HomeMy WebLinkAbout05-1227
No.24
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
DECEMBER 27, 2005
MAYOR
Hon. Anthony M. Masiello
ACTING COMPTROLLER
Andrew Sanfilippo
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
FILLMORE DISTRICT
David A. Franczyk
PRESIDENT PRO TEMPORE
UNIVERSITY DISTRICT
Bonnie E. Russell
MAJORITY LEADER
DELAWARE DISTRICT
Marc A. Coppola
DISTRICT COUNCIL MEMBERS
BRIAN C. DAVIS - ELLICOTT
RICHARD A. FONTANA - LOVEJOY
ANTOINE M. THOMPSON - MASTEN
DOMINIC J. BONIFACIO Jr. - NIAGARA
JOSEPH GOLOMBEK JR. - NORTH
JAMES D. GRIFFIN - SOUTH
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Joseph Golombek Jr., Richard A. Fontana-
Members
CLAIMS COMMITTEE: Jeffrey M Conrad, Chairman, Richard A. Fontana, Joseph Golombek,Jr., Antoine M. Thompson -
Members
COMMUNITY DEVELOPMENT COMMITTEE: Joseph Golombek, Jr. Chairman, Dominic J. Bonifacio Jr., Bonnie E. Russell,
Antoine M. Thompson - Members
FINANCE COMMITTEE: Brian C. Davis, Chairman, Dominic J. Bonifacio, Jr., Marc A. Coppola, Jeffrey Conrad - Members.
LEGISLATION COMMITTEE: Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Marc A. Coppola, Bonnie E. Russell -
Members
RULES COMMITTEE: David A. Franczyk, Chairman
Marc A. Coppola, Bonnie E. Russell - Members
SPECIAL COMMITTEES
BUDGET COMMITTEE:Dominic J. Bonifacio, Jr., Chairman, Marc A. Coppola, Brian C. Davis, Joseph Golombek, Jr. -
Members
MINORITY BUSINESS ENTERPRISE COMMITTEE- Antoine M. Thompson, Chairman Brian C. Davis, Jeffrey Conrad
EDUCATION COMMITTEE
Antoine M. Thompson, Chairman, Richard Fontana, David Franczyk, Bonnie Russell
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, DECEMBER 27, 2005
AT 2:00 P.M.
PRESENT – David A. Franczyk, President of the Council, and and Council Members Bonifacio, Coppola, Davis,
Fontana, Golombek, Griffin, Russell and Thompson – 9.
ABSENT - None
On a motion by Mr. Coppola seconded by Mr.Fontana, the minutes of the stated meeting held on December 13, 2005 were
approved.
FROM THE MAYOR
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 1
CITY OF BUFFALO
BLOCK GRANT FUNDING WILLIAM/EMSLIE YMCA CENETR
Dear Ms. Rushton:
Please accept this letter as a response and comment to the following Common Council item:
Item #70 C,C,P, November 29, 2005, "B. Davis-M. Chapman Support Block Grant Funding. - William/Emslie YMCA Program
Center,"
The Office of Strategic Planning is currently reviewing 88 applications for Year 32 CDBG funding. Organizations with strong
applications and a history of effectively and efficiently delivering proposed services with measurable outcomes will receive serious
consideration. We will provide a report and presentation to the Common Council at the completion of the reviews.
If you have any questions or concerns, please feel free to contact me via telephone or email at 851-5035 or twanamaker@,city-
buffalo.com.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 2
ITEM #144 C.C.P. DECEMBER 13, 2005,)
'EST. & DESIGNATION OF DISTRICT NEIGHBORHOOD FOR REAL ESTATE MARKETING" /
The Office of Strategic Planning is pleased to facilitate the Common Council's desire to take an active roll in marketing
neighborhoods in the City of Buffalo. We look forward to working with each member to develop marketing pieces for neighborhoods
in their individual districts.
In reference to the request that the Office of Strategic Planning provide a report listing the description and detailed information on
each Common Council districts respective neighborhoods, OSP can provide census data down to the block group; however the
definition of boundaries are usually left to the interpretation of the residents living within the neighborhoods. We have 12 planning
communities and have included information on those communities as attachments to this letter.
We will need to work with individual Council Members and their constituents to define neighborhood names and boundaries.
We look forward to working with all of the members of the Council to complete this project.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 3
P HOTUNG-PURCHASE OF 50 COURT ST
Ms. Jacqueline E. Rushton
Senior Legislative Assistant
65 Niagara Square, Room 1413
Buffalo, New York 14202
Dear Ms. Rushton:
Please accept this letter as a response and comment to the following Common Council item:
The Buffalo Urban Renewal Agency at its last meeting held on December 8, 2005, approved a Land Disposition Agreement (LDA)
for this property. This approval was made after carefully reviewing new purchasing proposals and appraisals. An analysis of new
appraisals was conducted, as well as proposed uses identified by developers. It was determined by the BURA Board of Directors to
sell the property for $700,000 with a $150,000 contingency for major subsurface issues such as, if encountered, demolition of the
former building's foundation. The LDA is with Ellicott Development which plans to construct a 335,000 square foot building with
parking at the site. Other proposals by developers included at grade and/or structured parking only. The Buffalo Urban Renewal
Agency has determined the highest and best use of the proposals received is the new office building proposal. The Office of
Strategic Planning recommends approval of the LDA and sale of this property with required protections as identified in the LDA.
If you have any questions or concerns, please feel free to contact me via telephone or email at 851-5035 or twanamaker~city-
buffalo.com.
RECEIVED AND FILED
NO 4
SCHOOLS TRANSFERRED TO STRATEGIC PLANNING SCHOOL# 59, NO 60
Dear Ms. Rushton:
Please accept this letter as a response and comment to the following Common Council item:
Item #10 C.C.P. November 29, 2005, "Schools Transferred to Strategic Planning - Division of Real Estate's Jurisdiction (769 Best -
School No. 59 -Fillmore District, 238 Ontario - School No. 60 - North District)"
As expected, the Office of Strategic Planning has received notification from the Buffalo School Board that properties known as 769
Best (School 59) and 238 Ontario Street (School 60) are being abandoned for use as educational facilities. The Real Estate
Department will begin marketing the properties for sale upon receipt; we have already received inquiries about the Ontario Street
property.
If you have any questions or concerns, please feel free to contact me via telephone or email at 851-5035 or twanamaker~,city-
buffalo.com.
Timothy E. Wanamaker Executive Director
RECEIVED AND FILED
NO. 5
WATERFRONT VILLAGE ADVISORY COUNCIL
CCP# 60 NOVEMBER 29, 2005
December 15, 2005
Ms. Jacqueline E. Rushton
Senior Legislative Assistant
65 Niagara Square, Room 1413
Buffalo, New York 14202
Dear Ms. Rushton:
Please accept this letter as a response and comment to the following Common Council item:
The Buffalo Urban Renewal Agency received a proposal from Mr. Divitta, Sr. to develop a 2.4 acre waterfront site for high-end
market-rate condominiums. The proposal met with stark resistance from the community. The BURA staff removed the item from the
agenda of the last BURA Board of Directors meeting and recommended the developer meet with the community to identify
opportunities for developing the site. Staff also recommended issuing a Request for Proposal for the site next year.
If you have any questions or concerns, please feel free to contact me via telephone or email at 851-5035 or twanamaker-city-
buffalo.com.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
FROM THE COMPTROLLER
NO. 6
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
FUND BALANCE DESIGNATED FOR CAPITAL OUTLAY CAPITAL OUTLAY - LAND IMPROVEMENTS
We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20-11 of the Charter, that
an increase in the sum of $1,000,000 in the estimate for the fiscal year beginning July 1, 2005 is necessary in Inspections Capital
Outlay to meet a contingency which could not have been reasonably foreseen when the budget was adopted. The increase is
needed for demolitions. The amount of increased appropriations will be met from the Reserved Fund Balance for Capital Outlay.
The details of the requirements are set forth below:
FROM
10000000 - 241100 Unreserved/Designated Balance for Capital Outlay
TO
16550007 - 471 O10 Inspections Capital Outlay Land Improvements
Dated: Buffalo, NY, December 15, 2005
RECEIVED AND FILED
NO. 7
BUFFALO SEWER AUTHORITY
SINGLE SOURCE & SOLE
SOURCE CONTRACTS
AUDIT UPDATE TO JULY 2005
AUDIT SCOPE
To review contracts submitted to the Board for approval.
To review the number and dollar amount of contracts approved by the Board.
BACKGROUND SUMMARY
The Board minutes for the BSA were reviewed from April 2000- July 2005 for purpose of determining single and sole source
contract magnitude. In addition, New York State Open Meeting Law was used to review meeting accessibility.
AUDIT FINDING
Contracts:
The review of the Board minutes and approvals therein revealed that a large number and dollar amount of contracts were not bid.
The Single Source or Sole Source contracts were approved in approximately 56% of the cases reviewed for the period 11/12/03-
7/27/05. The previous audit for the period 4/19/00-10/1/03 reflected a 53% rate. There is no evidence that corrective action was
taken to limit the number of these contracts, instead the effect was a deterioration of the process as evidenced from the percentage
increase. There was not any additional information provided to the Board to substantiate the lack of bidding from the internal
Evaluation Team. The Board was informed that this team had discussed the reasons and had support for their findings for not
bidding prior to the submission of the agenda item. Due to time and manpower considerations, we were unable to audit the records
to determine whether that process described was in fact followed.
The periods reviewed from 4/19/00-7/27/05 revealed that 168 of 302 contracts approved were not bid (approved as sole source or
single source contracts). The dollar impact of these contracts, which were not bid, is in excess of $12 million.
The Board of Directors was informed of the various reasons why a single or sole source was being requested or required, per the
review of supporting documentation. Such reasons include specific
requirements by manufacturers, franchise requirements, limited availability of parts, inability to perform, timeliness etc.
This information was submitted to the Directors in advance of the meetings; the directors asked questions on the issues and voted
on the item.
In addition the last audit was discussed as an agenda item at a regular Board Meeting, and the members were receptive to a closer
supervisory role, evident from their questions of the BSA administration.
As noted above, the results reflect that 56% of the number of contracts approved by the Board were single or sole source contracts.
This ratio is extraordinarily high for a contract process that presumes bidding under its enabling legislation (paragraph 1181).
The dollar value associated with these single source contracts is approximately $12.1 million of the total contract value of $55.5
million, or 22% of the contract value.
Change orders:
There were two change orders since the last audit and these totaled $165,000. The two were in excess of 15%, which we
recommended as a reasonable level, and subsequently was reflected in their Board approved purchasing procedures. We also
recommended to the BSA management and Board that change orders should include sufficient additional support for the Board
approval. This has not taken place. One was on a previously sole bid contract.
The previous audit revealed that at least 12 vendors had change orders that were in excess of a maximum 15% guideline. These
included: BFI Waste Systems (71%), C. Destro Development (96%), Malcolm Pirnie (54%), URS Greiner (75%), R&D Engineering
(38%) and others. The largest dollar amount of change orders was $3,177,976 (54%) from Malcolm Pirnie.
The basic assumption is that the awarded contract is for performance at a specified amount. Changes to the awarded contract bring
into question whether the bid should have been accepted in the first place. We were unable to determine, due to the lack of
supporting documentation, if the change order related to a subsequent change to the original contract. We did note, however, that
the Board properly authorized all change orders.
Formal bids required.
Under the specific New York State legislation creating the Buffalo Sewer Authority, there is a specific $7,000 threshold for formal
bidding procedures. The legislation can only be changed by the Legislature and an offer was made in the past to the BSA to assist
in any proposal to the state of New York.
Under Title 8 of Public Authorities "Buffalo Sewer Authority":
1181. Construction contracts. If the project, or any portion thereof, or any addition, betterment or extension to the facilities, shall be
constructed pursuant to a contract for which the estimated cost exceeds seven thousand dollars, such contract shall be awarded to
the lowest responsible bidder after advertisement for bids.
The Public Works department of the City fails under the GML and their thresholds are higher.
The General Municipal Law Section 103
1. Except as otherwise expressly provided by an act of the legislature or by a local law adopted prior to
September first, nineteen hundred fifiy-three, all contracts for public work involving an expenditure of
more than twenty thousand dollars and all purchase contracts involving an expenditure of more than ten
thousand dollars, shall be awarded by the appropriate officer, board or agency of a political subdivision
or of any district therein including but not limited to a soil conservation district, to the lowest responsible
bidder furnishing the required security after advertisement for sealed bids in the manner provided by this
section.
Open Meetings Law violations
There is an official meeting of the Buffalo Sewer Authority when there is notice of a meeting and at least three of the five members
(a majority) of the Board members are present.
Prior to the "official" start of the monthly meetings, there is a pre-conference of Board members and some employees of the
authority. This constitutes a violation of the Open Meetings Law. The instances are regular practice. The Board members may not
be aware of this yet.
As explained in the Law, any matters that are eligible for "Executive Session" discussion would require a break from the formal
session, and a subsequent statement for the official minutes after the executive session was held. Any decisions on such matters
would then need to be voted on in the Board meeting. This has occurred on only a few instances, and the explanation centered on
possible lawsuits or personnel matters.
OPEN MEETINGS LAW - PUBLIC OFFICERS LAW, ARTICLE 7
§100. Legislative declaration.
It is essential to the maintenance of a democratic society that the public business be performed in an open and public manner and
that the citizens of this state be fully aware of and able to observe the performance of public officials and attend and listen to the
deliberations and decisions that go into the making of public policy. The people must be able to remain informed if they are to retain
control over those who are their public servants. It is the only climate under which the commonweal will prosper and enable the
governmental process to operate for the benefit of those who created it.
"Public body" means any entity, for which a quorum is required in order to conduct public business and which consists of two or
more members, performing a governmental function for the state or for an agency or department thereof, or for a public corporation
as defined in section sixty-six of the general construction law, or committee or subcommittee or other similar body of such public
body.
"Executive session" means that portion of a meeting not open to the general public.
New York State Authorities Law - Public Authorities - Title 8 Buffalo Sewer Authority S 1177. Buffalo Sewer Authority.
"
A board, to be known as "Buffalo Sewer Authority, is hereby created. Such board shall be a body corporate and politic constituting
a public benefit corporation.
Such board shall consist of five members, each of whom shall be a resident of the city of Buffalo and who shall be appointed by the
mayor of the city.
The powers of the board shall be vested in and exercised by a majority of the members thereof then in office.
RECOMMENDATIONS
1. Notification to the Board of our results, with annual updates.
2. BSA should create a specific form for the use of the Board in approving contract bids, including RFP requirements and a
written statement by the responsible official that there is no other source available. Lacking this information, the Board should not
approve such contracts until there is bid submitted and evaluated. We further recommend that the bid process, which has been
described, to the Board as an Evaluation Panel produces documentation for review by this office or in conjunction with the Annual
Audit performed by their external auditors.
3. Support for change orders greater than 15% should be presented to the Board for approval. This should take the form of
the same Panel(s) to facilitate the decision-making process for the Board.
4. The Board may consider consultation with an outside firm with the required technical expertise not available to the board
or the Auditors to review some of the bids.
5. Change the requirements for formal bid approvals at the BSA Board meetings to $7,000, and consider reviewing those
approved under that threshold to report to the Board. In addition, the Authority may seek to amend the language in the Buffalo
Sewer Authority state legislation to raise the limits. We would repeat our offer of assistance in this endeavor. We have contacted a
State legislator's office but have not received a reply.
6. Change orders need to be controlled at the Board level at the 15% level or below. The large dollar amount of change
orders and the sizable percentage changes require a better policy. An "unofficial" policy and procedures manual prepared by BSA
staff included this as a reasonable level to attain.
7. The meetings prior to the "official" Board Meeting must be open to the public, which should include those who are not
currently present at the pre-meeting. The media has not been able to attend this "open" meeting despite the fact that a majority of
members are present.
REFERRED TO THE COMMITTEE ON FINANCE
NO 8.
CERTIFICATE OF APPOINTMENT
Appointment Effective: December 12, 2005 in the Department of Division of Audit & Control, Division of Accounting to the Position
of Junior Accountant
Temporary, Appointment at the second step of $29,682
Ronald L. Wachowski, 134 Weimar Street, Buffalo NY 14206
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION
NO. 9
THREE YEAR AVERAGE FOR ASSESSED VALUATION OF CITY PROPERTIES
"RESOLUTION #98
C.C.P. NOVEMBER 29,2005
This is in response to Councilmember Coppola's Resolution requesting the City to assess properties using a three-year averaging
method, through the establishment of a rotation system dividing the City into thirds, whereby only one-third of the property will be
subject to assessment changes in any given year, with real property taxes on a parcel to remain unchanged until a three year
average for a property has been completed.
According to the New York State Office of Real Property Services and the New York State Real Property Tax Law, we are
mandated to maintain fair and equitable values for all properties within the City of Buffalo. The proposed method of assessment is
contrary to the real property statutes governing assessment and reassessment in New York State. Additionally, we are committed to
the Annual Reassessment Program which mandates that the City review all properties within the City of Buffalo. Under Annual
Reassessment, we review the entire City and based on our analysis of area sales in conjunction with other established assessing
factors and criteria, those areas where values are inequitable are reviewed in depth and inequitable values are corrected.
With respect to a possible "crash" of the "real-estate bubble" as predicted by some media, we are attaching several articles reported
in local Western New York media, i.e., the and showing that sales remain good for this area, and that at
Buffalo News Business First
best, a slight stagnation in sales prices might occur in the future.
The City of Buffalo is in its sixth successful year of Annual Reassessment which has resulted in fair and equitable values for all
properties, at 100% of market. We are committed to continuing Annual Reassessment - to do otherwise would be a disservice to the
City and its taxpayers.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF PUBLIC WORKS
NO. 10
REPORT OF BIDS - GENERAL CONSTRUCTION
2006 TREE REMOVALS
(CITY WIDE)
I advertised on December 7, 2005 and have received the following bids for the 2006 Tree Removals contract, which were publicly
opened & read on December 21, 2005.
General Contractor Base Bid Unit Bid Increase
Schneck's Tree Removal, Inc. $510,051.00 $561,056.10*
2861 Southwestern Blvd.
Orchard Park, NY 14127
Appex Tree Services No Bid Received
10 Manko Lane
Cheektowaga, NY 14227
Scott Lawn & Yard No Bid Received
5552 TownIine Rd.
Sanborn, NY 14132
Eastwood Industries No Bid Received
P.O. Box 305
North Boston, NY 14110
New Cal Construction No Bid Received
10994 Tinkham Rd.
Darien Center, NY 14040
I hereby certify the foregoing is a true and correct statement of the bids received and that Schneck's Tree Removal, Inc. of Orchard
Park, NY is the lowest responsible bidder in accordance with the plans and specifications; and that the contract amount is
$561,056.10
(*$51 O, 051. O0 + 10% = $561,056.1 O)
I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to order the work on the basis of
the low bids. The Engineer's estimate for this work was $510,000.00 and funds for this work are available in account #35310106,
37400206 & 38400206
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated December 22, 2005, be received
and filed; and
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the 2006 Tree
Removals - City Wide, General Contractor, to Schneck's Tree Removal, Inc, the lowest responsible bidder, in the amount of
$561,056.10 ($510,051.00 + 10% = $561,056.10). Funds for the project are available in account #35310106, 37400206 &
38400206.
PASSED
AYES - 9 NOES - 0
NO. 11
REPORT OF BIDS
METERING PUMP REPLACEMENT
ELLICOTT
Plans and specifications were prepared and sealed proposals accepted for the Metering Pump Replacement at the Colonel Ward
Treatment Plant and Pump Station.
I submit the attached report of bids received which were opened in my office at 11:00 a.m. on November 4, 2005.
Hoot Mechanical & Electrical, Inc. $56,200.00
770 Riverview Blvd
Tonawanda, NY 14150
John W. Danforth, Co. $71,400.00
300 Colvin Woods Pkwy
Tonawanda, NY 14150
Kandey Company $78,520.00
19 Rasier Drive
West Seneca, NY 14224
I certify that foregoing is a true and correct statement of all bids received and that Hoot Mechanical & Electrical, Inc. is the lowest
responsible bidder complying with the specifications.
I respectfully request that your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to enter into a
contract with Hoot Mechanical & Electrical, Inc. for the cost thereof to be charged to the Division of Water capital bond account
53190676 in the amount of $56,2000.00 plus 10% for approved unit prices for a total encumbrance of $61,820.00.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated December 11, 2005, be received
and filed; and
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the Metering
Pump Replacement, to Hoot Mechanical & Electrical, Inc, the lowest responsible bidder, in the amount of $56,200.00 plus 10% for
approved unit prices for a total encumbrance of $61,820.00). Funds for the project are available in the Division of Water capital bond
account 53190676.
PASSED
AYES - 9 NOES - 0
NO. 12
REPORT OF BIDS
REHABILITATION OF PUMP #2 AND MOTOR AT MASS.
ELLLCOTT
Plans and specifications were prepared and sealed proposals accepted for the Rehabilitation of Pump #2 and Motor at the
Massachusetts Avenue Pump Station.
I submit the attached report of bids received which were opened in my office at 11:00 a.m. on November 16, 2005.
John W. Danforth, Co. $423,700.00
300 Colvin Woods Pkwy
Tonawanda, NY 14150
Hohl Industrial Services, $478,578.00
770 Riverview Blvd
Tonawanda, NY 14150
Inc.
Kandey Company $497,700.00
19 Ransier Drive
West Seneca, NY 14224
I certify that foregoing is a true and correct statement of all bids received and that John W. Danforth, CO. is the lowest responsible
bidder complying with the specifications.
I respectfully request that your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to enter into a
contract with John W. Danforth, Co. for the cost thereof to be charged to the Division of Water capital bond account 53200686 in the
amount of $423,700.00 plus 10% for approved unit prices for a total encumbrance of $466,070.00.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated December 21, 2005, be received
and filed; and
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to award a contract for the
Rehabilitation of Pump #2 and Motor at the Massachusetts Avenue Pump Station, to John W. Danforth, Co., the lowest responsible
bidder, in the amount of $423,700.00 plus 10% for approved unit prices for a total encumbrance of $466,070.00). Funds for the
project are available in the Division of Water capital bond account 53200686.
PASSED
AYES - 9 NOES - 0
NO. 13
BLOCK GRANT FUND TRANSFER
PERRY STREET
INFRASTRUCTURE IMPROVEMENTS
(FILLMORE)
I hereby request that Your Honorable Body authorize a transfer of CDBG funds in the amount of $19,07021 from CDBG Account
#29-10200 to our Capital Account #30032106 for partial funding of Seneca Street milling & paving. (See attached BURA Item 3a of
April 14, 2005.)
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated December 20, 2005, be received
and filed; and
That the Comptroller be, and he hereby is authorized to transfer of CDBG funds in the amount of $19,070.21 from CDBG Account
#29-10200 to the Department of Public Works Capital Account #30032106 for partial funding of Seneca Street milling and paving.
PASSED
AYES - 9 NOES - 0
NO. 14
CHANGE IN CONTRACT
ELMWOOD HERTEL FIRE STATION
CONSTRUCTION
JOB #0436
NORTH DISTRICT
I hereby submit to Your Honorable Body the following changes for the Elmwood Hertel Fire Station, Construction, General
Construction, Concept Construction, C #92010961.
1. #12 - Provide and install additional (6) 12" High Reverse Channel Illuminated Letters to the exterior of the building.
Add $2,228.00
2. #13 - Install structural steel support for overhead door spring at the center bay door.
Add $1,326.00
3, #15 - Provide and install (1) 2436 upper cabinet and (1) 12" wide base unit.
Add $ 353.00
The foregoing change results in a net increase in the contract of Three Thousand Nine Hundred Seven and 00/100 Dollars
($3,907.00).
Current Contract Amount $1,866,812.00
Amount of This Change Order (#8) $ 3,907.00
Revised Contract Amount $1,870,719.00
Costs have been reviewed by the Consulting Architect (Carmina & Wood, P.C.) and the Department of Public Works, Parks &
Streets and were found to be fair and equitable. Funds for this work are available in 30062306 445100 - Division of Buildings.
I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the
contractor as set forth above.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated December 15, 2005, be received
and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 8, to Concept
Construction, an increase in the amount of $3,907.00, as more fully described in the above communication, for work relating to Job
No. 0436, Elmwood Hertel Fire Station Construction, C #92010961. Funds for this project are available in 30062306 445100 -
Division of Buildings.
PASSED
AYES – BOMNIFACIO, CONRAD, COPPOLA, DAVIS, FRANCZYK, RUSSELL, THOMPSON – 7 NOES- FONTANA, GOLOMBEK -
2
NO. 15
CHANGE IN CONTRACT
MAIN MERCER FIRE STATION
EXPANSION & RECONSTRUCTION
JOB #0422
MASTEN DISTRICT
I hereby submit to Your Honorable Body the following changes for the Main Mercer Fire Station, Expansion & Reconstruction,
General Construction, The Peyton Barlow Co., C #92010964.
1.JM #35r - Reconstruction to existing roof and brick wall from removal of the existing plymovent duct work.
Add $ 2,409.00
2. JM #38 - Additional costs to replace an approximately 10' section of City sidewalk along Main St. that runs into the adjacent
property to the south. Add2,450.00
3. #48 - Reconstruct two areas in existing Engine 34 dorm room. Add $ 667.00
4. JM #49 - Additional costs necessary to provide remote antennae, 1 for each door operator, to improve remote transmitter
reception. Add $ 518.00
The foregoing change results in a net increase in the contract of Six Thousand Forty Four and 00/100 Dollars ($6,044.00).
Current Contract Amount $1,188,479.05
Amount of This Change Order (#11) $ 6,O44.OO
Revised Contract Amount $1,194,523.05
Costs have been reviewed by the Consulting Architect (Bergmann Associates) and the Department of Public Works, Parks & Streets
and were found to be fair and equitable. Funds for this work are available in 38320206 445100 - Division of Buildings.
I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the
contractor as set forth above.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated December 19, 2005, be received
and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 11, to The
Peyton Barlow Co., an increase in the amount of $6,044.00, as more fully described in the above communication, for work relating
to Job No. 0422, Main Mercer Fire Station, Expansion & Reconstruction, C #92010964. Funds for this project are available in
38320206 445100 - Division of Buildings.
PASSED
AYES - 9 NOES - 0
NO. 16
CHANGE IN CONTRACT
MAIN MERCER FIRE STATION
EXPANSION & RECONSTRUCTION
JOB #0422
MASTEN DISTRICT
I hereby submit to Your Honorable Body the following changes for the Main Mercer Fire Station, Expansion & Reconstruction,
General Construction, The Peyton Barlow Co., C #92010964.
1. JM #25r - Provide and install guide rail design. Add $3,227.00
2. JM #28 - Credit for not taking helmet holder option for the grid gear lockers system. Deduct $351.00
3. JM #30r - Credit for not taking gutter off north side of the building, but to button up south side to be water tight. Deduct
$ 13.00
4. JM #32r - Provide and install two rows of 24" wide concrete pavers under overhang to protect the new roof. Add $549.00
5. JM #27 - Provide window details provided by Bergmann. Add $ 4,249.00
6. JM #37 - Provide and install subsurface piping and connection for omitted downspout rain leader at Ladder 7 stair tower mandoor.
Add $ 955.00
The foregoing change results in a net increase in the contract of Eight Thousand Six Hundred Fifteen and 00/100 Dollars
($8,615.00).
Current Contract Amount $1,194,523.05
Amount of This Change Order (#12) $ 8,615.00
Revised Contract Amount $1,203,138.05
Costs have been reviewed by the Consulting Architect (Bergmann Associates) and the Department of Public Works, Parks & Streets
and were found to be fair and equitable. Funds for this work are available in 38320206 445100 - Division of Buildings.
I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the
contractor as set forth above.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated December 19, 2005, be received
and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 12, to The
Peyton Barlow Co., an increase in the amount of $8,615.00, as more fully described in the above communication, for work relating
to Job No. 0422, Main Mercer Fire Station, Expansion & Reconstruction, General Construction,
C #92010964. Funds for this project are available in 38320206 445100 - Division of Buildings.
PASSED
AYES - 9 NOES - 0
NO. 17
CHANGE IN CONTRACT
NORTH JEFFERSON LIBRARY
CONSTRUCTION
JOB #0324
MASTEN DISTRICT
I hereby submit to Your Honorable Body the following changes for the North Jefferson Library, Construction, Electrical Work,
Tunney Electric, Inc., C #92010831.
1. RFI #151 - Provide and install cable and conduit for projection data connections in Auditorium and Training Lab 113.
Add $ 2,760.33
The foregoing change results in a net increase in the contract of Two Thousand Seven Hundred Sixty and 331100 Dollars
($2,760.33).
Summary Current Contract Amount $540,940.54
Amount of This Change Order (#18) Add $2,760.33
Revised Contract Amount $543,700.87
Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, Architecte, PC) and the Department of Public
Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 38321006 445100 - Division of
Buildings.
I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the
contractor as set forth above.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated December 12, 2005, be received
and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 18, to Tunney
Electric, Inc., an increase in the amount of $2,760.33, as more fully described in the above communication, for work relating to Job
No. 0324, North Jefferson Library, Electrical Work, C #92010831. Funds for this project are available in 38321006 445100 - Division
of Buildings.
PASSED
AYES - 9 NOES - 0
NO. 18
CHANGE IN CONTRACT
NORTH JEFFERSON LIBRARY
CONSTRUCTION
JOB #0324
MASTEN DISTRICT
I hereby submit to Your Honorable Body the following changes for the North Jefferson Library, Construction, General
Construction, Patrick Development of WNY, Inc., C #92010833.
1. RFI #150 - Set of custom knives to produce profile representing African Symbol selected by Artist. Add $ 546.25
2. RFI #150 - Additional set-up charges for panels modified to support hardware. Add $ 150.00
The foregoing change results in a net increase in the contract of Six Hundred Ninety Six and 25/100 Dollars ($696.25).
Current Contract Amount $3,114,841.11
Amount of This Change Order (#16) $ 696.25
Revised Contract Amount $3,115,537.36
Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, Architect, PC) and the Department of Public
Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in 38321006 445100 - Division of
Buildings.
I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the
contractor as set forth above.
DENIED
NO. 19
PAY CITY SHARE OF COSTS
NEW YORK STATE ARBORISTS, ISA CHAPTER
MLK PARK IMPROVEMENTS
MASTEN DISTRICT
Permission is requested four Your Honorable Body to pay the City of Buffalo share of costs for landscaping/tree improvements at
MLK Park. These services were performed by the N.Y. State Arborists, ISA Chapter in conjunction with our department and the
Olmstead Park Conservancy. Work consisted of hazardous tree removal, stump grinding, tree trimming, planting and soil injection
fertilizing.
The total cost of services for work performed at MLK Park has been documented at over $20,000.00 for which the city share has
been negotiated at $10,000.00.
I therefore ask that Your Honorable Body authorize a payment of $10,000.00 to the N.Y. State Arborists, ISA Chapter funds and are
available in our account 37400206 and 38400206.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated December 22, 2005, be received
and filed; and
That the Comptroller be, and he hereby is authorized to prepare a payment of $10,000.00 to the New York State Arborists, ISA
Chapter for the City of Buffalo's share costs for landscaping/tree improvements at MLK Park. Funds for this project are available in
37400206 and 38400206.
PASSED
AYES - 9 NOES - 0
/
NO. 20
PERMISSION TO ENGAGE SERVICES OF LARGE VALVE REPLACEMENT CONSULTING ENGINEER
ELLICOTT
The Division of Water requests permission from your Honorable Body to hire a consulting engineer to provide design and
construction services for large valve replacement (24" diameter and larger) in the distribution system.
The costs for consulting services including design, contract administration and inspection is not expected to exceed $i00,000.00 and
the construction cost is estimated to be $750,000.00
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated December 21, 2005 be received
and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire a consulting engineer to provide
design and construction services for large valve replacement (24" diameter and larger) in the distribution system not expected to
exceed $100,000.00 and the construction cost is estimated to be $750,000.00.
PASSED
AYES - 9 NOES - 0
NO. 21
REQUEST TO REPAIR ROOF
MAIN & MERCER FIRE STATION
ITEM NO. 68, C.C.P. 12/13/05
The referenced item was sent to this department for comment.
Assuming that sufficient funds for Fire Station Reconstruction are allocated in the 2006 Capital Budget, this department will
undertake the required roof reconstruction at the Main Mercer Fire Station as soon as bonds are sold.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated December 19, 2005 be received
and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to reconstruct the roof at the Main
Mercer Fire Station after funds are allocated in the 2006 Capital Budget and as soon as bonds are sold.
PASSED
AYES - 9 NOES - 0
NO. 22
POSITION ALLOCATION MAINTENANCE
Appointment effective December 14, 2005 in the Department of Public Works, Parks and Streets to the Position of Laborer II,
Permanent, at the Intermediate salary of $26,935
Johnnie Davis, 1256 Fillmore Ave, Buffalo, NY 14211
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 23
POSITION ALLOCATION MAINTENANCE FORM
Appointment effective December 15, 2005 in the Department of Public Works, Parks and Streets to the Position of Superintendent
of Traffic Signal Systems, Permanent, at the Intermediate salary of $37,887
Gerald E. Lewandowski, 173 Eden Street, Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 24
POSITION ALLOCATION MAINTENANCE FORM
Appointment effective December 15, 2005 in the Department of Public Works, Parks and Streets to the Position of Traffic Signal
Specialst, Permanent, at the Maximum salary of $33,392
John Armstrong, 81 Amherst Street,Buffalo, NY 14207
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF POLICE
NO. 25
DRUG ASSET FORFEITURE ANNUAL CERTIFICATION REPORT
AND AUDIT FOR FISCAL YEAR ENDING JUNE 30, 2005
Enclosed please find the completed audit report and certification report for the fiscal year ended June 30, 2005. This report is being
filed with your Honorable Body as an informational item.
If you have any questions regarding the above mentioned, please contact Chief Richard Ortiz at 851-5181.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 26
"ENFORCEMENT OF ILLEGAL DUMPING ORDINANCES"
ITEM #151, C.C.P. APRIL 13, 2004
The following information is submitted per the Council's request for a monthly report from the Buffalo Police Department
documenting the number of citations and adjudication's thereof of the city's illegal dumping ordinances:
November 2004
Total: 4
November 5, 2005
Total: 1
RECEIVED AND FILED
NO. 27
ENFORCEMENT OF NOISE ORDINANCES
ITEM #151, C.C.P. APRIL 13, 2004
The following information is submitted per the Council's request for a monthly report from the Buffalo Police Department
documenting the number of noise ordinance citations and adjudications:
November, 2004
Total: 9
November, 2005
Total: 19
RECEIVED AND FILED
NO. 28
RETURN FROM LEAVE OF ABSENCE J TUCKER
Police Officer Jeffrey Tucker, (ss# xxx-xx-9467), assigned to the Flex Unit, has returned from his personal leave of absence without
pay effective December 3, 2005.
RECEIVED AND FILED
FROM THE COMMISSIONER OF FIRE
NO. 29
BUILDING DEMOLITION
LOC. LAW INTRO. NO. 11 (2005) - DEPT. OF FIRE
#133 CCP DEC 13, 2005
In response to Common Council request and upon review of Article XIVof the Charter of the City of Buffalo
Re. 14-10 Destroying
Buffalo Fire Department submits the following recommendations for consideration.
Buildings, the
Add Division Chief- to read "the Commissioner, any Deputy Commissioner or any Division Chief or
Battalion Chief..."
Consider elimination of the term "blown up" to read - "may direct and cause to be torn down or otherwise destroyed, any
burning building or any other buildings..."
If I can be of further assistance, please contact me at 851-5333x355.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CORPORATION COUNSEL
FROM THE CORPORATION COUNSEL
NO. 30
AMENDMENT TO THE INTERMUNICIPAL COOPERATION AGREEMENT FOR THE
OPERATION~ MANAGEMENT & IMPROVEMENT OF CITY OF BUFFALO PARKLANDS
Dear County Executive:
Enclosed please find a proposed amendment to the above-referenced Agreement in regard to the Johnnie B. Wiley Sports Pavilion.
If there are no objections to the amendment, please sign the document (after all necessary approvals are obtained), and return the
original to my office as soon as possible.
If you require any additional information, feel free to contact me at 716.851.4313. Otherwise, thank you for your immediate attention
to this matter.
Very truly yours,
Michael B. Risman
Corporation Counsel
REFERRED TO THE COMMITTEE ON FINANCE
NO. 31
BUFFALO CIVIC AUTO RAMPS (BCAR) COST SAVING ISSUES
This is in response to the Finance Committee's request for a legal opinion concerning certain cost saving proposals relating to
Buffalo Civic Auto Ramps, Inc. (BCAR).
I. HEALTH INSURANCE
BCAR is a separate legal entity from the City of Buffalo ("City"). As such, their employees could not automatically participate in the
City's Health Care Plan. In addition, their current insurance plan is different from the City's plans. It is possible that Health NOW
would accept BCAR employees as a new separate unit and allows BCAR to benefit from the City's current rate. This would
necessitate the City negotiating this issue with Health NOW.
II. CITY DEPARTMENTS
BCAR is a private not-for-profit corporation and a separate legal entity from the City. City departments could not legally perform
services for a private entity such as legal representation of BCAR or internal functions of BCAR. City departments could legally
perform tasks for operation of the ramps since the City owns the ramps.
III. PURCHASING
The City could legally use its competitive bidding and purchasing procedures for acquisition of items to be used in operating the City
ramps.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 32
RE-USE OF CITY OF BUFFALO CLOSED LIBRARIES (UPDATED LIST)
Dear Mr. Mahaney:
The following City of Buffalo libraries have formal re-use plans by the City of Buffalo and/or community organizations in cooperation
with the City and its agencies:
1. Northwest Branch (Massachusetts Avenue Project)
2. Fairfield Branch (Parkside Community Association)
3. Mead Branch (Reading Room)
4. Fronczak Branch (If closed, Polish language collection only to the City of Buffalo).
5. Kensington Branch (Westminster School)
It is my understanding that the remaining City of Buffalo branches do not have reuse plans, and Erie County will move forward with
the closing process soon. Please forward at your convenience the following:
1. Deed of Transfer with inventory list attached for each branch identified above;
2. Keys to the individual branches identified above to the Director of Real Estate.
If you require anything further, please contact me at 716.851.4313. Otherwise, thank you for your time and assistance with this
matter.
REFERRED TO THE COMMITTEE ON FINANCE AND THE ERIE COUNTY LIBRARY BOARD
FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES
NO. 33
FOOD STORE LICENSE
1304 JEFFERSON (MASTEN)
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a
Food Store License located at 1304 Jefferson and find that as to form is correct. I have caused an investigation into the premises for
which said application for a food store license is being sought and according to the attached reports from the Zoning Office, Fire
Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations and other
applicable laws. This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 34
RENTAL REGISTRATION FEE REDUCTION
We would like to request Your Honorable Body reconsider the resolution which reduces the Rental Registration fees by 50% for the
2006 billing. It was our understanding the revenues generated were to be utilized to enhance the program, including additional staff
and equipment. We would like to initiate collection efforts for property owners who failed to comply, and we had hoped to bring on
additional clerical staff to handle the effort and assist with creation of the database of rental property owners. To date we have
conducted nearly 400 inspections of properties in which the owners failed to comply with the legislation, but we feel we could
intensify this effort with the addition of inspection staff.
REFERRED TO THE COMMITTEE ON BUDGET, THE COMMISSIONER OF ADMINISTRATION AND FINANCE AND THE
CORPORATION COUNSEL
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
NO. 35
DE-ICER/MELTING AGENTS
ITEM 69 C.C.P 12-13-05 & ITEM 143 C.C.P 12-13-05
IN RESPONSE TO THE ABOVE, THE CITY OF BUFFALO JOINTLY WITH ERIE COUNTY HAS AN EXISTING CONTRACT TO
PURCHASE ROAD SALT FROM AMERICAN ROCK SALT, INC. AT THE PRICE OF $25.23 PER TON. THE OPTION OF
PURCHASING SALT TREATED WITH MAGNESIUM CHLORIDE IS ALSO OFFERED AT THE PRICE OF $36.42 A TON. THE
ROCK SALT IS PRIMARILY USED FOR TEMPERATURE 20 DEGREES AND ABOVE. WHEN THE TEMPERATURE FALLS
BELOW 20 DEGREES, WE WILL DISTRIBUTE THE SALT TREATED WITH MAGNESIUM CHLORIDE. SAND IS NOT USED IN
OUR MIXTURE AS IT HAS CREATED PROBLEMS WITHIN OUR SEWER/DRAINAGE SYSTEM. THERE ARE SEVERAL ISSUES
TO BE ADDRESSED TO PERSUE THE POSSIBILITY OF USING A LIQUID CHEMICAL BASED ICE MELTER; A STUDY OF THE
CURRENT COSTS (LABOR, EQUIPMENT, & MATERIAL) FOR SNOW AND ICE CONTROL MUST BE CONDUCTED BY THE
DEPARTMENT OF PUBLIC WORKS, INCREASE OF CURRENT BUDGETARY ALLOTMENT TO UPDATE EQUIPMENT TO
CHEMICAL CAPABILITIES, DO WE HAVE THE CAPABILITIES TO MONITOR THE ACCURACY OF THE WEATHER
FORECAST? THIS IS AN INTEGRAL STEP TO THE CHEMICAL BEING DISTRIBUTED AT THE RIGHT TIME, WILL THE
SAVINGS OUTWAY THE COSTS? THERE ARE DIFFERENT TREATMENTS AVAILABLE ON THE MARKET WHICH ARE
EITHER A PRETREATMENT OR ANTI-ICING. ANTI-ICING INVOLVES THE USE OF CHEMICAL FREEZE POINT
DEPRESSANTS TO PREVENT A BOND FROM FORMING BETWEEN PAVEMENT AND/OR ICE. IN PRETREATMENT A LIQUID
WOULD BE APPLIED TO DRY PAVEMENT PRIOR TO WINTER MONTHS TO FORM A DRY RESIDUE THAT WILL FORM A
CHEMICAL SOLUTION UPON PRECIPITATION. IN USING A LIQUID CHEMICAL SYSTEM PROBLEMS CAN OCCUR IF NOT
TIMED PROPERLY FOR DISTRIBUTION. IT IS POSSIBLE THAT UNDER CONDITIONS OF CERTAIN TEMPERATURES OR
HIGH WINDS, FREEZING OF THE LIQUID CHEMICAL CAN OCCUR. IN 2001 NEW YORK STATE DOT CONDUCTED AN ANTI
ICEING TEST CALLED "JUST IN TIME" SOLID CHEMICALS WERE APPLIED AT STORM OUTSET. THEY FOUND THAT
LIQUIDS WERE NOT BENEFICIAL DUE TO STAFFING LEVELS AND THE ABILITY TO RESPOND QUICKLY. THE DIVISION OF
PURCHASE IS WILLING TO WORK JOINTLY WITH THE DEPARTMENT OF PUBLIC WORKS TO REVIEW THE FEASIBILITY
OF CHEMICAL DE-ICER/MELTING AGENTS. PUBLIC WORKS MAY ALREADY HAVE SOME PRELIMINARY COST STUDIES
DONE BUT PLACED ON HOLD DUE TO BUDGET CONSTRAINTS. I WILL FORWARD A COPY OF THIS RESPONSE TO THE
DEPARTMENT OF PUBLIC WORKS FOR FURTHER CONSULTATION.
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 36
FISCAL IMPLICATIONS OF BFSA IMPOSED WAGE FREEZE
RES. 131, C.C.P. DECEMBER 13, 2005.
This communication is in response to the above referenced item. I have reviewed the resolution and can offer at least
three different answers depending on what assumptions are employed in the analysis. Attached, please find three spreadsheets that
will enable the Common Council to determine the cost under three different scenarios. The three scenarios are as follows: 1. Lift the
wage freeze on 7/1/06 with retroactive payments and no attrition, 2. Lift the wage freeze on 7/1/06 with no retroactive payments and
no attrition, and 3. Lift the wage freeze on 7/1/06 with no retroactive payments and assuming police and fire attrition.
Scenario 1. Lift the wage freeze on 7/1/06 with retroactive payments and no attrition.
The cost of the Police contract would be approximately $1.8 million for 2004-05 (3.4 percent raise) $3.7 million for 2005-06 (another
3.4 percent raise) and $5.6 million for 2006-07 and beyond (the final 3.4 percent raise required under the contract). The cumulative
cost through 2006-07 would be $11,107,032.
For Fire the cost would be as follows. For 2002-03, the cost would be $955,367 (2.1 percent raise). In 2003-04, and going forward
into each subsequent fiscal year, the cost would be $2.5 million (3.4 percent raise). The cumulative cost through 2006-07 would be
$11,093,905. Duty Disability payments would also increase $64,145 in 2002-03 and $170,180 in 2003-04 and beyond through 2006-
07. Cumulative Duty Disability costs through 2006-07 would be $744,865 bringing Fire's total cost to $11,838,770.
Step increases would add approximately $550,000 to 2004-05, $936,000 to 2005-06 and $1.16 million to 2006-07 fiscal year costs.
The incremental increases are reduced as individuals reach top steps. The attached spreadsheet details the annual reduction in
these incremental costs. The cumulative cost through 2006-07 would be $2,648,027.
Longevity increases would add $737,439 to the base year (in this case 2004-05). 2005-06 costs would increase $946,514 and 2006-
07 costs would be $1.16 million. The cumulative cost through 2006-07 would be $2,844,037.
The total cost of scenario one, through 2006-07 would be $28,437,866. It is important to note that this scenario is not possible
under the BFSA enabling legislation. It is included here to show the extent of savings under the wage freeze.
Scenario 2. Lift the wage freeze on 7/1/06 with no retroactive payments and no attrition.
The cost of the Police contract would be approximately $5.6 million for 2006-07 and beyond (three, 3.4 percent raise required under
the contract). The cumulative cost through 2009-10, the last year of the new four-year plan required by the BFSA in May 2006,
would be $22,464,380.
Fire cost for 2006-07 would be $2.7 million including Duty Disability payments. This cost would continue in each subsequent fiscal
year, through 2009-10, the last year of the new four-year plan. The cumulative cost through 2009-10 would be $10,819,258.
Step increases would add approximately $1.16 million to 2006-07 fiscal year costs and $1.26 million to 2007-08 and out year costs.
The cumulative cost through 2009-10 would be $4,946,289.
Longevity increases would add $1.16 million to 2006-07 costs and $1.38 million to 2007-08 and subsequent fiscal year costs. The
cumulative cost through 2009-10 would be $5,302,316.
The total cost of scenario two, through 2009-10 would be $43,532,243 with a first year cost of $10,640,157 in 2006-07.
Scenario 3. Lift the wage freeze on 7/1/06 with no retroactive payments and assuming Police and Fire attrition.
Assuming Police attrition of 23 FTEs in 2005-06, 2006-07, 2007-08, 2008-09 and 9 FTEs in 2009-10 (bringing total PBA personnel
to 675), the cost of the Police contract would be approximately $3.8 million for 2006-07, $2.0 million in 2007-08, $265,000 in 2008-
09 with savings of $1.5 million in 2009-10. The cumulative cost through 2009-10, the last year of the new four-year plan required by
the BFSA in May 2006, would be $4,625,883.
Assuming Fire attrition of 15 FTEs in 2005-06, 2006-07 and 2007-08 and 7 FTEs in 2008-09 (bringing total 282 personnel to 690)
the cost, including Duty Disability payments, would be $1.7 million in 2006-07 and $714,000 in 2007-08, with savings of $281,000 in
2008-09 and $746,000 in 2009-10. The cumulative cost through 2009-10 would be $1,396,365.
Step increases would add approximately $ I. 16 million to 2006-07 fiscal year costs and $1.26 million to 2007-08 and out year costs.
The cumulative cost through 2009-10 would be $4,946,289. This number may be reduced with attrition and replacement at lower
steps.
Longevity increases would add $1.16 million to 2006-07 costs and $1.38 million to 2007-08 and subsequent fiscal year costs. The
cumulative cost through 2009-10 would be $5,302,316. This number may be reduced with attrition and replacement with less senior
employees.
The total cost of scenario three, through 2009-10 would be $16,270,854 with a first year cost (2006-07) of $7,690,752.
It is important to note that these scenarios do no assume any additional raises beyond those contained herein for Police and Fire.
Any raises for other bargaining units or additional raises for Police and Fire will increase the cost estimates above. Further, the step
increases do not include Police and Fire raises. Including these will increase the step costs by approximately $100,000. Pension
expenses will increase for Police and Fire as well and these increased costs are not included in this analysis. Pension costs will
increase by approximately 20 percent of base salary. I trust this satisfies your inquiry. As always, I am available to meet with the
Common Council to discuss this item further if necessary.
REFERRED TO THE SPECIAL COMMITTEE ON BUDGET.
FROM THE BUFFALO URBAN RENEWAL AGENCY
NO. 37
AMENDED NEGATIVE DECLARATION-50 COURT STREET
Please file the attached AMENDED NEGATIVE DECLARATION that was presented by Richard Stanton, Legal Counsel, BURA on
the LDA 50 Court Street-1097 Group, LLC to the Committee on Community Development Wednesday, December 21, 2005.
Copy in Clerk’s Office
Mr. Coppola moved:
That the communication from the Department of Strategic Planning, dated December 21, 2005, be received and filed; and
That the Common Council does hereby adopt the Amended Negative Declaration for the Court Towers Development, 32-54 Court
Street in accordance with Article 8 of the Environmental Conservation Law (SEQRA) and 6 N.Y.C.R.R. Part 617.
PASSED.
AYES-9. NOES-0.
NO. 38
COURT TOWERS DEVELOPMENT
SEQR LEAD AGENCY DESIGNATION
Please be advised, prior to the implementation of the above-referenced project, the requirements of the New York State
Environmental Quality Review (SEQR) must be satisfied.
The project, as defined under SEQR, is a Type l action. As per Section 617.6 of the regulations, a Lead Agency responsible for
determining the effect of the action on the environment must be designated from among the involved agencies within 30 calendar
days of the date of this letter, The Buffalo Urban Renewal Agency (B.U.RA.) proposesto assume Lead Agency status for this project
and respectfully requests your consent to this designation. The project Environmental Assessment Form is enclosed for your review.
If your agency has no objections to the designation of B.U.R.A. as Lead Agency, please sign this letter and return it to the Office of
Strategic Planning, Room 901 City Hall, Buffalo, New York 14202.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
FROM THE CITY CLERK
NO. 39
LIQUOR LICENSE APPLICATIONS
Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage Control
Board.
Address Business Name Owner’s Name
199 Delaware No Name Given C. Wahl
3112-3114 Main St. Vado Pazzo S. & R. Ryan
28 Memorial Drive No Name Given S. Jacobs
435 Military Rd. No Name Given P. Kelleher
RECEIVED AND FILED.
NO. 40
LEAVES OF ABSENCE WITHOUT PAY
I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various
departments as listed:
Comptroller-N. Zingorenko
Police-R. Levesque-Pitts, V. Demps, R. Delaney, J.Tucker
Corporation Counsel-M. Vara
RECEIVED AND FILED.
NO. 41
REPORTS OF ATTENDANCE
I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities reporting the
membership attendance at their respective meetings:
x-Buffalo Sewer Authority-12/7/05
RECEIVED AND FILED.
NO. 42
NOTICES OF APPOINTMENTS-COUNCIL INTERNS
I transmit herewith appointments to the position of Council Intern.
Mr. Coppola moved the approval of the appointments to the position of Council Intern.
ADOPTED.
Appointment Effective December 5, 2005 in the Department of Common Council to the position of Intern I, Seasonal, Non-
Competitive, at the flat starting salary of $7.00/hr.
James Brem
921 Main St.
Buffalo, NY 14203
Appointment Effective November 28, 2005 in the Department of Common Council to the position of Intern IV, Seasonal, Non-
Competitive, at the flat starting salary of $6.00/hr.
Keith J. Scott Jr.
73 Courtland
Buffalo, NY 14215
NO. 43
NOTICES OF APPOINTMENTS-SEASONAL/FLAT
I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various departments.
RECEIVED AND FILED.
DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS
Appointment Effective December 21, 2005 in the Department of Public Works, Parks & Streets, Division of Streets, to the position of
Laborer II, Seasonal, Non-Competitive, at the starting salary of $8.15/hr.
Robert Trzecki
87 Sheffield Avenue
Buffalo, NY 14220
NO. 44
APPOINTMENTS-TEMPORARY, PROVISIONAL OR PERMANENT
I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per
contract requirements).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS
Appointments Effective 12/15/05 in the Department of Public Works, Parks & Streets, Division of Engineering, to the position of
Electrician, Permanent, at the minimum starting salary of $28,179.
Nicholas Pugliese
882 West Ave.
Buffalo, NY 14213
Wayne T. Sellers
35 Hillside Avenue
Buffalo, NY 14210
Appointment Effective 12/13/05 in the Department of Public Works, Parks & Streets, Division of Buildings, to the position of Senior
First Class Stationary Engineer, Temporary, at the minimum starting salary of $10.25/hr.
Mark Scanlon
17 Choate Avenue
Buffalo, NY 14220
Appointments Effective 12/12/05 in the Department of Public Works, Parks & Streets, Division of Streets, to the position of Street
Worker, Temporary, at the minimum starting salary of $26,779.
Alerric Gary
47 Norwood Avenue
Buffalo, NY 14222
Robert McDow
25 Suffolk St.
Buffalo, NY 14215
Appointment Effective December 12, 2005 in the Department of Public Works, Parks & Streets, Division of Water, to the position of
Water Service Worker, Provisional Appointment, at the minimum starting salary of $29,038.
James Wozniak
27 Lombard Street
Buffalo, NY 14206
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
NO. 45
PEACE BRIDGE EXPANSION PROJECT
I am requesting that this item on the Peace Bridge Expansion Project be filed at the next meeting of the Common Council on
Tuesday, December 27, 2005.
If you have any questions please do not hesitate to contact my office. Thank you.
ADOPTED.
NO. 46
APPT. J. TAURIELLO-ASSESSMENT BOARD-TEMPORARY POSITION
I am requesting that this item be accepted as a late file for the meeting of the Common Council on Tuesday December 27, 2005.
I am recommending that Joseph A. Tauriello be considered for the temporary position on the City of Buffalo's Assessment Board of
Appeals. Thank you.
REFERRED TO THE COMMITTEE ON LEGISLATION AND DIVISION OF COLLECTIONS.
NO. 47
PROGRAM PACKAGING AND DEVELOPMENT SERVICES (PPDS) PROVIDER DECEMBER 13, 2005
BOARD PACKET DOCUMENTS-12/12/05
Attached are the following documents from the Joint Schools Construction Board Meeting on December 12, 2005:
1. Draft Agenda
2. Meeting Minutes from JSCB Meeting dated November 7, 2005
3. Phase I Final Application and Certificate for Payment No. 39 - November 2005
4. Fully Executed Phase II Application and Certificate for Payment No. 13 – October 2005
5. Phase II Application and Certificate for Payment No. 14 - November 2005
6. Phase II Procurement Schedule dated November 16, 2005
7. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum Phase II
Project - October 2005
RECEIVED AND FILED.
NO. 48
SUPPORT A. WESLEY BROWN’S PURCHASE OF CITY OWNED LOT-ALLEND & WADSWORTH STS.
The purpose of this letter is to express our continued support of A. Wesley Brown's purchase of the city owned parking lot at Allen
and Wadsworth Streets.
Currently, the maintenance of the lot is very poor and we observe no oversight of the lot. Basically, the lot is public nuisance. It has
become a hang-out for public drinking and urination, a site for illegal dumping, major car repairs as well as drug dealing. On clean
up days our Block Club has removed: excessive trash, tires, car batteries, mufflers, TVs, major paper trash, bottles, etc.
All of those things reflect poorly on our neighborhood as well as our quality of life.
Wesley Brown purchased the Days Park Commons, 68-74 Days Park, in 1999 and since that time has refurbished the buildings, into
a well managed complex with responsible tenants. As a group we have faith that the lot will now be secure and become an asset to
the neighborhood instead of a detriment.
A. Wesley Brown was the 2005 Winner - Buffalo Business First's Brick-by-Brick Award - Best Restoration of Apartment, Townhouse
or Condo.
The Days Park Block Club has a long successful history of making our neighborhood a better place to live. We believe the purchase
of this lot by Wes Brown will add to our continuing efforts. As a group, we completely support his purchase of the lot. Our
neighborhood will benefit from his ownership, maintenance and oversight.
Feel free to call me with any questions or concerns you may have.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, DIRECTOR OF STRATEGIC PLANNING AND
CORPORATION COUNSEL.
NO. 49
ELLICOTT DEVELOPMENT COMPANY PROPOSED PARKING LOT AT MICHIGAN AVENUE AND SOUTH DIVISION
I recently received a copy of a letter from the Ellicott Development Company requesting that the City of Buffalo approve the
placement of a commercial parking lot on the vacant property at the Southeast comer of Michigan and South Division Street.
This lot has been vacant for many years and is currently zoned residential.
In the Urban Renewal plan for the area, this property has been specifically designated for new housing which would complement the
city's ongoing efforts to build and maintain the new residential character that is emerging in the surrounding community.
Successful projects such as the Ellicott Town Center, Ellicott Homes West and the new owner occupied homes along Swan Street
have represented the type of public/private investment that has contributed to the unprecedented growth in this once neglected
community.
It is Norstar's view that changing the designated residential use of the property, especially to allow a commercial parking lot, would
only act to defeat the success of the existing development in the area. The new homeowners and other property owners in the area
have unanimously opposed past attempts to amend the Urban Renewal Plan.
Additionally, this proposed change represents an attempt at spot zoning, which has always proven to be detrimental to maintaining
the highest and best use of property, especially in inner city communities.
Finally, Norstar strongly opposes the designation of more commercial space in the Michigan Street corridor. The existing
commercial properties are underutilized, and in 2004 Norstar proposed a parking lot for the vacant parcel of land which we own next
to our office building on Michigan Ave. This property is currently zoned commercial, and would have accommodated the students at
Erie Community College. The City of Buffalo's Planning Board and the Office of Strategic Planning strenuously opposed the plan
indicating that a parking lot was not the highest and best use for the property and community. While we continue to seek the suitable
commercial redevelopment of the site our current efforts have not proven successful.
As an adjacent residential property owner, Norstar views the proposed Urban Renewal Plan amendment as inappropriate and
requests that the Common Council deny the commercial rezoning of 164-192 Swan Street and 175-189 South Division Street.
th
We will register our objection to this matter at the Planning Board Meeting on December 20and at the City Council Meeting if the
matter goes to the Council.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT, DIRECTOR OF STRATEGIC PLANNING AND
CORPORATION COUNSEL.
NO. 50
REGULATIONS OF TATTOO ARTISTS/ESTABLISHMENTS
Attached hereto please find copies of proposed revisions to the Erie County • Sanitary Code, Article XXII - Regulations of
Tattoo Artists and Establishments. These proposed revisions are hereby being filed pursuant to the Erie County Administrative
Code, Section 5.05(b).
A Public Hearing (Notice of enclosed) relative to the proposed revisions will be held on Thursday, January 26, 2006 at
3:00 P.M. in Room 904 of the Rath County Office Building, 95 Franklin Street, Buffalo, New York.
RECEIVED AND FILED.
NO. 51
PROPOSED ESTABLISHMENT LIBRARY BOARD OF TRUSTEES
In recent years, some have proposed the establishment of a Library Board of Trustees specifically for the City of Buffalo.
Proponents have suggested that a separate library board, similar to those that exist in communities outside the City, might convey
some benefit that Buffalo residents do not already enjoy.
In 2004, I addressed this issue before the Common Council. This letter summarizes some of those observations and cautions.
The Buffalo and Erie County Public Library (B&ECPL) did not begin strictly as a Buffalo Library System, but was, in fact, a merger of
three libraries: The Buffalo Public Library, the Grosvenor Library and the Erie County Public Library. This was accomplished by
enactment of Chapter 768 of the Laws of the State of New York (1953), which created: "...a single free library to be known as a city
and county public library..."
By Law, the Board of Trustees of this city and county library consists of 15 members, at least 8 of whom must be electors of the City
of Buffalo. That same law requires that only 5 members of the Board must be electors from outside the City. The population of
Buffalo accounts for approximately 31% of the total population of Erie County, but Buffalo electors account for a controlling majority
(at least 53% -- but, theoretically, as much as 67%) of the B&ECPL Board of Trustees.
In short, residents of Buffalo wield decisive authority in all decisions that affect library service and funding in Buffalo and in the
surrounding municipalities of Erie County. No single free association or public library board of trustees in a suburban town or village
exerts such authority or influence.
The B&ECPL Board of Trustees adopts the annual Library operating budget and determines how much revenue each local library
will receive. Contracting library boards request an annual appropriation, but it is the B&ECPL Board --whose majority consists of
Buffalo residents - that decides how much financial support will be provided for every library, whether urban, suburban or rural.
Some have suggested that the City of Buffalo branch libraries suffered deeper cuts than contracting libraries in recent decisions to
downsize the Library System in light of reduced financial support from Erie County. Some contracting library boards would disagree
emphatically. Yes, it is true that Buffalo lost 7 of its 15 branches (47%) in this process, but Cheektowaga lost 2 of its 4 libraries
(50%); both Lancaster and Aurora lost I of 2 branches (50%), and Tonawanda lost 3 of its 5 branches (60%). Arguably, with a total
of 8 branches and the 400,000 square-foot Central Library in downtown Buffalo, the City is better served than any other community
in Erie County in 2006.
To change B&ECPL governance and create a separate Buffalo library board would require new legislation or an amendment to
Chapter 768 of the Laws of the State of New York (1953). Most likely, reopening or replacing prevailing legislation would result in a
new formula of trustee membership that would reflect a half-century of population shifts within Erie County. I speculate that the
current model would be reversed, leaving Buffalo with far fewer voting members on the System Board.
For more than 50 years, the Buffalo and Erie County Public Library has faithfully and fairly served al! residents of both city and
county. Buffalo's library interests are well represented by the controlling majority of the B&ECPL Board of Trustees. Establishing a
Buffalo board would create a redundant level of bureaucracy at a time when many believe it is necessary to reduce the layers of
government.
Do not hesitate to contact me again should you have any further questions or require clarification of any of the above.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 52
INFO.-LEASE-MUSEUM OF SCIENCE
Per Ms. Milly Castro's letter of December 8, 2006 (copy attached), and in reference to Masten District Council Member Mr. Antoine
Thompson's letter (copy attached), I respectfully submit to your office the following requested information:
• A list of all utilities included in this request;
1. Electric: (National Grid, formally Niagara Mohawk)
2. Natural Gas: National Fuel Gas
A list of all associated properties" included in this request;
1. 1020 Humboldt Parkway, Buffalo, NY 14211-1293 (Buffalo Museum of Science)
2. 1200 Fuhrman Boulevard, Buffalo, NY, 14203 (Tifft Nature Preserve)
A detailed account of the dollar amount currently encumbered annually for the requests in question.
Electric: 1020 Humboldt Parkway: $240,000 (Net) *1
1200 Fuhrman Blvd. (Tifft) 10,000
1020 Humboldt Parkway $ 50,000 (Net) * 1
1200 Fuhrman Blvd. (Tifft) 10 000
Total Gas and Electric Budgeted for Fiscal 2006 (12 months) $310,000
Footnotes:
*1 Electric and Gas expenses for 1020 Humboldt only are shared by the Museum and the Buffalo Board of Education on a 60%
(Board) and 40% (Museum) basis. Figures reflected above for Electric and Gas represent net cost to Museum.
Note:Copies of utility bills for verification were recently submitted to Mr. Tom Tarapacki (sic) at the City Office of Telecom, Utilities
and Media
If you require any further information, please contact me at (716) 896-5200 Ext. 305 or by email at aparker@sciencebuff.org.
REFERRED TO THE SPECIAL COMMITTEE ON BUDGET, COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS, AND
COMMISSIONER OF ADMINISTRATION AND FINANCE.
NO. 53
T&A-ACCOUNT – GRAFFITI CRIMES
I am requesting that the Common Council authorize the accounting Department of the City of Buffalo, to create a Trust and Agency
account for the purpose of receiving fines that have been ordered by the City of Buffalo's Court system, on persons whom have
been convicted of crimes related to them being involved in an act of graffiti execution.
This account will be assign to the Department of Public Works to manage, with the intent that monies collected would be reinvested
in strategies to educate the public on the many negative effects that this act has become a catalysis for. In addition it would allow
the Department to purchase supplies and equipment so that communities can become part of the abatement solution, to rid
communities of it, and so that persons who are ordered by the Court system to perform Community Service as part of their
sentencing requirement conditions can also be part of the solution of restoring the natural order of our community.
Buffalo is experiencing an increase in instances of Graffiti! These acts are defacing both private and public spaces. A task force of
local governments, law enforcement agencies and community leaders has been set up to deal with the problem, and has been
working with the District Attorney's office to ask the Court that fines are imposed as part of the sentencing process.
Graffiti is costing this Country over eight Billion dollars a year, It is the responsibility of the City of Buffalo to act as a leader in the
fight to reduce or eliminate GRAFFITI
RECEIVED AND FILED.
NO. 54
BUFFALO NEWS ARTICLE. JSCB
SURPASSING GOALS
Please file the attached documents for the next Common Council Meeting for December 27, 2005.
Copy in Clerk’s Office.
RECEIVED AND FILED.
NO. 55
BLACK CHAMBER OF COMMERCE & JSCB
Please file the attached documents for the next Common Council Meeting for December 27, 2005.
• The October 31, 2005 Inclusion Committee meeting left me with an alarming level of "discomfort." Bevlar and Associates, Inc. has
been given a mandate by the Joint Schools Construction Board to recommend changes to the Development And Diversification Plan
For Workforce And Businesses that will facilitate the firm's ability to audit contractors and deliver to the JSCB accurate figures on
M/WBE participation. Bevlar complied with the mandate, submitted the recommendations and sought the approval of the Inclusion
Committee. What has since transpired has been an exercise in futility. Diversionary tactics and suggestions of legal ramifications
without any substantiation have distracted us. Moreover, the document submitted by the PPDS Provider as well as the one
submitted by your legal counsel only serve to obfuscate the purpose and the intent of the diversity document. The discussions have
now started to border on the absurd.
I made my report on the Inclusion Committee meeting to the Black Chamber of Commerce at our meeting on Tuesday and I have to
tell you that our members are outraged. Why the outrage? Three years ago, the Chamber contributed to the development and
composition of the Inclusion document and here we are today confronted by attempts of some to dilute that document when the
original has never been fully implemented. It is quite possible, if things continue the way they are going, the so-called Inclusion Plan
could manifest itself truly as an exclusion plan. That is totally unacceptable to us and to the African American business community.
In order for the Black Chamber of Commerce to participate in a positive manner, it is imperative that you adhere to the original
mandate given Bevlar by the Joint Schools Construction Board.
Therefore we believe that:
1. The JSCB's directive to Bevlar to develop a plan that will verify the accuracy of the figures provide by the PPDS Provider and first
tier subcontractors can only be substantiated by the canceled checks reflecting those monies. The language submitted by Bevlar
should be adopted without change.
2. The efforts to include language in the Inclusion Plan that supports the use of lien waivers as verification of monies paid to the
M/WBE subcontractors be excluded in its entirety due to the fact that lien waivers are used to protect against liability and are not a
valid auditing tool.
We urge you to stay with the original mandate, to stay focused on the task of ensuring proper and accurate auditing and to fully
implement the original And Diversification Plan For Workforce And Businesses with the changes recommended by
Development
Bevlar.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION, BOARD OF EDUCATION AND JOINT SCHOOLS
CONSTRUCTION BOARD.
NO. 56
SALT ABATEMENT
Please file the attached documents for the next Common Council Meeting for December 27, 2005.
Copy on file in Clerk’s Office.
REFERRED TO THE COMMITTEE ON FINANCE, COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS.
NO. 57
STOP SIGN INSTALLATION AT LITCHFIELD & WYOMING
Dear Commissioner Giambra:
I am writing to request a stop sign at the intersection of Wyoming and Litchfield Avenues. As a resident of Wyoming Street I can
personally attest to the need of a stop sign at this intersection. I reside 4 houses from the comer and have seen numerous accidents
and near accidents that could have been prevented by a stop sign at this intersection.
Councilmember Thompson has previously submitted correspondence and a petition of my neighbors whom are in favor of installing
a stop sign at this intersection.
Thank you for your attention to this matter. If you have any questions, comments or concerns please do not hesitate to contact me
directly at 894-0914.
REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS.
PETITIONS
NO. 58
E. ADAMS, AGENT, USE 105 VERPLANCK-LLLUM. GROUND SIGN W/READER BOARD (MASTEN)
(NAME OF AGENT, OWNER) (ADDRESS) - (PROJECT)
(PHONE #)(716) 695-2416
The attached is for Common Council Approval; but per Permits, no public hearing is required.
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL.
REGULAR COMMITTEES
CIVIL SERVICE
(BONNIE E. RUSSELL, CHAIRPERSON)
NO. 59
APPOINTMENT
METER READER (MAX) (PW) (ITEM NO. 30-DEC. 13, 2005)
That Communication 30, December 13, 2005 be received and filed and the provisional appointment of Robert Con iglio stated above
at the maximum starting salary of $30,010 effective on November 28, 2005 is hereby approved.
PASSED
AYES - 9 NOES - 0
NO. 60
NOTICES OFAPPT.-TEMP./PROV./PERM. (C. CLK.)
(#59,12/13)
That the above item be and the same hereby is received and filed.
ADOPTED
FINANCE
(BRIAN C. DAVIS, CHAIRMAN)
NO. 61
B. DAVIS-THE CARGILL HARBOR CENTER (#58,11/29)
(#116,12/13
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 62
VOL. LINE SAVER PROGRAM FOR COB WATER CUSTOMERS (#89,4/5)
(# 111, 6/28)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 63
M. COPPOLA-WATER BD. CONSIDERATION OF LINESAVER PROGRAM
(#56, 4/19
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 64
BUFFALO WATER BD.-LINE SAVER PROGRAM (PW)
(#17, 12/13)
hat the above item be and the same hereby is received and filed.
ADOPTED.
NO. 65
VARIOUS WATER STUDIES (PW)
(#30, 3/22)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 66
MR. SYED & O-PETITION-REINSTALL FORMER TRAFFIC LIGHT-SYCAMORE & SOBIESKI ST.
(#67, 11/01)
That the above item be and the same hereby is referred to the Committee on Legislation.
ADOPTED
NO. 67
RESULTS OF NEGOTIATIONS - 299 SYCAMORE STREET
(ITEM NO. 19, C.C.P., SEPT. 6, 2005) (ITEM NO. 88, C.C.P., OCT. 18, 2005)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Davis moved:
That the offer from Mr. Robert Boyd and Mrs. Vance Boyd, residing at 121 Morningside Drive, Grand Island, in the sum of one
thousand and four hundred dollars ($1,400.00) for the purchase of 299 Sycamore Street, be and is hereby accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the Mayor be
authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES - 9 NOES - 0
NO. 68
A. THOMPSON-REQ.-AMEND LEASE FOR BFLO. MUSEUM OF SCIENCE
(#63, 11/29)
That the above item be and the same hereby is referred to the Special Committee on Budget.
ADOPTED
NO. 69
LEASE - PUBLIC SAFETY CAMPUS BUILDING (ITEM NO. 34, C.C.P., DEC. 13, 2005)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Davis moved:
That the Mayor, Commissioners of Police and Fire be, and they hereby are authorized to enter into a lease between the City of
Buffalo and County of Erie, for use of space at the newly built Public Safety Campus building, for a twenty (20) year occupancy right
at the Public Safety Campus building under the same terms and condition as listed in the lease attached to the above
communication. Also, with the condition that all reasonable utility service and maintenance will be provided, free of charge, by the
party possessing title ownership of the respective facility (Erie County to provide for the Public Safety Campus and the City to
provide for the Delaware Park Radio Station). That the Corporation Counsel be, and he hereby is authorized to prepare the
necessary documents to enter into said lease and that the Mayor be authorized to execute the same.
PASSED
AYES - 9 NOES - 0
NO. 70
A. THOMPSON-DE-ICER/MELTING AGENT INFO.
(#69, 12/13)
That the above item be and the same hereby is referred to the Special Committee on Budget.
ADOPTED
NO. 71
RD
REQ. TO USE A MORE ENF. FRIENDLY SALT/SAND DE-ICER MIXTURE (3RES. ONLY)
(#143, 12/13)
That the above item be and the same hereby is referred to the Special Committee on Budget.
ADOPTED
NO. 72
CREATION OF A COB LIBRARY BOARD
(#190,9/20)
(#100,10/04)
That the above item be and the same hereby is referred to the Committee on Budget
ADOPTED
LEGISLATION
RICHARD A FONTANA CHAIRMAN
NO. 73
LOCAL LAW NO 10 2005
BICYCLE/PEDESTRIAN ADVISORY BOARD (
ITEM NO 95, CCP NOV 2, 2005
That after the public hearing befor the Committee on Legislation on December 20, 2005, the Local Law as contained in Item No 95,
CCP, November 29, 2005 be the same and is hereby Approved
PASSED
AYES - 9 NOES – 0
NO. 74
LOCAL LAW INTRO.#11 (2005)-DEPT. OF FIRE
(#133, 12/13)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 75
BICYCLE/PEDESTRIAN ADVISORY BOARD (STRAT PLAN)
(#3, 12/13)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 76
BICYCLE/PEDESTRIAN ADVISORY BOARD (PW)
(#13, 12/13)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 77
BLOCK BATTAGLIA GARBAGE SCHEME (PW)
(#15, 12/13)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 78
TRAFFIC SIGNAL-SYCAMORE & SOBIESKI (PW)
(#28, 12/13)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 79
537 E. DELAVAN AVENUE - CITY COURT REQUEST ASSISTANCE FROM EPA IN THE DEMOLITION OF
(ITEM NO. 66, C.C.P., DEC. 13, 2005)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Fontana moved:
That the above item be and the same is received and filed
ADOPTED
NO. 80
A. TAYLOR-NYSDOT-DESIGN. OF REST. HIGHWAY-NY RT#198 FROM 1-190 TO GRANT ST.
(#67, 12/13)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 81
A. THOMPSON-L. WILLIAMS & O-REQ. STOP SIGN AT WYOMING & LITCHFIELD AVES.
(#71, 12/13)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 82
BICYCLE/PEDESTRIAN ADVISORY BOARD
(ITEM NO. 102, C.C.P., NOV. 15, 2005)
That the Common Council, with the approval of the Mayor, shall appoint a Bicycle/Pedestrian Advisory Council to be
composed of 11 voting members who are interested in finding cooperative solutions for the problems facing cyclists, pedestrians
and people with disabilities. At least five (5) members shall be active bicyclists, and at least four (4) members shall be active
pedestrians. One member shall be a member of the Disability Advisory Council. The eleventh member shall be a member of the
Department of Public Works. There shall be four (4) nonvoting members, consisted of the Traffic Engineer and one representative of
each of the following: Common Council, Buffalo Police Department and the Office of Strategic Planning.
ADOPTED.
NO. 83
FOOD STORE LICENSE - 3154 BAILEY AVENUE
(ITEM NO. 54, C.C.P., JULY 26, 2005)
That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby
is authorized to grant a Food Store License to Mohamed Moosa, located at 3154 Bailey Avenue.
PASSED.
AYES-9. NOES-0.
NO. 84
FOOD STORE LICENSE - 322 NORTHLAND
(ITEM NO. 41, C.C.P., NOV. 29, 2005)
That pursuant to Chapter 194 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby
is authorized to grant a Food Store License to Nasser Ahmed, located at 322 Northland.
PASSED.
AYES-9. NOES-0.
NO. 85
R. ERNST-REQ. ALTERATION OF SIGNAL-PINE STREET
(#76, 7/26
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 86
B. DAVIS-S. SCHROECK-PKG. REG. ON LOWER MARINER ST.
(# 137, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 87
RESCINDING VEHICULAR PKG. STOPS ON E. DELAVAN AVENUE
(#117, 11/29)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 88
K. COZZARELLI & OTHERS-REQ. ALT. PKG. ON STARIN AVE. TO CALM TRAFFIC
(#64, 11/22)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 89
C. HOEPFINGER, BFLO. FIRE HIST. SOC.-REQ. CHANGE OF"NO PKG. ANY TIME" SIGNS N. OGDEN ST.
(#58, 6/14
That the above item be and the same hereby is received and filed.
ADOPTED.
COMMUNITY DEVELOPMENT
(JOSEPH GOLOMBEK JR., CHAIRMAN)
NO. 90
SENECA BABCOCK REDEV. PROJECT-URB. RENEWAL PLAN
(CCP# 140-12/13/05) (HRG. 12/27)
That the above item has been sent to the Common Council without recommendation.
A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item a Notice of same
has been published in the Buffalo News, a copy of which is attached hereto.
On motion by Mr. Coppola, seconded by Mr. Fontana, the item is properly before the Common Council, and the hearing is opened.
CARRIED.
Appearances-
Opposition: A. Walters, Attny, Philips Lytle
Peter Battaglia, Battaglia Trucking/Demolition
For: Richard Stanton, BURA Counsel
Art Robinson, President, Seneca Babcock Block Club
Dr. Joseph Gardella
Shirley Parker, 133 Peabody
Councilmember Richard Fontana.
Mr. Coppola moved that the hearing be closed. Seconded by Mr. Fontana.
CARRIED.
Mr. Coppola moved:
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 91
SENECA BABCOCK REDEVELOPMENT PROJECT URBAN RENEWAL PLAN - PLANNING BOARD REPORT AND
RECOMMENDATION
ITEM NO. 2, C.C.P., DEC. 13, 2005)
That the duly appointed members of the City Planning Board of and for the City of Buffalo, do hereby report to the
Common Council and certify their unqualified approval of the Seneca Babcock Redevelopment Project Urban Renewal Plan, and
that we hereby recommend that the plan be approved and adopted, after a public hearing is conducted not less than four (4) weeks
after the City Planning Board's public hearing, by your Honorable Body;
That the Common Council be informed that pursuant to Subdivisions 2 and 3 of Section 15, Article 15 of the General
Municipal Law, that the office preparing an Urban Renewal Plan must submit the proposed plan to the City Planning Board for a
recommendation to be submitted to the Common Council.
PASSED.
AYES-9. NOES-0.
NO. 92
LDA-50 COURT ST.-1097 GROUP, LLC
(CCP# 134-12/13/05)
(HRG. 12/27)
That the above item has been sent to the Common Council without recommendation.
A public hearing has before the Common Council, at this regularly scheduled meeting, on above item, and a Notice of same has
been published in the Buffalo News, a copy of which is attached hereto.
On motion by Mr. Coppola, seconded by Mr. Davis, the item is properly before the Common Council, and the hearing is opened.
CARRIED.
Appearances-For: Richard Stanton, BURA Counsel
Carl Paladino, Developer
Brian Davis
Opposition: Robert Knoer, Attny.
Patrick Hotung, Developer
Mr. Coppola now moved that the hearing be closed. Seconded by Mr. Davis
CARRIED.
Mr. Coppola moved:
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 93
DOWNTOWN RENEWAL PHASE II URBAN RENEWAL AREA - SALE OF LAND - 50 COURT STREET
(ITEM NO. 4, C.C.P., DEC. 13, 2005)
Mr. Coppola moved:
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 94
EST. A LAND TRUST FUND COMM. (STRAT. PLAN.)
(#5, 12/13)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 95
ND
B. DAVIS-2REQ. FOR DEMO.-109 GENESEE ST.
(#64, 12/13)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 96
LAND DISPOSITION AGREEMENT - 50 COURT STREET TO 1097 GROUP, LLC
(ITEM NO. 103, C.C.P., NOV. 29, 2005)
Mr. Coppola moved:
That the above item be and the same hereby is approved.
LOST
AYES-BONIFACIO, COPPOLA, FONTANA, FRANCZYK, GOLOMBEK-5.
NOES-CONRAD, DAVIS, RUSSELL, THOMPSON-4.
Mr. Golombek moved that the above item be recommitted to the Committee on Community Development. Seconded by Mr. Davis.
ADOPTED.
NO. 97
DOWNTOWN RENEWAL PHASE II URBAN RENEWAL AREA - SALE OF LAND - 50 COURT STREET
(ITEM NO. 5, C.C.P., NOV. 29, 2005)
Mr. Golombek moved that the above item be recommitted to the Committee on Community Development.
ADOPTED.
NO. 98
B. DAVIS-P. HOTUNG-PURCHASE OF 50 COURT ST.
(#59, 11/29)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 99
YEAR 31 COMM. DEV. QUARTERLY RPTS. (AUG.-OCT. 2005)
(#47, 11/29)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 100
SAVE MARINE DRIVE APARTMENTS
(#128, 4/19)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 101
SUPPORT MARINE DRIVE RESIDENTS (EXC. 1,2,3. RES.) (#110,2/4)
(#95, 5/3)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 102
WATERFRONT VILLAGE ADVISORY COUNCIL
(#60, 11/29)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 103
BURA HOMEOWNER REHABILITATION PROGRAM (STRAT. PLAN.)
(#2, 10/4)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 104
TRANSFER OF TITLE, URBAN HOMESTEAD - 84 HUMASON AVENUE
(ITEM NO. 53, C.C.P., MAR. 22, 2005)
(ITEM NO. 102, C.C.P., MAY 3, 2005)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 105
SCHOOLS TRANSFERRED TO STRATEGIC PLANNING - 769 BEST - SCHOOL NO. 59,
238 ONTARIO - SCHOOL NO. 60
(ITEM NO. 10, C.C.P., NOV. 29, 2005)
That the City of Buffalo does hereby abandon 769 Best - School No. 59 and 238 Ontario Street - School No. 60 in
accordance with Article 27, of the Charter of the City of Buffalo, and
That the Office of Strategic Planning, Division of Real Estate be, and they hereby are authorized to accept the transfer of
the above properties and to dispose of the properties in accordance with applicable sections of Article 27 of the Charter.
PASSED.
AYES-9. NOES-0.
NO. 106
B. DAVIS-M. CHAPMAN & O-SUPP. BLK. GRANT FUNDING-WILLIAM/EMSLIE YMCA PROGRAM CTR.
(#70, 11/29)
That the above item be and the same hereby is received and filed.
ADOPTED.
RESOLUTIONS
NO. 107
BY: MR. COPPOLA
CITY OF BUFFALO
LOCAL LAW NO. -- (2005) INTRODUCTORYNO. 12 (2005)
A LOCAL LAW amending the Charter of the City of Buffalo in relation to the Department
of Fire
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That Article XIV of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows:
Article XIV, Department of Fire
§ 14-10 Destroying Buildings
The commissioner, any deputy commissioner or any battalion chief on duty [at a conflagration] during or after a fire emergency or
fire related emergency may direct and cause to be tom down, blown up or otherwise destroyed any burning building or any other
buildings which he or she deems hazardous to the public and likely to take fire or to convey the fire to other buildings.
Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions
of this local law shall be controlling.
Section 3. This local law shall take effect immediately.
APPROVED AS TO FORM
Corporation Counsel
NOTE: Matter under lined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 108
BY: MR. DAVIS
INCREASED APPROPRIATION
FUND BALANCE DESIGNATED FOR CAPITAL OUTLAY CAPITAL OUTLAY- LAND IMPROVEMENTS
That, Pursuant to §20-11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the
appropriation in Inspections -Capital Outlay for the current fiscal year, be and the same hereby is increased in the sum of
$1,000,000.
The increased appropriation will be met from the Reserved Fund Balance for Capital Outlay.
That, the comptroller be and hereby is authorized and directed to increase the appropriation estimate of account:
FROM
10000000 - 241100 Unreserved/Designated Balance for Capital Outlay $1,000,000
TO
16550007 - 471010 Inspections Capital Outlay Land Improvements $1,000,000
PASSED
AYES - 9 NOES - 0
NO. 109
BY: BRIAN C. DAVIS
PERMISSION TO HANG BANNERS ON NIAGARA SQUARE, DELAWARE, FRANKLIN,
AND PEARL STREETS.
Whereas: The Niagara Frontier Automobile Dealers Association would like to advertise their Auto Fest on Niagara Square,
Delaware Avenue, Franklin Street, Pearl Street and West Genesee Street; and
Whereas: In order to promote the event, the Niagara Frontier Automobile Dealers Association is requesting permission to hang
approximately sixty (60) banners on Niagara Square, Delaware Avenue from Niagara Square to West Tupper, Franklin Street
between Court Street to West Chippewa Street, Pearl Street between Court Street and West Genesee Street from Niagara Square
to Franklin Street; and
Now Therefore Be it Resolved That:
Common Council of the City of Buffalo grants permission to the Niagara Frontier Automobile Dealers Association to hang banners to
advertise their event; and
Be It Further Resolved That:
Said banners will hang on Niagara Square, Delaware Avenue from Niagara Square to West Tupper Street, Franklin Street between
Court Street and West Chippewa Street and West Genesee Street from Niagara Square to Franklin Street from January 14, 2006
through February 14, 2006; and
Be it Finally Resoled:
That said banners meet all requirements of pertinent City Departments and that no existing laws are violated.
PASSED
AYES - 9 NOES - 0
NO. 110
SPONSORS: , MR. DAVIS
RE-CONSIDERATION OF SIGNIFICANT INCREASES IN ASSESSMENTS TO OPEN LOTS
Whereas: Each year the City of Buffalo evaluates assessments to properties within the City of Buffalo limits; and
Whereas: Assessors hired by the City of Buffalo has evaluated several open lots (including parking facilities) in and around the
Downtown core; and
Whereas: Commercial lots in the City of Buffalo assessments has increased by upwards 2,900% which is forcing small businesses
to reconsider staying in Buffalo; and
Whereas: Adequate and appropriate parking is an intricate building block for
Buffalo as this is needed to attract potential new tenants to the City of Buffalo; and
Whereas: ; The City of Buffalo need a comprehensive approach to dealing with municipal and public/private partnerships.
Now Therefore Be It Resolved:
That the Buffalo Common Council hereby requests the Commissioner of Assessment and Taxation outline to this body the steps
taken to reevaluate parcels in the City of Buffalo and more specific parking facilities (lots and ramps); and
Be It Further Resolved:
This Honorable Body does hereby go on record opposing such significant increases without having a plan to deal with the negative
l~
impact of possible abandonment of property in Buffalo because taxes may increase anywhere from $40,000 to $171,000.
Be It Finally Resolved:
That this resolution remain in its appropriate committee until otherwise further disposed of.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 111
BY: MR. FONTANA
RE: DISCHARGE LEGISLATION COMMITTEE
ITEM #93 C.C.P. NOVEMBER 29, 2005
"USED CAR DEALER-50 SYCAMORE(#79, 11/15)(#86, 11/1)
(#44, 10/18)(ELI)"
Whereas The above item is currently in the Legislation Committee; and
Whereas It is no longer necessary for this item to be considered by that committee;
Now, Therefore Be it Resolved:
That this Common Council does hereby discharge the Legislation Committee from further consideration of Item 93, C.C.P.
November 29, 2005, "Used Car Dealer-50 Sycamore(#79, 11/15)(#86, 11/1)
(#44, 10/18)(Ell)" and said item is now before the Common Council for its consideration.
ADOPT DISCHARGE
PASSED
AYES - 9 NOES - 0
NO. 112
BY: MR. FONTANA
RE: SENIOR LEGISLATIVE ASSISTANT APPOINTMENT
WHEREAS: Effective January 1, 2006 I am appointing Rosetta Walden-
Kennedy, who resides at 202 Roslyn Street, Buffalo, New York
as a Senior Legislative Assistant in my office; and
WHEREAS: Ms. Kennedy has worked in city government for many years
and has a vast amount of government experience; and
WHEREAS: Ms. Kennedy is an asset to my office and is quite capable of
filling the position.
NOW THEREFORE BE IT RESOLVED THAT:
Rosetta Walden-Kennedy is appointed as a Senior Legislative
Assistant for the Lovejoy District.
ADOPTED
NO. 113
BY: MR. FONTANA
RE: LEGISLATIVE AIDE APPOINTMENT
WHEREAS: Effective January 1, 2006 I am appointing Leon Hicks, who
resides at 15 Bennett Village Terrace, Buffalo, New York as a
Legislative Aide in my office; and
WHEREAS: Mr. Hicks has previously worked in my office as an Intern for
the past 4 years, and is quite capable of filling this position; and
WHEREAS: Mr. Hicks is presently a student at the University of Buffalo
majoring in Political Science.
NOW THEREFORE BE IT RESOLVED THAT:
Mr. Leon Hicks is appointed as a Legislative Aide for the
Lovejoy District.
ADOPTED
NO. 114
BY MR. FRANCZYK
APPOINTMENT SENIOR LEGISLATIVE ASSISTANT TO COUNCILMEMBER KEARNS
The Common Council hereby moves approval of the appointment of Joy Penders 59 Ramona, Buffalo, New York 14220 to the
position of Senior Legislative Assistant to Councilmember Kearns pursuant to Section 27 of the Charter of the City of Buffalo to be
effective January 1, 2006.
Appointment Assistant Legislative Aide to Councilmember Kearns PURSUANT TO Section 27 of the Charter of the City of Buffalo to
be effective January 1m 2006
ADOPTED
NO. 115
BY MR. FRANCZYK
APPOINT ASSISTANT LEGISLATIVE AIDE TO COUNCILMEMBER KEARNS
The Common Council hereby moves approval of the appointment of John A. Murphy 5 Eden Street, Buffalo, New York
14220 to the position of Assistant Legislative Aide to Councilmember Kearns pursuant to Section 27 of the Charter of the City of
Buffalo to be effective January 1, 2006.
ADOPTED
NO. 116
BY MR. FRANCZYK
RE: BOARD OF ASSESSMENT REVIEW
That this Common Council does hereby appoint Ms. Joyce Manch, 319 Lincoln Parkway, Buffalo, New York 14216, to the Board of
Assessment Review for the term ending September 30, 2006.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIVISION OF COLLECTIONS
NO. 117
BY MR. GOLOMBEK:
MR. COPPOLA, MR. BONIFACIO, DAVIS AND MR. THOMPSON
CREATE TRUST AND AGENCY ACCOUNT
Mr. James Pavel, the Director of Support Services for the City of Buffalo has requested the establishment of a Trust and Agency
account to receive fines from persons convicted of graffiti related crimes in the City of Buffalo, and
The funds will be managed by the Department of Public Works, who will designate a person from that department to work with
community volunteers to provide them with educational materials or supplies to help them better understand the negative effect that
graffiti has on our City. The funds will further be utilized to help them become evolved in the abatement of graffiti in their
communities.
Now, Therefore, Be It Resolved:
That the Common Council hereby approves the Comptroller to set up a Trust and Agency account as described in this resolution
ADOPTED
NO. 118
BY MR. GOLOMBEK:
MR. FONTANA AND MR. DAVIS
PROVIDE PROPERTY TAX RELIEF FOR OWNER OCCUPIED NON-HOMESTEAD PROPERTIES
Whereas Non-Homestead tax ratepayers pay a significantly higher property tax rate than Homestead ratepayers, and
Owner occupants of Non-Homestead properties are generally more involved in their surrounding community. Such properties are
maintained better, and have lower instances of negative quality of life issues when compared to Non-owner occupied properties,
and
Whereas Residential rental properties can be considered businesses. Residential properties owned by absentee landlords typically
use a much greater proportion of city services (police, fire, inspections), yet absentee landlords of residential rental properties pay a
significantly lower tax rate than owner occupants of Non-homestead properties, and
Whereas The City of Buffalo should do its best to encourage owner occupancy at all properties within the city limits.
Now, Therefore, Be It Resolved:
That this Common Council will refer this resolution to the Legislation Committee to begin discussions with the appropriate
departments to create opportunities for property tax relief at owner occupied non-homestead properties.
REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL AND THE COMMISSIONER OF
ASSESSMENT AND TAXATION
NO. 119
BY: MS. RUSSELL
BUDGET AND PERSONNEL AMENDMENT 01 - DEPARTMENT OF COMMON COUNCIL 1007 - COUNCILMEMBER # 6 1012
COUNCILMEMBER # 11
The Common Council of the City Of Buffalo does ordain as follows:
That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 01 + Department Of Common Council, 1007-
Councilmember # 6, 1012 - Councilmember # 11 which currently reads:
1007 - Council Member # 6
2 Legislative Assistant to Councilmember $34,631
1012 Council Member # 11
2 Legislative Assistant to Councilmember $34,631
Is hereby amended to read:
1007 - Council Member # 6
1 Senior Legislative Assistant to Councilmember $39,003
1 Legislative Aide $30,258
1012 Council Member # 11
1 Senior Legislative Assistant to Councilmember $39,003
1 Assistant Legislative Aide $22,063
IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is
necessary.
That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such
position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position
title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position
GERALD A. CHWALINSKI, CITY CLERK AND MICHAEL A. SEAMAN, DIRECTOR OF BUDGET, hereby certify that the above
change is necessary for the proper conduct, administration and performance of essential services of that department. We
recommend that the compensation for said position be fixed at the respective amount set forth in the foregoing ordinance.
APPPROVED AS.TO FORM
Corporation Counsel 12/20/2005
MICHAEL A. SEAMAN
$ 37,927
DIRECTOR OF BUDGET
PASSED
AYES - 9 NOES - 0
NO. 120
BY: MS. RUSSELL
BUDGET AND PERSONNEL AMENDMENT 03 - EXECUTIVE DEPARTMENT 1501 - GENERAL OFFICE 1509 - STRATEGIC
PLANNING 1511 - ZONING 1514- REAL ESTATE 1518 - INTERGOVERNMENTAL RELATIONS 11- ADMINISTRATION &
FINANCE 1150- BUDGET & MANAGEMENT 1056 -TREASURY 21- DEPARTMENT OF FIRE 1131 - ADMINISTRATION 31-
DEPARTMENT OF ENGINEERING 1191-TRAFFIC ENGINEERING 1216 - LIGHTING OF STREETS 50-DEPARTMENT OF
PUBLIC WORKS & STREETS 1250 - FLEET MAINTENANCE 55 -DEPARTMENT OF COMMUNITY SERVICS 1413 - YOUTH
SERVICES 65 - PERMITS & INSPECTIONS 1150 - HOUSING & INSPECTIONS
The Common Council of the City Of Buffalo does ordain as follows:
That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 03- Executive Department, 1501- General Office,
1514 - Real Estate, 1518- Intergovemmental Relations, 11 -Administration & Finance, 1150- Budget, 1056-Treasury, 21-Department
of Fire, 1131-Administration, 31 -Department of Engineering, 1191-Traffic Engineering, 1216-Lighting of Streets, 50 - Public Works,
Parks & Streets, 1250-Fleet Maintenance, 55- Department of Community Services, 1413-Youth Services, 65-Department of Permits
& Inspections, 1150- Housing & Inspections which currently read:
03 - EXECUTIVE DEPARTMENT 1501 - GENERAL OFFICE
1 Chief of Staff (Mayor) $ 79,243
1 Executive Staff Manager $ 67,735
1 Special Assistant to the Mayor III $ 59,518
$ 73,337
1 Receptionist (Mayor) $ 30,083 - $ 33,589
1 Stenographic Secretary $ 31,196 - $ 35,883
1511 - ZONING
1 Senior Typist $ 26,590 - $ 29,673
1514- REAL ESTATE
1 Marketing Manager $ 42,771 - $ 51,173
1518 - INTERGOVERNMENTAL RELATIONS
Director of Intergovemmental Relations $ 67,102
11 - ADMINISTRATION & FINANCE 1150 - BUDGET & MANAGEMENT
1 Comrmssioner of Administration & Finance $ 79,243
1 Director of Budget $73209
21- DEPARTMENT OF FIRE 1131 - ADMINISTRATION
1 Community Grant Coordinator $ 31,747 - $ 36,745
31- DEPARTMENT OF ENGINEERING 1191 - TRAFFIC ENGINEERING
1 Junior Engineer $ 35,868 - $ 41,549
31- DEPARTMENT OF ENGINEERING 1216 - LIGHTING OF STREETS
2 Laborer II $ 22,383 - $ 25,432 33-
DIVISION OF TELECOMMUNICATIONS
1 Deputy Director of Telecommunications $37,927
50-DEPARTMENT OF PUBLIC WORKS & STREETS
1250 - FLEET MAINTENANCE
3 Laborer II (Daily) $ 25,596 - $ 29,182
55 -DEPARTMENT OF COMMUNITY SERVICS
1413 - YOUTH SERVICES
2 Assistant Coordinator of Youth Programs $ 28,449 - $ 31,955
65 - PERMITS & INSPECTIONS
1150- HOUSING & INSPECTIONS
1 Commissioner of Permits & Inspections $73,337
Is hereby amended to read:
03 - EXECUTIVE DEPARTMENT 1501 - GENERAL OFFICE
2 Deputy Mayor $ 85,000
1 Special Assistant to the Mayor II $ 45,000
1 Special Assistant to the Mayor I $ 40,000
1 Executive Assistant to the Mayor $ 37,927
0 Receptionist (Mayor) $ 30,083 - $ 33,589
0 Stenographic Secretary $ 31,196 - $ 35,883
1511 - ZONING
0 Senior Typist $ 26,590 - $ 29,673
1514- REAL ESTATE
2 Marketing Manager $ 42,771 - $ 51,173
1518 - INTERGOVERNMENTAL RELATIONS
1 Director of Intergovernmental Relations $ 79,243
11 -ADMINISTRATION & FINANCE 1150 - BUDGET & MANAGEMENT
1 Commissioner of Administration & Finance $83,000
1 Director of Urban Affairs $55,000
15 -ADMINISTRATION & FINANCE
1056 - TREASURY
1 Director of Treasury $ 73,209
21- DEPARTMENT OF FIRE 1131 - ADMINISTRATION
1 Stenographic Secretary $ 31,196 - $ 35,883
31- DEPARTMENT OF ENGINEERING 1191 - TRAFFIC ENGINEERING
0 Junior Engineer $ 35,868 - $ 41,549
31- DEPARTMENT OF ENGINEERING 1216 - LIGHTING OF STREETS
1 Laborer II $ 22,383 - $ 25,432
50-DIVISION OF TELECOMMUNICATIONS
Deputy Director of Telecommunications $ 37,927
50-DEPARTMENT OF PUBLIC WORKS & STREETS
1250 - FLEET MAINTENANCE
2 Laborer II (Daily) $ 25,596 - $ 29,182
55 -DEPARTMENT OF COMMUNITY SERVICS
1413 - YOUTH SERVICES
1 Program Director of Youth Counsel $ 39,767 - $ 43,908
1 Assistant Coordinator of Youth Programs $ 28,449 - $ 31,955
65 - PERMITS & INSPECTIONS
1150 - HOUSING & INSPECTIONS
1 Commissioner of Permits & Inspections $ 81,484
IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing ordinance is
necessary.
That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties for such
position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and certified the position
title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed position
ANTHONY M. MASIELLO, MAYOR, MICHAEL D'ORAZIO, COMMISSIONER OF FIRE, RAYMOND MCGURN, COMMISSIONER
OF PERMITS & INSPECTIONS, JAMES B. MILROY Ph.D., COMMISSIONER OF ADMINISTRATION & FINANCE , AND MICHAEL
A. SEAMAN, DIRECTOR OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration
and performance of essential services of that department. We recommend that the compensation for said position be fixed at the
respective amount set forth in the foregoing ordinance.
Anthony M. Masiello
Mayor
APPROVED AS TO FORM
Corporation Counsel
12/20/2005 - Attachments
PASSED
AYES - 9 NOES - 0
NO. 121
BY: MR. THOMPSON
RE: OPPOSITION TO ALITO NOMINATION FOR U.S. SUPREME COURT
Whereas: President Bush's nomination of Judge Samuel AI Alito, Jr., New Jersey U. S. Court of Appeals for the Third Circuit, has
come under much scrutiny;
and
Whereas: Judge Alito's unfavorable stance on many key social issues leaves America worrying about the protection of its
constitutional rights; and
Whereas: Judge Alito possesses an extreme conservative position on many core values such as voting rights, affirmative
action, abortion, anti-discrimination laws, and police brutality laws; and
Whereas: National environmentalist groups have joined with women's groups, civil-rights organizations, gay-rights activists, and
organizations for the disabled to mobilize against Judge Alito nomination.
Now, Therefore Be It Resolved That:
This Common Council hereby requests that the federal delegation of Western New York oppose the nomination and appointment of
Judge Samuel A. Mito, Jr. to U.S. Supreme Court; and
Now, Therefore Be It Finally Resolved That:
The City Clerk forward copies of this resolution to the Western New York federal delegation, the local and national branches of the
NAACP (National Association for the Advancement of Colored People), local and national branches of Planned Parenthood, and the
NCCJ (National Conference for Community and Justice), in seeking the prevention of appointment of Judge Samuel A. Alito, Jr to
U.S. Supreme Court.
Antoine M. Thompson
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 122
BY: MR. THOMPSON
CITY OF BUFFALO
LOCAL LAW NO. -- (2005)
INTRODUCTORY NO. -13- (2005)
A LOCAL LAW
amending the Charter of the City of Buffalo in relation to the Department of Administration and Finance
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That Article X of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows:
Article X, Department of Administration and Finance
§10-30 Procurement Policy Board
There shall be a procurement policy board consisting of up to seven members, three of whom shall be appointed by the mayor with
the consent of the council, two of whom may be appointed by the board of education, and one of whom may be appointed by each
of the Buffalo municipal housing authority and the Buffalo sewer authority. Each member shall serve at the pleasure of the
appointing official or body, without compensation. Members shall have demonstrated sufficient business or professional experience
to discharge the functions of the board. No member shall hold any public office, but each appointee shall be either a representative,
designee, or staff member of each public office or public employment. [or public employment]. The mayor shall designate the chair.
The board shall create policies for procurement of goods and services for the city, including (1) policies designed to encourage
cooperative purchasing by the city, the Buffalo city school district, the Buffalo municipal housing authority and the Buffalo sewer
authority through the director of purchase, (2) policies with respect to the methods for soliciting bids or proposals and awarding
contracts, (3) standards and procedures to be used in determining whether vendors are responsible, and (4) policies governing the
manner in which agencies shall administer contracts and oversee the performance of contracts and contractors. The board shall
make such recommendations as it deems necessary and proper to the mayor and the council regarding the organization's
personnel structure and management of the procurement function including, where appropriate, recommendations for revision of
this charter or local laws affecting procurement by the city. The board shall also review the form and content of standardized city
contract documents and shall submit to the law department recommendations for standardization and simplification of contract
language. The board shall not exercise authority with respect to award or administration of any particular contract or with respect to
any dispute, claim or litigation pertaining thereto.
Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the provisions
of this local law shall be controlling.
Section 3. This local law shall take effect immediately.
APPROVED AS TO FORM
Corporation Counsel
NOTE: Matter underlined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 123
BY: MR. THOMPSON
RE: SALES TAX RESOLUTION
Whereas: Erie County Legislature has approved an additional increased of one-halfpenny on the sales tax; and
Whereas: Such increase still must be approved by the New York State Legislature; and
Whereas: The apportionment of the 8.75% sales tax is as follows:
4% State of New York
3% Shared among Erie County, Cities, Towns,
Villages, and School Districts
1.75% kept by Erie County
8.75%
Whereas: The 1.75% represents a 58% increase over the 3% traditionally shared by Cities, Town, Villages, School Districts,
and the County; and
Whereas: The half-penny will generate an estimated $63 million in revenues; and
Whereas: The additional $63 million estimated revenues will generate $313 million for Erie County; and
Whereas: The common denominator among cities, towns, villages and school districts throughout the county is the need for a
fair share of the additional proceeds generated by the .50 sales tax.
Now, Therefore Be It Resolved That:
This Common Council hereby requests that the Erie County Legislature, the New York State Legislature, and the Governor of New
York State develop an equitable formula by which to share the proceeds of the .50% sales tax cities, towns, and villages; and
Be It Further Resolved:
This Common Council unanimously petitions the Erie County Legislature and New York Legislature to set aside a portion of the
.50% additional sales tax revenues to share with the City of Buffalo for public safety and related city services.
Be It Finally Resolved:
This Common Council requests that copies of this item be forwarded to the Committee on Finance, while seeking responses from
the Erie County Legislature and the New York State Legislature for the Common Council Meeting scheduled for Tuesday, January
10, 2006.
Antoine M. Thompson
ADOPTED
NO. 124
BY MR. THOMPSON
FELICITATIONS/IN MEMORIAM
Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as indicated:
Felicitation for Darren Strickland
By Councilmember Thompson
Felicitation for Jeffrey M. Conrad
By Councilmember All Councilmembers & City Clerk G. Chwalinski
ADOPTED
NO. 125
BY: ANTOINE M. THOMPSON
APPOINTMENTS COMMISSIONER OF DEEDS
That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31, 2006, conditional,
upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk:
Cynthia Donoghue
Total 1
ADOPTED
NO. 126
BY: ANTOINE M. THOMPSON
APPOINTMENTS
COMMISSIONERS OF DEEDS
REQUIRED FOR THE PROPER
PERFORMANCE OF PUBLIC DUTIES
That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31, 2006, conditional
upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo
Michael Kearns Joy Penders
John Murphy
Ronald Deschenes
Total 4
ADOPTED
UNFINISHED BUSINESS
NO. 127
BOARD OF ASSESSMENT REVIEW VACANCIES
(#14, 11/29)
Mr. Coppola now moved that the above item be taken from the table.
Seconded by Mr. Fontana
CARRIED.
Mr. Coppola now moved that the above item be received and filed
Seconded by Mr. Fontana
ADOPTED
NO. 128
M. COPPOLA-P. MILLIGAN-FOOD BANK OF WNY
(#46, 11/15) (#118, 12/13)
Mr. Coppola now moved that the above item be taken from the table.
Seconded by Mr. Fontana
CARRIED.
Mr. Coppola now moved that the above item be received and filed
Seconded by Mr. Fontana
ADOPTED
NO. 129
ANNOUNCEMENT OF COMMITTEE MEETINGS
th
The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13floor City Hall, Buffalo, New
York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, January 3, 2006 at 9:30 o'clock A.M.
Committee on Finance following Civil Service
Tuesday, January 3, 2006 at 10:00 o'clock A.M.
Committee on Legislation
Tuesday, January 3, 2006 at 1:00 o'clock P.M.
Council Reorganization Meeting Tuesday, January 3, 2006 at 2:00 o'clock P.M.
Committee on Comm. Dev. A.M.
Wednesday, January 4, 2006 at 10:30 o'clock
Special Committees
(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. 130
ADJOURNMENT
On a motion by Mr. Coppola, Seconded by Mrs. Russell, the Council adjourned at 4:29 PM
GERALD CHWALINSKI CITY CLERK