HomeMy WebLinkAbout05-1129
No.22
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
NOVEMBER 29, 2005
EDUCATION COMMITTEE
Antoine M. Thompson, Chairman, Richard A. Fontana, David
MAYOR A. Franczyk, Bonnie E. Russell Members
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
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, NOVEMBER 29, 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 MAYOR
NO. 1
EXEMPTION FROM LIVING WAGE ORDINANCE BRAND-ON SERVICES, ERIE BASIN MARINA
In accordance with section 96-19H, 1, (b), I hereby request that the Common Council grant an exemption of the Living Wage Ordinance to Brand-On Services for
their contract to operate the Erie Basin Marina.
This exemption would cover all seasonal employees under the age of 21 hired by Brand-On to work at the Marina.
REFERRED TO THE COMMITTEE ON LEGISLATION
Mr. Fontana took his seat at 2:03 pm
NO. 2
APPOINTMENT OF MEMBER
TO THE BUFFALO PRESERVATION BOARD
Pursuant to the powers vested in me by Article II, Section 337-3, Part lI of the Code of the City of Buffalo, l hereby appoint the following individual to the Buffalo
Preservation Board.
Barry A. Muskat, 176 Rivermist Drive, Buffalo, NY 14202
Barry Muskat is currently President of United Uniform. Mr. Muscat also serves as an Adjunct Professor at Canisius College's Department of Art History teaching
Architectural History courses. In addition, he is an Architecture Critic and frequent Contributing Writer for Buffalo Spree Magazine• Mr. Muskat belongs to a series of
professional organizations including the Society of Architectural Historians and the Frank Lloyd Wright Building Conservancy.
Barry Muskat received his Bachelor of Arts from Pennsylvania State University and a Master of Arts from SUNY at Buffalo. Mr. Muskat is being appointed to replace
Cynthia Van Ness whose term has expired. His term will commence immediately and expire on August 3 I, 2008.
I hereby certify that the above named individual is fully qualified to serve as members of the Buffalo Preservation Board.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE DIVISION OF COLLECTIONS
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE DIVISION OF CITIZEN SERVICES
NO. 3
MONTHLY REPORT- DIVISION OF CITIZEN EXT.
CITIZEN SERVICES- OCTOBER, 2005
Dear Members of the Buffalo Common Council:
Attached for your review is the following: (1) Chart of Service Calls for October, 2005, (2) Chart of Service Calls for October, 2004- for comparative purposes, and (3)
Chart of "Open" calls for September, 2005, as of November 1, 2005.
Service requests for October, 2005 were down by 87, to 3,020, but they were about 43 % higher than in October 2004, (3,020 to 1,736).
In comparing the service request calls for the two Octobers- requests in 2005, for housing inspections, forestry services, tote requests, and user fee bill inquiries 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. Also, the weather in October was relatively mild, and there is a direct correlation between good weather
and housing complaints.
Forestry requests were 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.
On October 27, 2005, Public Works held a meeting with Wendell Duchscherer, an architectural and engineering firm, to finalize tree management tracking and
scheduling with Citizen Services and Management Information Systems (M.I.S.). Wendell Duchscherer will now be responsible for receiving and responding to all
tree related calls recorded by the Division of Citizen Services.
Tote requests and user fee bill inquiries were high, due to the October quarterly billing.
Responses to September's service requests were at 61% resolved, as of November 1, 2005. Categories that were above 50% unresolved are Forestry, Stolen
Totes, Rodents, Police, Adjudication, and Tote Requests.
As always, I hope that you find this information helpful.
ATTACHMENTS
RECEIVED AND FILED
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 4
APPROVAL OF CONTRACT FOR SALE OF LAND -PORTION OF 667 MAIN STREET
The City of Buffalo Urban Renewal Agency duly designated ARTVOICE. 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 has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory.
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 bearing, 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 Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition Agreement
After the Public Heating is held, Your Honorable Body may adopt a Resolution
authorizing the disposition of the land to the Redeveloper, which the Agency has designated as being qualified and eligible
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 5
DOWNTOWN RENEWAL PHASE
II URBAN RENEWAL AREA APPROVAL OF CONTRACT FOR SALE OF LAND - 50 COURT ST.
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 has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory.
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 hearing, and to direct the publication of a notice of said heating. 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 Hearing
2. Notice of Public Hearing
3. Resolution approving proposed Land Disposition Agreement
After the Public Heating is held, Your Honorable Body may adopt a Resolution authorizing the disposition of the land to the Redeveloper, which the Agency has
designated as being qualified and eligible
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 6
WATERFRONT REDEVELOPMENT
PROJECT-NYR 35 AREA A
APPROVAL OF CONTRACT FOR
SALE OF LAND- PARCELS 15,
16 AND 28
The City of Buffalo Urban Renewal Agency duly designated Ellicott Development Company 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 has also determined that the proposed Land Disposition Agreement negotiated by the Agency and the Redeveloper is satisfactory.
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 hearing, 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 Hearing
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 Agency has
designated as being qualified and eligible
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 7
CITY OF BUFFALO REQUESTING PERMANENT EASEMENT
485 MICHIGAN
ELLICOTT DISTRICT
The Office of Strategic Planning, Division of Real Estate, has received a request from the Dept. of Public Works, Parks and Streets to obtain an easement
agreement in reference to property located at 485 Michigan. This easement is needed in conjunction with the Michigan Avenue Streetscape Project, Group #644.
The Attorney, Loran Bommer, has indicated that her client (Richard Dunn) has agreed to grant the requested easement. She has also indicated that the property at
485 Michigan was deeded into a corporation on 9/19/05 and the name of the corporation is 485 Michigan, Inc.
The Dept. of Public Works, Parks & Streets has indicated that the easement will give permission for the following:
1. Access to driveway on the south side of 485 Michigan Avenue up to the Niagara Mohawk owned wood pole.
2. Removal of asphalt driveway as necessary approximately 70 lin. ft. (plus or minus).
3. Escavation to a depth of 18" (plus or minus) from the existing asphalt driveway elevation.
4. Electrical work at wood pole will be made accessible by cutting an opening or partial removal of fence.
5. Placement of 2" conduit to a depth of 18".
6. Driveway to be restored with subbase material as necessary and a 4" depth asphalt driveway to the location (joint).
The agreement will be for One Dollar ($1.00) no more. Attached is a drawing showing the approximate location of the proposed easement.
This office is recommending that Your Honorable Body approve acquisition of the permanent easement agreement. I am further requesting Your Honorable Body to
authorize the Corporation Counsel to prepare the easement agreement and that the Mayor be authorized to execute the same.
Mr. Coppola moved:
That the above communication from the Department of Strategic Planning dated November 18, 2005, be received and filed; and
That the Director of Real Estate be, and he hereby is authorized to enter into a permanent easement agreement between the Department of Public Works, Parks &
Streets and 485 Michigan, Inc. for use of 485 Michigan, with the conditions as listed above. That the Corporation Counsel be, and he hereby is authorized to review
said the easement agreement and that the Mayor be authorized to execute the same.
PASSED
AYES – 7 NOES - 0
NO. 8
PLEASE ACCEPT THIS LETTER AS A RESPONSE AND COMMENT TO COMMON COUNCIL
ITEM # 53 C.C.P. "RENOVATING VACANT FORECLOSED PROPERTIES"
AND ITEM # 106 C.C.P, "PROVIDING FINANCIAL ASSISTANCE TO FIRST-TIME HOME BUYERS."
The Office of Strategic Planning has already begun work on developing a program that is similar to the City of Rochester, and others through-out the country, that
will take vacant HUD foreclosed homes, renovate them and sell them to low-moderate income home buyers. The program is the U.S. HUD, Asset Control Area
(ACA) Program that we will be participating in next year. This program requires funds to acquire and rehabilitate homes and ultimately market and sell to low-
moderate income home buyers. The City of Buffalo has $0.00 to commit to this program. The OSP has negotiated with Fannie Mac to borrow $6 million, $1 million of
which will be used to fund a loan-loss reserve account against a $9 million commitment from area banks for the fund.
Negotiations continue with the banks, however, we know that a new corporation and staff will have to be created to achieve our goal. We are currently in
negotiations with key parties for an interim solution and hope to have a structure and funds in place for the administration and Council's review early next year.
It is not recommended that we ask low-moderate income home buyers to go through the process of applying for assistance to renovate the homes, with the known
difficulty of finding enough qualified contractors to complete the necessary renovation work. I also believe we have enough programs and financial assistance to
accommodate any low-moderate income person looking to become a home-owner. The difficulty is to get them qualified for a mortgage.
We look forward to continue working with the Common Council on this issue.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 9
RESULTS OF NEGOTIATIONS
100 MONTGOMERY, N COR. OF SANDOMINGO FILLMORE
LOT SIZE: 30' X 100'
ASSESSED VALUATION: $1,500.
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 100 Montgomery Street from Mrs. Monica Smith, 98 Montgomery
Street, Buffalo, New York 14206. Mrs. Smith 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 by the purchaser.
The Division of Real Estate has investigated the sale of similar residential vacant lots in the subject area. Sale prices range from thirty cents (.30) to fifty cents (.50),
per square foot.
The results of our negotiations are that Mrs. Monica Smith has agreed and is prepared to pay one thousand dollars ($1,000), thirty-five cents (.35) per square foot,
for the subject property. Mrs. Smith 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
100 Montgomery Street to Mrs. Monica Smith in the amount of one thousand dollars ($1,000). 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 November 16, 2005, be received and filed; and
That the offer from Mrs. Monica Smith, residing at 98 Montgomery Street, in the sum of one thousand dollars ($1,000.00) for the purchase of 100 Montgomery
Street, 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 - 7 NOES - 0
NO. 10
SCHOOLS TRANSFERRED TO STRATEGIC PLANNING,
DIVISION OF REAL ESTATE'S JURISDICTION
769 BEST - SCHOOL NO. 59 - FILLMORE DISTRICT
238 ONTARIO - SCHOOL NO. 60 - NORTH DISTRICT
The Office of Strategic Planning, Division of Real Estate, has been informed by Mel Alston, Superintendent of Plant Services, Buffalo Board of Education that School
No. 59 - 769 Best and School No. 60 - 238 Ontario Street, will be abandon for educational purposes and turned over to the City of Buffalo, Division of Real Estate for
disposition. School No. 59 at 769 Best was turned over to the Division of Real Estate on November 17, 2005 and School No. 60 at 238 Ontario Street is being turned
over to the Division of Real Estate today, November 23, 2005.
As these properties are turned over to the Division of Real Estate the properties will be secured and winterized. The properties will also be placed in our sale catalog
and marketed for sale.
The Office of Strategic Planning has been receiving inquires from interested parties for School No. 60 on Ontario Street. We will be in contact with all interested
parties.
Therefore, I am recommending that Your Honorable Body approve the abandonment and sale of the above properties and authorize the Office of Strategic Planning,
Division of Real Estate, to dispose of the properties in accordance with applicable sections of Article 27 of the City Charter.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE DIRECTOR OF STRATEGIC PLANNING
NO. 11
UTILITY EASEMENT AGREEMENT
NIAGARA MOHAWK POWER CORPORATION AND VERIZON NEW
YORK, INC. FOR USE OF SCHOOL NO. 69 - 1677 CLINTON
(A.K.A. 1725 CLINTON) - LOVEJOY DISTRICT
The Office of Strategic Planning, Division of Real Estate, has received the attached easement agreement from Niagara Mohawk Power Corporation and Verizon
New York, Inc. for use of city owned property located at 1677 Clinton - School No. 69 (a.k.a. 1725 Clinton). They are requesting a utility easement for property as
described in the attached proposed easement "Exhibit A".
The Board of Education has indicated that this easement is necessary for a school upgrade project.
This office has contacted the Department of Public Works, Parks & Streets and they have no objections and/or conditions in reference to the attached proposed
easement.
I am, therefore, recommending that Your Honorable Body approve this easement agreement, that the Law Department review said agreement for their approval as
to form and authorize the Mayor to execute the same.
Mr. Coppola moved:
That the above communication from the Department of Strategic Planning dated November 21, 2005, be received and filed; and
That the Director of Real Estate be, and he hereby is authorized to enter into an easement agreement between the City and Niagara Mohawk Power Corporation
and Verizon New York, Inc. for use of city-owned property located at 1677 Clinton - School No. 69 (a/k/a 1725 Clinton). That the Corporation Counsel be, and he
hereby is authorized to review said agreement and that the Mayor be authorized to execute the same.
PASSED
AYES - 7 NOES - 0
FROM THE COMPTROLLER
NO. 12
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
FUND BALANCE
CAPITAL PROJECTS
We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20-11 of the Charter, that an increase in the sum of
$470,000 in the estimate for the fiscal year beginning January 1, 2005 is necessary in Capital Improvements to meet a contingency which could not have been
reasonably foreseen when the budget was adopted. The increase is needed for the design costs associated with the Bailey/Abbott and Bailey/Kensington
firehouses. The amount of increased appropriations will be met from the Unreserved/Designated Fund Balance for Reengineering Agreements. The details of the
requirements are set forth below:
From:
10700096 - 397000 Unreserved/Designated Balance for Reengineering Agreements $470,000
To:
17523008 - 489130 Transfer out to Capital Project $470,000
From:
17523008 489130 Transfer out to Capital Project $470,000
To:
Bailey Abbott Firehouse $220,000
Bailey Kensington Firehouse $250,000
Dated: Buffalo, NY, October 3, 2005
RECEIVED AND FILED
NO. 13
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
DIVISION OF WATER
We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo, Comptroller, do hereby certify, pursuant to §20-12 of the Charter, that it is necessary that the sum
of $4,200 be transferred and reappropriated within the Division of Water, as set forth below:
From
Water Board Administrative Services
53023516 - 432003 Legal Services $4,200
Distribution Systems Services
53003726 - 480000 Other Services $4,200
Dated: Buffalo, NY, November 21, 2005
RECEIVED AND FILED
FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION
NO. 14
BOARD OF ASSESSMENT REVIEW VACANCIES
Henry Osinski, who has served on the Board of Assessment Review for over ten years, has resigned his permanent appointment to the Board due to personal
reasons. As a result of Mr. Osinski's resignation we only have four (4) permanent members available to serve and no temporary members to cell upon if necessary
to make a quorum. The four (4) permanent members are Keith Barnes, Edward Hemdon, Coralia Hetzner and William Maggio.
In spite of lower challenge numbers we need to have all five (5) permanent and two (2) temporary members to guarantee daily quorums in case of member
absences. By state provision, any new or re-appointed member must receive training from the Erie County Director of Real Property Services and be certified to New
York State before assuming the duties of a board member. Board of Assessment Review member training has been scheduled with the County Director for Tuesday,
January 3, 2006.
It is absolutely imperative that the integrity and fairness of the Board of Assessment Review and the Department of Assessment and Taxation be maintained to
continue to promote public trust. Board of Assessment Review members must serve as an impartial, ethical, unbiased and beyond reproach body, heading the
assessment challenges of the public and objectively weighing the owner's evidence and arguments.
Therefore, I am respectfully requesting the Common Council to appoint one (1) permanent member to the Board of Assessment Review to replace Henry Osinski
and to appoint two (2) temporary members to serve no more than twenty days as needed during the time period of January 2006 to mid-February 2006.
LAID ON THE TABLE
NO. 15
RESOLUTION #124
C.C.P. NOVEMBER 15, 2005
PROVIDING FINANCIAL ASSISTANCE TO FIRST-TIME HOME BUYERS
This is in response to Councilmember Thompson's Resolution to provide financial assistance to first-time home buyers who purchase City-owned properties from the
City of Buffalo Real Estate Office or from the City of Buffalo Foreclosure Auction.
The Department of Assessment and Taxation supports programs that will stabilize neighborhoods and return tax-exempt City-owned properties to the tax rolls
thereby increasing the City's tax base.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
FROM THE COMMISSIONER OF PUBLIC WORKS
No.16
72 Leroy Avenue;
Conduit within City right of way
Masten District
Mr. James Mulka, Project Manager of Greater Buffalo Savings Bank located at 72 Leroy Avenue, has requested permission to install conduit within City right of way
across Leroy Avenue. The conduit would connect security cameras and swipe card access from a remote parking lot to their corporate headquarters underneath
Leroy Avenue. The installation will be a 2" schedule 80 PVC conduit with two communication (non-electrical) cables, one for security cameras and one for card swipe
access at the entry gates.
The Department of Public Works, Parks and Streets has reviewed this request pursuant to Chapter 413-67 (Encroachment Regulations) of the City Ordinances and
has no objection to Your Honorable Body authorizing the Commissioner of Public Works, Parks and Streets to issue a "Mere License" to Greater Buffalo Savings
Bank for said conduit installation provided the following conditions are met:
1. That Greater Buffalo Savings Bank obtain any and all City of Buffalo permits necessary for said installation,
including a street cut permit.
2. That the conduit be installed, and City right of way restored, according to Department of Public Works, Parks and
Streets Standard Specifications.
3. That Greater Buffalo Savings Bank supply the Department of Public Works, Parks and Streets with a set of "as
built" plans depicting the exact location of said conduits upon completion of the project.
That Greater Buffalo Savings Bank provide the Department of Public Works, Parks and Streets with a five thousand dollar construction in street bond or Certificate of
Insurance which will indemnify and save harmless the City of Buffalo against any and all loss and damage arising out of the construction, maintenance, use and
removal of said conduit.
5. That, as an owner of underground facilities, Greater Buffalo Savings Bank become an active member of Dig Safely
New York as required by New York State Law, Code 753.
Mr. Coppola moved:
That the above communication from the Department of Permit & Inspections Services dated November 28, 2005, be received and filed; and
That the Commissioner of Department of Permit & Inspections Services be, and he hereby is authorized to issue a "mere license" to Greater Buffalo Savings Bank,
applicant, located at 72 Leroy Avenue, to install a 2" schedule 80 PVC conduit with two communication (non-electrical) cables, one for security cameras and one for
card swipe access at the entry gates, which would encroach city right-of-way at said address, subject to the conditions as listed above.
PASSED
AYES –7 NOES – 0
NO. 17
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, Plumbing Work, L & D Johnson Plumbing &
Heating, C #92010962.
1. Extend water line service to Buell Street. Add $ 5,179.05
2. Credit for work not required under allowance for gas service. Deduct $ 6,584.80
3. Omit concrete pad under oil/water separator. Deduct $ 525.00
4. Omit grease trap and garbage disposal. Deduct $ 2,675.00
The foregoing change results in a net decrease in the contract of Four Thousand Six Hundred Five and 75/100 Dollars ($-4,605.75).
Summary:
Current Contract Amount $222,000.00
Amount of This Change Order (#1) $ 4,6O5.75
Revised Contract Amount $217,394.25
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 to be credited to 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 November 16, 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. 1, to L & D Johnson Plumbing & Heating, a
decrease in the amount of $4,605.75, as more fully described in the above communication, for work relating to Job No. 0433, Delavan Fillmore Fire Station,
Construction, C #92010962. Funds for this project are to be credited to 30062206 445100 - Division of Buildings.
PASSED
AYES –7 NOES - 0
NO. 18
Change in Contract
Delaware Park Labor Center
Roof Reconstruction
Job #0527
Delaware District
I hereby submit to Your Honorable Body the following changes for the Delaware Park Labor Center, Roof Reconstruction, Jameson Roofing Co., Inc., C #92011055.
1. Additional work required when tearing off the roof due to the presence of conduit on top of the existing deck. Add $ 1,290.03
The foregoing change results in a net increase in the contract of One Thousand Two Hundred Ninety and 031100 Dollars ($1,290.03).
SUMMARY:
Current Contract Amount $108,528.00
Amount of This Change Order (#1) $ 1,290.03
Revised Contract Amount $109,818.03
Costs have been reviewed by the Department of Public Works, Parks & Streets and were found to be fair and equitable. Funds for this work are available in
38321106 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 November 16, 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. 1, to Jameson Roofing Co., Inc., an increase
in the amount of $1,290.03, as more fully described in the above communication, for work relating to Job No. 0527, Delaware Park Labor Center, Roof
Reconstruction, C #92011055. Funds for this project are available in 38321106 445100 - Division of Buildings.
PASSED
AYES –7 NOES – 0
NO. 19
Change in Contract
Main Mercer Fire Station
Expansion and Reconstruction
Job #0422
Masten District
I hereby submit to Your Honorable Body the following changes for the Main Mercer Fire Station, Expansion and Reconstruction, The Peyton Barlow Co., Inc., C
#92010964.
1. JM #46 - Furnish and install one dedication bronze plaque as shown on SKA-01 Wall Plate. Add $ 3,020.00
The foregoing change results in a net increase in the contract of Three Thousand Twenty and 00/100 Dollars ($3,020.00).
SUMMARY
Current Contract Amount $1,185,459.05
Amount of This Change Order (#10) Add $3,020.00
Revised Contract Amount $1,188,479.05
Costs have been reviewed by the Consulting Architect (Bergmann Associates) and the Department of Public Works, Parks & Streets and were found to be fair and
equitable. Funds for this work are available in 38320206 445100- Division of Buildings.
I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated November 23, 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. 10, to The Peyton Barlow Co., Inc., an
increase in the amount of $3,020.00, as more fully described in the above communication, for work relating to Job No. 0422, Main Mercer Fire Station, Expansion
and Reconstruction, C #92010964. Funds for this project are available in 38320206 445100 - Division of Buildings.
PASSED
AYES – 7 NOES -0
NO. 20
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. Add work to correct installed conduit for 3M Detection System. Add $ 1,158.14
The foregoing change results in a net increase in the contract of One Thousand One Hundred Fifty Eight and 14/100 Dollars ($1,158.14).
SUMMARY:
Current Contract Amount $528,808.27
Amount of This Change Order (#12) $ 1,158.14
Revised Contract Amount $529,966.41
Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, 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 November 21, 2005, be received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 12, to Tunney Electric, Inc., an increase in the
amount of $1,158.14, 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 – 7 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, Plumbing/Fire Protection Work, W. C. Roberson
Plumbing and Construction Corp., C #92010850.
1. RF1#169.1- Provide and install main skylight upper sprinkler heads. Add $ 6,779.25
2. RF1#169.2-Provide and install main skylight lowers prinkler heads. Add $ 5,606.25
The foregoing change results in a net increase in the contract of Twelve Thousand Three Hundred Eighty Five and 50/100 Dollars ($12,385.50).
SUMMARY:
Current Contract Amount $200,230.04
Amount of This Change Order (#3) Add $ 12,385.50
Revised Contract Amount $212,615.54
Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, 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 November 21, 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. 3, to W. C. Roberson Plumbing and
Construction Corp., an increase in the amount of $12,385.50, as more fully described in the above communication, for work relating to Job No. 0324, North Jefferson
Library, Construction, Plumbing/Fire Protection Work, C #92010850. Funds for this project are available in 38321006 445100 - Division of Buildings.
PASSED
AYES – 7 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, Electrical Work, Tunney Electric, C #92010831.
1. RFI #142 - Furnish and install surface mounted fixture to replace suspended semi-indirect fixtures.
Add $1,760.65
The foregoing change results in a net increase in the contract of One Thousand Seven Hundred Sixty and 65/100 Dollars ($1,760.65).
SUMMARY:
Current Contract Amount $529,966.41
Amount of This Change Order (#13) Add $ 1,760.65
Revised Contract Amount $531,727.06
Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, 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 November 23, 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. 13, to Tunney Electric, Inc., an increase in the
amount of $1,760.65, 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 – 7 NOES –0
NO. 23
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.
1. RFI #71 - Hardware changes required due to changes to the building security. Add $ 4,174.50
The foregoing change results in a net increase in the contract of Four Thousand One Hundred Seventy Four and 50/100 Dollars ($4,174.50).
SUMMARY:
Current Contract Amount $3,099,620.86
Amount of This Change Order (#14) Add $ 4,174.50
Revised Contract Amount $3,103,795.36
Costs have been reviewed by the Consulting Architect (Robert Traynham Coles, Architect, PC) and the Department of Public Works, Parks & Streets and were
found to be fair and equitable. Funds for this work are available in 38321006 445100 - Division of Buildings.
I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order to the contractor as set forth above.
Mr. Coppola moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated November 16, 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 Patrick Development of WNY, Inc., an
increase in the amount of $4,174.50, as more fully described in the above communication, for work relating to Job No. 0324, North Jefferson Library, Construction,
General Construction. Funds for this project are available in 38321006 445100 - Division of Buildings.
PASSED
AYES – 7 NOES – 0
NO. 24
D. Franczyk-M. Wesolowski
Repairs to 385 Paderewski and 129 Lewis
Item No. 48, C.C.P. 11/15/05
The referenced item was sent to this department for comment.
Assuming that sufficient funds, for the renovation of City-owned buildings, are allocated in the 2006 Capital Budget, this department will undertake the requested
repairs to 385 Paderewski and 129 Lewis as soon as bonds are sold.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 25
Wiltel - Williams Communications
"C. Wallace-WilTeI-Req. to Renew or Enter Into New Agree.-Fiber Optic Facilities"
(#138 C.C.P. Sept. 7, 2005)
Attached is a copy of the previous telecommunications license agreement with Williams Communications, as requested by this Honorable Body.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 26
Vehicle Parking on Jefferson Avenue
Main St. to Delavan Ave.
CCP # 112 of 10/18/02
This is in response to the subject item, which was referred to our department for a response.
As stated in the original item of 10/18/05, restrictions were changed on Main St., Jefferson Ave. and Delavan Ave. to allow on street parking in the vicinity of Canisius
College. In regard to Jefferson Ave., the restrictions were repealed on the west side only which has no intersecting side streets and is primarily occupied by a
parking ramp structure. The west side was chosen because of these conditions in order to minimize any conflicts and/or visibility problems, which are the source of
the complaint.
As this time our department feels that traffic conditions on Jefferson Ave. are acceptable and does not recommend removal of the parking. We will continue to
monitor the conditions in the area to determine if any further action is required.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 27
Certificate of Appointment
Appointment Effective: 11/18/2005 in the Department of Public Works, Parks & Streets Division of Engineering to the Position of Administrative Assistant
PERMANENT PROMOTION INTERMEDIATE Starting Salary of: $34,796
Karen Harding 169 Garner Avenue Buffalo 14213
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF POLICE
No. 28
["Amendment to Enforcement of Noise Ordinances -July 2005"]
[Item #151, C.C.P. April 13, 2004:]
The following information is submitted per the Council's request for a monthly report from the Buffalo Police Department documenting the number of noise ordinance
citations and adjudications:
October 2004 October 2005
Total:8 Total: 45
RECEIVED AND FILED
NO. 29
["Enforcement of Illegal Dumping Ordinances"]
[Item #151, C.C.P. April 13, 2004:]
The following information is submitted per the Council's request for a monthly report from the Buffalo Police Department documenting the number of citations and
adjudication's thereof of the city's illegal dumping ordinances:
October 2004 October 2005
Total: 8 Total: 6
RECEIVED AND FILED
NO. 30
Return from Leave of Absence
Police Officer Jeffrey Tucker assigned to Flex, returns from his medical leave of absence without pay effective 0001 hrs on November 17, 2005
Report Technician Sandra Brown assigned to the CIR Unit, returns from her medical leave of absence without pay effective 0001 hrs on November 22, 2005.
Police Officer Melissa Perez assigned to the C District, returns from her military leave of absence without pay effective 0001 hrs on November 21, 2005.
RECEIVED AND FILED
FROM THE COMMISSIONER OF FIRE
NO. 31
DCJS#WM05834255 METROPOLITAN MEDICAL
RESPONSE SYSTEM GRANT
We are requesting approval to accept and expend MMRS Grant #WM05834255 funds totaling $227,592. These funds will be used to enhance the local jurisdictions'
preparedness to respond to any range of mass casualty incidents from chemical, biological, radiological, nuclear and explosive events to epidemic outbreaks,
national disasters and large-scale hazardous materials incidents.
These funds will be expended in accordance with the approved budget.
Mr. Coppola moved:
That the above communication from the Commissioner of Fire dated November 14, 2005, be received and filed; and
That the Commissioner of Fire, be, and he hereby is authorized on behalf of the City to accept and expend MMRS Grant #WM05834255 funds totaling $227,592.
The funds will be expended in accordance with the approved budget.
Passed.
AYES – 7 NOES – 0
FROM THE CORPORATION COUNSEL
NO. 32
Cite Gas Stations and Food Stores for Noise Violations:
Item #103, C.C.P. 11/15/05
I am in receipt of the above-referenced Common Council Communication. As per the request of your Honorable Body, I am providing information regarding
citing gas station and food store owners for noise violations.
The City of Buffalo cannot legally implement an ordinance requiring gas station and food store owners to he cited for noise violations caused by customers to their
establishments. You cannot hold an owner vicariously liable for the actions of another person, nor can the City of Buffalo transfer its police power to the owners by
enforcing a local noise ordinance. Furthermore, the owners would not be able to determine when a violation is actually occurring without the proper decibel meter
device.
However, the City of Buffalo could require businesses to post a sign identifying the appropriate section of the Buffalo Code, and advising that customers must
comply with this law.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 33
Contract for Parking Management
Services - Buffalo Civic Auto
Ramps (BCAR)
(Item No. 96, C.C.P., 7/26/05)
On July 26, 2005, the Common Council authorized the Board of Parking to accept the proposal of Buffalo Civic Auto Ramps, Inc. (BCAR) to operate the
downtown parking system subject to the completion of successful contract negotiations. After extensive negotiations between the Board of Parking and BCAR, a
proposed agreement is submitted herewith for your approval. A summary of the background and proposed agreement is as follows:
I. BACKGROUND:
This item requests authorization and approval for the City of Buffalo ("City") to enter into a Management Agreement with Buffalo Civic Auto Ramps, Inc. ("BCAR"), a
New York not-for-profit corporation, for the management of 9 city-owned downtown parking ramps and lots (Robert Fernbach, Mohawk, Robert B. Adam, Main Place,
HSBC, Charles R. Turner, Owen B. Augspurger, Ellicott-Oak and Court Franklin Surface Lot) ("Parking Facilities").
BCAR has operated the Parking Facilities as an agent of the City on a non-profit basis pursuant to the terms of a 1999 Management Agreement ("1999 Agreement").
The term of the 1999 Agreement expired on June 30, 2004 but has been extended on a month-to-month basis by resolution of the City Board of Parking ("Parking
Board"). Since June 30, 2004, BCAR has continued to operate the Parking Facilities as an agent of the City on a month-to-month basis in accordance with the terms
of the 1999 Agreement and in compliance with the City's Living Wage Ordinance.
In February 2005, the Parking Board issued a Request for Proposals ("RFP") seeking submissions from all interested parties for management services for the
Parking Facilities. The RFP set forth the general terms required by the Parking Board for the management of the Parking Facilities. In response to the RFP, the
Parking Board received several proposals, including a proposal from BCAR and from private parking operators. After review and deliberation, and analysis by an
outside consultant, the Parking Board voted to select BCAR's proposal. The attached proposed BCAR Management Agreement submitted for approval is the result
of negotiations between the Parking Board and BCAR as to the specific terms required for the management of the Parking Facilities.
II. SUMMARY OF AGREEMENT:
The City and BCAR desire to continue the successful downtown public parking program of the past more than 50 years and enter into a new Management
Agreement which will assure the continued financial soundness of the program in the years ahead, by continuing to avoid the need for any subsidy from the City
General Fund in connection with the Parking Facilities; adequately funding reserves; and providing for annual payments to the City Parking Enterprise Fund and
$850,000 to the City General Fund, and continuing to comply with the City's Living Wage Ordinance. Additionally, the Management Agreement will allow for the
continuation of the non-application of sales tax to the Parking Facilities' fees, and complies with all bonding covenants.
Highlights of some of the specific provisions of the proposed Management Agreement are as follows:
1. The term of the proposed Management Agreement will commence January 1, 2006, and continue for three (3) years. The proposed Management Agreement
may thereafter be extended for two (2) additional terms of one (1) year each, each extension at the sole discretion of the Parking Board.
2. The City General Fund shall receive an annual sum of $850,000 from the City Parking Enterprise Fund. After paying the Parking Facilities' operating expenses
and debt service, and funding a reserve account, a minimum of $400,000 from the remaining Parking Facilities' Net Operating Revenues shall be utilized to fund the
$850,000. In the event that less than the remaining $450,000 balance of the $850,000 is available from the operation of the Henry J. Osinski Ramp at Millard
Fillmore Hospital, Buffalo General Hospital and John C. Gallagher, St., hospital ramps, such shortfall, in an amount not to exceed $350,000, shall be covered by an
additional amount to be paid from the remaining Parking Facilities' Net Operating Revenues.
3. Parking rates for the Parking Facilities shall be set by the Parking Board. The Parking Board shall endeavor to set such rates in order to provide the public with
the lowest cost possible for parking in the Parking Facilities, consistent with the obligation to pay the Parking Facilities' operating expenses and debt service, fund a
reserve account, meet the annual commitment to the City General fund and continue to comply with the City's Living Wage Ordinance. Prior to setting any such
parking rates, the Parking Board shall request the input of BCAR. Once the Parking Board has formulated a proposal to set such new rates, BCAR shall have 30
(thirty) days to review and comment upon such proposal. Absent further action by the Parking Board, such new rates shall become effective upon the expiration of
such 30 (thirty) day period. BCAR may recommend changes in such parking rates, but such changes shall not become effective until specifically approved by the
Parking Board.
4. As part of the Parking Facilities' operating expenses, BCAR is obligated to maintain, preserve and keep the Parking Facilities in good repair, working order and
condition, and BCAR shall make all necessary and proper repairs replacements and renewals in accordance with a maintenance schedule.
5. BCAR shall be required to provide the Parking Board with annual line item budgets, and monthly variance reports for each line item. BCAR shall also provide the
Parking Board with an annual financial and management audit prepared by an independent CPA firm.
6. Funds in the Parking Facilities' reserve account shall be used exclusively (i) for the purpose of paying any Parking Facilities' debt service which is not paid out of
Net Operating Revenue payments (ii) for the major repair, replacement of, additions to and structural alterations of the Parking Facilities, (iii) for major alterations,
additions, improvements, unusual replacement or renewal to the fixtures or equipment related to the Parking Facilities, (iv) for the purpose of constructing new public
parking facilities in the City, and (v) for the conduct of parking studies, engineering evaluations, of the Parking facilities; and for no other purpose without the prior
written consent of the Parking Board.
7. In the event that the Parking Facilities' Net Operating Revenues are insufficient to meet debt service obligations, the City may terminate the Management
Agreement on 30 (thirty) days notice to BCAR. The City may also terminate the Management Agreement with respect to one or more of the Parking Facilities, upon
90 (ninety) days notice to BCAR, whenever such Parking Facility is determined not to be structurally sound and secure.
Your permission is sought to authorize the Board of Parking to execute the attached agreement.
REFERRED TO THE COMMITTEE ON FINANCE
Mr. Thompson Took his seat at 2:20 pm
No. 34
Hold Over Board Appointments
Item #112, C.C.P. 11/1/05
I am in receipt of the above-referenced Common Council Communication. As per the request of your Honorable Body, I am providing information regarding
hold over Board appointments.
The requested amendment to the City Charter would require a local law passed by the Common Council and the Mayor, as well as a referendum pursuant to Section
23 of the NYS Municipal Home Rule Law. The referendum would be required, as the amendment would diminish the power of the Mayor.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 35
McCombes, Joseph- 870 Hertel
Avenue Claim (North)
(Item No. 49, C.C.P., 11/15/05)
The above captioned item was referred to this office and the Claims Committee for comment. The City of Buffalo Public Works Department constructed a new
firehouse at 860 Hertel Avenue. Joseph P. McCombes owns a two-family house next door to the firehouse. At the end of the construction, it was determined that
the cave of the firehouse overhangs the property line by approximately three (3) feet. The Public Works Department asked the Real Estate Department to obtain
an easement from the property owner. The easement area consisted of a portion of the property three (3)feet wide and one hundred and forty feet (140')long. John
Harmon contacted Mr. Combes and offered him the sum of $2,500.00 on the basis of his valuation of five dollars ($5.00) per square foot. Mr. McCombes,
through his attorney, asked the City of Buffalo if the City would purchase the house. The Real Estate Division advised his attorney that only an easement was
needed. The land is assessed at $5,000.00 and the parcel with the house has a total assessed valuation of $34,000.00.
On October 14, 2005, Mr. McCombes' attorney filed a Notice of Claim seeking unspecified damages for loss of value to his property at 870 Hertel Avenue. Mr.
McCombes' attorney also asked the City to remove the overhang. I called Mr. McCombes' attorney in early November. We had a cordial conversation. He inquired
whether the City would purchase the entire parcel. I advised him that I had no authorization to negotiate a purchase of the property in its entirety from either the
Public Works Department or the Common Council. I further stated that although eminent domain was possible, the City had no interest in pursuing that option and
would like to work out a mutually agreeable compromise. I suggested that he make a counteroffer with an appraisal to support it and that I would forward it to the
Real Estate Department for consideration. I did not receive a response from his attorney.
On November 16, 2005, I called his attorney Mark Rodgers again. We again had a cordial conversation. He stated that his client, Mr. McCombes, is working on
getting an appraisal and that he would be submitting a counter proposal to the City around December 1, 2005 after his client returns from vacation.
REFERRED TO THE COMMITTEE ON CLAIMS
NO. 36
Johnnie B. Wiley Stadium
Item #52, C.C.P. 10/4/05
I am in receipt of the above-referenced Common Council Communication. As per the request of your Honorable Body, I am providing information regarding the
amendment of the Intermunicipal Cooperation Agreement between the City of Buffalo and the County of Erie for the operation of the City of Buffalo parks.
Any amendment to the above-referenced Agreement, including the removal of the Johnnie B. Wiley Sports Pavilion from the Agreement, would require written
consent from both the City of Buffalo (the Common Council and the Mayor) and the County of Erie (the County Legislature and the County Executive) as
outlined in Article XX of the Parks Agreement.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 37
Re-use of City of Buffalo Closed Libraries
The following City of Buffalo libraries have formal re-use plans by the City of Buffalo and/or community organizations in cooperation with the City and its agencies:
1. Northwest Branch (Massachusetts Avenue Project)
2. Fairfield Branch (Parkside Community Association)
3. Mead Branch (Reading Room)
4. Fronczak Branch (If closed, Polish language collection only to the City of Buffalo).
It is my understanding that the remaining City of Buffalo branches do not have reuse plans, and Erie County will move forward with the closing process soon. Please
forward at your convenience the following:
1. Deed of Transfer with inventory list attached for each branch identified above; 2. Keys to the individual branches identified above to the Director of Real Estate.
If you require anything further, please contact me at 716.851.4313. Otherwise, thank you for your time and assistance with this matter.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 38
Transfer of Division of Forestry
Item #111, C.C.P. 11/1/05
I am in receipt of the above-referenced Common Council Communication. As per the request of your Honorable Body, I am providing information regarding transfer
of the Division of Forestry back to the City of Buffalo.
Any amendment to the Intermunicipal Cooperation Agreement for the operation of the City of Buffalo parks system, including the transfer of the Forestry Division
back to the City of Buffalo, would require written consent from both the City of Buffalo (the Common Council and the Mayor) and the County of Erie (the County
Legislature and the County Executive) as outlined in Article XX of the Parks Agreement.
With respect to withholding the payments made by the City of Buffalo pursuant to the Agreement would not be advisable, as that would be considered a breach of
contract, and the consequences of that breach could be enforced outlined in Articles VIII and XVIII of the Agreement.
REFERRED TO THE COMMITTEE ON LEGISALTION
FROM THE COMMISSIONER OF PERMIT & INSPECTION SERVICES
NO. 39
Food Store License
3428 Bailey (University)
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
3428 Bailey and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and
according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all
regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISALTION
NO. 40
Food Store License
976 Kensington (University)
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 976
Kensington and find that as to form is correct. I have caused an investigation into the premises for which said application for a food store license is being sought and
according to the attached reports from the Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all
regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 41
Food Store License
322 Northland (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 322
Northland 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 fend it complies with all
regulations and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 42
Licensing of Property Managers
(Item No. 115, C.C.P. 11/1/2005:
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 responsible for the issuance of approximately one hundred different types of Licenses. It would
seem that a criteria would have to be established as to how many properties are being managed by an individual that would require them to be licensed to perform
property management services in the corporate limits of the City of Buffalo. Currently a "Construction Manager" type of License requires Liability Insurance with a
minimum of $ 50,000.00 to $ 500,000.00 (aggregate) of Liability Insurance and Workman's Compensation if the Construction Manager has employees performing
work directly for them. I am providing this information to your Honorable Body to assist you in your deliberation concerning this matter. Please be advised that the
Department of Permit and Inspections Services stands ready to meet with or assist in the drafting of an ordinance concerning the licensing of Property Managers. It
is my sincere hope that this response satisfies your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 43
Providing Financial Assistance to first time Home Buyers
(Item No. 106, 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 responsible for the enforcement of Title 19 of the New York State Fire Prevention and Building
Code. Our primary concern is the health and safety of the residents of the City of Buffalo. The renovation of vacant and abandoned structures has long been a goal
that has eluded our best efforts. It is indeed a shame to demolish structures that may be repairable. If I may suggest, the duties of the Department of Strategic
Planning, Division of Planning may be best equipped to provide relevant information in reference to the intent of this resolution. Please also be advised that the
Department of Permit and Inspection Services is willing to assist this endeavor in any way possible. It is my sincere hope that this response satisfies your inquiry.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 44
Restaurant Dance Class 1V
220 Franklin (Ellicott)
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a Restaurant Dance Class IV
License located at 220 Franklin and find that as to form is correct. I have caused an investigation into the premises for which said application for a Restaurant Dance
Class IV 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 John Hofmann. The attached thereto for
John Hofinarm d/b/a The Goldmine. 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 15, 2005, be received and filed; and
That pursuant to Chapter 150 of the City Code, the Commissioner of Permit and Inspections Services be, and he hereby is authorized to grant a Restaurant Dancing
Class 1V License to John Hofmann d/b/a The Goldmine, located at 220 Franklin Avenue.
Passed.
AYES – 8 NOES – 0
NO. 45
Request for Assistance from the Environmental Protection Agency
in Demolishing and Remediating 537 East Delevan Ave
Ext. (Item No. 124, C.C.P. November 1, 2005:
I am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the following information. On September 22, 2004
Building Inspector Michael Muscarella cited this property for Housing Court. At the time of the drafting of the summons and complaint, eighteen different Housing and
Property Code violations were cited. The counts vary from an unoccupied structure to garbage and illegal storage. The brickwork on the exterior has been cited for
the need of repair. There is currently a Bench Warrant on file for the owner of this property. As of this writing the Building Inspector assigned to this project has been
working along with the legal representatives of the Department of Strategic Planning to petition the Department of Environmental Protection Agency to investigate
this structure and possibly assist in its demolition. We will continue to monitor this situation for the Housing Court of the City of Buffalo and will continue our
communications with the Department of Strategic Planning. It is my sincere hope that this response satisfies your inquiry.
RECEIVED AND FILED
NO. 46
Second Hand Dealer
1417 Hertel (Delaware)
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 1417 Hertel 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 Ruby Ocasio. The attached thereto for Ruby Ocasio d/b/a
Voluptious Diva. 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 14, 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 Ruby Ocasio d/b/a Voluptuous Diva located at 1417 Hertel Avenue.
PASSED
AYES – 8 NOES - 0
FROM THE COMMISSIONER OF COMMUNITY SERVICES
NO. 47
YEAR 31 COMMUNITY DEVELOPMENT QUARTERLY REPORTS (AUGUST THROUGH OCTOBER 2005)
Attached please find Quarterly Reports for Year 31 Community Development Block Grant Funded Public Service Agencies including four Fair Housing Contracts.
These Community Based Organizations provide various Public Service needs through the City of Buffalo. Services include, but are not limited to Youth, Senior
Citizen, Cultural Enrichment, Literacy and Special Needs (Physically or Mentally Handicapped).
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
FROM THE BOARD OF EDUCATION
NO. 48
"A. THOMPSON-DISSATISFACTION WITH THE COMMENCEMENT
ACADEMY"
ITEM#54, C.C.P. 11/15/050
Overview
Standardized and New York State testing of our grade 8 students last year, showed almost 75% of district Grade 8 students scored below standard on their English
Language Arts and Mathematics assessments. The Board of Education gave the district the charge of meeting the special needs of this group of students. A
Commencement Academy was instituted in the summer of 2005 as a direct response to the Board of Education's mandate.
The purpose of the Academy was to not allow these students to move to Grade 9 without having the skills to successfully meet the challenges of high school
curriculum. This is in part a response to a New York State study on high school completion. The study found that failure to score at Benchmark level on the Grade 8
New York State assessments was an indicator of a student who would not graduate from high school. By establishing, for this group of students, a specialized
curriculum focusing on strong language and mathematics skills, the district is assuring these students a better chance to complete high school and move into a post-
secondary school or profession.
Response to concerns:
1. Parents were informed of the Commencement Academy program this summer through public meetings and the media. They were asked to sign a contract to
support their child in this program. At no point was this program presented as an option for these students. No exceptions were made.
2. These Commencement Academy students all passed enough of their Grade 8 coursework to receive an elementary school diploma. Unfortunately their state
testing indicated they did not meet minimum state proficiencies in both English Language Arts and Mathematics. They are not Grade 9 students. They are being
given grade 9 coursework with additional support to bring their skills to proficient levels. No Commencement Academy student is receiving Grade 8 coursework
a. These students were never going to be considered Grade 9 students, but the District was working with the
New York State Education Department on how to code them. The State decided they would be coded
Grade 8, and as such they are required to take the New York State Intermediate Assessments in English
Language Arts, Mathematics, Science, and Social Studies.
b. Most of the Commencement Academy coursework leads to Grade 9 credit. There are no "resource" courses being taught.
c. Teacher training in new programs is ongoing for every district program. Some of this training takes
place during the school day.
Determination of completion of Grade 8 is a decision made by the Local Education Agency, the Buffalo district. This is not a state decision. With support and summer
coursework, motivated students will complete their high school graduation requirements in four years.
REFERRED TO THE COMMITTEE ON EDUCATION
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
NO. 52
MBEC Committee
Please file the attached Bevlar &Associates, Inc. Executive
Summary presented to the MBEC Committee on Monday,
November 14, 2005.
Please refer to the MBEC Committee.
BEVLAR
ASSOCIATES
ADDENDUM i, PHASE II PROJECT September 2005
EXECUTIVE SUMMARY
Bevlar & Associates, Inc. (Bevlar) was selected by the Joint Schools Construction Board (JSCB) to consult with and to provide assistance in developing,
implementing and monitoring the JSCB's Workforce and Business Diversification Plan with respect to architects, professional services providers and contractors on
the Addendum #1, Phase II Project Reconstruction Program and the E Rate District Wide Project.
The Addendum #1, Phase II Project consists of renovations at PS # 6 Buffalo Elementary School of Technology, PS # 33 Bilingual Center, PS # 37 Futures
Academy, PS # 39 Dr. Martin Luther King, Jr. Multicultural Institute, PS # 69 Houghton Academy, PS # 82 Early Childhood Center, PS # 90 Drew Science Early
Childhood Center, PS # 91 Build Academy, PS # 94 West Hertel Academy, PS # 95 Waterfront Elementary, BPS School 192 Buffalo Academy for Visual and
Performing Arts, PS # 200 Bennett High School, PS # 304 Hutchinson Central Technical High School and the E-Rate District Wide Technology Project, which
consists of technological renovations to various Buffalo Public Schools.
Bevlar collects architectural information in order to prepare its monthly reports. Monitoring of the architectural, professional services providers and construction work
sites is the major source of the information, which is then verified by certified payroll submissions.
The tables contained in this report reflect the activity of those architects, professional services providers and contractors working on the Addendum # 1, Phase II
Project and the E-Rate Project during the month of September. The report also contains The Architect and Construction M/WBE Participation tables, which depict
the architects' and contractor' M/WBE participation according to the DDP3A forms they have provided. The DDP3As contain information relative to the
actual
awarding of contracts and/or purchase orders to M/WBEs and the amounts paid to date.
According to the information collected, the Architectural MBE percentage of the work is projected to be 27.35% and the WBE portion, 1.97%. To date, 48.66% of the
MBE portion has been completed and paid and 69.13% of the WBE portion has been completed and paid.
During September, the minority workforce participation for architects for the entire Addendum
1, Phase II Project to-date was below the JSCB goal at 18.00~. The women workforce participation for the same period was above the goal at 20.27%.
According to the information collected, the Construction MBE percentage of work is projected
° • •
TRI-MAIN CENTER 2495 Main Street, Suite 310 Buffalo, NY 14214-2154 • (716) 446-5544 Fax (716) 446-5588
to be 25.23% and the WBE portion, 9.44%. To date, I0.20% of the MBE portion has been completed and paid and 5.91% of the WBE portion has been completed
and paid.
During September, the minority workforce participation for construction for the entire Addendum 1, Phase II Project to-date was above the JSCB goal at 33.85%. The
women workforce participation for the same period also exceeded the goal at 8.60%.
Bevlar conducted Contract Compliance Reviews on the professional services providers October 12th and 13th. The report highlights those firms that responded and
attended the reviews. Most of the firms, in spite of the orientation Bevlar provided previously, did not understand their M/ WBE or workforce obligations. Bevlar
provided a disk which contained all of the forms and instructions for filling them out. What Bevlar learned from those that attended was that they had various types of
contractual arrangements.
Most of the professional services providers did not have sufficient M/WBE or minority and women workforce documentation. However, all of those interviewed stated
they would provide the required paperwork. The reviews will be concluded this month and the results reported in the October report.
Below are the Minority and Women Workforce Utilization Table and M/WBE Utilization Tables:
WHICH ARE AVAILABLE FOR REVIEW IN THE CITY CLERKS OFFICE
REFERRED TO THE MINORITY BUSINESS ENTERPRISE COMMITTEE
NO. 49
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
31 Johnson Park No Name Given Patrick Kelleher
2134 Seneca St. Blackthorn Restaurant & Pub Patrick C. Lalley
3148 Main St. Heise Dev. LLC Patrick Kelleher
RECEIVED AND FILED.
NO. 50
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:
Public Works, Parks & Streets-C. Evans
Police-S. Maraschiello
RECEIVED AND FILED.
NO. 51
APPOINTMENTS-TEMPORARY, PROVISIONAL OR PERMANENT
I transmit herewith Appointments in the various departments made at the Minimum (Temporary, Provisional or Permanent) (as per contract requirements).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF PUBLIC WORKS, PARKS & STREETS
Appointment Effective 11/21/2005 in the Department of Public Works, Parks & Streets, Division of Buildings, to the position of Senior First Class Stationary Engineer,
Temporary, at the flat starting salary of $10.25/hr.
Richard M. Veroba 24 Lester Street Buffalo, NY 14210
Timothy D. Devany 19 Mumford Street Buffalo, NY 14220
Appointment Effective 11/19/2005 in the Department of Public Works, Parks & Streets, Division of Buildings, to the position of Senior First Class Stationary Engineer,
Temporary, at the flat starting salary of $10.25/hr.
Patrick J. Lonergan 24 Red Jacket Pkwy. Buffalo, NY 14220
William J. Appenheimer 22 Kail Street Buffalo, NY 14207
Reginald G. Goston 378 Northland Ave. Buffalo, NY 14208
Appointment Effective 11/18/2005 in the Department of Public Works, Parks & Streets, Division of Buildings, to the position of Senior First Class Stationary Engineer,
Temporary, at the flat starting salary of $10.25/hr.
Dawn-Marie Ras 37 O’Kell St. Buffalo, NY 14220
Peter L. Klemann 154 Woodward Ave. Buffalo, NY 14214
Appointment Effective 11/17/2005 in the Department of Public Works, Parks & Streets, Division of Buildings, to the position of Senior First Class Stationary Engineer,
Temporary, at the flat starting salary of $10.25/hr.
Jonathan F. Nasca 12 Woodley Rd. Buffalo, NY 14215
Timothy J. McCarthy 36 Hansen Ave. Buffalo, NY 14220
Kevin G. McCarthy 130 Ramona Ave. Buffalo, NY 14220
Appointment Effective 11/16/2005 in the Department of Public Works, Parks & Streets, Division of Buildings, to the position of Senior First Class Stationary Engineer,
Temporary, at the flat starting salary of $10.25/hr.
Victor C. Orlando 91 Hartwell Rd. Buffalo, NY 14216
Charles E. Buchanan 128 Altruria St. Buffalo, NY 14220
Appointment Effective 11/14/2005 in the Department of Public Works, Parks & Streets, Division of Buildings, to the position of Senior First Class Stationary Engineer,
Temporary, at the flat starting salary of $10.25/hr.
James T. Conrad 128 Harding Road Buffalo, NY 14220
Michael A. McCool 53 Oakhurst Rd. Buffalo, NY 14220
Thomas J. Pyjas 29 Garvey Ave. Buffalo, NY 14220
Appointment Effective 11/12/2005 in the Department of Public Works, Parks & Streets, Division of Buildings, to the position of Senior First Class Stationary Engineer,
Temporary, at the flat starting salary of $10.25/hr.
William R. Young 374 McKinley Pkwy. Buffalo, NY 14220
Daniel J. Tattenbaum 482 Taunton Place Buffalo, NY 14216
Appointment Effective 11/11/2005 in the Department of Public Works, Parks & Streets, Division of Buildings, to the position of Senior First Class Stationary Engineer,
Temporary, at the flat starting salary of $10.25/hr.
Keith M. Rathburn 239 Cumberland Ave. Buffalo, NY 14220
John R. Womer 4 Rebecca Park Buffalo, NY 14207
NO. 53
OPPOSE RESOLUTION CITE GAS STATIONS FOOD STORES FOR NOISE VIOLATIONS
NEW YORK STATE ASSOCIATION OF SERVICE STATI0NS & REPAIR SHOPS, INC.
Mr, President, members of the Common Council I thank you for affording me this opportunity to testify against Common Council Resolution #103. I am Ralph
Bombardiere, the executive director of the New York State Association of Service Stations and Repair Shops, which in conjunction with six affiliates located in each
of New York's major cities, represents 3500 members. Several of them are service stations located inside Buffalo's city limits.
Common Council Resolution #103 seeks to hold gas station and deli owners responsible for noise ordinance violations committed by vehicle operators while on their
property. The big seeks to fine and or revoke the gas nozzle or hose license (FPC) and food or deli license (FST) of businesses where repeated verifiable noise
violations occur.
The legislation is based on the false premise that Station and shop owners condone or complicitly allow or permit the practice of playing a car stereo at high levels.
Station owners don't want to put up with this nuisance any more than their neighbors. It drives other customers away and is a distraction #ore their business.
Consider a witness to an armed robbery. He does not get involved, but he is not condoning the crime. He is merely prudently avoiding making a dangerous situation
worse, and protecting his well-belng. Now consider the clerk. It is not his job to risk life and limb because a street tough wants to blast his car stereo. The clerk is
usually outnumbered and would he confronting a character, who does not feel hound by city ordinances. The violator may or may not be armed, and might be willing
to use a weapon if provoked. The prudent action for the clerk is to allow the perpetrator to conduct his business and leave.
This legislation would require the clerk to get into a confrontation, needlessly exposing him/her to danger.
The association has considered suggesting to/ts members that they call the police whenever an offending vehicle enters their station. However, as noted in the
resolution "by the time then police respond to what is categorized as a low priority crane, the offending vehicle is Usually long gone," Perhaps, what is necessary is a
resolution instructing the police to treat this crime as a higher priority crime, if in fact it is.
For the above reasons the New York State Association of Service Stations and Repair Shops, Inc. opposes Common Council Resolution 103 and urges that it he
defeated.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 54
LEASE RENEWAL COB & MASS AVE PROJECT
I am requesting that this item be filed at the Council Meeting on Tuesday, November 29, 2005.
That the above communication from Councilmember Bonifacio, be received and filed; and
That the Director of Real Estate be, and he hereby is authorized to renew the lease between the City and The Massachusetts Avenue Project a/k/a M.A.P., for use of
271 Grant Street for a term commencing on November 22, 2005 and expiring
December 31, 2006. That the Corporation Counsel be authorized to prepare the necessary lease and that the Mayor be authorized to execute the same.
PASSED
AYES – 8 NOES - 0
NO. 55
J CONRAD-BFLO NEWS ARTICLE NO EXTRA CASH FOR CITY BUT AUTHORITY GIVES $100 MILLION TO STATE
WASHINGTON - The New York Power Authority says it doesn't have enough money to give Buffalo a windfall from the relicensing of the Niagara Power Project,
Dennis C. Enser/Buffalo News
The Niagara Power Project is believed to be the main mason the New York Power Authority generated an extra $82 million surplus last year.
But the agency had enough money to give the state treasury $100 million in the last two years. It also earned about $9 million in 2004 by selling excess power that
was supposed to go to Western New York.
And in the same year - in which the nonprofit agency reported an $82 million surplus the authority spent $2.9 million on lawyers alone.
Critics of the authority say such figures prove it has money to bum and more than enough to offer Buffalo a better settlement. "This is a gold-plated agency that has
all sorts of money for its own uses and not enough for one of the communities that helps it produce energy," said David Colligan, a local attorney who has been
fighting for more money for Buffalo and Erie County in the relicensing settlement.
The Power Authority insists it would have to raise rates on its industrial customers if it were to give Buffalo the inflation-adjusted $10 million a year that Rep. Brian M.
Higgins, D-Buffalo, is seeking in the 50-year relicensing.
But why couldn't the Power Authority just give the state treasury $40 million a year as part of the "Power for Jobs" program, and give Buffalo the $10 million Higgins
is seeking to rebuild the city's waterfront?
Because there's a key difference between the money that goes to the state treasury and the money that goes for a relicensing settlement, said Brian Vattimo, the
Power Authority's senior vise president for public and governmental affairs.
"Those payments are voluntary contributions made only if NYPA trustees determine that funds are available," he said. "Relicensing commitments are firm annual
commitments."
Higgins isn't happy
The payments to the state stem from the Power for Jobs program, which sells power from the authority to employers at a discount. The state created a tax credit to
compensate utilities for the money they lose because of that cheap power program, and the voluntary payments from the Power Authority compensate the state
treasury for the money lost to that tax break. By law, those payments can't affect electric rates while a relicensing settlement can.
Yet the law says the payments to the state are "voluntary," which is why Higgins isn't pleased.
"It's a double tax on the Buffalo Niagara region," Higgins said, noting that the bulk of the agency's power and profits come from the Niagara Power Project. "They're
doing this on the back of the weakest economy in New York State."
And as the economy grows weaker and as recipients of cheap hydropower shut down the Power Authority is able to make more money.
That's because the agency is taking the "expansion power" that belonged to now-defunct local employers and selling it at a profit on the open market.
The Power Authority sold a mere 1.4 megawatts of that "loose juice" for $125,000 in 2000. But by 2004, the Power Authority said, the amount of excess expansion
power had jumped to 39.9 magawatts which the Power Authority was able to sell for $9.2 million.
And that comes on top of 70 megawatts of "replacement power" - energy targeted to the Power Project's original customers that the State Legislature transfered to
other parts of the state this after some of those customers went out of business.
year,
To backers of a better relicensing deal for Buffalo, the loose juice issue is a travesty. The law guiding the use of Niagara hydro targets expansion power to industries
within 30 miles of the power plant.
"It seems at the very least duplicitous" that the Power Authority could sell locally targeted power for its own profit, said Philip G. Wilcox, an International Brotherhood
of Electrical Workers official. Wilcox is a leader in a labor-union effort to target loose juice profits to the Buffalo-Niagara region where the money would be used for
economic development and environmental cleanup projects.
The Power Authority has resisted the idea. Vattimo said, state law is silent on where the loose expansion power ought to go.
"In accordance with terms and conditions of NYPA's bond covenant, all revenues including any incremental revenues produced by the sale of unalloceted
hydropower into the market must be deposited into NYPA's operating fund," Vattimo said.
The agency also contends that the amount of loose juice is too unpredictable to be used as part of the relicensing deal. The level of power varies with the ups and
downs of the local economy, and with the ups and downs of the water levels on Lake Erie, which determine how much hydropower the Niagara plant can produce.
Wilcox countered by proposing that the revenues from the loose juice be targeted to local projects on a year-to-year basis. That way, the electricity could be shifted
back to local industrial users if need be.
To Higgins, the sale of the loose juice is just one more sign that the Power Authority is living the high life. He's also angry about the agency's 2004 report of
procurement contracts. It shows the agency spent $2.9 million on lawyers and $1.5 million on cars, mostly for an alternative-fuel vehicle program for its customers
and state agencies.
"NYPA says our plan will raise rates, but they can afford all of this?" Higgins said.
Big profit last year
Despite its spending, the Power Authority's annual report shows that it made an $82 million profit last year.
Why couldn't the agency share more of that with Buffalo?
"Any good business retains a certain amount of money for whatever," said Mark Zito, who brokered the $694.2 million relicensing deal that seven Niagara County
governments struck with the Power Authority, and who is now advising Erie County on the issue. "They still have other settlements they're going to have to make"
regarding the Niagara relicensing.
RECEIVED AND FILED
NO. 56
BICYCLE/PEDESTRIAN ADVISORY BOARD
Thank you for sponsoring resolution 54A, and for your efforts to make our Great City a more multi-modal place to enjoy life.
As an avid cyclist, a professional transportation engineer and planner; Board Member of the Institute of Transportation Engineers (ITE) NY Upstate Section, and a
Board Member of Partners for Livable Western New York, I fully support resolution 54A.
The following ITE Policy and Smart Growth Transportation Principles give credence to resolution 54A.
ITE Policy 0-9. Pedestrian and Bicycles.
"That the safe and efficient movement of pedestrian and bicycles should be an integral part of the planning, design, operation, management and maintenance of
transportation facilities. The Institute urges that effective pedestrian and bicycle safety program be developed and maintained, and transportation agencies actively
participate in formulating uniform laws, control at mid-block pedestrian crossings and guiding and administering these programs."
Transportation Principles of Smart Growth:
"6. High quality walking and bicycling environments enable active living, which improves community and individual health and well being. This represents the largest
category of unmet mobility demand in virtually all North American communities.
7. Streets are the principal infrastructure for all modes. Developing multimodal transportation systems requires investments in streets. Corridor "improvement"
projects that ignore the multimodal functions of streets are irresponsible."
*Charlier Associates, Inc. 2005
Please support resolution 54A to create a Bicycle/Pedestrian Advisory Board.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 57
ADELPHIA TRANSFER BUFFALO. NY
Available for review in The City clerk’s Office
RECEIVED AND FILED
NO. 58
B. DAVIS- THE CARGILL HARBOR CENTER
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 59
B. DAVIS-PURCHASE OF 50 COURT STREET
I am writing to formally pursue the purchase of 50 Court Street by Violet Realty, Inc. This property will be used to support parking for both the Liberty Building and
the Main Place Mall.
50 Court Street is owned by BURA and is currently maintained as a surface parking lot. The parcel is bounded by Court Street on the north, Franklin Street on the
west, the Fernbach Ramp on the south, and 30 Court Street on the east. 50 Court Street is directly across Pearl Street from the Liberty Building and the Main Place
Mall.
Violet Realty is prepared to pay fair market value for the property pursuant to the regulations governing BURA's disposition of property. We estimate fair market
value to be one million ($1,000,000.00) dollars. Additionally, Violet Realty is prepared to bring the parcel into compliance with all required building code provisions
regarding drainage, landscaping, lighting and otherwise.
I request that Violet Realty's request to purchase 50 Court Street be placed on the Buffalo Urban Renewal Agency agenda for November 23, 2005 so that I may
formally present Violet Realty's proposal to the BURA board.
I look forward to presenting this exciting opportunity to BURA, which I believe will be beneficial to all of the downtown area.
MAIN PLACE LIBERTY GROUP
Patrick Hotung
General Manager
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE DIRECTOR OF STRATEGIC PLANNING
NO. 60
B. DAVIS-WATERFRONT VILLAGE ADVISORY COUNCIL
The Waterfront Village Advisory Council (the Council) is a volunteer membership organization formed approximately fifteen years ago. The residential developments
located in Waterfront Village constitute the members of the Council. Each development, through its Board of Managers/Directors, is authorized to appoint two
representatives to the Council. The representatives serve as advisors to their respective Boards with all final decisions made at the Board level. The purpose of the
Council is to promote the common good and welfare of the residents (approximately 300 homes) of Waterfront Village and to protect and advance their interests.
On behalf of the homeowners of Waterfront Village, we are writing to respectfully request that the Buffalo Urban Renewal Agency (BURA) postpone the agenda item
for its November 23, 2005 meeting to review the proposal from Richard DiVita, Sr. to develop the parcel of land between Marina Park and Portside.
Mr. DiVita presented his proposal to the Council on October 27, 2005, which included architectural renderings of the proposed development. The architectural
renderings were inaccurate and Mr. DiVita agreed to have the architects revise the renderings to reflect existing conditions and send the revised renderings to the
Council members in electronic format. We did not receive the revised renderings until November 10, 2005. The Council met in special session on November 17 to
review the revised renderings.
Unfortunately, the revised renderings are still not representative of existing conditions. Specifically, the proportions of surrounding buildings and greenspace are
incorrect and numerous existing structures have been omitted. Therefore, at this time, the Council cannot give its support to the designation of a preferred developer.
The Council is respectfully requesting postponement of the agenda item relative to this proposed development until such time as our request for accurate renderings
has been fulfilled and we have had an opportunity to show our homeowners the renderings and obtain feedback. The Council would also like time to investigate
alternative ideas that would benefit the entire waterfront community.
Please contact Council Representative Sherry DelleBovi at 856-3300 regarding this request.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE DIRECTOR OF STRATEGIC PLANNING
NO. 61
J. FOGARTY-ADELPHIA TRANSFER BUFFALO NY
Available for review in the City Clerk’s Office
RECEIVED AND FILED
NO. 62
R. TOLBOYS-INFO PROVISIONS FIN ASSIST TO FIRST TIME HOMEBUYERS
Available for review in The City Clerk’s Office
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 63
A. THOMPSON-RE: REQUEST TO AMEND LEASE FOR BUFFALO MUSEUM OF SCIENCE
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE COMMITTEE ON FINANCE, THE CORPORATION COUNSEL, THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS AND
THE COMMISSIONER OF ADMINISTRATION AND FINANCE
NO. 64
REQUEST FOR PUBLIC WORKS TO INSTALL ELECTRICAL
SOCKETS ON STREET LIGHTS ALONG EAST DELAVAN AVENUE
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
NO. 65
NYS DOT CORRESPONDENCE FOR ROUTE 198 WESTBOUND
We have completed our traffic engineering investigation relative to your request for pavement markings and additional
signing on Route 198 westbound at the NY Route 5 off-ramp in the City of Buffalo.
We agree with your suggestion and will stripe the gore area of the exit as well as the curbs of the raised median, install a
warning sign on the raised median, and install edge line reflectors on the raised median. Additionally, the overhead exit
sign structure that was there previously, will be replaced with a cantilever guide sign in an upcoming sign contract.
Thank you for bringing this matter to our attention. If you have any questions regarding this matter, please contact me at
(716) 847-3268 or Angelo Borgese of my staff at (716) 847-3262.
REFERRED TO THE COMMISSIONER OF PUBLIC WORKS PARKS AND STREETS
PETITIONS
NO. 66
P. GRAMAGLIA, OWNER, USE 1545 WILLIAM ST.-50' HIGH
BILLBOARD (LOVE JOY) (HRG 12/6)
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL.
NO. 67
F. PARISI, AGENT, USE 3144 MAIN STREET-ADDITIONAL SPACE FOR EXISTING BAR "MOJO'S" (UNIVERSITY)
(HRG 12/6)
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL.
NO. 68
L. MCCLIVE, AGENT, USE 1200 NIAGARA-GROUND SIGN (NIAG.)
(NAME OF AGENT, OWNER) (ADDRESS) - (PROJECT)
(PHONE #)(716) 775-0104 (X.12)
The attached is for Common Council Approval; but per Permits, no public hearing is required.
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL.
NO. 69
D. MAVIS, AGENT, USE 2290 DELAWARE-GROUND SIGN (NORTH)
(NAME OF AGENT, OWNER) (ADDRESS) - (PROJECT)
(PHONE #)(716) 878-9379
The attached is for Common Council Approval; but per Permits, no public hearing is required.
REFERRED TO THE COMMITTEE ON LEGISLATION, CITY PLANNING BOARD AND CORPORATION COUNSEL.
NO. 70
YMCA OF GREATER BUFFALO- BLOCK GRANT FUNDING
Please file the attached item for further discussion at the next Common Council session to be held November 29, 2005.
Thank in advance for your assistance in this matter.
We understand that the process for apply for and receiving Block Grant Funding has been changed. We understand that
those organizations with a sound structure and ability to effectively and efficiently deliver outcome based services will
receive the highest priority. We also understand that we will be provided with an acceptance and denial report indicating
the reasons for acceptance or denial.
The William Emslie YMCA Management and the Senior Center Participants have run and participated in the Senior
Center Program for many years. The YMCA of Greater Buffalo Organizational structure is sound and has all of the
components required. Past program reports have been timely and the number of seniors serviced has been substantial.
We the seniors of William Emslie YMCA Program Center express our support for the application, which has been
submitted, and believe it must be approved based on the application and outcome guidelines.
Petition with names on file in Clerk’s Office.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND DIRECTOR OF STRATEGIC PLANNING.
REGULAR COMMITTEES
CIVIL SERVICE
(BONNIE E. RUSSELL, CHAIRPERSON)
NO. 71
APPT.-DETECTIVE (PERM.)(MAX)(POL)
(#22, 11/15)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 72
APPT.-DETECTIVE (CONT. PERM.)(MAX)(POL)
(#23, 11/15)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 73
APPT.-BATTALION CHIEF (MAX) (FIRE)
(#25, 11/15)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 74
APPT.-FIRE CAPTAIN (PERM) (MAX) (FIRE)
(#26, 11/15)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 75
APPT.-FIRE CAPTAIN (CONT. PERM) (MAX) (FIRE)
(#27, 11/15)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 76
APPT.-FIRE LIEUTENANT (PERM) (MAX) (FIRE)
(#28, 11/15)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 77
APPT.-FIRE LIEUTENANT (CONT. PERM) (MAX) (FIRE)
(#29, 11/15)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 78
APPOINTMENT
LABORER II (MAX) (A&F)
(ITEM NO. 39-NOV. 15, 2005)
That Communication 39, November 15, 2005 be received and filed and the temporary appointment of Anthony
Greco stated above at the maximum starting salary of $27,833.04 effective on Oct. 31, 2005 is hereby approved.
PASSED.
AYES-8. NOES-0.
NO. 79
NOTICES OF APPT.-TEMP./PROV./PERM. (C. CLK.)
(#44, 11/15)
That the above item be and the same hereby is received and filed.
ADOPTED.
FINANCE
(BRIAN C. DAVIS, CHAIRMAN)
NO. 80
EXISTING MANAGEMENT AGREEMENT - BUFFALO CIVIC AUTO RAMPS INC.
(ITEM NO. 8, C.C.P., JUNE 28, 2005)
That the above item be and the same hereby is returned to the Common Council without recommendation.
Mr. Davis moved:
That the above-mentioned item be and the same is hereby received and filed.
ADOPTED.
NO. 81
R. FONTANA-B. MARTIN-CONCERNS-WATER & SEWER BILLS
(#47, 10/4)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 82
R. FONTANA-B. MARTIN-CONCERNS-WATER & SEWER BILLS (BSA)
(#51, 10/18)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 83
VULCAN STREET RECONSTRUCTION - PAY CITY OF BUFFALO COST SHARE
(ITEM NO. 18, C.C.P., NOV. 1, 2005)
That the above item be and the same hereby is returned to the Common Council without recommendation.
Mr. Davis moved:
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to pay the Erie County
Department of Public Works, the City
share costs for Vulcan Street Reconstruction. Funds for this project are available in Capital Project Accounts #38310706
and 38310206.
LOST.
AYES-DAVIS-1.
NOES-BONIFACIO, CONRAD, COPPOLA, FONTANA, FRANCZYK, GOLOMBEK, AND THOMPSON-7.
NO. 84
DRUG ASSET FORFEITURE WIRE TRANSFERS ($11,630.81) (POL)
(#17, 11/15)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 85
UTILIZING AUCTION FUNDS FOR DEMOLITIONS (1ST & 3RD RES)
(#120, 11/1)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 86
UTILIZING AUCTION FUNDS FOR DEMOLITIONS (A&F)
(#37, 11/15)
That the above item be and the same hereby is received and filed.
ADOPTED.
LEGISLATION
(RICHARD A. FONTANA, CHAIRMAN)
NO. 87
D. CART, PETITION TO USE 1285 WILLIAM - POLE SIGN
(ITEM NO. 56, C.C.P., NOV. 15, 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 C. Carr, agent, for permission to use 1285 William Street for a pole sign be, and hereby is
approved.
PASSED.
AYES-8. NOES-0.
NO. 88
WILTEL REQUEST TO RENEW OR ENTER INTO NEW AGREEMENT - FIBER OPTIC FACILITIES
(ITEM NO. 138, C.C.P., SEPT. 7, 2005)
(ITEM NO. 15, C.C.P., NOV. 15, 2005)
That the Commissioner of Public Works, Parks and Streets, be, and be hereby is authorized to renew the
agreement with WilTel Communications, LLC, formerly known as Williams Communications, Inc. for the City's Right of
way to provide telecommunications services for a five year period.
PASSED.
AYES-8. NOES-0.
NO. 89
E. BERRY-CONCERNS-CLOSING OF LIBRARIES
(#45, 11/15)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 90
BROADWAY MARKET - D. DALE - CERT. OF INCORPORATION/AMENDMENT/BY LAWS
(ITEM NO. 47, C.C.P., NOV. 15, 2005)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Fontana moved:
That the above-mentioned item be and the same is hereby recommitted to the Committee on Legislation.
ADOPTED.
NO. 91
M. MEYERHOFER-NATIONALGRID-USE OF FESTOON OUTLETS
(#52, 11/15)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 92
CHANGE IN PARKING REGULATION MARINER BETWEEN VIRGINIA AND ALLEN STREETS
(ITEM NO. 15, C.C.P., NOV. 1, 2005)
(ITEM NO. 75, C.C.P., NOV. 15, 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 recommitted to the Committee on Legislation.
ADOPTED.
NO. 93
USED CAR DEALER - 50 SYCAMORE STREET
(ITEM NO. 44, C.C.P., OCT. 18, 2005)
(ITEM NO. 79, C.C.P., NOV. 15, 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 recommitted to the Committee on Legislation.
ADOPTED.
NO. 94
C. WALLACE-WILTEL-REQ. TO RENEW OR ENTER INTO NEW AGREE.-FIBER OPTIC FACILITIES
(#74, 6/28)
That the above item be and the same hereby is received and filed.
ADOPTED.
RESOLUTIONS
NO. 95
By: Mr. Coppola
CITY OF BUFFALO
LOCAL LAW NO. -- (2005)
INTRODUCTORY NO. 10 (2005)
A LOCAL LAW amending the Charter of the City of Buffalo in relation to creating a Bicycle/Pedestrian Advisory Board
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That Article XI of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows:
Article XI, Bicycle/Pedestrian Advisor,/Board
§6-58 Legislative Intent
The Bicycle/Pedestrian Advisory Board is hereby created to help the City of Buffalo find cooperative solutions for various
problems experienced by cyclists, pedestrians and persons with disabilities.
§6-59 Advisory Board Duties
The Board shall review ongoing and future City of Buffalo projects that affect cyclists, pedestrians and persons with
disabilities. The Board is to ensure that all City of Buffalo projects accommodate and encourage safe and legal travel by
cyclists, pedestrians and persons with disabilities. The Board shall advise various City of Buffalo departments including
but not limited to the Department of Public Works, the Office of Strategic Planning, the Buffalo Police Department and the
Buffalo Common Council on this issue.
The Board shall advocate for the implementation of City of Buffalo plans, and make recommendations for bicycle and
pedestrian travel, as well as travel for persons with disabilities. The Board shall make quarterly reports to the Buffalo
Common Council regarding transportation projects, and the affects of such projects on cyclists, pedestrians and persons
with disabilities. In addition, the Board shall formulate and provide to the Department of Public Works, a plan for annual
snow preparation specifically concerning cyclists, pedestrians and persons with disabilities.
§6-60 Appointments and Terms of Office
The Board shall consist of fifteen (15) members. There shall be eleven (11) voting members, appointed by the Buffalo
Common Council and approved by the Mayor. At least five (5) members shall be active cyclists, and at least four (4)
members shall be active pedestrians. One (1) member shall be a member of the Disability Advisory Council. One (1)
member shall be an employee of the Department of Public Works. There shall also be four (4) non-voting members
appointed by the Buffalo Common Council and approved by the Mayor and shall include one (1) representative from each
of the following departments: the Buffalo Common Council, the Buffalo Police Department, the Traffic Engineer and the
Office of Strategic Planning.
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
Michael B. Risman
Corporation Counsel
REFERRED TO THE COMMITTEE ON LEGISLATION.
NOTE: Matter underlined is new, matter in brackets is to be deleted.
NO. 96
By: Mr. Coppola
FAMILY WATCHDOG WEBSITE
Whereas: John Walsh, parent, author, and most known from the hit television show "America's Most Wanted", originally
gained his high profile image after the abduction and murder of his six year old son, Adam, more than twenty years ago;
and
Whereas: Since that horrible event for the Walsh Family, John has become one of the most recognizable crusaders for
victim's rights and thought of by many as the example to which other sexual crime victim's families have followed; and
Whereas: John Walsh was key to the development of the Federal Missing Children Act and the Center for Missing and
Exploited Children and has helped to enact numerous state and local laws. He works with countless families, on his
television show and privately, who have suffered similar horrible crimes as his family; and
Whereas: His diligence and dedication has made the passage of today's most popular sex crime victim's laws, both for
children and adults, and various government sponsored websites a reality; and
Whereas: Presently, the City of Buffalo has a good system of tracking sex offenders within the City limits. The Buffalo
Police Department has a division dedicated solely to tracking, monitoring and overseeing registered sex offenders and
handling any complaints that arise; and
Whereas: The City of Buffalo Common Council also receives regular updates from the Police Department's Sex Offense
Division, an avenue which residents may receive information on local registered level 2 & level 3 sex offenders; and
Whereas: The City of Buffalo has a link on its website allowing any user to link directly to the NYS Criminal Justice
Website and search for any level 2 or level 3 sex offender with in a certain mile radius of an address they enter with in
New York State; and
Whereas: With all of this information available, the City is always looking for ways to make it easier for it's residents to
gather information on the 250+ registered level 2 & level 3 sex offenders living in the City of Buffalo. John Walsh has done
that; and
Whereas: John Walsh and Julie Clark have teamed together and in August 2005, a website they developed,
www.familywatchdog.us, became available to the general public; and
Whereas: www.familywatchdog.us offers its users tips for communicating with your children about strangers; an
opportunity to receive email notifications about registered sex offenders moving into your neighborhood; and most
importantly the opportunity to search, at no cost to the user, for registered sex offenders by name or address almost
nationwide. All but six states presently participate; and
Whereas: www.familywatchdog.us can track a registered sex offender and it's distance from the closest school or
playground, it also categorizes the registered offender by type of sexual crime. It can be a wonderful tool for parents,
educators and lawmakers.
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo does hereby request that the Department of Management Information
Systems develop a link on the City of Buffalo's home page connecting it to the www.familywatchdog.us site; and
Now, Therefore, Be It Further Resolved:
That this resolution be referred to the Buffalo Police Department's Sex Offense Squad for any comment and also for their
notification that this link will be available on the City's website as it may also serve as a tool in their work; and
Now, Therefore, Be It Finally Resolved:
That this resolution be referred to the Committee on Legislation, until it is deemed no longer necessary to be held in
Committee by its Members.
REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF MANAGEMENT INFORMATION
SYSTEMS, CORPORATION COUNSEL AND COMMISSIONER OF POLICE.
By: Mr. Coppola
NO. 97
ORDINANCE AMENDMENT CHAPTER 299, OBSCENITY
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 299 of the Code of the City of Buffalo be amended to read as follows:
§299-8.1 Sex Offender Residency Prohibition
A. Legislative Intent
The adoption of Megan's Law has increased public awareness of sexual offenders by requiring them to become registered
with authorities and making such information available to the public. The City of Buffalo hereby enacts this ordinance to
prevent sex offenders from residing or living near areas where children regularly meet and congregate. The City of Buffalo
believes this legislation is necessary to further protect the best interest of all children, and to protect the health, safety and
welfare of residents in the City of Buffalo.
B. Residency Restrictions
No person over the age of 18, who has been convicted of a violation of a sexual offense upon a child age 16 or under as
defined by the New York State Penal Law, which would require that individual to register as a sex offender under state
and/or federal laws, shall be permitted to reside or live within 1,500 feet of the real property of any school, park,
playground or day care center in the City of Buffalo, unless such residence has been assigned by a supervised release
program, which provides close supervision of the sex offender's daily activity, or the residency of said offender was
established prior to the enactment of this legislation.
C. Penalties
Failure to comply with this section is considered a violation and may result in a fine of $1,500 and/or imprisonment for 15
days.
It is hereby certified pursuant to Section 3-19 of the Charter of the City of Buffalo, that the immediate passage of
the foregoing ordinance is necessary.
APPROVED AS TO FORM
Michael B. Risman
Corporation Counsel
PASSED.
AYES-8. NOES-0.
NOTE: Matter underlined is new. Matter in brackets to be deleted.
NO. 98
By: Mr. Coppola
THREE (3) YEAR AVERAGE FOR ASSESSED VALUATION OF CITY PROPERTIES
Whereas: The City of Buffalo conducts property value studies and research to determine the value of taxable parcels in
order to assess yearly property taxes; and
Whereas: The governing policies in which local governments are required to follow to determine property values, as well
as, how they can collect property taxes are set by the New York State Real Property Tax Law; and,
Whereas: Property values are set by the marketplace and are in fact determined by a number of different factors; and,
Whereas: It has been reported in many real-estate studies and media outlets that the so called "real-estate bubble" is
going to burst and that property values will begin to decline, in fact, in some cases these reports state that there will be a
"crash" in the housing market; and,
Whereas: Because the real-estate market is susceptible to the ebbs and flows of the economy and that the values of
property can just as easily be affected by these ebbs and flows, it would make sense to set the value of a property based
on a three (3) year average. Therefore, giving taxpayers a more just value over the long-term and not subjecting
taxpayers to possible spikes in the market or other factors that may result in an unjust assessment of the true value of
their property.
Now Therefore Be It Resolved That:
The Common Council requests that the Department of Taxation and Assessments along with the Corporation Council,
research the New York State Real Property Tax Law and report back to the Council as to whether a three year average
value can be used in establishing property tax assessments; and,
Be It Further Resolved That:
The Common Council requests that the Department of Taxation and Assessment research whether a rotation system can
be established whereby the city will be broken up into thirds, in which one third of the city will be susceptible to
assessment changes that affect their property taxes for the upcoming tax roll each year and any changes to their real
property taxes due to the assessed value will not occur until a three year average has been completed.
Be It Finally Resolved That:
This item is referred to an appropriate Committee of the Council for further consideration.
REFERRED TO THE COMMITTEE ON LEGISLATION, CORPORATION COUNSEL, AND COMMISSIONER OF
ASSESSMENT AND TAXATION.
NO. 99
By: Mr. Coppola
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 buildings previously operated by the Buffalo and Erie County Public
Library as the Mead Branch, Fronczak Branch, Northwest Branch, Cazenovia, MLK and Fairfield Branch libraries; and
WHEREAS: The above-referenced locations have ceased operations or will cease operations in the near future at the
respective locations, and the Buffalo and 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
communities, including library-related services; and
WHEREAS: 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-uses within the premises of the above-referenced vacated library
buildings 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 in the following
branches: Mead, Fronczak, Northwest, Cazenovia, MLK and Fairfield, 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 this library
property solely by not-for-profit organizations as follows, including but not limited to the Massachusetts Avenue Project,
the Parkside Community Association, and various volunteers from the respective branch districts.
PASSED.
AYES-8. NOES-0.
NO. 100
By: Mr. Davis
SET PUBLIC HEARING–
APPROVAL OF CONTRACT FOR SALE OF LAND PORTION OF 667 MAIN STREET ARTVOICE. REDEVELOPER
WHEREAS, ARTVOICE. 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 the sale of a portion of 667 Main Street; 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 of the General Municipal Law; and
WHEREAS, Section 507(2) of the "General Municipal Law" requires that the disposition of 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 3rd day of December 2005.
2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at
2:00 P.M. in the Council Chambers on the 13th of December 2005.
ADOPTED.
NO. 101
By: Mr. Davis
LAND DISPOSITION
AGREEMENT SELL PORTION OF
667 MAIN STREET ARTVOICE
REDEVELOPER
WHEREAS, the Buffalo Urban Renewal Agency has duly designated ARTVOICE 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.ARTVOICE 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 a portion of 667 Main Street.
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 the City of Buffalo Urban Renewal Agency, end there on to ARTVOICE and/or other legal entity
to be formed in accordance with the terms of said Agreement and for the consideration recited therein.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
NO. 102
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 of 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 3rd day of December 2005.
2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at
2:00 P.M. in the Council Chambers on the 13th of December 2005.
RECEIVED AND FILED.
(At the request of Councilmember Davis, there will be no public hearing held on 12/13/05; thereby, the
Common Council received and filed this item.)
NO. 103
BY: Mr. Davis
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 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. 104
BY: MR. DAVIS
SET PUBLIC HEARJNG WATERFRONT REDEVELOPMENT
PROJECT NYR-35 AREA A PARCELS 15, 16 AND 28
10 ELLICOTT SQUARE COURT CORP. -REDEVELOPER
WHEREAS, 10 Ellicott Square Court Corp. 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 Parcels 15, 16 and 28 in the Waterfront Redevelopment Project NYR-35 - Area A 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 of 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 3rd day of December 2005.
2. That this Common Council will conduct a Public Hearing on the matter stated in said "Notice of Hearing" at
2:00 P.M. in the Council Chambers on the 13th of December 2005.
ADOPTED.
NO. 105
BY: MR. DAVIS
LAND DISPOSITION AGREEMENT
WATERFRONT REDEVELOPMENT
PROJECT NYR-35 AREA A
URBAN RENEWAL AREA
10 ELLICOTT SQUARE COURT
CORP. - REDEVELOPER
WHEREAS, the Buffalo Urban Renewal Agency has duly designated 10 Ellicott Square Court Corp. 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 Heating, 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. 10 Ellicott Square Court Corp. 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 Parcels 15, 16 and
28 in the Waterfront Redevelopment Project NYR-35 - Area A 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 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 recited therein with final form subject to
approval of Agency Legal Counsel.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
NO. 106
By: Mr. Davis
INCREASED APPROPRIATION
FUND BALANCE
CAPITAL PROJECTS
That, Pursuant to §20-11 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common
Council, the appropriation in the Capital Budget for the current fiscal year, be and the same hereby is increased in the
sum of $470,000. The increased appropriation will be met from the Unreserved/Designated Fund Balance for
Reengineering Agreements.
That, the comptroller be and hereby is authorized and directed to increase the appropriation estimates of accounts:
10700096 - 397000 Unreserved/Designated Balance for Reengineering Agreements $470,000
To:
17523008 - 489130 Transfer out to Capital Project $470,000
From:
17523008 - 489130 Transfer out to Capital Project $470,000
To:
Bailey Abbott Firehouse $220,000
Bailey Kensington Firehouse $250,000
PASSED.
AYES-9. NOES-0.
NO. 107
By: Mr. Davis
Transfer of Funds
Division of Water
That pursuant to §20-12 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common
Council, the sum of $4,200 be and the same is hereby transferred within the Division of Water and said sum is hereby
reappropriated as set forth below:
FROM
Water Board Administrative Services $4,200.00
53023516 - 432003 Legal Services
TO
Distribution Systems Services $4,200.00
53003726 - 480000 Other Services
PASSED
AYES – 8 NOES – 0
NO. 108
RESOLUTION
By: Mr. Fontana
Providing approval for Transfer of Control of the Cable
Television Franchise to Time Warner Cable, Inc.
Whereas: the City of Buffalo, New York ("Franchising Authority") has granted a cable television Franchise to an entity (the
"Franchisee") presently controlled by Adelphia communications corporation ("Adelphia"), which is currently
in Chapter 11 bankruptcy proceedings; and
Whereas: pursuant to an Asset Purchase Agreement dated April 20, 2005 between Adelphia and Comcast Corporation
("Comcast"), an indirect wholly-owned subsidiary of Comcast will acquire Adelphia's interest in the
Franchisee (the "Adephia Transaction"); and
Whereas: pursuant to an Exchange Agreement between Time Warner Cable Inc. ("Time Warner Cable") and Comcast
dated as of April 20, 2005, Comcast will cause the Franchisee to assign the Franchise to CAP Exchange I,
LLC (the "New Franchisee") and the New Franchisee will become an indirect subsidiary of, and will do
business as, Time Warner Cable (the "Exchange"); and
Whereas: upon closing of the Exchange, New Franchisee expressly agrees to assume the obligations under the
Franchise; and
Whereas: Comcast and Time Warner Cable have filed FCC Forms 394 to provide details regarding the Adelphia
Transaction and the Exchange and to establish the qualifications of the New Franchisee; and
Whereas: the Franchising Authority wishes to grant its approval for the Adelphia Transaction and the Exchange as
described above.
Now, Therefore, Be It Resolved By Franchising Authority:
Section 1. The Franchising Authority hereby approves the Adelphia Transaction.
Section 2. The Franchising Authority hereby approves the Exchange.
Section 3 Upon the closing of the Exchange, New Franchisee shall assume the obligations under " the
Franchise.
Section 4 This Resolution shall have the force of a continuing agreement with Comcast and Time Warner
Cable, and the Franchising
Authority shall not amend or otherwise alter this Resolution without the consent of Comcast and Time Warner Cable.
Section 5. This Resolution shall become effective immediately upon passage by the Franchising Authority.
PASSED
AYES – 8 NOES – 0
NO. 109
By: Mr. Franczyk
Re: Ordinance Amendment Chapter 263, Licenses
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 263 of the Code of the City of Buffalo be amended to read as follows:
§263-25 Definitions.
As used in this article, the following terms shall have the meanings indicated or as indicated in Chapter 216, Garbage,
Rubbish and Refuse, of this Code:
COMBUSTIBLE MATERIAL -- Material which is apt to catch fire or capable of burning or that will readily and safely burn
in an incinerator and may be properly disposed of there. This term includes garbage, paper and wood.
COMMERCIAL USER -- Any person who owns or occupies a parcel of land in the City of Buffalo which is designed for or
occupied by the use other than a one-, two- or three-family residential use. This term includes but is not limited to multi
residential complex, government properties, institutional properties, industrial properties, parking lots, parking garages
and parking ramps.
DISPOSAL SERVICE -- The collection and removal of solid waste.
FILL MATERIAL -- Any material, including but not limited to earth, rocks and gravel, which is used for filling a hole,
depression or landfill.
GARBAGE -- Any putrescible animal and vegetable wastes, kitchen refuse or table scraps resulting from the handling,
preparation, cooking and consumption of food. This term does not include regulated materials.
LANDFILL -- Any disposal facility or part of a facility where solid waste ~ is placed in or on land and which is not a land
treatment facility, a surface impoundment or an injection well.
REAL PROPERTY -- All realty located within the City, whether occupied by the owner or rented, whether commercial or
residential.
RECEPTACLE -- A container or vessel for temporary disposal of solid waste, such as a trash can, garbage can or
dumpster.
REGULATED MATERIAL -- Any material which has been exposed to or is a chemical, substance, waste or pollutant, as
defined in or governed by any environmental law or as determined by any governmental agency or the Commissioner of
Street Sanitation, including but not limited to high-level and low-level radioactive waste, by-product material, hazardous
waste, infectious waste, raw sewage, septage, sludge, regulated medical waste, industrial solid waste, petroleum or waste
oil.
SOLID WASTE -- All putreseible and nonpntrescible materials or substances discarded or rejected as having served their
original intended use or as being spent, useless, worthless or in excess to the owner at the time of such discard or
rejection. This term includes but is not limited to garbage, ashes, refuse, rubbish and recyclabte materials. This term does
not include solid or dissolved matter in domestic sewage or substances, materials in noncontainerized gaseous form or
regulated materials.
SOLID WASTE COLLECTOR -- Any person, other than the City, duly licensed to collect, remove, transport or dispose of
commercial solid waste or industrial waste, with or without charge or payment.
Transfer Station - Any facility or part of a facility either licensed or not by the State of New York, under the terms of 6
NYCRR Part 360, used for the transfer of garbage or
solid waste.
WASTE -- Any garbage, sludge and other discarded material, whether or not such material may eventually be used for
some other purpose.
It is hereby certified pursuant to Section 3-19 of the Charter of the City of Buffalo, that the immediate passage of
the foregoing ordinance is necessary.
APPROVED AS TO FORM
Matter underlined is new. Matter in brackets to be deleted.
PASSED
AYES – 8 NOES – 0
NO. 110
By: Mr. Franczyk:
Re: Ordinance Amendment
Article VIII, Landfills, Transfer Stations and Grading Chapter 263, Licenses
The Common Council of the City of Buffalo does hereby ordain as follows:
That Chapter 263 of the Code of the City of Buffalo be amended to read as follows:
§263-27License required.
It shall be unlawful for any person to conduct, operate, maintain or use any real estate in the City of Buffalo as landfill
area, transfer station, or any other type of place for the reception or disposition of any type of inert fill or solid waste for
either temporary storage or final disposal without first having obtained a license for each such premises from the
Commissioner of Public Works, Parks and Streets. The owner or operator of any landfill or transfer station presently being
operated at the effective date of this article under an active permit issued by the Commissioner of Public Works, Parks
and Streets shall not be affected by this article for the remainder of the twelve-month life of said permit.
§ 263-28. Application procedure.
A. Each application shall be filed with the Commissioner of Public Works, Parks and Streets, using forms supplied by
the Commissioner of Public Works, Parks and Streets, and shall be accompanied by a filing fee as provided in Chapter
175, Fees, of this Code.
B. The Commissioner of Public Works, Parks and Streets shall cause copies of the completed application to be forwarded
to the Commissioners of Fire and Police and to the Environmental Management Commission for their recommendations.
A copy shall also be transmitted to the Common Council for its information. Said recommendations shall be made within
30 days and returned to the Commissioner of Public Works,
Parks and Streets.
C. The Commissioner of Public Works, Parks and Streets shall forward the completed application, the Department of
Public Works, Parks and Streets' recommendations, his or her own recommendation and any additional pertinent
information concerning the application to the City Planning Board.
§ 263-29. Review by Planning Board.
A. Upon receipt of the application and accompanying information, the City Planning Board shall schedule a public
hearing thereon is soon as practicable. Said hearing shall be preceded by a notice published at least once in a newspaper
of general circulation, containing the name and address of the applicant, the address of the landfill or transfer station and
the time and location of the public hearing.
B. The City Planning Board may approve the application with or without conditions or may reject it, upon stated written
reasons therefor. In making its decision, the City Planning Board shall consider the landfill's impact on the health, safety
and welfare of the City's inhabitants as well as its impact upon the neighboring environment. The Board shall forward its
decision, if positive, to the Commissioner of Public Works, Parks and Streets.
§ 263-30. Bond and grading plan.
A. Upon receipt of approach by the City Planning Board, the Commissioner of Public Works, Parks and Streets shall
require the applicant to supply a cash bond or a bond issue by a surety corporation and a grading plan.
B. The cash bond or bond issued by a surety corporation shall secure performance in accordance with the provisions of
this Charter and the Code of the City of Buffalo and shall be in the penal sum computed as follows: $50,000 for any site
up to one acre, plus $25,000 per acre thereafter. Said bond shall be acceptable to the Corporation Counsel and the
Comptroller.
C. The grading plan shall be prepared and stamped by a licensed land surveyor and shall show existing grades,
drainage courses and final design grades for the site. The grading plan shall be acceptable to the Commissioner of Public
Works, Parks and Streets.
§ 263-31. Issuance of license; duration.
Upon completion of all requirements, the Commissioner of Public Works, Parks and Streets shall issue a license to the
applicant to operate a landfill or transfer station on the site described in the application for a period of 12 months.
§ 263-32 License Renewal
Licenses issued hereunder may be renewed upon application therefor if the Commissioner of Public Works, Parks and
Streets determines that the landfill transfer station is being operated in strict accordances with the terms of the license and
this article.
§ 263-33. Revocation of license.
The Commissioner of Public Works, Parks and Streets may revoke licenses issued hereunder upon notice and after
affording the licensee an opportunity to be heard. Licenses would be subject to revocation for failure to correct violations
after having an opportunity to do so or for failure to abide by any conditions of the license.
§ 263-34. Additional remedies.
In addition to the penalty of revocation, the Commissioner of Public Works, Parks and Streets may cause violations of this
article to be corrected and the cost thereof to be charged against the property and the bond required hereunder. Such
correction shall be subject to notice and a reasonable opportunity to correct the same.
§ 263-35. Prohibited acts.
A. The dumping of solid waste that is capable of putrefaction or becoming filthy, noxious or unhealthy is prohibited.
B. The placing of any combustible materials in any landfill or transfer station or, in any way, mixing in or covering such
materials with the fill material is prohibited.
C. The placing or mixing of any regulated material of any kind within any landfill or transfer station is prohibited.
§ 263-36. Penalties for offenses; rewards.
A. A violation of the provisions of §§ 216-17 and 216-18,263-27 through 263-35 of this Code by a person shall be
deemed a nuisance, punishable by fine or other penalty. The Commissioner of Police is hereby authorized to impound
vehicles engaged in illegal dumping.
B. Any person violating the provisions of §§ 216-17 and 216-18, 263-27 through 263-35 of this Code may be liable, in
addition to the general penalties, to the penalties established in Chapter 137, Article I, of this Code.
C. The Commissioner of Police is authorized to offer a reward of not less than $50 nor more than $250 for any information
leading to the apprehension and conviction of any person violating §§ 216-17 and 216-18, 263-27 through 263-35 of this
Code.
263-37. Cessation of operation
A. Upon completion of the landfill or transfer station operation, the landfill or transfer station operator shall completely
cover the site with six inches of topsoil and shall seed the entire area.
B. The cash bond or surety bond will be returned to the applicant after the Commissioner of Public Works, Parks and
Streets has confirmed that the following requirements have been satisfactorily met:
(1) The licensee has complied with all the specifications, provisions and any specific detailed conditions contained in the
permit that is part of the license.
(2) The licensee or his agents have faithfully operated the landfill or transfer
station area in accordance with the spirit and intent of the provisions of this article.
(3) Final grading and seeding have been completed.
It is hereby certified pursuant to Section 3-19 of the Charter of the City of Buffalo, that the immediate passage of
the foregoing ordinance is necessary.
APPROVED AS TO FORM
Matter underlined is new. Matter in brackets to be deleted.
PASSED
AYES – 8 NOES – 0
NO. 111
BY: MR. FRANCZYK
RE: BLOCK BATTAGLIA GARBAGE SCHEME
WHEREAS: Peter Battaglia Demolitions Inc. and Recycling Center at 1037 - 1055 Seneca Street is attempting to amend
Part 360 of its New York State Department of Environmental Conservation permit, allowing separation and recycling of
construction and demolition debris, to now include solid waste municipal garbage from throughout the wider region; and,
WHEREAS: Adam S. Waiter, attorney with Phillips Lytle LLP, has written to the City Corporation Counsel outlining
Battaglia's plan to amend its DEC permit to include solid waste municipal garbage at 1037 - 1055 Seneca Street, and,
WHEREAS: Indifferent to the nightmare of the "New York City Garbage train" saga of 2003, Battaglia also plans to add a
rail spur from his property to the adjacent rail corridor in order to facilitate trucks and trains hauling malodorous solid
waste garbage cargos to and from a Buffalo residential neighborhood; and,
WHEREAS: Battaglia apparently is attempting to create a garbage transfer station at 1037- 1055 Seneca Street; and,
WHEREAS: The proposed site for this new garbage invasion is less than a mile from the site of the original garbage
debacle in the Clinton/Bailey community; and,
WHEREAS: Neighborhoods which would be negatively impacted by the new garbage onslaught are Seneca-Babcock,
"Little Hollywood", and the Fillmore - Smith community, as well as the "Valley", and the Clinton-Bailey community which
was negatively impacted by the original 2003 garbage train; and would include wider areas affected by wafting odors
propelled by prevailing winds throughout the city; and,
WHEREAS: A delegation including the Common Council, Corporation Counsel, State Senator William Stachowski,
Assemblyman Mark Schroeder, Legislator Tim Kennedy, Environmental Management Commission member Joseph
Gardella, and community and business leaders, presented a united front of opposition to the Battaglia proposal at a
meeting with DEC officicals Abby Snyder and Daniel R. David on November 7, 2005; and,
WHEREAS: Peter Battaglia currently holds a Grade 3 Demolition Contractor License and a Tire Handler License with the
City of Buffalo, which expressly prohibits solid waste; and,
WHEREAS: The Charter of the City of Buffalo grants the power to operate municipal garbage transfer stations, landfills, or
processing centers to the City of Buffalo only, and nowhere in M-2 or M-3 Zoning classifications, nor in the City of
Buffalo's ordinances, are solid waste operations permitted; and,
WHEREAS: Section 254-2 of Buffalo's Charter gives the Buffalo Common Council approval power over junkyards, "which
shall consider the impact of such activity upon the environment, upon surrounding residential neighborhoods and other
relevant factors such as noise, traffic patterns, ease of ingress and egress from the proposed activity and
foul odors,
factors of public health, safety and welfare;" and.
WHEREAS: The Battaglia proposed site for the garbage operation at 1037-1055 Seneca Street is zoned as M-2, which
prohibits the location of solid waste, or garbage transfer station under its classification as a junkyard;
WHEREAS: Notwithstanding its proposal to bring raw garbage into the middle of a city neighborhood, there have been
documented violations at the Battaglia recycling operation which have long been a serious problem for residents of
Seneca - Babcock in the past, and which resulted in a $5,000 fine from the DEC; and,
WHEREAS: The Common Council raises no objection to the construction and demolition debris operation at the property
at 1037 - 1055 Seneca Street if the business conforms to all ordinance regulations, and has no wish to see Battaglia
Demolition "out of business," opposition exists to any introduction of solid waste on that site;
NOW THEREFORE BE IT RESOLVED:
That the Common Council confer with the Corporation Counsel and Commissioner of Public Works with regard to existing
or proposed ordinances prohibiting the introduction transfer stations or solid waste into the City of Buffalo; and,
BE IT FURTHER RESOLVED:
That the Corporation Counsel initiate legal action against Battaglia Recycling or any other entity proposing to bring solid
waste into the City of Buffalo in violation of the City Charter, as applicable; and,
BE IT FURTHER RESOLVED:
That any violations of current ordinances or inspection codes applicable to 1037 - 1055 Seneca Street be vigorously
enforced; and,
BEITFURTHERRESOLVED:
That the Erie County Health Commissioner and the Attorney General of the State of New York be put on notice that they
may once again need to use their authority to prevent a Buffalo neighborhood from being turned into a garbage transfer
station site; and,
BE IT FURTHER RESOLVED:
That the Seneca - Babcock Urban Renewal Plan, currently before the City of Buffalo's Planning Board, include 1037 -
1055 Seneca Street, and that the introduction of solid waste be expressly forbidden and prohibited from this entire urban
renewal area; and,
BEITFURTHERRESOLVED:
That the City Planning Board or any other appropriate city agency deny Battaglia's request for a new rail spur at 1037 -
1055 Seneca Street, if the request is to be used for the import or export of solid waste at the site; and,
BE IT FINALLY RESOLVED:
That the Common Council stands in absolute opposition to the plan by Peter Battaglia
Trucking and Demolition Inc., to bring onto its property at 1037 1055 Seneca Street
solid waste garbage for the purposes of handling and transporting.
ADOPT FINAL RESOLVE, REMINDER REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF
PUBLIC WORKS, PARKS & STREETS AND CORPORATION COUNSEL
NO. 112
RESOLUTION
Mr. Franczyk
RE: Homeowner Water Line Repairs
Whereas: City of Buffalo homeowners are responsible for repairing water breaks that occur in water lines from their home
to the water main; and
Whereas: The cost or repairing a water line break can be several thousand dollars; and
Whereas: In many municipalities around the country, homeowners are not responsible for breaks in water lines between
their home and the water main; and
Whereas: The Water Board has the ability to change the existing policy, which requires homeowners to be responsible for
water line breaks; and
Now Therefore Be It Resolved
That the Common Council requests the Water Board to consider changing their existing policy, which requires
homeowners to be responsible for water line repairs.
Be It Further Resolved
That this item is referred to an appropriate Committee of the Council for further consideration and to await a response
from the Water Board.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 113
BY: Mr. Franczyk
RE: EXCUSE COUNCILMEMBER RUSSELL FROM COUNCIL
MEETING
NOW THEREFORE BE IT RESOLVED:
That University District Council Member Bonnie E. Russell be excused from the November 29, 2005 Regular Meeting of
the Common Council.
ADOPTED
NO. 114
BY: Ms. RUSSELL
BUDGET AND PERSONNEL AMENDMENT 03 –
EXECUTIVE DEPARTMENT 1501 - MAYOR
The Common Council of the City Of Buffalo does ordain as follows:
That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 03 - Executive Department, 1501 -
Mayor, which currently reads:
1 Senior Account Clerk Typist $ 26,861 - $ 30,114
Is hereby amended to read:
1 Administrative Assistant $ 33,545 - $ 38,584
That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties
for such position, has been filed with the Municipal Civil Service Commission, and said Commission has approved and
certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed
position
ANTHONY M. MASIELLO, MAYOR AND MICHAEL A. SEAMAN, DIRECTOR OF BUDGET, hereby certify that the
above change is necessary for the proper conduct, administration and performance of essential services of that
department. We recommend that the compensation for said position be fixed at the respective amount set forth in the
foregoing ordinance.
APPROVED AS TO FORM
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 115
MRS. RUSSELL
BUDGET AND PERSONNEL AMENDMENT
65 - DEPARTMENT OF PERMITS & INSPECTIONS
1150 - HOUSING & INSPECTIONS
The Common Council of the City Of Buffalo does ordain as follows:
That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, relating to 65 - Department Of Permits and
Inspections, 1150 - Housing & Inspections which currently reads:
1150 -HOUSING & INSPECTIONS
3 Electrical Inspector $ 39,499 - $ 45,696
Is hereby amended to read:
1150 - HOUSING & INSPECTIONS
4 Electrical Inspector $ 39,499 - $ 45,696
IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the Charter, that the immediate passage of the foregoing
ordinance is necessary.
That a personnel requisition incident to the creation of the above-mentioned position, containing a statement of the duties
for such position, has been filed with the Municipal Civil Service Commission, and said Commissioner has approved and
certified the position title set forth in the foregoing ordinance as being the appropriate Civil Service title for the proposed
position
RAYMOND K. MCGURN, COMMISSIONER OF PERMITS & INSPECTIONS AND MICHAEL A. SEAMAN, DIRECTOR
OF BUDGET, hereby certify that the above change is necessary for the proper conduct, administration and performance
of essential services of that department. We recommend that the compensation for said position he fixed at the respective
amount set forth in the foregoing ordinance.
PASSED
AYES – 8 NOES – 0
NO. 116
By: Ms. Russell
Re: Permission to Hang Holiday Decorations on Bailey Avenue
Whereas: The Bailey Amherst District Management Association has asked permission to hang Holiday Decorations on
Bailey Avenue between Hewitt and Millicent Avenues; and
Whereas: These decorations beautify the City of Buffalo's Bailey Amherst Business District during the Holiday season, as
well as add to the holiday ambiance along the business strip; and
Whereas: The decorations will be the same as those used in previous years and do not include lighted decorations; and
Whereas: The Bailey Amherst District Management Association will notify the City of Buffalo Public Works Department in
order to make sure that all requirements for proper installation are met.
Now, Therefore, Be It Resolved That:
This Common Council grants permission to the Bailey Amherst District Management Association to hang Holiday
decorations on Bailey Avenue between Hewitt and Millicent Avenues between November 18, 2005 until January 31, 2006.
PASSED
AYES 8 – NOES – 0
NO. 117
By: Mr. Thompson
Re: Rescinding Vehicular Parking Spots on East Delavan Avenue
Whereas: The allowance of Canisius' students to park on East Delavan Avenue has caused a public safety hazard; and
Whereas: Motorists entering East Delavan Avenue via the exit driveways from the BlueCross BlueShield parking lot and
the M&T Bank parking lot are unable to see into oncoming traffic; and
Whereas: The Masten District Council Office has received numerous complaints from area residents, consumers, and
motorists that frequent the area; and
Whereas: Four parking spots, one on each side of both respective driveways on East Delavan Avenue, are to be
rescinded in order to benefit public safety and improve motorists' visibility.
Now, Therefore Be It Resolved That:
This Common Council hereby requests that the Department of Public Works rescind four parking spots on East Delavan
Avenue, one on each side of the rear exit driveways for both M&T Bank and BlueCross BlueShield parking lots.
Now, Therefore Be It Finally Resolved That:
This Common Council also hereby requests that this item be sent to the Committee on Legislation and the Department of
Public Works, seeking a response by the next meeting of the Common Council of Tuesday, November 29, 2005.
REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS
NO. 118
By: Mr. Thompson
st,
Re: Designating December I2005 as Rosa Parks
Whereas: Rosa Parks, a black seamstress whose refusal to relinquish her seat to a white man on a city bus in
Montgomery, Ala., almost 50 years ago grew into a mythic event that helped touch off the civil rights movement of the
1950's and 1960's; and
Whereas: For her act of defiance, Mrs. Parks was arrested, convicted of violating the segregation laws and fined $10, plus
$4 in court fees. In response, blacks in Montgomery boycotted the buses for nearly 13 months while mounting a
successful Supreme Court challenge to the Jim Crow law that enforced their second-class status on the public bus
system; and
Whereas: In 1955, she captivated the nation and transformed a 26-year-old preacher named Martin Luther King Jr. into a
major civil rights leader; and
Whereas: Her act of civil disobedience, what seems a simple gesture of defiance so many years later, was in fact a
dangerous, even reckless move in 1950's Alabama. Mrs. Parks clarified for people far beyond Montgomery the cruelty
and humiliation inherent in the laws and customs of segregation.
Whereas: This event turned a very private woman into a reluctant symbol and torchbearer in the quest for racial equality
and of a movement that became increasingly organized and sophisticated in making demands and getting results; and
Whereas: The truth, as she later explained, was that she was tired of being humiliated, of having to adapt to the rules,
some codified as law and others passed on as tradition, that reinforced the position of blacks as something less than full
human beings.
Now, Therefore Be It Resolved That:
As a form of appreciation for her historical and revolutionary accomplishments in reshaping the United States, This
Common Council does hereby recognize December 1st of each year as "Rosa Park's Day" in the City of Buffalo.
ADOPT
NO. 119
By Mr. Thompson
Felicitations/In Memoriam
Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as
indicated:
Felicitation for a. Pajak
By Councilmember s Golombek & Franczyk & City Clerk Chwalinski
Felicitation for Bishop-Elect Drayton Day
By Councilmember s Russell, Franczyk & City Clerk Chwalinski
ADOPTED
NO. 120
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 6, 2005 at 9:30 o'clock A.M.
Committee on Finance following Civil Service Tuesday, December 6, 2005 at 10:00 o'clock A.M.
Committee on Legislation Tuesday, December 6, 2005 at 2:00 o'clock P.M.
Committee on Comm. Dev. Wednesday, December 7, 2005 at 10:30 o'clock A.M.
Special Committees
MBEC Monday, December 12, 2005 at 10:00 o’clock AM
In Room 1417 City Hall
(Public Disclaimer): All meetings are subject to change and cancellation by the, respective Chairmen of Council
Committees. In the event that there is sufficient time given for notification, it will be provided. In addition, there may be
meetings set up whereby the City Clerk's Office is not made aware; therefore, unless we receive notice from the
respective Chairmen, we can only make, notification of what we are made aware.
No. 121
Adjournment
On a motion by Mr. Coppola, Seconded by, Mr. Bonifacio, the Council adjourned at 3:15 pm