HomeMy WebLinkAbout04-0622-0618ss
No.( 13)
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
JUNE 22, 2004
SPECIAL SESSION
JUNE 18, 2004
PENSION PROCEEDINGS
JUNE 17, 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
REFERRED TO THE COMMITTEE ON LEGISLATION,
CORPORATION COUNSEL AND DIVISION OF
COMMON COUNCIL COLLECTIONS.
FROM THE MAYOR - EXECUTIVE
CITY HALL - BUFFALO
TUESDAY, JUNE 22, 2004
DEPARTMENT
AT 2:00 P.M.
FROM THE OFFICE OF CITIZEN SERVICES
NO. 3
PRESENT – David A. Franczyk, President of the
MONTHLY REPORT FROM THE DIVISION OF CITIZEN
Council, and and Council Members Bonifacio, Coppola,
SERVICES-MAY 2004
Davis, Fontana, Golombek, Griffin, Russell and
DEAR MEMBERS OF THE BUFFALO COMMON
Thompson – 9.
COUNCIL:
FROM THE MAYOR - EXECUTIVE DEPARTMENT
ABSENT - None.
FROM THE OFFICE OF CITIZEN SERVICES
NO. 3
On a motion by Mr. Coppola seconded by
MONTHLY REPORT FROM THE DIVISION OF CITIZEN
Mr.Fontana, the minutes of the stated meeting held on
SERVICES-MAY 2004
June 8, 2004 were approved.
DEAR MEMBERS OF THE BUFFALO COMMON
COUNCIL:
FROM THE MAYOR
Attached for your review is the following: (1) chart of service
FROM THE MAYOR
calls for May 2004, (2) chart of service calls for May 2003-for
NO. 1
comparative purposes, (3) chart of open calls for April 2004-
APPOINTMENT OF MEMBER TO THE
30 days response period, and (4) charts of open calls for
BUFFALO ENVIRONMENTAL MANAGEMENT
March 2004-30 days & 60 day
COMMISSION
response periods.
Pursuant to the powers vested in me by Section 18-51 of the
Reviewing the charts that make up this monthly report,
Charter of the City of Buffalo, as amended, I hereby appoint
reveals that two service categories present the greatest
the following individual as a member of the Buffalo
challenges in resolving citizen complaints/service requests-
Environmental Management Commission for a term
Housing
commencing immediately and will expire February 16, 2005.
Violations and Garbage Tote Requests.
Appointment
We made considerable improvement in April's inspection
Kevin M. Matheis 156 Prospect Avenue Buffalo,
requests, closing out 66% of the 444 requests, compared to
14201
the 53% close out rate for the March 2004 inspection
Kevin Matheis is currently a On Scene
requests.
Coordinator/Environmental Scientist for the U.S. EPA
The reason for the improvement was that significant time
Region 2 Buffalo Field Office, a position he has held since
was spent by Citizen Services in cross checking the
1990. He previously served as a Field Analyst with CWM
inspection requests with data already entered into the
Chemical Services located in Model City, NY.
Hansen system by Permits and Inspections. The balance of
Mr. Matheis received his B.S. degree in Geosciences from
the open inspection requests are being sent, in paper form,
the State University College at Buffalo.
to Permits and Inspections, to be closed out manually.
Mr. Matheis is being appointed to fill the vacancy created by
The garbage tote related requests, are still dependent upon
the resignation of Cynthia A. Schwartz.
the delivery of new 95-gallon totes. Until such time that the
I hereby certify that the above named individual is fully
delivery occurs, 95-gallon tote requests are being filled with
qualified for appointment to the Buffalo Environmental
recovered totes.
Management Commission.
As always, I hope that you will find this information helpful,
REFERRED TO THE COMMITTEE ON LEGISLATION,
and if you have any questions or concerns, I can be reached
CORPORATION COUNSEL AND DIVISION OF
at 851-5307.
COLLECTIONS.
Sincerely
RECEIVED AND FILED
NO. 2
APPOINTMENT OF MEMBER
NO. 4
TO THE EXAMINING BOARD OF ELECTRICIANS
BUFFALO WEED AND SEED COMMUNITY SERVICE
Pursuant to the powers vested in me in Part 11, Chapter
GRANT
165, Article 1, Section 3 of the Code of the City of Buffalo, I
This is to advise the Honorable Common Council the funds
hereby appoint the following for a term commencing
for Buffalo Weed and Seed Community Service Grant, in the
immediately and expiring on December 31, 2007, subject to
amount of $53,395.00 has been sub granted to the City of
approval by Your Honorable Body.
Buffalo Weed and Seed from the Buffalo Board of Education.
Michael J. McLaughlin 453 Richmond Ave.
This grant will allow Buffalo Weed and Seed and their
Buffalo, NY 14222
partners to provide an opportunity for young people, who are
Mr. McLaughlin has been the owner and operator of MJM
suspended from school for fifteen (I 5) days or more, to
Electric Co. since 1994. A licensed master electrician since
make a serious contribution to the City of Buffalo by
1995, Mr. McLaughlin has been associated with other area
engaging them in community service projects that foster
electrical businesses such as Weydman Electric Inc. and
developmental assets, help them make constructive use of
Deltex Electric.
their time, and encourage them to become responsible
Mr. McLaughlin is being appointed to a vacancy created by
citizens.
the resignation of Michael Griffin.
The Buffalo Weed and Seed Community Service Grant will
I hereby certify that the above named individual is fully
focus on the needs of the communities where the suspended
qualified to serve as members of the Examining Board of
students will provide a variety of community services, which
Electricians.
will stem from the four core areas of service which include:
1) neighborhood and park restoration; 2) outreach to the one half story house was acquired by the City of Buffalo
elderly and disabled; 3) community asset mapping; and 4) through a tax foreclosure in August 2000, situate on a lot 30'
community-based volunteerism. Students will have an x 1 1 O'.
active involvement in the selection of their community The Division of Permit and Inspection Services and the
service activities. The service program will be designed to Division of Collections have no objections to the sale. There
provide the students with meaningful and structured are no building code violations, taxes or other liens owed to
activities to keep them engaged during their absence from the City of Buffalo by the purchaser.
regular school, to help them avoid negative behavior and The Division of Real Estate has investigated the sale of
allow them to experience, first hand, the value of service to similar two family houses in the subject area. Sales prices
others and their communities. range from two dollars and eight cents ($2.08) to two dollars
Effective, this year, an interfund cash loan will no longer be and fifty cents ($2.50), per square foot of living area.
available for this grant. Money will be drawn down as The results of our negotiations are that Mr. Raymond Moss
expenses are incurred and invoices will be paid, as the funds has agreed and is prepared to pay two thousand five
become available. hundred dollars ($2,500), two dollars and fifty cents ($2.50)
These funds will be used to conform to the guidelines of the per square foot, for the subject property, He has also agreed
grant specified by the Buffalo Board of Education. to pay for the cost of the transfer tax, recording fees and cost
REFERRED TO THE COMMITTEE ON COMMUNITY of the legal description.
DEVELOPMENT I am recommending that Your Honorable Body approve the
sale of 136 Wende to Mr. Raymond Moss in the amount of
FROM THE BOARD OF PARKING two thousand five hundred dollars ($2,500). 1 am further
NO. 5 recommending that the Corporation Counsel prepare the
CONSULTANT AGREEMENT necessary documents for the transfer of title and that the
BETWEEN THE BOARD OF PARKING Mayor be authorized to execute the same,
AND THOMAS A. GALLAGHER Mr, Coppola Moved:
Per the request of the members of the Finance Committee, That the above communication from the Office of Strategic
attached please find a copy of the above stated agreement. Planning, Division of Real Estate, dated June 16, 2004, be
REFERRED TO THE COMMITTEE ON FINANCE received and filed; and
That the offer from Mr. Raymond Moss, residing at 160
NO. 6 Wende Street, in the sum of two thousand and five hundred
RESULTS OF BID dollars ($2,500.00) for the purchase of 136 Wende Street, be
AUD LOTS 1, 2 & 3 and hereby is accepted; and
The existing one year lease for the above stated lots is set That the appraisal requested by the City of Buffalo shall be
to expire July 1, 2004 (annual rental ($30,000). The Board paid by the purchaser; and
of Parking advertised for anew one year lease on May 22, That the transfer tax, recording fees and cost of legal
2004 and held a public bid opening in 1801 City Hall at I 1:00 description shall be paid by the purchaser; and
a.m. on June 16, 2004. The results are as follows: That the Corporation Counsel be authorized to prepare the
BIDDER ANNUAL RENTAL necessary documents for the transfer of title and that the
Standard Parking Mayor be authorized to execute the same, in accordance
125 Carlton Street with the terms of sale upon which the offer was submitted.
Buffalo, NY 14203 $ 28,500 PASSED
AYES - 9 NOES - 0
Pro Park LLC
465 Main St. - Suite 150 FROM THE COMPTROLLER
Buffalo, NY 14203 $ 27,115 NO. 8
2004-B & C BOND SALE
Allright NY Parking Inc. CITY OF BUFFALO- $15,245,000
107 Delaware Ave - Suite One BUFFALO BOARD OF EDUCATION- $2,700,000
Buffalo, NY 14202 $ 7,000 2004-B & C Project list for Bonds Sold June 2004
At this time we recommend that a one year lease be 1.Main Street Reconstruction $1,500,000
awarded to Standard Parking, as the highest responsible 2, Signal Improvements 250,000
bidder, with an annual rental of $28,500 3.- South Park Lift Bridge 750,000
REFERRED TO THE COMMITTEE ON FINANCE 4.- CityWide Tree Trimming & Improvement 1,000,000
FROM THE OFFICE OF STRATEGIC PLANNING 5.- HOPE VI Infrastructure Improvement 600,000
FROM THE OFFICE OF STRATEGIC PLANNING 6.- CityWide Infrastructure Improvement 2,000,000
NO. 7 7.- CityWide Neighborhood Develop. & Clearance
RESULTS OF NEGOTIATIONS 500,000
136 WENDE, 275.84'S SCAJAQUADA 8.- CityWide Parks & Playgrounds Improvement
VACANT LOT: 30' X 1 1 O' 300,000
ASSESSED VALUATION: 9.- Cazenovia Slope Walls 2,000,000
LAND $ 2,600 10.-Conversion Fredrick Douglass Towers 1,400,000
TOTAL $ 5,000 (LOVEJOY) 1 1.-CityWide Neighborhood Develop.& Clearance
The Office of Strategic Planning, Division of Real Estate 3,000,000
has received a request to purchase 136 Wende from Mr. 12.-City Hall restoration 1,500,000
Raymond Moss, 160 Wende Street, Buffalo, New York. Mr. 13.-Jefferson Library 100,000
Moss owns a one family house at 160 Wende Street. He 14.-Fire Facility-Condition Assessment 120,000
intends to purchase 136 Wende, bring this two family house 15.-Firehouse reconstruction-Main/Mercer 75,000
into code compliance and use as rental income. 16.-Firehouse new construction- Bailey/Genesee
The purchaser has provided the Division of Real Estate with 150,000
a plan to rehabilitate the house and proof of financial ability 17- Reconstruction-Various Schools (BOE) 1,500,000
to complete the purchase and make repairs. This two and
18.-Oil Tank replacement-Various Schools (BOE) your response could be facilitated by responses to the
1,200,000 following set of questions in lieu of the written response that
TOTALSALE 17,945,000 both branches of government need to fulfill their
REFERRED TO THE COMMITTEE ON FINANCE responsibilities.
You concur with the findings on the specific individuals yes..
NO. 9 no- with specific reservations The practice of hiring
CERTIFICATE OF NECESALTY consultants who do not pass the IRS guidelines for "control"
TRANSFER OF FUNDS has been stopped yes.. no with specific reservations
END OF YEAR TRANSFERS (parenthetically, one consultant remains at BERC who is
We, Anthony M. Masiello, Mayor and Andrew A. listed in this audit, although a follow-up review of subsequent
SanFilippo, Comptroller, do hereby certify, pursuant to Board agendas since 2002 to the present not include new 44
§20-12 of the Charter, that it is necessary that the sum of consultants.")
$272,931.00 be transferred and reappropriated among There is a process installed at the development companies
various accounts, as set forth below: (BURA, BERC, and BNRQ that precludes such contracts.
From: The City has a review process that includes the Corporation
17301001 - 411002 Duty Disability $130,000.00 Counsel's Office, Civil Service and the Audit & Control area.
17301002 - 421003 Group Life Insurance $ 85,000.00 yes no with specific reservations
17303002 - 423003 Police Pension $ 34,000.00 Kindly sign off on this letter so that we may file the response,
17303002 - 423004 Fire Pension $ 23,931.00 or reply directly to the Comptroller's Office and the Council.
To: Respectfully,
10871006 - 443400 Maintenance Contracts $ 23,350.00 Frank A. Belliotti
11 412001 - 41 1 001 Salaries -Regular $ 32,176.00 City Auditor/Deputy Comptroller
11412001 -413001 Overtime $ 43,405.00 REFERRED TO THE COMMITTEE ON FINANCE
11 781005 - 462600 Gas & Lube $174,000.00
Dated: Buffalo, NY, June 8, 2004 NO. 11
RECEIVED AND FILED CERTIFICATE OF APPOINTMENT
NO. 10 Appointment Effective: June 10, 2004 In the Department
CONTRACT PERSONNEL AUDIT of: Audit and Control Division of: Audit to the Position of:
NO REPLY TO AUDIT & CONTROL Principal Auditor, Temporary Appointment at the
NOR TO THE COMMON COUNCIL Intermediate starting salary of $51,824
NO. 10 Mark D. Bidell, 39 Janet, Buffalo, NY 14215
CONTRACT PERSONNEL AUDIT REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO REPLY TO AUDIT & CONTROL
NOR TO THE COMMON COUNCIL FROM THE COMMISSIONER OF PUBLIC WORKS,
The Department of Audit and Control issued an audit of PARKS AND STREETS
Contract Personnel in the following entities: Buffalo Urban NO. 12
Renewal Agency (BURA) Buffalo Economic Redevelopment NOTIFICATION SERIAL #9945
Corp. (BERC) Buffalo neighborhood Revitalization Corp REPEAL NO PARKING
(BNRC) ON JEFFERSON AVENUE, WEST SIDE BETWEEN A
No written reply has ever been received. The following POINT 15 FEET NORTH OF THE ENTRANCE TO 896
correspondence was sent to the Executive Director. He has JEFFERSON AND A POINT 15 FEET SOUTH OF THE
not responded. ENTRANCE TO 896 JEFFERSON
May 27, 2004 NO PARKING -REPEAL
Mr. Timothy Wanamaker In conformity with Section 49 of Chapter 479 of the
Executive Director, O.S.P. Ordinances of the City of Buffalo, the City Engineer hereby
President, Buffalo Economic Renaissance Corp. (BERC) & notifies Your Honorable Body of this action supplementing,
Buffalo Neighborhood Revitalization Corp. (BNRC) Vice amending, or repealing existing provisions of Chapter 479 of
Chair, Buffalo Urban Renewal Agency (BURA) Room 901 the Ordinances, as stated below, to be effective forty five
City Hall days after the first Council meeting at which they appear on
Buffalo, NY 14202 the agenda as an item business.
Dear Mr. Wanamaker: That that part of Subdivision 24 Section 15 of Chapter 479 of
Re: Audit Reply Required under City Charter Ordinances of the City of Buffalo be supplemented by
I have a specific request from the Common Council to elicit repealing therefrom the following: NO PARKING
your audit response. The audit in question is of course the PROHIBITED PORTION OF HIGHWAY PROHIBITED
2002 Audit of Contract Personnel wherein the Comptroller's PERIOD
Office reported that "over 60 individuals in the three Jefferson Avenue, west side between At all times
development companies that you now oversee, were de-a point 15 feet north of the
facto employees, not independent contractors. centerline extended of the entrance of
Both the Council and the Comptroller's Department are 896 Jefferson and a point 30 feet south therefrom
aware that you were not in your current position during the This action is being taken at the request of the Ellicott
audit period, but you currently hold these positions and the District Councilmember.
future practices are your responsibility.
In your appearances before the Common Council you stated RECEIVED AND FILED WAIVE 45 DAYS
that you agreed with the audit and have not used contract
personnel, except in relatively few cases. NO. 13
The Council and Charter process requires written responses REPORT OF BIDS
and in this case there is a presumption of change in TRAFFIC SIGNAL COMPONENTS
procedures. The Department of Administration and Finance, Division of
The Council members have left this item open on their Purchase received and opened public bids for traffic signal
agenda for an inordinate amount of timeI would propose that components on Wednesday, February 11, 2004 as follows:
Traffic Signal Controllers LED Pedestrian Lights Hennepin Street. (See attached BURA Item 3A of June 10,
Northeast Signal, Inc. (6) Peek Model #3900E - 8PG 2004.)
No Bid Mr. Coppola Moved:
P.O. Box 309 @ $6,650.00 each = $39,900 That the above communication from the Commissioner of
Elbridge, NY 13060 Public Works, Parks and Streets dated June 16, 2004, be
Traffic Parts, Inc. No Bid (20) - 12" received and filed; and
LED Pedestrian Hand That the Comptroller be, and he hereby is authorized to
Man $184.50 each = transfer of CDBG Funds in the amount of $19,102.08 from
$3,690.00 CDBG Account #27-03200 to the Department of Public
P.O. Box 837 Signals @ Works, Parks and Streets Capital Account #30032106 for
Spring, TX 77383 partial funding of a new sidewalk on the south side of
Based on the bids received I hereby recommend that Your Hennepin Street.
Honorable Body authorize Purchase contracts to Northeast PASSED
Signal, Inc. in the amount of $39,900.00 for traffic signal AYES - 9 NOES - 0
controllers and Traffic Parts, Inc. in the amount of $3,690.00
for LED Pedestrian Lights. Funds for this purchase are NO. 16
available in our Capital Project Account #35310206. BLOCK GRANT FUND TRANSFER
Mr. Coppola Moved: LOVEJOY SIDEWALKS AND CURBS
That the above communication from the Commissioner of (LOVEJOY)
Public Works, Parks and Streets dated June 17, 2004, be I hereby request that Your Honorable Body authorize a
received and filed; and transfer of CDBG Funds in the amount of $108,746.84 from
That the Commissioner of Administration and Finance, CDBG Account #29-03200 to our Capital Account
Division of Purchase be, #30032106 for partial funding of new sidewalks and curbs on
and he hereby is authorized to award a contract for Traffic the Vanderbilt and Luddington Streets. (See attached BURA
Signal Components, to Item 3B of April 8, 2004.)
Northeast Signal, Inc., the lowest responsible bidder in the Mr. Coppola moved:
amount of $3,690.00 for LED That the above communication from the Commissioner of
Pedestrian Lights. Funds for the purchase are available in Public Works, Parks and Streets dated June 16, 2004, be
Capital Project Account #35310206. received and filed; and
PASSED That the Comptroller be, and he hereby is authorized to
AYES - 9 NOES - 0 transfer of CDBG Funds in the amount of $108,746.84 from
CDBG Account #29-03200 to the Department of Public
NO. 14 Works, Parks and Streets Capital Account #30032106 for
BOND CANCELLATION. partial funding of a new sidewalks and curbs on the
71 SYMPHONY CIRCLE Vanderbilt and Luddington Streets.
(NIAGARA DISTRICT) PASSED
It is hereby certified that the bond described below be AYES - 9 NOES - 0
cancelled:
Principal: Buffalo Philharmonic Orchestra Society. NO. 17
Inc. CHANGE IN CONTRACT
Surety: Firemans Insurance Company of Newark, CAZENOVIA POOL
New Jersey REHABILITATION
Amount: $5,000.00 JOB #0329
Structure: 3 Conduits SOUTH DISTRICT
Location: 71 Symphony Circle on Porter Avenue I hereby submit to Your Honorable Body the following
This bond is no longer necessary due to the fact the changes for Cazenovia Pool, Rehabilitation,
encroachment is no longer in use. The above captioned The Peyton Barlow Co., Inc., C #92010843.
bond should be deemed released and cancelled as to future 1. Recommended door closes/hold opens for the double
liability in accordance ,with the provisions of the City FRP doors. Add $ 2,040.00
Ordinances. 2. (4) slide bolt replacements from plain steel to stainless.
Mr. Coppola Moved: Add $ 115.00
That the above communication from the Commissioner of The foregoing change results in a net increase in the
Public Works dated contract of Two Thousand One Hundred Fifty
June 17, 2004 be received and filed; and Five and 00/100 Dollars ($2,155.00).
That the Commissioner of Public Works, Parks & Streets be, Summary:CurrentContractAmount $ 76,504.00
and he hereby is authorized to cancel the above described Amount of This Change Order (#3) Add $ 2,155.00
bond with Buffalo Philharmonic Orchestra Society, Inc. in the Revised Contract Amount $ 78,659.00
amount of $5,000-00 for 71 Symphony Circle. Costs have been reviewed by the Department of Public
PASSED Works, Parks & Streets and were found to be fair and
AYES - 9 NOES - 0 equitable. Funds for this work are available in 36400106
4451 00 - Division of Buildings.
NO. 15 I request that Your Honorable Body authorize the
BLOCK GRANT FUND TRANSFER Commissioner of Public Works, Parks & Streets to issue a
HENNEPIN STREET SIDEWALK change order to the contractor as set forth above.
(LOVEJOY) Mr. Coppola Moved:
I hereby request that Your Honorable Body authorize a That the above communication from the Commissioner of
transfer of CDBG the amount of $19,102.08 from CDBG Public Works, Parks and Streets dated June 22, 2004, be
Account #27-03200 to our Capital Account #30032106 for received and filed; and
partial funding of a new sidewalk on the South side of That the Commissioner of Public Works, Parks and Streets
be, and he hereby is authorized to issue change order No. 3,
to The Peyton Barlow Co., Inc., an increase in the amount of authorize the Commissioner of Public Works, Parks &
$2,155.00, as more fully described in the above Streets to issue said change order to John W. Danforth
communication, for work relating to Job No. 0329, Company. Permission is requested from Your Honorable
Cazenovia Pool, Rehabilitation, C #92010843. Funds for Body to authorize the increase in contract as stated above.
this project are available in 36400106 445 1 00 - Division of Mr. Coppola Moved:
Buildings. That the above communication from the Commissioner of
PASSED Public Works, Parks and Streets dated June 22, 2004, be
AYES - 9 NOES - 0 received and filed; and
That the Commissioner of Public Works, Parks and Streets
NO. 18 be, and he hereby is
CHANGE IN CONTRACT authorized to issue a change order, to John W. Danforth
CLOVER CONSTRUCTION MANAGEMENT, INC. Company, an increase in the amount of
CONTRACT #9201OB16 $30,562.40, as more fully described in the above
DELAWARE DISTRICT communication, for work relating to installation
I hereby submit to Your Honorable Body the following of ten (10) additional large meters (3" and up), C #92010760.
change order for this contract. This change order is Funds for this project are available in Division of Water
necessary to fund the additional work required on the New account 53180666.
Amsterdam waterline installation project to meet fire flow PASSED
requirements. The following items are required: AYES - 9 NOES - 0
Item 1. Unknown feld condition - saw cut and remove
old roadway located 2 feet below grade that NO. 20
interfered with new waterline installation: CHANGE IN CONTRACT
$2,908.25 C. DESTRO DEVELOPMENT
Item 2. Remove/replace electric pole to accommodate CONTRACT #92010855
waterline connections to existing facilities: $2,680.00. ELLICOTT DISTRICT
Contract Amount: $58,015.25 I hereby submit to Your Honorable Body the following
This Change Order: $ 5,588.00 change order for this contract. This change order is
Total Contract $63,603.25 necessary to allow the final restoration of Mighigan Avenue
Funds are available in a Division of Water account resulting from the ruptured 3611 waterline. The cost are
(53180636) shown below:
I respectfully certify that this change order is fair and AVAILABLE FOR REVIEW IN THE CITY CLERK’S OFFICE
equitable for the work involved, and respectfully request that Contract Amount: $111,876.00
Your Honorable Body approve the subject change order and This Change Order: $ 32,092.91
authorize the Commissioner of Public Works, Parks & Total Contract $143,968.91
Streets to issue said change order to Clover Construction Funds are available in a Division of Water account
Management, Inc.. Permission is requested from Your (53180636)
Honorable Body to authorize the increase in contract as I respectfully certify that this change order is fair and
stated above. equitable for the work involved, and respectfully request that
Mr, Coppola Moved: Your Honorable Body approve the subject change order and
That the above communication from the Commissioner of authorize the Commissioner of Public Works, Parks &
Public Works, Parks and Streets dated June 22, 2004, be Streets to issue said change order to C. Destro
received and filed; and Development. Permission is requested from Your Honorable
That the Commissioner of Public Works, Parks and Streets Body to authorize the increase in contract as stated above.
be, and he hereby is authorized to issue a change order, to Mr. Coppola moved:
Clover Construction Management, Inc., an increase in the That the above communication from the Commissioner of
amount of $5,588.00, as more fally described in the above Public Works, Parks and Streets dated June 22, 2004, be
communication, for work relating to New Amsterdam received and filed; and
waterline installation, C #92010816. Funds for this project That the Commissioner of Public Works, Parks and Streets
are available in Division of Water account 53180636. be, and he hereby is authorized to issue a change order, to
PASSED C. Destro Development, an increase in the amount of
AYES - 9 NOES - 0 $32,092.9 1, as more fully described in the above
communication, for restoration of Michigan Avenue resulting
NO. 19 from the ruptured 36" waterline, C #92010855. Funds for
CHANGE IN CONTRACT this project are available in Division of Water account
JOHN W. DANFORTH COMPANY 53180636.
CONTRACT #92010760 PASSED
CITY WIDE AYES - 9 NOES - 0
I hereby submit to Your Honorable Body the following
change order for this contract. This change order is NO. 21
necessary to allow extension of the contract unit items to INCREASE IN CONTRACT FOR LOVEJOY DISTRICT
facilitate the installation of ten (10) additional large meters CITY-WIDE SIDEWALK REPLACEMENT - 2004 GROUP
(31 and up). #624, P & J CONSTRUCTION CO., INC. CONTRACT
Contract Amount: $682,719.00 #92010872
This Change Order: $ 30,562.40 I hereby submit to our Honorable Body the following unit
Total Contract $713,281.40 price additions to the contract for the above named Project.
Funds are available in a Division of Water account This change order was necessary to replace sidewalk in the
(53180666) vicinity of Hennepin Community Center on the south side of
I respectfully certify that this change order is fair and Hennepin Street between Bailey to Greene utilizing block
equitable for the work involved, and respectfully request that grant funds.
Your Honorable Body approve the subject change order and Change order quantities are as follows:
Contract unit Estimated Estimated PASSED
Item Description Price Quantity Cost AYES - 9 NOES - 0
R05.204SidewalkRepl.S2.90/sq.ft.6,586.92 $19,102.07
Contract Summary NO. 23
Existing Contract Amount $900,785.00 INTERMUNICIPAL COOPERATIVE AGREEMENT -
Amount of this change $19,102.07 OPERATION OF EAST SIDE TRANSFER STATION
Revised Contract Amount $919,887.07 BY COUNTY OF ERIE
BURA has approved a transfer of funds for this work at their In accordance with the conditions of the Intermunicipal
regular meeting of June 10, 2004, Item 3A and permission is Cooperative Agreement between the City of Buffalo and the
requested to deposit these funds in our Capital Projects County of Erie for the operation of the East Side Transfer
Account 430032106 and or a future account established Station, the County of Erie has offered to extend the term of
after the bond sale of June 2004. the agreement for a one-year term commencing July 1,
1 respectfully certify that this change order is fair and 2004. This extension is conditioned upon our agreeing to
equitable for the work involved, and respectfully request that allow Erie County to increase the charge to non-account
your Honorable Body approve the subject Change order and cash customers from $40.00 to $45.00/ton, and to decrease
authorize the Commissioner of Public Works to issue said the charge for construction and demolition debris from
change order to P & J Construction Co., Inc. $55.00 to $45.00/ton.
Mr. Coppola Moved: I recommend the acceptance of this renewal agreement and
That the above communication from the Commissioner of request that the Common Council authorize the
Public Works, Parks and Streets dated June 17, 2004, be Commissioner of Public Works, Parks and Streets to enter
received and filed; and into this extension.
That the Commissioner of Public Works, Parks and Streets Mr. Coppola Moved:
be, and he hereby is authorized to issue a change order, to That the above communication from the Commissioner of
P & J Construction Co., Inc., an increase in the amount of Public Works, Parks and Streets dated June 14, 2004, be
$19,102.07, as more fully described in the above received and filed; and
communication, for replacement sidewalk in the vicinity of That the Commissioner of Public Works, Parks and Streets
Hennepin Community Center, C #92010872. Funds for this be, and he hereby is authorized to enter into an extension of
project are available in the Intermunicipal Cooperative Agreement between the City
Capital Projects Account 30032106. of Buffalo and the County of Erie for the operation of the
PASSED East Side Transfer Station, the County of Erie has offered to
AYES - 9 NOES - 0 extend the term of the agreement for a one-year term
commencing July 1, 2004 with conditions as listed in the
NO. 22 above communication.
INCREASE IN CONTRACT PASSED
UNDERGROUND STORAGE TANK REMOVAL AYES - 9 NOES - 0
560 WALDEN AVENUE
GENERAL CONTRACT NO. 92010824 NO. 24
(FILLMORE) MCKINLEY PARKWAY STREET LIGHTING
During the removal of the underground fuel storage tanks REPLACEMENT
at 560 Walden Avenue there was additional contamination GROUP #628
that needed to be removed which created a need for SOUTH DISTRICT
additional surface paving to complete the project. Therefore, This is to advise your Honorable Body that I have
we recommend that the following changes be made to advertised for and received public bids on June 9,
Contract No. 92010824, with Nature's Way Environmental 2004 for the project referenced above.
Consultants & Contractors, Inc. The following bids were received:
Add all labor, trucking and disposal fees for the removal of: Contractor Total Bid Price
1,236 additional square feet 1Ferguson Electric $235,500.00
of asphalt surface completion Add $ 5,562.20 333 Ellicott Street
SUMMARY: Buffalo, New York 14203
Existing Contract Amount $63,912.05 2.SpothEnterprisesInc. $237,800.00
This Increase $ 5,562.20 New Contract Amount $69,474.05 8746 Lakeshore Road
The project Engineer, Benchmark Environmental Angola, New York 14006
Engineering & Science, PLLC has reviewed and 3.O'ConnellElectricCorp. $253,488.00
recommended these changes and costs. Funds are 411 Ludington St.
available in Bond Account 36030306. Buffalo, NY 14206
I recommend that Your Honorable Body authorize the 4.Tunney Electric $266,240.00
Commissioner of Public Works, Parks and Streets to issue a 2650 Seneca St.
change order to Nature's Way as outlined above. W. Seneca, NY 14224
Mr. Coppola moved: I hereby certify that the lowest responsible bidder for the
That the above communication from the Commissioner of above project is Ferguson Electric and I respectfully
Public Works, Parks and Streets dated June 16, 2004, be recommend that Your Honorable Body authorize a contract
received and filed; and award to Ferguson Electric in the amount of $259,050-00
That the Commissioner of Public Works, Parks and Streets (Base Bid of $ 235,500.00 + [ 1 0% unit price increase ] $
be, and he hereby is authorized to issue a change order, to 23,550.00 = [total award] $ 259,050.00). The engineers
Nature's Way Environmental Consultants & Contractors, estimate for this work is $ 250,000.00 and funds are
Inc., an increase in the amount of $5,562.20, as more fully available in Capital Project Accounts #30032106 and
described in the above communication, for surfacing paving #30007806.
for Underground Storage Tank Removal at 569 Walden With the help of the Honorable Brian Higgins, the city
Avenue, General Contract No. 92010824. Funds for this received a grant from the N.Y. State Dormitory Authority,
project are available in Bond Account 36030306. Community Capital Assistance Program, in the amount of
$250,000.00 for improvements to McKinley/McClellan AYES - 9 NOES - 0
Circles and McKinley Pkwy Street Lighting. Permission is
requested to accept this grant and deposit reimbursed funds NO. 26
into the previously mentioned Capital Projects Accounts. VOLUNTARY ENER -GY CURTAILMENT INCENTIVE
Mr. Coppola Moved: PROGRAM
That the above communication from the Commissioner of CCP 80, MAY 11, 2004, "VOLUNTARY CURTAILMENT
Public Works, Parks and Streets dated June 16, 2004, be INCENTIVE PROGRAM".
received and filed; and The Department is continuing to pursue City participation
That the Commissioner of Public Works, Parks and Streets, in the New York Independent System Operators Voluntary
be, and he hereby is authorized to award a contract for Energy Curtailment Incentive Program. The program
McKinley Parkway Street Lighting Replacement, Group provides for participants to be compensated for demand load
#628, to Ferguson Electric, the lowest responsible bidder, in reduction in order to help provide the NYISO establish back-
the amount of $259,050 (Base Bid of $235,500.00 + [10% up generation and reserve power.
unit price increase] $23,550.00 = [total award] $259,050.00. A critical part of this program is preparing a list of City
Funds for the project are available in Capital Project buildings that meet the established criteria, and determining
Accounts #30032106 and #30007806. to what degree the City will be able to reduce load at those
PASSED locations.
AYES - 9 NOES - 0 At this time, the Department is also in the process of
implementing its new utility bill payables and processing
NO. 25 program. The goals of this program are to verify the integrity
OVERLAY OF CITY PAVEMENTS - 2003 of charges, process invoices in a timely fashion, gather
GR. #607, AMHERST PAVING, INC. information and store that information. A variety of reports
CONTRACT #920108 1 0 will be programmed (such as Cost Allocation, Energy Usage,
CHANGE ORDER Budget Variance and Savings Reports) to provide quick and
I hereby submit to our Honorable Body the following unit easy access to raw utility data in a variety of formats. These
price additions to the contract for the above named Project. reports will give us the information necessary to fully
This change order was necessary to mill/overlay the evaluate the energy needs for the City's facilities, and enable
following streets: us to accurately assess our proper level of participation in
Furhmann Blvd. - near Coast Guard Base the curtailment program. The utility processing program will
Pillsbury Street - Scott to northerly end be in place in July.
Fougeron Street - Fillmore to Genesee The Department will continue to pursue the curtailment
Change order quantities are as follows: program, and will keep you updated regarding any
Contract Unit Estimated Estimated developments.
Item Description Price Quantity Cost RECEIVED AND FILED
02.130 Clearing & Grubbing $1,650 1 Lump Sum $1,650
02.402 Milling existing pave 1.05/sq.yd. 3,000 sq.yds. NO. 27
$3,150 REQ CHANGE IN ORDINANCES RE TUGBOATS
04.15013Asphalt concrete base, binder, top-equipment We have received the attached communication from Bidco
$75/ton 150 tons $11,250 Marine Corp. and we have met with representatives of Bidco
assisted for pavement repairs and other businesses along the Buffalo River.
04.140 Asphalt concrete - material provided - pick-up We agree with these parties that commerce along the
$1 1 /ton 2,600 tons $28,600 Buffalo River is being hampered by the City requirement for
and placement - machine laid tugboats to accompany vessels on the River. This
12.110 Maintenance & Protection of Traffic department recommends and supports a change in the City's
1,350 1 Lump Sum $1,350 ordinances.
Total $46,000 We suggest that as Chairman of the Councils' Legislation
Original Contract Amount $1,257,365.50 Committee, you sponsor a resolution that would delete
Change Order $46,000.00 section 495-27 of our ordinances, and add a subsection 295-
Total Contract Amount $1,303,365.50 26G as follows:
Funds for this change order are available in Division of "Safe navigation of the Buffalo River is the sole responsibility
Engineering Account 913112007473010 & of the Captain of each vessel. It shall be the duty of each
#30057406445100. Captain to determine if the assistance of a tug is necessary
I respectfully certify that this change order is fair and when passing a bridge over the Buffalo River.'
equitable for the work involved, and respectfully request that Please let me know if you need any additional information, or
your Honorable Body approve the subject Change order and if you wish to meet with officials of Bidco.
authorize the Commissioner of Public Works to issue said City Code Chapter 495-27
change order to Amherst Paving, Inc. Dear Commissioner Giambra:
Mr. Coppola Moved: We thank you and Harbor Master Sam Puglesi for meeting
That the above communication from the
with BIDCO and its neighboring companies located on
Ganson Street to discuss our concerns regarding mandatory
Commissioner of Public Works, Parks and Streets
use of costly tugboats for shipping between the Michigan
dated June 16, 2004, be received and filed; and
and Ohio Street bridges on the Buffalo River.
That the Commissioner of Public Works, Parks and Streets,
As you know, we all have facilities currently capable of
be, and I-le hereby is authorized to award a contract for
receiving vessels at our docks. As current users of this
Overlay of City Pavements - 2003, Group #607 to Amherst
stretch of the Buffalo River, our businesses have suffered
Paving, Inc., Contract #920108 1 0, the lowest responsible
from the high costs of shipping down this relatively straight
bidder, in the amount of $1,303,365.50. Funds for the project
and short section of the Buffalo River. At a minimum, we
are available in Division of Engineering Account #13112007-
now face tug costs of over $6000 per tug per tow. There are
473010 & #30057406-445100.
times when two tugs per tow are required under this City
PASSED
ordinance, which results in over $12,000 in tug costs alone.
In addition, there is the cost of shipping, paid to the shipping Steven J. Stepniak
company. When you add the $12,000 tug cost to the 152 Dorrance
shipping cost, shipping down this small stretch of river Buffalo, NY 14218
becomes cost-prohibitive. Further, these tug costs are fixed REFERRED TO THE COMMITTEE ON CIVIL SERVICE
(or flat-rate charges), which means we pay over $6,000 (or
over $12,000 if two tugs are needed) regardless of the NO. 31
volume of cargo being shipped. CERTIFICATE OF APPOINTMENT
Amazingly, Buffalo is the only port city on the Great Lakes Appointment effective 6/14/04 in the Department of Public
that mandates the use of tug boats to assist in the navigation Works, Parks and Streets, Division of Water, to the position
of ships in its Harbor. The multitude of other Great Lakes of Senior First Class Stationary Engineer, Permanent
ports, such as Cleveland, Detroit and Toledo, just to name a Appointment, at the maximum starting salary of $37,213.
few, do not require the use of costly tugs for ship navigation Andrew J. Moffett
in their ports. Instead, these ports and other Great Lakes 776 Abbott Road
Ports leave it up to the vessel masters (the Ship Captain) Buffalo, New York 14220
discretion. These Ports have operated this way without any REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF POLICE
problems to speak of. Indeed, Cleveland is on the
Cuyahoga River, which has very curvy, winding sections that
NO. 32
justify its Native American translation ("Cuyahoga" means
FROM THE COMMISSIONER OF POLICE
crooked).
NO. 32
As we stated, the Coast Guard does not require the use of
'ENFORCEMENT OF ILLEGAL DUMPING ORDINANCES"
tugs to assist in ship navigation.
ITEM #151, C.C.P. APRIL 13, 2004
In our opinion, the viability and feasibility of commerce on
The following information is submitted per the Council's
the Buffalo River between the Outer Harbor and the Ohio
request for a monthly report from the Buffalo Police
Street drawbridge is dependent upon the elimination of the
Department documenting the number of citations and
tug costs, which puts us at a disadvantage in competing with
adjudication's thereof of the city's illegal dumping
other Port cities not subject to these costs.
ordinances:
Specifically, we hereby request a variance from Buffalo City
May 2004
Code Chapter 495-27, which requires vessels navigating in
Total: 7
the Buffalo Harbor to be assisted by tug(s)-
REFERRED TO THE COMMITTEE ON BUDGET
Currently, there is only one firm that provides tug service
throughout the Buffalo area, which undoubtedly has a
NO. 33
significant affect on price competitiveness in this area.
"ENFORCEMENT OF NOISE ORDINANCES"
Maintaining current employment levels and increasing
ITEM # 151, C.C.P. APRIL 13, 2004
employment on the Buffalo River is dependent upon
The following information is submitted per the Council's
reasonable ship transportation costs. Restoring Buffalo as a
request for a monthly report from the Buffalo Police
prominent center for shipping and commerce will not occur
Department documenting the number of noise ordinance
unless Buffalo, as a Port city, can compete on the same
citations and adjudications:
"playing field" as other Great Lakes Port cities.
May 2004
REFERRED TO THE COMMITTEE ON LEGISLATION AND
Total: 35
CORPORATION COUNSEL.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 28
NO. 34
CERTIFICATE OF APPOINTMENT
CERTIFICATE OF APPOINTMENT
Appointment Effective 6/4/04 in the Department of DPW,
Appointment effective 5/26/04 in the Department of Police,
Division of Engineering, to the Position of Senior Engineer,
Division of Police, to the position of Lieutenant, Permanent
Permanent, Promotion, at the Intermediate starting salary of
Promotion, at the flat starting salary of $66,315.
$49,578.00
Mary E. Hanley
Joseph Poltorak
163 Hinman Avenue
106 Delsan Ct.
Buffalo, NY 14216
Buffalo, NY 14216
Joseph M. Panus
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
91 Tyler Street
Buffalo, NY 14214
NO. 29
Marcia C. Scott
CERTIFICATE OF APPOINTMENT
17 Lennox Avenue
Appointment Effective 6/4/04 in the Department of DPW,
Amherst, NY 14226
Division of Engineering, to the position of Senior Engineer,
Robert A. Macey
Temporary Appointment, at the intermediate appointment of
34 Camner Avenue
$49,578.
Lancaster, NY 14086
Michael Hoffert
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
55 Coburg St.
Buffalo, NY 14216
FROM THE COMMISSIONER OF PERMIT & INSPECTION
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
SERVICES
NO. 35
NO. 30
SECOND HAND DEALER
CERTIFICATE OF APPOINTMENT
631 WALDEN (LOVEJOY)
Appointment effective 6/4/04 in the Department of DPW,
Pursuant to Chapter 254 of the City of Buffalo Ordinances,
Division of Engineering, to the position of Senior Engineer,
please be advised that I have examined the attached
Permanent Promotion, at the Maximum Starting Salary of
application for a Second Hand Dealer License located at 631
$55,189.00
Walled and find that as to form is correct. I have caused an
investigation into the premises for which said application for ITEM RECALLED FROM MAYOR
a second hand dealer license is being sought and according ORDINANCE AMENDMENT
to the attached reports from the Zoning Office, Fire CHAPTER 511 -ZONING
Department and Building Inspections, I find it complies with (CCP#121-6/8/04) (HRG. 6/22)
all regulations and other applicable laws. I have caused an Mr. Coppola moved that Item No. 121, C.C.P., June 8,
investigation by the Police Department into the moral 2004 be recalled from the Mayor, seconded by Mr.
character of Renee Santiago. The attached thereto for Bonifacio.
Renee Santiago d/b/a Flecha and Sons Used Appliances. CARRIED
This request is submitted for your approval or whatever Mr. Coppola now moved that the above item is properly
action you deem appropriate. before the Common Council and that the same be, and
REFERRED TO THE COMMITTEE ON LEGISLATION. hereby is pursuant to a public hearing held on June 22, 2004
approved, seconded by Mr. Bonifacio.
FROM THE COMMISSIONER OF ADMINISTRATION AND REFERRED TO THE COMMITTEE ON LEGISLATION.
FINANCE
NO. 36 NO. 41
ABATEMENT OF ACCOUNTS RECEIVABLE INVOICES LIQUOR LICENSE APPLICATIONS
The Collections Division has forwarded all abatement Attached hereto are communications from persons applying
accounts to 2 Collection Agency's Linebarger, Goggan, Blair for liquor licenses from the Erie County Alcohol Beverage
& Sampson LLP and Creditor's Interchange. Attached you Control Board.
will find a copy of memo's from both agencies stating that the Address Business Name Owner's
accounts are uncollectable due to statute of limitation, Name
bankruptcy, inaccurate addresses or phone numbers which 1122 Hertel Jason M Shepard Jason M.
makes it impossible to locate these individuals. Shepard
Prime Seats filed bankruptcy therefore, cannot be pursued 298 Lexington Douglas Owens
for collection. RECEIVED AND FILED.
The Board of Education has made it very clear through Jack
Sperrazza that he has no intention of paying the invoices. NO. 42
Pertaining to this matter we are looking to the Council for LEAVES OF ABSENCE WITHOUT PAY
support in getting these invoices paid. I transmit herewith notifications received by me, reporting the
Although I am recommending abating all of these invoices, granting of the leaves of absence without pay, in the various
Collections will continue to attempt to receive payment as we departments as listed:
pursue our collection procedures. x Public Works, Streets & Parks- Minay Massimi, Allen R.
REFERRED TO THE COMMITTEE ON FINANCE. Sherman, Phillip Swaringer, Steven Stepniak, Shaun
Daugherty
NO. 37 x Police- Steven Malkowski, Timothy Strunk, Debra
DELINQUENT PILOT AGREEMENTS Drzazga, Joseph Chojnacki III
ITEM#14, C.C.P. JUNE 10, 2004 x Fire- Kenneth Williams
Please see attached memorandum. RECEIVED AND FILED.
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 43
NO. 38 NOTICES OF APPOINTMENTS-SEASONAL/FLAT
PARKING ENFORCEMENT ON HOLIDAYS I transmit herewith certificates received by me, reporting
#96 CCP FEBRUARY 17, 2004 seasonal and flat salary appointments made in various
The Division of Parking Enforcement must have the ability to departments.
tag and tow whenever we feel it is needed; ex. City RECEIVED AND FILED.
services, snow storms, emergency situations, parking
congestion, passage of large vehicles, etc. DEPARTMENT OF PUBLIC WORKS, PARKS AND
Although type II alternates are not enforced on the STREETS
weekends and after 4pm, there is a need to keep the Appointments effective June 16, 2004 in the Department of
enforcement capability in place because Public Works still Public Works, Division of Parks, to the position of Fee
maintains trash pick-up and snow removal operations on Collector, Seasonal Appointments at the minimum starting
holidays. We do get several requests to assist them during salary of $5.15/hr.
the holidays. Fitzgibbons Patrick
Just excluding type II alternates would be discriminatory in 79 Marine Drive
nature since other alternates and violations could still be Buffalo 14204
enforced. White Kelly
REFERRED TO THE COMMITTEE ON LEGISLATION. 24 Melrose
Bufffalo 14220
FROM THE COMMISSIONER OF COMMUNITY SERVICES Appointment Effective June 9,2004 in the Department of
NO. 39 Public Works, Division of Recreation, to the Position of
VARIOUS CORRESPONDENCE RE: BELLE CENTER Lifeguard, Seasonal Appointment at the Minimum starting
CUTS IN FUNDING salary of $6.25/hr.
ITEM NO. 49 CCP JUNE 8, 2004 Marion Darmel Whitfield
Item available in Clerk’s Office. Not able to be scanned 1 Broadway
because it was written in italics. Buffalo, NY 14204
REFERRED TO THE COMMITTEE ON COMMUNITY Appointments Effective June 9, 2004 in the Department of
DEVELOPMENT. Public Works, Division of Recreation, to the Position of
Laborer II, Seasonal Appointment at the minimum starting
FROM THE CITY CLERK salary of $8.15/hr.
NO. 40 Borne David
131 Kali NO. 46
Buffalo, 14207 AMENDMENTS TO PARKS AGREEMENT PREVIOUSLY
Cichowski Eric APPROVED 5/21104
10 Gorski ARTICLE II
Buffalo 14206 2.1 (c) The City owns, operates and manages all of the
Patrick Scanlon parks, parkways, recreation areas and recreational facilities,
201 Cumberland Avenue including all buildings aid strictures thereon., (hereinafter
Buffalo, NY 14220 referred to as the "Parklands") as shown, depicted and
numbered on a certain map entitled "Erie County Parks
NO. 44 Acquisition Map" attached hereto as Exhibit "A, together with
APPOINTMENTS - TEMPORARY, PROVISIONAL OR such parks which may be acquired by the City in
PERMANENT replacement of Parklands which are no longer used by the
I transmit herewith Appointments in the various departments City for park purposes, subject to the approval of such
made at the Minimum (Temporary, Provisional or replacement by the County, which approval shall not be
Permanent) (as per contract requirements) . unreasonably withheld, but not including the buildings and
REFERRED TO THE COMMITTEE ON CIVIL SERVICE. structures owned or operated by the Buffalo and Erie County
DEPARTMENT OF AUDIT AND CONTROL Historical Society, the Buffalo Fine Art Academy, The Buffalo
Appointment Effective: June 10, 2004 In the Department and Erie County Public Library System, the Buffalo Museum
of: Audit and Control Division of: Audit to the Position of: of Science, the Buffalo Board of Education, the Buffalo
Senior Auditor Police Department or the Buffalo Zoological Society.
Permanent Appointment at the minimum starting salary of ARTICLE V
$37,852. As of the Implementation Date of this Agreement, all City-
Minimum owned equipment and personal property including but not
Nataliya Zingorenko limited to, vehicles, machines, and tools used by the City
898 Parkside Avenue primarily for the maintenance of its Parklands shall be
Buffalo, NY 14216 transferred to the County for the continued operation,
management and improvement of such Parklands. An
inventory of such equipment and personal property shall be
prepared by the City and delivered to the County by July 1,
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND 2004 and such inventory, together with all corrections and
REMONSTRANCES modifications agreed to by the Parties, shall be
NON-OFFICIAL COMMUNICATIONS countersigned and appended hereto as Schedule 1. The City
NO. 45 shall promptly transfer all registration, warranties, manuals,
B. DAVIS-DOWNTOWN PARKING RAMP-PRO PARK LLC or other documents relating to the ownership of such
Please file the attached correspondence on behalf of Pro equipment and personal property to the County. The City
Park, LLC regarding the downtown parking ramps for the shall also transfer, and provide an accounting thereof, to the
upcoming Council Session to be held on Tuesday, June 22, County by July 1, 2004 all revenues received by the City with
2004 for further discussion. respect to ail leases, permits, licenses, concessions, fees or
Thank you in advance for you assistance in this matter. other charges collected by the City which apply to Parklands
Pro Park, LLC appreciates your invitation to participate in die activities or uses after July 1, 2004, pro rated as appropriate.
special finance meeting scheduled for June 24,2004. I will The County shall honor and manage, provided that the City
make every effort to attend. shall continue to be responsible for its obligations (if any)
The management team at Pro Park, U-C wishes to offer our thereunder with respect to capital improvements and utilities,
expertise and decades of parking operation experience to any existing lease, permit, license and concession presently
you, the Board of Parking, BCAR and the city administration in effect and which it is made aware of by the City but
to come up with the best solution for the management and reserves the right to terminate the same in accordance wit
operation of the downtown parking ramps. I personally have the terms thereof and to issue such new or additional
over 30 years expertise in parking management in all types permits, licenses and concessions as it may deem
of operations. From full management of downtown parking appropriate, consistent with the terms and conditions of this
facilities to Ralph Wilson Stadium game Clay Parking agreement. Any such permits, licenses or concessions for a
operations to multiple parking structures at the Philadelphia term in excess of two (2) years shall be subject to review
International Airport. When I first arrived in Buffalo in 1984, I and approval by the City’s Commissioner of Public Works,
quickly became involved m the day to day management of Parks and Street, which shall not be unreasonably withheld
the downtown parking ramps through a management or delayed.
contract with my then employer, and I am still quite familiar ARTICLE XIII
with their operations. 13.1 The last sentence: The County and the
If the decision makers decide that a re6sed management City Special Events Committee shall develop protocols to
plan to continue the BCAR operations of these facilities is jointly review special events (as defined in City Code
not feasible with additional assistance and that the best Chapter 414) permit applications submitted to either the City
alternative is to place the operations in a public bid process or the County on or adjacent to Parklands.
or RFP format, we are interested in 13.3 The County shall provide for emergency
participating. and non-emergency tree trimming and removal of broken or
Please let me know how I can be of service to you and the dangerous limbs of City owned trees in City rights-of-way
city administration in dealing with the parking program in outside of the Parklands in the same manner as the City
Downtown Buffalo. currently undertakes with City Division of Parks workers and
REFERRED TO THE COMMITTEE ON FINANCE AND consistent, to the extent that funds and personnel are
BOARD OF PARKING. available, with the guidelines set forth in the City's adopted
"Buffalo Urban Forest Master Plan" dated , incorporated
herein by reference. Nothing herein shall obligate the
County to provide for tree replacement in such rights-of-way.
The City acknowledges that an extensive City-wide tree care In 1999, the Comptroller's Office reported that the debt on
and maintenance program as described in the Buffalo Urban the ramp as of June 30. 2002 would be $2,666,729.
Forest Master Plan is a capital protect which requires the However, on May 14, 2002 the Comptroller's Office reported
commitment of capital funds by the City pursuant to Article X that the debt on the Main Place ramp would be $4.276,728
of this Agreement. as of June 30, 2002. In view of this discrepancy, Eric
ARTICLE XIV Lefebvre worked closely with Mike Szukala of the City's
Third sentence: In the event one of the Parties Department of Audit & Control over a period of several
purchases an insurance policy or policies, or cause one or months to determine the correct amount of outstanding debt
more of its contractors, licensees, permitees, on the Main Place Ramp. On September 4. 2002 Mr.
concessionaires, agents or subcontractors to purchase an Szukala provided a debt service schedule (copy attached)
insurance policy or policies covering its respective activities reflecting $2,653.21 1 in total debt payments outstanding as
and obligations regarding the maintenance or operation of of June 30. 2002 (which included $604.631 in interest).
the Parklands, the party purchasing the insurance or causing As a follow up to recent discussions we have had with City
the purchase of such insurance shall notify the other Party in Council Members regarding the current debt on the ramp, I
writing no later than ten (1 0) days after the effective day of would greatly appreciate your assistance in providing written
the insurance policy(ies) and shall cause the other party to confirmation that the remaining debt on the Main Place ramp
be named as an additional insured on the policy(ies). is indeed
ARTICLE XVII S1,425,350.16 as of June 2, 2004 (which includes
The City shall be solely responsible for the $262,350.16 in interest) and that the attached payment
maintenance (except sidewalk snow removal), repair, schedule is correct.
replacement, costs and expenses of all paved, brick, stone, Please do not hesitate to contact me or Eric Lefebvre if you
or masonry areas, including streets, sidewalks and curbs or your staff have any questions regarding this request.
located within, or abutting or contiguous to the parkways and Thank you. in advance. for your prompt attention to this
traffic circles identified in Exhibit "A". The County shall have request.
no responsibility, financially or otherwise, regarding said REFERRED TO THE COMMITTEE ON FINANCE AND THE
described areas. COMPTROLLER
ARTICLE XVIII
Last sentence: Upon termination, the City shall NO. 49
assume all rights, duties and obligations of the County under BEVLAR & ASSOCIATES INC. JSCB MONITORING
the County's agreement with the Buffalo Olmsted REPORT FOR APRIL, 2004
Conservancy as provided for in Article XII of this Agreement Please file the attached Item that was presented to the
and any Parklands permits, concessions and licenses that MBEC
the County was authorized to enter into pursuant to this Committee by Eric Johnson of Ciminelli Group on Monday,
Agreement. June 14, 2004.
RECEIVED AND FILED 1) Bevlar & Associates, Inc. JSCB Monitoring Report
AYES-BONIFACIO, COPPOLA, FONTANA, FRANCZYK, for April, 2004
GOLOMBEK, RUSSELL-7. Please refer to the MBEC Committee.
NOES-DAVIS, GRIFFIN, THOMPSON-3. REFERRED TO THE MINORITY BUSINESS ENTERPRISE
SPECIAL COMMITTEE.
NO. 47
FOR OPERATION, MANAGEMENT AND IMPROVEMENT NO. 50
OF DIRECTOR'S REPORT
CITY OF BUFFALO PARKLANDS BUFFALO AND ERIE COUNTY PUBLIC LIBRARY
Item on file in Clerk’s Office. JUNE 11, 2004
I
Amended to include the following:
tem on file in Clerk’s Office.
Mr. Coppola Moved:
REFERRED TO THE COMMITTEE ON LEGISLATION.
That the Common Council of the City of buffalo hereby
approves the Parks Agreement between the City of Buffalo
NO. 51
and the County of Erie with and including the amendments
BUFFALO & ERIE COUNTY PUBLIC LIBRARY
as set forth in the attached fully approved agreement by the
CIRCULATION STATISTICS
Erie County Legislature on June 18, 2004.
MAY 2004
PASSED.
Item on file in Clerk’s Office
AYES-BONIFACIO, COPPOLA, FONTANA, FRANCZYK,
REFERRED TO THE COMMITTEE ON LEGISLATION.
GOLOMBEK, RUSSELL-6.
NOES-DAVIS, GRIFFIN, THOMPSON-3.
NO. 52
PROPOSED MINUTES –REG. MTG. OF BFLO/ERIE CO.
No. 48
PUB. LIB. BD. OF TRUSTEES
SALE OF MAIN PLACE PARKING RAMP MAY 20, 2004
As you know, the Main Place Liberty Group in acquiring the Item on file in Clerk’s Office
City's remaining 15-year ownership interest in the Main REFERRED TO THE COMMITTEE ON LEGISLATION
Place parking ramp. On April 26, 2004 a meeting was held
with Council Member Brian Davis, Tim Wanamaker. Mike NO. 53
Seaman, Tony Farina, Tom Gallagher and Frank Belliotti to NY ROUTE 33 (KENSINGTON EXPRESSWAY) NY ROUTE
discuss the details of a $9.5 million potential incremental T98 TO ELM/OAK ARTERIAL PHASE I - VARIOUS
cash flow benefit to the City from the sale of the Main Place SAFETY IMPROVEMENTS CITY OF BUFFALO, ERIE
parking ramp. It is our understanding that Mayor Anthony M. COUNTY PIN 5512.41
Masiello is receptive to this offer inasmuch as he has This letter is an update on the status of New York State
incorporated the sale of the City's interest in the ramp in his Department of Transportation PIN
Four Year Financial Plan (Initiative J. page 1-7). 5512.41. A previous update on this project was sent to you
on March 19, 2003 (copy attached).
Please file this letter and report with the Common Council. CREAM STAND (DELAWARE).
The scope and schedule of this project has been revised and (HRG. 6/29)
the proposed work was split into two separate projects, PIN REFERRED TO THE COMMITTEE ON LEGISLATION,
5512.41 and PIN 5512.46. CITY
PIN 5512.46 now contains the majority of the work originally PLANNING BOARD AND CORPORATION COUNSEL.
proposed under PIN 5512.41; specifically, the NY Route 33
retaining wall railing replacement, Humboldt Parkway, NO. 57
Cherry Street and BNFC Drive resurfacing and S. FRISICARO, OWNER, USE 140 ALLEN FOR A
enhancements, and replacement of the wall-mounted light SIDEWALK
standards on the retaining wall. This project is currently CAFE (ELLICOTT).
scheduled for a June 2008 letting. (HRG. 6/29)
PIN 5512.41 is currently scheduled for a September 2005 REFERRED TO THE COMMITTEE ON LEGISLATION,
letting and consists of localized safety improvements CITY
described in the attached Design Report and summarized PLANNING BOARD AND CORPORATION COUNSEL.
below:
PIN 50230 will be replaced (overhead sign structure for the NO. 58
westbound NY Route 33 Humboldt Parkway exit). P. GERVISS, AGENT, USE 3 NIAGARA SQUARE-
Radius improvement will be made to the Access Road B ILLUMINATED GROUND SIGN
(Jefferson Avenue on ramp to eastbound NY Route 33). (NAME OF AGENT, OWNER) (ADDRESS) -
Improvement will be made to the cross slope of a section of (PROJECT)
the westbound NY Route 33 corrugated concrete shoulder (PHONE #876-7599 X12)
adjacent to Humboldt Parkway. The attached is for Common Council Approval; but per
An overhead lane-use sign structure and pavement Permits, no public hearing is required.
markings will be installed in the vicinity of the REFERRED TO THE COMMITTEE ON LEGISLATION,
Michigan/Goodell intersection to improve the safety at this CITY PLANNING BOARD AND CORPORATION
intersection. COUNSEL.
A traffic signal will be replaced at the Michigan/Goodell
intersection and pedestrian features will be added.We ask NO. 59
that you review this report and provide us with comments by B. BAUMKER, AGENT, USE 3101 MAIN ST-GROUND
July 8, 2004. SIGN (UNIV)
If you have any further questions or need further information (NAME OF AGENT, OWNER) (ADDRESS) -
regarding this project, please feel free to contact David J. (PROJECT)
Hill, Design Job Manager, at (716) 847-3229. (PHONE #877-5535; CELL-583-0348)
Thank you for your input and interest in this project. the attached is for Common Council Approval; but per
REFERRED TO THE COMMITTEE ON LEGISLATION. Permits, no public hearing is required.
REFERRED TO THE COMMITTEE ON LEGISLATION,
NO. 54 CITY PLANNING BOARD AND CORPORATION
L. STEPHENS-ERIE COUNTY MANAGEMENT COUNSEL.
TAKEOVER OF BUFFALO PARKS AND RECREATION
I am a concerned citizen of Buffalo and Erie County with NO. 60
serious reservations about the proposed management L. MCCLIVE, AGENT, USE 1829 MAIN ST-(CANISIUS
takeover of Buffalo's parks and recreation by Erie County. COLLEGE)-THREE NON-ILLUM.GROUND SIGNS
Attachment 2 includes comments which were submitted for (MASTEN)
the record at the June 7, 2004 Erie County Legislature (NAME OF AGENT, OWNER) (ADDRESS) -
Public Hearing regarding the parks and recreation takeover. (PROJECT)
Facts and information are embedded in the comments and (PHONE #775-0104)
will hopefully stimulate discussion. The attached is for Common Council Approval; but per
It seems to me that the parks and recreation management Permits, no public hearing is required.
takeover is being driven by the Buffalo Fiscal Stability REFERRED TO THE COMMITTEE ON LEGISLATION,
Authority, i.e. control board, and the County Executive. They CITY PLANNING BOARD AND CORPORATION
have promoted the myth that this is the way to resolve COUNSEL.
Buffalo's immediate fiscal crisis, which was precipitated
when the Governor withdrew state assistance. There are NO. 61
alternatives; for examples, see Attachment 1. B. DAVIS-D. MURPHY & O-REQ. SLA INVESTIGATE
If possible, please share my remarks. I realize that everyone FRANK’S BAR-256 ALLEN
will not share my point of view, but thank you for listening. Please file the attached correspondence on behalf of Ms.
RECEIVED AND FILED. Dolores Murphy regarding Franks Bar located at 256 Allen
Street for the upcoming Council Session to be held on
PETITIONS Tuesday, June 22, 2004 for further discussion.
NO. 55 Thank you in advance for you assistance in this matter.
A. QUIMBY, AGENT USE 147 ORLANDO, ERECT A I am writing this letter at 4:35 am because Franks Bar
BILLBOARD SIGN (FILLMORE) located a 256 Allen Street Buffalo, NY 14201, woke me up
(HRG 06/29) yet again. At one o'clock this morning I was awaken by a
REFERRED TO THE COMMITTEE ON LEGISLATION, THE loud noise. I dressed and went outside to verify the location.
CITY PLANNING BOARD AND THE CORPORATION When I walked around the comer to Frank's bar and looked
COUNSEL through the fence I saw the patio {no Sidewalk Cafe'
Licenses] filled with people drinking and smoking using the
NO. 56 most vulgar language imaginable. As I stood outside the bar
R. L. CHAINANI, OWNER, USE 1256 HERTEL FOR AN and observed the many seemingly underaged people
ICE
entering and exiting the establishment, I noticed many AYES-9. NOES-0.
smoking inside the bar as well.
Continued complaints regarding these matters have done NO. 65
little to eliminate these problems. If you recall I wrote a letter APPT -CAPTAIN(PERM)(MAX)POL)
on April 7, 2004 addressing these issues and you were kind (CCP#25-JUNE 8, 04)
enough to inform the owner(s) of the concerns of the Days That the above item be and the same hereby is received and
Park Block Club- They have however, chosen to ignore filed.
these repeated warnings. ADOPTED
I have taken the liberty to take this one step farther and have NO. 66
asked my neighbors to sign a petition with these concerns. APPT -CAPTAIN(CONT PERM)(MAX)POL)
So far thirty people have agreed that Frank's 8ar is a (CCP#26-JUNE 8, 04)
nuisance to our once peaceful Historic Olmstead Park That the above item be and the same hereby is received and
neighborhood. If you need additional signatures, I am sure filed.
many more neighbors would be happy to put their names to ADOPTED
this paper. I am enclosing copies of the petition but if you
desire the originals, I will have them readily available. NO. 67
I feel the owner [Ms. Melissa Luciano] has been warned APPT -CHIEF(PROV)(MAX)POL)
numerous times to comply and so now is the time to take a (CCP#27-JUNE 8, 04)
stand and put a stop to this activity. That the above item be and the same hereby is received and
I urge you to please proceed forward to take whatever steps filed.
are necessary to eliminate this problem once and for all. ADOPTED
I thank you in advance for your help and concern. NO. 68
REFERRED TO THE COMMITTEE ON LEGISLATION, THE APPT -DETECTIVE SERGANT (PERM(POL)
COMMISSIONER OF PERMITS AND INSPECTIONS AND (CCP#28-JUNE 8, 04)
THE NYS LIQUOR AUTHORITY That the above item be and the same hereby is received and
filed.
NO. 62 ADOPTED
B. DAVIS-N. DORRIOS & O-CLOSING OF CENTENNIAL NO. 69
POOL APPT -INSPECTOR(PERM)(POL)
Please file the attached petition regarding the Closing of (CCP#29-JUNE 8, 04)
Centennial Pool for the upcoming Council Session to be held That the above item be and the same hereby is received and
on Tuesday, June 22, 2004 for further discussion. filed.
Thank you in advance for you assistance in this matter. ADOPTED
Stop the Closing of Centennial Pool NO. 70
LaSalle Park APPTS -LIEUTENANT(PERM)(POL)
We, the undersigned strongly oppose the closing (CCP#30-JUNE 8, 04)
of the Centennial Pool at LaSalle Park. It's totally unfair that That the above item be and the same hereby is received and
out of all the pools in the City of Buffalo, Centennial Pool is filed.
the only one the City intends to close this summer. The ADOPTED
closing of Centennial Pool would eliminate the only NO. 71
swimming and recreational venue our kids have during the APPT –LIEUTENANT (CONT PERM)(POL)
summer months. We demand that our elected officials find a (CCP#3I -JUNE 8, 04)
way to keep this pool open so that our kids can also enjoy That the above item be and the same hereby is received and
summer just like kids in other neighborhoods. filed.
REFERRED TO THE COMMITTEE ON LEGISLATION, ADOPTED
COMMISSIONER OF PUBLIC WORKS, PARKS AND NO. 72
STREETS, ERIE COUNTY EXECUTIVE, AND ERIE APPOINTMENTS
COUNTY LEGISLATURE. POLICE OFFICERS (INTER) (POL)
(ITEM NO. 32-C.C.P. JUNE 8, 2004)
CIVIL SERVICE That Communication 32, June 8, 2004 be received
(BONNIE E. RUSSELL, CHAIRPERSON) and filed and the permanent appointments of Timothy W.
NO. 63 Wagner, Donna M. Benitez-Ross, Eric W. Fuller, John T.
APPOINTMENT Evans, Denise M. Casey. Mark C. White, Charles Clifford,
CALKER SUPV I (INTER 2)(PW) Sollie Boone, Tina L. Ferraro, Patricia A. Parete, Steven P.
(CCP# 21 2004) Alvarez, Jennifer T. Zanghi & Suzanne J. Bohen stated
That Communication 21 from June 8, 2004 be above at the intermediate salary of $51,099 effective on May
received and filed and the permanent appointment of 26, 2004 is hereby approved.
Michael Wolasz, Jr stated above at the intermediate salary PASSED
of $38,580 effective on May 24, 2004 is hereby approved. AYES-9. NOES-0.
PASSED
AYES-9. NOES-0. NO. 73
NO. 64 NOTICE OF APPT.-TEMP. /PROV./PERM. (C. CLK.)
APPOINTMENT (CCP#42-JUNE 8, 04)
CALKER SUPV I (INTER 3)(PW) That the above item be and the same hereby is received and
(CCP# 22, 2004) filed.
That Communication 22 from June 8, 2004 be ADOPTED
received and filed and the permanent appointment of Izydor
Karbowski stated above at the intermediate salary of NO. 74
$40,253 effective on May 31, 2004 is hereby approved. RESP. COUNCIL CONCERNS RE:
PASSED
DISRESPECTFUL/IMPOLITE EMPLOYEES (CIT.SVS.) (ITEM NO. 122, C.C.P., JUNE 8, 2004)
(CCP#4-JUNE 8, 04) That the above item be, and the same hereby is
That the above item be and the same hereby is received and returned to the Common Council without recommendation.
filed. Mr. Davis moved:
ADOPTED That the Mayor be and he hereby is authorized to
NO. 75 execute the Agreement as attached to the above
M. FROST-LAYOFF NOTICES-SUPV. OF BLDG. CONST. communication on behalf of the City of Buffalo with the Boys
II and Girls Club of Buffalo for the purpose of constructing a
(CCP#4 I -APR 27, 04) new playground at 370 Massachusetts.
That the above item be and the same hereby is received and PASSED.
filed. AYES-9. NOES-0.
ADOPTED
LEGISLATION
FINANCE (RICHARD A. FONTANA, CHAIRMAN)
(BRIAN C. DAVIS, CHAIRMAN) NO. 82
NO. 76 T. SHELBERG, PETITION TO USE 453 WEST AVENUE -
BFSA CERTIFICATE OF SATISFACTION RESTRICTED PARKING LOT
(CCP#117-MAY 25, 04) (TTEM NO. 55, C.C.P., JUNE 8, 2004)
That the above item be and the same hereby is received and That after the public hearing before the Committee
filed. on Legislation on June 15, 2004, the petition of T. Shelberg,
ADOPTED agent, for permission to use 453 West Avenue for a
NO. 77 residential beauty parlor be, and hereby is approved.
COMPREHENSIVE ANN FIN RPT FOR FY ENDED JUNE 3 Passed.
0, 2003 (COMPT) AYES-9. NOES-0.
(CCP#12-MAY 11, 04)
That the above item be and the same hereby is received and NO. 83
filed. M. FORD, PETITION TO USE 107 DELAWARE AVENUE -
ADOPTED SIDEWALK CAFE
NO. 78 (ITEM NO. 56, C.C.P., JUNE 8, 2004)
LEASE - CENTRAL REFERRAL, INC. - 24 1H FLOOR OF That the above item be, and the same hereby is
CITY HALL (ITEM NO. I 1, C.C.P., MAY 25, 2004) returned to the Common Council without recommendation.
That the Executive Director of Strategic Planning be, Mr. Fontana moved:
and he hereby is authorized to enter into a lease between That after the public hearing before the Committee
the City of Buffalo and Central Referral, Inc., for use of city on Legislation on June 15, 2004, the petition of M. Ford,
owned property located on the 24 1h floor of City Hall, for a agent, for permission to use 107 Delaware Avenue for a
retroactive period of April 1, 2004 through March 3 1, 2004, sidewalk cafe be, and hereby is approved.
for the annual rental fee of One Dollar ($ 1.00), under the Passed.
same terms and conditions as the expired lease. That the AYES-9. NOES-0.
Corporation Counsel be, and he hereby is authorized to
prepare the necessary documents to prepare said lease and NO. 84
that the Mayor be authorized to execute the same. M. JORDAN - CLOVER CONST. - REQ. APPEAL -
Passed. PRESERVATION BOARD RULING - 757 MAIN STREET
AYES-9. NOES-0. DEMOLITION GAS STATION (PRES. BD)
(ITEM NO. 1, C.C.P., FEB. 3, 2004)
NO. 79 (ITEM NO. 71, C.C.P., MAY 11, 2004)
UTILITY EASEMENT AGREEMENT - NIAGARA MOHAWK That the above item be, and the same hereby is
POWER CORP. - 724 NORTHUMBERLAND returned to the Common Council without recommendation.
(ITEM NO. 22, C.C.P., MAY 25, 2004) Mr. Fontana moved that the above item be recommitted to
That the Executive Director of Strategic Planning be, the Committee on Legislation.
and he hereby is authorized to enter into an easement ADOPTED.
agreement between the City and Niagara Mohawk Power
Corporation, for use of city-owned property located at 724 NO. 85
Northumberland. That the Corporation Counsel be, and he M. JORDAN - CLOVER CONST. - REQ. APPEAL -
hereby is authorized to review said agreement and that the PRESERVATION BOARD RULING - 757 MAIN STREET
Mayor be authorized to execute the same. DEMOLITION GAS STATION
Passed. (ITEM NO. 66, C.C.P., FEB. 3, 2004)
AYES-9. NOES-0. (ITEM NO. 72, C.C.P., MAY 11, 2004)
That the above item be, and the same hereby is returned to
NO. 80 the Common Council without recommendation.
SAFE RESTORATION - SUNSHINE PARK PLAYGROUND Mr. Fontana moved that the above item be recommitted to
(ITEM NO. 43, C.C.P., JUNE 8, 2004) the Committee on
That the above item be, and the same hereby is Legislation
returned to the Common Council without recommendation. ADOPTED.
Mr. Davis Moved:
That the above-mentioned item be and the same is hereby NO. 86
received and filed. B. DAVIS - HISPANICS UNITED - SUPP. ZONING
Adopted. CHANGE FROM RESIDENTIAL TO COMMERCIAL -
NO. 81 10TH STREET
AGREEMENT BOYS/GIRLS CLUBS - CONSTRUCT (ITEM NO. 57, C.C.P., JUNE 8, 2004)
PLAYGROUND - 370 MASSACHUSETTS
That the above item be, and the same hereby is PASSED
returned to the Common Council without recommendation. AYES - 9 NOES - 0
Mr. Fontana moved:
That the above item be and the same is recommitted to the COMMUNITY DEVELOPMENT
Committee on Legislation. (JOSEPH GOLOMBEK JR., CHAIRMAN)
Adopted NO. 93
NO. 87 B.DAVIS-S. GRZECHOWIAK-ADMIRAL'S WIK-REQ.
TRAILBLAZER SIGNS WOODLAWN AVENUE - THE PROP.-OJIBWA CIRCLE/RIVERMIST
LATE BISHOP LEROY B. JONES (CCP443-MAY 13,04)
(ITEM NO. 133, C.C.P., JUNE 8, 2004) That the above item be and the same hereby is received and
That the Commissioner of Public Works, Parks & filed.
Streets be, and he hereby is authorized to install trallblazing ADOPTED
signs beneath the existing street signs on the section of
Woodlawn Avenue from Jefferson Avenue to Main Street be NO. 94
named in honor of the late Bishop Leroy B. Jones. ABANDONMENT AND SALE OF SCATCHARD PLACE
Passed (ITEM NO. I 1, C.C.P., FEB. 3, 2004) (ITEM NO. 87, C.C.P.,
AYES-9. NOES-0. FEB. 17, 2004)
That the above item be, and the same hereby is returned
to the Common Council without recommendation.
NO. 88 Mr. Golombek moved that the above item be recommitted to
ENFORCEMENT OF NOISE ORDINANCES (POL) the Committee on
(CCP#37-MAY 25, 04) Community Development.
That the above item be and the same hereby is received and ADOPTED.
filed.
ADOPTED NO. 95
RESULT OF NEGOTIATIONS - 336 EMSLIE STREET, 592
NO. 89 & 596 WILLIAM STREET
DELTA SONIC FACILITY - 1220-1264 MAIN STREET - (ITEM NO. 14, C.C.P., MAR. 30, 2004)
SEQR - DETERMINATION OF SIGNIFICANCE That the above item be, and the same hereby is returned
(ITEM NO. 6, C.C.P., JUNE 8, 2004) to the Common Council
That the above item be, and the same hereby is returned without recommendation.
to the Common Council without recommendation. Mr. Golombek moved that the above item be recommitted to
Mr. Fontana Moved: the Committee on Community Development.
That the above item be the same and is hereby approved ADOPTED.
PASSED
AYES - 9 NOES - 0’ NO. 96
RESULT OF NEGOTIATIONS - 414 WILLIAM STREET
NO. 90 (ITEM NO. 17, C.C.P., MAR. 30, 2004)
SECONDHAND DEALER - 1069 ABBOTT I (ITEM NO. 41, That the above item be, and the same hereby is returned
C.C.P., MAY 25, 2004) to the Common Council without recommendation.
That pursuant to Chapter 254 of the City Code, the Mr. Golombek Moved:
Commissioner of Permit & Inspections Services be, and he That the offer from The Crosby Company, 183 Pratt Street,
hereby is authorized to grant a Secondhand Dealer license in the sum of one thousand and five hundred dollars
to Shawn Smith d/b/a Quick Coin and Consignment located ($1,500.00) for the purchase of 414 William Street, be and
at 1069 Abbott. hereby is accepted; and
PASSED That the appraisal requested by the City of Buffalo shall be
AYES - 9 NOES - 0 paid by the purchaser; and
That the transfer tax, recording fees and cost of legal
NO. 91 description shall be paid by the purchaser; and
SECONDHAND DEALER - 1831 SOUTH PARK AVENUE I/ That the Corporation Counsel be authorized to prepare the
(ITEM NO. 42, C.C.P., MAY 25, 2004) necessary documents for the transfer of title and that the
That pursuant to Chapter 254 of the City Code, the Mayor be authorized to execute the same, in accordance
Commissioner of Permit & Inspections Services be, and he with the terms of sale upon which the offer was submitted.
hereby is authorized to grant a Secondhand Dealer license PASSED
to Jim Carr d/b/a Trash 'N' Treasure located at 1831 South AYES - 9 NOES - 0
Park Avenue.
PASSED NO. 97
AYES - 9 NOES - 0 RESULT OF NEGOTIATIONS - 137 WEST NORTHRUP
STREET
NO. 92 (ITEM NO. IO, C. C. P., JUNE 8, 2 004)
USED CAR DEALER - 337 NORTH OGDEN (ITEM NO. 44, That the offer from Mr. Donald Sanders and Mrs. Theresa
C.C.P., MAY 25, 2004) Sanders, in the sum of seven thousand and five hundred
That the above item be, and the same hereby is returned to dollars ($7,500.00) for the purchase of a portion of 137 West
the Common Council without recommendation. Northrup Street, be and hereby is accepted; and
Mr. Fontana moved That the appraisal requested by the City of Buffalo shall be
That pursuant to Chapter 254 of the City Code, the paid by the purchaser; and
Commissioner of Permit & Inspection Services be, and he That the transfer tax, recording fees and cost of legal
hereby is authorized to grant a Used Car Dealer License to description shall be paid by the purchaser; and
Jerry Ferraraccio, d/b/a Atlantic Motors located at 337 North That the Corporation Counsel be authorized to prepare the
Ogden. necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance The North Buffalo Community Development Corp., Hertel -
with the terms of sale upon which the offer was submitted. North Buffalo Business Assn., and the West Side Business
PASSED and Taxpayers Assn., Inc. are hereby granted permission to
AYES – BONIFACIO, COPPOLA, DAVIS, FONTANA, jointly conduct the 2004 Greater Buffalo Italian Heritage and
FRANCZYK, GOLOMBEK, RUSSELL, THOMPSON - 8 Food Festival subject to the following conditions:
NOES – GRIFFIN - 1 (A) The festival shall be conducted on Hertel Avenue
from July 15 through July 18, 2004, between the hours of I
NO. 98 1:00 am and 11:00 pm, except Sunday when the hours are I
M. COPPOLA-T. HICKOK-"A VISION FOR THE OUTER 1:00 am to 10:00 pm with Tuesday, July 13, 2004 after 6.-00
HARBOR" PM and Wednesday, July 14, 2004 to be used only as a set-
(CCP#55-APR 13, 04) up days, and Monday, July 19, 2004, to be used only as a
That the above item be and the same hereby is received breakdown day with traffic to recommence by 6:00 AM of
and filed. that day;
ADOPTED (B) Hertel Avenue, between Crestwood and Tennyson
Avenues, shall be closed to vehicular and bicycle traffic, and
RESOLUTIONS dogs and other animals shall be prohibited during the
NO. 99 festival. In addition, cross streets bounded by Colvin,
BY MR. COPPOLA Linden, Delaware, and Tacoma Avenues, including those
2004 GREATER BUFFALO ITALIAN HERITAGE AND boundary streets, shall be part of the festival area subject to
FOOD FESTIVAL its rules and regulations. Permittees with the cooperation of
Whereas: The North Buffalo Community and at the direction of the Police Department will furnish and
Development Corporation, Hertel-North Buffalo Business locate barriers to be placed at the beginning time of the
Association, and the West Side Business and Taxpayers festival and to be removed at the end of the festival;
Association, Inc. have requested permission to, again, jointly (C) That the city-owned residential area parking lot,
conduct the Greater Buffalo Italian Heritage and Food located behind II 80 Hertel shall be closed to general use
Festival from July 15 through 18, 2004, on Hertel Avenue; and shall be reserved solely for those residents of Hertel
and Avenue -residing within the festival area, and this restriction
Whereas: These groups are also requesting that Hertel shall be enforced strictly by the city and festival committee-,
Avenue be closed to vehicular traffic between Delaware and (D)That the festival committee be, and hereby is, authorized
Colvin Avenues during the above dates, and that cross to erect appropriate banners and fittings on street lamp posts
streets between Colvin and Delaware Avenues, and also on Hertel Avenue from the easterly side of Colvin to the
Linden and Tacoma between Colvin and Delaware Avenues, westerly side of Delaware, and a banner across Hertel at
be designated festival areas; and Tennyson and at Crestwood, all within the conditions
Whereas: This festival will be a major expression specified by the Department of Public Works-,
of Italian Heritage which includes culture, customs, and (E) Permittees shall furnish to the City of Buffalo
foods and will once again attract people from hundreds of proper liability insurance as determined by the Special
miles away- and Events Committee and Corporation Counsel-,
Whereas: The Italian Festival Committee will continue the (F) Permittees shall assure complete responsibility for
drastic changes to the Festival that were made in 2002 in an removing barriers, pennants, decorations, barricades,
effort to focus more on Italian Heritage. The changes are as stands, equipment and any trash or debris in the area arising
follows: out of the festival,
(A) The festival will run from Thursday, July 15, 2004, (G) Permittees shall assume complete responsibility
to Sunday, July 18, 2004. (4 days) for conducting the festival in compliance with all laws and
(B) The hours of operation will be from I 1:00 AM to I ordinances applicable, and with all directives of the various
1:00 PM on Thursday, Friday, and Saturday, and from I 1:00 city departments, including Police, Fire, Street Sanitation,
AM to 10:00 PM on Sunday. Transportation, and Public Works;
(C) The Festival Committee shall control the area (H) Permission is hereby granted for the above under
bounded by Delaware Ave. from Linden Ave. to Tacoma such terms and conditions so as to protect the interest of the
Ave., Tacoma Ave. from Delaware Ave. to Colvin Ave., City of Buffalo, as set forth by the Special Events
Colvin Ave. from Tacoma Ave. to Linden Ave., Linden Ave. Committee.
from Colvin Ave. to Delaware Ave. PASSED
(D) Within the above area, the festival will operate AYES - 9 NOES - 0
from just west of Virgil Ave. to just east of Crestwood Ave.
shortening the operating area by approximately three blocks. NO. 100
(E) All large amusement rides and all games of SPONSOR: MR. COPPOLA
chance will be eliminated. CO-SPONSORS: MR. GRIFFIN, MR. BONIFACIO,
(F) Where and when possible, all residents and MR.GOLOMBEK
businesses on Hertel Ave. between Delaware Ave. and Virgil REQUEST BMHA DISCUSS ELIM COB’S CONTR OBLIG
Ave. will have access to their property. SUBSIDIZE OPER REFERRED TO THE COMMITTEE ON
(G) The Festival Committee will maintain the FINANCE DOUGLAS TOWERS
increased level and presence of security throughout the area WHEREAS: The City of Buffalo provided $550,000 to
agreed to by you and the Festival Board. the BMHA in the recently passed 2004-05 budget; and
(H) Electrical power provided by a private source will WHEREAS: The BMHA's Four Year Plan states that
eliminate large and noisy diesel generators with a whisper the City is obligated pursuant to Comer v. Kemp lawsuit to
quiet electrical generators which eliminate all hazardous pay a $535,000 operating subsidy to the owner of Frederick
wires crisscrossing the street. Douglass Towers; and
(1) The Festival Committee will be eliminating most WHEREAS: Frederick Douglass Towers has been
non-food vendors thereby re-focusing our attention on ethnic privatized by utilizing tax credits and is owned by Frederick
and cultural areas. Douglass Associates; and
Now, Therefore, Be It Resolved:
WHEREAS: Research by Council staff has Whereas: They are asking permission to hang a banner
determined that the Comer settlement obligates the City of across Main Street at Huntington Street from June 23 to July
Buffalo to provide $7 million for the redevelopment of 12, 2004 in order to promote the event; and
Frederick Douglass Towers over a several year period; and Whereas: The Great Lakes Water Sport Expo has contacted
WHEREAS: With the most recent bond sale by the the City of Buffalo Traffic Engineer and is aware of the
City which included $1.4 million for Frederick Douglass, the requirements for hanging a banner within the City of Buffalo.
City will fulfill its obligation as required under the Comer Now, Therefore, Be It Resolved:
settlement as it pertains to Frederick Douglass; and This Common Council supports the Great Lakes Water Sport
WHEREAS: The Comer settlement does not obligate Expo in its endeavor, and subject to the conditions set forth
the City to provide an operating subsidy for Frederick by the Department of Public Works, Parks, & Streets, grants
Douglass; and them permission to hang a banner across Main Street.
WHEREAS: In 1961 the City entered into a PASSED
contractual agreement with the State of New York which AYES - 9 NOES - 0
obligated the City to pay for the BMHA's State program's
deficit; and NO. 102
WHEREAS: On December 22, 1999, the City BY: MR. COPPOLA, MR. DAVIS, MR. FONTANA
entered into a contract which amended the 1961 agreement HOME RULE MESSAGE ASSEMBLY #6059-B SENATE
and obligated the City to pay $200,000 per year for Phase I BILL #2667-B "AN ACT TO ALLOW WILLIAM P. GRILLO
of the Frederick Douglass redevelopment; and TO FILE A REQUEST FOR TIER 11 STATUS IN THE NEW
WHEREAS: On October 19, 2000, the City amended YORK STATE AND LOCAL EMPLOYEES' RETIREMENT
the 1961 agreement again by reducing the City's payment SYSTEM WITH THE STATE COMPTROLLER."
for Phase I from $200,000 per year to $165,000 per year and Whereas: A Bill has been introduced in the New York State
adding a payment of $285,000 per year for Phase 11. As Assembly #6059-B and New York State Senate #2667-B to
the Phase payments are cumulative, the total cost to the City file a request for Tier 11 status in the New York State and
is $450,000 per year; and local employees' retirement system with the State
WHEREAS: On May 14, 2003 the agreement was Comptroller; and
amended again obligating the City to pay an amount of not Whereas: William P. Grillo is an employee of the City of
less than $1 00,000 per year for Phase III, bringing the City's Buffalo, who currently serves as Principal Planner and is a
obligation to $550,000 per year; and member of the New York State and Local Employees'
WHEREAS: The BIVIHA sought in 2001 and was Retirement System; and
provided permission to use their own State program Whereas: Previously, Mr. Grillo has held several titles as an
reserves to pay for their own State program deficit, relieving employee of the City of Buffalo. He worked for the Buffalo
the City of this financial responsibility; and Urban Renewal agency from December 27, 1977 to January
WHEREAS: In addition, the BIVIHA has transferred 11, 1999, and has worked as an Administrative Aide with the
ownership of State developments to the federal government City of Buffalo from April 3, 1975 to December 26, 1977; and
eliminating subsidy obligations to the City of Buffalo; and Whereas: For reasons not ascribable to his own negligence,
WHEREAS: The BIVIHA has a fund reserve totaling Mr. Grill did not file a membership application in such system
$8 million; and during April 3, 1975 to December 26, 1977. This legislation
WHEREAS: The City of Buffalo is in a fiscal crisis would grant William P. Grillo retroactive membership, as a
with a Control Board overseeing our operation; and Tier 11 member, and allow for reimbursement of all
WHEREAS: To prepare for next years budget now is employee retirement contributions; and
the time to begin discussions with the BIVIHA, to determine Whereas: Assembly #6059-B and Senate #2667-B will
if the BIVIHA ran enter into a new agreement with the City of change the date of membership of William P. Grillo, an
Buffalo, relieving the City of the obligation to pay $550,000 employee of the City of Buffalo, to April 3, 1975, thereby
per year to the BIVIHA. making him a Tier 11 member of the New York State and
Now Therefore Be It Resolved: Local Employee's Retirement System;
That the Council supports discussing with the BIVIHA the Now Therefore Be Resolved:
possibility of eliminating the City's contractual obligation to That the Common Council of the City of Buffalo hereby goes
pay $550,000 per year to subsidize the operation of on record in support of Assembly Bill #6059-B and Senate
Frederick Douglass Towers. Bill #2667-B, "An act to allow William P. Grillo to file a
Be It Further Resolved: request for Tier 11 status in the New York State and Local
That this item be referred to an appropriate Committee of the Employees' Retirement System with the State Comptroller,"
Council to address this issue and
REFERRED TO THE COMMITTEE ON BUDGET, THE Be it further resolved that:
CORPORATION COUNSEL AND THE BMHA That the City Clerk is hereby authorized and directed to
forward certified copies of this resolution and to send copies
NO. 101 thereof to the Home Rule Counsel of the Senate and the
BY: MR. COPPOLA Assembly and to Governor George Pataki, to Assembly
GRANT PERMISSION TO GREAT LAKES WATER SPORT Speaker Sheldon Silver, to the Assembly Majority Leader
EXPO TO HANG BANNER ACROSS MAIN STREET Paul Tokasz, to the Secretary of the Senate, to the Senate
Whereas: The Great Lakes Water Sport Expo is a non-profit Majority Leader Joseph Bruno, and to members of the
organization with 501 C-3 status; and Western New York Legislation delegation.
Whereas: They will be hosting their 2nd annual Great Lakes PASSED
Water Sport Expo from July 9 to July 11 at the Festival AYES - 9 NOES - 0
Grounds at The Pier; and
Whereas: This event is a great way to draw thousands of NO. 103
people to our waterfront area and is supported by many local SPONSOR: MR. COPPOLA
groups and organizations; and HOME RULE MESSAGE SENATE BILL #6522,
ASSEMBLY #10229, "AN ACT TO AUTHORIZE THE
TRANSFER OF THE BUFFALO ZOOLOGICAL GARDENS
FROM THE CITY OF BUFFALO TO THE COUNTY OF to own, maintain and run the water system. The
ERIE Town/Village has received funding to create a water district;
WHEREAS: A Bill has been introduced in the New and
York State Assembly #1 0229, and New York State Senate WHEREAS: The bid price received at public auction
#6522 to authorize the transfer of the Buffalo Zoological was $371,000 for approximately 650 acres, the hospital and
Gardens from the City of Buffalo to the County of Erie; and support structures; and
WHEREAS: In December, 2003 the Common WHEREAS: The State has offered the City of Buffalo
Council authorized the City of Buffalo to enter into a Twenty-Five percent (25%) of the purchase price($92,750) in
Regional Assets Sales Agreement with the County of Erie for exchange for the City's release of it's reversionary interest;
the transfer of the Buffalo Zoological Gardens, Shea's and
Performing Arts Center and Kleinhan's Music Hall; and WHEREAS: The Common Council believes that the
WHEREAS: In order to implement the Regional offer from the State of New York for the City's release of it's
Assets Sales Agreement, State enabling legislation is reversionary interest in the Perrysburg Property to be
needed to authorize the transfer of the Buffalo Zoological unreasonable;
Gardens from the City of Buffalo to the County of Erie; and NOW THEREFORE BE IT RESOLVED:
WHEREAS: A Home Rule Message approved by the That the Corporation Counsel and the Director of Real
Common Council is necessary for the State of New York to Estate be authorized to negotiate more equitable terms and
pass the legislation; and conditions for the release of the City of Buffalo's interest in
WHEREAS: A Home Message was approved by the the Perrysburg Property and report back to the Common
Common Council on March 30, 2004, and since that time Council the results of their negotiations for review and
Assembly Bill #10229 and Senate Bill # 6522 has been approval.
amended, as such a new Home Rule Message by the PASSED
Common Council is necessary. AYES - 9 NOES – 0
Now Therefore Be It Resolved:
That the Common Council of the City of Buffalo hereby goes NO. 105
on record in support of the amended Assembly Bill #10229, BY: MR. DAVIS
and amended Senate Bill #6522, "An act to authorize the TRANSFER OF FUNDS
transfer of the Buffalo Zoological Gardens from the City of END OF YEAR TRANSFERS
Buffalo to the County of Erie; and That pursuant to §20-12 of the Charter and the Certificate
Be It Further Resolved That: of the Mayor and the Comptroller submitted to the Common
The City Clerk is hereby authorized and directed to forward Council, the sum of $272,931.00 be and the same is hereby
certified copies of this resolution and to send copies thereof transferred from various accounts and said sums are hereby
to the Home Rule Counsel of the Senate and the Assembly reappropriated as set forth below:
and to Governor George Pataki, to Assembly Speaker From:
Sheldon Silver, to the Assembly Majority Leader Paul 17301001-411002 Duty Disability $130,000.00
Tokasz, to the Secretary of the Senate, to the Senate 17301002 - 421003 Group Life Insurance $ 85,000.00
Majority Leader Joseph Bruno, and to members of the 17303002 - 423003 Police Pension $ 34,000.00
Western New York Legislative delegation. 17303002 - 423004 Fire Pension $ 23,931.00
PASSED To:
AYES –BONIFACIO, COPPOLA, FONTANA, FRANCZYK, 10871006 - 443400 Maintenance Contracts $ 23,350.00
GOLOMBEK, GRIFFIN, RUSSELL, THOMPSON - 8 NOES 11412001 - 41 1001 Salaries – Regular $ 32,176.00
– DAVIS - 1 11412001 - 413001 Overtime $ 43,405.00
11781005 - 462600 Gas & Lube $174,000.00
NO. 104 PASSED
BY: MR. COPPOLA, MR. GRIFFIN AYES –BONIFACIO, COPPOLA, FONTANA, FRANCZYK,
AUTHORIZATION TO PROCEED WITH NEGOTIATIONS GOLOMBEK, GRIFFIN, RUSSELL, THOMPSON - 8 NOES
PERTAINING TO THE PERRYSBURG – DAVIS - 1
ABANDOMENT/SALE J.N. ADAMS HOSPITAL
WHEREAS: In the 1920's the City Of Buffalo NO. 106
constructed and operated the J.N. Adams Hospital on 675 BY: MR. DAVIS
acres of land in the Town/Village of Perry for the treatment PERMISSION TO HANG A BANNER ACROSS W.
and care of Tuberculosis; and CHIPPEWA STREET
WHEREAS: In 1960 the City of Buffalo conveyed all Whereas: The Chippewa Entertainment District
lands and buildings in the Town and Village of Perrysburg Association would like to advertise the Fourth of July
New York, known as the J. N. Adams Hospital, to the State Concert for the Goo Goo Dolls to be held in Niagara Square;
of New York to be operated by the Department of Mental and
Hygiene for the care and treatment of mentally disabled Whereas: In order to promote the event, the
patients; and Chippewa Entertainment District Association is requesting
WHEREAS: The conveyance was subject to the City permission to hang a banner from the cable wires located at
of Buffalo's right of reversion should the State abandon it's 85 W. Chippewa Street (Barrel House) to 88 W. Chippewa
use of the property; and Street (Crocodile Building); and
WHEREAS: The State of New York has notified the Whereas: The Chippewa Entertainment District
City of Buffalo of it's discontinued use and sale, through Association has obtained the permission of the businesses
public auction, of the Hospital, support structures and 650 which will have the banner affixed to their structures.
acres of land; and Now, Therefore, Be It Resolved:
WHEREAS: The State has also advised the City that That the Common Council of the City of Buffalo grants
it wishes to retain approximately 25 acres where six permission to the Chippewa Entertainment District
residential style homes for the mentally disabled were Association to hang the banner to advertise the Goo Goo
recently built and transfer title of approximately 8 acres and Dolls concert; and
the potable water system to the Town/Village of Perrysburg Be It Further Resolved:
That said banner will hang across W. Chippewa Street from New York 14202 to 665 Main Street, Buffalo, New York
June 23, 2004, through July 5, 2004; and 14203, located in the Empire Zone
Be It Finally Resolved: Be It Further Resolved:
That the Chippewa Entertainment District Association will That certified copies of this resolution be forwarded to
purchase the necessary bond before the banner is hung and Goldberg Segalla, LLP and the Buffalo Economic
said banner meets all the requirements of pertinent City Renaissance Corporation.
departments and that no existing laws are violated. PASSED
PASSED AYES - 9 NOES - 0
AYES - 9 NOES - 0
NO. 109
NO. 107 BY: MR. FONTANA
SPONSOR: BRIAN C. DAVIS, ELLICOTT DISCHARGE LEGISLATION COMMITTEE
DISTRICT ITEM #30 C.C.P. MAY 25,2004
SALE OF MAIN PLACE MALL PARKING RAMP "TRI-MAIN DEV.-REQ. USE OF PHELPS ST. FOR
WHEREAS: The City of Buffalo finds itself in an PARKING (PW) (MASTEN)
historic financial crisis in all areas of the City and sectors of Whereas: The above item is currently in the Legislation
the Community; and Committee; and
WHEREAS: The City of Buffalo must make all efforts Whereas: It is no longer necessary for this item to be
to maximize the potential of the many assets owned and Considered by that committee
controlled by the City; and Now, Therefore Be it Resolved:
WHEREAS: The City of Buffalo owns a limited That this Common Council does hereby discharge the
interest in an asset known as the Main Place Ramp, located Legislation Committee from further consideration of Item 30,
beneath the Main Place Mall; and C.C.P. May 25, 2004, "Tri-Main Dev.-Req. Use of Phelps St.
WHEREAS: The City of Buffalo's limited interest in for Parking (PW) (Masten)" and said item is now before the
the Main Place Ramp will expire in the year 2019; and Common Council for its consideration.
WHEREAS: An offer has been submitted to the City The annual license fee will be set by establishing the Face
of Buffalo to purchase the limited interest held by the City of Market Value of the parcel at two dollars and fifty
Buffalo in the Main Place Ramp; and cents($2.50) a sq. ft. for the City right of way. The market
WHEREAS: The offer to buy the City of Buffalo's value will be multiplied by a rate of return of ten percent
limited interest in the Main Place Ramp would provide (10%).
significant revenue to the City of Buffalo now while ADOPT DISCHARGE APPROVE AS AMENDED
maintaining the future expected revenue stream from the PASSED
Ramp; AYES - 9 NOES - 0
NOW, THEREFORE, BE IT RESOLVED: NO. 110
That the Common Council for the City of Buffalo does BY: MR. GOLOMBEK
hereby resolve to review and consider the offer to purchase DISPOSITION OF GARBAGE TOTES
the City of Buffalo's limited interest in the Main Place Parking Whereas: City of Buffalo property owners pay a
Ramp. "User Fee" to an enterprise fund that supports solid waste
NOW THERE FOR BE RESOLVED: collection in the City of Buffalo; and,
That a task force be established to address the concerns Whereas: The "User Fee" is partially based upon the size of
raised regarding the sale of the Main Place Parking Ramp. garbage tote that residents utilize; and,
BE IT FURTHER RESOLVED: Whereas: Many residents that have had totes stolen or
In a addition to addressing concerns raised in this resolution broken have reported that they are being asked to wait as
that the established task force address concerns long as 12 weeks for replacement totes;
surrounding all parking issues relevant to the City of buffalo Now, Therefore, Be It Resolved:
BE IT FINALLY RESOLVED: This Common Council requests that the Department of
That a copy of said resolution be forwarded to the Mayors Public Works, Parks and Street Sanitation file a report with
office, Board of Parking, Buffalo Place and The Buffalo this Council answering the following questions:
Fiscal Stability Authority. Why are there no totes available?
REFERRED TO THE COMMITTEE ON FINANCE When will replacements be coming in?
What is the root of the delay in replacing cans?
NO. 108 Is the Enterprise Fund unable to finance the replacement
BY: BRIAN C. DAVIS totes and if so why; and,
SHIFT OF OPERATION INTO AN EMPIRE ZONE Be It Finally Resolved:
Whereas: The Goldberg Segalla, LLP, is relocating This Common Council request the report be filed by the
its business from 120 Delaware Avenue to 665 Main Street; Department of Public Works, Parks and Street Sanitation be
and filed in the City Clerk's office by 2:00 PM July 1st, 2004.
Whereas: The relocation will allow Goldberg REFERRED TO THE COMMITTEE ON FINANCE , THE
Segalla, LLP to expand its operations and increase the DIVISION OF CITIZEN SERVICES AND THE
number of its employees; and COMMSSIONER OF PUBLIC WORKS
Whereas: 665 Main Street is located in within the
Empire Zone; and NO. 111
Whereas: The City of Buffalo recognizes that BY MR. GOLOMBEK AND ALL COUNCILMEMBERS
extraordinary circumstances exist to war-rant the relocation REQUEST REGULAR ERIC COUNTY SHERIFF PATROLS
of Goldberg Segalla, LLP, into the City of Buffalo Empire IN BUFFALO
Zone and supports this action; and Whereas: During a recent meeting of Buffalo
Now Therefore Be Resolved That: Fiscal Stability Board Erie County Executive Joel Giambra
That the City of Buffalo consents to the relocation of stated that the City of Buffalo makes up 25% of Eric County's
Goldberg Segalla, LLP, from 12O Delaware Avenue, Buffalo, population and contributes 25% of the property tax levy, and
Whereas: Many of the communities within Erie County that That The Common Council hereby requests and authorizes
contribute significantly less to the county coffers rely solely the City of Buffalo to change the name of Cazenovia
on the Erie County Sherifls Department for law enforcement Parkway to "Warren Spahn Way"; and
services such as regular patrols. While contributing 25% of Be It Further Resolved:
the property taxes paid to the county the City of Buffalo has That this resolution be forwarded to the Department of Public
not received 25% of the resources of the Erie County Works to carry out this requested name change.
Sheriffs Department in the City of Buffalo, and REFERRED TO THE COMMITTEE ON LEGISLATION,
Whereas: In the past the Police Benevolent Association, COMMISSIONER OF PUBLIC WORKS, PARKS AND
representing the members of the Buffalo Police Department, STREETS, COMMISSIONER OF POLICE,
has feared that the use of the deputies will set a precedent COMMISSIONER OF FIRE, AND OFFICE OF DISASTER
that will allow the elimination of police positions in the city PREPAREDNESS.
budget. A "No Layoff' clause negotiated into the latest
contract for the PBA should allay those fears, and NO. 113
Whereas: When the actual amount of money paid to the BY: MRS. RUSSELL
county by each community is taken into consideration many APPOINTMENT OF LEGISLATIVE AIDE & SENIOR
inequities in levels of service becomes apparent. The LEGISLATIVE ASSISTANT - UNIVERSITY DISTRICT
utilization of the Erie County Sheriffs Department is no OFFICE
exception. Whereas: The University District office has one Legislative
Whereas: Regional events such as the Buffalo Bills games Assistant position vacant as
receive traffic control from the Erie County Sheriff s of May 10, 2004;
Department at no cost to Orchard Park. This is appropriate Now, Therefore, Be It Resolved:
because the Bills are a regional attraction and it is cost That SANDRA D. MUNSON, 187 Martha Avenue, Buffalo,
prohibitive for the host municipality to solely handle traffic New York 14215, be appointed Legislative Aide to the
control. These factors are the same for events at the HSBC University District Office of Councilmernber Bonnie E.
Arena, the events at the arena are not exclusive to City of Russell, effective June 7, 2004;
Buffalo residents, and in fact the majority of attendees at And Be It Further Resolved:
most events are from the surrounding region. The events That JOANN B.COLE, 202 Rounds Avenue, 13uffalo, New
are regional attractions and it is becoming cost prohibitive for York 14215 be appointed Senior Legislative Assistant to the
the City of Buffalo to continue to provide traffic control. The University District office of Councilmember Bonnie E.
E.C. Sheriffs should provide this service at 14SBC for no Russell, effective June 7, 2004.
cost as well. ADOPTED
Be It Resolved:
That this Common Council, in the spirit of regional NO. 114
cooperation, moves for an agreement between the City of BY: MRS. RUSSELL & MR. GOLOMBEK
Buffalo and the County of Erie that will have the Erie County INCREASING THE PUBLIC'S KNOWLEDGE OF
Sheriffs Department providing regular neighborhood patrols BUFFALO ECONOMIC
as a supplement to the Buffalo Police Department RENAISSANCE CORPORATION (BERC) LOAN
Be It Finally Resolved: PROGRAMS
This Honorable Body requests that the City Clerk forward Whereas: The Buffalo Economic Renaissance Corporation
copies of this resolution, for comment, to the Mayor of (BERC), which is partially funded with CDBG funds, is one of
Buffalo, the Erie County Executive, The Commissioner of the the economic tools of the City of Buffalo and is charged with
Buffalo Police Department, the Erie County Sheriff and the the administration of the loan programs to businesses in the
Erie County Legislature. City of Buffalo; and
ADOPTED Whereas: BERC administers loan programs ranging from
$25,000 up to $300,000 on behalf of the City of Buffalo;
NO. 112 Currently BERC offers the following loan programs to Buffalo
BY: MR. GRIFFIN residents and
REQUEST STREET NAME CHANGE OF CAZENOVIA businesses: BERC Business Loan, BERC
PARKWAY TO "WARREN SPAHN WAY" Neighborhood Micro Enterprise Loan, Federal Enterprise
Whereas: Warren Edward Spahn was born in Community Loan, CDBG Float Loan, HUD Section 108
Buffalo, NY on April 23, 1921; and Loan, EDA Title IX Loan, Permanent Working Capital Loan,
Whereas: Spahn played baseball on the streets and in the SBA Micro Loan, Live Zone Loan and the CARE Program;
parks in south Buffalo during his youth; and and
Whereas: Spahn served in the United States Amy, earning a Whereas: The Minority Contractor Loan Program is
Purple Heart and a Bronze Star for bravery; and administered by BERC on behalf of the City of Buffalo and
Whereas: Spahm pitched for 21 seasons in the Ma or Erie County, targets increased employment opportunities for
Leagues; and minority construction firms. The program provides short-
Whereas: Spahn pitched for the Boston Braves in the World term working capital for labor, supplies and related soft
Series Championship in 1948, and for the Milwaukee Braves costs, as well as bid deposits for construction projects both
in 1957 and 1958; and public and private throughout Erie and surrounding counties;
Whereas: Spahn won 20 games or more in 13 seasons and and
won more games than any other left handed pitcher in Major Whereas: BERC also has the responsibility for administrating
League Baseball history; and the other public loan programs such as the Statewide ZCC
Whereas: Spahn finished his career with 363 wins, which Loan program and the RDC 50/50 Minority, Women & Start-
rank him 6th all time in Major League Baseball history; and up Business Loan program, which offers loans from
Whereas: Warren Spalm was inducted in the Baseball Hall of $150,000 to $250,000 to eligible businesses; and
Fame in Cooperstown, NY in 1973; and Whereas: BERC in using the theme "Buffalo Means
Now, Therefore, Be It Resolved: Business" has set up the following outreach programs in the
community by operating a Small Business Resource Center
at the Apollo, holding monthly meetings in various locations
for Minority and Women contractors, and has set up in 2 Laborer 1 $ 22,297 - $ 25,334
conjunction with Canisius College an Entrepreneurial To:
Assistance Program (EAP), which is a 13 week EAP course 2 Laborer 11 $ 24,420 - $ 27,833
to assist business owners with development of sound 1 Laborer 1 $ 22,297 - $ 25,334
business and marketing plans; and This is to be effective July 1, 2004.
Whereas: Although, the Buffalo Common Council supports IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the
the efforts of BERC, there is still a need to do more to rise Charter, that the immediate passage of the foregoing
the consciousness of the general public to BERC's activities ordinance is necessary.
and programs that are available to assist the residents and We, JOSEPH N.GIAMBRA, COMMISSIONER OF PUBLIC
businesses in the City of Buffalo, during these uncertain and WORKS, PARKS & STREETS AND MICHAEL A. SEAMAN
challenging economic times; DIRECTOR OF BUDGET, hereby certify that the above
Now, Therefore, Be It Resolved That: change is necessary for the proper conduct, administration
This Common Council requests the Buffalo Economic and performance of essential services of that department.
Renaissance Corporation (BERC) prepare and submit to this We recommend that the compensation for said position be
Council a report detailing all outreach and marketing fixed at the respective amount set forth in the foregoing
strategies currently being employed by BERC, and any ordinance
future strategies that could be utilized, such as, i.e. hosting APPROVED AS TO FORM
weekly or monthly shows on Cable access to market BERC CORPORATION COUNSEL
to the general public, and 06/18/2004
Be It Further Resolved That: PASSED
The Buffalo Economic Renaissance Corporation file a report AYES - 9 NOES - 0
with the Buffalo Common Council within one month detailing
the above referenced request, and NO. 117
Be It Finally Resolved That: BY MR. THOMPSON
A copy of this resolution be forwarded to the Buffalo FELICITATIONS/IN MEMORIAM
Economic Renaissance Corporation Attached hereto are Felicitation and In Memoriam
REFERRED TO THE COMMITTEE ON COMMUNITY Resolutions sponsored by Members of the Common Council
DEVELOPMENT, THE BERC AND THE DIRECTOR OF as indicated:
STRATEGIC PLANNING Felicitation for Marion Canedo
By Councilmember Russell
NO. 115 Felicitation for Deborah Houck
BY: MS. R.USSELL By Councilmember Coppola, Franczyk, Michaux
BUDGET AND PERSONNEL AMENDMENT Felicitation for Marion Canedo
14 - PARKING ENTERPRISE By Councilmember Franczyk, Michaux
1079 - ADMINISTRATIVE SERVICES Felicitation for Danny Glover
From: By Councilmember All Councilmembers
51008207 - 470010 BCAR Capital Reserves $ 47,750.82 Felicitation for Bflo Club of the National Assoc. of Negro
To: Business and Professional Womans Club Inc
51000791- 411001 Salaries $ 30,114.00 By Councilmember Thompson, Franczyk, Michaux
51000791-414007 Perfect Attendance 432.00 ADOPTED
51000791 - 414001 Longevity 1,375.00
51008012-421002 Active Health Insurance 8,982.72 NO. 118
51008022 - 422000 FICA 2,442.00 BY: ANTOINE M. THOMPSON
51008032 - 423001 Retirement NYSERS 4,405.10 APPOINTMENTS
$ 47,750.82 COMMISSIONER OF DEEDS
1 Senior Stenographer $ 26,861 - $ 30,114 That the following persons are hereby appointed as
This is to be effective July 1, 2004. Commissioner of Deeds for the term ending December 31,
IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the 2004, conditional, upon the person so appointed certifying
Charter, that the immediate passage of the foregoing under oath to their qualifications and filing same with the City
ordinance is necessary. Clerk:
We, JAMES B. MILROY Ph.D., COMMISSIONER OF Mark Meyerhofer Bruce Sprague
ADMINISTRATION & FINANCE AND MICHAEL A. Total: 2
SEAMAN DIRECTOR OF BUDGET, hereby certify that the ADOPTED
above change is necessary for the proper conduct,
administration and performance of essential services of that NO. 119
department. We recommend that the compensation for said ANNOUNCEMENT OF COMMITTEE MEETINGS
position be fixed at the respective amount set forth in the The following meetings are scheduled. All meetings are
foregoing ordinance held in the Common Council Chambers, 13 1h floor City
APPROVED AS TO FORM Hall, Buffalo, New York, unless otherwise noted.
CORPORATION COUNSEL Regular Committees
PASSED Committee on Claims Wednesday, June 23, 2004 at
AYES - 9 NOES - 0 9:00 o'clock A.M.
Committee on Civil Service Tuesday, June 29, 2004 at 9:30
NO. 116 o'clock A.M.
BY: MS. RUSSELL Committee on Finance Tuesday, June 29, 2004 at 10:00
BUDGET AND PERSONNEL AMENDMENT o'clock A.M. following Civil Service
31- ENGINEERING Committee on Legislation Tuesday, June 29, 2004 at 2:00
213 BRIDGES o'clock P.M.
From: Committee on Comm. Dev. Wednesday, June 30,2004 at
Laborer 11 $ 24,420 - $ 27,833 10:30 o'clock A.M.
Special Committees
Legislation Committee Wednesday, June 23, 2004 at Dear Mr. Michaux:
10:30 o'clock A.M. in
Room 1417 City Hall on Buffalo Special Police. Pursuant to Section 3.9 of the Charter of the City of Buffalo,
Legislation Committee Wednesday, June 23, 2004 at upon the written request of Five Councilmembers, dated
12:00 o'clock P.M. in June 17 2004 presented to you herewith, I hereby call a
Room 1417 City Hall on Ord. Amendment Chapter 175-Special Meeting of the Common Council, to be held in the
Fees on Permits Council Chambers, City Hall, Buffalo, New York, on June 18
Finance Committee Thursday, June 24, 2004 at I 1:00 2004 at 1: 00 P - M - for the following purposes:
o'clock A.M. in To receive and take appropriate action on
Room 1417 City Hall on Parking Issues. All Items Relating To
Education Committee Wednesday, June 30, 2004 at 1 . Home Rule Message - Traffic Adjudication
2:00 o'clock P. M. in Yours very truly,
Council Chambers. .David A. Franczyk
Bi-National Bridge Committee Thursday, July 1, 2004 at 2:00 President of the Council
o'clock P.M. in
Room 1417 City Hall. June 17, 2004
(Public Disclaimer): All meetings are subject to change and Hon. David A. Franczyk
cancellation by the respective Chairmen of Council President Common Council
Committees. In the event that there is sufficient time given 1315 City Hall
for notification, it will be provided. In addition, there may be Buffalo, New York
meetings set Lip whereby the Cily Clerk's Office is not made Dear Sir:
aware; therefore, unless we receive notice from the WE, the undersigned, members of the Common Council,
respective Chairmen, we can only make notification of what hereby request that you call a Special Meeting of the
we are made aware. Common Council and waive the 24 hour notice, pursuant to
Section 3.9 of the Charter of the City of Buffalo, far the
NO. 120 following purpose:
ADJOURNMENT To receive and take appropriate action on
On a motion by Mr. Coppola, Seconded by Mr. Bonifacio the All items pertaining to
Council adjourned at 3:30 pm 1. Home Rule Message - Traffic Adjudication
CHARLES L. MICHAUX, III We request that this Special Meeting be held on June 18,
CITY CLERK 2004 at
NO. 1 1:0 0 P M
CALL FOR SPECIAL SESSION MARC COPPOLA
OFFICE OF THE CITY CLERK BONNIE RUSSELL
CHARLES L. MICHAUX III, CIVIC DAVID FRANCZYK
City Clerk DOMONIC BONIFACIO
Records Management Officer RICHARD FONTANA
Registrar of Vital Statistics
ROOM 1308 CITY HALL Pursuant to Rule 2 of the Rules of Order of the Common
BUFFALO, NEWYORK 1420 Council of the City of Buffalo, each of the following named
851-5431 members of the Common Council, to wit:
FAX: 851-4845 DOMINIC BONIFACIO
GERALD A. CHWALINSKI BRIAN DAVIS
Deputy City Clerk JOSEPH GOLOMBEK
MARRIAGE OFFICERS BONNIE E. RUSSELL
June 17, 2004 MARC COPPOLA
TO EACH MEMBER OF THE COMMON COUNCIL: RICHARD FONTANA
YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 JAMES D. GRIFFIN
of the Charter of the City of Buffalo, upon the written request ANTOINE THOMPSON
of Five Councilmembers, dated June 17, 2004, DAVID A.
FRANCZYK, President of the Common Council, has called a hereby agrees that twenty-four (24) hours' notice be waived
Special Meeting of the Common Council, to be held in the of the time and purpose of the Special Meeting of the
Council Chambers, City Hall, Buffalo, New York, on Friday, Common Council duly called to he held on June 18, 2004 at
June 18, 2004 at 1: 00 P M for the following purpose: 1: 00 P M
To receive and take appropriate action on all items relating
to MARC COPPOLA
1. Home Rule Message - Traffic Adjudication BONNIE RUSSELL
DAVID FRANCZYK
Yours very truly, DOMONIC BONIFACIO
Charles L. Michaux III RICHARD FONTANA
City Clerk JOSEPH GOLOMBEK
JAMES GRIFFIN
CITY OF BUFFALO ANTOINE THOMPSON
June 17 2004 BRIAN DAVIS
STATE OF NEW YORK
Mr. Charles L. Michaux, III COUNTY OF ERIE) ss:
City Clerk CITY OF BUFFALO)
1308 City Hall
Buffalo, New York
On this 17th day of June 2004, before me, the subscribers, I transmit herewith the Pension Payroll for the Police
personally Pension Fund for the months of June 2004 amounting to
appeared $7,500.00 and request that checks be drawn to the order of
the persons named herein for the amounts stated.
To me known to be the same persons described in and who Adopted.
executed the foregoing instrument, and they duly and Ayes-3. Noes-0.
severally acknowledged to me that they executed the same.
GERALD CHWALINSKI NO. 3
Commissioner of Deeds, in and for the City of Buffalo, N.Y. On motion by Mr. Franczyk, the City of Buffalo Police and
My Commission expires 12/31/04 Fire Pension Board Meeting adjourned at 11:10 a.m.
N O. 2
BY: MR COPPOLA
HOME RULE MESSAGE BUFFALO TRAFFIC
ADJUDICATION
Home Rule Message S 13 09 and Al 815 An act to amend
the Vehicle and Traffic Law, in relation to directing the City of
Buffalo to adjudicate traffic infractions
Whereas: Currently the State of New York adjudicates all
traffic violations in the City of Buffalo; and
Whereas: If the City of Buffalo- adjudicated traffic infractions,
the City of Buffalo would implement a system to allow traffic
violators to plan bargain, which could lead to traffic school-
and
Whereas: This system would have two (2) benefits in that
traffic school would produce safer drivers on City of Buffalo
streets and reduced insurance rates for City of Buffalo
drivers as the number of points accrued on the license are
eliminated or reduced; and
Now Therefore Be Resolved:
That the City of Buffalo, does hereby request- the enactment
into law Senate Bill S1309 and Assembly Bill A1815, "An act
to amend the Vehicle and Traffic Law in relation- to, directing
the City of Buffalo- to, adjudicate traffic infractions7 and Be it
further resolved that:
The -City Clerk is hereby authorized and directed to certify
passage- of this resolution and to send copies thereof to the
Home Rule Counsel of the Senate and the Assembly and to
the-members of the Western-New York delegation of the
State Legislature.
PASSED
AYES - 7 NOES – 0
NO. 3
ADJOURNMENT
On a motion by Mr. Coppola, seconded by Mr. Fontana the
Council
adjourned at 1:30 pm
ADOPTED.
BOARD OF POLICE AND FIRE PENSION PROCEEDINGS
#6
COUNCIL PRESIDENT'S OFFICE-1315 CITY HALL
JUNE 17, 2004
Present: Andrew Sanfilippo, Comptroller, Michael Risman,
Corporation Counsel; David A. Franczyk, Council President-
3
Absent: Anthony M. Masiello, Mayor-I
The Journal of the last meeting was approved.
NO. I
I transmit herewith the Pension Payroll for the Fire Pension
Fund for the months of June 2004 amounting to $9,815.24
and request that checks be drawn to the order of the
persons named herein for the amounts stated.
Adopted
Ayes-3. Noes-0.
NO. 2