HomeMy WebLinkAbout04-1130
No. 22
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
November 30, 2004
MAYOR
Hon. Anthony M. Masiello
ACTING 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
A review of the service requests comparing October to
September, shows about a 20% decrease in requests,
which is consistent with October to September 2003.
A review of the service request categories shows the
COMMON COUNCIL
biggest reductions for service in Inspection Requests (-
CITY HALL - BUFFALO
258) and Garbage Complaints (-146). The two
TUESDAY, NOVEMBER 30, 2004
categories that showed significant increases in October,
AT 2:00 P.M.
were Tote Requests (+123) and User Fee Inquiries
(+97) both caused by the User Fee bills being mailed
PRESENT – David A. Franczyk, President of the
on October 1, 2004, where many callers downsize their
Council, and Council Members Bonifacio, Coppola,
totes or question the accuracy of their bills.
Davis, Fontana, Golombek, Griffin, and Thompson
An update of the status of "Open" calls for September
– 8
2004 is that all abandoned cars listed have been
removed and that the majority of police and public
ABSENT –- Russell- 1
works' requests have been addressed. Overall, October
2004, was consistent with October 2003. As always, I
On a motion by Mr. Coppola seconded by
hope that this information is useful.
Mr.Fontana, the minutes of the stated meeting held
RECEIVED AND FILED
on November 16, 2004 were approved.
NO. 4
FROM THE MAYOR
Request to Place Police Cameras at Strategic
Locations
NO. 1
CCP# 138 11/03/04
Re-appointment of Members to the
In regards to the above resolution, I would like to
Elevator Safety Review Board
propose that the city conduct a competition in each of
Pursuant to the powers vested in me by Chapter
the nine councilmanic districts, to enable security
167.3 of the Buffalo Code, I hereby reappoint the
companies to demonstrate the capabilities and
following individuals to the Elevator Review Board for a
versatility of security systems that they believe will best
term commencing immediately and will expire April 30,
satisfy the needs of specific situations.
2007.
For instance, Iron Island Security, 1160 E.Lovejoy
Joseph S. Cattarin Elevator Maintenance of Bflo. 701
Street, Buffalo, New York 14206, has offered to
Seneca Street Buffalo, New York 14210
demonstrate a security camera system in the Masten
Donald H. Winkle Int. Union of Elevator Constructors-
district. Other security companies should also be
Local 3527 Harlem Road Buffalo, NY 14225
afforded the opportunity to work with district Council
Peter L. Hall Schindler Elevator Company 227 Thorne
Members and the Buffalo Police Department, as well
Avenue Orchard Park, NY 14127
as, the working group identified in No. 138.
David G. Asmuth National Elevator Inspection Services
This competitive approach would be more fair and
1411 Chili Avenue Rochester, NY 14624
educational, than previous programs of purchasing
Steven Carmina Carmina & Wood P.C. 300 Pearl
security cameras.
Street Buffalo, NY 14202
Those programs hired consultants, who had to design a
Stephen R. Fitzmaurice Marine Buffalo Associates One
system, prepare bid specifications and conduct the bid
HSBC Center Buffalo, NY 14203
process.
I hereby certify that the above named individuals are
This type of approach was very expensive, time
fully qualified to serve as members of the Elevator
consuming and resulted in numerous complaints
Safety Review Board.
regarding the bid specifications favoring one company
REFERRED TOTHE COMMITTEE ON LEGISLATION
over other companies, based upon the technical nature
AND THE DIRECTOR OF COLLECTIONS
of surveillance equipment.
I look forward to attending the first meeting with the
NO. 2
Buffalo Police Department.
Certificate of Appointment REVISED
REFERRED TO THE COMMITTEE ON FINANCE
Appointment Effective: 11-5-04 in the Department of
AND THE COMMISSIOINER OF POLICE
MAYOR
Division of EXECUTIVE to the Position of SENIOR
FROM THE OFFICE OF STRATEGIC PLANNING
ACCOUNT CLERK Permanent, promotion, Maximum,
Starting Salary of: $30,114.00
NO. 5
GRETCHEN M. KRIEGER 81 REBECCA PARK
Abandonment and Sale of 493, 503, 541 & 543
BUFFALO, NEW YORK 14207
Seneca Former Fargo Electric Site -
REFERRED TO THE COMMITTEE ON CIVIL
Ellicott District
SERVICE
The Office of Strategic Planning, Division of Real
FROM THE MAYOR - EXECUTIVE DEPARTMENT
Estate, has received a request from Parkside Holdings,
FROM THE OFFICE OF CITIZEN SERVICES
LLC located at 275 Cooper Street, Tonawanda, New
York to acquire 493, 503, 541 & 543 Seneca Street.
No. 3
They intend to construct a 15,000 to 18,000 square foot
Monthly report from the Division of Citizen Services
office/warehouse complex for their coffee roasting
October 2004
business.
Attached for your review is the following: (1) chart of
Providing Your Honorable Body approves the
service calls for October 2004, (2) chart of service calls
abandonment and sale they will submit plans and proof
for October 2003- for comparative purposes, and (3)
of financing.
charts of "Open" service calls for September 2004, as
Your Honorable Body may authorize the sale of the
of October 31, 2004.
property In accordance with Article 27, Section 27-5 of Shaped Lot
the City Charter - Sale by Appraisal. Assessed Valuation: $1,000.
I am requesting that Your Honorable Body authorize the The Office of Strategic Planning, Division of Real
abandonment/sale of the subject properties by Estate has received a request to purchase 468 Adams
appraisal and direct this office to negotiate the sale and Street from Mr. Leonard F. Watts and Mrs. Shirley
report the results of negotiations with Your Honorable Parker/Watts, 65 Beckwith Street, Buffalo, New York
Body for final approval. 14212. Mr. and Mrs. Watts own and reside at 65
REFERRED TO THE COMMITTEE ON COMMUNITY Beckwith Street, which is adjoining 468 Adams Street
DEVELOPMENT AND THE CORPORATION and intend to use this vacant lot for additional yard
COUNSEL space.
The Division of Permit and Inspection Services and the
NO. 6 Division of Collections have no objections to the sale.
APPROVAL OF CONTRACT FOR There are no building code violations, taxes or other
SALE OF LAND - 266 AND 286 liens owed to the City by the purchasers.
OAK STREET The Division of Real Estate has investigated the sale of
SIGNATURE DEVELOPMENT similar residential vacant lots in the subject area. Sale
BUFFALO, LLC, REDEVELOPER prices range from forty cents (.40) to one dollar ($1.00),
The City of Buffalo Urban Renewal Agency duly per square foot.
designated Signature Development Buffalo, LLC, The results of our negotiations are that Mr. and Mrs.
and/or joint venture, partnership, corporation or other Watts have agreed and are prepared to pay one
legal entity to be formed as the qualified and eligible thousand dollars ($1,000), forty cents (.40) per square
Redeveloper for the subject parcel. foot, for the subject property. Mr. and Mrs. Watts have
The Agency has also determined that the proposed also agreed to pay for the cost of the transfer tax,
Land Disposition Agreement negotiated by the Agency recording fees and cost of the legal description.
and the Redeveloper is satisfactory. I am recommending that Your Honorable Body approve
Please be advised that in accordance with the the sale of
provisions of Article 15A of the General Municipal Law, 468 Adams Street to Mr. and Mrs. Watts in the amount
it is now necessary for your Honorable Body to set a of one thousand dollars ($1,000). I am further
date for a public hearing, and to direct the publication of recommending that the Corporation Counsel prepare
a notice of said hearing. In the interest of time and the necessary documents for the transfer of title and
anticipating that Your Honorable Body is willing to that the Mayor be authorized to execute the same.
expedite this matter, I have taken the liberty to prepare Mr. Coppola Moved:
a Resolution together with a Notice of Public Hearing That the above communication from the Office of
for your action. Strategic Planning, Division of Real Estate, dated
Forwarded separately are the following documents: November 18, 2004, be received and filed; and
1. Resolution setting Public Heating That the offer from Mr. Leonard F. Watts and Mrs.
2. Notice of Public Heating Shirley Parker/Watts, residing at 65 Beckwith Street, in
3. Resolution approving proposed Land Disposition the sum of one thousand dollars ($1,000.00) for the
Agreement purchase of 468 Adams, be and hereby is accepted;
After the Public Hearing is held, Your Honorable Body and
may adopt a Resolution authorizing the disposition of That the appraisal requested by the City of Buffalo shall
the land to the Redeveloper, which the Agency has be paid by the purchaser;
designated as being qualified and eligible That the transfer tax, recording fees and cost of legal
REFERRED TO THE COMMITTEE ON COMMUNITY description shall be paid by the purchaser; and
DEVELOPMENT That the Corporation Counsel be authorized to prepare
AND THE CORPORATION COUNSEL the necessary documents for the transfer of title and
that the Mayor be authorized to execute the same, in
NO. 7 accordance with the terms of sale upon which the offer
Elmwood Ave. Demoitions was submitted.
as a Restricted Use PASSED
Item No. 130, C.C.P. 11/16/2004 AYES - 8 - NOES - 0
The Office of Strategic Planning has reviewed the
proposal to add Demolitions" to the list of uses No. 9
restricted within the current Elmwood Avenue Business Results of Negotiations
District zoning. Since the action of demolition is not a Northern Portion of 2017 Bailey
“Use" of a parcel of land, this office feels it would be Vacant Land 10' x 118' only
inappropriate to require an applicant to obtain a Lovejoy
restricted use permit as part of a demolition request. The Office of Strategic Planning, Division of Real
The Common Council may desire to require the Estate has received a request to purchase the northern
Council's review and approval of all demolitions within portion of 2017 Bailey Avenue from Mr. Yamin Shah,
specific zoning or other districts, only after a review of 2021 Bailey Avenue, Buffalo, New York 14211. Mr.
the existing City Charter regulations related to Shah owns a one family home at 2021 Bailey Avenue,
demolitions and the administration powers of which is adjacent to this 10'x 118' portion of 2017 Bailey
appropriate City Departments. Avenue. He intends to use the subject property for
REFERRED TO THE COMMITTEE ON LEGISLATION additional yard space.
The Division of Permit and Inspection Services and the
NO. 8 Division of Collections have no objections to the sale.
Results of Negotiations There are no building code violations, taxes or other
468 Adams, S Corner Beckwith liens owed to the City of Buffalo by the purchaser.
Lot Size: 32' x 77', Triangular Irregular The Division of Real Estate has investigated the sale of
similar residential vacant lot properties in the subject He has also agreed to pay for the cost of the transfer
area. Sales prices range from one dollar ($1.00) to tax, recording fees and cost of the legal description.
three dollars ($3.00), per front foot. I am recommending that Your Honorable Body approve
The results of our negotiations are that Mr. Shah has the sale of
agreed and is prepared to pay one thousand dollars 11 Fargo Avenue to Mr. Felix Barikor in the amount of
($1,000), one dollar ($1.00) per front foot, for the seven thousand five hundred dollars ($7,500). I am
subject portion of property. He has also agreed to pay further recommending that the Corporation Counsel
for the cost of the transfer tax, recording fees and cost prepare the necessary documents for the transfer of
of the legal description. title and that the Mayor be authorized to execute the
I am recommending that Your Honorable Body approve same.
the sale of the northern portion of 2017 Bailey 10' x Mr. Coppola Moved:
118'. I am further recommending that the Corporation That the above communication from the Office of
Counsel prepare the necessary documents for the Strategic Planning, Division of Real Estate, dated
transfer of title and that the Mayor be authorized to November 22, 2004, be received and filed; and
execute the same. That the offer from Mr. Felix F. Barikor, Jr., residing at
Mr. Coppola Moved: 342 Rhode Island, in the sum of seven thousand and
That the above communication from the Office of five hundred dollars ($7,500.00) for the purchase of 11
Strategic Planning, Division of Real Estate, dated Fargo, be and hereby is accepted; and
November 18, 2004, be received and filed; and That the appraisal requested by the City of Buffalo shall
That the offer from Mr. Yamin Shah, residing at 2021 be paid by the purchaser; and
Bailey Avenue, in the sum of one thousand dollars That the transfer tax, recording fees and cost of legal
($1,000.00) for the purchase the northern portion of description shall be paid by the purchaser; and
2017 Bailey Avenue, be and hereby is accepted; and That the Corporation Counsel be authorized to prepare
That the appraisal requested by the City of Buffalo shall the necessary documents for the transfer of title and
be paid by the purchaser; that the Mayor be authorized to execute the same, in
That the transfer tax, recording fees and cost of legal accordance with the terms of sale upon which the offer
description shall be paid by the purchaser; and was submitted.
That the Corporation Counsel be authorized to prepare PASSED
the necessary documents for the transfer of title and AYES - 8 - NOES - 0
that the Mayor be authorized to execute the same, in
accordance with the terms of sale upon which the offer NO. 11
was submitted. Results of Negotiations
PASSED 934 Fillmore, 460' N Sycamore
AYES - 8 - NOES - 0 Lot Size: 30' x Iregular Depth to Wilson Street
Assessed Valuation: $1,700
NO. 10 946 Fillmore, 490' N Sycamore
Results of Negotiations Lot Size: 30' x Irregular Depth to Wilson Street
11 Fargo, 80' NW Hudson Assessed Valuation: Land $1,700
Vacant Lot: 40' x 120' Total 19,300
Assessed Valuation: 948 Fillmore, 520' N Sycamore
Land $ 4,800 Lot Size: 30' x Irregular Depth to Wilson Street
Total $20,000 Assessed Valuation: $1,700
Ellicott Fillmore
The Office of Strategic Planning, Division of Real The Office of Strategic Planning, Division of Real
Estate has received a request to purchase 11 Fargo Estate has received a request from Mr. Melvin J. Davis
from Mr. Felix F. Barikor, Jr., 342 Rhode Island, Buffalo, and Mrs. Joyce Davis, 175 William Street, Buffalo, New
New York 14213. Mr. Barikor intends to purchase 11 York 14204, to purchase the above captioned
Fargo, bring this apartment type building into code properties for the purpose of rehabilitating and residing
compliance and use as a place of residence and rental at 946 Fillmore and using 934 and 948 Fillmore for yard
income. space.
The purchaser has provided the Division of Real Estate Mr. and Mrs. Davis have provided the Division of Real
with a plan to rehabilitate the building and proof of Estate with a detailed cost estimate to rehabilitate 946
financial ability to complete the purchase and make Fillmore Avenue and proof of financial ability to
repairs. This two story apartment type building was complete the purchase and repairs. 946 Fillmore is a
acquired by the City of Buffalo through a tax foreclosure 2,693 square foot two and one half story two family
in August 2001 in fair condition, situate on a lot 40' x house in poor condition acquired by the City of Buffalo
120'. through a City Foreclosure in November 2000, situate
The Division of Permit and Inspection Services and the on a lot 30' with an irregular depth to Wilson Street. 934
Division of Collections have no objections to the sale. and 948 Fillmore are adjacent to 946 Fillmore on both
There are no building code violations, taxes or other sides.
liens owed to the City of Buffalo by the purchaser. The Division of Permit and Inspection Services and the
The Division of Real Estate has investigated the sale of Division of Collections have no objections to the sale.
similar apartment type buildings in the subject area. There are no building code violations, taxes or other
Sales prices range from one dollar and fifteen cents liens owed to the City by the purchasers.
($1.15) to three dollars and fifty-seven cents ($3.57), The Division of Real Estate has investigated the sale of
per square foot of living area. similar two family houses in the subject area. Sales
The results of our negotiations are that Mr. Felix prices range from ninety-five cents (.95) to three dollars
Barikor, Jr. has agreed and is prepared to pay seven and fifty cents ($3.50) per square foot of living area.
thousand five hundred dollars ($7,500), two dollars and The results of our negotiations are that Mr. and Mrs.
ninety-five cents ($2.95) per square foot of living area. Davis have agreed to a sales price of six thousand
dollars ($6,000), two dollars and twenty three cents description shall be paid by the purchaser; and
($2.23) per square foot living area, for the subject That the Corporation Counsel be authorized to prepare
properly. Mr. and Mrs. Davis have also agreed to pay the necessary documents for the transfer of title and
for the cost of the transfer tax, recording fees and cost that the Mayor be authorized to execute the same, in
of the legal descriptions. accordance with the terms of sale upon which the offer
I am recommending that Your Honorable Body approve was submitted.
the sale of 934, 946 and 948 Fillmore Avenue in the PASSED
amount of six thousand dollars ($6,000) to Mr. and Mrs. AYES - 13 - NOES - 0
Davis. I am further recommending that the Corporation
Counsel prepare the necessary documents for the FROM THE COMMISSIONER OF PUBLIC WORKS
transfer of title and that the Mayor be authorized to NO. 13
execute the same. Repair of Streetlight Foundations and Knockdowns
REFERRED TO THE COMMITTEE ON COMMUNITY Citywide Group 634
DEVELOPMENT This is to advise your Honorable Body that I have
advertised for and received public bids on November
NO. 12 17, 2004 for the Repair of Streetlight Foundations and
Results of Negotiations Knockdowns - Citywide - Group 634. These bids were
184 Victoria, 120' W Hill necessary as a result of a 10/20/2004 notification from
Lot Size: 30'x 115' NIMO (copy attached) informing the City that they will
Assessed Valuation: $19,500 no longer handle pole repairs related to knockdowns.
The Office of Strategic Planning, Division of Real The following bids were received:
Estate has received a request to purchase 184 Victoria CONTRACTOR
Avenue from Ms. Daria L. Pratcher, President of TOTAL BID PRICE
Fillmore Leroy Area Residents, Inc., 307 Leroy Avenue, O'Connell Electric Co.
Buffalo, New York 14214 to purchase the City-owned 929B Ransom Road $108,831.00
building at 184 Victoria Avenue. Lancaster, NY 14086
The property consists of a 2,242 square foot two family Spoth Enterprises, Inc.. $249,000.00
frame house acquired by the City through foreclosure in 8746 Lakeshore Road
2002, situate on a lot 30' x 115'. The house is in poor Angola, NY 14006 NO BID
condition and was scheduled for demolition. Fillmore 21 Foundry Street
Leroy Residents, Inc. will substantially rehabilitate the Buffalo, NY 14207
two family home with HOME Funds. This property after Ferguson Electric NO BID
rehabilitation will be resold to an eligible low income 333 Ellicott Street
family. Buffalo, NY 14203
The Office of Strategic Planning and Division of Frey Electric NO BID
Collections have no objections to the sale. There are no 100 Pearce Avenue
outstanding taxes, building code violations, or other Tonawanda, 14150
liens owed to the City of Buffalo by the purchasers. I hereby certify that the lowest responsible bidder for
An independent appraisal of the property was the above project is O'Connell Electric Co. with a base
conducted by Michael McNerney of McNerney bid amount of $108,831.00. The engineer's estimate for
Appraisal, 430 Center Street, Lewiston, New York this work is $125,000.00 and funds are available in
14092. He has estimated the value of the property to be Capital Project Accounts 30032106-445100 and
two thousand dollars ($2,000). The Division of Real 13116006-443100
Estate concurs with the estimate. Sales of similar I therefore recommend that Your Honorable Body
properties have sold for $1,500 to $5,000. authorize a contract aware to O'Connell Electric Co. in
The results of our negotiations are that Fillmore Leroy accordance with their low bid on November 17, 2004 in
Area Residents, Inc. have agreed and are prepared to the amount of $119,714.10 ($108,831.00 Base Bid +
pay two thousand dollars ($2,000). They have also 10% Unit Price Increase of $10,833.10.00 equals
agreed to pay for the cost of the appraisal, transfer tax, $119,714.10).
recording fees and cost of the legal description. Mr. Coppola Moved:
I am recommending that Your Honorable Body approve That the above communication from the Commissioner
the sale of of Public Works, Parks and Streets dated November
184 Victoria Avenue to Fillmore Leroy Residents, Inc. 22, 2004, be received and filed; and
for the amount of two thousand dollars ($2,000). I am That the Commissioner of Public Works, Parks and
further recommending that the Corporation Counsel Streets, be, and he hereby is authorized to award a
prepare the necessary documents for the transfer of contract for Repair of Streetlight Foundations and
title and that the Mayor be authorized to execute the Knockdowns, Citywide Group 634, to O'Connell Electric
same. Co., the lowest responsible bidder, in the amount of
Mr. Coppola Moved: $119,714.10 ($108,831.00 Base Bid & 10% Unit Price
That the above communication from the Office of Increase of $108,831.00 equals $119,714.10). Funds
Strategic Planning, Division of Real Estate, dated for the project are available in Accounts 30032106
November 19, 2004, be received and filed; and 445100 and 13116006-443100.
That the offer from Ms. Daria L. Pratcher, President of PASSED
Fillmore Leroy Area Residents, Inc., 307 Leroy Avenue, AYES - 8 - NOES - 0
in the sum of two thousand dollars ($2,000.00) for the
purchase of 184 Victoria Avenue, be and hereby is NO. 14
accepted; and Change in Contract
That the appraisal requested by the City of Buffalo shall Seneca Babcock Community Center
be paid by the purchaser; and Renovations
That the transfer tax, recording fees and cost of legal Job #0401
Lovejoy District invoices be abated and the Commissioner of
I hereby submit to Your Honorable Body the following Assessment places the charge(s) on the Local tax rolls.
changes for the Seneca Babcock Community Center, 2005 Total - $45,577.50
Renovations, General Construction, Miller Enterprises, Mr. Coppola Moved:
Inc., C #92010885. That the above communication from the Commissioner
1. Change 6 closet door frames to hollow of Public Works, Parks and Streets dated November
metal and erect new partition on side of stairs 24, 2004, be received and filed; and
with a wood cap. Extend existing landing, add That the Commissioner of Public Works, Parks and
a new stair, level existing floor and install new Streets, Division of Streets is authorized to abate the
floor finishes in corridor. grass cutting invoices as listed above and the
Add $ 6,231.00 Commissioner of Assessment & Taxation places the
The foregoing change results in a net increase in the charge(s) on the local tax rolls for a 2005 total -
contract of Six Thousand Two Hundred Thirty One and $45,577.50.
00/100 Dollars ($6,231.00). PASSED
Summary: AYES - 8 - NOES - 0
Current Contract Amount $ 115,105.00
Amount of This Change Order (#2)Add $ 6,231.00 NO. 17
Revised Contract Amount $ 121,336.00 PERMISSION TO NEGOTIATE/ACQUIRE
Costs have been reviewed by the Department of Public RIGHT OF WAY PARCELS
Works, Parks & Streets and were found to be fair and GENESEE STREET RECONSTRUCTION
equitable. Funds for this work are available in BAILEY AVE. TO EAST CITY LINE
34310306 445100 - Division of Buildings. FHWA/NYSDOT PIN #5755.56
I request that Your Honorable Body authorize the Permission is requested from Your Honorable Body to
Commissioner of Public Works, Parks & Streets to authorize the Commissioner of Public Works, Parks and
issue a change order to the contractor as set forth Streets to negotiate and acquire mandated engineering
above. design Right of Way parcels at the intersection of
Mr. Coppola Moved: Genesee St./Bailey Ave. related to the subject project.
That the above communication from the Commissioner There are (2) Right of Way acquisitions required and all
of Public Works, Parks and Streets dated November legal descriptions, maps and appraisals are being
19, 2004, be received and filed; and prepared by our project consultant. The (2) locations,
That the Commissioner of Public Works, Parks and respective owners and square footage of each
Streets be, and he hereby is authorized to issue change necessary Right of Way parcel is as follows:
order No. 2, to Miller Enterprises, Inc., an increase in
the amount of $6,231.00, as more fully described in the 1. 2151 BaileyAve.
above communication, for work relating to Job No. #040 Harmac Medical Products, Inc.
I, Seneca Babcock Community Center, Renovations, Lewis Somers Ill
General Construction, 2201 Bailey Ave.
C #92010885. Funds for this project are available in Buffalo, NY 14211
34310306 445100 - Division of Buildings. Area: 741.8 sq. ft
PASSED
AYES - 8 - NOES - 0
2. 1829 Genesee St.
NO. 15 Xiao Bao Lu & Meei Ling Lu
R. Cummings - Pay invoices PO Box 214
for Tosh Collins and Getzville, NY 14221
Cazenovia Ice Rink Monitoring Area: 532.3 sq. ft.
Item #54 CCP 11/16/2004
This $7.5 million project is funded by FHWA,
The referenced item was sent to this office for NYSDOT and the City of Buffalo as part of local
comment. Transportation Program and is 95% reimbursable to the
According to our agreement with the County of Erie, the City of Buffalo. Costs for these necessary Right of Way
County was required to honor all contracts and acquisitions are not expected to exceed $50,000 and
agreements that were in place. I have thus sent a funds will be available in a Capital Project Account
notice to the County's Park Commissioner indicating specifically for this project. Anticipated bidding date for
that they are responsible for the billing from ARC & this project is February 2005.
Comm. Mr. Coppola moved
REFERRED TO THE COMMITTEE ON AND ERIE That the above communication from the Commissioner
COUNTY PARKS of Public Works, Parks and Streets dated November
24, 2004, be received and filed; and
NO. 16 That the Commissioner of Public Works, Parks and
GRASS CUTTING INVOICE TRANSFERS Streets be, and he hereby is authorized to negotiate
In accordance with Chapter 341, Article I of the City and acquire mandated engineering design Right of Way
Ordinance, I am herewith attaching a list of parcels of parcels at the intersection of Genesee Street/Bailey
land in the City of Buffalo owners or persons having Avenue related to Genesee Street Reconstruction
charge of such lands and the cost of cutting grass, Bailey Avenue to East City Line FHWA/NYSDOT PIN
weeds on these properties by the Department of Public #5755.56. The acquisitions are not expected to exceed
Works, Parks & Streets, Division of Streets during the $50,000 and funds will be available in a Capital Project
months of June through October 2004. Account specifically for this project.
The Department of Public Works, Parks and Streets, PASSED
Division of Streets is requesting that the following AYES - 8 NOES - 0
the Position of Clerk, Permanent at the Intermediate
NO. 18 Starting Salary of $26,499
PERMISSION TO RETAIN CONTRACTOR AND Laurie Piazza, 366 Villa Drive, Buffalo, NY 14216
ACCEPT RELATED FINANCING REFERRED TO THE COMMITTEE CIVIL SERVICE
VARIOUS ENERGY IMPROVEMENTS
TRAFFIC SIGNALS AND CITY COURT FROM THE COMMISSIONER OF POLICE
Permission is hereby requested from your honorable NO. 20
body to allow the Commissioner of Public Works, Parks CITY OF BUFFALO, POLICE DEPARTMENT
and Streets to retain Wendel Energy Services to REQUEST FOR RESPONSE
perform Various Energy Improvements: Traffic Signals RE: "PUBLIC SAFETY DISPATCHERS"
and City Court and to receive funds from several RES. #115, C.C.P. 10/19/04
governmental agencies to partially finance the work. Pursuant to the request dated October 20, 2004
The project consists of two distinct parts. First, regarding "Public Safety Dispatchers," Resolution #115
replacing the incandescent bulbs in all traffic signals C.C.P. 101904, the Buffalo Police Department submits
with energy efficient LED bulbs and replacing obsolete the following response:
and/or inoperable signal controllers. Second, replacing The Buffalo Police Department has been working with
the City Court air conditioning system, which was Erie County Central Police Services along with other
installed in 1973 and is well beyond its useful life, with a County and City Departments, in a cooperative effort to
more energy efficient system and making other energy consolidate emergency dispatch and management
saving modifications to the facility. information systems services. The rationale for such
As allowed by State Energy Law Article 9-103, effort is to obtain the benefits of interoperable
Paragraph 6, the Commissioner of Public Works, Parks communications between the City, County and the
and Streets received proposals from several energy many other emergency service providers in the region.
performance contractors. After reviewing the proposals The City will initially benefit from the implementation of
and interviewing each contractor, we recommend new Computer-Aided Dispatch (CAD) system. The
Wendel Energy Services be awarded the contract. The Buffalo Fire Department and Buffalo Police Department
not to exceed value for Traffic Signal work is $4.1 are in need of capital outlay expenditures related to
million and for the City Court work is $2.5 million. Total new CAD systems, at an estimated cost of $3-4 million.
project value is not to exceed $6.6 million. Wendel has By applying a portion of the City's allocation of Urban
guaranteed that the City will save a minimum of Area Security Initiative Grant funding to this merger
$326,000 in energy and operational costs per year effort, the City will reap the benefits of a new CAD
based on current prices. system and integrated work area.
A portion of the project will be financed in three ways. The combination of investments by both the City and
NITTEC will provide $1.6 million at 1.5% over a ten-County will allow each entity to build a product that will
year period. NYSERDA will underwrite $1.0 million at provide bettor services to the region than had each
0% over a ten-year period. The balance will be financed entity attempted to proceed in their own direction. If the
over a ten-year period through a municipal lease City is successful in its negotiations with labor unions
agreement. Bids were solicited from seven financial and is able to transfer its employees to the County, and
service providers. The low bidder, Municipal Leasing is further successful in its agreement with the County,
Consultants, quoted an annual rate of 3.812%. The the City may be in a position to garner benefits from the
next low rate was 4.180%. The Comptroller has savings related to employee salaries and benefits.
reviewed and approved the proposed leasing While this working relationship has been on going for
agreement. quite some time, there is no formal agreement between
Funds to make the annual lease payments will be the City and County for the merger of services. It is my
obtained from several sources. For the City Court understanding that a formal agreement, which has been
portion, Erie County is obligated by their lease approved by both the Common Council and the Erie
agreement to pay 23% of capital improvement costs for County Legislature, will be required in order to move
system replacements. They have been notified of their forward with a consolidation and to initiate negotiations
obligation. After deducting the County payment, the with both the City and County labor unions. The lack of
Unified Court System (New York State) has agreed to an agreement places the City in a position, which has
pay a not allowed for formal labor negotiations.
minimum of 25% and a maximum of 50% of the It would certainly be in the interest of the County and
remaining cost. The actual amount shall be calculated the City to proceed swiftly in establishing a formal
each year based on the energy and construction relationship and thereafter negotiating with the
savings in that year. Additionally, we are pursuing necessary labor unions. The Buffalo Police Department
incentives for energy conservation from NYCERDA that has invested a great deal of time and effort in this
could total as much as $300,000. The funds would be project and is certainly willing to continue in that
obtained by the end of construction and would be manner. If further services are required of our
applied to the annual lease payments. Department to aid in the success of this project, please
The City of Buffalo share after energy and operational contact me.
savings will be $256,346. We have reviewed the REFERRED TO THE COMMITTEE ON BUDGET
proposed funding arrangement with the Commissioner
of Finance and he has agreed to include the required NO. 21
funding in future operating budgets. "REQUEST TO PLACE POLICE CAMERAS AT
REFERRED TO THE COMMITTEE ON FINANCE STRATEGIC LOCATIONS"
RES#138 C.C.P. NOVEMBER 3, 2004
NO. 19 Over the course of the last few months representatives
CERTIFICATE OF APPOINTMENT of the Buffalo Police Department have been contacted
Appointment effective November 15, 2004 in the by Council member Davis, and most recently Council
Department of Public Works, Division of Engineering to member Thompson, with inquiries as to the feasibility of
utilizing surveillance cameras as a means to deter Honorable Body, I am providing information regarding
crime within their Council Districts. In fact, the Buffalo outstanding collections accounts as follows:
Police Department most recently responded to a related 1. William Maggio - None
request from the Council - refer to Item#53 C.C.P. 2. Henry Osinski - None.
092104 "Use of surveillance cameras to deter crime in 3. Robert Zielinski -parking ticket summons #A4528694
L.A." (B.P.D. response attached). for $30.
As outlined in my response, proper planning and 4. Edward Hemdon - 21 Summer; taxes $886.48 (1 st
evaluation is of paramount importance in formulating a half), sewer rent $158.77 and water $146.41; 17
project of this nature. It has been the experience of Summer, water $78.68.
members of the Buffalo Police Department's executive 5. Coralia J. Hetzner - None.
staff that a project of this scope, if intended to be REFERRED TO THE COMMITTEE ON LEGISLATION
instituted citywide; with initial associated costs Except Maggio & Osinski
conceivably reaching thousands of dollars in equipment
and related resources, is better served by commencing NO. 25
as a pilot project with limited parameters. CANADIAN PRESCRIPTION DRUG PROGRAM
In as much as the Buffalo Police Department is in the CCP#54,. 3/2/04;CCP#117, 9/7/04;CCP #40,
process of preparing the initial groundwork for 10/19/04
requesting an RFI and identifying a funding resource for As per the request of your Honorable Body, I am
such a pilot project, representatives of the Police providing the following information regarding a
Department are available to meet with the Council to proposed Canadian prescription drug program, and
discuss our progress, and look forward to your input. other prescription drug programs as fully discussed in
Furthermore, at the appropriate time we will need to the above-referenced item numbers.
involve partner agencies, all of whom will be identified Pursuant to the Federal Drug Administration guidelines,
as we progress with the planning process. it is illegal for the City of Buffalo as a municipality to
Should the pilot program prove successful in terms of purchase prescription drugs from Canada. Individual
costs-benefits; justifying citywide implementation, a employees may purchase prescriptions from Canada,
large-scale program of such magnitude would require a but this would only be beneficial in a self-insured
coordination of effort, involving many of the entities prescription program through the City of Buffalo.
outlined in the Council's Resolution, which would Because the City of Buffalo does not have a self-
certainly extend beyond the realm of the Police insured program, but rather a prescription program
Department. As more encompassing issues such as through Blue Cross and Blue Shield of WNY, it would
multiple funding sources, agency responsibilities, not be beneficial for employees to purchase their
mandates, and coordination of responsibilities will prescriptions in this way considering the low copay
undoubtedly become topics of discussion, a working guidelines. Employees would pay more for prescriptions
group involving the entities outlined in the Resolution if they purchased them from Canada because
would more appropriately be convened by the Council's insurance companies are prohibited by New York State
Honorable Body or another City agency having more law from reimbursing members for prescriptions
direct controls over such resources. purchased in Canada. Furthermore, before the City of
REFERRED TO THE COMMITTEE ON FINANCE Buffalo could move to a self-insured program, the City
would have to find the money to sustain such a
FROM THE COMMISSIONER OF FIRE program, and all unions would have to agree to
NO. 22 changing to this system. It is my understanding that the
CERTIFICATE OF APPOINTMENT cities that have implemented a prescription program
Appointment effective November 15, 2004 in the through Canada all have self-insured prescription
Department of Fire to the position of Administrative programs.
Assistant Finally, the website created by NYS Attorney General
Permanent at the Starting Salary of $36,049 Elliot Spitzer referred to in Health Care News (Item #40,
Jill Parisi, 104 Portland Street, Buffalo, New York 14220 C.C.P. 10/19/04), is a website that allows individuals to
REFERRED TO THE COMMITTEE ON CIVIL check the price of medications at various pharmacies
SERVICE by zip code. Again, this is a valuable tool for individuals
who do not have prescription coverage and must pay
NO. 23 the full amount for their medication. The City of Buffalo
CERTIFICATE OF APPOINTMENT does not determine the amount of the medication, but
Appointment effective November 15, 2004 in the rather Blue Cross and Blue Shield of WNY negotiates
Department of Fire to the position of Deputy that price with the individual pharmacies.
Commissioner of Fire RECEIVED AND FILED
Mayoral Appointment at the Flat Starting Salary of
$89,372 NO. 26
Gamell W. Whitfield, Jr., 581 Grider Street, Buffalo, J.N. ADAM HOSPITAL
New York 14215 As per the request of your Honorable Body, I am
REFERRED TO THE COMMITTEE ON CIVIL providing the following information regarding the
SERVICE proposed agreement between the City of Buffalo and
the State of New York regarding the above-referenced
FROM THE CORPORATION COUNSEL property. Attached please find the proposed reverter
NO. 24 agreement and parcel descriptions, the necessary
APPOINTMENTS BOARD OF ASSESSMENT - documents for the City's sale of its reversionary interest
TEMPORARY & PERMANENT in certain parcels of land in Perrysburg, N.Y. known as
CCP #9 & 10, C.C.P. 11/16/04 J.N. Adam Hospital. The parcels will be transferred to
I am in receipt of the above-referenced Common the State of New York, acting on behalf of the
Council Communications. As per the request of your dormitory. The parcels to be transferred are referenced
and more motions, for the first time a legitimate
opportunity for the redevelopment of the site presented
itself. The President of Clover Management informed
in a survey prepared by McIntosh & McIntosh, P.C.
the City that after significant negotiations it had signed
dated July 26, 2000, which was previously provided to
a contract to purchase the property for $800,000 with
the Council.
the intention of developing the site into new housing,
This agreement will facilitate the following:
with first floor retail facing Main Street. It should also be
1. Sale proceeds to the City of Buffalo in the amount of
noted that paragraph 15 of the purchase contract
$333,900;
contained a contingency stating that the 'Agreement is
"
2. Transfer of property to the State of New York for sale
conditioned upon the dismissal, with prejudice, no later
to Trathan Co.;
than November 1, 2004, of all charges pending against
3. Future transfer of some parcels by the State of New
Alex Schmidt and~or Schmidt's Auto Service Inc. in the
York to the Town of Perrysburg, as well as the
City of Buffalo Housing Court”
water system and necessary easements;
In considering the reality of a trial, post-trial motions,
4. Retaining reversionary interests in the balance of the
sentencing, appeals, and any other legal tactics
property where the six homes have been
impeding progress at 736 Main Street, it was apparent
constructed;
that the opportunity to redevelop the property, albeit
5. Prior written approval or disapproval from the City of
with the condition that the charges be dismissed, was
Buffalo regarding the removal or demolition of the
the best option in both the short and long-term and
music dome in the dining hall.
would yield the greatest benefit to the citizens and
The scheduled closing date between the State of New
taxpayers of the City of Buffalo. Given the significant
York and Trathan Co. is December 18, 2004.
investment already taking place on Main Street and the
REFERRED TO THE COMMITTEE ON FINANCE
additional opportunities this transaction could allow, the
City's course of action makes even more sense.
NO. 27
I have also attached for your review a letter from the
NFL GRANT
President of Clover Management articulating its
I am in receipt of a request from Council Member Davis
intentions.
on behalf of the Finance Committee regarding the
REFERRED TO THE COMMITTEE ON LEGISLATION
Buffalo Raiders Little League Football/Buffalo Bills NFL
FROM THE COMMISSIONER OF PERMIT &
Fields Program. As per the request of your Honorable
INSPECTION SERVICES
Body, I am providing the following information regarding
NO. 29
the NFL Grant.
ORDINANCE AMENDMENTS REGARDING [:PERMIT
I have received the grant application prepared by the
PROCESS REFORM
Broadway-Fillmore NHS regarding the football field at
At this time I would like to furnish a report to Your
Emerson Park. I requested a copy of any agreements
Honorable Body regarding input received from various
signed by the City of Buffalo or the NHS with the NFL
individuals pertaining to the amendments to the Permit
regarding this matter. I spoke with Bruce Williams,
process.
Executive Director of Broadway-Fillmore NHS, who
Tim Keenan, Chief Combustion Inspector has reported
advised that there were no contracts signed by the City
that the changes have worked well for the Office of Fuel
of Buffalo or NHS, and the only document he had was
Devices. The only problems encountered by heating
the grant application and grant letter sent to NHS by
contractors have been minor clerical mistakes. He is
LISC.
satisfied overall with the changes.
I have reviewed the grant application and grant letter
Rick Ogorek, Chief Building Inspector has implemented
and find no liability on the part of the City of Buffalo
the changes to the permit process as well as the
regarding re-payment of any grant monies due to non-
changes in the "family of codes" of New York State as
compliance with the grant application. To date, I have
they pertain to new construction and plan review. His
not been provided any signed agreements or
office is comfortable with the changes; his main
documents outlining any liability on the part of the City
concern is with respect to technology. Computers in his
of Buffalo. However, the City did write a letter of support
division are out of date and need replacement. He feels
for the grant application, and in good faith with the NFL
hand held units would be beneficial to the new
grant guidelines, the matching funds should be
construction Inspectors. David Krug, Coordinator of
provided for the specified work to be completed at
Development Plans in the Permit Office has reported
Emerson Park
that he is working with the Planning office to go over
REFERRED TO THE COMMITTEE ON FINANCE
zoning amendments. As far as permit fees, the flat fees
are working fine. Adjustments have been made
NO. 28
regarding roofing and siding - it was decided that a
736 MAIN STREET, DEMOLITION OF
permit should be obtained for any roofing being done. If
(ITEM NO. 130, C.C.P., 11/3/04)
siding one or more complete walls a permit should be
Your Honorable body requested an explanation from
obtained. His office is studying fees based on square
the Administration as to the disposition of the Housing
footage. There haven't been many recent projects to
Court Case pertaining to 736 Main Street.
compare so the study continues. Flat fees for
It must be stated that the primary purpose for citing
demolitions seem to be working well. The Permit office
cases in Housing Court is not only to insure the
is working with MIS to tweak the online web permits -
correction of the violations in the short term, but also,
for the most part it has been very successful but minor
and more importantly, to facilitate a long-term solution
adjustments are being made. Discussions are ongoing
to the problem. In many cases, fines and other punitive
about how to handle fines with the new permit fees.
tactics are appropriate, however strictly prosecuting
Tony Ando, Chief Plumbing Inspector has offered some
cases in a punitive nature, without accounting for a
suggestions for fine-tuning the plumbing permits. One
long-term solution, is not in the public's best interest.
item being addressed is when two different plumbers
With respect to 736 Main Street, after years of court
are working on one job in phases, each plumber has to
appearances, hearings, pre-trial motions, trial dates,
current fiscal year. The BMHA Board of Commissioners
and senior staff have some very difficult decisions to
make. We must find ways to reduce the cost of
have his own permit. He suggests issuing one permit
operations cost and operate more efficiently. Over the
and having the total cost split between both plumbers.
last five years the BMHA has seen the continued
Another item being studied is when very little plumbing
erosion of federal subsidy used to fund its operations.
work is being done in a large area, cost can be an
This year alone HUD reduced the BMHA operating
issue. Sometimes two identical occupancies can have
subsidy by $1,376,503. The capital fund was also
very different plumbing work involved. Possibly affixing
reduced by $700,000. HUD has told BMHA officials to
a flat fee when this situation adses might be a solution.
expect another 5% cut in capital fund next fiscal year.
David Pierowicz, Chief Electrical Inspector has
Next year, HUD is expected to implement a new project
suggested possibly the addition of new catagories
based budget funding formula which will result in
where the flat fee (kw load) would not be appropdate.
another $1 million lost in the operating subsidy.
Also he would like to examine the idea of a maximum
As the BMHA operating budget continues to sink there
fee per contractor. Further information from Joseph
are costs that continue to escalate such as a $900,000
Giambra - Public Works Commissioner, Tim
in utility costs and a $1 million increase in health and
Wanamaker - Exec Dir of Strategic Planning, Bob
pension costs for BMHA staff. The current benefit rate
Stasio - Chief of Fire Prevention, and Joe Schiavone -
for BMHA staff is 46% above their salaries. BMHA has
Supervisor of Elevator Inspections will be forthcoming
been negotiating without success with our labor unions
upon my receipt of their respective reports.
to go to one health insurance company instead of the
I hope this satisfies your request.
existing three health insurance carriers to reduce our
REFERRED TO THE COMMITTEE ON LEGISLATION
costs in this area by $400,000 this year alone. If this
does not happen in the next several weeks as many as
NO. 30
30 BMHA staff will be laid off before the end of the
CERTIFICATE OF APPOINTMENT
fiscal year.
Appointment Effective November 22, 2004 in the
One of the areas hardest hit by the reduction of funds
Department of Administration and Finance
has been public safety. Much of the BMHA public safety
Division of Budget to the Position of Secretary to the
department officers were funded through a variety of
Commissioner of Administration & Finance
special federal and state grants that targeted drugs and
Permanent Appointment at the Starting Salary of:
crime prevention. At any one time between 13 and 20
$29,138
officer's salaries and/or overtime cost were funded by
Marilyn Fazio, 23 McClellan Circle, Bflo, NY 14220
those grants. In addition BMHA was able to fund youth
REFERRED TO THE COMMITTEE ON CIVIL
programs at its family development which also acted as
SERVICE
deterrent to crime. The largest source of funds was the
FROM THE COMMISSIONER OF COMMUNITY
Public Housing Drug Elimination Funding, which was
SERVICES
$1.2 million a year. This program's funding was ended
NO. 31
in 2001 after the first round of tax cuts approved by the
We are requesting that the fee of $75.00 be waived so
Bush Administration and Congress. In 2001, the then
that we can get a Certificate of Compliance for the
HUD Secretary Martinez said that housing authorities
office building 187 AKA 191 North Street due to the
should not be in the public safety business. There were
fact that we am both City entities,
more appropriate agencies to provide those services.
Mr. Coppola moved:
When the Public Housing Drug Elimination program
That the above communication from the Commissioner
was ended in 2002, there were promises made by
of Community Services dated November 16, 2004, be
Congress to put crime-fighting monies in housing
received and filed; and
authorities budgets the following year that never
That the fee of $75.00 be waived for a Certificate of
happened. In fact the federal budget allocated less
Compliance for 187 a/k/a 191 North Street.
operating subsidy and capital funds than in FY2000.
PASSED
This meant that BMHA had to absorb to entire cost of
AYES - 8 NOES - 0
providing public safety into an already sinking operating
budget.
NO. 32
To supplement the loss of subsidy the BMHA has had
SECOND QUARTER REPORT YEAR 30
to use it's operating reserves, which function as a
COMMUNITY DEVELOPMENT BLOCK GRANT
saving account and are to be used for extraordinary
PULBLIC SERVLCE
maintenance expenses. Last year, we used $1.6 million
Attached for your review is the following:
to cover operation cost. This year BMHA will seek the
Narrative Monitoring Reports for each agency: along
approval to use another $1.6 million to cover our
with Monthly Delivery Reports for August. September,
operating deficit. At this point BMHA must change the
October 2O04.
way we operate and consolidate departments. BMHA is
I will keep the Council informed of any concerns or
faced with tough choices that will be felt by our
problems we have with the Public Service Agencies
residents. We must maintain our core functions as a
and I hope this information is helpful.
landlord and maintain and fix our apartments and
REFERRED TO THE COMMITTEE ON COMMUNITY
properties yet ensure our residents are safe. Clearly,
DEVELOPMENT
our admission polices which do not allow individuals
with criminal backgrounds in the last five years to live in
our development and One Strike You Are Out eviction
FROM THE BUFFALO MUNICIPAL HOUSING
policies have helped to make our developments more
AUTHORITY
safe. The presence of the public safety officers also
acts as a deterrent. You are aware that almost none of
NO. 33
the ongoing violence, which has occurred in many of
BMHA Fiscal Issues
the City's neighborhoods, has happened in BMHA
The BMI-IA has a $2.3 million operating deficit for the
housing developments. We do want to keep it that way. continue to lose funding until it reaches a $4 million
Out of 3000 public housing authorities across the nation subsidy loss. If BMHA is ready to implement the project
there are only 10 with their own public safety officers. based funding by the HUD deadline, which is projected
Eight of those housing authorities that have public to be October 2005; it will stop the subsidy loss at $1
safety departments are double to four times the size of million. There were several assumptions in the Harvard
the BMHA and are located in cities like Cleveland, Study that have profound effects on the cost of BMHA
Washington, DC, Boston and Pittsburgh. The Housing operations. First, it was assumed that police services
Authorities of Baltimore and Los Angles have totally would be provide by the local municipality. Second is
eliminated their public safety departments. that most housing authorities do not have labor unions.
The City of Buffalo charter requires the municipality to The third issue was the difference in labor costs
provide police services to all of its citizens. This means between private and public sector subsidized housing
that the city must provide baseline police services to the employees was the benefits. Public employees have a
residents of the BMHA. These are the same types of much higher benefit rate. For last two issues most
police services available to all residents of the City of Housing Authorities located in the Northeast United
Buffalo. They must respond to Priority 1 and 2 calls. If States had dramatic cuts in their operating subsidies.
they have the personnel available, they respond to This was attributed to increase labor costs because of
other types of 911 calls. Currently, BMHA sites organized labor.
averages about 22 calls a day. That amounts to only The BMHA must change its operations in order to
about 4 calls per police shift according to 1st Deputy continue to provide "Housing of Choice" as oppose to
Police Commissioner of Patrol, Crystal Pellitier. BMHA "Housing of Last Resort". Over the past ten years the
did not have a public safety department for the first forty BMHA has struggled to change the image of public
years of existence. The security function began during housing and become a better landlord and neighbor.
the 1970s with security guards in the developments. BMHA has to learn how to operate smarter with a much
The services that are to be provided by the BMHA leaner budget. The War in Iraq and Terrorism, tax cuts
public safety departments are to be above baseline and large federal deficits, which will be on the horizon
services provided by the city police force. The for the foreseeable future means, continue loss of
Executive Director has proposed a major change in the federal subsidy for BMHA operations.
way the Public Safety department operates by having REFERRED TO THE COMMITTEE ON COMMUNITY
the public safety officers assigned to work directly at DEVELOPMENT
specific housing developments and eliminate the
roving patrols. This is similar to how the department NO. 34
operated in the 1980s. This would reduce operation CRAIG LEONE, PRESIDENT
costs. Overtime cost for public safety personnel CSEA, BMHA PUBLIC SAFETY OFFICER
represent 55% of the overtime budget. The department In Miss West's 11/18/04 memorandum to the BMHA
has already utilized their entire overtime allocation for Board of commissioners, she states that she has been
the fiscal year ending June 30 . Currently the BMHA negotiating with the unions to go to one health care
officers participate in the FBI Career Criminal Task provider without success. Our unit has expressed a
Force. BMHA will continue to follow up on tips and do willingness to go to the one provider, however we are
investigations concerning drug activity on our sites. We being told that our jobs will be gone as of 7/1/04. This
also have an undercover unit, which focuses on comes after our unit made several concessions and
problems within specific developments. Those functions give backs during last years negotiations.
will remain. The public safety personnel will continue Last year we gave up raises in year 1 (0%) and year 2
working with tenant councils and crime watches. Police (0%) of the contract, with a 3% raise in year 3 (frozen
Commissioner Diina has been consulted by control board). We gave up minimum manpower,
about the change of public safety functions. He stated which essentially eliminated overtime. This easily saved
this is a better approach in concentrating BMHA public the authority at least $250,000 per year. We accepted
safety manpower directly on site then having BMHA one hour less per court appearance going from 4 hrs to
public safety officer driving all over the city. This will 3 hrs. We gave up our holiday pay. This saved the
mean that several days a week you will see public authority about another $100,000. We also gave up 12
safety officers stationed in your lobbies of the high rises positions through a scheduled attrition.
or walking around your developments. The on it is true that some of the grants used to fund our
site public safety substations at Kenfield and Shaffer department were eliminated, most notably the public
Village will be reopened. housing drug elimination grant (PHDEP). It should also
More dramatic budget cuts will impact the BMHA when be noted that through our conversations with HUD and
HUD implements its new project based budget formula. Rep. Louise Slaughter last year that the money
The new methodology for funding was derived from the authorities would have been given for PHDEP was still
Harvard Study which looked at the cost of operating given to them it was just added to the overall general
public housing nationally. Since housing authorities did operating budget. When the BMHA was receiving
not have a baseline to track their cost of operations, the PHDEP money, there were close to 50 officers
study compared them to FHA properties. HUD is in the employed by the department. By the time the grant was
process of writing the final regulations for the eliminated the authority all ready had lost between 10-
implementation for project based budgeting. This 12 officers.
funding change will result in BMHA receiving subsidy Miss West states that HUD Secretary Martinez stated
based on formula calculated based on the that there are more appropriate agencies to provide our
occupied units in each development and not on the services. The BPD makes $20,000 more a year than
number of units in our portfolio. BMHA will become an we do.
asset manager. We must convert our operations to be Miss West states that out of 3000 public housing
project based. Based on this new formula BMHA will authorities across the nation, only 10 have their own
immediately lose $1 million in operating subsidy. If BMI-public safety departments. She states that Baltimore
IA has not converted to project based budgeting, it will and Los Angeles have eliminated their departments.
1412 Main St Floyd B. Myers Floyd B. Meyers
117 W. Chippewa St WNY Ent Corp WNY Ent Corp
This is very inaccurate. Out of 3000 housing authorities,
1239 Niagara St After Dark Inc After Dark Inc
many of them are small authorities with only one high
RECEIVED AND FILED
rise building. It should be noted that almost every
No. 036
medium to large city in this country has some sort of
Leaves of Absence Without Pay
dedicated policing for their public housing residents.
I transmit herewith notifications received by me,
This comes from either an authority department itself or
reporting the granting of the leaves of absence without
a housing unit within the police department.
pay, in the various departments as listed:
The Buffalo charter does require the city to answer
Assessment and Taxation-Demetria Harris
priority 1 and 2 calls. Miss West admits that if the BPD
Police- Gwen Williams, Melissa Perez
has personnel available, they will respond to other
Fire- Garnell Whit field Jr
types of calls. These other types of calls would include
Administration and Finance- Daniel Tadusz
calls such as domestics, assaults, burglaries, larcenies,
RECEIVED AND FILED.
and threats only to name a few. The BPD is downsizing
and is currently having trouble handling their current
No. 37
workload. This is no knock on the hard working men
Reports of Attendance
and women of the BPD who are asked to
I transmit herewith communications received by me,
do more with less. Now we want them to handle
from the various boards, commissions, agencies and
another 8,000 to 10,000 calls a year. Do we really
authorities reporting the membership attendance at
expect them to do more with less for NOTHING? In a
their respective meetings:
seven-month period from 3/1/04 to 9/30/04 housing
Buffalo Sewer Authority
units were dispatches and handled 4,769 calls. 354 of
RECEIVED AND FILED.
these were priority l's and 2's. This should dispel Miss
West's claims that we do not currently respond to
No. 38
priority 1 's and 2's. If the public safety department is no
Notices of Appointments - Seasonal/Flat
longer able to function or is gone, the 8,000-I0,000
I transmit herewith certificates received by me,
average calls per year will surely balloon to 15,000-
reporting seasonal and flat salary appointments made
20,000 calls without the presence that we provide. The
in various departments.
presence we provide through our vertical and foot
RECEIVED AND FILED.
patrols are above baseline services and surely act as a
Certificate of Appointment
deterrent to more serious crimes and violence. Many of
Appointment Effective: November 15, 2004 in the
the arrests made by BMHA officers are generated by
Department of Assessment and Taxation to the Position
our presence alone and our ability to get from point A to
of Clerk Seasonal, Appointment, Flat Starting Salary of
point B. For example on 11/16/04, two-day housing
$8.15
officers spotted a man attempting to break into a
Maryann Alongi 87 Rebecca Park Buffalo NY 14207
residence in the Perry Development. He was arrested
Keiattiaye Chinn 249 Hoyt Street Buffalo NY 14213
for attempted burglary. On 11/23/04 at about 1:00 am,
REFERRED TO THE COMMITTEE ON CIVIL
two night BMHA officers stopped a vehicle in the Ken-
SERVICE
Lang Development and subsequently arrested the
driver for possession of an illegal handgun that was
No. 39
loaded and defaced and possession of 4 ounces of
Appointments - Temporary, Provisional or
marijuana. Traditionally public housing developments
Permanent
are magnets for drugs and other criminal activity.
I transmit herewith Appointments in the various
Without the presence of this department the residents
departments made at the Minimum (Temporary,
who would suffer most are the elderly, those with
Provisional or Permanent) (as per contract
disabilities, and single mothers trying to raise their
requirements).
children in a safe environment.
REFERRED TO THE COMMITTEE ON CIVIL
Miss west states that overtime costs for the public
SERVICE.
safety department represent 55% of the overtime
Certificate of Appointment
budget. We firmly disagree with this. The authority
Appointment Effective November 20, 2004 in the
compiles our court time costs in the overtime budget.
Department of Public Works, Parks & Streets Division
Our unit has also offered to accept comp time instead
of Buildings to the Position of Senior First Class
of cash for court time.
Stationary Engineer Temporary Appointment at the:
Miss west also states that several days a week public
Flat Starting Salary of: $10.25
safety officers will be stationed in lobbies of high rises
Timothy D. Devany 19 Mumford Street Buffalo 14220
and seen walking developments. We do that now. How
Certificate of Appointment
can we continue to do that if no one is employed with
Appointment Effective: November 13, 2004 in the
the authority?
Department of Public Works, Parks & Streets Division
REFERRED TO THE COMMITTEE ON COMMUNITY
of Buildings to the Position of Senior First Class
DEVELOPMENT
Stationary Engineer Temporary Appointment at the:
FROM THE CITY CLERK
Flat Starting Salary of: $10.25 22 Kail Street Buffalo
14207
NO. 35
Certificate of Appointment
Liquor License Applications
Appointment Effective November 15, 2004 in the
Attached hereto are communications from persons
Department of Fire to the Position of Administrative
applying for liquor licenses from the Erie County
Assistant Permanent, Promotion at the Minimum
Alcohol Beverage Control Board.
Starting Salary of $33,345.00
Address Business Name Owner's Name
Sandra Karn 487 Colvin Ave Buffalo, NY 14216
775 Main St Suede Group Corp Suede Group Corp
NON-OFFICIAL COMMUNICATIONS, PETITIONS discussions regarding Erie County's takeover of the
AND REMONSTRANCES City Parks operations. We are especially concerned as
NON-OFFICIAL COMMUNICATIONS it relates to our mandated responsibilities under the City
of Buffalo's Pesticide Sunset Law. For your information,
No. 40 we attach a description of the law and the functions of
Intent to Purchase Former School # 63 the Pest Management Board.
As per a recent conversation with Mr. John P. Hannon, As you may know, the City of Buffalo has a waiver
Jr., Office of Strategic Planning, we are directing this process for pesticide applications deemed necessary
communication to your attention. Imagine Schools in enough to over ride the sunset portion of the ordinance.
conjunction with the Board of Trustees, Community We are concerned with how a new operation utilizing
Charter School, are highly interested in the purchase of county resources will interface with that process.
Buffalo City School # 63. School #63-Campus North is In addition, we have identified several sources of grant
located at 120 Minnesota Avenue Buffalo, New York. funds that supplement the work of the Board in training
GAR Associates incorporated recently completed an and pilot various aspects of city operations. In order to
appraisal of the property and the appraisal was mailed move forward on the grant funding, we must have a
to John P Hannon on 8/6/04. Attached find an updated coherent understanding of the new chain of
purchase agreement We trust that the Buffalo Common responsibility.
Council will notify the city of Buffalo and the School We wish to meet with responsible parties in this
District of our intent to purchase and that the generous negotiation and create a smooth, transparent and
purchase offer will be acceptable. Thank you for your simple process to comply with the Buffalo law. We
attention to this request and we look forward to hearing would wish to facilitate any county takeover of
from you in the very near future. I have taken the liberty operations that involve consideration of pesticide use
of enclosing a copy of the appraisal report for your so it is consistent with the sunset and waiver process.
information. We ask that you please identify whom we should
REFERRED TO THE COMMITTEE ON COMMUNITY contact to discuss these operations as quickly as
DEVELOPMENT, THE OFFICE OF STRATEGIC possible.
PLANNING, THE CORPORATION COUNSEL AND Thank you for your attention to this matter.
THE BOARD OF EDUCATION REFERRED TO THE COMMITTEE ON LEGISLATION
AND THE COMMISSIONER OF PUBLIC WORKS
NO. 41
REQ Frank Poincelot to Attend PMO to discuss Act NO. 43
in Pest Mngt. CITY OF BUFFALO TAXICAB METER
As co-chairs of the City of Buffalo Pest Management RATE INCREASE PROPOSAL
Board, we write to inquire as to the status of REFERRED TO THE COMMITTEE ON LEGISLATION
discussions regarding Erie County's takeover of the COPY AVAILABLE IN THE CITY CLERKS OFFICE
Thanks for all your help w
FOR REVIEW
City Parks operations.
We are especially concerned as it relates to our
NO. 44
mandated responsibilities under the City of Buffalo's
Initial Assessment of the 2005 Tentative County
Pesticide Sunset Law. For your information, we attach a
Budget
description of the law and the functions of the Pest
As I am sure you are aware, your previous
Management Board.
appointments to the Buffalo Water Board expire on
As you may know, the City of Buffalo has a waiver
12/31/04. I am requesting that you provide the Council,
process for pesticide applications deemed necessary
(send to room 1308, City Hall), your list of
enough to over ride the-sunset portion of the ordinance.
recommended appointees as soon as possible. This will
We are concerned with how a new operation utilizing
allow the Council to fully review and interview those
county resources will interface with that process.
candidates in a timely manner.
In addition, we have identified several sources of grant
During this tumultuous time at the Water Board it is
funds that supplement the work of the Board in training
more important than ever that the Board Members be
and pilot various aspects of city operations. In order to
highly qualified individuals capable of making difficult
move forward on the grant funding, we must have a
decisions for the best interest of the residents of the
coherent understanding of the new chain of
City of Buffalo. Being appointed on time will help them
responsibility.
begin their service smoothly.
We wish to meet with responsible parties in this
Thank you for your consideration in this matter.
negotiation and create a smooth, transparent and
REFERRED TO THE COMMITTEE ON LEGISLATION
simple process to comply with the Buffalo law. We
AND THE MAYOR
would wish to facilitate any county takeover of
operations that involve consideration of pesticide use
NO. 45
so it is consistent with the sunset and waiver process.
Dock in front of Gull Landing
We ask that you please identify whom we Should
1) The three buildings involved (Gull, Shanghai Reds
contact to discuss these operations as quickly as
and the waterfront Townhouses) were not contacted by
possible.
the Office of Strategic Planning. A simple phone call by
Thank you for your attention to this matter.
the public works dept would confirm that The restaurant
REFERRED TO THE COMMITTEE ON LEGISLATION
alone has spent 5 million to find that the city is changing
AND THE COMMISSIONER OF PUBLIC WORKS
their water view to .a group of boats! If the residents
were not notified then obviously all the proper steps
No. 42
were hot taken as indicated in his letter.
STATUS DISCUSSIONS
2) The memo says that up to 120 spots would be
RE CON\UNTY TAKEOVER OF CITY PARKS
created not the 80 previously disclosed. We are
As co-chairs of the City of Buffalo Pest Management
advised that this would require a State Environmental
Board, we write to inquire as to the status of
Quality Review (SECRA) which was not done. REFERRED TO THE COMMITTEE ON BUDGET
3) A simple look at the channel shows that it does REST AVAILABLE IN THE CITY CLERKS OFFICE
indeed change and place the traffic in a dogleg in front FOR REVIEW.
of our building instead of the straight run previously.. NO. 48
The 300 foot comment does not take into account the LIST OF "HOTSPOTS”
placement of our own docks. No matter what, it places The areas listed below were suggested by
these boats at least 250 feet into the channel and the Councilmembers for consideration as locations
closer to our apartment. for surveillance cameras:
REFERRED TO THE COMMITTEE ON LEGISLATION Delaware District
Lafayette Park behind 160 Tacoma
NO. 46 Hertel Alley between Colvin & Commonwealth
Floating Dock Platform Installed in Front of Gull Rail Track-Starin to Delaware, near Holling Homes
Langing ELLICOTT DISTRICT
Item #59, C.C.P. Nov. 3, 2004 Northampton & Pershing
B. Davis - Floating Dock Platform Installed in Front Jefferson & Howard
of Gull Landing Maple & High St.
On March 8, 2004, we, as operators of the Erie Basin Whitney & Virginia
Marina, presented a proposal to install up to 120 new Emslie & William
docks at the Erie Basin Marina. The proposal was given Maryland & West
to the City's Department of Public Works. Best & Timon
We were subsequently notified that the Common Allen St. at Days Park
Fillmore District
Council approved the proposal and we were given a
contract modification. Brand-On Services then hired the
Broadway & Fillmore
engineering firm of McMahon & Mann, PC. to assist us
Lovejoy District
in getting the required permits. On June 1, 2004, we
Walden & Poplar
filed a Joint Application for permits for the expansion of
Eller & Yonkers
the docks. This application was filed with the U.S. Army
Kermit St. near Bailey
Corps of Engineers. The permit was approved on
Masten District
August 9, 2004.
East Ferry St. & Wohlers
We do not see any negative impacts of this project on
Butler & Wohlers
Gull Landing, or any of the other condominiums
Jefferson & Northland
adjacent to the Marina. We feel that the added docks
Pansy & E. Delavan
will prove beneficial to the people of Buffalo and the
Wakefield & Holden
City of Buffalo.
Box & Kehr
REFERRED TO THE COMMITTEE ON LEGISLATION
Moselle & Box
French & Kehr
NO. 47
E. Delavan & Cambridge
Initial Assessment of the 2005 Tentative County
Niagara District
Budget
York & Plymouth near Dell Store
I provided you with my initial assessment of the 2005
Hampshire & Grant near Dell Store
Tentative Budget in a letter dated November 10. 2005
North District
that suggested you not adopt that budget, but rather
Riverside Park at Crowley & Tonawanda Sts.
that you work together to create a balanced budget that
Tonawanda St. between Niagara & Amherst
restores necessary services.
South District
This letter is intended to highlight some of the more
Cazenovia & Seneca
significant and unprecedented challenges you face in
Tifft & South Park
adopting a 2005 Budget. As you undertake this task, I
Abbott Rd. & Woodside
encourage you to take action, once and for all, to
Reading at South Park
eliminate the Country’s structural budget deficit. I have
University District
warned you for years about the dangers of continued
Kenfield/Langfield & Bailey
structural budgetary imbalances, but my warnings have
Cordova & Lisbon Dell Stores
been ignored.
Berkshire & Bailey
I am once again urging you to adopt a budget that
RECEIVED AND FILED
finances recurring expenditures with recurring
revenues, an action that would require you to eliminate
NO. 49
from this Tentative Budget the use of nearly $28 million
1996 CLEAN WATER - CLEAN AIR BOND ACT
of reserves. Moody’s and Fitch Ratings both
PROJECT BULLETIN
downgraded the County’s credit ratings in 2004, and
HANNA FURNACE-SUBPARCEL 3 PROPOSED
both rating agencies cited as a cause the County’s
REMEDIAL ACTION PLAN
large reliance on one-shot revenues and utilization of
November 2004 Site # B-00164-9
reserves. The $28 million is found on page 84 of the
Introduction:
budget, on two lines: Appropriated Fund Balance -
The New York State Department of Environmental
$17,860,956 ( this is the two-year rule money), and
Conservation (NYSDEC), in cooperation with the New
Appropriated Fund Balance – ECMC $10,000,000 (from
York State Department of Health (NYSDOH) and the
a previously established Designation of Fund Balance).
City of Buffalo, would like to tell you about the clean up
If you fail to eliminate the $28 million use of reserves
plans for Subparcel 3 of the Hanna Furnace
from the 2005 Tentative Budget, you are creating not
"brownfield" site. This plan was developed using
only a $28 million operational deficit for 2005, but in
funding from the Clean Water/Clean Air Bond Act of
addition, you are putting the County in a $28 million
1996 passed by the citizens of New York State.
hole for balancing the 2006 budget.
The Bond Act allows for funding of the "Brownfields" • placement of a layer of clean soil, at least two feet
Environmental Restoration Program. This program thick, over the site;
makes $200 million available to local governments to • development of a soil management plan to properly
investigate and clean up municipally owned test and dispose of any material that might be removed
brownfieids. A brownfield is an unused or under utilized from beneath the soil cover during any future site
parcel of property which may be contaminated because construction; and,
of its industrial past. Using the Environmental • property use restrictions limiting the site to only
Restoration program, the City of Buffalo has completed greenspace development and precluding the use of site
an environmental investigation of the site and, once groundwater without treatment.
remediation is complete, plans to redevelop the site as The Union Ship Canal itself is not part of the Subparcel
greenspace and use it for recreational purposes. 3 site; however, sections of the canal wall were found to
Backqround The Hanna Furnace property is located be at risk of collapsing and jeopardizing the stability of
near Route 5 at the southern limit of the City of Buffalo. the site. As a result, repair of the canal walls will be
Subparcel 3 is the 20-acre portion of the property required in order to maintain the integrity of the remedy
surrounding the Union Ship Canal. The foundry area proposed for the site. In concert with the repair of the
was once a marsh and was filled in with waste canal walls, the NYSDEC also proposes to create a
materials such as ash, cinders and slag from local shallow-water fish habitat within and adjacent to the
industries. From 1903 until 1983 when the facility was canal, restoring a small part of the habitat lost in the
closed, Hanna Furnace processed iron ore into iron. industrial development of the Buffalo waterfront.
Subparcel 3 was the unloading and storage area for Public Involvement and Information:
facility's raw materials which were delivered by Public Understanding and involvement are important to
freighters through the canal and by an extensive the success of New York's Brownfields program. To
railroad network. The last of the Hanna's blast furnaces keep you informed the City of Buffalo and NYSDEC
and buildings were demolished in 2003 and all that have placed site documents for your review in local
remains is the Union Ship Canal. Investigation: repositories. The publicis urged to review the Proposed
To determine the nature and extent of any hazardous Remedial Action Plan and the Site
waste contamination at the site, the City began an Investiqation/Remedial Alternatives ReDo~ and other
investigation in 2002 using funds from the 1996 Clean site related documents at the NYSDEC's Buffalo Office,
Water/Clean Air Bond Act. The Bond Act provided the 270 Michigan Avenue, Buffalo, N.Y. For an
City with up to $100,000 to conduct a Site Investigation appointment, please contact Mr. David Locey at (716)
and develop a Remedial Alternatives Report. The site 851-7220.
investigation found that polycyclic aromatic If you have any questions regardingthis program or
hydrocarbons (PAHs) and heavy metals are the would
predominant contaminants found in the site soils and fill For information on the site or the
material. The most significantly impacted areas are in Proposed Remedial Action Plan:
the northern and eastern portions of the site where the like more information, please contact:
slag, cinder and ash fill extends to depths of up to 15 For site related health concerns:
feet. Although groundwater is also impacted; measured Mr. David Locey NYSDEC 270 Michigan Avenue
water levels suggest that the groundwater may be Buffalo, New York 14203 851-7220; or,
confined to a certain degree in the fill material and may Mr. Matthew Forcucci NYSDOH 584 Delaware Avenue
not be in direct contact with the water within the canal. Buffalo, New York 14202 847-4385.
Sediments within the canal are also contaminated with REFERRED TO THE COMMITTEE ON COMMUNITY
PAHs and metals, either from surface erosion of soil DEVELOPMENT
and fill, or historical discharge and spillage from Hanna
Furnace when the facility was still operating or from NO. 50
other adjacent properties. FORBES. MAGAZINE ARTICLE
Remedial Alternatives: TROLL UNDER THE BRIDGE
Using information from the Site Investigation, the The Ambassador Bridge is Detroit's lifeline to Canada.
NYSDEC, and the New York State Department of Sept. 11 turned it into a choke point and a security risk.
Health, developed clean-up goals for the future use of The story of why it hasn't been fixed revolves around
the site. Various remedial alternatives were evaluated one man.
to address The main border between the U.S. and Canada, our
the contamination. These remedial alternatives number one trading partner, stretches for 5,500 miles.
included: The most precious fraction is tucked into the middle of
• No Action. the Great Lakes, where the Detroit River bisects the
• Institutional controls and fencing to limit public U.S. and Canadian auto industries. Between Detroit
access and Windsor, Ont., at the river's narrowest point, lies a
Soil Cover over the contaminated area ribbon of reinforced concrete roadway, 47 feet wide and
• Excavation and offsite.disposal of contaminated less than 2 miles long, laid on suspended steel
soils and wastes joists:the Ambassador Bridge. At 75 years old the
Proposed Remedial Action Plan: Ambassador is out-of-date, its four lanes too narrow
From the information generated by the Site and its approach too steep, but none of the 130 other
Investigation and Remedial Alternatives Report, the crossings to Canada is so perfectly placed. For tractor-
NYSDEC has prepared a Proposed Remedial Action trailers, the closest bridge is two hours out of the way.
Plan (PRAP). The PRAP proposes a remedy consisting They haul $100 billion of goods across the Ambassador
of: • general site debris removal and grading; every year--a quarter of the $400 billion in total trade
• placement of a thin layer of sand, crushed stone, with Canada; 40% of all truck shipments from the U.S.
plastic sheeting or other materials over the graded site to points north cross this span.
to mark the transition between contaminated soil and After 9/11 the Ambassador loomed as an undefended
clean cover material; economic umbilical cord to the U.S. Within days
hundreds of National Guardsmen, police volunteers and Moroun is a rerentless opportunist, like his grandfather,
U.S. customs and immigration agents descended on an Arab who moved the family from Argentina to
the bridge, forcing trucks to wait in line for up to 12 Quebec, and then to Windsor, where their home was
hours to be searched for any signs of a terror plot. rater razed to make way for the bridge. They settled in
Traffic backed up for 15 miles. Even after terror alert Detroit after World War I. Matty was born in Detroit in
levels fell, the jams have persisted. Daily truck traffic 1927, an only son with three sisters. As a teenager he
plunged from 10,000 to 9,000 and hasn't climbed back. worked at his father's gas station, sweeping out buses.
Security remains tight, and trucks still can wait an hour He wanted to be a doctor but, after graduating from
to cross. Delays at the Ambassador and other Notre Dame in 1949, returned to Detroit to work for his
crossings into Canada cost $800 million a month, by father. "We were almost penniless in '49," MattyMoroun
one economist's reckoning. If terrorists knocked out the said in court testimony in 2002, "but we managed to
Ambassador, the Michigan and Ontario economies come back."
could run losses of $3 billion a month. In 1950 his father took control of Central Cartage, a
But no government can do much to fix this--not the feds struggling trucking company that owed him back rent.
or the Mounties, not the state of Michigan or the Matty handled the books and whatever else was
province of Ontario. The Ambassador Bridge isn't needed: "l was a dispatcher, flat-tire fixer, changed the
owned by the U.S. or Canada--it is owned by one oil, fixed the fan belts. There was nothing too good for
recalcitrant man:Manuel (Matty) Moroun. He controls me," he testified. But Malty shied away from the public
the best monopoly you never heard of. part of the job: soliciting new customers. "l wasn't very
Special Offer for Forbes.corn members -- receive a good at that,he noted. Moroun didn't marry until he was
Free Trial Issue of Forbes Magazine... no risk.., no 44. He rarely appears in public and doesn't give press
obligation! Click here for your Free Issue! interviews.
The Ambassador was privately built in 1929 by a palm Special Offer for Forbes.com members -- receive a
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publicly held when Bower put his company, Detroit obligation! Click here for your Free Issue!
International Bridge Co., into bankruptcy in the Central Cartage grew through acquisitions, expanding
Depression and issued stock as part of a into Canada after the U.S. and Canada eliminated
reorganization. In the late 1970s the sage investor customs duties on cross-border shipments of new cars
Warren Buffett acquired 25% of the stock, emboldening and auto parts. By the 1970s, when Matty took over
Moroun to act. In 1979 he used his small trucking from his father (who died at age 93 in 1992), it had 900
company's credit line to buy out Buffett and acquire the employees. The problem was heavy congestion on the
rest of the company for a total of $30 million. Thus it Ambassador Bridge. Moroun resolved to take control.
became the only major U.S.-Canada crossing that is By 1977 Buffett had acquired his 25% stake in the
privately owned. The bridge's likely worth today:half a bridge for $20 a share. Moroun, 40 at the time and "a
billion dollars or more. little brash" by his own account, amassed his own 25%
But now Moroun, who wouldn't talk for this story, isin stake by the end of 1978 and paid Buffett $24 a share,
the fight of his life. Politicians, auto execs and citizen later buying the rest. Moroun claimed titre to the bridge
groups are calling for measures that could threaten his on July 31, 1979. The $30 million price was 30% less
cozy hold on the nation's most critical choke point. than the inflation-adjusted cost of building it 50 years
Some people want government to buy the bridge earlier.
outright, some call for new regulatory oversight, and Moroun promptly found himself in court. Canadian
two groups want to bust up the Moroun monopoly officials, citing a law requiring any new buyer of the
entirely. One group proposes a new tunnel; another a bridge to hand over a 50% interest to Canada, went to
second bridge. court to force him to give half up. A decade later the
"A port authority should run this bridge--it would be government settled, getting no stake but exacting
answerable to the public. Matty Moroun isn't improvements to the bridge and the Canadian customs
answerable to anybody but Matty Moroun," says Mary plaza. Another legal fight from those first days still
Ann Cuderman, who runs an at-home bakery on the simmers, 25 years later, in federal court in Michigan.
Windsor waterfront. A year ago she helped form a Moroun filed suit to block the feds from taking control of
bridge watchdog group. "His sole purpose isn't security-3 acres of land he owned near the bridge to expand
-it's his own interest." Moroun's folks counter that they truck inspection facilities. A jury in that case has ruled
are as concerned about safety as government brass. that the feds must pay Moroun $15 million for the
They spend $50,000 a week on security and more than parcel, but Malty battles on, insisting the price is too
$10 million a year on maintenance. low. Meanwhile, the inspection operations--critical in
Special Offer for Forbes.com members -- receive a this post-9/11 era--haven't been expanded as much as
Free Trial Issue of Forbes Magazine... no risk.., no needed.
obligation Click here for your Free Issuer The Ambassador Bridge was an ideal calling card for a
Moroun has outmaneuvered his foes, so far. "He's very small, $200 million trucking concern. Moroun's
intelligent and very aggressive," says Kenneth M. company lured customers like General Motors and
Davies, a Detroit lawyer who has regally sparred with bought rivals who couldn't keep up. Moroun pushed five
Moroun. "His avarice and greed are just American into bankruptcy, letting him break costly union
capitalism at work. You can't be mad about that." contracts. That enraged the International Brotherhood
Matty Moroun is 77 years old, squat, soft-spoken and of Teamsters, which filed a federal racketeering lawsuit
nearly deaf in his right ear. He guards his interests against Moroun in 1985. (He settled that case in 1988.)
jealously. He has fought the federal government, the Spanning the Empire
city of Detroit and various private foes so vociferously in Moroun even tangled with two of his sisters, who
court that Davies calls him "a one-man lawyer objected to the way he ran the company. They sued
employment act." One case, against the General him in 1992, seeking more than $50
Services Administration, has languished in court for 25 The Ambassador Bridge is a small but critical piece of
years. Matty Moroun's transportation empire, which includes
trucking concerns, logistics companies and customs end of the bridge could process up to 350 trucks in an
brokerages, as well as real estate, banking and hour; now they struggled to handle half that. "Before
insurance interests. They're all under one umbrella, 9/11 the two countries had been working toward less
called CenTra. Here are the largest pieces. inspection, but now we were going to have more of it,
Less-than-truckload shipping (Central Transport) for a long time," says Daniel Stamper, president of the
Revenue: $400 million bridge company.
Full-truckload shipping (Mason-Dixon, Universal Am-Loads of extra agents were on hand, but they had to
Can, others)* share the same six inspection booths in use before the
Revenue: $300 million attacks. To rid the bridge of delays would require twice
Freight coordination services (Logistics Insights) the number of booths. The General Services
Revenue: $250 million Administration had commissioned three additional
Ambassador Bridge inspection booths, but construction wasn't complete
Revenue: $60 million and there were complications: Moroun owned the
Duty-free stores, gas station, other underlying land, and he had been bickering with the
bridge-related income Revenue: $40 million GSA over lease terms. The three new booths opened
Insurance, banking, customs brokerage weeks later.
Revenue: unknown Then, in November 2001, Moroun startled the GSA and
*Doesn't include 40% stake in publicly traded PAM city officials by starting construction, at his own
Transportation Services, wilh 2003 revenue of $294 expense, on four more booths--without GSA approval.
million. Sources: CenTra; Forbes estimates, The city of Detroit sued him, arguing he needed
million in damages. He settled in 1999, buying their building and zoning permits. Moroun's attorneys
shares in the company. insisted local laws didn't apply because the bridge,
Then came 9/11. As Moroun and his staff huddled since it handles cross-border commerce, is a "federal
around a TVset that morning in his office in suburban instrumentality."
Detroit, they anticipated a border crackdown. Their first "You can't have it both ways," says says Eric Gaabo,
concern:ensuring that trucks for GM, Ford and who prosecuted the city's complaint. "You can't claim
Chrysler--Moroun clients--weren't stranded. Moroun you're immune from regulation because you're a federal
ordered that their trucks be pulled out of line and instrumentality and then, at the same time, tell the
escorted across the bridge if that's what it took. federal government to go to hell." But in July 2004 a
"It was a sea change for our whole country," says Michigan state judge declared Moroun's bridge exempt
Moroun's 31-year-old son, Matthew, vice chairman of from local law. And though his extra booths were ready
his father's company. "We looked at security a hell of a in 2003, the GSA refused to let federal agents use them
lot differently." until this summer because of the city spat.
Everyone else suddenly held a different view of the Special Offer for Forbes.corn members -- receive a
Ambassador--as a new security risk. By 10 a.m. the Free Trial Issue of Forbes Magazine... no risk no
morning of the terrorist attacks, Detroit Mayor Dennis obligation! Click here for your Free Issue!
Archer had placed a call to the mayor of Windsor, Ambassador executives say they had no choice but to
Michael Hurst. "We talked about points of vulnerability, kick-start the government. "When someone says no, we
and we talked about the Ambassador," Hurst says. "We just look for another way to make it happen," says
asked, 'What are the likely targets if this thing were bridge executive Thomas L. (Skip) McMahon. "Do we
going to continue? If you want to hurt us ruffle feathers? Damn right." Now that Moroun has
economically?'" forced the GSA into accepting this "gift" of four new
The two mayors wanted to close off some of the traff~c inspection booths he spent $2 million to build, he
coursing between Canada and the U.S., but "we were recently persuaded the feds to pay him back. And he
not in control of the bridge. It was owned by a private and the GSA profess to be on better terms.
guy," says Hurst. So they closed the car tunnel 2 miles Moroun often operates with impunity. Federal rules bar
upriver for several hours. Today Hurst, no longer corrosives, explosives, radioactive waste and other
Windsor's mayor, works for a group aiming to convert toxic materials from crossing the bridge, but Moroun
another tunnel, for trains, into a new trucking artery to says the ban doesn't apply to the Ambassador. He
provide an alternative to the Ambassador. gives "authorization letters" to certain truckers to haul
In Detroit, meanwhile, then-Wayne County sheriff some banned contents across his bridge. He won't let
Robert Ficano and state troopers nab trucks on the bridge-they must ticket
other officials also fretted about the vulnerability of them upon leaving.
Moroun's bridge. "Suddenly we saw this economic Nor does Moroun let government engineers inspect his
stranglehold," Ficano says. bridge. Until recently, he didn't even show U.S.
Special Offer for Forbes.com members -- receive a regulators the results of his own third-party inspections.
Free Trial Issue of Forbes Magazine... no risk.., no He agreed to do so after Michigan vowed to improve
obligation! Click here for your Free Issuel access roads on the U.S. side of the Ambassador.
The nightmare backups began on Sept. 12. Wait times Fed up with such obstinacy, some say Moroun should
jumped to 12 hours. The 100 customs and immigration lose his monopoly. Six weeks after 9/11 a Canadian
inspectors at the border were overwhelmed, so 40 venture called the Detroit River Tunnel Partnership
soldiers from the Michigan Army National Guard announced a plan to convert an existing 100-year-old
arrived, carrying automatic rifles. So did additional train tunnel to truck use. Displaced trains could pass
inspectors from Detroit's airport and shipping ports. through a new tunnel that would be bored downriver.
Sheriff Ficano ordered cops from Wayne County to the The group, a partnership of the Canadian Pacific
bridge. Other counties offered their cops. "1 deputized Railway and a subsidiary of the Ontario Municipal
a bunch of them," Ficano says. "It was like the Wild Employees Retirement System pension fund, hopes to
West, and I was calling in the posse." fund the entire $600 million project with $170 million in
A month later backups at peak times were still running government spending and $430 million in private
four hours. Before Sept. 11 border agents at the U.S. financing.
The group is led in the U.S. by a well-liked Michigan review.
pol, Margaret (Marge) Byington, who has lined up the We write as a members of the City of Buffalo
support of more than a dozen leaders in business, trade Environmental Management Commission (BEMC) to
and government--and a few old enemies of Moroun, ask for a change in direction in the management of the
such as Teamsters President James P. Hoffa. "We are City's response to management of chemical
facing a gridlock crisis at the world's busiest border contamination in Hickory Woods.
crossing," Hoffa says. "We must increase capacity One of us, Joe Gardella, has been involved with
across the border." Hickory Woods issues and residents for nearly five
Tunnel proponents say Detroit could have a new years, providing the residents technical interpretations
crossing by 2009. Moroun's guys counter that a new of scientific and health information by bringing LIB
crossing isn't needed so soon; U.S. Customs is to resources from the Environment and Society Institute.
blame for the delays, and the Ambassador is at less Gardella has provided additional geographic and
than 60% of capacity, they argue. scientific analyses of soil contamination to the
Special Offer for Forbes.com members -- receive a community and to state and federal agencies,
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So Matty's men have mounted a counterassault. In are working on this problem. We have also regularly
November 2002 a bridge employee cofounded a well-reported the work to the City through the BEMC. In the
financed antitunnel group. In April 2003 Moreun's staff past five years we have watched as:
persuaded the head of a small nonprofit home builder in 1. Funding available from LTV to clean up
Detroit to come out against the tunnel proposal, in additional city properties was proposed and then lost.
exchange for rights to two small properties near the Those properties, deemed "immediate health concerns"
bridge that the nonprofit wanted to redevelop. by the NYS DOH, because of carcinogenic PAH (coke
Moroun has also courted U.S. Representative Carolyn waste) contamination, lay fallow with no plan to clean
Cheeks Kilpatrick, whose district includes the them up.
Ambassador Bridge, and her son, Kwame Kilpatrick, 2. A plan to provide funds for housing equity
now mayor of Detroit. Moroun and his family became settlements from the LTV settlement that formed
the largest contributors to her reelection campaign. This Steelfields was negotiated without citizen notification,
year she delivered a setback to the Byington group, much less citizen input, and then failed miserably.
refusing to propose spending $40 million to build a new Presently, remaining funds from the settlement are at
truck highway from the mouth of the tunnel to Interstate issue, and in fact, lost to the community.
75 in Detroit. 3. A plan to request funds from New York State
Wooing the mayor, Moroun in March of this year offered to remediate contamination in Boone Park,
to turn over a derelict 13-story train station he owns contamination due to the City's management of the
near the mouth of the train tunnel for conversion into a Park, and not related to the Republic/Donner
$130 million city police station. The mayor, the tunnel Hanna/LTV Superfund Site, was accomplished behind
group says, opposes its effort to buy a mile-long, 80-closed doors, without BEMC input, without citizen input,
foot-wide parcel of city-owned land near the tunnel. The and now is at a standstill because of community
group sees a quid pro quo; Kilpatrick insists that he is concerns that this will be the only cleanup
only worried about the neighborhood. accomplished.
In August Moroun reintroduced an old proposal to "twin" 4. No comprehensive neighborhood wide
the Ambassador Bridge to double its capacity a belt not cleanup plan has been developed by the City, despite
untd 2012. Auto executives welcome the plan but say t extensive geographic information analysis at a level of
doesn't quell congestion or security worries. "Double-sophistication not available elsewhere.
spannmng the bridge is a noble motive," says Edward The City's lead representative for Hickory Woods, Mr.
T. Sprock, Chrysler's director of logistics, "but it doesn't Richard Stanton, has refused to cooperate with the
provide redundancy. I really worry about that." residents and with the University to utilize the available
And so the threats to Matty Moroun's monopoly scientific information to guide decisions. He has
continue to build. Brian Masse, a Windsor consistently chosen the route of planning behind closed
representative in Canada's parliament, aims to propose doors,
a law that would create a "public border authority" ignoring citizen input from the residents, and ignoring
regulating the Ambassador and other crossings into the responsibilities outlined in the City Charter for the
Ontario. It would force disclosure of the bridge's BEMC. Despite your continued regular promises to
finances and inspection reports and oblige Moroun to improve the operation of the City's environmental
coordinate with law enforcement After the national functions, Hickory Woods remains an example of the
emergency we faced," he says, "there has to be a inability to use extensive resources to seek public input
greater good than just making a buck." and participation into decisions and plans.
Special Offer: Get a Free Trial Issue of Forbes The City and its residents are no further along to a
Magazine! buyout plan or a plan for remediation than we were in
REFERRED TO THE COMMITTEE ON COMMUNITY 2000. Despite your promises, your choice for manager
DEVELOPMENT for this issue has failed to accomplish a single concrete
step towards a solution to Hickory Woods, and forfeited
NO. 51 multiple opportunities because he fails to consult the
HICKORY WOODS ENVIRONMENTAL citizens who are affected.
INFORMATION It is time to change the gatekeeper for this process.
Dear Mr. Chwalinski: Richard Stanton should be relieved of responsibility for
Please find attached a letter from Joseph Gardella, Hickory Woods and a manager who can earn the trust
BEMC, concerning Hickory Woods Environmental of all of the community (residents, agency personnel,
Information. Steelfields, etc.) should be found.
Please file this document for the Common Council's The Masiello administration comes to you today asking
to move forward on a plan to remediate inside Boone process where the city, public and agencies could have
Park. access to state of the art work free, to help with
They have provided you with no answers to financing a answering the public's questions. I provided the early
buyout other than the 41 thousand dollars Mr. results to Mr. Stanton as a courtesy. What did he do?
Griffin has committed. He contracted with a paid consultant to redo the maps
Questions surround the promised $500,000 state in a way he could control, and the consultant contacted
support from Mr. Higgins' efforts in the Assembly. me to ask me to provide all the work accomplished to
Mr. Higgins has obtained commitment from him, for free, so he could save time and money. Then
Speaker Silver that the funds are available. The Mr. Stanton was quoted in the Buffalo News stating that
Masiello administration has no plan or answers as he found "flaws" in the work. But Mr. Stanton never
to where the state funding is, state funding that contacted me about the flaws, and when I filed a
they did not ask for. Freedom of Information Act request to get his analysis,
They have no answers as to why they negotiated a I received no response. I continued to work with DOH
flawed settlement plan with Steelfields, and and DEC on this work.
because of that negotiation, evidently they have In other neighborhoods, we provide this work and there
legally lost the $800,000. is a spirit of cooperation to fix the problem. In Buffalo,
Mr. Wanamaker has suddenly "found" $100,000 to thanks to Mr. Stanton, the work is denigrated, but he
supplement Mr. Griffin's funding, without any does not have the professionalism to meet with me
planning or consultation from the residents, and to directly to work on his questions. I have three Ph.D.
Mr. Griffin's surprise. students, numerous masters candidates and
There is no plan to estimate clean up costs in the undergraduates working in teams all through WNY on
neighborhood, and how that might affect the similar issues. Only in Buffalo does City Hall
potential sales of properties. administration take the route of talking behind my back,
Has anyone consulted with real estate agents or banks accusing me of bias, trying to create a new definition of
who live or serve the conflict of interest to get me off of the Environmental
neighborhood as to what it will take to gain their trust Management Commission. Rather than answer the
about the sale and transfer questions we raise together, Mr. Stanton would rather
of land in Hickory Woods? use personal attacks to get rid of those who question
These are but a few of the issues and questions that him.
still abound. The Masiello administration plan to move I have two recommendations for you today.
forward on the cleanup of Boone park evidently banks 1. Boone Park should not be cleaned up until all the
on the hope that you will ignore these failures, that you Arsenic contamination, inside and outside the park, is
are tired and fed up, and that the few token people who accounted for.
think the park inside the fence is more important than 2. The mayor should replace Mr. Stanton as the lead
the contaminants in people's yards will justify their manager on Hickory Woods. He has failed miserably to
action. They are hoping to beat you down and hope that accomplish any progress toward a solution. I believe
time will make the problems go away. It is obvious that that he does not want a solution. However, he has
the strategy of Mr. Stanton and Mayor Masiello is to failed to make any progress on providing financial relief
divide the neighborhood, delay any action and conquer or planning for remediation or cleanup. He does not
the residents avoiding any major commitment of funds. want to work with the community or listen.
Where is the Mayor? What about his numerous The following comes from a letter I will be mailing to the
promises to seek consultative solutions, talk with Mayor, as a member of the Buffalo Environmental
people about what they want? Management Commission, cosigned by David Hahn-
As you all know, I have only been involved for five Baker, member of BEMC.
years here. Five years ago I offered to provide free In the past five years we have watched as:
scientific, technical and advisory services from UB and 1. Funding available from LTV to clean up
the Environment and Society Institute. I did this at the additional city properties was proposed and then lost.
request of common council leadership. All I wanted to Those properties, deemed "immediate health
do was to help answer residents' questions, as I have concerns" by the NYS DOH, because of
done in numerous other neighborhoods around the city carcinogenic PAH (coke waste) contamination, lay
and region. I have dedicated extensive funds from my fallow with no plan to clean them up.
own research funding, supporting undergraduate, 2. A plan to provide funds for housing equity
masters and Ph.D. students to provide technical settlements from the LTV settlement that formed
interpretation at a level not available from state and Steelfields was negotiated without citizen
federal agencies. notification, much less citizen input, and then
We put together an extensive database of soil failed miserably. Presently, remaining funds from
contamination data from EPA and other state, city and the settlement are at issue, and in fact, lost to the
private sources and made computer maps to answer community.
questions from the residents about hot spots in the 3. A plan to request funds from New York State to
neighborhood. remediate contamination in Boone Park,
We brought extensive UB resources to examine the contamination due to the City's management of
flawed DOH health consultation, and worked to review the Park, and not related to the Republic/Donner
the questions in that document. Does anyone believe Hanna/LTV Superfund Site, was accomplished
that the City would have hired a review team to add to behind closed doors, without BEMC input, without
the UB expertise if UB had not stepped forward? citizen input, and now is at a standstill because of
I have reported on all of this work and more to the community concerns that this will be the only
Buffalo Environmental Management Commission, and cleanup accomplished.
then was appointed to that body to work on public input 4. No comprehensive neighborhood wide cleanup
and community concerns. plan has been developed by the City, despite
When I began this work, the idea was to create a extensive geographic information analysis at a
level of sophistication not available elsewhere. REFERRED TO THE COMMITTEE ON COMMUNITY
The City's lead representative for Hickory Woods, Mr. DEVELOPMENT
Richard Stanton, has refused to cooperate with the
residents and with the University to utilize the available NO. 53
scientific information to guide decisions. He has FACT SHEET
consistently chosen the route of planning behind closed PROPOSED REMEDIAL ACTIVITIES AT
doors, ignoring citizen input from the residents, and BOONE PARK - GERMANIA & BOONE STREETS
ignoring the responsibilities outlined in the City Charter NOVEMBER 2004
for the BEMC. Despite your (Mayor Masiello's) PRO IECT START: WINTER 2004-2005
continued regular promises to improve the operation of PROJECT NO. B00196-9
the City's environmental functions, Hickory Woods INTRODUCTION
remains an example of the inability to use extensive A environmental investigation report has been prepared
resources to seek public input and participation into and a clean up plan is being proposed for Boone Park
decisions and plans. by the City of Buffalo's Department of Public Works, in
The City and its residents are no further along to a partnership with the New York State Department of
buyout plan or a plan for remediation than we were in Environmental Conservation (NYSDEC). The work will
2000. Despite your promises, your choice for manager be done under the New York State's 1996 Clean
for this issue has failed to accomplish a single concrete Water/Clean Air Bond Act "Environmental Restoration
step towards a solution to Hickory Woods, and forfeited Program".
multiple opportunities because he fails to consult the BACKGROUND
citizens who are affected. Boone Park is a 3.9 acre City park situated on the south
It is time to change the gatekeeper for this process. side of the City of Buffalo. The property is located in a
Richard Stanton should be relieved of responsibility for residential area and has been a park since the early
Hickory Woods and a manager who can earn the trust 1950's. In 1999 and 2001, soil sampling was conducted
of all of the community (residents, agency personnel, by the United States Environmental Protection Agency
Steelfields, etc.) should be found. (USEPA) and the City of Buffalo as part of other
Mayor Masiello, please take action and stop making environmental studies in the South Buffalo Area.
excuses. Those studies found elevated levels of arsenic in soils
REFERRED TO THE COMMITTEE ON COMMUNITY in the baseball field areas. As a result, the park was
DEVELOPMENT closed by the City and remains closed today. Additional
soil sampling was conducted by the City's consultant
NO. 52 engineer (C&S Engineers) in the spring of 2004. This
EXPANSION OF THE LIGHT RAIL TRANSIT sampling confirmed the previous results and aided in
RESOLUTION #126 CCP MAY 27, 2003 the development of the clean up plan. The City's
Dear Ms. Baldwin: consultant has developed plans and specifications that
Thank you for your letter dated November 12, 2004 will be used to solicit bids from qualified contractors to
regarding the resolution adopted by the Common clean up the arsenic contaminated soils in the park as
Council on November 3, 2004. an Interim Remedial Measure.
In August 2001 the NFTA completed a strategic WHAT IS THE PURPOSE OF TItle INTERIM
assessment of the bus and rail transit system. The REMEDIAL MEASURE?
assessment indicated that extension of the light tall The purpose of this Interim Remedial Measure is to
transit system at that time was not feasible. The remove arsenic contaminated softs at Boone Park and
Federal Transit Administration (I~'TA) uses a New Start restore the park facilities for recreational use. The clean
Con Effectiveness Index that is composed of several up will be conducted in accordance with engineering
criteria to evaluate and rate new projects. These plans and specifications that have been approved by
include mobility improvements, travel time savings, the City and NYSDEC. A construction contractor will be
environmental benefits, operating cost per passenger hired to remove the contaminated soil and restore the
mile, transit supporting land use, containment of sprawl, park facilities. The results of supplemental soil sampling
and local financial commitment. For reasons such as and proposed remedial plans and specifications can be
low population density, insufficient tax base and reviewed at the project repository at the Erie Co.
dispersed suburban development, the region did not Dudley Branch Library.
qualify for FTA funding necessary to support the DETAILS OF THE CLEAN UP
project. There has not been a significant change in Based on the existing environmental data, the clean up
those circumstances or in the FTA's methodology for will consist of the excavation of six (6) to eighteen (18)
evaluating new projects that would justify pursuing an inches of surface soil from the baseball diamond areas
expansion of the light rail transit system at this time. of the park. Excavation depths are based on the
As you may be aware, on Thursday, November 18, analysis of soil samples collected during the
2004 the Citizens for Rapid Transit Committee investigation of the site.
presented a petition containing over I0,000 signatures Air monitoring and dust control will be conducted during
to our Board of Commissioners, advocating for the all excavation activities.
expansion of the light rail transit system. We appreciate The excavated areas will be tested to confirm clean-up
their hard work in obtaining these signatures and their goals have been achieved prior to the excavated
commitment to the light rail and public transportation areas being backfilled with clean topsoil from an off-site
system. source.
Please be advised that the resolution of the City the recreational and park facilities will be restored.
Common Council and the petition submitted by the PUBLIC INFORMATIONAL MEETING
Citizens for Transit Committee are appreciated.
Rapid A public meeting will begin at 7:00 PM, on Thursday,
We will continue to look for ways to improve public November 18, 2004, in Tosh-Collins Community
transportation in the region and explore the possibility Center, 35 Cazenovia Street, Buffalo, to discuss the
of expanding the fight rail transit system in the flature, proposed clean up plan and restoration of the park area
as an Interim Remedial Measure. At the meeting the Region. Is Buffalo going to be bypassed again without
City of Buffalo, NYSDEC and New York State anyone saying anything? SHOULDN'T WE BE
Department of Health (NYSDOH) representatives will EXTENDING OUT LIGHT RAIL TO THE AIRPORT
be available to answer questions regarding the AND OPENING TALKS TO EXTEND IT TO DARIEN
proposed work. LAKE AND BATAVIA?
WHO SHOULD I CALL IF I HAVE QUESTIONS LASTLY:
ABOUT THE BOONE PARK SITE? I was reading about the Western Terminus of the Erie
Project related questions Canal, which we are trying to dig up and recover, but
Edward Porter which we are limited because the old canal is buried
Dept of Public Works unto the expressway and under the Memorial
612 City Hall Auditorium. However, did you know that there are other
Buffalo, N.Y. 14202 Canals that were buried and can be recovered for
851-5014 redevelopment, international heritage and branding,
Environmental related questions etc?
Gregory Sutton, P.E. 1) Did you know when people talk about the Hamburg
NYSDEC Drain, did you know that all of Hamburg Street was a
270 Michigan Ave Canal? 2) Did you know that the "Ohio Basin and
Buffalo, N.Y. 14203 Canal" buried under Father Connolly Park and it goes
851-7220 all the way to Hamburg Street between Chicago and
Health related questions Louisiana Street?
Cameron O'Connor 3) Did you know that the "O & S Canal is buried right
NYSDOH beside Mississippi Street and goes all the way to
584 Delaware Ave. Hamburg Street.
Buffalo, N.Y. 14202 These are major canals that bring Buffalo Waterfront
84%4385 into the old warehouse district of south Buffalo.
DEFINITIONS Public Meeting I say this because we are very limited in our ability to
A scheduled gathering of program staff and members of bring back to old canal and the Erie basin canal slips.
the public in a formal setting, that includes a formal However, we are less limited in bringing back the old
presentation focussing on a specific aspect of a site's south buffalo warehouse district canals.
remedial process. The Northside has Hertel Avenue.
Interim The Westside has the Mttseum District and Delaware
Remedial Park.
Measure (IRM) Bringing back these Canals would bring open Buffalo's
A discrete action which can be conducted at a site Waterfront from downtown Buffalo to Lackawanna and
relatively quickly to reduce the risk to people's health extend it right into the heart of the southside of the city.
and the environment from a well-defined contamination Imagine the picture of a new convention center built
problem. An IRM can involve removing contaminated adjacent to a turn of the century canal connecting it to
soil and drums, providing alternative water supplies or the waterfront and by light rail to downtown. It would set
securing a site to prevent access. In certain cases IRM the tone for downtown Buffalo to develop in its two most
may also become the final remedy. natural directions: East to the Central Terminal, Galleria
DOCUMENT REPOSITORIES: Public understanding and Airport and South along the waterfront to
and involvement are important to the success of New Lackawanna. I am attaching a street map showing the
York Brownfields program. To keep you informed, the canals and the slips for you to reference.
City of Buffalo and NYSDEC has established a local REFERRED TO THE COMMITTEE ON COMMUNITY
document repository for this site and have placed site DEVELOPMENT
documents in it for your review.
The local document repositories for this site are at:
Erie Co. Dudley Branch Library 2010 South Park NO. 55
Avenue Buffalo, NY 14220 716-823-1854; or, REQ PURCHASE JN ADAM DEVELOPMENTAL
by appointment only, NYSDEC's Buffalo Office PROPERTY
270 Michigan Avenue Item available for review in The City Clerk’s Office
Buffalo, NY 14203 REFERRED TO THE COMMITTEE ON FINANCE
(716) 851-7220
NO. 54 NO. 56
NYSDOT 3OBS MOVING TO ROCHESTER & SURVEILLANCE CAMERAS
SOUTH BUFFALO WATERFRONT At the last Finance Committee meeting,
Gentlemen, Councilmember Davis requested me to look into the
I was reviewing some federal trade statistics on Buffalo legality of utilizing surveillance cameras to combat
and Rochester. Did you know that $80 billion dollars a crime.
year in goods passes through Buffalo and is expanding As the cameras being discussed by the Council will be
to $100 billion a year? Yet, Rochester only handles placed in public places where one does not have a
$100 million a year roughly. So shouldn't the NYSDOT reasonable expectation of privacy, my research
be consolidating in Buffalo.'? Why isn't anyone indicates that there are no legal impediments to
mentioning that statistic instead of letting Buffalo simply installing and utilizing surveillance cameras.
be bypassed. The experience of cameras in other cities is as follows:
I was also review federal statistics by the OMB (federal Detroit- In1980 a surveillance system was installed in
office of management and budget). Did you know that parts of downtown. In 1986 the system was expanded
they called Batavia a metroropolitan area and added its with financial help from local area businesses and the
population to Rochester, even though Genessee city at a cost of $640,000. By 1994 the city disbanded
County is part of the 8 County Western New York the program citing high maintenance, personnel costs
Be ,olaffu
and mixed results. neighborhood crime instead of crime in business
Baltimore- In 1995 the Baltimore Police Department in districts. The city received a federal grant of $125,000
conjunction with the Partnership of Baltimore and the to install 3 cameras on neighborhood light poles. Tapes
Mass Transit Authority applied for and received a are reused after 24 hours, according to Tacoma police
$75,000 federal "Byrne Memorial" grant to implement there has been a dramatic drop in the number of crimes
video cameras. The initial installation costs of 16 from 244 reported incidents in 1993 to 125 in 1995.
cameras, monitors, recorders and wiring was $47,000. Crime rates later rebounded, although they remained
The cameras were placed in the downtown business below previous levels.
district and are monitored by police officers, with the Anchoraqe- In 1992 Anchorage established 7 mobile
tape being changed every 24 hours, tapes are indexed community patrols whose purpose is to videotape illegal
end stored for up to 96 hours. activity. Funding is provided by the business community
The system in Baltimore has expanded over time to 64 and state grants. Video images are transferred via
cameras covering 106 blocks in downtown Baltimore. A cable to a resident's computer, where the images are
recent $2 million Home Land Security grant will allow digitized. The tapes are edited for clarity to identify
for cameras into rail lines, government buildings and perpetrators, printed on paper and given to the police.
cultural institutions. The cameras will be able to The police department states that the video patrols are
transmit images to helicopters and police vehicles. beneficial because they provide police with basic
13 to 15 retired police officers and criminal justice information and physical evidence to build a case
students monitor the cameras. against criminals.
Chicago- Is spending $8.6 million to install 2,000 In the end the information that I read gives the impact of
cameras. $5.1 million is coming from a Homeland cameras on crime mixed reviews. Many researchers
Security grant. The Chicago system, which will be and police departments believe that cameras have an
completed by 2006, will utilize computer software to impact but many also believe that in the end cameras
detect suspicious activities. simply move criminal activities elsewhere. Some point
Wilmington- At a cost of $800,000, Wilmington out that stores and banks continue to be robbed even
installed 25 cameras to cover a 69-block area though they are well known to have surveillance
downtown. The entire downtown is monitored by cameras.
cameras, which can view people up to 12 blocks away. I would suggest bringing in the folks involved with the
The cameras are monitored 16 hours per day. From cameras, which are operating on Grant Street, to hear
4/01 to 11/02 150 incidents on camera resulted in 32 their suggestions on utilizing surveillance cameras.
arrests. Cameras were used 270 times to help police
with crimes in progress that resulted in 110 arrests. NO. 57
Since the cameras burglaries were down 32%, vehicle P. ROWELL- 271 DINGENS FOR A POLE SIGN-NO
theft down 20% and robberies down 5%. The funds PUB HRG REQ
were provided as follows: $210,00 (City), $150,000 THE ATTACHED PERMIT IS FOR COMMON
(State), $100,000 (County) and the rest from private COUNCIL APPROVAL
contributions. NO PUBLIC HEARING IS REQUIRED AS
Newark- In 1991 the city installed cameras that provide DETERMINED BY THE PERMIT OFFICE
24-hour surveillance of a two square mile in the city's REFERRED TO THE COMMITTEE ON LEGISLATION,
business district. Cameras were installed through a THE CITY PLANNING BOARD AND THE
federal block grant to the Newark Economic CORPORATION COUNSEL
Development Corporation. The system is maintained by MESSAGE TO APPLICANT: PLEASE CONTACT BILL
a private security system but is monitored by the police. GRILLO OF THE CITY PLANNING BOARD AT 851-
All videotape is erased or used again every 72 hours. 5806 TO DETERMINE WEATHER OR NOT YOU
According to the police department, car theft in the NEED PLANNING BOARD APPROVAL
downtown district has declined significantly since the
cameras appeared. Regular Committees
St. Petersburg/Tampa- To deter auto thefts, St. CLAIMS
Petersburg utilized a grant from the state in the amount (JAMES D. GRIFFIN, CHAIRMAN)
of $42,000 to purchase mobile video equipment and NO. 58
night scopes for police officers in surveillance vehicles. A1 TO A6
Tampa Bay utilized $150,000 in city funds to install A. PERSONAL INJURY AND CONSTRUCTION
cameras for a growing business and entertainment CLAIMS
district of 2 blocks by 10 blocks.
Virginia Beach- Installed 10 cameras at a cost of A. 1. That the claim of Aubey Cooper v. City of
$240,000 in 1994. The system is maintained and paid Buffalo, et al. as listed below be, and the same hereby
for through drug asset forfeiture funds and city funds. is returned to the Common Council without
The cameras cover 27 blocks of beachfront residential recommendation.
and businesses areas of the city. According to the Mr. Griffin moved:
police department the cameras have led to arrests. That a personal injury claim in Aubey Cooper vs. City of
Memphis. In 1996 Memphis established a 10-camera
system at a cost of $450,000 for its downtown business
and entertainment district. The cameras cover a 12
square block area. Volunteers and police staff monitor
the cameras. The downtown project is the first stage of
a planned citywide video network of 72 cameras.
According to Memphis police, crime has decreased 10
percent in the areas where the cameras are located.
Tacoma- In 1993 Tacoma became the first city in the
country to install a camera system to address
Buffalo be compromised and settled:t
B. 1. Robert S. Banks, 52 Fisher Street,
14215 a
That a claim for reimbursement of damages to a 1991 l
pick-up truck that occurred on September 5, 2004 at. 52
Fisher Street. $191.29
B. 2. Valeria Bivens, 198 Loring Avenue, b
14214 e
That a claim for damages to a 1990 Oldsmobile
$1,000.00 Cutlass, which occurred on May 7, 2004 on West Ferry
A. 2. That the claim of Isaac Watkins, Jr. v. City of near Tudor Place. $370.90
Buffalo, et al. as listed below be, and the same hereby B. 3. Julia Cameron, 156 Alabama
is returned to the Common Council without Street, 14204
recommendation. That a claim for reimbursement for the cleaning of a
Mr. Griffin moved: 2002 Chevy Cavalier, which became covered with a
That a personal injury claim in lsaac Watkins, Jr. vs. paint like substance on July 26, 2004. $271.70
City of Buffalo, et al be approved B. 4. Alex M. Calder, 80 Pierce Street,
$31,875.00 14206
3. That the claims as listed below be, and the same That a claim for damages to a 2003 Chevy pick-up
hereby is returned to the Common Council without truck that occurred on October 7, 2004 at the Seneca
recommendation Street Engineering Garage. Mr. Calder is a city
4. Mr. Griffin moved that personal injury claims in employee. $940.26
Regina Cooper, et al. v. City of Buffalo, et al. B. 5. Carrie Genovese, 42 Hartwell
$13,750.00 Road, 14216
Timothy Roland, et al. v. City of Buffalo, et al. That a claim for damages to the rear bumper of a 2003
$20,000.00 Chevrolet Impala, which occurred on 10/8/2004.
Antonio Gregory v. City of Buffalo, et al. $13,750.00 $677.65
Gerard McGee v. City of Buffalo, et al. $13,750.00 B. 6. Lisa Hausner, 62 Tacoma Avenue,
be and are hereby approved as listed. 14216
A. 4. James Hawco, et al. v. City of That a claim for reimbursement of a windshield on a
Buffalo $4,500.00 2000 Dodge Stratus, which occurred on September 6,
Upon the recommendation of the Corporation Counsel, 2004 in front of 65 Tacoma Avenue. $241.01
for a personal injury arising out of alleged negligence B. 7. John J. Izzo, P.O. Box 1772,
on the part of the City of Buffalo, be and hereby is Buffalo, NY 14240
approved. That a claim for damages to a 2001 Monte Carlo
A. 5. That the claim of Montco Construction Co., sustained in front of 1926 South Park Avenue.
Inv. vs. City of Buffalo, et al. as listed below be, and the $1,220.45
same hereby is retumed to the Common Council B. 8 Edward Mahoney, 131 Coolidge Road,
without recommendation. 14220
Mr. Griffin Moved: That a claim for reimbursement of a tire, which was
That a construction contract claim in Montco destroyed on October 22, 2004 in front of 131 Coolidge
Construction Co., Inv. vs. City of Buffalo, et al. be Road. $79.79
approved. $98,847.00 B. 9. Denise L. Moss, 86 Seminole
A. 6. That the claim of Daniel P. Roberts vs. City of Parkway, 14210
Buffalo, et al. as listed below be, and the same hereby That the above claim be, and the same hereby is
is returned to the Common Council without returned to the Common Council without
recommendation. recommendation.
Mr. Griffin Moved: Mr. Griffin moved
That a personal injury claim in Daniel P. Roberts vs. That a claim filed by Denise L. Moss for reimbursement
City of Buffalo, et al be approved of damages to a 1989 Ford Bronco 1I which occurred
$19,000.00 on July 16,2004 on Seminole Parkway be approved.
That checks be drawn on the account of Org 17221008 $1,892.43
(480205) Judgment and Claims Prior Years, or 10. Faith Penrod, 727 East and West Road, West
(480204) Current Fiscal Year, payable to the respective Seneca, 14224
claimants or plaintiffs and their attorneys, if any, herein That a claim for replacement of a tire
above named, in the amounts set opposite their names damaged on August 17,2004, while claimant
and delivered to them upon execution and delivery to was driving on the South Park Lift Bridge.
the Corporation Counsel of proper releases and closing $62.04
papers. 11. Margaret Premo, 62 Villa Avenue, 14216
Recommended by the Committee on Claims That a claim for reimbursement for damages sustained
PASSED to a 2001 Mitsubishi Montero on October12, 2004.
BONIFACIO IN THE NEGATIVE ON A3 $575.67
FONTANA AND GRIFFIN IN THE NEGATIVE ON A5 12. Nicole Provenzano, 18 Seabrook Street,
14207
NO. 59 That the above claim be, and the same hereby is
B1 TO B18 returned to the Common Council without
B. PROPERTY DAMAGE recommendation.
That, upon the recommendation of the Corporation That a claim filed by Nicole Provenzano for repair of the
Counsel, the following actions for personal injury arising back panel of a 2004 Chevy Trailblazer, which was
out of alleged negligence on the part of the City of damaged on September 27, 2004 at the Dart Street
Garage, be approved School Board Election for which payment is required to
Mr. Griffin moved be made by the City of Buffalo for publication of legal
Eric Rivera, 20 Olcott Street, 14220 notices (candidates) and publication of legal notice
That a claim for reimbursement of a towing charge, (polling places). $19,900.64
which was inadvertently collected, twice on the same C4 Buffalo News, One News Plaza, P.O. Box 100,
vehicle and tow. $90.00 Buffalo, NY 14240
B. 14. Joseph Sammarco, 123 Frontenac, That a claim for payment of prior fiscal year Invoice No.
14216 19595 (Account No. CI0375) for services rendered to
That a claim for damages to a 1999 Ford Escort, which the Department of Permit and Inspection Services
occurred on September 15, 2004 while parked on Nash $336.00
Street near an entrance to the Broadway Garage. C5 Buffalo Small Animal Hospital, 243 South Elmwood
$228.40 Avenue, 14202
B. 15. Thomas Sheehan, 58 Beyer Place, 14210 That a claim for payment of an invoice for dog food
That a claim for reimbursement for damages sustained purchased by the Buffalo Police Department. $100.00
to a 1997 Plymouth Voyager which occurred on July C6 Dobmeier Janitor Supply, Inc., 354 Englewood
12,2004 in front of 58 Beyer Street. Avenue, 14223
$1,600.86 That a claim for Invoice No. 324605 for purchase of
B. 16. Lila-Charlotte Sylla, 1011 Lafayette liners for the Board of Elections. $240.89
Avenue, 14209 PASSED
That a claim for damages to a 2001 Ford Taurus AYES - 9 NOES - 0
sustained on October 15, 2004, at 1014 Lafayette
Avenue. $4,181.38 NO 62
B. 17. Kija Tomlinson, 1417 Albany Avenue, C-7 MISCELLANEOUS INVOICE
Brooklyn, NY 11203 C.7Environment,368PleasantviewDrive,BuffaloCorporat
That a claim for reimbursement of a tire, which was eCenter
destroyed on July 12,2004 at 465 Washington Street. Lancaster, NY 14086
$139.88 That the above claim be, and the same hereby is
B. 18. Lydia Torres, 101 Northland Avenue, returned to the Common Council without
14208 recommendation.
That a claim for reimbursement for damages to a 1996 LAID ON THE TABLE
Chevrolet Lumina, which occurred on October 14, 2004
in front of 97 Northland Avenue. $3,543.38 NO. 63
That checks be drawn on the account of Org 17221008 C8 TO C-17
(480205) Judgment and Claims Prior Years, or MISCELLANEOUS INVOICE
(480204) Current Fiscal Year, payable to the respective C. 8. Good and Fair Carting and Moving
claimants or plaintiffs and their attorneys, if any, herein Co., Inc. 300 Woodward Avenue, Kenmore,
above named, in the amounts set opposite their names New York 14217
and delivered to them upon execution and delivery to That a claim for prior fiscal year Invoice No. 504-2
the Corporation Counsel of proper releases where such incurred as a result of the May 4, 2004 School Board
releases are indicated. Election for which payment is required to be made by
PASSED the City of Buffalo for transportation of voting machines.
AYES - 8 NOES - 0 $7,464.00
C. 9. Laser Labs, Inc. 454 First Parish
NO. 60 Road, Scituate, MA 02066
B-19 PROPERTY DAMAGE That a claim for payment of prior fiscal year Invoice No.
Madonna Wilbum, 240 Northcrest Avenue, 6062 for services rendered to the Buffalo Police
Cheektowaga, NY 14225 Department for rectifying tint meters. $113.00
That the above claim be, and the same hereby is C. 10. Leave Your Imprint Inc., 26 Misty Lane,
denied East Amherst, NY 14051
ADOPTED That a claim for payment of prior fiscal year Invoice No.
124504 for services rendered to the Department of
NO.61 Permit and Inspections for custom decal stickers.
C. 1 TO C6 MISCELLANEOUS INVOICES $1,362.23
That upon the recommendation of the Corporation C. 11. Manufacturers & Traders Trust Co., P.O.
Counsel and the appropriate City Departments, the Box 767, Buffalo, 14240
following claims be paid: That a claim for payment of the lockbox charges for the
C1 BRH Inc./Bankcard Data Systems, 6490 Main city of Buffalo's Account No. 581595 with M&T Bank for
Street, Suite #6, Williamsville, New York 14221 the lockbox charges for the months of January through
That a claim for payment of Invoice No. 2433 for June, 2004. $25,000.34
services rendered to the City of Buffalo, Treasury C. 12. Malcolm Pirnie Inc., 104 Corporate Park
Division. $96.66 Drive, White Plains, NY 10602
C2. Block, Colucci, Notaro & Laing, PC, One That a claim for services performed by Malcolm Pirnie
Niagara Square, 14202 during a previous fiscal year.
That a claim for payment of Invoice No. 13205 for $960.50
services rendered to the C. 13. Martino's TV and Appliance, 1488 Hertel
Department of Law in February, 2004. $3,287.50 Avenue, 14216
C3. Buffalo News, One News Plaza, P.O. Box That a claim for an air conditioner ordered in a prior
100, Buffalo, NY 14240 fiscal year through Buildings Division.
That a claim for prior fiscal year Invoice Nos. 96082301 $559.00
and 96124501 incurred as a result of the May 4, 2004 C. 14 Medlab, Inc., 600 Cayuga Road, Cheektowaga,
NY 14225 That a claim for payment of a prior fiscal year Invoice
That a claim for payment of prior fiscal year Invoice No. No. 095914061 for excess print charges for a copy
1686 for services rendered to Substance Abuse machine in the Mayor's Office for meter usage from
Services. $222.39 October 1, 2002 to April 30, 2003. -
C. 15 Moore Wallace North America, P.O. Box 7777-$244.66
W501934, Philadelphia, PA 19175-1934 C. 24. Xerox Capital Services, 800 Carillon
That a claim for payment of prior fiscal year Invoice No. Parkway, Tampa, Florida 33716
660224214 for services rendered to the Department of That a claim for payment of a prior fiscal year Invoice
Permit and Inspections, Office of Licenses for the No. 096698225 for color prints for a copy machine in
purchase of Blue Laser License Certificates, which the Mayor's Office since 2000 for copy machine usage
were shipped to the City of Buffalo on June 18, 2003. from April 30, 2003 to July 15, 2003.
$143.71 $222.48
C.16 Niagara Mohawk Power Corporation, 300 Erie C. 25. Xerox Capital Services, 800 Carillon
Boulevard West, Syracuse, NY 13202-4250 Parkway, Tampa, Florida 33716
That a claim for payment of prior fiscal year invoices for That a claim for payment of prior fiscal year Invoice No.
services rendered to the Department of Public Works, 098475334 for a copy machine that was replaced and
Parks and Streets. $5,886.76 not invoice for the month of September, 2003. $367.20
C. 17. Phoenix Graphics, Inc. 464-470 State C. 26. Gallagher Elevator Company, 135 South
Street, Rochester, NY 14608 Division Street, 14203
That a claim for prior fiscal year Invoice Nos. 17937 and That a claim for payment of prior fiscal year invoice for
17938 incurred as a result of the May 4, 2004 School work done at the Broadway Market. $20,845.15
Board Election for which payment is required to be That checks be drawn on the account of Org 17221008
made by the City of Buffalo for printing of absentee (480205) Judgment and Claims Prior Years, or
ballots and printing of AVM strips and emergency (480204) Current Fiscal Year, payable to the respective
ballots. $7,797.75 claimants or plaintiffs and their attorneys, if any, herein
PASSED above named, in the amounts set opposite their names
and delivered to them upon execution and delivery to
BONIFACIO IN THE NEGATIVE ON REFERRED TO the Corporation Counsel of proper releases where such
THE COMMITTEE ON CIVIL SERVICE-13 ONLY releases are indicated.
PASSED
NO. 64 AYES - 8 NOES - 0
C. 18 MISCELLANEOUS INVOICE
Western New York Realty Funding Inc 135 Delaware NO. 66
Avenue, Suite 102, Buffalo, 14240 C.27
That the above item be and the same hereby is MISCELLANEOUS INVOICE
returned to the Common Council without Musso Plumbing and Heating inc. 8574 Sheridan Drive
recommendation Williamsville NY 14221
Mr. Griffin moved that the above item be recommitted to Mr. Griffin moved that the above item be recommitted to
the Committee on Claims. the Committee on Claims
ADOPTED ADOPTED
NO. 65 CIVIL SERVICE
C-19 TO C.26 (BONNIE E. RUSSELL, CHAIRPERSON)
MISCELLANEOUS INVOICE NO. 67
Xerox Capital Services, 800 Carillon Parkway, Tampa, APPT SECRETARY TO COMM OF HUMAN
Florida 33716 RESOURCES
That a claim filed by Xerox for payment of prior fiscal (CCP# 38, OCT 5)
year Invoice No. 182570215 for staples for Xerox That the Appointment of Christine M. Heuser of 81
machines purchased by the City of Buffalo. Linwood Avenue be and the same hereby is Received
$86.00 and Filed
C . 20. Xerox Capital Services, 800 Carillon ADOPTED
Parkway, Tampa, Florida 33716
That a claim filed by Xerox for payment of prior fiscal NO. 68
year Invoice No. 185052839 for toner cartridges APPT ADMINISTRATIVE DIRECTOR (HR)
supplied to the Mayor's office for the copy machine (CCP# 39, OCT 5)
located at 201 City Hall. $709.00 That the Appointment of Olivia Licata of 418 Starin
C. 21. Xerox Capital Services, 800 Carillon Avenue be and the same hereby is Received and Filed
Parkway, Tampa, Florida 33716
That a claim filed by Xerox for payment for usage of NO. 69
copy machine in the Law Department for three (3) APPT DIRECTOR OF PERSONNEL (HR)
years. $46,690.00 (CCP#40, OCT 5)
C 22. Xerox Capital Services, 800 Carillon That the Appointment of Gladys G. Hemdon-Hill of 24
Parkway, Tampa, Florida 33716 Huntington Avenue be and the same hereby is
That a claim for payment of a prior fiscal year Invoice Received and Filed
No. 095914060 for excess print charges for a copy ADOPTED
machine in the Mayor's Office for meter usage from
October 1, 2001 to September 30, 2002. NO. 70
$406.12 APPT CHIEF PUMPING PLANT
C. 23. Xerox Capital Services, 800 Carillon ENGINEER(PROV)(MAX))PW)
Parkway, Tampa, Florida 33716 (C.C.P # 23 NOV 16, 2004)
That the provisional appointment of Rocco the amount of $7,609.70, for General Trades to Sicoli &
DellaNeve at the maximum Salary be the same and is a Massaro, Contract No. 92010786, an increase in the
amount of $34,774.72, for Mechanical to D.V. Brown &
NO. 71 Associates, Contract No. 93010790, an increase in the
APPT PARKING METER COIN COLLECTOR amount of $6,818.00, as more fully described in the
(PERM)(MAX)(A&F) above communication. Funds for this project are
(C.C.P # 42, NOV 16, 2004) available in bond account 51019036 445100.
That the Permanent appointment of Franklin Lopez Jr PASSED
of 198 Lovering at the maximum Salary be the same AYES – BONIFACIO, COPPOLA, DAVIS, FRANCZYK,
and is approved. GOLOMBEK, THOMPSON – 6 NOES – FONTANA,
NO. 72 GRIFFIN - 2
APPT PARKING ENFORCEMENT OFFICER
(PERM)(MAX)(A&F) NO. 78
(C.C,P # 43, NOV 16, 2004) TOWNE GARDENS, LTD. - WATER SERVICE AT 225
That the Permanent appointment of Russell J. Olivieri HICKORY STREET
of 150 WiUett Street at the maximum Salary be the (ITEM NO. 96, C.C.P., JULY 22, 2003) (ITEM NO. 78,
same and is approved. C.C.P., NOV. 16, 2004)
NO. 73 That the above item be, and the same hereby is
APPT PARKING ENFORCEMENT OFFICER returned to the Common Council without
(PERM)(INTER)(A&F) (C.C.P # 44, NOV 16, 2004) recommendation.
That the Permanent appointment of Daniel D. Tadusz Mr. Davis moved that the above item be recommitted to
of 99 Homer Avenue at the Intermediate Salary be the the Committee on Finance.
same and is approved.
NO. 74
NO. 79
NOTICES OF APPOINTMENT TEMP/PROV/PERM
J. N. ADAM DEVELOPMENT CENTER,
(CCP# 51, NOV 16)
PERRYSBURG, NEW YORK (LAW)
That the above item be and the same hereby is
(ITEM NO. 26, C.C.P., OCT. 5, 2004)
Received and Filed
(ITEM NO. 75, C.C.P., NOV. 3, 2004)
ADOPTED
That the above item be, and the same hereby is,
returned to the Common Council without
FINANCE
recommendation.
(BRIAN C. DAVIS, CHAIRMAN)
Mr. Davis moved that the above item be recommitted to
NO. 75
the Committee on Finance.
PERMISSION TO PURCHASE UNMARKED
ADOPTED
VEHICLES (POLICE)
(ITEM NO. 68, C.C.P., SEPT. 7, 2004)
NO. 80
That the Commissioner of Police be, and he hereby is
CHAIRMAN
authorized to purchase five (5) used, unmarked
TRANSFER 286 OAK FROM THE CITY TO BURA
vehicles for a maximum total value not to exceed
(ITEM NO. 119, C.C.P., NOV. 16, 2004)
$40,000.00.
That the above item be, and the same hereby is
NO. 76
returned to the Common Council without
PURCHASE OF EQUIPMENT- STREETS &
recommendation.
SANITATION DIVISIONS
Mr. Davis moved
(ITEM NO. 18, C.C.P., NOV. 16, 2004)
That the city-owned property commonly known as 286
That the above item be, and the same hereby is
Oak Street and that the Mayor be and he hereby is
returned to the Common Council without
authorized to execute a deed transferring said property
recommendation.
to the Buffalo Urban Renewal Agency conditioned upon
Mr. Davis Moved:
90% of the final purchase price to the City of Buffalo
That the Commissioner of Public Works be, and he
That the Corporation Counsel be authorized to prepare
hereby is authorized to purchase for the Division of
the necessary documents for the transfer of title and
Streets and Sanitation, one tandem axel dump truck
that the Mayor be authorized to execute the same.
purchases in the amount of $64,803.00 and four 25
PASSED
yard refuse bodies in the amount of $187,260.
AYES – BONIFACIO, COPPOLA, DAVIS, FONTANA,
FRANCZYK, GOLOMBEK, THOMPSON – 7 NOES -
NO. 77
GRIFFIN
AUGSPURGER RAMP ADDITION - CHANGE ORDER
NO. 4
LEGISLATION
(ITEM NO. 8, C.C.P., NOV. 3, 2004)
(RICHARD A. FONTANA, CHAIRMAN)
That the Commissioner of Public Works, Parks and
NO. 81
Streets be, and he hereby is authorized to issue change
CHAIRMAN
order No. 4, for work relating to Augspurger Ramp
O. RAYFORD, PETITION TO USE 242 HOPKINS -
Addition, for Superstructure to Louis P. Ciminelli
CONCRETE BATCH PLANT
Construction Co., Inc., Contract No. 92010771, an
(ITEM NO. 64, C.C.P., NOV. 16, 2004)
increase in the amount of $49,721.00, for Electrical
Mr. Fontana moved that the above item be recommitted
Work to Ferguson Electric Construction Co., Contract
to the Committee on Legislation
No. 92010782, an increase in the amount of
ADOPTED
$17,343.76, for Glazing Contract to Nep Glass Co. Ltd.,
NO. 82
Contract No. 92010784, an increase in the amount of
PHILIPS LYTLE-APPLICATION TO ESTABLISH
$15,342.37, for Plumbing and Fire Protection to C&L
PORTABLE CONCRETE BATCH 242 HOPKINS
Plumbing, Inc., Contract No. 92010785, an increase in
(SOUTH) (CCP# 60, NOV 16)
Mr. Fontana moved that the above item be recommitted Recycling, located at 41 Hannah.
to the Committee on Legislation PASSED
ADOPTED AYES - 8 NOES - 0
NO. 83 NO. 90
LOUISE MCCLIOE, PETITION TO USE 184 M. LUCIANO, PETITION TO USE 256 ALLEN -
GOODELL - GROUND SIGN OUTDOOR PATIO
(ITEM NO. 65, C.C.P., NOV. 16, 2004) (ITEM NO. 65, C.C.P., OCT. 5, 2004)
That the, petition of Louise McClioeagent, for
That the above item be, and the same hereby is
,
returned to the Common Council without
Adopted.
recommendation.
Mr. Fontana moved that the above item be recommitted
permission to a ground sign 6 wide, 5 high be,
to the Committee on Legislation
and/hereby is approved.
PASSED
NO. 91
AYES - 8 NOES - 0
EXAMINE TAXI RATES
(ITEM NO. 177, C.C.P., SEPT. 21, 2004)
NO. 84
That this Common Council will examine the financial
RANDY ATLAS, PETITION TO USE 1243
dynamics of the taxicab and livery industry within the
DELAWARE- 2 GROUND SIGNS
area to determine whether an adjustment in the rates is
Mr. Fontana moved that the above item be recommitted
necessary.
to the Committee on Legislation
NO. 92
NO. 85
J. GOLOMBEK-INFO ON TAXI RATES IN THE 2004
S. DAY, PETITION TO USE 44 ALLEN - OUTDOOR
(CCP# 51, OCT 5)
PATIO
That the above item be and the same hereby is
(ITEM NO. 66, C.C.P., OCT. 5, 2004) (ITEM NO. 84,
Received and Filed
C.C.P., NOV. 3, 2004)
ADOPTED
That the above item be, and the same hereby is
returned to the Common Council without
NO. 93
recommendation Mr. Fontana moved above
that the
G. ONARATI-STATISTICS DRASTIC INCREASES IN
item be recommitted to the Committee on Legislation
EXPENSES TAXICABS
ADOPTED.
CCP#62, NOV 3
NO. 86
That the above item be and the same hereby is
SECONDHAND DEALER- 2123 SENECA STREET
ITEM NO. 87, C.C.P., SEPT. 7, 2004)
Received and Filed
That the Commissioner of Permit & Inspections
ADOPTED
Services be, and he hereby is authorized to deny a
Secondhand Dealer license to Rochelle Johnson.
ADOPTED
NO. 94
NO. 87
R. EVANS & OTHERS-REQ DELI 450 DODGE ST
SECONDHAND DEALER - 220 ALLEN STREET
REMAIN CLOSED(ELL)
(ITEM NO. 37, C.C.P., NOV. 16, 2004)
(CCP#142, SEPT 7)
That the above item be, and the same hereby is
That the above item be and the same hereby is
returned to the Common Council without
Received and Filed ADOPTED
recommendation.
Mr. Fontana moved that the Legislation
NO. 95
above item be recommitted to the Committee on
CREATION OF A CITY VALET PARKING ZONE
(CCP# 39, DEC 23)
NO. 88
That the above item be and the same hereby is
WHOLESALE JUNK DEALER LICENSE - 41
Received and Filed
HANNAH
NO. 96
(ITEM NO. 44, C.C.P., NOV. 3, 2004)
ASSESSMENT REBATE ON HOME
(ITEM NO. 84, C.C.P., NOV. 16, 2004)
IMPROVEMENTS(ASSESS/TAX
That pursuant to Chapter 254 of the City Code, the
(CCP# 15,SEPT 21)
Commissioner of Permit & Inspections Services be, and
ADOPTED
he hereby is authorized to grant a Wholesale Junk
Dealer license to Dennis Skinner d/b/a Hannah
That the above item be and the same hereby is
Recycling, located at 41 Hannah.
Received and Filed
PASSED
NO. 97
AYES - 8 NOES – 0
M. COPPOLA-REAL PROPERTY EXEMPTION FOR
CAPITAL IMPROVEMENTS
NO. 89
(CCP# 39,OCT 19)
SCRAP PROCESSOR DEALER LICENSE - 41
That the above item be and the same hereby is
HANNAH
Received and Filed
(ITEM NO. 43, C.C.P., NOV. 3, 2004)
NO. 98
(ITEM NO. 85, C.C.P., NOV. 16, 2004)
DEMOLITION POLICY FOR CITY OF
That pursuant to Chapter 254 of the City Code, the
BUFFALO(PERMITS)
Commissioner of Permit & Inspections Services be, and
(CCP# 41,NOV 3)
he hereby is authorized to grant a Scrap Processor
Dealer license to Dennis Skinner d/b/a Hannah
That the above item be and the same hereby is ADOPTED
Received and Filed ADOPTED
NO. 107
NO. 99 B. Mclntyre & Others Oppose Changing of
DEMOLITION POLICY FOR CITY OF BUFFALO(CC) Michigan Ave From One Way to Two Way(Ell)
(CCP# 28,NOV 16) (CCP# 50, Oct 19)
That the above item be and the same hereby is That the above item be and the same hereby is
Received and Filed ADOPTED Received and Filed
NO. 100 ADOPTED
NO. 108
B. Sanders & O-Fox Street Btwn Broadway &
ADOPTED
Sycamore Way(Ell)
(CCP# 67, Nov 3)
ELMWOOD AVENUE DEMOLITION
ADOPTED
ST
MORATORIUM(EXC 1RES)
(CCP# 132,NOV 3)
NO. 109
That the above item be and the same hereby is
Reappointment of Member to The Buffalo Sewer
Received and Filed
Authority
ADOPTED
(CCP# 33, Nov 16)
That the above item be and the same hereby is
NO. 101
Received
ELMWOOD AVENUE DEMOLITION
and Filed
MORATORIUM(CC)
ADOPTED
(CCP# 35,NOV 16)
That the above item be and the same hereby is
No. 110
Received and Filed
Restaurant Dancing Class I & 1/- 153 Delaware (Item
ADOPTED
No. 42, C.C.P., Nov. 3, 2004)
That pursuant to Chapter 150 of the City Code, the
NO. 102
Commissioner of Permit & Inspections Services be, and
PREVENT ILLEGAL DEMOLITIONS
he hereby is authorized to grant a Restaurant Dancing
(ITEM NO. 178, C.C.P., SEPT. 21, 2004)
Class I & II license to William Paladino d/b/a Cobalt,
That this Common Council will work towards
located at 153 Delaware Avenue.
establishing a set of penalties for illicit/illegal
Passed.
demolitions in the City of Buffalo that will make property
AYES - 8 - NOES - 0
owners fearful of circumventing the system that has
been established to protect our
That the above
NO. 111
item be and the architectural heritage.
Restaurant Dancing Class III- 2 Templeton Terrace
NO. 103
same hereby is
(Item No. 36, C.C.P., Nov. 16, 2004)
B. DAVIS DEMOLITION OF
Received
That pursuant to Chapter 150 of the City Code, the
and Filed FRANKLIN/PEARL PARKING
Commissioner of Permit & Inspections Services be, and
RAMP(187-197 FRANKLIN
he hereby is authorized to grant a Restaurant Dancing
ST)(ELL)
Class IlI license to John D. Tallichet d/b/a Shanghai
(CCP# 58,NOV 3)
Red's, located at 2 Templeton Terrace.
That the above item be and the same hereby is
PASSED
Received and Filed
AYES - 8 - NOES - 0
NO. 104
B. DAVIS HISPANOS UNITED SUPP ZONE CHGE
NO. 112
TH
Request to Dissolve the Water Board
RES TO COMM. 10ST (# 86,
(Item No. 136, C.C.P., Oct. 19, 2004)
6/22)(#57,6/8)(#87,7/6) (CCP# 129,SEPT. 21)
(Item No. 104, C.C.P., Nov. 3, 2004)
That the above item be and the same hereby is
That the above item be, and the same hereby is,
Received and Filed
returned to the Common Council without
ADOPTED
recommendation.
NO. 105
That the above item be received and filed
B. DAVIS – M. MAURO – ELLICOTT SQUARE
ADOPTED
BUILDING –
AYES – BONIFACIO, COPPOLA, DAVIS, FONTANA,
294 WASHINGTON STREET – REQUEST LOADING
FRANCZYK, GOLOMBEK AND GRIFFIN – 7
(Item No. 120, CCP Sept 7, 2004)
NOES – THOMPSON - 1
(Item No. 149, CCP Sept 21, 2004)
NO. 113
That the above item be, and the same hereby is
Request to Dissolve Water Board
returned to the Common Council without
(CCP# 30, Nov 16)
recommendation.
That the above item be and the same hereby is
Mr. Fontana moved that the above item be recommitted
Received and Filed
to the Committee on Legislation
ADOPTED
ADOPTED
NO. 114
NO. 106
Appointment Member to the Board of Assessment
Adelphia Bankruptcy (CC)
Review
CCP# 27, Nov 16
(Item No.9 C.C.P., Nov. 16, 2004)
That the above item be and the same hereby is
That the appointments of the Board of Assessment
Received and Filed
th
Review of William Maggio, residing at 230 Wellington
in the Common Council Chambers on the 30day of
Road, for a term expiring 9/30/05, of Henry Osinski,
November 2004.
residing at 175 Parkside Avenue, for a term expiring
PASSED
of Robert Zielinski, residing at 30 Lyman, for a
9/30/06,
AYES - 8 - NOES - 0
term expiring 9/30/07, of Edward Herndon, residing at
19 Summer Street, for a term expiring be, and
9/30/08
NO. 120
they hereby are approved.
C. Hamilton - City's Delay - World of Faith Church
PASSED
Land Exchange Jefferson Avenue Library
AYES - 8 - NOES – 0
(Item No. 44, C.C.P., Oct. 19, 2004)
MAFFIO AND OSINSKI
Mr. Golombek moved that the above item be
recommitted to the Committee on Community
Development.
RIELINSKI AND HERNDON TO THE COMMITTEE ON
ADOPTED
LEGISLATION
NO. 121
B. Russell CSEA Letter RE Elimination of BMHA
NO. 115
Public Safety Dept
Appointment Temporary Members - Board of
(CCP#62, Nov 16)
Assessment Review
That the above item be and the same hereby is
(Item No. 10, C.C.P., Nov. 16, 2004)
Received and Filed
That the Commissioner of Assessment & Taxation, be
ADOPTED
and she hereby is permitted to appointment two (2)
temporary members to the Board of Assessment
NO. 122
Review to serve no more than twenty (20) days as
Buffalo Brownfield Redevelopment Fund
needed during the time period of January 2005 to mid
(Item No. 133, C.C.P., Nov. 3, 2004)
February 2004 be, and hereby is approved.
(Item No. 121, C.C.P., Nov. 16, 2004)
PASSED
That the above item be, and the same hereby is
AYES - 8 - NOES - 0
returned to the Common Council without
recommendation.
NO. 116
Mr. Golombek Moved:
Reply Traffic Concerns at Buffalo United Charter
That the Common Council approves the creation of the
School(PW)
Buffalo Brownfield Redevelopment Fund; and
(CCP# 20, Nov 16)
That the Buffalo Urban Development Corporation and
That the above item be and the same hereby is
the Erie County Industrial Development Agency
Received
("ECIDA") will direct and administer the Fund; and
and Filed
Section 1. The City is hereby authorized to enter into
ADOPTED
the Inter-Governmental Agreement called for in the
Memorandum of Understanding ("MOU"), to be known
NO. 117
as the Buffalo Lakeside Commerce Park Development
Snow Removal Plan(Pw)
and PILOT Redistribution Agreement (the
(CCP# 21, Nov 16)
"Agreement"), which shall be consistent with the MOU,
That the above item be and the same hereby is
and pursuant to which (i) the City and the Council will
Received and Filed
consent to the terms of the PILOT agreements between
ADOPTED
ECIDA and any end user of park proper be pursuant to
NO. 118
which such end user will either make as-if-owned
Council Manager Form of Gov't for COB (hrg
PILOT payments (if such end user is eligible for New
11/08)(#288,7/20) (CCP#86, Nov 16)
York State Empire Zone benefits), or standard ECIDA
That the above item be and the same hereby is
PILOT payments, (ii) the City and the County will direct
Received and Filed
and authorize such end users to make PILOT payments
ADOPTED
directly to ECIDA, and will confirm that receipt of each
AYES - COPPOLA, DAVIS, FONTANA, FRANCZYK,
PILOT payment by ECIDA shall constitute receipt by
GRIFFIN AND THOMPSON – 6
the City or the County, as applicable, and (iii) the City
NOES – BONIFACIO, GOLOMBEK – 2
and the County shall direct ECIDA to remit the Fund's
Share of the PILOT payments made by end users of
COMMUNITY DEVELOPMENT
Park property to a dedicated fund for payment of costs
JOSEPH GOLOMBEKK JR
incurred by BUDC (or ECIDA on behalf of BUDC) in
CHAIRMAN
connection with subsequent phases of the Park and,
after completion of the Park, in connection with similar
NO. 119
projects located within the City that are undertaken by
Acquisition of Land Fillmore and Buell Fire Station
BUDC, with the balance of such PILOT payments to be
(Item No. 116, C.C.P., Nov. 3, 2004)
remitted to the applicable tax jurisdictions. Such
That the above item be, and the same hereby is
Agreement shall also impose restrictions and limitations
returned to the Common Council without
on BUDC's use of the Fund for eligible costs, a
recommendation.
commitment on the part of BUDC to complete and
Mr. Golombek moved
market subsequent phases of the Park, and the
That the City Clerk is hereby directed to publish the
agreement of ECIDA to enter into appropriate PILOT
notice in the Buffalo News regarding the condemnation
arrangements with end users of Park property.
of 1720 Fillmore and 82 Buell - Fillmore and Buell Fire
Section 2. The Mayor is hereby authorized to
Station Project. Said notice to be published for five (5)
execute the Agreement and such other documentation
consecutive days; and
and agreements as may be necessary or appropriate to
That the Common Council will conduct a Public Hearing
carry out the purposes of these resolutions.
Section 3. These resolutions shall take effect permission of the City of Buffalo or the Buffalo Board of
immediately. Education.
Adopted. (3) For the purposes of this subsection, "municipal
AYES-BONIFACIO, COPPOLA, DAVIS, FONTANA, property" means all property owned by the City of
FRANCZYK, GOLOMBEK AND THOMPSON – 7 Buffalo or the Buffalo Board of Education, including but
NOES-GRIFFIN - 1 not limited to parks, playgrounds and public streets.
Special Committees C. Mandatory Spay/Neutering for Impounded/Seized
Dogs
BUDGET COMMITTEE Any dog impounded or seized, whether licensed or
unlicensed, shall be subject to mandatory spa,/or
neutering pursuant to this section as follows:
(Dominic J. Bonifacio Jr., Chairman)
1. All dogs, five months or older, impounded or seized
from a property in the City of Buffalo, and housed at the
NO. 123
City of Buffalo Animal Shelter, must be spayed or
Consider Implementing a Canadian Prescription
neutered before it is returned to its owner or purchased
Drag Program (#104,3/2) (CCP#89, Apr 13)
through the adoption program.
That the above item be and the same hereby is
2. The owner of any dog spayed or neutered pursuant
Received and Filed
to this section shall be responsible for the cost of said
ADOPTED
spaying or neutering.
3. Acceptable proof of ownership for release of any dog
NO. 124
pursuant to this section includes one of the following: a
M. Coppola-The Ledger Art. "Feds Offer Lenience
NYS dog license, Veterinarian/Medical records, pet
on Drug Imports"
store proof of dog purchase and/or county rabies clinic
(CCP#117, Sept 7)
certificate.
That the above item be and the same hereby is
4. If ownership cannot be proven pursuant to section
Received
C3 above, then the City of Buffalo Animal Shelter shall
and Filed
follow the procedures set forth by the City of Buffalo
ADOPTED
regarding an abandoned dog.
APPROVED AS TO FORM
NO. 125
NO. 128
M. Coppola-Prescription Drug Prices (CCP#40, Oct
BY: MR. COPPOLA
19)
BONDRESOLUTION
That the above item be and the same hereby is
BABCOCKSTREETBRIDGERECONSTRUCTION
Received
ACCOUNT 3000-310
and Filed
Bond Resolution of the City of Buffalo, New York,,
ADOPTED
authorizing the issuance of $850,000 General
NO. 126
Improvement Bonds of said City to finance the City's
B. Davis Bd of Education Agenda (CCP#49, Oct 5)
share of the cost of the partial reconstruction of the
That the above item be and the same hereby is
existing Babcock Street Bridge over Norfolk Southern
Received and Filed
Railroad, between Seneca and Clinton Streets in the
City, at the estimated total cost of $850,000.
RESOLUTIONS
The Common Council of the City of Buffalo, in the
County of Erie, New York, hereby resolves (by the
NO. 127
favorable vote of not less than two-thirds of all the
By: Mr. Bonifacio
members of said Common Council) as follows:
Re: Ordinance Amendment Chapter 78, Animals
Section 1, The Comptroller of the City of Buffalo, in the
The Common Council of the City of Buffalo does hereby
County of Erie, New York, is hereby authorized and
ordain as follows:
directed to issue General Improvement Bonds of said
That Chapter 78 of the Code of the City of Buffalo be
City in the principal amount of Eight Hundred Fifty
amended to read as follows:
Thousand Dollars ($850,G00), pursuant to the
78-18 Running at large; special events.
provisions of the Charter of said City and the Local
A. Each owner of a dog shall restrain such dog so as
Finance Law, constituting Chapter 33-a of the
to prevent it from leaving the premises of such owner. A
Consolidated Laws of the State of New York (the
dog may, however, be taken off the premises of its
"Law"), to finance the City's share of the cost of the
owner when securely held in leash. The owner of a dog
partial reconstruction of the existing Babcock Street
shall be held liable for a violation of this subsection
Bridge over Norfolk Southern Railroad, between
whenever any unlicensed dog is found at large. The
Seneca and Clinton Streets in the City. The estimated
owner of record shall be held liable for a violation of this
total cost of said specific object or purpose for which
subsection whenever any licensed dog is found at
the bends authorized by this resolution are to be
large.
issued, including preliminary costs and costs incidental
B. Special events.
thereto and the financing thereof, is $850,0C0 as set
(1) Notwithstanding Subsection A, no person shall
forth in the duly adopted 2004 Capital Improvements
bring a dog, either leashed or unleashed, to a special
Budget of said City, as amended..
event held on municipal property. The owner of the dog
Section 2. The proceeds of the sale of the bends
or the owner of record shall be held liable for a violation
authorized by this resolution, or any bond anticipation
of this subsection.
notes issued in anticipation of the sale of said bonds
(2) For the purposes of this Subsection B, a "special
shall be deposited in the Capital Projects Fund to the
event" includes all entertainments, exhibitions or
credit of the Department of Public Works, Division of
performances described in Chapter 75 and other events
Parks & Streets, Buildings, "Babcock Street Bridge
on municipal property which require a permit or
Reconstruction-2004, Bond Authorization Account No.
3000-310, and shall be used for the specific object or directed to issue General Improvement Bonds of said
purpose specified in Section 1 of this resolution City in the principal amount of Seventy Thousand
.Section 3. The City intends to finance, on an interim Dollars ($70,000), pursuant to the provisions of the
basis, the costs or a portion of the costs of said object Charter of said City and the Local Finance Law,
or purpose for which bends are herein authorized, constituting Chapter 33-a of the Consolidated Laws of
which costs are reasonably expected to be incurred by the State of New York (the "Law"), to finance the City's
the City, pursuant to this Bond Resolution, in the share of the cost of the partial reconstruction of the
maximum amount of $850,000. This Resolution is a Bailey Avenue Bridge over the Cazenovia Creek, south
declaration of Official Intent adopted pursuant to the of Elk Street, in the City. The estimated total cost of
requirements of Treasury Regulation Section L 130-2. said specific object or purpose for which the bonds
Section 4. The following additional matters are hereby authorized by this resolution are to be issued, including
determined and stated: preliminary costs and costs incidental thereto and the
(a) The period of probable usefulness for the financing thereof, is $70,000 as set forth in the duly
specific object or purpose for which the adopted 2004 Capital Improvements Budget of said
$850,000 bends herein authorized are to be issued, City, as amended,
within the limitations of §11.00 a.10. of the Law, is Section 2. The proceeds of the sale of the bonds
twenty (20) authorized by this resolution, or any bond anticipation
years. notes issued in anticipation of the sale of said bends
(b) Current funds are not required by the Law to be shall be deposited in the Capital Projects Fund to the
provided as a down payment prior to the issuance of credit of the Department of Public Works, Division of
the bonds authorized by this resolution or any bond Parks & Streets, Buildings, "Bailey Avenue Bridge
anticipation notes issued in anticipation thereof in Reconstruedon-2004, Bond Authorization Account No.
accordance with Section 107.00 d. 9. of the Law. 3100-310, and shall be used for the specific object or
Section 5. Each of the bends authorized by this purpose specified in Section 1 of this resolution
resolution and any bend anticipation notes issued in .Section 3. The City intends to finance, on an interim
anticipation of the sale of said bonds and the renewals basis, the costs or a portion of the costs of said object
of said notes shall contain the recital of validity or purpose for which bends are herein authorized,
prescribed by Section 52.00 of the Local Finance Law. which costs are reasonably expected to be incurred by
Said bonds and said notes shall be general obligations the City, pursuant to this Bond Resolution, in the
of the City of Buffalo payable as to both principal and maximum amount of $70,000. This Resolution is a
interest by a general lax upon all the taxable real declaration of Official Intent adopted pursuant to the
property within said City without limitation as to rate or requirements of Treasury Regulation Section L150-2.
amount. The faith and credit of said City are hereby Section 4. The following additional matters are hereby
irrevocably pledged for the punctual payment of the determined and stated:
principal of and interest on said (a) The period of probable usefulness for the specific
bonds and said notes, provision shall object or propose for which the $70,000 bonds herein
be made annually by appropriation by authorized are to be issued, within the limitations of §
said City for the payment of interest on and for the 11.00 a. 10. of the Law, is twenty (20) years
amounts required for the amortization and redemption (b) Current funds are not required by the Law to be
of said bends and said notes. provided as a down payment prior to the issuance of
Section 6. The validity of the bonds authorized by this the bonds authorized by this resolution or any bond
resolution or any bend anticipation notes issued in anticipation notes issued in anticipation thereof in
anticipation of the sale of said bonds may be contested accordance with Section 107.00 d. 9. of the Law.
only if: Section 5. Each of the bonds authorized by this
(a) Such obligations are authorized for an object resolution and any bond anticipation notes issued in
or purpose for which the City of Buffalo is anticipation of the sale of said bends and the renewals
not authorized to expand money, or of said notes shall contain the recital of validity
(b) The provisions of law which should be prescribed by Section 52.00 of the Local Finance Law.
complied with at the date of the publication of this Said bonds end said notes shall be general obligations
resolution are not substantially complied with, of the City of Buffalo payable as to both principal and
and an action, suit or proceeding contesting such interest by a general tax upon all the taxable real
validity, is commenced within twenty days after the date property within said City without limitation as to rate or
of such publication, amount. The faith and credit of said City are hereby
or irrevocably pledged for the punctual payment of the
(c) Such obligations are authorized in violation of principal of and interest on said bonds and said notes.
the provisions of the constitution. Provision shall be made annually by appropriation by
Introduced: said City for the payment of interest on and for the
LAID ON THE TABLE amounts required for the amortization and redemption
of said bonds and said notes.
NO. 129 Section 6. The validity of the bonds authorized by this
BY: MR. COPPOLA resolution or any bond anticipation notes issued in
BOND RESOLUTION anticipation of the sale of said bends may be contested
BAILEY AVENUE BRIDGE RECONSTRUCTION only if:
ACCOUNT 3000-310 (a) Such obligations are authorized for an object
The Common Council of the City of Buffalo, in the or purpose for which the City of Buffalo is
County of Erie, New York, hereby resolves (by the not authorized to expend money, or
favorable vote of not less than two-thirds of all the (b) The provisions of law which should be
members of said Common Council) as follows: complied with at the date of the publication of this
Section 1. The Comptroller of the City of Buffalo, in the resolution ate not substantially complied with,
County of Erie, New York, is hereby authorized and and an action, suit or proceeding contesting such
validity, is commenced within twenty days after the date of said notes shall contain the recital of validity
of such publication, prescribed by Section 52.00 of the Local Finance Law.
or Said bonds and said notes shall be general obligations
(c) Such obligations are authorized in violation of the of the City of Buffalo payable as to both principal and
provisions of the constitution. interest by a general tax upon all the taxable real
LAID ON THE TABLE property within said City without limitation as to rate or
amount. The faith and credit of said City are hereby
NO.130 irrevocably pledged for the punctual payment of the
BY: MR. COPPOLA principal of and interest on said bonds and said notes.
BOND RESOLUTION GRIDER STREET Provision shall be made annually by appropriation by
RECONSTRUCTION said City for the payment of interest on and for the
ACCOUNT 3000-310 amounts required for the amortization and redemption
Bond Resolution of the City of Buffalo, New York,, of said bonds and said notes.
authorizing the issuance of $650,000 General Section 6. The validity of the bonds authorized by this
Improvement Bonds of said City to finance the City's resolution or any bond anticipation notes issued in
share of the cost of the partial reconstruction of Grider anticipation of the sale of said bonds may be contested
Street from Kensington Avenue to Delavan Avenue in only if:
the City, at the estimated total cost of $650,000. (a) Such obligations are authorized for an object
The Common Council of the City of Buffalo, in the or purpose for which the City of Buffalo is not
County of Erie, Hew York, hereby resolves (by the authorized to expend money, or
favorable vote of not less than two-thirds of all the (b) The provisions of law which should be
members of said Common Council) as follows: complied with at the date of the publication of this
Section I. The Comptroller of the City of Buffalo, in the resolution are not substantially complied with,
County of Erie, New York, is hereby authorized and and an action, suit or proceeding contesting such
directed to issue General Improvement Bonds of said validity, is commenced within twenty days after the date
City in the principal amount of Six Hundred Fifty of such publication,
Thousand Dollars ($650,000), pursuant to the or
provisions of the Chatter of said City and the Local (c) Such obligations are authorized in violation of the
Finance Law, constituting Chapter 33-a of the provisions of the constitution.
Consolidated Laws of the State of New York (the Introduced
"Law"), to finance the City's share of the cost of the LAID ON TABLE
partial reconstruction of Grider Street from Kensington
Avenue to Delavan Avenue in the City. The estimated NO. 131
total cost of said specific object or purpose for which BY: MR. COPPOLA
the bonds authorized by this resolution arc to be issued, BOND RESOLUTION
including preliminary costs and costs incidental thereto NORTH BUFFALO RAILS-TO-TRAILS
and the financing thereof, is $650,000 as set forth in the ACCOUNT 3000-310
duly adopted 2004 Capital Improvements Budget of Bond Resolution of the City of Buffalo, New York,
said City, as amended.. authorizing the issuance of $65,000 General
Section 2. The proceeds of the sale of the bonds Improvement Bonds of said City to finance the City's
authorized by this resolution, or any bond anticipation share of the cost of the preparation of surveys,
notes issued in anticipation of the sale of said bonds preliminary and detailed plans, specifications and
shall be deposited in the Capital Projects Fund to the estimates necessary for planning construction of a
credit of the Department of Public Works, Division of bicycle/pedestrian trail system on former railroad rights
Parks & Streets, Buildings, "Grider Street of way in the North Buffalo area in the City, at the
ReconsWaction-2004, Bond Authorization Account No. estimated total cost of $65,000.
3000-310, and shall be used for the specific object or The Common Council of the City of Buffalo, in the
purpose specified in Section I of this resolution County of Erie, New York, hereby resolves (by the
Section 3. The City intends to finance, on an interim favorable vote of not less than two-thirds of all the
basis, the costs or a portion of the costs of said object members of said Common Council) as follows:
or purpose for which bonds are herein authorized, Section 1. The Comptroller of the City of Buffalo, in the
which costs are reasonably expected to be incurred by County of Erie, New York, is hereby authorized and
the City, pursuant to this Bond Resolution, in the directed to issue General Improvement Bonds of said
maximum amount of $650,000. This Resolution is a City in the principal amount of Sixty-Five Thousand
declaration of Official Intent adopted pursuant to the Dollars ($65,000), pursuant to the provisions of the
requirements of Treasury Regulation Section 1.150-2. Charter of said City and the Local Finance Law,
Section 4. The following additional matters are hereby constituting Chapter 33-a of the Consolidated Laws of
determined and stated: the State of New York (the "Law'*), to finance the City's
(a) The period of probable usefulness for the specific share of the cost of the preparation of surveys,
object or purpose for which the $650,000 bonds herein preliminary and detailed plans, specifications and
authorized are to be issued, within the limitations of estimates necessary for planning construction of a
§11.00 a.20. of the Law, is fifteen (15) years. bicycle/pedestrian trail system on former railroad rights
(b) Current funds arc not required by the Law to be of way in the North Buffalo area in the City. The
provided as a down payment prior to the issuance of estimated total cost of said specific object or purpose
the bonds authorized by this resolution or any bond for which the bonds authorized by this resolution are to
anticipation notes issued in anticipation thereof in be issued, including preliminary costs and costs
accordance with Section 107.00 d. 9. of the Law. incidental thereto and the financing thereof, is $65,000
Section 5. Each of the bonds authorized by this as set forth in the duly adopted 2004 Capital
resolution and any bond anticipation notes issued in Improvements Budget of said City, as amended.
anticipation of the sale of said bonds and the renewals Section 2. The proceeds of the sale of the bonds
authorized by this resolution, or any bend anticipation authorizing the issuance of $245,000 General
notes issued in anticipation of the sale of said bonds Improvement Bonds of said City to finance the City's
shall be deposited in the Capital Projects Fund to the share of the cost of the construction of a
credit of the Department of Public Works, Division of bicycle/pedestrian trail along Tift Street, Euhrmann
Parks & Streets, Buildings, "North Buffalo Rails-to-Blvd., and Ohio Street along the Buffalo Waterfront in
Trails-2004, Bond Authorization Account No. 3000-310, the City, at the estimated total cost of $245,000.
and shall be used for the specific object or purpose The Common CounciI of the City of Buffalo, in the
specified in Section l of this resolution. County of Erie, New York, hereby resolves (by the
Section 3. The City intends to finance, on an interim favorable vote of not less than two-thirds of all the
basis, the costs or a portion of the costs of said objects members of said Common Council) as follows:
or purposes for which bonds are herein authorized, Section l. The Comptroller of the City of Buffalo, in the
which costs are reasonably expected to be incurred by County of Erie, New York, is hereby authorized and
the City, pursuant to this Bond Resolution, in the directed to issue General Improvement Bonds of said
maximum amount of $65,000. This Resolution is a City in the principal amount of Two Hundred Forty-Five
declaration of Official Intent adopted pursuant to the Thousand Dollars ($245,000), pursuant to the
requirements of Treasury Regulation Section l.150-2. provisions of the Charter of said City and the Local
Section 4. The following additional matters are hereby Finance Law, constituting Chapter 33-a of the
determined and stated: Consolidated Laws of the State of New York (the
(a) The period of probable usefulness applicable "Law"), to finance the City's share of the cost of the
to the specific object or purpose for which construction of a bicycle/pedestrian trail along Tifft
the bonds authorized by this resolution are to be issued Street, Fuhrmann Blvd., and Ohio Street along the
nd)
Buffalo Waterfront in the City. The estimated total cost
within the limitations of Section IL00 (a) 62(2of the
of said specific object or purpose for which the bonds
Local Finance Law, is five (5) years.
authorized by this resolution are to be issued, including
(b) Current funds are not required by the Law to be
preliminary costs and costs incidental thereto and the
provided as a down payment prior to the issuance of
financing thereof, is $245,000 as set forth in the duly
the bonds authorized by this resolution or any bond
adopted 2004 Capital Improvements Budget of said
anticipation notes issued in anticipation thereof in
City, as amended..
accordance- with Section 107.00 d. 9. of the Law.
Section 2. The proceeds of the sale of the bonds
Section 5. Each of the bonds authorized by this
authorized by this resolution, or any bond anticipation
resolution and any bond anticipation notes issued in
notes issued in anticipation of the sale of said bonds
anticipation of the sale of said bends and the renewals
shall be deposited in the Capital Projects Fund to the
of said notes shall contain the recital of validity
credit of the Department of Public Works, Division of
prescribed by Section 52.00 of the Local Finance Law.
Parks & Streets, Buildings, 'Wifft Street Greenway
Said bonds and said notes shall be general obligations
Improvements-2004, Bond Authorization Account No.
of the City of Buffalo payable as to both principal and
30(]0-310, and shall be used for the specific object or
interest by a general tax upon all the taxable real
purpose specified in Section 1 of this resolution.
property within said City without limitation as to rate or
Section 3. The City intends to finance, on an interim
amount. The faith and credit of said City are hereby
basis, the costs or a portion of the costs of said objects
irrevocably pledged for the punctual payment of the
or purposes for which bonds are herein authorized,
principal of and interest on said bonds and said notes.
which costs are reasonably expected to be incurred by
Provision shall be made annually by appropriation by
the City, pursuant to this Bond Resolution, in the
said City for the payment of interest on and for the
maximum amount of $245,000. This Resolution is a
amounts required for the amortization and redemption
declaration of Official Intent adopted pursuant to the
of said bonds and said notes.
requirements of Treasury Regulation Section 1.150-2.
Section 6. The validity of the bonds authorized by this
Section 4. The following additional matters an: hereby
resolution or any bond anticipation notes issued in
determined and stated:
anticipation of the sale of said bonds may be contested
(a) The period of probable usefulness applicable to the
only if:
specific object or purpose for which the bonds
(a) Such obligations are authorized for an object
authorized by this resolution are to be issued within the
or purpose for which the City of Buffalo is
limitations of Section 11.00 (a) I9 (c) of the Local
not authorized to expend money, or
Finance Law, is fifteen (15) years.
(b) Current funds me not required by the Law to be
(b) The provisions of law which should be
provided as a down payment prior to the issuance of
complied with at the date of the publication of this
the bonds authorized by this resolution or any bond
resolution are not substantially complied with,
anticipation notes issued in anticipation thereof in
and an action, suit or proceeding contesting such
accordance- with Section 107.00 d. 9. of the Law.
validity, is commenced within twenty days after the date
Section 5. Each of the bonds authorized by this
of such publication,
resolution and any bond anticipation notes issued in
or
anticipation of the sale of said bonds and the renewals
(c) Such obligations are authorized in violation of
of said notes shall contain the recital of validity
the provisions of the constitution.
prescribed by Section 52.00 of the Local Finance Law.
Introduced:
Said bonds and said notes shall be general obligations
LAID ON THE TABLE
of the City of Buffalo payable as to both principal and
interest by a general tax upon all the taxable real
NO. 132
property within said City without limitation as to rate or
BY: MR. COPPOLA
amount. The faith and credit of said City are hereby
BOND RESOLUTION
irrevocably pledged for the punctual payment of the
TIFFT STREET GREENWAY IMPROVEMENTS
principal of and interest on said bonds and said notes.
ACCOUNT 3000-3 IO
Provision shall be made annually by appropriation by
Bond Resolution of the City of Buffalo, New York,
said City for the payment of interest on and for the maximum amount of $700,000. This Resolution is a
amounts required for the amortization and redemption declaration of Official Intent adopted pursuant to the
of said bonds and said notes. requirements of Treasury Regulation Section L 150-2.
Section 6. The validity of the bonds authorized by this Section 4. The following additional matters are hereby
resolution or any bond anticipation notes issued in determined and stated:
anticipation of the sale of said bonds may be contested (a) The period of probable usefulness for the
only if: specific object or purpose for which the
(a) Such obligations are authorized for an object $700,000 bends herein authorized are to be issued,
or purpose for which the City of Buffalo is not within the limitations of §11.00a,10.of the Law, is
authorized to expend money, or twenty(20) years.
(b) The provisions of law which should be (b) Current funds are not required by the Law to be
complied with at the date of the publication of this provided as a down payment prior to the issuance of
resolution are not substantially complied with, the bonds authorized by this resolution or any bend
and an action, suit or proceeding contesting such anticipation notes issued in anticipation thereof in
validity, is commenced within twenty days after the date accordance with Section 107.00 d. 9. of the Law,
of such publication, Section 5, Each of the bonds authorized by this
or resolution and any bond anticipation notes issued in
(c) Such obligations are authorized in violation of anticipation of the sale of said bends and the renewals
the provisions of the constitution. of said notes shall contain the recital of validity
Introduced prescribed by Section 52.00 of the Local Finance Law.
LAID ON THE TABLE Said bends and said notes shall be general obligations
of the City of Buffalo payable as to both principal and
NO. 133 interest by a general tax upon all the taxable real
BY: MR. COPPOLA property within said City without [imitation as to rate or
BONDRESOLUTION amount. The faith and credit of said City are hereby
WEST FERRY ST./BLACK ROCK CANAL irrevocably pledged for the punctual payment of the
BRIDGE RECONSTRUCTION ACCOUNT principal of and interest on said bends and said notes.
30OO-3 I0 Provision shall be made annually by appropriation by
Bond Resolution of the City of Buffalo, New York,, said City for the payment of interest on and for the
authorizing the issuance of $700,000 General amounts required for the amortization and redemption
Improvement Bonds of said City to finance the City's of said bonds and said notes.
share of the cost of the partial reconstruction of the Section 6. The validity of the bonds authorized by this
West Ferry Street Lift Bridge over the Black Rock Canal resolution or any bond anticipation notes issued in
in the City, at the estimated total cost of $700,0C0. anticipation of the sale of said bonds may be contested
The Common Council of the City of Buffalo, in the only if:
County of Erie, New York, hereby resolves (by the (a) Such obligations are authorized for an object
favorable vote of not less than two-thirds of all the or purpose for which the City of Buffalo is not
members of said Common Council) as follows: authorized to expend money, or
Section 1, The Comptroller of the City of Buffalo, in the (b) The provisions of law which should be
County of Erie, Now York, is hereby authorized and complied with at the date of the publication of this
directed to issue General Improvement Bonds of said resolution are not substantially complied with,
City in the principal amount of Eight Hundred Fifty and an action, suit or proceeding contesting such
Thousand Dollars ($700,000), pursuant to the validity, is commenced within twenty days after the date
provisions of the Charter of said City and the Local of such publication,
Finance Law, constituting Chapter 33-a of the or
(c) Such obligations are authorized in
Consolidated Laws of the State of New York (the
"Law"), to finance the City's share of the cost of the
violation of the provisions of the constitution.
partial reconstruction of the West Ferry Street Lift
Introduced:
Bridge over the Black Rock Canal in the City. The
LAID ON THE TABLE
estimated total cost of said specific object or purpose
for which the bends authorized by this resolution are to
NO. 134
be issued, including preliminary costs and costs
BY: MR.COPPOLA
incidental thereto and the financing thereof, is $700,000
DAMAGE TO CITY OF BUFFALO EMPLOYEE'S
as set forth in the duly adopted 2004 Capital
PERSONAL EFFECTS
Improvements Budget of said City, as amended..
Section 16-8 of the City Charter addresses the issue of
Section 2. The proceeds of the sale of the bonds
damages to an employee's personal effects while in the
authorized by this resolution, or any bond anticipation
scope of his or her employment; and,
notes issued in anticipation of the sale of said bonds
While employees should not be subject to pay for
shall be deposited in the Capital Projects Fund to the
damages or loss of property under the conditions
credit of the Department of Public Works, Division of
outlined in § 16-8, they should take responsibility to
Parks & Streets, Buildings, "West Ferry St./Black Rock
inform the city in a timely and reasonable fashion; and,
Canal Bridge Reconstruction-2004, Bond Authorization
§ 16-8 stipulates that no claim for damages shall be
Account No. 3000-310, and shall be used for the
paid unless a written claim is filed with the City Clerk
specific object or purpose specified in Section 1 of this
within 60 days from the time of the occurrence, and
resolution
while at the time that it was established this policy may
.Section 3. The City intends to finance, on an interim
have been sufficient but, this has become a policy that
basis, the costs or a portion of the costs of said object
needs to revised; and,
or purpose for which bonds are herein authorized,
Often times damages are due to acts that are criminal
which costs are reasonably expected to be incurred by
in nature and the appropriate reporting should be to file
the City, pursuant to this Bond Resolution, in the
first with the Buffalo Police Department; and, further consideration.
By filing a complaint with the Police Department the city REFERRED TO THE COMMITTEE ON LEGISLATION,
has the best opportunity to hold the violator COMMISSIONER OF PERMITS AND INSPECTIONS,
accountable for any financial loss to the employee and PLANNING AND THE CITY PLANNING BOARD THE
or the City of Buffalo; and, DIRECTOR OF STRATEGIC PLANNING AND THE
In order for the city to have the best possible chances CORPORATION COUNSEL
of investigating the complaint and charging the
appropriate person or persons with any violation and NO. 136
holding them financially accountable, a report must be BY: MR. COPPOLA
filed as soon as possible. EXCUSE COUNCILMEMBER RUSSELL FROM
Now therefore be it resolved that: MEETING
This Common Council requests that the Law Whereas: Councilmember Bonnie E. Russell will
Department file the appropriate ordnance amendment be unable to attend theCouncil meeting
that will require employees to file a complaint with the on Tuesday, November 30, 2004;
Buffalo Police Department whenever there is evidence Now, Therefore, Be It Resolved That:
of any violation of law that caused or contributed to the The Common Council excuses Councilmember Bonnie
loss or damage of their property; and, E. Russell from attending the Tuesday, November 30,
Be it further resolved that: 2004, Common Council meeting.
This Common Council requests that the amendment ADOPTED
also require that the police report be filed no later than
forty-eight (48) hours from the time of the occurrence NO. 137
and that the report also be attached to any claim that is BY: MR. COPPOLA
filed with the city as currently required under § 16-8; REFUNDING BOND RESOLUTION
and, $145,000,000 BONDS
Be it further resolved that: REFUNDING OF 1991, 93, 94, 95, 97,
The Law Department file with the City Clerk this 98, 99, 2001 AND 2002 OUTSTANDING
ordinance amendment no later than 2:00 PM Thursday, BONDS
December 14, 2004; and, REFUNDING BOND RESOLUTION DATED
Be it finally resolved that: DECEMBER, 2004
This resolution is referred to the Council's Committee REFUNDING BOND RESOLUTION OF THE CITY OF
on Legislation for further consideration. BUFFALO, NEW YORK, AMENDING THE
REFERRED TO THE COMMITTEE ON LEGISLATION REFUNDING BOND RESOLUTION ADOPTED
AND THE CORPORATION COUNSEL FEBRUARY 14, 2001, TO PROVIDE FOR A REVISED
PLAN OF REFUNDING AND AUTHORIZING THE
NO. 135 REFUNDING OF ALL OR A PORTION OF
SPONSOR: MR. COPPOLA ADDITIONAL VARIOUS OUTSTANDING BONDS OF
CO-SPONSORS: MR. GRIFFIN SAID CITY.
LICENSING OF ADULT USE ESTABLISHMENTS Recitals
The city currently requires any firm or corporation WHEREAS, the Common Council of the City of Buffalo,
engaging in business as a pawnbroker, junkyard, flea New York, has heretofore duly authorized the issuance
market and used car dealer to apply for a license from of$110,000,000 Refunding Bonds of said City, or so
the department of Permits and Inspections, said license much thereof as may be necessary, to finance the
is also to be approved by the Common Council; and refunding of all or a portion of various outstanding
The City Charter requires the Commissioner of Permits bonds, pursuant to the refunding bond resolution
and Inspections to refer such license requests to the adopted by said Common Council on February 14,
Commissioner of Fire for an inspection and to the 2001 and hereinafter referred to; and
Commissioner of Police for a an investigation into the WHEREAS, it has now been determined that the
background and reputation of the applicant; and refunding of all or a portion of various additional
A junk dealer or pawnbroker license may not be outstanding bonds should be authorized in order to
granted to an owner or operator convicted of any restructure City debt service to provide budget relief for
offense relating to the theft or receipt of stolen property; the next several fiscal years;
and NOW THEREFORE, BE IT
The licensing requirements for pawnbrokers, junkyards, RESOLVED BY THE COMMON COUNCIL OF THE
flea markets and used car dealers appears to be more CITY OF BUFFALO, NEW YORK (by the favorable vote
stringent than the licensing requirements for Adult Use of not less than two-thirds of all members of said
Establishments; and Common Council) AS FOLLOWS:
While Adult Use Establishments must comply with Section (A). The refunding bond resolution of said City
zoning requirements regarding the location of such duly adopted by the Common Council on February 14,
businesses, owners and operators of such businesses 2001, entitled:
are not required to undergo a background investigation "BOND RESOLUTION DATED FEBRUARY 14, 2001
by the Police Department, or to have their license REFUNDING BOND RESOLUTION OF THE CITY OF
approved by the Common Council; and BUFFALO, NEW YORK, AUTHORIZING THE
Now Therefore Be It Resolved: REFUNDING OF ALL OR A PORTION OF VARIOUS
That the Common Council requests the Law OUTSTANDING BONDS OF SAID CITY, STATING
Department to draft a new Ordinance licensing the THE PLAN OF FINANCING, APPROPRIATING AN
operation of an Adult Use Establishment in the same AMOUNT NOT TO EXCEED $110,000,000
manner as other city licensed businesses. THEREFOR, AUTHORIZING THE ISSUANCE OF
Be It Finally Resolved: $110,000,000 REFUNDING BONDS OF SAID CITY,
That this item is referred to an appropriate committee of OR SO MUCH THEREOF AS MAY
the Council for BE NECESSARY, TO FINANCE SAID
APPROPRIATION, AND MAKING CERTAIN
DETERMINATIONS ALL RELATIVE THERETO,"
is hereby amended to read as follows:
Therefore Be It Resolved:
Available for review in the City Clerks Office
That this Common Council grants permission to the
REFERRED TO THE COMMITTEE ON FINANCE
HerteI-North Buffalo Business Association to hang
holiday lights on all lampposts between Delaware and
NO. 138
Starin Avenues.
SPONSOR: MR. COPPOLA
PASSED
WATER RATE ANALYSIS STUDY
AYES - 8 NOES - 0
Whereas The Buffalo water system has the capacity to
provide additional water to residential and business
NO. 140
customers; and
BY: COUNCILMEMBER DAVIS
Whereas The Board, based on the recommendation of
SET PUBLIC HEARING 266 AND 286 OAK STREET
its current Water Rate Consultant and the need to
SIGNATURE DEVELOPMENT BUFFALO,LLC, -
adhere to stringent Bond holder covenants and lending
REDEVELOPER
requirements, has resorted to a continuing series of
WHEREAS, the City of Buffalo is the owner of the
water rate increases to counter declining revenues; and
Buffalo Alternative School at 266 Oak Street which has
Whereas This approach, while not flawed, has caused
been formally abandoned by the Board of Education
the remaining ratepayers to individually pay more to
and 286 Oak Street which is used by the Board of
support water system operation; and
Education as an Electrical Service Building; and
Whereas Ratepayers can ill afford to continue to pay
WHEREAS, Signature Development was selected
projected back-to-back, and at times double digit, rate
following a competitive Request for Proposal process
increases; and
for redevelopment of the former school premises; and
Whereas This approach is generally viewed as
WHEREAS, Signature Development Buffalo, LLC
detrimental to the City's efforts to attract new residents
and/or other legal entity to be formed (herein referred to
and businesses; and
as the "Redeveloper") has been duly designated as
Whereas It has been almost ten (10) years since the
qualified and eligible Redeveloper in accordance with
Board engaged the services of a Water Rate Analyst;
the rules and procedures prescribed by the City of
and
Buffalo Urban Renewal Agency; and
Whereas The time is now for the Board to be proactive
WHEREAS, the City of Buffalo Urban Renewal Agency
and solicit the services of a trained Water Rate Analyst
and the Redeveloper has negotiated a proposed Land
to study the current mix of residential, commercial and
Disposition Agreement for the sale of 266 and 286 Oak
industrial ratepayers in an effort to develop a more
Street; and
equitable approach to water rate setting while providing
WHEREAS, the terms of said proposed Land
an incentive to residents and businesses to relocate to
Disposition Agreement have been approved by the City
the City; and
of Buffalo Urban Renewal Agency; and
Whereas The Board, the Buffalo Municipal Water
WHEREAS, said Land Disposition Agreement has been
Finance Authority (BMWFA) and the City of Buffalo
forwarded by the City of Buffalo Urban Renewal Agency
have explored the option of selling the Buffalo Water
to this Common Council for action, pursuant to section
System to the Erie County Water Authority (ECWA), a
507, subdivision 2(d) of the General Municipal Law; and
deal that has not yet been consummated; and
WHEREAS, Article 15A of the "General Municipal Law"
Now Therefore Be It Resolved: That the Buffalo Water
requires that the disposition of land in an Urban
Board furnish to this Common Council, an action plan to
Renewal Project may be approved only after a public
engage the services of a trained Water Rate Analyst to
hearing on due notice.
conduct a study of the current water rate structure and
NOW, THEREFORE, BE IT RESOLVED:
the estimated cost thereof, to ensure that future water
1. That the City Clerk is hereby directed to publish the
rates are set equitably and in a manner that is customer
notice attached hereto and marked "Notice of Hearing"
friendly while serving to attract new residents and
in the Buffalo News, no later than the 4th day of
businesses to the City of Buffalo.
December 2004.
REFERRED TO THE COMMITTEE ON FINANCE, THE
2. That this Common Council will conduct a Public
COMMISSIONER OF PUBLIC WORKS, AMERICAN
Hearing on the matter stated in said "Notice of Hearing"
WATER WORKS AND THE WATER BOARD
th
at 2:00 P.M. in the Council Chambers on the 14of
December 2004.
NO. 139
NOTICE OF PUBLIC HEARING
SPONSOR: MR. COPPOLA
Pursuant to provisions of the General Municipal Law,
GRANT PERMISSION TO HANG LIGHTS ON
notice is hereby given that a hearing will be held before
HERTEL AVENUE
the Common Council, Council Chambers, City Hall, at
Whereas The HerteI-North Buffalo Business
2:00 P.M. on December 14, 2004 on the following:
Association has asked permission to hang Holiday
To consider an Agreement for the transfer of 266 and
Lights on all lampposts between Delaware and Stadn
286 Oak Street to the City of Buffalo Urban Renewal
Avenues, and
Agency and thereafter to Signature Development
Whereas These decorations will help to beautify the
Buffalo, LLC pursuant to a proposed Land Disposition
City of Buffalo during the upcoming holiday season, as
Agreement. The parties of the proposed Land
well as add to the holiday ambiance along the Hertel
Disposition Agreement are: Buffalo Urban Renewal
strip.
Agency and Signature Development Buffalo, LLC
Whereas The lights will be taken by down by Friday,
and/or other legal entity designated as the qualified and
January 15, 2005, and the HerteI-North Buffalo
eligible Redeveloper by Buffalo Urban Renewal
Business Association will notify the Department of
Agency.
Public Works in order to make sure that all
requirements for proper installation met.
are
NO. 141 distributing bread and baked goods in the City of
BY: MR. FONTANA Buffalo since 2002 and is currently located at 1237
RE: ORDINANCE AMENDMENT William Street, and;
CHAPTER 3 5, PERSONNEL POLICIES Whereas: Midstate Bakery Distributors, Inc. is shifting
The Common Council of the City of Buffalo does hereby its operations to a new location at 402 Babcock Street
ordain as follows: effective December 31,2004, and;
That Chapter 35 of the Code of the City of Buffalo be Whereas: Midstate Bakery Distributors, Inc. employs 10
amended to read as follows:
§3 5 - 14, Undertaking required.
Each person now holding the office enumerated in this
workers and anticipates that it will be adding two
section or who is hereafter elected or appointed thereto
additional workers, and;
shall execute and cause to be approved and filed in the
Whereas: Midstate Bakery Distributors, Inc. met with
office of the Comptroller and kept in force an
the Buffalo Economic Renaissance Corporation and
undertaking to the City of Buffalo, or such elected or
wishes to remain and expand in Buffalo.
appointed official may be covered under the blanket
NOW THEREFORE BE IT RESOLVED:
undertaking or bond of the City of Buffalo, in the penal
That the City of Buffalo consents to the relocation and
sum set opposite the title or designation of the office,
shift of operations of Midstate Bakery Distributors Co.,
conditioned that he will faithfully discharge the duties of
Inc.,
his office and promptly account for, pay over and
AND BE IT FURTHER RESOLVED
deliver all money and property received by him
That the Buffalo Common Council approve this
belonging to said city or, in default thereof, that the
resolution as soon as possible.
parties executing such undertaking will pay all
PASSED
damages, costs and expenses resulting from such
AYES - 8 NOES - 0
default, not exceeding the sum therein specified. Each
such undertaking shall be executed by the officer as
NO. 144
principal and by an incorporated surety company
SPONSOR: MR. FRANCZYK, MR. COPPOLA,
authorized by law to transact business in the State of
MR. DAVIS
New York as surety. The undertaking shall be subject to
CITY OF BUFFALO WATER USE FOR
approval by the Corporation Counsel as to form and by
AESTHETIC AND RECREATION PURPOSES
the Comptroller as to sufficiency. The undertakings of
the respective officers shall be:
Whereas: The Buffalo Water Board (The Board), an
Officer Amount
entity independent of the City of Buffalo,
President of the Council $100,000.00
has identified that a considerable amount of water is
Mayor 100,000.00
used by the City of Buffalo for
Comptroller 300,000.00
aesthetic purposes such as fountains, memorials,
Commissioner of Administration and Finance $300,000
exhibits and attractions and for
It is hereby certified pursuant to Section 3-19 of the
recreational uses such as the City's swimming and
Charter of the City of Buffalo, that the immediate
wading pools and Park system
passage of the foregoing ordinance is necessary.
lakes; and
APPROVED AS TO FORM
Whereas: The water used for these aesthetic and
NO. 142
recreational purposes is more
BY: MR. FRANCZYK
commonly
RE: ORDINANCE AMENDMENT CHAPTER 511,
referred to as drinking water; and
ZONING
Whereas: The escalating costs for energy and
The Common Council of the City of Buffalo does hereby
chemicals to produce drinking water are
ordain as follows:
at record highs due to current world
That Chapter 35 of the Code of the City of Buffalo be
events; and
amended to read as follows: §511-56 Elmwood Avenue
Whereas: The cost of producing drinking water for
Business District.
system consumers and for aesthetic and
Restricted uses; Council permission required.
recreational purposes is an operating
Automobile repair services, but not including collision
cost borne by all system-wide rate-
work Automobile wash services
payers including the City of Buffalo and
Commercial parking lots
paid from the City's limited resources
Dance halls and nightclubs
funded by the City's taxpayers; and
Demolitions (non-emergency only)
Whereas: The lack of meters at consumption
Eating and drinking places
points limits efforts to arrive at actual
Gasoline and service stations
water consumption, conservation and
Laundry, dry-cleaning and dyeing services
cost for managers to determine whether
Pet shops
it is economically feasible to continue such practices;
REFERRED TO THE COMMITTEE ON LEGISLATION
and
institution it is to serve Takeout service, prepared food
Now Therefore Be It Resolved:
APPROVED AS TO FORM
That the Buffalo Water Board furnish to this Common
Corporation "Counsel
Council a report of the
Matter underlined is new.
following information:
REFERRED TO THE COMMITTEE ON LEGISLATION
1. The estimated cost and amount of water used in City
fountains, memorials,
NO. 143
exhibits and attractions and for recreational uses such
BY: MR. FRANCZYK
as the City's swimming and
RE: SHIFT OF OPERATION INTO EMPIRE ZONE
wading pools, and park lakes;
Whereas: Midstate Bakery Distributors, Inc. has been
2. The estimated water rate reduction if such water use SPONSOR: MR.GOLOMBEK
was accounted and paid for as THE POSSIBILITY OF MERGING THE BUFFALO
metered water vs. discontinuing the use of drinking SEWER AUTHORITY AND THE BUFFALO WATER
water for the aesthetic and SYSTEM
recreation purposes described above; Whereas Municipalities throughout the country such as
3. What is the feasibility and cost of installing water Augusta Georgia, San Antonio Texas, and Springfield
recycling and filtration systems Massachusetts have or are merging their water and
(similar to those used for homeowner swimming pools) sewer operations to reduce costs and increase
to preserve the splendor, efficiency; and
beauty and use of these attractions and facilities? Whereas A merger of the Sewer Authority and the
REFERRED TO THE COMMITTEE ON FINANCE, THE Water System would allow the merged entity to share
COMMISSIONER OF PUBLIC WORKSAMERICAN
, staff, equipment, billing and customer service, dispatch
WATER WORKS AND THE WATER BOARD services, plant control systems, and funding sources;
and
NO. 145 Whereas The Buffalo Sewer Authority is a regional
SPONSOR: MR. FRANCZYK, MR. COPPOLA, MR. entity operating the areas largest treatment plant and
DAVIS providing treatment services to the towns of
UNACCOUNTED-FOR WATER Cheektowaga, West Seneca, Sloan, Depew, Lancaster,
The Buffalo Water Board (The Board) an entity and parts of Tonawanda, Elma, Alden and Orchard
independent of the City of Buffalo, has identified the Park; and
problem of Unaccounted-For Water which has been Whereas Although legally autonomous, the Sewer
estimated to be as high as fifty percent (50%) of the Authority and Water System as a practical matter rely
total drinking water produced by the Buffalo Water on the City of Buffalo for financial management and
System; and system administration. The Mayor and the Council
Unaccounted-for Water can be described as drinking appoint board members and the Authority's contract for
water produced at the Buffalo Water System treatment personnel, legal, purchasing, audit, treasury and other
and filtration plant, distributed city-wide through services from the City of Buffalo; and
underground pipes comprising the water distribution Whereas A merger of the two systems could possibly
system, that is not measured by a water meter when benefit each and the city of Buffalo.
consumed; and Now Therefore Be It Resolved:
Despite on-going efforts by the Board to fully meter That the Common Council supports investigating the
water use at all points of consumption, un-metered benefits and disadvantages of a merger between the
water use (accounted for as "fiat-rate consumption") Sewer Authority and Water System.
together with unanticipated water loss from water line Be It Further Resolved:
breaks and leakage, together with water used for fire-That the Sewer Authority and the Water System provide
fighting and other municipal purposes comprises their initial thoughts as to the benefits and
Unaccounted-for Water; and disadvantages of a merger.
The potential sale of the Buffalo Water System to the Be It Finally Resolved:
Erie County Water Authority anticipates that within five That this item be referred to the Law Department for a
years all City of Buffalo owned facilities would be legal opinion on merging the Sewer Authority and the
metered to measure water consumption and Water System. That this item be additionally referred to
conservation practices, reduce Unaccounted-for Water an appropriate Committee of the Council for further
and to establish the true cost of water to be borne by consideration.
the City of Buffalo as a system-wide ratepayer; and REFERRED TO THE COMMITTEE ON
The cost of producing Unaccounted-for Water is an LEGISLATION, THE COMMISSIONER OF PUBLIC
operating cost borne by all system-wide rate-payers WORKS AND THE CORPORATION COUNSEL
including the City of Buffalo-and paid from the City's
limited resources funded by the City's taxpayers; and NO. 147
A reduction in the amount of Unaccounted-for Water BY: MR. GOLOMBEK
would decrease overall water system operating costs RE: ORDINANCE AMENDMENT
thereby reducing the costs borne by water system CHAPTER 437, TAXICABS AND LIVERIES
ratepayers including the City of Buffalo; and The Common Council of the City of Buffalo does hereby
Now Therefore Be It Resolved: ordain as follows:
That the Buffalo Water Board provides to this Common That Chapter 437 of the Code of the City of Buffalo be
Council a report of the following information and the amended to read as follows:
corrective action to eliminate or reduce its occurrence: §437-14 Rates and charges.
1. The number of City owned buildings and facilities A. No person shall charge a greater sum for the use
that currently consume unmetered water; of a taxicab or livery than in accordance with the
2. The number of Non-City owned buildings and following rates:
facilities that currently consume unmetered water; (1) Hourly rates: $21 per hour for one or more
3. The estimated cost and amount of Unaccounted-for passengers.
Water used by the consumers described above and the (2) Mileage rates: [$2.30] $2.70 for the first 1/6 mile or
potential water rate reduction if such water use was less; $0.35 for each additional 1/6 mile or less; [$0.35]
accepted-for as metered water use. $0.45 for each one minute of waiting time, including
REFERRED TO THE COMIMITTEE ON FINANCE, time lost in traffic delays. Upon producing certification
THE COMMISSIONER OF PUBLIC WORKS, issued by the Mayor's office as to senior citizen status,
AMERICAN WATER WORKS AND THE WATER persons shall be entitled to a ten-percent reduction in
BOARD the amount of the fare. [Amended 9-3-2002, effective 9-
16-2002]
NO. 146 (3) Hand baggage: flee.
(4) Trunks: $1 each. INCREASING THE DOWN PAYMENT REQUIRED
(5) Large boxes: $1 each. FOR CITY FORECLOSURE SALE
B. No additional or extra charge shall be made for Whereas The current Agreement of Sale utilized by the
carrying more than one passenger, but all passengers City at the foreclosure auction requires a purchaser to
up to the seating capacity of the vehicle shall be carried make a down payment in the amount of 20% of the bid
for the same fare as that above prescribed for one price or $400.00 whichever is greater; and
passenger. Whereas Increasing the amount of the down payment
C. Upon demand, the driver of a taxicab or livery required would provide more initial funds to the city and
shall furnish to the passenger a perhaps make it more difficult for bidders looking to flip
receipt for the fare paid, showing the name and properties at an outrageous profit to unsuspecting
badge number of the driver. buyers; and
D. All disputes as to the lawful rate of fare shall be Now Therefore Be It Resolved:
determined by the police officer in charge of the police That the Council requests an opinion from the law
station nearest to the place where the dispute arises or department as to whether there are any legal
occurs; and a failure to comply with such determination, restrictions which prohibit the city from increasing the
provided that it be in accordance with the rate herein down payment at the city foreclosure sale from 20% to
fixed, shall be a violation of this chapter. 33%.
E. The rate charged in the City of Buffalo shall be Be It Further Resolved:
subject to review and renewal by the Common Council That this item be referred to the Commissioner of
after a period of one year from the effective date of Taxation and Assessment for comment.
such rate change. During that one-year period, taxicab Be It Finally Resolved:
and livery service providers shall work with the That this item be referred to an appropriate Committee
Common Council on improving the quality of service in of the Council for further consideration.
the City of Buffalo. The amount of improvement and REFERRED TO THE COMMITTEE ON LEGISLATION,
extent of cooperation by the taxicab and livery service THE CORPORATION COUNSEL AND THE
providers may be considered in the decision to renew COMMISSIONER OF ASSESSMENT
the rate for an additional period of time.
F. Effective August 1, 2000, a person may charge a NO. 150
temporary gasoline surcharge of $0.50 on each fare for BY MR. GRIFFIN:
a period of nine months, expiring on April 30, 2001 .] DISCHARGE CLAIMS COMMITTEE
APPROVED AS TO FORM "STATE FARM INSURANCE COMPANIES, AS
Corporation Counsel SUBROGEE OF ROBERT SAVAGE, 101 STATE
Note Matter in brackets to be deleted. Matter underlined FARM PLACE, BALLISTON SPA, NEW YORK
is 12020"
new. (ITEM #B-16, NOVEMBER 22, 2004 - AGENDA)
REFERRED TO THE COMMITTEE ON LEGISLATION Whereas: The above item is currently in the Claims
Committee; and
NO. 148 Whereas It is no longer necessary for this item to be
SPONSOR: MR.GRIFFIN considered by that committee;
HOLDING A PUBLIC HEARING REGARDING THE Now, Therefore Be it Resolved:
ERIE COUNTY WATER AUTHORITY That this Common Council does hereby discharge the
OFFER TO PURCHASE THE BUFFALO WATER Claims Committee from further consideration of Item B-
SYSTEM 16, November 22, 2004 agenda and said item is now
Whereas The Erie County Water Authority has before the Common Council for its consideration.
submitted a proposal to purchase the Buffalo water ADOPT DISCHARGE APPROVE
system; and
Whereas The Common Council has had several NO. 151
meetings discussing the offer made by the Erie County BY: MS. RUSSELL
Water Authority; and BUDGET AND PERSONNEL AMENDMENT 04 -
Whereas As elected representatives the Council should OFFICE OF THE COMPTROLLER 1042 - DIVISION
seek input from the public in this important decision; OF AUDIT
and The Common Council of the City Of Buffalo does ordain
Whereas It is understood that prior to a sale of the as follows:
Buffalo water system, a separate public hearing and That part of Section 1 of Chapter 35 of the Code of the
public referendum would have to be held; and City of Buffalo, relating to 04 - Office of the Comptroller,
Whereas A preliminary public hearing to obtain input 1045 - Division of Audit which currently reads:
from the public as to the offer made by the Erie County 7 Senior Auditor $ 37,852 - $ 42,836
Water Authority would provide guidance and direction 3 Assistant Auditor $ 32,487 - $ 37,485
to this honorable body. Is hereby amended to read:
Now Therefore Be It Resolved: 6 Senior Auditor $ 37,852 - $ 42,836
That the Council supports holding an evening public 4 Assistant Auditor $ 32,487 - $ 37,485
hearing as soon as possible to obtain public comment IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of
on the offer made by the Erie County Water Authority to the Charter, that the immediate passage of the
Purchase the Buffalo water system. foregoing ordinance is necessary.
REFERRED TO THE COMMITTEE ON FINANCE We, ANDREW A. SANFILIPPO, COMPTROLLER AND
MICHAEL A. SEAMAN DIRECTOR OF BUDGET,
NO. 149 hereby certify that the above change is necessary for
SPONSOR: MR. GRIFFIN the proper conduct, administration and performance of
CO-SPONSORS: MRS. RUSSELL essential services of that department. We recommend
that the compensation for said position be fixed at the
respective amount set forth in the foregoing ordinance. and cancellation by the respective Chairmen of Council
APPROVED AS TO FORM Committees. In the event that there is sufficient
CORPORATION COUNSEL 11/18/04 Attachment time given for notification, it will be provided. In addition,
there may be meetings set up whereby the City Clerk's
NO. 152 Office is not made aware; therefore, unless we receive
BY: MS. RUSSELL notice from the respective Chairmen, we can only make
BUDGET AND PERSONNEL AMENDMENT 55 - notification of what we are made aware.
OFFICE OF COMMUNITY SERVICES
1074 - OFFICE OF COMPLIANCE 1301 -NO. 154
ADMINISTRATIVE ADJOURNMENT
The Common Council of the City Of Buffalo does ordain On a motion by Mr. Coppola, Seconded by Mrs.
as follows: Russell, the Council adjourned at
The part of Section 1 of Chapter 35 of the Code of the GERALD CHWALINSKI, III CITY CLERK
City Buffalo, relating to 55 – Office of Community
Services, 1074 – Office of Compliance, 1301 –
Administrative, which currently reads:
15574001-Office of Compliance
411001 - Salary $14,428
1 Senior Stenographer $ 26,861 - $ 30,114
15501001- Community Services Administrative
411001 Salary $377,205
1 Typist $25,162-$27,847
is hereby amended to read
15574001- Office of Compliance
411001-Salary $558
15501001-CommunityServicesAdministrative
411001-Salary $ 391,075
2 Typist $ 25,162 - $ 27,847
IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of
the Charter, that the immediate passage of the
foregoing ordinance is necessary.
We, DONALD O. ALLEN, COMMISSIONER OF
COMMUNITY SERVICES AND MICHAEL A. SEAMAN
DIRECTOR OF BUDGET, hereby certify that the above
change is necessary for the proper
conduct, administration and
performance of essential services of
that department. We recommend that the compensation
for said position be fixed at the respective amount set
forth in the foregoing ordinance.
CORPORATION COUNSEL
11/18/04 Attachment
REFERRED TO THE COMMITTEE ON CIVIL
SERVICE
NO. 153
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are
th
held in the Common Council Chambers, 13floor City
Hall, Buffalo, New York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, December 7,
2004 at 9:30 o'clock A.M.
Committee on Finance Tuesday, December 7, 2004 at
10:00 o'clock A.M.
following Civil Service
Committee on Legislation Tuesday, December 7, 2004
at 2:00 o'clock P.M
Committee on Comm. Dev. . Wednesday, December 8,
2004 at 10:30 o'clock
A.M.
Committee on Education Wednesday, December 1,
2004 at 2:00 o'clock PM
Special Committees
Special Legislation Committee Meeting, Red Helmets,
Monday, December 6, 2004 at 10:00 o'clock AM in Rm
1417
Special Legislation Committee Meeting, Wednesday
December 8, 2004 at 2:00 o'colock PM in room 1417
(Public Disclaimer): All meetings are subject to change