HomeMy WebLinkAbout05-0628
No.13
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
JUNE 28, 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 sole discretion such issuance to be appropriate.
CITY HALL - BUFFALO 6. The City reaffirms its agreement to apply the proceeds of
TUESDAY, JUNE 28, 2005 the Authority's financings in a manner consistent with its
AT 2:00 P.M. adopted budget and four-year financial plan and to conform to
the requirements of each related Arbitrage and Use of
PRESENT – David A. Franczyk, President of the Proceeds Certificate.
Council, and Council Members Bonifacio, Conrad, 7. The City understands and agrees to provide the Authority
Coppola, , Fontana, Golombek Russell AND Thompson –with any supporting data, descriptions or materials which the
8 Authority requests in connection with any Financeable Costs
ABSENT Davis –– 1 referred to in this Declaration of Need.
All terms in this Declaration of Need not otherwise defined
On a motion by Mr. Coppola seconded by
herein shall have the meanings set forth in the Agreement.
IN WITNESS WHEREOF, I have set my hand this 28th day of
Mr.Fontana, the minutes of the stated meeting held on
June, 2005.
June 14, 2005 were approved
Mr. Coppola moved:
FROM THE MAYOR
That the above communication from the Mayor dated June 28,
2005, be received and filed; and
NO. 01
That upon the request of the Mayor pursuant to Section 3861
CITY OF BUFFALO
of the Public Authorities Law, the Common Council does
DECLARATION OF NEED
hereby authorize the Mayor to request the Buffalo Fiscal
I, Anthony M. Masiello, Mayor of the City of Buffalo (the "City"),
Stability Authority to undertake a refunding of all or a portion of
a municipal corporation of the State of New York, acting
the City's outstanding debt in an amount not to exceed
pursuant to §3861(3) of the Public Authorities Law, added by
$95,000,000 for cash flow as needed and an amount not to
Chapter 122 of the Laws of 2003 (the "Act"), and further
exceed $250,000 for incidental costs/costs of issuance as
pursuant to the Financing Agreement dated as of June 1, 2004
more fully stated in the Declaration of Need.
between the Buffalo Fiscal Stability Authority, a public benefit
PASSED
corporation of the State of New York (the "Authority") and the
AYES - 8 NOES - 0
City (the "Agreement"), to which Agreement this Exhibit is
hereby or shall be incorporated, HEREBY DETERMINE AND
NO. 2
CERTIFY as follows:
Appointment of Trustee to the
1. A Declaration of Need, as defined in the Act, is hereby
Jesse Ketchum Memorial Fund
determined to exist. The City has determined that the issuance
The Deed of Trust executed by Barnabas Hazlitt Breunan,
by the Authority of its bond anticipation notes (and, as
dated September 7, 1871, creating the "Jesse Ketchum
determined appropriate by the Authority, any renewals thereof
Memorial Fund" provides that said Fund shall be administered
or bonds in anticipation of which such notes are issued) to
by five Trustees, including the Mayor and Superintendent of
provide for certain cash flow needs of the City. The amounts of
Education and the vacancies in the three remaining offices of
the Financeable Costs hereby requested to be undertaken is
Trustee shall be filled by the Common Council upon the
set forth on Appendix I hereto, which Appendix I is
nomination of the Mayor.
incorporated herein as an integral part of this Declaration of
Pursuant to the provisions of the aforesaid deed of trust, I
Need.
hereby nominate Letizia A. Conrad, residing at 5 New
2. The City represents and affirms that the foregoing financing
Amsterdam, Buffalo, NY 14216, as Trustee of the Jesse
of Financeable Costs by the Authority is authorized by the Act
Ketchum Memorial Fund.
and is consistent with the current adopted City budget and the
Letizia "Liz" Conrad presently serves as Principal of Buffalo
most recent four-year financial plan submitted to or certified by
Futures Academy #37 and has been involved with the Buffalo
the Authority in conformance with the Act and that such
Board of Education, serving in various capacities, for over
Financeable Costs meet the requirements of Section 4.01(G)
thirty years. Ms. Conrad also has intense community
of the Agreement.
involvement in the Italian, Hispanic, African-American and
3. The City reaffirms the provisions of the Agreement,
Faith based organizations. Ms. Conrad will replace Mr.
including but not limited to each of the covenants, agreements
Leeland Jones who has relocated out of state.
and indemnities therein and agrees herein to provide prompt
Based upon the above qualifications, I hereby certify that
notice of any fact or circumstances which would with the
Letizia A. Conrad is fully qualified to perform the duties as
passage of time or otherwise give rise to any violation or
Trustee of the Jesse Ketchum Memorial Fund.
contravention of the terms of this Declaration of Need, the
REFERRED TOT HE COMMITTEE ON LEGISLATION AND
Agreement or any financial plan submitted to or approved by
THE DIVISION OF COLLECTIONS
the Authority.
4. Pursuant to the Act, the financing plan reflected in this
NO. 3
Declaration of Need and the Agreement, the Authority is
APPOINTMENT AND RE-APPOINTMENT OF MEMBERS
hereby requested to finance, in whole or in part, the
TO THE BUFFALO PRESERVATION BOARD
Financeable Costs set forth in Appendix I hereto. In no event
Pursuant to the powers vested in me by Article II, Section 337-
shall the amount of such financing in any fiscal year exceed
3, Part II of the Code of the City of Buffalo, I hereby appoint
the amount of the Declaration of Need for such year, as it may
and re-appoint the following individuals to the Buffalo
be amended from time to time by an amended Declaration of
Preservation Board.
Need.
Appointment
5. The Authority is also requested to consult with the City with
Cynthia M. Van Ness 464 Norwood Avenue Buffalo 14222
respect to the timing and amount of Authority bond issues so
Cynthia Van Ness is currently a Librarian in the Humanities
that Authority and any City financings may be coordinated. As
and Social Sciences Department of the Buffalo and Erie
more fully provided for in the Agreement, bonds of the
County Public Library. Ms. Van Ness has extensive
Authority shall be issued when the Authority determines in its
professional librarian experience in the City of Buffalo as well
as the City of Rochester. Ms. Van Ness has authored dollars are available.
numerous articles as well as giving many speaking Finally, there have been numerous complaints about grass not
engagements pertaining to preservation and architectural being cut in city parks, especially the Olmstead Parks, where
history of the City of Buffalo. they are renting equipment to get caught up on cutting all
Cynthia Van Ness received a Bachelor of Arts Degree in Art areas of the parks.
History from the State University of New York/Empire State Characterizing May 2005, basic city services have been very
College and a Master of Science Degree in Library Science responsive with one hiccup- tote deliveries, which is being
from SUNY at Buffalo. She has served as a Board Member of addressed. However, the city park maintenance issues are an
the Preservation Coalition of Erie County, Preservation League on-going concern.
of NYS and has an impressive record of community service As always, I hope that you find this information helpful.
and honors. RECEIVED AND FILED
Ms. Van Ness is being appointed to fill a vacancy created by
the departure of Arlette Klaric. Her term will commence FROM THE BOARD OF PARKING
immediately and expire on August 31, 2005.1 fully intend to re-
appoint Ms. Van Ness at that time for a new three term. NO. 6
Re-Appointment: Report of Bids - Repair and
Christopher F. Guerra 513Virginia St Buffalo 14202 preventative maintenance at Main Place
Mr. Guerra's term will commence on September 1,2005 and Bflo. Gen, Osinski and Gallagher ramps
expire on August 3 l, 2008. The Board of Parking advertised for bids for the Repair at
I hereby certify that the above named individuals are fully Preventative Maintenance at the Main Place Mail, Buffalo
qualified to serve as members of the Buffalo Preservation General, Henry J. Osinski and John C. Gallagher parking
Board. ramps on May 25, 2005. The Board of Parking held a public
REFERRED TO THE COMMITTEE ON LEGISLATION AND bid opening on June 22, 2005 at 12:00 p.m. in 1801 City Hall.
THE DIVISION OF COLLECTIONS The bid results are as follows:
Crane Hogan Structural Systems Inc. Part A - Main Place
NO. 4 $1,287,070
Re-Appointment of Member to the 3001 Brockport Road Part B - 3 hospital
Buffalo Sewer Authority ramps$ 495,440
Pursuant to the powers vested in me by Section 1177 of the Spencerport, NY 14559
Public Authorities Law, I hereby reappoint the following, Bid Total A & B
subject to confirmation by Your Honorable Body, as a member $1,782,510
of the Buffalo Sewer Authority for a term commencing Aduddell Roofing & Sheet Metal Inc. Part A - Main Place
immediately and will expire on June 30, 2008: $1,447,889
Re-Appointment: P.O. Box 890550 Part B - 3 hospital ramps
Christopher Roosevelt 35 Holland Place Buffalo, NY $ 511 767
14209 Oklahoma City, OK 73189-0550
I hereby certify that the above named individual is fully Bid Total A & B
qualified to serve as a member of the Buffalo Sewer Authority. $1,959,656
REFERRED TO THE COMMITTEE ON LEGISLATION AND All State Development Inc. Part A - Main Place
THE DIVISION OF COLLECTIONS $1,728,200
FROM THE MAYOR - EXECUTIVE DEPARTMENT 31 Ransier Drive Part B - 3 hospital ramps
FROM THE OFFICE OF CITIZEN SERVICES $ 806 129
West Seneca, NY 14224
NO. 5 Bid Total A & B $ 2,534,329
Monthly Report- Division of Citizen R.W. Painting Inc. Part A - Main Place $ 2,035,953.34
Services- May 2005 65 Mid Cotmtry Drive Part B - 3 hospital ramps 819 116.66
Attached for your review is the following: (1) Chart of Service Orchard Park, NY 14127
Calls for May 2005, (2) Chart of Service Calls for May 2004- Bid Total A & B $ 2,855,070.00
for comparative purposes, and (3) Chart of "Open" calls for The Board of Parking at its regular monthly meeting of June
April 2005, as of June 1, 2005. 23, 2005 voted to recommend Crane Hogan Structural
Overall, May 2005 saw a reduction in service request calls Systems Inc. as the lowest responsible bidder be awarded a
from April, of about 9%, 3,337 to 3,065. contract to perform repairs and preventative maintenance at
The service categories that had increases, such as Housing the Main Place, Buffalo General, Henry J. Osinski and John C.
Violations (580 to 740), Police Concerns (68 to 97), and Gallagher Sr. parking ramps as follows:
Adjudication (69 to 103); are all seasonal increases associated Part A - Main Place $1,287,070
with Spring/Summer months, when residents are more Part B - 3 Hospital Ramps 495,440
involved in gardening, clean ups and home repair projects. $1,782.510
Basically, all areas of the city are more involved in Funds are available in the maintenance reserve and debt
neighborhood clean up efforts than in the past, and the calls service reserves as follows:
received are to address the eyesores that are hindering those Main Place - Reserve Account No. 51008207 -470010
clean up efforts. Hospital ramps - Reserve Account No. 5100000 253130
The Permit and Inspection Department and Adjudication both Mr. Coppola moved:
responded to over 70% of their service requests within 30 days That the above communication from the Board of Parking
and based upon the volume of requests versus scheduled dated June 22, 2005, be received and filed; and
workload, both offices did excellent jobs in responding and That the Chairman of the Board of Parking be, and he hereby
reporting back on their efforts. is authorized to award a contract for the Repair at Preventive
Areas that need improvement are responses to rodent Maintenance at the Main Place Mall, Buffalo General, Henry J.
complaints and garbage tote replacement requests. Osinski and John C. Gallagher parking ramps, to Crane Hogan
Most rodent and other animal complaints are being addressed Structural Systems, Inc., the lowest responsible bidder, in the
within 30 days, but we are not receiving the resolutions within total amount of $1,782,510. Funds for the project are available
that time period. Consequently, we will continue to improve in the maintenance reserve and debt service reserves as
this reporting issue with rodent control. follows:
The garbage tote requests have been taking longer than 30 Main Place - Reserve Account No. 51008207-470010
days, due in large part to a temporary shortage in new totes Hospital ramps - Reserve Account No. 5100000 253130
which will be rectified after July 1, 2005, when new budget PASSED
AYES - 8 NOES - 0
NO. 7 Contract Prior to Change $1,001,000
Change Order N. 5 Contract with increase $ 5,261
Augspurger Parking Ramp New Contract Amount $1,006,261
Modem Mosaic Ltd. Mr. Coppola moved:
Due to a clerical error, the following Change Order No. 5 was That the above communication from the Board of Parking
left off the previous list submitted to the Common Council and dated June 22, 2005, be received and filed; and
approved in Item No. 7, CCP 6/14/05. The Parking Board at its That the Chairman of the Board of Parking be, and he hereby
regular monthly meeting of June 23, 2005 voted to recommend is authorized to issue change order No. 5, to Modem Mosaic
the approval of the $5261 increase to Modem Mosaic Ltd's Ltd., an increase in the amount of $5,261, as more fully
contract. described in the above communication, for work relating to
nd
Augspurger Parking Ramp.
Change Order No. 5 - additional recast at 2floor bridge
PASSED
$5261
AYES - 8 NOES - 0
Original Contract $1,001,000
Net by Previous Change -0-
NO. 8 professional office building with parking for 95 vehicles.
Existing Management Agreement The Agency has also determined that the proposed
Buffalo Civic Auto Ramps Inc. Amendment to the Land Disposition Agreement
Per the request of the Finance Committee, attached negotiated by the Agency and the Redeveloper is
please find the current Management Agreement satisfactory.
between the City of Buffalo and Buffalo Civic Auto Please be advised that in accordance with the
Ramps, Inc. provisions of Article 15A of the General Municipal Law,
REFERRED TO THE COMMITTEE ON FINANCE it is now necessary for your Honorable Body to set a
DEPARTMENT HEAD NAME: date for a public hearing, and to direct the publication of
a notice of said hearing. In the interest of time and
FROM THE CITY PLANNING BOARD anticipating that Your Honorable Body is willing to
expedite this matter, I have taken the liberty to prepare
NO. 9 a Resolution together with a Notice of Public Hearing
Temple Beth Zion for your action.
795 Delaware Ave. Forwarded separately are the following
Accessory sign documents: 1. Resolution setting
Item No. 62, C.C.P. 6/14/2005 Public Hearing 2. Notice of Public
The City Planning Board at its regular meeting held Hearing
Wednesday, June 21, 2005, considered the matter 3. Resolution approving proposed
captioned above pursuant to Section 387-19 of the Land Disposition Agreement
Buffalo Code, Application for billboard, ground or pole After the Public Hearing is held, Your
sign permits. Honorable Body may adopt a Resolution authorizing
The applicant seeks to erect a 12'x29" ground lit ground the disposition of the land to the Redeveloper, which
~ID" sign at 795 Delaware Avenue. Under SEQR the the Agency has designated as being qualified and
proposed signs are considered an unlisted action which eligible
may be studied through uncoordinated review. This REFERRED TO THE COMMITTEE ON COMMUNITY
sign was also approved be the Buffalo Preservation DEVELOPMENT
Board.
The Planning Board voted to recommend approval of NO. 12
the proposed accessory sign. Results of Negotiations
RECEIVED AND FILED 234 Massachusetts, 41' SW Normal
Lot Size: 30' x 110'
NO. 10 Assessed Valuation: Land $ 3,700.
Waterfront Urban Renewal Plan Total 20,000.
Amendment - Parcels 18A, 20 & 24 (Niagara District)
The City Planning Board at its regular meeting held The Office of Strategic Planning, Division of
Tuesday, June 21 2005, considered the matter Real Estate, has received a request to purchase 234
captioned above pursuant to Section 18-48 of the Massachusetts Avenue from Mr. Du Nguyen, 266
Buffalo Code, Matters Referable to the City Planning Vermont Street, Buffalo, New York 14213. He intends
Board. to make repairs in the amount of sixteen thousand
Attached please find the Planning Board's report and dollars ($16,000), in order to bring 234 Massachusetts
resolution of the approving action for this amendment. Avenue into code compliance and use as a place of
REFERRED TO THE COMMITTEE ON COMMUNITY residence.
DEVELOPMENT The purchaser has provided the Division of Real Estate
with cost estimates and proof of financial ability to
FROM THE OFFICE OF STRATEGIC PLANNING acquire and rehabilitate 234 Massachusetts Avenue.
This two and one half story 2,696 square foot two
NO. 11 family, with a rear cottage is in fair condition acquired
REQUEST TO AMEND LDA by the City of Buffalo through tax foreclosure in 2002,
OAK MICHIGAN CORRIDOR situated on a lot 30' x 110.
PHASE IIB LTRA The Department of Permits and Inspection Services
APPROVAL OF AMENDMENT TO and the Division of Collections have no objections to
CONTRACT FOR the sale. There are no code violations, taxes or other
SALE OF LAND - 700 MICHIGAN liens owed to the City of Buffalo by the purchaser.
The City of Buffalo Urban Renewal Agency The Division of Real Estate has investigated the sale of
duly designated Western New York Medical Arts Center similar property in the subject area. Sales prices range
and/or joint venture, partnership, corporation or other from two dollars and ninety ($2.90) to six dollars and
legal entity to be formed as the qualified and eligible twenty cents ($6.20) per square foot of living area.
Redeveloper for the subject parcel. The Agency The results of our negotiations are that Mr. Du Nguyen
entered into a Land Disposition Agreement with has agreed and is prepared to pay eight thousand
Western New York Medical Arts Center on June 23, dollars ($8,000.), three dollars ($3.00) per square foot
2005 for the sale of the above referenced property. of living area. He has also agreed to pay for the cost of
Western New York Medical Arts Center was planning to transfer tax, recording fees and cost of the legal
construct a two-story, 22,000 sq.ft, mixed-use medical description.
office building, adjacent to the MRI Center at 222 I am recommending that Your Honorable Body approve
Genesee. Due to unexpected delays and retractions the sale of
from possible tenants, their plans have been delayed 234 Massachusetts Avenue to Mr. Du Nguyen in the
and building plans have been scaled down. Western amount of eight thousand dollars ($8,000). I am further
New York Medical Arts Center is now proposing to recommending that the Corporation Counsel prepare
construct a 9,680 sq.ft., one-story mixed-use the necessary documents for the transfer of title and
that the Mayor be authorized to execute the same. formed as the qualified and eligible Redeveloper for the
Mr. Coppola moved: subject properties.
That the above communication from the Office of The Agency has also determined that the proposed
Strategic Planning, Division of Real Estate, dated June Land Disposition Agreement negotiated by the Agency
24, 2005, be received and filed; and and the Redeveloper is satisfactory.
That the offer from Mr. Du Nguyen, residing at 266 Please be advised that in accordance with the
Vermont Street, in the sum of eight thousand dollars provisions of Article 15A of the General Municipal Law,
($8,000.00) for the purchase of 234 Massachusetts it is now necessary for your Honorable Body to set a
Avenue, be and hereby is accepted; and date for a public hearing, and to direct the publication of
That the transfer tax, recording fees and cost of legal a notice of said hearing. In the interest of time and
description shall be paid by the purchaser; and anticipating that Your Honorable Body is willing to
That the Corporation Counsel be authorized to prepare expedite this matter, I have taken the liberty to prepare
the necessary documents for the transfer of title and a Resolution together with a Notice of Public Hearing
that the Mayor be authorized to execute the same, in for your action.
accordance with the terms of sale upon which the offer Forwarded separately are the following documents:
was submitted. 1. Resolution setting Public Hearing
PASSED 2. Notice of Public Hearing
AYES - 8 NOES - 0 3. Resolution approving proposed Land Disposition
Agreement
NO. 13 After the Public Hearing is held, Your Honorable Body
Transfer of Title may adopt a Resolution authorizing the disposition of
Urban Homestead Program the land to the Redeveloper, which the Agency has
246 Fourteenth Street designated as being qualified and eligible
(City-Owned Vacant Lot, 23' x 149') REFERRED TO THE COMMITTEE ON COMMUNITY
(Niagara District) DEVELOPMENT
The Office of Strategic Planning, Division of
Real Estate, has surveyed the City-owned vacant lot at NO. 15
246 Fourteenth Street, Buffalo, New York, parcel is 23' PERMANENT EASEMENT
x 149'; and it has been determined this parcel is PORTION OF 639 MAIN ST.
inappropriate for either the construction of new housing BURA AND PLAZA GROUP 200
or needed for public purpose. LLC
Mr. Gary Huff owns and resides at 250 Fourteenth The City of Buffalo Urban Renewal Agency approved a
Street, Buffalo, New York 14213. Mr. Huff has indicated Permanent Easement Agreement between the Agency
he will clean, improve and maintain the lot at 246 and Plaza Group 200 LLC.
Fourteenth Street in the event he obtains title to the The Agency has also determined that the proposed
property under the Urban Homestead Program. Easement Agreement negotiated by the Agency and
The Department of Permit and Inspection Services and Plaza Group 200 LLC is satisfactory.
the Division of Collections have been contacted. There Please be advised that in accordance with the
are no property code violations, taxes or other liens provisions of Article 15A of the General Municipal Law,
owed to the City of Buffalo by the homesteader. it is now necessary for your Honorable Body to set a
We, therefore, recommend the City-owned vacant lot date for a public bearing, and to direct the publication of
be designated as a Homestead Property and be a notice of said hearing. In the interest of time and
transferred to Mr. Huff on the condition the property is anticipating that Your Honorable Body is willing to
cleaned and improved within six (6) months and expedite this matter, I have taken the liberty to prepare
maintained in a sanitary manner. a Resolution together with a Notice of Public Hearing
Mr. Coppola moved: for your action.
That the above communication from the Office of Forwarded separately are the following documents:
Strategic Planning dated June 24, 2005, be received 1. Resolution setting Public Hearing
and filed; and 2. Notice of Public Hearing
That the city-owned property commonly known as 246 3. Resolution approving proposed Easement
Fourteenth Street, is hereby designated as Homestead Agreement
Property, and that the Mayor be, and he hereby is After the Public Hearing is held, Your Honorable Body
authorized to execute a deed transferring said property may adopt a Resolution authorizing the disposition of
to Mr. Gary Huff, residing at the land to Plaza Group 200 LLC.
250 Fourteenth Street, for the amount of One Dollar REFERRED TO THE COMMITTEE ON COMMUNITY
($1.00) and no more, and all costs of transfer, on the DEVELOPMENT
condition the property is cleaned and improved within
six (6) months and maintained in a sanitary manner. NO. 16
PASSED Request for Information - BURA
AYES - 8 NOES - 0 As per your request, I am forwarding to you
the most recent internal "Contract List" reports for
NO. 14 BURA for the period ending May 31,2005. Please note
APPROVAL OF CONTRACT FOR that these reports are used internally to list expenses
SALE OF LAND and budgetary balances by specific contract items. The
800 MAIN STREET LLC - expenses included therein are cumulative and
REDEVELOPER represent expenses incurred since the inception of the
844,846,850,854,858 AND 864 MAIN CDBG budget year noted in the contract number
The City of Buffalo Urban Renewal Agency duly disclosed on the report.
designated 800 Main Street LLC and/or joint venture, BURA uses the Annual Action Plan, submitted to HUD,
partnership, corporation or other legal entity to be as our annual budget. You have already received,
reviewed and accepted the Annual Action Plan, BURA's CORPORATION COUNSEL AND THE
summary budgetary plan. As contracts are established COMPTROLLER
each year, the dollar amount is reduced from available
budgetary funds and are recorded on the "Contract FROM THE COMMISSIONER OF MANAGEMENT
List". INFORMATION SYSTEMS
REFERRED TO THE COMMITTEE ON FINANCE NO. 19
CERTIFICATE OF APPOINTMENT
FROM THE COMMISSIONER OF ASSESSMENT AND Appointment Effective: June 13, 2006 in the
TAXATION Department of MIS to the Position of Sr. Data
NO. 17 Processing Equipment Operator
INFO PARTIAL COLLECTION OF BACK TAXES PROVISIONAL APPOINTMENT AT THE MAXIMUM
C.C.P. ITEM 59, APRIL 19, 2005 Starting Salary of: $35063
Kenneth Doverspike, 122 Taunton, Buffalo, NY 14216
Honorable Body: REFERRED TO THE COMMITTEE ON CIVIL
You have referred to me for my response the April 8 , SERVICE
2005 communication from New York State
Assemblymember Sam Hoyt concerning partial NO. 20
payment of delinquent real property taxes. Attached is CERTIFICATE OF APPOINTMENT
my response. Appointment Effective June 20, 2005 in the
RECEIVED AND FILED Department of MIS to the Position of System Support
Specialist, Permanent Appointment, Non-Competitive at
NO. 18 the Maximum Salary of $51,200
BAILEY AMHERST SPECIAL ASSESSMENT James Seguin, 91 Larchmont, Buffalo, NY 14214
CHARGE REFERRED TO THE COMMITTEE ON CIVIL
LEGISLATION COMMITTEE MEETING JUNE 21,2005 SERVICE
Honorable Body:
This will respond to the June 22, 2005 e-mail FROM THE COMMISSIONER OF PUBLIC WORKS
communication of Mark Jaskula, Senior Legislative NO. 21
Assistant, copy attached, requesting my response to NOTIFICATION SERIAL # 10016
statements made at the June 21, 2005 Legislation INSTALL NO STANDING
Committee Meeting by Robert Cohen, President of the ON SOUTH DIVISION STREET, NORTH SIDE
Bailey Amherst Business Association, concerning funds BETWEEN ELM STREET
owed to the Bailey Amherst Business Association for AND MICHIGAN AVENUE
the Bailey Amherst Special Assessment Charge. (ELLICOTT DISTRICT)
The Bailey Amherst Special Assessment Charge is not NO STANDING - INSTALL
a tax levied by the City for services performed by the In conformity with Section 49 of Chapter 479 of the
City. Under the Bailey Amherst agreement, the function Ordinances of the City of Buffalo, the City Engineer
of the Department of Assessment and Taxation is hereby notifies Your Honorable Body of this action
merely to issue invoices and collect for the Bailey supplementing, amending, or repealing existing
Amherst Special Assessment Charge. Again, let me provisions of Chapter 479 of the Ordinances, as stated
reiterate that this charge is not a tax or even a special below, to be effective forty five days after the first
assessment, is a fee charged by the District to Council meeting at which they appear on the agenda as
properties in the designated Business District for an item business.
services performed solely by the Bailey Amherst That that part of Subdivision 22 Section 15 of Chapter
Business Association. 479 of Ordinances of the City of Buffalo be
As a point of information, all monies collected pursuant supplemented by adding thereto the following: NO
to the Agreement are deposited into the Bailey Amherst STANDING
Special Assessment Account and are disbursed by the PROHIBITED PORTION OF HIGHWAY
Accounting Division upon request by the Bailey PROHIBITED PERIOD
Amherst Business Association. I suggest that the Bailey South Division Street, north side At all
Amherst Business Association contact Ann Forti-times.
Sciarrino, City Accountant, for the proper procedure Between Elm Street and Michigan Avenue
The only "special assessment" that the Department of
Assessment and Taxation may add to the tax bill is for NOTIFICATION SERIAL # 10017
services that are performed citywide by the City of NO STANDING - REPEAL
Buffalo. The City Charter section referencing "Local ON MICHIGAN AVENUE, WEST SIDE
Assessment states that such a special assessment may BETWEEN NORTH DIVISION STREET
be added to the first half of the tax bill and enforced AND SOUTH DIVISION STREET
through foreclosure and that "local assessment" refers (ELLICOTT DISTRICT)
to charges for services performed by the City such as NO STANDING - REPEAL
grass and tree cutting, sidewalk repair and demolition. In conformity with Section 49 of Chapter 479 of the
With respect to the enforcement of collection, the Ordinances of the City of Buffalo, the City Engineer
Department of Assessment and Taxation has no legal hereby notifies Your Honorable Body of this action
authority to enforce the collection of the Bailey Amherst supplementing, amending, or repealing existing
Special Assessment Charge and properties in the provisions of Chapter 479 of the Ordinances, as stated
District subject to this fee cannot be foreclosed by the below, to be effective forty five days after the first
City of Buffalo because the charge is not a charge for Council meeting at which they appear on the agenda as
services provided by the City of Buffalo nor is it a tax an item business.
levied against the property. That that part of Subdivision 22 Section 15 of Chapter
REFERRED TO THE COMMITTEE ON FINANCE, THE 479 of Ordinances of the City of Buffalo be
supplemented by repealing therefrom the following: Public Safety Campus.
NO STANDING
PROHIBITED PORTION OF HIGHWAY PROHIBITED NOTIFICATION SERIAL # 10020
PERIOD REPEAL NO PARKING
Michigan Avenue, west side 7:00 am to 9:00 am ON NORTH DIVISION STREET, SOUTH SIDE
between North Division Street and 4:00 pm to BETWEEN MICHIGAN AVENUE
6:00 pm AND ELM STREET
South Division Street (ELLICOTT DISTRICT)
Except Saturday and Sunday
This action is being taken at the request of Erie County NO PARKING - REPEAL
Department of Public Works for the new Erie County In conformity with Section 49 of Chapter 479 of the
Public Safety Campus. Ordinances of the City of Buffalo, the City Engineer
hereby notifies Your Honorable Body of this action
NOTIFICATION SERIAL # 10018 supplementing, amending, or repealing existing
PERMISSIVE PARKING - REPEAL provisions of Chapter 479 of the Ordinances, as stated
ON MICHIGAN AVENUE, WEST SIDE below, to be effective forty five days after the first
BETWEEN NORTH DIVISION STREET Council meeting at which they appear on the agenda as
AND SOUTH DIVISION STREET an item business.
(ELLICOTT DISTRICT) That that part of Subdivision 24 Section 15 of Chapter
479 of Ordinances of the City of Buffalo be
PERMISSIVE PARKING - REPEAL supplemented by repealing therefrom the following:
In conformity with Section 49 of Chapter 479 of the NO PARKING
Ordinances of the City of Buffalo, the City Engineer PROHIBITED PORTION OF HIGHWAY
hereby notifies Your Honorable Body of this action PROHIBITED PERIOD
supplementing, amending, or repealing existing North Division Street, south side at all
provisions of Chapter 479 of the Ordinances, as stated times
below, to be effective forty live days after the first between Michigan Avenue
Council meeting at which they appear on the agenda as and Elm Street
an item business. This action is being taken at the request of Erie County
That that part of Subdivision25 Section 15 Department of Public Works for the new Erie County
ofChapter479ofOrdinances of the City of Buffalo be Public Safety Campus.
supplemented by repealing therefrom the following:
PERMISSIVE PARKING NOTIFICATION SERIAL # 10021
PERMISSIVE PARKING LOCATION PERIOD OF INSTALL NO STANDING
PERMISSIVE PARKING - DAILY ON NORTH DIVISION SWEET, SOUTH SIDE
Michigan Avenue, west side one hour BETWEEN MICHIGAN AVENUE
parking AND ELM STREET
between North Division Street 9 am to 4 pm (ELLICOTT DISTRICT)
and South Division Street. Except Sunday
This action is being taken at the request of Erie County NO STANDING - INSTALL
Department of Public Works for the new Erie County In conformity with Section 49 of Chapter 479 of the
Public Safety Campus. Ordinances of the City of Buffalo, the City Engineer
hereby notifies Your Honorable Body of this action
NOTIFICATION SERIAL # 10019 supplementing, amending, or repealing existing
INSTALL NO STANDING provisions of Chapter 479 of the Ordinances, as stated
ON MICHIGAN AVENUE, WEST SIDE below, to be effective forty five days after the first
BETWEEN NORTH DIVISION STREET Council meeting at which they appear on the agenda as
AND SOUTH DIVISION STREET an item business.
(ELLICOTT DISTRICT) That that part of Subdivision 22 Section 15 of Chapter
NO STANDING - INSTALL 479 of Ordinances of the City of Buffalo be
In conformity with Section 49 of Chapter 479 of the supplemented by adding thereto the following:
Ordinances of the City of Buffalo, the City Engineer NO STANDING
hereby notifies Your Honorable Body of this action PROHIBITED PORTION OF HIGHWAY
supplementing, amending, or repealing existing PROHIBITED PERIOD
provisions of Chapter 479 of the Ordinances, as stated North Division Street, south side At all
below, to be effective forty five days atter the first times.
Council meeting at which they appear on the agenda as between Michigan Avenue
an item business. and Elm Street
That that part of Subdivision 22 Section 15 of Chapter This action is being taken at the request of Erie County
479 of Ordinances of the City of Buffalo be Department of Public Works for the new Erie County
supplemented by adding thereto the following: Public Safety Campus.
NO STANDING
PROHIBITED PORTION OF HIGHWAY PROHIBITED NOTIFICATION SERIAL # 10022
PERIOD NO STANDING - REPEAL
Michigan Avenue, west side ON WEST CHIPPEWA STREET, SOUTH SIDE
between North Division Street BETWEEN A POINT 120' EAST OF SOUTH
and South Division Street At all ELMWOOD AVENUE
times. AND A POINT 105' WEST OF FRANKLIN STREET
This action is being taken at the request of Erie County (ELLICOTT DISTRICT)
Department of Public Works for the new Erie County
NO STANDING - REPEAL NO STANDING
In conformity with Section 49 of Chapter 479 of the PROHIBITED PORTION OF HIGHWAY
Ordinances of the City of Buffalo, the City Engineer PROHIBITED PERIOD
hereby notifies Your Honorable Body of this action East Chippewa Street, south side 4:00
supplementing, amending, or repealing existing pm to 6:00 pm
provisions of Chapter 479 of the Ordinances, as stated between a point 40' east of Main Street
below, to be effective forty five days after the first Except Saturday and Sunday
Council meeting at which they appear on the agenda as and a point 35' west of Washington Street
an item business. This action is being taken in order to provide easier on-
That that part of Subdivision 22 Section 15 of Chapter street parking access on Chippewa Street.
479 of Ordinances of the City of Buffalo be Waive 45 Days
supplemented by repealing therefrom the following: RECEIVED AND FILED
NO STANDING
PROHIBITED PORTION OF HIGHWAY NO. 22
PROHIBITED PERIOD ANIMAL SHELTER
West Chippewa Street, south side 4:00 Hills Science Diet has approached this Department with
pm to 6:00 pm a proposal that I believe will benefit the City of Buffalo
between a point 120' east of South Elmwood Avenue and the Buffalo Animal Shelter.
Except Saturday and Sunday Hill Science Diet, a company that is a leader in the pet
and a point 105' west of Franklin Street food industry, offers a program that partnership with
This action is being taken in order to provide easier on-various Animal Shelters that meet specific criteria. The
street parking access on Chippewa Street. City of Buffalo Animal Shelter meets this criterion.
Hills Science Diet proposes to supply the Buffalo
NOTIFICATION SERIAL # 10023 Animal Shelter with high quality feed, for both dogs and
NO STANDING- REPEAL cats, at a greatly reduced price. They offer to provide
ON WEST CHIPPEWA STREET, SOUTH SIDE the food that the Shelter needs for $ .18 per pound,
BETWEEN A POINT 95' EAST OF PEARL STREET plus the cost of shipping. This department is currently
AND A POINT 60' WEST OF MAIN STREET paying $ .49 per pound plus shipping. In exchange,
(ELLICOTT DISTRICT) Science Diet requires that the City of Buffalo enter into
NO STANDING - REPEAL a contractual agreement relationship with them for a
In conformity with Section 49 of Chapter 479 of the period of two (2) years. In addition to the signed
Ordinances of the City of Buffalo, the City Engineer agreement, participants (Buffalo Animal Shelter) will
hereby notifies Your Honorable Body of this action forward adopter's names (with the adopter's
supplementing, amending, or repealing existing permission) to Hill's so that the adopter's may receive
provisions of Chapter 479 of the Ordinances, as stated information and money-saving coupons directly from
below, to be effective forty five days after the first Hills. Hills guarantee's that these names will not be
Council meeting at which they appear on the agenda as shared with anyone outside of Hills Pet Nutrition. The
an item business. participant's also agree to display in- shelter signage
That that part of Subdivision 22 Section 15 of Chapter announcing participation in this program. A copy of the
479 of Ordinances of the City of Buffalo be Provisions for participation in this program is herewith
supplemented by repealing therefrom the following: attached.
NO STANDING After reviewing this proposal, I feel that this offer is an
PROHIBITED PORTION OF HIGHWAY opportunity that will greatly benefit the Buffalo Animal
PROHIBITED PERIOD Shelter and the City of Buffalo. In addition to the cost
West Chippewa Street, south side 4:00 savings, we will improve the quality of food that will be
pm to 6:00 pm provided to the pets at the Shelter.
between a point 95' east of Pearl Street The Buffalo Animal Shelter's current contract with
th.
Except Saturday and Sunday
Petnet, for pet food, expires on June 30We are
and a point 60' west of Main Street
requesting approval to this request to expedite the
This action is being taken in order to provide easier on-
contract with Hills Science Diet for immediate delivery
street parking access on Chippewa Street.
of the first shipment of food as shortly after July 1,
2005, as possible.
NOTIFICATION SERIAL # 10024
REFERRED TO THE COMMITTEE ON FINANCEAND
NO STANDING - REPEAL
THE CORPORATION COUNSEL
ON EAST CHIPPEWA STREET, SOUTH SIDE
BETWEEN A POINT 40' EAST OF MAIN STREET
NO. 23
AND A POINT 35' WEST OF WASHINGTON STREET
REPORT OF BIDS - GENERAL
(ELLIEOTT DISTRICT)
CONSTRUCTION
NO STANDING - REPEAL
105 WEST MARKET STREET ROOF
In conformity with Section 49 of Chapter 479 of the
RECONSTRUCTION
Ordinances of the City of Buffalo, the City Engineer
(FILLMORE)
hereby notifies Your Honorable Body of this action
supplementing, amending, or repealing existing
provisions of Chapter 479 of the Ordinances, as stated
I advertised on June 1, 2005 and have received the
below, to be effective forty five days after the first
following bids for the reconstruction of the roof at I05
Council meeting at which they appear on the agenda as
West Market Street, which were publicly opened & read
an item business.
on June 22, 2005. The site is the storage and site crew
That that part of Subdivision 22 Section 15 of Chapter
facility for the Office of Strategic Planning.
479 of Ordinances of the City of Buffalo be
supplemented by repealing therefrom the following:
General Contractor Base Bid
131 California Drive
Williamsville, New York 14221
Jos. A. Sanders & Sons, Inc..$252,705.00
PO Box 814
Oakgrove Construction, Inc. $2,562,000.00
Buffalo, NY 14240
$680,000.00 $3,242,000.00
6900 Seneca Street
Weaver Metal & Roofing, Inc. $262,520.00
Elma, New York 14059
40 Appenheimer Avenue
I hereby certify that the lowest responsible bidder for
Buffalo, NY 14214
the above project is Herbert F. Darling Construction and
respectfully recommend that your Honorable Body
Grove Roofing Services, Inc $267,600.00
order the work. 1 am requesting the cost thereof tu be
131 Reading Street
charged to Capital Project Accounts 38310106,
Buffalo, NY 14220
37310606 and 30032106 in an amount of
$2,089,131.00 (Base Bid) and $589,131.00 (Alternate
Jameson Roofing Co., Inc. $277,038.40
Bid), plus a 10% unit price increase of $267,826.20 for
3761 East Lake Road
a total award of $2,946,088.20. The Engineer's
Dunkirk, NY 14048
estimate for this work is $2,805,620.08. The above is
certified to be a true and accurate statement of the bids
Progressive Roofing, Inc. $363,400.00
received. Under General Municipal Law any bidder may
Passed.
withdraw his bid if the award of this contract is not
made by July 29, 2005. Individual bid submissions are
331 Grote Street
available in our office for inspection and copies are
Buffalo, NY 14207
available upon request.
I hereby certify the foregoing is a true and correct
Mr. Coppola moved
statement of the bids received and that Jos. A. Sanders
That the above communication from the Commissioner
& Sons, PO Box 814, Buffalo, NY 14240 is the lowest
of Public Works, Parks and Streets dated June 21,
responsible bidder in accordance with the plans and
2005, be received and filed; and
specifications; and that the contract amount is
That the Commissioner of Public Works, Parks and
$252,705.00
Streets be, and he hereby is authorized to award a
I request that Your Honorable Body authorize the
contract for the Cazenovia Creek Bank Stabilization
Commissioner of Public Works, Parks & Streets to
Project to Herbert F. Darling Construction, the lowest
order the work on the basis of the low bids. The
responsible bidder, in an amount to be charged to
Engineer's estimate for this work was $225,000.00 and
Capital Project Accounts 38310106, 37310606 and
funds for this work are available in account #38320906-
30032106 in an amount of $2,089,131.00 (Base Bid)
445100.
and $589,131.00 (Alternate Bid), plus a 10% unit price
Mr. Coppola moved:
increase of $267,826.20 for a total award of
That the above communication from the Commissioner
$2,946,088.20.
of Public Works, Parks and Streets dated June 23,
PASSED
2005, be received and filed; and
AYES - 8 NOES - 0
That the Commissioner of Public Works, Parks and
Streets, be, and he hereby is authorized to award a
NO. 25
contract for the roof at 105 West Market Street, to Jos.
CHANGE IN CONTRACT, CDBG FUND TRANSFER [:
A. Sanders, Inc., the lowest responsible bidder, in the
CITY-WIDE SIDEWALK REPLACEMENT - 2004 [: P &
amount of $252,705.00. Funds for the project are
J CONSTRUCTION CO., INC., GROUP #624 [:
available in account #38320906-445100.
CONTRACT #92010888 - UNIVERSITY DISTRICT
PASSED
I hereby submit to your Honorable Body the following
AYES - 8 NOES - 0
unit price additions to the contract for the above named
Project. This change order is necessary for
NO. 24
curb/sidewalk replacement @ Parkridge/Amherst and
CAZENOVIA CREEK BANK STABILIZATION
other locations in the University District as requested by
PROJECT
Councilmember Russell. Work to be done is reimbursed
SOUTH PROJECT
with Block Grant funds as approved by BURA Item 3H
I have advertised on June 1, 2005 and received bids on
of May 12, 2005 (copy attached).
June 15, 2005 for the Cazenovia Creek Bank
Change order quantities are as follows:
Stabilization Project.
Info available for review in The City Clerk’s Office
The base bid of this project will include the installation
of approximately 1100' of new bank stabilization along
Existing Contract Amount $1,037,070.14
Cazenovia Creek, while the alternate bid is the repair of
Increase in Contract $20,000.00
330' of existing bank stabilization that has failed.
In obtaining bids for the above project, I have asked for
Total Contract to Date $1,057,070.14
bids on a unit price basis covering the various items of
Funds for this change are available in CDBG Account
work and material which will be performed. The final
#30-01201 and permission is requested to transfer the
cost of the work will be based on the actual measured
CDBG funds into our Capital Project account
quantities of material entering into the work and may be
#30032106.
more or less than the total bid.
The following bids were received:
I respectfully certify that this change order is fair and
Contractor Base Bid
equitable for the work involved, and respectfully request
Alternate Bid TotalBid
that yonx Honorable Body approve the subject Change
Herbert F. Darling Construction $2,089,131.00
order and authorize the Commissioner of Public Works
$589,131.00 $2 678 262.00 (Low)
to issue said change order to P & J Construction Co.,
Inc. CHANGE IN CONTRACT
Mr. Coppola moved: ELMWOOD HERTEL FIRE STATION
That the above communication from the Commissioner CONSTRUCTION
of Public Works, Parks and Streets dated June 23, JOB #0436
2005, be received and filed; and NORTH DISTRICT
That the Commissioner of Public Works, Parks and I hereby submit to Your Honorable Body the following
Streets be, and he hereby is authorized to issue a changes for the Elmwood Hertel Fire Station,
change order, to P & J Construction Co., Inc., an Construction, General Construction, Concept
increase in the amount of $20,000.00, as more fully Construction Corp., C #92010961.
described in the above communication, for work relating 1. Remove existing guardrail on east side of property
to City-Wide Sidewalk Replacement - 2004, Group and Add $ 684.00
#624, Contract #92010888. Funds for this project are existing concrete curbing on west side of property.
available in CDBG Account #30-01201 and authorized 2. Add door closers on openings #3, #23, #31, #33.
the Commissioner of Public Works, Parks and Streets Add $ 858.00
to transfer the CDBG funds into Capital Project account Add additional row of block shear connectors at
#30032106. Add $ 712.00
PASSED parapet brick corbelling area.
AYES - 8 NOES - 0 The foregoing change results in a net increase in the
contract of Two Thousand Two Hundred Fifty Four and
NO. 26 00/100 Dollars ($2,254.00).
CHANGE IN CONTRACT, CDBG FOND TRANSFER Current Contract Amount
CITY-WIDE SIDEWALK REPLACEMENT - 2004 $1,851,197.00
P & J COASTRUCTION CO., INC., GROUP #624 Amount of This Change Order (#2) $
CONTRACT #92010888 - NIAGARA DISTRICT 2,254.OO
I hereby submit to your Honorable Body the following Revised Contract Amount
unit price additions to the contract for the above named $1,853,451.00
Project. This change order was necessary for Costs have been reviewed by the Consulting Architect
curb/sidewalk replacement on Bryant Street between (Carmina & Wood, PC) and the Department of Public
Ashland to Richmond and other locations in the Niagara Works, Parks & Streets and were found to be fair and
District as requested by Councilmember Bonifacio. equitable. Funds for this work are available in
Work to be done is reimbursed with Block Grand funds 38320406 445100 - Division of Buildings.
as approved by BURA Item 3A of March 24, 2005 (copy I request that Your Honorable Body authorize the
attached). Commissioner of Public Works, Parks & Streets to
Change order quantities ere as follows: issue a change order to the contractor as set forth
Contract Unit Estimated Estimated above.
Info available for review in The City Clerk’s Office Mr. Coppola moved:
Total $46,585.00 That the above communication from the Commissioner
Existing Contract Amount $1,057,070.14 of Public Works, Parks and Streets dated June 21,
Increase in Contract $46,585.00 2005, be received and filed; and
That the Commissioner of Public Works, Parks and
Total Contract to Date $1,103,655.14 Streets be, and he hereby is authorized to issue change
Funds for this change are available in CDBG Account order No. 2, to Concept Construction, an increase in the
#30-01201 and permission is requested to transfer the amount of $2,254.00, as more fully described in the
CDBG Funds into our Capital Project Account above communication, for work relating to Elmwood
#30032106. Hertel Fire Station Construction, Job #0436, C
I respectfully certify that this change order is fair and #92010961. Funds for this project are available in
equitable for the work involved, and respectfully request 38320406 445100 -Division of Buildings.
that your Honorable Body approve the subject Change PASSED
order and authorize the Commissioner of Public Works, AYES – BONIFACIO, CONRAD, COPPOLA,
s to issue said change order to P & J Construction Co., FONTANA, FRANCZYK, RUSSELL, THOMPSON – 7
Inc. NOES – GOLOMBEK -1
Mr. Coppola moved:
That the above communication from the Commissioner NO. 28
of Public Works, Parks and Streets dated June 23, CHANGE IN CONTRACT
2005, be received and filed; and NORTH JEFFERSON LIBRARY
That the Commissioner of Public Works, Parks and CONSTRUCTION
Streets be, and he hereby is authorized to issue a JOB #0324
change order, to P & J Construction Co., Inc., an MASTEN DISTRICT
increase in the amount of $46,585.00, as more fully I hereby submit to Your Honorable Body the following
described in the above communication, for work relating changes for the North Jefferson Library, Construction,
to City-Wide Sidewalk Replacement- 2004, Group General Construction, Patrick Development of WNY,
#624, Contract #92010888. Funds for this project are Inc., C #92010833.
available in CDBG Account #30-01201 and authorized 1. Provide colored rectangular glazing and no
the Commissioner of Public Works, Parks and Streets triangulated framing in the (3) skylights.
to transfer the CDBG funds into Capital Project account Add $ 13,344.00
#30032106. The foregoing change results in a net increase in the
PASSED contract of Thirteen Thousand Three Hundred Forty
AYES - 8 NOES - 0 Four and 00/100 Dollars ($13,344.00).
Current Contract Amount $3,042,608.33
NO. 27 Amount of This Change Order (#5) $ 13,344.00
Revised Contract Amount $3,055,952.33 186 ALLEN;
Costs have been reviewed by the Consulting Architect ENCROACHMENT
(Robert Traynham Coles, Architect, PC) and the INTO CITY RIGHT OF WAY
Department of Public Works, Parks & Streets and were (ELLICOTT DISTRICT)
found to be fair and equitable. Funds for this work are Mr. George Scouras, owner of the Towne Restaurant,
available in 37320306 445100 - Division of Buildings. located at 186 Allen Street, has requested permission
I request that Your Honorable Body authorize the to install a grease trap within City right of way at said
Commissioner of Public Works, Parks & Streets to address. The grease trap would be located beneath the
issue a change order to the contractor as set forth sidewalk on the Elmwood Avenue side of the property.
above. It is a 1,000 gallon tank which measures approximately
Mr. Coppola moved: 10' x 5'. The grease trap will be connected by sewer
That the above communication from the Commissioner lateral to the main sewer.
of Public Works, Parks and Streets dated June 13, The Department of Public Works, Parks and Streets
2005, be received and filed; and has reviewed this request pursuant to Chapter 413 - 67
That the Commissioner of Public Works, Parks and (Encroachment Regulations) of the City Charter and
Streets be, and he hereby is authorized to issue change has no objection to Your Honorable Body authorizing
order No. 5, to Patrick Development of WNY, Inc., an the Commissioner to issue a "Mere License" for said
increase in the amount of $13,344.00, as more fully encroachment provided the following conditions are
described in the above communication, for work relating met:
to North Jefferson Library Construction, Job #0324, C 1. That all required permits be obtained including those
#92010833. Funds for this project are available in required by the Buffalo Sewer Authority.
37320306 445100 - Division of Buildings. 2. That the sidewalk over the grease trap be replaced
PASSED according to city specifications, that there are no
AYES – 8 NOES - 0 tripping hazards
and any covers be of a non-slip surface.
NO. 29 3. That the applicant be responsible for any and all
DIVISION OF WATER maintenance associated with the grease trap.
" PHASE 1 SECURITY UPGRADES, CONTRACT NO. 4. That the applicant supply the Department of Public
18 Works, Parks and Streets with a construction in street
ELLICOTT DISTRICT bond in an
Plans and specifications were prepared and sealed amount deemed sufficient by the Corporation
proposals accepted for the Phase 1 Security Upgrades Counsel, which will indemnify and save harmless the
at the Colonel Ward Pumping Station, Massachusetts City of Buffalo
Pumping Station, Manhattan Tank and Filtration Plant. against any and all loss or damage arising out of the
I submit the attached report of bids received which were construction, maintenance, use or removal of said
opened in my office at 11:00 a.m. on June 9, 2005. grease trap.
Titan Development $363,720.00 REFERRED TO THE COMMITTEE ON LEGISLATION
8534 Seaman Road
Gasport, New York FROM THE COMMISSIONER OF POLICE
Fox Fencing $704,487.31 NO. 31
2637 Lockport Road INCREASE IN CONTRACT, CDBG FUND TRANSFER
Niagara Falls, New York REPLACEMENT OF SITE SPECIFIC SIDEWALK
I certify that the foregoing is a true and correct - 2005
statement of all bids received and that Titan P & J CONSTRUCTION CO., LNE.GROUP #635
Development is the lowest responsible bidder CONTRACT #92010975- DELAWARE DISTRIET
complying with the specifications. I hereby submit to our Honorable Body the following
I respectfully request that your Honorable Body unit price additions to the contract for the above named
authorize the Commissioner of Public Works, Parks and Project. This change order was necessary to replace
Streets to enter into a contract with Titan Development deteriorated sidewalk in the Delaware District as
for the cost thereof to be charged to the Division of requested by Councilmember Coppola. Work to be
Water Homeland Security Funds in the amount of done is reimbursed with Block Grant funds as approved
$363,720.00 plus 10% for approved unit prices for a by BURA Item 31 of May 12, 2005 (copy attached).
total encumberance of $400,092.00. Quantities necessary for the completion of this work is
Mr. Coppola moved: as follows:
That the above communication from the Commissioner Information available for review in The City Clerk’s
of Public Works, Parks and Streets dated June 23, Office
2005, be received and filed; and Contract Contract Summary
That the Commissioner of Public Works, Parks and $411,592.50
Streets, be, and he hereby is authorized to award a Original Contract Amount Change Order #1
contract for Phase 1 Security Upgrades at the Colonel $96,113.00
Ward Pumping Station, Massachusetts Pumping
Station, Manhattan Tank and Filtration Plant to Titan Revised Contract Amount
Development, the lowest responsible bidder, in the $507,705.50
amount of $363,720.00 plus 10% for approved unit Funds for this change are available in CDBG Account
prices for a total encumbrance of $400,092.00. Funds #30-01201 and permission is requested to transfer the
for the project are available in the Division of Water CDBG funds into our Capital Project Account
Homeland Security Funds. #30032106.
PASSED I respectfully certify that this change order is fair and
AYES - 8 NOES - 0 equitable for the work involved, and respectfully request
NO. 30 that your Honorable Body approve the subject Change
order and authorize the Commissioner of Public Works construction, maintenance, use or removal of said
to issue said change order to P & J Construction Co., encroachment.
Inc. Mr. Coppola moved:
Mr. Coppola moved: That the above communication from the Department of
That the above communication from the Commissioner Public Works, Parks & Streets dated June 23, 2005 be
of Public Works, Parks and Streets dated June 23, received and filed; and
2005, be received and filed; and That the Commissioner of Department of Permit &
That the Commissioner of Public Works, Parks and Inspections Services be, and he hereby is authorized to
Streets be, and he hereby is authorized to issue change issue a "mere license" to the Peace Bridge Authority, to
order No. 1, to P & J Construction Co., Inc., an increase construct a visual, decorative barrier wall and site
in the amount of $96,113.00, as more fully described in landscaping on a portion of the Busti Avenue right-of-
the above communication, for work relating to replacing way, west side, north of Porter Avenue, which would
a deteriorated sidewalk in the Delaware District, Group encroach city right-of-way at said address, subject to
#635, Contract #92010975. Funds for this project are the conditions as listed above.
available in CDBG Account #30-01201 and authorized PASSED
the Commissioner of Public Works, Parks and Streets AYES - 8 NOES - 0
to transfer the CDBG funds into Capital Project account
#30032106. NO. 33
PASSED PROPOSALS FOR SOLID WASTE DISPOSAL
AYES - 8 NOES - 0 SERVICES
This item was held in abeyance until 11:30 Thursday
NO. 32 June 29, 2005 for A reconvened session.
PEACE BRIDGE AUTHORITY
REQUEST ENCROACHMENT NO. 34
BUSTI AVENUE R.O.W. REQUEST PERMISSION TO PURCHASE VEHICLES
NIAGARA DISTRICT [: EAST SIDE TRANSFER STATION
CCP #29 OF 5/31/05 This item was held in abeyance until 11:30 Thursday
In conjunction with the 2005 Capital Project for June 29, 2005 for A reconvened session.
Interim Peace Bridge Area Improvements the Peace
Bridge Authority (PBA) has requested permission to NO.35
construct a visual, decorative barrier wall and site PERMISSION TO HIRE CONSULTANT/
landscaping on a portion of the Busti Ave. right of way, ENTER INTO AGREEMENTS W/NFTA
west side, north of Porter Ave. This work was included RETURN CARS TO MAIN ST.
in the SEQR review and negative declaration previously ELLICOTT DISTRICT
filed with Your Honorable Body (CCP #29 of 5/31/05 ). The Federal Transit Authority (FTA) has officially
As per the attached drawing, the wall consists of awarded a grant for preliminary engineering related to
two sections and will be tied into the new Duty Free the Return of Cars to Main St. The grant I.D. number is
Store now under construction. Total length of the NY-03-0428 and consists of $631,068 in FTA funds and
architectural wall is approximately 350' between when matched by the City and NYSDOT totals
Vermont and Rhode Island Streets on the west side of $788,835.
Busti Ave. This work is part of the PBA's 2.5 million In order to move this project forward we are requesting
dollar commitment towards the Interim Peace Bridge permission to take proposals and hire an engineering
Area Improvement Project. consultant for the engineering design of this project. It is
Be advised that our department has reviewed this also necessary for Your Honorable Body to authorize
request pursuant to Chapter 413-67 (Encroachment the Mayor and or our department to enter into all
Regulations) of the City Charter and has no objection to necessary agreements with FTA and NFTA to
Your Honorable Body authorizing the Commissioner to administer the design grant and all other necessary
issue a "Mere License" for said encroachment provided tasks to complete design and construction of this
the following conditions are met: project. Matching funds for the City share are available
1. That the applicant obtain any and all City of Buffalo in our Local Match Accounts, #30335406 and
permits necessary. #30227906 and the Planning Reserve Account for
2. That the encroachment be constructed exactly as capital projects.
shown on plans submitted to and approved by our Mr. Coppola moved:
Department. That the above communication from the Commissioner
3. That the applicant be responsible for maintenance of of Public Works, Parks and Streets dated June 27,
the wall encroachment and landscaping as long as 2005 be received and filed; and
it remains within City right of way. That the Commissioner of Public Works, Parks and
4. That, in the event that the Commissioner of Public Streets be, and he hereby is authorized to hire an
Works, Parks and Streets determines the engineering consultant to design the return of cars to
encroachment must cease as a result of factors Main Street. Authorized the Mayor to enter into all
effecting health, safety and welfare of the public, or in necessary agreements with the Federal Transit
the needs of the City, said Commissioner may order the Authority and Niagara Frontier Transit Authority to
immediate removal of the encroachment as described administer the design grant and all necessary tasks to
in Chapter 4i3-97(F) of the City Charter. complete design and construction of this project.
5. That the applicant supply the Department of Public Matching funds for the City share are available in our
Works, Parks and Streets with a certificate of insurance Local Match Accounts, #30335406 and #30227906 and
and/or construction in street bond, in an amount the Planning Reserve Account for capital projects,
deemed sufficient by the Corporation Counsel, which when matched by the City and NYSDOT totals
will indemnify and save harmless the City of Buffalo $788,835.
against any and all loss or damage arising out of PASSED
AYES - 8 NOES - 0 Pursuant to the request from Councilmember Brian
Davis on June 15, 2005, the Buffalo Police Department
FROM THE COMMISSIONER OF POLICE submits the following information regarding unmarked
NO. 36 fleet vehicles and the Department's current policy for
["ORD. AMEND-CHAPTER 222 SALE OF GLUE"] the use of "take-home" vehicles:
[ITEM #128, C.C.P. JUNE 14, 2005:] The Department is taking positive steps toward
The Department has no comments and/or managing its fleet of vehicles and its utilization of "take-
recommendations regarding the aforementioned home" vehicles. Attached you will find a Departmental
proposed ordinance amendment. General Order dated April 19, 2005 that clearly exhibits
RECEIVED AND FILED a responsible approach toward dealing with "take-
home" vehicles and the related contractual and
NO. 37 maintenance of benefits issues. The Department takes
( "PARK & WALK") much care and consideration in its decisions to assign
As per the Council's request on May 5, 2005 attached "take-home" vehicles, and does so based on the duties
please find May, 2005 Buffalo Police Department Park of the officer to whom it is assigned and the efficiency
and Walk report by District. that can be derived from the decision.
REFERRED TO THE COMMITTEE ON BUDGET If your Honorable Body has any questions or concerns
regarding this subject, kindly contact Chief Richard
NO. 38 Ortiz at 851-5181.
INFO BUFFALO SPECIAL POLICE REFERRED TO THE COMMITTEE ON FINANCE
Dear Honorable Body,
In November 2004 the Buffalo Common Council NO. 40
enacted a Local Law amending Article 13 of the Charter CERTIFICATE OF APPOINTMENT
of the City of Buffalo in relation to the Buffalo Special Appointment Effective: June 13, 2005 in the
Police. The Buffalo Police Department did not endorse Department of: Police Division of: Administration and
the inclusion of the Buffalo Special Police in the City Communications
Charter. to the Position of: Property Manager, Permanent
Since the passing of the Local Law, the Department Appointment at the Intermediate Starting Salary of: $
has been in contact with representatives of the Buffalo 35.498
Special Police on several occasions to advise the Henry Stahl III, 38 Barnard St, Buffalo, NY 14206
organization that in addition to other issues, that they REFERRED TO THE COMMITTEE ON CIVIL
are not in compliance with provisions of the Charter SERVICE
amendment. The most note worthy provision being the
securing of an insurance policy as stated in section 13-FROM THE CORPORATION COUNSEL
20, 1.g. "Provide proof of an insurance policy in the NO. 41
amount of $1,500,000 with a maximum per claim BRACO I-REFUND OF EXCESS
amount of $100,000, holding the city of Buffalo, and any REAL PROPERTY TAXES 2002-2003
agent of the city of Buffalo, harmless of any liability 2003-2004
incurred to any individual, corporation or any other On November 30, 1977, a contract was executed by the
entity, due to the actions or in actions taken by the City of Buffalo and BRACO-I, limiting BRACO- real
Buffalo Special Police or any Buffalo Special Police property tax liability as to certain properties, pursuant to
Officers while performing their duties as outlined by this and in accordance with Section 236 of the National
chapter." As a follow-up, on May 5, 2005 the Buffalo Housing Act of 1968 and Article V of the Private
Special Police were contacted in writing to address the Housing Finance Law.
lack of required insurance as required by the City This contract places a real property tax ceiling of
Charter. $45,599 as to City and County taxes exempts
The Department's major concerns involve liability combined, and exempt the real property from any
issues. The Buffalo Special Police continue to operate further similar tax for the period of forty years,
in violation of the Charter amendment, which was beginning December 30, 1976.
enacted in large part because of the organization's Consequently, if in any one fiscal year the combined
active efforts to be included in the Charter. City and County real property tax exceeds $45,599, the
Unfortunately, over the last several months there have taxpayer is entitled to a refund of the excess. This
been several complaints regarding the activities and refund is apportioned between the City and County,
conduct of the Buffalo Special Police. Without the according to the tax rates prevailing at the time.
proper insurance and compliance we believe that the The parcels subject to the contract are 210 Allen, 359-
City is open to unwarranted lawsuits. Furthermore, the 375 Bust, 279 Niagara, 231 West, 87 Whitney, 346-350
Buffalo Police Department has not, nor will not enter Franklin, 352-354 Franklin, 922-928 Main and 74-78
into a formal relationship with the organization until Grant. The present application covers 2002-03 and
such time the organization conforms with City Charter 2003-04 tax years and is as follows:
requirements. 2002-2003 City Tax $ 55,472.08
REFERRED TO THE COMMITTEE ON 2003-County Tax 6,039.78
LEGISLATIONAND THE CORPORATION COUNSEL Total tax paid 61,511.86
Less combined ceiling 45,599.00
NO. 39 Overpayment 15,912.86
REQUEST FOR COMMENTS/RECOMMENDATIONS City's share .902 x 15,912.86=14,353.40
RE"PERMISSION TO PURCHASE UNMARKED 2003-0004 City Tax 46,749.04
VEHICLES 2004 County Tax 5,876.98
(ITEM #71, C.C.P. 06/14/05) - CURRENT Total Tax Paid 52,626.02
POLICY Less Combined Ceiling 45,599.00
Overpayment 7,027.02
City's Share .888 x 7, 027.02 = $ 6,239.99 action you deem appropriate.
Total 2002-03 and 2003-04 $20,593.39 Mr. Coppola moved:
I therefore request that the Comptroller be authorized to That the above communication from the Commissioner
refund to BRACO-1 a total of $20,593.39 for excess of Permit and Inspections Services dated June 22,
property taxes paid on 210 Allen, 359-375 Busti, 279 2005, be received and filed; and
Niagara, 231 West, 87 Whitney, 346-350 Franklin, 352-That pursuant to Chapter 254 of the City Code, the
354 Franklin, 922-928 Main and 74-78 Grant for the Commissioner of Permit and Inspections Services be,
2002-03 and 2003-04 fiscal city tax years. and he hereby is authorized to grant a Used Car Dealer
Mr. Coppola moved: license to Ann Mattioli d/b/a Clinton Auto Repair,
That the above communication from the Corporation located at 1712 Clinton.
Counsel dated June 23, 2005 be received and filed; PASSED
and AYES – 8 NOES - 0
That the Comptroller be authorized to refund to
BRACO-1 a total of $20,593.39 for excess property NO. 44
taxes paid on 210 Allen, 359-375 Busti, 279 Niagara, USED CAR DEALER
231 West, 87 Whitney, 346-350 Franklin, 352-354 867-883 JEFFERSON (ELLICOT0
Franklin, 922-928 Main and 74-78 Grant for the 2002-Pursuant to Chapter 254 of the City of Buffalo
03 and 2003-04 fiscal city tax years. Ordinances, please be advised that I have examined
PASSED the attached application for a Used Car Dealer License
AYES - 8 NOES - 0 located at 867-883 Jefferson and find that as to form is
correct. I have caused an investigation into the
FROM THE COMMISSIONER OF PERMIT & premises for which said application for a used car
INSPECTION SERVICES dealer license is being sought and according to the
NO. 42 attached reports from the Zoning Office, Fire
SECOND HAND DEALER Department and Building Inspections, I find it complies
501 AMHERST ST. (UNIVERSITY) with all regulations and other applicable laws. I have
Pursuant to Chapter 254 of the City of Buffalo caused an investigation by the Police Department into
Ordinances, please be advised that I have examined the moral character of Mark Jackson. The attached
the attached application for a Second Hand Dealer thereto for Mark Jackson d/b/a J & R's Auto Sales. This
License located at 501 Amherst St. and find that as to request is submitted for your approval or whatever
form is correct. I have caused an investigation into the action you deem appropriate.
premises for which said application for a second hand REFERRED TO THE COMMITTEE ON LEGISLATION
dealer license is being sought and according to the
attached reports from the Zoning Office, Fire NO. 45
Department and Building Inspections, I find it complies CERTIFICATE OF APPOINTMENT
Appointment Effective: June 20, 2005 in the
with all regulations and other applicable laws. I have
caused an investigation by the Police Department into
DepartmentPermit and Inspection Services
the moral character of Ronald Talboys. The attached
of Division of Inspections to the Position of Clerk,
thereto for Ronald Talboys d/b/a Habitat Restore. This
Provisional at the third step of $26,499
request is submitted for your approval or whatever
John Caputo, 317 Fargo Ave, Buffalo, New York 14213
action you deem appropriate.
REFERRED TO THE COMMITTEE ON CIVIL
Mr. Coppola moved:
SERVICE
That the above communication from the Commissioner
of Permit and Inspections Services dated June 22,
2005 be received and filed; and
NO. 46
That pursuant to Chapter 254 of the City Code, the
CERTIFICATE OF APPOINTMENT
Commissioner of Permit & Inspections Services be, and
Appointment Effective June 10, 2005 in The
he hereby is authorized to grant a Second Hand Dealer
Department of Permit and Inspection Services
license to Ronald Talboys d/b/a Habitat Restore located
Inspections, Division of Inspections to the Position of
at 501 Amherst Street.
Supervisor of Slum and Blight, PERMANENT
PASSED
APPOINTMENT AT THE THIRD STEP OF $46,849
AYES – 8 NOES - 0
Douglas E Randall, 217 Willett St, Buffalo, New York
14206
NO. 43
REFERRED TO THE COMMITTEE ON CIVIL
USED CAR DEALER
SERVICE
1712 CLINTON (LOVEJOY)
Pursuant to Chapter 254 of the City of Buffalo
FROM THE COMMISSIONER OF ADMINISTRATION
Ordinances, please be advised that I have examined
AND FINANCE
the attached application for a Used Car Dealer License
NO. 47
located at 1712 Clinton and find that as to form is
SALE OF JUNK AND ABANDONED VEHICLES: BID
correct. I have caused an investigation into the
#0223
premises for which said application for a used car
Your Honorable Body:
dealer license is being sought and according to the
The Department of Administration and Finance,
attached reports from the Zoning Office, Fire
Division of Parking Enforcement has for sale on a
Department and Building Inspections, I find it complies
continuing basis junk and abandoned vehicles as
with all regulations and other applicable laws. I have
defined by the New York State Vehicle Law, Section
caused an investigation by the Police Department into
1224-2.
the moral character of Ann Mattioli. The attached
Bids were solicited to 18 companies and I recommend
thereto for Ann Mattioli d/b/a Clinton Auto Repair. This
that your Honorable Body approve to the responsible
request is submitted for your approval or whatever
high bidder M&M U Pull-It, who will pay the City of REFERRED TO THE COMMITTEE ON BUDGET
Buffalo $96.00 per car or heavy duty equipment
delivered to the scrap yard and $76.00 per car or heavy FROM THE BOARD OF EDUCATION
duty equipment picked up at the Auto Pound. NO. 49
Listed below is the tabuIation of bids opened on June 1, "REVIEW OF OPERATIONAL REDUNDANCY" AND
2005. DUPLICITY"
1. Passenger vehicles delivered M&MITEM NO. RES # 150, C.C.P. JUNE 14, 2005
SOUTH BUFFALO Item no: Res. #150 C.C.P. 6/14/05, "Review of
$96.00Operational Redundancy and Duplicity"
$90.00 The information is attached.
Passenger vehicles picked up 76.00REFERRED TO THE COMMITTEE ON BUDGET
75.00
2. Heavy Equipment delivered 96.00FROM THE BUFFALO SEWER AUTHORITY
95.00 NO. 50
Heavy equipment picked up 76.00 76.00REDUNDANCY
75.00 REVIEW OF OPERATIONAL
Based on past contracts, approximately 75% of the AND DUPLICITY
vehicles wilI be picked up at the Auto Pound at $76.00 #150,CCP JUNE 14, 2005
each. The Council has requested a response to the above
REFERRED TO THE COMMITTEE ON FINANCE referenced resolution.
The Buffalo Sewer Authority (BSA) furnishes the City
FROM THE COMMISSIONER OF HUMAN Clerk and each Council Member with a copy of the
RESOURCES yearly Budget when it is Adopted by the Authority's
NO. 48 Board. Included within this Budget are the items
TAKE HOME VEHICLES requested in the above referenced Resolution.
Dear Councilman Coppola: I have attached the relevant pages for your
Pursuant to your request dated June 15, 2005, relative convenience. These should satisfy your questions and
to the above, the following information is provided for concerns.
your review. Yes, it is true that throughout the years, REFERRED TO THE COMMITTEE ON BUDGET
Department Heads have allowed employees to utilize
city vehicles to travel to and from home. FROM THE BUFFALO ECONOMIC RENAISSANCE
The question posed is, can the City and or a CORPORATION
Commissioner unilaterally change that practice? NO. 51
The answer is no, without negotiation. All Collective (NYS EMPIRE ZONE)
Bargaining Agreements have a Maintenance of Benefits REVISION TO EMPIRE ZONE #74
clause. That clause essentially states, any condition or On February 4, 1994, this Honorable Body approved a
revision beneficial to employees now in effect which are Local Law creating an Economic Development Zone
not specifically provided for in the agreement or which (hereinafter referred to as (Zone). On January 9, 2002,
have not been replaced shall remain in effect for the the City of Buffalo was awarded a second Economic
duration of the agreement, unless mutually agreed Development Zone, now known as the Empire Zone, by
otherwise by the City and Union. the State of New York.
Therefore, when a Department Head or Commissioner Subpart 4 of aforesaid Local Law defined the
allow employees the privilege to utilize a city vehicle to boundaries of the areas of Zone #74. Subsequent to
take home, that is a benefit. If the practice has been in the designation of the Empire Zone, certain areas
existence for some time, the Union can on behalf of the adjacent to the Zone have been proposed for major
employee file a grievance or an improper practice economic development activities.
charge with PERB (Public Employer Relations Board), Due to recent developments and a change in
that the City failed to negotiate said change. In the circumstances, the Buffalo Economic Renaissance
alternative, a grievance, under Past Practice will also Corporation believes that it is in the best interest of the
move forward. City of Buffalo to approve a revision to the boundaries
What is a Past Practice? PERB has ruled that a Past of Empire Zone #74.
Practice must be unequivocal, has continued on an It is therefore respectfully requested that the attached
uninterrupted basis for a period of time sufficient to resolution be approved.
create a reasonable expectation among bargaining unit RECEIVED AND FILED
members that the practice could continue unchanged,
and must involve mandatory negotiation to effectuate FROM THE CITY CLERK
said change.NO. 52
Can the City establish a take home vehicle policy? Yes. LIQUOR LICENSE APPLICATIONS
The Buffalo Police Department has a long-standing Attached hereto are communications from persons
policy of assigning vehicles to employees holding applying for liquor licenses from the Erie County
various positions. The city policy implemented on April Alcohol Beverage Control Board.
8, 2005 mirrors the police department's policy and Address Business Name
specifically outlines the parameter for the privilege. Owner's Name
More importantly, the employee must sign the policy 20 Allen St. Girls on Allen Snc (Adonias) A
form, which eliminates the potential of grievances and Gambino; Y. White
improper practice charges being filed. 577 Ontario St. 577 Ontario St. Inc. T
Hopefully, this report will answer your questions .Hughes Pub.
concerning take home vehicles for City employees. 150 Military Rd. J. J. Jacobi J.J.
I am available to respond to any questions from your Jacobi, As Agent
honorable body. 3205 Bailey Ave. A. Morris A.
Morris SERVICE.
RECEIVED AND FILED
CERTIFICATE OF APPOINTMENT
NO. 53 Appointment Effective: 6/13/2005 in the Department of
LEAVES OF ABSENCE WITHOUT PAY MIS to the Position of Computer Operator,
I transmit herewith notifications received by me, Permanent Appointment at the first step starting Salary
reporting the granting of the leaves of absence without of $32,731
pay, in the various departments as listed: Corrina Lucas, 69 Briggs Ave., Buffalo, NY 14207
Mayor/Mayor Executive- p. Grzebielucha
Police- J. Milroy, V. Demps CERTIFICATE OF APPOINTMENT
Appointment Effective: June 13, 2005 in the
Administration and Finance H. Stahl
RECEIVED AND FILED
Department of Law to the Position of
Assistant
Corporation Counsel II
NO. 54
Temporary, non Competitive at the minimum
REPORTS OF ATTENDANCE
starting salary of $55,756.00
I transmit herewith communications received by me,
Alan P. Gerstman, 54 Norwood Ave, Buffalo,
from the various boards, commissions, agencies and
authorities reporting the membership attendance at
NY 14222
their respective meetings:
Buffalo Sewer Authority - 6/16/05
CERTIFICATE OF APPOINTMENT
City Planning Board - 6/7/05 & 6/21/05 Civil Service
Appointment Effective: 4/20/05 in the
Commission
Department of Public Works Division of
RECEIVED AND FILED.
Engineering
to the Position ofLaborer II, Temporary, Non
NO. 55
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
Competitive at the minimum starting salary of
I transmit herewith appointments to the position of
$24,420
Council Intern.
Jeremiah Adamczyk, 98 Putnam, Buffalo, NY14213
Mr. Coppola moved the approval of the appointments to
the position of Council Intern.
CERTIFICATE OF APPOINTMENT
ADOPTED.
Appointment Effective: 6/23/05 in the Department of
Public Works Division of Streets
CERTIFICATE OF APPOINTMENT
to the Position of Street Worker, Permanent,
Appointment Effective June 13, 2005: in the
Non Competitive at the minimum starting salary
Department Common Council to the Position of Intern
VI, Seasonal, Non Competitive at the flat starting salary
of $26,779
of $10.00/hr
Bart Stachoski, 400 Wilier Ave., Buffalo NY 14206
lan Conrad, 128 Harding Rd., Buffalo, New York 14220
CERTIFICATE OF APPOINTMENT
Certificate of Appointment
Appointment Effective: June 20, 2005 in the
Appointment Effective June 20, 2005 in the
Department of Public Works, Parks & Streets, Division
Department of Common Council to the Position of
of Buldings
Intern IV Non Competitive at the Starting Salary of
to the Position of Telephone Operator, Permanent
$6.00/hr
Appointment at the Minimum Starting Salary
Victoria Rucinski, 115 Dempster, Buffalo, New York
of: $ 26,861
14206
Denice A. Sole, 12 Rosemary Avenue, Buffalo 14216
RECEIVED AND FILED.
NON-OFFICIAL COMMUNICATIONS, PETITIONS
NO. 56
AND REMONSTRANCES
NOTICES OF APPOINTMENTS SEASONAL FLAT
NON-OFFICIAL COMMUNICATIONS
I transmit herewith certificates received by me,
NO. 58
reporting seasonal and flat salary appointments made
REQ INTERVENTION BMHA & HSG
in various departments
I'm requesting intervention concerning housing &
RECEIVED AND FILED
B.M.H.A.
For years the city have been ignoring the facts that
CERTIFICATE OF APPOINTMENT
B.M.H.A, have been having vacancies, but not
Appointment Effective: 6/13/05 in the Department of
preparing units for occupancy, emergency or not, in
Public Works Division of Streets to the Position of Clerk
every development throughout the city of Buffalo.
Seasonal at the flat starting salary of $8.15/hr
Stone-walling other housing assistance agencies that's
Traci Bagarozzo, 141 Crestwood Ave, Buffalo, NY
trying to prevent families from becoming homeless, or
14216
having to go into shelters. For what so ever reasons,
emergency housing situations occur, priorities need to
NO. 57
be put in place, not ignored, for the employed or not
APPOINTMENTS - TEMPORARY, PROVISIONAL OR
employed.. B.M.H.A, should be made to help meet
PERMANENT
emergency requirement situations. Residents have
I transmit herewith Appointments in the various
been passed around from agency to agency, resulting
departments made at the Minimum (Temporary,
into homelessness or forced into a shelter; when it
Provisional or Permanent) (as per contract
could be prevented..
requirements).
I had to re-apply at list 3 times for B.M.H.A. since the
REFERRED TO THE COMMITTEE ON CIVIL
year 2000. I've been employed with the N.F.T.A since Dear Mr. Chwalinski,
1999 to present. I have disabilities, which causes me at Please file the attached documents for the upcoming
times not to be able to work. I've been disabled since Common Council Session to be held on June 28, 2005•
1982. ,because of my illness, I need to reside near a Thank you in advance for your assistance in this
family member, B.M.H.A. ask on there application to matter•
choose a preference, but don't allow you to have one, Sincerely,
which lead me to keep having to re-apply. Dear Chairman Davis:
Due to the property tax increase, utility increases, As per your request, I am forwarding to you the Annual
illness, tragedies, disabilities & automobile accident in-Financial Statements and annual Single Audit Reports
which I suffered a head injury, I have not been able to for the years ending June 30, 2003 and 2004.
York. Which lead to me losing my home. I can't afford You have requested a copy of our approved budget.
utilities, they also are due to be shut off. I made BURA uses the Annual Action Plan, submitted to HUD,
th,
as our budget. You have already received this
arrangement to move on June 15I gave a security
document, reviewed and accepted it.
deposit, the manager rented out the apartment I gave a
I have enclosed a copy of the most recent Quarterly
deposit for & I have to take her to court to get my
Report to the Buffalo Fiscal Stability Authority (BFSA)
deposit back;.meanwbile, being ill, The Buffalo urban
which details actual costs by the same line items
league, H.O.M.E.S,, Office of Disabilities ,& The Center
detailed in the Annual Action Plan. As per your request,
for Resolution and Justice have contacted, B.M.H.A.
I am also forwarding the four plan submitted to, and
concerning my situation. B.M.H.A still refuses to assist.
accepted by, the BFSA today at its monthly meeting.
I request intervention.
If you have any questions, please feel free to call me at
THANK YOU,
(716) 851-5035.
REFERRED TO THE COMMITTEE ON COMMUNITY
Sincerely,
DEVELOPMENT AND THE CORPORATION
REFERRED TO THE COMMITTEE ON FINANCE
COUNSEL
NO. 61
NO. 59
INFO CAFTA & EL SALVADOR
REASSIGNMENT OF WNY ASHPO FIELD REP TO
I recently returned from a fact-finding trip to E1
PEEBLES ISLAND
Salvador as part of a 15-person delegation that also
Dear Ms. Baldwin:
included Jose Santiago Vaquerano, an aide from
Thank you for your letter regarding the reassignment of
Congressman Capuano's office. The focus of the
our State Historic Preservation Office's
delegation was to discuss the impact of"free trade", the
(SHPO) Western New York field representative to the
potential impact of CAFTA and the state of human
SHPO's main office at Peebles Island
rights abuses in E1 Salvador. We met with a variety of
State Park in Waterford.
individuals and organizational representatives, including
Please be aware that this decision was not made
government officials of the ARENA and FMLN parties,
lightly. We carefully examined how we can best meet
community activists, and war veterans. We also spent 4
our programmatic needs, balance an ever increasing
days in our sister city community of San Jose Las
workload fairly among our staff, and adequately serve
Flores with which we have had an 18 year relationship
the needs of communities across New York. After much
since the one year anniversary of its repopulation.
consideration, we decided that reassigning two of our
Our delegation had the privilege to meet with the
four field representatives to the SHPO's main office was
Attorney General for Human Rights Beatrice Alamanni
the best solution to the challenging problem of
de Carrillo. The attorney general's position was created
addressing growing requests for preservation
to monitor human rights in the aftermath of the war.
assistance in the midst of staff reductions.
Because of the 1992 Peace Accord, the Attorney
These staff reassignments are part of an effort to
General's job extended to human rights violations and
provide more effective and balanced service in all of our
is the guarantor for safety for the most marginalized
program areas. The staff reassignment is intended to
communities.
provide better and more efficient technical service in the
The Attorney General explained that her on-going work
area of historic preservation environmental reviews,
is the thorough investigation and recording of current
which now number well over 6,000 projects per year.
human rights violations, and this work has uncovered
The Western New York region will now be served by a
and documented an alarming number and variety of
team of professionals, including two technical staff
violations political, social and economic abuses, which
handling environmental reviews, an archeologist, and
threaten the fabric of Salvadoran society and
our National Register and survey staff person. Our field
exacerbates already untenable conditions of poverty for
representative for Central New York, Christine Capella-
the majority of Salvadorans.
Peters, will oversee historic preservation grant reviews
In our meeting, we also learned that her pursuit of
and provide Certified Local Government program
human rights violations has resulted in threats to her
assistance in Western New York, Chris is an ,.Amend
personal safety. The Attorney General's dedication and
capable and experienced employee and has covered
determination to the protection of Human Rights was
the territory in the past. We fully expect that this team of
powerfully expressed in her presentation. She also
staff will work well and efficiently and that the level of
made it clear that her life in constant danger and she
SHPO assistance in the western region will not
welcomes international support.
diminish. Our aim is to have one or more of the team
In the 1980's, the E1 Salvador sister city network was
members travel to Western New York approximately
able to provide a visible rapid response for the many
every two weeks to maintain a high level of service.
Salvadorans who were kidnapped, threatened, and
RECEIVED AND FILED
tortured during the war. This system created a public
consciousness that helped secure the safety of many.
NO. 60
When a person was taken by the military, the city of
BURA RESPONSE TO REQUEST FOR
Cambridge was notified, activating a series of
INFORMATION
telegrams and phone calls from community, city, Director of Purchasing, Kathleen Fitzpatrick dated
congressional and senator sources. 6/17/05. Following that is a series of four documents
It is my hope that we can provide this for the Attorney that were mailed as attachments to the said e-mail.
General. There is a saying by Martin Luther King Jr. First is a letter to Kathy that summarizes our protest
that simply states, "Injustice anywhere is a threat to and walks one through the next three reports. Those
justice everywhere". Cambridge recently passed reports are where the meat of our argument lies. We
resolutions showing our support of the Attorney General would be saving the city nearly $200,000 over a three
and our commitment to ensure her safety and our year period! And supply the city with the premier
opposition to (Please see the attached
CAFTA. product! The final document is a handwritten note to Mr.
resolution.). To strengthen the Attorney General's Franczyk upon learning the Board had made a decision
safety (and thereby the rest of the Salvadoran without all the facts. On the same date I delivered a
population), and also strengthening Central America's near identical note to Mr. Sanfilippo.
economy by opposing CAFTA, I am wondering if your Mayor Maciello was kind enough to meet with me the
City Council would also consider such resolutions. same day I delivered the two notes and I explained to
Please note that recent news reports have uncovered him the same thing that was contained in those notes. I
the ongoing threats to the Attorney General and followed up later on that same day, the afternoon of
members of her staff. Please join me in creating an 6/21/05, by forwarding the Fitzpatrick e-mail to all three
international affirmation of human rights work of the men in the hopes that they would be able to review and
Attorney General for Human Rights Beatrice Alamarmi ultimately deliver the savings to the city that has been
de Carrillo. outlined. I'm not optimistic that will happen and thus I'm
If you have any questions, please do not hesitate in appealing to you. I would welcome the opportunity to
contacting me at 617-349-4325. present all of this in person if you deem that necessary
RECEIVED AND FILED or worthy.
REFERRED TO THE COMMITTEE ON FINANCE, THE
COMMISSIONER OF POLICE AND THE
NO. 62
COMMISSIONER OF ADMINISTRATION AND
L. DUVALL & D. HERKEY – JAROSSCH
FINANCE
NO. 64
Item for Common Council Agenda
REQ BFSA REVIEW FISCAL MGNT/ALLOCATION
OF RESOURCES BY BMHA
The Buffalo Special Police
Several months ago the BMHA Board of
The East Buffalo GNPA has had contact with both the
Directors decided to eliminate the BMHA Police that
Buffalo Special Police and the Buffalo Police
have provided police services to city residents living in
Department (see attached from the BPD).
and around BMHA developments. Within the past week
Our GNPA has questions regarding the Local Law for
there have been at least two murders in the City of
the Buffalo Special Police and especially the issue of
Buffalo that are either related to, or committed within
insurance for them.
Buffalo Municipal Housing developments. The decision
In our drafted plan for East Buffalo we support the
to cut this important service is not the type of action that
presence uniformed police officers in our communities.
enhances stability. It will only lead to more crime in and
We would be welling to work with the Buffalo Special
around the developments thus chasing more hard
Police, but it seems, as per attached letter from
working people out of the City of Buffalo.
Detective Mark Fitzpatrick, the Special Police are not in
Astoundingly, it has been reported to my office that the
compliance with the Local Law.
BMI-IA, while making claims that it is unable to fund
We are requesting this topic to be addressed at a future
public safety, has been restoring laid off administrators.
Council or Committee meeting. We are also requesting
The BMHA Police answered 7000 calls last year and
the East Buffalo GNPA be made aware of this meeting
made numerous felony arrests. I do not believe that the
so we can attend and get the answer we need to pass
BMHA administrators answered any calls or made any
along to our communities.
arrests.
REFERRED TO THE COMMITTEE ON LEGISLATION
I would like to make a request that the BFSA take a
strong look at the fiscal management and allocation of
NO. 63
resources by the Buffalo Municipal Housing Authority. It
D.FOLEY
is my belief that the hard working, law abiding, tax
INFO- POLICE DEPT RFP
paying residents of the City of Buffalo deserve more
INFO TECH NETWORK SUPPORT
protection and consideration than politically connected
I feel compelled to present the following to you in
administrators.
the belief that the city seems to be ready to award a bid
REFERRED TO THE COMMITTEE ON COMMUNITY
that will cost the city significantly more than their
DEVELOPMENT AND THE BFSA
alternative. The bid is for the Police Department's RFP
for INFORMATION TECHNOLOGY NETWORK
NO. 65
SUPPORT, SERVER ADMINISTRATION, HARDWARE
DESIGNATION OF RESTRICTED HIGHWAY
MAINTENANCE SUPPORT AND SYSTEMS
Beginning at the eastern terminus of Goodell Street
UPGRADE. We have formally protested the award as
(N.Y. Route 5) at Oak Street and proceeding in a
initially made to PCI. It's my understanding that the
westerly direction through the intersections with Ellicott
Review Board has already met and voted in support of
Street and Washington Street Walden to the western
Chief Ortiz's choice. The Board did not however have
terminus of Main Street (N.Y. Route 5) in the City of
all the facts in front of them at the time of their decision.
Buffalo in Erie County which is being rehabilitated
The documents contained herein do have the facts. The
under Contract No. D255507, is hereby designated as a
first document is simply a copy of our original protest.
Restricted Highway. Designation of Restricted Highway
The second document is a copy of an e-mail sent to the
shall expire on August 30, 2005.
Pursuant to Section 1625 of the Vehicle and Traffic NO. 68
Law, all movement of vehicles, persons, or animals on FOIL REQUEST DATED MAY 20, 2005
such highway is hereby restricted and regulated in DROPOUT STRATISTICS
accordance with the determination of the Commissioner COPY AVAILABLE IN THE CITY CLERKS OFFICE
of Transportation as evidenced by posted signs, FOR REVIEW.
signals, or barriers placed along said highway and/or by REFERRED TO THE SPECIAL COMMITTEE ON
direction by an authorized representative of the EDUCATION
Commissioner of Transportation.
Any action taken by the Commissioner of NO. 69
Transportation pursuant to Section 1625 of the Vehicle BUFFALO NEWS ARTICLE
and Traffic Law shall supersede any other provisions of CITY AIDE FOR HOME REHAB MEANS WAITING
the Vehicle and Traffic Law where inconsistent or in YEARS
conflict with respect to the following enumerated I am writing to respectfully request your assistance in
subjects: filing the attached document for the next Common
1. Establishment of maximum and minimum speed Council meeting on June 28, 2005.
limits at which vehicles may proceed along any REFERRRED TO THE COMMITTEE ON COMMUNITY
such restricted highway DEVELOPMENT
2. 2. Weights and dimensions of vehicles.
3. Use of such restricted highway by pedestrians, NO 70
equestrians, and animals. BUFFALO SCHOO NURSING PROGRAM
4. Parking, standing, stopping, and backing Buffalo School Nursing Program
vehicles. As has been reported in the media recently, the Buffalo
5. Control of persons and equipment engaged in Public School District (District) has not had regular
work on such highway. school nursing services for most students since March,
Any provisions of the Vehicle and Traffic Law with when the Erie County Department of Health
respect to registration shall not apply to vehicles and discontinued the School Nursing Program.
equipment engaged in work on such restricted Kaleida Health's Women and Children's Hospital of
highways. Buffalo (Kaleida Health) is submitting an application to
When used on such restricted highways, all traffic operate the Buffalo School Health (school nursing)
control devices shall be considered as official traffic Program for the next two years (September 2005-June
control devices and shall conform to the manual and 2007). This letter is to request your Letter of Support of
specifications for a uniform system of traffic control the Kaleida Health application that is due to the District
devices adopted by the Department of Transportation. by the June 24, 2005 deadline.
is included with this
RECEIVED AND FILED A "Sample Letter of Support"
correspondence. The Kaleida plan is to offer school
health coverage for Buffalo schools full-time, during
NO.66 school hours. The plan will ensure that students who
D SULLIVAN CONCERNS present to school with a health need may be assessed
PROPERTY TAX RELIEF and followed immediately, thereby reducing student
In October of 2004, Industrial support Incorporated absenteeism.
purchase a 55,000 sq ft building at 36 Depot Street in Thank you for your anticipated endorsement of our
the City of 13uffalo. This was done to allow for our plans. Please return your Letter of Support to my
continued growth and expansion. Fortunately we have attention by Monday June 20, 2005 via fax at 883-9483,
expanded by 20-25 employees, since we relocated. or you may mail the letter to my office:
Prior to the purchase we met, at that meeting I asked Kaleida School Health Center
you the question "We want to remain in Buffalo and c/o Makowski Early Childhood Center 1095 Jefferson
expand our workforce in Buffalo, but we have had offers Avenue
of incentives from other municipalities to relocate. What Buffalo, New York 14208.
can Buffalo offer? You told me, "Property tax relief for (716) 883-9487 (telephone)
ten years". RECEIVED AND FILED
It is paramount for our continued expansion that we
realize this tax relief. Every dollar spent in taxes is a NO. 71
dollar that cannot be spent on hiring new employees. W HUNT C HARRIS
These tax burdens hurt our competitive position with COMPLAINT NEIGHBORHOOD LOAN PROGRAM
foreign and domestic manufacturers. I am writing to respectfully request your assistance in
If you could please contact me or have the appropriate ruing the attached document
personnel contact me to complete the tax relief effort next Common Council meeting on June 28, 2005.
we spoke of. I would greatly appreciate it. I thank you for your assistance in this matter. Should
REFERRED TO THE COMMITTEE ON COMMUNITY you have any questions, please feel free to contact me
DEVELOPMENT, CORPORATION COUNSEL, at (716) 851-5145.
DIRECTOR OF STRATEGIC PLANNING AND I am writing a complaint concerning ,the Neighborhood
COMMISSIONER OF ASSESSMENTS loan program, on behave of my 80 year old father
having work done at 93 Carl Street. This was an
NO. 67 emergency loan applied for Through the Flare program.
T THIELMAN INFO BLACK ROCK His furnace broke down in November, 1999.The work
COPY AVAILABLE IN THE CITY CLERKS OFFICE was started in Feb. 2000.,by time the loan was
FOR REVIEW approved.
REFERRED TO THE COMMITTEE ON COMMUNITY We had to submit three Contract bids. Mr. Robinson
DEVELOPMENT recommended the three bidders. They submitted their
bids to the city hall committee. A few days before we
heard about who was going to receive the bid, we to come out. Since then I have contacted Mr.: Frank
heard by phone from a Mr. Ken Fawcett. He informed Robinson of Flare to voice my complaint. He spoke to
us the other bids were to high and he had gotten the bid Bob Kriager, he said Bob Krieger told him he would
for $18,000.,and would be out to see what had to be resolve the problem and come to see us on Monday
done At this point we had no idea what the bids were. l June 19th. Of course he hasn’t shown up, and no one
),I don’t understand how he got to bid.2)How did he has been here to do any repairs, or finish the rework, or
know what to bid if he hadn't seen what had to be done. check the furnace, so our gas bills, are sail high until
He was not one of our requested contractors. The the weather warms up because the furnace was not
bidding process for this program needs to be warming the whole house. .Someone finally came and
investigated for a start. Why weren't the other painted the frames and repaired the hinges on the two
contractors given a chance to rebid? The other three doors. But that is all they did. I have come to the
contractors Were minority contractor. I am lead to conclusion that no one cares, even though my father is
understand this is not the first time this has happened on a fixed income. It is a shame the way the city takes
this way. When the inspector came out to analyze the advantage of older people. Especially the black elders
job, he mentioned that he knew a contractor who would on the East side of Buffalo..
do the work if we didn't have one. Isn't this a big I have pictures of the roof and the raised
coincidence that that contractor is the one who got the shingles and the back porch with the rain poring out of
job. the drains on to the porch. If the house had any code
The workers themselves were polite and friendly. They violations the city would be out here with fines in a heart
did their work without inconvenience to the household, beat. They already required that he make his first
there were a few problems. They broke our basement payment on the Loan. He received his payment book
window, fixed it a little hap hazardly, they took our on May 17th, the first payment was due May 8th. Figure
garbage can by mistake and our wooden push broom. that. He kept the envelope it came in. They had no
They replaced them with cheaper ones, but they did problem making him pot his house up for collateral to
replace them without incident. The flames around the pay for what we fill is lousy workmanship. How can the
two doors they put in were left unpainted. They put the city have someone doing work for them who threatens
screen door catches in the wrong spot. The front one elderly people. (Be satisfied or we take back what little
cracked the flame, The furnace does not heat the extra we give you, even if it is costing you $18,000 plus
house like its suppose to. The coils only get warm. not interest.)
hot. The shingles on the roof are coming up: The drain I am hoping to hear from someone soon about
over flows onto the new stairway they put at the back resolving these matters; Thanking you in advance for
door when it rains. It, also was not put up correctly. We you help.
had an independent contractor come and look at the RECEIVED AND FILED
work that was done. They pointed out the things that
were not done correctly.. Also we did not receive any NO 72
guaranties on any of the work, nor the furnace. Since KALEIDA HEALTH
the workmen have finished, I have continuously called BUFFALO SCHOOL HEALTH PROGRAM
Kaleida Health Application for Buffalo School
for someone to come and inspect it no one came,
,Ken Fawcett had my father sign a paper that.
Health Program
we found out later was a work discharge sheet stating
On behalf of the Masten District Council Office, its
that the work was finished and he could get paid. When
residents, and affected students and parents of the
my father was called downtown to sign for the loan ,he
Buffalo Public School System, this letter is to express
asked about the paper, the man told him that wasn't
my strong support of the Kaleida Health application to
possible because Mr. Fawcett had no business with
operate the School Health Program (school nurses) for
that sheet, end it could not be signed until an inspector
the City of Buffalo Public School District. School nurses
came out to inspect the work. But it was signed by my
offer a vital service for our children, ensuring that they
father. Of course no one came ouI called the office
t.
remain healthy and ready to learn.
numerous of times, everyone at city hall should know
Kaleida Health's expert pediatric nursing and medical
my name when they hear it in that department, finally
staff at the Women and Children's Hospital are well
on May 17th Bob Krieger and Ken Fawcett graced us
positioned to provide the school nursing services. The
with their presence. I pointed out the problems. When I
Hospital has had a longstanding commitment to the
showed Ken Fawcett the way the back little porche was
health and well being of Buffalo's children and youth. I
put together he threatened us with ,"I didn't have to give
can think of few other organizations that are better
you a porche I was suppose to put in a 4x4 stairway, I
prepared to step into this role and provide nurses for
will take out whats there and put up the 4x4 stairs. I
our children in Buffalo.
don't like to be threatened by some one who does lousy
If I may be of any assistance as you complete and
work as far as I'm concerned. And I believe he got the
implement your plans, please contact me at 851-5145.
contract underhandedly, cutting the minority contractors
RECIVED AND FILED
out.
Bob Krieger promised us that he would send
NO. 73
someone out the following week to check to see if the
LP CIMINELLI
boiler was large enough for the house, someone called
SUMMARY OF MINORITY WOMEN BUSINESS
May 17th said they would lie out that Thursday. Of
CONTRACTING
course they haven't shown up as of this date. Bob
PHASE I
Ktinger said he would be back in June to check on the
I am writing to respectfully request your assistance in
roof. He has not been back. I have tried numerous of
filing the attached document for the next Common
times to contact him. I finally reached him on Junel4th.
Council meeting on June 28, 2005.
When I asked him about the furnace man he said, "I did
I thank you for your assistance in this matter. Should
what I was suppose to, I called the finance department
you have any questions, please feel free to contact me
and told them." No offer to check on it or request them
CIVIL SERVICE
at (716) 851-5145.
REFERRED TO THE MINORITY BUSINESS
(Bonnie E. Russell, Chairperson)
ENTERPRISE SPECIAL COMMITTEE
NO. 79
NO. 74
Appointment
Telecommunications License Agreement by and
Appt-Detective (Perm) (Pol)
between the City of Buffalo, New York and Williams
(Item No. 36-June 14, 2005)
Communications, Inc. dated December 22, 1999
That Communication 36, June I4, 2005 be received and
WilTel Communications, LLC, formerly known as
filed and the permanent promotion of Christopher S.
Williams Communications, Inc., ("WilTer') has fiber
Kochersberger stated above at the maximum flat
optic facilities within the public right of way of the City of
starting salary of $59,909 effective on May 21, 2005 is
Buffalo pursuant to the referenced agreement. The
hereby approved.
agreement, however, was for a 5-year initial term with
PASSED
two 5-year renewals upon a written request to renew by
AYES – 8 NOES – 0
WilTel. Due to an oversight, the initial term expired in
December of 2004 without a request to renew.
NO. 80
Please Consider this WitEL’S REQUEST TO ENTER
Appointment
INTO NEGOTIATIONS FOR a renewal of the existing
Appt-Detective (Cont. Perm) (Pol) (Item No. 37-June
agreement or a new License Agreement
14, 2005)
REFERRED TO THE COMMITTEE ON LEGISLATION
That Communication 37, June 14, 2005 be
AND TELECOM
received and filed and the contingent permanent
promotion of Margaret J. Dragone stated above at the
PETIOTIONS
maximum flat starting salary of $59,909 effective on
May 21, 2005 is hereby approved.
NO. 75
PASSED
S. Handsor, Agent, Use 323 Wohlers for A Beauty
AYES – 8 NOES – 0
Salon (Masten) (Hrg 07/05)
NO. 81
REFERRED TO THE COMMITTEE ON LEGISLATION,
Appointment
THE CITY PLANNING BOARDAND THE
Appt-Detective Sergeant (Cont. Perm) (Pol) (Item
CORPORATION COUNSEL
No. 38-June 14, 2005)
That Communication 38, June 14, 2005 be received
NO. 76
and filed and the contingent permanent promotion of
B. JOSKER, AGENT, USE 88 WEST UTICA FOR A
Sallie A. Bierseh stated above at the maximum flat
POLE
starting salary of $62,423 effective on May 21, 2005 is
SIGN (DEL) (HRG 7/5)
hereby approved.
REFERRED TO THE COMMITTEE ON LEGISLATION,
PASSED
CITY PLANNING BOARD AND CORPORATION
AYES- 8 NOES – 0
COUNSEL.
NO. 82
NO. 77
APPT.-SUPV. OF SLUM & BLIGHT (INTER)
M. KING, AGENT, USE 976 ELMWOOD FOR AN
(PERMITS/INSP.)
OUTDOOR PATIO (NORTH) (HRG 7/5)
(ITEM NO. 45, 6/14)
REFERRED TO THE COMMITTEE ON LEGISLATION,
That the above item be and the same hereby is
CITY PLANNING BOARD AND CORPORATION
received and filed.
COUNSEL.
ADOPTED
NO. 78
NO. 83
POLICE PATROL IN FILLMORE LEROY AREA
APPOINTMENTS
I am writing to respectfully request your assistance in
HEARING EXAMINERS (PART TIME) (A&F)
filing the attached document for the next Common
(ITEM NO. 47-JUNE 14, 2005)
Council meeting on June 28, 2005.
That Communication 47, June 14, 2005 be received
I thank you for your assistance in this matter. Should
and filed and the temporary appointments of Craig D.
you have any questions, please feel free to contact me
Hannah & Melissa A. LoTempio stated above at the flat
at (716) 851-5145.
starting salary of$110/day effective on June 13, 2005 is
I am a resident of Heide McPhatter in the City of
hereby approved.
Buffalo. I am writing this letter to support the police
PASSED
patrol enforcement by the City of Buffalo Police
AYES - 8 NOES - 0
department and Common Council in the Fillmore-Leroy
area. Our families and children safety is an important
NO. 84
factor to bring a quality of life environment in our
M. COPPOLA-O. LICATA-EXAM MONITORS-
community and local businesses.Your cooperation is
INFORMATION
very much appreciate in securing safety and welfare to
(ITEM NO. 55, 6/14)
our families and children. REFERRED TO THE
That the above item be and the same hereby is
COMMITTEE ON LEGISLATION AND THE
received and filed.
COMMISSIONER OF POLICE
ADOPTED
Regular Committees
NO. 85
NOTICES OF APPTS.-TEMP./PROV./PERM. (C.
CLK.)
(ITEM NO. 53, 6/14) NO. 93
That the above item be and the same hereby is FUELMASTER SYSTEM
received and filed. (ITEM NO. 143, 5/17)
ADOPTED That the above item be and the same hereby is
received and filed.
NO. 86 ADOPTED
NOTICES OFAPPTS.-TEMP./PROV./PERM. (C. CLK.)
(ITEM NO. 67, 6/14) NO. 94
That the above item be and the same hereby is REPORT-FUELMASTER REPORT (A&F)
received and filed. (ITEM NO. 59, 5/31)
ADOPTED That the above item be and the same hereby is
received and filed.
FINANCE ADOPTED
(BRIAN C. DAVIS, CHAIRMAN)
NO. 87 NO. 95
LIST OF BANKS PER BUDGET HEARING ON 5/3/05 J. SCAFFIDI-BFI-RECYCLING RATES IN CITY HALL
(COMPT) (ITEM NO. 71, 5/17)
(ITEM NO. 17, 6/14) That the above item be and the same hereby is
That the above item be and the same hereby is referred received and filed.
to the Committee on Community Development. ADOPTED
ADOPTED
LEGISLATION
NO. 88 (RICHARD A. FONTANA, CHAIRMAN)
DISABILITY EXEMPTION NO. 96
(ITEM NO. 18, C.C.P., JUNE 14, 2005) O. TRAYNOR, PETITION TO USE 795 DE/AWARE -
That the Commissioner of Assessment and Taxation ILLUMINATED - GROUND SIGN
be, and she hereby is authorized to adopt the new (ITEM NO. 62, C.C.P., JUNE 14, 2005)
basic 50% exemption level of $23,999. The disability That the petition of O. Traynor, agent, for
exemption granted to eligible disabled citizens will be permission to use 795 De/aware Avenue for an
based on the income schedule, as listed in the above illuminatedground sign be, and hereby is approved.
communication, and will be effective for the 2006/2007 PASSED
fiscal year tax roll. AYES - 8 NOES - 0
PASSED
AYES - 8 NOES - 0 NO. 97
REAPPT, MEMBERS-ZONING BOARD OF APPEALS
NO. 89 (MAYOR)
SENIOR CITIZEN EXEMPTION (ITEM NO. 1, 6/14)
ITEM NO. 19, C.C.P., JUNE 14, 2005) That the above item be and the same hereby is
That the Commissioner of Assessment and Taxation received and filed.
be, and she hereby is authorized to adopt the new ADOPTED
basic 50% exemption level of $23,999. The senior
citizen exemption granted to eligible disabled citizens NO. 98
will be based on the income schedule, as listed in the ENFORCEMENT OF ILLEGAL DUMPING
above communication, and will be effective for the ORDINANCES (POL)
2006/2007 fiscal year tax roll. (ITEM NO. 34, 6/14)
PASSED That the above item be and the same hereby is
AYES - 8 NOES – 0 received and filed.
ADOPTED
NO. 90
COUNCIL REQ.-FUELRNASTERREPORTS (A&F) NO. 99
(ITEM NO. 46, 6/14) ENFORCEMENT OF NOISE ORDINANCES (POL)
That the above item be and the same hereby is (ITEM NO. 35, 6/14)
received and filed. That the above item be and the same hereby is
ADOPTED received and filed.
ADOPTED
NO. 91
RESULTS OF BIDS - WEBSTER BLOCK - 75 MAIN NO. 100
STREET, AUD LOTS 1, 2 & 3 INCREASE FEE FOR PHOTOGRAPH RECORDS
(ITEM NO. 3, C.C.P., MAY 31, 2005) (LAW)
Mr. Davis moved that the above item be recommitted to (ITEM NO. 39, 6/14)
the Committee on Finance. That the above item be and the same hereby is
ADOPTED received and filed.
ADOPTED
NO. 92
FUEL AUDIT (A&F) NO. 101
(ITEM NO. 39, 5/17) L. COLLIN-"FAIR HOUSING ACT" (ITEM NO. 54,
That the above item be and the same hereby is 6/14)
received and filed. That the above item be and the same hereby is
ADOPTED received and filed.
ADOPTED
AYES - 8 NOES – 0
NO. 102
S. GEHL, HOME-PROJECT BASED SECTION 8 & NO. 109
OTHER HOUSING WITHIN COB FATHER GUY F. SIRACUSE TRAILBLAZER SIGNS
(ITEM NO. 57, 6/14) (ITEM NO. 145, C.C.P., MAY 17, 2005)
That the above item be and the same hereby is (ITEM NO. 107, C.C.P., JUNE 14, 2005)
received and filed. That the Commissioner of Public Works, Parks &
ADOPTED Streets be, and he hereby is authorized to install
trailblazing signs beneath the existing street signs on
NO. 103 Ludington and North Ogden and Ludington and Bailey
HOUSING OPPORTUNITIES MADE EQUAL-proclaiming that portion as "Father Guy
COMPARATIVE FAIR HSG. STATUTES-JUNE 2005 PASSED
(ITEM NO. 59, 6/14) AYES - 8 NOES – 0
That the above item be and the same hereby is NO. 110
received and filed. PROHIBIT SALE OF SPRAY PAINT & BROAD
ADOPTED TIPPED MARKERS TO PERSONS UNDER 18 YRS
OF AGE
ND
NO. 104
(EX. 2RES.) (ITEM NO. 86, 4/5)
A. THOMPSON-B. CORCORAN-REFORMS TO
That the above item be and the same hereby is
ZONING BD. OF APPEALS PROCESS
received and filed.
(ITEM NO. 60, 6/14)
ADOPTED
That the above item be and the same hereby is
received and filed.
NO. 111
ADOPTED
VOLUNTARY LINE SAVER PROGRAM FOR CITY OF
BUFFALO WATER CUSTOMERS
NO. 105
(ITEM NO. 89, 4/5)
ORDINANCE AMENDMENT - CHAPTER 222 - SALE
That the above item be and the same hereby is referred
OF GLUE
to the Committee on Finance.
(ITEM NO. 128, C.C.P., JUNE 14, 2005)
ADOPTED
That after the public heating before the Committee on
Legislation on June 21, 2005, the Ordinance
NO. 112
Amendment as contained in Item No. 128, C.C.P., June
EST. A T&A ACCT.-DWELLING REG. FUNDS (EXC.
14, 2005, be and the same hereby is approved.
ST
1RES)
PASSED
(ITEM NO. 147, 5/17)
AYES - 8 NOES - 0
That the above item be and the same hereby is
received and filed.
NO. 106
ADOPTED
REV. WILLIAM A. HOLLEY, JR. WAY -
TRAILBLAZER SIGNS
NO. 113
(ITEM NO. 144, C.C.P., JUNE 14, 2005)
LEGISLATION OF PBT FREE PURCHASING
That the Commissioner of Public Works, Parks &
(A&F) (ITEM NO. 41, 5/17)
Streets be, and he hereby is authorized to install two (2)
That the above item be and the same hereby is
trailblazing signs beneath the existing street signs on
received and filed.
Jefferson Avenue at the corner of Northampton Street
ADOPTED
on Pole #1190 and #1195 proclaiming that portion as
"Rev. William A. Holley, Jr. Way."
NO. 114
PASSED
RESPONSE-COB TAX FORECLOSURE AUCTION
AYES - 8 NOES – 0
(STRAT. PLAN.)
(ITEM NO. 6, 9/21)
NO. 107
That the above item be and the same hereby is
FOOD STORE LICENSE - 3306 BAILEY AVENUE
received and filed.
(ITEM NO. 49, C.C.P., MAY 31, 2005) (ITEM NO. 102,
ADOPTED
C.C.P., JUNE 14, 2005)
That pursuant to Chapter 194 of the City Code, the
NO. 115
Commissioner of Permit and Inspections Services be,
S. HOYT-SUPPORT FOR LAW ALLOWING PARTIAL
and he hereby is authorized to grant a Food Store
COLLECTION OF BACK TAXES
License to Andy Pham, located at 3306 Bailey Avenue.
(ITEM NO. 59, 4/19)
PASSED
That the above item be and the same hereby is
AYES - 8 NOES - 0
received and filed.
NO. 108
ADOPTED
USED CAR DEALER - 1540 SENECA STREET
(ITEM NO. 54, C.C.P., MAY 31, 2005)
NO. 116
(ITEM NO. 104, C.C.P., JUNE 14, 2005)
ORD. AMEND.-CHAPTER 511-ZONING-511-87.1
That pursuant to Chapter 254 of the City Code, the
LIGHTING AFFECTING NEIGHBORHOOD PROP.
Commissioner of Permit & Inspection Services be, and
(HRG. 9/21)(#254,7/20)(# 113, 9/21)
he hereby is authorized to grant a Used Car Dealer
That the above item be and the same hereby is
License to Shari Mancini d/b/a Lugnutz Automotive
received and filed.
Sales located at 1540 Seneca Street.
ADOPTED
PASSED
NO. 117 NO. 126
ORD. AMEND.-CHAPTER 511-ZONING-511-84 R. FONTANA-D. TREDO SR. REQ. FOR ORD. OR
COMER VISIBILITY LICENSE-IMPOUND RETENTION FACILITY
(HRG. 9/21)(#257,7/20)(#116, 9/21) (#56, 2/22)
That the above item be and the same hereby is That the above item be and the same hereby is
received and filed. received and filed.
ADOPTED ADOPTED
NO. 118 NO. 127
ORD. AMEND.-CHAPTER 511-ZONING-511-115 B. DAVIS-BUFFALO SAFETY PREVENTION
YARDS & COURTS MEASURES
(HRG. 9/21)(#264,7/20)(#123, 9/21) (#65, 5/17)
That the above item be and the same hereby is That the above item be and the same hereby is
received and filed. received and filed.
ADOPTED ADOPTED
NO. 119 NO. 128
N. BLASCHAK-REQ. CHANGES ORD AMEND T. KENNEDY-SUPP. STRENGTHENING THE NY
CHAPTER 511-ZONING, USE PERMIT REQ. STATE SEX OFFENDERS REG. ACT TO PROTECT
(#55, 11/3) THE COMMUNITY (#68, 5/17
That the above item be and the same hereby is That the above item be and the same hereby is
received and filed. received and filed.
ADOPTED ADOPTED
NO. 129
NO. 120 NOTICE OF SEX OFFENDERS TO COB RESIDENTS
ZONING BOARD OF APPEALS SCREENING (POL)
(PERMITS) (#37, 5/31)
(#38, 2/22) That the above item be and the same hereby is
That the above item be and the same hereby is received and filed.
received and filed. ADOPTED
ADOPTED
NO. 130
NO. 121 TOTAL NO. OF OUTSTANDING WARRANTS IN COB
ZONING BOARD OF APPEALS SCREENING (A&F) (POL)
(#40, 2/22) (#41, 5/31)
That the above item be and the same hereby is That the above item be and the same hereby is
received and filed. received and filed.
ADOPTED ADOPTED
NO. 122 COMMUNITY DEVELOPMENT
UTILIZING A PRE-DETERMINED INSPECTION (JOSEPH GOLOMBEK JR., CHAIRMAN)
VIOLATION FORM NO. 131
(#134, 5/3) LDA-4 NEW SEVENTH, 43 CAROLINA, 257 W.
That the above item be and the same hereby is GENESEE & PORTIONS OF WATERFRONT
received and filed. SCHOOL-DUKE FIN NY, LLC, REDEVELOPER (HRG.
ADOPTED 6/28) (CCP#/V0-6/14/05)
That the above item be and the same is returned
NO. 123 to the Common Council without recommendation.
UTILIZING A PRE-DETERMINED INSPECTION RECOMMENDED BY THE COMMITTEE ON
VIOLATION FORM (PERMITS/INSP.) COMMUNITY
(#58, 5/31) DEVELOPMENT
That the above item be and the same hereby is A public heating has been set, before the Common
received and filed. Council, at this regularly scheduled meeting, on the
ADOPTED above item, and a Notice of same has been published
in the Buffalo News, a copy of which is attached hereto.
NO. 124 On a motion by Mr. Coppola, seconded by Mrs
A. THOMPSON-REQ. FOR STOP SIGN ON HAGEN Russell, the item is properly Before the Common
STREET @ E.. DELAVAN AVE. Council, and the hearing is opened.
(#76, 5/17) CARRIED
That the above item be and the same hereby is Appearances
received and filed. Maria Scinta, BURA
ADOPTED Sandy Nasca, Strategic Planning
Mr. Coppola now moved that the hearing be closed.
NO. 125 Seconded by Mr. Fontana
B. DAVIS-76/78 TRACY ST. HALFWAY HOUSE Mr. Golombek moved:
(#71, 5/31) That Duke and/or any other legal entity to be formed,
That the above item be and the same hereby is was duly designated as a qualified eligible Redeveloper
received and filed. by the Buffalo Urban Renewal Agency, is hereby
ADOPTED approved as Redeveloper of 4 New Seventh Street, 43
Carolina, 257 West Genesee and Portions of the hereby is denied because the property was already
Waterfront School in the Waterfront Redevelopment slated for demolition and that the applicant was not able
Project Urban Renewal Area NYR -35; and to sufficiently provide funding and expertise to make the
That the Mayor is hereby authorized to execute any and property code compliant.
all deeds or other documents necessary to convey ADOPTED
surplus lands located at the Waterfront School to BURA
for purposes of this Project; and NO. 135
That the Mayor or any other officer of BURA is hereby D. BONIFACIO-INFO PBA (#49, 2/22)
authorized to execute any and all deeds or other That the above item be and the same hereby is
documents necessary to convey land described in the received and filed.
proposed Land Disposition Agreement to Duke HN New ADOPTED
York, LLC in accordance with the terms of said NO. 136
Agreement and for consideration recited therein; and D. BONIFACIO-B. CORCORAN-SHARED BORDER
PASSED MNGT.-PEACE BRIDGE EXP. PROJECT
AYES – 8 NOES - 0 (#41, 12/28)
That the above item be and the same hereby is
NO. 132 received and filed.
LAND DISPOSITION AGREEMENT - HEALTHNOW ADOPTED
(STRAT. PLAN.)
(ITEM NO. 9, C.C.P., JUNE 14, 2005) RESOLUTIONS
That the above item be, and the same hereby is NO. 137
returned to the Common Council without BY: MR. CONRAD
recommendation. SUPPORT TIFFT NATURE PRESERVE AS PHASE H
Mr. Golombek moved: OF OUTER HARBOR STATE PARK
That the above-mentioned item be and the same is Whereas: Tim Nature Preserve is a 264-acre urban
hereby Approved sanctuary, that provides unique
PASSED recreational, environmental and
AYES – 8 NOES - 0 educational opportunities; and
Whereas Purchased by the City of Buffalo in 1972 and
NO. 133 managed by the Buffalo Museum of Science for more
HEALTH NOW PROJECT than twenty years; Tifft Nature Preserve is most notably
(ITEM NO. 138, C.C.P., JUNE 14, 2005) likely the first "Brownfield" reclamation project in the
That the Health Now Project serves the public interest country; and
by remediating and redeveloping a blighting parcel in Whereas One year ago, then-Assemblyman Brian
the downtown core; and Higgins proposed the inclusion of Tifft Nature Preserve
That Duke and/or any other legal entity to be formed, as Phase II of the 90-acre new State park to be opened
was duly designated as a qualified eligible Redeveloper along Buffalo's Outer Harbor; and
by the Buffalo Urban Renewal Agency, is hereby Whereas Now Congressman Higgins has renewed his
approved as Redeveloper of 43 Carolina, 257 West call to NYS Governor George Pataki and Commissioner
Genesee and 4 New Seventh Street; and Bernadette Castro, Office of Parks, Recreation and
That the Mayor is hereby authorized to execute any and Historic Preservation to aggressively move forward on
all deeds or other documents necessary to convey any discussions, deliberations and negotiations for the
surplus lands located at the Waterfront School to BURA assumption of this facility as the County's fiscal
for purposes of this Project; and collapse has severely impacted the local cultural
That the Mayor or any other officer of BURA is hereby institutions, including the Buffalo Museum of Science;
authorized to execute any and all deeds or other and
documents necessary to convey land described in the Whereas The push for inclusion of Tifft Nature Preserve
proposed Land Disposition Agreement to Duke HN New into the State Parks inventory comes against the
York, LLC in accordance with the terms of said backdrop of the ongoing $1.17 million Tifft Street
Agreement and for consideration recited therein; and Greenway construction project which will, for the first
That contingent upon Duke HN New York, LLC waiving time, bring pedestrians and bicyclist's directly to the
the benefits available pursuant to §485-e of the Real front entrance of Tifft Nature Preserve; and
Property Tax Law, and contingent upon the City of Whereas With the anticipated opening of the State park
Buffalo receiving, at a minimum the amounts it would and this ongoing public access project linking the
have received pursuant to a standard ECIDA PILOT, waterfront to the neighborhood and the neighborhood to
this Body authorized the Mayor or the Executive the waterfront, the State of New York remains the best
Director of the Office of Strategic Planning to enter into suited to maintain and enhance capital improvements
a PILOT Application Agreement and any other and operational costs to the Tifft Nature Preserve for
agreements as necessary with the Erie County generations to come.
Industrial Development Agency for the purpose of Now, Therefore Be It Resolved: That this Honorable
applying sufficient funds for a $14,000.00, fifteen (15) Body urges the NYS Governor, Mayor of the City of
year debt on the Project. Buffalo and the leadership of the Buffalo Museum of
ADOPTED Science to begin negotiations to include Tifft Nature
Preserve as Phase II of the Outer Harbor State park,
NO. 134 and
RESULTS OF NEGOTIATIONS -207 Be it Finally Resolved: that certified copies of this
BRECKENRIDGE STREET resolution be sent to the Governor Pataki,
(ITEM NO. 7, C.C.P., APR. 5, 2005) Commissioner Bernadette Castro, the WNY State
That the offer from Ms. Rose Yager, 247 Barton Street Delegation, the County Executive, the Erie County
for the purchase of 207 Breckenridge Street, be and Legislature, Dr. David E. Chesebrougb, President and
CEO, Buffalo Museum of Science and Congressman Counsel file the appropriate Local Law including the
Brian Higgins. above mentioned requirements.
ADOPTED ADOPT FINAL RESOLVE THE REMAINDER
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 138
BY MR. COPPOLA NO. 139
APPRENTICESHIP TRAINING PROGRAMS SPONSOR: MR. COPPOLA
Whereas: Current State law does not compel any GRANT PERMISSION TO ELMWOOD FESTIVAL TO
government entity that is a party to a construction HANG BANNER
th
contract to require that any contractors or
Whereas: The 6Annual Elmwood Festival will be
subcontractors participate in apprenticeship training
held this year on Saturday, August 27, 2005, and
programs approved by the State Commissioner of
Sunday, August 28, 2005; and
Labor; and
Whereas: They have requested permission to a hang a
Whereas: There is a long and productive history of
banner within the City of Buffalo to celebrate this
partnership between labor and management for the
occasion; and
training of skilled craft workers in our State which began
Whereas: The banner will be up from July 20, 2005,
over fifty (50) years ago when the US Congress passed
through August 29, 2005, and it will be hung across
the Fitzgerald Act (29 USC Section 50) to encourage
Elmwood Avenue at Breckenridge Avenue; and
States to develop apprenticeship training programs;
Whereas: The Elmwood Festival has contacted the
and
City of Buffalo Traffic Engineer and is aware of the
Whereas: The New York State Legislature adopted
requirements for hanging a banner within the City of
Article 23 of the NEW YORK LABOR LAW in 1961 to
Buffalo.
authorize the State Commissioner of Labor to develop
Now, Therefore, Be It Resolved:
standards for apprenticeship training and a process for
This Common Council supports the Elmwood Festival
certifying programs which meet said standards; and
in its endeavor, and subject to the conditions set forth
Whereas: The promotion of apprenticeship training
by the Department of Public Works, Parks, & Streets,
programs will expand the pool of skilled workers in the
grants them permission to hang an Elmwood Festival
City of Buffalo by providing many residents the means
banner across Elmwood Avenue.
to earn a decent living thereby fostering the local and
PASSED
regional economies.
AYES - 8 NOES - 0
Now, Therefore, Be It Resolved:
That the City of Buffalo hereby establishes a policy to
NO. 140
promote apprenticeship training as authorized by
SPONSOR: MR. COPPOLA
Section 816-b of the NEW YORK LABOR LAW; and
REQUIRE LOG SHEETS FOR BROKEN STREET
Be It Further Resolved:
LIGHTS IN ALL CITY VEHICLES
That construction contracts shall mean any contract to
Whereas: Street lights that are in need of repair or not
which the City of Buffalo shall be a signatory which
working properly are a nuisance to City residents and
involves the construction, reconstruction, improvement,
motorists because they are not providing the proper
rehabilitation, installation, alteration, renovation,
illumination to the street; and
demolition, or otherwise providing for any building,
Whereas: It would be beneficial to both the City of
facility or physical structure of any kind with a value in
Buffalo and its residents if log sheets were placed in all
excess of $250,000.00; and
City vehicles so that all employees can mark street
Be It Further Resolved:
lights that are in need of repair when they see them;
That contractor or subcontractor shall mean a
and
contractor or subcontractor that directly employs labor
Whereas: Well lit streets can help to prevent crime and
under a construction contract for which an
motor vehicle accidents; and
apprenticeship program has been approved by the New
Whereas: Proper audit of streetlights can save the City
York State Commissioner of Labor in accordance with
of Buffalo hundreds of thousands of dollars, and in fact,
Article 23 of the NEW YORK LABOR LAW; and
an audit done in the late 1990's resulted in
Be It Further Resolved:
reimbursements from Niagara Mohawk of over $1
That the City of buffalo hereby requires any contractor
million; and
or subcontractor, prior to entering into a construction
Whereas: The Buffalo Police Department formally had
contract with the City of Buffalo, to have apprenticeship
this policy in place for squad cars, but currently they
agreements, appropriate for the type and scope of work
only phone in broken street lights they see; and
to be performed, which have been registered with and
Whereas: By logging the street lights on paper, the City
approved by the New York State Commissioner of
of Buffalo would have a hard copy that can be cross
Labor in accordance with Article 23 of the NEW YORK
checked to better monitor how quickly Niagara Mohawk
LABOR LAW anything in Section 103 of the NEW
and city . contractors put up and fix the lights, as well
YORK GENERAL MUNICIPAL LAW to the contrary
as, cross check any reimbursements on monthly
notwithstanding; and
charges from Niagara Mohawk due to improperly
Be It Further Resolved:
working street lights; and
That any contractor or subcontractor operating under
Whereas: These logs should be submitted to
this agreement shall make every effort to employ
department supervisors on a daily or weekly basis.
apprentices that legally reside in the City of Buffalo; and
Now Therefore Be It Resolved:
Be It Further Resolved:
All City of Buffalo vehicles have in-vehicle log sheets so
That this Resolution shall apply to construction
the operator can mark down street lights that are
contracts advertised for bids on or after the effective
broken or not working properly, and that these log
date; and
sheets be provided to department heads on a daily or
Be It Finally Resolved:
weekly basis; and
That the Common council requests that the Corporation
Be It Finally Resolved:
That this Common Council requests responses from the hearing on due notice.
Mayor's Office and the NOW, THEREFORE, BE IT RESOLVED:
Comptroller's office as the feasibility and viability of 1. That the City Clerk is hereby directed to publish the
implementing this program. notice attached hereto and marked "Notice of Hearing"
ST
ADOPT 1 RESOLVE REMAINDER REFERRED TO in the Buffalo News, no later than the 8th day of July
THE COMMITTEE ON FINANCE 2005.
2. That this Common Council will conduct a Public
NO. 141 Hearing on the matter stated in said "Notice of Hearing"
AMENDED RESOLUTION at 2:00 P.M. in the Council Chambers on the 12th of
BY: BRIAN C. DAVIS July 2005. TEW/MS/cc
PERMISSION TO HANG A BANNER ACROSS ADOPTED
DELAWARE AVENUE AT WEST UTICA, NORTH,
AND WEST TUPPER STREETS NO. 143
Whereas: The Taste of Buffalo is a one of the favorite BY: COUNCILMEMBER DAVIS
annual summer events in the City of Buffalo; and SET PUBLIC HEARING
nd
APROVAL OF LAND DISPOSITION
Whereas: To celebrate and advertise the 22Taste
AGREEMENT
of Buffalo, the event organizers would like permission to
800 MAIN STREET LLC - REDEVELOPER
temporarily hang banners across Delaware Avenue at
844,846,850,854,858 AND 864 MA1N
the following locations: Delaware Avenue at West Utica
WHEREAS, 800 Main Street LLC and/or other legal
Street, Delaware Avenue at North Street, and Delaware
entity to be formed (herein referred to as the
Avenue at West Tupper; and
"Redeveloper") has been duly designated as qualified
Whereas: The Taste of Buffalo organizers are
and eligible Redeveloper in accordance with the rules
familiar with the banner requirements, and will purchase
and procedures prescribed by the City of Buffalo Urban
the necessary bond before the banner is hung.
Renewal Agency; and
Now, Therefore, Be It Resolved:
WHEREAS, the City of Buffalo Urban Renewal Agency
That the Common Council of the City of Buffalo grants
and the Redeveloper has negotiated a Land Disposition
permission for the Taste of Buffalo to hang banners
Agreement for the sale of 844,846,850,854,858,864
advertising this event from Friday, July 1, 2005 until
Main Street; and
Monday, July 11, 2005; and
WHEREAS, the terms of said Land Disposition
Be It Further Resolved:
Agreement have been approved by the City of Buffalo
That this resolution will amend the previous resolution
Urban Renewal Agency; and
requesting to hang banners for this event from June 3-
WHEREAS, said Land Disposition Agreement has been
17, 2005; and
forwarded by the City of Buffalo Urban Renewal Agency
Be It Finally Resolved:
to this Common Council for action, pursuant to section
That the banner meets all the requirements of pertinent
507, subdivision 2 of the General Municipal Law; and
City departments and that no existing laws are violated.
WHEREAS, Section 507(2) of the "General Municipal
PASSED
Law" requires that the disposition of land in an Urban
AYES -8 NOES - 0
Renewal Project may be approved only after a public
hearing on due notice.
NO. 142
NOW, THEREFORE, BE IT RESOLVED:
BY: COUNCILMEMBER BRIAN DAVIS
1. That the City Clerk is hereby directed to publish the
SET PUBLIC HEARING
notice attached hereto and marked "Notice of Hearing"
[REQUEST TO AMEND LDA - OAK MICHIGAN
in the Buffalo News, no later than the 1st day of July
INDUSTRIAL CORRIDOR PHASE LIB PORTION OF
2005.
BLOCK 2 - 700 MICHIGAN WESTERN NEW YORK
2. That this Common Council will conduct a Public
MEDICAL ARTS CENTER - REDEVELOPER
Hearing on the matter stated in "Notice 3fHearing" at
WHEREAS, Western New York Medical Arts Center
2:00 P.M. in the Council Chambers on the 12th of July
and/or other legal entity to be formed (herein referred to
2005.
as the "Redeveloper") has been duly designated as
qualified and eligible Redeveloper in accordance with
ADOPTED
the rules and procedures prescribed by the City of
Buffalo Urban Renewal Agency; and
NO. 144
WHEREAS, the City of Buffalo Urban Renewal Agency
BY: COUNCILMEMBER DAVIS
and the Redeveloper has executed a Land Disposition
SET PUBLIC HEARING
Agreement for the sale of 700 Michigan Avenue in the
PROPOSED PERMANENT EASEMENT
Oak Michigan Industrial Corridor Phase IIB Urban
AGREEMENT
Renewal Area; and
PORTION OF 639 MAIN STREET
WHEREAS, the terms of the Land Disposition have
WHEREAS, the City of Buffalo Urban Renewal Agency
been amended; and
and Plaza Group 200 LLC has negotiated a Permanent
WHEREAS, the terms of said Amended Land
Easement Agreement for a portion of 639 Main Street;
Disposition Agreement have been approved by the City
and
of Buffalo Urban Renewal Agency; and
WHEREAS, the terms of said Easement Agreement
WHEREAS, said Amended Land Disposition
have been approved by the City of Buffalo Urban
Agreement has been forwarded by the City of Buffalo
Renewal Agency; and
Urban Renewal Agency to this Common Council for
WHEREAS, said Easement Agreement has been
action, pursuant to section 507, subdivision 2 of the
forwarded by the City of Buffalo Urban Renewal Agency
General Municipal Law; and
to this Common Council for action, pursuant to section
WHEREAS, Section 507(2) of the "General Municipal
507, subdivision 2 of the General Municipal Law; and
Law" requires that the disposition of land in an Urban
General Municipal Law; and
Renewal Project may be approved only after a public
WHEREAS, Section 507(2) of the municipal Law" Buffalo Urban Renewal Agency; and
requires that the NOW, THEREFORE, BE IT RESOLVED:
disposition of land in an Urban Renewal Project may be 1. 800 Main Street LLC and/or other legal entity to be
approved only after a public hearing on due notice. formed was duly designated as qualified and eligible
NOW, THEREFORE, BE IT RESOLVED: Redeveloper by the Buffalo Urban Renewal Agency, is
1. That the City Clerk is hereby directed to publish the hereby approved as the Redeveloper of
notice attached hereto and 844,846,850,854,858,864 Main Street.
marked "Notice of Hearing" in the Buffalo News, no 2. That the Mayor, the Chairman, Vice-Chairman, or
later than the 18t day of July 2005. any officer of the Buffalo Urban Renewal Agency is
2. That this Common Council will conduct a Public hereby authorized to execute any and all deeds or other
Hearing on the matter stated in said "Notice of Hearing" documents necessary to convey land described in the
at 2:00 P.M. in the Council Chambers on the 12th of proposed "Land Disposition Agreement" to the City of
July 2005. Buffalo Urban Renewal Agency, and there on to 800
ADOPTED Main Street LLC and/or other legal entity to be formed
in accordance with the terms of said Agreement and for
NO. 145 the consideration recited therein.
BY: COUNCILMEMBER BRIAN DAVIS REFERRED TO THE COMMITTEE ON COMMUNITY
REQUEST TO AMEND LDA DEVELOPMENT
OAK MICHIGAN INDUSTRIAL
CORRIDOR PHASE IIB PORTION OF BLOCK 2 -700 NO. 147
MICHIGAN BY: COUNCILMEMBER DAVIS
WESTERN NEW YORK MEDICAL PROPOSED EASEMENT AGREEMENT - PORTION
ARTS CENTER- REDEVELOPER OF 639 MAIN ST.
WHEREAS, the Buffalo Urban Renewal Agency has WHEREAS, the City Clerk has published a Notice of
duly designated Western New York Medical Arts Center Public Hearing, as required
and/or other legal entity to be formed as qualified and of the General Muncipal Law and by Section 507,
eligible Redeveloper in accordance with rules and Subdivision 2(d)
procedures duly adopted by the Agency; and WHEREAS, the proposed Easement Agreement has
WHEREAS, the City Clerk has published a Notice of been duly submitted to this Common Council by the
Public Hearing, as required by Section 507, Subdivision Buffalo Urban Renewal Agency; and
2(d) of the "General Municipal Law" and NOW, THEREFORE, BE IT RESOLVED:
WHEREAS, the proposed Amendment to the Land 1. That the Mayor, the Chairman, Vice-Chairman, or
Disposition Agreement has been duly submitted to this any officer of the Buffalo Urban Renewal Agency is
Common Council by the Buffalo Urban Renewal hereby authorized to execute any and all Agreements
Agency; and or other documents necessary to convey land
NOW, THEREFORE, BE IT RESOLVED: described in the proposed "Easement Agreement" to
1. Western New York Medical Arts Center and/or other the Plaza Group 200 LLC in accordance with the terms
legal entity to be formed was duly designated as of said Agreement and for the consideration recited
qualified and eligible Redeveloper by the Buffalo Urban therein with final form subject to approval of Agency
Renewal Agency, is hereby approved as the Legal Counsel.
Redeveloper of 700 Michigan in the Oak Michigan REFERRED TO THE COMMITTEE ON COMMUNITY
Industrial Corridor Phase l Urban Renewal Area. DEVELOPMENT
2. That the Mayor, the Chairman, Vice-Chairman, or
any officer of the Buffalo Urban Renewal Agency is NO. 148
hereby authorized to execute any and all deeds or other BY: MR. FONTANA
documents necessary to convey land described in the EXCUSE COUNCIL MEMBER DAVIS FROM
proposed Disposition Agreement" to the City of
"Land COMMON COUNCIL MEETING TUESDAY, JUNE 28,
Buffalo Urban Renewal Agency, and there on to 2005
Western New York Medical Arts Center and/or other Whereas: Council Member Brian C. Davis
legal entity to be formed in accordance with the terms respectfully requests permission to be excused from
of said Agreement and for the consideration recited Common Council Session on Tuesday, June 28, 2005.
therein. Now therefore be it resolved that:
REFERRED TO THE COMMITTEE ON COMMUNITY The Common Council of the City of Buffalo does hereby
DEVELOPMENT grant Ellicott District Council Member Brian C. Davis'
request for permission to be excused from the Common
NO. 146 Council Meeting on Tuesday, June 28, 2005.
BY: COUNCILMEMBER DAVIS ADOPTED
LAND DISPOSITION AGREEMENT
844,846,850,854,858,864 MAIN ST. 800 MAIN NO. 149
STREET LLC -REDEVELOPER BY: MR. FONTANA
WHEREAS, the Buffalo Urban Renewal Agency has PERMISSION TO NEGOTIATE THE PURCHASE OF
duly designated 800 Main Street LLC and/or other legal 1070 SENECA STREET
entity to be formed as qualified and eligible Whereas: For much of the past decade the Seneca
Redeveloper in accordance with rules and procedures Babcock Neighborhood and the City of Buffalo have
duly adopted by the Agency; and been discussing plans for a new business park in the
WHEREAS, the City Clerk has published a Notice of Seneca Babcock area; and
Public Hearing, as required by Section 507, Subdivision Whereas: Currently the amount of land assembled in
2(d) of the "General Municipal Law" and large plots of 10 acres or more within the City of Buffalo
WHEREAS, the proposed Land Disposition Agreement is almost depleted with current demand for such land
has been duly submitted to this Common Council by the exceeding supply; and
Whereas: The 20 plus acre site known commonly as criminal abuse: the young, the old and especially the
1070 Seneca Street is located adjacent to the City's sick. All those who have their windows rattled by the
engineering garage and two (2) youth oriented cacophony of thumping base sounds, or are torn from
community centers; and their slumber, or cannot hear the police or fire truck
Whereas: Unemployment rates and poverty rates in the alarm in traffic are severely impacted by these vehicular
Seneca Babcock area are alarmingly high, and bringing "sound systems;" and,
job opportunities to the area will help to improve the WHEREAS: Private properties are still the source of
social and economic conditions of the Seneca Babcock noise ordinance violations, be they "party houses," or
Neighborhood; and gas stations which allow their customers to use their
Whereas: In order to assemble the land needed for property to illegally blast ear splitting music while they
such a light industrial/business park, the land must be "fill up;" and,
acquired by the City or an agency designated by the WHEREAS: As the public domain belongs to all, no one
City; and person or group has the right to broadcast noise as
Whereas: The site must be improved with all they please. Moreover they cannot use their private
infrastructure necessary to carry out the mission of property in such a manner if it intrudes on the public
attracting business development and jobs to the realm in an illegal fashion; and,
business park; WHEREAS: No person has the right to litter wherever
Now, Therefore, Be It Resolved: and whenever he or she pleases, nor engage in other
That the Common Council of the City of Buffalo does behavior that erodes civic cohesiveness under the law
hereby authorize the Director of Real Estate to at such a fundamental level;
negotiate the purchase of the land commonly known as NOW THERFORE BE IT RESOLVED:
1070 Seneca Street and all other addresses associated That the Buffalo Police Department create a permanent
with the parcel; and Quality of Life mobile police squad with assigned
Now, Therefore, Be It Further Resolved: officers that focuses its work on interdicting and
That the Director of Real Estate report back to the eradicating crimes and violations dealing with quality of
Council the results of his negotiations; and life, through the use of aggressive citations and arrests
Now, Therefore, Be It Finally Resolved: if applicable. These aggressive summonses would also
That the Law Department prepare all the necessary drive up revenue for the City of Buffalo. Such a police
documents associated with the sale of the property. squad could be modeled along the lines of the existing
PASSED "Flex Squad"; and,
AYES - 8 NOES - 0 BE IT FURTHER RESOLVED:
That the police look at impounding vehicles or
NO. 150 dismantling sound systems violating city noise
BY: MR. FRANCZYK ordinances; and,
CREATE POLICE QUALITY OF LIFE SQUAD BE IT FURTHER RESOLVED:
WHEREAS: Quality of life crimes and violations have That the Common Council create a Quality of Life Task
exploded to epidemic proportions throughout Buffalo, Force that works with the Buffalo Police Department,
with little or no strategy devised to tackle this insidious private citizens, not-for-profits, church groups, block
urban malady; and, clubs and all interested parties to develop an effective
WHEREAS: Violations of law pertaining to quality of life ongoing strategy to combat quality of life crime.
runs the gamut from excessive noise, litter, graffiti, BE IT FINALLY RESOLVED:
public urination, illegal use of motorized scooters and That the Common Council invites the police and public
all-terrain vehicles, "straight pipe" motorcycles, to appear before the Common Council at a public
"souped-up" car and SUV stereo sound systems, hearing to address issues addressed in this resolution
blaring car horns at all hours of the day and night used as they relate to quality of life crimes.
ST
to summon someone from a property, and many other ADOPT 1 RESOLVE THE REMAINDER REFERRED
infractions; and, TO THE COMMITTEE ON LEGISLATION, THE
WHEREAS: According to official police reports COMMISSIONER OF POLICE AND THE
submitted to the Common Council, very few CORPORATION COUNSEL
summonses were issued in regard to noise ordinance
violations or illegal dumping; in fact the number of noise NO. 151
ordinance citations and adjudications dropped from 12 BY: MR. FRANCZYK
in April 2004 to 10 in April 2005. In May 2004 there RE: HIKE FINES FOR "QUALITY OF LIFE"
were 36 noise ordinance citations, while in May 2005 VIOLATIONS
the number dropped to 22, less than one citation a day. WHEREAS: So-called "quality of life" crimes or
In May 2004 there were a total of seven citations for violations appear to be on the rise in the City of Buffalo,
illegal dumping, with zero citations issued in May 2005; with perpetrators engaging in illegal and anti-social
and, behavior with near impunity; and,
WHEREAS: As for noise violations, numerous sports WHEREAS: Although the police need to be focused on
utility vehicles, (SUVs), vans, trucks, humvees and cars serious crime, such as homicide, assault and burglary,
regularly criss-cross the city, at all hours of the day and they cannot ignore the corrosive effects of unchecked
night, broadcasting through amplified stereo or "sound quality of life violations on Buffalo's neighborhoods;
systems" a continuous stream of pounding, thumping, and,
blaring electronic noise barely audible as "music;" and, WHEREAS: Individuals violating the panoply of
WHEREAS: This obnoxious form of noise pollution," is ordinances dealing with loud noise, littering, graffiti,
not only a violation of city law, rarely enforced, but public urination, etc. should be aggressively fined, or
causes great stress, high blood pressure, sleep loss, arrested, if applicable;
hearing loss, lost productivity, and general reduction in NOW THEREFORE BE IT RESOLVED:
the quality of life and human need for tranquility; and, That the Corporation Counsel work with the Common
WHEREAS: All law-abiding citizens are subject to this Council to prepare an ordinance amendment upgrading
the First Excessive Noise Violation from a Class D fine CITY CLERK’S OFFICE
of $75.00 to a Class E fine of $105.00 and a Class E Section 2. The Commissioner of the New York State
fine for Second Excessive Noise Violation to a Class F Department of Economic Development is hereby
fine from $105.00 to $150.00 and a Third and requested to revise the boundaries of the Empire Zone
Subsequent Excessive Noise Violation from a Class F in accordance with this Local law.
Violation of $150.00 to a Class F Violation at $200.00; Section 3. Insofar as the provisions of this Local Law
and, are inconsistent with the provisions of any other local
BE IT FURTHER RESOLVED: law or act, the provisions of this local law shall be
That the Class D fine of $75.00 for Littering, Chapter controlling.
413 Section 4, be increased to a Class E Violation for a Section 4. This local law shall take effect immediately
fine of $105.00. upon filing in the office of the Secretary of State as
provided by Section 27 of the Municipal Home Rule
REFERRED TO THE COMMITTEE ON Law.
LEGISLATIONAND THE CORPORATION COUNSEL IT IS HEREBY CERTIFIED, pursuant to Section 20 of
the Municipal Home Rule Law that the immediate
NO. 152 passage of this Local Law is necessary.
BY: MR. FRANCZYK APPROVED AS TO FORM
SUPPORT OPRHP GRANT FOR VALLEY Corporation Counsel
COMMUNITY ASSOC. Matter in brackets to be deleted, matter underlined is
WHEREAS: The Valley Conformity Association, Inc., New.
located at 93 Leddy Street, is applying to the New York PASSED
State Office of Parks, Recreation and Historic AYES - 8 NOES - 0
Preservation (OPRHP) for a grant under the
Environmental Protection Fund for a park project to be NO. 154
located along the Buffalo River at 215 through 249 Ohio BY: MR. GOLOMBEK
Street; and, NYS EMPIRE ZONE - REVISION TO BOUNDARY
WHEREAS: The owner of the privately owned parcel at DESCRIPTION
215-249 Ohio would make the property available to the WHEREAS, the New York State Economic
Valley Community Association should the OPRHP grant Development Zone (Economic Development Zone)
be approved; and, program was created in 1987, to encourage business
WHEREAS: The Valley Community Association has a development in designated areas by offering targeted
proven track record in creating and managing riverfront incentives and benefits to new and expanding
greenspace access as evidenced by its development of businesses in New York State; and
the property along the Buffalo River just south of the WHEREAS, Local Law No. 5 (1994), adding §281 of
community center; and, J article 14 of the chapter of the City of Buffalo in relation
WHEREAS: As a requirement under the grant to establishing an economic development zone, was
application, the applying not-for-profit agency must signed by Anthony M. Masiello, Mayor of the City Of
obtain the "approval/endorsement of the governing Buffalo; and
body of the municipality in which the project will be WHEREAS, on July 27, 1994, the City of Buffalo was
located;" awarded a New York State Economic Development
NOW THEREFORE BE IT RESOLVED: Zone #38 designation; and
That the Common Council does hereby approve and WHEREAS, on May 15, 2000, the program, New York
endorse the application of the Valley Community State amended the program benefits under the
Association, Inc. for a grant under the New York State "EMPIRE Zones Program Act" to entitle business
Environmental Protection Fund for a park project to be enterprises a credit for eligible real property taxes and a
owned and maintained by the Valley Community tax reduction credit against their business and personal
Association, Inc. known as Buffalo River Park at 215-income taxes; and
249 Ohio Street. WHEREAS, January 9, 2002 The City of Buffalo was
PASSED awarded a SECOND New York State Economic
AYES - 8 NOES - 0 Development Zone #74, now known as Empire Zone;
and
NO. 153 WHEREAS, companies that move to or expand in
BY: MR. GOLOMBEK Empire Zones are eligible for wage and investment tax
A LOCAL LAW credits, sales tax refunds, real property tax credits, and
CITY OF BUFFALO utility discounts; and
LOCAL LAW NO. (2005) INTRODUCTORY NO. 6 WHEREAS, the Buffalo Economic Renaissance
(2005) Corporation (BERC) is the designated City agency,
AMENDING ARTICLE SIX OF THE CHARTER OF responsible for the overall supervision of the City of
THE CITY OF BUFFALO IN RELATION TO THE Buffalo's EMPIRE ZONE operations; and
PROPERTIES LOCATED IN THE EMPIRE ZONES. WHEREAS, there are various grants and programs
BE IT ENACTGED BY THE COMMON COUNCIL OF administered by the City of Buffalo departments, and
THE CITY OF BUFFALO AS FOLLOWS: although the monetary amounts are small in
Section 1. That Section 6-14(3), Empire Zones, of the comparison to the benefits of the Empire Zone
Charter of the City of Buffalo be amended to read as designation, all require grant recipients to be current in
follows: all City of Buffalo property taxes relating to operating a
ZONE 74 business in the City of Buffalo; and
The boundaries of Zone 74 shall be defined as those WHEREAS, the boundaries of the Empire Zone are
parcels in the City of Buffalo described by the SBL cohesive with the strategic areas set by the City of
numbers and addresses listed below: Buffalo's Comprehensive Plan, as authored by the City'
INFORMATION AVAILABLE FOR REVIEW IN THE Office of Strategic Planning;
NOW, THEREFORE, be it resolved: We recommend that the compensation for said position
That the City of Buffalo requests a boundary revision for be fixed at the respective amount set forth in the
its second designated Empire Zone from the New York foregoing ordinance.
State Department of Economic Development to add a APPROVED AS TO FORM Corporation Counsel
total of 14.95 acres of land to the Empire Zone. (See 06/22/05
attached map.) PASSED
That, if the boundary revision is approved by the New AYES – 8 NOES - 0
York State Department of
Economic Development, that Article 6, §6-14 of the NO. 156
Charter of the City of Buffalo be BY: MR. THOMPSON
(author's signature) APPOINTMENT SENIOR LEGISLATIVE ASSISTANT
PASSED Mark J. Boyd is a graduate of University of Buffalo with
AYES - 8 NOES - 0 a Bachelors of Arts Degree in Urban Planning and a
Minor in African American Studies. He is a graduate of
NO. 155 City Honors School; and
BY: MS. RUSSELL Mr. Boyd is qualified for the position of Senior
BUDGET AND PERSONNEL AMENDMENT 20 - Legislative Assistant to the Masten District Council
DEPARTMENT OF POLICE Office; and
VARIOUS DIVISIONS Mr. Boyd is currently a Legislative Assistant in the
The Common Council of the City Of Buffalo does ordain Masten District Council Office, and previously served as
as follows: an intern and volunteer;
That part of Section 1 of Chapter 35 of the Code of the Now, Therefore, Be It Resolved:
City of Buffalo, relating to 20 - Department of Police, That Mark .1. Boyd is appointed a Senior Legislative
Various Divisions which currently read: Assistant to the Masten District Council Office.
ADOPTED
12003001- 411001
539 Police Officer NO. 157
$ 37,684,873.00 BY: MR. THOMPSON
$ 44,229 - $ 57,978 APPOINTMENT LEGISLATIVE ASSISTANT
12021001 – 411001 Joel Feroleto is a graduate of Canisius College with a
21 Public Safety Dispatcher Bachelors of Arts Degree in Communications Studies.
$ 3,600,713.00 He is a graduate of St. Joseph Collegiate Institute; and
$ 28,164 - $ 31,989 Mr. Feroleto is qualified for the position of Legislative
12022001 - 411001 Assistant to the Masten District Council Office; and
1 Motorcycle Mechanic Whereas: Mr. Feroleto is a former college intern in the
$ 535,246.00 Masten District Council Office;
$28,179-$ 31,838 Now, Therefore, Be It Resolved:
12023001 - 411001 That Joel Feroleto is appointed a Legislative Assistant
11 Laborer I to the Masten District Council Office.
$ 300,065.00 Antoine M. Thompson
$ 22,383 - $ 25,432 ADOPTED
Is hereby amended to read:
NO. 158
12003001- 411001 BY: MR. THOMPSON
544 Police Officer LITERACY - A #1 PRIORITY FOR BUFFALO PUBLIC
$ 37,798,471.00 SCHOOLS
$ 44,229 - $ 57,978 Whereas: One in five residents of Erie county is
functionally illiterate; and
12021001 - 411001 Whereas: 84% of unemployed fathers and 82% of
19 Public Safety Dispatcher unemployed mothers lack a high school diploma; and
$ 3,544,385.00 Whereas: 76% of adults on public assistance are
$ 28,164 - $ 31,989 illiterate or unable to read more than the simplest of
texts and therefore, those recipients with the lowest
12022001 - 411001 educational skills stay on welfare the longest; and
0 Motorcycle Mechanic Whereas: Between 41%-44% of adults with the lowest
$503,408.00 literacy skills live at Federal poverty levels which
$ 28,179- $ 31,838 correlates the direct linkage between poverty and
illiteracy; and
12023001 - 411001
10 Laborer I Whereas: On a national level, for every $1 spent by
$ 274,633.00 Literacy Volunteers to tutor adults, $33 in economic
$ 22,383 - $ 25,432 benefit is returned to the overall economy according to
1T IS HEREBY CERTIFIED, pursuant to Section 3-19 an Economic Impact Analysis conducted in 1999 by AT
of the Charter, that the immediate passage of the Kearney; and
foregoing ordinance is necessary. Whereas: If community organizations joined educators
We, ROCCO J. DIINA, COMMISSIONER OF POLICE in an initiative to improve literacy among Buffalo
AND MICHAEL A. SEAMAN DIRECTOR OF children and adults, it will certainly improve the
BUDGET, hereby certify that the above change is economic base for the City of Buffalo.
necessary for the proper conduct, administration and Now, Therefore, Be It Resolved That:
performance of essential services of that department. This Common Council requests that the Buffalo Board
of Education make literacy a #1 priority for the 2005-programs for children; and
2006 school year and submit to this Council a list of all Whereas: Currently, there are 9,000,000 children
literacy programs and initiatives for students and adults under the age of 19 that are uninsured One out of every
that are currently offered by the Board of Education; 8 children are uninsured while 1 in 5 Hispanic children
and and 1 in 7 African American children are uninsured.
Be It Further Resolved That: Three-quarters, approximately 6,800,000, of these
The Office of Strategic Planning establish an initiative children are eligible but not enrolled in the Medicaid
which would empower and encourage all Block Grant program or the State children's health insurance
Fund recipients to adhere to a literacy component as a program (SCHIP). Long-range studies found that 1 in 3
requirement to receiving funds; and children went without health insurance for all or part of
Be It Finally Resolved That: 2002 and 2003; and
This resolution be forwarded to the appropriate Council Whereas: Low-income children are 3 times as likely as
Committee for further discussion and review. children in higher income families to be uninsured. It is
REFERRED TO THE COMMITTEE ON EDUCATION, estimated that 65 percent of uninsured children have at
THE~OARD OF EDUCATION AND THE OFFICE OF least 1 parent working full time over the course of the
STRATEGIC PLANNING year; and
Whereas: It is estimated that 50 percent of all legal
NO. 159 immigrant children in families with income that is less
BY: MR. THOMPSON MRS RUSSELL AND MR than 200 percent of the Federal poverty line are
FONTANA uninsured. In States without programs to cover
REQUEST FOR AN ALTERNATIVE HIGH SCHOOL immigrant children, 57 percent of non-citizen children
PROGRAM are uninsured; and
Whereas: Several years ago, the Buffalo Board of Whereas: Children in the Southern and Western
Education eliminated the Buffalo Alternative High parts of the United States were nearly 1.7 times more
School as a site for students who were having extreme likely to be uninsured than children in the Northeast. In
difficulty with the traditional school environment; and the Northeast, 9.4 percent of children are uninsured
Whereas: The Board of Education currently provides while in the Midwest, 8.3 percent are uninsured. The
three Opportunity Programs for students in Grades 7 South's rate of uninsured children is 14.3 percent while
through 12 which temporarily removes the students the West has an uninsured rate of 13 percent; and
from their home schools for violation(s) to the Buffalo Whereas: Children's health care needs are
Public School's Code of Conduct while continuing to neglected in the United States. One-quarter of young
provide academic programming along with the children in the United States are not fully up to date on
appropriate support services; and their basic immunizations. One-third of children with
Whereas: There has been an increase in the chronic asthma do not get a prescription for the
occurrence of acts of violence committed by students necessary medications to manage the disease; and
towards other students as well as staff, and the Board Whereas: According to the Centers for Disease Control
of Education has made a decision to assign students and Prevention, nearly 1/2 of all uninsured children
who are involved in a violent act, as defined by law, to have not had a well-child visit in the past year. One out
the Opportunity Center or to a home instruction of every 5 children has problems accessing needed
program; and care, and 1 out of every 4 children do not receive
Whereas: Students who have directed violent acts annual dental exams. One in 6 uninsured children had
towards their peers and/or teachers, who are a delayed or unmet medical need in the past year.
chronically disruptive or may be returning from an Minority children are less likely to receive proven
incarceration, may be in need of a more restrictive treatments such as prescription medications to treat
learning environment than what is currently offered by chronic disease; and
the Buffalo Board of Education. Whereas: There are 7,600,000 young adults
Now, Therefore, Be It Resolved That: between the ages of 19 and 20. In the United States,
The Common Council of the City of Buffalo hereby goes approximately 28 percent, or 2,100,000 individuals, of
on record in support of the reinstatement of an this group are uninsured; and
Alternative High School in the City of Buffalo to provide Whereas: Chronic illness and disability among
an appropriate learning environment for those students children are on the rise. Children most at risk for
identified in need of such program; and chronic illness and disability are children who are most
Now, Therefore, Be It Further Resolved That: likely to be poor and uninsured; and
This Honorable Body does hereby request that the Whereas: The Medicaid program and SCHIP serve as
Buffalo Board of Education reinstate the Alternative a crucial health safety net for 30,000,000 children.
High School; and During the recent economic downturn and the highest
Now, Therefore, Be It Finally Resolved That: number of uninsured individuals ever recorded in the
This item is referred to the appropriate committee of the United States, the Medicaid program and SCHIP offset
Common Council for further consideration. losses in employer-sponsored coverage. While the
stND
ADOPT 1 AND 2 RESOLVE THE REMAINDER number of children living in low-income families
REFERRED TO EDUCTION AND THE BOARD OF increased by 2,000,000 between 2000 and 2003, the
EDUCATION number of uninsured children fell due to the Medicaid
program and SCHIP.
NO. 160 Whereas: In 2003, 25,000,000 children were enrolled
SPONSOR: MR. THOMPSON in the Medicaid program, accounting for 1/2 of all
REQUEST FOR SUPPORT OF "KIDS COME FIRST enrollees and only 19 percent of total program costs;
ACT 2005" S.114 and
Whereas: United States Senator has sponsored a Whereas: The Medicaid program and SCHIP do more
bill entitled the "Kids Come First Act 2005" which than just fill in the gaps. Gains in public coverage have
advocates for increased funding for health insurance reduced the percentage of low-income uninsured by
one-third from 1997 to 2003. In addition, a recent study whole; and
found that publicly-insured children are more likely to
obtain medical care, preventive care and dental care Whereas: Congress continues to cut state aid for
than similar low-income privately-insured children; and Medicaid as well as other critical federal programs,
Whereas: Publicly funded programs such as the deep cuts to Social Security's guaranteed benefits and
Medicaid program and SCHIP actually improve massive new government spending will result in
children's health. Children who are currently insured by additional unfounded mandates on localities; and
public programs are in better health than they were a Whereas: The City of Buffalo strongly endorses this
year ago. Expansion of coverage for children and effort and joins with other federal, state, and local
pregnant women under the Medicaid program and leaders in opposition to privatizing Social Security;
SCHIP reduces rates of avoidable hospitalizations by Now Therefore Be It Resolved: That the Buffalo
22 percent; and Common Council does hereby support the efforts of
Whereas: Studies have found that children enrolled Americans United to Protect Social Security; and
in public insurance programs experienced a 68 percent Be It Finally Resolved: That certified copies of
improvement in school performance measures; and this resolution be forwarded to
Whereas: Despite the success of expansions in President George W. Bush, and United States Senators
general under the Medicaid program and SCHIP, due to Hillary Rodham Clinton and Charles Schumer
current budget constraints, many States have stopped ADOPTED
doing aggressive outreach and have raised premiums
and cost-sharing requirements on families under these NO. 162
programs. In addition, 8 States stopped enrollment in BY: ANTOINE M. THOMPSON
SCHIP for a period of time between April 2003 and July FELICITATIONS IN MEMORIAM
2004. As a result, SCHIP enrollment fell by 200,000 Felicitation for Jazetta Canedy Kemp
children for the first time in the program's history; and By Councilmember Davis, Gerald Chwalinski
Whereas: It is estimated that nearly 50 percent of ADOPTED
children covered through SCHIP do not remain in the
program due to enrollment barriers. A recent study NO. 163
found that between 10 and 40 percent of these children APPOINTMENTS COMMISSIONER OF DEEDS
are 'lost' in the system. Difficult renewal policies and That the following persons are hereby appointed as
reenrollment barriers make seamless coverage in Commissioner of Deeds for the term ending December
SCHIP unattainable. Studies indicate that as many as 31, 2006, conditional, upon the person so appointed
67 percent of children who were eligible but not enrolled certifying under oath to their qualifications and filing
for SCH1P had applied for coverage but were denied same with the City Clerk:
due to procedural issues; and Darlene White
Whereas: While the Medicaid program and SCHIP Christina Vanghle
expansions to date have done much to offset what Thomas Mullen
otherwise would have been a significant loss of Kimberly Ramsay
coverage among children because of declining access James Turner
to employer coverage, the shortcomings of previous Phillip Mullen
expansions, such as the failure to enroll all eligible Matthew Pelkey
children and caps on enrollment in SCHIP because of Kellen Coppola
under-funding, also are clear; and Total 8
Whereas: The magnitude of this situation affects ADOPTED
children in the City of Buffalo and all parts of the United
States; NO. 164
Now Therefore Be It Resolved: That the Buffalo BY: ANTOINE M. THOMPSON
Common Council does hereby memorializes the United APPOINTMENTS
States Senate S-114 sponsored by United States COMMISSIONERS OF DEEDS
Senator John Kerry to expand health care coverage for REQUIRED FOR THE PROPER
children in families living below the poverty line; and PERFORMANCE OF PUBLIC DUTIES
Be It Finally Resolved: That certified copies of this That the following persons are hereby appointed as
resolution be forwarded to the Clerk of United States's Commissioner of Deeds for The term ending December
Senate, and United States Senators Hillary Rodham 31, 2006, conditional upon the persons so appointed
Clinton and Charles Schumer. certifying under oath to their qualifications and filing
ADOPTED same with the City of Buffalo
RESOLUTION
NO. 161 Joel Feroleto
BY: MR. THOMPSON Total 1
REQUEST TO SUPPORT THE SOCIAL SECURITY ADOPTED
PROGRAM
Whereas: The Americans United to Protect Social NO. 165
Security is a bipartisan non-profit organization opposing BY:MR. THOMPSON
attempts to privatize social security; and ANNOUNCEMENT OF COMMITTEE MEETINGS
Whereas: The Congressional Budget Office reports The following meetings are scheduled. All meetings are
th
that privatization of Social Security would require cuts in
held in the Common Council Chambers, 13floor City
guaranteed benefits and trillions of dollars in additional
Hall, Buffalo, New York, unless otherwise noted.
national debt; and
Recess
Whereas: Privatization would result in slashing
Council has Recessed until 11:30 a.m. tomorrow in
guaranteed benefits for retirees and have a direct and
Chambers to discuss items 29 & 29A on the East Side
harmful impact on families and on communities as a
Transfer Station. Preliminary meeting will be held in
Room 1417 City Hall at 10:30 a.m. Modern Landfill
Regular Committees 138,000 tons @ $41.59 ($40.50 + $1.09 fuel
Committee on Civil Service Tuesday, July 5, 2005 at adjustment) =
9:30 o'clock A.M. 75,000 tons @ $3.00 (payment from Modern to City for
Committee on Finance following Civil Service non-City waste) =
Committee on Legislation Net Cost: $5,739,420 - $225,000 = $5,514,420/year
Committee on Comm. Dev. The Modem proposal also includes several other
Tuesday, July 5, 2005 at 10:00 o'clock A.M. incentives.
Tuesday, July 5, 2005 at 2:00 o'clock P.M. TransRiver Marketing
Wednesday, July 6, 2005 at 10:30 o'clock A.M. 138,000 tons @ $49.70 (fuel surcharge does not kick-in
Special Committees until prices reach $2.50) = $6,858,600
Special Comm. on Education Wednesday, June 29, No payment to City proposed for non-City waste.
2005 at 2:00 o'clock P.M. in the Council Chambers Net Cost: $6,858,600/year
MBEC Monday, July 11, 2005 at 10:00 o'clock A.M. The proposals were reviewed and rated by this
in department and our consultants Malcolm Pimie. The
room 1417 City Hall Modem proposal was rated superior. I, therefore,
(Public Disclaimer): All meetings are subject to change request authorization to enter into a contract with
and cancellation by the respective Chairmen of Council Modem Landfill for the operation of the East Side
Committees. In the event that there is sufficient Transfer Station, and the transfer and disposal of solid
time given for notification, it will be provided. In addition, waste, with the following business items:
there may be meetings set up whereby the City Clerk's 1. Base cost per ton delivered to ESTS: $40.50
Office is not made aware; therefore, unless we receive 2. Fuel surcharge as per attachment.
notice from the respective Chairmen, we can only make A $3.00 per ton credit for the first 75,000 tons of non-
notification of what we are made aware. City waste brought to the ESTS, and a $1.00 per ton
credit for all non-City waste exceeding 75,000 tons.
RECESS Modem will guarantee a minimum credit to the City of
On a motion by Mr. Coppola, Seconded by Mr. Fontana $225,000 per year.
the Council recessed until 3:39 pm The proposal calls for a five-year contract with a five-
GERALD A CHWALINSK year renewal option. Should the City decide to extend
CITY CLERK the contract prior to the end of the original term, Modem
will credit the City $75,000 for each year of early
THURSDAY JUNE 29, 2005 renewal. For example, if the City exercises the option to
At 11:55 am , the Common Council extend the contract in year three, Modem will credit the
reconvened with the following members present: City $75,000 at the end of years four and five. If the City
Councilmembers Bonifacio, Conrad, Coppola, Fontana, were to issue a ten-year contract now, Modem will
Franczyk, Golombek, Russell, Thompson - 8. credit the City $75,000 at the end of each of the first
Absent: Davis 1. seven contact years, for a total credit of $525,000 the
Seconded by Mr. Golombek life of the contract. I respectfully recommend that the
Carried Council authorize a ten-year contract.
Modem will charge the City $19.00 per ton for all
NO. 33 acceptable and approved construction and demolition
PROPOSALS FOR SOLID WASTE DISPOSAL waste from City contracted demolitions. The City may
SERVICES avail itself of this offer at any time without any exclusive
In full accordance with Section 120-w of the New York rights on Modem's part. :
State General Municipal Law, the Department of Public Mr. Coppola moved:
Works, Parks and Streets received proposals for the That the above communication from the Department of
disposal of solid waste delivered to the East Side Public Works, Parks &
Transfer Station (ESTS). Streets dated June 21, 2005 be received and filed; and
Proposals were received from Modern Landfill, Inc., That modern Landfill will provide a 75,000 incentive for
4746 Model City Road, Model City, NY 14107, and from 7 years to the City for A 10 year contract
TransRiver Marketing Company, L.P., 155 Chestnut That the Commissioner of Public Works, Parks &
Ridge Rd., Montvale, N.J. 07645. Both companies Streets be, and he hereby is
proposed to operate the ESTS in accordance with the authorized to award Modem Landfill, Inc., for the
rules and regulations outlined in our request for disposal of solid waste delivered to the
proposals. Under the Modern Proposal, waste would be East Side Transfer Station at a Net Cost: $5,739,420-
disposed of at their landfill in Model City, Niagara $225,000 = $5,414,420/year.
County, New York. TransRiver would dispose of waste PASSED
at their Niagara Resource Recovery Facility, Niagara AYES – BONIFACIO, CONRAD, COPPOLA,
Falls, New York. Base cost of disposal under the FRANCZYK, GOLOMBEK, RUSSELL, THOMPSON -7
Modem proposal is $40.50 per ton, and the base cost NOES – FONTANA - 1
for disposal under the TransRiver proposal is $49.70
per ton. Both proposals include a surcharge as diesel NO. 34
fuel prices escalate. REQUEST PERMISSION TO PURCHASE VEHICLES
Utilizing all of the incentives in each proposal, and EAST SIDE TRANSFER STATION
assuming a fuel cost of $2.11 per ton (current cost), we Our department is requesting permission to buy (2) new
offer the following comparison: Ford F350 4x4 Pick Up Trucks with Plows. These
Total City waste to be transferred and disposed: trucks will be purchased off of City Contract #7214 with
138,300 tons DeLacy Ford.
Total non-City waste transferred through the ESTS: Funds available for this purpose are available in our
75,000 tons Capital Project Account #38300106.
Mr. Coppola moved:
That the above communication from the Commissioner
of Public Works, Parks and Streets dated June 27,
2005, be received and filed; and
That the Commissioner of Public Works, Parks and
Streets, be, and he hereby is authorized to purchase
from DeLacy Ford two (2) new Ford F350 4x4 Pick Up
Trucks with Plows, Contract #7214. Funds for the
project are available in Capital Project
Account# 38300106 and upon delivery thereof the
transfer of two other vehicles to the Purchase Division
for auction and or disposal
PASSED
AYES - 8 NOES - 0
No. 167
On a motion by Mr. Coppola, Seconded by Mrs.
Russell, the Council adjourned at 12:10 pm
GERALD CHWAL1NSKI
CITY CLERK
BOARD OF POLICE AND FIRE PENSION
PROCEEDINGS
#6 OFFICE OF THE MAYOR-2OL CITY HALL JUNE
23, 2005
Present:; Anthony M. Masiello, Mayor; David A.
Franczyk, Council President-Darby Fishkin, Deputy
Comptroller-3 Absent: Michael B. Risman-1.
The Journal of the last meeting was approved.
NO. I
I transmit herewith the Pension Payroll for the Fire
Pension Fund for the month of June 2005 amounting to
$6,046.24 and request that checks be drawn to the
order of the persons named herein for the amounts
stated. Adopted Ayes-3. Noes-0.
NO. 2
The following annuitants were cancelled from the Fire
Pension Payroll:
Rita McCulle Died May 6, 2005
Mary Kubiak Died June 14, 2005
Received and Filed.
NO. 3
I transmit herewith the Pension Payroll for the Police
Pension Fund for the month of June 2005 amounting to
$6,565.00 and request that checks be drawn to the
order of the persons named herein for the amounts
stated.
Adopted.
Ayes-3. Noes-0.
NO, 4
On motion by Mr. Franczyk, the City of Buffalo Police
and Fire Pension Board Meeting adjourned at 11:10
a.m.