HomeMy WebLinkAbout04-1005
No. 18
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
October 5, 2004
MAYOR
Hon. Anthony M. Masiello
ACTING COMPTROLLER
Andrew Sanfilippo
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
FILLMORE DISTRICT
David A. Franczyk
PRESIDENT PRO TEMPORE
UNIVERSITY DISTRICT
Bonnie E. Russell
MAJORITY LEADER
DELAWARE DISTRICT
Marc A. Coppola
DISTRICT COUNCIL MEMBERS
BRIAN C. DAVIS - ELLICOTT
RICHARD A. FONTANA - LOVEJOY
ANTOINE M. THOMPSON - MASTEN
DOMINIC J. BONIFACIO Jr. - NIAGARA
JOSEPH GOLOMBEK JR. - NORTH
JAMES D. GRIFFIN - SOUTH
REGULAR COMMITTEES
RULES COMMITTEE: David A. Franczyk, Chairman
CIVIL SERVICE COMMITTEE: Bonnie E. Russell Marc A. Coppola, Bonnie E. Russell - Members
Chairman, Brian C. Davis, Joseph Golombek Jr., Richard A.
Fontana-Members
CLAIMS COMMITTEE: James D. Griffin, Chairman, SPECIAL COMMITTEES
Richard A. Fontana, Joseph Golombek,Jr., Antoine M. BUDGET COMMITTEE:Dominic J. Bonifacio, Jr.,
Thompson - Members Chairman, Marc A. Coppola, Brian C. Davis, Joseph
Golombek, Jr. - Members
COMMUNITY DEVELOPMENT COMMITTEE: Joseph
Golombek, Jr. Chairman, Dominic J. Bonifacio Jr., Bonnie E. MINORITY BUSINESS ENTERPRISE COMMITTEE-
Russell, Antoine M. Thompson - Members Antoine M. Thompson, Chairman Brian C. Davis, James D.
Griffin
FINANCE COMMITTEE: Brian C. Davis, Chairman,
Dominic J. Bonifacio, Jr., Marc A. Coppola, James D. Griffin
- Members.
EDUCATION COMMITTEE: Antoine M.
Thompson, Chairman, Richard A. Fontana, David a.
LEGISLATION COMMITTEE: Richard A. Fontana,
Franczyk, Bonnie E. Russell - Members
Chairman, Dominic J. Bonifacio Jr., Marc A. Coppola,
Bonnie E. Russell - Members
CORPORATION PROCEEDINGS
near the corner of Elmwood, as a preferred site. 860
COMMON COUNCIL Hertel Avenue, a 34,800 square foot vacant lot, is
CITY HALL - BUFFALO owned by the Benderson Development Company, Inc.
TUESDAY, OCTOBER 5, 2004 The Buffalo Urban Renewal Agency owns a parking lot
AT 2:00 P.M. at 575 Delaware Avenue, consisting of 17,400 square
feet, that is leased to Benderson Development. Mr.
PRESENT – David A. Franczyk, President of the Rex Burgher of Benderson has offered to exchange
Council, and and Council Members Bonifacio, 860 Hertel for 575 Delaware Avenue.
Coppola, Davis, Fontana, Golombek, Russell and Internal discussions between the Office of Strategic
Thompson – 9. Planning and BURA has produced the following
recommendations:
ABSENT - NONE 1 .BURA will transfer 575 Delaware Avenue to
Benderson with the consideration being clear and
On a motion by Mr. Coppola seconded by marketable title to 860 Hertel Avenue and the retention
Mr.Fontana, the minutes of the stated meeting held of a ten (10) year public parking easement at night time
on September 21, 2004 were approved. at 575 Delaware Avenue.
2.The City, will acquire 860 Hertel Avenue from BURA
FROM THE MAYOR for its' fair market value of $85,000.00 (based 3n an
appraisal prepared by GAR Associates).
No. 1 3.The City at its own cost and expense will conduct
environmental review of the 860 Hertel Avenue site
Appointment of Member to the prior to the transfer from Benderson to BURA.
Buffalo Environmental Management Commission In accordance with State Environmental Quality Review
Pursuant to the powers vested in me by Section 18-51 (SEQR), of the State Environmental Conservation Law,
of the Charter of the City of Buffalo, as amended, I we have prepared for Common Council consideration,
hereby appoint the following individual as a member of as lead agency, a draft Negative Declaration Notice of
the Buffalo Environmental Management Commission Determination of Non-Significance which is attached.
for a term commencing immediately and will expire Please be advised that in accordance with the
.
provisions of Article 15A of the General Municipal Law,
February 16, 2005Appointment
it is now necessary for your Honorable Body to set a
Kevin m. Matheis 156 Prospect Ave Buffalo, 14201
date for a public hearing and to direct the public of a
Kevin Matheis is currently a On Scene
notice of said hearing. In the interest of time and
Coordinator/Environmental Scientist for the U.S. EPA
anticipating that Your Honorable Body is willing to
Region 2 Buffalo Field Office, a position he has held
expedite this matter, I have taken the liberty to prepare
since 1990. He previously served as a Field Analyst
a Resolution together with a Notice of Public Hearing
with CWM Chemical Services located in Model City,
for your action to consider the following:
NY.
The transfer of 575 Delaware Avenue from BURA to
Mr. Matheis received his B.S. degree in Geosciences
Benderson Development Inc. for One Dollar ($1.00)
from the State University College at Buffalo.
and other considerations. The other considerations are
Mr. Matheis is being appointed to fill the vacancy
the transfer of title to 860 Hertel Avenue from
created by the resignation of Cynthia A. Schwartz.
Benderson Development to BURA for One Dollar
RECEIVED AND FILED
($1.00) and a ten (10) year public parking easement at
575 D laware Avenue.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
Upon vesting of title to 860 Hertel Avenue in BURA,
BURA shall than be authorized to transfer title to the
FROM THE BUFFALO PRESERVATION BOARD
City of Buffalo for Eighty Five Thousand Dollars
($85,000.00).
No. 2
Forwarded separately are the following documents:
PREVENT ILLEGAL DEMOLITIONS
1. Resolution setting Public Hearing
#178 CCP 09/21/2004
2. Notice of Public Hearing
At it meeting on September 23,2004, the Buffalo
3. Resolution approving proposed exchange
Preservation Board unanimously endorsed the above
After the Public Hearing is held, Your Honorable Body
captioned resolution which states the Common Council
may adopt a Negative Declaration and then adopt a
will work towards establishing a set of penalties for
Resolution authorizing the acquisition of 860 Hertel by
illicit/illegal demolitions in the City of Buffalo that will
BURA and the disposition of 575 Delaware to
make property owners fearful of circumventing the
Benderson Development, Inc. pursuant to the above
system that has been established to protect our
stated terms.
architectural heritage.
REFERRED TO THE COMMITTEE ON COMMUNITY
If you have any questions, please contact Thomas .
DEVELOPMENT
Marchese, Executive Secretary, at 851-5029
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 4
Results of Negotiations
N0. 3
31 Roehrer, 261.56 S Dodge Lot Size: 33'x110'
Approval of Acquisition of 860 Hertel Avenue and
32 Wohlers, 305.32 N Best
Disposition of 575 Delaware Avenue
Lot Size: 33' x 11O'
Proposed Firehouse
The Office of Strategic Planning, Division of Real Estate
Item No. 11, CCP 7/20/04
has received a request from Mr. Solomon Myree, Sr.,
The City of Buffalo is in the process of acquiring sites
548 Riley Street, Buffalo, New York 14208, to purchase
for the construction of new firehouses in various parts
a
the abovecaptioned vacant lots. Mr. Myree owns
of the City. The City has identified860 HertelAvenue,
garage at 26 Wohlers and adjacent lots at 25 and 29
Roehrer. He would like to acquire 31 Roehrer and 32 $650 be transferred and reappropriated within Common
Wohlers, which are also adjacent lots and use for Council Legislative, as set forth below
additional green space.From:
The Division of Permit and Inspection Services and the Legislative – Personal Services
Division of Collections have no objections to the sale. 10102001-412002 Hourly Salary $650
There are no building code violations, taxes or other To:
liens owed to the City by the purchaser. Common Council Legislative
The Division of Real Estate has investigated the sale of 10110004-458001 Transportation
similar residential properties in the subject area. Sales 10110004-458002 Meals/Lodging $650
prices range from twenty-nine cents (.29) to forty cents RECEIVED AND FILED
(.40) per square foot.
The results of our negotiations are that Mr. Myree has NO. 7
agreed to a sales price of two thousand five hundred Certificate of Necessity
dollars ($2,500), thirty-five cents (.35) per square foot, Transfer of FundS
for the subject properties. He has also agreed to pay Common Council - Legislative
for the cost of the transfer tax, recording fees and cost
of the legal descriptions. We, Anthony M. Masiello, Mayor and Andrew A.
I am recommending that Your Honorable Body approve SanFilippo, Comptroller, do hereby certify, pursuant
the sale of 31 Roehrer and 32 Wohlers to Mr. Solomon to §20-12 of the Charter, that it is necessary that the
Myree, Sr. in the amount of two thousand five hundred sum of $25,000 be transferred and reappropriated
dollars ($2,500). 1 am further recommending that the within Common Council Legislative, as set forth below:
Corporation Counsel prepare the necessary documents From:
for the transfer of title and that the Mayor be authorized Common Council
to execute the same. Legislative - Personal Services
Mr. Coppola Moved: 10111001-411001 Annual Salaries
That the above communication from the Office of $25,000
Strategic Planning, Division of Real Estate, dated To:
September 29, 2004, be received and filed; and Common Council Legislative
That the offer from Mr. Solomon Myree, Sr., residing at 10102001- 412002 Hourly Salary
548 Riley Street, in the sum of two thousand and five $25,000
hundred dollars ($2,500.00) for the purchase of 31 RECEIVED AND FILED
Roehrer and 32 Wohlers, be and hereby is accepted;
and NO. 8
That the appraisal requested by the City of Buffalo shall Interfund Loan
be paid by the purchaser; and Massachusetts Parks Project Imp 2002
That the transfer tax, recording fees and cost of legal In the past, the City has provided interfund loans
description shall be paid by the purchaser; and from the City General Fund to The City, Board and
That the Corporation Counsel be authorized to prepare Enterprise Capital Projects Funds to implement
the necessary documents for the transfer of title and financing of the Capital Improvements Budget. The
that the Mayor be authorized to execute the same, in interfund loans are repaid when the Bond Anticipation
accordance with the terms of sale upon which the offer Notes or Bonds are issued to finance these projects.
was submitted. As of today, there are no requests for money to finance
Passed projects and we will not reenter the bond market at this
AYES - 8 - NOES – 1 time.
AYES – BONIFACIO, COPPOLA, DAVIS, FRANCZYK, The Administration has requested that you approve an
GOLOMBEK, GRIFFIN, RUSSELL, THOMPSON – 8 interfund cash loan from the General Fund to the City's
NOES – FONTANA - 1 Capital Projects Fund in the amount of $154,500
against the 2002 City Capital Improvements Budget for
FROM THE COMPTROLLER the Citywide Parks/Playground Improvements
Resolution for the Massachusetts Ave. Park Project.
The loan will be repaid when Bond Anticipation Notes
NO. 5
or Bonds are issued.
Certificate of Appointment
From To Account Repayment Date
Appointment Effective: June 10, 2004 In the
Total
Department of: Audit and Control Division of: Audit to
General Capital Pro 38400106 May 2005
the Position of: Senior Auditor Temporary Appointment
$154,500
Maximum $40,772
Fund Fund
Gloria Schiavone 3 Hecla Street Buffalo, NY 14216
Pursuant to the City's Capital Budget/Debt
Management Policy, subsequent to the approval of the
FROM THE OFFICE OF STRATEGIC PLANNING
Buffalo Fiscal Stability Authority, the City intends to
issue Bonds in the amount of about $25,900,000 for
THE COMPTROLLER
City Projects during the Fiscal Year 2004/2005.
Currently, there are zero City Projects with outstanding
NO. 6
interfund loans. If this current request is approved, the
CERTIFICATE OF NECESSITY
City will be committed to One Hundred and Fifty Four
TRANSFER OF FUNDS
Thousand Five hundred dollars ($154,500*) in projects.
COMMON COUNCIL - LEGISLATIVE
Therefore, the future projects that can be interfund
We, Anthony M. Masiello, Mayor and Andrew A.
loaned or included in the 2004/2005 debt issue will be
SanFilippo, Comptroller, do hereby certify, pursuant to
limited to $25,745,500.
20-12 of the Charter, that it is necessary that the sum of
Bonds to be issued Fiscal Year $ 25,900,000
2004/2005 Jewett Parkway, north side between Main Street and a
(does not include BOE borrowing limit) pint 260 feet west therefrom
Approved Interfund Loans 0 PROHIBITED PERIOD
$ 25,900,000 8:00 a.m. - 5:00 p.m. School Days
LESS: This action is being taken to provide a safe area for
Current request* $ 154,500* drop off and pick-up of students and staging of school
Balance available for F/Y 2003/2004 $ 25.745.500 buses at the request of the Section 15, Chapter 479 of
*Please be advised that once an interfund loan has the Charter Code of the City of Buffalo.
been approved, the City is committed to the total cost of WAIVE 45 DAYS
the project regardless of the amount advanced. RECEIVED AND FILED
Mr. Coppola Moved:
That the above communication from the Comptroller No. 10
dated September 30, 2004, be received and filed; and Block Grant Fund Transfer
That the Comptroller be, and he hereby is authorized to J.B. Wiley Complex
make an interfund cash loan from the General Fund to Infrastructure Improvements
the City's Capital Projects Fund in the amount of (Ellicott)
$25,900,000 for City Projects during the Fiscal Year I hereby request that Your Honorable Body authorize
2004/2005. The loan will be repaid when Bond a transfer of CDBG funds in the amount of $15,000
Anticipation Notes or Bonds are issued to finance these from CDBG Account #30-50200 to our Capital Account
projects. #35320506 for partial funding of the roof reconstruction
Passed of the Masten CAO building. (See attached BURA Item
AYES - 9 - NOES - 0 3b of September 23, 2004.)
Mr. Coppola Moved:
FROM THE COMMISSIONER OF PUBLIC WORKS, That the above communication from the Commissioner
PARKS AND STREETS of Public Works, Parks and Streets dated September
30, 2004, be received and filed; and
NO. 9 That the Comptroller be, and he hereby is authorized to
Notification Serial # 9966 transfer CDBG funds in the amount of $15,000 from
Install Stop Sign (All Way) CDBG Account #30-50200 to Public Works, Parks and
in Hunt Avenue Streets Capital Account #35320506 for partial funding
at Copeland Place of the roof reconstruction of the Masten CAO budding.
STOP SIGNS - INSTALL Passed.
In conformity with Section 49 of Chapter 479 of the AYES - 9 - NOES - 0
Ordinances of the City of Buffalo, the City Engineer
hereby notifies Your Honorable Body of this action NO. 11
supplementing, amending, or repealing existing Bus Shelter (1)
provisions of Chapter 479 of the Ordinances, as stated Within City Right-of-Way
below, to be effective forty five days after the first Mr. Christopher J. Cronin. Traffic Data Administrator
Council meeting at which they appear on the agenda as for the Niagara Frontier Transportation Autliority,.
an item business. (NFTA). has requested permission to install one bus
That that part of Subdivision 9 Section I I of Chapter shelter within City right-of-way.
479 of Ordinances of the City of Buffalo be The proposed location is
supplemented by adding thereto the following:Elmwood Avenue. east side of street. approximately 70'
STOP SIGNS (ALL WAY) VEHICLES ON north of Bryan Street.
SHALL STOP BEFORE ENTERING Hunt Avenue The Department of Public Works. Parks and Streets
Copeland Place has reviewed the NFTA's request pursuant to Chapter
This action is being taken in order to improve safety at 413-67 (Encroachment Regulations) of the City
an intersection where visibility is limited by intersection Ordinances and has no objection to Your Honorable
geometries and cannot be alleviated by restricting Body @ authorizing the Commissioner of Public Works,
parking. Parks and Streets to issue a "Mere License" for said
Notification Serial #9967 installation provided the following conditions are met:
No Standing School Days - Install 1. That the applicant obtain any and all other City of
on Jewett Parkway, north side Buffalo permits necessary for said installation.
between Main Street 2. That the bus shelter be installed exactly as
and a point 260 feet west therefrom shown on plans submitted to and approved by the
Delaware District Department of Public Works, Parks and Streets.
NO STANDING – INSTALL 3. That the applicant be responsible for maintaining
In conformity with Section 49 of Chapter of the the bus shelter as long as it remains within City right-of-
Ordinances of the City of Buffalo, the City Engineer way.
hereby notifies Your Honorable Body of this 4. That the applicant supply the City of Buffalo with
supplementing, amending, existing provisions of a five thousand dollar construction in street bond
Chapter 479 of the Ordinances, as stated below, to be or certificate of insurance which will indemnify
effective forty five days after the first Council meeting at and save harmless the City of Buffalo against
which they appear on the agenda as an item business. any and all loss and damage arising out of the
That that part of Subdivision 15 Section 15 of Chapter construction, maintenance. use and removal of s
479 of aid bus shelters.
Ordinances of the City of Buffalo be supplemented by REFERRED TO THE COMMITTEE ON LEGISLATION
adding thereto the following NO STANDING
PROHIBITED PORTION OF HIGHWAY NO. 12
Change in Contract
John W. Danforth Company Costs have been reviewed by the Consulting Architect
Contract #92010670 (Robert Traynham Coles, Architect) and the
Niagara Department of Public Works, Parks & Streets and were
I hereby submit to Your Honorable Body the found to be fair and equitable. Funds for this work are
following change order for this contract. This change available in 37320306 445100 - Division of Buildings.
order is necessary for required modifications to the I request that Your Honorable Body authorize the
North Basin Flocculation and Rehabilitation Project. Commissioner of Public Works, Parks & Streets to
The work is necessary for the installation of a concrete issue a change order to the contractor as set forth
weir wall in the South Sedimentation basin, as already above.
installed in the North Sedimentation Basin, that would Mr. Coppola Moved:
improve water quality by maximizing the detention time That the above communication from the Commissioner
in the basin, minimize floc shear, and optimize the of Public Works, Parks and Streets dated September
hydraulic efficiency of the basin by increasing the 30, 2004, be received and filed; and
distance that the water will exit from the basin. The That the Commissioner of Public Works, Parks and
reinforced concrete weir wall is approximately 5 feet Streets be, and he hereby is authorized to issue change
high and 1 foot thick and runs the length of the order No. 1, to W. C. Roberson Plumbing &
sedimentation basin (approximately 130 feet). Construction Corp., an increase in the amount of
Contract Amount: $2,054,890.00 $3,731.79, as more fully described in the above
This Change Order: $ 143,500.00 communication, for work relating
Total Contract $2,198,390.00 tojobNo.#0324,C#92010850.
Funds are available in a Division of Water account Fundsforthisprojectareavaflablein37320306445100Divis
(53170626). This project is being funded via low ion of Buildings.
interest money from the Environmental Facilities Passed
Corporation (EFC). AYES - 9 - NOES - 0
I respectfully certify that this change order is fair and
equitable for the work involved, and respectfully request No. 14
that Your Honorable Body approve the subject change Change in Contract
order and authorize the Commissioner of Public Works, North Jefferson Library
Parks & Streets to issue said change order to Tri-ax Construction
Residuals. Permission is requested from Your Job #0324
Honorable Body to authorize the increase in contract as Masten District
stated above. I hereby submit to Your Honorable Body the following
Mr. Copploa Moved: changes for the North Jefferson Library, Construction,
That the above communication from the Commissioner Patrick Development of WNY, Inc., C #92010833.
of Public Works, Parks and Streets dated October 5, 1. Remove demolition material from site and backfill
2004, be received and filed; and undercut area with structural fill. Add $
That the Commissioner of Public Works, Parks and 2,800.00
Streets be, and he hereby is authorized to issue a The foregoing change results in a net increase in the
change order to John W. Danforth Company, an contract of Two Thousand Eight Hundred and 00/100
increase in the amount of $143,500.00, as more fully Dollars ($2,800.00).
described in the above communication, to the North Summary: Current Contract Amount
Basin Flocculation and Rehabilitation Project, Contract $3,034,522.00
#92010670. Funds for this project are available in Amount of This Change Order (#3) Add $2,800.00
Division of Water account 53170626. Revised Contract Amount $3,037,322.00
Passed Costs have been reviewed by the Consulting Architect
AYES - 8 - NOES – 1 (Robert Traynham Coles, Architect) and the
AYES – BONIFACIO, COPPOLA, DVIS, FONTANA, Department of Public Works, Parks & Streets and were
FRANCYK, GOLOMBEK, RUSSELL AND THOMPSON found to be fair and equitable. Funds for this work are
– 8 available in 37320306 445100 - Division of Buildings.
NOES – GRIFFIN - 1 I request that Your Honorable Body authorize the
Commissioner of Public Works, Parks & Streets to
NO. 13 issue a change order to the contractor as set forth
Change in Contract above.
North Jefferson Library Mr. Coppola Moved:
Construction That the above communication from the Commissioner
Job #0324 of Public Works, Parks and Streets dated September
Masten District 29, 2004, be received and filed; and
I hereby submit to Your Honorable Body the following That the Commissioner of Public Works, Parks and
changes for the North Jefferson Library, Construction, Streets be, and he hereby is authorized to issue change
Plumbing Work, W. C. Roberson Plumbing & order No. 3, to Patrick Development of WNY, Inc., an
Construction Corp., C #92010850. increase in the amount of $2,800.00, as more fully
1. Install a single storm drain trap. Add $ described in the above communication, for work relating
3,731.79 to Job No. #0324, C #92010833. Funds for this project
The foregoing change results in a net increase in the are available in 37320306 445100 - Division of
contract of Three Thousand Seven Hundred Thirty One Buildings.
and 79/1 00 Dollars ($3,731.79). PASSED
Summary: Current Contract Amount AYES - 9 - NOES – 0
$183,900.00
Amount of This Change Order (#1) Add $ 3,731.79 NO. 15
Revised Contract Amount $187,631.79 CHANGE IN CONTRACT - #92010889
OVERLAY OF CITY PAVEMENTS - 2004, GR. #626 Division of Engineering Accounts #3 0032106-445100
DESTRO & BROTHERS CONCRETE CO., INC. & # 13112006-4431 00.
I hereby submit to our Honorable Body the following Passed
unit price additions to the contract for the above named AYES - 9 NOES - 0
Project. This change order was necessary to
mill/overlay: NO 16
1 . BFNC (Ellicott District) INCREASE IN CONTRACT
2. Earl Street - Best to High (Ellicott District) EXCHANGE ST. PHASE 11
3. South Division - Jefferson to Hickory (Ellicott District) CONSTRUCTION #91965800, DESTRO BROTHERS
4. Nash - Broadway to William (Ellicott District) INC.
Peabody - Seneca to Quinn (Fillmore District)
5.FILLMORE DISTRICT
6. Walter - Seneca to Elk (Fillmore District) I HEREBY SUBMIT TO YOUR HONORABLE BODY
7. East Delavan - Jefferson to Humboldt (Masten THE FOLLOWING THE INCREASE IN CONTRACT
District) FOR THE INSTALLATION OF A PEDESTRIAN
8. Baxter - Vulcan to Esser (North District) ACTIVATED TRAFFIC SIGNAL AT LCO BUILDING
9. Ullman - Vulcan to Esser (North District) 10. Roesch - LLC AT 726 EXCHANGE ST:
Tonawanda to Baxter (North District 1)Refurbish, Paint and Install (2) mast arm signal poles
Quantities necessary for the completion of these w/lighting arms and NYSDOT foundations
defective areas are beyond the original scope of this $4,195.00
contract and deemed necessary to properly complete 2)Supply and install various necessary electrical
this City-Wide Contact. components as follows:
Contract Unit Estimated Estimated City (1) NEMA TS-2 Peek 3900E actuated traffic signal
Bought controller
Item Description Price Quantity Cost - (2) Sets countdown LED pedestrian signal indications
Material - (4) LED traffic signal head combinations
02.402 Mill existing pavement 2" - (2) pedestrian pushbuttons
$1.10/sq.yd44,000 $48,400.00 - All related conduit and wiring
$16,301.00
04.140 Asphalt concrete - material provided, 3)Maintenance and protection of traffic lump sum
04.141 $11.00/ton 5,060 $55,660.00 $ 1,750.00
pick-up & placement Total $22,246.00
04.325 Cleaning pavement A contract summary is as follows:
$1,000/l.s. lump sum as nec. Existing contract amount $3,127,154.38
$1,000.00 Amount this change $22,246.00
04.335 additional roller w/operator Revised contract amount $3,149,400.38
$600.00/day 10 $6,000.00 Funds for this work are available in Capital Project
08.645manhole resurfacing ring adj. NYSDOT Account #30017706. Based on the above, I hereby
$125.00/each 20 $2,500.00 recommend that Your Honorable Body authorize an
09.635 waterline valve box riser - 2" with 3/8" increase in contract in the amount of $22,246.00 to
$ 1.00/each 20 $2,000.00 Destro Brothers as described above, contract
locking bolts - install #91965800
12.120 vehicle towing $30.00/car 20 $300.00 Mr. Coppola moved
City ought material (contract #7117) That the above communication from the Commissioner
$30.00/ton 5,060 $151,800.00 of Public Works, Parks and Streets dated September
Increase in Contract $115,860.00 29, 2004, be received and filed; and
Original Contract $1,543,915.00 That the Commissioner of Public Works, Parks and
Increase in Contract $115,860.00 Streets be, and he hereby is authorized to issue a
Total Contract to Date $1,659,775.00 change order, to Destro, Brothers Inc., an increase in
Funds for this change order are available in Division of the amount of $22,246.00, as more fully described in
Engineering Accounts #30032106-445 100 & #1 the above communication, for work relating to
3112006443100. Exchange Street Phase H, C #91965800. Funds for
I respectfully certify that this change order is fair and this project are available in Capital Project Account
equitable for the work involved, and respectfully request #30017706.
that your Honorable Body approve the subject Change PASSED
order and authorize the Commissioner of Public Works AYES - 9 NOES - 0
to issue said change order to Destro & Brothers
Concrete Co., Inc. NO. 17
Mr. Coppola moved: TELEPHONE FACILITIES EASEMENT
That the above communication from the Commissioner NORTH JEFFERSON LIBRARY
of Public Works, Parks and MASTEN DISTRICT
Streets dated September 29, 2004, be received and PERMISSION IS REQUESTED FROM YOUR
filed; and HONORABLE BODY TO EMPOWER THE
That the Commissioner of Public Works, Parks and COMMISSIONER OF PUBLIC WORKS, PARKS &
Streets be, and he hereby is authorized to issue a STREETS TO NEGOTIATE AND SIGN A TELEPHONE
change order, to Destro & Brothers Concrete Co., Inc., FACILITIES EASEMENT ON THE NORTH
an increase in the amount of $115,860.00, as more fully JEFFERSON LIBRARY SITE. THE EASEMENT IS
described in the above communication, for work relating REQUIRED TO SUPPLY POWER TO THE NEW
to Overlay of City Pavements - 2004, GR#626, C LIBRARY.
#92010889. Funds for this project are available in Mr. Coppola Moved:
That the above communication from the Commissioner ITEM, I HAVE ATTACHED A COPY OF
of Public Works, Parks and Streets dated September CORRESPONDENCE THAT I MOST RECENTLY
27, 2004, be received and filed; and SENT TO THE NEW YORK STATE DEPARTMENT OF
That the Commissioner of Public Works, Parks and STATE REQUESTING A STATUS REPORT ON THE
Streets, be, and he hereby is authorized to negotiate INVESTIGATION.
and sign a telephone facilities easement on the North REFERRED TO THE COMMITTEE ON LEGISLATION
Jefferson Library site.
PASSED NO. 22
AYES - 9 NOES - 0 CERTIFICATE OF APPOINTMENT
APPOINTMENT EFFECTIVE: SEPTEMBER 23,
No. 18 2004
Trade-in of Various EquipmentIN THE DEPARTMENT OF: POLICE TO THE
On September 14, 2004 the Division of Purchase POSITION OF: DETECTIVE SERGEANT,
received bids for a hook lift system to be installed on an PERMANENT PROMOTION AT THE FLAT STARTING
existing truck chassis. This system will be used to SALARY OF: $ 62,423
recover vehicles that can't be towed. Harvey M. Frankel, 23 Doyle Avenue, Buffalo, NY
As part of the bid package, we offered three vehicles for 14207
trade. These vehicles were: S718, a 1975 John Deere REFERRRED TO THE COMMITTEE ON CIVIL
Loader, S730-PK, a 1982 John Deere Loader, and WI SERVICE
13S, a 1985 JCB backhoe. All three pieces of
equipment have been deemed unusable surplus NO. 23
equipment by this department. CHANGE OF STATUS ONLY
Kaminski Equipment offered the lowest net bid CERTIFICATE OF APPOINTMENT
($21,780 - $17,050 trade-in allowance = $4,730). We, APPOINTMENT EFFECTIVE: SEPTEMBER 23,
therefore, request Common Council approval to trade-in 2004
this equipment towards this purchase. in the Department of: Police to the Position of: Police
Mr. Coppola moved Lieutenant, Permanent Promotion at the Flat Starting
That the above communication from the Commissioner Salary of: $ 66,315
of Public Works, Parks and Streets dated September Randall W. Ammerman, 146 Meadowlawn Road
24, 2004, be received and filed; and Cheektowaga, NY 14225
That the Commissioner of Public Works, Parks and Kevin J. Brinkworth, 20 Hedgerow Drive - Apt # 8
Streets, be, and he hereby is authorized to trade in Orchard Park, NY 14217
three vehicles, as fisted in the above communication, to REFERRED TO THE COMMITTEE ON CIVIL
Kaminski Equipment for a hook fift system to be install SERVICE
on an existing truck chassis.
PASSED NO. 24
AYES - 9 NOES - 0 CERTIFICATE OF APPOINTMENT
APPOINTMENT EFFECTIVE: SEPTEMBER 23,
NO. 19 2004
CERTIFICATE OF APPOINTMENT IN THE DEPARTMENT OF: POLICE TO THE
APPOINTMENT EFFECTIVE: SEPTEMBER 27, 2004 POSITION OF POLICE LIEUTENANT, CONTINGENT
Q1 IN THE DEPARTMENT OF PUBLIC WORKS, PERMANENT PROMOTION AT THE FLAT STARTING
PARKS & STREETS DIVISION OF WATER TO THE SALARY OF: $ 66,315
POSITION OF CHIEF PUMPING PLANT ENGINEER, Steven J. Nichols, 63 Bassett Road, Amherst, NY
PROVISIONAL PROMOTION AT THE: MAXIMUM 14221
STARTING SALARY OF: $44,009 Lance R. Russo, 970 Carter Drive,Grand Island, NY
Michael Wolasz, 53 Huntley Road, Buffalo, New York 14072
14215 REFERRED TO THE COMMITTEE ON CIVIL
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
SERVICE
FROM THE CORPORATION COUNSEL
NO. 20
CERTIFICATE OF APPOINTMENT NO. 25
APPOINTMENT EFFECTIVE 9/29/04 IN THE REFUND OF EXCESS TAXES BUFFALO VILLAGE
DEPARTMENT OF PUBLIC WORKS, PARKS & ASSOCIATES (LTEM NO. 92, SE T. 21 2004
STREETS, DIVISION OF STREETS TO THE On February 24, 1975, a contract was executed by
POSITION OF the City of Buffalo and Buffalo Village Associates, a
Dispatcher, PERMANENT APPOINTMENT at the partnership, limiting real property tax liability on nine
MAXIMUM Starting Salary of $31,838 parcels owned by the partnership pursuant to Section
Philip Sbriglia, 49 Whitehall Avenue, Buffalo 14220 236 of the National Housing Act of 1968 and Article V of
REFERRED TO THE COMMITTEE ON CIVIL the Private Housing Finance Law.
SERVICE The contract places a real property tax ceiling of
$32,400 as to City and County combined taxes for each
FROM THE COMMISSIONER OF POLICE year, and exempts the real property from any further
similar tax for a period of up to forty years, beginning
No. 21 from the date on which the benefit to such exemption
"Support for Buffalo Special Police Volunteers first became available and effective.
(EXC. FIN. 2 RES.)") The agreement includes the following properties:
(#102 CCP FEBRUARY 17, 2004) 76 Johnson Park 269 Georgia
IN RESPONSE TO THE AFOREMENTIONED Ill Prospect 66 Whitney
186 Carolina 59 Whitney 2239 BAILEY (LOVEJOY)
222 Carolina 35 Whitney 209 Carolina Pursuant to Chapter 254 of the City of Buffalo
The refund is apportioned between the City and the Ordinances, please be advised that I have examined
County, in accordance with the tax rates at the time. the attached application for a Used Car Dealer License
In 2003-04 the tax payments made by the partnership located at 2239 Bailey and find that as to form is
exceeded the tax ceiling are as follows: correct. I have caused an investigation into the
Tax Year 2003-04 premises for which said application for a used car
City Tax $35,393.06 dealer license is being sought and according to the
County Tax (2004) + $ 4,449.38 attached reports from the Zoning Office, Fire
Total $39,842.44 Department and Building Inspections, I find it complies
Ceiling $32,400.00 with all regulations and other applicable laws. I have
Overpayment $ 7,442.44 caused an investigation by the Police Department into
City share of refund due:.888 x $7,442.44 the moral character of Stephen P. Hall. The attached
$6,608.89 thereto for Stephen P. Hall d/b/a Steve Hall's
Grand Total City Share 2003-04 = Automotive Center Inc. This request Is submitted for
$6,608.89 your approval or whatever action you deem
It is hereby requested that the Comptroller be appropriate.
authorized to issue a check in the amount of $6,608.89 Mr. Coppola moved:
payable to Buffalo Village Associates, representing the That the above communication from the Commissioner
City's share of refund of excess real property tax of Permit and Inspections Services dated September
payments for tax years 2003-04. 20, 2004 be received and filed; and
REFERRED TO THE COMMITTEE ON FINANCE That pursuant to Chapter 254 of the City Code, the
Commissioner of Permit & Inspections Services be, and
NO. 26 he hereby is authorized to grant a Used Car Dealer
J. N. ADAM DEVELOPMENTAL CENTER license to Stephen P. Hall d/b/a Steve Hall's
PERRYSBURG, NEW YORK Automotive Center Inc. located at 2239 Bailey.
Please find enclosed for your consideration a revised PASSED
proposal from Empire State Development ("EJD"). The AYES - 9 NOES - 0
state is offering the City ninety percent (90%) of the
purchase price (i.e. $333,900). NO. 29
If you have any questions, please contact me. CERTIFICATE OF APPOINTMENT
REFERRED TO THE COMMITTEE ON FINANCE Appointment effective October 4, 2004 in the
Department of Permit & Inspection Services, Division of
FROM THE COMMISSIONER OF PERMIT & Permits to the position of Building Inspector,
INSPECTION SERVICES TEMPORARY APPOINTMENT at the MAXIMUM
Starting Salary of $45,696.
Michael Castro, 305 Plymouth Ave, Buffalo, NY 14201
NO. 27 REFERRED TO THE COMMITTEE ON CIVIL
SECOND HAND DEALER SERVICE
1413 HERTEL ((DELAWARE)
Pursuant to Chapter 254 of the City of Buffalo NO. 30
Ordinances, please be advised that I have examined CERTIFICATE OF APPOINTMENT
the attached application for a Second Hand Dealer Appointment effective October 4, 2004 in the
License located at 1413 Hertel and find that as to form Department of
is correct. I have caused an investigation into the Permit & Inspection Services to the position of Director
premises for which said application for a second hand of the Mayor's Task Force on Housing EXEMPT
dealer license is being sought and according to the APPOINTMENT at the flat starting salary of $44, 431
attached reports from the Zoning Office, Fire David Gilmour, 29 Carlyle Ave, Buffalo, NY 14220
Department and Building Inspections, I find it complies
with all regulations and other applicable laws. I have FROM THE COMMISSIONER OF ADMINISTRATION
caused an investigation by the Police Department into AND FINANCE
the moral character of Dale Saeman/James U'Ren. NO. 31
The attached thereto for Date Saeman/James U'Ren ABATEMENT OF ACCOUNTS RECEIVABLE
d/b/a Auction Ability Inc. This request is submitted for INVOICES AND
your approval or whatever action you deem ABATEMENT OF DEMOLITION INVOICES FROM
appropriate. MUNIS
Mr. Coppola moved: I am recommending that all uncollectable
That the above communication from the Commissioner accounts receivable invoices and uncollectable
of Permit and Inspections Services dated September demolition invoices previously submitted to the
23, 2004 be received and filed; and Common Council for consideration in 2003 be abated
That pursuant to Chapter 254 of the City Code, the from MUNIS with the exception of those invoices that
Commissioner of Permit & Inspections Services be, and have outstanding issues. Accordingly, I am
he hereby is authorized to grant a Second Hand Dealer recommending that Common Council Members identify
license to Dale Saeman /James U'Ren, d/b/a Auction all invoices that they deem necessary to remain open
Ability Inc. located at 1413 Hertel Avenue. on MUNIS for further investigation and collection
PASSED proceedings and abate the remaining uncollectable
AYES - 9 NOES - 0 invoices.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 28
USED CAR DEALER NO. 32
INFO APPT MEMBER ENVIRONMENTAL the new scenario to determine the impact on the City's
MANAGEMENT COMMISSION (# C.C.P. 10/5/04) RAN costs.
AS PER YOUR RECENT REQUEST, OUR REFERRED TO THE COMMITTEE ON LEGISLATION
OFFICE HAS REVIEWED THE FOLLOWING AND THE COMPTROLLER
INDIVIDUALS FOR DEBT OWING TO THE CITY:
KEVIN MATHEIS, 156 PROSPECT, BUFFALO 14201 NO. 36
Our review has shown no debt owed. Review of appointees:
If you require any additional information, please contact "Appt/Reappt.-Member-Public Collection Board of
our office. Appeals" (#I, C.C.P Sept 21, 2004)
RECEIVED AND FILED George K. Arthur 154 Roebling Buffalo, 14215
John McDowell 311 Vermont Buffalo, 14213
NO. 33 Charles Leone 107 North Drive Buffalo, 14216
$2.00 CONVENIENCE CHARGE FOR WEB Anne Williams 139 Elmer Buffalo, 14215
PAYMENTS Lourdes Iglesias 14 Auchinvole Buffalo, 14213
THE CITY OF BUFFALO HAS AVAILED THE "Reappt.-Members-Buffalo Preservation Board."
GENERAL PUBLIC THE ABILITY TO DAY PARKING (#2, C.C.P. Sept 21,2004)
SUMMONS, USER FEE BILLS AND PERMITS OVER John M. Laping 1088 Delaware Apt 15J Buffalo,
THE INTERNET. OVER A MILLION DOLLARS HAS 14208
BEEN COLLECTED VIA WEB PAYMENTS SINCE ITS Sam Gurney 772 Potomac , Buffalo, 14209
INCEPTION IN SEPTEMBER OF 2001. Paul Carroll 39 Park Buffalo, 14201
UNFORTUNATELY, THERE IS A DIRECT COST TO In reply to your request of September 22, 2004 upon
THE CITY OF BUFFALO AS A RESULT OF THE WEB review of the above captioned appointees, the
PAYMENTS IN THE FORM OF FEES FOR CREDIT following were found to have outstanding debt owed to
CARD USAGE. INITIALLY, IT WAS THOUGHT THAT the City of Buffalo:
TO PROMOTE THE USE OF THE WEB SITE WE Lourdes Iglesias: User Fee bill (14 Auchinvole):
SHOULD NOT CHARGE A FEE. BUT THE TIME HAS $309.80 Water Bill (14 Auchinvole): $776.71
COME WHERE WE FEEL IT IS PRUDENT TO These figures good through 9/30/04
ACCESS A $2.00 CHARGE FOR THE CONVENIENCE Our research has found no outstanding debt for the
OF PAYING VIA THE WEB SITE. remaining individuals proposed for appointments.
In researching other cities who have a similar Web Site If you require any other information, please do not
for Payments we found the following statistics: hesitate to contact our office.
New York City 2.00 REFERRED TO THE COMMITTEE ON LEGISLATION
Rochester 3.00
Richmond 2.50 FROM THE COMMISSIONER OF COMMUNITY
Milwaukee 3.95 SERVICES
Baltimore 2.49%
Wilmington 2.49% NO. 37
Atlanta 5.00 PERMISSION TO ACCEPT GRANT AWARD
REFERRED TO THE COMMITTEE ON LEGISLATION Action Requested of the Council: The Department
AND THE CORPORATION COUNSEL of Community Services, Youth Bureau has applied for
and received a fully executed contract for a grant of
NO. 34 $800.00 from the Association of New York State Youth
PERMISSION TO SELL OBSOLETE VEHICLES AT Bureaus to fund a Youth Leadership Conference. The
AUCTION program is scheduled for November 13, 2004 and
THE DEPARTMENT OF ADMINISTRATION & focuses on youth empowerment and juvenile
FINANCE, DIVISION OF PURCHASE HEREBY delinquency prevention strategies. The Department of
REQUESTS YOUR PERMISSION TO SELL AT Community, Youth Bureau requests the following two
PUBLIC actions from the Council:
Auction the following vehicles: 1 . Please grant the Department of
S-736 1995 Caterpillar Community Services permission to accept the contract
SR-027 1995 Crane Carrier Dump and,
SR-028 1995 Crane Carrier Dump 2. Please approve our request for an inter-fund
REFERRED TO THE COMMITTEE ON FINANCE loan for $800.00 to operate the program until
reimbursements are received from the Association of
NO. 35 New York State Youth Bureaus. We expect the city to
REQ. LOC. LAW-PARTIAL COLL. OF REAL be 100% reimbursement for any expenses incurred
PROPERTY operating the program.
TAXES Program Description: The Youth Empowerment
ITEM # 16 C.C.P. SEPT. 21, 2004 Conference will be held on November 14, 2004 at the
The City of Buffalo receives approximately 35 West Side Community Center, youth ages I land up are
percent of property tax payments in i July (the first half) welcome to attend. There is no charge for any youth
and another 29 percent in December (the second half). residing in the City of Buffalo.
Payments in August and January represent another 11 The program will target 125+ youth residing in the City
percent and 13 percent, respectively. In these four of Buffalo.
months, the City collects approximately 88 percent of Long Term Cost to the City: None
property tax revenue. Spreading out payments even Mr. Coppoia Moved
further, beyond the first and second half option, could That the above communication from the commissioner
adversely affect the City's cash flow. I would of Community Services dated September 24, 2004 be
recommend that the Common Council request the City received and filed and
Comptroller to size a hypothetical RAN borrowing under
That the Commissioner of Community Services be, and • The Board of Education has already been engaged in
he hereby is authorized on behalf of the City to accept the process of negotiating with its
the grant from the New York State Youth Bureaus to Unions over this matter, contrary to the clear implication
fund a Youth Leadership Conference totaling $800.00. of the Council's resolution.
Authorized the Comptroller to provide an interfund • The Board of Education agrees that exploring the
cash loan for all non-personnel items, totaling $800.00, possibilities for a single health insurance provider is
until such an interfund is is secured from the essential.
Association of New York State Youth Bureau. • The Board of Education is following a process like
STND
APPROVE 1 ITEM, 2 ITEM RECEIVED AND FILED that adopted by the County of Erie in pursuing the
AYES - 9 NOES - 0 matter and in fact has hired the same consultant that
achieved the County's plan.
FROM THE COMMISSIONER OF HUMAN • The Board of Education will update the Council when
RESOURCES an agreement has been reached.
NO. 38 REFERRED TO THE COMMITTEE ON BUDGET
CERTIFICATE OF APPOINTMENT
Appointment Effective: October 1, 2004 in the NO. 42
Department of Human Resources Division of Employee T.COATS - 347/351 MASSACHUSETTS
Relations to the Position of Secretary to Commission of (#78C.C.P. JULY 20, 2004)
Human Resources Upon receipt of your letter dated September 28, 2004, 1
Exempt Appointment at the Flat Starting Salary of $29, instructed our Sewer Maintenance Department to
138 investigate this matter. Our records indicate that Mr.
Christine M. Heuser, :81 Linwood Ave.,:Buffalo, NY Coats called our Sewer Maintenance Department on
14209 March 17, 2003 to report that a plumber working for Mr.
REFERRED TO THE COMMITTEE ON CIVIL Coats got a approximately fifty feet of plumber's snake
SERVICE caught in his lateral line. Our complaint crew was
dispatched and responded on this date. They found
NO. 39 our main sewer was down and running and that they
CERTIFICATE OF APPOINTMENT could not visibly see the snake in the sewer line. In an
Appointment Effective: October 1, 2004 in the attempt to help the homeowner our supervisor
Department of Human Resources, Division of Civil requested that we have the main sewer televised to see
Service Administration to the Position of Administrative if the snake had entered the main sewer. On March 19,
Director 2003 our Sewer Maintenance Department assigned the
Exempt Appointment at the: Flat Starting Salary of: sewer-televising unit to televise the main sewer on
$52,156 Massachusetts in the vicinity of 347/351
Olivia Licata, 418 Starin, :Buffalo, NY 14216 Massachusetts. The supervisor on this crew reported
REFERRED TO THE COMMITTEE ON CIVIL that the main sewer was in very good condition and that
SERVICE the snake had not entered our main sewer. They also
as a courtesy attempted to televise the homeowner's
NO. 40 lateral connection. The supervisor reported that the
CERTIFICATE OF APPOINTMENT snake could not be seen in the connection. Therefore,
Appointment Effective: October 1, 2004 in the the assumption was made that the snake must have
Department of Human Resources, Division of exited the homeowner's lateral through an open joint in
Employment & Training to the Position of Director of the lateral. This was the only possible answer because
Personnel, Exempt Appointment fifty feet of snake had gone into the line and it did not
at the: Flat, Starting Salary of: $52,156 make it to the connection or to the main. As Mr.Coats
Gladys G. Herndon-Hill, .24 Huntington,:Buffalo, NY has stated we informed him of the findings along with
14214 the recommendation that he needed to have his sewer
REFERRED TO THE COMMITTEE ON CIVIL lateral repaired. -
SERVICE The sewer lateral is the sole responsibility of the
homeowner. The Buffalo Sewer Authority is
FROM THE BOARD OF EDUCATION responsible for the main sewer only. On June 30,
NO. 41 2004, Mr. Coats again contacted our Sewer
"REQUEST BOARD OF EDUCATION TO Maintenance Department to report sewer trouble at
IMPLEMENT A SINGLE HEALTH INSURANCE 347/351 Massachusetts. We immediately dispatched
PROVIDER FOR ALL BOARD OF EDUCATION our complaint crew to investigate this situation. Upon
UNIONS" arrival the supervisor reported that he found the main
RES #149 C.C.P SEPTEMBER 7, 2004" sewer down and running and then as a courtesy he
RES # 149, C.C.P. SEPTEMBER 7, 2004 proceeded to check the fresh air vent for this address.
Item no: Res #194, C.C.P. 9/07/2004, "Request Board He reported that the vent was holding water and that,
of Education to Implement a Single Health Insurance again as a courtesy, attempted to plunge it to try to
Provider for all Board of Education Unions" Res #149 open the lateral line, but was unable to do so he then
C.C. P September 7, 2004" proceeded to inform Mr. Coats that he needed to
The Buffalo City School District hired consultants who contact a plumber.
have been working with the District, the While researching our records we found that we
Unions and the Insurance carriers to identify and televised a section of sewer and the lateral connection
implement potential cost saving programs. for 346 Massachusetts on March 2, 2004 for an
Those efforts are continuing. unrelated complaint. However, on this date the main
Any changes to the contractual health insurance sewer which is a center lane sewer that also services
benefits must be negotiated with our Unions. 347/351 Massachusetts was also found to be in good
condition. The lateral line for 346 Massachusetts was
broken at the curb line and the homeowner had it Mr. Coppola moved the approval of the appointments to
repaired by a plumber. the position of Council Intern.
Although we can sympathize with Mr. Coat's situation, ADOPTED.
we feel that we have provided more than adequate
assistance for Mr. Coats. He was informed in March of CERTIFICATE OF APPOINTMENT
2003 that he needed to have his lateral repaired. Appointment effective 09/08/2004 in the Department of
Again, on June 30, 2004 he was informed that he COMMON COUNCIL to the position of INTERN VI,
needed to contact a plumber. The findings of the SEASONAL NON-COMPETITIVE at the FLAT Starting
televising of the sewer in March of 2003 proved that he Salary of $10.00/HR
is in need of plumber because the conclusion that was Margarita S. Cardona, 451 Potomac Avenue, Buffalo,
made was that he has a break or open joint in the New York 14213
lateral. I understand that this can be a costly venture REFERRED TO THE COMMITTEE ON CIVIL
but it is necessary for Mr. Coats to have his line SERVICE
repaired. We currently have one televising unit on the
road and they have a heavy workload and cannot be CERTIFICATE OF APPOINTMENT
expected to have to repeat work that has been Appointment Effective: September 23, 2004 in the
completed. If Mr. Coat's alleges that the Water Department of Common Council Division of to the
Department damaged his line then he would have to Position of Intern V, Seasonal, Non-Competitive at the:
contact the water department for their procedures of Flat Starting Salary of: $ 8.00
filing a claim. The Buffalo Sewer Authority has no Vincent Gregory, 96 Saranac Avenue, Buffalo, NY
responsibility with regards to this matter. 14216
Mr. Coats claim of water constantly running should be
addressed to the Buffalo Water Authority therefore, our CERTIFICATE OF APPOINTMENT
Sewer Maintenance Department contacted the Water Appointment Effective: September 20, 2004 in the
Department and was informed that the Buffalo Water Department of Common Council Division of to the
Department tested for a leak on July 13, 2004 and no Position of Intern I, Seasonal, Non-Competitive at the
leak was detected. The homeowner needs to have his Flat Starting Salary of: $ 7.00/hr
sewer lateral line repaired. The need for the lateral Maurice Howie, 246 Madison, Buffalo, NY 14206
repair should be addressed to the City of Buffalo
Engineering Department for further investigation. As No. 46
Mr. Coat's concerns with the street possibly caving in Appointments - Temporary,
could be legitimate, but would be the responsibility of Provisional or Permanent
Mr. Coats as the water and/or sewage that leaches out I transmit herewith Appointments in the various
of the lateral and does not enter the main sewer could departments made at the Minimum (Temporary,
cause the dirt and ground to erode. Therefore, I will fax Provisional or Permanent) (as per contract
a copy of this letter to Mr. Dan Kreuz of the City of requirements).
Buffalo Engineering Department for further follow-up. REFERRED TO THE COMMITTEE ON CIVIL
If any further information is needed please feel free to SERVICE.
contact me directly, or you may contact our Sewer
Maintenance Department Director, Anthony Barone at Certificate of Appointment
883-1820 ext. 501. Appointment Effective: September 28, 2004 In the
REFERRED TO THE COMMITTEE ON LEGISLATION Department of: Audit and Control Division of: Audit
to the Position of: Assistant Auditor Permanent
FROM THE CITY CLERK Appointment Minimum $32,487
NO. 43 Lisa R. Fehr 229 Summit Avenue Buffalo, NY 14214
LIQUOR LICENSE APPLICATIONS Certificate of Appointment
Attached hereto are communications from persons Appointment Effective: September 28, 2004
applying for liquor licenses from the In the Department of: Audit and Control Division of:
Erie County Alcohol Beverage Control Board. Audit
Address Business Name Owner's to the Position of: Supervising Auditor Permanent
Name Appointment Minimum $43,723
1677 Hertel Ave Thunder Bay Inc Thunder Joseph L. Bartosik 472 McKinley Parkway Buffalo, NY
Bay Inc 14220
484 Amherst Same Shawn Certificate of Appointment
Donovan Appointment Effective: September 27, 2004 in the
RECEIVED AND FILED Department of: Police to the Position of: Property
Manager Permanent Appointment at the: Minimum
NO. 44 Starting Salary of: $ 32,731
LEAVES OF ABSENCE WITHOUT PAY George L. Kinq 332 Hastings Avenue Buffalo, New
I transmit herewith notifications received by me, York 14215
reporting the granting of the leaves of
absence without pay, in the various departments as
listed:
X Police- Deidre Carswell, Ann Vanyo, Debra Cordone
RECEIVED AND FILED.
NO. 45
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
I transmit herewith appointments to the position of
Council Intern.
Certificate of Appointment Council is interested in pursuing such a meeting with
Appointment Effective: September 27, 2004 in the the local HUD office, your request should be directed to
Department of: Police to the Position of: Assistant the Office of the Mayor.
Accountant Provisional, Appointment, at the Minimum Thank you for your interest in the Department's
Starting Salary of $32,487 programs in Buffalo.
Natashia T. Gardy 196 Newburgh Ave Buffalo 14215 REFERRED TO THE COMMITTEE ON COMMUNITY
Certificate of Appointment DEVELOPMENT
Appointment Effective: in the Department of Law
Assistant Corp Counsel I Temporary Non-Competitive NO. 49
at the Minimum Starting Salary of $45, 757.00 Re: Buffalo Board of Education Agenda
Kelly Eisenried 1149 Delaware Ave Buffalo, NY 14209 COPY AVAILABLE IN THE CITY CLERKS OFICE
Certificate of Appointment FOR REVIEW
Appointment Effective: 09/30/2004 in the Department of REFERRED TO THE COMMITTEE ON BUDGET
Law Assistant Corp Counsel II Permanent Non-NO. 50
Competitive at the Minimum Starting Salary of $55,756RE: 256 ALLEN STREET ( FRANK'S BAR)
John V. Heffron 73 Susan Lane Buffalo, NY 14220 I am writing this letter to clarify the Days Park Block
Club's position regarding a joint meeting with the
NON-OFFICIAL COMMUNICATIONS, PETITIONS owner of Frank's Bar. The subject will be
AND REMONSTRANCES discussed the next time our members meet,
NON-OFFICIAL COMMUNICATIONS
probably sometime within the next month.
The Days Park Block Club may decide to meet with
Melissa Luciano, owner of Frank's and other interested
No. 47
parties. We will not however, accept mediation at this
Request Denial Proposed Change Ch 511 Section 8
time,
Attached is the proposed change to chapter 51 1,
Criminal activity can not be mediated. The list of illegal
section 8 of zoning relating to permitted uses. I believe
activities occurring at 256 Allen Street is well
the adoption of this change would have a negative
documented, including advertisement and use of an
effect on our neighborhoods.
illegal patio, building code violations, consumption of
When our predecessors restricted parking pads in
alcohol beyond the premises, excessively loud music,
front yards, it was for good reasons, many of which
and all the other suspected criminal activity clearly
I am sure you are aware of. I think the current
stated in our letter of September 12, 2004 to Buffalo
process for application to the Zoning Board of
Common Council President David Franczyk.
Appeals on a case by case basis should remain.
I also request that all hearings concerning Frank's Bar
Therefore, I hope that the Common Council will
be held as scheduled, and not delayed pending the
vote to deny this ordinance amendment when it
decision of the block club. The longstanding concerns
comes before us.
of residents and continuing complaints should be dealt
REFERRED TO THE COMMITTEE ON LEGISLATION
with expeditiously by all authorities and departments
involved, including the Buffalo Common Council, the
NO. 48
City of Buffalo's Department of Licenses and Permits
HUD FUNDED PROGRAM
and the State Liquor Authority.
Thank you for your letter of August 5, 2004,
If you have any questions, please do not hesitate to
transmitting a copy of a resolution adopted by the
contact me at 881-6464.
Common Council of the city of Buffalo. The resolution
REFERRED TO THE COMMITTEE ON LEGISLATION
requested a meeting with Secretary Alphonso Jackson
NO. 51
regarding the city's Community Development Block
Information on Taxi Rates in the United States -
Grant (CDBG) and HOME Investment Partnership
2004
program funds.
COPY AVAILABLE IN THE CITY CLERKS OFFICE
As you are aware, HUD has raised significant concerns
FOR REVIEW
about the city's administration of its HUD-funded
REFERRED TO THE COMMITTEE ON LEGISLATION
programs, particularly the HOME Program, in the past
NO. 52
year. HUD's Buffalo Field Office has worked very
INFO 256 ALLEN
closely with the city's Office of Strategic Planning
In response to your request of Sept. 15, 2004
(OSP), which administers the city's HOME and CDBG
regarding the above captioned licensee, we are
programs to ensure that the necessary improvements
submitting the following informtion
to the programs are made. The Field Office is
LICENSE NUMBER: Erie OP 3110573
continuing this close working relationship with OSP,
NAME OF LICENSEE: Mant Inc.
meeting at least biweekly to discuss the city's efforts to
D/B/A: Franks
restructure its HOME Program. The city has made
ADDRESS OF PREMISES: 256 Allen Street, Buffalo,
significant progress toward this goal.
NY 14201
The Application for Federal Assistance (Standard Form
CORPORATE OFFICERS: Melissa R. Luciano - sole
424) identifies Mayor Anthony Masiello as the
corporate principal and stockholder
authorized representative of the city. Accordingly,
In addition to the above, we are submitting copies of
HUD's relationship with the city is conducted through
letters of advice, reports of investigations, and our
the Office of the Mayor and the Office of Strategic
letters to the licensee with responses. We are unable to
Planning which have operational responsibility for HUD
give information of a personal or financial nature. If we
programs. If the Common Council has continuing
can be of any further assistance, please feel free to call
concerns about the city's HUD-funded programs, it
at 716-847-3057.
should address them to the appropriate executive
REFERRED TO THE COMMITTEE ON LEGISLATION
branch officials. Should the Con, mor. Council desire a
rising with HUD, the Buffalo Field Office is in the best
NO 53
position to address its concerns. If the Common
M. Mitskovski have been historically associated with the
Statement to Bi-National Bridge Committee Meeting manufacturing facility.
The Buffalo West Side Environmental Defense Fund Areas A, C, D, and M area currently used as parking
vigorously opposes the Buffalo/ Fort Erie Public Bridge areas and have had an asphalt cover installed t prevent
Authority's plan for expanding commercial truck traffic exposure to contaminants in subsurface soils. The
in our residential neighborhood. The Defense Fund has contaminants consist of elevated levels o the metals
been very vocal about our concerns regarding the (i.e., lead, copper and cadmium) which are associated
effects of increased diesel truck traffic on human health, with the manufacturing process.
particularly as it relates to children and the elderly. Area J is the location of the facility's former found waste
The unfortunate events of last week illustrate that the landfill. A small area (40 by 40 feet) of Area J has
negative human health impacts of increased exhibited elevated levels of arsenic in surface soils that
commercial traffic are not limited to chronic breathing are adjacent to a recreational area (baseball fields).
problems and respiratory distress. As tragically This area will be regraded, covered with clean soil and
demonstrated last Thursday, the issue of increased seeded. A security fence will also be installed to
commercial truck traffic is now becoming a real matter prohibit site access.
of life and death. Indeed, within the past three years, The specifics of the proposed remedial activities can be
four people have already died on the QEW in Fort Erie found in the report entitled Area J Interim Remedial
in thirteen accidents directly attributable to truck back-Measures, Outokumpu American Bras Plant, Buffalo,
ups. And let us not forget the other truck-related New York, dated July 29, 2004. The results of previous
fatalities on the 1-190 in Buffalo over recent years. investigations and identifications of the various remedial
Due to the Public Bridge Authority's myopic and self-areas and their contaminants of concern are provided in
serving efforts to continue attracting ever-greater the following reports: Remedial Action Completion
numbers of commercial vehicles to our heavily Report - March 2002, and, Supplemental Remedial
residential neighborhood, the mixing of truck traffic with Investigation Report Vols. I & 2 - December 1995.
passenger vehicles has again sadly resulted in an Upon completion of this remedial work a Remedial
unwarranted loss of life. The Public Bridge Authority's Completion Report will be submitted for the purposes of
interim "quick fix" suggested last week by their documenting the results of activities performed in
spokesman (to divert trucks to Busti and Niagara accordance with the Interim Remedial Measure Work
Streets) is not an answer.
"ere is the public good? Plan under a Voluntary Agreement with the NYSDEC.
There will be sufficient space for these diesel-
never As part of the agreement the following tasks will be
spewing behemoths at the present site. More and more completed:
trucks mixing with cars will create more accidents, not • implementation of a Site Soil Management Plan, •
less. implementation of a cover system consisting of a
The only logical solution for this international border vegetative clean soil or pavement cover in areas as
crossing community's health, safety and security is to required by the agreement, • filing of a Deed restriction
separate commercial trucks from local residential and on the property to
tourist traffic. Commercial trucks should have restrict its future use to only, industrial/
segregated and dedicated processing facilities that are commercial applications; and
efficient, economical and practical -- and away from the • implementation of an annual inspection and
residential neighborhoods of the lower West Side of certification to the NYSDEC.
Buffalo. How many more deaths will be needed before The report has been submitted in accordance with the
the PBA recognizes the incompatibility of combining requirements of the Agreement to remediate the
commercial vehicles with passenger cars? property to support the existing and future industrial use
REFERRED TO THE COMMITTEE ON COMMUNITY of the current property.
DEVELOPMENT PUBLIC COMMENT
The proposed remedial activities as outlined in the Area
NO. 54 J Interim Remedial Measures report and the Voluntary
Voluntary Clean-up Project Cleanup Agreement are available for public review at
Proposed Remedial Action the Document Repositories listed below. Written
Project No. V00314-9 comments on the report are welcome and will be
The New York State Department of accepted from September 22, 2004 to October 21,
Environmental Conservation (NYSDEC), in 2004. Comments expressing objection or opposition to
cooperation with the New York State Department of the report must explain the basis of that opposition and
Health (NYSDOH), is pleased to inform you that identify the specific grounds which could lead the
Outokumpu American Brass, Inc. is proposing to Department to impose significant changes to the
conduct remedial activities at their property located at project. Comments should be directed to Mr. Gregory
70 Sayre Street in the City of Buffalo, New York. This Sutton, Project Manager, NYSDEC, 270 Michigan
work is required by a Voluntary Clean-up agreement Avenue, Buffalo, N.Y. 14203.
the Company entered into with the NYSDEC. The FOR MORE INFORMATION
Agreement requires the company to investigate and Public understanding and involvement are crucial to the
clean-up contaminated areas found on their plant success of New York's Voluntary Cleanup Program.
property. The NYSDEC has all site documents available for your
The American Brass plant complex encompasses about review at:
71 acres. There are residential areas across the street NYSDEC's Buffalo Office 270 Michigan Avenue Buffalo,
from the facility on the south (Sayre Street) and east N.Y
side (Military Road) of the property. The plant has North Park Branch Library 2351 Delaware Ave Buffalo,
operated as a copper and copper-based alloy NY For an appointment contact Greg Sutton; or, (716)
production facility since 1907, and is currently active. 875-3748
The project encompasses several small areas of the ABOUT THE VOLUNTARY CLEANUP PROGRAM
site designated as Areas A, C, D, J and M. These areas
The Voluntary Cleanup Program was developed to safely into the atmosphere and not within a customer) s
enhance private sector cleanup of properties by home or business.
enabling businesses to remediate sites using private We are keenly aware of our customers' concerns over
rather than public funds, and to reduce the the placement of our gas meters and the appearance of
development pressures on "greenfield" sites. Under the this equipment. As we implement upgrades to our
Program, a volunteer agrees to investigate and system and relocate meters, we work carefully with our
remediate a site to a level which is protective of public customers to develop a plan that includes their input.
health and the environment for the present or intended Attached is a recent letter received from New York
use of the property. Investigation and remediation is State Senator Byron W. Brown which recognizes these
carried out under the oversight of NYSDEC. When the efforts in the City of Buffalo. Wherever possible, we will
volunteer completes the work, the State provides a place the meters behind existing shrubs or other
release from State liability for the work done, returning landscape treatments to shield the equipment from
the site to productive use view. As we proceed with this kind of work, our first
RECEIVED AND FILED. priority is, of course, safety and I can assure you that
placing our meters outside poses no safety concern. In
No. 55 fact, outside meter placement is a safety feature
NATIONAL FUEL HALT INSTALL OF OUTSIDE because it provides us immediate access to the valves
METERS IN COB and meters in the case of an emergency. In an
Please allow this as the Response of National Fuel emergency situation, such as a house fire, accessibility
Gas Distribution Corporation ("National Fuel" or the to a shut-off valve by fire personnel or other first
"Company") to your September 7, 2004 Resolution responders is maximized by use of an outside meter.
entitled Request National Fuel to Halt the Installation of Outside placement of a meter likewise provides the
Outside Meters in the City of Buffalo. At National Fuel, safety benefit of avoiding the need for access by utility
the safe delivery of natural gas to our customers is of personnel for meter reading purposes. Under state
utmost importance and we are extremely proud of our regulations and National Fuel's tariff, the Company
excellent safety record which extends over 100 years. must attempt to read its residential meters on a
The New York State Legislature has declared the policy bimonthly basis to help to ensure accuracy of customer
of the state "that the continued provision of ... gas ... bills. In addition to the inconvenience to customers, the
service to all residential customers without possibility exists that an imposter will act as a utility
unreasonable qualifications or lengthy delays is meter reader to gain access to the premises presenting
necessary for the preservation of health and general a danger to the inhabitants (see the attached Buffalo
welfare and is in the public interest." Public Service Law News articles and a letter received by National Fuel
§ 30. As a public utility, National Fuel is required to earlier this year where a senior citizen concerned for
provide service that is safe and adequate. Public her safety from intruders requested her meter be placed
Service Law § 65(l). Public utilities in New York are outside). Outside placement and access to the meters
highly regulated by the Public Service Commission also will provide more accurate billing to National Fuel's
("PSC"), a state agency that has special expertise in customers by reducing the number of estimated bills
the safe delivery of natural gas. The PSC is entrusted that are sent when readings cannot be obtained.
under the Public Service Law with the "general We appreciate the concerns you have voiced with
supervision of all gas corporations . . . ." Public Service respect to this matter and I hope this letter has
Law §66(l). It is also responsible for the oversight of satisfactorily addressed the issues of importance to
"the methods employed ... in the manufacturing, you. Should you desire more information or have
distributing and supplying gas . . . and [has] power to additional questions, please call me directly at 857-
order such reasonable improvements as will best 7780, I would be happy to talk with you.
promote the public interest, preserve the public health REFERRED TO THE COMMITTEE ON LEGISLATION
and protect those using such gas." Public Service Law
§66(2). NO. 56
TH
National Fuel's practices regarding meter installations COMPLAINT 25 FLOOR ARTIST DISPLAY
and relocations are performed in accordance with the I am writing to register a complaint, in need of
Public Service Law and Regulations and with the immediate action, regarding the City's donation of the
Company's Tariff, which has been approved by the 25"' floor of City Hall to a business calling itself the
PSC and has the force and effect of State Law. The "Artists Response Movement" run by Karen Devlin and
Company has a long history of providing safe service Christopher Brown.
and has for many years worked to upgrade its aging According to Ms. Devlin, Mr. Brown, The Buffalo News,
natural gas pipeline system with new, high-density the Buffalo Spree, and the internet, City Hall has
plastic pipes. These pipes have a long lifespan and offered the 25"' Floor of City Hall to Karen and Chris for
allow us to improve system reliability by upgrading the free or reduced rates so the couple can sell their so-
gas pressure from low to medium. When we do this, called artwork. sell music CDs, and accept public
we must also move customers' gas meters outside to donations in the name of charity. The media reports
accommodate the safety device designed specifically indicate that Councilman Franczvk was instrumental in
for medium pressure gas systems. This device, called obtaining the space for the couple. However, I
a regulator, has an important safety feature which, in understand that only the Mayor's office had the
the unlikely event of a problem with the system, will authority to provide the space.
activate and safely vent natural gas. Rather than The City of Buffalo, a city on the verge of financial
allowing gas that is pressurized to a level that is not ruin, should not live its own space and resources to
compatible, or safe, for use by the appliances in this couple. Karen and Chris are intentionally
customers' homes to pass through the meter, the gas is destroying and vandalizing another building in
vented. For obvious reasons, this feature must be Buffalo and apparently scanning social programs.
located outside to ensure that natural gas can vent The property the couple continues to vandalize is a
beautiful historic home on Linwood Avenue built in
1913) by the famous architect Bethune. Simply said. School 69 - Houghton Academy
what was a beautiful home a few months a(,o, is now School 95 - Waterfront
what you see on the following photos as Attachment A, School 192 - Buffalo Traditional
maliciously destroyed by Karen and Chris. E-Rate Year 7 - Audio/ Visual
It has also come to my attention that this couple is Estimate Bid Time: December 2004
allegedly "scamming" social service agencies such Estimated Construction: January 2005
as HEAP, receiving benefits while not claiming their RECEIVED AND FILED
income on their applications. They have incomes
from this City Hall art gallery, Salvatore's, a NO. 58
veterinarian's office, large gifts from their parents, Carolina Journal Exclusive Local Government
and managing bands. They represented to the Consolidation Staffs
media that they have invested over $I 00,000. 00 of KINSTON - Consolidation, the buzz word circulating
their personal funds in the City Hall project, and in a few regions of North Carolina, is much easier said
recently received grants from Coca-Cola. How then than done, some city and county officials are finding
are they getting HEAP benefits? out.
While I am presently going through the eviction process Although smaller areas, such as Gastonia County and
to Bessemer City, are grappling with ways to merge their
have them removed from the Linwood Avenue home, I governments, the most notable cities and counties
am also deeply concerned that the City of Buffalo, with trying to create regional homogenous bureaucracies in
so many needy citizens and groups, would donate North Carolina are New Hanover County-Wilmington in
taxpayer office space and supplies, to these the Southeast and Mecklenburg County-Charlotte in the
undeserving people who intentionally destroy historic Piedmont.
property owned by Buffalo residents, and who may be In each case, the idea of merging the two entities and
scamming from programs that help those truly in need. sharing costs and mainstreaming community services,
The space should be donated to a worthy group, at programs, and policies has looked good on paper, but
least someone who is not destroying a beautiful Buffalo has met with less than an enthusiastic response from
home and possibly scamming the City. government officials and the general public.
In addition, I am concerned that City Hall is being used Absolutely no success'
for individual's private businesses. I do not believe that David M. Lawrence, professor of public law and
any personal business should he operating out of City government at UNC-Chapel Hill's School of
Hall or specifically. out of 1315 City Hall. You can see Government and an overall supporter of consolidation,
in their advertisement in Attachment B. that the couple said there has been "absolutely no success in North
is selling music CDs out of 1315 City Hall, in addition to Carolina" on consolidation. "A lot of people think the
selling art on the 25"' floor. merger of city and county makes a lot of sense in the
Please, Mr. Masiello, do not continue to waste abstract," he said. "But, it's extraordinarily difficult to
taxpayers' money on these people, and donate the build a coalition to pass it."
space to a worthy cause. Lawrence said New Hanover County and Wilmington
Please inform me of your decision, whether you are have tried to pass a referendum to consolidate in 1973,
offering the 25"' floor of City Hall to the people who did 1987, and 1995. Each attempt, however, failed.
the damage seen on the following photos attachment A. This comes as no surprise to Milan J. Dluhy, chairman
REFERRED TO THE MAYOR of the Department of Political Science at UNC-
Wilmington. About 80 percent of referendums to
No. 57 consolidate fail nationwide, he said.
Buffalo Public Schools Project (Phase I and Phase "It's an uphill fight to adopt consolidation," DIuhy said.
11) "Right now, a double majority vote is required to pass in
Buffalo Public Schools North Carolina. It's similar to the double veto in the
Phase I - Completion U.N. Security Council. As long as their political, social,
PS# 19 - November 2004 economic interests, and values differ, there will be no
PS# 31 - November 2004 positive vote in both the city and county. It needs to be
PS#38 - September 2004 a concurrent majority in both to make it work."
J. McCoy, retired director of the Urban Institute
PS# 66 - August 2004 William
PS# 67 - October 2004 at UNC-Charlotte and the leader of a panel working
PS# 74 - May 2005 toward regionalization of Mecklenburg County-
PS# 80- December 2004 Charlotte, said many government officials fear
PS# 302 - December 2004 consolidation. The officials are afraid of losing power
PS# 307 - December 2004 and try to stifle any movement toward merger.
E-Ra-te Year 5 - June 2004 "You always stir up a hornets nest when you start
Buffalo Public Schools talking about consolidation," he said. "It hasn't
Phase 11 happened here, and it isn't about to happen in the short
Schools run. It's a tough deal. It's a very hard political thing to
School 90 - Drew Science Magnet do, and I don't see it happening in the future."
School 200 - Bennett High School Towns want to keep their identity
School 82 - Early Childhood Center One of the biggest issues, he said, is that political
School 304 - Hutchinson Central leaders in smaller communities within counties think
School 37 - Futures they will lose their identity in a merger. "In the
School 6 - BEST proposals that have floated here the other smaller
School 33 - Bilingual Center towns aren't involved because they don't want to be,"
School 39 - Dr. Martin Luther King, Jr. McCoy said.
School 91- BUILD Academy
School 94 - West Hertel Academy
"They are afraid of losing their identity, and come hell or large and there probably wouldn't be any blacks
high water, they are not going to support elected."
(consolidation)." McCoy, Lawrence, and Dluhy agree that consolidation
Another concern of consolidation, he said, is the fear of cities and counties can be positive, but that it doesn't
people have of losing their government representation. necessarily mean it will save money. In fact, they said,
A study by the Research Foundation of the National studies have shown the cost for services in
Association of Industrial & Office Properties warned that consolidated areas usually increase.
the potential advantages of merging government ,'must The experts also said the most successful
be weighed against the reduction in citizen access to consolidations of governments, such as Jacksonville
government and the dilution" of citizen representation and Duval County in Florida, have risen from extremely
that typically accompany mergers of single purpose needy areas that once faced widespread political
service providers. corruption. They said counties in North Carolina don't
"Reducing the number of governments reduces citizen face that scenario today.
choices and compromises citizen preferences," the "The catalyst for consolidation is chaos or corruption,"
document said. McCoy said. "There has to be something broke to fix it
Democracy loses, consultant says and [North Carolina] doesn't have that here. The
A report on the potential benefits and risks associated reasons to consolidate aren't overwhelming enough to
with merged governments by Wendell Cox, principal of give up inertia to the opposition."
Wendell Cox Consultancy in Belleville, Ill., said Welch is a freelance contributor to Carolina Journal.
consolidated government entities were "anti-REFERRED TO THE COMMITTEE ON LEGISLATION
democratic." AND THE ERIE COUNTY LEGISLATURE AND THE
In his report, Cox explained why the fears of the public GREATER BUFFALO REGIONALISM TASK FORCE
may be warranted. He said smaller governments are
more accountable and responsive to their citizens and NO. 59
are more attuned to their communities and OPPOSE OPEN DELI-STORE AT 107 WAKEFIELD
neighborhoods. AVENUE
Conversely, Cox said, larger government bodies face The Deli-Store on at 107 Wakefield Avenue has been
daunting challenges. Not only do they diminish the closed for nearly a year. Crime and shootings continue
voice of smaller communities in their jurisdictions, he to decrease since the closing of the deli-store at the
said, regional governments are less controllable, less comer of Wakefield Avenue and Holden Street. The
successful in delivering quality public services to their reopening of this store would be a serious injustice to
residents, and are more susceptible to special- interest the residents of the Fillmore Leroy Area and the Masten
groups and interests. District.
Dluhy said land developers are one such special-I respectfully ask as Commissioner of the Buffalo Police
interest group in North Carolina that is hoping for Department that you join me and various community
government mergers to take place. "Consolidation leaders and prohibiting this store from opening.
would help developers out," he said. "it would As always, thank you for your assistance. If you have
streamline land-use regulations and they wouldn't have any questions, please give me a call at 851-5145.
to deal with different communities for land use. That's The Wakefield Block Club has been advised that the
the name of the game. They wouldn't have to deal with Police Commissioner has endorsed reopening a deli
a bunch of different jurisdictions - only one." store named Wakefield Foods located at 107 Wakefield
If developers succeed, they have a better chance of Avenue.
building and lining their pockets with cash, said authors The Wakefield Block Club and Fillmore-Leroy residents
Richard C. Feiock and Jered Carr in an article written are not pleased with Mr. Sal Almraisi naming this deli
on private incentives and public entrepreneurs dealing store "Wakefield Foods". Under no circumstance will
with the promotion of city-county consolidation. the Wakefield Avenue Block Club support or be
The authors said consolidation of governments often identified with the 107 Wakefield Avenue deli store. As
provides the vehicle to advance an economic a City of Buffalo registered block club, our first priority is
development agenda. "Developers may promote the safety and welfare of our families and children.
centralization of government because they seek the Since the closing of the 107 Wakefield deli store (Saad
empowered new government to build infrastructure and Market) in April 2004, we have not had loitering, selling
improve land to benefit the developer," they said. drugs, residents being threaten, damage to homes or
There are other downsides to consolidated government. personnel property, drug dealer retaliation by fire
Lawrence said one sticky political issue in North bombing homes, shootings which has resulted in
Carolina is that most cities currently have nonpartisan homicide. Our community does not need another deli
elections, while most counties have partisan elections. store especially on the comer of Holden and Wakefield.
He said it would be difficult -to arrive-at a consensus This is where children take the bus to City of Buffalo
that would merge both entities into one voting process. schools and a newly-built charter school in Central Park
Dluhy said another potential pitfall of consolidation is Plaza. Due to past high levels of crime involving the
dilution of the black vote because the majority of blacks deli store it places the community children and families
live within city limits, where they have concentrated at high risk of being victimized.
voting power. We have the support of Councilmember Antoine
Once all the residents in the county are brought Thompson, Commissioner Don Allen, Pat Sole,
together, he said the influence of a cohesive black vote Supervisor, Deli Store Licenses, Commissioner Ray
could become obsolete. McGurn office, Richard Balesteri, Housing Inspector,
"There is a racial undertone to creating a metro, and it Rev. Dexter McIlwain, Elm Christian Fellowship
is part of the structural consideration," Dluhy said. Church, Flare Community Center to permanently close
"There is a chance there wouldn't be any blacks on a this location as an operating deli store.
new metro-commission because the vote would be at-We would like for you to reconsider your decision and
join the Wakefield Block Club and other parties under
the Mayor Masiello's administration to prohibit a deli REQUEST FOR STUDY OF TRAFFIC CONCERNS
store license to be issued for the property at 107 SURROUNDING BUFFALO UNITED CHARTER
Wakefield Avenue (comer of Wakefield & Holden). SCHOOL
Therefore, we would like for you to reverse and submit Please file the attached documents for the
your decision to Pat Sole, Deli Store License next Common Council meeting on October 5, 2004.
Supervisor. My name is David Bouie, and I am the Principal of
REFERRRED TO THE COMMITTEE ON Buffalo United Charter School. This letter concerns the
LEGISLATION THE DIRECTOR OF LICENSES AND traffic situation at my school that has taken place since
THE COMMISSIONER OF PUBLIC WORKS AND THE its' opening in September 2003.
COMMISSIONER OF POLICE Presently, Buffalo United Charter School has 405
students, grades K-5. We will continue to add on one
NO. 60 grade level each year until we have 680 students,
SECTION 3 PROGRAM grades K-8. Our normal school day begins at 7:45 and
Please file the attached documents for the next ends at 3:00pm. The Buffalo Board of Education does
Common Council meeting on October 5, 2004. not provide bussing for our students. Therefore most
REFERRED TO THE MINORITY BUSINESS students are driven to school by an adult, take the
ENTERPRISE COMMITTEE Metro Bus, or walk to school every day.
The problem I would like to address is that between the
NO. 61 hours of 7:40- 8:15am and 2:50-3:25pm, traffic
THE HISTORY OF PUBLIC SCHOOLS IN surrounding the school becomes congested. The
CHARLOTTE-MECLENBERG school is located on Manhattan Ave. where Mercer
Please file the enclosed item with the Council for Ave., Manhattan St. and East Amherst St. meet. There
review at the next council meeting is an existing stop sign on Manhattan Ave. facing where
scheduled on October 5, 2004 at 2pm. Mercer Ave. merges. I also have a crossing guard at
REFERRED TO THE COMMITTEE ON EDUCATION the comer of Manhattan Ave and East Amherst Street
AND THE GREATER BUFFALO REGENCY TASK during the rush hours mentioned above.
FORCE There have been many automobile accidents at the
comer of Manhattan Ave. and East Amherst St.
NO. 63 Fortunately, there has not been a fatal accident as of
2004 MEMBERSHIP FOR THE BUILDING AND yet. With the increasing number of students attending
CONSTRUCTION TRADES COUNCIL OF BUFFALO, Buffalo United, there needs to be a more secure system
NEW YORK AND VICINITY in place that will ensure safe travel to and from this
Please file the attached documents for the next school.
Common Council meeting on October 5, 2004. I am requesting someone from your office, or a city
REFERRED TO THE MINORITY BUSINESS official, come out to investigate the traffic issues at
ENTERPRISE COMMITTEE Buffalo United Charter School. To keep our students,
parents, and Bennett High School students (who
NO. 62 happen to walk through the cars during rush times)
J. POPIELSKI-UNSOLVED HOMICIDES MEETING safe, I am proposing the following ideas:
I just want to applaud your efforts in engaging the *A traffic light installed at the comer of Manhattan Ave.
community this evening in such a strategic meeting - and East Amherst St. *In lieu of a traffic light, a four-
this issue is very dear to my heart and unfortunately I way stop sign.
cannot attend this evening's meeting. *A sidewalk constructed on the West side of Manhattan
On September 18, 1970 my father, Harry Popielski, was Ave. leading to East Amherst St. (Presently students
senselessly shot and killed at our neighborhood tavern, and parents are forced to walk in the street).
Harry's Little Casino, right on the corner of Peckham *Crosswalks painted on all three streets.
and Shumway Streets on the East Side of Buffalo. This *A yield sign placed on the intersection of Mercer and
not only was a blow to my mother and 1, but it sent our Manhattan Ave.
neighborhood reeling as we were all working together *School Crossing signs on Manhattan Ave., Mercer
as a community during the turbulent times of the 60's Ave., and East Amherst St.
and 70's with civil rights issues and the war in Vietnam. Please consider these requests. The safety of the
To my knowledge the perpetrator of the crime has children and adults at this extremely busy intersection is
never been caught. Everytime I watch the news or hear very important. I will be calling you in the near future to
of another victim of a senseless murder, I can't help but further discuss this urgent situation. Thank you.
wonder if it is somehow connected to my father's REFERRED TO THE COMMITTEE ON LEGISLATION
murder. Is the perpetrator already serving time for AND THE COMMISSIONER OF PUBLIC WORKS
another crime and I just don't know it? I can emphasize
with families that suffer such losses and have no
PETITIONS
opportunity for closure. I wonder what makes one
police investigation more important than another? Is
No. 65
not all human life precious regardless of economic
M. Luciano, Owner, 256 Allen for Outdoor
background, race, education, political affiliation, or
Patio
status in life? Is there a time limit on police
(HRG 10/12)
investigations regarding such cases? These are
REFERRED TO THE COMMITTEE ON
questions that our community does need answers to in
LEGISLATION, THE CITY PLANNING
order to be able to move on as a community and in their
BOARD AND THE CORPORATION
own personal lives.
COUNSEL
RECEIVED AND FILED
NO. 64
NO. 66
S. DAY, OWNER, USE 44 ALLEN FOR OUTDOOR DOG PROBLEMS IN THE CITY OF BUFFALO (C.
PATIO CLK.)
(HRG 10/12) (CCP#65-7/20)
REFERRED TO THE COMMITTEE ON LEGISLATION, That the above item be and the same hereby is
THE CITY PLANNING BOARDAND THE received and filed.
CORPORATION COUNSEL ADOPTED
NO. 67 NO. 75
R. HARPER, AGENT, USE 1672 CLINTON ST DOG PROBLEMS IN COB (PERMITS/INSP.)
(HRG 10/12) (CCP#85-9/7)
REFERRED TO THE COMMITTEE ON LEGISLATION, That the above item be and the same hereby is
THE CITY PLANNING BOARDAND THE received and filed.
CORPORATION COUNSEL ADOPTED
NO. 68 NO. 76
RANDY ATLAS, AGENT USE 1243 DELAWARE , 2 DOG PROBLEMS (HR)
GROUND SIGNS (CCP#97-9/7)
The attached is for Common Council Approval; but That the above item be and the same hereby is
per Permits, no public hearing is required. received and filed.
REFERRED TO THE COMMITTEE ON LEGISLATION, ADOPTED
THE CITY PLANNING BOARD AND CORPORATION
COUNSEL. NO. 77
NOTICES OF APPOINTMENTS-TEMP/PROV/PERM
REGULAR COMMITTEES (ITEM NO. 42-C.C.P. SEPT.21, 2004)
CIVIL SERVICE That Communication 42, Sept. 21, 2004 be received
(BONNIE E. RUSSELL, CHAIRPERSON) and filed and the permanent appointment of Alvina J.
NO. 69 Zielinski stated above at the minimum salary of $26,270
APPT.-HOMELAND SECURITY COORDINATOR effective on September 15, 2004 is hereby approved.
(MAX) (FIRE) PASSED
(CCP#74-9/28) AYES - 9 - NOES - 0
That the above item be and the same hereby is
received and filed.
ADOPTED FINANCE
(BRIAN C. DAVIS, CHAIRMAN)
NO. 70 NO. 78
APPT.-IN REM SPECIALIST (INTER) (ASSESS) FEDERAL FORM 1099S FOR CALENDAR YEARS
(CCP#17-9/21) 2002 & 2003 (COMPT.)
That the above item be and the same hereby is (CCP# 1 1-7/6)
received and filed. That the above item be and the same hereby is
ADOPTED received and filed.
ADOPTED
NO. 71
APPT.-PRINCIPAL ASSESSOR (MAX) (ASSESS) NO. 79
(CCP#18-9/21) ABATEMENT OF ACCOUNTS RECEIVABLE
That the above item be and the same hereby is INVOICES FROM MUNIS
received and filed. (ITEM NO. 39, C.C.P., MAR. 30, 2004)
ADOPTED Mr. Davis moved that the above item be recommitted
to the Committee on
NO. 72 Finance.
APPT.-SENIOR TAX CLERK (MAX) (ASSESS) ADOPTED.
(CCP#19-9/21)
That the above item be and the same hereby is NO. 80
received and filed. ABATEMENT OF ACCOUNTS RECEIVABLE
ADOPTED INVOICES (BUDGET)
(ITEM NO. 36, C.C.P., JUNE 22, 2004)
NO. 73 Mr. Davis moved that the above item be recommitted to
APPOINTMENT the Committee on
STREET WORKER (INTER) (CORRECTED COPY) Finance.
(PW) ADOPTED.
(ITEM NO. 30-C.C.P. SEPT.21, 2004)
That Communication 30, Sept. 21, 2004 be received
and filed and the permanent appointment of Jeffrey
Mathewson stated above at the intermediate salary of NO. 81
$27,672 effective on May 17, 2004 is hereby approved. PERMISSION TO TRADE-IN VARIOUS VEHICLES -
PASSED DIV. OF STREETS AND SAIFITATION (ITEM NO. 50,
AYES - 9 NOES - 0 C.C.P., JULY 20, 2004)
That the Commissioner of Public Works, Parks and
NO. 74 Streets, be, and he hereby I authorized to trade-in the
equipment as in the above communication, to
listed
Buffalo Truck Center, Inc., as credit towards a new NO. 89
2005 Volvo VHD64 tandem axle dump chassis. REQ. FOR INFO.-KLEINHANS, SHEA'S & ZOO (PW)
PASSED (CCP#27-9/2 1)
AYES - 9 NOES - 0 That the above item be and the same hereby is
received and filed.
NO. 82 ADOPTED
DRUG ASSET FORFEITURE CHECKS RECEIVED
(POL) NO. 90
(CCP#29-7/6) OPPOSE NATIONAL FUEL DELIVERY SERVICE
That the above item be and the same hereby is CHARGE RATE INCREASE (FINAL RES)
received and filed. (CCP#173-9/21)
ADOPTED That the above item be and the same hereby is
received and filed.
NO. 83 ADOPTED
DRUG ASSET FORFEITURE CHECKS RECEIVED
($12,840.42) (POL) LEGISLATION
(CCP#31-9/21) (RICHARD A. FONTANA, CHAIRMAN)
That the above item be and the same hereby is
received and filed. NO. 91
ADOPTED L. MCCLIVE, PETITION TO USE 864 DELAWARE
AVENUE - GROUND SIGN
NO. 84 (ITEM NO. 59, C.C.P., SEPT. 21, 2004)
FOURTH QUARTERLY RPT. ON DIV. OF SUB.
ABUSE SERVICES (COM. SVS.) That the petition of L. McClive, agent, for permission
(CCP#96-9/7) to use 864 Delaware Avenue for a ground sign be, and
That the above item be and the same hereby is hereby a approved.
received and filed. PASSED
ADOPTED AYES - 9 NOES - 0
NO. 85 No. 92
R. FONTANA-M. SKOTARCZAK-TELCOVE AS B. Davis-D. Murphy & 0 Pet Req SLA Invest
TELECOMMUNICATIONS PROVIDER Franks Bar 256 Allen
(CCP#51-6/8) (ccp4 61,6/22)
That the above item be and the same hereby is That the above item be and the same hereby is
received and filed. Received and Filed
ADOPTED ADOPTED
NO. 86 NO. 93
TELCOVE AS TELECOMMUNICATIONS PROVIDER B. DAVIS-D. MURPHY & 0 PET REQ SLA INVEST
(PW) FRANKS BAR 256 ALLEN
(CCP#51-7/20) (CCP# 57,7/20)
That the above item be and the same hereby is That the above item be and the same hereby is
received and filed. Received and Filed
ADOPTED ADOPTED
NO. 87 NO. 94
TELECOVE AS TELECOMMUNICATIONS PROVIDER B. CARR-SPCA-CONCERNS-RES MANDATORY
(ITEM NO. 28, C.C.P., SEPT. 21, 2004) SPAY/NEUTER FOR IMPOUNDED DOGS
That the above item be, and the same hereby is (CCP4 47,9/2 1)
returned to the Common Council without That the above item be and the same hereby is
recommendation. Received and Filed
Mr. Davis moved that the above item be referred to the ADOPTED
Committee on Legislation.
ADOPTED NO. 95
SUPPORT FOR BUFFALO SPECIAL POLICE
NO. 88 VOLUNTEERS
BLOCK GRANT FUND TRANSFER - OVERLAY OFC (ITEM NO. 102, C.C.P., FEB. 17, 2004)
ITY PAVEMENTS 2004 That the above item be, and the same hereby is
CDBG REIMBURSEMENT returned to the Common Council without
(ITEM NO. 43, C.C.P., SEPT. 7, 2004) recommendation.
(ITEM NO. 24, C.C.P., SEPT. 21, 2004) Mr. Fontana moved
That the Comptroller be and he hereby is authorized to That the Common Council of the City of Buffalo does
deposit I - 0 million into a revenue account for Overlay hereby go on record in support of the efforts of the
of City Pavements, transferred from the Buffalo Urban Buffalo Special Police Volunteers.
Renewal Agency. ADOPTED
PASSED
AYES - 9 NOES – 0 NO. 96
BUFFALO SPECIAL POLICE VOLUNTEERS (LAW)
(ITEM NO. 40, C.C.P., APR. 13, 2004)
That the above item be, and the same hereby is That after the public hearing before the Committee on
returned to the Common Council without Legislation on September 14, 2004, the Ordinance
recommendation. Amendment as contained in Item No. 242, C. C.P.,
Mr. Fontana moved that the above item be recommitted July 20, 2004, be and the same hereby is approved.
to the Committee on PASSED
Legislation AYES - 9 NOES - 0
ADOPTED.
NO. 104
NO. 97 ORDINANCE AMENDMENT - CHAPTER 511 -
USED CAR DEALER LIC'E'NSE - 160 ABBOTT ZONING (DELAWARE REVIEW)
(ITEM NO. 43, C.C.P., MAY 25, 2004) (ITEM NO. 243, C.C.P., JULY 20, 2004)
That pursuant to Chapter 254 of the City Code, the (ITEM NO. 102, C.C.P., SEPT. 21, 2004)
Commissioner of Permit & Inspections Services be, and That after the public heating before the Committee' on
he hereby is denying the above application. Legislation on September 14, 2004, the Ordinance
ADOPTED Amendment as contained in Item No. 243, C.C.P.,
July 20, 2004, be and the same hereby is approved.
NO. 98 PASSED
R. BULLOARO-PARKING BAN PROBLEM AYES - 9 NOES - 0
LOVEJOY DISTRICT
(CCP# 51,12/23) NO. 105
That the above item be and the same hereby is ORDINANCE AMENDMENT - CHAPTER 511 -
Received and Filed ZONING (ELMWOOD REVIEW)
ADOPTED (ITEM NO. 244, C.C.P., JULY 20, 2004)
(ITEM NO. 103, C.C.P., SEPT. II 2004)
NO. 99 That after the public hearing before the Committee on
PARKING BAN PROBLEM LOVEJOY DISTRICT Legislation on September 14,2004, the Ordinance
(CCP# 31,04/13) Amendment as continued in Item No. 244, C.C.P.,
That the above item be and the same hereby is July 20, 2004, be and the same hereby is approved.
Received and Filed PASSED
ADOPTED AYES - 9 NOES - 0
NO. 100 NO. 106
REV. D. GILLSON - BFLO RAIDERS LIT LEAGUE ORDINANCE AMENDMENT - CHAPTER 511 -
FTBL EMERSON PK RESTROOM/CONC ZONING (ALLEN DISTRICT)
(CCP# 74, JULY 20, 2004) (ITEM NO. 245, C.C.P., JULY 20, 2004)
That the above item be and the same hereby is (ITEM NO. 104, C.C.P., SEPT. 21, 2004)
Referred to the Committee on Finance That after the public hearing before the Committee on
ADOPTED Legislation on September 14, 2004, the Ordinance
Amendment as contained in Item No. 245, C.C.P.,
NO. 101 July 20, 2004, be and the same hereby is approved.
ORDINANCE AMENDMENT - CHAPTER 511 - PASSED
ZONING (LEGISLATIVE.) AYES - 9 NOES - 0
(ITEM NO. 240, C.C.P., JULY 20, 2004)
(ITEM NO. 99, C.C.P., SEPT. 21, 2004) NO. 107
That after the public hearing before the Committee on ORDINANCE AMENDMENT - CHAPTER 511 -
Legislation on September 14, 2004 the Ordinance ZONING (SPECIAL DELAWARE)
Amendment as contained in Item No. 240, C.C.P., July (ITEM NO. 246, C.C.P., JULY 20, 2004)
20, 2004, be and the same hereby is approved. (ITEM NO. 105, C.C.P., SEPT. 21, 2004)
PASSED That after the public hearing before the Committee on
AYES - 9 NOES - 0 Legislation on September 14, 2004, the Ordinance
Amendment as contained in Item No. 246, C. C.P.,
NO. 102 July 20, 2004, be and the same hereby is approved.
ORDINANCE AMENDMENT - CHAPTER 511 - PASSED
ZONING (STOP-WORK) AYES - 9 NOES - 0
(ITEM NO. 241, C.C.P., JULY 20, 2004)
(ITEM NO. I 00, C.C.P., SEPT. 21, 2004) NO. 108
That after the public hearing before the Committee on ORDINANCE AMENDMENT - CHAPTER 511 -
Legislation on September 14, 2004, the Ordinance ZONING (RESIDENTIAL OVERLAY)
Amendment as contained in Item No. 24 1, C. C.P., (ITEM NO. 247, C.C.P., JULY 20, 2004)
July 20, 2004, be and the same hereby is approved. (ITEM NO. 106, C.C.P., SEPT. 21, 2004)
PASSED That after the public hearing before the Committee on
AYES - 9 NOES - 0 Legislation on September 14, 2004, the Ordinance
Amendment as contained in Item No. 247, C.C.P.,
NO. 103 July 20, 2004, be and the same hereby is approved.
ORDINANCE AMENDMENT - CHAPTER 5 11 -PASSED
ZONING (DEFINITIONS) AYES - 9 NOES - 0
(ITEM NO. 242, C.C.P., JULY 20, 2004)
(ITEM NO. 101, C.C.P., SEPT. 21, 2004) NO. 109
ORDINANCE AMENDMENT - CHAPTER 511 -
ZONING (SOUTH PARK)
(ITEM NO. 248, C.C.P., JULY 20, 2004) NO. 115
(ITEM NO. 107, C.C.P., SEPT. 21, 2004) ORDINANCE AMENDMENT - CHAPTER 511 -
That after the public hearing before the Committee on ZONING (PERMANENT)
Legislation on September 14, 2004, the Ordinance (ITEM NO. 256, C.C.P., JULY 20, 2004)
Amendment as contained in Item No. 248, C. C.P., (ITEM NO. 11 5, C.C.P., SEPT. 21, 2004)
July 20, 2004, be and the same hereby is approved. That after the public hearing before the Committee on
PASSED Legislation on September 14, 2004, the Ordinance
AYES - 9 NOES - 0 Amendment as contained in Item No. 256, C.C.P.,
July 20, 2004, be and the same hereby is approved.
PASSED
NO. 110 AYES - 9 NOES - 0
ORDINANCE AMENDMENT - CHAPTER 51I -
ZONING (ABBOTT/MCKINLEY) NO. 116
(ITEM NO. 249, C.C.P., JULY 20, 2004) ORD AMEND CHAPTER 511 ZONING 511-93
(ITEM NO. I 08, C.C.P., SEPT. 21, 2004) STORAGE OF MOTOT VEHICLES (HRG
That after the public hearing before the Committee on 9/21)(#258,7/20)
Legislation on September 14, 2004, the Ordinance (CCP# 117,09/21)
Amendment as contained in Item No. 249, C.C.P., That the above item be and the same hereby is
July 20, 2004, be and the same hereby is approved. Received and Filed
PASSED ADOPTED
AYES - 9 NOES - 0
NO. NO. 117
NO. 111 ORDINANCE AMENDMENT - CHAPTER SI I -
ORDINANCE AMENDMENT - CHAPTER 511 - ZONING (SPACE) (ITEM NO. 259, C.C.P., JULY 20,
ZONING (SENECA) (ITEM NO. 250, C.C.P., JULY 20, 2004) (ITEM NO. II 8, C.C.P., SEPT. 21, 2004)
2004) (ITEM NO. 109, C.C.P., SEPT. 21, 2004) That after the public hearing before the, Committee on
That after the public hearing before the Committee on Legislation on September 14, 2004, the Ordinance
Legislation on Amendment as contained in Item No. 259, C.C.P.,
September 14, 2004, the Ordinance Amendment as July 20, 2004, be and the same hereby is approved.
contained in Item No. 25 0, C. C.P., PASSED
July 20, 2004, be and the same hereby is approved. AYES - 9 NOES - 0
PASSED
AYES - 9 NOES - 0 NO. 118
ORDINANCE AMENDMENT - CHAPTER.5 I I -
NO. 112 ZONING (ADDITIONAL DEF
ORDINANCE AMENDMENT - CHAPTER 511 - (ITEM NO. 261, C.C.P., MY 20, 2004)
ZONING (APPLICATION) (ITEM NO. 120, C.C.P., SEPT. 21, 2004)
(ITEM NO. 25 1, C.C.P., MY 20, 2004) That after the public hearing before the Committee on
(ITEM NO. II 0, C.C.P., SEPT. 21, 2004) Legislation on September 14, 2004, the Ordinance
That after the public hearing before the Committee on Amendment as contained in Item No. 26 1, C. C.P.,
Legislation on September 14, 2004, the Ordinance July 20, 2004, be and the same hereby is approved.
Amendment as contained in Item No. 25 1, C.C.P., PASSED
My 20, 2004, be and the same hereby is approved. AYES - 9 NOES - 0
PASSED
AYES - 9 NOES - 0 NO. 119
ORDINANCE AMENDMENT - CHAPTER 511 -
NO. 113 ZONING (EXEMPT) (ITEM NO. 262, C.C.P., JULY 20,
ORDINANCE AMENDMENT - CHAPTER 511 - 2004) (ITEM NO. 12 1, C.C.P., SEPT. 21, 2004)
ZONING (REVIEW) (ITEM NO. 252, C.C.P., JULY 20, That after the public hearing before the Committee on
2004) (ITEM NO. I I 1, C.C.P., SEPT. 21, 2004) Legislation on September 14, 2004, the Ordinance
That after the public hearing before the Committee on Amendment as contained in Item No. 262, C.C.P.,
Legislation on September 14, 2004, the Ordinance July 20, 2004, be and the same hereby is approved.
Amendment as contained in Item No. 252, C.C.P., PASSED
July 20, 2004, be and the same hereby is approved. AYES - 9 NOES - 0
PASSED
AYES - 9 NOES - 0 NO. 120
ORDINANCE AMENDMENT - CHAPTER 511 -
NO. 114 ZONING (DOMESTIC) (ITEM NO. 263, C.C.P., JULY
ORDINANCE AMENDMENT - CHAPTER 511 - 20, 2004) (ITEM NO. 122, C.C.P., SEPT. 21, 2004)
ZONING (TEMPORARY) That after the public hewing before the Committee on
(ITEM NO. 255, C.C.P., JULY 20, 2004) Legislation on September 14, 2004, the Ordinance
(ITEM NO. 114, C.C.P., SEPT. 21, 2004) Amendment as contained in Item No. 263, C. C.P., July
That after the public hearing before the Committee on 20, 2004, be and the same hereby is approved.
Legislation on PASSED
September 14,2004, the Ordinance Amendment as AYES - 9 NOES - 0
contained in Item No. 255, C.C.P.,
July 20, 2004, be and the same hereby is approved. COMMUNITY DEVELOPMENT
PASSED (JOSEPH GOLOMBEK JR., CHAIRMAN)
AYES - 9 NOES - 0 NO. 121
RESULTS NEG 336 EMSLIE, 592 WILLIAM, 596 INSPECTIONS, THE CITY PLANNING BOARD AND
WILLIAM (# 95,6/22)(# 14,3/30) (# 146,7/20)(STRAT THE PRESERVATION BOARD
PLAN)(ELLICOTT)
(CCP# 155,9/21) NO. 124
that the above item be and the same hereby is Referred SPONSOR: MR. COPPOLA
to the Committee on Finance CO-SPONSOR: MR. GOLOMBEK, MR. DAVIS,
ADOPTED MS. RUSSELL
NEW YORK STATE COMPTROLLER REVIEW OF
NO. 122 THE PROPOSED MERGER OF THE CITY OF
C. SANSONE-CO. ERIE DEPT. EVN. PLAN SEQR BUFFALO WATER FINANCE AUTHORITY WITH THE
REV CONST FRANK LOYD WRIGHT RIGHT ERIE COUNTY WATER AUTHORITY
ROWHOUSE LAND TRANSF Whereas: The Erie County Water Authority
(CCP# 56,09/21) and the City of Buffalo Water Finance Authority, Water
That the above item be and the same hereby is Board and the Mayor's office have been exploring
Received and Filed consolidation of the operations of their respective water
ADOPTED systems; and
Whereas: The Erie County Water Authority
RESOLUTIONS has tendered a merger proposal to the City and has
NO. 123 had explored financing opportunities that would be
SPONSOR: MR. COPPOLA critical to such an endeavor; and
CO-SPONSOR: MR. BONIFACIO, MR. GOLOMBEK, Whereas: The complexities of the financing,
MR. GRIFFIN & MR. FRANCZYK operation, and consolidation agreements that are
DEMOLITION POLICY FOR THE CITY OF BUFFALO involved in this proposal should not be taken lightly or
Whereas: There has been much concern be acted upon impulsively; and
over the years with regard to the demolition of certain Whereas: Given the current climate of erratic
residential and commercial properties within the city; rate increases being borne by City water customers and
and the claim that the proposed consolidation with the Erie
Whereas: While the city has adopted a policy County Water Authority will result in improved
requiring formal and informal review and consideration infrastructure and more stable rates, it is imperative that
before issuing demolition permits, regardless of the City officials begin to evaluate the proposal before
preservation designation, issues regarding proposed us; and
re-uses for particular parcels still remain; and Whereas: That a separate and impartial
Whereas: While there may be no process that review of the financing, and rate structure cited in this
can resolve every issue and concern that may arise proposal would be of great benefit to all involved; and
from the proposed demolition of certain properties in Whereas: The New York State Comptroller
the City of Buffalo, especially in recognition of the city's would bring impartiality, staffing, and most importantly,
extensive inventory of great architectural treasures, the his knowledge and experience in the conduct of his
process can afford further review and consideration of review process, and as is ours, his primary
alternatives. responsibility will be to recommend what is in the best
Now therefore be it resolved that: interest of the ratepayers, both City and County.
That the Common Council requests that the Now Therefore Be It Resolved:
Department of Permits and Inspection Services The City of Buffalo Common Council hereby requests
establish a policy that: the assistance of the New York State Comptroller, Mr.
1. Once an application for demolition is completed, there Hevesi, to undertake a review of the proposed water
is a Fifteen (1 5) day waiting period before the actual merger of the City of Buffalo and Erie County Water
permit is issued to applicant, Authorities culminating in recommendations and
2. Requires demolition applicants to post a "Notice of comments as to the advantages and disadvantages to
Intent to Demolish" on the building for a period not less the customers and governing bodies of the respective
than 7 days, authorities; and
3. A RE-USE plan for the site must be submitted at the Be It Further Resolved:
time application is made; and Certified copies of this resolution are forwarded to the
Be it further resolved that: New York State Comptroller, the Ede County Water
Such a policy is not in contrast or contradiction of Authority, the City of Buffalo Water Finance Authority,
demolition policies currently in effect and is to be used Buffalo Water Board, and the Mayor of the City of
in addition to those policies; and Buffalo.
Be it further resolved that: ADOPTED
This policy is not in contrast or contradiction, and is not
meant to substitute current policies regarding NO. 125
preservation districts and historically protected BY: COUNCILMEMBERS DAVIS AND GOLOMBEK
structures; and EXCHANGE AND TRANSFER OF LAND
Be further resolved that: 860 HERTEL AVE. AND 575 DELAWARE AVE.
The commissioner of Permits and Inspection Services BUFFALO URBAN RENEWAL AGENCY AND
file his response to this resolution no later than 2:00 PM BENDERSON DEVELOPMENT, INC.
on Thursday, October 28, 2004; and WHEREAS, the City Clerk has published a Notice of
Be it finally resolved that: Public Hearing, as required by Section 507,
This resolution be referred to the Council's Committee Subdivision 2(d) of the "General Municipal Law" and
on Legislation for further consideration. WHEREAS. the terms of the exchange and transfer of
REFERRED TO THE COMMITTEE ON LEGISLATION, land has been duly submitted to this Common Council
THE COMMISSIONER OF PERMITS AND by the Buffalo Urban Renewal Agency-, and
NOW, THEREFORE, BE IT RESOLVED:
1. That the Mayor, the Chairman, Vice-Chairman, or any Development, Inc, have negotiated the transfer of 575
officer of the Buffalo Urban Renewal Agency is hereby Delaware Avenue from BURA to Benderson
Development, inc. for One 1. 00) and other
authorized to execute any and all deeds necessary to Dollar ($
effectuate the transfer of 575 Delaware Avenue to considerations. The other considerations are the
Benderson Development, Inc. and/or other legal entity transfer of title to 860 Hertel Avenue from Benderson
to be formed in accordance with the terms of said Development, Inc. to BURA for One Dollar ($1.00) and
transfer and exchange for the consideration recited a ten (10) year public parking casement at 575
therein. Delaware Avenue.
REFERRED TO THE COMMITTEE ON COMMUNITY WHEREAS, the terms of said exchange and transfer
DEVELOPMENT have been approved by BURA. and
WHEREAS, said terms of stated exchange and transfer
NO. 126 have been forwarded by BURA to this Comnion Council
SPONSOR: MR. DAVIS for action', pursuant to section 507, subdivision 2(d) of
CREATING A SHARED ASSET FORFEITURE FUND the General Municipal Law, and
(SAFF) WHEREAS, Article 15A of the "General Municipal Law"
Whereas: The seizing of assets from drug requires that the disposition and acquisition of land may
dealers has been a useful tool in fighting the war be approved only after a public hearing on due notice.
against drugs; and THEREFORE, BE IT RESOLVED:
Whereas: The negative impact of drug abuse 1. That the City Clerk is hereby directed to publish the
is felt directly in the streets and neighborhoods in the notice attached hereto and marked "Notice of Hearing"
city of Buffalo; and in the Buffalo News, no later than the 9th day of
Whereas: Many cities and counties utilize a October 2004.
portion of drug asset forfeiture funds to directly assist 2-That this Common Council will conduct a Public
communities impacted by drugs; and Hearing on the matter stated in said "Notice of Hearing"
Whereas: Monroe County Florida in 1999 at 2:00 P.M. in the Council Chambers on the 19'h of
established a Shared Asset Forfeiture Fund which October 2004.
distributes the interest earned on forfeiture funds in the ADOPTED
form of grants to eligible community groups; and
Whereas: In Monroe County Florida, an NO. 128
advisory board consisting of seven members, five BY: MR. DAVIS
appointed by the County Legislature and two selected TRANSFER OF FUNDS
by the Sheriff, reviews grant applications and makes COMMON COUNCIL - LEGISLATIVE
funding recommendations to the Monroe County That pursuant to §20-12 of the Charter and the
Legislature; and Certificate of the Mayor and the Comptroller submitted
Whereas: In 2003, $130,000 was distributed to the Common Council, the sum of $650 be and the
to 18 community organizations with dollar amounts same is hereby transferred within Common Council
ranging from $2,500 to $9,000. In 2004, $197,000 was Legislative and said sum is hereby reappropriated as
available for grants limited to Crime prevention, Drug set forth below:
abuse prevention and Mental and physical health care From:
for minors; and Legislative - Personal Services
Whereas: In St. Petersburg Florida, $83,000 10102001-412002 Hourly Salary $650
was distributed to community organizations in 2002; To:
and Common Council Legislative
Whereas: As community groups play an 101 10004 - 458001 Transportation $270
important role in crime prevention and drug abuse 101 10004 - 458002 Meals/Lodging $380
prevention, a similar program should be established in $650
the city of Buffalo with members appointed by the PASSED
Common Council and the Buffalo Police Department; AYES - 9 NOES - 0
Now Therefore Be It Resolved:
That the Common Council supports the creation of a NO. 129
Shared Asset BY MR. DAVIS
Forfeiture Fund in the city of Buffalo. TRANSFER OF FUNDS
Be It Further Resolved: COMMON COUNCIL - LEGISLATIVE
That a copy of this resolution be forwarded to the That pursuant to §20-12 of the Charter and the
Buffalo Police Department for their comments. Certificate of the Mayor and the Comptroller submitted
Be It Finally Resolved. to the Common Council, the sum of $25,000 be and the
That this resolution be forwarded to an appropriate same is hereby transferred within Common Council
Committee of the Council for further consideration. Legislative and said sum is hereby reappropniated as
st
ADOPT 1 RESOLVE THE REMAINDER REFERRED set forth below:
TO THE COMMITTEE ON FINANCE From:
NO. 127 Common Council
BY: COUNCILMEMBERS DAVIS AND GOLOMBEK Legislative - Personal Services
SET PUBLIC HEARING 10111001 411001 Annual Salaries
EXCHANGE AND TRANSFER OF LAND - 860 $25,000
HERTEL AVE. AND 575 DELAWARE - BUFFALO To:
URBAN RENEWAL Common Council Legislative
AGENCY AND BENDERSON DEVELOPMENT, INC. 10102001-412002 Hourly Salary
WHEREAS, the City of Buffalo Urban Renewal Agency $25,000
(hereinafter referred to as BURA) and Benderson PASSED
AYES - 9 NOES - 0 D. The outside storage of snowmobiles and
similar recreational vehicles on private property is
NO. 130 prohibited.
BY: BRIAN C. DAVIS It is hereby certified, pursuant to Section 3-19 of the
PERMISSION TO HANG A BANNER ACROSS Charter of the City of Buffalo, that the immediate
DELAWARE AVENUE passage of the foregoing ordinance is necessary.
Whereas: The organizers of the Trinity White APPROVED AS TO FORM
Elephant Sale is requesting permission to temporarily Corporation Counsel
hang a banner across Delaware Avenue in front of REFERRED TO THE COMMITTEE ON LEGISLATION
Trinity Episcopal Church located at 371 Delaware
Avenue; and NO. 132
Whereas: The said organizer would like the SPONSOR: MR. GOLOMBEK & MR.
banner to be displayed from October 23, 2004 through BONIFACIO
November 14, 2004; and AN APPEAL TO THE FEDERAL GOVERNMENT FOR
Whereas: The organizers of the Trinity White DEMOLITION FUNDING
Elephant Sale are familiar with the banner Whereas: According to the city of Buffalo Draft
requirements, and will purchase the necessary bond Comprehensive Plan dated June 23, 2003, 22,854
before the banner is hung. housing units in Buffalo are vacant or abandoned (1
Now, Therefore, Be It Resolved: 5.7% of Buffalo's housing); and
That the Common Council of the City of Buffalo grants Whereas: 22,854 housing units equates to
permission to the organizers of the Trinity White approximately 1 1,000 homes, as many homes in the
Elephant Sale to hang a banner at said location city are two or three unit properties; and
advertising the event; and Whereas: The city's Draft Comprehensive Plan sets a
Be It Finally Resolved: goal of demolishing 500 residential buildings per year,
That the banner meets all the requirements of the in an effort to achieve a vacancy rate of five percent;
Department of Public Works Streets and Parks and that and
no existing laws are violated. Whereas: The large number of vacant and abandoned
PASSED homes constitutes a serious quality of life problem for
AYES - 9 NOES - 0 city residents, and also constitutes a drain on police
and fire resources that spend significant time
NO. 131 responding to calls regarding these properties; and
BY: MR. FONTANA Whereas: While rehabilitation and preservation of
ORDINANCE AMENDMENT housing is important, the fact of the matter is that many
CHAPTER 51 1, ZONING vacant and abandoned homes are beyond saving and
The Common Council of the City of Buffalo does hereby present serious health and safety concerns; and
ordain as follows: Whereas: Buffalo's housing stock is one of the oldest in
That the Code of the City of Buffalo be amended to the nation and at one time housed a population of
read as follows: 600,000 compared to today's population of under
§511-93. Storage of motor vehicles. 300,000; and
A. The outside storage on private property is Whereas: Many of the abandoned and vacant homes
prohibited of any unregistered and/or unlicensed motor lack driveways, garages, basements, sufficient yard
vehicle for a period longer than I 0 days, unless such space and sufficient room sizes sought by home
unregistered and/or unlicensed motor vehicle, purchasers today; and
notwithstanding the year in which the same shall have Whereas: Revitalizing the city of Buffalo, requires the
been manufactured, has affixed a current New York removal of abandoned and vacant housing which will
State Inspection sticker, and is, at all times while being allow for the elimination of doubles thereby increasing
stored, kept in such condition and maintained with such the number of owner occupied properties; allow for the
equipment that it will meet the minimum requirements homesteading of vacant lots by adjacent property
to pass the New York State motor vehicle inspection owners; and allow for the building of new homes in the
standards as provided by the Vehicle and Traffic Law of city.
the State of New York and all rules and regulations Whereas: The City of Buffalo does not have sufficient
promulgated by the Commissioner of Motor Vehicles for resources to address the large number of homes
the periodic inspection of motor vehicles in the State of requiring demolition;
New York and as the same may be amended from time Now Therefore Be It Resolved:
to time. This section shall not apply to an owner of That the Common Council requests the assistance of
such unregistered and/or unlicensed motor vehicle who our federal elected officials in obtaining funds dedicated
is a member of the armed forces while serving on active to housing demolition.
duty. This prohibition shall not apply to the storage of Be It Further Resolved:
such vehicles where the storage may be considered to That certified copies of this resolution be forwarded to
be legitimate accessory or implied part of a permitted the President of the United States, Senator Charles
use. Schumer, Senator Hillary Clinton, Congressman Jack
B. The outside storage of boats and similar Quinn, Congresswoman Louise Slaughter and
recreational watercraft on private property is prohibited, Congressman Thomas Reynolds.
unless said boat or recreational watercraft is located in ADOPTED
the rear yard of a structure, on a paved surface, and
completely covered with suitable top. NO. 133
C. The outside storage of all-terrain SPONSOR: MR. GOLOMBEK
motorcycles, all-terrain 3-wheelers, all-terrain ADDRESSING THE PROBLEM OF REAL ESTATE
4wheelers, and similar recreational vehicles on private FLIPPING IN BUFFALO
property is prohibited.
Whereas: Buffalo has seen a dramatic increase in real HUD's Buffalo Field Office, Office of Strategic Planning,
estate being purchased cheaply at auctions and then Permits and Inspections and E-Bay for their comments
sold shortly after for outrageously inflated prices; and and suggestions.
Whereas: The purchasers of such inflated properties Be It Finally Resolved:
are often uninformed about the properties previous That this item be forwarded to an appropriate
sales history; and Committee of the Council for further consideration.
ND
Whereas: After realizing that they have been scammed ADOPT 2 RESOLVE THE REMAINDER
by purchasing a flipped property, unsuspecting REFERRED TO THE COMMITTEE ON COMMUNITY
purchasers often default on mortgage payments or in DEVELOPMENT
the case of out of town purchasers allow the property to
remain empty and decay; and NO. 134
Whereas: A recent article in Artvoice (September 2-8, BY MR. GOLOMBEK
2004 by Peter Koch) discussed the problem of real SHIFT OF OPERATIONS INTO MNI ECONOMIC
estate flipping in Buffalo and provided the history of DEVELOPMENTT ZONE
how 216 Keystone was flipped several times. In the Whereas: Shop to Cook, Inc., is currently located in a
late 1990's, 216 Keystone was purchased for $1 0,000 residence on Bidwell Parkway; and
by an investor who flipped it for $39,000 to an Whereas: The lack of space inside the building and the
unsuspecting buyer. That buyer took out a $39,000 lack of parking outside the
mortgage on a house that was only worth $1 0,000. building hindered the ability for the business to
The home was foreclosed on and sold by HUD to local succeed, and
investors at the price of $3,200. The property was sold Whereas: Shop to Cook, Inc. has plans to increase their
again for an amazing $51,500 and foreclosed on again business tenfold over the
In less than two years. Once again, HUD sold it next 18 months, and
cheaply for $9,000 to an investor, who flipped it for Whereas: The Buffalo Economic Renaissance
$19,000; and Corporation (BERC) recommends this shift of
Whereas: Action needs to be taken to address the operations into the Buffalo Empire Zone.
unscrupulous practice of real estate flipping which is Now, Therefore, Be It Resolved:
negatively affecting many neighborhoods in the city of That the Common Council of the City of Buffalo, based
Buffalo; and on the recommendation of
Whereas: The city needs to explore licensing and BERC, consents to the relocation of Shop to Cook into
regulating the sale of property. In New York State, if the Buffalo Economic
you sell more than five cars a year in your name, you PASSED
need to have a used car dealer license. In Buffalo, if AYES - 9 NOES - 0
you cut hair for a profit, you need a barber's license. A
local law that requires individuals who sell more than NO. 135
three properties per year to be licensed and regulated, SPONSOR: MR. GOLOMBEK
may be beneficial in addressing the problem of real UNACCEPTABLE DELAY IN APPOINTING A
estate flipping; and FIRE.COMMISSIONER
Whereas: The current real estate sales contract Whereas: The City of Buffalo Commissioner of Fire
approved and utilized by the Greater Buffalo Calvin G. Worthy retired in December of 2003; and
Association of Realtors, Inc. and the Bar Association of Whereas: Michael D'Orazio was appointed as
Erie County, utilizes a form titled Property Condition temporary Commissioner of Fire in December, 2003;
Disclosure Statement to be completed by a seller of and
real estate; and Whereas: Article 14-2 of the City Charter specifies that
Whereas: Under the heading of General Information, the Mayor has the power to appoint a temporary
the Property Condition Disclosure Statement asks a Commissioner of Fire for a period not to exceed 180
seller to indicate how long they have owned the days;and
property. The price for which real estate is sold is Whereas: Mr. D'Orazio's 180 day temporary
public information recorded in the Erie County Clerk's appointment ended 6/22/04, however based on a legal
Office and published every Monday in the Buffalo opinion from the Corporation Counsels Office, Mr.
News. Perhaps an additional section can be added to D'Orazio's temporary appointment has been extended;
the Disclosure Statement, which indicates the sales and
history for the property over a five-year period. Listing Whereas: The Fire Reorganization Citizen Task Force
the date of sale, sales price and name of purchaser, after several months of reviewing resumes and
could alert purchasers that paying $51,500 for a home conducting interviews has forwarded their
which was purchased not long ago for $3,200, may be recommendation to the Mayor for a permanent
something to think twice about; and Commissioner of Fire; and
Whereas: Property flipping is also increasing due to the Whereas: Restructuring the Fire Department is one of
ability to purchase homes over the Internet. If possible the largest elements in the city's four-year fiscal
listing the five-year sales history of properties on E-Bay recovery plan. Everyday important decisions are being
could also have an impact on decreasing property made which will effect the Fire Department and the
flipping; and citizens of Buffalo for decades to come; and
Now Therefore Be It Resolved: Whereas: Nine months after the retirement of Fire
That the Common Council believes that the practice of Commissioner Calvin G. Worthy, it is completely
real estate flipping is a problem that needs to be unacceptable to not have a permanent Fire
addressed. Commissioner in place; and
Be It Further Resolved: Whereas: This Council needs to know what the delay is
That certified copies of this resolution be forwarded to in selecting a permanent Fire Commissioner;
the Greater Buffalo Association of Realtors, Inc., Bar Now Therefore Be It Resolved:
Association of Erie County, Steve Banko, Director of
That this Council believes nine months is more than be fixed at the respective amount set forth in the
enough time for making a determination for appointing foregoing ordinance.
a permanent Commissioner of Fire; REFERRED TO THE COMMITTEE ON CIVIL
That It Is Further Resolved: SERVICE
That the Council requests an explanation from the
Mayor and the Fire Reorganization Task Force as to NO. 138
the status of selecting a permanent Fire Commissioner BY: MRS. RUSSELL
and the reasons why the process has not been finalized RE: CONTRACT COMPLIANCE ON CITY OF
at this point; BUFFALO PROJECTS
Be It Finally Resolved: Whereas: This Council has been very aggressive in
That this item be referred to an appropriate Committee promoting equal opportunity, workforce diversity and
of the Council for further consideration. the support of minority and women owned businesses;
ST
ADOPT 1 RESOLVE THE REMAINDER TO THE and
COMMITTEE ON LEGISLATION, THE MAYOR AND Whereas: City Capital Bond Projects currently require
THE FIRE TASK FORCE only minimal federally guaranteed workforce
participation goals of 7.7% for minorities and 6.9% for
NO. 136 females, and no set aside for Minority Owned Business
BY: MS. RUSSELL (MBE's) or Women Owned Business (WBE's); and
BUDGET AND PERSONNEL AMENDMENT 11 - Whereas: hi the past, the Department of Community
ADMINISTRATION & FINANCE 1050- BUDGET & Services, Office of Compliance had the responsibility
MANAGEMENT for ensuring the MBE and WBE goals on all City of
The Common Council of the City Of Buffalo does ordain Buffalo Capital Bond Projects. However, since the start
as follows: of the 2004-2005 fiscal year that commenced on July 1,
That part of Section I of Chapter 35 of the Code of the 2004, there no longer is an Office of Contract
City of Buffalo, relating to II Administration & Finance, Compliance for the City of Buffalo; and
1050 - Budget & Management which currently reads: Whereas: Buffalo is a City with a high unemployment
1 Assistant Management Analyst $ 32,731 - $ and poverty rate. Capital Bond Projects are undertaken
38,278 with City taxpayers dollars, and it is crucial that City of
Is hereby amended to read: Buffalo residents are afforded employment and
1 Confidential Secretary to the Commissioner $ business opportunities within their communities
29,138 whenever possible; and
IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of Whereas: Since the City of Buffalo, Department of
the Charter, that the immediate passage of the Community Services, no longer has the Office of
foregoing ordinance is necessary. Contract Compliance, it is essential that these duties
We, JAMES B. MILROY,Ph.D., COMMISSIONER OF are undertaken by another entity within the City's
ADMINISTRATION & FINANCE AND MICHAEL A. administration to ensure the continuation of justice and
SEAMAN DIRECTOR OF BUDGET, hereby certify that fairness for residents and businesses in the City of
the above change is necessary for the proper conduct, Buffalo;
administration and performance of essential services of Now, Therefore, Be It Resolved That:
that department. We recommend that the This Common Council requests that the Mayor of the
compensation for said position be fixed at the City of Buffalo address how and what measures are
respective amount set forth in the foregoing ordinance. being taken since the start of the new fiscal year (July
REFERRED TO THE COMMITTEE ON CIVIL 1, 2004) to enforce or monitor contract compliance
SERVICE requirements on City and Federal Section 3 projects;
and
NO. 137 Be It Further Resolved That:
BY: MS. RUSSELL The Department of Public Works forward to the
BUDGET AND PERSONNEL AMENDMENT Common Council a list of Projects since July 1, 2004
04 - OFFICE OF THE COMPTROLLER that require MBE/WBE monitoring on City and Federal
1042 - DIVISION OF AUDIT Section 3 Projects,
The Common Council of the City Of Buffalo does ordain including the names of the employee(s) signing off on
as follows: the AA/EEO vouchers for payment; and
That part of Section I of Chapter 35 of the Code of the Be It Finally Resolved That:
City of Buffalo, relating to 04 - Office of the Comptroller, Certified copies of this resolution be forwarded to
1045 - Division of Audit which currently reads: Anthony M. Masiello, Mayor, City of
3 Associate Auditor $ 38,358 - $ 44,779 Buffalo, Donald 0. Allen, Commissioner, Department of
6 Senior Auditor $ 37,852 - $ 42,836 Community Services and to
Is hereby amended to read: Joseph N. Giambra, Commissioner, Department of
2 Associate Auditor $ 38,358 - $ 44,779 Public Works for a response.
7 Senior Auditor $ 37,852 - $ 42,836 REFERRED TO THE MBEC COMMITTEE AND THE
IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of MAYOR , THE COMPTROLLER AND THE
the Charter, that the immediate passage of the COMMISSIONER OF COMMUNITY SERVICES
foregoing ordinance is necessary.
We, ANDREW A. SANFILIPPO, COMPTROLLER NO. 139
AND MICHAEL A. SEAMAN DIRECTOR OF BY: MS. RUSSELL
BUDGET, hereby certify that the above change is BUDGET AND PERSONNEL AMENDMENT
necessary for the proper conduct, administration and 65 - PERMITS & INSPECTION
performance of essential services of that department. 1151 - PERMITS
We recommend that the compensation for said position The Common Council of the City Of Buffalo does ordain
as follows:
That part of Section I of Chapter 35 of the Code of the Goals of 25% for minority business enterprises (MBE)
City of Buffalo, relating to 65 - Permits & Inspection, I
I and minority workforce and 5% women business
-Permits which currently reads:
51 enterprises (WBE), respectively; and
Supervisor of Licenses $ 39,343 - $ Whereas: In the past, this honorable body has
45,814 requested that the Department of Public Works, Parks,
Is hereby amended to read: & Streets Sanitation establish Minority Business
I Director of Licenses $ 45,814 Enterprise and Workforce Goals of 25% and 5% for
IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of Women Business Enterprises requirements for other
the Charter, that the immediate passage of the projects, including the North Jefferson Library, Martin
foregoing ordinance is necessary. Luther King Jr. Park, and 60 Hedley Place construction
We, RAYMOND K. MC GURN, COMMISSIONER OF projects, among others; and
PERMITS & INSPECTIONS AND MICHAEL A. Now Be It Resolved:
SEAMAN DIRECTOR OF BUDGET, hereby certify that That the Buffalo Common Council hereby requests that
the above change is necessary for the proper conduct, the Commissioner of Public Works, Parks, and Streets
administration and performance of essential services of Sanitation, through his vested powers, hereby establish
that Minority Business Enterprise and minority workforce of
Department. We recommend that the compensation for 25% and 5% for Women Enterprise and women
said position be fixed at the respective workforce requirements for the re-construction of the
amount set forth in the foregoing, ordinance. firehouse on Main Street and Mercer Street; and
RECEIVED AND FILED Be It Finally Resolved That:
That copies of this resolution be forwarded to the
NO. 140 Commissioner of the Department of Fire, the Mayor's
BY MR. THOMPSON Office, the Commissioner of Public Works, and the
REQUEST FOR THE ESTABLISHMENT OF M/WBE Commissioner of Community Services.
PARTICIPATION GOALS ON THE CONSTRUCTION ADOPTED
OF THE FIREHOUSE ON THE COMER OF EAST
DELAVAN AND FILLMORE AVENUE. NO. 142
Whereas: The Buffalo Common Council acknowledges BY: MR. THOMPSON
the need for increased diversity and minority (TRAIL BLAZER REQUEST)
employment and business opportunities with the City of WHEREAS: PASTOR JACQUELINE A. FOYE
Buffalo; and WAS BORN ON FEBRUARY13, 1936 IN
Whereas: The Buffalo Common Council has adopted GOLDSBORO, N.C. TO THE LATE MONROE AND
Minority Women Business Enterprise and Workforce KATIE BRYANT; AND
Goals of 25% for minority business enterprises (MBE) WHEREAS: BORN THE EIGHTH OF EIGHT
and 5% women business enterprises (WBE) for City CHILDREN, PASTOR FOYE ATTENDED SCHOOL
projects, respectively; and STREET ELEMENTARY SCHOOL; AND
Whereas: In the past, this honorable body has WHEREAS: AFTER GRAUDATING FROM
requested that the Department of Public Works, DILLAIRD HIGH SCHOOL, PASTOR FOYE PURSUED
establish Minority Business Enterprise and Workforce A BUSINESS CAREER IN NEW YORK CITY, LATER
Goals of 25% and 5% for Women Business Enterprises ATTENDING ERIE COUNTY COMMUNITY COLLEGE
requirements for other projects, including the North (E.C.C.) OF BUFFALO, N.Y. EMPLOYED FOUR
Jefferson Library, Martin Luther King Jr. Park, and 60 YEARS BY THE BOARD OF EDUCATION, TWO
Hedley Place construction projects, among others; and YEARS AT THE HEALTH DEPARTMENT, FOURS
Now Be It Resolved: YEARS AS MANAGER OF THE LIBERTY SHOE
That the Buffalo Common Council hereby requests that STORE; AND
the Commissioner of Public Works through his vested WHEREAS: IN 1955, PASTOR FOYE WAS
powers, hereby establish Minority Business Enterprise JOINED IN HOLY MATRIMONY TO HER
and Workforce Goals of 25% and 5% for Women HIGHSCHOOL SWEETHEART, JAMES E. FOYE, SR.
Enterprise requirements for the construction of a TO THIS UNION WAS BORN THREE CHILDREN;
firehouse on East Delavan Avenue and Fillmore AND
Avenue; and WHEREAS: IN THE YEAR OF 1979, INSPIRED
Be It Finally Resolved That: AND MOVED BY GOD, PASTOR FOYE WAS
That copies of this resolution be forwarded to the ANOINTED, ORDAINED, AND PLACED AS PASTOR
Commissioner of the Department of Fire, the Mayor's OVER A SMALL GROUP OF WORSHIPERS.
Office, the Commissioner of Public Works, and the ATTENDANCE INCREASED AND A CHURCH WAS
Commissioner of Community Services. BORN, NOW CALLED THE APOSTOLIC HOUSE OF
ADOPTED PRAYER. A BUILDING WAS PURCHASED AND
RENOVATED FOR WORSHIP AT 1482 FILLMORE
NO. 141 AVE.; AND
BY: MR. THOMPSON WHEREAS: IN 1992, UNDER THE
REQUEST FOR THE ESTABLISHMENT OF M/WBE LEADERSHIP OF PASTOR JACQUELINE FOYE,
PARTICIPATION GOALS ON THE CONSTRUCTION APOSTOLIC HOUSE OF PRAYER NO.2 WAS
OF A FIREHOUSE ON THE COMER OF MAIN ESTABLISHED AT 212 PARK AVE. DUNKIRK, N.Y.;
STREET AND MERCER STREET. AND
Whereas: The Buffalo Common Council acknowledges WHEREAS: AFTER MUCH FASTING AND
the need for increased diversity and minority PRAYING, THE VISION CONTINUED TO UNFOLD
employment and business opportunities with the City of AND HISTORY WAS MADE IN THE WESTERN N.Y.
Buffalo; and AREA. IN 1993, PASTOR FOYE WAS HONORED AS
Whereas: The Buffalo Common Council has adopted THE FIRST AFRICAN AMERICAN FEMALE TO BUILD
Minority Women Business Enterprise and Workforce
A CHURCH, THE EDIFICE AT 1455 FILLMORE AVE.; December 31, 2004, conditional upon the persons so
AND appointed certifying under oath to their qualifications
WHEREAS: THE MOST CHALLENGING and filing same with the City Clerk
EXPERIENCE IN HER LIFE WAS ATTENDING THE Karen Barone
SEMINARY OF RELIG10US JUSTICE, Nell Daley
GRADUATING IN SEPTEMBER 1999. EMBRACING Cheryl Kinmartin
IN A GREATER SENSE THE ANALOGY OF HER Madeline Marrone
FAITH ITH A NEW PERSPECTIVE TOWARD Madonna Scoville
PASTORIAL COUNSELING, ALCOHOL AND Marquitta Whitehead
SUBSTANCE ABUSE; AND Suzanne Buffarrianti
WHEREAS: ON AUGUST 12,2001 AT THE Mae Jackson
NATIONAL CONVENTION OF W.A.R. (WORLD Sharon Knope
ASSEMBLIES OF RESTORATION), PASTOR FOYE Laura Rogers
WAS ELEVATED TO THE POSITION OF OVERSEER Kea Strate
BY THE BOARD OF PRESBYTERS; AND Lisa Nowak
WHEREAS: IN 2003,1453 FILLMORE AVE. TOTAL 2
WAS PURCHASED, (A BUILDING ADJACENT TO ADOPTED
THE CHRUCH), FOR THE PURPOSE OF
INNERCOMMUNITY ACTIVITES, AFTER SCHOOL NO. 145
PROGRAMS, FOOD DISTRIBUTIONS, HOUSING ANNOUNCEMENT OF COMMITTEE MEETINGS
FOR TRANSITIONAL FAMILIES AND The following meetings are scheduled. All meetings
RECREATIONAL PROGRAMS; AND are held in the Common Council Chambers, 13 1h floor
WHEREAS: IN ADDITION TO HER ACADEMIC City Hall, Buffalo, New York, unless otherwise noted.
ACCOMPLISHMENT, ON AUGUST 20,2004 PASTOR Regular Committees
FOYE COMPLETED HER STUDIES WITH THE Committee on Civil Service Tuesday, Oct. 12, 2004 at
A.H.C.O.P.P. (ALLIED HEALTH CAREER 9:30 o'clock A.M.
OPPORTUNITY PIPELINE PROGRAM) AT ERIE Committee on Finance Tuesday, Oct. 12, 2004 at IO:
COUNTY COMMUNITY COLLEGE (E.C.C.); AND 00 o'clock A.M. following Civil Service
WHEREAS: THIS CHURCH COUNCIL, Committee on Legislation Tuesday, Oct. 12, 2004 at
DEACON BOARD, TRUSTEE BOARD, EVANGELIST 2:00 o'clock P.M.
TEAM, AND ALL THE MEMBERS OF THE Committee on Comm. Dev. Wednesday, Oct. 13, 2004
APOSTOLIC HOUSE OF PRAYERNO. I AND NO.2, at 10:30 o'clock A.M.
AND CITIZENS OF BUFFALO AND THE NATION Special Committees
CELEBRATE THE LIFE OF THIS EXCEPTIONAL MBEC Monday Oct. 18, 2004 at I 0:00
WOMAN; AND o'clock AM
NOW THEREFORE BE IT RESOLVED THAT: Special Committee on
THE APOSTOLIC HOUSE OF PRAYER BUFFALO, Community Development Monday Oct 18, 2004 at 6:00
N.Y., ALONG WITH THE APOSTOLIC HOUSE OF PM at 155 Lawn Avenue
PRAYER, DUNKIRK, N.Y. AND THE BOARD OF (Public Disclaimer): All meetings are subject to change
PRESBYTERS OF W.A.R., RESPECTFULLY and cancellation by the respective Chairmen of Council
REQUEST THAT THIS HONORABLE BODY Committees. In the event that there is sufficient time
DESIGNATE WOODLAWN AVE. (FILLMORE AVE. given for notification, it will be provided. In addition,
TO KEHR ST.), IN THE HONOR OF PASTOR there may be meetings set up whereby the City Clerk's
JACQUELINE A. FOYE. Office is not made aware; therefore, unless we receive
REFERRED TO THE COMMITTEE ON LEGISLATION notice from the respective Chairmen, we can only make
AND THE COMMISSIONER OF PUBLIC WORKS notification of what we are made aware.
NO. 143 NO. 146
BY MR. THOMPSON ADJOURNMENT
FELICITATIONS/IN MEMORIAM On a motion by Mr. Coppola, Seconded by Mrs.
Attached hereto are Felicitation and In Memoriam Russell, the Council adjourned at 4:02 pm
Resolutions sponsored by Gerald Chwalinski
Members of the Common Council as indicated: City Clerk
Felicitation for Hispanic Heritage
By Councilmember Davis Michaux BOARD OF POLICE AND FIRE PENSION
Felicitation for Jimmie JJ Walker PROCEEDINGS #8
By Councilmernber Thompson, Chwalinski, Franczyk Office of the Mayor-201 City Hall
Felicitation for Charles L. Michaux III September 23, 2004
By Councilmember Franczyk, Coppola Present; Anthony M. Massimo, Mayor; Frank Belliotti,
ADOPTED Deputy Comptroller, Michael
Risman, Corporation Counsel-3
NO. 144 Absent: David A. Franzyk, Council President-1
BY: ANTOINE M. THOMPSON The Journal of the last meeting was approved.
APPOINTMENTS
COMMISSIONERS OF DEEDS NO. 1
REQUIRED FOR THE PROPER I transmit herewith the Pension Payroll for the Fire
PERFORMANCE OF PUBLIC DUTIES Pension Fund for the months of August 2004 and
That the following persons are hereby appointed as September 2004 amounting to $9,316.39 and
Commissioner of Deeds for The term ending $8,206.20, respectfully and request that checks be
drawn to the order of the persons named herein for the
amounts stated. Adopted
Ayes-3. Noes-0.
NO. 2
The following annuitant was cancelled from the Fire
Pension Payroll:
Benjamin Czaja Died
August 10, 2004.
Mildred Goss Died
September 2, 2004.
Received and Filed.
NO. 3
Mr. Masiello made a motion to accept the pension
application of Marie G. Czaja effective August 11, 2004.
Adopted.
Ayes-3. Noes-0.
NO. 4
I transmit herewith the Pension Payroll for the Police
Pension Fund for the months of August 2004 and
September 2004 amounting to $7,500.00 and
$7,500.00, respectfully and request that checks be
drawn to the order of the persons named herein for the
amounts stated.
Adopted.
Ayes-3. Noes-0.
NO. 5
On motion by Mr. the City of Buffalo Police and Fire
Pension Board Meeting adjourned at 11:10 a.m.