HomeMy WebLinkAbout04-0413
No.8
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
APRIL 13, 2004
BOARD OF EDUCATION: Antonie Thompson,
Chairman, Richard Fontana, David Franczyk, Bonnie Russell –
MAYOR members
Hon. Anthony M. Masiello
RULES COMMITTEE: David Franczyk Chairman,
ACTING COMPTROLLER Bonnie Russell, Marc Coppola – Members
Andrew Sanfilippo
FRUITBELT COMMITTEE : Brian Davis Chairman
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
David A. Franczyk
PRESIDENT PRO TEMPORE
Bonnie E. Russell
MAJORITY LEADER
Marc A. Coppola
DISTRICT COUNCIL MEMBERS
MARC A. COPPOLA - DELAWARE
BRIAN C. DAVIS - ELLICOTT
DAVID A. FRANCZYK - FILLMORE
RICHARD A. FONTANA - LOVEJOY
ANTOINE M. THOMPSON - MASTEN
DOMINIC BONIFACIO - NIAGARA
JOSEPH GOLOMBEK JR. - NORTH
JAMES GRIFFIN - SOUTH
BONNIE RUSSELL - UNIVERSITY
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Bonnie Russell,
Chairman, Richard Fontana, Joseph Golombek, Antoine
Thompson-Members
CLAIMS COMMITTEE: James Griffin, Chairman,
Richard Fontana, Joseph Golombek, Antoine Thompson-
Members
COMMUNITY DEVELOPMENT COMMITTEE: Joseph
Golombek Jr Chairman, Dominic J. Bonifacio, Bonnie Russell,
Antoine Thompson -Members
FINANCE COMMITTEE: Brian C. Davis, Chairman,
Dominic J. Bonifacio, Marc Coppola, James Griffin -Members.
LEGISLATION COMMITTEE: Richard A. Fontana,
Chairman, Dominic J. Bonifacio Jr., Marc Coppola, Bonnie
Russell - Members
RULES COMMITTEE: David A. Franczyk, Chairman
Marc Coppola, Bonnie Russell, Members
EDUCATION COMMITTEE: David A. Franczyk
Chairman, Marc Coppola, Bonnie Russell - Members
SPECIAL COMMITTEES
BUDGET COMMITTEE: Dominic J. Bonifacio Jr,
Chairman, Marc Coppola, Brian Davis, Joseph Golombek Jr.-
Member
MBEC: Antoine Thompson Chairman, Brian Davis,
James Griffin – members
CORPORATION PROCEEDINGS
proposed restaurant is considered an unlisted action which may be
studied through an uncoordinated review.
COMMON COUNCIL The Planning Board voted to recommend approval of the proposed
CITY HALL - BUFFALO restaurant and has also reviewed and approved the design and site plan
TUESDAY, APRIL 13, 2004 of this structure.
AT 2:00 P.M. RECEIVED AND FILED
PRESENT – President Franczyk, and Council Members NO. 4
Bonifacio, Coppola, Davis, Fontana, Golombek, Griffin, Russell and NORTH END TRATTORIA 1456 HERTEL AVE. SIDEWALK CAFE
Thompson - 9 ITEM NO. 68, C.C.P. 3/16/2004
The City Planning Board at its regular meeting held Tuesday, April 6,
ABSENT – 0 2004, considered the matter captioned above pursuant to Section 413-59
and 511-59 of the Buffalo Code, Sidewalk cafes and Hertel Avenue
On a motion by Mr. Coppola , seconded by Ms. Russell, the District, respectively.
minutes of the stated meeting held on March 30, 2004 were approved. The applicant seeks to place a sidewalk a 281x101611 caf6 along the
frontage of 1456 Hertel Avenue. Under SEQR the proposed sidewalk cafe
FROM THE MAYOR - EXECUTIVE DEPARTMENT is considered an unlisted action which may be studied through
FROM THE OFFICE OF CITIZEN SERVICES uncoordinated review.
The Planning Board voted to recommend approval of the sidewalk caf6
NO. 1 with the following conditions:
MONTHLY REPORT FROM THE DIVISION OF 1. No outside music is allowed
CITIZEN SERVICES -MARCH 2004 2. Closing at 11 p.m.
Dear Members of the Buffalo Common Council: 3. The operator of the restaurant is responsible for cleanup of any
Attached for your review is the following: (1) Chart of service calls for garbage that is generated as a result of the sidewalk cafe usage.
March 2004, (2) A chart of service calls for March 2003, and (3) A chart RECEIVED AND FILED
plotting the number of calls by month (service & information) for 2003.
As you will notice, service calls start increasing with warmer weather, NO. 5
when residents start their spring cleaning projects. ELLICOTT GROUP
Increases in March 2004 service calls for inspection requests and pick up 295 MAIN ST.
of refrigerators are normal. AWNING
What isn't normal, is the increase in broken and stolen totes. Public ITEM NO. 31, C.C.P. 3/30/2004
Works, Division of Streets and Sanitation, is closely monitoring the broken The City Planning Board at its regular meeting held Tuesday, April 8,
and stolen tote calls and the council will be notified of their findings. 2004, considered the matter captioned above pursuant to Section 413-56
On the positive side of the March 2004 calls, is the reductions in calls for of the Buffalo Code, Awnings, canopies and marquees.
garbage and recycle complaints, as well as, a reduction in the number of The applicant seeks to encroach the right-of-way with a 1611x4l
abandoned cars. entranceway awning at 295 Main Street. Under SEQR the proposed
As always, I hope that you find this information helpful. awning is considered an unlisted action which may be studied through
Sincerely, uncoordinated review.
REFERRED TO THE COMMITTEE ON FINANCE The Planning Board voted to recommend approval of the awning with the
conditions set forth by the Preservation Board which are that the awning
FROM THE CITY PLANNING BOARD is nonilluminated, barrel style vinyl with gold graphics without corner
pieces and located 4" away from the face of the existing transom on the
NO. 2 Washington Street entrance of the building utilizing 4 black posts.
GABEL'S RESTAURANT RECEIVED AND FILED
1281 HERTEL AVE.
SIDEWALK CAF6 EXPANSION NO. 6
ITEM NO. 65, C.C.P. 3/30/2004 ELLICOTT GROUP
The City Planning Board at its regular meeting held Tuesday, April 6, 283-295 MAIN ST.
2004, considered the matter captioned above pursuant to Section 413-59 ITEM NO. 71, C.C.P. 3/16/2004
and 511-59 of the Buffalo Code, Sidewalk cafes and Hertel Avenue The City Planning Board at its regular meeting held Tuesday, April 8,
District, respectively. 2004, considered the matter captioned above pursuant to Section 413-67
The applicant seeks to expand an existing sidewalk caf6 at 1281 Hertel and Section 51163 of the Buffalo Code, Encroachment regulations and
Ave. with 251x111 of additional sidewalk caf6 space along the Hertel the Sign Overlay District, respectively.
Street frontage. Under SEQR the proposed sidewalk cafe is considered The applicant seeks to encroach the right-of-way with a 1116"x9110"1x21
an unlisted action which may be studied through uncoordinated review. illuminated projecting sign and various lettering on the fagade of the
The Planning Board voted to recommend approval of the sidewalk cafe building face located at 283-295 Main Street. Under SEQR the proposed
addition with the following conditions: signage is considered an unlisted action which may be studied through
1. No outside music is allowed uncoordinated review.
2. Closing at 11 p.m. The Planning Board voted to recommend approval of the signage with the
3. The operator of the restaurant is responsible for clean-up of any conditions set forth by the Preservation Board which are the following:
garbage that is generated as a result of the sidewalk caf`6 usage. 1. Installation of a 141x9l, internally illuminated (white lettering only),
RECEIVED AND FILED double-sided projecting sign with two support brackets painted gray to
match the sign cabinet, located between the two horizontal cornices at the
NO. 3 3 rd floor level on the west fagade near the northwest corner of the
N. KOSTRIDES structure.
1435 HERTEL AVE. 2. Install two sets of surface mounted horizontal, non-illuminated signs,
TWO STORY RESTAURANT 2118"l.x1811h. black aluminum pin lettering to be located within the
ITEM NO. 66, C.C.P. 3/16/2004 cornices above the 2d floor level on So. Division Street at main Street and
The City Planning Board at its regular meeting held Tuesday, April 6, on Swan Street at Washington Street extending no further than the
2004, considered the matter captioned above pursuant to Section 511-59 storefront edge.
of the Buffalo Code, Hertel Avenue District. 3. Install one set of 917.5111.x811h., non-illuminated black pin lettering
The applicant seeks to construct a two story restaurant that will occupy above the west entrance (Main Street) of the bank.
the entire parcel located at 1435 Hertel Avenue. Under SEQR the RECEIVED AND FILED
The rental will remain at Two Hundred Dollars ($200.00) per month all
FROM THE OFFICE OF STRATEGIC PLANNING other terms and conditions of said lease shall remain the same.
This office recommends that Your Honorable Body renew their present
NO. 7 lease agreement for an additional one-(1) year period commencing April
'LAND USE 24, 2004 and expiring on April 23, 2005. 1 am further recommending that
OAK SCHOOL LOFTS HOUSING DEVELOPMENT Your Honorable Body authorize the Corporation Counsel to prepare the
SEQR LEAD AGENCY DESIGNATION necessary documents to renew said lease and that the Mayor be
Please be advised, prior to the implementation of the above-referenced authorized to execute the same.
project the requirements of the New York State Environmental Quality Mr. Coppola Moved:
Review Act (SEQR) must be satisfied. That the above communication from the Office of Strategic Planning
The project, as defined under SEQR, is a Type I Action for which a dated April 5, 2004, be received and filed; and
coordinated review will be undertaken. As per Section 617.6 of the That the Director of Strategic Planning be, and he hereby is authorized to
regulations, a Lead Agency responsible for determining the effect of the renew the lease between the City and Endless Enterprises d/b/a Gothic
action on the environment must be designated from the involved agencies City for use of 1932 Niagara Street (former Jubilee Center) for an
within 30 calendar days from the date of this letter. The Buffalo Urban additional one (1) year term commencing on April 24, 2004 and expiring
Renewal Agency (BURA) proposes to assume Lead Agency status for on April 23, 2005. That the Corporation Counsel be authorized to prepare
this project and respectfully requests the Common Council's consent to the necessary renewal lease and that the Mayor be authorized to execute
this designation. The project Environmental Assessment Form is the same.
enclosed for your review. Please respond to this request as soon as PASSED
practicable. Thank you. AYES - 9 NOES - 0
Mr. Coppola moved:
That the above communication from the Office of Strategic Planning NO. 10
dated April 5, 2004, be received and filed; and RESPONSE TO TYSON FOOD EXPANSION - FILLMORE
That pursuant to 6 NYCRR Part 617, the Buffalo Urban Renewal Agency ITEM NO. 34, C.C.P. 3/16.04
is hereby designated Lead Agency for the Oak Street Lofts Housing This is in response to Item No. 34, C.C. 3/16/04, which is an item that
Development. the Department of Public Works, Parks & Streets submitted in reference
PASSED to Tyson Retail Deli, Inc. requesting to utilize a portion of Perry Street.
AYES - 9 NOES - 0 Tyson Food has indicated that they have renovated their meat processing
facility on Perry Street and expect to increase their labor force. They have
NO. 8 limited parking and are in need of increasing their parking lot to
'LAND USE accommodate the increase in employee parking. This part of Perry Street
ST. JOHN BAPTIST HOSPICE HOUSE CONSTRUCTION SEQR LEAD dead-ends at their plant and they would like to convert part of it into a
AGENCY DESIGNATION parking lot, starting just west of the last business on the opposite side of
Please be advised, prior to the implementation of the above-referenced the street. They would convert 320' of Perry Street, adjacent to the
project the requirements of the New York State Environmental Quality railroad tracks and front of their building into about 280 parking spaces.
Review Act (SEQR) must be satisfied. The property cannot be sold due to underground utilities.
The project, as defined under SEQR, is an Unlisted Action for which a The City may lease or give a license to use any real property or portion
coordinated review will be undertaken. As per Section 617.6 of the thereof providing Your Honorable Body authorizes it in accordance with
regulations, a Lead Agency responsible for determining the effect of the Section 27-8 of the City Charter.
action on the environment must be designated from the involved agencies This office is waiting for responses from the City Planning Board, Buffalo
within 30 calendar days from the date of this letter. The Buffalo Urban Sewer, Police, Fire and the Land Use Planning Committee to determine if
Renewal Agency (BURA) proposes to assume Lead Agency status for there are any objections and or conditions. (The Department of Public
this project and respectfully requests the Common Council's consent to Works, Parks & Streets has already indicated what their conditions would
this designation. The project Environmental Assessment Form is be in Item No. 34, C.C.P. 3/16/04.)
enclosed for your review. Please respond to this request as soon as In the meantime, we have written to Tyson Retail Deli, Inc. advising them
practicable. Thank you. that it will be necessary for them to commission a General Real Estate
Mr. Coppola Moved: Licensed Appraiser to determine a fair rental value for the property.
That the above communication from the Office of Strategic Planning RECEIVED AND FILED
dated April 5, 2004, be received and filed; and
That pursuant to 6 NYCRR Part 617, the Buffalo Urban Renewal Agency NO. 11
is hereby designated Lead Agency for the St. John Baptist Hospice RESULTS OF NEGOTIATIONS
House Construction. 300 GOODYEAR, 146.48'N WALDEN
PASSED LOT SIZE: 30' X 110'
AYES - 9 NOES - 0 ASSESSED VALUATION: $2,600
The Office of Strategic Planning, Division of Real Estate has received a
NO. 9 request to purchase 300 Goodyear Avenue from Mr. Norman J.
RENEW LEASE AGREEMENT BETWEEN THE CITY OF BUFFALO Gunterman and Mrs. Joanne Gunterman, 302 Goodyear Street, Buffalo,
AND New York 14211. Mr. and Mrs. Gunterman own and reside at 302
ENDLESS ENTERPRISES D/B/A GOTHIC CITY FOR USE OF Goodyear Avenue and intend to use 300 Goodyear Avenue for additional
1932 NIAGARA (FORMER JUBILEE CENTER) yard space.
NORTH DISTRICT The Division of Permit and Inspection Services and the Division of
ITEM NO. 7, C.C.P. APRIL 15, 2003 Collections have no objections to the sale. There are no building code
Pursuant to Item No. 7, C.C.P. 4/15/03, Your Honorable Body violations, taxes or other liens owed to the City by the purchaser.
authorized a one (1) year lease between the City of Buffalo and Endless The Division of Real Estate has investigated the sale of similar residential
Enterprises d/b/a Gothic City for use of 1932 Niagara Street (former vacant lot properties in the subject area. Sale prices range from thirty
Jubilee Center). This lease is for the period of April 24, 2003 through April cents (.30) to fifty cents (.50), per square foot.
23, 2004. The results of our negotiations are that Mr. and Mrs. Gunterman are
The Office of Strategic Planning, Division of Real Estate, has received a prepared to pay one thousand dollars ($1,000), thirty cents (.30) per
request from Charles Leone requesting to renew their current lease square foot, for the subject property. Mr. and Mrs. Gunterman have also
agreement for one additional year with the option to purchase the agreed to pay for the cost of the transfer tax, recording fees and cost of
premises during the term of this lease. He is in the process of obtaining the legal description.
financing to purchase this property. I am recommending that Your Honorable Body approve the sale of 300
Goodyear Avenue to Mr. and Mrs. Gunterman in the amount of one
thousand dollars ($1,000). 1 am further recommending that the TRANSFER OF TITLE
Corporation Counsel prepare the necessary documents for the transfer of URBAN HOMESTEAD PROGRAM
title and that the Mayor be authorized to execute the same. 109 CUSTER, 1091.80'W MAIN
Mr. Coppola Moved: LOT SIZE: 32' X 111'
That the above communication from the Office of Strategic Planning, 111 CUSTER, 1123.80' W MAIN
Division of Real Estate, dated April 6, 2004, be received and filed; and LOT SIZE: 28' X 111'
That the offer from Mr. Norman J. Gunternan and Mrs. Joanne 113 CUSTER, 1151.80' W MAIN
Gunterinan, residing at 3 02 Goodyear Avenue, in the sum of one LOT SIZE: 35' X IRREGULAR,
thousand dollars ($ 1,000.00) for the purchase of 300 Goodyear Avenue, 11 1'E,82' REAR, EXC RAILROAD LAND
be and hereby is accepted; and The Office of Strategic Planning, Division of Real Estate, has surveyed
That the appraisal requested by the City of Buffalo shall be paid by the the above referenced City-owned vacant lots. These parcels are not
purchaser; and needed for any public purpose.
That the transfer tax, recording fees and cost of legal description shall be Mr. Roberto Becerril, Jr. residing at 128 West Northrup Street, Buffalo,
paid by the purchaser; and New York 14214 has requested to homestead these City lots, which are
That the Corporation Counsel be authorized to prepare the necessary adjoining to his property.
documents for the transfer of title and that the Mayor be authorized to The Department of Permit and Inspection Services and the Division of
execute the same, in accordance with the terms of sale upon which the Collections have been contacted. There are no property code violations,
offer was submitted. taxes or other liens owed to the City of Buffalo by the homesteader.
PASSED We, therefore, recommend the City-owned vacant lots at 109, 111, and
AYES - 9 NOES - 0 113 Custer Street be designated as Homestead Properties and be
transferred to Mr. Roberto Becerril on the condition the properties are
NO. 12 cleaned and improved within six (6) months and maintained in a sanitary
RESULTS OF NEGOTIATIONS manner.
69 LEROY, 640'E MAIN Mr. Coppola Moved:
LOT SIZE: 6 1' X 110' That the above communication from the Office of Strategic Planning
ASSESSED VALUATION: $3,400 dated April 6, 2004, be received and filed; and
71 LEROY, 701'E MAIN That the city-owned properties commonly known as 109, 111 and 113
LOT SIZE: 44' X 110' Custer, are hereby designated as Homestead Properties, and that the
ASSESSED VALUATION: 2,400 Mayor be, and he hereby is authorized to execute deeds transferring said
88 EAST OAKWOOD, 814.20'E MAIN properties to Roberto Becerril, Jr., residing at 128 West Northrup Street,
LOT SIZE: 70' X 110' for the amount of One Dollar ($ 1.00) and no more, and all costs of
ASSESSED VALUATION: 3,900 transfer, on the condition the property is cleaned and improved within six
The Office of Strategic Planning, Division of Real Estate has received a (6) months and maintained in a sanitary manner.
request from Mr. Paul Mendola, Vice President of Greater Buffalo PASSED
Savings Bank, 2421 Main Street, Buffalo, New York 14214, to purchase AYES - 9 NOES - 0
the above captioned vacant lots. The Bank wishes to acquire to construct
a paved parking lot for employee and bank customers. NO. 14
The Division of Permit and Inspection Services and the Division of TRANSFER OF TITLE
Collections have no objections to the sale. There are no building code URBAN HOMESTEAD PROGRAM
violations, taxes or other liens owed to the City by the purchaser. 560 WILLIAM, (CITY OWNED-VACANT
The Division of Real Estate has investigated the sale of similar residential LOT, 27'X 113')
and commercial properties in the subject area. Sales prices range from The Office of Strategic Planning has surveyed the city-owned vacant lot
seventy-eight cents 78) to three dollars ($3.00) per square foot. at 560 William Street, Buffalo, New York, parcel is 27'x 113'in dimension;
The results of our negotiations are that we have agreed to a sales price of and it has been determined this parcel is inappropriate for either the
twenty thousand dollars ($20,000), one dollar and four cents ($1.04) per construction of new housing or needed for any public purpose.
square foot, for the subject properties. They have also agreed to pay for Arthur L. Everette residing at 554 William Street, Buffalo, New York
the cost of the transfer tax, recording fees and cost of the legal 14206 indicated he will clean, improve and maintain the lot in the event he
descriptions. obtains title to the property under the Urban Homestead Program.
I am recommending that Your Honorable Body approve the sale of 69 and The Division of Permit and Inspection Services and the Division of
71 Leroy and 88 East Oakwood Street to the Greater Buffalo Savings Collections have been contacted. There are no property code violations,
Bank in the amount of twenty thousand dollars ($20,000). 1 am further taxes or other liens owed to the City of Buffalo by the homesteader.
recommending that the Corporation Counsel prepare the necessary We, therefore, recommend the city-owned vacant lot be designated as a
documents for the transfer of title and that the Mayor be authorized to Homestead Property and be transferred to Mr. Arthur L. Everette on the
execute the same. condition the property is cleaned and improved within (6) months and
Mr. Coppola Moved: maintained in a sanitary manner.
That the above communication from the Office of Strategic Planning, Mr. Coppola moved:
Division of Real Estate, dated April 1, 2004, be received and filed; and That the above communication from the Office of Strategic Planning
That the offer from Paul Mendola, Vice President of Greater Buffalo dated April 6, 2004, be received and filed; and
Savings Bank, 2421 Main Street, in the sum of twenty thousand dollars That the city-owned property commonly known as 560 William Street, is
($20,000.00) for the purchases of 69 and 71 Leroy and 88 East hereby designated as Homestead Property, and that the Mayor be, and he
Oakwood, be and they hereby are accepted; and hereby is authorized to execute a deed transferring said property to Arthur
That the appraisal requested by the City of Buffalo shall be paid by the L. Everette, residing at 554 William Street, for the amount of One Dollar
purchaser; and ($1.00) and no more, and all costs of transfer, on the condition the
That the transfer tax, recording fees and cost of legal description shall be property is cleaned and improved within six (6) months and maintained in
paid by the purchaser; and a sanitary manner.
That the Corporation Counsel be authorized to prepare the necessary PASSED
documents for the transfer of title and that the Mayor be authorized to AYES - 9 NOES - 0
execute the same, in accordance with the terms of sale upon which the
offer was submitted. FROM THE COMPTROLLER
PASSED
AYES - 9 NOES - 0 NO. 15
AUDITED FINANCIAL STATEMENTS OF
NO. 13 BUFFALO MUNICIPAL WATER FINANCE AUTHORITY
FOR YEARS ENDED JUNE 30, 2003 approved, the City will be committed to eight hundred thousand dollars
WITH REPORT OF INDEPENDENT AUDITORS ($800,000*) in projects. Therefore, the future projects that can be
This is to advise that copies of the Audited Financial Statements and interfund loaned or included in the 2003/2004 debt issue will be limited to
Other Financial Information of the Buffalo Municipal Water Finance $27,905,00 .
Authority for the years ended June 30, 2003 with Report of Independent Bonds to be issued Fiscal Year 2003/2004 $28,705,000
Auditors, Deloitte & Touche, LLP, have been distributed to members of Approved Interfund Loans 300,000
the Buffalo Water Board, each Councilmember, the City Clerk, the Mayor, 28,405,000
the Comptroller, the Division of Accounting and the Budget Office. LESS:
This report is available as a public record for inspection by all interested Current request* 500,000*
parties. Balance available for F/Y 2003/2004
Pursuant to Section 35 of the General Municipal Law, the Common *Please be advised that once an interfund loan has been approved, the
Council of the City of Buffalo may, at its discretion, prepare a written City is committed to the total cost of the project regardless of the amount
response to the report of external audit and file such response with the advanced.
City Clerk as a public record for inspection by all interested persons, Mr. Coppola moved
REFERRED TO THE COMMITTEE ON FINANCE That the above communication from the Comptroller dated April 1, 2004,
be received and filed; and
NO. 16 That the Comptroller be, and he hereby is authorized to make an interfund
AUDITED FINANCIAL STATEMENTS OF cash loan from the General Fund to the City, Board and Enterprise Capital
BUFFALO WATER BOARD Projects Funds in the amount of $500,000 for Jefferson Avenue Library
FOR YEARS ENDED JUNE 30, 2003 AND 2002 Project - 2004. The loan will be repaid when Bond Anticipation Notes or
WITH REPORT OF INDEPENDENT AUDITORS Bonds are issued.
This is to advise that copies of the Audited Financial Statements and PASSED
Other Financial Information of the Buffalo Municipal Water Finance AYES - 9 NOES - 0
Authority for the years ended June 30, 2003 and 2002 with Report of
Independent Auditors, Deloitte & Touche, LLP, have been distributed to NO. 19
members of the Buffalo Water Board, each Councilinember, the City INTERFUND LOAN
Clerk, the Mayor, the Comptroller, the Division of Accounting and the HISTORICA SOCIETY-RECONST. STEPS
Budget Office. The City has provided interfund loans from the City General Fund to
This report is available as a public record for inspection by all interested The City, Board and Enterprise Capital Projects Funds to implement
parties. financing of the Capital Improvements Budget. This interfund loan will be
Pursuant to Section 35 of the General Municipal Law, the Common repaid when Grant money is received and deposited by the Department of
Council of the City of Buffalo may, at its discretion, prepare a written Public Works.
response to the report of external audit and file such response with the We are requesting that you approve an interfund cash loan from the
City Clerk as a public record for inspection by all interested persons. General Fund to the City's Capital Projects Fund in the amount of
REFERRED TO THE COMMITTEE ON FINANCE $700,000 against the future receipt of New York State and County of Erie
Grant awards. Total cost of the project is $1,160,857.
NO. 17 From To Account Repayment Date Total
CERTIFICATE OF NECESSITY General Capital Projects36320606June 2005 $700,000
CAPITAL BUDGET AMENDMENT Fund Fund
Authorization for Additional Capital Indebtedness Pursuant to the City's Capital Budget/Debt Management Policy, the City
Board of Education expects to receive grant funds from Erie County and New York state in
We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo, the amount of about $1,016,616 for the restoration of the south portico
Comptroller, do hereby certify, pursuant to §20-28 of the Charter, that it and steps located on the lake side of the Historical Society. Grant funds
is necessary to authorize an increase in indebtedness for Capital Projects should be received by June 2005 per the Department of Public Works. If
Program, provided by the Common Council prior to January 1, 2004 for this current request is approved, the City will be committed to seven
the ensuing fiscal year, by adding the following items: hundred thousand dollars ($700.000*) for this project.
Board of Education Grant money to be received by June 2005 $1,016,616
Capital Projects Approved Interfund Loans $1,016,616
Oil Tank Improvements $1,200,000 LESS:
Reconstruction Various Schools $3,500,000 Current request* $ 700,000*
Total $4,700,000 Balance available for FY 2003/2004 $ 316,616
Dated: Buffalo, NY, February 15, 2002 *Please be advised that once an interfund loan has been approved, the
RECEIVED AND FILED City is committed to the total cost of the project regardless of the amount
advanced.
NO. 18 Mr. Coppola Moved:
INTERFUND LOAN That the above communication from the Comptroller dated April 12,
JEFFERSON AVE. LIBRARY PROJECT -2004 2004, be received and filed; and
The City has provided interfund loans from the City General Fund to The That the Comptroller be, and he hereby is authorized to make an interfund
City, Board and Enterprise Capital Projects Funds to implement financing cash loan from the General Fund to the City, Board and Enterprise Capital
of the Capital Improvements Budget. The interfund loans are repaid when Projects Funds in the amount of $700,000 for Historical Society -
the Bond Anticipation Notes or Bonds are issued to finance these Reconstruction Steps. The loan will be repaid when Bond Anticipation
projects. Notes or Bonds are issued.
We are requesting that you approve an interfund cash loan from the PASSED
General Fund to the City's Capital Projects Fund in the amount of AYES - 9 NOES - 0
$500,000 against the 2004 City Capital Improvements Budget for the
Jefferson Ave. Library Project. The loan will be repaid when Bond NO. 20
Anticipation Notes or Bonds are issued. POLICE PAYROLL REVIEW
From To Account Repayment Date Total These are some of the graphs we developed as we reviewed payrolls
General FundCapital 37320306 May2004 $500,000 for the police department before and after the raises and on-officer car
Projects Fund changes took place.
Pursuant to the City's Capital Budget/Debt Management Policy, the City Quotes from Buffalo NEWS:
expects to issue bonds in the amount of about $28,705,000 for City Even some previous critics think the city is starting to see some savings.
Projects during the Fiscal Year 2003/2004. If this current request is "I'm cautiously optimistic," said City Comptroller Andrew A.
SanFilippo, an early skeptic of the police contract who worried last year days after the first Council meeting at which they appear on the agenda
that the short-term costs could exceed long-term savings. "There are all as an item business.
indications that overtime costs are trending, in the right direction." But That part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of
SanFiIippo stressed that it's premature to say whether the five-year pact the City of Buffalo be supplemented by repealing therefrom the following:
will financially benefit the city in the end. PERMISSIVE PARKING
But SanFilippo said the city's precarious fiscal situation must also be PERMISSIVE PARKING LOCATION
taken into account. "I have a lot of concerns about the raises and the Main Street, east side from a point 225' north of Fillmore Avenue to a
pressures they'll put on other municipal employees as the administration point 130' south of East Amherst Street
tries to balance the budget," the comptroller said. The police contract also PERIOD OF PERMISSIVE PARKING - DAILY
includes a no-layoff clause. Some are concerned that job cuts might have 2 hour parking 7:00 AM to 7:00 PM except Sunday
to be made in other divisions to pay for the police raises. This action is being taken in order to provide additional on street parking
REFERRED TO THE COMMITTEE ON BUDGET at the request of area businesses. (see next 3 serials)
NOTIFICATION SERIAL #9935
NO. 21 NO STANDING –
WATER BOARD AUDITS REPEAL ON MAIN STREET,
FROM 2000 FULL AUDIT REPORT EAST SIDE BETWEEN FILLMORE AVENUE
FROM 2002 FULL AUDIT REPORT AND EAST AMHERST STREET
ITEM NO. 11, C.C.P. 6/27/00 (MASTEN DISTRICT)
ITEM NO. 21, C.C.P. 9/3/02 NO STANDING - REPEAL
In conjunction with the latest filing on the Water Board ("Water Board In conformity with Section 49 of Chapter 479 of the Ordinances of the City
Review") we are again filing the Council forms from two previous audits. of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
Issues that were raised in these audits have continued to be a problem. action supplementing, amending, or repealing existing provisions of
The one being the need to raise rates in 2001 because of the bond Chapter 479 of the Ordinances, as stated below, to be effective forty five
indenture agreement with the trustee (cash inflows must exceed outflows days after the first Council meeting at which they appear on the agenda
by 115 %), as well as the delinquency and operational issues. as an item business.
REFERRED TO THE COMMITTEE ON FINANCE That part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of
the City of Buffalo be supplemented by repealing therefrom the following:
NO. 22 NO STANDING
WATER BOARD REVIEW PROHIBITED PORTION OF HIGHWAY
To summarize the questions, which we use as objectives for this review: Main Street, east side From Fillmore Avenue To a point 225' north
Rate increase excessive therefrom
Delinquency and collection efforts PROHIBITED PERIOD - DAILY
Operation of the system under privatization At All Times
Impact on bonds This action is being taken in order to provide additional on street parking
Capital items and condition of system at the request of area businesses. (see next previous and next 2 serials)
Excess capacity NOTIFICATION SERIAL #9936
Component of Erie County Water at a fair price INSTALL NO STANDING ON
FINDINGS MAIN STREET, EAST SIDE BETWEEN
History of water rates FILLMORE AVENUE AND EAST
Impact on bonds AMHERST STREET (MASTEN DISTRICT)
Bond Indentures: Comptroller warned of bond indenture risk and NO STANDING - INSTALL
concluded in an audit In conformity with Section 49 of Chapter 479 of the Ordinances of the City
released prior to May of 2001 that rates needed to be increased. of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
Delinquency record How did the Water Board get to this action supplementing, amending, or repealing existing provisions of
point? Chapter 479 of the Ordinances, as stated below, to be effective forty five
The delinquency information is not readily available except at a macro days after the first Council meeting at which they appear on the agenda
level (either current or delinquent). The OASIS system is the property of as an item business.
the contractor (AWS) and the gross receivables and delinquencies are That part of Subdivision 22 Section 15 of Chapter 479 of Ordinances of
increasing, but without detail reports on number of days or even years the City of Buffalo be supplemented by adding thereto the following: NO
delinquent it is difficult to know if the effort has results. In STANDING
addition there is no listing by property or by owner to determine where the PROHIBITED PORTION OF HIGHWAY
problems may be. This was pointed out during our 2002 audit report. Main Street, east side from a point 107' north of Fillmore Avenue to a
The information did exist prior to the conversion from the City's in-house point 50' north therefrom
system It has been stated that there is excess capacity in the range of PROHIBITED PERIOD
50%. Excess capacity There is excess, and it needs to be billed to a user At All Times
yet to be determined. It could be some adjacent community or directly to This action is being taken in order to provide New York State
the County. recommended "No Standing" area for visibility for a crosswalk in an area
REFERRED TO THE COMMITTEE ON FINANCE where additional on street parking is being provided at the request of area
businesses. (see previous 2 and next serial)
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND NOTIFICATION SERIAL #9937
STREETS INSTALL PERMISSIVE PARKING
ON MAIN STREET, EAST SIDE
NO. 23 BETWEEN FILLMORE AVENUE
NOTIFICATION SERIAL #9934 AND EAST AMHERST STREET
PERMISSIVE PARKING – (MASTEN DISTRICT)
REPEAL ON MAIN STREET, PERMISSIVE PARKING - INSTALL
EAST SIDE BETWEEN FILLMORE AVENUE In conformity with Section 49 of Chapter 479 of the Ordinances of the City
AND EAST AMHERST STREET (MASTEN DISTRICT) of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
PERMISSIVE PARKING - REPEAL action supplementing, amending, or repealing existing provisions of
In conformity with Section 49 of Chapter 479 of the Ordinances of the City Chapter 479 of the Ordinances, as stated below, to be effective forty five
of Buffalo, the City Engineer hereby notifies Your Honorable Body of this days after the first Council meeting at which they appear on the agenda
action supplementing, amending, or repealing existing provisions of as an item business.
Chapter 479 of the Ordinances, as stated below, to be effective forty five
That part of Subdivision 25 Section 15 of Chapter 479 of Ordinances of 971 Ransom Rd., Lancaster, NY 14086
the City of Buffalo be supplemented by adding thereto the following: E & R General Construction, Inc.$296,375.00 $319,922.50
PERMISSIVE PARKING 38 St. Davids Dr., West Seneca, NY 14224
PROHIBITED PORTION OF HIGHWAY Campobella Construction Co., Inc.$336,440.00 $359,987.50
Main Street, east side between Fillmore Avenue and a point 130' south of 3407 Delaware Ave., Suite 224, Kenmore, NY 14217
East Amherst Street *Adjusted Amount
PROHIBITED PERIOD - DAILY I hereby certify that the lowest responsible bidder for the above project is
2 hour parking 7:00 AM to 7:00 PM except Sunday P & J Construction Co., Inc. I respectfully recommend that your
(except No Parking and No Standing areas) Honorable Body authorize a contract award in the amount of $259,022.50
This action is being taken in order to provide additional on street parking ($235,475.00 Base Bid + 10% unit price increase $23,547.50 = Total
at the request of area businesses. (see previous 3 serials) Award $259,022.50). Funds for this work will be available in a future
NOTIFICATION SERIAL # 9938 Capital Project Account established in conjunction with the bond sale
INSTALL HANDICAPPED PARKING scheduled for June, 2004. The engineer's estimate for this work is
VARIOUS LOCATIONS $250,000.00.
(ELLICOTT DISTRICT) The attached is certified to be a true and correct statement of the two (2)
HANDICAPPED PARKING - INSTALL lowest bids received. Under provisions of the General Municipal Law, any
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of the bidders may withdraw his bid if an award of the contract is not
of Buffalo, the City Engineer hereby notifies Your Honorable Body of this made by May 15, 2004. Individual bid submissions are available in our
action supplementing, amending, or repealing existing provisions of office for inspection and copies are available upon request.
Chapter 479 of the Ordinances, as stated below, to be effective forty five Mr. Coppola moved:
days after the first Council meeting at which they appear on the agenda That the above communication from the Commissioner of Public Works,
as an item business. Parks and Streets dated April 1, 2004, be received and filed; and
That part of Subdivision 26 Section 15 of Chapter 479 of Ordinances of That the Commissioner of Public Works, Parks and Streets, be, and he
the City of Buffalo be supplemented by adding thereto the following: hereby is authorized to award a contract for the Replacement of Curbs &
HANDICAPPED PARKING Sidewalks - 2004, Jefferson - William to Swan Streets, to P & J
HANDICAPPED PARKING LOCATION Construction Co., Inc., the lowest responsible bidder, in the amount of
Parking Meter Number $259,022-50 ($235,475.00 Base Bid + 10% unit price increase $23,
31, 33, 84 and 86 Delaware Avenue 188, 190 Pearl Street 547.50 = Total Award $259,022.50. Funds for the project are available in
PERIOD OF HANDICAPPED PARKING Capital Project Account established in conjunction with the bond sale
At all times scheduled for June 2004.
This action is being taken in order to provide on street Handicapped PASSED
metered parking on Delaware Avenue and Pearl Street as requested by AYES - 9 NOES - 0
the New York State Unified Court System.
NOTIFICATION SERIAL # 9939 NO. 25
INSTALL STOP SIGN (ALL WAY) REPORT OF BIDS
IN DORCHESTER ROAD BUFFALO & ERIE COUNTY HISTORICAL SOCIETY
AT CLAREMONT AVENUE EXTERIOR RESTORATION
(NORTH DISTRICT) 1901 PAN-AMERICAN EXPOSITION BUILDING
STOP SIGNS - INSTALL JOB #0411
In conformity with Section 49 of Chapter 479 of the Ordinances of the City NORTH DISTRICT
of Buffalo, the City Engineer hereby notifies Your Honorable Body of this I advertised for on March 3, 2004 and received the following sealed
action supplementing, amending, or repealing existing provisions of formal bids for the Buffalo &
Chapter 479 of the Ordinances, as stated below, to be effective forty five Erie County Historical Society, Exterior Restoration, 1901 Pan-American
days after the first Council meeting at which they appear on the agenda Exposition Building, Job #0411, which were publicly opened and read on
as an item business. April 7, 2004.
That part of Subdivision 9 Section I I of Chapter 479 of Ordinances of the General Construction Base BidAlt #1 Alt #2 Alt #5 Alt #6
City of Buffalo be supplemented by adding thereto the following: STOP Landmark Construction Co., Inc.
SIGNS (ALL WAY) $ 788,500 $127,700 $27,100 $36,300 $170,299
VEHICLES ON 203 Fillmore, Tonawanda, NY
Dorchester Road Rodems Construction$ 848,200 $108,400 $25,500 $36,000 $172,000
SHALL STOP BEFORE ENTERING 3533 N Buffalo, Orchard Park, NY
Claremont Avenue Summit Construction $ 890,000 $112,000 $29,000 $39,000 $165,000
RECEIVED AND FILED 6 Lancaster Pkwy, Lancaster, NY
BRID, Inc. $ 924,000 $122,000 $27,000 $37,500 $160,000
NO. 24 82 Pearl, Buffalo, NY
REPORT OF BIDS Tribal Construction $1,014,000 $160,000 $27,500 $40,000 $196,000
REPLACEMENT OF CURBS & SIDEWALKS - 2004 162 Sweeney, N. Tonawanda, NY
JEFFERSON - WILLIAM TO SWAN, GR. 4621 C. Nichter, Inc. $1,050,000 $113,800 $29,200 $40,000 $192,600
P & J CONSTRUCTION CO., INC. 30 Wildwood, Lancaster, NY
ITEM #126, C.C.P. 3/3/98 Savarino Construction$1,158,000 $163,000 $ 7,000 $49,000 $199,000
This is to advise your Honorable Body that I have advertised and 6400 Sheridan, Williamsville, NY
received bids on March 31, 2004 for the Replacement of Curbs & The Hadala Corp. $1,315,000 $140,000 $30,500 $42,000 $250,000
Sidewalks - 2004, Jefferson Avenue - William to Swan, Gr. #621. 325 Grote, Buffalo, NY
In obtaining bids for the above project, I have asked for bids on a unit Alternate #1 - Add interior finishes in rooms B-2, B-3, B-4, B-5 and B-6
price covering the various items of work and material, which will be Electrical Contract
performed. The final cost of the work "I be based on the actual measured Tunney Electric $9,870
quantities of materials entering into the work and may be either more or 8565 Roll, Clarence Ctr, NY
less than the total bid. Metro Electrical $14,584
The following bids were received: 100 Atlantic, Buffalo,
Base Bid Unit Price Increase Deltex Electric, Inc.$ 15,202
P & J Construction Co., Inc. $235,475.00 $259,022.50 220 Elk, Buffalo, NY
709 Pleasant View Drive, Lancaster, NY 14086 Weydman Electric $ 16,988
C & C Contractors, Inc. $250,675.00* $274,222.50 747 Young, Tonawanda, NY
O'Connell Electric $17,999 That the above communication from the Commissioner of Public
Lancaster, NY Works, Parks and Streets dated March 29, 2004, be received and
Frey Electric $32,000 filed; and
100 Pearce, Tonawanda, NY That the Commissioner of Public Works, Parks and Streets be, and he
Plumbing Work Base Bid Alt #3 Alt #4 hereby is authorized to issue change order No. 1, an increase in the
MKS Plumbing $32,222 $23,232 $18,270 amount of $690.93, as more fully described in the above communication,
19 Ransier, West Seneca, NY for work relating Replacement/Removal of Traffic Signals on Richmond
A. Gareleck & Sons $37,500 $30,100 $28,200 Avenue and the Construction of Roundabouts at Symphony Circle and
125 Arthur, Buffalo, NY Ferry Street, Contract #92010539.
W. C. Roberson $41,800 $21,200 -0 PASSED
602 E Delavan, Buffalo, NY AYES - 9 NOES - 0
D V Brown & Associates $57,450 $52,200 $38,123
567 Vickers, Tonawanda, NY NO. 27
HVAC/Mechanical Work Base Bid CHANGE IN CONTRACT
D V Brown & Associates $7,094 CITY HALL ELEVATOR MODERNIZATION - LOW RISE
567 Vickers, Tonawanda, NY JOB #0326
W. C. Roberson $7,400 ELLICOTT DISTRICT
602 E Delavan, Buffalo, NY I hereby submit to Your Honorable Body the following changes for City
I hereby certify that the foregoing is a true and correct statement of all Hall, Elevator Modernization, Low Rise, CIR Electric, C #92010805.
bids received and that the following are the lowest responsible bidders in 1. Deduct to route new power feeds (8) within the PE8
accordance with the plans and specifications: elevator shaft. Deduct $6,800.00
General Construction: Landmark Construction, with a Base Bid of The foregoing change results in a net decrease in the contract of Six
$788,500, add Alternate #1 for $127,700, for a total amount of Thousand Eight Hundred and and 00/100 Dollars (-$6,800.00).
$916,200.00. Electrical Contract: Tunney Electric in the amount of Summary Current Contract Amount $ 367,500.00
$9,870.00. Plumbing Contract: MKS Plumbing in the amount of Amount of This Change Order (#1)Deduct $ 6,800.00
$32,222.00. HVAC/Mechanical Contract: D. V. Brown & Associates in the Revised Contract Amount $ 360,700.00
amount of$7,094.00. Costs have been reviewed by the Consulting Architect (DiDonato
The total bid price is Nine Hundred Sixty Five Thousand Three Hundred Associates) and the Department of Public Works, Parks & Streets and
Eighty Six and 00/100 Dollars ($965,386.00). were found to be fair and equitable. Funds for this work are to be credited
I recommend that Your Honorable Body authorize the to 36322206 445100 - Division of Buildings.
Commissioner of Public Works, Parks & Streets to order the work I request that Your Honorable Body authorize the Commissioner of Public
on the basis of the low bids. Funding for this project is being Works, Parks & Streets to issue a change order to the contractor as set
provided by Erie County, New York State Office of Parks, forth above.
Recreation & Historic Preservation, New York State Office of Mr. Coppola Moved:
General Services, United States Save America's Treasures, and That the above communication from the Commissioner of Public
Division of Buildings 30040106-445100 and 36320606-445100. Works, Parks and Streets dated March 30, 2004, be received and
Mr. Coppola Moved: filed; and
That the above communication from the Commissioner of Public That the Commissioner of Public Works, Parks and Streets be, and he
Works, Parks and Streets dated April 7, 2004, be received and filed; hereby is authorized to issue change order No. 1, to CIR Electric, a
and decrease in the amount of $6,800.00, as more fully described in the above
That the Commissioner of Public Works, Parks and Streets, be, and he communication, for work relating to Job No. 0326, City Hall, Elevator
hereby is authorized to award contracts to the lowest responsible bidders, Modernization, Low Rise, C #92010805. Funds for this project should be
for Buffalo & Erie County Historical Society, Exterior Restoration, 1901 credited to CPF 3 63 22206 445 100 - Division of Buildings.
Pan-American Exposition Building, Job #0411 for General Construction to PASSED
Landmark Construction in the amount of $788,500,00; for Electrical AYES - 9 NOES - 0
Contract to Tunney Electric in the amount of $9,870.00; for Plumbing
Contract to MKS Plumbing in the amount of $32,222.00; for NO. 28
HVAC/Mechanical Contract to D.V. Brown & Associates in the amount of CLOSING STAATS /NARROWING ELMWOOD
$7,094.00. Funds for the project are being provided by Erie County, New FBI HOMELAND SECURITY REQUEST
York State Office of Parks, Recreation & Historic Preservation, New York ELLICOTT DISTRICT
State Office of General Services, United States Save America's CCP #76 OF 2/3/04
Treasures, and Division of Buildings 30040106-445100 and CCP #57 OF 3/30/04
36320606-445100. Our department had previously filed an item in regard to increasing
PASSED security around the FBI Building. Since this time, the item has been
AYES - 9 NOES - 0 discussed in Committee several times and as a result of revised a site
plan has been developed.
NO. 26 The revised site plan shows the closing of Staats St. at Court St. via a
CHANGE IN CONTRACT gate/barrier device and a 24-hour guard operation. In addition, the revised
CHANGE ORDER #I plan narrows a portion of Elmwood Ave., south of Niagara St. with a major
REPLACEMENT/ REMOVAL OF TRAFFIC change being a right turn lane provided onto Court St.
SIGNALS ON RICHMOND AVENUE As previously stated, our department has no major objections to the
AND THE CONSTRUCTION OF closing of Staats St. as the traffic impacts are minimal. The Buffalo Fire
ROUNDABOUTS AT SYMPHONY CIRCLE Dept. and Niagara Mohawk have operations, which necessitate access on
AND FERRY STREET Staats St., which need to be addressed and mitigated.
CONTRACT #92010539 The narrowing of Elmwood would provide an additional clear area of
I hereby request that your Honorable Body increase the original contract approximately 10'- 1 Y along the east faqade of the FBI Building. Traffic
sum of the above-referenced project by $690.93. This would make the flow on Elmwood Ave. will obviously be affected, however it is our opinion
Contract Sum $989,024.93 (Original Contract of $988,334.00 plus that Elmwood Ave. will still operate at an acceptable level of service
$690.93 = $989,024.93). behind City Hall. A crucial part of the operational level of service will be
This increase is requested due to a small amount of additional paving proper enforcement of parking regulations and an attempt to discourage
work needed at Ferry Circle. double parking.
Mr. Coppola Moved:
Pending approval by Your Honorable Body our department would issue a persons having charge of such lands and the cost of cutting grass, weeds
license and or lease to occupy and narrow portions of the street right of on these properties by the Department of Public Works, Parks F, 'Streets,
way on Elmwood Ave. and Staats St. subject to the following conditions. Division of Streets during the months of June through November 2003,
1. That the applicant obtains any and all other required City of Buffalo The Department of Public Works, Parks & Streets, Division of Streets is
permits. requesting that the following invoices he abated and the Commissioner of
2. That all conditions listed by the City Planning Board in its approval be Assessment place the Charge(s) on the Local tax rolls.
met. 2004 Total - $51,722.90
3. That the concerns of all other abutting property owners be Mr. Coppola moved:
addressed. The Common Council hereby approves the request from the Department
4. That all encroachments and related appurtenances be installed of Public Works to abate the referenced invoices and that the
exactly as shown on plans submitted to and approved by the Department Commissioner of Assessment place the charges on the local tax rolls.
of Public Works, Parks and Streets and the Department of Permit and PASSED
Inspection Services if required. AYES - BONIFACIO, COPPOLA, FRANCZYK, GOLOMBEK, GRIFFIN,
5. That the applicant be responsible for all capital costs and GRIFFIN, RUSSEL, THOMPSON - 7 NOES - DAVIS, FONTANA - 2
maintenance associated with all encroachments and related
appurtenances of the parking area as long as it remains within City right NO. 31
of way. PARKING BAN PROBLEM
6. That the applicant shall be charged a fee per square foot on a LOVEJOY DISTRICT
yearly basis for utilization of City Right of Way and this fee should be ITEM NO. 5 1, C.C.P. 12/23/03
determined by the Common Council. Please be advised that the Department of Public Works, Parks &
7. That, in the event the Commissioner of Public Works, Parks Streets - Traffic Section has reviewed the request to repeal the "Bus
and Streets determines the encroachment must cease as a result of Route" parking regulation on East Lovejoy Street between Bailey Avenue
factors affecting health, safety and welfare of the public, or the needs of and Greene Street. While it would be possible to repeal the "Bus Route"
the city said commissioner may order the immediate removal of the regulation on this section of roadway, this Department must maintain the
encroachment as described in Chapter 41367(F) of the City Ordinances. ability to provide snow plowing services on all City streets. This could be
8. That the applicant supply the Department of Public Works, Parks accommodated by installing Type II Alternate Parking. While this type of
and Streets with a certificate of insurance, in an amount deemed parking would alleviate the parking difficulties presently encountered
sufficient by the Corporation Counsel, which will indemnify and save during the overnight hours, it would require that parking on one side of the
harmless the City of Buffalo against any and all loss or damage street be restricted between the hours of 9:00 am and 4:00 pm Monday
arising out of the construction, maintenance, use or removal of said thru Friday.
parking area. REFERRED TO THE COMMITTEE ON LEGISLATION
9. The applicant provides access as necessary for any work
and/or maintenance operations to underground utilities. NO. 32
REFERRED TO THE COMMITTEE ON LEGISLATION REQUEST AUTHORIZATION OF ADDITIONAL FUNDS
SOUTH OGDEN ST. BRIDGE REPLACEMENT
NO. 29 CCP 10/15/02, ITEM #32
BRIAN C. DAVIS Your Honorable Body previously approved the referenced item,
IRVING PLACE which approved an amount not to exceed $125,000 for the City
"REQ. AFT. PKG. ON IRVING PLACE" share of costs associated with the South Ogden Bridge
(ELLICOTT DISTRIC Replacement Project. With the project now essentially complete,
ITEM NO. 106, C.C.P. 3/16/04 final costs to the City have been tabulated using the unit bid price
The following response is being submitted at the request of the for a total of $133,134.39.
Common Council as outlined in Item 9105 of March 2, 2004. Please be The final costs have been reviewed by the project consultants (Urban
advised that the Department of Public Works, Parks & Streets - Traffic Engineers of N.Y.,P.C.) and our engineering staff and we find it to be fair
Section has reviewed this resolution. and equitable. Therefore, permission is requested from Your Honorable
1) Irving Place has a one-way traffic pattern, southbound, and is Body to approve an increase in the City share of costs for this project in
located between Allen Street and North Street. the amount of $8,134.39 ($125,000 + $8,134.39 = $133,134.39), funds
2) Irving Place is currently posted for "No Parking Anytime" on the for which are available in our Capital Project Accounts #30032106 and
east side and unrestricted on the west side. #30227906.
3) Irving Place has a 24' wide pavement section according to our Mr.Coppola Moved:
records. That the above communication from the Commissioner of Public
4) Due to the width restrictions on Irving Place, one (1) of two (2) types of Works, Parks and Streets dated April 7, 2004, be received and filed;
alternate parking would be recommended for installation on and
Irving Place: That the Commissioner of Public Works, Parks and Streets, be, and he
a) Type I - No Parking 4 P.M. Sunday to 4 P.M. Wednesday on one side, hereby is authorized to increase the City share of costs for South Ogden
No Parking 4 P.M. Wednesday to 4 P.M. Sunday on the other side. Street Bridge Replacement in the amount of $8,134.39.($125,000 =
b) Type 2K - No Parking 6 P.M. Monday to 6 P.M. Thursday on $8,134.39 = $133,134.39), funds for the project are available in Capital
one side, No Parking 6 P.M. Thursday to 6 P.M. Monday on the other Project Account #30032106 and #30227906.
side. PASSED
Both of these options of alternate parking would allow for parking on one AYES - 9 NOES - 0
side of the street only and no parking on the other side alternating in No. 33
accordance with the applicable ordinance. Street Name Change - Normal Ave.
The current departmental policy for requesting a change in the type of Niagara District
parking on a street requires a petition with signatures of seventyfive Item No. 52, C.C.P. 03/30/04
percent of the property ownersin agreement to the specified change on The referenced item was referred to this department for comment.
the affected street(s). This department would have no objection to This department does not support changing the name of one block of
investigating this change provided that the proper petitions are filed. Normal Ave. between Pennsylvania and Porter to “Kleinhans Place". As
REFERRED TO THE COMMITTEE ON LEGISLATION we have said in the past, when similar requests have been made,
changes like this are confusing at the least, and have been objected to by
NO. 30 emergency service providers and the US Postal Service among others.
GRASS CUTTING INVOICE TRANSFERS REFERRED TO THE COMMITTEE ON LEGISLATION
In accordance with Chapter 341, Article I of the City Ordinance, I am
herewith attaching a list of parcels of land in the City of Buffalo owners or NO. 34
Certificate of Appointment Included in the study are recommendations on
MMA Consulting Group.
Appointment Effective: March 29, 2004 in the Department of Public
how the department should deliver Emergency Medical Services in the
Works, Parks & Streets Division of Water to the Position of Caulker
City of Buffalo.
Permanent Appointment at the: intermediate Starting Salary of:
According to the report: The Fire Department lacks the management
$33,731.00
capability, organization and sufficiently trained personnel to operate an
David Zielinski, Jr. 224 Geary Street Buffalo, New York 14210
ALS Emergency Transport System. In theory, with approximately 200-250
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
certified Emergency Medical Technicians, the Department could
conceivably operate a BLS Ambulance System-- given proper equipment
NO. 35
and licenses are obtained.
CERTIFICATE OF APPOINTMENT
However, the consultants have not recommended this approach. A more
Appointment Effective March 29, 2204 Heavy Equipment Operator
appropriate approach is for the Buffalo Fire Department to continue to
Department/Division Public Works, Parks & Streets, Division of Streets
support the existing system by delivering high quality first responder
Salary $33,392 Permanent Competitive
services.
RICHARD CHMIEL 76 VANDALIA ST BUFFALO NEW YORK 14204
The Buffalo Fire Department has historically conducted extensive analysis
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
into the feasibility of a Department EMS service to include ALS/BLS
Transport. The comprehensive analysis explored
FROM THE COMMISSIONER OF POLICE
Average daily requests .
Non-transport/cancel led requests
NO. 36
Vehicle purchase, maintenance and fuel costs
LIST OF HOMICIDES
Equipment and medical disposal costs
1990-2003
Billing/collections
As per your correspondence dated March 12, 2004, wherein you
Payer mix of 25% Medicare, 35% Medicaid, 40% Private Pay
explained that the Council is embarking on an initiative for the fiscal year
After review of the compiled statistical information, it was the opinion of
2004-2005 ; one of the aspects of the anticipated initiative includes crime
the Commissioner of Fire's Office that such a plan was not cost-effective
concerns in the City of Buffalo. In order to address this concern, the
or beneficial to the residents of the city of Buffalo.
Council is requesting that a list of unsolved murders in the City of Buffalo
REFERRED TO THE COMMITTEE ON FINANCE
be provided.
The following list of homicide investigations (murders) was
FROM THE CORPORATION COUNSEL
provided by our Major Crimes Unit. Since the request wasn't very
specific in regards to time frame, the Major Crimes Unit composed
NO. 39
figures dating back to the year 1990. The list also includes total
Buffalo Fiscal Stability Authority
number of investigations, the amount of investigations cleared and
Legislative Amendments
those that remain open for each year.
This is in response to your request for an opinion concerning whether a
YEAR NO. OF HOMICIDES INVESTIGATIONS INVESTIGATIONS
home rule message passed by the Common Council is necessary for the
CLEARED OPEN
State to enact the Buffalo Fiscal Stability Authority ("BFSA") legislation
1990 40 27 13
and any amendments to that legislation.
1991 49 25 24
Home rule authority emanates from Article IX, Section 2 of the New York
1992 78 35 43
State Constitution. That section provides that the State may pass general
1993 79 38 41
laws that apply to the property, affairs and government of cities and
1994 92 40 52
special laws relating to specific localities after a home rule request
1995 62 27 35
approved by the local legislative body. Over the past eighty (80) years, the
1996 60 24 36
courts have lessened the home rule authority of local governments. In
1997 47 22 25
251 NY 467, 167 N.E. 705 (1929), the New York Court
Adler v. Deegan,
1998 42 12 30
of Appeals upheld the constitutionality of an amendment to the New York
1999 32 20 12
State Multiple Dwelling Law. The law was a State law that applied only to
2000 39 23 16
the City of New York. The Court ruled that since the law involved a matter
2001 66 31 35
of "State concern", i.e., health conditions of a community, that the State
2002 44 23 21
could pass the law without a home rule message from the City of New
2003 60 25 35
York. Similarly, in 268 NY 52, 196 N.E. 740
Robertson v. Zimmerman,
Should you have any questions or concerns, you may contact the
(1935), the New York Court of Appeals rejected a constitutional challenge
office of the Chief of Investigative Services at 851-4521.
to the law creating the Buffalo Sewer Authority. The issue in that case
REFERRED TO THE COMMITTEE ON LEGISLATION
was whether the BSA enabling legislation in the Public Authorities Law
related to the property, affairs or government of the City of Buffalo and
NO. 37
was a special or local law requiring a home rule request. The act in
Prosecuting Gun Cases as Federal Cases.
question transferred the control of the sewer system from the City of
Res #136, C.C.P. March 16,2004
Buffalo to the BSA. The Court of Appeals noted that the law was
In response to the aforementioned Resolution, please be advised that
constitutional on the basis that public health was involved and that this
the Buffalo Police Department has been an active participant in Project
was a State concern within its own police power. The Court further
Exile (Project Safe Neighborhoods) since the program's inception here in
suggested that legislation dealing with "the internal affairs of a city or the
the City of Buffalo in 2000.
functions of its officers" would be subject to the Home Rule section of the
Any issues related to the prosecution of cases are matters neither
State Constitution. 268 NY 52, 60, 196 N.E.
Robertson v. Zimmerman,
under the department's control nor jurisdiction.
740, 743 (1935).
Attached to this correspondence please find a copy of a Buffalo News
The decision above stands for the proposition that the term
Adler
article dated September 14, 200") for your further edification.
"property, affairs or government" as used in the State Constitution does
REFERRED TO THE COMMITTEE ON LEGISLATION
not limit the state from enacting legislation in the affairs of a city so long
as the law is the subject of "state concern". See also,
Metropolitan
FROM THE COMMISSIONER OF FIRE
28 NY2d 385, 322 NYS2d
Transportation Authority v. County of Nassau,
228, 271 N.E.2d 213 (1971).
NO. 38
The BFSA was created by enactment of the state legislature. The
Emergency Medical Services in the City of Buffalo
enabling legislation is located in Sections 3850 through 3873 of the Public
Item#158,C.C.P. March30,2004
Authorities Law. Section 3850-a of that legislation states a legislative
The Buffalo Fire Department is currently in the process of
declaration of need for state intervention as follows:
implementing a series of reorganization strategies as recommended by
Section 3850-a. Legislative declaration of need for state intervention. The AYES - 8 - NOES – 1
legislature hereby finds and declares that the City of Buffalo is facing a AYES – BONIFACIO, COPPOLA, DAVIS, FONTANA, FRANCZYK,
severe fiscal crisis, and that the crisis cannot be resolved absent GOLOMBEK, RUSSELL AND THOMPSON – 8
assistance from the state. The legislature finds that the city has NOES – GRIFFIN – 1
repeatedly relied on annual extraordinary increases in state aid to balance
its budget, and that the state cannot continue to take such extraordinary FROM THE COMMISSIONER OF PERMIT & INSPECTION
actions on the city's behalf. The legislature further finds and declares that SERVICES
maintenance of a balanced budget by the City of Buffalo is a matter of
overriding state concern, requiring the legislature to intervene to provide a NO. 42
means whereby: the long-term fiscal stability of the city will be assured, Second Hand Dealer
the confidence of investors in the city's bonds and notes is preserved, and 242 Allen (Ellicott)
the economy of both the region and the state as a whole is protected. Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be
An argument can be made that the legislation is a special law, which advised that I have examined the attach application for a Second Hand
deals strictly with Buffalo's financial problems and, therefore, requires a Dealer License located at 242 Allen and find that as to form is correct. I
home-rule message. However, in light of this declaration of legislative have caused investigation into the premises for which said application for
intent, the legislation appears to fall within the "State Concern" doctrine a second hand dealer license is being sought and according to the
enunciated by the Court of Appeals in the case. Therefore, it does attached reports from the Zoning Office, Fire Department and Building
Adler
Inspections, I find it complies with regulations and other applicable laws. I
not appear that a home rule message is required to pass the original
have caused an investigation by the Police Department into the moral
BFSA enabling legislation.
character Joseph Maniaci. The attached thereto for Joseph Maniaci d/b/a
The BFSA is contemplating seeking amendments to its legislation.
Allentown Music. This request is submitted for y approval or whatever
Enclosed for your review is a communication from Darryl McPherson,
action you deem appropriate.
counsel to the BFSA with attached BFSA resolution. The letter states that
REFERRED TO THE COMMITTEE ON LEGISLATION
a final draft of the BFSA's legislative amendments will be forwarded
shortly. The same standard of review would apply to the amendments that
NO. 43
apply to the original legislation. If the amendments can be viewed as a
Used Car Dealer
matter of "state concern", no home rule message would be required. If the
272 Grant (Niagara)
amendments can be viewed as dealing strictly with the internal functions
Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be
of the city or the functions of its officers, such as the Mayor or the
advised that I have examined the attached application for a Used Car
Comptroller, an argument could be made that a home rule message is
Dealer License located at 272 Grant Street and find that as to form is
required. See, supra.
Robertson v. Zinimerinan,
correct. I have caused an investigation into the premises for which said
If you have any questions or need anything further, please contact me.
application for a used car dealer license is being sought and according to
REFERRED TO THE COMMITTEE ON BUDGET
the attached reports from the Zoning Office, Fire Department and Building
Inspections, I find it complies with all regulations and other applicable
NO. 40
laws. I have caused an investigation by the Police Department into the
Buffalo Special Police
moral character of William Putman Jr. The attached thereto for William
During the meeting on Thursday, April 1, 2004 regarding the Buffalo
Putman Jr. d/b/a Daytona Automotive Group. This request is submitted
Special Police, I mentioned that New York City has a robust auxiliary
for your approval or whatever action you deem appropriate.
police program. I have attached a section of the Administrative Code of
REFERRED TO THE COMMITTEE ON LEGISLATION
the City of New York, which details the legislative intent behind that
program. Among other things, New York City's law specifies that "these
NO. 44
men or women are trained by our regular police forces and are similarly
Used Car Dealer
uniformed and equipped except that they do not carry guns." NYC
2186 South Park (South) RESUBMIT
Administrative Code §14-148 (a).
Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be
Additionally, I have phone calls into the New York City Corporation
advised that I have examined the attached application for a Used Car
Counsel's Office and the New York City Police Department to try and
Dealer License located at 2186 South Park and find that as to form is
obtain additional information about how this program works in practice. As
correct. I have caused an investigation into the premises for which said
soon as I have that information I will promptly report it to the Council.
application for a used car dealer license is being sought and according t(
REFERRED TO THE COMMITTEE ON LEGISLATION
the attached reports from the Zoning Office, Fire Department and Building
Inspections, I find it complies with al regulations and other applicable
No. 41
laws. I have caused an investigation by the Police Department into the
Lease Agreement - D 175 Great Arrow, Inc.
moral character of John Aiello. The attached thereto for John Aiello d/b/a
Please find enclosed an amended proposed agreement for the lease of
Hertel Auto Sales. This request is submitted for your approval or whatever
the premises at 175 Great Arrow Avenue for use as the auto impound.
action you deem appropriate.
The additions are black lined. Paragraph "31 was added to protect the
Mr. Coppola Moved:
City of Buffalo by insuring that the lease runs with the land and that any
That the above communication from the Commissioner of Permit and
potential purchaser of the property is bound by the lease. In addition,
Inspections
paragraph "T' provides that in the event the premises is not tenantable,
Services dated April 5, 2003, be received and filed; and
the City can declare a default and has six (6) months to find an alternate
That pursuant to Chapter 254 of the City Code, the Commissioner of
location. Due to the large size of the facility as well as the adjacent
Permit and Inspections Services be, and he hereby is authorized to grant
outdoor land available, the likelihood of the property not being tenantable
a Used Car Dealer license to John Aiello d/b/a Hertel Auto Sales, located
appears to be remote. In addition, paragraph "6" provides for one two (2)
at 2186 South Park.
year term and five one (1) year renewals at the City's sole option.
Passed.
The Law Department respectfully requests your approval of the
AYES - 9 - NOES - 0
revised agreement.
Mr. Coppola Moved:
FROM THE COMMISSIONER OF HUMAN RESOURCES
That the above communication from the Corporation Counsel dated April
5, 2004, be received and filed; and
No. 45
That the Commissioner of Administration and Finance be, and he hereby
Risk Management Services RFP
is authorized to enter into an amended Agreement between the City of
I have received a copy of the and wanted
Common Council Action Plan
Buffalo and the D 175 Great Arrow, Inc., located at 255 Great Arrow
to apprise you of actions, which I have taken that in part speak to one of
Avenue for storage of vehicles for the Division of Parking Enforcement,
the Plan's concerns.
under the terms and conditions as listed in the lease.
Passed
Council has identified a significant risk regarding the city's tree CERTIFICATE OF APPOINTMENT
inventory. However, the risk exposure involving the tree issue is Start Date March 29, 2004 Laborer II Department/Division Public Works,
only a minor part of the city's total risk exposure. For the past six Parks & Streets, Division of Streets Salary $8.15/hr. Seasonal Non-
months I have been actively involved In a review of the City's Competitive
handling of risk management issues. I have found that, in fact, Richard Mazuca 54 South Pierce St Buffalo New York 14206
there Is virtually no risk management / loss prevention program. Carmine Marinaccio 279 Hastings Ave Buffalo New York 14215
This results in ongoing exposures (such as the tree problem) and a Michael Wachowicz 147 Barnard Buffalo New York 14206
wide range of potential liabilities that go unidentified and not Start Date March 23, 2004 Laborer II Department/Division Public Works,
addressed. Parks & Streets, Division of Streets Salary $8.15/hr. Seasonal Non-
Additionally, there is no active effort to reduce those exposures that we Competitive
already know exist. There is no systematic review of motor vehicle Mary Amorosi 278 Colvin Buffalo New York 14216
accidents; no analysis of workers compensation injuries, no safety Roxanne Carey 83 Hartwell Buffalo New York 14216
program. There is no ongoing analysis of insurance or re-insurance John Klocpfer 208 Starin Buffalo NY 14216
possibilities and no formalized processing or review system for claims. Korry Smith 568 West Utica Buffalo New York 14213
The City does not have the in-house expertise to conduct such a program. CERTIFICATE OF APPOINTMENT
Upon completing this review I discussed the matter with Mayor Start Date April 5, 2004 Laborer II Department/Division Public Works,
Masiello who authorized me to proceed with the development of a Buildings Salary $10.25/hr. Seasonal Non-Competitive
Request for Proposals for the establishment of a Comprehensive William Young 374 McKinley Pkwy Buffalo NY 14220
Risk Management Program for the City. I have developed a detailed Richard Veroba 24 Lester St Buffalo NY 14210
RFP for such services, utilizing similar proposals for several cities Keith Rathbun 239 Cumberland Ave Buffalo NY 14220
around the country and modifying those samples to meet our Certificate of Appointment
needs. Attached you will find a copy of that RFP. Appointment Effective: March 29, 2004 in the Department of: Police
The Purchasing Division will advertise the proposal this week and I have to the Position of: Crossing Guard Temporary Non-Competitive at the
requested funding in the FY 2004-05 budget for the initial phases of the Minimum Starting Salary of: $ 7.09
project. Please note that the RFP seeks a qualified professional Risk Tracy Nowak 32 Oakhurst St. Buffalo, NY 14220
Management Firm with no ties to the Insurance industry. Kathleen Polonski 278 Cumberland Ave. Buffalo, NY 14220
As Council has pointed out in its we can reduce losses by
Action Plan
NO. 50
identifying and addressing potential risks before they become claims. An
APPOINTMENTS - TEMPORARY, PROVISIONAL OR PERMANENT
aggressive risk management loss prevention program will not only permit
I transmit herewith Appointments in the various departments made at
the City to reduce costs from liabilities but also protect our workers and
the Minimum (Temporary, Provisional or Permanent) and for
citizens from injuries. An organization the size of the City
Appointments at the Maximum (as per contract requirements) .
of Buffalo certainly should have such a program in place and I am
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
convinced that by doing so we will save many, many times the expense of
CERTIFICATE OF APPOINTMENT
implementation.
Appointment Effective April 4, 2004 in the Department of Community
I took forward to discussing this matter further with Council.
Services, Division of Contract Administration to the Position of Attendant,
REFERRED TO THE COMMITTEE ON BUDGET
TEMPORARY APPOINTMENT at the flat Starting Salary of $ 6.00 per
hour
FROM THE CITY CLERK
Brandon Gaiter, 77 Parkside, Buffalo 14214
CERTIFICATE OF APPOINTMENT
No. 46
Appointment Effective: March 29, 2004 in the Department of Public
Liquor License Applications
Works, Parks & Streets, Division of Water, to the Position of Caulker
Attached hereto are communications from persons applying for liquor
Permanent Appointment at the Minimum Starting Salary of $32,392.00
licenses from the Erie County Alcohol Beverage Control Board.
Jason Allen, 50 Gladstone Street, Buffalo, New York 14207
Address Business Name Owner's Name
CERTIFICATE OF APPOINTMENT
1864 Clinton St. Sarge's Tavern Papl E. Bukowski
Appointment Effective: April 5, 2004 in the Department of Public
275 Washington Centerfield Area Tent Anthony Pellerite
Works, Parks & Streets, Division of Water to the Position of Meter
370 Virginia Betty's Carroll Ann Simon
Reader, Temporary Appointment at the Minimum Starting Salary of
1412 Main St. No Name Given Floyd B. Myers
$26,562
RECEIVED AND FILED
James M. Wozniak, Jr., 27 Lombard Street, Buffalo, New York 14206
No. 47
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND
Leaves of Absence Without Pay
REMONSTRANCES
I transmit herewith notifications received by me, reporting the granting
NON-OFFICIAL COMMUNICATIONS
of the leaves of absence without pay, in the various departments as listed:
Public Works, Streets & Parks- Joseph Lunghino
NO. 51
Fire-William Renaldo, D. Schieber, J. Otwell, W. Biondolillo,
J. KEITH-ALFORD
(All Military Leaves)
Dear Mr. Franczyk:
Community Services- Donna Gerst-Lentini
The City Comptroller recently performed an audit of our organization, and
RECEIVED AND FILED.
we understand that it has be filed for Council action in the near future. We
would like to add our thoughts and comments to assist t Council and
No. 48
clarify some of the Comptroller's findings.
Reports of Attendance
The findings list five items relating to Buffalo Civic Auto Ramps (BCAR)
I transmit herewith communications received by me, from the various
disbursements which the audit h questioned. These fall into two
boards, commissions, agencies and authorities reporting the membership
categories: A) parking program expenses which the Comptroller fin
attendance at their respective meetings:
questionable due to a narrow reading of the existing management
City Planning Board -4/6/04
agreement between the City and BC2 and B) disbursements incurred
RECEIVED AND FILED.
under the auspices of the Buffalo Urban Renewal Agency (BURA) which
relate to an agreement not part of the management agreement cited
No. 49
above.
Notices of Appointments - Seasonal/Flat
A) Parking Program Expenses:
I transmit herewith certificates received by me, reporting seasonal and flat
The City/BCAR agreement stipulates that revenues "shall be first used by
salary appointments made in various departments.
BCAR to pay all operating expenses relating to the Parking facilities
RECEIVED AND FILED.
and that "all remaining Operating Revenues shall be paid over to the City Very truly yours,
Parking Enterprise Fund". BUFFALO CIVIC AUTO RAMPS, INC.
The problem is, of course, the definition of operating expenses. The Keith Alford, Chairman
Board of Parking and the board REFERRED TO THE COMMITTEE ON FINANCE AND THE
BCAR view their charge as that of running a coordinated parking program COMPTROLLER.
for the benefit of downtown Buffalo. In this context, both the shuttle and
Ranger programs (which we group under caption A above make sense as NO. 52
operating expenses. E. BERRY-CONCERNS BUFFALO LIBRARY BOARD
The expenses for both these programs were paid to Buffalo Place, Inc. In As you know, a Buffalo Library Board without a contract and funding from
the case of the Ranger Program BCAR considers this to be an extension BECPL would be an advisory board without teeth, without rights. Without
of its ramp security program. This security program is vital to both legal protection under NYS law and a contract with BECPL, it would not
maximization of ramp revenues and to the overall perception of downtown have the right to secure and manage funds and personnel nor would it be
as a secure place to visit a do business. The $36,024 Ranger Program able to- to protect the IS
represents only about 12% of the overall BCAR $300,000 outlay for libraries from closing, which puts Buffalo in an unequal situation with all
security for the year ended June 30, 2003. The problem here appears to other localities/libraries in Erie County.
be one of form. I Comptroller is not questioning other security expenses This is why Save our Libraries -supports your Resolution #109, March 2 -
because they were performed on a fee for service basis and billed to form) a COB Public Library Board, with all the rights which have been
regularly. The Ranger Program was paid for under an arrangement given to all localities having libraries outside the city of Buffalo.
whereby BCAR p Buffalo Place, Inc. a flat monthly amount. This was Councilmembers had questions and concerns all the lost Common
agreed to in order to provide Buffalo Place sec funding, without which the Council Session March 30th which we feel have not yet been answered,
program could not have been undertaken. Nonetheless, the payments therefore, we are requesting that you continue to table this item until Save
were late hours escort and patrol services, which were an integral part of our Libraries can receive more information from several sources, including
the overall security program. A consequence, the only change which BECPI, and NYS, so that we can examine this information and release
appears necessary is the method by which Buffalo Place bills BCAR the our findings to the Common Council so that you may make an informed
Ranger Program's security services. This will be done immediately. decision. We are estimating that it will take some time to do this, so we
The shuttle program is somewhat different. It would be hard to justify this are requesting that you table this item at least until the April 271h
program as an expense of facility . But as a reasonable expense relating Session, especially considering this holiday season.
to the entire coordinated downtown parking program, ii absolutely We hope you will also help us acquire the information we need to assist
necessary. Suspension of BCAR payments might lead to termination of you in answering all of the Council's concerns.
this service and should be avoided. We would instead suggest that Please let us know as soon as possible if this plan, is convenient to
payments be continued temporarily until the Corporation Counsel either you
opines that the current contract allows such payments or until it is Thank for your support
determined that the contract language must be amended to allow such RECEIVED AND FILED
payments.
B) Disbursements Incurred Under the Auspices of BURA.- NO. 53
The expenditures for Rotary Rink gas and electric, the Radisson COMMON COUNCIL ACTION PLAN FOR 2004-05 FISCAL YEAR
telephone and window washing for I Tern ='Us Building were not made Dear Mr. Michaux,
under the City/BCAR management agreement, but rather under separate Please accept this correspondence to be filed for the next Common
agreement with BURA relating to the Augspurger Ramp. Council meeting that will be held on April 13, 2004,
The Augspurger Ramp was built with New York State UDC funding and Thank you for your assistance.
turned over to BURA with t stipulation that any operating surpluses be Sincerely,
returned to the State to the extent of the State's debt serving, BURA 'in Marc A. Coppola
turn leased this ramp to BCAR, again with the stipulation that any surplus Council Member
be turned over BUR-A. Subsequently, BURA authorized BCAR to RECEIVED AND FILED
disburse a portion of the Augspurger surplus to pay t expenses now being
questioned by the Comptroller. BURA did this in order to assist the City NO. 54
with some its renewal objectives (Rotary Rink and the Radisson Hotel). L. FLERON-LIVING WAGE COMMISSION UPDATE ON RECENT
In May 2002, in response to an initiative originated by the Board of PROGRESS
Parking and BCAR, the State forgave the debt service on the Augspurger Could you please file the attached for the Common Council meeting on
Ramp making BURA's title free of debt and effectively transferred it to April 13, 2004.
BURA- The practical result of this was to allow BURA to retain all Sincerely,
Augspurger surpluses generation since 1992, a windfall of about $1.2 Marc A. Coppola
million. Councilmember
In November 2003, coincident in timing with the Comptroller's audit, LIVING WAGE COMMISSION
BURA transferred title of Augspurger to the City and it began (as planned, CHAIRPERSON: Lou JEAN FLERON * 716.852.4191
and for the first time) to function under the City/BCAR managernent The Living Wage Commission, which you created to enforce Buffalo's
agreement. Living Wage Legislation, has made some exciting progress and wanted to
The Board of Parking and BCAR had assumed that, as a part of the share the following with you Each of the 9 organizations composing the
transfer agreement, BCAR would be to continue paying these Living Wage Commission (as enumerated in the legislation) have
"Augspurger related" expenses. Neither BCAR nor the Board of Parking appointed a representative to the Commission.
has a disagreement with the Comptroller's request to immediately The Living Wage Commission (LWC) has partnered with the UB Law
suspend these payments, and wishes to no that such payments have in School to create a permanent. field placement opportunity for two law
fact ceased. Both organizations want to thank the Comptroller for relieving student interns to support Federation and assist in staffing the work of the
t] City's downtown parkers of these unrelated obligations. Commission. The LWC is working with Commissioner Don Allen and the
As an additional point of emphasis, both BCAR and the Board of Parking Mayor to convene a cfor all City Department Heads
ompliance Work-shop
wish to point out that subpayments as were made in past years were not
who may let contracts covered under the legislation. This will ensure that
made under the Ci1y/BCAR management agreement, b were instead
Department Heads more fully understand Welfare their rights and
made at the behest of BURA from the Augspurger funds which were
responsibilities under the law.
under its authority and control.
Monitoring MOST IMPORTANTLY: The LWC has secured its first
Thank you for your consideration and the opportunity to respond. We
Voluntary Compliance Task Force Amendment with a covered
would also Eke to thank the C Comptroller, Mr. SanFilippo and his staff
employer (Standard Parking) and will begin to monitor the increased
for the general courtesy and efficiency they displayed through the course
wages of those workers.
of the audit.
We are currently pursuing Voluntary Compliance Agreements with other I am writing today to request that Mr. Davis and Mr. Cruz drive down
employers, for Niagara Partnership example, Buffalo Civic Auto Ramps Peckham St. between Krettner and Smith St. The center of the street that
(BCAR). Some basic facts about BCAR include: was re-paved in Aug. 2003 has started to separate. WHAT POOR
BCAR is covered by the living wage legislation (see the legislation under WORKMANSHIP WAS DONE. At a time when the city is hard pressed
the definition of CONTRACT). for money, how can you officials allow this type of ISHOTY' work
BCAR is registered with the NY Department of State as a for-profit performance????
business Council corporation. There is no way Peckham between the above streets should be
BCAR is therefore not eligible for exemption under the non-profit deteriorating in the surface repaved after 8 mos. Please inspect this street
exemption clause Office of the of the legislation. for yourselves.
We are pleased with our recent successes and look forward to continued REFERRED TO THE COMMITTEE ON FINANCE AND
progress. We also welcome the opportunity to continue working with you COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS.
to enforce the law. Please don't hesitate to call Lou Jean Fleron, the LWC
Chairperson, at 852-4191 with questions. NO. 59
Thank you for your attention to this matter. R. DIFRANCESCO-BAILEY AMHERST DIST MGMT ASSN INC
REFERRED TO THE COMMITTEE ON LEGISLATION, THE 7/1/04-6/30/05 BUDGET
CORPORATION COUNSEL, THE COMMISSIONER OF TO: BUFFALO CITY CLERK'S OFFICE .
ADMINISTRATION AND FINANCE AND COMPTROLLER FROM: BAILEY-AMHERST DISTRICT MANAGEMENT ASSOCIATION
INC.
NO. 55 THIS IS THE BUDGET FOR 7/1/04 - 6/30/05 FOR BADMA.
T. HICKOK-A VISION FOR THE OUTER HARBOR Apr 07 04 10:17a
Please have this item filed for the next Common Council meeting, which is BADMA BUDGET 7/1/04-6/30/05
scheduled for April 13, 2004. ADMINISTRATION
Thank you for your assistance. Supplies/Postage $100.00
Sincerely, Admin. Support Services $3,000.00
Marc A. Coppola Legal Services $1,500.00
Council Member Financial Audit $850.00
REFERRED TO THE COMMITTEE ON COMMUNITY Total $5,450.00
DEVELOPMENT AND DIRECTOR OF STRATEGIC PLANNING. MAINTENANCE
Pavement & Landscape
NO. 56 Maintenance $5,250.00
L. MATARESE-BFLO NEW ARTICLE NO MORE MAYOR NO MORE Snow Removal $3,900.00
COUNTY EXECUTIVE Total $9,150.00
Imagine it's the year 2015, and the person running the metro government SECURITY
that includes Erie County and the City of Buffalo has a Security Guard $19,750-00
slew of qualifications, except one: He or she is not a politician but rather a Total $19,750.00
trained professional in the art of running a ADVERTISING AND PROMOTION
government and delivering services. So how did she get the job? She was General Advertising Using
hired, not elected. Vadety of Media $565.00
That may be a fantasy here, but it's reality in a lot of other places in Total $565.00
America. As residents of Erie County and Buffalo debate various INSURANCE
merger and consolidation proposals, perhaps it's time to add another Merchants Insurance $185.00
alternative to the mix: Instead of electing someone to Total $185.00
run a city, county or metro government here, should Buffalo and-or Erie Total $35,100.00
County consider a change to a council-manager government? RECEIVED AND FILED
The council-manager system of local government combines the strong
political leadership of elected legislators with the strong managerial NO. 60
experience of an appointed, professional, non-political local government D. ELSENBECK- PERM. ENTER AGREE.-CUSTOM LIGHTING
manager. This form establishes a representative system where all power SERVICES (PW)(#28,L2/,1Z3)
is concentrated in the elected officials, whithin hire a highly trained, It has come to our attention that the Common Council may consider an
experienced manager on whom they depend for the action that would authorize the Administration to study an alternative
expertise and guidance that will assist them in directing the administration means of providing street lighting services in the City of Buffalo,
and delivery of public services. specifically purchasing existing Niagara Mohawk facilities and contracting
REFERRED TO THE COMMITTEE ON LEGISLATION the maintenance portion of that service to a third party.
Niagara Mohawk places a high value on our long-term relationship with
NO. 57 the City of Buffalo, and would urge caution in this matter. We would hope
M. COPPOLA-TIME ARTICLE WHY YOUR DRUGS COST SO MUCH that, before taking any action, the City would consider some or all of the
Could you please file the attached for the Common Council meeting on following issues:
April 13, 2004. Most proposals from third parties presume that the municipal entity owns
REFERRED TO THE COMMITTEE ON BUDGET, COMMISSIONER the entire system that is to be maintained. While the City of Buffalo does
OF HUMAN RESOURCES AND CORPORATION COUNSEL. own some of the existing street lighting infrastructure - primarily poles -
the balance is currently owned by Niagara Mohawk. We consider street
NO. 58 lighting to be an essential part of our business and, as such, our facilities
D. JOHNSON-PROBLEMS WITH REPAVING ON PECKHAM ST are not for sale. This leaves only a potentially lengthy and expensive
Dear Mr. Michaux III, condemnation process as the sole means of acquiring the existing
Please file the attached correspondence for the upcoming Council infrastructure, or an equally lengthy and expensive process of replacing
Session to be held on Tuesday, April 13, 2004 for further discussion. that infrastructure with new facilities that would be owned by the City.
Thank you in advance for you assistance in this matter. Because Niagara Mohawk owns the electrical components of the existing
Sincerely, network, responsibility and liability for those components rest with us. If
Brian C. Davis the City were to acquire or build those same assets, all responsibility and
Ellicott District Councilmember liability would then belong to the City. If the City were to acquire or build all
Problems with Re-paving on Peckham Street It street lighting assets, responsibility for new installations would rest with
We in the community were very happy when finally Peckham St was the City, including all upfront capital costs associated with running such a
re-paved. After 6 to 7 yrs of waiting for this street to be re-paved. system. Those upfront costs today are borne by Niagara Mohawk. Today,
Niagara Mohawk remains the single largest taxpayer in the City of Buffalo. area, including a two foot shoulder, ten foot pathway, and six foot green
A significant portion of our overall tax bill in the city represents area;
assessments and taxes on the portions of the street light system we own • Make every effort to keep the six foot wide buffer free and clear of all
(currently about $ 800,000 per year). Any calculation of potential savings TOPS generated debris;
to the City by proceeding with acquisition and contracting would have to • Plant and maintain 57 trees on the site as a resolution of issues under
include the loss of that revenue to the City, which could negate any the City Tree Ordinance; (Approximately 30 trees were actually planted)
potential savings elsewhere. • Ensure that no delivery vehicles are parked for extended periods of
Over the past several years, we have instituted a number of operational time in front of their store near Grant Street;
changes to help us provide quality service to the City, including night-time • Keep the sidewalks on Grant and Amherst Streets clear of snow, ice
patrols throughout the city. We are underway with specific projects to and debris;
address outages and knockdowns on major highways in the city - projects • Not use the Scajaquada Pathway Extension for the storage of plowed
that require detail scheduling coordination with several agencies so as to snow from their parking lot.
minimize the impact on traffic flow and work safety. Since TOPS has failed to satisfy the conditions to which they agreed in
As part of our current multi-year regulatory compact, Niagara Mohawk order to secure passage by the Common Council of its Petition to Use
provides the City with price stability and certainty as existing taniff rates 345 Amherst St. for a Retail Store, it appears they should not be in
are essentially frozen through the end of 2011. operation at all. It hardly seems fair for the City to allow TOPS to further
We appreciate the difficult task faced by the Common Council and the develop the illegally paved site since it has failed to meet its pre-existing
Administration in improving the fiscal standing of the City while providing obligations. We hesitate to lend credibility to TOPOT promises to be a
quality service to its residents and businesses. For these and many other good corporate citizen since they have proven, as referenced above, they
reasons we would be pleased to discuss in detail, we urge the Council to do not honor their own agreements.
proceed with caution. We also feel the proposed gas station will severely affect the safety of the
Thank you for your attention to this matter. neighborhood. TOPS expects this station will pump 100,000 gallons of
RECEIVED AND FILED gasoline per month, increasing traffic in the Grant-Amherst area by 20%,
according to a February 26, 2003 article in the Riverside Review. Given
NO. 61 the current configuration of the traffic interchanges into and out of the
EMPIRE STATE DEVELOPMENT- TOPS parking lot, most specifically the traffic light leading to the
PUBLIC HEARING - BUFFALO AND ERIE COUNTY BOTANICAL Scajaquada Expressway (where TOPS intends to place its gas station),
GARDENS we fear this could make an already dangerous and congested intersection
Dear Mr.Michaux: even worse. Further, greater congestion within TOPS' parking lot coupled
Enclosed please find a copy of the General Project Plan (the "Plan") and with the lack of safe pedestrian access could result in tragedy.
findings for the proposed Project in the City of Buffalo. In accordance with When we attempted to address these concerns with TOPS
Section 16(2) of the New York State Urban Development Corporation Act representatives, Patrick Broderick voiced his opinion that the TOPS
(Chapter 174 of the Law of 1968), as amended, we request that the Plan parking lot at the Grant-Amherst store could not be made safe for
and findings be filed in your office. pedestrians because "none of TOPS' parking lots are safe". This is
A public hearing for the Buffalo and Erie County Botanical Gardens unacceptable. TOPS representatives expressed an unwillingness to
Project will be held in Room 1317 in the Buffalo City Hall on Wednesday, consider the majority of our suggestions to increase safety including:
April 7, 2004 from 10:00 a.m. to 11:00 a.m. Providing parking lot security
If you have any questions, please contact me at 688-0485. Thank you. Installing and maintaining raised landscaped islands.-
Sincerely, Providing safe pedestrian walkways from Grant and Amherst Streets to
Nancy Gerovac the store.
Contract Consultant Keeping the sidewalks clear of ice and snow.
RECEIVED AND FILED Development of a plan to control speed and flow of traffic in their lot.
We feel that these measures are reasonable for a store that depends so
NO. 62 heavily on pedestrian access.
K. GIOULEKAS-COMMENTS HELIPAD CHILDREN’S HOSPITAL As an organization focused on promoting community minded business,
Available for review in the City Clerk’s Office. we feel that the proposed TOPS Express gas station goes directly against
RECEIVED AND FILED the grain of everything we have been working to achieve. We feel that it is
important for large corporations to be held accountable to the
NO. 63 neighborhood that supports them. We request that you reject and do not
J. GOLOMBEK-R. NIEMIEC-GRANT AMHERST BUS ASSOC support any proposal for a gas station at the Grant-Amherst TOPS
Dear Mr. Manuel: location.
It has recently come to our attention that TOPS is once again pursuing Sincerely,
plans to build a gasoline filling station at its Grant-Amherst location. This REFERRED TO THE COMMITTEE ON COMMUNITY
location is the gateway to the Grant-Amherst community. Representatives DEVELOPMENT
from the Grant Amherst Business Association have recently spent a great
deal of time with the New York State Department of Transportation and NO. 64
other planners conducting the Scajaquada Corridor Study to improve the R. NIEMIEC-GRANT AMHERST BUS ASSOC CONCERNS
overall appearance of our neighborhood and refurbish the Grant Street PROPOSED FIRE FACILITY HERTEL/ELMWOOD
bridge as a gateway to the Olmstead Parks System. We feel that a gas Dear Councilman Golombek,
station placed prominently along Grant Street will negate these efforts. The Grant Amherst Business Association has been following the
Last year, we met with TOPS through both the Grant Amherst Business discussions about the Fire Department facility planned for the South West
Association and the Black Rock Riverside Good Neighbors Planning intersection of Hertel and Elmwood. While we are supportive of Fire
Alliance to discuss this issue. We brought to the attention of TOPS' Department facility development, we have the following concerns
representatives that they had not yet complied with the conditions TOPS regarding this location:
agreed to set forth in Item No. 162 from the Buffalo Common Council 1.) The proposed action is at one of the busiest intersections in the City.
Meeting of June 30, 1998. As you may recall, the Council's Resolution, to There are daily traffic backups and delays due to Perpendicular industrial
which TOPS agreed, was intended to be reparations for TOPS' illegal business deliveries at Commercial Pipe, Norampac, Armour Box and
paving of public green space in the very location they now intend to place Metal Casting that can block at least one, and at times two traffic lanes in
their gasoline filling station. During last year's negotiations, limited efforts the North and South bound directions on Elmwood.
were made to placate our concerns. To date, TOPS has failed to meet the ii. High volume of car traffic at morning and evening commute rush hours,
following promises they made re, Item No. 162: and at evening, weekend and holiday peak shopping hours.
• Create an eighteen foot easement along the southern portion of their These delays would not disappear should a fire station be built at this
property to accommodate the Scajaquada Pathway Extension and buffer location; more likely these delays would lengthen fire response time and
allow more loss of life and property. Traffic accidents would be more likely M HOLTZ-TOWN OF CHEEKTOWAGA-A PUBLIC HRG-AMEND
to occur in the near vicinity of the proposed fire station due to the ZONING LAW
additional fire vehicles. Enclosed please find a certified copy of the resolution(s) adopted by the
2.) This location, if developed as a fire station, would be removed from the Cheektowaga Town Board on April 5, 2004 regarding:
tax roles. Its unique and unparalleled location would seem to be more 1. Call for Public Hearing for Local Law Intro 2004-3 entitled, "A Local
conducive to a commercial/retail location that would capitalize on the other Law to Amend a Local Law Relating to Zoning."
recent, shopping developments in the Elmwood/Delaware corridor. A BY ORDER OF THE TOWN BOARD
commercial/retail usage would result in tax payments to support Buffalo's OF THE TOWN OF CHEEKTOWAGA
infrastructure. ERIE COUNTY, NEW YORK
3.) Fire Stations #12, 36 and 26 may close as a result of new location MARY . HOLTZ
development. A public, well advertised, process for prompt sale and TOWN CLERK
re-use of these properties should be set in place. This would provide RECEIVED AND FILED
positive community development and value received in return for the
long-term public investment in these buildings. Examples to aspire to and No. 67
emulate include the Chemical #5 on Cleveland, the former firehouse on K. McCartney
Amherst and Dearborn Streets, and AIDS Community Service/JAL on Info – Incident 1134 E Delavan Ave
Tupper St. These and numerous other national examples illustrate that This is in response to a request made by Councilmember Richard
adaptive re-use of firehouses can help neighborhoods remain viable and Fontana on April 6, 2004, regarding the removal of 10 pit bulls from 113 4
cities remain solvent. E. Delavan Avenue.
In consideration of the above, we would like to request your support and On the evening of March 29, 2004, a dog control officer seized ten pit
help to do the following: bulls from the yard of 1134 E. Delavan.
Re-open the location selection process to objectively consider other safer Upon investigating this situation, and examining the facts, it has been
spots, with the highest priority being placed on existing City property (to determined an illegal search and seizure had taken place. In actuality
reduce costs). These locations could include the parking lot of West three adult pit bulls, all of which had valid licenses and rabies shots with
Hertel Middle School, vacant industrial land on Chandler Street, Hertel license tags affixed to their collars were removed, along with seven pit bull
across from Extreme Wheels, Kmart Parking lot on Hertel, the old puppies under the age of four months. All of the dogs removed were in
Ukrainian Church on Grant St. good health and showed no visible signs of fighting or injury.
Introduce legislation with the above considerations to assure that the new Contrary to information contained in a Buffalo News Article of March 31,
location is chosen in a manner that assure, minimum City Court maximum 2004 the dogs showed no sign of aggression. We have no evidence that
traffic & public safety protection. A new traffic study with current traffic they were aggressive or dangerous. There were no battle scars. I
patterns, volumes, and origin/destination should be conducted to provide personally inspected these premises to see for myself the true conditions
a proper basis for the best locations of the fire protection coverage area. these animals were being kept in. I found the yard to be clean, the animals
In closing, we wish to re-iterate our support for the development of the had adequate shelter, and the chains they were affixed to of normal
best possible fire facilities for our neighborhood and City. As local weight, which is in contradiction to the facts portrayed in the Buffalo
businesses and residents we both fund and rely upon the Buffalo Fire News. There was no car axle, or car tow chains, it is important to note,
Department. We stand ready to assist in any way we can to help in that all of these animals were found to be in good physical condition. If in
creating a state-of-the-art fire fighting facility. We look forward to working fact, I had found any evidence of animal cruelty, or crimes being
with you, and hearing your thoughts on the above issues. committed, I would have legally kept the animals, and had seen that the
Very sincerely yours, police filed animal cruelty charges. Also, no one involved with the
REFERRED TO THE COMMITTEE ON BUDGET situation, including the police, have filed charges.
In summary, this office found no legal grounds to keep these animals and
NO. 65 was forced to return them in compliance with New York State Agriculture
D. GROSS-USPS STREET NAME CHANGE NORMAL AVE BETWN & Markets current case law. I advised the owner that at the age of four
PENN/PORTER TO KLEINHANS PLACE months all dogs are required by law to have a valid New York State
Dear Mark: license and rabies. Currently, under the zoning ordinances, when the
This is in reply to your recent corre5pordence requesting comments puppies reach four months of age, he will far exceed the number of
regarding "Street Name Change – Normal Avenue between between animals allowed on this property. I will do a follow up to make sure that
Pennsylvania and Porter to "Kleinhans Place," (Hrg. 4/13) (#145 C.C P. these dogs will not be housed there long term.
March 30,2004). If you have further questions regarding this matter, please feel free to
Our investigation revealed that currently there are six delivery points on contact me at 851-5694.
this block (numbers 2, 14, 47, 48, 50, and 54). RECEIVED AND FILED
Because the number of affected residents is minimal and because the
proposed change is for a block at the beginning of Normal Avenue's NO. 68
number sequence, we think we can implement the change with minimal B. Davis - M. Jones & O-Req. Comp. For Gas Cut-off - Sherman
disruption of service to the residents. Street"
However, we once again want to remind the Council that the renaming of (# 66 C P March 30, 2004)
streets with residential and/or business deliveries is discouraged by the I received your request for Information regarding the gas service
Postal Service because it inevitably results in major, long-term service interruptions on Sherman Street. As you may be aware, the Buffalo Water
disruptions, increased handling costs, and dissatisfied customers. And, Authority experienced a water main break which created major problems
street name changes confuse out-of-town residents, whose maps do not to gas delivery in that neighborhood. There were no apparent problems
have the new street name. prior to the water main break and we were not aware of any problems with
Accordingly, we endorse the proposed change for this block, with the the pipeline integrity until that time.
reservation that it will not be considered as a precedent for any future As soon as National Fuel was made aware of the outages, our employees
proposals for street name changes. worked extensively to get the residents back into service. I understand the
Rather, we continue to endorse the concept of adding 'trallblazer" signs residents' concerns; however, National Fuel must respectfully deny
beneath the current street signs to honor individuals or landmarks, rather liability in this matter. Our tariff, which is filed with the New York State
than renaming streets completely. Public Service Commission, states that National Fuel will endeavor at all
Sincerely, times to provide regular and uninterrupted service, but in case service
Donald L. Gross shall be defective or be interrupted, curtailed or restricted or shall
REFERRED TO THE COMMITTEE ON LEGISLATION otherwise fail from causes beyond the Company's control, the Company is
not responsible.
NO. 66 I sincerely apologize for imposing on the patience of your constituents and
our customers and regret any inconvenience they have experienced.
.
Providing quality and fellable service -is a top priority at National Fuel and the late summer of 2004 and be completed by the end of the year. If the
we have just finished a gas mainline replacement on Sherman Street to Interim Remedial Measure addresses environmental concerns at the park,
ensure that our customers do not have to experience these outages in the it may become the final remedy for the site.
future. WHO SHOULD I CALL IF I HAVE QUESTIONS ABOUT THE BOONE
I trust this addresses your concerns regarding this matter. If I can assist PARK SITE?
any further or answer any questions, please do not hesitate to contact me Project related questions Environmental related questions
at 857-7780. Edward Porter Gregory Sutton, P.E.
REFERRED TO THE COMMITTEE ON LEGISLATION Dept of Public Works NYSDEC
612 City Hall 270 Michigan Ave
NO. 69 Buffalo, N.Y. 14202 Buffalo, N.Y. 14203
UPCOMING BROWNFIELDS 851 -5014 851-7220
SITE INVESTIGATION & REMEDIATION Health related questions
BOONE PARK – GERMANIA & BOONE STREETS Cameron O'Connor
INTRODUCTION NYSDOH
A environmental investigation and clean up is being conducted at Boone 584 Delaware Ave
Park by the City of Buffalo's Department of Public Works, in partnership Buffalo, N.Y. 14202
with the New York State Department of Environmental Conservation 847-4385
(NYSDEC). The work will be done under New York State's 1996 Clean DEFINITIONS
Water/Clean Air Bond Act "Environmental Restoration Program". Availability A scheduled gathering of program staff and members of the
WHAT IS THE PURPOSE OF THE INVESTIGATION? The purpose of public in a casual setting, without a
this investigation is to collect supplemental soil samples to determine the Session formal presentation or agenda but usually focussing on a
depth of arsenic contamination in the park. Once the sampling is specific aspect of a site's remedial process.
completed, engineering plans and specifications will be prepared and a Site Investigation The SI fully defines and characterizes the type and
construction contractor will be hired to remove the contaminated soil and extent of contamination at the site. The
restore the park for recreational use. Remedial RAR, which may be conducted during or after the SI, uses
BACKGROUND information developed during the Sl
Boone Park is a 3.9 acre City park situated on the south side of the City of Alternatives to develop alternative remedial actions to eliminate or reduce
Buffalo. The property is located in a residential area and has been a park the threat of contamination to
since the early 1950's. In 1999 and 2001, soil sampling was conducted by Report (SI/RAR) public health and the environment.
the United States Environmental Protection Agency (USEPA) and the City interim Remedial A discrete action which can be conducted at a site
of Buffalo as part of other environmental studies in the South Buffalo relatively quickly to reduce the risk to
Area. The results of those studies showed elevated levels of arsenic in Measure (IRM) people's health and the environment from a well-defined
soils in the baseball field areas. The park was subsequently closed by the contamination problem. An IRM can involve removing contaminated soil
City, in consultation with the New York State Department of Health, and and drums, providing alternative water supplies or securing a site to
remains closed today. prevent access. In certain cases an IRM may also become the final
DETAILS OF THE INVESTIGATION AND CLEAN UP remedy.
Based on the existing environmental data, it is anticipated that the cleanup DOCUMENT REPOSITORIES: Public understanding and involvement
will consist of excavating about six (6) to eighteen (18) inches of surface are important to the success of New York Brownfields program. To keep
soil. The exact depth of the soil removal will be determined once the you informed, the City of Buffalo and NYSDEC has established a local
additional sampling is completed. document repository for this site and have placed site documents in it for
Drilling of about twenty (20) soil borings to collect samples of subsurface your review. The local document repositories for this site are at:
soils at varying depths below the park surface. Erie Co. Dudley Branch Library 20 10 South Park Avenue 716-823-1854;
Drilling of four (4) temporary groundwater monitoring wells to collect or,
groundwater samples. by appointment only, NYSDEC's Buffalo Office 270 Michigan Avenue
Chemical analysis of the approximately 40 soil and groundwater samples Buffalo, NY 14203 (716) 851-7220
collected from the site. RECEIVED AND FILED
Development of engineering plans and specifications to remove the
contaminated soil as an Interim Remedial Measure. NO. 70
The excavated areas will be backfilled with clean topsoil from an off-site Alternatives to Water Merger
source. My husband and I watched the Common Council meeting of 3/16/04 on
The recreational facilities will be restored. the Government channel and we are excited about your views on keeping
PUBLIC INFORMATIONAL MEETING the Water department and selling water to the suburbs as a source of
An Availability Session will be scheduled in the Summer 2004 to present revenue,
the results of the sampling and the plans for the clean-up and restoration My husband, Leonard, is Acting Water Treatment Supervisor and I am an
of the park area as an Interim Remedial Measure. At the meeting the City Associate Account Clerk in the Division of Audit. My husband knows what
of Buffalo, NYSDEC and New York State Department of Health a gem our water services are and we are glad you are exploring another
(NYSDOH) representatives will be available to answer questions direction other than merger with Eric County.
regarding the proposed work. My husband is available to answer any questions you may have: 851-4726
WHAT IS THE NEXT STEP? or our home number, 824-9223.
It is estimated that it will take about two to three weeks to complete the RECEIVED AND FILED
investigation activities, which is scheduled to begin in April 2004. Upon
completion of the sampling activities and receipt of the data from the PETITIONS
laboratory, the City's consultant engineer will prepare a report
summarizing the results. The report will be reviewed by the City, NO. 71
NYSDEC & NYSDOH. Because of the fundamental nature of the R. LUCCHINO,OWNER, USE 235 DELAWARE FOR LCD
clean-up (surface soil removal) the City's consultant will also begin VIDEO BOARD POLE SIGN.
preparing draft plans and specifications at the same time the investigation (HRG. 4/20)
report is being finalized. The plans and specifications will stipulate what REFERRED TO THE COMMITTEE ON LEGISLATION, CITY
procedures the contractor must follow when cleaning up the park. Copies PLANNING BOARD AND CORPORATION COUNSEL.
of the investigation report and the draft plans and specifications will be
placed in the project repository for public review once they are complete. NO. 72
These documents should be available for public review in early summer M. GOLDMAN, OWNER, USE 245 ALLEN STREET FOR A
2004. It is anticipated that remedial construction activities could begin in SIDEWALK CAFE.
(HRG. 4/20) This is a claim for damages to a 2001 Chevrolet Cavalier sustained on
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY February 24, 2004, on Edgewood Street near Abbott Road. $745.15
PLANNING BOARD AND CORPORATION COUNSEL. B. 6. Swift Transportation Company, P.O. Box 29243, Phoenix, Arizona
85038-9243
NO. 73 On May 23, 2002, a tractor-trailer owned by Swift Transportation
L. DiGregorio, Use 25 Mergenhagen St.- Company was involved in an accident on William Street near Fillmore
Illuminated Ground Sign Avenue. $6,000.00
The attached is for Common Council Approval; but per Permits, no public B. 7. Florence Wiechec, 190 Floss Avenue, 14215
hearing is required. This is a claim for damages to claimant's electrical wires at 190 Floss
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY Street. $1,200.00
PLANNING BOARD AND CORPORATION COUNSEL. B. 8. Karen Zwolinski, 358 Germania Street, 14220
This is a claim for reimbursement of damages sustained to claimant's
NO. 74 garage on November 13, 2003. $750.00
J. Hogan, Owner, Use 155 Summer-Ground Sign That checks be drawn on the account of Org 17221008 (480205)
The attached is for Common Council Approval; but per Permits, no public Judgment and Claims Prior Years, or (480204) Current Fiscal Year,
hearing is required. payable to the respective claimants or plaintiffs and their attorneys, if any,
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY herein above named, in the amounts set opposite their names and
PLANNING BOARD AND CORPORATION COUNSEL. delivered to them upon execution and delivery to the Corporation Counsel
of proper releases where such releases are indicated.
NO. 75 Passed
D. FRANCZYK AYES - 9 - NOES - 0
S. LEVY & OTHERS
EXPRESS SUPPORT ANIMAL CONTROL PROTECTION REFORMS No. 78
WE,THE UNDERSIGNED,EXPRESS OUR SUPPORT FOR THE DOG Miscellaneous Invoices
AND ANIMAL CONTROL AND PROTECTION REFORMS HERE TO That upon the recommendation of the Corporation Counsel and the
ATTACHED SPONSORED BY DAVID FRANCZYK appropriate City Departments, the following claims be paid:
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW C. 1. Buffalo News, One News Plaza, P.O. Box 100, 14240
REFERRED TO THE COMMITTEE ON LEGISLATION This is a, claim for payment of prior fiscal year invoices, Invoice No.
17099 (City of Buffalo Master Electrician Licenses Examination
Regular Committees Announcement) and Invoice No. 56989 (City of Buffalo Department of
Permit and Inspection Services, Division of Inspections, Licenses and
CLAIMS Permits Invitation to Bid). $1,019.60
(James D. Griffin, Chairman) C. 2. Manufacturers and Traders Trust Company, P.O. Box 767, 14240
This is a claim for payment of prior fiscal year invoices for lock box
no. 76 charges provided to the City of Buffalo for April, May and June, 2003, for
Personal Injury Account No. 58195. The Treasury Department did budget for this cost in
That, upon the recommendation of the Corporation Counsel, the following Account No. 11556006/432001 but received the invoice to late to be able
actions for personal injury arising out of alleged negligence on the part of to use the funds from this account to pay for 2002/03 invoices.
the City of Buffalo, be $12,639.12
compromised and settled: C. 3. Morris, Cantor, Lukasik, Dolce & Panepinto, 1000 Liberty Building,
A.I .Brenda Frazier vs. City of Buffalo $1,000.00 420 Main Street, 14202
A.2.Jay W. Heckman vs. City of Buffalo $700.00 This is a claim for payment of prior fiscal year Invoice Nos. 12107, 12240
A.3.Austin Iheke vs. City of Buffalo $167,500.00 and 12420 for legal services rendered to the Department of Law. $390.00
A.4.Timothy O'Connor vs. City of Buffalo $ 2,500.00 C. 4. Safety Kleen, P.O. Box 382066, Pittsburgh, PA 15250
That checks be drawn on the account of Org 17221008 (480205) This is a claim for payment of prior fiscal year Invoice No. 00014790774
Judgment and Claims Prior Years, or (480204) Current Fiscal Year, for services rendered to Parking Enforcement. $263.90
payable to the respective claimants or plaintiffs and their attorneys, if any, That checks be drawn on the account of Org 17221008 (480205)
herein above named, in the arnounts set opposite their names and Judgment and Claims Prior Years, or (480204) Current Fiscal Year,
delivered to them upon execution and delivery to the Corporation Counsel payable to the respective claimants or plaintiffs and their attorneys, if any,
of proper releases and closing papers. herein above named, in the amounts set opposite their names and
PASSED delivered to them upon execution and delivery to the Corporation Counsel
AYES - 9 - NOES - 0 of proper releases where such releases are indicated.
Passed
NO. 77 AYES - 9 - NOES - 0
Property Damage Mr. Davis is recorded in the Negative on Items C1- C3 only
That, upon the recommendation of the Corporation Counsel, the following
actions for personal injury arising out of alleged negligence on the part of No. 79
the City of Buffalo, be compromised and settled: Miscellaneous Refund/Reimbursement
B. 1 William Burdick, 354 Rhode Island Street, 14213 On November 29, That upon the recommendation of the Corporation Counsel and the
2003 at 354 Rhode Island Street. A city owned lamppost fell on said appropriate City Departments, the following claims be paid:
vehicle. $360.47 D. 1. John N. Barile, 4609 Abbott Road, 14127
B. 2.Dorothy Coyne, 81 Red Jacket Parkway, 14220 This is a claim for reimbursement of claimant being overcharged by the
This is a claim for replacement of a tire, which was destroyed on billing office of the garbage tote section of the Department of Public
December 29, 2003 in front of 85 Red Jacket Parkway. $79.49 Works, Parks and Streets. $49.55
B. 3. Philip C. Gramaglia, 328 Bedford Avenue, 14216 D. 2. Anthony J. Connors, 3661 Sowles Road, 14075
This is a claim for damages to a 1998 Chevrolet Pick-up that occurred on This is a claim for reimbursement of eighty percent (80%) of medical
January 19, 2004 at the Broadway Garage. $2,020.96 co-pays by a retiree of Local 264 of the City of Buffalo. Pursuant to an
B. 4. Srikanth Kuppum, I LeBrun Road, Apt. #12, 14215 agreement reached between the City and the Union, the employees are
This is a claim for reimbursement of a broken window on a 1998 Honda, entitled to this. This covers the period from April 1, 2003 through June 30,
which occurred at the Dart Street Garage in January, 2004. 2003 which is in a prior fiscal year and must now be paid through claims.
$132.00 $1,680.00
B. 5. Jennifer Norris, 97 Rutland Street, 14220 D. 3. April Delaney, 13 Donaldson Road 14208
This is a claim for reimbursement of parking fees paid to the City of That the above item be and the same hereby is received and filed.
Buffalo December, 2003 in the amount of $715.00. Ms. Delaney bid on a ADOPTED
house at the foreclosure sale October,2003 and placed a deposit on the
house. Subsequently, she was informed that she owed $715 in old No. 84
parking tickets, which she was never aware of She could not have a Drug Asset Forfeiture Checks Received (Pol)
hearing with the Parking Violations Bureau in time to avoid losing her (CCP#22-Feb. 17, 04)
deposit on the house so she paid the fine. A hearing officer later found That the above item be and the same hereby is received and filed.
her not guilty of the fines. $715.00 ADOPTED
D. 4. William L. Earthman, 52 Blake Street, 14211
This is a claim for reimbursement of monies paid for refurbishing the No. 85
house located at 212 Rodney Street. $3,153.58 Response-Drug Asset Forfeiture Funds (Pol)
D. 5. John J. Flood, 2772 Cloverbank Road, 14075 (CCP#37-Mar. 16, 04)
This is a claim for reimbursement of eighty percent (80%) of medical That the above item be and the same hereby is referred to the Special
co-pays by a retiree of Local 264 of the City. Pursuant to an agreement Committee on Budget.
reached between the City and the Union, the employees are entitled to ADOPTED
this. This covers the period from April 1, 2003 through June 30, 2003
which is in a prior fiscal year and must be paid through the claims No. 86
process. $33.60 Water Rate Increases
That a check be drawn on the account of Org 17221008 (480205) (CCP#124-Mar. 16,04)
Judgment and Claims Prior Years, or (480204) Current Fiscal Year, That the above item be and the same hereby is received and filed.
payable to the respective claimants or plaintiffs and their attorneys, if any, ADOPTED
herein above named, in the amounts set opposite their names and
delivered to them upon execution and delivery to the Corporation Counsel No. 87
of proper releases where such releases are indicated. D. Norman-Univ. Drug Store-Info.-Obt. Prescription Drug Needs
Passed from Canada
AYES - 9 - NOES - 0 (CCP#45-Feb. 3, 04)
That the above item be and the same hereby is referred to the
No. 80 Special Committee on Budget.
Report to the Claims Committee ADOPTED
E. 1. James Eagan, 63 Evanston Place, 14220
This is being placed on the agenda for discussion. The item was NO. 88
previously recommitted per Item No. 63, CCP February 17, 2004. M. COPPOLA-FDA, WISCONSIN-SPAR. OVER WEB
This is a claim for reimbursement for a hot water tank, which was SITE-PURCHASE OF PRES. DRUGS FROM CANADA
mistakenly taken off of the front lawn by Street Sanitation workers on (CCP#54-MAR. 30,04)
December 3, 2003 at 63 Evanston Place. Mr. Eagan had purchased this That the above item be and the same hereby is referred to the Special
tank two days previous and was preparing to bring it back to the store for Committee on Budget.
credit because it was defective. It was reported to the Streets Department ADOPTED
shortly after it was taken. $386.70
That a check be drawn on the account of Org 17221008 (480205) NO. 89
Judgment and Claims Prior Years, or (480204) Current Fiscal Year, CONSIDER IMPLEMENTING A CANADIAN PRESCRIPTION DRUG
payable to the respective claimants or plaintiffs and their attorneys, if any, PROGRAM
herein above named, in the amounts set opposite their names and (CCP#104-MAR. 2, 04)
delivered to them upon execution and delivery to the Corporation Counsel That the above item be and the same hereby is referred to the Special
of proper releases where such releases are indicated. Committee on Budget.
Passed ADOPTED
AYES - - NOES - 0
NO. 90
No. 81 M. COPPOLA-B. SANDERS-"MEDICARE NOMINEE BACKS DRUG
Report to the Claims Committee IMPORTS"
E. 2. John Marchese, 87 Gibson Street 14212 (CCP#55-MAR. 16,04)
This is being placed on the agenda for discussion at the request of That the above item be and the same hereby is referred to the Special
Council President David Franczyk. On September 10, 2003 a fire started Committee on Budget.
in a city-owned house at 72 Lombard Street. In attempting to contain the ADOPTED
fire, the Fire Department broke down a fence and gate at the adjacent
property commonly known as 87 Gibson Street. Mr. Marchese has NO. 91
submitted an estimate from P $2,450.00 REMOVAL OF EQUIPMENT - DIVISION OF PARKS & RECREATION -
Mr. Griffin moved that the above item be recommitted to the Committee on DELAWARE PARK LABOR CENTER
Claims. (ITEM NO. 23, C.C.P., MAR. 2, 2004)
ADOPTED. That the above item be, and the same hereby is returned to the
Common Council without recommendation.
FINANCE Mr. Davis Moved:
(Brian C. Davis, Chairman) That the Commissioners of Public Works, Parks and Streets
and General Services, be and they hereby are authorized to remove the
No. 82 items as fisted in the above communication, from inventory identified as
Abandonment/Sale of Sch. Bldgs. & Other Pub. Real inoperable and unrepairable due to obsoletion at the Delaware Park Labor
Property (Strat. Plan) Center.
(CCP#3-Mar. 2, 04) Passed.
That the above item be and the same hereby is received and filed. AYES-9. NOES-0.
ADOPTED
NO. 92
No. 83 MEDICAL INSURANCE SAVINGS
Abatement of Accounts Receivable Invoices from MUNIS (A&F) (CCP#146-MAR. 16,04)
(CCP#43-Mar. 16, 04)
That the above item be and the same hereby is referred to the Special CARRIED.
Committee on Budget. Mr. Fontana moved that the above item be recommitted to the
ADOPTED Committee on Legislation.
ADOPTED.
NO. 93
M. COPPOLA-R. EHLERS-INFO. GOVERNMENT ACQUISITIONS, NO. 99
INC. S. BRUCATO, PETITION TO USE 1281 HERTEL AVENUE -
(CCP#54-MAR. 16, 04) RESTAURANT EXPANSION/OUTDOOR PATIO
That the above item be and the same hereby is received and filed. (ITEM NO. 65, C.C.P., MAR. 30, 2004)
ADOPTED That after the public hearing before the Committee on
Legislation on April 6, 2004, the petition of S. Brucato, agent, for
NO. 94 permission to use 1281 Hertel Avenue for a restaurant expansion/outdoor
MONTHLY RPT. FROM DIV. OF CIT. SVS.-FEB. 2004 (CIT. SVS.) patio be, and hereby is approved.
(CCP44-MAR. 16, 04) Passed.
That the above item be and the same hereby is received and filed. AYES-9. NOES-0.
ADOPTED
NO. 100
NO. 95 R. MOORE- REQ. RENEW APPL. - KALEIDA HEALTH-WOMEN AND
CAZENOVIA PARK HOCKEY ASSOCIATION - REQUEST TO WAIVE CHILDREN'S HOSP. - HELIPAD
FEES (ITEM NO. 74, C.C.P., MAR. 30, 2004)
(ITEM NO. 25, C.C.P., MAR. 30, 2004) That the above item be, and the same hereby is returned to the
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Common Council without recommendation. Mr. Fontana moved that the above item be recommitted to the Committee
Mr. Davis Moved: on Legislation
That the Commissioner of Public Works, Parks and Streets, ADOPTED.
be, and he hereby is authorized to waive $14,102-50 in fees owed to the
City for the use of the Cazenovia Park Ice Rink by the Cazenovia Park NO. 101
Hockey Association. A. GIACALONE- REQ. RENEW APPL, - KALEIDA HEALTH-WOMEN
Adopted. AND CHILDREN'S HOSP. -
HELIPORT
NO. 96 (ITEM NO. 53, C.C.P., MAR. 2, 2004)
TRANSFER OF TITLE 110 LOCUST (ITEM NO. 75, C.C.P., MAR. 30, 2004)
(#124,3/30) That the above item be and the same hereby is returned to the
(#102,11/25) Common Council without recommendation.
(#159,9/16) Mr. Fontana moved that the above item be recommitted to the Committee
(#15,5/27)(STRAT PLAN) on Legislation
Mr. Davis moved: ADOPTED.
That the Common Council designates 110 Locust Street or homestead
property and hereby approves the transfer to Angela Middlebrooks on the NO. 102
conditions that the property is cleaned and improved within 6 months and W. DANGLER - KALEIDA HEALTH-WOMEN AND CHILDREN'S
maintained in a sanitary manner. HOSP. - HELIPAD SUMM. REPORT -3/04
PASSED (ITEM NO. 56, C.C.P., MAR. 30, 2004)
AYES - 9 NOES - 0 That the above item be, and the same hereby is to the Common
Council without recognition.
NO. 97 Mr. Fontana moved that the above item be recommitted to the Committee
TRANSFER OF TITLE-UHP- 110 LOCUST on Legislation
(# 103,11/25)(4160,9/16)(# 16,5/27)(STRAT. PLAN) ADOPTED.
(CCP#125-MAR. 30,04)
That the above item be and the same hereby is received and filed. NO. 103
ADOPTED J. PEZZINO, PETITION TO USE 1456 A/K/A 1458 HERTEL AVENUE -
SIDEWALK PATIO
LEGISLATION (ITEM NO. 68, C. C. P., MAR. 16, 2004)
(RICHARD A. FONTANA, CHAIRMAN) That after the public hearing before the Committee on
Legislation on March 23, 2004, the petition of J. Pezzino, agent, for
NO. 98 permission to use 1456 a/k/a 1458 Hertel Avenue for a sidewalk patio be,
REQUEST STREET NAME CHANGE OF NORMAL AVENUE and hereby is approved.
BETWEEN PENNSYLVANIA AND PORTER TO "KLEINHANS Passed.
PLACE" AYES-9. NOES-0.
CCP# 145 -MARCH 30, 2004
That the above item be and the same is returned to the Common NO. 104
Council without recommendation. P. ROWELL, JR., PETITION TO USE 283 MAIN - PROJECTING SIGN
A public hearing has been set, before the Common Council, at & WALL LETTERING
this regularly scheduled meeting, on the above item, and a Notice of same (ITEM NO. 71, C.C.P., MAR. 16, 2004)
has been published in the Buffalo News for two consecutive weeks, a That the petition of P. Rowell, Jr, agent for permission to use
copy of which is attached hereto. 283 Main -Projecting Sign & Wall Lettering be, and hereby is approved.
On a motion by Mr. Coppola, seconded by Mr. Bonifacio, the item Passed.
is properly before the Common Council, and the hearing is opened. AYES-9. NOES-0.
CARRIED.
Appearances - NO. 105
In Favor: Jennifer Hurley F. CLARK-EC DISTRICT ATTNY. -INFO. -PROJECT EXILE
Opposed: Michael Miano (CCP#53-MAR. 30, 04)
Mr. Coppola moved that the hearing be closed. Seconded by That the above item be and the same hereby is received and filed.
Mr. Bonifacio. ADOPTED
Washington Street at said address, subject to the following
NO. 106 conditions:
INCREASE FINES/FEES ASSOCIATED W/DOG CONTROL 1. That the applicant obtains any and all other City of Buffalo approvals
VIOLATIONS and/or pen-nits necessary for said installation.
(CCP#126-SEPT. 3, 03) 2. That the awning be installed exactly as shown on plans submitted to
That the above item be and the same hereby is received and filed. and approved by the Department of Permit and Inspection Services.
ADOPTED 3. That the applicant be responsible for maintenance of the awning as
long as it remains within City right-of-way.
NO. 107 4. That the applicant obtains an annual license to occupy City right-of-way
INCREASE FINES/FEES ASSOCIATED W/DOG CONTROL at a cost of $ 100. 00 per year as described in part H. of the chapter of
VIOLATIONS (POL.) the City
(CCP#37-SEPT. 17, 03) Charter.
That the above item be and the same hereby is received and filed. 5. That, in the event that the Commissioner of Public Works, Parks and
ADOPTED Streets determines the encroachment must cease as a result of factors
effecting the health, safety and welfare of the public, or the needs of the
NO. 108 City, said Commissioner may order the immediate removal of the
INCREASE FINES/FEES ASSOCIATED W/DOG CONTROL encroachment as described in Chapter 413-67(F) of the City Charter.
VIOLATIONS (A&F) 6. That the applicant supply the Department of Public Works, Parks and
(CCP#51 -OCT. 1, 03) Streets with a five thousand dollar ($5,000.00) construction in street bond
That the above item be and the same hereby is received and filed. or certificate of insurance which will indemnify and save harmless the City
ADOPTED of Buffalo against any and all loss and damage arising out of the
construction, maintenance, use and removal of said elevated awning.
NO. 109 PASSED
DOG CONTROL VIOLATIONS (LAW) AYES - 9 NOES - 0
(CCP#33-APR. 29, 03)
That the above item be and the same hereby is received and filed. NO. 116
ADOPTED SECONDHAND DEALER - 397 NIAGARA STREET
(ITEM NO. 35, C.C.P., MAR. 30, 2004)
NO. 110 That pursuant to Chapter 254 of the City Code, the Commissioner of
INFO.-DOG VIOLATION (A&F) Permit & Inspections Services be, and he hereby is authorized to grant a
(CCP438-MAR. 30,04) Secondhand Dealer license to Karen Falzone d/b/a Exotica Beachwear
That the above item be and the same hereby is received and filed. Inc. located at 397 Niagara Street.
ADOPTED PASSED
NO. 111 AYES - 9 NOES - 0
REVISED FINES AND FEE PROPOSAL FOR DOGS
(ITEM NO. 51, C. C. P., MAR. 3 0, 2004) NO. 117
That the Corporation Counsel be, and he hereby is authorized WHOLESALE JUNK DEALER - 620 OLD BAILEY AVENUE
to prepare an Ordinance Amendment to include the revised fee schedule. (ITEM NO. 3 7, C. C. P., MAR. 3 0, 2 004)
Adopted That pursuant to Chapter 254 of the City Code, the Commissioner of
Permit & Inspections Services be, and he hereby is authorized to grant a
NO. 112 Wholesale Junk Dealer license to William O'Connell d/b/a Riverside
B. DAVIS-J. BORMNAN, ETC.-COMMENTS-PUB. HRG.-ADDRESS Towing & Recovery located at 620 Old Bailey Avenue.
HRG./SVS.-VERIZON PASSED
(CCP#55-MAR. 30, 04) AYES - 9 NOES - 0
That the above item be and the same hereby is referred to the Committee
on Finance. COMMUNITY DEVELOPMENT
ADOPTED (JOSEPH GOLOMBEK JR., CHAIRMAN)
NO. 113 NO. 118
TYSON FOODS EXPANSION (FILLMORE DISTRICT) A. THOMPSON-COB STRATEGIC PLAN FOR COMM. EC. DEV.
(ITEM NO. 34, C.C.P., MAR. 16, 2004) (CCP#41-JAN. 20, 04)
That the above item be, and the same hereby is returned to the That the above item be and the same hereby is referred to the Special
Common Council without recommendation. Committee on Minority Business Enterprise.
Mr. Fontana moved: ADOPTED
That the above mentioned item be and the same is hereby received and
filed. NO. 119
Adopted. NYS EMPIRE ZONE #38 & 74 - REVISION TO BOUNDARY
DESCRIPTION (B.E.R.C.)
NO. 114 (ITEM NO. 46, C.C.P., MAR. 16, 2004)
NOTIF SERIALS #9932 & #9933 (PW) (FILLMORE) (ITEM NO. 109, C. C. P., MAR. 3 0, 2004)
(CCP#24-MAR. 30,04) That the above item be, and the same hereby is returned to the
That the above item be and the same hereby is received and filed. Common Council without recommendation.
ADOPTED Mr. Golombek moved that the above item be recommitted to the
Committee on Community Development.
NO. 115 ADOPTED.
ENCROACH 283 MAIN STREET - AWNING
(ITEM NO. 31, C. C.P., MAR. 3 0, 2004)
That the Commissioner of Public Works, Parks and Streets be, NO. 120
and he hereby is authorized to issue a "mere license" to Mr. Marty NYS EMPIRE ZONE #38 & 74 - REVISION TO BOUNDARY
Kohler, of Kohler Awning, acting as agent for Ellicott Group, DESCRIPTION
owners of the Ellicott Square Building, located at 283 Main Street, (ITEM NO. 122, C.C.P., MAR. 16, 2004)
to install an awning, which would encroach city right-of-way on (ITEM NO. I 10, C.C.P., MAR. 30, 2004)
That the above item be, and the same hereby is returned to the B. HIGGINS-OUTER HARBOR IMPROVEMENTS/WATERFRONT
Common Council without recommendation. PARKWAY FACT SHEET
Mr. Golombek moved that the above item be recommitted to the (CCP#44-DEC. 9, 03)
Committee on Community Development. That the above item be and the same hereby is received and filed.
ADOPTED. ADOPTED
NO. 129
NO. 121 WATERFRONT REGENERATION TRUST (CD)
TRANSFER TITLE OF 938 ELLICOTT STREET FROM BURA TO THE (CCP#50-MAY 12, 03)
CITY That the above item be and the same hereby is received and filed.
(ITEM NO. 10, C.C.P., MAR. 16, 2004) ADOPTED
That the above item be, and the same hereby is returned to the
Common Council without recommendation. NO. 130
Mr. Golombek moved that the above item be recommitted to the J. GARDELLA-COMMENTS-HICKORY WOODS COMM.
Committee on Community Development. MTG.-1/29/04 (#42,2/3) (HRG. 3/25)
ADOPTED. (CCP#93-FEB. 17, 04)
That the above item be and the same hereby is received and filed.
NO. 122 ADOPTED
ELLICOTT SQUARE APARTMENT PILOT
CCP# 9 3/30 RESOLUTIONS
Mr. Golombek moved: That the Common Council hereby approves the NO. 131
Pilot agreement between the City of buffalo the County of Erie and the BY: MR. BONIFACIO
Elmwood Square Preservation Housing Development Fund Company THE CITY OF BUFFALO'S EXPECTATION FOR A GRAND PEACE
Inc., and authorizes the City's Executive Director of the Office of Strategic BRIDGE EXPANSION PROJECT
planning Planning to Execute the Agreement. Whereas: An international border crossing project known as the Peace
PASSED Bridge Expansion Project is in the midst of an Environmental Review
AYES - 9 NOES - 0 Process that has narrowed fifty-nine plaza alternatives to three, with a
final bridge and plaza alternative expected to chosen by the end of this
NO. 123 year; and
REQUEST TO ACCEPT 835 NORTHAMPTON STREET FROM Whereas: The City of Buffalo as a voting member of a Partnering Group,
NATIONAL FUEL which also includes Fort Erie and the Buffalo and Fort Eric Public Bridge
(ITEM NO. 11, C. C. P., MAR. 3 0, 2 0 04) Authority, must ratify a final bridge and plaza alternative; and
That the Common CounciI of the City of Buffalo does hereby accept Whereas: The citizens of Buffalo and this region deserve the very best
National Fuel's offer to donate 835 Northampton Street to the City of project imaginable, and the City of Buffalo through our Mayor and
Buffalo for beautification purposes. Common Council will not accept a second-rate project and are united in
PASSED requiring a project which includes:
AYES - 9 NOES - 0 A signature and epic bridge design that all citizens of Buffalo and
Ontario can be proud of, that not only allows for the efficient flow of
NO. 124 international commerce and tourism, but will also serve as the premier
REQUEST TO ACCEPT 835 NORTHAMPTON STREET FROM example of a grand international border crossing throughout the world;
NATIONAL FUEL A grand and unique plaza, which will restore Buffalo's historic Front
(ITEM NO. 163, C.C.P., MAR. 30, 2004) Park, resurrect Fort Porter and Porter Avenue into a parkway, recreate
That the Common Council of the City of Buffalo does hereby accept a new Niagara Street into an "International Gateway" into Downtown
National Fuel's offer to donate 835 Northampton Street to the City of Buffalo, allow for economic development in the City of Buffalo and
Buffalo for beautification purposes. the redevelopment and reinvestment in our West Side neighborhoods,
PASSED and most importantly improve and protect the health, safety and
AYES - 9 NOES - 0 welfare of those residents who live in the Peace Bridge neighborhood;
Whereas: The City of Buffalo believes that a northwest plaza with
NO. 125 appropriate buffering best accomplishes these elements; and
NEGOTIATE PURCHASE OF 2343 BAILEY AVENUE Whereas: The City of Buffalo desires to assist the PBA in accomplishing
(ITEM NO. 13, C.C.P., MAR. 16, 2004) such a project by reaching out to the University at Buffalo's School ofArchitecture and Design to assist in developing the "City's Vision" which
will be presented in the very near future; and
Mr. Golombek moved that the above item be recommitted to the Whereas: The City of Buffalo believes that this Peace Bridge Expansion
Committee on Community Development. Project is so vitally important to the Western NY region and is so uniquely
ADOPTED. grand, that it should be considered and funded as a demonstration project
with the assistance of the Federal and State governments as a model for
NO. 126 future bridge crossing projects throughout the world; and
RESULTS OF NEGOTIATIONS - 742 & 746 SENECA STREETS Now, Therefore Be It Resolved:
(ITEM NO. 16, C.C.P., MAR. 30, 2004) That the City of Buffalo will support a Peace Bridge Expansion Project
That the above item be, and the same hereby is returned to the that sufficiently meets the components of a truly grand project as
Common Council without recommendation. articulated in this resolution; and
Mr. Golombek moved that the above item be recommitted to the Be It Further Resolved:
Committee on Community Development. That the City of Buffalo will develop and present its "Vision" as to its
ADOPTED. expectations of a grand project; and
Be It Finally Resolved:
NO. 127 That the City of Buffalo will aggressively pursue the necessary Federal
NEGOTIATE PURCHASE OF 2343 BAILEY AVENUE and State assistance to fund the Peace Bridge Expansion Project as a
(ITEM NO. 13, C.C.P., MAR. 16, 2004) grand demonstration project to serve as a model for future bridge
That the Director of Real Estate be, and he hereby is authorized to crossing projects throughout the world.
negotiate with Pearl McSpadden for the purchase of 2343 Bailey Avenue ADOPT FINAL 2 RESOLVES; REMAINDER TO COMMITTEE ON
and report back to the Common Council for final determination. COMMUNITY DEVELOOPMENT.
Adopted.
NO. 132
NO. 128 BY: MR. COPPOLA
I
GRANT PERMISSION TO THE OLMSTED CONSERVANCY TO NO. 134
HANG BANNER ACROSS PARKSIDE AVENUE BY: MR DAVIS
Whereas-The Olmsted Conservancy has worked actively to revitalize CAPITAL BUDGET AMENDMENT
the Olmsted Park System-, and Addition to Capital Program 2004
Whereas-They have requested permission to a hang an Olmsted Board of Education
Conservancy Banner across Parkside Avenue,- and That pursuant to §20-28 of the Charter and the Certificate of the Mayor
Whereas: The banner will be up from May 2004 through June 2004 and and the Comptroller submitted to the Common Council, the Capital
will be attached to light standard #63 on the east side of Parkside and to a Program for the fiscal year 2004 be and the same is hereby amended by
wooden post on the west side; and adding the following items under the heading:
Whereas The Olmsted Conservancy has cantacted the City of Buffalo Board of Education
Traffic Engineer and is aware of the requirements for hanging a banner Capital Projects
within the City of Buffalo. Oil Tank Improvements $1,200,00
Now, Therefore, Be It Resolved: Reconstruction Various Schools $3400.00
This Common Council supports the Olmsted Conservancy in its Total $4,700,000
endeavor, and subject to the conditions set forth by the Department of PASSED
Public Works, Parks, & Streets, grants them permission to hang an AYES - 9 NOES - 0
Olmsted Conservancy banner across Parkside Avenue.
PASSED NO. 135
AYES - 9 NOES - 0 SPONSOR: MR. DAVIS
CO-SPONSORS: MR. GOLOMBEK, MRS. RUSSELL, MR. FONTANA
NO. 133 ENFORCEMENT OF ILLEGAL DUMPING ORDINANCES
SPONSOR: MR. COPPOLA WHEREAS: The illegal dumping of garbage is a huge quality of life issue
REQUEST FOR PROPOSALS FOR HEATH CARE PLAN FOR ALL for Buffalo residents; and
CITY EMPLOYEES WHEREAS: In 2003 the Citizen Services Complaint Line received 499
Whereas:The City of Buffalo is in the process of negotiating with the calls regarding illegal dumping; and
various municipal unions the possibility of having one health care provider WHEREAS: Many municipalities around the country have turned to the
for all employees-, and use of surveillance cameras to combat illegal dumping of garbage; and
Whereas: The city feels there are millions of dollars that can be saved by WHEREAS: The Council in its 2004-2005 Fiscal Year Action Plan has
having one company provide health care benefits to its many established the enforcement of illegal dumping ordinances as a priority;
employees and that the change would have no negative impacts on and
the employees and or their families; and WHEREAS: The Council believes that what gets measured gets done
Whereas: At the same time the Administration is discussing this with the and as such the Council requests a monthly report due the tenth day of
union leadership, they are also discussing it with the three each month from the Buffalo Police Department and the Adjudication
providers currently providing benefits to city employees,- and Bureau documenting the number of citations and adjudication's thereof of
Whereas- While the negotiations with these respective providers can be the city's illegal dumping ordinances.
financially beneficial to the city, it may benefit the city further if there was Now Therefore Be It Resolved:
an RFP done to gain more access to the various services and providers That the Council requests the Mayor, the Public Works Department, the
nationwide as well as provide for a more competitive Corporation Counsel's Office, the Police Department and the Adjudication
nature within the process, and Bureau to comment on the feasibility of utilizing surveillance cameras to
Whereas: Rather than concentrate on shaping the provide , the city combat illegal dumping of garbage and that this item be referred to an
should concentrate on shaping the coverage , thereby allowing the best of appropriate Committee of the Council for consideration.
all plans to be shaped into one and requesting that any bidder be required Be It Further Resolved:
to offer within their respective proposal a minimum of That the Council requests a monthly report due the tenth day of each
benefits in the package-, and month from the Buffalo Police Department and the Adjudication Bureau
Whereas: By formulating and advertising an RFP the city should be able documenting the number of citations and adjudication's thereof of the
to offer quality benefits at the same level, if not better, to its city's illegal dumping ordinances.
employees, and through a competitive bid process, achieve the REFERRED TO THE COMMITTEE ON LEGISLATION,
best rate, and COMMISSIONER OF PUBLIC WORKS, CORPORATION COUNSEL
Whereas: Recognizing that providing quality health care benefits to COMMISSIONER OF POLICE, DIRECTOR OF ADMINISTRATIVE
employees at the best possible cost is not going to be very easy in ADJUCATION.
the current climate, and drafting an RFP to address the same will
also be difficult, the city should contact and contract with an NO. 136
independent consultant to help formulate a health care package BY: BRIAN C. DAVIS
that will address the needs of both the employees and the city. PERMISSION TO HANG A BANNER ACROSS DELAWARE AVENUE
Now therefore be it resolved that- IN FRONT OF TRINITY EPISCOPAL CHURCH
This Common Council supports an RFP process for choosing the Whereas: The Trinity Episcopal Church located at 371 Delaware
appropriate health care provider for its municipal employees; and Avenue will be having a Trinity White Elephant Sale; and
Be it further resolved that-. Whereas: To celebrate the event, they would like permission to
The Council requests that the Commissioner of Human Recourses work temporarily hang a banner across Delaware Avenue; and
with an independent health care consultant to draft a medical benefits Whereas: The Trinity Episcopal Church is familiar with the banner
package that accomplishes the mutual goals of providing specific health requirements, and will purchase the necessary bond before the banner is
care benefits to all city employees and at the same time lowers the city's hung;
overall health care costs; and Now, Therefore, Be It Resolved:
Be it further resolved that- That the Common Council of the City of Buffalo grants permission to the
The Commissioner of Human Resources report back to the Common Trinity Episcopal Church to hang a banner advertising the sale; and
Council on the progress made in this effort no later than Thursday, April Be It Further Resolved:
22, 2004, and-, That said banner will hang from April 24 through May 15, 2004; and
Be it finally resolved that- Be It Finally Resolved:
This resolution be sent to the appropriate committee of the Common That the banner meets all the requirements of the Department of Public
Council for further consideration. Works Streets and Parks and that no existing laws are violated.
ADOPT 1ST, 2ND, 3RD RESOLVES; REMAINDER TO SPECIAL PASSED
COMMITTEE ON BUDGET. AYES - 9 NOES - 0
NO. 137 That the Council hereby requests the Mayor to appoint a person with
BY: BRIAN C. DAVIS "experience in the science of water resource development" as required by
PERMISSION TO HANG A BANNER ACROSS DELAWARE AVENUE the Public Authorities Law, to the vacant position on the Water Board,
Whereas: The American Cancer Society will be hosting there Annual subject to confirmation by the Council.
9,h
Be It Further Resolved:
Making Strides Against Breast Cancer Walk in Niagara Square; and
That this item be referred to an appropriate Committee of the Council for
Whereas: To advertise the walk, they would like permission to temporarily
Further consideration.
hang a banner across Delaware Avenue between Niagara Square and
ADOPT IST RESOLVE: REMAINDER TO FINANCE COMMITTEE.
West Eagle Street; and
Whereas: The American Cancer Society is familiar with the banner
NO. 140
requirements, and will purchase the necessary bond before the banner is
SPONSOR: MR. FONTANA
hung;
CO-SPONSORS: MR. BONIFACIO, MR. GOLOMBEK,
Now, Therefore, Be It Resolved:
MRS. RUSSELL, MR. DAVIS
That the Common Council of the City of Buffalo grants permission to the
REQUEST FOR ANALYSIS OF POTENTIAL BROWNFIELD
American Cancer Society to hang a banner advertising the Annual
91h
DEVELOPMENT
Making Strides Against Breast Cancer Walk; and
WHEREAS: The City of Buffalo has 56 brownfield parcels that are five
Be It Further Resolved:
acres or more; and
That said banner will hang from September 6 through October 4, 2004;
th
WHEREAS: The City must have "shovel ready" commercial land and
and
buildings available for Buffalo to compete economically: and
Be It Finally Resolved:
WHEREAS: The Buffalo Economic Renaissance Corporation has set a
That the banner meets all the requirements of the Department of Public
target of bringing 50 acres of cleaned up brownfield land onto the market
Works Streets and Parks and that no existing laws are violated.
each year: and
PASSED
WHEREAS: As identified in Buffalo's Draft Comprehensive Plan, a
AYES - 9 NOES - 0
detailed analysis of brownfield potential with specific recommendations for
short, medium and long-term reinvestment locations is needed;
NO. 138
and
SPONSOR: BRIAN C. DAVIS
WHEREAS: The Council in its 2004-2005 Fiscal Year Action Plan
SPERRY PARK
established the development of "shovel ready" sites as a priority.
Whereas: Sperry Park, which is bordered by Krettaer, Paderewski,
Now Therefore Be It Resolved
Emslie, and
That the Council requests the Mayor to comment on the feasibility of
Sherman Streets, is a park that is well utilized by the community for
creating a plan for developing and marketing brownfield land.
family activities, in addition to City of Buffalo supported events; and
Be It Further Resolved:
Whereas: The Joint School Construction Board (JSCB) is currently
That this item be referred to an appropriate Council Committee for
renovating School #3 1-Stanton Academy and parking their construction
Further Consideration
vehicles on the park land; and
ADOPT 1ST RESOLVE; REMAINDER TO COMMITTEE ON
Whereas: The summer is rapidly approaching and this park should be
COMMUNITY DEVELOPMENT.
accessible to the community; and
Whereas: The JSCB alleges they have been authorized by the City of
NO. 141
Buffalo to stage their equipment and vehicles there.
BY: MR. FRANCZYK
Now Therefore, Be it Resolved:
AND ALL COUNCILMEMBERS
That the Commissioner of Public Works request the JSCB to remove
SUPPORT CONSOLIDATED ECC CAMPUS
their vehicles immediately from Sperry Park and advise this Honorable
WHEREAS: A generation ago, Buffalo was dealt a crushing blow with
body as to the time frame of when such removal will occur.
the ill-conceived location of the University of Buffalo in Amherst, N.Y.;
Be it Further Resolved:
and,
That the Commissioner of Public Works, Parks, & Streets assist the
WHEREAS: Although the UB campus may not return to Buffalo, there is
JSCB in finding an adequate parking and staging site.
an opportunity to undo some of the damage caused by this relocation
Be it Finally Resolved:
through the consolidation of all three Erie Community College campuses
That the JSCB repair Sperry Park back to its' original condition, including
into downtown Buffalo; and,
planting grass, repairing sidewalks & curbs, and park equipment no later
WHEREAS: The County Executive recently advocated the consolidation
then June 1, 2004.
of the ECC campus downtown, which would initiate a $250-million
Brian C. Davis
building program, as well as relocate hundreds of additional students,
Ellicott District Councilinember
professors, staff and support personnel downtown; and,
ADOPTED
WHEREAS: The spin off effect of this consolidation would benefit
downtown stakeholders, business, as well as spurring a catalyst for
NO. 139
possible student and faculty housing; and,
SPONSOR: MR. DAVIS
WHEREAS: Buffalo State College, Canisius College, D'Youville College,
CO-SPONSORS: MR. GRIFFIN, MR. GOLOMBEK, MR. FONTANA
Medaille College, Trocaire College and the remnant of the UB campus are
WATER BOARD APPOINTMENTS
beneficial to the city; and,
WHEREAS: Public Authorities Law Section 1048-f established
WHEREAS: An expanded ECC campus in Buffalo would have a similar
the frame work for creation of a city Water Board; and
beneficial effect; and,
WHEREAS: The Public Authorities Law requires that the Water
WHEREAS: Downtown Buffalo is a convenient drive from virtually
Board consist of seven members appointed by the Mayor and confirmed
anywhere in Western New York, alleviating concerns about commuting
by the Common Council; and
time.
WHEREAS: The Public Authorities Law further requires that at
NOW THEREFORE BE IT RESOLVED:
least one board member shall have "experience in the science of water
That the Common Council supports the consolidation of all three Erie
resource development"; and
Community College Campus into one central ECC campus complex in
WHEREAS: The water board currently has six members serving
downtown Buffalo.
with one position vacant; and
ADOPTED
WHEREAS: In order to be in compliance with the Public
Authorities Law, this Council is requesting the Mayor to submit to the
NO. 142
Council the name of a person with "experience in the science of water
BY: MR. FRANCZYK
resource development" to serve in the current vacant position on the
CASINO IN BUFFALO
Water Board.
Now Therefore Be It Resolved:
WHEREAS: Much discussion has swirled around regarding the location RESOLUTION OF SUPPORT FOR THE ELIMINATION OF THE
for the proposed Seneca Nation of Indians casino; and, SUNSET PROVISIONS OF THE LOCAL GOVERNMENT RECORDS
WHEREAS: The Senecas have initially decided on a site for a casino in MANAGEMENT IMPROVEMENT FUND (LGRMIF) AND THE
Cheekotwaga, which may be in violation of the gambling compact with the CULTURAL EDUCATION FUND (CEF)
State of New York calling for a casino in Buffalo; and, Whereas, the Local Government Records Management Improvement
WHEREAS: Notwithstanding the discussion of the pros and cons of Fund (LGRMIF) was created in 1989 to provide technical assistance and
casino gaming in Buffalo, if a Seneca Casino is a foregone conclusion for grants to establish, improve or enhance records management programs in
the area, it should be in the City of Buffalo, and not elsewhere in Erie New York's more than 4300 local governments, and
County; and, Whereas, the closely related Documentary Heritage Program (DHP) for
WHEREAS: Buffalo has suffered from fifty years of sprawl development grants and technical assistance to non-governmental historical records
and government subsidy for business and residential development outside repositories also is supported by the LGRMIF, and
the urban core; and, Whereas, a sunset date for the LGRMIF was established in the original
WHEREAS: Buffalo, a city under the surveillance of a state control board, legislation to permit its operation as a five-year experiment, and
would benefit fi7om the revenue generated by the Seneca casino, as well Whereas, the New York State Legislature in 1995 twice has extended the
as create jobs for Buffalonians; and, sunset date, Most recently to December 31, 2005, and
WHEREAS: A casino, which entails millions of dollars in investment, Whereas, the LGRMIF has effectively supported essential advisory
could be one of many solutions to help rebuild Buffalo, still the center of services and 6,300 grants totaling over $113 million to improve the
the region; and, management of records for over half of all NYS local governments, and
WHEREAS: Considerable citizen opposition appears to be building in Whereas, the LGRMIF and the programs it supports continue to operate
Cheekowaga for the proposed location of the Seneca Casino; and, at a high standard of excellence and provide direct and significant benefit
WHEREAS: The Common Council has already gone on record in to local governments at no cost to the taxpayers, and
resolution form favoring the Central Terminal in East Buffalo for the Whereas, the City of Buffalo has benefited from technical assistance,
Seneca casino site; and, training, publications and 16-sixteen grants totaling $1,131,838.00
WHEREAS: Other sites proposed have been locations in downtown supported by the LGRMIF, and
Buffalo, the Statler Hotel, waterfi7ont and Memorial Auditorium, which Whereas, the State Legislature created the closely-related Cultural
may be the site of the new Bass Pro store; and, Education Fund (CEF to support the New York State Archives, New York
WHEREAS: Should a Seneca casino become a reality in the region it State Library and New York State Museum on behalf of all New Yorkers,
should be located in the City of Buffalo and only the City of Buffalo, and and the Office for Public Broadcasting, and provided the CEF with an
nowhere else in Erie County; and, identical sunset date, and
NOW THEREFORE BE IT RESOLVED: Whereas, the LGRMIF and the CEF continue to be critically important in
That the Common Council supports the location of a new Seneca Casino the fulfillment of the many records and information related responsibilities
in the City of Buffalo and nowhere else in the county should the casino's of the City of Buffalo, and to the cultural and scientific needs of the people
building be an inevitability; and, of New York State, therefore
BE IT FURTHER RESOLVED: Be it resolved that the City of Buffalo supports the elimination of said
That the Common Council urge Governor George Pataki to assert himself sunset provisions in order to make the LGRMIF and the CEF permanent.
in favor of the Buffalo location for the Seneca casino and inform the tribe ADOPTED
and public accordingly. The Council also urges the Western New York
State delegation lobby for the Buffalo location. NO. 145
BE IT FINALLY RESOLVED: BY: MR. FRANCZYK
That the Common Council urge the Federal Bureau of Indian Affairs to APPOINTMENT TO THE CREATIVITY AND CIVIC SOLUTIONS
disapprove any location of a Seneca Casino in Erie County outside the COMMISSION
City of Buffalo. Whereas: Councilmember Richard A. Fontana is appointed to fill the
REFERRED TO THE COMMITTEE ON LEGISLATION vacancy as a member of the Creativity and Civic Solutions Commission
Whereas: The establishment and outline of the Creativity Commission
NO. 143 and Civic Solutions Commission shall be carried forth as described in
BY: MR. FRANCZYK: sections 18-66through 18-76 of the City of Buffalo Charter; and
TYSON FOOD EXPANSION (PRIOR REFERENCE #34, CCP MARCH Now, Therefore, Be It Resolved:
16, 2004) That this Common Council designate Richard A. Fontana as a member of
Whereas: The City has received a request from Tyson Retail Deli Inc to the Creativity and Civic Solutions Commission.
utilize a portion of Perry Street ROW for additional employee parking; and ADOPTED
Whereas: The Department of Public Works, Parks and Streets has
indicated that they have no objection to a lease of the property subject to NO. 146
certain conditions; and SPONSOR: MR. GOLOMBEK
Whereas: The City desires to lease the property as requested subject to CO-SPONSORS: MR. BONIFACIO, MR. FONTANA
certain conditions; DIRECTING THE CORPORATION COUNSEL TO COMMENCE
Now Therefore Be It Resolved: That this Common Council approves a LEGAL ACTION
lease of the property containing the conditions set forth in the REGARDING WATERFRONT LAND
communication from the Department of Public Works, Parks and Streets WHEREAS: The Common Council believes that the City of Buffalo still
(Item #34, CCP March 16, 2004); and maintains title and reversionary rights to the Municipal Piers and the Small
Be It Further Resolved: That the cost of the lease shall be determined Boat Harbor;
by the Director of Real Estate after an appropriate appraisal process and and
the Director of Real Estate is hereby directed to proceed with an appraisal WHEREAS: The Common Council has gone on record previously in
process in accordance with the law; and support of returning waterfront land now under the control of the Niagara
Be It Further Resolved: That the Corporation Counsel's Office is directed Frontier Transportation Authority (NFTA) to the City of Buffalo; and
to prepare a lease containing the required conditions, and any other Now Therefore Be It Resolved:
conditions as may be required by law, and to file the executed lease with That the Common Council directs the Corporation Counsel to commence
this body. legal action in New York State Supreme Court to substantiate City
PASSED ownership of waterfront land now under the jurisdiction, control,
AYES - 9 NOES - 0 possession and supervision of the NFTA.
Be It Further Resolved:
NO. 144 That this item be referred to an appropriate Committee of the Council for
BY: MR. FRANCZYK further consideration.
ADOPT 1ST RESOLVE; REMAINDER REFERRED TO THE WHEREAS: Section 27-5 of the City Charter provides that the Council
COMMITTEE ON COMMUNITY DEVELOPMENT. may by resolution request an appraisal by an appraiser from the list of
appraisers established by the Appraisal Review Board, prior to the sale of
NO. 147 any city owned real property; and
SPONSOR: MR. GOLOMBEK WHEREAS: Any person desiring to acquire title to any such property may
CO-SPONSORS: also retain an appraiser at his or her own expense; and
EXPLORING ALTERNATE FORMS OF GOVERNMENT FOR THE WHEREAS: Section 27-5 of the City Charter provides that the sum found
CITY OF BUFFALO by said appraisers as the value of the property in question shall be the
Whereas: The City of Buffalo has had its present form of amount of compensation to be paid for said property; and
government since the Kenefick Charter Commission of 1927; and WHEREAS: It is the position of the Common Council that the City of
Whereas: The Charter of 1927 was a direct result of a desire to reform Buffalo needs to ensure that it is receiving the best price possible for the
government in the City of Buffalo; and sale of any city owned properties; and
Whereas: Since that time a strong mayor form of government has existed WHEREAS: A second opinion in the form of a second appraisal by the
in the City of Buffalo; and City as to the value of city owned property would be helpful in determining
Whereas: The City of Buffalo finds itself in the worst predicament of its'! an appropriate sale price.
72 year history with a Control Board overseeing our finances, HUD noting Now Therefore Be It Resolved:
irregularities in our CDBG practices and an increased alienation of our That the Common Council supports amending Section 27-5 of the City
citizens which can be seen by the declining percentage of voters/citizens Charter to require that two appraisals be performed by the City from the
participating in the election process at all levels of government, list of appraisers established by the Appraisal Review Board prior to the
Whereas: Government and Politics are so intertwined in the City of sale of any city owned real property. That the Corporation Counsel's
Buffalo that we now live in a region that has lost hope for our future, Office is directed to draft the appropriate language for amending the City
Now Therefore Be It Resolved: Charter.
That this honorable body begin looking at other ways to manage city Be it Further Resolved:
government including but not limited to a City Manager type of That a copy of this resolution be forwarded to the Appraisal Review
Government in its various forms, and that this item be referred to an Board, the Office of Strategic Planning, the Mayor and the Corporation
appropriate Committee of the Council for further consideration. Counsel for comment.
REFERRED TO THE COMMITTEE ON LEGISLATION ADOPT 2ND RESOLVE REMAINDER TO COMMUNITY
DEVELOPMENT COMMITTEE.
NO. 148
BY: MR. GOLOMBEK NO. 150
MOVING BOARD OF EDUCATION ELECTIONS BY: MR. JAMES D. GRIFFIN
Whereas: The Board of Education elections will be held on May 4, 2004, WAIVE CAZENOVIA PARK HOCKEY FEES
with all nine seats on the ballot; and Whereas Cazenovia Park hockey fees customarily are raised on July
Whereas: Given the current fiscal status of the City of Buffalo, with the allowing sufficient time for the increase to be anticipated as part of the
City facing massive lay-offs in the next fiscal year, it is clear that the State seasonal Budget; and
of New York must work with the City of Buffalo to eliminate or lessen the Whereas: The Cazenovia Park Hockey Association was told that the
financial impact of non-funded state mandates; and increase for bills from 2001-2002 would be waived due to this increase
Whereas: Article 52, Section 2553, subdivision 10 of the New York State having been implemented in the middle of hockey season (January 1);
Education Law currently mandates that the election of the members of the and
Board of Education of the city school district of the City of Buffalo be held Whereas: The increase to ice time per hour went from $55.00 to $80.00
on the first Tuesday in May in the appropriate years; and which added an additional expense of $14,102.50; and
Whereas: In the most recent Board of Education elections, the turnouts Whereas: Due to the time frame of the increase and the lack of
have been less than ten percent of the eligible voters; and opportunity to anticipate this increase, the Cazenovia Park Hockey
Whereas: The Board of Elections estimates show that these elections Association requests that the increase from
cost the City of Buffalo over $15.00 per participating voter; and 2001-2002 be waived; and
Whereas: It is readily apparent that the high expenses and the generally Now, Therefore, Be It Resolved:
poor voter turnout associated with the May elections make it advisable to That this Common Council grant a waiver of fees to the Cazenovia Park
move these elections to coincide with the November general elections, Hockey Association in the amount of $14,102.50 for the 2001-2002
thereby saving the City of Buffalo taxpayers the extra expense of holding Hockey Season.
elections in May; PASSED
Now, Therefore, Be It Resolved That: AYES - 9 NOES - 0
This Common Council memorializes the New York State Legislature to
amend the New York State Education Law to allow for the election of the NO. 151
members of Buffalo Board of Education to be elected at the November SPONSOR: MRS. RUSSELL
general elections; and CO-SPONSORS: MR. GOLOMBEK, MR. FONTANA
Be It Further Resolved That: ENFORCEMENT OF NOISE ORDINANCES
The City Clerk forward certified copies of this resolution to Governor WHEREAS: It is anticipated that with the onset of warmer weather,
George E. Pataki, the members of the Western New York State residents complaints of excessive noise generated from car audio
delegation to the New York State Senate and Assembly, and to the systems and home stereos will increase; and
members of the Buffalo Board of Education. WHEREAS: Citizens of Buffalo should not have to tolerate the disruption
ADOPTED of excessive noise
AYES –BONIFACIO, COPPOLA, DAVIS, FONTANA, FRANCZYK, and
GOLOMBEK, GRIFFIN, RUSSELL - 8 NOES – THOMPSON - 1 WHEREAS: The Council in its 2004-2005 Fiscal Year Action Plan
established enforcement the city's noise ordinance as a quality of life
NO. 149 priority; and
SPONSOR: MR. GRIFFIN WHEREAS: The Council recognizes that the Buffalo Police Department
CO-SPONSORS: MRS. RUSSELL, MR. GOLOMBEK, MR. has many higher priority crimes to address; and
FONTANA, MR. DAVIS WHEREAS: According to Police Department statistics, on average one
REQUIRE TWO APPRAISALS FOR THE SALE OF CITY OWNED noise ordinance citation per day is issued for the whole City of Buffalo;
BUILDINGS and
WHEREAS: The sale of public buildings is governed by Article 27 of the WHEREAS: To improve the quality of life for many people who must live
City Charter; and with excessive in their neighborhood, the Council is requesting increased
enforcement of noise ordinance violations; and
WHEREAS: The Council believes that what gets measured gets done EVALUATE THE SUCCESS OF THE CITY'S 2003 VACANT LOT
and as such the Council requests a monthly report due the tenth day of MAINTENANCE AND MOWING PLAN
each month from the Buffalo Police Department and the Adjudication WHEREAS: In 2003 the City prepared a Vacant Lot Maintenance
Bureau documenting the nun of noise ordinance citations and and Mowing Plan; and
adjudication's. WHEREAS: The Spring season is finally upon us and as such
Now Therefore Be It Resolved: now is the time to address dealing with the many vacant lots and
That the Council supports increased enforcement of noise ordinance properties that the city is responsible for maintaining; and
violation as a quality of life issue. WHEREAS: The Council in its 2004-2005 Fiscal Year Action
Be It Further Resolved: Plan, has established the issue f maintaining vacant city lots and
That the Council requests a monthly report due the tenth day of the month properties as a priority; and
from the Buffalo Police Department and the Adjudication Bureau, WHEREAS: The Council applauds the Mayor in developing the
documenting the number of noise ordinance citations and adjudication's. 2003 Plan, the Council believes that it is necessary to evaluate the
Be It Finally Resolved: implementation and success of the Plan.
That this matter be referred to an appropriate Committee of the Council Now Therefore Be It Resolved:
for further consideration. That this item be referred to the appropriate Council Committee for
ADOPT 1ST & 2ND RESOLVES: REMAINDER TO COMMITTEE ON consideration and that the Mayor, Department of Public Works, Office of
LEGISLATION. Strategic Planning Permit & Inspection Services, Parking Enforcement,
Citizen Services, forward their comments as to the effectiveness of the
NO. 152 2003 Vacant Lot Maintenance Mowing Plan within ten days.
BY: MS. RUSSELL REFERRED TO THE COMMITTEE ON FINANCE, COMMISSIONER
BUDGET AND PERSONNEL AMENDMENT OF PUBLIC WORKS, PARKS AND STREETS, A DIRECTOR OF
05-DEPARTMENT OF LAW STRATEGIC PLANNING.
1046 - DEPARTMENT OF LAW
From: NO. 155
12 Assistant Corporation Counsel 11 $ 55,756 - $ 69,357 BY: MR. THOMPSON
Assistant Corporation Counsel I Muni Attorney $ 45,757 - $ 54,221 THE CITY OF BUFFALO'S SCHOOL AID FUNDING FORMULA IN
To: RESPONSE TO
I I Assistant Corporation Counsel 11 $ 55,756 - $ 69,357 THE NEW YORK STATE COURT OF APPEALS CFE DECISION.
3 Assistant Corporation Counsel I Muni Attorney $ 45,757 - $ 54,221 WHEREAS: On March 29, 2004 the New York State Commission on
IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the Charter, that Education Reform released a report which called for a "school financing
the immediate passage of the foregoing ordinance is necessary. system that makes adequate resources available to every
We, MICHAEL B. RISMAN, CORPORATION COUNSEL AND school district so that all children are provided with a sound basic
MICHAEL A. SEAMAN DIRECTOR OF BUDGET, hereby certify that the education."
above change is necessary for the proper conduct, administration and WHEREAS: Governor George Pataki created the New York State
performance of essential services of that department. We recommend Commission on Education Reform on September 2, 2003 by issuing
that the compensation for said position be fixed at the respective amount Executive Order No. 131 in response to the Campaign for Fiscal Equity
set forth in the foregoing ordinance. (CFE) court case.
APPROVED AS TO FORM WHEREAS: The New York State Court of Appeals in Campaim for Fiscal
CORPORATION COUNSEL 04/12/04 Equity vs. State (CFE decision) established a statewide standard
PASSED providing that all children are entitled under the state constitution to an
AYES - 9 NOES - 0 opportunity for a "meaningful high school education," thus mandating
increased resources for all public school children attending school from
NO. 153 pre-kindergarten through the 12th grade; and
SPONSOR: MR. THOMPSON WHEREAS: The court mandated that the state determine the actual cost
CO-SPONSORS: MR. BONIFACIO, MR. GOLOMBEK, MR. of a meaningful high school education in New York City, and that such
FONTANA, MR. DAVIS "costing-out" and other mandates of the decision be fulfilled by July 30,
DEVELOPING A POLICY FOR TAKING AND REUSING CLOSED 2004; and
CITY SCHOOLS WHEREAS: The "CFE" decision, which is a result of years of work by the
WHEREAS: The Buffalo School District has enumerated in their Campaign for Fiscal Equity and its supporters statewide, represents a
four-year plan, a commitment to closing ten schools over the next historic and unique opportunity to improve student achievement in urban,
three years; and rural, and suburban school districts in New York State with similar
WHEREAS: The Council in its 2004-2005 Fiscal Year Action Plan problems of educational inadequacy; and
established the development of a policy to address taking and reusing WHEREAS: As large numbers of children are currently being denied a
closed city schools as a priority; and meaningful high school education in urban, suburban, and rural districts
WHEREAS: Without a policy or plan in place school structures will be throughout New York State, including those in the Buffalo City School
managed in a haphazard manner increasing the possibility of having more District ("BCSD"), application of the decision on a statewide basis would
abandoned buildings for the city to maintain which will have a negative result in significant additional funding for such districts, including for
effect on neighborhoods. BCSD; and
Now Therefore Be It Resolved: WHEREAS: Furthermore, the Court found that the state's school aid
That the Council requests the Mayor to develop a policy for addressing formula did not fairly and rationally apportion school aid among school
the taking of and subsequent re-use of closed school buildings. That districts based on the educational needs of each district;
copies of this Resolution be forwarded to the Mayor, the Office of and
Strategic Planning and Public Works for comment. WHEREAS: Despite the fact that the judicial order in "CFE" narrowly
Be It Further Resolved: applies to New York City, it is logical and just to apply the principles of this
That this item be referred to an appropriate Committee of the Council for case to each school district in the state, given that: Many of the
further consideration. school districts throughout the state, including BCSD, exhibit some of the
ADOPT 1ST RESOLVE, REMAINDER TO COMMITTEE ON same problems of class overcrowding, insufficient numbers of qualified
COMMUNITY DEVELOPMENT. teachers, inadequate facilities, high dropout rates, and low test scores as
New York City, and therefore many students in such districts are
NO. 154 also being denied their constitutional right to a meaningful high school
SPONSOR: MR. THOMPSON education; The CFE case, as a mandate of the Court of Appeals,
CO-SPONSORS: MR. GOLOMBEK, MRS. RUSSELL, MR. established a statewide constitutional standard that the State of New York
FONTANA is obligated to follow in all school districts within the state; Funding levels
for New York City, the state's largest school district, necessarily affect the Whereas: Statistical information from the Buffalo Police Department
amount of funding available for all other districts in the state; and The concerning the number of unsolved homicides in Buffalo, New York,
Court of Appeals invited the State Legislature and the Governor to which also includes a listing of potential suspects, will ensure a more
consider applying its remedy statewide; and integral strategy is adopted to address crime citywide;
WHEREAS: The Campaign for Fiscal Equity has already commissioned Now Be It Therefore Resolved That:
a statewide costing-out study that is the most comprehensive The Common Council of the City of Buffalo does hereby request a listing
analysis of the costs of educating its children performed by any state, of unsolved homicides, including a listing of potential suspects, which
utilizes several of the leading experts on educational finance in the nation, have occurred in the City of Buffalo within the last decades; and
and has involved all stakeholders in the development of such study; and Be It Further Resolved That:
WHEREAS: Providing an adequate education is the highest priority of the Certified Copies of this resolution be forwarded to the Mayor of Buffalo,
State of New York, and its political subdivisions, and therefore the Commissioner of the Buffalo Police Department, and the Western
implementation of the core principles of the decision deserves priority New York State Delegation.
consideration by the New York Governor and the New York State ADOPTED
Legislature; and
WHEREAS: The City of Buffalo, the Buffalo Board of Education, parents, NO. 157
schools, principals, and educators, and their partners must collectively BY: MR. THOMPSON
work to ensure that Buffalo Public Schools benefit from the "CFE" REQUEST TO CHANGE PARKING AT 877 EAST DELAVAN AVENUE
decision, and the state's new funding formula; Whereas: Staff members of the Delavan-Grider Community Center,
WHEREAS: It would be unconscionable for the state to wait another year parents, and Delavan Avenue business owners, and community have
before addressing the issues highlighted in the CFE decision and to fail to expressed grave concern about the present "No Standing from 8am-10am
direct resources where the most urgent needs exist; and 4pm-7pm, Monday through Friday" regulation at the Delavan-Grider
THEREFORE, BE IT RESOLVED THAT: Community Center, located at 877 East Delavan Avenue, the corner of
The Buffalo Common Council strongly supports the enactment of East Delavan Avenue and Moselle Avenue (eastside); and
legislation before July 30, 2004 consistent with the "Criteria for a New Whereas: Parents and persons interested in utilizing the Delavan-Grider
Funding System" drafted by the Alliance for Quality Education and the Community Center for parking at this location; and
Campaign for Fiscal Equity, which advocates that the new school funding Whereas: Pursuant to Section 49 of Chapter 479 of the Ordinances of
system meet the following criteria: the City of Buffalo, the City Engineer shall have the power to supplement,
Adequate funding for every school in the state; Accountability; Sustained, amend, or repeal existing provisions of Chapter 479; and
stable, and predictable funding; A simple and transparent system; and An Whereas: Changing the existing parking regulation from "No Standing
increased state share of education spending. from 8am- 10 am and 4pm-7pm, Monday through Friday" to "Fifteen
THEREFORE, BE IT RESOLVED THAT Minute" Parking between the hours of 7am-9pm from Monday through
The Common Council of the City of Buffalo does highly commends the Saturday at 877 East Delavan Avenue would sufficiently address the
Campaign for Fiscal Equity and its supporters statewide including the above-referenced concerns;
Alliance for Quality Education, in bringing the CFE case and attracting Now Be It Therefore Resolved:
public attention to the denial of students of their constitutional rights; and That the Common Council of the City of Buffalo does hereby request that
this body the Division of Traffic Engineering amend the parking regulation at 877
BE IT FURTHER RESOLVED THAT: East Delavan Avenue from "No Standing from 5 am- I0 am and 4pm-7pm,
This honorable body strongly encourages the Governor and the Monday through Friday" to "Fifteen Minute" Parking between the hours of
Legislature to apply the legal standard developed in the decision on a 7am-9pm from Monday through Saturday.
statewide basis with emphasis an high needs districts like the Buffalo City Antoine M. Thompson
School District; and supports the inclusion of $2 billion as a "down REFERRED TO THE COMMITTEE ON LEGISLATION
payment" on implementation of the CFE decision providing for new and
additional funding for schools in the 2004-05 state fiscal year to address NO. 158
the most urgent priorities of schools and in order to begin a multi-year BY: MR. THOMPSON
process of fulfilling the mandates of the Court of Appeals decision in REQUEST TO CHANGE PARKING AT 877 EAST DELAVAN
Campaign for Fiscal Equity vs. State. AVENUE - WESTSIDE
BE IT FURTHER RESOLVED THAT: Whereas: Staff members of the Delavan-Grider Community
This honorable body implores the Governor and the New York State Center, parents, and Delavan Avenue business owners, and community
Legislature in their cost determination to give due consideration to the have expressed grave concern about the present "No Standing" regulation
results of the Campaign for Fiscal Equity costing-out study; and at the Delavan-Grider Community Center, located at 877 East Delavan
BE IT FURTHER RESOLVED THAT: Avenue, the comer of East Delavan Avenue and
Certified Copies of the resolution be forwarded to the New York State Moselle Avenue (westside); and
Governor's Office, the New York State Legislature, the Buffalo Board of Whereas: Parents and persons interested in utilizing the Delavan-Grider
Education, the Mayor of Buffalo, and the Western New York State Community Center for parking at this location; and
delegation. Whereas: Pursuant to Section 49 of Chapter 479 of the Ordinances of
ADOPTED the City of Buffalo, the City Engineer shall have the power to supplement,
amend, or repeal existing provisions of Chapter 479;
NO. 156 and
BY: MR. THOMPSON Whereas: Changing the existing parking regulation from "No Standing" to
REQUEST FOR INFORMATION FROM THE BUFFALO POLICE "Fifteen Minute" Parking between the hours of 7am-9pm from
DEPARTMENT ON UNSOLVED HOMICIDES IN THE CITY OF Monday through Saturday at 877 East Delavan Avenue would
BUFFALO sufficiently address the above-referenced concerns;
Whereas: Several hundred homicides have occurred in the City of Now Be It Therefore Resolved:
Buffalo in the last decade; and That the Common Council of the City of Buffalo does hereby request that
Whereas: A significant number of these homicides have not yet been the Division of Traffic Engineering amend the parking regulation at 877
solved; and East Delavan Avenue from "No Standing" to "Fifteen Minute" Parking
Whereas: In some cases, the perpetrators of these acts may be likely to between the hours of 7am-9pm from Monday through Saturday.
repeat their actions; and Antoine M. Thompson
Whereas: The Masten District Crime Initiatives, and similar initiatives, is REFERRED TO THE COMMITTEE ON LEGISLATION
an innovative blend of governmental and community approaches to
reducing crime in the City of Buffalo, does not presently include NO. 159
provisions to address these unsolved homicides; and BY: MR. THOMPSON
VIOLENCE IN BUFFALO PUBLIC SCHOOLS
Whereas: The number of cases of school violence in Buffalo Committee on Finance Tuesday, April 20, 2004 at
Public Schools (BPS) has consistently increased in the past few years; 10:00 o'clock A.M.
and following Civil Service
Whereas: These increases are of grave concern to elected officials, Committee on Legislation Tuesday, April 20, 2004 at 2:00
parents, educators, administrators, students, and community-based o'clock P.M.
organizations; Committee on Comm. Dev. Wednesday, April 21, 2004 at 10:30 o'clock
and A.M.
Whereas: The above-referenced agencies, working collectively, have the Special Committees
capacity and authority to sufficiently address violence in Buffalo Public Budget Thursday, April 15, 2004 at 10:00
Schools; o'clock A.M. in Room 1417 City Hall.
and Bi-National Bridge Thursday, April 15, 2004 at 2:00
Now Be It Therefore Resolved That: o'clock P.M. in Room 1417 City Hall.
The Common Council of the City of Buffalo does hereby request that the MBEC Monday, April 19, 2004 at 10:00
Buffalo Board of Education, in partnership with other agencies, devise a o'clock A.M. in Room 1417 City Hall.
strategy to reduce violence in Buffalo Public Schools; and Special Committee on Education Wednesday, April
Be It Further Resolved: 21, 2004 at 2:00
This honorable body also requests that the Buffalo Board of Education o'clock P.M. in the Council Chambers.
host a meeting to assemble ideas on ways to reduce violence in Buffalo Public Disclaimer): All meetings are subject to change and cancellation by
Public Schools; and the respective Chairmen of Council Committees. In the event that there is
Be It Finally Resolved That: sufficient time given for notification, it will be provided. In addition, there
Certified copies of this resolution be forwarded to the Buffalo Board of may be meetings set up whereby the City Clerk's Office is not made
Education, the Mayor of Buffalo, the Erie County Executive, the Erie aware; therefore, unless we receive notice from the respective Chairmen,
County Legislature, the New York State Department of Education, Citizen we can only make notification of what we are made aware.
Action, the New York State Governor's Office, the New York State
Legislature. NO. 164
ADOPTED ADJOURNMENT
On a motion by Mr. Coppola, Seconded by Mrs. Russell, the Council
NO. 160 adjourned at 4:40 pm
BY: ANTOINE M. THOMPSON
APPOINTMENTS CHARLES L. MICHAUX, III
COMMISSIONERS OF DEEDS CITY CLERK
REQUIRED FOR THE PROPER
PERFORMANCE OF PUBLIC DUTIES
That the following persons are hereby appointed as Commissioner of
Deeds for The term ending December 31, 2004, conditional upon the
persons so appointed certifying under oath to their qualifications and filing
same with the City
Evelyn Boldt
Total 1
ADOPTED
NO. 161
UNFINISHED BUSINESS
Perm. Enter Agreement-Custom Lighting Services (PW)
(#31,1/6)
(#28, 12/23)
Mr. Coppola now moved that the above item be taken from the table.
Seconded by by mr. Golombek
CARRIED.
Mr. Coppola now moved approval of said item. Seconded by Mr.
Golombek
PASSED.
AYES –BONIFACIO, COPPOLA, DAVIS, FRANCZYK, GOLOMBEK,
GRIFFIN, RUSSELL - 7 NOES – FONTANA, THOMPSON - 2
NO. 162
BOND RESOLUTION-$2,000,000-RECONST. OF TWO FIRE
STATIONS
(#126, 3/16)
Mr. Coppola now moved that the above item be taken from the table.
Seconded by Mr. Golombek
CARRIED.
Mr. Coppola now moved That above item is received and filed
Seconded by Mr. Golombek
ADOPTED
NO. 163
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in the
Common Council Chambers, 13 1h floor City Hall, Buffalo, New York,
unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, April 20, 2004 at 9:30 o'clock A.M.