HomeMy WebLinkAbout04-0302
No.5
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
MARCH 2, 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
agreement and that the Mayor be authorized to execute the
same.
COMMON COUNCIL REFERRED TO THE COMMITTEE ON COMMUNITY
CITY HALL - BUFFALO DEVELOPMENT AND THE CORPORATION
TUESDAY, MARCH 2, 2004
AT 2:00 P.M. NO. 3
Abandonment and Sale of School Buildings and other
PRESENT – President Franczyk, and Council Public Real Property
Members Bonifacio, Coppola, Davis, Fisher, Fontana, The Office of Strategic Planning, Division of Real Estate,
Golombek Griffin, Russell and Thompson - 9 has received a request from Millie Castro, Council Staff, to
provide Your Honorable Body information regarding the
ABSENT – 0 process of the sale of school buildings that have been abandon
for school purposes.
On a motion by Mr. Coppola , seconded by Ms. The sale of public buildings is governed by Article 27 of the
Russell, the minutes of the stated meeting held on February City Charter. Section 27-4 the Common Council by may
17, 2004 were approved. authorize the sale of abandoned property by appraisal or public
auction.
Section 27-5 - Appraisal - The council may by resolution
FROM THE MAYOR provide that the interest of the city in any such abandoned or
unappropriated real property be appraised by retaining an
NO. 1 appraiser from the list of appraisers established by the
Appointment of Member to the Appraisal Review Board. Any person desiring to acquire title to
Buffalo Sewer Authority any such property may retain such appraiser at his or her own
Pursuant to the powers vested in me by Section 1177 of the expense. The report of the Board of Appraisers for the purpose
Public Authorities Law, I hereby appoint the following, subject of fixing the value of the interest of the City in such property
to confirmation by Your Honorable Body, as a member of the shall be transmitted to the Common Council for approval. If a
Buffalo Sewer Authority: sale be authorized as provided in the foregoing section the sum
Appointment: found by said appraisers as the value of such interest in the
Eleanor C. Wilson DiVincenzo 1834 William Street premises appraised shall be the amount of the compensation to
Buffalo, NY 14206 be paid for the release and conveyance of said property by the
Mrs. DiVincenzo has been the Co-Proprietor of Billy Ogden's party marking application for such appraisal.
Restaurant on William Street for the past 15 years. Eleanor, Section 27-6 - Public Auction - The resolution shall, in the
along with her husband, Andrew DiVincenzo, have long been in event an appraisal is not provided for, direct that such real
the restaurant and catering business and previously worked in property be offered for sale by the Executive Director of the
New York City before returning to Buffalo. Office of Strategic Planning at public auction. Notice of time
Mrs. DiVincenzo is being appointed to fill the vacancy created and place of auction, together with a short description of the
by the untimely death of her husband Andrew, for a term property, shall be published at least once a week for two weeks
commencing immediately and expiring on June 30, 2004. in the publication or publications designated by the Council.
I hereby certify that the above named individual is fully qualified The Executive Director shall transmit to the council a report of
to serve as a member of the Buffalo Sewer Authority. all bids received at such auction. No appraisal of such property
REFERRED TO THE COMMITTEE ON LEGISLATION, THE shall be made or deemed necessary in case of a public auction
CORPORATION COUNSE unless an application therefor, as provided for in the preceding
AND THE DIVISION OF COLLECTIONS section, shall have been made prior to the passage of the
resolution directing such public auction.
FROM THE MAYOR - EXECUTIVE DEPARTMENT Although not specified in the City Charter the Common Council
may by Statute transfer public property to one of its
FROM THE OFFICE OF STRATEGIC PLANNING development agencies, i.e. B.U.R.A, B.N.R.C. or B.E.R.C. for
development or redevelopment purposes. The Common
NO. 2 Council can determine the terms, conditions and consideration.
Lease Request - South Buffalo Alive - Request to Use The Office of Strategic Planning, Division of Real Estate,
Cazenovia Park Shelter House (South Buffalo District) markets and sells city owned (public assets) in accordance
Item No. 166, C.C.P. 9/16/2003 with the above Charter and New York State Statutes. If you
Your Honorable Body authorized the Corporation Counsel need any additional information, please contact the Division of
and the Division of Real Estate to prepare a lease agreement to Real Estate.
lease a portion of the Cazenovia Park Shelter House. The lease REFERRED TO THE COMMITTEE ON FINANCE
agreement shall include but not be limited to the following terms
and conditions: NO. 4
1 . The lease shall be for a term of three (3) years to Abandonment and Sale
commence on the March 1, 2004 and expire on February 28, 166 Dart - Auto Pound - North Dist.
2007. The Office of Strategic Planning, Division of Real Estate,
2. The Police Athletic League of Buffalo (PAL) will retain use of has received a request from James Militello, President of
half of the facility from the last week in June until the last week Riverside Realty, Inc. to acquire 166 Dart Street, the City Auto
of August to operate their summer baseball program at Pound. The property consists of a 129,000 square feet
Cazenovia Park. structure situated on approximately 6.4 acres of land. They
3. In addition, the soda machine inside the shelter house will intend to acquire the parcel and market for commercial
remain under contract with PAL and kept inside of the facility. development.
4. The Parks Department and PAL will share space with South I am recommending that Your Honorable Body authorize the
Buffalo Alive. There will be no displacement of existing groups abandonment/sale of the property in accordance with Section
and organizations currently associated with the Cazenovia Park 27-5 of the City Charter; Sale by Appraisal.
Casino or Cazenovia Park Shelter House. This Office will report back to Your Honorable Body the results
5. The new lease will be for One Dollars ($1.00) annually. of our negotiations for your final approval.
6. The Department of Public Works, Parks and Streets will be Mr. Coppola Moved:
responsible for the utilities, since they will be running activities That the above communication from the Department of
out the of the building Strategic Planning, Division of Real Estate dated March 2,
7. South Buffalo Alive would be responsible for the cost of their 2004 be received and filed; and
own phone lines. That the City of Buffalo does hereby abandon 166 Dart Street
8. The Department of Public Works, Parks & Streets will be in accordance with Article 27, Section 27-5 of the Charter of
responsible for capital improvements. the City of Buffalo; and
9. South Buffalo Alive will provide the City of Buffalo with proof That the Director of Real Estate be, and he hereby is
of liability insurance coverage naming the City of Buffalo as an authorized to negotiate a sale with James Militello, President of
additional insured on said policy. The type and amount of Riverside Realty, Inc., and report back to the Common Council
liability coverage to be determined by the City of Buffalo, with the results of negotiations for final approval of 166 Dart
Corporation Counsel Office. Street.
10. South Buffalo Alive will be responsible for minor repairs and Adopted
routine maintenance. AYES – Bonifacio, Coppola, Davis, Franczyk, Golombek,
I am recommending that Your Honorable Body approve a new Griffin, Russell, Thompson – 8
lease agreement between the City of Buffalo and South Buffalo NOES – Fontana - 1
Alive for the use of a portion of the Cazenovia Park Shelter
House to include but not limited to the above terms and No. 5
conditions. I am also requesting that Your Honorable Body Rescind Auction Sale and Forfeit Deposit
authorize the Corporation Counsel to prepare said lease 306 Carlton (Ellicott District)
Item No. 91, C.C.P. 3/4/03
In the above referenced item Your Honorable Body dollars and fifty cents ($3.50) per square foot for this house.
authorized the sale of the properties that were auctioned on He has also agreed to pay for the cost of transfer tax, recording
January 30, 2003. However, 306 Carlton was excluded from fees and cost of the legal description.
this authorization until we submitted the information requested I am recommending that Your Honorable Body approve the sale
in the terms of sale. of 278 Northland Avenue to Mr. Gary B. Jones in the amount of
Mr. Irad Ramadan of 262 Tracey Lane, Grand Island, New four thousand dollars ($4,000). 1 am further recommending
York was the highest bidder in the amount of Six Hundred that the Corporation Counsel prepare the necessary
Dollars, plus a 10% buyer's premium for a total of Six Hundred documents for the transfer of title and that the Mayor be
Sixty Dollars ($660.00). authorized to execute the same.
The terms of sale required that the purchaser must submit REFERRED TO THE COMMITTEE ON COMMUNITY
intended use for the property, a detailed estimate of cost to DEVELOPMENT
repair and/or renovate the property and submit proof of financial
ability to complete the purchase, repairs or renovations to the NO. 8
property. Transfer of Title
Mr. Irad Ramadan was sent letters on February 3 rd and again Urban Homestead Program
on March 18 1h advising to submit the required documentation, 169 Laurel, (City Owned-Vacant
Mr. Ramadan never submitted the required information. Mr. Lot, 30' x 107') (Ellicott)
Ramadan has made no attempt to contact this office in The Office of Strategic Planning has surveyed the
reference to the purchase of 306 Carlton. city-owned vacant lot at 169 Laurel Street, Buffalo, New York,
Therefore, we are recommending that the Common Council parcel is 30'x 107' in dimension; and it has been determined
approves to rescind the sale of 306 Carlton, return the property this parcel is inappropriate for either the construction of new
to our inventory for resale and that the bidder forfeits his housing or needed for any public purpose.
deposit in the amount of One Hundred Forty Dollars ($140.00). Ms. Lillian Berry residing at 171 Laurel Street, Buffalo, New
Ten percent of the deposit will remain with the Auctioneer for York 14208 indicated she will clean, improve and maintain the
the buyer's premium and the remaining balance will be lot in the event she obtains title to the property under the Urban
deposited in the City's General Fund - Sale of In-Rem Property Homestead Program.
REFERRED TO THE COMMITTEE ON COMMUNITY The Division of Permit and Inspection Services and the
DEVELOPMENT Division of Collections have been contacted. There are no
property code violations, taxes or other liens owed to the City of
NO. 6 Buffalo by the homesteader.
Results of Negotiations We, therefore, recommend the city-owned vacant lot be
376 Carlton, 170'W Jefferson designated as a Homestead Property and be transferred to Ms.
Lot Size: 30' x 100' Lillian Berry on the condition the property is cleaned and
Assessed Valuation: $1,000 improved within (6) months and maintained in a sanitary
ELLICOTT manner.
The Office of Strategic Planning, Division of Real Estate, REFERRED TO THE COMMITTEE ON COMMUNITY
has received a request to purchase 376 Carlton Street from DEVELOPMENT
Mrs. Chaddie A. Sales, 374 Carlton Street, Buffalo, New York
14204. Mrs. Sales owns and resides at 374 Carlton Street, NO. 9
which is adjoining to 376 Carlton Street. She intends to expand Transfer of Title
her property line and use for extra yard space. Urban Homestead Program
The Division of Permit and Inspection Services and the 120 Rose, 228'S High
Division of Collections have no objections to the sale. There are Lot Size: 25'x 100'
no building code violations, taxes or other liens owed to the City Assessed Valuation:
by the purchaser. Land: $800 Total $9,600 (Ellicott)
The Division of Real Estate has investigated the sale of similar The Office of Strategic Planning, Division of Real Estate,
residential vacant lot properties in the subject area. Sales has received a request to homestead the above subject
prices range from thirty cents (.30) to sixty cents (.60), per property from Mrs. Chawntay 0. Brown, 120 Rose Street,
square foot. Buffalo, New York 14204. The property consists of a one and
The results of our negotiations are that Mrs. Sales is prepared one half-story four bedroom single family frame home in fair
to pay one thousand dollars ($1,000), thirty cents (.33) per condition, acquired by the City of Buffalo through tax
square foot, for the subject property. Mrs. Sales has also foreclosure. Mrs. Brown intends to acquire, rehabilitate and use
agreed to pay for the cost of the transfer tax, recording fees as a place of residence. She has provided this office with proof
and cost of the legal description. of financial ability to make the necessary repairs.
I am recommending that Your Honorable Body approve the sale The Department of Permit and Inspection Services and the
of 376 Carlton Street to Mrs. Chaddie A. Sales in the amount of Division of Collections have been contacted and they have no
one thousand dollars ($1,000). 1 am further recommending objections to the homestead of 120 Rose Street. There are no
that the Corporation Counsel prepare the necessary property code violations, taxes or other liens owed to the City of
documents for the transfer of title and that the Mayor be Buffalo by the homesteader.
authorized to execute the same. Mrs. Chawntay Brown has agreed to the following conditions:
REFERRED TO THE COMMITTEE ON COMMUNITY 1. All specific repairs be completed within eighteen (18)
DEVELOPMENT: months and the property be brought into code compliance.
2. The homesteader occupies the structure for a period of not
NO. 7 less than thirty-six (36) months.
Results of Negotiations We, therefore, recommend that Your Honorable Body authorize
278 Northland, 342'W Hager the homestead of 120 Rose Street to Mrs. Chawntay 0. Brown.
Lot Size: 32' x 140' I am further recommending that the Corporation Counsel
Assessed Valuation: prepare the necessary documents for the transfer of title and
Land: $2,800 Total: $15,000 that the Mayor be authorized to execute the same.
Masten REFERRED TO THE COMMITTEE ON COMMUNITY
The Office of Strategic Planning, Division of Real Estate, DEVELOPMENT
has received a request to purchase 278 Northland Avenue from
Mr. Gary B. Jones, 65 Ames Avenue, Tonawanda, New York NO. 10
14150. Mr. Jones intends to bring this one family house into Transfer of Title
code compliance and use as a place of residence. Urban Homestead Program
The purchaser has provided the Division of Real Estate with a 90 York, (City Owned-Vacant
plan to rehabilitate the house and proof of financial ability to Lot, 31'x 117') (Niagara)
complete the purchase and repairs. This property consists of a The Office of Strategic Planning has surveyed the
1,125 square foot, one and one half story single family frame city-owned vacant lot at 90 York Street, Buffalo, New York,
dwelling, having three bedrooms, one and one half bathrooms parcel is 31'x 117' in dimension; and it has been determined
and full basement. The condition of the property is in poor to this parcel is inappropriate for either the construction of new
fair condition and is situated on a lot 32' x 140'. housing or needed for any public purpose.
The Department of Permit and Inspection Services and the Mrs. Louise Chappell residing at 94 York Street, Buffalo, New
Division of Collections have no objections to the sale. There are York 14213 indicated she will clean, improve and maintain the
no code violations, taxes or other liens owed to the City of lot in the event she obtains title to the property under the Urban
Buffalo by the purchaser. Homestead Program.
The Division of Real Estate has investigated the sale of similar The Division of Permit and Inspection Services and the
houses in the subject area. Sales prices range from two dollars Division of Collections have been contacted. There are no
and thirty six cents ($2.36) to twenty dollars ($20.00), per property code violations, taxes or other liens owed to the City of
square foot of living area. Buffalo by the homesteader.
The results of our negotiations are that Mr. Jones has agreed We, therefore, recommend the city-owned vacant lot be
and is prepared to pay four thousand dollars ($4,000), three designated as a Homestead Property and be transferred to
Mrs. Louise Chappell on the condition the property is cleaned Griswold Street, south side
and improved within (6) months and maintained in a sanitary between Willett Street and
manner. South Ogden Street Lovejoy District
Mr. Coppola Moved: NO PARKING - INSTALL
That the above communication from the Office of Strategic In conformity with Section 49 of Chapter 479 of the
Planning dated February 11, 2004, be received and filed; and Ordinances of the City of Buffalo, the City Engineer hereby
That the city-owned property commonly known as 90 York notifies Your Honorable Body of this action supplementing,
Street, is hereby designated as Homestead Property, and that amending, or repealing existing provisions of Chapter 479 of
the Mayor be, and he hereby is authorized to execute a deed the Ordinances, as stated below, to be effective forty five days
transferring said property to Mrs. Louise Chappell, residing at after the first Council meeting at which they appear on the
94 York Street, for the amount of One Dollar ($ 1.00) and no agenda as an item business.
more, and all costs of transfer, on the condition the property is That part of Subdivision 24 Section 15 of Chapter 479 of
cleaned and improved within six (6) months and maintained in Ordinances of the City of Buffalo be supplemented by adding
a sanitary manner. thereto the following: NO PARKING
Passed. PROHIBITED PORTION OF HIGHWAY
AYES - 9 - NOES – 0 Griswold Street, south side between Willett Street and South
Ogden Street
No. 11 PROHIBITED PERIOD
Utility Easement Agreement At all times
Niagara Mohawk Power Corporation This action is being taken as a result of complaints received
for Use of 79 Paderewski (a.k.a. 212 Stanton) regarding congestion on Griswold Street between South Ogden
School No. 31 (Ellicott District) Street and Willct Street resulting in safer traffic flow to the west
The Office of Strategic Planning, Division of Real Estate, of the new traffic signal at Griswold Street and South Ogden
has received the attached easement agreement from Niagara Street.
Mohawk Power Corporation for use of city owned property Notification Serial # 9928
located at 79 Paderewski (a.k.a. 212 Stanton) - School No. Install One-Way Street Direction
31. They are requesting a utility easement for property as Felix Place - eastbound
described in the attached proposed easement "Exhibit A". from St. Mary's Road
Niagara Mohawk has indicated that this easement is necessary to Poplar Avenue
for a school upgrade project. (Lovejoy)
This office has contacted the Department of Public Works, Item No. 60, C.C.P. 12/23/03
Parks & Streets and they have indicated that they have no ONE-WAY STREET DIRECTION - INSTALL
objections and/or conditions in reference to the attached In conformity with Section 49 of Chapter 479 of the
proposed easement, Ordinances of the City of Buffalo, the City Engineer hereby
I am, therefore, recommending that Your Honorable Body notifies You Honorable Body of this action supplementing,
approve this easement agreement, that the Law Department amending, or repealing existing provisions of Chapter 479 of
review said agreement for their approval as to form and the Ordinances, as stated below, to be effective forty five days
authorize the Mayor to execute the same. after the first Council meeting at which they appear on the
REFERRED TO THE COMMITTEE ON LEGISLATION AND agenda as an item business. That part of Section 22 of
THE CORPORATION COUNSEL Chapter 479 of Ordinances of the City of Buffalo be
supplemented by adding thereto the following: ONE WAY
FROM THE COMPTROLLER STREET DIRECTION
NAME OF STREET
No. 12 Felix Place from St. Mary's Road to Poplar Avenue
Certificate of Necessity DIRECTION OF TRAFFIC MOVEMENT
Transfer of Funds eastbound
Common Council - Legislative This action is being taken in order to alleviate traffic conditions
We, Anthony M. Masiello, Mayor and Andrew A. on a 17' wide street, at the request of the Academy/St. Mary's
SanFilippo, Deputy Comptroller, do hereby certify, pursuant Road Block Club.
to §20-12 of the Charter, that it is necessary that the sum of RECEIVED AND FILED
$6,698 be transferred and reappropriated within Common 9928 WAIVE 45 DAYS ONLY, 9927 DENIED
Council Legislative, as set forth below:
From: NO. 15
10 103001 - 411001 Salaries – Regular Audit of Utility Billings
$6,698 Common Council permission is requested to enter into an
To: agreement with Troy and Banks, Utility and
10102001 - 412002 Hourly Salary Telecommunications Consultants, to conduct an audit of all
$6,698 City utility accounts including electricity (except street lighting),
RECEIVED AND FILED natural gas, and telecommunications.
Under this agreement, Troy and Banks will be paid a
FROM THE COMMISSIONER OF ASSESSMENT AND percentage of any funds refunded or credited to the City in
TAXATION accordance with the following scale: 40% of monetary refunds
realized up to $ 10,000 30% of monetary refunds realized from
NO. 13 $10,001 to $20,000 30% of monetary refunds realized from
Impact of New Federal Courthouse Construction $20,001 to $30,000 30% of monetary refunds realized from
Delay on City of Buffalo Revenue $30,001 to $40,000 25% of monetary refunds realized from
(Item No. 123, C.C.P. 02/03/04) $40,001 to $50,000 25% of monetary refunds realized from
The block bound by Delaware, Niagara Square, Niagara Street, $50,001 to $100,000 20% of monetary refunds realized from
South Elmwood and West Mohawk contains eight (8) parcels $100,001 and above.
currently on the assessment roll as taxable and all properties Future Cost Reductions - For any reductions in future costs for
are current in their tax and sewer payments. electric and gas services, the fee is 35% of the amount saved
CHRT AVAILABLE IN CITY CLERKS OFFICE FOR each month for 24 months.
REVIEW This scale is in accordance with Troy and Banks' contract for
Acquisition of these 8 sites by the federal government and the similar services provided to the State of New York.
subsequent construction of a federal courthouse will result in If the City does not receive any refunds, credits or reductions in
the combination of the 8 parcels into a single parcel with an future billings, there will be no fee paid to Tro and Banks.
assessment reflective of the newly constructed building. Mr. Coppola Moved:
However, this new structure will most likely be totally exempt That the above communication from the Commissioner of
from payment of city and school taxes and sewer rent much Public Works, Parks and Streets dated February 19, 2004, be
like the existing federal courthouse at 68 Court Street. From a received and filed; and
tax revenue standpoint any delay in the acquisition and That the Commissioner of Public Works, Parks and Streets,
construction of the courthouse will result in these parcels be, and he hereby is authorized to enter into an agreement with
remaining on the assessment rolls as taxable and generating Troy and Banks, Utility and Telecommunications Consultant to
city and school tax and sewer rent. conduct an audit of all City utility accounts including electricity
REFERRED TO THE COMMITTEE ON FINANCE (except lighting), natural gas, and telecommunications.
Passed.
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AYES - 8 - NOES – 1
AND STREETS AYES – Bonifacio, Coppola, Davis, Fontana, Franczyk,
Golombek, Russell and Thompson –8
NO. 14 NOES - Griffin -1
Notification Serial #9927
Install No Parking on No. 16
Report of Bids That the above communication from the Commissioner of
City Hall Public Works, Parks and Streets dated February 20, 2004, be
Elevator Hoistway Ventilation received and filed; and
Job No. 0405 That the Commissioner of Public Works, Parks and Streets,
Ellicott District be, and he hereby is authorized to award a contract for Striping
I advertised on January 27, 2004 and received the following of Crosswalks CBD - City Streets 2004, to Accent Stripe, Inc.,
formal bids for City Hall, Elevator Hoistway Ventilation, which the lowest responsible bidder, in the amount of $44,137.50
were publicly opened and read on February 24, 2004. (Base Bid of $40,125.00 + 10% unit price increases,
Parise Mechanical, Ins. $ $4,012.50. Funds for the project are available in Capital
84,400.00 Account #30032106-445100.
233 Fillmore, Tonawanda, NY PASSED
W. C. Roberson Plumbing AYES - 9 NOES - 0
$119,000.00
602 E Delavan, Buffalo, NY NO. 19
I hereby certify that the foregoing is a true and correct CHANGE IN CONTRACT CAZENOVIA POOL
statement of all bids received and that Parise Mechanical, Inc., REHABILITATION JOB NO. 0329 SOUTH DISTRICT
with a bid of Eighty Four Thousand Four Hundred and 00/100 I hereby submit to Your Honorable Body the following
Dollars ($84,400.00), is the lowest responsible bidder in changes for Cazenovia Pool, Rehabilitation, , The Peyton
accordance with the plans and specifications. Barlow Co., Inc., C #92010843.
I recommend that Your Honorable Body authorize the 1. Additional costs necessary to provide preparation and
Commissioner of Public Works, Parks & Streets to order the painting of exposed areas of lintels (interior and exterior)
work on the basis of the low bids. Funds for this project are on street side of building. Add $ 1,150.00
available in the 36322206 445100 - Buildings. The foregoing change results in a net increase in the contract
Mr. Coppola Moved: of One Thousand One Hundred Fifty and 00/100 Dollars
That the above communication from the Commissioner of ($1,150-00).
Public Works, Parks and Streets dated February 24, 2004, be Summary: Current Contract Amount
received and filed; and $72,600.00
That the Commissioner of Public Works, Parks and Streets, Amount of This Change Order (#I) Add $
be, and he hereby is authorized to award a contract for City 1,150.00
Hall, Elevator Hoistway Ventilation, to Praise Mechanical, Inc., Revised Contract Amount
the lowest responsible bidder, in the amount of $84,400.00. $73,750.00
Funds for the project are available in 36322206 445100 - Costs have been reviewed by the Department of Public Works,
Buildings. Parks & Streets and were found to be fair and equitable. Funds
Passed. for this work are available in 36400106 445100 - Division of
AYES - 9 - NOES - 0 Buildings.
I request that Your Honorable Body authorize the
NO. 17 Commissioner of Public Works, Parks & Streets issue a
Report of Bids change order to the contractor as set forth above.
Striping of Crosswalks Mr. Coppola Moved:
City Wide That the above communication from the Commissioner of
2004 Public Works, Parks and Streets dated February 23, 2004, be
This is to advise Your Honorable Body that I have advertised received and filed; and
and received bids on February 19, 2004 That the Commissioner of Public Works, Parks and Streets be,
The following bids were received: and he hereby is authorized to issue change order No. 1, to
Contractor Total Bid The Peyton Barlow Co., Inc., an increase in the amount of
Price $1,150.00, as more fully described in the above
Accent Stripe, Inc . communication, for work relating to Job No. 0329, Cazenovia
$43,950.00 Pool Rehabilitation, C #92010843. Funds for this project are
3275 N. Benzing Rd. available in 3 6400106 445 100 - Division of Buildings.
Orchard Park, NY 14127 PASSED
I hereby certify that the lowest responsible bidder for the above AYES - 9 NOES - 0
project is Accent Stripe, Inc. and I respectfully recommend that
Your Honorable Body authorize a contract award to Accent NO. 20
Stripe, Inc. in the amount of $48,345.00, (Base Bid of CHANGE IN CONTRACT
$43,950.00 + [10% unit price increases] $4,395.00 equals PARKSIDE LODGE
[Total Award] $48,345.00.) Funds for this project are available ROOF REPLACEMENT
in our Capital Account #30032106-445100. The engineer's JOB NO. 9873
estimate for this work is $42,000.00. DELAWARE DISTRICT
Mr. Coppola Moved I hereby submit to Your Honorable Body the following
That the above communication from the Commissioner of changes for Parkside Lodge, Roof Replacement, Ferraina
Public Works, Parks and Streets dated February 20, 2004, be Construction, C #91973200.
received and filed; and 1. Credit for changes not required to the north
That the Commissioner of Public Works, Parks and Streets, and south porch gutters. Deduct
be, and he hereby is authorized to award a contract for Striping $ 565.80
of Crosswalks City Wide 2004, to Accent Stripe, Inc., the 2. Credit on the exterior painting of the shingles. Deduct $
lowest responsible bidder, in the amount of $48,345.00 (Base 2,000.00
Bid of $43,950.00 + 10% unit price increases, $4,395.00. The foregoing change results in a net decrease in the contract
Funds for the project are available in Capital Account of Two Thousand Five Hundred Sixty Five and 80/100 Dollars
#30032106-445 100. (-$2,565.80).
Passed. Summary: Current Contract Amount
AYES - 9 - NOES - 0 $261,296.86
NO. 18 Amount of This Change Order (#3) Deduct $ 2,565.80
REPORT OF BIDS Revised Contract Amount
STRIPING OF CROSSWALKS $258,731.06
CBD -CITY STREETS Costs have been reviewed by the Consulting Architect (Flynn
This is to advise Your Honorable Body that I have advertised Battaglia Architects) and the Department of Public Works,
and received bids on February 19, 2004 Parks & Streets and were found to be fair and equitable. Funds
The following bids were received: for this work are to be credited to 31934106 445100 - Division
Contractor Total Bid Price of Buildings.
Accent Stripe, Inc . $40,125.00 I request that Your Honorable Body authorize the
3275 N. Benzing Rd. Commissioner of Public Works, Parks & Streets to issue a
Orchard Park, NY 14127 change order to the contractor as set forth above.
I hereby certify that the lowest responsible bidder for the above REFERRED TO THE COMMITTEE ON FINANCE
project is Accent Stripe, Inc. and I respectfully recommend that
Your Honorable Body authorize a contract award to Accent NO. 21
Stripe, Inc. in the amount of $44,137.50. (Base Bid of LEASING SPACE IN CITY HALL
$40,125.00 + [10% unit price increases] $4,012.50 equals Council Staff has asked this department to advise the
[Total Award] $44,137.50.) Funds for this project are available Common Council on the amount of vacant office space in City
in our Capital Account #30032106-445100. The engineer's Hall.
estimate for this work is $41,000.00. The following office space is currently vacant:
Mr. Coppola moved:
changes to parking regulations outlined in the above-referenced
Floor Square Footage
resolution, The Department of Public Works, Parks and Streets
does not recommend the proposed modification to the
5 2,096
ordinances.
22 1,835
REFERRED TO THE COMMITTEE ON LEGISLATION
23 1,467
24 1,689
NO. 23
16 4,084*
REMOVAL OF EQUIPMENT
*The sixteenth floor is currently used for storage that could
DIVISION OF PARKS & RECREATION
possibly be moved elsewhere.
DELAWARE PARK LABOR CENTER
REFERRED TO THE COMMITTEE ON FINANCE
Pursuant to the attached, we request authorization to remove
items from inventory identified as inoperable and unrepairable
NO. 22
due to obsoletion.
MR. COPPOLA, MR. FRANZYCK, MR. BONIFACIO
Upon review by the Department of General Services, it was
MR. GOLEMBEK, MR. GRIFFIN, MS. RUSSELL
determined the equipment had no salvagable worth.
"PARKING ENFORCEMENT ON HOLIDAYS"
REFERRED TO THE COMMITTEE ON FINANCE, THE
ITEM NO. 96, C.C.P. 02/17/04
COMPTROLLER AND THE COMMISSIONER OF
The following response is being submitted at the request of
ADMINISTRATION AND FINANCE
the Common Council as outlined in Item #96 of February 17,
2004. Please be advised that the Department of Public Works,
NO. 24
Parks & Streets - Traffic Section has reviewed your concerns.
CITY OF BUFFALO CABLE FRANCHISE RENEWAL
So-called -Type 11" alternate parking restricts vehicles on the
OUTLINE
ordinanced street to one-side parking from 9:00 AM to 4:00 PM
2/24/04
on Monday through Friday. Two-side parking is allowed at all
The City of Buffalo entered into a 10-year franchise
other times. This type of alternate parking is predominately
agreement with TCl in December 1995. That agreement was
ordinanced on one-way residential streets though it does
amended and transferred to Adelphia in 1998. It will expire on
appear in other locations. Allowing additional parking on days
December 31, 2005.
outside the current restriction may have a detrimental effect on
Federal requirements for cable franchise renewal are found in
the City's ability to perform various services and may cost the
Section 626 of Title VI of the Federal Communications Act (47
City currently unanticipated time, manpower and materials.
USCS 546) of 1934 as amended. State requirements are set
Please consider the following:
out by Section 222 of the New York State Public Service Law
1) Definition of Terms: The term "holiday" is not defined in the
as delineated in Part 591 of the Rule and Regulations of the
resolution. Which "holidays" are included, which are not?
New York State Public Service Commission (9 NYCCR Part
2) Snow Plowing Operations: There are no "snow plowing
591).
holidays". Whenever the need arises, crews and equipment are
The first step in Franchise renewal took place when the
called on to perform their respective duties. In most cases,
incumbent cable franchisee, Adelphia, submitted a written
plowing operations may only be conducted during the hours
request to the City of Buffalo asking for a renewal of its
parking is restricted to one side on the streets with this type of
franchise in February 2003. The Office of Telecommunications
restriction. This Department, in fact, has recently received
accepted and acknowledged this request. (This can be
written correspondence, from the Delaware District Council
submitted during the 6month period which begins with the 36
Member, inquiring as to possibility that parking be restricted
th month before expiration).
even further on some of these "Type 11" streets to facilitate
Before proceeding, the City must initiate a community
these operations.
cable-related needs ascertainment and a review of the past
3) Other City Services: Other City maintenance operations do
performance of the cable company, as required under New
not cease on "holidays". The Division of Water responds to
York State law. This may include:
numerous calls at all] times. An emergency disruption of these
Conducting a Technical review
services on a "holiday" could further exacerbate affected
Conducting a Financial Review/Audit
citizens should crews and equipment not be able to access an
Determining Franchise compliance
affected residential area. The Division of Water may, on
Holding public meetings
occasion, schedule service work specifically on a "holiday to
Convening focus groups
minimize service disruption to an area business that requires
Conducting a survey
this service on normal days of operation, such as a restaurant.
Once this is done, the City issues a Needs Assessment
4) Trash Collection: There are only two annual "trash collection
Report. Based upon that report, the City then makes a
holidays", December 25th and January I st. Citizens can expect
preliminary assessment of whether to proceed with renewal
regular trash collection services on all other weekdays. Should
procedures.
parking be allowed on "holidays", collection vehicles would, at
If the City makes the preliminary assessment to renew, it can
best., completely block any access to, or travel on, the streets
either submit a proposed franchise to the company, or ask the
on which they were performing this service. In many cases,
cable operator to submit one.
however, due to the seasonal narrowing of available driving
Typically, the two parties enter into a period of negotiations to
lanes during times of snow accumulation, or due to the actual
develop a final franchise agreement. Once approved by the
restrictive width and parking practices of some motorists,
City, it is a requirement (in New York State) that it be reviewed
collection vehicles would not be able to access these streets at
and approved by the Public Service Commission. If a new
all. The result of this could an unwanted accumulation of trash
agreement is not in place prior to the expiration of the current
on the affected streets, numerous citizen complaints and
agreement, the PSC may issue a temporary extension, or TOA
additional overtime to revisit these streets when current
(Temporary Operating Authority), to allow the agreement to
restrictions are in effect.
continue under the same terms until a new contract is in place.
5) Ordinancing:
February 2003 - Adelphia formally requests renewal
As stated in the resolution, there are many streets with "Type
March 2003 - City acknowledges renewal request
11" alternate parking. There is no "blanket" "Type 11"
September 2003 - City requests PSC to conduct technical
ordinance for these streets. These streets are all individually
review and financial audit of Adelphia Buffalo (ongoing)
ordinanced through your honorable body for the restrictions
October 2003 - City requests Adelphia to survey the City per
posted through Chapter 479, Section 15, Subdivision 24, which
franchise requirement
requires "Prohibited Portion of Highway" and "Prohibited
January 2004 - Adelphia submits survey results
Period" et.al. to be entered per location and per particular
Spring 2004 - City holds public hearings, sponsors community
restriction. This same Chapter, Section, and Subdivision is
focus groups, conducts internal evaluation with City
used for various "No Parking" restrictions and is not exclusive
departments; that information is compiled along with reports,
to "Type 11" alternate parking. To change the currently
surveys, audits, etc.
ordinanced restriction may require the resources necessary for
Fall 2004 - Needs Assessment Report is completed
individually identifying all the currently "Prohibited Portions of
December 2004 - City presents contract proposal to Adelphia;
Highway", repealing the currently ordinanced -Prohibited
negotiations ensue
Period". and re-ordinancing the new "Prohibited Period" on
September 2005 - Proposed Franchise Agreement submitted
hundreds of streets or sections thereof
to Common Council; public hearing held; approved by Council
6) Posting: To properly or legally post any proposed "holiday"
and executed by City
exemptions may require the resources necessary to identify
October 2005 - Adelphia submits application to PSC for a
and document each current "Type 11" individual sign location
certificate of confirmation; PSC issues order granting
and to manufacture and erect likely tens of thousands of new
certificate and renewal goes into effect
signs for this purpose. Each sign would need to contain the
REFERRED TO THE COMMITTEE ON LEGISLATION
names of all the holidays which are exempted, thus making the
signs quite large and costly.
NO. 25
For reasons stated above, anticipated disruption of scheduled
CITY OF BUFFALO TELEPHONE SURVEY
and unscheduled services, cost in time, manpower and
Dear Tom:
material related to any implementation, as well as any
unforeseen consequences resulting from the approval of
e attached application for a Used Car Dealer License located at 2262 Delaware and find that as to form is correct. I have cauattached reports from the Zoning Office, Fire t the sed a
investigation into the premises for which said application for a used car dealer license is being Sought and according
Enclosed please find the City of Buffalo telephone survey
results as per out Franchise Agreement. We are happy to NO. 31
provide you with this information. CERTIFICATE OF APPOINTMENT
The survey was conducted in November, 2003 by Goldhaber Appointment Effective: February 12, 2004 in the Department
Research Associates. If after studying the enclosed you have of: Police, Division of Police to the Position of Detective at the
any questions or concerns, please feel free to contact me flat
directly at 5588545. Starting Salary of: $ 59,909
Sincerely, Kerry Jones, 3544 Trailsend Lane, Wheatfield, NY 14201
REFERRED TO THE COMMITTEE ON LEGISLATION REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 26 FROM THE COMMISSIONER OF FIRE
CERTIFICATE OF APPOINTMENT NO. 32
Appointment effective 2/18/2004 in the Department of Public CERTIFICATE OF APPOINTMENT
works, Parks and Streets to the position of Laborer II, Appointment Effective February 24, 2004 in the Department
Permanent at the inter starting salary of $27038.40 of
Dominic T. LoVallo, 32 North Park, Buffalo, NY 14216 Fire, Division of Fire to the Position of Battalion Chief,
REFERRED TO THE COMMITTEE ON CIVIL SERVICE Permanent
Promotion at the FLAT Starting Salary of $67,750
NO. 27 James Miner, 7062 Taylor Road, Hamburg, NY 14075
CERTIFICATE OF APPOINTMENT REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Appointment effective 2/24/2004 in the Department of Public
works, Parks and Streets to the position of Laborer I, FROM THE CORPORATION COUNSEL
Permanent at the maximum starting salary of $25,529.28 NO. 33
Carmen T. Pace, 230 Tacoma Ave., Buffalo, NY 14216 IMPACT OF NEW FEDERAL COURTHOUSE
REFERRED TO THE COMMITTEE ON CIVIL SERVICE CONSTRUCTION DELAY ON CITY OF
BUFFALO REVENUE
NO. 28 (ITEM NO. 123, C.C.P., 2/3/04)
CERTIFICATE OF APPOINTMENT This office has been contacted by a representative from the
Appointment Effective February 13, 2004 in the Department U.S. General Services Administration requesting a 60-day
of extension of time in which to respond to this resolution. This
Public Works, in the Division of Streets to the Position of office has no objection to this request and recommends that an
Supervisor of Street Sanitation, PERMANENT extension be granted.
Promotion at the intermediate Starting Salary of $32,191 REFERRED TO THE COMMITTEE ON FINANCE
Michael Driscoll Jr., 331 Downing St., Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE FROM THE COMMISSIONER OF PERMIT & INSPECTION
SERVICES
FROM THE COMMISSIONER OF POLICE NO. 34
NO. 29 'USED CAR DEALER
INFORMATIONAL COUNTY PUBLIC BENEFIT FUNDING 2262 DELAWARE (NORTH)
This is to advise your Honorable Body that the Buffalo Police Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined th
Department, on behalf of three (3) of our unfunded COP Department and Building
Satellites: Gloria J. Parks, Parkside and Buffalo Niagara Inspections, I find it complies with
Medical Campus applied for and received funding through the al regulations and other applicable
Human Service Public Benefit Funding under the County of laws. I have caused an
Erie. The award amount is $30,000. This award will enable us investigation by the Police
to keep these three (3) through at least May. We have secured Department into the moral
other two (2) other satellites (International Market Place and character of Robert Vernon. The
Masten) through the Weed/Seed Program (Police portion of attached thereto for Robert Vernon
funding). We are also in the process of finalizing details for an d/b/a Economotors Inc. This
additional source of funding, in order to keep these three (3) request is Submitted for you
satellites open beyond May. satellites open funding for the approval or whatever action you
We have just received the first check, totaling $15,000, and deem appropriate.
since this involves people's paychecks, we are informing your Mr. Coppola
Honorable Body as is our requirement when receiving funds That pursuant to chapter 254 of the City Code, the
into the City, so that the Comptroller's Office can set-up a grant Commissioner of Permit and Inspections be, and he hereby is
Trust and Agency Account. We need this expedited so we can authorized to grant a used car dealer license to Robert Vernon
disperse the funding to the University Heights Community dba Economotors Inc, located at 2262 Delaware Avenue
Development Association (through Gloria Parks) who serves as PASSED
the fiscal/administrative branch for all five (5) COP Satellites in
AYES - 9 NOES – 0
order to meet these satellites next payroll.
If you have any questions, feel free to contact Maureen Oakley
FROM THE COMMISSIONER OF ADMINISTRATION AND
of my staff at (716) 851-4475.
FINANCE
Thank you.
NO. 35
Mr. Coppola moved:
ABATEMENT OF INVOICES FROM MUNIS
That the above communication from the Commissioner of
CCP #4 2/3/2004
Police dated February 26, 2004, be received and filed; and
Pursuant to the request of the Finance Committee, attached
That the Commissioner of Police is authorized to accept
for your consideration is the revised list of uncollectabel
funding on behalf of three (3) unfunded COP Satellites: Gloria
accounts receivable, together with a separate list of demolition
J. Parks, Parkside and Buffalo Niagara Medical Campus
invoices only.
through the Human Service Public Benefit Funding under the
REFERRED TO THE COMMITTEE ON FINANCE
County of Erie in the amount of $30,000. That the Comptroller,
be, and he hereby is authorized to set-UP a grant Trust and
NO. 36
Agency Account so that funding may be dispersed.
AGREEMENT BETWEEN THE CITY OF BUFFALO, NEW
PASSED
YORK AND D 175 GREAT ARROW INC.
AYES - 9 NOES - 0
The Division of Parking Enforcement is asking for approval of
the "Public Private Contract between the City of Buffalo and the
NO. 30
Great Arrow Inc. (Great Arrow) located at 255 Great Arrow
CERTIFICATE OF APPOINTMENT
Avenue Buffalo, NY 14207.
Appointment Effective: February 11, 2004 in the Department
The Division of Parking Enforcement and General Services
of: Police, Division of Police to the Position of Detective at the
submitted an RFP for Towing and Storage that were opened on
flat
October 6, 2003 whereby 5 companies responded to the RFP
Starting Salary of: $ 59,909
process. I visited all of the Sites and determined that these
Gilberto Munoz, 5827 Bradford Ct., E. Amherst, NY 14051
locations were not locations that could be utilized for the
Steven Turner, 90 Yvette Drive, Cheektowaga, NY 14227
purpose that they were intended to be used for.
Sallie Blersch, 3685 Marlowe Avenue, Blasdell, NY 14219
I decided then that we should submit another RFP looking for
Mark Fitzpatrick, 59 Edgewood Avenue, Buffalo, NY 14220
companies that could store vehicles indoors. This RFP would
Mary Evans, 366 Eden Street, Buffalo, NY 14220
be exclusively for storage only. Proposals were returned by only
Patrick O'Rourke, 299 Summit Avenue, Buffalo, NY 14214
one company. After months of discussions with Great Arrow
Brenda Callahan-Moll, 70 N. Pearl Street, Buffalo, NY 14202
and negotiating a contract we finally came to a resolve. The
Deborah Mulhern, 181 Stolle Road, Elma, NY 14059
advantages of the Division of Parking Enforcement forming a
Daniel P. Redmond, 594 Downing Street, Buffalo, NY 14220
public private contract relationship is as follows.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
The City will sell 166 Dart Street. ******** Difference of $894.75 per monthly salary X 6 months
The Great Arrow Inc. Facility will store vehicles indoors. = $5,368.50
Provide set up for our auctions. The total amount = $18,991.50
Provide office space for the City and space to store our Your consideration is greatly appreciated in this matter.
enforcement/meter divisions at no cost to the City except REFERRED TO THE COMMITTEE ON CIVIL SERVICE,
utilities. THE COMMISSIONER OF ADMINISTRATION AND
Vehicles will be totally secure meaning no access by the public FINANCE, THE COMMISSIONER OF HUMAN
to vehicles indoors. RESOURCES AND THE COMMISSIONER OF
Great Arrow currently stores vehicles for the DEA, INS and COMMUNITY SERVICE
Customs which makes them familiar with this type of operation.
In order to maintain a revenue source, and pay the contractor, FROM THE BUFFALO SEWER AUTHORITY
we respectfully request a fee increase for towing, storage and NO. 41
boot removal fee: BUFFALO SEWER AUTHORITY
Currently Proposed ANNUAL REPORT
Towing $85.00 $90.00 Dear Clerk's Office:
Storage $12.00/day $25.00/day Enclosed is the Buffalo Sewer Authority's Annual Report for the
Boot removal fee $35.00 $45.00 2002-2003 fiscal year.
With the requested fee increase, the reduced work force If you would like to update your information for, or be removed
(which is already implemented) and the elimination of from, this mailing list, please e-mail: evelyngsa.ci.buffalo.ny.us
maintenance costs to Dart Street, we feel the City has the Thank you.
potential to increase the total revenue resulting from the Sincerely,
Parking Enforcement Division efforts. BUFFAL0 SEWER AUTHORITY
Please find attached the terms of the contract for your perusal RECEIVED AND FILED
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE CITY CLERK
NO. 37 NO. 42
PARKING ENFORCEMENT ON HOLIDAYS MINUTES OF THE BOARD OF ETHICS
#96 CCP FEB L7,2004 Attached please find the minutes of the October 14, 2003
It is my opinion that there is a need for sufficient parking in Board of Ethics meeting.
the City of Buffalo, although there are reasons that the Division There was no meeting held in September.
of Parking Enforcement should have the ability to ticket 365 RECEIVED AND FILED
days a year:
1). City services such as garbage pick-up, street cleaning, NO. 43
water services, plowing. SELLING OF SURPLUS SHELVING
2). Private services such as plumbers repairing broken water Request permission to dispose of obsolete shelving. The
lines, delivery vehicles. Division of Records Management used the shelving on the 16th
3). Emergency services such as fire, snow storm, sewer and floor of City Hall however; it no longer meets our needs. We
water main breaks have approximately 80 to 90 units ranging from 6' to 8' tall.
For example this past winter season we lost the curbs on the Requesting permission to sell the 6' tall units at a price of
majority of the streets approximately 1 1/2 feet to 2 1/2 feet. $40.00 per unit and the 8'tall units for $60.00 per unit. The
When cars are parked on both sides this narrows the width of shelving was purchased over 10 years ago with State Grant
the street which then prevents fire trucks, garbage trucks, etc. funds. Approximately 80 to 90 units are deemed surplus and
from travelling down the street. are taking up too much storage space.
In closing I feel it could be hazardous if we were not able to The Records Management Division will keep some shelving
issue tickets if the situation warrants. units in reserve for use in City Hall. My estimate is that it would
REFERRED TO THE COMMITTEE ON LEGISLATION be too costly to advertise in the news therefore I would suggest
the we place notices in community papers and possibly set one
NO. 38 unit up on the I't floor of City Hall with a "for sale" posted.
REQUEST APPROVAL EMERG ORDERS I've had my staff set one unit up in Council Chambers for your
Dear Charles: review.
The Department of Inventory and Stores has exceeded the REFERRED TO THE COMMITTEE ON FINANCE
dollar limit for emergency orders on purchase orders #
15005009, # 15005010, # 15005006 for plow blade cutting NO. 44
edges and plow curb guards. Common Council approval is now LEAVES OF ABSENCE WITHOUT PAY
required by the accounting division to process these invoices I transmit herewith notifications received by me,
for payment. ( See attached ) Please contact our office if you reporting the granting of the leaves of absence without pay, in
require further information regarding this matter. the various departments as listed:
REFERRED TO THE COMMITTEE ON FINANCE X Public Works, Streets & Parks- JUSTIN COLLINS,
BRIAN WELLS
NO. 39 x Police- JIMMIE PITTS, LOUIS CARDONA, RACHELLE
RESPONSE TO ITEM #5 1, C.C.P. 02/17/4'R. LEVESQUE-PRATTS, ANITA CLARK
MELLER-OFC. OF STATE COMPT. FINDINGS-CITY x Administration and Finance- MICHAELINE LOMBARDO
PURCHASE OF GAS FROM STATE CONTRACTS" RECEIVED AND FILED.
ITEM #51 C.C.P. 02/17/2004
Honorable Body: NO. 45
Please find attached correspondence to NY State Comptrollers REPORTS OF ATTENDANCE
Office dated: I transmit herewith communications received by me, from the
1. 01/20/2004 - Response to Draft Received various boards, commissions, agencies and authorities
2. 02/24/2004 - Plan of Action reporting the membership attendance at their respective
REFERRED TO THE COMMITTEE ON FINANCE meetings:
X Buffalo Sewer Authority
FROM THE COMMISSIONER OF COMMUNITY SERVICES RECEIVED AND FILED.
NO. 40
ACTING PAY NO. 46
MR. JESSE J. CARMICHAEL NOTICES OF APPOINTMENTS - COUNCIL INTERNS
ASSISTANT DIRECTOR I transmit herewith appointments to the position of Council
(FILLMORE) Intern.
I am requesting acting pay for myself, Jesse J. Carmichael, Mr. Coppola moved the approval of the appointments to the
Assistant Director of Substance Abuse Services, who is acting position of Council Intern.
in the title of Division Director since December 1, 2001. The ADOPTED.
total amount of acting pay is $18,991. The breakdown is as
follows: CERTIFICATE OF APPOINTMENT
December 1, 2001 to June 30, 2003 = 19 months Appointment Effective: MaRCH 1, 2004 in the Department of
Division Director Salary ---------- $54,979 Common Council to the Position of Intern V, seasonal, non
Asst. Director Salary -------------- $46,375 competitive at the flat starting salary $ 8.00/hr
' Difference of $717.00 per monthly salary X 19 months = Midhael Austin, 708 East Ferry Street, Buffalo, New York
$13,623 14215
A 5% salary increase was implemented as of July 1, 2003 Alonzo. Barnes, 511 Cambridge Avenue, Buffalo, New York
July 1, 2003 to Present Day (December 2003) = 6 months 14215
Division Director Salary -------------- $59,459 Joel D. Tucks, 417 Wyoming Avenue, Buffalo, New York
Asst. Director Salary ----------------- $48,722 14215
Alvin Thomas, 22 Mapleridge Avenue, Buffalo, New York the BFSA's borrowing power to the City and School District;
14215 and
Rashad-Howard, 77 Easton, Buffalo, New York 14215 WHEREAS, BFSA has determined that the Act needs to be
amended to a.) authorize a process for the School District to
CERTIFICATE OF APPOINTMENT declare its need for financial assistance; b.) ensure the flow of
Appointment Effective: February 2, 2004 in the Department the School District's share of the Erie County sales tax to
of Common Council, to the Position of Intern V, Seasonal BFSA; c.) clarify that debt issued by BFSA to provide benefits
Non-Competitive at the Flat Starting Salary of $ 8.00/hr to the City or School District will not negatively impact the City's
Fileceillia Sampson, 123 Berkshire Avenue, Buffalo, NY 14215 property tax capacity; and d.) exclude short term borrowing by
the BFSA for the benefit of the City or the School District from
CERTIFICATE OF APPOINTMENT the $175 million cap for BFSA debt outstanding at any one
Appointment Effective: February 12, 2004 in the Department time.
of Common Council to the Position of Intern V, Temporary NOW THEREFORE BE IT RESOLVED, that the Board of
Non – Competitive at the Flat Starting Salary of 6.00/ hr. Directors of the Buffalo Fiscal Stability Authority does hereby
Diane M. Kepple, 223 Maurice Street, Buffalo, N.Y. 14210 endorse and support amendments to the BFSA Act to: a.)
authorize a process for the School District to declare its need
CERTIFICATE OF APPOINTMENT for financial assistance; b.) ensure the flow of the School
Appointment Effective: March 2, 2004, in the Department of District's share of the Erie County sales tax to BFSA; c.) clarify
Common Council, to the Position of Intern I, Seasonal that debt issued by BFSA to provide benefits to the City or
Non-Competitive at the Flat starting salary of $7.00/hr School District will not negatively impact the City's property tax
Rashad L. Howard, 77 Easton Avenue, Buffalo, New York capacity; and d.) exclude short term borrowing by the BFSA for
14215 the benefit of the City or the School District from the $175
million cap for BFSA debt outstanding at any one time; and
NO. 47 BE IT FURTHER RESOLVED, that the Board of Directors of
APPOINTMENTS - TEMPORARY, PROVISIONAL OR the Buffalo Fiscal Stability Authority does hereby request the
PERMANENT New York State Legislature to enact such amendments
I transmit herewith Appointments in the various departments expeditiously.
made at the Minimum (Temporary, Provisional or Permanent) This Resolution shall take effect immediately.
and for Appointments at the Maximum (as per contract Approved February 18,2004
requirements) . Richard Tobe
REFERRED TO THE COMMITTEE ON CIVIL SERVICE. Secretary
REFERRED TO THE COMMITTEE ON BUDGET
CERTIFICATE OF APPOINTMENT No. 49
Appointment Effective: February 23, 2004 in the Department J. Strangis
of: Police, to the Position of: Public Safety Dispatcher Notice of Claims
provisional appointment at the minimum starting salary of Copy available in City Clerks Office for review
$28,164 REVERRED TO THE COMMITTEE ON CLAIMS AND THE
Katherine E. Milks, 409 Abbott Road, Buffalo, NY 14220 CORPORATION COUNSEL
Kathleen M. Keane, 88 Sage Avenue, Buffalo, NY 14210
Katherine D. McGarrah, 65 Roma Avenue, Buffalo, NY 14215 NO. 50
Susan A. Tinti, 177 Breckenridge, Buffalo, NY 14213 C. WOODROW
NOTICE OF CLAIMS
CERTIFICATE OF APPOINTMENT Copy available in City Clerks Office for review
Appointment Effective: February 24, 2004 in the Department REVERRED TO THE COMMONNTT ON CLAIMA AND THE
st
of: Public Works, Parks and Streets, to the Position of Sr 1 CORPORATION COUNSEL
Class Stationary Engineer, Non Competitive Appointment at the
minimum starting salary of $10.25/hr NO. 51
Victor Burgio, 39 Hecla Street, Buffalo, NY 14216 B. Davis-G. Cole-Demo at 382 Maryland
Thomas J. Trevan, 31 Marine Drive apt 3B. , Buffalo, NY REFERRED TO THE COMMITTEE ON FINANCE AND THE
14202 PRESERVATION BOARD
Daniel J. Tattenbaum, 482 Taunton Pl., Buffalo, NY 14216
NO. 52
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND ANNUAL REPORT
REMONSTRANCES JESSE KETCHUM MEMORIAL FUND
NON-OFFICIAL COMMUNICATIONS FOUNDED 1871
NO. 48 The Board of Trustees of the Jesse
BUFFAO FISCAL STABILITY AUTHORITY Ketchum Memorial Fund herewith
RESOLUTION NO. 04 submits its Annual Report to you
LEGISLATIVE AMENDMENTS as required by the Deed of Trust
WHEREAS, through Chapter 122 of the Laws of 2003, the that established this fund for the
New York State Legislature created the Buffalo Fiscal Stability awarding of prizes for excellent
Authority ("BFSA") to preserve and protect the economy of the scholarship to the eighth grade
City of Buffalo, a political subdivision of the State of New York; graduates of the Buffalo Public
and Schools.
WHEREAS, the Buffalo Fiscal Stability Authority Act (the Principals of each elementary school having an eighth grade
"Act") empowers the BFSA to oversee the budget of the City of class have submitted the names of those students who are
Buffalo and other "Covered Organizations" as defined by members of the graduating class who have ranked the highest
Section 3851(13) of the Act; and in scholarship in their group.
WHEREAS, the legislative findings of the Act declares that A gold flashed medal, certificate and a $ 1,000.00 check was
BFSA shall make savings available through a restructuring of a presented to the student ranking highest in the entire city. A
portion of the City's outstanding debt and/or through limited silver flashed medal, certificate and $500.00 check was
borrowing for operating costs, in either case, secured by an presented to the second highest student. Each school winner
intercept of sales tax net collections as well as state aid; and received a bronze medal, a certificate and a $100.00 savings
WHEREAS, the legislative findings further declare that BFSA bond. Awards were presented at the Awards Ceremony held at
is intended to issue bonds, notes or other obligations to achieve West Hertel Academy on Thursday evening, November 20,
budgetary savings through debt restructuring; to finance 2003 at 7:30 P.M.
short-term cash flow or capital needs; and For the 2003 - 2003 school year a total of 50 medals and
WHEREAS, the original intent of the BFSA Act pursuant to the certificates were awarded. A list of the winners is enclosed for
definition of "financeable costs" in section 3851(15) of the Act your records.
was to provide the City and any Covered Organization the full Also a copy of the financial report by the Treasurer, Mr.
benefit of the BFSA's borrowing power; and Thomas Keenan, for the fiscal year January 1, 2003 -
WHEREAS, financeable costs are defined to include refunding December 31, 2003 is enclosed.
or restructuring of City or Covered Organization indebtedness; RECEIVED AND FII-ED
cash flow needs of the City or any Covered Organization; the
capital needs of the City or Covered Organization; operating NO. 53
costs of the City or Covered Organizations, pursuant to section Proposed Heliport at Women & Children's Hospital,
3857 of the Act; and incidental costs in connection with the Buffalo, NY
financing of such costs; and Airspace Case: 02-AEA-1068-NRA
WHEREAS, the City School District is specifically defined as a I am writing to you on behalf of a group of residents who live
Covered Organization in Section 3851(15) of the Act; and in close proximity to a heliport proposed for construction and
WHEREAS, technical amendments to the BFSA Act are operation atop the Neonatal Intensive Care Unit (NICU)
needed to ensure BFSA's capacity to provide the benefits of building at Women & Children's Hospital of Buffalo (formerly
known as Children's Hospital of Buffalo) at 219 Bryant Street, Tank facility from W&CHOB parking lot"; and, "Warning
Buffalo, New York. Sticker on Oxygen Tank adjacent to NICU Building".
It is our understanding that your office advised Edward H. To date, neither the applicant nor the City of Buffalo has
McDonnell at Mercy Flight Inc., by letter dated 10/ 15/02, that assessed the potential danger to the neighborhood, hospital
the FAA had no objection to the proposed heliport at W&CHOB employees or visitors, of fire or explosion if one or more of the
provided that certain conditions were met, and that the FAA's oxygen tanks were to be struck by a helicopter,
determination will expire in April 2004. To date, the heliport has helicopter-related debris, or "rotor wash", during an attempted
not been constructed. By Decision & Order granted 1/22/04, landing or departure at the W&CHOB site. The following
the Hon. John P. Lane, Justice of the State's Supreme Court, hazards "warning" regarding liquid oxygen contained in a
has issued a preliminary injunction barring construction of the document prepared by Praxair, Inc., entitled "Praxair Material
proposed heliport until the Common Council of the City of Safety Data Sheet (P-4637-F)",' is a cause for concern:
Buffalo complies with the State's Environmental Quality Review 3. Hazards Identification
Act and the City Code and reconsiders its approval of the EMERGENCY OVERVIEW
hospital heliport, taking a hard took at environmental and public WARNING! Extremely cold, oxidizing liquid and gas under
safety issues. pressure.
My clients reside in a densely developed, predominantly Vigorously accelerates combustion.
residential neighborhood adjacent to the proposed heliport site Combustibles in contact with liquid oxygen may explode
at W&CHOB. One family, for example, lives at 84 Hodge on ignition or impact.
Avenue, a three-story home located less than 80 feet to the Can cause severe frostbite.
northeast of the NICU building. Another family lives at 200 May cause dizziness and drowsiness.
Bryant Street, directly across the street and about 100 feet to Given the proximity of the oxygen tanks to both the proposed
the south of the NICU building and heliport site. As a result of heliport site atop the NICU building and my clients' residences,
the short distances between the proposed heliport and their and the potentially hazardous nature of high-pressure liquid
residences, my clients' primary concerns pertain to safety oxygen, my clients would like to know:
issues, and the potential hazards to nearby residents and (i) whether the FAA's 10/ 15/02 determination reflects a close
property if a helicopter approaching or departing the proposed examination by your office of the safety issues relating to the
heliport site were to experience any technical or weather-related external oxygen facility;
difficulties. Their apprehension regarding the proposed heliport (ii) whether the applicant's heliport proposal fully complies with
was heightened this past summer when, on June 20, 2003, a the standards and requirements found in pertinent documents,
Mercy flight helicopter was substantially damaged during a including, without limitation, the FAA's Advisory Circular AC
forced landing near Buffalo. As described in the National 150/5390-2A, Chapter 5 - Hospital Heliports; 2 NFPA 99
Transportation Safety Board's preliminary report [NTSB ID # ("Standard for Health Care 4 Facilities" - 2002 Edition),3 and
NYC03LA133], the helicopter struck the ground, bounced into NFPA 418 ("Standard for
the air, and rotated about I % turns before striking the ground a Heliports" - 2001 Edition); and
second time, According to an FAA inspector, skid marks were (iii) whether compliance with the minimum standards and
observed leading toward a fence in the parking lot where the requirements contained in the FAA's AC 150/5390-2A, the
emergency landing occurred, the tail rotor was found imbedded National Fire Protection Association's NFPA 99 and NFPA
on the fence, the tail boom was separated from the helicopter 418, etc., adequately protects the public, generally, and the
beyond the fence, and the helicopter came to rest beyond the nearby residents, specifically, given the densely developed
fence with the skids spread. [For your convenience, a copy of nature of the neighborhood adjacent to W&CHOB's proposed
the NTSB report is attached hereto as heliport site, and the proximity of the proposed heliport and final
Exhibit A.]
approach and takeoff (FATO)/safety area to the hospital's
Given the proximity of the proposed NICU building heliport site
external oxygen tanks.
to the adjacent residential community, and the reality that
B. The Need for Satisfactory "Emergency Landing"
helicopter accidents do, in fact, occur, my clients are most
Options
concerned about the following potential safety issues:
As your office is aware, Federal Aviation Regulations require
* the proximity of the heliport site to the hospital's external
aircraft, including helicopters, to operate at an altitude that
high-pressure oxygen tank facility located approximately 30feet
allows "an emergency landing without undue hazard to persons
to the northeast of the NICU building;
or property on the surface" if power fails. [See FAR, § 91.119.]
* the apparent absence of place(s)for a helicopter approaching
Given the nature of the community that surrounds W&CHOB,
or departing the proposed heliport to safely make an
and the presence of the external oxygen storage facility, my
emergency landing without hazard to people or property on the
clients believe that the proposed W&CHOB heliport site should
surface; and
not be approved for operation unless and until the applicant
* the apparent conflict between the typical "approach" path
convincingly demonstrates that the location of the heliport site
discussed in the hospital's heliport study [which indicated that,
and its approach/departure paths do, in fact, provide a pilot
"approaching helicopters would typically fly inform the
approaching or departing the NICU rooftop site with one or
northeast", given the fact that "the winds off Lake Erie generally
more satisfactory emergency landing options should an engine
blow in a southwest to northeast direction in the vicinity of the
fail or technical or weather related difficulties mandate a forced
hospital'7, and the approach route directly from the north
landing.
reflected in subsequent documents submitted by the applicant.
As with the issues discussed above regarding the oxygen
A review of the "Notice of Landing Area Proposal" form
storage facility, it appears that neither the applicant nor the
submitted on behalf of W&CHOB in July 2002, as well as your
City of Buffalo has given meaningful consideration to the
office's 10/ 15/02 letter to Edward H. McDonnell of Mercy Flight
emergency landing options available in the vicinity of the
Inc., does not reveal what information, if any, the applicant
proposed W&CHOB heliport site. The hospital's heliport study
provided to the FAA pertaining to the three safety issues noted
fails to address the emergency landing issue in any fashion.
above. Furthermore, the hospital's heliport study (entitled
When the topic of emergency landings was raised at a public
"Kaleida Health Heliport Study For Children's Hospital",
meeting this past year, a representative from Mercy Flight
prepared by Clough, Harbour & Associates LLP) makes no
flippantly stated that the pilot would land on an adjoining street.
reference to either the external oxygen tanks or emergency
It is my clients belief that the W&CHOB heliport site fails to
landing options. Given this dearth of information, and the
provide an emergency landing option that would not subject
disclaimer contained in Section 157.7 of the Federal Aviation
people and property on the surface to undue hazard. As
regulations [that is, "Aeronautical studies and determinations
reflected in the photographs attached hereto as C,5 the
will not consider environmental or land use compatibility Exhibit
impacts."], it is unclear to us whether the FAA considered the presence of parked and moving vehicles, trees, street lights,
location of the oxygen tanks, the availability (or, lack thereof) of utility lines, and other fixed objects (including the nearby
emergency landing sites, and/or the apparent "flight path" oxygen storage tanks), etc., appear to rule out the narrow
discrepancies, when issuing its advisory determination in adjacent streets, as well as the entrance-exit
October 2002. For these reasons, we respectfully provide the driveway/short-term parking lot adjoining the NICU building, as
following information and attached material: satisfactory "emergency landing" options for helicopters either
A. W&CHOB's External Oxygen Tank Facility approaching or departing the proposed heliport site.
The proposed heliport site at the NICU building is located It appears to my clients that the safety of individuals and
approximately 30 feet to the southwest of an external property in the vicinity of the proposed W&CHB 0 heliport site
high-pressure oxygen storage facility that includes three oxygen would be significantly jeopardized were a forced landing similar
tanks, one of which stands an estimated 35-feet tall, to the one that the Mercy Flight helicopter experienced on June
manufactured and maintained by Praxair, Inc. Attached hereto 20, 2003 to occur during approach or takeoff at the NICU
as are the following five rooftop site. In contrast to the suburban site of the June 2003
Exhibit B
emergency landing, it is unclear how a helicopter would be able
photographs depicting the oxygen tank facility, and its
to strike the ground, bounce into the air, rotate I 1/4turns, strike
relationship to both the surrounding neighborhood and the
the ground a second time, skid a substantial distance, and
proposed heliport site: "View from 84 Hodge Av., 2d Floor, of
separate from both its tail rotor and tail boom without creating
Oxygen Tanks, NICU Building, and Variety Tower"; "View of 84
an undue hazard for people and property in and around the
Hodge with Oxygen Tank, NICU Building in Background";
NICU building site. We urge the FAA to closely examine the
"Oxygen Tanks with NICU Building in Background"; "Oxygen
proposed W&CHOB heliport site and approach/departure
paths to ensure that emergency landing options that would not $200 to $250 million. New highways in adjacent corridors were
subject people and property on the surface to undue hazard do, also found to be expensive and would create unacceptable
in fact, exist. impacts on neighborhoods. We also looked at proposals to
C. "Approach" Path Discrepancies. increase capacity on the existing Mainline and Niagara
As your office is aware, the FAA's Advisory Circular for hospital Sections of the Thruway. These proved to be very expensive
helicopters contains the following instructions: "To the extent and would not provide the connectivity that is provided by the
feasible, the approach/takeoff path should be aligned with the Skyway.
dominant winds." [See AC 150/5390-2A, Chapter 5 -Hospital A significant issue concerning the Skyway is the cost to
Heliports, §§ 53, 54(a).] Consistent with this instruction, the maintain this mile-long structure. Over the next 35 to 40
W&CHOB heliport study, submitted to the City of Buffalo in years, we estimate that it will cost approximately $60
March 2003, depicts an approach path from the northeast for million to repair and maintain the Skyway, in current
helicopters landing atop the NICU building site, and provides dollars. Averaged over the anticipated service life of
the following explanation for the northeasterly direction of the these efforts, the annualized cost is $1.5 to $1.7 million
proposed approach path: per year. In comparison, building a tunnel to replace the
2.1 Flight Paths Skyway is estimated to cost hundreds of millions of
Flight paths are the routes that helicopters fly when taking off dollars in initial construction costs. A tunnel would also
from or landing at a helipad. They are based mainly on wind require significantly higher annual operational costs due
direction. It is favorable for helicopters to approach (i.e., land) to lighting and ventilation needs. These annual costs,
into the wind toward the helipad, and depart (i.e., take-off) into which do not include future rehabilitation or repair needs,
the prevailing wind away from the helipad. are estimated at $3 million per year.
According to meteorological data, the winds off Lake Erie The Department of Transportation believes that replacement of
generally blow in a southwest to northeast direction in the the Skyway is not prudent and is not necessary to meet the
vicinity of the hospital. The flight paths for the elevated sites (2, more urgent goals of developing the Inner and Outer Harbor.
3 and 4) reflect this wind direction; approaching helicopters We do not believe that the significant funding required for a
would typically fly in from the northeast, and take-off to the replacement will become available within our planning horizon.
southwest... General fight paths for each site are illustrated on The Department continues to advance waterfront access
Figure 1. Helicopters may deviate from these flight paths projects that have resulted from an extensive public
depending on the wind direction. However, the paths shown in participation process. They include the reconfiguration of the
Figure I reflect the "typical" paths that would be used under Route 5/Fuhrmann Boulevard complex into a landscaped
most conditions, lakefront arterial, the reconstruction of Ohio Street as a
In contrast to the northeasterly approach path addressed in the landscaped riverfront arterial, and a new arterial street
heliport study, a drawing labeled "Approach & Departure connecting Tifft Street to 1- 190 through the former LTV Steel
Routes" that was submitted to the City of Buffalo in site. We anticipate the circulation of a Draft Environmental
September 2003 indicates that helicopters would approach the Impact Statement and holding Public Hearings regarding these
heliport site directly from proposals this spring and we will diligently move ahead to the
the north perpendicular to Hodge Street, departing in a subsequent phases.
southwesterly direction across Bryant Street and Oakland I hope that this letter has clarified the Department's position
Place. (Attached hereto as, are reduced-scaled regarding removal of the Skyway so that we can now focus our
Exhibit D
attention and resources on transportation solutions for the
copies of "Figure I " from W&CHOB's heliport study, depicting
Outer Harbor that will truly enhance its potential for sustained
approaching helicopters flying in from the northeast, and the
development.
subsequent "Approach & Departure Routes" illustration
REFERRED TO THE COMMITTEE ON COMMUNITY
showing helicopters approaching the NICU rooftop site directly
DEVELOPMENT AND THE DIRECTOR OF STRATEGIC
from the north. Also included as part of Exhibit D are two
PLANNING
photographs depicting the relationship between the NICU
building and the I O-story "tower" located immediately to its
NO. 55
west: "View of 'Variety Tower' looking West from base of NICU
Wall Street Journal Newspaper Article of January 7, 2004,
Bldg.", and "View of 84 Hodge Av. & East Side of Variety
"In Seoul, A Splash of the Past"
Tower".)
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR
The. "Notice of Landing Area Proposal" form submitted to your
REVIEW
office on behalf of W&CHOB in July 2002 gives the "direction
Please refer to the Committee on Community Development.
of ingress" as "south" (that is, from the north), despite the
REFERRED TO THE COMMITTEE ON COMMUNITY
heliport study's indication that approaching helicopters would
DEVELOPMENT
"typically" fly in from the northeast in light of the direction of the
prevailing winds. My clients would like your office to evaluate
PETITIONS
the appropriateness of the applicant not aligning its approach
route with the dominant the winds off Lake Erie that generally
NO. 56
blow in a southwest to northeast direction in the vicinity of the
S. CURTIN, AGENT, USE 3149 MAIN STREET-OUTDOOR
hospital. Utilization of the "safest" approach route appears
PATIO
essential given the densely developed community surrounding
(HRG. 3/9)
the proposed heliport site. Additionally, my clients ask that your
REFERRED TO THE COMMITTEE ON LEGISLATION,
office evaluate a related issue that was not addressed in
DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING
W&CHOB's heliport study, that is, whether air flowing around
BOARD AND CORPORATION COUNSEL.
and over the adjacent I O-story hospital building (which,
according to the applicant's "Notice of Landing Area Proposal",
Regular Committees
is 80-feet taller than the proposed landing site) could create
turbulence that may affect helicopter operations. [See the two
CIVIL SERVICE
photos included as part of
Exhibit D-I
(Bonnie E. Russell, Chairperson)
Thank you for your kind attention to the issues raised in this
correspondence. I would greatly appreciate acknowledgement
NO. 57
that your office has received this packet, and an indication of
Appt.-Captain (Cont. Penn.) (Max) (Police)
when and how I will receive a response to the issues of great
(CCP#23-Feb. 17, 04)
concern to my clients.
That the above item be and the same hereby is received and
REFERRED TO THE COMMITTEE ON LEGISLATION
filed.
ADOPTED
NO. 54
AYES – Bonifacio, Coppola, Fontana, Franczyk, Golombek,
Common Council Resolution 9131 -February 3,2004)
Griffin, Russell, Thompson – 8
Feasibility Study for Gateway Tunnel and Skyway
NOES – Davis - 1
Removal
This is in response to the referenced resolution passed by the
No. 58
City of Buffalo Common Council regarding the future of the
Appt.-Chief (Max) (Police)
Buffalo Skyway and its relationship to the waterfront and inner
(CCP#24-Feb. 17, 04)
and outer harbor economic development projects.
That the above item be and the same hereby is received and
While the Department agrees that eliminating the maintenance
filed.
responsibilities and operational difficulties caused by winter
ADOPTED
weather would be advantageous, the Skyway carries 40,000
AYES – Bonifacio, Coppola, Fontana, Franczyk, Golombek,
vehicles each day and is a critical link in the regional
Griffin, Russell, Thompson – 8
transportation network. It provides important connectivity to
NOES – Davis – 1
developable sites in the corridor from the Interstate system and
the international border.
No. 59
Over the past 10 to 15 years the Department has studied
Notices of Appt.-Temp./Prov./Penn. (C. Clk.)
various alternatives that would allow for the Skyway's removal.
(CCP#40-Feb. 17, 04)
Tunnel alternatives to replace the Skyway range in cost from
That the above item be and the same hereby is received and
filed. NO. 69
ADOPTED L. MARSHALL, PETITION TO USE 501 HIGH STREET -
HUMAN SERVICE FACILITY
FINANCE (ITEM NO. 55, C.C.P., FEB. 17, 2004)
(Brian C. Davis, Chairman) That after the public hearing before the Committee
on Legislation on February 24, 2004, the petition of L. Marshall,
no. 60 owner, for permission to use 501 High Street for a human
Cert. of Nec.-Transfer of Funds-Parking Board (Compt.) service facility be, and hereby is approved.
(CCP#9-Feb. 17, 04) Passed.
That the above item be and the same hereby is received and AYES-9. NOES-0.
filed.
ADOPTED NO. 70
V. CORAM, PETITION TO USE 291 FERRY STREET - 30
No. 61 CAR PARKING LOT
Transfer of Funds - Parking Board (ITEM NO. 56, C.C.P., FEB. 17, 2004)
(item No. 97, C.C.P., Feb. 17, 2004) That after the public hearing before the Committee
That the Comptroller be, and he hereby is authorized to on Legislation on February 24, 2004, the petition of V. Coram,
reappropriate Maintenance and Debt Service Reserve Capital agent, for permission to use 291 Ferry Street for a 30 car
Reserve to Adam Expansion and Augsburger Expansion in the parking lot be, and hereby is approved.
sum of $34,725.47. Passed.
Passed AYES-9. NOES-0.
AYES - 9 - NOES - 0
NO. 71
NO. 62 P. BAILEY, PETITION TO USE 148 WOODLAWN HUMAN
Response-Purchase Prop. Adj. To School #3 (Strat. Plan.) SERVICE FACILITY
(CCP#13-Oct. 14, 03) (ITEM NO. 57, C.C.P., FEB. 17, 2004)
That the above item be and the same hereby is received and That after the public hearing before the Committee
filed. on Legislation on February 24, 2004, the petition of P. Bailey,
ADOPTED agent, for permission to use 148 Woodlawn for a human
service facility be, and hereby is approved.
NO. 63 Passed.
Acq of Property Board of Education School #3 (Strat AYES-9. NOES-0.
Plan) NO. 72
(CCP49-Dec. 23, 03) W. SITZMAN, PETITION TO USE 2001 MAIN - CANISIUS
That the above item be and the same hereby is received and COLLEGE -6/7 STORY MASONRY COLLEGE
filed. DORMITORY
ADOPTED (ITEM NO. 58, C.C.P., FEB. 17, 2004)
That after the public hearing before the Committee on
NO. 64 Legislation on
Raising Revenue to Impact User Fee (Exc. I" Res.) February 24, 2004, the petition of W. Sitzman, agent, for
(CCP#21 I -Dec. 9, 03) permission to use 2001 Main Street, Canisius - for a 6/7 story
That the above item be and the same hereby is received and masonry college dormitory be, and hereby is approved.
filed. Passed.
ADOPTED AYES-9. NOES-0.
NO. 65 NO. 73
Parking Meter Advertising Agreement S. DONALD WARE, PETITION TO USE 765 ELMWOOD -
(Item No. 25, C.C.P., Feb. 17, 2004) RESTAURANT WITH
That the above item be, and the same hereby is returned to the SEASONAL SIDEWALK CAFE
Common Council without recommendation. (ITEM NO. 59, C.C.P., FEB. 17, 2004)
Mr. Davis moved that the above item be recommitted to the That after the public hearing before the Committee
Committee on Finance. on Legislation on February 24, 2004, the petition of S. Donald
ADOPTED. Ware, owner, for permission to use 765 Elmwood Avenue, for
a restaurant with seasonal sidewalk cafe be, and hereby is
NO. 66 approved.
Buffalo & Erie County Historical Society - Report of Bids Passed.
(Item No. 13, C.C.P., Feb. 17, 2004) AYES-9. NOES-0.
That the Department of Public Works, Parks and Streets be,
and he hereby is authorized to award a contract for Buffalo & NO. 74
Erie County Historical Society, Limited Asbestos Abatement LOCAL LAW INTRO. NO. 2 (2004) - ELIGIBILITY FOR
Project, to Frontier Insulation Contracts, Inc., the lowest ELECTION TO THE OFFICE OF MAYOR
responsible bidder, in the amount of $19,355.00. Funds for the (ITEIN NO. 129, C.C.P., FEB. 3, 2004)
project are available in 34320406 445 100 - Buildings. That the above item be, and the same hereby is,
Passed. returned to the Common Council without recommendation.
AYES - 9 - NOES - 0 Mr. Fontana Moved:
That the Local Law Intro. No. 2 (2004) as contained
NO. 67 in Item No. 129, C.C.P., February 3, 2004, be and the same
Parking Lot Holy Family Church/Mungovan Park hereby is approved.
(Item No. 2 1, C. C. P., Feb. 17, 2 0 04) Seconded by Mr. Golombek
That the Comptroller be, and he hereby is authorized to pay AYES-FONTANA, GOLOMBEK-2.
Buffalo Crushed Stone, Inc. in the amount of $9,226.26 for NOES-BONIFACIO, COPPOLA, DAVIS, FRANCZYK,
asphalt used to repave Holy Family's parking lot because of the GRIFFIN, RUSSELL, THOMPSON-7.
adjacent Mungovan Park. LOST
Passed.
AYES - 9 - NOES - 0 NO. 75
LOCAL LAW INTRO. NO. 3 (2004) -k ELIGIBILITY FOR
ELECTION TO THE OFFICE OF COMPTROLLER
LEGISLATION (ITEM NO. 130, C.C.P., FEB. 3, 2004)
That the above item be, and the same hereby is,
(RICHARD A. FONTANA, CHAIRMAN) returned to the Common Council without recommendation.
Mr. Fontana Moved:
NO. 68 That the Local Law Intro. No. 3 (2004) as contained
S. ROBARGE, PETITION TO USE 1551 DELAVAN EAST - in Item No. 130, C.C.P., February 3, 2004, be and the same
HUMAN SERVICE FACILITY hereby is approved.
(ITEM NO. 54, C.C.P., FEB. 17, 2004) Seconded by Mr. Golombek
That after the public hearing before the Committee AYES-FONTANA, GOLOMBEK-2.
on Legislation on February 24, 2004, the petition of S. Robarge, NOES-BONIFACIO, COPPOLA, DAVIS, FRANCZYK,
owner, for permission to use 1551 Delavan East for a human GRIFFIN, RUSSELL, THOMPSON-7.
service facility be, and hereby is approved. LOST
Passed.
AYES-9. NOES-0. NO. 76
d
LOCAL LAW INTRO. NO. 4 (2004) - ELIGIBILITY FOR That the above item be and the same hereby is received and
ELECTION TO THE OFFICE OF COUNCIL MEMBER filed.
(ITEM NO. 100, C.C.P., FEB. 17, 2004) ADOPTED
That the above item be, and the same hereby is,
returned to the Common Council without recommendation. NO. 87
Mr. Fontana moved: DEICING ALTERNATIVES (PW)
That the Local Law Intro. No. 4 (2004) as contained in Item No. (CCP#15-FEB. 3, 04)
100, C.C.P., Feb 17, 2004, be and the same hereby is That the above item be and the same hereby is received and
approved. filed.
Seconded by Mr. Golombek. ADOPTED
LOST.
AYES-FONTANA, GOLOMBEK-2. NO. 88
NOES-BONIFACIO, COPPOLA, DAVIS, FRANCZYK, R. FONTANA & COPPOLA-TORONTO GLOBE-"TORONTO
GRIFFIN, RUSSELL, THOMPSON-7. TUMES TO BRINE TO MELT ICE ON ROADS"
(CCP#38-FEB. 3, 04)
NO 77 That the above item be and the same hereby is received and
TERM LIMITS-REFERENDUM (LAW) filed.
(CCP#27-FEB. 17, 04) ADOPTED
That the above item be and the same hereby is received and
filed. NO. 89
ADOPTED USED CAR DEALER LICENSE - 878 BAILEY AVENUE
(ITEM NO. 29, C.C.P., FEB. 17, 2004)
NO. 78 That pursuant to Chapter 254 of the City Code, the
BFLO. NIAG. PARTNERSHIP-LEG. OPP. MEMO.-PROP. Commissioner of Permit & Inspections Services be, and he
AMEND.-CHAPTER 175 FEE SCHED. hereby is authorized to grant a Used Car Dealer license to Jim
(CCP#42-FEB. 17, 04) Ford, d/b/a Ford LTD, located at 878 Bailey Avenue.
That the above item be and the same hereby is received and Passed.
filed. AYES-9. NOES-0.
ADOPTED
NO. 90
NO. 79 REQ. BETTER MAINT/DREDGING-SCAJAQUADA
R. FONTANA-R. BRONSTEIN-COMMENTS-ORD. CREEK/HOYT LAKE (EXC. FIN. RES.)
AMEND.-AUCTIONS & AUCTIONEERS (CCP#148-SEPT. 17, 03)
(CCP#40-FEB. 3, 04) That the above item be and the same hereby is received and
That the above item be and the same hereby is received and filed.
filed. ADOPTED
ADOPTED
COMMUNITY DEVELOPMENT
NO. 80
NEW PERMIT FEE STRUCTURE (MAYOR) (JOSEPH GOLOMBEK JR., CHAIRMAN)
(CCP#1-JAN. 20, 04)
That the above item be and the same hereby is received and NO. 91
filed. COMM. DEV. BLOCK GRANT (EXC. FIN. RES.)
ADOPTED (CCP#I 75-SEPT. 30, 03)
That the above item be and the same hereby is received and
NO. 81 filed.
L. ST. PIERRE-BFLO. NIAG. ADOPTED
PARTNERSHIP-COMMENTS-NEW PERMIT FEE
STRUCTURE NO. 92
(CCP#46-FEB. 3, 04) FEASIBILITY STUDY FOR A GATEWAY TUNNEL AND
That the above item be and the same hereby is received and THE REMOVAL OF THE SKYWAY BRIDGE
filed. (ITEM NO. 131, C.C.P., FEB. 3, 2004)
ADOPTED That the Common Council requests the Department
of Public Works, Parks and Streets review and update the
NO. 82 1990 Gateway feasibility study to explore constructing a tunnel
APPT.-MEMBERS-BFLO SEWER AUTHORITY (#1, from downtown Buffalo to Fuhrmann Boulevard and the
12/23)(MAYOR)(KENNEDY,NAPLES) removal of the Skyway bridge.
(CCP#42-JAN. 6, 04) Adopted.
That the above item be and the same hereby is approved.
PASSED. NO. 93
AYES-9. NOES-0. D. BONIFACIO-BFLO. OLMSTEAD PARKS
CONSERVANCY-COMMENTS-PEACE BRIDGE EXP.
NO. 83 PROJ.
LEGAL OPINION ON MARINE DRIVE APARTMENT LEASE (CCP#30-JAN. 20, 04)
(BMHA) That the above item be and the same hereby is received and
(CCP#36-JUNE 10, 03) filed.
That the above item be and the same hereby is received and ADOPTED
filed.
ADOPTED NO. 94
D. BONIFACIO-US DOT INFO-SHARED BORDER MNGT.
NO. 84 (#53,12/23)
D. FRANCZYK-PROPOSED LEASE-MARINE DRIVE APTS. (CCP#80-JAN. 20, 04)
(CCP#63-OCT. 14, 03) That the above item be and the same hereby is received and
That the above item be and the same hereby is received and filed.
filed. ADOPTED
ADOPTED
NO. 95
NO. 85 D. BONIFACIO-A. MASIELLO-REQ. STUDY OF SHARED
REQUEST RESCINDING APPROVAL OF NOTIFICATION BORDER MNGT. ALT. (#54,12/23)
SERIAL #9765 - (CCP#81-JAN. 20, 04)
CLINTON STREET AND BAITZ AVENUE That the above item be and the same hereby is received and
(ITEM NO. 99, C.C.P., FEB. 17, 2004) filed.
That in the interest of safety in the Clinton-Baitz ADOPTED
neighborhood, the Common Council rescinds its January 20,
2004, approval of Notification #9765 repealing the traffic control NO. 96
signal at the intersection of Clinton Street and Baitz Avenue. B. CAMPBELL-PEACE BRIDGE EXP. PROJ. FINAL
Passed. SCOPING DOC. SHARED BORDER MNGT.
AYES-9. NOES-0. (#55,12/23)
(CCP#82-JAN. 20, 04)
NO. 86 That the above item be and the same hereby is received and
ADELPHIA CABLE FRANCHISE RENEWAL (LAW) filed.
(CCP#52-JULY 23, 03) ADOPTED
AND THE COMMISSIONER OF PERMITS AND
NO. 97 INSPECTIONS
D. BONIFACIO-DEC COMMENTS REG. PEACE BRIDGE
DRAFT SCOPING ALT. SCREENING RPT. NO. 104
(#52,12/23) MR. COPPOLA,
(CCP#83-JAN. 20, 04) CO SPONSORS MR DAVIS, MR. FONTANA, MR
That the above item be and the same hereby is received and FRANCZYK, MR. GOLORNBEK, MS RUSSELL, MR.
filed. THOMPSON AND MR GRIFFIN
ADOPTED CONSIDER IMPLEMENTING A CANADIAN
PRESCRIPTION DRUG PROGRAM
NO. 98 Whereas: An Associated Press survey in November of 2003 of
R. STANTON & T. BUTLER, URS CORP. 10 popular drugs" revealed that Canadians pay 33% to 80%
-COMMENTS-BFLO./FT. ERIE INTER. BORDER less to purchase prescription drugs than Americans do. A large
CROSSING EXP. factor in the price difference is due to government price
PROJECT (#51,10/14) controls in Canada; and
(CCP#94-JAN. 20, 04) Whereas: Due to fiscal constraints several cities throughout
That the above item be and the same hereby is received and the country have implemented or are considering implementing
filed. a Canadian prescription drug program to save money on health
ADOPTED care costs; and
Whereas: The City of Buffalo with its own financial problems
NO. 99 needs to reduce its health care costs; and
RATIFICATION OF BFLO/FT. ENIE PUB. BRIDGE Whereas: The cities of Montgomery, Alabama and Springfield,
AUTHORITY'S PROP. FINAL SCOPING DOCUMENT/ALT. Massachusetts have a Canadian prescription drug program in
SCREENING RPT. (HRG. 12/4) (#155,10/28) affect currently; and
(CCP#96-JAN. 20, 04) Whereas: Springfield, Massachusetts which has 1,000
That the above item be and the same hereby is received and employees has reportedly saved $750,000 (from July 2003 to
filed. December 2003), since utilizing a Canadian prescription drug
ADOPTED program; and.
Whereas: The City of Boston, Massachusetts has announced
NO. 100 a pilot project to begin this summer for their 11,000 employees
V. LAMB-DRAFT RESOLUTION OF THE PEACE BRIDGE which will save the city of Boston an estimated $1.5 million per
AUTHORITY (#36,11/12) yearand
(CCP#106-JAN. 20, 04) Whereas: Burlington, Vermont has announced that they will
That the above item be and the same hereby is received and soon begin a program for their 600 employees which will save
filed. Burlington an estimated $200,000 per year in health care costs;
ADOPTED and
Whereas: In addition to the above cities, the following states
NO. 101 are considering a Canadian prescription drug program: Illinois,
FIN. RES.-PROJECT ALT. BY PARTICIPANTS-PEACE Massachusetts, Oklahoma, West Virginia, Alabama, North
BRIDGE EXP PROJ (CP) (#18,1/2) Carolina, Vermont, Ohio, Delaware, Louisiana, Michigan,
(CCP#107-JAN. 20, 04) Wisconsin, New Hampshire, Iowa, and Minnesota; and
That the above item be and the same hereby is received and Whereas: The recent Medicare bill signed into law by President
filed. Bush does not outright ban the importation of prescription
ADOPTED drugs from Canada, but the law permits such importation only
NO. 102 with the approval of Health and Human Services Secretary
J. BELT-PEACE BRIDGE EXP. PROJECT (#73,9/2) Tommy Thompson- Secretary Thompson citing safety
(CCP#109-JAN. 20, 04) concerns has stated he will not approve the importation of
That the above item be and the same hereby is received and Canadian drugs; and
filed. Whereas: The federal government has not taken any action
ADOPTED against Springfield or Montgomery, the only two cities currently
with a program in effect; and
RESOLUTIONS Whereas: It is estimated that more than one million Americans
NO. 103 now purchase prescription drugs from Canada through the mail
BY MR. BONIFACIO or over the internet; and
REVIEW ONLINE ELECTRICAL PERMIT PROCESS Whereas: U.S. Senate Minority Leader Thomas Daschle has
Whereas: In an effort to improve the efficiency of its permit introduced legislation, which would allow for importing
process, the City of Buffalo currently allows for permits to be prescription drugs from Canada.
accepted and processed online; and Now, Therefore be it Resolved:
Whereas: Clearly the City of Buffalo supports the expediency That the Commissioner of Human Resources investigate this
and efficiency that an online permit process affords; and issue and file his findings with this Common Council no later
Whereas: Although there are certainly benefits to the online than April 8, 2004; and
permit process, Be it Further Resolved:
concerns have been raised as to whether all aspects of the That the Corporation Counsel responds to any legal issues that
electrical review may arise if the City of Buffalo was to engage in a program of
and permit process have been absorbed into the current online this nature.
process; REFERRED TO THE COMMITTEE ON FINANCE, THE
and CORPORATION COUNSEL, THE COMMIS OF HUMAN
Whereas: If the current online process for electrical permits is RESOURCES AND THE COMMISSIONER OF
incomplete, the City ADMINISTRATION AND FINANCE
of Buffalo will not only lose potential revenue as related to the
collection NO. 105
of the appropriate fees, but more importantly public safety may BY: BRIAN C. DAVIS, ELLICOTT DISTRICT
be at risk REQUEST ALTERNATIVE PARKING ON IRVING PLACE
if all elements of inspection and review are not completed; and Whereas: Residents of Irving Place are seeking assistance for
Whereas: Faulty electrical installation and faulty electrical alternative parking signs to be placed on there street; and
systems are a primary Whereas: The residents on Irving Place have expressed there
cause of fires; and concerns regarding the current parking conditions; and
Whereas: Given the public safety risks involved, it is critical Whereas: Throughout the winter season it has been very
that the City of Buffalo difficult for the snow plows to service the street properly; and
take all steps to ensure that all aspects of the electrical review Whereas: The spring, summer and fall months it is very
and permit difficult to clean the entire street; and
process are absorbed into the new online permit process; and Whereas: It is the contention of the residents of Irving Place
Now, Therefore Be It Resolved: that alternative parking signs be placed on Irving Place.
That the Common Council hereby requests the Department of Now Therefore Be Resolved That:
Permits and Inspection Services and the Department of This Common Council request that the Department of Public
Management and Information Systems to review the current Works install alternative parking signs on Irving Place.
online permit process to ensure that all appropriate fees are Be if Finally Resolved:
being collected and that all aspects of electrical review are That the Department of Public Works inform the Common
taking place and report to the Common Council as to their Council of the time frame expected for the installation of the
findings. alternative parking sign's.
REFERRED TO THE COMMITTEE ON LEGISLATION, THE REFERRED To THE COMMITTEE ON LEGISLATION AND
DIRECTOR OF MANAGEMENT INFORMATION SYSTEMS THE COMMISSIONER OF PUBLIC WORKS
BE IT FURTHER RESOLVED:
NO. 106 That the above entities as well as other interested parties and
BY: BRIAN C. DAVIS, ELLICOTT DISTRICT citizens be invited to appear before the Common Council to
REQUEST ALTERNATIVE PARKING ON WEST AVENUE address these and other relevant issues.
Whereas: Residents of West Avenue are seeking assistance ADOPT FIRST RESOLVE THE REMAINDER TO THE
for alternative parking signs to be placed on West COMMITTEE ON LEGISLATION
Avenue between Hudson Street to Virginia Street; and
Whereas: The residents on West Avenue have expressed NO. 109
there concerns regarding the current parking conditions; BY: MR. GRIFFIN
and CO SPONSOR MR. DAVIS
Whereas: Throughout the winter season it has been very BOARD OF TRUSTEES FOR THE CITY OF BUFFALO
difficult for the snow plows to service the street properly; and LIBRARIES
Whereas: The spring, summer and fall months it is very Whereas: Buffalo Library branches have been
difficult to clean the entire street; and disproportionately targeted for consolidation the past, losing
Whereas: It is the contention of the residents of West Avenue one fourth of their branches, 5 since 1963 to total 15 in 2004;
that alternative parking signs be placed on West Avenue. and
Now Therefore Be Resolved That: Whereas: Out of 15 Buffalo Libraries were targeted for
This Common Council request that the Department of Public consolidation in 2002; and
Works install alternative parking signs on West Avenue. Whereas: The Buffalo & Erie County, Public library, (BECPL),
Be if Finally Resolved: Board began a s a Buffalo library System funded and
That the Department of Public Works inform the Common administered by the City of Buffalo. The Board. nurtured
Council of the time frame expected for the installation of the libraries outside of Buffalo giving them the advantages of being
alternative parking sign's. part of the larger. more established Buffalo System, through all
Brian C. Davis contracts with that system and
REFERRED TO THE COMMITTEE ON LEGISLATION AND Whereas: In 1953, the Buffalo & Eric County Public Library
THE COMMISSIONER OF PUBLIC WORKS Systern began as a County entity. and in _2004, had grown to
52 library units with .24 Boards of Trustees in the Year 2004,
NO. 107 encompassing contracting branches, with 22 contracting
336
BY: MR. DAVIS
boards Outside of Buffalo, and 15 branches in Buffalo, with no
TRANSFER OF FUNDS
board and no contract, and
COMMON COUNCIL - LEGISLATIVE
Whereas: The legal and binding contracts held by the 36
That pursuant to §20-12 of the Charter and the Certificate of
contracting libraries outside of Buffalo have this advantage of
the Mayor and the Comptroller submitted to the Common
having their own boards, picked by and from their own
Council, the sum of $6,698 be and the same is hereby
communities, having their own
transferred within Common Council Legislative and said sum is
funding from the County which they decide how to spend,
hereby reappropriated as set forth below:
picking their own staff and administration so that the stall'-will
From:
be attuned to the needs of their particular communities-, and
10103001 - 411001 Salaries -Regular $6,698
Whereas: The Association of' Contracting Trustees. (ACT),
To:
further represents these 36 libraries outside o Buffalo, while
10 102001 - 412002 Hourly Salary $6.698
Buffalo Libraries have no such representation; and
PASSED
Whereas: The Buffalo Libraries are the only branches in the
AYES - 9 NOES - 0
BECPL System without a representative Board, legal & binding
contract, the rights and funding to do as they see fit provided
NO. 108
by such a contract. o representation in ACT, are and therefore
SPONSOR: MR. FRANCZYK
under-represented in the BECPL System, and
CO-SPONSORS: MESSERS COPPOLA AND BONIFACIO
Whereas: Buffalo has, in its one City, one-third of the Erie
DOG AND ANIMAL CONTROL AND PROTECTION
County population concentrated within 40 square miles of
REFORMS
densely Urban landscape, while it takes 22 towns to make up
WHEREAS: Various issues have arisen over the years
the other two-thirds;
regarding canine and animal control and protection in Buffalo;
Now, Therefore, Be It Resolved:
and,
That the City of Buffalo Common Council does hereby support
WHEREAS: Essentially, animal control entails protecting
and strongly encourage the forming of a Board of Trustees for
human beings from animals and animal protection deals with
the 15 City of Buffalo Libraries with in the Buffalo & Eric
protecting animals from people; and,
County PUbl1( Library System; and
WHEREAS: Some of the issues concerning animal control and
Now, Therefore, Be It Further Resolved:
protection have been illegal dog fights, stray dogs or unleashed
That this Honorable Body recommends that the Buffalo Public
dogs that have attacked citizens, unlicensed dogs or
Library Board of Trustees be given a contract with the
abandoned animals on city streets and other issues; and,
BECIIJ.... System with full advantages of the rights and
WHEREAS: The city operates a City Animal Shelter to
responsibilities of such a contract, including membership ACT
accommodate stray, injured, dangerous or abandoned animals
and funding from Erie County.
in Buffalo. Unwanted, injured or abandoned animals are given
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
haven in this facility, and,
CORPORATION COUNSEL AND THE ERIE COUNTY
WHEREAS: Certain steps could be implemented to address
LIBRARY
some of these animal-related issues, including, but not limited
to:
NO. 110
(1) Request the city clerk to develop and implement a new
BY: MR. THOMPSON
district-by-district dog survey with an eye to increasing the
APPOINTMENT OF SENIOR LEGISLATIVE ASSISTANT
number of licenses issued. One figure suggests that out of a
Whereas: On Thursday, January 4, 200 1, Antoine M
total of approximately 70,000 dogs in the city, only 10,000 are
Thompson was sworn in as Masten District Council Member;
licensed. A dog licensing survey administered by the City
and
Clerk's office in the University District some years ago netted
Whereas: Rashied H. McDuffie of 56 Glendale Place, Buffalo,
approximately 800 new licenses alone.
New York 14208 has been selected as Senior Legislative
(2) Research the legality of mandating owners of non-neutered
Assistant to the Masten District Council Office; and
pitbulls to obtain a city "breeders license," to control and
Now Be It Therefore Resolved:
monitor the use of these animals;
That Rashied H. McDuffie of 56 Glendale Place, Buffalo, New
(3) Research the viability of requiring improving services at the
York 14208 be appointed Senior Legislative Assistant to the
Animal Shelter.
Masten District Council Office; and
(4) Research a partnership with the SPCA, with an eye to
Be It Further Resolved:
attracting support for the longterm goal of establishing a
That the said appointment is made effective on Monday, March
Regional Animal Control and Protection program in Buffalo.
1, 2004
Such a comprehensive center, which incorporates animal
Antoine M. Thompson
control and animal protection, was reportedly built in San
Masten District Council Member
Francisco with considerable funding from "Mattie's Fund," an
ADOPTED
animal advocacy endowment;
(5) Develop strategies for an adoption and neutering program;
NO. 111
(6) Research implementation of a low or no cost spay or
BY: MR. THOMPSON
neutering facility, allowed under New York State Agricultural
APPOINTMENT OF LEGISLATIVE ASSISTANT
and Markets Law Article 7, Section 117.
Whereas: On Thursday, January 4, 200 1, Antoine M
NOW THEREFORE BE IT RESOLVED:
Thompson was sworn in as Masten District Council Member;
That the city law department, Department of Public Works,
and
City Clerk, and SPCA be asked to comment on the above
recommendations;
Whereas: BarCal Jones of 409 Richmond Avenue, Buffalo, On a motion by Mr. Coppola, Seconded by Mrs. Russell, the
New York 14222 has been selected as Legislative Assistant to Council adjourned at 3:15 PM
the Masten District Council Office; and CHARLES L. MICHAUX, III
Now Be It Therefore Resolved: CITY CLERK
That BarCal Jones of 409 Richmond Avenue, Buffalo, New
York 14222 be appointed Legislative Assistant to the Masten
District Council Office; and
Be It Further Resolved:
That the said appointment is made effective on Monday, March
1, 2004
Antoine A Thompson
Masten District Council Member
ADOPTED
NO. 112
BY MR. THOMPSON
FELICITATIONS/IN MEMORIAM
Attached hereto are Felicitation and In Memoriam
Resolutions sponsored by Members of the Common Council as
indicated:
Felicitation for
In Memoriam for BEVERLY GRAY
By Councilmember ALL COUNCILMEMBERS
ADOPTED
NO. 113
BY ANTOINE M. THOMPSON
APPOINTMENTS
COMMISSIONER OF DEEDS
That the following persons are hereby appointed as
Commissioner of Deeds for the term ending December 31,
2004, conditional, upon the person so appointed certifying
under oath to their qualifications and filing same with the City
Clerk:
Elbert Doris Jr
Paul D'Orlando
Michael Robinson
Charles Simmons
Regina Stitt
ADOPTED
NO. 114
BY: ANTOINE M. THOMPSON
APPOINTMENTS
COMMISSIONERS OF DEEDS
REQUIRED FOR THE PROPER
PERFORMANCE OF PUBLIC DUTIES
That the following persons are hereby appointed as
Commissioner of Deeds for The term ending December 31,
2004, conditional upon the persons so appointed certifying
under oath to their qualifications and filing same with the City
Cynthia Beaumont
Teresa Cunningham
BarCal Jones
Michael Norton
Joseph Usinski
Total 5
ADOPTED
NO. 115
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held
in the Common Council Chambers, 1P floor City Hall, Buffalo,
New York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, March 9, 2004 at 9:30
o'clock A.M.
Committee on Finance Tuesday, March 9,
2004 at 10: 00 o'clock A.M.
following Civil Service
Committee on Legislation Tuesday, March 9,
2004 at 2:00 o'clock P.M.
Committee on Comm. Dev. Wednesday, March
10, 2004 at 10:30 o'clock A.M.
Special Committees
Bi-National Bridge Thursday, March 4, 2004 at
2:00 o'clock P.M. in
Room 1417 City Hall
MBEC Monday, March 8, 2004 at 10:00 o'clock A.M. in
Room 1417 City Hall.
(Public Disclaimer): All meetings are subject to change and
cancellation by the respective Chairmen of Council
Committees. In the event that there is sufficient time viven for
notification, it will be provided. In addition, there may be
meetings set up whereby the City Clerk's Office is not made
aware, therefore, unless we receive notice from the respective
Chairmen, we can only make notification of what we are made
aware.
NO. 116
ADJOURNMENT