HomeMy WebLinkAbout05-0517
No.10
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
MAY 17, 2005
PENSION PROCEEDINGS
MAY 19, 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 NO.2
CITY HALL - BUFFALO Monthly Report- Division of Citizen
TUESDAY, MAY 17, 2005 Services- April 2005
AT 2:00 P.M. Attached for your review is the following: (1) Chart of
Service Calls for April 2005, (2) Chart of Service Calls
PRESENT – David A. Franczyk, President of the for April 2004- for comparative purposes, and (3) Chart
Council, and Council Members Bonifacio, Conrad, of "Open" calls for March 2005, as of April 30, 2005.
Coppola, Davis, Fontana, Golombek, Russel AND Service calls were dramatically up in April from March,
Thompson -9 2,271 to 3,337. Some of the increases in calls are
seasonal, such as inspection requests, calls about bulk
On a motion by Mr. Coppola seconded
garbage pick up, user fee bills and forestry calls.
What is not typical, is the increase in broken garbage
by Mr.Fontana, the minutes of the stated meeting
tote calls. All sanitation workers have received written
held on May 3, 2005 were approved
warnings concerning any intentional abuse of the
FROM THE MAYOR
garbage totes and sanitation supervisors have
increased their oversight of garbage pick ups on all
No. 1
routes. The number of reported broken garbage totes
Veto Message
has decreased since the above measures have been
Local Law lntro. No. 5 (2005)
taken.
Commissioner of Strategic Planning, Establishment
The attached Open calls Chart for March 2005, shows
of
excellent follow through by the building inspectors and
(Item No. 91, C.C.P., April 19, 2005)
the County-Forestry unit.
I am returning herewith the above referenced resolution
Garbage tote changes and replacements of broken or
which I have disapproved. The resolution would
stolen totes reflects a backlog of over four weeks.
restructure city government by establishing the
Sanitation supervisors have put extra man hours into
Department of Strategic Planning and likewise establish
bringing the tote services back into a 30 day response
the position of Commissioner of Strategic Planning.
period.
For nearly two years, a Charter Revision Commission
Overall, the additional calls to the Mayor's Hotline
studied the organizational structure of city government
represent calls from constituents who have faith in the
and submitted a revised City Charter for a vote by the
system and want results from city departments. All city
electorate through referendum on November 2, 1999.
departments are responding to the service calls in a
The referendum was passed overwhelmingly enacting
timely manner and are making adjustments to their
into law the recommendations of the Charter
operations when required.
Committee. At the forefront of the reforms proposed in
As always, I hope that you find this information helpful.
the revised Charter was the establishment of the Office
RECEIVED AND FILED
of Strategic Planning as a Division of the Mayor-
Executive Department and headed by the Executive
NO. 3
Director of Strategic Planning who reports directly to the
(Item #133, CCP May 3, 2005)
Mayor.
Recycling Rates in City
The establishment of the Office of Strategic Planning,
The Division of Citizen Services recycles all of its used
and the Executive Director of Strategic Planning directly
paper and cardboard in city recycling boxes that are in
in the Mayor-Executive Department was specifically
numerous locations throughout our office. The recycling
done to give added importance and coordination to the
boxes are picked up daily by City Hall personnel. Other
planning function for all city departments and agencies
items that are recyclable, such as plastic, metal, and
giving it the extra authority of the Mayor and Mayor's
glass can be put in a green recyclable tote, which is
Office. The provision intentionally added greater
located in the hallway, next to our office in room 218.
emphasis to the role of the Executive Director and the
Since the green recyclable tote was placed outside our
function of the Office of Strategic Planning recognizing
office three weeks ago, very few items have been
its duties as Executive Department prerogatives.
placed in it. However, it appears that very few items are
There is a misconception that establishing the
brought into City Hall by my staff that are recyclable.
Department of Strategic Planning with the
For instance, most staff have personal water bottles,
corresponding position of Commissioner of Strategic
and use plastic containers that can be washed and
Planning will not diminish any of the role, duties or
reused when they bring food into work.
effectiveness of operations and responsibilities of the
As the director of the division, I have taken
existing Office of Strategic Planning. However,
responsibility for overseeing the office's recycling
establishing Strategic Planning as a department places
efforts. I have also volunteered to place the city's three
it on the same plane as other municipal departments
recycling totes on the curb by the Mayor's garage on
rather than the higher status of the Mayor's Office as
Tuesday mornings, since this effort was started three
intended by the Charter.
weeks ago, where BFI picks it up between 10 a.m. and
I therefore disapprove and veto the establishment of the
noon.
Department of Strategic Planning and the
In closing, I have received several e-mails from city
position of Commissioner of Strategic Planning as
employees who would like to see a green recycle tote
described in Local Law Intro. No. 5 because it
for metal, plastics, and glass on each floor in City Hall.
diminishes the authority of the Mayor.
While this is a legitimate request, it would require City
REFERRED TO COMMITTEE ON LEGISLATION
Hall staff to police the totes and to make sure that the
materials were disposed on a regular basis, rather than
FROM THE MAYOR - EXECUTIVE DEPARTMENT
volunteers.
This office is committed to do whatever it can to
FROM THE OFFICE OF CITIZEN SERVICES
increase the recycling participation rate in City Hall.
REFERRED TO THE COMMITTEE ON FINANCE
Lamar Advertising of Penn, LLC. The annual rental is
FROM THE BUFFALO PRESERVATION BOARD $3,600.
If you need an additional information, please let me
NO. 4 know.
"Demolition by Neglect" REFERRED TO THE COMMITTEE ON LEGISLATION
Res. # 129 CCP April 19, 2005
NO. 6
The Buffalo Preservation Board whole heartly supports
Results of Negotiations
the intent of Resolution #129, "Demolition by Neglect".
622 East Ferry, 401' E Humboldt
While there are screaming examples of "demolition by
Vacant Lot: 30' x 120'
neglect" within the city's historic preservation districts
Assessed Valuation: $2,100
such as "The Schmidt" and "The Vernor" Buildings,
MASTEN
there are those precious buildings that do not enjoy the
The Office of Strategic Planning, Division of Real Estate
public oversight provided by our preservation
has received a request to purchase 622 East Ferry
ordinances; the "Atwater House" on Elmwood Avenue
Street from Mr. Robert Boyd and Mrs. Mary Vance-
north of Pano's is a striking example of demolition by
Boyd, 121 Morningside Drive, Grand Island, New York
neglect both by the owner, the city inspection process,
14072. Mr. and Mrs. Boyd own a two family home at
and the court process. Yet the "Atwater House" is an
624 East Ferry Street and intend to use 622 East Ferry
important and contributing building to the character of
Street for additional yard space.
Elmwood Avenue. The point here is that no building in
The Division of Permit and Inspection Services and the
this city ought to be allowed to deteriorate to a point
Division of Collections have no objections to the sale.
where demolition is the only alternative in the protection
There are no building code violations, taxes or other
of the public health, safety and welfare.
liens owed to the City of Buffalo by the purchasers.
We believe that the proposed legislation ought not be
The Division of Real Estate has investigated the sale of
limited to just historic properties or landmarked
similar residential vacant lot properties in the subject
buildings. It ought to apply to all buildings in the City of
area. Sales prices range from fifty-eight cents (.58) to
Buffalo. There ought to be a grace period to allow
one dollar ($1.00) per square foot.
building owners to repair their properties. The penalties
The results of our negotiations are that Mr. and Mrs.
need to be severe (if not draconian) to send a message
Boyd are prepared to pay two thousand one hundred
to owners that the city will not tolerate neglect any
dollars ($2,100), which is fifty-eight cents (.58) a square
longer.
foot for this vacant lot. They have also agreed to pay for
The legislation needs to address a methodology
the cost of the transfer tax, recording fees and cost of
whereby the city's Housing Court process could be
the legal description.
streamlined. Legal delays not only add to the decay of
I am recommending that Your Honorable Body approve
neglected buildings, Again, look at the "Vernor
the sale of
Building"; a few years ago the city removed the large
622 East Ferry Street to Mr. and Mrs. Boyd in the
billboard system from the roof but failed to properly
amount of two thousand one hundred dollars ($2,100). I
mothball that roof. So the "Vernor" building deteriorated
am further recommending that the Corporation Counsel
beyond saving.
prepare the necessary documents for the transfer of
The city's building inspection process needs to be
title and that the Mayor be authorized to execute the
carefully looked at. It may need more clout than
same.
currently exists and it may need more inspectors. Prior
Mr. Coppola moved:
to any legislation, there needs to be a comprehensive
That the above communication from the Office of
look at the existing enforcement system and any new
Strategic Planning, Division of Real Estate, dated May
law ought to address the shortfalls that exist.
11, 2005, be received and filed; and
The Buffalo Preservation Board welcomes any changes
That the offer from Mr. Robert Boyd and Mrs. Mary
that will stem what it sees as Buffalo's worse problem,
Vance-Boyd, residing at 121 Momingside Drive, Grand
demolition by neglect. But those changes need to
Island, in the sum of two thousand and one hundred
address the problem is as comprehensive manner as
dollars ($2,100.00) for the purchase of 622 East Ferry,
possible.
be and hereby is accepted; and
REFERRED TO THE COMMITTEE ON LEGISLATION
That the appraisal requested by the City of Buffalo shall
be paid by the purchaser;
FROM THE OFFICE OF STRATEGIC PLANNING
and
That the transfer tax, recording fees and cost of legal
NO. 5
description shall be paid by the purchaser; and
Response to 1318 Niagara
That the Corporation Counsel be authorized to prepare
This letter is in response to your letter dated May 6,
the necessary documents for the transfer of title and
2005 in reference to the old Schaeffer Brewery Building
that the Mayor be authorized to execute the same, in
located at 1318 Niagara. Please be advised of the
accordance with the terms of sale upon which the offer
following:
was submitted.
1. The Division of Inspections requested the City to
PASSED
acquire 1318 Niagara Street due to the condition of the
AYES – 9 NOES – 0
building. The City took title to the property through Tax
Foreclosure Auction In-Rem #38. The date of transfer
NO. 7
was November 16, 2004. The Inspections Office is in
Result of Negotiations
the process of obtaining bids for demolition. The vacant
149 Lombarf 105’ N Paderewski
land will be marketed after the demolition is complete.
Lot Size 30’ x 108’
2. Since the City foreclosed on this property, there are
Assessed Valuation $1,400.00
no back taxes owed at this time. The foreclosure
153 Lombard, 135' N Paderewski
process wiped out the taxes.
Lot Size: 30' x 108'
3. This property has been added to the lease with
Assessed Valuation: $1,400.00 prices range from thirty-five cents (.35) to one dollar
(Fillmore District) ($1.00), per square foot.
The Office of Strategic Planning, Division of Real Estate The results of our negotiations are that Mr. Klima has
has received a request to purchase the above agreed and is prepared to pay two thousand two
captioned City properties from Mr. Robert Redanz, 149 hundred dollars ($2,200), thirty-eight cents (.38) per
Playter Street, Buffalo, New York 14212. Mr. Redanz square foot, for the subject property. Mr. Klima has also
owns 161,157 and 155 Lombard, which are all two agreed to pay for the cost of the transfer tax, recording
family homes adjoining 149 and 153 Lombard Street. fees and cost of the legal description.
These vacant lots will be used for additional yard I am recommending that Your Honorable Body approve
space. the sale of
The Division of Permit and Inspection Services and the 114 Roseville Street to Mr. Gerald J. Klima in the
Division of Collections have no objections to the sale. amount of two thousand two hundred dollars ($2,200). I
There are no building code violations, taxes or other am further recommending that the Corporation Counsel
liens owed to the City by the purchaser. prepare the necessary documents for the transfer of
The Division of Real Estate has investigated the sale of title and that the Mayor be authorized to execute the
similar properties in the subject area. Sales prices same.
range from forty cents (.40) to fifty-seven cents (.57), Mr. Coppola moved:
per square foot. That the above communication from the Office of
The results of our negotiations are that we have agreed Strategic Planning, Division of Real Estate, dated May
to a sales price of two thousand nine hundred dollars 11, 2005, be received and filed; and
($2,900), forty-five cents (.45) per square foot, for the That the offer from Mr. Gerald J. Klima, residing at 85
subject properties. Mr. Redanz has also agreed to pay Roseville Street, in the sum of two thousand and two
for the cost of the transfer tax, recording fees and cost hundred dollars ($2,200.00) for the purchase of 114
of the legal descriptions. Roseville Street, be and hereby is accepted; and
I am recommending that Your Honorable Body approve That the appraisal requested by the City of Buffalo shall
the sale of 149 and 153 Lombard Street for two be paid by the purchaser;
thousand nine hundred dollars ($2,900) to Mr. Robert That the transfer tax, recording fees and cost of legal
Redanz. I am further recommending that the description shall be paid by the purchaser; and
Corporation Counsel prepare the necessary documents That the Corporation Counsel be authorized to prepare
for the transfer of title and that the Mayor be authorized the necessary documents for the transfer of title and
to execute the same. that the Mayor be authorized to execute the same, in
Mr. Coppola moved: accordance with the terms of sale upon which the offer
That the above communication from the Office of was submitted.
Strategic Planning, Division of Real Estate, dated May PASSED
11, 2005, be received and filed; and AYES – 9 NOES – 0
That the offer from Mr. Robert Redanz, residing at 149
NO. 9
PlaNer Street, in the sum of two thousand and nine
hundred dollars ($2,900.00) for the purchase of 149
Results of Negotiations
and 153 Lombard Street, be and they hereby are
82 Waverly, 175' S Ferry
accepted; and
Lot Size: 25' x 100'
That the appraisal requested by the City of Buffalo shall
Assessed Valuation:
be paid by the purchaser;
Land: $1,300
That the transfer tax, recording fees and cost of legal
Total: $28,500
description shall be paid by the purchaser; and
(Masten District)
That the Corporation Counsel be authorized to prepare
The Office of Strategic Planning, Division of Real
the necessary documents for the transfer of title and
Estate, has received a request to purchase 82 Waverly
that the Mayor be authorized to execute the same, in
Street from Ms. Tiffany Williams, 414 Masten Avenue,
accordance with the terms of sale upon which the offer
Buffalo, New York 14209. Ms. Williams intends to bring
was submitted.
the two family dwelling into code compliance and use
PASSED
as a rental property and place of residence.
AYES – 9 NOES – 0
The purchaser has provided the Division of Real Estate
with a plan to rehabitate the house and proof of
NO. 8
financial ability to complete the purchase and repairs.
Results of Negotiations
This two story, 2,142 square foot, two family frame
114 Roseville, on E Line Hydraulic
dwelling was acquired by the City of Buffalo through a
Lot Size: 25' x 266'
tax foreclosure in 2002, situate on a lot 25' x 100' in fair
Assessed Valuation: $2,200.
condition.
FILLMORE
The Department of Permits and Inspection Services
The Office of Strategic Planning, Division of Real Estate
and the Division of Collections have no objections to
has received a request to purchase114 Roseville Street
the sale. There are no code violations, taxes or other
from Mr. Gerald J. Klima, 85 Roseville Street, Buffalo,
liens owed to the City of Buffalo by the purchaser.
New York 14201. Mr. Thomas owns and resides at 85
The Division of Real Estate has investigated the sale of
Roseville Street and intends to use this vacant lot for a
similar houses in the subject area. Sales prices range
play area for his children.
from one dollar ($1.00) to four dollars and fourteen
The Division of Permit and Inspection Services and the
cents ($4.14), per square foot of living area.
Division of Collections have no objections to the sale.
The results of our negotiations are that Ms. Tiffany
There are no building code violations, taxes or other
Williams has agreed and is prepared to pay five
liens owed to the City by the purchaser.
thousand five hundred dollars ($5,500), two dollars and
The Division of Real Estate has investigated the sale of
fifty-seven cents ($2.57) per square foot living area.
similar residential vacant lots in the subject area. Sale
She has also agreed to pay for the cost of transfer tax,
recording fees and cost of the legal description. 892 Woodlawn, 146.15' E Kehr
I am recommending that Your Honorable Body approve Lot Size: 28' x 103'
the sale of Assessed Valuation: $1,900.
82 Waverly Street to Ms. Tiffany Williams in the amount The Office of Strategic Planning, Division of Real Estate
of five thousand five hundred dollars ($5,500). I am has received a request to purchase 892 Woodlawn
further recommending that the Corporation Counsel Avenue from Fitzgerald Long of True Bethel Baptist
prepare the necessary documents for the transfer of Church, 907 East Ferry Street, Buffalo, New York
title and that the Mayor be authorized to execute the 14211. True Bethel Baptist Church intends to use this
same. vacant lot for parking and future expansion.
Mr. Coppola moved: The Division of Permit and Inspection Services and the
That the above communication from the Office of Division of Collections have no objections to the sale.
Strategic Planning, Division of Real Estate, dated May There are no building code violations, taxes or other
11, 2005, be received and filed; and liens owed to the City by the purchaser.
That the offer from Ms. Tiffany Williams, residing at 414 The Division of Real Estate has investigated the sale of
Masten Avenue, in the sum of five thousand and five similar residential vacant lots in the subject area. Sale
hundred dollars ($5,500.00) for the purchase of 82 prices range from thirty cents (.30) to sixty-five cents
Waverly Street, be and hereby is accepted; and (.65), per square foot.
That the appraisal requested by the City of Buffalo shall The results of our negotiations are that True Bethel
be paid by the purchaser; Baptist Church has agreed and is prepared to pay one
That the transfer tax, recording fees and cost of legal thousand nine hundred dollars ($1,900), sixty-five cents
description shall be paid by the purchaser; and (.65) per square foot, for the subject properly. The
That the Corporation Counsel be authorized to prepare church has also agreed to pay for the cost of the
the necessary documents for the transfer of title and transfer tax, recording fees and cost of the legal
that the Mayor be authorized to execute the same, in description.
accordance with the terms of sale upon which the offer I am recommending that Your Honorable Body approve
was submitted. the sale of
PASSED 892 Woodlawn Avenue to True Bethel Baptist Church in
AYES – 9 NOES – 0 the amount of one thousand nine hundred dollars
($1,900). I am further recommending that the
NO. 10 Corporation Counsel prepare the necessary documents
Results of Negotiations for the transfer of title and that the Mayor be authorized
257 West, 103' SE Penna to execute the same.
Lot Size: 27' x 60' Mr. Coppola moved:
Assessed Valuation: $3,100. That the above communication from the Office of
(Ellicott Distrct) Strategic Planning, Division of Real Estate, dated May
The Office of Strategic Planning, Division of Real Estate 11, 2005, be received and filed; and
has received a request to purchase 257 West Avenue That the offer from Fitzgerald Long of True Bethel
from Mr. Patrick J. Thomas, 289 Pennsylvania Street, Baptist Church, 907 East Ferry Street, in the sum of
Buffalo, New York 14201. Mr. Thomas owns and one thousand and nine hundred dollars ($1,900.00) for
resides at 289 Pennsylvania Street, which is adjacent to the purchase of 892 Woodlawn Avenue, be and hereby
257 West Avenue and intends to use this vacant lot for is accepted; and
additional yard space. That the appraisal requested by the City of Buffalo shall
The Division of Permit and Inspection Services and the be paid by the purchaser;
Division of Collections have no objections to the sale. That the transfer tax, recording fees and cost of legal
There are no building code violations, taxes or other description shall be paid by the purchaser; and
liens owed to the City by the purchaser. That the Corporation Counsel be authorized to prepare
The Division of Real Estate has investigated the sale of the necessary documents for the transfer of title and
similar residential vacant lots in the subject area. Sale that the Mayor be authorized to execute the same, in
prices range from fifty cents (.50) to one dollar and fifty accordance with the terms of sale upon which the offer
cents ($1.50), per square foot. was submitted.
The results of our negotiations are that Mr. Thomas has PASSED
agreed and is prepared to pay one thousand seven AYES – 9 NOES – 0
hundred dollars (1,700), one dollar ($1.00) per square
foot, for the subject property. Mr. Thomas has also NO. 12
agreed and is prepared to pay for the cost of the Sale of 231 Trenton,
transfer tax, recording fees and cost of the legal 100' NW Virginia
description. Lot Size: 75' x 100' wap 10' x 75'
I am recommending that Your Honorable Body approve in SE Corner
the sale of Ellicott
257 West Avenue to Mr. Patrick J. Thomas in the Item #17, C.C.P. 7/22/03
amount of one thousand seven hundred dollars In the above referenced Item Your Honorable Body
($1,700). I am further recommending that the approved the exchange of the City-owned parcel of
Corporation Counsel prepare the necessary documents land at 231 Trenton Street for land owned by Primera
for the transfer of title and that the Mayor be authorized Iglisia Methodista Unida Church at 253 Busti Avenue.
to execute the same. The Church is unable to acquire and transfer clear title
REFERRED TO THE COMMITTEE ON COMMUNITY to 253 Busti to the City of Buffalo. The Church has now
DEVELOPMENT offered to acquire 231 Trenton in the amount of twenty
three hundred dollars, ($2,300), which is thirty cents
NO. 11 (.30) per square foot. Sales prices in the area range
Results of Negotiations from thirty cents (.30) to fifty cents (.50) per square foot.
The Church will pay for the cost of the transfer tax, NO. 14
recording fees and cost of the legal description. BMHA Board members Fees and expenses
I am recommending that Your Honorable Body rescind Item No. 1311, C.C.P. 5/3/05
Your prior approval of the exchange of properties and The request from the Council was to determine if there
approve the sale of 231 Trenton to Primera Iglisia are any payments made currently to BMHA.
Methodisto Unida Church in the amount of twenty three Buffalo Municipal Housing Authority (BMHA) funds
hundred dollars ($2,300). were budgeted in account 17210006 435001 BMHA
I am further recommending that the Corporation Fringes to cover the stipends and fringe benefits for
Counsel prepare the necessary documents for the BMHA board members.
transfer of title and that the Mayor be authorized to The letter requesting the payment states that this is "in
execute the same. accordance with the City Budget" and does not
Mr. Coppola moved: reference a contract.
That the above communication from the Office of No monies were budgeted in this line for the 2004-05
Strategic Planning, Division of Real Estate, dated May fiscal year or are requested in the 2005-06 budget.
10, 2005, be received and filed; and Amount expensed in 2002-03 was $42,910.28 and the
That the Common Council rescind their prior approval amount expensed in 2003-04 was $68,186.79.
of the exchange of properties as more fully contained in A review of the W-2 and other payroll information from
Item No. 17, C.C.P., July 22, 2003 and that the offer BMHA reflects the director's fees as $2,000 each per
from Primera Iglisia Methodisto Unida Church, 253 year and $2,500 for the chairperson which being paid.
Busti Avenue, in the sum of two thousand and three Whatever expenses were, or will be paid in the future
hundred dollars ($2,300.00) for the purchase of 231 would be included in a subsequent audit of BMHA.
Trenton, be and hereby is accepted; and REFERRED TO THE COMMITTEE ON BUDGET
That the appraisal requested by the City of Buffalo shall
be paid by the purchaser; NO. 15
That the transfer tax, recording fees and cost of legal Mayor's Budget Proposal
description shall be paid by the purchaser; and It is my charter duty as city comptroller to offer my
That the Corporation Counsel be authorized to prepare observations on the accuracy of revenue and
the necessary documents for the transfer of title and expenditure assessments contained in the
that the Mayor be authorized to execute the same, in administration's proposed budget. My office has
accordance with the terms of sale upon which the offer completed a review of the administration's proposed
was submitted. 2005-2006 budget. In brief summary, we estimate
PASSED revenues to be understated by $1.987 million and
AYES –9 NOES – 0 expenditures to be understated by $134,497. This
should not he interpreted that we believe there is $1.8
NO. 13 million available for adjustments. In a budget totaling
"Zoning Board of Appeals Process" more than $384 million, the $1.8 million potential
Item #144 CCP may 3, 2005 surplus is reasonable. We believe that the biggest piece
In response to the above referenced item, please be of the revenue understatement occurs in real property
advised of the following: tax, where if collections stay at the current level, we
1. Appeals heard by the ZBA have always been filed in expect an approximate $1 million surplus over the
Room 301, City Hall; the Permit office. They must be plan's projection. On the issue of state aid, the 2005-06
filed there because an inspector must deny a permit budget amount of $115 million reflects $13 million in
application before an appeal is taken. This process additional state aid. However, the figures do not include
could not be completed in Room 901. BFSA's operating or borrowing costs. The 2004-05 third
2. Zoning Board agendas and results are now posted quarter gap report shows additional state aid of $4.7
on the City of Buffalo website. million yet there is no corresponding reduction in the
3. The appeal fee of $75 has been in effect since at mayor's proposed '05-06 plan. We are assuming this
least the late 1980's. I have suggested, several times, will be covered by spin up state aid that BFSA will
to the budget office that it should be raised. A short intercept from the city in June 2005. I should note that
telephone survey reveals that Amherst and we are concerned that the proposal does not include a
Cheektowaga charge $100 per appeal and Orchard deficit reduction plan for the Enterprise Solid Waste
Park $75. fund, now that the city has reassumed control of the
4. The Board is aware of New York State requiring transfer station. The approximate $10.7 million Solid
notice publication in a widely circulated publication. Waste deficit, which was to have been reduced by $1.2
This, however, is an expensive process and there is million before the transfer station was returned to the
only one newspaper, which qualifies. I have attempted city, continues to be a concern.
to include funds for this purpose in our budget requests RECEIVED AND FILED
and: the funds were never provided. The Board is
willing and able to pursue this process if the funds are NO. 16
allocated. Please be advised, however, that publication Recycling Rate in
would add approximately $25-35 in additional City Hall
application fees per appeal even when the application Item No. 133, C.C.P. May 3/05
th
is for a relatively small addition or improvement to a
The Comptroller's functions on the 12floor of City
property. Perhaps the New York State publication law
Hall have blue containers for recyclable material
should be reviewed in light of the other electronic
(mostly paper). There are few items, except for lunch
means of publicizing the agenda.
items, which are not in the blue containers. In addition,
REFERRED TO THE COMMITTEE ON LEGISLATION
the bottles, whether glass or plastic are also
accumulated in the lunchroom for the City building
FROM THE COMPTROLLER
personnel to take.
The building personnel accumulate the garbage and the
recyclable material on a regular basis and dispose of. Law and the Rules and Regulations of the Office of
The other recyclable material involves confidential Real Property Service.
payroll computer runs that are place in a recyclable Upon approval of this Certificate, kindly direct the City
container with a lock on it. The Records Retention Clerk to sign, date and forward said Certificate to the
personnel pick up this material when we call them, and New York State Office of Real Property Service,
deliver an empty locked container in its place. Equalization Rate Bureau, 16 Sheridan Avenue,
REFERRED TO THE COMMITTEE ON FINANCEAlbany, New York 12210-2714. Also, kindly direct the
City Clerk to furnish this department with a copy of the
NO. 17 approved Certificate.
RECYCLING RATES IN CITY HALL Mr. Coppola moved:
CCP: MAY 2005 ITEM NO. 133 That the above communication from the Commissioner
This is in response to the Resolution sponsored by of Assessment
University District Councilmember Bonnie E. Russell & Taxation dated May 9, 2005, be received and filed;
regarding current recycling practices in City Hall. I have and
reviewed the Resolution and this Department's That the Common Council approves the Certificate of
recycling practices. The Department of Assessment Base Percentages, Current Percentages and Current
and Taxation is currently recycling all papers at 100%. Base Proportions 2005 Roll pursuant to Article 19 of the
Our paper recycling boxes are picked up by an Real Property Tax Law. That the City Clerk be, and he
employee of the Department of Public Works. Our hereby is authorized to sign, dated and forward said
participation is 100%. Certificate to the New York State Office of Real
REFERRED TO THE COMMITTEE ON FINANCE Property Service, Equalization Rate Bureau, 16
Sheridan Avenue, Albany, New York 12210-2714. That
NO. 18 the City Clerk be, and he hereby is authorized to furnish
REQUEST APPROVAL OF CERTIFICATE OF the Assessment department with a copy of the
ADJUSTED BASE PROPORTIONS approved Certificate.
2005 ROLL PASSED
Attached find Certificate of Adjusted Base AYES - 9 NOES - 0
Proportions. I am respectfully requesting that Your
Honorable Body approve the aforementioned Certificate FROM THE COMMISSIONER OF PUBLIC WORKS
pursuant to Article 19 of the Real Property Tax Law.
This Certificate was prepared by this department with NO. 20
the assistance of the New York State Office of Real NOTIFICATION SERIAL # 10003
Property Service, pursuant to the Real Property Tax INSTALL STOP SIGN
Law and the Rules and Regulations of the Office of IN TACOMA AVENUE
Real Property Service. AT CARMEL ROAD
Upon approval of this Certificate, kindly direct the City (UNIVERSITY DISTRICT)
Clerk to sign, date and forward said Certificate to the STOP SIGNS - INSTALL
New York State Office of Real Property Service, In conformity with Section 49 of Chapter 479 of the
Equalization Rate Bureau, 16 Sheridan Avenue, Ordinances of the City of Buffalo, the City Engineer
Albany, New York 12210-2714. Also, kindly direct the hereby notifies Your Honorable Body of this action
City Clerk to furnish this department with a copy of the supplementing, amending, or repealing existing
approved Certificate. provisions of Chapter 479 of the Ordinances, as stated
Mr. Coppola moved: below, to be effective forty five days after the first
That the above communication from the Commissioner Council meeting at which they appear on the agenda as
of Assessment & Taxation dated May 9, 2005, be an item business.
received and filed; and That that part of Subdivision 9 Section 11 of Chapter
That the Common Council approves the Certificate of 479 of Ordinances of the City of Buffalo be
Adjusted Base Proportions 2005 Roll pursuant to Article supplemented by adding thereto the following: STOP
19 of the Real Property Tax Law. That the City Clerk SIGNS (ALL WAY)
be, and he hereby is authorized to sign, dated and VEHICLES ON SHALL STOP BEFORE
forward said Certificate to the New York State Office of ENTERING
Real Property Service, Equalization Rate Bureau, 16 Tacoma Ave Carmel Road
Sheridan Avenue, Albany, New York 12210-2714. That NOTIFICATION SERIAL# 10004
the City Clerk be, and he hereby is authorized to furnish INSTALL HANDICAPPED PARKING
the Assessment department with a copy of the SEVENTH STREET, WEST SIDE
approved Certificate. BETWEEN A POINT 55' NORTH OF CAROLINA
AYES - 9 NOES - 0 STREET
AND A POINT 150' NORTH THEREFROM.
NO. 19 (ELLICOTT DISTRICT)
REQUEST APPROVAL OF CERTIFICATE OF HANDICAPPED PARKING - INSTALL
CURRENT BASE PROPORTIONS In conformity with Section 49 of Chapter 479 of the
2005 ROLL Ordinances of the City of Buffalo, the City Engineer
Attached find Certificate of Base Percentages, hereby notifies Your Honorable Body of this action
Current Percentages and Current Base Proportions. I supplementing, amending, or repealing existing
am respectfully requesting that Your Honorable Body provisions of Chapter 479 of the Ordinances, as stated
approve the aforementioned Certificate pursuant to below, to be effective forty five days after the first
Article 19 of the Real Property Tax Law. Council meeting at which they appear on the agenda as
This Certificate was prepared by this department with an item business.
the assistance of the New York State Office of Real That that part of Subdivision 26 Section 15 of Chapter
Property Service, pursuant to the Real Property Tax 479 of Ordinances of the City of Buffalo be
supplemented by adding thereto the following: previous serial)
HANDICAPPED PARKING
HANDICAPPED PARKING LOCATION PERIOD OF NOTIFICATION SERIAL # 10007
HANDICAPPED PARKING NO STANDING - REPEAL
Seventh Street, west side At all Times ON DELAWARE AVENUE, WEST SIDE
between a point 55' north of BETWEEN WEST HURON STREET
Carolina Street and a point AND WEST MOHAWK STREET
150' north therefrom. (ELLICOTT DISTRICT)
This action is being taken in order to provide three on-NO STANDING - REPEAL
street handicapped parking spaces at the request of the In conformity with Section 49 of Chapter 479 of the
Kaleida Waterfront Health Care Center. (see previous Ordinances of the City of Buffalo, the City Engineer
serial) hereby notifies Your Honorable Body of this action
supplementing, amending, or repealing existing
NOTIFICATION SERIAL # 10005 provisions of Chapter 479 of the Ordinances, as stated
NO STANDING SCHOOL DAYS - REPEAL below, to be effective forty five days alter the first
ON CLINTON STREET, NORTH SIDE Council meeting at which they appear on the agenda as
BETWEEN SOUTH OGDEN STREET an item business.
AND WILLET STREET That that part of Subdivision 22 Section 15 of Chapter
(LOVEJOY DISTRICT) 479 of Ordinances of the City of Buffalo be
NO STANDING - REPEAL supplemented by repealing therefrom the following: NO
In conformity with Section 49 of Chapter 479 of the STANDING
Ordinances of the City of Buffalo, the City Engineer PROHIBITED PORTION OF HIGHWAY
hereby notifies Your Honorable Body of this action PROHIBITED PERIOD - DALLY
supplementing, amending, or repealing existing Delaware Avenue, west side between At all
provisions of Chapter 479 of the Ordinances, as stated times
below, to be effective forty five days aider the first West Huron Street and West Mohawk Street
Council meeting at which they appear on the agenda as This action is being taken in order to provide additional
an item business. on street metered parking downtown as allowed by the
That that part of Subdivision 22 Section 15 of Chapter closing of The Federal Reserve Bank. (see next 2
479 of Ordinances of the City of Buffalo be serials)
supplemented by repealing therefrom the following: NO
STANDING NOTIFICATION SERIAL # 10008
PROHIBITED PORTION OF HIGHWAY INSTALL METERED PARKING
PROHIBITED PERIOD ON DELAWARE AVENUE, WEST SIDE [: BETWEEN
Clinton Street, north side between 8:00 WEST HURON STREET
a.m. - 4:00 p.m. School Days AND WEST MOHAWK STREET
South Ogden Street and Willett Street (EXCLUDING EXISTING NO PARKING [: AND NO
This action is being taken in order to alleviate early STANDING AREAS)
morning congestion in front of St. Bernard's School at (ELLICOTT DISTRICT)
the request of the District Councilmember. (see next
serial) PERMISSIVE PARKING - INSTALL
In conformity with Section 49 of Chapter 479 of the
NOTIFICATION SERIAL # 10006 Ordinances of the City of Buffalo, the City Engineer
NO STANDING SCHOOL DAYS - INSTALL hereby notifies Your Honorable Body of this action
ON CLINTON STREET, NORTH SIDE supplementing, amending, or repealing existing
BETWEEN SOUTH OGDEN STREET provisions of Chapter 479 of the Ordinances, as stated
AND WILLETT STREET below, to be effective forty five days after the first
(LOVEJOY DISTRICT) Council meeting at which they appear on the agenda as
NO STANDING - INSTALL an item business.
In conformity with Section 49 of Chapter 479 of the That that part of Subdivision 27 Section 15 of Chapter
Ordinances of the City of Buffalo, the City Engineer 479 of Ordinances of the City of Buffalo be
hereby notifies Your Honorable Body of this action supplemented by adding thereto the following:
supplementing, amending, or repealing existing METERED PARKING
provisions of Chapter 479 of the Ordinances, as stated Metered Parking Locations Period of Metered
below, to be effective forty five days after the first Parking Rate of Metered Parking
Council meeting at which they appear on the agenda as Delaware Avenue, west side 2 Hour Parking
an item business. Rate C
That that part of Subdivision 22 Section 15 of Chapter between West Huron Street 8:00 am to 5:00 pm
479 of Ordinances of the City of Buffalo be $1.00 per hour
supplemented by adding thereto the following: NO and West Mohawk Street Monday - Friday
STANDING (excluding existing
PROHIBITED PORTION OF HIGHWAY No Parking and No Standing areas)
PROHIBITED PERIOD This action is being taken in order to provide additional
Clinton Street, north side between At all on street metered parking downtown as allowed by the
Times closing of The Federal Reserve Bank. (see previous
South Ogden Street and Willett Street and next serials)
7:00 a.m. - 4:00 p.m. School Days
This action is being taken in order to alleviate early NOTIFICATION SERIAL # 10009
morning congestion in front of St. Bernard's School at INSTALL NO STANDING
the request of the District Councilmember. (see ON DELAWARE AVENUE, WEST SIDE
BETWEEN A POINT 225' SOUTH That that part of Subdivision 9 Section 11 of Chapter
OF WEST HURON STREET 479 of Ordinances of the City of Buffalo be
AND WEST MOHAWK STREET supplemented by adding thereto the following: STOP
(ELLICOTT DISTRICT) SIGNS (ALL WAY)
VEHICLES ON SHALL STOP BEFORE
NO STANDING - INSTALL ENTERING
In conformity with Section 49 of Chapter 479 of the Richmond Avenue West Ferry Street (Ferry Circle)
Ordinances of the City of Buffalo, the City Engineer Waive 45 Days
hereby notifies Your Honorable Body of this action RECEIVED AND FILED
supplementing, amending, or repealing existing
provisions of Chapter 479 of the Ordinances, as stated NO. 22
below, to be effective forty five days after the first PERMISSION TO GRANT EASEMENT
Council meeting at which they appear on the agenda as TO NIAGARA MOHAWK
an item business. 2837 MAIN STREET
That that part of Subdivision 22 Section 15 of Chapter MASTEN DISTRICT
479 of Ordinances of the City of Buffalo be Permission is hereby requested from Your Honorable
supplemented by adding thereto the following: NO Body to authorize the Commissioner of Public Works,
STANDING Parks & Streets to enter into an easement agreement
PROHIBITED PORTION OF HIGHWAY PROHIBITED with Niagara Mohawk at 2837 Main Street. The
PERIOD easement is required to relocate an electric line around
Delaware Avenue, west side At all the proposed fire station addition.
times Mr. Coppola moved:
between a point 225' south of West That the above communication from the Department of
Huron Street and West Mohawk Street Public Works, Parks & Streets dated May 9, 2005, be
This action is being taken in order to provide additional received and filed; and
on street metered parking downtown as allowed by the That the Commissioner of Public Works, Parks &
closing of The Federal Reserve Bank. (see previous 2 Streets be, and he hereby is authorized to enter into an
serials) easement agreement between the City and Niagara
Waive 45 Days Mohawk Power Corporation, for use of city-owned
RECEIVED AND FILED property located at 2837 Main Street. That the
Corporation Counsel be, and he hereby is authorized to
NO. 21 review said agreement and that the Mayor be
NOTIFICATION SERIAL # 10010 authorized to execute the same.
INSTALL STOP SIGN PASSED
IN WEST FERRY STREET AYES - 9 NOES - 0
AT RICHMOND AVENUE (FERRY CIRCLE)
(DELAWARE AND NIAGARA DISTRICTS) NO. 23
STOP SIGNS - INSTALL PERMISSION TO RETAIN CONSULTANT
In conformity with Section 49 of Chapter 479 of the NORTH JEFFERSON LIBRARY
Ordinances of the City of Buffalo, the City Engineer ART IN PUBLIC PLACES
hereby notifies Your Honorable Body of this action MASTEN DISTRICT
supplementing, amending, or repealing existing Permission is hereby requested from Your Honorable
provisions of Chapter 479 of the Ordinances, as stated Body to retain Robert Traynham Coles, Architect, P.C.,
below, to be effective forty five days after the first to design the main doors for the North Jefferson
Council meeting at which they appear on the agenda as Library. The work, part of the Art in Public Places
an item business. requirement for the project, was authorized by the
That that part of Subdivision 9 Section 11 of Chapter Buffalo Arts Commission per the attached letter from
479 of Ordinances of the City of Buffalo be their Chairperson, Ms. Margaret Roblin.
supplemented by adding thereto the following: STOP Mr. Coles will retain Ms. Valeria Cray-Dihaan as a sub-
SIGNS (ALL WAY) consultant for the design. The cost for the work is
VEHICLES ON SHALL STOP BEFORE $5,000.00, which will leave $40,000 for Art in Public
ENTERING Places for the facility. Funds for this work are available
West Ferry Street Richmond Avenue(Ferry in Division of Buildings' Capital Account 37320306.
Circle) Mr. Coppola moved:
Richmond Avenue (Ferry Circle) That the above communication from the Commissioner
of Public Works, Parks and Streets dated May 11, 2005
NOTIFICATION SERIAL # 1001 L be received and filed; and
INSTALL STOP SIGN That the Commissioner of Public Works, Parks and
IN RICHMOND AVENUE Streets be, and he hereby is authorized to retain Robert
AT WEST FERRY STREET (FERRY CIRCLE) Trayham Coles, Architect, P.C., to design the main
(DELAWARE AND NIAGARA DISTRICTS) doors for the North Jefferson Library. Funds for this
STOP SIGNS - INSTALL project are available in Division of Buildings' Capital
In conformity with Section 49 of Chapter 479 of the Account 37320306.
Ordinances of the City of Buffalo, the City Engineer PASSED
hereby notifies Your Honorable Body of this action AYES - 9 NOES - 0
supplementing, amending, or repealing existing
provisions of Chapter 479 of the Ordinances, as stated NO. 24
below, to be effective forty five days after the first REPORT OF BIDS - ELECTRICAL CONSTRUCTION
Council meeting at which they appear on the agenda as EMERSON PARK CONCESSION BLDG.
an item business. (FILLMORE)
7;
I advertised on April 25, 2005 and have received the I request that Your Honorable Body authorize the
following bids for the construction of a new concession Commissioner of Public Works, Parks & Streets to
building & restrooms at the Emerson Football Field, order the work on the basis of the low bids. Funds for
which were publicly opened & read on May 11, 2005. this work will be available in forthcoming Bond Funds to
General Contractor Base Bid be sold for this project.
Alternate Mr. Coppola moved:
Weydman Electric, Inc. $16,835.00That the above communication from the Commissioner
$399.00 of Public Works, Parks and Streets dated May 12,
747 Young Street 2005, be received and filed; and
Tonawanda, NY 14150 That the Commissioner of Public Works, Parks and
Streets, be, and he hereby is authorized to award a
Frey Electric Construction Co. $28,635.00contract for the construction of a new concession
$350.00 building & restrooms at the Emerson Football Field, to
100 Pearce Avenue Wilsandra Construction Co., the lowest responsible
Tonawanda, NY 14150 bidder, in the amount of $212,700.00. Funds for the
I hereby certify the foregoing is a true and correct project are available in forthcoming Bond Funds to be
statement of the bids received and Weydman Electric, sold for this project.
Inc., 747 Young Street, Tonawanda, NY 14150 is the PASSED
lowest responsible bidder in accordance with the plans AYES - 9 NOES - 0
and specifications; and that the contract amount is
$17,234.00
I request that Your Honorable Body authorize the
Commissioner of Public Works, Parks & Streets to NO. 26
order the work on the basis of the tow bids. Funds for REPORT OF BIDS - MECHANICAL CONSTRUCTION
this work will be available in forthcoming Bond Funds to EMERSON PARK CONCESSION BLDG.
be sold for this project. (FILLMORE)
Mr. Coppola moved: I advertised on April 25, 2005 and have received the
That the above communication from the Commissioner following bids for the construction of a new concession
of Public Works, Parks and Streets dated May 12, building & restrooms at the Emerson Football Field,
2005, be received and filed; and which were publicly opened & read on May 1 I, 2005.
That the Commissioner of Public Works, Parks and General Contractor Base Bid
Streets, be, and he hereby is authorized to award a Alternate
contract for the construction of a new concession D. V. Brown & Associates, Inc. $16,900.00
building & restrooms at the Emerson Football Field, to $9,180.00
Weydman Electric, Inc., the lowest responsible bidder, 567 Vickers Street
in the amount of $17,234.00. Funds for the project are Tonawanda, NY 14150
available in forthcoming Bond Funds to be sold for this
project. Quackenbush Co., Inc. $29,997.00
PASSED $8,300.00
AYES - 9 NOES - 0 495 Kennedy Road
Buffalo, NY 14227
NO. 25 I hereby certify the foregoing is a true and correct
REPORT OF BIDS - GENERAL CONSTRUCTION statement of the bids received and D.V. Brown &
EMERSON PARK CONCESSION BLDG. Assoc., 567 Vickers St., Tonawanda, NY 14150 is the
(FILLMORE) lowest responsible bidder in accordance with the plans
I advertised on April 25, 2005 and have received the and specifications; and that the contract amount is
following bids for the construction of a new concession $26,080.00
building & restrooms at the Emerson Football Field, I request that Your Honorable Body authorize the
which were publicly opened & read on May 1 I, 2005. Commissioner of Public Works, Parks & Streets to
General Contractor Base Bid order the work on the basis of the low bids. Funds for
Alternate. this work will be available in forthcoming Bond Funds to
Wilsandra Construction Co., Inc. $211,000.00be sold for this project.
$1,700.00 Mr. Coppola moved:
300 Camden Ave. That the above communication from the Commissioner
Buffalo, NY 14216 of Public Works, Parks and Streets dated May 12,
2005, be received and filed; and
Hadala Construction, Inc. $224,400.00That the Commissioner of Public Works, Parks and
$1,600.00 Streets, be, and he hereby is authorized to award a
325 Grote Street contract for the construction of a new concession
Buffalo, NY 14207 building & restrooms at the Emerson Football Field, for
mechanical construction to D. V. Brown & Assoc., the
C. Nichter, Inc. Withdrawn lowest responsible bidder, in the amount of $26,080.00.
30 Wildwood Drive Funds for the project are available in forthcoming Bond
Lancaster, NY 14086 Funds to be sold for this project.
I hereby certify the foregoing is a true and correct PASSED
statement of the bids received and that Wilsandra AYES - 9 NOES - 0
Construction Co., 300 Camden Avenue, Buffalo, NY
14216 is the lowest responsible bidder in accordance NO. 27
with the plans and specifications; and that the contract REPORT OF BIDS - PLUMBING CONSTRUCTION
amount is $212,700.00 EMERSON PARK CONCESSION BLDG.
(FILLMORE) Hamburgh, NY 14075
I advertised on April 25, 2005 and have received tbe Birchgrove Landscaping $118,100.00
following bids for the construction of a new concession PO Box, 117
building & restrooms at the Emerson Football Field, East Aurora, NY 14052
which were publicly opened & read on May 11, 2005.
General Contractor Base BidGleason's Nursery $119,894.00
Alternate 4780 Sheridan Dr
D. V. Brown & Associates, Inc. $31,600.00Williamsville, NY 14221
$900.00
567 Vickers Street Titan Development $122,949.00
Tonawanda, NY 14150 8534 Seaman Rd
Gasport, NY 14067
HB Plumbing $35,000.00I hereby certify the foregoing is a true and correct
$500.00 statement of the bids received and that Village Green
495 Kennedy Road Landscaping is the lowest responsible bidder in
accordance with the plans and specifications; and that
Passed.
the contract amount is $110,684.81. I request that your
Honorable Body authorize the Commissioner of Public
Buffalo, NY 14227
Works, Parks, and Streets to order the work on the
basis of the low bid. Funds for this work will be
MKS Plumbing Corp. $38,383.00
available in forthcoming Bond Funds to be sold for this
$2,500.00
project. Please find attached a list of locations.
19 Ransier Drive
Citywide Playground Improvements Phase 3 - Scope of
West Seneca, NY 14224
Work
Locations of Work
Numarco, Inc $47,000.00
Cazenovia Park - is located off Seneca St. on
$1,700.00
Cazenovia Parkway. Emerson Young Park - is located
1021 Maple Road
on Seventh St. near Carolina Ave.
Elma NY 14059
Trinidad Playground - is located on Kensington Ave.
and Trinidad St. (near Fillmore Ave.)
I hereby certify the foregoing is a true and correct
Mr. Coppola moved:
statement of the bids received and D.V. Brown &
That the above communication from the Commissioner
Assoc., 567 Vickers St., Tonawanda, NY 14150 is the
of Public Works, Parks and Streets dated May 3, 2005,
lowest responsible bidder in accordance with the plans
be received and filed; and
and specifications; and that the contract amount is
That the Commissioner of Public Works, Parks and
$32,500.00
Streets, be, and he hereby is authorized to award a
I request that Your Honorable Body authorize the
contract for the construction of Citywide Playground
Commissioner of Public Works, Parks & Streets to
Improvements Phase 3, to Village Green Landscaping,
order the work on tile basis of the low bids. Funds for
the lowest responsible bidder, in the amount of
this work will be available in forthcoming Bond Funds to
$110,684.81. Funds for the project are available in
be sold for this project.
forthcoming Bond Funds to be sold for this project.
Mr. Coppola moved:
PASSED
That the above communication from the Commissioner
AYES - 9 NOES - 0
of Public Works, Parks and Streets dated May 12,
2005, be received and filed; and
NO. 29
That the Commissioner of Public Works, Parks and
PEACE BRIDGE AREA
Streets, be, and he hereby is authorized to award a
INTERIM IMPROVEMENTS PROJECT
contract for the construction of a new concession
SEQR REVIEW AND LEAD AGENCY STATUS
building & restrooms at the Emerson Football Field, for
The Capital Budget for 2005, previously approved
plumbing construction to D. V. Brown & Assoc., the
by Your Honorable Body, contained $1.5 million dollars
lowest responsible bidder, in the amount of $32,500.00.
for interim infrastructure improvements in the Peace
Funds for the project are available in forthcoming Bond
Bridge area.
Funds to be sold for this project.
In order to comply with SEQR, our department has
PASSED
prepared a Phase 1 Environmental Assessment for
AYES - 9 NOES - 0
distribution to affected agencies. It is requested that
Your Honorable Body declare lead agency status for
NO. 28
this project.
REPORT OF BIDS - CITYWIDE PLAYGROUND
Upon review and comment by affected agencies it is
IMPROVEMENTS - PHASE 3
anticipated that a negative declaration - finding of no
I have previously requested and received permission
significant impacts will be issued for this project.
to take bids for the above project, item 32, CCP 7/10/0
RECEIVED AND FILED
I. l advertised on April 19, 2005 and have received the
following bids for the construction of Citywide
FROM THE COMMISSIONER OF POLICE
Playground Improvements - Phase 3, which were
publicly opened and read on May 3, 2005.
NO. 30
("CRIME MAPPING")
Contractor Base Bid
As per your request on Thursday, May 5, 2005 for the
Village Green Landscaping $110,684.81
Buffalo Police Department to provide the following
3110 Lakeview Rd.
information:
• The total number of outstanding warrants in the City are dealing with currently. The lack of adequate civilian
of Buffalo as well as the type/category of the staffing has hampered our ability to meet Federal and
warrants. State mandates and has resulted in a significant
The County of Erie through Central Police Services was increase in civilian overtime.
requested to provide that information. They are under However, if it is the desire of the Common Council to
manpower restraints and are asking for reasonable time continue with a purchase plan for utility motor vehicles,
to program that information. As soon as the Department the Department can prepare a more detailed analysis of
receives the compiled information it will be forwarded to the equipment needs and is willing to manage the
the Council. additional funding for such a project. As well, the
• A coded map of homicide locations in the City of Department will make the necessary accommodations
Buffalo over the past three years to ensure the Iong-term viability of the project, if you
• The Council put a deadline of May 13, 2005 for a have further questions or concerns, please contact
community breakfast. Chief Richard Ortiz at 851-5 l 81.
Our Crime Analysis Technician compiled a list of REFERRED TO THE COMMITTEE ON FINANCE
homicide locations from January, 2004 to April 30, 2005
to accommodate the due date. This is attached NO. 32
• A coded map of shots fired and drug arrests. CITY OF BUFFALO, POLICE DEPARTMENT
Locations in the City of Buffalo over past 12 years. REQUEST FOR COMMENTS/RECOMMENDATIONS
The Crime Analysis Technician compiled 2 separate LISTING OF UNMARKED VEHICLES PREVIOUSLY
mappings regarding your request from January, 2004 - AUCTIONED AND ANTICIPATED TO BE
April 30, 2005. This is attached. AUCTIONED."
REFERRED TO THE COMMITTEE ON LEGISLATION Pursuant to the request from Councilmember Brian
Davis on April 26, 2005, the Buffalo Police Department
NO. 31 submits the following information regarding unmarked
CITY OF BUFFALO, POLICE DEPARTMENT fleet vehicles:
REQUEST FOR COMMENTS/RECOMMENDATIONS • Attachment A listing of BPD unmarked vehicles
"THE PURCHASE OF SNOWMOBILES FOR USE auctioned on September 09, 2004 and BPD unmarked
DURING SEVERE SNOW CONDITIONS" vehicles anticipated for future auctions.
Pursuant to the request from your Honorable Body at The attached list has been provided to the City's
the convening of the April 26, 2005 Finance Committee Purchasing Division, who conducts the auctions.
Meeting, the Buffalo Police Department submits the Requests for information about the final disposition of
following response regarding the purchase of vehicles should, in the future, be directed to the
snowmobiles for use during severe snow conditions: Purchasing Division. If you have any questions or
In order to provide information as quickly as possible to concerns regarding the attached information, please
your Honorable Body, as requested, a brief analysis of contact Chief Richard Ortiz at 851-5181.
the use of snowmobiles was conducted by the REFERRED TO THE COMMITTEE ON FINANCE
Department. It is the Department's position that the best
solution for preparing the Department to react NO. 33
effectively during inclement weather is to consider the RETURN FROM LEAVE OF ABSENCE
purchase of two (2) snowmobiles, two (2) all-terrain Laborer Crystal Folck (ss# xxx-xx-3917), assigned to
vehicles (ATVs) and one (1) six-wheel drive vehicle. headquarters, returns from her medical leave of
While this selection of motor vehicles is somewhat absence without pay effective May 9, 2005.
different than your Honorable Body has suggested, the RECEIVED AND FILED
Department's initial feeling regarding this plan is to
provide the greatest utility from this purchase. FROM THE COMMISSIONER OF PERMIT &
Snowmobiles have considerable advantages over ATVs INSPECTION SERVICES
during severe snow conditions; however, ATVs have NO. 34
the versatility of being utilized during all types of INFO
inclement weather conditions and add additional utility ASBESTOS REMOVAL
in their ability to be used as patrol and recovery ITEM NO 53, C.C.P. 4/19/2005
vehicles in muddy areas such as those found around I am in receipt of the above stated Common Council
abandoned railroad track areas, industrial areas and Communication and wish to supply your Honorable
park areas. When equipped as the Department Body with the following information. Prior to any
suggests, the ATVs will be capable of carrying rescue demolition performed by the City of Buffalo the property
equipment and aiding in rescue efforts. must be inspected by Inspectors certified by New York
In order to be fully effective, it will be necessary to State. If asbestos containing material is found, a One
consider two (2) utility trailers, protective equipment for thousand-dollar ($ 1,000.00) notification tee is charged
the operators and training. It is estimated that the total to the contractor performing the asbestos removal. If a
cost will range between $35,000 and $40,000. building is damaged by fire o1 is in the state of
The Department considers this purchase an opportunity structural collapse, Applicable Variance Number One
to better prepare itself to react to the diverse conditions Hundred Six (106) is used to demolish a structure
under which we function. However, it should be made without the removal of the asbestos containing material.
clear that the current proposed budget for the This project requires special care, air monitoring and
Department does not lend itself to the completion of special disposal of the debris. Using this Variance
such an initiative as that which we have prepared for requires a fee of two thousand dollars ($ 2,000.00). The
your Honorable Body. It is the position of the passage of this legislation will relive the contractors
Department that we should first consider the restoration performing work under the direction of the Department
of vital personnel, such as the vacant Report of Permit and Inspection Services of the financial
Technician positions. Before we can move forward with obligation of these fees and in turn saving the City of
new ideas, it is important to control issues, which we Buffalo untold thousands of dollars. It is my sincere
hope that this response satisfies your inquiry. the confines of the law. It is my sincere hope that this
RECEIVED AND FILED response satisfies your inquiry.
RECEIVED AND FILED
NO. 35
DEMOLITION BY NEGLECT NO. 37
(ITEM NO. 129, C.C.P. 4/19/2005: VIOLATIONS AT 77 JOHNSON PARK
I am in receipt of the above stated Common Council (ITEM NO. 50, C.C.P. 4/19/2005:
Communication and wish to supply your Honorable I am in receipt of the above stated Common Council
Body with the following information. We in the Communication and wish to supply your Honorable
Department of Permit and Inspection services are Body with the following information. The
responsible for the enforcement of the Housing and aforementioned property is considered a Multiple
Property Code, which addresses the upkeep of all Dwelling and is subject to Certificate of Occupancy,
privately owned buildings in the City of Buffalo. Registration requirements, along with conformance with
Buildings that are either located in historic districts or the Housing and Property Code. Please be advised that
are designated by historical status are under the Building Inspector Dennis Jowsey of the Multiple
watchful eye of the Buffalo Preservation Board. Some Dwelling Section of the Department of Inspection
of these historic buildings have decayed to the point Services has an active Letter of Violation on this
where it is not economically feasible to rehabilitate property and is scheduled to re-inspect for work
them. Restrictions set by the Preservation Board may progress on May 18, 2005. The listing of violations cited
drive up rehabilitation costs. The vast majority of these by the Erie County Health Department will be referred
historic structures are only inspected from the exterior. to Inspector Jowsey to assure compliance with
The Department of Permit and Inspection Services are necessary codes. It is my sincere hope that this
at a distinct disadvantage to inspect the interior response satisfies your inquiry.
conditions of these buildings. In other words a roof leak RECEIVED AND FILED
could occur which is not visible from the exterior. A leak
of this nature could worsen over time destroying the NO. 38
interior support members and not showing the damage USED CAR DEALER
on the exterior until a structural collapse takes place. 1140 BAILEY (LOVEJOY)
When drafting a new ordinance the issue of interior Pursuant to Chapter 254 of the City of Buffalo
integrity of these buildings must be addressed. By Ordinances, please be advised that I have examined
simply sealing the building against the elements and the attached application for a Used Car Dealer License
performing standard required maintenance, many of located at 1140 Bailey and find that as to form is
these properties could be saved from demolition. We correct. I have caused an investigation into the
would be glad to send a representative of our premises for which said application for a used car
department to participate in the drafting of any new dealer license is being sought and according to the
legislation referencing historic structures and their attached reports from the Zoning Office, Fire
preservation. It is my sincere hope that this response Department and Building Inspections, I find it complies
satisfies your inquiry. with all regulations and other applicable laws. I have
REFERRED TO THE COMMITTEE ON LEGISLATION caused an investigation by the Police Department into
the moral character of Frank Lepore. The attached
NO. 36 thereto for Frank Lepore d/b/a Best Auto Sales and
RD
Service Inc. This request is submitted for your approval
P. HENDERSON - COMPLAINT EMPLOYEE OF 3
or whatever action you deem appropriate.
ROOM BAR ON CHIPPEWA
REFERRED TO THE COMMITTEE ON LEGISLATION
(ITEM NO. 58, C.C.P. 4/29/2005:
I am in receipt of the above stated Common Council
FROM THE COMMISSIONER OF ADMINISTRATION
Communication and wish to supply your Honorable
AND FINANCE
Body with the following information. We are in receipt of
NO. 39
the communication sent to your Honorable Body from
FUEL AUDIT
Mr. Paul Henderson in regards to 54 West Chippewa,
Attached please find my comments on the findings and
rd
the 3room Bar. We are unable to tell if this is an
recommendations contained in the fuel audit done by
isolated incident or a pattern that this establishment has
Audit and Control.
shown in the treatment of its patrons. The Department
REFERRED TO THE COMMITTEE ON FINANCE
of Permit and Inspection Services, Licenses Section is
responsible for the issuance of Business Licenses in
NO. 40
the City of Buffalo. During the issuance of a license,
GENERAL FUND GAP SHEET - THIRD QUARTER
referrals and approvals are received from Building,
2004-05
Electrical, Heating and Plumbing Inspectors. The
The following is the City of Buffalo's General Fund gap
Division of Fire Prevention of the Department of Fire is
sheet for the third quarter of 2004-05. The gap sheet
referred to for inspection of fire suppression equipment
presents variances from the 2004-05 budget as
and areas of egress. Referrals are also sent to the
approved by the BFSA as part of the City's four-year
Department of Police to inspect for illegal activity. For a
financial plan. In addition, the gap sheet includes
hearing to be scheduled, complaints such as noise and
projections on a modified accrual basis and presents
illegal activity are handled in the same manner as the
variances from a revised budget that includes $3.9
Bawdy House Law. If your Honorable Body is aware of
million in prior year encumbrances.
any other illegal situations that may affect the License
The gap sheet projects a $3.15 million surplus, on a
of this establishment please advice the Offices of
budgetary basis, for the year ending June 30, 2005.
Licenses and provide the documentation backing up the
The projected surplus on a modified accrual basis is the
charges of negligent operation and we will schedule a
same at this time since only $1,418 has been
rd
hearing to determine if the 3Room is operating within
disencumbered to date and the working assumption on
the remainder of the $3.9 million is that it will be spent. Judgement and Claims ($1.28 million), Outside Legal
Total revenue and resources are projecting $90,000 Services in both the Law and Human Resources
over budget. The most significant negative variance is Departments ($339,000), Utilities ($470,000),
the loss of a $1.16 million Transfer In from the Refuse Miscellaneous Services ($725,000) and Interest on
and Recycling Enterprise Fund due to a change in RANS ($909,000). The outside legal expenditures are
Enterprise Fund accounting. Other notable negative attributable to increased labor litigation and utilities are
variances include STAR reimbursement, Interest and up due to natural gas charges and the utility
Penalties, Miscellaneous revenues and Streets' Local management contract. Miscellaneous Services are
and Other Aid. STAR reimbursement is down $831,400 projected to exceed budget since the payment to Erie
due to State adjustments to the City's equalization ratio County for personal leave time was not encumbered
and changes in assessed value. The year-to-date last fiscal year as part of the Parks consolidation
amount of $17.8 million is the total that will be received agreement. Interest on RANs is over budget since last
this year. Interest and Penalties on property taxes are year's debt service on RANs was paid out of the current
projecting down over $300,000 based upon year-to-year budget and a $970,000 payment is due in the
date receipts. The most likely explanations for this current year for current year RAN interest. Transfers
shortfall are accelerated In-Rem and the MBBA tax lien Out are up $55,000 from budget due to an increase in
securitization, both of which lower the amount of the allocation for the Board of Education for school
outstanding arrears. Miscellaneous revenues in the nurses.
aggregate are projecting down only $34,000 but this is Other departmental services and supplies are up due to
masking larger losses in tri-party agreement increased usage and/or cost increases. In Assessment
reimbursement ($748,566), Rental of In-Rem property these increases reflect the new foreclosure policy that
($152,250) and grant reimbursement ($160,000). will result in increased revenue, while in Administration
Streets Department Local Aid has been reduced by and Finance the increase is due to increased demand
$232,000 reflecting the loss of Erie County Snow for auto supplies brought on by the move to one-officer
Removal Aid. police cars and the increased cost of gasoline.
Offsetting these negative variances are increased The administration will continue to closely monitor
revenue estimates for Class I Utility Taxes, Mortgage spending and aggressively pursue revenues to
Tax, HOME Entitlement, Reimbursement of Bulk Gas maintain, and hopefully improve, the current forecast. I
Purchase, Interest on Investments, Foreclosure Fees, hope this gap sheet informs the Common Council on
Rental Registration Fees, Premium on GRANT and the current state of City finances. As always, I am
Miscellaneous revenue in Human Resources. Utility available to answer any questions your honorable body
Taxes are projected to exceed budget by over $1.3 may have.
million and Mortgage Taxes are projecting at least REFERRED TO THE COMMITTEE ON BUDGET
$525,000 over budget. HOME entitlement is expected
to produce $102,000 in revenue this year due to the NO. 41
receipt of prior years' reimbursements. Nearly $114,000 LESIGLATION OF PBT FREE PURCHASING
is already in on gas reimbursement. No revenue ITEM NO 33 1/25 & #87 CCP 2/8/05
estimate was contained in the budget for this item since AS PER YOUR CORRESPONDENCE OF APRIL 26,
there was no way of knowing whether other entities 2005 REGARDING THE UPDATE OF PBT FREE
would participate in our bid. Interest on Investments is PURCHASING, THE PURCHASE DIVISION HAS
projected to exceed budget by nearly $303,000 BEEN IN THE PROCESS OF REVIEWING SEVERAL
reflecting a larger fund ITEMS THAT MAY BE ENVIRONMENTALLY
balance. Foreclosure fees have already exceeded FRIENDLY ALTERNATIVES. WE HAVE BEEN IN
budget by $199,000 due to more aggressive collection CONTACT AND HAVE HELD MEETINGS WITH
activity. A new program of registering non-owner CAMERON S. LORY THE SENIOR ASSOCIATE FOR
occupied rental housing units has produced revenue of INFORM AND MIKE SCHADE THE WESTERN NEW
$254,000 to date. Nearly $327,000 has been received YORK DIRECTOR FOR CITIZENS COALITION.
as a premium on BFSA issued RANs. And, refunds SPECIFICATIONS FOR PRODUCTS USED CITY
from Independent Health and GHI have added over WIDE WERE GIVEN TO MIKE AND CAMERON FOR
$480,000 to the Miscellaneous line in Human REVIEW AND INPUT, WE ARE WAITNG FOR THEIR
Resources. Additional revenue variances, both positive RESPONSE. CURRENTLY THE CITY AUTOMOTIVE
and negative, are detailed in "Revenue Variance GARAGES ARE PARTICIPATING IN PROCEDURES
Explanations." THAT ARE ENVIRONMENTALLY FRIENDLY SUCH
A change in revenue estimates that has no negative AS RECYCLING OUR ANTIFREEZE AND OIL. THE
impact on the budget concerns the elimination of $4.7 OIL IS EITHER REUSED OR BURNED IN THE
million in BFSA Assistance - Sales Tax and the addition WASTE OIL FURNACE AT BROADWAY. THE OIL OR
of $4.7 million in BFSA Assistance - State Aid. This ANTIFREEZE THAT IS DETERMINED TO BE
modification has been approved by the BFSA as part of UNUSABLE IS SENT TO A PRIVATE COMPANY FOR
the State spin-up aid interception modification. PROPER DISPOSAL. TIRES ARE ALSO SENT TO A
On the appropriation side of the ledger, expenditures CONTRACTOR FOR PROPER DISPOSAL. WHEN
are projecting $3.07 million under budget. Personal PRODUCTS ARE DETERMINED AS ALTERNATIVE
Services in the aggregate are projected to save nearly PBT THE DIVISION OF PURCHASE WILL SPECIFY
$2 million due to vacancies and projected savings in IN UPCOMING BIDS. DIALOGUE WILL CONTINUE
overtime in the Fire and Police Departments. Fringe BETWEEN THE WNY CITIZENS ENVIRONMENTAL
benefit savings are projected at $3.9 million with retiree COALITION AND THE CITY OF BUFFALO TO MAKE
healthcare showing savings of $1.43 million, PFRS OUR COMMUNITY ENVIRONMENTALLY FRIENDLY
saving $1.92 million and FICA projecting savings of REFERRED TO THE COMMITTEE ON LEGISLATION
over $435,000. Active healthcare and ERS are
projected to exceed budget by $258,000. NO. 42
Other expenditures projected to exceed budget include MAYOR'S FOUR-YEAR PLAN 2005-2006
Attached please find the Mayor's 2005-2006 Four-Year REFERRED TO THE COMMITTEE ON CIVIL
Plan that was submitted to the BFSA on 5/2/2005. SERVICE
REFERRED TO THE COMMITTEE ON BUDGET
FROM THE COMMISSIONER OF COMMUNITY
NO. 43 SERVICES
PARKING LOT LEASE AGREEMENT NO. 46
BETWEEN CITY OF BUFFALO SHIFTING THE CITY OF BUFFALO/ERIE COUNTY
AND KALEIDA HEALTH JOINT MINORITY BUSINESS
The City of Buffalo and Kaleida Health have come to a ENTERPRISE (MBE) AND WOMEN BUSINESS
mutual agreement whereby Kaleida Health ( Children's ENTERPRISE (WBE)
Hospital) will be leasing/renting 29 parking spaces for CERTIFICATION PROCESS TO THE CITY OF
valet services to help convenience visitors to the BUFFALO
emergency entrance of the hospital. RES # 137 CCP APRIL 19, 2005
The Children's Hospital will utilize the Bryant off-street Due to the recent layoffs at the Erie County it is my
parking area between Elmwood and Ashland which is opinion that the MBE/WBE Certification Committee be
located at 301 Bryant Street. They'll only be utilizing the transferred from the Erie County to the City of Buffalo
north end of the parking lot that contains 29 spaces. Department of Community Services. Currently there are
Kaleida has agreed to pay the City $60.00 per space four (4) City of Buffalo entities that sit on the board
which would result in $1,740.00 per month and which include the Office of Strategic Planning, Board of
$20,880.00 in a twelve month period. Education, Sewer Authority and Public Works. With the
Prior to the agreement the 29 spaces located at the addition of new clerical staff and the larger amount of
north end of the lot were not deriving any revenue. The project's taking place in the City of Buffalo, the majority
25 meters installed in the south end, at the most, may of companies seeking certification are City of Buffalo
have brought in $t32.00 per month taking in $1584.00 companies. It is my opinion that the certification
for a twelve month periods. operation be housed in the City of Buffalo Department
Please find attached the lease agreement between the of Community Services.
City of Buffalo and Kaleida Health. I would hereby REFERRED TO THE MINORITY BUSINESS
recommend to Your Honorable Body that they approve ENTERPRISE COMMITTEE
this agreement.
Mr. Coppola moved: NO. 47
That the above communication from the Director of THIRD QUARTERLY REPORT ON THE
Parking Enforcement dated May 9, 2005, be received DIVISION OF SUBSTANCE ABUSE SERVICES
and filed; and Attached, please find the Third Quarterly Report
That Mayor be, and he hereby is authorized to enter 2004-2005 on the Division of Substance Abuse
into an agreement with Kaleida Health (Women and Services
Children's Hospital) to lease/rent 29 parking services REFERRED TO THE COMMITTEE ON BUDGET
for valet services and has agreed to pay the City $60.00
per space which would result in $1,740.00 per month FROM THE BOARD OF EDUCATION
and $20,880.00 in a twelve month period.
PASSED NO. 48
AYES - 9 NOES - 0 "RECYCLING RATES M CITY HALL
ITEM #133, CCP MAY 3, 2005
NO. 44 The Buffalo Board of Education recycles at City Hall by
VEHICLE AUCTION/SALVAGE placing containers in each of the offices and employees
THE DIVISION OF PURCHASE IS REQUESTING are encouraged to recycle paper and cardboard. These
PERMISSION FROM YOUR HONORABLE BODY TO are emptied twice per week by our Board of Education
DISPOSE OF THE ATTACHED LIST OF custodial staff, taken to the basement and recycled
VEHICLES/EQUIPMENT BY MEANS OF along with the City of Buffalo recycling. The recycling
AUCTION/SALVAGE.. THESE coordinator for the BPS is Susan Eager. She can be
VEHICLES/EQUIPMENT ARE FROM VARIOUS reached at 851-3024.
DIVISIONS. We have just received the printings of our posters from
Mr. Coppola moved: the recycling poster contest and will be distributing
That the above communication from the Department of them to encourage people to recycle at City Hall as well
Administration and Finance dated May 5, 2005, be as our schools.
received and filed; and REFERRED TO THE COMMITTEE ON FINANCE
That the Director of Purchase be, and she hereby is
authorized to dispose of the attached list of NO. 49
vehicles/equipment by means of auction/salvage. GED CLASSES THROUGHOUT THE CITY
PASSED OF BUFFALO
AYES - 9 NOES - 0 Attached is a copy from our catalog that lists the
locations of GED, ESL and vocational training programs
NO. 45 throughout the city of Buffalo.
CERTIFICATE OF APPOINTMENT The sites that I have checked indicate a location where
Appointment Effective: May 9, 2005 in the Department GED is offered. Many of our sites have more than one
of Administration and Finance GED class offered. Also, some sites are not listed
Division of Parking Enforcement to the Position of because they are not open to the public. For example,
Laborer II Permanent, PERMANENT, NON-Erie County Holding Center and Allentown Industries.
COMPETITIVE at the Maximum Salary ofWe have also started a new class at the YMCA on
$27,833 William St. which is not included in the catalog.
Lisa M. Masiello, 83 Hartwell Road, Buffalo 14216 I will deliver copies of our catalogs this afternoon.
Thank you for your interest. If you have any other Brown Fire R. Bremer
questions or need additional information, do not Fire- R. Bremer (return)
hesitate to contact me -818-4546 (ceil) 888-7088 x 107 Permit and Inspection Services- Charles Moore
(office). RECEIVED AND FILED.
REFERRED TO THE SPECIAL COMMITTEE ON
EDUCATION No. 55
Reports of Attendance
NO. 50 I transmit herewith communications received by me,
FOIL REQUEST DATED MAY 13, 2005 from the various boards, commissions, agencies and
DROPOUT STATISTICS - BY RACE/GENDER authorities reporting the membership attendance at
Dear Mr. Thompson: their respective meetings:
Enclosed is the information to fulfill the above named Buffalo Sewer Authority 5/4/05
request. RECEIVED AND FILED.
REFERRED TO THE SPECIAL COMMITTEE
No. 56
ON EDUCATION
Notices of Appointments - Council Interns
FROM THE CITY CLERK
I transmit herewith appointments to the position of
NO. 51
Council Intern.
Re: Item #70, CCP May
Mr. Coppola moved the approval of the appointments to
3, 2005
the position of Council Intern.
Response Roddy- Hazardous Condition
ADOPTED.
465 Dodge Street, Buffalo
Certificate of Appointment
Regarding the above item, please be advised that the
Appointment Effective: 5-17-05 in the Department of
City Clerk's Office has received the alleged hazardous
Common Council Division of Delaware District to the
condition located at 465 Dodge Street. We have filed
Position of Intern Vl
the hazard in our office and forwarded it on to the Erie
Temporary, Non-Competitive Flat Starting Salary of."
Co. Department of Parks and Corporation Counsel for
$10.O0 hr
their attention.
Christopher L. Ganci 683 Crescent Avenue Buffalo,
Attached please find a copy of the filing.
New York 14216
RECEIVED AND FILED
Certificate of Appointment
Appointment Effective: April 25, 2005in the Department
NO. 52
of Common Council to the Position of Intern VI
Item.#133, CCP May 3, 2005
Seasonal Non-Competitive Flat
Starting Salary of: $10.00
4 Recycling Rates in City Hall
Tashene Eubanks 65 Wright Ave. Buffalo, New York
Regarding the above item, please be advised that the
14215
City Clerk's Office has been using the Blue recycling
boxes provided to our office and have also been
No. 57
provided with a large Green Recycling Tote placed in
Notices of Appointments - Seasonal/Flat
th
the hallway of the 13floor used for plastic/glass/tin
I transmit herewith certificates received by me,
cans and bottles. Our office takes pride in trying to be a
reporting seasonal and fiat salary appointments made
"lead by example office" when it comes to recycling.
in various departments.
REFERRED TOT HE COMMITTEE ON FINANCE
RECEIVED AND FILED.
NO. 53
CERTIFICATE OF APPOINTMENT
Liquor License Applications
Appointment Effective 5-4-05 in the Department of
Attached hereto are communications from persons
Assessment to the position of Clerk, seasonal,
applying for liquor licenses from the Erie County
appointment flat starting Salary of $8.18/hour
Alcohol Beverage Control Board.
Nakia Harris 202 East Amherst Apt H-9 Buffalo, NY
Address Business Name
14214
Owner's Name
Certificate of Appointment
3270 Main St. No Name Given
Appointment Effective: MAY 9,2005 in the Department
Anthony A. Harris
of COMMUNITY SERVICES Division of SENIOR
1389 Delaware Ave. No Name Given
SERVICES to the Position of SENIOR CITIZEN AIDE
Richard F. Merlino
Seasonal Non-Competitive Flat Starting Salary of:
775 Main St. No Name Given Carl
$8.15
C:
P. Bonetto
ROBERT WILLIAMS 1279 MICHIGAN AVE.
12 Military Road J & B Hilliker. Hilliker's
BUFFALO ,14209
Pastime Tavern
Certificate of Appointment
2126 Niagara St. Faso" Rest
Appointment Effective: 5/2/05 in the Department of
Patricia M. Ruller
Public Works, Parks & Streets in the Division of
RECEIVED AND FILED
Engineering to the position of Laborer II Seasonal,
Non-Competitive Flat Starting Salary of $8.15 hour
NO. 54
Thomas Ellis 7 Marine Dr Apt#11B Buffalo, NY 14202
Leaves of Absence Without Pay
Certificate of Appointment
I transmit herewith notifications received by me,
Appointment Effective: May 12, 2005 in the Department
reporting the granting of the leaves of absence without
of Strategic Planning Division of Real Estate to the
pay, in the various departments as listed:
Position of Laborer lI SEASONAL
Comptroller- Lisa R Fehr
NON-COMPETITIVE FLAT Starting Salary of: $8.15
Police-Valerie Demps, Crystal Folck, T. Vivolo, S.
Kerwin Boswell 539 Sherman Buffalo, NY 14211
Mr. Poincelot stated that when Hope VI houses were
No. 58 demolished, despite that they were private demolitions,
Appointments - Temporary, Provisional or there were rats running all over the neighborhood.
Permanent Frank Poincelot informed us that he received 68 direct
I transmit herewith Appointments in the various calls pertaining to rodents. In addition, 24 complaints
departments made at the Minimum (Temporary, came from the Mayor's Complaint Line, of which 2 out
Provisional or Permanent) (as per contract of the 24 were complaints were pertaining to structures
requirements). being demolished. Mr. Adamski was unaware of those
REFERRED TO THE COMMITTEE ON CIVIL complaints. Mr. Poincelot told us that some of these
SERVICE. firms may be using expired bait or bait which may be
CERTIFICATE OF APPOINTMENT inadequate for the job. Bait placed in a boarded
APPOINTMENT EFFECTIVE: May 9, 2005 IN THE structure is usually not contained, whereas bait placed
DEPARTMENT OF: Fire under a house in a neighborhood where children are
TO THE POSITION OF: Stock Clerk Provisional, present may be contained. Mr. Poincelot also told that
Appointment, at the Minimum Starting salary of $26,271 he has a computer with Windows 95 that no longer
Anthony J. Greco 47 LaForce Buffalo, New York 14207 works. I informed him I would call MIS on his behalf to
Certificate of Appointment get an updated computer.
Appointment Effective: April 29, 2005 in the Department Mr. Adamski agreed to email or send Frank Poincelot
of Public Works, Parks & Streets Division of Buildings the list of upcoming demolitions. Mr. Poincelot agreed
to the Position of Senior First Class Stationary Engineer to provide a list of property addresses that he gets
Temporary Appointment at the: Flat Starting Salary of: rodent complaints on. The goal is to pinpoint which
$10.25 demolition contractors and pesticide firms are
Keith M. Rathbun 239 Cumberland Avenue Buffalo problematic. It was agreed that we would conduct a
14220 two-month trial to see how it goes. We will all meet
th
Richard M. Veroba 24 Lester Street Buffalo 14210
again Monday June 20at 1 PM for the results.
William R. Young 374 McKinley Parkway Buffalo 14220
Mr. Adamski, told us that his budget was cut, but the
NON-OFFICIAL COMMUNICATIONS, PETITIONS
largest portion of his budget goes to animal control
AND REMONSTRANCES
devices, as opposed to pesticides. He also told us that
NON-OFFICIAL COMMUNICATIONS
he just completed his inventory of pesticides. We, the
PMB requested a list of class 1, 2, 3, 4 pesticides that
No. 59
he currently has in stock as well as those he uses
Pest Management Board Minutes for
regularly and in 2 days will give Mr. Brem a copy. He
Monday 2005 April 18 1:10 PM - 2:20 PM Final
further went on to tell us that his pesticides have not
version
poisoned any children or dogs.
The following people were in attendance:
2. Frank Poincelot informed us that he is based out of
David Adamski, Inspections Dept, 851-4908,
the Broadway Garage and not the Animal Shelter, 380
dadamski@city-buffalo.com James Brem, Staffperson
Oak St., Buffalo, NY 14203. This was referring to a
for PMB, 851-4138, jbrem@city-buffalo.com
letter that this body sent to him. Since he did not pick
Tom Hersey, member of PMB, 858-7674,
up the letter from the Animal Shelter, prior to this
herseyt@erie.gov
meeting, we handed him a copy of our letter and a copy
Alan Lockwood, member of PMB, 866-8788,
of the City Charter pertaining to the Pest Management
akl@buffalo.edu
Board.
Frank Poincelot, Animal Control Officer, 851-5790,
3. Neighborhood Notification
fpoincelot@city-buffalo.com
Mr. Hersey informed us that a reporter from Rochester
Brian Smith, an interested party, 831-3206,
contacted him about Erie County's Pesticide
bsmith@citizenscampaign.org Linda White, member of
Notification Program. The reporter was under the
PMB, 853-8466, bfrlew@oag.state.ny.us
impression it was voluntary, based on Ulster County's
The following people were absent for good cause David
model. Mr. Hersey informed the reporter that
Hahn-Baker and Joe Gardella
neighborhood notification is not a volunteer program,
1. We invited David Adamski and Frank Poincelot,
but pesticide firms would like it to be.
Chief Pest Control, Animal Control Officer to this
4. Openings on BEMC
meeting to discuss the status of rodents regarding the
We informed the members that there are three open
demolition of buildings.
positions on the Buffalo Environmental Management
Mr. Adamski informed us of the current process, which
Commission. One prerequisite was one had to reside in
entails that the demolition contractor is required to bait
Buffalo, or represent a business, government, or not for
the property for rodents 3 - 5 days prior to the
profit that was based in Buffalo. Brian Smith, Citizens
demolition of the building. The demolition contractor
Campaign for the Environment is a possible candidate
has a licensed pesticide finn complete the baiting, and
for the B.E.M.C. or PMB if there are any openings.
then they provide written assurance to the demolition
5. Co-chair position open on BPMB
contractor, that the job had been completed properly.
Pest Management Co-chairperson. We asked if there
The demolition company presents the baiting receipt
were any people interested in becoming co-chair of the
from the pesticide company to the City when it applies
Pest Management Board. There were no people willing
for a demo permit. Mr. Adamski told us that
to volunteer for the task at this time.
approximately 40 - 50 City owned properties are
RECEIVED AND FILED
demolished every month, primarily around schools, and
he also said that the Inspections Dept. has not received
No. 60
any calls or problems pertaining to rats. The bond
WATERFRONT VILLAGE ADVISORY
money is used for City owned building demolitions, and
WATERFRONT VILLAGE
that CDBG money goes for demolishing fire damaged
BUFFALO, NEW YORK
structures.
Councilman Joseph Golombek, Jr.
Chairman, Community Development Committee County of Erie with respect to the question of
1502 City Hall relicensing, one that would provide an annual allocation
Buffalo, NY 14202 of $2 million to our region for undefined activities inuring
Dear Chairman Golombek: toward the promotion of recreation, tourism,
The Waterfront Village Advisory Council ("the Advisory environmental improvement, parks or related facilities.
Council") is a voluntary membership organization All told, aside from an amorphous proposal to
formed approximately fifteen years ago. The residential supplement state parks funding in our area by $3
developments located in Waterfront Village constitute million per year, the settlement would provide a total of
the members of the Council. Each development, $100 million (or $2 million per annum) to Buffalo and
through its Board of Managers/Directors, is authorized Erie County for projects recommended by a "committee
to appoint two representatives to the Council. The of 4" comprised of NYPA, the city, the county, and the
representatives serve as advisors to their respective olmsted Parks system, and subsequently authorized
Boards with all final decisions made at the Board level. through the development of a plan by the state-
The purpose of the Advisory Council is to promote the controlled Niagara Greenway Commission.
common good and welfare of the residents (303 After careful review of the NYPA proposal - including its
homes) of Waterfront Village and to protect and component parts currently before the Energy and
advance their interests. Environment Committee of the Erie County Legislature
- it is clearly insufficient. New York deserves
On behalf of the homeowners of Waterfront Village, we Western
are writing to express our support for the development far more in return for a settlement agreement with
of the parcel next to Admiral's Walk. We are pleased NYPA, and deserves a proposal that maximizes local
with the City's initiative on this project; however, we control over the allocation and expenditure of funds that
strongly believe that it has to be the right development rightfully remain in Western New York.
and should be compatible with the existing homes on That is why I offer an alternative settlement proposal
the waterfront. that seeks to 1) increase the amount of funding
The Advisory Council discussed the proposed delivered to our region by NYPA and, more importantly,
development at its March and April meetings. 2) mandate local control and distribution of such
Comments were requested from the Boards resources for the aforementioned purposes, as well as
representing the various associations. Based on the for economic development, brownfinld remediation and
consensus of opinion, we would like the Community land acquisition principally along Buffalo's Outer Harbor
Development Committee to consider the following waterfront lands.
factors in approval of a designated developer for this By embracing this proposal, leaders would avoid the
parcel: inevitable result of the NYPA proposal, namely that by
2. Aesthetics and physical layout of the proposed doing what is always done, you get what you always
development: the need for green space, have gotten. In the NYPA proposal, Western New York
walkways and harmony with the rest of the design would get insufficient funding, with largely undefined
of Waterfront Village. goals, and all of which would likely be controlled - in
3. Sufficient parking areas: a minimum of two(2) part or in full - by a faceless public authority located far
parking spaces per unit as well as adequate guest outside of our region, and not by stakeholders from
parking to minimize on-street parking which can within the community committed to seeing projects
be a hazard during the winter months. through to completion.
Retail development: we would recommend that the The most particularly problematic provision of the
waterfront residents be surveyed on the type of retail NYPA proposal is its insistence upon being part of the
establishments they would patronize. The Advisory process by which this very small amount of funding is
Council would be willing to assist in facilitating this allocated each year. NYPA's tong history - as
process. documented by the New York State Comptroller only a
Several years ago, representatives of the City agreed to few months ago - of utilizing the sale of power
review all proposals for the development of the generated at hydroelectric plants such as the Niagara
remaining parcels of land in the Village with the Power Project to subsidize its money-losing operations
Advisory Council before a developer was designated. elsewhere m New York State have contributed to the
We request that this process be continued. notion fair or unfair- that the authority is not a good
If you or your committee members have any questions corporate citizen interested in the long-term economic
on this matter, or would like additional information, viability of Western New York.
please call Len Chabot at 856-3771 or Frank Lysiak at The very natural next question must be: why would we
855-2565. seek to allow NYPA to continue as part of this failed
REFERRED TO THE COMMITTEE ON COMMUNITY process?
DEVELOPMENT I propose a better way. I propose that the settlement to
Buffalo and Erie County include an allocation of no less
NO. 61 than $10 million per year, to be apportioned as follows:
New York Power Authority (NYPA) Relicenslng $4 million per year for brownfield remediation and land
Settlement offer to Buffalo /Erie Gentlemen acquisition to be used by municipalities along the
As a community, Western New York has a once in a waterfront. In this way, shovel ready sites can be made
lifetime (or at least a once per fifty years) opportunity to available for public access and commercial
seek to ensure that additional benefits come to western development.
New York based upon oar unique geographical location $6 million per year allocated to a locally-controlled
adjacent to Niagara Falls. We ought not to squander Waterfront Development Corporation whose expressed
this opportunity to bring long term, renewable revenue purpose is the enhancement and improvement of public
opportunities to enhance economic development and access to Buffalo's Outer and Inner Harbor waterfront
job creation potential in Buffalo and Erie County, areas, and whose primary objective is the design and
As you know, the New York Power Authority CKYPA) construction of physical improvements to Buffalo's
has offered a settlement to the City of Buffalo and the waterfront areas to create private and public sector
recreational and commercial development along the Thank you in advance for you assistance in this matter.
Lake Erie shoreline. RECEIVED AND FILED
As I have often said, Buffalo's waterfront is a disgrace
and an embarrassment, and has been so for more than No. 64
five decades. As an Outer Harbor landholder itself, A. SanFilippo B. Davis, Council Finance Chair
NYPA owes more to Western New York than an ice Request BERC Pension Information & Loan
boom study recorded at an airport several miles away, Allocation Status
and ought not to be rewarded with a vote on how and We are formally requesting the pertinent agreement for
when and which projects got funded. NYPA should do the pension system as approved by the Board of
the right thing: it should give Western New Yorkers our Directors. We are aware from the annual report and
fair share of the billions in revenue from cheap some Council resolutions that the pension rates are
hydropower sales that it has taken out of our area over 11.7% for the first $20,000 and 16% for salaries above
the past fifty years, and should leave local leaders - the that amount. Conversely, the formula could read as
ones with the largest and most compelling stake in 11.7% on all wages and salaries as well as an
these outcomes - as the decision makers in the additional 4.3% for amounts over $20,000. The vesting
allocation of these funds. period is three years.
For those who might suggest that a 50-year, $500 We seek to have the document that validates this
million (in 2005 dollars) allocation to our region is too information, which we believe to be correct.
much, I ask you to look at what NYPA has earned from In addition the Council has asked and we are now
the backs of Western How York to date. requesting information on the open loan block grant
Notwithstanding the unique natural resource that accounts. The FCA system provides a report that
Western New York has at Niagara Fails, precious little displays loan allocations and contracts against those
of the Iremendous revenues earned by NYPA through balances as well as disbursements made. We have
the sale of cheap hydropower have stayed in our been informed that a report similar to this is supplied to
community. Hundreds of millions of dollars in operating the Council members on a periodic basis. We would
losses at coal-generating electricity plants throughout appreciate receiving the latest to assist in determining if
New York State have been subsidized by a natural there are in fact large dollar amounts uncommitted. If
resource not 20 miles from downtown Buffalo. It is far there is another level of committed funds, but
past time that Western blew Yorkers received its fair paperwork is not completed, then this schedule may
share, and this represents the first and best such need to be amended.
opportunity to make this right. We are aware that the HUD regulations require
As a new member of Congress, I committed myself as agencies to expend funds within three days of receipt.
someone responsible and records I nut forward, and as This may be a contributing factor in determining what is
such will accept responsibility and uncommitted.
accountable for the projects I put forward and as I If there are any questions, we will be available for a
reflect local control, that will work to get the money discussion or clarification.
sooner rather than later and use it to fund a new local Thanks in advance.
waterfront corporation to begin a capital infrastructure REFERRED TO THE COMMITTEE ON FINANCE
program along the waterfront that will make put people
to work and put our image as a result authority ruled No. 65
community to rest. Yo! Buffalo Safety Prevention Measures
I remain determined to burying Buffalo's old, declining Please file the attached correspondence for the
and industrial past image and moving this community upcoming Council Session to be held on Tuesday, May
forward as a new, vibrant and exciting region, one filled 17, 2005 for further discussion.
with an active, timeline-driven and locally-controlled Thank you in advance for you assistance in this matter.
commitment to waterfront development. Simply put, this Brian, please find below the number of incidents that
begins with a $10 million annual allocation. have occurred since February, I estimate that the
I kindly ask that my comments be included in the draft situation will get worse if we do not focus on this issue
public comment being solicited by NYPA for the and put the proper safety /prevention measures in
preliminary draft assessments. And as the place.
~
Late February 2005, Youth Female was removed from
Congressman of the 27District, you can rest assured
the center for the possession of a
that my comments will be made locally and in
blade.
Washington before FERC (Federal Energy Regulatory
March 3, 2005, Youth Female was terminated for the
Commission) at every possible opportunity.
possession of drugs and made physical
RECEIVED AND FILED
threats to cut me and other staff.
March 7, 2005, Youth Male was arrested at the front
No. 62
desk, in the center, for drug possession (20 bags of
Response Regarding Civil Service Exam Monitors
marijuana) with the intent to sale and distribute. He was
Dear Mr. Chwalinski:
also accused by his parents of steeling their gun.
Please file the attached item for the Common Council
About two weeks ago, it was reported that YO!
meeting to be held on May 17, 2005.
Member, youth male, was arrested in front of
REFERRED TO THE COMMITTEE ON CIVIL
the center for the possession of a gun.
SERVICE
Last Wednesday Evening, April 27, 2005, gunshots
rained outside the center.
No. 63
Monday Morning, May 2, 2005, gunshots rained outside
Allow Free Travel Along I90
the center.
Dear Mr. Chwalinski,
Wednesday Evening, May 4, 2005, youth fled the park
Please file the attached correspondence for the
due to a drive by shooting.
upcoming Council Session to be held on Tuesday, May
Thursday, May 5, 2005, it was reported that shots were
17, 2005 for further discussion.
aimed at a youth that was in front of the Friendship
Baptist Church, at on the corner of Hickory and Clinton NO. 67
at 8:30 a.m. The individuals targeted fled into the Town K. KELLEY
Garden Complex. ESTABLISH WATERFRONT DEV CORP
Monday, May 9, 2005, it was reported this morning at TO WHOM IT MAY CONCERN:
about 11:48 a.m. there were two I HEREBY CERTIFY, That at the 12th Session of the
vehicles that shoot at each other, we do not know if Legislature of Erie County, held in the Legislative
anyone got hurt. Chambers, in the City of Buffalo, on the Fifth day of
YO! Buffalo is currently working on implementing the May A.D., 2005, a Resolution was adopted, of which
wand for the prevention and safety of staff and youth at the following is a true copy."
the center. Please feel free to contact me should you A RESOLUTION TO BE SUBMITTED BY
need anything else. LEGISLATORS KENNEDY,
Thank you for your attention, regarding this matter. HOLT, MARINELLI, RANZENHOFER, CHASE,
Lourdes T. Iglesias CUSACK, DeBENEDETTI, DUSZA, KUWlK,
YO! Buffalo MARSHALL, McCARVILLE, SMITH, WEINSTEIN, &
Operations Manager WROBLEWSK!
578-8800 WHEREAS, redevelopment of Buffalo's Outer Harbor
REFERRED TO THE COMMITTEE ON LEGISATION and Inner Harbor waterfront areas has languished for
AND THE COMISSIONER OF COMMUNITY decades, producing little in the way of physical
SERVICES Improvements, enhancements to public access,
parkland development and commercial, entertainment
NO. 66 and residential mixed-use development, and
D. GOTTLIEB WHEREAS, for generations, many entities -
NYSDOT governmental, quasi-governmental and private -
Pursuant to Section 104a of the Highway Law the involved in waterfront development, but these entities
following described highway: have precious little to show for their years of efforts,
New York Route 198 from the 1-190 interchange to and
the Grant Street interchange, including all adjoining WHEREAS, the area in which significant public access
ramps. 1-190 from one mile south to two miles improvement have been seen is at the site commonly
north of New York Route 198 including all adjoining known as Gallagher Beach, where the construction of a
ramps. Niagara Street from Bird to Ontario. All in boardwalk, walking paths, increased lighting and other
the City of Buffalo, Erie County which is being amenities have better connected the people to the
reconstructed under Contract No. D259737 is waterfront, and have resulted more and better public
hereby designated as a Restricted Highway. access to the Outer Harbor, and
Designation of restricted highway shall expire on WHEREAS, led as it was by the then-New York State
November 1, 2006. Assemblyman Brian Higgins, the Gallagher Beach
Pursuant to Section 1625 of the Vehicle and Traffic Law project, comprising nearly 90-acres of prime waterfront
all movement of vehicles, persons or animals on such land, represents the first successful Outer harbor
highway is hereby restricted and regulated in redevelopment project in generations, and will
accordance with the determination of the Commissioner culminate in its opening in 2006 as Buffalo Outer
of Transportation as evidenced by posted signs, signals Harbor State Park, and
or barriers placed along said highway and/or by WHEREAS, now as the member of Congress for New
t"
directions by an authorized representative of the
York's 27Congressional district, Mr. Higgins has
Commissioner of Transportation.
proposed the creation of a locally controlled waterfront
Any action taken by the Commissioner of
development corporation with a limited life span and
Transportation pursuant to Section 1625 of the Vehicle
dearly defined responsibilities including the financing,
and Traffic Law shall supersede any other provisions of
design, engineering and construction of development
the Vehicle and Traffic Law where inconsistent or in
projects along Inner and Outer Harbor, as well as
conflict with respect to the following enumerated
certain areas within traditional waterfront boundaries,
subjects:
and
Establishment of maximum and minimum speed limits
WHEREAS, in so doing, this Corporation would wipe
at which vehicles may proceed along any such
the slate clean of the myriad economic development
restricted highway. Weights and dimensions of
and other associated agencies - governmental, quasi-
vehicles.
governmental and otherwise -with competing interests
Use of such restricted highway by pedestrians,
and fair-to-poor records of delivery on promises;
equestrians, and animals.
instead what is envisioned is an entity with a limited life
Parking, standing, stopping and backing of vehicles.
span which seeks to focus on forward progress now,
Control of persons and equipment engaged in work on
with less emphasis on studies and surveys, and more
such highway.
emphasis on the design and construction of
The provisions of the Vehicle and Traffic Law with
physical improvements to the Lake Erie shoreline, and
respect to registration shall not apply to vehicles and
equipment engaged in work on such restricted
WHEREAS, Congressman Higgins has proposed the
highways.
establishment of the Buffalo
When used on such restricted highways, all traffic
Waterfront Development Corporation in a letter to the
control devices shall be considered as official traffic
Governor, the Erie County Executive and the Mayor of
control devices and shall conform to the manual and
Buffalo, and has secured the support of New York's
specifications for a uniform system of traffic control
United States Senators in this effort, and
devices adopted by the Department of Transportation.
KEVIN M. KELLEY
Dated: April 29, 2005
TO WHOM IT MAY CONCERN:
RECEIVED AND FILED
I HEREBY CERT1FY That at the 12th Session of the
Legislature of Erie County, held in the Legislative 21, 1996, to register with the Division of Criminal
Chambers, in the City of Buffalo, on the Fifth day of Justice Services. In addition, sex offenders sentenced
May A.D., 2005, a Resolution was adopted, of which to probation, local jail, or state prison after that date
the following is a true copy." must register upon their return to the community, and
WHEREAS, the purpose of this proposed Corporation WHEREAS, since 1996, when Megan's Law was first
is very simple: its creation will result in real projects, passed, it was expanded in 1999, 2002, and 2003, and
with real timelines, with jobs for real Western New York WHEREAS, at this time, only Level 2 (moderate risk of
families and with real accountability to the public at re-offense) and Level 3 (high risk of re-offense) sex
large for meeting its goals; it will represent the death of offenders must register with police. It is then the police
the broken promises about development
waterfront department's responsibility to notify area school
made to generations of Western New Yorkers and to districts. Parent must then meet the police department
the failed expectations of those who have gone before or the New York 9tare website to obtain information,
us, and and:
WHEREAS, endorsement of this proposal by the • WHEREAS, New YorkState recently received an
Legislature would place this Honorable Body on record 'F' on a national Megan's Law Report Card produced by
in support, and would help to fulfill the Legislature's Parents for Megan's Law, a not-for-profit child advocacy
commitment to enhancing and improving economic and Megan Law watchdog group; and
development in Buffalo, Erie County and Western New WI-IEREAS, this survey evaluated a community level of
York, accessibility of sex offender registration information, the
NOW, THEREFORE, BE IT extent of information available and national participation
RESOLVED, that the Erie County Legislature does in civil commitment laws, and
hereby reaffirm its commitment to the enhancement WHERAS, numerous problems have been reported
and improvement of economic development and job around the State of information sex offenders not being
creation efforts in Buffalo, Erie County and Western properly disseminated to area residents and
New York, and be it further WI-IEREAS, Governor Pataki recently introduce
RESOLVED, that this Honorable Body does hereby legislation to include Level 2 sex offenders on the New
endorse the proposal offered by Congressman Brian York State Criminal Justice website, where, presently,
Higgins with respect to creation of a locally controlled information is only available about Level 3 offender,
waterfront development corporation with a limited life NOW, THEREFORE, BE IT
span and clearly defined responsibilities including the RESOLVED, the Erie County Legislature is in strong
financing, design, engineering and construction of support of Megan's Law and its intent of protecting our
development projects along Inner and Outer Harbor, as most valued resource our children, and be it further
well as certain areas within traditional waterfront RESOLVED, this honorable body is in support of the
boundaries, and be it further proposal to include Level 2 sex offenders on the New
RESOLVED, that this Honorable Body does hereby call York State Criminal Juice website, and be it further
upon the Erie County Executive and the Mayor of RESOLVED, the Erie County Legislature calls for a
Buffalo to endorse this proposal, and does urge both State Commission to be formed to investigate problem
leaders to join with this Honorable Body in urging the Megan's Law has in New York State particularly in the
Governor of New York to support this proposal and area of dissemination of information, and to recommend
move forward with it quickly, and be it further changes to improve this important and vital law, and be
RESOLVED, that certified copies of this resolution be it further
sent to the Governor of the State of New York, the Erie RESOLVED, that this Honorable Body requests that the
County Executive, the Mayor of Buffalo, the Buffalo Buffalo Public Schools " explore establishing guidelines
Common Council, the Chairman of the Empire State similar to those in suburban school districts for the
Development Corporation, the Chairman of the Erie notification of local residents when sexual offenders
County Industrial Development Agency, and to the move into their neighborhoods, and be it further
Board of Directors of the Buffalo Niagara Partnership. RESOLVED, that this Honorable Body requests that the
KEVIN M. KELLEY new Superintendent of School in Buffalo work with the
Clerk of the Legislature of Erie County Buffalo Board of Education, Buffalo Police Department,
RECEIVED AND FILED Erie County Department of Probation, as well as other
law enforcement, school, and neighborhood entities to
NO. 68 disseminate appropriate warning and advisory
A RESOLUTION TO BE SUBMITTED BY ERE information to residents concerning local sexual
COUNTY LEGISLATURE offenders, and be it further
LEGISLATOR KENNEDY RESOLVED, the Clerk of the Legislature is instructed to
SUPPORT FOR STRENGTHENING THE NEW send certified copies of this resolution to the Sheriff
YORK STATE SEX Patrick Gallivan, the Western New York delegation to
OFFNDERS REGISTRY ACT TO PROTECT the NYS Legislature, Governor George Pataki,
COMMUNITY Assembly Speaker Sheldon Silver, Senate Majority
WHEREAS, on July 29, 1994, a 7-year-old Leader 1oseph Bruno, Attorney General Eliot Spitzer,
Hamilton Township, New Jersey girl Was lured into her Parents for Megart's Law (PO BOX 145, Stony Brook,
neighbor's home with the promise of a puppy and was New York 11790), Commissioner of .he Buffalo Police
brutally raped and murdered by a two-time convicted Department Rocco Diina, the Buffalo Board of
sex offender, took effect Jan. 21, 1996, and Education, and Erie County Commissioner of Probation
WHERFAS, shortly after that time, New York State George Alexander.
Joined numerous other states in passing Megan's Law REFERRED TO THE COMMITTEE ON LEGISLATION
legislation which created a statewlde registry of
convicted sex offender, and NO. 69
WHEREAS, this law mandates that anyone on parole or RECYCLING IN THE COMMON COUNCIL CENTRAL
probation or imprisoned for a sex Offense on January STAFF OFFICE
The Common council Central staff office located in
room 1413 participates in recycling by doing the NO. 72
following: MAY 12, 2005
In our office of 8 people, each person has a recycling
container next to their desk for paper. These paper MBE/WBE CERTIFICATION PROCESS
items are collected by custodial staff once per week. Dear Honorable Council Members:
We recently started placing plastic containers in a I strongly disagree with Resolution #137 CCP, "Shifting
separate bin which, Mark Jaskula personally empties the City of Buffalo/Erie County Joint Minority Business
th
Enterprise (MBE) and Women Business Enterprise
once a week into a tote for plastics on the 13floor of
(WBE) Certification Process to the City of Buffalo" for
City Hall. In the past we have not recycled toner
the following reasons:
cartridges for our copy machines. Recently Karen
Privateer took it upon herself to recycle a used toner
1. The premise that MBE and WBE companies are not
cartridge and we will continue to do so in the future.
afforded an opportunity to do business is false and
At the initiative of Jim Pajak, our computer-generated
without merit.
documents are printed double sided to reduce the
2. While the County of Erie has suffered drastic
amount of paper used in the office.
budget cuts, the County has remained committed to the
While we place paper and plastic in designated
delivery of services, the utilization of Minority and
recycling bins, I personally do not know what happens
Women Owned Entrepreneurs and the inclusion of
to those items when the custodial staff picks them up.
minorities and women in the workplace. In fact, in spite
REFERRED TO THE COMMITTEE ON FINANCE
of severe cuts, the County of Erie has maintained a full
time MBE/WBE Coordinator and Director of Equal
NO. 70
Employment Opportunity to ensure women and
INFO FRESH AIR COALITION
minorities are successful participants in the economic
Kindly accept FRESH AIR COALITION's request to
future of our community. Although there was a period of
make a presentation to the Buffalo Common Council on
transition, the system of certification is not
the matter of Shared Border Management at the Peace
compromised. Meetings are held in a timely manner
Bridge from the perspective of many Fort Erie, Ontario
and each entrepreneur is equipped with a Letter of
residents.
Certification as proof of its ability to do business with
Many Fort Erie residents are strongly opposed to
the County of Erie and City of Buffalo.
Shared Border Management at the Peace Bridge. This
3. The County of Erie established, at its own cost, the
plan will greatly benefit the City of Buffalo but have long
database that contains a listing
lasting significant negative impacts on the economic,
of bona fide Minority and Women Owned Businesses.
environmental, human health and livability of Fort Erie.
This database is updated systematically with the
FRESH AIR COALITION believes that by taking the
certification and re-certification of MBE's and WBE's. To
trucks off the Peace Bridge both Fort Erie and Buffalo
ensure active participation of only legitimately certified
will benefit and that international trade and
businesses, businesses which have not applied for re-
transportation will benefit with their own dedicated
certification and/or failed to maintain management and
processing facility and bridge located away from the
control of their business are removed for the data base.
Peace Bridge.
WHAT IS EQUAL OPPORTUNITY
FRESH AIR COALITION believes the best possible
Equal Opportunity is the fundamental belief that all
solution for this bi-national issue can best be developed
persons should be free to pursue the work of their
with candid discussion and active participation of all
choice, and advance in that work based solely on their
stakeholders. For whatever reasons, the voice of the
qualifications and performance. It is the fair and
Fort Erie residents has not been heard.
unleashed chance to compete on equal ground for jobs
Based on the attached PowerPoint information, the
and contracts, and to be treated equally in regard to
presentation by FRESH AIR COALITION will introduce
benefits, terms and conditions. EDWARD A. RATB
the above position, and include an update on FRESH
COUNTY OFFICE BUILDING * 95 FRANKLIN STREET
AIR COALITION's petition, advertising and flyers.
* BUFFALO, NEW YORK * 14202-3904 * 716/858-7542
FRESH AIR COALITION is a neutral, grassroots, non-
• www.erie.gov
profit, private organization in Fort Erie, concerned with
4. The County of Erie, at its own cost, and in
the many bi-national border-crossing issues at the
accordance with the guidelines for certification, has
upper Niagara River.
continued to be responsible for working up each
For further information, please contact me at 905-871-
application for presentation to the Committee; making
3399 or FreshAirCoalition,bellnet.ca
certain each Committee member has a full package of
RECEIVED AND FILED
information on each proposed MBE/WBE; duplication of
materials; maintaining up to date files on each
NO. 71
business; scheduling regular certification hearings;
RE: ITEM 133, CCP MAY 3, 2005 "RECYCLING
biannually reviewing each certified business for its
RATES IN CITY HALL"
continued eligibility and performing site visits, as may
Dear Ms. Rushton,
be needed.
In response to the attached resolution, please note the
5. The stated purposes of the Joint Certification
following. Once a week (Tuesday's) for the past three
Committee are:
(3) weeks our driver has serviced City Hall, which has
To increase efficiency in the certification of bona fide
generated approximately one (1) cubic yard of
MBE/WBE firms and to decrease the duplication of
recyclable fiber (paper) material. To try and calculate
effort in the certification process;
volumes, a longer period of service is required. To
To minimize the burden of excessive paperwork on
determine participation, an in house audit must be
MBE/WBE and reduce the time involved in the
conducted. Our personnel service the totes at curbside.
certification process;
Please contact my office with questions.
To develop uniform standards for certification as a bona
REFERRED TO THE COMMITTEE ON FINANCE
fide MBE/WBE and reduce the time involved in the a marketing company is utilized.
certification process; and Chicago utilizes a Blue Bag program which began in
To provide a framework for the exchange of information 1995 and gives away 3-packs of bags to promote
and expertise in the area recycling. A recycling program in the public schools is
of certification starting this year. Recyclables are placed in three
To trust such a process to Buffalo's Department of separate bags 1) clean paper, 2) containers metal,
Community Services that has traditionally been unable plastic, glass and 3) yard waste.
to deliver much needed services to this community, In public housing developments, Chicago utilizes a Buy-
including the monitoring and compliance of MBE/WBE Back Program. Public housing residents bring
participation on certain State and Federally funded recyclable materials to a collection truck that comes to
contracts, and that lacks the staff and efficiency to their neighborhood once a week. A voucher
perform the duties that this office has done so redeemable at local grocery stores is given for the
effectively, is for this Council to regress in its efforts to value of the recyclables after they are weighed. VISTA
avoid the duplication of services. And, more volunteers provide recycling outreach to the public
importantly, it is a regression of this Honorable body's housing community. In 2003 2,500 tons of recyclable
efforts to afford Minority and Women inclusion and the material was collected from public housing residents, a
fair opportunities that you have worked so hard to make 12% increase from 2002.
available. Chicago in 2003 was planning to start a pilot program
Finally, any successful joint collaboration between the utilizing brightly colored pre-printed stickers provided by
City of Buffalo and County of Erie requires a sharing of the City, which can be fixed to any color garbage bags
information and communication. To my knowledge, no to indicate that the bag contains recyclables. The
person or agency from the City of Buffalo contacted my sticker program will eliminate the need to purchase blue
office regarding any concern that they may have had bags, a common concern among residents.
regarding the data base or our ability to continue in the The City was also seeking to partner with Walgreen's
certification process. I assure you that any concerns by and other stores, to give customers the option of having
this Council will be addressed immediately their purchases bagged into blue shopping bags. These
REFERRED TO THE MINORITY BUSINESS blue shopping bags can then be reused by customers
ENTERPRISE ECOMMITTEE as recycling bags.
Baltimore
NO. 73 26% residential recycling rate - 279,572 tons collected
RECYCLING INFO Yard waste, metals, tires, white goods 111,586
At a recent special Finance Committee meeting Paper 21,703
regarding recycling, you requested information on cities Metal (bottles & cans) 2,357
that are recycling at a higher rate than Buffalo's 6.6% City picks up materials every other week. The City
for comparative purposes. implemented a weekly paper recycling program in 17
The information complied by Milly Castro and Karen public schools and 22 City office buildings. The
Privateer to date is as follows: program is being expanded to all school and city
Columbus Ohio buildings. This expansion was made possible through a
65 Niagara Square, Room 1413 Buffalo, New York grant from the Maryland Environmental Service. City
14202-3318 Phone: (716) 851-5105 employees are given a short instructional presentation
Pax: (716) 851-4234 on a floor-by-floor basis. 1,000 block captains help
Recycling rate 12% - 45,073 tonnage collected (31,169-promote recycling efforts in their neighborhoods.
yard trimmings) Milwaukee
Recycling pick up is an optional program that residents Recycling rate 26% 67,996 tons collected
pay $6.00 per month. 11,000 households participate. Yard Trimmings 35,401 tons
Residents are not charged for yard waste. A private Paper 18,850
company picks up materials weekly at curbside on the Other 5,884
same day as regular garbage pick-up. Glass 4,982
Columbus spends $100,000 for educating and Plastic 1,728
marketing. Metal 1,151
A pilot Blue Bag Program is being started where Items are picked up curbside on a weekly basis by
recyclable materials are placed in blue bags which will private company. The recycling bins used have two
be picked up and co-mingled with regular garbage and compartments, one side for paper and cardboard and
then separated. This program started April 25, 2005 in the other side for plastic, metal and glass.
a 12,000 household area. According to the Milwaukee Sanitation Department
Chicago
Annual Report, in 2003 Milwaukee's curbside
residential recycling program collected 26,100 tons of
Recycling rate 57%, of which 25% is for residential
materials.
recycling
REFERRED TO THE COMMITTEE ON FINANCE
1.2 million tonnage of residential garbage collected in
2002-03 - 941,000 tons were processed with 204,000
NO. 74
tons removed for recycling.
REQUEST FOR STOP SIGN ON EAST DELAVAN
Yard Waste 56% 114,355 tons
AVENUE AND ~ STREET
Newspaper 22.32% 45,512
Please file the enclosed item with the council for review
Other (batteries, concrete, wood)0.58% 21,633
and deliberation at the next meeting on May 17, 2005 at
Metal 9.91% 20,211
2pm.
Glass 78% 1,589
Respectfully yours,
Plastic .32% 655
: stop sign on E.Delavan Ave. & Hager Streets
Weekly pickup by private company at 660,000
Dear Rasheed:
households
This is a request for consideration of placement of a
Chicago spends $740,000 on education and marketing,
Stop Sign, or Signal Light to be placed at the corner of The most widely used program to be eliminated
E. Delavan and Hager Streets. I have discussed this screened for lead poisoning, a daunting problem,
with Martha More, our Block Club President and she especially in the inner city, where children live in or play
agrees with me that we need a way to address the among decades-old houses containing lead-based
problems of motorist speeding on E. Delavan, which paint.
has resulted in several accidents and damage to private "This is a significant issue as it relates to children's
property. health and well-being," Zimmerman said.
As I said at the meeting on Saturday, I had one car Last year, the county tested about a third of the 19,000
damaged by a speeding motorist at 5:00 AM two years children younger than 5 who were screened for lead
ago, and last year, my car was totaled by a hit and run poisoning. Since private insurers paid for the other two-
motorist at 4:00 Am. This accident forced my car into thirds of the tests, Zimmerman said he doubts
neighbors car which was parked in her driveway and commercial laboratories would have an economic
resulted in $4,000 damaged to her vehicle. Most incentive to pick up the services the county had
recently, another speeding motorist knocked down the provided at no cost.
Street light on Delavan between Hager and Oakgrove A1 Halley, program director of the Supportive Living
Street. This also occurred during the early morning Program at Cazenovia Recovery Systems on Buffalo's
hours. Besides these incidents, motorist regularly Bast Side, said losing these programs is a blow to
speed on E. Delavan between Oakgrove and Meech as vulnerable populations.
they are not forced to slow down. This occurs in the late "We stress to the people within our programs to go
evening and sometimes during the day as well. about doing the things that will enhance their health and
Any assistance Councilman Thompson can provide to their physical condition," Halley said. "I think (what's
address this problem would be most appreciated. happening) is bad for the residents of the community,
Thank you for your attention to this matter. because these (tests) are vital and important."
Bernadine J. Kennedy Screenings for sickle cell anemia, an inherited and
251 E. Delavan Ave. chronic disease that affects 1 out of 500 African-
Buffalo NY 14208 Americans, average 1,500 to 2,000 annually.
Waive 45 Days Lead poisoning, anemia and sickle cell anemia typically
RECEIVED AND FILED afflict fewer than 5 percent of those tested, but the
diagnosis opens the door to vital treatment, Zimmerman
NO. 75 said.
ERIE COUNTY CUTTING LEAD He added that restaurant inspectors who had visited
POISONING/DRINKING WATER PROGRAMS each establishment two or three times a year now hope
Dear City Clerk Chwalinski: to be able to make one annual visit.
Please file the attached item with the council for the Because of a shrunken work force, the county lab
next council meeting on May 17, 2005. collects fewer samples and, therefore, conducts fewer
Should you have any questions, please feel free to tests of drinking water supplies, including privately
contact my office at (716) 851-5145. owned wells in the Southtowns.
This is an outrage, especially considering the fact that The county's rodent-control program has also been
one zipcode in Buffalo has the highest rates of scaled back, Zimmerman said.
childhood lead poisoning in NYS. "We simply don't have the staff we used to blitz
"The most widely used program to be eliminated communities," he explained.
screened for lead poisoning, a daunting problem, Zimmerman, who has headed the county lab for ii
especially in the inner city, where children live in or play years, said he got into public health to help vulnerable
among decades-old houses containing lead-based populations. He described himself as deeply troubled
paint. " by the cutbacks and said he wonders why they have
Health Dept. cuts hurt most needy, official says not sparked a public uproar.
By MARK SOMMER "It is the poor that get the shaft, and right now I'm not
News Staff Reporter seeing anybody stepping forward as their advocate," he
5/2/2005 said.
Scott Zimmerman decries lack of uproar. /e-mail: msommer@buffnews.com
A health official has warned that a new round of cuts Mike Schade
that takes effect today endangers the county's most Western New York Director Citizens' Environmental
vulnerable residents. Coalition 543 Franklin Street.
Because of the county budget crisis, the Health Buffalo, New York 14202
Department no longer tests for lead poisoning, anemia, (716) 885-6848 Phone
sickle cell anemia or advanced syphilis. (716) 885-6845 Fax cecmike@choiceonemail.com
http://www.cectoxic.org/ http://www.ecothreatny.org/
Budget cuts also have weakened the department's food http://www.kodakstoxiccolors.org/
safety, safe drinking water and rodent control programs, RECEIVED AND FILED
according to Scott Zimmerman, the department's
director of public health laboratories, epidemiology and
environmental health. NO. 76
"I'm horrified. We're supposed to be the safety net," REQUEST FOR A STOP SIGN ON HAGWR STREET
Zimmerman said. "I think what we've eliminated are @ EAST DELAVAN AVENUE
some of the last vestiges available to populations that Dear City Clerk Chwalinski:
rely upon public health to be the providers of health Please file the attached item with the council for the
care." next council meeting on May 17, 2005.
The Health Department has laid off 45 percent of its Should you have any questions, please feel free to
staff, including i00 nurses - most of them in the school contact my office at (716) 851-5145.
nurse program, Zimmerman said. Antoine M. Thompson
Masten District Council Member COUNSEL.
Dear Rasheed:
This is a request for consideration of placement of a NO. 82
Stop Sign, or Signal Light to be placed at the corner of M. HARTUNG, AGENT, USE 518 NIAGARA ST.-
E Delavan and Hager Streets. I have discussed this SIDEWALK CAFE
with Martha More, our Block Club President and she The attached is for Common Council Approval; but per
agrees with me that we need a way to address the Permits, no public hearing is required.
problems of motorist speeding on E. Delevan, which REFERRED TO THE COMMITTEE ON LEGISLATION,
has resulted in several accidents and damage to private CITY PLANNING BOARD AND CORPORATION
property. COUNSEL.
As I said at the meeting on Saturday, I had one car
damaged by a speeding motorist at 5:00 AM two years NO. 83
ago, and last year, my car was totaled by a hit and run NORTH PEARL STREET BLOCK CLUB
motorist at 4:00 Am. This accident forced my car into Enclosed please find copies of a petition which we
neighbors car which was parked in her driveway and circulated with regard to the Restoration Society, Inc.
resulted in $4,000 damaged to her vehicle. Most Clubhouse's proposed relocation.)
recently, another speeding motorist knocked down the from 12 Elmwood Avenue to 433 Franklin Street.
Street light on Delavan between Hager and Oakgrove These petitions include signatures from North Pearl and
Street. This also occurred during the early morning Franklin Streets and it should be obvious from the
hours. Besides these incidents, motorist regularly amount of signatures that we are against this move.
speed on E Delavan between Oakgrove and Meech as Also included are letters from North Pearl residents to
they are not forced to slow down. This occurs in the late the African Association with regard to this change of
evening and sometimes during the day as well. location.
Any assistance Councilman Thompson can provide to We hope that you will do all you can to help us stop this
address this problem would be most appreciated. relocation 0f this agency.
Thank you for your attention to this matter. Sincerely,
Bernadine J. Kennedy Kym Mosgeller
251 E. Delevan Ave. Co-Chair Block Club
Buffalo NY 14208 Dear Councilman Davies:
REFERRED TO THE COMMITTEE ON LEGISLATION This letter is in regards to the purchase of 433 Franklin
AND THE COMMISSIONER OF PUBLIC WORKS street for the use of the "Restoration Society". As a
resident of North Pearl [82] street I Strongly object to
this group being in what is turning into a very desirable
PETITIONS area after years of being run down and neglected. We
NO. 77 already have enough people living or passing through
K. BRINKWORTH, AGENT, USE 223 ALLEN STREET the area, panhandling and drinking out of brown bags.
FOR AN OUTDOOR PATIO (HRG. 5/24) I moved here from Atlanta and like other area
REFERRED TO THE COMMITTEE ON LEGISLATION, professional residents have spent a large amount of
CITY PLANNING BOARD AND CORPORATION money to renovate a once run down rooming house into
COUNSEL. a single family home in the hopes of seeing Allentown
turn around as a neighborhood of this historic caliber
NO. 78 would in any other city. In fact, I believed in it So
J. SHEPARD, OWNER, USE 1122 HERTEL AVE TO strongly I purchased another home on the street,
ENCLOSE A PATIO number 1 N. Pearl to move my mother into from
(DELAWARE) (HRG 5/24) Atlanta, that home is currently also under massive
REFERRED TO THE COMMITTEE ON LEGISLATION, restoration and unfortunately, at the moment I am for
THE CITY PLANNING BOARDAND THE the first time second guessing my decision to live in the
CORPORATION COUNSEL area. Hearing from residents that live in the area where
Restoration Society is currently housed, I am worried
NO. 79 about moving a widowed women into the area who will
R. DIGIULIO, REZONE 259 MINERAL SPRINGS TO feel unsafe and insecure, we have family's with children
BUILD A MINI STORAGE COMPLEX (SOUTH) (HRG in the area and unfortunately one such family is moving
5/24) to the suburbs because of current problems and I would
REFERRED TO THE COMMITTEE ON LEGISLATION, be unhappy to see others leave for the same reasons.
THE CITY PLANNING BOARDAND THE Franklin and North Pearl are on the cusp of Allentown
CORPORATION COUNSEL and if we work as a group to keep the engine of
restoration steaming ahead, I believe we can tie the
NO. 80 new main street and medical corridor into the Allentown
T. KLENTOS, AGENT, USE 510 ELMWOOD AVENUE neighborhood and have a vital area teaming with new
FOR A SIDEWALK CAFI~ (HRG. 5/24) residents and bring Allentown back to what it should
REFERRED TO THE COMMITTEE ON LEGISLATION, always of remained, a home for family's, not an area
CITY PLANNING BOARD AND CORPORATION filled with social services. Please, help us to move
COUNSEL. ahead, not regress.
RECEIVED AND FILED
NO. 81
A. LABOY, AGENT, USE 1175 AKA 1183 HERTEL REGULAR COMMITTEES
FOR A 2 FAMILY DWELLING W/SIT IN CIVIL SERVICE
RESTAURANT AT FIRST FLOOR. (HRG. 5/24) (Bonnie E. Russell, Chairperson)
REFERRED TO THE COMMITTEE ON LEGISLATION,
CITY PLANNING BOARD AND CORPORATION NO. 84
APPOINTMENT PASSED.
APPT-TELEPHONE OPERATOR (MAX) (MAYOR) AYES-9. NOES-0.
(ITEM NO. (MAY 3, 2005)
That Communication 2, May 3, 2005 be NO. 90
received and filed and the permanent appointment of APPOINTMENT
Lanette Boulware-Wright stated above at the maximum APPT-HEARING
starting salary of $30,114 effective on April 13, 2005 is OFFICER(TEMP)(FLAT)(GANNON)(A&F) (ITEM NO.
hereby approved. 38-APR 19, 2005)
PASSED. That Communication 38, Apr 19, 2005 be
AYES-9. NOES-0. received and filed and the temporary appointment of
John J. Gannon stated above at the flat starting salary
NO. 85 of $110/day effective on April 11, 2005 is hereby
APPOINTMENT approved.
APPT-FILTRATION PLAN OPERATOR (PROV) PASSED.
(MAX) (PW) (ITEM NO. 25-APR 19, 2005)
That Communication 25, Apr 19, 2005 be NO. 91
received and filed and the provisional appointment of NOTICES OF APPOINTRNENTS-
Robert Benevento stated above at the maximum TEMP./PROV./PERM.(C.CLK.)
starting salary of $36,003 effective on April 4, 2005 is (ITEM NO. 60, 5/3)
hereby approved. That the above item be and the same hereby is
PASSED. received and filed.
AYES-9. NOES-0. ADOPTED.
NO. 86 NO. 92
APPOINTMENT NOTICES OF APPOINTMENTS-
APPT-LABORER II (PERM)(MAX)(PIECZYNSKI)(PW) TEMP./PROV./PERM.(C.CLK.)
(ITEM NO. 27-APR 19, 2005) (ITEM NO. 45, 4/19)
That Communication 27, Apr 19, 2005 be That the above item be and the same hereby is
received and filed and the permanent appointment of received and filed.
Lonnie Pieczynski stated above at the maximum ADOPTED.
starting salary of $27,833 effective on April 7, 2005 is
hereby approved. FINANCE
PASSED. (BRIAN C. DAVIS, CHAIRMAN)
AYES-9. NOES-0. NO. 93
TOSH COLLINS CAZ. ICE RINK INVOICES (CC)
NO. 87 (ITEM NO. 46, 5/3)
APPOINTMENT That the above item be and the same hereby is referred
APPT-PUMPING PLANT OPERATOR to the Committee on Claims.
(TEMP)(MAX)(CALORICO)(PW) (ITEM NO. 28-APR ADOPTED
19, 2005)
That Communication 28, Apr 19, 2005 be NO. 94
received and filed and the temporary appointment of WAIVER OF THE PLUMBING FEES FOR THE
Richard Calorico stated above at the maximum starting NORTH JEFFERSON LIBRARY
salary of $42,289 effective on April 4, 2005 is hereby (ITEM NO. 142, C.C.P., MAY 3, 2005)
approved. That the above item be and the same hereby
PASSED. is returned to the Common Council without
AYES-9. NOES-0. recommendation.
Mr. Davis moved:
NO. 88 That the above item be and the same hereby is
APPOINTMENT received and filed.
APPT-CONSULTANT III (TEMP)(BALK)(POL) (ITEM ADOPTED.
NO. 31-APR 19, 2005)
That Communication 31, Apr 19, 2005 be NO. 95
received and filed and the temporary appointment of BERC PENSION PLAN (COMPT)
Thomas W. Balk stated above at the flat starting salary (ITEM NO. 9, 4/5)
of $30.00 hr. effective on March 23, 2005 is hereby That the above item be and the same hereby is
approved. received and filed.
PASSED. ADOPTED
AYES-9. NOES-0.
NO. 96
NO. 89 BERC PENSION PLAN (CC)
APPOINTMENT (ITEM NO. 22, 4/5)
APPT-REPORT TECHNICIAN That the above item be and the same hereby is
(PERM)(MAX)(BORCZYNSKI)(POL) received and filed.
(ITEM NO. 32-APR 19, 2005) ADOPTED
That Communication 32, Apr 19, 2005 be
received and filed and the permanent appointment of NO. 97
Rose Borczynski stated above at the maximum starting RESPONSE BERC PENSION PLAN-HR HAS NO
salary of $30,213 effective on March 22, 2005 is hereby INVOLVEMENT (HR)
approved. (ITEM NO. 28, 4/5)
That the above item be and the same hereby is B. RODRIQUEZ, PETITION TO USE 544 NIAGARA
received and filed. STREET - PATIO ENCROACHMENT
ADOPTED (ITEM NO. 73, C.C.P., MAY 3, 2005)
That the above item be and the same hereby
NO. 98 is, returned to the Common Council without
TH
recommendation.
B. RUSSELL-"SHOOTOUT IN HSG. DEV. IS 4IN 5
Mr. Fontana moved:
DAYS-BUFF. NEWS-4/17/05
That after the public hearing before the
(ITEM NO. 65, 4/19)
Committee on Legislation on May 10, 2005, the petition
That the above item be and the same hereby is
of B. Rodriquez, agent, for permission to use 544
received and filed.
Niagara Street for a patio encroachment be, and hereby
ADOPTED
is approved.
PASSED.
NO. 99
AYES-9. NOES-0.
TOSH COLLINS & CAZ. ICE RINK INVOICES (CC)
(ITEM NO. 39, 1/11)
NO. 105
That the above item be and the same hereby is referred
B. BAURNKER, PETITION TO USE 50 THIELMAN –
to the Committee on Claims.
ILLUMINATED GROUND SIGN
ADOPTED.
(ITEM NO. 74, C.C.P., MAY 3, 2005)
That the petition or B. Baumker, agent, for
NO. 100
permission to use 50 Thielman for an illuminated
CITY RESIDENTIAL RECYCLING RATES
ground sign be, and hereby is approved.
(ITEM NO. 51, 4/19)
Passed.
That the above item be and the same hereby is
AYES-9. NOES-0.
received and filed.
ADOPTED
NO. 106
D. TRACEY, PETITION TO USE 426 HERTEL
NO. 101
AVENUE - OUTDOOR PATIO
COMPARISON OF RECYCLING PROGRAM
(ITEM NO. 75, C.C.P., MAY 3, 2005)
(ITEM NO. 52, 4/19)
That the petition of D. Tracey, agent, for
That the above item be and the same hereby is
permission to use 426 Hertel Avenue for a outdoor
RECEIVED AND FILED.
patio be, and hereby is approved.
PASSED.
NO. 102
AYES-9. NOES-0.
RECYCLING EDUCATION (PW) (#28,3/11)
(ITEM NO. 86, 4/19)
NO. 107
That the above item be and the same hereby is
POLICE OFFICER FOOT PATROL (POL)
received and filed
(ITEM NO. 38, 5/3)
ADOPTED
That the above item be and the same hereby is
received and filed.
LEGISLATION
ADOPTED
(RICHARD A. FONTANA, CHAIRMAN)
NO. 108
RD
3ROOM BAR
NO. 103
ORDINANCE AMENDMENT-CHAPTER 511-ZONING (CCP#58,4/19/05)(CC)
APPLICATIONS AND APPEALS (HRG. 5/17) (ITEM NO. 44, 5/3)
(CCP# 118-5/3/05) That the above item be and the same hereby is
That the above item be and the same is returned to the received and filed.
Common Council without recommendation. ADOPTED
RECOMMENDED BY THE COMMITTEE ON
LEGISLATION NO. 109
A public hearing has been set, before the Common FOOD STORE
Council, at this regularly scheduled meeting, on the LICENSE- 197 ALLEN (ITEM NO. 47, C.C.P., MAY 3,
above item, and a Notice of same has been published 2005)
in the Buffalo News, a copy of which is attached heretoThat the above item be, and the same hereby is
On a motion by Mr. Coppola, seconded by Mr. returned to the Common Council without
Thompson, the item is properly before the Common recommendation.
Council, and the hearing is opened. Mr. Fontana moved that Legislation
CARRIED the above item be recommitted to the Committee on
Appearances –None. Legislation
Mr. Coppola now moved that the hearing be closed. ADOPTED
Seconded by Mrs. Russell.
CARRIED NO. 110
Mr. Fontana moved: SECONDHAND DEALER - 1981 CLINTON
That the above mentioned item be and the same is (ITEM NO. 50, C.C.P., MAY 3, 2005)
hereby received and filed. That pursuant to Chapter 254 of
ADOPTED. the City Code, the Commissioner of Permit &
Inspections Services be, and he hereby is authorized to
NO. 104 grant a Secondhand Dealer license to John Pirro d/b/a
Pro Enterprises located at 1981 Clinton.
Mr. Fontana moved that the above item be recommitted ADOPTED
to the Committee on Legislation
ADOPTED NO. 119
ST
POLICE OFFICER FOOT PATROLS (EXC. 1&
NO. 111
ND
2RES.)
A. R.COHEN-BAILEY-AMHERST DIST. MGMT.
(ITEM NO. 98, 4/5)
ASSN. 7/1/05-6/30/06 BUDGET
That the above item be and the same hereby is
(ITEM NO. 62, 5/3)
received and filed.
That the above item be and the same hereby is
ADOPTED
received and filed.
ADOPTED
NO. 120
PROPOSED CHANGE TO DELICATESSEN LICENSE
NO. 112
RA
APPROVAL PROCESS (3RES)
M. COPPOLA-SNOW REMOVAL LETTER OF
(ITEM NO. 140, 3/8)
ADMINISTRATION ADJUDICATION
That the above item be and the same hereby is
(ITEM NO. 64, 5/3)
received and filed.
That the above item be and the same hereby is
ADOPTED
received and filed.
ADOPTED
NO. 121
BUFFALO PARKS ADVISORY BOARD (PW) (ITEM
NO. 113
RD NO. 25, 2/22)
RECYCLING RATES IN CITY HALL (3RES)
That the above item be and the same hereby is
(ITEM NO. 133, 5/3)
received and filed.
That the above item be and the same hereby is referred
ADOPTED
to the Committee on Finance.
ADOPTED
NO. 122
LIVING WAGE COMMISSION STATUS (COMPT)
NO. 114
(ITEM NO. 22, 3/22)
REQ. FOR DMV SATELLITE OFFICE IN CITY HALL
That the above item be and the same hereby is
RD
(3RES)
received and filed.
(ITEM NO. 135, 5/3)
ADOPTED
That the above item be and the same hereby is
received and filed.
NO. 123
ADOPTED
PROPOSED CHANGE TO DELI LICENSE
APPROVAL PROCESS (CC)
NO. 115
(ITEM NO. 41, 3/22)
TRAILBLAZER REQ. FOR THOMAS T. EDWARDS
That the above item be and the same hereby is
FUNERAL HOME
received and filed.
(ITEM NO. 137, 5/3)
ADOPTED
That the above item be and the same hereby is
received and filed.
NO. 124
ADOPTED
USED CAR DEALER LICENSE - 572 SOUTH
DIVISION
NO. 116
(ITEM NO. 43, C.C.P., MAR. 22, 2005)
REQ. FOR ADDL. POLICE DRUG AND GUN
That the above item be, and the
SNIFFING DOGS IN THE COB
same hereby is recommitted to the Committee on
(ITEM NO. 140, 5/3)
Legislation.
That the above item be and the same hereby is referred
ADOPTED
to the Committee on Budget.
ADOPTED
NO. 125
REAPPOINT MEMBER BD. OF HEATING
NO. 117
EXAMINERS (MAYOR)
REQUEST TO CHANGE PARKING RESTRICTIONS -
(ITEM NO. 1, 5/3)
1616 JEFFERSON AVENUE
That the above item be and the same hereby is
(ITEM NO. 141, C.C.P., MAY 3, 2005)
received and filed.
That the Common Council of the City does hereby
ADOPTED
request that the Division of Traffic Engineering amend
the parking regulation at 1616 Jefferson Avenue (East
COMMUNITY DEVELOPMENT
Delavan and Jefferson Avenues) from "No Parking" to
(JOSEPH GOLOMBEK JR., CHAIRMAN)
"10 Minute Parking" between the hours of 7am-gpm
NO. 126
from Monday through Sunday.
LDA-93,113 MAPLE & 74,78, 86 MULBERRY-ST.
ADOPTED
JOHN FRUIT BELT CDC-REDEV.
(HRG. 5/17)
NO. 118
(CCP# 121-5/3/05)
PROPOSED CHANGE TO DELICATESSEN LICENSE
That the above item be and the same is returned
APPROVAL (POL)
to the Common Council without recommendation.
(ITEM NO. 20, 4/5)
RECOMMENDED BY THE COMMITTEE ON
That the above item be and the same hereby is
COMMUNITY DEVELOPMENT
received and filed.
A public hearing has been set, before the
Common Council, at this regularly scheduled meeting, That the above item be, and the same hereby is,
on the above item, and a Notice of same has been returned to the Common Council without
published in the Buffalo News, a copy of which is recommendation.
attached hereto. Mr. Golombek moved: That the above Item be the
On a motion by Mr. Coppola seconded by Mr. Davis, same and is hereby received and filed
the item is properly before the Common Council, and ADOPTED
the hearing is opened.
Appearances- Maria Scinta, BURA, Rev Michael NO. 129
Chapman F. LYSIAK-INFO-DESIGNATE A DEV. FOR
Mr. Coppola now moved that the hearing be closed. WATERFRONT VILLAGE PROPERTY (STRAT
Seconded by Mr. Davis PLAN)
Mr. Golombek moved: (ITEM NO. 5, 5/3)
Designated St. John Fruit Belt Community That the above item be and the same hereby is
Development Corporation and/or other legal entity to be received and filed.
formed as qualified Redeveloper by the Buffalo Urban ADOPTED
Renewal Agency, is hereby approved as the
Redeveloper of 93, 113 Maple and 74, 78 and 86 NO. 130
Mulberry in the Fruit Belt Neighborhood Development LAND DISPOSITION AGREEMENT - 92, 113 MAPLE
Program ND - 401 Urban Renewal Area; and AND 74, 78 AND 86 MULBERRY - ST. JOHN FRUIT
That the Mayor is hereby authorized to execute any and BELT CDC REDEVELOPER (STRAT. PLAN.) (ITEM
all deeds or other documents necessary to convey land NO. 6, C.C.P., MAY 3, 2005)
described in the proposed "Land Disposition Designated St. John Fruit Belt Community
Agreement" to the City of Buffalo Urban Renewal Development Corporation and/or other legal entity to be
Agency, and there on to St. John Fruit Belt Community formed as qualified Redeveloper by the Buffalo Urban
Development Corporation and/or other legal entity to be Renewal Agency, is hereby approved as the
formed in accordance with the terms of said Agreement Redeveloper of 93, 113 Maple and 74, 78 and 86
and for the consideration recited therein. Mulberry in the Fruit Belt Neighborhood Development
PASSED Program ND - 401 Urban Renewal Area; and
AYES - 9 NOES - 0 That the Mayor is hereby authorized to execute any and
all deeds or other documents necessary to convey land
NO. 127 described in the proposed "Land Disposition
URBAN HOMESTEAD URBAN RENEWAL PLAN Agreement" to the City of Buffalo Urban Renewal
AMENDMENT Agency, and there on to St. John Fruit Belt Community
(HRG. 5/17) (CCP# 127-5/3/05) Development Corporation and/or other legal entity to be
That the above item be and the same is returned formed in accordance with the terms of said Agreement
to the Common Council without recommendation. and for the consideration recited therein.
ADOPTED
RECOMMENDED BY THE COMMITTEE ~
COMMUNITY NO. 131
A public hearing has been set, before the Common R. BROWN-REQ. FOR 2004 REPORTS ON HOW
Council, at this regularly scheduled meeting, on the FUNDS ARE SPENT (STRAT. PLAN)
above item, and a Notice of same has been published (ITEM NO. 7, 5/3)
in the Buffalo News, a copy of which is attached hereto. That the above item be and the same hereby is
On a motion by Mr. Coppola, seconded by Mr. Conrad , received and filed.
the item is properly ADOPTED
before the Common Council, and the hearing is
opened. NO. 132
Appearances- Brian Davis SUPPORT FOR THE BUFFALO WATERFRONT
Mr. Coppola now moved that the hearing be closed. DEVELOPMENT CORPORATION
Seconded by Mrs. Russell (ITEM NO. 111, C.C.P., MAY 3, 2005)
CARRIED. That the Common Council offers its wholehearted
Mr. Golombek moved: support for the establishment of a locally controlled
That the City Planning Board do hereby report to the waterfront corporation whose sole purpose will be to
Common Council and certify their unqualified approval sustain focus and results oriented development to
of the Urban Homestead amendment as defined in ensure the Buffalo waterfront finally meets its full
Subdivision 3 of Section 502, Article 15 of the New York unrealized potential; and
State Municipal Law pursuant to Section 504, Article 15 That this Common Council urges the Governor to sign
of the New York State General Municipal Law; and on to this proposal so as to move real projects and
That the Director of the Office of Strategic Planning is mark real results for public access on the Buffalo
directed and authorized the amendment to the Urban waterfront; and
Homestead Urban Renewal plan for the long term, That the City Clerk forward a copy of this resolution to
comprehensive redevelopment of the designated the Governor's Office, US Senators, US Congressional
parcels within approval areas. Representatives, Western New York State Delegation,
PASSED Buffalo-Niagara Partnership, Empire State
AYES - 9 NOES - 0 Development Corporation, ECIDA and NFTA.
ADOPTED
NO. 128
URBAN HOMESTEAD URBAN RENEWAL PLAN NO. 133
AMENDMENT (CITY PLANNING BD.) ADD. INFO. ON FED. FINANCIAL ASSISTANCE
(ITEM NO. 3, C.C.P., MAY 3, 2005) (COMPT.)
(ITEM NO. 13, 4/19) Whereas, one such settlement offer has been made to
That the above item be and the same hereby is Erie County and Buffalo by NYPA, and
received and filed. Whereas, aside from a haphazard proposal to set aside
ADOPTED
$3 million per year to supplement state parks' activities
in Western New York, the settlement offer to the city
and county would total $100 million (or $2 million per
NO. 134
year) over the 50-year life of the settlement, and
R. BROWN-REQ. FOR 2004 REPORTS HOW FUNDS
Whereas, in reports documented by current and former
ARE SPENT
members of the state legislature as well as by the New
(ITEM NO. 47, 4/19)
York State Comptroller, NYPA subsidizes its money-
That the above item be and the same hereby is
losing facilities in other parts of the state through the
received and filed.
sale of cheap hydropower to other regions and states,
ADOPTED
in a sense exploiting Western New York's natural
resources for monetary gain, and
NO. 135
Whereas, many An d believe that the $100 million
J. GOLOMBEK-L. COSTA-OPPOSE PROPOSAL
settlement offer made to the city and county submitted
BASS PRO
to the county for consideration, to be insufficient, and
(ITEM NO. 41, 4/5)
Whereas, the NYPA proposal would require that
That the above item be and the same hereby is
approved funds for various projects be recommended
received and filed.
by a "committee of 4," compromised, in part, by local
ADOPTED
leaders, but also by representatives of NYPA itself, with
subsequent approval for such projects left in the hands
NO. 136
of a state agency, and
J. HECK-DONATE VACANT LOT 21 B. STREET TO
Whereas, given that NYPA has consistently earned
COB (#45,10/19)
hundreds of millions of dollars in excess revenue
(ITEM NO. 108, 11/3)
derived solely from the sale of inexpensive hydropower,
That the above item be and the same hereby is
it is insulting to suggest that NYPA would 1) offer our
received and filed.
region a very small amount of funding, and 2) seek to
ADOPTED.
control expenditure of the small amount of funds they
do deign to allocate for our region's purposes, and
RESOLUTIONS
Whereas, an alternative proposal has been put forth by
US Representatives Brian Higgins, the basis of Rep,
NO. 137
Higgins' proposal would be to allocate funds for the
By: Mr. Conrad and All Councilmembers
design and construction of physical improvements in
NYPA RELICENSING SETTLEMENT FOR BUFFALO,
areas most particularly necessary for the enhancement
ERIE COUNTY & WESTERN NEW YORK
and improvement of economic development in Buffalo,
Whereas, the New York Power Authority (NYPA) is a
Erie County, and Western New York, and
state-created public authority under the New York State
Whereas, said alternative proposal would call for a total
Public Authorities law, and
NYPA contribution of $500 million (or $10 million
Whereas, NYPA operates several coal-generated and
annum) over the 50-year life of the settlement
hydroelectric power plants throughout the state of New
agreement, to be apportioned as follows:
York, and
$4 million per year for brownfield remediation and land
Whereas, one such power plant is in Western New
acquisition to be used by municipalities along the
York, the Niagara Power Project, which is located in
waterfront. In this way, shovel ready sites can be made
Youngstown, Niagara County, and
available for public access and commercial
Whereas, it is generally accepted that the Niagara
development; and
Power Project generates some of the cleanest,
$6 million per year allocated to a locally-controlled
cheapest electricity in the world, and
Waterfront Development Corporation whose expressed
Whereas, the license for operation of the Niagara
purpose is the enhancement and improvement of public
Power Project by NYPA is set to expire in 2007, at
access to Buffalo's Outer and Inner Harbor waterfront
which time NYPA will seek federal authorization to
areas, and whose primary objective is the design and
relicense for another 50 year term, and
construction of physical improvements to Buffalo's
Whereas, one factual complaint lodged against NYPA's
waterfront areas to create private and public sector
stewardship of the Niagara Power Project and its power
recreational and commercial development along the
generating ability is the large percentage of Niagara-
Lake Erie shoreline.
generated power that leaves Western New York and is
Whereas, allocation of said funds would accomplish two
sold on the open market - in some cases beyond other
necessary goals: 1) it would provide a new and
New York regions to other states, and
dedicated funding stream to cultural institutions in
Whereas, many elected and community leaders believe
Buffalo and Western New York, something critically
that larger portions of inexpensive NYPA hydropower
important to Western New York's efforts at cultural
generated at Niagara can and should be dedicated to
tourism and particularly significant in light of the funding
job-creating businesses in Western New York, and
challenges facing city and county government at the
Whereas, an opportunity to mitigate the damage
present time, and 2) it would provide a dedicated
caused to the region by the exportation of Niagara
stream of funding to the proposed Waterfront
hydropower would be the relicensing process, and
Development Corporation toward the goal of project-
Whereas, in advance of the relicensing process, NYPA,
managing the various Inner and Outer Harbor
is making offers to local governments seeking
construction projects beyond the theoretical, and away
settlements, and delivering dedicated streams of NYPA
from the traditional Western New York process of
revenue for various purposes to local governments
excessive studies and review, and toward the design
throughout the state, and
and construction of real projects that create real job
By: Mr. Coppola and All Councilmembers
opportunities for real people in Western New York, and
Whereas, for a region starved for successful
HOME RULE MESSAGE SENATE BILL #1734,
development of its most significant and untapped
ASSEMBLY #00954, "AN ACT TO AMEND THE
natural resource - its waterfront - the alternative
PUBLIC AUTHORITIES LAW, IN RELATION TO
settlement proposal put forth by Rep. Higgins
COMMUTER PASSES ON THE NEW YORK STATE
represents a unique opportunity for Western New
THRUWAY IN THE BUFFALO AREA."
York's business, government and corporate
WHEREAS: A Bill has been introduced in the New York
communities to join together, show support, and deliver
State Senate #1734 sponsored by William Stachowski
real results for Western New York's taxpayers and
and in the New York State Assembly #00954
residents,
sponsored by Paul Tokasz to amend the Public
Now, Therefore, Be It Resolved,
Authorities Law in relation to commuter passes on the
That the Buffalo Common Council does hereby reaffirm
New York State Thruway in the Buffalo area; and
its commitment to the continued enhancement of
WHEREAS: The Bill would authorize the Thruway
economic development, tourism and other efforts to
Authority to issue annual short distance commuter
create jobs and economic opportunity to the residents
permits which would provide for travel at no charge
and taxpayers of Buffalo, and
between interchange 50, the Buffalo City Line Barrier
Now, Therefore, Be It Further Resolved,
and the Black Rock Barrier; and
That this Honorable Body does hereby commend the
WHEREAS: The purpose of this Bill is to enhance
New York Power Authority (NYPA) for its efforts in
commuter safety and reduce traffic congestion in the
seeking out and negotiating settlement agreements with
Buffalo area; and
local governments throughout New York State, toward
WHEREAS: The New York State Thruway is one of the
the goal of returning NYPA revenues to local
safest roads in the State. However, many motorists who
communities for the purposes of enhancement of
commute daily in urban areas, bypass the Thruway and
economic development in local areas, and
use local roads due to the cost imposed which over
Now, Therefore, Be It Further Resolved,
time can be a significant amount. As a result, motorist
That notwithstanding such commendation, this
safety is reduced, traffic congestion is increased on
Honorable Body does hereby declare as insufficient the
local roads and unneeded stress is placed upon the
proposal delivered to the county for the reasons stated
infrastructure; and
previous, and does hereby call upon interested parties
NOW THEREFORE BE IT RESOLVED: That the
to offer comment to that effect during NYPA's public
Buffalo Common Council supports passage of Senate
comment period, scheduled to conclude at the end of
Bill #1734 and Assembly Bill #00954 to reduce the cost
May 200, and
for commuters who travel daily in the Buffalo area and
Now, Therefore, Be It Further Resolved,
to encourage greater use of the Thruway which will
That this Honorable Body is strongly opposed to any
increase motorist safety and reduce traffic congestion
settlement agreement that would include decision-
on local roads.
making authority for persons or entities located outside
Be IT FURTHER RESOLVED THAT: The City Clerk is
of Western New York, including but not limited to NYPA
hereby authorized and directed to forward certified
itself, as it related to the allocation of funds set aside for
copies of this resolution to the Home Rule Counsel of
economic development, tourism and job creation
the Senate and the Assembly and to Governor George
purposes through the settlement agreement, and
Pataki, to Assembly Speaker Sheldon Silver, to
Now, Therefore, Be It Further Resolved,
Assembly Majority Leader Paul Tokasz, to Senate
That this Honorable Body does hereby endorse the
Majority Leader Joseph Bruno, and to members of the
proposed settlement agreement put forth by US
Western New York Legislative delegation.
Representative Brian Higgins, a proposal that 1) would
ADOPTED.
increase NYPA funding to the city and county for
economic development, job creation and tourism more
NO. 139
than five-fold; 2) would seek to make specific,
By: Mr. Coppola, Mr. Golombek
dedicated funding reservations for economic
GRANT PERMISSION TO SHAKESPEARE IN THE
development, tourism, and other purposes, including
PARK TO HANG A BANNER WITHIN THE CITY OF
development of Buffalo's Inner and Outer Harbor
BUFFALO
waterfront areas; and 3) would insure local control of
Whereas: Shakespeare in the Park will be celebrating
such funds and would not make allocation expenditure
th
its 30Anniversary this season; and
of such funds subject to the authorization of entities
Whereas: They have requested permission to a hang a
located or principally associated outside of Western
banner within the City of Buffalo to celebrate this
New York - in sum, ensuring local control - and
occasion; and
Now, Therefore, Be It Further Resolved,
Whereas: The banner will be up from June 1, 2005,
That certified copies of this resolution be sent to the
until August 31, 2005, and will hang across Elmwood
Governor; the Western New York delegation to the US
Avenue just south of Bidwell Parkway; and
Senate and US House of Representatives, the
Shakespeare in the Park has contacted the City of
members of the Western New York delegations to the
Buffalo Traffic Engineer and is aware of the
State Assembly and State Senate, the Erie County
requirements for hanging a banner within the City of
Executive, the Mayors of Buffalo and Lackawanna, the
Buffalo.
Supervisor of Hamburg, and to the New York Power
Now, Therefore, Be It Resolved:
Authority to be included in the public comment to be
This Common Council supports Shakespeare in the
accepted relative to the proposed settlement.
Park in its endeavor, and subject to the conditions set
ADOPTED.
forth by the Department of Public Works, Parks, &
Streets, grants them permission to hang a Shakespeare
NO. 138
in the Park banner across Elmwood Avenue.
PASSED.
AYES-9. NOES-0. property located at 150 East North Street in the City of
Buffalo, New York, for the purpose of erecting a total of
NO. 140 58 units of affordable housing for transitional homeless
By: Mr. Coppola and Mr. Franczyk
individuals, to be known as Cornerstone Manor; and
WHEREAS, pursuant to Article V of
INFORMATION ON POSSIBLE DISCUSSIONS WITH
the Private Housing Finance Law, the Council must
THE SENECA NATION ON A POSSIBLE CASINO IN
determine that the acquisition of real property within the
THE CITY OF BUFFALO
municipality by a redevelopment company is necessary
Whereas: The possibility of bringing a casino to Buffalo
or convenient for the public purposes defined in said
has been on the table for years, and the construction of
Article V as the clearance, replanning and
such a casino would effect the City of Buffalo in a
reconstruction, rehabilitation and modernization of
number of ways, some positive and some negative; and
substandard and insanitary areas and the provision of
Whereas: Due to the possible effects on the City of
adequate, safe, sanitary and properly planned housing
Buffalo, any discussions that take place in regard to
accommodations in effectuation of official city plans by
bringing a casino to Buffalo should involve all local
such corporations or partnerships; and
officials; and
WHEREAS, pursuant to Article V of
Whereas: This Common Council would like to be
the Private Housing Finance Law, the Planning Board
updated on any talks that have already taken place
of the City of Buffalo, New York has recommended
between the Seneca Nation and Mayor Masiello,
approval of the plan of the project to Cornerstone
County Executive Giambra, or the Niagara Frontier
Manor, L.P.: and
Transportation Authority; and
WHEREAS, this Council has been
Whereas: The Council would like to have
asked pursuant to Article V of the Private Housing
representation at any future discussions with the
Finance Law to approve the project as to conformity
Seneca Nation with regard to bringing a casino to
with the provisions and purposes of said Article V, the
Buffalo.
tax exemption pursuant to Section 125 of the Private
Now, Therefore Be It Resolved:
Housing Finance Law, and the Payment in Lieu of
That this Common Council requests that Mayor
Taxes Agreement in connection therewith;
Masiello, County Executive Giambra, and the Niagara
NOW, THEREFORE, IT IS
Frontier Transportation Authority provide the Council
RESOLVED, that the Board hereby determines that the
with information on any discussions that have taken
acquisition of the real property located at 150 East
place with the Seneca Nation regarding bringing a
North Street in the City of Buffalo, New York by
casino to the City of Buffalo; and
Cornerstone Manor, L.P., is necessary and convenient
Be It Further Resolved:
to accomplish the public purposes as defined in said
That Mayor Masiello, County Executive Giambra, and
Article V, including the purposes set forth above; and it
the Niagara Frontier Transportation Authority file this
is further
information with the City Clerk by Thursday, May 26,
RESOLVED, that the real property
2005, at 2:00 PM to be on the agenda for the next
located at 150 East North Street in the City of Buffalo,
Common Council meeting on Tuesday, May 31, 2005;
New York, be exempted from real property taxes to the
and
full extent permitted by Section 125 of the Private
Be It Further Resolved:
Housing Finance Law, conditioned upon Cornerstone
That this Common Council has representation at any
Manor, L.P., having entered into a Payment in Lieu of
future discussions with the Seneca Nation to bring a
Taxes Agreement with the City of Buffalo, New York in
casino to the City of Buffalo.
substantially the form presented to this meeting.
ADOPTED
PASSED
AYES-9. NOES-0.
NO. 141
By: Mr. Davis
NO. 142
ACQUISITION OF 150 E. NORTH STREET
By: Mr. Davis and Mr. Thompson
WHEREAS, the Common Council
RETURNING CARS TO MAIN STREET
of the City of Buffalo, New York (the "Council"),
Whereas: The US Senate will be considering the
recognizes the need to develop a sufficient supply of
Transportation Reauthorization Bill S. 732, known as
adequate, safe and sanitary dwelling accommodations,
"Safe, Accountable, Flexible, and Efficient
for its homeless and transitional citizens, properly
Transportation Equity Act of 2005 (SAFETEA)"; and
planned and convenient to public facilities; and
Whereas: Congress has already passed their version of
WHEREAS, the Council believes
the transportation bill, TEA-LU, which thanks to
that such specialized accommodations, constructed
Congressman Brian M. Higgins, includes a $5 million
according to the requirements of town planning, will
earmark for "Returning Cars to Main Street" project;
help to maintain property values in the municipality,
and
thus protecting the sources of public revenue; and
Whereas: Downtown Buffalo has been considering the
WHEREAS, the Council recognizes
idea of returning automobile traffic to Main Street for
that the investment of private funds in entities engaged
many years. After a 20 year experiment on the City of
in providing such accommodations can be encouraged
Buffalo's most important downtown street, lack of traffic
by authorizing such entities to acquire real property
has contributed to the 24% increase of vacancies in the
pursuant to the provisions of Article V of the New York
buildings that line Main Street in the Theatre District;
Private Housing Finance Law, thereby entitling such
and
entities to seek certain benefits available to
Whereas: Downtown Buffalo is known for its wonderful
redevelopment companies under such Law; and
entertainment; however bar and restaurant growth is
WHEREAS, Cornerstone Manor,
occurring on the smaller side streets with automobile
L.P., a redevelopment company organized under Article
access, not on Main Street; and
V of the Private Housing Finance Law as a New York
Whereas: Main Street is wide enough to keep Metro
limited partnership, has proposed to purchase real
Rail, which in this part of the city, operates in a "Free That a notice be sent to all registered fuelmaster
Fare Zone" so there would be no loss of revenue to the employees announcing that any unauthorized persons
Niagara Frontier Transportation Authority (NFTA), and illegally utilizing the Fuelmaster system for
the pedestrian amenities, while allowing automobile unauthorized vehicles will be prosecuted to the full
traffic to share the track bed; and extent of the law; and
Whereas: $13 million would be sufficient to open Main Now, Therefore, Be It Finally Resolved:
Street to automobile traffic from the intersection of That consideration is given to hiring a seasonal
Edward/Goodell to Huron Streets, thus encompassing employee to assist with monitoring the fuelmaster
the entire Theatre District. system and oversee the checks and balances of 1,170
Now, Therefore, Be It Resolved: keys currently outstanding and active.
That the Common Council of the City of Buffalo hereby REFERRED TO THE COMMITTEE ON FINANCE,
goes on record in support of the Transportation COMMISSIONER OF ADMINISTRATION AND
Reauthorization Bill S.732 known as "Safe, FINANCE, AND CORPORATION COUNSEL.
Accountable, Flexible, and Efficient Transportation
Equity Act of 2005 (SAFETEA)"; and NO. 144
Now, Therefore, Be It Further Resolved: By: Mr. Davis
That this Honorable Body does hereby request that the PERMISSION TO HANG BANNERS ON CHIPPEWA
Honorable Charles E. Schumer and the Honorable STREET
Hillary Rodham Clinton support the "Returning Cars to Whereas: The WNED Buffalo Niagara Guitar Festival
Main Street" project for the City of Buffalo and consider would like to promote
th
the request of Mayor Anthony Masiello to earmark $13
there upcoming event to be held from June 16
million so that it would be possible to complete the full
through the 20th; and
first phase of this important project; and
Whereas: In order to promote the event, WNED
Now, Therefore, Be It Finally Resolved:
Buffalo Niagara Guitar Festival is requesting permission
That the City Clerk is hereby authorized and directed to
to hang banners on Chippewa Street between
forward certified copies of this resolution to the US
Delaware Avenue and Franklin Street and Chippewa
Senators representing New York State, Mr. Charles E.
Street between Franklin Street and Pearl Street; and
Schumer and Mrs. Hillary Rodham Clinton,
Now, Therefore, Be It Resolved That:
and to Congressman Brian M. Higgins.
The Common Council of the City of Buffalo grant
PASSED.
permission to WNED Buffalo Niagara Guitar Festival to
AYES-9. NOES-0.
hang banners to advertise their event; and
Be if Further Resolved That:
NO. 143
Said banners will hang on Chippewa Street from June
By: Mr. Davis
1, 2005 through June 21,2005
FUELMASTER SYSTEM
Be It Finally Resolved:
Whereas: The City of Buffalo purchased a Fuelmaster
That the banners meet all requirements of pertinent City
system for the purpose of monitoring the cost
Departments and no existing laws are violated.
disbursements for fuel such as miles per gallon and
PASSED.
other data. It was also determined that this fuelmaster
AYES-9. NOES-0.
system could serve to reduce any unauthorized use of
fuel for non-city employees or abuse of the system; and
NO. 145
Whereas: Based on the recent Audit conducted by the
By: Mr. Fontana
Comptroller's office and filed with the Council, it
TRAILBLAZING SIGN FOR FATHER GUY F.
appears that neither of these purposes is being served
SIRACUSE
and the checks and balances of the Fuelmaster system
Whereas: Father Guy F. Siracuse was born and raised
continue to be circumvented; and
in Buffalo, New York and attended Immaculate
Whereas: Mentioned in this audit is a letter signed by
Conception School, St. Francis of Assisi Elementary
James Milroy, Commissioner of Administration and
School and the Diocesan Preparatory Seminary; and
Finance stating that "The City of Buffalo will invoice Erie
Whereas: He received his Bachelor's degree in
County for the amount of fuel used by Erie County. Erie
Religious Education and his Master's in Theology from
County will pay the invoice upon receipt." Thus far, the
the University of Louvain, Belgium; and
City has yet to be paid for monthly invoices dating back
Whereas: Father Siracuse was ordained to the
to July 1, 2004. For the month of September 2004
priesthood in Louvain in 1967. Since Ordination he has
alone, the total sum due to the City by the County is
served in the missionary apostolate at Sacred Heart
$10,819.74; and
Parish, Angelica, and as Associate Pastor of Nativity of
Whereas: A multitude of monitoring issues including but
the Blessed Virgin Mary and St. John the Evangelist
not limited to the following: incorrect and/or no
Parish, both in Buffalo. He also taught religion at Baker
odometer readings, ineffective management reports,
Victory High School in Lackawanna and served as
inconsistent number keys and number of cars, Social
chaplain at Mount Mercy Academy in Buffalo; and
Security numbers being used by non-city employees,
Whereas: In 1991, Father Siracuse was named pastor
misuse of fuelmaster keys, use of"manual override"
of St. Agnes where he is presently still assigned.
key, etc, were cited.
Now Therefore Be It Resolved:
Now, Therefore, Be It Resolved:
That this Common Council of the City of Buffalo joins
That the Common Council of the City of Buffalo,
with the parishioners in expressing their sincere
request that any and all County employees cease and
appreciation to Father Guy F. Siracuse for his
desist from further use of the City's Fuelmaster system
guidance, dedication and commitment to the church
and that the Administration and Finance department
and community.
investigate the issue of non-payment retro to July 1,
Now Therefore Be It Resolved:
2004 as indicated in the Comptroller's audit report; and
That Ludington Street between North Ogden and Bailey
Now, Therefore, Be It Further Resolved:
be trailblazed in honor of Father Guy F. Siracuse, and
that all costs associated with the signage be paid for by amendment to the Dwelling Registration Ordinance
the applicant. requiring that the funds generated from the Dwelling
Be It Further Resolved: Registration Ordinance be placed in a designated T&A
That this Honorable Body requests that the Department Account starting in the 2006-07 Fiscal Year to be used
of Public Works install trailblazing signs to read "Father solely by the Permits and Inspections Department for
Guy F. Siracuse Way" beneath the existing street signs the hiring of additional staff and or necessary
on Ludington and North Ogden and Ludington and equipment.
Bailey. Be It Further Resolved: That this item is referred to an
REFERRED TO THE COMMITTEE ON LEGISLATION appropriate Committee of the Council for further
AND THE COMMISSIONER OF PUBLIC WORKS. consideration.
ST
ADOPT 1 RESOLVE, REMAINING ITEMS TO THE
NO. 146 COMMITTEE ON LEGISLATION, COMMISSIONER
BY: MR. FRANCZYK
OF PERMITS AND INSPECTIONS, COMPTROLLER
AND COMMISSIONER OF ADMINISTRATION AND
RETAIN WESTERN NEW YORK SHPO OFFICE
FINANCE.
WHEREAS: The New York State Office of Parks,
Recreation and Historic Preservation (SHPO). has
NO. 148
announced that the Western New York SHPO office will
By: Mr. Franczyk
be closed, and all Western New York duties are being
Co-Sponsor: Mr. Thompson
transferred to Syracuse; and,
ENDORSEMENT OF THE CALL BY THE UNITED
WHEREAS: This adverse administrative decision will
STATES CONFERENCE OF MAYORS FOR
have a negative impact on the countless preservation
SUPPORT BY THE PRESIDENT OF THE UNITED
or environmentally sensitive projects that are viewed as
STATES TO NEGOTIATE THE GLOBAL ABOLITION
vehicles for the economic renaissance of this area; and,
OF NUCLEAR WEAPONS
WHEREAS: Innumerable preservation projects in
WHEREAS: The Buffalo Common Council cannot
Buffalo, including the Darwin Martin House, Central
ignore that the continued threat of nuclear war, real and
Terminal, Richardson complex, Olmsted Parks to name
fabricated, both sustains incalculably costly and
a few, will have their restoration work hindered by
unjustifiable wars and holds nothing but the prospects
losing a hands-on SHPO representative focused on
of the utter devastation of civilization; and
Western New York; and,
WHEREAS: This honorable body endorses the
WHEREAS: The level of local engagement from the
resolution adopted by the United States Conference of
SHPO office will not be practical due its relocation
Mayors by acclamation on June 28, 2004, urging the
outside the area, including the additional time and
President of the United States to adhere to the
expense posed by travel from Buffalo to Syracuse;
requirements of the Nuclear Non-Proliferation Treaty by
NOW THEREFORE BE IT RESOLVED: That the
proceeding to negotiate nuclear weapons shall have
Common Council is opposed to the closing of the
been reached through negotiation; and
Western New York SHPO office and is opposed to its
WHEREAS: The City of Buffalo joins with the World
relocation to Syracuse or anywhere else outside
Council of Mayors for Peace in urging the absolute
Greater Buffalo;
elimination of nuclear weapons and nuclear-weapons-
BE IT FINALLY RESOLVED: That certified copies of
related materials at the earliest possible date, and
this resolution be sent to Governor George Pataki,
directs that copy of this resolution (and of the endorsed
SHPO Commissioner Bernadette Castro and the
U.S. Conference of Mayors call of June 28, 2004) be
Western New York Delegation.
communicated to the Mayor urging his participation,
ADOPTED.
and to the people of the City of Buffalo, New York, for
their untiring efforts in this matter and involvement.
NO. 147
SUPPORT FOR THE COMMENCEMENT OF
By: Mr. Franczyk
NEGOTIATIONS ON THE
Co-Sponsor: Mr. Bonifacio, Mr. Coppola, Mr. Conrad,
ELIMINATION OF NUCLEAR WEAPONS
Mr. Fontana, Mrs. Russell
1. WHEREAS, AS LONG AS NUCLEAR WEAPONS
ESTABLISHING A T&A ACCOUNT FOR DWELLING
EXIST, CITIES AROUND THE WORLD WILL
REGISTRATION FUNDS
CONTINUE TO BE VULNERABLE TO
Whereas: The Permits and Inspections Department
INSTANTANEOUS DEVASTATION ON A SCALE
provides critical services in addressing important
FAR BEYOND THAT EXPERIENCED BY THE
housing matters such as demolition of dangerous
CITIES OF HIROSHIMA AND NAGASAKI IN
structures and housing code enforcement; and
1945; AND
Whereas: Due to a lack of sufficient staff there is a 14
2. WHEREAS, A NUCLEAR WAR WOULD
week backlog in bringing housing violations to Housing
DEVASTATE MANY CITIES, AN ACCIDENTIAL
Court, which is simply unacceptable; and
MISSILE LAUNCH WOULD DEVASTATE
Whereas: Due to targeted code enforcement and the
SEVERAL CITIES, AND USE OF A NUCLEAR
lack of sufficient staff, 60% of the City does not have a
WEAPON BY TERRORISTS WOULD
housing inspector assigned to their neighborhood,
DEVASTATE A CITY; AND
which is simply unacceptable; and
3. WHEREAS, ANY NUCLEAR ATTACK WOULD
The Permit & Inspections Department through its own
OBLITERATE CITY HALL AND ALL RESPONSE
initiative sought the establishment of a Dwelling
MECHANISMS RENDERING ANY CITY
Registration Ordinance to assist with code enforcement
"PLANNING" FOR SUCH A DISASTER UTTERLY
and addressing problem properties; and
FUTILE; AND
Whereas: The revenue generated from the Dwelling
4. WHEREAS, THE WORLD'S FOREMOST LINE
Registration Ordinance should remain within the Permit
OF DEFENSE AGAINST NUCLEAR DANGERS
& Inspections Department; and
IS THE NUCLEAR NON-PROLIFERATION
Now Therefore Be It Resolved: That the Common
TREATY (NPT) WHICH IS CURRENTLY IN ITS
Council requests the Law Department to draft an
SEVENTH REVIEW CYCLE, WITH ALL PARTIES of assisting Mr. Mehta's proposed initiatives; and
TO THE TREATY SCHEULED TO MEET Now Therefore Be It Resolved: That the Common
IN MAY 2005 TO ENSURE THAT THE TREATY Council requests a written proposal from Mr. Mehta
IS BEING FULLY IMPLEMENTED; AND providing further information as to possibly
5. WHEREAS, ALL OTHER WEAPONS OF MASS implementing the above mentioned initiatives.
DESTRUCTION HAVE BEEN PROHIBITED BY Be It Further Resolved: That this item is referred to an
INTERNATIONAL AGREEMENT AND ARE appropriate committee of the Council for further
BEING ELIMINATED UNDER INTERNATIONAL consideration.
ST
CONTROL, AND THE NUCLEAR-WEAPONS ADOPT 1 RESOLVE, REMAINING ITEMS
STATES PARTLY TO THE NPT HAVE REFERRED TO THE COMMITTEE ON FINANCE.’
UNDERTAKEN TO PURSUE NEGOTIATIONS IN
GOOD FAITH ON NUCLEAR DISARMAMANT; NO. 150
AND BY MR. GOLOMBEK
6. WHEREAS, THE INTERNATIONAL COURT OF CO-SPONSOR: MR FRANCYK, MR DAVIS MR
JUSTICE UNAMIOUSLY FOUND IN 1996 THAT BONIFACIO
ALL STATES WERE OBLIGED TO "BRING TO A SUPPORT FOR WATERFRONT VILLAGE ADVISORY
CONCLUSION NEGOTIATIONS LEADING TO COUNCIL
NUCLEAR DISARMAMENT IN ALL ITS Whereas: The Waterfront Village Advisory Council
ASPECTS UNDER STRICT AND EFFECTIVE (The Advisory Council) is a voluntary membership
INTERNATIONAL CONTROL; AND organization formed fifteen years ago consisting of two
7. WHEREAS, THE WROLD CONFERENCE OF representatives from each residential development
MAYORS FOR PEACE HAS LAUNCHED AN located in the waterfront village; and
INTERNATIONAL CAMPAIGN CALLING ON THE Whereas: The Advisory Council represents 303
2005 NPT REVIEW TO LAUNCH homeowners located in the following Waterfront Village
NEGOTIATIONS ON THE ELIMINATION OF developments: Admiral's Walk, Breakwaters, Harbour
NUCLEAR WEAPONS, TO BE CONCLUDED BY Pointe, Lakefront Commons, Marina Park, Portsic
2010 AND FULLY IMPLEMENTED BY 2020, Rivermist and Waterfront Circle; and
ALSON KNOWN AS THE 2020 VISION; AND Whereas: The Advisory Council supports the
8. WHEREAS, WEAPONS OF MASS development of the parcel next to Admiral's Walk so
DESTRUCTION HAVE NO PLACE IN A long the proposed development is compatible with
CIVILIZED WORLD; existing waterfront homes; and
NOW THEREFORE BE IT RESOLVED: That the Whereas: The Advisory Council has developed four
United States conference of Mayors calls upon the items for the City and the Buffalo Urban Renewal
United States President to support a decision by the Agency to consider when designating a developer for
2005 NPT review conference to commence this parcel:
negotiations on the prohibition and elimination of Density of the proposed development - The current
nuclear weapons and nuclear-weapons-related density of existing homes is 8.2 homes per acre. The
materials, and Advisory Council recommends that any development be
BE IT FURTHER RESOLVED: That the US Conference maintained reasonably as possible within these
of Mayors shall remain engaged in this matter until parameters.
cities are no longer under the threat of nuclear Aesthetics and physical layout of the proposed
devastation. development- The need for green space, walkways
BE IT FINALLY RESOLVED: That certified copies of and harmony with the rest of the design of Waterfront
this resolution be forwarded to the US Conference of Village.
Mayors. Sufficient parking areas - A minimum of two 92)
ADOPTED parking spaces per unit as well as adequate guest
parking to minimize on-street parking which can be a
NO. 149 hazard during winter months.
By: Mr. Golombek
Retail development - The Advisory Council
recommends that waterfront residents be surveyed on
MANAGEMENT INFORMATION SYSTEMS
the type of retail establishments they would patronize.
REVENUE GENERATING INITIATIVES
The Advisory Council willing to assist in facilitating such
Whereas: To his credit, Raj Mehta the Director of
a survey.
Management Information Systems (MIS), proposed
Whereas: The items put forth by the Advisory Council
Initiatives during Common council hearings on the
are reasonable to ensure that any development is the
proposed 2005-06 Budget, that if implemented could
right development and that it is compatible with existing
generate revenue and improve the efficiency of City
waterfront homes; and
government; and
Now Therefore Be It Resolved: That the Buffalo
Whereas: The initiatives proposed by Mr. Mehta are:
Common Council supports the Waterfront Village
• Consolidating the City's phone system through
Advisory Council having input into the selection of a
technology reducing the number of phone lines
designated developer and that the four items listed
and reducing costs and installing a common voice
above should be considered as part of the process of
mail system for all departments;
designating a developer for the parcel next to Admiral's
• Expanding WiFi spots by building a city wide
Walk.
wireless infrastructure that city employees can use
Be It Further Resolved: That this item is referred to an
for communication purposes and which can
appropriate Committee of the Council for further
generate revenue through leasing agreements
consideration.
with private companies;
STND
ADOPTED 1 RESOLVE, 2 RESOLVE-
• Utilizing technology to improve document
COMMITTEE ON COMMUNITY DEVELOPMENT.
processing throughout City Departments;
Whereas: The Council as policy makers are supportive
NO. 151 Corporation Counsel
BY: Ms. RUSSELL PASSED.
BUDGET AND PERSONNEL AMENDMENT AYES-9. NOES-0.
25 - HUMAN RESOURCES
1055- COMPENSATION & BENEFITS NO. 153
The Common Council of the City Of Buffalo does ordain BY: MR. THOMPSON
as follows: TRAILBLAZER REQUEST FOR THOMAS T.
that part of Section 1 of Chapter 35 of the Code of the EDWARDS FUNERAL HOME
City of Buffalo, relating to 25 - Human Resources, 1055 WHEREAS: The friends, family, and the staff of
- Compensation & Benefits which currently reads: Thomas T. Edwards Funeral Home have requested that
1 Senior Accountant $ 37,852 - $ 42,826 Genesee Street, (from Herman to Fillmore Avenue) is
Is hereby amended to read: renamed "Thomas T. Edwards Boulevard" in honor of
1 Benefits Manager $ 35,483 - $ 41,663 the late Thomas T. Edwards; and
IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of WHEREAS-" Mr. Thomas T. Edwards owned and
the Charter, that the immediate passage of the operated Thomas T. Edwards Funeral Home,
foregoing ordinance is necessary. successful African-African business for over 34 years;
That a personnel requisition incident to the creation of and
the above-mentioned position, containing a statement WHEREAS: Of all the beautiful things in life, one of the
of the duties for such position, has been filed with the most beautiful is character; Thomas T. Edwards
Municipal Civil Service Commission, and said possessed a strong and beautiful character; and
Commission has approved and certified the position WHEREAS: Mr. Edwards was a tireless and unselfish
title set forth in the foregoing ordinance as being the laborer among us. The deeds that he has performed,
appropriate Civil Service title for the proposed position. and the lessons that he taught exemplified the depth of
We, LEONARD MATARESE, COMMISSIONER OF his character and true deserve to help others; and
HUMAN RESOURCES AND MICHAEL A. SEAMAN WHEREAS: Extending his friendship and kindly smile to
DIRECTOR OF BUDGET, hereby certify that the above all those who came in his presence, Mr. Edwards was a
change is necessary for the proper conduct, role model to youth and admirers and aspiring
administration and performance of essential services of entrepreneurs; and
that department . We recommend that the WHEREAS: Mr. Edwards was a faithful and devoted
compensation for said position be fixed at the member of Lincoln Memorial since 1958 where he
respective amount set forth in the foregoing ordinance. served on several boards and committees, including the
Approved as to Form Finance Committee and the Board of Trustees; and
Michael B. Risman WHEREAS: He was also affiliated with St. John's
Corporation Lodge #16 F&M PH (past Master); a member of the US
PASSED. Chamber of Commerce, Buffalo Urban League, Life
AYES-9. NOES-0. member of the NAACP, National Funeral Directors and
a yearly sponsor of the Black Achievers Awards and a
NO. 152 member of the Erie-Niagara Directors Association and
BY: Mrs. Russell
NYS Funeral Directors Association; and
WHEREAS: In recognition of his contributions to the
BUDGET AND PERSONNEL AMENDMENT 14 -
City of Buffalo in partnership with the family, friends,
PARKING VIOLATIONS 1075- PARKING
and staff at Thomas T. Edwards Funeral Home have
VIOLATIONS BUREAU
requested that Genesee Street (from Herman Street to
The Common Council of the City Of Buffalo does ordain
Fillmore Avenue) is named in honor of The late Thomas
as follows:
T. Edwards Funeral Home; and
That part of Section 1 of Chapter 35 of the Code of the
WHEREAS: The staff of Thomas T. Edwards Funeral
City of Buffalo, relating to 14 - Parking Violations, 1075
Home has agreed to cover all installation and purchase
- Parking Violations Bureau which currently reads:
fees for the placement of signs on Genesee Street
1 Typist $ 24,162 - $27,847
(from Herman Street to Fillmore Avenue)
Is hereby amended to read:
NOW THEREFORE BE IT RESOLVED: That the
1 Junior Traffic Clerk $ 24,162 - $ 27,847
Buffalo Common Council does hereby officially
IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of
acknowledge the accomplishments and contributions
the Charter, that the immediate passage of the
that Mr. Thomas T. Edwards has made to his family,
foregoing ordinance is necessary.
community, profession, the City of Buffalo and Western
That a personnel requisition incident to the creation of
New York region; and
the above-mentioned position, containing a statement
Be It Finally Resolved: That this honorable body does
of the duties for such position, has been filed with the
hereby grant permission to rename Genesee Street
Municipal Civil Service Commission, and said
(from Herman Street to Fillmore Avenue) in honor of
Commission has approved and certified the position
Thomas T. Edwards Funeral Home; and
title set forth in the foregoing ordinance as being the
REFERRED TO THE COMMITTEE ON LEGISLATION
appropriate Civil Service title for the proposed position.
AND COMMISSIONER OF PUBLIC WORKS.
JAMES B. MILROY PH.D, COMMISSONER OF
AMINISTRATION & FINANCE AND MICHAEL A.
NO. 154
SEAMAN, DIRECTOR OF BUDGET, hereby certify that
BY: Mr. Thompson
the above change is necessary for the proper conduct,
administration and performance of essential services of APPOINTMENTS
that department. We recommend that the compensation COMMISSIONER OF DEEDS
for said position be fixed at the respective amount set That the following persons are hereby appointed as
forth in the foregoing ordinance. Commissioner of Deeds for the term ending December
APPROVED AS TO FORM 31, 2006, conditional, upon the person so appointed
Michael B. Risman
certifying under oath to their qualifications and filing notice from the respective Chairmen, we can only make
same with the City Clerk: notification of what we are made aware.
Gloria Nobile Teresa Taylor
Louis Perfetto Jr Willie Stewart NO. 157
Jessica Maglietto Gregory Olma ADJOURNMENT
Total: 6 On a motion by Mr. Coppola, Seconded by Mr.
ADOPTED Fontana, the Council adjourned at 2:55 PM.
GERALD CHWALINSKI CITY CLERK
NO. 155
BY: Mr. Thompson
Board of Police and Fire Pension Proceedings #5
APPOINTMENTS
Office of the Mayor-201 City Hall
COMMISSIONERS OF DEEDS
May 19, 2005
REQUIRED FOR THE PROPER
Present:; Anthony M. Masiello, Mayor; David A.
PERFORMANCE OF PUBLIC DUTIES
Franczyk, Council President-
That the following persons are hereby appointed as
Darby Fishkin, Deputy Comptroller-3
Commissioner of Deeds for The term ending December
The Journal of the last meeting was approved.
31, 2006, conditional upon the persons so appointed
certifying under oath to their qualifications and filing
NO. 1
same with the City of Buffalo
I transmit herewith the Pension Payroll for the Fire
Francis Belliotti Arthur Jakubowski
Pension Fund for the month of May 2005 amounting to
Michael Szukala Kevin Kelley
$8,143.78 and request that checks be drawn to the
William Benfanti Timothy Callan
order of the persons named herein for the amounts
Robert Graber Paul Henderson
stated.
Paul Tarapacki Geoffrey Szymanski
Adopted
Kevin Hosey Brian Bray
Ayes-3. Noes-0.
John Davis Jeremey Rosen
Rosemarie Lakatos Daniel Gardner
NO. 2
Rick Gasttone Grace Marie Guercio
I transmit herewith the Pension Payroll for the Police
Kathryn Helfer Lauren Helfer
Pension Fund for the month of May 2005 amounting to
Mary Helfer Donna Henry
$6,565.00 and request that checks be drawn to the
Martha Lamparelli Peter Latona
order of the persons named herein for the amounts
Peter Minton Julieanne Mazurkiewicz
stated.
Kelly McCartney Amy Nicholas
Adopted.
William Nicholas Donna Ohara
Ayes-3. Noes-0.
William Ohara David Penna
Paul Riester Sergio Rodriguez
No. 3
Russell Smith Richard Van Coevering
On motion by Mr. Masiello, the City of Buffalo Police
Sandra Waugaman Beck Donna Waugaman
and Fire Pension Board Meeting adjourned at 11:10
TOTAL 38
a.m.
ADOPTED
NO. 156
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are
th
held in the Common Council Chambers, 13floor City
Hall, Buffalo, New York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, May 24, 2005 at
9:30 o'clock A.M.
Committee on Finance following Civil Service Tuesday,
May 24, 2005 at 10:00 o’clock A.M.
Committee on Legislation Tuesday, May. 24, 2005 at
2:00 o'clock P.M.
Committee on Comm. Dev. Wednesday, May 25, 2005
at 10:30 o'clock A.M.
Special Committee on Education-Cancelled
Special Committees
Special Leg. Comm Mtg. Thursday, May 26, 2005 at
10:00 o'clock A.M.
in Room 1417 City Hall on Updates to COB Garage
Sale Ordinances.
Bi-National Bridge Comm. Thursday, May 26, 2005 at
2:00 o'clock P.M. in Room 1417 City Hall.
(Public Disclaimer): All meetings are subject to change
and cancellation by the respective Chairmen of Council
Committees. In the event that there is sufficient time
given for notification, it will be provided. In addition,
there may be meetings set up whereby the City Clerk's
Office is not made aware; therefore, unless we receive