HomeMy WebLinkAbout03-0429 (2)
No. 9
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
April 29, 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
NO. 3
RESCIND AUCTION SALE AND FORFEIT DEPOSIT
COMMON COUNCIL 80 KOONS
CITY HALL - BUFFALO ITEM NO. 91, C.C.P. 3/4/03
TUESDAY, APRIL 29, 2003 In the above referenced item Your Honorable Body
AT 2:00 P.M. authorized the sale of 80 Koons to Mr. Dwayne Hicks of 751
Woodlawn Avenue, Buffalo, New York 14211. Mr. Hicks was
PRESENT - James W. Pitts President of the Council, the highest bidder in the amount of Eight Hundred Dollars
and Council Members Bonifacio, Coppola, Davis, Fisher, ($800.00), plus a 10% buyer's premium for a total of Eight
Fontana, Franczyk, Golombek, Grant , Gray, LoTempio Hundred Eighty Dollars ($880.00).
,Martino, and Thompson - 13. The terms of sale required that the purchaser must submit a
ABSENT – 0 detailed estimate of cost to repair and/or renovate the property
and submit proof of financial ability to complete the purchase,
repairs or renovations to the property.
Mr. Hicks was sent a letter on February 3 rd and again on
On a motion by Mr. Fontana, seconded by
March 121h advising to submit the required documentation. Mr.
Mrs. Grant, the minutes of the stated meeting held
Hicks was informed if this office did not receive this list of
on April 15, 2003 were approved.
repairs/renovations and proof of financing by April 3, 2003 the
FROM THE MAYOR - EXFCUTIVE DEPARTMENT
sale would be rescinded and his deposit forfeited. The Division
FROM THE BUFFALO PRESERVATION BOARD
of Real Estate has not heard from Mr. Hicks.
NO. 1
Therefore, we are recommending that the Common Council
CREATE SAFEGUARD AGAINST GRATUITOUS
approve to rescind the sale of 80 Koons, return the property to
DEMOLITIONS
our inventory for resale and that the bidder forfeit his deposit in
CCP #217, APRIL 15, 2003
the amount of One Hundred Sixty Dollars ($160.00). Ten
In response to your inquiry, the Buffalo Preservation Board is
percent of the deposit will remain with the Auctioneer for the
requesting that the following revisions be added to the above
buyer's premium and ten percent will be deposited in the City's
captioned resolution as follows:
General Fund - Sale of In-Rem Property
NOW THEREFORE BE IT RESOLVED:
REFERRED TO THE COMMITTEE ON FINANCE
That any brick, stone or building of partial masonry
construction in the City of Buffalo whether or not it is a local or
NO. 4
National landmark, a property listed on the National Register of
RESULTS OF NEGOTIATIONS
Historic Places, or in a preservation district, be subject to
256 EAST FERRY, 71.451 E ALEXANDER
review by the Buffalo Preservation Board and the Department
LOT SIZE: 27' X 134.3 W'
of Permit & Inspection Services before the issuance of any
ASSESSED VALUATION: LAND $2,700
demolition permit, and,
258 EAST FERRY, 80' W JEFFERSON
NOW THEREFORE BE IT FURTHER RESOLVED:
LOT SIZE: 87' X 129'
That any application for demolition in the City of Buffalo be
ASSESSED VALUATION: 6,800
accompanied by a photograph of the building to be demolished
268 EAST FERRY, 50' W JEFFERSON
and photographs of the adjacent buildings on either side of the
LOT SIZE: 30' X 89.53' E,28.06' R
subject property for review by the Buffalo Preservation Board
ASSESSED VALUATION: LAND 1,800
and the Department of Permit and Inspection Services, and,
272 EAST FERRY, WEST COR. JEFFERSON
BE IT FINALLY RESOLVED:
LOT SIZE: 50' X 107'
That the City Building Inspectors shall mount at least two (2)
ASSESSED VALUATION: LAND 4,000
substantial signs on the building to be demolished indicating
IMPROVEMENT 6,000
that the subject building is slated for demolition.
TOTAL 10,000
Should you require additional information, please do not
1478 JEFFERSON, 107.23' N FERRY
hesitate to contact Thomas W. Marchese, Executive Secretary
LOT SIZE: 50' X 74' LAND $3,700
at 851-5029.
IMPROVEMENT 16,300
REFERRED TO THE COMMITTEE ON LEGISLATION
TOTAL 20,000
1482 JEFFERSON, 157.23' N FERRY
FROM THE OFFICE OF STRATECIC PLANNINC
LOT SIZE: 45' X 153'
NO. 2
ASSESSED VALUATION: LAND 6,900
REPORT OF AUCTION - 678 BAILEY AVENUE
The Office of Strategic Planning, Division of Real Estate has
LOT SIZE: 150'X 192'
received a request to acquire the above captioned properties
ASSESSED VALUATION: LAND: $ 13,000
from Mr. Ahmed M. Ayash, 1635 Genesee Street, Buffalo, New
TOTAL: $100,000
York 14211. Mr. Ayash intends to construct a combined
ITEM NO. 91, C.C.P. 3/4/03
neighborhood convenience store/gas station facility.
The Office of Strategic Planning, Division of Real Estate
An independent appraisal of the property was conducted by
submitted the results of our public auction to the Common
Arrow Appraisal Service, 40 Gardenville Parkway West,
Council, per Item No. 11, C.C.P. 2/18/03 and as a result the
Buffalo, New York 14218. They have estimated the value of
property at 678 Bailey was omitted from the passed Item No.
the properties to be Forty Nine Thousand Dollars ($49,000).
81, C.C.P. 3/4/03.
The Appraisal Review Board, City of Buffalo, has reviewed the
This off ice is resubmitting the property located at 678 Bailey to
appraisal and recommends the Forty Nine Thousand Dollar
Your Honorable Body for approval. As you are aware the
valuation.
property was auctioned on January 30, 2003 and the highest
The result of our negotiations are that Mr. Ahmed M. Ayash or
bidder was Taher W. Abdellatif of 191 Fareway Lane, Grand
entity to be formed has agreed and is prepared to purchase
Island, New York 14072 in the amount of Nine Thousand
the six (6) properties for $49,000. He has also agreed to
Dollars ($9,000.00). The purchaser has deposited twenty
prepare and file plans and obtain all necessary permits and
percent of the bid price. The bid price is the amount to be
approvals for the construction of a convenience store/gas
received by the City. The buyer is required to pay a ten- percent
station upon the approval of the purchase price by the
buyer's premium to Cash Realty and Auction
Common Council. The cost of the appraisal, transfer tax,
The subject property consists of 3-story brick
recording fee's, legal descriptions, search and surveys are to
manufacturing/distribution warehouse with a partial basement.
be paid for by the purchaser.
Said property was acquired by the City through tax foreclosure
The City of Buffalo will perform the petroleum remediation
In-Rem No. 35, Serial No. 2738 of 10/23/01. The purchaser
work in accordance with the purchase agreement signed
intends to acquire, rehabilitate and use the property for storing
between the City and the buyer dated April 16, 2003. In
and distributing wholesale grocery supplies. He has submitted
exchange for the City of Buffalo performing petroleum
his list of repairs including cost estimates and proof of
subsurface remediation and in consideration of the negotiated
financing. The Collections Office has indicated that he has no
purchase price, the purchaser agrees to release the City of
outstanding debt and the Inspections Office has indicated that
Buffalo from any and all claims and liabilities in accordance
he has no outstanding violations.
with said agreement.
I am recommending that Your Honorable Body approve the bid
The Office of Strategic Planning and the Division of
of Taher W. Abdellatif in the amount of Nine Thousand Dollars
Collections have no objections to the sale. There are no
($9,000.00). No search or survey will be provided by the City. I
outstanding taxes, code violations, or other liens owed to the
am further recommending that the Corporation Counsel
City of Buffalo by the purchaser.
prepare the necessary documents for the transfer of title and
RESULT OF NEGOTIATION
that the Mayor be authorized to execute the same.
256, 258, 268, 272 E. Ferry, 1478 & 1482 Jefferson
REFERRED TO THE COMMITTEE ON FINANCE
I am recommending that Your Honorable Body approve the sale
of 256, 258, 268, 272 East Ferry and 1478 and 1482 Jefferson
in the amount of Forty Nine Thousand Dollars ($49,000) to Mr. As the analysis displayed earlier shows net savings over the
Ahmed M. Ayash or entity to be formed upon the above terms term of $15 million, this sensitivity for the headcount only
and conditions. I am further recommending that the change is as follows:
Corporation Counsel prepare the necessary documents for the $-5,805,407 $-6,025,796 $-692,393 $4,334,254 $8,341,806=
transfer of title and that the Mayor be authorized to execute the net $152,464
same. The difference is considerable and the retirements are strictly
REFERRED TO THE COMMITTEE ON FINANCE voluntary. The headcount starts at 881 because 4 former
officers need to return from the County.
NO. 5 The transition toward one-officer cars would begin in July 2003
SENECA - BABCOCK REDEVELOPMENT in "B" District if the State agrees to the re-engineering monies.
URBAN RENEWAL PLAN The State would need to agree to the monies during May 2003
Enclosed for your information - Negative Declaration of for the City to pass its budget on time.
Seneca - Babcock Redevelopment: Urban Renewal Plan Payback, by its very nature needs to be accomplished earlier
SEQR. than the fourth, fifth or sixth years.
REFERRED TO THE COMMITTEE ON COMMUNITY The changes in schedules, supervision, cars and retirements
DEVELOPMENT are in the future. The payout of $5,000.00 per officer is
retroactive to July 2002. The benefits could be realized, but our
NO. 6 history of already reducing the officer's total annual hours by
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 132 hours with a "bargain in good faith" provision for
303 MAPLE STREET (CITY OWNED-VACANT LOT, one-officer cars never was realized in the eight previous years
DIMENSIONS 30' X 100 since 1995.
The Office of Strategic Planning, Division of Real Estate has REFERRED TO THE COMMITTEE OF THE WHOLE
surveyed the city-owned vacant lot at 303 Maple Street,
Buffalo, New York 14204, parcel is 30' x 100' in dimension; and NO. 9
it has been determined that this parcel is inappropriate for INFO
either the construction of new housing or needed for public TREASURY
purposes. AUDIT FINDINGS
Ms. Annette Sharpe residing at 305 Maple Street indicated that Our analysis of bank deposits and withdrawals by fund reveals
she will clean, improve and maintain the lot in the event that that the City Treasury processed and recorded over $973
she obtains title to the property under the Urban Homestead million for the period 7/l/02 to 12/31/02.
Program. The Statement of Condition, prepared by the City Treasury as
The Division of Permits and Inspection Services and the of 12/31/02, was understated by a total of $5,000. We have
Division of Collections have been contacted. There are no noted two discrepancies:
property code violations, taxes or other liens owed to the City of We have verified four (4) teller shortages
Buffalo by the homesteader. SUBSEQUENT EVENTS
We, therefore, recommend that the city-owned vacant lot to be It was brought to our attention that on 2/4/03 M&T Bank
designated as a Homestead Property and be transferred to Ms. returned the following three checks drawn against the City's
Annette Sharpe, on the condition that the property is cleared Clearing Account due to lack of the Director of Treasury's
and improved within (6) months and maintained in a sanitary signature: The above checks were subsequently honored by
manner. the bank with the approval of the Comptroller's Office.
REFERRED TO THE COMMITTEE ON COMMUNITY AUDIT RECOMMENDATIONS
DEVELOPMENT Based on our audit findings, we recommend the following:
• Manually foot the Sundry Investments column on the monthly
NO. 7 Statement of Condition report and force enter in the correct
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM dollar value
255 SHERMAN (CITY OWNED-VACANT LOT, 30' X 105') • Verify the beginning monthly balances for all funds with the
The Office of Strategic Planning has surveyed the city-owned ending balances of the previous month on the Summary of
vacant lot at 255 Sherman Street, Buffalo, New York 14212, Operations report.
parcel is 30' x 105' in dimension; and it has been determined Continue the practice of requesting audit verification for all
this parcel is inappropriate for either the construction of new teller overages and/or shortages totaling $50.00 or more.
housing or needed for public purposes. Closely monitor the on-line credit card payments and
Ms. Samella Williams residing at 261 Sherman Street, Buffalo, reconcile the monthly totals with the "Sure Pay Manager" query
New York 14212 indicated she will clean, improve and maintain reports to the extent possible.
the lot in the event she obtains title to the property under the Consider a cut-off date prior to June 30, 2003 and effect, if at
Urban Homestead Program. all possible, a brief moratorium for the use of on-line credit card
The Division of Permit and Inspection Services and the payments and attempt to reconcile these transactions to the
Division of Collections have been contacted. There are no Treasury records, as well as, the Clearing Bank Account
property code violations, taxes or other liens owed to the City of statement.
Buffalo by the homesteader. Meet with Buffalo Sewer Authority officials and determine the
We, therefore, recommend the city-owned vacant lot be feasibility of closing out apparent dormant bank accounts.
designated as a Homestead Property and be transferred to Ms. Request that another division perform the monthly bank
Samella Williams, on the condition the property is cleaned and reconciliation for the M&T Bank Clearing Account or at least
improved within (6) months and maintained in a sanitary have a manager sign off on the one that is done.
manner. Establish a verification system within Treasury which would
Mrs. LoTempio Moved: That the City owned property commonly require at least two employees to independently review each
known as 255 Sherman be and hereby is designated as Clearing Account check as to fund, dollar amount and proper
Homestead Property and that the property be transferred to Ms. signature.
Samella Williams residing at 261 Sherman Street on the REFERRED TO THE COMMITTEE ON FINANCE AND THE
condition the property is cleared and improved within 6 months COMMISSIONER OF ADMINISTRATION AND FINANCE
and maintained in a sanitary manner
PASSED FROM THE COMMISSIONER OF ASSESSMENT AND
AYES - 13 - NOES - 0 TAXATION
NO. 10
FROM THE COMPTROLLER REQUEST APPROVAL OF
NO. 8 CERTIFICATE OF CURRENT
PBA CONTRACT REVIEW BASE PROPORTIONS
Description Attached find Certificate of Base Percentages, Current
The City of Buffalo recently negotiated a tentative settlement Percentages and Current Base Proportions. I am respectfully
with the Police benevolent Association (PBA) for the years requesting that Your Honorable Body approve the
starting July 1, 2000 and ending at June 30, 2007. aforementioned Certificate pursuant to Article 19 of the Real
It includes raises for the various years and a one-time Property Tax Law.
incremental $5,000.00 payment to each member for certain This Certificate was prepared by this department with the
concessions in the future. The Administration wanted to assistance of the New York State Office of Real Property
institute one-officer cars and this contract was signed to Service, pursuant to the Real Property Tax Law and the Rules
accomplish that. and Regulations of the office of Real Property Service.
The Administration proposal reflected savings of $15 million Upon approval of this Certificate, kindly direct the City Clerk to
over the future 5 years based on a comparison to the current sign, date and forward said Certificate to the New York State
levels. office of Real Property Service, Equalization Rate Bureau, 16
The proposal with the incentives includes head count numbers Sheridan Avenue, Albany, New York 12210-2714. Also, kindly
for the years as follows: 877 817 757 675 675 direct the City Clerk to furnish this department with a copy of
Another approach may be to consider the headcount as falling the approved Certificate.
at a slower rate as follows: 877 850 800 750 700
REFERRED TO THE COMMITTEE ON FINANCE AND THE That the above communication from the Commissioner of
COMMISSIONER OF ADMINISTRATION AND FINANCE Public Works, Parks and Streets dated April 21, 2003, be
received and filed; and
NO. 11 That the Commissioner of Public Works, Parks and Streets,
REQUEST APPROVAL OF be, and he hereby is authorized to award a one-year lease with
CERTIFICATE OF ADJUSTED the option to renew for three, two-year extensions for Cazenovia
BASE PROPORTIONS Golf Course Concessions, to Maritza Miller, the highest
Attached find Certificate of Adjusted Base Proportions. I am responsible bidder.
respectfully requesting that Your Honorable Body approve the PASSED
aforementioned Certificate pursuant to Article 19 of the Real AYES - 13 NOES - 0
Property Tax Law.
This Certificate was prepared by this department with the NO. 15
assistance of the New York State Office of Real Property CHANGE IN CONTRACT
Service, pursuant to the Real Property Tax Law and the Rules SMALL ANIMAL SHELTER
and Regulations of the Office of Real Property Service. KENNEL UPGRADES
Upon approval of this Certificate, kindly direct the City Clerk to I hereby submit to Your Honorable Body the following
sign, date and forward said Certificate to the New York State changes for Small Animal Shelter, Kennel Upgrades, Miller
office of Real Property Service, Equalization Rate Bureau, 16 Enterprises, Inc., C #92010749.
Sheridan Avenue, Albany, New York 12210-2714. Also, kindly 1. Furnish and replace (8) doors and frames-, one (1) rear
direct the City Clerk to furnish this department with a copy of entrance door including threshold, sweep, and weather
the approved Certificate. stripping.
REFERRED TO THE COMMITTEE ON FINANCE AND THE Add $ 7,840.00
COMMISSIONER OF ADMINISTRATION AND FINANCE The foregoing change results in a net increase in the contract
of Seven Thousand Eight Hundred Forty and 00/100 Dollars
FROM THE COMMISSIONER OF PUBLIC WORKS. PARKS ($7,840.00).
AND STREETS Summary: Current Contract Amount $67,500.00
NO. 12 Amount of This Change Order (#1)Add$ 7,840.00
B. DAVIS-C. TROTTER & OTHERS Revised Contract Amount $75,340.00
TREES-FRUIT BELT NEIGHBORHOOD Costs have been reviewed by the Department of Public Works,
ITEM #97, C.C.P. 4/L/03 Parks & Streets and were found to be fair and equitable. Funds
The referenced item was sent to this office for comment. for this work are available in CPF 36322206 445100 - Division
The City Forester examined the trees in the area bounded by of Buildings.
Main St., the Martin Luther King Expressway, Goodell St., and I request that Your Honorable Body authorize the
Best St. in response to this inquiry. Commissioner of Public Works, Parks & Streets to issue a
There currently exists 1,044 trees in this area. Of these trees change order to the contractor as set forth above.
the Forester has identified 24 priority I removals, 86 priority 2 Mrs. LoTempio moved:
removals and 23 priority 3 removals. He has also found 287 That the above communication from the Commissioner of
trees in need of priority pruning and 624 trees in need of Public Works, Parks and Streets dated April 9, 2003, be
routine pruning. We estimate the cost to do this work at received and filed; and
$120,000. That the Commissioner of Public Works, Parks and Streets be,
Also, five tree stumps were found within the City's right-of-way. and he hereby is authorized to issue change order No. 1, to
These stumps will be removed by Forestry Division employees Miller Enterprises, Inc., an increase in the amount of
this summer. $7,840.00, as more fully described in the above
This past fall new trees were planted along Best and Locust communication, for work relating to Small Animal Shelter,
Sts. We will, in addition, be planting and trimming trees on Kennel Upgrades, C #92010749. Funds for this project are
Ellicott and Michigan Sts. this year. As well, over the past three available in CPF 36322206 445 100 - Division of Buildings.
years, we have removed 88 hazardous trees and trimmed all PASSED
trees on Locust St. in this area. AYES - 13 NOES - 0
If approved bonds for tree trimming, removal and planting are
sold this spring, we will be able to begin the majority of needed NO. 16
removals and trimmings this year. If the funds are not allocated, CHANGE IN CONTRACT
the Forestry Division will try to address priority I removals. ZOOLOGICAL GARDENS
REFERRED TO THE SPECIAL COMMITTEE ON STREETS CAMP CONSERVATION
SERVICES JOB 0285
I hereby submit to Your Honorable Body the following
NO. 13 changes for the Zoological Gardens, Camp Conservation,
BLOCK GRANT FUND TRANSFER General Construction, Allgaier Construction, C #92010706.
HENNEPIN COMMUNITY CENTER 1. Repair of face walls in (2) holding areas,
KITCHEN WORK lockset change, mortar color change. Add $ 845.00
I hereby request that Your Honorable Body authorize a The foregoing change results in a net increase in the contract
transfer of CDBG funds in the amount of $25,515.00 from of Eight Hundred Forty Five and 00/100 Dollars ($845.00).
CDBG Account #27-03200 to our Capital Account #35640206 Summary: Current Contract Amount $641,500.00
for partial funding of the Hennepin Community Center Kitchen Amount of This Change Order (#1) Add $ 845.00
Work. (See attached BURA Item) Revised Contract Amount $642,345.00
Mrs. LoTempio moved: Costs have been reviewed by the Consulting Architect (Foit
That the above communication from the Commissioner of Albert Associates) and the Department of Public Works, Parks
Public Works, Parks and Streets dated April 24, 2003 be & Streets and were found to be fair and equitable. Funds for
received and filed; and this work are available in CPF 34321506 445100 - Division of
That the Comptroller be, and he hereby is authorized to transfer Buildings.
CDBG funds in the amount of $25,515.00 from CDBG I request that Your Honorable Body authorize the
Account #27-03200 to Capital Account #35640206 for partial Commissioner of Public Works, Parks & Streets to issue a
funding of the Hennepin Community Center Kitchen Work. change order to the contractor as set forth above.
PASSED Mrs. LoTempio moved:
AYES - 13 NOES - 0 That the above communication from the Commissioner of
Public Works, Parks and Streets dated April 24, 2003, be
NO. 14 received and filed; and
CAZENOVIA GOLF COURSE CONCESSIONS That the Commissioner of Public Works, Parks and Streets be,
This department advertised for anyone interested in operating and he hereby is authorized to issue change order No. 1, to
the concession area at the Cazenovia Golf Course. We Allgaier Construction, an increase in the amount of $845.00, as
received two responses, which are attached. more fully described in the above communication, for work
We recommend that Maritza Miller be granted a one-year lease relating to the Zoological Gardens, Camp Conservation,
for this area with the option to renew for three (3), two-year General Construction, C #92010706. Funds for this project are
extensions. We believe that the Miller proposal more fully available in CPF 34321506 445 100 - Division of Buildings.
meets the requirements of the City and the needs of the users PASSED
of the concession area. AYES - 13 NOES - 0
We, therefore, request that the Common Council authorize the
Commissioner of Public Works, Parks and Streets to negotiate NO. 17
a contract with Maritza Miller, 16 Harding Rd., Buffalo, NY for EMERGENCY RECONSTRUCTION KLEINHANS MUSIC
the operation of concessions at the Cazenovia Golf Course. HALL HVAC
Mrs. LoTempio moved: The HVAC system at Kleinhans Music Hall requires
immediate reconstruction to keep the system operating.
Specifically, the coils and several sections of piping need to be Street Greenway PIN #5756.79. That the Commissioner of
replaced. Public Works, Parks and Streets be, and he hereby is
Because of the problem, I have declared an emergency. The authorized to hire an engineering consultant and commit
expected cost of the work is $40,000. Funds are available in funding necessary for first instance costs and all related
Division of Buildings' account 36321606. Federal and Non-Federal shares of project costs. The City's
Mrs. LoTempio moved: share of costs will be available in Capital Account for Local
That the above communication from the Commissioner of Match Reserve.
Public Works, Parks and Streets dated April 14, 2003, be Passed.
received and filed; and AYES - 13 - NOES - 0
That the Commissioner of Public Works, Parks and Streets,
be, and he hereby is authorized to award an emergency No. 22
contract for Kleinhans Music Hall HVAC, in an amount not to Thompson-Bruce Dove -
exceed $40,000. Funds for the project are available in Division Dove Ministries
of Buildings' account 36321606. Item #61, C.C.P. 4/15/03
PASSED The referenced item was sent to this department for
AYES - 13 NOES - 0 comment.
No. 18 L & J Valvo Memorial Auditorium is owned by the City of Buffalo. Currently
455-459 Niagara St. the BOS Group has been designated as the preferred
Item #64, C.C.P. 4/15/03 developer. If anyone has an interest in purchasing this building,
The referenced item was sent to this department for a they should contact the Division of Real Estate.
response. The Buffalo Convention Center is no longer owned by the City
Please be advised that this department has no jurisdiction over of Buffalo. It is now owned by the County of Erie.
any of the items discussed in referenced communication. I have no information on any grants that may be available for
RECEIVED AND FILED the purchase of either building.
REFERRED TO THE COMMITTEE ON FINANCE
No. 19
M. Martino-M. Krause, "Bricks in the Bowl' NO. 23
Project - Cazenovia Park Women and Children's Hospital Helipad
The subject item was referred to this department for Item No. 206, C.C.P. 04/15/03
comment. This department has been asked to review and comment
This department has no objections to South Buffalo Alive on the application for a heliport at 219 Bryant St. Our
utilizing a portion of Cazenovia Park for Bricks in the Bowl comments are based on the review of the possible effects on
project, provided that all funds received from the project are any installation under the jurisdiction of this department. We
used for improvements the park. We also will require that the offer no comment on any possible effects on non-public lands
bricks be placed properly and that the Olmsted Conservancy or structures.
concurs with the design. Site 1, grade level site at Elmwood Ave. and Bryant St. would
REFERRED TO THE COMMITTEE ON LEGISLATION have the greatest impact on the City' infrastructure. This
alternative would require the removal of valuable, useful city
No.20 installations such as street lighting, trees, and traffic signals.
Payment of Disposal Charges - As such, this department cannot endorse this option.
Americorps Sites 2 and 3, would place the heliport on top of various
From April 2002 through March 2003, Americorps has privately owned structures. We, therefore, have no objection to
assisted the City in various neighborhood clean-ups. They either of these sites.
disposed of 85.33 tons of trash through our transfer station. Site 4, the roof of the John C. Gallagher, Sr. Parking Garage,
The Division of Accounting has invoiced Americorp $2,172.96 would have some impact over a city owned facility. Although
for disposal costs through October 2002, and I assume that this ramp is not under the jurisdiction of this department, I do
they will also bill Americorp, for disposal costs for November suggest that if this site is selected, that the structural integrity
2002 through March 2003. of the ramp is carefully checked and that discussions be
I request that the Common Council direct the Comptroller to initiated regarding lost revenues as a result of the reduced
abate the outstanding invoice number 16097 issued to number of available space
Americorp in the amount of $2,172.96, and that the Common We find no fault with the selection of Site 3 as the
Council allow Amcricorp to dispose of trash collected in recommended site in that it has no effect on city owned
association with various future neighborhood clean-ups through properties.
our transfer station at no cost. REFERRED TO THE COMMITTEE ON LEGISLATION
Mrs. LoTempio Moved:
That the above communication from the Commissioner of FROM THE COMMISSIONER OF POLICE
Public Works, Parks and Streets dated April 22, 2003, be
received and filed; and NO. 24
That the Comptroller be, and he hereby is authorized to abate Drug Asset Forfeiture Checks Received
the outstanding invoice number 16097 issued to Americorp in Item No. 104, C.C.P. 2/2/88
the amount of $2,172.96 and that the Common Council allow 8155-00117462 - C2-02-0126 $ 2,465.35
Americorp to dispose of trash collected in association with 8155-00117462 C2-02-0127 2,601.55
various future neighborhood clean-ups through the transfer 8155-00117506 C2-02-01 11 167.35
station at no cost. 8155-00117672 C2-02-0138 1,095.25
Passed. 8155-00117672 C2-02-0136 924.25
AYES - 13 - NOES - 0 8155-00117582 C2-02-0082 593.95
8155-00117582 C2-01-0162 1,111.94
No. 21 8155-00117633 C2-01-0054 230.78
Permission to Enter into Agreements w/NYSDOT 8155-00117598 C2-02-0065 1,017.54
Provide Matching Funds 8155-00117598 C2-02-0098 625.15
Tifft St. Greenway TOTAL DEPOSIT $ 10,833.11
PIN #5756.79 The above referenced property has been administratively
Permission is requested from Your Honorable Body to forfeited by the Drug Enforcement Administration. (DEA). The
authorize the Mayor of the City of Buffalo to enter into all checks were received by this Department and duly deposited in
necessary agreements with the New York State Department of the Trust & Agency Account,#20010000-389001.
Transportation (NYSDOT) to administer, design, bid and These funds will be placed into one or more of the following
construct Tifft St. Greenway. accounts as deemed by the Commissioner of Police:
In addition, permission is requested for the City to hire an Educational Training/Seminar
engineering consultant and commit funding necessary for first Confidential Funds
instance costs and all related Federal and Non-Federal shares Materials and Supplies
of project costs. The City of Buffalo's share of costs for this Firearms and Weapons
project is anticipated to be 20%. Costs estimates for the work, Communications and Computers
including engineering costs are $1.25 million dollars and the Electrical Surveillance
City's share of costs will be available in our Capital Account for Purchase of Services
Local Match Reserve. Improvements
Mrs. LoTempio Moved: Vehicles
That the above communication from the Commissioner of Operating Equipment
Public Works, Parks and Streets dated April 21, 2003 be If you have any questions regarding the above mentioned,
received and filed; and please contact Chief Edward Hempling at 851-518 1.
That the Mayor be, and he hereby is authorized to enter into all RECEIVED AND FILED
necessary agreements with the New York State Department of
Transportation to administer, design, bid and construct Tifft NO. 25
"B. Grant-D. Lawvere-Traffic Problems-Main/Winspear, Pursuant to Section 24-2 of the Charter, "When any
etc.:" appointment to an office or position, except a position included
Item #53, CCP, April 15,2003 in the labor class as defined by the civil service law, is made,
I have instructed Inspector Andrews of the E District to the appointing power shall file with the council a certificate of
have car crews monitor this area for any vehicle and traffic such appointment, stating (a) in detail the qualifications of the
violations. Any change in signage for this area would come appointee and certifying that the appointee is fully qualified to
under the direction of the Public Works Department. fill the office or position or (b) that the appointee has been
REFERRED TO THE COMMITTEE ON LEGISLATION certified or approved by the commissioner of human resources
for the appointment so made; and no appointment shall be
No. 26 effective which does not comply with the provisions of this
"S. Guastaferro, BDDABC, Req. Police Assist. In Enforc. section."
Noise Ordinance" The above section creates the requirement to file the Certificate
Item #54, C.C.P. April 15,2003 of Appointment with the Council, thus, various COA appear on
I have instructed Inspector Misztal of the D District to have the Council agenda at almost every regular meeting.
his car crew's concentrate on this area as much as possible The Council's responsibility to approve appointments above the
and to strictly enforce the noise ordinance. minimum salary is elaborated upon in the Personnel Policies
REFERRED TO THE SPECIAL COMMITTEE ON POLICE Chapter of the City Code, Chapter 35. Section 35-4 (B)
REORGANIZATION provides, "Appointment to an office or position set forth in §
35-1 of this Article shall be made at the minimum
No. 27 compensation provided therefor unless otherwise
C. Fisher-D. Goodwin-Arab Deli Stores specifically authorized by the Council upon the written
Item #50, CCP, April 15, 2003 recommendation of the appointing power stating the reasons
I would request that the women who has stated that Officers therefor."
(emphasis added).
did not take a report or provide proper service regarding the
Section 35-11 further establishes the use and filing of the
situation at 930 Main please provide us with the date and time
Certificate of Appointment with the Common Council for
this occurred so that we can further investigate this allegation.
competitive and noncompetitive positions, but does not confer
REFERRED TO THE COMMITTEE ON LEGISLATION
any authority to add, approve or change the nature of the
appointment. The appointing authority retains that power,
No. 28
subject to the certification of the Commissioner of Human
Req. Police Submit Plan for Enforcing Littering
Resources that the appointment is qualified to serve in the
Ordinance:
respective position.
Item 4205, CCP, April 15, 2003
If you have any further questions, please feel free to contact
Due to recent budget cuts, this department was forced to
this office.
eliminate our Community Police Officers who would have been
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
a great tool to use in enforcement of this nature. At the present
time we do not posses the resources to develop any full time
NO. 33
program to address these quality of life issues. We will, though,
Dog Control Violations
encourage our officers to be vigilant of these problems, and
Item No. 126, C.C.P., 9/3/2002
take necessary action when violations occur.
You requested a response from the Law Department
REFERRED TO THE COMMITTEE ON LEGISLATION
regarding the fine and fee structures utilized by the City for dog
control violations. There has been a call to increase the fines
No. 29
connected to various dog violations. Attached is a proposal
Certificate of Appointment
from the Director of Animal Control to increase the fines.
Appointment Effective: April 14, 2003 in the Department of:
While the City does have some authority to increase fines and
Police
fees pursuant to sections 118, 119 and 124 of the Agriculture
to the Position of: Police Officer Permanent Appointment at
and Markets Law (A&M Law), there are also some restrictions.
the: Intermediate Starting Salary of: $ 39,306
As it stands, some of the proposed increases may be contrary
Derrick Banaszak 509 Roycroft Blvd. Cheektowaga, NY 14225
to state law. The framework currently utilized by the City may
Linda McDonald 22 Payson Street Buffalo, NY 14220
not be consistent with the structure in the Agriculture and
David O'Brien 161 Marine Drive Buffalo, NY 14202
Markets Law. The City must elect whether to pursue dog
Scott Blesy 49 Crestwood Avenue Buffalo, NY 14216
violations as civil code violations or penal law violations
Raymond Krug 153 Shenandoah Road Buffalo, NY 14220
pursuant to A&M Law Section 119.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Generally speaking, civil code violations are to be no more than
$25, but if there is another violation within 5 years from the first
No. 30
violation, the fine is to be no more than S50, and if there are
Certificate of Appointment
two or more violations within 5 years from the first violation, the
Appointment Effective: April 14, 2003 in the Department of:
fine can be no more than S 100. With penal law violations, the
Police
structure is the same, except that if there are two or more
to the Position of: Police Officer Contingent Permanent
violations within 5 years from the first violation, imprisonment
Appointment
can be added to the fine of nomorethan$100. For our purposes,
at the: Intermediate Starting Salary of: $ 39,306
the City of Buffalo has elected to pursue civil violations.
Jason Mayhook 76 St. James Place Buffalo, NY 14222
The proposed Class A fines are within the State tolerances, but
Melissa LeBron 105A Altruria Street Buffalo, NY 14220
may not be if they are doubled as proposed. These are not
Anthony Szymkowiak 82 Whitfield Street Buffalo, NY 14220
deemed to be continuing violations, thus the escalation of the
Steven Maslowski 311 Parker Avenue Buffalo, NY 14216
fine maybe preempted. The proposed Class B fines are subject
James Scherer, Jr. 147 Marine Drive - Apt 7E Buffalo, NY
to the jurisdiction of A&M Law Section 119 (4), which has a
14202
fine of no more than $300 for the first offense, but not more
Christopher Sterlace 68 Trowbridge Street Buffalo, NY 14220
than $600 for a second or subsequent offense pursuant to
Shawn Adams 1061 Tonawnda S. Buffalo NY 14207
A&M Law Section 39. Each day of failure to perform the
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
required duty shall constitute a separate offense. As currently
proposed, the Class B fines are within the appropriate
tolerances, though they seem out of step with the nature of the
No. 31
other offenses.
Certificate of Appointment
The proposed Class C fines, at $75, are too high according to
Appointment Effective: April 14, 2003 in the Department of:
the State limits of A&M Law Section 119 (2)(b). They should be
Police
no more than $25 for the first offense. The fine structure
to the Position of: Police Officer Permanent Appointment at
presently utilized by the Animal Shelter needs to be addressed
the: Intermediate Starting Salary of: $ 42,486
as soon as practicable. This would seem to be an opportunity
Michael Sullivan 178 Ridgewood Road Buffalo, NY 14220
to correct that circumstance. The Council will have to
Joanne Patterson 97 Vincennes Street Buffalo, NY 14202
determine the amount of the fines it wishes to utilize.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
A copy of the City's current fee schedule is also attached. The
fees for seizing and adopting dogs are more compliant with
FROM THE CORPORATION COUNSEL
A&M Law Section 118. Section 118 (4)(c) allows the City to set
the fee for impoundment in any amount, and there is no
NO. 32
prescribed fee for adoption in the A&M Law. The City's fees for
Council Approval - Salary Above
seizing animals are currently higher than the amounts stated by
Minimum Step
Section 118 (4)(c), so they may be raised, if the Council so
You requested a response from the Law Department
proscribes.
regarding why the Common Council approves Certificates of
Licensing fees are governed by A&M Law Section 109 and I
Appointment ("COA") for appointments above the minimum
10. The City's current license fees are not in line completely
salary grade, but does not otherwise act to approve changes in
with State requirements. While we do have the authority to
status.
raise them above the State minimum, the fee for an unspayed
or unneutered dog must be $5 higher than the fee for a spayed Representatives of Roto Rooter were interviewed and are well
or neutered dog. The fee for an unspayed or unneutered dog equipped with both machinery and manpower and are well
cannot exceed $10, so the City's current fee for spayed or qualified to perform this service. Roto rooter representatives
neutered dogs should be reduced to S5. There is also a new have also submitted and signed a Proof of Solicitation an First
additional surcharge of $3 for unspayed or unneutered Source Agreement to ensure women and minority participation
purebred dogs who are not licensed by the age of four or older. on this project. We are recommending that you Honorable
Further, according to A&M Section 110 (2), purebred licenses Body approve Roto Rooter to reform the Serenade Water
cannot exceed $25 for harboring no more than ten purebred Termonation at a cost of nine hundred ands twenty seven
dogs, $50 for no more than twenty-five and $100 if there are dollars ($ 927.00) per termination.
more than twenty-five dogs on the premises. The City's current REFERRED TO THE COMMITTEE ON FINANCE
fee structure provides only a simple $25 fee for a purebred
license. The City should also increase its euthanasia fee to FROM THE COMMIS SIONER OF ADMINISTRATION AND
$30. FINANCE
There is an additional new surcharge of $5 if the City identifies
an unlicensed dog during an enumeration, during which the NO. 36
City may ascertain and list the names of all persons owning or Certificate of Appointment
harboring dogs within the municipality. The City can either Appointment Effective: April 28, 2003 in the Department of
authorize its own animal control officers to conduct the Administration and Finance Division of Parking Enforcement
enumeration or it can contract out for it to be done, pursuant to to the Position of Supervising Hearing Examiner (part-time)
A&M Section 114 (7). PROVISIONAL APPOINTMENT MAXIMUM Starting Salary of
If you have any further questions, please feel free to contact $28,622
this office. Randall J. Kay 6 McKinley Circle Buffalo 14220
REFERRED TO THE COMMITTEE ON LEGISLATION REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF COMMUNITY SERVICES
FROM THE COMMISSIONER OF PERMIT & INSPECTION
SERVICES NO. 37
Third Quarterly Report on the
NO. 34 Report on the Division of Substance Abuse
Concerns 67 Englewood Ave. Services
Item No. 80, C.C.P. 4/1/2003
I am in receipt of the above stated Common Council Attached please find the Third Quarterly Report on the
Communication and wish to supply your Honorable Body with Division of Substance Abuse Services.
the following information. Upon receipt of your inquiry, Building Copy available in the City Clerks office for review
Inspector Michael O'Neill was dispatched to the REFERRED TO THE COMMITTTEE ON THE WHOLE
aforementioned property. This property has been the subject of
numerous inspections and the Building Inspector advise me FROM THE BUFFALO SEWER AUTHORITY
that the remainder of the repair work requires "good weather" in
order to complete the work. Inspector O'Neil will continue to NO. 38
monitor the property to assure the problems with trash debris BUFFALO SEWER AUHORITY
and cars are addressed and issue summons' ft all violations. 2003- 2004 BUDGET
Building Inspector O'Neill has also informed me that other Copy available in the City Clerks Office for review
properties owned by Mr. Price have bee inspected as well as RECEIVED AND FILED
other properties on Englewood Avenue. If your Honorable body
wishes to review our inspection files on any or all of these FROM THE CITY CLERK
properties, we in the Department of Permit and Inspection NO. 39
Services would be glad to provide answers to any and all LIQUOR LICENSE APPLICATIONS
inquiries. It is my sincere hope that this response satisfies your Attached hereto are communications from persons applying
inquiry. for liquor licenses from the Erie County Alcohol Beverage
REFERRED TO THE COMMITTEE ON LEGISLATION Control Board.
Address Business Name Owner's Name
No. 35 520 Niagara St Scott W. Hartung Scott W. Hartung
Sewer and Water Terminations for Demolition 47 E. Mohawk Mohawk Place Peter Perry
Request for Proposal 257 Franklin Darcy Magee's Buffalo Pub
As your Honorable Body is aware the Department of Permit Concepts
and Inspection Services has charge of the demolition of al 282 Franklin St Buffalo Chop House Buffalo Chop House
public and privately owned structures. In an attempt to expedite 44 Allen St Q 44 Allen St Bflo Ny
the demolition process the Department of Permit an Inspection RECEIVED AND FILED
Services awarded all sewer and water termination to a licensed
master plumber. Upon expiration of that contract and in an NO. 40
attempt to cooperate with the Buffalo Water Authority, the LEAVES OF ABSENCE WITHOUT PAY
sewer and water terminations were t performed by personnel of I transmit herewith notifications received by me, reporting the
the Buffalo Water Authority. It was our understanding those granting of the leaves of absence without pay, in the various
additional personnel was to b added to the workforce of the departments as listed:
Buffalo Water Authority. These additional personnel were to be x Mayor/Mayor Executive- Strategic Planning Christine
dedicated to perform the sewer and water termination for Kasianowicz
demolition of buildings. The additional personnel were not X Public Works, Streets & Parks- Sharon Schweikhard, Patrick
added thus causing an excessive backlog of approximately six Annunziata
hundred (600) sewer and water terminations. As the backlog X Police- David Greenway
has increased it was realized by all parties involved that it would X Perm it and Inspection Services- Charles Moore
be necessary to pursue a private contractor to perform this x Administration and Finance- Melanie Carey-Lehner
required service We are expecting to perform approximately RECEIVED AND FILED.
500 (five hundred) sewer and water per year. On March 26,
2003 Th Department of Permit and Inspection Services sent a NO. 41
Request for Proposal to all one hundred and fifty (150) Master REPORTS OF ATTENDANCE
Plumbing Contractors. Supplied with this package were the I transmit herewith communications received by me, from the
performance specifications, First Source Agreement and proof various boards, commissions, agencies and authorities
of Solicitation forms. The results of this request for proposal reporting the membership attendance at their respective
are as follows: meetings:
C.E.F Enterprises, Sewer and Water Cut ' Standard - $ X Buffalo Sewer Authority
1050.00 RECEIVED AND FILED
Sewer and Water Cut Smith Patent - $ 2500.00
Osinski Plumbing, Sewer and Water Cut Standard - $ 1878.00 NO. 42
Sewer and Water Cut Smith Patent - $ 2781.00-$ 4675.00 NOTICES OF APPOINTMENTS - COUNCIL INTERNS
Lincoln Plumbing, Sewer and Water Cut Standard - $ 1395.00 I transmit herewith appointments to the position of Council
Sewer and Water Cut Smith Patent - $ 3849.00 Intern.
Kandy Corporation, Sewer and Water Cut Standard - $ Mrs. LoTempio moved the approval of the appointments to the
1792.00 position of CounciI Intern
Sewer and Water Cut Smith Patent - $ 4527.00-$ 6842.00 ADOPTED
Roto-Rooter, Sewer and Water Cut Standard - $ 927.00
Sewer and Water Cut Smith Patent - $ 927.00 CERTIFICATE OF APPOINTMENT
Appointment Effective April 15, 2003 in the Department of venture into the park were the dog owners. Their legion has
Common Council, to the Position of intern I, Seasonal increased and is very much appreciated by the rest of us who
Non-Competitive use the park in the early morning and evening.
at the Flat Starting Salary of $ 7.00/hr It is true that the Rumsey area near the lake is relatively unused
April D. Williams, 423 Koons Avenue, Buffalo, NY 14211 at this point. That does not mean it should be destroyed by a
dog run. There is no way to make such a place beautiful or
NO. 43 even pleasant and I guarantee you that most people will not use
NOTICES OF APPOINTMENTS - SEASONAL/FLAT it, especially after it becomes a dirtpile.
I transmit herewith certificates received by me, reporting I believe there should be restrictions on dog owners. Dogs
seasonal and flat salary appointments made in various should not be allowed to run free in the park during the hours
departments. when it is frequently used. I would suggest restricting dogs to
RECEIVED AND FILED leashes from 10 am - 4pm in the winter - and 9 or 10 am to 8
pm in the summer.
CERTIFICATE OF APPOINTMENT Last fall, the Buffalo Olmsted Conservancy brought Tupper
Appointment Effective April 21, 2003 in the Department of Thomas, the administrator of Prospect Park in Brooklyn, to
Community Services, Division of Senior services to the Position Buffalo. She was vehemently against dog runs (while in favor of
of Senior Citizen Aide, Seasonal, Non-competitive at the restricted hours) for the reasons I have cited. Dogs and their
Minimum owners add immeasurably to the security of the park and they
Starting Salary of $ 8.15/hr are also the first to notice other problems because they use the
Elizabeth Pieri, 90 Virgil Avenue, Buffalo, New York 14216 park on a consistent basis. A dog run may seem to be the
Sandra Szczepankiewicz, 142 Ryan Street, Buffalo, NY 14210 answer at first look, but it will create problems in the long run,
Robert Williams, 9 Jaktram Court, Buffalo, New York 14209 The park will not have the vigilance of all of those who use it
now and a pastoral area of the park will be destroyed.
CERTIFICATE OF APPOINTMENT There are many places in Delaware Park and our city that could
Appointment Effective April 23,2003 in the Department of benefit from the funds used for a dog run and I hope that this
Public Works, Parks, Recreation to the Position of Fee bad idea will be put to rest permanently.
Collector, SEASONAL Sincerely,
APPOINTMENT at the minimum Starting Salary of $6.15 ph Bette Blum
Kuwik Jerome, 2317 Bailey Avenue, Buffalo 14211 REFERRED TO THE COMMITTEE ON LEGISLATION
Morey ,Joanne, 8 Taunton Place, Buffalo 14216
Scanlon,Stephen, 57 Mariemont, Buffalo 14220 46
Barone Jr.Carl, 18 Crestwood Ave, Buffalo 14216 D. BRAEMER & S. EVANS CULTURAL FUNDING
Alessi , William, 721 Busti, Buffalo 14213 Re: 2004 Cultural Funding
Beutler, Sue, 35 Melrose, Buffalo 14220 "I see little of more importance to the future of our country and
Brady, John, 160 Norwalk, Buffalo 14216 of civilization than the full recognition of the place of the artist
Cardin, Evelyn, 41 Helen, Buffalo 14213 John F. Kennedy, Jr.
Haug ,Kelly 22 Weiyand, Buffalo 14210 The members of the Buffalo's arts and cultural community,
their friends, patrons and supporters', urgently request that you
NO. 44 reconsider your decision to eliminate financial support for the
APPOINTMENTS - TEMPORARY, PROVISIONAL OR arts, and at minimum restore the line designated for cultural
PERMANENT grant-in aid to the City's budget to reflect the value of contracts
I transmit herewith Appointments in the various departments rescinded in 2001: $740,000.
made at the Minimum (Temporary, Provisional or Permanent) What the arts do for the City of Buffalo:
and for Appointments at the Maximum (as per contract Support approximately 2500 jobs Give Buffalo the most
requirements) . consistent positive press locally and nationally Are true forces
REFERRED TO THE COMMITTEE ON CIVIL SERVICE. for economic development i.e. cultural tourism programs
Support local business - many theater district businesses
CERTIFICATE OF APPOINTMENT would not survive without downtown arts groups, and other
Appointment Effective April 14, 2003 in the Department of area businesses would face severe losses without arts
Community Services, division of Contract Administration to the organizations as clients or customers Generate taxes for the
Position of Attendant TEMPORARY appointment at the FLAT City Are critical to efforts designed to attract professionals and
Starting Salary of $6.00/hr industry to this region Assist educators in meeting the learning
Rose Cich, 936 South Park, Buffalo 14210 standards established by the NYS Dept. of Education
Shawn Nicholson, 316 Abbott, Buffalo, 14220 It is a well known fact that Buffalo is home to one of the most
Theresa Fryer, 183 Kilhoffer, Buffalo 14211 recognized and well respected arts communities in the nation,
Antoinette Kozlowski, 45 Seymour, Buffalo 14210 as evidenced by the outstanding press the arts receive in
newspapers and magazines across the country. It is also a fact
CERTIFICATE OF APPOINTMENT that the majority of our community's most prized cultural assets
Appointment Effective April 14, 2003 in the Department of are located within the City limits.
Community Services, Division of Contract Administration to the We arc not immune to the woes of Buffalo and its fragile
Position of Supervisor TEMPORARY APPOINTMENT at the financial disposition and the tough decisions that must be
FLAT made going forward. But the decision to abdicate a primary
Starting Salary of $ 6.50 per hour responsibility to support culture altogether is not acceptable.
Garry Weiss, 914 South Park, Buffalo 14210 We don't believe it is productive and helpful towards building a
better tomorrow. When last appropriated in 200 1, arts funding
CERTIFICATE OF APPOINTMENT represented only .6% of the tax levy, when under the City's
Appointment Effective: April 18, 2003 in the Department of code. grant-in-aid could be appropriated up to 3% of the tax
Public Works, Parks & Streets, Division of Buildings to the levy. Cultural funding has never come close to that ceiling. We
Position of Senior First Class Stationary Engineer Temporary believe you must and can find a way to restate at least a portion
(As required) Appointment of that .6%.
at the Flat Starting Salary of $10.25 " Why are we fighting the war, if not to preserve our right
Edward F. Anken, 73 Houston Street, Buffalo 14220 to beauty," Sir Winston Churchill on the value and
importance of the arts during World War II.
While Eric County strives to stand steady in its support of the
NON OFFICIAL COMMUNICATIONS, PETITIONS AND arts community, its eligibility for funding, by law, is different
RENIONSTRANCES NON-OFFICIAL COMMUNICATIONS than the City of
NO. 45 authority to invest in certain key programmatic elements vital to
E. BLUM-OPPOSE DOG RUN/PARK DELAWARE PARK many neighborhood based initiatives.
I understand that letters concerning a proposed dog run/park Even in these troubled times, the cities that are best weathering
in Delaware Park should be addressed to your office. I am in the storm, are those cities that have maintained their pledge to
opposition to the this proposal. support art and culture, and are taking extraordinary measures
As a founding member of the Delaware Park Improvement to keep that pledge.
Committee (197 1) and Delaware Park Steering Committee Arts organizations are working diligently to improve our local
(1973), 1 am well acquainted with the various needs and uses economy through tourism, achieve greater student performance
of Delaware Park. I walk around Hoyt Lake and the Rumsey in our public schools, unify communities to fight against the
area each weekday morning between 6:30 and 7:15. Very forces of crime and hate, and prornote the character and
rarely have I encountered an unruly dog i.e. an uncaring owner, quality of life in this region. We cannot contribute to these
but it does happen. Usually enough pressure on the owner efforts without City support, and the City's goals for itself
takes care of the problem. Meanwhile dogs and their owners cannot be achieved without our help.
make the park a much safer place. I have the audacity to believe that people everywhere can have
When we began the restoration of Delaware Park with then three meals a day for their bodies, education and culture for
Common Councilmember Bill Hoyt, the only people who would their minds, and dignity, equality and freedom for their spirits,"
Dr. Martin Luther King, Jr. from his Nobel Peace Prize amount of viable habitat. In addition, the lake has a
sedimentation problem, which has contributed the lake's limited
.
acceptance speech
habitat. We are looking for assistance to restore the lake and
The citizens of Buffalo deserve a quality of life that is holistic
associated lands.
and provides choices. That is an inalienable right under the
We understand that the initial plan is 100% Federally financed,
constitution of this great nation. We look to elected leadership
however, if the plan proceeds to the next phase cost-sharing
to put into place a standard of living that affords us access to
will be required. We are also aware that there are cost sharing
"life. liberty- and the pursuit of happiness," not the imposition of
requirements associated with projects undertaken under this
fear and denial of resources. We urge Von to examine your
authority.
process carefully, and find a way to restore support for art and
a. Non-Federal interests shall provide 35% of the cost of
culture.
construction including the provision of all lands, easements,
REFERRED TO THE COMMITTEE OF THE WHOLE
rights of way, and necessary relocations. The cost of all studies
beyond the Preliminary Restoration Plan are shared as part of
NO. 47
construction costs.
ADELPHILA
b. The non-Federal share of construction costs shall be
BULK RATE INCREASE
paid after the project is approved for implementation and before
In an effort to keep you informed, I am enclosing a notice on
a construction contract is awarded.
some pricing changes that affect approximately 43 customers
c. The non-Federal Sponsor, is responsible for all
in your community.
operation, maintenance, repair, rehabilitation and replacement
Specifically, for those customers that receive Basic service at a
of the project.
discounted bulk rate and that subscribe to the Adelphia
This letter serves as an expression of intent and not a
Advantage Package (Powerlink and Digital), there will be a rate
contractual obligation and either party may discontinue the
increase as described in the attached customer letter. This
study process at any stage prior to construction.
change is effective with June statements. These customers
Please contact me at your earliest convenience regarding this
were not impacted by the rate change that we implemented in
request. My phone number is 851.5155 and my office address
April.
is 1401 City Hall, Buffalo, NY 14202.
Please feel free to direct any Adelphia customer calls that you
REFERRED TO THE COMMITTEE ON LEGISLATION
may receive to my attention. If you have any questions
regarding these changes, please contact me at 558-8545.
NO. 51
Sincerely,
B. DAVIS-B. HOWARD-LIQ LICENSE 454 PEARL ST
REFERRED TO THE SPECIAL COMMITTEE ON
Please file the following attachments for the upcoming
TELECOMMUNICATIONS AND THE OFFICE OF
Council Session to be held on Tuesday, April 22, 2003.
TELECOMMUNICATIONS
Should you require any further information, please feel free to
contact my office at 851-4980. Thank you.
NO. 48
Dear Mr. Davis,
M COPPOLA-ELMWOOD VILLIAGE COMMERCIAL DIST
I am writing you this letter to inform you that I am taking over a
DESIGN GUIDELINES
business ill your council district. I am applying for an on
Dear Mr. Michaux:
premise liquor license for 454 Pearl St., 14202. As you know,
Could you please file the attached report regarding Elmwood
the city clerk is supposed to be notified 30 days before
Village Commercial District Design Guidelines for the next
applying, however, if t have to wait 30 days, the current license
Common Council meeting so that it may be discussed in
holder will close before I can receive my license. This would
Legislation Committee.
mean that you would have a vacant business in a thriving
Attached available for review in The City Clerk’s Office
business area. Also, it could have a negative effect oil my
REFERRED TO THE COMMITTEE ON LEGISLATION
future business there. If at all possible, could you waive the 30
day stipulation, so that I may receive my license ASAP, and
open a successful restaurant, jazziblues club in the downtown
NO. 49
theater district.
MEMORANDUM
Thank you in advance
RESULTS OF MEETING WITH KEVIN FITZGERALD,
REFERRED TO THE COMMITTEE ON LEGISLATION AND
LOCAL 2651 AND 4AILYYEGURN,
THE CORPOIRATION COUNSEL
COMMISSIONER OF PERMIT & INSPECTION SERVICES,
REGARDING(QUALIFICATIONS FOR
NO. 52
BUILDING INSPECTOR AND BUILDING PLANS
E. TAYLOR-USE OF MASTEN PLAYGROUND-SUMMER
INSPECTOR
2003
DATE: April 17,2003
Please file the following attachments for the upcoming
At the request of Kevin Fitzgerald, President, Local 2651 and
Council Session to be held on Tuesday, April 22, 2003.
William Leisck, Chief Building Inspector they appeared, along
Should you require any further information, please feel free to
with Ray McGurn, Commissioner, Permit & Inspection
contact my office at 851-4980. Thank you.
Services, to review the minimum qualifications for the titles of
Sincerely,
Building Inspector and Building Plans Inspector.
USE OF MASTEN PLAYGROUND: SUMMER 2003
Currently, the minimum qualifications include experience as an
Dear Commissioner Giambra
Electrician, Plumber, Carpenter or Glazier. Mr. Fitzgerald and
BFNC, Inc. is prepared to again operate supervised
Mr. Leisck are requesting that the experience requirement be
recreational and educational activities from the Masten
expanded to include all building construction trades such as
Playground this summer, from July 7 through August 28, 2003
Bricklayer, Ironworker, Painter, Plasterer, Roofer, etc.
on the condition that the playground and shelter house can be
Up until 1991, the minimum qualifications did include these
brought into compliance with the inspection citations of the Erie
titles, however, it was determined at that time that the duties
County Health Department.
performed by Building Inspectors were not covered by these
This year, the Erie County Health Department inspected the
other trades and therefore eliminated them from the minimum
shelter house on April 9, 2003 and found it to be in generally
qualifications.
usable condition. It appears that repairs to the roof made last
Upon review, the Commissioner of Human Resources
year have held up and there have been no new holes or leaking.
determined that the following titles will be added in the
It is in need of some painting and general cleaning inside and
qualification: Bricklayer, Ironworker, Plasterer, Roofer.
outside the building. As the season approaches, the Health
Also, a statement will be added to allow other related titles, if
Department will make 2 more inspections and we will share any
deemed appropriate to the position, to be included.
concerns they may have. Thank you for last year's efforts.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
As you know, we have run this program for many years and we
request that we be able to do so again this year. Your
NO. 50
consideration in this matter is greatly appreciated. We look
M. COPPOLA-INFO HOYT LAKE
forward to another great season.
Attached letter to the Army Corps of Engineers regarding
REFERRED TO THE COMMITTEE ON FINANCE AND THE
Hoyt Lake and Scajaquada Creek
COMMISONER OF PUBLIC WORKS
Please file the attached letter for the next Common Council
meeting.
NO. 53
CITY OF BUFFALO
B. DAVIS-J ZECKHAUSER-CONCERNS 278 HUDSON; 272
Ecosystem Restoration at Hoyt Lake/Scajaquada Creek
JERSY
This letter is to request assistance from the Corps of
Please file the following attachments for the upcoming
Engineers under the Section 206 of the Water Resources
Council Session to be held on Tuesday, April 22, 2003.
Development Act of 1996, as amended.
Should you require any further inforination, please feel free to
The City of Buffalo is requesting help to identify and implement
contact my office at 851-4980. Thank you.
restoration measures for Hoyt Lake and Scajaquada Creek.
April 17, 2003
Hoyt Lake, formerly known as Delaware Park Lake, is in one of
The Honorable Anthony M. Masiello
the historic Olmsted Parks. Currently, this lake has a limited
City Hall -
Buffalo, New York 14202 that has spread throughout our neighborhood. The problems of
Dear Mayor Masiello; our Wakefield, Avenue neighborhood.has been addressed at
As you know, since its founding, the mission of Grassroots the City of Buffalo Common Council meetings and numerous
Gardens of Buffalo is a community program designed to complaint letters have been submitted to city officials which 'we
establish and support sustainable gardening projects at the appreciate all their help. This store has been the root of our
neighborhood level. The City has generously leased many neighborhood problems, which this comer is a bus zone for our
vacant lots to us that have been transformed into attractive children. Our neighborhood children stand on this comer to
flower and vegetable gardens by dedicated neighborhood catch their school bus which has stacks of large bread crates,
volunteers. ice machine, garbage cans overflowing with garbage waste and
Our office has been informed by concerned Grassroots drug dealers. This is definitely not a safe and healthy boarding
Gardens of Buffalo members, that the Office of Residential zone for our children.
Development with Hope V1, plan to take over City-owned We have received numerous complaints from homeowners
vacant lots on the lower west side, to build "in-fill" housing. Two wanting to close this store down due to the repeated gun
of these lots have been leased to our organization since 2000, shootings, drug sales, and abuse they have encounter by the
and are outstandingly beautiful flower gardens. They are operators of this store. We have extend a welcome to Saad
located at 278 Hudson Street, on the northeast corner of West Market to come to our bock club meetings to be apart of our
Avenue, and at 272 Jersey Street, on the northwest corner of neighborhood, which they would not participate to provide
West Avenue. support to help keep a clean and safe neighborhood
Both of these gardens are community endeavors, lovingly cared environment. The Wakefield residents are tired of their homes
for by the neighbors, and have long term investments in being destroyed by these drug dealers planting drugs on their
flowering shrubs and plants. Grassroots Gardens has assisted property and Saad Market supporting illegal activities.
them financially and the gardeners have contributed a great We would like for you to review the area stores of this nature
deal of "sweat equity" to produce Buffalo in Bloom prize that are currently being operated and you will see this Saad
winners. Market is not a necessity for our neighborhood (5 stores within
In 2002, the Fargo Estate Neighborhood Garden at 272 Jersey a I mile radius). In 2001, we submitted a petition to secure a
Street was awarded first prize for Community Gardens, as well camera to be placed at the comer of Wakefield & Holden
as The Mayor's Award. The United Neighborhood 2000 garden Avenue to Councilmember Antoine Thompson which he
at 278 Hudson won Honorable Mention in the Community indicated "I will do everything in my power that cameras are up
Gardens category. before spring this coming year" which to date we never
We understand that new housing is a fine and necessary received a camera. To permit. this store to reopen would, be, a
concept, but as so many unused vacant lots are available, we set back for us and all the support we have received from the
feel that these lots be allowed to remain as gardens. They Chief of Patrols, Save Our Streets program, Mayor Complaint
contribute beauty and a sense of community to the Line, Commissioner McGum, Councilmember Thompson,.
neighborhood, as well as a comforting green space to Councilmember at Large Charley H. Fisher III, Flare
counteract the stresses of urban life. By doing so, they Community Center and Habitat program. The Habitat program
increase the value of the property that surrounds them. assisted us in demolishing the property on Wakefield & Holden
We respectfully request that these properties be allowed to which they are now using as a dumping ground which the Saad
remain with Grassroots Gardens Buffalo. market put their store cabinets and patrons throwing garbage
of
from their store. This was a beautiful well-kept neighborhood
Thank you for your consideration.
and the closing of the Kensington-Fillmore projects changed
Sincerely,
our community overnight due to slum landlord housing. We are
REFERRED TO THE COMMITTEE ON FINANCE AND THE
working hard to restore our neighborhood community and with
BUFFALO MUNICIPAL HOUSING AUTHORITY
the support we have received from City Hall will enable us to
accomplish our goals.
NO. 54
The past few days of the Saad Market being closed you can
D. DEBOTH-REQ PURCHASE 1938 NIAGARA ST.
see an uplifted burden from our neighborhood residents and
Mr. Hannon;
the hope of their children being able to enjoy playing outside
it has come to my attention through the North Distric
and sitting on their porches. We have suffered too long not to
Councilman's office, that the city will be placing 193 8 Niagara
enjoy what we have worked hard as taxpayers and as a strong
St., the Jubilee Center building, on the open market. Please be
block club building a safe and healthy environment will recruit
advised that I am
families to our community with the same values and mission.
very interested in purchasing this property.
As Mayor of the City of Buffalo, we need your support and
My intentions for the building are to turn it into the 'Jubilee Art
assistance. A special thanks to Councilmember at Large
Center of Riverside'. With this building I can provide a safe
Charley H. Fisher III and Commissioner Raymond McGurn for
working environment for local artist of a variety of disciplines.
their continued efforts and support in building better Buffalo
Artists will be able to produce and show their works. There
neighborhoods.
would also be available classes open to the public in painting,
I can be reached at 796-2095.
drawing, sculpture and pottery.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
I am aware that the building is in desperate need of repairs, a
COMMISSIONER OF POLICE AND THE COMMISSIONER
new furnace and some roof repair, but I am willing to take this
OF PERMITS AND INSPECTIONS
on and I have the means to do so.
Please keep me advised and up-to-date on the situation and
NO. 56
process needed to move toward the sale of this property.
C. FISHER-D. GOODWIN-ARAB DELI STORES
Thank you for your time.
April 28, 2003
Sincerely,
Charles L. Michaux III
REFERRED TO THE COMMITTEE ON FINANCE AND THE
City Clerk/RMO
DIRECTOR OF REAL ESTATE
Room 1308 City Hall
Buffalo, NY 14202
NO. 55
Dear Mr. Michaux:
C. FISHER-P. HARRIS-REQ ASST . NOT TO AUTH. OPER
I hereby submit for filing, copies of a letter from Dianna
LIC. SAAD MKT. WAKEFIELD/HOLDEN
Goodwin, Executive Director of Community Voice Organization,
Dear Mr. Michaux:
Inc. Ms. Goodwin is presenting the information that the was
I hereby submit for filing, copies of a letter from Phyllis Harris,
requested by the council at the last council meeting on 4/22/03.
a concerned citizen of the Wakefield Avenue Block Club. Ms.
Charley H. Fisher III
Harris is seeking assistance from the council in blocking an
Council Member at Large
operating license for the Saad Market on Wakefield & Holden
Attachments (4)
Avenue due to drug activity in the Wakefield Avenue
Dear Mr. Fisher:
community.
Re: Arab Deli Stores
April 21, 2003
Please find enclosed the information that the Council Chairman
Mayor Anthony Masiello
requested at the session on 4/22/03.
I Niagara Square, Room 201
The Community Voice Organization, Inc. thank you for your
Buffalo, New York 14201
relentless efforts in dealing with these Arab deli stores.
Dear Mayor Masiello:
Sincerely,
On behalf of Wakefield Avenue Block Club and residents, we
Dianna Goodwin Executive Director, C.V.0., Inc.
are asking for your support not to authorize an operating
STATEMEN
license for the Saad Market on the comer of Wakefield &
T
Holden Avenue. The announcement made by Councilmember
NAME: Ms. Yvette Hill DATE OF INCIDENT: March 24,2003
at Large, Charley H. Fisher III on the Thursday, April 17, 2003,
@ 12:27 p.m.
the closing of Saad Market (Wakefield & Holden Ave.),
I went into O-N Supermarket located at 930 Main Street to put
Wakefield residents rejoiced our prayers have been answered.
in my lotto numbers. My numbers amounted to $13.00; 1 gave
The attached news article does not begin to
the man handling the number machine a $20.00 bill and
Identify the hardships and suffering, homeowners have
received $7.00 change back.
encountered by the operators of Saad Market and drug activity
The guy handling the lotto machine (tall, very dark complexion) designate a 'No Turn On Red," from Main onto Winspear; and
stated that I owed him $1.50 more. I asked him how could I designate Northrup for: 'No Through Traffic" and 'No Trucks".
owe him any more monies when my numbers came to $13.00 WINSPEAR SPEED:
and you (meaning him) gave me $7.00 change? All of a Since Winspear is one of the few streets in this area that runs
sudden, the tall, very dark complexion male came from behind East to West and has few signal lights and stop signs, the
the counter and went to the door and locked it. I then handed traffic is heavy and often many drivers are driving far above the
my numbers to another young Arab man so that he could count speed limit. Drivers especially accelerate between the
the amount of the numbers. Before this could take place, Parkridge light and Main Streetoften trying to make it through
another gentleman (he was also very dark complexion) came the green lights at either end. I have never seen nor heard of
from out of the back of the store and starting pushing me. I told anyone pulled over for speeding on Winspear, but on the
this man to keep his hands to himself. The situation escalated contrary have seen several accidents and had a car come right
out of control and I had to telephone the police. When the 911 through my front yard hedges, into my elderly neighbor's
operator answered, I told her of the lotto money dispute, about mid-sized car in her driveway, pushing it into her front porch
being locked in the establishment and being held against my and totaling it. This excessive speeding is also the reason the
will. She stated that she would dispatch a car to that location. dangerous situation is set up at the comer of Northrup and
The men in the store holding me tried to wrestle my phone from Winspear (as I mentioned above). By the time vehicles reach
out of my hands. In the process, my prescription Northrup from either Parkridge or Main, they are at top speed. I
designer-framed glasses were broken along with my cell strongly urged (along with many of the residents in the area)
phone. These glasses were valued at $325.00. 1 have a receipt that three-way stop signs should be placed at the intersection
for them. When the men in the of Northrup Place and Winspear Ave-like the stop signs at
store seen that the police had arrived, they then unlocked the Comstock and Winspear. Surely, if the Comstock/Winspear
door and I went out. intersection warrants the stop signs, the Northrup/Winpear
I tried to explain the situation to the police and they weren't intersection warrants them even more, considering that
interested in hearing me. Comstock is a one-way street, in the direction away from
The officers (one white, one black) went into the store and Winspear, with no traffic entering onto Winspear. Whereas,
came out stating that they had squashed the incident. When I Winspear has the two-way traffic, setting up a potentially more
complained, the officers told me that the storeowner could dangerous situation of merging traffic into the fast-moving
indeed lock me in and hold me there. I requested that I be given Winspear traffic from Northrup.
a warrant card because I had been assaulted. The black officer MAIN & WINSPEAR INTERSECTION:
refused to give me a warrant card. And finally, as we have been requesting for the past several
When I was speaking to other persons who witnessed the years, we need the "No Turn On Red" signs placed at the
incident, these officers made it a point to turn their car around intersection of Main Street and Winspear, in a place where
and park on the wrong side of the street to harass me. I drivers can see them: Up on the traffic signal line, next to the
was told to shut up, go home and stay there before they would signal light-one at each of the four comers. It has been
have to arrest me. I didn't say a word because I didn't want to established that a turn on red is not allowed, but presently the
get arrested for nothing. signs are either missing or they are placed before the
This same day I contacted the Community Voice Organization, intersection where drivers cannot readily see them. The 'No
Inc. to make an official complaint with them. A Mrs. Dianna Turn On Red" regulation is often enforced by the police; I know
Goodwin took my complaint. She stated that she would visit the of people receiving the tickets (often the drivers did not know
store and get their side of the story. that there was no turn on red, because the signs are so poorly
Mrs. Goodwin informed that she visited the store the very next placed). It is good that it is enforced, but the signs would be
day (3/25/03). She said that the owner (a short, balding Arab much more effective if they were up by the signals.
man) wanted a receipt for the amount of my broken glasses. I Thank you for your attention to these matters. We look forward
supplied her with the receipt dated 3/26/03 from Reznick to hearing about the actions that can be taken to remedy these
Optical. situations.
The above statement is true to the best of my memory: REFERRED TO THE COMMITTEE ON LEGISLATION AND
REFERRED TO THE COMMITTEE ON LEGISLATION THE COMMISSIONER OF PUBLIC WORKS PARKS AND
STREETS -AND THE COMMISSION-ER OF POLICE
NO. 57
R. FONTANA-N. WEAVER-REQ HOMESTEAD 1075 NO. 59
SENECA D. KOHNSTAMM REQ. REINSTATEMENT OF CULTURAL
Attached letter available for review in The City Clerk's Office GRANT IN AID
REFERRED TO THE COMMITTEE ON FINANCE AND THE Dear Honorable Members of the Buffalo Common Council,
DIRECTOR OF REAL ESTATE As a businessman working in the Western New York
community, I recognize the substantial efforts being exerted by
NO. 58 the City of Buffalo and its leadership to attract and retain
M. MILLIGAN-WWINSPEAR BLK CLUB-CONCERNS high-paying quality Jobs within the city. The Medical Corridor,
TRAFFIC WINSPEAR/NORTHRUP Bioinfornatics and cooperation with
Please file the enclosed correspondence for Tuesday, April residential developers within the downtown area are but three
29, 2003 Common Council Meeting. examples. However. all of this effort will be undermined if you
Thank you for your attention to this matter. do not recognize one of the key elements essential to attracting
Sincerely, tile kind of citizens you want to be living, shopping and paying
Dear Councilmember Grant: taxes within the Buffalo Community - Opportunities for
This is a letter to advocate making our neighborhood Exposure to the Cultural Arts and Entertainment!
(Winspear-Northrup) safer, in regard to the traffic in the area. I As a member of the Board of the Studio Arena Theatre and a
have lived in my home at 59 Winspear for five years and would supporter of the Buffalo Philharmonic and Albright Knox Art
like to relay to you the following observations and information Gallery, I implore you to reinstate at a minimum for 2004
we have been discussing extensively at our block club Cultural Funding, the line designated for cultural grant-in aid to
meetings. the City's budget to reflect the value of contracts rescinded in
NORTHRUP PLACE: 2001: $740,000.
Since I moved here, I have walked my dog at least two times It is a well known fact that Buffalo is home to one of the most
per day, around the "block" of Winspear/Main/Northrup. recognized and well respected arts communities in the nation,
Therefore, I see a lot of the activity and have noticed dramatic as evidenced by the outstanding press the arts receive in
changes in the traffic ever since the signal light was placed at newspapers and magazines across the country. It is also a fact
the intersection of Main Street and Northrup Place: The that the majority of our C0111MUllity'S most prized cultural
through traffic is significant heavier (including many delivery assets are located within the City limits. This provides a huge
trucks, which were rarely seen on the street in the past), the opportunity for growing revenue through the promotion of
speed of the vehicles has significantly increased, and the tourism into our community.
condition of the street and curbs has deteriorated at a greatly I am not immune to the woes of Buffalo and its fragile financial
increased rate (I did call the City's "Pothole Hotline" in the Fall, disposition and the tough decisions that must be made going
in response to a call I received from a long-time Northrup forward. But the decision to abdicate a primary responsibility to
resident regarding the pothole at the comer where you turn support culture altogether is not acceptable. I don't believe it is
from Main onto Northrup, but the hole has not been repaired). productive and helpful towards building a better tomorrow and
In addition, there is a potentially hazardous situation at the will, over time, actually be counter-productive and more costly
comer of Winspear and Nothrup: Vehicles attempting to pull to the City in lost revenue and growth.
out of Northrup Place onto Winspear have low visibility Men and women such as yourself who are in leadership
(especially when cars are parked on the South side of positions are entrusted with the responsibility of leading with
Winspear) and often have to accelerate quickly from Northrup vision. Clearly such vision will show you that this relatively small
into Winspear to avoid the oncoming Winpear traffic. allocation is one of the best long-term investments the City can
Something should be done about this situation. Suggestions make - complementing the great efforts you are currently
might be to: enforce and lower the speed limit on Northrup; making and producing future financial rewards with a return oil
investment far greater than any other allocation you could amount it has budgeted. the State (but not local governments)
authorize. has the right to postpone paying the difference between the
Sincerely, amount budgeted and the amount owed for up to two years,
REFERRED TO THE COMMITTEE OF THE WHOLE though it must pay interest on this "loan". The new plan
eliminates the delayed payment. Since the State will now have
No. 60 exact information about the exact amount of its contribution well
UPDATE ON FALSE ALARM PROPOSAL before the budget is passed, such a "loan" provision is no
As per your request, the following is an update regarding the longer necessary and all State payments to the Fund will be
status of the False Alarm paid on time.
Reduction Unit: Prior to developing my reform plan, I met with many
1.) Contract Proposal - AOT Public Safety has submitted a organizations, including the Retired Public Employees
contract proposal for the purchase of the CryWolf Software, Association, the Alliance of Public Retiree Organizations, the
integration of computer systems, training and etc. The cost of Civil Service Employees Association, the Public Employees
this contract proposal is a one-time cost of $82,000 and an Federation, the Organization of Management Confidential
annual fee of $7,900. This contract was sent to the City of Employees and the unions representing police and firefighters;
Buffalo's Law Department several and employer organizations, including the Association of
weeks ago for their review and approval. Towns, the Association of Counties, and the Conference of
2.) Revenue - Revenue projection's from the creation of the Mayors. Insights provided by these organizations played a
False Alarm Reduction Unit were requested by and submitted strategic role in the development of this plan.
to the Budget Office. Conservative projection's are $350,000 - It is my hope that the Legislature will promptly pass this
$400,000 additional annual revenue. This is in addition to the legislation, so that the uncertainty surrounding 2004 rates can
associated cost savings of eliminating approximately be resolved. My proposal has already been endorsed in its
3,000-5,000 false alarm responses by entirety by the Alliance of Public Retiree Organizations, the
Police and Fire in the first year. Retired Public Employee Association, the Public Employees
3.) Staffing - Attached, please find the Office of Licenses Federation, the Organization of Management Confidential
proposal for staffing the False Alarm Reduction Unit. It also Employees, the Police Conference of New York and the
addresses Council Member-At-Large Fisher's council Conference of Mayors.
resolution for the creation of a Division of Business Services. I encourage you to contact me if you have any questions,
The proposal calls for Salary Ordinance Amendments for three suggestions and/or concerns.
(3) Office of Licenses personnel who have REFERRRED TO THE COMMITTEE OF THE WHOLE
retired in or after August of 2002. Clerical position number
would address a clerical position for a very understaffed Office NO. 62
of Licenses, who with the present staffing level cannot perform S. HOYT- NYS DOL – FINE-BROADWAY GARAGE
all current day to day functions. The two (2) other clerical I was recently contacted by representatives of the City of
positions in the proposal would be designated for the False Buffalo regarding a fine imposed by the Public Employee
Alarm Reduction Unit. With the implementation of the CryWolf Safety and Health office.
software, the current alarm registration As I understand the situation, the City's Broadway Garage was
database is expected to double to 30,000 alarm registrations. inspected and numerous violations were found. After the final
AOT Public Safety has stated that alarm registration data base inspection on April 1, 2002 a total of $113,346.00 in fines were
must be kept current in order for the software to operate levied. I am told that the City has remedied all of the cited
effectively and that a minimum of two (2) to three (3) personnel violations, and that after discussion with Jerome Tracy and
is required to staff this False Alarm Reduction Unit. If all Diane Wallace Welmer of the Department of Labor's Counsel's
three-salary ordinance amendments were passed and the office, the Department of Labor agreed to reduce this fine to
positions filled this would result in an annual savings of half provided that the City expended the balance of the original
approximately $32,000 from the Office of Licenses Personnel fine amount on improving the hazard communication system
Budget of Fiscal Year 2002-03. If the proposal for the creation and the confined space programs. I
appreciate the
of the Division of Business Services was also implemented
Department's willingness to work with the City to compromise
along with the aforementioned salary ordinance amendments
on this matter.
as proposed, there would be annul savings f approximately
As you are aware, Buffalo is experiencing extreme budget
$17,000 based on the last fiscal year’s Office of Licenses
shortfalls, and is in dire financial condition. As such, the
Personnel Budget.
payment of this fine represents a hardship that will have a
This staffing proposal has been submitted to the Budget Office
negative impact on the City's ability to meet other budgetary
and a salary ordinance amendment for positions one and two in
obligations. City officials have requested a full waiver of the
the proposal were also submitted, it is my understanding that
entire fine, and recognizing the need to comply with Public
as of this date there has been no action taken on the salary
Employee Safety and Health guidelines, remain committed to
ordinance amendments. I can be available to address any
spending half the total value of the fine on the above mentioned
other questions and/or concerns with regards the status of this
improvements. I believe that this proposal achieves the
proposal should you feel the need.
Department of Labor's objectives while relieving the City of an
REFERRED TO THE COMMITTEE OF THE WHOLE
undue financial burden. I fully support this waiver request, and
respectfully request that you do so as well.
NO. 61
Should you have any questions regarding this matter, please e
INCRESING PENSION FUND CONTRIBUTIONS
do not hesitate to contact me. I look forward
Thank you for your recent letter expressing your concerns
to hearing from you.
with increasing Pension Fund
REFERRED TO THE COMMITTEE ON FINANCE, THE
Recent volatility in the stock market has exposed structural
COMMISSIONER 0F PUBLIC WORKS AND THE
problems in the way the New York State Common Retirement
COMMISSIONER OF ADMINISTRATION AND FINANCE
Fund collects payments from employers. To combat these
problems, I developed a plan that will strengthen the long-term
NO. 63
health of the Fund and make annual employer contributions
CONCERNS – DELI STORE
much more predictable by realigning the Retirement Systems'
Thank you for the opportunity to represent The Commission
billing cycle with local governments' budget cycles.
on Citizen's Rights and Community Relations. While it is
My plan takes a 3-step approach that improves the Fund's long
necessary to say first, that there is a need to try and protect the
term operations. protects member benefits, and substantially
rights of all citizens, it is just as necessary to speak out against
reduces fluctuations in employer payments to the Fund while
the necessary evils that seek to destroy the human being,
offering maximum protection to retirees and members of the
especially when there are certain weaknesses and conditions
Fund. More specifically my comprehensive reform package:
that allow the predators of evil to seek easy prey.
Requires employers to make minimum annual
It is also necessary to remind all residents and leaders
contributions of 4.5 percent of payroll, including years in
that we each have a role to perform in protecting our
which strong investment performance of the fund would make a
communities and all residents from the horrid rape and
lower contribution possible. This will help strengthen the fund
devastations that continue to erode us as a people and as
by increasing assets and reducing volatility of employer
a city.
contributions in future years.
While there have been significant abuses of human life due to
Changes the cycle of billing to match employers' budget
illegal trade: as drugs, paraphernalia, guns and issues of
cycles. Currently, government employers' bills are based on
physical and verbal abuses done in and outside of Deli Stores
the Fund's value as of April 1. Under the new system, the
owned and maintained by many from Eastern Countries, let us
contribution for a given fiscal year will be based on the value of
be aware and just as cautious in our accusations, that they are
the pension fund on the prior April 1. As a result, payments
not the only ones that are contributing to these disgraceful
would remain the same in FY 2004 as they were in FY 2003,
issues. We, as adults and caring citizens must be aware of our
except that, because the FY 2003 payments were very low, the
contributing roles as consumers of the illegal goods as well as
4.5 percent minimum would now apply.
those questionable food products that are less than fit for the
Requires State payments in the current fiscal year. Under
consumption for our families.
current law, if the amount the State owes is greater than the
But we are concern-,with the abuse of women and children that NO. 73
has been an issue for a number of years. The issues that we Appt.-Fire Lieutenant (Perm Cont) (Max) (Fire)
are dealing with today, we want penalties and the same (CCP#35-Apr. 15, 03)
punishment straight across the board in order that we may That the above item be and the same hereby is received and
protect the rights of all citizens and begin the clean up in those filed.
communities that are hidden havens for crime and decadence. ADOPTED
Let there be no difference made for those of any race that
choose to live and earn monies outside of the law and NO. 74
have no concern for the public safety of the young, old, Appt.-Fire Captain (Perm) (Max) (Fire)
and disadvantage. (CCP#36-Apr. 15, 03)
Immediate closing, fines, and expulsion, permanently from the That the above item be and the same hereby is received and
area and prohibiting of any licenses forever. filed.
REFERRED TO THE COMMITTEE ON LEGISLATION ADOPTED
NO. 64 No. 75
P. SOLE-LIST OF LICENSES EXPIRING FROM 4/01/04 TO Appt.-Fire Captain (Perm Cont) (Max) (Fire)
04/30/04 (CCP#37-Apr. 15, 03)
Attached Available for review in The City Clerk's Office That the above item be and the same hereby is received and
REFERRED TO THE COMWTTEE ON LEGISLATION filed.
ADOPTED
PETITION'S
No. 76
NO. 65 Appt.-Secy. To Comm. of Human Resources (HR)
GLEN FERB)", AGENT, USE 28 MONTCLAIR FOR A (CCP#41 -Apr. 15, 03)
BEAUTY PARLOR (HRG. 5/6) That the above item be and the same hereby is received and
REFERRED TO THE COMMITTEE ON LEGISLATION, filed.
DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING ADOPTED
BOARD AND CORPORATION COUNSEL.
No. 77
NO. 66 Notices of Appt – Temp/Prov/Perm (C CLk)
PAUL A. STRADA, AGENT, USE 416 PEARL STREET AKA (ccp # 47 Apr 15,2003 )
414-418 PEARL That the above item be and the same hereby is received and
FOR ENCROACHMENT/PROJECTING SIGN TO FRONT filed.
FM~ADE OF BAR/RESTAURANT. (HRG. 5/6) ADOPTED
REFERRED TO THE COMMITTEE ON LEGISLATION,
DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING No. 78
BOARD AND CORPORATION COUNSEL. Memorandum of Agreement - Buffalo Building Trade
Inspectors
NO. 67 Local 2615, AFSCME, AFL-CIO
M. MOSCATI, AGENT, USE 807 ELMWOOD-FOOD CO-OP, (Item No. 40, C.C.P., Apr. 15, 2003)
RESTAURANT; TAKE OUT. (HRG. 5/6) That the Memorandum of Agreement between the City of
REFERRED TO THE COMMITTEE ON LEGISLATION, Buffalo and the Buffalo Building Trade Inspectors, Local 265
DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING 1, representing 69 employees, for the contract period July 1,
BOARD AND CORPORATION COUNSEL. 2001 through June 30, 2004; effective February 26, 2003, be
and hereby is approved and ratified.
Passed.
AYES - 13 - NOES - 0
NO. 68
V. SEMERARO, AGENT, USE 1292 HERTEL AKA 1296
NO. 79
HERTEL FOR CATERIG AND A PASTRY SHOP (HRG. 5/6)
Difference in Salary - J. Lysarz
(Item No. 32, C.C.P., Apr. 15, 2003)
REFERRED TO THE COMMITTEE ON LEGISLATION,
That the above item be, and the same hereby is returned to the
DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING
Common Council without recommendation.
BOARD ND CORPORATION COUNSEL.
Mr. Coppola Moved:
That the Comptroller be, and he hereby is authorized to pay
Regular Committees
Joseph Lysarz, Cellblock Attendant in the Department of Police
for difference in pay allowance under the provisions of the
Civil Service
Workers' Compensation Law from 2/10/03 to the present for a
(Marc A. Coppola, Chairperson)
period not to exceed six (6) months.
Passed.
No. 69
AYES - 13 - NOES - 0
Appt.-Computer Shift Supv. (Max) (MIS)
(CCP#16-Apr. 15,03)
Finance
That the above item be and the same hereby is received and
(Betty Jean Grant, Chairperson)
filed.
ADOPTED
No. 80
Contract Personnel-Employees or Independent
No. 70
Contractor (Compt)
Appt.-Deputy Director of Telecommunications (Max) (PW)
(CCP#5-Dec. 10, 02)
(CCP#30-Apr. 15, 03)
That the above item be and the same hereby is referred to the
That the above item be and the same hereby is received and
Committee on Community Development.
filed.
ADOPTED
ADOPTED
No. 71
No. 81
Appointment
J. Maher - Bflo. Hearing & Speech Ctr. - Req. Waiver -
Motor Equip. Maint. Supv. I (inter) (PW)
"Load Zone"
(Item No. 3 1 -C.C.P. Apr. 15, 2003)
50 E. North Street
That Communication 3 1, Apr. 15, 2003 be received and filed
(Item No. 14, C.C.P., Apr. 15, 2003)
and the permanent promotion of Michael Tronolone stated
That the above item be, and the same hereby is returned to the
above at the intermediate salary of $33,094 effective on April
Common Council without recommendation.
1, 2003 is hereby approved.
Mrs. Grant Moved:
PASSED
That the Buffalo Hearing & Speech Center be granted a waiver
AYES - 13 - NOES - 0
of a fee for a "load zone" at 50 E. North Street.
AYES – COPPOLA, DAVIS, FISHER, FONTANA,
NO. 72
FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO,
Appt.-Fire Lieutenant (Perm) (Max) (Fire)
MARTINO, PITTS AND THOMPSON – 12
(CCP#34-Apr. 15, 03)
NOES – BONIFACIO – 1
That the above item be and the same hereby is received and
Passed
filed.
AYES - 12 - NOES - 1
ADOPTED
No. 82
Permission to Hire Consultant - Fire Department -
NO. 90
Buildings Condition Survey
Thomas H. Caley, Jr., Petition to Use 70 Eastwood -
(Item No. 27, C.C.P., Apr. 15, 2003)
Exterior and
That the above item be, and the same hereby is returned to the
Interior Improvements Canisius College
Common Council without recommendation.
(Item No. 69, C.C.P., Apr. 15, 2003)
Mrs. Grant Moved:
That after the public hearing before the Committee on
That the Commissioner of Public Works, Parks and Streets be,
Legislation on April 22, 2003, the petition of Thomas H. Caley,
and he hereby is authorized to retain a consultant to do a
Jr., agent, for permission to use 70 Eastwood for exterior and
Condition Survey of Fire Department Buildings. Funds for this
interior improvements by Canisius College be, and hereby is
project are available in Division of Buildings Account
approved subject to the approval of the Buffalo Preservation
36322206.
Board.
AYES – BONIFACIO, COPPOLA, DAVIS, FISHER,
Passed.
FONTANA, FRANCZYK, GOLOMBEK, GRANT, GRAY,
AYES - 13 - NOES - 0
LOTEMPIO, MARTINO, AND THOMPSON – 12
NOES – PITTS – 1
NO. 91
Passed.
K. Krauss, Petition to use 197 Allen a/k/a 100 Elmwood -
AYES - 12 - NOES - 1
Take-out Restaurant
(Item No. 92, C.C.P., Apr. 1, 2003)
NO. 83
(Item No. 103, C.C.P., Apr. 15, 2003)
J. Williams-Niagara Mohawk-Audit of Utility Bills for COB
That the above item be, and the same hereby is, returned to
(CCP#65-Apr. 15, 03)
the Common Council without recommendation.
That the above item be and the same hereby is received and
Mr. Fontana Moved:
filed.
That after the public hearing before the Committee on
ADOPTED
Legislation on April 8, 2003, the petition of K. Krauss, agent, for
permission to use 197 Allen Street a/k/a 100 Elmwood Avenue
NO. 84
for a take-out restaurant be, and hereby is approved.
J. McDuffie - Req. Closure of Sale - 241 Cedar Street (B.
Passed.
Davis)
AYES - 13 - NOES - 0
(Item No. 64, C.C.P., Oct. 15, 2002)
(Item No. 99, C.C.P., Apr. 15, 2003)
No. 92
That the above item be, and the same hereby is returned to the
J. Parrish, Petition to use 257 Virginia Street - Human
Common Council without recommendation.
Service Facility
Mrs. Grant Moved:
(Item No. 83, C.C.P., Mar. 18, 2003)
That the above mentioned item be and the same is hereby
(Item No. 119, C.C.P., Mar. 18, 2003)
referred to the Committee on Claims.
That the above item be, and the same hereby is, returned to
Adopted.
the Common Council without recommendation.
Mr. Fontana Moved: that the above item be recommitted to the
No. 85
Committee on Legislation
Closure of Sale - 241 Cedar Street (Strat. Plan.)
ADOPTED
(Item No. 6, C.C.P., Nov. 12, 2002)
(Item No. 100, C.C.P., Apr. 15, 2003)
NO. 93
That the above item be, and the same hereby is returned to the
Sidewalk Cafe - 391 Washington Street
Common Council without recommendation.
(Item No. 29, C.C.P., Apr. 15, 2003)
Mrs. Grant Moved:
That the Commissioner of Public Works, Parks and Streets
That the above mentioned item be and the same is hereby
be, and he hereby is authorized to issue a "mere license" to
referred to the Committee on Claims
John Matteliano, owner of the Lafayette Tap Room, located at
Adopted.
391 Washington Street, to install a sidewalk cafe, which would
encroach city right-of-way at said address, subject to the
No. 86
following conditions:
Comments Sale - 241 Cedar Street
I . That the applicant obtains any and all other City of Buffalo
(Item No. 63, C.C.P., Feb. 18, 2003)
permits
(Item No. 10 1, C.C.P., Apr. 15, 2003)
necessary for said installation.
That the above item be, and the same hereby is returned to the
2. That the sidewalk cafe be installed exactly as shown on
Common Council without recommendation.
plans submitted to and approved by the Department of Permit
Mrs. Grant Moved:
and Inspection Services.
That the above mentioned item be and the same is hereby
3. That the sidewalk cafe does not exceed sixty-one feet (6 V)
referred to the Committee on Claims
in length or extend more than seven and one-half feet (7 1/2')
Adopted.
from the building face.
4. That no portion of the sidewalk cafe be permanent in nature
Legislation
or
(Richard A. Fontana, Chairman)
permanently affixed to the main building or public sidewalk.
No. 87 5. That the sidewalk cafe be completely removed from City
Oscar Smukler, Petition to Use 1472 Hertel Avenue - right-of-way from November 15 to April I each year.
Take-out Restaurant 6. That the applicant be assessed the annual fee of one dollar
(Item No. 66, C.C.P., Apr. 15, 2003) and thirty cents ($ 1.30) per square foot of City right-of-way
That after the public hearing before the Committee on occupied by said sidewalk cafe as described in Chapter 413,
Legislation on April 22, 2003, the petition of Oscar Smukler, Article IX, Section 59 (Sidewalk Cafes) of the City Ordinances.
agent, for permission to use 1472 Hertel Avenue for a 7. That the applicant supply the Department of Public Works,
take-out restaurant be, and hereby is approved. Parks and Streets with a five thousand dollar ($5,000.00)
Passed. construction in street bond or certificate of insurance which will
AYES - 13 - NOES - 0 indemnify and save harmless the City of Buffalo against any
and all loss or damage arising out of the construction,
No. 88 maintenance, use and removal of said sidewalk cafe.
C. Brouk, Petition to Rezone 120-156 Elmwood Avenue 8. That there is no outside music on the sidewalk caf6.
(Item No. 67, C.C.P., Apr. 15, 2003) 9. That there is no outside trash receptacles on the sidewalk
That the above item be, and the same hereby is returned to caf6.
the Common Council without recommendation. 10. That the sidewalk caf6 closes at 11:00 p.m. weekdays and
Mr. Fontana moved that the above item be recommitted to the at 1:00 a.m. weekends.
Committee on Legislation Passed.
ADOPTED AYES - 13 - NOES - 0
NO. 89
NO. 94
D. Genovese, Petition to Use 1121 Elmwood Avenue -
Appeal for Early Payment of Property Taxes
Take-out Restaurant
(Item No. 220, C.C.P., Apr. 15, 2003)
(Item No. 68, C.C.P., Apr. 15, 2003)
That this Honorable Body appeals to those property owners
That after the public hearing before the Committee on
of the City of Buffalo that have the ability to pay their property
Legislation on April 22, 2003, the petition of David Genovese,
taxes in full to do so in order to reduce the size of the RAN
owner, for permission to use 1121 Elmwood Avenue for a
issue for the year. This action would lower the amount of
take-out restaurant be, and hereby is approved.
interest that would have to be paid by the City of Buffalo.
Passed.
Adopted.
AYES - 13 - NOES - 0
NO. 95 67 Englewood (Pol)
(CCP#33-Apr. 15, 03)
A. Thompson-NFTA Intermodal Transportation Facility
Mr. Fontana moved that the above item be recommitted to
(CCP#89-Apr. 1, 03)
the Committee on Legislation
That the above item be and the same hereby is received and
ADOPTED
filed.
ADOPTED
NO. 104
P. Paul-Relocation of Gas Meters in COB
NO. 96
(CCP#56-Apr. 15, 2003)
Fin. Env. Assess.-Main St. Multi-Modal Access./Revital.
Mr. Fontana moved that the above item be recommitted to
Proj. (PW)
the Committee on Legislation
(CCP#33-Feb. 18, 03)
ADOPTED
That the above item be and the same hereby is received
and filed.
No. 105
ADOPTED
Trailblazer signs
Item no. 70 ccp April 15, 2003
NO. 97
Mrs. LoTempio moved that the Common Council does
SEQR Declaration-Main St. – Multi-Modal Access/Revital.
hereby authorize the Commissioner of Public Works, Parks
Proj. (PW)
and Streets to install trailblazer signs on the section of
(CCP#38 – Feb. 18, 2003)
East-Utica Street between Wohlers and Humboldt Parkway,
That the above item be and the same hereby is received
reading "Rev. Dr. Ivery Daniels Way. PASSED
and filed.
AYES - 13 NOES - 0
ADOPTED
Community Development
NO. 98
(Antoine M. Thompson, Chairman)
Restaurant Dancing Class III - 884 Main Street
(Item No. 39, C.C.P., Apr. 15, 2003)
No. 106
That pursuant to Chapter 150 of the City Code, the
LDA-Spotless Fac. Svs., LLC-New Bflo, Ind. Pk. (Hrg. 4/29)
Commissioner of Permit & Inspection Services be, and he
(Item No. 215 C. C.P., April 15. 2003)
hereby is authorized to grant a Restaurant Dancing Class III
That the above item be and the same returned to the Common
license to Julia Greenwood d/b/a Roxy's Greenroom, located at
Council without recommendation.
884 Main Street.
Mr. Thompson
Passed.
RECOMMENDED BY THE COMMITTEE ON COMMUNITY
AYES - 13 - NOES - 0
DEVELOPMENT
A public hearing has been set. before the Common Council- at this
No. 99
regularly scheduled meeting. on the above item, and a Notice of same
Notification Serials #9601-02 (PW)
has been published in the Buffalo News, a copy of which is attached
(CCP#17-Apr. 15,03)
hereto.
That the above item be and the same hereby is received and
On a motion by Mrs. LoTempio- seconded by Mrs. Martino the item
filed.
is properly before the Common Council, and the hearing is opened.
ADOPTED
CARRIED.
Appearances – MaryAnn Demarco, BURA Paul Van Beau, Spotless
No. 100
Facility
Est Speed Zones Around Schools Located in COB (Bd
Mrs. LoTempio now moved that tbe hearing be closed. Seconded by
Ed) (Budget)
Mr. Thompson
(CCP#136-Jan. 21, 03)
CARRIED.
That the above item be and the same hereby is received and
Land Disposition Agreement - Spotless Facility Services
filed.
LLC,New Buffalo Industrial Park
ADOPTED
(Item No.215, CCP Apr. 15, 2003)
Mrs. Lo Tempio Moved:
That Spotless Facility Services, LLC and/or other legal entity to be
No. 101
formed was duly designated as qualified and eligible Redeveloper by
72-76 Pearl Street - Encroach Elevated Walkway
the Buffalo Urban Renewal Agency, is hereby approved as the
(Item No. 24, C.C.P., Apr. 15, 2003)
Redeveloper for 160 James E. Casey Drive in the New Buffalo
That the Commissioner of Public Works, Parks and Streets
Industrial Park; and
be, and he hereby is authorized to issue a "mere license" to
That the Mayor, the Chairman, Vice-Chairman, or any officer of the
Drew J. Gedra and Earl A. Ketry, owners of the Pearl Street
Buffalo Urban Renewal Agency is hereby authorized to execute any
Grill and Brewery, located at 72-76 Pearl Street, to install an
and all deeds or other documents necessary to convey land described
elevated walkway, which would encroach city right-of-way at
in the proposed "Land Disposition Agreement" to Spotless Facility
said address, subject to the following conditions:
Services, LLC and/or legal entity to be formed in accordance with the
I . That the applicant obtains any and all other City of Buffalo
terms of said Agreement and for the consideration recited therein.
permits
Passed.
necessary for said installation.
AYES - 13 - NOES - 0
2. That the elevated walkway be installed exactly as shown on
plans
No. 107
submitted to and approved by the Department of Permit and
Land Disposition Agreement - Spotless Facility Services
Inspection Services.
LLC New Buffalo Industrial Park (Strat. Pl.)
3. That the applicant be responsible for maintenance of the
(Item No. 4, C.C.P., Apr. 15, 2003)
walkway as long as it remains within City of Buffalo
That the above item be, and the same hereby is returned to
right-of-way.
the Common Council without recommendation.
4. That, in the event that the Commissioner of Public Works,
Mr. Thompson Moved:
Parks and Streets determines the encroachment must cease
That the above mentioned item be and the same is hereby received
as a result of factors effecting health, safety and welfare of the
and filed.
public, or the needs of the City of Buffalo, said Commissioner
Adopted.
may order the immediate removal of the encroachment as
described in Chapter 413-67(F) of the City of Buffalo
No. 108
Ordinances.
Lease Modification ExcellIus Health Plan, Inc. (Hrg. 4/29)
5. That the applicant supply the Department of Public Works,
C.C.P., April 15, 2003
Parks and Streets with a certificate of insurance which will
That the above item be and the same is returned to the
indemnify and save harmless the City of Buffalo against any
Common Council without recommendation.
and all loss and damage arising out of the construction,
Mr. Thompson
maintenance, use and removal of said elevated walkway.
RECOMMENDED BY THE COMMITTEE ON COMMUNITY
Passed.
DEVELOPMENT.
AYES - 13 - NOES - 0
A public hearing has been set, before the Common Council,
at this regularly scheduled meeting, on the above item, and a
NO. 102
Notice of same has been published in the Buffalo News, a copy
Contracts - Edward M. Cotter fireboat and Huntington
of which is attached
Cleveland Harborfest 2003
hereto.
(Item No. 55, C.C.P., Apr. 15, 2003)
On a motion by Mrs. LoTempio, seconded by Mr. Fisher the
Mr. Fontana moved that the above item be recommitted to
item is properly before the Common
the Committee on Legislation
Council, and the hearing is opened.
ADOPTED
CARRIED.
Appearances – Richard Staton, BURA, Lawrence Quinn
NO. 103
George Sedita, Hauptman Woodward
Mrs. LoTempio now moved that the hearing be closed. A public hearing has been set before the Common Council at
Seconded by Mr. Davis this regularly scheduled meeting- on the above item and a
CARRIED. Notice of same has been published in the Buffalo News, a copy
Lease Modification Excellus Health Plan of which is attached
Item No. 208, C.C.P., Apr. 15, 2003 hereto.
That the above item be, and the same hereby is returned to the On a motion by Mrs. LoTempio. seconded by Mr. Davis the
Common Council without recommendation. item is properly before, the Common Council and the
Mrs. LoTempio Moved: hearing is opened.
That Excellus Health Plan, Inc. and/or other legal entity to be CARRIED.
formed was duly designated as qualified and eligible Appearances -
Redeveloper by the Buffalo Urban Renewal Agency, is hereby John Riccine, Robert Kresse, Attorney for Righteous Babe
approved as the Redeveloper; andRecords, Richard Stanton, Bura Attorney, Scott Fisher,
That the Mayor, the Chairman, Vice-Chairman, or any officer of President of Righteous Babe Records, Jesse Schnell, Project
the Buffalo Urban Renewal Agency is hereby authorized to Manager, Righteous Babe Records, Charles Sandler,
execute any and all deeds or other documents necessary to Preservation Coalition, Reverend Cameron Miller, Director
convey land described in the proposed "Lease Modification" to Trinity School Church
Excellus Health Plan and/or legal entity to be formed in Mrs. LoTempio now moved that the hearing be closed.
accordance with the terms of said Agreement and for the Seconded by Mr. Davis
consideration recited therein. CARRIED
Passed. Mrs. LoTempio moved:
AYES - 13 - NOES - 0 That Righteous Babe Records, Inc., and/or other legal entity to
NO. 109 be formed was duly designated as qualified and eligible
EASE MODIFICATION EXCELLUS HEALTH PLAN - 853 Redeveloper by the Buffalo Urban Renewal Agency, is hereby
WASHINGTON (STRAT. PL.) approved as the Redeveloper for 339-341 Delaware Avenue
(ITEM NO. 5, C.C.P., APR. 15, 2003) and 335 Delaware Avenue; and
That the above item be, and the same hereby is returned to That the Mayor, the Chairman, Vice-Chairman, or any officer of
the Common Council without recommendation. the Buffalo Urban Renewal Agency is hereby authorized to
Mr. Thompson moved: execute any and all deeds or other documents necessary to a).
That the above mentioned item be and the same is hereby convey land described in the proposed "Land Disposition
received and filed. Agreement" to Righteous Babe Records, Inc., as Agent for an
ADOPTED LP to be formed and/or other legal entity to be formed in
accordance with the terms of said Agreement and for the
NO. 110 consideration recited therein. b). provide all agreed project
LDA-PORTION OF 853 WASHINGTON-HAUPTINAN financing including: i.) guarantees ii.) redirection of PILOT
WOODWARD, REDCV. (HTG. 4/29) payments iii) funding of debt services and iv) payments under
(ITEM NO. 210 C.C.P., APRIL 15, 2003) the facade agreement.
That the above item be and the same is returned to the That the LDA agreement will reflect the following amendment.
Common Council without recommendation. (see attached)
RECOMMIENTI)ED BY THE COMMITTEE ON 1 . Delete Part 11 of the LDA and all references to part 11
CONR4UNTTY DEVELOPMENT contained in Part I of the LDA
A public hearing has been set. before the Common Council. at 2. Section 2 B(ii)
this regularly scheduled meeting. on the above item, and a Delete : ... the first one million dollars (1,000,000.00)of net
Notice of same has been published in the Buffalo News, a copy proceeds thereof shall be distributed to Redeveloper
of which is attached hereto. Replace with: the first one million dollars(1,000,000.00) of net
On a motion by Mrs. LoTempio, seconded by Ms. Grant proceeds thereof plus a reasonable return
Council. and the hearing is opened. on equity( amount to be determined) shall be distributed to
CARRIED. redeveloper...
Appearances 3.) Section 4
Richard Stanton, Bura Attny Delete: and any other non-residential purposes...
Lawrence Quinn Replace with and any other uses
George Sedita, Hauptman Woodward Permitted by federal/state and local law
Mrs. LoTempio now moved that the hearing be closed. 4.) On "exhibit 2" in the column fabled "years 21-30"
Seconded by Mrs. Martino delete line 14 "Rent", no rent will be due in years 21-30 if the
CARRIED. permanent mortgage has been paid in full.
Mrs. LoTempio moved: 5.) This deal was structured as a 30 year deal and we
That Hauptman Woodward Medical Research Institute and/or are seeking approval for up to 30 years but BURA reserves the
other legal entity to be formed was duly designated as qualified right to structure this as a 20 year deal.
and eligible Redeveloper by the Buffalo Urban Renewal That these documents be brought back to the Common
Agency, is hereby approved as the Redeveloper for a portion of Council for review after the approval by Erie County Industrial
853 Washington Street in the Oak Street Redevelopment Development Agency and Erie County
Project NYR- 197; and PASSED
That the Mayor, the Chairman, Vice-Chairman, or any officer of AYES –BONIFACIO, COPPOLA, DAVIS, FISHER,
the Buffalo Urban Renewal Agency is hereby authorized to FRANCZYK, GOLOMBEK, GRANT, GRAY, LOTEMPIO,
execute any and all deeds or other documents necessary to MARTINO, PITTS, THOMPSON - 12 NOES – FONTANA -
convey land described in the proposed "Land Disposition 1
Agreement" to Hauptman Woodward Medical Research
Institute, as Agent for a LLC to be formed and/or legal entity to NO. 113
be formed in accordance with the terms of said Agreement and ASBURY DELAWARE REDEVELOPMENT PROJECT -
for the consideration recited therein. 339-341 DELAWARE AVENUE
PASSED SALE OF LAND (STRAT. PL.)
AYES - 13 NOES - 0 (ITEM NO. 8, C.C.P., APR. 15, 2003)
That the above item be, and the same hereby is returned to
NO. 111 the Common Council without recommendation.
OAK STREET REDEVELOPMENT PROJECT NYR - 197 - Mr. Thompson moved:
SALE OF LAND - That the above mentioned item be and the same is hereby
PORTION OF 853 WASHINGTON received and filed.
(ITEM NO. 6, C.C.P., APR. 15, 2003) ADOPTED
That the above item be, and the same hereby is returned to
the Common Council without recommendation. NO. 114
Mr. Thompson moved: LAND DISPOSITION AGREEMENT - 853 WASHINGTON,
That the above mentioned item be and the same is hereby PORTION OF (STRAT. PL.)
received and filed. (ITEM NO. 2 1, C. C. P., JULY 9, 2 002)
ADOPTED (ITEM NO. 13 5, C.C.P., NOV. 26, 2002)
That the above item be, and the same hereby is returned to
NO. 112 the Common Council without recommendation.
LDA-339-341 DELAWARE AVE.-335 DELAWARE AVE. Mr. Thompson moved:
-RIGHTEOUS BABE RECORDS. INC. (HRG. 4/29) That the above mentioned item be and the same is hereby
(ITEM NO. 212-C.C.P., APRIL 15. 2003) received and 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. 115
DEVELOPMENT
J. MADDEN-NYSDOT-REVIEW OF ENV. ASSESS FORM Whereas: To celebrate the event, they would like permission to
BULK MATERIAL TRANSFER temporarily hang a banner on the two light poles near the
(CCP-935-JAN. 7,03) theatre; and
That the above item be and the same hereby is received and Whereas: One of the banners would be in the Northwest comer
filed. of the intersections of North Johnson Park and South Elmwood
ADOPTED Avenue; and
Whereas: The other banner would be in the Northwest comer
RESOLUTIONS of the intersection of South Johnson Park and South Elmwood;
NO. 116 Now, Therefore, Be It Resolved:
BY: MR. COPPOLA That The Buffalo Ensemble Theatre be granted permission to
ORDINANCE AMENDMENT hang a street banner in the Northwest comer of the
CHAPTER 175 - FEES intersections of North Johnson Park and South Elmwood
The Common Council of the City of Buffalo does hereby Avenue and in the Northwest comer of the intersection of South
ordain as follows: Johnson Park and South Elmwood from April 24 through May
That Chapter 175 of the Code of the City of Buffalo be 18, 2003; and
amended to read as follows: Be It Finally Resolved:
Chapter 361, Records That the City of Buffalo hereby permit The Buffalo Ensemble
§ 361-20, copies of public records Theatre to hang banners on these two locations in accordance
Copy with all conditions, restrictions, and requirements as set forth
Per page $0.25 by the City of Buffalo and the Department of Public Works,
Where cost exceeds SO.25 per page Actual cost Parks and Streets.
thereof PASSED
Certifying as to correctness or authenticity $1.00 AYES - 13 NOES - 0
Aerial photos $10.00
Maps $1.00 NO. 119
Map certification $10.00 BY: MR. FISHER
Prints per sheet $5.00 REQUIRE AUCTION OF CITY-OWNED WATERFRONT
CDR (650 Mb) with aerial image $15.00 PROPERTIES WHEN THEY ARE SOLD
Each additional aerial image until Whereas: Recent sales of city-owned properties near the
CDR capacity is full $10.00 Buffalo River in the Kaisertown neighborhood have raised
It is hereby certified, pursuant to Section 3-19 of the Charter, numerous questions; and
that the immediate passage of the foregoing ordinance is Whereas: Among the most serious is the possibility that
necessary. favoritism may have been involved in awarding these choice
APPROVED AS TO FORM properties to city-employees in a private sale, at prices that
Corporation Counsel some have alleged to be lower than the market price; and
NOTE: Matter underlined is new. Whereas: While no evidence has been submitted that proves
REFERRED TO THE COMMITTEE ON LEGISLATION favoritism, the City of Buffalo's approach needs to be further
refined, so the City is insulated from suspicion and the public
NO. 117 has full confidence in the integrity of the City's process; and
BY: MR. DAVIS Whereas: This is particularly true for waterfront properties,
SELL VACANT LOT (231 TRENTON) TO PRIMERA whose values are subject to a great deal of subjectivity; and
UNITED METHODIST CHURCH (LA PRIMERA IGLESIA Whereas: In addition, this Council is particularly interested in
METODISTA UNIDA) maintaining public access when City-owned property is sold,
Whereas: The Primera United Methodist Church was founded and urges the Office of Strategic Planning to quickly file its
in 1982 in the living room of a present member of the church; long-awaited response to Item # 150, C.C.P.- January 21,
and 2002, - "Request Ordinance Amendment to Retain Public
Whereas: The Primera United Methodist Church after years of Access on Waterfront Properties Sold by the City of Buffalo";
renting space at different locations, was given a vision by Now, Therefore, Be It Resolved That:
God to build a brand new facility in the Hispanic neighborhood; This Common Council requests the Office of Strategic
and Planning to file a suitable policy or ordinance amendment that
Whereas: The intentions of the church to build in a would, at the least, require that any properties within 500 feet of
neighborhood, riddled with crime, abuse, and dilapidated a surface water body in the City of Buffalo be sold only through
housing (when so many others have left the city) was a public auction process; and
so that we can raise the economic, educational, social and Be It Further Resolved That:
spiritual level of the residents who live in this economically This Common Council requests the Office of Strategic
depressed area of Buffalo, New York; and Planning to file a response indicating why such a process
Whereas: The Primera United Methodist Church official should not be applied to the sale of any City of Buffalo property
opening of its new church building located at 62 Virginia Street regardless of its proximity to the waterfront.
on the comer of Virginia and Trenton was October 7, 2001, a REFERRED TO THE COMMITTEE OF THE WHOLE
service of Inauguration and Dedication was held and was
attended by more than 1,000 people; and NO. 120
Whereas: The Primera United Methodist Church goal is to BY: MRS. LOTEMPIO
provide the community with a safe place to worship and REQUESTING AN EQUITABLE AND DEDICATED
congregate; and SHARE OF THE
Whereas: The Primera United Methodist Church has a growing NEW YORK STATE WIRELESS SURCHARGE
congregation and is in great need of additional parking spaces; Whereas: In 2002 estimates of revenues generated by the
and State Wireless Service Surcharge projected approximately $60
Whereas: The Primera United Methodist Church is willing to million; and
pay a nominal fee to purchase the vacant lot located at 231 Whereas: In 2002-03 New York State will distribute $20 million
Trenton Street across the street from the church; from the State Wireless Service Surcharge which is 33%
Now, Therefore, Be It Resolved: of the total surcharge collected annually; and
That the Common Council of the City of Buffalo request that Whereas: That amount will be reduced to $10 million for state
John Hannon, Director of Real Estate meet with The Primera fiscal years 2003-04 and 2004-05; and
United Methodist Church to sell 231 Trenton Street for $500.00 Whereas: The current legislation only authorizes distribution of
(five hundred dollars), and report back to this Council the these funds through 2005;and
results of the negotiation; and Whereas: In 2002 New York State raised the wireless service
Be It Finally Resolved: surcharge to $1.20 on all wireless telephones with the intent of
The Division of Real Estate files the requested report by 2pm, improving public safety communications throughout New York
Thursday, May 2, 2003. State; and
Brian C. Davis Whereas: This increase will result in a 70% increase in
REFERRED TO THE COMMITTEE ON FINANCE AND THE wireless surcharge revenues amounting to over $100 million
DIRECTOR OF REAL ESTATE. annually.
Now Therefore, Be It Resolved: That the ten Western New
NO. 118 York counties (Allegany, Cattaraugus, Chautauqua, Erie,
BY: MR. DAVIS Genesee, Livingston, Monroe, Niagara, Orleans and Wyoming)
THE BUFFALO ENSEMBLE THEATRE PERMISSION TO that comprise the Eastern Region Public Safety
HANG STREET BANNER Communications Alliance and their cities, towns and villages
Whereas: The Buffalo Ensemble Theatre located at 95 North included herein, call upon New York State and our
Johnson Park will be having a play called "Marty" running from representatives to support maintaining the 2002 distribution
April 24 - May 18, 2003; and percentage of 33% of the total surcharge collected; and
Be It Further Resolved: That the Western Region Public Safety
Communications Alliance calls on New York State and our
representatives to make permanent the 33% of the wireless hundreds of layoffs for the upcoming school year. This delay in
surcharge received being returned to local governments to funds is seen by school officials as an undefeatable hurdle;
offset costs associated with upgrading, operating and and
maintaining wireless public safety answering points and Whereas: In a recent news conference, Mayor Masiello and
dispatching of public safety providers in response to wireless representatives from the Buffalo Common Council, the
911 calls; and Comptroller's Office, and the School Superintendent's
Be It Further Resolved: That the Common Council of the City Office, joined together in pleading with Governor Pataki to
of Buffalo does hereby reaffirm its support of the Western include the $30.6 million payment to the City of Buffalo in
Region Public Safety Communications alliance; and the next continuing resolution for the period beginning May 5,
Be It Finally Resolved: That certified copies of this resolution 2003;
be sent to the New York State Governor's Office, the New York Now, Therefore, Be It Resolved:
State Assembly Speaker Sheldon Silver, the New York State That the Common Council of the City of Buffalo does hereby
Majority Leader Joseph Bruno, the Western New York State request Governor Pataki and the NYS Legislature to release
delegation and the Western Region Public Safety the $30.6 million owed to the City of Buffalo which was
Communications Alliance. scheduled to be received from NYS by May 1, 2003, until
ADOPTED recent notification indicated that payment would be delayed
until June 30, 2003; and
NO. 121 Now, Therefore, Be It Further Resolved:
BY: MRS. LOTEMPIO That this Honorable Body does hereby request that the $30.6
REQUEST STATE LOAN FUNDS FOR THE million payment be released and included in the next continuing
RESTRUCTURING OF THE CITY'S OPERATIONS, resolution for the period beginning May 5, 2003; and
INCLUDING POLICE AND FIRE Now, Therefore, Be It Finally Resolved:
Whereas: The City of Buffalo, in cooperation with its Police and That certified copies of this resolution are send to Governor
Fire unions, has taken enormous strides in recent months to Pataki and the NYS Legislature for their immediate
restructure and "right-size" the Police and Fire Departments in consideration and approval of the release of the $30.6 million
order to save money while continuing to provide these essential payment to the City of Buffalo.
services; and ADOPTED
Whereas: The restructuring measures are essential to puffing
the City of Buffalo's finances on a sustainable path, but, NO. 123
because they rely on attrition as a key cost saving measure, BY: MRS. LOTEMPIO
they will take a few years to start paying off in full; and REQUEST ERIE COUNTY TO IMMEDIATELY BEGIN
Whereas: The up-front costs of these measures include $8.1 PHASING IN THE SHARING OF THE 8TH PENNY OF THE
million for the Police agreement and $7.6 million for changes in SALES TAX WITH THE CITY OF BUFFALO AND THE
the Fire Department; and BOARD OF EDUCATION
Whereas: Governor Pataki has proposed a mechanism Whereas: In the 1980's, in the midst of a fiscal crisis, the
whereby municipalities would be able to borrow the dollars County of Erie approached the City of Buffalo for support in
necessary to fund restructuring measures until the savings are asking the NYS Legislature to impose a one percent (1%) sales
realized; and tax, with the revenues from the tax to be used to pay down the
Whereas: Under this proposal Buffalo, Rochester, Syracuse County's debt; and
and Yonkers would be able to borrow up to 10% of their budget Whereas: This Council has consistently made the argument
this year, and lesser amounts in succeeding years, while that since the County's crisis has passed, the 8 1h penny of
restructuring their operations to enable them to operate in the the sales tax should be shared on the same basis as the other
black at the conclusion of the program; and locally designated portion of the sales tax; and
Whereas: These cities would be required to operate under Whereas: The City of Buffalo is now facing its own fiscal crisis
oversight from State officials as they implement their that threatens to force additional layoffs, and unconscionable
restructuring plans; and cuts in City services; and
Whereas: Mayor Masiello has built $25 million in revenue from Whereas: If the City of Buffalo were to receive its rightful share
the proposed loan program into his projected City of Buffalo of the 8th penny, based on past sales tax performance, as
budget for 2003-04; and much as $30 million per year could be available to the City and
Whereas: It is crucial that this money be made available to the the School Board. These additional monies could be used to
City, not only for the continuing provision of Police and Fire address the current crisis and support the re-establishment of
services, but for the very survival of the City itself, and fiscal stability for the City of Buffalo. The City would not be
Whereas: This is a critical moment, when leaders in State going into debt, raising taxes and fees, to engage in the difficult
government must come together to prevent chaos in New process of re-engineering the functions of City government;
York's larger municipalities; and
Now, Therefore, Be It Resolved That: Whereas: If the New York State Legislature as requested by
This Common Council requests Assembly Speaker Sheldon the Common Council would have put in place the City sharing
Silver, Senate Majority Leader Joseph Bruno, and the members of the 8 th % sales tax, the City would now be on the road to
of the Western New York State Legislature delegation, to lead recovery; and
the way in securing an appropriate loan program to fund the Whereas: With New York State experiencing budget and cash
right-sizing of municipal government operations in New York flow problems of its own, it is more important than ever for the
State; and City of Buffalo to have local sources of funds to operate; and
Be It Further Resolved That: Whereas: Residents of the City of Buffalo continue to pay the 8
The City Clerk be directed to forward certified copies of this th penny, while Erie County still refuses to share this revenue
resolution to Governor Pataki, to Assembly Speaker Sheldon on the same basis as the other locally designated portion of the
Silver, to the Clerk of the Assembly, to Senate Majority Leader sales tax;
Joseph Bruno, to the Secretary of the Senate and to the Now, Therefore, Be It Resolved That:
members of the Western New York Legislature delegation. The Common Council requests that Erie County immediately
ADOPTED begin phasing in the 8 th penny of the sales tax, under the
same formula that governs the sharing of the rest of the sales
NO. 122 tax; and
BY: MRS. LOTEMPIO Be It Further Resolved That:
REQUEST TO NYS & GOVERNOR PATAKI TO A The City Clerk be directed to send certified copies of this
RELEASE $30.6 MILLION PAYMENT TO BUFFALO IN THE resolution to Erie County Executive Joel A. Giambra, to each
NEXT CONTINUING RESOLUTION member of the Erie County Legislature, to New York State
Whereas: Days before it is expected to be received in Buffalo, Governor George Pataki, to the Clerk of the Assembly, to the
Mayor Masiello announced that the Pataki Administration plans Secretary of the Senate, and to members of the Western New
to defer a school aid allocation, that will delay $30.6 million to York delegation with a request for a response before Thursday,
City of Buffalo Schools until late June; and May 8, 2003 at 2:00 PM to be filed with the City Clerk's office,
Whereas: After May 1, 2003, the effects of Albany's decision 1308 City Hall, Buffalo, New York, 14202.
will be detrimental to the operations of the City of Buffalo. A city ADOPTED
that monitors their cash flow on a day-to day basis, will need to
impose an immediate freeze on almost all payments to vendors, NO. 124
an inability to make employee payroll, and suffer ill-repairable BY: MRS. MARTINO
damage to the city's Wall Street credit rating; and DELAY IN STATE AID
Whereas: City officials are outraged and worry that Albany's Whereas: The City of Buffalo has been informed by the Pataki
decision will cause threaten Buffalo's ability to repay $75 administration that $30.6 million to City schools will be delayed
st
million in revenue anticipation notes, (RAN), borrowed from until late June 2003 rather than May 1 2003;and
last; and Whereas: Such action shall severely weaken City and school
Whereas: Our school district has already been facing the operations undermining public safety, jeopardizing the City's
possibility of cutting pre kindergarten and full day kindergarten, credit standing on Wall Street and forcing layoff of employees
guidance counselors, attendance teachers and/or athletics, and who provide services to the taxpayers; and
Whereas: County Executive Joel A. Giambra continues to Attached hereto are Felicitation and In Memoriam
speak out against State assistance to the City in the spirit of Resolutions sponsored by Members of the Common Council
regionalism; and as indicated:
Whereas: The County Executive wishes a merger of the Felicitation for "Equal Pay Day"
Buffalo Police Department with the Erie County Sheriffs By Councilmembers LoTempio , Pitts & City Clerk Michaux
Department; and Felicitation for Dr. Charles Breem
Whereas: The County Executive has proposed the elimination By Councilmembers Thompson, Pitts & City Clerk Michaux
of the City independently elected Comptroller position Felicitation for Ada Clemons
mandated by the City Charter; and By Councilmembers Pitts, Thompson & City Clerk Michaux In
Whereas: Studies of mergers throughout the country show that Memorium for Tamario D. Burkett
said mergers, in fact, result in higher taxes and less service; By All Councilmembers & City Clerk Michaux
and ADOPTED
Whereas: There continues to be no open forum, no inclusion,
and no discussion with residents of the City of Buffalo and the NO. 127
County of Erie regarding the impact of dissolving the City; and BY- ANTOINE M. THOMPSON
Whereas: While some groups may champion the County APPOINTMENTS
Executives call for regionalism, important issues such as COMMISSIONER OF DEEDS
continuance of public education for City children has never That the following persons are hereby appointed as
been broached. Commissioner of Deeds for the term ending December 31,
Now, Therefore, Be It Resolved: 2004, conditional, upon the person so appointed certifying
That while Governor George E. Pataki and County Executive under oath to their qualifications and filing same with the City
Joel A. Giambra are intent on dissolving the City of Buffalo, Clerk:
imposing a control board and merging the City with the County, Elizabeth Bailey
this Honorable Body demands the County Executive provide an John Bell
independent outside economic analysis outlining any and all Llona Leroy
savings to the taxpayer. This analysis shall be completed and Dena Stainsby
published on or before September 1, 2003; and Nora Trincanati
Be It Finally Resolved: Rosalie Bailey
That meetings, throughout the County of Erie, be immediately Daniel Calderon
scheduled for open dialogue with all interested residents Maeve Madden
ADOPTED Elizabeth Triggs
Stephen Trincanati
AYES –BONIFACIO, COPPOLA, DAVIS, FISHER,
Total: 10
FONTANA, GRANT, GRAY, LOTEMPIO,MARTINO, PITTS,
ADOPTED
THOMPSON - 12 NOES – FRANCZYK, GOLOMBEK - 2
NO. 128
NO. 125
ANITNOUNCEMENT OF COMMITTEE MEETINGS
BY: MR. THOMPSON
The following meetings are scheduled. All meetings are held
TO MEMORIALIZE THE NEW YORK STATE
in the Common Council Chambers, 13th floor City Hall, Buffalo,
LEGISLATURE AND THE NEW YORK SATE GOVERNOR
New York, unless otherwise noted.
TO REAUTHORIZE ARTICLE 15A OF THE NOT,
Regular Committees
YORK STATE EXECUTIVE LAIR
Committee on Civil Service Tuesday, May 6, 2003 at 930
Whereas: The State of New York, recognizing the need and
o'clock A.M.
importance of business and work force divershy, took steps to
Committee on Finance Tuesday, May 6,
ensure the inclusion of men and women of all race and ethnic
2003 at 10: 00 o'clock A.M.
backgrounds by enacting Article 15A the Executive Lair on July
following Civil Service
19, 1988; and
Committee on Comm. Dev. Tuesday, May 6,
Whereas: Pursuant to Article 15A, all state agencies are
2003 at 1: 00 o'clock
charged with the day establishing and maintaining
Committee on Legislation Tuesday-, May 6,
employment and participation goal /or minority groups and
2003 at 2:00 o'clock pm
women; and
Special Committees
Whereas: Article 15A also authorizes the establishment of the
Regional Governance Wednesday, April
State Division of Minority and Women's Business
30, 2003 at 2:00 o'clock P.M. in
Development, which created a state provide program to assist
Room 1417 City Hall
the development MBEV and WBEs and facilitates their access
(Public Disclaimer): All meetings are subject to change and
to state contracting opportunities and promotes equal
cancellation by the respective Chairmen of Council
opportunity; and
Committees. In the event that there is sufficient time given for
Whereas: Article 15A requires the Division of Minority and
notification, it will be provided- In addition, there may be
Women's Business Development to promulgate and
meetings set up whereby the City Clerk's Office Is not made
disseminate rules and regulations applicable to the equal
aware, therefore, unless we receive notice from the respective
employment the minorities and women on state contracts; and
Chairmen, we can only make notification of what we are made
Whereas: Article 15.4 has created additional opportunities. for
aware,
minority and women owned businesses to participate in
government contracts, in fact, many. of these businesses went
NO. 129
on to expand their operations, thereby creating additional jobs
ADJOURNMENT
and increasing business access in urban communities;
On a motion by Mrs. LoTempio, Seconded by Ms. Gray, the
and
Council adjourned at 5:10 pm
Whereas: The current legislation contains a sunset provision,
CHARLES L, MICHAUX, III
allowing for the expiration of ArticIel5A on December 31, 2003;
CITY CLERK
and
Whereas: The reauthorization of Article 15A will help ensure
Board of Police and Fire Pension Proceedings #4 Office of the
that the door of economic opportunity, which was created from
Mayor-201 City Hall April 24, 2003 Present:;; Anthony M.
its enactment, will continue./or many years; and
Masiello, Mayor; Andrew SanFilippo, Deputy Comptroller,
Now Therefore Be It Resolved.
Michael B. Risman, Corporation Counsel-3 Absent: James W.
The Common Council of the City of Buffalo does hereby
Pitts, Council President -1.
reaffirm its commitment to economic prosperity and equal
opportunity for all people in the City of Buffalo, and New York
The Journal of the last meeting was approved.
State by supporting the reauthorization Article 15A
Be It Finally Resolved That:
NO. 1
Certified Copies of this resolution be sent to the New York
I transmit herewith the Pension Payroll for the Fire Pension
State
Fund for the month of April 2003 amounting to $11,685.24 and
Governor’s Office, The New York State Assembly, speaker
respectfully request that checks be drawn to the order of the
Sheldon Silver, The New York State Senate Majority Leader
persons named herein for the amounts stated.
.loseph Bruno, the Western New York State delegation, the
Adopted
New York State Division of Minority and Women's Business
Ayes-3. Noes-0.
Development, the Commissioner of Community Services,
Donald 0. Allen, and the Office Contract Compliance
NO. 2
ADOPTED
I transmit herewith the Pension Payroll for the Police
Pension Fund for the month of April 2003 amounting to
NO. 126
$11,520.54 and respectfully request that checks be drawn to
BY MR. THOMPSON
the order of the persons named herein for the amounts stated.
FELICITATIONS/IN MEMORIAM
Adopted.
Ayes-3. Noes-0.
NO. 3
The following annuitant was cancelled from the Police
Pension Fund Payroll:
Mary C. Wright Death 1/1/03.
Viola M. Heber Death 3/28/03.
Mary Youknut Death 4/9/03.
Received and Filled
NO. 4
On motion by Mr. Risman, the City of Buffalo Police and Fire
Pension Board Meeting
adjourned at 11:10 a.m.