Enterprises CIVIL SERVICE
This is a claim for payment of a prior fiscal year invoice from (MARC A. COPPOLA, CHAIRPERSON)
the Department of Public Works, Parks and Streets. NO. 64
$1,900.00 A. THOMPSON-J. GREENAN-ADDL. EXAM.
C 2. Creditors Interchange, Inc. CREDITS-CHILDREN-POL/FIRE OFF. KILLED IN LINE OF
This is a claim for payment of prior fiscal year Invoice No. DUTY
54320JUNEO I as a result of there being some discrepancies (CCP#82-OCT. 29, 02)
in tile June, 2001 bill. That the above item be and the same hereby is received and
$5,110.01 filed.
C 3. Crown Collision ADOPTED
This is a claim for payment of part of a prior fiscal year invoice
as a result of a change order not being Issued to the original NO. 65
purchase order, $816.95 A. THOMPSON-J. GREENAN-NOTIF-NEW SECTION 85-A-
C 4. Excellus Health Care (Health Care Plan NYS CIV SVS LAW
This is a claim for payment of a prior Fiscal year Invoice No. (CCP#83-OCT. 29, 02)
A24965-291 011 as a result of a bill for medical services That the above item be and the same hereby is received and
rendered for a Fire Department employee. filed.
$344.68 ADOPTED
C 5. Home Depot
This is a claim for payment of prior Fiscal year Invoice Nos. NO. 66
3111617, 2242052 and 5080785. $614.28 COMMENTS ON AMENDMENTS TO SECTION 85 CIV SVS
C6. LexisNexis/Matthew Bender LAW (HR)
This is a claim for payment of prior fiscal year Invoice Nos. CCP#37 NOV 12, 02
1565883X and 38932091. $120.64 That the above item be and the same hereby is received and
C7. M &TBank filed.
This is a claim for payment of a prior fiscal year invoice f0or ADOPTED
lockbox rental charges to the Treasury Department. $6,773.89
C8. United Business Systems NO. 67
This is a claim for payment of prior fiscal year Invoice No. SALARY ORDINANCE AMENDMENT
527666. I I -DEPARTMENT OF ADMINISTRATION & FINANCE
$150.00 1050 - BUDGET & MANAGEMENT
C9. United Uniforms (ITEM NO. 145, C.C.P., JAN. 21, 2003)
This is a claim for payment of prior fiscal year Invoice That the Salary Ordinance Amendment as contained in Item
Nos.648229, 643541, and 648229 (less credit. memo Invoice No. 145, C.C.P., January 21, 2003, be and the same hereby is
No. 735520). $1,888.65 approved.
That checks be drawn on the account of Org 17221008 PASSED
(480205) Judgment and Claims Prior Years, or (480204) AYES - 12 NOES - 0
Current Fiscal Year, payable to the respective claimants or
plaintiffs and their attorneys, if any, herein above named, in NO. 68
the amounts set opposite their names and delivered to them SALARY ORDINANCE AMENDMENT
upon execution and delivery to the Corporation Counsel of 20-DEPARTMENT OF POLICE
proper releases where such releases are indicated. 1046-LAW
PASSED (ITEM NO. 146, C.C.P., JAN. 21, 2003)
AYES - 1 NOES - 0 That the Salary Ordinance Amendment as contained in Item
Mr. Pitts was in the negative on item# C7 only No. 146, C.C.P., January 21, 2003, be and the same hereby is
approved.
NO. 61 PASSED
REPORT TO THE CLAIMS COMMITTEE AYES – BONIFACIO, COPPOLA,FISHER, FONTANA,
D 1 Norman Titterington, 269 Sumner Avenue, 14211 FRANCZYK, GOLOMBEK, GRANT, LOTEMPIO, MARTINO,
This claim is being placed on the agenda for discussion at the PITTS, THOMPSON – 11 NOES – DAVIS - 1
request of Councilmember Fontana. Mr. Titterington claims that
a sanitation truck scraped the left side of his 1995 Ford Crown NO. 69
Victoria. $826.04 M. COPPOLA-VAR. INFO-AMENDS-NYC CIV SV LAW
That a check be drawn on the account of Org 17221008 SECTION #85-ADDL CREDITS-CHILD.
(480205) Judgment and Claims Prior Years, or (480204) FIRE/POL
Current Fiscal Year, payable to the respective claimant herein (CCP#47-JAN. 21, 03)
above named, in the amount set opposite his name and That the above item be and the same hereby is received and
delivered to him upon execution and delivery to the Corporation filed.
Counsel of proper release where such release is indicated. ADOPTED
PASSED
AYES - 12 NOES - 0 NO. 70
APPOINTMENT
NO. 62 ASST. WATER DIST. SUPER (INTER) (PW)
REPORT TO THE CLAIMS COMMITTEE (ITEM NO. 30-C.C.P. JAN. 21, 2003)
D 2. Helena Turner, P.O. Box 1532, 14221 That Communication 30, Jan. 21, 2003 be received and filed
That the above item be, and the same hereby is returned to the and the permanent contingent appointment of Dennis
Common Council Without recommendation.
MacMillan stated above at the intermediate salary of $44,066 NO. 77
effective on January 13, 2003 is hereby approved. RESULTS OF NEGOTIATIONS - 197 VIRGINIA STREET
PASSED (PORTION OF)
AYES - 12 NOES - 0 (ITEM NO. 14, C.C.P., JAN. 21, 2003)
That the offer from Ms. Rebecca Bish, who owns the home
NO. 71 at 170 Prospect, in the sum of one hundred and fifty dollars
NOTICES OF APPOINTMENTS-TEMP. /PROV. /PERM. ($150.00) for the purchase of a portion being 1.5' x 50' of 197
(CCLK) Virginia Street, be and hereby is accepted; and
(CCP#46-JAN. 21, 03) That the appraisal requested by the City of Buffalo shall be paid
That the above item be and the same hereby is received and by the purchaser; and
filed. That the transfer tax, recording fees and cost of legal
ADOPTED description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the
FINANCE necessary documents for the transfer of title and that the Mayor
(BETTY JEAN GRANT, CHAIRPERSON) be authorized to execute the same, in accordance with the
NO. 72 terms of sale upon which the offer was submitted.
B. DAVIS-A WARE-OPPOSE SALE OF 71 ROSE & 373 PASSED
CARLTON ST AYES - 12 NOES - 0
CCP#57 DEC 10, 2002
That the above item be and the same hereby is received and NO. 78
filed. TRANSFER JURISDICTION OF FORMER PRECINCT NO.
ADOPTED 17 - 627 COLVIN AVENUE
(ITEM NO. 15, C.C.P., DEC. 26, 2002)
NO. 73 That the above item be and the same is hereby received and
RESULTS OF NEGOTIATIONS - 34 TRACY filed.
(ITEM NO. 14, C. C. P., DEC. 26, 2002) ADOPTED
ITEM NO. 59, C.C.P., JAN. 9, 2003)
That the offer from Joseph Mosey, 3 10 Delaware, LLC, of NO. 79
625 Delaware Avenue, in the sum of three thousand two P. POTTS-AVOIDABLE ALARMS
hundred and fifty dollars ($3,250.00) for the purchase of 34 (CCP#79-DEC. 26, 02)
Tracy, be and hereby is accepted; and That the above item be and the same hereby is referred to
That the appraisal requested by the City of Buffalo shall be paid the Committee on Budget.
by the purchaser; and ADOPTED
That the transfer tax, recording fees and cost of legal
description shall be paid by the purchaser; and NO. 80
That the Corporation Counsel be authorized to prepare the PERM ENTER AGREEMENT W/ERIE CO MUN WASTE
necessary documents for the transfer of title and that the Mayor RED PROJ(#14, 12/10(PW)
be authorized to execute the same, in accordance with the CCP# 107 DEC 26, 02
terms of sale upon which the offer was submitted. That the above item be and the same is received and filed
PASSED ADOPTED
AYES - 12 NOES - 0
NO. 81
NO. 74 CHANGE IN CONTRACT - CITY HALL - STAIR TOWER &
RESULTS OF NEGOTIATIONS - 93 MAPLE STREET FIRE PROTECTION SYSTEM
(ITEM NO. 8, C.C.P., NOV. 12, 2002) (ITEM NO. 2 1, C.C.P., JAN. 21, 2003)
Mrs Grant moved that the above item be recommitted to the That the Commissioner of Public Works, Parks and Streets
Committee on Finance. be, and he hereby is authorized to issue change order No. 1, to
ADOPTED New Era Construction, an increase in the amount of
$14,387.55, as more fully described in the above
NO. 75 communication, for work relating to City Hall, Stair Tower &
RESULTS OF NEGOTIATIONS - 229 HOWARD STREET Fire Protection System Modifications, C #92010647. Funds for
(ITEM NO. 11, C.C.P., JAN. 21, 2003) this project are available in CPF 3 63 22206 445 100 - Division
That the offer from Jesse Carmichael, residing at 237 Lord of Buildings.
Street, in the sum of seven hundred and fifty dollars ($750.00) PASSED
for the purchase of 229 Howard Street, be and hereby is AYES - 12 NOES – 0
accepted; and
That the appraisal requested by the City of Buffalo shall be paid NO. 82
by the purchaser; and REIMBURSE NFTA FOR CITY SHARE OF CONSULTANT
That the transfer tax, recording fees and cost of legal COSTS - MAIN STREET MULTI-MODEL ACCESS
description shall be paid by the purchaser; and AND REVITALIZATION PROJECT
That the Corporation Counsel be authorized to prepare the (ITEM NO. 26, C.C.P., JAN. 21, 2003)
necessary documents for the transfer of title and that the Mayor That the Commissioner of Public Works, P ' arks and Streets
be authorized to execute the same, in accordance with the be, and he hereby is authorized to reimburse the City's share of
terms of sale upon which the offer was submitted. costs for the Consultant costs incurred by NFTA, for
PASSED preparation of an Environmental Assessment regarding the
AYES - 12 NOES - 0 proposed project
for returning vehicular traffic to Main Street within the Transit
NO. 76 Mall. That the City of Buffalo's share of costs will not exceed
RESULTS OF NEGOTIATIONS - 1171, 1173, 1175, 1183 $75,000 and funds are available in the Capital Projects
AND 1187 MICHIGAN Account #30032106 445 100.
(ITEM NO. 12, C.C.P., JAN. 21, 2003) PASSED
That the above item be, and the same hereby is returned to AYES - 12 NOES - 0
the Common Council without recommendation.
Mrs. Grant moved: NO. 83
That the offer from Alan Dewart, Esq., for Homespace ABATEMENT OF DEMOLITION/ASBESTOS BILLS FOR
Corporation, 701 Seneca Street, in the sum of twenty nine VARIOUS PROPERTIES
thousand and five hundred dollars ($29,500.00) for the (ITEM NO. 36, C.C.P., JAN. 21, 2003)
purchase of 1171, 1173, 1175, 1183 and 1187 Michigan That the Commissioner of Permit & Inspection Services be,
Avenue, be and they hereby are accepted; and and he hereby is authorized to abate the demolition and/or
That the appraisal requested by the City of Buffalo shall be paid asbestos amounts specified together with any associated
by the purchaser; administrative fees as listed in the above-referenced
and communication.
That the transfer tax, recording fees and cost of legal PASSED
description shall be paid by the purchaser; and AYES - 12 NOES - 0
That the Corporation Counsel be authorized to prepare the
necessary documents for the transfer of title and that the Mayor NO. 84
be authorized to execute the same, in accordance with the REQUEST FOR PROPOSALS - ADVERTISING IN THE
terms of sale upon which the offer was submitted. CITY OF BUFFALO
That a progress report be filed w/council within a year. (ITEM NO. 155, C.C.P., JAN. 21, 2003)
PASSED That the Corporation Counsel and the Division of Purchase
AYES - 12 NOES - 0 complete the Request for Proposals process with the goal of
having a plan to take advantage of citywide mailings that have
to be ready by late April and possibly other partnerships that
could be implemented for the next fiscal year which begins July NO. 92
1, 2003. USED CAR DEALER –2262 DELAWARE
'PASSED (ITEM NO. 38, C.C.P., JAN. 21, 2003)
AYES - BONIFACIO, COPPOLA, DAVIS, FISHER,
FONTANA, FRANCZYK, GOLOMBEK, GRANT, LOTEMPIO, That pursuant to Chapter 254 of the City Code, the
MARTINO, THOMPSON - 11 NOES –PITTS - 1 Commissioner of Permit and Inspection Services be, and he
hereby is authorized to grant a Used Car Dealer license to
Devin Hollands d/b/a Antithesis Autos LLC, located at 2262
LEGISLATION
Delaware Avenue.
(RICHARD A. FONTANA, CHAIRMAN)
PASSED
NO. 85
AYES –BONIFACIO, COPPOLA, DAVIS, FISHER,
ORDINANCE AMENDMENT-CHAPTER 511
FONTANA, FRANCZYK, GOLOMBEK, GRANT, LOTEMPIO,
-ZONING-SPECIAL DEVELOPMENT PLANS (HRG. 2/4)
MARTINO, THOMPSON - 11 NOES – PITTS - 1
CCP# 163 -1/21/03
That the above item be and the same is returned to the
NO. 93
Common Council without recommendation.
USED CAR DEALER - 18-20 TONAWANDA (ITEM NO. 39,
RECOMMENDED BY THE COMMITTEE ON LEGISLATION
C.C.P., JAN. 21, 2003
A public hearing has been set, before the Common Council, at
That pursuant to Chapter 254 of the City Code, the
this regularly scheduled meeting, on the above item, and a
Commissioner of Permit and Inspection Services be, and he
Notice of Same has been published in the Buffalo News, a
hereby is authorized to grant a Used Car Dealer license to
copy of which is attached
James Rhoades d/b/a JTR Motor Cars, located at 18-20
hereto.
Tonawanda.
On a motion by Mrs. LoTempio, seconded by Mr. Thompson
PASSED
the item is properly before the Common Council, and the
AYES –BONIFACIO, COPPOLA, DAVIS, FISHER,
hearing is opened.
FONTANA, FRANCZYK, GOLOMBEK, GRANT, LOTEMPIO,
CARRIED.
MARTINO, THOMPSON - 11 NOES – PITTS - 1
Appearances
Mrs. LoTempio now moved that the hearing be closed.
NO. 94
Seconded by Mr. Fisher
P. SOLE-REPORT ON DELI/COMER STORES
CARRIED.
(CCP#37-JAN. 21, 03)
Mr. Fontana moved that the above item be recommitted to the
That the above item be and the same hereby is received and
committee on Legislation.
filed.
ADOPTED.
ADOPTED
NO. 86
NO. 95
AMENDMENT OF SUBSECTIONS 27, 28 & 29 OF SECTION
TRANSFER TITLE FOR PORTION OF KENMORE AVENUE
15 OF CHAP. 479 TRAFFIC ORDINANCES
TO ERIE COUNTY
(ITEM NO. 20, C.C.P., JAN. 21, 2003)
(ITEM NO. 175, C.C.P., NOV. 26, 2002)
That the Commissioner of Public Works, Parks and Streets,
That the above item be, and the same hereby is returned to
be, and he hereby is authorized to amend Subsections 27, 28
the Common Council without recommendation.
and 29 of Section 15 of Chapter 479 of the Traffic Ordinances
Mr. Fontana moved:
of the City of Buffalo as described in Item No. 20, C.C.P.,
That this Common Council approves the transfer of title for the
January 2 1, 2003.
west side of Kenmore Avenue between Military Road and
PASSED
Vulcan Avenue to Erie County. That the Corporation Counsel
AYES - 12 NOES - 0
be authorized to prepare the necessary documents for the
transfer of title and that the Mayor be authorized to execute the
NO. 87
same.
A. THOMPSON-INFO.-NATL. FUEL-INSTALL. OF GAS
ADOPTED
METERS IN HIST. DIST.
(CCP#76-NOV. 26, 02)
NO. 96
That the above item be and the same hereby is received and
TRANSFER TITLE FOR PORTION OF KENMORE AVENUE
filed.
TO ERIE COUNTY (PW)
ADOPTED
(ITEM NO. 20, C.C.P., DEC. 10, 2002)
That the above item be, and the same hereby is returned to
NO. 88
the Common Council without recommendation.
J. HAGUE-DELTA SONIC PEDESTRIAN HAZARD
Mr. Fontana moved:
W/GREASE-SMEARED SIDEWALKS
That the above mentioned item be and the same is hereby
(CCP#76-DEC. 26, 02)
received and filed.
That the above item be and the same hereby is received and
ADOPTED
filed.
NO. 97
ADOPTED
TRANSFER TITLE FOR VULCAN AVENUE TO ERIE
COUNTY
NO. 89
(ITEM NO. 176, C.C.P., NOV. 26, 2002)
J. HAGUE-DELTA SONIC PEDESTRIAN HAZARD
(ITEM NO. 74, C.C.P., JAN. 21, 2003)
W/GREASE- SMEARED SIDEWALKS (PW)
That the above item be, and the same hereby is returned to
(CCP#35-JAN. 21, 03)
the Common Council without recommendation.
That the above item be and the same hereby is received and
Mr. Fontana moved:
filed.
That this Common Council approves the transfer of title for the
ADOPTED
west side of Kenmore Avenue between Military Road and
Vulcan Avenue to Erie County. That the Corporation Counsel
NO. 90
be authorized to prepare the necessary documents for the
DELTA SONIC PEDESTRIAN HAZARD W/GREASE-
transfer of title and that the Mayor be authorized to execute the
SMEARED SIDEWALKS (PW)
same.
(CCP#23-JAN. 21, 03)
ADOPTED
That the above item be and the same hereby is received and
filed.
NO. 98
ADOPTED
APPT-MEMBER-ELEVATOR SAFETY REVIEW BOARD
(MAYOR)
NO. 91
(CCP#1 -JAN. 21, 03)
SECOND HAND DEALER - 1832 SENECA STREET
That the above item be and the same hereby is received and
(ITEM NO. 36, C.C.P., DEC. 10, 2002)
filed.
(ITEM NO. 123, C.C.P., DEC. 26, 2002)
ADOPTED
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mr. Fontana Moved:
NO. 99
That pursuant to Chapter 254 of the City Code, the
APPOINTMENT AND RE-APPOINTMENT MEMBERS TO
Commissioner of Permit & Inspection Services be, and he
THE APPRAISAL REVIEW BOARD
hereby is authorized to grant a Second Hand Dealer license to
(ITEM NO. 2, C.C.P., JAN. 21, 2003)
David Gouchie d/b/a Stzko Enterprises located at 1832 Seneca
That the appointment of members to the Appraisal Review
Street.
Board of Joseph Sole, residing at 171 Park Street, for a term
PASSED
expiring December 31, 2003; and the reappointment of Michael
AYES - 12 NOES - 0
P. Size, residing at 502 Linwood Avenue, for a term expiring AYES - 12 NOES - 0
December 31, 2006 be, and they hereby are approved.
PASSED NO. 106
AYES - 12 NOES - 0 BY: MR. COPPOLA
ORDINANCE AMENDMENT
NO. 100 CHAPTER 216 - GARBAGE, RUBBISH AND REFUSE
REAPPT-MEMBERS-EMERG MED SERV (MAYOR) The Common Council of the City of Buffalo does hereby
(CCP#5-JAN. 21, 03) ordain as follows:
That the above item be and the same hereby is received and That Chapter 216 of the Code of the City of Buffalo be
filed. amended to read as follows:
ADOPTED § 216-55. Public collection of residential solid waste.
A. Residential solid waste shall be prepared for collection by
NO. 101 residential users in accordance
REAPPT-MEMBERS ZONING BOARD OF APPEALS with the provisions of this chapter. The Commissioner may
(MAYOR) promulgate rules and regulations
(CCP#6-JAN. 21, 03) covering the items of collection of solid waste and such other
That the above item be and the same hereby is received and matters pertaining to the public
filed. collection and disposal of solid waste as he may deem
ADOPTED necessary.
B. No person, except city employees in the performance of their
COMMUNITY DEVELOPMENT official duties and city contractors, shall engage in the
ANTOINE THOMPSON-CHAIRMAN collection of residential solid waste.
NO. 102 C. No solid waste collector or regulated substance collector
700 BLOCK OF MAIN ST. (STRAT. PLAN.) shall collect residential solid waste unless authorized by the
(CCP#13-MAR. 19,02) Commissioner.
That the above item be and the same hereby is received and D. The Department may collect residential solid waste
filed. (including solid waste from vacant lots) originating in the city as
ADOPTED defined by this chapter. Such public collection may be made at
a frequency determined by the Commissioner to be necessary
NO. 103 consistent with the public health, safety and general welfare.
A. J. HOMKOW - DORMITORY AUTHORITY'S SEQR - User fees shall be charged consistent with the frequency of
BUFFALO LIFE SCIENCES PROJECT collection.
(ITEM NO. 28, C.C.P., DEC. 26, 2002) E. The Commissioner may cause to be made not less than one
That the above item be, and the same hereby is returned to collection per week of solid waste from the several streets of
the Common Council without recommendation. the city, unless prevented by occurrence or occurrences
Mr. Thompson moved: beyond the city's control, including but not limited to a disaster,
That the Common Council does hereby adopt the Findings labor disturbance or strike, act of God, act of war, civil
Statement for the Buffalo Life Science Complex (Roswell Park disturbance, blizzard or explosion. This collection shall also
Cancer Institute and State University of New York University at include the removal and disposal of loose and scattered solid
Buffalo) in accordance with Article 8 of the Environmental waste found at the curbline at the time of public
Conservation Law (SEQRA) and Type I Action 6 N.Y.C.R.R. collection. This collection may also include clearing vacant lots
Part 617.4(b)(6)(v). of solid waste.
That the above item be and the same hereby is received and F. The Commissioner shall designate a schedule of additional
filed public collections during the course of the year, commencing
ADOPTED on April I and ending on November 30, on a biweekly basis and
shall promulgate rules and regulations for such additional
NO. 104 public collections.
TRANSFER OF TITLE, URBAN HOMESTEAD - 194 G. The residential user solid waste fees are established as
LOCUST STREET provided in Chapter 175, Fees, of this Code. The billing of such
(ITEM NO. 17, C.C.P., JAN. 21, 2003) user fees shall be subject to service review by the
That the above item be, and the same hereby is returned to Commissioner pursuant to the Commissioner's regulations. If
the Common Council without recommendation. payment of the user fee is not received within 30 days of the
Mr. Thompson moved that the above item be recommitted to billing date, a late charge as provided in Chapter 175, Fees, of
the Committee on Community Development. this Code shall be imposed, in addition to any interest which
ADOPTED may be due and owing. The date of receipt for mailed payments
shall be determined by the United States postmark indicated on
RESOLUTIONS the mailing,
NO. 105 § 216-56. Public collection of commercial solid waste.
BY: MR. COPPOLA A. Commercial solid waste shall be prepared for collection by
SALARY ORDINANCE AMENDMENT owners, agents and occupants in accordance with the
50 - DEPARTMENT OF PUBLIC WORKS, PARKS & provisions of this chapter. The Commissioner may promulgate
STREETS rules and regulations covering the items of collection of solid
1235 - LABOR POOL waste and such other matters pertaining to the public
The Common Council of the City Of Buffalo does ordain as collection and disposal of solid waste as he may deem
follows: necessary.
That part of Section I of Chapter 35 of the Code of the City of B. No person, except city employees in the performance of
Buffalo, relating to 50 - Department of Public Works, Parks, & their official duties, city contractors or solid waste collectors,
Streets, 1235 - Labor Pool which currently reads: shall engage in the collection of commercial solid waste. No
13 Street Worker $ 26,779 - $ 30373 person shall buy or receive any solid waste of any kind from
Is hereby amended to read: any person unauthorized to dispose of the same, and no such
23 Street Worker 26,779 - $ 30373 person engaged in the work of such collection shall sell or
IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the dispose of any material placed at the curbline for public
Charter, that the immediate passage of the foregoing ordinance collection exempt with the consent and in the manner
is necessary. prescribed by the Commissioner of Public Works. I ~J
C. No solid waste collector or regulated substance
JOSEPH N. GIAMBRA, COMMISSIONER OF PUBLIC collector shall collect commercial solid waste without a contract
WORKS, PARKS & STREETS with the commercial user unless authorized by the
AND MICHAEL A. SEAMAN, DIRECTOR OF BUDGET, Commissioner.
hereby certify that the above change D. The collection of commercial solid waste may be
is necessary for the proper conduct, administration and made at a frequency determined or negotiated by the
performance of essential services of that department. We Commissioner to be necessary and consistent with the public
recommend that the compensation for said position be fixed at health, safety and general welfare.
the respective amount set forth in the foregoing ordinance. E. The Commissioner may cause to be made not less
than one public collection per week of solid waste from the
That a personnel requisition incident to the creation of the several streets of the city, unless prevented by occurrence or
above-mentioned position, containing a statement of the duties occurrences beyond the city's control, including but not limited
for such position, has been filed with the Municipal Civil to a disaster, labor disturbance or strike, act of God, act of war,
Service Commission, and said Commission has approved and civil disturbance, blizzard or explosion.
certified the position title set forth in the foregoing ordinance as F. The commercial user solid waste fees shall be
being the appropriate Civil Service title for the proposed determined or negotiated by the Commissioner, billing of which
position. shall be subject to service review pursuant to the rules and
PASSED
regulations promulgated by the Commissioner; provided, Whereas: With the creation of a False Alarm Reduction Unit,
however, that such fee shall not be set acquisition of Alarm Tracking and Billing Software, and a
at a rate less than the rate provided in Chapter 175, Fees, of dedicated staff, the City of Buffalo is projected to reduce the
this Code. The Commissioner may determine or negotiate such number of false alarms by 3,000 to 5,000 in the first year, this
fees based on factors such as, but not limited to, the type of will provide a total of $500,000 in cost savings and prevent
use of the establishment, size of receptacle, quantity of waste wasted response to the City of Buffalo, the City of Buffalo is
generated, and the frequency of public collection. projected to increase additional revenue from associated fines
G. The Commissioner may negotiate the rate under the and registrations by approximately $500,000 annually and this
following bases. revenue far exceeds any associated costs with the
(1) The Commissioner may calculate the minimum rate implementation of a False Alarm Reduction Unit, and
by adding the fixed cost for public collection and Whereas: AOT Public Safety has indicated a willingness to
combining that with variable rate for public collection. The implement the Crywolf Alarm Billing and Tracking Software
Commissioner shall promulgate regulations setting forth the program in the City of Buffalo with little or no up-front cost to
criteria for fixed costs and variable costs. the City of Buffalo, and
(2) Alternatively, the commercial user may rent a Now, Therefore, Be It Resolved:
dumpster from the Department. The Commissioner may That for the betterment of the City of Buffalo, the Buffalo
negotiate such rates; provided, however, that such rates shall Common Council hereby requests that the Administration
not be negotiated at a rate less than the minimum rates set creates a False Alarm Reduction Unit, staffed with dedicated
forth in Chapter 175, Fees, of this Code. individuals and a contract is pursued with AOT Public Safety
H. If payment is not received within 30 days of the for the implementation of it's Crywolf Software.
billing date, a late charge as provided in Chapter 175, Fees, of Charley H. Fisher, III
this Code shall be imposed, in addition to any interest which REFERRED TO THE COMMITTEE ON BUDGET, THE
may be due and owing. The date of receipt for mailed payments COMMISSIONER OF ADMINISTRATION AND FINANCE,
shall be determined by the United States postmark indicated on THE CORPORATION COUNSEL, THE COMMISSIONER
the mailing. OF POLICE AND THE COMMISSIONER OF FIRE
It is hereby certified, pursuant to Section 3-19 of the Charter,
that the immediate passage of the foregoing ordinance is NO. 109
necessary. BY: MR. FONTANA
APPROVED AS TO FORM OPPOSE PROPOSED MEASURES TO REMOVE
Corporation Counsel EXEMPTIONS FROM THE CLEAN AIR ACT FOR
NOTE: Matter in brackets to be deleted; matter underlined is BARS,
new. BOWLING ALLEYS AND BINGO HALLS
REFERRED TO THE COMMITTEE ON LEGISLATION, THE Whereas: Erie County currently has one of the strictest
COMMISSIONER OF ADMINISTRATION AND FINANCE anti-smoking laws in New York State - the Erie County Clean
THE CORPORATION COUNSEL AND THE Air Act; and
COMMISSIONER OF ASSESSMENT Whereas: Since January 1, 1998, smoking has been banned in
almost all public areas, and in all workplaces with the exception
NO. 107 of bars, the bar areas of restaurants, and, under certain
BY: MR. DAVIS conditions, bowling alleys and bingo halls; and
REQUEST INFORMATION REGARDING REPORTED Whereas: Most businesses in Erie County have been diligent in
BUFFALO POLICE DEPARTMENT AND ERIE COUNTY obeying this law, and some have made significant investments
Sheriff Consolidation Discussions to wall off parts of their business where smoking is legally
Whereas: Local media outlets continue to report that talks allowed, from non-smoking areas; and
exists between the City of Buffalo Administration and the Erie Whereas: There is currently a proposal, that has not yet been
County Administration regarding consolidating the two clocked in with the Erie County Legislature, to ban smoking in
Municipalities law enforcement agencies; and bars, bowling alleys and bingo halls in order to protect workers
Whereas: To date, the Buffalo Common Council has received in those facilities from second hand smoke; and
no information on the "talked about" Consolidation; and Whereas: While the City of Buffalo does not encourage
Whereas: Any proposed merger that do not include direct smoking, and has actively embraced the County Clean Air Act,
communication with all interested parties will result in a the proposed revisions to that Act threaten to unravel the
tremendous outcry from individuals that live and work in the balance that has been peacefully created between the rights of
City of Buffalo; and smokers and non-smokers; and
Whereas: In order to ensure that any and all concerns are Whereas: Furthermore, banning smoking from bars, bowling
addressed in a timely fashion, it is essential to have input from alleys and bingo halls would cripple the economic base of many
constituents within the City of Buffalo; of those businesses, some of which have spent large sums in
Now, Therefore, Be It Resolved. a good faith effort to effectively obey the current laws on
That this Honorable Body respectfully requests the Mayor's smoking;
office to file an initial report with this Council, including an Now, Therefore, Be It Resolved That:
update of the "reported" ongoing talks regarding the merging of This Common Council opposes the near-term enactment of
the Buffalo Police Department with the Erie County Sheriffs any Erie County law that would remove the exemptions to the
Department; and Erie County Clean Air Act that allow smoking in bars, bowling
Be it Further Resolved. alleys and bingo halls; and
That this report should include the time frame for Be It Further Resolved That:
implementation of any planned consolidation, as well as the The City Clerk be directed to send certified copies of this
names of all the individuals involved with putting such plan resolution to County Executive Joel A. Giambra, to County
together; and Health Commissioner Anthony J. Billittier, IV, and the Clerk of
Be It Further Resolved. the Erie County Legislature.
That this report be filed with the Buffalo Common Council no REFERRED TO THE COMMITTEE ON LEGISLATION AND
later than 2:00 PM, Thursday, February 27, 2003; and THE CORPORATION COUNSEL
Be It Finally Resolved That.
That certified copies of this resolution be sent to Joel A. NO. 110
Giambra, Erie County Executive, all members of the Erie BY: MR. FRANCZYK
County Legislature, Erie County Attorney's Office, the Erie SUPPORT MARINE DRIVE RESIDENTS
County Sheriffs Office, the Buffalo PBA and the Afro-American WHEREAS: The tenants of Marine Drive Apartments are
Police Association. fearful of being forced out of their homes as a result of renewed
ADOPT THE FINAL TWO RESOLVES AND THE lease negotiations between the Buffalo Municipal Housing
REMAINDER TO POLICE REORGANIZATION Authority and the Marine Drive Management Association; and,
WHEREAS: It is patently unfair and wrong to make the
NO. 108 residents of Marine Drive Apartments pawns in a negotiation
BY: CHARLEY H. FISHER, III game which could negatively impact on their lives-, and,
THE CREATION OF A FALSE ALARM REDUCTION UNIT WHEREAS: The current forty-year lease at the Marine Drive
WHOSE DEDICATED STAFF WILL UTILIZE CRYWOLF, Apartments is expiring on January 15, 2004, but efforts to
AN ALARM TRACKING AND BILLING SOFTWARE assuage the fears of the residents, as well as look out for the
PROGRAMDESIGNED BY AOT PUBLIC SAFETY. best interest of the city, should have been in the works long
Whereas: The City of Buffalo responds to over before this time, and should not have evolved into the current
28,000 false alarms annually and spends over 5 million dollars crisis; and;
in wasted resources to respond to these false alarms, and WHEREAS: Rents for all public or quasi-public housing
Whereas: The City of Buffalo's current Alarm Ordinance was residents should be fair and equitable, accurately reflecting
implemented without the necessary software technology, ability to pay; and,
without a designated False Alarm Reduction Unit, and without WHEREAS: About half of the residents of the Marine Drive
dedicated staffing, together these factors have hampered the Apartments are senior citizens on fixed incomes, while another
enforcement of the City of Buffalo's Alarm Ordinance, and quarter of the residents have a family income fifty percent
below the national average. The overwhelming majority of inherent advantages of the downtown experience, as a result,
families residing in Marine Drive make $21,000 per year, which businesses continued to leave the urban core; and
is more than fifty-percent lower than the national per family Whereas: The City of Buffalo will not be successful in
average income of $42,000 annually. A smaller percentage of stemming downtown parking in favor of preservation if it must
middle income residents are also contributing to the fabric of act alone. It is incumbent upon the leaders of the area to realize
the Marine Drive community. These residents pay a rent that the treasures of downtown Buffalo are assets to the entire
surcharge above the rent of lower income residents; and, region. There is not one suburban community in this area that
WHEREAS: The Marine Drive Apartments, rather than being a can match the historical significance or aesthetic ambiance of
public housing "failure," are a model of stability where residents Downtown Buffalo. Yet 'in order to compete with the suburbs
cohabitate harmoniously, creating a successful neighborhood the city is continually forced to compromise its history by
waterfront community, and, demolishing buildings in order to make space for parking lots;
WHEREAS: Private developers may be eager to acquire this and
"prime real estate" where they will likely dramatically hike rents, Whereas: It has been 'indicated that a Comprehensive Plan for
thereby displacing long-time low, moderate and middle income the City of Buffalo is forth coming. While it is hoped that the
Buffalo residents; and, Comprehensive Plan will include a responsible parking plan it is
WHEREAS: The City of Buffalo is naturally interested in in our best interests 'in the interim to heed the advice of the
increasing revenues and should explore all possibilities to experts that have repeatedly concurred that there currently
improve the city's financial picture, but not at the expense of exists a surplus of nearly 1400 spaces 'in the downtown; and
low, moderate and middle income Buffalo residents through Whereas: There is an inverse relationship between the amount
revenue derived from selling the apartments benefiting only of parking lots and the vitality of a city. RIUDAT has stated that
higher income developers, owners or tenants. Buffalo's for the urban fabric of the central business district to be
financial difficulties can only be tackled through fundamental maintained, it is essential to reduce the practice of demolishing
governance restructuring, as opposed to creating a revenue buildings to create off-street parking and recommends the city
stream built on the backs of low, moderate and middle-income explore legal means of preventing this type of urban blight; and
Buffalo residents. The city should encourage plans which Whereas: There is a incongruity between the parking
assists the Marine Drive Apartments in generating more recommendations of Downtown 2002! (a plan that the city has
income for the city, without dislocating the current positive spent thousands of dollars and man hours preparing along with
relationship with existing tenants; and, public 'input) and actual downtown parking practice; and
WHEREAS: Although more city revenue may be extracted from Whereas: Unless and until practices, policies and rates are put
the Marine Drive Apartments, there is no sense in promoting into effect which reasonably accommodate both those parking
class warfare by rendering the waterfront accessible only to the for the short-term and all-day, there is likely to be continued
wealthy; and, pressure on City government to allow more demolition for
WHEREAS-. Any disposition of the Marine Drive Apartments surface parking lots and to construct more multi-level parking
should hold harmless long time residents; and, ramps which will further denigrate the urban fabric, further
NOW THERFORE BE IT RESOLVED: impair the walking experience and continue to discourage the
That any and all negotiations between the BMHA, Marine Drive presence of residents and visitors to the downtown area; and
Tenant Association, or any other entities or parties, to renew Now, Therefore, Be It Resolved:
the lease or any other disposition discussions regarding the In order to preserve the historical heritage of the area this
future of the Marine Drive Apartments, protect the permanent Common Council calls for an immediate moratorium on the
affordability and accessibility to all low, moderate and middle approval of new parking for the downtown area; and
income Buffalo residents, particularly the current residents; Be It Further Resolved:
and, In order to preserve the historical heritage of the area this
THREFORE BE IT FURTHER RESOLVED-. Common Council calls for an immediate moratorium on the
That any future lease agreement at the Marine Drive demolition of buildings in the downtown area. This moratorium
Apartments comply with all federal and state laws as they relate shall not include emergency demolitions that provide for public
to fair housing and equal tenant opportunity access to all safety; and
regardless of race, religion, gender or background, with no Be It Further Resolved:
discrimination of any kind to be fostered or tolerated; and, That this Honorable Body does hereby go on record in support
BE IT FURTHER RESOLVED: of extending the Metro Rail east past HSBC arena for a
That the Common Council supports the wishes of Marine Drive distance adequate to serve the Cobblestone District. This will
Apartment residents to remain in their homes with a renewed provide access to the ample parking areas located 'in the
lease and rent structure which allows them to stay in their district as well as spurring some economic growth. The city
apartments, and that any adjustment in rent or other rental currently runs a "parking shuttle" to the area at a cost of about
requirements, or any future apartment disposition, maintain $500,000 annually; and
permanent affordability for all; and, Be It Finally Resolved:
BE IT further RESOLVED: That copies of this resolution be distributed, for comment, to
That the city and BMHA explore ways to increase revenues for the entire delegation of federal, state and county elected
the city at the Marine Drive Apartments without negatively officials serving Buffalo and Erie County.
impacting current or future tenants. AYES–BONIFACIO, COPPOLA, FISHER, FONTANA,
BE IT FINALLY RESOLVED: FRANCZYK, GOLOMBEK, GRANT, LOTEMPIO, MARTINO,
That the Common Council opposes the sale of the marine drive PITTS, THOMPSON – 11 NOES – DAVIS -1
apartments
ADOPT 1st, 2nd AND 3rd RESOLVE REMAINDER TO THE NO. 112
COMMITTEE ON LEGISLATION, THE CORPORATION BY: MS. GRANT:
COUNSEL AND THE BMHA BOND RESOLUTION $100,000
AYES –BONIFACIO, COPPOLA, DAVIS, FISHER, HISTORICAL SOCIETY IMPROVEMENTS
FONTANA, FRANCZYK, GRANT, LOTEMPIO, MARTINO, ACCOUNT 3200
PITTS, THOMPSON – 11 NOES – GOLOMBEK -1 Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $100,000 General Improvement Bonds of said
NO. 111 City to finance the cost of the preparation of surveys,
BY: MESSRS. GOLOMBEK AND FRANCZYK preliminary and detailed plans, specifications and estimates
DOWNTOWN PRESERVATION necessary for planning HVAC improvements to the Historical
Whereas: The City of Buffalo, considered one of the Society Building located at 25 Nottingham Court, in the City, at
world's greatest cities at the beginning of the 20thCentury, is the estimated total cost of $100,000.
home to some of the most impressive examples of the work of The Common Council of the City of Buffalo, in the County of
this nations most renowned architects; and Erie, New York, hereby resolves (by the favorable vote of not
Whereas: The availability of the automobile has spurred urban less than two-thirds of all the members of said Common
and suburban sprawl with segmented zoning and low-density Council) as follows:
housing which has made public transportation financially Section 1. The Comptroller of the City of Buffalo, in the County
unfeasible for much of the region requiring the use of the of Erie, New York, is hereby authorized and directed to issue
automobile as the only convenient means of travel to and from General Improvement Bonds of said City in the principal
many parts of the Buffalo-Niagara region. This reality has led to amount of One Hundred Thousand Dollars ($100,000),
an unending and ever 'increasing demand for parking by some pursuant to the provisions of the Charter of said City and the
that have not considered the far reaching affects of the Local Finance Law, constituting Chapter 33-a of the
continuous and uncoordinated expansion of off street parking Consolidated Laws of the State of New York (the "Law"), to
'in the downtown area; and finance the cost of the preparation of surveys, preliminary and
Whereas: For many years Buffalo moved to answer the calls detailed plans, specifications and estimates necessary for
for additional Off street parking 'in the downtown area, parking planning improvements to the Historical Society Building
that was to help stabilize the business community in the area. located at 25 Nottingham Court, in the City, including
However, as the city demolished buildings, its architectural specifications for new HVAC systems. The estimated total cost
heritage and "walkability" were damaged, undermining the of said specific object or purpose for which the bonds
authorized by this resolution are to be issued, including
preliminary costs and costs incidental thereto and the financing Section 2. The proceeds of the sale of the bonds authorized by
thereof, is $100,000 as set forth in the duly adopted 2003 this resolution, or any bond anticipation notes issued in
Capital Improvements Budget of said City, as amended.. anticipation of the sale of said bonds shall be deposited in the
Section 2. The proceeds of the sale of the bonds authorized by Capital Projects Fund to the credit of the Department of Public
this resolution, or any bond anticipation notes issued in Works, Division of Buildings, "Museum of Science
anticipation of the sale of said bonds shall be deposited in the Improvements 2003, Bond Authorization Account No. 3200,
Capital Projects Fund to the credit of the Department of Public and shall be used for the specific object or purpose specified in
Works, Division of Buildings, "Historical Society Improvements Section 1 of this resolution
2003, Bond Authorization Account No. 3200, and shall be used Section 3. The City intends to finance, on an interim basis, the
for the specific object or purpose specified in Section I of this costs or a portion of the costs of said objects or purposes for
resolution which bonds are herein authorized, which costs are reasonably
.Section 3. The City intends to finance, on an interim basis, the expected to be incurred by the City, pursuant to this Bond
costs or a portion of the costs of said objects or purposes for Resolution, in the maximum amount of $100,000. This
which bonds are herein authorized, which costs are reasonably Resolution is a declaration of Official Intent adopted pursuant
expected to be incurred by the City, pursuant to this Bond to the requirements of Treasury Regulation Section 1. 150-2.
Resolution, in the maximum amount of $ 100,000. This Section 4. The following additional matters are hereby
Resolution is a declaration of Official Intent adopted pursuant determined and stated:
to the requirements of Treasury Regulation Section 1. 150-2. (a) The existing building is of Class "B" construction as defined
Section 4. The following additional matters are hereby by Section 11.00 a. 11. (b) of the Law, and the period of
determined and stated: probable usefulness applicable to the specific object or
(a) The period of probable usefulness for the specific object or purpose for which the bonds authorized by this resolution are to
purpose for which the $90,000 bonds herein authorized are to be issued within the limitations of Section 11.00 a. 12.(a)(2) of
be issued, within the limitations of § 11.00 a. 62 (2nd) of the the Law, is fifteen (15) years.
Law, is five (5) years. (b) Current funds are not required by the Law to be provided as
(b) Current funds are not required by the Law to be provided as a down payment prior to the issuance of the bonds authorized
a down payment prior to the issuance of the bonds authorized by this resolution or any bond anticipation notes issued in
by this resolution or any bond anticipation notes issued in anticipation thereof in accordance with Section 107.00 d. 9. of
anticipation thereof in accordance with Section 107.00 d. 9. of the Law.
the Law. Section 5. Each of the bonds authorized by this resolution and
Section 5. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of
any bond anticipation notes issued in anticipation of the sale of said bonds and the renewals of said notes shall contain the
said bonds and the renewals of said notes shall contain the recital of validity prescribed by Section 52.00 of the Local
recital of validity prescribed by Section 52.00 of the Local Finance Law. Said bonds and said notes shall be general
Finance Law. Said bonds and said notes shall be general obligations of the City of Buffalo payable as to both principal
obligations of the City of Buffalo payable as to both principal and interest by a general tax upon all the taxable real property
and interest by a general tax upon all the taxable real property within said City without limitation as to rate or amount. The faith
within said City without limitation as to rate or amount. The faith and credit of said City are hereby irrevocably pledged for the
and credit of said City are hereby irrevocably pledged for the punctual payment of the principal of and interest on said bonds
punctual payment of the principal of and interest on said bonds and said notes. Provision shall be made annually by
and said notes. Provision shall be made annually by appropriation by said City for the payment of interest on and for
appropriation by said City for the payment of interest on and for the amounts required for the amortization and redemption of
the amounts required for the amortization and redemption of said bonds and said notes.
said bonds and said notes. Section 6. The validity of the bonds authorized by this
Section 6. The validity of the bonds authorized by this resolution or any bond anticipation notes issued in anticipation
resolution or any bond anticipation notes issued in anticipation of the sale of said bonds may be contested only if
of the sale of said bonds may be contested only if: (a) Such obligations are authorized for an object or
(a) Such obligations are authorized for an object or purpose for which the City of Buffalo is not authorized to
purpose for which the City of Buffalo is not authorized to expend money, or
expend money, or (b) The provisions of law which should be complied with
(b) The provisions of law which should be complied with at the date of the publication of this resolution are not
at the date of the publication of this resolution are not substantially complied with,
substantially complied with, and an action, suit or proceeding contesting such validity, is
and an action, suit or proceeding contesting such validity, is commenced within twenty days after the date of such
commenced within twenty days after the date of such publication,
publication, or
or (c) Such obligations are authorized in
(c) Such obligations are authorized in violation of the violation of the provisions of the constitution.
provisions of the constitution. Introduced: February 4, 2003
Introduced: February 4, 2003 LAID ON THE TABLE
LAID ON THE TABLE
NO. 114
NO. 113 BY: MS. GRANT:
BY: MS. GRANT: BOND RESOLUTION $750,000
BOND RESOLUTION CITY HALL MASONRY RESTORATION
$100,000 MUSEUM OF SCIENCE IMPROVEMENTS ACCOUNT 3200
ACCOUNT 3200 Bond Resolution of the City of Buffalo, New York,,
Bond Resolution of the City of Buffalo, New York,, authorizing the issuance of $750,000 General Improvement
authorizing the issuance of $ 100,000 General Improvement Bonds of said City to finance the cost of the partial
Bonds of said City to finance the cost of the partial reconstruction of City Hall including masonry restoration, at the
reconstruction of the Museum of Science Building located at estimated total cost of $750,000.
1020 Humboldt Parkway, in the City, at the estimated total cost The Common Council of the City of Buffalo, in the County of
of $100,000. Erie, New York, hereby resolves (by the favorable vote of not
The Common Council of the City of Buffalo, in the County of less than two-thirds of all the members of said Common
Erie, New York, hereby resolves (by the favorable vote of not Council) as follows:
less than two-thirds of all the members of said Common Section 1. The Comptroller of the City of Buffalo, in the County
Council) as follows: of Erie, New York, is hereby authorized and directed to issue
Section 1. The Comptroller of the City of Buffalo, in the County General Improvement Bonds of said City in the principal
of Erie, New York, is hereby authorized and directed to issue amount of Seven Hundred Fifty Thousand Dollars ($750,000),
General Improvement Bonds of said City in the principal pursuant to the provisions of the Charter of said City and the
amount of One Hundred Thousand Dollars ($100,000), Local Finance Law, constituting Chapter 33-a of the
pursuant to the provisions of the Charter of said City and the Consolidated Laws of the State of New York (the "Law"), to
Local Finance Law, constituting Chapter 33-a of the finance the cost of cost of the partial reconstruction of City Hall,
Consolidated Laws of the State of New York (the "Law"), to including masonry restoration. The estimated total cost of said
finance the cost of cost of the partial reconstruction of the specific object or purpose for which the bonds authorized by
Museum of Science Building located at 1020 Humboldt this resolution are to be issued, including preliminary costs and
Parkway, in the City, including improvements to mechanical costs incidental thereto and the financing thereof, is $750,000
systems. The estimated total cost of said specific object or as set forth in the duly adopted 2003 Capital Improvements
purpose for which the bonds authorized by this resolution are to Budget of said City, as amended..
be issued, including preliminary costs and costs incidental Section 2. The proceeds of the sale of the bonds authorized by
thereto and the financing thereof, is $ 100,000 as set forth in this resolution, or any bond anticipation notes issued in
the duly adopted 2003 Capital Improvements Budget of said anticipation of the sale of said bonds shall be deposited in the
City, as amended. Capital Projects Fund to the credit of the Department of Public
Works, Division of Buildings, "City Hall Masonry Restoration, 1. That the filing of an application in the form required by the
2003, Bond Authorization Account No. 3200, and shall be used State of New York in conformity with the applicable laws of the
for the specific object or purpose specified in Section I of this State of New York including all understanding and assurances
resolution contained in said application is hereby authorized.
.Section 3. The City intends to finance, on an interim basis, the 2. That the Commissioner of Public Works, Parks and Streets,
costs or a portion of the costs of said objects or purposes for is directed and authorized as the official representative of the
which bonds are herein authorized, which costs are reasonably MUNICIPALITY to act in connection with the application and to
expected to be incurred by the City, pursuant to this Bond provide such additional information as may be required and to
Resolution, in the maximum amount of $750,000. This sign the resulting contract if said application is approved by the
Resolution is a declaration of Official Intent adopted pursuant STATE.
to the requirements of Treasury Regulation Section 1. 150-2. 3. That the MUNICIPALITY agrees that it will fund its portion of
Section 4. The following additional matters are hereby the costs of said Municipal Waste Reduction and/or Recycling
determined and stated: Project.
(a) The building to be partially reconstructed is of at least Class 4. That five (5) Certified Copies of this Resolution be prepared
"B" construction as defined by Section 11.00 a. 11. (b) of the and sent to the NEW YORK STATE DEPARTMENT OF
Law, and the period of probable usefulness applicable to the ENVIRONMENTAL CONSERVATION, ALBANY, NEW
specific object or purpose for which the bonds authorized by YORK 12233-7253, together with ONE (1) complete
this resolution are to be issued within the limitations of Section application.
11.00 a. 12. (a)(2) of the Law, is fifteen (15) years. 5. That this resolution shall take effect immediately.
(b) Current funds are not required by the Law to be provided as 6. That the Mayor is authorized to enter into an agreement with
a down payment prior to the issuance of the bonds authorized Erie County to implement the program.
by this resolution or any bond anticipation notes issued in 7. That the Mayor is authorized to transfer $35,000.00 annually
anticipation thereof in accordance with Section 107.00 d. 9. of for the years 2003, 2004 and 2005 from the BFI Recycling
the Law. Account to Erie County as the City of Buffalo's local share of
Section 5. Each of the bonds authorized by this resolution and the program.
any bond anticipation notes issued in anticipation of the sale of REFERRED TO THE COMMITTEE ON FINANCE THE
said bonds and the renewals of said notes shall contain the COMMISSSIONER OF PUBLIC WORKS THE C014NSIONE
recital of validity prescribed by Section 52.00 of the Local OF ADMINISTRATION AND FINANCE AND THE
Finance Law. Said bonds and said notes shall be general CORPORATION COUNSEL
obligations of the City of Buffalo payable as to both principal
and interest by a general tax upon all the taxable real property NO. 117
within said City without limitation as to rate or amount. The faith BY: MR. PITTS
and credit of said City are hereby irrevocably pledged for the NATIONAL ENGINEERS WEEK
punctual payment of the principal of and interest on said bonds WHEREAS: The week of February 18 through 24, 2003 has
and said notes. Provision shall be made annually by been designated "National Engineers Week" across the nation.
appropriation by said City for the payment of interest on and for This week will recognize the contributions and achievements of
the amounts required for the amortization and redemption of engineers; and
said bonds and said notes. WHEREAS: Throughout the state and nation, local chapters of
Section 6. The validity of the bonds authorized by this the National Society of Professional Engineers (NSPE) will be
resolution or any bond anticipation notes issued in anticipation conducting special activities to celebrate accomplishments
of the sale of said bonds may be contested only if: during this week; and
(a) Such obligations are authorized for an object or WHEREAS: Engineers have historically helped build
purpose for which the City of Buffalo is not authorized to settlements during the expansion of the American frontier.
expend money, or They developed the farms and factories to provide the
(b) The provisions of law which should be complied with necessities of life. The technology created is used in today's
at the date of the publication of this resolution are not agricultural and industrial systems, which contributed to the
substantially complied with, economic and social well being of mankind.
and an action, suit or proceeding contesting such validity, is NOW THEREFORE BE IT RESOLVED THAT: The Common
commenced within twenty days after the date of such Council recognizes the New York State Society of Professional
publication, Engineers, Inc. Erie/Niagara Chapter for applying technology to
or meet the urgent needs of today and creating an improved
(c) Such obligations are authorized in violation of the tomorrow for all citizens.
provisions of the constitution. BE IT FURTHER RESOLVED THAT: This Honorable Body
Introduced: February 4, 2003 does hereby proclaim the week of February 18 through
LAID ON THE TABLE February 24, 2003 as 'NATIONAL ENGINEERS WEEW' in
the City of Buffalo and urge all our citizens to join in making this
NO. 115 a significant and memorable event.
BY: MRS. LOTEMPIO ADOPTED
EXCUSE COUNCILMEMBER GRAY FROM COUNCIL
MEETING. NO. 118
Whereas: Councilmember Beverly Gray will be unable to BY: ANTOINE M. THOMPSON
attend the MEMORIALIZING RESOLUTION REQUESTING THE
Council meeting on Tuesday, February 4, 2003, STATE OF NEW YORK TO
Now, Therefore, Be It Resolved: CAP CARBON DIOXIDE EMISSIONS FROM
That the Common Council excuses Councilmember Beverly POWERPLANTS
Gray from attending the Tuesday, February 04, 2003, Common Whereas: There is a growing scientific consensus that Carbon
Council meeting. Dioxide (C02) and other greenhouses gases released into the
ADOPTED atmosphere will have a significant adverse affect on the Earth's
climate, as evidenced by the 1990's constituting the hottest
NO. 116 decade in
BY: MRS. MARTINO recorded history; and
RESOLUTION AUTHORIZING THE FILING OF AN Whereas: based on such scientific evidence, the United
APPLICATION FOR A STATE GRANT-IN-AID FOR A States has pledged, along with 170 countries under the United
MUNICIPAL WASTE REDUCTION AND/OR RECYCLING Nations Framework Convention on Climate Change, to reduce
PROJECT AND SIGNING OF THE ASSOCIATED STATE ITS greenhouse gas emissions; and
CONTRACT, UNDER THE APPROPRIATE LAWS OF NEW Whereas: the federal government has acknowledged that
YORK STATE. global warming and climate change are legitimate and urgent
Whereas: The State of New York provides financial problems confronting the world and this country; and
aid for municipal waste reduction and municipal recycling Whereas: energy consumption, specifically the burning of
projects; and fossil fuels, e.g. coal, oil and gas, accounts for more than 80
Whereas: The City of Buffalo herein called the percent of U.S. greenhouse gas emissions; and
MUNICIPALITY, has examined and duly considered the Whereas: the steps to remedy the consequences must include
applicable laws of the State of New York and the the mandatory reduction of carbon dioxide and other
MUNICIPALITY deems it to be in the public interest and greenhouse gas emissions from fossil fuel and power plants;
benefit to file an application under these laws-, and and
Whereas: It is necessary that a Contract by and between THE Whereas: existing power plants and steam generating facilities
PEOPLE OF THE STATE OF NEW YORK, herein called the can maximize efficiency by incorporating technological
STATE, and the MUNICIPALITY be executed for such STATE advances in energy production that increase electricity
Aid. generation, but do not require an increase in fossil fuel
Now, Therefore, Be It Resolved by the Common Council of the consumption, and thus, do not
City of Buffalo: increase carbon dioxide per megawatt hour of generated
electricity for all power plants and steam generation units; and
Whereas: State governments can greatly influence energy Felicitation for WILLIE HUTCH JONES
usage by exercising critical powers over energy supply and By Councilmember CHARLEY FISHER III
management; and ADOPTED.
Whereas: State Government action to reduce greenhouse gas
emissions and increase energy efficiency provides multiple NO. 122
local benefits by decreasing air pollution, creating jobs, BY: MR. THOMPSON
reducing energy expenditures, and saving money for APPOINTMENTS
municipalities, business, and citizens; and COMMISSIONERS OF DEEDS
Whereas: numerous Local, State and national organizations That the following persons are hereby appointed as
have appealed for immediate and meaningful action to institute Commissioner of Deeds for the term ending December 31,
a Statewide global warming policy, including a mandatory 2004, conditional, upon the person so appointed certifying
cap on carbon emissions from power plants; and under oath to their qualifications and filing same with the City
Whereas: the final deliberations of Governor Pataki's Clerk:
Greenhouse Task Force have been completed and its Fischer, Sharon Schuster, Sarah
preliminary recommendations strongly point to the need for Washington, Lillie Graziadi, Shirley
immediate action; Turner, Pennicle
and Total: 5
THEREFORE BE IT RESOLVED: that this Council hereby ADOPTED.
request the State of New York to
a) Establish a cap on carbon dioxide (C02) emissions from NO. 123
power plants at forty percent (40%) below 1990 emission By: Mr. Thompson
levels by the year 2017, requiring the mandatory reduction of APPOINTMENTS
carbon dioxide and other COMMISSIONERS OF DEEDS
greenhouse gas emissions from fossil fuel power plants to REQUIRED FOR THE PROPER
reduce greenhouse gases which would lead to: PERFORMANCE OF PUBLIC DUTIES
• Greater energy efficiency That the following persons are hereby appointed as
• Lower costs to consumers Commissioner of Deeds for the term ending December 31,
• Increased use of cleaner, renewable energy sources 2004, conditional upon the persons so appointed certifying
• Reduced negative impacts on public health under oath to their qualifications and filing same with the City
• Reduced negative impacts on the environment Clerk:
In order to help allay the critical issues of global warming and Abram, Darlene Kobler, David
climate change, and Valvo, Salvatore King, John
b) Encourage the electric and steam generating power Golombek, Jr., Joseph McDuffie, RaShied
industry to maximize efficiency by incorporating technological Fraterrigo, Ann Redmond, Lissa
advances in energy production that increases electricity Cook, Shari Aikin, Gail
generation, Kerr, Kenneth Pitts, James
but do not require an increase in fossil fuel consumption and Kurkland, Christine
thus, do not increase carbon dioxide emissions per Total: 13
megawatt-hour of generated electricity for all power plants and ADOPTED.
steam generating
units to protect the health, safety, and well-being of New York UNFINISHED BUSINESS
State residents; and
BE IT FINALLY RESOLVED: That the Clerk of this Council is NO. 124
hereby directed to forward copies of this Resolution to LL I NTRO #1 (2003)-DUNN TIRE PARK OPER BUDGET
Governor George E. Pataki to the Majority Leader of the New (CCP# 144 JAN 21, 2003)
York State Senate Joseph L. Bruno, to the Speaker of the New Mrs. LoTempio moved that the above item be taken
York State Assembly Sheldon Silver; and to each member of from the table. Seconded by Mr. Bonifacio.
the Western New York delegation to the New York State CARRIED
Legislature. Mrs. LoTempio now moved approval of the above item.
ADOPTED. Seconded by Mr. Bonifacio.
PASSED.
NO. 119 AYES-12. NOES-0.
BY: Mr. Thompson
APPOINTMENT OF LEGISLATIVE ASSISTANT NO. 125
Whereas: On Thursday January 4, 2001 Antoine M. ANNOUNCEMENT OF COMMITTEE MEETINGS
Thompson was sworn in Masten District Councilmember; and The following meetings are scheduled. All meetings are held in
Whereas: RaShied McDuffie of 935 Humboldt Parkway, the Common Council Chambers, 13 1h floor City Hall, Buffalo,
Buffalo, New York 14214, has been selected as Legislative New York, unless otherwise noted.
Assistant to the Masten District; Regular Committees
Now, Therefore, Be It Resolved: Committee on Civil Service Tuesday, Feb. 11, 2003 at 9:30
That RaShied McDuffie of 935 Humboldt Parkway, Buffalo, o'clock A.M.
New York be appointed Legislative Assistant, Masten District Committee on Finance Tuesday, Feb. 11, 2003 at 10:00
Council; and o'clock A.M.
Be It Further Resolved: following Civil Service
That the appointment is made effective Monday, February 3, Committee on Legislation Tuesday, Feb. 11, 2003 at 2:00
2003 o'clock P.M.
ADOPTED. Committee on Comm. Dev. Wednesday, Feb. 12, 2003 at
10:00 o'clock A.M.
NO. 120 Special Committees
BY: Mr. Thompson Regional Governance Wednesday, Feb. 5, 2002 at 2:00 o'clock
APPOINTMENT OF SENIOR LEGISLATIVE ASSISTANT P.M.
Whereas: On Thursday January 4, 2001 Antoine M. in Room 1417 City Hall
Thompson was sworn in Masten District Councilmember; and Budget at 10:00 o'clock A.M. in Room 1417 City Hall on City's
Whereas: Shamar N. Ashley of 232 Humboldt Parkway, Annual Financial Report & other issues; Monday, Feb. 10,
Buffalo, New York 14214, has been selected as Senior 2003 at 9:00 o'clock A.M. in Room 1417 City Hall on the
Legislative Assistant to the Masten District; creation of a
Now, Therefore, Be It Resolved: False Alarm Reduction Unit/Crywolf and same date at 1:00
That Shamar N. Ashley of 232 Humboldt Parkway, Buffalo, o'clock P.M. on MBBA Tax Lien Program vs. XSPAN13 in
New York be appointed Senior Legislative Assistant, Masten Room 1417 City Hall.
District Council; and MBEC Monday, Feb. 10, 2003 at 10:00 o'clock A.M.
Be It Further Resolved: in Room 1417 City Hall.
That the appointment is made effective Monday, February 3, Bi-National Bridge Thursday, Feb. 13, 2003 at 2:00 o'clock
2003 P.M.
ADOPTED. in Room 1417 City Hall.
Taylor Law Impasse Friday, Feb. 14, 2003 at 10:00 o'clock
A.M.
NO. 121 in Room 1417 City Hall.
By Mr. Thompson (Public Disclaimer): All meetings are subject to change and
FELICITATIONS/IN MEMORIAM cancellation by the respective Chairmen of Council
Attached hereto are Felicitation and In Memoriam Committees. In the event that there is sufficient time given for
Resolutions sponsored by Members of the Common Council as notification, it will be provided. In addition, there may be
indicated: meetings set up whereby the City Clerk's Office is not made
aware; therefore, unless we receive notice from the respective
Chairmen, we can only make notification of what we are made
aware.
NO. 126
ADJOURNMENT
On a motion by Mrs. LoTempio, Seconded by Mrs. Grant, the
Council adjourned at 4:22 p.m.
CHARLES L. MICHAUX, III
CITY CLERK
BOARD OF POLICE AND FIRE PENSION PROCEEDINGS
#1
OFFICE OF THE MAYOR-201 CITY HALL JANUARY 28,
2003
Present: Anthony M. Masiello, Mayor; Frank Belliotti, 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 January 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 January 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 8:50 a.m.