HomeMy WebLinkAbout04-0907
No. 16
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
September 7, 2004
CLAIMS COMMITTEE: James D. Griffin, Chairman,
MAYOR Richard A. Fontana, Joseph Golombek,Jr., Antoine M.
Hon. Anthony M. Masiello Thompson - Members
ACTING COMPTROLLER COMMUNITY DEVELOPMENT COMMITTEE: Joseph
Andrew Sanfilippo Golombek, Jr. Chairman, Dominic J. Bonifacio Jr., Bonnie E.
Russell, Antoine M. Thompson - Members
COMMON COUNCIL
PRESIDENT OF THE COUNCIL FINANCE COMMITTEE: Brian C. Davis, Chairman,
FILLMORE DISTRICT Dominic J. Bonifacio, Jr., Marc A. Coppola, James D. Griffin
David A. Franczyk - Members.
PRESIDENT PRO TEMPORE LEGISLATION COMMITTEE: Richard A. Fontana,
UNIVERSITY DISTRICT Chairman, Dominic J. Bonifacio Jr., Marc A. Coppola,
Bonnie E. Russell Bonnie E. Russell - Members
MAJORITY LEADER RULES COMMITTEE: David A. Franczyk, Chairman
DELAWARE DISTRICT Marc A. Coppola, Bonnie E. Russell - Members
Marc A. Coppola
DISTRICT COUNCIL MEMBERS
BRIAN C. DAVIS - ELLICOTT SPECIAL COMMITTEES
RICHARD A. FONTANA - LOVEJOY BUDGET COMMITTEE:Dominic J. Bonifacio, Jr.,
ANTOINE M. THOMPSON - MASTEN Chairman, Marc A. Coppola, Brian C. Davis, Joseph
DOMINIC J. BONIFACIO Jr. - NIAGARA Golombek, Jr. - Members
JOSEPH GOLOMBEK JR. - NORTH
JAMES D. GRIFFIN - SOUTH MINORITY BUSINESS ENTERPRISE COMMITTEE-
Antoine M. Thompson, Chairman Brian C. Davis, James D.
Griffin
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Bonnie E. Russell
EDUCATION COMMITTEE
Chairman, Brian C. Davis, Joseph Golombek Jr., Richard A.
Fontana-Members
CORPORATION PROCEEDINGS
Commission hereby recommends that these portraits be
COMMON COUNCIL made available so that tile Conservation Committee can:
CITY HALL - BUFFALO 1. Verify the inventory and ensure that the Arts
TUESDAY, SEPTEMBER 7, 2004 Commission's records are accurate.
AT 2:00 P.M. 2. Assess any new damage that may have occurred as a
result of improper storage.
PRESENT – David A. Franczyk, President of the 3. Identify those portraits most in need of treatment and
Council, and and Council Members Bonifacio, Coppola, prioritize their restoration.
Davis, Fontana, Golombek, Griffin, Russell and 4. Take measurements for the archival storage materials
Thompson – 9. needed to properly package these items for future storage.
The Arts Commission has funds available for all labor and
ABSENT - None. materials necessary to properly package the portraits as
recommended by the Conservation Committee. Thank you
On a motion by Mr. Coppola seconded by for the opportunity to advise you on this matter as we work to
Mr.Fontana, the minutes of the stated meeting held on preserve both Buffalo's heritage and artistic le-acv.
July 20, 2004 were approved. The Art and Monuments Conservation Committee is making
the following recommendation to the Buffalo Arts
FROM THE MAYOR Commission Board of Directors.
No. 1 As a follow up to letters previously submitted regarding this
Appointment of Liaison to the State Liquor Authority matter, this committee is recommending that the Buffalo Arts
As per the communication from the NYS Division of Commission formally recommend to the Mayor and Common
Alcoholic Beverage Control, "NYSAB-Liaison Committee Council that the untreated portraits that are currently being
Formation" Item #90 C.C.P. November 1, 1994, 1 hereby stored of past Mayors be properly boxed for storage until
appoint Paul H. Riester, residing at 262 Woodbridge such time that they can be treated and restored. Currently,
Avenue, Buffalo, NY 14214, as a liaison to the New York they are unwrapped and upon last viewing by this
State Division of Alcoholic Beverage Control regarding committee, are stored in a less than desirable manner,
license applications. location and environment. We view these conditions to be of
Paul Riester is the Director of Administration for the Erie a serious nature and in need of immediate attention and
County Water Authority, a post he has held since 1996. Mr. action taken.
Riester served as Superintendent and Senior Administrator The packaging that we are recommending would include that
for the New York State Office of General Services from each portrait be wrapped with an archival safe wrapping
1994-1996 and has also been employed as a Technical material and be put into boxes that are lined with a foam-like
Pharmaceutical Representative for Sandoz Pharmaceutical material so as to protect them from further damage. This
Corporation. He is affiliated with numerous professional and would prevent additional restoration costs due to added
community organizations, such as the Institute of Supply tears, molds, etc. Since many of the works are in such poor
Management, Erie County Purchasing Consortium, past condition, we are concerned that pieces may be lost.
president of the Amvets Post 45 PBA and as a member of Without proper packaging, the portraits are also exposed to
the Delaware Park Steering Committee. improper handling, dust, dirt, possible bumps from exterior
I hereby certify that Paul Riester is fully qualified for forces, temperature extremes, airborne molds and humidity,
appointment as a liaison to the New York State Division of all causing extensive and additional deterioration. After the
Alcoholic Beverage Control. portraits are packaged, they should be stored in a safe,
REFERRRED TO THE COMMITTEE ON LEGISLATION climate-controlled environment. This packaging can be used
after conservation and restoration efforts for storage or even
No. 2 to move the paintings in the event that they be loaned to a
Re-appointment of Members to the museum for exhibition or other such purpose.
Buffalo Preservation Board These portraits are extremely important not only because of
Pursuant to the powers vested in me by Article 11, the fact that they were executed in some cases by important
Section 337-3, Part 11 of the Code of the City of Buffalo, I painters of their time, but in most cases they are the only
hereby re-appoint the following individuals to the Buffalo record of what our former leaders looked like. The paintings
Preservation Board for a term commencing on August 31, also reflect the styles of the times they were created thus
2004 and will expire August 31, 2007. making them miniature time capsules. Historians can tell us
John M. Laping, FAIA 1088 Delaware Ave. Apt. 15J Buffalo, much about the history of Buffalo by these paintings. We
14208 owe it to future generations to maintain these important
Sam Gurney 772 Potomac Ave. Buffalo, 14209 treasures, to keep them safe and make sure that the story
Paul Carroll 39 Park Street Buffalo, 14201 they tell is accurate and true
I hereby certify that the above named individuals are fully REFERRED TO THE COMMITTEE ON FINANCE
qualified to serve as members of the Buffalo Preservation
Board. NO. 4
RECEIVED AND FILED Change Order #2 for contract #92010745
FROM THE MAYOR - EXECUTIVE DEPARTMENT Item No. 3, C.C.P. 12/26/02
FROM THE BUFFALO ARTS COMMISSION Item No. 3, C.C.P. 12/23/03
NO. 3 The Buffalo Arts Commission hereby submits to your
CARE OF MAYORAL PORTRAITS Honorable Body the following Change Order #2 with
In accordance with the Charter of the City of Buffalo and Hamilton, Houston, Lownie Architects, LLC for work related
on behalf of the Buffalo Arts Commission, I am forwarding to to public art consulting services, contract #92010745.
you the following recommendations regarding tile care of the Additional 1 year of consulting services with all work to be
Mayoral portraits currently in storage in City Hall. These completed by August 26'@', 2005.I
recommendations were prepared by the Conservation Increase: $40,000.00
Committee and approved by our board. The Buffalo Arts Summary:
Original contract amount: $ 38,000.00 Marti Conservation Services, Inc. for work related to art
Net change by previous authorized Change Order #1: conservation services, contract #92010662.
$ 22,500.00 Conservation treatment of Indian Hunter statue in Delaware
Amount of Change Order #2 increase: $ 40,000.00 Park, additional work required.
Increase: $3,600.00
Total $100,500.00 Summary:
Funds are available in account #34320706. Original contract amount: $59,425.00
The Buffalo Arts Commission respectfully recommends the Amount of Change Order #1 increase: $ 3,600.00
above Change Order be authorized by your Honorable Total $63.025.00
Body as set forth above. Thank you for you attention to this Funds are available in account #30229706.
matter. The Buffalo Arts Commission respectfully recommends the
Mr. Coppola Moved: above Change Order be authorized by your Honorable Body
That the above communication from the Buffalo Arts as set forth above. Thank you for you attention to this
Commission dated August 20, 2004, be received and filed; matter.
and Mr. Coppola Moved
That the Commissioner of Public Works, Parks and Streets That the above communication from the Buffalo Arts
be, and he hereby is authorized to issue change order No. 2, Commission dated August 20, 2004, be received and filed;
to Hamilton, Houston, Lownie Architects, LLC, an increase in and
the amount of $40,000.00, as more fully described in the That the Commissioner of Public Works, Parks and Streets
above communication, for work relating to public art be, and he hereby is authorized to issue change order No. 1,
consulting services, contract #92010745. Funds for this to Russell-Marti Conservation Services, Inc., an increase in
project are available in #34320706. the amount of $3,600.00, as more fully described in the
Passed above communication, for work relating to art conservation
AYES - 8 - NOES - 1 services, contract #92010662. Funds for this project are
AYES – BONIFACIO, COPPOLA, DAVIS, FONTANA, available in #30229706.
GOLOMBEK, RUSSELL AND THOMPSON – 8 Passed
NOES – GRIFFIN - 1 AYES - 9 - NOES - 0
NO. 5 FROM THE BUFFALO PRESERVATION BOARD
Change Order #2 for contract #91921400 No. 7
Item No. 5, C.C.P. 07/22/97 "Encroachment Within ROW - 283 Main St. (#47, CCP
Item No. 12, C.C.P. 10/20/98 Jul. 20, 2004) (Ellicott District)
The Buffalo Arts Commission hereby submits to your C.C.P. item No. 47,07/20/2004
Honorable Body the following Change Order #2 with Russell-At its meeting on July 22, 2004, the Buffalo Preservation
Marti Conservation Services, Inc. for work related to art Board tabled the above captioned item pending submission
conservation services, contract #91921400. by the owners, (Ellicott Group) of a "Awning Master Plan"
Conservation treatment of Frank Callahan memorial in with digital pictures depicting elevation by elevation for the
Cazenovia Park. Ellicott Square Building, which is located within the locally
Increase: $7,000.00 designated Joseph Ellicott Historic District.
Summary: Ellicott Group, the owners of the Ellicott Square Building and
Original contract amount: $167,280.00 Kohler Awning Inc., acting agent for Ellicott Group have
Net change by previous authorized Change Order #1: been rescheduled to appear before the Buffalo Preservation
$ 24,760.00 Board at its meeting on September 9, 2004 with the
Amount of Change Order #2 increase: $ 7,000.00 requested information. if you have any questions, you may
Total: $199,040.00 contact Thomas W. Marchese, Executive Secretary, at 851-
Funds are available in account #30229706. 5029.
The Buffalo Arts Commission respectfully recommends the REFERRED TO THE COMMITTEE ON LEGISLATION
above Change Order be authorized by your Honorable Body
as set forth above. Thank you for you attention to this FROM THE OFFICE OF CITIZEN SERVICES
matter. No. 8
MR. COPPOLA MOVED Monthly report from the Division of Citizen Services -
That the above communication from the Buffalo Arts June 2004
Commission dated August 20, 2004, be received and filed; Attached for your review is the following: (1) chart of
and services calls for June 2004, (2) chart of services call for
That the Commissioner of Public Works, Parks and Streets June 2003 for comparative purposes, (3) listings of "open7
be, and he hereby is authorized to issue change order No. 2, calls by category for April and May 2004.
to Russell-Marti Conservation Services, Inc., an increase in The most significant change between service calls in May
the amount of $7,000.00, as more fully described in the 2004 and June 2004 was in calls received for inspection
above communication, for work relating to art conservation services, which increased by 298 requests, from 669 to 967.
services, contract #91921400. Funds for this project are Presently, Inspections uses a tracking system called Hansen
available in #30229706. and Citizen Services uses a tracking system called STS -
Passed Service Tracking System. The two- (2) systems can't
AYES - 9 - NOES – 0 communicate with each other, so the requests / complaints
have to be manually inputted from Hansen into the STS
NO. 6 system.
Change Order #1 for contract #92010662 In order to correct this time consuming manual process, MIS
Item No. 4, C.C.P. 07/23/02 suggested going with one tracking system - Hansen, which
The Buffalo Arts Commission hereby submits to your makes the most sense, since Hansen will also write
Honorable Body the following Change Order #1 with Russell individual work orders.
In the interim, our priorities will be in tracking inspection monies to buy the building and make the necessary
requests and garbage tote orders. repairs/renovations.
As always, I will keep the Council informed on our progress The Fire Department pursuant to Item No. 33, C.C.P.
and in our efforts to increase our efficiency in tracking and November 25, 2003 informed the Common Council that they
resolving service requests / complaints. have officially abandoned the property
RECEIVED AND FILED Your Honorable Body may authorize the sale of the property
NO. 9 In accordance with Article 27, Section 27-5 of the City
Monthly report from the Division of Citizen Services - Charter - Sale by Appraisal.
July 2004 I am requesting that Your Honorable Body authorize the
Attached for your review is the following: (1) chart of abandonment/sale of the property by appraisal and direct
service calls for July 2004, (2) chart of service call for July this office to negotiate the sale and report the results of
2003- for comparative purposes, and (3) charts of "open" negotiations with Your Honorable Body for final approval.
service calls from May and June 2004, as of August 1, 2004. By Mr. Coppola
Total calls for July 2004 were 6, 309, which was consistent The Common Council hereby approves the sale of the
with May and June 2004, but service requests in July 2004, property located at 636 Fillmore to Carl H. Campbell of 66
dropped by 191, with Inspections having the biggest Lake Ave. Blasdell New York 14219
decrease, 967 to 721. PASSED
Garbage calls also dropped by 117, and the service AYES - 9 - NOES - 0
categories that showed the biggest increases were tote
requests and user fee billing calls. Since bills were sent on NO. 12
July 1, 2004, it is anticipated that calls for tote changes and Abandonment and Sale of 725 Humboldt Pkwy.
billing inquires would increase. Formerly a
Community Center (Community Action
Finally, we are spending more time on tracking responses
from the various departments on service requests and we
Information Center) - Masten District
are improving on closing out service requests. I will keep the
The Office of Strategic Planning, Division of Real Estate, has
council informed on our progress and whatever options are
received a request from George D. Herring, Pastor of
available to improve efficiency in this area.
Greater Love Fellowship located at 122 Brunswick Blvd.
As always, I hope that this information is useful.
Buffalo, New York 14208 to purchase 725 Humboldt Pkwy.
RECEIVED AND FILED
Their desire is to own this structure for the purpose of
enhancing the community spiritually and academically.
FROM THE BOARD OF PARKING
The property at 725 Humboldt Pkwy. was last utilized by the
NO. 10
Community Action Organization. They vacated the premises
B. Davis -Standard Parking Managed
in March 2002 due to high levels of lead and asbestos found
by BCAR
in the building. Prior to the CAO utilizing the premises the
Item No. 73 CCP July 20, 2004
building housed School 93.
Pursuant to Item No.73 CCP July 20, 2004 the Common
Your Honorable Body may authorize the sale of the property
Council authorized the City to enter into a one year lease
In accordance with Article 27, Section 27-5 of the City
with Pro Park LLC for 75 Main Street/Webster Block for an
Charter - Sale by Appraisal.
annual rental of $241,241.
.I am requesting that Your Honorable Body authorize the
Allright NY Parking Inc., the previous operator, lease
abandonment/sale of the property by appraisal and direct
agreement expired June 30, 2004 with an annual payment of
this office to negotiate the sale and report the results of
$120,000. The Buffalo Sabres expressed interest in the
negotiations with Your Honorable Body for final approval.
property at the previous rented price. I advised the
RECEIVED AND FILED
Corporation Counsel that this property would bring a far
greater rental when put to competitive bidding and that he
NO. 13
would reject the Buffalo Sabres offer of $120,000 annual
SUPPORT SHIFT OF OPERATION INTO EMPIRE ZONE
rental.
BERC SUPPORTS MATUSICK, SPADAFORA &
The Corporation Counsel requested that I arrange for Buffalo
VERRASTRO INTO EMPIRE ZONE
Civic Auto Ramps Inc. to operate this facility, as of July 1,
Please accept the following as a response to resolution
2004 at no cost to the City, while bid specification and
#207C.C.P. July 20, 2004.
negotiation with the Sabres continued. The Sabres would
The Buffalo Economic Renaissance Corporation supports
not match the bid price of $241,241 and Pro Park LLC
Matusick, Spadafora & Verrastro shift of operation into the
assumed operation August 1, 2004.
Empire Zone. This move will allow the business to expand
RECEIVED AND FILED
its operation and increase the number of employees, in the
City of Buffalo.
FROM THE OFFICE OF STRATEGIC
RECEIVED AND FILED
PLANNING
NO. 11 NO. 14
Abandonment and Sale of 636 Fillmore Rescind Sale and Forfeit Deposit
Former Hook & Ladder No. 11 - 31 Capen Blvd. - University District
Fillmore District Item No. 113, C.C.P. May 15, 2001
The Office of Strategic Planning, Division of Real Estate, has In the above referenced item Your Honorable Body
received a request from Carl H. Campbell of 66 Lake authorized the sale of 31 Capen Blvd. to Michael D. Hughes
Avenue, Blasdell, New York 14219 to purchase Hook & and Sherri Hairston-Hughes of 33 Capen Blvd. in the amount
Ladder No. 11 located at 636 Fillmore Avenue. He has of Five Thousand Five Hundred Dollars ($5,500.00).
indicated that he would like to purchase this property for his A final notice was mailed to Michael Hughes and Sherri
residence Hairston-Hughes requesting to schedule an appointment to
Mr. Campbell has submitted a list of repairs/renovations and close on this transaction or their sale would be rescinded
verification of his finances indicating that he has sufficient and deposit forfeited. The Division of Real Estate contacted
Sherri Hairston-Hughes by telephone and was informed to dimension; and it has been determined this parcel is
rescind this transaction. inappropriate for either the construction of new housing or
Therefore, we are recommending that the Common Council needed for public purpose.
approve to rescind the sale, return the property to our Mr. Eugene Szafranek at 22 Minton Street, Buffalo, New
inventory for resale and Michael Hughes and Sherri York 1421 0 has indicated he will clean, improve and
Hairston-Hughes deposit of Five Hundred Fifty Dollars maintain the lot at 25 Andrew Street in the event he obtains
($550.00) will be forfeited. This money will be deposited in title to the property under the Urban Homestead Program.
the City's General Fund Sale of Land, Building & Equipment-The Department of Permit and Inspection Services and the
Real Estate. Division of Collections have been contacted. There are no
Mr. Coppola Moved: property code violations, taxes or other liens owed to the
That the communication from the Department of Strategic City of Buffalo by the homesteader.
Planning, dated We, therefore, recommend the City-owned vacant lot be
August 26, 2004, be received and filed; and designated as a Homestead Property and be transferred to
That the Executive Director of Strategic Planning be, and he Mr. Eugene Szafrenek on the condition the property is
hereby is authorized to rescind the sale of 31 Capen cleaned and improved within six (6) months and maintained
Boulevard, and forfeit the deposit in the amount of five in a sanitary manner.
hundred and fifty dollars ($550.00) and to return the property Mr. Coppola Moved:
to inventory for resale. The amount will be deposited in the That the above communication from the Office of Strategic
City's General Fund - Sale of Land, Building & Equipment-Planning dated August 26, 2004, be received and filed; and
Real Estate. That the city-owned property commonly known as 25
Passed Andrew Street, is hereby designated as Homestead
AYES - 9 - NOES - 0 Property, and that the Mayor be, and he hereby is authorized
to execute a deed transferring said property to Mr. Eugene
Szafranek, residing at 22 Minton Street, for the amount of
NO. 15 One Dollar ($1.00) and no more, and all costs of transfer, on
RESCIND SALE the condition the property is cleaned and improved within six
258, 268, 272 EAST FERRY STREET (6) months and maintained in a sanitary manner.
1478 & 1482 JEFFERSON AVENUE PASSED
ITEM # 5, C.C.P. JUNE 10, 2003 AYES - 9 NOES - 0
In the above referenced item Your Honorable Body
authorized the sale of 258, 268 and 272 East Ferry Street NO. 17
and 1478 and 1482 Jefferson Avenue to Mr. Ahmed M. TRANSFER OF TITLE
Ayash residing at 1635 Genesee Street, Buffalo, New York URBAN HOMESTEAD PROGRAM
14211. 28 FOX STREET
The terms of sale indicated the purchase price is to be paid (CITY-OWNED VACANT LOT, 30'X 132')
in cash or certified funds no later than forty-five days ELLICOTT DISTRICT
following the sale. Due to delays in remediation and The Office of Strategic Planning, Division of Real Estate, has
underground tank removal at the site, through no fault of the surveyed the City owned vacant lot at 28 Fox Street, Buffalo,
purchaser, the purchaser was unable to renew his New York, parcel is 30'x 132'; and it has been determined
construction financing. Mr. Ayash has informed this office he this parcel is inappropriate for either the construction of new
is no longer interested in the properties. housing or needed for public purpose.
Therefore, this office is recommending the Common Council Ms. Beatrice Sanders at 34 Fox Street, Buffalo, New York
to rescind the sale of 258, 268, 272 East Ferry Street, 1478 14212 has indicated she will clean, improve and maintain the
and 1482 Jefferson and return the properties to the inventory lot at 28 Fox Street in the event she obtains title to the
of the Division of Real Estate and return the deposit of four property under the Urban Homestead Program.
thousand nine hundred dollars ($4,900.) to Mr. Ahmed M. The Department of Permit and Inspection Services and the
Ayash. Division of Collections have been contacted. There are no
Mr. Coppola Moved: property code violations, taxes or other liens owed to the
That the communication from the Department of Strategic City of Buffalo by the homesteader.
Planning, dated We, therefore, recommend the City-owned vacant lot be
September 1, 2004, be received and filed; and designated as a Homestead Property and be transferred to
That the Executive Director of Strategic Planning be, and he Ms. Beatrice Sanders on the condition the property is
hereby is authorized to rescind the sale of 258, 268, 272 cleaned and improved within six (6) months and maintained
East Ferry Street and 1478 & 1482 Jefferson Avenue and in a sanitary manner.
return the properties to the inventory of the Division of Real Mr. Coppola moved
Estate, and return the deposit in the amount of four thousand That the above communication from the Office of Strategic
and nine hundred dollars ($4,900.00) to Mr. Ahmed M. Planning dated August 26, 2004, be received and filed; and
Ayash. That the city-owned property commonly known as 28 Fox
PASSED Street, is hereby designated as Homestead Property, and
AYES - 9 NOES - 0 that the Mayor be, and he hereby is authorized to execute a
deed transferring said property to Ms. Beatrice Sanders,
NO. 16 residing at 34 Fox Street, for the amount of One Dollar ($
TRANSFER OF TITLE 1.00) and no more, and all costs of transfer, on the condition
URBAN HOMESTEAD PROGRAM 25 ANDREW STREET the property is cleaned and improved within six (6) months
(CITY-OWNED VACANT LOT, 38'X IRREGULAR DEPTH, and maintained in a sanitary manner.
31.30' NL, 31.29' SL) PASSED
FILLMORE DISTRICT AYES - 9 NOES - 0
The Office of Strategic Planning, Division of Real Estate,
has surveyed the City owned vacant lot at 25 Andrew Street, NO. 18
Buffalo, New York, parcel is 38' x irregular depth in TRANSFER OF TITLE
URBAN HOMESTEAD PROGRAM improved within six (6) months and maintained in a sanitary
54 GOODYEAR STREET manner.
(CITY-OWNED VACANT LOT, 30' X 97') PASSED
FILLMORE DISTRICT AYES - 9 NOES - 0
The Office of Strategic Planning, Division of Real Estate, has
surveyed the City owned vacant lot at 54 Goodyear Street, NO. 20
Buffalo, New York, parcel is 30'x 97'; and it has been TRANSFER OF TITLE
determined this parcel is inappropriate for either the URBAN HOMESTEAD PROGRAM
construction of new housing or needed for public purpose. 240 ROTHER STREET
Mr. Anthony Lark at 52 Goodyear Street, Buffalo, New York (CITY-OWNED VACANT LOT, 30'X 99')
14212 has indicated he will clean, improve and maintain the FILLMORE DISTRICT
lot at 54 Goodyear Street in the event he obtains title to the The Office of Strategic Planning, Division of Real Estate, has
property under the Urban Homestead Program. surveyed the City owned vacant lot at 240 Rother Street,
The Department of Permit and Inspection Services and the Buffalo, New York, parcel is 30'x 99' in dimension; and it has
Division of Collections have been contacted. There are no been determined this parcel is inappropriate for either the
property code violations, taxes or other liens owed to the construction of new housing or needed for public purpose.
City of Buffalo by the homesteader. Mr. Saleh A. Abdulla owns and resides at 225 Sobieski
We, therefore, recommend the City-owned vacant lot be Street, Buffalo, New York 14211. He also owns the vacant
designated as a Homestead Property and be transferred to lot at 221 Sobieski Street, which is adjoining to 240 Rother
Mr. Anthony Lark on the condition the property is cleaned Street. Mr. Abdulla will clean, improve and maintain the lot
and improved within six (6) months and maintained in a at 240 Rother Street in the event he obtains title to the
sanitary manner. property under the Urban Homestead Program.
That the above communication from the Office of Strategic The Department of Permit and Inspection Services and the
Planning dated Division of Collections have been contacted. There are no
August 26, 2004, be received and filed; and property code violations, taxes or other liens owed to the
That the city-owned property commonly known as 54 City of Buffalo by the homesteader.
Goodyear Street, is hereby designated as Homestead We, therefore, recommend the City-owned vacant lot be
Property, and that the Mayor be, and he hereby is authorized designated as a Homestead Property and be transferred to
to execute a deed transferring said property to Mr. Anthony Mr. Saleh A. Abdulla on the condition the property is cleaned
Lark, residing at 52 Goodyear Street, for the amount of One and improved within six (6) months and maintained in a
Dollar ($ 1.00) and no more, and all costs of transfer, on the sanitary manner.
condition the property is cleaned and improved within six (6) That the above communication from the Office of Strategic
months and maintained in a sanitary manner. Planning dated August 25, 2004, be received and filed; and
PASSED That the city-owned property commonly known as 240
AYES - 9 NOES - 0 Rother Street, is hereby designated as Homestead Property,
and that the Mayor be, and he hereby is authorized to
NO. 19 execute a deed transferring said property to Mr. Saleh A.
TRANSFER OF TITLE Abdulla, residing at 225 Sobieski Street, for the amount of
URBAN HOMESTEAD PROGRAM One Dollar ($1.00) and no more, and all costs of transfer, on
362 PLYMOUTH STREET the condition the property is cleaned and improved within six
(CITY-OWNED VACANT LOT, 25'X 148') (6) months and maintained in a sanitary manner.
NIAGARA DISTRICT PASSED
The Office of Strategic Planning has surveyed the city-AYES - 9 NOES - 0
owned vacant lot at 362 Plymouth Street, Buffalo, New York,
parcel is 25'x 148' in dimension; and it has been determined NO. 21
this parcel is inappropriate for either the construction of new TRANSFER OF TITLE
housing or needed for any public purpose. URBAN HOMESTEAD PROGRAM
Ms. Jane E. Mitchell Cieri residing at 360 Plymouth Street, 21 1 SCOVILLE STREET
Buffalo, New York 14213 indicated she will clean, improve (CITY--OWNED VACANT LOT, 30'X 129')
and maintain the lot in the event she obtains title to the FILLMORE DISTRICT
property under the Urban Homestead Program. The Office of Strategic Planning has surveyed the city-
The Division of Permit and Inspection Services and the owned vacant lot at 211 Scoville Street, Buffalo, New York,
Division of Collections have been contacted. There are no parcel is 30'x 129' in dimension; and it has been determined
property code violations, taxes or other liens owed to the this parcel is inappropriate for either the construction of new
City of Buffalo by the homesteader. housing or needed for any public purpose.
We, therefore, recommend the city-owned vacant lot be Mr. Leo S. Mielcarek and Mrs. Adeline Mielcarek residing at
designated as a Homestead Property and be transferred to 215 Scoville Street, Buffalo, New York 14206 indicated they
Ms. Jane E. Mitchell Cieri on the condition the property is will clean, improve and maintain the lot in the event they
cleaned and improved within (6) months and maintained in a obtain title to the property under the Urban Homestead
sanitary manner. Program.
That the above communication from the Office of Strategic The Division of Permit and Inspection Services and the
Planning dated August 26, 2004, be received and filed; and Division of Collections have been contacted. There are no
That the city-owned property commonly known as 362 property code violations, taxes or other liens owed to the
Plymouth Street, is hereby designated as Homestead City of Buffalo by the homesteaders.
Property, and that the Mayor be, and he hereby is authorized We, therefore, recommend the city-owned vacant lot be
to execute a deed transferring said property to Ms. Jane E. designated as a Homestead Property and be transferred to
Mitchell Cieri, residing at 360 Plymouth Street, for the Mr. Leo S. Mielcarek and Mrs. Adeline Mielcarek on the
amount of One Dollar ($1.00) and no more, and all costs of condition the property is cleaned and improved within (6)
transfer, on the condition the property is cleaned and months and maintained in a sanitary manner.
That the above communication from the Office of Strategic The above mentioned documents where forwarded to the
Planning dated August 26, 2004, be received and filed; and Department of Public Works for their review and they have
That the city-owned property commonly known as 211 indicated that said documents were acceptable. They have
Scoville Street, is hereby designated as Homestead also indicated that the City should accept title and officially
Property, and that the Mayor be, and he hereby is authorized dedicate the attached described property as public park
to execute a deed transferring said property to Mr. Leo S. land.
Mielcarek and Mrs. Adeline Mielcarek, residing at 215 The acceptance of title to the attached described property
Scoville Street, for the amount of One Dollar ($1.00) and no shall be on condition that the Buffalo Municipal Housing
more, and all costs of transfer, on the condition the property Authority submit a Search along with Title Insurance in the
is cleaned and improved within six (6) months and amount of $600,000.00 and that said documents be
maintained in a sanitary manner. reviewed and acceptable by the City's Corporation Counsel's
PASSED Office and the Department of Public Works.
AYES - 9 NOES - 0 Therefore this office is requesting that Your Honorable Body
accept title to the attached described property and officially
NO. 22 dedicate the land as parkland, providing the above
ACQUISITION OF 3226, 3238, 3246, 3250 BAILEY AND mentioned conditions have been satisfied.
266 HEWITT FOR NEW FIRE FACILITY That the above communication from the Office of Strategic
3226 BAILEY - FAST FOOD FACILITY - LOT SIZE: 135 X Planning, Division of Real Estate, dated September 3, 2004,
120 be received and filed; and
ASSESSED VALUE: $135,00082 That the Common Council accepts title from the Buffalo
3238 BAILEY - PARKING LOT - LOT SIZE: 67 X 120 Municipal Housing Authority of the attached described
ASSESSED VALUE: $8,000 property and officially dedicates the land as parkland,
3246 BAILEY - COMMERCIAL VACANT LAND - LOT providing the above-mentioned conditions have been
SIZE: 33 X 120 satisfied.
ASSESSED VALUE: $4,500 PASSED
3250 BAILEY - DOWNTOWN ROW TYPE - LOT SIZE: 33 X AYES - 9 NOES - 0
120
ASSESSED VALUE: $1 00,000 NO. 24
266 HEWITT - PARKING LOT - LOT SIZE: 34 X 141 AMEND RESULTS OF NEGOTIATIONS
ASSESSED VALUE: $2,400 PORTION OF 137 WEST NORTHRUP, 141 O'W MAIN
UNIVERSITY DISTRICT VACANT LOT: 95' X IRREGULAR, 5.49 ACRES TO
At the request of the Buffalo Fire Department and the Buffalo OLD RAILROAD ROAD R.O.W.
Fire - EMS Facilities Task Force, the Office of Strategic ITEM #97, C.C.P. 6/18/04
Planning, Division of Real Estate, has investigated several In the above referenced item, Your Honorable Body
sites in the Bailey/Kensington area for acquisition for a new approved the sale of a portion of 137 West Northrup in the
Fire Station. amount of Seven Thousand Five Hundred Dollars ($7,500.)
The sites at 3226, 3238, 3246, 3250 Bailey and 266 Hewitt to Mr. and Mrs. Donald Sanders, My Kids Day Care Center,
have been reviewed and recommended by the Fire for the construction of an 1 1,000 square foot day care
Department, the Facilities Task Force and MMA facility. Recent plans and survey now indicate that a portion
Consultants. The property owners are as follows: of 3012 Main Street will be needed for the project.
3226 & 3238 Bailey Owners: Plaza Group 151 LLC In addition to acquiring a portion of 3012 Main Street, the
3246 Bailey Owner: Robert B. Williams purchasers have requested a permanent parking easement
3250 Bailey Owners: Robert Williams & Valeria for a portion of the City-owned Park and Ride lot
266 Hewitt Owners: Plaza Group 200 LLC approximately100'x150'. The purchaser will pay
I am requesting that Your Honorable Body authorize the 0neThousand FiveHundred ($1,500) annually for the parking
Office of Strategic Planning, Division of Real Estate, to easement or a one time payment for such permanent
negotiate the acquisition of this property and report the easment based on its appraisal and to approval by the
results of those negotiations back to the Common Council Common Council
for final approval. On June 1, 2004 the City Planning Board voted to approve
Mr. Coppola moved: the site plan dated for May 18, 2004.
That the above communication from the Office of Strategic I am recommending that your Honorable Body approve the
Planning, Division of Real Estate, dated September 1, 2004, following:
be received and filed; and 1. .Rescind the prior Item #97, C.C.P. June 18, 2004.
That the Office of Strategic Planning, Division of Real Estate, 2. Approve the sale of a portion of 137 West Northrup and a
to negotiate the acquisition of the above listed properties and portion of 3012 Main Street, approximately 2.39 acres to Mr.
report the results of those negotiations back to the Common and Mrs. David Sanders in the amount of Eleven Thousand
Council for final approval. Four Hundred Fifty One Dollars ($11,451.). Said parcels are
PASSED shown on survey map by King Consulting & Engineers dated
AYES - 9 NOES - 0 July 8, 2004.
3. Approve permanent parking easement for that portion of
NO. 23 the City owned Park and Ride Lot shown on site plan
ACQUISITION OF REPLACEMENT LAND FOR by King Consulting & Engineers dated June 21, 2004,
HUDSON LINEAR PARK 4. Approve utility easement over a portion of 137 W.
ELLICOTT DISTRICT Northrup to connect to utilities located on Custer Street
The Office of Strategic Planning, Division of Real Estate, has I am further recommending that the Office of Strategic
received environmental reports and assessments, proposed Planning and the Corporation Counsel prepare the
deed, TP584 and RP5217 from the Buffalo Municipal necessary documents for the transfer of title and parking
Housing Authority in reference to land to be conveyed to the easement and that the Mayor be authorized to execute the
City of Buffalo for the replacement of the Hudson Linear same.
Park. Mr. Coppola moved
The Common Council hereby approves the amended This is to advise that copies of the Audited Financial
approval by the site plan dated 5/18/04 ragarding 3012 Main Statements and Other Financial Information of the City of
St with the attached 4 recommendations including rescinding Buffalo Enterprise Fund - Dunn Tire Park for the period
item #97 ccp 6/18/04 ended June 30, 2003 and for the year ended March 31, 2002
PASSED with Report of Independent Auditors has been delivered to
AYES - 9 NOES - 0 each to Councilmember, the Common Council Chief of Staff,
the City Clerk, the Mayor and the Budget Office. This will be
NO. 25 the final report for City of Buffalo Enterprise Fund - Dunn
SALE OF 84 & 86 ALEXANDER FROM CITY OF Tire Park, as the loan with New York State has been
BUFFALO TO BURKE BROTHERS CONSTRUCTION, forgiven and the operation of the stadium has been taken
INC. over by Bison Baseball, Inc. Effective July 1, 2003, any
The Office of Strategic Planning, Division of Real Estate has costs associated with the stadium will be recorded as part of
surveyed the city owned lots listed below on Alexander the City of Buffalo General Fund.
Street in the Cold Springs area. It has been determined This report is available as a public record for inspection by
these parcels are not needed for public purchase or future all interested parties.
development. Pursuant to Section 35 of the General Municipal Law, the
Burke Brothers Construction, Inc. is under contract by Ms. Common Council of the City of Buffalo may, at its discretion,
Dorothy Richardson, a low to moderate income buyer (80% prepare a written response to the report of external audit and
or less of medium income), to construct one house on 84 file such response with the City Clerk as a public record for
Alexander. The purchaser is qualified to receive a $25,000 inspection by all interested persons.
purchase subsidy. REFERRED TO THE COMMITTEE ON FINANCE
Upon sale of this home, title will conveyed to the purchaser.
This now parcel will become revenue producing to the City NO. 27
through payment of property taxes. This will also reduce the O.S.P. CONTRACT PERSONNEL
City inventory of vacant lots and the cost of maintaining them FOLLOW-UP AND REPLY
and reduces city wide slum and blight. The intent of this AUDIT RESOLUTION
transaction and project reflects and implements the Office Of ITEM NO 10 CCP 6/22/04
Strategic Planning's goal to making Buffalo's Neighborhoods ORIGINAL AUDIT FINDINGS
better for the next generation in the 2lst Century. Our There were in excess of 56 individuals paid as consultants in
collective job is to create sustainable, economical housing the years 2000 and 2001 (a few contracts in 2002) who fail
and improve the quality of life opportunities in Buffalo's one or more of the I.R.S. tests for Independent Contractor
Neighborhoods by removal of slums and blight as well status. Their payments should have been included in
seeding streets with affordable decent housing and turning salaries and wages, and withholdings taken on their income.
vacant non tax generating properties into tax generating The July I, 2004 letter of transmittal received from Executive
assets. Director Timothy Wanarnaker completes the open response
The Division of Permit and Inspection Services and Division requirement of the audit. The Director has instituted
of Collections have been contacted. There are no property procedures to restrict the use of contract personnel and
code violations, taxes or other liens owed to the City of require three levels of approval when appropriate.
Buffalo. This closes the file.
Property List: We would like to thank the Director for completing this part
84 Alexander Street is comprised of 84 and 86 Alexander which concerns contracts in effect prior to his tenure with the
We, therefore, recommend the city owned vacant lots noted City.
above be sold to Burke Brothers Construction, Inc. for One REFERRED TO THE COMMITTEE ON FINANCE
Thousand Dollars ($1,000.00) and no more on the following
conditions: 1) the specified structure to be erected on the NO. 28
premises within six (6) months; 2) the structure be occupied PROPOSED SALE OF MAIN PLACE
by low/mod income buyer-, 3) and the purchaser reside in MALL RAMP
their new home for a period of not less than ten (1 0) years. ITEM NO. 54, C.C.P. 7/6/04
Mr. Coppola moved: We have been asked to express our opinion on a
That the above communication from the Office of Strategic proposal by the Liberty Group (Mr. Patrick Hotung) to
Planning, Division of Real Estate, dated September 2, 2004, purchase the Main Place Mall Ramp.
be received and filed; and There have been numerous hearings, meetings, and a
That the offer from Burke Brothers Construction, Inc. in the substantial amount of correspondence on the subject.
sum of one thousand dollars ($ 1,000.00) for the purchase of The Comptroller Department's primary concern is the
84 and 86 Alexander Street, be and are hereby accepted protection of the bondholders' interests, including stability of
with the conditions as listed above; and the City's bond rating and tax-exempt status.
That the Corporation Counsel be authorized to prepare the The revenues from the ramps support the bonds used to
necessary documents for the transfer of title and that the construct and rehabilitate the City's ramps. The debt service
Mayor be authorized to execute the same, in accordance (principal and interest payments) are paid from ramp
with the terms of sale upon which the offer was submitted. revenues. If a ramp is sold, the amount received from the
PASSED sale and anticipated revenue from the remaining ramps must
AYES - 9 NOES - 0 be sufficient to cover outstanding debt service on all of the
ramps. Current financial reports show that revenues
FROM THE COMPTROLLER collected on the Main Place Ramp are used to cover costs
NO. 26 for ramps whose revenues do not cover annual costs.
AUDITED FINANCIAL STATEMENTS AND We have not seen evidence to support the assumption of
OTHER FINANCIAL INFORMATION - increased revenues as a result of a sale to the Liberty
CITY OF BUFFALO ENTERPRISE FUND - Group. Additionally, we deem the ability to retain control
DUNN TIRE PARK over the rates charged on the ramps critical to a coordinated
downtown parking program.
REFERRED TO THE COMMITTEE ON FINANCE REFERRED TO THE COMMITTEE ON FINANCE AND THE
CORPORATION COUNSEL
NO. 29
CERTIFICATE OF APPOINTMENT NO. 32
Appointment Effective: August 2, 2004 In the Department TAX CANCELLATION 2004-2005
of: Audit and Control Division of: Comptroller to the position Adjustments on the General City Tax for 2004-2005 were
of Deputy Comptroller, Exempt Appointment at the made on the following properties (list attached) to provide for
Maximum Starting Salary of $ 73,208 changes due to omitted or incorrect exemptions and
Darby R, Fishkin, 219 Anderson Place, Buffalo, NY 14222 assessment errors.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE 1, therefore, request that a warrant be drawn on General
City Charges, Org 17221008 Obj 4801 01 Tax Adjustment
Fund, in favor of the City for the taxes indicated on the
FROM THE COMMISSIONER OF ASSESSMENT AND attached list in the amount of $66,520.08.
TAXATION REFERRED TO THE COMMITTEE ON FINANCE
NO. 30
"A. THOMPSON-C. EVE" - FROM THE COMMISSIONER OF PUBLIC WORKS,
WOMEN FOR HUMAN RIGHTS AND PARKS AND STREETS
DIGNITY" NO. 33
ITEM #80, C.C.P. JULY 20, 2004 NOTIFICATION SERIAL #9953
(PROPERTY TAX REDEMPTION FOR INSTALL STOP SIGNS (ALL-WAY)
132 AND 139 MOHICAN) IN ROESCH AVENUE
The above item was referred to this Office for response. I AT NEWFIELD STREET (NORTH DISTRICT)
have been in communication with Mrs. Constance Eve STOP SIGNS (ALL-WAY) - INSTALL
concerning the tax status of the parcels assessed as 132 In conformity with Section 49 of Chapter 479 of the
and 139 Mohican, and attach a copy of my July 14, 2004 Ordinances of the City of Buffalo, the City Engineer hereby
letter to her outlining the taxes owed and the tax arrears notifies Your Honorable Body of this action supplementing,
liens that were sold by the City of Buffalo in 2003 to the amending, or repealing existing provisions of Chapter 479 of
Municipal Bond Bank Agency (the "MBBA"). the Ordinances, as stated below, to be effective forty five
As I explained to Mrs. Eve, real property taxes cannot be days after the first Council meeting at which they appear on
waived or forgiven. To do so would be in violation of the the agenda as an item business.
New York State Real Property Tax Law. In addition, Article That that part of Subdivision 9 Section I I of Chapter 479 of
8, Local Finances, Section 1, of the New York State Ordinances of the City of Buffalo be supplemented by adding
Constitution forbids a city from making a gift of its money or thereto the following: STOP SIGNS
property. VEHICLES ON SHALL STOP BEFORE ENTERING
In any event, even if the taxes could be waived or forgiven, Roesch Avenue Newfield Street
because the MBBA now owns the earlier tax liens on both This action is being taken per Police Emergency Order
properties, it has a priority interest, or first right of
foreclosure. The City of Buffalo no longer has a right to NOTIFICATION SERIAL #9954
foreclose and will have to continue to sell the later liens to REPEAL ONE-WAY STREET DIRECTION FELIX PLACE -
the MBBA. EASTBOUND FROM ST. MARYS ROAD TO POPLAR
REFERRED TO THE COMMITTEE ON FINANCE AVENUE
ONE-WAY STREET DIRECTION - REPEAL
NO. 31 In conformity with Section 49 of Chapter 479 of the
DELINQUENT ECIDA AND CITY Ordinances of the City of Buffalo, the City Engineer hereby
PILOT AGREEMENTS notifies Your Honorable Body of this action supplementing,
This will supplement my earlier communications of May amending, or repealing existing provisions of Chapter 479 of
20, 2004 and July 13, 2004 regarding the status of the Ordinances, as stated below, to be effective forty five
delinquent PILOT accounts. Attached is a listing of days after the first Council meeting at which they appear on
delinquent ECIDA and City PILOT accounts as of September the agenda as an item business.
1, 2004. The company name, address of the property That that part of Section 22 of Chapter 479 of Ordinances of
covered by the agreement, year of the unpaid billing and the the City of Buffalo be supplemented by repealing therefrom
unpaid amounts are listed separately. Also attached are the following: ONE WAY STREET DIRECTION
copies of letters the Department of Assessment and NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT
Taxation mailed on August 16, 2004 to the delinquent Felix Place eastbound
accounts. from St. Marys Road
In response, we received payment from West Genesee to Poplar Avenue
Hotel of $82,170.00 for the first half of the current amount This action is being taken as part of a "Police Emergency
due for fiscal 2003-04 and payment of $24,452.46 for the Order" in order to install all-way stop control at the
first half of the arrears amount due for fiscal 2003-04. intersection of St. Marys Road and Felix Place.
We also received payment from Stratford Arms Housing of (see next serial)
$1,342.85 representing the interest only that was owed to
the City. NOTIFICATION SERIAL #9955
With respect to Commitment 2000, Inc., SRK Broadway INSTALL STOP SIGNS (ALL-WAY) IN ST. MARYS ROAD
Assoc., LP., 211 Eagle, L.P. and Towers 4 & 7, L.P., we are AT FELIX PLACE
requesting the Corporation Counsel to review the PILOT STOP SIGNS (ALL-WAY) - INSTALL
Agreements on each of these unpaid accounts to determine In conformity with Section 49 of Chapter 479 of the
if there is a stipulation in the agreement that permits the City Ordinances of the City of Buffalo, the City Engineer hereby
to remove the tax exempt status of these properties and notifies Your Honorable Body of this action supplementing,
return them to taxable status. amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on and/or if current signalized intersections meet Federal/State
the agenda as an item business. warrants for the continued need of a traffic signal. This
That that part of Subdivision 9 Section I I of Chapter 479 of signal does not meet any of the current Federal and State
Ordinances of the City of Buffalo be supplemented by adding warrants for its continued operation. Given this, the signal at
thereto the following: STOP SIGNS Genesee/Barthel should be considered for removal.
VEHICLES ON SHALL STOP BEFORE ENTERING
St.Marys Road Felix Place NOTIFICATION SERIAL # 9958
This action is being taken as part of a "Police Emergency PARKING METERS - INSTALL
Order" in order to install all-way stop control at the ON ELMWOOD AVENUE, EAST SIDE
intersection of St. Marys Road and Felix Place and is BETWEEN AUBURN AVENUE
contingent upon the repeal of the one-way eastbound AND LANCASTER AVENUE.
ordinance for Felix Place. PARKING METERS - INSTALL
(see previous serial) In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
NOTIFICATION SERIAL #9956 notifies Your Honorable Body of this action supplementing,
TRAFFIC CONTROL SIGNAL - REPEAL amending, or repealing existing provisions of Chapter 479 of
GENESEE STREET AT JOHNSON STREET the Ordinances, as stated below, to be effective forty five
TRAFFIC CONTROL SIGNAL - REPEAL days after the first Council meeting at which they appear on
In conformity with Section 49 of Chapter 479 of the the agenda as an item business.
Ordinances of the City of Buffalo, the City Engineer hereby That that part of Subdivision 3 Section 33 of Chapter 479 of
notifies Your Honorable Body of this action supplementing, Ordinances of the City of Buffalo be supplemented by adding
amending, or repealing existing provisions of Chapter 479 of thereto the
the Ordinances, as stated below, to be effective forty five following: PARKING METERS
days after the first Council meeting at which they appear on HIGHWAYLOCATION PORTION OF HIGHWAY
the agenda as an item business. Elmwood Avenue, east side between Auburn Avenue and
That that part of Section 36 of Chapter 479 of Ordinances of Lancaster Avenue.
the City of Buffalo be supplemented by repealing thereftom This action is being taken in order to provide metered on-
the following: street parking on an increasingly commercial section of
TRAFFIC CONTROL SIGNAL Elmwood Avenue, at the request of the District
INTERSECTION OF Councilmembers.
Genesee Street at Johnson Street
This action is being taken as part of a Federally funded NOTIFICATION SERIAL # 9959
Congestion Mitigation/Air Quality (CMAQ) project. The PARKING METERS - INSTALL
project will involve the modernization of the existing signal ON ELMWOOD AVENUE, WEST SIDE
system along Genesee Street between Michigan and Bailey BETWEEN AUBURN AVENUE
Avenues. As part of the CM.AQ program, all existing AND LANCASTER AVENUE.
intersections contained in the project area must be analyzed PARKING METERS - INSTALL
according to Federal and State standards. This analysis In conformity with Section 49 of Chapter 479 of the
must be performed to determine if new signals are needed Ordinances of the City of Buffalo, the City Engineer hereby
and/or if current signalized intersections meet Federal/State notifies Your Honorable Body of this action supplementing,
warrants for the continued need of a traffic signal. This amending, or repealing existing provisions of Chapter 479 of
signal does not meet Any of the current Federal and State the Ordinances, as stated below, to be effective forty five
warrants for its continued operation. Given this, the signal at days after the first Council meeting at which they appear on
Genesee/Johnson should be considered for removal. the agenda as an item business.
That that part of Subdivision 3 Section 33 of Chapter 479 of
NOTIFICATION SERIAL #9957 Ordinances of the City of Buffalo be supplemented by adding
TRAFFIC CONTROL SIGNAL - REPEAL thereto the
GENESEE STREET AT BARTHEL STREET following: PARKING METERS
TRAFFIC CONTROL SIGNAL - REPEAL HIGHWAYLOCATION PORTION OF HIGHWAY
In conformity with Section 49 of Chapter 479 of the Elmwood Avenue, west side between Auburn Avenue and
Ordinances of the City of Buffalo, the City Engineer hereby Lancaster Avenue.
notifies Your Honorable Body of this action supplementing, This action is being taken in order to provide metered on-
amending, or repealing existing provisions of Chapter 479 of street parking on an increasingly commercial section of
the Ordinances, as stated below, to be effective forty five Elmwood Avenue, at the request of the District
days after the first Council meeting at which they appear on Councilmembers.
the agenda as an item business.
That that part of Section 36 of Chapter 479 of Ordinances of NOTIFICATION SERIAL # 9960 PARKING METERS -
the City of Buffalo be supplemented by repealing therefrom INSTALL ON FRANKLIN STREET, WEST SIDE BETWEEN
the following: NORTH STREET AND ALLEN STREET.
TRAFFIC CONTROL SIGNAL PARKING METERS - INSTALL
INTERSECTION OF In conformity with Section 49 of Chapter 479 of the
Genesee Street at Barthel Street Ordinances of the City of Buffalo, the City Engineer hereby
This action is being taken as part of a Federally funded notifies Your Honorable Body of this action supplementing,
Congestion Mitigation/Air Quality (CNILAQ) project. The amending, or repealing existing provisions of Chapter 479 of
project will involve the modernization of the existing signal the Ordinances, as stated below, to be effective forty five
system along Genesee Street between Michigan and Bailey days after the first Council meeting at which they appear on
Avenues. As part of the CMAQ program, all existing the agenda as an item business.
intersections contained in the project area must be analyzed That that part of Subdivision 3 Section 33 of Chapter 479 of
according to Federal and State standards. This analysis Ordinances of the City of Buffalo be supplemented by adding
must be performed to determine if new signals are needed thereto the
following: PARKING METERS That that part of Subdivision 3 Section 33 of Chapter 479 of
HIGHWAYLOCATION PORTION OF HIGHWAY Ordinances of the City of Buffalo be supplemented by adding
Franklin Street, west side between a point 75' south of thereto the following: PARKING METERS
North Street and a point 40' south therefrom. HIGHWAYLOCATION PORTION OF HIGHWAY
This action is being taken in order to provide two metered Elmwood Avenue, west side between Bird Avenue
on-street handicapped parking spaces at the request of the and Potomac Avenue.
Poinsett Corporation. (see next serial) This action is being taken in order to provide metered on-
street parking on an increasingly commercial section of
NOTIFICATION SERIAL # 9961 Elmwood Avenue, at the request of business owners on
INSTALL HANDICAPPED PARKING Elmwood and the Director of Parking Enforcement.
FRANKLIN STREET, WEST SIDE # 9953 to 56, 58, 59 waive 45 days
BETWEEN A POINT 75' SOUTH OF NORTH STREET RECEIVED AND FILED
AND A POINT 40' SOUTH THEREFROM. 9957, 9960, TO 9963 REFERRED TO THE COMMITTEE
HANDICAPPED PARKING - INSTALL ON LEGISLATION
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby NO. 34
notifies Your Honorable Body of this action supplementing, REPORT OF BIDS
amending, or repealing existing provisions of Chapter 479 of BUFFALO CITY COURT BUILDING
the Ordinances, as stated below, to be effective forty five RENOVATION OF RECORDS ROOM & OFFICE
days after the first Council meeting at which they appear on JOB NO. 0434
the agenda as an item business. ELLICOTT DISTRICT
That that part of Subdivision 26 Section 15 of Chapter 479 of I asked for and received the following informal bids for the
Ordinances of the City of Buffalo be supplemented by adding Buffalo City Court Building, Renovation of Records Room
thereto the following: HANDICAPPED PARKING and Office, on August 31, 2004.
HANDICAPPEDPARKINGLOCATION PERIOD OF Miller Enterprises, Inc. $18,700.00
HANDICAPPED PARKING 12 Newfield, Buffalo, NY
Franklin Street, west side At all times BRD, Inc. $19,800.00
between a point 75' south of North Street 82 Pearl, Buffalo, NY
and a point 40' south therefrom. Allgaier Construction No Bid
This action is being taken in order to provide two metered 4790 Thompson, Clarence Ctr, NY
on-street handicapped parking spaces at the request of the I hereby certify that the foregoing is a true and correct
Poinsett Corporation. (see previous serial) statement of all bids received and that Miller Enterprises,
Inc., in the amount of Eighteen Thousand Seven Hundred
NOTIFICATION SERIAL # 9962 and 00/100 Dollars ($18,700.00) is the lowest responsible
PARKING METERS - INSTALL bidder in accordance with the plans and specifications.
ON ELMWOOD AVENUE, EAST SIDE I recommend that Your Honorable Body authorize the
BETWEEN POTOMAC AVENUE Commissioner of Public Works, Parks & Streets to order the
AND BIRD AVENUE. work on the basis of the low bids. Funds for this project are
PARKING METERS - INSTALL available in the 35320806 445100 - Buildings.
In conformity with Section 49 of Chapter 479 of the Mr. Coppola Moved:
Ordinances of the City of Buffalo, the City Engineer hereby That the above communication from the Commissioner of
notifies Your Honorable Body of this action supplementing, Public Works, Parks and Streets dated September 2, 2004,
amending, or repealing existing provisions of Chapter 479 of be received and filed; and
the Ordinances, as stated below, to be effective forty five That the Commissioner of Public Works, Parks and Streets,
days after the first Council meeting at which they appear on be, and he hereby is authorized to award a contract for the
the agenda as an item business. Buffalo City Court Building, to Miller Enterprises, Inc., the
That that part of Subdivision 3 Section 33 of Chapter 479 of lowest responsible bidder, in the amount of $18,700. Funds
Ordinances of the City of Buffalo be supplemented by adding for the project are available in 35320806 445100 - Division of
thereto the following: PARKING METERS Buildings.
HIGHWAY LOCATION PORTION OF HIGHWAY PASSED
Elmwood Avenue, east side between Potomac Avenue AYES - 9 NOES - 0
and Bird Avenue.
This action is being taken in order to provide metered on-NO. 35
street parking on an increasingly commercial section of REPORT OF BIDS
Elmwood Avenue, at the request of business owners on KLEINHANS MUSIC HALL
Elmwood and the Director of Parking Enforcement. INTERIOR RENOVATIONS
JOB NO. 0347
NOTIFICATION SERIAL # 9963 NIAGARA DISTRICT
PARKING METERS - INSTALL I asked for and received the following informal bids for
ON ELMWOOD AVENUE, WEST SIDE Kleinhans Music Hall, Interior Renovations, on July 28, 2004.
BETWEEN BIRD AVENUE Allgaier Construction Corp. $12,085.00
AND POTOMAC AVENUE. 4790 Thompson, Clarence, NY
PARKING METERS - INSTALL BRD Construction $16,964.00
In conformity with Section 49 of Chapter 479 of the 82 Pearl, Buffalo, NY
Ordinances of the City of Buffalo, the City Engineer hereby The Peyton Barlow Co. $19,971.00
360 Delaware, Buffalo,
notifies Your Honorable Body of this action supplementing, NY
I hereby certify that the foregoing is a true and
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
correct statement of all bids received and that
days after the first Council meeting at which they appear on
Allgaier Construction Corp., in the amount of Twelve
the agenda as an item business.
Thousand Eighty Five and 00/1 00 Dollars
I advertised on July 29, 2004 and have received the
following bids for the site and facility improvements at 382
($12,085.00) is the lowest responsible bidder in
Massachusetts Avenue, which were publicly opened & read
accordance with the plans and specifications.
on August 19, 2004.
I recommend that Your Honorable Body authorize the
Electrical Contractor Base Bid
Commissioner of Public Works, Parks & Streets to order the
Frey Electric Construction Co. $58,000
work on the basis of the low bids. Funds for this project are
100 Pearce Avenue
available in the 34322206 4451 00 - Buildings.
Tonawanda, NY 14150
Mr. Coppola moved:
Weydman Electric, Inc. $59,280
That the above communication from the Commissioner of
747 Young Street
Public Works, Parks and Streets dated August 5, 2004, be
Tonawanda, NY 14150
received and filed; and
I hereby certify the foregoing is a true and correct statement
That the Commissioner of Public Works, Parks and Streets,
of the bids received and that Frey Electric Construction Co.,
be, and he hereby is authorized to award a contract for
100 Pearce Avenue, Tonawanda, NY 14150 is the lowest
Kleinhans Music Hall, Interior Renovations, to Allgaier
responsible bidder in accordance with the plans and
Construction Corp., the lowest responsible bidder, in the
specifications; and that the contract amount is $58,000.
amount of $12,085.00. Funds for the project are available in
I request that Your Honorable Body authorize the
34322206 445 1 00 - Division of Buildings.
Commissioner of Public Works, Parks & Streets to order the
PASSED
work on the basis of the low bids. Funds for this work will be
AYES - 9 NOES - 0
available from a future bond sale. The National Park Service
has awarded a UPARR grant in the amount of $360,500 to
NO. 36
the City for this project, these funds will be received upon
REPORT OF BIDS
completion of the project.
MASSACHUSETTS AVENUE PROJECT
Mr. Coppola moved
RECREATION IMPROVEMENTS
That the above communication from the Commissioner of
(NIAGARA)
Public Works, Parks and Streets dated September 1, 2004,
I advertised on July 29, 2004 and have received the
be received and filed; and
following bids for the site and facility improvements at 382
That the Commissioner of Public Works, Parks and Streets,
Massachusetts Avenue, which were publicly opened & read
be, and he hereby is authorized to award a contract for the
on August 19, 2004.
site and facility improvements at 382 Massachusetts, to Frey
Plumbing Contractor Base Bid
Electric Construction Co., the lowest responsible bidder, in
MKS Plumbing Corporation $31,313
the amount of $58,000. Funds for the project are available
19 Ransier Drive
from a future bond sale. The National Park Service has
West Seneca, NY 14224
awarded a UPARR grant in the amount of $360,500 to the
W.C. Roberson Plumbing & Construction $31,395 602 East
City for this project; these funds will be received upon
Delevan Avenue
completion of the project.
Buffalo, NY 14211
PASSED
I hereby certify the foregoing is a true and correct statement
AYES - 9 NOES - 0
of the bids received and MKS Plumbing Corporation, 19
Ransier Drive, West Seneca, NY 14224 is the lowest
NO. 38
responsible bidder in accordance with the plans and
REPORT OF BIDS
specifications; and that the contract amount is $31,313.
MASSACHUSETTS AVENUE PROJECT
I request that Your Honorable Body authorize the
RECREATION IMPROVEMENTS
Commissioner of Public Works, Parks & Streets to order the
(NIAGARA)
work on the basis of the low bids. Funds for this work will be
I advertised on July 29, 2004 and have received
available from a future bond sale. The National Park Service
the following bids for the site and facility improvements at
has awarded a UPARR grant in the amount of $360,500 to
382 Massachusetts Avenue, which were publicly opened &
the City for this project, these funds will be received upon
read on August 19, 2004.
completion of the project.
Mechanical Contractor Base Bid
That the above communication from the Commissioner of
W.C. Roberson Plumbing & Construction $59,000
Public Works, Parks and Streets dated September 1, 2004,
602 East Delavan Avenue
be received and filed; and
Buffalo, NY 14211
That the Commissioner of Public Works, Parks and Streets,
John W. Danforth Company $ 62,900
be, and he hereby is authorized to award a contract for the
2100 Colvin Boulevard
site and facility improvements at 382 Massachusetts, to MKS
Tonawanda, NY 14150
Plumbing Corporation, the lowest responsible bidder, in the
I hereby certify the foregoing is a true and correct
amount of $31,313.00. Funds for the project are available
statement of the bids received and that W.C. Roberson
from a future bond sale. The National Park Service has
Plumbing & Construction Corp., 602 East Delavan Avenue,
awarded a UPARR grant in the amount of $360,500 to the
Buffalo, NY 14211 is the lowest responsible bidder in
City for this project; these funds will be received upon
accordance with the plans and specifications; and that the
completion of the project.
contract amount is $59,000.
PASSED
I request that Your Honorable Body authorize the
AYES - 9 NOES - 0
Commissioner of Public Works, Parks & Streets to order the
work on the basis of the low bids. Funds for this work will be
NO. 37
available from a future bond sale. The National Park Service
REPORT OF BIDS
has awarded a UPARR grant in the amount of $360,500 to
MASSACHUSETTS AVENUE PROJECT
the City for this project, these funds will be received upon
RECREATION IMPROVEMENTS
completion of the project.
(NIAGARA) 58 AA
That the above communication from the Thomann Asphalt Paving Corp.
Commissioner of Public Works, Parks and Streets dated $160,775.00 $176,852.50
September 1, 2004, be received and filed; and 56 Gunville Road, Lancaster, NY 14086
Mr. Coppola moved: Birch Grove landscaping & Nursery, Inc.
That the Commissioner of Public Works, Parks and Streets, 195,550.00 $211,627.50
be, and he hereby is authorized to award a contract for the P.O. Box 117, East Aurora, NY 14052
site and facility improvements at 382 Massachusetts, to C. Destro Development Co., Inc.
W.C. Roberson Plumbing & Construction, the lowest $197,287.50 $213,365.00
responsible bidder, in the amount of $59,000. Funds for the 3150 Seneca Street, West Seneca, NY 14224
project are available from a future bond sale. The National Amherst Paving, Inc.
Park Service has awarded a UPARR grant in the amount of $214,042.00 $230,119.50
$360,500 to the City for this project; these funds will be 330 Meyer Road, Buffalo, NY 14226
received upon completion of the project. I hereby certify that the lowest responsible bidder for the
Passed. above project is Thomann Asphalt Paving Corp.
AYES-9. NOES-0. I respectfully recommend that your Honorable Body
authorize a contract award in the amount of $176,852.50
NO. 39 ($160,775.00 Base Bid + 10% unit price increase $16,077.50
REPORT OF BIDS = Total Award S 176,852.50 Funds for this work are in
PARKSIDE LODGE Capital Project Account t#13112006-443100. The engineer’s
UPDATE OUTSIDE LIGHTING estimate for this work is $165,000.00.
JOB NO. 0432 The attached is certified to be a true and correct statement
-PARKSIDE DISTRICT of the two (2) lowest bids received. Under provisions of the
I asked for and received the following informal bids for the General Municipal Law, any of the bidders may withdraw his
Parkside Lodge, Update Outside Lighting, on August 31, bid if an award of the contract is not made by September 11,
2004. 2004. Individual bid submissions are available in our office
Tunney Electric $1,955.00 for inspection and copies are available upon request.
8565 Roll, Clarence Ctr, NY Mr. Coppola moved:
Metro Electrical $2,268.00 That the above communication from the Commissioner of
100 Atlantic, Buffalo, NY Public Works, Parks and Streets dated August 31, 2004, be
Weydman Electric $2,695.00 received and filed; and
747 Young, Tonawanda, NY That the Commissioner of Public Works, Parks and Streets,
Goodwin Electric No Bid be, and he hereby is authorized to award a contract for
121 California, Williamsville, NY Repair to City Pavements H - 2004, Group #629, to
I hereby certify that the foregoing is a true and correct Thomann Asphalt Paving Corp., the lowest responsible
statement of all bids received and that Tunney Electric, in bidder, in the amount of $176,852.50 ($160,775.00 base bid
the amount of One Thousand Nine Hundred Fifty Five and + 10% unit price increase $16,077.50 = Total Award
00/100 Dollars ($1,955.00) is the lowest responsible bidder $176,852.50). Funds for the project are available in Capital
in accordance with the plans and specifications. Project Account#13112006443100.
I recommend that Your Honorable Body authorize the Passed.
Commissioner of Public Works, Parks & Streets to order the AYES-9. NOES-0.
work on the basis of the low bids. Funds for this project are
available in the 30332606 445100 - Buildings. NO. 41
Mr. Coppola moved: REPORT OF BIDS
That the above communication from the CITY WIDE PRIORITY TREE REMOVALS
Commissioner of Public Works, Parks and Streets dated WINTER 2004
September 1, 2004, be received and filed; and GROUP #630
That the Commissioner of Public Works, Parks This is to advise your Honorable Body that I have
and Streets, be, and he hereby is authorized to award a advertised and received bids for Winter 2004 City-Wide
contract for the Parkside Lodge, Update Outside Lighting, to Priority Tree Removal, Group #630.
Tunney Electric, the lowest responsible bidder, in the In obtaining bids for the above project, I have asked for bids
amount of $1,955.00. Funds for the project are available in on a unit price covering the various items of work and
the 30332606 445100 - Buildings. material which will be performed. The final cost of the work
Passed. will be based on the actual measured quantities of materials
AYES-9. NOES-0. entering into the work and may be either more or less than
the total bid.
NO. 40 The following bids were received:
REPORT OF BIDS Base Bid Unit Price Increase
REPAIR TO CITY PAVEMENTS II-2004, GROUP #629 Manko Cons Services
THOMANN ASPHALT PAVING CORP. $337,785.00 $371,563.50
ITEM #126, C.C.P. 3/3/98 192 Witmer Rd.
This is to advise your Honorable Body that I have advertised N. Tonawanda, NY 14120-2444
and received bids Schneck's Tree Removal, Inc.
In obtaining bids for the above project, I have asked for bids $397,919.00 $437,710.90
on a unit price covering the various items of work and 2861 Southwestern Blvd.
material which will be performed. The final cost of the work Orchard Park, NY 14127
will be based on the actual measured quantities of materials *Adjusted Amount
entering into the work and may be either more or less than I hereby that the lowest responsible bidder for the above
the total bid. project is Manko Cons Services. I respectfully recommend
The following bids were received: that your Honorable Body authorize a contract award in the
Base Bid Unit Price Increase amount of $371,565.50 ($337,785.00 Base Bid + 10% unit
price increase $33,778.50 = Total Award $371,563.50). BLOCK GRANT FUND TRANSFER
Funds for this work are in Capital Project Account 37400206. OVERLAY OF CITY PAVEMENTS - 2004
The engineer's estimate for this work is $350,000. CDBG REIMBURSEMENT
That the above communication from the Commissioner of I hereby request that Your Honorable Body authorize a
Public Works, Parks and Streets dated September 1, 2004, transfer of CDBG funds in the amount of $1,000,000.00 from
be received and filed; and CDBG Account #30-50201 to our Capital Project Account
That the Commissioner of Public Works, Parks and Streets, #10311010-337301 for partial funding of the 2004 Overlay of
be, and he hereby is authorized to award a contract for city Pavements. (See attached BURA Item 3A of August 26,
Winter 2004 City-Wide Priority Tree Removals, Group #630, 2004.)
to Manko Cons Services, the lowest responsible bidder, in That the above communication from the Commissioner of
the amount of $371,565.50 ($337,785.00 base bid + 10% Public Works, Parks and Streets dated September 1, 2004,
unit price increase $33,778.50 = Total Award $371,563.50). be received and filed; and
Funds for the project are available in Capital Project Account That a transfer of CDBG funds in the amount of
37400206. $1,000,000.00 from CDBG Account #30-50201 to Capital
Passed. Project Account #10311010-337301 for partial funding of the
Ayes-9. Noes-0. 2004 Overlay of City Pavements, be approved.
Passed.
NO. 42 AYES-9. NOES-0.
REPORT OF BIDS
WINTER 2004 NO. 44
CITY WIDE PRIORITY TREE TRIMMING BLOCK GRANT FUND TRANSFER
GROUP #631 NORTH DISTRICT SIDEWALKS AND CURBS
This is to advise your Honorable Body that I have advertised (NORTH)
and received bids for Winter 2004 City-Wide Priority Tree I hereby request that Your Honorable Body authorize a
Trimming, Group #631. transfer of CDBG Funds in the amount of $98,486-96 from
In obtaining bids for the above project, I have asked for bids CDBG Account #29-07200 to our Capital Account
on a unit price covering the various items of work and #30032106 for partial funding of new sidewalks on
material which will be performed. The final cost of the work Tonawanda Street. (See attached BURA Item 3C of April 8,
will be based on the actual measured quantities of materials 2004. $9,000 of this funding has been identified for
entering into the work and may be either more or less than demolition work in the North District)
the total bid. That the above communication from the
The following bids were received: Commissioner of Public Works, Parks and Streets dated
Base Bid Unit Price Increase September 1, 2004, be received and filed; and
Schneck's Tree Removal, Inc. That a transfer of CDBG funds in the amount of
9,540.00 230,494.00 $98,486.96 from CDBG Account #29-07200 to Capital
2861 Southwestern Blvd. Project Account #30032106 for partial funding of new
Orchard Park, NY 14127 sidewalks on Tonawanda Street, be approved.
Specialized Tree Service Passed.
6,934.00 238,627.40 AYES-9. NOES-0.
P.O.Box 460
East Aurora, NY 14052 NO. 45
The Davey Tree Expert Co. BUD BAKEWELL BRUINS HOCKEY ASSOC. REQUEST
0,525.00 286,577.50 TO WAIVE RENTAL FEES (NORTH)
1500 N. Mantua St Attached please find a request from the Bud Bakewell Bruins
*Adjusted Amount Hockey Association to waive increased rental fees from
I hereby that the lowest responsible bidder for the above January 1, 2003 to April 30, 2003. The amount requested to
project is Schneck's Tree Removal, Inc. I respectfully be waived is $9,225.00.
recommend that your Honorable Body authorize a contract If Your Honorable Body feels that the waiver is appropriate,
award in the amount of 230,494.00 (209,540.00 Base Bid + please direct the Comptroller to credit invoice II 987 in the
10% unit price increase 20,954.00 = Total Award amount of $2,900.00, Invoice 12088 in the amount of
$230.494.0). Funds for this work are in Capital Project $2,387.50, and invoice 043002 in the amount of $3,937.50.
Account 37400206. The engineer's estimate for this work is Mr. Coppola moved:
300,000. The Common Council hereby approves the waiver of rental
That the above communication from the Commissioner of fees for the Bud Bakewell Bruins Hockey Association for the
Public Works, Parks and Streets dated September 1, 2004, period January 1, 2003 to April 30, 2004 in the amount of
be received and filed; and $9,225.00.
That the Commissioner of Public Works, Parks and Streets, PASSED.
be, and he hereby is authorized to award a contract for AYES-9. NOES-0.
Winter 2004 City-Wide Priority Tree Trimming, Group #631,
to Schneck's Tree Removal, Inc., the lowest responsible NO. 46
bidder, in the amount of $230,494.00 ($209,540.00 base bid BUFFALO RAIDERS LITTLE LEAGUE FOOTBALL
+ 10% unit price increase $20,954.00 = Total Award ITEM NO. 74, C.C.P. 06/22/04
$230,494.00). Funds for the project are available in Capital The referenced item was sent to this department for
Project Account 37400206. comment.
Passed. According to the August 4, 2004 report from the City
AYES-9. NOES-0. Comptroller, there is currently $2.2 M in authorized but
unissued bonds for Citywide park improvements. It was the
NO. 43 intention of this department to utilize funds from these bonds
to fund the work mentioned in the communication from the
Buffalo Raiders. However, during deliberations to decide
what projects were to be included in the most recent bond That the Commissioner of Public Works, Parks
sale (May 2004), the BFSA, because of uncertainty with our and Streets be, and he hereby is authorized to issue change
proposed merger of parks with the County of Erie, did not order No. 3, to DCB Elevator Co., Inc., an increase in the
include any funding for capital improvements to City parks. amount of $31,790.00, as more fully described in the above
If funds are made available in the future, we will consider this communication, for work relating to City Hall, Elevator
project at Emerson Park. Modernization, Low Rise, General Construction, C
REFERRED TO THE COMMITTEE ON
#92010806. Funds for this project are available in 36322206
445100 - Division of Buildings.
FINANCE.
Passed
AYES-9. NOES-0.
No. 47
BUFFALO WATER BOARD NO. 49
SALE OF WATER TO ERIE COUNTY WATER CHANGE IN CONTRACT
AUTHORITY CITY HALL
Attached for your review, please find the following ROOF RECONSTRUCTION
documents relating to actions of the Buffalo Water Board: JOB #0290
1. Memorandum of Understanding between the Buffalo ELLICOTT DISTRICT
Water Board and the Erie County Water Authority for I hereby submit to Your Honorable Body the following
the acquisition, financing, improvement, operation, changes for City Hall, Roof Reconstruction, Weaver Roofing,
maintenance and repair of the Buffalo Water System, C #92010801.
along with corresponding Resolution of the Board. 1. Construction contingency. Deduct $
2. Draft copy of the engineering and valuation report with 7,500.00
respect to the Erie County Water Authority's proposed 2. Install additional roofing ply over existing steel deck. Add
acquisition of the water system. $786.03 3. Install flat seam lead coated copper roofing.
3. Resolution of the Buffalo Water Board to request a Add $ 17,500.00
referendum with respect to the Buffalo Water System. The foregoing change results in a net increase in the
Please not that in this resolution the Board respectfully contract of Ten Thousand Seven Hundred Eighty Six and
requests that the Buffalo Common Council schedule a 03/100 Dollars ($10,786.03).
referendum as soon as possible. Summary:
REFERRED TO THE COMMITTEE ON FINANCE. Current Contract Amount $ 210,000.00
Amount of This Change Order (#1) Add $ 10,786.03
NO. 48 Revised Contract Amount $ 220,786.03
CHANGE IN CONTRACT Costs have been reviewed by the Consulting Architect
CITY HALL (Barton, Hovey, Nardini & Tries Architects) and the
ELEVATOR MODERNIZATION - LOW RISE Department of Public Works, Parks & Streets and were
JOB #0326 found to be fair and equitable. Funds for this work are
ELLICOTT DISTRICT available in 36322206 445100 - Division of Buildings.
I hereby submit to Your Honorable Body the following I request that Your Honorable Body authorize the
changes for City Hall, Elevator Modernization Low Rise, Commissioner of Public Works, Parks & Streets to issue a
General Construction, DCB Elevator, C #92010806. change order to the contractor as set forth above.
1 . Additional QEI testing of elevators per City requirements. Mr. Coppola Moved:
Add $4,640.00 That the above communication from the Commissioner of
2. Replace 8 elevator pit doors due to asbestos. Add Public Works, Parks and Streets dated July 22, 2004, be
$5,500.00 received and filed; and
3. Install compensation tie downs; high rise and freight That the Commissioner of Public Works, Parks and Streets
elevators per NYS Elevator Code. Add $ 11,000.00 be, and he hereby is authorized to issue change order No. 1,
4. Refurbish hall lanterns on PE8 to match modernized cars. to Weaver Roofing, an increase in the amount of
Add $4,900.00 $10,786.03, as more fully described in the above
5. Install 2 new side rails in 5 refurbished cabs. Add communication, for work relating to City Hall, Roof
$5,750.00 Reconstruction, Job #0290, C #92010801. Funds for this
The foregoing change results in a net increase in the project are available in 36322206 445 1 00 - Division of
contract of Thirty One Thousand Seven Hundred Ninety and Buildings.
00/100 Dollars ($31,790.00). Passed
Summary: AYES-9. NOES-0.
Current Contract Amount $923,516.50
Amount of This Change Order (#3) Add $ 31,790.00 NO. 50
Revised Contract Amount $955,306.50 CHANGE IN CONTRACT
Costs have been reviewed by the Consulting Architect CITY-WIDE SIDEWALK REPLACEMENT - 2004
(DiDonato Associates) and the Department of Public Works, P & J CONSTRUCTION CO., INC., GROUP #624
Parks & Streets and were found to be fair and equitable. CONTRACT #92010888
Funds for this work are available in 36322206 445100 - I hereby submit to your Honorable Body the following unit
Division of Buildings. price additions to the contract for the above named Project.
I request that Your Honorable Body authorize the This change order was necessary to replace the concrete
Commissioner of Public Works, Parks & Streets to issue a sidewalk in fi7ont of City Hall. Portions of the sidewalk have
change order to the contractor as set forth above. deteriorated to the point where it is a liability for the City.
Mr. Coppola moved: Change order quantities are as follows:
That the communication from the Commissioner of Public List in Clerk’s Total $63,075.00
Works, Parks and Streets dated August 25, 2004, be Existing Contract Amount $919,887.07
received and filed; and Increase in Contract $63,075.00
Total Contract to Date $982,962.07
Funds for this change are available in Capital Projects I hereby submit to Your Honorable Body the following
Account #30339806. changes for the North Jefferson Library,
I respectfully certify that this change order is fair and Construction, General Construction, Patrick Development of
equitable for the work involved, and respectfully request that WNY, Inc., C #92010833.
your Honorable Body approve the subject Change order and 1. Replacement of the 12" existing clay tile sewer.
authorize the Commissioner of Public Works to issue said Add $ 9,915.00
change order to P & J Construction Co., Inc. The foregoing change results in a net increase in the
Mr. Coppola moved: contract of Nine Thousand Nine Hundred
That the above communication from the Commissioner of Fifteen and 00/100 Dollars ($9,915.00).
Public Works, Parks and Streets dated August 31, 2004, be Summary:
received and filed; and Current Contract Amount $3,024,607.00
That the Commissioner of Public Works, Parks and Streets Amount of This Change Order (#2) Add $ 9.915.00
be, and he hereby is authorized to issue a change order, to Revised Contract Amount $3,034,522.00
P & J Construction Co., Inc., an increase in the amount of Costs have been reviewed by the Consulting Architect
$63,075.00, as more fully described in the above (Robert Traynharn Coles, Architect, P.C.)
communication, for work relating to City-Wide Sidewalk and the Department of Public Works, Parks & Streets and
Replacement - 2004, Group #624, Contract #92010888. were found to be fair and equitable. Funds for this work are
Funds for this project are available in Capital Projects available in 37320306 4451 00 - Division of Buildings.
Account #30339806. I request that Your Honorable Body authorize the
Passed Commissioner of Public Works, Parks & Streets to issue a
AYES-9. NOES-0. change order to the contractor as set forth above.
That the above communication from the Commissioner of
NO. 51 Public Works, Parks and Streets dated August 20, 2004, be
CHANGE IN CONTRACT received and filed; and
HISTORICAL SOCIETY That the Commissioner of Public Works, Parks and Streets
EXTERIOR RESTORATION be, and he hereby is authorized to issue change order No. 2,
1901 PAN-AM EXPO BUILDING to Patrick Development of WNY, Inc., an increase in the
JOB #0411 amount of $9,915.00, as more fully described in the above
NORTH DISTRICT communication, for work relating to the North Jefferson
I hereby submit to Your Honorable Body the following Library, General Construction, Job #0324, Contract
changes for the Historical Society, Exterior #92010833. Funds for this project are available in
Restoration, 1901 Pan-Am Expo Building, Plumbing Work, 37320306-445 1 00 - Division of Buildings.
M.K.S. Plumbing Corp., C #92010882. PASSED
1. Replaced broken Ustorm sewer. Add $ 355.22 AYES - 9 NOES - 0
The foregoing change results in a net increase in the
contract of Three Hundred Fifty Five Dollars and 22/100 NO. 53
Dollars ($355.22). CHANGE IN CONTRACT
Summary: Current Contract Amount $ 32,222.00 SHEA'S PERFORMING ARTS CENTER
Amount of This Change Order (#1) Add $355.22 NEW CHILLER
Revised Contract Amount $ 32,577.22 JOB #0429
Costs have been reviewed by the Consulting Architect ELLICOTT DISTRICT
(Hamilton, Houston, Lownie Architects) I hereby submit to Your Honorable Body the following
and the Department of Public Works, Parks & Streets and changes for Shea's Performing Arts Center,
were found to be fair and equitable. Funds for this work are New Chiller, W. C. Roberson Plumbing & Heating, P.O.
available in 31510006 445100 - Division of Buildings. #16000569-0.
I request that Your Honorable Body authorize the 1. Relocate 30 ton water cooled condensing unit.
Commissioner of Public Works, Parks & Streets to issue a Add $ 2,700.00
change order to the contractor as set forth above. The foregoing change results in a net increase in the
Mr. Coppola moved: purchase order of Two Thousand Seven
That the above communication from the Commissioner of Hundred and 00/100 Dollars ($2,700.00).
Public Works, Parks and Streets dated August 11, 2004, be Summary: Current Purchase Order Amount
received and filed; and $ 17,100.00
That the Commissioner of Public Works, Parks and Streets Amount of This Change Order (#1) Add $ 2,700.00
be, and he hereby is authorized to issue change order No. 1, Revised Contract Amount $ 19,800.00
to M.K. S. Plumbing Corp., an increase in the amount of Costs have been reviewed by the Department of Public
$355.22, as more fully described in the above Works, Parks & Streets and were found to be fair and
communication, for work relating to the Historical Society, equitable. Funds for this work are available in 31405856
Exterior Restoration, 1901 Pan-Am Expo Building, Plumbing 445100 - Division of Buildings.
Work, Job #041 1, Contract#92010882. Funds for this I request that Your Honorable Body authorize the
project are available in 3l5lOOO6-445100-Division of Commissioner of Public Works, Parks & Streets to issue a
Buildings. change order to the contractor as set forth above.
Passed That the above communication from the Commissioner of
AYES-9. NOES-0. Public Works, Parks and Streets dated August 20, 2004, be
received and filed; and
NO. 52 That the Commissioner of Public Works, Parks and Streets
CHANGE IN CONTRACT be, and he hereby is authorized to issue change order No. 1,
NORTH JEFFERSON LIBRARY to W. C. Roberson Plumbing & Heating, an increase in the
CONSTRUCTION amount of $2,700.00, as more fully described in the above
JOB #0324 communication, for work relating to Shea's Performing Arts
MASTEN DISTRICT Center, New Chiller, Job #0429, Contract #16000569-0.
Funds for this project are available in 31405856-445100 - Amount of This Change Order (#1) Add $287.50 Revised
Division of Buildings. Purchase Order Amount $ 12,151.50
PASSED Costs have been reviewed by the Department of Public
AYES - 9 NOES - 0 Works, Parks & Streets and were found to be fair and
equitable. Funds for this work are available in
NO. 54 34310306445100-Divisionof Buildings.
CHANGE IN CONTRACT I request that Your Honorable Body authorize the
SHEA'S PERFORMING ARTS CENTER Commissioner of Public Works, Parks & Streets to issue a
PHASE I - EXTERIOR RESTORATION change order to the contractor as set forth above.
EAST WALL & MAIN ST. FACADE Mr. Coppola moved
JOB #0335 That the Communication from the Commissioner of
ELLICOTT DISTRICT Public Works, Parks and Streets dated August 31, 2004, be
I hereby submit to Your Honorable Body the following received and filed; and
changes for Shea's Performing Arts Center, That the Commissioner of Public Works, Parks and Streets
Phase I - Exterior Restoration, East Wall & Main St. Fagade, be, and he hereby is authorized to issue change order No. 1,
General Construction, Rodems Construction Co., C to Metro Electric and Communications, an increase in the
#92010815. amount of $287.50, as more fully described in the above
1 . Additional B-Vent piping and adapters. communication, for work relating to Seneca Babcock
Add $ 2,708.00 Community Center, 2 nd Floor Renovations, Electrical, Job
2. Additional lead base paint removal in alley. #0412EP.O.#15008798-0. Funds for this project are
Add $ 2,033.00 available in 34310306-445100-DivisionofBuildings.
3. Steel modifications to fire escape due to unforeseen PASSED
conditions in existing walls. Add $ 9,089.00 AYES - 9 NOES - 0
4. Paint revisions to blade sign. Add $ 2,240.00 5. Furnish
and install louvers in GFTC pediment. Add $905.00 NO. 56
The foregoing change results in a net increase in the 333 FRANKLIN STREET
contract of Sixteen Thousand Nine Hundred Seventy Five ENCROACHMENT
and 00/100 Dollars ($16,975.00). WITHIN CITY RIGHT OF WAY
Summary: Current Contract Amount $1,779,814.00 (ELLICOTT DISTRICT)
Amount of This Change Order (#7) Add $16,975.00 Mr. Mark Croce, owner of Laughlins Beef and Barrel, a
Revised Contract Amount $1,796,789.00 restaurant located at 333 Franklin Street, has requested
Costs have been reviewed by the Consulting Architect permission to install a permanent sidewalk cafd and elevated
(Kideney Architects) and the Department of Public Works, walkway within City right of way at said address. The City
Parks & Streets and were found to be fair and equitable. Planning Board has approved this proposal at their meeting
Funds for this work are available in 31405856 4451 00 - of August 23. 2004.
Division of Buildings. The Department of Public Works. Parks and Streets has
I request that Your Honorable Body authorize the reviewed this request with regards to the encroachment
Commissioner of Public Works, Parks & Streets to issue a issue and has no objection to said installation provided there
change order to the contractor as set forth above. is sufficient public sidewalk remaining (a minimum of rive
That the above communication from the Commissioner of feet) for safe pedestrian passage. The applicant should be
Public Works, Parks and Streets dated August 24, 2004, be charged the appropriate fee as described in Chapter 175
received and filed; and (Fees) of the Citv Charter and must provide insurance. in an
That the Commissioner of Public Works, Parks and Streets amount determined by the Corporation Counsel, which will
be, and he hereby is authorized to issue change order No. 7, indemnify and save harmless the City against any loss or
to Rodems Construction Co., an increase in the amount of damage arising out of the construction or use of said
$16,975.00, as more fully described in the above encroachment.
communication, for work relating to Shea's Performing Arts Mr. Coppola moved
Center, Phase I -,Exterior Restoration, East Wall & Main That The Common Council hereby approves the
Street Fagade, General Construction, Job #0335, Contract encroachment within City Right of Way at 333 Franklin St for
#92010815. Funds for this project are available in permanent sidewalk café and elevated walkway
31405856-445 1 00 - Division of Buildings. PASSED
PASSED AYES –BONIFACIO, DAVIS, FONTANA, FRANCZYK,
AYES - 9 NOES - 0 GOLOMBEK, RUSSELL, THOMPSON – 7 NOES –
COPPOLA, FRIFFIN - 2
NO. 55
CHANGE IN PURCHASE ORDER NO. 57
SENECA BABCOCK COMMUNITY CENTER 2ND FLOOR OHIO STREET LIFT BRIDGE
RENOVATIONS - ELECTRICAL JOB NO. 0412E APPROACH REPAIRS
LOVEJOY DISTRICT On a recent inspection of the Ohio Street Lift Bridge the New
I hereby submit to Your Honorable Body the following York State Department of Transportation indicated in their
changes for the Seneca Babcock Community Center, 2 nd inspection report that the north approach span of the Ohio
Floor Renovations, Electrical, Metro Electric and Street Lift Bridge had significant section loss of the steel
Communications, P.0. #15008798-0. structure.
1. Wiring of new electric hot water heater in basement. Due to the scope and magnitude of the necessary repairs I
Add $ 287.50 hereby declared an emergency situation and obtained three
The foregoing change results in a net increase in the prices for the repair work.
purchase order of Two Hundred Eighty Seven and 50/100 They are as follows:
Dollars ($287.50). Contour Steel $18,000.00 (Low)
Summary: Current Purchase Order Amount Contractors Welding $19,845.00
$ 11,864.00 Gateway Co. No Bid
Funds for this work are available in the Capital Highway when discussing Cable Data reports is that revenue data
Improvement Fund 30032106. 1 am hereby requesting your presented in Report A represents a summarization of all data
Honorable Body's permission to issue payment as indicated. presented in Reports B and E. Therefore, staffs use of
That the above communication from the Commissioner of annual gross revenues obtained from Report A is accurate
Public Works, Parks and Streets dated August 31, 2004, be and correct, as long as staff also nets these figures by
received and filed; and substracting the appropriate taxes, bad debt deductions, and
Mr. Coppola moved: excludable revenues from its gross revenue figures.
That the Commissioner of Public Works, Parks and Streets, Adelphia's only criticism of excludable items utilized by staff
be, and he hereby is authorized to award an emergency was that staff did not exclude PEG and Copyright pass-
contract for the north approach span of the Ohio Street Lift through revenues. In response to this objection, staff
Bridge, to Contour Steel, the lowest responsible bidder, in reviewed the definition of gross revenue included in Part 1,
the amount of $18,000.00. Funds for the project are Definition of Terms of the Franchise Agreement between the
available in Capital Highway Improvement Fund 3002106. City and TCI of New York, Inc. - Buffalo, and concludes that
PASSED there is nothing in this definition or the agreement in general
AYES - 9 NOES - 0 that supports the company's contention that either of these
revenues should be excluded from the calculation of
NO. 58 franchise fees. Staffs analysis leads to the conclusion that
PERMISSION TO RETAIN CONSULTANT none of the points raised by Adelphia in its May 5, 2004
NORTH JEFFERSON LIBRARY letter identified legitimate shortcomings of staffs audit
ART IN PUBLIC PLACES MASTEN DISTRICT methodology and findings, and therefore no adjustments to
Permission is requested to retain Robert Traynham Coles, my original audit findings are necessary.
Architect, P.C., to design wall murals within the North Should the City decide to enforce collection of the $88,218 of
Jefferson Library. The work, part of the Art in Public Places franchise fee payment deficiencies please keep in mind that
requirement for the project, was authorized by the Buffalo resolution of the final amount to be repaid is a matter of
Arts Commission per the attached letter from their discussion between the City and Adelphia. Mr. Steve Shaye
Chairperson, Ms. Margaret Roblin. of our Municipal Assistance Section is available to assist you
Mr. Coles will retain Ms. Carol Wells and Mr. Jack Travis as in negotiating a final settlement. I am also available if you
sub-consultants for the design. The cost for the work is have any questions with respect to the matters herein.
$5,000.00, which will leave $45,000 for Art in Public Places Requirements
for the facility. Funds for this work are available in Division Franchise Section 18.11: This section (effective December
of Buildings' Capital Account 37320306. 28, 1995) provides that "the Franchisee shall pay to the City
That the above communication from the Commissioner of during the term of this Franchise a sum equal to five (5%)
Public Works, Parks and Streets dated August 20, 2004 be percent of the Franchisee's Gross Revenues for the
received and filed; and preceding year, as defined in this Franchise less any credits
Mr. Coppola moved required to comply with applicable federal and State laws
That the Commissioner of Public Works, Parks and Streets and rules."
be, and he hereby is authorized to retain Robert Traynham Franchise Section 1.0: This section provides that "Gross
Coles, Architect, P.C. to design wall murals within the North Revenues" shall mean all revenue derived directly or
Jefferson Library for $5,000.00. Funds for this project are indirectly by the Franchisee from Cable Service and any
available in Division of Buildings Capital Account 37320306. additional service provided within the City via the Cable
PASSED Communications System pursuant to the authority of this
AYES - 9 NOES - 0 Agreement and the Franchise granted hereby, in so far as
such additional services are regulated by the City, provided,
NO. 59 however, that Gross Revenues shall not include any
FRANCHISE FEE AUDIT, 2001 AND 2002 deposits received and held for converters or other equipment
In accordance with your request of September 19, 2003, 1 supplied by Franchisee, refunds, receipts from sales, use or
examined the financial records of Adelphia Communications franchise taxes or any other tax or fee that the Franchisee
Corporation (Adelphia) to determine franchise fees payable collects on behalf of the City or any other tax authority or any
pursuant to its cable television franchise with the City of reasonable fees paid to collect past amounts due and owing
Buffalo (City), for the years ended December 31, 2001 and from subscribers."
December 31, 2002. On April 19, 2004, 1 communicated my Franchise Section 18.11: This section provides that "Such
audit findings to Adelphia. Adelphia responded to my letter payment shall be made on a quarterly basis for the periods
on May 5, 2004. (See attachment.) January 1 through March 31, April 1 through June 30, July 1
After reviewing and evaluating Adelphia's response, staff through September 30, and October 1 through December
concluded that the points raised by Adelphia had no impact 31. Each such payment shall be due no later than forty-five
on my initial audit findings which conclude that Adelphia (45) days after the close of each quarterly period as
failed to pay a total of $79,718 in franchise fees for the years specified above."
2001 and 2002. In addition, Adelphia owes the City $8,500 Franchise Section 29.3(d): This section provides that
in late payment fees as a result of 'it making untimely "Failure to render payment of the Franchise Fee within the
franchise fee payments to the City five times during the specified forty-five (45) days pursuant to Section 18, unless
years 2001 and 2002. Therefore, in sum Adelphia owes the the unpaid amount is in dispute......... $100/day until paid."
City a total of $88,218. Based on the definition of franchise fee subject revenue and
In Adelphia's May 5, 2004 response letter, the primary other applicable Franchise sections, franchise fees were
criticism made was of the methodology used by staff to payable on all revenues attributable to cable television
develop annual gross revenue figures which were then used operations within the City of Buffalo, and Adelphia is
to calculate franchise fees owed to the City. Adelphia claims responsible for paying additional late payment penalties for
that since staffs methodology used Cable Data Report A as its failure to pay franchise fees on a timely basis.
its source of gross revenue figures, rather than Cable Data Franchise Fee Calculations
Report B, Adelphia's source for this item, that staffs Franchise fee payments are calculated by Adelphia's
calculations were flawed. A fundamental point to recall Coudersport, PA system financial staff, using general ledger
reports and the profit and loss statements. Subscriber late payments for calendar year 2002, with an accumulative
revenue entries into the general ledger are derived from total of 26 days late, for a total penalty amount of $2,600.
Cable Data Reports B, A and E. Copies of the general ledger The sum total of these two calendar year penalty amounts
and Cable Data billing records, with the exception of 9/01, equals $8,500 owed to the City.
8/02 & 9/02 Reports A, were made available for the entire In its May 5, 2004 response letter, Adelphia states, "In
review period January 1, 2001 through December 31, 2002. regards to the penalties assessed to late payments, please
Methodology of Review note that based on Adelphia's voluntary petition filing on
Staffs review included the following steps: June 25, 2002, our status provides an automatic stay for pre-
a. Reviewed quarterly franchise fee payment reports, which petition penalty liabilities. As such, the request for pre-
were provided by Adelphia, petition penalties can not be paid. Adelphia does have the
b. Inquired of the methodology and records used by ability to pay the post-petition penalties in the amount of $1,1
Adelphia in calculating franchise fees payable, 00.` Staff made a review of all Adelphia filings with the
c. Surveyed Adelphia's billing system records, NYSPSC since June 2002, and found that no such filing was
d. Scanned Adelphia's general ledger and billing made. In light of the absence of this filing with the PSC, the
system for possible revenue accounts and categories, which Franchisee should note that NYS Public Service Law states
are included as franchise fee base revenues, that without formal PSC authorization, subsequent
e. Accumulated revenue amounts for the review amendments to PSC approved franchise agreements are not
period from Cable Data billings, recognized or valid.
f. Determined total franchise fee base revenues per Exhibit IV, Schedule of Audited Revenue, indicates by
audit and compared the result with categories, by monthly totals and by annual totals, the net
reported and previously assessed amounts, amount of assessable revenue that was earned in the
g. Determined recommended additional franchise fee franchise territory by Adelphia during the two-year audit
liability, as stated in this letter. period. Exhibit IV shows that for calendar year 2001,
Description of Exhibits & Summary of Findings Adelphia earned $46,808,01 1 of Net Audited Revenue, and
Four exhibits are attached to this letter and detail staff's $46,574,667 of Net Audited Revenue was earned for
findings. Exhibit 1, Reported vs. Audited Revenues, shows calendar year 2002. As previously mentioned, this data was
the calculation of the total additional amount of unpaid fees, brought forward to Exhibit I and used to calculate the
$79,718 due to the City. The top half of the exhibit describes franchise fees payable to the City for this audit period.
the total franchise fee revenues and franchise fee payments Need For More Detailed Reports
made to the City for the two-year audit period. The bottom In a letter, dated October 9, 1998, staff co-worker Kevin C.
half of the exhibit describes total franchise fee revenues and Hillegas while describing the findings of the last staff audit of
payments due per audit, leaving the difference in franchise this franchise agreement, recommended that "the franchisee
fee liability due to the City and shown on the last line of this work with the City to develop a franchise fee reporting form
exhibit. which provides greater detail of the sources of subscriber
Exhibit 11, Analysis of Unreported Revenue, indicates by and non-subscriber revenues in order to permit easier
year and category how the amount of $79,718 is determined. verification by the City and franchisee in the future".
The amounts of $68,561 and $11,157 are respectively As previously mentioned, staff was unable to identify the
determined to be payable for 2001 and 2002, and are shown source of the majority of the unreported revenue discovered
on the bottom line of Exhibit IL during this audit period. Staff believes that the primary
For the two-year period of staffs review, Adelphia excluded reason for this inability to identify unreported revenue
from assessed revenue a total of $1,594,373. Of this total, sources was the continued lack of appropriate detailed
$1,371,225 was excluded from Adelphia's 2001 reported quarterly franchise fee calculation work schedules provided
revenue and $223,148 was excluded from Adelphia's 2002 by Adelphia. Staff recommends that an appropriate form be
reported revenue. Exhibit 11 indicates that the only portion adapted as soon as possible to meet the City's verification
of unreported assessable revenue that staff was able to needs. This form should contain full disclosure of total
identify was $408,172 of late charge revenue, earned by receipts from all sources, including those both included, and
Adelphia during the period of January through July 2001. legitimately excluded from the franchise fee calculation.
The remaining $963,053 of unreported assessable revenue FINAL RESOLUTION
for 2001, and all of 2002's unreported assessable revenue of The findings herein are based on information made available
$223,148 could not be identified by staff from the information during the course of the audit. Should further information or
provided. Multiplication of the total unreported assessable facts come to light, we may revisit our calculations. The
revenue of $1,594,373 by the franchise fee rate of 5% amounts indicated herein crystallize the amounts of
results in a two-year unpaid franchise fee amount of franchise fees owed to the City for the years 2001 and 2002.
$79,718. However, agreement on the final amount and payment terms
Exhibit 111, Schedule of Franchise Fee Payments, indicates, are a matter of discussion between the City and Adelphia,
by quarterly franchise fee payment and by year, how the due to the contractual nature of the franchise agreement.
franchise fee late payment penalty amount of $8,500 is Please contract the undersigned at phone number (518)
determined. The amounts of $5,900 and $2,600 are 486-2158 or Mr. Steven Shaye at phone number (518) 473-
respectively determined to be payable for 2001 and 2002, 5257 if there are questions with respect to the matters
and are shown in the Penalty column of Exhibit III. herein.
As previously stated on Page Two, Section 29.3(d) of the REFERRED TO THE COMMITTEE ON LEGISLATION
Franchise prescribes the penalty that the Franchisee is
subject to in the event of late payment of franchise fees. NO. 60
This section states that failure to make the franchise fee T. HALL & OTHERS
payment within forty-five days of the close of each Franchise WRIGHT AVENUE
specified quarterly period obligates the Franchisee to a "REQ. ALT. PKG. ON WRIGHT AVENUE"
$100/day penalty until the franchise fee payment is made. (LOVEJOY DISTRICT)
Exhibit III shows that Adelphia made three late franchise fee (ITEM NO. 85, C.C.P. 7/20/04)
payments for calendar year 2001, with an accumulative total The following response is being submitted at the request of
of 59 days late, for a total penalty amount of $5,900, and two the Common Council as outlined in Item #85 of July 20,
2004. Please be advised that the Department of Public Appointment Effective: August 2, 2004
Works, Parks & Streets - Traffic Section has reviewed this in the Department of Public Works, Parks & Streets
resolution. Division of Water to the Position of Water Meter Mechanic
1 ) Wright Avenue is a "dead-end" street running from East Provisional Appointment at the: Maximum
Delavan Avenue to approximately 1556 feet north therefrom. Starting Salary of: $33,350.00
2)Wright Avenue is currently posted for "No Parking Andrew Barth, 157 Parkview Avenue, Buffalo, New York
Anytime" on the east side and is unrestricted on the west 14210
side. REFERRED TO THE COMMITTEE ON CIVIL SERVICE
3)Wright Avenue has a 26' wide pavement section according
to our records. FROM THE COMMISSIONER OF POLICE
4)Due to the the requirement to maintain two-way travel on a NO. 65
"dead end" roadway, one (1) of two (2) types of alternate "ENFORCEMENT OF ILLEGAL DUMPING
parking would be recommended for installation on Wright ORDINANCES"]
Avenue: ITEM # 135 C C.P. APRIL 13, 2004:1
a)Type I - No Parking 4 P.M. Sunday to 4 P.M. Wednesday The following information is submitted per the Council's
on one side, No Parking 4 P.M. Wednesday to 4 P.M. request for a monthly report from the Buffalo Police
Sunday on the other side. Department documenting the number of citations and
b)Type 2K - No Parking 6 P.M. Monday to 6 P.M. Thursday adjudication's thereof of the city's illegal dumping
on one side, No Parking 6 P.M. Thursday to 6 P.M. Monday ordinances:
on the other side. July 2004
Both of these options of alternate parking types would allow Total: 2
for parking on one side of the street only and no parking on REFERRED TO THE COMMITTEE ON BUDGET
the other side alternating in accordance with the applicable
ordinance. These types of alternate parking would facilitate NO. 66
snow removal and other maintenenance operations while "ENFORCEMENT OF NOISE ORDINANCES"
maintaining two-way travel. [ITEM # 1 5 1, C.C.P. APRIL 13, 2004:]
The current departmental policy for requesting a change in The following information is submitted per the Council's
the type of parking on a street requires a petition with request for a monthly report from the Buffalo Police
signatures of seventyfive percent of the in
property owners Department documenting the number of noise ordinance
agreement to the change on the affected street(s).
Wecified citations and adjudications:
This department would have no objection to investigating July 2004
this change provided that the proper petitions are filed. Total: 28
REFERRED TO THE COMMITTEE ON LEGISLATION REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 67
NO. 61 [PERMISSION TO PURCHASE UNMARKED VEHICLES
CERTIFICATE OF APPOINTMENT The Buffalo Police Department hereby requests approval
Appointment Effective: 8/4/04 in tire Department of from your Honorable Body to purchase eight (8) new 2005
DPW, Division of Engineering to the Position of Ford Taurus' that will serve as unmarked vehicles to be
Senior Engineer, PERMANENT PROMOTION at the utilized by various Districts and Divisions within the Buffalo
INTERMEDIATE Starting Salary of $49,578 Police Department. The purchase of these new vehicles has
Steven J. Stepniak, 152 Dorrance, Buffalo, NY 14218 been approved for the 2004/2005 Budget Year and will be
REFERRED TO THE COMMITTEE ON CIVIL SERVICE funded through the General Fund Budget of the Buffalo
Police Department. There are currently fourteen (14)
NO. 62 unmarked vehicles scheduled for auction later this month. In
CERTIFICATE OF APPOINTMENT addition, upon approval of this purchase request, an
Appointment Effective: July 19, 2004 @p in the additional nine (9) unmarked vehicles presently being used
Department of Public Works, Parks & Streets Division of will be selected to be sold at a second vehicle auction
Water to the Position of Water Distribution Superintendent scheduled for November of this year, thereby streamlining
Permanent Promotion at the: Maximum Starting Salary of: the Department's unmarked fleet as we continue to reduce
$55,662.00 the number of vehicles operating overall. Maximum total
Frank Mangione, Jr., 221 Roesch Avenue, Buffalo, New value not to exceed $120,000.
York 14207 If you require additional information, please contact Chief
REFERRED TO THE COMMITTEE ON CIVIL SERVICE Richard Ortiz at 851-5181 or Lieutenant Daryl Ricigliano at
851-5645. Thank you for your immediate attention to this
NO. 63 matter.
CERTIFICATE OF APPOINTMENT REFERRED TO THE COMMITTEE ON FINANCE
Appointment Effective: August 9, 2004 in the Department of AYES – BONIFACIO, COPPOLA, DAVIS, FRANCZYK,
Public Works, Parks & Streets, Division of Water GOLOMBEK, GRIFFIN, RUSSELL, THOMPSON – 8
to the Position of Water Meter Mechanic, Provisional NOES – FONTANA - 1
Promotion at the: Imtermediate Starting Salary of:
$31,195.00
Eugene Kozlowski, 150 Ideal Street, Buffalo, New York
14206 NO. 68
REFERRED TO THE COMMITTEE ON CIVIL SERVICE PERMISSION TO PURCHASE UNMARKED VEHICLES
The Buffalo Police Department hereby requests approval
NO. 64 from your Honorable Body to purchase five (5) used,
CERTIFICATE OF APPOINTMENT unmarked vehicles to be utilized by our Narcotics/Vice Unit.
These vehicles will encompass various years, makes and
models. The purchase of these unmarked vehicles will be
funded with existing Drug Asset Forfeiture Funds. These Appointment effective July 10, 2004 in the Department of
vehicles will replace seven (7) existing unmarked vehicles, Police, Division of Police, to the position of Lieutenant,
which are scheduled for auction, and the replacement Contingent Permanent, Promotion at the flat starting salary
vehicles will be used by undercover police officers that work of $66,315.
covert narcotics and vice operations in dealing with the David S. Stabler
criminal element within the City of Buffalo. The purchase of 55 Andrews Avenue, Lower
these vehicles is necessary because the existing undercover Cheektowaga, NY 142215
vehicles become "stale" and therefore require periodic REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
replacement, and we need to provide officers with the tools
necessary to carry out these types of undercover FROM THE COMMISSIONER OF FIRE
operations. Maximum total value not to exceed $40,000. NO. 73
We are finding it more difficult to seize vehicles because of CERTIFICATE OF APPOINTMENT
changes in the laws governing the confiscation of property Appointment effective 8/17/04 in the Department of Fire,
used by offenders. As a result, it is necessary to purchase Division of Fire, to the position of Fire Captain, Permanent,
used vehicles for our undercover work. Contingent, Promotion, at the flat starting salary of $62,136.
If you require additional information, please contact Chief Susan Brown
Richard Ortiz at 851-5181 or Lieutenant Daryl Ricigliano at 8010 Burdick Road
851-5645. Thank you for your immediate attention to this Newstead, NY 14001
matter. REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
REFERRED TO THE COMMITTEE ON FINANCE.
AYES-BONIFACIO, COPPOLA, DAVIS, FRANCZYK, NO. 74
GOLOMBEK, GRIFFIN, RUSSELL, THOMPSON-8. CERTIFICATE OF APPOINTMENT
NOES-FONTANA-1. Appointment effective August 30, 2004 in the Department of
Fire, Division of Fire, to the position of Homeland Security
NO. 69 Coordinator, Provisional Appointment, at the flat starting
("REQUEST EMERGENCY LAW ENFORCEMENT salary of $70,000.
ASSISTANCE FROM ERIE COUNTY SHERIFF, NEW Roger L. Lander
YORK STATE POLICE, FBI, ATF AND DEK) 9248 Robbins Road
#114 CCP JUL 6, 2004 LeRoy, New York 14482
In response to the aforementioned resolution, all of the REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
agencies you identified in the resolution are currently
participating in a taskforce effort under the title of "Operation FROM THE CORPORATION COUNSEL
Impact" NO. 75
Operation Impact, which commenced in March of 2004, was CITY MANAGER FORM OF GOVERNMENT
developed specifically to address many of the concerns ITEM #288, C.C.P. 7/20/04
identified in the resolution. I am in receipt of the above-referenced Common Council
Additional partners of the taskforce includes Probation, Communication. As per the request of your Honorable
Parole, the Erie County District Attorney's office, as well as Body, I am providing the following information regarding the
the Federal Prosecutors office. necessary legal process to adopt a city manager form of
REFERRED TO THE COMMITTEE ON LEGISLATION. government. Pursuant to Municipal Home Rule Law, the
Common Council could pass a local law to change the
NO. 70 structure of the City of Buffalo government, or the Common
VARIOUS INFO.-POLICE DEPT. Council and/or the Mayor could appoint a charter revision
As a follow up to our meeting held on August 9, 2004, the commission to complete this task. After the local law is
following information was requested from the Buffalo Police passed, a mandatory referendum would then be necessary.
Department: REFERRED TO THE COMMITTEE ON LEGISLATION.
• A daily report of 91I calls for Police Districts C & E
(Councilmember Thompson); NO. 76
• A monthly report on open container law citations and CURFEW LAW FINE SCHEDULE
parking tickets (Councilmember Thompson); ITEM #291, C.C.P. 7/2/04
• Information regarding joint probation/police patrols. I am in receipt of the above-referenced Common Council
How often are these patrols occurring, how many Communication. As per the request of your Honorable
arrests and violations have resulted from this initiative? Body, I am providing the following information regarding the
(Councilmember Davis) fine schedule for the curfew ordinance. Pursuant to Buffalo
Copy in Clerk’s Office Code §343-6, a parent or guardian of a minor in violation of
REFERRED TO THE COMMITTEE ON FINANCE. this section can be fined not more than $25 upon the second
violation, a fine not more than $1 00 upon the third violation,
NO. 71 and upon the fourth and any subsequent violations a fine not
CERTIFICATE OF APPOINTMENT more than $200.
Appointment effective July 10, 2004 in the Department of REFERRED TO THE COMMITTEE ON LEGISLATION.
Police, Division of Police, to the position of Captain,
Contingent Permanent, at the Flat Starting Salary of NO. 77
$75,233. ENERGY STAR COMPLIANT EQUIPMENT
Dennis J. Richards ITEM # 199, C. C. P. 7/2 0/04
210 Woodbridge Avenue I am in receipt of the above-referenced Common Council
Buffalo, NY 14214 Communication. As per the request of your Honorable
REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Body, I am providing the following information regarding the
requirement of all City departments and agencies to include
NO. 72 in all specifications and purchase orders the requirement to
CERTIFICATE OF APPOINTMENT purchase products bearing the Energy Star label. Legally,
the City may include this clause in the bid specifications, but NO. 81
it will be necessary for all departments and agencies to REFUND OF EXCESS TAXES
make this a requirement across the board. If a department BUFFALO VILLAGE ASSOCIATES
or contractor awarded a bid is unable to meet this On February 24, 1975, a contract was executed by
requirement, a written response outlining the reasons for the City of Buffalo and Buffalo Village Associates, a
such non-compliance should be submitted to the respective partnership, limiting real property tax liability on nine parcels
department and/or this Honorable Body. owned by the partnership pursuant to Section 236 of the
In addition, New York State also offers a wide range of National Housing Act of 1968 and Article V of the Private
energy saving programs to municipalities through the New Housing Finance Law.
York State Energy Research and Development Authority The contract places a real property tax ceiling of
(NYSERDA). Attached please find a brief outline of the $32,400 as to City and County combined taxes for each
various programs, including a web site address of year, and exempts the real property from any further similar
http://www.nvserda.org/municipal/brochure I.html for your tax for a period of up to forty years, beginning from the date
review. on which the benefit to such exemption first became
REFERRED TO THE COMMITTEE ON LEGISLATION. available and effective.
The agreement includes the following properties:
NO. 78 76 Johnson Park 269 Georgia
J. N. ADAM CENTER WATER FACILITIES Ill Prospect 66 Whitney
PERRYSBURG, NEW YORK 186 Carolina 59 Whitney
ACQUISITION OF 222 Carolina 35 Whitney 209
This office has received the attached letter from Carolina
Gregory R. Yaw, Esq. counsel to the Town of Perrysburg The refund is apportioned between the City and
with respect to water matters. The Town of Perrysburg is the County, in accordance with the tax rates at the time.
requesting that the City of Buffalo transfer its interest in the In 2003-04 the tax payments made by the
J.N. Adam Water Collection Treatment and Storage System partnership exceeded the tax ceiling are as
and the transmission line to the Village of Perrysburg follows:
system. Tax Year 2003-04
REFERRED TO THE COMMITTEE ON FINANCE. City Tax $35,393.06
County Tax (2004) + $ 4,449.38
NO. 79 Total $39,842.44
PARKING RESTRICTIONS LOVEJOY ST. (BETWEEN Ceiling $32,400.00
GREENE ST. & BAILEY AVE) Overpayment $ 7,442.44
ITEM #51, C.C.P. 12/23/03 City share of refund due: .888 x $7,442.44
I am in receipt of the above-referenced Common Council $6,608.89
Communication. As per the request of your Honorable Grand Total City Share 2003-04 =
Body, I am providing the following information regarding $6,608.89
parking restrictions on Lovejoy Street, between Greene It is hereby requested that the Comptroller be
Street and Bailey Avenue. There are alternatives to the authorized to issue a check in the amount of $6,608.89
current parking restrictions at the subject location. The payable to Buffalo Village Associates, representing the City's
Department of Public Works can repeal the current bus route share of refund of excess real property tax payments for tax
parking restriction and implement a type two alternate years 2003-04.
parking restrictions for the block. REFERRED TO THE COMMITTEE ON FINANCE.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 82
NO. 80 RENAMING ALL-HIGH STADIUM
PUBLICATION BOXES ON CITY RIGHTS OF WAY ITEM #292, C.C.P. 7/20/04
ITEM #20, C.C.P. 6/8/04 I am in receipt of the above-referenced Common Council
I am in receipt of the above-referenced Common Council Communication. As per the request of your Honorable
Communication. As per the request of your Honorable Body, I am providing the following information regarding the
Body, I am providing the following information regarding renaming of All-High Stadium. Pursuant to Buffalo Code
publication boxes on City rights of way. There are some §286-3, by resolution, the Common Council may approve a
legal issues that should be considered when attempting to name change request, and then direct the City Clerk to
regulate the placement of publication boxes. However, the prepare a notice of intention for the name change, which
City does maintain some control over the placement of the shall include a notice of public hearing on the issue (various
boxes when it involves public safety and other governmental departments and entities must be notified). The notice must
concerns, as long as the City can provide a rational basis for be made within 30 days after the adoption of the notice for
the restriction. two consecutive weeks. After such public hearing takes
It is my understanding the most immediate problem place, the Common Council must act within 30 days to
regarding the placement of publication boxes involves the approve or disapprove said name change. A majority vote is
chaining of the boxes to light poles. Because light poles are necessary for a name change of a public building.
City property, the City could require a permit for the use of In addition, because this structure is connected to Bennett
such property. In contrast, it would be difficult to provide a High School, the Department of Law also recommends the
legal reason preventing the use of the light pole, but the City Buffalo Board of Education is included in the name change
certainly could charge a permit fee. process.
In addition, it is my opinion that the City could regulate the REFERRED TO THE SPECIAL COMMITTEE ON
placement of publication boxes to prevent any sight EDUCATION.
impediment to vehicular traffic. This would fall under the
category of protecting public safety. NO. 83
REFERRED TO THE COMMITTEE ON LEGISLATION. RENTING CITY HALL SPACE
ITEM #110, C.C.P. 7/20/04
I am in receipt of the above-referenced Common Council charter school, the Board of Education and the City of
Communication. As per the request of your Honorable Buffalo, and their respective employees with a liability limit of
Body, I am providing the following information regarding $5,000,000. In addition, paragraph 11 of the MOU provides
renting City Hall space. Overall, the City of Buffalo could as follows:
rent space to a private entity. However, there are some "The BPS agrees to provide WCCS the following Services
concerns that should be considered when attempting to and/or data at no charge provided it does not require the
lease the space. First, the General City Law defines what District to incur additional costs beyond de minimus: benefits
constitutes a gift of public funds. Technically, a private entity administration. . . ., curriculum development and support,
could enjoy the benefit of having an office in City Hall, and grant development, legal district wide policies and
being associated at some level with the City of Buffalo. This procedures.... (emphasis added)
concept could be interpreted that the City is lending its "full The teacher liability section of the BTF
faith and credit" to that business without any benefit. Of contract provides that the Corporation Counsel will provide
course the rental payment is the benefit to the City, but one legal assistance to a teacher where the teacher is sued.
suggestion to prevent that type of problem is perhaps limiting However, under the MOU, the charter school is obtaining
the space to non-profit organizations and those businesses liability insurance to protect the Board, the City, and the
that will fit the definition of the use of the space as a public charter school their respective officers and employees.
purpose as defined by the General City Law. Therefore, it is expected that the Charter School's insurance
The second concern is the City would in essence become a company will arrange for legal counsel for a teacher in the
landlord. As a landlord of the building, the City would event of a civil lawsuit. If a teacher called with legal
possibly expose itself to liability issues as we may be giving questions about a civil lawsuit, the teacher would be referred
up our governmental immunity and would be treated like a to the school's insurance counsel. Moreover, the agreement
private landlord. However, this could probably be addressed only provides for legal services for which there would be only
in any written leases with the businesses and/or any derminimus cost. The only situations where this might come
insurance policies held by those businesses. up are where a teacher was served with a subpoena such as
REFERRED TO THE COMMITTEE ON FINANCE. in a custody case or other Family Court proceeding or a
case in which the Board of Education is not a party. These
NO. 84 situations are very infrequent, and the advice rendered is
WESTMINSTER COMMUNITY CHARTER limited.
SCHOOL Finally, I would add two additional
This is in response to the thoughts. First, the primary area where legal representation
communication from Philip Rumore, BTF President, dated and advice is provided to teachers is when a civil lawsuit is
June 16, 2004, which was filed with the Common Council filed. The Board of Education is self-insured for all liability.
concerning the provision of legal representation to teachers Since the MOU requires the charter school to obtain liability
at the Westminster Community Charter School. insurance naming the Board of Education as an additional
By way of background, the proposed insured, this eliminates the need for legal services attendant
Westminster Community Charter School is a conversion to civil lawsuits. That is to say, the independent legal status
charter school. The procedure for establishing a conversion of the charter school and the insurance requirements of the
charter school is contained in Article 56 of the New York MOU substantially reduces and virtually eliminates the need
State Education Law. Section 2854 of the Education Law for legal representation for teachers from a practical
sets forth the general requirements for a charter school. standpoint. Moreover, as to the other non-conversion
Education Law section 2854(3)(b) provides that the "school charter schools, the Corporation Counsel does not provide
employees of a charter school that has been converted from legal representation to those schools and the teachers
an existing public school ... shall be subject to the collective therein. The BTF collective bargaining agreement does not
bargaining agreement covering that school district apply to non-conversion charter schools. In addition, those
negotiation unit." Therefore, the BTF contract applies to the charter schools are separate legal entities, with their own
charter school employee. Article XVII of the collective liability insurance and other insurance, as the Board of
bargaining agreement between the Board of Education and Regents may have required from them.
the BTF provides in pertinent part as follows: REFERRED TO THE SPECIAL COMMITTEE ON
"If any teacher is sued as a result of any EDUCATION.
action taken by the teacher while acting in the discharge of
duties within the scope of employment, the Board will on FROM THE COMMISSIONER OF PERMIT & INSPECTION
written request provide legal counsel through the office of SERVICES
the Corporation Counsel and render all necessary NO. 85
assistance to the teacher's defense..." DOG PROBLEMS IN THE CITY OF BUFFALO
In June 2004, the Board of Education I am in receipt of the above stated Common Council
and the M&T Charitable Foundation negotiated and agreed Communication and wish to supply your Honorable Body
upon a Memorandum of Understanding to establish a with the following information. As the office of the City
conversion charter school at School #68. This will be a Clerks is the issuing and enforcement agency for the
separate legal entity from the Board of Education. During licensing of dogs, we believe that a cooperative effort
the negotiations between the Board and M&T Charitable between our departments would be beneficial. We suggest
Foundation ("MTCF"), there were extensive discussions that Office of the City Clerk design and supply a form that
about the BTF contract in light of the state law providing that could be filled out by the Building Inspector that would
the Charter School shall be subject to the school district identify a property that could possibly be housing dogs. If
collective bargaining agreement. Ed. Law §2854(3)(b). after researching the records of the City Clerk, unlicensed
The Memorandum of Understanding animals were verified, a Dog Warden could be dispatched to
contains two relevant paragraphs that address the issue of force compliance with the dog licensing ordinances. The
legal representation of teachers at the Charter School. Department of Permit and Inspection Services and the
Paragraph 14 of the Memorandum of Understanding Building Inspector Trade Inspector Union Local #2651 is
provides that the Charter School, at its expense, will secure willing to cooperate in any and all efforts to increase
and maintain liability insurance for the protection of the revenues and to improve the quality of life for the residents
of the City of Buffalo. It is my sincere hope that this That the above communication from the Director of
response satisfies your inquiry. Purchase dated
REFERRED TO THE COMMITTEE ON CIVIL SERVICE. August 24, 2004 be received and filed; and
That the Commissioner of Administration and
NO. 86 Finance be, and he hereby is authorized to accept a
REQUEST FOR A WAIVER OF THE PERMIT FEES FOR donation of a 1993 Bayliner Conquest from the Progressive
THE GROUP WORK CAMPS Insurance Company to be donated to the Buffalo Underwater
I am in receipt of the above stated Common Council Recovery Team.
Communication and wish to supply your Honorable Body Passed.
with the following information. We in the Department of AYES-9. NOES-0.
Permit of Permit and Inspection Services are in support of
any and all programs that help homeowners that are unable
to afford necessary repairs by conventional means. We are
pleased that the work being performed will be subject to NO. 90
inspections to assure compliance with the applicable codes. CONTRACT APPROVAL
The Department of Permit and Inspection Services has no The Department of Administration and Finance is requesting
objections to fees being abated for programs that benefit the approval of the contract for Electronic Pay Stations (Pay and
public welfare. It is my sincere hope that this response Display). Cale Parking Systems was the low bidder on the
satisfies your inquiry. Request for Proposal (RFP) submitted by General Services.
REFERRED TO THE COMMITTEE ON FINANCE. The price per station is $8, 1 00. Each station will take the
place of 12 meters on a city street and 25 meters in each
NO. 87 residential lot. The stations will enable us to accept credit
SECOND HAND DEALER cards, monitor activity and reduce the maintenance and
2132 SENECA (SOUTH) collecting needs that the current meters require. In the
Pursuant to Chapter 254 of the City of Buffalo Ordinances, current budget, we will purchase 1 0 units. The contract
please be advised that I have examined the attached term is one year with three years renewable if agreed upon
application for a Second Hand Dealer License located at by both parties.
2132 Seneca and find that as to form is correct. I have REFERRED TO THE COMMITTEE ON FINANCE
caused an investigation into the premises for which said
application for a second hand dealer license is being sought NO. 91
and according to the attached reports from the Zoning LEASING OF SPACE IN CITY HALL AND OTHER CITY-
Office, Fire Department and Building Inspections, I find it OWNED BUILDINGS
complies with all regulations and other applicable laws. I RES. #110 C.C.P. JULY 20, 2004
have caused an investigation by the Police Department into The Department of Administration and Finance is always in
the moral character of Rochelle Jobson. The attached support of revenue generating sources, This proposal should
thereto for Rochelle Jobson d/b/a Shelly Anns' This request be forwarded to the Public Works/Engineering/Real Estate
is submitted for your approval or whatever action you deem departments as to prepare a list of proposed sites. The Law
appropriate. department should also be included to review for any legality
REFERRED TO THE COMMITTEE ON LEGISLATION. that may occur.
Thank you.
NO. 88 RECEIVED AND FILED
USED CAR DEALER
550 SENECA (ELLICOTT) NO. 92
Pursuant to Chapter 254 of the City of Buffalo Ordinances, LEASE AGREEMENT FOR COPIER MACHINES
please be advised that I have examined the attached Honorable Body:
application for a Used Car Dealer License located at 550 The Division of Purchase is requesting permission from your
Seneca and find that as to form is correct. I have caused an Honorable Body to enter into a lease agreement with
investigation into the premises for which said application for Business Methods to supply copy machines for all City
a used car dealer license is being sought and according to Departments. The lease period is sixty (60) months. The
the attached reports from the Zoning Office, Fire Department new lease will allow greater flexibility with machinery along
and Building Inspections, I find it complies with all with cost savings. Bids were mailed out to twenty-four (24)
regulations and other applicable laws. I have caused an potential bidders. Business Methods was the lowest
investigation by the Police Department into the moral responsible bidder.
character of John Rodeghiero. The attached thereto for Mr. Coppola moved
John Rodeghiero d/b/a Buses Unlimited Inc. This request is The Common Council hereby approves entering into a lease
submitted for your approval or whatever action you deem agreement with Business Methods to supply copy machines
appropriate. for all City Departments for term of 60 months
REFERRED TO THE COMMITTEE ON LEGISLATION. PASSED
AYES –BONIFACIO, COPPOLA, DAVIS, FRANCZYK,
NO. 89 GOLOMBEK, GRIFFIN, RUSSELL, THOMPSON - 8 NOES
BOAT DONATION FONTANA - 1
THE DIVISION OF PURCHASE IS REQUESTING
PERMISSION FROM YOUR HONORABLE BODY TO NO. 93
ACCEPT A BOAT DONATION FROM THE PROGRESSIVE REQUEST PERMISSION TO AUCTION VEHICLES
INSURANCE COMPANY. THE BOAT IS A 1993 BAYLINER The Department of Administration & Finance, Division of
CONQUEST, AND WOULD BE DONATED TO THE Purchase is requesting permission from your Honorable
BUFFALO UNDERWATER RECOVERY TEAM. THANK Body to dispose of by means of Public Auction/Salvage the
YOU. Vehicles listed below. The vehicles are listed by their City
Mr. Coppola moved: Asset number. All vehicles are either too costly to repair or
have been kept beyond their use.
P-03-URT 1971 BOSTON WHALER BOAT/TRAILER That the Commissioner of Administration and Finance be,
P-201 1992 OLDS and he hereby is authorized to waive the above described
P-347 1993 CHEVY PU performance bond requirements for the companies listed
P-408 1994 FORD ESCORT above.
P-453 1984 CHEVY VAN PASSED
P-462 1994 FORD VAN AYES –BONIFACIO, COPPOLA, FRANCZYK, GOLOMBEK,
P-464 1994 BUICK LASABRE GRIFFIN, RUSSELL, THOMPSON - 7 NOES DAVIS,
P-465 1994 OLDS 88 FONTANA - 2
P-497 1994 PONT BON
P-575 1995 CHEV CAP NO. 95
P-143 2001 FORD CV CERTIFICATE OF APPOINTMENT
P-662 1996 JEEP CHERO Appointment effective August 4, 2004 in the Department of
B-62 1992 BUICK LASABRE Administration and Finance to the Position of Mailroom
B-93 1992 DODGE VAN Clerk, Temporary at the Intermediate starting salary of $
SC-017 1991 CHEV VAN 28,128
F-128 1984 CHEVY SED Robert Kreutinger, 50 Homer Ave, Buffalo, NY 14216
P-773-F 1987 CHEVR SUBN REFERRED TO THE COMMITTEE ON CIVIL SERVICE
E-568 1989 FORD DUMP
E-557 1986 CHEVY BLZR FROM THE COMMISSIONER OF COMMUNITY SERVICES
E-566 1989 FORD VAN NO. 96
S-372 1980 TOWMOTOR SP FOURTH QUARTERLY REPORT ON THE
Mr. Coppola moved DIVISION OF SUBSTANCE ABUSE SERVICES
That the above Communication from the Director of Attached, please find the Fourth Quartefly Report 2003-
Purchase dated August 26, 2004 be received and filed; and 2004 on the Division of Substance Abuse Services.
That the Commissioner of Administration and Finance be, REFERRED TO THE COMMITTEE ON FINANCE
and he hereby is authorized to dispose of by means of AND THE DIRECTOR OF BUDGET
Public Auction/Salvage the Vehicles listed above to the
highest responsible bidders. FROM THE COMMISSIONER OF HUMAN RESOURCES
PASSED NO. 97
AYES –BONIFACIO, COPPOLA, DAVIS, FRANCZYK, DOG PROBLEMS
GOLOMBEK, GRIFFIN, RUSSELL, THOMPSON - 8 NOES (#65 CCP, JUL 20, 2004)
FONTANA - 1 I believe that asking the Inspectors to note if dogs are
present would require a negotiated agreement with the
NO. 94 Inspector's Union. This additional task would clearly be
WAIVER OF PERFORMANCE BOND considered a change in terms and conditions requiring an
The Department of Administration & Finance, Division of amendment to the CBA; PERB case law is clear on this.
Purchase is requesting permission from your Honorable Additionally there would be a need to amend the civil service
Body to waive the performance bond requirements and job descriptions.
alternatives to a Performance Bond as per section 96-7 (b) I would also suggest that the current system of requiring
of the City Charter, for the companies listed below. All have individuals to come to City Hall to obtain dog licenses does
requested consideration due to being a small business and little to encourage compliance, actually works against it.
the hardship of the cost in supplying a performance bond or Many municipalities use the local veterinarian office to issue
alternatives. All the commodities were competitively bid and dog license, paying the veterinarian a small fee for each
award was made to the lowest responsible bidder meeting license issued and required the doctor to issue licenses and
specifications. Delivery and inspection of product is required insure rabies shots for any animal brought to their office.
before payment is released. Past performance of the This is best done on a countywide basis. The reality is that
companies was also taken into consideration. the do Not know municipal boundaries and this is clearly a
Contract #7173 - R. D. Murray, Inc. - For the purchase of LTI regional function.
Fire Truck Parts for the Division of Inventory & Stores. Total I'd suggest t e directed to establishing a countywide system
of contract approx. $20,000.00. (which other municipalities might opt out of with a pro -is
Contract 47175 - Winter Equipment Co. - For the purchase veterinarian based.
of Curb Guards for the Division of Inventory & Stores. Total REFERRED TO THE COMMITTEE ON CIVIL SERVICE
of contract $17,587.50.
Contract #7182 - The Bulb Man, Inc. - For the purchase of FROM THE BOARD OF EDUCATION
Fluorescent and Incandescent Electric Lamps for the City of NO. 98
Buffalo, Agencies & Authorities. Total of contract BETTER NUTRITION IN SCHOOL
$25,000.00. ITEM #283 - C. C.P. JULY 20, 2004
Contract #7187 - Buffalo Small Animal Hospital for Mrs. Bridget O'Brien Wood, Food Service Director, and
Veterinary Services for the City of Buffalo Animal Shelter. Mrs. Assunta Ventresca, Director of Health, would be
Total of contract $49,000.00. pleased to appear at Common Council Education Committee
Contract #7190 - Elizaco Inc. - For the purchase of meeting to outline the current child nutrition programs and
Firefighter's Protective Apparel for the Department of Fire. coordinated health initiative in the Buffalo Public Schools.
Total of contract $24,965.00. Please inform this office of the time and date you wish us to
Contract #7191 - R C Fire Equipment, Inc. - For the be present.
purchase of Ranger Bunker Boots for the Department of Thank you.
Fire. Total of contract $13,058.00. REFERRED TO THE SPECIAL COMMITTEE ON
That the above communication from the Commissioner of EDUCATION
Administration and Finance dated August 24, 2004 be
received and filed; and NO. 99
RENAMING ALL-HIGH STADIUM,-HOMER B PLATT, JR" departments listed below:
ITEM #292 - C.C.P. JULY 20, 2004 Public Works-Robert Schmarder
The Board of Education has an established policy for RECEIVED AND FILED.
naming school and educational facilities.
Please contact Mr. James Kane, District Clerk, to obtain the NO. 104
policy. LIQUOR LICENSE APPLICATIONS
REFERRED TO THE SPECIAL COMMITTEE ON Attached hereto are communications from persons applying
EDUCATION for liquor licenses from the
Erie County Alcohol Beverage Control Board.
NO. 100 Address Business Name Owner's Name
"REQUEST BOARD OF EDUCATION TO SET GOAL 2 Templeton Shanghai Red's Cecelia Tallichet
OF 50% PARTICIPATION OF BUFFALO PUBLIC 733 William St Larry's Place Lawrence Wright
SCHOOLS IMPLEMENTATION OF A UNIFORM 117 W. Chippewa St117 W. Chippewa St Brian Ruffino
POLICY FOR 2004-2005" 70 West Chippewa Sub Zero club John Balconi
ITEM NO: RES #294, C.C.P. 7/20/2004, "REQUEST 995 Exchange st 995 Exchange St Karen Greiner
836 Niagara St Mr Bar & Grill Louis Gonzalez
BOARD OF EDUCATION TO SET GOAL OF 50% G's
PARTICIPATION OF BUFFALO PUBLIC SCHOOLS 534 Elmwood Off The Wall Brandon Chase
IMPLEMENTATION OF A UNIFORM POLICY FOR YEAR 73 Hamburg St 73 Hamburg Kathleen Granville
2004-2005" RES #294 C. C. P JULY 20, 2004" 948 Main St Ms Kitty's martini Bar Taurus Enterprise
While I applaud the Common Council's efforts to support 694 Jefferson Ave Glennis Mootry, Glennis Mootry
our schools; it is unrealistic to expect that the Board adopt a RECEIVED AND FILED
goal of 50% participation of a uniform policy for the 2004-
2005 school year. I will share the resolution with Board NO. 105
Members and work to determine if the Board wishes to also LEAVES OF ABSENCE WITHOUT PAY
explore uniforms in our schools. Should that be the case, I transmit herewith notifications received by me, reporting
work will begin with interested parents and schools to work the granting of the leaves of
toward the introduction of uniforms into selected schools for absence without pay, in the various departments as listed:
20052006. x Mayor/Mayor Executive- Rajehder Mehta
REFERRED TO THE SPECIAL COMMITTEE ON x Public Works, Streets & Parks- Thomas Peters,
EDUCATION x Police- Rachelle Levesque-Pratts, Deidre Carswell,
Mitchell Shapiro, Debra Cordone, Jamie Miller, Thomas Cino
FROM THE CITY CLERK x Fire- Michael Cassidy, James Otwell, Jonathan Eaton,
NO. 101 Michael Hughes, Robert Bremer
APPOINTMENT OF DEPUTY CITY CLERK x Corporation Counsel- David state, Darryl Mcpherson,
Mr. Bonifacio placed in nomination the name of Patrick Susan Martino
Sole Jr. , for appointment as the Deputy City Clerk of x Community Services- Colleen Cummings
Buffalo, effective October 4, 2004. x Administration and Finance- Michaeline Lombardo
Seconded by Mr. Davis RECEIVED AND FILED.
A vote being taken, each member of the Common Council,
as their name was called, announced their choice as follows: NO. 106
Mr. Coppola moved REPORTS OF ATTENDANCE
That the appointment of Patrick Sole, Jr. as Deputy City I transmit herewith communications received by me, from
Clerk, be and it bereby is approved. the various boards, commissions, agencies and authorities
PASSED reporting the membership attendance at their respective
AYES - 9 NOES - 0 meetings:
x Buffalo Sewer Authority
NO. 102 RECEIVED AND FILED.
APPOINTMENT OF CITY CLERK
Mr Coppola placed in nomination the name of Gerald A.
.NO. 107
Chwalinski , for appointment as the City Clerk of Buffalo, NOTICES OF APPOINTMENTS - COUNCIL INTERNS
effective October 4, 2004. I transmit herewith appointments to the position of Council
Seconded by Mr. Franczyk Intern.
A vote being taken, each member of the Common Council, Mr. Coppola moved the approval of the appointments to the
as their name was called, announced their choice as follows: position of Council Intern.
That the appointment of Gerald A. Chwalinski as City Clerk, ADOPTED.
be and it hereby is approved.
PASSED CERTIFICATE OF APPOINTMENT
AYES - 9 NOES - 0 Appointment Effective: June 6, 2004 in the Department of
Common Council Division of to the Position of Intern VI
FROM THE CITY CLERK Seasonal, Non-Competitive at the Flat Starting Salary of:
AUTO ALLOWANCE $ 10.00
NO. 103 Donald Lee, 83 Seminole Pkwy., Buffalo, NY 14210
I TRANSMIT HEREWITH CERTIFICATES OF AUTO
allowance submitted for the following individuals in the CERTIFICATE OF APPOINTMENT
various departments listed below: Appointment Effective: July 26, 2004 in the Department of
Public Works-Robert Schmarder Common Council Division of to the Position of Intern V,
RECEIVED AND FILED. Seasonal Non-Competitive at the Flat Starting Salary of:
$ 8.00/hr
I transmit herewith certificates of auto allowance Aaron K. Ferguson, 473 N. Division Street, Buffalo NY
submitted for the following individuals in the various 14204
Mark Smalls, Jr., 298 Roley Street #2, Buffalo, NY 14208 Appointment Effective: July 16, 2004 in the Department of
Common Council Division of to the Position of Intern II,
CERTIFICATE OF APPOINTMENT Seasonal, Non-Competitive at the: Flat
Appointment Effective: July 22, 2004 in the Department of Starting Salary of: $ 5.15
Common Council Division of to the Position of Intern V, Christopher Pratt, 1183 East Ferry Street, Buffalo, New York
Seasonal Non-Competitive at the Flat Starting Salary of: 14208
Dyer-Hurdon, Linda, 150 Crystal Ave., Buffalo, NY 14220 Orbin Mullins, 292 Dewey Avenue, Buffalo, New York
CERTIFICATE OF APPOINTMENT Monique Prince, 128 Durham Avenue, Buffalo, New York
Appointment Effective: June 6, 2004 in the Department of 14215
Common Council Division of to the Position of Intern V, Brittney Truesdale, 98 Arden Avenue, Buffalo, New York
Seasonal Non-Competitive at the Flat Starting Salary of: 14215
$8.00/hr Kendra Campbell, 228 Hewitt Avenue, Buffalo, New York
Christine E. Hall, 7 Mckinley, Buffalo, NY 14220 14215
Fraklin Bennett, 21 Harriet, Buffalo, New York 14215
CERTIFICATE OF APPOINTMENT Jtuan Gaines, 192 Chester Street, Buffalo, New York 14211
Appointment Effective: July 27, 2004 in the Department of Paris Amerson, 63 Hedley Place, Buffalo, New York
Common Council Division of to the Position of Intern IV, Dajon Tate, 254 High Street, Buffalo, New York 14204
Seasonal Non-Competitive at the Flat Starting Salary of: Ariarne Hennings, 360 Genesee Street, Buffalo, New York
$6.00 14204
Jenifer Bronson, 553 Fillmore Avenue, Buffalo, NY 14212 Celena Taylor, 216 Northland Avenue, Upper, Buffalo, New
Aniela Baj, 180 Sheffield Avenue, Buffalo, NY 14220 York 14211
Leah White, 396 Cambridge Ave, Buffalo, New York 14215
CERTIFICATE OF APPOINTMENT April Hales, 37 Brewster, Buffalo, New York 14214
Appointment Effective: July 26, 2004 in the Department of Monteiro Hinkle, 19 Donaldson Rd, Buffalo, New York 14208
Common Council Division of to the Position of Intern IV, Horace Harper, 281 Shumway Street, Buffalo, New York
Seasonal Non-Competitive at the Flat Starting Salary of: 14212
$6.00 Michael Peoples, 74 Sussex, Buffalo, New York 14215
Larthonia Redden, 60 Lemon Street, Buffalo, NY 14204 Carl Thompson, 811 Humboldt Parkway, Buffalo, New York
Alexander R. Stokes, 283 Walnut Street, Buffalo, NY 14204 14208
Tito Candelario, 56 York Street, Upp, Buffalo, NY 14213, Felicia Mingo, 264 Glenwood Ave, Buffalo, New York 14208
Shalonda T. Brown, 17 Persia Street, Buffalo, NY 14211 Brandon Jenkins, 11 Elton, Buffalo, New York 14208
Adam G. Brice, 246 Madison Street, Buffalo, NY 14206 Jtuan Gaines, 192 Chester St, Buffalo, New York
CERTIFICATE OF APPOINTMENT Jakhima Davis, 979 Northland Ave, Buffalo, New York 14215
Appointment Effective: July 16, 2004 in the Department of Jemery Ferguson, 323 East Utica St, Buffalo, New York
Common Council Division of to the Position of Intern IV, 14208
Seasonal Non-Competitive at the Flat Starting Salary of:
$6.00 Appointment Effective: July 6, 2004 in the Department of
Neal Mack, 81 Interpark. Buffalo, New York 14211 Common Council to the Position of Intern II, Seasonal, Non
David Encarncion, 123 East Parade, Buffalo, New York – Competitive at the: Flat Starting Salary of: $ 5.15 hr.
14211 Mary Gerace, 16 Wasson Street, Buffalo, N.Y. 14210
Brandl Hill, 423 Cambridge Ave, Buffalo, New York 14215 Theresa Zaifert, 27 Troupe Street, Buffalo, N.Y. 14210
Shola Clark, 141 Linwood Avenue, Apt B3, Buffalo, New Molly Bogucki, 15 Wasson Street, Buffalo, N.Y. 14210
York 14209 Gregory Johnson, 26 Courtland Ave., Buffalo, N.Y. 14215'
Inima Ibocko, 106B Kenville Road, Buffalo, New York 14215
Ciera McAdory, 623 Northumberland Ave, Buffalo, New York CERTIFICATE OF APPOINTMENT
14215 Appointment Effective: July 16, 2004 in the Department of
Shante Stepney, 623 Northumberland Avenue, Upper Common Council Division of to the Position of Intern I,
Buffalo, New York 14215 Seasonal Non-Competitive at the: Flat Starting Salary of:
Gwendolyn Neal, 152 Warwick Avenue, Buffalo, New York $ 7.00
14215 Mark J. Boyd, 230 Hutchinson Avenue, Buffalo, New York
Antoinette Watkins, 166 Colvin, Buffalo, New York 14216 14215
Candice Pryor, 65 Durham Ave, Buffalo, New York 14215 Joel Feroleto, 95 North Drive, Buffalo, New York 14216
Makeda Holley, 31 St. Paul Mall, Buffalo, New York 14209
CERTIFICATE OF APPOINTMENT
CERTIFICATE OF APPOINTMENT Appointment Effective: July 6, 2004 in the Department of
Appointment Effective: August 5, 2004 in the Department Common Council to the Position of Intern I, Seasonal, Non –
of Common Council to the Position of Intern II, Seasonal Competitive at the Flat Starting Salary of: $ 7.00 hr.
Non-Competitive, at the: Flat Starting Salary of: $ 5.15 Bryan Fiume, 184 Norwalk Ave. (Lower), Buffalo, N.Y. 14216
Beaonca Burnell, 527 Shirley Ave., Buffalo, NY 14215 Christopher Fiume, 184 Norwalk Ave. (Lower), Buffalo, N.Y.
14216
CERTIFICATE OF APPOINTMENT
Appointment Effective: July 27, 2004 in the Department of No. 108
Common Council to the Position of Intern II, Seasonal NOTICES OF APPOINTMENTS - SEASONAL/FLAT
Non-Competitive, at the: Flat Starting Salary of: $ 5.15 I transmit herewith certificates received by me, reporting
Charles L. Davis, Sr., 979 Northland Ave, Buffalo, NY 14215 seasonal and flat salary appointments made in various
DeAndra J. Krempa, 116 Harding Road, Buffalo, NY 14220 departments.
Shannon Sylvia, 123 Walter Street, Buffalo, NY 14210 RECEIVED AND FILED.
CERTIFICATE OF APPOINTMENT CERTIFICATE OF APPOINTMENT
Appointment Effective August 9, 2004 in the Department of
Administration and Finance, Inventory & Stores, Seasonal to Lenora B. Foote, 207 Howard Street, Buffalo, New York
the position of Laborer II at the flat starting salary of $8.15/hr 14206
Lakeith Watts, 149 E. Amherst St, Nuffalo, NY 14214
AMENDED
Appointment Effective August 23, 2004 in the Department of CERTIFICATE OF APPOINTMENT
Public works, Division of Engineering to the position of Appointment Effective: July 16, 2004 in the Department of
Laborer II, Seasonal at the flat starting salary of $8.15/hr Law to the Position of Assistant Corporation Counsel I –
Joshua H. Albrecht, 56 Cottage St., Buffalo, NY
Muni Attorney, Permanent Appointment at the First Step
Starting Salary of $45,757.00
14201
Alan P. Gerstman, 54 Norwood Avenue, Buffalo, NY 14222
CERTIFICATE OF APPOINTMENT
Appointment Effective: August 10, 2004 in the
CERTIFICATE OF APPOINTMENT
Department of Public Works, Parks & Streets, Division of
Appointment Effective August 2, 2004 in the Department of
Water to the Position of Water Service Worker, Seasonal
Permit and Inspection Services, Division of
Non-Competitive at the Flat Starting Salary of: $8.15/hr
Licenses to the Position of Clerk, PROVISIONAL
Roy Bell, 87 Sattler, Buffalo, New York 14211
APPOINTMENT at the minimum starting salary of $25,162
Tammy McCarthy, 265 Woodside Avenue, Buffalo, NY
CERTIFICATE OF APPOINTMENT
14220
Appointment Effective: August 9, 2004
in the Department of Public Works, Parks & Streets
CERTIFICATE OF APPOINTMENT
Division of Water to the Position of Water Service Worker
Appointment Effective: July 19, 2004 in the Department of
Seasonal, Non-Competitive at the: Flat Starting Salary of:
Public Works, Parks & Streets, Division of Water
$8.15
to the Position of Caulker, Permanent Appointment at the
Vernard Millner, 65 Kirkpatrick, Buffalo, New York 14215
Minimum Starting Salary of $32,392.00
John H. Kennedy, Jr., 11 Kofler Avenue, Buffalo, New York
CERTIFICATE OF APPOINTMENT
14207
Appointment Effective: July 19, 2004 in the Department of
Public Works, Parks & Streets, Division of Water to the
Position of Water Service Worker, Seasonal, Non-
Competitive at the Flat Starting Salary of: $8.15 hr.
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND
Gregory Schultz, 173 Easton Avenue, Buffalo, New York
REMONSTRANCES
14215
NON-OFFICIAL COMMUNICATIONS
NO. 110
CERTIFICATE OF APPOINTMENT
REQ. PURCHASE SCHOOL #63-CAMPUS NORTH
Appointment Effective: July 21, 2004 in the Department of
As per a recent conversation with Mr. John P. Hannon, Jr.,
Strategic Planning, Real Estate to the Position of Laborer II,
Office of Strategic Planning, we are directing this
Seasonal Appointment at the Minimum Starting Salary of
communication to your attention. Imagine Schools in
$8.15/hr
conjunction with the Board of Trustees, Community Charter
Michael J. Fahey, 46 Juiata Place, Buffalo, NY 14210
School, are highly interested in the purchase of Buffalo City
Kerwin Boswell, 539 Sherman, Buffalo, NY 14211
School 4 63. School 463-Campus North is located at 120
Minnesota Avenue Buffalo, New York.
NO. 109
G.A.R. Associates incorporated recently completed an
APPOINTMENTS -TEMPORARY, PROVISIONAL OR
appraisal of the property and the appraisal was mailed to
PERMANENT
John P. Hannon on 8/6/04. The attorneys for Imagine
I transmit herewith Appointments in the various departments
Schools will file a formal purchase agreement with John
made at the Minimum (Temporary, Provisional or
Hanoi for the purchase of School 4 63.
Permanent) (as per contract requirements).
We trust that the Buffalo Common Council will notify the city
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
of Buffalo and the School District of our intent to purchase
and that the generous purchase offer will be acceptable.
CERTIFICATE OF APPOINTMENT
Thank you for your attention to this request and we look
Appointment Effective August23, 2004 in the Department
forward to hearing from you in the very near future. I have
of Community Services, Division of
taken the liberty of enclosing a copy of the appraisal report
Substance Abuse Services to the Position of
for your information.
Counselor III, PROVISIONAL APPOINTMENT FIRST STEP
REFERRED TO THE COMMITTEE ON FINANCE AND
Starting Salary of $30,555
DIRECTOR OF REAL ESTATE.
Michael L. Williams, 112 Kenville Road, Buffalo 14215
NO. 111
CERTIFICATE OF APPOINTMENT
C. SCHUMER-SHARED BORDER MANAGEMENT
Appointment Effective: June 28, 2004 in the Department
Please file the attached correspondence regarding the
of: Police to the Position of Public Safety Dispatcher,
Peace Bridge for the upcoming Council Session to be held
Provisional Appointment at the: Minimum Starting Salary of $
on Tuesday, September 7th , 2004 for further discussion
28,164
Thank you in advance for your assistance in this matter.
Cynthia Livingston, 203 Hemstead Avenue, Buffalo, NY
Thank you for your steady support for efforts to improve and
14215
expand a safe and environmentally sound border crossing
between Fort Erie, Canada and Buffalo. This project can
CERTIFICATE OF APPOINTMENT
achieve the most progressive border management scheme
Appointment Effective: August 2, 2004 in the Department
in North America, demonstrate that good urban design can
of Law to the Position of Assistant Corporation Counsel II,
accommodate trade infrastructure in an urban community,
Permanent Appointment at the: Minimum Starting Salary of
and build a signature gateway befitting the most important
$ 55,756
connection between the United States and Canada: the REFERRED TO THE COMMITTEE ON COMMUNITY
Peace Bridge at Buffalo. DEVELOPMENT.
The City of Buffalo supports a two-phase plan that includes
interim improvements to existing Peace Bridge NO. 113
infrastructure, quickly followed by a permanent capacity LP CIMINELLI
expansion project that will include Shared Border BOARD PACKET DOCUMENTS –8/4/04
Management and a Signature Gateway and Bridge into our Attached are the following documents from the August 4,
city. Your assistance has enabled us to come this far toward 2004 Joint Schools Construction Board Meeting.
our goals. Once again, at this critical juncture in the project, * Meeting Minutes from JSCB Meeting dated June 17,
we need to call upon your office for assistance. 2004
Interim improvements to the existing infrastructure are · Application and Certificate for Payment No. 23 -
needed to resolve critical bottlenecks, and demonstrate that June 2004
the trade corridor can be buffered within our dense urban · Application and Certificate for Payment No. 24 -
fabric. We are in need of approximately $3.8 million to July 2004
implement neighborhood and park buffers around the · Bevlar & Associates Inc. Construction Contract
existing Peace Bridge Plaza in Buffalo so that the interim Monitoring and Compliance Services Monthly
improvements will benefit rather than exacerbate Report for Addendum I Project -May 2004
environmental problems in the host community. · Bevlar & Associates Inc. Construction Contract
The benefits of Shared Border Management seem obvious Monitoring and Compliance Services Monthly
but in order to build it, we need to examine the scheme in Report for Addendum I Project - June 2004
the Environmental Impact Study for the Peace Bridge RECEIVED AND FILED.
Expansion Project. We understand that the Buffalo and Fort
Erie Public Bridge Authority has already indicated their need NO. 114
for $3 million to complete the EIS without Shared Border PROPOSED REFUSE TRANSFER
Management. We are advised that including Shared Border STATION-STEELFIELDS
Management will cost an additional $3 million and require an Thank you for your letter to Commissioner Novello
additional six months of study. providing the City of Buffalo's Common Council resolution of
Recognizing that the Peace Bridge supports trade April 27, 2004, regarding a proposed refuse transfer station
relationships worth a quarter trillion dollars that foster jobs in on the Steelfields voluntary cleanup program site adjacent to
at least 37 states, we hope that you will agree with us that the Hickory Woods neighborhood in South Buffalo.
we must do this right: We should spend a bit more money I understand the Council's concern regarding
and time to build a Signature, Shared Border Management quality of life issues should Modem Disposal locate a refuse
Gateway between the United States and Canada that will be transfer station on the Steelfields property adjacent to the
the most progressive border station in our country, and serve Hickory Woods neighborhood. However, siting and
as a model for other border crossings. permitting such a commercial refuse operation falls under
To summarize, we need your immediate help with these the authority of the New York State Department of
three items: Environmental Conservation (NYS DEC) and local zoning
1. You have obtained general agreement from the regulations. We will provide assistance and information to
Department of Homeland Security that Shared the NYS DEC regarding environmental health issues within
Border Management is "doable". We need the the Hickory Woods neighborhood.
Department to write a letter to the Federal Should you have any questions, please contact
Highway Administration and the Buffalo and Fort me at (518) 402-7501 or Salvatore Page, Director, Buffalo
Erie Public Bridge Authority asking them to Regional Office, NYS Department of Health at (716) 847-
supply Shared Border Management options in 4505.
the Peace Bridge Expansion Project EIS. REFERRED TO THE COMMITTEE ON COMMUNITY
2. We need $3.8 million to buffer the Peace Bridge DEVELOPMENT.
Plaza infrastructure from the surrounding
neighborhood. Much of this investment will NO. 115
create permanent park and neighborhood M. COPPOLA-BEN ARTICLE-“SOME 1ST TIME HOME
features that will remain long after the Plaza is BUYERS OPT FOR INTEREST ONLY LOANS
removed and a Shared Border Management Please file the attached item for the Common Council
Gateway is constructed. meeting to be held on September 7, 2004.
3 . The Public Bridge Authority will need ARTICLE IN CLERK’S OFFICE.
approximately $6 million to complete their EIS RECEIVED AND FILED.
with Shared Border Management scenarios.
I have asked my Executive Director of Strategic Planning, NO. 116
Timothy Wanamaker, to follow-up with a phone call to your M. COPPOLA-“RESISTANCE TO REIMPORTATION OF
regional office and provide any additional information that CHEAPER DRUGS IS WEAKENING”
you may need. Please file the attached item for the Common Council
With best regards and sincere gratitude, meeting to be held on September 7, 2004, to sent to the
REFERRED TO THE COMMITTEE ON COMMUNITY Budget Committee.
DEVELOPMENT. Please file the attached item for the Common Council
meeting to be held on September 7, 2004.
NO. 112 ARTICLE IN CLERK’S OFFICE.
CARGO RULES REFERRED TO THE COMMITTEE ON BUDGET AND
Please file the attached correspondence regarding the COMMISSIONER OF HUMAN RESOURCES.
Cargo Rules for the upcoming Council Session to be held on
Tuesday, September 7h, 2004 for further discussion NO. 117
Thank you in advance for your assistance in this matter. “FEDS OFFER LENIENCE ON DRUG IMPORTS”
Please file the attached item for the Common Council COPY IN CLERK’S OFFICE.
meeting to be held on September 7, 2004. The consolidation, proposed by Erie County Water Authority,
ARTICLE IN CLERK’S OFFICE. will burden local taxpayers with an estimated $152.5 million.
REFERRED TO THE COMMITTEE ON BUDGET AND The proposed $152.5 million of new debt, using monies from
COMMISSIONER OF HUMAN RESOURCES. the Drinking Water State Revolving Fund (DWSRF), is for
purchase of the system's infrastructure, not infrastructure
NO. 118 improvements. System improvements to increase security
“ILLINOIS FIRST TO BUY DRUGS ABROAD” of plant and potable water will involve additional costs.
Please file the attached item for the Common Council Project Background
meeting to be held on September 7, 2004. Erie County Water Authority submitted a pre-application for a
COPY IN CLERK’S OFFICE. $152.5 million DWSRF loan to purchase the Buffalo water
REFERRED TO THE COMMITTEE ON BUDGET AND system. The DWSRF pre-application process and
COMMISSIONER OF HUMAN RESOURCES. subsequent listing on the DWSRF Multi-Year Project List
was accomplished without an agreement with the Buffalo
NO. 119 Water Authority, or approval by the City Common Council
M. COPPOLA-VARIOUS ARTICLES and Buffalo voters. These actions are allowable under
Attached are copies of articles that you may find of interest: DWSRF guidelines.
1 ) Sound the alarm (American City and County Drinking Water State Revolving Fund.
Magazine), which points out that Indianapolis last year The NYS Department of Health (DOH) and the NYS
collected $574,050 from false alarm fines. The article Environmental Facilities Corporation (EFQ offer a program
discusses what other cities are doing regarding false called Drinking Water State Revolving Fund (DWSRF).
alarms as well. Program objectives are to enhance drinking water quality
2) Local governments set noise level limits (American and quantity of public water supplies. The program provides
City and County Magazine), the article points out that a financial incentive for municipally and privately owned
noise public water systems to undertake needed drinking water
enforcement is becoming a big issue throughout the infrastructure improvements (e.g. treatment plants,
country. It is also an issue that we have identified in distribution mains, storage facilities, interconnections).
our Council Action Plan. Below market rate loans are provided for the construction of
3) Strategies for coping with shortfalls (American City and eligible public water system projects. As loans are repaid,
County Magazine) points out the results of a survey money is available for new loans. For communities with
among cities as to what options are being pursued to demonstrated financial hardship, interest rates can be
deal with budget shortfalls. reduced to zero percent. DWSRF resources to operate this
4) Spitzer launches Web site to cut drug costs (Buffalo program include federal and state monies. In certain
News), the issue of prescription drug costs continues hardship cases, for projects below $1 0 million, grants may
to be a hot topic, which the Council is addressing as also be available.
well. DOH and EFC publish an "Intended Use Plan" (IUP) in Draft
REFERRED TO THE COMMITTEE ON LEGISLATION AND and Final versions for periods from October I - September
COMMISSIONER OF POLICE. 30. The IUP's are also available online; refer to attachment.
An IUP includes the Multi Year Project List, a Project
NO. 120 Readiness List and other Project Priority Lists. Projects are
ELLICOTT SQUARE BUILDING scored and ranked using a point system. An engineer's
294 WASHINGTON STREET report is not required to substantiate inclusion on the Multi-
We have "no standing" signage all along the Year List. About 50 projects located in Erie County are
Washington Street side of the building. We wrote the to included on the Multi-Year List. Almost all of the projects are
Department of Public Works to have this changed to a for the Erie County Water Authority and for communities
loading zone to allow delivery trucks access to our street outside of Buffalo.
freight elevator. We also requested that cars be allowed to Prior to loan funding, a project must usually be on the
park behind the building after 5:00 P.M. on weekdays and on Project Readiness List. An engineer's report is required
non-business days. Many of our tenants work late and bring before funding is provided to the selected, high ranking
their cars near the building for security reasons. This has projects. Selected projects are financed using a bonding
been a problem because the Buffalo Police and Parking process with a Summer Pool and a Winter Pool, according to
Enforcement tag these vehicles. the DOH/EFC schedule. The Project Readiness List is
The Department of Public Works denied our usually finalized in August for the DWSRF fiscal year
application with a short explanation that this section of beginning in October.
Washington Street is posted "No Standing". I called and More consolidation project information:
spoke to a Joseph Poltorak, Senior Engineer, he advised me The Erie County Water Authority wanted to move the Buffalo
to contact you and discuss a re-ordinance for this section of consolidation project from the Multi-Year List to the DWSRF
street along our building. Project Readiness List of the "Final Intended Use Plan for
I appreciate your assistance in this matter. October 1, 2004-September 30, 2005", even though no
REFERRED TO THE COMMITTEE ON LEGISLATION AND agreement with the City existed. An agreement is not
COMMISSIONER OF PUBLIC WORKS, PARKS AND required for inclusion on the Readiness List. However,
STREETS. because of the size of the loan ($152.5 million), the DWSRF
administrators told Erie County Water Authority that some
NO. 121 form of legal agreement would be required. The deadline for
ERIE COUNTY WATER AUTHORITY PROPOSED such an agreement with the Buffalo Water Authority is
CONSOLIDATION WITH BUFFALO WATER SYSTEM August 15, 2004. Refer to attached "Buffalo News" article.
Please file the attached correspondence for the upcoming The DWSRF administrators have also requested a Value
Council Session to be held on Tuesday, September 7, 2004 Engineer Report from the Erie County Water Authority to
for further discussion. substantiate system purchase costs. For consolidation
Thank you in advance for you assistance in this matter. projects, a Value Engineer Report is substituted for an
engineer's report detailing infrastructure improvements. The 2003 EQUALIZATION RATES
latter report is required prior to funding for infrastructure 2004 TAX RATES
improvement projects. Copy in Clerk’s Office.
More DWSRF information: RECEIVED AND FILED.
On July 22, 2004, a public meeting and hearing to review the
draft Intended Use Plan for October 1, 2004-September 30, NO. 125
2005 (IUP) was held in Albany. The public comment period INFO-PEACE BRIDGE EXPANSION PROJECT
for the 1UP ends August 13, 2004. The enclosed DOH/EFC Please file the attached Item that was presented to the Bi-
letter describes the process and lists the address to send National Bridge Committee on Thursday, July 29, 2004.
statements or comments. The proposed consolidation Peace Bridge Expansion Project
project may be added to the DWSRF Readiness List for the Position Paper
2004-05 Final IUP. July 1, 2004
More prudent opportunities are available to secure potable The Buffalo Olmsted Parks Conservancy is committed to the
water and water systems for residents of Buffalo and restoration and sustained maintenance of Front Park, Fort
residents in the service area of the Erie County Water Porter and the Porter Avenue Parkway. The Western New
Authority: There are several old City-County connections York region deserves Olmsted's vision of this prized property
that could be assessed in terms of safety from plant failure to be carried forward into the
or terrorist threat, and for capacity to join systems and close 21st century.
off problem areas. A plan for safety could be developed and We will not advocate for a specific alternative identified
connecting infrastructure improved. An inter-authority within the Environmental Review Process until we are
agreement could establish operation protocols for assured that Front Park and Fort Porter are no longer
emergencies. Fewer DWSRF dollars would provide more obscured by the Peace Bridge Plaza; that ramps are
water supply and systems protections through removed from Porter Avenue; that there is a plan to mitigate
implementation of a cooperative improvement plan. Debt the impact of the New York State Thruway on the parks; and
would be incurred only for system improvements. that the land use plan successfully creates a vibrant healthy
Please consider the importance of avoiding unnecessary neighborhood reconnected to a vibrant, healthy park and
debt for local taxpayers, i.e. the $152.5 million consolidation parkway. The Buffalo Olmsted Parks Conservancy is
cost. If you choose to submit comments on the committed to using its resources to assure this outcome.
consolidation project, note that August 13, 2004 is the As the Public Bridge Authority develops a draft
DWSRF deadline. Refer to DOH/EFC letter. Environmental Impact Study to measure and compare the
REFERRED TO THE COMMITTEE ON FINANCE, ERIE final Peace Bridge Plaza expansion alternatives (all of which
COUNTY WATER AUTHORITY, AMERICAN WATER impact the Buffalo Olmsted Park and Parkway System), the
WORKS Buffalo Olmsted Parks Conservancy urges the Public Bridge
Authority to include "shared border management" as a plaza
NO. 122 alternative. Shared border management is a reasonable
R. FONTANA-REQ. MEETING RE: COB CASINO option that should be considered because it could maximize
As I have expressed in previous letters, I am looking forward park restoration, minimize neighborhood demolition and
to a Seneca Nation run Casino in the City of Buffalo and improve air quality.
would like to assist the Seneca Nation through the process. REFERRED TO THE COMMITTEE ON COMMUNITY
Various sights in the City have been offered in the past. I DEVELOPMENT.
am very interested in meeting with you to review those sites NO. 126
and discussing any potential sites you may be considering. PEACE BRIDGE EXPANSION PROJECT INFO.
Please contact me at your earliest convenience with a date STONE WALL 12' MORE ATTRACTIVE TO VISITORS?
and location that is available for you for this meeting. If you VS
would like, I would be glad to provide a meeting location. I RESIDENTS
may be reached at @716 851-5151.
Eliminating traffic on more drive and Busti drive
RECEIVED AND FILED.
may be favoring park land, but nothing compared to
NO. 123
eliminating the entire present plaza - demolishing the
REQ. DISCUSSION ASST. FROM ERIE CO. SHERIFF,
two (2) toll columns before the black rock channel -
ETC.
this opening up a beautiful view of the Niagara river
I would like to take this opportunity to thank you for
your correspondence regarding Common Council Resolution
and lake Erie - and adding for more park land for
Number 111 "Request Regular Erie County Sheriff Patrols in
restoration of front park and fort porter.
Buffalo" and Resolution Number 114 "Request Emergency
All traffic from the Parker trust would curve around to a
Law Enforcement Assistance from Erie County Sheriff, New
smaller plaza to the north. There should be no truck traffic at
York State Police, FBI, ATF a DEX.
the present location - not a lot more truck congestion.
At this time, I would like to convey my interest in
Also I consider it fraud to spend my money for the peace
speaking before the Honorable Body to address their
bridge authority (PBA) and Ron Reinas to buy old coal dock
concerns as they relate to the above-mentioned resolutions.
land on the Niagara river miles from their present location
Please do not hesitate to phone my office at 858-7608 to
and planning to buy the mentholatum plant, all of which is far
schedule a mutually convenient opportunity to discuss these
from their present location and operation and not mandated
issues.
or related in their operation of the preset bridge.
REFERRED TO THE COMMITTEE ON LEGISLATION.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT.
NO. 124
2004 0A
NO. 127
ANNUAL REPORT
BFSA- REVIEW COB 4 YR FIN PLAN 2005-2008
OF THE
DIVISION OF REAL PROPERTY TAX
The Buffalo Fiscal Stability Authority is pleased to
Lackawanna Toll Barrier Relocation-the GBNRTC has
responded to requests for examination of relocating the
present you with a copy of our Review of the City of
existing Lackawanna toll barrier to a location somewhere
Buffalo's Four Year Financial Plan for Fiscal Years
west of the current location. The GBNRTC, in conjunction
Ending 2005 2008. The plan was accepted by BFSA
with the NYS Thruway Authority, recently completed a study
on June 9, 2004.
of traffic impacts from moving the barrier to some alternate
locations. The Thruway Authority assessed financial
The Authority looks forward to working with Buffalo to
impacts in terms of revenue and costs. Subsequent to
implement its plan, and continuing to bring fiscal stability to
completion of the study, several meetings have been, and
the City and its covered organizations.
continue to be, conducted in Southtowns communities to
RECEIVED AND FILED
discuss impacts on the Thruway, local roads, and
commuters.
NO. 128
Buffalo City Limits-expressions of interest and legislative
VARIOUS ITEMS 3012 MAIN ST ETC
initiatives have focused on removal of tolls entering and
Thank you for your continued support in this endeavor.
exiting the City of Buffalo, specifically the Ogden Street and
My Kids Child Care Center LLC
Breckenridge barriers. GBNRTC has been asked to analyze
Adding Items to City of Buffalo Common Council Meeting
the traffic impacts on the Thruway and surrounding roads
Agenda for September 7, 2004 Meeting
and streets if tolls were removed at those locations.
Please have the following items added to the agenda for the
GBNRTC has an area wide model that simulates travel in
Common Council's
the region and can assess alternatives such as toll removal
September 7, 2004 meeting:
to better understand traffic impacts. Staff are currently
1. Approve the purchase of a portion of SBL number 79.61-2-
establishing the study parameters and building networks for
36. 1, also known as 3012 Main Street, Buffalo, NY;
analysis in the model. Once built, model runs and
2. Approve a parking and utility easement over a portion of
subsequent analysis can be completed. Results will be
SBL number 79.61-236.1, also known as 3012 Main Street,
made available to all interested groups for discussion.
Buffalo, NY; and
The New York State Thruway Authority is responsible for the
3. Approve a utility easement on a 16.5 foot strip of land over
operation of the Thruway System and toll barriers. The
a portion of SBL number 79.53-4-19. 1, also known as 137
Authority's Bond Resolution prohibits removing tolls from a
W. Northrup, Buffalo, NY, and SBL number 79.61-2-36.1,
currently tolled section of the Thruway. This issue needs to
also known as 3012 Main Street Should you have any
be considered if actions beyond the current traffic analyses
comments or questions please do not hesitate to contact me.
are to be pursued.
Mr. Coppola moved
Once again, thank you for your continued interest; we are
The Common Council hereby approves the purchase of a
available to meet with you or your representatives at any
portion of 3012 Main St. A parking and utility easement over
time to discuss further.
a portion of 3012 Main St and A utility easement on A 16.5
REFERRED TO THE COMMITTEE ON COMMUNITY
foot strip of land over 137 W. Northrup and 3012 Main St
DEVELOPMENT
PASSED
AYES - 9 NOES - 0
NO. 130
SUPPORT WIND ENERGY TAX CREDIT CDBG FUNDS
NO. 129
Thank you for forwarding me copies of the City of Buffalo
TOLLING IN THE BUFFALO METROPOLITAN AREA
Common Council's resolutions concerning the wind energy
Thank you for the continued interest of the Buffalo
tax credit, CDBG and Home/Housing funds, and the
Common Council in issues related to transportation and
unsolved homicide cases under investigation in Buffalo. It
especially tolls in the metropolitan area. The Greater
was a pleasure to hear from you.
Buffalo-Niagara Regional Transportation Council (GBNRTC)
Please be assured that I will keep these views in mind when
as the Metropolitan Planning Organization for Erie and
debated in Congress.
Niagara Counties is responsible for coordinating
Again, thank you for bringing this matter to my attention.
transportation planning in the two county area. The issue of
Please feel free to contact me if I can be of any assistance.
relocation or removal of tolls at various locations on the New
RECEIVED AND FILED
York State Thruway has come before GBNRTC on several
occasions, the current status of several initiatives is as
NO. 131
follows:
FAULTY PARKING METERS 400 BLOCK OF ELMWOOD
Williamsville Toll Barrier Improvement Project: this
Attached available for review in the City Clerk’s office
project involves studying the development of an improved
REFERRED TO THE COMMITTEE ON FINANCE AND THE
mainline toll barrier on the New York State Thruway
DIRECTOR OF PARKING ENFORCEMENT
(Interstate 90) to the northeast of the Buffalo metropolitan
area. This project is designed to address operational and
NO. 132
capacity concerns at the existing toll barrier located between
A. TAYLOR-
Interchanges 49 and 50 in the Town of Amherst, commonly
NEW YORK STATE DEPARTMENT OF
referred to as "The Williamsville Toll Barrier." The primary
TRANSPORTATION
focus is on relocating the Williamsville Toll Barrier to a
DESIGNATION OF RESTRICTEDHIGHWAY –GRANT ST
location somewhere east of the existing location.
Pursuant to Section 104a of the Highway Law the following
Environmental studies have been drafted and are in the
described highway:
review process. After all outstanding technical issues raised
A portion of Grant Street beginning south at Station 0+000
by advisory and public comments have been addressed in a
and extending along Grant Street to the north side of the
revised draft, it formally becomes the Final Design
intersection of Amherst Street as shown on the contract
Report/Final Environmental Impact Statement and the
plans. This includes a portion of Route 198 and Entrance
FHWA may issue a Record of Decision. This will complete
Ramps "B" AND T" and Exit Ramps "E".
"C" AND
the EIS process and the detailed design may proceed. If
All in the City of Buffalo in Erie County.
funding is available, project construction is estimated to
begin in 2007 and be completed in 2009.
which is being rehabilitated under Contract No. D259335, is You will notice the leases with Buffalo Urban League, Gloria
hereby designated as a Restricted highway. Designation of Parks,. The International Institute, West Side Community
Restricted Highway shall expire on December 31, 2004. Center and the WNY Public Broadcasting are paid out of
Pursuant to Section 1625 of the Vehicle and Traffic Law, all Special Project Funding and not the Board of
movement of vehicles, persons, or animals on such highway Educations budget.:
is hereby restricted and regulated in accordance with the If you have any questions or concerns please feel free to
determination of the Commissioner of Transportation as contact me.
evidenced by posted signs, signals, or barriers placed along RECEIVED AND FILED
said highway and/or by direction by an authorized
representative of the Commissioner of Transportation. NO. 136
Any action taken by the Commissioner of Transportation NYS ASSESSMENTS PERFORMANCE REPORT
pursuant to Section 1625 of the Vehicle and Traffic Law shall (BUFFALO PUBLIC SCHOOLS PERFORMANCE
supersede any other provisions of the Vehicle and Traffic IN COMPARISON TO URBAN COUNTERPARTS, 7/8/04)
Law where inconsistent or in conflict with respect to the 1) Please file the following item for the next Council meeting.
following enumerated subjects: Attached available for review in The City Clerk’s Office
1. Establishment of maximum and minimum speed limits at RECEIVED AND FILED
which vehicles may proceed along any such restricted
highway. NO. 137
2. Weights and dimensions of vehicles. BUFFALO SCHOOL DISTRICT UNIFORM POLICY
3. Use of such restricted highway by pedestrians, 1) Please file the following item for the next Council meeting.
equestrians, and animals. I ENTHUSIASTICALLY applaud your effort to create a
4. Parking, standing, stopping, and backing vehicles. uniform policy in the Buffalo School District. I am a teacher
5. Control of persons and equipment engaged in work on at #1 71 Middle School on the East Side of the city. We are
such highway. a school with no middle level-- our students are either well
Any provisions of the Vehicle and Traffic Law with respect to off, or deep in poverty.
registration shall not apply to vehicles and equipment This is constantly causing serious behavior issues. Students
engaged in work on such restricted highways. bully others who don't have much. Those that don't have
When used on such restricted highways, all traffic control much bully those that do so they can establish their place in
devices shall be considered as official traffic control devices the school society. The charter schools, as well as School
and shall conform to the manual and specifications for a #80 and #81 long ago realized this problem can easily be
uniform system of traffic control devices adopted by the solved through uniformity.
Department of Transportation. We have discussed this in our discipline committee
RECEIVED AND FILED meetings, and I thought I might offer you a suggestion that
we came up with.
NO. 133 If the district is to adopt a uniform policy, the first thing that
BUFFALO PUBLIC SCHOOLS NO CHILD LEFT BEHIND comes to mind is cost. However, if the city partnered up with
AND NEW YORK STATE ACCOUNTABILITY a big ticket retailer such as Old Navy, JC Penny, etc., they
DESIGNATIONS would highly benefit from our students wearing their clothing
1)Please file the following item for the next Council meeting. at drastically discounted price, because they would also
RECEIVED AND FILED have the opportunity to display other merchandise to the
families as they entered the store. This could contribute to
NO. 134 higher sales, and a healthier local economy.
BUFFALO PUBLIC SCHOOLS NO CHILD LEFT BEHIND You have several in the school district that will stand by you
AND NEW YORK as you work to make this a reality. Let me know if there is
STATE ACCOUNTABILITY DESIGNATIONS (SCHOOL anything that I can do to assist.
FLOW CHART) Sincerely,
1) Please file the following item for the next Council meeting. Jamie J Rozek
RECEIVED AND FILED REFERRED TO THE SPECIAL COMMITTEE ON
EDUCATION
NO. 135
BUFFALO BOARD OF EDUCATION DOCUMENTS NO. 138
Please file for the upcoming Common Council meeting. US BANKRUPTCY COURT
In response to your letter of May 5, 2004 to Marion Canedo, Adelphia Communications Corporation, et al,
Superintendent of Buffalo Public Schools regarding leased NOTICE OF HEARING ON APPLICATION OF CENTURY
space, at this time the Buffalo Board of Education does not COMMUNICATIONS CORPORATION FOR ORDER
pay rent for the space used in City Hall. AUTHORIZING THE EMPLOYMENT AND RETENTION OF
The Buffalo Board of Education pays rent for several LAZARD FRtRES & CO. LLC AS INVESTMENT BANKER
locations outside of City Hall. Attached please find the 2003 PURSUANT TO SECTIONS 327(a) AND 328 OF THE
- 2004 Leased Facilities list, it. contains the information you BANKRUPTCY CODE
requested. We are in the process-of setting up new leases TO ALL CREDITORS OF CENTURY COMMUNICATIONS
and amounts for the 2004- 2005 school year, so current CORPORATION: PLEASE TAKE NOTICE that on July 21,
updated information is not available at this time. I have 2004, Century Communications Corporation, one of the
attached a tentative 2004 2005 Leased Facilities List for your above-captioned debtors and debtors in possession
review. ("Century" or the "Debtor") filed an Application for an Order
The Buffalo Board of Education is involved in 7 long term Authorizing Employment and Retention of Lazard Fr&res &
leases, The Access Center - 290 Main Street, Buffalo State, Co. LLC ("Lazard") as Investment Banker for the Debtors
DYouville College, Emerson Commons,' Northwest and Debtors in Possession pursuant to sections 327(a) and
Community Center, Tri-Main and WNY Public Broadcasting. 328(a) of the Bankruptcy Code (the "Application").
The other 7 leases are year to year or monthly. PLEASE TAKE FURTHER NOTICE that a hearing on the
Application is scheduled for Wednesday, September 8,
2004 at 9:45 a.m. prevailing Eastern Time before the the Debtor shall promptly reimburse Lazard for all: (i)
Honorable Robert E. Gerber, United States Bankruptcy reasonable out-of pocket expenses (including travel and
Judge, United States Bankruptcy Court for the Southern lodging, data processing and communications charges,
District of New York (the "Bankruptcy Court"), One Bowling courier services and other appropriate expenditures) and (ii)
Green, Room 62 1, New York, New York 10004. other reasonable fees and expenses, including expenses of
PLEASE TAKE FURTHER NOTICE that any objection to counsel, if any. Lazard will comply with the guidelines
the relief requested by the Application must be filed with the promulgated by the Office of the United States Trustee as
Court, One Bowling Green, New York, New York 10004-well as applicable Federal and Local Rules of Bankruptcy
1408, by no later than September 3, 2004 at 4:00 p.m. (with Procedure relating to professional compensation.
a copy delivered directly to Chambers) and served on: (a) PLEASE TAKE FURTHER NOTICE that all capitalized terms
the Office of the United States Trustee, 33 Whitehall Street, contained in the foregoing paragraphs are defined in the
st
21 Floor, New York, New York 10004, Attention: Tracy engagement letter dated as of July 20, 2004, between
Hope Davis, Esq.; (b) and Willkie Farr & Lazard and Debtor (the "Engagement Lettee'), and attached
Gallagher LLP, 787 Seventh Avenue, New York, NY 100 1 9, as an exhibit to the Application.
Attention: Shelley C. Chapman, PLEASE TAKE FURTHER NOTICE that if the Application is
Esq.; and (c) Lazard Fr&es & Co., LLC, 30 Rockefeller granted, the Debtor will indemnify and hold Lazard harmless
Plaza, New York, New York 10020, against liabilities arising out of or in connection with its
Attention: M. Said Armutcuoglu, so as to be actually Rceived retention by Debtor except for any such liability for such
by such filing deadline. liability for losses, claims, damages or liabilities incurred by
PLEASE TAKE FURTHER NOTICE that any objections to the Debtor that are finally judicially determined by a court of
the Application must be in writing, shall conform to the competent jurisdiction to have primarily resulted from the
Federal Rules of Bankruptcy Procedure and the Local Rules bad faith, self-dealing, gross negligence or willful misconduct
of the Bankruptcy Court, and shall be filed with the of Lazard.
Bankruptcy Court electronically in accordance with General PLEASE TAKE FURTHER NOTICE that the foregoing
Order M-242 (General Order M-242 and the User's Manual summary of certain elements of the proposed retention is not
for the Electronic Case Filing System can be found at complete and that the full terms of the retention are
www.nysb.ucourts.-gov, the official website for the contained in the Application and the Engagement Letter,
Bankruptcy Court) by registered users of the Bankruptcy which are available for inspection at the clerk's office for the
Court's case filing system and, by all other parties in interest, Bankruptcy Court and on the Bankruptcy Court's Internet site
on a 3.5 inch disk, preferably in Portable Document Format at www.nysb.uscourts.gov, through an account obtained
(PDF), Word perfect or any other Windows-based word from Pacer Service Center at 1-800-6766856. To the extent
processing format that the summary of the retention terms set forth in this
PLEASE TAKE FURTHER NOTICE that by the Application, notice conflict with the terms of the Engagement Letter, the
Century seeks an order authorizing the employment and terms of the Engagement Letter control.
retention of Lazard as its sole investment banker in PLEASE TAKE FURTHER NOTICE that if you wish to
connection with the possible sale, directly or indirectly, of receive a copy of the Application, you should contact Rachel
Century/ML Cable Venture ("Century/ML"), any partial Rubin at (212) 728-3583.
interest in Century/ ML or a subsidiary or division of Dated: July 21, 2004 New York, New York
Century/ML to another corporation or business entity or WILLKIE FARR & GALLAGHER LLP
recapitalization of Century/ML, which transaction may take Attorneys for Debtors and Debtors in Possession
the form of a merger or sale of assets or equity securities or 787 Seventh Avenue
other interests (the Century/ML Sale Transaction"). New York, New York 10019
PLEASE TAKE FURTHER NOTICE that pursuant to the REFERRED TO THE COMMITTEE ON LEGISLATION
Application, the Debtor seeks to retain Lazard to (a) assist AND THE DIRECTOR OF TELECOMMUNICATIONS
Century in identifying and evaluating candidates for a
potential Century/ML Sale Transaction, (b) advise Century in PETITIONS
connection with negotiations, and NO. 139
(c) assist in the consummation of such a Century/ML 0. RAYFORD9 AGENT, USE 242 HOPKINS-CONCRETE
Sale Transaction. BATCHPLANT
PLEASE TAKE FURTHER NOTICE that, if the Application is (HRG. 9/14)
approved, as set forth in the proposed order annexed to the REFERRED TO THE COMMITTEE ON LEGISLATION,
Application and hereto as Exhibit A, Lazard will be entitled to CITY PLANNING BOARD AND CORPORATION
receive the following compensation: COUNSEL.
(a) In the event Century/ML Sale Transaction involves
a sale of less than or equal to 55% of the equity in Century/ NO. 140
ML, Lazard shall be paid a fee equal to $2 million. R. PETER MORROW, AGENT, REZONE 500 CARLTON
(b) In the event that a Century/ML Sale Transaction STREET FROM R2 TO CM FOR A LOCATION FOR
involves a sale of more than 55% of the equity of OUTDOOR ADVERTISING SIGN.
Century/ML, Lazard shall be entitled to a fee equal to the (HRG. 9/14)
applicable percentage of the aggregate consideration REFERRED TO THE COMMITTEE ON LEGISLATION,
received in such transaction as set forth in Schedule A which CITY PLANNING BOARD AND CORPORATION
is annexed to the Application as Exhibit A and hereto as COUNSEL.
Exhibit B.
(c) One-half of any fee payable to Lazard in NO. 141
connection with a Century/ML Sale Transaction will be W. MURPHY, AGENT, USE 1301 FILLMORE-
credited against any fees subsequently payable pursuant to ILLUMINATED GROUND SIGN W/READER BOARD
section 2(b) of the ACC Engagement Letter between ACC (MASTEN)
and Lazard dated June 1. 2002. (PHONE #895-2499)
(d) In addition to any fees that may be payable to The attached is for Common Council Approval; but per
Lazard and, regardless of whether any transaction occurs, Permits, no public hearing is required.
REFERRED TO THE COMMITTEE ON LEGISLATION, This land was deeded to the Developer under the specific
CITY PLANNING BOARD AND condition that it be used for the benefit of the residents. We
CORPORATION COUNSEL. strongly object to it's use for any other purpose.
ADDITIONALLY, WE REQUEST THAT THE DEVELOPER
NO. 142 BE REQUIRED TO FULFILL THE MANDATE OF THE
R. EVANS & OTHERS REQ DELI 450 DODGE ST REMAIN LAND DISPOSAL AGREEMENT
CLOSED ELL REFERRED TO THE COMMITTEE ON LEGISLATION, THE
We the undersigned (concerned residents of this COMMISSIONER OF PUBLIC WORKS AND THE CITY
community), do hereby request that the DELICA TESSEN, PLANNING BOARD
located a 0 Dodge Street. Buffalo, New York 4208 remain
closed and never open again. RESOLUTIONS
It is a fact that it creates an unsafe environment for the NO. 146
residents of this neighborhood, including the elderly and BY: MR. BONIFACIO
handicapped from the God's City housing unit, and many DISCHARGE ITEM FROM THE BUDGET COMMITTEE
innocent children in transit to and from the Makowski Early Whereas: Res 109, CCP July 6, 2004 "Motor Vehicle Policy
Childhood Center, (Public School # 99), which is diagonally and
Whereas: It is no longer necessary for this item to be
across the street from this particular store. This store breeds
loitering,
considered by that committee;
Violent Crimes (including drive by shootings), Drug
Now, Therefore, Be It Further Resolved:
Trafficking, and enormous amounts of litter.
This Common Council does hereby discharge Budget
REFERRED TO THE COMMITTEE ON LEGISLATION,
Committee item Res 109, CCP July 6, 2004 "Motor Vehicle
COMMISSIONER OF PERMITS AND INSPECTIONS, THE
Policy from further consideration of the above item and said
CORPORATION COUNSEL AND THE DIRECTOR OF
item is now before the Council.
LICENSES
ADOPT DISCHARGE, PASSED.
AYES-9. NOES-9.
NO. 143
PETITION FOR DEDICATION OF PRECINCT 12 IN
NO. 147
MEMORY OF OFFICER DORIS AM
By: Mr. Bonifacio
LEWIS (ROOM ONLY PER THOMPSON
GRANT-FERRY APPLICATION TO THE NEW YORK
1) Please file the following item for the next Council meeting.
STATE MAIN STREET PROGRAM
IN L 0 HNG MEMOR Y OF OFFICER DORIS ANN LE WIS
Whereas: The State of New York recently unveiled a new
We the (Lewis/Scott) family of Officer Lewis, wish to have
$20 million grant program to help
New York Main Street
you join us in our efforts to have the newly built Precinct 12,
revitalize communities through building renovations,
located on East Ferry & Fillmore dedicated in her honor. We
downtown business or cultural anchors and streetscape
will be submitting this petition to Councilman Byron Brown.
enhancements ancillary to other program activities; and
WE THANK YOU WHOLE HEARTILY FOR YOUR
Whereas: Directed by the State Housing Trust Fund
PRAYERS AND SUPPOR T
Corporation and the Division of Housing and Community
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
Renewal, this program will fund up to $200,000 on a
COMMISSIONER OF PUBLIC WORKS AND THE
competitive, reimbursement basis to not-for-profits that will
COMMISSIONER OF POLICE
serve as Local Program Administrators and in turn
administer local grant programs along eligible commercial
NO. 144
corridors; and
REQUEST TRAILBLAZING SIGN EAST FERRY
Whereas: The Office of Strategic Planning welcomes this
Dear Councilman Thompson:
new State funding source as it strengthens the goals and
This letter is a request for your assistance with our trailblazer
actions for revitalization identified in the City's
request. Enclosed with this letter you will find pertinent
Comprehensive Plan, the CARE (Commercial Area
information including activities/organizations that Rev.
Revitalization Effort) Program and the Mayor's Livable
Darius Pridgen has been involved in. Also included are his
Communities Initiative which uses the targeted approach in
educational background and numerous awards.
designated neighborhoods known as Comprehensive Code
It is our understanding that if we follow the steps you will
Enforcement Areas (CCE); and
submit this request to the council for a smooth and efficient
Whereas: As proposed by the West Side Business and
process.
Taxpayer's Association, this request is for fascade
We would also like to point out that Marguerite Jackson 831-
improvements, building renovations (targeting affordable
0390 and Wanda Childers 838-3637 will pay for the signs. If
housing/ mixed use facilities) and streetscape
you have any questions regarding this request, please
enhancements. The Grant-Ferry area is ideally suited to this
contact us.
program and it meets a number of City priorities, as it is a
and provide the parking to which we are entitled.
Comprehensive Code Enforcement Area and part of the
REFERRED TO THE COMMITTEE ON LEGISLATION AND
CARE program. The CARE designation is especially
THE COMMISSIONER OF PUBLIC WORKS
significant as it adds significant public funds and strong
partnerships and the City supports this team effort to
NO. 145
revitalize the Grant-Ferry area.
C. JAMES OPPOSE PARKING ECC CITY CAMPUS
Now, Therefore, Be It Resolved:
The undersigned property owners and residents of the South
The Common Council of the City of Buffalo enthusiastically
Ellicott District and the Ellicott Town Center are adamantly
endorses the West Side Business and Taxpayer's
opposed to allowing the land which is dedicated to parking
Association application for improvements to the Grant-Ferry
for residents of the Ellicott Town Center, to be used for
area and calls upon the State of New York to give every
commercial parking and/or for parking for the Erie
consideration to funding this very worthy submission to the
Community College City Campus.
New York State Main Street program.
ADOPTED.
REQUEST BOARD OF EDUCATION TO IMPLEMENT A
NO. 148 SINGLE HEALTH INSURANCE PROVIDER FOR ALL
BY: MR. BONIFACIO BOARD OF EDUCATION UNIONS
'MANDATORY SPAY[NEUTERING FOR IMPOUNDED
DOGS Whereas: Due to massive cuts at all Government levels
Whereas: Each year the City Animal Shelter temporarily coupled with increasing costs of Health Care coverage for
houses thousands of dogs. Some are impounded p ending employees, Erie County and the City of Buffalo have been
court cases, however many are strays, and forced to restructure its employee health insurance plans in
Whereas: Of the stray animals impounded annually, the City a way that will reduce costs as we find creative ways to
Animal Shelter reports that approximately 500 are returned survive future budgetary restraints; and
to their owner once proper proof of ownership is provided; Whereas: Bringing Union Leaders to the table and
and negotiating the needs of all employees under one Insurance
Whereas: Working with dogs can be a very dangerous job. provider can be a difficult undertaking, nevertheless, it is
Like all animals, they are unpredictable and often react to a pertinent that the Board of Education begin negotiations now
situation in a way a person may not anticipate; and in anticipation of limited funds in 2005; and
Whereas: Of all the dogs that are handled by Animal Shelter Now, Therefore, Be It Resolved That:
personnel, the ones to exhibit the most unexpected and This Common Council request that the various Unions under
hazardous behaviors tend to be the unaltered dogs; and the Board of Education begin negotiations now in an effort to
Whereas: Most Animal Rights Groups and medical lessen the impact for the upcoming budgetary challenges
personnel agree that there are valid advantages to having a facing our City in May, 2005; and
dog spayed or neutered. They include: a better, more Be It Further Resolved That:
affectionate demeanor for the dog; a reduced risk of certain A copy of this resolution be sent to Yvonne Hargrave, Interim
cancers and illnesses for the dog, prevention of unwanted, Superintendent and all School Board Members requesting a
un-cared for dogs; avoidance of the drain on the finances of report as to their efforts to research and capitalize on the
the community to care for additional dogs; less transmission potential to save substantially on health costs by converting
of disease and/or injury to a human or animal; and a reduced to a single heath care 'provider for all Board of Education
fee for services such as mandated licenses; and unions; and
Whereas: In an effort to curb the abundance of unwanted Be it Finally Resolved That:
dogs in the City of Buffalo, as well as for the health and well- Unless there is a consorted effort to research and implement
being of residents with in the City, and for the overall health this obvious and substantial cost saving measure for Health
and behavior of the dog, changes to the City Dog Control Insurance, it will be unconscionable for the Board of
Ordinance in sections concerning the Authority of the Animal Education to request additional funding from the City or to
Shelter are be needed: keep their current funding
Now. Therefore, Be It Resolved: REFERRED TO THE COMMITTEE ON BUDGET, BOARD
That the Common Council of the City of Buffalo requests the OF EDUCATION, AND COMMISSIONER OF HUMAN
following changes to the appropriate City Ordinance is RESOURCES.
made:
For all dogs. five months or older, impounded/secured by the NO. 150
City Animal Shelter regardless of the reason, the City of By: Mr. Coppola
Buffalo mandates the spaying/neutering of the dog before it Assessment Rebate on Home Improvements
is returned to Ws owner or adopted; and Whereas: One of the ways that the City of Buffalo will
The owner of the dog shall cover the cost of spaying or rebound is by improving its neighborhoods and the quality of
neutering. If the owner does not wish to spay or neuter the life within the city; and
dog, they shall be required to pay a $250.00 fee, and Whereas: With so many homes throughout the City of
Proof of ownership to include but not be limited to a NYS Buffalo in need of repair and rehabilitation, the City needs to
dog license, (valid or not), Veterinarian/Medical records, pet provide every incentive possible to encourage homeowners
store proof of dog purchase, and county rabies clinic to do these improvements; and
certificate; and If ownership cannot be proved, the dog shall Whereas: There have been programs implemented in New
follow the procedures set up by the City Animal Shelter for York State to provide such incentives through tax rebates on
an abandoned dog,-, and assessed valuations due to home improvements; and
Now, Therefore, Be It Further Resolved: Whereas: Many home owners would be encouraged to
That the Common Council of the City of Buffalo does hereby improve and rehab their properties if they were not subject to
request the Law Department prepare the appropriate increased assessments and increased taxes due to their
ordinance and fee schedule to reflect the above information good work; and
and file it with the Common Council as soon as possible for Whereas: An incentive such as this will encourage
their review; and homeowners to make needed and necessary improvements
Now, Therefore, Be It Finally Resolved: to their homes rather than move to another location outside
That this Honorable Body does hereby request that this the city, and at the same time will also encourage more
resolution be referred to the appropriate Council people, living outside the City, to purchase a home in the
Committee until such time as the Council deems it no Ionger City; and
needed to have before them. Whereas: An incentive program similar to the one instituted
REFERRED TO THE COMMITTEE ON LEGISLATION, in the City of Tonawanda and now being considered in
CORPORATION COUNSEL, COMMISSIONER OF PUBLIC Lockport will help to improve our housing stock and our
WORKS AND SPCA. neighborhoods; and
Whereas: Any expected loss in possible tax revenue due to
NO. 149 increased property assessments would not be a loss due to
By: Mr. Bonifacio the fact that the improvement may never have taken place
Co-Sponsors: Mr. Coppola, Mr. Fontana, Mr. Golombek, without this incentive,
Mr. Griffin, Ms. Russell and
Whereas: If these improvements are not made the possibility Improvement Bonds of said City to finance the cost of land
of decreased tax revenue due to decreased assessed value acquisition and construction at 860 Hertel Avenue of a new
is just as likely. fire station, at the estimated maximum cost of $2,200,000.
Now therefore be it resolved that: The Common Council of the City of Buffalo, in the County of
The City of Buffalo law department prepares an amendment Erie, New York, hereby resolves (by the favorable vote of not
to the City of Buffalo's real property tax code to include a less than two-thirds of all the members of said Common
rebate on the additional assessed value due to home Council) as follows:
improvements; and Section 1. The Comptroller of the City of
Be it further resolved that: Buffalo, in the County of Eric, New York, is hereby
The rebate only apply to improvements in excess of Five authorized and directed to issue General Improvement
Thousand Dollars; and Bonds of said City in the principal amount of Two Million Two
Be it further resolved that: Hundred Thousand Dollars ($2,200,000), pursuant to the
The full value of the improvement is added to the real provisions of the Charter of said City and the Local Finance
property tax after a period of five years; and Law, constituting Chapter 33-a of the Consolidated Laws of
Be it further resolved that: the State of New York (the "Law"), to finance the cost of the
The value of the assessment be added incrementally as acquisition of the 1.32 acres of land located at 860 Hertel
follows: Avenue and construction on such site of a new fire station.
Year One (1) 0 value added The estimated total cost of said specific object or purpose for
Year Two (2) 25% value added which the bonds authorized by this resolution are to be
Year Three (3) 25% value added issued, including preliminary costs and costs incidental
Year Four (4) 25% value added thereto and the financing thereof, is $2,200,000 as set forth
Year Five (5) 25% value added in the duly adopted 2004 Capital Improvements Budget of
Be it further resolved that: said City, as amended.
The Commissioner of Taxation and Assessments file her Section 2. The proceeds of the sale of the
response to this resolution no later than September 16, 2004 bonds authorized by this resolution, or any bond anticipation
at 2:00 PM with the City Clerk's Office; and notes issued in anticipation of the sale of said bonds shall be
Be it finally resolved that: deposited in the Capital Projects Fund to the credit of the
This resolution is referred to the Committee on Finance for Department of Public Works, Division of Buildings, "New Fire
further consideration and discussion. Station-Elmwood & Hertel, 2004, Bond Authorization
REFERRED TO THE COMMITTEE ON LEGISLATION, Account No. 3000-210, and shall be used for the specific
COMMISSIONER OF ASSESSMENT, CORPORATION object or purpose specified in Section 1 of this resolution
COUNSEL. .Section 3. The City intends to finance, on an
interim basis, the costs or a portion of the costs of said
NO. 151 object or purpose for which bonds are herein authorized,
By: Mr. Coppola which costs are reasonably expected to be incurred by the
SHIFT OF OPERATION INTO AN EMPIRE ZONE City, pursuant to this Bond Resolution, in the maximum
Whereas: The Lexington Real Foods Community Co-Op has amount of $2,200,000. This Resolution is a declaration of
sold food products in Buffalo, New York since 1971, and has Official Intent adopted pursuant to the requirements of
been at its current location at 230 Lexington avenue since Treasury Regulation Section 1. 150-2.
1977; and Section 4. The following additional matters
Whereas: The Lexington Real Foods Community Co-Op are hereby determined and stated:
currently employs 20 people who are all residents of the City (a) The building to be constructed is of at
of Buffalo or surrounding suburbs; and least Class "B" construction, as defined by Section 11.00 a.
Whereas: Due to an ever expanding business and the need 11 (b) of the Law and the period of probable usefulness
for more space, The Lexington Real Foods Community Co-applicable to the specific object or purpose which the bonds
Op finds it necessary to relocate; and authorized by this resolution are to be issued is twenty-five
Whereas: The Lexington Real Foods Community Co-Op has (25) years.
met with members of the Buffalo Economic Renaissance (b) Current funds are not required by the
Corporation in an effort to find a location within a City of Law to be provided as a down payment prior to the issuance
Buffalo Empire Zone; and of the bonds authorized by this resolution or any bond
Whereas: The Lexington Real Foods Community Co-Op will anticipation notes issued in anticipation thereof in
relocate to 807 Elmwood Avenue, which is located within a accordance with Section 107.00 d. 9. of the Law.
City of Buffalo Empire Zone. Section 5. Each of the bonds authorized by
Be It Therefore Resolved: this resolution and any bond anticipation notes issued in
That this Common Council consents to the relocation of the anticipation of the sale of said bonds and the renewals of
Lexington Real Foods Community Co-Op from 230 said notes shall contain the recital of validity prescribed by
Lexington Section 52.00 of the Local Finance Law. Said bonds and
Avenue to 807 Elmwood Avenue, which is located within a said notes shall be general obligations of the City of Buffalo
City of payable as to both principal and interest by a general tax
Buffalo Empire Zone. upon all the taxable Teal property within said City without
PASSED. limitation as to rate or amount. The faith and credit of said
AYES-9. NOES-0. City are hereby irrevocably pledged for the punctual
payment of the principal of and interest on said bonds and
NO. 152 said notes. Provision shall be made annually by
BY: MR. COPPOLA appropriation by said City for the payment of interest on and
BOND RESOLUTION for the amounts required for the amortization and redemption
NEW FIRE STATION-ELMWOOD & HERTEL of said bonds and said notes.
ACCOUNT 3000-210 Section 6. The validity of the bonds authorized
Bond Resolution of the City of Buffalo, New York,, by this resolution or any bond anticipation notes issued in
authorizing the issuance of $2,200,000 General
anticipation of the sale of said bonds may be contested only authorized by this resolution are to be issued is twenty-five
if: (25) years.
(a) Such obligations are authorized for an object (b) Current funds are not required by the
or purpose for which the City of Buffalo is not authorized to Law to be provided as a down payment prior to the issuance
expend money, or of the bonds authorized by this resolution or any bond
(b) The provisions of law which should be anticipation notes issued in anticipation thereof in
complied with at the date of the publication of this resolution accordance with Section 107.00 d. 9. of the Law.
are not substantially complied with, Section 5. Each of the bonds authorized by
and an action, suit or proceeding contesting such validity, is this resolution and any bond anticipation notes issued in
commenced within twenty days after the date of such anticipation of the sale of said bonds and the renewals of
publication, said notes shall contain the recital of validity prescribed by
or Section 52.00 of the Local Finance Law. Said bonds and
(c) Such obligations are said notes shall be general obligations of the City of Buffalo
authorized in violation of the provisions of the constitution. payable as to both principal and interest by a general tax
LAID ON THE TABLE. upon all the taxable real property within said City without
limitation as to rate or amount. The faith and credit of said
NO. 153 City are hereby irrevocably pledged for the punctual
By: Mr. Coppola payment of the principal of and interest on said bonds and
BOND RESOLUTION said notes. Provision shall be made annually by
NEW FIRE STATION DELAVAN & FILLMORE appropriation by said City for the payment of interest on and
ACCOUNT 3000-210 for the amounts required for the amortization and redemption
Bond Resolution of the City of Buffalo, New York,, of said bonds and said notes.
authorizing the issuance of $2,200,000 General Section 6. The validity of the bonds authorized
Improvement Bonds of said City to finance the cost of land by this resolution or any bond anticipation notes issued in
acquisition and construction at 1716, 1720 & 1726 Fillmore anticipation of the sale of said bonds may be contested only
and 78, 82 & 84 Buell of a new fire station, at the estimated if:
maximum cost of $2,200,000. (a) Such obligations are
The Common Council of the City of Buffalo, in the County of authorized for an object or purpose for which the City of
Erie, New York, hereby resolves (by the favorable vote of not Buffalo is not authorized to expend money, or
less than two-thirds of all the members of said Common (b) The provisions of law which
Council) as follows: should be complied with at the date of the publication of this
Section 1. The Comptroller of the City of resolution are not substantially complied with,
Buffalo, in the County of Erie, New York, is hereby and an action, suit or proceeding contesting such validity, is
authorized and directed to issue General Improvement commenced within twenty days after the date of such
Bonds of said City in the principal amount of Two Million Two publication,
Hundred Thousand Dollars ($2,200,000), pursuant to the or
provisions of the Charter of said City and the Local Finance (c) Such obligations are authorized in
Law, constituting Chapter 33-a of the Consolidated Laws of violation of the provisions of the constitution.
the State of New York (the "Law"), to finance the cost of the LAID ON THE TABLE.
acquisition of the 0.62 acres of land located at 1716, 1720 &
1726 Fillmore and 78, 82 & 84 Buell and construction on NO. 154
such site of a new fire station. The estimated total cost of By: Mr. Coppola
said specific object or purpose for which the bonds PARKSIDE/MAIN AMHERST BUSINESS & RESIDENT
authorized by this resolution are to be issued, including COLLABORATION APPLICATION
preliminary costs and costs incidental thereto and the TO THE NEW YORK STATE MAIN STREET PROGRAM
financing thereof, is $2,200,000 as set forth in the duly Whereas: The State of New York recently unveiled a new
adopted 2004 Capital Improvements Budget of said City, as $20 million New York Main Street grant
amended.. program to help revitalize communities through building
Section 2. The proceeds of the sale of the renovations, downtown business or cultural anchors and
bonds authorized by this resolution, or any bond anticipation streetscape enhancements ancillary to other program
notes issued in anticipation of the sale of said bonds shall be activities; and
deposited in the Capital Projects Fund to the credit of the Whereas: Directed by the State Housing Trust Fund
Department of Public Works, Division of Buildings, "New Fire Corporation and the Division of Housing and Community
Station-Delavan & Fillmore, 2004, Bond Authorization Renewal, this program will fund up to $200,000 on a
Account No. 3000-2 10, and shall be used for the specific competitive, reimbursement basis to not-for-profits that will
object or purpose specified in Section I of this resolution. serve as Local Program Administrators and in turn
.Section 3. The City intends to finance, on an interim basis, administer local grant programs along eligible commercial
the costs or a portion of the costs of said object Or purpose corridors; and
for which bonds are herein authorized, which costs are Whereas: The Office of Strategic Planning welcomes this
reasonably expected to be incurred by the City, pursuant to new State funding source as it strengthens the goals and
this Bond Resolution, in the maximum amount of actions for revitalization identified in the City's
$2,200,000. This Resolution is a declaration of Official Intent Comprehensive Plan, the CARE (Commercial Area
adopted pursuant to the requirements of Treasury Rehabilitation Enhancement) program and the Mayor's
Regulation Section 1. 150-2. Livable Communities Initiative which uses the targeted
Section 4. The following additional matters are hereby approach in designated neighborhoods known as
determined and stated: Comprehensive Code Enforcement Areas (CCE); and
(a) The building to be constructed is of at Whereas: The submission of the Parkside/Main Amherst
least Class "B" construction, as defined by Section 11.00 a. Business & Resident Collaboration for $200,000 in funding
11 (b) of the Law and the period of probable usefulness for fascade and building renovation grants will boost the
applicable to the specific object or purpose which the bonds efforts of the Parkside Community Association and its
partners to preserve and enhance the historic flavor of this Whereas: The Committee is requesting to use the following
neighborhood. The service area outlined along Main Street street light poles; 1 12,122,134,135,138
is one a strategic investment corridor and is part of the ,141,151,181,144,165,176,202,225,251,265,246,220,2
CARE program. Parkside Community Association's 39,303,315,337,381,310,336,322,282,296,344,411,451,436,
experience and their partnership with the Main Amherst 473,503,460,470,516
Business and Resident Association gives the City ,524,531,577,612,141,165,239,315,425,490,549,630,643,69
confidence in their capacity to successfully manage program 1,215,199,175,192,1 43,95,51,138,48,170
delivery in a systematic approach. Now Therefore Be Resolved That:
Now, Therefore, Be It Resolved: the Common Council of the That the Common Council of the City of Buffalo grants
City of Buffalo enthusiastically endorses the application from permission to the Puerto Rican Day Parade of Western New
the Parkside/Main Amherst Business and Resident York Association, Inc. to hang said flags to advertise there
Association Collaboration and calls upon the State of New 2nd Annual Puerto Rican Day Parade, and
York to give every consideration to funding this very worthy Be It Further Resolved:
submission to the New York State Main Street program. That the Puerto Rican Day Parade of Western New York
ADOPTED. Association, Inc will purchase the necessary bond before the
flags are hung and said flags meets all the requirement's of
NO. 155 pertinent City Department's and that no existing laws are
By: Mr. Coppola violated
NYS Medicaid Relief Package PASSED.
Whereas: The New York State Legislature and the Governor AYES-9. NOES-0.
have stated that they intend to provide Medicaid Relief for
Counties in this year's budget; and NO. 157
Whereas: To the extent that any Medicaid Relief Bill will BY: BRIAN C. DAVIS
provide much needed financial assistance to county ALLENTOWN MAIN STREET INITIATIVE APPLICATION
governments, the bill should include a sharing mechanism TO THE NEW YORK STATE MAIN STREET PROGRAM
for local governments within each respective county; and Whereas: The State of New York recently unveiled a new
Whereas: To the extent that the legislature and the governor $20 million New York Main Street grant
recognize that local governments (cities, towns, villages etc.) program to help revitalize communities through building
are in much need of financial assistance and mandate relief renovations, downtown business or cultural anchors and
as well, any bill that is signed into law without a mandated streetscape enhancements ancillary to other program
sharing mechanism would be unfair and irresponsible; and activities; and
Whereas: County Executives throughout the state have led Whereas: Directed by the State Housing Trust Fund
the charge for Medicaid Mandate Relief and some have Corporation and the Division of Housing and Community
stated that they intend to share portions of any savings with Renewal, this program will fund up to $200,000 on a
their local municipalities (See attachment); and competitive, reimbursement basis to not-for-profits that will
Whereas: In light of those stated intentions, the legislature serve as Local Program Administrators and in turn
and the governor should lead the charge in making sure that administer local grant programs along eligible commercial
those commitments are fulfilled by law. corridors; and
Now Therefore Be It Resolved: Whereas: The Buffalo Common Council welcomes this new
That the City of Buffalo Common Council requests that the State funding source as it strengthens the goals and actions
NYS Legislature and the Governor include a sharing for revitalization identified in the City's Comprehensive Plan,
mechanism in any Medicaid Relief bill that is passed and the CARE (Commercial Area Revitalization Effort) program
signed into law that requires counties to share portions of and the Mayor's Livable Communities Initiative which uses
their Medicaid relief savings with local municipalities within the targeted approach in designated neighborhoods known
their respective counties; and as Comprehensive Code Enforcement Areas (CCE); and
Be It Further Resolved: Whereas: As proposed by the Allentown Association,
That this Common Council asks that the County Executive $160,000 is requested for fascade improvements along the
fulfill his commitment of sharing Medicaid relief saving with 800 block of Main Street. The project will encompass 16
the City of Buffalo, even if the Bill passed by the New York properties in the Historic Allentown District and act a further
State Legislature and the Governor does not include a incentive for full restoration of this block to commercial and
provision requiring a sharing. residential use. Located in one of the Strategic Investment
ADOPTED. Corridors highlighted in the City Comprehensive plan,
improvements to the 800 Block are key to the continuing
NO. 156 investment in the Buffalo Niagara Medical Campus and the
By: Brian C. Davis Allentown Community that will help meet the goals of the
PERMISSION TO HANG FLAGS ON NIAGARA STREET Queen City Hub downtown plan.
Whereas: The Puerto Rican Day Parade of Western
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo
New York Association, Inc. would like to promote
enthusiastically endorses the Allentown Association's
the 2`1 Annual Puerto Rican Day Parade; and
application for fascade improvements to the Historic 800
Whereas: The Committee of the Puerto Rican Day
block of Main Street and calls upon the State of New York to
Parade of Western New York Association, Inc is
give every consideration to funding this very worthy
submission to the program; and
New York State Main Street
requesting permission to display flags on Niagara
Finally, Be it Resolved:
Street Between South Elmwood Avenue Porter
That copies of this resolution be sent to the NYS Western
Avenue to Forth Street; and
New York Delegation, the Speaker of the NYS Assembly
Whereas: The Committee has requested the banner to be and the NYS Senate Majority and Minority Leaders.
hung from September 7, 2004 through September 25, 2004; ADOPTED.
and
NO. 158
By: Brian C. Davis Shea's Performing Arts Center will purchase the necessary
Buffalo Place Building Facade, Housing and bond before the banners are hung and said banners shall
Streetscape program application to the NewYork meet all the requirements of pertinent City Department's and
STATE MAIN STREET PROGRAM that no existing laws are violated
Whereas: The State of New York recently unveiled a new PASSED
$20 million New York Main Street grant program to help AYES-9. NOES-0.
revitalize communities through building renovations,
downtown business or cultural anchors and streetscape NO. 160
enhancements ancillary to other program activities; and By: Brian C. Davis
Whereas: Directed by the State Housing Trust Fund Co-Sponsors: Marc A. Coppola & Dominic J. Bonifacio
Corporation and the Division of Housing and Community Jr.
Renewal, this program will fund up to $200,000 on a ELMWOOD COMMERCIAL DISTRICT REHABILITATION
competitive, reimbursement basis to not-for-profits that will APPLICATION TO THE NEW YORK STATE MAIN
serve as Local Program Administrators and in turn STREET PROGRAM
administer local grant programs along eligible commercial Whereas: The State of New York recently unveiled a new
corridors; and $20 million New York Main Street grant program to help
Whereas: The Buffalo Common Council welcomes this new revitalize communities through building renovations,
State funding source as it strengthens the goals and actions downtown business or cultural anchors and streetscape
for revitalization identified in the City's Comprehensive Plan, enhancements ancillary to other program activities; and
the CARE (Commercial Area Revitalization Effort) program Whereas: Directed by the State Housing Trust Fund
and the Mayor's Livable Communities Initiative which uses Corporation and the Division of Housing and Community
the targeted approach in designated neighborhoods known Renewal, this program will fund up to $200,000 on a
as Comprehensive Code Enforcement Areas (CCE); and competitive, reimbursement basis to not-for-profits that will
Whereas: As proposed by Buffalo Place, the $162,000 serve as Local Program Administrators and in turn
requested will be used for fascade, building administer local grant programs along eligible commercial
renovations and enhanced streetscape along the east side corridors; and
500 block of Main Street, between Washington, Huron and Whereas: The Buffalo Common Council welcomes this new
Mohawk. This project service area is in a Strategic State funding source as it strengthens the goals and actions
Investment corridor of the City Comprehensive Plan and is for revitalization identified in the City's Comprehensive Plan,
supported by the "Queen City Hub: A Regional Action Plan the CARE (Commercial Area Revitalization Effort) program
for Downtown Buffalo." A key partner in the implementation and the Mayor's Livable Communities Initiative which uses
of the Queen City Hub plan, Buffalo Place has the the targeted approach in designated neighborhoods known
administrative capacity and the experience to work with both as Comprehensive Code Enforcement Areas (CCE); and
private and public sectors to successfully deliver on the Whereas: As proposed by Forever Elmwood, the requested
program's promise of Main Street revitalization. $ 1 00,000 for the Elmwood Commercial Revitalization
Now, Therefore, Be It Resolved: Program will be used for targeted building and fascade
That the Common Council of the City of Buffalo renovations and streetscape enhancements to further
enthusiastically endorses the Buffalo Place application for strengthen this thriving commercial corridor. Forever
improvements to the 500 block of Main Street and calls upon Elmwood's experience and example of initiating and
the State of New York to give every consideration to funding managing economic development programs is a model of
this very worthy submission to the New York State Main organization, implementation and creativity giving the City
Street program. every confidence in their capacity to successfully manage
Finally, Be it Resolved: program delivery in a systematic approach.
That copies of this resolution be sent to the NYS Western Now, Therefore, Be It Resolved:
New York Delegation, the Speaker of the NYS Assembly That the Common Council of the City of Buffalo
and the NYS Senate Majority and Minority Leaders. enthusiastically endorses the application for the Elmwood
ADOPTED. Commercial District Rehabilitation Program and calls upon
the State of New York to give every consideration to funding
this very worthy submission to the
NO. 159 New York State Main
program.
By: Brian C. Davis Street
Permission to hang banners on Pearl Street Finally, Be it Resolved:
Whereas: Shea's Performing Arts Center would like to That copies of this resolution be sent to the NYS Western
promote Disney's "The Lion King" coming to Buffalo; and New York Delegation, the Speaker of the NYS Assembly
Whereas: Shea's Performing Arts Center is requesting and the NYS Senate Majority and Minorities.
permission to display banners on Pearl Street between West ADOPTED.
Tupper and Chippewa Streets; and
Whereas: Shea's Performing Arts Center has requested the NO. 161
banners be displayed from Friday, September 17, 2004
through Monday, September 20, 2004; and By: Brian C. Davis
Whereas: Shea's Performing Arts Center also request that ERIE REGIONAL HOUSING DEVELOPMENT/GENESEE
the banners be redisplayed from Monday, February 14, 2005 VILLAGE APPLICATION TO THE NEW YORK STATE
through Monday, April 4, 2005. MAIN STREET PROGRAM
Now Therefore Be Resolved That: Whereas: The State of New York recently unveiled a new
That the Common Council of the City of Buffalo grants $20 million New York Main Street grant program to help
permission to revitalize communities through building renovations,
Shea's Performing Arts Center to display said banners to downtown business or cultural anchors and streetscape
advertise enhancements ancillary to other program activities; and
Disney's "The Lion King" coming to Buffalo, and Whereas: Directed by the State Housing Trust Fund
Be It Further Resolved: Corporation and the Division of Housing and Community
Renewal, this program will fund up to $200,000 on a
competitive, reimbursement basis to not-for-profits that will and not-for-profit entities, BERC is strongly positioned to
serve as Local Program Administrators and in turn successfully administer a Main Street revitalization program.
administer local grant programs along eligible commercial Now, Therefore, Be It Resolved:
corridors; and That the Common Council of the City of Buffalo
Whereas: Buffalo Common Council welcomes this new State enthusiastically endorses the BERC's application for fascade
funding source as it strengthens the goals and actions for improvements to eligible buildings within the targeted CARE
revitalization identified in the City's Comprehensive Plan, the (Commercial Area Revitalization Effort) Program and calls
CARE (Commercial Area Revitalization Effort) Program and upon the State of New York to give every consideration to
the Mayor's Livable Communities Initiative which targets funding this very worthy submission to the New York State
designated neighborhoods known as Comprehensive Code Main Street program; and
Enforcement Areas (CCE); and Finally, Be it Resolved:
Whereas: As proposed by Erie Regional Housing That copies of this resolution be sent to the NYS Western
Corporation, $195,000 is being requested for 6 privately New York Delegation, the Speaker of the NYS Assembly
owned buildings within the Genesee Village of downtown and the NYS Senate Majority and Minority Leaders.
Buffalo, bound by Ellicott, Tupper, Oak and Huron Streets. ADOPTED.
This request includes $100,000 for a"downtown
anchor"project for development of 7,000 square feet of NO. 163
grocery space, as well as dollars for facade and building BY: MR. FONTANA
renovations and streetscape enhancements. This request CITY OF BUFFALO TAX FORECLOSURE AUCTION
builds on existing private and public investments that Whereas: The City of Buffalo will conduct a tax foreclosure
continues to have City support. auction on October 25 and October 26, 2004 at the Buffalo
Now, Therefore, Be It Resolved: That the Common Council Convention Center; and
of the City of Buffalo enthusiastically endorses the Erie Whereas: The City's tax foreclosure auction has traditionally
Regional Housing Corporation application for the Genesee seen many individuals from outside the City, and even
Village and calls upon the State of New York to give every outside of New York State, make multiple property
consideration to funding this very worthy submission to the purchases; and
New York State Main Street program; and Whereas: While most of these auctions attract responsible
Finally, Be it Resolved: That copies of this resolution be sent purchasers, many unscrupulous investors buy up numerous
to the NYS Western New York Delegation, the Speaker of properties at below market prices, only to let these
the NYS Assembly and the NYS Senate Majority and properties further deteriorate; and
Minority Leaders. Whereas: The tax foreclosure auction is a primary example
ADOPTED. of a situation in which the City of Buffalo has no control over
who purchases property in the city and for what purposes
NO. 162 the homes purchased will be used; and
BY: BRIAN C. DAVIS Whereas: Owner-occupied homes are the core of any stable
CO-SPONSOR: ANTOINE M. THOMPSON neighborhood and the City of Buffalo should do all it can to
Buffalo Economic Renaissance Corporation's CARE encourage and promote home ownership amongst its
application to the York State Main
New residents; and
Street Program Whereas: Limiting the first day of the City auction to
Whereas: The State of New York recently unveiled a new individuals who are intent on buying a home to live-in, would
$20 million New York Main Street grant program to help encourage home-ownership in the City. The second day of
revitalize communities through building renovations, the auction could then be opened to all responsible persons
downtown business or cultural anchors and streetscape to purchase property;
enhancements ancillary to other program activities; and Now, Therefore, Be It Resolved:
Whereas: Directed by the State Housing Trust Fund That the Common Council of the City of Buffalo requests that
Corporation and the Division of Housing and Community the Department of Assessment and Taxation hereby
Renewal, this program will fund up to $200,000 on a designate the first day of the City of Buffalo Tax Foreclosure
competitive, auction be limited to those individuals who intend to live in
reimbursement basis to not-for-profits that will serve as Local the properties they purchase; and
Program Administrators and in turn administer local grant Be it Further Resolved:
programs along eligible commercial corridors; and That copies of this resolution be forwarded to the
Whereas: Buffalo Common Council welcomes this new Department of Assessment and Taxation, the Division of
State funding source as it strengthens the goals and actions Real Estate, the Department of Administration and Finance,
for revitalization identified in the City's Comprehensive Plan, and the Corporation Counsel for their response.
the CARE (Commercial Area Revitalization Effort) program REFERRED TO THE COMMITTEE ON LEGISLATION,
and the Mayor's Livable Communities Initiative which uses COMMISSIONER OF ASSESSMENT, CORPORATION
the targeted approach in designated neighborhoods known COUNSEL AND DIRECTOR OF REAL ESTATE.
as Comprehensive Code Enforcement Areas (CCE); and
Whereas: Buffalo Economic Renaissance Corporation is
applying for $200,000 in fascade enhancement dollars NO. 164
targeted to eligible buildings within the CARE areas whose BY: MR. FONTANA
geography includes Lower Niagara Business District, GENESEE STREET NEIGHBORHOOD BUSINESS
Jefferson Avenue Business Corridor and the Fillmore-Leroy DISTRICT APPLICATION TO THE NEW YORKSTATE
area connecting with improvements to the Central Park MAINSTREET PROGRAM
Plaza. The CARE program was created to promote the Whereas: The State of New York recently unveiled
a new $20 million grant program to
economic vitality of Buffalo's older neighborhood commercial New York Main Street
districts by encouraging and providing a comprehensive help revitalize communities through building renovations,
revitalization program. Having launched the CARE program downtown business or cultural anchors and streetscape
through a partnership between residents, businesses, public enhancements ancillary to other program activities; and,
Whereas: Directed by the State Housing Trust c) Graduation from High School, GED, or
Fund Corporation and the Division of Housing and Equivalency Diploma, and eight years of full time responsible
Community Renewal, this program will fund up to $200,000 experience in public administration, including research and
on a competitive, reimbursement basis to not-for-profits that finance, six years of which must have been emergency
will serve as Local Program Administrators and in turn management experience;
administer local grant programs along eligible commercial OR
corridors; and, d)An equivalent combination within the limits of A, B, and C;
Whereas: The Office of Strategic Planning and
welcomes this new State funding source as it strengthens e)Possession of a current NYS Driver's License that must be
the goals and actions for revitalization identified in the City's presented at the time of appointment and maintained during
Comprehensive Plan, the CARE (Commercial Area employment-
Revitalization Effort) program and the Mayor's Livable f) Completion of the Certified Emergency Manager
Communities Initiative which uses the targeted approach in (CEM) program through the National Coordinating Council
designated neighborhoods known as Comprehensive Code on Emergency Management within six months of the date of
Enforcement Areas (CCE); and, appointment; and
Whereas: As proposed by Lovejoy District g)HAZMAT Technician certification level or higher to be
Neighborhood Revitalization Services (NRS), the $200,000 presented within six months of the date of employment.
requested will be used for facade and building renovation @6-56 Powers and Duties of the Homeland Security
grants with ancillary streetscape enhancements. The Coordinator
program location is the Genesee Street Neighborhood The powers and duties of the Homeland Security
Business District in the Schiller Park Comprehensive Code Coordinator shall include, but are not limited to the following:
Enforcement (CCE) area and the City is confident and in a)Advise departments on their emergency plans and
support of the Lovejoy District NRS's ability to continue coordinates interdepartmental activities;
providing targeted assistance to local business owners and b)Administers the process for submitting federal and state
revitalize this mixed-use business area. reimbursement claims for the City of Buffalo's costs during
Now, Therefore, Be It Resolved: and after emergency operation,
The Common Council of the City of Buffalo enthusiastically c) Serves as the City of Buffalo's Radiological Defense
endorses the application for the Genesee Street Officer
Neighborhood Business District Program and calls upon the d)Directs and supervises the Emergency Preparedness
State of New York to give every consideration to funding this Volunteer Program;
very worthy submission to the
New York State Main Street e)Reviews state and federal proposed legislation and
program. provides recommendations;
ADOPTED f) Demonstrates a continuous effort to improve operations,
decrease turnaround times, streamline work processes, and
NO. 165 work cooperatively and jointly to provide quality seamless
BY: MR. FONTANA customer service.
CITY OF BUFFALO g)Performs other related duties as required.
LOCAL LAW NO. (2004) Section 2. Insofar as the provisions of this local law are
INTRODUCTORY NO. 13 (2004) inconsistent with the provisions of any other local law or act,
A LOCAL LAW amending the Charter of the City of the provisions of this local law shall be controlling.
Buffalo in relation to the establishment of the Office of Section 3. This local law shall take effect immediately.
Homeland Security/Emergency Management. APPROVED AS TO FORM
BE IT ENACTED BY THE COMMON COUNCIL OF THE Corporation Counsel
CITY OF BUFFALO AS FOLLOWS: NOTE: Matter in brackets [ ]to be deleted; matter
Section 1. That Article 6 of the Charter of the City of Buffalo, underlined is new.
adopted pursuant to law, is hereby amended as follows: REFERRED TO THE COMMITTEE ON LEGISLATION
§6-54. Office of Homeland Security/Emergency
Management. NO. 166
This local law shall establish under the Executive BY: MR. FONTANA
Department the Office of Homeland Security/Emergency NATIONAL ATTENTION DEFICIT DISORDER
Management for the City of Buffalo. AWARENESS DAY
0-55 Homeland Security Coordinator Whereas: Attention Deficit/Hyperactivity Disorder
This section establishes the position of Homeland Security (also known as "AD/HD" or "ADD"), is a chronic
Coordinator. The Homeland Security Coordinator shall be neurobiological disorder, affecting both children and adults,
appointed by the Mayor. The minimum qualifications for this that can significantly interfere with an individual's ability to
position are as follows: regulate activity level, inhibit behavior and attend to tasks in
a)Master's Degree in Public Administration, Business developmentally appropriate ways; and
Administration, Government Management, Industrial Whereas: AD/HD can cause devastating
Engineering, or a closely related field, and four years of full-consequences, including failure in school and the workplace,
time responsible experience in public administration, antisocial behavior, encounters with the justice system,
including research and finance, two years of which must interpersonal difficulties and substance abuse; and
have been emergency management experience, Whereas: AD/HD, the most extensively studied
OR mental disorder in children, affects an estimated 3-7 percent
b)Bachelor's Degree in Public Administration, Business (8,000,000) of adults across racial, ethnic, and
Administration, Government Management, Industrial socioeconomic lines; and
Engineering, or a closely related field, and six years of full-Whereas: Poor and minority communities are
time experience in public administration, including research particularly underserved by AD/HD resources; and
and finance, four years of which must have been emergency Whereas: The Surgeon General, the American
management experience, Medical Association (AMA), the American Psychiatric
OR Association, the American Academy of Child and Adolescent
Psychiatry (AACAP), the American Psychological NO. 168
Association, the American Academy of Pediatrics (AA-P), BY: MR. FRANCZYK
the Centers for Disease Control and Prevention (CDC), and LT. COL. MATT URBAN CENTER'S DAY CARE/FAMILY
the National Institute of Mental Health, among others, SUPPORT CENTER APPLICATION TO THE NEW YORK
recognize the need for proper diagnosis, education, and STATE MAIN STREET PROGRAM
treatment of AD/HD; and
Whereas: Lack of knowledge, combined with the Whereas: The State of New York recently unveiled
a new $20 million grant
issue of stigma associated with AD/HD, has a particularly New York Main Street
detrimental effect on the diagnosis and treatment of AD/HD; program to help revitalize communities through building
and renovations, downtown business or cultural anchors and
Whereas: There is a need to educate health care streetscape enhancements ancillary to other program
professionals, employers, and educators about the disorder activities; and
and need for well-trained mental health professionals Whereas: Directed by the State Housing Trust
capable of conducting proper diagnosis and treatment Fund Corporation and the Division of Housing and
activities; and Community Renewal, this program will fund up to $200,000
Whereas: Studies by the National Institute of on a competitive, reimbursement basis to not-for-profits that
Mental Health and others consistently reveal that through will serve as Local Program Administrators and in turn
proper and comprehensive diagnosis and treatment, the administer local grant programs along eligible commercial
symptoms of AD/HD can be substantially decreased and corridors- and
quality of life for the individual can be improved Whereas: The Buffalo Common Council welcomes
Now, Therefore Be It Resolved That: this new State funding source as it strengthens the goals
This Common Council recognizes Attention and actions for revitalization identified in the City's
Deficit/Hyperactivity Disorder (AD/HD) as a major Comprehensive Plan, the CARE (Commercial Area
public health concern; and Revitalization Effort) Program and the Mayor's Livable
Be It Finally Resolved That: Communities Initiative which uses the targeted approach in
This Common Council hereby proclaims September 7, 2004 designated neighborhoods known as Comprehensive Code
as "National Attention Deficit Enforcement Areas (CCE)- and
Disorder Day" in the City of Buffalo. Whereas: The submission of the Lt. Col. Matt
ADOPTED Urban Center for $200,000 in funding to assist in the building
renovations and landscape improvements needed to bring
NO. 167 day care to this cultural and community anchor in the
BY: MR. FONTANA AND MR. FRANCZYK Broadway-Fillmore area is in keeping with City priorities and
ORDINANCE AMENDMENT neighborhood needs. Their experience and inclusion of a
CHAPTER 309, PARKS AND OTHER OPEN SPACES request for building facade grants for eligible applicants
The Common Council of the City of Buffalo does hereby along the commercial corridor which includes the Lt. Col.
ordain as follows: Matt Urban Center gives the City confidence in their
That the Code of the City of Buffalo be amended to read as capacity to successfully manage program delivery in a
follows: systematic approach.
§309-37. Hazardous operation of motor vehicle in park. Now, Therefore, Be It Resolved @ the Common Council of
(A) No person shall operate a motor vehicle within a the City of Buffalo enthusiastically endorses the application
park in a reckless manner or that creates a hazardous or from the Lt.Col. Matt Urban Center's Day Care/Family
physically offensive condition, or that unreasonably alarms Support Center and calls upon the State of New York to give
or annoys another person using the park. Prohibited every consideration to funding this very worthy submission to
the program.
conduct shall include operating a motor vehicle in proximity New York State Main Street
to pedestrian or other users of the park by crossing over any ADOPTED
pavement markings that separate pedestrian non-vehicular
areas from vehicular areas or otherwise operating a vehicle NO. 169
in a manner so as to endanger or create a risk of injury to BY MR. FRANCZYK
users of the park; and operating a motor vehicle adjacent to APPOINTMENT AS LEGISLATIVE AIDE
areas designated for pedestrian or non-vehicular use in Mr. Franczyk moved approval of the appointment of Karen
excess of the posted speed limit in the park. Violations of Privateer as a Legislative Aide pursuant to Section 3-7 of the
this section shall be punishable by a fine or a penalty as Charter of the City of Buffalo to be effective September 23,
provided in § I- 5 of the Code of the City of Buffalo.
1 2004.
(B) No person shall operate an All Terrain Vehicle Seconded by Mr. Coppola
(ATV), or any vehicle that is not street legal within a park at ADOPTED.
any time unless said ATV, or any vehicle that is not street AYES BONIFACIO, COPPOLA, DAVIS, FONTANA,
legal is operated by government officials, the Buffalo Police FRANCZYK, GOLOMBEK, RUSSELL, THOMPSON – 8
Department, the Erie County Sheriff s Department, the New NOES – GRIFFIN - 1
York State Police Department, the Federal Bureau of
Investigation or the Bureau of Alcohol, Tobacco, Firearms NO. 170
and Explosives. Violations of this section shall be BY: MR. FRANCZYK
punishable by a fine or a penalty as provided in § I- 5 of
1 SOUTH PARK REVITALIZATION APPLICATION TO THE
the Code of the City of Buffalo. NEW YORK STATE MAIN STREET PROGRAM
APPROVED AS TO FORM Whereas: The State of New York recently unveiled
Corporation Counsel a new $20 million New York MainStreetgrant program to
NOTE: Matter strike through is to be deleted, matter help revitalize communities through building renovations,
underlined is new. downtown business or cultural anchors and streetscape
PASSED enhancements ancillary to other program activities; and
AYES - 9 NOES - 0 Whereas: Directed by the State Housing Trust
Fund Corporation and the Division of Housing and
Community Renewal, this program will fund up to $200,000 Be It Finally Resolved That:
on a competitive, reimbursement basis to not-for-profits that A certified copy of this resolution be forwarded to Patti Paul,
will serve as Local Program Administrators and in turn Manager of Government Affairs, National Fuel Gas, 6360
administer local grant programs along eligible commercial Main Street, buffalo, New York
corridors; and 14221.
Whereas: The Buffalo Common Council welcomes REFERRED TO THE COMMITTEE ON LEGISLATION,
this new State funding source as it strengthens the goals NATIONAL FUEL AND THE PUBLIC SERVICE
and actions for revitalization identified in the City's COMMISSION
Comprehensive Plan, the CARE (Commercial Area
Revitalization Effort) program and the Mayor's Livable NO. 172
Communities Initiative which uses the targeted approach in BY: MR. GRIFFIN, MR. COPPOLA AND MR. FONTANA
designated neighborhoods known as Comprehensive Code REQUEST LOCAL LAW ON THE PARTIAL COLLECTION
Enforcement Areas (CCE)- and OF REAL PROPERTY TAXES BY THE DEPARTMENT OF
Wbereas: As proposed by The Old First Ward TAX AND ASSESSMENT
Community Association, the requested $135,000 for South Whereas: Currently, the City of Buffalo Charter Section 28-
Park Revitalization will be for facade and building 65 states that the entire local assessment on the general city
renovations and include streetscape enhancements in one of tax shall become due and payable on the first day of July in
the City's strategic investment corridors, known as the first each year without any additions, and the remaining one-half
'Main Street" in the Buffalo River community. Already of the general city tax on said roll, and must be paid prior to
generating interest among targeted South Park Avenue the thirty-first day of December, without additions; and
business owners, the City is confident in the Old First Ward Whereas: A city may not accept less than the amount of city
Community Association's ability to work with other non-profit and school taxes due and credit a real property owner with
service providers, residents and businesses to maintain its the payment of such a lesser sum for purposes of the
unique identity while creating a critical mass of targeted possible later saving of interest and penalties thereon; and
improvements. Whereas: Many City of Buffalo property owners, especially
Now, Therefore, Be It Resolve the Common Council of the seniors, find paying all their property taxes in only two
City of Buffalo enthusiastically endorses the application for payments, a severe hardship; and
the South Park Revitalization Program and calls upon the Whereas: According to Real Property Tax Law Section 975,
State of New York to give every consideration to funding this a real property owner may choose to pay his real property
very worthy submission to the
New York State Main Street taxes in installments where the municipality in which his or
program. her property is situated has adopted a local law to that effect
ADOPTED under Real Property Tax Law Section 972; and
Whereas: In order to effectuate any changes to the City's
NO. 171 Charter or the Real Property Tax Law, a Local Law must be
BY: MR. JOSEPH GOLOMBEK, JR. adopted;
REQUEST NATIONAL FUEL TO HALT THE Now, Therefore, Be It Resolved That:
INSTALLATION OF This Common Council in order to help alleviate some of the
OUTSIDE METERS IN THE CITY OF BUFFALO burden on City of Buffalo Real Property owners when paying
Whereas: National Fuel Gas has installed outside meters on their annual Real Property Taxes, does hereby request that
some city streets causing confusion the Department of Law, draft a Local Law amending the
and concerns regarding the safety and appearance of these sections of the City Charter and/or the Real Property Tax
meters on the front and sides of residential property; and Law, to allow for the collection of partial real property taxes
Whereas: It has come to the attention of this Council, that in installments by the Department of Tax and Assessment;
these meters have a safety valve that would allow for the and
shutting off of gas at the meter by not only National Fuel Gas Be It Further Resolved That:
or its representatives, but by any individual that chose to do The Department of Law present a Local Law to the Buffalo
so; and Common Council within thirty days of the adoption of this
Whereas: The safety of the residents of the City of Buffalo is resolution; and
of great importance to this Council; and Be It Finally Resolved That:
Whereas: The continuation of providing reliable natural gas A copy of this resolution be forwarded to Michael Risman,
services to its customers is one the top priorities of National Corporation Counsel for the City of Buffalo.
Fuel Gas, the public safety of their customers should also be REFERRED TO THE COMMITTEE ON LEGISLATION,
a top priority; and COMMISSIONER OF ASSESSMENT AND THE
Whereas: With the offset of winter rapidly approaching, CORPORATION COUNSEL
concerns over residents safety and the
continuation their natural gas service as their heating source NO. 173
for the winter months is of utmost importance; BY JAMES D. GRIFFIN
Now, Therefore, Be It Resolved That: SENECA STREET REDEVELOPMENT PROGRAM
This Common Council requests that National Fuel Gas halts APPLICATION TO THE NEW YORK STATE MAIN
any further installation of outside meters in the City of STREET PROGRAM
Buffalo, until the issue of public safety has been addressed Whereas: The State of New York recently unveiled
and resolved; and a new $20 million New York Main Streetgrant program to
Be It Further Resolved That: help revitalize communities through building renovations,
Upon the passage of this resolution by the Common Council, downtown business or cultural anchors and streetscape
National Fuel Gas is requested to file a written response enhancements ancillary to other program activities; and
within thirty (30) days with the City Clerk, addressing the Whereas: Directed by the State Housing Trust
public safety issue of outside meters within the City of Fund Corporation and the Division of Housing and
Buffalo, and what preventive measures are or will be Community Renewal, this program will fund up to $200,000
undertaken by Natural Fuel Gas to insure the safety of on a competitive, reimbursement basis to not-for-profits that
Buffalo residents; and will serve as Local Program Administrators and in turn
administer local grant programs along eligible commercial That part of Section I of Chapter 35 of the Code of the City of
corridors; and Buffalo, relating to 03 - Mayor, 1501 Executive, 2 1 - Fire, 1
Whereas: The Office of Strategic Planning 131 - Administrative, which currently reads:
welcomes this new State funding source as it strengthens 12131001 Fire - Administrative
the goals and actions for revitalization identified in the City's I Homeland Security Coordinator $ 70,000
Comprehensive Plan, the CARE (Commercial Area Is hereby amended to read:
Rehabilitation Enhancement) program and the Mayor's 10301001 Mayor - Executive
Livable Communities Initiative which uses the targeted I Homeland Security Coordinator $ 70,000
approach in designated neighborhoods known as We, ANT ONY M. MASIELLO, MAYOR, MICHAEL L.
Comprehensive Code Enforcement Areas (CCE); and DORAZIO, COMMISSIONER OF FIRE AND MICHAEL A.
Whereas: As proposed by Neighborhood Housing SEAMAN DIRECTOR OF BUDGET, hereby certify that the
Services (N.H.S.) of South Buffalo, the $200,000 requested above change is necessary for the proper conduct,
for the Seneca Street Redevelopment Program will be used administration and performance of essential services of that
for building and fagade renovations and streetscape department. We recommend that the compensation for said
enhancements further advancing the ongoing efforts to position be fixed at the respective amount set forth in the
restore and return this vital commercial corridor. The service foregoing ordinance.
area outlined is a Comprehensive Code Enforcement area APPROVED AS TO FORM
and part of the CARE program. N.H.S. of South Buffalo 08/30/2004
continues to work in partnership with the residents, REFERRED TO THE COMMITTEE ON CIVIL SERVICE
businesses, local, state and federal officials to ensure the
redevelopment of Seneca Street is completed which gives NO. 176
the City confidence in their capacity to successfully manage BY: MS. RUSSELL
program delivery in a systematic approach. BUDGET AND PERSONNEL AMENDMENT
Now, Therefore, Be It Resolved: the Common Council of 03 - MAYOR
the City of Buffalo enthusiastically endorses the application 1501 - EXECUTIVE
for the Seneca Street Redevelopment Program and calls 1141 - HOMELAND SECURITY / EMERGENCY
upon the State of New York to give every consideration to The Common Council of the City Of Buffalo does ordain as
funding this very worthy submission to the
New York State follows:
program.
Main Street That part of Section I of Chapter 35 of the Code of the City of
ADOPTED Buffalo, relating to 03 - Mayor, 1501Executive, 1141-
Homeland Security / Emergency which currently reads:
NO. 174 10301001 Mayor - Executive
BY: MS. RUSSELL I Homeland Security Coordinator $ 70,000
BUDGET AND PERSONNEL AMENDMENT Is hereby amended to read:
01 - COMMON COUNCIL 1002 - LEGISLATIVE 10341001 Mayor - Homeland Security / Emergency
The Common Council of the City Of Buffalo does ordain as I Homeland Security Coordinator $ 80,000
follows: We, ANTHONY M. MASIELLO, MAYOR AND MICHAEL A.
That part of Section I of Chapter 35 of the Code of the City of SEAMAN DIRECTOR OF BUDGET, hereby certify that the
Buffalo, relating to 01 - Common Council, 1002- Legislative; above change is necessary for the proper conduct,
which currently reads: administration and performance of essential services of that
10102001 - Common Council - Legislative department. We recommend that the compensation for said
I Senior Legislative Assistant II $ 43,376 position be fixed at the respective amount set forth in the
Is hereby amended to read: foregoing ordinance.
10102001 - Common Council - Legislative APPROVED AS TO FORM
effective September 20, 2004 CORPORATION COUNSEL
1 Legislative Aide $ 30,258 09/01/2004
IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Charter, that the immediate passage of the foregoing
ordinance is necessary. NO. 177
We, CHARLES L MICHAUX III, CITY CLERK AND BY: MS. RUSSELL
MICHAEL A. SEAMAN DIRECTOR OF BUDGET, hereby BUDGET AND PERSONNEL AMENDMENT
certify that the above change is necessary for the proper 03 - MAYOR 1501 - EXECUTIVE
conduct, administration and performance of essential The Common Council of the City Of Buffalo does ordain as
services of that department. We recommend that the follows:
compensation for said position be fixed at the respective That part of Section I of Chapter 35 of the Code of the City of
amount set forth in the foregoing ordinance. Buffalo, relating to 03 - Mayor, 1501Executive, which
PASSED currently reads:
AYES - 9 NOES - 0 FROM:
10301001- 412002 $ 441
NO. 175 TO:
BY: MS. RUSSELL 10301001 -411001 $ 441
BUDGET AND PERSONNEL AMENDMENT 10301001 Mayor - Executive
03 - MAYOR 1501 - EXECUTIVE 1 Senior Typist $ 26,590 - $ 29,673 Is hereby amended to
21 - FIRE 1131 - ADMINISTRATIVE read:
FROM: 1 Senior Account Clerk Typist $ 26,861 - $ 30,114
12131001 -411001 $ 70,000 We, ANTHONY M. MASIELLO, MAYOR AND MICHAEL A.
TO: SEAMAN DIRECTOR OF BUDGET, hereby certify that the
10301001- 41100 $ 70,000 above change is necessary for the proper conduct,
The Common Council of the City Of Buffalo does ordain as administration and performance of essential services of that
follows: department. We recommend that the compensation for said
position be fixed at the respective amount set forth in the the extra 1% sales tax. In fact, Erie County annually
foregoing ordinance. requests the New York State Legislature to approve a one-
APPROVED AS TO FORM year extension of the I% sales tax, which has been done for
CORPORATION COUNSEL almost twenty years; and
08/30/2004 Whereas: It should also be noted that other large Cities in
REFERRED TO THE COMMITTEE ON CIVIL SERVICE other Counties in New York State receive a larger share of
their County's sales tax than Buffalo does. For example,
NO. 178 Rochester receives 23.7% and Syracuse receives 33.4%,
BY: MS. RUSSELL whereas Buffalo receives just 12.8%-, and
BUDGET AND PERSONNEL AMEP 14 Whereas: As cities, towns, and villages in Erie County have
65 - PERMITS & INSPECTIONS realized that they are being shortchanged, many have
1150 - HOUSING & INSPECTONS pleaded with Erie County to begin sharing the extra I% fairly
1151 - PERMITS within the County, and
The Common Council of the City Of Buffalo does ordain as Whereas: Each individual municipality within Erie County
follows: have suffered their own budgetary highs and lows over the
That part of Section I of Chapter 35 of the Code of the City of almost twenty years this additional 1% sales tax has been in
Buffalo, relating to 65 - Permits & Inspections, I -
1 50 existence. For Buffalo alone, had the sharing of the extra
Housing & Inspections, I 1 51 - Permits, which currently penny been done, the City according to the City
reads: Comptrollers office would have realized 20 million dollars in
16550001 - Housing & Inspections additional revenue this year; and
39 Building Inspector $ 39,499 - $ 45,696 Whereas: With $20 million in additional revenue. it would not
16551001 - Permits have been necessary for the city to borrow $19 million from
1 Senior Stenographer $ 26,861 - $ 30,114 the Control Board this year- and
Is hereby amended to read: Whereas: Buffalo's fiscal recovery and future depends
16550001 - Housing & Inspections greatly on generating new sources of revenue. The proper
38 Building Inspector $ 39,499 - $ 45,696 1 Director sharing of the extra I% sales tax penny could get Buffalo and
of the Mayor's Task Force on Housing $ 44,431 the entire County moving forward again:
16551001 - Permits Now, Therefore, Be It Resolved:
1 Data Control Clerk $ 27,648 - $ 31,153 That the Common Council of the City of Buffalo does hereby
IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the direct the City's Corporation Counsel to file a lawsuit against
Charter, that the immediate passage of the foregoing Erie County and New York State for the sales tax money due
ordinance is necessary. the City of Buffalo, since the mid 1980's, when Erie County's
We, RAYMOND K. MC GURN, COMMISSIONER OF debt at that time, was paid off, and
PERMITS & INSPECTIONS AND MICHAEL A. SEAMAN Now. Therefore. Be It Further Resolved:
DIRECTOR OF BUDGET, hereby certify that the above That this Honorable Body does hereby direct the Corporation
change is necessary for the proper conduct, administration Counsel's Office to file updates. on a quarterly basis, as to
and performance of essential services of that department. the status of the lawsuit.
We recommend that the compensation for said position be REFERRED TO THE COMMITTEE ON BUDGET AND THE
fixed at the respective amount set forth in the foregoing CORPORATION COUNSEL
ordinance.
APPROVED AS TO FORM NO. 180
CORPORATION COUNSEL BY: ANTOINE M. THOMPSON
08/30/2004 Attachment APPOINTMENTS
PASSED COMMISSIONER OF DEEDS
AYES - 9 NOES - 0 That the following persons are hereby appointed as
AYES – BONIFACIO, COPPOLA, DAVIS, FONTANA, Commissioner of Deeds for the term ending December 31,
FRANCZYK, GOLOMBEK, RUSSELL, THOMPSON – 8 2004, conditional, upon the person so appointed certifying
NOES – GRIFFIN – 1 under oath to their qualifications and filing same with the City
Clerk:
NO. 179 Genevieue Camacho Janet Jarzyniecki
BY: MR. THOMPSON Erin McPartlan Kimberly Harzynski
DIRECT CORPORATION COUNSEL TO COMMENCE Donald Oakley
LEGAL ACTION REGARDING THE 1% SALES TAX Total: 5
OWED TO THE CITY OF BUFFALO ADOPTED
Whereas: The City of Buffalo is the urban core of Erie
County and the vitality of the City is central to the health of NO. 181
Erie County and Western New York; and BY: ANTOINE M. THOMPSON
Whereas: In the mid 1980's, in the midst of a fiscal crisis. the APPOINTMENTS
County of Erie approached the City of Buffalo for support in COMMISSIONERS OF DEEDS
asking the NYS Legislature to impose a temporary one REQUIRED FOR THE PROPER
percent., (1%), sales tax, with the revenues from the tax to PERFORMANCE OF PUBLIC DUTIES
be used to pay down the County's debt-, and That the following persons are hereby appointed as
Whereas: New York- State retains 4.25% of the 8.25% sales Commissioner of Deeds for The term ending December 31,
tax charged in Erie County, while 3% is shared on an 2004, conditional upon the persons so appointed certifying
equitable basis among local governments, including cities, under oath to their qualifications and filing same with the
towns, villages and school districts. Erie County keeps the Jacqueline Keeys-Holston Leonard Matarese
remaining temporary 1% without sharing it on an equitable Cathy Noguera
basis among local governments, and Total 3
Whereas: Within two years, the fiscal crisis Erie County had ADOPTED
been facing was over, however Erie County did not eliminate
NO. 182
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held
in the Common Council Chambers, IP floor City Hall, Buffalo,
New York, unless otherwise noted.
Regular Committees
Committee on Claims Thursday, Sept. 9, 2004 at I 1:00
o'clock A.M.
Committee on Civil Service Tuesday, Sept. 14, 2004 at 9:30
o'clock A.M.
Committee on Finance Tuesday, Sept. 14, 2004 at 10:00
o'clock A.M. following Civil Service
Committee on Legislation Tuesday, Sept. 14, 2004 at 2:00
o'clock P.M.
Committee on Comm. Dev. Wednesday, Sept. 15, 2004 at
10:30 o'clock A.M.
Special Committees
Special Legislation Comm.
Thursday,Sept.9,2004atlO:00o'clockA.M.in Room 1417 City
Hall on Permit Fees
Budget Committee Thursday, Sept. 9, 2004 at 1:00 o'clock
P.M. in Room 1417 City Hall.
Bi-National Bridge Thursday, Sept. 9, 2004 at 2:30 o'clock
P.M. in Room 1417 City Hall on a Special Presentation by
the Ambassador Bridge Group.
MBEC Monday, Sept. 13, 2004 at I 0:00 o'clock A.M. in
Room 1417 City Hall.
Education Committee Wednesday, Sept. 29, 2004 at 2:00
o'clock P. M. in Council Chambers.
Spec. Leg. Comm. Thursday, Sept. 16, 2004 at 9:30
o'clock A.M. in Room 1417 City Hall on Budget & Dog
Control at the Animal Shelter.
Spec. Leg. Comm. Thursday, Sept. 16, 2004 at I 1:00
o'clock A.M. in Room 1417 City Hall on the "Red Helmets".
Spec. Fin. Comm. Thursday, Sept. 16, 2004 at 6:00 o'clock
P.M. in Council Chambers on Unsolved Homicides in COB.
(Public Disclaimer): All meetings are subject to change and
cancellation by the respective Chairmen of Council
Committees. In the event that there is sufficient time given
for notification, it will be provided. In addition, there may be
meetings set up whereby the City Clerk's Office is not made
aware; therefore, unless we receive notice from the
respective Chairmen, we can onlv make notification of what
we are made aware.
NO. 183
ADJOURNMENT
On a motion by Mr. Coppola, Seconded by Mrs. Russell, the
Council adjourned at 4:00 pm
CHARLES L. MICHAUX, III
CITY CLERK