HomeMy WebLinkAbout04-0330
No.7
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
MARCH 30, 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
Law School in Toronto, Ontario. Ms. Taylor is very involved in
community affairs in both the media and legal fields. Ms. Taylor
COMMON COUNCIL is being appointed to fill the vacancy created by the resignation
CITY HALL - BUFFALO of Michael Billoni.
TUESDAY, MARCH 30, 2004 I hereby certify that the above named individuals are fully
AT 2:00 P.M. qualified to serve as members of the Community Access
Television Advisory Board.
PRESENT – President Franczyk, and Council RECEIVED AND FILED
Members Bonifacio, Coppola, Davis, Fisher, Fontana,
Golombek Griffin, Russell and Thompson - 8 NO. 3
Re-Appointment of Members to the Examining
ABSENT – 0 Board of Plumbers
On a motion by Mr. Coppola , seconded by Ms. Pursuant to the provisions of Section 40-A of Article 4 of the
Russell, the minutes of the stated meeting held on March 16, General City Law of the State of New York and Section 18-42
2004 were approved. of the City Charter, I hereby re-appoint the following individuals
as members of the Examining Board of Plumbers for a term
FROM THE MAYOR effective immediately and expiring December 31, 2006.
Dominic N. Macri 11 Dallas Street Buffalo, 14220
No. 1 Samuel J. Ricchiazzi, Sr. 214 West Avenue Buffalo,
Appointment of Member to the Examining 14213
Board of Plumbers I hereby certify that the above named individuals are fully
Pursuant to the provisions of Section 40-A of Article 4 of qualified for reappointment to the Examining Board of
the General City Law of the State of New York and Section Plumbers.
18-42 of the City Charter, I hereby appoint the following as a RECEIVED AND FILED
member of the Examining Board of Plumbers for a term
effective immediately and expiring December 31, 2006. FROM THE MAYOR - EXECUTIVE DEPARTMENT
Joseph Licata 138 Lancaster Avenue Buffalo, 14222
Joseph Licata has been the Owner/Operator of J. Licata FROM THE OFFICE OF CITIZEN SERVICES
Heating and Piping since 1972. A Master Plumber, he is also is
licensed in heating and general contracting. Mr. Licata was NO. 4
previously employed as a schoolteacher and attendance officer Buffalo Weed and Seed Inner-City Urban and Community
with the Buffalo Board of Education from 1965-1972. Forestry Project
Mr. Licata received his Bachelor of Arts in Geography & This is to advise the Honorable Common Council that the
Geology from SUNY at Buffalo in 1965 and his Masters in Buffalo Weed and Seed Program has been granted funding
Educational Administration from the State University College at from State of New York Department of Environmental
Buffalo in 1971. Conservation in the amount of $25,000 for the implementation
I hereby certify that the above named individual is fully qualified of a comprehensive Inner-City Urban and Community Forestry
for appointment to the Examining Board of Plumbers. Project.
RECEIVED AND FILED The grant will allow us to conduct an environmental education
awareness program for inner city residents to improve their
NO. 2 neighborhood environments through tree planting in community
Appointment of Members to the green spaces and curb areas using environmental design
Community Access Television Advisory Board principles that promote sustainable tree management and
Pursuant to the powers vested in me by Section 18-63 of crime prevention. Our project goal is to introduce block clubs to
Article 18 of the Charter of the City of Buffalo, I hereby appoint environmental design principles that will enable them to use
the following individuals to serve as members of the natural resources to recapture a sense of community pride and
Community Access Television Advisory Board for a term their neighborhood fabric through tree planting and to use tree
commencing immediately and expiring November 5, 2007: planting to seed fruit trees in five neighborhood green spaces.
Valeria Cray-Dihaan 104 Leonard Street Buffalo, 14215 Trees planted in the curb areas will provide shading and
Ms. Cray-Dihaan has been the Owner/Operator of East Wind protection for future garden activities. Fruit trees will provide
Creative Effects of Buffalo since 1992. Ms. Cray-Dihaan was food to low-income residents and serve as a focal point for
previously employed as an Art and Music Teacher for the future planting in the community gardens.
OIC-Career Intern Program in Bronx, NY as well as an art Implementation of this project will enable Buffalo Weed and
instructor for the Albright Knox Art Gallery and the Herman Seed to continue and expand it's mission to engage residents
Badillo School. Ms. Cray-Dihaan, who also serves as President as partners in crime prevention partners and neighborhood
of Fifty Women with a Vision, graduated from SUNY at Buffalo revitalization activities in Buffalo's East and West sides (parts
with a B.F.A. and received her M.F.A. from the Pratt Institute in of Police District "B" and "C") as prescribed by our current
Brooklyn, NY. Ms. Cray-Dihaan is being appointed to fill the U.S. Department of Justice Weed and Seed Grant.
vacancy created by the resignation of Peter Cutter. RECEIVED AND FILED
Suzanne K. Taylor 27 Harbour Point Common Buffalo,
14202 NO. 5
Suzanne K. Taylor is self-employed as an Attorney and Buffalo Weed and Seed Youth Opportunity Initiative Year
Counselor at Law. Ms. Taylor previously served as a Co-host IV funds
for the Morning Sports Show on WNSA 107.7 FM as well as This is to advise the Honorable Common Council the funds
the Sports Editor for the Buffalo Beat Alternative Newspaper for Year IV of the Buffalo Weed and Se Program, in the amount
and Sports Commentator for CKEY 101.1 FM in Niagara Falls, of $92,210.00 has been awarded to the City of Buffalo.
Ontario. Ms. Taylor earned her law degree from SUNY at This grant will allow Buffalo Weed and Seed to continue and
Buffalo Law School in 1992, and has a B.A. from Cornell expand it mission in engaging youth crime prevention partners
University. Ms. Taylor is pursuing her LLM from Osgoode Hall and in service learning activities in Buffalo's East and West
sides (parts of Police District "B" and "C") as prescribed by our Sidewalk cafe
current U.S. Department of Justice Weed and Seed Grant. Item No. 67, C.C.P. 3/16/2004
The Buffalo Weed and Seed Youth Opportunity Initiative will The City Planning Board at its regular meeting held
examine the best practices of t Neighborhood Revitalization Tuesday, March 23, 2004, considered the matter captioned
aspects of the East Side Buffalo Weed and Seed program and above pursuant to Section 413-59 and 511-59 of the Buffalo
then duplicate the services to meet the needs of our West Side Code, Sidewalk cafes and Hertel Avenue District, respectively.
target area as well as expand these services on the East Side The applicant seeks expand an existing sidewalk caf6 at 1292
(FE target area. Identified components of the program will Hertel Ave. with an 12'x8' of additional sidewalk caf`6 space in
include: Neighborhood and Park Restoration, Youth front an adjoining storefront. The total amount of sidewalk caf6
Volunteerism, Community Asset Mapping, Job Training and space will now measure 461x 81. Under SEQR the proposed
Workforce Development. The Safe Havens model will be the sidewalk cafe is considered an unlisted action which may be
primary means of implementing our program. Coordinating studied through uncoordinated review.
these efforts will be residents, youth, I enforcement and the The Planning Board voted to recommend approval of the
staff of the Weed and Seed office. In con unction with other sidewalk addition with the following conditions:
initiatives already occurring the target area, the program will 1. No outside music is allowed
ensure that available Weed and Seed resources are being 2. Closing at 11 p.m.
used effectively to h meet the needs of the target population. 3. The operator of the restaurant is responsible for clean-up of
Effective, this year, an interfund cash loan will no longer be any garbage that is generated as a result of the sidewalk cafe
available for this grant. Money will be drawn down as expenses usage.
are incur-red and invoices will be paid, as the funds become RECEIVED AND FILED
available.
These funds will be used to conform to the guidelines of the FROM THE OFFICE OF STRATEGIC PLANNING
grant specified by the U.S. Department Labor and Buffalo and
Erie County Work Force Development Consortium and as NO. 9
previously approved by the Honorable Body for Year I, II and Elmwood Square Apts. PILOT
Year III. Your Honorable Body is hereby requested to approve the
RECEIVED AND FILED attached PILOT agreement between the City of Buffalo and the
Elmwood Square Preservation Housing Development Fund
FROM THE CITY PLANNING BOARD Company Inc.
This Project involves a $7,883,331 rehabilitation of the
NO. 6 Elmwood Square Apartment Building. Approximately $17,520
People Inc. will be invested per unit in this 30 year old building. ECIDA has
590-592 Amherst St. approved the issuance of over $5,600,000 of tax exempt bonds
Human Service Facility and the project will benefit from approximately $265,000 of
Item No. 69, C.C.P. 3/16/2004 annual low income housing tax credits.
The City Planning Board at its regular meeting held 100% of the units will be made available as affordable housing,
Tuesday, March 23, 2004 considered the matter captioned limiting tenancy to those who earn no more than 60% of the
above pursuant to Section 511-136 of the Buffalo Code, Use median area income.
permit required for human service facilities. The amount of the PILOT payments was calculated based
The applicant seeks to use the premises at 590-592 Amherst upon a 5% increase over the payments currently received by
Street as a human service facility. The revised ordinance the City of Buffalo. Payments will increase by three percent per
places the Planning Board and the Common Council in an year for the duration of the 15 year Pilot.
advisory role to the Zoning board of Appeals The Planning REFERRED TO THE COMMITTEE ON COMMUNITY
Board has no objection to the proposed use. DEVELOPMENT AND CORPORATION COUNSEL
RECEIVED AND FILED
NO. 10
NO. 7 REQUEST FOR APPROVAL
Open Door 4 Church TRANSFER TITLE PARCELS ON THE ATTACHED LIST
525 Grider St. FROM THE CITY OF BUFFALO AND BNRC TO BURA
Accessory sign The City of Buffalo Urban Renewal Agency has approved
Item No. 70, C.C.P. 3/16/2004 the Transfer of the 12 parcels referred to on the attached
The City Planning Board at its regular meeting held project description at its meeting of March 18, 2004 Item 3c
Tuesday, March 23, 2004 considered the matter captioned from the City of Buffalo and BNRC to the Buffalo Urban
above pursuant to Section 387-19 and 511-12 of the Buffalo Renewal Agency.
Code, Application for billboard, ground or pole sign permit and The transfers are necessary in order for BURA to enter into a
"R211 Dwelling District. Land Disposition Agreement with James Management
The applicant seeks to erect an illuminated 41x81x71ground Company (JMC) for Willert Park Village Homeownership Zone.
"ID11 sign at 525 Grider Street. The proposed sign is located In the interest of time and anticipating that Your Honorable
in an "R2" zoning district which prohibits this particular sign. Body is willing to expedite this matter, I have taken the liberty to
The applicant is seeking relief from the Zoning Board of prepare a Resolution for your action.
Appeals to erect this sign. Under SEQR the proposed sign is We now respectively request Your Honorable Body approve the
considered an unlisted action which may be studied through transfer of this property to the City of Buffalo Urban Renewal
uncoordinated review. Agency.
The Planning Board voted to communicate to the Zoning Board Forwarded herewith is the following documents:
of Appeals that they have no objection to the proposed sign. I . Resolution approving proposed Land Transfer
RECEIVED AND FILED 2. Project Description
RECEIVED AND FILED
NO. 8
1292 Hertel Ave. NO. 11
National Fuel - Donation of REFERRED TO THE COMMITTTEE ON COMMUNITY
835 Northampton Street DEVELOPMENT
Lot Size: 36' x 93'
Assessed Valuation: $2,200 NO. 13
Masten District Results of Negotiations
The Office of Strategic Planning, Division of Real Estate has 16 Emslie, 100' N Swan
received a communication from National Fuel Gas offering to Vacant Lot: 157' x 240'
donate 835 Northampton Street to the City of Buffalo. This Assessed Valuation: $8,600
parcel is adjacent to 831 Northampton a vacant parcel owned 712 Swan, 40'W Emslie
by the City of Buffalo. Vacant Lot: 30' x 100'
If acquired by the City of Buffalo, these two lots combined Assessed Valuation: $2,300
would be used by the Martin Luther King Block Club as a FILLMORE
community garden. PRIOR COUNCIL REFERENCE:
I am recommending that Your Honorable approve the The Office of Strategic Planning, Division of Real Estate, has
acquisition of 835 Northampton by donation from National Fuel received a request to purchase 16 Emslie Street and 712 Swan
Gas Distribution Corporation, subject to satisfactory Street from Hunt Commercial Real Estate Inc. (as agent for
environmental testing. The cost of the transfer to be paid for by corporation to be formed), 730 Brisbane Building, Buffalo, New
National Fuel. I am further recommending the Executive York 14203. Hunt Real Estate intends to use the properties for
Director of the Office of Strategic Planning be authorized to parking.
acquire title to the property. The Division of Permit and Inspection Services and the
REFERRED TO THE COMMITTEE ON COMMUNITY Division of Collections have no objections to the sale. There are
DEVELOPMENT, COMMON COUNSEL, REAL ESTAT no building code violations, taxes or other liens owed to the City
DIRECTOR of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar
NO. 12 commercial lots in the subject area. Sale prices range from one
Queen City Hub: A Regional Action Plan for Downtown dollar ($1.00) to one dollar and ninety five cent ($1.95), per
Buffalo square foot.
This is to inform your Honorable Body that the "Queen City The results of our negotiations are that Hunt Commercial Real
Hub: A Regional Action Plan for Downtown Buffalo" is available Estate, Inc. has agreed and is prepared to pay thirty five
for your review. A significant chapter of the City's thousand dollars ($35,000), one dollar and twenty four cents
Comprehensive Plan, the Hub plan repositions Downtown as ($1.24) per square foot for these parcels. They have also
the regional agreed to pay for the cost of the transfer tax, recording fees
center while highlighting its growth as a residential community. and cost of the legal descriptions.
This plan is based on the work of Downtown Buffalo 2002! a I am recommending that Your Honorable Body approve the sale
collaborative working partnership between the City of Buffalo, of 16 Emslie and 712 Swan Street to Hunt Commercial Real
Buffalo Place Inc, and the Urban Design Project of the Estate Inc. in the amount of thirty-five thousand dollars
University at Buffalo. Created to review the 1999 Downtown ($35,000). 1 am further recommending that the Corporation
Strategic Plan, this partnership identified public priorities, Counsel prepare the necessary documents for the transfer of
facilitated implementation and prepared title and that the Mayor be authorized to execute the same.
The Queen City Hub.
REFERRED TO THE COMMITTEE ON COMMUNITY
significant amount of public outreach occurred and is
A
DEVELOPMENT
included. This includes two summits attended by over 500
citizens, regular newsletters to 7,000 people, a series of focus
NO. 14
groups for plan development and regular meetings of the
Result of Negotiations
organizations implementing Downtown projects.
336 Emslie, 121.50'N William
The plan is organized in two major sections. The first volume
Lot Size: 60' x 115'
first describes the vision and context for decision making,
Assessed Valuation: $ 2,300
establishes physical development priorities in
592 William, 65.05'W Emslie
five strategic investment areas within Downtown. They include
Lot Size: 27' x 120'
Waterfront Developments, Education and Public Safety
Assessed Valuation: $3,200
Campus, Financial and Government district, Theatre District
596 William, 39.05'W Emslie
and the Buffalo Niagara Medical Campus. Priority residential
Lot Size: 26' x 120'
clusters are identified as well.
Assessed Valuation: $3,100
The second volume is the action plan that recommends
ELLICOTT
planning and policy actions related to activity (Living, Working,
The Office of Strategic Planning, Division of Real Estate
Shopping and Visiting) and the principles to be employed in
has received a request to purchase the above captioned City
activity support (Access, Urban Design and Management,
properties from Buffalo Congregation of Jehovah's Witnesses,
Energy and Green Design, Preservation and Image).
South East Unit, 353 Emslie Street, Buffalo, New York 14206.
The published package will be delivered to your offices. As with
The church intends to pave a parking lot that will be used for
any community plan, this is a living document. The progress
parking for their church congregation.
already achieved in developing this plan continues to guide
The Division of Permit and Inspection Services and the
Downtown development and action. As the Office responsible
Division of Collections have no objections to the sale. There are
for directing the implementation of the plan, 1, along with the
no building code violations, taxes or other liens owed to the City
Queen City Hub partners
by the purchaser.
(Buffalo Place and the Urban Design Project, UB) respectfully
The Division of Real Estate has investigated the sale of similar
request an opportunity to review the content and discuss its
residential properties in the subject area. Sales prices range
status with your Honorable Body.
from fifty cents (.50) to one dollar and twenty-seven cents
Thank you for your consideration and I look forward to our
($1.27), per square foot.
discussion.
The results of our negotiations are that we have agreed to a NO. 16
sales price of thirteen thousand five hundred dollars ($13,500), Results of Negotiations
one dollar ($1.00) per square foot, for the subject properties. 742 Seneca, 30'E Emslie
Buffalo Congregation of Jehovah's Witnesses has also agreed Vacant Lot: 40'x 149'
to pay for the cost of the transfer tax, recording fees and cost Assessed Valuation: $7,500
of the legal descriptions. 746 Seneca, 70'E Emslie
I am recommending that Your Honorable Body approve the sale Vacant Lot: 30' x 100'
of 336 Emslie, 592 and 596 William Street in the amount of Assessed Valuation: $2,300
thirteen thousand five hundred dollars ($13,500) to Buffalo FILLMORE
Congregation of Jehovah's Witnesses, South East Unit. I am The Office of Strategic Planning, Division of Real Estate,
further recommending that the Corporation Counsel prepare has received a request to purchase 742 and 746 Seneca Street
the necessary documents for the transfer of title and that the from Hunt Commercial Real Estate Inc. (as agent for
Mayor be authorized to execute the same. corporation to be formed)., 730 Brisbane Building, Buffalo, New
REFERRED TO THE COMMITTEE ON COMMUNITY York 14203. Hunt Real Estate intends to use the properties for
DEVELOPMENT parking.
The Division of Permit and Inspection Services and the
NO. 15 Division of Collections have no objections to the sale. There are
Results of Negotiations no building code violations, taxes or other liens owed to the City
157 Massachusetts, 100" SW West of Buffalo by the purchaser.
Lot Size: 23' x 93' The Division of Real Estate has investigated the sale of similar
Assessed Valuation: $2,300 commercial lots in the subject area. Sale prices range from one
NIAGARA dollar ($1.00) to one dollar and ninety five cent ($1.95), per
The Office of Strategic Planning, Division of Real Estate has square foot.
received a request to purchase 157 Massachusetts Avenue The results of our negotiations are that Hunt Commercial Real
from Mr. James B. Milroy, 155 Massachusetts Avenue, Buffalo, Estate, Inc. has agreed and is prepared to pay fourteen
New York 14213. Mr. Milroy owns and resides at 155 thousand six hundred dollars ($14,600), one dollar and twenty
Massachusetts Avenue and intends to use 157 Massachusetts four cents ($1.24) per square foot for these parcels. They have
Avenue for additional yard space. also agreed to pay for the cost of the transfer tax, recording
The Division of Permit and Inspection Services and the fees and cost of the legal descriptions.
Division of Collections have no objections to the sale. There are I am recommending that Your Honorable Body approve the sale
no building code violations, taxes or other liens owed to the City of 742 and 746 Seneca Street to Hunt Commercial Real Estate
by the purchaser. Inc. in the amount of fourteen thousand six hundred dollars
As a matter of disclosure, Mr. Milroy is an employee of the City ($14,600). 1 am further recommending that the Corporation
of Buffalo and has complied with requirements to acquire the Counsel prepare the necessary documents for the transfer of
property. title and that the Mayor be authorized to execute the same.
The Division of Real Estate has investigated the sale of similar REFERRED TO THE COMMITTEE ON COMMUNITY
residential vacant lot properties in the subject area. Sale prices DEVELOPMENT
range from ninety-five cents (.95) to one dollar and fifty cents
($1.50), per square foot. NO. 17
The results of our negotiations are that Mr. Milroy is prepared Results of Negotiations
to pay two thousand one hundred dollars ($2,100), one dollar 414 William, 24'W Spring
($1.00) per square foot, for the subject property. Mr. Milroy has Lot Size: 24'x 82'
also agreed to pay for the cost of the transfer tax, recording Assessed Valuation: $1,500
fees and cost of the legal description. The Office of Strategic Planning, Division of Real Estate has
I am recommending that Your Honorable Body approve the sale received a request to purchase 414 William Street from The
of 157 Massachusetts Avenue to Mr. James B. Milroy in the Crosby Company, 183 Pratt Street, Buffalo, New York 14204.
amount of two thousand one hundred dollars ($2,100). lam The Crosby Company will construct a parking lot for their
further recommending that the Corporation Counsel prepare business located at 183 Pratt Street.
the necessary documents for the transfer of title and that the The Department of Permit and Inspection Services and the
Mayor be authorized to execute the same. Division of Collections have no objections to the sale. There are
Mr. Coppola Moved: no building code violations, taxes or other liens owed to the City
That the above communication from the Office of Strategic of Buffalo by the purchaser.
Planning, Division of Real Estate, dated March 25, 2004, be The Division of Real Estate has investigated the sale of similar
received and filed; and commercial vacant lot properties in the subject area. Sale
That the offer from James B. Milroy, residing at 155 prices range from fifty cents (.50) to one dollar ($1.00), per
Massachusetts Avenue, in the sum of two thousand and one square foot.
hundred dollars ($2, 100.00) for the purchase of 157 The results of our negotiations are that The Crosby Company
Massachusetts, be and hereby is accepted; and has agreed and is prepared to pay one thousand five hundred
That the appraisal requested by the City of Buffalo shall be paid dollars ($1,500), seventy-six cents (.76), per square foot. They
by the purchaser; and have also agreed to pay for the cost of the transfer tax,
That the transfer tax, recording fees and cost of legal recording fees and cost of the legal description.
description shall be paid by the purchaser; and I am recommending that Your Honorable Body approve the sale
That the Corporation Counsel be authorized to prepare the of 414 William Street to The Crosby Company in the amount of
necessary documents for the transfer of title and that the Mayor one thousand five hundred dollars ($1,500). I am further
be authorized to execute the same, in accordance with the recommending that the Corporation Counsel prepare the
terms of sale upon which the offer was submitted. necessary documents for the transfer of title and that the Mayor
PASSED be authorized to execute the same.
AYES - 9 - NOES - 0 REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
expenses and over payroll and related health coverage
FROM THE COMPTROLLER expenditures.
1. Our review of other non-operating expenses has revealed
NO. 18 the following questionable expenditures:
American Skating Association Description 2002
Seating Corporation 2003
Ferguson Electric Buffalo Place - Shuttle Subsidy $99,000
no bids taken $99,000
Item No. 21, C.C.P. 3/15/04 Ex. Buffalo Place - Ranger Program 35,024
Item No. 2 1, C.C.P. 03/ 15/04 36,024
EXCERPT from Comptroller item: Rotary Rink - Gas and Electric 44,440
The contract was issued in April for an event that took place in 49,215
July. The expenditures included three companies, none of Radisson – Telephone 780
whom were selected as a result of competitive bidding, 845
ASA Properties 11,930.98 build-out of street course Terminus - Window washing 4,896
flooring 4,896
Seating Company 22,354.00 public seating labor, Totals $185,140
equip $189,980
Ferguon Electric 28,428.81 The above expenditures, to the best of our knowledge, do not
62,713.79 appear to be related to normal operations and maintenance of
This is contrary to General Municipal Law Article 5A section the parking facilities covered by the management agreement
103. Apparently there was no bidding on this project. The cost between BCAR and the City of Buffalo. In fact, the contract
is 28,428.81, which is over the threshold of 20,000.00 for stipulates that excess parking revenues be remitted to the City
contracts for public work to cover debt service and fund the reserve account.
QUESTION from the Finance committee was where did the With the exception of the Rotary Rink, which is owned by the
funds come from: City, the remaining expenses were remitted to private entities
The results in MUNIS are as follows: using parking revenues, which should have been earmarked to
The reallocation was done in Budget and transferred budgeted the City's Enterprise Fund.
dollars from Based on the above, it is our opinion that these expenses could
13296001 412002 O&M Bldgs PJ Hourly 20,000.00 be considered not appropriate since they were not specifically
13296001 413001 O&M Bldgs PJ Overtime 25,000.00 Enterprise Fund, which is dedicated specifically to the payment
13296006 443 200 O&M Bldgs SV Bldg Rpr 17,713.79 of debt service on City Parking Bonds and for repairs to and
to: replacement of Parking Facilities.
13296006 480000 O&M Bldgs SV Other Serv 62,713.79 It is also our opinion that both the BCAR and Parking Board
REFERRED TO THE COMMITTEE ON FINANCE were incorrect with their approvals of the above expenditures.
Subsequent Events:
NO. 19 Certain pertinent matters related to this management
Audit of Water System agreement between the City and BCAR have taken place after
Res # 14 1, CCP March 16, 2004 our June 30, 2003 audit period and are listed as follows:
We have received your request for a complete financial and 1. Fiscal year 2003-04 has seen debt service increase to
performance audit of the Water System. Let me note that I will $4,957,420.50, or, an increase totaling $1,046,580.07. This
be filing with your Honorable Body within the next several days has resulted in the monthly invoices to BCAR also being
copies of the independent audits of the Water Board and Water increased and totaling $2,478,710.28, and covering the first six
Authority for the 2002-2003 Fiscal Year, by the auditing firm of months of this fiscal year. As of December 31, 2003, BCAR
Deloitte & Touche. If should provide valuable insight into the has a balance due to the City totaling $1,030,008.68. Based on
issues raised in resolution filed by Councilmember Fontana. this information, it is very probable that the City's Parking
We are also in the process of working on our own review of the Enterprise Reserve Fund Balance of $4,090,341.56 will be
Water System, and would expect to have that ready for your utilized to make up the projected shortfall for the year ending
information in short order. June 30, 2004.
REFRRED TO THE COMMITTEE ON FINANCE 2. In addition to the previously discussed Buffalo Place
subsidy, paid from parking revenues, totaling $270,048.00, and
NO. 20 covering the period July 1, 2001 to June 30, 2003, the Board of
Buffalo Civic Auto Ramps, Inc Parking has entered into an agreement with Buffalo Place to
Annual Financial Report pay a total of $430,000.00 for shuttle and parking services for
June 30,2003 downtown employees for fiscal 2003-04. The shuttles are run
Lumsden & McCormick, LLP from various parking facilities @HSBC, Arena surface lots and
We are submitting the annual report for the Buffalo Civic a lot at Michigan and Perry
Auto Ramps, Inc for the year ended June 30, 2003. It was 3. These monies are offset in the budget by amounts that
prepared by their external auditors, Lumsden & McCormick, represent the $450,000.00 in annual hospital rent subsidies,
LLP. paid to the City under the current agreement, and due to the
We reviewed these statements in conjunction with our internal City's General Fund.
audit of BCAR for the last three years (submitted separately). 4. On November 20, 2003, the City has entered into an
REFERRED TO THE COMMITTEE ON FINANCE agreement with Buffalo Place, Inc. to operate the Rotary Rink
for a fee totaling $26,000.00 and "in kind" City services up to $
NO. 21 10,000.00. Absent from this agreement is the payment of
Buffalo Civic Auto Ramps, Inc utilities which were previously paid from parking revenues
AUDIT FINDINGS generated by the Augspurger Ramp.
It is our opinion that BCAR maintains a satisfactory system of The Buffalo Urban Renewal Agency (BURA) has transferred
internal control over parking revenues as well as over operating title of the Augspurger Ramp to the City at their December 18,
2003 board meeting: This transfer was approved by the RECEIVED AND FILED
Common Council in their meeting on November 25, 2003, Item
number 10. To the best of our knowledge, this ramp will be FROM THE PRESIDENT OF THE COUNCIL
subsequently included in the management agreement,
retroactive to July 1, 2003. We note that the Augspurger Ramp NO. 23
addition has been subject to City debt service as of July 1, APPT MEMBERS BUFFALO ARTS COMMISSION
2002. The Augspurger ramps are now owned in whole by the Dear Council Members:
City of Buffalo. The book value (cost, net of depreciation) is in Pursuant to Chapter 6-26, Section A of the Buffalo City
excess of $2 million and the market value is in excess of $5 Charter, I appoint the following individuals to the Buffalo Arts
million. It was sold by BURA to the City for $1.00. Commission:
AUDIT RECOMMENDATIONS Michael L. McCabe, esq. 183 Highland Ave Buffalo, N.Y.
Based on our audit findings, we recommend the following: 14222
The Parking Board needs to enter into a new management Hadley Pawlak 197 Cleveland Ave., Apt. 4 Buffalo, N.Y. 14222
agreement, effective July 1, 2004. The agreement needs to be Valeria Cray-Dihaan 104 Leonard Street Buffalo, N.Y. 14215
updated as a result of some economic transactions Such as Gerald Mead 209 Woodward Avenue Buffalo, N.Y. 14214
the Augspurger ownership change and the expansion of this James Pappas 108 Depew Buffalo, N.Y. 14214
and the Adam ramp. In addition the elements in this audit need RECEIVED AND FILED
to be considered. Whether a bidding process is needed rests
with the Parking Board and the Council. FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS
Suspension of funding made by BCAR to Buffalo Place for the AND STREETS
Shuttle Program subsidies as the City obtains a legal opinion in
order to determine the appropriateness. NO. 24
Suspension of funding made by BCAR to Buffalo Place for the NOTIFICATION SERIAL #9932
Ranger Program Subsidies until such time as the Parking INSTALL STOP SIGNS
Board and BCAR renegotiate this services as a direct security IN ROTHER AVENUE
charge at the City ramps. AT WALDEN AVENUE
We recognize the need to provide incentives to downtown (FILLMORE)
businesses to make them competitive with suburban STOP SIGNS (ALL-WAY) - INSTALL
businesses. City officials and other agencies may need to seek In conformity with Section 49 of Chapter 479 of the
alternative funding sources for this service. This office is open Ordinances of the City of Buffalo, the City Engineer hereby
to assisting in this discussion. notifies Your Honorable Body of this action supplementing,
Immediate suspension of utility payments for the operation of amending, or repealing existing provisions of Chapter 479 of
the Rotary Rink. These were suspended in December. This the Ordinances, as stated below, to be effective forty five days
City owned facility should be funded by the City's General after the first Council meeting at which they appear on the
Fund. agenda as an item business.
Immediate suspension of payments, if any, for telephone That that part of Subdivision 9 Section I I of Chapter 479 of
(Radisson) and funding for window washing (Terminus Ordinances of the City of Buffalo be supplemented by adding
building).. thereto the following: STOP SIGNS
Pending a positive finding by the Corporation Counsel on the VEHICLES ON SHALL STOP BEFORE
legal opinion regarding the uses, the Parking Board should ENTERING
document the changes in the agreements. Rother Avenue Walden Avenue
The Parking Board should exercise due diligence in their This action is being taken as a result of the traffic signal
annual review and approval of the BCAR management budget. removal at the intersection of Walden Avenue and Rother
In these fiscally challenging times. the City must maximize Avenue/Kiefer Street. This traffic signal was approved for
parking revenues and be prudent in using these monies for removal per Notification Serial 49366, Item No. 71, 01/08/02 as
necessary operating expenses only, especially in light of the part of a Federally funded Congestion Mitigation/Air Quality
current debt service exceeding net operating income. (CMAQ) project. Severe deterioration of the traffic signal and
Dispose of the records corresponding to the inventoried box subsequent safety concerns have forced its removal at this
numbers detailed on Schedule -1. We request that this be done time. (see next serial)
after this Report of Audit is received and filed by the Common
Council. NOTIFICATION SERIAL #9933
REFERRED TO THE COMMITTEE ON FINANCE INSTALL STOP SIGNS
IN KIEFER STREET
NO. 22 AT WALDEN AVENUE
CERTIFICATE OF NECESSITY (FILLMORE)
TRANSFER OF FUNDS STOP SIGNS (ALL-WAY) - INSTALL
COMMON COUNCIL - LEGISLATIVE In conformity with Section 49 of Chapter 479 of the Ordinances
We, Anthony M. Masiello, Mayor and Andrew A. of the City of Buffalo, the City Engineer hereby notifies Your
SanFilippo, Comptroller, Honorable Body of this action supplementing, amending, or
do hereby certify, pursuant to §20-12 of the Charter, that it is repealing existing provisions of Chapter 479 of the Ordinances,
necessary that the as stated below, to be effective forty five days after the first
sum of $3,000 be transferred and reappropniated within Council meeting at which they appear on the agenda as an item
Common Council business.
Legislative, as set forth below: That that part of Subdivision 9 Section I I of Chapter 479 of
From: Ordinances of the City of Buffalo be supplemented by adding
10 104001 - 411001 Salaries - Regular $3,000 thereto the following: STOP SIGNS
To: VEHICLES ON SHALL STOP BEFORE ENTERING
10 102001 - 412002 Hourly Salary $3,000 Kiefer Street Walden Avenue
Dated: Buffalo, NY, March 22, 2004
This action is being taken as a result of the traffic signal existing cabinet on east wall of Storage #109; remove existing
removal at the intersection of Walden Avenue and Rother acoustic tile and adhesive from east wall of Storage #109 and
Avenue/Kiefer Street. This traffic signal was approved for plaster patch wall surface.
removal per Notification Serial #9366, Item No. 71, 01/08/02 as
Add $ 520.00
part of a Federally funded Congestion Mitigation/Air Quality
4. Remove existing glass block window and create new ticket
(CMAQ) project. Severe deterioration of the traffic signal and
window per SK-Al thru SK-A3. Add $ 4,157.00
subsequent safety concerns have forced its removal at this
5. Install new flushbolts at the new closet door. Add $ 95.00
time. (see previous serial)
6. Install additional stud framing, metal lath, plaster patch under
REFERRED TO THE COMMITTEE ON LEGISLATION
window in new Gift Shop #112 and between new Gift Shop
#112 and existing Tickets #111. Add $ 805.00
NO. 25
7 Install new sump pump at existing lift floor for sidewalk lift.
CAZENOVIA PARK HOCKEY ASSOC.
. Add $ 2,444.00
REQUEST TO WAIVE FEES
8.Furnish material for 2 new "Yale" 8700 Series Mortise lock-
SOUTH
sets for 2 doors at Kleinhans Add $ 598.00
Attached please find a request from the Cazenovia Park
9. Remove and dispose of asbestos containing pipe
Hockey Association asking that $14,102.50 in outstanding fees
insulation and fittings in the new EMS Room and basement
due to the City for the use of the Cazenovia Park Ice Rink be
area. Add $ 1,540.00
waived.
The foregoing change results in a net increase in the contract
This item is being sent to the Council for whatever action you
of Twelve Thousand Three Hundred Seventy and 00/100
feel is appropriate.
Dollars ($12,370.00).
Summary: Current Contract Amount $ 89,692-00
CAZENOVIA PARK HOCKEY ASSC
Amount of This Change Order (2) Add $ 12,370.00
C/O MICHAEL J SCHIEBER
Revised Contract Amount $ 102,062.00
168 DUNDEE ST
Costs have been reviewed by the Consulting Architect
BUFF NY 14220
(Hamilton, Houston, Lownie) and the Department of Public
Works, Parks & Streets and were found to be fair and
COMMISSIONER OF PUBLIC WORKS
equitable. Funds for the work are available in 36321606
JOE GIAMBRA
445100 - Division of Buildings.
ROOM 502 CITY HALL
1 request that Your Honorable Body authorize the
BUFFALO NY 14202
Commissioner of Public Works, Parks & Streets to issue a
DEAR COMMISSIONER GIAMBRA,
change order to the contractor as set forth above.
REGARDING OUR OVER DUE ICE BILLS FROM 2001-2002
Mr. Coppola moved:
SEASON. THE CITY OF BUFFALO WITH OUT ANY
That the above communication from the Commissioner of
NOTICE TO THE CAZENOVIA PARK HOCKEY ASSC.
Public Works, Parks and Streets dated March 19, 2004, be
DECIDED TO RAISE THE PRICE IN ICE TIME PER HOUR
received and filed; and
FROM $65.00 TO $80.00 IN THE MIDDLE OF THE HOCKEY
That the Commissioner of Public Works, Parks and Streets be,
SEASON JAN 1ST . WE COULD NOT AFFORD TO PAY
and he hereby is authorized to issue change order No. 2, to
THE ADDITIONAL INCREASE IN PRICE ($21,000.00)
Allgaler Construction Corp., an increase in the amount of S
WITHOUT RAISING OUR FEE PER PLAYER. THE
12,370.00, as more fully described in the above
LEAGUE SETS ITS FEES PER PLAYER AND BUDGET
communication, for work relating to Job No. 0347, Kleinhans
FOR THE SEASON IN SEPTEMBER. BY JANUARY 11T
Music Hall, Phase IX - Office Interior Renovations, C
ALL OF OUR FEES WERE COLLECTED. WHEN THE
#92010809. Funds for this project are available in CPF
RATES WERE RAISED IN THE PAST IT WAS DONE JULY
36321606 445100 - Division of Buildings.
1ST AND THAT GAVE THE HOCKEY ASSC TIME TO
PASSED
INCREASE OUR FEE PER PLAYER AND OUR BUDGET.
AYES – BONIFACIO, COPPOLA, FRANCZYK, GOLOMBEK,
COUNCILPERSON MARY MARTINO HAD PROMISED US
GRIFFIN, RUSSELL, THOMPSON - 7 NOES – DAVIS,
THAT THESE FEES WOULD BE WAIVED, BUT
FONTANA - 2
APPARENTLY THE FEES WERE NOT AND THE
CAZENOVIA PARK HOCKEY ASSC. IS ASKING THAT THE
NO. 27
FEES BE WAIVED AGAIN.
CHANGE IN CONTRACT
MICHAEL J. SCHIEBER
SHEA'S PERFORMING ARTS CENTER
REFERRED TO THE COMMITTEE ON FINANCE
PHASE I - EXTERIOR RESTORATION
EAST WALL & MAIN ST. FACADE
NO. 26
JOB #0335
CHANGE IN CONTRACT
ELLICOTT DISTRICT
KLEINHANS MUSIC HALL
I hereby submit to Your Honorable Body the following
PHASE IX - OFFICE INTERIOR RENOVATIONS
changes for Shea's Performing Arts Center, Phase I - Exterior
JOB #0347
Restoration, East Wall & Main St. Facade, Ellicott District,
NIAGARA DISTRICT
Rodems Construction Co., Inc., C #92010815.
I hereby submit to Your Honorable Body the following
1. Additional costs for modifications to blade sign
changes for Kleinhans Music Hall, Phase IX, Office Interior
outriggers. Add $ 2,945.00
Renovations, Allgaier construction Corp., C #92010809.
The foregoing change results in a net increase in the contract
1. Add plaster sanding and refinishing of new Gift Shop #112.
of Two Thousand Nine Hundred Forty Five and 00/100 Dollars
Add $ 2,077.00
($2,945.00).
2. install new piece of birch wood base to match existing in the
Summary: Current Contract Amount $1,771,244.00
Add $ 134.00
new Gift Shop #112.
Amount of This Change Order (5) Add $ 2,945.00
Revised Contract Amount $1,774,189.00
2.
Disconnect and remove surface mounted electrical
outlets on east wall of storage #109; remove and dispose of
Costs have been reviewed by the Consulting Architect (Kideney ITEM NO. 108, C.C.P. 03/02/04
Architects) and the Department of Public Works, Parks & 1 .We support and recommend a survey of the entire City to
Streets and were found to be fair and equitable. Funds for this enforce current City and State ordinances that require the
work are available in 36322206 445100 - Division of Buildings. licensing of dogs.
I request that Your Honorable Body authorize the 2. We do not feel that mandating owners of non-neutered pit
Commissioner of Public Works, Parks & Streets issue a bulls to obtain a City "breeders license" is a suitable way to
change order to the contractor as set forth above. control the use of these animals. We do not want to encourage
Mr.Coppola Moved: anyone to breed these
That the above communication from the animals. We would rather prefer the mandatory spaying or
Commissioner of Public Works, Parks and neutering of any pit bull housed or brought into the City of
Streets dated March 17, 2004, be received and filed; and Buffalo. We would, however, suggest that the Law Department
That the Commissioner of Public Works, Parks and Streets be, investigate the legality of such a spay/neutering requirement.
and he hereby is authorized to issue change order No. 5, to 3. Although we believe that we offer good service at the Buffalo
Rodems Construction Co., Inc., an increase in the amount of Animal Shelter, both to the animals themselves and the public
$2,945.00, as more fully described in the above looking to adopt, there are, of course, areas where we can
communication, for work relating to Job No. 0335, Shea's improve. We would support any way that can be found to hire a
Performing Arts Center - Phase I - Exterior Restoration, C Veterinarian for the shelter and to have that Vet spay or neuter
#92010815. Funds for this project are available in CPF all animals who are housed at the shelter.
36322206 445 100 - Division of Buildings. 4. We have had several conversations with the SPCA and the
PASSED County of Erie toward "Regionalizing" animal control and
AYES – BONIFACIO, COPPOLA, FRANCZYK, GOLOMBEK, protections. These conversations are continuing, however, a
GRIFFIN, RUSSELL, THOMPSON - 7 NOES – DAVIS, major problem is identifying the funds necessary for the
FONTANA - 2 construction of such a facility.
5. The Animal Shelter established an animal adoption program
NO. 28 in 1998. This program relies heavily on the New York State
CHANGE IN CONTRACT vouchers to assist people in affording adopting companion
SHEA'S PERFORMING ARTS CENTER animals. New York State
PHASE I - EXTERIOR RESTORATION Law mandates that all animals leaving our shelter must be
EAST WALL & MAIN ST. FACADE spayed or neutered within 30 days, The high cost of this is
JOB #0335 prohibitive for many people and the vouchers are the only way
ELLICOTT DISTRICT many people can afford to adopt. Presently available at the
I hereby submit to Your Honorable Body the following Shelter is a low cost spay/neuter assistance program through
changes for Shea's Performing Arts Center, Phase I - Exterior New York State Agriculture & Markets. Through this program
Restoration, East Wall & Main St. Facade, C #92010815. the State supplies the shelters with vouchers, which entitles the
1. Blade Sign - Provide finished edge on the front of all client to pay $30 for a spay/neuter, with the State reimbursing
open-face edges. Add $ 5,625.00 the Veterinarians 80% of their fee schedule. Unfortunately,
The foregoing change results in a net increase in the contract these vouchers are not supplied to us on a consistent basis.
of Five Thousand Six Hundred Twenty Five and 00/100 Dollars 6. We support any effort to develop a low or no cost spay or
($5,625.00). neutering facility.
Summary: Current Contract Amount $1,774,189.00 Far too many animals are used for illegal purposes such as dog
Amount of This Change Order (#6) Add$5,625.00 fighting or to guard abandoned or nonabandoned drug houses
Revised Contract Amount $1,779,814.00 where drugs and weapons are stored. We support, and are
Costs have been reviewed by the Consulting Architect (Kideney ready to assist the Council, the SPCA, or any other entity in
Architects) and the Department of Public Works, Parks & controlling this activity.
Streets and were found to be fair and equitable. Funds for this REFERRED TO THE COMMITTEE ON LEGISLATION
work are available in 36322206 445100 - Division of Buildings.
I request that Your Honorable Body authorize the NO. 30
Commissioner of Public Works, Parks & Streets to issue a DONATION OF OLD SHOP EQUIPMENT
change order to the contractor as set forth above. TO MCKINLEY HIGH SCHOOL
Mr. Coppola moved 'The Engineering Division of the Public Works Department
That the above communication from the Commissioner of currently has in its possession two pieces of equipment that
Public Works, Parks and Streets dated March 19, 2004, be are no longer
received and filed; and useful to Our operations.
That the Commissioner of Public Works, Parks and Streets be, Tile first piece of equipment is a Buffalo Forge Model # 15 Drill
and he hereby is authorized to issue change order No. 6, an Press, City Asset 'rag 9 6973. This drill press has recently
increase in the amount of $5,625.00, as more fully described in been replaced with a newer model. The second piece of
the above communication, for work relating to Job No. 0335, equipment is a Table Top South Bend Precision Lathe Model
Shea's Performing Arts Center - Phase I - Exterior Restoration, 4344-ZD. The type of machining work performed on the lathe
East Wall & Main St. Facade, C #92010815. Funds for this is no longer done by Our Department.
project are available in CPF 36322206 445 100 - Division of I have recently received a letter from Mr. Larry T. Mansell a
Buildings. Machine Shop Teacher at McKinley High School. He indicated
PASSED to me that tile aforementioned equipment would greatly benefit
AYES – BONIFACIO, COPPOLA, FRANCZYK, GOLOMBEK, his students in the Machine Too[ Technology Program at tile
GRIFFIN, RUSSELL, THOMPSON - 7 NOES – DAVIS, school.
FONTANA - 2 I am therefore requesting your Honorable Body's permission to
donate this equipment as indicated.
NO. 29 Mr. Coppola moved:
DOG AND ANIMAL CONTROL AND PROTECTION That the above communication from the Commissioner of
REFORMS Public Works, Parks and
Streets dated March 15, 2004, be received and filed; and Any notice or response to Grantee shall be addressed as
That the Commissioner of Public Works, Parks and Streets be, follows:
and he hereby is authorized to donate the equipment as listed Adelphia Cable Communications
in the above communication, to McKinley High School. Attn: Legal Department
PASSED 200 Minuteman Road, Suite 102
AYES - 9 NOES - 0 Andover, MA 0 18 10
With a copy to:
NO. 31 Adelphia Cable Communications
283 MAIN STREET; ENCROACH Attn: General Manager
RIGHT OF WAY WITH AWNING. 355 Chicago Street
(ELLICOTT DISTRICT) Buffalo, NY 14204
Mr Marti, Kohler, of Kohler Awning. acting as agent If you have any questions, please feel free to contact me at
for Ellicott Group. owners of the Ellicott Square Building 716-558-8545.
located at 283 Main Street, has requested permission to install Sincerely,
an awning which would encroach City right of Way on Jeanne M. Coleman
Washington Street at said address. General Manager
The proposed awning would measure sixteen (16) feet in width RECEIVED AND FILED
and project fifteen (15) feet from the building face into the right
of way. The awning would be supported by posts mounted into FROM THE COMMISSIONER OF POLICE
the sidewalk. The posts will be set back a minimum of two feet NO. 33
from the curbline to provide for snow storage. UPDATED: INFORMATION REGARDING: URBAN AREA
The Department of Public Works. Parks and Streets has SECURITY GRANT
received. this application pursuant to Chapter 413-56 (awnings, As you are aware, the City of Buffalo/County of Erie/Niagara
canopies and marquees) of the City Charter and recommends County have been awarded $10,266,607 in Urban Area
that Your Honorable Body refer this item to the Planning Board Security Initiative funding (UASI) under the US Department of
for the necessary site plan review and approval. If approved by Homeland Security's 2003 funds for urban area security and
the Planning Board and Your Honorable Body the homeland preparedness. Your Honorable Body received initial
Commissioner will issue a "Mere License" for said correspondence last November concerning the City's receipt of
encroachment provided the applicant. the Ellicott Group, meet funds initially under this grant for reimbursement in the amount
the following conditions : of $978,174.23 for allowable police ($839,889.23) and fire
1. That the applicant obtain any and all City of Buffalo ($138,285) personnel expenditures incurred as a result of the
approvals and/or permits necessary. country being on "Code Orange" alert during specific time
2. That the awning be constructed exactly as shown on plans periods during the months of February, March, April and May
submitted to and approved by the Department of Permit & 2003. At that point in time, we also listed other mutually agreed
Inspection Services. upon funding items between the City and the County of Erie
3. That the applicant be responsible for maintenance of the (which is a mandate of this grant) and listed same. Your
awning as long as it remains within City right of way. Honorable Body, per CCP #32 at your meeting 11/25/03,
4. That the applicant obtain an annual license to occupy City authorized the Mayor to enter into the contract for the CODE
right of way at a cost of $ 100.00 per N car as described in part Orange reimbursement, and at the same time, voted to accept
H. of the above mentioned chapter of the City Charter. the additional funding the City of Buffalo would receive as
5. That, in the event that the Commissioner of Public Works, itemized in the communication sent at that time,
Parks and Streets determines the encroachment must cease and which has not been modified, as well as approve our
as a result of factors effecting the health. safety and welfare of request for an interfund cash loan (loan sic) for non-personnel
the public. or the needs of the City. said commissioner may items should the need arise.
order the immediate removal of the encroachment as described Because of this rather lengthy and unconventional process, we
in Chapter 413-67(F) of the City, Charter. are now submitting this as a modification for approval by your
6. That the applicant supply the Department of Public Works. Honorable Body as we have just been told that the 2003 funds
Parks and Streets with a certificate of insurance, in an amount will be released shortly, and the State will be increasing our
deemed sufficient by the Corporation Counsel, which will current contract (one issued already for personnel expenditures
indemnify and save harmless the City of Buffalo against any during Code Orange). It is our understanding that the following
and all loss or damage arising out of the construction, funding will be incorporated into the current contract for our
maintenance, use or removal of said elevated awning. share of the 2003 UASI funds for the City of Buffalo, which
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY totals $1,290,000 plus approximately an additional $60,000 for
PLANNING BOARD_THE CORPORATION COUNSEL AND a City Homeland Security Audit and Fiscal Compliance
THE COMMISSIONER OF PUBLIC WORKS Manager, which is being taken from a 3% allowance for
administrative and management funds incorporated under this
NO. 32 grant:
ADELPHIA-CHANGE OF ADDRESS NOTIFICATION $70,000 (salary/fringe) - City of Buffalo Homeland Security
VIA CERTIFIED MAIL Coordinator
Thomas M. Tarapacki, Director $100,000 Personal Protective Equipment for Level A/C
City of Buffalo Office of Telecommunications (Perimeter/Warm Zone Response) $100,000
65 Niagara Square, Room 613 $120,000 - WMD Incident Tactical/Transport Vehicles (3 Total)
Buffalo, NY 14202 $800,000 - City CBRNE Response Vehicle for Structural
Dear Mr. Tarapacki: Collapse
Please accept this letter as notification that all notices or $200,000 - Costs Incurred by City for training (overtime,
responses to be given in writing under the notice section of the backfill)
cable television franchise agreement should go to the following Please note that the above items total the $1,290,000. The
Adelphia locations. Please adjust your records accordingly. additional $60,000 for the administrative/management position
is still being reviewed by the State; we anticipate this allowance,
however, dependent upon their approval, there is the possibility SECOND HAND DEALER
that this dollar figure of $60,000 could change. The City 397 NIAGARA (NIAGARA)
contract will be increased by the State and will included Pursuant to Chapter 254 of the City of Buffalo
whatever dollar amount is approved for this Ordinances, please be advised that I have examined the
administrative/management position. Since we are updating attached application for a Second Hand Dealer License located
your Honorable Body on the increase of this contract, we at 397 Niagara and find that as to form is correct. I have
wanted it stated in this filing as it must also go before the caused an investigation into the premises for which said
Control Board. application for a second hand dealer license is being sought
This completes the City of Buffalo's direct share of contractual and according to the attached reports from the Zoning Office,
funding for 2003 ($1,290,000 plus $60,000) . The City is also Fire Department and Building Inspections, I find it complies
covered for other homeland security funding associated with with a] regulations and other applicable laws. I have caused an
"regional"' planning (i.e., security for City infrastructures, investigation by the Police Department into the moral character
communication and interoperability, etc.) under the County's 0 Karen Falzone. The attached thereto for Karen Falzone d/b/a
direct share of contractual funding as directed by the State. Exotica Beachwear Inc. This request is submitted for you
We will be submitting this information to the Control Board for approval or whatever action you deem appropriate.
their April meeting; thus we need your immediate approval in REFERRED TO THE COMMITTEE ON LEGISLATION
order to do so considering the time frame, as we have been told
these funds will be coming into Buffalo sometime in April. NO. 36
Again, we just recently were able to confirm some of this VAR, PUB. BOXES ON CITY ROW
information and discuss with the Commissioner of ITEM NO. 123, C.C.P. 3/16/2004:
Administration/ Finance, thus our reason for the "late" file. I am in receipt of the above stated Common Council
if you have any questions or require further clarification of the Communication and wish to supply your Honorable Body with
above, please contact Captain Mark Makowski or Maureen the following information. Buildings, construction, use and or
Oakley at at ext. 4475. Thank you for your immediate attention placement of anything that will impede or place the publc
to this pressing matter as again, we must have your approval thoroughfare in jeopardy is the jurisdiction of the Department of
prior to the Control Board's April meeting so that we can Public Works. The Department of Permit and Inspection
prepare for the acceptance and spending of these funds. Services has no jurisdiction on the public right of way unless
Mr. Coppola Moved That the above communication from the the Commissioner of Public Works grants a permitted us It is
BPD dated March 29, 2004, be received and filed; and That the my sincere hope that this response satisfies your inquiry.
BPD is hereby authorized to accept the Code Orange Funding REFERRED TO THE COMMITTEE ON LEGISLATION
changes as detailed in the communication for 2003.
PASSED NO. 37
AYES - 7 NOES 2 WHOLESALE JUNK DEALER
AYES - BONIFCIO, COPPOLA, FONTANA, FRANCZYK, 620 OLD BAILEY
GOLOMBEK, GRIFFIN AND THOMPSON - 7
NOES - DAVIS AND RUSSELL - 2 Pursuant to Chapter 254 of the City of Buffalo Ordinances,
please be advised that I have examined the attached
FROM THE COMMISSIONER OF PERMIT & INSPECTION application for a Wholesale Junk Dealer License located at 620
SERVICES Old Bailey and find that as to forms correct. I ha-, caused an
NO. 34 investigation into the premises for which said application for a
SECOND HAND DEALER Wholesale Junk Dealer License is being sought and according
1057 KENSINGTON (UNIVERSITY) to the attached reports from the Zoning Office, Fire Department
Pursuant to Chapter 254 of the City of Buffalo and Building Inspections, I find it complete with all regulations
Ordinances, please be advised that I have examined the and other applicable laws. I have caused an investigation by the
attached application for a Second Hand Dealer License located Police Department into the more character of William
at 1057 Kensington and find that as to form is correct. I have O'Connell. The attached thereto for William O'Connell d/b/a
caused an investigation into the premises for which said Riverside Towing & Recovery. Th request is submitted for your
application for a second hand dealer license is being sought approval or whatever action you deem appropriate.
and according to the attached reports from the Zoning Office, REFERRED TO THE COMMITTEE ON LEGISLATION
Fire Department and Building Inspections, I find it complied
with all regulations and other applicable laws. I have caused an FROM THE COMMISSIONER OF ADMINISTRATION AND
investigation by the Police Department into the moral character FINANCE
of Jack Manganello. The attached thereto for Jack Manganello NO. 38
d/b/a Retap A Division of Phoenix Frontier Inc This request is INFO DOG VIOLATION
submitted for your approval or whatever action you deem Dear Ms. Collin:
appropriate. CITY OF BUFFALO
Mr. Coppola moved: DEPARTMENT OF ADMINISTRATION & FINANCE
That the above communication from the Commissioner of BUREAU OF ADMINISTRATIVE ADJUDICATION
Permit and Inspections 65 Niagara Square, Room 215 City Hall e Buffalo, New York
Services dated March 17, 2004 be received and filed; and 14202-3302
That pursuant to Chapter 254 of the City Code, the Phone (716) 851-4046 * Fax (716) 851-6548
Commissioner of Permit & Inspections Services be, and he March 19,2004
hereby is authorized to grant a Second Hand Dealer license to In response to your March 9, 2004 letter requesting information
Jack Manganello d/b/a Retap A Division of Phoenix Frontier regarding dog summonses, please be advised as follows:
Inc. located at 1057 Kensington Avenue. DOG SUMMONSES ISSUED
PASSED YEAR ISSUED TOTAL X SUMMONSES TOTAL Y
AYES - 9 NOES - 0 SUMMONSES
2000 143 1896
NO. 35 2001 109 1565
2002 522 1597 Abuse. Mr. Carmichael never had my authorization to work in
2003 312 2369 the capacity as Acting Director.
2004 10 344 RECEIVED AND FILED
TOTAL 1096 7771 AYES –COPPOLA, FONTANA, FRANCZYK, GOLOMBEK,
*X summonses are summonses that are issued by animal GRIFFIN, RUSSELL, THOMPSON - 7 NOES – BONIFACIO,
control officers or police officers. These summonses are DAVIS – 2
typically issued for unlicensed dogs, dogs running at large,
barking dogs, failure to restrain dog or dog off premises without FROM THE CITY CLERK
tag. **Y summonses are summonses that are computer NO. 42
generated for failure to renew dog license. AUTO ALLOWANCE
outcome. I transmit herewith certificates of auto allowance submitted
'Me attached table shows dog summonses adjudicated for the for the following individuals in the various departments listed
years 2000 to date, the reason for the dog violations and the below:
hearing Fire-Ann M. O'Brien-McKenna
As you can see, the majority of dog summonses. do not make it RECEIVED AND FILED.
to a hearing. Furthermore, from the year 2000 to date, 3000
summonses have been administratively dismissed as the result NO. 43
of dogs that were deceased, returned to SPCA, licensed in LIQUOR LICENSE APPLICATIONS
other municipalities, lost or stolen, etc. Attached hereto are Communications from persons applying
Please let me know if you need anything further. for liquor licenses from the Erie County Alcohol Beverage
REFERRED TO THE COMMITTEE ON LEGISLATION Control Board.
Address Business Name Owner's
NO. 39 Name
ABATEMENT OF ACCOUNTS RECEIVABLE INVOICES 1834 William St. Iron Island Food Svs. Inc. F. Ciccarelli
FROM MUNIS RECEIVED AND FILED
Pursuant to the request of the Finance committee, attached
for your consideration is the revised list of uncollectable NO. 44
accounts receivable invoices. LEAVES OF ABSENCE WITHOUT PAY
REFERRED TO THE COMMITTEE ON FINANCE I transmit herewith notifications received by me,
reporting the granting of the leaves of absence without pay, in
NO. 40 the various
REVIEW OF APPOINTEES: departments as listed:
"APPT.-MEMBER-BFLO. BD. OF PARKING" POLICE P. Pascall, R. Blatchford, J. Guilian, J. Miller, D.
(#1, C.C.P MARCH 16,2004) Garcia, C. Scherez
Richard J Lehner 134 Highland Avenue Buffalo, 14222 Administration and Finance Ann Galante
"REAPPT.-MEMBERS-BFLO. ARTS COMM." (#2, C.C.P. RECEIVED AND FILED
MARCH 16,2004)
Barbara A. Kavanaugh 286 Baynes St Buffalo, 14213 NO. 45
Judy C. Beecher 28 Oakland Place Buffalo, 14222 REPORTS OF ATTENDANCE
Donald J. Siuta 117 Linwood Ave Buffalo, 14209 I transmit herewith communications received by me, from the
Brigitte Barrell 25 Hodge Avenue Buffalo, 14222 various boards, commissions, agencies and authorities
D. Bruce Johnstone 284 Rivermist Ave. Buffalo, 14202 reporting the membership attendance at their respective
Olga Aleksiewicz Lownie 67 Lexington Ave. Buffalo, 14222 meetings:
Margaret Roblin 29 Colonial Circle Buffalo, 14222 x Buffalo Sewer Authority
Tod Kniazuk 316 Willett Street Buffalo, 14206 x City Planning Board
Celeste M. Lawson 506 Linwood Ave. Buffalo, 14209 RECEIVED AND FILED
"REAPPT.-MEMBER-APPRAISAL REV. BD." (#3, C.C.P.
MARCH 16, 2004) NO. 46
Joseph Sole 171 Park Street Buffalo, 14201 NOTICES OF APPOINTMENTS - COUNCIL INTERNS
In reply to your request of March 17, 2004 upon review of I transmit herewith appointments to the position of Council
the above captioned appointees, the following were found to Intern.
have outstanding debt owed to the City of Buffalo: Mr. Coppola moved the approval of the appointments to the
Barbara Kavanaugh: Administrative Adjudication Summons position of Council Intern.
$95.00 9709614 $53.00 & 9910270 $42.00 ADOPTED.
Joseph Sole Water Bill: (387 Linwood Avenue) $787.16 CERTIFICATE OF APPOINTMENT
Bill # 05281302 Appointment Effective: March 1, 2004 in the Department of
The remaining individuals proposed for appointments have no Common Council, to the Position of Intern V, Seasonal,
debt due. Non-Competitive at the Flat Starting Salary of $8.00/hr
If you require any other information, please do not hesitate to Ebony Ross, 25 Antwerp Street, Buffalo, NY 14211
contact our office. REFERRED TO THE COMMITTEE ON CIVIL SERVICE
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 47
FROM THE COMMISSIONER OF COMMUNITY SERVICES NOTICES OF APPOINTMENTS - SEASONAL/FLAT
NO. 41 I transmit herewith certificates received by me, reporting
JESSE J. CARMICHAEL seasonal and flat salary appointments in various departments.
ACTING PAY RECEIVED AND FILED
I have instructed Mr. Jesse Carmichael to withdraw his claim
for back pay as Acting Director of the Division of Substance CERTIFICATE OF APPOINTMENT
Appoint Laborer II, effective March 29, 2004, Seasonal, Non-they are in Buffalo. Buffalo has 15 libraries - all neighborhood
Competitive at the flat starting salary of 8.15/hr libraries, and Central is not one of them.
Michael A. Sciandra, 103 Decker St, Buffalo, NY 14215 Second, BECPL did not reject the ACA report. In fact, in
February 1999, the BECPL Board voted to endorse "the spirit
Appoint Laborer II, effective March 15, 2004, Seasonal, Non-and intent" of that proposal, and never voted, to my knowledge,
Competitive at the flat starting salary of 8.15/hr against the ACA plan. What they did was prepare another plan
David P. Crapo, 574 Marillo Street, Buffalo, NY 14220 -- which refers to and uses elements of
Expanding Horizons
Richard G. LaFranco, 160 North Ogden St, Buffalo, NY 14206
the ACA report, therefore it clearly was not rejected.
Ericka Browning, 960 Amherst, Buffalo, NY 14216
More evidence that it was not rejected is that Caz and Dudley,
William Molson Jr., 383 Perry, Buffalo, NY 14204
now threatened with consolidation, were both on the list of 11
th
William Cornell, 115 15 Street, Buffalo, NY 14213
that were then threatened by consolidation. Other libraries,
Jason Stock, 46 Britt, Buffalo, NY 14220
such as the Fairfield and North Park, (also on the original Est)
Eric Machin, 134 Pano, Buffalo, NY 14207
were similarly approached with this consolidation "offer" since
Gerald Bettingen, 725 West Ave, Buffalo, NY 14213
2000. County Executive Giambra was not, to my knowledge,
Joseph Gonzalez, 65 Beatrice St, Buffalo, NY 14207
mentioned as the sponsor of this plan at that time. With this
Jeffrey Logal, 55 Virgil, Buffalo, NY 14216
evidence, it seems the current plan is a piecemeal
implementation of the original plan. Further, the Mead library (in
NO. 48
Lovejoy), and the East Clinton library (in Kaisertown) are being
APPOINTMENTS - TEMPORARY, PROVISIONAL OR
called "South Buffalo" libraries now, as they were in 2000,
PERMANENT
when all 4 were slated to close to build one "South Buffalo"
I transmit herewith Appointments in the various departments
library. Thirdly, the crux of this is the question, "When were
made at the Minimum, Provisional or Permanent)
these three merged I seem to remember that the Buffalo and
RECEIVED AND FILED
Grosvener libraries were merged for some time, and that the
Erie county library was merged with the Buffalo Public Library
CERTIFICATE OF APPOINTMENT
much later, in 1953, to from the BECPL system, as your
Appointment Effective March 19, 2004 in the Department of
Resolution states.
Community Services, Division of Contract Administration to the
As to the reference that at least 8 trustees must be electors of
Position of Attendant, TEMPORARY APPOINTMENT at the
the city, it shows the power Buffalo once bad, but no longer
FLAT Starting Salary of $ 6.00 per hour
has, as these trustees may be from Buffalo, but are not
Rudolph Laster, 296 Northland, Buffalo 14208
representing Buffalo, but, instead, are representing Erie county
interests.
NON-OFFICIAI. COMMUNICATIONS, PETITIONS AND
In short, since BECPL trustees do not represent Buffalo but
REMONSTRANCES
the county; and Buffalo libraries continue to lack a
NON-OFFICIAL COMMUNICATIONS
representative board for their branches alone; while the 15
NO. 49
Buffalo branches have one employee of the county system to
E BERRY-COMMENTS COB LIBRARY BOARD
oversee their operations, while all 36 of the branches outside of
Dear Councilmember Griffin;
the city have a representative board, a contract And rights and
Thank you for sharing the information with me on the letter from
funding and the power to make many of the decisions for their
the chairperson of BECPL.
own branches; while Buffalo libraries further lack membership
These are my findings in response to Rebecca Mahoney's
in ACT, while all BECPL libraries outside of Buffalo have this
letter of 3/09/04 to Mark Jaskula:
membership; Buffalo libraries are underrepresented in the
Eleven out of fifteen Buffalo libraries were targeted in 2000
BECPL system. THE BECPL BOARD IS NOT BUFFALO'S
versus II out of 37 suburban libraries. Ms. Mahoney can claim
BOARD. It is the board for all of the county.
that other Buffalo libraries were closed for loss of population,
By Ms Mahoney's own admission, an Erie county public library
but the fact of the matter remains - when Buffalo lost population
was one of the 3 merged into what is now BECPL (whatever
through the years, the rest of Erie County also lost, but, while 4
the timeline), yet all localities in Erie county except Buffalo have
West Side libraries were consolidated into only one library -
boards and contracts. How is this anything but inequity?
Northwest - which was, incidentally, itself slated for
To conclude, I find Ms Mahoney does not make a good case,
closing/consolidation in 2000, the number of suburban libraries
and find no reason to be deterred from adopting this full
continued to climb. Buffalo has 15 libraries serving 1/3 of Erie
Resolution to form a board of trustees for COB libraries (# 109
county's population while the other 2/3rds of the population is
March 2, 2004).
served by more than double the number of libraries (36),
Thank you again for bringing this to my attention. I hope I
therefore Buffalo should not be a target of any consideration.
helped to clear these matters up. If I can help fim1ber, do not
Each Buffalo library now serves an average population of
hesitate to ask for my assistance.
21,000 per branch versus 15,000 per branch for suburban
RECEIVED AND FILED
libraries (libraries outside the city of Buffalo). If Caz and Dudley
NO. 50
were closed and or one opened, Buffalo branches would serve
E. BERRY – SUPPORT ADOPTION OF BDOF TRUSTEES
an average population of 22,500/branch versus 15,0001branch
FOR COB LIBRARIES
outside the city!
Save our Libraries urges you to adopt, in full, the
The 400,000sqft Central library is the HUB of the ERIE
Resolution to form a board of trustees for COB public libraries
COUNTY SYSTEM. It is NOT, and NEVER HAS BEEN A
(#109 March 2, 2004), sponsored by Mr. Griffin and Mr. Davis.
BUFFALO LIBRARY, having been built BY TBE COUNTY in
This board would form necessary, level of protection and
1963 (same year as Dudley, and Caz's addition) - 10 years
advantages-
after the system became the BECPL system. It is OWNED
• Like all suburban libraries, a Buffalo Public Library Board
AND OPERATED BY ERIE COUNTY to serve the entire
would be 100% representative, would have the rights and
county. It happened to be built in Buffalo because Buffalo is the
privileges of a contract, including the right to at least
natural hub of the county. You wouldn't call County Hafl or the
the some level of funding from Erie County which it
Federal Building Buffalo's seat of government just because
enjoys now, but with greater control over this funding,
including determining personnel, hours, etc.
• Most of BECPL funding comes from the library tax which Buffalo, has not shown to be of any advantage, judging
Buffalo taxpayers pay, as all county taxpayers do, and from Buffalo's dwindling numbers of libraries and
BECK, trustees admitted, on March 23rd, 2004, that services, which can be attributed to its lack of a board and
BECPL services am, "not In crisis." Buffalo would not contract.
have to find another source of funding, just as suburban • Buffalo's number of 13EC.PL board members should remain
libraries do not at 8- 10 of 15, out of respect for Buffalo as the founder of the
• Buffalo libraries would finally have a level playing field, not system, but the evidence, shows that suburban boards and
be treated as a "poor relation" in the BECL. system, with contracts have clear advantages, including
do
no say, and only one employee overseeing all 15
membership in the Association of Contracting Trustees
libraries,
(ACT), which helps train trustees and forms a
Another compelling reason to adopt this Resolution:
collective bargaining unit.
• The BECPL Board cannot close any Buffalo Public
Please support Buffalo, its libraries, and neighborhoods by
libraries without the express approval of the Buffalo Board,
voting yes to the Resolution for a Formation of a COB Public
and therefore, would consolidate
not be, able to close and Library Board, which will give more power and
libraries in Buffalo if the people did wish it. self-determination to Buffalo, just as it does to every other
not
locality in Erie county, even if it only has one library. Buffalo
• Mr. Brian Davis' Resolution against closing/consolidation
cannot have equity in the BECPL system without advantages
of Buffalo Public Libraries, adopted in 2003, contains the
of a board, contract, and membership in ACT, and deserves
language,
Be It Further Resolved: That the. Buffalo
these same rights enjoyed by all the other towns, villages and
County & BFCPL
Common council encourages Erie to
cities in the BECPL system
work with the City of
RECEIVED AND FILED.
therefore this
Buffalo to charter a Buffalo Library Board;
current Resolution an extension of the Resolution most
is
NO. 51
of you have already adopted interests.
to protect Buffalo
N.BONIFACIO – K. MCCARTNEY
Of course, Buffalo would have to find a fair set of criteria
Revised Fines and Fee Proposal
to determine this board's qualifications, terms, etc. but we
After a careful review and consideration, I would like to
would riot have to "re-invent the wheel", since we can use
offer the following revised fee
the models provided by the boards and contracts outside
schedule for first offense. These fines would double if not paid
the city,
with 10 calendar days as is the present
Buffalo, without the protection of its own COB Library Board,
case.
is not
Class A Current
protected against library closings/consolidation, as all
Propose
suburban libraries are.
I Unlicensed Dog $11
• BECPL targeted 11 out of 15 COB libraries for
$25
closing/consolidation in 2000, including Cazenovia,
2. Dog off Premises w/o tag $11
Dudley, Mead, East Clinton, North Jefferson, Martin
$25
Luther King, Kensington, Crane, Northwest, Fairfield, and
3. Knowingly Affixing improper tag $11
North Park.
$25
• North District's Fairfield and North Park were threatened
FURNISHING FALSE INFORMATIONON:
again by BECPL in 2002, when their patrons again said no
4. License Application $11
to consolidation.
$25
* The unwanted, unnecessary, costly South Buffalo
5. Change and Transfer Report $11
project is a pilot project, therefore other Buffalo
$25
neighborhoods without the protection of a Buffalo library
6. Non-Compliance w/Dangerous Dog Order $11
board can expect their libraries to be threatened In
the
$25
future. These threats will not stop until Buffalo has its
7. Non-Compliance w/night quarantine order $11
own representative board to protect R.
$25
* For those who do the dual Is for
not know what
8. Dog Running at Large $11
South Buffalo It is a clear downgrade in services: One
$25
smaller hub to replace two successful branches in the top
9. Failure to Present Dog Upon Lawful Request $11
4 of book circulation, with only one hour per week more
$25
service, one less meeting room, half the access (one
10. Failure to restrain dog on premises $11
location vs two), and the same technology as all libraries.
$25
Is this the deal you would want for your neighborhood? It
Class B Current
may be sooner than you think: Consolidation of the MLK
Proposed
library -open only 3 days/week - Is still being considered
FAILURE TO FIL NOTICE OF:
the new North Jefferson opens its doors; and Mead
when
11. Transfer of dog $6
(in Lovejoy) and East Clinton (in Kaisertown) libraries
$20
are being identified as "'South Buffalo" libraries, with
12. Loss or theft of dog $6
Mead's -Saturday hours eliminated. In the 2000 plan, all 4
$20
(Cazenovia, Dudley, Mead, & East Clinton) were to be
13. Death of dog $6
closed for a "South Buffalo" project.
$20
Why would any Buffalo resident or official turn down an
14. Address change $6
opportunity which clearly gives more power to Buffalo for
$20
self-determination and equity?
Class C Current
• BECPL, is not Buffalo's Board: Buffalo's current situation on
Proposed
the BECPL Board with members - only one member
8 out of 15
15. Creating nuisance of long-continued or
over 1/2 - all of whom must be approved by the Erie County
frequent noise of dog $16
Executive and Legislature, even if they are nominated by
$25
16. Caused nuisance by improper keeping of dog
(unwholesome condition) $16 NO. 53
$25 F. CLARK INFO
17. Dog in park or on parkway $16 PROJECT EXILE
$25 Thank you for your correspondence of March 17, 2004
78-12, seizure and impoundment of dogs [added 99-19-95, Please be advised that we currently have in place a Project
effective 10-2-1995] Exile component of our vertical prosecution system. Matters
First Seizure which fit the very narrow guidelines of Project Exile are referred
$25.00 regularly, that is daily, to the United States Attorney's office for
(would like added) a decision from them regarding prospective federal
Plus $5/day prosecution.
Second Seizure Thank you for your interest.
$50.00 REFERRED TO THE COMMITTEE ON LEGISLATION
Plus $5/day NO. 54
Third and subsequent seizures within 1 year of the M. COPPOLA – FDA WISCONSIN SPAR OVER
First seizure PRESCRIPTION WEB SITE
$75.00 Could you please file the attached for the Common Council
meeting on March 30,2004.
Plus $5/day COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR
78-12, adoption of impounded dogs {Amended 3-9-1999, REVIEW
effective 3-22-1999) REFERRED TO THE COMMITTEE ON FINANCE
Adoption
$25.00 NO. 55
Refund upon spaying or neutering COMMENTS PUBLIC HEARING
$15.00 ADDRESS HAZARDOUS AND SERVICE VERIZON
Rabies shot On June 24, 2003, members of the Communications
$12.00 Workers of America Local 1122 attended a public hearing in
78-15, licenses [Amended 6-10-1991, effective 6-11-1991, the Council chambers to address hazardous and service
5-28-1992, effective 6-8-1992, 9-1-1992, effective 9-14-19921 affecting conditions in the Verizon plant in the City of Buffalo.
For each spayed or neutered dog During the hearing testimony was given and examples were
$10.00 shown and handed Out to council members. A motion was
For each unspayed or unneutered dog made by then Council member at Large Rose Marie Lotempio
$10.00 to investigate the possibility of fines being levied against the
For each purebred (kennel) utilities which are responsible for creating and not repairing
$25.00 these conditions, whether it be Verizon, Niagara Mohawk,
78-32, Euthanasia for each animal [Added 4-4-1995, NYSEG or Adelphia Cable.
effective 4-17-1995] current Our reason for writing you at this time is to ask what If any
$10.00 progress has been made regarding this issue.
proposed We are well aware of the financial conditions of the City, and
$20.00 hope that by the City creating and enforcing codes that would
Explanation: We currently pay a licensed veterinarian $43,000 govern utilities to be responsible for the safety of the public may
annually for services. We also pay the SPCA $10 to dispose of help raise revenue and keep people working.
animal carcases. We believe the proposed fee increase is REFERRED TO THE COMITTEE ON LEGISLATION AND
justified from a cost recovery basis. CORPORATION COUNSEL.
We are requesting a new fee of $15 for each animal
surrendered at the shelter. Each animal that is surrendered NO. 56
must be physically examined and housed for a minimum of 3 B. DANGLER
days. We believe the proposed fee is justified from a cost KALEIDA WOMEN’S AND CHILDREN’S HOSPITAL OF
recovery basis. BUFFALO
REFERRED TO THE COMMITTEE ON LEGISLATION HELIPAD SUMMARY REPORT
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR
NO. 52 REVIEW
Board Packet Documents REFERRED TO THE COMMITTEE ON LEGISLATION
Attached are the following documents for the March 3, 2004
Joint Schools Construction Board Meeting. NO. 57
• Draft Agenda R. FONTANA C. PALADINO
• Meeting Minutes from JSCB Meeting dated February 2, 2004 REV PLAN S. ELMWOOD
• Recommendation Letter for Contract Award for PS #74 COPY AVAILABLE IN THE CITY CLERKS OFFFICE FOR
• Application and Certificate for Payment No. 19 - February REVIEW
2004 REFERRED TO THE COMMITTEE ON LEGISLATION
• Bevlar & Associates Inc. Construction Contract Monitoring
and Compliance Services Monthly Report for Addendum I NO. 58
Project - January 2004 FACT SHEET
• Louis P. Ciminelli Project Team Directory SPAULDING COMPOSITES SITE
• Career Path Meeting Schedule - 2004 SITE NUMBER 9-15-050
• PPDS Team Progress Report - February 2004 MARCH 2004
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR INTRODUCTION
REVIEW
The New York State Department of Environmental These activities are being completed by a NYSDEC contractor.
Conservation (NYSDEC) and the New York State Department The remaining remedial actions will also be completed by the
of Health (NYSDOH) are pleased to update you on the status NYSDEC under the State Superfund program. Additional Fact
of the Spaulding Composites Site The site is located at 310 Sheets will be prepared and mailed to interested citizens as
Wheeler Street, Tonawanda, New York. this work progresses.
BACKGROUND FOR MORE INFORMATION
The Spaulding Composites site is a former manufacturing Public understanding and involvement are important to the
facility that produced phenolic resins, vulcanized fibre and success of New York's hazardous waste remedial program. To
composite laminates. I the fall of 1992 Spaulding ceased keep you informed, NYSDEC has placed site related
manufacturing operations at the facility and decommissioned documents in a local repository. The NYSDEC has established
the plant. As an interim remedial measure, Spaulding began Document Repositories for the Spaulding site at:
operating an on-site water treatment system that collects and City of Tonawanda Public Library
treats PCB contaminated storm water generated at the site. Th 333 Main Street
treated water is discharged to the Niagara River, and must Tonawanda, N.Y.
meet applicable discharge standards. or, by appointment at
In order to determine the nature and extent of contamination at NYSDEC's Buffalo Office
the Site Spaulding began a Remedial Investigation (RI) of the 270 Michigan Avenue
property in 1995 under the NYSDEC's direction. The RI Buffalo, N.Y.
evaluated surface soil, subsurface soil, sediment, groundwater (716) 851-7220
and surface water contamination that may have resulted from We urge you to visit your local repository. In addition, your
chemicals previously utilized and stored at the facility areas questions or comments are important to us, so please feel free
where releases of hazardous materials were known to have to call us at the phone numbers listed on the front of this Fact
occurred; and, other areas where chemical releases were Sheet.
suspected. TV completed RI report was approved by the RECEIVED AND FILED
NYSDEC in 1999. This study determined that about 3 acres of
the site require remediation NO. 59
Using information from the RI Report, a Feasibility Study was REQUEST FOR PUBLIC HEARING
completed by Spaulding's consultant that evaluated various As you may be aware, there has been a recent rash
ways to remediate the site. The proposed remedies were of shootings and related violence at a number of area bars and
presented and discussed at a public meeting on December 4, nightclubs. We would like for the Common Council to hold a
2002. A Record of Decision (ROD), detailing the final remedy public hearing on this issue. Local elected officials, clergy,
for the site, was issued by the NYSDEC in March 2003. police agencies, and club owners should also be invited to this
Remedial actions required by the ROD include: meeting. The hearing is needed so that we may discuss what
excavation and off-site disposal of contaminated soils and measures might be taken in an effort to stem the violence.
various production wastes on the site, Please advise me once this meeting has been scheduled so
in-situ bioremediation of petroleum contaminated soils from a that I may notify those individuals interested in attending.
former on-site tank farm, and Thank you for your kind consideration in this matter.
continued operation of the on-site water treatment system until REFERRED TO THE COMMITTEE ON LEGISLATION,
PCB sources have been removed and PCB contaminated COMMISSIONER OF POLICE, DIRECTOR OF LICENSES
storm water has been eliminated. AND PERMITS AND NEW YORK STATE LIQUOR
CURRIENT STATUS AND NEXT ACTION AUTHORITY.
In February 2001, the NYSDEC learned that Spaulding, for the
second time in ten years, declared bankruptcy. Following this NO. 60
filing, Spaulding began actively pursuing means by which the J. KLUKKOWSKI
property could be sold to a third party in return for completion of SUPPORT COB LIBRARY BOARD
the remedial actions mandated by the ROD. These efforts A Majority of Buffalo Residents HAVE already, and are still
proved unsuccessful. On October 15, 2003, the United States very opposed to library consolidation, BUT are still being
Bankruptcy court approved a recovery plan for Spaulding that IGNORED by the Library Board and county officials! In 2000,
in part only provided for the operation of the water treatment 22 meetings were held. Many branches in Buffalo that would
until January 23, 2004. Since that date the NYSDEC has taken have been closed due to consolidation did not have their own
over the operation and maintenance of the water treatment meeting. The huge opposition was still clear. The results
system. published by the B&ECPL can be found on the second page.
The NYSDEC has also completed asbestos removal and They are not following the results of their own findings. The 3
demolition of a small, outlying building overlying the PCB informal meetings held in South Buffalo were billed as
source area. These activities began on January 26, 2004 and "renewing library services in South Buffalo", not consolidating
were completed on February 16, 2004. them.
The NYSDEC is now moving forward with the remediation of Will our taxes go down if they close our city Branch
the PCB source area. This work will consist of (1) the Neighborhood Libraries? The answer is NO. How will our
construction of a temporary water treatment system to dewater children of Buffalo walk to libraries that are out of their reach?
the soils in the source area, (2) the excavation of contaminated The answer is, they won't. If we are broke, how can we afford
soils, (3) the disposal of these soils in an approved, off-site $4,000,000 as Deputy County Executive Carl Calabrese
disposal facility, (4) the cleaning of the adjacent storm sewer, promised the public (now only $2.5 million) capped by Joel
and (5) the backfilling of the excavation with clean soils, Giambra? The answer is future debt to the taxpayers of Buffalo
Following remediation, the on-site water treatment system will and Erie County. What we have been saying is FIX OUR
continue to operate until PCBs are no longer detected in storm SUCCESSFUL CAZENOVIA AND DUDLEY BRANCH and all
sewer waters. Treated water will continue to be sampled and Buffalo's NEIGHBORHOOD BRANCHES! Save us millions of
analyzed during this time for compliance with the applicable dollars. Invest a small amount in each branch. Let the citizens
discharge limit for PCBs. of Buffalo have their own representation, just like all other
communities in Erie County.
This past November, after a year of asking for information, we Currently, the NYSDEC is preparing to complete additional
were given one bit of unsubstantiated information. The savings investigations ~ adjacent properties to determine the full extent
of closing Cazenovia and Dudley would be $100,000. /Yr. in of contamination from the site This investigation will include the
operation costs. Wow, closing two successful city branch area between East Ferry Street and the Railroad tracks from
libraries, spending $2.5 million + the added cost to the city to west of the TNT Auto property to the vicinity of 750 East Ferry
purchase and demolish 8 to 12 properties, resulting in closing Street.
businesses taken them off the tax rolls. Now they are even SCOPE OF UPCOMING INVESTIGATION
considering city parks for land. This is not in the best interest of Install soil borings on a 1 00-foot grid covering the area from
city residents. We need true representation. the west of the TNT Auto property to 750 East Ferry Street and
Buffalo deserves the fifteen existing locations that serve all the between the railroad tracks and East Ferry Street,
needs of our community. We have paid taxes for them for Collect surface and subsurface soil samples and analyze the
generations with in taxes. Why is the County Executive so samples for lead at an approved laboratory.
anxious to waste millions? It is simple. It creates construction Install four new off-site bedrock groundwater monitoring wells
projects. The B&ECPL should stay in the service business and west of the site. Test the new wells and the existing wells to
not the building business. see if the groundwater is contaminated with inorganic
In these toughest of economic times, we should be talking compounds (metals) and volatile organic compounds.
about expanding services and hours that our library system Conduct a magnetic survey of the site and the adjacent
provides. It serves all the people from pre-school, elementary properties to locate the Scajaquada Creek Drain line, any
and high school students. Those attending college and lifelong buried objects, and potential underground storage tanks.
learners and the unemployed, are especially served well by Based on the data obtained from this and previous
libraries they can walk to in the city. We have just had Saturday investigations, evaluate remedial alternatives suitable for
hours eliminated at the Mead branch, while the library director addressing on-site and off-site contamination.
got a nice raise. This is not in Buffalo's best interest. THE NEXT STEPS
Remember our cities comprehensive plan calls for fixing up our The NYSDEC has assigned URS Corporation, an
basic neighborhood assets and building on them. The environmental consultant, to conduct the investigation. Field
B&ECPL should embrace library advocates, not ignore them. work at the site is expected to begin during or after the week of
Instead of working with our city and its residents, the B&ECPL March 22, 2004 and will take approximately six weeks to
has chosen to take low road. They have chosen to proceed with complete the field work.
a consolidation scheme that will destroy the Buffalo libraries. All the data collected during this investigation and the previous
They are painting a picture that is untrue. They are not being investigations shall be reviewed. The results of the investigation
honest with the public. The trustees are not doing what is best will be combined with data from the previous investigations to
for our libraries in Buffalo. Please feel to ask me questions define the extent of contamination on and around the Site.
about this. Given the larger volume of contamination, the NYSDEC
I encourage you to protect our city libraries. Buffalo needs a believes it will be necessary to expand the area to be cleaned
library board like every other community in Erie County. Please up in comparison to the area identified in the 1999 ROD.
adopt this resolution and protect our library services in the City A detailed engineering analysis of remedial alternatives will be
of Buffalo. I am happy to answer any questions. needed and a remedy will be proposed based on this analysis.
RECEIVED AND FILED The proposed remedial alternative will be presented to the
public prior to finalizing any changes to the cleanup plan for the
NO. 61 Site. NYSDEC will continue to issue fact sheets like these as
C. O’CONNOR work proceeds this year.
FACT SHEET FOR MORE INFORMATIONI
858 East Ferry Street Site (# 9-15-175) The NYSDEC has placed site documents for you to read, in
March 2004 the locations listed below.
INTRODUCTION NYSDEC's Buffalo Office
The New York State Department of Environmental 270 Michigan Avenue
Conservation (NYSDEC), in cooperation with the New York Buffalo, N.Y.
State Department of Health (NYSDOH) and the City of Buffalo, call (716) 851-7220 for an appointment
would like to tell you about the current status of the 858 East East Delevan Branch Library
Ferry Street site. The site is located at, and adjacent to, 858 1187 East Delevan
East Ferry Street in the City of Buffalo. Buffalo, New York
BACKGROUND Any site
The Site was the subject of a 1997-98 environmental related questions or concerns can be addressed by
investigation. That investigation, done by the City of Buffalo, contacting Mr. Vilvek Nattanmai, at (518) 402-9812; or by email
found that the Site's soil is contaminated with high levels of at vrnattan@gw.dec.state.ny.us For health related concerns
lead. Based on the results of this investigation, the NYSDEC regarding this site feel free to contact the New York State
issued a Record of Decision (ROD) in March 1999 which Department OT Health's Mr. Cameron O'Connor, Public Health
selected a remedy consisting of the excavation and removal of Specialist, at (716) 847-4385.
the contaminated soil t an approved landfill, covering the site RECEIVED AND FILED
with clean soil, and placing deed restrictions on the property.
Prior to carrying out the remedy at the site, the ROD required NO. 62
that adjacent properties be investigated to see if they were also A. THOMPSON
contaminated. This was done because the property located to Buffalo Public Schools Reconstruction Program Phase II
the west of the site, currently occupied by the TNT Auto used Design
car lot, was once the site of the Heymann lead smelting facility Please file the enclosed item with the Common Council for
In 2001, the NYSDEC collected soil samples from this review, deliberation at the next Council meeting scheduled on
property. The results c the investigation showed soil March 29,2004 at 2pm in Council Chambers.
contamination similar to what was found at the East Ferry I thank you in advance for your assistance in this matter.
Street Site.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR Appointment
REVIEW Equip, Operator (Max) (PW)
RECEIVED AND FILED (Item No. 36-C.C.P. Mar. 16, 2004)
That Communication 36, March 16, 2004 be received and
NO. 63 filed and the permanent appointment of Phillip Gramaglia
Antoine M. Thompson stated above at the maximum salary of $31,838 effective on
Memorandum of Understanding between the City of February 25, 2004 is hereby approved.
Buffalo, BERC, ECIDA, and BNE PASSED
Please file the enclosed item with the Common Council for AYES - 9 - NOES - 0
review, deliberation at the next Council meeting scheduled on
March 29, 2004 at 2pm in Council Chambers. NO. 68
I thank you in advance for your assistance in this matter. Notices of Appt.-Temp./Prov./Pen-n. (C. CIL)
COPY AVAILABLE IN CITY CLERKS OFFICE FOR REVIEW (CCP#53-Mar. 16,04)
REFERRED TO THE COMMISSIONER OF COMMUNITY That the above item be and the same hereby is received and
DEVELOPMENT, DIRECTOR OF STRATEGIC PLANNING filed.
AND BERC ADOPTED
NO. 64 NO. 69
The National Association of Minority and Women Owned J. Carmichael-Req. for Acting Pay (Com. Svs.)
Law Firms (CCP#40-Mar. 2, 04)
On behalf of The National Association of Minority & Women That the above item be and the same hereby is received and
Owned Law Firms (NAMWOLF), I am writing this letter to laud filed.
you for your stance on minority and women-owned business. ADOPTED
As NAMWOLF advocates for the utilization of minority and
women-owned law firms by corporation, public entities, and FINANCE
governmental agencies, we support you in your efforts to (Brian C. Davis, Chairman)
increase the awareness of the need for diversity and
inclusiveness. NO. 70
REFERRED TO THE MINORITY BUSINESS ENTERPRISE Amend Lease - Erie Basin Marina
SPECIAL COMMITTEE (Item No. 25, C.C.P., Mar. 16, 2004)
That the above item be, and the same hereby is returned to the
PETITIONS Common Council without recommendation.
Mr. Davis Moved:
NO. 65 That the Commissioner of Public Works, Parks and Streets be,
S. BRUCATO, AGENT, USE 1281 HERTEL FOR and he hereby is authorized to amend the lease agreement
RESTAURANT EXPANSION/OUTDOOR PATIO. between the City of Buffalo and Brand-On Services, Inc. for
(HRG. 4/6) operation and maintenance of the Erie Basin Marina, under the
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY same terms and conditions as the previous lease with
PLANNING BOARD,CORPORATION COUNSEL AND additional conditions as listed in the above communication.
COMMISSINER OF PUBLIC WORKS Passed.
AYES - 9 - NOES - 0
NO. 66
B. DAVIS- M. JONES No. 71
GAS CUT OFF SHERMN ST Abatement of Demolition Invoices from MUNIS
THE RESIDENTS ON SHERMAN ST. WOULD LIKE YOUR (Item No. 44, C.C.P., Mar. 16, 2004)
HELP WITH A PROBLEM THEY ARE HAVING WITH That the Commissioner of Administration and Finance be, and
NATIONAL FUEL GAS COMPANY. he hereby is authorized to abate from the MUNIS system the
THE PETITION EXPLAINS THE SITUATION THAT EXITS. revised list of uncollectable demolition invoices as attached to
This is to inform you that the residents on Sherman Street has the above communication.
filed a petition. Passed.
The residents on Sherman Street, Buffalo, New York, 14212 AYES - 9 - NOES - 0
are requesting compensation for the inconvenience that they
endured while there was a cut off of their gas. No. 72
Relocating to other quarters with their children unable to cook, S. Stachowski-Comments-Req. Water Board Audit
bathe, and keep warm. Expenses were for these reasons (CCP#65-Mar. 16, 04)
lodging, food, travel also the gas company had to re-enter the That the above item be and the same hereby is received and
homes to turn gas back on. filed.
This problem started on February 20, 2004 and as of this date ADOPTED
we do not know if it has been corrected.
REFERRED TO THE COMMITTEE ON LEGISLATION, No. 73
CORPORATION COUNSEL, NATIONAL FUEL GAS AND Youth Services Study
BUFFALO WATER BOARD (Item No. 45, C.C.P., Mar. 16, 2004)
That the Commissioner of Administration and Finance be, and
Regular Committees he hereby is authorized to abate Invoice Number 537 to Erie
County for the amount of $75,000 which was earmarked for a
CIVIL SERVICE study of "Consolidation of Youth Services Functions".
(Bonnie E. Russell, Chairperson) Passed.
AYES - 9 - NOES - 0
NO. 67
LEGISLATION NO. 79
(Richard A. Fontana, Chairman) R. SANTORO, PETITION TO USE 525 GRIDER STREET
- GROUND SIGN
no. 74 (ITEM NO. 70, C.C.P., MAR. 16, 2004)
R. Moore-Req. Renew Application-Kaleida Health That after the petition of R. Santoro, agent, for
Wom/Child. Hospital-Helipad (Hrg. 3/30) permission to use 525 Grider Street for a ground sign be, and
(Hrg. 2/17) (CCP#41-2/3/04) hereby is approved.
That the above item be and the same is returned to the Passed.
Common Council without recommendation. AYES-9. NOES-0.
RECOMMENDED BY THE COMMITTEE ON LEGISLATION
A public hearing has been set, before the Common Council, at NO. 80
this regularly scheduled meeting, on the above item, and a ORDINANCE AMENDMENT - CHAPTER 175 - FEES
Notice of same has been published in the Buffalo News, a copy (ENCROACHMENTS)
of which is attached hereto. (ITEM NO. 117, C.C.P., MAR. 16, 2004)
On a motion by Mr. Coppola, seconded by Mr. Bonifacio the That the above item be, and the same hereby is
item is properly before the Common Council, and the hearing is returned to the Common Council without recommendation.
opened. Mr. Fontana moved that the above item be recommitted to the
CARRIED. Committee on Legislation
Appearances –Dr. S. Lana, Consultant, Dr. Kathleen Lillis, ADOPTED.
Children’s Hospital, Capt. Kevin Caffrey, A. Giacalone, Attny,
Residents Catherine Gillespie, John Lippses NO. 81
Mr. Coppola now moved that the hearing be closed. Seconded ORD. AMENDS. CHAPTER 175 FEES (PARKING &
by PARKING LOTS)
Mr. Bonifacio (CCP#143-MAR. 16,04)
CARRIED. That the above item be and the same hereby is received and
Mr. Fontana moved that the item be recommitted to the filed.
Committee on Legislation. ADOPTED
ADOPTED.
NO. 82
No. 75 B. DAVIS-ORD. AMEND.-CHAPTER 511 –
A. Giacalone-Info. -Prop. Helipad at Women & Children's ZONING, USE PERMITS REQ.
Hospital (CCP#53-NOV. 25, 03)
(CCP#53-Mar. 2,04) That the above item be and the same hereby is received and
Mr. Fontana moved that the above item be recommitted to the filed.
Committee on Legislation ADOPTED
ADOPTED.
NO. 83
No. 76 B. DAVIS-D. MCPHERSON-AMENDMENT TO SECTION
N. Kotrides, Petition to Use 1435 Hertel Avenue - 2 Story 511-136 OF CITY CODE HSF
Masonry/Structural Steel for (CCP#59-DEC. 23, 03)
Sit-in Restaurant That the above item be and the same hereby is received and
(Item No. 66, C.C.P., Mar. 16, 2004) filed.
That after the public -hearing before the Committee on ADOPTED
Legislation on March 23, 2004, the petition of N. Kotrides,
owner, for permission to use 1435 Hertel Avenue for a 2 story NO. 84
masonry/structural steel, sit-in restaurant with parking be, and W. BERRY-SECTION 511-136, SOC. SVS.' SITING ORD.
hereby is approved. AMEND. RESPONSE
PASSED. (CCP#41-FEB. 17, 04)
AYES - 9 - NOES - 0 That the above item be and the same hereby is received and
filed.
NO. 77 ADOPTED
V. SEMERARO, PETITION TO USE 1292 HERTEL AVENUE
- SIDEWALK CAF& EXTENSION NO. 85
(ITEM NO. 67, C.C.P., MAR. 16, 2004) USE PERMIT REQ. FOR HUMAN SERVICES FACILITY
That after the public hearing before the Committee (CCP#21-JAN. 6, 04)
on Legislation on March 23, 2004, the petition of V. Semeraro, That the above item be and the same hereby is received and
agent, for permission to use 1292 Hertel Avenue for a sidewalk filed.
caf6 extension be, and hereby is approved. ADOPTED
Passed.
AYES-9. NOES-0. NO. 86
REVIEW ONLINE ELECTRICAL PERMIT PROCESS
NO. 78 (CCP# 103 -MAR. 2, 04)
D. MALIS, AGT, USE 590 AKA 592 AMHERST-HSF (NO Mr. Fontana moved that the above item be recommitted to the
PUB. HRG. REQ.) Committee on Legislation
(CCP#69-MAR. 16, 04) ADOPTED.
That the above item be and the same hereby is received and
filed. NO. 87
ADOPTED REVIEW ONLINE ELECTRICAL PERMIT PROCESS (MIS)
(CCP#23-MAR. 16,04)
Mr. Fontana moved that the above item be recommitted to the (CCP#27-FEB. 3, 04)
Committee on Legislation That the above item be and the same hereby is referred to the
ADOPTED. Special Committee on Budget.
ADOPTED
NO. 88
REVIEW ONLINE ELEC. PERMIT PROCESS NO. 96
(PERMITS/INSP.) CITY/CO. MERGER OF PW & DISPATCHERS (A&F)
(CCP#42-MAR. 16, 04) (CCP#31 -FEB. 17, 04)
Mr. Fontana moved that the above item be recommitted to the That the above item be and the same hereby is referred to the
Committee on Legislation Special Committee on Budget.
ADOPTED. ADOPTED
NO. 89 NO. 97
CHANGES TO PARKING METER LEGENDS BOARD OF TRUSTEES FOR CITY OF BUFFALO
(CCP#118-MAR. 16,04) LIBRARIES
That the above item be and the same hereby is received and (ITEM NO. 109, C.C.P., MAR. 2, 2004)
filed. That the above item be and the same hereby is
ADOPTED returned to the Common Council without recommendation.
Mr. Fontana moved that the above item be recommitted to the
NO. 90 Committee on Legislation
APPOINTMENT OF MEMBER TO THE BUFFALO SEWER ADOPTED.
AUTHORITY
(ITEM NO. 1, C.C.P., MAR. 2, 2004) NO. 98
That the appointment of Eleanor C. Wilson J. KLUKOWSKI-SUPPORT CREATION OF A LIBRARY
DiVincenzo, residing at 1834 William Street as a member of BOARD FOR COB
the Buffalo Sewer Authority for a term expiring on June 30, (CCP#61 -MAR. 16, 04)
2004, be and it hereby is approved. That the above item be and the same hereby is received and
Passed filed.
AYES-9. NOES-0. ADOPTED
NO. 91 NO. 99
APPT.-MEMBER-BFLO. BD. OF PARKING (MAYOR) R. MAHONEY-COMMENTS-BD. OF TRUSTEES FOR COB
(CCP#1 -MAR. 16,04) LIBRARIES
That the above item be and the same hereby is approved. (CCP#62-MAR. 16, 04)
PASSED. That the above item be and the same hereby is received and
AYES-9. NOES-0. filed.
ADOPTED
NO. 92
APPT.-MEMBERS-BFLO. ARTS COMM. (MAYOR) NO. 100
(CCP#2-MAR. 16,04) AMEND CHARTER-MANDATE-ADEQ. FUNDING-TREE
That the above item be and the same hereby is received and REMOV./PRUN. -AVOID INJ./LIAB.
filed. (CCP#163-SEPT. 16, 03)
ADOPTED That the above item be and the same hereby is referred to the
Special Committee on Budget.
NO. 93 ADOPTED
RE-APPOINTMENT OF MEMBER TO THE
APPRAISAL REVIEW BOARD NO. 101
(ITEM NO. 3, C.C.P., MAR. 16, 2004) GROUP HEALTH INSURANCE FOR MUNICIPALITIES (HR)
That the appointment of Joseph Sole, residing at (CCP#25-JAN. 20, 04)
171 Park Street as a member of the Appraisal Review Board That the above item be and the same hereby is received and
for a term expiring on December 31, 2007, be and it hereby is filed.
approved. ADOPTED
That Mr. Sole’s appointment be conditional on the
fact that he must pay the City of Buffalo for any outstanding NO. 102
debts owed by April 15, 2004. K. O’HARA-EC LAB. REL.-GROUP HEALTH INSURANCE
PASSED. FOR MUNICIPALITIES
AYES-9. NOES-0. (CCP#36-JAN. 20, 04)
That the above item be and the same hereby is received and
NO. 94 filed.
CITY/COUNTY MERGER OF PUBLIC WORKS & ADOPTED
DISPATCHERS
(CCP#155-JAN. 20, 04) NO. 103
That the above item be and the same hereby is referred to the USED CAR DEALER LICENSE - 1719 WILLIAM STREET
Special Committee on Budget. (LOVEJOY)
ADOPTED (ITEM NO. 23, C.C.P., FEB. 3, 2004)
That pursuant to Chapter 254 of the City Code, the
NO. 95 Commissioner of Permit & Inspections Services be, and he
CITY/CO. MERGER OF PW & DISPATCHERS/HEALTH hereby is authorized to grant a Used Car Dealer license to
CAR DEPENDENT AUDIT (HR)
Edward Miller d1b/a E. M. Auto, located at 1719 Fillmore above and that the draft Urban Renewal Plan be submitted to
Avenue with a 2 car limit. the Common Council for approval.
Passed. PASSED.
AYES-9. NOES-0. AYES-9. NOES-0.
NO. 104 NO. 107
AGREEMENT - GREAT ARROW, INC. SITE DESIGNATION - GENESEE VILLAGE PROJECT
(ITEM NO. 36, C.C.P., MAR. 2, 2004) AREA (CITY PLANNING BD.)
That the Commissioner of Administration and (ITEM NO. 7, C.C.P., MAR. 16, 2004)
Finance be, and he hereby is authorized to enter into an That the above item be, and the same hereby is
Agreement between the City of Buffalo and the D 175 Great returned to the Common Council without recommendation.
Arrow, Inc., located at 255 Great Arrow Avenue for storage of Mr. Golombek moved:
vehicles for the Division of Parking Enforcement, under the That the above mentioned item be and the same is hereby
terms and conditions as listed in the lease. received and filed.
in the event that the owner - lessor sells the property and/or Adopted.
building during the term of this agreement, or terminate the
agreement or in any manner detrimentally imparts the City's NO. 108
use of the building for storage of vehicles the owner - lessor CORNERSTONE MANOR DEVELOPMENT - SEQR LEAD
shall be fully responsible for and any all costs of relocating AGENCY DESIGNATION
vehicles, stored at or on the property and any related costs of (ITEM NO. 11, C.C.P., MAR. 16, 2004)
vehicle removal and relocation That pursuant to the New York State Environmental
PASSED Quality Review Act (SEQR) Section 617.6 and Section 1-68-7
AYES - BONIFACIO, COPPOLA, DAVIS, FONTANA, of the Code of the City of Buffalo, the Buffalo Urban Renewal
FRANCZYK, GOLOMBEK, RUSSELL AND THOMPSON –8. Agency is authorized to accept the designation of Lead Agency
NOES -GRIFFIN - 1 Status for the Cornerstone Manor Development.
PASSED.
NO. 105 AYES-9. NOES-0.
T. TARAPACKI-COB CABLE FRANCHISE RENEWAL
OUTLINE-2/24/04 (PW) NO. 109
(CCP#24-MAR. 2, 04) NYS EMPIRE ZONE #38 & 74 - REVISION TO BOUNDARY
That the above item be and the same hereby is received and DESCRIPTION (B.E.R.C.)
filed. (ITEM NO. 46, C.C.P., MAR. 16, 2004)
ADOPTED That the above item be, and the same hereby is
returned to the Common Council without recommendation.
COMMUNITY DEVELOPMENT Mr. Golombek moved that the above item be recommitted to the
Committee on Community Development.
(JOSEPH GOLOMBEK JR., CHAIRMAN) ADOPTED.
NO. 106 NO. 110
SITE DESIGNATION-GENESEE VILLAGE PROJECT AREA NYS EMPIRE ZONE #38 & 74 - REVISION TO BOUNDARY
(#138-3/16/04) (HRG. 3/30) DESCRIPTION
Mr. Golombek moved: (ITEM NO. 122, C.C.P., MAR. 16, 2004)
That the above item be returned to the Common Council That the above item be, and the same hereby is
without recommendation. returned to the Common Council without recommendation.
A public hearing has been set, before the Common Mr. Golombek moved that the above item be recommitted to the
Council, at this regularly scheduled meeting, on the above item, Committee on Community Development.
and a Notice of Same has been published in the Buffalo News, ADOPTED.
a copy of which is attached hereto.
On a motion by Mr. Coppola, seconded by Mr. Davis, the NO. 111
item is properly before the Common Council, and the hearing is P. MCSPADDEN-REQ. PURCHASE OF 2343 BAILEY AVE.
opened. CARRIED. Appearances –B. Davis; R. Fontana (CCP#53-FEB. 17, 04)
Mr. Coppola now moved that the hearing be closed. Seconded That the above item be and the same hereby is received and
by Mr. filed.
Mr. Davis. ADOPTED
CARRIED
Mr. Coppola Moved: NO. 112
That the City Planning Board of and for the City of RESULTS OF NEGOTIATIONS 2188 FILLMORE AVENUE
Buffalo, do hereby report to the Common Council and certify (ITEM NO. 14, C.C.P., MAR. 16, 2004)
our unqualified approval of the site designation of the Genesee That the above item' be, and the same hereby is
Village as being of substandard conditions that impairs the returned to the Common Council without recommendation.
growth and development of the area, as defined in Subdivision Mr. Golombek Moved:
3 of Section 502, Article 15 of the New York State Municipal That the offer. from Tri-Main Development (a/k/a
Law and do hereby designate the area, pursuant to Section Market On Main, Inc.), be amended to include Fillmore Avenue,
504, Article 15 of the New York State General Municipal Law, for an additional sum of one thousand six hundred and fifty
as being appropriate for Urban Renewal treatment; and dollars ($1,650.00), be and is hereby accepted; and
That the Coordinator of the Office of Strategic That the appraisal requested by the City of Buffalo
Planning is hereby directed and authorized to prepare an Urban shall be paid by the purchaser; and
Renewal Plan for the long term, comprehensive redevelopment That the transfer tax, recording fees and cost of
of the designated Genesee Village Project Area, as described legal description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to documents for the transfer of title and that the Mayor be
prepare the necessary documents for the transfer of title and authorized to execute the same.
that the Mayor be authorized to execute the same, in Passed.
accordance with the terms of sale upon which the offer was AYES-9. NOES-0.
submitted.
Passed. NO. 116
AYES-9. NOES-0. TAX INCREMENT FINANCE DIST. (A&F)
(CCP#33-FEB. 17, 04)
NO. 113 That the above item be and the same hereby is referred to the
RESULTS OF NEGOTIATIONS - PROPERTIES ON Committee on Finance.
ELLICOTT, RILEY & LAUREL STREETS (ELLICOTT ADOPTED
DISTRICT)
(ITEM NO. 15, C.C.P., MAR. 16, 2004) NO. 117
That the above item be, and the same hereby is ERIE COUNTY LEGISLATURE - SUPPORTS THE DOLLAR
returned to the Common Council without recommendation. HOME INITIATIVE EXTENSION
Mr. Golombek moved: (ITEM NO. 58, C.C.P., MAR. 16, 2004)
That the offer from Mr. R. Cash Cunningham, of That the Eric County Legislature supports the Dollar
Cash Realty of WNY, Inc., 1325 Main Street, in the sum of Home Initiative and Erie County's agreement with the U.S.
twenty three thousand and one hundred fifty dollars ($23,150) Department of Housing and Urban Development; and
for the purchase of sixteen (16) City-owned vacant lots located That the Erie County Legislature supports the
on Ellicott, Riley and Laurel Streets, as more fully described in extension and application of this program to more house and
the attachment to the above communication, be and are hereby communities in Erie County, and specifically in the City of
accepted; and Buffalo; and
That the appraisal requested by the City of Buffalo That the Erie County Legislature urges the
shall be paid by the purchaser; and Commissioner for Environment and Planning to continue to
That the transfer tax, recording fees and cost of acquire more HUD houses through the Dollar Home program
legal description shall be paid by the purchaser; and and continue work with community partners to offer those
That the Corporation Counsel be authorized to homes to eligible homebuyers; and
prepare the necessary documents for the transfer of title and That certified copies of this resolution be forward to
that the Mayor be authorized to execute the same, in Erie County Executive Joel Glambra, Erie County
accordance with the terms of sale upon which the offer was Commissioner of Planning and Environment Laurence Rubin,
submitted. the Mayors and Council of the Cities of Buffalo, Lackawanna,
Passed. and Tonawanda, the Supervisors and Councils of all Erie
AYES-9. NOES-0. County towns, the Mayors and Trustees of all Erie County
Villages, the Buffalo regional office of the U.S. Department of
NO. 114 Housing and Urban Development, and the local Congressional
TRANSFER OF TITLE - 169 LAUREL STREET delegation.
(ITEM NO. 8, C.C.P., MAR. 2, 2004) Adopted.
(ITEM NO. 114, C.C.P., MAR. 16, 2004)
That the above item be, and the same hereby is NO. 118
returned to the Common Council without recommendation. ERIE COUNTY LEGISLATURE - SUPPORT THE
Mr. Golombek moved: EXPANSION OF THE RENEWAL COMMUNITY
That the city-owned property commonly known as (ITEM NO. 59, C.C.P., MAR. 16, 2004)
169 Laurel Street, is hereby designated as Homestead That the Erie County Legislature expresses its full
Property, and that the Mayor be, and he hereby is authorized to support for the expansion of the Renewal Community and
execute a deed transferring said property to Ms. Lillian Berry, urges the local federal congressional delegation to support the
residing at 171 Laurel Street, for the amount of One Dollar geographic expansion of the Renewal Community through
($1.00) and no more, and all costs of transfer, on the condition legislation in the U.S. House of Representatives and the U.S.
the property is cleaned and improved within six (6) months and Senate (S. 100); and
maintained in a sanitary manner. That the Erie County Legislature urges local
Passed. government authorities, offices and private sector business
AYES-9. NOES-0. groups to work together to aggressively and fully market and
publicize the program to private businesses, and be it further;
NO. 115 That certified copies of this resolution be forward to
TRANSFER OF TITLE - 120 ROSE STREET Erie County Executive Joel Giambra, Erie County
(ITEM NO. 9, C.C.P., MAR. 2, 2004) Commissioner of Planning and Environment Laurence Rubin,
(ITEM NO. 115, C.C.P. MAR. 16, 2004) ECIDA, the Mayor of the City of Buffalo, Buffalo Common
That the above item be, and the same hereby is Council, Mayor of Lackawanna, Lackawanna City Council,
returned to the Common Council without recommendation. Buffalo Niagara Enterprise, Buffalo Niagara Partnership, local
Mr. Golombek moved: office of Fannie Mae, and the local Federal Delegation.
That the city-owned property commonly known as Adopted.
120 Rose Street, is hereby designated as Homestead Property,
and that the Mayor be, and he hereby is authorized to execute a NO. 119
deed transferring said property to Ms. Chawntay 0. Brown, H. TAYLOR-FRUIT BELT/MED. CORRIDOR-
residing at 120 Rose Street, for the amount of One Dollar TAX INCREMENT FIN. DIST. (PW)
($1.00) and no more, and all costs of transfer, with the specific (CCP# 11 -JAN. 6, 04)
conditions as listed in the above communication. That the That the above item be and the same hereby is referred to the
Corporation Counsel be authorized to prepare the necessary Committee on Finance.
ADOPTED
NO. 128
NO. 120 TRANSFER OF TITLE, URBAN HOMESTEAD
H. TAYLOR-FRUIT BELT/MED. CORRIDOR-TAX - 145 LOCUST STREET (ITEM NO. 15, C.C.P., NOV. 25,
INCREMENT FIN. DIST. RPT. (ASSESS/TAX) 2003) (ITEM NO. 146, C.C.P., DEC. 9, 2003)
(CCP413-JAN. 20, 04) That the city-owned property commonly known as
That the above item be and the same hereby is referred to the 145 Locust Street, is hereby designated as Homestead
Committee on Finance. Property, and that the Mayor be, and he hereby is authorized to
ADOPTED execute a deed transferring said property to Ms. Jacqueline
Bobo, residing at 114 Lemon Street, in the amount of $1.00
NO. 121 (One Dollar), and all costs of transfer, on the condition the
H. TAYLOR-FRUIT BELT/MED. CORRIDOR-TAX INCRE. property is cleaned and improved within six (6) months and
FIN. DIST. RPT. (#24,3/19) (ASSESS/TAX) maintained in a sanitary manner.
(CCP#127-MAR. 18, 04) Passed.
That the above item be and the same hereby is referred to the AYES-9. NOES-0.
Committee on Finance.
ADOPTED NO. 129
B. DAVIS-C. TROTTER & O-REQ. CITY TRIM TREES,
NO. 122 ETC.-FRUIT BELT NEIGHBORHOOD (#97,4/1)
H. TAYLOR-FRUIT BELT/MED. CORRIDOR-TAX INCRE. (CCP#162-DEC. 9, 03)
FIN. DIST. RPT. (#83,3/5) That the above item be and the same hereby is received and
(CCP#128-MAR. 18, 04) filed.
That the above item be and the same hereby is referred to the ADOPTED
Committee on Finance.
ADOPTED NO. 130
B. DAVIS-C. TROTTER & O-TREES-FRUIT BELT
NO. 123 NEIGHBORHOOD
H. TAYLOR-CTR. FOR URB. STUD.-REVITAL. FRUIT (#12,4/29) (PW)
BELTIBFLO. NIAG. MED. CAMPUS (#29,12/26)(CP) (CCP#163-DEC. 9, 03)
(CCP#129-MAR. 18,04) That the above item be and the same hereby is received and
That the above item be and the same hereby is referred to the filed.
Committee on Finance. ADOPTED
ADOPTED
SPECIAL COMMITTEES
NO. 124
TRANSFER OF TITLE-UHP-110 LOCUST (#159, 9/16)(#15, EDUCATION
5/27)(STRAT. PLAN.)
(CCP# 102-NOV. 25, 03) (ANTOINE M. THOMPSON, CHAIRMAN)
That the above item be and the same hereby is referred to the
Committee on Finance. NO. 131
ADOPTED INCREASE SIZE OF JOINT SCHOOLS CONST. BD.
(CCP#119-DEC. 11, 03)
NO. 125 That the above item be and the same hereby is received and
TRANSFER OF TITLE-UHP- 110 LOCUST ST. (# 160, 9/16) filed.
(# 16, 5/27)(STRAT. PLAN.) ADOPTED
(CCP#103-NOV. 25, 03)
That the above item be and the same hereby is referred to the NO. 132
Committee on Finance. EXP. R. SCH. CONST. BD. TO INCREASE COMM.
ADOPTED INVOLVEMENT
(CCP#131-FEB. 5, 04)
That the above item be and the same hereby is received and
NO. 126 filed.
TRANSFER OF TITLE-UHP-303 MAPLE ST. (#161, ADOPTED
9/16)(#125, 6/10)
(#6, 4/29)(STRAT. PLAN.) NO. 133
(CCP#104-NOV. 25, 03) A. THOMPSON-J. PETERS-INCLUSION COMM.-R. SCH.
That the above item be and the same hereby is referred to the CONST. BD.
Committee on Finance. (CCP#95-APR. 30, 03)
ADOPTED That the above item be and the same hereby is referred to the
Special Committee on Minority Business Enterprise.
NO. 127 ADOPTED
TRANSFER OF TITLE-UHP- 113 MULBERRY
(# 162, 9/16)(# 126, 6/10) NO. 134
(# 156, 4/15) P. FREEMAN & O-SUPP. HIGH SCH. FOOTBALL
(#113,3/4)(#18,2/18)(STRAT. PLAN.) TEAMS-PART. IN SEC. FTBLL PLAY
(CCP#105-NOV. 25, 03) (CCP#101-APR. 4,03)
That the above item be and the same hereby is referred to the That the above item be and the same hereby is received and
Committee on Finance. filed.
ADOPTED ADOPTED
NO. 135 That the above item be and the same hereby is received and
SCH. DESEGREGATION-ELIM. OF BUSING IN BFLO. PUB. filed.
SCHOOLS ADOPTED
(CCP#227-MAY 1, 03)
That the above item be and the same hereby is received and NO. 144
filed. A. THOMPSON-SCHOOL CLOSING (FOLLOW THROUGH
ADOPTED URBAN LEARNING LAB)
(CCP#73-DEC. 23, 03)
NO. 136 That the above item be and the same hereby is received and
C. FISHER & O-SUPPORT COB RESIDENCY ISSUE filed.
(CCP#108-MAY 14,03) ADOPTED
That the above item be and the same hereby is received and
filed. RESOLUTIONS
ADOPTED
NO. 145
NO. 137 By: Mr. Bonifacio
C. FISHER-MOCHA-CLEVELAND PUB SCH INFO PUB REQUEST STREET NAME CHANGE OF NORMAL
SAFETY FUNDAMENTAL COURSE AVENUE BETWEEN PENNSYLVANIA AND PORTER
(CCP#57-MAY 27, 03) TO "KLEINHANS PLACE"
That the above item be and the same hereby is received and Whereas: Residents and Property owners in the Kleinhans
filed. Music Hall neighborhood have requested the City of Buffalo to
ADOPTED change the name of Normal Avenue between Pennsylvania and
Porter to "Kleinhans Place;"
NO. 138 Whereas: This stretch of Normal Avenue runs directly behind
B. GRAY-"ONLY 5% OF ELIGIBLE BFLO. STUDENTS Kleinhans Music Hall therefore the name of "Kleinhans Place"
RECEIVE TUTORING" CRITERION is an appropriate tribute; and
(CCP#91 -JULY 22, 03) Whereas: Changing the name to "Kleinhans Place" will greater
That the above item be and the same hereby is received and signify Kleinhans Music Hall as a Buffalo landmark, making it
filed. easier for visitors to find and for residents to identify with; and
ADOPTED Now, Therefore Be It Resolved:
That the Common Council hereby requests and authorizes the
NO. 139 City of Buffalo to change the name of Normal Avenue between
C. FISHER-J. SADLER-RPT. OF Pennsylvania and Porter to "Kleinhans Place" in tribute to
ACTIVITES-AFRICAN/MULTICULTURAL ED. PROG. Kleinhans Music Hall; and
(CCP#99-MAY 20, 03) Be It Further Resolved:
That the above item be and the same hereby is received and That this resolution be forwarded to the Department of Public
filed. Works to carry out this requested name change.
ADOPTED REFERRED TO THE COMMITTEE ON LEGISLATION,
COMMISSIONER OF PUBLIC WORKS, CORPORATION
NO. 140 COUNSEL, UNITED STATES POSTAL SERVICE,
CIMINELLI CONST.-BOARD PACKET COMMISSIONER OF POLICE, COMMISSIONER OF FIRE
DOCUMENTS-12/1/03 AND OFFICE OF DISASTER PREPAREDNESS.
(CCP#37-DEC. 9, 03)
That the above item be and the same hereby is received and NO. 146
filed. By: Mr. Coppola:
ADOPTED HOME RULE MESSAGE SENATE BILL #6522, ASSEMBLY
#10229 "AN ACT TO AUTHORIZE THE TRANSFER OF
NO. 141 THE BUFFALO ZOOLOGICAL GARDENS FROM THE CITY
C. FISHER-D. GOODWIN-CONCEMS- OF BUFFALO TO THE COUNTY OF ERIE."
COMMENTS-PENNANENT RECORDS Whereas: A Bill has been introduced in the New York State
(CCP#40-DEC. 9, 03) Assembly # 10229 and New York State Senate #6522 to
That the above item be and the same hereby is received and authorize the transfer of the Buffalo Zoological Gardens from
filed. the City of Buffalo to the County of Erie; and
ADOPTED Whereas: In December, 2003 the Common Council authorized
the City of Buffalo to enter into a Regional Assets Sales
NO. 142 Agreement with the County of Erie for the transfer of the
C. FISHER-D. GOODWIN-CONCERNS-PERM. REC/C.L. Buffalo Zoological Gardens, Shea's Performing Arts Center
KIRKLAND-CONCERNS SCHOOL #8 CLOSING and Kleinhan's Music Hall; and
(BOE) Whereas: In order to implement the Regional Assets Sales
(CCP#42-DEC. 23, 03) Agreement, State enabling legislation is needed to authorize
That the above item be and the same hereby is received and the transfer of the Buffalo Zoological Gardens from the City of
filed. Buffalo to the County of Erie; and
ADOPTED Whereas: A Home Rule Message approved by the Common
Council is necessary for the State of New York to pass the
NO. 143 legislation; and
C. FISHER-C.L. KIRKLAND-CONCEMS-SCHOOL #8 Now Therefore Be Resolved:
CLOSING That the Common Council of the City of Buffalo hereby goes on
(CCP#41 -DEC. 9,03) record in support of Assembly Bill # 10229 and Senate Bill
#6522, "An act to authorize the transfer of the Buffalo
Zoological Gardens from the City of Buffalo to the County of authorized by this resolution are to be issued within the
Erie", and limitations of Section 11.00 (a) 62(2 d) of the Local Finance
Be it further resolved that: Law, is five (5) years.
That the City Clerk is hereby authorized and directed to forward (b) Current funds are not required by the Law
certified copies of this resolution and to send copies thereof to to be provided as a down payment prior to the issuance of the
the Home Rule Counsel of the Senate and the Assembly and to bonds authorized by this resolution or any bond anticipation
Governor George Pataki, to Assembly Speaker Sheldon Silver, notes issued in anticipation thereof in accordance- with Section
to the Assembly Majority Leader Paul Tokasz, to the Secretary 107.00 d. 9, of the Law.
of the Senate, to the Senate Majority Leader Joseph Bruno, and Section 5. Each of the bonds authorized by
to members of the this resolution and any bond anticipation notes issued in
Western New York Legislation delegation. anticipation of the sale of said bonds and the renewals of said
Passed. notes shall contain the recital of validity prescribed by Section
AYES-BONIFACIO, COPPOLA, FONTANA, FRANCZYK, 52.00 of the Local Finance Law. Said bonds and said notes
GOLOMBEK, GRIFFIN, RUSSELL, THOMPSON-8. shall be general obligations of the City of Buffalo payable as to
NOES-DAVIS-1. both principal and interest by a general tax upon all the taxable
real property within said City without limitation as to rate or
NO. 147 amount. The faith and credit of said City are hereby irrevocably
BY: MR. DAVIS pledged for the punctual payment of the principal of and
BOND RESOLUTION interest on said bonds and said notes. Provision shall be made
FIRE FACILITIES CONDITION ASSESSMENT annually by appropriation by said City for the payment of
ACCOUNT 3000-32 interest on and for the amounts required for the amortization
$120,000 and redemption of said bonds and said notes.
Bond Resolution of the City of Buffalo, New York,, authorizing Section 6. The validity of the bonds authorized
the issuance of $120,000 General Improvement Bonds of said by this resolution or any bond anticipation notes issued in
City to finance the cost of the preparation of surveys, anticipation of the sale of said bonds may be contested only if,
preliminary and detailed plans, specifications and estimates (a) Such obligations are authorized for
necessary for planning improvements to Fire Department an object or purpose for which the
facilities located throughout the City, at the estimated total cost City of Buffalo is not authorized to
of$120,000. expend money, or
The Common Council of the City of Buffalo, in (b) The provisions of law which should
the County of Eric, New York, hereby resolves (by the favorable be complied with at the date of the
vote of not less than two-thirds of all the members of said publication of this resolution are not
Common Council) as follows: substantially complied with,
Section 1. The Comptroller of the City of and an action, suit or proceeding contesting such validity, is
Buffalo, in the County of Erie, New York, is hereby authorized commenced within twenty days after the date of such
and directed to issue General Improvement Bonds of said City publication,
in the principal amount of One Hundred Twenty Thousand Or
Dollars ($120,000), pursuant to the provisions of the Charter of (c) Such obligations are authorized in
said City and the Local Finance Law, constituting Chapter 33-a violation of the provisions of the constitution.
of the Consolidated Laws of the State of New York (the "Law"), Message of Necessity
to finance the cost of the preparation of surveys, preliminary That pursuant to law, we do hereby certify that immediate
and detailed plans, specifications and estimates necessary for passage of the attached bond resolution is necessary for the
planning improvements to Fire Department facilities located efficient conduct of City business.
throughout the City. The estimated total cost of said specific ANTHONY M. MASIELLO
object or purpose for which the bonds authorized by this Mayor
resolution are to be issued, including preliminary costs and ANDREW SANFILIPPO
costs incidental thereto and the financing thereof, is $120,000 Comptroller
as set forth in the duly adopted 2004 Capital Improvements PASSED.
Budget of said City, as amended.. AYES-9. NOES-0.
Section 2. The proceeds of the sale of the
bonds authorized by this resolution, or any bond anticipation NO. 148
notes issued in anticipation of the sale of said bonds shall be BY: MR. DAVIS
deposited in the Capital Projects Fund to the Credit of the BOND RESOLUTION
Department of Fire, "Fire Facilities Condition EXPANSION/RECONSTRUCTION ENGINE 34
Assessment-2004, Bond Authorization Account No, 2 100, and ACCOUNT 3000-21
shall be used for the specific object or purpose specified in $1,000,000
Section I of this resolution. Bond Resolution of the City of Buffalo, New
Section 3. The City intends to finance, on an York,, authorizing the issuance of $1,000,000
interim basis, the costs or a portion of the costs of said objects General Improvement Bonds of said City to
or purposes for which bonds are herein authorized, which finance the cost of partial reconstruction of
costs are reasonably expected to be incurred by the City, and construction of an addition to the existing
pursuant to this Bond Resolution, in the maximum amount of Engine 34 Fire Station located at 2833 Main
$120,000. This Resolution is a declaration of Official Intent Street, at the estimated maximum cost of $
adopted pursuant to the requirements of Treasury Regulation 1,000,000.
Section 1. 150-2. The Common Council of the City of Buffalo, in
Section 4. The following additional matters are the County of Eric, New York, hereby resolves (by the favorable
hereby determined and stated: vote of not less than two-thirds of all the members of said
(a) The period of probable usefulness Common Council) as follows:
applicable to the specific object or purpose for which the bonds
Section 1. The Comptroller of the City of (b) The provisions of law which should
Buffalo, in the County of Erie, New York, is hereby authorized be complied with at the date of the
and directed to issue General Improvement Bonds of said City publication of this resolution are not
in the principal amount of One Million Dollars (S 1,000,000), substantially complied with,
pursuant to the provisions of the Charter of said City and the and an action, suit or proceeding contesting such validity, is
Local Finance Law, constituting Chapter 33-a of the commenced within twenty days after the date of such
Consolidated Laws of the State of New York (the "Law"), to publication,
finance the cost of partial reconstruction of and construction of or
an addition to the existing Engine 34 Fire Station located at (c) Such obligations are authorized in
2833 Main Street. The estimated total cost of said specific violation of the provisions of the constitution.
object or purpose for which the bonds authorized by this MESSAGE OF NECESSITY
resolution are to be issued, including preliminary costs and That pursuant to law, we do hereby certify that immediate
costs incidental thereto and the financing thereof, is passage of the attached bond resolution is necessary for the
$1,000,000 as act forth in the duly adopted 2004 Capital efficient conduct of City business.
Improvements Budget of said City, as amended.. PASSED
Section 2. The proceeds of the sale of the AYES-9. NOES-0.
bonds authorized by this resolution, or any bond anticipation NO. 149
notes issued in anticipation of the sale of said bonds shall be BY BRIAN DAVIS, DISTRICT COUNCILMEMBER
deposited in the Capital Projects Fund to the credit of the REQUEST TO TRANSFER PARCELS ON THE ATTACHED
Department of Public Works, Division of Buildings, PROJECT DESCRIPTION FROM THE CITY OF BUFFALO
"Expansion/Reconstruction Engine 34, 2004, Bond AND/OR BNRC TO BUFFALO URBAN RENEWAL AGENCY
Authorization Account No. 3000-320, and shall be used for the WHEREAS, the City of Buffalo Urban Renewal Agency has
specific object or purpose specified in Section 1 of this approved the transfer of the parcels listed on the attached
resolution Project Description at its meeting of March 18, 2004 under
Section 3. The City intends to finance, on an Item 4 3C.
interim basis, the costs or a portion of the costs of said objects These transfers are necessary in order for the Buffalo Urban
or purposes for which bonds are herein authorized, which Renewal Agency to enter into a Land Disposition Agreement
costs are reasonably expected to be incurred by the City, with James Management Company (JMC) for the Willert Park
pursuant to this Bond Resolution, in the maximum amount of S Village Homeownership Zone
1,000,000. This Resolution is a declaration of Official Intent WHEREAS, the terms this transfer have been approved by the
adopted pursuant to the requirements of Treasury Regulation City of Buffalo Urban Renewal Agency, and
Section 1. 150-2. WHEREAS, said request to transfer has been forwarded by
Section 4. The following additional matters the City of Buffalo Urban Renewal Agency to this Common
are hereby determined and stated. Council for action, pursuant to Section 507, subdivision 2(d) of
(a) The existing building to be partially the General Municipal Law.
reconstructed is of Class "B" construction as defined by Now therefore be it resolved that the City of Buffalo be and it
Section 11.00 a. 11. (b) of the Law, and the period of probable hereby is authorized to transfer the Parcels as listed in the
usefulness applicable to the specific object or purpose for above communication, to the City of Buffalo Urban Renewal
which the bonds authorized by this resolution are to be issued, Agency for the consideration of One Dollar ($1.00) and no
within the limitations of Section 11.00 a. 12. (a)(2) of the Local more.
Finance Law, is fifteen (15) years. PASSED
(b) Current funds are not required by the AYES - 9 NOES - 0
Law to be provided as a down payment prior to the issuance of
the bonds authorized by this resolution or any bond anticipation NO. 150
notes issued in anticipation thereof in accordance with Section BY: MR. DAVIS
107.00 d. 9. of the Law. TRANSFER OF FUNDS
Section 5. Each of the bonds authorized by COMMON COUNCIL - LEGISLATIVE
this resolution and any bond anticipation notes issued in That pursuant to §20-12 of the Charter and the Certificate of
anticipation of the sale of said bonds and the renewals of said the Mayor and the Comptroller submitted to the Common
notes shall contain the recital of validity prescribed by Section Council, the sum of $3,000 be and the same is hereby
52-00 of the Local Finance Law. Said bonds and said notes transferred within Common Council Legislative and said sum is
shall be general obligations of the City of Buffalo payable as to hereby reappropriated as set forth below:
both principal and interest by a general tax upon all the taxable From:
real property within said City without limitation as to rate or 10 104001 - 411001 Salaries - Regular $3,000
amount. The faith and credit of said City are hereby irrevocably To:
pledged for the punctual payment of the principal of and 10102001 - 412002 Hourly Salary $3,000
interest on said bonds and said notes. Provision shall be made PASSED
annually by appropriation by said City for the payment of AYES - 9 NOES - 0
interest on and for the amounts required for the amortization
and redemption of said bonds and said notes. NO. 151
Section 6. The validity of the bonds BY: MR. DAVIS
authorized by this resolution or any bond anticipation notes MINORITY HEALTH MONTH
issued in anticipation of the sale of said bonds may be Whereas: National Minority Health Month was created in
contested only if. response to Healthy People 20 10, the Surgeon General's I
(a) Such obligations are authorized for 0-year health objectives for the nation issued in 2000; and
an object or purpose for which the Whereas: Minorities suffer more than 60,000 excess deaths
City of Buffalo is not authorized to annually compared to nomninorities; and
expend money, or Whereas: Minorities are more likely to die from cancer,
cardiovascular disease, stroke, chemical dependency,
diabetes, infant mortality, violence, and, in recent years, Whereas: On March 18th, 2003, this Common Council of the
acquired immunodeficiency syndrome; and City of Buffalo previously approved this home rule message,
Whereas: There is a local need for scientists in the fields of which was not acted upon in last year's State legislation
biomedical, clinical, behavioral, and health services research to session;
focus on how best to eliminate health disparities; and Now, Therefore be it Resolved:
Whereas: Minorities have made significant contributions to the That the Common Council of the City of Buffalo goes on record
United States, yet are underrepresented in the health care in support of Assembly Bill #A6059 and Senate Bill #2667 -"an
professions; and act to allow William P. Grillo to file a request for Tier 11 status
Whereas: Minority populations are not benefiting equitably from in the New York State and local employees' retirement system
advances in medical research and technology; and with the state comptroller"; and
Whereas: Minority populations face substantial cultural, social, Be it Further Resolved:
and economic barriers to obtaining access to and delivery of That the City Clerk be directed to forward certified copies of
health care; and this home rule message to Governor George Pataki,
Whereas: The major focus of Minority Health Month is to Comptroller Alan G. Hevesi, to Assembly Speaker Sheldon
eliminate health disparities, raise awareness and promote Silver, to the Clerk of the Assembly, to Assembly Majority
education on health problems currently facing minorities; and Leader Paul Tokasz, to the Secretary of the Senate, to Senate
Whereas: The Community Action Organization of Erie County, Majority Leader Joseph Bruno, and to members of the Western
Inc., and the Minority Health Coalition have partnered to New York Legislative delegation.
increase public education and awareness about health care PASSED
issues and to develop strategies to address them, reduce AYES - 9 NOES - 0
health disparities; and
Whereas: Through the observance of Minority Health Month in NO. 153
Erie County, the Community Action Organization of Erie BY: MR. FONTANA AND MR. FRANCZYK
County, Inc., and the Minority Health Coalition, Inc. seek to BANNING OF ATV'S
promote healthy lifestyles and exercise, provide crucial WHEREAS: § 309-37 of the City Charter states that "No
education and information to allow individuals to practice person shall operate a motor vehicle within a park in a reckless
disease prevention and gain additional support for the on-going manner or that creates a hazardous or physically offensive
efforts to improve minority health year round. Public condition, or that unreasonably alarms or annoys another
awareness, culturally sensitive health care and health person using the park"; and
education is essential to improving the health of minorities. WHEREAS: All Terrain Vehicles (ATV's) are rapidly increasing
Be it Finally be Resolved: and creating a problem within the city parks and causing some
That the Buffalo Common Council does hereby proclaim April concern; and
2004 as Minority Health Month in the City of Buffalo. WHEREAS: ATV's are designed for the country and not the
ADOPTED city or its parks. However, users of ATV's are driving them
everywhere with no regards or consideration for the safety of
NO. 152 others; and
BY: MR. FONTANA WHEREAS: The vehicles are being operated in a manner so
HOME RULE MESSAGE - ASSEMBLY BILL #A6059 AND as to endanger or create a risk of injury to users of the parks
SENATE BILL #S2667 - "AN ACT TO ALLOW WILLIAM P. and residents in the nearby neighborhoods as well; and
GRILLO TO FILE A REQUEST FOR TIER II STATUS IN WHEREAS: These ATV's are loud and are ripping up and
THE NEW YORK STATE AND LOCAL destroying parkland, which have to be repaired at taxpayers
EMPLOYEES'RETIREMENT SYSTEM WITH THE STATE expense, and are becoming a nuisance; and
CONPTROLLER" NOW THEREFORE BE IT RESOLVED THAT: This
Whereas: A Bill has been introduced in the NYS Assembly, Honorable Body requests the City Law Department to draft an
#A6059, and in the NYS Senate, #S2667- "an act to allow Ordinance that bans the operation of any and all ATV's in city
William P. Grillo to file a request for Tier 11 status in the New parks except for use by government officials, police officers
York State and local employees' retirement system with the and firemen.
state comptroller"; and ADOPTED
Whereas: William P. Grillo is an employee of the City of
Buffalo, who currently serves as Principal Planner and is a NO. 154
member of the New York State and Local Employees' BY: MR. FONTANA
Retirement System; and ORDINANCE AMENDMENT
Whereas: Previously, Mr. Grillo has held several titles as an CHAPTER 175 - FEES
employee of the City of Buffalo. He worked for the Buffalo CHAPTER 307 PARKING & PARKING LOTS
Urban Renewal Agency from December 27, 1977 to January The Common Council of the City of Buffalo does hereby
11, 1999, and has worked as an Administrative Aide with the ordain as follows:
City of Buffalo from April 3, 1975 to December 26, 1977; and That Chapter 307 of Chapter 175, Fees, of the Code of the City
Whereas: For reasons not ascribable to his own negligence, of Buffalo be amended to read as follows:
M[r. Grillo did not file a membership application in such system Chapter 307, Parking and Parking Lots
during April 3, 1975 to December 26, 1977. This legislation § 307-8, towing and storage For towing all 2-axle vehicles,
would grant William P. Grillo retroactive membership, as a Tier motorcycles, boats, small trailers or mobile homes under 25
II member, and allow for feet in length to impound area [$85.001 $90.00
reimbursement of all employee retirement contributions; and For each day of storage or fraction thereof after the first 24
Whereas: Bill #A6059 and #S2667 will change the date of hours
membership of William P. Grillo, an employee of the City of [$12.00] $25.00/d
Buffalo, to April 3, 1975, thereby making him a Tier H member Boot removal fee [$35.00] $45.00
of the New York It is hereby certified, pursuant to Section 3-19 of the Charter,
State and Local Employees' Retirement System; that the immediate passage of the foregoing ordinance is
necessary.
APPROVED AS TO FORM 1) Buffalo Municipal Airport
Corporation Counsel 2) Buffalo Municipal Piers Project
NOTE: Matter in brackets to be deleted; matter underlined is 3) Buffalo Small Boat Harbor Project
new. WHEREAS: Quit claim deeds were passed from the City of
PASSED Buffalo to the Niagara Frontier Port Authority and these
AYES –BONIFACIO, COPPOLA, DAVIS, FONTANA, conveyances were subject to the State Legislation and
FRANCZYK, GOLOMBEK, RUSSELL, THOMPSON - 8 Resolutions of the Common Council; and
NOES – GRIFFIN - 1 WHEREAS: In 1969 the Niagara Frontier Transportation Act
consolidated the Niagara Frontier Port Authority with the
NO. 155 Niagara Frontier Transportation Authority (NFTA); as such the
BY: MR. FONTANA NFTA took over control, possession and supervision but not
RECONSTRUCTION OF WHEELOCK STREET title of the properties transferred in 1956. The NFTA Act
Whereas: Wheelock Street is a brick street that is in dire need mirrored the language contained in the 1955 legislation and;
of resurfacing; and, WHEREAS: In fact when the NFTA sought to utilize land for
Whereas: The condition of Wheelock Street has deteriorated purposes of the airport in 1971, the NFTA paid the City of
rapidly over the years; and, Buffalo $5 million to acquire the title to this land; and
Whereas: There are several very large potholes and cracks in WHEREAS: As the City of Buffalo has maintained title and
the street as a result of settled, shifted, missing, and cracked ownership of waterfront land, any purchase of such land
bricks; and, requires the consent of the City of Buffalo, and any
Whereas: The residents of Wheelock street have filed a compensation for purchase of such land must be paid to the
petition with this Council requesting that Wheelock Street be City of Buffalo; and
resurfaced as soon as possible; and, WHEREAS: The NFTA has had jurisdiction, control,
Whereas: Several complaints have been recorded with regard possession and supervision of Buffalo land for 48 years,
to the deplorable condition of Wheelock Street; and, without much being accomplished.
Whereas: A current City Ordinance requires that brick streets Now Therefore Be It Resolved:
be reconstructed/resurfaced entirely of brick, such That for purposes of substantiating the City of Buffalo's
reconstruction, however, is cost prohibitive. ownership of the land now under the jurisdiction, control,
Now, Therefore, Be It Resolved: possession and supervision of the NFTA, that the City of
That this Common Council requests a variance from the City of Buffalo conduct a title search of this land.
Buffalo Ordinance regarding the reconstruction of brick streets, Be It Further Resolved:
thus allowing the brick pavers on Wheelock Street to be That the City of Buffalo demands payment for the land now
removed where they have settled, the base to be repaired with being sold by the NFTA to the State of New York for purposes
asphalt up to grade, and the entire street to be overlaid with an of creating a park.
asphalt top. Be It Further Resolved:
Be It Further Resolved: That the Common Council hereby requests that the jurisdiction,
That the resurfacing of Wheelock Street be added to the control, possession and supervision of the land transferred to
current street paving list and be completed this coming season. the Niagara Port Authority in 1956 be returned to the City of
Be It Further Resolved: Buffalo.
That the Buffalo Sewer Authority inspect the main and lateral Be It Finally Resolved
sewer lines for needed repairs prior to the resurfacing. That this matter be forwarded to the Governor, the Mayor,
Be It Further Resolved: Corporation Counsel, the NFTA and members of the Western
That a certified copy of this resolution be sent to the New York State Delegation for comment and to an appropriate
Commissioner of Public Works and to the Buffalo Sewer Committee of the Council for further consideration.
Authority. ADOPT 1st & 4th RESOLVES, REMAINDER TO THE
PASSED COMMITTEE ON COMMITTEE DEVELOPMENT, OFFICE
AYES - 9 NOES - 0 OF STRATEGIC PLANNING DIRECTOR, AND
CORPORATION COUNSEL.
NO. 156
SPONSOR: MR. GOLOMBEK NO. 157
CO-SPONSORS: ALL COUNCILMEMBERS BY: MR. GOLOMBEK
$4 MILLION STATE PAYMENT TO NFTA FOR 80 ACRES TRANSFER OF 1859 & 1869 NIAGARA STREET
OF WATERFRONT LAND SHOULD BE PAID TO THE CITY Whereas: The Blackrock Riverside Neighborhood Housing
OF BUFFALO Service currently owns the property located at 1859 and 1869
WHEREAS: The State of New York and the Niagara Frontier Niagara Street, in the City's North Council District; and
Transportation Authority (NFTA) have reached an agreement Whereas: The parcel at 1859 Niagara Street measures 79'x99'
whereby the state will pay the NFTA $4 million for two and the parcel at 1869 Niagara Street measures 30'x99'; and
waterfront properties; and Whereas: In 1999, the Blackrock Riverside Neighborhood
WHEREAS: In 1955 New York State enacted the Niagara Housing Service acquired this land with the intentions of
Frontier Port Authority Act. The legislation which established renovating it. The NHS took on this project with the verbal
the Niagara Frontier Port Authority allowed for the City of understanding that upon completion, the City of Buffalo would
Buffalo to transfer land to the Authority; and accept transfer of these parcels and dedicate them as City of
WHEREAS: The legislation specifically stated should the Buffalo Parkland; and
Niagara Frontier Port Authority cease to exist all land would be Whereas: The Blackrock Riverside NHS over the past few
transferred to the State except that any land transferred from years has secured thousands of dollars in funding to renovate
the City of Buffalo would revert back to the City of Buffalo, this land. With the needed funding secured and the assistance
indicating that title to the land was not being transferred; and of neighbors, the NHS is proud of this land and the well cared
WHEREAS: In 1956 the City of Buffalo transferred jurisdiction, for square with resting areas for the patrons of this common
control, possession and supervision, but not title of three area; and
projects: Now, Therefore, Be It Resolved:
That the Common Council does hereby request that the Whereas: There has been talk of casino gambling coming to
Division of Real Estate and the Corporation Counsel begin the Buffalo for several years; and
procedure of transferring these parcels from the Blackrock Whereas: Many potential sites within the City of Buffalo have
Riverside Neighborhood Housing Service to the City of Buffalo been discussed, including the Statler Towers, Memorial
for the sole purpose of dedicating them as City Parkland Auditorium, and sites along the outer harbor; and
Joseph Golombek, Jr. Whereas: There has also been much debate over the potential
REFERRED TO THE COMMITTEE ON COMMUNITY benefits of any proposed casino in Buffalo; and
DEVELOPMENT, CORPORATIOM COUNSEL,Whereas: Whether one is in favor or not, the issue of casino
DIRECTOR OF REAL ESTATE, AND COMMISSIONER gambling in Buffalo has been hotly debated; and
OF PUBLIC WORKS. Whereas: The citizens of the City of Buffalo should be given
the opportunity to decide whether or not they want a casino in
NO. 158 Buffalo;
BY: MR. GRIFFIN Now, Therefore be it Resolved:
EMERGENCY MEDICAL SERVICES IN THE CITY OF That the Common Council requests the Corporation Counsel
BUFFALO prepare the necessary paperwork to put the question of
Whereas: Presently, Emergency Medical Services in the City whether the residents of the City of Buffalo support a gambling
of Buffalo are provided by Rural Metro Medic Services and facility in the city or not on a referendum for November 2004;
Twin City Ambulance; and and
Whereas: Past concerns about Rural Metro Medical Services Be it Further Resolved:
and Twin City Ambulance included such issues as the length That the City Clerk's office send certified copies of this
of response times, billing and transportation rates,, training, resolution to Governor George Pataki, to Assembly Speaker
zoning maps, are dispatching; andSheldon Silver, to the clerk of the Assembly, to Senate Majority
Whereas: It is believed by some that the Buffalo Fire Leader Joseph Bruno, to the Secretary of the Senate, to County
Department could avoid projected personnel layoffs well as Executive Joel A. Giambra, and to the members of the Western
offset other Department costs by fully taking over Emergency New York delegation of the New York State Senate, to Mayor
Medical Services with in the City of Buffalo; and Anthony M. Masiello, to the Corporation Counsel, and to the
Whereas: It is true that initially this change in service delivery Board of Elections for their comments.
will cost the City of Buffalo money, however that cost would be REFERRED TO THE COMMITTEE ON LEGISLATION AND
recouped; and CORPORATION COUNCIL
Whereas: Long ten-n it could be more cost effective and
beneficial to the City of Buffalo, and its residents, f( the Buffalo NO. 160
Fire Department to provide Emergency Medical Services rather BY: MS. RUSSELL:
than outsourcing of services to Rural Metro and Twin City; and BUDGET AND PERSONNEL AMENDNIENT
Whereas: It is projected that a Fire Department run EMS 20-DEPARTMENT OF POLICE
Division, including ambulance paramedic transportation 1121 - ADMINISTRATION & COMMUNICATION
services and advance life support units, could generate up to From: 12021001 - 411001 Salaries $ 3,206,783.76
$26,028,250 per year; and To: 12021001 - 411001 Salaries $ 3,196,884.14
Whereas: Other cities in New York State and around the From:
Country are providing Emergency Medical Services and have 6 Police Officer $ 44,229 - $ 57,978
found the following benefits: full crews and fire apparatus are To:
no longer being used ft EMS incidents, resulting in less 4 Police Officer $ 44,229 - $ 57,978
replacement and maintenance costs; less fire personnel are I Court Liaison Coordinator $ 31,747 - $ 36,745
used as an EMS incident, resulting-, in less chance of injury I Property Office Manager $ 32,731 - $ 38,278
and time off work cost to the City; and IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the
Whereas: Cities providing Emergency Medical Services Charter, that the immediate passage of the foregoing ordinance
through their Fire Departments include City of New York, City is necessary.
of Lockport, NY, Marcellus Volunteer Fire Department, We, ROCCO J. DIINA, POLICE COMMISSIONER AND
Marcellus, NY, City of Tro) NY, City of Albany, NY, City of MICHAEL A. SEAMAN DIRECTOR OF BUDGET, hereby
Chicago, fL, City of Columbus, OH, and City of Batavia, NY; certify that the above change is necessary for the proper
Now, Therefore, Be It Resolved: conduct, administration and performance of essential services
That the Common Council of the City of Buffalo does hereby of that department- We recommend that the compensation for
request that the Buffalo Fire Department, the Buffalo Law said position be fixed at the respective amount set forth in the
Department, and the Department of Administration & Finance foregoing ordinance.
review the feasibility of the Buffalo Fire Department providing all ROCCO J. DIINA
Emergency Medical Services with in the City of Buffalo; and POLICE COMMISSIONER
Now, Therefore Be It Further Resolved: MICHAEL A. SEAMAN
That a report be filed with this Honorable Body detailing the DIRECTOR OF BUDGET
findings and recommendations of the Buffalo Fire Department,, APPROVED AS TO FORM
the Buffalo Law Department, and the Department of CORPORATION COUNSEL
Administration & Finance as they relate to the above request. 03/18/2004
REFERRED TO THE COMMITTEE ON FINANCE, PASSED
COMMISSIONER OF FIRE, CORPORATION COUNSEL, AYES –BONIFACIO, COPPOLA, FRANCZYK, GOLOMBEK,
COMMISSIONER OF ADMINISTRATION & FINANCE AND RUSSELL, THOMPSON - 6 NOES – DAVIS, FONTANA,
THE FIRE TASK FORCE GRIFFIN – 3
NO. 159 NO. 161
BY: MR. GRIFFIN BY: MS. RUSSELL
REFERENDUM ON CASINO GAMING IN BUFFALO BUDGET AND PERSONNEL AMENDMENT
55-DEPARTMENT OF COMMUNITY DEVELOPMENT
1301-COMMUNITY SERVICES The Common Council of the City of Buffalo extends its full
From: support for the Expansion of the Renewal Communities through
105538010 - 334105 NY Youth Community Development - legislation in the
Youth Bureau $ 1,640.16 United States House or Representatives and the United States
To: Senate (S. 100);
15501001 - 411001 Salaries $1,640.16 Be It Further Resolved That:
From: The City of Buffalo urges local government authorities and the
I Program Director of Youth Counseling $ 39,767 - S 43,908 private sectors to cooperatively and collectively market the
To: Renewal Communities Program to private businesses; and
I Director of Youth Bureau $50,000 Be It Finally Resolved That:
IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the Certified copies of this resolution be forwarded to the Anthony
Charter, that the immediate passage of the foregoing ordinance Masiello, Mayor of Buffalo, Joel A. Giambra, Erie County
is necessary. Executive, the ECIDA, the Erie County Legislature, the Buffalo
We, DONALD 0 ALLEN, COMMISSIONER OF COMMUNITY Niagara Enterprise, the Buffalo Niagara Partnership, the local
SERVICE AND MICHAEL A. SEAMAN DIRECTOR OF office of Fannie Mae, and the Western New York Delegation.
BUDGET, hereby certify that the above change is necessary ADOPTED
for the proper conduct, administration and performance
compliance of essential services of that department. We NO. 163
recommend that the compensation for said position be fixed at BY: MR. THOMPSON
the respective amount set forth in the foregoing ordinance. REQUEST TO ACCEPT 835 NORTHAMPTON STREET
DIRECTOR OF BUDGET FROM NATIONAL FUEL
APPROVED AS TO FORM Whereas: National Fuel is the current owner of 835
CORPORATION COUNSEL Northampton Street, a vacant lot; and
03/18/2004 Whereas: The Martin Luther King Jr., Park Block
PASSED Club is interested in utilizing this parcel for beautification
AYES –BONIFACIO, COPPOLA, FONTANA, FRANCZYK, purposes; and
GOLOMBEK, RUSSELL, THOMPSON - 7 NOES – DAVIS , Whereas: National Fuel is willing to donate the parcel to the
GRIFFIN City of Buffalo, which would allow the Martin Luther King Jr.,
3 Park Block Club to use it for the suggested purpose; and
Whereas: This measures is consistent with other efforts to
NO. 162 rebuild and beautify the Masten District and the City of Buffalo;
BY: MR. THOMPSON and
EXPANSION OF RENEWAL COMMUNITIES EXTEND Whereas should the City of Buffalo accept the parcel the Block
SUPPORT club has committed to maintaining it throughout the year; and
Whereas: The Department of Housing and Urban Development Now Be It Therefore Resolved:
has designated the City of Buffalo as a "Renewal Community"; That the Common Council of the City of Buffalo does hereby
and accept National Fuel's offer to donate 835 Northampton Street to
Whereas: This such designation has only been granted to forty the City of Buffalo for beautification purposes.
(40) municipalities across the US; and REFERRED TO THE COMMITTEE ON COMMUNITY
Whereas: Additionally, this such designation provides for a DEVELOPMENT AND CORPORATION COUNSEL.
number of significant economic development and tax incentives
to spur private business development and investment in urban NO. 164
cities, create affordable housing, and the creation and BY: MR. THOMPSON
maintenance of jobs in areas considered poor based on the CO SPONSORS MR. GRIFFIN
United States Census; and REQUEST TO AMEND SECTION 1048-F OF ARTICLE 5 OF
Whereas: This year, the Renewal Communities will share an THE NEW YORK STATE PUBLIC AUTHORITIES LAW
estimated $22 Billion in federal tax incentives; and Whereas: Pursuant to the Section 1048-f of Article 5 of the
Whereas: These federal incentives include a Work Opportunity New York State Public Authorities Law, a city water board may
Tax Credit for hiring new youth employees, an Employment be created by a special act of the state legislature at the
Wage Credit for existing employees; Welfare to Work Credits for request of the city; and
newly-hired welfare recipients, a Commercial Revitalization Whereas: Section 1048-f stipulates that the water board shall
Deduction for the construction of new buildings or rehabilitation consist of seven members appointed by the Mayor and
of existing buildings, a Zero-Percent Capital Gains Rate, confirmed by the Common Council of the city, in which at least
Additional Section 179 Expensing for businesses that purchase one of the members shall have experience in the science of
new equipment, and Environmental Cleanup Cost Deductions water resource development; and
for cleanup costs of brownfields; and Whereas: The terms of office of the members shall be two
Whereas: Further, Renewal Communities will also enjoy years except that the terms of the board members first
access to the New Markets Tax Credits for investors and the appointed shall be one year; and
Low-Income Housing Tax Credit for building new rental housing Whereas: The Mayor shall appoint a chairperson from among
units in low-income areas; and the seven members of the board; and
Whereas: The New York State Empire Zone Program provides Whereas: Unfortunately, there is currently no Common
additional benefits, and compliments these incentives; and Council representation on this board; and
Whereas: Although the Renewal Communities Program offers Whereas: This lack of representation may, at times, result in
enormous benefits to participants and has been in existence for decisions which negatively impact thousands of homeowners
several years, the Program and its benefits are virtually citywide; and
unknown, and, as a result under utilized; and Whereas: For example, in less than one year's time water
Now Therefore Be It Resolved That: rates have been raised by a total of 38%; and
Whereas: There is currently one vacancy on the Water Board;
and
Whereas: Council representation on the Water Board is That the following persons are hereby appointed as
imperative to ensuring that such actions are swiftly addressed Commissioner of Deeds for the term ending December 31,
and do not recur in the future; and 2004, conditional, upon the person so appointed certifying
Whereas: The City of Buffalo is currently working with the under oath to their qualifications and filing same with the City
County of Erie and New York State to create viable solutions to Clerk:
the current increases; Diane Pruitt
Now Be It Therefore Resolved That: Sharon Swift
The Common Council of the City of Buffalo hereby requests Patricia Szczesny
that the New York State Legislature revises Section 1048-f of Total: 3
Article 5 of the New York State Public Authorities Law to ADOPTED
require that at least one of the seven members selected to
serve on the Water Board are a member of the Common NO. 167
Council or a designee of the City of Buffalo; and BY: ANTOINE M. THOMPSON
Be It Further Resolved That: APPOINTMENTS
Certified copies of this resolution be forwarded to Anthony COMMISSIONERS OF DEEDS
Masiello, Mayor of Buffalo, the Erie County Legislature, the REQUIRED FOR THE PROPER
New York State Legislature, and the Western New York State PERFORMANCE OF PUBLIC DUTIES
Delegation, Joseph Bruno, Majority Leader of the New York That the following persons are hereby appointed as
State Senate, Shledon Silver, Speaker of the New York State Commissioner of Deeds for The term ending December 31,
Assembly, David Patterson, Minority Leader of the New York 2004, conditional upon the persons so appointed certifying
State Senate. under oath to their qualifications and filing same with the
ADOPTED Carol Pepe
Total 1
NO. 165 ADOPTED
BY: MR. THOMPSON
REQUEST PERMISSION TO HANG BANNERS ON NO. 168
LEROY AVENUE NEAR SCHOOL #61 ANNOUNCEMENT OF COMMITTEE MEETINGS
Whereas: The F.A.T.H.E.R.S. (The Fathers Armed Together **REVISED**
to Help Educate, Restore, and Save) was established on The following meetings are scheduled. All meetings are held in
September 29, 1999, to create a safe environment where the Common Council Chambers, 13 1h floor City Hall, Buffalo,
children can play, learn, receive nourishment, and to engage in New York, unless otherwise noted.
meaningful activities which instill the importance of quality Regular Committees
education; and Committee on Civil Service Tuesday, April 6, 2004 at 9:30
Whereas: The F.A.T.H.E.R.S. have partnered with various o'clock A.M.
organizations, including Elesta Lane Sr., Steve's Markets, "CANCELLED"
P.S.O. (Parent School Organization), Mr. Carpenter of St. Committee on Finance Tuesday, April 6,
Michael's Church, and School #61, and city and state 2004 at 10:00 o'clock A.M.
government agencies to provide youth with lunches following Civil Service
during the summer months, to host community events, and to Committee on Legislation Tuesday, April 6,
devise strategies to address issues of concern around School 2004 at 2:00 o'clock P.M.
#61 and in the Fillmore-Leroy Area; and Committee on Claims Wednesday, April 7,
Whereas: The F.A.T.H.E.R.S. have pledged, and continues to 2004 at 9:00 o'clock A.M.
work tirelessly to improve the quality of city schools, the delivery Committee on Comm. Dev. Wednesday, April 7,2004 at 10:30
of city services, and to make our neighborhoods safer and o'clock A.M.
more viable areas; and Special Committees
Whereas: In recognition of such works and their ongoing Special Legislation Committee Meeting Thursday, April 1, 2004
partnership with School #6 1, which are truly the lifeline of the at 10:00 o'clock A.M. in Room 1417 City Hall on the Special
community and our great city, and which sufficiently warrant Police Volunteers Units in the COB.
our acknowledgement and appreciation, the F.A.T.H.E.R.S. Bi-National Bridge Thursday, April 1, 2004 at 2:00
has requested permission to o'clock P.M. in Room 1417 City Hall
place six banners on Kensington Avenue between Grider Special Legislation Committee Meeting Monday, April 5, 2004
Street and Leroy Avenue; and at 9:30 o'clock A.M. in Room 1417 City Hall on the Red
Whereas: These banners are to hang from April 1, 2004 to Helmets.
April 1, 2005, approximately one year; (Public Disclaimer): All meetings are subject to change and
Now, Therefore, Be It Resolved That: cancellation by the respective Chairmen of Council
The Common Council of the City of Buffalo, pursuant to its Committees. In the event that there is sufficient time given for
legislative authority, does hereby grant the F.A.T.H.E.R.S. notification, it will be provided. In addition, there may be
permission to hang banners on six light poles on Kensington meetings set Lip whereby the City Clerk's Office is not made
Avenue between Grider Street and Leroy Avenue in aware; therefore, unless we receive notice from the respective
accordance with the City of Buffalo codes, regulations, and Chairmen, we can only make notification of what we are made
requirements set forth by the Commissioner of Public Works. aware.
PASSED
AYES - 9 NOES - 0 NO. 169
ADJOURNMENT
NO. 166
BY- ANTOINE M. THOMPSON On a motion by Mr. Coppola, Seconded by Mrs. Russell, the
APPOINTMENTS Council adjourned at 5:10 pm
COMMISSIONER OF DEEDS CHARLES L. MICHAUX, III
CITY CLERK