HomeMy WebLinkAbout04-0511
No.10
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
MAY 11, 2004
CLAIMS COMMITTEE: James D. Griffin, Chairman,
Richard A. Fontana, Joseph Golombek,Jr., Antoine M.
MAYOR Thompson - Members
Hon. Anthony M. Masiello
COMMUNITY DEVELOPMENT COMMITTEE: Joseph
ACTING COMPTROLLER Golombek, Jr. Chairman, Dominic J. Bonifacio Jr., Bonnie E.
Andrew Sanfilippo Russell, Antoine M. Thompson - Members
COMMON COUNCIL FINANCE COMMITTEE: Brian C. Davis, Chairman,
PRESIDENT OF THE COUNCIL Dominic J. Bonifacio, Jr., Marc A. Coppola, James D. Griffin
FILLMORE DISTRICT - Members.
David A. Franczyk
LEGISLATION COMMITTEE: Richard A. Fontana,
PRESIDENT PRO TEMPORE Chairman, Dominic J. Bonifacio Jr., Marc A. Coppola,
UNIVERSITY DISTRICT Bonnie E. Russell - Members
Bonnie E. Russell
RULES COMMITTEE: David A. Franczyk, Chairman
MAJORITY LEADER Marc A. Coppola, Bonnie E. Russell - Members
DELAWARE DISTRICT
Marc A. Coppola
DISTRICT COUNCIL MEMBERS SPECIAL COMMITTEES
BRIAN C. DAVIS - ELLICOTT BUDGET COMMITTEE:Dominic J. Bonifacio, Jr.,
RICHARD A. FONTANA - LOVEJOY Chairman, Marc A. Coppola, Brian C. Davis, Joseph
ANTOINE M. THOMPSON - MASTEN Golombek, Jr. - Members
DOMINIC J. BONIFACIO Jr. - NIAGARA
JOSEPH GOLOMBEK JR. - NORTH MINORITY BUSINESS ENTERPRISE COMMITTEE-
JAMES D. GRIFFIN - SOUTH Antoine M. Thompson, Chairman Brian C. Davis, James D.
Griffin
REGULAR COMMITTEES
EDUCATION COMMITTEE
Antoine M. Thompson, Chairman, Richard A. Fontana, David
CIVIL SERVICE COMMITTEE: Bonnie E. Russell
A. Franczyk, Bonnie E. Russell
Chairman, Brian C. Davis, Joseph Golombek Jr., Richard A.
Fontana-Members
FRUITBELT REDEVELOPMENT COMMITTEE
Brian C. Davis, Chairperson
CORPORATION PROCEEDINGS
FROM THE OFFICE OF CITIZEN SERVICES
NO. 3
COMMON COUNCIL RESPONSE TO INFORMATION REQUESTED AT THE
CITY HALL - BUFFALO FINANCE COMMITTEE MEETING ON APRIL 20,2004
TUESDAY, MAY 11, 2004 Dear Members of the Buffalo Common Council:
AT 2:00 P.M. Attached for your review is information that was requested at
the Finance Committee meeting on April 20,2004.
PRESENT – David A. Franczyk, President of the That Request included the names, titles, salaries, and fringe
Council, and and Council Members Bonifacio, Coppola, benefits of all employees assigned to the Division of Citizen
Davis, Fontana, Golombek, Griffin, Russell and Services.
Thompson – 9. Also, attached for your review are descriptions of the
division's purpose, organization and descriptions of its two
ABSENT - None. federally funded programs - Save Our Streets (S.O.S.) and
Weed & Seed and the job specification for the position of
On a motion by Mr. Coppola seconded by complaint clerk.
Mr.Fontana, the minutes of the stated meeting held on If there are any additional questions on this matter, I can be
April 27, 2004 were approved. reached at 851-5307
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE MAYOR
FROM THE CITY PLANNING BOARD
NO. 1 NO. 4
APPOINTMENT OF MEMBER PLANNING BOARD PROPOSAL FOR BICYCLE
TO THE EXAMINING BOARD OF ELECTRICIANS PARKING
Pursuant to the powers vested in me in Part 11, Chapter Bicycle parking facilities shall be provided for any new
165, Article 1, Section 3 of the Code of the City of Buffalo, I building, addition, parking lot or enlargement of an existing
hereby appoint the following for a term commencing building, or any change in the occupancy of any new building
immediately and expiring on December 31, 2004, subject to that results in the need for additional auto parking facilities
approval by Your Honorable Body. For proposed nonresidential uses in the Central Business
Jeffrey C. Donnelly 63 Doyle Avenue district and all other business districts located within the City
Buffalo, NY 14207 of Buffalo as noted in the current zoning ordinance having
Mr. Donnelly has been the owner and operator of Case off-street parking requirements of twenty spaces or more, a
Electric Co. since 1980. A licensed electrician since 1966, number of off-street bicycle parking spaces shall be provided
Mr. Donnelly has been associated with many area electrical equal to five (5)% of the automobile parking space
businesses such as West Seneca Electric, American requirement. Subject to approval by the Common Council for
Standard Foundry and ASCO Electronics. the proposed parking areas, the required automobile parking
I hereby certify that the above named individual is fully spaces may be reduced at the ratio of one (1) auto space for
qualified to serve as members of the Examining Board of each six (6) bicycles paces provided, except that under no
Electricians. circumstances may the required number be reduced by
REFERRED TO THE COMMITTEE ON LEGISLATION more than five 5%.
The Commissioner of Public Works shall adopt rules and
regulations establishing the dimensional and equipment
CITY OF BUFFALO standards for bicycle parking areas on private property along
OFFICE OF THE MAYOR with designated areas in the City right-of-way and specifics
NO. 2 as to number of racks in a particular area according to need.
VETO MESSAGE Required Provision of Bicycle Parking Areas:
ITEM # 84 C.C.P APRIL 27, 2004 The Department of Public Works shall oversee the allowable
TRANSFER 1859 & 1869 NIAGARA STREET use of R.O.W. for spaces along with sufficient separation
Dear Councilmembers from motor vehicle parking areas to protect parked bicycles
The above referenced item authorizes the Division of Real from damage by motor vehicles. This may be accomplished
Estate and the Corporation Counsel to begin the process for by grade separation, distance or physical barrier, such as
transferring 1859 and 1869 Niagara Street from the curbs, wheel stops or other similar features.
Blackrock Riverside Neighborhood Housing Service to the For proposed non-residential sites having an off-street
City of Buffalo for the purpose of dedicating them as City parking requirement of twenty (20) spaces or more, a
parkland. As you are well aware, this administration has number of off-street bicycle parking spaces shall be provided
proposed transferring all City of Buffalo parks and equal to five (5) % of the automobile parking space
playgrounds to the County of Erie. The list of park properties requirement. Each inverted "Ll" provided would count as two
has already been forwarded to the County of Erie for (2) bicycle parking spaces.
inclusion into the proposal and to the State of New York for 1. Types of Bicycle Apparatus: A. The Inverted "U: Type
alienation and these parcels are not included on that list. bicycle Rack:
I am not opposed to this property being dedicated as Inverted "U" bike racks shall consist of three to five inverted
parkland. However, if the City were to take ownership of this "U"'s mounted 30" on-center via base plate rails to create a
property as we are moving toward transferring all parks to freestanding array. The inverted "U"'s shall be made from 1
the County of Erie, the City of Buffalo could become 1/2" 11 gauge steel tubing bent to measure 33" high, 18"
responsible for maintaining a park without a Parks wide (minimum dimensions) with a gloss black polyester
Department. powder coat finish (or approved equal). The rails shall be 2"
I believe it to be more prudent for Blackrock NHS to wait for by 1 " rectangular steel tubing similarly finished with
the County transfer to take place and negotiate a transfer to mounting holes and supplied with vandal resistant concrete
the County of Erie directly. anchor mounting hardware for surface installation to existing
For these reasons, I am returning this item without my concrete.
approval. Each "Ll" shall be mounted to the rails via vandal resistant or
Sincerely, hidden fasteners, which preclude the dismantling of the rack
LAID ON THE TABLE once assembled and installed. In some situations, individual
"U"'s may be preferable to a base plate array assembly of
FROM THE MAYOR - EXECUTIVE DEPARTMENT
"Ll"'s i.e. Installed parallel to and behind the curb in business relates to dealing with various types of vacant sites within
districts where sidewalk space is limited. the city.
B. Individual "Inverted U" (non-base plate array) In addition, the Office of Strategic Planning (OSP) staff,
Alternative: using School 75 as a test model, developed some review
Individual "U"'s to be surface mounted directly to existing criteria for schools that have been decommissioned or slated
concrete shall have a pair of 6 1/4"x2" steel base plates for decommissioning by the School Board. The assessment
(minimum dimensions) with two bolt holes each. model considers a wide range of issues from surrounding
C. Use of Alternative (Non-inverted "U" ) Bicycle Parking neighborhood conditions to reuse potential. We still believe
racks: part of the strategy in dealing with abandoned schools
As stated above, the Inverted "U" is the first choice for all should require such an evaluation. Attached is a copy of the
applications. At the discretion of the City Bicycle & assessment model for your review.
Pedestrian Planner, other bicycle security devices may be We look forward to working with you in setting policy for
approved for use in unusual circumstances. Any such dealing with closed schools and their reuse.
alternate security device submitted for approval must provide Sincerely,
for: Timothy E. Wanamaker Executive Director
1 . Supporting the bike frame at two locations (not just a REFERRED TO THE COMMITTEE ON COMMUNITY
wheel) DEVELOPMENT
2. Allowing both the frame and at least one wheel to be
locked to the rack NO. 7
3. Allowing the use of either a cable or "U"-type lock LAND USE
4. Bicycles which are equipped with water bottle cages 800 BLOCK MAIN STREET REDEVELOPMENT
5. Bicycles which are not equipped with kick stands SEQR LEAD AGENCY DESIGNATION
6. All types and sizes of bicycles, including various types & Please be advised, prior to the implementation of the
sizes of frames, wheel sizes and tire widths above-referenced project the requirements of the New York
D. Bicycle Parking Lockers: State Environmental Quality Review Act (SEQR) must be
Bicycle parking lockers are specifically encouraged for satisfied.
assigned use by employees and bicycle commuters. Bicycle The project, as defined under SEQR, is a Type I Action for
parking capacity provided via lockers will be considered as which a coordinated review will be undertaken. As per
being in compliance with these rules. Section 617.6 of the regulations, a Lead Agency responsible
2. Location of Bicycle Parkinq Racks: Whenever possible, for determining the effect of the action on the environment
the racks should be placed within 50' of building entrances must be designated from the involved agencies within 30
where bicyclists would naturally transition to pedestrian calendar days from the date of this letter. The Buffalo Urban
mode. The rack placement would ideally allow for visual Renewal Agency (BURA) proposes to assume Lead Agency
monitoring by people within the building and/or people status for this project and respectfully requests the Common
entering the building. The placement of the racks should Council's consent to this designation. The project
minimize conflicts with both pedestrians and motorized Environmental Assessment Form is enclosed for your
traffic. All bicycle parking provided should be on concrete review. Please respond to this request as soon as
and located minimum of 24" from a parallel wall and 30" from practicable. Thank you.
a perpendicular wall (as measured to the closest inverted). Mr. Coppola Moved:
Sufficient space, to be a minimum of 24", shall be provided That the above communication from the Office of Strategic
beside each parked bicycle to allow access. Planning, dated May 4, 2004, be received and filed; and
REFERRED TO THE COMMITTEE ON LEGISLATION That pursuant to 6 NYCRR Part 617, the Buffalo Urban
Renewal Agency is hereby designated Lead Agency for the
NO. 5 800 Block Main Street Redevelopment project.
155 SUMMER ST. C: NON-ILLUMINATED GROUND SIGN PASSED
ITEM NO. 74, C.C.P. 4/13/04 AYES - 9 NOES - 0
The City Planning Board at its regular meeting held
Tuesday, May 4. 2004 considered the matter captioned NO. 8
above pursuant to Section 387-19 of the Buffalo Code, INFORMATIONAL ITEM - TRANSFER OF TITLE
Application for Billboard, Ground Sign or Pole Sign Permits. URBAN HOMESTEAD PROGRAM WILLERT PARK
The applicant seeks to erect a 41x61x71 non-Illuminated VILLAGE HOMEOWNERSHIP ZONE, 268 &
ground "ID" located at 155 Summer Street. Under SEQR the 270 HICKORY, 420 & 422 HICKORY, 501 &
proposed action is considered an unlisted action which may 505 HICKORY 263 & 267 SYCAMORE -
be studied through uncoordinated review. ONE ADDITIONAL 50 & 52 DAVIS.
The Planning Board voted to approve the proposed ground C.C.P 10 - 3/30/04
sign and the applicant has already obtained Zoning Board of In the above referenced item Your Honorable Body
Appeals approval. Authorized the Homestead of the above properties, except
RECEIVED AND FILED for 50 & 52 Davis to The Buffalo Urban Renewal Agency to
enter into a contract with James Management Company for
FROM THE OFFICE OF STRATEGIC PLANNING the construction of up to fourteen single family two story
NO. 6 homes. We are now requesting Your Honorable Body to
DEVELOPING A POLICY FOR TAKING & REUSING amend the approval for transfer from The City of Buffalo
CLOSED CITY SCHOOLS directly to James Management Company, Inc. The parcels
Dear Ms. Hooper: are not needed for a public purpose or future development.
In reference to Common Council, item "Developing A Policy James Management Company, Inc., 200 John James
for Taking and Reusing Closed.-City Schools" Please Audubon Parkway, Amherst, New York is under contract to
accept the following as my response: construct up to fourteen two story single family homes on
The Office of Strategic Planning is contracting with the these parcels. Title to these parcels will be transferred from
Cornell Cooperative Association of Erie County to develop James Management to the purchasers of the new homes ).
strategies for dealing with vacant properties in the City of A complete list including buyers names and lot sizes is
Buffalo, based upon the study "Vacant Land, Buildings and attached.
Facilities Asset Management Project. When completed, we The Division of Permit and Inspection Services and Division
will have a comprehensive guide to aid in setting policy as it of Collections have been contacted. There are no property
code violations, taxes or other liens owed to the City of look forward to working with the Common Council in
Buffalo by the homesteader. reviewing strategies to any problems as they arise.
We, therefore, recommend the city owned vacant lots be REFERRED TO THE COMMITTEE ON COMMUNITY
designated as Homestead Properties and be transferred to DEVELOPMENT
James Management Company, Inc. on the following
conditions: 1)the specified structure to be erected on the NO. 11
premises within twelve (12) months; 2) the structure be RESULTS OF NEGOTIATIONS
occupied by the purchasers mentioned for a period of not 1264 SYCAMORE, 29.37' E RUHLAND
less than thirty-six (36) months. VACANT LOT: 29'X IRREGULAR, 102.45' E
Mr. Coppola Moved: ASSESSED VALUATION: $1,400
That the above communication from the Office of Strategic 1266 SYCAMORE, 58.74' E RUHLAND
Planning dated May 6, 2004, be received and filed; and VACANT LOT: 29'X IRREGULAR, 90.97' E
That the Common Council amend the approval in Item No. ASSESSED VALUATION: $2,200
10, C.C.P., March 30, 2004 for the transfer from the City of The Office of Strategic Planning, Division of Real Estate, has
Buffalo to James Management Company, Inc. That the received a request to purchase 1264 and 1266 Sycamore
city-owned vacant lots commonly known as 50 & 52 Davis, Street from Ms. Robin Green, 216 Travers Circle, Amherst,
420 & 422, 268 & 270, 501 & 505 Hickory and 263 & 267 New York 14228. Ms. Green owns and operates a daycare
Sycamore, are hereby designated as Homestead Property, center at 1262 Sycamore, which is adjacent to 1264 and
and that the Mayor be, and he hereby is authorized to 1264 Sycamore Street. She intends to use the vacant lots for
execute a deed transferring said properties to James a play area for the children in her daycare center.
Management Company, Inc. with the following conditions: The Division of Permit and Inspection Services and the
1. The specified structure to be erected on the premises Division of Collections have no objections to the sale. There
within twelve (12) months. are no outstanding code violations, taxes, or other liens
2. The structure be occupied by the purchasers mentioned owed to the City of Buffalo by the purchaser.
for a period of not less than thirty-six (36) months. The Division of Real Estate has investigated the same of
PASSED similar vacant lots in the subject area. Sale prices range
AYES – BONIFACIO, COPPOLA, DAVIS, FONTANA, from thirty cents ($.30) to sixty-five cents ($.65) per square
FRANCZYK, GOLOMBEK, THOMPSON – 7 foot.
NOES – GRIFFIN, RUSSELL - 2 The results of our negotiations are that Ms. Green has
agreed and is prepared to pay one thousand six hundred
NO. 9 dollars ($1,600), thirty cents ($.30) per square foot, for the
REQ FOR ANALYSIS-FOR POTENTIAL BROWNFIELD subject properties. She has also agreed to pay for the cost of
DEVELOPMENT the transfer tax, recording fees and cost of the legal
Dear Ms. Hooper: descriptions.
April 23, 2004 I am recommending that Your Honorable Body approve the
In reference to Common Council, item "Request for Analysis sale of 1264 and 1266 Sycamore Street to Ms. Robin Green
of Potential Brownfield Development" please accept the for one thousand six hundred dollars ($1,600). 1 am further
following as my response: recommending that the Corporation Counsel prepare the
The Office of Strategic Planning has in partnership with necessary documents for the transfer of title and that the
Buffalo Niagara Enterprise, Buffalo Niagara Partnership and Mayor be authorized to execute the same.
Buffalo Economic Renaissance Corporation begun to Mr. Coppola moved:
develop strategies on marketing the City's Brownfield Sites. That the above communication from the Office of Strategic
In fact, on Tuesday, April 27, 2004 we are attending the Planning, Division of Real Estate, dated April 23, 2004, be
Environmental Business Association Showcase to continue received and filed; and
marketing sites. That the offer from Ms. Robin Green, residing at 216 Travers
We are also working closely with the Buffalo Niagara Circle, Amherst, in the sum of one thousand and six hundred
Partnership on their up coming Brownfield's conference to dollars ($1,600.00) for the purchase of 1264 and 1266
continue the marketing effort as well as with the Downtown Sycamore Street, be and they hereby are accepted; and
Development, Inc. in creating a fund to assist in the That the appraisal requested by the City of Buffalo shall be
acquisition and remediation of sites. paid by the purchaser; and
We look forward to working with the Common Council in That the transfer tax, recording fees and cost of legal
marketing the potential for development of our Brownfield description shall be paid by the purchaser; and
sites. That the Corporation Counsel be authorized to prepare the
REFERRED TO THE COMMITTEE ON COMMUNITY necessary documents for the transfer of title and that the
DEVELOPMENT Mayor be authorized to execute the same, in accordance
with the terms of sale upon which the offer was submitted.
NO. 10 PASSED
REQUIRE TWO APPRAISALS FOR THE CITY OWNED AYES – BONIFACIO, COPPOLA, DAVIS, FONTANA,
BUILDINGS FRANCZYK, GOLOMBEK, RUSSELL ,THOMPSON - 8
Dear Ms. Hooper: NOES – GRIFFIN, - 1
In reference to Common Council, item require two appraisals
for the City owned Buildings please accept the following as FROM THE COMPTROLLER
my response: NO. 12
The City Charter currently has a well defined process for COMPREHENSIVE ANNUAL FINANCIAL REPORT
acquiring and selling properties in the interest of the City. FOR FISCAL YEAR ENDED JUNE 30, 2003
The process includes receiving an appraisal and that This is to advise that copies of the Comprehensive Annual
appraisal being analyzed by the Appraisal Review Board. Financial Report of the Comptroller of the City of Buffalo for
Amending the City charter should not be taken lightly. There the fiscal year ending June 30, 2003 have been delivered to
are no examples of which I am aware of that suggest such each Councilmember, the Common Council Chief of Staff,
an amendment is necessary, at this time. the City Clerk, the Mayor and the Budget Office. Included
In addition, as a matter of policy, the Office of Strategic therein is the Audit Report of Deloitte & Touche LLP.
planning will order a review appraisal if the initial appraisal This report is available as a public record for inspection by
raises any valid concerns on its completeness or quality. We all interested parties.
Pursuant to Section 35 of the General Municipal Law, the the Commissioner of Assessment & Taxation with a copy of
Common Council of the City of Buffalo may, at its discretion, the approved Certificate.
prepare a written response to the report of external audit and PASSED
file such response with the City Clerk as a public record for AYES - 9 NOES - 0
inspection by all interested parties not later than August 4,
2004. FROM THE COMMISSIONER OF PUBLIC WORKS,
REFERRED TO THE COMMITTEE ON FINANCE PARKS AND STREETS
NO. 15
FROM THE COMMISSIONER OF ASSESSMENT AND NOTIFICATION SERIAL #9942 NO STANDING - REPEAL
TAXATION ON EAST UTICA STREET, SOUTH SIDE BETWEEN MAIN
NO. 13 STREET AND FILLMORE AVENUE
REQUEST APPROVAL OF CERTIFICATE OF (MASTEN DISTRICT)
ADJUSTED BASE PROPORTIONS NOSTANDING - REPEAL
2004 ROLL In conformity with Section 49 of Chapter 479 of the
Attached find Certificate of Adjusted Base Proportions. I Ordinances of the City of Buffalo, the City Engineer hereby
am respectfully requesting that Your Honorable Body notifies Your Honorable Body of this action supplementing,
approve the aforementioned Certificate pursuant to Article amending, or repealing existing provisions of Chapter 479 of
19 of the Real Proper Tax Law. the Ordinances, as stated below, to be effective forty five
This Certificate was prepared by this department with the days after the first Council meeting at which they appear on
assistance of the New York State Office of Real Property the agenda as an item business.
Service, pursuant to the Real Property Tax Law and the Thai that part of Subdivision 22 Section 15 of Chapter 479 of
Rules and Regulations the Office of Real Property Service. Ordinances of the City of Buffalo be supplemented by
Upon approval of this Certificate, kindly direct the City Clerk repealing therefrom the following: NO STANDING
to sign, date and forward said Certificate to the New York PROHIBITED PORTION OF HIGHWAY PROHIBITED
State Office of Real Property Service, Equalization Rate PERIOD - DAILY
Bureau, 16 Sheridan Avenue, Albany, New York East Utica Street, south side At All Times
12210-2714. Also, kindly direct the City Clerk to furnish this between Main Street and Fillmore Avenue
department with a copy of the approved Certificate. This action is being taken, pending the restriping of East
Mr. Coppola moved Utica Street, between Main Street and Michigan Avenue in
That the above communication from the Department of order to provide additional on-street parking in that section of
Assessment & Taxation dated May 5, 2004, be received and East Utica Street for area merchants. (see next serial)
filed; and
That the Common Council approve the Certificate of NOTIFICATION SERIAL #9943 INSTALL NO STANDING
Adjusted Base Proportions pursuant to Article 19 of the Real ON EAST UTICA STREET, SOUTH SIDE BETWEEN
Property Tax Law. That the City Clerk sign date and forward MICHIGAN AVENUE AND FILLMORE AVENUE
said Certificate to the New York State Office of Real (MASTEN DISTRICT)
Property Service, Equalization Rate Bureau, 16 Sheridan NO STANDING - INSTALL
Avenue, Albany, new York 12210-2714. That the City Clerk In conformity with Section 49 of Chapter 479 of the
provides the Commissioner of Assessment & Taxation with a Ordinances of the City of Buffalo, the City Engineer hereby
copy of the approved Certificate. notifies Your Honorable Body of this action supplementing,
PASSED amending, or repeating existing provisions of Chapter 479 of
AYES - 9 NOES - 0 the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
NO. 14 the agenda as an item business.
REQUEST APPROVAL OF CERTIFICATE OF That that part of Subdivision 22 Section 15 of Chapter 479 of
CURRENT BASE PROPORTIONS Ordinances of the City of Buffalo be supplemented by adding
2004 ROLL thereto the following: NO STANDING
Attached find Certificate of Base Percentages, Current PROHIBITED PORTION OF HIGHWAY PROHIBITED
Percentages and Current Base Proportions I am respectfully PERIOD
requesting that Your Honorable Body approve the East Utica Street, south side between At All Times
aforementioned Certificate pursuant to Article 19 of the Real Michigan Avenue and Fillmore Avenue
Property Tax Law. This action is being taken, pending the restriping of East
This Certificate was prepared by this department with the Utica Street, between Main Street and Michigan Avenue in
assistance of the New York State Office of Real Property order to provide additional on-street parking in that section of
Service, pursuant to the Real Property Tax Law and the East Utica Street for area merchants. (see previous serial)
Rules and Regulations of -the Office of Real Property RECEIVED AND FILED
Service. WAIVE THE 45 DAYS
Upon approval of this Certificate, kindly direct the City Clerk
to sign, date and forward said Certificate to the New York NO. 16
State Office of Real Property Service, Equalization Rate REPORT OF BIDS
Bureau, 16 Sheridan Avenue, Albany, New York CITY-WIDE SIDEWALK REPLACEMENT - 2004
12210-2714. Also, kindly direct the City Clerk to furnish this P & J CONSTRUCTION CO., INC., GR. #624
department with a copy of the approved Certificate. This is to advise your Honorable Body that I have advertised
Mr. Coppola Moved: and received bids on April 14, 2004 for the City-Wide
That the above communication from the Department of Sidewalk Replacement - 2004, Gr. #624.
Assessment & Taxation dated May 5, 2004, be received and In obtaining bids for the above project, I have asked for bids
filed; and on a unit price covering the various items of work and
That the Common Council approve the Certificate of Base material, which will be performed. The final cost of the work
Percentatage, Current Percentages and Current Base will be based on the actual measured quantities of materials
Proportions pursuant to Article 19 of the Real Property Tax entering into the work and may be either more or less than
Law. That the City Clerk sign date and forward said the total bid.
Certificate to the New York State Office of Real Property The following bids were received: Base Bid Unit Price
Service, Equalization Rate Bureau, 16 Sheridan Avenue, Increase
Albany, new York 12210-2714. That the City Clerk provides
P & J Construction Co., Inc. $728,000.00*$1,341,750.00 Base Bid + 10% unit price increase
$800,800.00* $134,175.00 = Total Award $1,475,925.00 Funds for this
709 Pleasant View Drive work will be available in a future Capital Project Account
Lancaster, NY 14086 established in conjunction with the bond sale scheduled for
Campobella Construction Co., Inc. $921,675.00June, 2004 & Capital Account #30032106. The engineer's
$994,475.00 estimate for this work is $1,500,000.00. Attached is a
3407 Delaware Ave., Suite 224, tentative list of paving locations by Councilmanic Districts.
Kenmore, NY 14217 The attached spreadsheet is certified to be a true and
Sunshine Concrete Co., Inc. $934,120.00 correct statement of the two (2) lowest bids received. Under
$1,006,920.00 provisions of the General Municipal Law, any of the bidders
2081 Tonawanda Creek, may withdraw his bid if an award of the contract is not made
Amherst, NY 14228 by June 11, 2004. Individual bid submissions are available in
*Adjusted Amount our office for inspection and copies are available upon
I hereby certify that the lowest responsible bidder for the request.
above project is P & J Construction Co., Inc. Mr. Coppola moved:
I respectfully recommend that your Honorable Body That the above communication from the Commissioner of
authorize a contract award in the amount of $800,800.00* Public Works, Parks and Streets dated April 29, 2004, be
($728,000.00* Base Bid + 10% unit price increase received and filed; and
$72,800.00 = Total Award $800,800.00 Funds for this work That the Commissioner of Public Works, Parks and Streets,
will be available in a future Capital Project Account be, and he hereby is authorized to award a contract for the
established in conjunction with the bond sale scheduled for Overlay of City Pavements - 2004, Group #626, to Destro &
June, 2004 and Capital Account #30032106. The engineer's Brothers Concrete Co., Inc., the lowest responsible bidder, in
estimate for this work is $750,000.00. the amount of $1,475,925.00 ($1,341,750.00 Base Bid +
The attached is certified to be a true and correct statement 10% unit price increase $134,175.00 = Total Award
of the two (2) lowest bids received. Under provisions of the $1,475,925.00). Funds for the project are available in a
General Municipal Law, any of the bidders may withdraw his future Capital Project account established in conjunction with
bid if an award of the contract is not made by May 29, 2004. the bond sale scheduled for June 2004 and Capital Account
Individual bid submissions are available in our office for #30032106.
inspection and copies are available upon request. PASSED
Mr. Coppola Moved: AYES - 9 NOES - 0
That the above communication from the Commissioner of
Public Works, Parks and Streets dated April 26, 2004, be NO. 18
received and filed; and REPORT OF BIDS
That the Commissioner of Public Works, Parks and Streets, REPAIR TO CITY PAVEMENTS - 2004, GR. 4625
be, and he hereby is authorized to award a contract for the THOMANN ASPHALT PAVING, INC.
City-Wide Sidewalk Replacement - 2004, Group #624, to P This is to advise your Honorable Body that I have
& J Construction Co., Inc., the lowest responsible bidder, in advertised and received bids on April 21, 2004 for the Repair
the amount of $800,800.00 ($728,000.00 Base Bid + 10% to City Pavements - 2004, Gr. #625.
unit price increase $72,800.00 = Total Award $800,800.00). In obtaining bids for the above project, I have asked for bids
Funds for the project are available in a future Capital Project on a unit price covering the various items of work and
account established in conjunction with the bond sale material, which will be performed. The final cost of the work
scheduled for June 2004 and Capital Account #30032106. will be based on the actual measured quantities of materials
PASSED entering into the work and may be either more or less than
AYES - 9 NOES - 0 the total bid.
The following bids were received: Base Bid Unit Price
NO. 17 Increase
REPORT OF BIDS Thomann Asphalt Paving Corp. $134,875.00
OVERLAY OF CITY PAVEMENTS - 2004, GROUP #626 $148,362.50
DESTRO & BROTHERS CONCRETE CO., INC. 56 Gunville Road, Lancaster, NY 14086
This is to advise your Honorable Body that I have Amherst Paving, Inc. $200,781.25
advertised and received bids on April 28, 2004 for the $220,859.38
Overlay of City Pavements - 2004, Group #626. 330 Meyer Road, Amherst, NY 14226
In obtaining bids for the above project, I have asked for bids Louis Del Prince & Sons, Inc. $223,583.75
on a unit price covering the various items of work and $245,942.13
material, which will be performed. The final cost of the work 560 Cayuga Road, Cheektowaga, NY 14225
will be based on the actual measured quantities of materials I hereby certify that the lowest responsible bidder for the
entering into the work and may be either more or less than above project is Thomann Asphalt Paving Corp.
the total bid. I respectfully recommend that your Honorable Body
The following bids were received: authorize a contract award in the amount of $148,362.50(
BaseBid Unit $134,875.00 Base Bid + 10% unit price increase $13,487.50
Price Increase = Total Award $148,362.50 Funds for this work will be
Destro & Brothers Concrete Co., Inc. $1,341,750.00available in 0 & M Road Repairs Account
$1,475,925.00 #13112006-443100. Theengineer's estimate for this work is
411 Ludington Street, Buffalo, NY 14206 $150,000.00.
Amherst Paving, Inc. $1,395,775.00The attached is certified to be a true and correct statement
$1,529,950.00 of the two (2) lowest bids received. Under provisions of the
330 Meyer Road, Amherst, NY 14226 General Municipal Law, any of the bidders may withdraw his
Janik Paving & Construction, Inc. $1,407,825.00bid if an award of the contract is not made by June 4, 2004.
$1,542,000.00 Individual bid submissions are available in our office for
97 Evans Street, Hamburg, NY 14075 inspection and copies are available upon request.
I hereby certify that the lowest responsible bidder for the Mr. Coppola Moved:
above project is Destro & Brothers Concrete Co., Inc. That the above communication from the Commissioner of
I respectfully recommend that your Honorable Body Public Works, Parks and Streets dated April 28, 2004, be
authorize a contract award in the amount of $1,475,925.00 received and filed; and
That the Commissioner of Public Works, Parks and Streets, The referenced item was sent to this department for
be, and he hereby is authorized to award a contract for the comment.
Repair to City Pavements - 2004, Group #625, to Thomann The department feels that the use of camera surveillance
Asphalt Paving Corp., the lowest responsible bidder, in the could be a very useful tool to combat illegal dumping
amount of $148,362.50 ($134,875.00 Base Bid + 10% unit within the City, provided that appropriate funds are allocated,
price increase $13,487.50 = Total Award $148,362.50). and personnel are identified to monitor the tapes made by
Funds for the project are available in 0 & M Road Repairs these cameras.
Account #13112006-443 100. I suggest that the opinion of the Corporation Counsel be
PASSED sought as to the admissibility of such surveillance tape as
AYES - 9 NOES - 0 evidence in court proceedings.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 19
CHANGE IN CONTRACT NO. 22
CITY HALL ORDINANCE AMENDMENT CHAPTER 175-FEES
ELEVATOR MODERNIZATION - LOW RISE ITEM NO. 115, C. C. P. 04/2 7/04
JOB #0326 The referenced item was referred to this department for
ELLICOTT DISTRICT comment.
I hereby submit to Your Honorable Body the following The department concurs and endorses the proposed
changes for City Hall, Elevator Modernization -Low Rise, changes in the charges for encroachments on streets and
Davis Ulmer Sprinkler Co., Inc., C #92010823. sidewalks.
1. Reroute distribution main from corridor on 20th floor. Add $ REFERRED TO THE COMMITTEE ON LEGISLATION
1,923.00
2. Reroute distribution main into stair tower on 15 th floor. NO. 23
Add $ 458.00 PERMISSION TO INSTALL SPEAKERS ON
3. Install frost proof sidewall sprinkler head on 15t.h floor LIGHT POSTS ON CHIPPEWA ST.
machine room. Add $ 172.00 ELLICOTT DISTRICT
The foregoing change results in a net increase in the ITEM NO. 119, C. C. P. 04/2 7/04
contract of Two Thousand Five Hundred Fifty Three and Please be advised that speakers were already in place on
00/100 Dollars ($2,5534.00). light standards on Chippewa St., and these speakers were
Summary: Current Contract Amount $39,878.00 removed by this department on April 29, 2004, due to
Amount of This Change Order (#1) Add$ 2,553.00 neighborhood complaints. Due to these complaints, this.
Revised Contract Amount $42,431.00 department does not recommend approval.
Costs have been reviewed by the Consulting Architect REFERRED TO THE COMMITTEE ON LEGISLATION
(DiDonato Associates) and the Department of Public Works,
Parks & Streets and were found to be fair and equitable. NO. 24
Funds for this work are available in 36322206 445100 - RECONSTRUCTION OF WHEELOCK ST.
Division of Buildings. RES. NO. 155, C.C.P. 03/30/04
I request that Your Honorable Body authorize the The department has inspected Wheelock St. and agrees
Commissioner of Public Works, Parks & Streets to issue a that the street is in need of reconstruction. The street has
change order to the contractor as set forth above. been placed on our 2004-paving list and will be completed
Mr. Coppola moved: assuming that funds are made available.
That the above communication from the Commissioner of RECEIVED AND FILED
Public Works, Parks and
Streets dated April 28, 2004, be received and filed; and NO. 25
That the Commissioner of Public Works, Parks and Streets REDUCTION IN RETENTION
be, and he hereby is authorized to issue change order No. 1, PORTER AVE. TRAFFIC SIGNALS
to Davis Ulmer Sprinkler Co., Inc., an increase in the amount OMER CONSTRUCTION, CONTRACT #92010529
of $2,553-00, as more fully described in the above I hereby request that Your Honorable Body approve a
communication, for work relating to Job No. 0326, City Hall, reduction in retention for Omer Construction related to
Elevator Modernization, Low Rise, C #92010823. Funds for Contract #92010529 for traffic signal replacements on Porter
this project are available in CPF 36322206 445 100 - Ave. We are requesting a reduction from $65,697.61 to
Division of Buildings. $10,000.
PASSED The project is essentially complete except for miscellaneous
AYES - 9 NOES - 0 pavement markings and replacement of a pedestrian pole,
which was damaged by a traffic accident.
NO. 20 Mr, Coppola Moved:
DEVELOPING A POLICY FOR REUSING CITY SCHOOLS That the above communication from the Commissioner of
ITEM NO. 153, C.C.P. 04/13/04 Public Works, Parks and
This item was sent to this department for comment. Streets dated May 6, 2004, be received and filed; and
All properties used by the Board of Education are owned by That the Commissioner of Public Works, Parks and Streets
the City of Buffalo. When the Board decides that they no be, and he hereby is authorized to approve a reduction in
longer need to use any facility, control of that facility reverts retention from $65,697.61 to $ 10,000 to Omer Construction
to the City of Buffalo, Division of Real Estate. for traffic signal replacements on Porter Avenue, Contract
This department does not know of any urgent needs for any #92010529.
of the school buildings being vacated. We, therefore, PASSED
recommend that these buildings be disposed of, as deemed AYES - 9 NOES - 0
appropriate.
REFERRED TO THE COMMITTEE ON COMMUNITY NO. 26
DEVELOPMENT REPORT INFORMAL BIDS
ELMWOOD AVE, PAVEMENT REPAIRS
NO. 21 Please be advised that our department received informal
ENFORCEMENT OF ILLEGAL DUMPING ORDINANCES bids for pavement repairs on Elmwood Avenue between
ITEM NO. 135, C.C.P. 04/13/04 West Delavan and Potomac Avenue as follows:
Thomann Asphalt Paving Corp. $15,356.25
ABP Concrete Const. Inc. $20,225-00 3. That the sidewalk cafe does not exceed 25 feet in
P&J Construction Co. Inc. No Bid length or extend more than 4 1/2 feet from the building face.
Based on the bid results I request that Your Honorable Body 4. That no portion of the sidewalk cafe be permanent in
authorize an informal contract to Thomann Asphalt Paving nature or permanently affixed to the main building or
Corporation in the amount of $16,891.88 (Base Bid public sidewalk.
$15,356.25 + $1,535.63 10% Unit Price Increase = 5. That the sidewalk cafe be completed removed from
$16,891.88). City right-of-way from November 15 to April I each year.
The engineers estimate for this work was $15,000 and funds 6. That the applicant be assessed the annual fee of $1.30
are available in our Capital Project Account #36311006. per square foot of City right-of-way occupied by said
Mr. Coppola Moved: sidewalk cafe as described in Chapter 4131, Article IX
That the above communication from the Commissioner of Section 59 (Sidewalk Cafes) of the City Ordinances.
Public Works, Parks and Streets dated May 5, 2004, be 7. That the applicant supply the City of Buffalo with a five
received and filed; and thousand dollar ($5.000.00) construction in street bond
That the Commissioner of Public Works, Parks and Streets, or certificate of insurance which will identify and save
be, and he hereby is authorized to award a contract for harmless the City, of Buffalo against any and all loss
Elmwood Avenue Pavement Repairs, to Thomann Asphalt and damage arising out of the construction.
Paving Corporation, the lowest responsible bidder, in the maintenance, use and removal of said sidewalk cafe.
amount of $16,891.88 (Base Bid $15,356.25 + $1,535.63 REFERRED TO THE COMMITTEE ON LEGISLATION
10% Unit Price Increase = $16,891.88). Funds for the project
are available in Capital Project Account #36311006. NO. 29
PASSED 5 GENESEE STREET
AYES - 9 NOES - 0 RCQUESTS PERMISSION TO INSTALL
SIDEWALK CAFE
NO. 27 (ELLICOTT DISTRICT)
REQUEST FOR INFORMATION Ms. Elena Kostadinovski. owner of Buffalo Red Hots.
KLEINHANS SHEAS & ZOO located at 5 Genesee Street. has requested permission to
Dear Ms. Baldwin: install a sidewalk cafe which would encroach City
Per your request, we offer the following: right-of-way at said address. The proposed cafe would
Kleinhans Accounts: measure 20 feet in length and project 20 feet from the
34322206 $82,487.89 building face into City right-of-way
31246606 $41,084.00 The Department of Public Works. Parks and Streets has
36321606 $25,761.04 received this application pursuant to Chapter 413. Section
(Empire State Development Grant) 59 (Sidewalk Cafes) of the City Ordinances and has no
Shea's Accounts: objection to Your Honorable Body authorizing the
39232006 $ 7,019.72 Commissioner of Public Works, Parks and Streets to issue a
35321306 ($ 4,272.89) -'Mere License" for said sidewalk cafe provided the following
31405856 $45,470.03 conditions are met
Zoo Accounts: 1. That the applicant obtain any and all other City
34321506 1,597.66 of Buffalo Permits necessary.
36321106 2,183.25 2. That the sidewalk cafe be installed exactly as shown on
31858806 4,096.36 plans submitted to and approved by the Department of
Account 36321606 is only for Kleinhans. Account 36322206 Permit and Inspection Services.
may be used for other buildings. In reviewing the accounts 3. That the sidewalk cafe does not exceed 20 feet
for this letter, we realized that the Shea's change order in length or extend more than 20 feet front the building face.
should have been taken from 31405856. This will be 4. That no portion of the sidewalk cafe be permanent in
corrected. nature or permanently affixed to the main building or public
Very truly yours, sidewalk.
Joseph N. Giambra 5. That the sidewalk cafe be completely removed
REFERRED TO THE COMMITTEE ON FINANCE from City right-of-way from November 15 to April I each year.
6. That the applicant be assessed the annual fee of $1.30 per
NO. 28 square foot of City right-of-way occupied by said sidewalk
830 ABBOTT ROAD cafe as described in Chapter 413, Article IX, Section 59
REQUESTS PERMISSION TO INSTALL (Sidewalk Cafes) of the City" Ordinances.
SIDEWALK CAFE 7. That the applicant supply the City of Buffalo with a five
SOUTH DISTRICT thousand dollar ($5,000.00) construction in street bond or
Mr. Scan Doctor, owner of Doctor's Pizza Sports Bar & certificate of insurance which will indentify, and save
Grill, located at 830 Abbott Road, has requested permission harmless the City of Buffalo against any and all loss and
to install a sidewalk cafe which would encroach City damage arising out of the construction. maintenance. use
right-of-Way at said address. The proposed cafe would and removal of said sidewalk cafe.
measure 25 feet in length and project 4 1/2 feet from the REFERRED TO THE COMMITTEE ON LEGISLATION
building face into City right -of-Way
The Department of Public Works. Parks and Streets has NO. 30
reviewed this application pursuant to Chapter 413. Section CERTIFICATE OF APPOINTMENT
59 (Sidewalk Cafes) of the City Ordinances and has no Appointment Effective: April 26, 2004 in the Department of
objection to Your Honorable Body authorizing the Public Works, Parks & Streets, Division of water to the
Commissioner of Public Works, Parks and Streets to issue a Position of Dispatcher
"Mere License- for said sidewalk cafe provided the following Contingent permanent at the intermediate starting salary of
conditions are met $30,116.00
I . That the applicant obtain any and all other City of Buffalo Kelly Hahn, 86 Weiss Street, Buffalo, New York 14206
permits necessary. REFERRED TO THE COMMITTEE ON CIVIL SERVICE
2. That the sidewalk cafe be installed exactly as shown
on plans submitted to and approved by the Department NO. 31
of Permit and Inspection Services. CERTIFICATE OF APPOINTMENT
Appointment Effective: May 3, 2004 in the Department of essential to the department. The drug asset forfeiture
Public works, Parks & Streets, Division of Water to the account is therefore a "working" budget and changes from
Position of Senior Engineering Aide-Water Permanent time to time.
Appointment at the Intermediate Concerning your request then of what particular seminars or
Starting Salary of: $34,047l conferences these funds may be used for in the future, the
Brian Cannon, 186 Goethe Street, Buffalo, New York 14206 following is a brief description of the established Police
REFERRED TO THE COMMITTEE ON CIVIL SERVICE Department process regarding these funds:
- Upon receipt of a seminar or conference announcement,
FROM THE COMMISSIONER OF POLICE the particular unit personnel will submit a request to attend.
NO. 32 The request includes all pertinent information regarding the
DRUG ASSET FORFEITURE CHECKS RECEIVED seminar and the benefit to the department.
ITEM NO. 104, C.C.P. 2/2/88 - The request is then submitted through the chain of
8155-00119640 C2-97-0064command and ultimately presented to the commissioner.
194.97 - The Commissioner will then review the request as to the
8155-00119662 C2-03-0093overall cost, availability of funds and the benefit to the
926.05 department. After this review, the Commissioner will either
C2-03-0135approve or disapprove the request.
950.05 If approved, notification is sent to those attending and the
8155-00119667 C2-03-0072normal departmental and city guidelines for travel requests
587.05 are then followed.
C2-02-0152Furthermore, to date the Department has spent only $11,518
2,392.31 of drug asset forfeiture funds for training seminars and all
8155-00119726 C2-02-0152costs associated with them. Last fiscal year (2002-2003),
7,993.31 this expense only totaled $27,366. Considering the City's
8155-00120092 C2-03-0165financial crisis and recent budget cuts (zero dollars for
1,325.29 training/travel costs), these funds enable the department to
C2-03-0094continue to educate and train its personnel in order to
813.25 provide the necessary and essential services to the citizens
C2-02-0151of the City of Buffalo.
434.14 Continuation of: City of Buffalo, Police Department
8155-00119862 C2-03-0126Drug Asset Forfeiture Account
331.41 As stated before, the Department makes every attempt to
C2-03-0071keep these costs to a minimum and also ensure that Police
2,934.00 personnel are properly trained and are able to correctly carry
C2-02-0152out their duties. In addition, much of the information gathered
3,932.34 from these seminars is brought back and shared with other
C2-02-0152officers.
4,091,04 In direct response to your request, please find enclosed a
8155-00119902 C2-03-0120listing of all trainings /seminars/ conferences attended by
540.80 various BPD personnel through in house training, at local
8155-00120019 C2-91 -ZOO 1colleges, CPS academy, at other regional sites and ones
2,912.00 that require further travel (out of state), since January 1,
SUB-TOTAL2003 to the present date.
$30,358.01 If you have any further questions regarding the use of these
The above referenced property has been administratively funds, please contact this office at 851-4571.
forfeited by the Drug Enforcement Administration. REFERRED TO THE COMMITTEE ON FINANCE
(DEA). The checks were received by this Department and
duly deposited in the Trust & Agency Account,#20010000 NO. 34
389001. These funds will be placed into one or more of the REQUEST FOR INFORMATION FROM THE BUFFALO
following accounts as deemed by the Commissioner o POLICE DEPARTMENT ON UNSOLVED HOMICIDES IN
Police: THE CITY OF BUFFALO"]
Educational Training/Seminar, Confidential Funds, Materials RES. # 156, CCP APRIL 13, 2004:
and Supplies, Firearms and Weapons, Communications an( We are in receipt of a document from the City Clerk's Office
Computers, Electrical Surveillance, Purchase of Services, dated April 17, 2004, regarding your request for data
Improvements, Vehicles, Operating Equipment concerning unsolved homicides in the City of Buffalo.
If you have any questions regarding the above mentioned, Your request pertains to an issue that the Buffalo Police
please contact Chief Edward Hempling at 851-5181. Department regards as very serious. Your request must be
REFERRED TO THE COMMITTEE ON FINANCE reviewed under the Freedom of Information Law ("FOIL").
Please be advised that we are compelled to decline to
NO. 33 release the data that you have requested pursuant to the
RESPONSE- DRUG ASSET FORFEITURE ACCOUNT New York Public Officer's Law. Under that Law, several
Pursuant to request dated April 28 regarding drug asset exemptions apply to the data that you have requested,
forfeiture funds (item 437 - CCP March 16, 2004), in including the following:
particular the heading "educational training/seminars", be 1.) Records compiled for law enforcement purposes and
advised the seminars/conferences to be covered by the which, if disclosed would:
$70,979.51 currently appropriated under this line have not •Interfere with law enforcement investigations or judicial
been determined as of this date. proceedings;
As mentioned at the finance meeting held April 6, funds are •Deprive a person of a right to a fair trial or impartial
budgeted into these sub-accounts upon receipt of the adjudication;
revenue from the federal government. The funds in a •Identify a confidential source or disclose confidential
particular sub-account are then either utilized for an information relating to a criminal investigation, or;
expenditure under that category, in this instance training •Reveal criminal investigative techniques or procedures,
seminars, or they are moved at a later date to another except routine techniques and procedures.
sub-account to cover an item deemed necessary and
2.) Records, if disclosed, would endanger the life or safety of Mr. Coppola moved:
any person. That pursuant to Chapter 254 of The City Code, the Office of
3) Inter-agency or intra-agency materials which are not: Licenses is hereby authorized to grant a Second Hand
•Statistical or factual tabulations or data; Dealer's License to Sarah Ware dba Hey Sarai Consignment
•Instructions to staff that affect the public; & List Shop located at 3124 Main Street.
•Final agency policy or determinations, or; PASSED.
•External audits. AYES - 9 NOES – 0
(see New York Public Officer's Law §87 (2) (e-g) FROM THE COMMISSIONER OF COMMUNITY SERVICES
On March 25, 2004, the Buffalo Police Department provided
The Common Council with statistics pertaining to homicides NO. 38
dating back to 1990. Enclosed please find another copy of THIRD QUARTERLY REPORT ON THE DIVISION OF
our March 25, 2004 correspondence for your review. SUBSTANCE ABUSE
REFERRED TO THE COMMITTEE ON LEGISLATION. SERVICES
Attached, please rind the Third Quarterly Report
FROM THE COMMISSIONER OF PERMIT & INSPECTION 2003 - 2004 on the Division of Substance Abuse Services.
SERVICES REFERRED TO THE COMMITTEE ON BUDGET
NO. 35 FROM THE CITY CLERK
R. CAROTHERS-CONCERNS-453/457 NORTHLAND NO. 39
AVENUE LIQUOR LICENSE APPLICATIONS
(ITEM NO. 37, C.C.P. 4/27/2004: Attached hereto are communications from persons
I am in receipt of the above stated Common Council applying for liquor licenses from the Erie County Alcohol
Communication and wish to supply your Honorable Body Beverage Control Board.
with t following information. On January 15, 2004, this Address Business Name Owner's Name
property was written for Housing Court by Building Inspector 479 Genesee no name given Tyrone Foster
Tracy Krug. An Inspection performed on March 18, 2004 42-44 W. Chippewa no name given Todd T. Bews
showed that some progress had been made and that the 41 Virginia Place Fat Bob's Smokehouse A. Piccione
owner h removed the unlicensed vehicles and removed the 1223 (1221-1225)Niagara St. Danny Zack's Bar/Grill
trash. As of this writing an inspection will be performed on Bulluck Bar Corporation
May 2004 to assure compliance for the repair and painting of 252 Delaware no name given Daniel A. Cane
the exterior trim. To the best of our knowledge there is no RECEIVED AND FILED
Illegal repair shop at this property. It is zoned for commercial
storage. At this time we wish to assure your Honorable Body NO. 40
will monitor this situation to prevent illegal activity and LEAVES OF ABSENCE WITHOUT PAY
ensure compliance with all housing and zoning co I transmit herewith notifications received by me, reporting
requirements. It is my sincere hope that this response the granting of the leaves of absence without pay, in the
satisfies your inquiry. various departments as
RECEIVED AND FILED. Fire- Charles Mayer, Kenneth Williams
NO. 36 Permit and Inspection Services- Charles Moore
RESTAURANT DANCE CLASS IV RECEIVED AND FILED.
414 PEARL ST (ELLICOTT)
Pursuant to Chapter 150 of the City of Buffalo Ordinances, NO. 41
please be advised that I have examined the attach REPORTS OF ATTENDANCE
application for a Restaurant Dance Class IV License located I transmit herewith communications received by me, from
at 414 Pearl St and find that as to form is correct. I ha the various boards, commissions, agencies and authorities
caused an investigation into the premises for which said reporting the membership attendance at their respective
application for a Restaurant Dance Class IV license is being meetings:
sought and according to the attached reports from the City Planning Board
Zoning Office, Fire Department and Building Inspections, I RECEIVED AND FILED.
find complies with all regulations and other applicable laws. I
have caused an investigation by the Police Department into NO. 42
the moral character of Angelo Castricone. The attached NOTICES OF APPOINTMENTS - COUNCIL INTERNS
thereto for Angelo Castricone d/b/a AIA Nightclub. This I transmit herewith appointments to the position of Council
request submitted for your approval or whatever action you Intern.
deem appropriate. Mr. Coppola moved the approval of the appointments to the
REFERRED TO THE COMMITTEE ON LEGISLATION position of Council Intern.
ADOPTED.
NO. 37 CERTIFICATE OF APPOINTMENT
SECOND HAND DEALER Appointment Effective April 27, 2004 in the Department of
3124 MAIN STREET (UNIVERSITY) Common Council, to the Position of Intern VI, Seasonal
Pursuant to Chapter 254 of the City of Buffalo Ordinances, Non-Competitive, at the Flat Starting Salary of $ 10.00/hr
please be advised that I have examined the attached Christopher P. Savage, 207 West Ferry, Buffalo, NY 14213
application for a Second Hand Dealer License located at 3
124 Main Street and find that as to form is correct. I have NO. 43
caused an investigation into the premises for which said NOTICES OF APPOINTMENTS - SEASONAL/FLAT
application for a second hand dealer license is being Sought I transmit herewith certificates received by me, reporting
and according to the attached reports from the Zoning seasonal and flat salary appointments made in various
Office, Fire Department and Building Inspections, I find it departments.
complies with all regulations and other applicable laws. I RECEIVED AND FILED.
have caused an investigation by the Police Department into DEPARTMENT OF COMMUNITY SERVICES
the moral character of Sarah Ware. The attached thereto for Appointment Effective May 3, 2004 in the Department of
Sarah Ware d/b/a Hey Sarai Consignment & Gift Shop. This Community Services, Division of Contract Administration to
request is submitted for your approval or whatever action the Position of Lifeguard, SEASONAL NON-COMPETITIVE
You deem appropriate. at the Starting Salary of $ 6.25 per hour
Stacy Hamilton, 91 Gatchell, Buffalo 14212 boating, our sparkling vistas - for many of us, this is what
Appointment Effective April 26, 2004 in the Department of makes our State a special place to live and work. This is also
Community Services, Division of Contract Administration to what draws many out-of-state visitors here.
the Position of Lifeguard, SEASONAL at the FLAT starting This year, we are focusing on how communities,
Salary of $ 6.25 per hour the New York State Department of Environmental
Melanie Padilla, 6 Ashton, Buffalo 14220 Conservation, and our partners can work together to protect
DEPARTMENT OF PUBLIC WORKS our State's waters from wet weather discharges-sanitary
**CORRECTED COPY** sewer overflows, combined sewer overflows, and agricultural
Appointment Effective May 3, 2004 in the Department of and stormwater runoff. These discharges, caused by rain
Public Works, Division of Parks to the Position of and melting snow, are associated with poor water quality
**LABORER II** SEASONAL APPOINTMENT that hurts fish and wildlife populations and causes beach and
at the MINIMUM Starting Salary of **$8.15**/hr shellfish bed closures, as well as impacting a community's
Jerry Brinkworth, 47 Marine Drive, Buffalo 14202 quality of life and economy.
Marasco Steven, 88 Dakota, Buffalo 14216 This year, our Water Quality Improvement Project
McParlane Thomas, 38 Eaglewood, Buffalo 14220 funding program has made available more than $11.4 million
Philip Nott, 54 Clifford, Buffalo 14210 for projects to help control combined sewer overflows in the
Appointment Effective April 23,2004 in the Department of Capital District, abate stormwater, and, through a
Public Works, Division of Parks To the Position of Fee partnership with the New York State Department of
Collector, SEASONAL APPOINTMENT at the MINIMUM Agriculture and Markets, prevent agricultural runoff. In
Starting Salary of $5.15/hr addition, we are reaching out to communities with technical
Hennigan Robert, 79 Marine Drive, Buffalo 14202 assistance and educational materials.
Kuwik Jerome, 2317 Bailey, Buffalo 14211 We cannot control the weather, but communities
Morey Joanne, 8 Taunton, Buffalo 14216 can control the other factors that contribute to water quality
Scanlon Stephen, 57 Marimont, Buffalo 14220 problems and flooding. In this packet, you will find
Felschow Robert, 241 O’Connell Ave, Buffalo 14210 information on what we are doing and what your community
Haug Kelly, 22 Weyand, Buffalo 14210 can do to address wet weather discharges.
Beutler, Susanne, 35 Melrose, Buffalo 14220 I encourage you to work with your community to
Brady, John, 160 Norwalk, Buffalo 14216 reduce the impacts of wet weather discharges. By joining
Alessi, William, 721 Busti, Buffalo 14216 forces to address water quality issues, New Yorkers ensure
Barone, Jr., Carl, 18 Crestwood Ave., Buffalo certifv that the that our rivers, streams, lakes, estuaries and beaches are
Derson(s) named in Schedule "A" have been certified or protected for ourselves and our children.
anoroved bv the Human Resources/Civil Service for the REFERRED TO THE COMMITTEE ON COMMUNITY
Appointment effective April 16, 2004 in the Department of DEVELOPMENT.
Public Works, Buildings, to the position of Laborer II,
Seasonal, Non-Competitive, at the starting salary of NO. 47
$8.15/hr. SEVERE PARKING PROBLEMS ON LORRAINE AVENUE
Robin Robenolt, 346 Pennsylvania St, Buffalo 14201 Thank you for speaking with my husband about the
problematic parking issue on Lorraine Avenue. Below is a
NO. 44 brief synopsis of the situation.
APPOINTMENTS - TEMPORARY, PROVISIONAL OR Since we moved to 48 Lorraine Avenue, in an upper
PERMANENT apartment in 1994 the following changes have happened
I transmit herewith Appointments in the various causing severe parking distress for all residents, taxpayers
departments made at the Minimum (Temporary, Provisional and renters like us, who live there:
or Permanent) (as per contract requirements) . •Our Lady of Victory Hospital closed forcing more traffic and
REFERRED TO THE COMMITTEE ON CIVIL SERVICE. patients to Mercy Hospital. Many employees and visitors
DEPARTMENT OF LAW have refused to park in the ramp and pay the $3.75 per day.
Appointment Effective May 3, 2004 in the Department of When I worked in Albany for awhile, parking was $15.00 a
Law, to the position of Assistant Corporation Counsel I day. They then park all over our street while the ramp is
(Municipal Attorney), Permanent, Non-Competitive, at the relatively empty!!!
minimum starting salary of $45,757. •Trocaire College exponentially increased its enrollment, but
Peter J. Savage III, 207 W. Ferry St., Buffalo, NY 14213 has not been a good neighbor as it has left its students to
spill over all the surrounding streets and wreak havoc with
residential parking. They are inconsiderate and rude, as they
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND have even tried to park in the Lorraine Academy School lot
REMONSTRANCES during the day and have sworn at the principal when the
principal told them to leave. That is why the school has gone
NON-OFFICIAL COMMUNICATIONS to a hang tag system and has non-hang tag vehicles towed
out and charged a $45.00 fine. When I worked for D'Youville
NO. 45 College, to help the neighborhood and relieve street parking
CIMINELLI CONST. CO.- that College purchased homes and created parking lots. It's
BOARD PACKET DOCUMENTS-5/3/04 about time Trocaire did not same and not continue to impose
Attached are the following documents from the May 3, 2004 on the residents in the area, especially if they plan to
Joint Schools Construction Board Meeting. continue to increase their enrollment. This is unfair - they are
RECEIVED AND FILED. getting free parking for their students at the expense of city
residents who pay taxes and rent.
NO. 46 More younger families with children and two cars have
E. CROTTY-INFO.-WATER WEEK, ETC. moved onto the street adding to the problem. About % of the
Every year, the first full week in May marks New York State's houses on the street are doubles and only two cars can fit in
annual celebration of Water Week. This year, on May 2-8, the driveways, so the other two have to go somewhere - on
2004, I invite you to join me in recognizing the local lakes, the street. Since Buffalo does not allow front lawn parking
streams, and beaches that add so much value to our pads to be built, the parking has become worse and worse.
communities. In New York State, we have long recognized •Lorraine Academy has gone from a Grade 4 - 8 school to a
that environmental quality, community life, and a strong K - 8 operation adding even more teachers with cars and
economy go hand in hand. Our beaches, our fishing, our confusion to the situation - more parents, more buses, more
traffic jams, etc.! Parent teacher day is a nightmare. I had Avenue and other streets to park on their streets with
nowhere to go for three hours on a parent teacher day - I hangtags, permits, or decals from between 5:00 p.m. and
couldn't even come home after work!! 11:00 p.m. and from 9:00 a.m. to 3:00 p.m. The attached
•The incidence of speeding vehicles has severely increased ordinances and laws have been enacted elsewhere and
through Lorraine Avenue to the point where there have been Governor Pataki even supports residential permit parking!
several accidents. Several cars have lost mirrors and have So, instead of forcing residents to move out, we can turn a
been smashed in by people driving at high speeds that bad situation into a moneymaker for the City of Buffalo too.
barely fit through the street side by side without bad weather. Thank you for your time and consideration.
When it snows, the street becomes filled with snow because REFERRED TO THE COMMITTEE ON LEGISLATION,
we cannot alternate parking due to the school and the street COMMISSIONER OF PUBLIC WORKS, PARKS AND
stays rutted and icy. For your information, my car has been STREETS, AND DIRECTOR OF PARKING
damaged by an unknown vehicle speeding down the street ENFORCEMENT.
in the middle of the night. The unknown vehicle clipped mine
on the side. I went to my collision shop and they said the NO. 48
damage would cost $200.00 to fix. My husband has been S. HOYT-“BUFFALO’S OUTER HARBOR”
laid off from his job due to company restructuring and we Thank you for contacting my office regarding the Common
don't have the money to fix my car. Council resolution of March 30, 2004 concerning Buffalo’s
•Ever since the principal has allowed Trocaire College Outer Harbor.
students to use the Lorraine Academy school lot, the parking I understand that this is an important matter to you.
problems have become worse. On certain days when I come I fully support the efforts to revitalize our outer harbor, and
home from work from Niagara University I have nowhere to have spoken with both Assemblymember Brian Higgins and
park - I can't even go home and have to ride around or go the Assembly leadership to voice my strong support for
somewhere else and wait for an hour or more before I can these efforts. I have worked closely with Assemblymember
come home! Higgins on this issue, and the Western New York Delegation
•My husband and I have become "prisoners" in our own has brought millions of dollars to the waterfront development
apartment. If we are there during a week day, you can't go efforts. With regard to the issue addressed by this
out until after 3:00 p.m. or else you will never find a space so resolution, I have indicated to Assemblymember Higgins that
you can go home. Our landlord and landlady park in the I would await his direction as to what next steps are
driveway and we are not allowed to - it only fits two cars. If I appropriate. I look forward to continued collaboration with my
arrive home (and there are others like me and my husband fellow elected officials and the community to bring this
too who fight for spaces) after 6:00 p.m. parking is either project to fruition.
non-existent or very tough to find. This is not fair. When Thank you again for contacting my office regarding this
there are spaces in the school lot across the street my issue. Please do not hesitate to do so again regarding this
husband and I have to "stand guard" at the front windows, or any other matter.
waiting to run down to move our vehicles to street parking RECEIVED AND FILED.
because from 6:00 a.m. to when school lets out you can't
park in the Lorraine Academy school lot. This "routine" NO. 49
interrupts our dinner and degrades our quality of life. INFO-INSPECTORS SCHOOL FOR 2004
•Over the past two years, several people in uppers on the This is to notify you that the Inspectors Schools for
street have moved out of the City of Buffalo due to the 2004 will be delayed until August.
Lorraine Avenue parking problem. So, the parking problems The reason for this delay is that we are still not
in South Buffalo and I'm sure elsewhere in the City are getting clear answers from the State Board of Elections and
driving people away. the State Legislature has not agreed on the implementation
•My husband and I have been threatened several times with of HAVA (Help America Vote Act).
bodily harm by nonresidents who attempt to take street Until we have these directions we will not be in a
spaces or spaces in the school lot after hours. We get to the position to adequately train the Inspectors for this Federal
spaces first and the people get out of their vehicles and Election.
threaten us. The last such incident occurred about one Our apologies for any inconvenience but we had
month ago when, I man in a pickup truck almost knocked my hoped that we would have an answer on the issues by now.
husband down and threatened him bodily harm because my This is a difficult, multifaceted issue for our State Legislators
husband took the last space in the school lot at night. The to act on, so it is obvious that due consideration must be
man claimed he visited his sick mother every day at Mercy taken for this massive change in the way things are done.
hospital, but we never saw his vehicle before. My husband We will advise you as soon as we are made aware
could have been assaulted!! Then when you get into your of the necessary State Legislation as well as action by the
car on the street, vehicles literally drive behind or on the side State Board of Elections.
of yours, hover and honk their horns for the spot you are in. I RECEIVED AND FILED.
went outside to just fetch something from my car and was
sworn at by another driver because I did not move my car!!! NO. 50
We have about had it!! The block club in the area has done MOVING BOARD OF EDUCATION ELECTIONS
NOTHING about this problem except put their heads in the RES. 148, CCP 4/13/04
sand and do beautification!! The problem will not go away This letter will formally acknowledge receipt of the
and is getting worse and yet they ignore it!!!! above-cited resolution adopted by the Buffalo Common
So here is my solution - Residential or Neighborhood Permit Council regarding the "moving board of education elections".
Parking!! I have attached information about such programs I would be most appreciative if you could pass along my
from several cities that have already enacted laws to help response to the members of the Council.
residents in problematic parking areas. These cities include For many years I had introduced legislation (see
Salem, Chicago, Boulder, South Boston, Eastchester, enclosed) along with former Assemblyman Arthur Eve,
Houston, and Halifax. mandating that school board elections be held on the same
I have included all the information I could find about the day as the general election held in November. Unfortunately,
above cities laws including the actual regulations. I propose we were unable to bring this measure to either the Senate or
establishing such a system. In most cases, the permitting Assembly floor for a vote.
system becomes a moneymaker and is self-supporting. In doing my research on this issue I was informed
Buffalo could certainly use more revenue right? We need that the 1974 law authorizing the May election date for
some sort of system that would allow residents on Lorraine school board members was enacted so the process would
be "depoliticized". But I think the Council will agree that REFERRED TO THE COMMITTEE ON LEGISLATION, THE
we've seen just the reverse, in that candidates often have CITY PLANNING BOARD AND THE
the backing of a political party, or else have support from CORPORATION COUNSEL
narrowly focused organizations.
Nonetheless, I am now in the process of finding a NO. 56
sponsor for this bill in the Assembly. I would think that more SCOTT MAYNARD, AGENT, USE 88 WEST CHIPPEWA
than ever, the City of Buffalo and other municipalities would FOR A SIDEWALK CAFE 42" HIGH, 31' X 6'
welcome tile fiscal relief legislation like this would offer. The attached is for Common Council Approval; but per
Thank you for your interest in this matter. Permits, no public hearing is required.
REFERRED TO THE COMMITTEE ON LEGISLATION. REFERRED TO THE COMMITTEE ON LEGISLATION, THE
CITY PLANNING BOARD AND THE CORPORATION
NO. 51 COUNSEL
TRI-DEVELOPMENT.- REQUEST TO USE HALBERT
STREET FOR TRI-MAIN PARKING REGULAR COMMITTEES
At your suggestion, Tri-Main Development LLC met with the
Department of Public Works to discuss if we could annex a CIVIL SERVICE
portion of Phelps St. to use as parking for the Tenants of Tri-
Main Center. (BONNIE E. RUSSELL, CHAIRPERSON)
The Department of Public Works thought this to be a feasible
solution to our parking issue if we provided pedestrian NO. 57
access and a turn around for City vehicles at the end of NOTICES OF APPT.-TEMP./PROV./PERRN. (C.CLK.)
Phelps St. The attached plan indicates how we would (CCP#35-APR. 27, 04)
propose to block off a portion of Phelps St. while still meeting That the above item be and the same hereby is received and
the needs of the City. filed.
It is our understanding that the issue needs to be filed with ADOPTED
the Common Council. We respectfully ask that you table this
action at the May 11 meeting of the Council. FINANCE
Occupancy at Tri-Main Center is full and the lack of parking
is becoming an issue in our effort to retain tenants. We are (BRIAN C. DAVIS, CHAIRMAN)
just completing a major renovation to our existing lots to
increase the number of parking spaces but still require the NO. 58
use of Phelps St. to meet the needs of our tenants. AUD. FIN. STATE.-BFLO. MUN. WATER FIN. AUTH.-YR.
Thank you for your assistance in this matter. Please let us ENDED 6/30/03-W/RPT. OF
know if there is anything else required to move forward with INDEPENDENT AUDITORS (COMPT.)
this initiative. (CCP#15-APR. 13, 04)
REFERRED TO THE COMMITTEE ON LEGISLATION. That the above item be and the same hereby is received and
filed.
NO. 52 ADOPTED
D. TURNER-PEACE BRIDGE ARTICLE & ASTHMA
CAPITALS IN US NO. 59
Please file the attached two (2) Items that was presented to AUD. FIN. STATE.-BFLO. WATER BD.-YRS. ENDED
the Bi-National Sub-Committee on Thursday, April 29, 2004. 6/30/03 & 02-W/RPT, OF IND. AUD. (COMPT.)
1) Buffalo News Article from April 19, 2004 on the Peace (CCP#16-APR. 13, 04)
Bridge Authority, That the above item be and the same hereby is received and
2) Report on Asthma Capitals in the US filed.
Please refer to the Committee on community Development. ADOPTED
Thank you.
REFERRED TO THE COMMITTEE ON COMMUNITY NO. 60
DEVELOPMENT. WATER BD. AUDITS-2000 & 2002 FULL AUDIT REPORT
(COMPT.)
PETITIONS (CCP#21-APR. 13, 04)
That the above item be and the same hereby is received
NO. 53 and filed.
A. 0’KEEFE, AGENT, USE 1457 AKA 1459 HERTEL FOR ADOPTED
A SIDEWALK CAFE (DELAWARE).
(HRG. 5/18) NO. 61
REFERRED TO THE COMMITTEE ON LEGISLATION, WATER BOARD REVIEW (COMPT.)
CITY PLANNING BOARD AND CORPORATION (CCP#22-APR. 13, 04)
.
That the above item be and the same hereby is received
COUNSEL
and filed.
ADOPTED
NO. 54
SCOTT MAYNARD, AGENT, USE 765 ELMWOOD AVE,
NO. 62
SIDEWALK CAFE
CONSIDER TERMINATING WATER CONTRACT
(HRG 05/18)
W/AMER. WATER SVS. (EXC. FIN. RES.)
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
(CCP#149-MAR. 16,04)
CITY PLANNING BOARDAND THE CORPORATION
That the above item be and the same hereby is received
COUNSEL
and filed.
ADOPTED
NO. 55
SCOTT MAYNARD, AGENT, USE 88 WEST CHIPPEWA
NO. 63
AKA 227 DELAWARE FOR A SIDEWALK CAFÉ 42"
AUDIT OF WATER SYSTEM (COMPT.)
HIGH, 6' X 25'
(CCP#19-MAR. 30,04)
The attached is for Common Council Approval; but per
Permits, no public hearing is required.
That the above item be and the same hereby is received That the city-owned property commonly known as 113
and filed. Mulberry Street, is hereby designated as Homestead
ADOPTED Property, and that the Mayor be, and he hereby is authorized
to execute a deed transferring said property to Mr. Llord
NO. 64 Brooks, residing at 111 Mulberry Street, in the amount of
RENEW LEASE AGREEMENT - MASSACHUSETTS $1.00 (One Dollar), and all costs of transfer, on the condition
AVENUE PROJECT - 378 MASSACHUSETTS AVENUE the property is cleared and improved within six (6) months
(ITEM NO. 3, C.C.P., APR. 27, 2004) and maintained in a sanitary manner.
That the Director of Strategic Planning be, and he hereby PASSED
is authorized to renew the lease between the City and the AYES - 9 NOES - 0
Massachusetts Avenue Project for use of 378
Massachusetts Avenue for an additional two (2) year term NO. 69
commencing on January 1, 2004 and expiring on December M. COPPOLA-INFO,"PRO PATCH"
31, 2005. That the Corporation Counsel be authorized to (CCP#46-FEB. 17, 04)
prepare the necessary lease and that the Mayor be That the above item be and the same hereby is received
authorized to execute the same. and filed.
PASSED ADOPTED
AYES - 9 NOES - 0
NO. 70
NO. 65 B. DAVIS-J. PIERAKOS-INFO.-PRO-PATCH UNIT
RENEW LEASE AGREEMENT - MASSACHUSETTS (CCP#57-MAR. 16,04)
COMMUNITY CENTER - 161 VERMONT STREET That the above item be and the same hereby is received
(ITEM NO. 4, C.C.P., APR. 27, 2004) and filed.
That the Director of Strategic Planning be, and he hereby ADOPTED
is authorized to renew a lease between the City and the
Massachusetts Community Center and Development LEGISLATION
Corporation d/b/a West Side Community Services for use of (RICHARD A. FONTANA, CHAIRMAN)
161 Vermont Street for an additional three (3) year term NO. 71
commencing on April 14, 2004 and expiring on April 13, M. JORDAN - CLOVER CONST. - REQ. APPEAL -
2007. That the Corporation Counsel be authorized to PRESERVATION BOARD RULING - 757 MAIN STREET
prepare the necessary renewal lease and that the Mayor be DEMOLITION GAS STATION
authorized to execute the same. (ITEM NO. 1, C.C.P., FEB. 3, 2004)
PASSED That the above item be, and the same hereby is returned
AYES - 9 NOES - 0 to the Common Council without recommendation.
Mr. Fontana moved that the above item be recommitted to
NO. 66 the Committee on Legislation
BRODERICK PARK CONCESSION STAND OPERATOR ADOPTED.
(ITEM NO. 17, C.C.P., APR. 27, 2004)
That the Commissioner of Public Works, Parks and NO. 72
Streets, be, and he hereby is authorized to enter into an M. JORDAN - CLOVER CONST. - REQ. APPEAL -
agreement with Manny Lezama of Rich Renaissance PRESERVATION BOARD RULING - 757 MAIN STREET
Niagara for the operation of the Broderick Park concession DEMOLITION GAS STATION
stand for an annual payment to the City of $900.00. (ITEM NO. 87, C.C.P., SEPT. 2, 2003)
PASSED (ITEM NO. 66, C.C.P., FEB. 3, 2004)
AYES - 9 NOES - 0 That the above item be, and the same hereby is returned
to the Common Council without recommendation.
NO. 67 Mr. Fontana moved that the above item be recommitted to
TRANSFER OF TITLE, URBAN HOMESTEAD - 303 the Committee on Legislation
MAPLE STREET ADOPTED.
(ITEM NO. 6, C.C.P., APR. 29,2003)
(ITEM NO. 126, C.C.P., MAR. 30, 2004) NO. 73
That the above item be, and the same hereby is returned CASINO IN BUFFALO
to the Common Council without recommendation. (CCP# I 42-APR. 13, 04)
Mr. Davis moved: That the above item be and the same hereby is received
That the city-owned property commonly known as 303 Maple and filed.
Street, is hereby designated as Homestead Property, and ADOPTED
that the Mayor be, and he hereby is authorized to execute a
deed transferring said property to Ms. Annette Sharpe, NO. 74
residing at 305 Maple Street, in the amount of $1.00 (One R. ARMSTRONG- SENECA NAT. OF INDIANS-CLASS III
Dollar), and all costs of transfer, on the condition the GAMING
property is cleared and improved within six (6) months and (CCP#36-APR. 27, 04)
maintained in a sanitary manner. That the above item be and the same hereby is received
PASSED and filed.
AYES - 9 NOES - 0 ADOPTED
NO. 68 NO. 75
TRANSFER OF TITLE, URBAN HOMESTEAD - 113 D. JACKSON-REQ. PUB. HRG.-SHOOTINGS & RELATED
MULBERRY STREET VIOLENCE
(ITEM NO. 18, C.C.P., FEB. 3, 2003) (CCP#59-MAR. 30,04)
(ITEM NO. 127, C.C.P., MAR. 30, 2004) That the above item be and the same hereby is received
That the above item be, and the same hereby is returned and filed.
to the Common Council without recommendation. ADOPTED
Mr. Davis moved:
NO. 76 PASSED
LIST OF HOMICIDES- 1990-2003 (POL.) AYES - 9 NOES - 0
(CCP#36-APR. 13, 04)
That the above item be and the same hereby is received NO. 85
and filed. USED CAR DEALER LICENSE - 303 HOPKINS
ADOPTED (ITEM NO. 24, C.C.P., APR. 27, 2004)
That pursuant to Chapter 254 of the City Code, the
NO. 77 Commissioner of Pen-nit & Inspections Services be, and he
PROSECUTING GUN CASES AS FEDERAL CASES hereby is authorized to grant a Used Car Dealer license to
(POL.) Joseph Gilson, d/b/a Security Auto Service, located at 303
(CCP#37-APR. 13, 04) Hopkins.
That the above item be and the same hereby is received PASSED
and filed. AYES - 9 NOES - 0
ADOPTED
NO. 86
NO. 78 RECONST. OF WHEELOCK STREET (BSA)
PROSECUTING GUN CASES AS FEDERAL CRIMES (CCP#27-APR. 27, 04)
(EXC. FIN. RES.) That the above item be and the same hereby is received
(CCP#136-MAR. 16,04) and filed,
That the above item be and the same hereby is received ADOPTED
and filed.
ADOPTED NO. 87
R. CAROTHERS-CONCERNS-453/457 NORTHLAND AVE.
NO. 79 (CCP#37-APR. 27, 04)
BOARD OF TRUSTEES FOR CITY OF BUFFALO That the above item be and the same hereby is received
LIBRARIES (ITEM NO. 109, C.C.P., MAR. 2, 2004) (ITEM and filed.
NO. 97, C.C.P., MAR. 30, 2004) ADOPTED
That the above item be, and the same hereby is returned
to the Common Council without recommendation. NO. 88
Mr. Fontana moved that the above item be recommitted to M. COPPOLA-L. FLERON-LIVING WAGE
the Committee on Legislation COMM.-UPDATE ON RECENT PROGRESS
ADOPTED. (CCP#54-APR. 13, 04)
That the above item be and the same hereby is received
NO. 80 and filed.
VOL. ENERGY CURTAILMENT INCENTIVE PROGRAM ADOPTED
(CCP#176-SEPT. 30, 03)
That the above item be and the same hereby is received NO. 89
and filed. T. TARAPACKI-COB TELEPHONE SURVEY (PW)
ADOPTED (CCP425-MAR. 2, 04)
That the above item be and the same hereby is received
NO. 81 and filed.
VOL. ENERGY CURTAILMENT (PW) ADOPTED
(CCP#L 9-FEB. 3, 04) COMMUNITY DEVELOPMENT
That the above item be and the same hereby is received (JOSEPH GOLOMBEK JR., CHAIRMAN)
and filed. NO. 90
ADOPTED QUEEN CITY HUB: A REGIONAL ACTION PLAN FOR
DOWNTOWN BUFFALO (STRAT. PLAN)
NO. 82 (CCP#12-MAR. 30,04)
REQ. ORD. REQ. PKG. FOR BICYCLES WHEN NEW That the above item be and the same hereby is received
PKG. FAC. ARE CONSTRUCTED and filed.
(CCP#177-SEPT. 30, 03) ADOPTED
That the above item be and the same hereby is received
and filed. NO. 91
ADOPTED TRANSFER TITLE OF 938 ELLICOTT STREET FROM
BURA TO THE CITY
NO. 83 (ITEM NO. 10, C.C.P., MAR. 16, 2004)
SIGN, ETC. ENCROACHMENT - BUFFALO NIAGARA (ITEM NO. 121, C.C.P., APR. 13, 2004)
MEDICAL CAMPUS That the above item be, and the same hereby is returned
(ITEM NO. 20, C.C.P., APR. 27, 2004) to the Common Council without recommendation.
Mr. Fontana moved that the above item be recommitted to Mr. Golombek moved that the above item be recommitted to
the Committee on Legislation the Committee on Community Development.
ADOPTED. ADOPTED.
NO. 84 RESOLUTIONS
USED CAR DEALER LICENSE - 272 GRANT STREET NO. 92
(ITEM NO. 43, C.C.P., APR. 13, 2004) BY: MR. BONIFACIO
That pursuant to Chapter 254 of the City Code, the PERMIT YMCA OF GREATER BUFFALO TO HANG
Commissioner of Permit & Inspections Services be, and he BANNER ON PORTER AVENUE
hereby is authorized to grant a Used Car Dealer license to Whereas: The Delaware Family YMCA requests
William Putman, Jr., d/b/a Daytona Automotive Group, permission to hang a banner on Porter Avenue near Niagara
located at 272 Grant Street. Street (poles 284 and 285) to raise community awareness of
Conditions D'Youville College's new summer day camp; and
A.) 5 Car Limit Whereas: This banner will hang through May 2004 until the
B.) Only Vehicles displayed for sale on lot. end of July 2004; and
Whereas: The City of Buffalo proudly supports the YMCA of Notwithstanding the foregoing, nothing herein is intended to
Greater Buffalo, D'Youville College, and the summer day limit the usual and customary operations of "sidewalk caf6s"
camp at D'Youville College; as defined in Section 41359 of the Code of the City of
and Buffalo; and
Now, Therefore Be It Resolved: Be It Further Resolved That:
That the City of Buffalo hereby permits the Delaware Family Radio and television broadcasts from remote broadcast units
YMCA to hang a banner on Porter Avenue near Niagara located outside of a building normally occupied by a radio or
Street from May 2004 to the end of July 2004 to television station may be permitted within the events area by
commemorate a new summer day camp at D'Youville the event sponsor. No such remote broadcasts or telecasts
College, in accordance with all conditions, restrictions, and shall be permitted on the public streets or out-of-doors on
requirements as set forth by the City of Buffalo and the adjacent private property without the permission of the event
Department of Public Works, Parks and Streets. sponsor. In no case shall any radio or television station
PASSED employ blaring loudspeakers or conduct giveaways, sale of
AYES - 9 NOES – 0 merchandise, contests, displays or other promotional
activities beyond what is broadcast or telecast over their
NO. 93 airwaves in the public street or out-of doors on adjacent
BY: MR. DAVIS private property during the hours of the event; and
47TH ANNUAL ALLENTOWN OUTDOOR ART FESTIVAL Be It Finally Resolved:
Whereas: The Allentown Village Society, Inc. ("AVS"), has Unauthorized participants. The AVS shall provide all
requested permission to conduct its 47th Annual Allentown participants with suitable identification showing each as an
Outdoor Art Festival on the weekend of June 12th and 13th, authorized participant in the event. Except as herein above
2004, and provided, there shall be no other participants within the
Whereas: The Special Events Advisory Committee, events area during the event whether on public streets or
established pursuant to Chapter 414, Special Events, will out-of-doors on adjacent private property, including
meet to consider the application of AVS to hold the said 47thexhibitors, concessionaires, vendors, performers,
Annual Allentown Outdoor Art Festival; and promotional activities, fund raising activities, displays of
Now, Therefore, Be it Resolved That: goods or otherwise. Street performers, buskers or similar
Subject to the additional conditions to be established by the performers or performances shall not be permitted within the
Special Events Advisory Committee and those stated herein, events area. All temporary inflatable devices used to
the AVS be and it hereby is granted permission to conduct advertise or direct attention to a business, service, product
the 47th Annual Allentown Outdoor Art Festival on the or activity shall also be excluded from the events area.
weekend of June 12th and 13th, 2004, between the hours of The property of Chameleon West Studios at 5 10 Franklin
11:00 A.M. and 6:00 P.M. on those days; within the events Street shall not be subject to the foregoing provisions,
area bounded by Summer Street on the north, Elmwood provided, however, that its "Chameleon West Festival" shall
Avenue and South Elmwood Avenue (east side) on the west, be limited to that property and conducted as authorized by
Tracy Street (extended easterly) on the south, and Main the Common Council in 2003.
Street (west side) on the east; and PASSED
Be It Further Resolved That: AYES - 9 NOES - 0
Participants within the events area, whether on the public
streets or out-of-doors on adjacent private property, will be NO. 94
limited as follows: BY: MR. FONTANA
1 . Art or craft exhibitors may be located within the events COUNTY LEASE/MAINTENANCE AGREEMENT OF
area on the following streets only: Delaware Avenue CITY-OWNED PARKS & RECREATION CENTERS
between North Street and Tupper Street (east and west Whereas: The budget constraints that the City of Buffalo is
sides); Franklin Street between Allen Street and Virginia currently facing have resulted in negotiations with Erie
Street (east and west sides); Allen Street from Elmwood County to perform certain functions previously preformed by
Avenue to Franklin Street (north or south sides); Virginia the City at a reduced expense to City taxpayers; and,
Street between Elmwood Avenue and Franklin Street (north Whereas: One such proposal calls for the City of Buffalo to
or south sides); and Edward Street between Elmwood turnover all of its park land, as well as the maintenance and
Avenue and Delaware Avenue (south side only). operation functions that it currently perforius for the parks, to
Only art and craft exhibitors selected through the AVS the County government for $1.; and,
application and selection process shall be permitted. The Whereas: In an effort to address concerns over the land
AVS will select no more than 465 art and craft exhibitors, transfer, officials from the City and County have met to
excluding therefrom the exhibition or sale of so-called discuss a long-term lease arrangement that would allow the
"pseudo" art and exhibits of a strictly commercial nature. City to retain ownership of its valuable park land; and,
2. Food concessionaires and vendors will be located within Whereas: A long-term lease agreement will allow the City to
the boundaries of the Festival and according to police and realize savings in park operations, retain ownership of
fire departments' recommendations. Such participant valuable park land, and it will protect current Parks
concessionaires shall be responsible concessionaires to be Department Employees from lay-offs; and,
selected by the AVS. Consistent with AVS procedure, the Now, Therefore, Be It Resolved:
AVS will solicit food and beverage concessionaries and That the Common Council of Buffalo memorializes the State
vendors from businesses or persons within the area of the of New York to support a county-city lease maintenance
Allentown Art Festival as described in the first resolved agreement covering all city-owned parks and play areas.
clause above, reserving for them some of the concessions. Be It Further Resolved:
The AVS That a certified copy of this resolution be sent to the New
may select and designate a single vendor employing a York State Assembly, the New York State Senate, the
reasonable number of persons to vend balloons in the Governor, the County Executive, the County Legislature, and
events area. The AVS may also select and designate a the Mayor.
single vendor to produce and sell Art Festival T-shirts, Mr. Fontana made a motion to adopt said resolution
sweatshirts or similar merchandise within the deemed seconded by Mr. Griffin
concession areas. All participant concessionaires and LOST
endors re required to comply with all otherwise applicable AYES – FONTANA, GOLOMBEK, GRIFFIN, RUSSELL – 4
licensing and health requirements. NOES – BONIFACIO, COPPOLA, DAVIS, FRANCZYK,
THOMPSON – 5
employees that may be effected by this proposed
NO. 95 agreement; and,
SPONSOR: MR. FRANCZYK WHEREAS: Notwithstanding numerous unresolved details
CO-SPONSORS: MESSERS COPPOLA& GOLOMBEK regarding any proposed merger, consolidation, transfer or
NAME MILLARD/ GATES RAMP AFTER HENRY J. lease agreement requiring final Common Council approval,
OSINSKI the Common Council supports New York State enabling
WHEREAS: The Board of Parking operates the parking legislation that gives the City of Buffalo the ability to accept
ramp near Gates Circle at Millard Fillmore Hospital; and, or reject such proposals;
WHEREAS: It is appropriate to name the hospital ramp after NOW THEREFORE BE IT RESOLVED:
Henry J. Osinski of 175 Parkside Avenue, Buffalo; and, That the Common Council memorializes the New York State
WHEREAS: Henry J. Osinski has served the City of Buffalo Legislature to approve enabling legislation allowing the
in innumerable capacities for many decades, including years transfer or lease of City of Buffalo parkland to the County of
prior to the Second World War; and, Erie, subject to final Common Council approval.
WHEREAS: Since 1992 Mr. Osinski has ably served as Mr. Coppola made a motion to adopt said resolution,
Chairman of the Buffalo Board of Parking and has also seconded by Mr. Bonifacio.
served for many years on the Buffalo Assessment Review ADOPTED
Board; and, AYES – BONIFACIO, COPPOLA, FRANCZYK,
WHERAS: Mr. Osinski has been friend and confidant to GOLOMBEK, RUSSELL – 5
Presidents, Popes and Mayors over the years. He was NOES – DAVIS, FONTANA, GRIFFIN, THOMPSON – 4
appointed by President Franklin D. Roosevelt to serve as
Chairman of the Western New York National Youth NO. 97
Administration in 1936 and he was later tapped as Chief of SPONSORS: MESSERS FRANCZYK &FONTANA
Mission of the American Relief Program for Poland in 1945. APPOINT CHET M. SOBOTKA TO CITIZENS PLANNING
As American Liaison of the United Nations Relief Agency COUNCIL
and Chairman of Foreign Voluntary Relief Agencies, he WHEREAS: The Common Council has five appointments
administered over $175 million in aid funds. He also worked to the Citizens Planning Council, with two current vacancies;
closely with David Dubinsky, Chairman of the International NOW THERFORE BE IT RESOLVED:
Labor Relief Committee and founder of the New York State That per Section 18-24 of the City Charter, the Common
Liberal Party, to release Jews and Christians incarcerated in Council appoints Chet M. Sobotka of 94 Pontiac Street,
Nazi concentration camps; and, Buffalo, N.Y. to the Citizens Planning Council.
WHEREAS: A graduate of Canisius College and Fordham RESUME ON FILE IN CLERK’S OFFICE
University, Mr. Osinski was employed by New York State as REFERRED TO THE COMMITTEE ON LEGISLATION
a Senior Social Worker in the 1930's and he eventually rose
to the position of Senior Vice President of M&T Bank from NO. 98
1950 to 1976; and, SPONSOR: MR. GOLOMBEK
WHEREAS: Mr. Osinski has served on dozens of civic, DIRECTING THE CORPORATION COUNSEL TO FILE A
social and political organizations, including board member of RESTRAINING ORDER IMMEDIATELY TO PREVENT THE
the Buffalo Urban League in the 1960's; Charter Member of SALE OF THE SMALL BOAT HARBOR BY THE
the Canisius, College Board of Regents; Founding Member NFTA
of Villa Maria College, chairing the Building Committee which WHEREAS: The Common Council believes that the City
raised $1.9-million; Representative of President Richard of Buffalo still maintains title and reversionary rights to the
Nixon at Opening of U.S. Trade Information Center in Municipal Piers and the Small Boat Harbor; and
Warsaw, Poland; evaluator of Peace Corps programs in WHEREAS: The Common Council has gone on record
Africa, South America and Puerto Rico, and many other previously in support of returning waterfront land now under
activities; and, the control of the Niagara Frontier Transportation Authority
WHEREAS: Mr. Osinski is also a devout Roman Catholic (NFTA) to the City of Buffalo; and
who was knighted a Knight of St. Gregory by Pope Paul VI WHEREAS: The Common Council passed a Resolution on
and he also received the Brotherhood Award from the April 13th directing the Corporation Counsel to commence
Conference of Christians and Jews. He was awarded the legal action in New York State Supreme Court to
"Polonia Restituta" award, Poland's highest medal, by substantiate city ownership of waterfront land now under the
President Lech Walesa in 1984; jurisdiction, control, possession and supervision of the
NOW THEREFORE BE IT RESOLVED: NFTA; and
That the Common Council, in recognition of his more than WHEREAS: Upon information and belief the NFTA has a
seven decades of service to the City of Buffalo and her target closing date of May 15th whereby the NFTA will
citizens, supports the naming of Millard Fillmore/Gates Circle receive $4 million from the State of New York for the sale of
Hospital Ramp the Henry J. Osinski Parking Ramp. 80 acres of waterfront land which includes the Small Boat
REFERRED TO THE COMMITTEE ON LEGISLATION Harbor; and
WHEREAS: The NFTA received jurisdiction, control,
NO. 96 possession and supervision of the Small Boat Harbor for free
SPONSORS: FRANCZYK & GOLOMBEK and now they are making a profit on land still owned by the
CO-SPONSORS: BONIFACIO &RUSSELL City of Buffalo; and
MEMORIALIZE NYS LEGISLATURE TO APPROVE WHEREAS: The City of Buffalo still maintains title to the
ENABLING LEGISLATION FOR CITY PARKS Small Boat Harbor and in order to preserve the city's legal
WHEREAS: The Mayor has proposed eliminating funding rights it is necessary to file a restraining order immediately in
for all city parks functions, including maintenance, capital New York State Supreme Court to prevent the sale of the
improvements and recreational activities in his 2004-05 Small Boat Harbor.
budget; and, Now Therefore Be It Resolved:
WHEREAS: The County of Erie has expressed its That the Common Council directs the Corporation Counsel
willingness to take over and provide for all functions related to file a restraining order or other legal action in New York
to the maintenance and improvement of all city parks, State Supreme Court to stop the sale of the Small Boat
playgrounds, and recreational facilities; and, Harbor by May 15th.
WHEREAS: The County further expressed a binding PASSED
commitment to provide guaranteed county employment to all AYES - 9 NOES - 0
current full-time City of Buffalo Parks and Recreational
NO. 99
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are
held in the Common Council Chambers, IP floor City Hall,
Buffalo, New York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, May 18, 2004 at 9:30
o'clock A.M.
Committee on Finance Tuesday, May 18, 2004 at 10:00
o'clock A.M.
following Civil Service
Committee on Comm. Dev. Tuesday, May 18, 2004 at 1:00
o'clock P.M.
Committee on Legislation Tuesday, May 18, 2004 at 2:00
o'clock P.M.
Public Disclaimer): All meetings are subject to change and
cancellation by the respective Chairmen of Council
Committees. In the event that there is sufficient time given
for notification, it will be provided. In addition, there m" be
meetings set up whereby the City Clerk's Office is not made
aware; therefore, unless we receive notice from the
respective Chairmen, we can only make notification of what
we are made aware..
NO. 100
ADJOURNMENT
On a motion by Mr. Coppola, Seconded by Mr Fontana,
the Council adjourned at 4:10 pm
CHARLES L. MICHAUX, III
CITY CLERK