HomeMy WebLinkAbout04-0203
No.3
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
February 3, 2004
BOARD OF EDUCATION: Antonie Thompson,
Chairman, Richard Fontana, David Franczyk, Bonnie Russell -
MAYOR members
Hon. Anthony M. Masiello
ACTING COMPTROLLER
Andrew Sanfilippo
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
I am recommending that Your Honorable Body approve the sale of 25
Arnold Street to Ms. Cheryl L. Matter and others for three thousand two
COMMON COUNCIL hundred dollars ($3,200). 1 am further recommending that the
CITY HALL - BUFFALO Corporation Counsel prepare the necessary documents for the transfer of
TUESDAY, FEBRUARY 3, 2004 title and that the Mayor be authorized to execute the same.
AT 2:00 P.M. Mr. Coppola Moved:
That the above communication from the Office of Strategic Planning,
PRESENT – President Franczyk, and Council Members Division of Real Estate, dated January 26, 2004, be received and filed;
Bonifacio, Coppola, Davis, Fisher, Fontana, Golombek Griffin and and
Russell - 8 That the offer from Ms. Cheryl L. Matter and others, residing at 21 Arnold
Street, in the sum of three thousand and two hundred dollars ($3,200.00)
ABSENT – Thompson - 1 for the purchase of 25 Arnold Street, be and hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be paid by the
ON A MOTION BY MR. COPPOLA , SECONDED BY MS. purchaser; and
RUSSELL, THE MINUTES OF THE STATED MEETING HELD ON That the transfer tax, recording fees and cost of legal description shall be
JANUARY 20, 2004 WERE APPROVED. paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the necessary
FROM THE MAYOR - EXECUTIVE DEPARTMENT documents for the transfer of title and that the Mayor be authorized to
FROM THE BUFFALO PRESERVATION BOARD execute the same, in accordance with the terms of sale upon which the
offer was submitted.
NO. 1 PASSED
"M JORDAN-COVER CONST.-REQ. APPEAL-PRES. BD. RULING AYES - 8 NOES - 0
DEMO. GAS STATION-757 MAIN ST. (#81, 12/9), (#61, 11/12),
(#111, 10/28), (#111, 9/30), (#87,92) (ELLICOTT)" (#33 CCP NO. 3
JAN.6,2004) TRANSFER OF BUFFALO ALTERNATIVE
"M. JORDAN-CLOVER CONST. REQ. APPEAL-PRES. BD. SCHOOL #35 - 266 OAK STREET
RULING TO BURA
DEMO. GAS STATION-757 MAIN ST. (#82, 12/9), (#62, 11/12), The former School #35 located at 266 Oak Street, Buffalo, New York
(#112, 9/30), (#12, 9/16) (P RES. BD.)" (#34 CCP JAN.6, 2004) was closed and referred for disposition to the Office of Strategic Planning,
(ELLICOTT) Division of Real Estate in November of 2003.
At it meeting on September 30, 2003, the Common Council The Division of Real Estate in conjunction with the Buffalo Urban
re-committed the above captioned item to the Legislation Committee for Renewal Agency prepared a request for proposals for the development of
more information. Darryl McPherson, Assistant Corporation Counsel, 266 Oak Street, which was advertised in December of 2003. Twenty-four
assigned to the Common Council, recommended that the owner (Clover (24) bid packages were sent out and four (4) proposals were received.
Construction Management, Inc. (Michael Jordan), submit to the Board The four (4) proposals were reviewed by Staff from the Office of Strategic
Part I - SEQR (Environmental Assessment Form - EAF) for Planning and selection of the developer was based on quality of the plan,
review/comment. The Environmental Assessment Form (EAF) was sent including benefits, the closing commitment and prevent the premises from
to Clover Construction on October 1, 2003 and the owner was requested becoming a blight accomplishments of the developer, capability to
to return the completed form to the Buffalo Preservation Board. Clover implement the plan and financial considerations
Construction Management, Inc. returned the EAF to the Buffalo The Office of Strategic Planning has recommended Signature
Preservation Board on October 10, 2003. Development L.L.C. Signature Development is proposing to convert the
The Preservation Board reviewed Part I - EAF for completeness, which it school into a forty-one (41) apartment unit affordable housing
was not. The Board returned the EAF with suggested revisions to Clover development. The total construction costs are 5.2 million dollars and the
Construction Management, Inc. on October 23, 2003. As of this date, the project will be financed through Alliant Capital, Ltd., using State
Preservation Board has not received the "corrected" Part I - EAF. Low-income housing tax credits and the Community Preservation
If you have nay questions, please contact Thomas W. Marchese, Corporation. Development can begin as early as March 2004.
Executive Secretary, at 851-5029. In order to facilitate the above transaction, the Buffalo Urban Renewal
REFERRED TO THE COMMITTEE ON LEGISLATION Agency is requesting the transfer of the Buffalo Alternative School (former
School #35) to them for One Dollar ($1.00). The Agency will prepare the
FROM THE OFFICE OF STRATEGIC PLANNING necessary Land Disposition Agreements between BURA and the
developer to be approved by the Agency and the Common Council.
NO. 2 Therefore, I am recommending that Your Honorable Body approve the
RESULTS OF NEGOTIATIONS transfer of former School #35, 266 Oak Street to the Buffalo Urban
25 ARNOLD, 240.04' E GRANT Renewal Agency for One Dollar ($1.00) and further authorize BURA to
VACANT LOT: 30' X 105' transfer the property to Signature Development L.L.C. for the
ASSESSED VALUATION: $3,700. consideration of One Dollar ($1.00) in order to build a affordable housing
The Office of Strategic Planning, Division of Real Estate, has received development, to be substantially completed in two (2) years time of
a request to purchase 25 Arnold Street from Ms. Cheryl L. Matter and transfer. I am further recommending that the Corporation prepare the
others, 21 Arnold Street, Buffalo, New York, 14213. Ms. Matter owns a necessary documents for the transfer of title and that the Mayor be
one family home at 21 Arnold Street, which is adjacent to 25 Arnold authorized to execute the same.
Street. She intends to use the vacant lot for extra yard space. Mr. Coppola moved:
The Division of Permit and Inspection Services and the Division of That the above communication from the Office of Strategic Planning,
Collections have no objections to the sale. There are no outstanding code Division of Real Estate, dated January 26, 2004, be received and filed;
violations, taxes, or other liens owed to the City of Buffalo by the and
purchaser. That the City of Buffalo transfer to the Buffalo Urban Renewal Agency the
The Division of Real Estate has investigated the same of similar former School #35, 266 Oak Street for one dollar ($1,00) and further
residential vacant lots in the subject area. Sales prices range from sixty authorize the BURA to transfer the propety to Signature Development
cents (.60) to one dollar and fifty cents ($1.50) per square foot. L.L.C. for the consideration of One hundred and wighty thousand dollars
The results of our negotiations are that Ms. Matter has agreed and is ($1,180.00) in order to build an affordable housing development, to be
prepared to pay three thousand two hundred dollars ($3,200), one dollar substantially completed in two (2) years time of transfer. That the
($1.00) per square foot, for the subject property. She has also agreed to Corporation Counsel be authorized to prepare the necessary documents
pay for the cost of the appraisal, transfer tax, recording fee's and cost of for the transfer of title and that the Mayor be authorized to execute the
the legal description. same.
PASSED entities affiliated with the City. The representatives' offices are open to the
AYES – BONIFACIO, COPPOLA, DAVIS, FONTANA, FRANCZYK, public whether for concerns, paying bills at Treasury (user fee, taxes,
GOLOMBEK, RUSSELL - 7 NOES –GRIFFIN - 1 permits, etc.), attending meetings, etc. There are regular hours at City
Hall for doing business. The building is not open at other times except for
FROM THE COMPTROLLER employees with card access. There are no security officers whether
during office hours or when the building is closed.
NO. 4 There is presently excess space in the building and if there is a
ABATEMENT OF UNCOLLECTIBLE reconfiguration there may be more floors unoccupied. In advance of this
ACCOUNTS RECEIVABLE (COMPT,) current excess, there was a constraint on space and record storage was
(ITEM #14, C.C.PT 6/24/03) removed from City Hall to another City-owned facility.
(-ITEM #90, C.C.P. 10/14/03) The question being asked is can the City and subsequently, should the
(ITEM 921, C.C.P. 11/12/03) City rent space in the building. The reconfigurations in the past were done
Attached is the revised copy for Abatement of Uncollectible Accounts to place like units together, and provide basement and first floor access
Receivable which explains the reasons why the bills should be abated and for heavy traffic of taxpayers (e.g. Treasury, tax, STAR, Parking,
any collections efforts made to date, The invoices for Broadway Market Adjudication). The Board of Education is located on three floors and they
Mgt Corp Totaling $362,513.56 have been abated per C.C.P. #133, should be contacted about any future plans that they may have.
10/14/2003 If we assume that rentals could be clustered in the higher floors, we would
$1,094,201.99 TOTAL be able to take a real estate appraisal of the suitability of those floors.
REFERRED TO THE COMMITTEE ON FINANCE These firms would need to have lease terms, and probably would institute
leasehold improvements to suit their needs.
NO. 5 What would it mean to us to consider tenants with differing time
CERTIFICATE OF DETERMINATION BY THE COMPTROLLER schedules, access to the building, security concerns, maintenance,
RELATIVE TO THE TERMS, FORM AND DETAILS OF SALE AND parking, etc.? The additional costs would need to be measured in terms of
ISSUANCE OF $10,285,000 REFUNDING SERIAL BONDS-2004-A what rents are needed.
(FEDERALLY TAXABLE), OF THE CITY OF BUFFALO, NEW YORK A real estate survey as part of a request for tenant interest should elicit
AND PROVIDING FOR THEIR PRIVATE SALE. requirements of tenants and possible rental rates. As the City gathers this
I, ANDREW A. SANFILIPPO, Comptroller of the City of Buffalo (herein information, it could then make decisions as to increased maintenance,
called the "City"), in the County of Erie, HER-EBY CERTIFY that security, parking arrangements and their costs.
pursuant to the powers and duties delegated to me as the chief fiscal Consideration should be given as to what rent is equitable and what effect
officer of the City pursuant to the Refunding Bond Resolution duly it would have on the downtown rental market.
adopted and as set forth in Section I hereof and subject to the limitations We assume that the Corporation Counsel's Office would opine on the
prescribed in said resolution, I have made the following determinations: legality of shared space if in fact it is a consideration.
1. Authorization, Principal Amount, Maturity Schedule and The agreements need to be approved by the Council, so the study needs
Designation $9,025,000 outstanding principal amount of General to be done First. The City needs to research this issue with other
Improvement Serial Bonds-1994-F (Federally Taxable) issued on municipalities who may have some of the answers we require.
December 21, 1994 and maturing in the years 2005-2025, inclusive; (said REFERRED TO THE COMMITTEE ON FINANCE
outstanding bonds referred to hereinafter as the "Pnior Bonds") pursuant
to a bond resolution adopted by the Common Council of the City on June FROM THE PRESIDENT OF THE COUNCIL
23, 1992 and amended on October 51, 1993 for the financing of
Crossroads Arena Site Development, shall be refunded by the issuance NO. 8
of $10,285,000 Refunding Serial Bonds-2004-A (Federally Taxable) (the RECONSTITUTE SPECIAL COMMITTEE ON EDUCATION
"Refunding Bonds" or the ','Bonds") authorized pursuant to the Refunding Dear Mr. Michaux:
Bond Resolution duly adopted by the Common Council of said City on I would like to reconstitute the Education Special Committee without
December 9, 1997 and amended on February 3, 1998, (the "Resolution"), stipend. Masten District Council Member Antoine M. Thompson will Chair
entitled: this committee. Lovejoy District Council Member Richard A. Fontana and
"Refunding Bond Resolution of the City of Buffalo, New York, authorizing University District Council Member Bonnie E. Russell will also serve on
the refunding of all or a portion of various outstanding serial bonds of said this committee, as will 1.
city, stating the plan of refunding, appropriating an amount not to exceed Thank you for your consideration in this matter.
$70,000,000 therefor, authorizing the issuance of $70,000,000 Refunding RECEIVED AND FILED
Bonds of said city, or so much thereof as may be necessary, to finance
said appropriation, and making certain determinations all relative thereto. FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION
Said Bonds shall mature on February I in the aggregate principal amounts
and bear interest in each of the years at set forth below: NO. 9
REFERRED TO THE COMMITTEE ON FINANCE CERTIORARI PROCEEDINGS
SCHULTZ, 126 OAKLAND PLACE
NO. 6 2003-04 TAX YEAR
CERTIFICATE OF NECESSITY This is to advise that the owners, John J. Schultz and Sandra Schultz,
We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo, instituted certiorari proceedings on 126 Oakland Place, Buffalo, New
Comptroller, do hereby certify, pursuant to Section 20-12 of the Charter, York, regarding the assessment for fiscal year 2003-04. The assessment
that it is necessary that the sum of $3,200.00 be transferred and was reviewed by the Department and the owner expressed a willingness
reappropriated as set forth below: to settle the proceeding.
From: The final assessment for fiscal year 2003-04 was $459,000. The owners
10103001 - 411001 Councilmember #2 -Salaries $3,200 are agreeable to a settlement, which would result in a reduction to
To: $375,000 for the 2003-04 tax year on 126 Oakland Place. The taxpayers
10102001-412002 Legislative -Hourly Salary $3,200 would be entitled to a refund of $1,751.64 for the 2003-04 year. The taxes
RECEIVED AND FILED would be reduced from $9,152.30 to $7,400.66
The district assessor and I inspected the interior of the property and
NO. 7 found a reduction to be justified. Based on a review of the current market
LEASING OF SPACE IN CITY HALL value of the property, I feel this settlement would be in the best interest of
AND OTHER CITY-OWNED BUILDINGS the City. I recommend this settlement, in which the Department of Law
ITEM NO. 68, C.C.P. 1/6/04 concurs.
The City Hall building serves two purposes at the present time. It The proposed settlement is subject to approval by Your Honorable Body. I
houses various departments of the City, the Board of Education and other therefore request that the Corporation Counsel be authorized to settle the
2003-04 certiorari proceeding on 126 Oakland Place by reducing the days after the first Council meeting at which they appear on the agenda
2003-04 assessment from $459,000 to $375,000. as an item business.
Mr. Coppola moved That part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of
That the communication from the Commissioner of Assessment and the City of Buffalo be supplemented by adding thereto the following: NO
Taxation, dated January 27, 2004, be received and filed; and PARKING
That the Corporation Counsel be, and he hereby is authorized to settle the PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD
2003-04 certiorari proceeding on 126 Oakland Place by reducing the Main Street, west side At All Times
2003-04 assessment from $459,000 to S375,000. between Delavan Avenue
PASSED and Lafayette Avenue
AYES - 8 NOES - 0 This action is being taken is being taken at the request of Canisus
College in order to provide on street parking for students, faculty and staff
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND at the college. As per the attached correspondence a parking shortage will
STREETS occur in the spring of 2004 as a result of constructing a new 286-bed
residence hall.
NO. 10
NOTIFICATION SERIAL #9914 NOTIFICATION SERIAL #9917
REPEAL NO PARKING ON MAIN STREET, REPEAL NO PARKING ON MAIN STREET,
WEST SIDE BETWEEN HUMBOLDT PARKWAY EAST SIDE BETWEEN KENSINGTON AVENUE
AND LAFAYETTE AVENUE DELAWARE AND MASTEN AVENUE DELAWARE AND
AND MASTEN DISTRICT MASTEN DISTRICTS
NO PARKING - REPEAL NO PARKING -REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City In conformity with Section 49 of Chapter 479 of the Ordinances of the City
of Buffalo, the City Engineer hereby notifies Your Honorable Body of this of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of action supplementing, amending, or repealing existing provisions of
Chapter 479 of the Ordinances, as stated below, to be effective forty five Chapter 479 of the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on the agenda days after the first Council meeting at which they appear on the agenda
as an item business. as an item business.
That part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of That part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of
the City of Buffalo be supplemented by repealing therefrom the following: the City of Buffalo be supplemented by repealing therefrom the following:
NO PARKING NO PARKING
PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD
Main Street, west side between At All Times Main Street, east side between At All Times
Humboldt Parkway and Lafayette Avenue Kensington Avenue and Masten Avenue
This action is being taken at the request of Canisus College in order to This action is being taken is being taken at the request of Canisus
provide on street parking for students, faculty and staff at the college. As College in order to provide on street parking for students, faculty an
per the attached correspondence a parking shortage will occur in the staff at the college. As per the attached correspondence a parking
spring of 2004 as a result of constructing a new 286bed residence hall. shortage will occur in the spring of 2004 as a result of constructing new
286-bed residence hall.
NOTIFICATION SERIAL #9915 NOTIFICATION SERIAL #9918
INSTALL NO PARKING ON MAIN STEET, INSTALL NO PARKING
WEST SIDE BETWEEN HUMBOLDT PARKWAY ON MAIN STEET, EAST SIDE
AND EASTWOOD PLACE DELAWARE AND BETWEEN KENSINGTON AVENUE
MASTEN DISTRICTS AND GLENDALE PLACE
NO PARKING - INSTALL DELAWARE AND MASTEN DISTRICTS
In conformity with Section 49 of Chapter 479 of the Ordinances of the City NO PARKING - INSTALL
of Buffalo, the City Engineer hereby notifies Your Honorable Body of this In conformity with Section 49 of Chapter 479 of the Ordinances of the City
action supplementing, amending, or repealing existing provisions of of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
Chapter 479 of the Ordinances, as stated below, to be effective forty five action supplementing, amending, or repealing existing provisions of
days after the first Council meeting at which they appear on the agenda Chapter 479 of the Ordinances, as stated below, to be effective forty five
as an item business. days after the first Council meeting at which they appear on the agenda
That part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of as an item business.
the City of Buffalo be supplemented by adding thereto the following: NO That part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of
PARKING the City of Buffalo be supplemented by adding thereto the following: NO
PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD PARKING
Main Street, west side between At All Times PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD
Humboldt Parkway and Eastwood Place Main Street, east side At All Times
This action is being taken is being taken at the request of Canisus between Kensington Avenue
College in order to provide on street parking for students, faculty an staff and Glendale Place
at the college. As per the attached correspondence a parking shortage will This action is being taken is being taken at the request of Canisus
occur in the spring of 2004 as a result of constructing a new 286-bed College in order to provide on street parking for students, faculty
residence hall. And staff at the college. As per the attached correspondence a parking
NOTIFICATION SERIAL #9916 shortage will occur in the spring of 2004 as a result of constructing a new
INSTALL NO PARKING 286-bed residence hall.
ON MAIN STEET, WEST SIDE NOTIFICATION SERIAL #9919
BETWEEN DELAVAN AVENUE INSTALL NO PARKING
AND LAFAYETTE AVENUE ON MAIN STREET, EAST SIDE
DELAWARE AND MASTEN DISTRICTS BETWEEN FLORIDA STREET
NO PARKING - INSTALL AND MASTEN AVENUE
In conformity with Section 49 of Chapter 479 of the Ordinances of the City DELAWARE AND MASTEN DISTRICTS
of Buffalo, the City Engineer hereby notifies Your Honorable Body of this NO PARKING - INSTALL
action supplementing, amending, or repealing existing provisions of In conformity with Section 49 of Chapter 479 of the Ordinances of the
Chapter 479 of the Ordinances, as stated below, to be effective forty five City of Buffalo, the City Engineer hereby notifies Your Honorable Body of
this action supplementing, amending, or repealing existing provisions of
Chapter 479 of the Ordinances, as stated below, to be effective forty five 2. Construction of a 28-foot wide driveway consisting of two (2) - Thirteen
days after the first Council meeting at which they appear on the agenda (13) foot driving lanes and two (2) - F Curb off sets.
as an item business. 3. Site Plan of proposed improvements must be submitted, for approval by
That part of Subdivision 24 Section 15 of Chapter 479 of Ordinances of the Department of Public Works, Parks & Streets, Buffalo Sewer
the City of Buffalo be supplemented by adding thereto the following: NO Authority, Water Division and other affected entities.
PARKING 4. Relocation of wood pole at southwest radius.
PROHIBITED PORTION OF HIGHWAY PROHIBITED PERIOD 5. That the final closing and abandonment of the street will not become
Main Street, west side At All Times final until the deed of transfer is filed with the Erie County Clerk's Office.
between Florida Street An independent appraisal of the property was conducted by Jeffrey
and Masten Avenue Hennard of G.A.R. Associates, Inc. He has estimated the value of the
This action is being taken is being taken at the request of Canisus property to be Two Thousand Six Hundred Dollars ($2,600.00), fifty cents
College in order to provide on street parking for students, faculty and (.50) per square foot. The appraisal report has been reviewed by the
staff at the college. As per the attached correspondence a parking Appraisal Review Board and the Board agrees with the Appraiser's
shortage will occur in the spring of 2004 as a result of constructing a estimate of value and recommend a sale price of Two Thousand Six
new 286-bed residence hall. Hundred Dollars ($2,600.00).
NOTIFICATION SERIAL # 9920 As a result of negotiations with the Div. Of Real Estate Peter Battaglia has
INSTALL ONE-WAY STREET DIRECTION agreed to the conditions and is prepared to pay Two Thousand Six
ROBERTS AVENUE - SOUTHBOUND FROM Hundred Dollars (2,600.00) for the subject property. He has also agreed
CLINTON STREET TO ROESSER AVENUE to pay for the cost of the appraisal, transfer tax, recording fees and cost of
ITEM NO. 77, C.C.P. 10/28/03 the legal description.
ONE-WAY STREET DIRECTION - INSTALL REFERRED TO THE COMMITTEE ON COMMUNITY
In conformity with Section 49 of Chapter 479 of the Ordinances of the City DEVELOPMENT
of Buffalo, the City Engineer hereby notifies Your Honorable Body of this
action supplementing, amending, or repealing existing provisions of NO. 12
Chapter 479 of the Ordinances, as stated below, to be effective forty five CHANGE IN CONTRACT
days after the first Council meeting at which they appear on the agenda CITY HALL
as an item business. ELEVATOR MODERNIZATION-LOW RISE
That that part of' Section 22 of Chapter 479 of Ordinances ofthe City of JOB NO. 0326
Buffalo be supplemented by adding thereto the ELLICOTT DISTRICT
following: ONE WAY STREET DIRECTION I hereby submit to Your Honorable Body the following changes for Job
NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT No. 0326, City Hall, Elevator Modernization, Low Rise, DCB Elevator Co.,
Roberts Avenue from southbound Inc., C #92010806.
Clinton Street to Roesscr Avenue 1. Install new special 3 layer blank covers over existing Add $ 4,377.50
This action is being taken in order to alleviate concerns about truck traffic hall call buttons for automatic elevators PE3 & PE4.
at the request of the District Councilmember and the residents of Roesser 2. Furnish and install 5 new bronze car doors. Add $ 7,750.00
Avenue. The foregoing change results in a net increase in the contract of Twelve
NOTIFICATION SERIAL # 9921 Thousand One Hundred Twenty Seven and 50/100 Dollars ($12,127.50).
REPEAT STOP SIGNS Summary: Current Contract Amount $885,000.00
IN ROBERTS AVENUE Amount of This Change Order (#1) Add $ 12,127.50
AT CLINTON STREET Revised Contract Amount $897,127.50
STOP SIGNS -REPEAL Costs have been reviewed by the Consulting Architect (DiDonato
In conformity with Section 49 of Chapter 479 of the Ordinances of the City Associates) and the Department of Public Works, Parks & Streets and
of 'Buffalo, the City Engineer hereby notifics Your Honorable Body of this were found to be fair and equitable. Funds for this work are available in
action supplementing, amending, or repealing existing provisions of 36322206 445100 - Division of Buildings.
Chapter 479 of the Ordinances. as stated below, to be effective forty five I request that Your Honorable Body authorize the Commissioner of Public
days after the first Council meeting at which they appear on the agenda Works, Parks & Streets to issue a change order to the contractor as set
as an item business. forth above.
That that part of 'Subdivision 9 Section II of Chapter 479 of Ordinances of Mr. Coppola Moved:
the City of Buffalo be supplemented by repealing therefrom the following: That the above communication from the Commissioner of Public Works,
STOP SIGNS Parks and Streets dated January 22, 2004, be received and filed; and
VEHICLES ON SHALL STOP BEFORE ENTERING That the Commissioner of Public Works, Parks and Streets be, and he
Roberts Avenue Clinton Street hereby is authorized to issue change order No. 1, to DCB Elevator Co.,
This action is being taken in conjunction with changing Roberts Avenue to Inc., an increase in the amount of $12,127.50, as more fully described in
a southbound one way street. (See previous serial.) the above communication, for work relating to Job No. 0326, City Hall,
RECEIVED AND FILED Elevator Modernization, Low Rise, C #92010806. Funds for this project
Waive 45 Days are available in CPF 36322206 445 100 - Division of Buildings.
PASSED
NO. 11 AYES - 8 NOES - 0
ABANDONMENT AND SALE OF SCATCHARD PLACE,
ALONG PROPERTY LINE OF 136 & 142 PEABODY NO. 13
FILLMORE DISTRICT Change in Contract
#114 OF CCP 12/26/01 Fire Engine #33
Our Department has received a request from Mr. Peter Battaglia, 631 Floor Slab Replacement
Bullis Rd, Elma, NY 14059 for the purchase of Scatchard Place. Mr. Job No. 0327
Battaglia owns Battaglia Demolition, Inc. a recycling facility at 1037-1055 Masten District
Seneca St. and adjoining vacant lots at 136 & 142 Peabody St. Scatchard I hereby submit to Your Honorable Body the following changes for Job
P1. is situated directly between 136 & 142 Peabody St. Mr. Battaglia No. 0327, Fire Engine #33,
intends to widen the Scatchard Pl. entrance, which leads to his recycling Floor Slab Replacement, The Peyton Barlow Co., C #92010830.
facility. The Department of Public Works, Parks & Streets has no 1 . Work required to remove damaged soil stack and replace with
objection to the abandonment and sale provided that the following new PVC double Y with clean out. Add $ 1,082.00
conditions are met: 2. Emergency work to boiler pilot assembly necessary for boiler to cycle
1. All construction costs are at the expense of Battaglia Demolition, Inc. properly. Add $ 384.00
3. Work necessary to restore power to apparatus room outlets and 560 Walden Avenue
communication panel. Add $ 1,363.00 General Contract No. 92010824
The foregoing change results in a net increase in the contract of Two (Fillmore)
Thousand Eight Hundred Twenty Nine and 00/100 Dollars ($2,829.00). (item No. 39 , C.C.P. 7/22/03
Summary: I hereby submit to Your Honorable Body the following increase in
Current Contract Amount $119,536.00 contract for additional remediation related to removal of underground
Amount of This Change Order (0) Add $ 2,829.00 storage tanks at 560 Walden, Contract #92010824:
Revised Contract Amount $122,365.00 Add all labor, trucking and disposal fees for the removal of:
Costs have been reviewed by the Consulting Engineer (Jansen Kiener additional disposal of gasoline Add $ 200.00
Consulting Engineers) and the Department of Public Works, Parks & additional drums (2) of fuel oil Add $ 400.00
Streets and were found to be fair and equitable. Funds for this work are additional drums of (3) waste oil Add $ 720.00
available in 36322206 445100 - Division of Buildings. 569.73 additional tons of contaminated soil Add $25,637.85
I request that Your Honorable Body authorize the Commissioner of Public 226.55 additional cubic yards of clean fill to properly grade the excavation
Works, Parks & Streets to issue a change order to the contractor as set Add $ 5,437.20
forth above. contaminated ground water Add $ 4,000.00
Mr. Coppola Moved: Total $36,395.05
That the above communication from the Commissioner of Public Works, CONTRACT SUMMARY:
Parks and Existing Contract Amount $27,517.00
Streets dated January 22, 2004, be received and filed; and This Increase $36,395.05
That the Commissioner of Public Works, Parks and Streets be, and he New Contract Amount $63,912.05
hereby is authorized to issue change order No. 3, to The Peyton Barlow The project Engineer, Benchmark Environmental Engineering & Science,
Co., an increase in the amount of $2,829.00, as more fully described in PLLC has reviewed and recommended these changes and costs. Funds
the above communication, for work relating to Job No. 0327, Fire Engine are available in Bond Account 35030306.
#33, Floor Slab Replacement, C #92010830. Funds for this project are I recommend that Your Honorable Body authorize the Commissioner of
available in CPF 36322206 445 100 - Division of Buildings. Public Works, Parks and Streets to issue a change order to Nature's Way
Passed as outlined above.
AYES - 8 - NOES - 0 REFERRED TO THE COMMITTEE ON FINANCE
No. 14 NO. 17
Change in Contract Notice of Public Information Meeting
Shea's Performing Arts Center Tifft St.Greenway-PIN#5756.79
Phase I - Exterior Restoration Outer Harbor Trail - PIN #5756.74
East Wall & Main St. Facade SOUTH
Job No. 0335 The City of Buffalo, Niagara Frontier Transportation Authority (NFTA) and
I hereby submit to Your Honorable Body the following changes for Job No. Erie County are sponsoring a joint public information meeting on
0335, Shea's Performing Arts Center, Phase 1, Exterior Restoration, East Wednesday, February 18, 2004, from 5:00 P.M. -8:00 P.M. to be held at
Wall & Main St. Facade, General Construction, Rodems Construction, C the Valley Community Center - 93 Leddy St., Buffalo, NY. The purpose of
#92010815. this meeting is to start public dialogue for the design and construction of
1. Delete additional sill pieces for Location 4. Deduct $ 815.00 multi-use pedestrian/bicycle recreational trails for the following projects,
The foregoing change results in a net decrease in the contract of Eight which are part of the Federally funded Erie/Niagara Area Wide
Hundred Fifteen and 001100 Dollars (-$815.00). Transportation Improvement Program (TIP):
Summary: 1. Tifft Street Greenway - PIN #5756.79 (City of Buffalo)
Current Contract Amount $1,772,059.00 2. Port / Outer Harbor Waterfront Trail - PIN #5756.74 (NFTA & Erie
Amount of This Change Order (#3) Deduct $ 815.00 County)
Revised Contract Amount $1,771,244.00 The meeting will begin with an open house at 5:00 P.M. and a brief
Costs have been reviewed by the Consulting Architect (Kideney Archites) presentation at 6:00 P.M. followed by an open forum public meeting
and the Department of Public Works, Parks & Streets and were found to where representatives from the City, NFTA, Erie County and the design
be fair and equitable. Funds for this work are to be credited to 36322206 consultants will address questions and comments.
445100 - Division of Buildings. Public input is a key element to the success of these projects. All
Mr. Coppola Moved: interested persons and organizations are encouraged to attend this
That the above communication from the Commissioner of Public Works, meeting to familiarize themselves and provide ideas and perspectives to
Parks and the design team. For further information, contact Daniel E. Kreuz, P.E.,
Streets dated January 5, 2004, be received and filed; and City Engineer at (716) 851-5631.
That the Commissioner of Public Works, Parks and Streets be, and he REFERRED TO THE COMMITTEE ON COMMUNITY
hereby is authorized to issue change order No. 3, to Rodems DEVELOPMENT
Construction, a decrease in the amount of $815.00, as more fully
described in the above communication, for work relating to Job No. 0335, NO. 18
Shea's Performing Arts Center, Phase 1, Exterior Restoration, East Wall Share Cost of Solid Waste Disposal with
& Main St. Facade, General Construction, C #92010815. Funds for this Broadway Market
project are to be credited to 36322206 445 100 - Division of Buildings. Item No. 152, C.C.P. 01/20/04
Passed The referenced item was sent to this department for comment.
AYES - 8 - NOES - 0 This department participated in negotiations with the Broadway Market,
along with the Mayor and the Fillmore District Council Member. We agree
No. 15 with the proposal to share the cost of solid waste disposal, and we
Deicing Alternatives recommend Common Council approval.
Please be advised that this department is investigating several REFERRED TO THE COMNIITTEE ON FINANCE
alternatives to rock salt for deicing our roads. I will
keep the Common Council informed of our findings. NO. 19
REFERRED TO THE COMMITTEE ON LEGISLATION Voluntary Energy Curtailment
CCP 176, Sept. 30, 2003, "Voluntary Curtailment Incentive
NO. 16 Program".
Increase in Contract The Department is currently pursuing possible City participation in the
Underground Storage Tank Removal New York Independent System Operators Voluntary
Energy Curtailment Incentive Program. The correct. I have caused an investigation into the premises for which said
program provides for participants to be application for a used car dealer license is being sought an according to
compensated for demand load reduction in order to the attached reports from the Zoning Office, Fire Department and Building
help provide the NYISO establish back-up Inspections, I find it complies with all regulations and other applicable
generation and reserve power. A list of City laws. I have caused an investigation by the Police Department into the
buildings that appear to meet the criteria has been more character of Edward Miller. The attached thereto for Edward Miller.
prepared, and Niagara Mohawk has been requested d/b/a E. M. Auto. This request is submitted for YOL approval or whatever
to provide a two-year history for each building. Once action you deem appropriate.
that information is analyzed, an effort will be made REFERRED TO THE COMMITTEE ON LEGISLATION
to evaluate the City's optimum level of participation
in the program. FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
It appears that the City could generate some revenue from participation in
this program. There are no financial penalties if participants do not NO. 24
perform, other than they will not get paid and could be "de-rated" for the Health Care Rating
next seasonal session. Item 132 C.C.P. January 20, 2004
The Department will continue to pursue this program, and will keep you This item was properly referred to Human Resources Commissioner
updated regarding any developments. Matarese. Commissioner Matarese has been meeting with various
REFERRED TO THE COMMITTEE ON LEGISLATION healthcare providers to undertake the very analyses that the resolution
speaks to. Preliminarily, we expect to see savings in Independent Health
NO. 20 premiums by moving to an experience rating as opposed to our current
Water Rate Increase community rating. It should be noted that in the past the administration
Item No. 136, C.C.P. 01/20/04 has undertaken several such analyses and each time we discovered that
This department and the Buffalo Water Board were asked to comment the City was better off under a community rating. However, as the
on the referenced item. This response will serve as administration has successfully negotiated health care concession with
a response from both agencies. the City's bargaining units, we have seen the healthier members of the
The Buffalo Water Board discussed this issue at their meeting of January workforce move to Independent Health, the non-contributory plan. It is this
14, 2004. The Board tabled the issued until their February meeting. movement that has produced the potential benefit identified in the
REFERRED TO THE COMMITTEE ON FINANCE resolution.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF POLICE
FROM THE COMMISSIONER OF COMMUNITY SERVICES
NO. 21
City of Buffalo, Police Department NO. 25
Federal Asset Forfeiture Account Juvenile Justice Grant Program
Annual Certification Report and Audit The Department of Community Services has applied for and received a
For fiscal year ending June 30, 2003 fully executed contract for a grant of $3,005.00 from the New York State
Please be advised that the Buffalo Police Department Accounting Department of Criminal Justice Services to refund a Planning and
staff completed the above Federal Asset Forfeiture account certification Administration grant from the Year 2003. The Mayor has approved the
report that encompasses all revenues received and expenditures for the program and signed the contract supporting this effort. The Department
fiscal year ending June 30, 2003. The independent auditing firm of of Community Services requests the following action from the Council:
"Toski, Schaefer and Company, P.C", subsequently audited this report Please grant the Department of Community Services permission to
and other related financial documents. Enclosed please find one copy of accept the contract.
the auditors report for distribution to each of the nine Council Members, Goal: The goal of this is the planning for and administration for Federal
a copy for the Chief of Staff and a copy to be retained at the City Clerk's Juvenile Justice and Delinquency Prevention Acts funds received by the
Office. Also, please note a copy has already been forwarded to the City.
Mayor and to the Budget Office. Benefit to the City: The City of Buffalo will receive $3,005.00 for
This report is available as a public record for inspection by all interested reimbursement for fringe benefits spent in year 2003.
parties. REFERRED TO TH E COMMITTEE ON FINANCE
Pursuant to Section 35 of the General Municipal Law, the Common
Council of the City of Buffalo may, at its discretion, prepare a written NO. 26
response to the report of external audit and file such response with the SECOND QUARTERLY REPORT ON TUE
City Clerk as a public record for inspection by all interested persons. DIVISION OF SUBSTANCE ABUSE
If you have any further questions, please contact Budget Examiner John SERVICES
Stanchak at 851-5903. Attached, please find the Second Quarterly Report 2003 - 2004 on the
REFERRED TO THE COMMITTEE ON FINANCE Division of Substance Abuse Services.
RECEIVED AND FILED
FROM THE COMMISSIONER OF FIRE
FROM THE COMMISSIONER OF HUMAN RESOURCES
NO. 22
Return from unpaid military leave NO. 27
Be advised that Firefighter James Otwell has returned from his unpaid City/County Merger of Public Works & Dispatchers
military leave of absence effective 1-1-2004. (#155 CCP, 20 JAN 04)
RECEIVED AND FILED Council Requests
Reference is made to Council Requests identified below. To reduce
FROM THE COMMISSIONER OF PERMIT & INSPECTION paperwork and expedite my response I am submitting my response to all
SERVICES four requests as follows:
To date I have attended several meeting with BFSA and Eire County
NO. 23 representatives. These meetings have focused on the complexity of any
Used Car Dealer type of merger, all of which would include obstacles which would have to
1719 William St. (Lovejoy) be addressed such as contract issues, PERB decisions and rules, City
Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be Charter, County Charter, state law mandates, etc. Additionally, potential
advised that I have examined the attached application for a Used Car savings from such a merger, if achievable, have yet to be quantified. To
Dealer License located at 1719 William Street and find that as to form is my knowledge there is no formal plan that has been agreed upon. Once I
receive such a plan I would then commence discussions with the affected my knowledge there is no formal plan that has been agreed upon. Once I
unions for the purpose of negotiating approval to such a plan. I will advise receive such a plan I would then commence discussions with the affected
Council if and when this occurs. unions for the purpose of negotiating approval to such a plan. I will advise
Health Care Rating (#132 CCP, 20 JAN 04) Council if and when this occurs.
For the past several months this department has been engaged in a Health Care Rating (#132 CCP, 20 JAN 04)
review of health insurance usage. We have sought actual usage data For the past several months this department has been engaged in a
from Blue Cross (BC) and Independent Health (IH) both for medical care review of health insurance usage. We have sought actual usage data
as well as prescriptions. We have met several times with IH to review their from Blue Cross (BC) and Independent Health (IH) both for medical care
data and have our first meeting with BC scheduled for next week. as well as prescriptions. We have met several times with IH to review their
It appears that usage of health insurance and prescriptions by city data and have our first meeting with BC scheduled for next week.
employees who are covered by IH is significantly lower than in the past It appears that usage of health insurance and prescriptions by city
and that there may be a meaningful cost savings by changing to an employees who are covered by IH is significantly lower than in the past
experience-rating base from the current community rating base. I have and that there may be a meaningful cost savings by changing to an
requested a formal proposal from IH showing each option and I have experience-rating base from the current community rating base. I have
specifically requested that they provide us with a 2 year proposal which requested a formal proposal from IH showing each option and I have
would allow us in the second year to return to community based rating if specifically requested that they provide us with a 2 year proposal which
the experience rating becomes more expensive due to an upturn in usage would allow us in the second year to return to community based rating if
during the first year. It would be critical that we have in place such the experience rating becomes more expensive due to an upturn in usage
protection before moving from community rating to during the first year. It would be critical that we have in place such
experience rating because the financial swing could be extreme with only protection before moving from community rating to
a handful of catastrophic cases. experience rating because the financial swing could be extreme with only
The Blue Cross usage may be considerably different than the IH usage a handful of catastrophic cases.
since there is a different population (primarily police and fire) who have The Blue Cross usage may be considerably different than the IH usage
historically had high usage rates. Our retiree group is virtually exclusively since there is a different population (primarily police and fire) who have
Blue Cross. historically had high usage rates. Our retiree group is virtually exclusively
I will advise Council once we have the full reports from each carrier. Blue Cross.
Health Care Dependent Audit (#131 & 124, 20 JAN 04) I will advise Council once we have the full reports from each carrier.
I, along with Council Members Fontana and Coppola attended a Health Care Dependent Audit (#131 & 124, 20 JAN 04)
presentation by BUDCO Company, an organization that specializes in 1, along with Council Members Fontana and Coppola attended a
conducting dependent reviews of health insurance programs. Essentially presentation by BUDCO Company, an organization that specializes in
this means an audit to insure that the individuals who are covered by the conducting dependent reviews of health insurance programs. Essentially
plan are legally permitted to be on the plan. For example, children over the this means an audit to insure that the individuals who are covered by the
covered ages, former spouses, deceased individuals are often not plan are legally permitted to be on the plan. For example, children over the
removed from plans and result in significant, unnecessary expenses to an covered ages, former spouses, deceased individuals are often not
employer. removed from plans and result in significant, unnecessary expenses to an
Assemblyman Sam Hoyt organized this presentation and invited employer.
representatives from not only city government but also School Board, Assemblyman Sam Hoyt organized this presentation and invited
BMHA, the Sewer Authority as well as representatives of federal, state representatives from not only city government but also School Board,
and county governments. Mr. Hoyt advised that he had met with the State BMHA, the Sewer Authority as well as representatives of federal, state
Comptroller's Office about such a program being implemented statewide. and county governments. Mr. Hoyt advised that he had met with the State
When speaking with BUDCO representatives today they indicated that Comptroller's Office about such a program being implemented statewide.
they were currently working with the Comptroller's Office on such a When speaking with BUDCO representatives today they indicated that
statewide implementation. Thus, as a result of attending this presentation, they were currently working with the Comptroller's Office on such a
we could find ourselves on the leading edge of a state wide, major cost statewide implementation. Thus, as a result of attending this presentation,
reduction, effort. we could find ourselves on the leading edge of a state wide, major cost
I have subsequently followed up on this matter and am preparing an RFP reduction, effort.
so that we might seek these types of services. It is my opinion that the city I have subsequently followed up on this matter and am preparing an RFP
could experience significant savings by more effectively auditing so that we might seek these types of services. It is my opinion that the city
dependent coverage. Given that we do not have a true centralized Human could experience significant savings by more effectively auditing
Resources / Personnel function for the city (let alone for the "covered dependent coverage. Given that we do not have a true centralized Human
entities) it seems obvious to me that this is an action we must take. Resources / Personnel function for the city (let alone for the "covered
I am including the cost for such an audit in my proposed budget (as well entities) it seems obvious to me that this is an action we must take.
as the cost for a risk management audit). I would urge Common Council I am including the cost for such an audit in my proposed budget (as well
to not only approve such expenditures but also to insist that the School as the cost for a risk management audit). I would urge Common Council
Board, BMHA and Sewer participate in the audit. to not only approve such expenditures but also to insist that the School
Please do not hesitate to contact me personally if I can answer any Board, BMHA and Sewer participate in the audit.
questions you may have on these or any other issues concerning the Please do not hesitate to contact me personally if I can answer any
Human Resources Department. questions you may have on these or any other issues concerning the
REFERRED TO THE COMMITTEE ON LEGISLATION Human Resources Department.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 28
Council Requests NO. 29
Reference is made to Council Requests identified below. To reduce Article 11-7, City Charter
paperwork and expedite my response I am submitting my response to all The above referenced article requires that the Director of Personnel file
four requests as follows: with the Mayor and Common Council a comprehensive report annually
City/County Merger of Public Works & Dispatchers (#155 CCP, 20 with recommendations for the reduction or consolidation of positions
JAN 04) which will balance budgetary savings with effective city operations.
To date I have attended several meeting with BFSA and Eire County As you are aware, the position of Director of Personnel was eliminated as
representatives. These meetings have focused on the complexity of any a budget cut in FY 2003-2004 budget.
type of merger, all of which would include obstacles which would have to Accordingly I am submitting this report in the absence of a Director of
be addressed such as contract issues, PERB decisions and rules, City Personnel. As you know I was integrally involved in the preparation of the
Charter, County Charter, state law mandates, etc. Additionally, potential plan that was submitted by the Mayor to Common Council and ultimately
savings from such a merger, if achievable, have yet to be quantified. To
adopted by the Council and the BFSA. It would clearly be redundant to REFERRED TO THE COMMITTEE ON COMMUNITY
revisit the plan at this time. DEVELOPMENT
It is my recommendation that the plan as adopted currently reflects the
appropriate staffing levels for the City given the current financial situation NO. 35
and that we should remain on that plan unless there is a change in the M. COYLE-INFO CRITICAL MASS POLICE DEPT INCIDENT
city's financial situation. We spoke last week about an incident last May between members of the
RECEIVED AND FILED Buffalo Police Department and a group of bicyclists, Critical Mass. Critical
FROM THE CITY CLERK Mass is not an organization, but a bicycle ride. I was injured, arrested,
harassed and endangered a Buffalo police officer. Eight other individuals
NO. 30 were arrested in the course of that incident. The group of individuals
LIQUOR LICENSE APPLICATIONS endured a 6-day trial in November. I was one of several found not guilty of
Attached hereto are communications from persons applying for liquor any charge.
licenses from the Erie County Alcohol Beverage Control Board. I spoke to you because the Erie County DA's office has informed me that
Address Business Name Owner's Name they do not prosecute police officers for perjury. Any formal complaint
414 Pearl St. K. Townsell, Agent against Mr. Clark for his malicious prosecution of me and some of my
RECEIVED AND FILED co-defendants, and dereliction of duty. are between his office and me.
The BPD messed up, then tried to shift blame. I dislike. cowardice. When
NO. 31 it takes the form of abusing the power of the state, I take exception.
LEAVES OF ABSENCE WITHOUT PAY Many people have implied that I was found to be not guilty because I'm
I transmit herewith notifications received by me, reporting the granting likeable, white and middle-class, or that I am making a mountain out of
of the leaves of absence without pay, in the various departments as listed: molehill. I've also gotten some lip about my complaints about my physical
Comptroller- James S. Pajak injuries: "Worse things happen to blacks all the time" or "You think that's
RECEIVED AND FILED. bad? They murdered Mark Virginia". It's true that I’m likeable, white and
middle-class; I am also not guilty of any of the many charges leveled me
NO. 32 by the brave and trustworthy police lieutenant whose oath means nothing
NOTICES OF APPOINTMENTS - COUNCIL INTERNS to him and who bits women when they're down. ( do not consider this to
I transmit herewith appointments to the position of Council Intern. be a molehill because J) I have seen the police behave badly in other like
Mr. Coppola moved the approval of the appointments to the position of situations and believe that their incompetence at assessing situations is a
Council Intern danger to the public. (2) This incident happened in broad daylight at a
ADOPTED. busy intersection. If the police behave this badly in full view of 100 people,
CERTIFICATE OF APPOINTMENT what do they do when there is no scrutiny' who will protect us from our
Appointment Effective: February 3, 2004 in the Department of Common protectors? I insist that some public accounting be done.
Council to the Position of Intern I Seasonal, Non-Competitive I remain
at the Flat Starting Salary of $ 7.00/hr RECEIVED AND FILED
Alonzo Barnes, 511 Cambridge Avenue, Buffalo, New York 14215
Joel D. Tucks, 417 Wyoming Avenue, Buffalo, New York 14215 NO. 36
Alvin Thomas, 22 Mapleridge Avenue, Buffalo, New York 14215 B. DAVIS-D PAWLIK-SAVARINO CONST REQ PURCHASE OF 700
MICHIGAN
NO. 33 Presently, our company is working with the Western New York MRI
NOTICES OF APPOINTMENTS - SEASONAL/FLAT Center to construct a new" 30,000 square foot facility on the vacant parcel
I transmit herewith certificates received by me, reporting seasonal and of land at 700 Michigan.
flat salary appointments made in various departments. For the past several weeks I have attempted to secure a parcel of land
RECEIVED AND FILED. located at 709 Michigan. It is out intention to purchase and develop this
CERTIFICATE OF APPOINTMENT site for our "off-street" parking for the proposed development.
Appointment Effective 1/26/2004 in the Department of I am requesting your assistance and support in working with the current
ADMINISTRATION & FINANCE, Division of INVENTORY & STORES owner of 709 Michigan so that we may quickly move forward-Qn the
to the Position of LABORER II, SEASONAL Appointment at the flat development of the new medical facility.
Starting Salary of $8.15/hr Sincerely,
LAKEITH WATTS, 149 E. AMHERST, BUFFALO NY 14214 RECEIVED AND FILED
CERTIFICATE OF APPOINTMENT
Appointment Effective January 26, 2004 in the Department of NO. 37
Assessment and Taxation to the Position of Clerk , Seasonal B. DAVIS-M. MOSCATI ETC - 800 BLOCK DEMOLITION REQUEST
At the FLAT Starting Salary of $8.15/hour It has come to the attention of the Allentown Association and the
Maryann Alongi, 87 Rebecca Park, Buffalo NY 14207 residents of North Pearl that Zepto Metrix Corporation of 872 Main Street
Keiattiaye Chinn, 249 Hoyt Street, Buffalo NY 14213 has requested demolition of various portions of the historic fabric of the
800 block of Main Street within the Allentown Historic Preservation
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND District in order to provide for a surface parking lot. This letter is offered to
REMONSTRANCES the Preservation Board to advise you of the mutual strong opposition to
Zepto Metrix's request for demolition from both the Allentown Association
NON-OFFICIAL COMMUNICATIONS and the residents North Pearl,
The request first came to our attention during the review of 800 block
NO. 34 proposals made to BURA for designated developer status of BURA
A. BRUCE-CAMPBELL-PEACE BRIDGE EXPANSION PROJ PROJ controlled properties. The special committee that was formed by the City
MILESTONE I RAT OF FINAL SCOP DOC to review the seven submitted proposals unanimously rejected Zepto
Enclosed is Addendum Number 1 to the final 29 October 2003 Scoping Metrix's proposal to demolish 878 Main Street. At a subsequent BURA
Document/ Alternative Screening Report dated 26 January 2004 for meeting, Zepto Metrix requested that the committee consider the
ratification by the Partnering Group. This addendum has been previously demolition of another building on the same block, the old Summit
transmitted to staff for review and concurrence and was approved by Distributing building at 918 Main., which was also unanimously rejected.
FHWA. We trust this meets the requirements of the Partnering Group. Next word came that the City Division of Real Estate was going to make
Please transmit your signed resolution(s) to this office at your earliest an application to the Preservation Board to have 918 Main demolished.
convenience for transmittal to FHWA. We have been informed that the This information was circulated among the Allentown community and
addendum is within the bounds of the resolution to ratify the SD/ASR by North Pearl residents. All of the numerous responses received by the
the Town of Fort Erie, please confirm this understanding in writing.
Association have indicated a strong opposition to the request based on REFERRED TO THE COMMITTEE ON LEGISLATION AND THE
numerous reasons: COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
demolition would cause irreparable harm to a historic streetscape in a
historic district that the community has been fighting to save for the last NO. 39
15 years R. FONTANA –W. BERRY-ETC INCLUSION TASK FORCE HUMAN
Zepto knew what the parking situation was when they purchased the SERVICES FAC USE PERMIT ORDINANCE
building and also were aware they were in a preservation district, thus Hon. Richard Fontana, Chair
causing a self-created hardship Dear Councilmember Fontana:
No demolition can take place without an approved replacement plan On behalf of the member agencies of the Inclusion Task Force (ITF), we
the property is within the transit overlay district which does not allow new want to thank you for permitting representatives of our coalition to speak
surface parking lots along Main Street at the December 30 meeting of the Legislation Committee and for your
the proposed demolition goes against the City's comprehensive strategic invitation to set down on paper our concerns about the City's current Use
master plan Permit Ordinance, which restricts the operation of a broad range of
both 878 and 918 Main are prime examples of the kind of building that human service agencies.
could easily be converted into mixed use loft office and housing As explained briefly during testimony on the 30th, the existing Ordinance
the 800 block is an integral part of creating a pedestrian shopping path (Code of the City of Buffalo, Sec. 511-136.) is an example of a
from downtown Main Street up to Allen Street and over to Elmwood well-intentioned measure which has a discriminatory effect. Whereas, for
Avenue example, a psychologist is permitted to lease space and open for
From the overwhelming response in opposition to the demolition proposal business in any appropriately-zoned location, a non-profit human service
from the North Pearl residents and Allentown members, as well as the organization seeking to open (or even expand) a counseling center in the
numerous reasons why demolition of a historic structure in a historic same appropriately-zoned location must bear the additional burden of
district is counter to planning and policy objectives of the City, it is without seeking a Use Permit. Since 1995 the permit process has often fanned
hesitation that on behalf of the Allentown Association and the residents of the flames of misunderstanding and sometimes intolerance. Our proposal
North Pearl, we ask that the City of Buffalo Preservation Board deny the seeks to moderate these biased outcomes.
application by Zepto Metrix. The members of ITF support the recent amendment by Councilmember
RECEIVED AND FILED Bonifacio to de-politicize the permit process by shifting decision-making to
the Zoning Board of Appeals, and our proposed ordinance could be easily
NO. 38 amended to substitute the Zoning Board for the Planning Board. However,
R. FONTANA & M COPPOLA-TORONTO GLOBE TURNS TO BRINE we are concerned about other recent changes in the Use Permit
TO MELT ICE ON ROADS Ordinance which make that statute more susceptible to the sort of
Article available for review in the City Clerk’s Office. arbitrary and capricious application which led to the Attorney General's
It might startle some drivers to see a salt truck spraying what looks like criticisms in November 2002.
water on a Toronto road before a snowstorm - but looks can be deceiving. No objective standard for determining concentration
The city has started spraying brine - a mixture of salt and water - on the The ordinance first enacted in 1995 sought to avoid any undue
streets this year instead of rock salt, to make for a cleaner environment concentration of facilities by establishing the standard that an area would
and, city officials say, safer roads. be considered saturated if more than five percent of the uses within a
"A lot of cities are getting into it," said Gary Welsh, the city's director one-half mile radius of a proposed facility are similar facilities regulated by
of transportation services. the statute. However, while recent amendments require the Zoning Board
Toronto has been dumping about 140,000 tons of salt each winter on to consider concentration in making its determinations, they removed the
its roads. But salt does not melt snow and ice to any degree. The salt five percent standard. We are concerned about making such
must mix with the water in the snow or ice to form brine, which then determinations in the absence of any objective standard, especially given
spreads and causes melting because it has a lower freezing point than the Attorney General's findings.
water. For this reason, the proposed Human Services Facilities Permit legislation
Mixing the salt with water ahead of time includes an objective standard, providing- "The [Zoning Board] will
speeds the process, Welsh stud. The change also will require less salt, determine whether or not more than five percent of the parcels within a
allowing the city to meet its goal of reducing salt use by 25. percent in the one-half mile radius of the proposed facility are devoted to uses regulated
next three years, he said. under this article." If there is no concentration, a permit would be issued,
That will save 'the city close to $2 million a year and should cover the with no room for arbitrary and capricious denials unrelated to the
cost of retrofitting the city's 185 salt trucks with water tanks. So far, 45 of anti-concentration purpose of the Ordinance. If there is concentration, the
the trucks have been modified, and the city is also using 10 special brine HSFP ordinance requires a public notice by the City and solicitation of
tankers. written comments from the District Councilmember. It also allows a public
The city's salt management plan calls for a reduction in road salt hearing before any permit is issued. What's more, in instances of
use for both financial and environmental reasons. Road salt - identified as concentration, the City may approve or reject an applicant or grant
a toxic substance by Environment Canada -has been shown to seep into conditional approval. The HSFP even provides a mechanism to assure
waterways and harm the environment. compliance with any such conditions.
Welsh said Toronto officials looked at the experience of other cities in Burdens placed upon applicants and the disabled poor
Canada, the United States and Finland and found that using brine Under the current Ordinance, in addition to providing a "detailed
not only reduced salt use, but allowed trucks to cover more roads more description of the proposed use" (including the number of people to be
quickly. served, the hours of operations, and a description of proposed programs),
Unlike rock salt, if brine is sprayed on before a. storm, it will stay put, applicants must "submit a demonstration of the need for such use at the
forming a ice residue. This allows trucks to spray, areas, such as bridges, proposed location and a detailed explanation of how the use will not
in advance of a snowfall. adversely impact the nature and character of the area...".
The system's main disadvantage is t temperatures of 13 below zero or While funding sources inevitably require that agencies establish need for
] owe brine freezes and the city has to switch to salt. a proposed service, once need is established agencies must be
Welsh said the city is also looking at deicing substances to replace concerned about finding space which is appropriate, readily accessible to
salt, such as solutions made from corn, sugar beets or m sium chloride clients, and affordable. Yet the current Ordinance redoubles the burden
that have been used elsewhere. The city will conduct test runs on some by requiring the agency to establish why a service must be provided at a
s with these alternative deicers. particular address. Moreover, the laws of logic make it impossible to prove
Environmentalists have long criticize use of road salt for its the negative that a proposed facility will 11 not adversely impact the nature
environmental effects Gord Perks of the Toronto Environmental alliance and character" of a community. We believe the current Ordinance
said welcomed the city's plan to n its use of road salt by 25 percent, unconstitutionally encumbers an already disadvantaged class-the
he
disabled poor.
but said more drastic action is necessary.
Furthermore, the current Use Permit Ordinance now permits the Zoning INFO HICKORY WOODS COMMUNITY MEETING-THURSDAY
Board to take up to 120 days after receipt of an application to determine JANUARY 29, TOSH COLLINS CENTER
whether or not it will issue a permit. The HSFP provides an expedited I’d like to frame my comments in three ways, first as a scientist, second
process more suited to negotiations with property owners. as a member of the City Environmental Management Commission,
The proposed Human Services Facilities Permit legislation recognizes dedicated to making and improving environmental police and practice in
that regulated agencies "provide valuable services to our most vulnerable the city, and thirdly, as a citizen and taxpayer.
residents and employment opportunities ... crucial to the economic As an independent, scientist, and part. of the faculty at UB, I have worked
well-being of the City of Buffalo." Additionally, the legislation seeks to to bring the resources of UB's Environment and Society Institute's faculty
assure communication and cooperation among human services agencies, expertise to bear on the, Hickory Woods situation . I've been frustrated at
communities and government. Precisely because jobs and economic the lack of cooperation with City Hairs particular, that Mr. Stanton has
activity are so critical to our city, it is of paramount importance that we not -refused multiple offers to cooperate" preferring to go it alone.
erect barriers, especially arguably unconstitutional barriers, to those jobs Available for review in the City Clerk’s Office
and that economic activity. REFERRED TO THE COMMITTEE ON COMMUNITY
We look forward to the opportunity to work cooperatively with the DEVELOPMENT
Legislation Committee and the Law Department to prepare an ordinance
which meets the concerns of all parties. NO. 43
Thank you. EST UNIV HEALTH CARE COV TASK FORCE
Sincerely, This Fact Sheet is to inform you about the clean up proposal for the
REFERRED TO THE COMMITTEE ON LEGISLATION Buffalo
AYES – COPPOLA, DAVIS, FONTANA, GOLOMBEK, GRIFFIN, Project Manager
RUSSELL – 6 NOES – BONIFACIO, FRANCZYK - 2 For site related health questions, please contact the New York State
Department of Health (NYSDOH) representative:
NO. 40 Voluntary Clean-up Project
R. BRONSTEIN- COMMENTS ORD AMEND AUCTIONS AND January 2004
AUCTIONEERS INTRODUCTION
Thank you for faxing a copy of Ray Cunning ham Is letter. I am sorry I The Buffalo Business Park, Inc. has entered into a Voluntary Clean-u
am unable to attend the meeting. agreement with the New York State Department of Environmental
In response, I Concur with his evaluation as to reserves. Conservation (NYSDEC) to investigate and clean up contaminated areas
I do believe each auctioneer should be individually licensed to keep tract found at the Buffalo Business Park, 1800 Broadway, in the City of Buffalo.
of auctioneers and increase fees to the city rather than attempting to Under the agreement the volunteer plans to investigate, remove and
reduce competition. Note that the city does not license real estate remediate contaminated soils from the impacted area of the site.
brokers or sales people. BACKGROUND
The 5 day requirements are burdensome however we have lived with them From 1900 through the 1950s, the Buffalo Business Park complex was a
for over 45 years. While 00 days is Impractical for perishables, but so is industrial area used primarily by the Pullman Car Company to repair and
five day. storm rail cars. Since the early 1960s, the area has been used for parking
As to posting ownership, confidentiality should be same as In any by various businesses. The area of concern is currently a parking area
other type of sale or consignment requirement. It is not practical to post about one acre i size and is within this business complex (See Figure).
the name Of the owners between March 2001 and May 2002, found that soil and groundwater in
As to 81-8. 1 agree with Cunningham.. In general the balance of his letter the parking lot qreat contaminated with solvents such as
appears appropriate, however I would not object to his leaving, prchloroethylene, trichloroethylene, and their related compounds. The
Yours truly, source of the contamination is unknown and is presumed to be from a
REFERRED TO THE COMMITTEE ON LEGISLATION spill prior to the creation of the Buffalo Business Park complex.
Parking Lot
NO. 41 Property Iine area of
R. MOORE Parking Lot
IN THE MATTER OF THE APPLICATION OF ROBERT T. PRICE Turner Press
AND MONTE K. HOFFMAN V- COMMON COUNCIL OF THE I SITE REMEDIATION
CITY OF Under the Voluntary Cleanup Agreement, the volunteer plans to further
BUFFALO PLANNING BOARD, KALEIDA HEALTH, DW2 investigate and delineate the contaminated area before beginning
WOMEN AND CHILDREN'S remediation. During this investigation, seven new monitoring wells will be
HOSPITAL OF BUFFALO, ET AL installed. In addition to testing groundwater from existing and new wells,
INDEX NO. 1-2003-9978 surface and sub-surface soil samples will also be tested. Upon
Dear Mr. Michaux: completion of the investigation, the impacted soils will be excavated and
In Iight of justice Lane's Decision and Order of January 22, 2004, we the area backfilled with clean gravel fill.
respectfuIly request that the Common Council renew the application of the The excavated contaminated soils will be placed in a temporary above
Women and Children's Hospital for approval of a helipad and schedule a ground soil vapor extraction (SVE) system. The system will be located on
public hearing pursuant to Buffalo City Code §63-3. We understand that the east side of the park complex. It will consist of a vapor extraction cell
the Common Council will act as Lead Agency for SEQR review. where air is passed through the contaminated soil and evaporation
We refer to and incorporate by reference all prior submissions and extracts the solvents from the soil. The air is then treated to remove the
proceedings in this matter. We believe these prior proceedings before the solvent fumes prior to the air being discharged to the atmosphere. Under
Common Council include Item No- 86 of March 18, 2003, Item No. 23 of supervision of the NYSDEC, the SVE system will operate until the system
April 29, 2003, and Item Nos- 23, 25 and 45 of May 13, 2003. has removed the contaminants and cleanup goals are met. Once the
If deemed necessary, we also request that the Planning Board renew NYSDEC has determined that the cleanup goals have been met, the SVE
the prior application for Site Plan approval. system will be removed and the remediated soils in the cell can be used
Attached is a copy of justice Lane's Decision and Order. as fill on the site. Once the work is completed, a Final Investigation Report
Thank you for your assistance In this matter. If there are any questions or and Construction Closeout Report will be submitted to the NYS DEC for
problems, please do not hesitate to call. review.
Very truly yours, PUBLIC REVIEW AND COMMENT ON THE PROPOSED
MAGAVERN, MAGAVERN & GRIMM, U.P. Written comments on the proposed Remedial Action Work Plan are
REFERRED TO THE COMMITTEE ON LEGISLATION welcome and will be accepted until Monday, February 22, 2004. Written
comments expressing objection or opposition to the work plan must
NO. 42 explain the basis of that opposition and identify the specific grounds
which could lead the Department to impose significant changes to the
plan. Comments should be directed to Mr. Jaspal S. Walia, Project activities. The design is expected to be completed by the summer of
Manager, NYSDEC, 270 Michigan Avenue, Buffalo, N.Y. 14203. 2004, with construction beginning during the winter of
FOR MORE INFORMATION 2004-05.
Public understanding and involvement are crucial to the success of New Under a Voluntary Cleanup Agreement with the NYSDEC, NFG
York's Voluntary Cleanup Program. The NYSDEC has all site documents completed the site investigation in 2001 and a supplemental investigation
available for your review, by appointment only, at: in 2002. These investigations included installing and testing groundwater
NYSDEC Buffalo Office monitoring wells and collecting a number of soil samples. Results of these
270 Michigan Avenue investigations concluded that both the soil and groundwater are
Buffalo, N.Y. 14203 contaminated with polycyclinder aromatic hydrocarbons related to the
(716) 851-7220 manufactured gas plant that formerly operated on the site. The
If you would like to review any documents or, have any questions, contaminants were found on-site and off-site (in the old Wilkeson Slip and
concerns or comments regarding environmental aspects of the site, next to the Waterfront School Building) and are present in the soil and
please contact Mr. Jaspal S. Walia, Project Manager, at (716) 851-7220. groundwater. In August 2002, air and sump water sampling in the
For site related health concerns feel free to contact the New YorK State Waterfront School did not show any volatile or semi volatile organic
Department of Health's Mr. Cameron O'Connor, Public Health Specialist, compounds from the National Fuel Gas property.
at (716) 847-4385. Using information from the site investigations, a draft Focused Feasibility
1 ABOUT THE VOLUNTARY CLEANUP PROGRAM Study was completed by NFG to evaluate various ways to address the
New York established its Voluntary Cleanup Program (VCP) to address contamination. The study recommends: blending waste with cement and
the environmental, legal and financial barriers that often hinder the bentonite to solidify and immobilize the waste; and, chemical oxidation to
redevelopment and reuse of contaminated properties. The Voluntary break down contaminants.
Cleanup Program was developed to enhance private sector cleanup of Based upon the NYSDEC's technical review, additional remedial design
properties by enabling businesses to remediate sites using private rather field work and laboratory studies to evaluate the effectiveness of proposed
than public funds, and to reduce the development pressures on remedies are underway. A report on this proposed remedy will be
"greenfield" sites. Under the Program, a volunteer agrees to investigate submitted to the Department in early 2004. This remedial plan will require
and remediate a site to a level which is protective of public health and the cleanup of the site to levels that will allow re-use of the property and is
environment for the present or intended use of the property. Investigation protective of human health and the environment. The remedial plan should
and remediation is carried out under the oversight of NYSDEC. When the be available for public review and comment in the spring of 2004.
volunteer completes the work, the State provides a release from State Your involvement is important to the cleanup of this site. You will be sent
liability for the work done, returning the site to productive use. For more additional Fact Sheets and, when needed, invited to public meetings;
information regarding New York State's Voluntary Cleanup Program, however, if you would like more detailed information you are urged to visit
please visit the Department's web site at: the Document Repositories for this site.
http://www.dec.state.n\i.us/website/der/vcp/index.html. The National Fuel Gas - Buffalo Service Center site's Document
RECEIVED AND FILED Repositories are located at: Reference Section
RECEIVED AND FILED
NO. 44
NYSDEC-C O’CONNOR-NATL FUEL GAS BFLO SERVICE CENTER NO. 45
Dear Interested Citizen: D. NORMAN –UNIVERSAL DRUG STORE INFO OBT PRESCRIPTION
This Fact Sheet is to tell you about activities at the site. If you have any DRUGS NEEDS FROM CANADA
questions or would like more information, please do not hesitate to Dear City Official,
contact: Over the past several months there has been tremendous media attention
For site related health questions, please contact the New York State regarding American residents buying their prescription medications from
Department of Health's (NYSDOH) representative: Canada. As you are most likely aware, the savings these individuals are
NOTE: Because the contact list for this mailing may be incomplete, the obtaining is phenomenal. On average these customers are receiving
Department urges you to share the Fact Sheet with your neighbors. In savings of 40 to 50 %, with maximum savings of up to 85%.
addition, if they contact Mr. Michael Podd, at 851-7220, he will gladly add During the past several weeks, many media articles have concentrated on
them to the contact list. several mayors and city officials who are actively investigating the
The New York State Department of Environmental Conservation possibility of obtaining medications from Canada. Springfield and Boston,
(NYSDEC), cooperation with the New York State Department of Health MA., along with the State of New Hampshire are among those groups that
(NYSDOH) are National Fuel Gas (NFG), would like to update you on the are either currently working with or looking at establishing a Canadian
status of the Voluntary Cleanup Program at the National Fuel Gas - option to fulfill the city employees' (both active and retired) prescription
Buffalo Service Center. The facility is located at 249 West Genesee drug needs.
Street in Buffalo, NY (see drawing). Due to this recent media attention, we have been contacted by several city
BACKGROUND- and state governments that are interested in exploring the possibility of
The site is currently owned by NFG. The site was used by NFG and obtaining their prescription medications from Canada. These government
others from 1848 to the early 1900's to produce manufactured gas for agencies are looking at potential savings of millions of dollars a year by
lighting. This gas will provided to homes, businesses and industries for establishing relationships with licensed Canadian pharmacies such as
lighting, heating and cooking much like natural gas is used today. ours.
In 1989, when moving a pile of gravel, blue waste was encountered at the Universal Drugstore would be very interested in working with your office to
sit To identify the wastes NFG conducted an initial investigation in 1989. develop a relationship to fulfill your city's prescription drug needs and
Th limited study indicated the waste contained cyanide and resulted in NF welcome the opportunity to meet to discuss this further. If your office is
removing a majority of the waste. After testing, a Health Assessment interested, we are willing to have a company representative meet with you
conclude that the waste did not pose any apparent health risk to the for a presentation of our program.
adjacent Waterfront School students or property. In addition, the buildings If you are interested in exploring this concept further please feel free to
that were on the site we demolished in 2000 and the site is completely contact me at (204) 789-3162 or via email at
surrounded by a chain link fence business@universaldrugstore.com. You may also obtain further
NOTE: The nearby 4 th Street site is not part of the NFG site and NFG is information on our website at www.universaldrugstore.com.
not involved in that site's cleanup. That site's pre design investigation field Thank you for taking the time to review this letter.
work, which involved several soil borings, has been completed. The next Sincerely,
4th Street site task involves developing REFERRED TO THE COMMITTEE ON FINANCE, CORPORATION
design specifications for soil excavation, health and safety during COUNSEL, COMM OF HUMAN RESOURCES AND COMMISSIONER
construction, controlling odors and vapors during excavation OF ADMINISTRATION AND FINANCE
off-site disposal of contaminated soil, and other construction related
NO. 46
L. ST PIERRE-BFLO NIAG PARTNERSHIP COMMENTS NEW (CCP# I 40-Jan. 20, 04)
PERMIT FEE STRUCTURE That the above item be and the same hereby is received and filed.
Thank you council member Fontana for your continued support on this ADOPTED
initiative. As the Mayor's January 15"' introductory letter states, the new
fee structure is an improvement to the way fees were calculated in the FINANCE
past and is designed to both cover the cost of work by the city and be (Brian C. Davis, Chairman)
"user friendly" to encourage investment in the form of increased
residential home improvements and increased commercial development NO. 49
and redevelopment. Renew Lease - Lamar Advertising of Penn, LLC - Use of Various
In addition to the changes in the schedules of actual fees charged for Properties
particular permits - which is what the Mayors letter refers to - we would (Item No. 4, C.C.P., Jan. 20, 2004)
like to underscore the importance of the proposed changes in the entire That the Executive Director of Strategic Planning be, and he hereby is
permitting process to improving/encouraging development in the city. How authorized to renew the lease between the City of Buffalo and Lamar
a customer (any building owner, homeowner, business owner or Advertising of Penn, LLC, for various city-owned properties as listed in
developer) gets into and then through the process from the moment he or the above communication, for an additional three (3) year period to
she walks into City Hall is a critical component of increasing investment in commencing retroactively from November 1, 2002 through October 31,
the city as well as the success of the new fee structure. The new process 2005, under the same terms and conditions as the previous lease and
will improve the customer experience through the increase in the use of with additional conditions as listed in the above communication. That the
technology (Hansen system), the exemption of whole types of projects, Corporation Counsel be, and he hereby is authorized to prepare the
especially certain residential repairs and renovations, from the need to necessary documents to renew said lease and that the Mayor be
obtain and pay for permits and the associated inspections. Additionally, authorized to execute the same.
because the Department of Permit and Inspection Services (DPIS) will no Passed.
longer perform duties that fall in other department's portfolio of AYES - 8 - NOES - 0
responsibilities-like zoning, there is an opportunity to adjust or realign the
DPIS staff resources to accommodate the demands on the department. NO. 50
Both the now year old State Code and the new local permit process Response to Audit Recommendations (A&F)
demand "front loading" of problem identification and solution. By this I am (CCP#23-Jan. 20, 04)
referring to the need for: plan review in all disciplines; an informed and That the above item be and the same hereby is received and filed.
well staffed permit office; and a commitment by all to consistently enter ADOPTED
data on all projects into the Hansen system. This includes entities that
deal with development - even the Common Council, not just DPIS. NO. 51
While there have been some improvements at DPIS already and the work Division of Parking Enforcement (Compt)
on the new fees is near completion.. there remain steps to be completed. (CCP#22-Oct, 14, 03)
We are now where the rubber hits the road ... implementation of the That the above item be and the same hereby is received and filed.
process. This will be a big lift as it requires a change from the old way of ADOPTED
doing business but we believe this can be accomplished if there is
continual commitment from the administration, this body and the other NO. 52
departments - led by DPIS - associated with development to stay the Legal Counsel for the Common Council of the City of Buffalo (#94,
course and put the City of Buffalo into a competitive position for Jan 7)
development. A list of next steps the team working on this initiative (CCP#105-Dec. 23, 03)
developed is included with this letter. That the above item be and the same hereby is received and filed.
665 MAIN STREET, SUITE 200, BUFFALO, NEW YORK 14203-1487 ADOPTED
(716) 852-7100 FAX: (716) 852-2761
www.thepartnership.org NO. 53
This new fee system has enough complexity to it that the team working on Legal Counsel for the Common Council of the COB A&F
this initiative recommends the Common Council preview both the fees and (#25, Feb 4 CCP#106-Dec. 23, 03)
the process prior to accepting the submittal for final approval. This will not That the above item be and the same hereby is received and filed.
only allow you to become more acquainted with the changes in fees and ADOPTED
how they are calculated, but also allow for input prior to the fees "going
live." We look forward to working with you along with Commissioner NO. 54
McGurn over the next few weeks. J. Golombek-BEN-1/9/04-"Adelphia Offering Discount to Mun. Hsg.
Sincerely, Tenants"
Laura St. Pierre (CCP#3 7-Jan. 20, 04)
VP, Regional Development That the above item be and the same hereby is received and filed.
Buffalo Niagara Partnership ADOPTED
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 55
NO. 47 Cogeneration and District Heating
A. THOMPSON (CCP# I 97-Feb. 6, 03)
RECEIPTS FROM FRANK GIST That the above item be and the same hereby is received and filed.
Please file the enclosed item with the Council for discussion on ADOPTED
February 3, at 2pm.
2004
NO. 56
If you have any questions, please do not hesitate to contact me at (716)
J. Gruchala-Nat. Gas Aggregation Prog.-Low Inc. Consumers
851-5145.
(CCP#19-Mar. 20,03)
RECEIVED AND FILED
That the above item be and the same hereby is received and filed.
ADOPTED
Regular Committees
NO. 57
CIVIL SERVICE
Al Coppola-Info. -Niagara Mohawk
(Bonnie E. Russell, Chairperson)
(CCP#82-June 12, 03)
That the above item be and the same hereby is received and filed.
NO. 48
ADOPTED
Est. Univ. Health Care Cov. Task Force (#211, 7/11) (CP)
Mandatory Attendance for Councilmembers at Regularly
NO. 58 Scheduled Common Council
Freq. Power Interruptions in No. Bflo. (Exc. Last Four Resolves) Budget Hearings (# 13 4, 6/10)
(CCP#125-Feb. 5, 03) (CCP#50-Jan. 20, 04)
That the above item be and the same hereby is received and filed. That the above item be and the same hereby is received and filed.
ADOPTED ADOPTED
NO. 59 NO. 69
"Green Energy" to Cut Broadway Mkt. Utility Costs Loc. Law Intro#13 (2001) Election-Terrns of Ofc.-Councilmembers
(CCP# I 29-Feb. 5, 03) (CP)
That the above item be and the same hereby is received and filed. (CCP#130-Dec. 11, 03)
ADOPTED That the above item be and the same hereby is received and filed.
ADOPTED
NO. 60
C. Benedict-NYSERDA-Broadway Mkt-"Green Energy" ( NO. 70
#55, 2/19)(Energy) Designation of Nominees for Appointment to the
(CCP#55-Feb. 19, 03) Board of Trustees of the Buffalo and Erie County Library
That the above item be and the same hereby is received and filed. (Item No. 2, C.C.P., Dec. 23, 2003)
ADOPTED (Item No. 43, C.C.P., Jan. 6, 2004)
That Frank Gist, residing at 409 Wyoming Avenue, Thomas Errol Gleed
NO. 61 residing at 204 West Tupper Street and Maureen Danahy, SSJ residing
Green Energy-Broadway Market (PW) at 151 Summit Avenue, be and they hereby are designated nominees to
(CCP#20-May 28, 03) the Board of Trustees of the Buffalo and Erie County Public Library, for
That the above item be and the same hereby is received and filed. a term expiring December 31, 2005, subject to confirmation by the
ADOPTED County Legislature, nominated
Passed
NO. 62 AYES - 8 - NOES - 0
"Urban Wind Power Initiative for the Lake Erie Shore" (CP)
(CCP#25-Feb. 19, 03) NO. 71
That the above item be and the same hereby is received and filed. Erie Co. Leg-Convert ECMC to a Public Benefit Corp (CP)(*)
ADOPTED (CCP#22-Feb. 19, 03)
That the above item be and the same hereby is received and filed.
NO. 63 ADOPTED
L. Briggs-Ideas for a Riverwalk & Carousel Project Initiative
(CCP#57-Oct. 28, 03) NO. 72
That the above item be and the same hereby is received and filed. C. Michaux-Model Ord. In Prohibit. Private Poss. of Exotic Animals
ADOPTED (C. Clk)
(CCP#24-Nov. 12, 03)
NO. 64 That the above item be and the same hereby is received and filed.
Surveillance Cameras in Police Patrol Vehicles ADOPTED
(CCP#122-Mar. 4,03)
That the above item be and the same hereby is received and filed. NO. 73
ADOPTED Rest. Dance Class IV-391 Ellicott (#121,
12/9)(#86,11/25)(#46,7/8)(Permits/Insp.)
NO. 65 (CCP#40-Jan. 6, 04)
Surveillance Cameras in Police Patrol Vehicles (Pol) That the above item be and the same hereby is received and filed.
(CCP#49-Apr. 1, 03) ADOPTED
That the above item be and the same hereby is received and filed.
ADOPTED NO. 74
Used Car Dealer-337 N. Ogden (#124,
LEGISLATION 9/30)(#137,9/16)(#68,7/22)(Permits/Insp.)
(Richard A. Fontana, Chairman) (CCP#120-Oct. 14, 03)
That the above item be and the same hereby is received and filed.
NO. 66 ADOPTED
M. Jordan-Clover Const.-Req. Appeal-Pres. Bd. Ruling-Demo-Gas
Station-757 Main St.
(#81,12/9)(#61,11/12)(#l 11,10/28)(#l 11,9/30)(#87,9/2) (ELLICOTT)
(CCP#33-Jan. 6, 04) No. 75
Mr. Fontana moved that the above item be recommitted to the Committee R. Fontana-R. Kross & O-Req. Roberts Ave. Be One Way Street
on Legislation (CCP#77-Oct. 28, 03)
ADOPTED. That the above item be and the same hereby is received and filed.
ADOPTED
NO. 67
M. Jordan-Clover Const.-Req. Appeal-Pres. Bd. Ruling-Demo-Gas No. 76
Station-757 Main St. FBI Building Homeland Security Request - Closing of Staats Street
(#82,12/9)(#62,11/12)(#l 12,10/28)(#l 12,9/30)(#12,9/16) (Pres. Bd.) (Item No. 18, C.C.P., Jan. 20, 2004)
(CCP#34-Jan. 6, 04) Mr. Fontana moved that the above item be recommitted to the Committee
Mr. Fontana moved that the above item be recommitted to the Committee on Legislation
on Legislation ADOPTED.
ADOPTED.
No. 77
M. Coppola-"New York City Has Turned a Comer In Naming
NO. 68 Streets & Gotten Lost"
(CCP#33-Jan. 20, 04) (CCP#97-Mar. 21, 03)
That the above item be and the same hereby is received and filed. That the above item be and the same hereby is received and filed.
ADOPTED ADOPTED
No. 78 NO. 85
285 Delaware Avenue - Building Overhang - Encroach County-Wide Purchasing (Exc. Final Resolve)
(Item No. 20, C.C.P., Jan. 20, 2004) (CCP#I 50-Nov. 27, 03)
That the above item be, and the same hereby is returned to the Common That the above item be and the same hereby is received and filed.
Council without recommendation. ADOPTED
Mr. Fontana Moved:
That the Commissioner of Public Works, Parks and Streets be, and he NO. 86
hereby is authorized to issue a "mere license" to Mr. Brian T. Cook, R.A. Consent and Memorandum of Lease - Global Crossings
of Uniland Development Company, to install an overhang, which would (Item No. 6, C.C.P., Sept. 2, 2003)
encroach city right-of-way at said address, subject to the following That the Mayor be, and he hereby is authorized to enter into a Consent
conditions: and Memorandum of the Lease between the City and Global Crossings
1. That UDC obtains any and all other City of Buffalo permits necessary for use of property beneath the streets.
for said installation. Passed.
2. That the overhang be constructed exactly as shown on plans submitted AYES - 8 - NOES - 0
to and approved by the Department of Permits & Inspections Services.
3. That UDC is responsible for maintenance of the overhang as long as it NO. 87
remains within City right of way. Fibertech Networks Lease Amendment
4. That, in the event that the Commissioner of Public Works, Parks and (Item No. 28, C.C.P., Dec. 10, 2002)
Streets determines the encroachment must cease as a result of factors That the Mayor be, and he hereby is authorized to enter into an
effecting the health, safety and welfare of the public, or the needs of the amendment of the lease agreement with Fiber Technologies Networks,
City said Commissioner may order the immediate removal of the LLC., also know as Fibertech Networks, LLC., for the lease of
encroachment as described in Chapter 413-67(F) of the City Ordinances. City-owned conduit for the purpose of installing fiberoptic
5. That UDC supply the Department of Public Works, Parks and Streets telecommunications cable.
with a certificate of insurance which will indemnify and save harmless the Passed.
City of Buffalo against any and all loss and damage arising out of the AYES - 8 - NOES - 0
construction, maintenance, use and removal of said elevated overhang.
Passed. COMMUNITY DEVELOPMENT
AYES - 8 - NOES - 0 (Joseph Golombek Jr., Chairman)
NO. 79 NO. 88
S. Myree, Sr.-Req Purchase of 32 Wohlers Ave & 31 Roehrer St L. Goodman-Norstar Dev. USA-Info. -Approval of Lakeview Phase III
(CCP#66-Dec. 23, 03) Project
That the above item be and the same hereby is received and filed. (CCP#43-Dec. 9, 03)
ADOPTED That the above item be and the same hereby is received and filed.
ADOPTED
NO. 80
B. Davis-S. Myree, Sr City Owned Lots 32 Wohlers & 31 Roehrer NO. 89
(#58, 9/30) (CCP#127-Dec. 23, 03) Amend Sale of 52 Liddell Street
That the above item be and the same hereby is received and filed. (Item No. 3, C.C.P., Jan. 20, 2004)
ADOPTED That this Common Council approves the payment of one hundred and
ten dollars ($110.00) to Mr. Milton Kader, Real Estate Broker for
NO. 81 services rendered in a prior approval for the sale of 52 Liddell Street to
B. Davis-S. Myree, Sr City Owned Lots Mr. Shakeel Ahmed.
32 Wohlers & 31 Roehrer (#43, 10/28) (#94 11\25) (Permits) Passed.
(CCP#128 –Dec 23, 03) AYES - 8 - NOES - 0
That the above item be and the same hereby is received and filed.
ADOPTED NO. 90
Results of Negotiations - 75 Ivy
(494,11/25) (Permits) (Item No. 5, C.C.P., Jan. 20, 2004)
(CCP#128-Dec. 23, 03) That the above item be, and the same hereby is returned to the Common
That the above item be and the same hereby is received and filed. Council without recommendation.
ADOPTED Mr. Golombek Moved:
That the offer from Mrs. Florence Stanton, residing at 24 Rollingwood
NO. 82 Drive, Lancaster, in the sum of one thousand dollars ($ 1,000.00) for the
K. Hite-Req. Taxicab Meter Rate Increase purchase of 75 Ivy Street, be and is hereby accepted; and
(CCP#64-May. 28, 03) That the appraisal requested by the City of Buffalo shall be paid by the
That the above item be and the same hereby is received and filed. purchaser; and
ADOPTED That the transfer tax, recording fees and cost of legal description shall be
paid by the purchaser; and
NO. 83 That the Corporation Counsel be authorized to prepare the necessary
B. Davis & R. Diina-W. Slater & O-Req. Update of Traffic Ord. documents for the transfer of title and that the Mayor be authorized to
(#78,9/30) execute the same, in accordance with the terms of sale upon which the
(CCP# I 16-Oct. 14, 03) offer was submitted.
That the above item be and the same hereby is received and filed. Passed.
ADOPTED AYES - 8 - NOES - 0
NO. 84 No. 91
C. Swanick, EC Leg., Blue Print for 21s' Cent. Ec. Growth/Tax 801 Elm, 1086 & 1092 Michigan - Transfer to the Buffalo Urban
Reform Renewal Agency
(Item No. 126, C.C.P., Jan. 20, 2004) B. Gray-J. Dailey-Req. Opp. Address Council-Praxair, Inc. (#88,
That the City of Buffalo transfer to the Buffalo Urban Renewal Agency 3/19)
801 Elm, 1086 & 1092 Michigan Avenue, pursuant to Section 507, (CCP# 141 -Dec. 26, 03)
Subdivision 2(d) of the General Municipal Law. That the counsel to the That the above item be and the same hereby is received and filed.
Buffalo Urban Renewal Agency be authorized to prepare the necessary ADOPTED
documents for the transfer of title and that the Mayor be authorized to
execute the same. No. 100
Passed. Req. Signature Plaza for Peace Bridge (# 160, 2/23)
AYES - 8 - NOES - 0 (CCP#67-Jan. 20, 04)
That the above item be and the same hereby is received and filed.
No. 92 ADOPTED
Transfer Title-801 Elm, 1086 & 1092 Michigan from COB to BURA
(ELL) (St. PI.) No. 101
(CCP#6-Jan. 20, 04) Peace Bridge Authority-Proposed Agreement (#82, 11/30)
That the above item be and the same hereby is received and filed. (CCP#68-Jan. 20, 04)
ADOPTED That the above item be and the same hereby is received and filed.
ADOPTED
No. 93
791 South Ogden, 197 West Huron and 104 Lathrop - Transfer to No. 102
the Buffalo Urban V. Lamb-Peace Bridge Exp. Proj. Smart Border for the 21" Cent.
Renewal Agency (#61, 12/26)
(Item No. 127, C.C.P., Jan. 20, 2004) (CCP#70-Jan. 20, 04)
That the above item be, and the same hereby is returned to the Common That the above item be and the same hereby is received and filed.
Council without recommendation. ADOPTED
Mr. Golombek Moved:
That it is hereby found and determined that the transfer of 791 South No. 103
Ogden, 197 West Huron and 104 Lathrop, from the City of Buffalo to the B. Campbell-Ratification of Scoping Doc./Alt. Screening Rpt. (#22,
Buffalo Urban Renewal Agency pursuant to Section 507, Subdivision 2(d) 12/23)
of the General Municipal Law is an appropriate method for making land (CCP#79-Jan. 20, 04)
available for development; and That the above item be and the same hereby is received and filed.
That the BURA counsel be authorized to prepare the necessary ADOPTED
documents for the transfer of title and that the Mayor be authorized to
execute the same. No. 104
Passed. P. Koessler-Peace Bridge Exp. Proj. Bi-Natl. Integrated Env.
AYES - 8 - NOES - 0 Process SEQR Lead
Agency (#66, 5/28)
No. 94 (CCP#84-Jan. 20, 04)
791 South Ogden, 197 West Huron and 104 Lathrop That the above item be and the same hereby is received and filed.
Transfer to the BURA (Strat. Plan.) ADOPTED
(Item No. 7, C.C.P., Jan. 20, 2004)
That the above item be, and the same hereby is returned to the Common No. 105
Council without recommendation. B. Campbell-Peace Bridge Exp. Proj.-Scoping Doc./Alt. Screening
Mr. Golombek Moved: Project-7/14/03
That the above mentioned item be and the same is hereby received and (#75, 9/2)
filed. (CCP#92-Jan. 20, 04)
Adopted. That the above item be and the same hereby is received and filed.
ADOPTED
No. 95
D. Bonifacio-D. Picard-Massachusetts Ave. Project
(CCP#50-Nov. 25, 03) No. 106
That the above item be and the same hereby is received and filed. V. Lamb-Peace Bridge Exp. Proj.-BI-Natl. Integ. Env. Proc. Scoping
ADOPTED Doc./Altn. Scng.
Rpt.-10/03 (469, 10/28)
No. 96 (CCP#95-Jan. 20, 04)
Consultants Svs. Agree.-Emslle Planning Study (#31,10/2) (Strat. That the above item be and the same hereby is received and filed.
Pl.) ADOPTED
(CCP# 13 1 -Mar. 18, 03)
That the above item be and the same hereby is received and filed. No. 107
ADOPTED V. Lamb-Peace Br. Exp. Proi.-Work In Progress-Loc. Alt.-8/5/03 (#90,
9/2)
No. 97 (CCP#103-Jan. 20, 04)
Hewitt-Robins That the above item be and the same hereby is received and filed.
(CCP#21 I -Feb. 6, 03) ADOPTED
That the above item be and the same hereby is received and filed.
ADOPTED No. 108
V. Lamb-Pcace Br. Exp. Proj.-Proc/Time Sch. For Acq. Of Prop.
No. 98 Using Powers of
Hewitt-Robbins Env. Cleanup (Strat. Pl.) Eminent Domain (#91, 9/2)
(CCP#5-Oct. 16, 03) (CCP#104-Jan. 20, 04)
That the above item be and the same hereby is received and filed. That the above item be and the same hereby is received and filed.
ADOPTED ADOPTED
No. 99 No. 109
D. DiSalvo, etc.-Peace Bridge IRR-9 Alt. Inter. Peace Bridge (#89, RESOLUTIONS
7/22)
(CCP#108-Jan. 20, 04) NO. 119
That the above item be and the same hereby is received and filed. By: Mr. Bonifacio
ADOPTED Formally Ratify Final Scoping Document/Alternative Screening
Report as Amended to Retain Shared Border
No. 110 Management as an Alternative to be Studied through the
M. Mitskovski-P. Leuchner-Cmts. -Peace Bridge Exp. Proj./Em. Draft Environmental Impact Statements
Dom. (#73, 9/16) Whereas: Under the Memorandum of Agreement between the City of
(CCP#l I O-Jan. 20, 04) Buffalo and the Buffalo and Fort Erie Public Bridge Authority (the
That the above item be and the same hereby is received and filed. "Agreement") dated January 29th , 2003 the City of Buffalo is to review
ADOPTED and ratify the progress of the border crossing expansion project being
proposed between the City of Buffalo, and the Town of Fort Erie (the
No. 111 "Project") at three critical milestones which are:
Reported Ashma Prob. At Perry Proj ects (Exc. Fin. Res.) (# 1) Completion of the Final Scoping
103, 3/4)(# 151,9/17) Document/Alternative Screening Report; and
(CCP# I 12-Jan. 20, 04) 2) Completion of the Draft Environmental Impact
That the above item be and the same hereby is received and filed. Statement; and
ADOPTED 3) Completion of the pre-Final Environmental Impact
Statement; and
Special Committees Whereas: The Common Council and the City of Buffalo have recognized
a need to avoid, minimize and mitigate adverse environmental impacts
BUDGET COMMITTEE associated with the clearing of vehicles appurtenant or near sensitive land
(Dominic J. Bonifacio Jr., Chairman) usages and or receptors by implementing to the extent feasible vehicle
processing features and transportation infrastructure which maximizes
no. 112 available land on both sides of the international border through what has
Concerns-Bldg. Inspectors come to be known as Shared Border Management; and
(CCP#74-Sept. 2, 03) Whereas: The October 29, 2003 draft Final Scoping
That the above item be and the same hereby is received and filed. Document/Alternative Screening Report that the City of Buffalo was
ADOPTED initially asked to ratify did not commit to studying the benefits of a Shared
Border Management Plan through the draft Environmental Impact
No. 113 Statement to determine if such a plan with other measures can adequately
U.B. Study Phase I (Fire) avoid, minimize or mitigate the adverse effects of the Project on the host
(CCP#12-Feb. 4, 03) communities; and
That the above item be and the same hereby is received and filed. Whereas: The Common Council at its regular meeting held on December
ADOPTED 23, 2003 approved a resolution requesting the Buffalo and Fort Erie
Public Bridge Authority to Amend the Draft Final Scoping
No. 114 Document/Alternative Screening Report to Retain Shared Border
Engines 16 and 18 (Fire) Management as an Alternative to be Studied through the Draft
(Item No. 33, C.C.P., Dec. 23, 2003) Environmental Impact Statements. (CCP 153, December 23, 2003); and
That pursuant to the authority of § 14-11 of the Charter of the City of Whereas: The Common Council in its approving resolution of December
Buffalo, Fire Department Engines 16 and 18 be permanently closed as 23, 2003 resolved to ratify "if the Draft Final Scoping
recommended by the Fire Commissioner upon consideration of Document/Alternative Screening Report be amended to retain Shared
independent studies by MMA Consultants and UB Geography Border Management and components thereof as an alternative to be
Department. carried through the Draft Environmental Impact Statements." (Id.); and
Passed. Whereas: An addendum to the Final Scoping Document/Alternative
AYES - 8 - NOES - 0 Screening Report which includes the clarification of a work plan for
considering Shared Border Management in the Draft EIS/ESR has been
NO. 115 completed and is before the Common Council at this time (Initial CCP
J. Rose-Remarks-Sharing Sales Tax 30A, February 3, 2004);and
(CCP#73-Oct. 28, 03) Whereas: The Common Council and City of Buffalo concludes that the
That the above item be and the same hereby is received and filed. Final Scoping/Alternative Screening Report as amended adequately
ADOPTED addresses the issue of Shared Border Management and a work plan for
considering its benefits and effects through the environmental review
NO. 116 process; and
M. Rodgers-Speaker Series on Sales Tax Announced Now, Therefore Be It Resolved:
(CCP#72-Oct. 28, 03) That the Common Council of the City of Buffalo hereby ratifies the Final
That the above item be and the same hereby is received and filed. Scoping Document/Alternative Screening Report as amended on January
ADOPTED 26,2004.
PASSED
NO. 117 AYES - 8 - NOES - 0
A.Thompson-Sales Tax
(CCP#73-Oct. 14, 03) NO. 120
That the above item be and the same hereby is received and filed. By: Mr. Bonifacio
ADOPTED Permit Department of Public Works to Accept Donated Vehicle from
Coca Cola Bottling Company of Buffalo
NO. 118 Whereas: The Police Athletic League of Buffalo has secured the donation
A. DeBenedetti-EC Leg.-"DeBenedetti Proposes Millions in Co. Aid of a vehicle for the City of Buffalo from the Coca Cola Bottling Company
to City" of Buffalo; and
(CCP#63-Oct. 28, 03) Whereas: The vehicle is a 1991 Chevrolet Astro Van, Vin
That the above item be and the same hereby is received and filed. IGCDM15ZXMB208089; and
ADOPTED Whereas: This vehicle will be of great use to the Department of Public
Works Parks Division; and
Now, Therefore Be It Resolved: The Departments of Public Works and Tax and Assessment are
That the Common Council permit the Department of Public Works to requested to forward a response to the Common Council, detailing any
accept the donated vehicle from Coca Cola Bottling Company of Buffalo cost the delay in construction may have on the City of Buffalo anticipated
to be utilized in the Division of Parks. revenues or taxes; and
Be It Further Resolved That:
NO. 121 That certified copies of this resolution be forwarded to Karl H. Reichelt,
By: Mr. Coppola Regional Administrator, US General Services Administration, and to US
Excuse Councilmember Thompson from Council Meeting Senators Charles E. Schumer, Hilary Rodham Clinton, and to the
Whereas: Councilmember Antoine Thompson is unable to attend the members of the Western New York Congressional delegation; and
Common Council meeting on Tuesday, February 3, 2004, Be It Finally Resolved That:
Now, Therefore Be It Resolved: A Copy of this resolution be forwarded to the members of the Western
That the Common Council excuses Councilmember Antoine Thompson New York delegation to the New York State Senate and Assembly and to
from attending the Tuesday, February 3, 2004, Council meeting. the Commissioners of the Department of Public Works and Tax and
Assessment for their review.
NO. 122 ADOPTED
By: Mr. Coppola, Mr. Golombek
Home Rule Message - S.6010; A.9544: Optional 20 year retirement NO. 124
plan to certain police officers employed by the City of Buffalo By: Mr. Coppola
Whereas: There has been introduced in the New York State Legislature Home Rule Message - S.5801 -A; A.9407-A: Sale of Bonds and
Senate Bill S.6010 and Assembly Bill A.9544, "An act to reopen the Notes by City of Buffalo
optional twenty year retirement plan to certain police officers employed by Whereas: There has been introduced in the New York State Legislature
the city of Buffalo"; and Senate Bill S.5801-A and Assembly Bill A.9407-A, "An act to amend local
Whereas: The purpose of this Bill is to allow the City of Buffalo to elect to finance law, in relation to the sale of bonds and notes of the city of
make benefits of Section 384-d of the Retirement and Social Security Law Buffalo"; and
available to eleven Buffalo Police officers; Whereas: The purpose of this Bill is to extend for one year a funding
Now, Therefore, Be It Resolved: mechanism used by the city for projects requiring immediate attention;
That the city of Buffalo hereby requests the enactment into law of Senate and
Bill S.601 0 and Assembly Bill A.9544, "An Act to reopen the optional Whereas: This Act amends Section 54.30 of the Local Finance Law to
twenty year retirement plan to certain police officers employed by the city extend the provisions of this section from June 30, 2004 to June 30,
of Buffalo"; and 2005;
Be It Further Resolved: Now, Therefore, Be It Resolved:
That the City Clerk is hereby authorized and directed to certify passage of That the city of Buffalo hereby requests the enactment into law of Senate
this resolution and to send copies thereof to the Home Rule Counsel of Bill S.5801 -A and Assembly Bill A.9407-A, "An Act to amend local
the Senate and the Assembly and to the members of the Western New finance law, in relation to the sale of bonds and notes of the city of
York delegation of the State Legislature. Buffalo"; and
ADOPTED Be It Further Resolved:
AYES - 6 - NOES – 2 That the City Clerk is hereby authorized and directed to certify passage of
AYES – BONIFACIO, COPPOLA, FONTANA, FRANCZYK, this resolution and to send copies thereof to the Home Rule Counsel of
GOLOMBEK AND RUSSELL the Senate and the Assembly and to the members of the Western New
NOES – DAVIS AND GRIFFIN York delegation of the State Legislature.
NO. 123 NO. 125
By: Marc A. Coppola BY: MR. DAVIS
Impact of New Federal Courthouse Transfer of Funds
Construction Delay on City of Buffalo Revenue We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo, Comptroller,
Whereas: It was recently announced by the US General Services do hereby certify, pursuant to Section 20-12 of the Charter, that it is
Administration, that the funding for the construction of the $ 100 million necessary that the sum of $3,200.00 be transferred and reappropriated as
new Federal Courthouse for Niagara Square has been delayed for one set forth below:
year; and From:
Whereas: The construction of the new courthouse, to be built between 10103001 - 411001 Councilmember #2 –Salaries $3,200
Delaware and South Elmwood Avenues, was expected to get under way in To:
December 2003, but the Office of Management and Budget, failed to 10102001-412002 Legislative -Hourly Salary $3,200
include the $84 million needed in construction funds for the project in the PASSED
federal budget for the fiscal year to begin October 1, 2004 - but has listed AYES - 8 - NOES - 0
the project as the No. I courthouse project for the 2006 fiscal year; and
Whereas: The General Services Administration has enough funds NO. 126
available to acquire the Niagara Square site where the courthouse will be Support Efforts of Establishing Sister City Relations with Abuja
situated, demolish the structures and complete final construction Nigeria
documents; and By: DAVIS, Thompson, Fontana
Whereas: The City of Buffalo negotiated and executed a contract with the WHEREAS: The Sister City concept was inaugurated in 1956 by
US General Services Administration to lease a portion of West Mohawk President Dwight D. Eisenhower to establish greater friendship and
Street between Delaware and South Elmwood Avenues from the City for understanding between the peoples of the United States and other
the new construction; and nations through the medium of personal contact; and
Whereas: Many local businesses located on the proposed site have WHEREAS: All succeeding U.S. presidents have endorsed the Sister
already vacated their premises and moved, to make way for the new Cities program which is conducted for the broad purpose of an exchange
construction; of ideas between the citizens of U.S. and other nations; and
Now, Therefore, Be It Resolved That: WHEREAS: Sister Cities International, an organization set up to foster
The Buffalo Common Council requests that the US General Services exchange requests that cities interested formally affiliate with cities of
Administration forward a detailed new timetable and plans for the new other nations; and
courthouse construction to the Council, including, if any financial WHEREAS: The Government Officials of Abuja, Nigeria have expressed
enumeration can be expected by the City of Buffalo, due to the delay in a great eagerness to learn about the functioning of government in Buffalo,
construction; and New York, and plan to send a delegation of officials here; and
Be It Further Resolved That:
WHEREAS: Many years of the evolution of government in our nation REFERRED TO THE COMMITTEE ON LEGISLATION
coupled with the excitement in Africa over the establishment of freely AYES - 7 - NOES – 1
elected local government in Africa should provide for an invigorating and AYES - BONIFACIO, COPPOLA, FONTANA, FRANCZYK AND
interesting exchange of ideas between Buffalo, New York and Abuja, GOLOMBEK, GRIFFIN AND RUSSELL
Nigeria. NOES – DAVIS,
NOW THEREFORE BE IT RESOLVED:
That this Common Council supports the efforts of establishing a Sister NO. 129
City relationship with Abuja, Nigeria; and By: Mr. Golombek
BE IT FURTHER RESOLVED: City of Buffalo
That the Buffalo Common Council extend an invitation to the government Local Law No. _ (2004)
and people of Abuja, Nigeria to formally activate a Sister City program with Introductory No. 2 (2004)
the City of Buffalo for the purpose of creating greater mutual A LOCAL LAW amending the Charter of the City of Buffalo in relation to
understanding between the people of both cities and to share ideas for eligibility for election to the office of mayor.
economic development; and BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF
BE IT FUTHER RESOLVED: BUFFALO AS FOLLOWS:
That the Mayor of Buffalo is authorized to act as an official representative Section 1. That Article 4 of the Charter of the City of Buffalo, adopted
of the City of Buffalo in order to facilitate the establishment of a Sister City pursuant to law, is hereby amended as follows:
exchange program between Buffalo, New York and Abuja, Nigeria; and § 4-3. Eligibility.
BE IT FINALLY RESOLVED: Any mayor [heretofore or] hereafter elected as such under this act shall be
That copies of this Resolution be sent to the Government of Abguja, eligible for reelection for only one. additional consecutive term.
Nigeria, Sister Cities International, the Embassy of Africa in Washington, § 4-6. Election; Term; Residence Requirement.
D.C. and the United States' Embassy in Africa. At the general election in the year [2001] 2005 and each fourth year
ADOPTED thereafter a mayor shall be elected by the electors of the city for a term of
four years.
No. 127 No person shall be eligible for election or appointment as successor to the
By. Mr. Fontanta office of the mayor who has not been a resident as defined in section 24-4
Closing Staats Street/Narrowing of Elmwood Ave of this charter of the city for a period of at least one year immediately
Whereas: Ellicott Development and the US Government wish to close the preceding the date of his or her election or appointment.
west curb lane of South Elmwood Ave. between Niagara and the Court St Section 2. Insofar as the provisions of this local law are inconsistent with
and Strats St. to vehicular traffic and Whereas: This is necessary to the provisions of any other local law or act, the provisions of this local law
faulitate homeland security at the FBI Headquarters. Whereas: Issues shall be controlling.
have arisen relative to closing South Elmwood. Now Therefore Be It Section 3. This local law shall take effect immediately.
Resolved: That the Department of Public Works, Park and Streets be and APPROVED AS TO FORM
He hereby is authorized to use Strats Street to vehicular traffic, subject to NOTE: Matter in brackets [ ]to be deleted; matter underlined is new.
any conditions as determined by the Department of Public Works, Parks REFERRED TO THE COMMITTEE ON LEGISLATION
and Streets. AYES - 7 - NOES – 1
PASSED AYES - BONIFACIO, COPPOLA, FONTANA, FRANCZYK AND
AYES - 6 - NOES – 2 GOLOMBEK, GRIFFIN AND RUSSELL
AYES - BONIFACIO, COPPOLA, DAVIS, FONTANA, GRIFFIN AND NOES – DAVIS,
RUSSELL
NOES – FRANCZYK AND GOLOMBEK NO. 130
By: Mr. Golombek
No. 128 City of Buffalo
By: Mr. Golombek Local Law No. _ (2004)
City of Buffalo Introductory No. 3 (2004)
Local Law No. _ (2004) A LOCAL LAW amending the Charter of the City of Buffalo in relation to
Introductory No. 1 (2004) eligibility for election to the office of comptroller.
A LOCAL LAW amending the Charter of the City of Buffalo in relation to BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF
eligibility for election to the office of council member. BUFFALO AS FOLLOWS:
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF Section 1. That Section 7-2 of the Charter of the City of Buffalo, adopted
BUFFALO AS pursuant to law, is hereby amended as follows:
Section 1. That Section 3-5 of the Charter of the City of Buffalo, adopted § 7-2. Election; Term; Residence Requirement.
pursuant to law, is hereby amended as follows: At the general election held in the year [200312007 and every fourth year
§ 3-5. Election and Terms of Common Council Members. thereafter a comptroller shall be elected by the electors of the entire city
The terms of office of the council members as of the effective date of this for a term of four years.
charter shall continue until the installation of council members chosen in Any comptroller hereafter elected as such under this act shall be eligible
general elections in accordance with this section. for re-election for only one additional consecutive term.
At the general election in the year [2001] 2007, and every fourth year No person shall be eligible for election or appointment as successor to the
thereafter, one district council member shall be elected by the electors of office of the comptroller who has not been a resident as defined in section
each council district for a term of [two] four years. [At the general election 24-4 of this charter of the city for a period of at least one year immediately
held in the year 2003 and every fourth year thereafter, one district council preceding the date of his or her election or appointment.
member shall be elected by the electors of each council district for a term Section 2. Insofar as the provisions of this local law are inconsistent with
of four years.] the provisions of any other local law or act, the provisions of this local law
The persons elected to the common council shall take office on the first shall be controlling.
day of January following the general elections in which they were elected, Section 3.This local law shall take effect immediately.
and shall be eligible for re-election for onl three consecutive additional APPROVED AS TO FORM
terms. NOTE: Matter in brackets [ ]to be deleted; matter underlined is new.
Section 2. Insofar as the provisions of this local law are inconsistent with REFERRED TO THE COMMITTEE ON LEGISLATION
the provisions of any other local law or act, the provisions of this local law AYES - 7 - NOES – 1
shall be controlling. AYES - BONIFACIO, COPPOLA, FONTANA, FRANCZYK AND
Section 3. This local law shall take effect immediately. GOLOMBEK, GRIFFIN AND RUSSELL
APPROVED AS TO FORM NOES – DAVIS,
NOTE: Matter in brackets [ ]to be deleted; matter underlined is new.
NO. 131 Req NFTA to Returnn Waterfront Property Back to COB
By: Mr. Griffin RESOLUTION
Feasibility Study for a Gateway Tunnel and the Removal of the By: Mr. Griffin, Mr. Fontana
Skyway Bridge Request NFTA to Return Waterfront Property Back to the City of
Whereas: In 1990 a Gateway feasibility study was prepared by Buffalo
Hayden/Wegman and Jenny Engineering Corporation to explore Whereas: The City of Buffalo should be in control of its own future; and
constructing a tunnel from downtown Buffalo to Fuhrman Blvd. and the Whereas: In most waterfront cities, the key to economic growth and
removal of the Skyway bridge; and prosperity lies in the development of the areas near the water. Waterfront
Whereas: Five alternate options were proposed; the first option called for land is one of the most valuable assets the City of Buffalo has; and
construction of a tunnel and the removal of the Skyway bridge. In 1990 Whereas: On May 2, 1967, the New York State Legislature passed
dollars, that option carried a $113.6 million price tag; and legislation that Governor Rockefeller signed which established the
Whereas: The study resulted in Congressman Henry Nowak securing Niagara Frontier Transportation Authority (NFTA); and
$20 million for demolition of the Skyway and the construction of the Whereas: Chapter 717 of this New York State Law of 1967 placed most
tunnel; and of this real estate on the Outer Harbor area of the Buffalo Waterfront
Whereas: Unfortunately, after Congressman Nowak left office, the $20 under the control of the NFTA, The NFTA owns approximately 410 acres
million was used for other purposes; and of land on the waterfront; and
Whereas: Access to the outer harbor has been a deterrent for the Whereas: Under the legislation, a section entitled "Acquisition and
development of our waterfront; and Dispensation of Real Property", states that the NFTA has the authority to
Whereas: The Skyway Bridge often has to be closed when inclement dispose of any property that is not primarily being used for transportation
weather hits, or when there is an accident on the bridge. This presents a services; and
very dangerous situation and also take police officers off the street so that Whereas: Since the passing of this bill almost 37 years ago, the
they can block off the bridge entrances on both sides; and waterfront property along the Outer Harbor has not been utilized to the full
Whereas: Construction of a new tunnel and demolition of the Skyway extent of its potential, and there has been little or no development of this
bridge would also open up prime waterfront land for economic valuable land; and
development projects in the City of Buffalo; and Whereas: Meanwhile, successful development of the Inner Harbor by the
Whereas: There is currently about $50 million in unused State funds from City of Buffalo, assisted with Federal funds, has included 300 condos,
the Adelphia Operations Center project that could be allocated to this apartments and townhouses, three office buildings, the Erie Basin Marina,
undertaking; as well as a restaurant and walking paths and recreational areas for the
Now, Therefore be it Resolved: enjoyment of the residents of Buffalo and
That the Common Council requests the Department of Public Works, Western New York; and
Parks & Streets review and update the 1990 Gateway feasibility study; Whereas: In 1978, the Inner Harbor lands and buildings were valued at
and $2 million. Today, the properties and land are valued at approximately
Be it Further Resolved: $140 million, and generate over $5 million in taxes and fees for the City of
That the City Clerk's office send certified copies of this resolution to the Buffalo;
Department of Public Works, the Buffalo Urban Renewal Agency, the Now, Therefore be it Resolved:
New York State Department of Transportation, to Congressman Jack That the Common Council supports returning waterfront property along
Quinn, and to Mayor Anthony Masiello to review this resolution and send the Outer Harbor, now under the control of the NFTA, to the City of
their comments and recommendations as to the feasibility of this Buffalo for development; and
proposal. Be it Further Resolved:
ADOPT FINAL RESOLVE: REMAINDER TO COMMITTEE ON That the Corporation Counsel advise this Honorable Body as to what the
COMMUNITY DEVELOPMENT appropriate process is for the City of Buffalo to take control of this land
along the Lake Erie shoreline; and
NO. 132 Be it Finally Resolved:
By: Mr. Griffin and Mr. Davis That the City Clerk's office send certified copies of this resolution to
Subject: Request a Feasibility Study on the Reuse of the South Governor George Pataki, to the leadership of both the New York State
Michigan Avenue Bridge Senate and Assembly, as well as the Western New York delegation of the
Whereas: In 1978 the City of Buffalo requested that the Corps of New York State Senate and Assembly, to Erie County Executive Joel
Engineers remove the abutments of the South Michigan Avenue Bridge Giambra, to the Erie County Legislature, to Mayor Anthony M. Masiello,
on the City of Buffalo's Ship Canal; and and to the NFTA.
Whereas: Opening the South Michigan Avenue Bridge to traffic would be ADOPT 2ND RESOLVE: REMAINDER TO COMMUNITY
beneficial to residents and visitors alike as it would provide an additional DEVELOPMENT
entrance and exit into Downtown Buffalo as well as encourage and
provide accessibility to our Waterfront; and
Whereas: In addition, the opening of the South Michigan Avenue Bridge No. 134
would allow for improved traffic flow and an alternative route should the BY: ANTOINE M. THOMPSON
Skyway become inaccessible due to weather conditions and/or repairs; Appointments
and Commissioner of Deeds
Whereas: Reconstruction of the South Michigan Avenue Bridge should That the following persons are hereby appointed as Commissioner of
be achieved in conjunction with the City's Master Plan and the goals of Deeds for the term ending December 31, 2004,
revitalizing Downtown and our Waterfront development plans. conditional, upon the person so appointed certifying
Now, Therefore Be It Resolved That: under oath to their qualifications and filing same
This Common Council requests Public Works to provide immediate input with the City Clerk:
regarding a feasibility study for the purpose of reconstructing the South James Alonzo Carmen Block
Michigan Avenue Bridge and its abutments; and Carol Crump Augustine Olivinisa
Be It Further Resolved That: Ricardo Rodriguez Michael Saccomanno
This Common Council requests that the City Clerk send a certified copy Total: 6
of this resolution to the Army Corps of Engineers and the City's Urban ADOPTED
Renewal Agency.
REFERRED TO THE COMMITTEE ON COMMUNITY NO. 135
DEVELOPMENT, COMMISSIONER OF PUBLIC WORKS, PARKS ANNOUNCEMENT OF COMMITTEE MEETINGS
AND STREETS, AND BURA The following meetings are scheduled. All meetings are held in the
Common Council Chambers, 13 1h floor City Hall, Buffalo, New York,
No. 133 unless otherwise noted.
Regular Committees
Committee on Claims Wed, February 4, 2004 at 10:00 A.M.
Committee on Civil Service Tues, February 10, 2004 at 9:30 A.M.
Committee on Finance Tues, February 10, 2004 at 10:00 A.M.
following Civil Service
Committee on Legislation Tues, February 10, 2004 at 2:00 P.M.
Committee on Comm. Dev. Wed, February 11, 2004 at 10:30 A.M.
Special Committees
MBEC Mon, February 9, 2004 at 10:00 A.M. in Room 1417 City Hall
(Public Disclaimer): All meetings are subject to change and cancellation
by the respective Chairmen of Council Committees. In the event that there
is sufficient time given for notification, it will be provided. In addition, there
may be meetings set up whereby the City Clerk's Office is not made
aware; therefore, unless we receive notice from the respective Chairmen,
we can only make notification of what we are made aware.
No. 136
Adjournment
On a motion by Mr. Coppola, Seconded by Ms. Russell the Council
adjourned at 4:00 pm