HomeMy WebLinkAbout05-1213
No.23
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
DECEMBER 12, 2005
POLICE AND FIRE PENSION
DECEMBER 13, 2005
MAYOR
Hon. Anthony M. Masiello
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
JEFFERY CONRAD - SOUTH
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Bonnie E. Russell
Chairman, Brian C. Davis, Joseph Golombek Jr., Richard A.
Fontana-Members
CLAIMS COMMITTEE: Jeffery 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.,Jeffery Conrad, Marc A. Coppola,-
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
EDUCATION COMMITTEE
Antoine M. Thompson, Chairman, Richard A. Fontana, David
A. Franczyk, Bonnie E. Russell Members
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, DECEMBER 12, 2005
AT 2:00 P.M.
PRESENT – David A. Franczyk, President of the Council, and Council Members Bonifacio, Conrad, Coppola,
Davis , Fontana, Golombek Russell AND Thompson –9
ABSENT –– 0
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE DIVISION OF CITIZEN SERVICES
NO. 1
MONTHLY REPORT- DIVISION OF CITIZEN SERVICES- NOVEMBER,
2005
Dear Members of the Buffalo Common Council:
Attached for your review is the following: (1) Chart of Service Calls for November, 2005, (2) Chart of Service Calls for
November, 2004- for comparative purposes, and (3) Chart of "Open" calls for October, 2005, as of December 1, 2005.
Service requests for November, 2005 were down by 329 to 2,691, but they were about 44 % higher than in November
2004, (2,691 to 1,515).
In comparing the service request calls for the two Novembers- requests in 2005, for housing inspections, forestry
services, and infrastructure repairs are all dramatically higher than a year ago.
Inspection requests remain high in large part, because there is much more activity in Neighborhood Planning groups, who
have become very diligent in identifying problem properties and want something done about them. A good example is in
the North district, which had 184 housing inspection requests, many of the requests came from the Good Neighbor
Planning Alliance and the Dearborn Street Block Club.
Forestry requests were again high, due to several periods of strong wind gusts, which resulted in more calls for both
downed trees and branches, as well as, general concerns for future damages from dead trees or limbs. 29 trees were
reported down during November, and 290 callers reported limbs and branches that were on the ground.
Infrastructure requests were up by 66 service requests in November from October, mostly due to sewer calls from leaves
blocking receivers, as we experienced heavy rain with high winds, which resulted in the perfect conditions to clog the
receivers on many residential streets.
Responses to October's service requests remained at 61% resolved, as of December 1, 2005. Categories that were
above 50% unresolved are Police, Forestry, Infrastructure, Tote Requests, Stolen Totes, Rodents, Broken Totes, and
Adjudication. Inspections, however, had a monthly high of resolving 85% of the requests that the department received in
October.
As always, I hope that you find this information helpful.
RECEIVED AND FILED
FROM THE CITY PLANNING BOARD
NO. 2
URBAN RENEWAL PLAN
SENECA BABCOCK REDEVELOPMENT PROJECT
PLANNING BOARD REPORT AND RECOMMENDATION
APRIL 15, 2003, C.C.P. NO. 128
The City Planning Board at its meeting of December 6, 2005 reviewed the Seneca Babcock Urban Renewal Plan and
adopted the Negative Declaration issued by the Buffalo Urban Renewal Agency on November 23, 2005 is reporting the
following to the Common Council:
We, the duly appointed members of the City of Buffalo Planning Board, acting in accordance with Section 504, Article 15
of the General Municipal Law of New York State, do this 6th Day of December, 2005 report the following resolution:
WHEREAS, the Common Council of the City of Buffalo designated the Seneca Babcock Redevelopment Project Area,
consisting generally of all that tract of land situated in the City of Buffalo within the area generally bounded by the street
centerline of Bailey Avenue on the east, the street centerline of Elk Street on the south, the rail road track right-of-way of
the CSX Rail Road (formerly the New York Central RR) on the west, and the rail road track right-of-way of the CSX Rail
Road (formerly the Western New York and Pennsylvania RR) on the north, as a substandard, insanitary area which tends
to impair and arrest the sound growth and development of the municipality, and designated the Project Area as being
appropriate for urban renewal treatment on June 11, 2002, C.C.P. No. 107; and
WHEREAS, the proposed Seneca Babcock Redevelopment Project Urban Renewal Plan provides for the systematic,
tong term, revitalization of the Project Area; and
WHEREAS, the proposed Urban Renewal Plan will aid in the stabilization of local real property values and local property
tax rolls, and will provide a framework for public and private reinvestment within the area; and
WHEREAS. The proposed Urban Renewal Plan generally conforms to the comprehensive plan for the development of the
community as a whole and is consistent with local objectives as determined by the City Planning Board; and
WHEREAS, a public hearing upon the matter was held upon due notice before the City Planning Board in Room 901 City
Hall on February 25, 2003 at 8:15 a.m., at which hearing the proposed Urban Renewal Plan was presented and explained
in detail, and those desiring to be heard were heard,
WHEREAS, the Common Council approved, after a public hearing was conducted, the Seneca Babcock Urban Renewal
Plan on, where the courts have said such plan was invalid due to lack of specific findings,
WHEREAS, a public hearing upon the matter was held upon due notice before the City Planning Board in Room 901 City
Hall on November 22, 2005, at which hearing the proposed Urban Renewal Plan was presented and explained in detail,
and those desiring to be heard were heard,
WHEREAS, the City Planning Board shall in its findings include under GML 505(4) that any financial aid to the
municipality, from any source, is necessary to enable the project to be undertaken in accordance with the plan and that if
any relocation is necessary that the City shall follow established Federal Relocation guidelines for residential and
commercial relocations,
NOW, THEREFORE, BE IT RESOLVED, that, we 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 our 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 4 weeks after the planning Board s public hearing, by your Honorable Body;
BE IT FURTHER RESOLVED, 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.
AYES: Hoyt, Lyons, Schwartz NOES: Morrell, Manuele ABSENT: Bums, Gioia
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 3
BICYCLE PEDESTRIAN ADVISORY BOARD
Please accept this letter as a response to your letter and Common Council item Bicycle/Pedestrian Advisory Board
(#105 CCP Nov. 15, 2005)."The Office of Strategic Planning (OSP) looks forward to participating on the
Bicycle/Pedestrian Advisory Board and has included bicycle and pedestrian components in each of its major plans. The
OSP looks forward to working with the Advisory Board to determine reasonable and creative mechanisms for improving
bicycle and pedestrian movement throughout our city.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 4
DOWNTOWN RENEWAL PHASE II
URBAN RENEWAL AREA
APPROVAL OF CONTRACT FOR SALE OF LAND - 50 COURT ST.
RESOLUTION 103 - CCP 11/20/05
The City of Buffalo Urban Renewal Agency duly designated 1097 Group, LLC and/or joint venture, partnership,
corporation or other legal entity to be formed as the qualified and eligible Redeveloper for the subject parcel.
The Agency filed the Land Disposition Agreement with the Council on November 23, 2005 with a Public Hearing
tentatively scheduled for December 13, 2005. However, the Public Hearing was cancelled due to unresolved issues
regarding the sale price of the Property.
The Agency is proposing to amend the purchase price from $483,500.00 to $700,000.00 with an escrow of $150,000.00 to
be used only if a pre-existing foundation needs to be knocked-out. The transfer price is based on the review of appraisals
obtained from GAR Associates, Inc. and The KLW Group and information provided by the Liberty Group and review by
the City Director of Real Estate and the Agency Board members.
The Agency has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the
Redeveloper is satisfactory subject to modification as to price set forth above.
Please be advised that in accordance with the provisions of Article 15A of the General Municipal Law, it is now necessary
for your Honorable Body to set a date for a public heating, and to direct the publication of a notice of said hearing. In the
interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have taken the liberty to
prepare a Resolution together with a Notice of Public Hearing for your action.
Forwarded separately are the following documents:
1. Resolution setting Public Heating
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition Agreement
After the Public Hearing is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to
the Redeveloper, which the Age
designated as being qualified and eligible
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 5
EST LAND TRUST FUND COMMITTEE
Dear Ms. Rushton:
Please accept the following as a response to Common Council resolution Item # 136 C.C.P. June 14, 20051 "Establish a
Land Trust Fund Committee."
The Office of Strategic Planning recently completed, and Common Council passed, a resolution re-establishing the city's
Homesteading Program. Changes have been made to the program including the implementation of several efficiency
items to expedite the transferring of lots and other qualified properties to adjacent residents and equally important
community-based organizations.
The subject resolution seems to add another committee to a process that has been improved. The faster we get the
properties identified and approved, the more rapidly the whole Homesteading process will work. We expect to Homestead
2-3 times the amount of properties over a 12 month period with the new program.
We look forward to working with the Common Council on this opportunity and improving communities within the City of
Buffalo.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 6
ESTABLISHMENT OF SEPARATE ACCOUNT 90 HOPKINS REMEDIATION
ITEM NO. 289C.C.P. 07/20/04
The City of Buffalo has been awarded a State Assistance Contract (SAC) to undertake a remediation at the 90 Hopkins
property. The SAC permits municipalities to be reimbursed for 90% of the allowable costs of the project. The City is the
current owner of the property. Honeywell, Inc. has committed to providing a portion of the City of Buffalo's 10% share, as
per their August 9, 2004 agreement with the City (attached).
The Agreement requires the creation of a separate account, dedicated to paying the covered costs of the project. The
Agreement also requires that, within 30 days of the execution of the SAC by the City, the City is to pay $30,000 into the
account Honeywell is to pay $60,000 into the account.
and
I respectively request that your Honorable Body authorize the establishment of a separate account for payment of the 90
Hopkins remediation project as set forth above and authorize that $30,000 from the City's environmental remediation bond
account #38320206 be placed in the account to fund the City's portion of the remediation.
Mr. Coppola moved:
That the above communication from the Office of Strategic Planning, dated November 28, 2005, be received and filed;
and
That the Common Council authorize the Comptroller to establish a separate account for payment of the 90 Hopkins
remediation project as set forth above and authorize that $30,000 from the City's environmental remediation bond account
#38320206 be placed in the account to fund the City's 10% portion of the remediation.
PASSED
AYES - 9 NOES - 0
NO. 7
"GRANT APPLICATION FOR THE NEW YORK STATE DEPARTMENT OF STATE QUALITY COMMUNITIES
PROGRAM, 2004-2005: INFRASTRUCTURE FOR QUEEN CITY LIVABILITY"
#134, FEBRUARY 8, 2005
Please be advised that the City of Buffalo has been awarded a New York State Department of State (NYSDOS) Quality
Communities for $36,500 for the Healthy Infrastructure for Queen City Livability project. The project will rely upon the
partnership between the City of Buffalo, the Wellness Institute of Greater Buffalo, the Buffalo Niagara Medical Campus,
Buffalo Place Inc., the West Village Renaissance Group, and the Greater Buffalo-Niagara Regional Transportation
Council (GBNRTC), to examine the existence of bicycle and pedestrian facilities and the connectivity to transit in
Downtown Buffalo. Infrastructure for Queen City Livability will focus and build upon
The Queen City Hub, the Regional
The project will focus on the five strategic investment areas identified in the Queen City
Action Plan for Downtown Buffalo.
Hub plan, as well as Ellicott District Heritage Crescent area. The process will include the identification of existing
infrastructure, development of recommended improvements and an implementation strategy that supports livability
through pedestrian and bicycle access. The project goal is to improve access by linking major pedestrian and bicycle
generators in each strategic investment, resulting in reduced congestion and parking needs, better air quality and
increased active living.
RECEIVED AND FILED
NO. 8
RESCIND SALE
669 NORFOLK STREET
MASTEN
ITEM # 10, C.C.P. APRIL 19, 2005
In the above referenced item Your Honorable Body authorized the sale of 669 Norfolk Street to Mr. Marcus Browne, 96
Rounds Avenue, Buffalo, New York 14215 in the amount of six thousand dollars ($6,000).
Several notices have been mailed to Mr. Browne requesting to schedule an appointment to close on 669 Norfolk Street.
Final notice was sent stating failure to respond would result in the sale be rescinded and deposit forfeited. This office
received no response.
Therefore, this office is recommending the Common Council approve to rescind the sale, forfeit the deposit of six hundred
dollars ($600) and the property be returned to our inventory.
Mr. Coppola moved:
That the communication from the Department of Strategic Planning, dated December 5, 2005, be received and filed; and
That the Executive Director of Strategic Planning be, and he hereby is authorized to rescind the sale of 669 Norfolk Street,
and forfeit the deposit in the amount of six hundred dollars ($600.00) and to return the property to inventory for resale.
PASSED
AYES - 9 NOES - 0
NO. 9
RESULTS OF NEGOTIATIONS
1062 ELLICOTT, 128' N COE
VACANT LOT: 29' X 120'
ASSESSED VALUATION: $1,600
(ELLICOTT DISTRICT)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 1062 Ellicott from Mr.
Terence James, 1060 Ellicott, Buffalo, New York 14209. Mr. James owns and resides at 1060 Ellicott, which is adjacent to
1062 Ellicott and intends to use this vacant lot for additional green space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are
no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range from
thirty-five cents ($.35) to sixty-five cents ($.65), per square foot.
The results of our negotiations are that Mr. James has agreed and is prepared to pay one thousand six hundred dollars
($1,600), forty-five cents (.45) per square foot for the subject property. Mr. James has also agreed to pay for the cost of
the transfer tax, recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 1062 Ellicott to Mr. Terence James in the amount of
one thousand six hundred dollars ($1,600). I am further recommending that the Corporation Counsel prepare the
necessary documents for the transfer of title and that the Mayor be authorized to execute the same.
Mr. Coppola moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated December 5, 2005, be
received and filed; and
That the offer from Mr. Terence James, residing at 1060 Ellicott, in the sum of one thousand and six hundred dollars
($1,600.00) for the purchase of 1062 Ellicott, be and hereby is 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. 10
RESULTS OF NEGOTIATIONS
197 PROSPECT, 61.50' NW VIRGINIA
VACANT LOT: 30' X 100'
ASSESSED VALUATION: $4,900
ELLICOTT DISTRICT
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 197 Prospect from Mr.
Marion D. Matos, 199 Prospect, Buffalo, New York 14201. Mr. Matos owns and resides at 197 Prospect, which is adjacent
to 197 Prospect and intends to use this vacant lot for additional green space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are
no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range from
thirty-five cents ($.35) to one dollar and fifty cents ($1.50), per square foot.
The results of our negotiations are that Mr. Matos has agreed and is prepared to pay two thousand seven hundred dollars
($2,700), ninety cents ($.90) per square foot for the subject property. Mr. Matos has also agreed to pay for the cost of the
transfer tax, recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 197 Prospect to Mr. Marion Matos in the amount of
two thousand seven hundred dollars ($2,700). I am further recommending that the Corporation Counsel prepare the
necessary documents for the transfer of title and that the Mayor be authorized to execute the same.
Mr. Coppola moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated December 5, 2005, be
received and filed; and
That the offer from Mr. Marlon D. Matos, residing at 199 Prospect, in the sum of two thousand and seven hundred dollars
($2,700.00) for the purchase of 197 Prospect, be and hereby is 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. 11
INFO RECEIVERSHIP REVOLVING LOAN FUND
Dear Ms. Baldwin:
Please accept this letter as a response and comment to Common Council item Start A Receivership Revolving Loan
Fund, (Res #95 CCP October 18, 2005).
The Office of Strategic Planning (OSP) has supported the initiative developed by the Honorable Henry Nowak, Housing
Court Judge for the City of Buffalo. Unfortunately, the Common Council resolution # 95 CCP October 18, 2005, asks for
the creation of a $500,000 Receivership Revolving Loan Fund, for which the funds do not exist. In addition, next year it is
expected that the CDBG fund will receive another reduction in allocation due to recent hurricanes. A $500,000 allocation
to a new program simply is not possible. In addition, all community groups are not eligible to use the funds for housing
projects. We have already discussed possible opportunities with some of our community-based housing groups on how to
address this problem and will be working with them over the coming months to develop an implementable strategy.
Additional issues, such as monitoring, cost-vs-benefit, etc. need to be addressed prior to developing any such fund. In
addition, with the continued declining HUD funding, CDBG, HOME, HOPWA and ESG, additional resources should be
identified to eliminate the risk of creating an unfunded program.
We look forward to continue working with the Common Council and the Housing Court to address issues of rehabilitating
Receivership properties in the City of Buffalo.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
FROM THE COMMISSIONER OF PUBLIC WORKS
NO. 12
NOTIFICATION SERIAL # 10036
INSTALL STOP SIGN
IN CRESCENT AVENUE
AT WOODWARD AVENUE
(DELAWARE DISTRICT)
STOP SIGNS - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies
Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days after the first Council meeting at which they appear on the
agenda as an item business.
That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding
thereto the following:
STOP SIGNS (ALL WAY)
VEHICLES ON SHALL STOP BEFORE ENTERING
Crescent Avenue Woodward Avenue
NOTIFICATION SERIAL # 10037
INSTALL STOP SIGN
IN RICHMOND AVENUE
AT BIRD AVENUE
(NORTH DISTRICT)
STOP SIGNS - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies
Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days aficer the first Council meeting at which they appear on the
agenda as an item business.
That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding
thereto the following:
STOP SIGNS
VEHICLES ON SHALL STOP BEFORE ENTERING
Richmond Avenue Bird avenue
NOTIFICATION SERIAL # 10038
INSTALL STOP SIGN
IN COMSTOCK AVENUE
AT HUTCHINSON AVENUE
(UNIVERSITY DISTRICT)
STOP SIGNS - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the City of Buffalo, the City Engineer hereby notifies
Your Honorable Body of this action supplementing, amending, or repealing existing provisions of Chapter 479 of the
Ordinances, as stated below, to be effective forty five days aider the first Council meeting at which they appear on the
agenda as an item business.
That that part of Subdivision 9 Section 11 of Chapter 479 of Ordinances of the City of Buffalo be supplemented by adding
thereto the following: STOP SIGNS (ALL WAY)
VEHICLES ON SHALL STOP BEFORE ENTERING
Comstock Avenue Hutchinson Avenue
Waive 45 Days
RECEIVED AND FILED
NO. 13
BICYCLE/PEDESTRIAN ADVISORY BOARD
ITEM NO. 102, C.C.P. 11/15/05
This department has no objections to the creation of a Bicycle/Pedestrian Advisory Board provided that the Board remains
advisory. In no way should the powers granted to the City Engineer, by the City Charter, be diminished.
At the present time, there is no such title of Traffic Engineer in the Department of Public Works. The ex-officio member of
the Board from this department should be the City Engineer, or his representative.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 14
REPORT OF BIDS
REPAIR OF STREETLIGHT FOUNDATIONS AND KNOCKDOWNS
CITYWIDE - GROUP 649
This is to advise your Honorable Body that I have advertised for and received public bids on November 30, 2005 for
Repair of Streetlight Foundations and Knockdowns Citywide - Group 649. These bids were necessary as a result of a
10/20/2004 notification from NiMo informing the City that they will no longer handle streetlight standard repairs as related
to knockdowns.
In obtaining bids for the above project, I have requested bids on a unit price basis covering the various items of work
and materials, which will be performed. The final cost of the work will be based on the actual measured quantities of
material entering into the work and may be either more or less than the total bid.
The following bids were received:
Contractor Total Bid Price
O'Connell Electric Co. $134,460.00
929B Ransom Road
Lancaster NY 14207
Spoth Enterprises, Inc $247,150.00
8746 Lakeshore Road
Angola NY 14006
Frey Electric $297,150.00
100 Pearce Avenue
Tonawanda, NY 14150
I hereby certify that the lowest bidder for the above project is O'Connell Electric Co. with a base bid amount of
$134,460.00. The engineers estimate for this work is $150,000.00 and funds are available in the Capital project Accounts
30032106-445100 and 13116006-443100.
I respectfully recommend that Your Honorable body authorize a contract award to O'Connell Electric Co. in accordance
with their low bid on November 30, 2005 in the amount of $147,906.00 ( $134,460.00 Base Bid + 10% Unit Price increase
of $13,446.00 equals $147,906.00).
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated December 6, 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
Repair of Streetlight Foundations and Knockdowns Citywide - Group 649, to O'Connell Electric Co., the lowest
responsible bidder, in the amount of $134,460.00. Funds for the project are available in Capital project accounts
30032106-445100 and 13116006-443100.
PASSED
AYES - 9 NOES - 0
NO. 15
BLOCK BATTAGLIA GARBAGE SCHEME
ITEM NO. 71A, C.C.P. 11/29/05
The referenced item was sent to this office for comment.
The Department of Public Works, Parks and Streets has not received any application for a landfill or transfer station from
Peter Battaglia Demolitions Inc. for 1037-1055 Seneca St. If an application is filed, it will be reviewed in full accordance
with Article V111, Section 263 of the Charter and Ordinances.
This department has also worked with the Corporation Counsel's office to suggest changes to the ordinances dealing with
landfills and transfer stations. Those recommendations are currently before the Common Council.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 16
BLOCK GRANT FUND TRANSFER
SENECA STREET
INFRASTRUCTURE IMPROVEMENTS
(SOUTH)
I hereby request that Your Honorable Body authorize a transfer of CDBG funds in the amount of $100,000 from CDBG
Account #31-50205 to our Capital Account #30032106 for partial funding of Seneca Street milling & paving. (See attached
BURA Item 3a of November 23, 2005.)
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated December 8, 2005, be
received and filed; and
That the Common Council authorize the transfer of Community Development Block Grant Funds in the amount of
$100,000 from CDBG Account #31-50205 to the Department of Public Works Capital Account #30032106 for partial
funding of Seneca Street milling and paving.
PASSED
AYES - 9 NOES - 0
NO. 17
Buffalo Water Board - Line Saver Program
The Buffalo Water Board discussed American Water's proposal for the Line Saver Program at their meeting of October
12, 2005. The proposed program would offer water customers the option of purchasing insurance for the replacement of
their water services.
Several Board members expressed concerns regarding the Board's possible liability if they endorsed such a plan to be
administered by American Water. Although the Board had no objections to American Water proceeding with the program,
the Board did not issue any statement of support of the program, nor would they allow American Water to use the Board's
name in any solicitation of its customer
REFERRED TO THE COMMITTEE ON FINANCE
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, Electrical
Work, Tunney Electric, Inc., C #92010831.
1. RFI #167 - Additional wiring required for auditorium lighting controls. Add $ 2,182.73
The foregoing change results in a net increase in the contract of Two Thousand One Hundred Eighty Two and 73/100
Dollars ($2,182.73).
SUMMARY
Current Contract Amount $531,727.06
Amount of This Change Order (#14) $ 2,182.73
Revised Contract Amount $533,909.79
Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, PC, Architect) 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 1, 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. 14
to Tunney Electric, Inc., an increase in the amount of $2,182.73, as more fully described in the above communication, for
work relating to Job
No. 0324, North Jefferson Library, Construction, Electrical Work, C #92010831. Funds for this project are available in
38321006 445100 - Division of Buildings.
PASSED
AYES - 9 NOES - 0
NO. 19
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 #117 - Furnish and install additional work required to address electrical portion of optimal security changes
to contract. Add $ 5,064.11
The foregoing change results in a net increase in the contract of Five Thousand Sixty Four and 11/100 Dollars
($5,064.11).
SUMMARY
Current Contract Amount $533,909.79
Amount of This Change Order (#15) $ 5,064.11
Revised Contract Amount $538,973.90
Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, PC, Architect) 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 1, 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. 15
to Tunney Electric, Inc., an increase in the amount of $5,064.11, as more fully described in the above communication, for
work relating to Job
No. 0324, North Jefferson Library, Construction, Electrical Work, C #92010831. Funds for this project are available in
38321006 445100 - Division of Buildings.
PASSED
AYES - 9 NOES - 0
NO 20
CHANGEIN 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 #182 - Furnish and install telephone system.
Add $1,078.02
The foregoing change results in a net increase in the contract of One Thousand Seventy Eight and 02/100 Dollars
($1,078.02).
SUMMARY
Current Contract Amount $538,973.90
Amount of This Change Order (#16) $ 1,078.02
Revised Contract Amount $540,051.92
Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, PC, Architect) 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 2, 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. 16
to Tunney Electric, Inc., an increase in the amount of $1,078.02, as more fully described in the above communication, for
work relating to Job
No. 0324, North Jefferson Library, Construction, Electrical Work, C #92010831. Funds for this project are available in
38321006 445100 - Division of Buildings.
PASSED
AYES - 9 NOES - 0
NO. 21
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 #181 - Provide and install light fixtures for Service Area 108.
Add $ 888.62
The foregoing change results in a net increase in the contract of Eight Hundred Eighty Eight and 62/100 Dollars
($888.62).
SUMMARY
Current Contract Amount $540,051.92
Amount of This Change Order (#17) $ 888.62
Revised Contract Amount $540,940.54
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 6, 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. 17
to Tunney Electric, Inc., an increase in the amount of $888.62, as more fully described in the above communication, for
work relating to Job No. 0324, North Jefferson Library, Construction, Electrical Work, C #92010831 Funds for this project
are available in 38321006 445100 - Division of Buildings.
PASSED
AYES - 9 NOES - 0
NO. 22
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 #27.1 - Provide and install custom wood doors at the entrance to the African American Resource Room.
Add $ 11,045.75
The foregoing change results in a net increase in the contract of Eleven Thousand Forty Five and 75/100 Dollars
($11,045.75).
SUMMARY
Current Contract Amount $3,103,795.36
Amount of This Change Order (#15) Add $ 11,045.75
Revised Contract Amount $3,114,841.11
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 8, 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. 15
to Patrick Development of WNY, Inc., an increase in the amount of $11,045.75, as more fully described in the above
communication, for work relating to Job No. 0324, North Jefferson Library, General Construction, C #92010833. Funds for
this project are available in 38321006 445100 - Division of Buildings and 1% of public art in Public Places.
PASSED
AYES - 9 NOES - 0
NO. 23
Change in Contract
Delavan Fillmore Fire Station
Construction
Job #0433
Masten District
I hereby submit to Your Honorable Body the following changes for the Delavan Fillmore Fire Station, Construction, HVAC
Work, Parise Mechanical, Inc., C #92010968.
1. Revise kitchen range hood ductwork to accommodate two 30" residential range hoods in lieu of a 48"
commercial range hood.
Deduct $ 118.00
The foregoing change results in a net decrease in the contract of One Hundred Eighteen and 00/100 Dollars (-$118.00).
SUMMARY
Current Contract Amount $174,501.00
Amount of This Change Order (#2) $ 118.00
Revised Contract Amount $174,383.00
Costs have been reviewed by the Consulting Architect (Foit Albert Associates) and the Department of Public Works,
Parks & Streets and were found to be fair and equitable. Funds for this work are available in 30062206 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 2, 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. 2
to Parise Mechanical, Inc., a decrease in the amount of $118.00, as more fully described in the above communication, for
work relating to Job No. 0433, Delavan Fillmore Fire Station, HVAC Work, C #92010968. Funds for this project are to be
credited to 30062206 445100 - Division of Buildings.
PASSED
AYES - 9 NOES - 0
NO. 24
Elmwood Hertel Fire Station
Construction
Job #0436
North District
I hereby submit to Your Honorable Body the following changes for the EImwood Hertel Fire Station, Construction,
Concept Construction Corp., C #92010961.
1. Quote #17 - Extend storage room walls to the deck. Add $ 1,233.00
The foregoing change results in a net increase in the contract of One Thousand Two Hundred Thirty Three and 00/100
Dollars ($1,233.00).
SUMMARY
Current Contract Amount $1,865,579.00
Amount of This Change Order (#7) $ 1,233.OO
Revised Contract Amount $1,866,812.00
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 2, 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. 7
to Concept Construction Corp., an increase in the amount of $1,233.00, 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 - 8 NOES - 1
AYES - BONIFACIO, CONRAD, COPPOLA, DAVIS, FONTANA, FRANCZYK, RUSSELL AND THOMPSON - 8
NOES - GOLOMBEK - 1
NO. 25
Police Athletic League
st
Use of 21Floor of City Hall
Please be advised that this department will be amending its Memorandum of Understanding with the Police Athletic
~t
League (PAL) to allow them the full use of the 21floor of City Hall as office space.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated December 6, 2005, be
received and filed; and
That the Commissioner of Public Works be and he is authorized to amend the Memorandum of Understanding with the
st
Police Athletic League to allow them the full use of the 21floor of City Hall as office space.
PASSED
AYES - 9 NOES - 0
NO. 26
Request Removal of Alternate Parking
on Hughes Avenue
#111 of CCP 10/18/2005
This is in response to the subject item, which was referred to our department for investigation.
Upon investigating this matter is was revealed that standard type I alternate parking regulations have been posted on
Hughes Ave. since 1978. Based on the street width of 28' and the combined parking and traffic generated by the college
and residences, our department cannot justify the removal of alternate parking on Hughes Ave. These restrictions are
necessary to snow removal, street cleaning and garbage/trash pickup.
We would offer the possible installation of a type I alternate parking with different change over times which would restrict
parking on the residential side during school hours of operation.
A meeting should be scheduled to discuss proposed changes with area residents and Canisus College prior to
implementations.
RECEIVED AND FILED
NO. 27
A. Thompson - Req. Amend Lease for Buffalo Museum of Science
Item No. 63, C.C.P. 11/29/05
The referenced item was sent to this department for comment.
It is my understanding that the Common Council has the authorization to amend the lease with the Buffalo Society of
Natural Sciences for the lease of the Museum of Science. Be aware, however, that the Society now pays approximately
$190,000 per year for electricity and $20,000 per year for natural gas. I don't see any way that these payments can be
absorbed in our existing budget for utilities.
I suggest that the Commissioner of Administration and Finance be consulted to determine the fiscal impact.
NO. 28
Traffic Signal - Sycamore and Sobieski
Item No. 67, C.C.P. 11/1/05
The referenced item was sent to this office for comment.
This department did an independent traffic study of this intersection, along with several others. The results of that study
indicated that a traffic signal at the intersection was not warranted, as prescribed by the New York State Manual of Traffic
Control Devices.
The City Engineer filed serial #9363 and the Common Council approved the removal at their meeting of November 8,
2002.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 29
Various Water Studies
Item No. 138, C.C.P. 11/30/04
Item No. 144, C.C.P. 11/30/04
Item No. 145, C.C.P. 11/30/04
Item No. 30, C.C.P. 03/22/05
Please be advised that the results of the study, commissioned by the Buffalo Water Board, to determine the amount of
unaccounted for water, should be presented to the Board at their January 2006 meeting. After approval of the Board, the
report will be submitted to the Council.
The Board has also retained Raftelis Financial Consultants, Inc. to perform a rate analysis and to make recommendations
on changes in their rate structures• Raftelis will be presenting their schedule at the Board December 14, 2005 meeting.
After acceptance of the schedule by the Board, I will forward it on to the Common Council.
REFERRED TO THE COMMITTEE FINANCE
No. 30
Certificate of Appointment
Appointment Effective: November 28, 2005 in the Department of Public Works, Parks & Streets Division of Water to the
Position of Meter Reader
Provisional Appointment at the: Maximum
Robert Coniglio 75 Eden St Buffalo, NY 14202
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF POLICE
No. 31
[Item #102, C.C.P. Nov 15, 2005:]
The Buffalo Police Department has no comments or recommendations concerning the aforementioned item.
RECEIVED AND FILED
NO. 32
["Cite Gas Stations & Food Stores for Noise Violations"]
[Item #103, C.C.P. Nov 15, 2005:]
The Buffalo Police Department has no comments or recommendations concerning the aforementioned item.
RECEIVED AND FILED
No. 33
City of Buffalo, Police Department
Disposition of Police Department
Property K-9
Pursuant to City Charter, the Police Department is notifying your Honorable Body of the disposition of City of Buffalo
property, Duran, a K-9 assigned to our Department. The K-9 became very ill and was taken to the Buffalo Small Animal
Hospital. The staff at the hospital advised Duran's handler that there was no chance of recovery and it was decided that it
was in Duran's best interest that he should be put to sleep at that time.
While it is not the policy of the Department to dispose of property without proper approval, we feel it was the most humane
approach to the issue. If there are any questions or concerns regarding this matter, kindly contact Chief Richard Ortiz at
851-5181.
RECEIVED AND FILED
NO. 34
Public Safety Campus building, Draft Lease
Submitted herewith is a draft lease agreement by and between the County of Erie and City of Buffalo, for space at the
newly built Public Safety Campus building in downtown Buffalo, New York. The proposed lease would grant the City of
Buffalo a twenty (20) year occupancy right at the Public Safety Campus building. Specifically, the lease grants the City's
Departments of Police and Fire the right to occupy the PSC, for the conduct of its Emergency 911 communications,
evidence, photography, information systems and certain administrative functions.
The draft lease offers the City tenancy; off-street, reserved parking; utilities; maintenance; and certain equipment use, free
of charge. In return for the PSC tenancy, the City would agree to continue to offer tenancy (20 year term) to Erie County
(back-up emergency communications) at the Delaware Park Radio Station. The County of Erie will vacate City of Buffalo
Police Department headquarters, transferring its operations to the PSC. Accordingly, the City will once again realize full
use and domain of the police headquarters facility.
The terms and conditions specified in the proposed lease have been reviewed by the Police Commissioner, Fire
Commissioner and Corporation Counsel's office. The terms/conditions are highly beneficial to the City of Buffalo. For
merely continuing its on-going agreement to house the County's back-up emergency communications, the City would gain
the right to occupy one of the most advanced local public safety facilities in the United States. Thank you.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 35
["Req. SLA to revoke Liq Lic. of problem drinking est. whose lic.
were revoked for illegal activity.'
[Item #100, C.C.P. Nov 15, 2005:]
The Buffalo Police Department has no comments or recommendations concerning the aforementioned item.
RECEIVED AND FILED
NO. 36
Return from Leave of Absence
Police Officer Cleveland Wilson (ss# xxx-xx-9402), assigned to the E District, returns from his military leave of absence
without pay, for payroll purposes only, effective 11/8/05.
RECEIVED AND FILED
NO. 37
["Sex Offender Residency Prohibition: 1500 Feet"]
[Item #101, C.C.P. Nov 15, 2005:]
The Buffalo Police Department has no comments or recommendations concerning the aforementioned item.
RECEIVED AND FILED
FROM THE CORPORATION COUNSEL
NO. 38
DART STREET GARAGE
You requested a response from the Law Department at the Claims Committee Meeting on December 7, 2005 regarding
the below:
Dart Street Garage Break In Claims
Name Amount Paid
1/29/03 Committee Meeting $800.00
Dawn D'Andrea $1,998.74
Molly Elliott
4/9/03 Committee Meeting
None
7/2/03 Committee Meeting
None
10/23/03 Committee Meeting
None
December 10, 2003 $1,999.29
Marion Reynolds
February 4, 2004
Andreana Goldsmith $3,177.84
Christopher A. Hall $500.00
April 7, 2004
Srikanth Kuppum $132.00
June 23, 2004
None
September 9, 2004
Delilah Kearney $2,000.00
November 22, 2004
None
February 3, 2005
None
April 13, 2005
Maria Castro $500.00
Madonna Wilbum $2,000.00
July 13, 2005
Mike Lee $700.00
September 15, 2005
Peter & Karen DeBlasi $157.77
December 7, 2005
DiSamo, Robin $198.31
Megan Geary $482.78
Jacqudine Bochniasz $1,300.00
TOTAL
$15,946.73
REFERRED TO THE COMMITTEE ON CLAIMS
NO 39
CREATION OF LIBRARY BOARD
ITEM #100, C.C.P. 10/04/05
I am in receipt of the above-referenced Common Council Communication. As per the request of your Honorable Body, I
am providing the following information regarding the creation of a Library Board
The Common Council may legally enact a local law amending the Charter of the City of Buffalo, and create an advisory
Library Board. The Board would only have advisory power over the Erie County Public Library Board and the decisions it
makes regarding libraries located in the City of Buffalo.
If the Common Council determines that it would be in the best interest of the City of Buffalo to create a Library Board, this
office would need details regarding the number of members, residency restrictions, duties, appointment powers etc.
concerning the Board members, and a full explanation of the charge of the Board to complete a draft of the local law.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 40
EXEMPTION FROM LIVING WAGE ORDINANCE - BRAND ON PRIOR COUNCIL REFERENCE:
ITEM #1, C.C.P. 11/29/05
I am in receipt of the above-referenced Common Council Communication. As per the request of your Honorable Body, I
am providing the following information regarding the request of the Mayor to exempt Brand On Company from the
requirements of the Living Wage Ordinance as outlined in Chapter 96-19 of the Buffalo Code.
Pursuant to Buffalo Code §96-19(H)(1)(b), the Mayor may request approval from the Common Council to exempt an
employer from the requirements as set forth under the Living Wage Ordinance. Specifically, an exemption may be granted
"where a covered employer is an organization who regularly employs individuals under the age of 21 in a summer youth
program, school-to-work program, or other related seasonal part-time work."
As stated in the Ordinance, the exemption would only apply to those employees under the age of 21 participating in one of
the above-referenced programs. The Common Council may hold a public hearing on the matter before approval of the
item if a majority of the Council votes for such a hearing. The Common Council also has the authority to approve or deny
the request partially or in its entirety.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 41
FAMILY WATCHDOG WEBSITE
ITEM #1, C.C.P. 11/29/05
I am in receipt of the above-referenced Common Council Communication. As per the request of your Honorable Body, I
am providing the following information regarding adding a link to the City of Buffalo website to the Family Watchdog
Website.
The City of Buffalo Management Information Systems Department may legally add a link to the Family Watchdog Website
on the City of Buffalo web page.
RECEIVED AND FILED
NO. 42
PROPOSED PARKING AGREEMENT
MODIFICATION FOR COMFORT SUITES/FORMERLY
KNOWN AS JOURNEY'S END HOTEL/DOWNTOWN BUFFALO
To promote the development of the 146 room Journey's End Hotel (now known as Comfort Suites) on Main Street in
Downtown Buffalo, BURA and the hotel developers (James and Patrick Cosentino's entities) entered into a Land
Disposition Agreement ("LDA") in 1989 (the LDA was also approved by the Common Council) and thereafter in 1992
BURA and the hotel developers entered into a very detailed 1992 Long Term Parking Agreement (the "1992 LTPA"). The
LDA and the 1992 LTPA recognized and accommodated hotel convenient parking as a primary concern. A major
inducement for the hotel developers to proceed with the hotel project was the assurance of long-term off-site but safe and
convenient adequate hotel parking. The hotel does not have significant on-site parking.
As was anticipated in the 1992 LTPA, over time the hotel parking was repeatedly relocated all as outlined in the attached
2003 letter from the developer's attorney. The troubled history of the parking arrangements and the multiple relocations of
the parking have proven to be difficult and very expensive from a lost opportunity to rent rooms standpoint for the hotel.
The parking needs of the hotel eventually were fully accommodated in the recently expanded Augspurger Ramp. The
1992 LTPA calls for a $40,000.00 per year rental payable to the City for the 125 parking spaces provided to the hotel
under the 1992 LTPA in the Augspurger Ramp. As explained in the attached 2003 letter from the developer's attorney and
as further addressed in the attached 1993 letter from former Commissioner of Community Development Samuel R. Iraci,
Jr., hotel parking in the Augspurger Ramp has proven to be expensive given the shuttle and valet needs associated with
making such hotel parking convenient and safe.
Submitted herewith is the hotel developer's proposed agreement for your consideration which attempts to clarify and
address the hotel developer's original intent as to parking and extends the outside expiration date of the 1992 LTPA from
2012 through 2032. The 1992 LTPA is also attached. The hotel developer wishes to now specifically provide for the hotel
developer's $40,000.00 annual parking space rental obligations payable to the City to be offset by the expenses
associated with the hotel's parking shuttle and valet service.
The City of Buffalo is party to the proposed agreement because the City of Buffalo is now the owner of the Augspurger
Ramp rather than BURA. BURA deeded the Augspurger Ramp to the City of Buffalo in 2003 as part of the ramp
expansion construction financing.
The City of Buffalo and all related entities would be released by the developer under the attached proposed agreement
from any potential liability/claims related to any purported failure to provide convenient hotel parking.
REFERRED TO THE COMMITTEE ON FINANCE AND THE BOARD OF PARKING
FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES
NO. 43
FOOD STORE LICENSE"
825 BROADWAY (FILLMORE)
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 825 Broadway 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
f-rod it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever
action you deem appropriate.
Mr. Coppola moved:
That the above communication from the Commissioner of Permit and Inspections Services dated December 7, 2005, be
received and filed; and
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 Taher Abdellatif, located at 825 Broadway.
PASSED
AYES - 9 NOES - 0
NO. 44
FOOD STORE LICENSE
1540 BROADWAY (FILLMORE)
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 1540 Broadway 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.
Mr. Coppola moved:
That the above communication from the Commissioner of Permit and Inspections Services dated December 2, 2005, be
received and filed; and
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 Daniel Shanahan, located at 1540 Broadway.
PASSED
AYES - 9 NOES - 0
NO. 45
FOOD STORE LICENSE
2458 DELAWARE (NORTH)
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 2458 Delaware 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.
Mr. Coppola moved:
That the above communication from the Commissioner of Permit and Inspections Services dated December 2, 2005, be
received and filed; and
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 Daniel Shanahan, located at 2458 Delaware.
PASSED
AYES - 9 NOES - 0
NO. 46
FOOD STORE LICENSE
782 ELMWOOD (DELAWARE)
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 782 Elmwood 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.
Mr. Coppola moved:
That the above communication from the Commissioner of Permit and Inspections Services dated December 2, 2005, be
received and filed; and
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 Daniel Shanahan, located at 782 Elmwood Avenue.
PASSED
AYES - 9 NOES - 0
NO. 47
FOOD STORE LICENSE
1538 FILLMORE (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 1538 Fillmore 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.
DENIED
NO. 48
FOOD STORE LICENSE
256 FOREST (NORTH)
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 256 Forest 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.
Mr. Coppola moved:
That the above communication from the Commissioner of Permit and Inspections Services dated December 2, 2005, be
received and filed; and
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 Daniel Shanahan, located at 256 Forest Avenue.
PASSED
AYES - 9 NOES - 0
NO. 49
FOOD STORE LICENSE
601 PROSPECT (NIAGARA)
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 601 Prospect 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.
Mr. Coppola moved:
That the above communication from the Commissioner of Permit and Inspections Services dated December 2, 2005, be
received and filed; and
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 Daniel Shanahan, located at 601 Prospect Avenue.
PASSED
AYES - 9 NOES - 0
NO. 50
REQUEST STATE LIQUOR AUTHORITY TO REVOKE LIQUOR LICENSES OF PROBLEM
DRINKING ESTABLISHMENTS WHOSE CITY LICENSES HAVE BEEN REVOKED FOR
ILLEGAL ACTIVITY
ITEM NO. 100, C.C.P. 11/15/2005
I am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the
following information. As your Honorable Body is aware, the Department of Permit and Inspection Services is the issuing
agency for the majority of Licenses in the City of Buffalo. Inspections take place at all restaurants and drinking
establishments to confirm legal "use" and occupancy". During the normal course of the initial issuance and renewal
referrals for inspection, reports are sent to the Department of Police, Department of Fire, Building Inspections, Zoning
Compliance and the Erie County Health Department. If a building is being used in an illegal manner such as music,
dancing without a license or use of space without proper permits and when complaints and concerns about an
establishments owner or manager ignoring the laws of how a business is run, The Department of Permit and Inspections
is empowered to hold a public hearing. It is not uncommon for the New York State Liquor Authority to send a
representative to observe these proceedings. I am unaware of any action taken by the New York State Liquor Authority
against operators of unruly establishments. As a result of the hearing process an establishment business license may be
revoked or not renewed. Problems of noise, rowdy behavior, loud music and other such obnoxious activity has to be
documented by the Department of Police to be considered evidence in a license hearing. If, after due process, a decision
is made to revoke or not renew a license for an establishment based on the hearing and the evidence presented, the
owner / operator is issued an "Order to Cease and Desist" all business activity and the New York State Liquor Authority is
informed as to the decision made. We do not receive any communications from the New York Liquor Authority of any
action taken by them in reference to the business subject to the hearing process. It is my sincere hope that this response
satisfies your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 51
SECOND HAND DEALER
472 GRANT ST (NIAGARA)
Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached
application for a Second Hand Dealer License located at 472 Grant St and find that as to form is correct. I have caused an
investigation into the premises for which said application for a second hand dealer license is being sought and according
to the attached reports from the Zoning Office, Fire Department and Building Inspections. I find it complies with all
regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of
Renee' Santiago. The attached thereto for Renee' Santiago d/b/a Flecha & Son Used Appliances. This request is
submitted for your approval or whatever action you deem appropriate.
Mr. Coppola moved:
That the above communication from the Commissioner of Permit and Inspections Services dated December 1, 2005 be
received and filed; and
That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspections Services be, and he hereby is
authorized to grant a Second Hand Dealer license to Renee' Santiago d/b/a Flecha & Son Use Appliance located at 472
Grant Street.
PASSED
AYES - 9 NOES - 0
NO. 52
SECOND HAND DEALER
2070 SENECA (SOUTH)
Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached
application for a Second Hand Dealer License located at 2070 Seneca and find that as to form is correct. I have caused
an investigation into the premises for which said application for a second hand dealer license is being sought and
according to the attached reports from the Zoning Office, Fire Department and Building Inspections. I f'md it complies with
all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral
character of Mark Courtney. The attached thereto for Mark Courtney d/b/a We Sell Returns. This request is submitted for
your approval or whatever action you deem appropriate.
Mr. Coppola moved:
That the above communication from the Commissioner of Permit and Inspections Services dated November 30, 2005 be
received and filed; and
That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspections Services be, and he hereby is
authorized to grant a Second Hand Dealer license to Mark Courtney d/b/a We Sell Returns located at 2070 Seneca
Street.
PASSED
AYES - 9 NOES - 0
NO. 53
SCRAP PROCESSOR
993-999 CLINTON (FILLMORE)
Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Scrap Processor Dealer License located at 993-999 Clinton and find that as to form is correct. I have
caused an investigation into the premises for which said application for a Scrap Processor Dealer License is being sought
and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies
with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral
character of Linda Zulik. The attached thereto for Linda Zulik d/b/a JLV Enterprises, LLC. This request is submitted for
your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 54
USED CAR DEALER
993-999 CLINTON (FILLMORE)
Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Used Car Dealer License located at 993-999 Clinton and find that as to form is correct. I have caused an
investigation into the premises for which said application for a used car dealer license is being sought and according to
the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all
regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of
Linda Zulik. The attached thereto for Linda Zulik. d/b/a JLV Enterprises LLC. This request is submitted for your approval
or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 55
WHOLESALE JUNK DEALER
993-999 CLINTON (FILLMORE)
Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Wholesale Junk Dealer License located at 993-999 Clinton and find that as to form is correct. I have
caused an investigation into the premises for which said application for a Wholesale Junk Dealer License is being sought
and according to the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies
with all regulations and other applicable laws. I have caused an investigation by the Police Department into the moral
character of Linda Zulik. The attached thereto for Linda Zulik d/b/a JLV Enterprises, LLC. This request is submitted for
your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE CITY CLERK
NO. 56
MINUTES OF THE BOARD OF ETHICS
Attached please find the minutes of the May 17, 2005 & September 20, 2005 Board of Ethics meetings.
RECEIVED AND FILED.
NO. 57
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
307 Louisiana St. The Buffalo Bar & Grille John W. Hofmann Jr.
RECEIVED AND FILED.
NO. 58
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:
Police-Jeffrey Tucker
RECEIVED AND FILED.
NO. 59
APPOINTMENTS-TEMPORARY, PROVISIONAL OR PERMANENT
I transmit herewith Appointments in the various departments made and the Minimum (Temporary, Provisional or
Permanent) (as per contract requirements).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF COMMUNITY SERVICES
Appointment effective December 5, 2005 in the Department of Community Services-Youth, to the position of Assistant
Coordinator of Youth Programs, permanent appointment at the minimum starting salary of $28,449.
Nina M. Littlejohn 492 Adams Street Buffalo, NY 14212
DEPARTMENT OF POLICE
Appointment effective December 19, 2004 in the Department of Police, to the position of School Crossing Guard,
Permanent, at the minimum starting salary of $7.09/hr.
Dana Sciolino 101 Dorchester Rd. Buffalo, NY 14213
DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS
Appointment Effective November 28, 2005 in the Department of Public Works, Parks and Streets, Division of Water, to the
position of Caulker, Permanent, Non-Competitive, at the minimum starting salary of $32,392.
Brian Yost 3 Tennessee St. Buffalo, NY 14204
Appointment Effective November 15, 2005 in the Department of Public Works, Parks and Streets, Division of Buildings, to
the position of Laborer II, Permanent, Non-Competitive, at the minimum starting salary of $24,420.
Jeremiah Adamczyk 98 Putnam Street Buffalo, NY 14213
Appointment Effective December 5, 2005 in the Department of Public Works, Parks and Streets, Division of Streets, to the
position of Street Worker, Temporary, at the minimum starting salary of $26,779.
Joseph Slomba 38 Sibley St. Lower RearBuffalo, NY 14220
Appointment Effective December 2, 2005 in the Department of Public Works, Parks and Streets, Division of Streets, to the
position of Truck Driver, Temporary, at the minimum starting salary of $27,646.
Robert Mazuca 54 S. Pierce Street Buffalo, NY 14206
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
No. 60
B. WOODS REQUEST SEATON BICYLCLE/
PEDISTRAIN ADVISORY COMMISSION
I am writing this letter to you today to express my interest in serving on the proposed bicycle / pedestrian advisory
committee.
I am an avid bicyclist and pedestrian and have been a city homeowner for 14 years. I have a lot of ideas for making the
city more friendly for bicycling and walking and would love to help the city solve some of the issues facing everyone who
uses city streets and sidewalks.
Thank you for your consideration in this matter.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 61
NYSDOT
SKYWAY
The New York State Department of Transportation (NYSDOT) has received numerous letters and resolutions expressing
concern that the Buffalo Skyway (Skyway) is an impediment to waterfront development. In order to properly respond to
these concerns and to supplement our transportation planning for the City of Buffalo, I have directed NYSDOT's Western
NY Regional Office to retain an engineering consulting firm for the purpose of studying feasible alternatives to this high
level structure.
This is a complicated matter. The Skyway carries more than 40,000 vehicles per day across the Buffalo River along an
important corridor that connects the Southtowns and Outer Harbor area with downtown Buffalo, the U.S./Canadian border,
and the Interstate highway system. Any decision regarding the disposition of the Skyway can only be made after a
thorough study of how altering or replacing it would affect mobility, travel patterns, waterfront development, and the
available financial resources from the local and statewide transportation program and from federal sources.
In short, I agree with you that we need to explore potential alternatives. However, it would be premature to begin an
Environmental Impact Study before commissioning a preliminary study that clearly identifies the problems, establishes
overall project objectives, and identifies a range of feasible alternatives. Our immediate objective will be the completion of
such a balanced and independent study. We will resolve any misconceptions and discrepancies associated with this
structure, including its accident history, actual and relative maintenance costs, traffic impacts, effect on development
opportunities, and the estimated costs of any suggested alternatives. We will work closely with elected officials, interested
community groups, and the traveling public as we develop, execute, and report the findings of a Preliminary Skyway
Study.
Please feel free to call Gary Gottlieb, NYSDOT's Regional Planning and Program Manager, if you would like to discuss
this matter further. Gary can be reached at (716) 847-3241.
RECEIVED AND FILED
NO. 62
Empire Zone Shift Resolution
We are a small company currently employing five full-time employees and one part-time employee. The owner of our
building sold it and requires us to move by the end of November 2005. We have located suitable space in an Empire Zone
located at 2205 Kenmore Avenue, Suite 102, Tonawanda, NY 14207. We just learned that we require a shift resolution
from the City of Buffalo to be eligible for Empire Zone benefits.
PBCo LLC is a merchant selling dry bulk materials to cement companies located along the Eastern Seaboard, Flodda,
and Gulf Region of the US. We currently have no customers in WNY. We have significantly downsized over the past few
years as we struggle to maintain our business in Western New York. We are hopeful that the benefits afforded us by the
Empire Zone will enable us to grow in the future.
Thank you in advance for your kind assistance in this matter. Please feel free to contact me if you require additional
www.pbcoinc.com
information. You may also find more information about our company at .
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 63
BOARD PACKET DOCUMENTS
Attached are the following documents from the Joint Schools Construction Board Meeting on November 7, 2005:
1. Draft Agenda
2. Meeting Minutes from JSCB Meeting dated October 4, 2005
3. Fully executed Phase II Application and Certificate for Payment No. 12 -September 2005
4. Phase II Application and Certificate for Payment No. 13 October 2005
5. Phase II Procurement Schedule dated October 4, 2005
6. PS #82 - Bennett High School Bid Evaluations
7. Phase II LPCiminelli Team Directory
8. LPCiminelli Plan Holders List Instructions
9. 2006 JSCB Meeting Schedule
10. Ratification of Resolution of the Joint Schools Construction Board
11. Bevlar & Associates Inc. Construction Contract Monitoring and Compliance Services Monthly Report for Addendum 1
Phase II Project September 2005
RECEIVED AND FILED
NO.64
nd
Request for Demolition (2request)
109 Genesee Street
At its meeting on December 1, 2005, the Buffalo Preservation Board Received & Filed the request from the Department of
nd
Permit & Inspection Services to demolish the properties at the above captioned address. This is the 2request (see-
attached letter of May 16, 2005).
If you have any questions or concerns, you may contact Thomas W. Marchese, Executive Secretary, at 851-5029.
Willard Genrich, Jr., on behalf of Nortbem Lights Development, petitioned the Buffalo Preservation Board for permission to
~ th
demolish a group of properties known as 109 Genesce Street. These are late 19and early 20century commercial
structures generally three and four stories in height that abut one another to form a contiguous block from the midpoint to
the easterly end. The buildings to the west consist of the Wemer Photographic Studio, which was owned by the petitioner,
a tavern and two buildings under active development. The buildings have been vacant for about 20 years. The petitioner
believes they have been properly mothballed.
Mr. Genrich is seeking the Boards approval for demolition so that he might secure financing for parking that will serve his
proposed restaurant and the art and antiques gallery he proposes to insert into the Wemer Photographic Studio. He
presented photographs of the existing structures and a proposed site plan of the parking lot. Mr. Genrich explained his
development although there were no exhibits describing the proposed restaurant or any work on the Wemer Studio. Mr.
Genrich was less than forthcoming with. any details concerning proposed construction.
The Chair opened the floor to those present that had an interest either for or against the proposed project. There were
eight speakers opposed to the demolition and none in favor. Those in opposition spoke of the importance of the
architectural character of the entire block; the ample parking thatalready exists; the importance of density to urban
centers, for instance, of entertainment venues; the successes of downtown venues that do not have adjacent parking and
how the proposal at hand flies in the face of the Queen City Hub Plan.
Given the proposal, the testimony presented and the facts at hand, the Buffalo Preservation Board at its meeting on May
12, 2005, recommended that the properties at 109 Genesee Street not be demolished for the following reasons:
th
• This block is an important 19century streets space for the city to preserve in its entirety;
* There are multiple examples of successful city restaurants without parking, examples include
The Pearl Street Brew Pub, Fiddieheads, and Vincent's Just Pasta;
• Building density is what distinguishes a city from a suburban setting. That density is what makes the
entertainment venues along Chippewa Street so successful. It is critical to the future success of Genesee
Street to maintain an urban density;
• The Buffalo Preservation Board supports the conclusions of The American Institute of Architects Regional
Urban Redevelopment Action Team report that says, in effect, this is the block where downtown
redevelopment should center. That end is defeated with the proposed demolition. The Board supports the
redevelopment that is taking place at 85-91 Genesee Street and feels strongly that those positive efforts
will be strongly undermined by the proposed demolition;
• The Buffalo Preservation Board is swayed by the arguments of Steven Siegel, a professor of Hotel and
Restaurant Management at Niagara University. He argues that restaurants cluster to promote their
convenience and that parking has very little to do with why people come to a particular venue. People will
go to the district and then decide which restaurant to visit. He also points out that restaurants have an 80%
failure rate during their first five years of existence. Furthermore, he points out that people seek out a
restaurant because it has quality food and service; parking is generally a non-issue;
• The Buffalo Preservation Board concurs with architectural historian Martin Wachaolo in that the block has
significant historical and architectural merit and should not be demolished in whole or in part;
• Most importantly, the Buffalo Preservation Board believes there is an opportunity in the block to both
preserve an important link with our past and to re-develop these buildings in a manner that is sensitive to
what's happening downtown with housing, with developments like those on Chippewa Street, and that at
the same time making a lively entranceway into downtown.
The structures located at 109 Genesee Street are not located within an historic district nor are they a locally designated
landmark; therefore, the Buffalo Preservation Board can only issue a non-binding recommendation.
If you have any questions or concerns, you may contact Thomas W. Marchese, Executive Secretary, at 851-5029.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 65
D255503 CPIN 5512.48.321.301
PREVENTIVE MAINTENANCE ON KENSINGTON EXPWY
(RTE 33) FROM 198 (SCAJAQUADA EXPWY) TO GENESEE ST
CITY OF BUFFALO & TOWN OF CHEEKTOWAGA
ERIE COUNTY
This is to advise you that the completed work on the above-noted contract was officially accepted by the New York State
Department of Transportation on November 18, 2005.
As per the Project Proposal for D255503, Page 174:
After acceptance of this contract, the State will resume maintenance of the highway. All intersecting roads, highways, or
streets not on the State highway system shall be maintained by the agency or local unit of government having jurisdiction
beyond the outside edge of shoulder, curb line, or back of ditch of the State highway across the intersection.
This letter serves as a courtesy to notify you that the contractor for this project, Holmes & Murphy, Inc., is no longer
directly involved in roadway maintenance.
RECEIVED AND FILED
NO. 66
Re: 537 E. Delavan Avenue
In response to Resolution No. 124, entitled Request for Assistance from the Environmental Protection Agency in
Demolishing and Remediating 537 E. Delavan Ave
advise you of the following:
Cases brought by the City concerning 537 East Delavan have presented Housing Court with a particularly difficult
challenges. The enormity and obsolescence of the structure have made it unsuitable for rehabilitation and an expensive
prospect for demolition.
Currently, there are four open Housing Court cases involving 537 East Delavan all were brought to court between
September 2003 and November 2004. Prior to my tenure in Housing Court, there had been four cases brought between
1997 and 2000, for which conditional discharges were granted.
The two most recent cases involving 537 East Delavan involve Canadian corporations: 121123 Ontario Inc. (docket
#1845/04) and A&P Holdings (docket #1844/04). A&P Holdings and 121123 Ontario, Inc. each were fined $27,000.00 on
December 14, 2004; no payment has
been made as of this date. Both cases were adjourned in June 2005, pending the preparation and submission of affidavits
in support of demolition by corporation counsel/inspector. After these
affidavits are completed the Court may consider issuing an order for demolition.
The individual defendant, Mario Pugliese (Docket # 1008/03 and # 1846/04) has two bench warrants outstanding, issued
in March and December, 2004.
Both corporate defendants and Pugliese are located in Canada, outside the jurisdiction of the Court. This has made
service of warrants and enforcement of fines more difficult.
Furthermore, title problems have contributed to the undesirability of the parcel. Tax liens for 537 East Delavan, in the
amount of $73,935.48, had been sold by the City of Buffalo to MBBA in the 2003 portfolio assignment. MBBA has been
unable to collect on this debt and current city taxes continue to accrue. Moreover, due to the assignment of the previous
years' tax arrears, the City of Buffalo had been barred from including the parcel in the annual auction, thus
in rem
contributing to the continued decay of the property and the surrounding area. If current negotiations are successful, this
parcel would be included (with the remainder of the portfolio) in the 2006 auction.
in rem
I have personally inspected this property and issued several Orders to Vacate while these cases have been pending. I
continue to await the City's affidavits in support of its request for a Demolition Order. If the City has any further requests
regarding this property, they may be made at any time.
REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF PERMITS AND INSPECTIONS
NO. 67
DESIGNATION OF RESTRICTED HIGHWAY ROUTE 198
Pursuant to Section 104a of the Highway Law the following described highway:
New York Route 198 from the 1-190 interchange to the Grant Street interchange, including all adjoining ramps. 1-
190 from one mile south to two miles north of New York Route 198 including all adjoining ramps. Niagara Street
from Bird to Ontario. All in the City of Buffalo, Erie County
which is being reconstructed under Contract No. D259737 is hereby designated as a Restricted Highway. Designation of
restricted highway shall expire on May 25, 2007.
Pursuant to Section 1625 of the Vehicle and Traffic Law all movement of vehicles, persons or animals on such highway is
hereby restricted and regulated in accordance with the determination of the Commissioner of Transportation as evidenced
by posted signs, signals or barriers placed along said highway and/or by directions by an authorized representative of the
Commissioner of Transportation.
Any action taken by the Commissioner of Transportation pursuant to Section 1625 of the Vehicle and Traffic Law shall
supersede any other provisions of the Vehicle and Traffic Law where inconsistent or in conflict with respect to the
following enumerated subjects:
1. Establishment of maximum and minimum speed limits at which vehicles may proceed along any such
restricted highway.
2. Weights and dimensions of vehicles.
3. Use of such restricted highway by pedestrians, equestrians, and animals.
4. Parking, standing, stopping and backing of vehicles.
5. Control of persons and equipment engaged in work on such highway.
The provisions of the Vehicle and Traffic Law with respect to registration shall not apply to vehicles and
equipment engaged in work on such restricted highways.
When used on such restricted highways, all traffic control devices shall be considered as official traffic control devices and
shall conform to the manual and specifications for a uniform system of traffic control devices adopted by the Department
of Transportation.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND
STREETS
NO. 68
Re: Request for Roof Repair at Main & Mercer Fire Station
My office is in receipt of numerous complaints in regards to the much needed roof repair work for the original structure at
the Main & Mercer Fire Station, located at 2837 Main Street.
A powerful snowfall can lead to additional and more expensive future repairs. Currently, the rooftop requires repair, as to
prevent future leaking into the new, multi-million dollar expansion for an additional fire engine bay.
I would like to respectfully request your assistance in repairing the above item. If I can be of any further assistance, please
contact my office at (716) 851-5145.
REFERRED TO THE COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS AND THE COMMISSIONER OF
FIRE
NO. 69
De-Icer/Melting Agent Information
The City and County of Denver uses 2 different anti-icing chemicals in their snow removal program. One is a granular
product called Ice Slicer. It is a natural product mined out of Redmond, Utah. This product is very effective at melting ice
and snow at relatively low temperatures. (In Denver, as soon as the sun comes out the ice and snow begins to melt.) This
product leaves little to no residual material on the streets once melt off has occurred.
The other chemical we use is a liquid deicer called Caliber MI000. This is
a magnesium chloride based product with the corrosion inhibitors added.
This product, when applied properly, forms a barrier between the roadway and
moisture, preventing ice from forming.
Regarding your specific questions: These products have been cost effective for the City and County of Denver. While the
product is more costly, you use less material that the salt and sand that the previously used. Because the solid
city
material leaves little residual, there is also significantly less expense regarding cleanup.
Denver originally was using the liquid de-icer in the downtown area only, we went to citywide liquid de-icers in 2002-2003.
The Ice Slicer was test piloted in 1998 1999, 1999-2000 and we went citywide in 2000-2001.
The only retrofitting that was performed was to recalibrate our spreaders. (We use approximately 200 Ibs/lane mile of Ice
Slicer vs. 1500 Ibs/lane mile of salt and sand.)
There are numerous environmental plusses to using the materials we use now versus salt/sand. I have already mentioned
the savings on clean up. Switching to these materials has also helped Denver to comply with Federal Air and Water
Quality Standards. The salt/sand would get into our storm drains and contribute to water pollution and would also create
PMI0 particulate, which contribute to air pollution.
The chemicals referred to above work very well. Keep in mind that Denver is in a very arid state, and that the sun comes
out and our temperatures are in the mid 40's usually immediately following a storm. As I mentioned earlier, as soon as the
sun hits areas that have been treated with Ice Slicer, there is immediate melt. I can say, however, that there is a definite
difference between areas that are treated versus untreated (Snow routes versus residential), so that also lets us know the
products work.
Also, Dan Roberts, Acting Director of Street Maintenance will be in Toronto on Thursday, January 29th speak at a
to
Snow and Ice Conference. He is flying out of Buffalo. If you would like to speak to him personally, he has
indicated he would be available that day between 1 pm and 2:30 pm.
phone number is (720) 865-6858 and his e-mail address is:
dan.roberts@ci.denver.co.us
REFERRED TO THE COMMITTEE ON FINANCE, COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS AND
THE DIRECTOR OF PURCHASING
NO. 70
NOTICE OF ADJOURNMENT OF SECTION 341 MEETING OF CREDITORS
PLEASE TAKE NOTICE that the meeting of creditors of the debtors and debtors in possession in the above-captioned
l
cases (the "Debtors")pursuant to section 341 of title 11 of the United States Code, scheduled for December 14, 2005 at
2:00 p.m. at the Office of the United States Trustee for the Southern District of New York, located at 80 Broad Street,
Second Floor, New York, New York 10004, has been adjourned to February 22, 2006 at 2:00 p.m. at the same location.
RECEIVED AND FILED
NO. 71
Re: Request to Install a Stop Sign on Wyoming Avenue at Litehfield Avenue
On behalf of the Masten District Council Office, the Wyoming Avenue Block Clubs, and all respective residents, I would
like to respectfully request your assistance in installing a stop sign at the intersection of Wyoming Avenue and Litchfield
Avenue.
Currently, a stop sign exists on Litchfield, but not on Wyoming. Motorists have been witnessed speeding down Wyoming,
primarily between Sussex Avenue and East Delavan Avenue, due to the lack of a stop sign. This would create a
dangerous traffic scenario if motorists on Litchfield pulled into traffic on Wyoming, assuming that there was stop sign. With
respect to motorists and residents, especially children and the elderly, I would appreciate your assistance with erecting a
stop sign to maintain public safety.
Attached is a list of resident petition signatures that are in favor installing a stop sign on
Wyoming Avenue. If my office can be of any further assistance, please contact (716) 851-5145.
REFERRED TO THE COMMITTEE ON LEGISLATION AND COMMISSIONER OF PUBLIC WORKS, PARKS AND
STREETS
Regular Committees
(Jeffrey M. Conrad, Chairman)
NO. 72
Personal Injury
That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged
negligence on the part of the City of Buffalo, be compromised and settled:
A. 1. Vernon Fryer vs. City of Buffalo $ 6,500.00
A. 2. Antoinette Moore as Administratrion of the Estate of WilIie
Moore vs. City of Buffalo and Harrell Bonnet $ 55,000.00
A. 3. Harrell J. Bonner vs. City of Buffalo and Cedric
Little john $287,500.00
A. 4. Belinda Robertson vs. City of Buffalo $ 5,000.00
A. 5. Betty Rodriguez vs. City of Buffalo $ 16,000.00
A. 6. Nancy Wilson vs. City of Buffalo Department of Streets
Sanitation and Cannon Design $ 2,500.00
That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims
Prior Years, or (480204) Current Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any,
herein above named, in the amounts set opposite their names and delivered to them upon execution and delivery to the
Corporation Counsel of proper releases and closing papers.
PASSED
AYES - 9 NOES - 0
NO. 73
Property Damage
That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged
negligence on the part of the City of Buffalo, be compromised and settled:
B. 1. Cain, Vivian, 524 Sherman Street, 14211
This is for Claimant's insurance deductible, which was applied in reimbursement for damages sustained to her front porch,
steps and railing at 524 Sherman Street. $250.00
B. 2. Culverhouse, Ruby, 138 Colorado Avenue 14211
Claimant lost $1.00 at the parking meter on South Elmwood. $1.00
B. 3. Cruz, Jennifer A., 4 Parkview, Lackawanna 14218
This is for reimbursement of a 1998 Pontiac Bonneville, which was crushed on 9-29-05 when a large City owned tree fell
on it at 4 Parkview Avenue. $3,300.00
B. 4. Deal, James F., 46 Essex Street, 14213
This is for damage to the new siding at 46 Essex Street, which occurred on 8-31-05. A large City owned tree in front of 42
Essex Street fell on the house. $1,223.23
B. 5. DiSarno, Robin, 62 Regent Street, 14206
This is for reimbursement of a passenger's side window which was broken last June at the Dart Street Garage while the
car was in the care, custody and control of the City. $198.31
B. 6. Dorsey, Patrick, 1326 Harlem Road, Cheektowaga 14206
This is for reimbursement of a tire, which was ruined on 9-24-05 in front of 5 Coolidge Road. $74.23
B. 7. Eaton, Clarke E., Jr., 242 Blaine Avenue, 14208
This is for reimbursement of a tire mined on 9-19-05 in front of 25 Blaine Ave. $110.70
B. 8. Flanagan, Kevin, 80 Harding Road, 14220
This is for reimbursement of a tire, which was mined on 8-6-05 in front of 84 Harding Road. $63.90
B. 9. Geary, Megan, 40 Turner Avenue, 14220
This is for reimbursement of a windshield and back window of a 1998 Dodge which was broken into at the Dart Street
Garage. $482.78
B. 10. Goss, Patricia, 528 East Amherst Street, 14215
This is for reimbursement of a tire mined on 6-7-05 on East Amherst Street. $146.34
B. 11. Guzman, Francisco, 259 Abby Street 14220
This is for replacement of the garage slab, driveway and patching to the front and side porches which appear to have
been damaged as the remediation work performed in the Hickory Woods area a few years ago. $7,249.00
B. 12. Helmer, Kelli, 80 Delray Avenue, W. Seneca, 14224
This is for damages to a 2003 Ford Mustang that occurred on 7-26-05 at 39 Shenandoah Street.
$1,765.99
B. 13. Hill, Brigette, 60 Blum 14216
This is for damage to a 1995 Olds Cutlass Supreme, which occurred on 9-26-05 in front of 235 Maple Street.
$3,086.89
B. 14. Horan, Matthew, 120 Coolidge 14220
This is a claim for reimbursement of a tire, which was mined on 8-20-05 in front of 12 Coolidge Road. $77.88
B. 15. Inglut, Stanley, 162 Cushing Place, 14220
This is for reimbursement of a tire that was ruined on 8-28-05 in front of 98 Coolidge Road. $124.08
B. 16. Miller, Frank, 66 Johnson Street, 14212
This is a claim for reimbursement of a gutter at 72 Johnson Street damaged as a result of a large tree at 72 Johnson
Street, which is a City owned lot. $355.00
B. 17. O'Neil, Joseph R., 128 Tuscarora Road, 14220
This is for damages to a large bay window and shutters, which were broken on 7-26-05 at 128 Tuscarora Road.
$812.60
B. 18. Pettigrew, Gwendolyn A., 263 Abby Street, 14220
This is a claim for replacement of the driveway at 259 Abby Street that appears to have been damaged as a result of the
remediation work performed in the Hickory Woods area a few years ago. $4,950.00
B. 19. Quarles, William, 38 Hickory Street, 14204
This is a claim for damages to a roof, siding and gutters, which occurred on November 6, 2005 at 380 Hickory Street.
$1,300.00
B. 20. Schnlz, Shawn, 255 Saranac Avenue, 14216
This is a claim for damages to a 1990 Lumina Van which occurred on September 29,2005 in front of 263 Saranac
Avenue. $1,960.41
B. 21. Stroud, Clair T., 494 Wilson Street, 14212
This is a claim for damages to a garage roof, which was sustained over the past few years.
$900.00
That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current
Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the
amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of
proper releases where such releases are indicated.
PASSED
AYES - 9 NOES - 0
MR. FONTANA VOTED IN THE NEGATIVE ON ITEM B-20 ONLY
NO. 74
Miscellaneous Invoices
That, upon the recommendation of the Corporation Counsel, the following actions for personal injury arising out of alleged
negligence on the part of the City of Buffalo, be compromised and settled:
C.1. ABG Associates Inc., P.O. Box 0119, Marilla, NY 14102
This is a claim for payment of a two (2) prior year invoices owing to the claimant, ABG Associates; one in the amount of
$547.60 and $521.45. $1,069.05
C.2. Business Automation Services, Inc., 636 Plank Road, Suite 207, Clifton Park, NY 12065
This is a claim for prior fiscal year Invoice No. April 05-99 for services rendered to the City Clerk's Office. $270.00
C.3. Comtel (integrated Voice Data), 750 Ensminger, Suite 100, Tonawanda 14150
This is a claim for payment of prior fiscal year Invoices Nos. 44095 ($99); 39951 ($1,233.300); 42711 ($243.75) and
44673 ($188) owing to Comtel. $1,566.05
C.4. Comtel (Integrated Voice Data), 750 Ensminger, Suite 100, Tonawanda 14150
This is a claim for payment of prior fiscal year Invoice No. 52919 for services rendered to the City Clerk' s Office.
$127.50
C.5. Comtel (Integrated Voice Data), 750 Ensminger, Suite 100, Tonawanda 14150
This is a claim for payment of prior fiscal year Invoice Nos. 49180 and 50209 for services rendered to the Department of
Management Information Systems. $724.50
C.6. Jaeckle, Fleischmann & Mugel, 12 Fountain Plaza 14202
This is a claim for services rendered to the Human Resources Department for payment of Invoice No. 120026 for the
handling of the 2004 Firefighter Interest Arbitration matter. $9,923.55
That checks be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current
Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the
amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of
proper releases where such releases are indicated.
Passed
SYES - 9 NOES - 0
NO. 75
MISCELLANEOUS REIMBURSEMENT
D.1. Jacqueline Bochniasz, 268 Travers Blvd., Amherst 14228
This is a claim for reimbursement of personal items stolen from claimant's vehicle last June while vehicle was in the care,
custody and control f the city at the Dart Street Garage. $1,300.00
D.2. Renita Cooper, 138 Seymour Street, 14210
This is a claim for reimbursement of a garbage can discarded by City Sanitation workers on August 1, 2005 at 138
Seymour Street. $17.99
D. 3. Lease Daniels, 26 Laurel Street, 14209
This is a claim for damages to a 1999 Girard Marquis as a result of it being towed by the city on August 11, 2005.
$877.47
D. 4. Shaun M. Hughes, 517 Crescent Avenue, 14214
This is a claim for reimbursement of the towing and storage costs of a vehicle, which was impounded on June 28, 2005.
$115.00
D. 5. Pavel Tsygyrlash, 57 Wyandotte Avenue, 14207
This is a claim for reimbursement of the cost of buying a car from the city auction and expenses involved with the vehicle.
$4,515.13
That a check be drawn on the account of Org 17221008 (480205) Judgment and Claims Prior Years, or (480204) Current
Fiscal Year, payable to the respective claimants or plaintiffs and their attorneys, if any, herein above named, in the
amounts set opposite their names and delivered to them upon execution and delivery to the Corporation Counsel of
proper release where such release is indicated.
PASSED
AYES - 9 NOES - 0
****Messers Bonifacio and Golombek voted in the negative on D-1 only.
NO. 76
REPORT TO THE CLAIMS COMMITTEE
E. 1. Kathleen H. Butler, 41 Race Street, 14207 Denied
E. 2. Cybulski, Michael, 78 Bogardus, 14220 Denied
ADOPTED
****Messers Fontana and Franczyk voted in the negative on E-2 only
CIVIL SERVICE
(BONNIE E. RUSSELL, CHAIRPERSON)
NO. 77
APPOINTMENT
ADMINISTRATIVE ASSISTANT (INTER) (PW)
(ITEM NO. 27-NOV. 29, 2005)
That Communication 27, November 29, 2005 be received and filed and the permanent promotion of Karen Harding
stated above at the intermediate starting salary of $34,796 effective on November 18, 2005 is hereby approved.
PASSED
AYES - 9 NOES - 0
NO. 78
NOTICES OF APPOINTMENTS-TEMP./PROV./PERM. (C. CLK.)
(#51, 11/29)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 79
BUDGET AND PERSONNEL AMENDMENT 03 - EXECUTIVE DEPARTMENT 1501 – MAYOR
(ITEM NO. 114, C.C.P., NOV. 29, 2005)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Russell moved:
That the Budget and Personnel Amendment as contained in item No. 114, C.C.P., November 29, 2005 be and the same
hereby is approved.
PASSED
AYES - 9 NOES - 0
NO. 80
APPOINTMENT
EXTERMINATOR (MAX) (PW)
(ITEM NO. 19-NOV. 1, 2005)
That Communication 19, November 1, 2005 be received and filed and the provisional appointment of David Petruzzi
stated above at the maximum starting salary of $29,604 effective on October 3, 2005 is hereby approved.
PASSED
AYES - 9 NOES - 0
NO. 81
PUBLIC HEARINGS-AMENDING TEXT & APPENDICES-CIVIL SERVICE RULES FOR COB CLASSIFIED SERVICE
(HR) (#37, 10/4)
That the above item be and the same hereby is received and filed.
ADOPTED
FINANCE
(BRIAN C. DAVIS, CHAIRMAN)
NO. 82
PARKS REVIEW UNDER INTERMUNICIPAL COOP.AGMT. FOR OPER. MGMT. & IMPROV. OF COB PARKLANDS
(COMPT)
(#4, 11/15)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 83
REQUEST REPAIRS TO 385 PADEREWSKI & 129 LEWIS
(ITEM NO. 48, C.C.P., NOV. 15, 2005)
That the Common Council directs the Department of Public Works, Parks and Streets to make the necessary repairs to
the Polonia Hall located at 385 Paderewski Drive and the T. J. Dulski Community Center located at 129 Lewis Street.
ADOPTED
NO. 84
D. FRANCZYK-M. WESOLOWSKI-REQ. REPAIRS TO385 PADEREWSKI & 129 LEWIS (PW)
(#24, 11/29)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 85
MIS REV. GEN. INITIATIVES-DETAILS & PLAN OUTLINE FOR WIFI INFRASTRUCTURE FOR CITY (MIS)
(#7, 10/4)
That the above item be and the same hereby is received and flied.
ADOPTED.
NO. 86
REV. GEN. INITIATIVES-DETAILS & PLAN OUTLINE FOR PHONE SYSTEM REPLACEMENT-SAVE ANNUAL OPER.
COST (MIS)
(#32, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 87
REV. GEN. INITIATIVES-IMPLEMENTING DOCULEX SOFTWARE IN ALL CITY DEPTS. (MIS)
(#33, 9/6)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 88
RE-USE OF COB CLOSED LIBRARIES (LAW)
(#37, 11/29)
That the above item be and the same hereby is received and filed.
ADOPTED.
LEGISLATION
(RICHARD A. FONTANA, CHAIRMAN)
NO. 89
L. MCCLIVE, PETITION TO USE 1200 NIAGARA STREET - GROUND SIGN
(ITEM NO. 68, C.C.P., NOV. 29, 2005)
That the petition of L. McClive, agent, for permission to use 1200 Niagara Street for a 3' x 9' long ground sign to the front
of the lot be, and hereby is approved.
PASSED
AYES - 9 NOES - 0
NO. 90
D. MAVIS, PETITION TO USE 2290 DELAWARE AVENUE - GROUND SIGN
(ITEM NO. 69, C.C.P., NOV. 29, 2005)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Fontana moved:
That the petition of D. Mavis, agent, for permission to use 2290 Delaware Avenue for a 5' by 10' by 10' high ground sign to
the front of a lot be, and hereby is approved.
PASSED
AYES - 9 NOES - 0
NO. 91
M. COPPOLA-J. TOCKE-BICYCLE/PEDESTRIAN ADVISORY BOARD
(#56, 11/29)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 92
APPOINTMENT MEMBER TO THE BUFFALO PRESERVATION BOARD
(ITEM NO. 2, C.C.P., NOV. 29, 2005)
That the appointment of Barry A. Muskat, residing at 176 Rivermist Drive, as a member of the Buffalo Preservation Board
for a term commencing immediately and expiring August 31, 2008 be, and hereby is approved.
PASSED
AYES - 9 NOES - 0
NO. 93
C. WALLACE-WILTEL-REQ. TO RENEW OR ENTER INTO NEW AGREE.-FIBER OPTIC FACILITY (PW)
(#25, 11/29)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 94
VEHICLE PKG. ON JEFFERSON AVE.-MAIN ST. TO DELAVAN AVE. (PW)
(#26, 11/29)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 95
CITE GAS STATIONS & FOOD STORES FOR NOISE VIOLATIONS (LAW)
(#32, 11/29)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 96
R. BOMBARDIERE-OPP. RES.-CITE GAS STATIONS/FOOD STORES FOR NOISE VIOLATIONS
(#53, 11/29)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 97
TRANSFER OF DIVISION OF FORESTRY (LAW)
(#38, 11/29)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 98
FOOD STORE LICENSE - 3428 BAILEY AVENUE
(ITEM NO. 39, 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 Daniel Shanahan, located at 3428 Bailey.
PASSED
AYES - 9 NOES - 0
NO. 99
FOOD STORE LICENSE - 976 KENSINGTON AVENUE
(ITEM NO. 40, C.C.P., NOV. 29, 2005)
That the Commissioner of Permit and Inspections Services be, and he hereby is authorized to deny a Food Store License
to Abdulhamid Abdullah.
ADOPTED
NO. 100
BROADWAY MARKET - D. DALE - CERT. OF INCORPORATION/AMENDMENT/BY LAWS
(ITEM NO. 47, C.C.P., NOV. 15, 2005) (ITEM NO. 90, C.C.P., NOV. 29, 2005)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Fontana moved:
That the Common Council be, and they hereby are authorized to amend the Broadway Market Management Corporations'
Certificate of Incorporation as contained in Item No. 47, C.C.P., November 15, 2005.
See Attachment
APPROVE BROADWAY MARKET BY -LAWS WITH FOLLOWING
AMENDMENT APPROVED BY BROADWAY MARKET BOARD OF DIRECTORS
Amend ARTICLE 2, SECTION 2 on DIRECTORS to read:
One (1) (director) appointed by the Broadway Area Business Association who shall be a non-tenant of the Broadway
Market.
PASSED
AYES - 9 NOES - 0
NO. 101
CHANGE IN PARKING REGULATION MARINER BETWEEN VIRGINIA AND ALLEN STREETS
(ITEM NO. 15, C.C.P., NOV. 1, 2005)
(ITEM NO. 92, C.C.P., NOV. 29, 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 hereby is received and filed.
ADOPTED.
NO. 102
J. ZARICZNY, PETITION TO USE 145 GOODELL A/K/A 780 MICHIGAN - GROUND SIGN
(ITEM NO. 54, C.C.P., OCT. 4, 2005)
That after the petition of J. Zariczny, agent, for permission to use 145 Goodell a/k/a 780 Michigan for a ground
sign, 7' x 5', non-illuminated be, and hereby is approved.
PASSED
AYES-9. NOES-0.
NO. 103
A. THOMPSON-FAIR HOUSING & PROPERTY CODE
(#48, 9/20)
Mr. Fontana moved that the above item be recommitted to the Committee on Legislation.
ADOPTED
NO. 104
FAIR HOUSING ADV. BOARD (STRAT. PLAN)
(#4, 10/4)
Mr. Fontana moved that the above item be recommitted to the Committee on Legislation
ADOPTED.
NO. 105
EST. A SENIOR CITIZENS DISCOUNT FOR THE GARBAGE USER FEE
(#123, 11/1)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 106
EST. A SENIOR CITIZENS DISCOUNT FOR THE GARBAGE USER FEE (A&F)
(#35, 11/15)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 107
MANDATORY DIST. OF SEX OFFENDER INFO. TO ALL SCHOOLS (POL)
(#18, 11/15)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 108
RD
SEX OFFENDER RESIDENCY PROHIBITION: 1500 FEET (3RES)
(#101, 11/15)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 109
FOOD STORE LICENSE - 1266 EAST DELAVAN
(ITEM NO. 30, C.C.P., NOV. 1, 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 Nadir All, located at 1266 East Delavan.
PASSED.
AYES-9. NOES-0.
NO. 110
USED CAR DEALER - 419 BROADWAY
(ITEM NO. 29, C.C.P., SEPT. 20, 2005)
(ITEM NO. 97, C.C.P., OCT. 4, 2005)
That pursuant to Chapter 254 of the City Code, the Commissioner of Permit & Inspection Services be, and he
hereby is authorized to grant a Used Car Dealer License to Patricia Harwell d/b/a The New Clean & Serene Auto Sales at
419 Broadway with a five car limit.
PASSED.
AYES-9. NOES-0.
NO. 111
REM. VEH. ALT. PKG.-INST. PERM. PKG.-NUM. EVEN SIDE OF HUGHES AVE.
(#111, 10/18)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 112
REM. VEH. ALT. PKG. ON JEFFERSON AVE. BETW. MAIN ST. & E. DELAVAN AVE.
(#112, 10/18)
That the above item be and the same hereby is received and filed.
ADOPTED.
COMMUNITY DEVELOPMENT
(JOSEPH GOLOMBEK JR., CHAIRMAN)
NO. 113
LDA-SELL PORTION OF 667 MAIN ST.-ARTVOICE REDEVELOPER
(#101-11/29/05) (HRG. 12/13)
A public hearing has been set, before the Common Council, at this regularly scheduled meeting, on the above item,
and a Notice of Same has been published in the Buffalo News, a copy of which is attached hereto.
On a motion by Mr. Coppola, seconded by Mr. Davis, the item is properly before the Common Council, and the
hearing is opened.
CARRIED.
Appearances – Maria Scinta, BURA
Mr. Coppola now moved that the hearing be closed. Seconded by Mr. Davis.
CARRIED
Mr. Golombek moved that the above item be recommitted to the Committee on Community Development.
ADOPTED.
NO. 114
LDA-WATERFRONT REDEV. PROJ. NYR-35 AREA A-URB. REN. AREA-10 ELLICOTT SQUARE COURT CORP.-
REDEVELOPER
(#105 11/29/05) (HRG. 12/13)
Mr. Golombek moved:
That the above item be returned 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,
and a Notice of Same has been published in the Buffalo News, a copy of which is attached hereto.
On a motion by Mr. Coppola, seconded by Mr. Davis, the item is properly before the Common Council, and the hearing is
opened.
CARRIED.
Appearances- Maria Scinta-Strategic Planning; Carl Padalino, Ellicott Development; Len Schott, Waterfront Advisory
Council.
Mr. Coppola now moved that the hearing be closed. Seconded by Mr. Davis.
CARRIED
Mr. Golombek moved:
That 10 Ellicott Square Court Corp. and/or other legal entity to be formed as qualified and eligible Redeveloper
by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper of Parcels 15, 16 and 28 in the Waterfront
Redevelopment Project NYR -35 - Area A Urban Renewal Area. That the Mayor or any officer of the Buffalo Urban
Renewal Agency is authorized to execute any and all deeds or other documents necessary to convey land described in
the proposed "Land Disposition Agreement" to 10 Ellicott Square Court Corp. as Agent for a LLC to be formed and/or
other legal entity to be formed in accordance with the terms of said Agreement and for the consideration therein with final
form subject to approval of Agency Legal Counsel.
PASSED.
AYES-9. NOES-0.
NO. 115
LDA AGREEMENT WATERFRONT REDEVELOPMENT PROJECT NYR-35 APPROVAL OF CONTRACT FOR SALE
OF LAND PARCEL 15, 16 AND 28 (STRAT. PLAN.) (ITEM NO. 6, C.C.P., NOV. 29, 2005)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr.Golombek moved:
That the above-mentioned item be and the same is hereby received and filed.
Adopted.
NO. 116
B. DAVIS-THE CARGILL HARBOR CENTER
(#58, 11/29)
That the above item be and the same hereby is referred to the Committee on Finance.
ADOPTED.
NO. 117
SIGN & STOREFRONT IMPROVEMENT PROGRAMS (STRAT. PLAN.)
(#3, 11/15)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 118
FOOD BANK OF WNY
(ITEM NO. 46, C.C.P., NOV. 15, 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 hereby is tabled.
LAID ON THE TABLE.
NO. 119
J. KRYTUS-OPPOSE TRANSFER OF LAND FOR CASINO GAMING
(#51, 11/15)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 120
RENOVATING VACANT FORECLOSED PROPERTIES (STRAT. PLAN.)
(#8, 11/29)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 121
PROVIDING FINANCIAL ASSISTANCE TO FIRST-TIME HOME BUYERS (*)
(ITEM NO. 106, C.C.P., NOV. 15, 2005)
That this Common Council seeks responses from Office of Strategic Planning, the Department of Taxation and
Assessment, Habitat for Humanity, the Division of Real Estate, and Permit & Inspections Services.
ADOPTED.
(*) Mr. Davis wishes to add his name as sponsor to this resolution.
NO. 122
PROVIDING FINANCIAL ASSISTANCE TO FIRST TIME HOME BUYERS (ASSESS/TAX)
(#15, 11/29)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 123
PROVIDING FINANCIAL ASSISTANCE TO FIRST TIME HOME BUYERS (PERMITS/INSP.)
(#43, 11/29)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 124
R. TALBOYS- INFO.-PROVIDING FINANCIAL ASSISTANCE TO FIRST TIME HOME BUYERS
(#62, 11/29)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 125
J. GOLOMBEK-F. BALCERZAK-INFOL-PROPOSED CASINO IN BUFFALO
(#59, 10/18)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 126
AUDIT-REVIEW OF BERC PENSION SYSTEM (COMPT)
(#5, 7/12)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 127
B. DAVIS-F. BELLIOTTI-REQ. BERC PENSION INFO/LOAN ALLOCATION STATUS
(# 105,7/26) (#64,5/17)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 128
J. GARDELLA-HICKORY WOODS ENVIRONMENTAL INFORMATION
(#51, 11/30)
That the above item be and the same hereby is received and filed.
ADOPTED
RESOLUTIONS
NO. 129
BY MR. BONIFACIO
THE 2006 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET
Whereas This Council at it's meeting of November 22, 2005, Item # 3, approved the Capital Improvement Budget for the
2006-07 fiscal year; and
Whereas This Council allocated and approved the sum of $3,100,000 for the demolition of properties; and
Whereas This Council has been advised that it must delineate the amount of demolition funds that are to be earmarked
for City-owned and Privately-owned properties;
Now Therefore Be It Resolved:
That this Council hereby clarifies its previous budgetary action by hereby allocating and approving $2,100,000 for City-
owned property demolition and $1,000,000 for Privately-owned property demolition thereby equating to the previously
approved amount of $3,100,000 for property demolition.
PASSED
AYES - 9 NOES - 0
NO. 130
BY: MR. BONIFACIO
CO-SPONSOR: MR. GOLOMBEK
SUPPORT MAYOR MASIELLO'S CALL FOR THE RESIGNATION OF BMHA BOARD MEMBERS
Whereas: The Buffalo Municipal Housing Authority (BMHA) for many years has been under a constant microscope by
the City of Buffalo amid reports of eronyism, inefficiency and discrimination; and
Whereas: In a recent review of the BMHA conducted by the Department of Housing and Urban Development (HUD),
evidence was presented showing multiple violations of federal laws and regulations; and
Whereas: The evidence provided by the Department of Housing and Urban Development has illustrated that the BMHA
has been overstepping their bounds, interfering with the executive staff, as well as spending lavishly on themselves; and
Whereas: The Department of Housing and Urban Development has also found in its review multiple problems with the
way the BMHA awards contracts in its Capital Improvement Department, including but not limited to, excessive fees for
architectural and engineering services, not providing the necessary paperwork for millions of dollars of work, and
complicating the bidding process in ways that drive away competition; and
Whereas: The City of Buffalo Mayor, Anthony M. Masiello, has stated adamantly that the conduct of the BMHA board
members are, "totally inexcusable and cannot be tolerated" and has since called on their resignations; and
Whereas: This Common Council also views the actions of the BMHA board as being totally inexcusable and not to be
tolerated, it makes sense to present a united front in support of Mayor Masiello's call on the resignation of the BMHA
board for shortchanging the City of Buffalo and its f'me residents; and
Now Therefore Be It Resolved:
That the Common Council emphatically supports Mayor Anthony M. Masiello and his request of the Department of
Housing and Urban Development to replace the two tenant-elected commissioners of the Buffalo Municipal Housing
Authority as well as the calling of an immediate resignation of the other five appointed commissioners; and
Be It Further Resolved:
That this honorable body sends a home rule message to Governor George Pataki and the New York State Legislature
regarding the possible restructuring of the Buffalo Municipal Housing Authority to fall under the management of the City of
Buffalo's Department of Strategic Planning.
RECEIVED AND FILED
AYES – CONRAD, COPPOLA, DAVIS, FONTANA, RUSSELL, THOMPSON - 6 NOES – BONIFACIO, FRANCZYK,
GOLOMBEK - 3
NO. 131
BY: MR. COPPOLA
FISCAL IMPLICATIONS OF THE BFSA IMPOSED WAGE FREEZE
Whereas: The City of Buffalo ended the 2004 fiscal year with a undesignated and unreserved surplus of $39 Million;
and
Whereas: While numerous decisions and actions led to this surplus, there have been implications that the Buffalo Fiscal
Stability Authority imposed wage freeze was the main factor in creating the surplus; and
Whereas: While the wage freeze was a contributing factor to this surplus, it should not be viewed as the most important
factor because there were no raises budgeted in the 2004-2005; and
Whereas: The City still has financial liabilities caused by litigation over contractual raises that have been frozen, there are
still other collective bargaining units that have no contractual raise due to them and this wage freeze does not cover them
in total; and
Whereas: In order to receive an increase in wages, the remaining collective bargaining units must still negotiate a contract
with the City and obtain Common Council approval prior to any increase in wages; and
Whereas: The announcement of the surplus has brought questions from the City's workforce about the City's financial
ability to have the wage freeze lifted and begin to negotiate contracts with the remaining collective bargaining units that do
not currently have contracts in place.
Now Therefore Be It Resolved That:
The Common Council requests that the Budget Office file a report with the City Clerk no later than Thursday, December
22, 2005, that details the financial impact to the City should the wage freeze be lifted; and
Be It Further Resolved That:
The report breaks down the impacts per collective bargaining unit as well as the impact for lifting step increases and
longevity, respectively and collectively, per collective bargaining unit; and
Be it Finally Resolved That:
This resolution is referred to the Special Committee on Budget for its further consideration.
STND
ADOPT 1 AND 2 RESOLVE THE REMAINDER
NO. 132
BY : MARC A. COPPOLA
RESCINDING UNISSUED BOND AUTHORIZATIONS
REPEALING VARIOUS BOND RESOLUTIONS
PREVIOUSLY ADOPTED
Bond Resolution of the City of Buffalo, New York, repealing various bond resolutions previously adopted on their
respective dates.
WHEREAS, this Common council has heretofore duly authorized the issuance of bonds to finance the cost of various
capital projects pursuant to the Bond Resolutions listed on the attached schedule: and
WHEREAS, the financing of capital projects pursuant to the Bond Resolutions on the attached schedule have been either
cancelled or completed through the issuance of bonds pursuant to such Bond Resolutions and there remain unissued
authorizations which should be repealed for each such Bond Resolution; and
WHEREAS, it is now appropriate to repeal such remaining Bond Resolutions;
The Common Council of the City of Buffalo, in the County of Erie, New York, hereby resolves as follows:
Section (A). The bond resolutions as shown on the attached schedule, duly adopted by this Common Council on their
respective dates as shown on the attached schedule under column A, are hereby repealed, except to the extent that any
indebtedness shall already have been contracted or encumbrances made thereunder.
Section (B). This Resolution shall take effect immediately upon approval by the Mayor in accordance with Section 3-19 of
the Charter of the City of Buffalo.
PASSED
AYES - 9 NOES - 0
NO. 133
BY: MR. COPPOLA
LOCAL LAW NO. --- (2005) INTRODUCTORY NO. 11 (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 a fire emergency
may direct and cause to be torn 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 underlined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION THE COMMISSIONER OF PERMITS AND INSPECTIONS AND
THE COMMISSIONER OF FIRE
NO. 134
BY: COUNCILMEMBER DAVIS
SUBJECT: LAND DISPOSITION AGREEMENT
50 COURT STREET
1097 GROUP, LLC
WHEREAS, the Buffalo Urban Renewal Agency has duly designated 1097 Group, LLC and/or other legal entity to be
formed as qualified and eligible Redeveloper in accordance with rules and procedures duly adopted by the Agency; and
WHEREAS, the City Clerk has published a Notice of Public Hearing, as required by Section 507, Subdivision 2(d) of the
"General Municipal Law" and
WHEREAS, the proposed Land Disposition Agreement has been duly submitted to this Common Council by the Buffalo
Urban Renewal Agency; and
NOW, THEREFORE, BE IT RESOLVED:
1. 1097 Group, LLC and/or other legal entity to be formed was duly designated as qualified and
eligible Redeveloper by the Buffalo Urban Renewal Agency, is hereby approved as the Redeveloper of 50 Court Street in
the Downtown Renewal Phase II Urban Renewal Area.
2. That the Mayor, the Chairman, Vice-Chairman, or any officer of the Buffalo Urban Renewal Agency is hereby
authorized to execute any and all deeds or other documents necessary to convey land described in the proposed "Land
Disposition Agreement" to 1097 Group, LLC, as Agent for a LLC to be formed and/or other legal entity to be formed in
accordance with the terms of said Agreement and for the consideration recited therein with final form subject to approval
of Agency Legal Counsel.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 135
BY: COUNCILMEMBER DAVIS
SET PUBLIC HEARING
DOWNTOWN RENEWAL PHASE II
50 COURT STREET
1097 GROUP, LLC - REDEVELOPER
WHEREAS, 1097 Group, LLC and/or other legal entity to be formed (herein referred to as the "Redeveloper") has been
duly designated as qualified and eligible Redeveloper in accordance with the rules and procedures prescribed by the City
of Buffalo Urban Renewal Agency; and
WHEREAS, the City of Buffalo Urban Renewal Agency and the Redeveloper has negotiated a Land Disposition
Agreement for 50 Court Street in the Downtown Renewal Phase II Urban Renewal Area; and
WHEREAS, the terms of said Land Disposition Agreement have been approved by the City of Buffalo Urban Renewal
Agency; and
WHEREAS, said Land Disposition Agreement has been forwarded by the City of Buffalo Urban Renewal Agency to this
Common Council for action, pursuant to section 507, subdivision 2(d) of the General Municipal Law; and
WHEREAS, Article 15A of the "General Municipal Law" requires that the disposition &land in an Urban Renewal Project
may be approved only after a public hearing on due notice.
NOW, THEREFORE, BE IT RESOLVED:
1. That the City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Hearing" in the
Buffalo News, no later than the 17th day of December 2005.
2. That this Common Council will conduct a Public Heating on the matter stated in said "Notice of Hearing" at
2:00 P.M. in the Council Chambers on the 27th of December 2005.
ADOPTED
NO. 136
BY BRIAN DAVIS
GRANT ACCEPTANCE FROM THE NYS DEPT OF STATE QUALITY COMMUNITIES PROGRAM 2004-2005
HEALTHY INFRASTRUCTURE FOR QUEEN CITY LIVABILITY
The above resolution is available for review in The City Clerk’s Office
PASSED
AYES - 9 NOES - 0
NO. 137
BY: BRIAN C. DAVIS
TRAILBLAZING SIGNAGE FOR BROADWAY AS "BISHOP WILLIAM H. HENDERSON WAY"
Whereas: Bishop William H. Henderson was born in 1935 in Buffalo, New York, accepting Jesus Christ as his personal
Savior and Lord at age 13; and
Whereas: Bishop Henderson purchased the Michigan Street Baptist (formerly Macedonia Baptist Church) and today
remains caretaker and overseer of the historic site of the Underground Railroad and modem day civil rights; and
Whereas: Bishop Henderson has prayed and worked towards the restoration of the Michigan Street Baptist Church and
provided strong leadership for the resurrection of the Michigan Street Heritage District; and
Whereas: Bishop Henderson was asked by the wife and family of Rev. J. Edward Nash to be caretaker of the Nash
treasures and live in the NASH home; and
Whereas: Bishop Henderson and his family lived in and guarded the NASH Home and left a treasure chest of history
and artifacts for generations to come; and
Whereas: Bishop Henderson has been faithful to the Lord and preached the Gospel of the "Living God" for more than
50 years; and
Whereas: For all of his contributions, commitment and dedication to both his community and the City of Buffalo, it is
fitting to honor Bishop William H. Henderson for his faithful service; and
Whereas: A check in the amount of $135.00 has been forwarded to the City of Buffalo Traffic Engineering Department,
the cost associated with the installation of the trailblazing sign.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo approves the installation of trailblazing sign, proclaiming Broadway Street,
between Michigan Avenue and Nash Street, as "Bishop William H. Henderson Way"; and
Be It Further Resolved:
That this Common Council requests that the Department of Public Works install trailblazing signs that read "Bishop H.
Henderson" on Pole # 161, on Broadway Street, between Michigan Avenue and Nash Street.
PASSED
AYES - 9 NOES - 0
NO. 138
BY: MR. FONTANA
SHIFT OF OPERATION INTO AN EMPIRE ZONE160 IMPSON STREET
WHEREAS: Advantage Packaging and Fulfillment, LLC is a commercial/service business located at 315 Babcock Street
in the Lovejoy District; and
WHEREAS: This company has been in business at its present location since August 2004 packaging and delivering
materials to Lowe's Company and they currently have 3 employees; and
WHEREAS: Due to an expanding business and the need for more space, Advantage Packaging and Fulfillment finds it
necessary to relocate, and have found space at 160 Imson Street, which is in the Empire Zone; and
WHEREAS: The company has invested over $400,000 in new equipment to obtain a larger share of current customer's
business; and
WHEREAS: An additional 12 employees will be needed to work new machinery and assist in deliveries
NOW THEREFORE BE IT RESOLVED:
That this Common Council consents to the relocation of Advantage Packaging and Fulfillment, LLC from 135 Babcock
Street to 160 Imson Street, which is located in a City of Buffalo Empire Zone.
PASSED
AYES - 9 NOES - 0
NO. 139
BY: MR. FONTANA
RE: DISCHARGE ITEM FROM THE LEGISLATION COMMITTEE--(NO 67, CCP NOV 29, 2005) "F. PARISI, AGT., USE
3144 MAIN ST.-ADDL. SPACE FOR EXISTING BAR"MOJO'S"(HRG. 12/16)(UNIV.)"
Whereas: NO 67, CCP Nov 29, 2005 "F. Parisi, Agt., Use 3144 Main St.-Addl. Space for Existing Bar "Mojo's"(Hrg.
12/16)(Univ.)" is currently before the Committee on Legislation; and
Whereas: It is no longer necessary for this item to be considered by that committee;
Now, Therefore, Be It Resolved:
That the Common Council does hereby discharge the Legislation Committee from further consideration of NO 67, CCP
Nov 29, 2005 "F. Parisi, Agt., Use 3144 Main St.-Addl. Space for Existing Bar "Mojo's"(Hrg. 12/16)(Univ.)" and said item is
now before the Council.
Richard A. Fontana
ADOPT DISCHARGE
PASSED
AYES - 9 NOES - 0
NO. 140
BY: MR. FRANCZYK AND MR. FONTAN'F,
SENECA BABCOCK REDEVELOPMENT PROJECT URBAN RENEWAL PLAN
WHEREAS: On April 23, 2002, the City Planning Board recommended to this Council that the Seneca Babcock
Redevelopment Area be designated as an urban renewal area; and
WHEREAS: On June 11, 2002, this Council held a public hearing to consider the designation. At the conclusion of the
public hearing, this Council passed a resolution ("Resolution No. 107"), on its own initiative, finding that the Seneca
Babcock Redevelopment Area was "a substandard, unsanitary area which tends to impair or arrest the sound growth and
development of the municipality, as defined in Subdivision 3 of Section 502, Article 15 of the New York State General
Municipal Law, a being appropriate for urban renewal treatment" and designating it as an urban renewal area; and
WHEREAS: RESOLUTION No. 107 directed the Office of Strategic Planning =to prepare an Urban Renewal Plan for the
long term comprehensive redevelopment of the Seneca-Babcock Area, as described above, and that the draft Urban
Renewal Plan be submitted to the Common Council for approval;" and
WHEREAS: The draft Urban Renewal Plan was completed in February of 2003 and forwarded to the City Planning Board
on February 19, 2003; and
WHEREAS: On April 1, 2003 agenda, this Council received the report and recommendations of the City Planning Board.
The City Planning Board gave an unqualified approval of the Seneca Babcock Redevelopment Project Urban Renewal
Plan; and
WHEREAS: After conducting a public hearing on April 15, 2003, this Council adopted by resolution ("RESOLUTION No.
128") the Seneca Babcock Redevelopment Project Urban Renewal Plan by unanimous vote; and
WHEREAS: After conducting a public hearing and upon reviewing the Seneca Babcock Redevelopment Project Urban
Renewal Plan, this Council found that:
(1) The Seneca Babcock Redevelopment Area is substandard area and tends to impair or arrest the sound
growth and development of the City of Buffalo;
(2) Federal and state aid to be provided to the City of Buffalo is necessary to enable the project to be
undertaken in accordance with the Seneca Babcock Redevelopment Project Urban Renewal Plan;
(3) The Seneca Babcock Redevelopment Project Urban Renewal Plan affords maximum opportunity to private
enterprise, consistent with the sound needs of the City of Buffalo as a whole, for the undertaking of an
urban renewal program;
(4) The Seneca Babcock Redevelopment Project Urban Renewal Plan conforms to a comprehensive
community plan for the development of the City of Buffalo as a whole;
(5) The implementation of the Seneca Babcock Redevelopment Project Urban Renewal Plan will not cause
any relocation of families and individuals due to displacement;
(6) The Seneca Babcock Redevelopment Project Urban Renewal Plan will be implemented in phrases in order
to best serve the public interest and lessen any hardships to the residents within that area; and
WHEREAS: Although it is apparent upon review of the Seneca Babcock Redevelopment Project Urban Renewal Plan that
no families or individuals will be displaced, RESOLUTION No. 128 inadvertently failed to note this Council finding; and
WHEREAS: Although this Council had approved the allocation of $800,000 in the Community Development Block Grant
budget for land acquisition costs for the Seneca Babcock Redevelopment Area, RESOLUTION No. 128 also inadvertently
failed to note that federal and state aid to be provided to the City of Buffalo is necessary to enable the project to be
undertaken; and
WHEREAS, the Courts have ruled that the Seneca Babcock Urban Renewal Plan was null and void due to the above
omissions; and
WHEREAS, the City Planning Board conducted a public hearing on November 22, 2005 and reviewed the Seneca
Babcock Urban Renewal Phase 1 redevelopment Plan; and
WHEREAS, the City Planning Board voted to give its unqualified approved this Urban Renewal Plan that includes the
required findings by report to this Common Council; and
WHEREAS, that motion did not carry; and
WHEREAS, this Common Council of the City of Buffalo conducted a public hearing on December 27, 2005.
THEREFORE, BE IT RESOLVED:
That the Common Council does accept the new Seneca Babcock Urban Renewal Plan and hereby state the following
findings for the Seneca Babcock Urban Renewal Plan:
(1) the Seneca Babcock Redevelopment Area is substandard area and tends to
impair or arrest the sound growth and development of the City of Buffalo;
(2) any financial aid to the municipality, from any source, is necessary to enable the project to be undertaken in
accordance with the Seneca Babcock Redevelopment Project Urban Renewal Plan;
(3) the Seneca Babcock Redevelopment Project Urban Renewal Plan affords
maximum opportunity to private enterprise, consistent with the sound needs
of the City of Buffalo as a whole, for the undertaking of an urban renewal program; the Seneca Babcock Redevelopment
Project Urban Renewal Plan conforms to the comprehensive community plan for the development of the City of Buffalo as
a whole; if the implementation of the Seneca Babcock Redevelopment Project Urban Renewal Plan causes the need for
relocation the City shall follow the established Federal Relocation guidelines for residential and commercial relocation; the
Seneca Babcock Redevelopment Project Urban Renewal Plan will be implemented in phases in order to best serve the
public interest and lessen any hardships to be residents within that area; and
BE IT FURTHER RESOLVED: That the Common Council accept and adopt the SEQR Negative Declaration issued by the
Buffalo Urban Renewal Agency on November 23, 2005; and
BE IT FURTHER RESOLVED: That the Common Council approves and adopts the attached Seneca Babcock Urban
Renewal Plan.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 141
BY: COUNCIL MEMBERS FRANCZYK & FONTANA
SET PUBLIC HEARING - URBAN RENEWAL PLAN SENECA BABCOCK URBAN RENEWAL PLAN
Whereas, the City of Buffalo Common Council designated the Seneca Babcock Urban Renewal Project area as being
eligible an appropriate for Urban Renewal treatment under Article 15 of the New York State General Municipal Law; and
Whereas, the City Planning Board, conducted the required public hearing held on November 22, 2005; and
Whereas, the Housing Act of 1949, as amended, and Article 15 of the General Municipal Law requires that the Urban
Renewal Plan be approved only after a public hearing on due notice;
Now Therefore Be It Resolved That:
1. The City Clerk is hereby directed to publish the notice attached hereto and marked "Notice of Public Hearing" in the
th
Buffalo News and the City Record, no later than the 17day of December, 2005 and;
Be It Further Resolved:
2. That this Common Council will conduct a public hearing on the matter stated at 2:00 pm in the Council Chambers on
December 27, 2005.
ADOPTED
NO. 142
BY MRS. RUSSELL
RE: TRANSFER OF MATERIALS FROM THE BUFFALO AND ERIE COUNTY PUBLIC
LIBRARY TO THE CITY OF BUFFALO
Whereas The City of Buffalo is the owner of the building previously operated by the Buffalo and Erie County Public Library
as the Kensington Branch Library.
Whereas The above-referenced location has ceased operation at its respective location, and the Erie County Public
Library will transfer various items of library property from the premises for further disposition to be used solely by various
not-for-profit organizations serving the respective community, including library-related services; and
The City of Buffalo has approached the Buffalo and Erie County Public Library Board with various proposals to operate
the vacated public library buildings outlined above as a community reading room and/or community resource building; and
Whereas The City of Buffalo endorses the proposed re-use plans for the closed libraries at the identified City properties;
and
Resolution 2005-41 of the Board of Trustees of the Buffalo and Erie County Public Library allows for the transfer of library
property to political subdivisions for appropriate re-use within the premises of the above-referenced vacated library
building in the City of Buffalo;
Now Therefore Be It Resolved:
That the City of Buffalo respectfully requests the transfer to the City of Buffalo certain property of the Buffalo and Erie
County Public Library, previously used by the Buffalo and Erie County Library for library purposes at the Kensington
Branch Library, which property shall be enumerated in a subsequent deed of transfer; and
Be It Finally Resolved:
That this resolution is to assure the Buffalo and Erie County Public Library in advance of consideration of such a deed of
transfer by the Buffalo and Erie County Public Library, that the City of Buffalo shall arrange for the use of the Kensington
Branch Library property solely by Westminister Charter School.
PASSED
AYES - 9 NOES - 0
NO. 143
BY: MR. THOMPSON
RE: REQUEST TO USE A MORE ENVIRONMENTALLY FRIENDLY SALT/SAND DE-ICER MIXTURE
Whereas: The City of Buffalo currently uses a salt/sand mixture to melt snow and ice while simultaneously improving
traction; and
Whereas: A significant percentage of the sand on roadsides ends up in the ground, diminishing soil quality. It is
expensive to remove, and must be done so as solid waste. The accumulation of sand and debris negatively
affects sewer and storm drainage, ultimately causing backups and overflows. Much of it becomes sediment, in
many instances increasing the load of suspended particles being carried into streams, rivers, ponds, and lakes;
and
Whereas: Road salt can kill vegetation at roadsides. Road salt damages automobile undercarriages and bodies, in
addition to causing costly road repairs. Salt can also seep into and pollute the groundwater drinking supply.
Increased salt concentrations can cause the lake to stratify into lighter and denser layers. While this often
happens in the summer with temperature gradients, the salt could prevent the water from remixing in the fall.
Circulation would stop or slow, and oxygen would not mix into the lower layers of the lake. With oxygen
depletion come fish kills and releases of heavy metals in the sediment. Saltier water would also favor salt
tolerant plants and animals and decrease the diversity in the lake; and
Whereas: A case study was completed in the City of Denver, Colorado between 1998 and 2001. The results indicated
that a combination of 2 different anti-icing chemicals: Ice-Slicer (granular) and Caliber M 1000 (liquid de-icer)
have been environmentally-friendly and cost effective for the City of Denver; and
Whereas: Caliber M1000 is a magnesium chloride-based product with corrosion inhibitors added and prevents ice from
forming. Ice Slicer is a natural melting product mined out of Redmond, Utah and is very effective at melting ice
and snow at relatively low temperatures; and
Whereas: The City of Buffalo should take a proactive stance and research possible environmentally-friendly and cost
effective solution mixtures, and
Now, Therefore Be It Resolved That:
This Common Council hereby requests that the City of Buffalo and the Department of Public Works research and
implement a environmentally-friendly and cost effective solution for usage as a de-icing and melting agent; and
Now, Therefore Be It Finally Resolved That:
This Common Council also hereby requests that this item be referred to the Committee on Finance and the Department of
Public Works for research and response in time for the next Council meeting, scheduled for December 27, 2005.
STNDRD
ADOPT 1 AND 2 RESOLVE THE 3 REFERRED TO THE COMMITTEE ON FINANCE, THE COMMISSIONER OF
PUBLIC WORKS, PARKS AND STREETS AND THE DIRECTOR OF PURCHASE
NO. 144
BY: MR. THOMPSON
RE: ESTABLISHMENT & DESIGNATION OF DISTRICT NEIGHBORHOODS FOR REAL ESTATE MARKETING
Whereas: The City of Buffalo and Western New York is looked upon favorably throughout the country for its
affordable housing and local culture; and
Whereas: Proper steps should be taken to enhance the experience and provide ample information to perspective
homebuyers; and
Whereas: The City of Buffalo should make every attempt to proactively and positively market itself in an effort to
increase its residential and commercial tax base; and
Whereas: The following suggestions have been made towards improving the real estate marketing strategy for residential
and commercial properties within the City of Buffalo:
1. Have Each Council Office designate/name each residential neighborhood/community within their
respective district.
2. Have Each Council Office determine the geographic location and boundaries for each respective
neighborhood/community.
3. Have Each Council Office write a brief narrative description on the historical and current conditions of
each respective neighborhood/community.
Now, Therefore Be It Resolved That:
This Common Council hereby requests that the Office of Strategic Planning submit a report listing a description and
detailed information on each Common Council District's respective neighborhoods/communities; and
Now, Therefore Be It Finally Resolved That:
This Common Council also hereby requests that this item be referred to the Committee on Community Development, in
addition to seeking responses from each Councilmember, from the Division of Real Estate, the Buffalo Niagara Realtors
Association, and the Office of Strategic Planning for the next Common Council Meeting scheduled for Tuesday,
December 27, 2005.
REFERRED TO THE DIRECTOR OF STRATEGIC PLANNING
NO. 145
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:
Joanne Burdick
Harold Cardwell Jr
Michael Clayton
Mica Swartwood
TOTAL 4
ADOPTED
NO. 146
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, December 20, 2005 at 9:30 o'clock A.M.
Committee on Finance following Civil Service
Committee on Legislation
Committee on Comm. Dev. A.M.
Special Committees
Tuesday, December 20, 2005 at 10:00 o'clock A.M.
Tuesday, December 20, 2005 at 2:00 o'clock P.M. Wednesday, December 21, 2005 at 10:30 o'clock
(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. 147
ADJOURNMENT
On a motion by Mr. Coppola, Seconded by Mrs. Russell, the Council adjourned at 3:40 pm
GERALD CHWALINSKI
CITY CLERK
BOARD OF POLICE AND FIRE PENSION PROCEEDINGS #11
OFFICE OF THE MAYOR-201 CITY HALL
DECEMBER 8, 2005
Present: Anthony M. Masiello, Mayor; David A. Franczyk, Council President; Frank Belliotti, Deputy Comptroller, Michael
Risman-Corporation Counsel-4
The Journal of the last meeting was approved.
NO. 1
I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of December 2005 amounting to
$5,610.00, and request that echecks be drawn to the order of the persons named herein for the amounts stated.
Adopted
Ayes-4. Noes-0.
NO. 2
I transmit herewith the Pension Payroll for the Police Pension Fund for the month of December 2005 amounting to
$6,565.00, and request that echecks be drawn to the order of the persons named herein for the amounts stated.
Adopted
Ayes-4. Noes-0.
NO. 3
On motion by Mr. Belliotti, the City of Buffalo Police and Fire Pension Board Meeting adjourned at 11:10 a.m.