HomeMy WebLinkAbout03-0121
No. 2
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
January 21, 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
RECEIVED AND FILED
COMMON COUNCIL
NO. 4
CITY HALL - BUFFALO
Re-appointments of Member
TUESDAY, JANUARY 21, 2003
to the Broadway Market Board of Directors
AT 2:00 P.M.
Please be advised that pursuant to the powers vested in me
under the By-Laws between the City of Buffalo and the
PRESENT - James W. Pitts President of the Council,
Broadway Market Management Corporation (BMMC), I hereby
and Council Members Bonifacio, Coppola, Davis, Fisher,
re-appoint the following individual to the Broadway Market
Fontana, Franczyk, Golombek Grant, Gray, Martino, and
Board of Directors:
Thompson - 12.
William D. Hibbard
111 Highland Avenue Buffalo, NY 14222
ABSENT – LoTempio - 1.
Mr. Hibbard's term of office will expire December 31, 2004.
I hereby certify that the above named individual is fully qualified
On a motion by Mr. Fontana, seconded by Mr.
to serve as members of the Broadway Market Board of
Fisher, the minutes of the stated meeting held on January
Directors.
7, 2003 were approved.
RECEIVED AND FILED
FROM THE MAYOR
FROM THE MAYOR - EXECUTIVE DEPARTMENT
No. 1
NO. 5
Appointment of Member to the
Re-Appointment of Members to the
Elevator Safety Review Board
Emergency Medical Services Board
Pursuant to the powers vested in me by Chapter 167.3 of
Pursuant to the powers vested in me in Chapter 6 of the
the Buffalo Code, I hereby appoint the following individual to the
Code of the City of Buffalo, I hereby re-appoint the following
Elevator Review Board for a term commencing immediately and
individuals to the Emergency Medical Services Board for a term
will expire April 30, 2004.
commencing immediately and will expire June 30, 2005.
Donald M. Winkle, Jr.
James P. Keane 151 Whitfield Avenue Buffalo, 14220
Int. Union of Elevator Constructors-Local #4
Clarke E. Eaton 242 Blaine Avenue Buffalo, 14208
3527 Harlem Road
I hereby certify that the above named individuals are fully
Buffalo, NY 14225
qualified to serve as members of the Emergency Medical
Donald Winkle, Jr. is the Business Representative of the
Services Board.
Elevator Constructors Local #14. With this position he
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
represents over 180 active and retired elevator constructors in
DIVISION OF COLLECTIONS THE CORPORATION
all facets of the business including construction,
COUNSEL AND THE COMPTROLLER
modernization, maintenance and inspections. Mr. Winkle
received a Bachelor of Arts Degree from Canisius College in
NO. 6
1982.
Re-appointment of Members to the
Mr. Winkle has been appointed to replace his father, Mr.
Zoning Board of Appeals
Donald Winkle, Sr. who has resigned.
Pursuant to the powers vested in me by Chapter 511,
I hereby certify that the above named individual is fully qualified
Section 121, Article XXIV of Part II of the Code of the City of
to serve as a member of the Elevator Safety Review Board.
Buffalo, I hereby re-appoint the following individuals as
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
members of the Zoning Board of Appeals. Their terms will
DIVISION OF COLLECTIONS, THE CORPORATION
expire March 11, 2005.
COUNSEL AND THE COMPTROLLER
Anthony N. Diina 193 Huntington Avenue Buffalo 14214
William J. Collins, Jr. 343 Newburgh Avenue Buffalo
No. 2
14215
Appointment and Re-Appointment of Members to the
Warren F. Glover 17 Newport Avenue Buffalo 14216
Appraisal Review Board
I hereby certify that the above named individuals are fully
Pursuant to the powers vested in me by Section 312, Article
qualified to serve as members of the Zoning Board of Appeals.
17 of the Charter of the City of Buffalo, I hereby appoint and
REFERRED TO THE COMMTTTEE ON LEGISLATION,
re-appoint the following individuals, subject to confirmation by
THE DIVISION OF COLLECTIONS, THE CORPORATION
Your Honorable Body.
COUNSEL AND THE COMPTROLLER
APPOINTMENT:
Joseph Sole
FROM THE OFFICE OF CITIZEN SERVICES
171 Park Street Buffalo, 14201
Joseph Sole is currently a private consultant in the home
NO. 7
restoration and renovation business. From 1995 to 2000 Mr.
Monthly report from the Division of Citizen
Sole held the position of Commissioner of Assessment for the
Services (Mayor's Complaint Hot Line aka Help
City of Buffalo. Prior to his appointment, he had served in
Line December, 2002)
various roles within the Assessment Department since 1977.
Dear Members of Buffalo's Common Council:
Mr. Sole has been active in numerous community organizations
Attached for your review is a chart of the service calls received
and professional memberships, such as the Erie County
by the Division o Citizen Services during the month of
Assessors Organization and the Institute of Assessing and
December, 2002.
Appraising Officers. He holds a Bachelor of Science Degree
December 2002, was an interesting month in tracking calls to
from the State University College at Buffalo. Mr. Sole's term will
the Mayor's Hot line.
commence immediately and expire on December 31, 2003.
Overall, service call increased from 1,222 to 1,583, which is
RE-APPOINTMENT:
only about a 3% increase on a daily basis when compared to
Michael P. Size
November, because December had four (4) more working days
502 Linwood Avenue Buffalo, 14209
December also had the city's first significant snowfall of the
I hereby re-appoint Mr. Michael Size, subject to confirmation by
season, and BFI took over the city's recycling service in the
Your Honorable Body, for a four year term commencing
middle of the month, on December 16 . Service call decreased
immediately and ending December 31, 2006.
in most reporting categories, but the decreases were offset by
I hereby certify that the above named individuals are fully
calls for plowing (215), recycling (203), abandoned cars (70),
qualified to serve as members of the Appraisal Review Board.
and adjudication calls (86).
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
Snow plowing calls were fairly distributed between the council
DIVISION OF COLLECTIONS, THE CORPORATION
districts, with Niagara having the fewest at 11, and North
COUNSEL AND THE COMPTROLLER
having the most at 32.
Abandoned cars and adjudication calls were up, based entirely
No. 3
on the snowfall ii December. More people abandon cars during
Designate Commissioner of Administration
significant snowfalls, or they are at lease more visible and the
& Finance James B. Milroy, Ph.D.
adjudication calls were primarily related to unshoveled
Acting Mayor while Mayor is out of
sidewalks and parking complaints.
State
The recycling calls, increased from 72 prior to BFI, to 13 1, for
Pursuant to Article 4, section 4-4 of the Charter of the City of
the two (2) weeks that BFl took over recycling or about 13 calls
Buffalo, I hereby designate James B. Milroy, Commissioner of
a day.
Administration and Finance of the City of Buffalo "as the acting
During the two weeks that BFI provided recycling services,
mayor to perform the mayor's duties in the event the mayor is
recycling complaints fell 1 two districts (Masten and Niagara),
temporarily disabled or absent from the state."
and remained about the same in the North district.
When one considers that BFI was just starting and operating The results of our negotiations is that Mr. Burton has agreed
from city street maps, the overall performance, of starting in a and is prepared to pay one thousand five hundred dollars
winter month, with a holiday break, was solid and the company ($1,500), forty-eight cents (.48) per square foot for this parcel.
was very responsive to going back to streets that they may He has also agreed to pay for the cost of transfer tax, recording
have missed. This service will be closely monitored during fee's and cost of the legal description.
January, with an anticipation of service calls decreasing a BFI’s I am recommending that Your Honorable Body approve the sale
crews become more familiar with the daily routes. of 19 Cherry Street to Mr. Thomas Burton of Tatanka
In conclusion, city service requests remained at a consistent Development Company, Inc. in the amount of one thousand five
downward trend that began in July, at the start of this fiscal hundred dollars ($1,500). 1 am further recommending that the
year. Corporation Counsel prepare the necessary documents for the
As always, I hope that you find this information helpful. transfer of title and that the Mayor be authorized to execute the
RECEIVED AND FILED same.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 11
NO. 8 Results of Negotiations
Response: Abandon & Sell Flint Alley and 229 Howard, E. Cor. Lord,
Lease Portion of West Mohawk Vacant Lot: 25' x 100'
Item No. 17, C.C.P. 12/10/02 Assessed Valuation: $ 1,200.
The above referenced item has been sent to this office, The Office of Strategic Planning, Division of Real Estate,
City Planning and the Corporation Counsel for a response. has received a request to purchase 229 Howard Street from
Your Honorable Body can authorize the abandonment and sale Mr. Jesse J. Carmichael, 237 Lord Street, Buffalo, New York
of Flint Alley by two-thirds vote after an appraisal or by Public 14206. He owns property at 12 Pink, 235 Lord and resides at
Bid - Article 27, Section 27-4 of the City Charter. 237 Lord Street, a one family home, which is adjoining to 229
The Common Council can also authorize the lease or licenses Howard Street. He intends to use the property for extra yard
to use the southerly portion of West Mohawk Street between space.
Delaware and South Elmwood and two-way traffic will remain The Department of Permits and Inspection Services and the
on the northerly portion of West Mohawk - Article 27, Section Division of Collections have no objections to the sale. There are
27-8. no building code violations, taxes or other liens owed to the City
The City Charter Article 27, Section 27-12 states that the of Buffalo by the purchaser.
Council may "by two-thirds vote authorize upon such terms and An independent appraisal of the property was conducted by
conditions as it may determine and without payment of Julie A. Covelli of GAR Associates, Inc, 2399 Sweet Home
compensation therefore, the conveyance, without appraisal or Road, Amherst, New York 14228. She has estimated the value
public auction... to the United States of America or any of the parcel to be five hundred dollars ($500), twenty cents
governmental department, agency, or instrumentality thereof to (.20) a square foot. The Division of Real Estate has
be used for the purpose of carrying out its governmental investigated the sale of similar properties in the area. Sales
functions." prices range from thirty cents (.30) to thirty-six cents (.36) a
Should Your Honorable Body authorize the above transaction square foot.
by any of the above mentioned Sections of the Charter the The results of our negotiations is that Mr. Carmichael has
Office of Strategic Planning, Division of Real Estate, will assist agreed and is prepared to pay seven hundred fifty dollars
the Department of Public Works and the Federal G.S.A. in ($750), thirty cents (.30) per square foot, for the subject
carrying out the resolutions of the Common Council and file the property. He has also agreed to pay for the cost of the
results of our negotiations with the Common Council for appraisal, transfer tax, recording fees and cost of the legal
approval. description.
REFERRED TO THE COMMITTEE ON FINANCE I am recommending that Your Honorable Body approve the sale
of 229 Howard Street to Mr. Jesse Carmichael in the amount of
NO. 9 seven hundred fifty dollars ($750). 1 am further recommending
Amend Purchase Price that the Corporation Counsel prepare the necessary
250 and 252 Jersey Street documents for the transfer of title and that the Mayor be
C.C.P. Item 49, 9/3/02 authorized to execute the same.
In the above referenced item, Your Honorable Body REFERRED TO THE COMMITTEE ON FINANCE
approved the sale of 250 and 252 Jersey Street in the amount
of five thousand dollars ($5,000), which was the amount NO. 12
reported to you in our results of negotiation communication. Result of Negotiations
This amount was incorrect. The purchase amount agreed to 1171 Michigan, 60' N Edna Place
between the City and Mr. Victor Mirando was for four thousand Lot Size: 34f x 150'
five hundred dollars ($4,500). Assessed Valuation: $2,100
Therefore, I am requesting that Your Honorable Body amend 1173 Michigan, 150' S Dodge
and approve the sale from five thousand dollars ($5,000) to Lot Size: 26' x 1501
four thousand five hundred dollars ($4,500), for the property Assessed Valuation: $1,200
located at 250 and 252 Jersey Street to Mr. Victor Mirando. 1175 Michigan, 120' S Dodge
Mr. Fontana Moved: Lot Size: 30' x 120,
That the above communication from the Office of Strategic Assessed Valuation: $1,700
Planning, Division of Real Estate, dated January 16, 2003, be 1183 Michigan, 60' S Dodge
received and filed; and Lot Size: 30' x 120'
That the Common Council amends and approves the sale of Assessed Valuation: $2,700
250 and 252 Jersey Street to Mr. Victor Mirando in the amount 1187 Michigan, 120' S Dodge
of four thousand and five hundred dollars ($4,500.00), instead Lot Size: 30' x 120,
of the amount of five thousand dollars ($5,000.00) as Assessed Valuation: $1,700
previously approved in Item No. 9, C.C.P., September 3, 2002. The Office of Strategic Planning, Division of Real Estate has
PASSED received a request to purchase the above reference properties
AYES - 12 - NOES - 0 from Attorney Alan Dewart for Homespace Corporation, 701
Seneca Street, Buffalo, New York 14210. Homespace
No. 10 Corporation intend to build a group home for single teens,
Results of Negotiations sixteen to eighteen years of age.
19 Cherry, 169' E Michigan The Department of Permits and Inspection Services and the
Vacant Lot: 25' x 100' Division of Collections have no objections to the sale. There are
Assessed Valuation: $1,000 no building code violations, taxes or other liens owed to the City
The Office of Strategic Planning, Division of Real Estate, by the purchasers.
has received a request to purchase 19 Cherry Street from Mr. An independent appraisal of the properties was conducted by
Thomas Burton of Tatanka Development Company, Inc., 716 Howard P. Schultz & Associates, 360 Delaware Avenue,
Brisbane Building, 403 Main Street, Buffalo, New York 14203, Buffalo, New York 14202. He has estimated the value of the
The lot is adjacent to the building (former Carton Craft) and will properties to be twenty nine thousand five hundred dollars
be used for additional parking. ($29,500). The City of Buffalo Appraisal Review Board has
The Department of Permits and Inspection Services and the reviewed the appraisal and concurs with the appraisers
Division of Collections have no objections to the sale. There are estimate.
code violations, taxes or other liens owed to the City of Buffalo The results of our negotiations are that Homespace
by the purchaser. Corporation has agreed and is prepared to pay twenty nine
The Division of Real Estate has investigated the sale of similar thousand five hundred ($29,500) for these properties. They
vacant lots in the subject area. Sales prices range from have also agreed to pay for the cost of the appraisal, transfer
forty-eight cents (.48) to one dollar and fifty-six cents ($1.56) tax, recording fee's and cost of the legal descriptions.
per square foot.
I am recommending that Your Honorable Body approve the sale I am recommending that Your Honorable Body approve the sale
of 1171, 1173, 1175, 1183, and 1185 Michigan to Homespace of the 1.5 x 50' piece of property to Ms. Rebecca Dish in the
Corporation in the amount of twenty nine thousand five hundred amount of one hundred dollars ($150). 1 am further
dollars ($29,500). 1 am further recommending that the recommending that the Corporation Counsel prepare the
Corporation Counsel prepare the necessary documents for the necessary documents for the transfer of title and that the Mayor
transfer of title and that the Mayor be authorized to execute the be authorized to execute the same.
same.
REFERRED TO THE COMMITTEE ON FINANCE
REFERRED TO THE COMMITTEE ON FINANCE
No. 15
NO. 13
Transfer of Title, Urban Homestead Program
Results of Negotiations
616 Goodyear St.
42 S. Pontiac Street, S. Cor. Seward
City Owned-vacant lot, dimensions 30' x 105’
A Portion 264' x 95' Only
The Office of Strategic Planning, Division of Real Estate has
Vacant Lot: 275' x 95'
surveyed the city-owned vacant lot at 616 Goodyear Street,
Assessed Valuation $ 8,800.
Buffalo, New York 14211, parcel is 30' x 105~ in dimension;
The Office of Strategic Planning, Division of Real Estate,
and it has been determine that this parcel is inappropriate for
has received a request to purchase a portion of 42 South
either the construction of new housing or needed for public
Pontiac Street being 264' x 95' from Mr. Michael Cacciatore
purposes.
and Mrs. Stephanie Cacciatore, 1234 Bailey Avenue, Buffalo,
Mr. Christopher Loder residing at 614 Goodyear Street
New York 14206. Mr. and Mrs. Cacciatore intend to build a
indicated that he will clean, improve and maintain the lot in the
single family home and use as their place of residence.
event that he obtains title to the property under the Urban
The parcel adjoins another City-owned lot at 18 South Pontiac
Homestead Program.
89' x 95' which abuts the Buffalo River. The City will retain
The Division of Permits and Inspection Services and the
eleven (11) feet of frontage of 18 South Pontiac allowing a 100
Division of Collections have been contacted There are no
set back from the rivers edge for future public use.
property code violations, taxes or other liens owed to the City of
As a matter of disclosure, Mr. Cacciatore is employed by the
Buffalo by the homesteader.
Buffalo Urban Renewal Agency. He has followed all
We. therefore, recommend that the city-owned vacant lot to be
procedures to acquire this property and has provided this office
designated as a Homestead Property and be transferred to Mr.
with proof of their financial ability to purchase the land and build
Christopher Loder, on the condition that the property is cleared
a home.
and improved within (6) months and maintained in a sanitary
The Department of Permits and Inspection Services and the
manner.
Division of Collections have no objections to the sale. There are
Mr. Fontana Moved:
no building code violations, taxes or other liens owed to the City
That the above communication from the Office of Strategic
of Buffalo by the purchasers.
Planning dated January 16, 2003, be received and filed; and
The Division of Real Estate has investigated the sale of similar
That the city-owned property commonly known as 616
residential vacant lots in the subject area. Sales prices range
Goodyear Street, is hereby designated as Homestead Property,
from thirty seven cents (.37) to fifty cents (.50) per square foot.
and that the Mayor be, and he hereby is authorized to execute a
The results of our negotiations are that Mr. and Mrs.
deed transferring said property to Christopher Loder, residing
Cacciatore have agreed and are prepared to pay eight
at 614 Goodyear Street, for the amount of One Dollar ($ 1.00)
thousand dollars ($8,000), thirty-seven cents (.37) per square
and no more, and all costs of transfer, on the condition the
foot, for the subject property. They have also agreed to pay for
property is cleared and improved within six (6) months and
the cost of the transfer tax, recording fees and cost of the legal
maintained in a sanitary manner.
description.
Passed.
I am recommending that Your Honorable Body approve the sale
AYES - 12 - NOES - 0
of 42 South Pontiac Street to Mr. and Mrs. Cacciatore in the
amount of eight thousand dollars ($8,000). I am further
No. 16
recommending that the Corporation Counsel prepare the
Transfer of Title, Urban Homestead Program
necessary documents for the transfer of title and that the Mayor
40 Herman
be authorized to execute the same.
City Owned-vacant lot, dimensions 34' x 132’
Mr. Fontana Moved:
The Office of Strategic Planning, Division of Real Estate has
That the above communication from the Office of Strategic
surveyed the city-owned vacant lot at 40 Herman Street,
Planning, Division of Real Estate, dated January 15, 2003, be
Buffalo, New York 14212, parcel is 34' x 132' in dimension; and
received and filed; and
it has been determine that this parcel is inappropriate for either
That the offer from Mr. Michael Cacciatore and Mrs. Stephanie
the construction of new housing or needed for public purposes.
Cacciatore, residing at 1234 Bailey Avenue, in the sum of eight
Mr. James A. Black, Sr. residing at 44 Herman Street indicated
thousand dollars ($8,000.00) for the purchase of 42 S. Pontiac
that he will clean, improve and maintain the lot in the event that
Street, be and hereby is accepted; and
he obtain title to the property under the Urban Homestead
That the appraisal requested by the City of Buffalo shall be paid
Program.
by the purchaser; and
The Division of Permits and Inspection Services and the
That the transfer tax, recording fees and cost of legal
Division of Collections have been contacted There are no
description shall be paid by the purchaser; and
property code violations, taxes or other liens owed to the City of
That the Corporation Counsel be authorized to prepare the
Buffalo by the homesteader.
necessary documents for the transfer of title and that the Mayor
We, therefore, recommend that the city-owned vacant lot to be
be authorized to execute the same, in accordance with the
designated as a Homestead Property and be transferred to Mr.
terms of sale upon which the offer was submitted.
James A. Black, Sr., on the condition that the property is
Passed
cleared and improved with (6) months and maintained in a
AYES - 12 - NOES - 0
sanitary manner.
Mr. Fontana Moved:
No. 14
That the above communication from the Office of Strategic
Results of Negotiations
Planning dated January 16, 2003, be received and filed; and
Sell Portion of 197 Virginia St.
That the city-owned property commonly known as 40 Herman
The Office of Strategic Planning, Division of Real Estate,
Street, is hereby designated as Homestead Property, and that
has received a request to acquire a portion of 197 Virginia
the Mayor be, and he hereby is authorized to execute a deed
Street, a portion being 1.5' x 50' from Ms. Rebecca Dish, who
transferring said property to James A. Black Sr., residing at 44
owns the home at 170 Prospect.
Herman Street, for the amount of One Dollar ($ 1.00) and no
The parcel in question is a retaining wall between the City
more, and all costs of transfer, on the condition the property is
owned lot and Ms. Dish's backyard. The retaining wall is in very
cleared and improved within six (6) months and maintained in a
poor condition and Ms. Dish has agreed to acquire the 1.5' x
sanitary manner,
50' parcel and repair the block wall.
Passed.
The Department of Permits and Inspection Services and the
AYES - 12 - NOES - 0
Division of Collections have no objections to the sale. There are
no building code violations, taxes or other liens owed to the City
No. 17
of Buffalo by the purchaser.
Transfer of Title, Urban Homestead Program
The Division of Real Estate has investigated the sale of similar
194 Locust St.
properties in the area. Sales prices range from thirty cents (.30)
City Owned-vacant lot, dimensions 30' x 100’
to two dollars ($2.00) per square foot, for similar parcels.
The Office of Strategic Planning, Division of Real Estate has
The results of our negotiations are that Ms. Rebecca Dish has
surveyed the city-owned vacant lot at 194 Locust Street.
agreed to acquire the parcel for one hundred fifty dollars
Buffalo, New York 14204, parcel is 301 x 100' in dimension,
($150), two dollars per square foot. She has also agreed to pay
and it has been determined that this parcel is inappropriate for
for the cost of the transfer tax, recording fee's and cost of the
either the construction of new housing or needed for public
legal description.
purposes.
Ms. Betty Wilson residing at 198 Locust Street indicated that Prohibited Period Daily Except Sat. & Sun.
she will clean, improve and maintain the lot in the event that (List of specific streets subject to the above provisions is
she obtains title to the property under the Urban Homestead omitted. The record of such streets is on file in the office of the
Program. Division of Traffic Engineering, Room 512, City Hall.)
The Division of Permits and Inspection Services and the [(27)](29) Metered Parking. Not withstanding any other
Division of Collections have been contacted There are no provisions of this chapter, no person, firm or corporation shall
property code violations, taxes or other liens owed to the City of park or cause to be parked, any vehicle owned or controlled by
Buffalo by the homesteader. said person, firm or corporation in the portion of the public
We. therefore, recommend that the city-owned vacant lot to be streets or highways designated below, except in the following
designated as a Homestead Property and be transferred to Ms. manner:
Betty Wilson on the condition that the property is cleared and Metered Parking Locations
improved within 6 months and maintained in a sanitary manner. Period of Metered Parking
REFERRED TO COMMITTEE ON COMMUNITY Rate of Metered Parking
DEVELOPMENT (List of specific streets subject to the above provisions is
omitted. The record of such streets is on file in the office of the
FROM THE PRESIDENT OF THE COUNCIL Division of Traffic Engineering, Room 512, City Hall.)
bracketed [ I material to be deleted.
NO. 18 bold and underlined material to be added.
INFO- PEACE BRIDGE REFERRED TO THE COMMITTEE ON LEGISLATION
EXPANSION PROJECT
Final Results NO. 21
Ranking of Project Alternatives by Participants Change in Contract
At City Hall
Workshop #4 Stair Tower & Fire Protection System
COPY AVAILABLE IN CITY CLERKS OFFICE FOR REVIEW Modifications
REFERRED TO THE COMMITTEE ON BI-NATIONAL I hereby submit to Your Honorable Body the following
BRIDGE changes for City Hall, Stair Tower
& Fire Protection System, New Era Construction, C
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS #92010647.
AND STREETS 1. Furnish and install new slate flooring on 121/2
floor landing. Add $ 3,685.75
NO. 19 2. Furnish & install new door in basement.Add $ 4,823.00
Notification Serial # 9582 3. Furnish and install new door on 1't floor adjacent to
Install Stop Signs Treasury Dept. Add $ 5,878.80
in Hutchinson Avenue The foregoing change results in a net increase in the contract
at Thatcher Avenue of Fourteen Thousand Three Hundred Eighty Seven and
STOP SIGNS (ALL-WAY) - INSTALL 55/100 Dollars ($14,387.55).
In conformity with Section 49 of Chapter 479 of the Summary:
Ordinances of the City of Buffalo, the City Engineer hereby Current Contract Amount $165,750.00
notifies Your Honorable Body of this action supplementing, Amount of This Change Order (#1) Add $ 14,387.55
amending, or repealing existing provisions of Chapter 479 of Revised Contract Amount $180,137.55
the Ordinances, as stated below, to be effective forty five days Costs have been reviewed by the Consulting Engineer
after the first Council meeting at which they appear on the (DiDonato Associates, PE, PC) and the Department of Public
agenda as an item business. Works, Parks & Streets and were found to be fair and
That part of Subdivision 9 Section I I of Chapter 479 of equitable. Funds for this work are available in CPF 36322206
Ordinances of the City of Buffalo be supplemented by adding 445100 -Division of Buildings.
thereto the following: STOP SIGNS I request that Your Honorable Body authorize the
VEHICLES ON SHALL STOP BEFORE Commissioner of Public Works, Parks & Streets to issue a
ENTERING change order to the contractor as set forth above.
Hutchinson Avenue Thatcher Avenue REFERRED TO THE COMMITTEE ON FINANCE
RECEIVED AND FILED
NO. 22
NO. 20 B.Davis-K.Matheis-
Amendment of Illegal Dumping in Fell Alley
Subsections 27, 28 and 29 of Section 15 of Item # 32, CCP, January 7, 2003
Chapter 479 Traffic Ordinances In response to the above mentioned, Nick Tomasulo
Item No. 21, C.C.P. 03/19/96 and Item No. 123, C.C.P. will make sure that the illegal dumping of tires and debris in Fell
10/02/01 Alley is picked up by the Streets Department.
The following action is being submitted in order to correct REFERRED TO THE COMMITTEEE ON LEGISLATION
the inadvertent assignment of the Metered Parking Subsection
to a number (27) that had been previously reserved for No NO. 23
Stopping. Delta Sonic Pedestrian Hazard with
Therefore, the Department of Public Works, requests Your Grease-Smeared Sidewalks
Honorable Body's approval of the following amendments to the Item #76, C.C.P. 12/26/02
Traffic Ordinances of the City of Buffalo, Chapter 479. The abutting property owner is responsible for the
1. That Subsections 27, 28, and 29 of Section 15 of Article I be above referenced item and has been notified in writing by the
amended to read as follows: Department of Public Works, Parks & Streets.
(27) No Stopping Not withstanding any other provision of this REFERRED TO THE COMMITTEE ON LEGISLATION
Chapter and except when necessary to avoid conflict with other
traffic or in the compliance with law or the directions of a Police NO. 24
Officer or traffic control device, no person, firm or corporation Permission to Accept Grant Funds
shall stop or cause to be stopped any vehicle owned or New York State Strategic Investment Program
controlled by said person, firm or corporation for any length of Please be advised that Mr. Sam Hoyt,
time on the portion of the public street or highway designated Assemblymember 144th District has secured a strategic
below, to wit: investment grant for the amount of $250,000.00. This grant will
Public Highway Prohibited Portion of be used to enhance the streetscape and sidewalk lighting in the
Highway Grant/Ferry business district. No matching funds are required.
(List of specific streets subject to the above provisions is Permission is requested from Your Honorable Body to
omitted. The record of such streets is on file in the office of the authorize the City to enter into all necessary agreements to
Division of Traffic Engineering, Room 512, City Hall.) execute this grant and accept funds into our Capital Project
(28) No Stopping Not withstanding any other provision of this Account #30032106.
Chapter and except when necessary to avoid conflict with other Mr. Fontana Moved:
traffic or in the compliance with law or the directions of a Police That the above communication from the Commissioner of
Officer or traffic control device, no person, firm or corporation Public Works, Parks and Streets dated January 16, 2003, be
shall stop or cause to be stopped any vehicle owned or received and filed; and
controlled by said person, firm or corporation in the portions of That the Commissioner of Public Works, Parks and Streets be,
the public streets or highways named below during the periods and he hereby is authorized to accept grant funds and enter
indicated as follows: into all necessary agreements in the amount of $250,000 for
Prohibited Portion of Highway New York State Strategic Investment Program to enhance the
Prohibited Period streetscape and sidewalk lighting in the Grant/Ferry business
Requested Period Daily district.
Prohibited Period Daily Except Sunday PASSED
AYES - 12 - NOES - 0 LaSalle Park Concession
Mr. Raul Hernandez is under contract to the City forthe
No. 25 operation of the concession stand at LaSalle Park. Due to the
Permission to Enter into Agreements w/NYSDOT road construction at LaSalle Park access to the concession
Provide Matching Funds stand was restricted for more than half of the season.
Bailey Ave. Bridge over Cazenovia Creek I, therefore, request that the Common Council authorize a
BIN #2028320 PIN #5756.34 reduction of the rent due from Mr. Hernandez from $1,400.00
Permission is requested from Your Honorable Body to $700.00.
to authorize the Mayor of the City of Buffalo to enter into all Mr. Fontana Moved:
necessary agreements with the New York State Department of That the above communication from the Commissioner of
Transportation (NYSDOT) to administer, design, bid and Public Works, Parks and Streets dated January 16, 2003, be
construct the Bailey Ave. Bridge over Cazenovia Creek, PIN # received and filed; and
5756.34. That the Commissioner of Public Works, Parks and Streets,
In addition, permission is requested for the City to hire an be, and he hereby is authorized to reduce the rent due from
engineering consultant and commit funding necessary for first Raul Hernandez for LaSalle Park concession stand from
instance costs and all related Federal and Non-Federal shares $1,400.00 to $700.00 for the 2001-2002 season only.
of project costs. The City of Buffalo's share of costs for this Approve as amended
project is anticipated to be 5%. Costs estimates for the work, Passed.
including engineering costs are $3.25 million dollars and the AYES - 12 - NOES - 0
City's share of costs will be available in our Capital Account for
Local Match Reserve. No. 30
Mr. Fontana Moved: Certificate of Appointment
That the above communication from the Commissioner of In compliance with provisions of Section 24-2 of the
Public Works, Parks and Streets dated January 16, 2003, be Charter and Chapter 35-1 of the Ordinances of the City of
received and filed; and Buffalo, I transmit this certification of appointment(s) or
That the Commissioner of Public Works, Parks and Streets be, promotion(s). I further certify that the person(s) named in
and he hereby is authorized to enter into all necessary Schedule "All have been certified or approved by the
agreements with the New York State Department of Department of Human Resources/Civil Service for the
Transportation to administer, design, bid and construct the Appointment Effective: January 13, 2003 in the Department of
Bailey Avenue Bridge over Cazenovia Creek, PIN #5756.34. Public Works, Parks & Streets Division of Water to the
That the Commissioner of Public Works, Parks and Streets be, Position of Assistant Water Distribution Superintendent
and he hereby is authorized to hire an engineering consultant Permanent Contingent Promotion
and commit funding necessary for first instance costs and all at the: Intermediate Starting Salary $44,066.00
related Federal and Non-Federal shares of project costs. Dennis MacMillan 217 Rebecca Park Buffalo, New York 14207
Passed. REFERRED TO THE COMMITTEE ON CIVIL SERVICE
AYES - 12 - NOES - 0
FROM THE COMMISSIONER OF FIRE
No. 26
Reimburse NFTA for City Share NO. 31
Of Consultant Costs Return from Leave of Absence
Main Street Multi-Model Access and Be advised that Firefighter William Biondolillo has
Revitalization Project. returned from his unpaid military leave of absence effective
Item #130 of 12/26/02 January 1, 2003.
Permission requested from your Honorable Body to RECEIVED AND FILED
authorize the Commissioner of Public Works, Pa and Streets
to reimburse the City's share of costs for the Consultant costs No. 32
incurred by NFTA, preparation of an Environmental City Residency
Assessment regarding the proposed project for returning Requirement
vehicular traffic to Main Street within the Transit Mall. Please be advised that in compliance with the city
As per an executed memorandum of understanding project residency requirement, I have obtained a residency at 711
related costs are to be funded equally NFTA, the City of Buffalo Lafayette Ave, Buffalo, NY 14222, My telephone number is
and Buffalo Place, Inc. 883-4799.
The City of Buffalo share of costs will not exceed $75,000 and Sincerely,
funds are available in our capital projects account Michael L D’Orazio
#30032106-445 100. Deputy Commissioner of Fire
REFERRED TO THE COMMITTEE ON FINANCE RECEIVED AND FILED
NO. 27 NO. 33
Repair of Sidewalks on Coe Street DIFFERENCE IN PAY
Item 972, C.C.P. 12/26/02 John Harter
"G. Johnson - Sidewalk Repair on Coe Street" (Item No. 72, C.C.P. 03/18/97):
The Department of Public Works, Parks & Streets John Harter, Asst. Marine Engineer, on the Fire Boat at
has evaluated the sidewalks on Coe Place between Main & the Buffalo Fire Department was injured from May 6, 2002
Ellicott Streets and has determined that the area in question to present. He is owed a difference in pay from
has no tree root damage sidewalks. It appears they are in a September 2, 2002 to November 6, 2002 between Worker's
generally deteriorated condition due to age and climate, which Compensation (Allied Claim
places the responsibility for their replacement with the abutting Service) and the City of Buffalo for the amount of $3,914.50.
property owners in accordance with City Ordinances, Article (see attached table)
VII, Chapter 413-44. Mr. Fontana Moved:
REFERRED TO THE COMMITTEE ON COMMUNITY That the above communication from the Commissioner of
DEVELOPMENT Public Works, Parks and
Streets dated January 15, 2003 be received and filed; and
NO. 28 That the Comptroller be, and he hereby is authorized to pay
A. Thompson John Harter, Asst. Marine Engineer, on the Fire Boat in the
Butler Avenue Department of Fire in the amount of $3,914.50 for difference in
Change Direction of Traffic pay allowance under the provisions of the Workers'
Item No. 99, C.C.P. 1/7/03 Compensation Law from 9/2/02 to 11/6/02.
The following response is being submitted at the Passed
request of the Common Council as outlined in Item #99 of AYES - 12 - NOES - 0
January 7, 2003. Please be advised that the Department of
Public Works, Parks & Streets - Traffic Section has reviewed No. 34
the concerns expressed in your resolution. Difference in pay
The standard policy for changing the direction of travel on a Ann O'Brien-McKenna
street requires a petition with signatures of sevent3 five percent (Item No. 72. C.C.P. 03/18/97):
(75%) of the in agreement to the specified Ann O'Brien-McKenna, Community Grants Coordinator at
property owners
the Buffalo Fire Department was injured from October 22, 2002
change on the affected street(s). This department would have
to present. She is owed a difference in pay from October 22,
no objection to investigating this change provided that the
2002 to December 22, 2002 between Worker's Compensation
proper petitions are filed.
(Allied Claim Service) and the City of Buffalo for the amount of
REFERRED TO THE COMMITTEE ON LEGISLATION
$910.06. (see attached table)
Mr. Fontana Moved:
NO. 29
Waiver of Rent Due
That the above communication from the Commissioner of We respectfully request the approval for abatement of the
Public Works, Parks and above demolition and/or asbestos amounts specified along W
Streets dated January 15, 2003 be received and filed; and any associated administrative fees.
That the Comptroller be, and he hereby is authorized to pay REFERRED TO THE COMMITTEE ON FINANCE AND THE
Ann O'Brien-McKenna, Community Grants Coordinator at the CORPORATION COUNCIL
Department of Fire in the amount of $910.06 for difference in
pay allowance under the provisions of the Workers' NO. 37
Compensation Law from 10/22/02 to 12/22/02. REPORT ON DELI/CORNER STORES
PASSED Attached, please find the report on "Deli/Comer Stores" as
AYES - 12 - NOES - 0 requested by your honorable body. Should you require any
additional questions and or concerns, please contact the Office
FROM THE COMMISSIONER OF PERMIT & INSPECTION of Licenses.
SERVICES Copy available in City Clerks office for review
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 35
J Hauge-Delta Sonic Pedestrian Hazard NO. 38
W/Grease-Smeared Sidewalks Used Car Dealer
Item No. 76. C.C.P. 12/26/200 2262 Delaware
I am in receipt of the above stated Common Council Pursuant to Chapter 254 of the City of Buffalo Ordinances,
Communication and wish to supply your Honorable Body with please be advised that I have examined the attached
the following information. The property identified as 1264 Main application for a Used Car Dealer License located at 2262
Street, AKA Delta Sonic Car Wash has been the subject o Delaware and find that as to form is correct. I have caused an
several inspections performed by Building Inspector Kevin investigation into the premises for which said application for a
Klenk. This property is currently the subject of a Housing Court used car dealer license is being sought and according to the
Case and has been cited for the crumbling retaining wall, attached reports from the Zoning Office, Fire Department and
"planters" located at the front of the building require repairs to Building Inspections, I find it complies with all regulations and
be done, and a gutter needed at the building. The Building other applicable laws, I have caused an investigation by the
Inspector could find no evidence of the sidewalk being smeared Police Department into the moral character of Devin Hollands.
with grease. As of this writing we in the Department if Permit The attached thereto for Devin Hollands d/b/a Antithesis Autos
and Inspection Services will work with the Block Clubs and the LLC. This request is submitted for your approval or whatever
Housing Court of the City of Buffalo to assure a proper resolve action you deem appropriate.
to this matter. It is my sincere hope that this response satisfies REFERRED TO THE COMMITTEE ON LEGISLATION
your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION NO. 39
Used Car Dealer
NO. 36 18-20 Tonawanda
Request for Abatement of Demolition/Asbestos Bills Pursuant to Chapter 254 of the City of Buffalo Ordinances,
for properties listed below please be advised that I have examined the attached
A request for abatement of demolition or asbestos invoices is application for a Used Car Dealer License located at 18-20
being submitted for your approval. Attached are copies of the Tonawanda and find that as to form is correct. I have caused
prepared abatement form and any additional documentation. an investigation into the premises for which said application for
Listed below are the addresses, owners, invoice numbers, an a used car dealer license is being sought and according to the
reason for abatement request: attached reports from the Zoning Office, Fire Department and
ADDRESS and OWNER INVOICE NO. and REASON FOR Building Inspections, I find it complies with all regulations and
ABATEMENT other applicable laws. I have caused an investigation by the
226 MILLER STREET Police Department into the moral character of James Rhoades.
Charles F. Curry Company The attached thereto for James Rhoades d/b/a JTR Motor
Abatement amount: $5,204.00 Cars. This request is submitted for your approval or whatever
#8846 - Old property owner billed in error. See attached deed. action you deem appropriate.
New owner, John W. Dunkle, will be billed. REFERRED TO THE CIMMITTEE IN LEGISLATION
196 GIBSON STREET
Tu Hieu Buddhist Cultural Center FROM THE COMMISSIONER OF ADMINISTRATION AND
Abatement amount: $1,725.00 FINANCE
#7611 (Asbestsos) #8839 (Demolition) - Arrangement made
between Robert Sienkiewicz and this Not-for-profit NO. 40
organization. Consent to demolish signed without repayment Appoint Michael A. Seaman - Director of the Budget.
language (copy attached). Pursuant to Article 10, Section 10-7 of the Charter of the
419 JEFFERSON AVENUE (#8683) City of Buffalo, I hereby appoint Michael A. Seaman, 119
419 JEFFERSON AVENUE (#7643) Frontenac Avenue, Buffalo, New York 14216 to the position of
573 JEFFERSON AVENUE (#8679) Director of the Budget,
572 JEFFERSON AVENUE (#8680) Mr. Seaman has been the Director of Treasury since July 1998
568 JEFFERSON AVENUE (#8681) serving ably in that position. Prior to that time Mr. Seaman
571 JEFFERSON AVENUE (#8682) spent 14 years as an Assistant Vice President in the banking
247 MYRTLE STREET (#8678) industry where he prepared budgets, controlled expenses and
Buffalo Neighborhood Revitalization Corp. implemented revenue enhancing initiatives. In addition, Mr.
Total Abatement amount: $35,668. Seaman is the owner/operator of a private business
All these properties were acquired by B.N.R.C. for the purpose demonstrating initiative, motivation and a strong work ethic.
of enhancing the Home Ownership Zone (HOZO) Program. I hereby certify that Michael A. Seaman is well qualified to
The bills were sent out in error, because it was unknown as to discharge the duties of Director of the Budget, and I am
who was to pay for the demolition, BNRC or previous owner. All pleased to appoint him to this position.
demolition/asbestos charges RECEIVED AND FILED
Paid for directly from HOZO account. Department Head Name: James B. Milroy, Ph.D.
1749 SOUTH PARK AVENUE
Bernadette Judge FROM THE COMMISSIONER OF HUMAN RESOURCES
Abatement amount: $1,759.00
#6083 - Arrangement made between Robert Sienkiewicz and NO. 41
United Cerebral Palsy, the new owner. Consent to demolish Fire/EMS Task Force
signed without repayment language (copy attached). Comprehensive Review of Critical City Services
42 PECK STREET # 9, C.C.P. January 7, 2003
East Buffalo Community Ownership Please find attached my response to your request dated
Abatement amount: $9,458.00 January 8, 2003 for information regarding the above.
#5265 - Attached letter states that City will absorb demolition I am available, at your convenience, to meet with any member
as an overall development project with the E.B.C.O.P. of the Council, should you require additional information
Program. regarding this or any other City issue.
119 MILLS STREET REFERRED TO THE COMMITTEE ON BUDGET
PARADISE OPPORTUNITIES, INC.
Abatement amount: $5,906.00
#5273 - Paradise House Inc. (Ann Paris) is not-for-profit FROM THE CITY CLERK
transitional housing for women. Abatement requested by
former Councilmember Karen Ellington after ordering the tear NO. 42
down of this arson-plagued property, which Paradise had just Minutes of the Board of Ethics
purchased from the In-Rem sale.
Attached please find the minutes of the December 17, 2002 statement in Jan. or Feb. of 2003 for travel in 2002. Mr.
Board of Ethics meeting. Coppola noted for Mr. Giambra. that the code is very clear that
City of Buffalo submission should be made prior to traveling and that a full
Board of Ethics Meeting itinerary be submitted to the board at the conclusion of this
December 17, 2002 travel. Mr. Giambra stated that he would submit a full itinerary
Present: by the end of today. Mr. Michaux asked if this was the only
Douglas Coppola travel Mr. Giambra took tins year? Mr. Giambra answered
James Magavern "yes". Mr. Coppola then asked if Mr. Giambra is aware of any
Charles L. Michaux, 1H members of his staff that have traveled during the year 2002
Michael Risman who may not have filed a transactional statement? Mr. Giambra
Richard Sullivan stated that he would check on this, but that the City paid for the
David Hayes, of Counsel only other travel he is aware of by staff. Mr. Coppola thanked
Absent: Mr. Giambra for his cooperation and stated that the board
Eleanor Paterson appreciated his taking the time to attend the meeting.
Charles Price Item #6) Informational article printed by the news was received
Guests: and filed.
Brian Meyer, The Buffalo News Old Business: Item #1.) Mr. Coppola addressed Mr. Sullivan in
Leonard Matarese, Commissioner of Human Resources the matter of Mr. McGurn. Mr. Sullivan stated that he has
Joseph Giambra, Commissioner of Public Works, Parks & finished the draft letter and that he would e-mail it to all
Streets members for their review.
Item# 1) Roll Call The next meeting of the Board of Ethics was set for Tuesday,
Item #2) The board moved to accept the minutes of the January 7, 2003 in room 1317 at 9:00 a.m Meeting
December 3, 2002 meeting. So moved by Mr. Sullivan. All were adjourned.
in favor and the minutes were approved-
Item #3) Mr. Coppola thanked Mr. Hayes for forwarding the No. 43
letter to Mr. Ryan regarding the conflict of interest issue. Mr. DISPOSITION OF RECORDS
Coppola noted that the board received a response from him in Attached please find the following disposition of
a letter of December 6, 2002. Mr. Coppola asked the board, records from the following departments:
based on the letter of Dec. 6d% if there was a need to ask Mr. ADMINISTRATION AND FINANCE
Ryan to make any further submissions to the board Mr. RECEIVED AND FILED
Michaux stated that he felt the letter was very clear in its
response and the matter was received and filed by the board, No. 44
Item #4) Mr. Coppola then welcomed W. Leonard Matarese, Liquor License Applications
the new Commissioner of Human Resources to the meeting. Attached hereto are communications from persons
Mr. Coppola explained to Mr. Matarese that the board would applying for liquor licenses from the Erie County Alcohol
like to develop a close working relationship with his department Beverage Control Board.
and would welcome his participation as an ex-officio or a Address Business Name Owner's
designee from Human Resources as an ex-officio, member of Name
the board. Mr. Matarese thanked the board for the invitation. 268 Amherst Daniel Campieri Daniel
Mr. Coppola explained briefly to Mr. Matarese the process of Campieri
filing the Annual Disclosure Statements in January of each year RECEIVED AND FILED
with the City Clerk's Office and those individuals responsible
for filing the forms. He also explained the transactional No. 45
disclosure statement, which must be filed by various individuals Leaves of Absence Without Pay
if they are invited to take part in an informational seminar that is I transmit herewith notifications received by me,
paid for by a vendor. MT. Matarese spoke to the board on the reporting the granting of the leaves of absence without pay, in
duties and functions, old and new, that Human Resources is the various departments as listed:
embarking on and stated that his department would be more Public Works, Streets & Parks-
then happy to take the boards project on. He (Mr. Matarese) Robert Ralph
stated that he would have a person from his department Police-
contact the board and try to develop an outline for the program. Elizabeth Mann, Mark Lorenzo, Kathleen Mayer, Michael
He also stated that his department will be conducting Groves, Robert Loveless
supervisory training for all supervisors and managers RECEIVED AND FILED.
throughout the City and suggested that it might be a good time
for a component of the training to contain Ethic issues as well. No. 46
He welcomed the opportunity to participate and stated that the Appointments - Temporary, Provisional or Permanent
board should be hearing from someone -in his department I transmit herewith Appointments in the various
soon. Mr. Coppola thanked him for his time. Mr. Magavern departments made at the Minimum (Temporary, Provisional or
suggested that this might tie into the project Mr. Sullivan is Permanent) and for Appointments at the Maximum (as per
working on for the board, which is a manual or guide of the contract requirements) .
Code of Ethics, article 18 of the general municipal law to be REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
distributed to all department heads and board members for Certificate of Appointment
reference. Mr. Matarese stated that Ms. Fanti is going to be Appointment Effective: January 13, 2003 in the Department of
assigned to this project 'in con-junction with the Board of Administration and Finance Division of Parking Enforcement
Ethics. to the Position of Parking Enforcement Officer PROVISIONAL
Item #5) The board reviewed items submitted by Mr. Hayes Ronald J. Christopher II 26 Huntington Avenue Apt Buffalo
regarding previous letters sent to Mr. Giambra with regard to 14214
informing the board of any travel or gifts received by vendors. Certificate of Appointment
Mr. Coppola questioned if the itinerary submitted by Mr. Appointment Effective: January 9, 2003 in the Department of
Giambra, is sufficient. The board suggested that a letter go out Administration and Finance Division of Parking Enforcement
to Mr. Giambra asking for a full itinerary as submitted by him in to the Position of Junior Traffic Clerk PROVISIONAL
1999 for travel and attach a copy of this submission for his APPOINTMENT MINIMUM Starting Salary of $23,949
review. Mr. Matarese suggested that a form be developed to Maria Palamara 31 Commonwealth Buffalo 14216
document travel prior to a proposed trip and that this form be Certificate of Appointment
followed up after the trip to confirm actual expenses incurred- Appointment Effective: 1/10/03 In the Department of: Audit and
Mr. Magavern thought that this was a very good idea and Control
suggested that this form be developed through the Department Division of: Audit to the Position of: Senior Auditor Temporary
of Human Resources. Mr. Matarese stated that he would be Appointment at the: minimum Starting Salary of: $ 36,028
happy to do this for the board and that he could obtain a copy James Mesina 81 Fargo St Buffalo, NY 14201
of such a form currently being utilized by another municipality Certificate of Appointment
and make copies for distribution to the board for its review. Appointment Effective: in the Department of January 6,2003
At this point, Mr. Giambra. arrived and was welcomed to the Mayor and Executive Division of Citizen Services to the
meeting by Mr. Coppola. Mr. Coppola thanked Mr. Giambra for Position of
his disclosure and noted for him the itinerary he supplied to Complaint Clerk Provisional (pending non-competitive status)
the board back in 1999 and stated that the board would like him Appointment at the: Minimum Starting Salary of. $23,949.00
to please submit this same type of itinerary from his most Laquita White 188 Coit Street Buffalo, New York 14212
recent travel expenses for its review. Mr. Coppola informed Mr. Certificate of Appointment
Giambra that the board was concerned that there may not have Appointment Effective January 6, 2003 in the Department of
been any disclosure at all had a third party not contacted the Police
board. Mr. Coppola asked if Mr. Giambra. would like to to the Position of: School Crossing Guard Temporary
comment of this matter. Mr. Giambra stated that as he, has Non-Competitive
done in the past he planned to submit the transactional at the: Minimum Starting Salary of: $ 7.09
Phyllis Reed 18 Bickford Ave. Buffalo, New York14215 After all the history on this subject, I am quite surprised that
Janice Green 1081 West Ave. Buffalo, New York 14213 this meeting took place. What does a property owner like
Certificate of Appointment myself have to do to get into this "group"? Surely you are aware
Appointment Effective 1/14/03 in the Department of Public of my interest in this neighborhood. I have spent the last ten
Works Parks & Streets Division of Engineering to the Position years working to improve this place. Trading away our hard
of Machine Operator Permanent Appointment at the: Minimum fought goal of adequate police patrols is unacceptable.
Starting Salary of: $ 25,793 Please give me a call!
Syreetas J.Hill 525 Shirley Ave. Buffalo, NY 14215 REFERRED TO THE COMMITTEE ON LEGISLATION
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND NO. 50
REMONSTRANCES J GIAMBRA-CITY PARK DISTRICTS
NON-OFFICIAL COMMUNICATIONS Dear Ms. Collin,
I have received your letter of January 2, 2003 requesting
NO. 47 information on City Parks Districts. Please be advised that this
VAR INFO-NYS CS LAW SECT# 85 information was flied with the Council in May 2002, and was
Please file the attached information with the Common received and flied as Item # 147, C.C.P. of October 15, 2002.
Council. This information is related to items presently in the In addition to the information that was filed, please be advised
Committee on Civil Service concerning Amendments to NYS of the following assignment of Park Superintendents:
Civil Service Law Section 85, additional exam credits for Delaware Park District
children of Police Officers and Fire Fighters. Martin Luther King/Schiller Park District
Thank you. Houghton/ Stachowski District
Sincerely, Cazenovia Park District
NOTICE Front/Riverside Park District
Additional Points Available to Children of Police Officers and Forestry
Firefighters Killed in the Line of Duty (New Section 85-a, NYS Frank Salvo
Civil Service Law, effective. 9/17/02) William Durfee
On September 17, 2002, Governor Pataki signed into law a bill Greg Morcio
adding a new section 85-a to the Civil Service Law granting P.J. McPartlane
additional credit on civil service examinations for children of Anthony Greco
firefighters and police officers killed in the line of duty. This law Andy Rabb
is to take effect immediately Very truly yours,
"In conformance with Section 85-a of the Civil Service Law, REFERRED TO THE SPECIAL COMMITTEE ON STREETS
children of firefighters and police officers killed in the line of SERVICES
duty shall be entitled to receive an additional ten points in a
competitive examination for original appointment in the same NO. 51
municipality in which his or her parent has served. If you are S. VALERI-CLAIM-ROOT PROBLEM 241 HEATH ST.
qualified to participate in this examination and are a child of a Please file the enclosed correspondence for Tuesday,
firefighter or police officer killed in the line of duty in this January 21, 2003 Common Council
municipality, please inform this off of this matter when you Thank you for your attention to this matter.
submit your application for examination. A candidate claiming Dear Sir/Ms;
such credit has a minimum of two months from the application I am submitting a claim against the Buffalo Sewer Authority
deadline to provide the necessary documentation to verify and/or the City of Buffalo.
additional credit eligibility. However, no credit may be added For several months this last summer and fall (2002), sewage
after this eligible list has been established." from my house was blocked (intermittently) from flowing into
Applicants claiming these points must do so in writing the City's Main Sewer Pipe on Heath Street in Buffalo. After
(you may enclose in application), indicating the name, having the street dug up in late October of this year, the
title, relationship and place of employment of the plumbers that we hired determined that the cause of the
deceased parent. restricted flow was due to the 10-15lbs of roots that had
REFERRED TO THE COMMITTEE ON CIVIL SERVICE infiltrated the City's Main Sewer Pipe, through a hub on the
Main Sewer Pipe, 4 inches away from where our lateral pipe
NO. 48 joined the Main Sewer Pipe. Our plumbers confirmed that no
W & B. DADEY BUFFALO SABRES & BUFFALO BILLS roots had infiltrated our lateral through our lateral. One of our
We as Erie County and New York Sate tax payers feel that plumbers told us that the Main Sewer Pipe was half-filled with
our tax money could be better spent on schools, highways, water which meant that there was a major root problem in the
infrastructures and other means that benefit the community as City's Main Sewer Pipe.
a whole rather than incentive packages meant to retain the The plumber we hired to dig into the street stopped work on the
Sabre Hockey and the Bills Football teams in Buffalo. It is our dig when he realized the root problem was not in our lateral, but
opinion that government support of major sports teams benefit in the Main Sewer Pipe. The Buffalo Sewer Authority was
a relatively small segment of the tax paying (and voting) called and several employees came to look at the dig the
population while lining the pocket of the wealthy owners. following day.(I believe it was Friday, Oct 25th) The gentlemen
Essentially the owners use the threat of 'moving' the team to from the BSA were unable to see any roots in my lateral as they
blackmail the local and state politicians for money incentives. looked into it from the street.(241 Heath Our plumber
The priorities for our community should be better schools and suggested several times to the BSA employees that they come
roads and to assist Buffalo with it's current fiscal problems not back on Monday, Oct 28th and he would open my lateral
bigger and better stadiums and incentive packages that only further, showing them that all of the roots were coming out of
make rich team owners richer. Some of these team owners the City's hub. No BSA representative showed up on Monday,
don't even live in the communities that are paying out these October 28th. The plumber we used has over 40 years of
exorbitant incentive funds from our tax revenues. plumbing experience. After removal of my lateral from the main
You may be asking 'what would we do with these facilities if Sewer Pipe, he again confirmed to me that all roots had
these sport team (the Buffalo Sabres & the Buffalo Bills) were infiltrated the hub in the Main Sewer Pipe.
not using them? Well, I'm sure that we could put them to good I have the 10-15 pounds of roots that our plumber pulled off of
use. How about turning the Arena into a convention center and the hub near our lateral in a bag in my basement.
the current Buffalo Convention Center into a casino? The One of the plumbers we hired contacted Julie at BSA on or
stadium in Orchard Park would make a good place for high about October 9th and asked to have the Main Sewer Pipe on
school and college sports or concerts and musical Heath Street looked at and cleaned out, if necessary. The
performances. same plumber never heard back from Julie. He called and
Please do not provide any more tax funding of the local sport spoke with her some time after October 20th. He told me that
franchises. We are glad to share our opinions with you in this Julie told him BSA had been unable to pass a camera through
letter, by further communication either written (electronic or the Main Sewer pipe because of the high concentration of
letter) or by phone if you care to contact us (see below for email roots. Our plumber had not been informed of the massive root
and phone number). We will also be communicating our problem in the Main Sewer Pipe until he called, on
opinions in this matter with our vote as well. Thank you for you approximately Oct 20th, after work had begun on digging up
time and attention. our lateral pipe to the City's Main Sewer Pipe.
RECEIVED AND FILED I was forced to go forward with the digging as feces continued
to flow into our basement almost daily during the month of
NO. 49 October. The health of my family was in jeopardy.
B. JONES-CONCERNS-PKG SPACES-CHIPPEWA ST It is important to note that the BSA knew soon after the 9th of
I was extremely disappointed in reading the Buffalo News October that there was a major root problem in the sewer pipe
story "Time expiring on Chippewa St. parking ban". From my on Heath Street, but did not make any effort to clean the Main
point of view, it's a pretty bad deal trading parking spaces for Sewer Pipe. It was only when BSA learned that I had dug into
Buffalo Police patrols. If this is being reported accurately, the the street that they responded. BSA trucks and equipment
property owners and residents are getting one bad deal.
worked on clearing the Main Sewer Pipe for approximately 10 Please file the enclosed proposal for consideration at the next
days. session of the City of Buffalo Common Council.
Action was taken only after the plumber we hired discovered Available for review in the City Clerk’s Office
that the roots blocking our lateral were coming from the hub REFERRED TO THE MAYORS TASK FORCE
fours inches from our lateral. Unfortunately, we had already
been forced to dig into the street. NO. 56
I am disappointed by the reluctance by BSA representatives to NYS DEC FACT SHEET-FORMER STEEL MFG SITE 1/03
take responsibility. I was told by at least one BSA employee This Fact Sheet is to inform you about the clean up plans for
(who came to look at the dig) that BSA handles blocked Main the Former Steel Manufacturing site located in Buffalo, N.Y. If
Sewer Pipes as problems arise and does not actively maintain you have any questions or would like more information, please
Main Sewer Pipes like some of the surrounding suburbs. I don't do not hesitate to contact:
believe I should be responsible for this policy. The New York State Department of Environmental
I believe that the City of Buffalo/Buffalo Sewer Authority is Conservation (NYSDEC), cooperation with the New York State
responsible for the roots that blocked my sewage from flowing Department of Health (NYSDOH), pleased to inform you that
into the Main Sewer Pipe. I believe that if the Main Sewer Pipe the Remedial Work Plan and the Voluntary Clean agreement
had been properly maintained, the waste from our house would with Steelfields LTD, a private development company, has be
have been able to flow freely into the Main Sewer Pipe, and that approved. The approval was issued after careful consideration
no plumbing work would have been required. of resident concerns raised during the comment period. Clean
I am including the receipts for plumbing work done. The cost of up of contaminated are found on the former Republic Steel and
the plumbing work we had done is $5,109.91. 1 would like to be Donner Hanna Coke Properties should begin early in 2003. All
reimbursed for my expenses. work is scheduled to be completed within a five year period.
Sincerely, The site was the location of a 213 acre steel and coke making
Stephen Valeri facility. The has a significant amount of fill material (2 to 20 feet
241 Heath Street /Buffalo in depth) from past activity The fill consists of waste slag and
REFERRED TO THE COMMITTEE ON CLAIMS coke, in addition to significant quantities chemically
contaminated soils from past disposal practices on the site.
NO. 52 former above ground facilities were demolished previously by
PRESS RELEASE the Steel company.
DIVISION OF ENGINEERING The site is subdivided into four sections based on the historical
CLOSING OF THE operations t occurred there (see drawing). These areas are
SOUTH PARK AVENUE LIFT BRIDGE known as: Area I - Republic Steel Area, Area 11 -
OVER THE BUFFALO RIVER Donner-Hanna Coke Plant, Area III - Republic St Warehouse
South Park Avenue between Lee and Abby Streets will close and Area IV - Coke Storage Yard. A Remedial Action Work P
Monday, January 13, 2003 at approximately 1 0:00am. This has been prepared by the owners of the property to address the
portion of South Park Avenue will remain closed to all vehicle clean-up of property to acceptable levels for future industrial
and pedestrian traffic until May 1, 2003 in order to replace the and/or commercial development.
main lifting bearings on the South Park Avenue Lift Bridge. DESCRIPTION OF THE REMEDIAL ACTION
This project is being funded as part of the Buffalo / Niagara This Remedial Action Plan (RAP) is being undertaken
Area Wide Federal Transportation Improvement Program (TIP) specifically for the purposes of addressing the contamination
at a cost of $650,000.00. The posted detour route will be Bailey identified on the site under a Voluntary Agreement with the
Avenue to Seneca Street to Smith Street. NYSDEC. As part of the agreement the following tasks will be
RECEIVED AND FILED completed:
Area I - Republic Steel Area: This area contains
NO. 53 primarily subsurface petroleum contamination. The plan
L. MECKLER-REQ NFTA BUS STOP SHELTER-VIEW requires the removal of petroleum contaminated soil/fill (est.
TOPS ON NIAGARA ST 18,000 cubic yards), removal of underground piping (est. 1000
I am responding to your December 27, 2002 letter regarding feet), removal of underground storage tank (UST), and
the request for a bus stop and shelter at the new Tops excavation of inorganic contaminated soil. Excavated soils will
Supermarket on Niagara Street. The NFTA is willing to be placed in Area 11 (a designed storage area) or taken off-site
establish a new bus stop at the requested location providing the for disposal. Erosion control (est. 1100 feet) will be installed on
location is signed for "no parking". However, we would like to the river bank.
further discuss the shelter request with the Council's Area 11 - Donner-Hanna Coke Plant: This area contains
Committee and Tops. We suggest that it would be appropriate significant amounts of -volatile organic o
for Tops to consider including a sheltered waiting area for their compounds/semi-volatile organic compounds (VOCISVOC)
customers at the stop as part of the new facility or share in the contamination consisting of tars and light oils. The plan
cost of providing an NFTA shelter. Responsibility for cleaning requires the construction of a containment cell. Contaminated
and snow removal will also need to be addressed, ground water will be collected and treated before discharge to
We apologize for not having a representative at the January the City's sewer system.
2nd Committee on Legislation meeting but will be sure to attend pre-treatment of "blue-stained" ferrous-cyanide was
any future meetings to discuss this request. Please contact with containment in the Area 11 cell. Additional
Bob Gower at 855-7646 to further discuss this matter. about 20,000 cubic yards of tar/soils will
REFERRED TO THE COMMITTEE ON LEGISLATION excavated and disposed of off-site.
Area IV - Coke Storage Area: This area contains
NO. 54 VOC/SVOCs/Metals contamination. The plan
R. MOHR-L ADAMCZYK-RESULTS-2002 GEN ELECTION requires the removal of the coke for recycling
PROPOSITION #1 and/or reuse (est.80,000 cubic yards
2002 GENERAL ELECTION CERTIFICATION Groundwater will be collected and treated during
STATE OF NEW YORK) removal work.
COUNTY OF ERIE Entire Site: A long term groundwater monitoring
We, Ralph M. Mohr and Laurence F. Adamczyk, plan will be required for the entire site.
Commissioners of the Board of Elections of the County of Erie, DEC staff will be available during all construction
and constituting said Board of Elections, do hereby certify that activities to monitor compliance with the requirements
the annexed statement of canvass of the votes cast for the City of the work plan.
of Buffalo Proposition No. 1, Local Law No. 8 of 2002, in the Both documentation and community a
County of Erie, State of New York on the -5t" day of November, monitoring will be conducted during remedial
2002 is a true and correct transcript of the original entered and construction activities as required by the work
filed in this office on this date- plan.
City of Buffalo Proposition No.1 Additional details of the proposed remedial activities can be
Local Law No. 8 of 2002 found in the report entitled "Work Plan A Voluntary Clean-up
Reduce the Common Council from 13 to 9 Members Program Remedial
Yes Received 39496 Area III - Material Storage Yard: This area
No Received 21585 DesigrVRemedialActidn, Former Steel Manufacturing
Blank, Void & Scattering 14330 contains significant VOC/SVOC contamination Site, Buffalo,
Total Votes Cast 75411 New York", dated September 2002.
In Testimony Whereof, we have hereunto set our hand and from coal tars. The plan requires excavation and Public
affixed the Seal of the Erie County Board of Elections, this 29"" understanding and involvement are crucial to the success of
day of November, 2002. New York's Voluntary Cleanup Program The NYSDEC has all
RECEIVED AND FILED site documents available for your review, by appointment only,
at our Buffalo Office, 27 Michigan Avenue, Buffalo, N.Y.; or, at
NO. 55 the J.P. Dudley Branch Library, 2010 South Park Avenue (at
J. NAPORA-DEALING ACES IN THE QUEEN CITY Whitfield Buffalo, N.Y. If you would like to review any
documents or, have any questions, concerns or comment
regarding environmental aspects of the site, please contact York State that are well-suited for economic development. The
Mr. Gregory Sutton, Project Manager, at (71 851-7220. For site project was carried out under requirements of the Voluntary
related health concerns feel free to contact the New York Cleanup Program. More extensive sampling of Subparcel 2
State Department of Health Mr. Cameron O'Connor, Public was conducted between 2001 and 2002. The findings of these
Health Specialist, at (716) 847-4385. studies are presented in the Site Investigation Report dated
I ABOUT THE VOLUNTARY CLEANUP PROGRAM November 20
The Voluntary Cleanup Program was developed to enhance This sampling identified Contaminants Of Potential Concern
private sector cleanup of properties by enabling businesses to (COPCs) in the surface and subsurface soils, and material.
remediate sites using private rather than public funds, and to The COPCs included various semi-volatile organic compounds
reduce the development pressure on "greenfield" sites. Under and metals (e.g. barium, chromium, le and mercury). In
the Program, a volunteer agrees to investigate and remediate a addition, the pH of the groundwater in the southwestern half of
site to a level which is protective of public health and the Subparcel 2 was identified a concern, measuring as high as
environment for the present or intended use of the property 12. The elevated pH is attributed to the presence of lime that
Investigation and remediation is carried out under the oversight was used as a r material in the iron manufacturing process.
of NYSDEC. When the volunteer completE the work, the State Petroleum related non-aqueous phase liquid (NAPQ was
provides a release from State liability for the work done, identified two general areas in the southwestern portion of the
returning the site to productive us For more information site.
regarding New York State's Voluntary Cleanup Program, The November 2002 report concluded that the primary
please visit the Department web site at: exposure pathway for contaminants at the site was via direct
http://www.dec.state.ny.us/website/der/vcp/index.htm1. contact with the contaminated soils and fill. Analysis indicated
REFERRED TO THE HICKORY WOODS SUB COMMITTEE that the contaminants do not readily leach or release to the
groundwater. With the exception of the high pH, the
NO. 57 groundwater was not significantly impacted. Ground water is
NYSDEC –FACT SHEET-FORMER HANNA FURNACE not used at the site and therefore no direct contact with the
SUBPARCEL 2 groundwater is anticipated except during invasive construction
This Fact Sheet is to inform you about the cleanup plans for activities. It is proposed that removal of NAPL contaminated
a portion of the former Hanna Furnace site located in the south soil and a cover of clean soil, asphalt concrete would eliminate
portion of Buffalo. If you have any questions or would like more the potential for direct contact and hence be protective of public
information, please contact: health.
INTRODUCTION I DESCRIPTION OF THE REMEDIAL ACTION
The New York State Department of Environmental For this site, the Volunteer has proposed a mixed use of
Conservation (NYSDEC), in cooperation with the New York industrial/commercial development. The Voluntary anticipates
State Department of Health (NYSDOH) is pleased to inform that placement of the cover and implementation of the
you that Development Downtown, Inc. (DDI), an economic Remedial Action Work Plan will occur in stag over several
development agency associated with the City of Buffalo, has years, as each lot within Subparcel 2 is developed. The cover
volunteered to address contaminated areas in a portion of the will be placed directly over re-graded s fill material, and include
113 acre former Hanna Furnace facility. The remedial activities 12 inches of clean soil for proposed vegetated areas, asphalt
will be performed under the Department's Voluntary Cleanup for roads and parking lots an concrete for building slabs and in
Program and will address the former production area of the heavy-use areas. The petroleum impacted soils will be removed
site. This area has been designated as Subparcel 2 (see and either treat on-site or disposed at a permitted off-site
drawing). The remedial work will be done as the site is disposal facility.
redeveloped, which is expected to take several years to The work plan includes a SoiUFiI1 Management Plan which
complete. establishes protocols for the characterization and handling of
SITE BACKGROUND I soils/fill excavated, graded or otherwise disturbed during the
In 1900, the Buffalo Union Steel Corporation purchased the construction or development of the site. Soils found to contain
land that would become the manufacturing area and railroad contaminants at concentrations exceeding established site
yard. The Union Ship Canal was constructed in 1910 to service specific action levels will be disposed off site. The work plan
the facility. Pig iron manufacturing began around this time with also includes an Operation, Monitoring and Maintenance plan.
the construction of four blast furnaces. The Hanna Furnace This plan includes provision for the annual inspection,
Company acquired the property from Buffalo Union Steel in maintenance and repair of the cover system after site
1915, and subsequently became known as the Hanna Furnace construction or development completed. For the State's release
Corporation. from liability to remain in effect, annual certified inspection
Hanna Furnace ceased all operations in 1982 and Jordan reports will be require Also, the site will be limited to
Foster Scrap Corporation purchased the property in 1983. commercial or industrial use through deed restrictions.
They dismantled the blast furnaces, many of the buildings, and I PUBLIC REVIEW AND COMMENT ON THE PROPOSED
removed the rails from the railroad yard. In 1986, Jordan Foster PLAN
Scrap filed for bankruptcy. In 1998, the City of Buffalo acquired The proposed Remedial Action Work Plan is available . for
title to the property due to nonpayment of taxes. public review at the NYSDEC's Buffalo office (Please call Mr.
SITE DESCRIPTION Dave Lacey at (716) 851-7220 for an appointment. - Written
For future development considerations, the property was comments on the proposed Remedial Action Work Plan are
-
divided into four subparcels. They are: welcome and will be accepted from January 15, 2003 until
• Subparcel 1 - the former railroad yard and is about 43 acres February 14, 2003. Comments should directed to Mr. James
in size. Malcolm, P.E., Project Manager, NYSDEG, 625 Broadway,
• Subparcel 2 - the manufacturing area and is about 29 acres Albany, N.Y. 12233-7017 or jemalcol@gw. dec. state. ny. us.
in size. REFERRED TO THE SPECIAL COMMITTEE ON HICKORY
• Subparcel 3 - a 200 feet wide strip around the canal and WOODS
totals 22 acres.
• Subparcel 4 - a 19 acre area containing filter cake/flue ash PETITIONS
and debris.
In 1983, the NYSDEC added the Hanna Furnace site to its NO. 58
Registry of Inactive Hazardous Waste Disposal Sites, a class J. PITTS HICKORY WOODS RES REQ FORMATION OF
"2a" site. Class 2a indicated that there was insufficient data to COMMITTEE TO DISCUSS ISSUES
properly characterize potential issues at site. Subsequently, We as residents of the Hickory Woods community have been
several environmental studies were performed and in 1995, the forced over the last four years, to adopt a nearly superhuman
NYSDEC concluded: level of patience and understanding. We are continually
the site's soil and fill contained metals and bombarded with complex issues that we know will seriously
semi-volatile organic compounds at concentrations exceed affect our future health and welfare. Because of the complex
recommended soil cleanup guidance; and, nature of these issues, many residents feel overwhelmed and
groundwater and surface water in the canal contained various frustrated by the apparent lack of genuine progress towards
metals and phenols at levels exceeding w~ quality standards. an appropriate solution. We ask that all of Council and indeed
However, none of the soil or waste samples exhibited any of the all of City government remember, Hickory Woods residents
characteristics of hazardous waste. Therefore, Hanna Furnace asked for none of this daily distress and aggravation. We
site was removed from the NYSDEC Registry in accordance bought into our leadership's vision of a resurgent, growing
with State regulations. neighborhood and now find ourselves embroiled in one of the
I CURRENT ENVIRONMENTAL STATUS OF SUBPARCEL worst mistakes in Buffalo's history. Both residents and City
2 officials appear to remain in separate camps, the residents,
The investigation of Parcel 2 and the development of the trying their best to protect their families' futures and
RAWP was completed under the Empire St Development's government officials trying to protect scant resources and
(ESD) "ReBuild - Now New York" program. This collaborative reputations. 'Mew divisive attitudes cannot continue. We
effort between ESD, NYSDEC, believe that our Common Council can take a leadership role in
Governor's Office of Regulatory Reform (GORR) was created bridging the gaps of understanding.
to identify, prepare, and market parcels of la throughout New
We submit to you an idea for consideration, that a committee That the above mentioned item be and the same is hereby
be formed from Council that would meet on a regular basis received and filed.
and investigate all issues pertinent to Hickory Woods. A fresh ADOPTED.
start based on available information that would allow true
discourse. We are certain that our Councilmembers, as a NO. 66
group has not received a full accounting of the issues at hand M. FRANK-REQ. PURCHASE-1733 NIAGARA ST.
and deserve no less. Similarly, community members need (CCP#31-OCT. 29,02)
more information on Council's future role and commitment to That the above item be and the same hereby is received and
previous resolutions and actions. An honest, fully accessible filed.
investigation can only help all involved. ADOPTED
Though no issue can be ignored in this type of forum, there is
particular interest regarding chemical mapping, the LTV / NO. 67
Steelfields site remediation, the fair property price guarantee RESULTS NEG.-1733 NIAGARA (#103, 10/15) (#12, 10/1)
program and possible future funding sources. With these (STRAT. PLAN.)
points in mind, we respectfully ask for your consideration in (CCP# I 04-OCT. 29, 02)
appointing and administering such a committee. That the above item be and the same hereby is received and
Attached petition available for review in the City Clerk’s Office filed.
REFERRED TO THE COUNCIL PRESIDENT ADOPTED
REGULAR COMMITTEES NO. 68
CIVIL SERVICE J GOLOMBEK-M. FRANK-REQ PURCHASE 1733
(MARC A. COPPOLA, CHAIRPERSON) NIAGARA ST,
(CCP#73-DEC. 26,02)
NO. 59 That the above item be and the same hereby is received and
APPT. POLICE CAPTAIN (MAX) (POL) filed.
(CCP# 17-JAN. 7, 03) ADOPTED
That the above item be and the same hereby is received and
filed. NO. 69
ADOPTED RESULTS OF NEGOTIATIONS - 278 JOHNSON STREET
(ITEM NO. 5, C.C.P., JAN. 7, 2003)
NO. 60 That the above item be, and the same hereby is returned to
APPOINTMENTS the Common Council without recommendation
POLICE OFFICER (INTER) (POL) Mrs. Grant Moved:
(ITEM NO. 18-C.C.P. JAN. 7, 2003) That the offer from Dandon R. Land of D. Land Construction
That Communication 18, Jan. 7, 2003 be received and filed Company, Inc., 600 Southwest I 001h Avenue, Suite 301,
and the contingent permanent appointments of Scott Blesy and Pembroke Pines, Florida 33025, in the sum of Eight Thousand
Raymond Krug stated above at the maximum salary of $39,306 Dollars ($8,000.00) for the purchase of 278 Johnson Street, be
effective on December 18, 2002 is hereby approved. and is hereby accepted; and
PASSED That the appraisal requested by the City of Buffalo shall be paid
AYES - 12 NOES - 0 by the purchaser; and
That the transfer tax, recording fees and cost of legal
NO. 61 description shall be paid by the purchaser; and
APPOINTMENT That the Corporation Counsel be authorized to prepare the
SR. ACCOUNTANT CLERK-TYPIST (INTER) (A&F) necessary documents for the transfer of title and that the Mayor
(ITEM NO. 24-C.C.P. JAN. 7, 2003) be authorized to execute the same, in accordance with the
That Communication 24, Jan. 7, 2003 be received and filed terms of sale upon which the offer was submitted.
and the permanent appointment of Heidi L. Kirker stated above PASSED
at the intermediate salary of $27,080 effective on December 23, AYES - 12 NOES - 0
2002 is hereby approved.
PASSED NO. 70
AYES - 12 NOES - 0 INDEP. LEGAL COUNSEL FOR THE COM. COUNCIL OF
THE COB (# 13 9,9/3)(#98,11/26)
NO. 62 (CCP# 100-DEC. 26, 02)
APPOINTMENT That the above item be and the same hereby is received and
SR. STENO, (MAX) (A&F) filed.
(ITEM NO. 25-C.C.P. JAN. 7, 2003) ADOPTED
That Communication 25, Jan. 7, 2003 be received and filed
and the permanent appointment of Karen A. Kosmowski stated NO. 71
above at the maximum salary of $28,663 effective on APPT.-INDEP. LEGAL COUNSEL-COM. COUNCIL
December 23, 2002 is hereby approved. (#90,10/1)(#42,9/17)(499,11/26)(LAW)
PASSED (CCP# 101 -DEC. 26, 02)
AYES - 12 NOES - 0 That the above item be and the same hereby is received and
filed.
NO. 63 ADOPTED
NOTICES OF APPOINTMENTS-TEMP/PROV/PERM
(CCLK) NO. 72
(CCP#3 I -JAN. 7, 03) ENTER AGREEMENT WITH COUNTY OF ERIE/APPL. NYS
That the above item be and the same hereby is received and FIN. ASST. - MUN. WASTE
filed. REDUCTION/RECYCLING PROJECT
ADOPTED (ITEM NO. 28, C.C.P., NOV. 26, 2002)
(ITEM NO. 106, C.C.P., DEC. 26, 2002)
FINANCE That the Mayor be, and he hereby is authorized to enter into
(BETTY JEAN GRANT, CHAIRPERSON) an agreement with the County of Erie Department of
Environment and Planning to implement recycling education.
NO. 64 That the Commissioner of Public Works, Parks and Streets be,
REGISTRATION OF PROPERTY OWNERS, and he hereby is authorized to file an application and sign any
MORTGAGEES AND TAX AGENTS contracts with the State of New York for financial assistance for
(ITEM NO. 162, C.C.P., OCT. 15, 2002) municipal waste reduction and municipal recycling projects in
That the above item be, and the same hereby is returned to conformity with applicable state laws. Funds for this project in
the Common Council without recommendation. the amount of $35,000 are available from funds provided to the
Mrs Grant Moved: City of Buffalo by BFI under the terms of their contact for the
disposal of recyclable materials.
That the above item is hereby received and filed
PASSED
ADOPTED
AYES - 12 NOES – 0
NO. 65
LEGISLATION
REGISTRATION OF PROPERTY OWNERS,
(RICHARD A. FONTANA, CHAIRMAN)
MORTGAGEES AND TAX AGENTS (ASSMT.)
(ITEM NO. 16, C.C.P., NOV. 12, 2002)
NO. 73
That the above item be, and the same hereby is returned to
ORDINANCE AMENDMENT - CHAPTER 175 - FEES
the Common Council without recommendation.
(STREETS & SIDEWALKS)
Mrs. Grant Moved:
(ITEM NO. 147, C.C.P., DEC. 26, 2002)
That the above item be, and the same hereby is returned to B. BROWN-RENAME PORTION OF BROADWAY AS
the Common Council without recommendation MEMORIAL-A. TINNEY
Mr. Fontana Moved: (CCP#16-JAN 7, 03)
That the Ordinance Amendment as contained in Item No. 147, That the above item be and the same hereby is received and
C.C.P., December 26, 2002, be and the same hereby is filed.
approved. ADOPTED
Passed
AYES - 12 NOES - 0 NO. 85
RENAME PORTION OF PORTION OF BROADWAY(FIRE)
NO. 74 (CCP# 19 JAN 7, 03)
TRANSFER TITLE FOR VULCAN AVENUE TO ERIE That the above item be and the same hereby is received and
COUNTY filed.
(ITEM NO. 176, C.C.P., NOV. 26, 2002) ADOPTED
That the above item be, and the same hereby is returned to
the Common Council without recommendation NO. 86
Mr. Fontana moved: B . GRANT-NATIONAL FUEL GAS REPLACEMENT 135
Mr. Fontana moved that tie above item be recommitted to the ENGLEWOOD
Committee on Legislation. (CCP#75 DEC 26,02)
ADOPTED That the above item be and the same hereby is received and
filed.
NO. 75 ADOPTED
J GOLOMBEK-ADS ON POLICE CARS
(CCP#53-NOV. 12,02) NO.87
That the above item be and the same hereby is received and USED CAR DEALER LICENSE - 356 HOPKINS
filed. (ITEM NO. 22, C.C.P., JAN. 7, 2003)
ADOPTED That pursuant to Chapter 254 of the City Code, the
Commissioner of Permit & Inspection Services be, and he
NO. 76 hereby is authorized to grant a Used Car Dealer license to Julie
J. GOLOMBEK-ADS ON POLICE CARS (POL.) Wozniak d/b/a A Plus Auto, located at 356 Hopkins.
(CCP#31 -NOV. 26,02) PASSED
That the above item be and the same hereby is received and AYES – BONIFACIO, COPPOLA, DAVIS, FISHER,
filed. FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY,
ADOPTED MARTINO, THOMPSON – 11 NOES – PITTS - 1
NO. 77 NO. 88
PROHIBIT CO-MINGLING OF LEGAL AGE & UNDERAGE J. GOLOMBEK-J. RAMSEY & O-OPP. ISSUANCE OF LIQ.
PATRONS IN DRINKING EST. LIC.-561 FOREST AVE.
(EXE. 3' & 4' RES) (CCP#79-NOV. 26, 02)
(CCP#168-JUNE 25, 02) That the above item be and the same hereby is received and
That the above item be and the same hereby is received and filed.
filed. ADOPTED
ADOPTED
COMMUNITY DEVELOPMENT
NO. 78 (ANTOINE M. THOMPSON, CHAIRMAN)
NAT. DISASTER SAFETY & ASSISTANCE NO 89
COORDINATION SITE DESIGNATION -U N ION SHIP CANAL PROJECT
(CCP#171-MAR. 19,02) AREA-PREP. OF URBAN REN. AREA (HRG. 1/21)
That the above item be and the same hereby is received and CCP #3-1/7/03
filed. That the above item be and the same is returned to the
ADOPTED Common Council without recommendation.
RECOMMENDED BY THE COMMITTEE ON COMMUNITY
NO. 79 DEVELOPMENT
L. NACKE-CHEEK. POLICE DEPT.-REMOVAL OF A public hearing has been set, before the Common Council, at
WALDEN AVE. FRM TRUCK RTE. SYS. this regularly scheduled meeting, on the above item, and a
(CCP#56-NOV. 12, 02) Notice of Same has been published in the Buffalo News, a
That the above item be and the same hereby is received and copy of which is attached
filed. hereto.
ADOPTED On a motion by Mr. Fontana ,seconded by Mr. Thompson
the item is properly before the Common Council, and the
NO. 80 hearing is opened.
D. HERKEY-REQ. DECLAS. "TRUCK ROUTE" DESIGN. CARRIED.
-WALDEN-BAILEY-CHEEK. LINE Appearances -
(CCP#105-SEPT. 3, 02) Jim Rosanski
That the above item be and the same hereby is received and
filed. Mr. Fontana moved that the hearing be closed, Seconded by
ADOPTED CARRIED.
Site Designation - Union Ship Canal Project Area
NO. 81 (Item No. 3, C.C.P., Jan. 7, 2003)
LOVEJOY NEIGH. REQ.-REM. OF WALDEN AVE. FI7OM That the above item be, and the same hereby is returned to the
TRUCK RT. SYSTEM (PW) Common Council without recommendation.
(CCP#23-OCT. 29, 02) Mr. Thompson Moved:
That the above item be and the same hereby is received and That after a public hearing on January 21, 2003, the Common
filed. Council does hereby approve the designation of the Union Ship
ADOPTED Canal Project Area pursuant to Section 504 of the General
Municipal Law, as a substandard, insanitary area which tends
NO. 82 to impair or arrest the sound growth and development of the
P. PAUL-NATL FUEL GAS REPLACEMENT- 13 5 municipality, and that the Area be designated as appropriate for
ENGLEWOOD urban renewal treatment.
(CCP#36-JAN. 7, 03) PASSED
That the above item be and the same hereby is received and AYES - 12 NOES - 0
filed.
ADOPTED NO. 90
SITE DESIGNATION - UNION SHIP CANAL PROJECT
NO. 83 AREA
B. BROWN-RENAME PORTION OF BROADWAY AS (ITEM NO. 97, C.C.P., JAN. 7, 2003)
MEMORIAL-A. TINNEY That the above item be, and the same hereby is returned to the
(CCP#70-DEC. 26,02) Common Council without recommendation.
That the above item be and the same hereby is received and Mr. Thompson Moved:
filed. That the duly elected members of the Common Council do
ADOPTED hereby designate the described Union Ship Canal Project Area
as being substandard, insanitary area which tends to impair or
NO. 84 arrest the sound growth and development of the municipality,
as defined in Subdivision 3 of Section 502, Article 15 of the Non-Disclosure, Confidentiality and Licensing Agreement
New York State General Municipal Law, and do hereby (FLARE) (Item No. 93, C.C.P., July 23, 2002) (Item No. 96,
designate the area, pursuant to Section 504, Article 15 of the C.C.P., Oct. 1, 2002)
New York State General Municipal Law, as being appropriate That the above item be, and the same hereby is
for urban renewal treatment; and returned to the Common Council without recommendation.
That the Coordinator of Strategic Planning is hereby directed Mr. Thompson Moved:
and authorized to prepare an Urban Renewal Plan for the long That the above mentioned item be and the same is hereby
term, comprehensive redevelopment of the Union Ship Canal received and filed.
Project Area, as described, and that the draft Urban Renewal Adopted.
Plan be Submitted to the Common Council for approval.
PASSED No. 100
AYES - 12 NOES - 0 Inv. Env. Hazards-735 Humboldt Pkwy. (PW)
(CCP#32-Jan. 22, 02)
NO. 91 That the above item be and the same hereby is
URB RENEWAL SITE DESIG-UNION SHIP CANAL PROJ received and filed.
AREA-PLANNING BD APPR (PI BD) ADOPTED
(CCP#2-JAN. 7, 03)
That the above item be and the same hereby is received and No. 101
filed. 735 Humboldt Pkwy. CAO-Inv. Env. Hazards (PW)
ADOPTED (CCP#29-Oct. 29, 02)
That the above item be and the same hereby is
NO. 92 received and filed.
HOMESTEAD - 13 WASMUTH STREET ADOPTED
(ITEM NO. 4, C.C.P., JAN. 7, 2003)
That the above item be, and the same hereby is returned to No. 102
the Common Council without recommendation. A. Thompson-N. Anderson-Concerns-735 Humboldt
Mr. Thompson moved Pkwy.
That the offer from Mr. Stephen Brown, residing at 13 (CCP#73-Nov. 26,02)
Wasmuth Street, in the sum of Six Thousand Dollars That the above item be and the same hereby is
($6,000.00) for the homestead of 13 Wasmuth, be and is received and filed.
hereby accepted with the following conditions: ADOPTED
1 .All specific repairs be completed within eighteen (18)
months and the property be brought into code compliance. No. 103
2. The homesteader occupy the structure for a period of not B. Grant - K. Arnold - Grant Development Prospect
less than thirtysix months. Windparks
That the Corporation Counsel be authorized to prepare the (Item No. 7 1, C. C. P., July 9, 2002)
necessary documents for the transfer of title and that the Mayor Mr. Thompson moved that the above item be
be authorized to execute the same. recommitted to the Committee on Community Development.
PASSED ADOPTED
AYES - 12 NOES - 0
No. 104
NO. 93 Minimize Buffalo's Role in the Destruction of Rainforests
RESP.-LOC. LAW ENF. BLOCK GRANT (CIT. SVS.) (Item No. 150, C.C.P., Sept. 17, 2002)
(CCP# 1-NOV. 26,02) That this Common Council requests the Corporation
That the above item be and the same hereby is received and Counsel to draft an ordinance to minimize the impact of the City
filed. of Buffalo in the destruction of rainforests; and
ADOPTED That two models could be useful in drafting this ordinance,
Rainforest Relief s Model Ordinance, and Governor Pataki's
NO. 94 executive order #I I I requiring the use of Leadership in Energy
CIT. SVS.-LOCAL LAW ENF BLOCK GRANTS (CIT. SERV) & Environmental Design (LEED) standards in state
(CCP#5-DEC. 26, 02) construction projects; LEED requires the use of wood
That the above item be and the same hereby is received and harvested within 500 miles of all projects, where possible; and
filed. That this Common Council requests the Office of Strategic
ADOPTED Planning to develop and present to the Council, policies to be
included in the Local Waterfront Revitalization Program that
NO. 95 minimize impact of the City of Buffalo in the destruction of
RESP. TO CONGR. LAFALCE FROM ATTNY. S. rainforests.
POLOWICZ-CDBG/HSG. PROG. (ST. PL.) Adopted
(CCP#16-OCT. 30,02)
That the above item be and the same hereby is received and No. 105
filed. Park Improvements in the Masten District (PW)
ADOPTED (CCP#35-June 11, 02)
That the above item be and the same hereby is
NO. 96 received and filed.
J LAFALCE- REQ.-EXAM SCOPE/EFFECT. OF HUD ADOPTED
(BN4HA)
(CCP#57-OCT. 16, 02) No. 106
That the above item be and the same hereby is received and Casino Gaming (Exc. Fin. Res.) (Hrg. 10/ 17)
filed. (CCP#146-Oct. 1, 02)
ADOPTED That the above item be and the same hereby is
received and filed.
NO. 97 ADOPTED
M. FUNNEL-HUD-J. LAFALCE-REQ. -EXAM.
SCOPE/EFFECT. OF HUD FNDG.-RESPN. No. 107
(CCP#78-APR. 2, 02) K. Belanger-Bflo. Place-Memo. Of Understanding- Seneca
That the above item be and the same hereby is received and Nation of Indians
filed. (CCP#63 -Oct. 29, 02)
ADOPTED That the above item be and the same hereby is
received and filed.
NO. 98 ADOPTED
SALE OF CITY-OWNED PROPERTIES
(ITEM NO. 145, C.C.P., OCT. 29, 2002) No. 108
That the above item be, and the same hereby is returned to S. Hoyt-NYS & Seneca Nation of Indians Gaming
the Common Council without recommendation. Compact (Hrg. 11/4)
Mr. Thompson Moved: (CCP#75-Oct. 29, 02)
That the Office of Strategic Planning develop a process for a That the above item be and the same hereby is
yearly sale of nonforeclosed City of Buffalo property that has no received and filed.
industrial, neighborhood or commercial development. ADOPTED
Adopted.
No. 109
No. 99 J. Maggiore-Talking Pts.-Hearing on Casino Gaming
(CCP#77-Oct. 29, 02)
That the above item be and the same hereby is That the above item be and the same hereby is
received and filed. received and filed.
ADOPTED ADOPTED
No. 110 No. 122
A. Thompson-Gambling Statistics and Facts D. Zuchlewski-Black Rock/Riverside Good Neighbors
(CCP#75 -Nov. 26, 02) Plan Alliance-History, etc.
That the above item be and the same hereby is (Permits/Insp)
received and filed. (CCP#21-Jan 7, 03)
ADOPTED That the above item be and the same hereby is
received and filed.
No. 111 ADOPTED
A. Thompson-J. Metzger-Support No Casino Movement
(CCP#77-Nov. 26, 02) No. 123
That the above item be and the same hereby is A.Thompson-M. Lee-Inner City Football League
received and filed. (CCP#86-Apr. 16,02)
ADOPTED That the above item be and the same hereby is
received and filed.
No. 112 ADOPTED
A. Thompson-M. Williams-Concerns-Casino
Gambling/Transfer of Land No. 124
(CCP#78-Nov. 26, 02) M. Lee-Inner City Football League (PW)
That the above item be and the same hereby is (CCP#42-Apr. 30, 02)
received and filed. That the above item be and the same hereby is
ADOPTED received and filed.
ADOPTED
No. 113
B. Davis & A. Thompson-Var. Info.-Casino Gaming & No. 125
Meeting Transfer of Title, Urban Homestead - 200 and 202 Reed
(CCP#56-Dec. 10, 02) Street
That the above item be and the same hereby is (Item No. 83, C.C.P., Jan. 7, 2003)
received and filed. That the above item be, and the same hereby is
ADOPTED returned to the Common Council without recommendation.
Mr. Thompson Moved:
No. 114 That the city-owned properties commonly known as 200 and
A. Thompson-Info.-Pub. Mtg.-Casino Gaming-I 1/4/02 202 Reed Street, is hereby designated as Homestead Property,
(CCP#62-Dec. 10, 02) and that the Mayor be, and he hereby is authorized to execute a
That the above item be and the same hereby is deed transferring said properties to Mr. Jeffrey Still, residing at
received and filed. 204 Reed Street, in the amount of $ 1.00 (One Dollar), and all
ADOPTED costs of transfer, on the condition the properties are cleared
and improved within six (6) months and maintained in a
No. 115 sanitary manner.
A. Thompson-S. Carrubba-Green Party-Oppose Casino in Passed.
Bflo. AYES - 12 - NOES - 0
(CCP#80-Dec. 26, 02)
That the above item be and the same hereby is Education
received and filed.
ADOPTED (Charley H. Fisher III, Chairman)
No. 116 No. 126
A. Thompson-D. Persico-Objection to Casino M. Hanley-Magavern, etc.-Joint Schools Const. Bd. (Bd.
(CCP#81 -Dec. 26,02) Ed.)
That the above item be and the same hereby is (CCP#99-June 26, 02)
received and filed. That the above item be and the same hereby is
ADOPTED received and filed.
ADOPTED
No. 117
A.Thompson-"Teen Gambling-A Hidden Problem" No. 127
(CCP#83-Dec. 26,02) M. Hanley-Responses-Questions Re: Joint Sch. Const.
That the above item be and the same hereby is Bd.
received and filed. (CCP#78-Nov. 13, 02)
ADOPTED That the above item be and the same hereby is
received and filed.
ADOPTED
No. 118
A. Thompson-Var. Items-Casino Gaming-CD-12/18/02
No. 128
(CCP#84-Dec. 26,02)
G. Maas, Joint Schools Const. Bd.-Architects' Contracts
That the above item be and the same hereby is
(CCP#45-Dec. 11, 02)
received and filed.
That the above item be and the same hereby is
ADOPTED
received and filed.
ADOPTED
No. 119
D. Zuchlewski-Blck Rck/Riverside Good Neighb. Plan.
Special Committees
Alliance-Hi story, etc.
(CCP#75-Oct. 15, 02)
BUDGET COMMITTEE
That the above item be and the same hereby is
(Rosemarie LoTempio, Chairperson)
received and filed.
ADOPTED
No. 129
Fire Dept. Risk Assessment Review & Audit-Dept. Comm.
No. 120
(Compt)
D. Zuchlewski-Black Rock/Riverside Good Neighbor
(CCP#12-Nov. 27,02)
Plan Alliance (PW)
That the above item be and the same hereby is received and
(CCP#39-Dec. 26, 02)
filed.
That the above item be and the same hereby is
ADOPTED
received and filed.
ADOPTED
No. 130
Closing Ladder I I (PW)
No. 121
(CCP#37-Mar. 5,02)
D. Zuchlewski-Black Rock/Riverside Gd Neighbors Plan.
That the above item be and the same hereby is received and
All.-
filed.
History, etc. (POL)
ADOPTED
(CCP#40-Dec. 26, 02)
No. 131 No. 143
Emerg. Closing-Ladder 11-636 Fillmore (Fire) Ciminelli Group-Info.-On Move W/Diversity & Inclusion
(CCP#41 -Mar. 5,02) (CCP#59-Nov. 26, 02)
That the above item be and the same hereby is received and That the above item be and the same hereby is
filed. received and filed.
ADOPTED ADOPTED
No. 132 RESOLUTIONS
Response Times-1/02-8/02 (Fire)
(CCP#46-Oct. 29, 02)
MR FISHER WAS EXCUSED 3:10 PM
That the above item be and the same hereby is received and
filed.
No. 144
ADOPTED
By: Mr. Bonifacio
City of Buffalo
No. 133
Local Law No. _ (2003)
Est. “Speed Zones” Around Schools Located in COB
Introductory No. 1 (2003)
(#115, 12/11)
A LOCAL LAW amending the Charter of the City of
(CCP#63-Jan. 8, 03)
Buffalo in relation to fiscal year for the Dunn Tire Park
That the above item be and the same hereby is received and
Operating Budget.
filed.
BE IT ENACTED BY THE COMMON COUNCIL OF THE
ADOPTED
CITY OF BUFFALO AS FOLLOWS:
Section 1. That Section 20-18 of the Charter of the City of
No. 134
Buffalo, adopted pursuant to law, is hereby amended as
Est. "Speed Zones" Around Schools (PW) (#35, 12/26)
follows:
(CCP#64-Jan. 8, 03)
§ 20-18. Due Dates.
That the above item be and the same hereby is received and
The procedure for the preparation, adoption and execution of
filed.
the annual operating budget for the Board of Dunn Tire Park
ADOPTED
shall be as provided in sections 20-1 through 20-16, as
applicable, except that:
No. 135
(a) the board shall submit its estimate to the mayor on or before
Est. Speed Zones Around Schools (Bd. Ed)
[November]
(CCP#55-Mar. 5, 02)
February 1 ;
That the above item be and the same hereby is received and
(b) the mayor shall submit a budget to the council on or before
filed.
[February] May 1;
ADOPTED
(c) if the budget as passed by the council contains any
additions, it must be presented by the city clerk to the mayor on
No. 136
or before [February] May 22; and
Est. “Speed Zones” Around Schools Located in COB (Bd.
(d) if a budget has not been adopted as so provided on or
Ed)
before [March] June 8, then the budget as submitted by the
(CCP#50-Nov. 26, 02)
mayor, including all additions to which the mayor has failed to
That the above item be and the same hereby is received and
object shall be the budget for the ensuing year.
filed.
Section 2. Insofar as the provisions of this local law are
ADOPTED
inconsistent with the provisions of any other local law or act, the
provisions of this local law shall be controlling.
No. 137
Section 3. This local law shall take effect on July 1, 2003.
J. Golombek-Info. -Merger of Louisville, Ky.
APPROVED AS TO FORM
W/Jefferson Co.
NOTE: Matter in brackets [] to be deleted; matter under- lined
(CCP#52-Nov. 12, 02)
is new.
That the above item be and the same hereby is
LAID ON THE TABLE
referred to the Special Committee on Regional Governance.
ADOPTED
No. 145
BY: MR. COPPOLA
No. 138
SALARY ORDINANCE AMENDMENT
Criteria for Bflo/Erie Co. Merger
11 - DEPARTMENT OF ADMINISTRATION & FINANCE
(CCP#173-Nov. 26,02)
1050 - BUDGET & MANAGEMENT
That the above item be and the same hereby is referred to
The Common Council of the City Of Buffalo does
the Special Committee on Regional Governance.
ordain as follows:
ADOPTED
That part of Section I of Chapter 35 of the Code of the City of
Buffalo, relating to I I - Department of Administration &
No. 139
Finance, 1050 - Budget & Management which currently reads:
Create Greater Buffalo
3 Associate Management Analyst $ 47,884 - $
(CCP#174-Nov. 26,02)
57,003
That the above item be and the same hereby is
Is hereby amended to read:
referred to the Special Committee on Regional Governance.
2 Associate Management Analyst $ 47,884 -
ADOPTED
$ 57,003
1 Administrative Aide $ 25,005 -
MINORITY BUSINESS ENTERPRISE COMMITTEE
$ 27,859
(Charley H. Fisher III, Chairman)
JAMES B. MILROY, COMMISSIONER OF
ADMINISTRATION AND FINANCE AND, MICHAEL A.
No. 140
SEAMAN, DIRECTOR OF BUDGET, hereby certifies that the
C. Fisher-R. Coles-FAIA-Req. Waiver-Architect Agreement
above change is necessary for the proper conduct,
(CCP#39-Dec. 11, 02)
administration and performance of essential services of that
That the above item be and the same hereby is
department. We recommend that the compensation for said
received and filed.
position be fixed at the respective amount set forth in the
ADOPTED
foregoing ordinance.
That a personnel requisition incident to the creation of the
No. 141
above-mentioned position, containing a statement of the duties
C. Fisher-Const. Contract Monitoring/Compliance
for such position, has been filed with the Municipal Civil
Svs-Monthly Rpt.-1/02 & 2/02
Service Commission, and said Commission has approved and
(CCP#64-Apr. 16, 02)
certified the position title set forth in the foregoing ordinance as
That the above item be and the same hereby is
being the appropriate Civil Service title for the proposed
received and filed.
position.
ADOPTED
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
No. 142
No. 146
C. Fisher-Const. Contract Monitoring & Compliance
BY: MR. COPPOLA
Services-Monthly Rpt.-5/02
SALARY ORDINANCE AMENDMENT
(CCP#80-July 23, 02)
20- DEPARTMENT OF POLICE
That the above item be and the same hereby is
1046- LAW
received and filed.
The Common Council of the City Of Buffalo does
ADOPTED
ordain as follows:
That part of Section I of Chapter 35 of the Code of the City of That Ms. Dorianne Mercado be appointed to the position of
Buffalo, relating to 20 -Department of Police, 1046-Law which Legislative Aide to the Ellicott District Council Office; and
currently reads: Be It Finally Resolved:
1 Assistant Corporation Counsel II $ 53,069 - $ That these appointments be made effective January 20, 2003.
66,015 ADOPTED
Is hereby amended to read:
1 Assistant Corporation Counsel/Police $ 53,069 - $ NO. 150
66,015 By: Mr. Fisher, Mr. Pitts, Ms. Gray, Mr. Thompson
ROCCO J. DIINA, COMMISSIONER OF POLICE AND Ms.Grant and Mr. Davis
MICHAEL A. SEAMAN, DIRECTOR OF BUDGET, hereby Request Ordinance to Retain Public Access on Waterfront
certify that the above change is necessary for the proper Properties Sold by the City of Buffalo
conduct, administration and performance of essential services Whereas: In 1996 and 1997, the Common Council had
of that department. We recommend that the compensation for considerable debate on the concept of retaining public access
said position be fixed at the respective amount set forth in the when waterfront properties are sold by the City of Buffalo; and
foregoing ordinance. Whereas: This measure is consistent with the long term goal
That a personnel requisition incident to the creation of the of providing continuous public access, where possible, along
above-mentioned position, containing a statement of the duties the many miles of Buffalo's waterfront, because over time a
for such position, has been filed with the Municipal Civil significant amount of waterfront land will pass through the
Service Commission, and said Commission has approved and City's hands; and
certified the position title set forth in the foregoing ordinance as Whereas: On March 18, 1997, the Council adopted
being the appropriate Civil Service title for the proposed "City-Owned Waterfront Property" - C.C.P. # 190 - Oct. 29,
position. 1996, which required as a condition of the sale of City-owned
REFERRED TO THE COMMITTEE ON CIVIL SERVICE land, for the City to hold title to or retain an exclusive easement
RESOLUTION for, a one hundred foot wide public access strip of the land
along the water's edge; and
No. 147 Whereas: At the April 1, 1997 Common Council meeting, the
By: Mr. Coppola Council sustained the Mayor Masiello's veto of this resolution,
Re: Set U.S. Postal Stamp Date as Payment Date for which he contended might "discourage future development and
User Fee and Water Bill Payments derail current waterfront projects"; and
Whereas: The City of Buffalo accepts the U.S. Post Office Whereas: Also, on the agenda of the April 1, 1997 meeting, the
stamp date as the payment date for mailed-in sewer, tax, and Commissioner of Community Development filed a compromise
parking violation payments; and plan, which stated: "as a condition of sale for any city-owned
Whereas: The Post Office stamp date is a fair standard, waterfront land, the city shall hold title to or retain an exclusive
because in cases where payments are slowed down in the easement along the full length of the parcel's waterfront edge
postal system, it is certainly not fair for residents to be for public use and enjoyment;" and
penalized for Postal Service mistakes; and Whereas: The Council received and filed this item, under
Whereas: Sections 216-55 G and 216-56 H of the ordinances which the City Planning Board was to reserve between 25 and
set the payment date for solid waste user fee payments as the 100 feet of public access space based on balancing the
date the City receives the payment; and ecological, public access and economic development issues
Whereas: In addition, water bills are not considered paid until associated with each site; and
they have been processed after delivery from the lock box Whereas: The Department of Community Development no
system; and longer exists, and since the Council received and filed this item
Whereas: These inconsistent standards can result in the rather than adopting it, there is some question as to whether
unjust assessment of penalties and interest for residents when this is the current policy of the City of Buffalo; and
they pay their user fee or water bill by mail; Whereas: It is important for the City to have strong policies that
Now, Therefore, Be It Resolved That: respond to the near unanimous sentiment for more public
This Common Council hereby requests the Corporation access to the Buffalo waterfront;
Counsel to file an ordinance amendment that will set the U.S. Now, Therefore, Be It Resolved That:
Post Office stamp date as the payment date for mailed-in solid This Common Council hereby requests the Corporation
waste user fee and water bill payments. Counsel to draft an ordinance amendment that would enact the
REFERRED TO THE COMMITTEE ON LEGISLATION, THE following policy:
CORPORATION COUNSEL AND THE WATER BOARD As a condition of the sale or lease of any City of Buffalo or
BURA-owned waterfront land, the city shall hold title to or retain
No. 148 an exclusive easement along, the full length of the parcel's
By: Mr. Coppola, Mr. Golombek, Mr. Franczyk waterfront edge for public use and enjoyment. An area of 100
Subject: Visitor Center at City Hall feet in width, measured from the mean water line, is to be
Whereas: Buffalo's City Hall represents the geographic and reserved. Appeals regarding the width of the public access
symbolic center of the region; and area shall be heard by the Common Council. The Council may
Whereas: Everyday City Hall plays host to visitors from near reduce the public access area by the minimum amount
and far who revel in the architectural and artistic splendor of the necessary when the public interest requires such a reduction.
building as well as receive high quality public service; and in no case shall the width of the public access area be reduced
Whereas- Both the City of Buffalo and visitors would benefit if to less than 50 feet. In addition, a 10 foot wide public access
there were further opportunities to dispense information about strip must be retained by easement or title to provide public
the many assets our region has to offer; and access to the water's edge from the road nearest the property.
Whereas: It has often been proposed that the City of Buffalo REFERRED TO THE COMMITTEE ON LEGISLATION AND
consider placing a Visitor Center somewhere in City Hall that THECORPORATION C
would offer souvenirs, books on local history, or other
interesting items for distribution or purchase; and No. 151
Whereas: There are many examples of City Halls across the By: Mr. Fontana
USA, which have successfully placed Visitor Centers in their Re: Ordinance Amendment
buildings. Chapter 307 - Parking and Parking Lots
Now, therefore, be it resolved: The Common Council of the City of Buffalo does hereby ordain
That the City of Buffalo explore costs and any other factors as follows:
associated with the proposal to create a Visitor Center in our That Section 307-58 of Chapter 307 of the Code of the City of
magnificent City Hall, and that this be done by formation of a Buffalo be amended to read as follows:
committee comprised of representatives of the Mayor's Office, Section 307-58 Time allowed at parking meters; reactivation of
the Common Council, the Department of Public Works, the in-vehicle parking systems
Law Department, the Arts Commission, the Convention and prohibited.
Visitors Bureau, the Buffalo Niagara Enterprise, Roam Buffalo A. No person shall park a vehicle in a parking meter space for
and any others that might contribute positive input to this more than one time period
worthwhile cause, and report within 3 months the results of lawfully permitted in that parking meter zone.
their findings. B. No person shall activate an IVPS for a time period longer
REFERRED TO THE COMMITTEE ON FINANCE than one time period lawfully permitted in that parking meter
zone, unless the person possesses a valid disabled parking
No. 149 pen-nit, nor shall any person activate or reactivate an IVPS for
By: Brian C. Davis purpose of extending such time.
Appointments - Ellicott District Council Office C. The act of activating an IVPS for a rate that is different from
Now Therefore Be Resolved That: that indicated in a particular Parking meter zone will subject
That Mr. Willie Morris be appointed to the position of Senior that person to a penalty of [fifteen dollars ($15)] twenty dollars
Legislative Assistant to the Ellicott District Council Office; and ($20) per incident.
Be It Further Resolved:
It is hereby certified, pursuant to Section 3-19 of the Charter, codes and notwithstanding any fine or penalty imposed
that the immediate passage of the foregoing ordinance is pursuant to provisions of this chapter or other law. The owner
necessary. or agent of record determined to be in violation shall be
PASSED personally liable for the cost of purchasing, erecting and
AYES - 11 - NOES - 0 dismantling the sign, as well as the costs of any repair,
demolition or other related work performed by the City of
No. 152 Buffalo where it is necessary for the city to cause said work to
BY: MR. FRANCZYK be done.
RE: K-MART FALL BACK B. Such notice shall contain a description of the premises; a
WHEREAS: After herculean efforts, the City of statement of the particulars of the code violations; a statement
Buffalo was able one year ago to keep open the K-Mart that, if such owner or agent of record so served shall fail to
department store at 998 Broadway; and. commence code compliance within 10 days from service of
WHEREAS: Notwithstanding the bankruptcy of the K-Mart said notice, the City of Buffalo shall have the fight to post a sign
mother chain, a lucrative incentive package was crafted to keep as provided for in this section on the right-of-way immediately
K-Mart on Broadway alive, including a substantial adjacent to that owner's property; a statement describing the
renegotiations of the K-Mart rental rate by HSBC, a city and text of sign as provided in Subsection G below; a statement
Erie County new special PILOT agreement, entailing no taxes that the sign once erected will be dismantled upon satisfactory
for five years, plus an offer of a $200,000 BERC/ECIDA loan; compliance with the code by the owner or agent, the place and
and, return date for a hearing on the violations; and a statement that
WIHEREAS: The bankrupt K-Mart national chain continues to the costs of enforcement, including, but not limited to, the costs
spiral downward, including deep losses following the most of purchasing, erecting and dismantling, the sign if erected, will
recent Christmas season; and, be the personal liability of the owner or agent.
WHEREAS: In light of K-Mart's inability to compete, the C. The notice aforementioned shall also contain the time and
corporation announced a new spate of over 300 store closings, place at which a hearing will be granted before the
including the K-Mart at 998 Broadway; and, Commissioner to the owner or agent of record described in the
WHEREAS: The closing of the Broadway store is a grievous notice, at which time and place the owner or agent shall be
blow to the Broadway Fillmore community, East Side and City afforded the opportunity to present testimony and evidence
of Buffalo; and, regarding the conditions of the property, with reference to those
WHEREAS: At some point, the city cannot be expected to particulars contained in the aforementioned notice.
continually subsidize a failed profit-making corporation and D. The aforementioned notice by the Commissioner shall be
needs to look elsewhere; and, served in either the following manners:
WHEREAS: City residents, victims of urban sprawl, have (1) Personally upon the owner or agent of record; or
suffered the loss of numerous businesses and jobs and are (2) By registered mail, in a securely fastened, postpaid
severely underserviced; and, wrapper, addressed to the owner, at that owner's last known
WHEREAS: The city needs to quickly exert every effort to place of address as shown by the records of the Department
rapidly attract new business or other productive use for the of Assessment and Taxation, the [City Treasurer] Director of
K-Mart site, while at the same time not entirely rule out the the Treasury or the Clerk of the County of Erie and by
remote possibility K-Mart may reconsider its decision prior to posting a copy of the notice on the premises involved.
the store's closing request to the bankruptcy court in New York E. If, after service of the aforementioned notice, a subsequent
City on January 28, 2003; inspection shall be performed.
NOW THEREFORE BE IT RESOLVED: If, after the third subsequent inspection is performed, the
That the city's department of Strategic Planning and Buffalo owner has not performed the required repairs, the
Enterprise Renaissance Corporation help develop a plan to Commissioner of [Community Development] Permit and
attract new development to the site at 998 Broadway, working Inspection Services then has the option to have erected a sign
with both the private sector and other levels of city, county and described in this section.
state government to accomplish this goal. F. The time of said hearing shall be specified on a date no
REFERRED TO THE COMMITTEE ON COMMUNITY sooner than five days after service of the notice and no later
DEVELOPMENT, THE DIRECTOR OF STRATEGIC than the 10th day after service thereof.
PLANNING AND THE BERC (1) Further determination. If the owner or agent Submits
evidence at such hearing, the Commissioner shall
No. 153 thereafter make a further determination, which shall:
By: Mr. Golombek a. Affirm the original determination;
Ordinance Amendment b Modify the specifications of the original determination;
Chapter 137- Code Enforcement c. Establish a timetable for code compliance; or
The Common Council of the City of Buffalo does hereby ordain d. Vacate the original notice.
as follows: e. The Commissioner shall promptly provide notice of the
That Section 137-7 of Chapter 137 of the Code of the City of further determination to the owner or agent of record.
Buffalo be amended to read as follows: g. The sign mentioned in Subsection A above shall be at least
Initial Additional Maximum 18 inches in height by 24 inches in width, mounted on two
Fine Penalty Penalty standards of sufficient integrity to withstand normal wind loads.
Total The sign shall be mounted on the standards at a height of no
FINE CLASS B $30.00 $30.00 $30,00 more than 42 inches from existing grade not the hamper the
$90.00 line of sight for pedestrians and motor vehicles. This sign shall
Failure to provide name, address, and telephone number, have a white background with black lettering stating the
341-14 following: "This property is contributing the spread of slum and
It is hereby certified, pursuant to Section 3-19 of the Charter, blight in the City of Buffalo.
that the immediate passage of the foregoing ordinance is "This property is owned by _ (name of owner or agent), who
necessary. resides at
Note: Matter underlined is new. (address of record), in the City/Town/Village of, State of If
PASSED further
AYES - 11 - NOES - 0 information is needed, the owner of this structure may be
contacted at
NO. 154 (owner's telephone number).
BY: MR. GOLOMBEK "This sign has been erected by the City of Buffalo as a public
ORDINANCE AMENDMENT service in the war against slums and blight."
CHAPTER 341 - PROPERTY MAINTENANCE H. The sign shall remain erected as long as the Commissioner
The Common Council of the City of Buffalo does hereby deems appropriate. The Commissioner may have the sign
ordain as follows: dismantled once the Commissioner is satisfied that the violation
That Section 341-7 of Chapter 341 of the Code of the City of leading to posting of the sign has been abated and that the
Buffalo be amended to read as follows: owner or agent of record
§ 341-14. Posting name of owner and/or agent of properties not complies with relevant code provisions.
in compliance with housing and property codes. The owner or agent of record shall file with the Department of
A. When the Commissioner determines that the owner or agent Assessment and Taxation a written statement showing his or
of record for real property within the city has not complied with her current name, address, and telephone number. The
the standards of this chapter or other standards or laws for the address given shall not be a post office box. Failure to provide
construction, replacement or repair of buildings, the such information shall subject the owner or agent of record to a
Commissioner shall immediately serve notice upon that owner fine as provided in Section 137-7.
or agent of record as provided below and may have erected a [1] J 1 Definitions. For purposes of this section, the following
sign with the text stated below on the public right-of-way terms or words shall have the meaning and effect as follows:
adjacent to the subject structure. The sign is in addition to any COMMISSIONER -- The Commissioner of [Community
and all remedies available to the city in state law, City Charter Development] Permit and Inspection Services or designee.
or ordinance regarding property maintenance, building and fire OWNER OR AGENT OF RECORD -- Any owner of real
property or premises within the city as indicated within the the same for events at the HSBC Arena. The events are
records of the Department of Assessment and Taxation regional attractions and it is becoming cost prohibitive for the
obtained pursuant to City Charter Sections [ 157 and 158] 28-4 City of Buffalo to continue to provide traffic control.
and 28-5 or from other sources, the [City Treasurer] Director of Be It Resolved:
the Treasury , other city records or the Clerk of the County of That this Common Council, in the spirit of regional cooperation,
Erie or any other person who has agreed to be the owner's moves for an agreement between the City of Buffalo and the
agent. County of Erie that will have the Erie County Sheriffs
It is hereby certified, pursuant to Section 3-19 of the Charter, Department providing traffic control for all events at the HSBC
that the immediate passage of the foregoing ordinance is Arena, and
necessary. Be It Finally Resolved:
APPROVED AS TO FORM This Honorable Body requests that the City Clerk forward
Corporation Counsel copies of this resolution, for comment, to the Mayor of Buffalo,
PASSED the Erie County Executive, The Commissioner of the Buffalo
AYES - 11 NOES - 0 Police Department, the Erie County Sheriff and the Erie County
NOTE: Matter in brackets to be deleted; matter underlined is Legislature.
new. ADOPT RESOLVE, THE REMAINDER TO THE
COMMITTEE ON FINANCE AND THE SHERIFFS
TASKFORCE
NO. 155
BY: MR. GOLOMBEK AYES – BONIFACIO, COPPOLA, DAVIS, FONTANA,
RFP FOR ADVERTISING IN THE CITY OF BUFFALO
FRANCZYK, GOLOMBEK, GRANT, GRAY, MARTINO,
Whereas: The City of Buffalo has experienced difficult
PITTS, THOMPSON – 10 NOES – MARTINO -1
financial times recently and will be facing more harsh times and
budget deficits again this year; and
NO. 157
Whereas: With traditional revenue sources, such as taxes,
BY: MS. GRANT
declining in the City of Buffalo, it is imperative that all potential
BOND RESOLUTION
forms of possible revenue be explored; and
FIRE APPARATUS ACQUISITION - $980,000
Whereas: Currently, many cities have pursued advertising
ACCOUNT 2100
revenue as a way to bring much needed revenues to their
Bond Resolution of the City of Buffalo, New York,,
municipalities as an alternative to tax increases; and
authorizing the issuance of $980,000 General Improvement
Whereas: From Huntington Beach and Long Beach, California,
Bonds of said City to finance the cost of acquisition of four new
to Clearwater, Florida, and St. Charles, Missouri, municipalities
Class "A" pumper trucks for the Fire Department, at the
across the country have formed partnerships with businesses.
estimated total cost of $980,000.
They have put ads on customer receipts, ads on garbage
The Common Council of the City of Buffalo, in the County of
trucks, made arrangements with beverage companies to
Erie, New York, hereby resolves (by the favorable vote of not
supply community centers, parks, and other public buildings
less than two-thirds of all the members of said Common
and places with vending machines, put up signs, and received
Council) as follows:
free equipment and services in exchange for the company
Section 1. The Comptroller of the City of Buffalo, in the County
name to be posted on the premises. These relationships have
of Erie, New York, is hereby authorized and directed to issue
brought in millions of dollars used to serve the public; and
General Improvement Bonds of said City in the principal
Whereas: Revenues from these partnerships could be used to
amount of Nine Hundred Eighty Thousand Dollars ($980,000),
help cover the expense of mailing city tax, water, and user fee
pursuant to the provisions of the Charter of said City and the
bills; to help cover expenses at community centers, pools, ice
Local Finance Law, constituting Chapter 33-a of the
rinks, and golf courses; and to assist in maintaining facilities
Consolidated Laws of the State of New York (the "Law"), to
and equipment;
finance the cost of acquisition of four new Class "A" pumper
Now, Therefore be it Resolved:
trucks for the Fire Department. The estimated total cost of said
That the Common Council requests the Corporation Counsel to
class of objects or purposes for which the bonds authorized by
work with the Division of Purchasing to issue a new Request
this resolution are to be issued, including preliminary costs and
for Proposals (RFP) to identify various opportunities for
costs incidental thereto and the financing thereof, is $980,000
advertising in the City of Buffalo, which may include ads in tax
as set forth in the duly adopted 2003 Capital Improvements
bills, in public facilities, and any partnerships that could be
Budget of said City, as amended..
beneficial to the city and its residents; and
Section 2. The proceeds of the sale of the bonds authorized by
Be it Further Resolved:
this resolution, or any bond anticipation notes issued in
That the Corporation Counsel and the Division of Purchasing
anticipation of the sale of said bonds shall be deposited in the
complete the RFP process with the goal of having a plan in
Capital Projects Fund to the credit of the Department of Fire,
place to take advantage of citywide mailings that have to be
"Fire Apparatus (Pumper/Ladder) 2003, Bond Authorization
ready by late April and possibly other partnerships that could be
Account No. 2 100, and shall be used for the class of objects
implemented for the next fiscal year which begins July 1, 2003;
or purposes specified in Section 1 of this resolution
and
Section 3. The City intends to finance, on an interim basis, the
Be it Finally Resolved:
costs or a portion of the costs of said objects or purposes for
That the Department of Administration and Finance,
which bonds are herein authorized, which costs are reasonably
Comptrollers Office, the Budget Office and Division of
expected to be incurred by the City, pursuant to this Bond
Purchasing review this resolution and send their comments
Resolution, in the maximum amount of $980,000. This
and recommendations as to the feasibility of this proposal.
Resolution is a declaration of Official Intent adopted pursuant
ADOPT 1,3, REMAINDER TO THE COMMITTEE ON
to the requirements of Treasury Regulation Section 1. 150-2.
FINANCE AND THE STATE COMPTROLLER
Section 4. The following additional matters are hereby
AYES – BONIFACIO, COPPOLA, FONTANA, FRANCZYK,
determined and stated:
GOLOMBEK, GRANT, GRAY, MARTINO, PITTS, (a) The period of probable usefulness applicable to the classes
of objects or purposes for which the bonds authorized by this
THOMPSON – 10 NOES DAVIS - 1
resolution are to be issued within the limitations of Section
11.00 (a) 27 of the Local Finance Law, is twenty (20) years.
NO. 156
(b) Current funds are not required by the Law to be provided as
BY: MSSRS. GOLOMBEK AND THOMPSON
a down payment prior to the issuance of the bonds authorized
HSBC ARENA TRAFFIC CONTROL
by this resolution or any bond anticipation notes issued in
Whereas: The recent discussions regarding the sale of the
anticipation thereof in accordance- with Section 107.00 d. 9. of
Buffalo Sabres have brought forth the issue of traffic control
the Law.
during events at the HSBC Arena. The City of Buffalo provides
Section 5. Each of the bonds authorized by this resolution and
this service for events at the arena, and
any bond anticipation notes issued in anticipation of the sale of
Whereas: There is an average of over one hundred events a
said bonds and the renewals of said notes shall contain the
year at the HSBC Arena.
recital of validity prescribed by Section 52.00 of the Local
Therefore, traffic control at the arena is not an inexpensive
Finance Law. Said bonds and said notes shall be general
task. It requires a large contingency of officers that could
obligations of the City of Buffalo payable as to both principal
otherwise be providing police services to residents of the City
and interest by a general tax upon all the taxable real property
of Buffalo. Much of the time officers have to be called on
within said City without limitation as to rate or amount. The faith
overtime to ensure an adequate level of service, and
and credit of said City are hereby irrevocably pledged for the
Whereas: The events at the arena are not exclusive to City of
punctual payment of the principal of and interest on said bonds
Buffalo residents, in fact the majority of attendees at most
and said notes. Provision shall be made annually by
events are from the surrounding region, and
appropriation by said City for the payment of interest on and for
Whereas: Regional events such as the Buffalo Bills games in
the amounts required for the amortization and redemption of
Orchard Park receive traffic control from the Erie County
said bonds and said notes.
Sheriffs Department. This is appropriate because the Bills are
a regional attraction and it is cost prohibitive for the host
municipality to solely handle traffic control. These factors are
Section 6. The validity of the bonds authorized by this constituency for quality schools, and better opportunities for
resolution or any bond anticipation notes issued in anticipation planning regional growth; and
of the sale of said bonds may be contested only if. Whereas: Rather than diminishing representation for residents
(a) Such obligations are authorized for an object or of the urban core, annexation recognizes the central role that
purpose for which the City of Buffalo is not authorized to the core city plays in the health of the region, and strengthens
expend money, or the role of the city; and
(b) The provisions of law which should be complied with Whereas: According to municipal policy expert David Rusk,
at the date of the publication of this resolution are not between 1950 and 1990, more than 80% of all central cities
substantially complied with, expanded their boundaries by 10% or more through annexation;
and an action, suit or proceeding contesting such validity, is and
commenced within twenty days after the date of such Whereas: Annexation may be a difficult and complicated
publication, process under the New York State Constitution, which requires
or approval by residents within the territory to be annexed, but the
(c) Such obligations are authorized in violation of the potential rewards of annexation beg a closer look at its
provisions of the constitution. feasibility; and
Introduced: Whereas: There is a strong case to be made that the
January 21, 2003 disadvantages of annexation to suburban residents are far
LAID ON THE TABLE outweighed by the benefits these residents will reap in helping
to reverse the decline of the core city of this region;
NO. 158 Now, Therefore, Be It Resolved That:
BY: MRS. GRANT This Common Council requests the Corporation Counsel to file
FOR SHIFT OF OPERATION INTO AN ECONOMIC a report detailing the procedures pertaining to the annexation of
DEVELOPMENT ZONE neighboring areas by municipalities under New York State law,
Whereas: Allcare Physical Therapy, provides physical therapy identifying any impediments to the exercise of the power of
services in Buffalo from 1995 to 2003; and annexation by the City of Buffalo.
Whereas: AlIcare Physical Therapy, employed seven people in REFERRED TO THE SPECIAL COMMITTEE ON
2003, including five residents of Buffalo and two within close REGIONAL GOVERNANCE AND THE CORPORATION
proximity; and COUNSEL
Whereas: Physical problems prevented Alleare Physical
Therapy, from remaining at 2697 Main Street, Buffalo, beyond NO. 160
2003; and BY: MS. BEVERLY GRAY
Whereas: Allcare Physical Therapy attempted to relocate in APPOINTMENT SR. LEG. ASSISTANT
Buffalo in 2002 but could find no comparable space; and Whereas: I hereby appoint Jacqueline White, to the position
Whereas: The Buffalo Common Council has heard public of Senior Legislative Assistant effective January 20, 2003.
comments that extraordinary circumstances existed to warrant ADOPTED
the relocation of Allcare Physical Therapy from an area outside
the Empire Zone to an area in the Empire Zone within the City NO. 161
of Buffalo; and BY: MS. BEVERLY GRAY
NO W, THEREFORE BE IT RESOLVED THAT. APPOINTMENT LEG ASST
The City of Buffalo consents to the relocation of Allcare Whereas: I hereby appoint Shello C. Hardy to the position of
Physical Therapy from 2697 Main Street to 3101 Main Street, Legislative Assistant effective January 20, 2003.
Buffalo Empire Zone; and ADOPTED
BE IT FURTHER RESOLVED THAT.
The Buffalo Common Council approve this resolution at its next NO. 162
Common Council meeting. BY: MRS. MARTINO
BE IT FINALLY RESOLVED THAT. EXCUSE COUNCIL MEMBER ROSEMARIE LOTEMPIO
Certified copies of this resolution be sent to Allcare Physical FROM COUNCIL MEETING.
Therapy, BERC and Mr. Rocco Termini, Burke Construction.. Whereas: Council Member Rosemarie LoTempio will be
PASSED unable to attend the Council Meeting on Tuesday, January 21,
AYES - 11 NOES - 0 2003.
Now, Therefore, Be It Resolved:
NO. 159 That the Common Council excuses Council Member
BY: MS. GRAY Rosemarie LoTempio from attending the meeting of the
EXPLORE ANNEXATION AS A TOOL FOR REGIONAL Common Council to be held on Tuesday, January 21, 2003.
GROWTH ADOPTED
Whereas: According to the report "Governance in Erie
County" from the Western New York Regional Information NO. 163
Network (WNYRIN), "The 42 square mile City of Buffalo has BY: MRS. MARTINO
essentially the same boundaries it did in 1853, putting it in a ORDINANCE AMENDMENT
dubious class with ... other cities whose territorial size has not CHAPTER 511 -ZONING
changed in over a century"; and The Common Council of the City of Buffalo does hereby
Whereas: The 1853 annexation was a controversial, but ordain as follows:
ultimately successful one, in which Buffalo annexed Black That Section 511-126 (F) of Chapter 511 of the Code of the
Rock, its former rival for the Western terminus of the Erie City of Buffalo be amended to read as follows:
Canal; and § 511-126 . Procedure for changes and amendments.
Whereas: The WNYRIN report also notes that "In 1895, and F. Special development plans.
again in 1911 and 1914, local officials petitioned the state for (1) In the case of a proposed amendment to the Zoning Map
permission to separate an urban 'Buffalo County' from the which involves a reclassification into a CI, C2, CM, MI and the
mostly rural remainder of Erie County... Buffalo County would special zoning districts contained in Article XVI of this chapter,
have consisted of the cities of Buffalo, Tonawanda and the Common Council may require the petitioner to submit a
Lackawanna, plus the towns of Grand Island, Tonawanda, development plan showing the
Amherst, Cheektowaga, and part of Lancaster, which together extent, location and character of proposed structures and uses.
comprised the urban core of the region."; and The Council may require that such plan be modified to meet
Whereas: WNYRIN also cites a 1929 plan to expand Buffalo to objections raised at the hearing or subsequent thereto and may
a 200 square mile city and states this plan was foiled by the qualify its approval of the Zoning Map amendment in any such
onset of the Great Depression; and case by attaching a special permit. Any such action shall be
Whereas: The WNYRIN report states that in many distinguished in the Common Council proceedings with the
metropolitan areas across the country, "...municipal expansion words "Special Development Plan" and a serial number.
through annexation was a common source of municipal (2) Within a period of [six (6)] twelve (12) months from the
vitality..."; and approval of the Zoning Map amendment conditioned on said
Whereas: Most of the recent discussion of consolidating special development plan, no building permit or use permit shall
regional governmental functions has focused on a top-down be issued for any such property except in accordance with the
model, where the County would take over local government development plan as approved, in which case the permit shall
functions; and contain all conditions and limitations placed thereon by the
Whereas: While this model offers the possibility of economies Common Council or in accordance with the zoning
of scale, it also threatens local control of services and local classification applicable before said action. Unless a
representation, while increasing the size of a centralized building permit or use permit for such special development is
bureaucracy; and issued within [six (6)] twelve (12) months from the Common
Whereas: The annexation model allows the urban hub to Council's approval, said approval shall be void and the zoning
append neighboring areas, thus securing a larger tax base, a classification shall be as it was when the petition was filed.
healthier mix of rich and poor residents, a stronger (3) Special development plan for residential commercial
districts.
(a) The purpose shall be to encourage the design of waived as a result of any subsequent change in the tenancy or
well-planned, large-scale residential, institutional or a ownership of any or all of said area. Such conditions shall be a
commercial developments, or a combination thereof, whereby a part of any certificate of occupancy issued for any use or
variety of building types will prove to be more attractive and structure in such development.
provide efficient overall planning and design without sacrificing NOTE:Matter in brackets [] to be
creative and imaginative planning. It is intended to pen-nit, with deleted; matter underlined is new.
approval by the Common Council after review by the City REFERRED TO THE COMMITTEE ON LEGISLATION
Planning Board, a diversification in the use, size, type and
location of structures and to improve circulation and other site NO. 164
facilities and at the same time ensure adequate standards BY: MS. MARTINO
applicable to safety, public health, welfare and convenience in PAYMENT OF CERTAIN SMALL CLAIMS
the use and occupancy of buildings and other facilities in the Whereas, the Common Council, by Item No. 184, C.C.P.,
planned building group, thereby permitting greater flexibility in June 26, 1979, established a specific procedure for payment of
the design of large-scale residential developments, claims of $ 100.00 or less and Claims under Section 207 (a)
shopping plazas and other connected uses. and (c) of the General Municipal Law, which pertain to medical
(b) The application is to be filed with the City Clerk for approval bills of Policemen and Firemen in any amount; and
by the Common Council and shall certify that: Whereas, the Common Council by Item No. 104, C.C.P., April
[1] The area to be included within the development contains 29, 1997, established that all garbage can claims arising out of
ten (10) or more acres. the activities of the Department of Street Sanitation that are
[2] The applicant is the legal or equitable contract owner of at related to refuse and recycling be paid out of the Solid Waste &
least 40% of the rights to the parcels in the entire Recycling Enterprise Fund Budget Account only if the claims
designated area to be included within the development. took place after October 1, 1996; and
[3] Within the portion of the development used for residential Whereas, the subject claims are eligible for consideration
purposes, the number of dwelling units shall not exceed that under the said procedures; and
allowed in the area requirements for similar R Districts. Whereas, the Department of Law has verified the validity of the
[4] No building in the designated residential area shall exceed claims and recommend payment thereof,
the maximum height requirements for similar R Districts and in Now, Therefore, Be It Resolved:
business and commercial districts shall not exceed forty (40) That the Comptroller be, and he hereby is authorized to make
feet unless the variance is approved by the Common Council. payment of the following claims, and that said payment be
[5] All requirements of the Buffalo Zoning Ordinance and charged against the "Judgement and Claims Account" in the
Department of Law or be charged against the Solid Waste &
city ordinances for off-street parking
other applicable
Recycling Enterprise Fund Budget Account:
and commercial parking lots in similar or
C Districts
1 . Zelda Garland, 416 Leroy Avenue, 14215
shall be complied with.
Claim for reimbursement of metal can taken from front lawn
(c) With each application for the planned development, there
by
shall be submitted five (5) copies of a site plan, drawn to scale,
Street Sanitation on 9/19/02 in the amount of $9.00.
for such development, showing:
2. Joyce Digati, 36 Manchester Place, 14213.
[1] The proposed use, location, dimensions and
Claim for large wicker chair, with clay pot taken by
architectural elevation of all buildings and other structures.
Street Sanitation on 8/13/02 in the amount of $60.00,
[2] The open areas of the proposed development.
3. Kevin B. Bystrak, 41 Stanley, 14206
[3] Existing zoning classifications of the designated
Claim for reimbursement of garbage can taken by Street
area and all property within two hundred (200) feet of the
Sanitation on 8/19/02 in the amount of $15.00.
proposed development.
4. Ruth P. Hunt, 72 Lockwood Avenue, 14220-1827
[4] The topography of the designated area and the
Claim for reimbursement of large trash can taken by Street
location of public and private rights-of-way, encumbrances
Sanitation on 9/23/02 in the amount of $27.00.
and casements bounding and intersecting the designated area
5. Elizabeth Bailey, 1560 Jefferson Avenue, 14208
and indications as to which of the rights-of-way, encumbrances
Claim for reimbursement of garbage can taken by Street
or easements are to be continued, relocated or abandoned.
Sanitation on 5/8/02 in the amount of $10.00.
(d) Upon filing of the application for a large-scale
6. Marjorie Dunovant, 239 Sweet Avenue, 14212
planned development with the Common Council, it shall be
Claim for reimbursement of garbage can taken by Street
referred by the Common Council, with all accompanying
Sanitation on 9/10/02 in the amount of $18.00.
documents, to the City Planning Board for review and report. In
Investigation by the Department of Law reveals that the above
reviewing each application, the City Planning Board should give
claims are valid and payment is hereby recommended.
consideration to whether:
PASSED
[1] The provisions for light and air are in all respects
AYES - 11 NOES - 0
adequate for the proposed development.
[2] Properly planned and adequate parking, spaces and loading
NO. 165
berths are provided within the designated area.
BY MR. THOMPSON
[3] Adequate sewer and water facilities are available or can be
FELICITATIONS/IN MEMORIAM
obtained.
Attached hereto are Felicitation and In Memoriam
[4] Any deviation from the use, height, area, density or bulk
Resolutions sponsored by Members of the Common Council as
provisions of these regulations will have any adverse effect on
indicated:
the use of neighboring property in accordance with the Zoning
Felicitation for Ms. Esther Axaa
Plan.
By Councilmember Pitts, Michaux
[5] The plans for the development are consistent with the
Felicitation for Aurthur Eve and Karen Stroud-Felton
Comprehensive Plan for the City of Buffalo as a whole.
By Councilmember Pitts, Michaux
(e) After the report by the City Planning Board to the Common
Felicitation for Laurie Johnson
Council, the plans for such development shall not be approved
By Councilmember Thompson, Grant, Davis, Fisher, PItts
unless a public hearing is first held by the Committee on
ADOPTED.
Legislation of the Common Council, as provided in said § 83 of
the General City Law.
NO. 166
(4) No modification of the plan as approved by the
BY: ANTOINE M. THOMPSON
Common Council shall be permitted unless processed as a
APPOINTMENTS
new application pursuant to the provisions of this chapter. If
COMMISSIONER OF DEEDS
work on the proposed development is not begun within the time
That the following persons are hereby appointed as
limits specified by the Common Council or if such work is not
Commissioner of Deeds for the term ending December 31,
completed within the period of time specified by the Common
2004, conditional, upon the person so appointed certifying
Council, approval of the application shall become null and void
under oath to their qualifications and filing same with the City
and all rights thereunder shall lapse unless
Clerk:
the Common Council, for good cause, authorizes an extension
CLOUGH, ARIEL
of either period. Such extension may be authorized without a
MARTINEZ, MARY
public hearing.
SAWYER, DANIELLE
(5) Any certificate of occupancy issued for one (1) or
LODOWSKI, SANDRA
more uses of land or structures within the designated area of
PARKER, LINDA
the development prior to completion of the entire development
ZEIGLER, SHIRLEY
shall be revoked upon the applicant's failure to complete within
Total: 6
the limit specified the entire development in accordance with
ADOPTED
the approved plan.
(6) All conditions imposed by the Common Council,
NO. 167
including those the performance of which are conditions
BY: ANTOINE M. THOMPSON
precedent to the issuance of any permit necessary for the
APPOINTMENTS
development of any part of the entire site, shall not lapse or be
COMMISSIONERS OF DEEDS
REQUIRED FOR THE PROPER
PERFORMANCE OF PUBLIC DUTIES
That the following persons are hereby appointed as
Commissioner of Deeds for The term ending December 31,
2004, conditional upon the persons so appointed certifying
under oath to their qualifications and filing same with the
BYRON, MICHAEL BURGSTAHLER, DEBORAH
ZOMBEL JR, PETER FREY, DAVID
HOCKING, REGINALD LAKE,GLENDA
MACIEJESKI, JOSEPH MACKEY,MARY
NAGEL, MARY PRYNDOTA, MARIA
SMITH, KATHLEEN STARZYNSKI, MARGARET
BOHEN, COLLEEN BETZ, MARILYN
DIXON, DENNIS MORGANTI, RONALD
MARTINEZ, BRIAN O'NEIL, JAMES
GRATH, JOHN SOLOMAN, JOYCE
KISZEWSKI, SHERRY TEAGUE,GARY
BARRETT, DANIEL KAUDEYR, AKIEL
BORRELLI, ANTONIO SULLIVAN, JACQUELINE
MANN JR, DAVID GENTZLER, PATRICIA
DIEHL, MARILYN DRAGONE, KIM
MERCADO, DORIANN ABT, CHRISTINA
BURKE,BARBARA CRUZ, FRANCISCA
JAWOROWICZ, PATRICIA KRESTOS, ANASTASIUS
KNIAZUK, TOD GARDNER LARUE,
KATHRYN
MANCUSO, ALFRED MARKS, FRANK
MCMAHON, JOSEPH PIETRZAK, JULIE
PISTRIN, BRUNO POSLUSZNY, LISA
QUICK, CRYSTAL QUICK, KEVIN
RYBCZYNSKI, BRAD SPAGNA,KAREN
SPETH, JOSEPH SPINO JR, JOSEPH
TURNER, CRAIG WAHL, KELLY
WAHL, HARRY ZIOLKOSKI, PATRICIA
Total 54
ADOPTED
No. 168
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held
in the Common Council Chambers, 13 th floor City Hall,
Buffalo, New York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, Jan. 28, 2003 at 9:30
o'clock A.M.
Committee on Finance Tuesday, Jan.28,
2003 at 10:00 o'clock A.M.
following Civil Service
Committee on Legislation Tuesday, Jan. 28,
2003 at 2:00 o'clock P.M.
Committee on Comm. Dev. Wednesday, Jan.
29, 200-3 ) at 10:00 o'clock A.M.
Committee on Education Wednesday, Jan.
29, 2003 at 1:00 o'clock P.M.
Committee on Claims Wednesday, Jan 29,
2003 at 9:00 o'clock A.M.
Special Committees
(Public Disclaimer): All meetings are subject to change and
cancellation by the respective Chairmen of Council
Committees. In the event that there is sufficient time given for
notification, it will be provided. In addition, there may be
meetings set up whereby the City Clerk's Office is not made
aware-, therefore, unless we receive notice from the respective
Chairmen, we can only make notification of what we are made
aware.
NO. 169
ADJOURNMENT
On a motion by Mr. Fontana, Seconded by Ms. Gray, the
Council adjourned at 4:35 pm
CHARLES L. MICHAUX, III
CITYCLERK