HomeMy WebLinkAbout04-1019
No. 19
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
October 19, 2004
CIVIL SERVICE COMMITTEE: Bonnie E. Russell
Chairman, Brian C. Davis, Joseph Golombek Jr., Richard A.
MAYOR Fontana-Members
Hon. Anthony M. Masiello
CLAIMS COMMITTEE: James D. Griffin, Chairman,
ACTING COMPTROLLER Richard A. Fontana, Joseph Golombek,Jr., Antoine M.
Andrew Sanfilippo Thompson - Members
COMMON COUNCIL COMMUNITY DEVELOPMENT COMMITTEE: Joseph
PRESIDENT OF THE COUNCIL Golombek, Jr. Chairman, Dominic J. Bonifacio Jr., Bonnie E.
FILLMORE DISTRICT Russell, Antoine M. Thompson - Members
David A. Franczyk
FINANCE COMMITTEE: Brian C. Davis, Chairman,
PRESIDENT PRO TEMPORE Dominic J. Bonifacio, Jr., Marc A. Coppola, James D. Griffin -
UNIVERSITY DISTRICT Members.
Bonnie E. Russell
LEGISLATION COMMITTEE: Richard A. Fontana,
MAJORITY LEADER Chairman, Dominic J. Bonifacio Jr., Marc A. Coppola, Bonnie
DELAWARE DISTRICT E. Russell - Members
Marc A. Coppola
RULES COMMITTEE: David A. Franczyk, Chairman
DISTRICT COUNCIL MEMBERS Marc A. Coppola, Bonnie E. Russell - Members
BRIAN C. DAVIS - ELLICOTT
RICHARD A. FONTANA - LOVEJOY
ANTOINE M. THOMPSON - MASTEN
DOMINIC J. BONIFACIO Jr. - NIAGARA SPECIAL COMMITTEES
JOSEPH GOLOMBEK JR. - NORTH BUDGET COMMITTEE:Dominic J. Bonifacio, Jr.,
JAMES D. GRIFFIN - SOUTH Chairman, Marc A. Coppola, Brian C. Davis, Joseph
Golombek, Jr. - Members
REGULAR COMMITTEES MINORITY BUSINESS ENTERPRISE COMMITTEE-
Antoine M. Thompson, Chairman Brian C. Davis, James D.
Griffin
CORPORATION PROCEEDINGS
Streets and Sanitation has recently experienced up to six
COMMON COUNCIL trucks, that are used to deliver totes, breaking down and a
CITY HALL - BUFFALO delay in an order of 3,000 new totes from the manufacturing
TUESDAY, OCTOBER 19, 2004 plant in North Carolina.
AT 2:00 P.M. However, with bulk trash pick-ups ending, as well as, vacant lot
cutting, more trucks and manpower will be used to catch up on
PRESENT – David A. Franczyk, President of the the backlog of tote deliveries.
Council, and and Council Members Bonifacio, Coppola, As always, I hope that this information is useful.
Davis, Fontana, Golombek, Griffin and Russell – 8. REFERRED TO THE COMMITTEE ON FINANCE
ABSENT – Thompson - 1 FROM THE OFFICE OF STRATEGIC PLANNING
On a motion by Mr. Coppola seconded by NO. 3
Mr.Fontana, the minutes of the stated meeting held on Acquisition of 1731 & 1733 Seneca and
October 5, 2004 were approved. 497 Southside Pkwy. for New Fire Facility
1731 Seneca - Parking Lot - Lot Size: 35 x 130 - Assessed
Value: $5,200 1733 Seneca - Former Precinct - Lot Size: 65
FROM THE MAYOR – EXECUTIVE DEPARTMENT x 130 - Assessed Value: 10O,O00 497 Southside -
Firehouse - Lot Size: 133 x Irregular -Assessed Value:
FROM THE BUFFALO PRESERVATION BOARD $257,800
South District
NO. 1 At the request of the Buffalo Fire Department and the
Demolition Policy for the City of Buffalo Buffalo Fire - EMS Facilities Task Force, the Office of Strategic
#123 CCP Oct. 5, 2004 Planning, Division of Real Estate, has investigated several sites
At its meeting on October 7, 2004, the Buffalo Preservation in the Seneca/Southside area for acquisition for a new Fire
Board reviewed the above captioned item. The Preservation Station.
Board unanimously endorsed this resolution which requests The sites at 1731 Seneca, 1733 Seneca and 497 Southside
that the Department of Permits & Inspection Services establish Parkway have been reviewed and recommended by the Fire
a policy that: i) Once an application for demolition is completed, Department, the Facilities Task Force and MMA Consultants.
there is a fifteen (15) day waiting period before the actual The property consists of the former Precinct No. 9 and current
permit is issued to the applicant, 2) Requires demolition location of the Buffalo Fire Department Engine No. 25. The City
applicants to post a Notice of Intent to Demolish" on the of Buffalo sold the property at public auction in 1998 for One
building for a period not less than 7 days, 3) A Re-Use plan Hundred Fifteen Thousand Dollars ($115,000.00) and the
for the site must be submitted at the time application is made. firehouse portion was leased back to the City of Buffalo. The
Existing ordinances Chapter 103 - Building Construction & property owner is as follows:
Demolition: Fire Prevention, Section 103-6 & Chapter 337 - 1731 & 1733 Seneca and 497 Southside - Owner: WNY Realty
Preservation Standards, Section 337-24 should be amended to Funding, Inc.
include the proposed revisions to eliminate any confusion due The City of Buffalo is currently leasing a portion of this property
to conflicting regulations regarding demolition applications in (approx. 10,246 square feet) for the operation of a firehouse.
the City of Buffalo. I am requesting that Your Honorable Body authorize the Office
The Preservation Board strongly recommended that these of Strategic Planning, Division of Real Estate, to negotiate the
provisions be implemented & enforced for all demolitions within acquisition of this property and report the results of those
the City of Buffalo. negotiations back to the Common Council for final approval.
If you have any questions, please contact Thomas W. REFERRED TO THE COMMITTEE ON COMMUNITY
Marchese, Executive Secretary at 851-5029. DEVELOPMENT
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 4
Rescind Sale
FROM THE OFFICE OF CITIZEN SERVICES
323 Baraga Street
NO. 2
Item # 68, C.C.P. September 22, 1998
Monthly report from the Division of Citizen Services
In the above referenced item Your Honorable Body
September 2004
authorized the sale of 323 Baraga Street to Mr. Jose R.
Attached for your review is the following: (1) chart of service
Mendez, 292 Germania Street, Buffalo, New York 14220 in the
calls for September 2004, (2) chart of service calls for
amount of one thousand six hundred dollars ($1,600).
September 2003- for comparative purposes, and (3) charts of
Several notices have been mailed to Mr. Mendez requesting to
"open" service calls from August 2004, as of October 1, 2004.
schedule an appointment to close on 323 Baraga. Final notice
Total calls for September 2004, were down by about 20%,
was sent stating failure to respond would result in the sale be
6,645 to 5,316, from August, which is consistent, as a
rescinded and deposit forfeited. This office received no
seasonal drop, when comparing August 2003 to September
response.
2003.
Therefore, this office is recommending the Common Council
The total reduction in service calls for September 2004 was
approve to rescind the sale, forfeit the deposit of one hundred
423; 2,576 to 2,153.
sixty dollars ($160) and the property be returned to our
The categories showing the biggest decreases were tote
inventory.
requests (325 to 221), inspection requests (631 to 541), and
Mr. Coppola Moved:
refrigerator pick-ups (174 to 114).
That the communication from the Department of Strategic
In reviewing "open" service request calls from August 2004,
Planning, dated October 6, 2004, be received and filed; and
inspection requests have improved to 70% "closed" within 30
That the Executive Director of Strategic Planning be, and he
days, while broken and stolen tote replacements still remain
hereby is authorized to rescind the sale of 323 Baraga Street,
above 70% after 30 days.
and forfeit the deposit in the amount of one hundred and sixty
dollars ($160.00) and to return the property to inventory for The Office of Strategic Planning, Division of Real Estate, has
resale. received a request from the Northwest Buffalo Community
PASSED Center, Inc. Munchkinland Day Care Center to renew their
AYES - 8 - NOES - 0 lease for an additional three (3) year period to commence on
October 1, 2004 and expire on September 30, 2007.
NO. 5 This office recommends that Your Honorable Body renew their
Rescind Sale present lease agreement for an additional three (3) year period
274 Reed Street to commence on October 1,2004 and expire terminate on
Item # 160, C.C.P. September 22, 1998 September 30, 2007. I am further recommending that Your
In the above referenced item Your Honorable Body Honorable Body authorize the Corporation Counsel to prepare
authorized the sale of 274 Reed Street to Ms. EIoise Hall, 276 the necessary documents to renew said lease and that the
Reed Street, Buffalo, New York 14211 in the amount of eight Mayor be authorized to execute the same.
hundred dollars ($800). REFERRED TO THE COMMITTEE ON FINANCE AND THE
Several notices have been mailed to Ms. Hall requesting to CORPORATION COUNSEL
schedule an appointment to close on 274 Reed Street. Final
notice was sent stating failure to respond would result in the NO. 8
sale be rescinded and deposit forfeited. This office received no Request For Short Term Lease - Specialty Restaurant Co.
response. (Shanghai Red's) to Lease a Portion of the Parking Lot
Therefore, this office is recommending the Common Council at the Eire Basin Marina - Ellicott District
approve to rescind the sale, forfeit the deposit of eight dollars The Office of Strategic Planning, Division of Real Estate,
($80) and the property be returned to our inventory. has received a request from Specialty Restaurant (Shanghai
Mr. Coppola Moved: Red's) for a short term lease from Oct. 16, 2004 through April
That the communication from the Department of Strategic 30, 2005 for a portion of the parking area at the Erie Basin
Planning, dated October 5, 2004, be received and filed; and Marina.
That the Executive Director of Strategic Planning be, and he The terms of the lease shall include but not be limited to the
hereby is authorized to rescind the sale of 274 Reed Street, following:
and forfeit the deposit in the amount of eighty dollars ($80.00) 1. Lease will be from October 16, 2004 though April 30,
and to return the property to inventory for resale. 2005 seven days a week (including holidays) between the
PASSED hours of operation of the restaurant.
AYES - 8 - NOES - 0 2. Space to be leased by Specialty Restaurant Co. must be
agreed upon by the Commissioner of Public Works,
NO. 6 Parks and Streets.
Rescind Sale 3. Specialty Restaurant will work around the Department of
3 Sordyl Street Public Works until all boats and docks are removed from
Item # 157, C.C.P. September 22, 1998 the water.
In the above referenced item Your Honorable Body 4. In lieu of rent Tenant will be responsible for all utilities
authorized the sale of 3 Sordyl Street to Mr. Joseph A. Doyle, 9 including but not limited to electric, garbage user fee, etc.
Andrew Alley, Buffalo, New York 14210 in the amount of one Tenant will also be responsible for all exterior
thousand dollars ($1,000). maintenance and minor repairs including but not limited to
Several notices have been mailed to Mr. Doyle requesting to snow plowing, cleaning, lighting, etc. to the leased
schedule an appointment to close on 3 Sordyl Street. Final premises.
notice was sent stating failure to respond would result in the 5. Signage, gates, barriers and containers to be installed
sale be rescinded and deposit forfeited. This office received no and removed at Tenant's expense shall be agreed upon
response. the by Commissioner of Public Works.
Therefore, this office is recommending the Common Council 6. Tenant will provide adequate liability insurance, type and
approve to rescind the sale, forfeit the deposit of one hundred amount to be determined by the Corporation Counsel, City
dollars ($100) and the property be returned to our inventory. of Buffalo.
Mr. Coppola Moved: 7. Either party may have the option to cancel this lease upon
That the communication from the Department of Strategic a 30 day written notice of said cancellation.
Planning, dated October 6, 2004, be received and filed; and The Commissioner of Public Works is in agreement with the
That the Executive Director of Strategic Planning be, and he above stated conditions.
hereby is authorized to rescind the sale of 3 Sordyl Street, and I am recommending that Your Honorable Body approve the
forfeit the deposit in the amount of one hundred dollars request of Specialty Restaurant Co. (Shanghai Red's) to lease
($100.00) and to return the property to inventory for resale. a portion of the Erie Basin Marina Parking lot upon the above
PASSED terms and conditions. I am further recommending that the
AYES - 8 - NOES - 0 Corporation Counsel prepare the necessary lease agreement
and that the Mayor be authorized to execute the same.
NO. 7 Mr. Coppola Moved:
Renew Lease Agreement between the City of Buffalo and That the communication from the Department of Strategic
Northwest Buffalo Community Center, Inc. Munchkinland Planning, dated October 13, 2004, be received and filed; and
Day Care Center for use of 902-904 Tonawanda Street -That the Executive Director of Strategic Planning be, and he
North District hereby is authorized to enter into a short term lease with
Item No. 6. C.C.P. 10/16/2001 Specialty Restaurant Co. (Shanghai Red's) to commence on
Pursuant to Item No. 6, C.C.P. 10/16/2001 Your Honorable October 16, 2004 and expire on April 30, 2005 for a portion of
Body authorized a three (3) year lease agreement between the the parking area at the Erie Basin Marina with the terms and
City of Buffalo and the Northwest Buffalo Community Center, conditions as listed above. That the Corporation Counsel
Inc. Munchkinland Day Care Center for use of 902-904 prepare the necessary lease agreement and that the Mayor be
Tonawanda Street. Their current lease expired on September authorized to execute the same.
30, 2004. PASSED
AYES - 8 - NOES - 0 $305,000
To: 37320406-445100 Firehouse Design $125,000
No. 9 32346806-445100 NYSDERA Energy Performance
Buffalo Weed and Seed Program Year IIl Funds Contract $30,000
This is to advise the Honorable Common Council the 37310606-445100 Cazenovia Slope Walls Design
funds for Year 1II of the Buffalo Weed and Seed Program, in $75,000
the amount of $500,000 ($225,000 for each designated site 31655806-445100 Continuing GIS Development
and $50,000 to assist in our community and law enforcement $75,000
efforts in Public Housing), has been awarded to the City of RECEIVED AND FILED
Buffalo.
The City of Buffalo's Weed and Seed strategy will continue to NO. 11
be a catalyst for unprecedented communication and lnterfund Cash Loan
collaboration that will continue to improve the quality of life for Buffalo Youth Impact Project
thousands of families in both the East Side Site (parts of Certain Federal and State aided programs require a cash
Masten, Ellicott, Fillmore, and University Districts and Police advance until the program is operating and reimbursement is
District "C" and "E") and the West Side Site (parts of Niagara, received.
Ellicott, Fillmore Districts and Police Districts "B" and "D"). I have reviewed the program listed below and determined the
Weed and Seed has been tremendously successful in cash needs to be warranted. I have approved an interfund cash
identifying community assets and capitalizing on those loan to be made in the maximum amount of $60,000 as needed
resources to more effectively serve City neighborhoods most in subject to your approval and receipt of signed grant document
need. from New York Division of Criminal Justice Services. Loan is
The elements of this coordinated Weed and Seed Program will payable at date of reimbursement.
include law enforcement/interaction with the community, FROM: 100-General Fund
prevention, intervention and treatment and neighborhood TO: 2300 - Special Revenue Fund - State Programs
restoration. The focus of the five elements will be to weed out GRANT TITLE: Juvenile Accountability Block Grant - Buffalo
factors contributing to socio-economic distress and seed Youth Impact Project (JS03522000)
activities to contribute to the growth of a healthy, revitalized and GRANT AGENCY: New York State Division of Criminal Justice
sustainable neighborhood. Services
In its third year, the program will operate its highly successful GRANT AMOUNT: $150,910
gun abatement program, address mutual concerns through LOAN AMOUNT: $60,000
special initiative determined by the police and the community, Mr. Coppola Moved:
work more closely with block clubs, and Safe Haven sites. That the above communication from the Comptroller dated
Year/II will work closely with the Weed and Seed will work October 14, 2004, be received and filed; and
diligently to implement specific neighborhood driven initiatives, That the Comptroller be, and he hereby is authorized to make
youth programming, and further block club development. an interfund cash loan from the General Fund in the amount of
Effective, this year, an inteffund cash loan will no longer be $60,000 for Juvenile Accountability Block Grant - Buffalo Youth
available for this grant. Money will be drawn down as expenses Project (JS0352200). The loan is payable at date of
are incurred and invoices will be paid, as the funds become reimbursement.
available. PASSED
These funds will be used to conform to the guidelines of the AYES - 8 - NOES - 0
grant and as previously approved by the
Mr. Coppola Moved: NO. 12
That the above communication from the Department of Certificate of Appointment
Strategic Planning dated October 14, 2004 be received and Appointment Effective: October 12, 2004 in the Department of
filed; and Audit and Control Division of Accounting to the Position of
That the Executive Director of Strategic Planning be, and he Supervising Accountant TEMPORARY APPOINTMENT
hereby is authorized on behalf of the City to accept the funds of THIRD STEP Starting Salary of $47,456
Year III of the Buffalo Weed and Seed Program, in the amount Louis M. Biondi 279 Summit Avenue Buffalo NY 14214
of $500,000 ($225,000 for each designated site and $50,000 to REFERRED TO THE COMMITTEE ON CIVIL SERVICE
assist in the community and law enforcement efforts in Public
Housing. Funds will be drawn down as expenses are incurred FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS
and invoices will be paid, as the funds become available. AND STREETS
PASSED
AYES - 8 - NOES - 0 NO. 13
Broadway Market
981 Broadway
FROM THE COMPTROLLER
Pole Sign
Within City Right of Way
NO. 10
Mr. Jim Popiela of Advision sign company acting as an agent
Certificate of Necessity
for the Broadway Market, has requested permission to install a
Transfer of Funds
pole sign within City right of way at said address. The proposed
Reserve for Planning Capital Projects
pole sign would measure 42' in height and be located between
Capital Projects
the public sidewalk and south curbline of Broadway.
We, Anthony M. Masiello, Mayor and Andrew A.
The Department of Public Works, Parks and Streets has
SanFilippo, Comptroller, do hereby certify, pursuant to §20-12
reviewed this application in accordance with Chapter 413-67
of the Charter, that it is necessary that the sum of $305,000 be
(Encroachment regulations) of the City Charter and
transferred and reappropriated from the Planning for Capital
recommends that Your Honorable Body refer this item to the
Projects account, as set forth below:
Planning Board for the necessary site plan review and
From: 30000106 - 445100 Planning for Capital Projects
approval. If approved by tile Planning Board and Your
Honorable Body, the commissioner will issue a "Mere License" 67,060.40
for installation provided the following conditions are met: 411 Ludington Ave.
1. That the applicant obtain any and all other City of Buffalo, NY 14206
Buffalo permits necessary, including a building permit from the *Adjusted Amount
Department of Permit and Inspection Services. I hereby state that the lowest responsible bidder for the above
2. That tile pole sign be installed exactly as shown on project is Gleason's Nursery, Inc. I respectfully recommend
plans submitted to and approved by the Department of Permit that your Honorable Body authorize a contract award in the
and amount of $54,782.20 (49,802.00 Base Bid + 10% unit price
Inspection Services. increase 4,980.20 = Total Award $54,782.20). Funds for this
3. That the pole sign does not exceed 42 feet in height work are in Capital Project Accounts 30340506, 35310106,
4. That the applicant be responsible for maintenance of and 37400206. The engineer's estimate for this work is
the pole sign as long as it remains within City right of way. $58,000. Attached is a list of the tree planting locations by
5. That the applicant supply tile City of Buffalo with a councilmatic district.
certificate of insurance which will indemnify and save harmless In addition the city has received an inner-city urban and
tile community forestry grant in the amount of $25,000 which will
City of Buffalo against any and all loss and damage be used to partially reimburse this project. Permission is also
arising out of the construction, maintenance, use and removal being requested to accept this grant, #C302427, from the
of said pole sign. NYSDEC and deposit the funds back into our Capital Project
REFERED TO THE COMMITTEE ON LEGISLATION AND Account for tree infrastructure #37400206.
THE CITY PLANNING BOARD Mr. Coppola Moved:
That the above communication from the Commissioner of
NO. 14 Public Works, Parks and Streets dated October 7, 2004, be
Buffalo Animal Shelter received and filed; and
Item No. 197, C.C.P. 07/20/04 That the Commissioner of Public Works, Parks and Streets,
Mayor Masiello has asked me to respond to the referenced be, and he hereby is authorized to award a contract for City
resolution. Wide Fall Planting 2004, Group #633, to Gleason's Nursery,
For the past several months I have been attending meetings the lowest responsible bidder, in the amount of $54,782.20
with representatives of Erie County and the SPCA to discuss ($49,802.00 Base Bid + 10% unit price increase $4,980.20 =
future options for animal control and adoptions in the City of Total Award $54,782.20). Funds for the project are available in
Buffalo. Discussions have centered on a plan that would see Capital Project Accounts 30340506, 35310106 and 37400206.
the County construct a regional animal shelter with the SPCA That the Commissioner of Public Works, Parks and Streets,
operating the adoption center. This plan is still in a very be, and he hereby is authorized to accept and inner city urban
preliminary stage, but progressing. and community forestry grant #C302427, from NYSDEC and
The Council has also set up a special committee to review the deposit the amount of $25,000.00 into Capital Project Account
operations of the current animal shelter. This Administration for tree infrastructure #37400206.
feels that if the Council sees a need for a task force, that it be PASSED
incorporated within the existing Council committee. I, or AYES - 8 - NOES - 0
effected members of my staff, will be available for such a
committee. NO. 16
REFERRED TO THE COMMITTEE ON BUDGET Change in Contract
North Jefferson Library
NO. 15 Construction
Report of Bids Job #0324
City Wide Fall Planting Masten District
2004 I hereby submit to Your Honorable Body the following changes
Group #633, NYSDEC Forestry Grant C302427 for the North Jefferson Library, Construction, Electrical Work,
This is to advise your Honorable Body that I have advertised Tunney Electric, Inc., C #92010831.
and received bids for City Wide Fall Planting 2004, Group 1. Electrical feed for new chiller. Add $ 2,834.97
#633. 2. Provide additional and spare 4" conduit Add $ 1,492.65
In obtaining bids for the above project, I have asked for bids on The foregoing change results in a net increase in the contract
a unit price covering the various items of work and material that of Four Thousand Three Hundred Twenty Seven and 62/100
will be performed. The final cost of the work will be based on Dollars ($4,327.62).
the actual measured quantities of materials entering into the Summary:
work and may be either more or less than the total bid. Current Contract Amount $498,900.00
The following bids were received: Amount of This Change Order (#1) ADD $ 4,327.62
Base Bid Unit Revised Contract Amount $503,227.62
Price Increase Costs have been reviewed by the Consulting Architect (Robert
Gleason's Nursery Inc. 49,802.00 54,782.20 Traynham Coles, Architect) and the Department of Public
4780 Sheridan Dr. Works, Parks & Streets and were found to be fair and
Williamsville, NY 14221 equitable. Funds for this work are available in 37320306
Titan Development Inc. 52,296.00 445100 - Division of Buildings.
57,525.60 I request that Your Honorable Body authorize the
8534 Seaman Rd. Commissioner of Public Works, Parks & Streets to issue a
Gasport, NY 14067 change order to the contractor as set forth above.
Scott Lawn Yard, Inc. 59,044.00 Mr. Coppola Moved:
64,948.40 That the above communication from the Commissioner of
5552 Townline Rd. Public Works, Parks and Streets dated October 8, 2004, be
Sanborn, NY 14132 received and filed; and
Destro Bros. 60,964.00 That the Commissioner of Public Works, Parks and Streets be,
and he hereby is authorized to issue change order No. 1, to That the Commissioner of Public Works, Parks and Streets be,
Tunney Electric, Inc., an increase in the amount of $4,327.62, and he hereby is authorized to issue a change order, to Destro
as more fully described in the above communication, for work & Brothers Concrete Co., Inc., an increase in the amount of
relating to Job No. 0324, North Jefferson Library, C $116,160.00, as more fully described in the above
#92010831. Funds for this project are available in 37320306 communication, for work relating to Overlay of City Pavements
445100 - Division of Buildings. - 2004, Group #626, C #92010889. Funds for this project are
PASSED available in Division of Engineering Accounts #30032106-
AYES - 8 - NOES – 0 445100 & # 13112006-443100.
NO. 17 PASSED
Change in Contract - #92010889 AYES - 8 - NOES - 0
Overlay of City Pavements - 2004, gr. #626
Destro & Brothers Concrete Co., Inc. No. 18
Corrected Copy Payphone application:
CCP #15 of 10/5/2004 334 moak street ellicott district
st
I hereby submit to our Honorable Body the following unit Mr. Darryl Tills of Quality 1 Used Appliance Inc. located at
price additions to the contract for the above named Project. 334 Oak Street, has requested permission to install a public
This change order was necessary to mill/overlay: payphone within City right of way as described in Chapter
1. BFNC (Ellicott District) 441(Telephone Facilities) of the City Charter. The proposed
2. Earl Street - Best to High (Ellicott District) payphone would be attached to the east building wall of said
3. South Division - Jefferson to Hickory (Ellicott District) address. The payphone would overhang City right of way and
4. Timon - Best to High (Ellicott District) the public sidewalk.
5. Peabody- Seneca to Quinn (Fillmore District) The Department of Public Works, Parks and Streets has
6. Walter - Seneca to Elk (Fillmore District) reviewed this application and has no objection to the installation
7. East Delavan - Jefferson to Humboldt (Masten District) of said payphone. However before a license may be issued,
8. Baxter- Vulcan to Esser (North District) each individual proposed location must be approved by Your
9. Ullman - Vulcan to Esser(North District) Honorable Body in accordance with Chapter 441-4 of the City
10. Roesch - Tonawanda to Baxter (North District Charter as revised (CCP# 136 of December 26, 1995)
11. Seabrook - Vulcan to Doyle (North District) Mr. Coppola
Quantities necessary for the completion of these defective That the above communication from the Commissioner of
areas are beyond the original scope of this contract and Public Works, Parks and Streets dated October 14, 2004, be
deemed necessary to properly complete this City-Wide received and filed; and
Contact. That the Commissioner of Public Works, Parks and Streets be,
Contract Unit Estimated Estimated City st
and he hereby is authorized to issue a license to Quality 1
Bought
Used Appliance to install a payphone located at 334 Oak Street
Item Descr Price Cost Material
which would overhang City right-of-way in accordance with
02.402 Mill existing pavement 2"$1.10/sq.yd. 44,000
Chapter 441-1 (Telephone Facilities) of the City Ordinances as
$48,400.00
revised Item
04.140 Asphalt concrete - material provided, $11.00/ton
No. 136, C.C.P., December 26, 1995.
5,060$55,660.00
PASSED
pick-up & placement
AYES - 8 NOES – 0
04.325 Cleaning pavement $1,000/1.s.lump sum as nec.
$1,000.00
No. 19
04.335 additional roller w/operator $600.00/day
Permission to Pay City Cost Share
10$6,000.00
Curb and Sidewalk at Niagara Center
08.645 manhole resurfacing ring adj. NYSDOT
130 South Elmwood Ave.
$125.00/each $2,500.00
Ellicott District
09.635 waterline valve box riser - 2" with 3/8"
At the Present time, Acquest Construction is building a
$100/each20 $2,000.00
project known as Niagara Center at 130 South Elmwood Ave.
locking bolts - install
This new building will house a variety of mainly Federal tenants
12.120 vehicle towing$30.00/car20 $600.00
including the Veterans Administration and IRS.
City bought material (contract #7117)$30.00/ton
This project encompasses a major portion of the city block
5,060 $151,800.00
bounded by Niagara St., Huron St., South Elmwood Ave. and
Increase in Contract
Mohawk St. As part of Acquest's work they are replacing all of
$116,160.00
the curb and sidewalk in the project area on properties under
Original Contract $1,543,915.00
their control. In an effort to achieve proper grades, drainage
Increase in Contract $116,160.00
and complete the curb and sidewalk work in the entire project
Total Contract to Date $1,660,075.00
area we are requesting permission to utilize Acquest's
Funds for this change order are available in Division of
contractor on site and reimburse Acquest for costs outside
Engineering Accounts #30032106-445100 & #13112006-
their property lines.
443100.
Upon reviewing the engineering drawings and quantities the
I respectfully certify that this change order is fair and equitable
City share of curbs and sidewalk is estimated as
for the work involved, and respectfully request that your
Curb Sidewalk
Honorable Body approve the subject Change order and
South Elmwood 148.5' 1,365
authorize the Commissioner of Public Works to issue said
Sq.Ft.
change order to Destro & Brothers Concrete Co., Inc.
Niagara 195' 3,530
Mr.Coppola Moved:
Sq.Ft.
That the above communication from the Commissioner of
Huron 100' 1,750
Public Works, Parks and Streets dated September 29, 2004,
Sq.Ft.
be received and filed; and
Mohawk 120' 1,560 ("Dedication of Precinct 12 in Memory of D.Lewis ")
Sq. Ft. (#143,C.C.P September 7, 2004)
Total 563.5 L.F. @ 45.00 Ft. 8,205 Sq. With respect to the reference to the "new Pct.12" we must
Ft. @ 5.00 per remember that in 1993 the City of Buffalo embarked on a path
= $25, 357.5 = 41,025 to reduce the number of Police buildings from 14 precincts
Total anticipated City share of costs is $25,357.5 (curb) and serving neighborhoods to 5 Districts serving much larger
$41,025 (sidewalk) = $66,382.50. communities. The C District facility at E. Ferry and Fillmore
Based on the preceding figures permission is requested for our serves citizens from our former Pct. 8, Pct. 11 and Pct. 12.
department to reimburse Acquest Construction in the amount Dedicating this building to a single Officer assigned to one of
not to exceed $70,000 for curb and sidewalk replacement. the former Precincts might be viewed as insensitive to the
These costs have been reviewed by engineering staff and are citizens of the other precincts the building now serves as well
found to be fair and equitable. Funds are available in our as insensitive to deceased officers who were formerly assigned
Capital Project Account #30032106 there.
Mr. Coppola moved: While I acknowledge the true sense of appreciation being
That the Department of Public Works, Parks & Streets is shown by citizens of the former area of Pct. #12 in advocating
authorized to reimburse Acquest Construction for curb and dedicating the building to the memory of Police Officer Doris
sidewalk replacement of the City block founded by Niagara St, Lewis who died tragically in an automobile accident, I would be
Huron St, South Elmwood and Mohawk St not to exceed remiss if I did not take into consideration the other Officers who
$70,000 is hereby approved have died while in the service of Pct. #12 and the City of
PASSED Buffalo. Most notably, Officer Charles McDougald and Officer
AYES - 8 NOES - 0 Robert McClellan who were killed in the line of duty while
assigned to Pct. #12.
No. 20 It is for the above reasons that I am not in favor of dedicating a
Emergency Demolition Front Park Police building in memory of any one Police Officer but rather
Maintenance Building believe that our Police buildings should serve as a constant
Niagara District reminder of the sometimes life threatening duties performed by
This is to advise Your Honorable Body that I declared an all the Officers assigned there.
emergency condition in August 2004 and took necessary action I have personally spoken to Officer Lewis' daughter and we are
to demolish the former Front Park Maintenance Building. The considering dedicating the community room within the C
building was structurally deficient and posed a hazard to the District building in Officer Lewis' honor.
general public in an active City park. REFERRED TO THE COMMITTEE ON LEGISLATION
I therefore request that Your Honorable Body authorize
payment in the amount of $13,088.66 to C. Destro FROM THE CORPORATION COUNSEL
Development Company, Inc. from our Capital Project Account
#36311906.
NO. 23
Mr. Coppola moved
Appointment and Re-appointment of Members to the
That the above communication from the Commissioner of
public
Public Works, Parks and Streets dated October 15, 2004, be
Collections Board of Appeals
received and filed; and
item #1, C.C.P. 9/21/04
That the Commissioner of Public Works, Parks and Streets be,
I am in receipt of the above-referenced Common Council
and he hereby is authorized to make a payment in the amount
Communication. As per the request of your Honorable Body, I
of $13,088.66 to C. Destro Development Company, Inc. for
am providing information regarding outstanding collections
demolition of the Front Park Maintenance Building. Funds for
accounts as follows:
the project are available in Capital Project Account #36311906.
1. George K. Arthur - None
PASSED
2. John McDowell - $150 for 3 false alarms at 311 Vermont
AYES - 8 NOES - 0
from 1997; $10 registration fee for alarm in 2004.
3. Charles Leone - None
No. 21
4. Anne Williams - a/k/a Anne M. Alston; If Ms. Williams is the
Vehicle Purchase
owner of 14 Junior, then a water bill in the amount
The Department of Public Works would like to request
of$116.69 remains outstanding.
permission to purchase one (1) 2005 Chevrolet Van for the
5. Lourdes Iglesias-$349.21 user fee and $776.71 water bill
Animal Shelter. Bids were advertised by the Division of
remain outstanding.
Purchase and Emerling Chevrolet was the successful low
RECEIVED AND FILED
bidder. This van will be used to transport animals to the shelter.
Mr. Coppola moved:
NO. 24
That the above communication from the Commissioner of
Re-appointment of Members of the Preservation Board
Public Works, Parks and Streets dated October 14, 2004, be
Prior Council Reference: Item #2, C.C.P. 9/21/04
received and filed; and
I am in receipt of the above-referenced Common Council
That the Commissioner of Public Works, Parks and Streets be,
Communication. As per the request of your Honorable Body, I
and he hereby is authorized to purchase one (1) 2005
am providing information regarding outstanding collections
Chevrolet Van from Emerling Chevrolet, the lowest responsible
accounts as follows:
bidder, for use by the Animal Shelter.
1. John Laping - None
PASSED
2. Sam Gurney - one unpaid fee for certificate of operation for a
AYES - 8 NOES – 0
fuel device at 217 Linwood in 1996 in the amount of $21.
3. Paul Carroll - None
FROM THE COMMISSIONER OF POLICE
RECEIVED AND FILED
No. 22 FROM THE COMMISSIONER OF PERMIT & INSPECTION
SERVICES and 2003 calendar year. As stated in the audit reports, in 2003
approximately 98 demolitions were performed as compared
with the approximately seventy- (70) demolitions during the
NO. 25
2002 calendar year.
Prevent Illegal Demolitions
This represents a twenty-three (23) per cent decrease in
Item No. 178. C.C.P. 9/21/2004:
activity for the 2002 calendar year. In contrast, since January 1,
I am in receipt of the above stated Common Council
2004 we have demolished eighty-seven (87) properties under
Communication and wish to supply your Honorable Body with
the direction of the Department of Fire. If the current rate
the following information. Section 511-120 governs the
continues we will have demolished one hundred fifteen (115)
penalties for offenses for any and all wok performed without a
properties by the end of this calendar year. Thus if the time
permit. In accordance with this ordinance a contractor or owner
frame to demolish seventy (70) buildings averaged forty-five
will be find a minimum of one hundred dollars ($100.00) per
(45) days and the time frame to demolish ninety-eight (98)
day for residential work and five hundred dollars ($ 500.00) per
buildings averaged sixty-one (61) days the twenty-six percent
day for commercial work performed with out the proper building
(26%) increase in activity being done with a decrease in
or demolition permit. We in the Department of Permit and
Building Inspectors assigned to the Department of Permit and
Inspection Services would be willing to enter into any dialog to
Inspections Services would seem to be inline with the statistics
discuss severe penalties up to and including jail time for the
provided. Section 103-10 H. of the Ordinances of the City of
illegal demolition of a structure protected by Preservation
Buffalo states that a demolition must be completed within a
status. It is my sincere hope that this response satisfies your
sixty- (60) day time frame from when the Demolition Permit is
inquiry.
issued. The audit states that the time frame is for the 2003
REFERRED TO THE COMMITTEE ON LEGISLATION
calendar year was sixty-one (61) days. It is unclear what data
was used to determine the sixty-one day time frame stated by
NO. 26
the Department of Audit. We are unsure as to whether the
Fire Department Demolitions
completion date used in the sample was the date of final
Item No. 12, C.C.P. 9/21/2004:
grading, payment date or other criteria. We feel that the
I am in receipt of the above stated Common Council
Department of Permit and Inspection Services is in substantial
Communication and wish to supply your Honorable Body with
compliance with the requirement set forth in the Charter and
the following information. I have reviewed the audit of Fire
Ordinance of the City of Buffalo. We feel that this response is a
Department Demolitions and wish to respond to the findings of
fair representation of the activity of the process of a fire
this report. The audit makes reference to the error made as to
emergency demolition. It is my sincere hope that this response
the address recorded of the affected property. The Battalion
satisfies your inquiry.
Chief of the Department of Fire is in charge of the fire scene.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
He or she makes the determination for an emergency
COMPTROLLER
demolition. Department of Fire dispatch office notifies
NO. 27
representatives of the Department of Permit and Inspection
Used Car Dealer
Services of the impending emergency demolition. Immediately,
206-212 Leslie (Lovejoy)
the on site bid process takes place. Demolition Contractors are
Pursuant to Chapter 254 of the City of Buffalo Ordinances,
summoned to the site to bid for immediate emergency
please be advised that I have examined the attached
demolition of the subject property. As for the errors regarding
application for a Used Car Dealer License located at 206-212
the address of the subject property being demolished, it is
Leslie and find that as to form is correct• I have caused an
sometimes impossible to get the correct address of a property.
investigation into the premises for which said application for a
As the number of vacant properties increases, the criminal
used car dealer license is being sought and according to the
element present on our streets that frequent vacant properties
attached reports from the Zoning Office, Fire Department and
remove the address identification numbers to make it more
Building Inspections, I find it complies with all regulations and
difficult for the Department of Police to locate the subject
other applicable laws. I have caused an investigation by the
property when answering a call. In areas with higher structure
Police Department into the moral character of Martin
density it will sometimes take the use of a Section and Block
Neurevther. The attached thereto for Martin Neurevther d/b/a
Tax Map and or a Sanborn map to identify these properties.
Crash Automotive & Collision Service. This request is
The audit makes mention that it appears that the time to
submitted for your approval or whatever action you deem
perform a demolition is increasing. When the Department of
appropriate.
Fire summons the Department of Permit and Inspection
REFERRED TO THE COMMITTEE ON LEGISLATION
Services, the fire damaged building is demolished as soon as
humanly possible, in most instances the same day. A licensed
FROM THE COMMISSIONER OF ADMINISTRATION AND
master terminates the sewer and water laterals plumber. The
FINANCE
contractor then is responsible to set up for debris removal,
filling of the area where the building once stood. Once the fill is
placed; the contractor is responsible for grading and sidewalk NO. 28
repairs. The weather effects the time frame for a building to be Request Permission to Auction Vehicles
in compliance with The City of Buffalo Ordinances and is Honorable Body:
approved for a final inspection. During the time of bad weather The Department of Administration & Finance, Division of
it is not possible to perform a final grade of the property or to Purchase is requesting permission from your Honorable Body
install sidewalks. Our Charter and Ordinance states that the to dispose of by means of Public Auction/Salvage the Vehicles
building demolition must be completed within sixty (60) days. listed below. The vehicles are listed by their City Asset number.
The audit states a time frame increase from forty-five (45) days All vehicles are either too costly to repair or have been kept
to sixty-one (61) days. As of this writing we have performed beyond their use.
eighty-seven (87) fire emergency demolitions this calendar B-44 1987 CHEVROLET VAN
year. Over the past four years we have averaged approximately B-26 1981 DODGE VAN
90 demolitions per calendar year. The time frame used for SC-001 1985 GMC BUS
samples by the Department of Audit and Control were the 2002 Mr. Coppola moved
and the budget attached to the contract on pages 4-7 for more
One new position is required for this project; the
details.
That the communication from the Department of Administration
position is for Assistant Program Coordinator. This position will
& Finance, dated October 13, 2004, be received and filed; and
coordinate the project and maintain all financial records
That the Director of Purchase be, and she hereby is authorized
required by the grant. The Assistant Program Coordinator will
to sell to the highest responsible bidder at public auction the
work directly to manage and coordinator the activities of this
vehicles as listed in the above communication.
grant. The position is fully funded for $31,955.00 plus benefits.
PASSED
Kathy Isch, Youth Bureau Director will directly supervise the
AYES - 8 NOES – 0
project and the Assistant Program Coordinator. The match of
only 10% of the total grant requirement is $20,809.00, which
FROM THE COMMISSIONER OF COMMUNITY SERVICES
the Buffalo Police is providing. The salary of Flex Officers who
do the ride along will serve as the match. I have solicited and
No. 29
received preliminary approval from the City Comptroller Office
,Contract Compliance on cob projects
to make available an inter-fund cash loan.
ltem #138,CapitalC.C.P
I look forward to attending the finance Committee on Tuesday
October 5, 2004
to answer any questions about this project. Only 13 cities from
In response to your letter regarding Item #138, former Contract
the State of New York were eligible to receive this funding. It
Compliance Managers, Jimmy Gomes has retired, Modesto
was with much diligence and hard work by our Department of
Candelario took another job, Bonnie Russell is now a
Community Services and our collaborated partners such as
Councilmember, and Arthur O. Eve Jr. does section 3 with
Judge Townsend, Erie County Probation, the county attorney's
Strategic Planning. Therefore, there are no Contract
office, Child and Family services etc. that we received this
Compliance Managers with the Department of Community
award.
Services.
To implement a comprehensive approach for the reduction and
REFERRED TO THE MINORITY BUSINESS ENTERPRISE
prevention of violent crime committed juveniles is a necessity
COMMITTEE
for this great city
RECEIVED AND FILED
NO. 30
INFO YEAR 30 COMMUNITY DEVELOPMENT BLOCK
FROM THE BOARD OF EDUCATION
GRANT REPORT
Dear Mr. Chwalinski:
NO. 32
Attached please find the Year 30 Community Development
A. THOMPSON-INFORMATION CHARTER SCHOOLS"
Block Grant Public Service First Quarter Report.
Item no. Res # 57, C.C.P. September 21, 2004
This is an informational item request from the Council to be
Item no: Res #57, C.C.P. 9/21/2004, "A. Thompson-
filed for the next Common Council Meeting.
information Charter Schools" Res #57 C.C. P September 21,
From: The Commissioner of Community Services
2004"
First Quarter Report Year 30 Community Development Block
The moratorium on Charter School was defeated at the Board
Grant Public Service Attached for your review is the following:
of Education meeting on September 29, 2004.
Narrative Monitoring Reports for each agency; along with
RECEIVED AND FILED
Monthly Delivery Reports for May, June, July 2004.
I will keep the Council informed of any concerns or problems
FROM THE CITY CLERK
we have with the Public Service Agencies and I hope this
information is helpful.
Attached available for review in the City Clerk’s Office
No. 33
REFERRED TO THE COMMITTEE ON COMMUNITY
DOG ENFORCEMENT AGENDA
DEVELOPMENT
This correspondence is to apprise this council as to the Dog
Enforcement Agenda, Phase I "Public
NO. 31
Awareness" conceived out of the Office of the City Clerk
INFO BUFFALOYOUTH IMPACT PROJECT
approximately one (1) month ago. The following is a breakdown
CCP#37,9/21/2004
of activity:
Dear Councilmembers and Mr. Pajak:
Council District Contacts Warnings
Enclosed please find a copy &the proposed grant award
Delaware 187 122
(contract) between the Division of Criminal Justice Services
Ellicott 252 46
(DCJS) and the City of Buffalo along with the respective
Masten 1,110 101
budget. The total project costs are $171,719.00, grant funds
North 446 206
award are $150,910.00 and matching funds of $20,809.00.
University 161 122
The goal of the project is to implement a comprehensive
Dog Licenses Issued (09/20/04-10/14/04) 1,868
approach for the reduction and prevention of violent crime, and
City of Buffalo Revenue (09/20/04-10/14/04) $22,784.85
ensure that youth and young adults are held accountable for
The Dog Enforcement team is currently operating in the
their action in the community. The Buffalo Youth Impact Project
Lovejoy Council District and will be working in the three (3)
(BYIP) will identify 40 high-risk juveniles probationers ages 7-
remaining council districts within the next two- (2) weeks. As
15, who reside in the City of Buffalo. Under the guidelines of
Phase I of the agenda is "Public Awareness"; summonses
this model, 80% to 85% of the youth in this pilot project will
were only issued as a last resort. To date eleven (11)
successfully complete probation and remain arrest free. The
summonses have been issued. Additionally, "warnings" are
Department of probation and the Buffalo Police will select the
being issued with a ten- (10) day notice for compliance.
participants. There will be a subcontract with Child and Family
Finally, in order to effectively implement a Dog Enforcement
Services &Erie County to provide Intensive Family Therapy for
Program a "Animal Control System" software designed to help
the youth and families of the participants and another
manage and create records of all enforcement activities should
subcontract for $1300.00 with the Faith Based Community to
be seriously considered. This software could and should be
provide workshops to the youth. Please review the work plan
integrated with the Dog Licensing software currently used in
notified who can then voice their opinion at a Zoning Board
the Office of the City Clerk. This Proposed software could also
integrate the city's Animal Shelter with the Office of the City
Clerk for seamless enforcement and licensing.
hearing. Once this step is removed from the process, we as
REFERRED TO THE COMMITTEE ON BUDGET
citizens are left without a voice and no further recourse.
Parking pads no only destroy the residential character of a
NO. 34
street but due to the curb cut lose precious street parking for
LIQUOR LICENSE APPLICATIONS
the other neighbors.
Attached hereto are communications from persons applying for
It is also my understanding that this proposed amendment is
liquor licenses from the Erie County Alcohol Beverage Control
being brought to the Council based on the City of Buffalo
Board.
Permit Department’s opinion that are numerous variance
Address Business Name Owner's
requests for parking pads. However, according to Kevin
Name
Galvin, Director of Zoning, these requests are minimal when
1614 Booadway 1614 Broadway Carol
compared to the number of residential properties.
Osuch-DiPirro
I again urge this committee to look at the city landscape and
RECEIVED AND FILED
flavor of our neighborhoods. Do you really want to place a
NO. 35
stamp of approval on this proposed amendment thereby
LEAVES OF ABSENCE WITHOUT PAY
allowing anyone to install a curb cut and park on the front lawn
I transmit herewith notifications received by me, reporting the
of their homes? Is this how you envision Buffalo progressing?
granting of the leaves of absence without pay, in the various
RECEIVED AND FILED
departments as listed:
Police Sheila Bergmann
Fire Christopher Dill
NO. 39
RECEIVED AND FILED.
Real Property Exemption Capital Improvements
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR
No. 36
REVIEW
Notices of Appointments - Council Interns
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
I transmit herewith appointments to the position of Council
CORPORATION COUNSEL AND THE COMMISSIONER OF
Intern.
ASSESSMENT
Mr. Coppola moved the approval of the appointments to the
position of Council Intern.
NO. 40
ADOPTED.
Prescription Drug Prices
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR
CERTIFICATE OF APPOINTMENT
REVIEW
Appointment Effective: October 5, 2004
REFERRED TO THE COMMITTEE ON BUDGET AND THE
in the Department of Common Council to the Position of Intern
COMMISSIONER OF HUMAN RESOURCES
I
Seasonal, Non-Competitive at the Flat Starting Salary of
NO. 41
$7.00/hr
Sampling of 911 Calls to Frank's Bar, 256 Allen Street, in
Terrylin Hudson, 473 South Division, Buffalo, NY 14204
2003
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
As per your request during the October 12, 2004 legislation
committee meeting, the Days Park Block Club respectfully
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND
submits the following sampling of911 calls to Frank's Bar, 256
REMONSTRANCES
Allen Street, in 2003. This sampling is derived from a larger list
NON-OFFICIAL COMMUNICATIONS
of911 calls to Allen Street establishments in the course of
2003.
The calls are referenced on page one of the September I, 2004
NO. 37
letter from the Days Park Block Club to Common Council
members regarding the club's opposition to the application for a
THE MAYOR – MANAGER CONUNDRUM
patio license submitted by the bar's owners to the City of
Buffalo. In the letter, the club notes that "A review of 911 calls
COPY AVAILABLE IN THE CITY CLERKS OFFICE
made in. the course of 2003 to the premises of Frank's Bar
FOR REVIEW
includes the following suspected crimes listed on. the call
REFERRED TO THE COMMITTEE ON LEGISLATION
sheets: larceny, criminal mischief, fighting, assault, mad an
incident involving a knife, in addition to calls regarding other
NO. 38
customer problems."
Proposed Zoning Amendment, Chapter 511 Section 8
This information should be verifiable upon comparison with
It is my understanding that a proposed zoning amendment, 511
official 911 call sheets from that period. Please note that the
section 8 2(f) Parking pads in the front yard or side street side
first two numbers reflect the year, the next three numbers the
yards, is coming before the Council Legislative Committee for
day of the year, and the last four numbers the number of the
approval on October 12, 2004.
call for the day. The final column reflects the disposition of the
On behalf of the Parkside Community Association, I urge your
matter:
committee to deny this amendment. The Parkside Community
031700142 Criminal Mischief Disposition
Association is opposed to any parking pad being installed in the
Unknown
Parkside neighborhood. The Parkside neighborhood is listed
031700535 Larceny Disposition Unknown
on the National Register of Historic Places for its Landscape
031660882 Loud Music CO
Design. Parking pads and subsequent curb cuts alter this
031630070 Fight RPT
design. We are fortunate to have Zoning Board involved with
031250807 Assault ARR
this process so when a variance is requested neighbors are
031221031 Customer RPT express to you our deep disappointment in the City of Buffalo's
031221099 Customer ADV
031490118 Knife AST
031440489 Larceny RPT
delay and failure to properly adhere to their agreement with us
031420067 Fight ADV
in regards to our church lot on a timely basis.
030880189 Sus Veb. ARR
Enclosed you will find copies of the property exchange
030211031 IP TAG
agreement between the City of Buffalo and Word of Faith
Please let me know if you require any additional information.
Church. We had an existing parking lot that well served our
REFERRED TO THE COMMITTEE ON LEGISLATION
purposes. Then the City informed us that it needed our space
but would provide us with a comparable lot.
NO. 42
After the exchange of the land, the City began to inform us of
MINUTES OF MEETING
various requirements such as the need for a drain, an architect
EBAY HOUSING SCAMS FLIPPING
to draw plans for the lot that required special and specific
Please file the attached Minutes that were presented to the
landscaping and fence design on this small lot. Our original lot
Committee on Community Development by Harvey Garrett,
was paved with a chain linked fence. Now they tell us that we
WCC/Housing Court Liaison for the Niagara District on
are required to have heavy aluminum fencing and not a chain
Wednesday, October 13, 2004 in response to Item #29.
linked fence.
Please refer to the CD Committee..
In 2001, initial approvals for the lot passed with paving cost of
COPY AVAILABLE IN THE CITY CLERKS OFFICE
$15,564.00 (without a drain). We did not receive payment from
FOR REVIEW
the City until this year in 2004. Unfortunately, costs of materials
REFERRED TO THE COMMITTEE ON COMMUNITY
and labor have dramatically increased since 2001, therefore
DEVELOPMENT
leaving us in a bind. We resubmitted new estimates and plans
to the City including the extra work that the City required to
NO. 43
complete the lot.
FIRE/EMS IMPLEMENTATION TASK FORCE
The following are the lowest new cost estimates for the lot
MMA REPORT
work: $23,677.00 for paving, 1,500.00 for the architect,
I received your letter dated October 6, 2004 regarding your
1,180.00 for landscaping, and 11,548.00 for the heavy
resolution titled,
aluminum 4-foot fence. The total cost for the comparable lot is
"Unacceptable Delay in Appointing a Fire Commissioner.
$37,905.00, with the City of Buffalo owing Word of Faith
Thank you for taking the
Church the remaining amount of $22,341.00. It has been long
time to talk with me earlier this week regarding the status
of
overdue. Work is in progress and contractors need to be paid.
related to the Fire
issues
Thank you for your immediate consideration in this matter.
Department and the Fire/EMS Implementation Task Force's
REFERRED TO THE COMMITTEE ON COMMUNITY
work. We look forward to a
DEVELOMENT AND THE DIRECTOR OF REALESTATE
future opportunity to bring you and the Common Council up to
date on the status of
NO. 45
progress and barriers '
DONATE PARCEL OF LAND TO CITY
Report, to Implementation of the recommendations contained in
I am the owner of a vacant lot located at 21 B Street in the
the MMA
city of Buffalo and l would like to donate it to the city. All of the
Much work has occurred since the Mayor charged us with the
taxes are current and always have been dining my tenure as
responsibility to prioritize the recommendations and then to
owner. I recently spoke with Ms. Bruna Michaux of the office of
mobilize City and community resources towards
Assessment and Taxation and I am aware that the adjacent
implementation of the MMA Report.
property, 29 B Street, is assessed to the City of Buffalo and
Many of the recommendations in the MMA Report require new
there may he some development in that area in the future.
direction and new leadership in the Fire Department. Casey
Kindly refer this to the proper sources for action,
Czamara leads the Management & Organization Subcommittee
I greatly appreciate the consideration of the Common Council,
of the Task Force. That Subcommittee was asked by the Mayor
the Council president, your office and any others who
to complete a Search Process to identify possible candidates
participate in this matter. I look forward to hearing from the
for the Commissioner Position. A national search identified over
appropriate personnel should you have questions I may be
30 local and national persons the position. The
interested in
reached AT : 688-4929 any time.
Search Committee interviewed some 7 people and presented
REFERRED TO THE COMMITTEE ON COMMUNITY
several names to the Mayor in late spring of this year. We
DEVELOPMENT, THE OFFICE OF STRATEGIC
share your concern at the delay in and both met
appointment
PLANNING, THE CORPORATION COUNSEL AND THE
with the Mayor and sent the attached letter dated August 19,
COMMISSIONER OF ASSESSMENT
2004.
Following your submission of this resolution, it would appear
No. 46
that our collective concerns have resulted in the Mayor
Structures & Adult Leagues
concurring with our sense of urgency. With another leadership
Please be advised that all recreation instructors are
position opening as Deputy Margaret Keane retires, work is
permitted to conduct organized recreation activities (leagues) in
proceeding on identifying a management team to move forward
your centers providing every child is allowed to participate and
on the many fronts required to achieve the desired results of
other areas of your center are not neglected or unsupervised.
reengineering the Fire Department. The MMA Report continues
This policy is limited to age groups 6 to 20 years of age. Also,
to serve as our blueprint
during organized activities, recreation staff only is permitted to
REFERRED TO THE COMMITTEE ON LEGISLATION
operate any electrical equipment, including but not limited to the
scoreboard.
NO. 44
Finally, adult leagues are permitted in recreation centers
LAND EXCHANGE
providing the following conditions are met:
JEFFERSON AVE LIBRARY
1. Permit application must be submitted & approved.
As pastor of the Word of Faith Church, it is my responsibility to
2. Adult leagues will be permitted only if space & time is
available. This will be determined by recreation staff
schedules.
That Communication 5, October 5, 2004 be received and
3. Adult leagues must submit proper insurance coverage &
filed and the Temporary appointment &Gloria Schiavone stated
approved by County Law Department.
above at the maximum salary of $40,772 effective on June 10,
4. No recreation staff participation.
2004 is hereby approved.
5. Adult leagues must supply their own methods of keeping
PASSED
time & score.
AYES - 8 - NOES - 0
Thank you and if you have any concerns regarding this memo,
please do not hesitate to call me.
NO. 53
REFERRED TO THE COMMITTEE ON COMMUNITY
Appt Chief Pumping Plant Engineer (Prov)(Max)(PW)
DEVELOPMENT
(CCP# 19, 10/05)
That Communication 19, October 5, 2004 be received and
NO. 47
filed and the Provisional appointment of Michael Wolasz stated
INFO – ASSEMBLY BILL A1969
above at the maximum salary of $44,009 effective on
SENATE BILL S1035
September 27, 2004 is hereby approved.
While wishing you and the Common Council well in
PASSED
your endeavor regarding Assembly Bill #A 1969, and Senate
AYES - 8 - NOES - 0
Bill #S 1035, the undersigned has no official position in this
matter.
NO. 54
RECEIVED AND FILED
Appt Streets Dispatcher (Perm)(Max)(PW)
(CCP# 20, 10/05)
PETITIONS
That Communication 20, October 5, 2004 be received and
filed and the Permanent appointment of Philip Sbriglia stated
NO. 48
above at the maximum salary of $31,838 effective on
D. MIKA AGENT
September 29, 2004 is hereby approved.
115 ASH STREET
PASSED
The attached is for Common Council Approval; but per
AYES - 8 - NOES - 0
Permits, no public hearing is required.
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY
PLANNING BOARD AND CORPORATION COUNSEL.
NO. 55
Appt Detective Seargant (Max)(Pol)
NO. 49
(CCP# 22,10/5)
D. MIKA AGENT
That the above item be and the same hereby is Received and
2141 DELAWARE AVE
Filed
The attached is for Common Council Approval; but per
ADOPTED
Permits, no public hearing is required.
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY
NO. 56
PLANNING BOARD AND CORPORATION COUNSEL.
Appts Police Lieutenant (Perm)(Max)(Pol)
(CCP# 23,10/5)
NO. 50
That the above item be and the same hereby is Received and
OPPOSE MICHIGAN AVE FROM
Filed
1-WAY TO 2-WAY TRAFFIC
ADOPTED
We the Citizens of Buffalo New York and residents of Michigan
Ave protest the changing of Michigan Ave from a one way to a
NO. 57
two way. We request a fair hearing and a study done on the
Appt Police Lieutenant (Cont Perm)(Max)(Pol)
effects it will have on our neighborhood. Out of 45 homes on
(CCP# 24,10/5)
our street 37 are owner occupied between Glenwood an Best
That the above item be and the same hereby is Received and
St. We have two separate housing units between Best St and
Filed ADOPTED
North St and they also don't want the change. Attached is a
petition singed by 95% of the residents off Michigan Ave and
we all protest this change and are asking your help.
NO. 60
REFERRED TO THE COMMITTEE ON LERGISLATION
Notices of Appointments Temp Prov Perm
AND THE COMMISSIONER OF PUBLIC WORKS
(CCP# 46,10/5)
That the above item be and the same hereby is Received and
Regular Committees
Filed
ADOPTED
CIVIL SERVICE
(Bonnie E. Russell, Chairperson)
FINANCE
BRIAN C. DAVIS CHAIRMAN
NO. 51
Budget & Personnel Amendment Comptroller
NO. 61
That the above item be and the same hereby is Approved.
VAR INFO 911 CALLS, OPEN CONTAINER LAW, PKG
PASSED
TICKETS, JT PROB POLICE PATROLS(POL) (CCP# 70,
AYES - 8 - NOES - 0
9/7)
That the above item be and the same hereby is Received and
NO. 52
Filed
Appt Senior Auditor(Temp)(Max)(Compt)
ADOPTED
(CCP# 5, 10/05)
NO. 62 York State Department of Criminal Services to fund the Buffalo
T. BIONDOLILLO-COMM CHARTER SCHOOLS REQ Youth Impact Project, totaling $171,719.00. Authorized the
PURCHASE-SCH #63 CAMPUS NORTH (CCP# 110, 9/7) Comptroller to provide an interfund cash loan for all non-
That the above item be and the same hereby is Received and personnel items, totaling $150,910.00 to operate the program,
Filed until such reimbursement is secured from the State
ADOPTED Department of Criminal Justice Services.
PASSED
NO. 63 AYES - 8 NOES - 0
D. HIPCHEN & O REQ PROMPT DEMO 382 MARYLAND
ST (CCP# 60, 5/13) (CEP# 101,10/28) NO. 70
That the above item be and the same hereby is Received and REFUND OF EXCESS TAXES - BUFFALO VILLAGE
Filed ASSOCIATES (ITEM NO. 92, C.C.P., SEPT. 21, 2004) (ITEM
ADOPTED NO. 25, C.C.P., OCT. 5, 2004)
That the Comptroller be authorized to issue a check in the
NO. 64 amount of $6,608.89 payable to Buffalo Village Associates,
382 MARYLAND - DEMOLITION representing the City's share of refund of excess real property
(ITEM NO. 51, C.C.P., MAR. 2, 2004) tax payments for tax years 2003-04.
That the above item be, and the same hereby is returned to PASSED
the Common Council without recommendation. AYES - 8 NOES – 0
Mr. Davis moved
That the above-mentioned item be and the same is hereby NO. 71
recommitted to the Committee on Finance. PERMISSION TO SELL OBSOLETE VEHICLES AT
Mr. Davis moved that the above item be recommitted to the AUCTION
Committee on Finance. (ITEM NO. 34, C.C.P., OCT. 5, 2004)
ADOPTED That the Director of Purchase be, and she hereby is
authorized to sell to the highest responsible bidder at public
NO. 65 auction the vehicles as listed in the above communication.
CHAIRMAN AYES – BONIFACIO, COPPOLA, DAVIS, FRANCZYK,
TOWNE GARDENS, LTD. - WATER SERVICE AT 225 GOLOMBEK, GRIFFIN, RUSSELL - 7 NOES – FONTANA - 1
HICKORY STREET
(ITEM NO. 96, C.C.P, JULY 22, 2003) NO. 72
That the above item be, and the same hereby is returned to the ABATEMENT OF ACCOUNTS RECEIVABLE INVOICES
Common Council without recommendation. AND DEMOLITION INVOICES FROM MUNIS
Mr. Davis Moved: (ITEM NO. 31, C.C.P., OCT. 5, 2004)
That the above-mentioned item be and the same is hereby That the above item be, and the same hereby is returned to
recommitted to the Committee on Finance. the Common Council without recommendation.
ADOPTED Mr. Davis moved:
That the Comptroller be and he hereby is authorized to abate
NO. 66 from MUNIS all uncollectable accounts receivable invoices and
ACQ OF JN ADAM CTR WATER FACILITIES uncollectable demolition invoices previously submitted to the
PERRYSBURG NY (LAW) Common Council for consideration in 2003 with the exception
(CCP# 78, 9/07) of those invoices that have outstanding issues.
That the above item be and the same hereby is Received and PASSED
Filed AYES - 8 NOES - 0
ADOPTED
NO. 73
NO. 67 ABATEMENT OF ACCOUNTS RECEIVABLE INVOICES
JN ADAM DEV CTR PERRYSBURG NY REQ RELEASE OF FROM MUNIS
REVERSIONARY INT(LAW) (ITEM NO. 39, C.C.P., MAR. 30, 2004)
(ITEM NO. 79, C.C.P., OCT. 5, 2004)
That the above item be, and the same hereby is returned to
(CCP# 40,03/16)
the Common Council without recommendation.
That the above item be and the same hereby is Received and
Mr. Davis moved:
Filed
That the Commissioner of Administration and Finance be, and
ADOPTED
he hereby is authorized to abate the list of uncollectable
accounts receivable invoices for the accounts listed attached to
NO. 68
Item No. 39, C.C.P., March 30, 2004.
B. DAVIS-J. BORMAN, ETC-CMTS PUB HRG ADDR
PASSED
HRG/SVS-VERIZON (55,3/30) (CCP# 112, APR 13, 2004)
AYES - 8 - NOES - 0
That the above item be and the same hereby is Received and
Filed
NO. 74
ADOPTED
ABATEMENT OF ACCOUNTS RECEIVABLE INVOICES
FROM MUNIS (TREAS)
NO. 69
(ITEM NO. 36, C.C.P., JUNE 22, 2004)
CHAIRMAN
(ITEM NO. 80, C.C.P., OCT. 5, 2004)
BUFFALO YOUTH IMPACT PROJECT
That the above item be, and the same hereby is returned to the
(ITEM NO. 37, C.C.P., SEPT. 21, 2004)
Common Council without recommendation.
That the Department of Community Services, Youth Bureau
Mr. Davis moved that the above-mentioned item be and the
be, and he hereby is authorized to accept a grant from the New
same is hereby Approved
PASSED
AYES - 8 NOES - 0
resolution be referred to the appropriate Council Committee
until such time as the Council deems it no longer needed to
LEGISLATION
have before them.
(RICHARD A. FONTANA, CHAIRMAN)
ADOPTED
NO. 75
NO. 80
R. HARPER, PETITION TO USE 1672 CLINTON STREET -
REQ LOC LAW PARTIAL COLL OF RE TAXES BY DEPT
SIGN (ITEM NO. 67, C.C.P., OCT. 5, 2004)
OF ASSESS/TAX
That the above item be, and the same hereby is returned to
(CCP# 172, SEPT 21, 2004)
the Common Council without recommendation.
That the above item be and the same hereby is Received and
Mr. Fontana moved:
Filed
That after the public hearing before the Committee on
ADOPTED
Legislation on
October 12, 2004, the petition of R. Harper, agent, for
NO. 81
permission to use 1672 Clinton for a sign be, and hereby is
REQ LOC LAW PARTIAL COIL OF REAL PROPERTY
approved.
TAXES ASSESS/TAX
PASSED
(CCP# 16, SEPT 21, 2004)
AYES – BONIFACIO, COPPOLA, DAVIS, FONTANA,
That the above item be and the same hereby is Received and
GOLOMBEK, RUSSELL - 6 NOES – FRANCZYK, GRIFFIN -
Filed
2
ADOPTED
NO. 76
NO. 82
B. YUNKE-=LIBERTY TAXI SVS-INFO-TAXI INS IN
REQ LOC LAW PARTIAL COLL OF REAL
BUFFALO
PROPERTY(A&F)
(CCP# 59, NOV 12, 2004)
(CCP# 35, OCT 5, 2004)
That the above item be and the same hereby is Received and
That the above item be and the same hereby is Received and
Filed
Filed
ADOPTED
ADOPTED
NO. 77
NO. 83
AMENDMENT PROPOSAL LL EST POSITION OF
VAR PUB BOXES ON CITY ROW
HOMELAND SEC OFFICER
(CCP# 123, MAR 16, 2004)
(CCP# 171, SEPT 21, 2004)
That the above item be and the same hereby is Received and
That the above item be and the same hereby is Received and
Filed
Filed
ADOPTED
ADOPTED
NO. 78
NO. 84
MANDATORY SPAY/NEUTERING FOR IMPOUNDED
VAR PUB BOXES ON CITY ROW(PERMITS/INSP)
DOGS
(CCP# 36, MAR 30, 2004)
(ITEM NO. 148, C.C.P., SEPT. 7, 2004)
That the above item be and the same hereby is Received and
That the Common Council of the City of Buffalo request the
Filed
following changes to the appropriate City Ordinance are made:
ADOPTED
For all dogs, five months or older, impounded/secured by the
NO. 85
City Animal Shelter regardless of the reason, the City of Buffalo
VAR PUB BOXES ON CITY ROW(PW)
mandates the spaying/neutering of the dog before it is returned
(CCP# 20, JUNE 8, 2004)
to it's owner or adopted; and
That the above item be and the same hereby is Received and
The owner of the dog shall cover the cost of spaying or
Filed
neutering. If the owner does not wish to spay or neuter the dog,
ADOPTED
they shall be required to pay a $250.00 fee; and
Proof of ownership to include but not be limited to a NYS dog
NO. 86
license, (valid or not), Veterinarian/Medical records, pet store
P. SEAMAN-CAO-REQ APP TO INSTALL TRANSIT STG
proof of dog purchase, and county rabies clinic certificate; and
UNITS WASTE MGMT
If ownership cannot be proved, the dog shall follow the
(CCP# 53, JUNE 8, 2004)
procedures set up by the City Animal Shelter for an abandoned
That the above item be and the same hereby is Received and
dog; and
Filed
That the Common Council of the City of Buffalo does hereby
ADOPTED
request the Law Department prepare the appropriate ordinance
NO. 87
and fee schedule to reflect the above information and file it with
USED CAR DEALER - 550 SENECA STREET
the Common Council as soon as possible for their review; and
(ITEM NO. 88, C.C.P., SEPT. 7, 2004)
That this Honorable does hereby request that this resolution be
That the above item be, and the same hereby is returned to
referred to the appropriate Council Committee until such time
the Common Council without recommendation.
as the Council deems it no longer needed to have before them.
Mr. Fontana moved:
That pursuant to Chapter 254 of the City Code, the
NO. 79
Commissioner of Permit & Inspection Services be, and he
MANDATORY SPAY/NEUTERING FOR IMPOUNDED
hereby is authorized to grant a Used Car Dealer License to
DOGS
John Rodeghiero, d/b/a Buses Unlimited Inc. located at 550
(ITEM NO. 169, C.C.P., SEPT. 21, 2004)
Seneca Street
That this Honorable does hereby request that this
PASSED
AYES - 8 NOES - 0 NO. 96
J. BUMS-DEPT OF STATE CH#680 OF LAWS OF
NO. 88 2002REPORTING OF WILD ANIMALS
PARKING RESTRICTIONS LOVEJOY STG'BTWN GREEN (CCP# 45, SEPT 21, 2004)
ST & BAILEY AVE)(LAW) That the above item be and the same hereby is Received and
(CCP# 79, SEPT 7, 2004) Filed
That the above item be and the same hereby is Received and ADOPTED
Filed
ADOPTED NO. 97
M. COPPOLA-REQ DENIAL OF PROPOSED CHANGE TO
NO. 89 CH 511 SECTION 8 OF ZONING
T. COATES-REQ TO SPEAK AT COUNCIL MTG-(CCP# 47, OCT 5, 2004)
CONCEMS SEWER LINE That the above item be and the same hereby is Received and
(CCP# 78, JULY 20, 2004) Filed
That the above item be and the same hereby is Received and ADOPTED
Filed
ADOPTED NO. 98
BUS SHELTER - WITHIN CITY RIGHT-OF-WAY
NO. 90 (ITEM NO. 11, C.C.P., OCT. 5, 2004)
T. COATES- INVESTIGATE 347-351 That the Commissioner of Public Works, Parks and Streets
MASSACHUSETTS(BSA) be, and he hereby is authorized to issue a "mere license" to the
(CCP# 42, OCT 5, 2004) Niagara Frontier Transportation Authority, to install one bus
That the above item be and the same hereby is Received and shelter, which would encroach city right-of-way at Elmwood
Filed Avenue; east side of street, approximately 70' north of Bryant
ADOPTED Street, subject to the following conditions:
That the applicant obtains any and all other City of Buffalo
NO. 91 permits necessary for said installation.
OFFICE OF TELECOMMUNICATIONS-ANNUAL RPT(PW) That the bus shelter be installed exactly as shown on plans
(CCP# 52, JULY 20, 2004) submitted to and approved by the Department of Permit and
That the above item be and the same hereby is Received and Inspection Services.
Filed That the applicant be responsible for maintaining the bus
ADOPTED shelter as long as it remains within the City right-of-way.
That the applicant supply the Department of Public Works,
NO. 92 Parks and Streets with a five thousand dollar ($5,000.00)
APPT REAPPOINT MEMBERS PUBLIC COLLECTION construction in street bond or certificate of insurance which will
BOARD OF APPEALS(MAYOR) indemnify and save harmless the City of Buffalo against any
(CCP# 1, SEPT 21, 2004) and all loss or damage arising out of the construction,
That the above item be and the same hereby is Received and maintenance, use and removal of said bus shelters.
Filed PASSED
ADOPTED AYES – 8 NOES - 0
NO. 93 NO. 99
REVIEW OF APPTS BFLO COLLECTION BD OF $2.00 CONVENIENCE CHARGE FOR WEB PAYMENTS
APPEALS(A&F) (ITEM NO. 33, C.C.P., OCT. 5, 2004)
(CCP# 36, OCT 5, 2004) That the Common Council of the City of Buffalo does hereby
That the above item be and the same hereby is Received and request the Law Department prepare the appropriate ordinance
Filed and fee schedule to reflect the $2.00 charge for the
ADOPTED convenience of paying via the website and file it with the
Common Council for their review.
NO. 94 PASSED
RE-APPOINTMENT MEMBERS TO THE BUFFALO AYES - 8 NOES – 0
PRESERVATION BOARD
(ITEM NO. 2, C.C.P., SEPT. 21, 2004) NO. 100
That the re-appointment as members to the Buffalo B. DAVIS-M. SIMPSON-DAYS PARK BLOCK CLUB'S
Preservation Board of John M. Laping, FAIA residing at 1088 POSITION RE 256 ALLEN
Delaware Avenue; of Sam Gurney, residing at 772 Potomac (CCP# 50, OCT 5, 2004)
Avenue; of Paul Carroll, residing at 39 Park Street for terms That the above item be and the same hereby is Received and
commencing on August 31, 2004 and expiring August 31, Filed
2007 be, and they hereby are approved. ADOPTED
PASSED
AYES - 8 NOES - 0 NO. 101
G. GREENAN-NYS ALCOHOL BEV CONTROL/NFO 256
NO. 95 ALLEN ST
ENFORCEMENT OF NOISE ORDINANCES(POL) (CCP# 52 OCT 5, 2004)
(CCP# 33, SEPT 21, 2004) That the above item be and the same hereby is Received and
That the above item be and the same hereby is Received and Filed
Filed ADOPTED
ADOPTED COMMUNITY DEVELOPMENT
(JOSEPH GOLOMBEK JR., CHAIRMAN) - If you were to travel 22 mph from this lot to Engine
36 you make the trip in 30 seconds or less, without signals. It's
NO. 102 a very viable location.
TRANSFER OF 575 DELAWARE AVENUE Biggest concern is traffic on the comer of Elmwood and Hertel.
(ITEM NO. 125, C.C.P., OCT. 5, 2004) specifically coming out of the firehouse as proposed at 860
Hertel Avenue.
That the above item be, and the same hereby is returned to the Location will affect response time, and seconds count
Common Council without recommendation. when responding.
Exchange and Transfer of Land 860 Hertel Ave and 575 The City should do whatever it takes to obtain the best possible
Delaware Ave Buffalo Urban Renewal Agency and Benderson location for this firehouse.
Development Inc (CCP# 125,10/05/2004) Giving up $1,000 a month in rent.
That the above item be and the same is returned to the Why were the fire fighters of Engine 36 not asked about the
Common Council without recommendation. traffic problems at Elmwood and Hertel? As well as asked
RECOMMENDED BY THE COMMITTEE ON LEGISLATION. about the problems at Great Arrow & Elmwood using the light
A public hearing has been set, before the Common Council on trip system?
the above item, and a Notice of same has been published in the Neighborhood is not convinced that is location will work.
Buffalo News, a copy of which is attached hereto. Mr. Golombek moved that the above item be recommitted to the
On a motion by Mr. Coppola , seconded by Mr. FontanaCommittee on Community Development.
, the item is properly before the Common ADOPTED
Council, and the hearing is opened,
CARRIED NO. 103
Appearances - RESULT NEG ACQ OF 860 HERTEL PROPOSED FIRE
Margaret Szczepaniec HOUSE (STRAT PLAN)
Grant Picilico CCP# 8 9/21/2004
Timothy Weiman That the above Item be returned to the Common Council
Kimberly Brennan without recommendation.
Mr. Coppola now moved that the hearing be closed. Seconded Mr. Golombek moved that the above item be recommitted to the
by Mr. Golombek Committee on Community Development.
CARRIED. ADOPTED
Concerns with the swapping of property for the potential new
firehouse, NO. 104
October 19, 2004 TRANSFER OF 860 HERTEL AND 575 DELAWARE
I would like to express the extreme disappointment that is felt AVENUE (BURA)
by the community and the Black Rock Good Neighbors (ITEM NO. 3, C.C.P., OCT. 5, 2004)
Planning Alliance (BBRGNPA) that we were not asked to That the above item be, and the same hereby is returned to
participate in the planning process of the consolidation of the Common Council without recommendation.
Engine 36 and Ladder 12. This is a major issue which affects Mr. Golombek moved that the above item be recommitted to the
our community. The BRRGNPA has approximately 150 Committee on Community Development.
members, with 60 active members which is a good ADOPTED
representation of the cross population in Black Boek and
Riverside. Our focus is long term and short term planning. NO. 105
The BBRGNPA is not opposed to the consolidation of the BUFFALO ECONOMIC RENAISSANCE CORPORATION
firehouses, we are opposed to any location which is on the east LOAN PROGRAMS (ITEM NO. 114, C.C.P., JUNE 22, 2004)
side of Elmwood Avenue. That this Common Council requests the Buffalo Economic
• Questions regarding the swapping of property. Renaissance Corporation (BERC) prepare and submit to this
860 Hertel Avenue (currently owned by Benderson) $61,800 Council a report detailing all outreach and marketing strategies
current assessed value currently being employed by BERC, and any future strategies
575 Delaware Ave (currently owned by BURA) $174,000 that could be utilized, such as, i.e. hosting weekly or monthly
current assessed value shows on cable access to market BERC to the general public,
$112,200 difference in favor of Benderson but there is a I and
0 year easement which will be given to the City That the BERC file a report with the Common Council within
of Buffalo one month detailing the above-referenced request; and
- 10 years life of easement A copy of this resolution be forwarded to the BERC.
11,220 value per year ADOPTED
12 months per year
$ 935 per month the easement is valued at based on property NO. 106
value + 1.000 loss of monthly income which BURA currently G. CARLSON-NYSDOH-PROP REFUSE TRANSFER
receives. $1,950 total monthly value the City would loose if the STATION ON THE STEELFIELDS
exchange (CCP# 114, SEPT 7, 2004)
were to be made. That the above item be and the same hereby is Received and
* The City owns a very under utilized lot at 641 Hertel Filed
Avenue. ADOPTED
- Assessed value is $23,500.
- Built for businesses on Hertel Avenue - all NO. 107
closed with the exception H. MORSE-GREATER BFLO/NIAG REG TRANS.
of a small law practice. Parking in front of business is always COUNCIL-TOLLING IN BFLO METRO AREA
available. (CCP# 129, SEPT 7, 2004)
- Next to District D police station -create a safety That the above item be and the same hereby is Received and
complex Filed
ADOPTED BY MR. COPPOLA
PUBIC SAFETY DISPATCHERS
NO. 108 The City of Buffalo and the County of Erie are currently
DIRECT CORP COUNSEL-COMMENCE LEG. ACTION-negotiating a merger of services that will incorporate various
ST departments and employees in the area of public safety
WATERFRONT LAND(EXC 1RES) (CCP# 146, APR 13,
dispatch and management information services; and
2004)
While these discussions are ongoing, the administration should
That the above item be and the same hereby is Received and
report back to the Common Council the status relative to the
Filed
merger of services, as well as, the transferring of employees
ADOPTED
from on government entity to the other.
Now therefore be it resolved that:
The Mayor, and/or his designee report back to the Common
NO. 109
Council the rationale for the proposed merger and what
REQ NFTA TO REMM WATERFROM PROPE~Y BACK TO
benefits will be derived from it; and
ND
COB(EXC 2RES) (CCP# 133, FEB 3, 2004)
Be it further resolved that:
That the above item be and the same hereby is Received and
The report include a status report on any effects this merger
Filed
will have on the City's collective bargaining agreements with the
ADOPTED
unions and what, if any, negotiations have taken place with
them respectively; and
NO. 110
Be it further resolved that:
REQ NFTA TO RETURN WATERFRONT PROPERTY
What approvals will be necessary in order to execute the
(LAW)
merger, including the City of Buffalo, the County of Erie, and
(CCP# 26, FEB 17, 2004)
the State of New York; and
That the above item be and the same hereby is Received and
Be it further resolved that:
Filed
The report is filed with the City Clerk no later than 2:00 PM
ADOPTED
Thursday, October 28, 2004; and
Be it finally resolved that:
NO. 111
This resolution is referred t~ the Council's Committee On
J. GOLOMBEK-RESPONSE TO NFTA WATERFRONT
Legislation for further consideration.
LAND
REFERRED TO THE COMMITTEE ON BUDGET, THE
(CCP# 48, APR 27, 2004)
COMMISSIONER OF ADMINISTRATION AND FINANCE,
That the above item be and the same hereby is Received and
THE COMMISSIONER OF POLICE AND THE
Filed
COMMISSIONER OF FIRE
ADOPTED
NO. 116
NO. 112
SPONSOR: MR. COPPOLA
M. MITSKOVSKI-BFLO WEST SIDE ENV DEFENSE FUND
STATUS OF HUD HOME FUNDING
OPPOSE PEACE BRIDGE PLAN FOR EXP TRUCK
Last year HUD rejected the city's request for $6 million in
TRAFFIC
HOME funds and withheld another $1.5 million in unspent
(CCP# 53, OCT 5, 2004)
money set aside for a housing project on the East Side; and
That the above item be and the same hereby is Received and
HUD has requested that $3 million for three city projects be
Filed
returned due to inappropriate use of the funds; and
ADOPTED
Whereas: The three projects in question are:
RESOLUTIONS
NO. 113
BY MR. COPPOLA
1. School 62 on Urban Street in which $1.2 million was spent
APPOINT MARRIAGE OFFICER
without any visible work to show for the expenditure of funds.
Pursuant to Chapter 49 of the laws of New York(1988) which
HUD and The FBI are investigating the expenditure of these
allow a governing body the right to appoint one or more
dollars. Timothy Wanamaker from the Office of Strategic
Marriage Officers, who have the authority to soleminize
Planning was quoted by channel 4 as saying "The money isn't
marriages, I am requesting the appointment of Patrick Sole Jr
missing. We know we spent the money. The work is missing.
whose appointment as a Marriage Officer shall expire at the
The result of that work is missing."
end of the four year appointment.
2) $1 million spent on converting the Sidway Building into
ADOPTED
apartments must be paid back to HUD.
3) Money spent on converting School 42 on Grant Street into
NO. 114
housing must be paid back to HUD.
BY: MR. COPPOLA
The Council as the legislative and appropriating body for the
EXCUSE COUNEILMEMBER THOMPSON FROM
city should be made aware of why these funds need to be paid
COUNCIL MEETING ON OCTOBER 19, 2004
back to HUD; what arrangements are being made to pay back
Whereas: Antoine M. Thompson, Masten District
these funds and what steps are being taken to prevent similar
Councilmember requests permission to be excused from the
problems from occurring in the future; and
October 19, 2004, meeting of the Buffalo Common Council;
Now Therefore Be It Resolved:
Now, Therefore, Be It Resolved:
That Office of Strategic Planning provide a copy of HUD's
That the Common Council of the City of Buffalo excuses
review completed in 2003 and 2004, regarding the city's use of
Antoine M. Thompson, Masten District Councilmember from
HOME funds to the Council.
the October 19, 2004, meeting of the Buffalo Common Council.
Be It Further Resolved:
ADOPTED
That the Office of Strategic Planning provide a copy of their
NO. 115
plan as requested by and submitted to HUD addressing the
problem of HOME funds with the Council. REFERRED TO THE COMMITTEE ON LEGISLATION
Be It Finally Resolved:
That this item be referred to an appropriate Committee of the NO. 119
Council. BY: MR. FONTANA:
ST
ADOPT 1 AND 2nd RESOLVE THE 3rd REFERRED TO ORDINANCE AMENDMENT CHAPTER 78, ANIMALS
THE COMMETTE COMMUNITY DEVELOPMENT The Common Council of the City of Buffalo does hereby ordain
as follows: That the Code of the City of Buffalo be amended to
NO. 117 read as follows:
BY: BRIAN C. DAVIS §78-14. Proof of ownership required for redemption.
PERMISSION TO HANG CHRISTMAS DECORATION Before any dog is redeemed from such pound, the
WITHIN THE CHIPPEWA Commissioner of Street Sanitation shall require proper and
ENTERTAINMENT DISTRICT sufficient proof [of the ownership of said dog'] that the
The Chippewa Entertainment Organization continues to work individual redeeming the don is the owner of record of said dog.
regularly on improvements to Chippewa Entertainment District It is hereby certified pursuant to Section 3-19 of the Charter of
area to include Chippewa Street, Delaware Avenue and the City of Buffalo, that the immediate passage of the foregoing
Franklin Street; and ordinance is necessary.
Representatives from the Chippewa Entertainment APPROVED AS TO FORM
Organization have requested permission to temporarily install Michael B. Risman
Christmas decorations in three (3) locations across Chippewa Corporation Counsel
Street and on several light poles on Delaware Avenue, Matter in brackets to be deleted, matter underlined is new.
Chippewa Street and Franklin Street from November 15, 2004 REFERRED TO THE COMMITTEE ON LEGISLATION
through January 31, 2005 in celebration of the holiday season;
and NO. 120
The decorations to be installed will be three (3) New England BY: MR. FONTANA:
Pine Wreathed Cross Street Decorations that will be forty (40) ORDINANCE AMENDMENT CHAPTER 78, ANIMALS
feet in length and will feature one three (3) foot wreath with The Common Council of the City of Buffalo does hereby ordain
lights, berries and custom bows; as follows:
In addition to the three (3) New England Pine Wreaths, the That the Code of the City of Buffalo be amended to read as
Chippewa Entertainment District would like to hang 16 New follows:
England pine Pole Decorations on light poles on Chippewa §78-26, Notice of violation (summons).
Street, five (5) decorations on Delaware Avenue, and two (2) A. The notice of violation (summons) shall contain
decorations on Franklin Street. information advising the person charged of the manner and the
Now Therefore Be Resolved That: time in which he may plead either guilty or not guilty to the
This Common Council grants permission to the Chippewa violation alleged in the notice. Such notice of violation
Entertainment District to hang decorations in celebration of the (summons) shall also contain a warning to advise the person
Christmas Holiday on Chippewa Street, Franklin Street and charged that failure to plead in the manner and time provided
Delaware Avenue from November 15, 2004 until January 31, shall be deemed an admission of liability and that a default
2005, providing that permission is granted from any building judgment may be entered thereon. The form and wording of the
owner in which the decorations will be attached to that building; notice of violation (summons) shall be prescribed by the
and Director. A duplicate of each notice of violations (summons)
Be It Finally Resolved That: shall be served on the person charged in the manner
All decorations meet the requirements of all pertinent City hereinafter provided. The original or a facsimile thereof shall be
Departments and that no existing laws or ordinances are filed and retained by the Bureau and shall be deemed a record
violated. kept in the ordinary course of business and shall be prima facie
ADOPTED evidence of the facts contained therein.
B A notice of violation (summons) shall be served personally
NO. 118 upon the owner of a dog who is present at the time of service,
BY: MR. FONTANA and his name and address, together with the description of the
ORDINANCE .AMENDMENT CHAPTER 78~ ANIMALS dog and its license number, if any, shall be inserted therein.
The Common Council of the City of Buffalo does hereby ordain Any person of suitable age and discretion may accept such
as follows: notice of violation on behalf of the owner upon properly
That the Code of the City of Buffalo be amended to read as identifying themselves, providing the name and address of the
follows: owner, an executive affidavit acknowledging personal liability to
§78-12. Seizure, redemption periods and impoundment fees. prosecution for any false or misleading statements made in
The seizure of dogs, the redemption periods and the regard to the ownership of the dog. In such case, the name and
impoundment fees shall be governed by Article 7 of the address of the alleged owner shall be entered on the notice of
Agriculture and Markets Law of the State of New York and as violation (summons) long with the other required information.
provided in Chapter 175, Fees. Notwithstanding the foregoing, For the purposes of this Article, any person having the
the City of Buffalo shall maintain a redemption period of no less temporary custody of a dog with the express or implied
than three days, except that, where notice to the owner offered permission of the owner shall be deemed to be the agent of
is given by mail, the redemption period shall be no less than such owner to receive notice of violation (summons), and
seven days. service made on such person as herein provided shall be
It is hereby certified pursuant W Section 3-19,0~the Charter of deemed to be lawful service upon such owner.
the City of Buffalo, that the immediate passage of the foregoing C. No dog seized for a violation may be released to any
9gdinance is necessary. person unless such person has accepted notice of the violation
APPROVED AS TO FORM either as owner of record or as agent of the owner of record
Michael B. Risman and has complied with all other applicable requirements of law.
Corporation Counsel D. Service of notice of violation by mail shall constitute valid
Matter underlined is new. service. If service is made by mail, the extension of time
mandated by the Agriculture and Markets Law shall apply. (c) In the case of special policemen required for duty on public
Service by mad shall addressed to the owner of record or the property or at a City building, they may be appointed on their
owner of the dog. When service by mail is addressed to the own application. Such special policemen will not be entitled to
owner of the dog, reasonable efforts shall be made to ascertain any compensation from the city.
the full name of such owner. I~ after reasonable effort, the (d) The applicant shall be required to file with the
name of the owner has not been ascertained, then notice may Commissioner of Police proof of general liability insurance to
be sent addressed to the "owner of the dog described herein," defend and indemnify the City of Buffalo against all claims
with a full description of such dog entered on the face of the relating in any way to any acts done or omitted by such special
notice of violation. policemen. Such certificates of insurance must be approved as
It is hereby certified pursuant to Section 3-19 of the Charter of to form and amount by the Corporation Counsel and City
the City of Buffalo, that the immediate passage of the foregoing Comptroller.
Ordinance is necessary. (e) The special policemen may be removed by the
APPROVED AS TO FORM Commissioner at any time at his or her pleasure, and shall be
Michael B. Risman subiect to, the orders, rules and regulations of the police
Corporation Counsel department.
NOTE: Matter underlined is new. (t) Such special police shall at all times perform services on a
REFERRED TO THE COMMITTEE ON LEGISLATION volunteer basis and shall not be considered employees, agents,
servants and/or employees of the City of Buffalo.
NO. 121 APPROVED AS TO FORM
BY MR. FONTANA Corporation Council
ORDINANCE AMENDMENT CHAPTER 78, ANIMALS Matter in brackets to be deleted, matter underlined is
The Common Council of the City of Buffalo does hereby ordain new.
as follows: REFERRED TO THE COMMITTEE ON LEGISLATION
That the Code of the City of Buffalo be amended to read as
follows: NO. 123
§78-29, Hearings BY: MR. DAVIS
A. The provisions set forth in §307-12 of Chapter 307 DISCHARGE FINANCE COMMITTEE ITEM
apply fully to violations of dog control laws shall be considered "BCAR MANAGEMENT AGREEMENT (PKG. BD.)"
as though fully set forth and restated in this section. (ITEM #5, C.C.P. JUNE 8, 2004)
B. Upon the filing of a dangerous dog complaint in Whereas: The above item is currently in the Finance
Buffalo City Court regarding a dog seized by a dog control Committee; and
officer, the Buffalo Animal Shelter may hold said dog in its Whereas: It is no longer necessary for this item to be
custody pending the outcome of a dangerous dog, hearing considered by that committee;
pursuant to Argiculture and Markets Law 121. or determination Now, Therefore Be It Resolved That:
by the Buffalo City Court regarding the dangerousness of This Common Council does hereby discharge the Finance
C. The Buffalo Animal Shelter may charge the owner of Committee from further consideration of the above listed item
record a fee in the amount of$11.00 (eleven dollars) per day. and said item is now before the Common Council for its
per dog held in custody consideration.
pending the outcome of a dan2erous dog complaint and/or Brian C. Davis
dangerous dog hearing by a Buffalo City Court Judge. ADOPT DISCHARGE
It is hereby certified pursuant to Section 3-19 of the Charter of RECEIVED AND FILED
the City of Buffalo, that the immediate passage of the foregoing
ordinance is necessary. NO. 124
APPROVED AS TO FORM BY: MR. DAVIS
Michael B. Risman RE: DISCHARGE FINANCE COMMITTEE ITEM
Corporation Counsel "BFLO. CIVIC AUTO RAMPS-EXT. OF MGMT. AGREE-
Matter underlined is 12/31/04 (PKG. BD.)"
new. (ITEM #6, C.C.P. JULY 6, 2004)
REFERRED TO THE COMMITTEE ON LEGISLATION Whereas: The above item is currently in the Finance
Committee; and
NO. 122 Whereas: It is no longer necessary for this item to be
BY: MR. FONTANA & MR. GRIFFIN: considered by that committee;
ORDINANCE AMENDMENT ARTICLE 13, DEPARTMENT Now, Therefore Be It Resolved That:
OF POLICE This Common Council does hereby discharge the Finance
The Common Council of the City of Buffalo does hereby ordain Committee from further consideration of the above listed item
as follows: and said item is now before the Common Council for its
That Code of the City of Buffalo be amended to read as follows: consideration.
Section 13-20, Buffalo Special Police Officers Brian C. Davis
Special Police ADOPT DISCHARGE
(1) The commissioner of police, on application of the Common RECEIVED AND FILED
Council or any person or corporation showing the necessity
therefor may appoint special policemen to do special duty NO. 125
required by the applicant provided that the person to be BY: MR. DAVIS
appointed submits proof of: DISCHARGE FINANCE COMMITTEE ITEM
A physical or other examination, acceptable to and approved by "B. DAVIS-R. KNOER-PKG. MGMT. AGEE-PUB. BIDDING
the commissioner of police; OF CONTRACT REQ."
His training to discharge his duties, specifying his knowledge, (ITEM #47, C.C.P. JUNE 8, 2004)
experience and ability to handle firearms, acceptable to and Whereas: The above item is currently in the Finance
approved by the commissioner of police. Committee; and
Whereas: It is no longer necessary for this item to
be considered by that committee;
"A. THOMPSON-LIVING WAGE COMM. (BD. OF PKG.)"
Now, Therefore Be It Resolved That:
(ITEM #2, C.C.P. JULY 20, 2004)
This Common Council does hereby discharge the Finance
Whereas: The above item is currently in the Finance
Committee from further consideration of the above listed item
Committee; and
and said item is now before the Common Council for its
Whereas: It is no longer necessary for this item to
consideration.
be considered by that committee;
Brian C. Davis
Now, Therefore Be It Resolved That:
ADOPT DISCHARGE
This Common Council does hereby discharge the Finance
RECEIVED AND FILED
Committee from further consideration of the above listed item
and said item is now before the Common Council for its
NO. 126
consideration.
BY: MR. DAVIS
Brian C. Davis
RE: DISCHARGE FINANCE COMMITTEE ITEM
ADOPT DISCHARGE
"B. DAVIS-T. RUGGIERO-REQ. TO BID ON GARAGES
RECEIVED AND FILED
OPERATED BY BCAR(#54, 5/25)"
(ITEM #96, C.C.P. JULY 6, 2004)
NO. 130
Whereas: The above item is currently in the Finance
SPONSOR: MR. FRANCZYK
Committee; and
CO-SPONORS: MR. BONIFACIO, MR. COPPOLA
Whereas: It is no longer necessary for this item to
AND MR. DAVIS
be considered by that committee;
RE: GOVERNMENT ASSOC. SUPPORT FOR METRO RAIL
Now, Therefore Be It Resolved That:
WHEREAS: The Common Council is currently considering a
This Common Council does hereby discharge the Finance
resolution by Council Member Antoine Thompson in favor of
Committee from further consideration of the above listed item
the expansion of the Light Rail Transit system; and
and said item is now before the Common Council for its
WHEREAS: The Citizens Regional Transit Corporation
consideration.
(CRTC), has recently presented a resolution to the Association
ADOPT DISCHARGE
of Erie County Governments to sponsor a resolution in support
RECEIVED AND FILED
of the expansion of the rapid rail system; and
WHEREAS: Investment in Metro Rail expansion provides
NO. 127
numerous jobs both during construction and in permanent
BY: MR. DAVIS
operation, resulting in economic development opportunities for
RE: DISCHARGE FINANCE COMMITTEE ITEM
both commercial and residential growth; and
"B. DAVIS-STANDARD PARKING-MANAGED BY BCAR"
WHEREAS: The light rail system expansion would also give
(ITEM #73, C.C.P. JULY 20, 2004)
city residents greater access to those jobs which have left the
Whereas: The above item is currently in the Finance
city and relocated to the suburbs, as well as benefit
Committee; and
suburbanites; and
Whereas: It is no longer necessary for this item to
WHEREAS: The Federal government continues to support
be considered by that committee;
construction of light rail systems throughout the country, but
Now, Therefore Be It Resolved That:
the NFTA Board of Commissioners in 1992 decided to seek no
This Common Council does hereby discharge the Finance
Federal monies for expansion, making Metro Rail the only light
Committee from further consideration of the above listed item
rail system in North America which has not expanded; and
and said item is now before the Common Council for its
WHEREAS: The NFTA has apparently been unwilling to plan
consideration.
to expand Metro Rail because they have not been given a
Brian C. Davis
commitment for funding the operation and maintenance of the
ADOPT DISCHARGE
local system. It is equally important that the burden for
RECEIVED AND FILED
operating and maintaining the expanded Light Rail system not
be shouldered by local government, but rather should be borne
NO. 128
by federal, state and NFTA subsidy;
BY: MR. DAVIS
NOW THEREFORE BE IT RESOLVED:
RE: DISCHARGE FINANCE COMMITTEE ITEM
That the Common Council, which has previously expressed
"B. DAVIS-LIVING WAGE COMM.-NEW BIDDING FOR
support for the Light Rail system, requests the Association of
PARKING CONTRACTS"
Erie County Governments approve a resolution calling for an
(ITEM #71, C.C.P. JULY 20, 2004)
expansion of the Metro Rail system, preferably to the airport in
Whereas: The above item is currently in the Finance
Cheektowaga;
Committee; and
BE IT FURTHER RESOLVED:
Whereas: It is no longer necessary for this item to
That the Association of Erie County Governments urge Erie
be considered by that committee;
County, the Niagara Frontier Transportation Authority (NFTA),
Now, Therefore Be It Resolved That:
and the New York State Department of Transportation (DOT)
This Common Council does hereby discharge the Finance
to formally request and lobby for federal and state funding to
Committee from further consideration of the above listed item
subsidize the operations and maintenance of any Metro Rail
and said item is now before the Common Council for its
extensions as they are built;
consideration.
BE IT FINALLY RESOLVED:
ADOPT DISCHARGE
That the City Clerk's Office send certified copies of the request
RECEIVED AND FILED
by the Common Council for the Association of Erie County
Governments to lobby for local funding for the expansion and
NO. 129
maintenance of the Light Rail system be forwarded to Governor
BY: MR. DAVIS
Pataki, State Legislature local delegation, NYSDOT
RE: DISCHARGE FINANCE COMMITTEE ITEM
Commissioner Joseph Boardman, Erie County Executive
Giambra, NFTA Board of Commissioners Chairman Luiz F. during the year; and,
Kahl and to each municipal legislative body in Erie County. WHEREAS: The current product lines available to the
ADOPTED Purchasing Alliance include office supplies, office furniture,
computers, technology products, office machines, electrical
NO. 131 products, carpeting, janitorial supplies, playground equipment
BY MR. FRANCZYK and more; and,
RECONSTITUTE SOLID WASTE ADVISORY BOARD WHEREAS: a national advisory board of government
WHEREAS: Chapter 216-61 states that the city shall have a purchasing professionals ensures that the program offers only
Solid Waste Advisory Board that advises the Commissioner of products from the highest quality manufacturers and there is
Public Works, Parks and Streets on policies regarding the no fee to participate in the consortium, no minimal purchasing
city's collection of and disposal of solid waste and recycling; requirement; and,
and, WHEREAS: New York State is currently only one of two states
WHEREAS: The board was duly constituted in1997, but since in the union not to participate in the purchasing consortium due
that time members other than the elected officials and the to lack of express authority granted in the New York State
Commissioner (of Streets at the time), have had their terms constitution; and,
expire without any reappointments being made. There have WHEREAS: Although local governments within New York
been some unofficial meetings of the Advisory Board consider State may form local purchasing alliances, Section 103 of the
the expiration of most of the member's terms, but there have general municipal law outlines a strict criteria for Purchasing
been no meetings in nearly a year; and, goods through a competitive bidding process, with the lowest
WHEREAS: The Board has in the past examined many issues responsible bidder chosen; and,
that are of concern to city residents such as collection and WHEREAS: New York State Senator Meier has recently filed
disposal of leaves, pay-as-you throw pricing of the user fee and an amendment to general municipal law which would allow New
the privatization of recycling collection; and, York State local government to choose to opt into the U.S.
WHEREAS: These issues and germane new issues will need Communities Government Purchasing Alliance. The Meier bill,
continued Board oversight; and, which maintains the competitive bidding section, adds a new
WHEREAS: The composition of the Board per Chapter 216-61 subdivision to Section 103, l-b, which states, in part, "When the
is 11 members: officer.., of any political subdivision determines that it is in the
Commissioner to be Chair (1); best interest of the unit, they may utilize authorized contracts
Five electors from the city to be appointed by the Mayor (5); for the purchase of supplies, materials, or equipment from any
The President to the Common Council or designee (1); person on entity contracted to furnish the apparatus, supplies,
Three electors from the city appointed by the Common Council material or equipment to... any state of local agency or political
(3); The Comptroller of the city of designee (1). subdivision (in New York State) thereof..."; and,
NOW THEREFORE BE IT RESOLVED: That the Common NOW THEREFORE BE IT RESOLVED: That the Common
Council supports the reconstitution of the Solid Waste Advisory Council investigate the viability of Buffalo joining the U.S.
Board; Communities Purchasing Alliance; and,
BE IT FURTHER RESOLVED: That the Council appoint its BE IT FURHTER RESOLVED: That the Common Council
five citizen members to the Solid Waste Advisory Board. memorializes the passage of Senator Meier's bill 7152
ADOPTED amending general municipal law giving the City of Buffalo the
flexibility of joining the U.S. Communities Purchasing Alliance,
NO. 132 should such an association lower costs and provide a benefit to
BY: MR. FRANCZYK the City of Buffalo; and,
CO-SPONSORS: MR. FONTANABE IT FINALLY RESOLVED: That the Common Council ask
RE: SAVE MONEY THROUGH PURCHASING ALLIANCE for comment on the U.S. Communities Purchasing Alliance
WHEREAS: In the era of a state-imposed fiscal control from New York State Comptroller Alan Hevesi and invite the
board, reduced budgets and revenue shortfalls, cities across Commissioner of Administration and Finance and the Director
the country are benefiting from the U.S. Communities of the Purchase Division to discuss the viability of joining the
Government Purchasing Alliance, a national cooperative U.S. Communities Government Purchasing Alliance to reduce
purchasing program that offers significant savings on a variety costs to the city.
NDST
of products and supplies used by government at all levels; and, ADOPT 2 AND 3rd RESOLVE THE 1 RESOLVE TO THE
WHEREAS: Sponsored by the National League of Cities, the COMMITTEE ON BUDGET
U.S. Communities Government Purchasing Alliance is an
instrumentality of government that allows cities, counties and
schools to piggyback on national contracts bid competitively by
NO. 133
other local governments; and,
WHEREAS: In effect, Buffalo could reduce spending through
Mr. Griffin
better pricing made possible by the aggregate purchasing
Empire Zone Benefits Should Be Public
power of public agencies and local government nationwide;
Information
and,
Whereas: The Empire State Development Corporation provides
WHEREAS: In the 2004-2005 approved city budget, the city
a variety of assistance to businesses located within an Empire
allocated $5,336,478.44 for a variety of supplies and products,
Zone; and
from automotive and office supplies to other materials and
Whereas: The assistance provided by the Empire State
equipment. The city also approved a budget allocation of
Development Corporation involves tax credits, exemptions, and
$1,787,000 for vehicle purchase and $788,744.00 for other
reductions, which furthers the burden on all taxpayers and as
equipment. The approved city budget allocates a grand total of
such the benefits provided should be public information; and
$7,913,222.44 for purchasing material and equipment; and,
Whereas: Businesses that receive Empire Zone benefits are
WHEREAS: Nearly, 7,000 public agencies have participated in
required to complete a Business Annual Report, which
the program to date. In 2004, local governments nationwide are
documents what tax credits, exemptions and reductions a
expected to spend nearly $500 million on products within the
business has received; and
program and save an estimated $50 million on purchasing
Whereas: The Buffalo News is one of the companies that has revitalization identified in the City's Comprehensive Plan, the
recently received Empire Zone benefits; and CARE (Commercial Area Revitalization Effort) program and the
Whereas: When a request was made to receive a copy of the Mayor's Livable Communities Initiative which uses the targeted
Buffalo News 2003 Business Annual Report, the information approach in designated neighborhoods known as
regarding benefits received was blacked out (see attached); Comprehensive Code Enforcement Areas (CCE); and
and Whereas: Street Synergy Community Association's "Better on
Whereas: The justification provided by the Buffalo Economic Bailey" project meets the test of targeted revitalization as it
Renaissance Corporation for not providing all of the information focuses on the Bailey Avenue commercial strip between
is an advisory opinion by the State of New York Department of LaSalle and Kensington Avenues. This proposal will improve
State Committee On Open Government dated August 15, 2001 the quality of life for surrounding residents through the
and due to the Tax Secrecy Provision in which it is a violation to utilization of the Facade Renovation and Streetscape
provide tax credit information on an individual taxpayer; and Enhancement Programs; and
Whereas: The opinion of the State Committee On Open Whereas: Street Synergy Community Association's
Government states that an agency may withhold records that collaborative spirit will bring business owners, residents and
are trade secrets or are obtained from a business which if the University of Buffalo's Urban Design Project together to
disclosed would cause "substantial injury to the competitive ensure improved buildings meet the partnership's goal of
position" of the business; and neighborhood revitalization. Street Synergy has the capacity,
Whereas: A business can only suffer competitive injury if creativity and commitment to the community to successfully
information is of value to its competitors; Buffalo is a one manage program delivery in a systematic approach.
newspaper city, the Buffalo News is a monopoly without any Now, Therefore, Be It Resolved: the Common Council of the
competitors; and City of Buffalo enthusiastically endorses the application for the
Whereas: Secrecy in providing financial assistance at taxpayer Elmwood Commercial District Rehabilitation Program and calls
expenses only breeds trouble in accountability; and upon the State of New York to give every consideration to
Whereas: In fact a recent report by the New York State funding this very worthy submission to the
New York State
Comptroller regarding Empire Zone benefits revealed many
program; and
Main Street
accountability problems with the program such as many
Finally, Be it Resolved: That certified copies of this resolution
businesses not completing Annual Reports as required and
be sent to the NYS Western New York Delegation, the Speaker
businesses not producing the number of jobs promised; and
of the NYS Assembly and the NYS Senate Majority and
Whereas: If a business wants to receive public benefits then
Minority Leaders..
that information should be available to the public, which will
ADOPTED
also help in monitoring the abuses brought to light by the State
Comptroller; and
NO. 135
Whereas: Newspapers as an institution value bringing
information to the public and as such the Buffalo News should
RESOLUTION
release to the public what benefits they have received under the
By: Mrs. Russell
Empire Zone program.
Re: Discharge Item from the Civil Service Committee -
Now Therefore Be It Resolved:
Whereas: No 136, CCP Oct 5, 2004, "Budget/Pers.
That the Common Council supports the public release of
Amendment-Admin & Fin" is currently before the Civil Service
benefits received by corporations through the Empire Zone
Committee and
program.
Whereas: It is no longer necessary for this item to be
Be It Further Resolved:
considered by that committee;
That the Common Council requests our WNY State Delegation
Now, Therefore, Be It Resolved That:
to explore changes in state law which may be necessary to
This Common Council does hereby discharge the Civil Service
provide for the public release of Empire Zone benefits and that
Committee from further consideration of No 136, CCP Oct 5,
the City Clerk forward certified copies of this resolution to
2004, "Budget/Pers. Amendment-Admin & Fin," and said item
members of the WNY State Delegation.
is now before the Council.
ADOPTED
ADOPT DISCHARGE APPROVE
PASSED
AYES 8 NOES -0
NO. 134
No. 136
By: Mrs. Russell
Resolution
Street Synergy Community Association, Inc.'s "Better on
Mr. Thompson, Mr. Davis
Bailey" application to the New York State Main Street
Request to Dissolve the Water Board
Program
Whereas: Because no mechanism currently exists to regulate
Whereas: The State of New York recently unveiled a new $20
decisions made by the water board, property owners
million New York Main Street grant program to help revitalize
throughout the City of Buffalo and the Western New York
communities through building renovations, downtown business
region have been and will likely continue to be held hostage by
or cultural anchors and streetseape enhancements ancillary to
water rate increases and other decisions made by the water
other program activities; and
board; and
Whereas: Directed by the State Housing Trust Fund
Whereas: Within the past year alone, the water board has
Corporation and the Division of Housing and Community
taken action to increase water rates by a overwhelming 38%;
Renewal, this program will fund up to $200,000 on a
and
competitive, reimbursement basis to not-for-profits that will
Whereas: Making matters worse, the water board has recently
serve as Local Program Administrators and in turn administer
taken additional action to raise rates even further in the coming
local grant programs along eligible commercial corridors; and
year; and
Whereas: The Office of Strategic Planning welcomes this new
Whereas: Although there are other methods to reduce gaps in
State funding source as it strengthens the goals and actions for
the water board's budget, such as selling water to other towns
and villages surrounding Erie County, the water board has Committee on Finance Tues. Oct 26, 2004 at 10:00 am
consistently refused to implement or even consider such Following Civil Service
options; and Committee on Legislation Tues. Oct. 26, 2004 at 2:00 pm
Whereas: In such difficult financial times, the water board Committee on Comm Dev Wed Oct 27, 2004 at 10:30 am
should be willing to explore and take any and all actions that Committee on Education Wed Oct 27,2004 at 2:00 pm
could potentially generate additional funding for the City of SPECIAL COMMITTES
Buffalo; and Taxi Cab & Livery Ad Hoc Committee Thur Oct 21, 2004
Whereas: Such a tyrannical board must be dealt with swiftly At 10:00 am in Room 1417 City Hall
and aggressively lest we want the above-listed action to Bi-National Bridge Thurs Oct 21,2004
continue in the future; at 2:00 pm in Room 1417 City Hall
Now Be It Therefore Resolved That: Budget Committee Thurs Oct 28,2004
Pursuant to requests from residents of the City of Buffalo of At 10:00 am in Room 1417 City Hall
Erie County, the Common Council does hereby advocate for (Public Disclaimer): All meetings are subject to change and
the dissolution of the Water Board and the removal of all cancellation by the respective Chairmen of Council
decision-making power from this body. Committees. In the event that there is sufficient time given for
Be It Further Resolved That: notification, it will be provided. In addition, there may be
Certified copies of this resolution be forwarded to Anthony meetings set up whereby the City Clerk’s Office is not made
Masiello, Mayor of Buffalo, the Erie County Legislature, the aware: therefore, unless we receive notice from the respective
New York State Legislature, and the Western New York State Chairmen, we can only make notification of what we are made
aware.
Total 3
No. 140
Delegation, Joseph Bruno, Majority Leader of the New York
ADJOURNMENT
State Senate, Sheldon Silver, Speaker of the New York State
On a motion by Mr. Coppola, Seconded by Mrs. Russell, the
Assembly, David Patterson, Minority Leader of the New York
Council Adjourned at 3:40 pm
State Senate.
REFERRED TO TH COMMITTEE ON LEGISALTION AND
THE CORPORATION COUNSEL
NO. 137
BY: ANTOINE THOMPSON
APPOINTMENTS
COMMISSIONER OF DEEDS
That the following persons are hereby appointed as
Commissioner of Deeds for the term ending December 31,
2004, conditional, upon the person so appointed certifying
under oath to their qualifications and filing same with the City
Clerk:
Lydia Fernandez
Albert Steele
Tracy Caldarella
TOTAL 3
ADOPTED
NO. 138
BY: ANTOINE THOMPSON
APPOINTMENTS
COMMISSIONER F DEEDS
REQUIRED FOR THE PROPER
PERFOMANCE OF PUBLIC DUTIES
That the following persons are hereby appointed as
Commissioner of Deeds for the term ending December 31,
2004, conditional, upon the person so appointed certifying
under oath to their qualifications and filing same with the City
Clerk:
Rosemary Evans
Jean Stachelski
Joseph Trimper Jr
Ralph Hernandez
Total 4
ADOPTED
NO. 139
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in
th
the Common Council Chambers, 13 floor City Hall, Buffalo,
New York, unless otherwise noted.
REGULAR COMMITTEES
Committee on Civil Service Tues. Oct 26, 2004 at 9:30 am