HomeMy WebLinkAbout04-0525-ss0521
No. 11
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
May 25, 2004
PENSION PAYROLL
May 20, 2004
SPECIAL SESSION
May 21, 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
The inspection requests are an inputting or recording
problem, where the inspectors enter the results of their
COMMON COUNCIL inspections into the City's Hansen computer system and a
CITY HALL - BUFFALO second entry must be made into the City's STS (Services
TUESDAY, MAY 25TH Tracking System) system, in order to close out the
AT 2:00 P.M. inspection request.
I have met with the two- (2) system analysts from
PRESENT – David A. Franczyk, President of the Management Information Systems, (M.I.S.), to ask if the
Council, and and Council Members Bonifacio, Coppola, Hansen system can communicate with the S.T.S. system, so
Davis, Fontana, Golombek, Griffin, Russell and that only one(1) entry has to be made on each inspection.
Thompson – 9. M.I.S. will be attempting some changes to determine if a
one- (1) entry system can be accomplished. If a single entry
ABSENT - None. system isn't possible, they have offered to provide additional
training to the Citizen Services Complaint Clerks/ service
On a motion by Mr. Coppola seconded by agents, on using the Hansen system to close out inspection
Mr.Fontana, the minutes of the stated meeting held on requests.
May 11, 2004 were approved. The other major category of open service requests, pertains
directly to the availability of 95-gallon garbage totes, of
FROM THE MAYOR which, we do not have new containers of that size in stock.
FROM THE MAYOR - EXECUTIVE DEPARTMENT Two- (2) truckloads of 400-95 gallon totes are on order and
FROM THE OFFICE OF CITIZEN SERVICES the backlog can be filled within two- (2) weeks of receipt of
NO. 1 the shipment.
MONTHLY REPORT FROM THE DIVISION OF CITIZEN Consequently, because of the tote backlog, only 53% of the
SERVICES APRIL 2004 1,873 service requests were closed within 30 days- with the
Dear Members of the Buffalo Common Council: delivery of the totes, the close out rate increases to 82%.
Attached for your review is the following: (1) Chart of service Lastly, with improvements in tracking the inspection
calls for April 2004, (2) Chart of services calls for April requests, the service request rate will easily exceed 90% in
2003-for comparative purposes, and (3) A chart of the March a 30-day reporting period.
2004 open calls after 30 days, as requested by Council If you have any questions regarding the information in this
Member Thompson. report, I can be reached at 851-5307.
As you will see, two- (2) major areas of service Sincerely,
calls-Inspections and Garbage tote related calls have a very REFERRED TO THE COMMITTEE ON FINANCE
high percentage of open or unresolved status after 30 days.
FROM THE CITY PLANNING BOARD The applicant seeks encroach the right-of-way with a 241x8l
NO. 2 sidewalk caf6 located at 5 Genesee Street. Under SEQR the
S. DOCTOR proposed sidewalk caf6 is considered an unlisted action
830 ABBOTT ROAD which may be studied through uncoordinated review.
SIDEWALK CAFE The Planning Board voted to approve the proposed sidewalk
ITEM NO. 28, C.C.P. 5/11/2004 caf6 with the following conditions:
The City Planning Board at its regular meeting held 1. No outside music.
Tuesday, June 5,2001, considered the matter captioned 2. No outside trash receptacles.
above pursuant to Section 413-59 of the Buffalo Code, 3. Closing of the patio at 11 PM Sunday through Thursday
Sidewalk cafes. and 1 AM
The applicant seeks to encroach the right-of-way with a Friday and Saturday.
4.51X251 sidewalk cafe at 830 Abbott Road. Under SEQR RECEIVED AND FILED
the proposed sidewalk cafe is considered an unlisted action
which may be studied through uncoordinated review. NO. 5
The Planning Board voted to recommend approval of the THE SIDEBAR
sidewalk caf6 with the following conditions: 1457-1459 HERTEL AVE.
1. Removal of the sidewalk caf6 on the Woodside Street side SIDEWALK CAFE & OUTDOOR PATIO
prior to operation of the Abbott Road side caf6. ITEM NO. 53, C.C.P. 5/11/2004
2. No outside music and trash receptacles. The City Planning Board at its regular meeting held
3. Closing no later than 11:00 P.M. Tuesday, May 18, 2004, considered the matter captioned
4. At least 4 feet of on obstructed sidewalk is to remain after above pursuant to Section 413-59 and 511-59 of the Buffalo
the caf6 is installed Code, Sidewalk cafes and Hertel Avenue District,
RECEIVED AND FILED respectively.
The applicant seeks use an existing 81x491 sidewalk cafe at
NO. 3 1459 Hertel Ave. installed by the previous operator of the
S. MAYNARD restaurant and install a 181x261 outdoor patio at the rear of
765 ELMWOOD AVE. the property. Under SEQR the proposed sidewalk cafe is
SIDEWALK CAFE ENCROACHMENT considered an unlisted action which may be studied through
ITEM NO. 54, C.C.P. 5/11/2004 uncoordinated review.
The City Planning Board at its regular meeting held The Planning Board voted to approve the proposed sidewalk
Tuesday, May 18, 2004, considered the matter captioned cafe with the following conditions:
above pursuant to Section 413-59 and 511-56 of the Buffalo 1. No outside music
Code, Sidewalk cafes and Elmwood Avenue Business 2. No outside trash receptacles
District, respectively. 3. The sidewalk cafe close daily at 11 PM.
The applicant seeks to encroach the right-of-way with an The Planning Board also voted to approve the rear outdoor
existing 151x8.51 sidewalk cafes in front of the business patio with these conditions:
located at 765 Elmwood Avenue and is requesting a 1. A 71 foot stockade fence is to be installed separating the
permanent 101x401' Irregular shaped sidewalk caf6 on the operators property from all other properties abutting the rear
Cleveland Street side of the property. Under SEQR the outdoor patio
proposed sidewalk cafe is considered an unlisted action 2. Closing of the rear outdoor patio at 8:00 p.m. daily
which may be studied through uncoordinated review. 3. No outside music and trash receptacles
The Planning Board voted to recommend approval of the 4. Approval is for one year only and requires re-review.
sidewalk café on the Elmwood Street side with the following RECEIVED AND FILED
conditions:
1. No outside music is allowed NO. 6
2. Closing at 11 p.m. BIRCHFIELDS
3. No outside trash receptacles 1435 MAIN ST.
The Planning Board also voted to approve the Sidewalk caf6 SIDEWALK CAFE
on the Cleveland Street side of the property with the ITEM NO. 50, C.C.P. 5/11/2004
following conditions: The City Planning Board at its regular meeting held
1. The patio is not in any shape or form a permanent Tuesday, May 18, 2004, considered the matter captioned
structure encroaching the right-of-way above pursuant to Section 511-79.5 and 413-59 of the
2. No outside music or trash receptacles are allowed Buffalo Code, Transit Station restricted uses and Sidewalk
3. Closing of the caf6 at 9 p.m. on weekdays and 11 p.m on Cafes, respectively.
weekends The applicant seeks to place a sidewalk caf`4 301x6l mostly
4. Potted plantings be incorporated into the west end of the on private property along the front an existing restaurant at
caf6 to provide screening from the residential uses on 1435 Main Street. Under SEQR the proposed sidewalk caf`6
Cleveland Avenue is considered and unlisted action which may be studied
RECEIVED AND FILED through and uncoordinated review.
The Planning Board voted to approve the proposed sidewalk
NO. 4 cafe with the following conditions:
BUFFALO RED HOTS 1. No outside music is allowed
5 GENESEE ST. 2. There is not to be any outside trash recepticles
SIDEWALK CAF6 3. Closing time will be 11:00 p.m. daily
ITEM NO. 29, C.C.P. 5/11/2004 RECEIVED AND FILED
The City Planning Board at its regular meeting held
Tuesday, May 18, 2004, considered the matter captioned NO. 7
above pursuant to Section 413-59 of the Buffalo Code, MCMONKEEZ
Sidewalk cafes. 75 W. CHIPPEWA ST.
SIDEWALK CAF46
NO. 19, C.C.P. 4/27/2004 The Office of Strategic Planning, Division of Real Estate,
The City Planning Board at its regular meeting held has received a request from Elaine T. Blyden, President of
Tuesday, May 18, 2004, considered the matter captioned Bob Lanier Center located at 157 Homestead, Buffalo, New
above pursuant to Section 413-59 of the Buffalo Code, York to purchase School 8 located at 165 East Utica. The
Sidewalk cafes. purpose of the acquisition is to house their After School Drop
The applicant seeks encroach the right-of-way with an Out Prevention Program and Success Academy Charter
additional 251x5l of sidewalk caf6 located at 75 W. School (application in progress).
Chippewa Street. Under SEQR the proposed sidewalk cafe' School 8 is scheduled to suspend service July 2004 and
is considered an unlisted action which may be studied close in September 2004.
through uncoordinated review. Your Honorable Body may authorize the sale of the property
The Planning Board voted to approve the proposed sidewalk In accordance with Article 27, Section 27-5 of the City
caf6 with the following conditions: Charter - Sale by Appraisal.
1. No outside music. I am requesting that Your Honorable Body authorize the
2. No outside trash receptacles. abandonment/sale of the property by appraisal and direct
3. Closing of the patio at 11 PM Sunday through Thursday this office to negotiate the sale and report the results of
and 1 AM Friday and Saturday. negotiations with Your Honorable Body for final approval.
RECEIVED AND FLLED Mr. Coppola moved:
That the above communication from the Department of
NO. 8 Strategic Planning, Division of Real Estate dated May 20,
S. MAYNARD 2004 be received and filed; and
88 W. CHIPPEWA ST. That the City of Buffalo does hereby abandon School 8
A.K.A. 227 DELAWARE AVE. located at 165 East Utica in accordance with Article 27,
SIDEWALK CAFE Section 27-5 of the Charter of the City of Buffalo; and
ITEM NO. 55, C.C.P. 5/11/2004 That the Director of Real Estate be, and he hereby is
The City Planning Board at its regular meeting held authorized to negotiate a sale with Elaine T. Blyden,
Tuesday, May 18, 2004, considered the matter captioned President of Bob Lanier Center for the Educational, Physical
above pursuant to Section 413-59 of the Buffalo Code, & Cultural Development, Inc. located at 157 Homestead, and
Sidewalk cafes. report back to the Common Council with the results of
The applicant seeks encroach the right-of-way with a 251x6l negotiations for final approval of the sale of a portion of
sidewalk caf6 located at 88 W. Chippewa Street. Under Railroad Street.
SEQR the proposed sidewalk caf6 is considered an unlisted PASSED
action which may be studied through uncoordinated review. AYES - 9 NOES - 0
The Planning Board voted to approve the proposed sidewalk
caf46 with the following conditions: NO. 11
1. No outside music. LEASE AGREEMENT BETWEEN THE CIT YTH OF
2. No outside trash receptacles. BUFFALO AND CENTRAL REFERRAL, INC. FOR USE OF
3. Closing of the patio at 11 PM Sunday through Thursday 24 FLOOR OF CITY HALL ELLICOTT DISTRICT
and 1 AM Friday and Saturday. ITEM NO. 119, C.C.P. 5/14/02
RECEIVED AND FILED Pursuant to Item No. 119, C.C. P. 5/14/02, Your Honorable
Body authorized a one year (1) year lease agreement
NO. 9 between the City of Buffalo and Central Referral, Inc. for use
S. MAYNARD of city-owned property located on the 24 th Floor of City Hall.
88 W. CHIPPEWA ST. This lease commenced April 1, 2002 expired March 31, 2003
C: A.K.A. 227 DELAWARE AVE. and they have been month to month thereafter.
C: SIDEWALK CAF6 The Office of Strategic Planning, Division of Real Estate, has
ITEM NO. 56, C.C.P. 5/11/2004 received a request from Douglas Frank, Executive Director
The City Planning Board at its regular meeting held of Central Referral Services, Inc. to renew their lease
Tuesday, May 18, 2004, considered the matter captioned agreement. The annual rental fee of One Dollar ($1.00) will
above pursuant to Section 413-59 of the Buffalo Code, remain the same.
Sidewalk cafes. This off ice recommends that Your Honorable Body draw a
The applicant seeks encroach the right-of-way with a 311x6l new lease agreement retroactive for the period of April 1,
sidewalk cafe on the Delaware Avenue side located at 88 W. 2004 through March 31, 2005 to include the same terms and
Chippewa Street. Under SEQR the proposed sidewalk caf6 conditions that are in their expired lease agreement.
is considered an unlisted action which may be studied I am further recommending that Your Honorable Body
through uncoordinated review. authorize the Corporation Counsel to prepare the necessary
The Planning Board voted to approve the proposed sidewalk documents to draw said lease and that the Mayor be
cafe with the following conditions: authorized to execute the same.
1. No outside music. REFERRED TO THE COMMITTEE ON FINANCE AND
2. No outside trash receptacles. CORPORATION COUNSEL.
3. Closing of the patio at 11 PM Sunday through Thursday
and 1 AM Friday and Saturday. NO. 12
RECEIVED AND FILED OAK MICHIGAN INDUSTRIAL
CORRIDOR PHASE IIB
FROM THE OFFICE OF STRATEGIC PLANNING APPROVAL OF CONTRACT FOR
NO. 10 SALE OF LAND - 1.092 ACRES
ABANDONMENT AND SALE OF SCHOOL 8 165 EAST PORTION OF BLOCK 2 -
UTICA - BOB LANIER CENTER FOR THE 700 MICHIGAN
EDUCATIONAL, PHYSICAL & CULTURAL The City of Buffalo Urban Renewal Agency duly
DEVELOPMENT, INC. MASTEN DISTRICT designated Western New York Medical Arts Center LLC
and/or joint venture, partnership, corporation or other legal
entity to be formed as the qualified and eligible Redeveloper decided whether to have an auction or where possible
for the subject parcel. Homestead the lots to neighbors.
The Agency has also determined that the proposed Land In the interest of time and anticipating that Your Honorable
Disposition Agreement negotiated by the Agency and the Body is willing to expedite this matter, I have taken the
Redeveloper is satisfactory. liberty to prepare a Resolution for your action.
Please be advised that in accordance with the provisions of We now respectively request Your Honorable Body approve
Article 15A of the General Municipal Law, it is now the transfer of these properties to the City of Buffalo.
necessary for your Honorable Body to set a date for a public Forwarded herewith are the following documents:
hearing, and to direct the publication of a notice of said 1. Resolution approving proposed Land Transfer
hearing. In the interest of time and anticipating that Your 2. List of properties
Honorable Body is willing to expedite this matter, I have REFERRED TO THE COMMITTEE ON COMMUNITY
taken the liberty to prepare a Resolution together with a DEVELOPMENT
Notice of Public Hearing for your action.
Forwarded separately are the following documents: NO. 15
1. Resolution setting Public Hearing RESCIND AUCTION SALE AND FORFEIT DEPOSIT
2. Notice of Public Hearing 1163 BROADWAY - FILLMORE DISTRICT
3. Resolution approving proposed Land Disposition ITEM NO. 91, C.C.P. 3/4/03
Agreement In the above referenced item Your Honorable Body
After the Public Hearing is held, Your Honorable Body may authorized the sale of 1163 Broadway to Mr. Gwendolyn
adopt a Resolution authorizing the disposition of the land to Collins of 637 Woodlawn Avenue, Buffalo, New York 14211.
the Redeveloper, which the Agency has designated as being Ms. Collins was the highest bidder in the amount of Nine
qualified and eligible Thousand Five Hundred ($9,500.00), plus a 10% buyer's
REFERRED TO THE COMMITTEE ON COMMUNITY premium for a total of Ten Thousand Four Hundred Fifty
DEVELOPMENT Dollars ($10,450.00).
The terms of sale required that the purchaser must submit a
NO. 13 detailed estimate of cost to repair and/or renovate the
RENEW LEASE AGREEMENT BETWEEN THE CITY OF property and submit proof of financial ability to complete the
BUFFALO purchase, repairs or renovations to the property.
AND NORTH BUFFALO COMMUNITY Ms. Collins was sent letters on March 19, 2003, April 23,
DEVELOPMENT CORPORATION 2003, September 15, 2003 and on November14, 2003
FOR USE OF 203 SANDERS -FORMER SCHOOL requesting her to submit the required information and satisfy
NO. 88 the terms of sale. On February 9, 2004 Ms. Collins was sent
DELAWARE DISTRICT a final notice and informed that if the terms of sale were not
ITEM NO. 13, C.C.P. 6/1/99 satisfied by April 1, 2004 the sale would be rescinded and
Pursuant to Item No. 13, C.C.P. 6/1/99, Your Honorable her deposit forfeited. The Division of Real Estate has not
Body authorized a five (5) year lease agreement between heard from Ms. Collins since that time.
the City of Buffalo and the North Buffalo Community Therefore, we are recommending that the Common Council
Development Corporation for use of 203 Sanders (former approve rescinding the sale of 1163 Broadway, return the
School 88). This agreement was for the period of July 1, property to our inventory for resale and that the bidder
1999 through June 30, 2004. forfeits her deposit in the amount of Two Thousand Dollars
This office has received a letter from Deborah Cielencki, ($2,000.00). Ten percent of the deposit will be retained by
Executive Director of the North Buffalo Community the Auctioneer for the buyer's premium ($950.00) and the
Development Corporation requesting to renew their lease remaining balance ($1,050.00) will be deposited in the City's
agreement for an additional five (5) year period under the General Fund - Sale of In-Rem Property
same terms and conditions as their present lease. The lease Mr. Coppola moved:
renewal shall commence on July 1, 2004 and expire on June That the communication from the Department of Strategic
30, 2008. All other terms and conditions shall remain the Planning, dated May 18, 2004, be received and filed; and
same. Attached is a copy of the agreement for review. That the Executive Director of Strategic Planning be, and he
This office recommends that Your Honorable Body renew hereby is authorized to rescind the sale of 1163 Broadway,
their present lease agreement for an additional five - (5) year to forfeit the deposit in the amount of two thousand dollars
period to commence on July 1, 2004 and expiring on June ($2,000.00) and to return the property to inventory for resale.
30, 2008. 1 am further recommending that Your Honorable Ten percent of the deposit will remain with the Auctioneer for
Body authorize the Corporation Counsel to prepare the the buyer's premium ($950.00) and the remaining balance (S
necessary documents to renew said agreement and that the 1,050.00) will be deposited in the City's General Fund - Sale
Mayor be authorized to execute the same. of In-Rem Property.
REFERRED TO THE COMMITTEE ON FINANCE AND PASSED
CORPORATION COUNSEL. AYES - 9 NOES - 0
NO. 14 NO. 16
REQUEST FOR APPROVAL RESCIND AUCTION SALE AND FORFEIT DEPOSIT
TRANSFER TITLE OF ALL PARCELS ON THE 147 WOODLAWN MASTEN
ATTACHED LIST FROM BNRC TO THE CITY OF ITEM NO. 8, C.C.P. 6/24/03
BUFFALO In the above referenced item Your Honorable Body
The parcels on the attached list were acquired by BNRC authorized the sale of 147 Woodlawn to Jarvis Slater of 70
over several years time. Most of them were acquired from Benwood, Buffalo, New York 14214. Mr. Slater was the
HUD for $ 1. 00. highest bidder in the amount of Seven Thousand Seven
None of these parcels are located within the boundaries of Hundred Fifty Dollars ($7,750.00), plus a 10% buyer's
the Homeownership Zone and therefore, cannot be held by premium for a total of Eight Thousand Five Hundred
BNRC. By transferring them to the City of Buffalo it can be Twenty-Five Dollars ($8,525.00).
The terms of sale indicated that the purchase price is to be result of the initial project review, it has been determined that
paid in cash or certified funds no later than 45 days following the undertaking of this action will not constitute an action
the sale. Prior to closing Mr. Slater requested that this sale significantly affecting the quality of the environment. No
be assigned to his daughter, Malikah Slater and close further environmental review of this action will be conducted
transferring title in his daughter's name. On August 23, 2003 prior to the project implementation and a Draft
Malikah Slater was informed that she would have to satisfy Environmental Impact Statement will not be prepared. The
the terms of sale. A final notice was sent on February 9, proposed action has been determined to be an Unlisted
2004 to Malikah in care of Jarvis Slater advising that if the Action - Uncoordinated Review
terms of sale were not satisfied by April 1, 2004 the sale I am recommending that Your Honorable Body approve the
would be rescinded and his deposit forfeited. As of this abandonment and sale of a portion of the Canton Alley
writing the terms of sale have not been satisfied. between Leroy and East Oakwood in the amount of Two
Therefore, we are recommending that the Common Council Thousand Seven Hundred Dollars ($2,700.00) to the Greater
approve rescinding the sale of 147 Woodlawn, return the Buffalo Savings Bank on condition that prior to the transfer to
property to our inventory for resale and that the bidder title Greater Buffalo Savings Bank erects the fence as
forfeits his deposit in the amount of One Thousand Five original approved by the City Planning Board. I am also
Hundred Fifty Dollars ($1,550.00). Ten percent of the deposit recommending that Your Honorable Body adopt the Initial
will be retained by the Auctioneer for the buyer's premium Review of SEQR Applicability and recommend that the
($775.00) and other ten percent ($775.00) will be deposited Corporation Counsel prepare the necessary documents for
in the City's General Fund - Sale of In-Rem Property. the transfer of title and the Mayor be authorized to execute
Mr. Coppola moved: the same.
That the communication from the Department of Strategic Mr. Coppola moved:
Planning, dated May 18, 2004, be received and filed; and That the above communication from the Department of
That the Executive Director of Strategic Planning be, and he Strategic Planning, Division of Real Estate dated May 17,
hereby is authorized to rescind the sale of 147 Woodlawn, to 2004 be received and filed; and
forfeit the deposit in the amount of one thousand and five That the City of Buffalo does hereby abandon a portion of
hundred and fifty dollars ($1,550.00) and to return the the Canton Alley between Leroy and East Oakwood in
property to inventory for resale. Ten percent of the deposit accordance with Article 27, Section 27-5 of the Charter of
will remain with the Auctioneer for the buyer's premium the City of Buffalo; and
($750.00) and the other ten percent ($775.00) will be That the Director of Real Estate be, and he hereby is
deposited in the City's General Fund - Sale of In-Rem authorized to transfer Canton Alley between Leroy and East
Property. Oakwood to the Greater Buffalo Savings Bank in the amount
PASSED of two thousand and seven hundred dollars ($2,700.00) on
AYES - 9 NOES - 0 the conditions as listed in the above communication. That
the Corporation Counsel be authorized to prepare the
NO. 17 necessary documents for the transfer of title and that the
RESULTS OF NEGOTIATIONS ABANDONMENT AND Mayor be authorized to execute the same.
SALE OF A PORTION OF CANTON ALLEY BETWEEN PASSED
LEROY AND EAST OAKWOOD PLACE MASTEN AYES - 9 NOES - 0
DISTRICT
ITEM NO. 13, C.C.P. 9/16/03 NO. 18
Pursuant to Item No. 13, C.C.P. 9/16/03 Your Honorable ST. JOHN BAPTIST CHURCH
Body approved the abandonment and sale of a portion of REQUEST TO USE CITY-OWNED LOT
Canton Alley between Leroy and East Oakwood Place to 1412 JEFFERSON AVENUE, S CORNER OF WOODLAWN
Greater Buffalo Savings Bank on the following condition: LOT SIZE: 96' X 100' MASTEN
1. That prior to transfer of a portion of Canton Alley that The Office of Strategic Planning, Division of Real Estate,
Greater Buffalo Savings Bank will erect an ornamental fence has received a request from Pastor Michael Chapman of St.
along the frontage (on the Main Street side) of the parking lot John Baptist Church, 184 Goodell Street, Buffalo, New York
as original approved by the City Planning Board. The fence 14204 to use the City-owned vacant lot at 1412 Jefferson
shall be similar in style to the fence on the Canisius College Avenue. The oth, purpose is to hold prayer services open to
Property at 2365 Main Street. the public beginning on Tuesday, July 2 2004 through
An independent appraisal of the property was conducted by Thursday, July 22, 2004 and also Tuesday, August 17, 2004
Stephen J. Squire of Emminger, Hyatt, Newton & Pigeon, through Thursday, August 19, 2004.
Inc. He has estimated the value of the property to be Two St. John Baptist Church has agreed to clean the lot before
Thousand Seven Hundred Dollars ($2,700.00). The and after their use and have provided proof of liability
Appraisal Review Board has reviewed the appraisal report. insurance coverage in the amount of $1,000,000, holding the
They are in agreement with the Appraiser's estimate of value City of Buffalo harmless from any accident or injury, which
and recommend a sale price of Two Thousand Seven may result from their use of the property.
Hundred Dollars ($2,700.00). I am recommending that Your Honorable Body approve the
Greater Buffalo Savings Bank has agreed and is prepared to request of St. John Baptist Church to use 1412 Jefferson
pay Two Thousand Seven Hundred Dollars ($2,700.00) for Avenue upon the above terms and conditions.
said property. They have also agreed to pay for the cost of Mr. Coppola Moved:
the appraisal, transfer tax and recording fees. Lastly, that the That the communication from the Department of Strategic
official closing, the abandonment of a portion of Canton Alley Planning, dated May 19, 2004, be received and filed; and
between Leroy and East Oakwood does not become That the Executive Director of Strategic Planning be, and he
effective until the deed conveying the property is filed in the hereby is authorized to grant permission to Pastor Michael
Erie County Clerk's Office. Chapman of St. John Baptist Church, 184 Goodell Street to
Also, attached to this communication is Part I of the SEQR use the city-owned vacant lot at 1412 Jefferson Avenue on
Project Information form and Internal Review of SEQR July 20 through July 22, 2004 and August 17, 2004 through
Applicability prepared by the Office of Strategic Planning on August 19, 2004 upon the terms and conditions as listed
behalf of the Common Council as the Lead Agency. As a above.
PASSED URBAN HOMESTEAD PROGRAM
AYES - 9 NOES - 0 707 SYCAMORE
LOT SIZE: 27'X 71'
NO. 19 The Office of Strategic Planning has surveyed the
TRANSFER OF TITLE URBAN HOMESTEAD city-owned vacant lot at 707 Sycamore Street, Buffalo, New
PROGRAM FROM CITY OF BUFFALO TO BETHEL York, parcel is 27'x 71' in dimension; and it has been
COMMUNITY DEVELOPMENT CORPORATION determined this parcel is inappropriate for either the
Prior Council Reference: construction of new housing or needed for public purposes.
The Office of Strategic Planning, Division of Real Estate has Mr. Robert Alexander residing at 709 Sycamore Street,
surveyed the city owned lots mentioned on the attached site Buffalo, New York 14212 indicated he will clean, improve
list. It has been determined these parcels are not needed for and maintain the lot in the event he obtains title to the
public purchase or future development. property under the Urban Homestead Program.
Bethel Community Development Corporation 1515 Michigan The Division of Permit and Inspection Services and the
Avenue, Buffalo, New York 14209 is under contract to Division of Collections have been contacted. There are no
construct ten (10) two story single family homes on these property code violations, taxes or other liens owed to the
parcels. Title to these parcels will be transferred from Bethel City of Buffalo by the homesteader.
Community Development to build affordable, sustainable We, therefore, recommend the city-owned vacant lot be
housing units to be sold to low/mod income purchasers. designated as a Homestead Property and be transferred to
Upon sale of the homes to low/mod purchasers, these now Mr. Robert Alexander on the condition the property is
vacant lots / parcels will become revenue producing through cleaned and improved within (6) months and maintained in a
payment of property taxes. This will also reduce the City sanitary manner.
inventory of vacant lots and the cost of maintaining them and Mr. Coppola Moved:
reduces city wide slum and blight. The intent of this That the above communication from the Office of Strategic
transaction and project reflects and implements the Office Of Planning dated May 19, 2004, be received and filed; and
Strategic Planning's goal to making Buffalo's Neighborhoods That the city-owned property commonly known as 707
better for the next generation in the 21 st Century. Our Sycamore Street, is hereby designated as Homestead
collective job is to create sustainable, economical housing Property, and that the Mayor be, and he hereby is authorized
and improve the quality of life opportunities in Buffalo's to execute a deed transferring said property to Robert
Neighborhoods by removal of slums and blight as well Alexander, residing at 709 Sycamore Street, for the amount
seeding streets with affordable decent housing and turning of One Dollar ($1.00) and no more, and all costs of transfer,
vacant non tax generating properties into tax generating on the condition the property is cleaned and improved within
assets. six (6) months and maintained in a sanitary manner.
The Division of Permit and Inspection Services and Division PASSED
of Collections have been contacted. There are no property AYES - 9 NOES - 0
code violations, taxes or other liens owed to the City of
Buffalo by the homesteader. NO. 21
Property List: UTILITY EASEMENT AGREEMENT
Purdy Street: 241, 249, 253, 261, 263, 265, 280, 281, 285, NIAGARA MOHAWK POWER CORPORATION
286, 298,302, 316, 320 FOR USE OF SCHOOL NO. 74 - 369 NORTHLAND
Elsie Street: 6 & 14 (A.K.A. 126 DONALDSON) - MASTEN DISTRICT
We, therefore, recommend the city owned vacant lots be The Office of Strategic Planning, Division of Real Estate, has
designated as Homestead Properties and be transferred to received the attached easement agreement from Niagara
Bethel Community Development Corporation for One Dollar Mohawk Power Corporation for use of city owned property
($1.00) and no more on the following conditions: 1) the located at 369 Northland - School No. 74. They are
specified structure to be erected on the premises within requesting a utility easement for property as described in the
twelve (12) months-, 2) the structure be occupied by attached proposed easement "Exhibit A".
low/mod income buyers-, 3) and the purchaser reside in their Niagara Mohawk has indicated that this easement is
new home for a period of not less than ten (10) years. necessary for a school upgrade project.
Mr. Coppola Moved: This office has contacted the Department of Public Works,
That the above communication from the Office of Strategic Parks & Streets and they both have indicated that they have
Planning dated May 6, 2004, be received and filed; and no objections and/or conditions in reference to the attached
That the city-owned property commonly known as 241, 249, proposed easement.
253, 261, 263, 265, 280, 281, 285, 286, 298, 302, 316 and I am, therefore, recommending that Your Honorable Body
320 Purdy Street and 6 & 14 Elsie Street, are hereby approve this easement agreement, that the Law Department
designated as Homestead Property, and that the Mayor be, review said agreement for their approval as to form and
and he hereby is authorized to execute a deed transferring authorize the Mayor to execute the same.
said properties to Bethel Community Development REFERRED TO THE COMMITTEE ON FINANCE
Corporation, for the amount of One Dollar (S 1.00) and no
more on the following conditions: NO. 22
1. The specified structure to be erected on the premises UTILITY EASEMENT AGREEMENT
within twelve NIAGARA MOHAWK POWER CORPORATION
(12) months; FOR USE OF 724 NORTHUMBERLAND
2. The structure be occupied by low/mod income buyers; UNIVERSITY DISTRICT
3. The purchaser reside in their new home for a period of not The Office of Strategic Planning, Division of Real Estate, has
less received the attached easement agreement from Niagara
than ten (10) years. Mohawk Power Corporation for use of city owned property
PASSED located at 724 Northumberland. They are requesting a utility
AYES - 9 NOES - 0 easement for property as described in the attached
NO. 20 proposed easement "Exhibit A".
TRANSFER OF TITLE
Niagara Mohawk has met with Kulback's Construction, Inc. and claims is $1.2 million lower than the amount expensed
(the General Contractor) on behalf of the owner's of 887 & to date in the current year, and no funding has been
889 Kensington (Safetec International LLC). They have appropriated for demolitions. In addition, the budget amount
indicated that the only alternative scenario is to obtain an in some accounts should be reviewed because more
easement from the City in order to bring power to Safetec's information is necessary to accurately assess the validity of
new 80,000-sq. ft. office and manufacturing facility they are the projections. Telephones in Operations and Maintenance
currently constructing. It will be necessary for them to run a of Public Buildings could use a joint study to determine how
new primary electric line overhead from a new pole located to control expense. Clothing in Police Administration should
on Northumberland across the City owned property at 724 be decreasing because of fewer officers and no new hires.
Northumberland to a new pole located on Safetec's property. Medical Services especially in Fire is a volatile expense
This office has contacted the Department of Public Works, since prior claims were not always processed timely
Parks & Streets and they have indicated that they have no because of backlogs and funding shortfalls. Gasoline
objections to the attached proposed revised easement. expenses are increasing and a review of volume and rate
I am, therefore, recommending that Your Honorable Body factors would be of assistance in determining if the
approve this easement agreement, that the Law Department projection is accurate. Building alterations and repairs may
review said agreement for their approval as to form and be an expense that could be postponed.
authorize the Mayor to execute the same. Regarding proposed cuts in my Audit Division, I regard any
REFERRED TO THE COMMITTEE ON FINANCE further reduction in audit oversight as counterproductive to
maintaining controls and insuring accountability in city
FROM THE COMPTROLLER departments during these challenging times. It is penny wise
NO. 23 and pound foolish, and should be rejected.
MAYOR'S BUDGET PROPOSAL In broader perspective, I'm obviously concerned about the
As required by City Charter, my office has reviewed the need to implement the county takeover of the city parks
revenue and expenditure accounts in the mayor's proposed ($3.5 million) and changes in health care to an experienced
budget for the General Fund. In total the proposed 2004-05 rating for a savings of $2.8 million. Unfortunately, increases
budget is consistent with our independent projections. Our in the tax levy and garbage user fee are distasteful but
review first consisted of looking at historical data and using necessary actions to help the City close 45% of our
that information to project current year amounts and projected gap for 2004-05 so that we can access the BFSA's
estimates for 2004-05. We then revised our initial projection deficit borrowing powers to avoid further erosion of city
for changes disclosed by the budget office. These included services. I believe it is essential for the Council and the
limiting Parks revenues based on a proposed merger and Mayor to come together to help case the crisis now and
reducing revenues from Community Development Block avoid even more draconian measures that could be imposed
Grant Funds by $1 million due to changes in fund allocation by the BFSA to close gaps in the out years.
by the Buffalo Urban Renewal Agency. The amounts Once again, 1 must caution against the notion of deficit
budgeted for Licenses and Permits were lowered to reflect borrowing as recipe for closing budget gaps. We must
anticipated fee restructuring that is intended to have a continue to push Albany for pension reform, mandate relief,
positive impact on construction activity. We also increased and other assistance to help us deal with a crisis that not
the Parking Tag Surcharge to reflect the increase in fees. only affects Buffalo but cities and governments across the
While many accounts show some kind of variance between state. While aid to education is maintained at $68 million in
our projections and the proposed budget, these could be the projected budget, it may be time to push the state to live
based on different projection methodology or management up to its responsibilities when it comes to public education,
plans for changes that are not part of historical data. The and not just in New York City.
only revenue accounts we feel have significant differences Additional state aid for education for Buffalo would help ease
between our projection and the proposed budget are Utility the budget impact of providing 47% of our total property tax
Tax and Mortgage Tax. Our projection on Utility Tax for the levy to education even as we embark on the most ambitious
2003-04 year is $13 million based on receipts to date. building project in the city's history, the reconstruction of its
Anticipated current year results would lead us to believe that schools.
the proposed budgeted amounts of S1 1,686,029 for Utility As I have stated previously, we need help to stabilize the
Tax could be increased. Our projection for Mortgage Tax is City's budget. The Buffalo Fiscal Stability Authority is here,
$2.8 based on the first deposit of this year. This is less than and that reality must be recognized. Hopefully, as we go
the $1.8 million currently included in the 2004-05 budget. forward the BFSA plays a greater role to assist with the
Other revenue producing areas that can be looked at include lobbying effort in Albany to bring relief to Buffalo and
the sale of assets, including the sale of school buildings for eventually to other cities. Without legislative mandate relief,
housing development and the parking ramps. without pension reform, without increased revenues from
On the Expenditures side, our review focused on the sales tax, and without some increases in school aid, this city
general City charges and large non-personnel service can hardly be expected to overcome years of population
departmental expenditure lines. We feel that the loss, factory closings, declining revenues, and stagnant state
departmental budgets are for the most part driven by aid. That is a formula for killing this city. We continue to take
personnel and it is up to management to provide the amount extreme measures to deal with our problems, but once
of funding necessary for departmental services. The budget again, we can't overcome this by ourselves and at the
for health insurance shows a large increase in anticipated expense of City services and quality of life.
costs, especially for retiree coverage. Since it is our REFERRED TO THE COMMITTEE ON BUDGET
understanding that management is negotiating a new rate
structure, our historical information cannot be used to project FROM THE COMMISSIONER OF PUBLIC WORKS,
the 2004-05 budget. We performed an independent PARKS AND STREETS
calculation of the pension estimates. Our calculations were NO. 24
slightly lower, but with all the estimates used for salary basis REPORT OF BIDS
and the fact that we normally have prior years adjustments, SENECA BABCOCK COMMUNITY CENTER
we feel the 2004-05 budget estimates are realistic. We RENOVATIONS
would like to caution that the amount budgeted for judgment JOB NO. 0401
LOVEJOY DISTRICT 4. That Haupt man-Woodward provide the Department of
I advertised on April 13, 2004 and received the following Public Works, Parks and Streets with a five thousand
formal bids for the Seneca Babcock Community Center, dollar construction in street bond or Certificate of
Renovations, which were publicly opened and read on May Insurance which will indemnify and save harmless the
13, 2004. City of Buffalo against any and all loss and damage
Base Bid arising out of the construction. maintenance, use and
Miller Enterprises $107,000-00 removal of said conduit.
12 Newfield, Buffalo, NY 5. That, as an owner of underground facilities,
Aladdin Dev. & Construction $117,864.00 Hauptian-Woodward become an active member of Dig
381 Niagara, Buffalo, NY Safely New
C. H. Byron Co. $124,000.00 York as required by New York State Law, Code 75' ).
465 Creekside, Amherst, NY REFERRED TO THE COMMITTEE ON LEGISLATION
C. Nichter, Inc. $127,500.00
30 Wildwood, Lancaster, NY NO. 26
The Hadala Corp. $130,400.00 WEST EAGLE AND FRANKLIN STREETS-.
325 Grote, Buffalo, NY CONDUIT , WITHIN RIGHT OF WAY
Innovative Building $132,700-00 ELLICOTT DISTRICT
920 Mohawk, Lewiston, NY Mr. Sheng Guo of the New York State Unified Court
Wilsandra Construction $141,141.00 Systems. Office of Court Administration has requested
300 Camden, Buffalo, NY permission to encroach City right of way with conduits. The
I hereby certify that the foregoing is a true and correct conduits would enable the Unified Court S~ stein to connect
statement of all bids received and that Miller Enterprises, in buildings with fiberoptic cable as part of an ongoing prcject.
the amount of One Hundred Seven Thousand and 00/100 which enables buildings to share data. The Unified Court
Dollars ($107,000.00) is the lowest responsible bidder in System has obtainec permission on two previous occasions
accordance with the plans and specifications. (CCP #10 of 12/29/98 and CCP # 87 of 12/11/01) to
I recommend that Your Honorable Body authorize the encroach right of way with conduits.
Commissioner of Public Works, Parks & Streets to order the The Department of Public Works, Parks and Streets has
work on the basis of the low bids. Funds for this project are reviewed this request pursuant to Chapter 413-67
available in the 34310306 445100 - Buildings. (Encroachment Regulations) of the City Ordinances and has
Mr. Coppola moved: no objection to Your Honorable Body authorizing the
That the above communication from the Commissioner of Commissioner of Public Works, Parks and Streets to issue a
Public Works, Parks and Streets dated May 18, 2004, be "Mere License" to Unified Court System for said conduit
received and filed; and installation provided the following conditions are met:
That the Commissioner of Public Works, Parks and Streets, 1. That Unified Court Systems obtain any and all City of
be, and he hereby is authorized to award a contract for the Buffalo permits necessary for said installation. including a
Seneca Babcock Community Center, Renovations, to Miller street cut permit,
Enterprises, the lowest responsible bidder, in the amount of 2. That the conduits are installed. and City right of, way
$107,000.00. Funds for the project are available in restored. according to Department of Public Works, Parks
34310306 445100 - Buildings. and Streets Standard Specifications.
PASSED 3. That Unified Court System supply the Department of
AYES - 9 NOES - 0 Public Works, Parks and Streets with a set of "as built" plans
depicting the exact location of said conduits upon completion
NO. 25 of the project.
700 ELLICOTT STREET: 4. That Unified Court System provide the Department of
CONDUIT IVITHIN RIGHT OF WAN Public Works. Parks and Streets with a five thousand dollar
ELLICOTT DISTRICT construction in street bond or Certificate of Insurance which
Mr. Walter Pangborn, PH.D., Executive Vice President of will indemnify and save harmless the City of Buffalo against
Hauptman-Woodivard Medical Research. Inc. has requested any and all loss and damage arising out of the construction.
permission to install conduit within City right of way at 700 maintenance, use and removal of said conduits.
Ellicott Street. The conduit will cross Ellicott Street north of 5. That, as an owner of underground facilities, Unified Court
Virginia Street and enable Haupt inan-Woodward to connect System remains an active member of Dig Safely New York
buildings across the street from each other with fiberoptic as required by New York State Law, Code 753.
cable. REFERRED TO THE COMMITTEE ON LEGISLATION
The Department of Public Works. Parks and Streets has
reviewed this request pursuant to Chapter 413-67 NO. 27
(Encroachment Regulations) of the City Ordinances and has PERMISSION TO ACCEPT FUNDS
no objection to Your Honorable Body authorizing the SHEA'S PERFORMING ARTS CENTER
Commissioner of Public Works. Parks and Streets to issue a Permission is hereby requested from Your Honorable
"Mere License" to Hauptinan-Woodward for said conduit Body to accept $5,000.00 from the Buffalo Urban Renewal
installation provided the following conditions are met: Agency for the exterior reconstruction of Shea's Performing
1. That Haupt man-WoodiNard obtain any and all City of Arts Center. Funds shall be deposited in Division of
Buffalo permits necessary for said installation, including Buildings Capital Account 31405856.
a street cut permit. Mr. Coppola Moved:
That the conduit is installed. and City right of way restored. That the above communication from the Commissioner of
according to Department of Public Works. Parks and Streets Public Works, Parks and Streets dated May 12, 2004, be
Standard Specifications. received and filed; and
3. That Hauptinan-Woodward supply the Department of That the Common Council to accept $5,000.00 from the
Public Works, Parks and Streets with a set of "as built" Buffalo Urban Renewal Agency for the exterior
plans depicting the exact location of said conduit upon reconstruction of Shea's Performing Arts Center. Funds shall
completion of the project.
be deposited in Division of Buildings Capital Account certificate of insurance Which will indentify and save
31405856. harmless the City of Buffalo against any and all loss and
PASSED damage arising out of the construction, maintenance, use
AYES - 9 NOES - 0 and removal of said sidewalk cafe.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
NO. 28 CITY PLANNING BOARD.
PERMISSION TO OPERATE CONCESSION STAND
DELAWARE PARK NO. 30
Under the terms of our existing agreement, the Buffalo TRI-MAIN DEVELOPMENT
Olmsted Parks Conservancy is proposing to operate the REQUEST USE OF PHELPS ST. FOR PARKING
concession stand in the meadow area of Delaware Park MASTEN DISTRICT
(formerly known as the Juicery). The Conservancy would Our department is in receipt of a request from Tri-Main
have the concession open daily from the Saturday of Development, 2495 Main St., Buffalo, NY to utilize a portion
Memorial Day weekend through Labor Day. of Phelps St. for employee parking. Attached is a copy of a
The Conservancy is asking that rental payments to the City preliminary site plan, which shows closing approximately
be eliminated, and that in return, they will guarante that all 315' of Phelps St. for this purpose.
net proceeds from the concession operation will be used to Our department has no major objections to this request as
fund park improvements. traffic impacts to the area are minimal. However, it should be
This department supports the Conservancy's proposal, and incumbent upon Tri-Main Development to obtain a
recommends Common Council approval. For your consensus of the plan from residential properties and other
information, this concession stand generated $ 1, 100.00 in businesses in the area.
rent to the City during the last season. Pending approval by the Planning Board and Your
Mr. Coppola Moved: Honorable Body our department would issue a license to
occupy and a portion of Phelps St. between Halbert and
That the above communication from the Commissioner of
Fillmore subject to the following conditions.
Public Works, Parks and Streets dated May 14, 2004, be
1. That the applicant obtains any and all other required City
received and filed; and
of Buffalo permits.
That the Commissioner of Public Works, Parks and Streets,
2. That all conditions listed by the City Planning Board in its
be, and he hereby is authorized to enter into an agreement
approval be met.
with the Buffalo Olmsted Parks Conservancy to operate the
3. That the concerns of all other abutting property owners be
concession stand in the meadow area of Delaware Park.
.
addressed
PASSED
AYES - 9 NOES - 0 4. That all encroachments and related appurtenances be
installed exactly as shown on plans submitted to and
NO. 29 approved by the Department of Public Works, Parks and
333 FRANKLIN STREET Streets and the Department of Permit and Inspection
REQUESTS PERMISSION TO INSTALL Services if required.
SIDEWALK CAFE 5. That the applicant be responsible for all capital costs and
(ELLICOTT DISTRICT) maintenance associated with all encroachments and related
Mr. Mark Croce. owner of Laughlins Beef and Barrel, appurtenances of the parking area as long as it remains
located at 333 Franklin Street, has requested permission to within City right of way.
ins(all a sidewalk cafe which would encroach City 6. That the applicant shall be charged a fee per square foot
right-of-,kxay at said address. The proposed cafe would on a yearly basis for utilization of City Right of Way and this
measure 25 feet in length and project 12 feet from the fee should be determined by the Common Council.
building face into City right-of-"N ay 7. That, in the event the Commissioner of Public Works,
The Department of Public Works, Parks and Streets has Parks and Streets determines the encroachment must cease
reviewed this application pursuant to Chapter 413, Section as a result of factors affecting health, safety and welfare of
59 (Sidewalk Cafes) of the City Charter and recommends the public, or the needs of the city, said commissioner may
that Your Honorable Body refer this item to (lie Planning order the immediate removal of the encroachment as
Board for the necessary site plan review and approval. If described in Chapter 413-67(F) of the City Ordinances.
approved by the Planning Board and Your Honorable Body 8. That the applicant supply the Department of Public Works,
the Commissioner will issue a "Mere License" for said Parks and Streets with a certificate of insurance, in an
sidewalk cafe provided the following conditions are met: amount deemed sufficient by the Corporation Counsel,
1. That the applicant obtain any and all other City of Buffalo which will indemnify and save harmless the City of Buffalo
permits necessary against any and all loss or damage arising out of the
2. That the sidewalk cafe be installed exactly as shown on construction, maintenance, use or removal of said parking
plans submitted to and approved by (lie Department of area.
Permit and Inspection Services. 9. The applicant provides access as necessary for any work
3. That the sidewalk cafe does not exceed 25 feet in length and/or maintenance operations to underground utilities.
or extend more than 12 feet from the building face REFERRED TO THE COMMITTEE ON LEGISLATION,
4. That no portion of the sidewalk cafe be permanent in DIRECTOR OF REAL ESTATE, AND COMMISSIONER OF
nature or permanently affixed to the main building or PUBLIC WORKS, PARKS AND STREETS
public sidewalk.
5. That the sidewalk cafe be completely removed from City NO. 31
right-of4vaN from November 15 to April I each year. CERTIFICATE OF APPOINTMENT
6. That the applicant be assessed the annual fee of $1.30 per Appointment effective 5/17/2004, in the Department of Public
square foot of City right-of-way occupied by said sidewalk Works, Parks and Streets to the Position of Laborer II,
cafe as described in Chapter 413, Article IX_ Section 59 Permanent at the Maximum Salary of $27,940
(Sidewalk Cafes) of the City Ordinances. Larry L. Walker, 1986 Bailey Avenue, Buffalo, NY 14211
7. That the applicant supply the City of Buffalo with a five REFERRED TO THE COMMITTEE ON CIVIL SERVICE
thousand dollar ($5.000.00) construction in street bond or
NO. 32 squad is not necessary. One of the three subcommittees
CERTIFICATE OF APPOINTMENT created under Operation Impact addresses investigations of
Appointment effective 5/17/2004, in the Department of Public cold cases. The committee is composed of members from
Works, Parks and Streets to the Position of Park Utility the Major Crime Unit, State Police, Sheriff's Department and
Worker, Permanent at the Intermediate Salary of $29,096 the Erie County District Attorneys office. This group meets
Jim Wilkinson, 83 Philadelphia Street, Buffalo, NY 14207 biweekly and reviews cold cases as a group. Areas are
REFERRED TO THE COMMITTEE ON CIVIL SERVICE identified where further investigation is needed. This group
will continue to go over these cases. In the unlikely event
NO. 33 that the grant ceases to exist, there is no reason why this
CERTIFICATE OF APPOINTMENT group can't continue to function in the same manner.
Appointment effective 5/17/2004, in the Department of Public There are several factors that affect the clearance rate. The
Works, Parks and Streets to the Position of Park Utility nature of homicide has changed over the years. Homicides
Worker, Permanent at the Intermediate Salary of $30,009 used to be primarily crimes of passion. Although there are
Jeffrey Dziedzic, 35 Barnard Street, Buffalo, NY 14206 still homicides of this nature, there has been an increase in
William Price Jr., 59 Gatchell St, Buffalo, NY 14212 drug or gang related homicides, making identification of the
REFERRED TO THE COMMITTEE ON CIVIL SERVICE offender more difficult. Also, many bystanders are unwilling
to cooperate with the police. However, offenders that are
NO. 34 being charged with other crimes are more cooperative,
CERTIFICATE OF APPOINTMENT hoping to receive more lenient treatment in return for their
Appointment effective 5/17/2004, in the Department of Public cooperation. It is with this in mind that all persons that are
Works, Parks and Streets to the Position of Park Utility arrested by the Buffalo Police Department and any agency
Worker, Permanent at the Intermediate Salary of $30,923 affecting an arrest under Operation Impact are asked if they
Phillip Swaringer, 33 Walden Avenue, Buffalo, NY 14211 have information about an unrelated crime. A detective
REFERRED TO THE COMMITTEE ON CIVIL SERVICE interviews any arrestee indicating that he or she does have
information. This is the primary focus of the warrant and
NO. 35 narcotics committees of Operation Impact, using the arrest
CERTIFICATE OF APPOINTMENT for leverage to gain information.
Appointment effective 5/17/2004, in the Department of Public In addition to the above activities, the Major Crime Unit has
Works, Parks and Streets to the Position of Park Utility started a new procedure whereby each homicide is assigned
Worker, Permanent at the Maximum Salary of $31,838 a case manager. This detective is responsible to make sure
Fernando Martinez, 785 Perry St, Buffalo, NY 14210 that all leads and all follow up work is done on a case. There
Reynaldo Santana, 303 Vermont St, Buffalo, NY 14213 is also a case manager report that indicates what work has
REFERRED TO THE COMMITTEE ON CIVIL SERVICE been completed and what needs to be done. This report also
lists other essential information. The Major Crimes Captain
FROM THE COMMISSIONER OF POLICE reviews this report at 10, 20, and 30-day intervals to ensure
NO 36 that follow up is being done properly.
ILLEGAL DUMPING ORDINANCE One last item worth mentioning is that there are occasions
ITEM #25-,C.C.P. APRIL 27, 2004 where the Buffalo Police Department has fully investigated a
The following information is submitted per the Council's case and feels that it is ready for prosecution, but the District
request for a monthly report from the Buffalo Police Attorney's office does not prosecute. This could be for a
Department documenting the number of citations and couple of reasons. The DA's office might not feel that it has a
adjudication's thereof of the city's illegal dumping winning case and does not want to risk prosecuting and
ordinances: losing it. Also, there have been cases where a suspect is
April 2004 suspected in several homicides. The person is convicted of
Total: 1 two homicides and given two life sentences without parole.
REFERRED TO THE COMMITTEE ON LEGISLATION The District Attorney's office will not prosecute the other
homicides that the suspect is accused of because he or she
NO. 37 has no chance of getting out of prison. These un-prosecuted
"ENFORCEMENT OF NOISE ORDINANCES" cases affect our clearance rate adversely.
ITEM # 15 1, C.C.P. APRIL 13, 2004 REFERRED TO TOE C0MMITTEE ON BUDGET
The following information is submitted per the Council's
request for a monthly report from the Buffalo Police FROM THE COMMISSIONER OF FIRE
Department documenting the number of noise ordinance NO. 39
citations and adjudications: REPAIRS TO LADDER 11
April 2004 We are requesting Council approval to repair Ladder 11 that
Total: 13 was involved in an accident in August 2003. The original cab
REFERRED TO THE COMMITTEE ON LEGISLATION manufacturer is out of business, therefore, we have to
purchase a new cab and chassis. R.D. Murray is the only
NO. 38 vendor who can meet the specifications on the low profile
"ESTABLISHMENT OF A COLD CASE SQUAD" cab and chassis that is available through Spartan Motors.
ITEM #117, C.C.P. APRIL 27,2004 This repair has to go to the original manufacturer of the
The following are my recommendations regarding the ladder in order to be certified. R.D. Murray is the vendor for
Common Council's proposal to establish a squad dedicated the original manufacturer.
to investigating cold homicide cases and what is currently The existing ladder will be removed from the current truck,
being done to improve the Buffalo Police Department's repaired and installed on a new chassis. The total cost for
clearance rate. the repair and replacement of parts on Ladder 11 will total
There are currently not enough detectives within the Buffalo $341,952.00 We received $172,583.50 from Travelers
Police Department to allow the establishment of such a Insurance to cover the new cab and chassis. The additional
dedicated squad. This condition will only worsen as we $169,368.50 available in our capital account 34210306
attrite down to 675 sworn members. In addition, such a 445100.
This ladder truck will then be registered as a new 2004 and Pursuant to Chapter 254 of the City of Buffalo Ordinances,
titled as such. The cost of a 75 ft platform truck is currently please be advised that I have examined the attached
approximately $600,000. For a cost of $169.368.50, the city application for a Used Car Dealer License located at 160
will have a new vehicle. Abbott and find that as to form is correct. I have caused an
We are requesting, this repair be approved asap, as the investigation into the premises for which said application for
vendor will only honor the quote for another week due to the a used car dealer license is being sought and according to
increase in the price of steel. Please direct any further the attached reports from the Zoning Office, Fire Department
questions to Jim Durham, Supt of Apparatus. and Building Inspections, I find it complies with all
Mr. Coppola moved: regulations and other applicable laws. I have caused an
That the above communication from the Department of Fire investigation by the Police Department into the moral
dated May 13, 2004, be received and filed; and character of Allen Traveis. The attached thereto for Allen
That the Acting Commissioner of Fire, be, and he hereby is Traveis d/b/a Valu Muffler & Brake. This request is submitted
authorized to award a contract for the Repair of Ladder 11, for your approval or whatever action you deem appropriate.
to R.D. Murray, the responsible bidder, in the amount of REFERRED TO THE COMMITTEE ON LEGISLATION.
$169,368.50. Funds for the project are available in capital
account 34210306 445100. NO. 44
Passed. USED CAR DEALER
AYES-9. NOES-0. 337 NORTH OGDEN (LOVEJOY) RESUBMIT
Pursuant to Chapter 254 of the City of Buffalo Ordinances,
FROM THE CORPORATION COUNSEL please be advised that I have examined the attached
NO. 40 application for a Used Car Dealer License located at 337
WOMEN AND CHILDREN'S HOSPITAL -KALEIDA North Ogden and find that as to form is correct. I have
HEALTH - HELIPORT caused an investigation into the premises for which said
We have enclosed a proposed Negative Declaration for your application for a used car dealer license is being sought and
review and consideration. according to the attached reports from the Zoning Office,
Copy in Clerk’s office. Fire Department and Building Inspections, I find it complies
ADOPTED. with all regulations and other applicable laws. I have caused
an investigation by the Police Department into the moral
FROM THE COMMISSIONER OF PERMIT & INSPECTION character of Jerry Ferraraccio. The attached thereto for Jerry
SERVICES Ferraraccio d/b/a Atlantic Motors This request is submitted
NO. 41 for your approval or whatever action you deem appropriate.
SECOND HAND DEALER REFERRED TO THE COMMITTEE ON LEGISLATION
1069 ABBOTT (SOUTH)
Pursuant to Chapter 254 of the City of Buffalo Ordinances, FROM THE COMMISSIONER OF COMMUNITY SERVICES
please be advised that I have examined the attached NO. 45
application for a Second Hand Dealer License located at CERTIFICATE OF APPOINTMENT
1069 Abbott and find that as to form is correct. I have Appointment Effective: May 14, 2004 in the Department of
caused an investigation into the premises for which said Community Services, Division of Contract Administration, to
application for a second hand dealer license is being sought the position of Director of Youth Bureau, Exempt
and according to the attached reports from the Zoning Appointment, at the flat starting salary of $50,000.
Office, Fire Department and Building Inspections, I find it Mr. Coppola moved:
complies with all regulations and other applicable laws. I That the above communication from the Department of
have caused an investigation by the Police Department into Community Services dated May 14, 2004, be received and
the moral character of Shawn Smith. The attached thereto filed; and
for Shawn Smith d/b/a Quick Coin and Consig(sic)nment. That the appointment of Kathleen Cunningham-Isch, residing
This request is submitted for your approval or whatever at 317 Woodside Avenue, as Director of Youth Bureau at the
action you deem appropriate. salary of $50,000 effective May 13, 2004 be, and hereby is
REFERRED TO THE COMMITTEE ON LEGISLATION. approved.
PASSED
NO. 42 AYES-9. NOES-0.
SECOND HAND DEALER
1831 SOUTH PARK (SOUTH) FROM THE CITY CLERK
Pursuant to Chapter 254 of the City of Buffalo Ordinances, NO. 46
please be advised that I have examined the attached LIQUOR LICENSE APPLICATIONS
application for a Second Hand Dealer License located at Attached hereto are communications from persons
1831 South Park and find that as to form is correct. I have applying for liquor licenses from the Erie County Alcohol
caused an Investigation into the premises for which said Beverage Control Board.
application for a second hand dealer license is being sought Address Business Name Owner's
and according to the attached reports from the Zoning Name
Office, Fire Department and Building Inspections., I find it 1065 Tonawanda St Nuchereno Liquor store John
complies with all regulations and other applicable laws. I Nuchereno
have caused an investigation by the Police Department into 629 Broadway James Williams James Williams
the moral character of Jim Carr. The attached thereto for Jim 1285 Hertel Ave Gabels Stephen Brucato
Car d/b/a Trash 'N' Treasure. This request is submitted for 443 Forest Ave The Royal Pheasant Charles Quill
your approval or whatever action you deem appropriate. 643 Main St Bijou Grille Beatrice Montione
REFERRED TO THE COMMITTEE ON LEGISLATION. RECEIVED AND FILED
NO. 43 NO. 47
USED CAR DEALER LEAVES OF ABSENCE WITHOUT PAY
160 ABBOTT (SOUTH DISTRICT) RESUBMIT
I transmit herewith notifications received by me, reporting Pursuant to our conversation on Tuesday, I am writing this
the granting of the leaves of absence without pay, in the letter to outline a proposed street level covered seasonal
various departments as listed: patio for my new redevelopment project at 333 Franklin
x Mayor/Mayor Executive- Strategic Planning Street. I have undertaken extensive renovation on a property
Melissa Smith that has been an eyesore for many years. I applied for and
X Comptroller Kathleen Yeates received a building permit from the City of Buffalo, and work
X Police Patricia Denecke has already commenced.
RECEIVED AND FILED. I believe that a tasteful patio would be in keeping with the
neighborhood and the property, and I have my architect
NO. 48 forwarding a layout to your office tomorrow.
REPORTS OF ATTENDANCE The approximate dimensions are 12'd x 25'w x 12'h. These
transmit herewith communications received by me, from will be confirmed by the architects drawing.
the various boards, commissions, agencies and authorities Please have this item on the next full Common Council
reporting the membership attendance at their respective agenda, so that I can get approval and then amend my
meetings: application to the State Liquor Authority to encompass this
X Buffalo Sewer Authority additional area.
RECEIVED AND FILED. Thank you for your prompt attention to this matter.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 49
REPORTS OF ATTENDANCE NO. 53
transmit herewith communications received by me, from R. BRYANT-WILLERT PARK VILLAGE COMMUNITY
the various boards, commissions, agencies and authorities ASSOCIATION
reporting the membership attendance at their respective 387 PRATT STREET, BUFFALO, NEW YORK 14204
meetings: CONCERNS-VACANT LOTS-BROADWAY/BENNETT
X City Planning Board Mr. Joseph Lettieri, who has a business at 282 Broadway,
RECEIVED AND FILED. attended the May 10th monthly meeting of the Willert Park
Village Community Association. The purpose of his visit was
NO. 50 to ask our support in acquiring three [31 residential zoned
NOTICES OF APPOINTMENTS - COUNCIL INTERNS lots at Broadway and Bennett. We inquired as to what he
I transmit herewith appointments to the position of Council intended to do with the current property which has a
Intern. storefront and two occupied apartments. There were no
Mr. Coppola moved denial of the approval of John Verbocy concrete plans for the storefront, or for the proposed lots.
to the position of Council Intern. After much discussion, the Association took the following
ADOPTED. action:
Appointment effective May 10, 2004 in the Department of It was duly MOVED and SECONDED not to support the
Common Council to the Position of Intern VI at the flat request for changing lots zoned residential to commercial
starting salary of $10.00/hr use. This motion is part of the official minutes of the
John Verbocy, 81 Raintree Island Apt. 7, Tonawanda, NY Association.
14150 As members of Pratt Willert neighborhood and a part of the
DENY Home zone, we believe these lots are build able for
residential usage, and support their sale to home buyers.
NO. 51 If additional information is needed from the Association,
APPOINTMENTS-TEMPORARY, PROVISIONAL, please do not hesitate to contact me at my office, 829-3485
PERMANENT ext. 120 or via email: rdbryant(a-)buffalo.edu.
I transmit herewith Appointments in the various REFERRED TO THE COMMITTEE ON COMMUNITY
departments made at the Minimum(Temporary, Provisional, DEVELOPMENT.
Permanent)(as per contract requirement)
REFERRED TO THE COMMITTEE ON CIVIL SERVICE NO. 54
DEPARTMENT OF POLICE T. RUGGIERO-REQ. TO BID ON GARAGES BY BCAR
Appointment effective May 10, 2004 in the Department of Please file the attached correspondence for the upcoming
Police to the Position of Crossing Guard, Temporary, Non Council Session to be held on Tuesday, May 25, 2004 for
Competitive at the minimum Starting Salary of $7.25/hr further discussion.
Selece Rivera, 436 Connecticut St, Buffalo, Ny 14213 Thank you in advance for you assistance in this matter.
DEPARTMENT OF PUBLIC WORKS, PARKS AND REFERRED TO THE COMMITTEE ON LEGISLATION AND
STREETS THE BOARD of PARKING.
Appointment effective May 17, 2004 in the Department of
Public Works, Parks and Streets to the Position of Street NO. 55
Worker, Permanent, Non Competitive at the starting salary FRED FERLITO
of $26,779 FAA FLIGHT STANDARDS DISTRICT OFFICE
Jeffery Mathewson, 809 Parkside Ave, Buffalo, Ny 14216 1 AIRPORT WAY, SUITE 110
ROCHESTER, NEW YORK 14624
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND INFO-WOM./CHILDREN’S HOSPITAL-HELIPAD
REMONSTRANCES As you know, I am an FAA Aviation Safety Inspector. I have
NON-OFFICIAL COMMUNICATIONS served with the FAA for the past eight years, I performed the
NO. 52 FAA on site inspection of the proposed helipad at the
M. CROCE-LAUGHLIN'S BEEF & BARREL, INC. Women's & Children's Hospital of Buffalo.
333 FRANKLIN STREET At the time of the inspection, I reviewed the site for
BUFFALO, NY 14202-REQ. SEASONAL PATIO-333 compliance with. all FAA safety requirements and found that
FRANKLIN ST. the site meets all requirements. I understand certain
questions and issues have been raised with regard to the
Notice of Landing Area Proposal and FAA review, Let me I am writing this letter on behalf of the Womens & Children's
clarify some of those issues. Hospital of Buffalo with regard to the proposed helipad at the
1. I addressed the northerly approach to the proposed Hospital.
helipad as identified by the applicant in the Notice of Landing This letter is in response to the April 10, 2004 memo
Area Proposal. submitted by Arthur J. Giacalone and to further clarify
2. I reviewed the location of oxygen tanks on the Hospital several of the issues before the Council.
premises. The tanks do riot interfere with the proposed flight Appended to this letter as Appendix A is a letter from William
path and meet all FAA safety requirements. The tanks are Barlen, our Compressed Gas Industry Consultant dated April
not only well below the flight path, they are off to the side as 28, 2004, which addresses some of the comments made by
well. Mr. Giacalone. As Mr. Barlen notes, the tanks are
3. I reviewed emergency landing options and the proposed constructed pursuant to the specifications of the ASME
landing site meets all requirements. There are ample (American Society of Mechanical Engineers), as is the case
emergency landing options. with all tanks utilized in the United States. A copy of those
4. I reviewed the location of the taller nearby Hospital specifications has been supplied by Praxair and is appended
building (which I understand to be the Variety Tower). The hereto as Appendix B. As Mr. Barlen notes, the design of
location of the tower, or potential turbulence due to its these tanks has proven extremely reliable.
location, does not present a safety issue for operations at The information provided by Mr. Barlen concerning actual
the proposed helipad. incidents is relevant, not because it demonstrates that the
RECEIVED AND FILED. tank will withstand a particular impact (although it is
significant that tanks have withstood the impact of machine
NO. 56 gun fire in at least one instance), but rather, to show that if
HANOVER INSURANCE CO.-D. LIPSCOMBE an impact did penetrate the tanks or associated fixtures (as
NOTICE OF CANCELLATION-PARNASSOS, LP-CATV unlikely as that may be), an explosion would not result. This
FRANCHISE BOND is contrary to the repeated implication of Mr. Giacalone that
WHEREAS, on or about the 31st day of July 1998, The the tanks pose an extreme explosion hazard.
Hanover Insurance Company as Surety, executed its bond in With regard to Mr. Giacalone's questions regarding the
the penalty of Two Million 00/100 Dollars ($2, 000, 000. 00) location of the tanks in relation to the FATO (Final Approach
on behalf of Parnassos, LP of Main at Water Street, and Takeoff Area) we have appended as Appendices C and
Coudersport, PA 15279 as Principal, in favor of City of D,
Buffalo as Obligee, (Nature of Risk) CATV Franchise Bond respectively, a site diagram showing the precise distance of
WHEREAS, said bond, by its terms, provides that the said the tanks from the FATO and an additional letter from
Surety shall have the right to terminate its obligations Edward McDonnell, the Aviation Consultant for Womens &
thereunder by serving notice of its election so to do upon the Children's Hospital of Buffalo. The diagram shows a 50 foot
said Obligee, and diameter from the location of the tanks and the diameter of
WHEREAS, said Surety desires to take advantage of the the FATO. The diagram also shows 19 feet between these
terms of said bond and elects to terminate its liability in two diameters for a total of 69 feet, well in excess of
accordance with the provisions thereof. requirements. Mr. McDonnell's letter further clarifies the
NOW, THEREFORE, The Hanover Insurance Company meaning of the safety area and related parameters. Mr.
shall at the expiration of Thirty (30) days after receipt of this McDonnell also provides specific data on accident rates
notice be released and forever discharged from any and all which reinforces the safety record of EMS Helicopters.
liability for all known and unknown claims, which the Obligee Attached to Mr. McDonnell's letter is a copy of the original
may assert against the Surety. under the above-referenced Notice of Landing Area Proposal to the FAA which includes
bond. the Northern approach flight path.
Signed and dated this 17th of May 2004. Appended as Appendix E is a copy of an FAA
REFERRED TO THE COMMITTEE ON LEGISLATION. bulletin which further explains the noise analysis mandated
by the FAA.
NO. 57 We also wish to update the Council regarding the
INVESTIGATION-STEELFIELD VOLUNTARY CLEANUP issue of relocation of the oxygen tanks. As Dr. Lana has
PROGRAM explained on behalf of the Hospital, the Hospital's pledge to
Commissioner Crotty bas asked me to acknowledge the ensure that the tanks were not located within 100 feet of a
receipt of Resolution No. 122 submitted by the City of residence was not based on safety concerns, but rather on a
Buffalo Common Council. The Resolution seeks an desire to address aesthetic and noise related concerns of
investigation of the Steelfields Voluntary Cleanup Program particular neighbors.
site with respect to its suitability for the site of a solid waste While the possibility of tank relocation was not
transfer station. raised initially in response to a safety concern, once a
The Department has received no such application for the determination was made to relocate the tanks, it is apparent
use of this site. If and when an application is received, staff that in some instances when safety issues were raised, the
will review it to ensure the proposal complies with all response was simply to indicate that the tanks would be
applicable laws. rules and regulations. relocated. This was not intended as any acknowledgment by
The New York State Department of Environmental the Hospital of safety concerns. It would have been helpful
Conservation appreciates your interest in this matter and will for the Hospital to have more clearly explained its
give full consideration, to the issues you I have raised. understanding and belief that there is no safety hazard
Please do not hesitate to contact me at 851-7200 should you posed by the tanks as demonstrated by the extensive record
have any questions. now before the Common Council. To this end, both Mr.
REFERRED TO THE COMMITTEE ON COMMUNITY Giacalone's and Justice Lane's questions and comments
DEVELOPMENT. have been helpful in pointing out this deficiency.
Again, we believe, the ample record demonstrates
NO. 58 that the safety concerns have been fully addressed at this
PROPOSED HELIPAD AT WOMENS AND CHILDREN'S point.
HOSPITAL OF BUFFALO
It is also important to note that the 100 foot
distance was not a distance based on a safety code. That NO. 61
number was simply picked out of the air during a public M. SCHMAND-COMMENTS-5 & 7 E. GENESEE ST.
discussion. I believe Mr. Giacalone has stated publicly that OUTDOOR CAFE
he doubts the limitation can be met on the current hospital Thank you for requesting the opinion of Buffalo Place
grounds. He may be correct. During the past several regarding the Outdoor Cafe proposed by Buffalo Red Hots at
months, Hospital engineers and consultants and Praxair 5 and 7 E. Genesee Street, in Roosevelt Park.
have spent numerous hours attempting to determine a We support this application and believe it will benefit both
location that meets all code requirements and the 100 foot the business and the Roosevelt Park area. Buffalo Place
provision. The only location which appears to meet all encourages outdoor cafes because they add life to the
requirements would require removal of several currently street. They make the area more attractive to pedestrians
standing hospital buildings and also would directly interfere walking by, promote a feeling of security by adding more
with the new Campus Master Plan for the Hospital. "eyes on the street" and tend to increase use of nearby
Since relocation costs have been projected to seating areas by others.
exceed $300,000, the Hospital has determined that Buffalo Red Hots will benefit from the increased visibility of
relocation of the tanks would only be practicable in the restaurant to downtown patrons, and there is plenty of
conjunction with planning for the new Campus Master Plan. room in Roosevelt Park for the café , pedestrian traffic and
It would be a terrible waste of limited resources to move the park users. We urge the Council to approve this item.
tanks twice. RECEIVED AND FILED.
The Hospital intends to meet its pledge to relocate
the tanks within two years of the commencement of NO. 62
operations at the helipad and will make every reasonable INFO-PROPOSALS-BUFFALO CITY SHELTER
effort to meet the self-imposed requirement of a 100 foot In response to the possible termination of the adoption
distance from any residence. The Hospital is confident it can program at. the Buffalo City Shelter, 380 N. Oak Street, I
accomplish this in the context of planning for the new humbly offer the following proposals to be considered for
Campus Master Plan. implementation:
RECEIVED AND FILED. 1.) That the City of Buffalo enter into a memorandum of
understanding with all pet. stores and private dog breeders
NO. 59 in the city to establish a licensing program for all dogs four
M. O’LEARY- months of age, sold at their outlets. If the dog is under four
ADELPHIA LETTER DATED 4/16/04 -FILING OF NEW months, the owner's contact 'information ought to be
SURETY BOND) submitted to the state as well as local animal control. The
In accordance with the letter sent to you on or about April pet store or breeders would be encouraged to mention to the
16th , 2004 from our client, Adelphia, we hereby submit for new dog owner the dog licensing program. When such time
filing the attached Travelers Casualty and Surety Company that the dog reaches four months of age a memo would be
of America bond. This bond replaces and exonerates the sent to the owners residence, reminding them to license their
existing Hanover Insurance Company bond currently on file. dog.
Also enclosed, please find a release document which 2.) That the city also consider dog training classes as a
requires an acceptance signature. Please returned the second source of revenue to be earmarked for the shelter.
signed document to Aon at your earliest convenience; a Classes could take place at alternative times and locations
self-addressed envelope has been included for your use. to accommodate dog owners throughout the city. Locations
If a bond is no longer required, please also return the original to he considered would be churches, senior centers, the
Travelers Casualty and Surety Company of America bond in SPCA, and possibly some city owned venues. This would
the enclosed envelope with the signed release. also present a vehicle to educate those as to dog
Thank you in advance for your prompt attention to this behaviorisms which, could result 'in a reduced rate of
matter. If you should have any questions or if I may be of surrenders at shelters.
further assistance, please do not hesitate to call me at REFERRED TO THE COMMITTEE ON LEGISLATION.
215-255-1721.
REFERRED TO THE COMMITTEE ON LEGISLATION. NO. 63
A. THOMPSON-
NO. 60 CLEAN STREETS & CLEAN NEIGHBORHOODS
CITY OF BUFFALO RESOLUTION IN OPPOSITION TO INITIATIVES
THE PROPOSED REFUSE TRANSFER STATION AT THE Please file the enclosed item with the Common Council for
STEEL FIELDS SITE IN THE HICKORY WOODS review and deliberation at our next meeting on May 11, 2004
NEIGHBORHOOD at 2:00 p.m.
In response to your letter to Commissioner Rubin received Should you have any questions, please feel free to contact
on May 18, 2004, regarding Resolution No. 122 C.C.P. April my office at (716) 851-5145. Copy in Clerk’s Office.
27, 2004, the Erie County Department of Environment and REFERRED TO THE COMMITTEE ON LEGISLATION
Planning (DEP) is submitting the following comment:
The New York State Department of Environmental PETITIONS
Conservation (NYSDEC) is responsible for permitting and NO. 64
Investigating site suitabiIity for solid waste management M. ROMANOWSKI, AGENT, USE 1460 SOUTH PARK
facilities. The Erie County Department of Environment and FOR A
Planning will review any document5 Issued by the NYSDEC GAS STATION (LOVEJOY).
on this matter and provide the Common Council with a copy (HRG. 6/1)
of any comment5the DEP might submit. REFERRED TO THE COMMITTEE ON LEGISLATION,
Please contact me at (716) 858-6231 if you have any CITY PLANNING BOARD AND CORPORATION
questions. COUNSEL.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT. NO. 65
J. RUBINO, OWNER, USE 248 ALLEN-SIDEWALK CAFE. NO. 73
(HRG. 6/1) EST. OF A VACANT LOT AUCTION (#52,1/6)(# 103,9/16)
REFERRED TO THE COMMITTEE ON LEGISLATION, (#125,5/27)
CITY PLANNING BOARD AND CORPORATION (CCP#45-JAN. 20, 04)
.
That the above item be and the same hereby is referred to
COUNSEL
the Special Committee on Budget.
ADOPTED
NO. 66
J. CASEY, OWNER, USE 197 SUMMER-GROUND SIGN
NO. 74
The attached is for Common Council Approval; but per
B. DAVIS-D. JOHNSON-PROBLEMS WITH RE-PAVING
Permits, no public hearing is required.
ON PECKHAM STREET
REFERRED TO THE COMMITTEE ON LEGISLATION,
(CCP#58-APR. 13, 04)
CITY PLANNING BOARD AND CORPORATION
That the above item be and the same hereby is received and
COUNSEL.
filed.
ADOPTED
NO. 67
SUPPORT ADOPTION PROGRAM-ANIMAL SHELTER
LEGISLATION
Copies of Petition in Clerk’s Office
(RICHARD A. FONTANA, CHAIRMAN)
RECEIVED AND FILED.
NO. 75
NAME MILLARD/GATES RAMP AFTER HENRY J.
REGULAR COMMITTEES
OSINSKI
CIVIL SERVICE
CCP# 95-MAY 11, 2004
(BONNIE E. RUSSELL, CHAIRPERSON)
That the above item be and the same is returned to
NO. 68
the Common Council without recommendation.
APPOINTMENT
Mr. Fontana moved:
DISPATCHER (CONT. PENN.) (INTER) (PW)
That pursuant to Section 286-3 of the City Code, the
(ITEM NO. 30-C.C.P. MAY 11, 2004)
City Clerk is authorized to hold a public hearing to consider
That Communication 30, May 11, 2004 be
changing the name of the Millard Fillmore/Gates Circle
received and filed and the contingent permanent
Hospital Ramp to the Henry J. Osinski Parking Ramp.
appointment of Kelly Hahn stated above at the intermediate
Messrs. Fontana and Griffin are in support of this
salary of $30,116 effective on April 26, 2004 is hereby
name change and wish to have their names added to this
approved.
item.
PASSED
A public hearing has been set, before the Common
AYES-9. NOES-0.
Council, at this regularly scheduled meeting, on the above
item, and a Notice of same has been published in the Buffalo
NO. 69
News for two consecutive weeks, a copy of which is
APPOINTMENT
attached hereto.
SENIOR ENGINEERING AIDE-WATER (INTER) (PW)
On a motion by Mr. Coppola, seconded by Mr.
(ITEM NO. 3 1-C.C.P. MAY 11, 2004)
Fontana,
That Communication 31, May 11, 2004 be
before the Common Council, and the hearing is opened.
received and filed and the permanent appointment of Brian
CARRIED.
Cannon stated above at the intermediate salary of $34,047
Appearances: Henry J. Osinski.
effective on May 3, 2004 is hereby approved.
Mr. Coppola moved that the hearing be closed. Seconded by
PASSED
Mr. Bonifacio.
AYES-9. NOES-0.
Mr. Coppola now moved that, after the required public
hearing held by this Common Council, the above item be
NO. 70
and the same hereby is approved.
NOTICES OF APPT. -TEMP./PROV. /PERM. (C. CLK.)
Seconded by Mr. Fontana.
(CCP#44-MAY 11, 04)
PASSED.
That the above item be and the same hereby is received and
AYES-9. NOES-0.
filed.
ADOPTED
NO. 76
A. O'KEEFE, PETITION TO USE 1457 A/K/A 1459
FINANCE
HERTEL AVENUE - SIDEWALK CAFE
(BRIAN C. DAVIS, CHAIRMAN)
(ITEM NO. 53, C.C.P., MAY 11, 2004)
NO. 71
That after the public hearing before the
REQ. FOR INFO. -KLEINHANS, SHEA'S & ZOO
Committee on Legislation on May 18, 2004, the petition, of
ACCOUNTS (PW)
A. O'Keefe, agent, for permission to use 145 7 a/k/a 1459
(CCP#27-MAY 11, 04)
Hertel Avenue for a sidewalk cafe be, and hereby is
That the above item be and the same hereby is received and
approved.
filed.
Passed.
ADOPTED
AYES-9. NOES-0.
NO. 72
NO. 77
RESP.-SAVE OUR STREETS, WEED & SEED & JOB
SCOTT MAYNARD, PETITION TO USE 765 ELMWOOD
SPEC.-COMPLAINT CLERK (CIT. SVS.)
AVENUE - SIDEWALK CAFE
(CCP#3-MAY 11, 04)
(ITEM NO. 54, C.C.P., MAY 11, 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 May 18, 2004, the petition of Scott
ADOPTED
Maynard, agent, for permission to use 765 Elmwood Avenue ADOPTED.
for a sidewalk cafe be, and hereby is approved.
Passed. NO. 83
AYES-9. NOES-0. A. GIACALONE- ISSUES RAISED AT PUBLIC HEARING
3/30/04 - KALEIDA HEALTH-WOMEN AND
NO. 78 CHILDREN'S HOSP. - HELIPORT
SCOTT MAYNARD, PETITION TO USE 88 WEST (ITEM NO. 42, C.C.P., APR. 27,2004)
CHIPPEWA - SIDEWALK CAFE That the above item, be, and the same hereby is
(ITEM NO. 55, C.C.P., MAY 11, 2004) returned to the Common Council without recommendation.
That the above item be, and the same hereby is, Mr. Fontana moved:
returned to the Common Council without recommendation. That the above item be and the same hereby is received and
Mr. Fontana moved: filed.
That after the petition of Scott Maynard, agent, for ADOPTED.
permission to use 88 West Chippewa Street for a sidewalk
cafe measuring 42" high, 6' x 25' be, and hereby is NO. 84
approved. W. DANGLER - KALEIDA HEALTH-WOMEN AND
Passed. CHILDREN'S HOSP. - HELIPAD SUMM. REPORT -
AYES-9. NOES-0. (ITEM NO. 56, C.C.P., MAR. 30,2004)
(ITEM NO. 102, C.C.P., APR. 13, 2004)
NO. 79 That the above item be, and the same hereby is returned to
SCOTT MAYNARD, PETITION TO USE 88 WEST the Common Council without recommendation.
CHIPPEWA - SIDEWALK CAFE FENCES Mr. Fontana moved:
(ITEM NO. 56, C.C.P., MAY 11, 2004) That the above item be and the same hereby is received and
That the above item be, and the same hereby is, filed.
returned to the Common Council without recommendation. ADOPTED.
Mr. Fontana Moved:
That after the petition of Scott Maynard, agent, for NO. 85
permission to use 88 West Chippewa Street for fences ORD. AMEND.-CHAPTER 175-FEES-CHAPTER
around a sidewalk cafe measuring 42" high, 31’ x 6' be, and 413-STREETS & SIDEWALKS
hereby is approved. (CCP# 115 -APR. 27, 04)
Passed. That the above item be and the same hereby is received and
AYES-9. NOES-0. filed.
ADOPTED
NO. 80
Z. OWENS, PETITION TO USE 1435 MAIN STREET - NO. 86
SIDEWALK CAFE ORD. AMEND.-CHAPTER 175-FEES-CHAPTER
(ITEM NO. 50, C.C.P., APR. 27, 2004) 413-STREETS & SIDEWALKS (PW)
That the above item be, and the same hereby is, (CCP#22-MAY 11, 04)
returned to the Common Council without recommendation. That the above item be and the same hereby is received and
Mr. Fontana moved: filed.
That after the public hearing before the Committee ADOPTED
on Legislation on May 4, 2004, the petition of Z. Owens,
owner, for permission to use 1435 Main Street for a sidewalk NO. 87
cafe be, and hereby is approved. REVIEW ONLINE ELECTRICAL PERMIT PROCESS (#103,
Passed. 3/2)
AYES-9. NOES-0. (CCP#86-MAR. 30,04)
That the above item be and the same hereby is received and
NO. 81 filed.
R. MOORE- REQ. RENEW APPL. - KALEIDA ADOPTED
HEALTH-WOMEN AND CHILDREN'S HOSP. - HELIPAD
(ITEM NO. 74, C. C.P., MAR. 3 0, 2004) NO. 88
(ITEM NO. 100, C.C.P., APR. 13, 2004) REVIEW ONLINE ELECTRICAL PERMIT PROCESS (MIS)
That the above item be, and the same hereby is (#23, 3/16)
returned to the Common Council without recommendation. (CCP#87-MAR. 30,04)
Mr. Fontana moved: That the above item be and the same hereby is received and
That the above item be and the same hereby is received and filed.
filed. ADOPTED
ADOPTED.
NO. 89
NO. 82 REVIEW OF ONLINE ELECTRICAL PERMIT PROCESS
A. GIACALONE- REQ. RENEW APPL. - KALEIDA (PERMITS/INSP.) (#42, 3/16)
HEALTH-WOMEN AND CHILDREN'S HOSP. - (CCP#88-MAR. 30,04)
HELIPORT That the above item be and the same hereby is received and
(ITEM NO. 53, C.C.P., MAR. 2, 2004) filed.
(ITEM NO. 101, C.C.P., APR. 13, 2004) ADOPTED
That the above item be, and the same hereby is
returned to the Common Council without recommendation. NO. 90
Mr. Fontana moved: REFERENDUM ON CASINO GAMING IN BUFFALO
That the above item be and the same hereby is received and (CCP#159-MAR. 30,04)
filed.
That the above item be and the same hereby is received and Avenue. That the Department of Public Works be requested
filed. to change these restrictions immediately.
ADOPTED ADOPTED.
NO. 91 NO. 99
REFERENDUM ON CASINO GAMING (LAW) CHANGE PARKING RESTRICTIONS ON MOSELLE
(CCP#22-APR. 27, 04) STREET
That the above item be and the same hereby is received and (ITEM NO. 124, C.C.P., APR. 27, 2004)
filed. That the Common Council approves the change in
ADOPTED. parking restrictions on Moselle Street from 650 to 700 (odd
and even) wherein no parking Monday-Friday 7am to 10am
NO. 92 and 4pm to 7pm to allow 10 minute parking. That the
ST
ENFORCEMENT OF NOISE ORDINANCES (EXC. 1 AND Department of Public Works be requested to change these
ND
2 RES.) restrictions immediately.
(CCP#151-APR 13, 04) ADOPTED.
That the above item be and the same hereby is received and
filed. NO. 100
ADOPTED. A. THOMPSON-TRI-MAIN DEV.-REQ. TO USE HALBERT
ST. FOR TRI-MAIN PKG.
NO. 93 (CCP#51-MAY 11, 04)
ENFORCEMENT OF NOISE ORDINANCES (A&F) That the above item be and the same hereby is received and
(CCP#26-APR. 27, 04) filed.
That the above item be and the same hereby is received and ADOPTED
filed.
ADOPTED NO. 101
SIDEWALK CAFE - 830 ABBOTT ROAD
NO. 94 (ITEM NO. 28, C.C.P., MAY 21, 2004)
ENFORCEMENT OF ILLEGAL DUMPING ORDINANCES That the Commissioner of Public Works, Parks and Streets
(A&F) be, and he hereby is authorized to deny a "mere license" to
(CCP#25-APR. 27, 04) Sean Doctor, owner of Doctor's Pizza Bar & Grill, located at
That the above item be and the same hereby is received and 830 Abbott Road.
filed. ADOPTED.
ADOPTED AYES-BONIFACIO, DAVIS, FONTANA, FRANCZYK,
GOLOMBEK, GRIFFIN, RUSSELL, THOMPSON-8.
NO. 95 NOES-COPPOLA-1.
ENFORCEMENT OF ILLEGAL DUMPING ORDINANCES
(PW) NO. 102
(CCP#21-MAY 11, 04) SIDEWALK CAFE - 5 GENESEE STREET
That the above item be and the same hereby is received and (ITEM NO. 29, C.C.P., MAY 11, 2004)
filed. That the Commissioner of Public Works, Parks and Streets
ADOPTED be, and he hereby is authorized to issue a mere license" to
Ms. Elena Kostadinovski, owner of Buffalo Red Hots, located
NO. 96 at 5 Genesee Street, to install a sidewalk cafe, which would
W. STACHOWSKI-MOVING BD. OF ED. ELECTIONS encroach city right-of-way at said address, subject to the
(CCP#50-MAY 11, 04) following conditions:
That the above item be and the same hereby is received and 1. That the applicant obtains any and all other City of Buffalo
filed. permits necessary for said installation.
ADOPTED 2. That the sidewalk cafe be installed exactly as shown on
plans submitted to and approved by the Department of
NO. 97 Permit and Inspection Services.
BOARD OF TRUSTEES FOR CITY OF BUFFALO 3. That the sidewalk cafe does not exceed twenty feet (20')
LIBRARIES in length or extend more than twenty feet (20') from the
(ITEM NO. 109, C.C.P., MAR. 2, 2004) building face.
(ITEM NO. 79, C.C.P., MAY 11, 2004) 4. That no portion of the sidewalk cafe be permanent in
That the above item be, and the same hereby is nature or permanently affixed to the main building or public
returned to the Common Council without recommendation. sidewalk.
Mr. Coppola moved: 5. That the sidewalk cafe be completely removed from City
That the above item be and the same hereby is received and right-of-way from November 15 to April 1 each year.
filed. 6. That the applicant be assessed the annual fee of one
ADOPTED. dollar and thirty cents ($1.30) per square foot of City
right-of-way occupied by said sidewalk cafe as described in
NO. 98 Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the
CHANGE PARKING RESTRICTIONS ON DONALDSON City Ordinances.
ROAD 7. That the applicant supply the Department of Public Works,
That the Common Council approves the change in Parks and Streets with a five thousand dollar ($5,000.00)
parking restrictions on Donaldson Road from 153 -to 200 construction in street bond or certificate of insurance which
Donaldson Road (odd side only) wherein no parking 7am to will indemnify and save harmless the City of Buffalo against
10am Monday-Friday, and 2pm to 4pm Monday-Friday any and all loss or damage arising out of the construction,
(except holidays), and no parking 30 feet from Northland maintenance, use and removal of said sidewalk cafe.
Passed.
AYES-9. NOES-0. L. MECKLER-NFTA-RESPONSE-WATERFRONT LAND
OWNERSHIP
NO. 103 (CCP#47-APR. 27, 04)
SIDEWALK CAFE, EXPANSION - 75 WEST CHIPPEWA That the above item be and the same hereby is received
(ITEM NO. 19, C.C.P., APR. 27, 2004) and filed.
That the Commissioner of Public Works, Parks ADOPTED
and Streets be, and he hereby is authorized to grant
permission to Michael Sherk, owner of McMonkeez and Zoo NO. 108
Bar, located at 75 West Chippewa, to expand said sidewalk D. TUMER-BFLO. NEWS ART-PEACE BRIDGE
caf6 from 40' in length to 65' in length, which would encroach AUTHORITY, ASTHMA CAPITALS IN US
city right-of-way at said address, subject to the same (CCP#52-MAY 11, 04)
conditions as previously approved in Item No. 114, C.C.P., That the above item be and the same hereby is received
May 13, 1997. and filed.
Passed. ADOPTED
AYES-9. NOES-0.
RESOLUTIONS
NO.109
NO. 104 SPONSORS: MR. THOMPSON, MR. BONIFACIO AND MR.
SIGN, ETC. ENCROACHMENT - BUFFALO NIAGARA DAVIS
MEDICAL CAMPUS INVEST IN SCHOOLS, INVEST IN KIDS
(ITEM NO. 20, C.C.P., APR. 27,2004) WHEREAS: the Common Council of Buffalo believes
(ITEM NO. 83, C.C.P., MAY 11, 2004) the City of Buffalo must provide quality public education to all
That the Commissioner of Public Works, Parks and Streets its residents; and
be, and he hereby is authorized to issue a "mere license" to WHEREAS: The City of Buffalo has experienced
Ms. Amy Schmit, Project Manager for the Buffalo Niagara severe cuts to services and has been put under the control
Medical Campus ("BNMC"), to install signage, benches, of a Fiscal Stability Board because of dire financial straits
planters and trash receptacles, which would be located that relate to New York State's $5 billion deficit; and
within the vicinity of Buffalo General Hospital, Roswell Park WHEREAS: The federal share of education is too
Center Institute and other medical buildings, subject to the small. And the President and Congress promised states
following conditions: $34.3 billion in Fiscal Year 2005 to pay for the cost of
1 . That BNMC obtains any and all other City of improving schools, teacher quality and training, and our
Buffalo permits necessary for said installations. children's education; and
2. That each individual encroachment is approved WHEREAS: President Bush and the U.S. Congress'
with regards to location by the Division of Engineering prior FY2005 budget proposal undermines our state and local
to installation. efforts in improving education by shortchanging No Child
3. That the encroachments be installed a minimum of Left Behind by $9.4 billion; therefore be it
two fee from the curb line and that a minimum of five feet of NOW BE IT THEREFORE RESOLVED:
sidewalk remains unobstructed. That the Common Council of Buffalo calls upon the
4. That sight distance as described in the New York members of the New York State Delegation to the United
State Manual of Uniform Traffic Control Devices is States Congress to vote to increase funding for public
maintained. education to the amount authorized in No Child Left Behind;
5. That BNMC be responsible for maintenance of and
said encroachments as long as they remain within City BE IT FURTHER RESOLVED:
right-of-way. That the Common Council of Buffalo calls upon the
6. That BNMC supply the Department of Public members of the New York State Delegation to the United
Works, Parks and Streets with a certificate of insurance in an States Congress to vote against making any future tax
amount deemed sufficient by the Corporation Counsel, breaks or making permanent 2001 and 2003 tax cuts for
which will indemnify and save harmless the City of Buffalo wealthy Americans or large corporations, that erode the
against any and all loss or damage arising out of the funding available for education and other critical domestic
installation, use and removal of said encroachments. priorities; and
PASSED BE IT FINALLY RESOLVED:
AYES - 9 NOES - 0 That the Common Council of Buffalo be and is hereby
authorized and directed to transmit duly certified copies of
COMMUNITY DEVELOPMENT this resolution to President George W. Bush, the members of
(JOSEPH GOLOMBEK JR., CHAIRMAN) the New York State Federal Delegation, and Governor
NO.105 Pataki.
DEV. A POLICY FOR REUSING CITY SCHOOLS (PW) ADOPT
(CCP#20-MAY 11, 04)
That the above item be and the same hereby is received NO. 110
and filed. SPONSOR: MR. COPPOLA, MR. BONIFACIO
ADOPTED CHILDREN'S HOSPITAL HELLIPAD
Whereas- The Women and Children's Hospital of Buffalo has
NO. 106 applied to the City of Buffalo Common Council for approval
E. CROTTY-INFO. -WATER WEEK, ETC. under City Code Chapter 63 to operate a privately-owned
(CCP#46-MAY 11, 04) helipad for emergency medical services for patients of
That the above item be and the same hereby is received WCHOB; and
and filed. Whereas: WCHOB is a New York State certified emergency
ADOPTED trauma center serving all of Western New York; and
Whereas- Patients requiring emergency care at WCHOB
NO. 107 currently are delivered by helicopter to a remote location at
Erie County Medical Center requiringambulance transfer is practicable, consistent with applicable laws and
and transportation to WCHOB; regulations.
Whereas: WCHOB has advised that the proposed 2. The Hospital shall, within six months after the initiation of
helipad will greatly enhance WCHOB's ability to provide helicopter flights, hold an open community meeting to hear
emergency medical treatment to critically ill patients during any community concerns about the helipad.
the first hour of care (the "Golden Hour") and will BE IT FURTHER RESOLVED:
dramatically improve such patient's chance of survival; and That WCHOB's site plan application shall be deemed
Whereas- The proposed helipad constitutes an resubmitted to the City of Buffalo Planning Board for further
"unlisted action" for purposes of review under The New York consideration in light of the Common Council's Negative
State Environmental Quality Review Act ("SEQRA"), and Declaration
Whereas: The City of Buffalo Common Council as lead Be it finally resolved:
agency has elected to conduct a coordinated SEQRA review That the WCHOB notify The Common Council within two
of the proposed helipad with the City of Buffalo Planning weeks of the Community Meeting of the time, date and the
Board in connection with its site plan review; and location of the meeting.
Whereas.- Pursuant to City Code § 63-3(C), the PASSED
Common Council has duly referred this matter to the City of AYES - 9 NOES - 0
Buffalo Department of Permits and Inspection Services; the
City of Buffalo -Commissioner. of Police; the City of Buffalo NO. 111
Commissioner of Public Works, Parks and Streets; the City SPONSO MR. COPPOLA, MR. BONIFACIO, MR. DAVIS,
of Buffalo Fire Department and the New York State. MR. THOMPSON
Department of Transportation, all of which have expressed GRANT PERMISSION FOR PRIDE BUFFALO TO HANG
their support for the proposed emergency services helipad; BANNERS ON ELMWOOD AVENUE
and Whereas- PRIDE Buffalo will be holding their parade for the
Whereas: WCHOB has received from 1 1th year,- and
the Federal Aviation Administration a Favorable Airspace Whereas- They have requested permission to a hang
Determination for the project and banners on the following city owned light poles on Elmwood
Whereas- The Common Council has
reviewed and Avenue
considered WCHOB's Chapter 63 application, the 201, 214, 225, 238, 247, 257, 258, 305, 314, 374, 405,
accompanying SEQRA Environmental Assessment Form as 448, 457,
supplemented, agency and expert opinions and public 493 , 502, 55,09, 538, 570, 615, 647, 656, 702, 738, 743,
comments concerning the proposed emergency services 752, 770,
helipad at various public hearings, and other relevant 815, 826, 838, 856, 892, 905, 932, 938, 946, 945, and
documentation in light of the environmental criteria Whereas PRIDE Buffalo would like to display these banners
prescribed by SEQRA. from June 1, 2004 until June 19, 2004;and
Whereas: Based on the Common Council's consideration of Whereas: PRIDE BUFFALO has been has been in contact
the information and various agency and expert opinions with the City of Buffalo’s Traffic Engineering Department and
referred to in the Negative Declaration, the Common Council understands all the requirements necessary for proper
finds that the proposed helipad operations will be conducted installation of the banners.
without risk of hazard to persons or property on the surface Now Therefore Be It Resolved:
or to other aircraft, and without undue interference with the This Common Council supports PRIDE Buffalo in its
use of property on the surface and at an altitude which will endeavor, and subject to the conditions set forth by the
permit an emergency landing without undue hazard to Department of Public Works, Parks & Streets, grants them
persons or property on the surface; permission to hang banners on the city owned light poles
Whereas- The Common Council finds that, based upon the mentioned above on Elmwood Avenue from June 1, 2004
extensive record before it, the proximity of liquid oxygen until June 19, 2004.
storage tanks to the proposed helipad does not present a PASSED
material public health and safety risk and that relocation of AYES - 9 NOES - 0
the tanks is not necessary to ensure safe operation of the
proposed helipad; and NO. 112
Whereas- To the extent that relocation of the tanks may BY: COUNCILMEMBER DAVIS
nonetheless further enhance the aesthetics of the hospital LAND DISPOSITION AGREEMENT
operations, the Common Council finds that WCHOB must PORTION OF BLOCK 2
exercise its reasonable best efforts to locate the tanks on 700 MICHIGAN -WESTERN
hospital property as far from residential uses as is NEW YORK MEDICAL ARTS
practicable. CENTER LLC - REDEVELOPER
NOW, THEREFORE, BE IT RESOLVED- WHEREAS, the Buffalo Urban Renewal Agency has duly
That the Common Council hereby adopts the Negative designated Western New York Medical Arts Center LLC
Declaration for the reasons set forth therein, finding that, and/or other legal entity to be formed as qualified and
subject to certain conditions specified therein, WCHOB's eligible Redeveloper in accordance with rules and
proposed helipad will not present a significant adverse procedures duly adopted by the Agency; and
environmental impact,- and WHEREAS, the City Clerk has published a Notice of Public
NOW, THEREFORE, BE IT FURTHER RESOLVED.- Hearing, as required by Section 507, Subdivision 2(d) of the
That WCHOB's Chapter 63 application to operate the "General Municipal Law" and
proposed emergency services helipad is hereby approved, WHEREAS, the proposed Land Disposition Agreement has
subject to the conditions in the negative declaration and been duly submitted to this Common Council by the Buffalo
those set forth herein- Urban Renewal Agency; and
1. WCHOB shall, within two (2) years after the initiation of NOW, THEREFORE, BE IT RESOLVED:
helicopter flights, submit applications for all approvals 1. Western New York Medical Arts Center LLC and/or other
necessary to relocate the existing liquid oxygen storage legal entity to be formed was duly designated as qualified
tanks onto WCHOB property as far from residential uses as and eligible Redeveloper by the Buffalo Urban Renewal
Agency, is hereby approved as the Redeveloper for a portion This Council requests the Department of Public Works to file
of Block 2 in the Oak Michigan Industrial Corridor Phase IIB the appropriate notification serials to reflect the desire to
Urban Renewal Area. have the signage removed.
2. That the Mayor, the Chairman, Vice-Chairman, or any ADOPTED
officer of the Buffalo Urban Renewal Agency is hereby
authorized to execute any and all deeds or other documents NO. 115
necessary to convey land described in the proposed "Land BY: MR. DAVIS
Disposition Agreement" to Western New York Medical Arts PERMISSION TO HANG BANNERS AND AMERICAN
Center LLC, as Agent for a LLC to be formed and/or other FLAGS – SUMMER EVENTS ON CHIPPEWA STREET
legal entity to be formed in accordance with the terms of said Whereas: The Chippewa Entertainment District Association
Agreement and for the consideration recited therein. would like to advertise summer events on Chippewa Street -
REFERRED TO THE COMMITTEE ON COMMUNITY Chippewa Cruiser Tuesdays; and
DEVELOPMENT Whereas: In order to promote the events, the Chippewa
Entertainment District Association is requesting
NO. 113 permission to hang a banner on Chippewa Street between
BY: COUNCILMEMBER DAVIS Delaware Avenue and Franklin Street; and
SET PUBLIC HEARING Whereas: The Chippewa Entertainment District Association
OAK MICHIGAN INDUSTRIAL CORRIDOR - is also requesting permission to install American Flags on
PHASE IIB - PORTION OF BLOCK 2 - 700 the below listed lightposts located on:
MICHIGAN WNY MEDICAL ARTS CENTER LLC - Delaware Avenue: three (3) south and three (3) north of
REDEVELOPER Chippewa St.
VV`HEREAS, Western New York Medical Arts Center LLC. Chippewa Street: 16 between Pearl and Delaware Avenue
and/or other legal entity to be formed (herein referred to as Franklin Street: three (3) south and three (3) north of
the "Redeveloper") has been duly designated as qualified Chippewa St.
and eligible Redeveloper in accordance with the rules and Now, Therefore, Be It Resolved:
procedures prescribed by the City of Buffalo Urban That the Common Council of the City of Buffalo grants
Renewal Agency; and permission to the Chippewa Entertainment District
WHEREAS, the City of Buffalo Urban Renewal Agency and Association to hang the banner and American Flags
the Redeveloper has negotiated a Land Disposition advertising summer event; and
Agreement for a portion of Block 2 known as 700 Michigan Be It Further Resolved:
in the Oak Michigan Industrial Corridor Phase IIB Urban Chippewa Entertainment District Association will have to
Renewal Area; and request the permission of the businesses that will have the
WHEREAS, the terms of said Land Disposition Agreement banners affixed to their structures, and will purchase the
have been approved by the City of Buffalo Urban Renewal necessary bond before the banners are hung;
Agency; and Be It Further Resolved That:
WHEREAS, said Land Disposition Agreement has been That said banners and flags will hang on Chippewa Street
forwarded by the City of Buffalo Urban Renewal Agency to between Delaware Avenue and Franklin Street from May 26,
this Common Council for action, pursuant to section 507, 2004, through September 7, 2004; and
subdivision 2(d) of the General Municipal Law; and Be It Finally Resolved:
WHEREAS, Article 15A of the "General Municipal Law" That said banners and flags meets all the requirements of
requires that the disposition of land in an Urban Renewal pertinent City departments and that no existing laws are
Project may be approved only after a public hearing on due violated.
notice. PASSED
NOW, THEREFORE, BE IT RESOLVED: AYES - 9 NOES - 0
1. That the City Clerk is hereby directed to publish the
notice attached hereto and marked "Notice of Hearing" in NO. 116
the Buffalo News, no later than the 28th day of May 2004. BY: DAVID FRANCZYK PRESIDENT OF THE COUNCIL
2. That this Common Council will conduct a Public Hearing PROPOSED LAND TRANSFER OF
on the matter stated in said "Notice of Hearing" at 2:00 P.M. SIXTY-NINE (69) PARCELS FROM BNRC TO
in the Council Chambers on the 8h of June 2004. THE CITY OF BUFFALO
ADOPTED WHEREAS, the parcels listed on the attachment are
currently in title to the Buffalo Neighborhood Revitalization
NO. 114 Corporation. None of them are in the Homeownership Zone
BY: BRIAN C. DAVIS and they were acquired either from the City of Buffalo or
REMOVAL OF "NO PARKING ANYTIME" SIGNS IN HUD.
FRONT OF 896 JEFFERSON AVE. Buffalo Neighborhood Revitalization Corp. can no longer
Whereas: On Jefferson Avenue there are areas of "No afford to carry these properties for insurance and user fees,
Parking Anytime" zones; and etc. and they will not be used for new housing.
Whereas: Leaders of Old Landmark Church of God in NOW THEREFORE, BE IT RESOLVED, by the Common
Christ, located at 896 Jefferson Avenue, have requested that Council of the City of Buffalo that the Common Council has
the (2) "No Parking Anytime" signs be removed from in front at it's meeting of May 25,2004 approved the transfer of said
of the church premises; and sixty nine (69) properties to the City of Buffalo.
Whereas: The church provides important services in the 1 ) That upon approval of the above mentioned transfer of
community, and a rash of recent parking tickets have caused title by the Common Council of the City of Buffalo, pursuant
hardships in the community; to Section 507 subdivision 2(d) of the General Municipal
Now, Therefore, Be It Resolved That: Law, the Vice President of the Buffalo Neighborhood
This Common Council hereby requests that the (2) "No Revitalization Corporation is hereby authorized to execute
Parking Anytime" signs be removed from in front of the necessary deeds on behalf of the Buffalo Neighborhood
church premises; and Revitalization Corporation, and the Secretary is directed to
Be It Further Resolved That: place the Corporate Seal thereon.
REFERRED TO THE COMMITTEE ON COMMUNITY BY: MR. GRIFFIN CO-SPONSOR: MR. COPPOLA, MR.
DEVELOPMENT BONIFACIO, MR. FRANCZYK, MR. GOLOMBEK, MS.
RUSSELL, MR. THOMPSON, MR. DAVIS AND MR.
NO. 117 FONTANA
BUFFALO FISCAL STABILITY AUTHORITY BUFFALO FISCAL STABILITY AUTHORITY'S COST TO
CERTIFICATE OF SATISFACTION THE CITY OF BUFFALO
Pursuant to Buffalo Fiscal Stability Authority Resolution No. Whereas: Last year the City of Buffalo paid $1 million to
04-36, approved by the Buffalo Fiscal Stability Authority the Buffalo Fiscal Stability Authority (Control Board). That
Board of Directors on April 21, 2004, the City of Buffalo is money is used by the Control Board to pay for rented office
authorized to conduct a capital for 2004, in an
bond sale space, employee salaries and fringes, and other costs
amount not to exceed $22.47 million dollars, on the condition associated with the Control Board's operating expenses;
that the Executive Director of the Buffalo Fiscal Stability and
Authority evidences satisfaction with (1) the final list of Whereas: The Control Board's funding comes directly out of
projects to be included in the bond sale, and (2) the final the City of Buffalo's budget;
pricing terms of the bond sale. Execution of this Certificate and
will provide documentary evidence of the satisfaction of one Whereas: For the fiscal year 2004-2005, the Control Board is
of the above conditions. asking for $1.2 million; $200,000 more than 2003-04, which
I, Dorothy A. Johnson, Executive Director of the Buffalo represents a 20% increase from last year; and
Fiscal Stability Authority, have reviewed a list of projects the Whereas: The Control Board has put a wage freeze in place
City proposes for inclusion in the 2004 City of Buffalo Capital for City of Buffalo employees and has continually stressed
Bond Sale. I am now prepared to certify my satisfaction with that the City needs to do more with less; and
the final list of projects as listed below. The $1,500.000 for Whereas: Yet the Control Board is asking the City of Buffalo
Main Street Reconstruction, $250,000 for Signal and its taxpayers to foot the bill to the tune of $1.2 million for
Improvements and $750,000 for South Park Lift Bridge are their budget, while at the same time City taxpayers are being
approved for bonding for no longer than five years. By hit with property tax increases and a double-digit increase in
acceptance of this Certificate, the City of Buffalo has the garbage user fee; and
completed Condition Number One of Buffalo Fiscal Stability Whereas While the Buffalo Fiscal Stability Authority was
Authority Resolution No. 04-36 to my satisfaction. created by the State of New York, City of Buffalo taxpayers
FINAL PROJECTS APPROVED are being burdened with funding this agency without any
AMOUNT help from New York State;
Main Street Reconstruction $1,500,000 Now, Therefore be it Resolved:
Signal Improvements $ 250,000 That the Common Council requests the State of New York to
South Park Lift Bridge $ 750,000 cover the operational costs associated with the running of
Citywide Parks & Playgrounds $ 300,000 the Buffalo Fiscal Stability Authority; and
Tree Trimming & Removal $1,000,000 Be it further resolved
HOPE VI $ 600,000 That the Common Council request that the NYS Comptroller
Infrastructure Improvements $2,000,000 request that the BFSA provide the office with a detailed
Redevelopment & Clearance $ 500,000 budget outlining all revenues and expenditures for their fiscal
Cazenovia Slope Walls $2,000,000 year.
Frederick Douglass Towers $1,400,000 Be it Further Resolved:
Redevelopment & Clearance $3,000,000 That the City Clerk's office send certified copies of this
City Hall Restoration $1,500,000 resolution to Governor George Pataki, to Assembly Speaker
Firehouse Construction $ 661,500 Sheldon Silver, to the clerk of the Assembly, to Senate
Jefferson Avenue Library $ 100,000 Majority Leader Joseph Bruno, to the Secretary of the
Various School Needs $1,500,000 Senate, and to the members of the Western New York
Oil Tank Replacement (Schools) $1,200,000 delegation of the New York State Senate, to the Buffalo
APPROVED TOTAL$18,261,500 Fiscal Stability Authority, The WNY Delegation of NYS
REFERRED TO THE COMMITTEE ON FINANCE Assembly and Majority Leader Paul Tokasz and to Mayor
Anthony M. Masiello.
NO. 118 ADOPTED
BY: MR. GOLOMBEK
SUBARU BUFFALO 4 MILE CHASE BANNER NO. 120
Whereas: Organizers of Subaru Buffalo 4 mile Chase will be BY. MS. RUSSELL
sponsoring this race which will be held on Saturday, July BUDGET AND PERSONNEL AMENDMENT
17th, and 50-DEPARTMENT OF PUBLIC WORKS, PARKS &
Whereas: this year marks the 24hannual run, and STREETS
Whereas: to publicize the event, the Race Director has 1230 - STREET CLEANING & SNOW REMOVAL
requested permission to display a banner across Elmwood From: 15030001 - 41100 1 Salaries $ 3,107~812.00
Avenue from 946 Elmwood Avenue to 951 Elmwood To: 15030001 - 411001 Salaries $ 3,107,812.00
Avenue, and From:
Whereas: the period the banner would be on display would 4 Dispatcher $ 28,179 - $ 31,838
be from June 11th through July 17 th 2004 To:
Now, Therefore, Be It Resolved: 5 Dispatcher $ 28,179 - $ 31,838
The sponsors of the Subaru Buffalo 4 Mile Chase be granted IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the
permission to hang a banner on Elmwood Avenue from June Charter, that the immediate passage of the foregoing
11th through July 17 th 2004 ordinance is necessary.
PASSED We, JOSEPH A GIMBRA, COMMISSIONER OF PUIBLIC
AYES - 9 NOES - 0 WORKS, STREETS & PARKS AND MICHAEL A. SEAMAN
DIRECTOR OF BUDGET, hereby certify that the above
NO. 119 change is necessary for the proper conduct, administration
and performance of essential services of that department. That the following persons are hereby appointed as
We recommend that the compensation for said position be Commissioner of Deeds for the term ending December 31,
fixed at the respective amount set forth in the foregoing 2004, conditional, upon the person so appointed certifying
ordinance. under oath to their qualifications and filing same with the City
APPROVED AS TO FORM Clerk-
CORPORATION'COONSEL Thomas Carter
Attachment 3/29/04 PASS John Glose
PASSED Stephen Godzisz
AYES - 9 NOES - 0 Michael Lombardo
Jacalyn Neenan
NO. 121 Charles Sanders
BY: MRS. RUSSELL Keith Siler
PERMIT KENSINGTON BAILEY NEIGHBORHOOD Brenda Ward
HOUSING SERVICES TO HANG BANNER Jeffrey Conrad
Whereas: Kensington Bailey N-HS requests permission to Patricia Glose
hang a banner on Bailey Avenue near Kensington Avenue Deborah Hann
(poles 3064 and 3065) to raise community awareness of the Marvin Moss
Blues & Barbecue Festival: and Jennifer Norsen
Whereas: This banner will hang Tuesday, June 12004 to James Scherer
June 7 2004: and Leah Staszah
Whereas: The City of Buffalo proudly supports the efforts of Total: 15
the Kensington Bailey Neighborhood Housing Services; and ADOPTED
Now, Therefore Be It Resolved:
That the City of Buffalo hereby permits the Kensington NO. 124
Bailey Neighborhood Housing Services to hang a banner on BY: ANTOINE M. THOMPSON
Bailey Avenue near Kensington Avenue from June 1, to APPOINTMENTS
June 7 2004 to raise awareness of the Blues & Barbecue COMMISSIONERS OF DEEDS
Festival, in accordance with all conditions, restrictions, and REQUIRED FOR THE PROPER
requirements as set forth by the City of Buffalo and the PERFORMANCE OF PUBLIC DUTIES
Department of Public Works, Parks and Streets. That the following persons are hereby appointed as
Bonnie E. Russell Commissioner of Deeds for The term ending December 31,
PASSED 2004, conditional upon the persons so appointed certifying
AYES - 9 NOES - 0 under oath to their qualifications and filing same with the
Alfred Coppola
NO. 122 Total 1
BY: MR. THOMPSON, MI. DAVIS ADOPTED
PERMISSION TO PLACE BANNERS ALONG
JEFFERSON AVENUE NO. 125
WHEREAS: The Jefferson Avenue Beautification ANNOUNCEMENT OF COMMITTEE MEETINGS
Committee, consisting of TOPS Markets, the Jefferson The following meetings are scheduled. All meetings are
Avenue Business Association, the Masten District Council held in the Common Council Chambers, 130'floor City Hall,
Office, the Office of Strategic Planning/Commercial Area Buffalo, New York, unless otherwise noted.
Revitalization Effort, the 7th District Legislative Office, the Regular Committees
Masten Block Club Coalition, Bethel Community Committee on Civil Service Tuesday, June 1, 2004 at 9:30
Development Corporation, and Charter One Bank was o'clock A.M.
created last year to devise a beautification scheme for Committee on Finance Tuesday, June 1,
Jefferson Avenue; and 2004 at 10:00 o'clock A.M.
WHEREAS: The Committee has identified the following Civil Service
section of Jefferson Avenue from Best Street to Brunswick Committee on Legislation Tuesday, June 1,
Boulevard as a beautification target area; and 2004 at 2:00 o'clock P.M.
WHEREAS: The Committee has requested Committee on Comm. Dev. Wednesday, June 2, 2004 at 10:
permission to place banners, sizes 24" x 84", along 3 0 o'clock A.M.
Jefferson Avenue from Best Street to Brunswick Boulevard; Special Committees
and Bi-National Bridge Committee Thursday, May 27, 2004 at
WHEREAS: Funding to cover the cost of installation 2:00 o'clock P.M. in Room 1417 City Hall.
and purchase of the banners has been committed; and (Public Disclaimer): All meetings are subject to change and
WHEREAS: This project is worthy of our cancellation by the respective Chairmen of Council
consideration and approval; Committees. In the event that there is sufficient time given
NOW THEREFORE BE IT RESOLVED THAT: for notification, it will be provided. In addition, there may be
The Common Council of the City of Buffalo does hereby meetings set up whereby the City Clerk's Office is not made
grant the Jefferson Avenue Beautification Committee aware; therefore, unless we receive notice from the
permission to place banners along Jefferson Avenue from respective Chairmen, we can only make notification of what
Best Street to Brunswick Boulevard. we are made aware.
PASSED
AYES - 9 NOES - 0 NO. 126
ADJOURNMENT
NO. 123
BY: ANTOINE M. THOMPSON On a motion by Mr. Coppola, Seconded by Mrs. Russell, the
APPOINTMENTS Council adjourned at 4:30 pm
COMMISSIONER OF DEEDS CHARLES L. MICHAUX, III
CITY CLERK Common Council, pursuant to Section 3.9 of the Charter of
the City of Buffalo, for the following purpose:
To receive and take appropriate action on
All items pertaining to
1. Budget for Fiscal Year 2004-2005
Board of Police and Fire Pension Proceedings #5
We request that this Special Meeting be held on May
Office of the Mayor-201 City Hall May 20, 2004
212004 at 2:00 PM.
Present:; Anthony M. Masiello, Mayor; Frank Belliotti, Deputy
Marc Coppola
Comptroller, Michael Risman, Corporation Counsel; -3
Joseph Golombek Jr.
Absent: David A. Franczyk, Council President-1
Dominic Bonifacio
The Journal of the last meeting was approved.
Richard Fontana
No. 1
Bonnie E. Russell
I transmit herewith the Pension Payroll for the Fire Pension
Fund for the months of May 2004 amounting to $9,815.24
Pursuant to Rule 2 of the Rules of Order of the Common
and request that checks be drawn to the order of the
Council of the City of Buffalo, each of the following named
persons named herein for the amounts stated.
members of the Common Council, to wit:
Adopted
DOMINIC BONIFACIO
Ayes-3. Noes-0.
BRIAN DAVIS
No. 2
JOSEPH GOLOMBEK
I transmit herewith the Pension Payroll for the Police Pension Fund
BONNIE E. RUSSELL
for the months of May 2004 amounting to $7,500.00 and request
that checks be drawn to the order of the persons named herein for
MARC COPPOLA
the amounts stated.
RICHARD FONTANA
Adopted.
JAMES D. GRIFFIN
Ayes-3. Noes-0.
ANTOINE THOMPSON
No. 3
On motion by Mr. Masiello, the City of Buffalo Police and Fire
hereby states that he/she received twenty-four (24) hours'
Pension Board Meeting adjourned at 11:15 a.m.
notice of the time and purpose of the Special Meeting of the
Common Council duly called to be held on May 21 2004 at
SPECIAL SESSION 05/21/2004
2:00 P.M.
NO. 1
Marc Coppola
CALL FOR SPECIAL SESSION
Joseph Golombek
Mr. Charles L. Michaux, III
Dominic Bonifacio
City Clerk
Richard Fontana
1308 City Hall
James Griffin
Buffalo, New York
Bonnie E. Russell
Dear Mr. Michaux:
Brian Davis
Pursuant to Section 3.9 of the Charter of the City of Buffalo,
Antoine Thompson
upon the written request of Five Councilmembers, dated
May 20, 2004 presented to you herewith, I hereby call a
STATE OF NEW YORK
Special Meeting of the Common Council, to be held in the
COUNTY OF ERIE) ss:
Council Chambers, City Hall, Buffalo, New York, on, May 21,
CITY OF BUFFALO)
2004, at 2:00 P.M., for the following purposes:
To receive and take appropriate action on:
On this 20h day of May 2004, before me, the subscribers,
All Items Relating To
personally
1. Budget for Fiscal Year 2004-2005
appeared
Yours very truly,
David A. Franczyk
To me known to be the same persons described in and who
President of the Council
executed the foregoing instrument, and they duly and
severally acknowledged to me that they executed the same.
TO EACH MEMBER OF THE COMMON COUNCIL:
Gerald A. Chwalinski
YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9
Commissioner of Deeds, in and for the City of Buffalo, N.Y.
of the Charter of the City of Buffalo, upon the written request
My Commission expires 12/31/04
of five Councilmembers, dated May 20, 2004, DAVID A.
FRANCZYK, President of the Common Council, has called a
RECESS
Special Meeting of the Common Council, to be held in the
On a motion by Mr. Coppola Seconded by Mr. Davis the
Council Chambers, City Hall, Buffalo, New York, on May 21,
st
Council Recessed until Friday May 21 at 4:00 pm
2004 at 2:00 P.M. for the following purpose:
To receive and take appropriate action on all items relating
RECONVENE
to
At 4:00 P.M. Friday, May 21 st, 2004 the Common Council
1. Budget for Fiscal Year 2004-2005
reconvened with the following members present - Council
Yours very truly,
President
Charles L Michaux III
David A. Franczyk, Council Members Bonifacio, Coppola,
City Clerk
Davis, Fontana, Golombek, Griffin, Russell, Thompson - 9.
Absent - None.
Dear Sir:
WE, the undersigned, members of the Common Council,
RECESS
hereby request that you call a Special Meeting of the
On a motion by Mr. Coppola, seconded by Mrs. Russell
the Council recessed until Friday, May 2 1 st at 6:00 P.M.
ADOPTED. I believe it to be more prudent for Blackrock
NHS to wait for the County transfer to take
RECONVENE
place and negotiate a transfer to the County
At 6:00 P.M. Friday, May 21 st, 2004 the Common Council
reconvened with the following members present - Council
of Erie directly.
President
For these reasons, I am returning this item without my
David A. Franczyk, Council Members Bonifacio, Coppola,
approval.
Davis, Fontana, Golombek, Griffin, Russell, Thompson - 9.
Sincerely,
Absent - None.
NO. 3
RECESS
LAFAYETTE PARK ICE RINK LEASE AGREEMENT
On a motion by Mr. Coppola, seconded by Mr. Davis the
st
THIS AGREEMENT, dated May 21 2004, by and between
Council recessed until Friday, May 21st at 9:00 P.M.
the
ADOPTED.
NORTH BUFFALO COMMUNITY DEVELOPMENT
CORPORATION, located at 203 Sanders Road, Buffalo,
RECONVENE
New York (the "Operator"), and the CITY OF BUFFALO, a
At 9:00 P.M., the Committee of the Whole reconvened with
municipal corporation with its principal offices at 65 Niagara
the following members present:
Square, Buffalo, New York (the "City"),
Councilmembers Bonifacio, Coppola, Davis, Fontana,
WHEREAS, the Common Council for the City of Buffalo,
Franczyk, Golombek, Griffin, Russell, Thompson - 9. Absent:
Item # 178, Common Council Proceedings July 26, 1994,
0
authorized the North Buffalo Community Development
Seconded by Mr. Davis
Corporation to operate the LAFAYETTE PARK ICE RINK
CARRIED.
located at 160 Tacoma Avenue, Buffalo, New York, and
WHEREAS, the North Buffalo Community Development
RECESS
Corporation agreed to the terms as set forth by the Common
On a motion by Mr. Coppola, seconded by Mr. Davis the
Council,
Council recessed until Friday, May 21st at 9:50 P.M.
NOW THEREFORE, the parties hereto agree that the North
ADOPTED.
Buffalo Community Development Corporation agrees to
operate the facility in accordance with the following terms:
RECONVENE
1 . TERM
At 9:50 P.M., the Committee of the Whole reconvened with
The Operator will lease the rink for a period of five (5) years
the following members present:
from May 21, 2004 to May 20, 2009. The City retains the
Councilmembers Bonifacio, Coppola, Davis, Fontana,
right to review the management of the rink annually with the
Franczyk, Golombek, Griffin, Russell, Thompson - 9. Absent:
option of canceling the lease if it determines the building is
0
not being properly administered. The final determination of
Seconded by Mr. Davis
the cancellation of the lease shall be made by the Mayor
CARRIED.
after review with the Commissioners of Parks and Public
Works and the Common Council.
NO. 2
2. PAYMENT TO THE CITY
VETO MESSAGE - TRANSFER 1859-1869 NIAGARA
The Operator shall pay the sum of One Dollar ($1.00) per
STREET
year to the City as payment for the lease.
(ITEM #84 C.C.P. APRIL 27,2004)
3. OPERATIONS
Mr. Coppola moved to override the Mayors veto on Item No.
The Operator shall be allowed to provide
84, C,C.P., April 27, 2004 -Transfer 1859-1869 Niagara St.,
the activities that it determines appropriate
seconded by Mr. Davis
AYES - 9 NOES - 0
providing that all major tenants occupying
The Honorable Common Council
the rink in the 19931994 season will be
1308 City Hall
Buffalo, NY 14202 guaranteed the same days and hours of
Re: Veto Message
operation. Any changes in the scheduling
Item # 84 C. C.P April 27, 2004
will be mutually agreed by the Operator and
Transfer 1859 & 1869 Niagara Street
Dear Councitmembers:
the existing tenants. Any expansion of
The above referenced item authorizes the Division of Real
existing hours of operation shall be the
Estate and the Corporation Counsel to begin the process For
responsibility of the Operator including but
transferring 1859 and 1869 Niagara Street from the
Blackrock Riverside Neighborhood Housing Service to the
not limited to employee scheduling.
City of Buffalo for the purpose of dedicating them as City
4. RENTAL RATES
parkland. As you are well aware, this administration has
Hourly rental fees and public skating fees
proposed transferring all City of Buffalo parks and
playgrounds to the County of Erie. The list of park properties for the 2004-2005 season should be the
has already been forwarded to the County of Erie for
same as those prescribed in the City's
inclusion into the proposal and to the State of New York for
annual budget. Any change and/or increase
alienation and these parcels are not included on that list.
I am not opposed to this property being dedicated as
in fees exceeding ten percent (10%) shall
parkland. However, if the City were to take ownership of this
require approval of the Buffalo Common
property as we are moving toward transferring all parks to
Council.
the County of Erie, the City of Buffalo could become
responsible for maintaining a park without a Parks
5. AUDIT
Department.
A separate accounting must be maintained by the Operator to assist in offsetting the cost of its
and shall be subject to an annual audit to be performed at
programs. All advertising revenues shall be
the discretion of the City’s Comptroller. This audit shall be
the property of the Operator.
made available to the Common Council and should be
available upon request to any of the building's tenants. The
14. ASSIGNMENT
fiscal year shall be from June 1 to May 31. At the end of
This lease will run with the building and shall be binding
each fiscal year, if any funds remain with the Operator from
upon the City of Buffalo and any successor in interest to the
the operation of the rink, these funds shall be returned to the
City during the term of this lease.
City to offset the City's costs.
IN WITNESS WHEREOF, the City has caused this lease to
6. STAFFING
be executed by its Mayor, thereunto duly authorized, and the
All present City of Buffalo employees
Operator has caused this lease to be executed by a duly
authorized corporate officer.
assigned to the rink should continue as City
THE CITY OF BUFFALO
employees during regular work hours. Any
By
employee hired to accommodate the Its Mayor
NORTH BUFFALO COMMUNITY
extended schedule should be the
DEVELOPMENT CORPORATI0N
responsibility of the Operator. The Operator
By
Its
also agrees to establish affirmative action
PASSED
goals for both employees and any vendors.
AYES - 9 NOES - 0
The City reserves the right to after the
NO. 4
schedule of its employees and the number
BY: MR. COPPOLA
of employees assigned to the rink during
CITY OF BUFFALO
regular work hours. LOCAL LAW NO. . (2004)
INTRODUCTORY NO. -7 (2004)
7. UTILITIES
A LOCAL LAW amending the Charter of the City of
The City will be responsible for all utility costs for existing
Buffalo, in relation to division of Administrative Adjudication
term of this.
in the Department of Administration and Finance and the
8. MAINTENANCE
Department of Law
The Operator shall be responsible for all routine
BE IT ENACTED BY THE COMMON COUNCIL OF THE
maintenance to the facility. All capital improvements
CITY OF BUFFALO AS FOLLOWS:
including the ice surface shall be the responsibility of the
Section 1. That section 10-5 of the Charter of the City of
City.
Buffalo, adopted pursuant to law, be amended to read as
9. TAX EXEMPT STA TUS
follows:
The rink and all of its property shall remain
There shall be in the department the following divisions:
tax exempt during the term of this lease.
(a) Division of the budget and management services.
(b) Division of parking enforcement.
1O. CONCESSIONS
(c) Division of the treasury.
The Operator shall have the exclusive rights
[(d) Division of administrative adjudication.]
to sublease and/or contract for food, skate
([e]d)Division of purchase.
rental sharpening or any other concessions
([f]e)Division of collections.
Section 2. That section 10-18 through and including Section
within the rink. The concession rents shall
10-24 of the Charter of the City of Buffalo establishing the
be the property of the Operator.
Division of Administrative Adjudication be deleted and
11. PUBLIC SKATING moved to Article 12 of the Charter of the City of Buffalo,
The Operator shall allow public skating at adopted pursuant to law, and that Article 12 be amended to
read as follows:
the approved rates for the following
See. 12-4. Duties and Powers.
minimum schedules:
The corporation counsel shall prosecute and defend all
actions and proceedings brought by or against the city or
Monday and Wednesday: 3-5 p.m.
any of its officers, departments, commissions, boards, or
Friday and Saturday: 7-9 p.m.
other agencies, including the board of education and the
Sunday: 2-4 p.m.
Buffalo sewer authority. Upon taking office he or she shall be
Any changes which reduces the amount of time of public
deemed substituted for his or her predecessor in office,
skating must be approved by the Common Council.
without an order of the court, as attorney of record in any
12. INDEMNIFICATION AND INSURANCE
such action or proceeding then pending. The corporation
The Operator shall defend and indemnify the City from all
counsel shall institute and conduct all legal proceedings by
claims, lawsuits or loss of any kind relating to personal injury
the city in the exercise of its powers and eminent domain
or property damage resulting from the operation of the rink.
and shall act as prosecutor for violations of city ordinances
The Operator will provide the City with a Owner's Protective
and other laws not otherwise prosecuted within the city. The
Policy acceptable to the City's Corporation Council
corporation counsel shall administer the Bureau of
protecting the City and the Operator from all claims and
Administrative Adjudication.
lawsuits relating to the operation of the rink.
The corporation counsel shall prepare or approve as to
13. ADVERTISING
form all local laws and ordinances before they are enacted
The Operator may sell advertising rights to
by the council and shall prepare or approve as to form all
that portion of the rink which it determines
proposals for public work or service, materials, supplies and
appropriate in order to raise revenues and
equipment, and all contracts, bonds, obligations and all legal
instruments in which the city may be interested, except as
otherwise provided by title four of article two of the local review pursuant to article 78 of the civil practice law and
finance law. rules.
The corporation counsel shall collect all past due accounts, Sec. 12-11. Judicial Enforcement.
revenues and other moneys owing to the city and shall Any order or subpoena or any final decision or determination
participate in the negotiation and arbitration of labor matters of rendered by the bureau of administrative adjudication
involving city employees. He or she shall prepare or approve shall be subject to enforcement by the Judiciary in an action
as to form all contracts or leases involving the city or its or proceeding commenced in a court of competent
officers, agents and employees. jurisdiction by the prevailing party, including the bureau of
When requested, the corporation counsel shall advise the administrative adjudication.
council and any committee thereof, any department, Sec. 12-12. Restriction on Collateral Use.
commission, board or agency of the city in respect to its Decisions, determinations and orders issued by the bureau
powers and duties, and in reference to any unliquidated of administrative adjudication shall not be cited, and shall not
claims asserted against the city. He or she shall examine be considered precedent nor be ,given any force or effect in
and approve the title of all real property acquired by the city. any criminal proceeding or any civil or criminal forfeiture
The corporation counsel shall negotiate, implement and proceeding.
monitor franchise agreements for the use of the Public Section 3. This local law shall take effect July 1, 2004.
rights-of-way and shall discharge such other duties as IT IS HEREBY CERTIFED, pursuant to Section 20 of the
properly pertain to the law department of the city. Municipal Home Rule Law that the immediate passage of
When necessary, the corporation counsel shall have the this Local Law is necessary.
power to designate the need for counsel outside of the law Anthony M. Masij1lo, Mayor
department to deal with conflicts of interest or special APPROVED AS TO FORM
circumstances. Michael B. Risman
Sec. 12-6. Bureau of Administrative Adjudication. Corporation Counsel
The division of administrative adjudication, created pursuant NOTE: Matter underlined is new. Matter in brackets is
to article 14-13B of the New York State general municipal deleted.
law enacted by chapter 382 of the laws of .1995, shall be PASSED
operated in accordance therewith, and shall also be known AYES - 9 NOES - 0
as the bureau of administrative adjudication.
Sec. 12-7. Director of Administrative Adjudication. NO. 5
The head of the division of administrative adjudication shall BY: MR. COPPOLA
be the director of the bureau of administrative adjudication CITY OF BUFFALO
and shall be the chief administrative law judge of the bureau LOCAL LAW NO. _ (2004)
with all the powers of an administrative law judge conferred INTRODUCTORY NO. 9 (2004)
by section 381 of article 14-BB of the general municipal law CHANGING SALARIES EDUCATION COMMITTEE AND
and shall perform all duties specified thereunder. The CLAIMS COMMITTEE
director shall be appointed by the mayor for a term of five A LOCAL LAW amending the Charter of the City of
years, subject to confirmation of the common council. The Buffalo in relation to the salary of the Chairman of education
director shall be removable only for neglect of duty or committee
misfeasance in office after notice and an opportunity for a BE IT ENACTED BY THE COMMON COUNCIL OF THE
hearing. The director shall perform his or her duties in CITY OF BUFFALO AS FOLLOWS:
accordance with the provisions of article 14-BB of the Section 1. That Article 24-12 of the Charter of the City of
general municipal law. Buffalo, adopted pursuant to law, is hereby amended as
Sec. 12-8. Jurisdiction to Impose Civil Penalties. follows:
The bureau of administrative adjudication shall have § 24-12. Salaries of Elective Officers.
jurisdiction to conduct proceedings for the adjudication of A mayor elected under this act shall receive an annual salary
code and/or ordinance violations regarding conditions which of one hundred and five thousand dollars. The comptroller
constitute a threat or danger to the public health, safety or shall receive an annual salary of eighty-eight thousand four
welfare for which civil penalties may be imposed, and to hundred twelve dollars. Each council member shall receive
render decisions and orders and purpose civil penalties an annual ,salary of fifty-two, thousand dollars. Each of the
provided under law, but in no case shall the bureau of aforementioned elective officials may choose to refuse any
administrative adjudication purpose a sentence of increase In annual salary if, in his or her opinion, the fiscal
imprisonment upon a finding of guilty, nor shall any times so warrant. Any such refusal must be in writing and
administrative law judge order the arrest or detention of any directed to the comptroller and the commissioner of
person for any reason. administration and finance, and shall not affect the salary of
Sec. 12-9. Commencement of Proceedings. future office holders or of the same individual if elected to a
The bureau of administrative adiudication is authorized different office.
pursuant to article 14-BB of the general municipal law, The council president elected from the membership of the
hereby adopted by and made applicable to the City of council shall receive, in addition to the salary above
Buffalo, to conduct administrative proceedings in accordance provided, the annual sum of ten thousand dollars. The
with the provisions thereof. council shall designate a majority leader and a minority
Sec. 12-10. Administrative Appeals Panel; Interlocutory leader, each of whom shall serve at the pleasure of the
Appeals. council. Any council member serving as majority leader shall
The bureau of administrative adjudication shall include one receive, in addition to the salary above provided, the annual
or more administrative appeals panels within the bureau as sum of five thousand dollars, and any council member
provided under section 385 of article 14-BB of the general serving as minority leader shall receive, in addition to the
municipal law. Such administrative appeals panel shall be salary above provided, the annual sum of twentyfive hundred
constituted in accordance with article 14-13B. The dollars, said sums to be paid such majority leader or minority
determination of such administrative appeals panel shall be leader, respectively, only while performing the additional
the final determination of the bureau for the purposes of duties. Any council member serving as and performing the
additional duties of chairman of the following committees of
the common council shall receive, in addition to the salary XX 851 to 900[$875.00] $1,050.00
above provided, the annual sum of one thousand dollars: XXI 901 to 950[$925.00] $1,110.00
chairman of finance committee; chairman of legislation XXII 951 to 1,000[$975.00]$1,170.00
committee; chairman of civil service committee, chairman of XXIII 1,001 to 1,050[$1,025.00]$1,230.00
community development committee, chairman of education XXIV 1,051 to 1,100[$1,075.00]$1,290.00
committee [and chairman of claims committee. XXV 1,101 TO 1,150[$1,125.00]$1,350.00
The failure of any council member or of the president of the XXVI 1,151 to 1,200[$1,175.00]$1,410.00
council to attend any stated meeting of the council provided XXVII 1,201 to 1,250[$1,225.00]$1,470.00
in this act or any meeting of the committee of the whole XXVIII 1,251 or more[$ 1.00]$1.20 per
provided in the rules of the council, unless the council at container
such meeting, by a two-thirds vote of all § 216-15, collection and disposal charges
the members elected thereto, excuse such failure to attend Refuse material of a combustible nature, generated in the
such meeting for reasons to be stated in the resolution of city, disposed at city disposal plant
the council, shall result in a deduction equal to a one-fiftieth Person residing in or doing business in city (except licensed
part of the salary of a council member for each such failure, solid waste collectors)
and such deduction shall be made in certifying the payroll. 500 pounds or less [$2.10] $2.52, plus
Section 2. Insofar as the provisions of this local law are Each additional 500 pounds or part thereof contained in load
inconsistent with the provisions of any other local law or act, [$1.05] $1.26
the provisions of this local law shall be controlling. Licensed solid waste collectors, per ton computed monthly
Section 3. This local law shall take effect on July 1, 2004. tonnage delivered [$11.55] $13.86
APPROVED AS TO FORM Annual Fee
Corporation Counsel Fixed cost; [$91.72] $110.06
NOTE: Matter underlined is new. Plus
PASSED Variable cost
AYES - 9 NOES - 0 35-gallon tote [$20.45] $24.54
65-gallon tote [$33.90] $40.68
NO. 6 95-gallon tote [$39.641 $47.57
INTERMODAL COOPERATION AGREEMENT FOR Residential vacant lot [$9.86] $
OPERATION MANAGEMENT AND IMPROVEMENT OF Late charge, per quarter[$5.75] $6.90
CITY OF BUFFALO PARKLAND Dumpster service, on a monthly basis, and the minimum
-This Agreement dated as of rates the Commissioner may charge based on container size
is for review in The City Clerk’s Office and frequency of pick-up:
PASSED Container slze
AYES – BONIFACIO, COPPOLA, FONTANA, FRANCZYK, I Pickup 2 Pickup 3 Pickups 4 Pickups
GOLOMBEK, RUSSELL - 6 NOES – DAVIS, GRIFFIN, 5 Pickups
THOMPSON – 3 2 cubic yards [$80] $96[$160]
$192[$240]$288[$320]S384[$400] $480
NO. 7 4 cubic yards [$115] $138[$230] $276[$345] $414
BY: MR. BONIFACIO
ORDINANCE AMENDMENT [$460]$55
CHAPTER 175 - FEES 2
The Common Council of the City of Buffalo does hereby [$575]$69
ordain as follows: 0
That Chapter 216 of Chapter 175, Fees, of the Code of the 6 cubic yards [$150] $180[$300] $360[$450]$540[$600]$720
City of Buffalo be amended to read as follows: [$750]$900
§§ 216-7, 216-15G and 216-55, excessive solid waste 8 cubic yards [$188] $225.60 [$376] $451.20 [$564]
charges $676.80 [$752] $902.40 [$9401
Removal of excess solid waste
Number of $1,128
Containers Monthly Curbside (nondumpster) service:
Category per Week Charge Con- I Pickup/ 2 Pickups/3 Pickups/4 Pickups/5
SB I Up to 30 [$60.00] $72.00 Pickups
SB 11 31 to 50 [$90.00] $108.00 tainers Week Week Week Week Week
III Up TO 50 [$136.00] $163.20 Per Quart- Quart- Quart- Quart- Quart
IV 51 to 100 [$200.00] $240.00 Week Yearly erlyYearly erlyYearly erlyYearly erlyYearly
V 101 to 150[$225.00] $270.00 erly
VI 151 to 200[$250.00] $300.00 Low, Medium-Low or Medium User
VII 201 to 250[$275.00] $330.00 (at 15.34 lbs. per container)
VlII 251 to 300[$300.00] $360.00 1-5 $186.00 $46.50 $372.00 $ 93.00 $558.00
1X 301 to 350[$350.00] $420.00 $139.50 744.00 $186.00 $930.00 $ 232.50
X 351 to 400[$375.00] $450.00 6-10 $272.00 $ 68.00 $ 544.00 $ 136.00 $ 816.00
XI 401 to 450[$425.00] $510.00 $204.00 $1,088.00 $272.00 $1,360.00 $ 340.00
XII 451 to 500[$475.00] $570.00 11-15 $354.00 $ 88.50 $ 708.00 $ 177.00 $1,062.00
XIII 501 to 550[$525.00] $630.00 $265.50 $1,416.00 $354.00 $1,770.00 $ 442.50
XlV 551 to 600[$575.00] $690.00 16-20 $438.00 $109.50 $ 876.00 $ 219.00 $1,314.00
XV 601 to 650[$625.00] $750.00 $328.50 $1,752.00 $438.00 $2,190.00 $ 547.50
XVI 651 to 700[$675.00] $810.00 21-25$522.00 $130.50 $1,044.00 $ 261.00 $1,566.00
Xvil 701 to 750[$725.00] $870.00 $391.50 $2,088.00 $522.00$2,610.00 $ 652.50
Will 751 to 800[$775.00] $930.00 26-30 $604.00 $151.00 $1,208.00 $ 302.00 $1,812.00
XIX 801 to 850[$825.00] $990.00 $453.00 $2,416.00 $604.00 $3,020.00 $ 755.00
31-35 $688.00 $172.00 $1,376.00 $ 344.00 $2,064.00 § 216-62, receptacles for events
$516.00 $2,752.00 $688.00$3,444.00$860.00 Trash can [$1.50] $1.80 per can
36-40 $772.00 $193.00 $1,544.00 $ 386.00 $2,316.00 Dumpster rs150.001 $180.00 per dumpster
$579.00 $3,088.00 $772.00 $3,860.00 $ 965.00 Tipping fee as provided in the city's disposal contract.
41-45 $854.00 $213.50 $1,708.00 $ 427.00 $2,562.00 It is hereby certified, pursuant to Section 3-19 of the Charter,
$640.50 $3,416.00 $854.00 $4,270.00 $1,067.50 that the immediate passage of the foregoing ordinance is
46-50 $938.00 $234.50 $1,876.00 $ 469.00 $2,814.00 necessary.
$703.50 $3,752.00 $938.00 $4,690.00 $1,172.50 APPROVED AS TO FORM
Medium-High User Corporation Counsel NOTE: Matter in brackets to be
(at 18.46 lbs. per container) deleted; matter underlined is new.
1-5 $ 204.00 $ 51.00 $ 408.00 $102.00 $ 612.00 $153.00 $ PASSED
816.00 S 204.00 $1,020.00 $ 255.00 AYES – BONIFACIO, COPPOLA, FRANCZYK,
6-10 $304.00 $76.00 $ 608.00 $152.00 $ 912.00 $228.00 GOLOMBEK, RUSSELL – 5 NOES – DAVIS, FONTANA,
$1,216.00 S 304.00 $1,520.00 $ 380.00 GRIFFIN, THOMPSON - 4
11-15 $404.00 $101.00 $ 808.00 $202.00 $1,212.00
$303.00 $1,616.00 $ 404.00 $2,020.00 $ 505.00 NO. 8
16-20 $ 506.00 $126.50 $1,012.00 $253.00 $1,518.00 DISCHARGE COMMITTEE OF WHOLE -MAYOR'S
$379.50 $2,024.00 $ 506.00 $2,530.00 $ 632.50 BUDGET 2004-2005
21-25 $606.00 $151.50 $1,212.00 $303.00 $1,818.00 (ITEM 1, CCP 5/3/04)
$454.00 $2,424.00 $ 606.00 $3,030.00 $ 757.50 Whereas: The above item is currently in the Committee of
26-30 $706.00 $176.50 $1,412.00 $353.00$2,118.00 Whole; and IS NOW BEFORE THE Common Council.
$529.50 $2,824.00 $ 706.00 $3,530.00 S 882.50 Mr. Coppola made a motion to adopt said item seconded by
31-35 $806.00 $201.50 0$1,612.00 $403.00 $2,418.00 Mr. Davis.
$604.50 $3,224.00 $ 806.00 $4,030.00 $1,007.50 ADOPTED
36-40 $906.00 $226.50 $1,812.00 $453.00 $2,718.00
$679.50 $3,624.00 $ 906.00 $4,530.00 $1,132.50 NO. 9
41-45 $1,010.00 $252.50 $2,020.00 $505.00 $3,030.00 BUDGET AMENDMENTS
$757.50 $4,040.00 $1,010.00 $5,050.00 $1,262.50 Mr. Coppola moved to approve the attached Budget
46-50 $1,108.00 $277.00 $2,216.00 $554.00 $3,324.00 Amendment Proposals
$831.00 $4,432.00 $1,108.00 $5,540.00 $1,385.00 Seconded by Mr. Bonifacio.
High User (at 23. 10 lbs per container) PASSED.
1-5 $ 230.00 S 57.50 $ 460.00 $115.00 $ 690.00 $ 172.50 $ AYES –BONIFACIO, COPPOLA, FONTANA, FRANCZYK,
920. GOLOMBEK, RUSSELL, THOMPSON -7 NOES –DAVIS,
$ 230.00 $1,150.00 $ 287.50 GRIFFIN - 2
6-10 $356.00 $89.00 $ 712.00 $178.00 $1,068.00 $ 267.00
$1,424.00 S 356.00 $1,780.00 $ 445.00 NO. 10
11-15 $480.00 $120.00 $ 960.00 $240.00 $1,440.00 $ 2004-2005 BUDGET AS AMENDED
360.00 $1,920.00 $ 480.00 $2,400.00 $ 600.00 Mr. Coppola moved to approve the Budget as Amended.
16-20 $606.00 $151.50 $1,212.00 $303.00 $1,818.00 $ Seconded by Mrs. Russell
454.50 $2,424.00 S 606.00 $3,030.00 $ 757.50 PASSED.
21-25 $732.00 $183.00 $1,464.00 $366.00 $2,196.00 $ AYES –BONIFACIO, COPPOLA, FONTANA, FRANCZYK,
549.00 $2,928.00 $ 732.00 $3,660.00 $ 915.00 GOLOMBEK, RUSSELL, THOMPSON -7 NOES –DAVIS,
26-30 $ 858.00 $214.50 $1,716.00 $429.00 $2,474.00 S GRIFFIN - 2
643.50 $3,432.00 S 858.00 $4,290.00 $1,072.50
31-35 $ 982.00 $245.50 $1,964.00 $491.00 $2,946.00 $ NO. 11
736.50 $3,928.00 $ 982.00 $4,910.00 $1,227.50 ADJOURNMENT
36-40 $,110.00 $277.50 $2,220.00 $555.00 $3,330.00 $ On a motion by Mr. Coppola, seconded by Mr. Thompson
832.50 $4,440.00 $1,110.00 $5,550.00 SI,387.50 the Council
41-45 $1,234.00 $308.50 $2,468.00 $617.00 $3,702.00 adjourned at 10:45 pm
$ 925.50 $4,936.00 $1,234.00 $6,170.00 $1,542.50 ADOPTED.
46-50 $1,360.00 $340.00 $2,720.00 $680.00 $4,080.00
$1,020.00 $5,440.00 $1,360.00 $6,800.00 $1,700.00
Late charge, per quarter [$5.00] $6.00
§ 216-57, Past-due accounts. The following fees shall be in
addition to statutory interest and costs, where applicable:
Collection processing charge [$5.00] $6.00
Additional charge to be added to all accounts sent Actual
amount to outside credit or collection agency charged by the
credit or collection agency
Additional charge for administrative and legal expenses to
be added after litigation is commenced to collect past due
accounts, plus actual costs and disbursements
In the case of amounts past due of $500 or less in the
aggregate [$50.00] $60.00
In the case of amounts past due of more than $500 but less
than $2,001 in the aggregate [$100.00] $120.00
In the case of amounts past due of more than $2,001 but
less than $10,001 in the aggregate [$200.00] $240.00
In the case of amounts past due of $ 10,001 or $500.00
more in the aggregate [$500.00] $600.00