HomeMy WebLinkAbout05-0614
No.12
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
JUNE 14, 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 RECEIVED AND FILED
CITY HALL - BUFFALO
TUESDAY, JUNE 14, 2005 NO. 3
AT 2:00 P.M. A. Michaelidis
427 Delaware Ave.
PRESENT – David A. Franczyk, President of the Sidewalk Cafe
Council, and Council Members Bonifacio, Conrad, Item No. 81, C.C.P. 5/31/2005
Coppola, Davis, Fontana, Golombek AND Russell The City Planning Board at its regular meeting held
–8 Tuesday, May 24, 2005, considered the matter
ABSENT – Thompson – 1 captioned above pursuant to Section 413-59 of the
Buffalo Code, Sidewalk Cafes.
On a motion by Mr. Coppola seconded
The applicant seeks to encroach the right-of-way with a
6'x25', sidewalk cafe at 427 Delaware Avenue. Under
by Mr.Fontana, the minutes of the stated meeting
SEQR the proposed sidewalk cafe is considered an
held on May 31, 2005 were approved
unlisted action which may be studied through
FROM THE MAYOR
uncoordinated review.
The Planning Board voted to recommend approval of
No. 1
the sidewalk cafe with the following conditions:
Re-appointment of Members to the
I. No outside music;
Zoning Board of Appeals 2. No outside trash receptacles;
Pursuant to the powers vested in me by Chapter 511, 3. Closing of the sidewalk cafe at ii p.m. on weekends.
Section 121, Article XXIV of Part II of the Code of the on weeknights and 12 a.m.
City of Buffalo, I hereby re-appoint the following RECEIVED AND FILED
individuals as members of the Zoning Board of
Appeals. Their terms will expire March 11, 2008. NO. 4
Anthony N. Diina 193 Huntington Avenue Buffalo G. Gordon
14214 2265 Delaware Ave.
William J. Collins, Jr. 343 Newburgh Avenue Buffalo Sidewalk Cafe
14215 Item No. 80, C.C.P. 5/31/2005
Warren F. Glover 17 Newport Avenue Buffalo 14216 The City Planning Board at its regular meeting held
I hereby certify that the above named individuals are Tuesday, June 7, 2005, considered the matter
fully qualified to serve as members of the Zoning Board captioned above pursuant to Section 413-59 of the
of Appeals. Buffalo Code, Sidewalk Cafes.
REFERRED TO THE COMMITTEE ON LEGISLATION The applicant seeks to encroach the right-of-way with a
AND THE DIVISION OF COLLECTIONS 9'3"x35', sidewalk cafe on the Tioga Street side of the
building at 2265 Delaware Avenue. Under SEQR the
FROM THE MAYOR - EXECUTIVE DEPARTMENT proposed sidewalk cafe is considered an unlisted action
FROM THE OFFICE OF CITIZEN SERVICES which may be studied through uncoordinated review.
FROM THE CITY PLANNING BOARD The Planning Board voted to recommend approval of
the sidewalk cafe with the following conditions:
NO. 2 I. No outside music;
S. Doctor 2. No outside trash receptacles;
830 Abbott Road 3. Closing of the sidewalk cafe at 11 p.m. on
Sidewalk cafe weeknights and 12 a.m. on weekends.
Item No. 79, C.C.P. 5/31/2005 RECEIVED AND FILED
The City Planning Board at its regular meeting held
Tuesday, June 7,2005, considered the matter captioned NO. 5
above pursuant to Section 413-59 and 511-68.3 of the K. Brinkworth
Buffalo Code, Sidewalk cafes and Abbott/McKinley 223 Allen St.
Special Zoning District, respectively. Sidewalk Cafe
The applicant seeks to encroach the right-of-way with a Item No. 77, C.C.P. 5/17/2005
7'X30' sidewalk cafe at 830 Abbott Road. Under SEQR The City Planning Board at its regular meeting held
the proposed sidewalk cafe is considered an unlisted Tuesday, May 24, 2005, considered the matter
action which may be studied through uncoordinated captioned above pursuant to Section 413-59 and 511-
review. 57 of the Buffalo Code, Sidewalk Cafes and Allen
Planning Board on June 18, 2004 voted to recommend Street District, respectively.
approval of the cafe with the following conditions: The applicant seeks to encroach the right-of-way with a
1. The dimensions of the cafe are to be 4.5'x25' as 40'x12', sidewalk café at 223 Allen Street. Under SEQR
previously requested and approved the proposed sidewalk cafe is considered an unlisted
2. Removal of the sidewalk cafe on the Woodside action which may be studied through uncoordinated
Street side prior to operation of the Abbott review.
Road side cafe. The Planning Board voted to recommend approval of
3. No outside music and trash receptacles. the sidewalk cafe with the following conditions:
4. Closing no later than ii:00 P.M. 1. The patio dimension is approved at 13'xi0'4";
5. At least 4 feet of on obstructed sidewalk is to remain 2. No outside music;
after the cafe is installed 3. No outside trash receptacles;
The Planning Board reiterated it previous approval with 4. Closing of the sidewalk caf6 at 12 a.m. on
the same conditions and recommends the weeknights and 1 a.m. on weekends.
Common council approve the encroachment and 5. Along with any additional conditions set with the
restricted use permit. Preservation Board's approval.
REFERRED TO THE COMMITTEE ON LEGISLATION Break Metal Cladding @ Stair #1 $8,993.00
Total Change Order No. 5 $8,993.00
FROM THE BOARD OF PARKING
Original Contract Amount $598,100.00
Net Previous Changes ($82,756.63)
Contract Sum Prior to this Change Order$515,343.37
NO. 6
Change Order No. 5 $8,993.00
Change Order No. 1
New Contract Amount $524,336.37
Addition to Adam Parking Ramp
GENERAL TRADES
Cannon Construction Service
Sicoli & Massaro - Contract No. 92010786
I hereby submit to your Honorable Body the following
Change Order No. 5
changes for the addition to the Robert B. Adam parking
Landing Opening Dimension $5,482.00
ramp.
Phone Allow Reconciliation $4,914.00
Construction Management Services
Tower 2, Ground Level Stair Railing $1,685.00
Cannon Construction Management - Contract No.
Head Condit. @ Bridge $6,160.00
92010627
Deck Repair @ Stair Tower $ 715.00
Change Order No. 1
Bulletin #4 Changes $15,514.00
Testing Inspection and
Deck Repair Due to Precast $ 550.00
Unused reimbursable (14,915.75)
Regrading of Sidewalks $10,661.00
Total Change Order No. 1. (14,915.75)
Premium Time for Sidewalks $1,980.00
Original Contract Amount 428,900.00
Exterior Storefront Head Condition $10,250.00
Net Previous Charges -0-
Stair #2, Ground Lvl Rework $1,083.50
Contract Prior to Change Order 428,900.00
Existing Stair(s) Remediation $29,925.00
Change Order No. 1 (14,915.75)
Total Change Order #5 $88,899.50
New Contract Amount $413,984.25
Original Contract Amount $1,554.000.00
Mr. Coppola moved:
Net Previous Changes $185,927.72
That the above communication from the Commissioner
Contract Sum Prior to this Change Order$1,739,927.72
of Public Works, Parks and Streets dated June 7, 2005,
Change order No. 5 $88,899.50
be received and filed; and
New Contract Amount $1,828,827.22
That the Commissioner of Public Works, Parks and
ELEVATORS
Streets be, and he hereby is authorized to issue change
ThyssenKrupp Elevator Corp - Contract No. 92101781
order No. 1, to Cannon Construction Management, a
Change Order No. 5
decrease in the amount of $14,915.75, as more fully
Cants for Elev Shft Window Frm Ledges $ 1,694.00
described in the above communication, for work relating
Change Order No. 5 $ 1,694.00
to Addition to Adam Parking Ramp, Contract No.
Original Contract Amount $ 427,300.00
92010627.
Net Previous Changes -0-
PASSED
Contract Sum Prior to this Change Order $ 427,300.00
AYES 8 – NOES – 0
Change Order No. 5 $ 1,694.00
New Contract Amount $ 428,994.00
NO. 7
CONSTRUCTION MAINTENANCE SERVICES
Change Order No. 5
Cannon Construction Manager -Contract No. 92010624
Augspurger Ramp Addition
Additional Testing & Inspection $27,562
I hereby submit to your Honorable Body the following
Total Change Order No. 5 $27,562
changes for the addition to the Augspurger parking
Original Contract Amount $729,000
ramp.
Net Previous Changes -0-
SUPERSTRUCTURE
Contract Prior to this Change Order $729,000
Louis P. Ciminelli Const. Co. Inc. - Contract No.
Change Order No. 5 $ 27,562
92010771
New Contract Amount $756,562
Change Order No. 5
These changes could not be foreseen at the time the
Allowance Recoup $(7183.00)
contracts were let. All costs have been reviewed by the
Total Change Order No. 5 $(7183.00)
architect and construction manager and found to be fair
Original Contract Amount $4,605,000.00
and equitable. These are the final, closeout change
Net Previous Changes $ 214.874.00
order. Funds are available in bond account 51019036
Contract Sum Prior to this Change Order$4,819,874.00
445100.
Change Order No. 45 $(7183.00)
Mr. Coppola moved:
New Contract Amount $4,812,691.00
That the above communication from the Commissioner
ELECTRICAL
of Public Works, Parks and Streets dated June 9, 2005,
Ferguson Electric Construction Co. - Contract No.
be received and filed; and
92010789
That the Commissioner of Public Works, Parks and
Change Order No. 5
Streets be, and he hereby is authorized to issue change
Compressor Hard Wiring $ 822.00
orders for work relating to Augspurger Ramp Addition,
Repair Damaged Conduit $ 3,797.00
change order No. 5, to Louis P. Ciminelli Const. Co.,
Allowance Recoup $(2,629.65)
Inc. - Contract No. 92010771, a decrease in the amount
Total Change Order No. 5 $1,989.35
of $7,183.00; change order No. 5, to Ferguson Electric
Original Contract Amount $453,800.00
Construction Co., - Contract No. 92010782, an increase
Net Previous Changes $149,530.74
in the amount of $1,989.35; change order No. 5, to Nep
Contract Sum Previous to this Change $603,330.74
Glass Co. Ltd. -Contract No. 92010784, an increase in
Change Order No. 5 $1,989.35
the amount of $8,993.00; change order No. 5, to Sicoli
New Contract Amount $605,320.09
& Massaro - Contract No. 92010786, an increase in the
GLAZING CONTRACT
amount of $88,899.50; change order No. 5, to
Nep Glass Co. Ltd - Contract No. 92010784
ThyssenKrupp Elevator Corp. - Contract No. 92010781,
Contract No. 5
an increase in the amount of $1,694.00; change order venture, partnership, corporation or other legal entity to
No. 5, to Cannon Construction Manager - Contract No. be formed as the qualified and eligible Redeveloper for
92010624, an increase in the amount of $27,562.00, as the subject parcel.
more fully described in the above communication. The Agency has also determined that the proposed
Funds for this project are available in bond account Land Disposition Agreement negotiated by the Agency
51019036 445100. and the Redeveloper is satisfactory.
PASSED Please be advised that in accordance with the
AYES – 8 NOES – 0 provisions of Article 15A of the General Municipal Law,
it is now necessary for your Honorable Body to set a
NO. 8 date for a public hearing, and to direct the publication of
Request for Proposals for a notice of said hearing. In the interest of time and
Parking Management Services anticipating that Your Honorable Body is willing to
The Board of Parking advertised for Proposals for expedite this matter, I have taken the liberty to prepare
Parking Management Services for the downtown a Resolution together with a Notice of Public Hearing
parking system and held a public bid opening on April for your action.
6, 2005 in 1801 City Hall. The Board received four (4) Forwarded separately are the following documents:
proposals: 1. Resolution setting Public Hearing
Buffalo Civic Auto Ramps 2. Notice of Public Hearing
Central Parking 3. Resolution approving proposed Land Disposition
Pro Park LLC Agreement
Standard Parking After the Public Hearing is held, Your Honorable Body
On receipt of the four proposals, the Parking Board may adopt a Resolution authorizing the disposition of
retained Freed Maxick and Battaglia, P.C. to perform an the land to the Redeveloper, which the Agency has
independent analysis of the four proposals. (Attachment designated as being qualified and eligible
A) COPY AVAILABLE IN THE CITY CLERKS OFFICE
After a careful review of the proposals, the Board of FOR REVIEW
Parking considered the proposal of Buffalo Civic Auto REFERRED TO THE COMMITTEE ON COMMUNITY
Ramps, Inc. (BCAR) as the proposal most beneficial to DEVELOPMENT
the City of Buffalo, as it maximizes revenue to the City
of Buffalo is a not-for-profit corporation, and has no NO. 10
rd
management fee to be paid by the City.
BURA 3Quarter Gap Sheet & Four Year Financial
BCAR's proposal raised no legal issues on the City's
Plan
bonding of past and future parking related projects and
Item No. 139, C.C.P. 05/31/05
in addition avoids any question on the imposition of
Attached, please fund a response to the June 1, 2003
New York State sales tax on parking fees.
request for information from the Committee for
(see Attachment B - Legal Opinion of the Law Dept.)
Community Development for Common council Item
In regard to the revenue projections and operating
rd
#139, CCP May 31,2005, "BURA 3Quarter Gap
expenses, the Board felt that BCAR's proposal was the
Sheet & Four Year Financial Plan."
most realistic and reasonable based upon historical
COPY AVAILABLE IN THE CITY CLERKS OFFICE
experience and objectives for the parking program.
FOR REVIEW
BCAR brings the depth of over fifty (50) years of
REFERRED TO THE COMMITTEE ON COMMUNITY
experience and success in management of the parking
DEVELOPMENT
system.
The Board deemed the other proposals to contain
NO. 11
certain unrealistic revenue projections and
Results of Negotiations
unsubstantiated operating expenses. As the Board of
400 Breckenridge, E Corner of Hoyt
Parking will maintain final approval of the BCAR budget
Vacant Lot: 34' x 64'
and will continue to monitor on a monthly basis the
Assessed Valuation: $2,900
operations of BCAR, it believes BCAR will be able to
The Office of Strategic Planning, Division of Real Estate
operate the ramps in accordance with their proposal.
has received a request to purchase 400 Breckenridge
The Board of Parking at its meeting of June 9, 2005
Street from Attorney Cheryl-Lane J. Bechakas,
unanimously recommends to your Honorable Body that
Chemical Bank Building, 69 Delaware Avenue, Suite
Buffalo Civic Auto Ramps Inc.'s proposal be accepted
1006, Buffalo, New York 14202. Attorney Bechakas is
subject to successful contract negotiations be
representing Mrs. Peggy Zoll, Power of Attorney for Mr.
completed.
Sean P. Zoll, the purchaser. Mr. Sean Zoll owns and
COPY AVAILABLE IN THE CITY CLERKS OFFICE
resides at 402 Breckenridge Street, which is adjacent to
FOR REVIEW
400 Breckenridge Street and intends to use this vacant
REFERRED TO THE COMMITTEE ON FINANCE AND
lot for additional yard space.
THE CORPORATION COUNSEL
The Division of Permit and Inspection Services and the
Division of Collections have no objections to the sale.
FROM THE OFFICE OF STRATEGIC PLANNING
There are no building code violations, taxes or other
liens owed to the City of Buffalo by the purchaser.
NO. 9
The Division of Real Estate has investigated the sale of
HealthNow
similar residential vacant lot properties in the subject
APPROVAL OF CONTRACT FOR
area. Sales prices range from sixty-five cents (.65) to
SALE OF LAND 43 Carolina, 257 W.
one dollar and fifty cents ($1.50) per square foot.
Genesee, 4 New Seventh, portion of Waterfront
The results of our negotiations are that Mr. Zoll is
School
prepared to pay one thousand five hundred dollars
The City of Buffalo Urban Renewal Agency duly
($1,500), which is sixty-six cents (.66) a square foot for
designated Duke HN New York, LLC and/or joint
the subject property. He has also agreed to pay for the that the Mayor be authorized to execute the same, in
cost of the transfer tax, recording fees and cost of the accordance with the terms of sale upon which the offer
legal description. was submitted.
I am recommending that Your Honorable Body approve PASSED
the sale of AYES – 8 NOES – 0
400 Breckenridge Street to Mr. Sean P. Zoll in the
amount of one thousand five hundred dollars ($1,500). I NO. 13
am further recommending that the Corporation Counsel Transfer of Title
prepare the necessary documents for the transfer of Urban Homestead Program
title and that the Mayor be authorized to execute the 453 Best Street
same. (City-Owned Vacant Lot, 30' x 96')
REFERRED TO THE COMMITTEE ON COMMUNITY (Ellicott District)
DEVELOPMENT The Office of Strategic Planning, Division of Real
Estate, has surveyed the City-owned vacant lot at 453
NO. 12 Best Street, Buffalo, New York, parcel is 30' x 96' in
Results of Negotiations Acquisition of dimension; and it has been determined this parcel is
1731 Seneca - Parking Lot 35 x 130 -Assessed inappropriate for either the construction of new housing
Value $5,200 or needed for public purpose.
1733 Seneca - Former Precinct -Lot Size: 65 x 130 -Mr. Henry C. Everett, Jr. owns and resides at 457 Best
Assessed Value $100,000 497 Southside - Street, Buffalo, New York 14211. Mr. Everett will clean,
Firehouse - Lot Size 133 x Irreg. - Assessed Value improve and maintain the lot at 453 Best Street in the
$257,800 South District event he obtains title to the property under the Urban
Item No. 112, CCP 11/16/2004
Homestead Program.
The Department of Permit and Inspection Services and
Body authorized the Office of Strategic Planning,
the Division of Collections have been contacted. There
Division of Real Estate, to negotiate for the acquisition
are no property code violations, taxes or other liens
of 1731 & 1733 Seneca and 497 Southside in
owed to the City of Buffalo by the homesteader.
conjunction with the Fire Department's reorganization.
We, therefore, recommend the City-owned vacant lot
The parcels are owned by WNY Realty Funding, Inc.
be designated as a Homestead Property and be
and a portion is being leased by the City of Buffalo Fire
transferred to Mr. Henry C. Everett, Jr. on the condition
Department. The property consists of the former
the property is cleaned and improved within six (6)
Precinct No. 9 and the current location of the Fire
months and maintained in a sanitary manner.
Department Engine No. 25. The parcel was acquired by
Mr. Coppola moved:
WNY Realty Funding, Inc. through a Public Auction
That the above communication from the Office of
held by the City of Buffalo in 1999 for $115,000.00. The
Strategic Planning dated June 8, 2005, be received and
property is being reacquired and renovated into a state
filed; and
of the art fire facility.
That the city-owned property commonly known as 453
The site at 1731 & 1733 Seneca and 497 Southside
Best Street, is hereby designated as Homestead
have been reviewed and recommended by MMA
Property, and that the Mayor be, and he hereby is
Consultants, Buffalo Fire Department, Department of
authorized to execute a deed transferring said property
Public Works and EMS Facilities Task Force.
to Mr. Henry C. Everett, Jr., residing at 457 Best Street,
The funds for the acquisition will come from Police and
for the amount of One Dollar ($1.00) and no more, and
Fire Re-Engineering Account.
all costs of transfer, on the condition the property is
G.A.R. Appraisal and Consultants was commissioned
cleaned and improved within six (6) months and
to appraise 1731 & 1733 Seneca and 497 Southside for
maintained in a sanitary manner.
their fair market value. They have estimated the value
PASSED
to be One Hundred Fifty-Five Thousand Dollars
AYES – 8 NOES – 0
($155,000.00). The Appraisal Review Board has
reviewed the appraisal submitted by G.A.R. Appraisal
NO. 14
and Consultants and recommends the purchase price
Transfer of Title
of One Hundred Fifty-Five Thousand Dollars
Urban Homestead Program
($155,000.00).
24 Marigold Street
I am requesting that Your Honorable Body approve the
(City-Owned Vacant Lot, 30' x 121')
acquisition of 1731 & 1733 Seneca and 497 Southside
(Masten District)
from WNY Realty Funding, Inc. in the amount of One
The Office of Strategic Planning, Division of Real
Hundred Fifty-Five Thousand Dollars ($155,000.00),
Estate, has surveyed the City-owned vacant lot at 24
plus closing costs. I am further recommending that the
Marigold Street, Buffalo, New York, parcel is 30' x 121'
Corporation Counsel prepare the necessary documents
in dimension; and it has been determined this parcel is
for the acquisition of title and that the Mayor be
inappropriate for either the construction of new housing
authorized to execute the same.
or needed for public purpose.
Mr. Coppola moved:
Mrs. Glady H. Chestnut owns and resides at 26
That the above communication from the Office of
Marigold Street, Buffalo, New York 14215. Mrs.
Strategic Planning, Division of Real Estate, dated June
Chestnut will clean, improve and maintain the lot at 24
9, 2005, be received and filed; and
Marigold Street in the event she obtains title to the
That the Director of Real Estate acquire 1731 & 1733
property under the Urban Homestead Program.
Seneca and 497 Southside from WNY Realty Funding,
The Department of Permit and Inspection Services and
Inc., in the sum of one hundred and fifty-five thousand
the Division of Collections have been contacted. There
dollars ($155,000.00), plus closing costs, be and
are no property code violations, taxes or other liens
hereby is accepted; and
owed to the City of Buffalo by the homesteader.
That the Corporation Counsel be authorized to prepare
We, therefore, recommend the City-owned vacant lot
the necessary documents for the acquisition of title and
The Office of Strategic Planning, Division of Real
Estate, has surveyed the City-owned vacant lot at 104
be designated as a Homestead Property and be
Timon Street, Buffalo, New York, parcel is 30' x 137' in
transferred to Mrs. Chestnut on the condition the
dimension; and it has been determined this parcel is
property is cleaned and improved within six (6) months
inappropriate for either the construction of new housing
and maintained in a sanitary manner.
or needed for public purpose.
Mr. Coppola moved:
Ms. Laveria Marshall owns and resides at 100 Timon
That the above communication from the Office of
Street, Buffalo, New York 14211. Ms. Marshall will
Strategic Planning dated June 8, 2005, be received and
clean, improve and maintain the lot at 104 Timon Street
filed; and
in the event she obtains title to the property under the
That the city-owned property commonly known as 24
Urban Homestead Program.
Marigold Street, is hereby designated as Homestead
The Department of Permit and Inspection Services and
Property, and that the Mayor be, and he hereby is
the Division of Collections have been contacted. There
authorized to execute a deed transferring said property
are no property code violations, taxes or other liens
to Mrs. Glady H. Chestnut, residing at 26 Marigold
owed to the City of Buffalo by the homesteader.
Street, for the amount of One Dollar ($1.00) and no
We, therefore, recommend the City-owned vacant lot
more, and all costs of transfer, on the condition the
be designated as a Homestead Property and be
property is cleaned and improved within six (6) months
transferred to Ms. Laveria Marshall on the condition the
and maintained in a sanitary manner.
property is cleaned and improved within six (6) months
PASSED
and maintained in a sanitary manner.
AYES – 8 NOES –0
Mr. Coppola moved:
That the above communication from the Office of
NO. 15
Strategic Planning dated June 8, 2005, be received and
Transfer of Title
filed; and
Urban Homestead Program
That the city-owned property commonly known as 104
500 Sycamore Street
Timon Street, is hereby designated as Homestead
(City-Owned Vacant Lot, 118' x 48')
Property, and that the Mayor be, and he hereby is
(Ellicott District)
authorized to execute a deed transferring said property
The Office of Strategic Planning, Division of Real
to Ms. Laveria Marshall, residing at 100 Timon Street,
Estate, has surveyed the City-owned vacant lot at 500
for the amount of One Dollar ($1.00) and no more, and
Sycamore Street, Buffalo, New York, parcel is 118' x
all costs of transfer, on the condition the property is
48' in dimension; and it has been determined this parcel
cleaned and improved within six (6) months and
is inappropriate for either the construction of new
maintained in a sanitary manner.
housing or needed for public purpose.
PASSED
Ms. Kimberly Hunley owns and resides at 485 Madison
AYES - 8 NOES - 0
Street, Buffalo, New York 14211. 500 Sycamore is
adjoining in the rear of her property. Ms. Hunley will
FROM THE COMPTROLLER
clean, improve and maintain the lot at 500 Sycamore
NO. 17
Street in the event she obtains title to the property
LIST OF BANKS PER BUDGET HEARING
under the Urban Homestead Program.
ON MAY 3, 2005
The Department of Permit and Inspection Services and
The following chart shows the City of Buffalo banking
the Division of Collections have been contacted. There
information as of April 30, 2005:
are no property code violations, taxes or other liens
General Ledger Balance
owed to the City of Buffalo by the homesteader.
Numberof Funds
We, therefore, recommend the City-owned vacant lot
Bank as of 4/30/05 as
be designated as a Homestead Property and be
of 4/30/05
transferred to Ms. Kimberly Hunley on the condition the
JP Morgan Chase 114,649,622.65 9
property is cleaned and improved within six (6) months
Key Bank 4,008,901.92 2
and maintained in a sanitary manner.
M & T 7,837,660.94 2
Mr. Coppola moved:
HSBC 26,133,583.33 3
That the above communication from the Office of
Fleet / Bank of
13,581,456.17 1
Strategic Planning dated June 8, 2005, be received and
America
filed; and
TOTAL 166,211,225.01 17
That the city-owned property commonly known as 500
REFERRED TO THE COMMITTEE ON FINANCE
Sycamore Street, is hereby designated as Homestead
Property, and that the Mayor be, and he hereby is
FROM THE COMMISSIONER OF ASSESSMENT AND
authorized to execute a deed transferring said property
TAXATION
to Ms. Kimberly Hunley, residing at
NO. 18
485 Madison Street, for the amount of One Dollar
DISABILITY EXEMPTION
($1.00) and no more, and all costs of transfer, on the
The following change to Real Property Tax Law 459-c,
condition the property is cleaned and improved within
Disability Exemptions, was enacted by the State of New
six (6) months and maintained in a sanitary manner.
York effective with taxable status dates beginning on
PASSED
and after January 1, 2003:
AYES – 8 NOES – 0
Increase the maximum income ceiling for purposes of
NO. 16
qualifying for the 50% level of disability exemption from
TRANSFER OF TITLE
"less than $21,500" to "less than $23,999."
URBAN HOMESTEAD PROGRAM
This increase will also affect the "sliding scale" option
104 TIMON STREET
previously adopted by the City of Buffalo, raising the
(CITY-OWNED VACANT LOT, 30' X 137') (ELLICOTT
maximum income allowed to qualify for a disability
DISTRICT)
exemption from "less than $29,999" to "less than $28,799
$32,999." Income is defined as income for the calendar 20%
year ending December 31,2004. $26,699
If your Honorable body adopts the authorized changes, 15%
it is estimated that the financial impact to the city of $30,599
Buffalo will be a total of approximately $1,050 loss of 10%
revenue. This Department's financial impact forecast is $31,499
based upon assumptions made in a review of previous 5%
year's disability exemption applications. $32,399
The Department of Assessment and Taxation REFERRED TO THE COMMITTEE ON FINANCE
recommends that the new basic 50% exemption level of
$23,999 be adopted. In the event that your Honorable FROM THE COMMISSIONER OF PUBLIC WORKS
body adopts this change as outlined, the disability
exemption granted to eligible disabled citizens will be NO. 20
based on the following income schedule and will be NOTIFICATION SERIAL # 10012
effective for the 2006/2007 fiscal year tax roll: REPEAL ONE-WAY STREET DIRECTION
Proposed for Fiscal Year 2006/2007: (less than) KETCHUM PLACE - SOUTHBOUND
FROM YORK STREET
50% $23,999 TO JERSEY STREET
45% $24,999 (NIAGARA DISTRICT)
40% $25,999 ONE-WAY STREET DIRECTION - REPEAL
35% $26,999 In conformity with Section 49 of Chapter 479 of the
30% $27,899 Ordinances of the City of Buffalo, the City Engineer
25% $28,799 hereby notifies Your Honorable Body of this action
20% $26,699 supplementing, amending, or repealing existing
15% $30,599 provisions of Chapter 479 of the Ordinances, as stated
10% $31,499 below, to be effective forty five days aider the first
5% $32,399 Council meeting at which they appear on the agenda as
REFERRED TO THE COMMITTEE ON FINANCE an item business.
That part of Section 22 of Chapter 479 of Ordinances
NO. 19 of the City of Buffalo be supplemented by repealing
SENIOR CITIZEN EXEMPTION therefrom the following:
The following change to Real Property Tax Law 467, ONE WAY STREET DIRECTION
Senior Citizen Exemptions, was enacted by the State of NAME OF STREET DIRECTION OF TRAFFIC
New York effective with taxable status dates beginning Ketchum Place NorthboundFrom York StTo Jersy
on and after January 1, 2003: This action is being taken at the request of the
Increase the maximum income ceiling for purposes of homeowners on Ketchum Place. (See next 3 serials)
qualifying for the 50% level of senior citizens exemption NOTIFICATION SERIAL # 10013
from "less than $21,500" to "less than $23,999." INSTALL ONE-WAY STREET DIRECTION
This increase will also affect the "sliding scale" option KETCHUM PLACE - NORTHBOUND
previously adopted by the City of Buffalo, raising the FROM JERSEY STREET
maximum income allowed to qualify for a senior citizen TO YORK STREET
exemption from "less than $29,999" to "less than (NIAGARA DISTRICT)
$32,399." Income is defined as income for the calendar ONE-WAY STREET DIRECTION - INSTALL
year ending December 31, 2004. In conformity with Section 49 of Chapter 479 of the
If your Honorable body adopts the authorized changes, Ordinances of the City of Buffalo, the City Engineer
it is estimated that the financial impact to the city of hereby notifies Your Honorable Body of this action
Buffalo will be a total of approximately $15,000 loss of supplementing, amending, or repealing existing
revenue. This Department's financial impact forecast is provisions of Chapter 479 of the Ordinances, as stated
based upon assumptions made in a review of previous below, to be effective forty five days after the first
year's senior citizen exemption applications. Council meeting at which they appear on the agenda as
The Department of Assessment and Taxation an item business.
recommends that the new basic 50% exemption level of That part of Section 22 of Chapter 479 of Ordinances
$23,999 be adopted. In the event that your Honorable of the City of Buffalo be supplemented by adding
body adopts this change as outlined, the senior citizen thereto the following:
exemption granted to eligible senior citizens will be ONE WAY STREET DIRECTION
based on the following income schedule and will be NAME OF STREET DIRECTION OF TRAFFIC
effective for the 2006/2007 fiscal year tax roll: Ketchum Place from northbound Jersey St to York
Proposed for Fiscal Year 2006/2007: (less than This action is being taken at the request of the
50%homeowners on Ketchum Place. (See previous and
$23,999 next 2 serials)
45% NOTIFICATION SERIAL # 10014
$24,999 REPEAL STOP SIGN
40% IN KETCHUM PLACE
$25,999 AT JERSEY STREET
35% (NIAGARA DISTRICT)
$26,999 STOP SIGNS - REPEAL
30%In conformity with Section 49 of Chapter 479 of the
$27,899 Ordinances of the City of Buffalo, the City Engineer
25%hereby notifies Your Honorable Body of this action
supplementing, amending, or repealing existing Parks, and Streets to order the work on the basis of the
provisions of Chapter 479 of the Ordinances, as stated low bid. Funds for this work will be available in
below, to be effective forty five days aRer the first forthcoming Bond Funds to be sold for this project.
Council meeting at which they appear on the agenda as Please find attached a list of locations.
an item business. Mr. Coppola moved:
That part of Subdivision 9 Section 11 of Chapter 479 of That the above communication from the Commissioner
Ordinances of the City of Buffalo be supplemented by of Public Works, Parks and Streets dated May 3, 2005,
repealing therefrom the following: be received and filed; and
STOP SIGNS SHALL STOP BEFORE ENTERING That the Commissioner of Public Works, Parks and
Ketchum Pl Jersy Pl Streets, be, and he hereby is authorized to award a
This action is being taken at the request of the contract for the construction of Citywide Basketball and
homeowners on Ketchum Place. (See previous 2 and Tennis Court Improvements, to Del Prince and Sons,
next serials) the lowest responsible bidder, in the amount of
NOTIFICATION SERIAL# 10015 $205,580.00. Funds for the project will be available in
INSTALL STOP SIGNS forthcoming Bond Funds to be sold for this project.
IN KETCHUM PLACE PASSED
AT NEW YORK STREET AYES - 8 NOES - 0
NIAGARA DISTRICT
STOP SIGNS - INSTALL NO. 22
In conformity with Section 49 of Chapter 479 of the REPORT OF BIDS - GENERAL CONSTRUCTION
Ordinances of the City of Buffalo, the City Engineer 230 MOSELLE STREET ROOF RECONSTRUCTION
hereby notifies Your Honorable Body of this action (FILLMORE)
supplementing, amending, or repealing existing I advertised on May 23, 2005 and have received the
provisions of Chapter 479 of the Ordinances, as stated following bids for the reconstruction of the roof at 230
below, to be effective forty five days after the first Moselle Street, which were publicly opened & read on
Council meeting at which they appear on the agenda as May 11, 2005. The site is the old School 62 and
an item business. currently houses CRUCIAL Human Services.
That part of Subdivision 9 Section 11 of Chapter 479 of General Contractor Base Bid
Ordinances of the City of Buffalo be supplemented by Jos. A. Sanders & Sons, Inc.. $178,142.00
adding thereto the following: STOP SIGNS PO Box 814
VEHICLES ON SHALL STOP BEFORE ENTERING Buffalo, NY 14240
Ketchum Place York Street Weaver Metal & Roofing, Inc. $186,470.00
This action is being taken at the request of the 40 Appenheimer Avenue
homeowners on Ketchum Place. (See previous 3 Buffalo, NY 14214
serials) Progressive Roofing, Inc. $206,500.00
Waive 45 Days 331 Grote Street
RECEIVED AND FILED Buffalo, NY 14207
Grove Roofing Services, Inc. $211,950.00
NO. 21 131 Reading Street
REPORT OF BIDS - CITYWIDE Buffalo, NY 14220
BASKETBALL AND TENNIS COURT Jameson Roofing Co., Inc. $227,000.00
IMPROVEMENTS 3761 East Lake Road
I have previously requested and received permission to Dunkirk, NY 14048
take bids for the above project, item 32, CCP 7/10/01. I I hereby certify the foregoing is a true and correct
advertised on April 2005 and have received the
19, statement of the bids received and that Jos. A. Sanders
following bids for the construction of Citywide basketball & Sons, PO Box 814, Buffalo, NY 14240 is the lowest
and Tennis Court Improvements, which were publicly responsible bidder in accordance with the plans and
opened and read on June 7, 2005. specifications; and that the contract amount is
Contractor Base Bid $178,142.00
Del Prince & Sons $205,580.00 I request that Your Honorable Body authorize the
580 Cayuga Rd Commissioner of Public Works, Parks & Streets to
Cheektowaga, NY 14225 order the work on the basis of the low bids. Funds for
Gleason's Nursery $229,014.00 this work are available in recent Bond Funds sold for
4780 Sheridan Dr this project.
Williamsville, NY 14221 Mr. Coppola moved:
Titan Development $231,289.00 That the above communication from the Commissioner
8534 Seaman Rd of Public Works, Parks and Streets dated June 9, 2005,
Gasport, NY 14067 be received and filed; and
Thomann Asphalt $239,500.00 That the Commissioner of Public Works, Parks and
56 Gunnivlle Rd Streets, be, and he hereby is authorized to award a
Lancaster, NY 14086 contract for the reconstruction of the roof at 230
American Paving $247,000.00 Moselle Street, to Jos. A. Sanders & Sons, the lowest
5880 Thompson Rd responsible bidder, in the amount of $178,142.00.
Clarence Center, NY 14032 Funds for the project are available in recent Bond
I hereby certify the foregoing is a true and correct Funds sold for this project.
statement of the bids received and that Del Prince and PASSED
Sons is the lowest responsible bidder in accordance AYES - 8 NOES - 0
with the plans and specifications; and that the contract
amount is $205,580.00. I request that your Honorable NO. 23
Body authorize the Commissioner of Public Works, REPORT OF BIDS
LAFAYETTE ICE RINK That the Commissioner of Public Works, Parks and
HUMIDITY CONTROL SYSTEM Streets, be, and he hereby is authorized to award a
JOB NO. 0516 contract for the Police C District, HVAC Modifications,
DELAWARE DISTRICT to R P Mechanical, the lowest responsible bidder, in the
I advertised for on May 3, 2005 and received the amount of $7,650.00. Funds for the project are
following formal bids for the Lafayette Ice Rink, available in Division of Buildings - 38320906-445100.
Humidity Control System, on May 24, 2005. PASSED
Colgate Heating $78,800.00 AYES - 8 NOES - 0
142 Colgate, Buffalo, NY
John W. Danforth Co.No Bid NO. 25
2100 Colvin, Tonawanda, NY REPORT OF BIDS
R P Mechanical No Bid WATER SYSTEM IMPROVEMENTS - 24" GROVER
7165 Genesee, Springville, NY CLEVELAND SUCTION LINE UNIVERSITY
I hereby certify that the foregoing is a true and correct Plans and specifications were prepared and sealed
statement of all bids received and that Colgate Heating proposals accepted for the rehabiliatation of the 24"
Corp., with a bid of Seventy Eight Thousand Eight waterline that supplies Grover Cleveland Water Tank
Hundred and 00/100 Dollars ($78,800.00), is the lowest and Pump Station including internals joint seals, valve
responsible bidder in accordance with the plans and replacement, and associated restoration.
specifications: I submit the attached report of bids received which were
I recommend that Your Honorable Body authorize the opened in my office at 11:00 a.m. on May 18, 2005.
Commissioner of Public Works, Parks & Streets to C. Destro Developmnent $1,435,238.25
order the work on the basis of the low bids. Funding for 2255 Bailey Ave.
this project is being provided by New York State Grant Buffalo, NY 14211
($50,000.00) and Division of Buildings 36322206-Sicar Inc. $1,477,288.40
445100 ($28,800.00). 1128 Jamison Rd.
Mr. Coppola moved: Elma, NY 14059
That the above communication from the Commissioner Candy Company $1,480,251.30
of Public Works, Parks and Streets dated May 31, 19 Ransier Dr.
2005, be received and filed; and West Seneca, NY 14224
That the Commissioner of Public Works, Parks and I certify that foregoing is a true and correct statement of
Streets, be, and he hereby is authorized to award a all bids received and that C. Destro Development is the
contract for the Lafayette Ice Rink, Humidity Control lowest responsible bidder complying with the
System, to Colgate Heating Corp., the lowest specifications.
responsible bidder, in the amount of $78,800.00. Funds I respectfully request that your Honorable Body
for the project are being provided by New York State authorize the Commissioner of Public Works, Parks and
Grant ($50,000.00) and Division of Buildings 36322206-Streets to enter into a contract with C. Destro
445100 ($28,800.00). Development for the cost thereof to he charged to the
PASSED Division of Water capital bond account 53180636 in the
AYES - 8 NOES - 0 amount of $1,435,238.25 plus 10% for approved unit
prices for a total encumbrance of $1,578,762.08.
NO. 24 Mr. Coppola moved:
REPORT OF BIDS That the above communication from the Commissioner
POLICE C DISTRICT of Public Works, Parks and Streets dated June 9, 2005,
HVAC MODIFICATIONS be received and filed; and
JOB NO. 0516 That the Commissioner of Public Works, Parks and
MASTEN DISTRICT Streets, be, and he hereby is authorized to award a
I advertised for on May 10, 2005 and received the contract for the rehabilitation of the 24" waterline that
following formal bids for the Police C District, HVAC supplies Grover Cleveland Water Tank and Pump
Modifications, on May 24, 2005. Station, to C. Destro Development, the lowest
R P Mechanical $7,650.00 responsible bidder, in the amount of $1,435,238.25.
7165 Genesee, Springville, NY Funds for the project are available in Division of Water
John W. Danforth Co. $12,676.00 capital account 53180636 of $1,435,238.25 plus 10 %
2100 Colvin, Tonawanda, NY for approved unit prices for a total encumbrance of
Colgate Heating $15,880.00 $1,578,762.08.
142 Colgate, Buffalo, NY PASSED
$ 7,650.00 $12,676.00 $15,880.00 AYES - 8 NOES - 0
I hereby certify that the foregoing is a true and correct
statement of all bids received and that R P Mechanical, NO. 26
with a bid of Seven Thousand Six Hundred Fifty and CHANGE IN CONTRACT
00/100 Dollars ($7,650.00), is the lowest responsible DELAVAN FILLMORE FIRE STATION
bidder in accordance with the plans and specifications: CONSTRUCTION
I recommend that Your Honorable Body authorize the JOB #0433
Commissioner of Public Works, Parks & Streets to MASTEN DISTRICT
order the work on the basis of the low bids. Funds for I hereby submit to Your Honorable Body the following
this project are available in Division of Buildings - changes for the Delavan Fillmore Fire Station,
38320906-445100. Construction, Electrical Work, Tunney Electric, Inc., C
Mr. Coppola moved: #92010960.
That the above communication from the Commissioner 1. Furnish and install 4" Schedule 80 PVC spare conduit
of Public Works, Parks and Streets dated June 9, 2005, from new power pole to a point 5' past the east
be received and filed; and side of the new parking entrance driveway.
Add $ 1,214.40 the amount of $6,886.00, as more fully described in the
The foregoing change results in a net increase in the above communication, for work relating to Job
contract of One Thousand Two Hundred Fourteen and No. 0422, Main Mercer Fire Station Expansion &
40/100 Dollars ($1,214.40). Reconstruction, C #92010964. Funds for this project
Current Contract Amount $154,800.00 are available in 38320206 445100 - Division of
Amount of This Change Order (#1) $ 1,214.40 Buildings.
Revised Contract Amount $156,014.40 PASSED
Costs have been reviewed by the Consulting Architect AYES - 8 NOES - 0
(Foit Albert Associates) and the Department of Public
Works, Parks & Streets and were found to be fair and NO. 28
equitable. Funds for this work are to available in CHANGE IN CONTRACT
38320506 445100 - Division of Buildings. MAIN MERCER FIRE STATION
I request that Your Honorable Body authorize the EXPANSION & RECONSTRUCTION
Commissioner of Public Works, Parks & Streets to JOB #0422
issue a change order to the contractor as set forth MASTEN DISTRICT
above. I hereby submit to Your Honorable Body the following
Mr. Coppola moved: changes for the Main Mercer Fire Station, Expansion &
That the above communication from the Commissioner Reconstruction, The Peyton Barlow Co., C #92010964.
of Public Works, Parks and Streets dated June 6, 2005, 1. Add two (2) heavy steel angle lintels to provide 12" of
be received and filed; and bearing each side on solid masonry.
That the Commissioner of Public Works, Parks and Add $ 247.00
Streets be, and he hereby is authorized to issue change The foregoing change results in a net increase in the
order No. 1, to Tunney Electric, Inc., an increase in the contract of Two Hundred Forty Seven and 00/100
amount of $1,214.40, as more fully described in the Dollars ($247.00).
above communication, for work relating to Job Current Contract Amount $1,131,992.00
No. 0433, Delavan Fillmore Fire Station Construction, C Amount of This Change Order (#3) $ 247.00
#92010960. Funds for this project are available in Revised Contract Amount t$1,132,239.00
38320506 445100 - Division of Buildings. Costs have been reviewed by the Consulting Architect
PASSED (Bergmann Associates) and the Department of Public
AYES - 8 NOES - 0 Works, Parks & Streets and were found to be fair and
equitable. Funds for this work are to available in
NO. 27 38320206 445100 - Division of Buildings.
CHANGE IN CONTRACT I request that Your Honorable Body authorize the
MAIN MERCER FIRE STATION Commissioner of Public Works, Parks & Streets to
EXPANSION & RECONSTRUCTION issue a change order to the contractor as set forth
JOB #0422 above.
MASTEN DISTRICT Mr. Coppola moved:
I hereby submit to Your Honorable Body the following That the above communication from the Commissioner
changes for the Main Mercer Fire Station, Expansion & of Public Works, Parks and Streets dated May 31,
Reconstruction, General Construction, The Peyton 2005, be received and filed; and
Barlow Co., C #92010964. That the Commissioner of Public Works, Parks and
1. Provide and install 12" x 12" louvers in Doors 103A Streets be, and he hereby is authorized to issue change
and 102A. Add $ 276.O0 order No. 3, to The Peyton Barlow Co., an increase in
2. Provide and install 65" of 4" PVC perforated drain tile the amount of $247.00, as more fully described in the
along south side. Add $2,967.00 above communication, for work relating to Job No.
3. Provide and install retaining wall per revised detail 0422, Main Mercer Fire Station Expansion &
SK-1 dated 6/2/05. Add $ 3,643.00 Reconstruction, C #92010964. Funds for this project
The foregoing change results in a net increase in the are available in 38320206 445100 - Division of
contract of Six Thousand Eight Hundred Eighty Six and Buildings.
00/100 Dollars ($6,886.00). PASSED
Current Contract Amount $1,132,239.00 AYES - 8 NOES - 0
Amount of This Change Order (#4) Add
$6,886.00 NO. 29
Revised Contract Amount $1,139,125.00 CHANGE IN CONTRACT
Costs have been reviewed by the Consulting Architect NORTH JEFFERSON LIBRARY
(Bergmann Associates, Inc.) and the Department of CONSTRUCTION
Public Works, Parks & Streets and were found to be fair JOB #0324
and equitable. Funds for this work are to available in MASTEN DISTRICT
38320206 445100 - Division of Buildings. I hereby submit to Your Honorable Body the following
I request that Your Honorable Body authorize the changes for the North Jefferson Library, Construction,
Commissioner of Public Works, Parks & Streets to Electrical Work, Tunney Electric, C #92010831.
issue a change order to the contractor as set forth 1. Rework of conduits and wiring required by changes in
above. the locations of duct openings.
Mr. Coppola moved: Add $ 2,674.82
That the above communication from the Commissioner The foregoing change results in a net increase in the
of Public Works, Parks and Streets dated June 8, 2005, contract of Two Thousand Six Hundred Seventy Four
be received and filed; and and 82/100 Dollars ($2,674.82).
That the Commissioner of Public Works, Parks and Current Contract Amount $ 511,764.47
Streets be, and he hereby is authorized to issue change Amount of This Change Order (#5) $ 2,674.82
order No. 4, to The Peyton Barlow Co., an increase in Revised Contract Amount $ 514,439.29
Costs have been reviewed by the Consulting Architect ITEM NO. 70, C.C.P. 05/03/05
(Robert Traynham Coles, Architect, P.C.) and the The referenced item was sent to this department for
Department of Public Works, Parks & Streets and were comment.
found to be fair and equitable. Funds for this work are During a recent inspection of this property, we did not
to available in 37320306 445100 - Division of Buildings. find any indication of a water leak. The tree at this
I request that Your Honorable Body authorize the location is healthy and does not meet the criteria for
Commissioner of Public Works, Parks & Streets to removal as established by section 467 of the City's
issue a change order to the contractor as set forth ordinance.
above. This department has not found any hazardous
Mr. Coppola moved: conditions at this address.
That the above communication from the Commissioner RECEIVED AND FILED.
of Public Works, Parks and Streets dated June 3, 2005,
be received and filed; and NO.32
That the Commissioner of Public Works, Parks and PUBLIC NOTICE
Streets be, and he hereby is authorized to issue change 2005-2006 WATER RATES
order No. 5, to Tunney Electric, an increase in the PUBLIC NOTICE IS HEREBY GIVEN that a
amount of $2,674.82, as more fully described in the public hearing will be held pursuant to the Public
above communication, for work relating to Job No. Authorities Law Section 1048-1 on June 16, 2005 at
0324, North Jefferson Library Construction, C 6:00 p.m. local time in the Common Council Chambers,
th
#92010831. Funds for this project are available in
13floor City Hall, Buffalo, New York concerning the
37320306 445100 - Division of Buildings.
establishment of fees, rates or other charges by the
PASSED
Buffalo Water Board (the Water Board") for the use of
AYES - 8 NOES – 0
or services furnished, rendered or made available by
the water system of the City of Buffalo on or after July
NO. 30
1, 2005. A copy of these rates are available in the office
INCREASE IN CONTRACT
of the Secretary of the Water Board located in City Hall,
MASSACHUSETTS AVENUE PROJECT
Room 602 and may be inspected during regular
RECREATION IMPROVEMENTS
business hours after June 16, 2005.
GENERAL CONTRACT NO. 92010916
RECEIVED AND FILED.
During the final inspection at the Massachusetts
Avenue Project it was noted that extensive vandalism
NO. 33
had occurred to the new windows installed. Therefore,
BUFFALO WATER BOARD - REQUEST
we recommend that the following changes be made to
AMENDMENT TO OPERATION AGREEMENT
Contract No. 92010916, with Paul J. Gallo Contracting,
At their meeting of May 25, 2005, the Buffalo Water
Inc. to address these issues and minimize the amount
Board approved a motion requesting that the Operation
of future damage to the new facility windows.
Agreement between the City of Buffalo and the Buffalo
ADD $ 2,700.00
Water Board dated as of September 24, 1992 be
all labor and materials for:
amended. The Board is requesting that Article VI,
Installation of protective wire safety cloth attached to
Payments by the Board, Section 6.1 (B)(3) be
security bars at all new windows. Also provide and
eliminated from the Agreement.
install protective wire safety cloth above the two new
This section states:
doors on the North side of the building.
(3) an annual amount equal to $4,036,000 increased
Existing Contract Amount $373,417.78
by five percent (5%) compounded annually for the term
This Increase $ 2,700.00
of this Operation Agreement; provided, however, that
New Contract Amount $376,117.78
the City may waive all or any part of such increase
The project Architect, Stieglitz Snyder Architects, has
annually and, in such event, may, at the City's sole
reviewed and recommended these changes and costs.
discretion, defer and accrue up to twenty percent (20%)
Funds are available in Account 31480006.
of such waived increase (one percent (1%) of the total
I recommend that Your Honorable Body authorizes the
amount due the City from the previous year) and, again
Commissioner of Public Works, Parks and Streets to
at the City's sole discretion, require that all or any
issue a change order to Paul J. Gallo Contracting as
portion of such accrued moneys be paid to the City with
outlined above.
the annual payment in any subsequent Fiscal Year in
Mr. Coppola moved:
payment of all other Operating Expenses not provided
That the above communication from the
in Section 6.1 (B)(1) hereof.
Commissioner of Public Works, Parks and Streets
The Board is making this request in order to control
dated June 9, 2005, be received and filed; and
water rates for the 2005-06 fiscal year and in future
That the Commissioner of Public Works,
fiscal years.
Parks and Streets be, and he hereby is authorized to
Chair, Buffalo Water Board
issue a change order, to Paul J. Gallo Contracting, an
REFERRED TO THE COMMITTEE ON BUDGET, THE
increase in the amount of $2,700.00, as more fully
CORPORATION COUNSEL AND THE
described in the above communication, for work relating
COMMISSIONER OF ADMINISTRATION & FINANCE
to Massachusetts Avenue Project Recreation
Improvements, General Contract No. 92010916. Funds
FROM THE COMMISSIONER OF POLICE
for this project are available in Account 31480006.
PASSED.
NO. 34
AYES-8. NOES-0.
ENFORCEMENT OF ILLEGAL DUMPING
ORDINANCES
NO. 31
ITEM #151, C.C.P. APRIL 13, 2004:
L. RODDY - HAZARDOUS CONDITION
The following information is submitted per the Council's
456 DODGE ST.
request for a monthly report from the Buffalo Police
Department documenting the number of citations and TRADE OF HANDGUNS BY BUFFALO POLICE
adjudication's thereof of the city's illegal dumping DEPARTMENT
ordinances: ITEMS #33, C.C.P. 05/31/05
May 2004 May 2005 I am in receipt of the above-referenced Common
Total: 7 Total: 0 Council Communication. As per the request of your
REFERRED TO THE COMMITTEE ON LEGISLATION. Honorable Body, I am providing information concerning
the trade of existing 9MM Glock handguns for additional
NO. 35 SWAT weapons.
ENFORCEMENT OF NOISE ORDINANCES Legally, the Buffalo Police Department may trade the
ITEM #151, C.C.P. APRIL 13, 2004 excess 9MM Glock handguns for additional SWAT
The following information is submitted per the Council's weapons. Because there will be no cost to the City of
request for a monthly report from the Buffalo Police Buffalo, there would be no requirement that the new
Department documenting the number of noise weapons are bid out to other gun dealers.
ordinance citations and adjudications: RECEIVED AND FILED.
May 2004 May 2005
Total: 36 Total: 22 FROM THE COMMISSIONER OF PERMIT &
REFERRED TO THE COMMITTEE ON LEGISLATION. INSPECTION SERVICES
NO. 36 NO. 41
CERTIFICATE OF APPOINTMENT EST. A T & A ACCOUNT-DWELLING REQ. FUNDS
Appointment Effective: May 21,2005 in the Department (ITEM NO. 147, C.C.P. 5/17/2005
of Police, Division of Detective Division, to the Position I am in receipt of the above stated Common Council
of Detective Permanent Promotion at the Flat Starting Communication and wish to supply your Honorable
Salary of: $ 59.909 Body with the following information. We are pleased
Christopher S. Kochersberger 6453 Kevinton Place with your Honorable Body's appreciation of the services
Boston, NY 14025 provided by the Department of Permit and Inspection
REFERRED TO THE COMMITTEE ON CIVIL Services. The establishment of the Rental Registry
SERVICE. program has created a database for tracking owners of
rental properties and has established a new revenue
NO. 37 source. As the administrators of the Department of
CERTIFICATE OF APPOINTMENT: Permit and Inspection Services who created this
Appointment Effective: May 21,2005 in the Department program, we agree that the revenue generated must be
of Police Division of Detective, Contingent Permanent used to enhance the staffing levels of this Department.
Promotion at the Flat Starting Salary of: $ 59,909 Current Budget projections listed in the 2005-2006
Margaret J. Dragone 251 Hancock Ave Bflo, NY 14220 budget year are projected to be approximately one
REFERRED TO THE COMMITTEE ON CIVIL hundred and fifty-five thousand nine hundred and
SERVICE. twenty dollars ($ 155,920.00). We are awaiting the
hiring of a clerk to assist the Director of the Mayors
NO. 38 Task Force on Housing to insure that all potential
CERTIFICATE OF APPOINTMENT revenues are realized. A Trust and Agency account
Appointment Effective: May 21, 2005 in the Department must be established prior to the 2005-2006 fiscal year.
of: Police, Division of: Detective Division, to the After the initial estimate of one hundred and fifty-five
Position of: Detective Sergeant Contingent thousand nine hundred and twenty dollars ($
Permanent, Promotion, at the Flat Starting Salary of: 155,920.00) has been deposited into the revenue
$62,423 account, we wish to have any monies exceeding this
Sallie A. Biersch 3685 Marlowe Ave Buffalo, NY 14219 estimate placed into this new Trust and Agency
REFERRED TO THE COMMITTEE ON CIVIL account. These funds are to be used specifically for the
SERVICE. future hiring of inspection personnel. We are also
requesting that starting in the 2006-2007 fiscal year that
FROM THE CORPORATION COUNSEL these revenues be used solely for the staffing of the
Department of Permit and Inspection Services. It is my
NO. 39 sincere hope that this response satisfies your inquiry.
INCREASE FEE FOR PHOTOGRAPH RECORDS RECEIVED AND FILED.
ITEMS #32, C.C.P. 05/31/05
I am in receipt of the above-referenced Common
Council Communication. As per the request of your NO. 42
Honorable Body, I am providing information concerning RECYCLING RATES IN CITY HALL
the request of the Buffalo Police Department to ITEM NO. 133, C.C.P. 5/3/2005
increase the fee for photograph records. I am in receipt of the above stated Common Council
The Buffalo Police Department may legally charge a flat Communication and wish to supply your Honorable
fee of $200 for photographs, as long as the fees are Body with the following information. We in the
reasonably related to the cost of providing the Department of Permit and Inspection Services recycle
photograph service, and all the related expenses paper, plastic and glass product containers. We have
incurred by the police department. However, there been issued recycle bins from the Department of Public
should be a policy in place to allow for requests of only Works. We have located the bins next to the trash
a few photographs, which would cost much less than containers so that it takes the same amount of effort to
the proposed $200. recycle as it does to dispose of an item in the trash. Our
REFERRED TO THE COMMITTEE ON LEGISLATION. Department notifies the Department of MIS if there are
old computers, monitors, printers and other computer
NO. 40 related items to be recycled. If we may be of any
assistance in relation to this matter or if you wish to
examine our recycling performance our Department FROM THE COMMISSIONER OF ADMINISTRATION
would be willing to cooperate in any way possible. It is AND FINANCE
my sincere hope that this response satisfies your
inquiry. NO. 46
RECEIVED AND FILED. COUNCIL REQUEST-FUELMASTER REPORTS
PLEASE FIND THE FOLLOWING AND ATTATCHED
NO. 43 DOCUMENTS NUMBERED ONE THROUGH EIGHT
SIDEWALK CAFE LICENSE RE-GUARDING THE COMMON COUNCIL REQUEST
307 BRYANT (NIAGARA) FOR INFORMATION JUNE 7,2005.
The Common Council approved a sidewalk caf6 for the 1. FUELMASTER UNAUTHORIZED VEHICLE
restaurant located at 307 Bryant on May 18, 1984. The REPORT
restaurant, formerly known as Just Pasta, is now owned 2. FUELMASTER AUTHORIZED VEHICLE
by Vincent Gagliardo and called Vincent's Just Pasta REPORT.
Pluss. Mr. Gagliardo has requested permission to install 3. FUELMASTER TRANSACTIONS LISTING BY
a similar cafe. The Department of Permit & Inspection DEPARTMENT F/Y 2005.
Services has no objection to you Honorable Body 4. FUELMASTER TRANSACTIONS LISTING BY
authorizing the Commissioner to issue a "mere license" DEPARI34ENT F/Y 2004.
to encroach City right of way provided all conditions in 5. FUELMASTER TRANSACTIONS LISTING BY
the above mentioned approval are met. DEPARTMENT F/Y 2003.
Mr. Coppola moved: 6. FUELMASTER TRANSACTIONS LISTING FOR
That the above communication from the Department of TAKE HOME VEHICLES F/Y 2003.
Permit & Inspections Services dated April 25, 2005 be 7. FUELMASTER TRANSACTIONS LISTING FOR
received and filed; and TAKE HOME VEHICLES F/Y 2004.
That the Commissioner of Permit & Inspections 8. FUELMASTER TRANSACTIONS LISTING FOR
Services be, and he hereby is authorized to issue a TAKE HOME VEHICLES F/Y
"mere license" to Vincent Gagliardo, of Vincent's Just 2005.
Pasta Pluss, applicant, located at 307 Bryant Street, to REFERRED TO THE COMMITTEE ON FINANCE.
install a 12 x 20 sidewalk care which would encroach
city right-of-way at said address, subject to conditions. NO. 47
PASSED. CERTIFICATE OF APPOINTMENT
AYES-8. NOES-0. Appointment Effective June 13, 2005 in the Department
of Administration and Finance, Division of Parking
NO. 44 Enforcement, to the Position of
187-197 FRANKLIN STREET FOUNDATION ISSUE Hearing Examiner (part-time), Temporary, at the Flat
ITEM #51, C.C.P. JUNE 14, 2005 Rate of $110/day.
After consulting with the City of Buffalo Law Department Craig D. Hannah
regarding the above-referenced item, I have no 351 Winslow Avenue Apt 2
objection to the suspension of Buffalo Code Section Buffalo 14213
103-38(C) with respect to the demolition and foundation Melissa A. LoTempio
removal at 187-197 Franklin Street, provided the 419 Woodbridge Avenue
following conditions are met: Buffalo 14214
1. The foundation shall be used or removed by a future REFERRED TO THE COMMITTEE ON CIVIL
developer for the site; or SERVICE
2. The foundation shall be completely removed if the
site is sold to another party. FROM THE CITY CLERK
It is my sincere hope that the suspension of this
ordinance will enhance the potential for both NO. 48
marketability and development at this site. AUTO ALLOWANCE
Mr. Coppola moved: I transmit herewith certificates of auto allowance
That the above communication from the Department of submitted for the following individuals in the various
Permit & Inspections Services dated June 13, 2005 be departments listed below:
received and filed; and Community Services-Nina Littlejohn
That the suspension of Buffalo Code Section 103-38 RECEIVED AND FILED.
(C) be granted, with respect to the demolition and
foundation removal of 187-197 Franklin Street provided NO. 49
the above conditions are met. LIQUOR LICENSE APPLICATIONS
PASSED. Attached hereto are communications from persons
AYES-8. NOES-0. applying for liquor licenses from the Erie County
Alcohol Beverage Control Board.
NO. 45 Address Business Name Owner's Name
CERTIFICATE OF APPOINTMENT 350 Pennsylvania St The Ceda Rest Richard Buckley In
Appointment Effective June 10, 2005 in the Department 212 Cazenovia Premier Consumption Stephen Phillips
of Permit & Inspection Services, Division of Inspections, 834 Abbott Rd Mark Gallagher Mark Gallagher
to the Position of Supervisor of Slum and Blight, RECEIVED AND FILED
Permanent Appointment at the four starting salary step
of $48,706. NO. 50
Douglas E. Randall 217 Willett St Buffalo, NY 14206 LEAVES OF ABSENCE WITHOUT PAY
REFERRED TO THE COMMITTEE ON CIVIL I transmit herewith notifications received by me,
SERVICE. reporting the granting of the leaves of absence without
pay, in the various departments as listed: • Advertisement on local cable TV
Police- Sandra Brown, Marcelino Vazquez, Marian • Posting on civil Service website.
Blady, Debra Cordone Enclosed is a copy of the web posting for your perusal.
Permit and Inspection Services-Matthew Baudo REFERRED TO THE COMMITTEE ON CIVIL
RECEIVED AND FILED. SERVICE
NO. 51 NO. 56
REPORTS OF ATTENDANCE T. DUNN
I transmit herewith communications received by me, Citipark, Inc.
from the various boards, commissions, agencies and 187-197 Franklin Street Garage Demolition Project
authorities reporting the membership attendance at Request for Waiver/Suspension of Ordinance
their respective meetings: Citipark Inc. is in the process of demolishing the
Buffalo Sewer Authority-5/15/05 Franklin Street parking deck owned by a U. S. affiliate
Planning Board-6/7/05 of Citipark in accordance with approved Planning Board
RECEIVED AND FILED. site plan and demolition permits. The site
NO. 52 redevelopment project recently came across a
Notices of Appointments - Seasonal/Flat stumbling block during the demolition, however, and
I transmit herewith certificates received by me, now seeks the Council's assistance in moving forward.
reporting seasonal and flat salary appointments made Specifically, during the actual demolition on site, the
in various departments. City informed Citipark that pursuant to a recently
RECEIVED AND FILED. enacted City Code requirement, it now had to remove
Certificate of Appointment
all foundations. This was an unanticipated development
that was not contemplated under the Planning Board's
Appointment Effective: June 13, 2005 in the
approvals. The intent of Citipark, as requested by the
Department of Office of Strategic Planning Division of
City and recognized by the Planning Board in its
Real Estate to the Position of Laborer II Seasonal Non-
approvals, was to redevelop the site using the existing
Competitive Flat Starting Salary of: $8.15
foundations to decrease costs, reduce construction
Michael V. Steffan 137 Saranac Buffalo, New York
time, and foster immediate redevelopment.
14216
COPY AVAILAVBLE IN THE CITY CLERKS OFFICE
REFERRED TO THE COMMITTEE ON CIVIL
FOR REVIEW
SERVICE
RECEIVED AND FILED
NO 53
NO. 57
Appointments - Temporary, Provisional or
PROJECT BASED SECTION 8
Permanent
& OTHER HHOUSING WITHIN COB
I transmit herewith Appointments in the various
Housing Opportunities Made Equal is in receipt of
departments made at the Minimum (Temporary,
Item'#103 from the Common Council Proceedings
Provisional or Permanent) (as per contract
of May 3.2005 and the request that this agency
requirements).
comment on same.
REFERRED TO THE COMMITTEE ON CIVIL
Several of the items mentioned within this wide-
SERVICE.
ranging resolution fall outside HOME's area of
Certificate of Appointment
specific expertise and may be better addressed by
Appointment Effective: May 31, 2005 in the Department
the City's designated Section 8 administrator, the
of Community Services Division of Senior Services to
Rental Assistance Corporation of Buffalo. That
the Position of Van Driver
agency would, for example, be in a better position
Permanent, Non-Competitive Minimum, Starting Salary
to address issues regarding the feasibility of
of: $22,301 PERMANENT NON-COMPETITIVE
sharing inspection data.
MINIMUM
HOME supports the principle of tenant protection
Kevin Pangburn 436 Baynes Avenue Buffalo, NY
referred to in the resolution and agrees with the
14213
author's aim to inform and protect the rights of
REFERRED TO THE COMMITTEE ON CIVIL
tenants in threatened foreclosure proceedings.
SERVICE
Further we believe it would be unconscionable to
reduce rental subsidies used by our most
NON-OFFICIAL COMMUNICATIONS, PETITIONS
vulnerable populations
AND REMONSTRANCES
Although the legacy of a half century of population loss
NON-OFFICIAL COMMUNICATIONS
is a relatively high vacancy rate, we would agree there
remains a need for habitable and affordable housing in
NO. 54
the City of Buffalo. Increased state and federal support
Fair Housing Act
for both code enforcement and neighborhood
Please file the attached booklet regarding the "Fair
revitalization programs are of great importance as is
Housing Act" for the next Council Meeting.
maintaining socio-economic diversity in our community.
COPY AVAILABLE IN THE CITY CLERKS OFFICE
Just as we are now working with the Committee on
FOR REVIEW
Legislation, HOME remains willing to lend its expertise
REFERREF TO THE COMMITTEE ON LEGISLATION
at the request of the Council. Thanking you for the
invitation to comment, I remain
NO. 55
REFERRED TO THE COMMITTEE ON LEGISLATION
Exam Monitors
The Department of Human Resources/Civil Service
NO. 58
Administration has taken the following steps to increase
REQUEST CHANGE OF NO PARKING SIGNS N.
our pool of civil service exam monitors:
OGDEN ST
$ 3,500.00
First of all, I would like to thank you again for permitting These are serious concerns and circumstances which
the Buffalo Fire Historical Society to place our sign this Board and those we represent felt we had to
across the street from the Fire Museum. address. Therefore, we would appreciate the
Now, I would like to request that the 'No Parking Any opportunity to appear before the Common Council at
Time' signs be changed. it's earliest convenience. Thank you again for your time
and consideration.
REFERRED TO THE COMMITTEE ON COMMUNITY
'No Parking Any Time' signs are located on the east
DEVELOPMENT
side of North Ogden between Queen Street and William
Street. Therefore, this limits the parking spaces for
PETITIONS
visitors to the Fire Museum. Many of our visitors are
NO. 62
either elderly or are families with young children and
O. Traynor, Agent, Use 795 Delaware-Illuminated
want to park close to the Fire Museum.
Ground Sign
The BFHS is open every Saturday from 9:00 am to 4:00
The attached is for Common Council Approval; but per
pm. and quite often on Sunday's and on many
Permits, no public hearing is required.
evenings.
REFERRED TO THE COMMITTEE ON LEGISLATION,
We understand that Motor Vehicle Driving Examiners
CITY PLANNING BOARD AND CORPORATION
need Queen and North Ogden Streets open for their
COUNSEL.
testing during the day, Monday thru Friday.
We believe the signs should read, "No Parking Days
Regular Committees
Monday thru Friday," therefore leaving visitors free to
park and visit the Fire Museum on Saturday's, Sunday's
CLAIMS
and every evening. This would not interfere with the
(Jeffrey M. Conrad, Chairman)
Examiners nor any one else.
NO. 63
REFERRED TO THE COMMITTEE ON LEGISLATION
PERSONAL INJURY
AND THE COMMISSIONER OF PUBLIC WORKS
That, upon the recommendation of the Corporation
Counsel, the following actions for personal injury arising
NO. 59
out of alleged negligence on the part of the City of
COMPARATIVE FAIR HOUSING STATUTES JUNE
Buffalo, be compromised and settled:
2005
A.1.Delores A. Andersen v. City of Buffalo $3,500.00
AVAILABLE IN THE CITY CLERKS OFFICE FOR
A.2.Daniel Robinson vs. City of Buffalo $10,000.00
REVIEW
A.3.Jane L. Curry vs. City of Buffalo $39,000.00
REFERRED TO THE COMMITTEE ON LEGISLATION
A.4.Phyllis Innes and Sean Innes as p/n/g of Matthew
Innes vs. City of Buffalo $3,000.00
NO. 60
A.5.Jacob Berardi vs. City of Buffalo $5,000.00
REFORMS TO ZONING BOARD OF APPEALD
A.6.David Berardi vs. City of Buffalo $3,000.00
PROCESS
That checks be drawn on the account of Org 17221008
I am writing to respectfully request your assistance in
(480205) Judgment and Claims Prior Years, or
filing the attached document for the next Common
(480204) Current Fiscal Year, payable to the respective
Council meeting on June 14, 2005.
claimants or plaintiffs and their attorneys, if any, herein
AVAILABLE IN THE CITY CLERKS OFFICE FOR
above named, in the amounts set opposite their names
REVIEW
and delivered to them upon execution and delivery to
REFERRED TO THE COMMITTEE ON LEGISLATION,
the Corporation Counsel of proper releases and closing
THE ZONING BOARD AND THE CORPORATION
papers.
COUNSEL
PASSED
AYES – 8 NOES – 0
NO. 61
F. KING ABSENCE OF PUBLIC SAFETY IN PUBLIC
NO. 64
HOUSING
Property Damage
Thank you for meeting with the Resident Advisory
That, upon the recommendation of the Corporation
Board of Buffalo New York (RAB) on Monday, May
Counsel, the following actions for personal injury arising
23,2005.
out of alleged negligence on the part of the City of
RAB discussed with you our concerns regarding the
Buffalo, be compromised and settled:
absence of
B.1. Rose C. Aquilina, 260 Longnecker Street, 14206
Public Safety in public housing, effective July 1,2005.
This a claim for damage to a 1999 Mercury Sable,
Our board has met with City of Buffalo Police Officers
which occurred on March 3, 2005 in the vicinity of 61
and though we were assured Buffalo Police will
North Ogden Street $925.70
respond to residents of public housing the same as
B.2. Nancy A. Castiglione, 90 Milford Street, 14220
private citizens on a priority basis. We, the residents,
This is a claim for replacement of a tire, which was
see the necessity for our own Safety Force due to the
punctured on April 10, 2005 at 18 Melrose Avenue.
downsizing of the city police and response time for the
$48.08
need6 of housing residents.
B. 3. Teresa, Cunningham, 120 Parkridge Avenue,
We also have a concern for the need of More quality,
14215
affordable low income housing in the city of Buffalo. As
The City obtained a second estimate for repair of her
of April 2005 HUD subsidy units for BMHA was set at
damages and the claimant is willing to accept to settle
4,882. BMHA has a inventory of 3,847 subsidized units.
this matter based on the second lower estimate. It
This number is 1,035 units below HUD's subsidized
involves repair of the basement walls and repairing of
guidelines. RAB maintains, Buffalo Municipal Housing
the driveway as a result of damages sustained from
Authority should build more quality, affordable low
roots from a City-owned tree at 120 Parkridge Avenue.
income housing not demolish that which can be
$ 3,000.00
modernized.
B.4.Genesee Reserve Supply Inc., P. O. Box 20619, This is a claim for damages to a 1999 Grand Cherokee
200 Jefferson Road, Rochester, New York 14602 Jeep, which occurred on January 19, 2005 in the
This is a claim for damages to a 2004 INTL Tractor on vicinity of 1749 South Park Avenue. $1,562.61
January 19,2005 in the vicinity of 1749 South Park That checks be drawn on the account of Org 17221008
Avenue. $1,056.00 (480205) Judgment and Claims Prior Years, or
B.5.Frank Harper, 210 Mapleview Road, Cheektowaga, (480204) Current Fiscal Year, payable to the respective
14225 claimants or plaintiffs and their attorneys, if any, herein
This is a claim for damages to a 2000 DAEW NUBIRA above named, in the amounts set opposite their names
CDX, which occurred on 5/18/05 on Horton Place. and delivered to them upon execution and delivery to
$ 832.16 the Corporation Counsel of proper releases where such
B.6. Thomas R. Kane, 39 Floss Avenue, 14211 releases are indicated.
This is a claim for reimbursement of claimant's Mr. Coppola made a motion to allow Mr. Fontana to
insurance deductible of $500 as a result of a large obstain on Item B1
branch from a city-owned tree falling on claimant's Seconded by Mr. Bonifacio
21998 Ford Taurus. PASSED
$500.00 AYES – 8 NOES – 0
B. 7. Ernest Kubiak, 25 Troupe Street, 14210
This is a claim for damages to a fence at 25 Troupe NO. 65
Street. A large dead tree atl9 Troupe Street fell on Miscellaneous Invoices
January 6, 2005. $1,241.20 That upon the recommendation of the Corporation
B.8. New York Central Mutual a/s/o Robert and Dorothy Counsel and the appropriate City Departments, the
Errington, 1899 Central Plaza East, Edmeston, New following claims be paid:
York 13335 C. 1. Home Depot, 2100 Elmwood Avenue, 14207
This is a claim for damages sustained to a garage at 84 This is a claim for payment of Invoice No. 3022821 for
Milton Street on January 6, 2005. A large city-owned supplies/equipment purchased on March 29, 2004 by
tree at 19 Troupe Street, which is owned by the City, the Department of Public Works. $127.14
fell on the garage causing much damage to the C.2. United Rental/Highway Technologies, 880 North
structure and contents inside. Addison Road, Villa Park, IL, 60181
$12,637.64 This is a claim for payment of various prior fiscal year
B.9. Prayer & Praise Fellowship, 1107 Main Street, invoices for rental of items for Department of Public
14209 Works, Traffic & Engineering. $778.32
This is a claim for reimbursement of plumbing expenses That checks be drawn on the account of Org 17221008
incurred in August of 2004. Community Development (480205) Judgment and Claims Prior Years, or
installed new sewer lines in the vicinity of 1107 Main (480204) Current Fiscal Year, payable to the respective
Street in the late 1970's and reportedly abandoned the claimants or plaintiffs and their attorneys, if any, herein
old St. Paul Place Sewer. The Buffalo Sewer Authority above named, in the amounts set opposite their names
was notified as such. Unfortunately, they installed the and delivered to them upon execution and delivery to
new sewers over the top of the lateral and never the Corporation Counsel of proper releases where such
switched over the property to be serviced by the new releases are indicated.
main sewer line. Upon excavation, it was found that this Passed
mistake had been made and the problem was with the AYES – 8 NOES – 0
old main, which since has been cleaned out. Because
Community Development never connected this property NO. 66
to the new sewer line, the Law Department feels that MISCELLANEOUS REFUND/REIMBURSEMENT
the City is responsible for the plumbing costs incurred. That upon the recommendation of the Corporation
$6,394.93 Counsel and the appropriate City Departments, the
B. 10. Michele Rodriguez, 32 - 17th, 14213 following claims be paid:
This is a claim for replacement of the back tail light D. 1. David M. Garrett, 207 Sycamore Street
assembly, which was damaged on October 21, 2004 on 14204
th
This is a claim for reimbursement of a 1994 Ford
claimant's vehicle in front of 32 - 17Street.
Taurus, which was auctioned by the City of Buffalo on
$370.70
August 19, 2004. Mr. Garrett was the victim of a serious
B.11. Robert J. Roof, 417 Abbott Road, 14220
crime and his car stolen. $450.00
That a check be drawn on the account of Org 17221008
This is a claim for damages sustained to a 2002 Saturn,
(480205) Judgment and Claims Prior Years, or
which occurred on December 29, 2004.
(480204) Current Fiscal Year, payable to the respective
$942.17
claimants or plaintiffs and their attorneys, if any, herein
B.12. Safeco Insurance a/s/o Susan Okonczak, 1315
above named, in the amounts set opposite their names
North Highway Drive, Fenton, MO 63099-1929
and delivered to them Upon execution and delivery to
This is a claim for damages to a 1997 Pontiac
the Corporation Counsel of proper releases where such
Bonneville sustained on November 4, 2004 resulting
releases are indicated.
from a large portion of a city-owned tree at 108 South
PASSED
Pontiac falling onto it. $1,840.57
AYES - 8 NOES - 0
B.13. Adam D. Smith, 311 Abbott Road, 14220
This is a claim for replacement of two (2) windows
No. 67
broken as a result of a city-owned tree falling against
Report to the Claims Committee
the house on October 17, 2004 at 311 Abbott Road.
Ernest Johnson, 491 Adams Street, 14212
$277.64
This is being placed on the agenda for discussion at the
B.14. State Farm Automobile Insurance Company a/s/o
request of Council member Brian
Shanique A. Williams, 198 I Marcus Avenue, Suite 110,
On March 6, 2005, Mr. Johnson claims that while
Lake Success, NY 11042
driving down Pratt Street he sustained damages to his Mr. Davis moved that the above item be recommitted to
vehicle when he drove into a pothole while trying to the Committee on Finance.
th,
ADOPTED
avoid another one. On March 7he called the pothole
complaint line to report this and was told that they were
NO. 73
aware of the problem from a call received one or two
REQUEST TO PLACE POLICE CAMERAS AT
days previous. $655.60
STRATEGIC LOCATIONS
That a check be drawn on the account of Org 17221008
(ITEM NO. 21, C.C.P., NOV. 30, 2004)
(480205) Judgment and Claims Prior Years, or
That the above item be, and the same hereby is
(480204) Current Fiscal Year, payable to the respective
returned to the Common Council without
claimants or plaintiffs and their attorneys, if any, herein
recommendation.
above named, in the amounts set opposite their names
Mr. Davis moved that the above item be recommitted to
and delivered to them upon execution and delivery to
the Committee on Finance.
the Corporation Counsel of proper releases where such
ADOPTED
releases are indicated.
PASSED
NO. 74
AYES - 8 NOES - 0
REQUEST TO PLACE CAMERAS IN POLICE
VEHICLES
FINANCE
(ITEM NO. 143, C.C.P., MAY 3, 2005)
(Brian C. Davis, Chairman)
That the above item be, and the same hereby is
no. 68
returned to the Common Council without
Rent Forgiveness- 155 Washington Street
recommendation.
(Item No. 2, C.C.P., May 31, 2005)
Mr. Davis moved that the above item be recommitted to
That the Chairman of the Board of Parking, be and he
the Committee on Finance.
hereby is authorized to grant a $454.50 rent
ADOPTED
forgiveness for 155 Washington Street to Allright NY
Parking Inc., d/b/a Central Systems.
NO. 75
PASSED
RESULTS OF NEGOTIATIONS - 357 JEFFERSON
AYES -8 NOES - 0
AVENUE
(ITEM NO. 9, C.C.P., NOV. 3, 2004)
No. 69
(ITEM NO. 116, C.C.P., NOV. 16, 20040
Req. Quarterly Rpt. On Collection of Rental Registry
That the above item be, and the same hereby is
Fees, Hsg. Insps. Completed and the No. of
returned to the Common Council without
Violations Issued by the Inspections Dept.
recommendation.
(Permits/Insp)
Mr. Davis moved that the above item be recommitted to
(Item No. 56, 5/31)
the Committee on Finance.
That the above item be and the same hereby is
ADOPTED
received and filed.
ADOPTED
NO. 76
REQ. FOR COMMENTS/RECOM. RE: PURCHASE-
No. 70
SNOWMOBILES FOR USE DURING SEVERE SNOW
Auction Procedure (A&F) (Item No. 60, 5/31)
CONDITIONS (POL)
That the above item be and the same hereby is
(ITEM NO. 31, 5/17)
received and filed.
That the above item be and the same hereby is
ADOPTED
received and filed.
ADOPTED
No. 71
Permission to Purchase Unmarked Vehicles
NO. 77
(Item No. 67, C.C.P., Sept. 7, 2005) (Item No. 92,
REQ. FOR COMMENTS/RECOM. RE: UNMARKED
C.C.P., May 31, 2005)
VEH. PREV.AUCTIONED/ANTICIPATED
That the above item be, and the same hereby is
AUCTIONED (POL)
returned to the Common Council without
(ITEM NO. 32, 5/17)
recommendation.
That the above item be and the same hereby is
Mr. Davis moved:
received and filed.
That the Commissioner of Police be, and he hereby is
ADOPTED
authorized to purchase eight (8) new 2005 Ford Taurus'
for a maximum total value not to exceed $120,000.00.
NO. 78
Funds for these purchases have been approved for the
RESULTS OF NEGOTIATIONS - 339 PRATT STREET
2004/2005 Budget year and will be funded through the
(ITEM NO. 10, C.C.P., MAR. 22, 2005)
General Fund Budget.
(ITEM NO. 104, C.C.P., APR. 19, 2005)
PASSED
That the offer from Martin J. Philipps and John W.
AYES – BONIFACIO, CONRAD, COPPOLA, DAVIS,
Greeney, residing at 333 Pratt Street, in the sum of one
FONTANA, FRANCZYK - 7
thousand and four hundred dollars ($1,400.00) for the
NOES – Golombek –1
purchase of 339 Pratt Street, be and hereby is
accepted; and
No. 72
That the transfer tax, recording fees and cost of legal
Creating a Shared Asset Forfeiture Fund
description shall be paid by the purchaser; and
(Item No. 126, C.C.P., Oct. 5, 2004)
That the Corporation Counsel be authorized to prepare
That the above item be, and the same hereby is
the necessary documents for the transfer of title and
returned to the Common Council without
that the Mayor be authorized to execute the same, in
recommendation.
accordance with the terms of sale upon which the offer recommendation.
was submitted. Mr. Fontana moved:
PASSED That after the public hearing before the Common
AYES - 8 NOES - 0 Council on June 14, 2005, the Ordinance Amendment
as contained in Item No. 149, C.C.P., May 31, 2005, be
NO. 79 and the same hereby is approved.
DRUG ASSET FORFEITURE CHECKS RECEIVED PASSED
(POL) ($9,811.04) AYES - 8 NOES - 0
(ITEM NO. 33, 5/31)
That the above item be and the same hereby is NO. 84
received and filed. ORDINANCE AMENDMENT - CHAPTER 511 -
ADOPTED ZONING (LIGHTING)
(ITEM NO. 150, C.C.P., MAY 31, 2005)
NO. 80 That the above item be, and the same hereby is,
TRADE OF EXISTING/EXCESS 9MM GLOCK 17 returned to the Common Council without
HANDGUNS recommendation.
ITEM NO. 42, C.C.P., MAY 31, 2005) Mr. Fontana moved:
That the Commissioner of Police be, and he hereby is That after the public heating before the Common
authorized to enter into a trade agreement with The Council on June 14, 2005, the Ordinance Amendment
Buffalo Gun Center involving 9MM Glock 17 handguns. as contained in Item No. 150, C.C.P., May 31, 2005, be
PASSED and the same hereby is approved.
AYES - 8 NOES - 0 PASSED
AYES - 8 NOES - 0
LEGISLATION
(RICHARD A. FONTANA, CHAIRMAN) NO. 85
NO. 81 ORDINANCE AMENDMENT - CHAPTER 511 -
ORDINANCE AMENDMENT-CHAPTER 511-ZONING-ZONING (PAVING)
APPLICATIONS & APPEALS (ITEM NO. 151, C.C.P., MAY 31, 2005)
(#138,148-155,5/31/05(HRG 6/14) That the above item be, and the same hereby is,
That the above item has been sent to the Common returned to the Common Council without
Council without recommendation. recommendation.
Richard A. Fontana, Legislation Committee Chairman Mr. Fontana moved:
A public hearing has been set, before the Common That after the public hearing before the Common
Council, at this regularly scheduled meeting, on the Council on June 14, 2005, the Ordinance Amendment
above item, and a Notice of same has been published as contained in Item No. 151, C.C.P., May 31, 2005, be
in the Buffalo News, a copy of which is attached hereto. and the same hereby is approved.
On motion by Mr. Coppola, seconded by Mrs. PASSED
Russell, the item is properly before the Common AYES - 8 NOES - 0
Council, and the hearing is opened.
Ordinance Amendment - Chapter 511 - Zoning (Appln.) NO. 86
(Item No. 135, C.C.P., May 31, 2005) ORDINANCE AMENDMENT - CHAPTER 511 -
Mr. Fontana moved: ZONING (GENERAL PROVISIONS)
That after the public hearing before the Common (ITEM NO. 152, C.C.P., MAY 31, 2005)
Council on June 14, 2005, the Ordinance Amendment That the above item be, and the same hereby is,
as contained in Item No. 135, C.C.P., May 31, 2005, be returned to the Common Council without
and the same hereby is approved. recommendation.
PASSED Mr. Fontana moved:
AYES - 8 NOES – 0 That after the public hearing before the Common
Council on June 14, 2005, the Ordinance Amendment
NO. 82 as contained in Item No. 152, C.C.P., May, 31, 2005,
ORDINANCE AMENDMENT - CHAPTER 511 - be and the same hereby is Received and Filed
ZONING (DEFINITIONS) ADOPTED
(ITEM NO. 148, C.C.P., MAY 31, 2005)
That the above item be, and the same hereby is, NO. 87
returned to the Common Council without ORDINANCE AMENDMENT - CHAPTER 511 -
recommendation. ZONING (FENCE)
Mr. Fontana moved: (ITEM NO. 153, C.C.P., MAY 31, 2005)
That after the public hearing before the Common That the above item be, and the same hereby is,
Council on June 14, 2005, the Ordinance Amendment returned to the Common Council without
as contained in Item No. 148, C.C.P., May 31, 2005, be recommendation.
and the same hereby is approved. Mr. Fontana moved:
PASSED That after the public heating before the Common
AYES - 8 NOES - 0 Council on June 14, 2005, the Ordinance Amendment
as contained in Item No. 153, C.C.P., May 31, 2005, be
NO. 83 and the same hereby is approved.
ORDINANCE AMENDMENT - CHAPTER 511 - PASSED
ZONING (COMER) AYES - 8 NOES - 0
(ITEM NO. 149, C.C.P., MAY 31, 2005)
That the above item be, and the same hereby is, NO. 88
returned to the Common Council without
ORDINANCE AMENDMENT - CHAPTER 511 -
ZONING (ADULT USES) NO. 94
(ITEM NO. 154, C.C.P., MAY 31, 2005) ORDINANCE AMENDMENT - CHAPTER 264 -
That the above item be, and the same hereby is, RENTAL DWELLING UNIT REGISTRATION (FEES)
returned to the Common Council without (ITEM NO. 138, C.C.P., MAY 31, 2005)
recommendation. That after the public hearing before the Committee on
Mr. Fontana moved: Legislation on June 7, 2005, the Ordinance Amendment
That after the public hearing before the Common as contained in Item No. 138, C.C.P., May 31, 2005, be
Council on June 14, 2005, the Ordinance Amendment and the same hereby is approved.
as contained in Item No. 154, C.C.P., May 31, 2005, be PASSED
and the same hereby is approved. AYES - 8 NOES - 0
PASSED
AYES - 8 NOES - 0 NO. 95
EST. T & A ACCT.-DWELLING REGISTRATION
NO. 89 FUNDS (COMPT)
ORDINANCE AMENDMENT - CHAPTER 511 - (ITEM NO. 13, 5/31)
ZONING (SCREENING) That the above item be and the same hereby is
(ITEM NO. 155, C.C.P., MAY 31, 2005) received and filed.
That the above item be, and the same hereby is, ADOPTED
returned to the Common Council without
recommendation. NO. 96
Mr. Fontana moved: EST. A T & A ACCT.-DWELLING REGISTRATION
That after the public heating before the Common FUNDS (A&F)
Council on June 14, 2005, the Ordinance Amendment (ITEM NO. 61, 5/31)
as contained in Item No. 155, C.C.P., May 31, 2005, be That the above item be and the same hereby is
and the same hereby is approved. received and filed.
PASSED ADOPTED
AYES - 8 NOES - 0
NO. 97
NO. 90 CLARIFICATION IN THE CITY CHARTER (PW) (ITEM
S. DOCTOR, PETITION TO USE 830 ABBOTT - NO. 25, 5/31)
RELOCATE SIDEWALK CAR6 TO FRONT That the above item be and the same hereby is
(ITEM NO. 79, C.C.P., MAY 31, 2005) received and filed.
That the petition of S. Doctor, agent, for permission to ADOPTED
use 830 Abbott Road to relocate a sidewalk 7' x 30' to
the front of the restaurant ("Doctor's Sports Bar) be, NO. 98
and hereby is approved. COB POLICE DEPT. REQ. FOR COMMENTS &
PASSED RECOMMENDATIONS RE AMEND CHARTER TO
AYES - 8 NOES - 0 INCREASE FEE FOR PHOTOGRAPHIC RECORDS
(POL)
NO. 91 (ITEM NO.3 2, 5/31)
G. GORDON, PETITION TO USE 2265 DELAWARE That the above item be and the same hereby is
A/K/A 2263-65 DELAWARE - OUTDOOR PATIO received and filed.
(ITEM NO. 80, C.C.P., MAY 31, 2005) ADOPTED
That the petition of G. Gordon, agent, for permission to
use 2265 Delaware a/k/a 2263-65 Delaware Avenue for NO. 99
a 9'3"oy 35' outdoor patio be, and hereby is approved. BUILDING CODE #511-4 -CLARIFICATION IN THE
PASSED CITY CHARTER (LAW)
AYES - 8 NOES - 0 (ITEM NO.45, 5/31)
That the above item be and the same hereby is
NO. 92 received and filed.
A. MICHAELIDIS, PETITION TO USE 427 ADOPTED
DELAWARE - SIDEWALK CARE
(ITEM NO. 81, C.C.P., MAY 31, 2005) NO. 100
That the petition of A. Michaelidis, agent, for permission CLARIFICATION IN THE CITY CHARTER
to use 427 Delaware Avenue for a 6.5' wide by 25' long (PERMITS/INSP.)
sidewalk cafe be, and hereby is approved. (ITEM NO.47, 5/31)
PASSED That the above item be and the same hereby is
AYES - 8 NOES - 0 received and filed.
ADOPTED
NO. 93
ORDINANCE AMENDMENT - CHAPTER 263 - NO. 101
LICENSES (COLLECTOR) FOOD STORE LICENSE - 2887 BAILEY AVENUE
(ITEM NO. 137, C.C.P., MAY 31, 2005) (ITEM NO. 48, C.C.P., MAY 31, 2005)
That after the public hearing before the Committee on That the above item be, and the same hereby is
Legislation on June 7, 2005, the Ordinance Amendment returned to the Common Council without
as contained in Item No. 137, C.C.P., May 31, 2005, be recommendation.
and the same hereby is approved. Mr. Fontana moved that the above item be recommitted
PASSED to the Committee on Legislation
AYES - 8 NOES - 0 ADOPTED
NO. 102NO. 108
FOOD STORE LICENSE- 3306 BAILEY AVENUE ZONING/PLANNING HEARING NOTIFICATIONS
RA
(ITEM NO. 49, C.C.P., MAY 31, 2005)
(3RES)
That the above item be, and the same hereby is
(ITEM NO. 129, 3/8)
returned to the Common Council without
That the above item be and the same hereby is
recommendation.
received and filed.
Mr. Fontana moved that the above item be recommitted
ADOPTED
to the Committee on Legislation.
ADOPTED
NO. 109
ND
ZONING BOARD OF APPEALS SCREENING (2
NO. 103
RES)
RESTAURANT DANCING CLASS I & II - 948 MAIN
(ITEM NO. 123, 2/8)
STREET
That the above item be and the same hereby is
(ITEM NO. 51, C.C.P., MAY 31, 2005)
received and filed.
That pursuant to Chapter 150 of the City
ADOPTED
Code, the Commissioner of Permit & Inspection
Services be, and he hereby is authorized to grant a
NO. 110
Restaurant Dancing Class I & l/License to Roslyn
ZONING BD.-PLANNING BD. PUB. HRG.
Righetti d/b/a Ms. Kitty's Martini Bar/Patio, located at
NOTIFICATION (STRATEGIC PLANNING)
948 Main Street.
(ITEM NO. 12, 4/19)
PASSED
That the above item be and the same hereby is
AYES - 8 NOES – 0
received and filed.
ADOPTED
NO. 104
USED CAR DEALER - 1540 SENECA STREET
NO. 111
(ITEM NO. 54, C.C.P., MAY 31, 2005)
SAVE MONEY THROUGH PURCHASING ALLIANCE
That the above item be, and the same hereby is
(A&F) (#36,12/14)
returned to the Common Council without
(ITEM NO.112, 2/8)
recommendation.
That the above item be and the same hereby is
Mr. Fontana moved that the above item be recommitted
received and filed.
to the Committee on Legislation
ADOPTED
ADOPTED
NO. 112
NO. 105
SAVE MONEY THROUGH PURCHASING ALLIANCE
PLACEMENT OF GARBAGE TOTES
ST
(1RESOLVE ONLY)
(ITEM NO. 147, 5/31)
(#132,10/19)
That the above item be and the same hereby is
(ITEM NO. 118, 2/8)
received and filed.
That the above item be and the same hereby is
ADOPTED
received and filed.
ADOPTED
NO. 106
WAIVER OF PUBLIC WORKS LIABILITY
NO. 113
INSURANCE REQUIREMENT FOR VERTICAL
RANDY ATLAS, PETITION TO USE 1243
BANNERS
DELAWARE AVENUE - 2 GROUND SIGNS
(ITEM NO. 157, C.C.P., MAY 31, 2005)
(ITEM NO. 68, C.C.P., OCT. 5, 2005) (ITEM NO. 84,
C.C.P., NOV. 30, 2005)
That the above item be, and the same hereby
That the petition of Randy Atlas, agent, for permission
is returned to the Common Council without
to use 1243 Delaware Avenue for two (2) 5' x 8' wide
recommendation.
ground signs be, and hereby is approved.
Mr. Fontana moved:
PASSED
That the above-mentioned item be and the same is
AYES - 8 NOES – 0
hereby approved as amended.
Final Resolve to be amended in its entirety as follows:
NO. 114
Now therefore be it resolved That upon approval of the
STEVEN VU, PETITION TO USE 395 MAIN STREET -
Commissioner of Public Works and Streets, the City of
Buffalo waives the requirement for A certificate of SANDWICH SIGN
(ITEM NO. 70, C.C.P., APR. 19, 2005)
Liability Insurance for the Clinton Bailey Community
That the petition of Steven Vu, owner, for
Association regarding the installation of 25 vertical
banners in the Clinton-Bailey area. permission to use 395 Main Street for a 3' x 4' sandwich
sign be, and hereby is approved.
PASSED
PASSED
AYES - 8 NOES – 0
AYES - 8 NOES - 0
NO. 107
NO. 115
FATHER GUY F. SIRACUSE TRAILBLAZER SIGNS
TH
(ITEM NO. 145, C.C.P., MAY 17, 2005) (ITEM NO.
DEMOLITION POLICY FOR CITY OF BUFFALO (5
105, C.C.P., MAY 31, 2005)
RES ONLY)
Mr. Fontana moved that the above item be recommitted
(ITEM NO.123, 10/5)
to the Committee on Legislation
That the above item be and the same hereby is
ADOPTED
received and filed.
ADOPTED
NO. 119
NO. 116 L. CHABOT-WATERFRONT VIII. ADV. COUNCIL-
CLARIFICATION IN THE CITY CHARTER SUPP. DEVELOPER-PARCEL NEAR ADMIRAL'S
(ITEM NO. 109, 5/3) WALK
That the above item be and the same hereby is (ITEM NO.69, 5/31)
received and filed. That the above item be and the same hereby is
ADOPTED received and filed.
ADOPTED
COMMUNITY DEVELOPMENT
(JOSEPH GOLOMBEK JR., CHAIRMAN) NO. 120
J. GOLOMBEK-L. PIERRO-PHARCO (BFLO.
NO. 117 WEAVING/BELTING)
LDA-888 MAIN STREET D~. REDEVELOPER CO. BOILER HOUSE NEAR 160 CHANDLER ST.
(HRG. 6/14) (ITEM NO.72, 5/31)
(CCP#OAQ-5/31/05) That the above item be and the same hereby is
That the above item be and the same is returned received and filed.
to the Common Council without recommendation. ADOPTED
RECOMMENDED BY THE COMMITTEE ON
COMMUNITY NO. 121
A public hearing has been set, before the L. MECKLER-NFTA-DISCUSSION RE: SENECA
Common Council, at this regularly scheduled meeting, NATION BRINGING A CASINO TO BFIO.
on the above item, and a Notice of same has been (ITEM NO.74, 5/31)
published in the Buffalo News, a copy of which is That the above item be and the same hereby is
attached hereto. received and filed.
On a motion by Mr. Coppola, seconded by Mr. ADOPTED
Bonifacio the item is properly before the Common
Council, and the hearing is opened. NO. 122
Carried A. THOMPSON-STATE PASSES EXTENSION OF
Appearances EMPIRE ZONE
Maryann Dimarco, BURA, Daniel Campieri, Developer (ITEM NO.67, 4/19)
Mr. Coppola now moved that the hearing be closed. That the above item be and the same hereby is
Seconded by Mr. Davis received and filed.
Carried ADOPTED
Mr. Golombek moved:
That after a public heating, D~ to be duly designated as NO. 123
qualified and eligible Redeveloper by the Buffalo Urban J. GRIFFIN-HICKORY WOODS VALUE PROTECTION
Renewal Agency, is hereby approved as the & NEIGHBORHOOD IMPROVEMENT PLAN
Redeveloper of 888 Main Street; and (ITEM NO. 50, 12/28)
That the Mayor be and he hereby is authorized to That the above item be and the same hereby is
execute any and all deeds to received and filed.
convey land described as 888 Main Street in the ADOPTED
proposed "Land Disposition Agreement" to the Buffalo
Urban Renewal Agency, and there on to Daniel NO. 124
Campieri in Accordance with the terms of said J. GRIFFIN-G. SMITH-STEELFIELDS & CITY
Agreement and for the consideration recited thereto.DISCUSSIONS RE EMPIRE ZONE DESIGN HICKORY
PASSED WOODS
AYES - 8 NOES - 0 (ITEM NO. 59, 12/14)
That the above item be and the same hereby is
NO. 118 received and filed.
LDA 888 MAIN STREET – DANIEL CAMPIERI ADOPTED
REDEVELOPER (STRATEGIC PLANNING)
(ITEM NO. 8, C.C.P., MAY 31, 2005) RESOLUTIONS
That the above item be, and the same hereby is NO. 125
returned to the Common Council without BY. MR. BONIFACIO
recommendation. ORDINANCE AMENDMENT
Mr. Golombek moved: CHAPTER 78, ANIMALS
That after a public hearing, Daniel Campieri be duly The Common Council of the City of Buffalo does hereby
designated as qualified and eligible Redeveloper by the ordain as follows:
Buffalo Urban Renewal Agency, is hereby approved as That Chapter 78 of the Code of the City of Buffalo be
the Redeveloper of 888 Main Street; and amended to read as follows: § 78-19.1. Restrictions on
That the Mayor be and he hereby is authorized to keeping dogs.
execute any and all deeds to A. No owner of a dog shall keep or harbor a dog in an
convey land described as 888 Main Street in the unclean or unsanitary manner.
proposed "Land Disposition Agreement" to the Buffalo B. No owner of a dog shall fail to provide adequate
Urban Renewal Agency, and there on to Daniel food, water or space for such dog. "Adequate" shall
Campieri in accordance with the terms of said mean sufficient for the age and size of each dog on the
Agreement and for the consideration recited therein. premises, per veterinary standards.
PASSED C. It shall be the duty of every dog owner or person
AYES - 8 NOES - 0 having possession, custody or control of a dog to
remove any feces left by said dog on any property the City of Buffalo.
within the corporate boundaries of the City of Buffalo It is hereby certified pursuant to Section 3-19 of the
and deposit the feces in a sealed container lawfully Charter of the City of Buffalo, that the immediate
used for the disposal of refuse. The provisions of this passage of the foregoing ordinance is necessary.
section shall not apply to a dog owner or person who is APPROVED AS TO FORM
disabled as defined in Agriculture and Markets Law § Matter underlined is new. Matter in brackets to be
108 and who has possession, custody or control of a deleted.
guide dog, hearing dog or service dog as defined in Corporation Counsel -a Michael B. Risman
Agriculture and Markets Law § 108. PASSED
D. The maximum allowable number of dogs on a AYES – BONIFACIO, CONRAD, DAVIS, FONTANA,
premises that is classified as a single or double family FRANCZYK, GOLOMBEK - 7
residence, or an commercial property shall be three (3) NOES –COPPOLA - 1
for the entire premises. An,/premises harboring more
than three (3) dogs over the age of four (4) months is NO. 127
classified and defined as a kennel. BY: MR. BONIFACIO
E. For premises that are classified as multiple RE: ORDINANCE AMENDMENT CHAPTER 137,
dwellings, those properties containing three (3) or more CODE ENFORCEMENT
units, the maximum allowable number of dogs on the The Common Council of the City of Buffalo does hereby
premises shall be one (1) per household. ordain as follows:
F. An,/violations of this section shall be punishable That Chapter 137 of the Code of the City of Buffalo be
pursuant to Chapter 137. amended to read as follows:
It is hereby certified pursuant to Section 3-19 of the § 137-7, Schedule of Fines and Penalties
Charter of the City of Buffalo, that the immediate Fine Class J $500.00 $500.00 $500.00 $1,500.00
passage of the foregoing ordinance is necessary. Dumpsters or similar large waste containers placed
APPROVED AS TO FORM without permit, §413-4
Matter underlined is new. Matter in brackets to be Dumpsters or similar large waste containers placed
deleted. outside restrictions of permit, §413-4
PASSED Seizure of dangerous dog after finding of
AYES – BONIFACIO, CONRAD, DAVIS, FONTANA, dangerousness pursuant to Agriculture and Markets
FRANCZYK, GOLOMBEK - 7 NOES –COPPOLA - 1 Law §121.
It is hereby certified pursuant to Section 3-19 of the
NO. 126 Charter of the City of Buffalo, that the immediate
BY: MR. BONIFACIO passage of the foregoing ordinance is necessary.
RE: ORDINANCE AMENDMENT CHAPTER 78, APPROVED AS TO FORM
ANIMALS Corporation Counsel Michael B. Risman
The Common Council of the City of Buffalo does hereby Matter underlined is new. Matter in brackets to be
ordain as follows: deleted.
That Chapter 78 of the Code of the City of Buffalo be PASSED
amended to read as follows: §78-22. Definitions. AYES - 8 NOES - 0
The following terms and words, when used in this
Article, shall have meaning and effect as follows: NO. 128
DOG -- Any member of the species canis familiaris. BY: MR. BONIFACIO
DOG CONTROL OFFICER -- Any person appointed by RE: ORDINANCE AMENDMENT
the City of Buffalo to assist in the enforcement of the CHAPTER 222, SALE OF GLUE
dog control laws of New York State and local laws The Common Council of the City of Buffalo does hereby
adopted pursuant thereto. ordain as follows: That the Code of the City of Buffalo
HARBOR -- To provide food or shelter to any dog. be amended to read as follows: §222. Sale of Glue and
KENNEL - Any premises on which four or more
(4) other miscellaneous items. §222-1, Definitions.
dogs over four months of age are kept
(4) As used in this chapter, the following terms shall have
OWNER -- Any person who harbors or keeps any dog. the meanings indicated:
OWNER OF RECORD -- The person in whose name Aerosol Spray Paint - A substance, packaged under
any dog was last licensed pursuant to Article 7 of the pressure with a gaseous propellant for release of a
Agriculture and Markets Law, except that, if any license spray with fine particles and paint.
is issued on an application of a person under 18 years Broad Tipped Marker - any felt tip marker or similar
of age, the "owner of record" shall be deemed to be the implement containing a fluid that is not water soluble
parent or guardian of such person. If it cannot be and which has a flat or angled writing surface one-half
determined in whose name any dog was last licensed inch or greater.
or if the "owner of record" has filed a statement Etching Acid - any liquid, cream, paste, or similar
pursuant to § 113 of Article 7 of the Agriculture and substance that can be used to etch, carve, engrave, or
Markets Law, the owner shall be deemed to be the otherwise impair the physical integrity of glass or metal.
"owner of record" of such dog, except that if the owner GLUE -- A substance or property containing a solvent
is under 18 years of age, the "owner of record" shall be that releases toxic vapors or fumes, including any
deemed to be the parent or guardian of such person. cement or other adhesive containing one (1) or more of
PERSON -- Includes any individual, corporation, the following chemical compounds: acetone, acetate,
partnership, association or other organized group of benzene, butyl alcohol, ethyl alcohol, ethylene
persons or other legal entity. dichloride, ethylene trichloride, isopropyl alcohol, methyl
PREMISES - Any house or building, along with its alcohol, methyl ethyl ketone, pentachlorophenol,
grounds. petroleum ether or toluene.
VIOLATION -- The violation of any law or ordinance § 222-2. Prohibited acts.
regulating the keeping of dogs and their control within A. It shall be unlawful for any person, firm or
corporation to sell, give, deliver or furnish glue to any REFERRED TO THE COMMITTEE ON LEGISLATION
child under the age of eighteen (18) years without the THE ERIE COUNTY PARKS COMMISSIONER AND
personal or written consent of a parent or guardian of THE DIRECTOR OF OLMSTEAD PARKS
such child.
B. It shall be unlawful for any person, firm or NO. 130
corporation who is engaged in any business where glue BY: MR. CONRAD
is offered for sale to keep glue in such a place where DCJS COMPUTER LINK FOR REGISTERED SEX
prospective customers can obtain said glue by any OFFENDERS
means of self-service. Whereas: The City of Buffalo has registered
C. It shall be unlawful for any person, firm or sex offenders living with in its boundaries; and
corporation to sell, deliver, give or furnish glue to any
other person except a person, firm or corporation who, Whereas: Because of the volume of sex offenders
at the time of said sale, delivery, giving or furnishing of and their transitional lifestyles, a mailer is not the most
said glue, is actually employed by or engaged in cost effective and useful means of notification; and
operating a bona fide commercial establishment at a Whereas: Presently the Buffalo Police Department's
fixed location. Sex Offense Squad does a remarkable job of making a
D. It shall be unlawful for any person, firm, business or file of level 3 sex offenders open for public review in
corporation to sell, deliver, give or furnish spray paint, each community; disseminating sex offender
aerosol or otherwise, or broad tipped markers to information in an appropriate and time consuming
persons under eighteen (18) years of age. manner: and regularly monitoring sex offenders living in
E. Any person or corporation or other business entity the communities, and
that violates the provisions of this section shall be guilty Whereas: One of the largest hurdles the Sex
of a class B misdemeanor punishable by a fine of not Offense Squad has is handling the volume of paper it
more than five hundred dollars ($500.00) and/or receives from the New York State Division of Criminal
imprisonment of not more than three (3) months and Justice Services, (DCJS), for the initial information
mandatory one hundred (100) hours of community about sex offenders; and
service. Whereas: Everytime a convicted sex offender is
APPROVED AS TO FORM released from jail and moves into thc City of Buffalo,
Matter in brackets is to be deleted, matter underlined is DCJS sends a notice to the Sex Offense Squad.
new. Between the time of release and the receipt of notice to
REFERRED TO THE COMMITTEE ON LEGISLATION, the Buffalo Police, weeks and up to a month could
THE COMMISSIONER OF POLICE AND THE pass. In addition, a large volume of paper is handled by
CORPORATION COUNSEL both agencies; and
NO. 129 Whereas: To speed up the notice of a registered sex
BY: MR. CONRAD AND MR. DAVIS offenders living in the Buffalo Community; decrease the
MAINTENANCE OF CITY PARKS amount of paper being generated; and, the time it takes
st,
to review and input the information of each offender a
Whereas: On July 12004, the City of Buffalo entered
computerized system linked between the Buffalo Police
into an agreement to transfer City parks to the County;
Department and the DCJS should be established; and
and
Whereas: The computer link should be modeled
Whereas: Shortly thereafter, the County found itself in
after the Department of Collections "inmate lookup"
an extreme financial crisis which forced park closings in
system and be regularly maintained and updated by
Erie County; and
DCJS to have the most current information on a
Whereas: Many city residents are unaware of the fact
registered sex offender available. In addition, the link
that the County is now responsible for the maintenance
should be accessible to private citizens as well as a
of City parks and district Councilmembers continue to
password protected for law enforcement to access
receive an influx of constituent complaints with regard
information not for public viewing;
to the poor condition of their local parks; and
Now, Therefore, Be It Resolved:
Whereas: It is crucial that Recreational buildings and
That the City Council of the City of Buffalo does hereby
facilities remain open and programs such as Prime
urge the New York State Division of Criminal Justice
Time continue to be accessible to the residents of
Services to establish a registered sex offender
Buffalo for their summer enjoyment; and
computer system modeled alter the Department of
Whereas: While the City Parks are now the
Corrections "inmate lookup" systems and including all
responsibility of the County, it does not minimize the
the access suggested above in this resolution; and
role and responsibility of the Buffalo Common Council
Now, Therefore, Be It Further Resolved:
to address constituent inquiries and/or complaints.
That the City Clerk send certified copies of this
Now, Therefore, Be It Resolved That:
resolution to the WNY Delegation, Governor George
This Common Council requests that the County
Pataki, New York and United State Senators, Attorney
Commissioner of Parks, Andy Sedita, the Executive
General Eliot Spitzer, and Buffalo Police
Director of Olmsted Parks Conservancy, Deborah
Commissioner Rocco Diina; and
Trimble and the Director of Recreation, Sue Gonzalez
Now, Therefore, Be It Further Resolved:
provide a complete action plan describing how the
That the Honorable Body does hereby request that all
parks, recreational programs, buildings and facilities will
comments and/or suggestions regarding the proposed
be serviced throughout the summer months; and
DCJS computer link be filed with the City Clerk, 1308
Be It Further Resolved That:
City Hall, Buffalo, NY 14202, no later than 2pro, on
The action plan be filed with the Common Council,
Thursday, July 7, 2005:
1308 City Hall, no later than 2:00 pm on Thursday,
Now, Therefore, Be It Finally Resolved:
July 7, 2005; and
That the remainder of this resolution be referred to the
Be It Finally Resolved That:
Legislation Committee until it is no longer deemed
This resolution be forwarded to the appropriate Council
necessary by the Members of the Committee.
Committee for further review.
ADOPTED be used only as a set-up days, and Monday, July 18,
2005, to be used only as a breakdown day with traffic to
NO. 131 recommence by 6:00 AM of that day;
BY MR. COPPOLA (B) Hertel Avenue, between Crestwood and
2005 GREATER BUFFALO ITALIAN HERITAGE AND Tennyson Avenues, shall be closed to vehicular and
FOOD FESTIVAL bicycle traffic, and dogs and other animals shall be
Whereas The North Buffalo Community Development prohibited during the festival. In addition, cross streets
Corporation, Hertel-North Buffalo Business Association, bounded by Colvin, Linden, Delaware, and Tacoma
and the West Side Business and Taxpayers Avenues, including those botmdary streets, shall be
Association, Inc. have requested permission to, again, part of the festival area subject to its rules and
jointly conduct the Greater Buffalo Italian Heritage and regulations. Permittees with the cooperation of and at
Food Festival from July 14 through 17, 2005, on Hertel the direction of the Police Department will furnish and
Avenue; and locate barriers to be placed at the beginning time of the
Whereas These groups are also requesting that Hertel festival and to be removed at the end of the festival;
Avenue be closed to vehicular traffic between Delaware (C) That the city-owned residential area parking
and Colvin Avenues during the above dates, and that lot, located behind 1180 Hertel shall be closed to
cross streets between Colvin and Delaware Avenues, general use and shall be reserved solely for those
and also Linden and Tacoma between Colvin and residents of Hertel Avenue residing within the festival
Delaware Avenues, be designated festival areas; and area, and this restriction shall be enforced strictly by the
Whereas This festival will be a major expression of city and festival committee;
Italian Heritage which includes culture, customs, and (D)That the festival committee be, and hereby is,
foods and will once again attract people from hundreds authorized to erect appropriate banners and fittings on
of miles away; and street lamp posts on Hertel Avenue from the easterly
Whereas The Italian Festival Committee will continue side of Colvin to the westerly side of Delaware, and to
the drastic changes to the Festival that were made in hang a banner across Hertel and at Sorrento's on
2002 in an effort to focus more on Italian Heritage. The South Park, all within the conditions specified by the
changes are as follows: Department of Public Works;
(A) The festival will run from Thursday, July 14, 2005, (E) Permittees shall furnish to the City of Buffalo
to Sunday, July 17, 2005. (4 days) proper liability insurance as determined by the Special
(B) The hours of operation will be from 11:00 AM to Events Committee and Corporation Counsel;
11:00 PM on Thursday, Friday, and Saturday, and (F) Permittees shall assure complete
from 11:00 AM to 10:00 PM on Sunday. responsibility for removing barriers, pennants,
(C) The Festival Committee shall control the area decorations, barricades, stands, equipment and any
bounded by Delaware Ave. from Linden Ave. to trash or debris in the area arising out of the festival;
Tacoma Ave., Tacoma Ave. from Delaware Ave. ((3) Permittees shall assume complete
to Colvin Ave., Colvin Ave. from Tacoma Ave. to responsibility for conducting the festival in compliance
Linden Ave., Linden Ave. from Colvin Ave. to with all laws and ordinances applicable, and with all
Delaware Ave. directives of the various city departments, including
(D) Within the above area, the festival will operate Police, Fire, Street Sanitation, Transportation, and
from just west of Virgil Ave. to just east of Public Works;
Crestwood Ave. shortening the operating area by (H) Permission is hereby granted for the above
approximately three blocks. under such terms and conditions so as to protect the
(E) All large amusement rides and all games of interest of the City of Buffalo, as set forth by the Special
chance will be eliminated. Events Committee.
(F) Where and when possible, all residents and PASSED
businesses on Hertel Ave. between Delaware Ave. AYES - 8 NOES - 0
and Virgil Ave. will have access to their property.
(G) The Festival Committee will maintain the NO. 132
increased level and presence of security BY MR. COPPOLA
throughout the area agreed to by you and the AND MESSERS DAVIS, THOMPSON, FONTANA
Festival Board. WAIVE PERMIT FEES FOR NATIONAL NIGHT OUT
(H) Electrical power provided by a private source will Whereas: National Night Out will be held on Tuesday,
eliminate large and noisy diesel generators with a August 2, 2005, between 6:00 PM and 10:00 PM; and
whisper quiet electrical generators which eliminate Whereas: Neighborhoods throughout the City of
all hazardous wires cris-crossing the street. Buffalo plan block parties to celebrate this event; and
(I) The Festival Committee will be eliminating most Whereas: National Night Out is a way for our City to
non-food vendors thereby re-focusing our attention heighten crime and drug prevention awareness,
on ethnic and cultural areas. strengthen neighborhood spirit, and send a message to
Now, Therefore, Be It Resolved: criminals letting them know our neighborhoods are
The North Buffalo Community Development Corp., organized; and
Hertel - North Buffalo Business Assn., and the West Whereas: The City of Buffalo currently charges a $12
Side Business and Taxpayers Assn., Inc. are hereby processing fee for block party permits; and
granted permission to jointly conduct the 2005 Greater Whereas: To encourage block clubs to participate in
Buffalo Italian Heritage and Food Festival subject to the National Night Out activities the
following conditions: City of Buffalo should waive the $12 processing fee for
(A)The festival shall be conducted on Hertel Avenue the permit to block City streets.
from July 14 through July 17, 2005, between the hours Now Therefore Be It Resolved:
of I 1:00 am and 11:00 pm, except Sunday when the To encourage participation by block clubs in this year's
hours are 11:00 am to 10:00 pm with Tuesday, July 12, National Night Out activities on Tuesday, August 2,
2005 after 6:00 PM and Wednesday, July 13, 2005 to 2005, this Common Council supports waiving the $12
block party permit fee for that date. RE: ORDINANCE AMENDMENT
Marc A. Coppola CHAPTER 94, BOILERS AND ENGINES;
PASSED ENGINEERS
AYES - 8 NOES - 0 The Common Council of the City of Buffalo does hereby
ordain as follows:
NO. 133 That Chapter 94 of the Code of the City of Buffalo be
SPONSOR: MR. COPPOLA amended to read as follows:
CHANGING THE MAKEUP OF THE BUFFALO |§94-29, Licensing of hoisting engineers;
URBAN RENEWAL AGENCY (BURA) exemptions.
BOARD OF DIRECTORS A. No person except as hereinafter provided shall
Whereas, BURA was formed by state legislation to operate in the City of Buffalo any hoisting or portable
eliminate or prevent the development and spread of machines or apparatus in connection with construction,
deterioration and blight in the City of Buffalo; and alteration, erection or demolition of buildings in the City
Whereas, Urban Renewal Agencies were created in of Buffalo without first having obtained the license
municipalities throughout the state and each governing provided for herein.
board was created differently; and B. Any other person desiring to operate in the City of
Whereas, For example the Rochester Urban Renewal Buffalo any hoisting machine or apparatus in
Agency board of directors consists of the entire connection with construction work or building
Rochester city council and the Mayor who serves as operations should make application to the Chief
board chair; and Combustion Inspector in writing, duly verified, giving
Whereas, The Syracuse Urban Renewal Agency board such information as to age, residence, experience and
of directors consists of the Mayor, Council President knowledge in hoisting machines and the operation of
and the Commissioner of Finance; and motors used in running such hoisting machines as the
Whereas, The Buffalo Urban Renewal Agency board of Commissioner shall prescribe. If such application
directors currently consists of the following members: shows the person to be presumptuously capable of
Mayor, Council President, the Councilmember who operating a hoisting machine or apparatus, the Chief
chairs the urban renewal committee of the Council, the may require such tests or further examination as, in his
minority leader of the Council and if there is not a judgment, are reasonably necessary to demonstrate the
minority leader, then the Council shall appoint another applicant's ability to operate such hoisting machine with
person for this position, Corporation Counsel, safety to property and the lives and limbs of persons
Commissioner of Urban Renewal, Commissioner of working around or passing by such machines and the
Administration and Finance, two residents appointed by motors by which such machines are operated. If upon
the Mayor. such examination such applicant is found to possess
Whereas, Given the important role that BURA plays in the necessary qualifications to operate such hoisting
issues such as housing and economic development, machine or apparatus and the engine or motor by which
the two residents appointed by the Mayor should be the machine is driven, the Chief shall issue to him a
subject to the approval of the Common Council; and qualifying permit authorizing the Commissioner of
Now Therefore Be It Resolved: Permit and Inspection Services to issue to said
That the Buffalo Common Council supports changing applicant a hoisting engineer's license authorizing him
the state legislation which created the Buffalo Urban to operate in the City of Buffalo a hoisting machine, for
Renewal Agency, by requiring that the two residents which license the applicant shall pay the sum as
appointed by the Mayor to the BURA board shall be provided in Chapter 175, Fees.
subject to the approval of the Buffalo Common Council. C. Each license, unless sooner revoked, shall expire
Be It Further Resolved: one year from the date on which it is issued, and for a
That this item is referred to an appropriate Committee renewal thereof the licensee shall pay the sum as
of the Council for further consideration if necessary. provided in Chapter 175, Fees. Any misstatement
Be It Finally Resolved: concerning the material facts contained in the
That the City Clerk is directed to forward certified application shall be sufficient cause for the revocation
copies of this resolution to the members of the WNY of such license.
State Delegation. D. The provisions of this section shall not apply
STRD
ADOPT 1 AND 3 RESOLVES THE REMAINDER to:
REFERRED TO THE COMMITTEE ON LEGISLATION (1) The operation of elevators permanently installed
for regular use in any building.
NO. 134 (2) Any hoisting machine operated by muscular
BY MR. COPPOLA power.
EXCUSE COUNCILMEMBER ANTOINE M. (3) Any hoisting machine operated by an engine or
THOMPSON FROM SESSION motor of five horsepower or less.
Masten District Councilmember Antoine M. Thompson (4) Transit concrete mixers, welding units, overhead
will not be in attendance for Common Council session traveling cranes, gantry cranes, shop or plant trucks,
on Tuesday, June 14, 2005; and shop or plant hoists or any motor vehicle licensed
Counciimember Antoine M. Thompson has requested subject to the New York State Vehicle and Traffic Law.
permission to be excused from said session. E. Any person operating any hoisting machine or
Now Therefore Be It Resolved: apparatus in connection with construction work shall at
That this Common Council excuses Councilmember all times carry upon his person while so engaged the
Antoine M. Thompson from attendance for the session license issued to him.]
to be held on Tuesday, June 14, 2005. It is hereby certified pursuant to Section 3-19 of the
ADOPTED Charter of the City of Buffalo, that the immediate
passage of the foregoing ordinance is necessary.
NO. 135 APPROVED AS TO FORM
BY: MR. COPPOLA Matter underlined is new. Matter in brackets to be
deleted. The City Clerk is hereby authorized and directed to
PASSED forward certified copies of this resolution and to send
AYES - 8 NOES - 0 copies thereof to the Home Rule Counsel of the Senate
and the Assembly and to Governor George Pataki, to
NO. 136 Assembly Speaker Sheldon Silver, to the Assembly
SPONSOR: MR. COPPOLA Majority Leader Paul Tokasz, to the Secretary of the
ESTABLISH A LAND TRUST COMMITTEE Senate, to the Senate Majority Leader Joseph Bruno,
Whereas: Numerous vacant lots exist throughout the and to members of the Western New York Legislative
City of Buffalo, especially in low income neighborhoods; delegation.
and PASSED
Whereas: It may be beneficial for the City of Buffalo to AYES - 8 NOES - 0
set-up a land trust committee to help low income
neighborhoods gain access to these vacant lots for use NO. 138
as community gardens, neighborhood parks, recreation, BY MR DAVIS
economic development, and community revitalization; HEALTH NOW PROJECT
and WHEREAS, Duke HN New York, LLC desires to
Whereas: The opinions of the Corporation Counsel and construct a new 469,000 square foot, state of the art
Department of Strategic Planning should be sought to corporate headquarters facility, parking ramp, surface
find out the legal aspects and feasibility of setting up a parking and ancillary facilities, including a daycare
land trust committee. center, for Health Now (Blue Cross and Blue Shield
Now Therefore Be It Resolved: Provider for Western New York)(Project); and
That this item be sent to the Corporation Counsel and WHEREAS, Health Now considered over 70 sites to
the Department of Strategic Planning so that they may locate the Headquarters Facility; and
file an opinion pertaining to establishing a Land Trust WHEREAS: the criteria used by Health Now in its site
Committee in the City of Buffalo; and selection process and analysis included whether the
Be It Further Resolved: site would support community growth and create
That this item be sent to the Committee on Community economic stimulus for the area, accessibility to major
Development for further discussion. roadway and transportation systems for its members,
REFERRED TO THE COMMITTEE ON COMMUNITY vendors and employees, visibility and expansion
DEVELOPMENT, THE CORPORATION COUNSEL opportunities; and
AND THE DIRECTOR OF STRATEGIC PLANNING WHEREAS: Considering the foregoing criteria,
downtown Buffalo ranked highest amongst the
NO. 137 alternative sites considered by Health Now; and
BY: MR. COPPOLA: WHEREAS: The Project is anticipated to cost
HOME RULE MESSAGE SENATE BILL 5485-A, $86,300,000 and will be located in the downtown core
ASSEMBLY BILL 8346-A AN ACT RELATING TO of the City of Buffalo which is presently designated as
PROVIDING AN ACCIDENTAL DEATH BENEFIT an Urban Renewal Area, and is located in the New York
AND A SPECIAL ACCIDENTAL DEATH BENEFIT TO State Empire Zone; and
ELIGIBLE SURVIVORS OF A CERTAIN MEMBER OF WHEREAS, The lands upon which the facility is to be
THE UNIFORMED FORCE OF THE BUFFALO CITY located are Brownfield Sites and will require significant
FIRE DEPARTMENT WHO WAS KILLED IN ACTION environmental remediation prior to building
WHILE SERVING IN IRAQ AS A MEMBER OF THE construction; and
ARMY NATIONAL GUARD" WHEREAS: Location of the Project in downtown
Whereas a bill has been introduced in the New York Buffalo will result in the retention of 1369 jobs in the
State Assembly 8346-A, and New York State Senate City
5485-A to providing an accidental death benefit and a WHEREAS: The total remediation costs are anticipated
special accidental death benefit to eligible survivors of a to be $15,000,000 and will eliminate a major blighting
certain member of the uniformed force of the Buffalo influence in downtown Buffalo and will improve the
city fire department who was killed in action while environmental health, safety and welfare of the
serving in Iraq as a member of the Army National residents of the City of Buffalo; and
Guard; and WHEREAS: The Redeveloper and the prior owner of
this bill provides an accidental and special accidental one of the project lands have committed the
death benefit to eligible survivors of Christopher William $15,000,000 to remediate the parcels to residential
Dill, a Buffalo City firefighter killed in Iraq as a member standards; and
of the Army National Guard; and WHEREAS: A portion of the Project lands are currently
Whereas this act shall take effect immediately and shall owned by the City of Buffalo located on the Waterfront
be deemed to have been t full force and effect on and School site located at 95 Fourth Street ; and
after April 4, 2005; and WHEREAS: A portion of the Project lands are currently
Now Therefore Be It Resolved: owned by the City of Buffalo Urban Renewal Agency
That the Common Council of the City of Buffalo hereby (BURA) or a subsidiary thereof, including a portion of
goes on 43 Carolina, 257 west Genesee and 4 New Seventh in
record in support of Assembly Bill #8346-A and Senate their entirety; and
Bill #5485-A, WHEREAS: The Project Developer has agreed to
"An act relating to providing an accidental death benefit remediate the BURA property at a cost of between
and a special accidental death benefit to eligible $300,000- $600,000 thereby eliminating BURA's liability
survivors of a certain member of the uniformed force of on that property; and
the Buffalo city fire department who was killed in action WHEREAS: the Project Developer has requested
while serving in Iraq as a member of the Army National PILOT Increment Financing wherein the City would
Guard" receive, at a minimum, the amounts it would have
Be It Further Resolved That: received pursuant to a Standard ECIDA PILOT, and the
City would approve the application of excess PILOT and
payments to service a $14,000,000, 15 year debt; and WHEREAS, the terms of said Land
WHEREAS; BURA has duly designated Duke Realty, Disposition Agreement have been approved by the City
Corp. and or other legal entity to be formed, as a of Buffalo Urban Renewal Agency; and
qualified and eligible Redeveloper in accordance with WHEREAS, said Land Disposition
rules and procedures duly adopted by BURA; and Agreement has been forwarded by the City of Buffalo
WHEREAS, The City Clerk has published a Notice of Urban Renewal Agency to this Common Council for
Public Hearing, as required by Section 507, Subdivision action, pursuant to section 507, subdivision 2 of the
2 (d) of the General Municipal Law ; and General Municipal Law; and
WHEREAS: The proposed Land Disposition Agreement WHEREAS, Section 507(2) of the "General
is being submitted to this Common Council by the Vice Municipal Law" requires that the disposition of land in
Chairman of BURA; and an Urban Renewal Project may be approved only after
WHEREAS: Duke Realty has created Duke HN New a public hearing on due notice.
York, LLC as a wholly owned subsidiary for the NOW, THEREFORE, BE IT RESOLVED:
implementation of this Project. 1. That the City Clerk is hereby directed to
NOW, THEREFORE, IT IS RESOLVED, That this publish the notice attached hereto and marked "Notice
Project serves the public interest by remediating and of Hearing" in the Buffalo News, no later than the 17th
redeveloping a blighting parcel in the downtown core; day of June 2005.
and it is further 2. That this Common Council will conduct a
RESOLVED, That Duke and/or any other legal entity to Public Hearing on the matter stated in said "Notice of
be formed, was duly designated as a qualified and Hearing" at 2:00 P.M. in the Council Chambers on the
eligible Redeveloper by the Buffalo Urban Renewal 28th of June 2005.
Agency, is hereby approved as Redeveloper of 43 ADOPTED.
Carolina, 257 West Genesee and 4 New Seventh
Street; and NO. 140
RESOLVED, That the Mayor is hereby authorized to By: Councilmember Davis
execute any and all deeds or other documents LAND DISPOSITION AGREEMENT
necessary to convey surplus lands located at the 4 NEW SEVENTH, 43 CAROLINA, 257 WEST
Waterfront School to BURA for purposes of this Project; GENESEE AND PORTIONS OF THE WATERFRONT
and SCHOOL, DUKE HN NEW YORK, LLC-
RESOLVED, That the Mayor, the Chairman, Vice REDEVELOPER
Chairman, or any officer of BURA is hereby authorized WHEREAS, the Buffalo Urban Renewal
to execute any and all deeds or other documents Agency has duly designated Duke HN New York LLC
necessary to convey land described in the proposed and/or other legal entity to be formed as qualified and
Land Disposition Agreement to Duke HN New York, eligible Redeveloper in accordance with rules and
LLC in accordance with the terms of said Agreement procedures duly adopted by the Agency; and
and for consideration recited therein; and WHEREAS, the City Clerk has published a
RESOLVED; That contingent upon Duke HN New York Notice of Public Hearing, as required by Section 507,
LLC waiving the benefits available pursuant to Sec. 485 Subdivision 2(d) of the "General Municipal Law" and
-e of the Real Property Tax Law, and contingent upon WHEREAS, the proposed Land Disposition
the City of Buffalo receiving, at a minimum, the Agreement has been duly submitted to this Common
amounts it would have received pursuant to a standard Council by the Buffalo Urban Renewal Agency; and
ECIDA PILOT, this Body authorizes the Mayor or the NOW, THEREFORE, BE IT RESOLVED:
Executive Director of the Office of Strategic Planning to 1. Duke I-IN New York LLC and/or other legal
enter into a PILOT Application Agreement and any entity to be formed was duly designated as qualified
other agreements as necessary with the Erie County and eligible Redeveloper by the Buffalo Urban Renewal
Industrial Development Agency for the purpose of Agency, is hereby approved as the Redeveloper of 4
applying sufficient funds for a $14,000,000, 15 year New Seventh, 43 Carolina, 257 W. Genesee and
debt on the Project;. Portions of the Waterfront School in the Waterfront
REFERRED TO THE COMMITTEE ON COMMUNITY Redevelopment Project Urban Renewal Area NYR-35.
DEVELOPMENT 2. That the Mayor, the Chairman, Vice-
Chairman, or any officer of the Buffalo Urban Renewal
NO. 139 Agency is hereby authorized to execute any and all
By: Councilmember Davis deeds or other documents necessary to convey land
SET PUBLIC HEARING described in the proposed "Land Disposition
HEALTH NOW 257 W. GENESEE, 4 NEW SEVENTH, Agreement" to the City of Buffalo Urban Renewal
43 CAROLINA, PORTIONS OF WATERFRONT Agency, and there on to Duke HN New York LLC
SCHOOL-DUKE HN NEW YORK LLC and/or other legal entity to be formed in accordance
REDEVELOPER with the terms of said Agreement and for the
WHEREAS, Duke HN New York LLC and/or consideration recited therein.
other legal entity to be formed (herein referred to as the REFERRED TO THE COMMITTEE ON COMMUNITY
"Redeveloper") has been duly designated as qualified DEVELOPMENT.
and eligible Redeveloper in accordance with the rules
and procedures prescribed by the City of Buffalo Urban NO. 141
Renewal Agency; and By: Brian C. Davis
WHEREAS, the City of Buffalo Urban PERMISSION TO HANG BANNERS ALONG
Renewal Agency and the Redeveloper has negotiated a CHIPPEWA STREET
Land Disposition Agreement for the sale of 43 Carolina Whereas: The Chippewa Entertainment District
and 4 New Seventh, 257 West Genesee and portions of Association, Inc. would like to advertise The Niagara
th,
the Waterfront School Site, in the Urban Renewal Area;
Rally, to be held on July 7th through July 102005
and the Buffalo Place Bike Blast to be held August 20 infrastructure, maintenance of automobile production
st,
jobs, restoration of the tax base and untimely an
and 212005; and
increase in the standard of living in the Western New
Whereas: In order to promote there summer events,
York Region elsewhere; and
the Chippewa Entertainment District Association, Inc. is
Whereas: This resolution constitutes an emergency
requesting permission to hang banners along Delaware
measure for the immediate preservation of public
Avenue two weeks prior to the scheduled event; and
peace, property, health, welfare, and safety.
Whereas: Said banners are to be placed on
Now therefore be it resolved:
Delaware Avenue between Delaware and Franklin
That the City of Buffalo Common Council joins the
Street; and
Wayne County Commission, Cleveland City Council
Now Therefore Be it Resolved:
and other government bodies, and urges the Congress
That the Common Council of the City of Buffalo grants
and federal government to take every action necessary
permission to the
to promote and preserve the automobile and machine
The Chippewa Entertainment District Association, Inc.
tool sectors of out national economy; and
to hang banners to advertise their summer events; and
Be it finally resolved:
Be It Further Resolved:
That a copy of this resolution be sent to Congressional
That said banners will hang on Delaware Avenue from
and Senatorial delegation and President George W.
June 16, 2005 through July 11, 2005 to advertise the
Bush.
Niagara Rally and July 30, 2005 through August 22,
ADOPTED.
2005 to advertise the Buffalo Place Bike Blast.
Be It Finally Resolved:
NO. 143
That said banners meet all the requirements of
By: Mr. Davis & Mr. Bonifacio
pertinent Departments and that no existing laws are
SUPPORT PROPOSAL TO MOVE SUNYAB SCHOOL
violated.
OF ARCHITECTURE AND PLANNING TO
PASSED
DOWNTOWN BUFFALO
AYES-8. NOES-0.
WHEREAS: However unfortunate the decision to
expand and relocate the State University of New York
NO. 142
at Buffalo (UB) to Amherst, instead of to downtown
By: Brian C. Davis
Buffalo, it is a decision that is now irreversible.
CALLING FOR FEDERAL INTERVENTION TO
Opportunities still exist for the University of Buffalo to
RESCUE AUTOMOBILE INDUSTRY AND SAVE
expand and maintain its presence in downtown Buffalo;
JOBS
and
Whereas: The City of Buffalo Common Council is
WHEREAS: One opportunity would be for the School
concerned that a growing number of experts are
of Architecture and Planning, currently housed on the
warning that the decline of the U.S. based automobile
South Campus, to relocate to downtown Buffalo.
manufacture poses the danger of a severe overall
Consisting of both the Department of Architecture and
economic depression for the nation, with tens of
Urban and Regional Planning, the School of
thousands of jobs lost in auto, machine, steel and other
Architecture and Planning would be a natural fit for
related industries; and
downtown Buffalo. With a school position in downtown
Whereas: Certain stop-gap measures should be
Buffalo, students would be given the opportunity to
adopted and implemented by Congress to forestall the
work in a vibrant urban laboratory, causing the synergy
presently threatened, irreparable damage to our
between education and the location to be extraordinary;
nation's physical economy, which is typified by the
and
presently accelerating crisis in the U.S. automobile
WHEREAS: Urban and Regional Planning students
industry; and
would also benefit from working amidst the seat of
Whereas: The U.S. automobile industry is billions of
government of city and region dealing with compelling
dollars in debt and recently has had its bond ratings
issues of regionalism, economic, poverty, race, housing
lowered drastically, unbelievably posing the treat of
and politics, issues that are fundamental to the planning
bankruptcies; and
curriculum. The Institute of local Governance and
Whereas: It is conceivable that the automobile
Regional Growth would also benefit from being in the
industry's leading manufactures could close most, it not
midst of the government institutions they often work
all of their factories in the United States; and
with and study; and
Whereas: The closing down of even some of the
WHEREAS: The State University of Buffalo has always
automobiles factories, including the Stamping Plant and
and will remain an important and integral part of the
the Powertrain Plant in the Buffalo Region, would mean
Buffalo community. A plan or a decision to relocate the
both the end of the United States as a leading physical
School of Architecture and Planning to downtown
economic power and cause chain reaction damage to
Buffalo would make a pledge and a strong commitment
the other economies, especially in the Western New
by the University to improving both the University and
York Region; and
the surrounding communities;
Whereas: Congress has the capability and duty to
Now, Therefore, Be It Resolved That: the Buffalo
avert national economic disaster by intervening on
Common Council goes on record in support of any
behalf of the automobile industry to ensure that the
plans or initiatives that would relocate State University
continued employment of the industry's labor force
of New York at Buffalo School of Architecture and
remain functioning in each and every present locality of
Planning to downtown Buffalo, and
employment; Congress must intervene on behalf of
Be It Further Resolved That: The City Clerk forward
national and related interests and security, to ensure
certified copies of this resolution to members of the
that the productive potential of the automobile industry,
Western New York State delegation, the Chancellor of
with its featured high technology and machine tool
the State University of New York and to the President of
capability, be maintained; and
the State University of New York at Buffalo, John B.
Whereas: The impact of Congressional intervention
Simpson.
may be to create thousands of new jobs repairing
ADOPTED. any agents, subordinates, occupants or employees to
deposit or leave in any public street, curbline or public
NO. 144 place any solid waste, unless the same is in proper
By: Mr. Davis receptacles, no earlier than 7:00 p.m. on the evening
TRAILBLAZING SIGNAGE FOR JEFFERSON prior to the day of the regular collection as provided. All
AVENUE AS "REV. WILLIAM A. HOLLEY, JR. WAY" city-issued receptacles shall be removed from the
WHEREAS: Rev. William A. Holley, Jr. is the Pastor of street, curbline or public place following public
St. James Missionary Baptist Church and has been for collection and shall not be left in the street, curbline or
over 33 years; and public place [12 hours after the time of collection] after
WHEREAS: Before moving the church to its' new 8:00 p.m. on the day of regular collection. All garbage
location, it was located at Jefferson Avenue and receptacles shall be kept in rear yards and may not be
Northampton Street for 25 years; and stored in the front of properties, unless authorization is
WHEREAS: Rev. William A. Holley, Jr. has dedicated received from the Commissioner of Public Works and
his life to spreading the "Good News", while being a Streets.
husband, father, friend, and Community Leader; and B. Any person violating the provisions of this section
WHEREAS: For all of his contributions, commitment may be liable, in addition to the general penalties, to the
and dedication to his community of faith, family and the penalties established in Chapter 137, Code
City of Buffalo, it is fitting to honor Rev. William A. Enforcement, Article I, of this Code.
Holley, Jr. for his faithful service. It is hereby certified pursuant to Section 3-19
Now, Therefore, Be It Resolved: of the Charter of the City of Buffalo, that the immediate
That the Common Council of the City of Buffalo passage of the foregoing ordinance is necessary.
approves the installation of two trailblazing signs APPROVED AS TO FORM
proclaiming Jefferson Ave. at the comer of Michael B. Risman
Northampton Street at "Rev. William A. Holley, Jr. Corporation Counsel
Way"; and Matter underlined is new. Matter in brackets to be
Be It Further Resolved: deleted.
That this Common Council requests that the PASSED
Department of Public Works to install a trailblazing sign AYES-BONIFACIO, CONRAD, COPPOLA, DAVIS,
which will read "Rev. William A. Holley, Jr. Way" on FONTANA, FRANCZYK, GOLOMBEK RUSSELL-8.
Pole #1190 and #1195, which are located at the comers
of Jefferson Ave at Northampton Street NO. 147
REFERRED TO THE COMMITTEE ON LEGISLATION By: Mr. Franczyk
AND THE COMMISSIONER OF PUBLIC WORKS. WAIVER OF PUBLIC WORKS LIABILITY
INSURANCE REQUIREMENT FOR VERTICAL
NO. 145 BANNERS
By: Mr. Fontana Whereas: There are various Block Clubs, Community
DISCHARGE ITEM FROM THE LEGISLATION Associations, and neighborhood groups working to
COMMITTEE--(COM 1, CCP MAY 17, 2005) improve the quality of life and enhance the visual
"VETO MESSAGE-LL INTRO#5(2005)-COMM. OF appeal of their neighborhoods; and
STRATEGIC PLANNING (CCP#91- Whereas: Many of these groups have diligently raised
4/19/05)(MAYOR)" funds in order to install single pole decorative Vertical
Whereas: Com 1, CCP May 17, 2005, "Veto Message-street banners on street light standards in order to
LL Intro#5(2005)-Comm. Of Strategic Planning beautify their communities; and
(CCP#91-4/19/05)(Mayor)" is currently before the Whereas: The City of Buffalo Department of Public
Committee on Legislation; and Works currently requires a certificate of liability
Whereas: It is no longer necessary for this item to be insurance in order to hang any banner in the City; and
considered by that committee; Whereas: Many of these groups are small and
Now, Therefore, Be It Resolved: unincorporated, with no direct affiliation with large
That the Common Council does hereby discharge the community centers, and thus cannot afford to maintain
Legislation Committee from further consideration of their own, individual, expensive liability insurance
Com 1, CCP May 17, 2005 "Veto Message-LL policies; and
Intro#5(2005)-Comm. Of Strategic Planning (CCP#91-Whereas: The City of Buffalo Department of Public
4/19/05)(Mayor)" and said item is now before the Works also inspects the mountings of such banners
Council. and brackets on street lamp posts to ensure for safety
ADOPT DISCHARGE; RECEIVED AND FILED. and proper installation; and
AYES-BONIFACIO, CONRAD, COPPOLA, DAVIS, Whereas: The Buffalo Common Council also must
FONTANA, GOLOMBEK, RUSSELL-7. approve any banner installation in the City; and
NOES-FRANCZYK-1. Now Therefore Be It Resolved: That the Buffalo
Common Council hereby requests that the City of
NO. 146 Buffalo Department of Public Works, on a case by case
By: Mr. Fontana basis, waive its requirement for a certificate of liability
ORDINANCE AMENDMENT insurance for decorative vertical pole banners, provided
CHAPTER 216, GARBAGE, RUBBISH AND REFUSE that the Department of Public Works inspect and
The Common Council of the City of Buffalo approve each banner installation project.
does hereby ordain as follows: PASSED.
That Chapter 216 of the Code of the City of AYES-8. NOES-0.
Buffalo be amended to read as follows:
§216-14, Placement of material for collection; penalties NO. 148
for offenses.
A. No person shall deposit or leave or cause or allow
By: Mr. Golombek & Mr. Bonifacio Whereas, The Buffalo News states further in its June
t"
REQUIREMENT FOR CITY EMPLOYEES TO PAY
10news article that state lawmakers and their staffs
ANY CITY DEBTS
already have agreed that County Executive Giambra
Whereas: The City of Buffalo currently has procedures
would not sit on a county control board; and
in place whereby applicants for all civil service positions
Whereas, Despite the fact that the Buffalo Common
must provide permission for a police record check and
Council on June 10, 2003, passed a resolution
provide a relevant source of documentation to verify
requesting that elected officials not serve on the Buffalo
compliance with the City of Buffalo's residency
control board, the State Legislature allowed both Joel
requirement (except those expressly exempted under
Giambra and Mayor Anthony Masiello to serve on the
New York State law); and
Buffalo control board; and
Whereas: The City of Buffalo may refuse to hire an
Whereas, How incredibly ironic is it that County
applicant who is found to lack the established
Executive Giambra whose lack of leadership has
preliminary requirements for the position for which they
brought Erie County to a financial crisis will continue to
applied; and
serve on the Buffalo control board, but will not serve on
Whereas: The City of Buffalo currently checks possible
a possible Erie County control board; and
appointees to various boards to determine if the
Whereas, The State Legislature in February approved a
candidates owe taxes, fines, fees, pending housing
one percent sales tax hike for Erie County that required
violations, etc; and nonpayment of such debts may be
sharing a percentage of tax revenues with the City of
grounds for disqualification for such an appointment as
Buffalo; and
it displays a disrespect for the requirements and
Whereas, The Buffalo News reports further that
processes of law; and
lawmakers from outside Buffalo believe the city was
Whereas: Potential candidates are more likely to pay
already taken care of with extra state aid in this years
their debts to the City if provided with a means to do so
state budget and as such their may be opposition to
once hired.
Buffalo receiving a share of any Erie County sales tax
Now, Therefore, Be It Resolved That:
increase; and
The Common Council of the City of Buffalo does hereby
Whereas, State legislators and the Buffalo control
request that the Corporation Counsel explore the
board often criticize Buffalo for being too dependent on
feasibility and legality of investigating all potential city
state aid and other one shot revenue sources, yet the
employees (including BURA, BERC, BMHA, Sewer,
same people are reluctant to provide Buffalo with an
etc.) for debts owed to the City and pending housing
equitable share of the sales tax which would provide a
violations, prior to their appointment and to arrange
recurring revenue source; and
payment of any debts in one sum or to consent to
Whereas, Syracuse receives 37% of their county sales
having their wages garnished until payment of their
tax, Rochester receives 34% of their county sales tax,
debts is made in full; and
compared with Buffalo, which receives just 19% of Erie
Now, Therefore, Be It Further Resolved That:
County's sales tax; and
The Common Council of the City of Buffalo does hereby
Now Therefore Be It Resolved:
request that the Corporation Counsel explore the
That the above actions display a complete double
feasibility and legality of investigating all current city
standard by the State Legislature towards the City of
employees (including BURA, BERC, BMHA, Sewer,
Buffalo.
etc.) for debts owed to the City and pending housing
Now Therefore Be It Further Resolved:
violations, and requiring such employees to arrange
That the City Clerk forward certified copies of this
payment of any debts in one sum or to consent to
resolution to members of the WNY State Delegation.
having their wages garnished until payment of their
ADOPTED
debts is made in full; and
Now, Therefore, Be It Finally Resolved That:
NO. 150
This resolution be sent to the appropriate Council
By: Mr. Golombek
Committee, Human Resources and Civil Service
Co-Sponsors: Mr. Davis & Mr. Fontana
Administration for further consideration.
REVIEW OF OPERATIONAL REDUNDANCY AND
REFERRED TO THE COMMITTEE ON LEGISLATION,
DUPLICITY
CIVIL SERVICE ADMINISTRATION, COMMISSIONER
Whereas: The City has spun-off certain of its
OF HUMAN RESOURCES, CORPORATION
operations, most notably the Buffalo Urban Renewal
COUNSEL.
Agency, (BURA), the Buffalo Municipal Housing
Authority (BMHA), the Buffalo Sewer Authority (BSA)
NO. 149
and the Buffalo Board of Education (BBOE); and
By: Mr. Golombek
Whereas: These agencies have during their existence
ALBANY'S DOUBLE STANDARD TOWARD THE
created and expanded their internal operations in areas
CITY OF BUFFALO
such as Buildings and Grounds, Engineering, Finance
th
Whereas, On June 10a Buffalo News article (Accounting, Auditing, Budgeting), Human Resource,
indicated that state legislators want the County Information Technology, Legal, Mailroom, Printing and
Legislature to pass a resolution asking the state to Purchasing services; and
impose a control board; and Whereas: This internal expansion has resulted in the
Whereas, State Senator Dale Volker is quoted as creation of job titles and/or roles and responsibilities
saying "The feeling is we ought to have the County that are similar if not identical to those not only within
Legislature express their will on the control board"; and the other agencies cited but to those currently existing
Whereas, The State Legislature treated Buffalo very within the City, creating at the very least, duplicity; and
differently when it came to a city control board, as the Whereas: The City has reduced its operating costs by
Common Council's opinion was never sought on eliminating unnecessary duplication of effort and
whether a control board should be established for the potential overstaffing by opting to use a central
City, the State Legislature simply mandated a control department approach to provide the cited services to all
board for Buffalo; and city-wide departments, as distinguished from the
scenario of each department creating it's own internal ADOPTED
service and support functions; and AYES-COPPOLA, FONTANA, FRANCZYK,
Whereas: The autonomy enjoyed by each agency has GOLOMBEK, RUSSELL-5
by its very nature created and perpetuated a failure to NOES-BONIFACIO, CONRAD, DAVIS-3.
pool efforts toward a common cause, and further
created in many cases, a "we vs. them" mindset; and NO. 152
Whereas: Sadly, this redundancy and duplicity is BY: Mr. Thompson
funded by the taxpayers and is at the very least, a AUTHORIZING RESOLUTION AMENDMENT OF
questionable use of taxpayer resources; and GROUND LEASE OF SCHOOLS AND AMENDMENT
Whereas: The escalating cost of operations both in OF AMENDED AND RESTATED STATE AID TRUST
supplies and services requires all levels of AGREEMENT
management and staffing to explore new ways to limit WHEREAS: the Buffalo City School District ("the
and address spiraling costs; District"), in cooperation with the City of Buffalo ("the
Now Therefore Be It Resolved: City") and the Joint Schools Construction Board ("the
That the BURA, BMHA, BSA and BBOE furnish this JSCB"), has undertaken a comprehensive program to
Council with the following information for the current redevelop the educational facilities ("the Program"), is
and upcoming (2004-05 & 2005-06) Budget years: nearing completion of Phase I of the Program and has
1. The staffing titles and salaries of Directors, commenced Phase II of the Program; and
Supervisors, and related staff (or individuals performing WHEREAS: pursuant to Chapter 605 of the Laws of
essentially the same tasks) for the following functional 2000, as amended by Chapter 59 of the laws of 2003
areas: Budgeting, Accounting, Auditing, Purchasing, and Chapter 421 of the Laws of 2004 ("the Buffalo
Engineering, Buildings and Grounds, Human Schools Redevelopment Act"), Phases I and II of the
Resources and Information Technology Program ("the Phase I Project" and "the Phase II
2. The related fringe benefit costs to include but not be Project") have been financed through the Erie County
limited to health and welfare costs, allowances and Industrial Development Agency ("ECIDA"); and
related fringe benefit costs (take-home vehicles, WHEREAS: the Common Council of the City authorized
stipends, etc) a Ground Lease of certain Phase I Project educational
ST
ADOPT 1 RES., REMAINING-BUDGET. facilities to ECIDA and a state aid trust agreement by
Resolution No. 143, adopted at a session held on
NO. 151 October 1, 2002, and authorized an Amended and
By: Mr. Golombek & Mr. Thompson Restated State Aid Trust Agreement by Resolution No.
REMOVING ELECTED OFFICIALS AS VOTING 133, adopted at a session held on November 16, 2004;
MEMBERS OF THE BUFFALO FISCAL STABILITY and
AUTHORITY (BFSA) WHEREAS: it would be in the best interests of the
Whereas, Prior to the creation of the BFSA, the Council Program, the City, the District and the JSCB to amend
by a vote of 9 to 3 adopted a resolution on June 10, the said Ground Lease and the said Amended and
2003 calling for the BFSA to consist of financial experts Restated State Aid Trust Agreement so as: (1)to
and not politicians; and change the structure of the Phase I Project by
Whereas, In spite of the expressed position of the converting the Facilities Agreement from a sublease
Buffalo Common Council, the BFSA was formed with agreement to an installment sale agreement, and
the Mayor and the County Executive each being thereby eliminate the need for liability insurance
provided the power to make an appointment to the coverage of ECIDA after construction has been
BFSA Board of Directors; and completed and until the Series 2003 Bonds have been
Whereas, Both the Mayor and the County Executive paid; (2) to allow the earnings of the Debt Service
appointed themselves to the BFSA Board of Directors; Reserve Fund for the Series 2003 Bonds and Series
and 2004 Bonds to flow to the Bond Fund rather than the
Whereas, One of the significant reasons that the City of Project Fund after the Project Fund has been fully
Buffalo and the County of Erie are in fiscal crisis is due funded, and thereby to reduce the cash amount of the
to years of bad political leadership and District's next Facilities Agreement payments and
mismanagement; and increase the District's short term cash flow for
Whereas, The fiscal crisis which exists in the County of operations; and (3) to allow the trustee for the Series
Erie has once again made it clear that our political 2003 and Series 2004 bondholders to account for
leaders have failed us, which may result in yet another anticipated Debt Service Reserve Fund earnings in
Control Board being formed; and calculating the amount to be withheld from state aid to
Now Therefore Be It Resolved, That the Buffalo fund the District's Facilities Agreement payments each
Common Council supports amending the BFSA year and thereby to improve the District's short term
enabling legislation to reduce the size of the BFSA from cash flow for operations;
nine directors to seven by removing the appointment NOW, THEREFORE, BE IT RESOLVED THAT:
power of the County Executive and the Mayor. Section 1. The Common Council of the City hereby
Be It Further Resolved: That the Buffalo Common determines and makes appropriate legislative findings
Council supports having the Erie County Executive and that the amendments of the Ground Lease and the
the Buffalo Mayor serve as Ex-Officio non-voting Amended and Restated State Aid Trust Agreement are
members of the BFSA. beneficial for the residents of the City and will promote
Be It Finally Resolved, That the City Clerk forward educational opportunities to the residents of the City of
certified copies of this resolution to Governor George Buffalo.
Pataki, Senate Majority Leader Joseph Bruno, Section 2. In furtherance of the Program, the Common
Assembly Speaker Sheldon Silver, State Comptroller Council of the City hereby authorizes amendment of the
Alan Hevesi, Members of the WNY State Delegation Ground Lease and amendment of the Amended and
and Brian Lipke BFSA Board Chair. Restated State Aid Trust Agreement for the aforesaid
Joseph Golombek, Jr. purposes and for the benefit of the Program.
Section 3. The Common Council of the City and the That the following persons are hereby appointed as
Board of Education of the School District, along with Commissioner of Deeds for The term ending December
their properly authorized agent, the JSCB, are hereby 31, 2006, conditional upon the persons so appointed
authorized to execute necessary or appropriate certifying under oath to their qualifications and filing
documents to effect the said amendments of the same with the City of Buffalo
Ground Lease and the Amended and Restated State Martin Grunzweig Deardra Austin
Aid Trust Agreement, and the Mayor of the City is Murray Holman Patricia Jackson
hereby designated the authorized representative of the Hoa Mai Donald Po-Chedley
Common Council of the City and he is hereby Marguerita Spears Gracine Barone
authorized and directed to execute and deliver any and Ellen Burke Albert Diamico
all papers, instruments, agreements, opinions, Cheryl Kennedy Cynthia Rose
certifications, affidavits and other documents and to do Josephine Perez James Messina
and cause to be done any and all acts and things Tyrone Hargrove Michael Merriweather
necessary or proper for the carrying out of the Sharon Alexander Peter Jankowski
resolution and any instrument, agreements or other John Meegan Paula Prince
documents authorized hereby, and any prior actions Sheela Suchak Peter Barone
taken to effectuate the Phase I Project or the Phase II Brenda Commodore Serena Ounson
Project by the JSCB are hereby ratified. Joyce Quackenbush Tina Lane
Section 4. No stipulation, obligation or agreement Donna Raimondo
contained in this resolution, the Ground Lease, the
Amended and Restated State Aid Trust Agreement, or Total: 27
the said amendments, or any other documents ADOPTED
executed by the City pursuant to the Ground Lease, the
Amended and Restated State Aid Trust Agreement, the NO. 155
said amendments, or any agreement in furtherance ANNOUNCEMENT OF COMMITTEE MEETINGS
hereof shall be deemed to be a stipulation, obligation or The following meetings are scheduled. All meetings are
th
agreement of any member of the Common Council,
held in the Common Council Chambers, 13floor City
officer, agent or employee of the City in his or her
Hall, Buffalo, New York, unless otherwise noted.
individual capacity and neither the members of the
Regular Committees
Common Council of the City nor any officer executing
Committee on Civil Service Tuesday, June 21, 2005 at
any of the agreements authorized by this Resolution
9:30 o'clock A.M.
shall be liable personally on such agreements or be
Committee on Finance following Civil Service
subject to any personal liability or accountability by
Tuesday, June 21, 2005 at 10:00 o'clock A.M.
reason thereof.
Committee on Legislation Tuesday, June 21, 2005 at
Section 5. This resolution shall take effect immediately
2:00 o'clock P.M.
upon approval of the Mayor of the City.
Committee on Comm. Dev. Wednesday, June 22, 2005
PASSED.
at 10:30 o'clock A.M.
AYES-9. NOES-0.
Special Committees
Taxi & Livery Ad Hoc Committee Thursday, June
NO. 153
16, 2005 at 10:00 o'clock A.M. in Room 1417 City Hall.
BY: Mr. Thompson
Special Finance Committee Meeting Monday, June 20,
APPOINTMENTS COMMISSIONER OF DEEDS
2005 at 2:00 o'clock P.M. in Room 1417 City Hall on
That the following persons are hereby appointed as
City Street Lighting.
Commissioner of Deeds for the term ending December
Bi-National Bridge Thursday, June 23, 2005 at 2:00
31, 2006, conditional, upon the person so appointed
o'clock P.M. in Room 1417 City Hall.
certifying under oath to their qualifications and filing
Special MBEC Meeting Monday, June 27, 2005 at
same with the City Clerk:
10:00 o'clock A.M. in Room 1417 City Hall
Renee Woloszyn Ed Hennessy
Special Comm. on Education Wednesday, June 29,
Donald Oakley Mark Adamchick
2005 at 2:00 o'clock P.M. in the Council Chambers
Timothy Whalen Casey Wilson
(Public Disclaimer): All meetings are subject to change
Theresa Guenther Tonia Lee
and cancellation by the respective Chairmen of Council
Janet Boddie Sandra Jackson
Committees. In the event that there is sufficient
John Swenton Jr Chris Brown Jr
time given for notification, it will be provided. In addition,
Patrick Caetano Lorraine Turchiarri
there may be meetings set up whereby the City Clerk's
Cynthia Dorman Robert Coniglio
Office is not made aware; therefore, unless we receive
Richard Finnegan Elizabeth Smith
notice from the respective Chairmen, we can only make
Daniel Wilson Angia Gray
notification of what we are made aware.
Venecia Smith Sharon Salter
Zachary Kay Robert Boryszewski
NO. 156
Frank Bostic David Pfaff
ADJOURNMENT
On a motion by Mr. Coppola, Seconded by Mr.
Total: 26
Fontana, the Council adjourned at 3:35 P.M.
ADOPTED
Gerald A. Chwalinski
City Clerk
NO. 154
BY: Mr. Thompson
APPOINTMENTS
COMMISSIONERS OF DEEDS
REQUIRED FOR THE PROPER
PERFORMANCE OF PUBLIC DUTIES