HomeMy WebLinkAbout04-1214PF
No. 23
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
December 14, 2004
POLICE & FIRE PENSION
DECEMBER 9,2004
MAYOR
Hon. Anthony M. Masiello
COMPTROLLER
Andrew Sanfilippo
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
FILLMORE DISTRICT
David A. Franczyk
PRESIDENT PRO TEMPORE
UNIVERSITY DISTRICT
Bonnie E. Russell
MAJORITY LEADER
DELAWARE DISTRICT
Marc A. Coppola
DISTRICT COUNCIL MEMBERS
BRIAN C. DAVIS - ELLICOTT
RICHARD A. FONTANA - LOVEJOY
ANTOINE M. THOMPSON - MASTEN
DOMINIC J. BONIFACIO Jr. - NIAGARA
JOSEPH GOLOMBEK JR. - NORTH
JAMES D. GRIFFIN - SOUTH
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE:
Bonnie E. Russell Chairman, Brian C. Davis, Joseph Golombek Jr., Richard A. Fontana-Members
CLAIMS COMMITTEE:
James D. Griffin, Chairman, Richard A. Fontana, Joseph Golombek,Jr., Antoine M. Thompson - Members
COMMUNITY DEVELOPMENT COMMITTEE:
Joseph Golombek, Jr. Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell, Antoine M. Thompson - Members
FINANCE COMMITTEE:
Brian C. Davis, Chairman, Dominic J. Bonifacio, Jr., Marc A. Coppola, James D. Griffin - Members.
LEGISLATION COMMITTEE:
Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Marc A. Coppola, Bonnie E. Russell - Members
EDUCATION COMMITTEE
Antoine M. Thompson, Chairman, Richard A. Fontana, David A. Franczyk, Bonnie E. Russell - Members
RULES COMMITTEE:
David A. Franczyk, Chairman Marc A. Coppola, Bonnie E. Russell - Members
SPECIAL COMMITTEES
BUDGET COMMITTEE:Dominic J. Bonifacio, Jr., Chairman, Marc A. Coppola, Brian C. Davis, Joseph Golombek, Jr. - Members
MINORITY BUSINESS ENTERPRISE COMMITTEE- Antoine M. Thompson, Chairman Brian C. Davis, James D. Griffin
CORPORATION PROCEEDINGS
of Buffalo do hereby determine there is a need for financial
assistance to meet costs set in the City of Buffalo, Capital
Budget. This Declaration of Need does hereby request the
COMMON COUNCIL Buffalo Fiscal Stability Authority to borrow an amount of Thirty
CITY HALL - BUFFALO One Million and Thirty Thousand Dollars.
TUESDAY, DECEMBER 14, 2004 Mr. Coppola moved:
AT 2:00 P.M. That the above communication from the Mayor dated
December 14, 2004, be received and filed; and
PRESENT – David A. Franczyk, President of the Pursuant to 3861 of the Public Authorities Law, the Buffalo
Council, and Council Members Bonifacio, Coppola, Fiscal Stability Authority shall borrow an amount of Thirty One
Davis, Fontana, Golombek, Griffin, Russell and Million and Thirty Thousand Dollars to meet costs set in the
Thompson – 9 City of Buffalo, Capital Budget, the Declaration of Need, be and
hereby is approved.
ABSENT –- 0 PASSED
AYES - 13 - NOES - 0
On a motion by Mr. Coppola seconded by
Mr.Fontana, the minutes of the stated meeting held on FROM THE MAYOR - EXECUT/VE DEPARTMENT
November 30, 2004 were approved.
FROM THE MAYOR FROM THE OFFICE OF STRATEGIC PLANNING
NO. 1 NO. 4
Appointment of Member to Office of Strategic Planning &
the Emergency Medical Services Board Office of Permits & Inspection
Pursuant to the powers vested in me in Chapter 6 of the Demolition Report
Code of the City of Buffalo, I hereby appoint the following Attached please find a copy of the above referenced report for
member to the Emergency Medical Services Board: your information..
APPOINTMENT: Should you require additional information, please do not
Roger Lander 82 Elmhurst Place Buffalo, 14216 hesitate to contact either the Office of Strategic Planning or
Mr. Roger Lander was appointed the Homeland Security Office of Permits & Inspections.
Director for the City of Buffalo on August 30, 2004. He had COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR
been employed as the Genesee County Emergency REVIEW
Management Coordinator from 1996 to 2004. REFERRRED TO THE COMMITTEE ON COMMUNITY
Mr. Lander is being appointed to fill the vacancy created by the DEVELOPMENT
resignation of Rev. Joseph Bayne. His term will commence
immediately and expire June 30, 2007. NO. 5
I hereby certify that the above named individual is fully qualified Bond Authorizations- Rescinding
to serve as a member of the Emergency Medical Services Please rescind the following Authorized Bond Resolutions as
Board. per the request of the Mayor dated November 1,2004 so that
REFERRED TO THE COMMITTEE ON LEGISLATION AND the projects may be excluded from the City's 5 year Capital
THE DIVISIO OF COLLECTIONS AND THE Budget.
CORPORATION COUNSEL Dept. PW/Eng.- 98/99- Michigan Ave. Bridge Reconstruction
$8,620,000
NO. 2 Dept. PW/Eng.- 99/00- Improve-Right of Way-Grant/Ferry
APPOINT RECORDS MANAGEMENT $ 2O0,000
Pursuant to Article 57 - A of the New York State Local Dept. PW/Eng - 00-01- JFK Center Reconstruction
Government Records Law, I hereby designate Gerald A. $ 5OO,OOO
Chwalinski, City Clerk, as Records Management Officer for the Dept. PW/Eng.- 00/01-Library Improve.-Crane,NPark,Fairfield)
City of Buffalo filling the position vacated by the retirement of $ 25,000
Charles L. Michaux, III. Dept. PW/Eng - 03-Citywide Buildings
This appointment is subject to approval of your Honorable $ 75O,O00
Body. I wholeheartedly encourage immediate confirmation of Dept. PW/Eng - 03-Historical Society
Gerald Chwalinski as Records Manager for the City of Buffalo. $ 100,000
Mr. Coppola moved: Dept. PW/Eng - 03-Museum of Science
That the above communication from the Mayor dated $ 100,000
December 14, 2004, be received and filed; and Total to be Rescinded $10,295,000
That the designation of Gerald A. Chwalinski, City Clerk, as MR. COPPOLA Moved:
Records Manager of the City of Buffalo, be and it hereby is That the above communication from the Comptroller dated
approved. December 7, 2004, be received and filed; and
Passed That the Comptroller be and he is hereby authorized to rescind
AYES - 9 - NOES - 0 the above listed Bond Resolutions for projects that may be
excluded from the City's 5 year Capital Budget.
NO. 3 PASSED
Declaration of Need-Required by BFSA to participate in AYES - 9 - NOES - 0
Capital
2005 borrowing FROM THE COMPTROLLER
Declaration of Need
Pursuant to §3861 of the Public Authorities Law, after the NO. 6
approval of the Common Council of the City of Buffalo on CERTIFICATE OF NECESSITY
December 13, 2004, I, Anthony M. Masiello, Mayor of the City Transfer of Funds
$2,000
Buffalo Fiscal Stability Authority FROM:
Various Accounts 17523008 - 489130 Transfer out to Capital Project
We, Anthony M. Masiello, Mayor and Andrew A. $6,530,000
SanFilippo, Comptroller, do hereby certify, pursuant to §20-To:
12 of the Charter, that it is necessary that the sum of 30062106 - 445100 Main/Mercer Firehouse Rehab
$1,200,000 be transferred and reappropriated from the account $1,440,000
for the Buffalo Fiscal Stability Authority, as set forth below: 30062206 - 445100 Delavan/Fillmore Fire
From: House Acquisition & Construction
17210006 - 435014 Buffalo Fiscal Stability Authority $2,340,000
$1,200,000 30062306- 445100 Elmwood/Hertel Fire House
To: Acquisition & Construction
10220006-434000 City Clerk - Other Contractual Services $2,750,000
$125,000 REFERRED TO THE COMMITTEE ON FINANCE
11413001-412002 PVB – Seasonal $21,000
12136006-443302 Fire - Vehicle Body Repair $63,000 NO. 8
15203006-432002 Animal Shelter - Medical Services Certificate of Appointment
$6,000 APPOINTMENT EFFECTIVE: DECEMBER 8, 2004IN THE
15512001-415001 Community Services – DEPARTMENT OF AUDIT AND CONTROL DIVISION OF
Auto Allowance $1,200 ACCOUNTING TO THE POSITION OF ASSOCIATE
15512005-461001 Community Services – ACCOUNTANT
Office Supplies $1,100 Temporary, Appointment, Intermediate Starting Salary of:
15512005-461002 Community Services – $41,516
Contractual Services $720 John L. Rusnak 64 Brinton Street Buffalo NY 14214
15512005-461004 Community Services – REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Recreation Supplies $1,150
15512005-461400 Community Services – FROM THE COMMISSIONER OF ASSESSMENT AND
Janitorial Supplies $3,200 TAXATION
15512005 -461400 Community Services –
Postage $259 No. 9
15512005-467000 Community Services – Increasing the Down
Miscellaneous Supplies $2,500 Payment Required for
15512006-443301 Community Services – City Foreclosure Sale
Machine Equipment Repair CCP: November 30, 2004 Item No. 149
15512006-443303 Community Services – This is in response to the Resolution sponsored by South
Vehicle Drivetrain Repair 2,900 District Councilmember James D. Griffin and University District
15512006-455100 Community Services – Councilmember Bonnie E. Russell to increase the down
Print Shop $50 payment from 20% to 33% at the City of Buffalo foreclosure
15512006-480000 Community Services – sale.
Other Services $350 It is the opinion of the Department of Assessment and Taxation
15513006-434000 Commonity Services – that increasing the down payment from 20% to 33% will not
Other Contracutal Services $95,000 prohibit bulk investment buyers or dealers from bidding on
16551006-432004 Permits & Inspection – properties and subsequently "flipping" them in quick sales.
Engineering and Technical $72,900 The only advantage to such an increase would be in situations
17221008-490000 General City Charges where a bidder fails to consummate a sale thereby forfeiting the
Freeze Account $801,671 deposit (down payment). In such a situation the City of Buffalo
REFERRED TO THE COMMITTEE ON FINANCE keeps the forfeited deposit amount.
The Department of Assessment and Taxation is not aware of
NO. 7 any legal restrictions to increasing the deposit amount and
Certificate of Necessity recommends that an opinion be obtained from the Law
Increased Appropriation Department on this issue.
Fund Balance REFERRED TO THE COMMITTEE ON LEGISLATION
Capital Projects
We, Anthony M. Masiello, Mayor and Andrew A. FROM THE COMMISSIONER OF PUBLIC WORKS
SanFilippo, Comptroller, do hereby certify, pursuant to §20-
11 of the Charter, that an increase in the sum of $6,530,000 in
the estimate for the fiscal year beginning January l, 2004 is
necessary in Capital Improvements to meet a contingency
which could not have been reasonably foreseen when the
budget was adopted. The increase is needed for the acquisition
and construction of firehouses as detailed below. The amount
of increased appropriations will be met from the
Unreserved/Designated Fund Balance for Reengineering
Agreements. The details of the requirements are set forth
below:
FROM:
10700096 - 397000 Unres/Designated Balance for
Reengineering Agreements $6,530,000
TO:
17523008 - 489130 Transfer out to Capital Project $6,530,000
No 10 Total Contract $2,179,130.09
Notification Serial # 9985 Funds are available in a Division of Water account 53180636.
Install Alternate Parking - Type 2K I respectfully certify that this charge order is fair and equitable
Marbeth Court between for the work involved, and respectfully request that Your
Cumberland Avenue and Cumberland Avenue Honorable Body approve the subject change order and
(South District) authorize the Commissioner of Public Works, Parks & Streets
NO PARKING (ALTERNATE - TYPE 2K) - INSTALL to issue said change order to Amstar of Western New York.
In conformity with Section 49 of Chapter 479 of the Ordinances Permission is requested from Your Honorable Body to
of the City of Buffalo, the City Engineer hereby notifies Your authorize the increase contract as stated above.
Honorable Body of this action supplementing, amending, or MR. COPPOLA Moved:
repealing existing provisions of Chapter 479 of the Ordinances, That the above communication from the Commissioner of
as stated below, to be effective forty five days after the first Public Works, Parks and Streets dated December 10, 2004, be
Council meeting at which they appear on the agenda as an item received and filed; and
business. That the Commissioner of Public Works, Parks and Streets be,
That that part of Subdivision 24 Section 15 of Chapter 479 of and he hereby is authorized to issue a change order to Amstar
Ordinances of the City of Buffalo be supplemented by adding of Western New York, an increase in the amount of
thereto the following: NO PARKINGPROHIBITED PORTION $209,200.00, as more fully described in the above
HIGHWAY Marbeth Ct. communication, for work relating to City Wide Contract
BETWEEN Cumberland Ave. #92010741. Funds for this project are available in the Division
STREET SIDE West (outer perimeter) of Water 53180636.
PROHIBITED PERIOD No Parking 6pm Monday to 6pm PASSED
Thursday AYES - 9 - NOES - 0
HIGHWAY NO. 12
BETWEEN to Cumberland Ave. Change in Contract
STREET SIDE East (inner perimeter) City Hall
PROHIBITED PERIOD No Parking 6pm Thursday to 6pm Elevator Modernization - Low Rise
MondayThis action is being taken in order to improve Job #0326
snowplowing capability and traffic safety on a narrow two-way Ellicott District
street at the request of the District Councilmember and I hereby submit to Your Honorable Body the following changes
residents of Marbeth Court. for City Hall, Elevator Modernization -Low Rise, CIR Electrical
RECEIVED AND FILED WAIVE 45DAYS Construction Corp., C #92010805.
1. Additional disconnects for elevators. Re-feeding the
no. 11 emergency transmitter & control power feed. Add $ 7,728.00
Change in Contract 2. Install (7) additional fire alarm devices in machine rooms
Amatar of Western New York for proper coverage; move conduits & devices for HVAC
Contract #92010741 penetrations. Add $ 2,889.00
City Wide The foregoing change results in a net increase in the contract
I hereby submit to Your Honorable Body the following change of Ten Thousand Six Hundred Seventeen and 00/100 Dollars
order for this contract. This change order is necessary for ($10,617.00).
continuing security and SCADA (supervisory control and data SUMMARY :
acquisition) enhancganents for Division of Water elevated Current Contract Amount
storage tanks Rnd r~te pump stations. See the cost breakdown $360,700.00
below: Amount of This Change Order (#2) $ 10,617.00
1. Supply, install, and commission a motorized pressure relief Revised Contract Amount $371,317.00
valve to be located in Costs have been reviewed by the Consulting Engineer
the existing Colonel Ward Pump Station gallery. Includes (DiDonato Associates) and the Department of Public Works,
interface control from Parks & Streets and were found to be fair and equitable. Funds
the existing Tank Level Monitoring System PLC. for this work are available in 36322206 445100 - Division of
2. Supply, install, and commission a Motor and Pump Buildings.
Bearing Monitoring System at the Grover Cleveland Pump I request that Your Honorable Body authorize the
Station. Includes demolition of existing system, and alarm Commissioner of Public Works, Parks & Streets to issue a
interface to the existing Tank Level Monitoring System change order to the contractor as set forth above.
PLC. MR. COPPOLA Moved:
3. Provide performance improvements the existing radio That the above communication from the Commissioner of
system. Public Works, Parks and Streets dated November 29, 2004, be
4. Relocate existing Horn and Beacon from inside to outside received and filed; and
of the Colonel Ward Balcony office. That the Commissioner of Public Works, Parks and Streets be,
5. Supply, install, and commission improved data quality and he hereby is authorized to issue change order No. 2, to
speed telephone lines at five remote sites and the CIR Electrical Construction Corp., an increase in the amount of
high
$10,617.00, as more fully described in the above
Mass. Ave. Pump Station including the removal of old
communication, for work relating to Job No. #0326, City Hall,
lines. Provide a T1 line at the Colonel Ward Complex.
Elevator Modernization, Low Rise, C #92010805. Funds for
6. Providing a PC for the display of the Tank Monitoring
this project are available in CPF 36322206 445100 - Division of
system.
Buildings.
7. Provide additional security work including additional field
PASSED
instrumentation at the remote sites and provide a two year
AYES - 9- NOES - 0
security system support contract.
Total = $ 209,200.00
NO. 13
Contract Amount $1,969,930.09
Change in Contract
This Change Order $ 209,200.00
John W. Danforth Company I respectfully certify that this change order is fair and equitable
Contract #92010904 for the work involved, and respectfully request that Your
Niagara Honorable Body approve the subject change order and
I hereby submit to Your Honorable Body the following change authorize the C0~nnissioner of Public Works, Parks & Streets
order for this contract. This contract includes Anthracite (filter to issue said change order to Kandey Company. Permission is
media) addition to all 40 filters to optimize filter performance requested from Your Honorable Body to authorize the increase
and subsequent effluent quality and to minimize energy usage in contract as stated above.
by maximizing filter run time and minimizing backwashes. This MR. COPPOLA moved:
change order is necessary to furnish and install three 20" filter That the above communication from the Commissioner of
influent valves. The replacement of these valves is necessary Public Works, Parks and Streets dated December 10, 2004, be
to provide flow control and to isolate and drain the filter to allow received and filed; and
the media addition. The work includes subcontractors for diving That the Commissioner of Public Works, Parks and Streets be,
work, painting and lead abatement, electrical work. The dive and he hereby is authorized to issue a change order to Kandey
work includes preparation of a stop log channel, installation of a Company, an increase in the amount of $68,235.00, as more
mechanical plug with strong hacks, and removal of required fully described in the above communication, for work relating to
plugs. the 60" main has a leak on one of the joints exiting Colonel
Contract Amount: $ 535,700.00 Ward Pumping Station, Contract #92010920. Funds for this
This Change Order: $ 95,370.00 project are available in the Division of Water 53190636.
Total Contract $ 631,070.00 PASSED
Funds are available in a Division of Water account 53190676. AYES - 13 - NOES - 0
This project is being funded via low interest money from the
Environmental Facilities Corporation (EFC). NO. 15
I respectfully certify that this change order is fair and equitable Change in Contract
for the work involved, and respectfully request that Your Seneca Babcock Community Center
Honorable Body approve the subject change order and Renovations
authorize the Commissioner of Public Works, Parks & Streets Job #0401
to issue said change order to John W. Danforth Company. Lovejoy District
Permission is requested fro~ Your Honorable Body to authorize I hereby submit to Your Honorable Body the following changes
the increase in contract as stated above. for the Seneca Babcock Community Center, Renovations,
Mr. COPPOLA moved General Construction, Miller Enterprises, Inc., C #92010885.
That the above communication from the Commissioner of 1. Build and install a trophy case.
Public Works, Parks and Streets dated December 10, 2004, be Add $ 6,800.00
received and filed; and The foregoing change results in a net increase in the contract
That the Commissioner of Public Works, Parks and Streets be, of Six Thousand Eight Hundred and 001100 Dollars
and he hereby is authorized to issue a change order to John ($6,800.00).
W. Danfurth Company, an increase in the amount of Current Contract Amount $121,336.00
$95,370.00, as more fully described in the above Amount of This Change Order (#2) $ 6,8OO.OO
communication, for work relating to installing 20" filter influent Revised Contract Amount $128,136.00
valves, Contract #92010904. Funds for this project are Costs have been reviewed by the Department of Public Works,
available in the Division of Water 53190676. Parks & Streets and were found to be fair and equitable. Funds
PASSED for this work are available in 34310306 445100 - Division of
AYES - 9 - NOES - 0 Buildings.
I request that Your Honorable Body authorize the
No. 14 Commissioner of Public Works, Parks & Streets to issue a
Change in Contract change order to the contractor as set forth above.
Kandey Company REFERRRED TO THE COMMITTEE ON FINANCE
Contract #92010920
Niagara NO. 16
I hereby submit to Your Honorable Body the following change Increase in Contract
order for this contract. The 60" main has a leak on one of the Massachusetts Avenue Project
Joints exiting Colonel Ward and in an effort to save costs on an Recreation Improvements
external Joint repair due to the deep excavation requiring General Contract No. 92010935
sheeting, the Division of Water decided to proceed with internal (Niagara)
Joint seals. This contact includes the video inspection of the Ex. (Item No. 36, C.C.P. 09/07/04 )
60" main from the Colonel Ward Complex out 1,000 feet, During the demolition of the interior walls at 382
installation of 60 joint seals, and manual access to the main. Massachusetts Avenue there were two active water lines
This change order is necessary because the video inspection encountered, embedded in the walls, that needed to be
revealed that an additional 39 Joints require internal seals and relocated. Therefore, we recommend that the following
six Joints require wider or custom seals. The costs are shown changes be made to Contract No. 92010835, with MKS
below: Plumbing Corporation.
1. To furnish and install an additional thirty-nine 60" Add all labor and materials for the relocation of:
internal Joint seals. Cost: 39 x $1,400.00 (unit price) = 40 ft. of 2" copper waterline Add $ 1,268.75
$54,600.00 20 ft. of 3" copper drainpipe Add $ 1,346.25
2. To furnish and install one 60" x 60" x 6" custom seal Existing Contract Amount $31,313.00
and five extra wide seals Cost: $13,635.00 This Increase $ 2,615.00
Contract Amount: $ 215,050.00 New Contract Amount $33,928.00
This Change Order: $ 68,235.00 The project Engineer, Nussbaumer & Clarke, Inc. has reviewed
Total Contract $ 283,285.00 and recommended these changes and costs. Funds are
Funds are available in a Division of Water account 53190636. available in Account 31480006.
I recommend that Your Honorable Body authorize the NO. 18
Commissioner of Public Works, Parks and Streets to issue a REPORT OF BIDS
change order to MKS Plumbing as outlined above. DELAVAN FILLMORE FIRE STATION
MR. COPPOLA MOVED CONSTRUCTION
That the above communication from the Commissioner of JOB NO. 0433
Public Works, Parks and Streets dated December 9, 2004, be MASTEN DISTRICT
received and filed; and I advertised for bids on November 3, 2004 and received the
That the Commissioner of Public Works, Parks and Streets be, following formal bids for the Delavan Fillmore Fire Station,
and he hereby is authorized to issue a change order to MKS Construction, on December 1,2004.
Plumbing Corporation, an increase in the amount of $2,615.00, General Construction
as more fully described in the above communication, for work Picone Construction Corp. $1,458,000.00
relating to Massachusetts Avenue Project, Recreation 8680 Main St., Williamsville, NY
Improvements, Contract No. 92010935. Funds for this project Summit Construction Group, Inc. $1,532,000.00
are available in the Account 31480006. 6 Lancaster Pkwy., Lancaster, NY
PASSED Rodems Construction Co. $1,568,000.00
AYES - 9 - NOES - 0 3533 N. Buffalo Rd., Orchard Park, NY
C. Nichter, Inc. $1,591,000.00
NO. 17 30 Wildwood, Lancaster, NY
Report of Bids Concept Construction Corp. $1,650,000.00
Boone Park 2555 Transit, Elma, NY
Interim Remedial Measure Trason Development Corp. $1,655,000.00
(South) 8171 Cole Rd., Colden, NY
I advertised on November 23, 2004 remediation of Hadala Construction, Inc. $1,683,400.00
arsenic impacted soils read on December 9, 2004. 325 Grote St., Buffalo, NY
and have received the following bids for the at Boone Park, R.B. Mac Construction Co., Inc. 5726 Bowmiller, Lockport, NY
which were publicly opened & read on December 9, 2004 Pepe-Rodems Construction Co. $1,728,800.00
General Contractor Base Bid Unit Price Increase 3320 N. Benzing Rd., Orchard Park, NY
Nature's Way Environmental Con $483,835.00 532,218.50 Christa Construction$1,747,900.00
3553 Crittenden Road 119 Victor Heights, Victor, NY
Crittenden, NY 14038 Resitarits Construction Corp$1,800,000.00
The Environmental Service Group $489,997.50 $538,997.25 1000 Maple Rd., Elma, NY
177 Wales Avenue Landmark Construction Co., Inc. $1,812,000.00
Tonawanda, NY 14150 203 Fillmore Ave., Tonawanda, NY
SLC Environmental Services, Inc.$708,868.29 $779,755.12 L&D Johnson Plumbing & Heating$ 222,000.00
295 Mill Street 1478 E. Delavan, Buffalo, NY
Lockport, NY 14094 MKS Plumbing$ 239,100.00
Op-Tech Environmental Services, Inc.$802,842.7883,127.06 14 Ransier, West Seneca, NY
6392 Deere Road Cayuga Piping, Inc. $ 243,743.O0
Syracuse, NY 13206 300 Scott St., Buffalo, NY
I hereby certify the foregoing is a true and correct statement of W.C. Roberson Plumbing & Constr. $ 250,184.00
the bids received and that Nature's Way Environmental 602 E. Delavan, Buffalo, NY
Contractors 3553 Crittenden Road, Crittenden, New York Numarco, Inc. $ 278,800.OO
14038 is the lowest responsible bidder in accordance with the 1021 Maple Rd., Elma, NY
plans and specifications; and that the contract amount is Ackerman Mechanical Services$ 287,517.00
$532,218.50" *($483,835.00 Base Bid + 10% unit price 401 Lang Blvd., Grand Island, NY
increase $48,383.50 = Total Award $532,218.50). HVAC
I request that Your Honorable Body authorize the Parise Mechanical, Inc. $ 174,300.00
Commissioner of Public Works, Parks & Streets to order the 233 Fillmore, Tonawanda, NY
work on the basis of the low bids. Funds for this work will be W.C. Roberson Plumbing & Constr. $ 176,495.00
available from a future bond sale. The New York State 602 E. Delavan, Buffalo, NY
Department of Environmental Conservation has awarded a Tri-R Mechanical Services, Inc. $ 189,296.00
State Assistance Grant, which will reimburse 90% of all costs, 25 Ransier, West Seneca, NY
to the City for this project. These funds will be received upon John W. Danforth Co. $ 193,000.00
completion of the project. 2100 Colvin Blvd., Tonawanda, NY
MR. COPPOLA Moved: Electrical
That the above communication from the Commissioner of Tunney Electric, Inc. $ 154,800.00
Public Works, Parks and Streets dated December 9, 2004, be 8565 Roll Rd., Clarence Ctr., NY
received and filed; and Weydman Electric, lnc. $ 182,800.00
That the Commissioner of Public Works, Parks and Streets, 747 Young, Tonawanda, NY
be, and he hereby is authorized to award a contract for Boone Industrial Power & Lighting Corp. 701 Seneca, Buffalo, NY
Park Interim Remedial Measure, to Nature's Way $184,000.00
Environmental Contractors, the lowest responsible bidder, in Goodwin Electric Corp. $197,300.00
the amount of $532,218.50 ($483,835.00 Base Bid + 10% unit 121 California DR., West Seneca, NY
price increase $48,383.50 = $532,218.50). Funds for the CIR Electric Construction Corp.$ 198,400.00
project will be available from a future bond sale. 2750 Kenmore Ave., Tonawanda, NY
Passed Frey Electric Construction$219,000.00
AYES - 9 - NOES - 0 100 Pearce Ave., Tonawanda, NY
Ferguson Electric Construction 333 Ellicott St., Buffalo, NY
$234,600.00
PASSED
AYES - 9 NOES - 0
NO. 20
I hereby certify that the foregoing is a true and accurate
CERTIFICATE OF APPOINTMENT
statement of all bids received and that the following are the
Appointment effective December 8, 2004 in the Department of
lowest responsible bidders in accordance with the plans and
Public Works to the Position of Clerk, Provisional at the
specifications:
Intermediate Starting Salary of $26,499
General Construction: Picone Construction Corp., in the
April A. Tomezak, 69 Locoweed Avenue , Buffalo, NY, 14220
amount of One Million Four Hundred Fifty Eight Thousand and
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
00/100 Dollars ($1,458,000.00).
Plumbing: L&D Johnson Plumbing & Heating, Inc.,
in the amount of Two Hundred Twenty Two Thousand and
00/100 Dollars ($222,000.00).
NO. 21
HVAC: Parise Mechanical Inc., in the amount of One
CERTIFICATE OF APPOINTMENT
Hundred Seventy Four Thousand Three Hundred and 00/100
Appointment effective December 13, 2004 in the Department of
Dollars ($174,300.00).
Public Works, Division of Streets to the Position of Dog Control
Electrical: Tunney Electric, Inc., in the amount of
Officer, Permanent at the Maximum Starting Salary of $29,604
One Hundred Fifty Four Thousand Eight Hundred and 00/100
Andrew J. Kleinfelder, 27 Hewitt Avenue, Buffalo, NY 1421
Dollars ($154,800.00).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
The total bid price is Two Million Nine Thousand One Hundred
FROM THE COMMISSIONER OF POLICE
and 00/100 Dollars ($2,009,100.00). I recommend that Your
Honorable Body authorize the Commissioner of Public Works,
NO. 22
Parks & Streets to order the work on the basis of the low bids.
CITY OF BUFFALO, POLICE DEPARTMENT
Costs for this work shall be charged to an account to be
REQUEST FOR VEHICLES IDENTIFIED FOR FUTURE
established.
AUCTIONS.
MR. COPPOLA Moved
Pursuant to Councilmember Richard Fontana's request on
That the above communication from the Commissioner of
November 9, 2004 at the Finance Committee Meeting, the
Public Works, Parks and Streets dated December 9, 2004, be
Buffalo Police Department submits the following list of
received and filed; and
proposed vehicles for disposal/auction:
That the Commissioner of Public Works, Parks and Streets,
Vehicle Number Year Make
be, and he hereby is authorized to award contracts for the
135 1991 Chevrolet
Delavan Fillmore Fire Station Construction, to the lowest
136 199l Chevrolet
responsible bidders for General Construction to Picone
157 1991 Chevrolet
Construction Corp. in the amount of $1,458,000.00; for
345 1993 Jeep
Plumbing Work to L & D Johnson Plumbing & Heating, Inc., in
381 1983 Chevrolet
the amount of $222,000.00; for HVAC Work to Parise
799 1987 Buick
Mechanical Inc., in the amount of $174,300.00; for Electrical
805 1988 Chevrolet
Work to Tunney Electric, Inc., in the amount of $154,800.00.
861 1988 Chevrolet
Funds for the project are charged to an account to be
969 1999 Ford
established.
The disposal/auction of the above listed vehicles is contingent
NO. 19
upon the approval of the Common Council for the purchase of
REPEAL TWO-WAY TRAFFIC FOR
eight (8) Ford Taurus's as was approved in the 2004/2005
MICHIGAN AND MASTEN AVENUES
Buffalo Police Department budget
ITEM NO. 125, C.C.P. 11/16/04
REFERRED TO THE COMMITTEE ON FINANCE
The referenced item was sent to this department for a
response.
NO. 23
The conversion of traffic on Michigan and Masten Aves. to two-
"OPPOSITION TO ELIMINATING HOUSING AUTHORITY
way was previously ordinanced in accordance with Section 15-
POLICE OFFICERS"
8. of the Charter of the City of Buffalo. In order to now make
#123C.C.P NOVEMBER 16, 2004
both streets one-way, the same Charter requirements must be
In response to Resolution #123 CCP November 16, 2004,
applied. Thus, the City Engineer would need to agree with the
please be advised that the Buffalo Police Department considers
change, and then file the proper ordinance amendments with
it feasible to merge the BMHA Public Safety Department with
the Common Council for their consideration.
the Buffalo Police Department. However, any such merger
Also, the cost of the conversion from one-way to two-way was
would have to meet a number of Civil Service, NYS Bureau of
paid for by the Federal Highway Administration, the State of
Municipal Police and Labor Relation requirements. Budget
New York, and the City. According to the agreements with the
issues would additionally have to be addressed either by
State and Federal governments, "in the event that the
securing HUD reimbursement and/or increased appropriations
Municipality withdraws its approval of the project, or suspends
to the Departments current budget to cover increased
or delays work on the project, the Municipality shall refund all
personnel expenses.
reimbursements received....". The total cost of the project was
Furthermore, Control Board approval would be required. To
approximately $1,415,000. The Federal share is $1,132,000
date, the body has required the Department to attrition sworn
and the State share is $208,000. Some of this funding has
personnel consistent with the existing contract between the City
already been received.
and the PBA.
If we were to withdraw our approval, we would need to repay
REFERRED TO THE COMMITTEE ON COMMUNITY
Federal Highway Administration $578,000 and forgo the
DEVELOPMENT
$554,000 that is still owed to us. We would also need to repay
the State $11,000 and forgo the $197,000 that is still owed. We
NO. 24
would be, therefore, forfeiting $1,340,000 in Federal and State
"REPEAL TWO-WAY TRAFFIC FOR MICHIGAN AVENUE
reimbursements.
AND MASTERN AVENUE"
REFERRED TO THE COMMITTEE ON LEGISLATION
ITEM #125, C.C.P. NOVEMBER 14, 2004
PASSED
AYES - 9 NOES - 0
As per your request please be advised that there have been
FROM THE CORPORATION COUNSEL
(13) reported accidents that have occurred on Michigan
Avenue and Masten Avenue between North Street and East
NO. 28
Ferry Street from October 1, 2004 through November 23, 2004.
COUNTY PURCHASE OF CITY WATER
REFERRED TO THE COMMITTEE ON LEGISLATION
I am in receipt of a request for information regarding the above-
FROM THE COMMISSIONER OF FIRE
referenced item from the Finance Committee. As per the
request of your Honorable Body, I am providing the following
NO. 25
information regarding the purchase of the City water system by
PURCHASE OF VEHICLES
the County.
The Buffalo Fire Department is requesting permission to
With respect to the date for Council approval, there is no set
purchase eight (8) to nine (9) vehicles utilizing grant monies
date for approval at this time. The time frame that should be
received from The Urban Area Security Initiative as identified in
considered by the Council involves the financing the County will
our grant proposal. The number of vehicles purchased will
utilize to purchase the City water system through the
depend on the price received once the bids are returned from
Environmental Facilities Corporation (EFC). This funding will
the Division of Purchase. Vehicles to be purchased will be
end on September 30, 2005. Therefore, the following must
Chevy Suburbans and Ford F-350 pick-ups or equal to be used
occur to meet this deadline:
for homeland security response.
Common Council adopts resolution to have referendum in the
REFERRED TO THE COMMITTEE ON FINANCE
City, outlining the text to be included in the referendum, poll
times, poll districts etc. no later than early January, 2005. This
NO. 26
would allow for enough time for a public education period.
CITY OF BUFFALO AUTHORIZED BUT UNISSUED
Special referendum to be held no later than February 28, 2005.
BONDS
The City Charter allows for a special referendum pursuant to
The Buffalo Fire Department recommends the Capital
§23, and the resolution passed can be not less than thirty (30)
Improvement Budget Amount totals for 2005 be retained.
days and no more than sixty (60) days from the date of the
The MMA Consulting Group's Manangement and
actual referendum.
Organizational assessment of the Buffalo Fire Department
3. If the referendum passes, then the State legislature would
recommends future downsizing efforts be predicated only by
have to amend the Erie County Water Authority Law.
the consolidation and building of new firehouse facilities.
4. DEC, Department of Health and other agency approvals will
Elmwood/Hertel
be necessary.
Delevan/Fillmore
The Council should be aware of the fact that the cost of the
Main/Mercer
special referendum is to be covered by the City. The Board of
Bailey/Genesee
Elections has estimated a cost of $13,000 if all 300 polling
Bailey/Abbott
districts are to be included. The Council may consolidate the
Kensington/Bailey
polling districts, so that the voting will be convenient for all
The Fire Department is in desperate need of replacement
residents. The $13,000 figure does not include any overtime
apparatus. There are currently 15 Front-Line fire vehicles over
that may be incurred depending on the circumstances. The
15 years old. The current fire department replacement policy of
Board of Elections needs approximately one (1) month to
15 years Front Line and 5 years Reserve is not adequate by
organize the special referendum. Any time less than the one
MMA standards. MMA suggests the current fleet be stabilized
month may cause for more expense to the City.
with heavy up front acquisitions and then stabilized with turn-
REFERRED TO THE COMMITTEE ON FINANCE
over purchases of 2 Engines and 1 Ladder each year.
Establishing such a policy would enable the Department to
NO. 29
implement a complete vehicle turn-over every 12 years and is
POSSIBLE MERGER OF BUFFALO SEWER AUTHORITY
much more in line with the standards of comparable fire
AND THE BUFFALO WATER SYSTEM
departments.
(ITEM NO. 146, C.C.P., 11/30/04)
The breakdown of apparatus requests include the purchase of:
Prior Council Reference:
4-5 Class A Foam-equipped Engines ($275 - $300,000/each)
I am in receipt of a request for information regarding the above-
100 f. Tower Ladder ($750 - $800,000)
referenced item. As per the request of your Honorable Body, I
100 ft. Rearmount Ladder ($675 - $700,000)
am providing the following information regarding the possibility
The total estimated cost of these immediate purchases is
of merging the Buffalo Sewer Authority and the Buffalo Water
$2,750,000 or exactly one-half of the 5.5 Capital Budget
System.
request.
Legally, two separate legal entities cannot be merged. Each
Mr. Coppola moved
separate entity, the Buffalo Sewer Authority and the Buffalo
The Capital Improvement Budget Amount for 2005 in its
Water System, would have to follow the State guidelines as
entirety shall be retained is hereby approved
outlined in the Public Authorities Law to dissolve each entity,
PASSED
and then new State legislation would have to be enacted
AYES - 9 NOES - 0
providing for the combination of both services. This can only be
accomplished through amendments to the State legislation.
NO. 27
REFERRED TO THE COMMITTEE ON FINANCE
CERTIFICATE OF APPOINTMENT
Appointment effective November 29, 2004 in the Department
NO. 30
of fire to the Position of Deputy Commissioner of Fire at the
INCREASING DOWN PAYMENT FOR CITY
Starting Salary of $89,372
FORECLOSURE SALE (ITEM NO. 149, C.C.P., NOV. 30,
Mr. Coppola moved
2004)
that the appointment of J. Gregory Love as Deputy Fire
I am in receipt of a request for information regarding the above-
Commissioner of is hereby approved.
referenced item. As per the request of your Honorable Body, I
am providing the following information regarding increasing the $220,000).
down payment required for purchase of a property at the City The State of New York will build a State Park on property
foreclosure sale. adjacent to the Small Boat Harbor.
The Real Property Tax Law does not mandate any specific The NFTA will withdraw four (4) claims filed against the City of
down payment a municipality may require at an in-rem Buffalo seeking monetary compensation of approximately one
foreclosure sale. Therefore, there are no legal obstacles in million ($1,000,000) dollars. This includes two (2) pending
changing the required deposit from 20% to 33%. However, Supreme Court lawsuits.
there is no ordinance that outlines this requirement, but rather State money received by the NFTA (i.e. $4,000,000) will be
the Agreement of Sale utilized by the Department of utilized to benefit Metro bus and rail service.
Assessment and Taxation during the in-rem sale. This In return for the above, the City of Buffalo has agreed to the
document would need to be amended to require a 33% deposit following:
on all purchases at the foreclosure sale. The City will release its reversionary interest in NFTA lands
REFERRED TO THE COMMITTEE ON LEGISLATION along the waterfront;
The City will extend its lease to the NFTA for the Main-LaSalle
NO. 31 Park and ride lot for ten (10) years at the current lease rate of
INVOICES TOSH COLLINS & CAZENOVIA ICE RINK one dollar ($1.00) per year (i.e. from 2009 to 2019).
MONITORING PRIOR COUNCIL ITEM #54, C.C.P. 11/16/04 The City will withdraw its claim in the amount of thirty-five
I am in receipt of the above-referenced Common Council thousand ($35,000) for clean-up work performed by the
Communication. As per the request of your Honorable Body, I Mayor's Impact Team on NFTA land.
am providing the following information regarding invoices for With regard to various issues raised by the Common Council at
expenses at Tosh Collins and the Cazenovia Ice Rink. earlier meetings on this subject, I wish to advise the Council of
The agreement between the City of Buffalo and the County of the following. First, the NFTA has agreed to designate two (2)
Erie requires the County to recognize and honor all City of individuals to serve as liaisons to the City of Buffalo to address
Buffalo contracts in effect at the time of the County/City any constituent issues in the future. Secondly, the NFTA has
agreement. Therefore, because there were valid contracts for agreed to narrow the definition of transportation purposes" to
Tosh Collins and the Cazenovia Ice Rink at the time of the benefit the City of Buffalo. In this regard, the City's outside
County/City agreement signing, the County is required to pay counsel has proposed language, which the NFTA has agreed
all invoices regarding the operation and maintenance of these to. The NFTA has provided a letter explaining that the
facilities. $4,000,00 in State money will not be used to fund capital
REFERRED TO THE COMMITTEE ON FINANCE improvements on Main Street. The NFTA has also provided a
written response on the issue of pursuing federal money for
NO. 32 light rail expansion. A copy of two (2) letters and an e-mail
NIAGARA FRONTIER TRANSPORTATION addressing these issues are attached.
AUTHORITY PROPERTY REVERSION Bruce Zeftel, the City's outside counsel in the NFTA litigation,
LITIGATION and I will be available at caucus on Monday to answer any
(ITEM NO. 133, C.C.P., 2/3/04) questions regarding this settlement agreement.
Please find enclosed for your review and approval the Mr. Coppola moved
proposed Settlement Agreement relating to the Niagara Frontier That the attached settlement agreement be approved between
Transportation Authority ("NFTA") property reversion litigation. the NFTA and the City, and also authorized the Mayor to sign
The settlement agreement recognizes the City's reversion all documents, deeds, etc necessary to effectuate the
interests in the Small Boat Harbor and Seaway Piers. ha finalization of the agreement
general terms, the settlement agreement will facilitate the Furthermore, all said documents must be first submitted to the
development of the Outer Harbor and Small Boat Harbor. The Corporation Counsel’s Office for Review and Approval
specific benefits of the settlement agreement are as follows: PASSED
The City of Buffalo will have significant participation in the AYES – BONIFACIO, COPPOLA, DAVIS, FONTANA,
presently ongoing development process. Specifically, the Mayor FRANCZYK, GRIFFIN, RUSSELL, THOMPSON - 8 NOES –
and the Common Council will each have one appointment on GOLOMBEK - 1
the Outer Harbor Evaluation Team. Meetings have already
taken place. The City will also have two (2) representatives on NO. 33
the Citizen's Advisory Review Panel. The preferred developer is PERSONAL AND EMPLOYEE BACKGROUND
expected to be selected in January 2005. INFORMATION PRIOR COUNCIL REFERENCE:
The agrees to abide by the City's Local Waterfront I am in receipt of a request for information from the Civil
NFTA
Service Committee regarding the above-referenced item. As
Revitalization Plan ("LWRP") to be approved by the Common
per the request of your Honorable Body, I am providing the
Council;
following information regarding disclosure of personal and
The City of Buffalo will receive P.I.L.O.T. payments on property
employee background information to the Common Council.
used for non-transportation purposes pursuant to § 1299-U of
Pursuant to Civil Service Law and the Freedom of Information
the Public Authorities Law. Any P.I.L.O.T Agreement would be
Act, a City employee hired for a non-competitive class position
subject to and require the consent and approval of the City of
is not required to provide specific information regarding the
Buffalo. In this regard, the NFTA has agreed to limit the
employee's prior employment and background information. Any
definition of "transportation purpose" with measurable
information regarding the employee's job history with the City of
benchmarks to facilitate revenue coming to the City of Buffalo.
Buffalo may be disclosed to the Common Council.
Moreover, if no development takes place within ten (10) years,
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
title will revert to the City of Buffalo.
The City of Buffalo will receive 50% (fifty percent) of the net
NO. 34
lease or sale proceeds after expenses relating to the Seaway
UNIFORM POLICY IN BUFFALO PUBLIC SCHOOLS
Piers.
Prior Council Reference:
The NFTA will deed land near the Main-LaSalle housing
I am in receipt of a request for information regarding the above-
development to the City for one dollar ($1.00). (Note: In May
referenced item. As per the request of your Honorable Body, I
2000, the City had discussed purchasing the land for
a Performance Bond as per section 96-7 (b) of the City
Charter, for the company listed below. It has requested
consideration due to being a small business and the hardship
am providing the following information regarding a uniform
of the cost in supplying a performance bond or alternatives.
policy in the Buffalo Public Schools.
The commodity was competitively bid and award was made to
Pursuant to the New York State Education Department, a
the lowest responsible bidder meeting specifications. Delivery
mandatory school uniform policy may not be implemented in a
and inspection of product is required before payment is
school district. However, a voluntary uniform policy may be
released. Past performance of the company was also taken into
implemented if the following occurs:
consideration.
1. Each school must have an option whether or not to
Contract #7199 Suburban Waste & Recycling Systems -
participate in the uniform policy;
For the purchase of Refuse Cart
2. If a school decides to participate in the uniform policy, each
Lifting Units for the Department of Public Works (Street
parent must have an option whether or not they will permit
Sanitation). Total
their child to participate in the policy;
of contract approx. $43,743.00.
3. The uniform policy, if implemented, must be reasonable, so
MR. COPPOLA Moved:
as not to prevent any low-income families from
That the above communication from the Director of Purchase
participating in the program.
dated December 2, 2004, be received and filed; and
The Council should be aware that the Buffalo Public Schools
That the Comptroller be, and he is hereby authorized to waive
does have a dress code policy, which is allowed by state law to
the performance bond requirements and alternatives to a
protect the health, safety and welfare of the students. There is
Performance Bond as per section 96-7(b) of the City Charter
one school, School #80, that also has a voluntary uniform
for Contract #7199 - Suburban Waste & Recycling Systems -
policy. The following cases discuss both the uniform and dress
for the purchase of Refuse Cart Lifting Units for the
code policies allowable in New York State:
Department of Public Works (Street Sanitation) for a total of
1. Appeal of Pintka, 33 Ed. Dept. Rep. 228 (1993)
$43,743.00.
2. Appeal of Dalrymple, 5 Ed. Dept. Rep. 113 (1966);
PASSED
this is still the law followed in NYS.
AYES - 9 NOES - 0
REFERRED TO THE COMMITTEE ON EDUCATION
FROM THE COMMISSIONER OF PERMIT & INSPECTION
NO. 38
SERVICES
CERTIFICATE OF APPOINTMENT
Appointment Effective: November 22, 2004
NO. 35
in the Department of Administration and Finance
CERTIFICATE OF APPOINTMENT
Division of Budget to the Position of Secretary to the
Appointment Effective:December 1, 2004 in the Department of
Commissioner of Administration & Finance Exempt at the flat
Permit and Inspection Services, Division of Licenses to the
Salary of $29,138
Position of Supervisor of Licenses, Temporary at the third step
Marilyn Fazio, 23 McClellan Circle, Bflo, NY 14220
of $42,504
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Mary Rose Zizzo, 181 Newfield Avenue, Buffalo, NY 14207
FROM THE BOARD OF EDUCATION
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF ADMINISTRATION AND
NO. 39
FINANCE
T. BIONDOLILLO-IMENT TO PURCHASE FORMER
NO. 36
SCHOOL NO. 63
PURCHASING ALLIANCE
RES # 40, C.C.P. 11/30/04
Dear Honorable Body:
Item no: Res./#40, C.C.P. 11/3/04, "T. Biondolillo-Intent to
The Division of Purchase is continuously searching for all
Purchase Former School No. 63"
means in which it may obtain advantageous pricing for its
The School District is currently using Campus North/School
commodities. Currently all items are either bid competitively by
#63 as a school building. At the present time School #80
our office, or purchased through New York State Contract or
Highgate Heights Elementary is occupying the building.
Erie Contract. The Buyers review all available resources to
In the next few years Bennett High School (Grade 9) will be
determine those that will best meet our needs at the lowest
using the building as a swing school while Bennett is under
possible pricing.
construction.
One way of reducing costs is by purchasing in bulk or bidding
We will keep Mr. Hannon's Office appraised of the status of
in volume. If the City of Buffalo could pursue being included in
School #63 over the next few years. Maybe Mr. Biondolillo
the U.S. Communities Government Alliance this would allow us
would be interested in other district facilities which may be
another avenue to possibly save money. To have this included
available.
in section 103 of the general municipal law would be to our
REFERRED TO THE COMMITTEE ON COMMUNITY
advantage.
DEVELOPMENT
The goal of the Purchase Division is to obtain the best possible
FROM THE BUFFALO SEWER AUTHORITY
product at the most advantageous price. If you have any
questions please feel free to contact me at 851-5222.
NO. 40
Sincerely,
POSSIBILITY OF MERGING BUFFALO
Kathleen Fitzpatrick, Director Division of Purchase
SEWER AUTHORITY AND THE
REFERRED TO THE COMMITTEE ON BUDGET AND THE
BUFFALO WATER SYSTEM
CORPORATION COUNSEL
#146 C.C.P. NOV. 30, 2004
The Committee on Legislation has requested a response to the
NO. 37
above referenced resolution.
WAIVER OF PERFORMANCE BOND
It is the position of the Buffalo Sewer Authority (the "Authority")
The Department of Administration & Finance, Division of
to welcome any innovative ideas that would result in benefits to
Purchase is requesting permission from your Honorable Body
the Authority and its' ratepayers. The suggestion of merging
to waive the performance bond requirements and alternatives to
with the Buffalo Water System is an idea that is regularly
Appointment Effective: 11/16/2004 in the Department of
Common Council to the position of Intern V, Seasonal NON—
visited during yearly budget negotiations. At this time, the
COMPETITIVE at the FLAT Starting Salary of $8.00
Authority has no plans for such merger, but is open to
Rosemarie Lakatos, 189 Commonwealth Ave, Buffalo, NY
comprehensive presentations of such that would result in
14216
positive gains for the ratepayer, and be beneficial to the
CERTIFICATE OF APPOINTMENT
Authority.
Appointment Effective 11/16/2004 in the Department of
REFERRED TO THE COMMITTEE ON FINANCE
COMMON COUNCIL to the Position of Intern IV,:SEASONAL,
Non Competitive at the FLAT Starting Salary of $6.00/ HOUR
FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY
Benedict Ladik, 168 Lovering Ave, Buffalo, NY 14216
NO. 41
NO. 44
MEMORANDUM OF AGREEMENT BETWEEN BMHA &
NOTICES OF APPOINTMENTS - SEASONAL/FLAT
LOCAL 264, BLUE COLLAR, WHITE COLLAR &
I transmit herewith certificates received by me, reporting
MANAGERIAL UNITS & NON-REPRESENTED & EXEMPT
seasonal and flat salary appointments made in various
EMPLOYEES TO CHANGE TO A SINGLE HEALTH
departments.
INSURANCE PROVIDER
RECEIVED AND FILED.
We respectfully request that your Honorable Body consider
CERTIFICATE OF APPOINTMENT
and approve the attached Memorandum of Agreement between
Appointment Effective: December 7, 2004 in the Department of
the BMHA and Local 264, AFSCME, AFL-CIO, Blue Collar,
Public Works, Division of Water to the Position of Clerk
White Collar and Managerial Units. Local 264 represents 254
Seasonal Appointment at the: Flat Starting Salary of $8.15/hr
employees, which is approximately 76% of the total workforce.
Sally Tutuska, 324 Germania Street, Buffalo, New ork
Y
This Agreement was negotiated in the interest of changing to a
14220
single health insurance provider, Blue Cross/Blue Shield,
Traditional Blue. The BMHA will be eligible for experience rated
NO. 45
premiums and will be under the umbrella of the City of Buffalo's
APPOINTMENTS - TEMPORARY, PROVISIONAL OR
plan. The parties reached the agreement after a prolonged
PERMANENT
period of negotiations.
I transmit herewith Appointments in the various departments
When final approvals are received, the BMHA will change all
made at the Minimum (Temporary, Provisional or Permanent)
Local 264 employees, as well as all non-represented and
(as per contract requirements).
exempt employees, to the Traditional Blue plan effective
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
January 1, 2005.
CERTIFICATE OF APPOINTMENT
The BMHA is currently negotiating to change to a single health
Appointment Effective December 6, 2004
insurance provider with Local 17, International Union of
in the Department of Audit and Control Division of
Operating Engineers, representing our heating plant personnel,
Accounting to the Position of Junior Accountant, Provisional
and with CSEA, representing Public Safety. It is projected
appointment at the first step of $28,772
that the BMHA will save approximately $340,000 for the
Demetria Aleeah Harris, 115 Mortimer Street, Buffalo NY
remainder of the fiscal year ending June 30, 2005, if all
14204
bargaining unions agree to the change.
Mr. Coppola moved
NO. 46
That the above communication from the Executive Director of
APPOINTMENTS - TEMPORARY, PROVISIONAL OR
Buffalo Municipal Housing Authority dated December 9, 2004,
PERMANENT
be received and filed; and
I transmit herewith Appointments in the various departments
That the Memorandum of Agreement between the Buffalo
made at the Minimum (Temporary, Provisional or Permanent)
Municipal Housing Authority and Local 264, AFSCME. AFL-
(as per contract requirements).
CIO, Blue Collar, White Collar and Managerial Units, changing
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
all Local 264 employees, non-represented and exempt
Certificate of Appointment
employees, to the Traditional Blue plan effective January 1,
Appointment Effective12/13/04 in the Department of Public
2005, be and hereby is approved and ratified.
Works, Division of Streets to the Position of Street Worker,
PASSED
PERMANENT APPOINTMENT at the
AYES - 9 NOES - 0
Starting Salary of $26,779
FROM THE CITY CLERK
Richard K. George, 102 Richmond
NO. 42
Ave, Buffalo, NY 14222
LEAVES OF ABSENCE WITHOUT PAY
Certificate of Appointment
I transmit herewith notifications received
Appointment Effective12/13/04 in the Department of Public
by me, reporting the granting of the leaves
Works, Division of Streets to the Position of Dog Control
of absence without pay, in the various departments as listed:
Officer, PERMANENT APPOINTMENT at the Starting Salary
Police-
XWarren D. Domblisky
of $26,458
X Permit and Inspection Services-Management Information
Anibal Sepulveda Jr, 394 Plymouth Ave, Buffalo, NYY 14213
Mary rose Zizzo
RECEIVED AND FILED.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
NO. 43
NON-OFFICIAL COMMUNICATIONS
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
NO. 47
I transmit herewith appointments to the position of Council
286-290 OAK STREET BUFFALO, NEW YORK S.B.L.
Intern.
#111.46-5-7
Mr. Coppola moved the to Receive and file sai item.
Dear Mr. Hannon:
ADOPTED
As we discussed last week, I would like to bring to the attention
CERTIFICATE OF APPOINTMENT
of the City of Buffalo that Pyramid Brokerage Company
represents a party interested in acquiring the above referenced THE BERC
parcel.
The property in questions is currently occupied by the Buffalo NO. 49
Board of Education and I understand B.U.R.A. is advocating its NIAGARA MOHAWK SERVICE OF STREETLIGHTS
sale (along with an adjacent former school) to another Dear Mr. Chwalinski:
developer. Please file the attached item for the Common Council meeting
In the event that the current contract for the sale of 290 Oak to be held on November 16, 2004.
Street is not approved by the Common Council or the Board of Attached article available for review in The City Clerk’s Office
Education, our buyer will happily pay $55,000 in cash to the REFERRED TO THE COMMITTEE ON FINANCE
City of Buffalo for the purchase of this property. I understand
this figure would, if passed through to the school system, offset NO. 50
expense incurred in vacating the property. MERGER OF DIVISION OF WATER WITH ERIE COUNTY
Our buyer is eager to acquire this parcel. It adjoins his WATER AUTHORITY
development site which is currently listed for sale with Pyramid. Dear Mayor Masiello;
The importance of 290 Oak Street to our buyer is that this I am writing this letter as a businessman, property owner and
parcel offers the possibility of parking to any prospective concerned citizen to discourage a takeover of the Division of
purchaser of the Genesee and Oak Street development site. Water by the Erie County Water Authority. The sale of our
Failure to secure parking for this site will impede any most valuable natural resource is short sighted at best. The
development of this key intersection. City is well into the painful process of reducing the size of
Our client's parcel has been a vacant detriment to the entrance government which in my opinion puts the City ahead of many
of downtown for, admittedly, a number of years. Without other governments and public agencies in the area. Take
parking, it is likely to remain so. As you know, our client has advantage of this head start and continue to do the hard work
attempted to acquire 290 Oak Street a number of times over of reinventing City government and hang onto an asset that can
the past half decade; the Board of Education was previously only help in this process. Do not sell it for expediency.
unwilling to part with it. As a contractor in this area for over 25 years who has worked
The best and highest use of 290 Oak Street involves sale to for the City and the ECWA I can tell you first hand that the
our prospect as opposed to the developer to whom it is Division of Water is the better of the two in terms of completing
currently under contract. Why? Because that developer has work in a first class and cooperative manner. This is especially
other parking opportunities available to him from adjacent land true when the age of the system is taken into consideration. Do
owners. By contrast, our buyer is landlocked. Without parking, not fall prey to the bigger is better scenario. Do we really want a
our buyer's corner cannot be reasonably developed. single entity to have a monopoly on life sustaining and business
With parking, it will be far more appealing to tenants and sustaining water? I believe this is a formula for disaster and will
developers. Moreover, the prominence of this site makes only serve to place more power in an uncontrollable public
redevelopment more important for the City of Buffalo than entity.
redevelopment of the school (although both projects can be As we have seen in recent days the County and State are
accomplished if 290 Oak Street is sold to our buyer). probably in as bad if not worse shape than the City. Keep the
I have included in this letter a copy of our offering for our water system and use it to build a better City of Buffalo. The
client's development site. City has begun the journey to turn itself around; it must
Please advise B.U.R.A. and others that our client will enter into continue on that path and utilize all its assets toward that end.
a contract of sale with the City of Buffalo for the parcel REFERRED TO THE COMMITTEE ON FINANCE
referenced above immediately upon notification by the City that
such a contract would be acceptable. NO. 51
I look forward to your response. Thank you. BURGARD HIGH SCHOOL
RECEIVED AND FILED To: All Parents of a Burgard High School Student
PLEASE !!! Your children need you. You are needed tragically
NO. 48 in order to stop the "SABATOGE" of your children's future.
UPCOMING RESOLUTION FOR PBT-FREE PURCHASING Your child will not succeed if the top level administrators are
IN THE CITY OF BUFFALO not watched, questioned, and made unable to continue
Dear Council Members: "railroading" these pupils with no one to stand up for them.
As you know, the Buffalo Environmental Management Myself being a male teacher, I don't suffer the disrespect nearly
Commission (BEMC) is the official citizen environmental as much as the female staff, and definitely not nearly as much
advisory body to the City of Buffalo under both New York State as the students, however I have to remain anonymous
law and Buffalo's municipal ordinance. otherwise I would receive tremendous retribution if I openly
Even though our City and Region face enormous fiscal and revealed these things. Our hushed whispers and conversations
social challenges, we believe that the toughest issue of all is among our staff has the same opinions amongst us all
our stewardship of precious natural resources. The regarding the way this school is run, or should I say NOT
environment affects everything we do. RUN!!!
We understand that a resolution for PBT-Free Purchasing will We have a Asst. Principal who "openly" displays racisim,
soon be introduced to the Common Council. Persistent disdain towards Afro-American male students and extreme
bioaccumulative toxic chemicals are an increasing threat to the disrespect for the Afro-American female students, not to
safety of our drinking water, as well as the natural habitats that mention violent tendencies, and racial statements are
the Great Lakes engender. consistent regarding most of the schools black student body.
You all will hear more on this topic, but please be aware of its This is the same Asst. Principal who earlier this school year
importance. The BEMC supports, and urges The Common punched a black, female student (Ebony Anderson) in the face
Council to support the proposed policy to phase out purchase with his fist, and would have fought her more if he had not been
of products that contain or produce PBTs. Such a green physically restrained by another male teacher who was present.
purchasing policy would be a large step forward to sustainable This is the same Asst. Principal who also punched a black
operations and likely allow enormous savings in cost. female student with his fist during his "evil reign" at Kensington
REFERRED TO THE COMMITTEE ON LEGISLATION AND High School prior to his arrival at Burgard. This is the same
Attached for
review in the City
Clerk’s Office
Asst. Principal that laughs while he says that "students at this Please file the attached correspondence for the upcoming
school should be expected to be assholes, because this district Council Session to be held on Tuesday, December 21, 2004
is full of parents that are assholes". He's even said that "if the for further discussion.
pregnant students were not always in bed with men, like their Thank you in advance for you assistance in this matter.
mothers are, then there wouldn't be so much pregnancy like Sincerely,
wild jungle tribes". Brian C. Davis
To hear a huge portion of many comments he says would Ellicott District Councilmember
DEFINITELY be confirmed and exposed if there was th,
Questions for Meeting Wednesday, December 8at 2:00
confidentiality assured that no one would know who came
p.m.
forward. But, he can't and WON'T- be stopped unless
"YOU"
Room 1417 City Hall
parents step up! The unions make it impossible to remove an
1. Where can an individual obtain all records relating to the
administrator. But, as parents, you can listen to your children
New York State Department of Environmental Conservation
when they say that "they are wrongly suspended or displined"
aspect of this proposed dock project, including but not limited
by him. I am telling you parents of Burgard students from my
to the application to the DEC and the "short environmental
own observations and mouth that many, many instances he
th
assessment" which the November 10Single Page
does use false reasons to administer disciplinary actions
Communication says was filed?
toward your children.
2. Where can an individual obtain all records relating to the
Where is the Principal while all of this is occurring? Good
U.S. Army Corps of Engineers aspect of the proposed dock
question. Usually, behind closed office doors with his "friend".
project, including but not limited to the application to the Corps
Although his "friend" is a paid classroom teacher, a
th
and the permit referred to in the November 10Single Page
Communication?
3. Where can an individual obtain a copy of the final contract
between Brand-on Services and the City of Buffalo as well as
any backup documents, earlier proposed versions of the
contract, etc.?
REFERRED TO THE COMMITTEE ON EDUCATION AND
4. Where can an individual obtain all written documents relating
THE BOARD OF EDUCATION
to how the City Department of Public Works requested the
Office of Strategic Planning to assist in advising residents of
the various condominiums across from the Marina about the
Th
paid substitute teacher is normally sent to her classroom to
proposed dock project, as referred to in the November 10
teach her class, while she is busy for the principal in the main
Single Page Communication?
office. Doesn't sound like the city is too broke to me!
5.Where can an individual obtain all written documents relating
Please, speak up & do something to end this educational
to how the Department of Public Works was advised
homicide that is being done to Burgard High School students.
that the
It's not the school that's failing; it's the top-level administrators
dock plans were sent to the residents of the various
that are making sure it fails.
condominiums across from the Marina, and "that no
Please make them accountable.
th
objections were received" as described in the November10
REFERRED TO THE COMMITTEE ON EDUCATION AND
Single Page Communication?
THE BOARD OF EDUCATION
6. Where can an individual obtain drawings which depict how
the proposed docks will be configured in relationship to Gull
NO. 52
Landing docks as well as to, and distinguished from, "the
FENCING AT SCHOOL 36 PARKING LOT AND
th
retaining wall at Gull Landing" described in the November 10
PLAYGROUND
Single Page Communication?
Dear Mr. Chwalinski,
7. What would be the distance between the proposed docks
Please file the attached correspondence for the upcoming
across from the Gull Landing area and the Gull Landing docks
Council Session to be held on Tuesday, December 21, 2004
as opposed to the retaining wall?
for further discussion.
8. Has there been an assessment of the boat traffic patterns
Thank you in advance for you assistance in this matter.
that would predictably occur in relationship to the boats: (1)
Copy available in the City Clerks Office for review
which launch on day passes from the area next to Shanghai
REFERRED TO THE COMMITTEE ON EDUCATION AND
Reds, (2) which are parked in rental spaces with launch
THE BOARD OF EDUCATION
privileges for the entire summer, (3) which can reasonably be
expected to circle into this tight harbor to see Shanghai Reds --
NO. 53
all in addition to the proposed new dock boat occupants?
TOWNE GARDENS WATER BILL
9. Has there been an assessment of the proposed impact of
Dear Mr. Chwalinski,
120, or 80, or any other number of additional slips on parking
Please file the attached correspondence for the upcoming
and use of other facilities by all of the boating and non-boating
Council Session to be held on Tuesday, December 14, 2004
publicwho currently enjoy use of the Erie Basin Marina area for
for further discussion.
a variety of recreational purposes?; and in the future, the added
Thank you in advance for you assistance in this matter.
new restaurant-related users?
Brian C. Davis
10. What might be the implications for possibly
Ellicott District Councilmember
circumventing any environmental, engineering, or other
Copy available in the City Clerks Office for review
obstacles to the approval of this dock project by "piecemealing"
REFERRED TO THE COMMITTEE ON FINANCE
the project, for example, proposing currently to install only 80
slips but with an option for 40 or some other number of slips in
NO. 54
the future? And related to this, does the contract between the
GULL LANDING DOCKS
City and Brand-on Services address this quantity of docks
Dear Mr. Chwalinski,
issue?
REFERRED TO THE COMMITTEE ON LEGISLATION Article available for review in the City Clerk’s Office
REFERRED TO THE COMMITTEE ON FINANCE
NO. 55
DISPOSAL OF JN ADAM DEVELOPMENT CTR NO. 58
PERRYSBURG NY DEVELOPMENT OPPORTUNITIES AT STEELFIELDS
This letter is s follow up to our conversation of last week, in PROPERTY IN BUFFALO AND COMMUNITY BENEFITS
regard to the disposal of the J. N. Adam Development Center FOR SURROUNDING NEIGHBORHOOD
In Perrysburg New York Dear Mr. Werthman:
Our organization mirrors your concern for the "proper long-term Over the past two months my office has tried contacting you to
stewardship" of this unique property. We have witnessed many set up a meeting with Steelfields concerning potential
instances in Cattaraugus County where immediate remedies incentives for the Steelfields property in Buffalo, as well as re-
for aged or abandoned facilities became long-term burdens to funding a portion Value Protection Plan benefits in the Hickory
the residents Woods Neighborhood. Our attempts to restart a dialogue were
We are not questioning the character of the Trathen Land made after Mr. Gary Smith, a principle of Steelfields,
Company making the offer. But we question the ask price of represented at a public meeting in the community that he would
the J, N. Adam property and its long-term impact on our urea. meet with myself. Regretfully your attempts to reinitiate
You have stated that the council has not seen: n Timber Cruise communications have been frustrated by your failure to
of the woodland, a long term Forest Management PIan or a respond to our requests for a meeting.
written Business Plan for the stewardship of the property.., only Our ability to designate properties in an Empire Zone is
a financial offer. schedule to expire in March of 2005. This month, is when we
The Cattaraugus Local Development Corporation is a 501 ( c ) begin re-determining Empire Zone boundaries. This is
3 not-for-profit with a mission of community and economic significant because if your property is designated as an Empire
development. Since our founding in 1996 we have bees Zone property the real property and sales tax benefits run for
successful in taking "sick properties" and turning them into 15 years. If we are not able to resolve our differences potential
viable community assets. We have done this through benefits to your property and our community may be lost.
community and governmental partnerships, We have While we are frustrated and discouraged by your corporation's
developed a process for success in dealing with unique unwillingness to meet with us to date, we are once again
situations such as J. N. Adam. requesting a meeting so we can attempt to resolve this matter
I am attaching an outline of a proposal that we have developed and move forward.
and utilized in our "process for success in community and Very truly yours,
economic development)' Whether we were to be involved in the City of Buffalo
ownership and stewardship of this property or the Trathen Land Office of Strategic Planning
Company were to receive ownership, the process makes "sick REFERRED TO THE COMMITTEE ON COMMUNITY
properties" into community assets. DEVELOPMENT
REFERRED TO THE COMMITTEE ON FINANCE
NO. 59
NO. 56 INFO EMPIRE ZONE DESIGNATION
TOPS MARKETS, LLC ("TOPS") BUFFALO STORES: I am writing in response to your letter of October 12. You're
213, 222, 232, AND 250 correct that I offered to meet with you, so why would you call
UNLICENSED TAXI/JITNEY DRIVERS Paul and not me? We as well, are frustrated and discouraged
Dear Mr. Golombek: by the City's position.
On November 18, 2004, a Common Council meeting Steelfields finds little value in pursuing further discussions with
was held to determine whether Tops condones the use of the City regarding its proposal to grant Empire Zone
unlicensed taxi's or jitney's at several of its Tops supermarkets. designation to the Steelfields property ("Property") in exchange
I, Paul Wydro, District Manager appearing on behalf of Tops, for Steelfields agreement to waive its right to the uncommitted
noted that Tops does not condone any outside solicitation of funds in the Hickory Woods Value Protection Plan ("Plan").
any kind, including the use of outside jitney's or unlicensed There are several reasons why we have no interest in
taxi's. Therefore, in an effort of cooperation with the Buffalo continuing that discussion.
Common Council to reduce the use of unlicensed taxi's/jitneys First, the City's position regarding the Plan funds is completely
outside of Tops supermarkets, Tops has agreed in a good faith unreasonable. The agreement in dispute was drafted by the
effort to enforce amore active initiative of keeping the jitneys off City's own counsel, Richard Stanton. The right of Steelfields
of Tops' premises. In addition, Tops has agreed hi a good faith under the agreement to apply the uncommitted funds to
effort to contact the landlords to implement a parking space property improvements is crystal clear and far beyond all
and parking sign exclusively for the use of a licensed taxi serious dispute. Its difficult to have a meaningful discussion
service for the above referenced Tops supermarkets. Tops will with the City when its position is that its agreement doesn't
also enforce its no solicitation, policy with regards to a licensed mean what it says. Steelfields is not alone in this view. Several
taxi service. governmental representatives and residents of Hickory Woods
Tops has always maintained a policy of cooperation with its also agree that the City's "interpretation" of the agreement is
government agencies, especially for efforts involving the absurd.
greater good oft-he community. Second, the designation of the Steelfields property (or a portion
Please feel free to contact me should you have any questions. of it) as an Empire Zone should not be tied to the disposition of
Thank you. the uncommitted Value Protection Plan funds. We were
Sincerely, surprised that the City proposed to designate the site as an
TOPS MARKETS LLC Empire Zone in exchange for the Steelfields agreement to
REFERRED TO THE COMMITTEE ON LEGISLATION waive its right to the funds. The Empire Zone designation
should be based on the criteria under the program, and not on
NO. 57 side deals. We expect that when the property is development
LANDMARK WATER TOWERS MAY RECEIVE NEW ready, it will be considered for Empire Zone designation based
NAMES on the merit of the site and without regard to the unrelated
dispute concerning the fund. As an aside, Tim, it didn't escape Agenda for the next JSCB Inclusion Committee meeting to be
our notice that the City removed Empire Zone designation from held on December
a portion of the Property while these proposals were on the 20, 2004
table, without any apparent reason and even without advising 2005 JSCB Meeting Schedule
Steelfields. Application and Certificate for Payment No. 28 - November
REFERRED TO THE COMMITTEE ON COMMUNITY 2004
DEVELOPMENT Phase II Application and Certificate for Payment No. 2 -
November 2004
NO. 60 Meeting Minutes from JSCB Meeting dated November 1, 2004
FUNDING REDEVELOPMENT HICKORY WOODS Bevlar & Associates Inc. Construction Contract Monitoring and
Dear Brian: Compliance
As a result of your strong commitment to the redevelopment of Services Monthly Report for Addendum 1 Project - October
Hickory Woods, I would like to reaffirm my support for 2004
$500,000 in state capital funds for this project. The Buffalo Team Progress Report - November 2004
Delegation has recommended that the source of funds for this RECEIVED AND FILED
project come from a reappropriation for $50 million authorized
by Chapter 55 of the Laws of 2004 for economic development, NO. 63
historic preservation, cultural or transportation projects within HICKORY WOODS
Downtown Buffalo, the Buffalo Inner Harbor Area, or Dear Mayor and Honorable Members:
surrounding environs. I will be advancing this project to be th
As I conclude my role as Assemblyman for the 145District, [
included in a Memorandum of Understanding that must be
wish to convey to you a status report regarding my efforts to aid
executed prior to the disbursement of these funds.
the City as it attempts to meet its obligations relative to the
I am confident that these funds will address a critical need and
Hickory Woods.
provide a lasting benefit to residents of the Hickory Woods
At the request of Mayor Masiello and South District
community- Please be assured that your strong advocacy and
Councilman Griffin, I have aggressively pursued state funding
support continues to play an important role in
to help the City fulfill its commitments to the residents of the
ensuring the ultimate success of this project.
Hickory Woods. Here is a list of the state funding components I
Sincerely,
have pursued:
Sheldon Silver
My Assembly colleagues and I worked aggressively to pursue
Speaker
more than $600,000 in Clean Water/Clean Air Bond Act
REFERRED TO THE COMMITTEE ON COMMUNITY
funding for the remediation of Boone Playground. These funds
DEVELOPMENT
were secured successfully and are available.
We pursued $500,000 for the Hickory Woods value protection
NO. 61
and revitalization program. These funds are currently available
FAIR MARKET VALUE PROTECTION PLAN
to be drawn down by the City. The Assembly's attorneys have
As the Subcommittee begins the mark-up of the VA, HUD, and
advised that this appropriation cannot be disbursed as cash
Independent Agencies Appropriations Bill, I would respectfully
payments to homeowners, as such direct disbursals are
request your assistance in providing an appropriation for the
prohibited by the State Constitution (Article 7, Section 8).
City of Buffalo Fair Market Value Protection Plan (FMVPP).
However, these funds can be used for remediation and
As you will note in the enclosed proposal from Buffalo Mayor
redevelopment in the Hickory Woods or for reimbursement of
Anthony Masiello, the FMVPP was patterned after the
expenses associated for the same which have already been
Syracuse Value Protection Plan funded in part through VA,
incurred, thus saving the City the cost of such remediation and
HUD, and Independent Agencies appropriations.
redevelopment, and thereby freeing up $500,000 in less-
Working with the assistance of the Department of Housing and
restricted City funds for the Value Protection Program. This
Urban Development (HUD) the City of Buffalo is attempting to
indirect aid to the Value Protection Program was a subject my
create a mechanism to guarantee property values in targeted
consultations with the Mayor throughout this process.
neighborhoods.
I was asked by the Mayor to pursue this $500,000 to
The City's first priority is the Hickory Woods neighborhood.
supplement the $800,000 which was to have been provided
The City of Buffalo anticipates a need for $800,000 in federal
under the City's settlement with LTV and Steelfields. The
funds to implement a FMVPP which will stabilize the Hickory
state's process for disbursing the funds is similar to the
Woods portion of the Plan.
process for several other capital improvement grants I have
Thank you very much for your consideration, Mr. Chairman.
secured for the City (such as the McClellan and McKinley
Very truly yours,
Circle improvements). In this process, with which the City is
Member of Congress
familiar, as the City incurs costs for the project they are
REFERRED TO THE COMMITTEE ON COMMUNITY
reimbursed by state funds for these costs as per a contractual
DEVELOPMENT
agreement between New York State and the City of Buffalo.
Funding is available for aid to municipalities for capital and
NO. 62
infrastructure improvements. In the recently adopted 2004-
PROGRAM PACKAGING AND DEVELOPMENT SERVICES
2005 budget, we secured an additional $100,000 of these
(PPDS) PROVIDER DECEMBER 7, 2004 BOARD PACKET
funds for Hickory Woods redevelopment. This $100 in capital
DOCUMENTS
funding can be used for sidewalks, paving, playground
Attached are the following documents from the December 6,
amenities and other public capital improvements.
2004 Joint Schools Construction Board Meeting:
Funding is available under the Brownfields Opportunity Area
Draft Agenda
Grant for the planning and redevelopment of brownfield areas.
Resolution Augmenting the Inclusion Committee Structure
We have requested $1 million through this program for the
Resolution of Inclusion Committee approved June 17, 2004
remediation of the Hickory Woods. These funds have not yet
Meeting Minutes from the JSCB Inclusion Committee meeting
been secured, and require approval by the Department of
dated November
Environmental Conservation.
6, 2004
Each of the three components of state funding which have Buffalo, New York 14202
been secured ($600k+ for Boone Playground, $500k for the As per the provisions of SEQR, the City of Buffalo Common
Value Protection and Remediation Program and $100k for Council, conducting an uncoordinated environmental review,
capital improvements), have been approved and are or will be has reviewed the following action as it relates to the
available regardless of the Fact that I will have left the environment:
Assembly. Portable Concrete Batch Plant
In my new role as a Member of Congress, I will continue my Lafarge North America, Inc.
active interest in this neighborhood toward the goal of helping 242 Hopkins Street, Buffalo, New York
the City meet its obligation to relocate those who wish to leave Type of Action: Unlisted
the neighborhood and redevelop the area for those who wish to Description: Lafarge North America, Inc. ("Lafarge") seeks to
remain. establish a seasonal portable concrete batch plant at its
Sincerely, property located at 242 Hopkins Street, Buffalo, New York (the
REFERRED TO THE COMMITTEE ON COMMUNITY "Facility"). The Project Site had previously been operated as a
DEVELOPMENT concrete block plant by Pine Hill Concrete. Lafarge proposes to
use the existing structures on the Project Site as part of the
NO. 64 Facility. The Facility includes the establishment of a portable
OFFER OF PURCHASE PERRYSBURG 649 concrete batch plant, the construction of aggregate storage
Dear Members, bins, and the construction of stilling and holding basins that will
The following is a brief list of proposals to facilitate the sale of manage water used to clean concrete delivery vehicles. In
the Perrysburg property. addition to the infrastructure associated with the portable
1. $380,000 purchase price. concrete batch plant, Lafarge proposes to install additional
2. To the city 20% of the sale price of any or all developed real landscaping along its Hopkins Street frontage as well as paving
estate. access drives for vehicles servicing the Facility. As a result of
3. To the city 15% of rents from all residential buildings for this Environmental Review, the Lead Agency has determined
seven years. the undertaking of this action will not constitute an action
4. No offer of rents on hospital portion { 182 acres}. Rehab significantly affecting the quality of the environment. No further
costs could be enormous. environmental review of this action will be conducted prior to
5. 20% of each of the {next three} planned timber harvests, over project implementation and a Draft Environmental Impact
the next sixteen year period. (Minus 20% Statement will not be prepared.
of the harvest expense.) Mr. Coppola moved
6. A strict harvest plan for the initial and following harvest. A The negative Declaration regarding project site of 242 Hopkins
count of trees to be harvested before each harvest. Tree regarding a portable concrete batch plant is hereby approved
tops will be removed. All branches 5" and wider will PASSED
remain in the woods. Replanting of all harvest areas with AYES - 9 NOES - 0
Black Cherry saplings.
7. A supervisory role for the city in all harvests to ensure all NO. 66
terms are performed. FACT SHEET 858 EAST FERRY
8. A supervisory role for the city to oversee road maintenance The New York State Department of Environmental
and erosion control. Conservation (NYSDEC), in cooperation with the New York
9. No orginal stainglass windows, fixtures, marble floors or clay State Department of Health (NYSDOH), would like to tell you
tile roofing will be removed without written permission the results of additional testing done on adjacent properties to
from the city. the 858 East Ferry Street waste site. The site includes the area
10.Purchaser reserves the right to sell or not to sell any portion highlighted on the drawing below along East Ferry Street in the
of this purchase. City of Buffalo.
11. Purchaser will retain all timber rights to all wooded lands for The Site was the subject of a 1997-98 environmental
sixteen years or more. investigation. That investigation, done by the City of Buffalo,
12.To the city 20% of all hunting and/or recreational leases for found that the Site's soil is contaminated with high levels of
seven years. lead. The contamination is believed to have come from the
13.To the city 15% of all oil and gas leases for seven years. Heyman lead smelting facility. It operated in the vicinity of 750
14.To the city 15% of all agricultural leases {hay or crops} for East Ferry Street until the early 1960s, Based on the results of
seven years. this investigation, the NYSDEC issued a Record of Decision
15.Both parties agree that failure to adhere to any of the above (ROD) in March 1999 which selected a remedy consisting of
stated terms will result in a breach of this agreement. the excavation and removal of the contaminated soil to an
Instrumentation of the contract will follow approved landfill, covering the site with clean soil, and placing
We believe this would be an equitable offer and hope that it deed restrictions on the property. The ROD also required that
meets your standards. adjacent properties be investigated to see if they were also
REFERRED TO THE COMMITTEE ON FINANCE contaminated.
In 2001 and earlier this year testing was done to determine the
NO. 65 full extent of contamination. This investigation included the area
NEGATIVE DECLARATION PORTABLE CONCRETE between East Ferry Street and the railroad tracks, from west of
BATCH PLANTthe TNT Auto property to the vicinity of 750 East Ferry Street
NOTICE Or DETERMINATION or NON-SIGNIFICANCE and the large blue water tower.
This notice is issued pursuant to Part 617 of the implementing The investigation included:
regulations pertaining to Article 8 (SEQR - State Environmental • 114 soil borings on a 100-foot grid covering the area;
Quality Review) of the Environmental Conservation Law. • testing over 360 surface and subsurface soil samples for
Lead Agency: lead;
City of Buffalo Common Council • installation of 4 new off-site bedrock groundwater monitoring
Room 1413, City Hall wells west of the site and, testing the new wells and the 4
65 Niagara Street existing wells to see if the groundwater is contaminated;
and, participate in any Homeland Security or Public Safety Projects
• a magnetic survey of the area to locate the Scajaquada Creek that the City may be involved in.
tunnel and Our goal is to provide the best quality Products and Services
buried objects such as old drums or underground storage designed to meet any specialty need.
tanks. Thank you,
For site related health questions, please contact New York Colleen Russell
State Department of Health's (NYSDOH) representative: President
Mr. Cameron O'Connor Public Health Specialist NYSDOH 584 716-895-1987
Delaware Ave Buffalo, NY 14202 (716) 847-4385 REFERRED TO THE COMMITTEE ON FINANCE
Area investigations AND THE COMMISSIONER OF POLICE
The results from all the investigations conducted at the site are
contained in the October 2004 Pre-Design Investigation NO. 68
Report. The results indicate that surface and sub-surface soil INFO DRUG ASSET FORFEITURE FUNDS
at 858 and the TNT property at 856 E. Ferry Street are Dear Council Member Davis,
contaminated with lead and the contamination is widespread on In response to your questions concerning the handling and use
these properties. The contaminant concentration in soil seems of Drug Asset Forfeiture Funds (DAF), I would offer the
to decrease further west from these two properties but some following information:
isolated areas of high contaminant concentration are found in DAF funds on hand and considered idle total $547,776.89, and
the areas west of the TNTAuto property. The soil contamination earn interest at the rate of 2.01% in a government money
extends up to the eastern side of 750 E. Ferry Street. Based on market account at JP Morgan Chase. All interest earned on the
the new and existing results, the volume of contaminated soil is account is returned to the DAF fund. The accounting process
much larger than the volume estimated initially in the Record of is in compliance with what is required for the handling of these
Decision (ROD). monies.
The results from the groundwater sampling show that there is If you have any further questions or need additional information,
no lead or other site -related contamination exceeding please contact Investment and Debt Officer Richard Calipari In
groundwater standards. my office at 851-5269.
Given the larger volume of contamination, the NYSDEC Sincerely,
believes it will be necessary to expand the area to be cleaned REFERRED TO THE COMMITTEE ON FINANCE
up in comparison to the area identified in the 1999 ROD. A
detailed engineering analysis of remedial alternatives is NO. 69
required and a remedy will be proposed based on this analysis. INFO GAS METERS
The proposed remedial alternative will be presented to the Dear Mr. Rose:
public prior to finalizing any changes to the cleanup plan for the Please be aware that all gas meters installed in the City of
Site. NYSDEC will continue to issue fact sheets like these to Buffalo must meet the requirements of the Fire Code of New
provide you with the current status of this project as work York State, Section 603.9 and chapter 3, Section 12,
proceeds. Subsections 312.1, 312.2 and 312.3.
The NYSDEC has placed site documents for you to read, in I have attached copies of the aforementioned Fire Code
the locations listed below. sections
Any site related questions or concerns can be addressed by RECEIVED AND FILED
contacting Mr. Vivek Nattanmai, at (518) 402-9812; or by email
at vrnattan~,qw.dec.state.ny.us. For health related concerns NO. 70
regarding this site feel free to contact the New York State EMPIRE ZONE DEVELOPMENT POLICY
Department of Health's Mr. Cameron O'Connor, Public Health Dear City Clerk Chwalinski:
Specialist, at (716) 847-4385. Please file the enclosed item with the Council for review and
consideration at the next meeting scheduled on December 14,
NO. 67 2004 at 2pm.
IRON ISLAND SECURITY HOT SPOTS PROJECT Should you have any questions, please feel free to contact me
My name is Colleen Russell and I am the owner of Iron Island directly at (716) 851-5145.
Security which is located in the City of Buffalo's Lovejoy The City of Buffalo's Empire Zone goals and strategy, existing
neighborhood. and proposed, are based upon the City of Buffalo's
We are interested in providing the City of Buffalo with our Comprehensive Plan developed by the City of Buffalo's Office
Security Consulting Services as well as Product Installation of Strategic Planning and the Strategic Plan for Community
and System Design for your "Hot Spots" Project. Currently we Economic Development developed by the Buffalo Economic
have camera systems in place at various locations with local Renaissance Corporation. The Empire Zone is a critical
companies that will suit the needs required by Common component of the comprehensive plan for the city and this
Counsel for the above mentioned project. overall economic development strategy. The Buffalo Economic
Our camera systems require no expensive infrastructures to be Renaissance Corporation (BERC) is the implementing agency
constructed. The systems that we design utilize Verizons for the city's economic development strategy including
existing high speed DSL network to view cameras securely. administration of the New York State Empire Zone.
Our camera systems our highly mobile and very durable and The overall goal of the Empire Zone of the City of Buffalo is the
also can be incorporated into any existing camera system retention and attraction of wealth and job creating private sector
already in place. business enterprise. Specifically, the focus of the economic
As urban security professionals Iron Island Security has development strategy will be to provide access to Empire Zone
already identified other potential "Hot Spot" camera locations benefits to:
with in the City. Our position with in this industry coupled with 1 .) Assist in the retention of large city employers and expand
our products and services can provide the City the assurance existing employers
needed that these cameras will provide operational efficiency 2.) Assist the growth and development of small businesses, in
for many years to come. particular, Neighborhood
As a locally owned company we would like the opportunity to Commercial/Retail businesses, as designated by the CARE
not be allowed to take their exams. What is the penalty for a
teacher missing so many days and the students not rec0iving
hands on training with the equipment?
Program.
This is unfair to the students. How can they learn anything if
3.) Area's (land and buildings) with development potential for
there is no teacher to assist them in running the machinery up
attraction of new business
to four-five weeks of class?
enterprise.
We as parents are not going to tolerate .this type of teaching.
4.) Maintain a land bank of acreage to capture future,
We want Mr. Noud back in the classroom doing the job that our
unforeseen private sector
tax dollars arc paying him to do. We want the Board of
business investment in the city.
Education to be held responsible.
5.) To stimulate private investment and job creation in
If Mr. Aquino can't perform his duties because of his serious
distressed neighborhoods.
health problems then, he should retire since he's close to it
6.) Expand minority business enterprise and women business
anyway. Why should our children suffer because he can't walk
enterprise.
for ten minutes without breaking into a sweat
7.) Maximize resources provided by other federal, state and city
Ms. Goodman, could your organization #ease address this
economic development
matter on behalf of the, seniors at seneca
entities, i.e. Federal Renewal Community, CARE Program, etc.
VERY CONCERNED PARENT
8.) Assist private businesses to create jobs for low-income and
REFERRED TO THE COMMITTEE ON EDUCATION AND
moderate-income
THE BOARD OF EDUCATION
individuals/households and/or residents of low and moderate-
income
PETITIONS
neighborhoods.
9.) Support businesses evolving out of current incubator
NO. 72
programs.
C. JENSON, AGENT, USE 447 BEARD AVENUE,
10.) Support government sponsored and other targeted
TELECOMMUNICATION TOWER
housing development projects in specific areas of the City
(HRG 12/21)
of Buffalo designated by the Office of Strategic Planning
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
of the City of Buffalo.
CITY PLANNING BOARDAND THE CORPORATION
11.)Support private developers in the creation of moderate to
COUNSEL
high income housing within the central business district
and their development of livable space within the
NO. 73
downtown of Buffalo.
S. MAYNARD, AGENT, USE 88 W. CHIPPEWA, FOR AN
12.)Support projects that can present a justification ("but for")
EXTENSION OF ENTRYWAY ENCLOSURE
that without Empire Zone
(NO PUB HRG REQ)
benefits the overall investment climate of the City will be
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
diminished.
CITY PLANNING BOARDAND THE CORPORATION
13.)Entities that abide by existing land use and development
COUNSEL
policies of the City of
Buffalo.
NO. 74
This policy for the City of Buffalo Empire Zone is a balanced
K. MCCLOUD-RESIDENTS OF HICKORY WOODS REQ
approach to addressing the urban economic distress, which is
THE REPLACEMENT OF MR. STANTON
spread over a large and populous geographic landmass of the
Petition from the residents of Hickory Woods. As residents of
city which covers 40 square miles, of which only 10 percent
Hickory Woods we want Mr. Stauton replaced. Mr. Stanton has
could be covered under current Empire Zone boundary
failed consistently to consult with the residents, to consult with
regulations. Success of this policy will be measured in its ability
E.ILC., all advisors and has lost funding because of his
to find a balance in strengthening distressed and underserved
planning. Since there has been no progress in the three areas,
urban commercial strips, fostering
Relocation, Remediation and Remuneration, he should be
REFERRED TO THE COMMITTEE ON COMMUNITY
replaced.
DEVELOPMENT
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT, THE DIRECTOR OF STRATEGIC
NO. 71
PLANNING AND THE MAYOR
SENECA VOCATIONAL HIGH SCHOOL CERTIFIED
AYES – COPPOLA, FONTANA, FRANCZYK, GOLOMBEK,
SHOP TEACHER
GRIFFIN, RUSSELL, THOMPSON - 7
Dear City Clerk Chwalinski:
NOES – BONIFACIO, DAVIS 2
Please file the enclosed item with the Council for review and
consideration at the next meeting scheduled on December 14,
2004 at 2pm.
REGULAR COMMITTEES
Should you have any questions, please feel free to contact me
CIVIL SERVICE
directly at (716) 851-5145.
(BONNIE E. RUSSELL, CHAIRPERSON
Dear MS. Goodman:
I am writing to the organization to formally complain about the
NO. 75
above school and the action (or should I say, lack of action)
BUDGET AND PERSONNEL AMENDMENT 04-OFFICE OF
and disconcern for the education of our children.
THE COMPTROLLER 1042-DIVISION OF AUDIT (ITEM NO.
I have enclosed a signed letter from concerned seniors at
151, C.C.P., NOV. 30, 2004)
Seneca High School for your review,
That the Budget and Personnel Amendment as contained in
Mr, Noud is the certified shop teacher that those students are
Item No. 151, C.C.P., November 30, 2004, be and the same
referring to in the letter. If Mr. Barton needs him to help the
hereby is approved.
assistant principal daily, he should get a certified shop teacher
PASSED
to cover for the class. So far, Mr. Noud has missed over 20
AYES - 9 NOES - 0
days of class at present. If the students miss 28 days they will
COB POLICE DEPT REQUEST FOR COMMENTS USE OF
NO. 76 SURVEILLANCE CAMERAS TO DETER CRIME IN
BUDGET AND PERSONNEL AMENDMENT 55-OFFICE OF LA(POL)
THE COMMUNITY SERVICES 1074-OFFICE OF (CCP#25, NOV 16)
COMPLIANCE 1301 -ADMINISTRATIVE (ITEM NO. 152, That the above item be and the same hereby is Received and
C.C.P., NOV. 30, 2004) Filed
That the Budget and Personnel Amendment as contained in ADOPTED
Item No. 152, C.C.P., November 30, 2004, be and the same
hereby is approved. NO. 85
PASSED R. CUMMINGS - PAY INVOICES FOR TOSH COLLINS &
AYES - 9 NOES - 0 CAZENOVIA ICE RINK CENTRAL ICE RINK MONITORING
(ITEM NO. 54, C.C.P., NOV. 16, 2004)
NO. 77 That the above item be, and the same hereby is returned to the
APPT. SENIOR ACCOUNT CLERK TYPIST(MAX)(MAYOR) Common Council without recommendation.
(CCP#5, NOV 3) Mr. Davis moved
That the above item be and the same hereby is Received and That the above-mentioned item be and the same is hereby
Filed recommitted.
ADOPTED ADOPTED
NO. 78 NO. 86
APPT. SENIOR ACCOUNT CLERK R. CUMMINGS - PAY INVOICES FOR TOSH COLLINS &
TYPIST(MAX)(REV)(MAYOR) CAZENOVIA ICE RINK CENTRAL ICE RINK MONITORING
(CCP#2, NOV 30) (PUB. WORKS)
That the above item be and the same hereby is Approved (ITEM NO. 15, C.C.P., NOV. 16, 2004)
PASSED That the above item be, and the same hereby is returned to the
AYES - 9 NOES - 0 Common Council without recommendation.
Mr. Davis moved
NO. 79 That the above-mentioned item be and the same is hereby
APPT. CLERK (PERM)(INTER)(PW) recommitted.
(CCP#19, NOV 30) ADOPTED
That the above item be and the same hereby is Approved
PASSED NO. 87
AYES - 9 NOES - 0 TRANSFER OF TITLE - URBAN HOMESTEAD - 228
MULBERRY STREET
NO. 80 (ITEM NO. 120, C.C.P., NOV. 16, 2004)
APPT. ADMINISTRATIVE ASSCLERK That the above item be, and the same hereby is returned to the
(PERM)(INTER)(FIRE) Common Council without recommendation.
(CCP#22, NOV 30) Mr. Davis moved that the above item be recommitted to the
That the above item be and the same hereby is Approved Committee on Finance.
PASSED ADOPTED
AYES - 9 NOES - 0 NO. 88
PERMISSION TO RETAIN CONTRACTOR AND ACCEPT
NO. 81 RELATED FINANCING VARIOUS ENERGY
APPT. DEPUTY COMMISSIONER OF IMPROVEMENTS TRAFFIC SIGNALS AND CITY COURT
FIRE(WHITFIELD)(FIRE) (ITEM NO. 18, C.C.P., NOV. 30, 2004)
(CCP#23, NOV 30) That the above item be, and the same hereby is returned to
That the above item be and the same hereby is Received and the Common Council without recommendation.
Filed That the Commissioner of Public Works, Parks and Streets be,
ADOPTED and he hereby is authorized to retain Wendel Energy Services
to perform Various Energy Improvements: Traffic Signals and
NO. 82 City Court and to receive funds from several governmental
NOTICES OF APPOINTMENTS-TEMP/PROV/PERM(CTY agencies to partially finance the projects, as more fully
CLK) described in the above communication.
(CCP#39, NOV 30) PASSED
That the above item be and the same hereby is Received and AYES - 9 NOES - 0
Filed
ADOPTED NO. 89
TOWNE GARDENS, LTD. - WATER SERVICE AT 225
FINANCE HICKORY STREET
(BRIAN C. DAVIS, CHAIRMAN) (ITEM NO. 96, C.C.P., JULY 22, 2003) (ITEM NO. 78, C.C.P.,
NOV. 30, 2004)
NO. 83 That the above item be, and the same hereby is
B. DAVIS-USE OF SURVEILLANCE CAMERAS TO DETER returned to the Common Council without recommendation.
CRIME IN LA Mr. Fontana moved:
(CCP#53, SEPT 21) That the above-mentioned item be and the same is hereby
That the above item be and the same hereby is Received and received and filed.
Filed ADOPTED
ADOPTED NO. 90
NO. 84
S. HANCOX - RESPONSE - WATER MERGER (CCP#75, SEPT 7)
BFLO.WATER SYSTEM & ERIE COUNTY WATER That the above item be and the same hereby is Received and
AUTHORITY Filed
(ITEM NO. 58, C.C.P., NOV. 16, 2004) ADOPTED
That the above item be, and the same hereby is returned to
the Common Council without recommendation. NO. 97
Mr. Davis moved: CALLING UPON THE STATE TO PASS LEGISLATION
That the above-mentioned item be and the same is hereby ALLOWING FOR CITY COUNTY MERGER(#110,7/6)
received and filed. (CCP#86, NOV 3)
Adopted. That the above item be and the same hereby is Received and
Filed
ADOPTED
NO. 98
NO. 91
CITY COUNTY MERGER (LAW)
REQUEST COMM. OF PUBLIC WORKS - PROVIDE INFO -
(CCP#37, NOV 3)
PROPOSED MERGER WATER SYSTEM
That the above item be and the same hereby is Received and
(ITEM NO. 49, C.C.P., JULY 6, 2004) (ITEM NO. 73, C.C.P.,
Filed
NOV. 16, 2004)
ADOPTED
That the above item be, and the same hereby is returned to
NO. 99
the Common Council without recommendation.
M. COPPOLA-ARTICLE THE MAYOR MANAGER
Mr. Davis moved
CONUNDRUM(HRG 11/08)
That the above-mentioned item be and the same is hereby
(CCP#37, OCT 19)
received and filed.
That the above item be and the same hereby is Received and
ADOPTED
Filed
ADOPTED
NO. 92
BUFFALO WATER BOARD - SALE OF WATER TO ERIE
NO. 100
COUNTY WATER AUTHORITY (PW)
THOMPSON-REQUEST FOR STUDY OF TRAFFIC
(ITEM NO. 47, C.C.P., SEPT. 7, 2004)
CONCERNS SURROUNDING BUFFALO CHARTER
(ITEM NO. 74, C.C.P., NOV. 16, 2004)
SCHOOLS
That the above item be, and the same hereby is returned to
(CCP#64, OCT 5)
the Common Council without recommendation.
That the above item be and the same hereby is Received and
Mr. Davis Moved:
Filed
That the above-mentioned item be and the same is hereby
ADOPTED
received and filed.
NO. 101
NO. 93
O. RAYFORD, PETITION TO USE 242 HOPKINS -
J. CAMPOLONG-AMERICAN WATER CONSOLIDATION
CONCRETE BATCH PLANT
W/BUFFALO WATER SYSTEM(#46,9/21)
(ITEM NO. 64, C.C.P., NOV. 16, 2004) (ITEM NO. 81, C.C.P.,
(CCP#75, NOV 16)
NOV. 30, 2004)
That the above item be and the same hereby is Received and
That after the public hearing before the Committee on
Filed
Legislation on November 23, 2004, the petition of O. Rayford,
ADOPTED
agent, for permission to use 242 Hopkins for a concrete batch
plant be, and hereby is approved.
NO. 94
PASSED
HOLDING A PUBLIC HRG REGARDING THE EC WATER
AYES - 9 NOES - 0
AUTHORITY OFFER TO PURCHASE BFLO WATER
SYSTEM
NO. 102
(CCP#148, NOV 30)
PHILLIPS LYTLE-APPLICATION TO ESTABLISH
That the above item be and the same hereby is Received and
PORTABLE CONCRETE BATCH PLANT 242
Filed
HOPKINS(SOUTH)
ADOPTED
(#60,11/16) (CCP# 82,11/30)
That the above item be and the same hereby is Received and
LEGISLATION
Filed
(RICHARD A. FONTANA, CHAIRMAN)
NO. 103
NO. 95
S. DAY, PETITION TO USE 44 ALLEN - OUTDOOR PATIO
P. ROWELL, PETITION TO USE 271 DINGENS -POLE SIGN
(ITEM NO. 66, C.C.P., OCT. 5, 2004)
(ITEM NO. 57, C.C.P., NOV. 30, 2004)
(ITEM NO. 85, C.C.P., NOV. 30, 2004)
That after the public hearing before the Committee on
That the above item be, and the same hereby is returned to
Legislation on December 14, 2004, the petition of P. Rowell,
the Common Council without recommendation.
agent, for permission to use 271 Dingens for a 7' x 10'6" x 30
Mr. Fontana moved:
pole sign be, and hereby is approved with any conditions set
That the above-mentioned item be and the same is hereby
forth by the Planning Board.
recommitted.
PASSED
ADOPTED
AYES - 9 NOES - 0
NO. 104
NO. 96
SECONDHAND DEALER - 220 ALLEN STREET
CITY MANAGER FORM OF GOVT
(ITEM NO. 37, C.C.P., NOV. 16, 2004) Filed
(ITEM NO. 87, C.C.P., NOV. 30, 2004) ADOPTED
That the above item be, and the same hereby is returned to
the Common Council without recommendation. NO. 112
Mr. Fontana moved: DEMOLITION OF 736 MAIN STREET(CC) (CCP# 28, NOV
That the above-mentioned item be and the same is hereby 30)
recommitted. That the above item be and the same hereby is referred to the
ADOPTED Committee on Finance
ADOPTED
NO. 105
CHAIRMAN NO. 113
INCREASING THE DOWN PAYMENT REQUIRED FOR ORDINANCE AMENDMENTS RE PERMIT PROCESS
CITY FORECLOSURE SALE REFORM(PERMITS)
(ITEM NO. 149, C.C.P., NOV. 30, 2004) (CCP# 29, NOV 30)
That the Council requests and opinion from the Law That the above item be and the same hereby is Received and
Department as to whether there are any legal restrictions which Filed
prohibit the city from increasing the down payment at the city ADOPTED
foreclosure sale from 20% to 33%; and NO. 114
That this item be referred to the Commissioner of Taxation and ORDINANCE AMENDMENT - CHAPTER 35 - PERSONNEL
Assessment for comment. POLICIES
Mr. Fontana moved to approve said item. (ITEM NO. 141, C.C.P., NOV. 30, 2004)
PASSED That the above item be, and the same hereby is, returned to the
AYES - 9 NOES - 0 Common Council without recommendation.
Mr. Fontana moved:
NO. 106 That after the public hearing before the Committee on
CHAIRMAN Legislation on December 14, 2004, the Ordinance Amendment
283 MAIN STREET; ENCROACH AWNINGS as contained in Item No. 141, C.C.P., November 30, 2004, be
(ITEM NO. 7, C.C.P., SEPT. 7, 2004) and the same hereby is approved.
That the above item be, and the same hereby is returned to PASSED
the Common Council without recommendation. AYES - 9 - NOES - 0
Mr. Fontana moved that the above item be recommitted to the
Committee on Legislation NO. 115
ADOPTED V. WALTER FRANCHISE FEE AUDIT 2001 & 2002(PW)
(CCP# 59, SEPT 7)
NO. 107 That the above item be and the same hereby is Received and
283 MAIN STREET; ENCROACH AWNINGS Filed
(ITEM NO. 47, C.C.P., JULY 20, 2004) ADOPTED
That the above item be, and the same hereby is returned to the
Common Council without recommendation. NO. 116
Mr. Fontana moved that the above item be recommitted to the US BANKRUPTCY COURT ADELPHIA(PW) (CCP# 30, NOV
Committee on Legislation 3)
ADOPTED That the above item be and the same hereby is Received and
Filed
NO. 108 ADOPTED
REQUEST EMERG LAW E ASST FROM EC SHERIFF, NYS
POLICE, FBI ATF & DEA (POL) NO. 117
(CCP# 69,SEPT 7) REAPPOINTMENT OF MEMBERS TO THE BUFFALO
That the above item be and the same hereby is Received and SEWER AUTHORITY
Filed (ITEM NO. 3, C.C.P., NOV. 3, 2004)
ADOPTED That the reappointment as members of the Buffalo Sewer
Authority of Eleanor C. Wilson DiVincenzo, residing at 1834
NO. 109 William Street and Herbert L. Bellamy, Jr., residing at JHB
P. GALLIVAN-REQ DISCUSS-EC SHERIFF PATROLS & Professional Building, 395 E. Ferry for a term commencing
EMERG LAW ENF ASST FROM EC SHERIFF ETC immediately and expiring June 30, 2007, be and it hereby is
(CCP# 123, SEPT 7) approved.
That the above item be and the same hereby is Received and PASSED
Filed AYES - 9 NOES - 0
ADOPTED
NO. 118
NO. 110 B. DAVIS FLOATING DOCK PLATFORM INSTALLED IN
A. THOMPSON-RED HELMETS (CCP# 40, JAN 20) FRONT OF GULL LANDING
That the above item be and the same hereby is Received and (CCP# 46, NOV 30)
Filed That the above item be and the same hereby is Received and
ADOPTED Filed
NO. 111 NO. 119
R. FONTANA-AUXILIARY FIRE CORPS RESPONSE R. MORROW-REZ 500 CARLTON ST COPY ON FILE EC
(CCP# 60, NOV 3) CLERK'S OFFICE(ELL)
That the above item be and the same hereby is Received and (CCP# 61, NOV 3)
That the above item be and the same hereby is Received and Seconded by Mr. Bonifacio
Filed CARRIED.
ADOPTED Mr. Golombek moved that the above item be recommitted to the
Committee on Community Development.
NO. 120 AYES –COPPOLA, FONTANA, FRANCZYK, GOLOMBEK,
L.F. KAHL-RESPONSE-EXTENSION OF LIGHT RAIL GRIFFIN, RUSSELL, THOMPSON - 7
SYSTEM NOES – BONIFACIO, DAVIS - 2
(CCP# 59, NOV 16)
That the above item be and the same hereby is Received and NO. 126
Filed BAILEY AVENUE REDEVELOPMENT TASK FORCE
ADOPTED ITEM NO 142 CCP 3-16-04
THAT THE ABOVE ITEM BE, AND THE SAME HEREBY IS
NO. 121 RETURNED TO THE COMMON COUNCIL WITHOUT
TRAIL BLAZER SIGNS FOR HENRY "HANK" SEVILLIAN - RECOMMENDATION
FOX STREET MR GOLOMBEK MOVED
(ITEM NO. 136, C.C.P., NOV. 16, 2004) THAT COPIES OF THE RESOLUTION BE SENT TO THE
That the above item be, and the same hereby is, returned to the MEDIA AND THE AFOREMENTIONED MEMBERS OF
Common Council without recommendation. THE COMMITTEE FOR RESPONSE THAT SHOULD
Mr. Fontana moved above BE FILED WITH THE COUNCIL
that the Legislation
ADOPTED
item be recommitted to the Committee on
ADOPTED
NO. 127
OPPOSE DEMOLITION OF EM ATWATER HOUSE (PRES
NO. 122
BD)
REAPPOINTMENT OF MEMBERS TO THE ELEVATOR
CCP# 6 NOV 3
SAFETY REVIEW BOARD
THAT THE ABOVE ITEM BE AND THE SAME HEREBY IS
(ITEM NO. 1, C.C.P., NOV. 3, 2004)
RECEIVED AND FILED
That the above item be, and the same hereby is returned to the
ADOPTED
Common Council without recommendation.
Mr. Fontana moved that the above item be recommitted to the
NO. 128
Committee on Legislation
RESTRICTED USE PERMIT PANO'S RESTAURANT(CC)
RECOMMITT
(CCP# 31, NOV 16)
That the above item be and the same hereby is Received and
NO. 123
Filed
J. BREM-REQ-FRANK POINCELOT TO ATTEND PMB TO
ADOPTED
DISCUSS ACTIVITIES IN PEST MANAGEMENT
(CCP# 41, NOV 30)
NO. 129
That the above item be and the same hereby is Received and
J. HECK-DONATE VACANT LOT 21 B. STREET TO
Filed
COB(FILL)(ASSESS)
NO. 124
(CCP# 24, NOV 3)
J. BREM-STATUS DISCUSSION RE COUNTY'S
That the above item be and the same hereby is Received and
TAKEOVER OF CITY PARKS IN RELATION TO SUNSET
Filed
LAW
ADOPTED
(CCP# 42, NOV 30)
That the above item be and the same hereby is Received and
NO. 130
Filed
736 MAIN ST REQUEST INFO ON CODE VIOLATION
ND
COMMUNITY DEVELOPMENT (JOSEPH GOLOMBEK JR.,
DISMISSAL(ELL)(2RES)
CHAIRMAN)
(CCP# 130, NOV 3)
That the above item be and the same hereby is Referred to the
NO. 125
Committee on Finance
APPROVAL OF CONTRACT FOR SALE OF LAND 266 &
ADOPTED
286 OAK
(ITEM NO. 6, C.C.P., NOV. 30, 2004)
NO. 131
That the above item be, and the same hereby is returned to
S. WEST STATEMENTS REGARDING BMHA (CCP# 34,
the Common Council without recommendation.
NOV 30)
That the above item be and the same is returned to the
That the above item be and the same hereby is Received and
Common Council without recommendation.
Filed
A public hearing has been set, before the Common Council, at
ADOPTED
this regularly scheduled meeting, on the above item, and a
Notice of same has been published in the Buffalo News, a copy
NO. 132
of which is attached hereto.
DEC HANNA FURNACE SUBPARCEL 3 PROPOSED
On a motion by Mr. Coppola, seconded by Mr. Golombek , the
REMEDIAL ACTION PLAN
item is properly before the Common Council, and the hearing is
(CCP# 49, NOV 30)
opened.
That the above item be and the same hereby is Received and
CARRIED.
Filed
Appearances-John Dinos
ADOPTED
Rocco Termini
John Hannon
NO. 133
Mr. Golombek now moved that the hearing be closed.
NYSDEC FACT SHEET PROPOSED REMEDIAL Be Established
ACTIVITIES BOONE PARK (CCP# 63, Nov 3)
(CCP# 53, NOV 30) That the above item be and the same hereby is Received and
That the above item be and the same hereby is Received and Filed
Filed
ADOPTED No. 142
Better Nutrition in Buffalo Schools (CCP# 283, July 20)
NO. 134 That the above item be and the same hereby is Received and
L. KAHL-EXPANSION OF LIGHT RAIL TRANSIT (CCP# 52, Filed
NOV 30)
That the above item be and the same hereby is Received and No. 143
Filed Franczyk-Better Nutrition in Schools (Bd. Ed.)
ADOPTED (CCP# 98, Sept 7)
That the above item be and the same hereby is Received and
NO. 135 Filed
NYSDOT-JOBS MOVING TO ROCHESTER & SOUTH ADOPTED
BUFFALO WATERFRONT
(CCP# 54, NOV 30) Special Committees
That the above item be and the same hereby is Received and
Filed BUDGET COMMITTEE
(Dominic J, Bonifacio Jr., Chairman)
NO. 136
C. HAMILTON - CITY'S DELAY - WORLD OF FAITH NO. 144
CHURCH LAND EXCHANGE JEFFERSON AVENUE Capital Budget 2005 Recommendations & 5 Year Plan
LIBRARY (ITEM NO. 44, C.C.P., OCT. 19, 2004) (ITEM NO. (Mayor)
120, C.C.P., NOV. 30, 2004) (Item No. 1, C.C.P., Nov. 16, 2004)
That the above item be, and the same hereby is That the above item be, and the same hereby is returned to the
returned to the Common Council without recommendation. Common Council without recommendation.
Mr. Golombek moved that the above item be recommitted to the Mr. Bonifacio Moved:
Committee on Community Development. That the Common Council approves the recommendation for a
ADOPTED City of Buffalo 2005 Capital Improvement Budget of
$15,985,000.00 for new city projects as listed in the above
EDUCATION communication.
(ANTOINE M. THOMPSON, CHAIRMAN) PASSED
AYES - 9 - NOES - 0
NO. 137
JOINT SCHOOL CONSTRUCTION BOARD NO. 145
(ITEM NO. 136, C.C.P., FEB. 5, 2002) Mayor's 2005 Capital Budget Recommendation and Five-
Year Plan
That Cimminelli Construction be invited to the next Education (Item No. 7, C.C.P., Nov. 16, 2004)
Committee meeting; and That the above item be, and the same hereby is returned to the
That Cimminelli Construction and the Joint School Common Council without recommendation.
Construction Board provide a copy of the final agreement with Mr. Bonifscio Moved:
the Common Council; and That the above-mentioned item be and the same is hereby
That Cimminelli Construction file with this Common Council a received and filed.
copy of the diversity plan and means in which they are going to Adopted.
achieve outreach for business and workforce development for
MWBE participation goals. RESOLUTIONS
No. 138
no. 146
A. Thompson-Westminister Comm School
(CCP# 83, July 20)
Sponsor: Mr. Coppola
That the above item be and the same hereby is Received and
Filed
Subject: Bottling City of Buffalo Water for Retail and
Wholesale Sales
No. 139
Whereas: Currently the City of Buffalo Water Facility has the
A. Thompson-Information Charter Schools
ability to pump
(CCP# 57, Sept 21)
at the rate of 160 million gallons per day; and
That the above item be and the same hereby is Received and
Whereas: On average, the water facility pumps between 65
Filed
and 75 million gallons per day, leaving an excess capacity of at
least 50%; and
No. 140
Whereas: It is no secret that water is increasingly being seen
Westmblister Comm Charter School(Law)
as a valuable resource and there are reports of shortages or
(CCP# 84, Sept 7)
fears of shortages in various parts of the nation; and
That the above item be and the same hereby is Received and
Whereas: Consumers spend millions of dollars yearly on
Filed
filtered water and have proven that filtered water is marketable
along side spring water in retail outlets; and
No. 141
Whereas: While the City of Buffalo is experiencing a loss of
P. Simon-Bflo News-Charter Schools Issue Task Force to
customer base and increasing rates in order to pay for
maintenance and operational expenses, we should explore BY. Mr. Coppola, Mr. Bonifacio, Mr. Davis and Mr. Griffin
every avenue in an effort to increase our customer base as a
Re: Ordinance Amendment Chapter 96, Bonds and
way of lowering or at least stabilizing rates for the ratepayers,
Contracts
and
The Common Council of the City of Buffalo does hereby ordain
Now therefore be it resolved that:
as follows:
The Common Council requests that the City of Buffalo Water
That Chapter 96 of the Code of the City of Buffalo be amended
Board research the costs of installing a filtration and bottling
to read as follows:
system at the City's filtration plant as well as research the
§ 96-13. Advertisement for bids.
bottled water market to conclude whether the city's water
A. The advertisement inviting bids for the doing of a work or
system and the ratepayers can benefit from such a venture;
improvement or for the furnishing of materials, supplies or
and
equipment shall, among other things, state that the bidder
Be it further resolved that:
must submit with his bid a bid bond, certified check, bank
The Water Board files their findings with the City Clerk no later
draft or letter of credit complying with the provisions of
than Thursday, March 10, 2005.
Article I hereof, as provided in the specifications, and
REFERRED TO THE COMMITTEE ON FINANCE, THE
shall also state that, in case of the bidder's failure to enter
BUFFALO WATER BOARD, AMERICAN WATER WORKS
into the contract for the doing of the work or improvement
AND THE CORPORATION COUNSEL
or the furnishing of materials, supplies or equipment and
to furnish a performance bond or, where authorized, a
NO. 147
certified check, bank draft or letter of credit, complying
with the provisions of Article I hereof, 100% of the penal
Mr. Coppola
sum of the bid bond or the amount of the certified check,
bank draft or letter of credit, as the case may be, shall be
Re: Ordinance Amendment Chapter 16, Finance
and become the minimum amount of the liquidated
The Common Council of the City of Buffalo does hereby ordain
damages suffered by the city as a result of such failure,
as follows:
collectible out of the bid bond, certified check, bank draft
That Chapter 16 of the Code of the City of Buffalo be amended
or letter of credit.
to read as follows:
B. In all cases where the estimated cost of the work under a
§16-8. Damage to employee's personal effects.
particular contract exceeds $250,000, the advertisement
A. A claim for damage to clothing, eyeglasses, working tools
shall clearly state that only a bid bond will be accepted.
and other personal effects, except money, bonds and
C. Contractors responding to the advertisement for bids and
valuable papers, of an employee of a city agency arising
wishing to obtain a set of plans and specifications shall submit
out of and in the scope of his employment by reason of
the fees as outlined in Chapter Fees. A set of plans and
175,
negligence or fault upon the part of the city, a fellow
specifications shall be available for inspection free of charge in
employee or a third party and, in addition, in the case of a
the office of the Commissioner letting the bids.
policeman in the pursuit of criminals or suspects and, in
D. The advertisement inviting bids for the doing of a work or
the case of a fireman, when caused by the condition of
improvement or for the furnishing of materials, supplies or
premises or material or substances on premises or by the
equipment shall, among other things, state that the bidder must
falling or burning of objects at a fire or by an explosion
submit with his bid, a statement indicating that all products
may, in the exclusive discretion of the Council, be paid.
purchased will bear the Energy Star label as awarded by the
However, no claim shall be paid if the damage is caused
U.S. Environmental Protection Agency and the U.S.
by negligence or fault on the part of the claimant-. [or if
Department of Energy. In addition~ all departments and City of
the personal property so damaged was out of the
Buffalo agencies must include in all bid specifications that all
immediate custody or control of the claimant at the time of
products purchased bv the bidder must bear the Energy Star
the occurrence of the damage or had mysteriously
label.
disappeared or had been stolen.] The tools and working
E. If the bidder finds it necessary to purchase a product that
equipment of an employee of a city agency left at his
does not bear the Energy Star label, the bidder or the
place of employment shall be considered under his
respective department or agency must include a written
custody and control.
statement indicating the reason Energy Star products cannot
B. claim for damages provided for in this section shall be paid
be used, and a comparison of the initial and operating cost
unless a written claim is filed with the [City Clerk] Department
differential during the useful life of the Energy Star rated
of Law within [sixty (60)] ninety (90) days from the time of the
product and the non-rated product.
occurrence of the damage.
It is hereby certified pursuant to Section 3-19 of the Charter of
C. No claim for damages provided for in this section, that are
the City of Buffalo, that the immediate passage of the foregoing
criminal in nature, shall be paid unless the appropriate report is
ordinance is necessary.
first filed with the Buffalo Police Department within two (2)
APPROVED AS TO FORM
business days from the date of the occurrence of the damage.
NOTE: MATTER UNDERLINED IS NEW
In addition, a departmental report must be completed by the
PASSED
employee and provided to the employee's supervisor no later
AYES - 9 - NOES - 0
than two (2) business days from the date of the date of the
occurrence of the damage, and a copy of said report must be
NO. 149
attached to the Notice of Claim filed with the Department of
Law.
APPROVED AS TO FORM
By: Mr. Coppola
REFERRED TOT HE COMMITTEE ON LEGISLATION ALL
DEPARTMENT HEADS AND CITY UNIONS
Co-Sponsors: Mr. Davis, Mr. Thompson, Mr. Griffin
Re: Support to Establish Buffalo as a "Feeder Port"
NO. 148
to the Port Authority of New York-New Jersey
Whereas: Buffalo could become a port of entry for container
shipments from Europe and the Far East as a result of ongoing Dealers Association is requesting permission to hang at
negotiations with the Port Authority of New York and New approximately sixty (60) banners on Niagara Square, Delaware
Jersey; and could open our region to more exciting economic Avenue from Niagara Square to West Tupper Street, Franklin
possibilities; and Street between Court Street to West Chippewa Street, Pearl
Whereas: The goals of the ongoing negotiations is to establish Street Between Court Street and West Genesee Street from
Buffalo as a "feeder port" to the Port Authority of New York-Niagara Square to Franklin Street; and
New Jersey to ease congestion and address land constraints at Due to the morning and afternoon traffic it makes it very difficult
the New York-New Jersey facilities. Buffalo's strategic location for traffic leaving Johnson Park area to commence onto South
as transportation hub within the Northeast market and its Elmwood Avenue.
existing structure for customs clearance is a key attraction; and Now Therefore Be Resolved That:
Whereas: Containers would be transferred from ocean-going That the Common Council of the City of Buffalo grants
ships to railroad cars for shipment to Buffalo, which would permission to the Niagara Frontier Automobile Dealers
become a center for distribution by truck or rail to population Association to hang banners to advertise their event; and
centers in the US and Canada. As such Buffalo would have the Be It Further resolved That:
added potential also for assembly and manufacturing That said banners will hang on Niagara Square, Delaware
associated with the imports; and Avenue from Niagara Square to West Tupper Street, Franklin
Whereas: The CSX Corporation has proposed using the Street between Court Street and West Chippewa Street and
extensive and partly idle Seneca Yard in south Buffalo, West Genesee Street from Niagara Square to Franklin Street
Lackawanna and Hamburg as a possible terminal for the from January 14' 2004 through February 14, 2005; and
shipment of containers on flat-bed cars from which they could Be It Finally Resolved:
then be unloaded to trucks. Financial aid from the State of New That said banners meet all the requirements of pertinent City
York is being sought to help convert the existing yard into an departments and that no existing laws are violated.
inter-modal center and to "meet some of the requirements that PASSED
the Port of New York folks would be looking for"; and AYES - 9 - NOES - 0
Whereas: The Erie County Development Agency (ECIDA) and
the Buffalo Niagara Enterprise (BNE) have sponsored a study NO. 151
that has assessed infrastructure needs and economic potential BY: MR. DAVIS
of the "feeder port; and INCREASED APPROPRIATION FUND BALANCE
Whereas: The Buffalo region is touted by "World Connect" as CAPITAL PROJECTS
having "more to offer than any other region in North America" That, Pursuant to §20-11 of the Charter and the
for co-manufacturing, assembly and distribution facilities for Certificate of the Mayor and the Comptroller submitted to the
trade goods; Another selling point for the Buffalo region is the Common Council, the appropriation in the Capital Budget for
proposed development of a "Continental One" (Route 219 in the current fiscal year, be and the same hereby is increased in
New York State) as a trade corridor southward toward Miami, the sum of $6,530,000. The increased appropriation will be met
all of which would raise the level of awareness in the trade from the Unreserved/Designated Fund Balance for
industry, that Buffalo is an important area for distribution to the Reengineering Agreements.
Northeast and Canada; That, the comptroller be and hereby is authorized and directed
Now, Therefore, Be It Resolved That: to increase the appropriation estimates of accounts:
This Common Council goes on record in support of the City of From
Buffalo becoming a "feeder port" and supports the Port 10700096 - 397000 Unres/Designated Fund Balance for
Authority of New York-New Jersey continuing negotiations to Reengineedng Agreements $6,530,000
feed trade to the Buffalo region, as a Port of entry for container To: 17523008 - 489130 Transfer out to Capital Project
shipments; and $6,530,000
Be It Further Resolved That: From: 17523008 - 489130 Transfer out to Capital
The Buffalo Common urges and offers its support to the Erie Project$6,530,000
County Industrial Development Agency (ECIDA) and the 30062106 - 445100 Main/Mercer Firehouse Rehab$1,440,000
Buffalo Niagara Enterprise (BNE) in continuing their efforts in 30062206 - 445100 Delavan/Fillmore Fire House Acquisition &
facilitating an agreement with the Port Authority of New York-Construction $2,340,000
New Jersey to establish Buffalo as a "feeder port"; and 30062306 -445100 Elmwood/Hertel Fire House Acquisition &
Be It Finally Resolved That: Construction $2,750,000
The Buffalo City Clerk forward certified copies of the adopted REFERRED TO THE COMMITTEE ON FINANCE
resolution to the Western New York Federal and State
Delegations, the ECIDA, BNE and the Greater Buffalo-Niagara NO. 152
Regional Transportation Council for a response. TRANSFER OF FUNDS VARIOUS
ADOPTED Buffalo Fiscal Stability Authority Various Accounts
Available for review in the City Clerks Office
NO. 150 PASSED
AYES - 9 NOES - 0
By: Brian Davis
NO. 153
BY MR. BONIFACIO
Subject: Permission to hang banners on Niagara Square,
ORDINANCE AMENDMENT
Delaware, Franklin, Pearl Streets.
CHAPTER 49 I, WATER AND WATER POLLUTION
The Niagara Frontier Automobile Dealers Association would
The Common Council of the City of Buffalo does hereby ordain
like to advertise their Auto Fest on Niagara Square, Delaware
as follows:
Avenue, Franklin Street, Pearl Street and West Genesee
That Chapter 491 of the Code of the City of Buffalo be
Street; and
amended to read as follows:
§ 491-35. Payment of bills; charges to become lien.
In order to promote the event, the Niagara Frontier Automobile
A. All water bills, except for water furnished by meter, are
at the time of the offer of each article or parcel and before any
§ 81-4. Bond.
bids are asked thereon, a minimum price therefore is publicly
payable quarterly in advance, on the first day of May, August,
stated.
November and February, or within ninety (90) days thereafter;
REAL PROPERTY -- The land, together with the
and if not paid within the prescribed time, there shall be added
improvements thereon and attached thereto.
thereto four and one-half percent (4.5%) at the beginning of the
SELL AT PUBLIC AUCTION -- Shall not include judicial sales,
next quarter and four and one-half percent (4.5%) for each
sales by public officers in the manner prescribed by law, sales
succeeding quarter until paid, and the water shall be turned off
pursuant to statute to satisfy any lien on the property sold,
from the premises; and when turned off for nonpayment, the
resales, pursuant to statutes, of property retaken under a
sum as provided in Chapter 175, Fees, shall be added to the
conditional sales contract, sales of horses, cattle or other live
bill for renewed supply. All water bills for fractions of the
animals or sales of personal property at any public convention
quarterly term shall be payable in advance. No inspection for
in regular session in the City of Buffalo at the place or places
corrections of water bills will be made after the 10th day of May,
where the convention is being held.
August, November and February or later than ten (10) days
§ 81-2. Conduct by licensed auctioneer required.
from the date of the bill. The owner of the premises shall be
No sale at public auction of any personal or real property, as
personally liable for the payment of bills for water furnished to
defined in this chapter, shall be held within the City of Buffalo
premises; and the tenant of such premises shall also be
unless such sale is directly conducted by an auctioneer
personally liable for bills for water so furnished to premises
licensed pursuant to the provisions of this chapter.
during the term of his tenancy. [Amended 5-28-1992, effective
§ 81-3. Application for auctioneer's license.
7-1-1992]
A. Every applicant for a license pursuant to this chapter shall
B. From and after the due date thereof, any and all charges
present to the Director of Licenses and Permits a written
for unpaid water bills shall be a lien on the premises serviced
application signed and duly verified by him, stating his full
until paid and shall be superior to any and all other liens
name, age, residence by street, number and place and present
excepting those for general taxes and local assessments,
occupation; that he is a citizen of the United States and a
which lien can be enforced by foreclosure proceedings
resident of the State of New York; the place where he intends
instituted at the expiration of [two (2)] year[s] from the date of
to conduct the business of auctioneer in the City of Buffalo; his
the creation of the lien, notwithstanding any and all other
qualifications, including education and business engaged in
remedies available to the city for the collection of unpaid water
during the past five (5) years, giving location, kind and extent;
bills.
where and when he was previously licensed as an auctioneer;
It is hereby certified pursuant to Section 3-19 of the Charter of
whether any previous license as an auctioneer was canceled
the City of Buffalo, that the immediate passage of the foregoing
for cause; and such further facts as may be required by the
ordinance is necessary.
Director of Licenses and Permits to show the good character,
APPROVED AS TO FORM
competency and integrity of the applicant.
Corporation Counsel
B. [Such applications shall be approved by not fewer than five
Matter in brackets to be deleted. Matter underlined is new.
(5) reputable citizens of the City of Buffalo or of the place of
REFERRED TO THE COMMITTEE ON LEGISLATION
residence of the applicant, each of whom shall certify that he
has personally known the applicant for a period of at least five
NO. 154
(5) years prior to the filing of the application; that he has read
BY: MR. FONTANA
such application and believes each of the statements therein to
ORDINANCE AMENDMENT
he true; that such person is honest, of good character and
CHAPTER 81 - AUCTIONS AND AUCTIONEERS
competent to conduct the business or calling of auctioneer; and
The Common Council of the City of Buffalo does hereby ordain
that such person is not related to or connected with the person
as follows: That the Code of the City of Buffalo be amended to
so certifying. The certificate of approval shall be signed by
read as follows:
such persons and duly verified and acknowledged by them
§ 81-I. Definitions.
before an officer authorized to take oaths and
Where used in this chapter, the following terms and words
acknowledgements of deeds.]
shall have the meaning and effect as follows:
Such applications shall not be granted to an,/person,
AUCTIONEER -- Includes any person conducting a sale by
corporation or entit,/convicted of any felony, or
public auction of personal property or real property of his own
an,/misdemeanor or violation offense relating to the theft or
or as an agent for another.
receipt of stolen property, or fraud of any sort, or any series of
ASSOCIATE AUCTIONEER - Every person, licensed as an
convictions for petit larceny that would indicate a pattern of
auctioneer, may designate not to exceed two (2) employees
disregard for laws related to personal property.
who may be authorized by him to conduct auctions. Notice
The applicant shall also present to the Director of Licenses and
containing the names of employees so designated must be
Permits with his application for such license a bond to the City
given to the Director of Licenses for the Department of permit
of Buffalo executed by a duly authorized surety company, in the
and Inspection Services, and an employee's license shall be
penal sum of five thousand dollars ($5,000.), conditioned for
issued on the payment of the prescribed fee. An associate
the faithful observance of the laws of the State of New York
Auctioneer's License may be issued to an individual who is a
and of the ordinances of the City of Buffalo then in effect or
citizen of the United States or a legal alien, is employed under
thereafter enacted, for the performance of all duties, the
the direct supervision of a licensed auctioneer, and has not
rendition of all accounts and the payment of all moneys
been convicted of a felon,
required of him by law to be paid and also conditioned for the
PROPERTY -- Includes all goods, wares, merchandise,
payment to any person who shall be defrauded or suffer loss by
commodities, compounds, things, chattels, jewelry and all other
reason of the violation by such auctioneer of any of the
property of whatsoever form or nature, but does not include
provisions of this chapter. Such bond shall be approved as
chooses in action or real property.
provided by ordinance.
PUBLIC AUCTION -- Includes any public offer to sell personal
§ 81-5. Issuance of license.
property or real property to the highest bidder or to the person
Upon the Director of Licenses and Permits being satisfied of
offering to pay the highest price therefore, and [shall be without
the good character, competency and integrity of the applicant
qualifications or reservations] without any reservation, unless,
and upon proof of the payment of the license fee, he shall issue
to the applicant an auctioneer's license, authorizing him to examination by the bidder.
conduct auction sales in the City of Buffalo as provided by law § 81-8. Articles to be tagged or labeled.
and by this chapter. In addition to the records required to be kept by §§ 25 and 26
§ 81-6. Inventory of property to be sold. of the General Business Law, the auctioneer shall attach or
A. At least [five (5)] three (3) business days before any cause to be attached securely to each article to be offered for
auction sale is held, the auctioneer shall file or cause to be filed sale a tag or label upon which shall be plainly written or printed
a statement in typewriting or other print with the Director of in the English language a true and correct statement of the kind
Licenses and Permits, giving the name and address of the and quality of the material or substance of which such article is
owner of the property proposed to be sold, the street and made or composed and the distinctive number of such article
number where the property is located[,] -. [the place or places, on the itemized inventory and appraisal filed with the Director of
if any, where the owner has conducted business, if any, during Licenses and Permits. If said article is one of those commonly
one (1) year next preceding the filing of such statement, the classed as "jewelry" or articles commonly carried by persons
date of opening and probable duration of the proposed sale, engaged in the jewelry business, the tag shall state the
the] The place where the sale is to be conducted, the times of percentage or carat of purity of such material; in case the
operation, the reasons why an auction sale is desired, the articles are plated or overlaid, a true statement of the kind of
name and address of the auctioneer who will conduct the plate and the percentage of purity thereof and the kind of
auction sale],] -. ]also] Also an itemized inventory of the material or metal under the plating; if the article is one
property to be offered for sale, specifying as to each item the commonly known as "precious, semiprecious, synthetic or
quantity, quality, kind and grade and the material of which it is imitation stones," the true names, weight, quality and color of
composed, with a distinctive number for each item. This said stones; if watches or clocks, the true name of the
itemized inventory statement must be filed with the City of manufacturers, the number of jewels and adjustments and the
Buffalo at least three (3) business days before any auction sale county of manufacture; and if any of such articles or parts
is held, and shall be kept on file with the City of Buffalo for at thereof are used or secondhand, the length of time the same
least one (1) gear. has been in use and in a conspicuous place on said tag the
B. If the property to be sold consists of a stock of goods in word "secondhand" or "used." Said tag in each and every case
trade, in whole or in part, of a person, firm or corporation shall remain upon the article and be delivered with the article to
engaged in the wholesale or retail sale thereof, immediately the purchaser. Auction Houses shall provide reasonable
preceding the time of the filing of the inventory, there shall be descriptions of the property to be auctioned, and must disclose
attached to the inventory a complete statement, including the special knowledge of any items.
name of such person so engaged, the location by place, street § 81-9. Sale to highest bidder except where minimum bid
and number where so engaged, the length of time so engaged stipulated.
and that each and every article contained in the aforesaid When any article or combination of articles is offered for sale at
inventory is a part of the stock of goods of said person and has public auction, [unless the auctioneer states a minimum price
been a part of the stock of goods of said person for a period of therefore before any bid or offer is asked, the article or
at least ninety (90) days prior to the date of the filing of the said combination of articles shall be sold to the person whose bid or
inventory and that no property purchased, procured or placed in offer is the highest offered if there is more than one (1) bid or
stock specially for such public auction sale is included therein. offer therefore.], the article or combination of articles shall be
If the property to be sold is real property, .the inventory shall sold to the person with the highest offered bid, if there is more
briefly describe the same, so as to identify its dimensions, the than one bid or offer, unless a pre-determined minimum or
Improvements thereon and the location thereof. reserve price has been set. Such minimum or reserve price
C. If such property consists of the household furniture of a must be announced prior to the commencement of the bidding
householder or the fixtures and equipment of a business, the process.
inventory shall be accompanied by a statement that each article § 81-10. Auction sale to be exclusive.
was a part of the household goods of the householder (naming A. During the time when and while such auction sale is being
him) or, in the case of fixtures and equipment, was a part of the conducted, no sales of any property, whether or not it be a part
fixtures and equipment of the person (naming him) for at least of the inventoried property, shall be permitted within the same
ninety (90) days prior to the date of sale; provided, however, room or in any room opening there from by private sale or
that the aforesaid required statement shall not apply to any otherwise than by public auction sale.
person who in good faith has purchased at a judicial sale or B. No property not included in the inventory filed as herein
public auction sale in bulk the fixtures, machinery and/or before required shall be sold or offered for sale at public
equipment of any business and thereafter in good faith desires auction or prior sale during the time that such auction sale is
to resell the same at public auction within thirty (30) days being conducted in the same room or in a room opening there
thereof. from.
D. Such statement and inventory must be signed by the § 81-11. Restrictions on sale of stock of goods.
auctioneer who is to conduct the sale and verified by him to the A stock of goods, wares and merchandise shall not be offered
effect that it is to the best of his knowledge, information and for sale as such by public auction, except where the same
belief true. Such statement and inventory shall also be signed consists of a stock-in-trade of a person continuously engaged
by the owner of said property and shall be verified by him by in the City of Buffalo in dealing in such goods, wares and
affidavit, stating that said inventory is true and correct in all merchandise at wholesale or retail for a period of at least one
particulars. (1) year immediately preceding the time of the commencement
§ 81-7. Authorization to conduct sale; posting of of such sale, and at such sale no property shall be inventoried
inventory. as proposed to be sold or sold other than property which
Upon the receipt and approval by him of the inventory required constitutes such stock-in-trade of such person.
by the preceding section, the Director of Licenses and Permits § 81-12. Report of sale.
shall issue to the auctioneer therein named an authorization to Within ten (10) days after the conclusion of such auction sale,
conduct the sale. A copy of the itemized inventory of the the auctioneer shall file or cause to be filed with the Director of
property to be offered for sale filed with the Director of Licenses Licenses and Permits a report which shall consist of a copy of
and Permits shall be posted in a conspicuous place on the said inventory with a list of the articles sold and a statement
premises where the sale is conducted, available for that no other articles were sold during said sale superimposed
thereon, which report shall be subscribed by said auctioneer sale, specifying the grounds of complaint or reason assigned
and verified by his oath before an officer authorized to take for the revocation of such license or authorization to conduct a
oaths in the County of Erie and shall be kept on file by the sale, which notice shall fix a time and place, not less than three
Director of Licenses and Permits and open for public (3) days after the service of such notice, at which said Director
inspection. of Licenses and Permits shall hear the evidence of the person
§ 81-13. Hours and period of sale. making such complaint and such other evidence as may be
A. Sale at public auction shall be held only between the hours presented to him or be in his possession; and the holder of
of 8:00 a.m. and 11:00 p.m., Buffalo time, and at no time within such license or the holder of such authorization to conduct a
the hours beginning at 11:00 p.m. and ending at 8:00 a.m., sale shall have an opportunity to be heard in his own defense. If
Buffalo time. the Director of Licenses and Permits shall believe that
B. An auction sale shall be held on successive days, sufficient grounds therefore exist, he shall revoke such license
Sundays and legal holidays accepted, and shall not continue or such authorization to conduct a sale.
for a period longer than sixty (60) days. APPROVED AS TO FORM
§ 81-14. General restrictions. Corporation Counsel
No auctioneer shall: NOTE:
A. Make any false representations as to the character, quality, Matter in brackets to be deleted. Matter underlined is new.
condition, value or ownership of any property offered for sale or REFERRED TO THE COMMITTEE ON LEGISLATION
falsely represent that such property is in whole or in part
bankrupt or insolvent stock or damaged goods or goods saved NO. 155
from fire. SPONSOR: MR. FRANCZYK
B. Substitute any other article for the article sold to a bidder. BUFFALO SOLAR LEARNING PARK PROJECT
C. Bid in or withdraw from sale any article after receiving a WHEREAS: The Western New York Sustainable Energy
second bid therefore or receive any bid from a person not a Association is developing a project known as the
bona fide bidder at such sale or any person acting as a capper, "Buffalo/Niagara Solar Playground and Learning Park;" and,
booster or shiller. An article may be withdrawn from sale if the WHEREAS: The purpose of the project is to initiate a solar-
item is in reserve and does not meet the reserve. powered carrousel project on the Buffalo waterfront; and,
D. Employ or permit to be employed any bellman, WHEREAS: A feasibility study by Erie County for the proposed
crier, instrument of music or means of attracting the 1-acre waterfront carrousel project has been completed; and,
attention of passersby other than a sign or flag. WHEREAS: Such a project could be a draw for heritage
E. Conduct a sale where entertainment for the prospective tourism and recreation on the waterfront. This project could
bidders is provided on the premises where the sale is also be a prototype for other sustainable energy waterfront
conducted. developments.
F. Offer for sale or sell any article of property not included in NOW THEREFORE BE IT RESOLVED:
the inventory filed as provided in § 81-6 of this chapter. That the Common Council invite representatives of the Buffalo
G. Open or conduct any public auction sale until all the Solar Learning Park
provisions of this chapter have been complied with and an Carrousel group to give a presentation of its proposed solar
authorization for such sale obtained. carrousel waterfront project.
H. If the property to be sold is, in whole or in part, a stock of REFERRED TO THE COMMITTEE ON COMMUNITY
goods in trade of a merchant in business or who has been in DEVELOPMENT
business, wholesale or retail, [conduct a public auction thereof
except at the place where such business was or is conducted, NO. 156
nor shall he include in such sale any property purchased BY MR. GOLOMBEK:
specially for such sale.] an auctioneer may transport said SCHOOL SAFETY AND EDUCATION
property to a location approved by the Director of Licenses for Several years ago the Buffalo Board of Education eliminated
the purpose of conducting said auction. the Buffalo Akernative High School as a site for students that
[I. Conduct a sale at public auction of property, which were having difficulty within the traditional school environment,
consists in part or in whole of a stock-in-trade of a merchant, and
unless such merchant has been in such business continuously Students that have directed violent behavior towards their peers
in Buffalo for a period of at least one (I) year.] and/or teachers on school property are returned to their school
§ 81-15. Term of license. or placed in a different school after any suspension is served,
Each license issued pursuant to this chapter shall expire on the and
first day of June next succeeding its issue. Removing a student from their original school may provide
§ 81-16. License. some "peace of mind" for students and teachers at that
The fee for such license shall be as provided in Chapter 175, specific school However, this practice leads to the question
Fees, and shall be paid by the applicant before the issuance of "how can we expect students to perform any better by simply
the license. transferring them to another school?" and
§ 81-17. Revocation of license or authorization. Alternative schools give students who are chronically
A. The Director of Licenses and Permits may revoke any disruptive, violent or returning from incarceration a second
license or authorization to conduct a sale, issued pursuant to chance at getting the education they need to become
the provisions of this chapter, if he shall have cause to believe productive, successful adults. They combine extra services,
that the holder of such license or authorization to conduct a staff specially trained to address anti-social behavior and
sale is violating and statute of the State of New York relative to common-sense programs that maximize learning and minimize
auctions and auctioneers or any provision of this chapter. A opportunities for students to act out. The schools are usually
conviction by a court of competent jurisdiction of such offense smaller, with closer adult supervision. In good programs, the
or recovery upon a bond pursuant to the provisions of this expectations for academic achievement and conduct are high,
chapter shall be conclusive evidence of such violation. and the consequences are well-defined and consistently
B. The Director of Licenses and Permits may, upon the enforced. There are specialists who work to bring students up
complaint of any person, cause notice to be served upon the to grade level, because most disruptive students have fallen so
holder of such license or holder of authorization to conduct a far behind that both they and those around them have given up
hope of ever catching up. Meanwhile, psychologists, social The Common Council of the City Of Buffalo does ordain as
workers, counselors and other community health professionals follows:
work as a team to address other issues facing these youths, That part of Section 1 of Chapter 35 of the Code of the City of
and Buffalo, relating to 55 - Office of Community Services, 1307 -
An Alternative High School program will give students and their Division of Substance Abuse, which currently reads:
families the assistance they need so that the student may he 2 Reimbursement Specialist $ 28,415 - $ 30,808
returned to the regular classroom. Is hereby amended to read:
Now, Therefore, Be It Resolved: Reimbursement Specialist $ 28,415 - $ 30,808
That this Honorable Body believes that by providing successful Laborer II $ 24,420 - $ 27,833
alternative educational placements the Buffalo Board of IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the
Education will give students who want to learn the safe, Charter, that the immediate passage of the foregoing ordinance
nurturing environment they need and troubled students the is necessary.
second chance they deserve. Alternative high schools are We, DONALD O. ALLEN, COMMISSIONER OF
considered by some as society's last chance to help young COMMUNITY SERVICES AND MICHAEL A. SEAMAN
people lead productive lives, and DIRECTOR OF BUDGET, hereby certify that the above
Be It Further Resolved: change is necessary for the proper conduct, administration and
That this Common Council appeals to the Buffalo Board of performance of essential services of that department. We
Education to reinstate the Alternative High School program, recommend that the compensation for said position be fixed at
and the respective amount set forth in the foregoing ordinance.
Be It Finally Resolved: APPROVED AS TO FORM
That this item is referred to the appropriate committee of the CORPORATION COUNSEL
Common Council for further consideration. 12/08/04 Attachment
ADOPT Ist RESOLVE THE REMAINDER REFERRED TO REFERRED TO THE COMMITTEE ON CIVIL SERVICE
THE COMMITTEE ON EDUCATION AND THE BOARD OF
EDUCATION NO. 159
BY: MRS. RUSSELL
NO. 157 PERMISSION TO HANG HOLIDAY DECORATIONS ON
SPONSOR: MR. GRIFFIN BAILEY AVENUE
CO-SPONSORS: MR. GOLOMBEK Whereas: The Bailey Amherst District Management
CITY OF BUFFALO APPOINTMENT TO THE NFTA Association has asked permission to hang
Whereas The State legislation which established the Niagara Holiday Decorations on Bailey Avenue between
Frontier Transportation Authority in 1967 provides that the Hewitt and Millicent Avenues; and
NFTA shall consist of an eleven member board of directors Whereas: These decorations will help to beautify the City
with a chairperson and ten other members appointed by the of Buffalo during the Holiday season, as well as
Governor; and add to the holiday ambiance along the Bailey
Whereas The legislation further provides that of the ten Avenue business strip; and
members other than the chair, one shall be appointed upon the Whereas: The decoration used in previous years will be
written recommendation of the Erie County Executive and one used, no lighted decorations will be used for
shall be appointed upon the written recommendation of the Erie the 2004 holiday season; and
County Legislature; and Whereas: The Bailey Amherst District Management
Whereas The NFTA is currently considering proposals to Association will notify the City of Buffalo Public
develop waterfront property located in the City of Buffalo, which Works Department in order to make sure that
will directly impact Buffalo; and all requirements for proper installation are met;
Whereas Just as Erie County has representation on the NFTA Now, Therefore, Be It Resolved That:
board of directors, the City of Buffalo should have a voice and This Common Council grants permission to the Bailey Amherst
input into what development occurs on its waterfront by having District Management Association to hang Holiday decorations
representation on the NFTA board of directors; and on Bailey Avenue between Hewitt and Millicent Avenues.
Therefore Be It Resolved: PASSED
That the Common Council supports amending Section 1299-c AYES - 9 NOES - 0
of the Public Authorities Law to provide for one appointment
upon the written recommendation of the Mayor of Buffalo and NO. 160
one appointment upon the written recommendation of the SPONSOR: MR. THOMPSON
Buffalo Common Council. CO-SPONSORS: MR. BONIFACIO, MR. GRIFFIN, MR.
Be It Further Resolved: GOLOMBEK, MR. DAVIS, MR. COPPOLA, MRS. RUSSELL
That a certified copy of this resolution be forwarded to the
NFTA,
The Details for Bass Pro Project
Members of the WNY State Delegation, and the Mayor of
The announcement of Bass Pro coming to Buffalo is great
Buffalo.
news for the entire Western New York region; and
Be It Finally Resolved:
According to media reports the Bass Pro project will total $123
That this item is referred to an appropriate committee of the
million, with $57 million coming from Bass Pro, $31 million
Council for further consideration.
coming from federal funds, $21 million coming from State
STNDRD
ADOPT 1 AND 2 RESOLVE THE 3 REFERRED TO
funds and $14 million coming from Erie County and the City of
THE COMMITTEE ON LEGISLATION
Buffalo combined; and
While information has been released to the media, no
NO. 158
information has been filed with the Council regarding this
BY: MS. RUSSELL
project; and
BUDGET AND PERSONNEL AMENDMENT 55 - OFFICE OF
It is necessary for the Council to be apprised of the details as
COMMUNITY SERVICES 1307 - DIVISION OF SUBSTANCE
to how the city portion of this project is expected to be financed
ABUSE
and how city owned property will be addressed. Whereas The Great Lakes Binational Toxics Strategy, signed
Now Therefore Be It Resolved in 1997 by the United States, provides a framework for actions
That this item is referred to the Mayor for a response. to reduce or eliminate PBTs in the Great Lakes.
Be It Further Resolved: Whereas The New York State Department of Health has
That this item is referred to an appropriate committee of the issued almost 100 fish consumption advisories for waterbodies
Council for further consideration across New York State due to PBT pollution, including
ADOPT Ist RESOLVE THE 2nd REFERRED TO THE advisories for the Buffalo River and Harbor, Hoyt Lake, the
COMMITTEE ON COMMUNITY DEVELOPMENT Niagara River, and Lake Erie. Phasing out the use, production
and release of PBTs is important to protecting environmental
NO. 161 and public health because once these chemicals are produced,
BY: MR. THOMPSON it is difficult and costly to manage, destroy or degrade them;
CO-SPONSORS: MR. GRIFFIN and
MAKE THE POSITION OF EXECUTIVE DIRECTOR OF Whereas The American Public Health Association, the United
STRATEGIC PLANNING A COMMISSIONER-LEVEL Nations Environment Program, the Chicago Medical Society
APPOINTMENT and the International Joint Commission of the U.S. and
Whereas Under the 1999 charter revision, the Department of Canadian governments have agreed upon the benefits of
Community Development was replaced with a new department, reducing certain PBT pollution in the environment; and
the Office of Strategic Planning; and Whereas According to INFORM, more than 90% of PBTs are
Whereas The Office of Strategic Planning has an executive leaving factories in products, not in waste, and are found in a
director appointed solely by the Mayor of the City of Buffalo, wide range of consumer and industrial products including
thus eliminating Common Council approval; and paints, pesticides, solvents, inks, dyes, solder, etc.
Whereas Among the many duties of the position of Executive Whereas Purchasers of these products are often unwittingly
Director of Strategic Planning is, to coordinate the planning of choosing products that contain PBTs, even though in many
the various city departments and agencies, to oversee the block cases safer alternatives are available.
grant process, and to prepare an annual four year strategic Whereas EPA's national PBT policy issued in Novemeber
plan for the city; and 1998 urges states, localities and the federal government to
Whereas The Executive Director of the Office of Strategic reduce PBTs in waste by 50% by the year 2005.
Planning also oversees the Federal Block Grant funding, Whereas The cities of Boston, Seattle, San Francisco, and
BURA, BERC, BNRC, and other quasi-government agencies, Oakland, as well as the states of Washington, Oregon and
in addition to supervising over 100 employees; and New Hampshire, have all established laws, policies, and/or
Whereas While the Common Council concurs with the present initiatives to eliminate and reduce certain PBTs such as dioxin;
Mayoral appointment, it also believes that the position should and
be a "commissioner level" and require confirmation from the Whereas The Erie County Department of Environment and
Council as well; and Planning is working to reduce the use of PBT chemicals
Whereas The Common Council agrees that such a change through environmentally preferable purchasing, and has
should not take place until January 1, 2006, so as not to affect reduced the annual release of 2,000 pounds of para-
the current Executive Director of Strategic Planning; dichlorobenzene into the environment in Erie County.
Now, Therefore, Be It Resolved: Whereas With leadership from the Common Council, the City
That the Common Council of the City of Buffalo requests that of Buffalo has established a strong policy
the Corporation Counsel draw up the appropriate Local Law framework to guide the City's actions and investments toward
changing the title of "Executive Director" of Strategic Planning environmental stewardship and
position to "Commissioner" of Strategic Planning position; and sustainability, including the creation of the Environmental
Be it Further Resolved: Management Commission, the ~,
That the Corporation Counsel include an effective as of establishment of the Buffalo Pest Management Board to
January 1, 2006 for this change; and reduce toxic pesticide use, the initial 4~
Be it Finally Resolved: creation of the City s recycling program, the creation of a 100
That this item be sent to the Common Council's committee on foot setback to protect the ~
Community Development Development for further Buffalo River, and dozens of other Council initiatives that have
consideration, resulted in a cleaner and safer environment for Buffalo's
ST
ADOPT 1 AND 2nd RESOLVE THE 3rd REFERRED TO citizens,
THE COMMITTEE ON LEGISLATION WHEREAS: Potential adverse environmental and
health effects from PBTs may be reduced through
purchasing decisions that reduce or eliminate products that
NO. 162 result in the creation or release of PBTs; and less toxic options
BY MR. THOMPSON exist for many products,
REQUEST FOR PBT FREE PURCHASING NOW, THEREFORE, BE IT RESOLVED:
WHEREAS: A group of pollutants known as Persistent That the City of Buffalo considers persistent pollution
Bioaccumulative Toxic chemicals (PBTs) are toxic, persist in prevention a high priority for action to reduce risk to public and
the environment and build up in the food chain, and can pose environmental health, and intends by this resolution to
risks to public health and the environment through their encourage the reduction of pollution from PBTs; and
carcinogenic and endocrine disrupting effects, immune system BE IT FURTHER RESOLVED:
impairment, neurotoxicity, birth defects, and reproductive That the City of Buffalo encourages elimination of PBTs
dysfunction; and through its procurement practices wherever possible and urges
Whereas The Great Lakes are home to 33 million people, 47 the Purchasing Department and other appropriate Departments
percent of whom draw their drinking water from the Lakes. The of the City of Buffalo to consider the presence of PBTs in
Great Lakes are also vital to many North American fish and making purchasing decisions by:
wildlife species. PBTs in the Great lakes are associated with a) Developing and applying criteria that differentiate products
widespread, long-term adverse effects on wildlife, and, through containing PBTs and those that result in release of PBTs
their bioaccumulation, are of concern for human health. during production or disposal from those that do not; and
Developing an implementation plan with reduction targets for That the following persons are hereby appointed as
considering these criteria along with other environmental, Commissioner of Deeds for The term ending December 31,
social, and economic factors when purchasing products in city 2006, conditional upon the persons so appointed certifying
departments, offices and agencies in order to reduce pollution under oath to their qualifications and filing same with the City of
from PBTs. Within one year of passage of this Resolution, the Buffalo
City will report on their progress and will achieve an Michael Agostino Gail Aikin
Implementation Plan for the purchase of products on behalf of Amanda Anderson Linda Anderson
City departments, offices, and agencies by six months Mary H. Baldwin James Brem
thereafter. The Implementation Plan shall include identification Mildred Castro Gerald Chwalinski
and analysis of City uses of PBT-generating products, and Linda M. Chwalinski Lisa M. Collin
purchasing shall be prioritized based on PBT-reduction Mark A. Coppola Brian Davis
opportunity, technical and economic feasibility, and protection Richard A. Fontana David A. Franczyk
of human health and the environment. Lisa M. Frost Kimberly R. German
Items to be considered in the development of the Joseph Glombek Jr. James D. Griffin
implementation plan will be determined by identifying and Gregory A. Heeb Jacqueline Hennings
analyzing City uses of products containing chemicals identified Willie House Mark Jaskula
on the EPA PBT priority list or products that result in the Rosetta J. Kennedy Kenneth James Kerr
generation of such PBTs during their manufacture. Christine A. Lehner Joanne D. Lopez
Implementation plan actions will be prioritized based on Irma Lorenzo Wendy A. Nobile
reduction opportunity potential, technical feasibility, economic Julia A. Paul Gregory Peoples
feasibility, and protection of human health and the environment. Karen D. Privateer Alice Radka
The use of an alternative product should be considered Diana Rico Laura Rucinski
economically feasible if its cost, including cost of application, is Jacqueline E. Rushton Patrick Sole Jr.
within 110% of the full costs of the product of concern. In Antoine M. Thompson Laura Hoock
assessing economic feasibility, long-term public health and Frank Palermo Janet Palma
environmental implications should be considered, as well as the Karen S. Barone Suzanne Buffamanti
opportunity to stimulate development of alternatives. By Nell R. Daley Mae E. Jackson
encouraging the development of new products, the City's Chery A. Kinmartin Sharon Knope
purchasing policies may encourage market transformation and Madeline C. Marrone Lisa Nowak
drive costs down below the 110% threshold. Laura Rogers Madonna L. Scoville
BE IT FURTHER RESOLVED THAT: Kea A. Strate Mary Pat Tyler
The Director of the Division of Purchase and the City of Marquitta R. Whitehead Gavin Kasper
Buffalo's Environmental Management Commission file a written Joyelle M. Tedeschi Mary Jo Wasch
response to this resolution with the City Clerk's Office within 30 William S. Zelazny, Jr. Nancy J. Sullivan
days. Denise M. Lorrens Kathleen M. Collins
REFERRED TO THE COMMITTEE ON LEGISLATION, THE Jeffery J. Lazelle Jill A. Fowler
CORPORATION COUNSEL, THE COMMISSIONER OF Erik Mattoon Roseann Nagel
ADMINISTRATION AND FINANCE AND THE Fred McNeela Lori Stilwell
ENVIRONMENTAL MANAGEMENT COMMISSION Carol A. Pepe Charler Bartolott
Herbert Bellamy Vito Masiello
NO. 163 Damon Evans Robert Hecht
BY: MR. THOMPSON Keith Dearmyer Linda Rautenstrauch
REQUEST TO PLACE BANNERS ON EAST DELAVAN Mark E. Leffler Sandra L. Maciejewski
AVENUE Louise O. Cerrone Christine A. Trojan
Whereas The Harnlin Park Community & Taxpayers Francine Russo Sue Agos Quinn
Association will host the Winter Jubillee from Friday-Monday, Tami Burns – DiCioccio Donna Witmer
December 17-20; and Theresa Graminski Theresa Dellapenta
Whereas To commemorate this wonderful occasion, The Michael Eberle Marcia Moretti
Hamlin Park Community & Taxpayers Association has Robert Croce Arlene Sieracki
requested permission to place one oversized banners on East Shirley J. Church Tina Bakowski
Delavan Avenue near Meech Street from December 12-31; and Kathleenn Osborn Gail Brady
Whereas The banners have already been purchased and can Jeff Brzyski Melvyna Murray
be installed by December 15; and Joanna Alfonso – Cooke Leanne Azzarello
Whereas: This request is worthy or our consideration and William C. Bannister Albert Barnes
approval; Kelli Blakeley David Brown
Now Be It Therefore Resolved That: Patricia Brush Nathan Buffum
The Buffalo Common Council does hereby grant the Hamlin David Lee Bunch Catherine M. Carbone
Park Community & Taxpayer's Association's request to place Richard Carter Christine Collingwood
banners on East Delavan between Meech Street and Pleasant Timothy P. Collins Brendon Dickman
Place from December 12-31 Shekuira Feaster Gerald Fronckowiak
PASSED Lisa A. Geier Violet Hall
AYES - 9 NOES – 0 Scott Harmon Judith Hoffman
Lisa Hummer Tom A. Jusko
NO. 164 Susan M. Kramer Nancy Lauria
BY: ANTOINE M. THOMPSON Barbara B. Leary Sharon S. Levy
APPOINTMENTS June W. McDonnell Inez Mirco
COMMISSIONERS OF DEEDS James J. Murray Gregory L. Noyes
REQUIRED FOR THE PROPER Jed O’Malley Mark L. Marcinkiewicz
PERFORMANCE OF PUBLIC DUTIES Michelle A. Olszowy Molly Orrange Stalker
Teresa M. Panepinto Carmen Perez John P. Hannon Mark D. Campanella
Kevin Phillips Patricia Plew Nicholas M. Page Lawrence D. Jasinski
William J. Regan Teri Jo Ritz Salvatore Campobello Nicole Abruzzino
Rhonda J. Zloty Alvina Zielinski Mark Acara Inocencia Acevedo
Cynthia Walczak Carole Vaccaro Dorothy Aikman Beverly Alleyne
Sheila Torres Robyn Tisdale Christopher Anderson John Anderson
Secret Thompson Brian A. Sullivan Robert Aquila Emma Arenas
Marlene Smith Mary C. Quinn Thomas Atkinson Jennifer Backes
Bruna Michaux Kirk C. McKenna David Baczkowski Zoraida Baez
Judith McCabe Latifa Mack Sherry Baker Thomas Baker
Jay LoTempio Phillip Kozerski Linda Ballard Mary Ballesteros
Mary C. Jackson Robert Honan Matthew Barett Anthony Bartolotta
Enid Guadalupe John A. Grieco, Jr. Christine Batcho Michael Battaglia
Maria D. Garozzo – Payne Charles Cutrona Carol Batterson Janice Battisti
Carmen Bryant James R. Folan Rebecca Beaver Stephan Beck
Camille S. Hopkins Terrance O. Lewis Marlene Banjamin Denise Bertosino
Karen M. McKeague Alan P. Tober Julie Betz Renee Biniecki
Warren Galloway Carla Ruffino Bonnie Blenker Elaine Bleyle
Jeffery Hammond Kathleen Gregoire Marilynn Boehm Paul Bojanowski
Angela Flippone Debra Casali Elisabeth Bommer Charles G. Boulange
Jennifer Anger Andy Sedita Elaine Boyle Jill Brenner
Victor Getz Eileen E. Keller Alice Brock Warren Brock
Rose M. Van Kerkhoven Lawrence A. Wolff Carl Brown Melinda Bryant
Kathleen T. Henry Francis B. Brochowicz Susan Burgstahler Mary Burkard
Alan P. Gerstman Timothy Ball Cynthia Burke Timothy Burke
Marianne Vara Lisa M. Lickfeld Jidith Callahan Victoria Camino
Edward J. Taublieb Juanita S. Goodwin Esther Caputi Michael Caputi
Linda Kowalski David J. Lesniowski Cynthia Carabello Teresa Cardina
Rise T. Geller – Alongi Jennifer Jacobs Claire Carmer Carva Cash
Carole Getz Jesse J. Carmichael Anthony Castelletti Diane Caster
Pamela L. Kopcinski Sandra J. Metzler Marie Grace Catalano Barbara Catani
Jill E. White Colleen Bohen Douglas Champagne Joanne Chmielewski
Kathleen A. Fitzpatrick Zoraida Matos Fred Christopher Christine Chuchla
Kathryn Barker Marylou Altieri Michael Clark Marlene Clawson
Mary Barrows Linda J. Donovan Barbara Clawson – Cole Lewis Cohen
Maria Lisa Doverspike Jean Fricano Dominic Colangelo Annette Cole
Patricia L. Goss Shelley C. Laudico Kathleen Cole Karen Colquhoun
Yvonne S. Maddox Lillie C. Parker Peter Cook Shari Cook
Victoria Patterson Phyllis A. Rossi Diane Cooper Shirley Covella
Beatrice E. Rouse Diane Terrell Emily Cowan Carolyn Cross
John M. Abraham Kristen M. Albert Alexandra Curtis Sharon Dailey
Clifford F. Braxton John M. Cleary, Jr. Ursula Davis Brad Deamer
Anthony Costantino Samuel P. Cotroneo Cheryl Dearlove Frank DeCarlo
Charles E. Craven Joseph O. Denecke Robert Deisz Janet DeLoach
Daniel A. Dill Patrick J. Finnerty Mary Delucci Robert Denny
Winston A. Fritz Amy. C. Hughes James DiMaria Michele Dirr
Paul T. Jackson Kevin F. Kelly Patricia DiVito Judith Dixon
Kathleen F. Marion Jacqueline McCarthy Bonny Dolan Gemma Donnellan
Rosalind R. Miller Marion Miskovski Pasquale D’Orazio Sharon Drobits
Janine L. Mogilski Cathy Noguera Daniel Dropik Lisa Duke
Joseph A. Petronella Cindy L. Pietz Lisa Dziewa IianaEdwardsPattersn
Jeffrey T. Ricketts Sharon M. Simon David Ellero Donna Ellis
Timothy Steward Kevin F. Suto Jeanne Elvers Robert Ernst
John T. Vickerd Carol A. Weigand Juanita Erwin Rosemary Evans
Marianne DeMarco Patrice R. Eldridge Michele P. Fanton Barbara Farr
Theresa Farrell Pamela Grzebielucha Nancy Farrell Ruth Farrell
Christine T. Kasianowicz John J. Lynch Agnes Fassel Debra Flaiban
Thomas W. Marchese Ludovico V. Puccio John Flynn Josephine Forbragd
Maria L. Scinta Christopher Skonecki Judy Fort Diane Furlong
Lawrence A. Tyler PamelaWalkerJarmon Joseph Gabryel Charles Gardinier
Phillis A. White Michael L. Cacciatore Franklin Gaskill Jamine Gavin Pokrandt
Jay B. Duderwick Oswaldo Mestre Richard Germain Patricia Girard
Sylvia V. Santana Robert A. Kreutinger Judith Goetz Michael Gonciarz
Christopher B. Jones Pauline Young Concetion Gonzalez Susan Gonzalez
Kathleen Fulle Paula Gehm Gena Goosman Carl Gould
Joseph Aiello Marcia Kruzynski Christine Graes Theresa Graham
Louise McFeely William R. Barto Rose Grasso Vincent Grasso
Diane Wicher Linda H. Schillinger William Gray Donna Green
Theresa M. Mazuk Thomas A. Chwalinski Eileen Green Mark Greenauer
Jacyra Guard Barbara Gueli July Orlowski Sharon Orshal
Frank Gulino Muriel Hagen Dorothy Ortiz Kathleen Osborne
Carol Hairston Linda Hamilton Susan Ostrowski Patricia Overdorf
David Hapka Sharon Harper Doris Owens Peter Pahr
Elizabeth Heidinger Christine Heimierl Patricia Palovich Tommy Parker
Judith Herec Willie Hicks Jeanine Partyka Phillip Pawlowski
Judith Hill Irene Hoch Kathy Penders Phillip Penny
Sharon Hoelling Denise Holeva Kevin Peterson Susan Peterson
Renee Holingbaugh Jennifer Holquin Michele Pfeffer Arthur Pfenninger
Edward Houston Patricia Howling Joanne Phillips Sharon Pilarski
Beverly Huber Lucille Huber Daniel Pitman Gerald Podlewski
Beverly Hudson Jeanette Hudson Patricia Polland Ethel Poynton
Susan Itzenplitz Denis Jackowiak Walter Pressley Julie Priola
Andrew Janson Maralouise Jarosz Craig Provenzo Geraldine Puleo
Beverly Jaworek Susan Jester Francis Quinn Joaseph Ralabate
Cara Johns Heather Johnson Lawrence Ramunno Kathleen Reach
Theresa Johnson Ronald Jones Candyce Rinaldo Roslyn Rivera
James Josik Patricia Kaminka Carolyn Rizzo Richardo Rodriguez
Michael Karam Catherine Kazukiewicz Steven Rogers Josue Roman
Virginia Keating Andrew Kedierski Barbara Rosowski Gene Rybij
Noreen Keefe Julie Keller Sue Sacco Michael Sajecki
Maria Kern Carolyn Kirsch Anita Sapienza Richard Schaaf
John Kline Michele Knezevic Linda Schabert Shirley Scherlein
Timothy Konicki Barbara Schiele Martha Schuh
Tracey Kosmoski Christine Kowalyk William Scott Louise Senn
David Kroll Linda Krug Rosyln Shadron Barbara Shaw
Robert Krug Susan Kruzicki S R Shaw Melanie Sims
Kandida Kubala Joseph Kugler JoAnne Skorka Laurie Smith
Linda Kulesza Linda Kvashay Linda Smith Mary Smith
Shirley Lam James LaMamma Shirley Smith Deborah Smith-Evans
Joseph Lasota Theresa Lauria Janet Smolinski Carol Sobolewski
Thomas Lauria Luba Leberer Charles Solfrank Thomas Somerville
Diane Leberman Sylvester Ledoux Lori Sortore Karen Speilman
Carolun Lee Charles Lestition Deborah Spencer Karl Spencer
Francine Lewis Roshelle Lewis Jean Stachelski David Stalica
Arleen Lipke Adrianne Kirkland Anthony Stefaniak Carole Stone
Melissa Liska Sheree Locher Olga Sukaczow Susan Summers
Donna Locicero Jane Loeffler James Sweeney Theodore Swiatek
Stacy Logan Christine Loos Leslie Swierski Mary Swinarski
Rosemary Lozano Jane Lundstrom Nancy Szarowicz Mary Terhart
Janet Lunge Karen Lutman Brian Thayer Cheryl Thiel
Myra Maconaghy Brenna Mager Gawronski Adrienne Threat Maureen Tirone
Roger MaGill Thomas Maher George Trietley Joseph Trimper
Ann Mahoney Shirley Maj Harold Tucker Denise Ufland
Ada Manke Cathleen Mann Peggy Ulrich-Boltz Elena Valazquez
Dean Mann Angela Marando Constance VanDette Julie Verrastro
Charbrenna Marks Lynn Martens Albert Wagner Kelly Wagner
Kristin Martin Ruby Martin Molly Wakelee Constance Wall
Ilona Matkovits Elisabeth Matras Jeanne Watson Michael Wawrzyniak
Paula Maue Judith Mayer Valencia Wayne Robert Weitzel
Christine McCann Sharon McCarthy Patricia Welker Julie Welsted
Wendy McCormick Catherine McGeorge Kim Wieder Todd Wiest
Patrick McLaughlin Raymond McMullen Joan Wightman David Wiles
Roderick McQuillan Judy Meade Lynn Williams Sandra Wiskup
Susan Meckes Maryann Mehs Donna Wode Kimberly Wojcik
Theresa Menter June Merville Patricia Wolcott Flora Woods
Kim Miller Eloise Milligan Susan Wszalek Nancy Young
Daniel Minotti Janet Mischel Mark Zauner Marguerite Villa
Ellen Mitchell Doreen Mitri Barbara Reif Elizabeth Martina
Barbara Monahan Anne Nondo Margaret Malkinski Brian Wilson
Tricia Moorhouse Michelle Mosley David Pratt Chester Paluch
Rena Murphy Beasley Colleen Murray Patrick Sole Jr Christine Maloney
MaryAnne Murray Patricia Musial Cynthia Livingston Debra Nasca
Denise Myers Jane Napierski Kathleen Podsasdlo David Adamski
Anthony Ando Richard Balesteri
Susan Nardozzi John Neumann Herbert Bogner Thomas Brodfuehrer
Cindy Nitzer Julia Novak James Carr Michael Castro
Frank Nuchereno Katherine Nunz Amelia Coia Ronald Collins
Tracey O’Brien Sheila O’Connor Timothy Curtin Frank Digennaro
Charles Disalvo Judy Doyle Joyce A. Olivieri Karen M. Ortiz
Sherry Ebert Anthony Fanti Susan M. Ott David H. Owczarzak
Gary Fazio Robert Felschow Jr Joy A. Peterson Elizabeth Pieri
Vincent Ferrarraccio Kevin Fitzgerald James A. Pikowski Elaine F. Pinski
James Gallagher Christine Giambra Leonard M. Potwora Marlene A. Prather
David Gilmour Robert Golombek Charles Redden Dona R. Reid
David Grundy Donald Grzebielcha Heather Repec David Rosen – Brand
Beverly Hassett Brian Hayden Nancy R. Schmelzer Darla J. Schwanz
Brian Higgins Dennis Jowsey Freddie Smith Sheila A. Sparks
Robert Katilus Timothy Keenan Paul Sorrentino Jody Starr
Ann Kilmurray Peter Klemann Richard Stickney Louis C. Strauss
Arthur Kostrzewa David Krug Theresa A. Sullivan David L. Suttell
Tracy Krug Dwain Laws Joseph Swiatek Carl Sarek
William Leisck Patrick Lonergan Gary J. Szczesny Elaine Szematowicz
John Loughran Kevin Luthringer Jacqueline M. Taravella Elaine Taylor
William Manuszewski William Mara Patricia S. Thomas Melinda Tesi
Timothy McCarthy Raymond McGurn Susan A. Tilley Sharon L. Tojek
Holly McNamara Lawrence Michalski Bonnie Jean Tolbert Terry Ann Trembowicz
Paul Mielcarek Pamela Mix-Rush Christine Unverdorben Mari Van de Water
Michael Muscarella Michael O’Neil Richard C. Waite Joseph B. Wolf
Katherine Orlando Stefania Ovak Elizabeth Yager Latonya Young
Louis Petrucci David Pierowicz Diane M. Ligrossi Mary A. Zimmerman
Carolyn Pietrcynski Douglas Randall Tanya Buczek Sharon Serota
Sandra Roessler Marilyn Ruggiero Christine Graef Jacqueline Bontzolakes
Larry Schiavone Michael Schieber Sheila Burke Joseph Dembski
Nancy Smardz Ronald Sokolowski Russell Barone Deborah Cielencki
Michael Sullivan Betty Tryjankowski Randolph Paul Dennis Marek
David Wischnewski William Young Jacqueline Davis Mark Campanella
Gary Ziolkowski Mary Zizzo Marina Woolcock Linda Grant
Darcel Hunter Paulette Wood Patricia Carrney Michael Dujanovich
Jeffery J. Abraham Lori Agostino John Simich Michael Krajewski
Laverna S. Armbruster Geraldina A. Barone Paul Mazur Bert Pandolfino
Madonna D. Bevilacqua Virginia A. Beyer Barbara Weiss Carol Nowak
Jacqueline A. Blachowski Frances V. Boles Charmaine Fagan Diana Johnstone
Rose Bologna Shirley Bonanducci Sylvia O’Neal Marc Flynn
Sandra R. Booker Tara L. Bukowski Lisa Jenkins Judith Lips
Renee Borrow DeAirra R. Burroughs – Barbara McAlister Robert Koch
Moore Cynthia Beaumont Richard Canazzi
Danielle Casillas Anne L. Celano Michael Norton Teresa Cunningham
Janet T. Cochrane Patrice Colpoys Joseph Usinski
Jacqueline K. Costantino Robert R. Corp TOTAL
Nancy M. Cullinan John J. Crangle Jr. ADOPTED
Elaine Defranks Christine Dibble
Loretta DiBella Linda L. Drake NO. 165
Anne Fanelli Toni Fekete BY: ANTOINE M. THOMPSON
Debra Flanagan Willmer Fowler Jr. APPOINTMENTS
Karen L. Fritsch Katherine J. Gallagher COMMISSIONER OF DEEDS
Kathleen K. Gallivan Elizabeth V. Ganci That the following persons are hereby appointed as
Mary Jo Gang Paul D. Ginnetti Commissioner of Deeds for the term ending December 31,
Francine Giumento Mary G. Hathaway 2006, conditional, upon the person so appointed certifying
Ann Marie S. Hawes Audra Hayden under oath to their qualifications and filing same with the City
Sandra Hayden Sara J. Hibbard Clerk:
Carol A. Hicks Kathleen Hochul
Dabra L. Hogan Judith C. Iuey Peter Adornetto James Alonzo
Brenda K. Jurewicz Linda Kaminski Anna Amacher Lynda Arquette
Joanne M. Karamanos Margaret Kasper Daniel Bailey John Bell
Catherine E. Keane Christine A. Kirkland Carol Benz Carmen Black
Kimberly L. Kocinshi Linda M. Kopiasz Marilynn Bradley Dorothy Brown
Nancy Kostek Lynn A. Krakowiak Erma Brown Margaret Brown
Sally D. Krantz Joyce J. Krawczyk Lisa Brucato Paul Brunner
Paula M. Kurzawa Susan L. Laubacker Gail Buch Kimberly Budzynski
Zandra Lewis Laurie A. Long Nancy Burgasser William Buzak
Deborah A. Losardo Edna M. Lovegrove Kathleen Byrne Kathleen Callan
Paul J. Maloney Jr. Beverly A. Marino Timothy Callan Ginger Carey
Cheryl Matten Kristi McAleer William Carey Jeanne Carr
F. Michael McGee Kelly McGough Steven Casey Mark Cassidy
Stephen P. Meegan Douglas W. Mercer Linda Chiarenza Joseph Chilicki
Lynn Miller Delphine Miszewski Florence Cirino W F Clancy
Tracy Nowicki Kathryn Odonnell Charlene Cox Barbara Cribbs
Carol Crump David Cummings Terrylin Hudson Michael Johnson
Jennie D’Angelo Ada Deans Jessica Maglietto Burt Mirti
Pamela Dean Rachel Delaney Dana Bobinchek Leoly Browder
Deborah Diagne Jennifer Diagostino Elaine Vandi Theresa Michalski
Anna Diina Darlia Dispenza Thomas Agostino
Frank D’Orazio Nicole Drye Total: 179
Tina Dugo Regina Evans ADOPTED
Robert Fellows Sharon Fischer
Annette Fitch Mary Fitzgerald
UNFINISHED BUSINESS
Carolyn Fleming Ronald Fleming
NO. 166
Thomas Franczyk Juanita Gainous
BOND RESOLUTION-BABCOCK ST BRIDGE RECONST
Scott Gehl Dena Genvese
$850,000 (RES. #128-C.C.P., NOV 30, 2004)
Maureen Geoghan Dolores Gist
Mr. Coppola moved that the above item be taken from the table.
Earl Gist Laura Gist
Seconded by Mr. Fontana
Susan Gonzalez Lynnette Gospodarski
CARRIED
Kathleen Grabiec David Granville
Mr. Coppola now made a motion to approve said item.
Jennifer Greco Carole Grenauer
Seconded by Mr. Fontana
Sharon Griffin Eugene Grzechowiak
PASSED.
Kathleen Haberman Gary Halliwell
AYES - 9 NOES - 0
Karin Halpern Robert Hellwitz
Deborah Herbert Rochelle Herring
NO. 167
Sal Howard Yuri Hreshchyshyn
BOND RESOLUTION-BAILEY AVENUE BRIDGE RECONST
James Hunter Madonna Isch
$70,000 (RES. #129-C.C.P., NOV 30, 2004)
Janice Jackson James Jackson
Mr. Coppola moved that the above item be taken from the table.
Carolyn Kaiser Edwin Kasperek
Seconded by Mr. Fontana
Eileen Katz Kathleen Kearn
CARRIED
Jeanette Kiedrowski Christine Kirby
Mr. Coppola now made a motion to approve said item.
Bruce Kogan Candica Kopti
Seconded by Mr. Fontana
Nancy Kowelewski Jennifer Kusmierski
PASSED.
Maria Lagonna Sharon Lebron
LaVerne Lee Janice Leising
NO. 168
Charlotte Lujan Frank Marks Sr
BOND RESOLUTION-GRIDER ST RECONST $650,000
Mary Martinez Mary Mason
(RES. #130-C.C.P., NOV 30, 2004)
Thomas Matyas Robert McCarthy
Mr. Coppola moved that the above item be taken from the table.
Diane McGriel Frank Merriweather
Seconded by Mr. Fontana
Diane Miller Yvonne Minor Ragan
CARRIED
Dennis Mitchell Annette Nabors
Mr. Coppola now made a motion to approve said item.
Millie Nieves Marla Nowak
Seconded by Mr. Fontana
Barabara O’Connell Meghan O’Neil
PASSED.
Suzanne Pacholski Viola Palmer
AYES - 9 NOES - 0
Gary Parenti Linda Parker
Pamela Parks Sara Pause
NO. 169
Eva Perez Dianne Pershyn
BOND RESOLUTION-NORTH BUFFALO RAILS TO TRAILS
Anthony Pezzino Gloria Phillips
$65,000
Charles Pickens Ronald Pickens
(RES. #131-C.C.P., NOV 30, 2004)
Craig Posmantur Doreen Posmantur
Mr. Coppola moved that the above item be taken from the table.
Mary Pyrak Maria Rosa
Seconded by Mr. Fontana moved
Lori Rykovich Catherine Santora
CARRIED
William Savage Kimberly Schaus
Mr. Coppola now made a motion to approve said item.
Clara Sciandra Leslie Sickau
Seconded by Mr. Fontana
Thomas Smith Ken Skinner
PASSED.
Tracey Stein Terri Stirrup
Richard Stoddard Linda Sunday
NO. 170
Patricia Szczesny Thu Cuc Tingley
BOND RESOLUTION-TIFT ST GREENWAY
Virlee Townsel Donna Vaccaro
IMPROVEMENTS $245,000
Norma Vazquez Jocelyn Viola
(RES. #132-C.C.P., NOV 30, 2004)
Mary Wajmer Margaret Walton
Mr. Coppola moved that the above item be taken from the table.
Laura Weigand Erich Weyant
Seconded by Mr. Fontana
Denise White Minnie Wiggins
CARRIED
Charleen Willard Dolores Winkowski
Mr. Coppola now made a motion to approve said item.
Sandy Winkowski Anita Woodruff
Seconded by Mr. Fontana
Jon Wright Sylvia Young
PASSED.
David Zobinski Eileen O’Neil
AYES - 9 NOES - 0
Norbert Orlowski Lillie Washington
Steven Golias Susan Linton
NO. 171
Mary Conrad Irene Morris
BOND RESOLUTION-WEST FERRY ST BLACK ROCK
Lisa Nice Denise Hodges
CARTEL BRIDGE RECONST $700,000 (RES. #13~-C.C.P.,
Casimier Czamara Julienne Sands
NOV 30, 2004)
Grace Campanella Barbara Brauch
Ayes-4. Noes-0.
Mr. Coppola moved that the above item be taken from the table.
Seconded by Mr. Fontana
No. 2
CARRIED
I transmit herewith the Pension Payroll for
Mr. Coppola now made a motion to approve said item.
the Police Pension Fund for the month of
Seconded by Mr. Fontana
PASSED. November 2004 amounting to $5,956.92,.
AYES - 9 NOES - 0
and request that checks be drawn to the
order of the persons named herein for the
ANNOUNCEMENT OF COMMITTEE MEETINGS
amounts stated.
The following meetings are scheduled. All meetings are held in
th
Adopted.
the Common Council Chambers, 13floor City Hall, Buffalo,
Ayes-4. Noes-0.
New York, unless otherwise noted.
Regular Committees
No. 3
Committee on Civil Service Tuesday, December 21, 2004 at
On motion by Mr.Masiello , the City of
9:30 o'clock A.M.
Buffalo Police and Fire Pension Board
Committee on Finance Tuesday, December 21, 2004 at 10:00
Meeting adjourned at a.m.
o'clock A.M. following Civil Service
Committee on Legislation Tuesday, December 21, 2004 at 2:00
o'clock P.M.
Committee on Comm. Dev. Wednesday, December 22, 2004
at 10:30 o'clock A.M.
Special Committees
Minority Business Enterprise Committee meeting, Monday,
December 20, 2004 at 9:30 AM in room 1417
Special Taxicab and Livery Adhoc Committee Meeting,
Thursday, December 16, 2004 at 10:00o'clock AM
Special Community Development Meeting, Thursday,
December 16, 2004 at 3:00 PM in room 1417.
Filing deadline for Common Council Meeting of
December 28, 2004 will be Thursday December 23, 2004 at
10:00 AM
(Public Disclaimer): All meetings are subject to change and
cancellation by the respective Chairmen of Council
Committees. In the event that there is sufficient time given for
notification, it will be provided. In addition, there may be
meetings set up whereby the City Clerk's Office is not made
aware; therefore, unless we receive notice from the respective
Chairmen, we can only make notification of what we are made
aware.
NO. 173
ADJOURNMENT
On a motion by Mr. Coppola, Seconded by Mr Davis, the
Council adjourned at 5:15 pm
GERALD CHWALINSKI, CITY CLERK
Board of Police and Fire Pension
Proceedings #9
Office of the Mayor-201 City Hall
December 9, 2004
Present:; Anthony M. Masiello, Mayor; David
A. Franzyk, Council President-
Frank Belliotti, Deputy Comptroller, Michael
Risman, Corporation Counsel-4
The Journal of the last meeting was
approved.
No. 1
I transmit herewith the Pension Payroll for
the Fire Pension Fund for the month of
November 2004 amounting to $,$6,083.58.
and request that checks be drawn to the
order of the persons named herein for the
amounts stated.
Adopted