HomeMy WebLinkAbout04-0217
No.4
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
FEBRUARY 17, 2004
POLICE & FIRE PENSION
FEBRUARY 19,2004
SPECIAL SESSION
FEBRUARY 12, 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
Lot Size: 31' x 100'
Assessed Valuation: $3,200
COMMON COUNCIL 94 Chenango, 195' SE Massachusetts
CITY HALL - BUFFALO Lot Size: 28' x 100'
TUESDAY, FEBRUARY 17, 2004 Assessed Valuation: $2,200
AT 2:00 P.M. The Office of Strategic Planning, Division of Real Estate
has received a request to purchase the above captioned vacant
PRESENT – President Franczyk, and Council lots from Clinton Brown Associates, 2100 Rand Building,
Members Bonifacio, Coppola, Davis, Fisher, Fontana, Buffalo, New York 14203. They are in the process of
Golombek Griffin, Russell and Thompson - 9 purchasing and relocating their business to 80 Chenango
Street. 92 and 94 Chenango will be used for parking in
ABSENT – 0 conjunction with the business.
The Division of Permit and Inspection Services and the
On a motion by Mr. Coppola , seconded by Ms. Division of Collections have no objections to the sale. There are
Russell, the minutes of the stated meeting held on February 3, no building code violations, taxes or other liens owed to the City
2004 were approved. by the purchaser.
The Division of Real Estate has investigated the sale of similar
FROM THE MAYOR residential properties in the subject area. Sales prices range
from fifty cents (.50) to one dollar and fifty cents ($1.50), per
No. 1 square foot.
Name Michael D'Orazio The results of our negotiations are that we have agreed to a
Acting Commissioner of Fire sales price of six thousand dollars ($6,000), ninety cents (.90)
Effective upon the retirement of Calvin G. Worthy, please be per square foot, for the subject properties. Clinton Brown
advised that I have named Deputy Commissioner Michael Associates has also agreed to pay for the cost of the transfer
D'Orazio Acting Commissioner of Fire. Deputy Commissioner tax, recording fees and cost of the legal descriptions.
D'Orazio will serve in this capacity until such time as we Mr. Kevin T. McCarthy, Real Estate Broker, 236 Highland
complete the process for filling the position of Commissioner of Avenue, Buffalo, New York 14222 brought about this sale and
Fire. has requested a ten percent commission.
RECEIVED AND FILED I am recommending that Your Honorable Body approve the sale
of 92 and 94 Chenango Street in the amount of six thousand
FROM THE MAYOR - EXECUTIVE DEPARTMENT dollars ($6,000) to Clinton Brown Associates, of which six
hundred dollars ($600) will be paid for real estate commission
FROM THE OFFICE OF CITIZEN SERVICES to Mr. Kevin McCarthy. I am further recommending that the
Corporation Counsel prepare the necessary documents for the
No. 2 transfer of title and that the Mayor be authorized to execute the
Monthly report from the Division of Citizen same.
Services - January 2004 Mr. Coppola Moved:
Attached for your review is the monthly report for January That the above communication from the Office of Strategic
2004, from the Division of Citizen Services. Planning, Division of Real Estate, dated February 11, 2004, be
In order to analyze the calls, they were compared to service received and filed; and
calls from the last six months and the service calls from That the offer from Clinton Brown Associates, 2100 Rand
January 2003. Building, in the sum of six thousand dollars ($6,000.00) for the
Service calls increased in January 2004 from 1361 to 1,547, purchase of 92 and 94 Chenango Street, be and hereby are
but were less than the service request received in January accepted; and
2003 by 124. That the appraisal requested by the City of Buffalo shall be paid
There were typical seasonal drops in certain service categories, by the purchaser; and
due to the cold weather and snow, such as reductions in That the transfer tax, recording fees and cost of legal
requests for housing inspections, police calls, tree complaints, description shall be paid by the purchaser; and
garbage and refrigerator pick - ups and rodents, which is being That six hundred ($600.00) will be paid for real estate
replaced this month by snow plowing. commission to Kevin T. McCarthy, Real Estate Broker, 236
Increased calls were in user fee billings, since bills were mailed Highland Avenue; and
this month, and in broken totes and adjudication calls. That the Corporation Counsel be authorized to prepare the
Both the broken totes and adjudication calls were heavily necessary documents for the transfer of title and that the Mayor
influenced by weather conditions, which produced one of the be authorized to execute the same, in accordance with the
coldest January's on record and a month in which we had terms of sale upon which the offer was submitted.
measurable snowfall for 24 straight days. The cold weather and Passed
snow were factors in broken totes increasing from 127 in AYES - 9 - NOES - 0
December to 214 in January.
The increase in adjudication calls from 76 to 210, was primarily NO. 4
for unshoveled sidewalk complaints, which was heavily Result of Negotiations Lovejoy
publicized by the local paper and the local television stations. 1551 East Delavan, 31' E Erb
As always, I hope that this information is helpful. Lot Size: 128'x 120'
RECEIVED AND FILED Assessed Valuation: $15,400
1555 East Delavan, West Cor. East End
FROM THE OFFICE OF STRATEGIC PLANNING Lot Size: 63' x 82'
Assessed Valuation: $2,300
NO. 3 The Office of Strategic Planning, Division of Real Estate
Result of Negotiations has received a request to purchase the above captioned vacant
92 Chenango, 223.50' SE Massachusetts lots from Mr. Jack Manganello, Phoenix Frontier Inc., 100 Leroy
Street, Buffalo, New York 14214. They intend to build a That the city-owned property commonly known as 113 Eaton
residential home for six (6) individuals with developmental Street, is hereby designated as Homestead Property, and that
disabilities. They will operate and staff the facility twenty-four the Mayor be, and he hereby is authorized to execute a deed
(24) hours a day. transferring said property to Ms. Gloria A. Maxwell, residing at
The Division of Permit and Inspection Services and the 109 Eaton Street, for the amount of One Dollar ($1.00) and no
Division of Collections have no objections to the sale. There are more, and all costs of transfer, on the condition the property is
no building code violations, taxes or other liens owed to the City cleared and improved within six (6) months and maintained in a
by the purchaser. sanitary manner.
The Division of Real Estate has investigated the sale of similar Passed.
residential properties in the subject area. Sales prices range AYES - 9 - NOES - 0
from fifty cents (.50) to one dollar and twenty-five cents ($1.25),
per square toot. No. 6
The results of our negotiations are that we have agreed to a Transfer of Title
sales price of twenty thousand six hundred dollars ($20,600), Urban Homestead Program
one dollar ($1.00) per square foot, for the subject properties. 820 Fillmore Avenue
Phoenix Frontier Inc. has also agreed to pay for the cost of the (City-Owned Vacant Lot, 32'x
transfer tax, recording fees and cost of the legal descriptions. Irregular Rear to Wilson Street
I am recommending that Your Honorable Body approve the sale The Office of Strategic Planning, Division of Real Estate,
of 1551 and 1555 East Delavan Avenue in the amount of has surveyed the City owned vacant lot at 820 Fillmore Avenue,
twenty thousand six hundred dollars ($20,600) to Phoenix Buffalo, New York, parcel is 32'x irregular rear to Wilson Street;
Frontier. I am further recommending that the Corporation and it has been determined this parcel is inappropriate for
Counsel prepare the necessary documents for the transfer of either the construction of new housing or needed for public
title and that the Mayor be authorized to execute the same. purpose.
Mr. Coppola Moved: Mr. Wilbert L. Martin at 818 Fillmore Avenue, Buffalo, New
That the above communication from the Office of Strategic York 14212 has indicated he will clean, improve and maintain
Planning, Division of Real Estate, dated February 11, 2004, be the lot at 820 Fillmore Avenue in the event he obtains title to the
received and filed; and property under the Urban Homestead Program.
That the offer from Jack Manganello, of Phoenix Frontier Inc., The Department of Permit and Inspection Services and the
100 Leroy Street, in the sum of twenty thousand and six Division of Collections have been contacted. There are no
hundred dollars ($20,600.00) for the purchase of 1551 and property code violations, taxes or other liens owed to the City of
1555 East Delavan Avenue, be and hereby are accepted; and Buffalo by the homesteader.
That the appraisal requested by the City of Buffalo shall be paid We, therefore, recommend the City-owned vacant lot be
by the purchaser; and designated as a Homestead Property and be transferred to Mr.
That the transfer tax, recording fees and cost of legal Wilbert L. Martin on the condition the property is cleaned and
description shall be paid by the purchaser; and improved within six (6) months and maintained in a sanitary
That the Corporation Counsel be authorized to prepare the manner.
necessary documents for the transfer of title and that the Mayor Mr. Coppola Moved:
be authorized to execute the same, in accordance with the That the above communication from the Office of Strategic
terms of sale upon which the offer was submitted. Planning dated February 12, 2004, be received and filed; and
Passed That the city-owned property commonly known as 820 Fillmore
AYES - 9 - NOES - 0 Avenue, is hereby designated as Homestead Property, and that
the Mayor be, and he hereby is authorized to execute a deed
No. 5 transferring said property to Mr. Wilbert L. Martin, residing at
Transfer of Title 818 Fillmore Avenue, for the amount of One Dollar ($1.00) and
Urban Homestead Program no more, and all costs of transfer, on the condition the property
113 Eaton, (City Owned-Vacant is cleared and improved within six (6) months and maintained
Lot, 36' x 135') in a sanitary manner.
The Office of Strategic Planning has surveyed the Passed.
city-owned vacant lot at 113 Eaton Street, Buffalo, New York, AYES - 9 - NOES - 0
parcel is36'x 135' in dimension; and it has been determined this
parcel is inappropriate for either the construction of new No. 7
housing or needed for any public purpose. Transfer of Title
Ms. Gloria A. Maxwell residing at 109 Eaton Street, Buffalo, Urban Homestead Program
New York 14208 indicated she will clean, improve and maintain 107 Rodney (City Owned-Vacant
the lot in the event she obtains title to the property under the Lot,30'x115') (Masten)
Urban Homestead Program. The Office of Strategic Planning has surveyed the
The Division of Permit and Inspection Services and the city-owned vacant lot at 107 Rodney Street, Buffalo, New York,
Division of Collections have been contacted. There are no parcel is30'x 115' in dimension; and it has been determined this
property code violations, taxes or other liens owed to the City of parcel is inappropriate for either the construction of new
Buffalo by the homesteader. housing or needed for any public purpose.
We, therefore, recommend the city-owned vacant lot be Ms. Esther Hunter Jones residing at 113 Rodney Street,
designated as a Homestead Property and be transferred to Ms. Buffalo, New York 14214 indicated she will clean, improve and
Gloria A. Maxwell on the condition the property is cleaned and maintain the lot in the event she obtains title to the property
improved within (6) months and maintained in a sanitary under the Urban Homestead Program.
manner. The Division of Permit and Inspection Services and the
Mr. Coppola Moved: Division of Collections have been contacted. There are no
That the above communication from the Office of Strategic property code violations, taxes or other liens owed to the City of
Planning dated February 11, 2004, be received and filed; and Buffalo by the homesteader.
We, therefore, recommend the city-owned vacant lot be
designated as a Homestead Property and be transferred to Ms. No. 9
Esther Hunter Jones on the condition the property is cleaned Certificate of Necessity
and improved within (6) months and maintained in a sanitary Transfer of Funds
manner. Parking Board
Mr. Coppola Moved: We, Anthony M. Masiello, Mayor and Andrew SanFilippo,
That the above communication from the Office of Strategic Comptroller, do hereby certify, pursuant to §20-12 of the
Planning dated February 11, 2004, be received and filed; and Charter, that it is necessary that the sum of $324,725.47 be
That the city-owned property commonly known as 107 Rodney transferred and reappropriated from the Maintenance and Debt
Street, is hereby designated as Homestead Property, and that Service Reserve Capital Reserve Account, as set forth below:
the Mayor be, and he hereby is authorized to execute a deed From:
transferring said property to Ms. Esther Hunter, residing at 113 51008207-470010
Rodney Street, for the amount of One Dollar ($ 1.00) and no the Maintenance and Debt Service Reserve Capital Reserve
more, and all costs of transfer, on the condition the property is
cleared and improved within six (6) months and maintained in a $324,725.47
sanitary manner. To:
Passed, 51019046-445100 Adam Expansion
AYES - 9 - NOES - 0 $116,932.78
51019036-445100 Augsburger Expansion
No. 8 $207,792.69
Transfer of Property to REFERRED TO THE COMMITTEE ON FINANCE
Buffalo Municipal Housing Authority
(BMHA) - HOPE VI Area (Niagara) NO. 10
Item # 153, C.C.P. April 30,2002 Certificate of Necessity
Item #220, C.C.P. December 9, 2003 Capital Budget Amendment
In the above referenced item Your Honorable Body approved Authorization for Additional Capital Indebtedness
the sale and transfer of city-owned parcels, in the Hope VI We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo,
project area, to the Buffalo Municipal Housing Authority. The Comptroller, do hereby certify, pursuant to §20-28 of the
sale and transfers were conditional upon satisfactory Charter, that it is necessary to authorize an increase in
environmental and appraisal review by the BMHA. Your indebtedness for Capital Projects Program, provided by the
authorization also approved the substitution of other city-owned Common Council prior to January 1, 2004 for the ensuing fiscal
properties in the Hope VI project area in the event any of the year, by adding the following item:
parcels were deemed unsuitable after environmental review. Capital Projects - Public Works - Engineering
The BMHA has submitted a new list of sixty-nine (69) parcels 363222106 - North Jefferson Library
(attached) which consist of parcels from the old list and parcels $500,000
recently acquired by the City of Buffalo through tax foreclosure. RECEIVED AND FILED
These sixty-nine (69) parcels will be acquired for the
construction of low to moderate home assisted units. FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS
The sale prices of these sixty-nine (69) parcels have been AND STREETS
established by appraisal or will be sold at their current
assessed valuation. The considerations (sales prices) will be NO. 11
received as cash or the City of Buffalo will receive an offset Notification Serial #9922
against any outstanding dollar obligations remaining under the Install No Parking on
Comer vs Cisneros Settlement and its amendments. Should North Ogden Street, west side
any parcel be deemed unsuitable, the City will substitute any between Reiman Street and
parcel in the Hope VI area owned by it for a parcel of equal a point 490 feet north therefrom
value. Lovejoy District
I am recommending that Your Honorable Body authorize the NO PARKING - INSTALL
sale and transfer of the attached list of properties to the Buffalo In conformity with Section 49 of Chapter 479 of the Ordinances
Municipal Housing Authority upon the above terms and of the City of Buffalo, the City Engineer hereby notifies Your
conditions. I am further recommending that the Corporation Honorable Body of this action supplementing, amending, or
Counsel prepare the necessary documents for the transfer of repealing existing provisions of Chapter 479 of the Ordinances,
title and that the Mayor be authorized to execute the same. as stated below, to be effective forty five days after the first
Mr. Coppola Moved: Council meeting at which they appear on the agenda as an item
That the above communication from the Office of Strategic business.
Planning, Division of Real Estate, dated February 13, 2004, be That part of Subdivision 24 Section 15 of Chapter 479 of
received and filed; and Ordinances of the City of Buffalo be supplemented by adding
That the Director of Strategic Planning be, and he hereby is thereto the following: NO PARKING
authorized to transfer city-owned parcels, in the HOPE VI Area, PROHIBITED PORTION OF HIGHWAY
as listed on the new list attached to the above communication, North Ogden Street, west side between Reiman Street and a
to the Buffalo Municipal Housing Authority; and point 490 feet north therefrom
That the Corporation Counsel be authorized to prepare the PROHIBITED PERIOD
necessary documents for the transfer of title and that the Mayor At all times
be authorized to execute the same, in accordance with the This action is being taken at the request of the District Council
terms of sale upon which the offer was submitted. Member in order to alleviate problems caused by parking on
Passed this section of North Ogden Street.
AYES - 9 - NOES - 0 Notification Serial #9923
Install No Standing
FROM THE COMPTROLLER on Pearl Street, east side
between a point 169 feet north of West Chippewa Street Rate D $2.00 per day
and a point 96 feet north therefrom This action is being taken in conjunction with the Downtown
Ellicott District Buffalo Parking Infrastructure Task Force study to provide
NO STANDING - INSTALL more user friendly on-street parking in Downtown Buffalo.
In conformity with Section 49 of Chapter 479 of the Ordinances Notification Serial # 9926
of the City of Buffalo, the City Engineer hereby notifies Your Permissive Parking - Install
Honorable Body of this action supplementing, amending, or on Franklin Street, west side
repealing existing provisions of Chapter 479 of the Ordinances, between Edward Street and
as stated below, to be effective forty five days after the first W. Tupper Street (excluding existing
Council meeting at which they appear on the agenda as an item No Parking and No Standing areas)
business. (Ellicott)
That part of Subdivision 22 Section 15 of Chapter 479 of PERMISSIVE PARKING - INSTALL
Ordinances of the City of Buffalo be supplemented by adding In conformity with Section 49 of Chapter 479 of the Ordinances
thereto the following: NO STANDING of the City of Buffalo, the City Engineer hereby notifies Your
PROHIBITED PORTION OF HIGHWAY Pearl Street, east Honorable Body of this action supplementing, amending, or
side between a point 169 feet north of West Chippewa Street repealing existing provisions of Chapter 479 of the Ordinances,
and a point 96 feet north therefrom as stated below, to be effective forty five days after the first
PROHIBITED PERIOD Council meeting at which they appear on the agenda as an item
At all times business.
This action is being taken at the request of the B District Police That part of Subdivision 25 Section 15 of Chapter 479 of
Chief to provide safer exiting from the City Centre driveway and Ordinances of the City of Buffalo be supplemented by adding
will not adversely affect on-street parking. thereto the following: PERMISSIVE PARKING
Notification Serial # 9924 PERMISSIVE PARKING LOCATION
Install Handicapped Parking Franklin Street, west side between Edward Street and W.
604 and 606 Washington Street Tupper Street (excluding existing No Parking and No Standing
(Ellicott) areas)
HANDICAPPED PARKING - INSTALL PERIOD OF PERMISSIVE PARKING - DAILY
In conformity with Section 49 of Chapter 479 of the Ordinances 2 Hour Parking 9:00 am to 5:00 pm Except Sunday
of the City of Buffalo, the City Engineer hereby notifies Your This action is being taken in conjunction with the Downtown
Honorable Body of this action supplementing, amending, or Buffalo Parking Infrastructure Task Force study to provide
repealing existing provisions of Chapter 479 of the Ordinances, more user
as stated below, to be effective forty five days after the first friendly on-street parking in Downtown Buffalo.
Council meeting at which they appear on the agenda as an item #9923 TO LEGISLATION (WAIVE 45 DAYS)
business. #9922, 9924-9926 RECEIVED AND FILED
That part of Subdivision 26 Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding NO. 12
thereto the following: HANDICAPPED PARKING Audit of Utility Bills
HANDICAPPED PARKING LOCATION #146 of 4/1/03 and #17 of 12/9/03
Parking Meter Number 604 and 606 Washington Street The referenced item was sent to this department for
PERIOD OF HANDICAPPED PARKING comment.
At all times This department is currently working with Niagara Mohawk to
This action is being taken in order to provide on street develop an accurate inventory of our street lighting system and
Handicapped metered parking on Washington Street near our traffic signals. Realizing that these two components area
Market Arcade as requested by Buffalo Place. significant part of our electric consumption, we plan to wait until
Notification Serial # 9925 these inventories are completed before we issue an RFP for an
Repeal Metered Parking on audit of our billings.
Franklin Street, west side We are also conducting an inventory and review of
between Edward Street and consumption and billings of our district heating plant. Once this
W. Tupper Street (excluding existing review is completed we will also issue an RFP for an audit of
No Parking and No Standing areas) our gas utilities.
(Ellicott) Over the past several years, we had several discussions with
METERED PARKING - REPEAL firms interested in auditing our telephone bills. After review of
In conformity with Section 49 of Chapter 479 of the Ordinances our bills none of these firms were willing to enter into an
of the City of Buffalo, the City Engineer hereby notifies Your agreement to audit our bills. We are prepared however, to talk
Honorable Body of this action supplementing, amending, or to any other firm who expresses interest.
repealing existing provisions of Chapter 479 of the Ordinances, REFERRED TO THE COMMITTEE ON FINANCE
as stated below, to be effective forty five days after the first
Council meeting at which they appear on the agenda as an item No. 13
business. Report of Bids
That part of Subdivision 29 Section 15 of Chapter 479 of Buffalo & Erie County Historical Society
Ordinances of the City of Buffalo be supplemented by repealing Limited Asbestos Abatement Project
therefrom the following: METERED PARKING Job No. 0402
Metered Parking Locations North District
Franklin Street, west side between Edward Street and W. I advertised on January 22, 2004 and received the following
Tupper Street (excluding existing No Parking and No Standing formal bids for the Buffalo and Erie County Historical Society,
areas) Limited Asbestos Abatement Project, which were publicly
Period of Metered Parking opened and read on February 11,2004.
8 Hour Parking 9:00 am to 5:00 pm Except Sunday Frontier Insulation Contractors, Inc. $19,355.00
Rate of Metered Parking 2101 Kenmore, Buffalo, NY
Fibertech Environmental Services $21,250.00 Infrastructure Improvements
257 Elmwood, Buffalo, NY (South)
MCS Remedial Services $22,700.00 I hereby request that Your Honorable Body authorize a
3907 N Buffalo Rd, Orchard Park, NY transfer of CDBG funds in the amount of $100,000 from
Arric Corporation $32,000.00 CDBG Account #27-04200 to our Capital Account #35310806
5033 Transit, Depew, NY for partial funding of the Seneca-Cazenovia Infrastructure
Metro Environmental $42,355.00 Demonstration Project. (See attached BURA Item 3c of
2939 Lockport Rd., Niagara Falls, NY February 12, 2004.)
Peerless Environmental $46,200.00 Mr. Coppola Moved : That the above communication from the
P 0 Box 570, Orchard Park, NY Commissioner of Public Works, Parks and Streets dated
I hereby certify that the foregoing is a true and correct February 17, 2004, be received and filed; and
statement of all bids received and that Frontier Insulation That the Common Council approve the transfer of Community
Contractors, Inc., with a bid of Nineteen Thousand Three Development Block Grant funds in the amount of $ 100,000
Hundred Fifty Five and 00/100 Dollars ($19,355.00), is the from CDBG Account #27-04200 to the Department of Public
lowest responsible bidder in accordance with the plans and Works, Parks and Streets Capital Account #35310806 for
specifications. partial funding of the Seneca-Cazenovia Infrastructure
I recommend that Your Honorable Body authorize the Demonstration Project.
Commissioner of Public Works, Parks & Streets to order the Passed.
work on the basis of the low bids. Funds for this project are AYES - 9 - NOES - 0
available in the 34320406 445100 -Buildings.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 16
BOND CANCELLATION,
NO. 14
100 HIGH STREET
Report of Bids
ELLICOTT DISTRICT
New North Jefferson Library
ITEM NO. 112, C.CY. 5/27/58
HVAC Only
It is hereby certified that the bond described below be
Job No. 0324
cancelled:
Masten District
Principal: The Buffalo General Hospital
I advertised on January 6, 2004 and received the following
Surety: The Fidelity and Casualty Company of New York
formal bids for the Construction of the New North Jefferson
Amount: $5,000.00
Library, HVAC Only, Job No. 0324, which were publicly opened
Structure Two (2) 2055 gallon fuel oil tanks as per CCP4 112
and read on January 27, 2004.
of May 27. 1958
W. C. Roberson $ 599,500.00
Location:100 High Street on Goodrich
602 E Delavan, Buffalo, NY
This bond is no longer necessary due to the fact the
R P Mechanical $ 604,604.00
encroachments have been removed. The above captioned bond
7165 Genesee, Springville, NY
should be deemed released and cancelled as to future liability
J. W. Danforth Co. $ 619,900.00
in accordance with the provisions of the City Ordinances.
2100 Colvin, Tonawanda, NY
Mr. Coppola moved:
Quackenbush Co., Inc. $ 628,000.00
That the above communication from the Commissioner of
495 Kennedy, Buffalo, NY
Public Works dated
Cayuga Piping $ 639,800.00
February 11, 2004 be received and filed; and
3704 Lockport, Niagara Falls, NY
That the Commissioner of Public Works, Parks & Streets be,
I hereby certify that the foregoing is a true and correct
and he hereby is authorized to cancel the above described
statement of all bids received and that W. C. Roberson
bond with Buffalo General Hospital in the amount of $5,000.00
Plumbing & Construction Corp., with a bid of Five Hundred
for 100 High Street on Goodrich.
Ninety Nine Thousand Five Hundred and 00/100 Dollars
PASSED
($599,500.00), is the lowest responsible bidder in accordance
AYES - 9 NOES - 0
with the plans and specifications.
I recommend that Your Honorable Body authorize the
NO. 17
Commissioner of Public Works, Parks & Streets to order the
CHANGE IN CONTRACT
work on the basis of the low bids. Funds for this project are
CITY HALL
available in the Division of Building's Capital Accounts.
ELEVATOR MODERN IZATION-LOW RISE
Mr. Coppola Moved:
JOB NO. 0326
That the above communication from the Commissioner of
ELLICOTT DISTRICT
Public Works, Parks and Streets dated January 30, 2003, be
I hereby submit to Your Honorable Body the following
received and filed; and
changes for Job No. 0326, City Hall, Elevator Modernization,
That the Commissioner of Public Works, Parks and Streets,
Low Rise, DCB Elevator Co., Inc., C #92010806.
be, and he hereby is authorized to award a contract for the New
1. After testing armatures and field coils in elevators PE1, PE2
North Jefferson Library, HVAC Only, Job No, 0324, to W. C.
and PE5, four (4) field coils require replacement in PE2 and
Roberson Plumbing & Construction Corp., the lowest
PE5, and a complete rewind is needed in PE1 due to shorted
responsible bidder, in the amount of $599,500.00. Funds for
windings.
the project are available in Division of Building's Capital
Add $ 26,389.00
Accounts.
The foregoing change results in a net increase in the contract
Passed.
of Twenty Six Thousand Three Hundred Eighty Nine and
AYES - 9 - NOES - 0
00/100 Dollars ($26,389.00).
Summary: Current Contract Amount $897,127.50
No. 15
Amount of This Change Order (#2) Add $ 26,389.00
Block Grant Fund Transfer
Revised Contract Amount $923,516.5
Seneca-Cazenovia
Costs have been reviewed by the Consulting Architect #71 OF 10/28/03
(DiDonato Associates) and the Department o Public Works, The referenced item was referred to this department for
Parks & Streets and were found to be fair and equitable. Funds comment.
for this work are available in 36322206 445100 - Division of We have inspected the damaged sidewalk and have placed this
Buildings. location on our repair list for this spring.
I request that Your Honorable Body authorize the RECEIVED AND FILED
Commissioner of Public Works, Parks & Streets to issue a
change order to the contractor as set forth above. NO. 20
Mr. Coppola Moved: FEASIBILITY STUDY
That the above communication from the Commissioner of MICHIGAN AVE. BRIDGE
Public Works, Parks and Streets dated January 29, 2004, be ITEM # 132 OF CCP 2/3/04
received and filed; and This is in response to the subject item, which was previously
That the Commissioner of Public Works, Parks and Streets be, filed in the form of a resolution and submitted to our department
and he hereby is authorized to issue change order No. 2, to for comment.
DC13 Elevator Co., Inc., an increase in the amount of As I'm sure Your Honorable Body is aware, the idea of a bridge
$26,389.00, as more fully described in the above linking the inner and outer harbor has been an issue for longer
communication, for work relating to Job No. 0326, City Hall, then a decade. In the late 1990's our department utilized
Elevator Modernization, Low Rise, C #92010806. Funds for planning funds to study the design and construction of a bridge
this project are available in CPF 36322206 445 100 - Division over the Buffalo River to the Outer Harbor. This study
of Buildings. examined (5) locations as follows:
PASSED Erie St.
AYES - 9 NOES - 0 Pearl St.
Foot of Main St.
NO. 18 Michigan St.
CHANGE IN CONTRACT Ganson St.
CITY HALL Since the removal of the Michigan Ave. Bridge in the late
STAIR TOWER & FIRE PROTECTION 1950's the downtown area has been left with limited access to
JOB NO. 0264 the Outer Harbor. Attached is a basic location map of the (5)
ELLICOTT DISTRICT locations and an excerpt from the report regarding the
I hereby submit to Your Honorable Body the following Michigan Ave. location.
changes for Job No. 0264, City Hall, Stair Tower & Fire In addition to the attachment, it should be noted that a bridge
Protection System Modifications, New Era Construction, C at this location would be for low speed (30 MPH), local access
#92010647. only and not be intended to replace the Skyway and or Route
1. Deduct for liquidated damages. (5) as arterial or expressway connectors. Also a bridge at this
Deduct $ 6,700.00 location would have the shortest span (1110') and lowest
The foregoing change results in a net decrease in the contract construction costs of the alternatives examined. Cost
of Six Thousand Seven Hundred and 00/100 Dollars estimates in the report were estimated at roughly $30 million
($6,700.00). (1998). For costs comparison the cost of the Erie St. crossing
Summary: Current Contract Amount $180,568.80 is estimated at $65 million (1998) and the estimate of the Pearl
Amount of This Change Order (#3) Deduct $ 6,700.00 St. Bridge is $91 million (11998).
Revised Contract Amount $173,868.8 REFERRED TO THE COMMITTEE ON COMMUNITY
Costs have been reviewed by the Consulting Architect DEVELOPMENT
(DiDonato Associates) and the Department o Public Works,
Parks & Streets and were found to be fair and equitable. Funds NO. 21
for this work are to b credited to 36322206 445100 - Division of PARKING LOT
Buildings. HOLY FAMILY CHURCH
I request that Your Honorable Body authorize the MUNGOVAN PARK
Commissioner of Public Works, Parks & Streets to issue a SOUTH DISTRICT
change order to the contractor as set forth above. With the approval of Holy Family Church, many users of
Mr. Coppola Moved: Mungovan Park utilize the Church's parking lot, which is
That the above communication from the Commissioner of adjacent to the park at Tifft and South Park.
Public Works, Parks and This past summer the former South District Councilmember
Streets dated January 29, 2004, be received and filed; and asked this department to work with representatives of Holy
Mr. Coppola Moved Family to repave their parking lot. After negotiations, we agreed
That the Commissioner of Public Works, Parks and Streets be, that the church would pay for all labor, equipment and one-half
and he hereby is authorized to issue change order No. 3, to of the material used. The City would then pa) for the other half
New Era Construction, a decrease in the amount of $6,700.00, of material.
as more fully described in the above communication, for work Through its contract with the City, Buffalo Crushed Stone, Inc.
relating to City Hall, Stair Tower & Fire Protection System provided 312.33 tons of asphalt as the City's share of the
Modifications, Job No. 0264, C #92010647. Funds for this materials. The cost of this asphalt was $9,226.26.
project should be credited to CPF 36322206 445 100 - Division I respectfully request that the Common Council authorize the
of Buildings. Comptroller to pay Buffalo Crushed Stone, Inc. the amount of
PASSED $9,226.26 for asphalt used for this purpose.
AYES - 9 NOES - 0 REFERRED TO THE COMMITTEE ON FINANCE
NO. 19 FROM THE COMMISSIONER OF POLICE
E. PERRY - REPAIR OF DAMAGED SIDEWALK
CAUSED BY COB FIRE DEPT, TRUCK NO. 22
ELLICOTT DISTRICT PAGE I - DRUG ASSET FORFEITURE CHECKS RECEIVED
8155-00119386 C2-03-0043 $ 2,361.74 CERTIFICATE OF APPOINTMENT
C2-03-006 643.88 Appointment Effective January 27, 2004, in the Department
C2-03-00 1,262.74 of Police
C2-03-0132 3,549.25 Division of Police to the Position of Chief Provisional Exempt at
C2-03-0134 2,073.25 the Flat Starting Salary of $ 84,771
8155-00119394 C2-03-0136 549.25 Patrick Reichmuth, 31 Ashley Drive, West Seneca, NY 14224
C2-03-0136 637.88
C2-03-0137 921.85 FROM THE CORPORATION COUNSEL
C2-03-0157 3,305.65 NO. 25
8155-00119446 C2-03-0042 5,589.14 PARKING METER ADVERTISING
C2-03-0153 1,724.50 AGREEMENT
8155-00119465 C2-00-0024 1,607.83 I have attached a proposed Agreement between the City of
8155-00119261 C2-03-0117 1,135.28 Buffalo and Park Place Media, LLC regarding parking meter
8155-00119270 C2-03-0126 21,021.69 advertisement.
C2-02-0152 8,738.90 This agreement was negotiated by the Division of Parking
SUB-TOTAL $55,122.83 Enforcement with the assistance of the Law Department after
The above referenced property has been administratively an RF? process.
forfeited by the Drug Enforcement Administration. Your permission is sought to authorize the Director of Parking
(DEA). The checks were received by this Department and duly Enforcement to sign the Agreement.
deposited in the Trust & Agency Account,#2001000 REFERRED TO THE COMMITTEE ON FINANCE
389001. These funds will be placed into one or more of the
following accounts as deemed by the Commissioner NO. 26
Police: REQUEST NIAGARA FRONTIER
Educational Training/Seminar, Confidential Funds, Materials TRANSPORTATION AUTHORITY TO
and Supplies, Firearms and Weapons, Communications a] RETURN WATERFRONT PROPERTY
Computers, Electrical Surveillance, Purchase of Services, (ITEM NO. 133, C.C.P., 2/4/04)
Improvements, Vehicles, Operating Equipment A resolution requesting that the Corporation Counsel advise
If you have any questions regarding the above mentioned, your Honorable Body as to what the appropriate process is for
please contact Chief Edward Hempling at 851-5181. the City of Buffalo to take control of the land along the Lake
PAGE 2 - DRUG ASSET FORFEITURE CHECKS Erie shoreline is before the Community Development
RECEIVED Committee. The complex issues involved require further
8155-00119178 C2-01-0092 72.74 research and investigation by this Department. We will report
C2-03-0054 597.85 back to the Common Council after review of this situation.
C2-02-0152 2,791.54 REFERRED TO THE COMMITTEE ON COMMUNITY
C2-03-0083 1,224.08 DEVELOPMENT
C2-03-0101 1,483.88
C2-03-0116 1,203.25 NO. 27
C2-03-0119 620.05 TERM LIMITS - REFERENDUM
C2-03-01 627.85 At the Legislation Committee on February 10, 2004, a
8155-00119241 C2-9 I -ZOO 1 3,958.00 request was made that the office of the Corporation Counsel
8155-00119529 C2-03-0058 219.70 take a second look at its previously issued opinion to the effect
8155-00119548 245D-BF-33452 36.63 that the proposed local laws mandating various term limits on
SUB-TOTAL FROM PAGE 2 $12,835.57 the offices of Mayor, Common Council and the Comptroller do
SUB-TOTAL FROM PAGE 1 55,122.83 not require a referendum.
TOTAL DEPOSIT 67,958.40 City Home Rule Law provides in pertinent part that a local law
The above referenced property has been administratively shall be subject to a mandatory referendum if it "changes the
forfeited by the Drug Enforcement Administration. (DEA). The term of and elective office." City Home Rule Law § 15(4).
checks were received by this Department and duly deposited in The Fourth Judicial Department has determined that term limit
the Trust & Agency Account #20010000-389001. These funds proposals do not change the "term of an elective offic6" within
will be placed into one or more of the following accounts as the meaning of the City Home Rule Law. Benzow v. Coolgy, 12
deemed by the Commissioner of Police: A.D.2d 162, 209 N.Y.S. 2d 364 (4h Dept. 1961) Affd, 9 N.Y.2d
Educational Training/Seminar, Confidential Funds, Materials 888. The case involved an attempt to force the City to put a
and Supplies, Firearms and Weapons, Communications a local law on a referendum ballot that would have limited the
Computers, Electrical Surveillance, Purchase of Services, Mayor's term to one term C'Any Mayor elected as such under
Improvements, Vehicles, Operating Equipment this act for a full term of four years shall be ineligible for the
If you have any questions regarding the above mentioned, next term after the termination of his office"). The Court
please contact Chief Edward Hempling at 851-518 1. reasoned that a term limit law does not change the term of the
REFERRED TO THE COMMITTEE ON FINANCE elective office because the term remains at four years (i.e. the
Mayor's term is four years and the proposed local law did not
NO. 23 change that four year term).
CERTIFICATE OF APPOINTMENT The holding of that Court case was more recently reviewed by
Appointment Effective: January 27, 2004 in the Department the Office of the Attorney General in 1983 and 1995. Those
of Police opinions confirmed that the prior Court holding remained an
Division of: Police to the Position of: Captain, Contingent accurate statement of the law and concluded that a local
Permanent government is authorized to enact a local law limiting the
Promotion at the Flat Starting Salary of: $ 75,223 number of consecutive terms that an elected officer may serve
Anthony J. Barba,310 Commonwealth Ave, Buffalo, NY 14216 and that such a local law is not subject to a referendum.
NO. 24
We have attached the authority identified in this communication WBE currently on our bid list:
and are available to answer any questions regarding this 753 Broadway
matter. Buffalo Sheet Metal Inc.
REFERRED TO THE COMMITTEE ON LEGISLATION Fleet Maintenance-Contract awarded for brake parts last year
M.I.S.S. Enterprises Unlimited
FROM THE COMMISSIONER OF PERMIT & INSPECTION Quality Bindery Services-Awarded informal bid
SERVICES Upstate Steel, Inc.
Write Woman Computer Products
NO. 28 Eliza Co-Awarded Informal bids
REFUND OF CERTIFICATE OF OCCUPANCY FEE-241 Corr Distributor-Formal Contract Awarded Janitorial products
WEST UTICA Dobmeier Janitorial-Informal Bids/price agreements
This letter is to inform you that you are entitled to a refund of Max Brock-Informal Scrap Contract
the Certificate of Occupancy fee that was paid on 12/08/2003. Buffalo Medical Supply
This refund is due to you because you had a Certificate of MBE currently on our bid list:
Occupancy issued for this property on 6/19/2003 and will not Burgin Blacktop & Concrete
have to be renewed until 6/2008. Dynamic Chemicals
You need to write a letter requesting this refund to the City Frontier Chevrolet, Inc.
Clerk's office Room 1308 City Hall Buffalo NY 14202. Oneida Sales & Service
Enclosed is a copy of our report that you had paid the fee. Any Uzo I International -Informal bids
other information that they may need can be requested through
Parkside Computing
our office at 851-4934. If you should have any questions please
REFERRED TO THE MINORITY BUSINESS ENTERPRISE
feel free to call.
COMMITTEE
RECEIVED AND FILED
NO. 31
NO. 29
CITY/COUNTY MERGER OF PUBLIC WORKS AND
USED CAR DEALER
DISPATCHERS
878 BAILEY (FILLMORE)
ITEM 155 C.C.P. JANUARY 20, 2004
Pursuant to Chapter 254 of the City of Buffalo Ordinances,
Members of the City administration have been working with
please be advised that I have examined the attached
County officials on proposals to merge Public Works and
application for a Used Car Dealer License located at 878 Bailey
police and fire dispatch functions. Public Works merger
and find that as to form is correct. I have caused an
discussions have taken place under the auspices of the BFSA.
investigation into the premises for which said application for a
Chairman Baker has convened a City/County working group to
used car dealer license is being sought and according to the
work on the issues involved with merging public works with the
attached reports from the Zoning Office, Fire Department and
County. At this time there are no details to share but a proposal
Building Inspections, I find it complies with all regulations and
from the County is expected shortly.
other applicable laws. I have caused an investigation by the
Police and Fire dispatch merger proposals have been
Police Department into the moral character of Jim Ford. The
forwarded to the federal government for review and hopefully
attached thereto for Jim Ford d/b/a Ford LTD. This request is
approval under the Homeland Security Grant. If the federal
submitted for your approval or whatever action you deem
government deems interoperable communications an eligible
appropriate.
use of Homeland Security Funds then the City and County
REFERRED TO THE COMMITTEE ON LEGISLATION
intend to use $2.255 million of the 2003 grant and $2.255 of
2004 grant to merger police and fire dispatch functions with the
FROM THE COMMISSIONER OF ADMINISTRATION AND
County's dispatch and call-taking operations. These funds
FINANCE
would be used to pay for training and mentoring of dispatchers,
offsetting the City's cost for dispatch personnel.
NO. 30
REFERRED TO THE COMMITTEE ON LEGISLATION
RESPONSE TO ITEM #58 C.C.P. I I - 12-02
"A.THOMPSON-SUMM. OF ARTICLE 15-A O
NO. 32
EXEC. LAW-DIV. OF MIN./WOM. BUS. DEV.
CONTRACT APPROVAL
ITEM#58C.C.P.11-12-02
ELECTRONIC TICKET WRITER SYSTEM
As per your request of February 3, 2004 list below is a list of
Department of Administration and Finance is requesting
vendors that are either MBE or MWE certified businesses the
approval of the contract for the Electronic Ticket Writer System
Purchase Division currently solicits business from. The
provided by EZ Tag Parking Enforcement Solutions. EZ Tag
Division of Purchase encourages both MBE and M'V
was the low bidder on the Request for Proposal (RFP)
participation. This past spring our office participated in a
submitted by General Services. The lease price to be paid by
conference that was held at the Hyatt Regency whereby
Buffalo to EZ Tag in full consideration for the lease of
various business and government representative gathered to
equipment, software and services the sum of thirty-two cents
meet with potential vendors that were MBE, MWE, and SBE. 'I
($0.32) per ticket ("Ticket") . The yearly appropriation for this
City of Buffalo distributed vendor applications to those
contract will be sixty thousand dollars ($609000.00).
interested in doing business and remained available to offer a
Mr. Coppola Moved:
assistance. We participate in events in the community to
That the above communication from the Division of Parking
encourage future business and growth. Most of those listed the
Enforcement dated February 12, 2004, be received and filed;
updated 2004 Erie County/City of Buffalo Joint Certification
and
Program would fall under the scope of Service Contract
That the Commissioner of Administration and Finance be, and
Service Contracts fall under the individual department requiring
he hereby is authorized to award a contract for the Electronic
the service. The vast majority of contracts (construction
Ticket Writer System, to EZ Tag, the lowest responsible
service) would be under the Department of Public Works or
bidder, in the amount of thirty-two cents (SO.32) per ticket in
Community Development. The Division of Purchase also I
several local small businesses that we solicit bids from.
an amount not to exceed sixty thousand dollars ($60,000) 334 Abbott Rd Molly Mcguires Molly
yearly. McGuires
PASSED 1239 Niagara St 1239 Niagara St Hector Mejia
AYES – BONIFACIO, COPPOLA, DAVIS, FONTANA, RECEIVED AND FILED
FRANCZYK, GOLOMBEK, RUSSELL, THOMPSON – 8
NOES – GRIFFIN - 1 No. 37
Leaves of Absence Without Pay
NO. 33 I transmit herewith notifications received by me, reporting the
TAX INCREMENT FINANCE DISTRICT granting of the leaves of absence without pay, in the various
ITEM # 11, C.C.P. 01/06/2004 departments as listed:
I am familiar with the Dr. Taylor's report having worked at the Public Works, Streets & Parks- Brian Peterson, Deborah
School of Architecture and Design, Planning Division during its Kader, Kevin Vance
development. I believe the report raises some interesting Corporation Counsel-Karen Curtin, Darryl McPhearson
theories and issues making it quite thought provoking. RECEIVED AND FILED.
Generally, the problem with tax increment financing schemes in
Buffalo has been that there is no tax increment generated by No. 38
development. Most projects of the size of the one being Notices of Appointments - Council Interns
proposed carry long-term tax abatements with them. I transmit herewith appointments to the position of Council
Consequently, there is no increment to re-use. Presumably, Dr. Intern.
Taylor's TIF would be locally controlled and funded at least in Mr. Coppola moved the approval of the appointments to the
part with City General Obligation debt. This should enable the position of Council Intern.
City to control the increment but the question remains whether ADOPTED.
the City will have the capacity to incur the debt. Certificate of Appointment
REFERRED TO THE COMMITTEE ON COMMUNITY Appointment Effective- February 3, 2004 in the Department of
DEVELOPMENT Common Council to the Position of Intern I Seasonal
Non-Competitive at the: Flat Starting Salary of: $ 7.00
FROM THE CITY CLERK Alonzo Barnes 511 Cambridge Avenue Buffalo, New York
NO. 34 14215
1/1/76 INAUGURAL ADDRESS BY CP DELMAR L. Joel D. Tucks 417 Wyoming Avenue Buffalo, New York 14215
MITCHELL Alvin Thomas 22 Mapleridge Avenue Buffalo, New York 14215
From The City Clerk
Attached for your information is the January 1, 1976 Inaugural No. 39
Address Given by then Council President Delmar L. Mitchell. Notices of Appointments - Seasonal/Flat
RECEIVED AND FILED I transmit herewith certificates received by me, reporting
seasonal and flat salary appointments made in various
NO. 35 departments.
AUTO ALLOWANCE RECEIVED AND FILED.
I transmit herewith certificates of auto allowance submitted Certificate of Appointment
for the following individuals in the various departments listed Appointment Effective: January 26, 2004 in the Department of
below: Public Works Division of Recreation to the Position of Fee
Collector
Fire-Lt. Wayne Pohle, Lt. Joseph Romano, Lt. Gregory Weigen SEASONAL APPOINTMENT MINIMUM Starting Salary of
City Clerk-Gregory Peoples *(See attached) $5.15
Johnson Kyle 69 Naragansett Buffalo 14220
This is to inform you that I am requesting the approval of auto Brian Mann 215 Geary St Buffalo 14210
allowance for one of my Records Management Employees, REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Gregory Peoples. The City Clerk currently does not have a City AYES – Bonifacio, Coppola, Fontana, Franczyk, Golombek,
Vehicle. Mr. Peoples uses his personal vehicle to run errands Griffin, Russell and Thompson – 8
for the City Clerk's Office as well as the Common Council NOES – Davis - 1
Members.
He also transports records daily between City Hall and the No. 40
Records Management Center. Previously I allowed one tank full Appointments - Temporary, Provisional or Permanent
of gas per week to cover this City transportation approximately I transmit herewith Appointments in the various departments
$25.00 to $30.00 per week. This has been questioned by our made at the Minimum (Temporary, Provisional or Permanent)
City Auditors, so I now have no choice but to authorize S 12.00 and for Appointments at the Maximum (as per contract
per day Auto Allowance or $60.00 per week for his expenses. requirements) .
If you have any questions please contact my office. REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
RECEIVED AND FILED. Certificate of Appointment
Appointment Effective: February 10, 2004 in the Department ofPublic Works, Parks Streets Division of water to the Position of Caulker
No. 36 Temporary Appointment at the: Minimum Starting Salary of
Liquor License Applications $33,392.00
Attached hereto are communications from persons applying for Jason Allen 50 Gladstone Road Buffalo, New York 14207
liquor licenses from the Erie County Alcohol Beverage Control
Board. NON-OFFICIAL COMMUNICATIONS, PETITIONS AND
Address Business Name Owner's REMONSTRANCES
Name
638 Elk St Elk Street Pub Duane A. NON-OFFICIAL COMMUNICATIONS
Rowland
No. 41
ORD. AMEND. RESPONSE and would set back the goal of permitting reform. Therefore,
Section 511-136, Social Services' Siting Ordinance the Buffalo Niagara Partnership urges you to oppose the
Amendments approval of amendments made to the Chapter 175-Fee
Response to McPherson Letter to you dated November Schedule.
18, 2003 REFERRED TO THE COMMITTEE ION LEGISLATION
Common Council Staff Notice to Scott Gehl dated
January 23, 2004 NO. 43
I received the above-referenced notice from the Council Staff Board Packet Documents
and a copy of the November 18 th letter two days before the Attached are the following documents from the February 2,
asserted deadline of January 29th. On behalf of Mr. Scott Gehl 2004 Joint Schools Construction Board Meeting.
and the Inclusion Task Force, I am now responding to Mr. Draft Agenda
McPherson's letter. Meeting Minutes from JSCB Meeting dated January 5, 2004
Mr. McPherson offers vague and unspecified objections to the Application and Certificate for Payment No. 18 - January 2004
"Draft version" advanced by the Inclusion Task Force. Citing Strategic Plan Recommendations
not even one concrete example, he asserts that our proposed Bevlar & Associates Inc. Construction Contract Monitoring and
siting ordinance raises "similar issues" to the problematic Compliance Services Monthly Report for the Dr. Lydia T.
original. My guessing at what those 69similar issues" might be Wright School of Excellence #89 -December 2003
and attempting a response would waste everyone's time. Bevlar & Associates Inc. Construction Contract Monitoring and
I can, however, assure you, since I participated in the case Compliance Services Monthly Report for the District Wide
review process which led up to the Attorney General's Technology Project - Phase I and Phase 11 -December 2003
objections to the original ordinance, that the basis of those Bevlar & Associates Inc. Construction Contract Monitoring and
objections was that the ordinance had been "...applied in an Compliance Services Monthly Report for Addendum I Project -
uneven and inconsistent manner." The current ordinance December 2003
actually exacerbates the original's erratic and unfair tendencies PPDS Team Progress Report - January 2004
by removing the 5% objective standard for saturation. REFERRED TO THE SPECIAL COMMITTEE ON MINORITY
The carefully-considered and crafted amendments put forth by BUSINESS ENTERPRISE
our 38 service providers, in contrast, really speak to the
Attorney General's objections. How? By not subjecting service NO. 44
providers to the law's onerous and unpredictable requirements CIMINELLI CONST
if there is no possibility of saturation in the neighborhood of the Joint Schools Construction Board School Construction and
proposed site, thus insuring that the 5% saturation standard is Rehabilitation Program
actually observed in a fair and consistent manner. Copy Available for review in City Clerk's Office
Thank you for your sponsorship of these essential REFERRED TO THE SPECIAL COMMITTEE ON MINORITY
amendments. BUSINESS ENTERPRISE
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 45
NO. 42 ORIGINS OF THE CITYS FISCAL CRISIS
Relates to the proposed amendments Please accept this correspondence to be filed for the next
made to Chapter 175- fee schedule Common Council meeting that will be held on February 17,
Item #1 on the January 20th Common Council agenda; a 2004.
submission to the Council by Mayor Masiello, proposing the Copy available in the City Clerks Office for review
approval of amendments to the Chapter 175 of the City of RECEIVED AND FILED
Buffalo Charter fee schedule, is incomplete. Although the new
fee structure is an improvement to the way fees were NO. 46
calculated in the past and is designed to both cover the cost of INFO PRO-PATCH
work by the City and be "user friendly" to encourage investment Please accept this correspondence to be filed for the next
in the form of increased commercial development and Common Council meeting that will be held on February 17,
redevelopment it lacks the necessary testing needed to obtain 2004.
accurate results. Tests run on 2/10/04 by Partnership and Copy available in the City Clerks Office for review
DPIS staff members in the DPIS office did not produce the REFERRED TO THE COMMITTEE ON FINANCE AND THE
same results as tests run by DPIS staff on 2/4/04. COMMISSIONER OF PUBLIC WORKS
We acknowledge that while there have been some
improvements at the Department of Permits and Inspection
NO. 47
Services (DPIS), many steps remain incomplete. The following
REFERAL OF ZONING ACTIONS
list reflects just a few of these items:
Based on inquiries from municipal officials and questions
The use multipliers are not in Hansen for all use types;
raised at the New York State Department of State (NYSDOS)
Plumbing fees are not in Hansen system;
and Erie County's Training Programs for Planning, the
Demolition fees are not entered into the Hansen system;
Department of Environment and Planning requested that the
Elevator fees are not entered into the Hansen system;
NYSDOS provide its legal opinion regarding the "Referral of
Site fees are not entered into the Hansen system;
Zoning Actions." For your convenience that opinion is
A more detailed explanation of how Hansen is calculating fees
enclosed, along with a copy of General Municipal Law sections
is needed, test runs have resulted in inconsistent results;
239 L and M. In addition, enclosed is a list of Erie County
The fee calculator is not active in the Permit Office, it can only
planning staff community assignments including contact
be accessed on-line;
numbers.
Direct and indirect cost items needed to determine true
The Department has enclosed a survey requesting your input
department costs have not yet been provided by DPIS.
with regard to the planning training programs you would like to
While we hope to eventually be able to lend our support to this
have offered by NYSDOS and Erie County.
new fee schedule, any action by the Council at this point with
so many permitting issues outstanding, would be premature
Please share this information and the survey with other officials waterfront property, local taxpayers absorb exemptions worth
in your community responsible for planning and zoning over $590,000 annually, as it is well documented that many
activities. Marine Drive residents do not qualify for public housing.
It is our belief that this information and the training programs Current expiration of the 40 year lease to a politically powerful
will prove valuable to newly elected officials and new members tenant cooperative long operating like a private club has further
of planning and zoning boards, as well as to those of you who exposed numerous violations & unanswered questions.
having been serving your respective communities. The former manager's power grab in maneuvering $1.5 million
Should you have any questions, please feel free to contact me in "severance" for herself, her partner-husband & 17 workers,
or the Erie County planning staff member assigned to your even though most did not lose their jobs, attracted the Buffalo
community. News' attention. Reporter James Heaney, who was
RECEIVED AND FILED instrumental is exposing Marine Drive in a late 1980's expose'
now revealed that BMHA had not even sent their representative
No. 48 to the Marine Drive Board in over two years despite
CONTRIBUTION TO 2004 protestations by the mayor & BMHA that they were
LEGISLATIVE AGENDA aggressively seeking reform. BMHA's board is dominated by
In light of the fact that we are currently in the process of five Masiello appointees who rubberstamped the severance
putting together the 2004 Legislative Agenda, there are a package without knowing its cost. And Masiello-appointee &
number of issues that I feel should be included. Having former BMHA Board President & then Masiello-appointed city
completed many large-scale projects over the course of my "contract compliance" officer Modesto Candelario admitted he
three terms, I feel that it is important to plan future projects and was "too busy" to fulfill his assignment to attend 'Marine Drive
anticipate future needs while working on and completing meetings, which he could have done on city time. Last year he
existing projects. was promoted to a new $70,000 BMHA bureaucrat position
My contributions to the 2004 Legislative Agenda include: the and his neglected Marine Drive Board seat never filled, as
development of more business parks within the City of Buffalo, BMHA attorney Gillian Brown railed about Marine Drive
full implementation of the Citi-Stat management system, non-cooperation with BMHA.
development of homeowner low-interest loan programs major opportunity to clean up an embarrassing housing &
A
throughout the City, infrastructure improvements to
civil rights fraud on the waterfront has been rescued by the
neighborhood business strips, and bringing a referendum on
News' exposure. But there is so little information & so many
term limits for elected officials. I would like to see these issues,
questions that there is strong likelihood of another cover-up.
along with others like development of the waterfront and the
The monitoring responsibility of DHCR, the NYS Division of
Peace Bridge, incorporated into the Council's planning process
Housing & Community Renewal has long been violated, so the
for 2004.
most basic data needed to resolve the mess is unavailable. It is
As you know, in developing business parks, the importance of
not even known how many vacancies there are at Marine Drive,
41 shovel ready" sites must not be overlooked. They are critical
nor how many are minorities are on the waitlist of a complex
if the City wants to attract businesses, and attracting business
notorious for keeping minorities out. There are likely over 500
means that jobs will be created for City residents. A perfect
on the wait list and letters are to go to them soon. But who
example of this can be seen when driving through the business
would recommend low income families to move into a complex
park located off Dingens Street where a number of buildings
whose future is so unclear?
were constructed and large-scale commercial tenants now call
Public housing requires there be at least one person per
home.
bedroom, but at Marine Drive hundreds of single tenants live in
The second issue that I am pursuing is the implementation of
two or more bedrooms (& are subsidized to do so). There are
the Citi-Stat system here in Buffalo. Citi-stat is a computerized
only 55 one bedroom apartments, as the overwhelming majority
tracking system that tracks constituent complaints, employee
of Marine tenants are single elderly. It is well know that many
sick time, and other management functions of the City. The
tenants hide income, or lied upon admission that their
system detects trends, and it has saved the City of Baltimore,
household was larger in order to qualify for a larger unit or to
Maryland millions since its inception there in the late 90's. I had
get around their excess income. There are persistent reports
the opportunity several years ago to see Citi-Stat in operation in
that many Marine tenants have sold Buffalo houses to rent on
Baltimore, and I was impressed by the way Mayor O'Mally
the waterfront & winter in Florida. That means they are literally
devised the system.
subsidized by taxpayers in Buffalo to pay property taxes on
Another issue that must be placed on the 2004 Legislative
winter homes in Florida. And many hide income to avoid paying
Agenda deals with home improvement loans. The City is finally
required surcharges if they exceed income guidelines.
fixing its broken home loan program. Many homeowners ask for
In a very poor city subsidizing the waterfront should not be an
low-interest loans to fix up their homes and are unable to deal
option. Marine Drive clearly needs to be responsibly privatized',
with all the red tape in City Hall. I will continue to fight for a
ideally to a tenant-owned cooperative in order to preserve an
home improvement loan program that is equitable and easy for
very affordable housing resource on the waterfront. But it is
all homeowners to access.
long past time for the public to be fully informed of what is
These are just a few of my proposals for the 2004 Common
going on at Marine Drive . . and perhaps for somebody to be
Council Legislative Agenda. I took forward to working with each
punished for letting the atrocity continue so long.
of you.
RECEIVED AND FILED
RECEIVED AND FILED
NO. 50
NO. 49
COMMENTS – MEDICAL USE OF MARIJUANA
Welfare Fraud on the Waterfront
My name is Mitchell Lopez and I have been employed at the
In a cash strapped city, taxpayers should be marching on
Erie County Medical Center as a chemical dependency
publicly owned Marine Drive Apartments on the Buffalo's
counselor for approximately 15 years. I have worked in the
waterfront. The 616 apartment complex is owned by BMHA,
Emergency Dept, the Detoxification Unit, and in the
Buffalo's Municipal Housing Authority, which has long winked
Immunodeficiency Clinic. My experience has given me the
at blatant violation of both public housing & fair housing
opportunity to observe and work with many chronically, even
violations on the waterfront. Instead of taxing valuable
terminally ill patients. I have seen the terrible discomfort and
anxiety that these patients go through, not only from their claims we examined, the City would have saved nearly $.02 per
particular medical disorder, but also from some of the gallon of gasoline and approximately $.02 per gallon of diesel
treatments as well. It was not uncommon for some of these fuel if it had made those purchases through state contracts. If
patients, in their desperation for relief, to use some form of those savings held true for the approximately 610,000 gallons
Cannabis (Marijuana) to case their symptoms and induce a of gasoline and the nearly 465,000 gallons of diesel fuel the
calmer state of mind. In some cases, the medical providers City purchased in 2002, the City would have saved about
would prescribe pharmaceutical Cannabis (Marinol) to their $21,500 on those purchases.
patients as a part of their treatment regimen. However, many of Recommendations
these patients on Marinol reported that they could not control Before awarding purchase contracts for gasoline and diesel
the time-specificity of dosing as effectively as they could with fuel, the City should determine whether those fuels are
the actual plant. available on a state contract. If so, the City should decide
I by no means wish to condone the random use of Cannabis, whether purchasing those fuels through state contract, as a
and firmly believe that it has detrimental effects when used legally authorized alternative to competitive bidding, would be
strictly as a recreational drug. There have been concerns that beneficial and cost effective. Periodically, City officials should
Cannabis is a "gateway" drug, leading to the use of more acquaint or reacquaint themselves with the New York State
dangerous substances. I have not seen irrefutable evidence to Office of General Services fuel procurement process and
substantiate this concern. Furthermore, I would point out that consider participating in it.
chronically/terminally ill patients are often prescribed potent It is your responsibility, as City officials, to formulate a plan to
narcotics to alleviate their discomfort. take advantage of or to at least address the potential cost
In light of the above, I would not oppose medicinal use of savings opportunities mentioned in this report. That plan of
Cannabis so long as the user had a legitimate illness that had action should be available for public review in the office of the
been appropriately assessed by a doctor who determined that City Clerk and the Office of the State Comptroller. See the
the patient could genuinely benefit from its effects. Of course, I attached documents for additional information on filing this
would expect that there would be routine monitoring of the report and a corrective action plan. Our Office is available to
status of the illness and indication for the Cannabis, so that its assist you upon request. If you have any further questions,
use could not be continued in a "carte blanc" fashion. please contact Douglas Cowen, Associate Examiner, at (716)
*I wish to point out that my views and statements are my own, 847-3647 or dcowen@osc.state.ny.us.
and do not necessarily reflect those of the Chemical REFERRED TO THE COMMITTEE ON FINANCE, THE
Dependency Dept. or ECMC in general. COMMISSIONER OF ADMINISTRATION AND FINANCE
RECEIVED AND FILED AND THE COMPTROLLER
NO. 51 No. 52
CITY PURCHAE OF GAS Commission on Citizen's Rights & Community Relations
FROM STATE CONTRACTS I cannot express my continued concern about these attacks
One of the Office of the State Comptroller's primary objectives and issues that seem to prevail against the Commission.
is to identify areas where local governments can improve their While there are issues surrounding this City Government and
operations and provide guidance and services that will assist the management of Department-services ... It is also a fact that
local officials in making those improvements. This Office's the Commission has made salient recommendations since it's
other objectives are to develop and promote short-term and inception on management concerns.
long-term strategies to enable and encourage local government We have been threatened, pulled apart and have been the
officials to reduce costs, improve service delivery and to brunt of those that either know little about our mission or are
account for and protect their governments' assets. perhaps are thr6atened by our findings or poking into dark
Consistent with the aforementioned objectives and pursuant to corners.
the State Comptroller's authority as set forth in Article V, § I of If this Commission were not needed then it is doubtful that the
the State Constitution and Article 3 of the General Municipal Citizens would have voted it into place.
Law, we are conducting a regional audit of vehicle fuel Most of us diehards have welcomed the opportunity to serve
procurement practices of forty local governments located in the your constituents s well as had the opportunity to work with
Buffalo Region. The City of Buffalo was one of those local others that share our hopes and dreams for a better city and
governments. Our audit of the City's fuel procurement practices government.
was limited to fuel purchases it made during 2002. We again request that' you take a second look and think of
Following are our findings and recommendations relating Commission as a needed arm of government and oversight.
specifically to your City. Please review this document and We come with a wealth of knowledge and a willingness to help
provide us with a corrective action plan as provided for by make your jobs better and more in tune with those you have
General Municipal Law §35. A regional report will be provided been elected to represent.
to you that will summarize the issues we identified at all forty If you are able to discern your own short comings and where
local governments that were included in our audit. you are lacking ... our joint efforts and findings if taken
Findings seriously, would save time and money and give your
In 2002, the City purchased diesel fuel and gasoline from the constituents a feeling that checks and balances are in place for
successful bidder after advertising for bids, rather than their peace of mind.
procuring them through state contracts negotiated by the New We are requesting restoration of a full Council and the
York State Office of General Services. When asked why, City advocates position. You must recognize the voices of those
officials indicated that concerns about fuel availability arising that so voted and not cut off the hand that feeds you.
from fiscal year differences and the state's failing to require Everyone cannot volunteer and do a good job. Political favors
bidders to provide performance bonds let the City to bid on its may pick up some slack, but it also indicates the poor
own. After examining eight claims that supported purchases of management that has occurred throughout government.
fuel from the successful bidder, we concluded that the City REFERRED TO THE MAYOR
would have saved money if it had been able to make those
purchases through state contracts. Based on the NO. 53
PURCHASE OF 2343 BAILEY AVE
I write to you today to request your support and assistance. I
would like to purchase the vacant lot located at 2343 Bailey Regular Committees
Avenue to convert into a parking lot for my business located at
2339 Bailey Avenue. CLAIMS
It Is my understanding that the City of Buffalo has no plans for (James D. Griffin, Chairman)
the parcel and I am prepared to make an offer of $1,000. I'm
not certain what steps are necessary for this purchase to occur NO. 60
and would appreciate your office facilitating this process for Personal Injury - A. 1. George 0. Dubuque, Jr. vs. City of
me. Buffalo
I am a minority female business owner who has operated my That the above item be, and the same hereby is returned to the
salon at my current location since 1977. The safety of my Common Council without recommendation.
customers comes first and during the winter months, with side Mr. Griffin Moved:
street parking only my early morning and late evening That, upon the recommendation of the Corporation Counsel,
customers would feel more secure. the following actions for personal injury arising out of alleged
Please feel free to contact me at your earliest convenience at negligence on the part of the City of Buffalo, be compromised
891-9875. and settled:
REFERRED TO THE COMMITTEE ON COMMUNITY A.1. George 0. Dubuque, Jr. vs. City of Buffalo
DEVELOPMENT AND THE DIRECTOR OF STRATEGIC $45,000.00
PLANNING That checks be drawn on the account of Org 17221008
(480205) Judgment and Claims Prior Years, or (480204)
PETITIONS Current Fiscal Year, payable to the respective claimants or
plaintiffs and their attorneys, if any, herein above named, in the
NO. 54 amounts set opposite their names and delivered to them upon
S Robarge, Owner, Use 1551 Delavan East, for a Human execution and delivery to the Corporation Counsel of proper
Service Facility (hrg 2/24) releases and closing papers.
REFERRED TO THE COMMITTEE ON Passed
LEGISLATION,STRATEGIC PLANNING, THE CITY AYES - 7 - NOES - 2
PLANNING BOARDAND THE CORPORATION COUNSEL AYES – BONIFACIO, COPPOLA, DAVIS.FRANCZYK,
GRIFFIN, RUSSELL AND THOMPSON - 7
NO. 55 NOES – FONTANA AND GOLOMBEK - 2
L. Marshall, Owner, Use 501 High Street, for a Human
Service Facility NO. 61
(hrg 2/24) Personal Injury
REFERRED TO THE COMMITTEE ON That, upon the recommendation of the Corporation Counsel,
LEGISLATION,STRATEGIC PLANNING, THE CITY the following actions for personal injury arising out of alleged
PLANNING BOARDAND THE CORPORATION COUNSEL negligence on the part of the City of Buffalo, be compromised
and settled:
NO. 56 A. 2. Therese Felle vs. City of Buffalo, et al $ 3,500.00
V. Coram, Agent, Use 291 E. Ferry St, for a 30 Car Parking A. 3. Laurie A. Guerra vs. City of Buffalo
Lot $370,000.00
(hrg 2/24) A. 4. Angela Staniszewski vs. City of Buffalo $ 2,500.00
REFERRED TO THE COMMITTEE ON That checks be drawn on the account of Org 17221008
LEGISLATION,STRATEGIC PLANNING, THE CITY (480205) Judgment and Claims Prior Years, or (480204)
PLANNING BOARDAND THE CORPORATION COUNSEL Current Fiscal Year, payable to the respective claimants or
plaintiffs and their attorneys, if any, herein above named, in the
NO. 57 amounts set opposite their names and delivered to them upon
P. Bailey, Agent, Use 148 Woodlawn, for a Human Service execution and delivery to the Corporation Counsel of proper
Facility releases and closing papers.
(hrg 2/24) Passed
REFERRED TO THE COMMITTEE ON AYES - 9 - NOES - 0
LEGISLATION,STRATEGIC PLANNING, THE CITY FONTANA IS IN THE NEGATIVE FOR A-3
PLANNING BOARDAND THE CORPORATION COUNSEL
NO. 62
Property Damage
NO. 58 That, upon the recommendation of the Corporation Counsel,
W. SITZMAN, AGENT, USE 2001 MAIN-CANISIUS the following actions for personal injury arising out of alleged
COLLEGE-6/7 STORY MASONRY COLLEGE DORMITORY negligence on the part of the City of Buffalo, be compromised
(HRG. 2/24) and settled:
REFERRED TO THE COMMITTEE ON LEGISLATION, B.1.Karen A. Bryant, 418 Massachusetts Avenue, 14213
DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING This is a claim for damages to a 2001 Kia Rio that were
BOARD AND CORPORATION COUNSEL. sustained on
September 30, 2003 across from 418 Massachusetts Avenue.
NO. 59 $221.91
S. DONALD WARE, OWNER, USE 765 ELMWOOD B.2. Kathleen Dent, 164 Shirley Avenue, 14215
RESTAURANT WITH SEASONAL SIDEWALK CAFE This is a claim for payment for a broken rear window on a 1988
(HRG. 2/24) Buick
REFERRED TO THE COMMITTEE ON LEGISLATION, LeSabre, on September 23, 2003.
DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING $192.69
BOARD AND CORPORATION COUNSEL.
That a check be drawn on the account of Org 17221008 B. 14. State Farm Insurance Company as subrogee of Doris
(480205) Judgment and Claims Prior Years, or (480204) Blake-Budzynski, 100 State Farm Place
Current Fiscal Year, payable to the respective claimants or This claim is for damages to a house at 73 Krakow Street as a
plaintiffs and their attorneys, if any, herein above named, in the result of a large branch from a city-owned tree falling on it on
amounts set opposite their names and delivered to them upon September 14, 2003.
execution and delivery to the Corporation Counsel of proper $907.77
releases where such releases are indicated. B. 15. Barbara Tompkins, 147 Zelmer Street, 14211
Passed This is a claim for damages to porch stairs and gutters at 147
AYES - 9 - NOES - 0 Zelmer Street that occurred on July 11,2003.
$1,200.00
NO. 63 B. 16. Joseph Walkowski, 38 Rogers Drive, 14225
Property Damage - B. 3. James Eagen, 63 Evanston Place, This is a claim for damages to a 1989 Oldsmobile Delta which
14220 occurred on November 13, 2003 at 130 Trowbridge Street.
Mr. Griffin moved that the above item be recommitted to the $1,100.00
Committee on Claims. That a check be drawn on the account of Org 17221008
ADOPTED (480205) Judgment and Claims Prior Years, or (480204)
Current Fiscal Year, payable to the respective claimants or
NO. 64 plaintiffs and their attorneys, if any, herein above named, in the
Property Damage amounts set opposite their names and delivered to them upon
That, upon the recommendation of the Corporation Counsel, execution and delivery to the Corporation Counsel of proper
the following actions for personal injury arising out of alleged releases where such releases are indicated.
negligence on the part of the City of Buffalo, be compromised Passed
and settled: AYES - 9 - NOES - 0
B. 4. Mary Eldridge, 287 Colvin Avenue, 14216
This is a claim for damages to the doors and wood frame of an No. 65
upper porch located at 383 Colvin Avenue. Miscellaneous Invoices
$804.00 That, upon the recommendation of the Corporation Counsel
B. 5. Michael A. Ferguson, 230 Riley Street, 14208 and the appropriate City Departments, the following claims be
This is a claim for damages to a 1993 Buick Regal sustained paid:
on November 13, 2003 at 230 Riley Street. C. 1. T/A Appraisals & Adjustments, P.O. Box 130,
$1,732.88 Cheektowaga 14225 This is a claim for payment of a prior
B. 6. Andreana Goldsmith, 148 Bissell Avenue, 14211 fiscal year invoice, Invoice No. 41614, invoice for services
This is a claim for damages to a 1998 Buick Regal, during the rendered to Department of Human Resources. $87.00
second week in December, 2003, the car was impounded by C. 2. Sheehan Memorial Hospital, 425 Michigan Avenue,
the city and removed to the Dart Street Garage. 14203
$3,177.84 This is a claim for payment of Invoice No. 257053 for a
B. 7. Judith A. Gordon, 146 Ideal Street, 14206 physical mandated by the City of Buffalo in order for the
This is a claim for claimant's deductible on her car insurance employee to perform work in a contaminated area. The physical
as a result of damages to her 1997 Mercury Tracer was performed at Sheehan Memorial Hospital in September,
$200.00 2001. $76.90
B. 8. Lynnette Gospodarski, 76 Littlefield Avenue, 14211 C. 3. General Code, 72 Hinchey Road, Rochester, 14624
This is a claim for the insurance deductible on a 2002 This is a claim for payment of Invoice No. 60070493 for
Mitsubishi for damages sustained on November 12, 2003 at 63 services rendered to the City Clerk's Office for e-mail updates
Wisconsin to the City Charter. This invoice was never received by the City
Place. $500.00 clerk's Office and the services were rendered in January, 2003.
B. 9. Christopher A. Hall, 106 Colfax Avenue, 14215 $200.00
This is a claim for damages to a 1995 Cadillac, which occurred That a check be drawn on the account of Org 17221008
in (480205) Judgment and Claims Prior Years, or (480204)
September at the Dart Street Garage. $500.00 Current Fiscal Year, payable to the respective claimants or
B. 10. Laura Kanapesky, 65 Flower Street, 14214 plaintiffs and their attorneys, if any, herein above named, in the
This is a claim for damages to a 1997 Chevy Cavalier which amounts set opposite their names and delivered to them upon
occurred on November 12,2003 at 68 Flower Street. execution and delivery to the Corporation Counsel of proper
$1,554.47 releases where such releases are indicated.
B. 11. William McKnight, 1736 Hertel Avenue, 14216 Passed
This is a claim for replacement of prescription eyeglasses that AYES - 9 - NOES - 0
were broke on November 25, 2003 while Mr. McKnight, a city
employee, was working on the Ohio Street Bridge. No. 66
$309.00 Miscellaneous Refund/Reimbursement
B. 12. Mary O'Rourke, 54 Allenhurst Road, 14214 D. 1. John Bowers, 89 Minden Drive, Orchard Park, 14127
This is a claim for reimbursement of a wristwatch broken on This is a claim for payment of a life insurance claim pertaining
January 20, 2004 while Ms. O'Rourke, a city employee, was to John Bowers and the late Shirley Bowers. Mr. and Mrs.
installing new computers in the Treasury Department bank Bowers were both employed by the City of Buffalo and
room. One of the computers fell onto her arm, breaking the according to their contractual agreements, entitled to individual
watch. $76.00 and spousal coverage. $5,000.00
B. 13. Charles J. Premo, 62 Villa Avenue, 14216 D. 2. Joseph A. Carrier, 228 Reed Street, 14212
This is a claim for damages to a 2001 Mitsubishi Montero Sport This is a claim for reimbursement of monies paid to the City of
which Buffalo pertaining to bid prices on properties at 607 and 611
occurred on November 30, 2003 at 62 Villa Avenue. East North Street. This occurred at the In Rem sale of October
$630.23 25, 1999. $1,900.00
That a check be drawn on the account of Org 17221008 Passed.
(480205) Judgment and Claims Prior Years, or (480204) AYES - 9 - NOES - 0
Current Fiscal Year, payable to the respective claimants or
plaintiffs and their attorneys, if any, herein above named, in the NO. 71
amounts set opposite their names and delivered to them upon Towne Gardens, Ltd. - Water Service at 225 Hickory
execution and delivery to the Corporation Counsel of proper Street
releases where such releases are indicated. (Item No. 96, C.C.P., July 22, 2003)
Passed Mr. Davis moved that the above item be recommitted to the
AYES - 9 - NOES - 0 Committee on Finance.
ADOPTED.
No. 67
Report to the Claims Committee NO. 72
E. 1. Michael W. McKenna, 128 Van Rensselaer Street 142 10 Towne Gardens, Ltd. - Water Service at 225 Hickory
This is being placed on the agenda for discussion. The item Street
was previously received and filed by the Claims Committee, per (Item No. 59, C.C.P., Sept. 30, 2003)
Item No. 88, CCP July 8, 2003 and then recommitted per Item Chairman
No. 86, CCP October 28, 2003 and now recommitted again per Mr. Davis moved that the above item be recommitted to the
Item #8 1 -E, CCP December 23, 2003. On February 15, 2003, Committee on Finance.
claimant, Michael W. McKenna, was exiting the New York ADOPTED.
State Thruway at Smith Street. The Buffalo Police Department
was pursuing a vehicle behind him at a high rate of speed and NO. 73
this vehicle rear-ended Mr. McKenna's 2000 Dodge Caravan. Towne Gardens, Ltd. - Water Service at 225 Hickory
The suspect then alluded the police who were in pursuit. Mr. Street (PW)
McKenna's damages were to the bumper, cover and bracket. (Item No. 38, C.C.P., Oct. 14, 2003)
$250.00 Mr. Davis moved that the above item be recommitted to the
That a check be drawn on the account of Org 17221008 Committee on Finance.
(480205) Judgment and Claims Prior Years, or (480204) ADOPTED.
Current Fiscal Year, payable to the respective claimants or
plaintiffs and their attorneys, if any, herein above named, in the NO. 74
amounts set opposite their names and delivered to them upon E. Perry-Repair of Damaged Sidewalk Caused by COB
execution and delivery to the Corporation Counsel of proper Fire Dept. Truck (CCP#71-Oct. 28, 03)
releases where such releases are indicated. That the above item be and the same hereby is received and
Passed filed.
AYES - 6 - NOES – 3 ADOPTED
AYES – DAVIS, FONTANA, FRANCZYK, GRIFFIN,
RUSSELL AND THOMPSON – 6 NO. 75
NOES – BONIFACIO, COPPOLA AND GOLOMBEK - 3 Reshaping Buffalo's Energy Future (Exc. Fin. 2 Res.)
(CCP#221 -July 24, 03)
FINANCE That the above item be and the same hereby is received and
(Brian C. Davis, Chairman) filed.
ADOPTED
NO. 68
Certificate of Determination - Sale & Issuance of NO. 76
$10,285,000 Share Cost of Solid Waste Disposal with Broadway
Refunding Serial Bonds - 2004-A Market
(Item No. 5, C.C.P., Feb. 3, 2004) (Item No. 152, C.C.P., Jan. 20, 2004)
That the Comptroller is hereby authorized to issue and sell That the Common Council authorize the Commissioner of
the Bonds of the City of Buffalo, as described and referred to in Public Works, Parks, and Streets to enter into a written
the above communication. agreement with the Broadway Market providing for the City to
Passed. pay for Broadway Market's solid waste disposal costs (tonnage
AYES - 9 - NOES - 0 fees) and the Broadway Market paying for its hauling costs;
and
NO. 69 That any and all such Broadway Market solid waste disposal
COB Police Dept.-Fed. Asset Forfeiture Acct.-Ann. Cert. bills outstanding from July 1, 2003 be paid by the City.
Rpt. & Audit for FY Ending Adopted
6/30/03 (Pol)
(CCP#21-Feb. 3, 04) NO. 77
That the above item be and the same hereby is received and Share Cost of Solid Waste Disposal With Broadway
filed. Market (FILL) (PW)
ADOPTED (CCP#18-Fcb. 3, 04)
That the above item be and the same hereby is received and
NO. 70 filed.
Grant Juvenile Justice Program ADOPTED
(Item No. 25, C.C.P., Feb. 3, 2004)
That the Department of Community Services be, and he NO. 78
hereby is authorized to accept a grant of $3,005.00 from the Increase in Contract - 560 Walden Avenue,
New York State Department of Criminal Justice Services to Underground Storage Tank Removal
refund a Planning and Administration grant from the Year 2003 (Item No. 16, C.C.P., Feb. 3, 2004)
for reimbursement for fringe benefits spent.
That the Commissioner of Public Works, Parks and No. 84
Streets be, and he hereby is authorized to issue a change Memorialize NYS Leg on Medical Marijuana Leg
order, to Nature's Way, an increase in the amount of (CCP#172-Dec. 23, 03)
$36,395.05, as more fully described in the above That the above item be and the same hereby is received and
communication, for work relating to Underground Storage Tank filed.
Removal at 560 Walden Avenue, General Contract No. ADOPTED
#92010824. Funds for this project are available in Bond COMMUNITY DEVELOPMENT
Account 34030306. (JOSEPH GOLOMBEK JR., CHAIRMAN)
Passed
AYES - 9 - NOES - 0 NO. 85
2004-2005 ANNUAL ACTION PLAN PROP. SPENDING
LEGISLATION (STRAT. PLAN.)
(Richard A. Fontana, Chairman) (COM.#2-2/6)
(DISCH#3-2/12/04-APP)
NO. 79 This item has been discharged and approved.
R. Moore-Req. Renew Application-Kaleida Health
Wom/Child. Hospital-Helipad (Hrg. 2/17) NO. 86
(CCP#41-2/3/04) YEAR 30 RECOMMENDATIONS (COMM. SVS.)
That the above item be and the same is returned to the (CCP#24-JAN. 20, 04)
Common Council without recommendation. That the above item be and the same hereby is received and
RECOMMENDED BY THE COMMITTEE ON LEGISLATION filed.
A public hearing has been set, before the Common Council, at ADOPTED
this regularly scheduled meeting, on the above item, and a
Notice of same has been published in the Buffalo News, a copy NO. 87
of which is attached hereto. ABANDONMENT AND SALE OF SCATHCARD PLACE
On a motion by Mr. Coppola, seconded by Mr. Davis the item is (ITEM NO. 114, C.C.P., DEC. 26, 200 1)
properly before the Common Council, and the hearing is (ITEM NO. 11, C.C.P., FEB. 3, 2004)
opened. That the above item be, and the same hereby is returned to
CARRIED, the Common Council without recommendation.
Appearances – Arthur J Giacalone, Attny, Michael Holland, Mr. Golombek moved that the above item be recommitted to the
Ralph Sibey, Rob Price Committee on Community Development.
Mr. Coppola now moved that the hearing be closed. Seconded ADOPTED.
by Mr. Davis
CARRIED. NO. 88
Mr. Fontana moved that the above item be recommitted to the NOTICE OF PUB. INFO.-TIFFT ST.
Committee on Legislation GREENWAY-PIN#5756.79-OUTER HARBOR
ADOPTED. TRAIL-PIN#5756.74
(SOUTH)
No. 80 (CCP#17-FEB. 3, 04)
M. Jordan-Clover Const.-Req. Appeal-Pres. Bd. That the above item be and the same hereby is received and
Ruling-Derno-Gas Station 757 Main St. filed.
(434,1/6)(#82,12/9)(462,11/12)(#1 12,10/18)(#l ADOPTED
12,9/30)(#12,9/16)(Pres.Bd.)
(CCP#67-Feb. 3, 04) NO. 89
That the above item be and the same hereby is received and PEACE BRIDGE ASSN. EMINENT DOMAIN RESOLUTION
filed. (# 193, 7/22)
ADOPTED (CCP469-JAN. 20, 04)
That the above item be and the same hereby is received and
No. 81 filed.
Loc. Law Intro#1 ((2004)-Election & Terms of Common ADOPTED
Council Members (CCP#128-Feb. 3, 04)
That the above item be and the same hereby is received and NO. 90
filed. R. STANTON-COMMENTS RE: PEACE BRIDGE
ADOPTED EXP.-DRAFT SCOPING DOC.-9/18/03 (BURA)
(447,9/30)
No. 82 (CCP#93-JAN. 20, 04)
Discuss Term Limits for Elected Officials That the above item be and the same hereby is received and
(CCP#219-Apr. 15, 03) filed.
That the above item be and the same hereby is received and ADOPTED
filed.
ADOPTED NO. 91
V. LAMB-PEACE BRIDGE EXP. PROJ.-DISC.-AIR
No. 83 QUALITY/PUB. HEALTH (#88,9/2)
Moratorium on Surface Parking Lots (CCP#101-JAN. 20, 04)
(CCP#134-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. 92
V. LAMB-PEACE BNIDGE EXP. PROJ.-DRAFT OUTLINE Whereas: These reports included, but were not limited to,
OF R. EST. ACQ. GUIDELINES (#89,9/2) response times, incident reports, and what effects any fire
(CCP#102-JAN. 20, 04) rotations or closings are having on the department and the
That the above item be and the same hereby is received and communities that they serve; and
filed. Whereas: These reports are very helpful tools during budget
ADOPTED deliberations, and there has been sufficient time that has past
since an updated report was filed.
NO. 93 Therefore Be It Resolved:
J. GARDELLA-COMMENTS-HICKORY WOODS COMM. That this Common Council requests the Buffalo Fire
MTG.-1/29/04 Department to file an updated report regarding restructuring
(CCP#42-FEB. 3, 04) initiatives within the department as they relate to response
Mr. Golombek moved that the above item be recommitted to the times, incidents, staffing, overtime, and any other notable
Committee on Community Development. effects these initiatives may have; and
ADOPTED. Be It Further Resolved:
That this report consists of information from the past sixty (60)
RESOLUTIONS days.
Be It Further Resolved:
NO. 94 That the report be filed with the City Clerk no later than 2:00pm,
BY: MR. COPPOLA Thursday, February 26, 2004
USE OF RED LIGHT CAMERA'S WITHIN THE CITY OF REFERRED TO THE COMMITTEE ON BUDGET, THE
BUFFALO COMMISSIONER OF FIRE AND THE FIRE TASK FORCE
Whereas: There is a bill currently before the New York State
Assembly (AO0766) which authorizes the installation and use NO. 96
of "red light cameras" (photo monitoring devices) at various BY: MR. COPPOLA, MR. FRANZYCK, MR. BONIFACIO,
intersections, highway, and railroad crossings throughout the MR. GOLOMBEK, MR. GRIFFIN, MS. RUSSELL
City of Buffalo, and PARKING ENFORCEMENT ON HOLIDAYS
Whereas: Under the enabling legislation, the City of Buffalo Whereas: The City of Buffalo Division of Parking
would be authorized to implement a program imposing Enforcement has been issuing parking violations on holidays as
monetary liability on vehicle owners for failure to comply with per chapter 3 07-11 of the city charter; and
traffic-control indications within the city proper-, Whereas: Many streets in the City of Buffalo have a specific
and type of parking, Alternate Type 11, whereby parking on both
Whereas: Since its inception in December of 1993, the City of sides of the street is restricted from 9am to 4pm; and
New York has issued violations for hundreds of thousands of Whereas: Reasons for the restriction are in large part due to
vehicles for going through red lights equipped with such need to have one side open for the regular operations that
monitoring devices; and occur in the city such as trashpick-up, street cleaning, other
Whereas- While these summonses produced hundreds of public works related activities and more; and
thousands of dollars in additional revenue to the city, the Whereas: Because parking on both sides is allowed after these
biggest benefit of the program is a 40% decrease in traffic light hours, it is apparent that the City recognizes that most of these
violations committed at intersections where red light camera's streets have a need for additional on-street parking and that
were installed; proving that the installation of such devices has allowing for parking on both sides does not cause traffic
made city roadways safer for pedestrians and motor vehicle problems or the 'inability of emergency vehicles to travel on
operators; such streets, and
And Whereas: Further, it is obvious that during holiday There will be
Whereas: Many residents in the city have voiced concern with the need for additional on street parking because more
regard to traffic safety and the lack of sufficient traffic automobiles are on the street due to more residents being
enforcement in many areas in the City of Buffalo and a program home, extra visitors, and any excess traffic due to shopping on
such as this can alleviate those concerns as it has in the City of the city's commercial strips; and
New York. Whereas: There does not seem to be a sufficient need to issue
Now therefore be it resolved that: parking violation summonses on the streets that bare the
The Buffalo Common Council does hereby support Assembly Alternate Type 11 parking.
bill A00766 and request that the New York State Assembly and Now therefore be it resolved that:
Senate respectively, pass this enabling legislation and send it The Common Council requests that the Law Department
to the Governor of New York State for his signature; and prepare the proper ordinance amendment that would
Be it further resolved that: temporarily lift the parking restrictions on streets that bare the
Certified copies of this resolution are forwarded to Governor Alternate Type 11 Parking_ for all holidays no later than
Pataki and the WNY delegation of the New York State Thursday, February 26, 2004; and
legislature. Be it further resolved that:
ADOPTED Copies of this resolution are forwarded to the Commissioner of
Administration and Finance, the Director of Parking
NO. 95 Enforcement, and the Commissioner of Public Works, Parks
BY: MR. COPPOLA and Streets.
UPDATE FROM BUFFALO FIRE DEPARTMENT ADOPT FIRST RESOLVE THE REMAINDER TO THE
REGARDING RESTRUCTURING COMMITTEE ON LEGISLATION, THE COMMISSIONER OF
Whereas: In the past, the Buffalo Fire Department has PUBLIC WORKS AND THE COMMISSIONER OF
provideo the Common Council with periodic reports ADMINISTRATION
regarding their restructuring plan (Fire Company and Fire
House closings) and the cause and effects of the plan; NO. 97
and BY: MR. DAVIS
TRANSFER OF FUNDS
PARKING BOARD A LOCAL LAW amending the Charter of the City of
That pursuant to §20-12 of the Charter and the Certificate of Buffalo in relation to eligibility for election to the office of council
the Mayor and the Comptroller submitted to the Common member.
Council, the sum of $324,725.47 be and the same is hereby BE IT ENACTED BY THE COMMON COUNCIL OF THE
transferred from the Maintenance and Debt Service Reserve CITY OF BUFFALO AS FOLLOWS:
Capital Reserve Account and said sum is hereby Section 1. That Section 3-5 of the Charter of the City of
reappropriated as set forth below: Buffalo, adopted pursuant to law, is hereby amended as
From: follows:
51008207-470010 the Maintenance and Debt Service Reserve § 3-5. Election and Terms of Common Council Members.
Capital Reserve The terms of office of the council members as of the effective
$324,725.47 date of this charter shall continue until the installation of council
To: members chosen in general elections in accordance with this
51019046-445100 Adam Expansion section.
$116,932.78 At the general election in the year [2001] 2007, and every fourth
51019036-445100 Augsburger Expansionyear thereafter, one district council member shall be elected by
$207,792.69 the electors of each council district for a term of [two] four
REFERRED TO THE COMMITTEE ON FINANCE years. [At the general election held in the year 2003 and every
fourth year thereafter, one district council member shall be
NO. 98 elected by the electors of each council district for a term of four
BY: MR. DAVIS years.]
CAPITAL BUDGET AMENDMENT The persons elected to the common council shall take office on
ADDITION TO CAPITAL PROGRAM 2004 the first day of January following the general elections in which
That pursuant to §20-28 of the Charter and the Certificate of they were elected, and shall be eligible for re-election but an
Comptroller submitted to the common council member elected under this law for three
the Mayor and the
consecutive terms shall be ineligible for the next term after the
Common Council, the Capital Program for the
termination of their office.
fiscal year
2004 be and the same is hereby amended by
Section 2. Insofar as the provisions of this local law are
adding the following item under the heading:
inconsistent with the provisions of any other local law or act, the
Capital Projects - Public Works - Engineering
provisions of this local law shall be controlling.
363222106 - North Jefferson Library $500,000
Section 3.This local law shall take effect immediately.
PASSED
APPROVED AS TO FORM
AYES - 9 NOES - 0
Michael B. Risman
Corporation Counsel
NO. 99
NOTE: Matter in brackets to be deleted;
BY: MR. FRANCZYK
matter underlined is new.
RESCINDING APPROVAL OF NOTIF SERIAL #9765
REFERRED TO THE COMMITTEE ON LEGISLATION
CLINTON, BAITZ TRAFFIC SIGNAL
Whereas: At the Common Council meeting of January 20,
NO. 101
2004, the Department of Public Works, Parks & Streets,
BY: MR. GRIFFIN
Division of Engineering, submitted for Common Council
SUPPORT FOR BASS PRO
approval various notifications regarding changes in traffic
Whereas: A Buffalo First article dated January 20, 2004,
control and parking restrictions; and
broadcasts the recent report from Expansion Management
Whereas: Notification Serial #9765, repealing (removing) the
Magazine ranking Buffalo, N.Y., 3 8th, of 50, for the hottest
traffic control signal at Clinton Street and Baitz Avenue was
cities for expansion and relocation in the United States; and
included in this notification package and approved by the
Whereas: The Expansion Management Magazine ranking list
Common Council on January 20, 2004; and
was published by Buffalo First the same week Elected
Whereas: After recent consultation with the Clinton Bailey
Officials announced preliminary plans had been received by
Community Association, local businesses and community
Bass Pro to renovate the vacant Memorial Auditorium; and
leaders, information was brought forward that the removal of
Whereas: Bass Pro is a sporting goods store, headquartered in
this traffic signal would likely significantly increase safety
Springfield, Missouri, and happens to be the largest attraction
concerns at this intersection, which contains a church,
in that city; and
businesses, NFTA bus stops, and school bus stops; and
Whereas: Its plans for the vacant Memorial Auditorium include
Whereas: There already are problems with speeding cars and
a $40 million sporting goods store, a $20 million Great Lakes
trucks on this part of Clinton Street (a State Highway) in this
theme museum, a $4.2 million restaurant and a $13.3 million
mixed residential and industrial area;
sky-high hotel; and
Therefore Be It Resolved: That in the interest of safety in the
Whereas: Although plans are in a preliminary stage, Elected
Clinton-Baitz neighborhood, the Common Council rescinds its
Officials from all levels of government have expressed
January 20, 2004, approval of Notification Serial # 9765
optimism over this project and the potential it brings to the
repealing the traffic control signal at the intersection of Clinton
renovation and rebuilding of Downtown Buffalo and the Inner
Street and Baitz Avenue.
Harbor; and
REFERRED TO THE COMMITTEE ON LEGISLATION AND
Whereas: For years, Elected Officials have searched for an
THE COMMISSIONER OF PUBLIC WORKS
appropriate attraction to be located in Downtown Buffalo which
would be of benefit and interest to WNY residents as well as a
NO. 100
tourist destination for out-of-towners; and
BY: MR. GOLOMBEK
Whereas: The site of the vacant Memorial Auditorium appears
CITY OF BUFFALO
to be another positive key for this project. Longtime residents of
LOCAL LAW NO. _ (2004)
the area that have waited and dreamed of a use for the historic
INTRODUCTORY NO. 4 (2004)
"Aud" find it appropriate that it is considered for a sporting
goods complex and
entertainment center; and marijuana in connection with medical use of CERTIFIED
Whereas: The Bass Pro Project will do more than create PATIENTS;
enthusiasm over new development, it is projected to create 350 and
new jobs, generate $5 million in sales tax, and have a Whereas: New Yorkers suffering from AIDS, glaucoma,
construction cost of $100 million; cancer, multiple sclerosis, epilepsy, chronic pain and other
Now, Therefore, Be It Resolved: illnesses have long sought the right to use marijuana to treat
That the Common Council of the City of Buffalo does hereby their symptoms; and
offer its support for the development of the Bass Pro Sporting Whereas: The National Academy of Sciences' Institute of
Goods Complex and Entertainment Center at the vacant Medicine has determined that "the accumulated data indicate a
Memorial Auditorium. potential therapeutic value for cannabinoid drugs, particularly
ADOPTED for symptoms such as pain relief, control of nausea and
vomiting, and appetite
NO. 102 stimulation ... For patients, such as those with AIDS or
BY: MESSRS. GRIFFIN, FONTANA., FRANCZYK- & undergoing chemotherapy, who suffer simultaneously from
THOMPSON severe pain, nausea, and appetite loss, cannabinoid drugs
SUPPORT FOR BUFFALO SPECIAL POLICE might thus offer broad spectrum relief not found in any single
VOLUNTEERS medication"; and
Whereas Originating in the City of Buffalo in the 1920's, the Whereas: The National Commission of Marijuana and Drug
Buffalo Special Police, inactive for many years, was removed Abuse reports that marijuana "has been used therapeutically
from the City Charter during the 1999 Charter Revision from the earliest records, nearly 5,000 years ago ... and its
process; and products have been widely noted for their effects, both
Whereas: Intended to complement, not replace, paid Buffalo physiological and psychological, throughout the world"; and
Police Officers, this volunteer -group o1 seccuritv officers" Whereas: The New England Journal of Medicine has stated
re-grouped and began uniformed foot patrols In South Buffalo that prohibiting "physicians from alleviating suffering by
in January 2004;and prescribing marijuana for seriously ill patients is misguided,
Whereas: Having already been seen at local attractions and heavy-handed and inhumane"; and
community events, expansion to other districts being phased in. Whereas: On May 25, 2002, The New York Times Editorial
and active recruitment of volunteers is underway; and Board declared that "Medical Marijuana can be a legitimate
Whereas: Each of the 90 volunteer members wear blue treatment for cancer patients who are nauseated by
uniforms and badges, carry firearms, batons and pepper spray, chemotherapy, AIDS patients who lose their appetites and
and have completed 120 hours of peace officer training; and other seriously ill people. In cases where a patient is
Whereas: To date their duties have included walking along considering stopping treatment because of the agony, or
assigned streets; talking to residents and local business cannot keep food down, medical marijuana can be life-saving";
employees. watching parking lots known for frequent break-ins; and
and reporting suspicious things they see and hear to the local Whereas: The New York State Nurses Association has
police officers, and endorsed the therapeutic use of marijuana, noting that
Whereas: Many residents and City Councilmembers support "Concerns about the safety of marijuana are ... misplaced,
the assistance to the Police Department from this volunteer because the drug is remarkably non-toxic. Overdosing on
force, Understanding that due to a variety of issues, the Buffalo marijuana in its natural state is virtually impossible"; and
Police Officers are in short supply in some areas at some Whereas: The New York State Nurses Association has also
times; argued that prohibiting the use of medical marijuana, "has led
Now Therefore. Be It Resolved: many desperate patients and their families to break the law to
That the Common Council of the City of Buffalo does hereby go obtain marijuana when prescribed medications proved
on record in support of the efforts of the Buffalo Special Police ineffective or too toxic. This not only puts patients at risk for
Volunteers, and criminal charges, it makes them vulnerable to contaminated
Be It Further Resolved: drugs because there is no quality control in the contraband
That the Common Council Of the City of Buffalo respectfully market"; and
requests the Buffalo Law Department outline the procedure to Whereas: The Zogby public opinion poll conducted in January
restore the Special Police to the City Charter, including any 2003, found that 66% of New Yorkers support a policy that
funding and insurance, "liability concerns the City may be would allow physicians to recommend marijuana for medical
responsible for; and purposes to seriously and terminally ill patients;
Be It Finally Resolved: Now, Therefore, Be It Resolved:
That this Honorable Body requests this resolution be referred That the Common Council of the City of Buffalo does hereby
to the Mayor of the City of Buffalo, The Police Commissioner support the adoption of A.5796 by the New York State
and the Police Benevolent Association for their comments Legislature, legalizing the possession, manufacture, sale,
concerning the restorations of the Special Police Volunteers. administration, delivery, dispensing and distribution of
ADOPT FINAL TWO RESOLVES THE REMAINDER TO marijuana in connection with medical use of certified patients;
THE COMMITTEE ON LEGISLA60 and
Be It Further Resolved:
NO. 103 That this Honorable Body requests that the Buffalo City Clerk
BY: MR. THOMPSON & MR. BONIFACIO send certified copies of this resolution to the Speaker of the
MEMORIALIZE NYS LEGISLATURE ON MEDICAL New York State Assembly, the Majority Leader of the New York
MARIJUANA LEGISLATION State Senate, Members of the Western New York State &
Whereas: Citizen groups, physicians, health organizations Federal Legislative Delegation and the Governor of the State of
and local governments in various parts of NYS have called New York.
upon the New York State Legislature to adopt A.5796 which ADOPTED
would legalize the possession, manufacture, sale, AYES –BONIFACIO, COPPOLA, DAVIS, FONTANA,
administration, delivery, dispensing and distribution of FRANCZYK, GRIFFIN, RUSSELL, THOMPSON - 8 NOES –
GOLOMBEK -1
I transmit herewith the Pension Payroll for the Police Pension
NO. 104 Fund for the months of February 2004 amounting to $7,500.00
BY: ANTOINE M. THOMPSON and request that checks be drawn to the order of the persons
APPOINTMENTS named herein for the amounts stated.
COMMISSIONER OF DEEDS Adopted.
That the following persons are hereby appointed as Ayes-3. Noes-0.
Commissioner of Deeds for the term ending December 31, No. 3
2004, conditional, upon the person so appointed certifying On motion by Mr. Franczyk, the City of Buffalo Police and Fire
under oath to their qualifications and filing same with the City Pension Board Meeting adjourned at 11:10 a.m.
Clerk:
Carl Campbell NO. 1
Bernard Howard CALL FOR SPECIAL SESSION
YuriHreshchyshyn Pursuant to Section 3.9 of the Charter of the City of Buffalo,
Gary Ptak upon the written request of Five Councilmembers, dated
ADOPTED February 10 2004 presented to you herewith, I hereby call a
Special Meeting of the Common Council, to be held in the
NO. 105 Council Chambers, City Hall, Buffalo, New York, on February
ANNOUNCEMENT OF COMMITTEE MEETINGS 12 2004 at 100 PM for the following puposes:
The following meetings are scheduled. All meetings are held in To receive and take appropriate action on:
the Common Council Chambers, 13 th floor City Hall, Buffalo, All Items Relating To
New York, unless otherwise noted. 1. 2004-2005 Annual Action Plan Proposed Spending
Regular Committees
Committee on Civil Service Tuesday, February 24, 2004 at OFFICE OF THE CITY CLERK
9:30 o'clock A.M. YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9
Committee on Finance Tuesday, February of the Charter of the City of Buffalo, upon the written request of
24, 2004 at 10:00 o'clock A.M. following Civil Service Five Councilmembers, dated February 10, 2004, DAVID A.
Committee on Legislation Tuesday, February FRANCZYK, President of the Common Council, has called a
24, 2004 at 2:00 o'clock P.M. Special Meeting of the Common Council, to be held in the
Committee on Comm. Dev. Wednesday, February 25, 2004 at Council Chambers, City Hall, Buffalo, New York, on Thursday,
10:30 o'clock A.M. February 12, 2004 at 2:00 P.M. for the following purpose
Special Committees To receive and take appropriate action on all items relating to
Budget Committee Thursday, February 19, 2004 at 1 . 2004-2005 Annual Action Plan Proposed Spending
10:00 o'clock A.M. in Room 1417 City Hall.
Bi-National Bridge Thursday, February 19, 2004 at VVE, the undersigned, members of the Common Council,
2:00 o'clock P.M. in Room 1417 City Hall hereby request that you call a Special Meeting of the Common
Legislation Committee Monday, February Council, pursuant to Section 3.9 of the Charter of the City of
23, 2004 at 9:30 o'clock A.M. in Room 1417 City Hall regarding Buffalo, for the following purpose:
the Merger of City/County Public Works & Dispatchers. To receive and take appropriate action on All items pertaining to
(Public Disclaimer): All meetings are subject to change and 1. 2004-2005 Annual Action Plan Proposed Spending
cancellation by the respective Chairmen of Council We request that this, Special Meeting be h , held -on February
Committees. In the event that there is sufficient time given for 12 2004 at 2: 00 P. M.
notification, it will be provided. In addition, there may be Richard Fontana
meetings set up whereby the Cily Clerk's Office is not made Bonnie E. Russell Joseph Golombek
aware-, therefore, unless we receive notice from the respective Dominic Bonifacio Marc Coppola
Chairmen, we can only make notification of what we are made
aware. Pursuant to Rule 2 of the Rules of Order of the Common
Council of the City of Buffalo, each of the following named
NO. 106 members of the Common Council, to wit:
ADJOURNMENT DOMINIC BONIFACIO BRIAN DAVIS
On a motion by Mr. Coppola, Seconded by Mrs. Russell, the JOSEPH GOLOMBEK BONNIE E. RUSSELL
Council adjourned at 4:00 pm MARC COPPOLA RICHARD FONTANA
CHARLES L. MICHAUX, III JAMES D. GRIFFIN ANTOINE THOMPSON
CITY CLERK hereby states that he/she received twenty-four (24) hours'
notice of the time and purpose of the Special Meeting of the
BOARD OF POLICE AND FIRE PENSION PROCEEDINGS Common Council duty called to be held on February 12, 2004
#2 OFFICE OF THE MAYOR-201 CITY HALL at 2:00 P.M.
FEBRUARY 19, 2004 Richard Fontana Bonnie E. Russell
Present:; Anthony M. Masiello, Mayor; Frank Belliotti, Deputy Joseph Golombek Dominc Bonifacio
Comptroller; David A. Franczyk, Council President-3 James T. Griffin Brian Davis
The Journal of the last meeting was approved. Marc Coppola David Franczyk
No. 1 STATE OF NEW YORK
I transmit herewith the Pension Payroll for the Fire Pension COUNTY OF ERIE) ss:
Fund for the months of February 2004 amounting to $9,815.24 CITY OF BUFFALO)
and request that checks be drawn to the order of the persons On this 10th day of February 2004, before me, the subscribers,
named herein for the amounts stated. personally
Adopted Appeared To me known to be the same persons described in
Ayes-3. Noes-0. and who executed the foregoing instrument, and they duly and
No. 2 severally acknowledged to me that they executed the same.
Gerald A. Chwalinski
Commissioner of Deeds, in and for the City of Buffalo, N.Y.
My Commission expires 12/31/04
NO. 2
DISCHARGE COMMUNITY DEVELOPMENT COMMITTEE
2004-2005 ANNUAL ACTION PLAN PROPOSED SPENDING
(ITEM 2 CCP 2/6/04)
Whereas: The above item is currently in the Community
Development Committee;
and
Whereas: It is no longer necessary for this item to be
considered by that committee;
Now, Therefore, Be It Resolved:
That this Common Council does hereby discharge the
Community
Development Committee from further consideration of this
item, and said item is now before the Council.
Seconded by Mr. Bonifacio
ADOPTED
NO. 3
CITY OF BUFFALO
ANTHONY M. MASIELLO, MAYOR
2004-2005 ANNUAL ACTION PLAN
PROPOSED SPENDING
Community Development Block Grant (CDBG)
HOME Investment Partnership Program (HOME)
Emergency Shelter Grant (ESG)
Housing Opportunities for People with AIDS (HOPWA)
Office of Strategic Planning
Timothy E. Wanamaker, Executive Director
PASSED
AYES – BONIFACIO, COPPOLA, DAVIS, FONTANA,
FRANCZYK, GOLOMBEK, RUSSELL - 7
NOES – Griffin, Thompson - 2
NO. 4
ADJOURNMENT
On a motion by Mr. Coppola, seconded by Mr. Fontana
The Council adjourned at 2:45 pm
CHARLES L. MICHAUX, III
CITY CLERK
ADOPTED.