HomeMy WebLinkAbout05-0503
No.9
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
MAY 3, 2005
SPECIAL SESSION
APRIL 8, 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
to reflect current activities and programs established
to promote new housing construction activity,
rehabilitation of existing housing stock, comprehensive
COMMON COUNCIL
code enforcement programs and demolition of
CITY HALL - BUFFALO
dilapidated housing; and
TUESDAY, MAY 3, 2005
WHEREAS: the amendment will allow for greater
AT 2:00 P.M.
participation by Individuals and designated housing
development organizations to acquire and improve
PRESENT – David A. Franczyk, President of the
vacant and abandoned properties located in the
Council, and Council Members Bonifacio, Conrad,
designated areas; and
Coppola, Davis, Fontana, Golombek, Russel AND
WHEREAS, a public hearing on the matter was held
Thompson -9
upon due notice before the City Planning Board in City
Hall Room 901 on April 12,2005 at 8:00 a.m., at which
On a motion by Mr. Coppola seconded
the proposed amendment was presented and explained
by Mr.Fontana, the minutes of the stated meeting
in detail, and those desiring to be heard were heard;
held on April 19, 2005 were approved
and
NOW THEREFORE BE IT RESOLVED, that we the
duly appointed members of the City Planning Board of
FROM THE MAYOR
and for the City of Buffalo, do hereby report to the
Common Council and certify our unqualified approval of
NO. 1
the Amendment to the Urban Homestead Urban
Re-Appointment of Member to the Board of Heating
Renewal Plan, as defined in Subdivision 3 of Section
Examiners
502, Article 15 of the New York State Municipal Law
Pursuant to the powers vested in me by Section 238-
and do hereby designate the area, pursuant to Section
17, Article II, Chapter 238 of the Buffalo Code, I hereby
504, Article 15 of the New York State General Municipal
re-appoint the following individual to serve as a member
Law, as being appropriate for the Urban Renewal Plan;
of the Board of Heating Examiners. His term will
and
commence immediately and expire April 30, 2008.
AYES: Messrs. Gioia, Lyons, Morrell, Burns Ms.
RE-APPOINTMENT:
Schwartz, Ms. Hoyt
Robert P. Moffett, Jr. 156 Jewett Parkway Buffalo,
NAYS: None
14214
ABSENT: Mr. Manuele
I hereby certify that the above named individual is fully
REFERRED TO THE COMMITTEE ON COMMUNITY
qualified to serve on the Board of Heating Examiners.
DEVELOPMENT
REFERRED TO THE COMMITTEE ON LEGISLATION
AND THE DIVISION OF COLLECTIONS
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 2
NO. 4
CERTIFICATE OF APPOINTMENT
Amendment to Results of Negotiations
Title Telephone Operator in the Department of
364 Hudson, 181.50 NE Orton Place
Mayor/Executive Start date 04/13/2005 Salary start
Lot Size: 35 x 125
$30,114
Assessed Valuation Land: $4,400 Total $27,900
Lanette Boulware-Wright 127 Harvard Place
32 St. Johns Place, 210' NE Orton Place
REFERRED TO THE COMMITTEE ON CIVIL
Lot Size: 35' x 175
SERVICE
Assessed Valuation: Land $4,400 Total $10,000
Ellicott District
FROM THE MAYOR - EXECUTIVE DEPARTMENT
Item No. 76, C.C.P. 4/5/05
In the above captioned item Your Honorable Body
NO. 3
approved the sale of the properties to Mr. Theodore S.
Urban Homestead Amendment
Fleming in the amount of Thirteen Thousand Eight
Urban Homestead Urban Renewal Plan
Hundred Dollars, ($13,800.00). Mr. Flemming intends to
Planning Board Approval
acquire and rehabilitate both properties. Cost of
The City Planning Board at it's meeting on April 12,
rehabilitation is estimated at Two Hundred Sixty
2005 adopted the following resolution for the Urban
Thousand for both properties ($260,000).
Homestead Amendment to the Urban Homestead
During negotiations the Division of Real Estate had
Urban Renewal Plan. Michael Lyons offered the
represented that the City would be responsible for the
resolution, seconded by James Morrell and moved for
removal of all personal items and trash in the
its adoption:
properties. These items include furniture, clothes,
We, the duly appointed members of the City of Buffalo
appliances, etc., and require several large commercial
Planning Board, acting in accordance with Section 504,
dumpsters to clean out the properties. In the past
Art c e 15 of the General Municipal Law of New York
dumpsters had been supplied by the Department of
State, do this 12 day of April, 2005 adopt the following
Public Works. The Division of Real Estate has been
resolution:
advised that the Department of Public no longer has
WHEREAS, the Office of Strategic Planning has
dumpsters available.
recommended that the Urban Homestead
The Division of Real Estate has received and estimate
Amendment, encompassed within the overall Urban
to remove the debris and cost of dumpsters in the
Homestead Urban Renewal Plan Project boundaries,
amount of Three Thousand Six Hundred Dollars
including designated parcels eligible for
($3,600.00). The Dumpster cost is Eighteen Hundred
"Homesteading" purposes and Comprehensive Code
Dollars, ($1,800.00). We have reached an agreement
Enforcement areas (CCE); and
with Mr. Flemming to reduce the sale price of the two
WHEREAS: the primary goal of the amendment is to be
properties from Thirteen Thousand Eight Hundred
consistent with the City of Buffalo's ten year plan and
($13,800.00)to Twelve Thousand Dollars ($12,000.00) Corporation and/or joint venture, partnership,
to cover the cost of the dumpster charges. corporation or other legal entity to be formed as the
I am recommending that Your Honorable Body approve qualified and eligible Redeveloper for the subject
the reduction in the sale price of the properties from parcel.
Thirteen Thousand Eight Hundred Dollars, ($13,800.00) The Agency has also determined that the proposed
to Twelve Thousand Dollars, ($12,000.00) to cover the Land Disposition Agreement negotiated by the Agency
dumpster charges. and the Redeveloper is satisfactory.
Mr. Coppola moved: Please be advised that in accordance with the
That the above communication from the Office of provisions of Article 15A of the General Municipal Law,
Strategic Planning, Division of Real Estate, dated April it is now necessary for your Honorable Body to set a
28, 2005, be received and filed; and date for a public hearing, and to direct the publication of
That the offer from Mr. Theodore S. Fleming, as a notice of said hearing. In the interest of time and
previously approved in Item No. 76, C.C.P., April 5, anticipating that Your Honorable Body is willing to
2005, be approved at the reduced sale price of twelve expedite this matter, I have taken the liberty to prepare
thousand dollars ($12,000.00) for the purchase of 364 a Resolution together with a Notice of Public Heating
Hudson and 32 St. Johns Place; and for your action.
That the Corporation Counsel be authorized to prepare Forwarded separately are the following documents:
the necessary documents for the transfer of title and 1.Resolution setting Public Hearing
that the Mayor be authorized to execute the same, in 2. Notice of Public Hearing
accordance with the terms of sale upon which the offer 3. Resolution approving proposed Land Disposition
was submitted. Agreement
PASSED After the Public Hearing is held, Your Honorable Body
AYES 9 NOES 0 may adopt a Resolution authorizing the disposition of
the land to the Redeveloper, which the Agency has
NO. 5 designated as being qualified and eligible
F. Lysia REFERRED TO THE COMMITTEE ON COMMUNITY
lnfo Designate a Developer for DEVELOPMENT
Waterfront Village Property"
Item No. 61, C.C.P. 05/19/05 NO. 7
The Buffalo Urban Renewal Agency (BURA) is currently "R. Brown-Request for 2004 Reports on
waiting for a second round of responses from the two how funds are spent"
developers that qualified during the RFQ process to get Item #47, C.C.P. 04/19/05
to a designated developer for the Parcel A site as The Buffalo Urban Renewal Agency (BURA) received a
housing with a mixed-use. The initial RFP process request for information under the Freedom of
resulted in responses being submitted that fell short of information Law (FOIL). The attached is the response
BURA's expectations. The first RFP responses resulted to the FOIL.
from a density requirement that is indicated in the COPY AVAILABLE IN THE CITY CLERKS OFFICE
Waterfront Urban Renewal Plan. The Waterfront Urban FOR REVIEW
Renewal Plan is currently being updated, however it is REFERRED TO THE COMMITTEE ON COMMUNITY
the belief of planning staff that the density requirements DEVELOPMENT
identified in the current Urban Renewal Plan may be to
high. NO. 8
The second RFP sets a ceiling for density with no floor. Results of Negotiations
The scoring for the RFP was also created to score, 113 Detroit, 455' S Peckham
much more heavily, the Urban Design criteria that we Lot Size: 28' x 118
are seeking for Parcel A, including tying in the existing Assessed Valuation: $1,400.
housing developments into the Parcel A development. The Office of Strategic Planning, Division of Real Estate
The proposals will be reviewed by staff and scored, has received a request to purchase 113 Detroit Street
after which a recommendation will be made to the from Mr. Ron Mondry, 42 Erb Street, Buffalo, New York
BURA Board of Directors. 14215. Mr. Mondry owns 115 Detroit, which is adjacent
After a developer is designated a community to 113 Detroit Street and intends to use this vacant lot
participation process will be implemented to ensure for additional yard space.
participation by all interested parties. We expect to The Division of Permit and Inspection Services and the
complete this process and have the developer cleared Division of Collections have no objections to the sale.
for construction this summer/fall. There are no building code violations, taxes or other
We look forward to working with you and community liens owed to the City by the purchaser.
representatives to ensure we get a development that The Division of Real Estate has investigated the sale of
the city is proud of and meets the current market similar residential vacant lots in the subject area. Sale
demands. prices range from twenty cents (.20) to fifty cents (.50),
REFERRED TO THE COMMITTEE ON COMMUNITY per square foot.
DEVELOPMENT The results of our negotiations are that Mr. Mondry has
agreed and is prepared to pay seven hundred fifty
NO. 6 dollars ($750), twenty-two cents (.22) per square foot,
FRUIT BELT NEIGHBORHOOD for the subject property. Mr. Mondry has also agreed to
DEVELOPMENT PROGRAM ND-401 pay for the cost of the transfer tax, recording fees and
APPROVAL OF CONTRACT FOR cost of the legal description.
SALE OF LAND - 93 &113 MAPLE, I am recommending that Your Honorable Body approve
74,78 AND 86 MULBERRY the sale of
The City of Buffalo Urban Renewal Agency duly 113 Detroit Street to Mr. Ron Mondry in the amount of
designated St. John Fruit Belt Community Development seven hundred fifty dollars ($750). I am further
recommending that the Corporation Counsel prepare was submitted.
the necessary documents for the transfer of title and PASSED
that the Mayor be authorized to execute the same. AYES – 9 NOES – 0
Mr. Coppola moved:
That the above communication from the Office of NO. 10
Strategic Planning, Division of Real Estate, dated April Results of Negotiations
26, 2005, be received and filed; and 179 Masten, 103'S Northampton
That the offer from Mr. Ron Mondry, residing at 42 Erb Vacant Lot: 33' x 125'
Assessed Valuation: $1,900
Street, in the sum of seven hundred and fifty dollars
($750.00) for the purchase of 113 Detroit, be and
The Office of Strategic Planning, Division of Real Estate
hereby is accepted; and
has received a request to purchase 179 Masten
That the appraisal requested by the City of Buffalo shall
Avenue from Pastor Harvey Ward, Grace Baptist
be paid by the purchaser;
Church, 183 Masten Avenue, Buffalo, New York 14209.
That the transfer tax, recording fees and cost of legal
The church intends to use the property for parking in
description shall be paid by the purchaser; and
conjunction with church services.
That the Corporation Counsel be authorized to prepare
The Division of Permit and Inspection Services and the
the necessary documents for the transfer of title and
Division of Collections have no objections to the sale.
that the Mayor be authorized to execute the same, in
There are no building code violations, taxes or other
accordance with the terms of sale upon which the offer
liens owed to the City of Buffalo by the purchaser.
was submitted.
The Division of Real Estate has investigated the sale of
PASSED
similar residential vacant lot properties in the subject
AYES – 9 NOES – 0
area. Sales prices range from thirty cents (.30) to one
dollar ($1.00) per square foot.
NO. 9
The results of our negotiations are that Pastor Ward is
Results of Negotiations
prepared to pay three thousand five hundred dollars
30 Harlow, 103' W Alexander
($3,500), which is eighty-five cents (.85) a square foot
Vacant Lot: 16' x 100'
for the subject property. He has also agreed to pay for
Assessed Valuation: $800
the cost of the transfer tax, recording fees and cost of
The Office of Strategic Planning, Division of Real Estate
the legal description.
has received a request to purchase 30 Harlow Place
I am recommending that Your Honorable Body approve
from Ms. Sarah L. Armster, 32 Harlow Place, Buffalo,
the sale of 179 Masten Avenue to Pastor Harvey Ward
New York 14208. Ms. Armster owns and resides at 32
of Grace Baptist Church in the amount of three
Harlow Place, which is adjacent to 30 Harlow Place and
thousand five hundred dollars ($3,500). I am further
intends to use this vacant lot for additional yard space.
recommending that the Corporation Counsel prepare
The Division of Permit and Inspection Services and the
the necessary documents for the transfer of title and
Division of Collections have no objections to the sale.
that the Mayor be authorized to execute the same.
There are no building code violations, taxes or other
Mr. Coppola moved:
liens owed to the City of Buffalo by the purchaser.
That the above communication from the Office of
The Division of Real Estate has investigated the sale of
Strategic Planning, Division of Real Estate, dated April
similar residential lots in the subject area. Sale prices
26, 2005, be received and filed; and
range from thirty cents (.30) to one dollar ($1.00), per
That the offer from Pastor Harvey Ward, of Grace
square foot.
Baptist Church, 183 Masten Avenue, in the sum of
The results of our negotiations are that Ms. Armster has
three thousand and five hundred dollars ($3,500.00) for
agreed and is prepared to pay eight hundred dollars
the purchase of 179 Masten Avenue, be and hereby is
($800), fifty cents (.50) per square foot for the subject
accepted; and
property. Ms. Armster has also agreed to pay for the
That the appraisal requested by the City of Buffalo shall
cost of the transfer tax, recording fees and cost of the
be paid by the purchaser;
legal description.
That the transfer tax, recording fees and cost of legal
I am recommending that Your Honorable Body approve
description shall be paid by the purchaser; and
the sale of 30 Harlow Place to Ms. Sarah L. Armster in
That the Corporation Counsel be authorized to prepare
the amount of eight hundred dollars ($800). I am further
the necessary documents for the transfer of title and
recommending that the Corporation Counsel prepare
that the Mayor be authorized to execute the same, in
the necessary documents for the transfer of title and
accordance with the terms of sale upon which the offer
that the Mayor be authorized to execute the same.
was submitted.
Mr. Coppola moved:
PASSED
That the above communication from the Office of
AYES – 9 NOES – 0
Strategic Planning, Division of Real Estate, dated April
26, 2005, be received and filed; and
NO. 11
That the offer from Ms. Sarah L. Armster, residing at 32
Results of Negotiations
Harlow Place, in the sum of eight hundred dollars
306 Trenton, 194.25' NW Maryland
($800.00) for the purchase of 30 Harlow Place, be and
Vacant Lot: 27' x 1 Off
hereby is accepted; and
Assessed Valuation: $2,000
That the appraisal requested by the City of Buffalo shall
The Office of Strategic Planning, Division of Real Estate
be paid by the purchaser;
has received a request to purchase 306 Trenton Street
That the transfer tax, recording fees and cost of legal
from Mr. Santiageo Rivera, 304 Trenton Street, Buffalo,
description shall be paid by the purchaser; and
New York 14201. Mr. Santiago owns and resides at 304
That the Corp6ration Counsel be authorized to prepare
Trenton Street, which is adjacent to 306 Trenton Street
the necessary documents for the transfer of title and
and intends to use this vacant lot for additional yard
that the Mayor be authorized to execute the same, in
space.
accordance with the terms of sale upon which the offer
The Division of Permit and Inspection Services and the
Division of Collections have no objections to the sale. Property, and that the Mayor be, and he hereby is
There are no building code violations, taxes or other authorized to execute a deed transferring said property
liens owed to the City of Buffalo by the purchaser. to Mr. George Dance and Mrs. Sara Dance, residing at
The Division of Real Estate has investigated the sale of 128 Coit Street, for the amount of One Dollar ($1.00)
similar residential vacant lot properties in the subject and no more, and all costs of transfer, on the condition
area. Sales prices range from thirty-seven cents (.37) to the property is cleaned and improved within six (6)
one dollar ($1.00) per square foot. months and maintained in a sanitary manner.
The results of our negotiations are that Mr. Rivera is PASSED
prepared to pay one thousand two dollars ($1,200), AYES – 9 NOES –0
which is forty-five cents (.45) a square foot for the
subject property. He has also agreed to pay for the cost NO. 13
of the transfer tax, recording fees and cost of the legal Transfer of Title
description. Urban Homestead Program
I am recommending that Your Honorable Body approve 244 Coit Street
the sale of (City-Owned Vacant Lot, 30' x 108')
306 Trenton to Mr. Santiago Rivera in the amount of (Fillmore District)
one thousand two hundred dollars ($1,200). I am further The Office of Strategic Planning, Division of Real
recommending that the Corporation Counsel prepare Estate, has surveyed the City-owned vacant lot at 244
the necessary documents for the transfer of title and Coit Street, Buffalo, New York, parcel is 30' x 108'; and
that the Mayor be authorized to execute the same. it has been determined this parcel is inappropriate for
Mr. Coppola moved: either the construction of new housing or needed for
That the above communication from the Office of public purpose.
Strategic Planning, Division of Real Estate, dated April Mr. Christopher D. Stewart and Mrs. Bernice Oberia-
26, 2005, be received and filed; and Stewart own and reside at 242 Colt Street, Buffalo, New
That the offer from Mr. Santiageo Rivera, residing at York 14206. Mr. and Mrs. Stewart have indicated they
304 Trenton Street, in the sum of one thousand and two will clean, improve and maintain the lot at 244 Coit
hundred dollars ($1,200.00) for the purchase of 306 Street in the event they obtain title to the properly under
Trenton Street, be and hereby is accepted; and the Urban Homestead Program.
That the appraisal requested by the City of Buffalo shall The Department of Permit and Inspection Services and
be paid by the purchaser; the Division of Collections have been contacted. There
That the transfer tax, recording fees and cost of legal are no property code violations, taxes or other liens
description shall be paid by the purchaser; and owed to the City of Buffalo by the homesteaders.
That the Corporation Counsel be authorized to prepare We, therefore, recommend the City-owned vacant lot
the necessary documents for the transfer of title and be designated as a Homestead Property and be
that the Mayor be authorized to execute the same, in transferred to Mr. and Mrs. Stewart on the condition the
accordance with the terms of sale upon which the offer property is cleaned and improved within six (6) months
was submitted. and maintained in a sanitary manner.
The Office of Strategic Planning, Division of Real Mr. Coppola moved:
Estate, has surveyed the City-owned vacant lot at 130 That the above communication from the Office of
Coit Street, Buffalo, New York, parcel is 30' x 108' in Strategic Planning dated April 26, 2005, be received
dimension; and it has been determined this parcel is and filed; and
inappropriate for either the construction of new housing That the city-owned property commonly known as 244
or needed for public purpose. Coit Street, is hereby designated as Homestead
Mr. George Dance and Mrs. Sara Dance own and Property, and that the Mayor be, and he hereby is
reside at 128 Coit Street, Buffalo, New York 14206. Mr. authorized to execute a deed transferring said property
and Mrs. Dance will clean, improve and maintain the lot to Mr. Christopher D. Stewart and Mrs. Bernice Oberia-
at 130 Coit Street in the event they obtain title to the Steward, residing at 242 Coit Street, for the amount of
property under the Urban Homestead Program. One Dollar ($1.00) and no more, and all costs of
The Department of Permit and Inspection Services and transfer, on the condition the property is cleaned and
the Division of Collections have been contacted. There improved within six (6) months and maintained in a
are no property code violations, taxes or other liens sanitary manner.
owed to the City of Buffalo by the homesteaders. PASSED
We, therefore, recommend the City-owned vacant lot AYES – 9 NOES – 0
be designated as a Homestead Property and be
transferred to Mr. and Mrs. Dance on the condition the NO. 14
property is cleaned and improved within six (6) months Transfer of Title
and maintained in a sanitary manner. Urban Homestead Program
Mr. Coppola moved: 196 Dewey Avenue
That the above communication from the Office of (City-Owned Vacant Lot, 30' x 105')
Strategic Planning dated April 26, 2005, be received The Office of Strategic Planning has surveyed the city-
and filed; and owned vacant lot at
196 Dewey Avenue, Buffalo, New York, parcel is 30' x
No. 12 105' in dimension; and it has been determined this
Transfer of title parcel is inappropriate for either the construction of new
Urban Homestead Program housing or needed for any public purpose.
130 Coit St Mr. Archie Stewart owns and resides at 192 Dewey
(City Owned Vacant Lot 30’ x 108’) Avenue, Buffalo, New York 14214. Mr. Stewart
(Fillmore District) indicated he will clean, improve and maintain the lot at
That the city-owned property commonly known as 130 196 Dewey Avenue in the event he obtains title to the
Coit Street, is hereby designated as Homestead property under the Urban Homestead Program.
The Division of Permit and Inspection Services and the
Division of Collections have been contacted. There are (CITY OWNED VACANT LOT 30’ X 105’)
no property code violations, taxes or other liens owed to (Masten District)
the City of Buffalo by the homesteader. The Office of Strategic Planning, Division of Real
We, therefore, recommend the city-owned vacant lot be Estate, has surveyed the City-owned vacant lot at 95
designated as a Homestead Property and be Urban Street, Buffalo, New York, parcel is 32' x 171';
transferred to Mr. Archie Stewart on the condition the and it has been determined this parcel is inappropriate
property is cleaned and improved within (6) months and for either the construction of new housing or needed for
maintained in a sanitary manner. public purpose.
Mr. Coppola moved: Ms. Chantell Chatman owns and resides at 93 Urban
That the above communication from the Office of Street, Buffalo, New York 14211. Ms. Chatman has
Strategic Planning dated March 15, 2005, be received indicated she will clean, improve and maintain the lot at
and filed; and 95 Urban Street in the event she obtains title to the
That the city-owned property commonly known as 196 property under the Urban Homestead Program.
Dewey Avenue, is hereby designated as Homestead The Department of Permit and Inspection Services and
Property, and that the Mayor be, and he hereby is the Division of Collections have been contacted. There
authorized to execute a deed transferring said property are no property code violations, taxes or other liens
to Mr. Archie Stewart, residing at 192 Dewey Avenue, owed to the City of Buffalo by the homesteader.
for the amount of One Dollar ($1.00) and no more, and We, therefore, recommend the City-owned vacant lot
all costs of transfer, on the condition the property is be designated as a Homestead Property and be
cleaned and improved within six (6) months and transferred to Ms. Chantell Chatman on the condition
maintained in a sanitary manner. the property is cleaned and improved within six (6)
PASSED months and maintained in a sanitary manner.
AYES – NOES – 0 Mr. Coppola moved:
NO. 15 That the above communication from the Office of
Transfer of Title Strategic Planning dated April 26, 2005, be received
Urban Homestead Program and filed; and
19 Garner Avenue That the city-owned property commonly known as 95
(City-Owned Vacant Lot, 27' x 140') Urban Street, is hereby designated as Homestead
(Niagara District) Property, and that the Mayor be, and he hereby is
The Office of Strategic Planning, Division of Real authorized to execute a deed transferring said property
Estate, has surveyed the City-owned vacant lot at 19 to Ms. Chantell Chatman, residing at 93 Urban Street,
Garner Avenue, Buffalo, New York, parcel is 27' x 140' ; for the amount of One Dollar ($1.00) and no more, and
and it has been determined this parcel is inappropriate all costs of transfer, on the condition the property is
for either the construction of new housing or needed for cleaned and improved within six (6) months and
public purpose. maintained in a sanitary manner.
Ms. Mary P. Frazon owns and resides at 17 Garner PASSED
Avenue, Buffalo, New York 14213. Ms. Frazon AYES – 9 NOES – 0
indicated she will clean, improve and maintain the lot at
19 Garner Avenue in the event she obtains title to the NO. 17
property under the Urban Homestead Program. "A. Thompson-State Passes Extension of Empire
The Department of Permit and Inspection Services and Zone
the Division of Collections have been contacted. There Item #67, C.C.P. 04/19/05
are no property code violations, taxes or other liens The Buffalo Economic Renaissance Corporation
owed to the City of Buffalo by the homesteader. (BERC) is reviewing the language in the legislation
We, therefore, recommend the City-owned vacant lot extending the Empire Zone Program and the changes
be designated as a Homestead Property and be that took place with the extension of the program.
transferred to Ms. Mary P. Frazon on the condition the BERC staff is scheduled to meeting with the state within
property is cleaned and improved within six (6) months the next two weeks to confirm all the changes and
and maintained in a sanitary manner. necessary process changes and the impact of the
Mr. Coppola moved: changes on City of Buffalo Empire Zones.
That the above communication from the Office of BERC staff has been intimately involved in keeping
Strategic Planning dated April 26, 2005, be received track of the proposed changes, which have been a
and filed; and moving target throughout the budgeting process. One
That the city-owned property commonly known as 19 of the most significant changes is the requirement for
Gamer Avenue, is hereby designated as Homestead Empire Zones to develop a cost/benefit formula to
Property, and that the Mayor be, and he hereby is determine whether a business should receive Empire
authorized to execute a deed transferring said property Zone certification. Unless the state develops the
to Ms. Mary P. Frazon, residing at 17 Garner Avenue, cost/benefit model for all zones, we believe zone
for the amount of One Dollar ($1.00) and no more, and administrators will use the lowest common denominator
all costs of transfer, on the condition the property is thereby eliminating the real intent of a cost benefit
cleaned and improved within six (6) months and analysis. We in fact brought this point up during last
maintained in a sanitary manner. years audit of Empire Zones. Zone Administrators will
PASSED not make it more difficult to get certified in their zone
AYES – 9 NOES – 0 versus a zone in an adjoining jurisdiction.
Once we meet with the state and have a complete
No. 16 understanding of the new regulations required of the
Transfer of Title Empire Zones, we look forward to meeting with the
Urban Homestead Program Common Council to update you and the business
95 Urban Street sector on the new Empire Zone rules.
REFERRED TO THE COMMITTEE ON COMMUNITY financial situation.
DEVELOPMENT 2)Follow-up must be performed on the two individuals
who are not employees of the City yet obtained
FROM THE COMPTROLLER gasoline from City pumps. If these individuals are
NO. 18 not authorized by any entity to obtain gasoline,
CERTIFICATE OF NECESSITY they should be investigated for possible
TRANSFER OF FUNDS prosecution. If in fact they are authorized, the
ENGINEERING records must be updated to reflect the current
We, Anthony M. Masiello, Mayor and Andrew A. situation. Regardless, employees that leave the
SanFilippo, Comptroller, do hereby certify, pursuant City's (or any other authorized entity's
to §20-12 of the Charter, that it is necessary that the organization) employ must be removed from the
sum of $18,837 be transferred and reappropriated Fuelmaster system quickly.
within the Department of Public Works, as set forth 3)Employees must be educated as to how the
below: Fuelmaster keys are linked to each vehicle, not to
From: a specific person. It is clear from the data collected
Emergency Street Construction - Personal Services that employees switch vehicles often, but seldom
13112001 - 411001 Annual Salary $18,837 appear to switch keys. The principal behind linking
To a key to a vehicle - segregation of data by vehicle
Bridges Personal Services - is sound. The problems result when the system
13113001- 411001 Annual Salary $18,837 in put into practice. Employees who use the wrong
Dated: Buffalo, NY, April 21, 2005 gas key for a vehicle or who enter incorrect vehicle
RECEIVED AND FILED odometer readings render the database
meaningless.
NO. 19 4)Management must explain to City employees the
FUELMASTER SYSTEM importance of entering the correct odometer
FOR FLEET GASOLINE & DIESEL USAGE information into the Fuelmaster System. If the
The Fuelmaster system is the access control system correct information was consistently entered,
the City purchased to monitor gasoline, diesel and other reliable projections of vehicle miles per gallon for
fluid disbursements. The system was installed to types of vehicles could be developed, amongst
provide information for management purposes (miles other options. Maintenance projections could
per gallon data is one example) and to reduce any become more accurate; fuel purchase projections
unauthorized use of fuel for non-City use. could become more accurate; the possibilities that
• System control for odometer readings is no longer come with analyzing the information in this system
used have a very real positive financial impact. The
• Use of "manual override" key to shut off the system KEY fact remains that any analysis performed is
• Ineffective management reports limited by the reliability of the underlying data. If
• Key control for vehicle in system overridden the odometer reading is never used, or treated as
• Number of keys and number of vehicles not consistent a joke, why are we doing this?
• City faulted for not buying gasoline per New York 5)The County Bureau of Weights and Measures must
State contract by state audit certify the City meters for the tanks at the four
• City pays for gasoline used at the Parks Department locations where gasoline is held. The current
facility by other entities gages are not accurate. If a gage can be incorrect
• Collections on billings is in question by as much as one hundred gallons, it serves no
• Variances in fuel volumes per system record versus useful purpose.
Fuel Co. gauges 6)The agreements with the County and the Zoo
• Erie County Bureau of Weights & Measures concerning refueling at the City's pumps should be
certification not in evidence reviewed. Does the City belong in the gasoline
• Physical measurement varies from system pumping business? This becomes an even more
calculations important question when the issue of prompt
• The analysis of the data received from the Fuelmaster payment is considered.
system displays some anomalies 7)The Fuelmaster system can generate some very
- entered "zero" in response to odometer reading useful reports. These reports are routinely
question forwarded to the various Departments concerned
- nineteen instances of mileage over 200,000 miles on a quarterly basis. Given the odometer readings
- gallons pumped by one person in the audit period 362 shown, and the issue of a key/SSN being used
- employee pumping gas at 1:39 PM & 7:35PM, signed when that person is out sick, these reports are not
in @ 11:30 PM being read. If management finds no value in these
- 928 SSNs access system in Sept., 41 not City of reports, they should not be generated.
Buffalo employees Management should be accountable for the data
- two SSNs did not appear in list of authorized City, in these reports. The individual commissioners
County, BMHA or the Zoo and or directors should receive a more detailed
• Commissioners' quarterly report of fuel consumed report (examples) rather than the summary totals,
lacked information to manage use which are not useful except in a very general
Recommendations: manner. We were given copies of the summary
1)The City must, through either its Collections quarterly reports issued to commissioners. We
Department or through another method, collect all also discussed the reports with one commissioner.
reimbursable expenses from the County and other These certainly did not contain enough information
agencies on a timely basis. July invoices to make management decisions on such things as
outstanding in December is unacceptable under low miles per gallon records, as an example. We
any circumstance let alone the City's current were told that the detail reports are normally
issued subsequent to our audit draft report. Mr. Coppola moved:
8)The City's vehicle inventory listing must be reviewed. That the above communication from the Commissioner
Any vehicles that do not have gas keys should be of Public Works, Parks and Streets dated April 22,
detailed in a report also. 2005, be received and filed; and
9)The respective department heads should review the That the Commissioner of Public Works, Parks and
results we termed "anomalies" to determine if Streets, be, and he hereby is authorized to award a
individual users are circumventing controls. contract for City Court, Interior Renovations 2005, to
REFERRED TO THE COMMITTEE ON FINANCE Allgaier Construction Corp., the lowest responsible
bidder, with a base bid of $178,000, add Alternate #1
FROM THE COMMISSIONER OF MANAGEMENT for $23,800, add Alternate #2 for $16,400, add Altemate
INFORMATION SYSTEMS #3 for $8,600, for a total bid price of two hundred twenty
six thousand eight hundred dollars ($226,800.00).
NO. 20 Funds for the project are available in 35320800 445100
UPDATES TO CITY OF BUFFALO'S GARAGE SALE Buildings.
ORDINANCE [:POSTING OF GARAGE SALE PASSED
NOTIFICATIONS ON CITY'S WEB SITE AYES - 9 NOES - 0
ITEM NO. 115 CCP APR. 19, 2005
Department of M.I.S. has no objection to the updates NO. 22
requested in above mentioned resolution to the City of REPORT OF BIDS- CITYWIDE PLAYGROUND
Buffalo's Garage Sale Ordinance. However the change IMPROVEMENTS - PHASE 2
number 5 would require creation of a new section on I have previously requested and received permission to
City's web site for posting garage sale notices. The take bids for the above project, item 32, CCP 7/10/01. I
Department of M.I.S. should be given at least 8 to 10 advertised on April 12, 2005 and have received the
weeks lead time for establishing an online Garage Sale following bids for the construction of Citywide
Notification process on City's web site before these Playground Improvements - Phase 2, which were
changes go in effect. publicly opened and read on April 26, 2005.
RECEIVED AND FILED Contractor Base Bid
Gleason's Nursery $165,231.00
FROM THE COMMISSIONER OF PUBLIC WORKS 4780 Sheridan Dr
Williamsville, NY 14221
NO. 21
REPORT OF BIDS Titan Development $177,949.00
CITY COURT 8534 Seaman Rd
INTERIOR RENOVATIONS 2005 Gasport, NY 14067
JOB NO. 0513 I hereby certify the foregoing is a true and correct
ELLICOTT DISTRICT statement of the bids received and that Gleason's
I advertised for on April 4, 2005 and received the Nursery is the lowest responsible bidder in accordance
following formal bids for City Court, Interior Renovations with the plans and specifications; and that the contract
2005, on April 20, 2005. amount is $165,231. I request that your Honorable
Base Bid AIt. #1 AIt. #2 AIt. #3 Body authorize the Commissioner of Public Works,
AIIgaier Construction 178,000 23,800Parks, and Streets to order the work on the basis of the
16,400 8,600 low bid. Funds for this work will be available in
4790 Thompson, Clarence, NY forthcoming Bond Funds to be sold for this project.
BRD, Inc. 192,000 38,800Please find attached a list of locations.
16,900 9,000 Citywide Playground Improvements Phase 2 -
82 Pearl, Buffalo, NY Scope of Work
Wilsandra Construction 211,000 42,000Locations of Work
15,000 10,500 Peter Street Playground - Remove existing equipment
300 Camden, Buffalo, NY and replace with new equipment ( Location - Peter
Hadala Construction 239,000 43,200Street off Amherst St. between Elmwood Ave. and
20,000 13,800 Grant St.)
325 Grote, Buffalo, NY Nowak Playground - Remove existing equipment and
The C. H. Byron Co., Inc. 292,000 32,000replace with new equipment ( Location Sycamore Ave.
29,000 19,000 near Rowlett St.)
465 Creekside, Amherst, NY 10 Street Playground - Remove existing equipment and
th
Alternate #1:
replace with new equipment ( Location 10St. and
Maryland St)
I hereby certify that the foregoing is a true and correct
Mr. Coppola moved:
statement of all bids received and that AIIgaier
That the above communication from the Commissioner
Construction Corp., with a Base Bid of $178,000, add
of Public Works, Parks and Streets dated April 27,
Alternate #1 for $23,800, add Alternate #2 for $16,400,
2005, be received and filed; and
add Alternate #3 for $8,600, for a total bid price of Two
That the Commissioner of Public Works, Parks and
Hundred Twenty Six Thousand Eight Hundred and
Streets, be, and he hereby is authorized to award a
00/100 Dollars ($226,800.00), is the lowest responsible
contract for Citywide Playground Improvements - Phase
bidder in accordance with the plans and specifications:
2, to Gleason's Nursery, the lowest responsible bidder,
I recommend that Your Honorable Body authorize the
in the amount of $165,231. Funds for the project are
Commissioner of Public Works, Parks &
available in forthcoming Bond Funds to be sold for this
Streets to order the work on the basis of the low bids.
project.
Funds for this project are available in
PASSED
35320806-445100 Buildings.
AYES - 9 NOES - 0
Pumping Plant that will allow for the control of pressure
NO. 23 spikes in the distribution system and for the repair of
REPORT OF BIDS the road, curb, and sidewalk resulting from the rupture
PAINTING OF STREETLIGHT STANDARDS of a 36" transmission main at Delavan Avenue near
CITYWIDE Delaware. The costs are shown below
GROUP 639 Figures available for review in The City clerk’s Office
This is to advise your Honorable Body that I have Funds are available in a Division of Water account
advertised for and received public bids on April 27, (53100636).
2005 for I respectfully certify that this change order is fair and
Painting of Streetlight Standards - Citywide - Group equitable for the work involved, and respectfully request
639. that Your Honorable Body approve the subject change
In obtaining bids for the above project, 1 have order and authorize the Commissioner of Public Works,
requested bids on a unit price basis covering the Parks & Streets to issue said change order to C. Destro
various items of work and materials, which will be Development. Permission is requested from Your
performed. The final cost of the work will be based on Honorable Body to authorize the increase in contract as
the actual measured quantities of material entering into stated above.
the work and may be either more or less than the total Mr. Coppola moved:
bid. That the above communication from the Commissioner
The following bids were received: of Public Works, Parks and Streets dated February 16,
Contractor Total Bid Price 2005, be received and filed; and
E & M Star Painting, Inc. 148,580.00 That the Commissioner of Public Works, Parks and
5270 Via Del Sol Streets be, and he hereby is authorized to issue a
Williamsville NY 14221 change order, to C. Destro Development, an increase in
the amount of $95,350.00, as more fully described in
R. W. Painting, lnc 162,368.00 the above communication, for work relating to
65 Mid County Drive emergency installation and repair of a recycle line at the
Orchard Park NY 14127 Colonel Ward Pumping Plant, Contract 92010855.
Funds for this project are available in a Division of
C. Destro Delelopment, lnc 492,000.00 Water account (53180636).
2255 Bailey Avenue PASSED
Buffalo NY 14211 AYES - 9 NOES - 0
I hereby certify that the lowest bidder for the above NO. 25
project is E & M Star Painting, Inc. with a base bid REPORT OF BIDS SHOSHONE PARK BACKSTOP
amount of $148,580.00. 1 respectfully recommend that REPLACEMENT
Your Honorable body authorize a contract award to E & I have previously requested and received permission to
M Star Painting, Inc. in the amount of $163,438.00 take bids for the above project, item 32, CCP 7/10/01. I
($148,580.00 Base Bid + 10% Unit Price Increase of advertised on April 7, 2005 and have received the
$14,858.00 equals $163,438.00.) following bids for the construction of Shoshone Park
The engineer's estimate for this work is $150,000.00 Backstop Replacement, which were publicly opened
and the funds are available in Capital Projects Account and read on April 21, 2005.
#30032106 and future Capital Project citywide Contractor Base Bid
infrastructure account for this type of work.
Mr. Coppola moved: Armor Fence $25,713.00
That the above communication from the Commissioner PO Box 745
of Public Works, Parks and Streets dated April 28, Orchard Park, NY 14127
2005, be received and filed; and
That the Commissioner of Public Works, Parks and Fox Fences $32,306.00
Streets, be, and he hereby is authorized to award a 2637 Lockpo~ Rd
contract for Painting of Streetlight Standards - Citywide Niagara Falls, NY 14305
Group 639, to E & M Star Painting, Inc., the lowest l hereby certify the foregoing is a true and correct
responsible bidder, in the amount of $163,438.00 statement of the bids received and that Armor Fence is
($148,580.00 Base Bid + 10% Unit Price Increase of the lowest responsible bidder in accordance with the
$14,858.00 equals $163,438.00. Funds for the project plans and specifications; and that the contract amount
are available in Capital Projects Account #30032106 is $25,713.00. I request that your Honorable Body
and future Capital Project citywide infrastructure authorize the Commissioner of Public Works, Parks,
account for this type of work. and Streets to order the work on the basis of the low
PASSED bid. Funds for this work will be available in forthcoming
AYES - 9 NOES - 0 Bond Funds to be sold for this project.
Mr. Coppola moved:
NO. 24 That the above communication from the Commissioner
CHANGE IN CONTRACT of Public Works, Parks and Streets dated April 21,
CONTRACT #92010855, C. DESTRO 2005, be received and filed; and
DEVELOPMENT That the Commissioner of Public Works, Parks and
EMERGENCY INSTALLATION AND REPAIR Streets, be, and he hereby is authorized to award a
ELLICOTT AND DELAWARE contract for the Shoshone Park Backstop Replacement,
hereby submit to Your Honorable Body the following
to Armor Fence, the lowest responsible bidder, in the
I
change order for the subject contract. This change amount of $25,713.00. Funds for the project are
available in forthcoming Bond Funds to be sold for this
order is necessary to an perform an emergency
installation of a recycle line at the Colonel Ward project.
PASSED C. DESTRO DEVELOPMENT CO., INC.
AYES - 9 NOES – 0 ITEM #126, C.C.P. 3/3/98
This is to advise your Honorable Body that I have
NO. 26 advertised and received bids
REPORT OF BIDS In obtaining bids for the above project, I have asked for
RESURFACING OF CITY PAVEMENTS - 2005, GR. bids on a unit price covering the various items of work
#641 and material which will be performed. The final cost of
C. DESTRO DEVELOPMENT CO., THE. the work will be based on the actual measured
ITEM #126, C.C.P. 3/3/98 quantities of materials entering into the work and may
This is to advise your Honorable Body that I have be either more or less than the total hid. Work locations
advertised and received bids are related to emergency cave-ins, hazardous
In obtaining bids for the above project, I have asked for conditions and necessary repairs prior to paving.
bids on a unit price covering the various items of work The following bids were received:
and material which will be performed. The final cost of Base Bid Unit Price
the work will be based on the actual measured Increase
quantities of materials entering into the work and may C. Destro Development Co., Inc. $186,700.00
be either more or less than the total bid. $205,370.00
The following bids were received: Base Bid 2255 Bailey Avenue, Buffalo, NY 14211
Unit Price Increase Thomann Asphalt Paving, Inc. $191,925.00
C. Destro Development Co., Inc. 2,295,742.50 $211,117.50
2,525,316.75 56 Gannville Road, Lancaster, NY 14086
2255 Bailey Avenue, Buffalo, NY 14211 Birch Grove Landscaping $207,375.00
Amherst PavingCorp. 2,304,755.00 $228,112.50
2,535,230.50 East Aurora, NY 14052.0117
330 Meyer Road, Amherst, NY 14226 Amherst PavingCorp. $212,175.00
Millherst Construction Inc. 2,495,885.00 $233,392.50
2,745,473.50 30 Meyer Road, Amherst, NY 14226
2601 Millersport Highway, Getzville, NY 14068 I hereby certify that the lowest responsible bidder for
Janlk Paving Construction, Inc. 2,562,082.75the above project is C. Destro Development Co., Inc. I
2,818,291.03 respectfully recommend that your Honorable Body
97 Evens Street, Hamburg, NY 14075 authorize a contract award in the amount of
*Adjusted Amount $205,370.00 ($186,700.00 Base Bid + 10% unit price
I hereby certify that the lowest responsible bidder for increase $18,670.00 = Total Award $205,370.00).
the above project is C. Destro Development Co., Inc. I Funds for this work are in Public Works Accounts
respectfully recommend that your Honorable Body #30032106 and a future Bond Account to be
authorize a contract award in the amount of established after the May 2005 Bond sale. The
$2,525,316.75 ($2,295,742.50 Base Bid + 10% unit engineer's estimate for this work is $200,000.00.
price increase $229,574.25 = Total Award The attached is certified to be a true and correct
$2,525,316.75). Funds for this work are in Public Works statement of the two (2) lowest bids received. Under
Accounts #30032106 and a future Bond Amount to be provisions of the General Municipal Law, any of the
established after the May 2005 bond sale. The bidders may withdraw his bid if an award of the contract
engineer's estimate for this work is $2,800,000.00. is not made by June 11, 2005. Individual bid
The attached is certified to be a true and correct submissions are available in our office for inspection
statement of the two (2) lowest bids received. Under and copies are available upon request.
provisions of the General Municipal Law, any of the Attached is a candidate list for your review.
bidders may withdraw his bid if an award of the contract severe shove severe shove drainage problem -
is not made by June ! 1, 2005. Individual bid mill/pave
submissions are available in our office for inspection Mr. Coppola moved:
and copies are available upon request. That the above communication from the Commissioner
Attached is a candidate paving list for your review. of Public Works, Parks and Streets dated April 28,
Mr. Coppola moved: 2005, be received and filed; and
That the above communication from the Commissioner That the Commissioner of Public Works, Parks and
of Public Works, Parks and Streets dated April 28, Streets, be, and he hereby is authorized to award a
2005, be received and filed; and contract for City Pavements, Group #643, to C. Destro
That the Commissioner of Public Works, Parks and Development Co., Inc., the lowest responsible bidder, in
Streets, be, and he hereby is authorized to award a the amount of $205,370.00 ($186,700.00 Base Bid +
contract for City Pavements - 2005, Group #641, to C. 10% unit price increase $18,670.00 = Total Award
Destro Development Co., Inc., the lowest responsible $205,370.00). Funds for the project are available in
bidder, in the amount of $2,525,316.75 ($2,295,742.50 Public Works Accounts #30032106 and a future Bond
Base Bid + 10% unit price increase $229,574.25 = Total Account to be established after the May 2005 Bond
Award $2,525,316.75. Funds for the project are sale.
available in Public Works Accounts #30032106 and a PASSED
future Bond Account to be established after the May AYES - 9 NOES - 0
2005 bond sale.
PASSED NO. 28
AYES - 9 NOES - 0 REPORT OF BIDS
CITY-WIDE SIDEWALK REPLAEEMENT-2005,
NO. 27 GR.#642
REPORT OF BIDS P & J CONSTRUCTION CO., INC.
REPAIR TO CITY PAVEMENTS, GR. #643 ITEM #126, C.C.P. 3/3/98
This is to advise your Honorable Body that I have elevator. $Deduct $2,200.00
advertised and received bids Deduct $5,500.00 Deduct $2,200.00
In obtaining bids for the above project, I have asked for The foregoing change results in a net decrease in the
bids on a unit price covering the various items of work contract of Seven Thousand Seven Hundred and
and material which will be performed. The final cost of 00/100 Dollars (-$7,700.00).
the work will be based on the actual measured Current Contract Amount $957,772.50
quantities of materials entering into the work and may Amount of This Change Order (#5) $ 7,700.00
be either more or less than the total bid. The following Revised Contract Amount $95O,O72.5O
bids were received: Base Bid Unit Price Costs have been reviewed by the Consulting Architect
Increase (DiDonato Associates) and the Department of Public
Works, Parks & Streets and were found to be fair and
P & J Construction Co., Inc. $731,972.00equitable. Funds for this work are to be credited to
$805,169.20 36322206 445100 - Division of Buildings.
709 Pleasantview Drive, Lancaster, NY 14086 I request that Your Honorable Body authorize the
C. Destro Development Co., Inc. $877,790.00Commissioner of Public Works, Parks & Streets to
$965,569.00 issue a change order to the contractor as set forth
2255 Bailey Avenue, Buffalo, NY 14211 above.
Sunshine Concrete, Inc. $845,875.00Mr. Coppola moved:
$930,462.50 That the above communication from the Commissioner
3461 Stevenson Ct., North Tonawanda, NY of Public Works, Parks and Streets dated April 19,
Campobello Construction Co., Inc. $1,042,000.002005, be received and filed; and
$1,146,200.00 That the Commissioner of Public Works, Parks and
3407 Delaware Avanue, Kenmore, NY 14217-2050 Streets be, and he hereby is authorized to issue change
I hereby certify that the lowest responsible bidder for order No. 5, to DCB Elevator Co., Inc., a decrease in
the above project is P & J Construction Co., Inc. I the amount of $7,700.00, as more fully described in the
respectfully recommend that your Honorable Body above communication, for work relating to Job No.
authorize a contract award in the amount of 0326, City Hail, Elevator Modernization, Low Rise, C
$805,169.20 ($731,972.00 Base Bid + 10% unit price #92010806. Funds for this project are to be credited to
increase $73,197.20 = Total Award $805,169.20). 36322206 445100 - Division of Buildings.
Funds for this work are in Public Works Accounts PASSED
#30032106 and a future Bond Account to be AYES - 9 NOES - 0
established after the May 2005 bond sale. The
engineer's estimate for this work is $850,000.00. NO. 30
The attached is certified to be a true and correct Change in Contract
statement of the two (2) lowest bids received. Under Elmwood Hertel Fire Station
provisions of the General Municipal Law, any of the Construction
bidders may withdraw his bid if an award of the contract Job #0436
is not made by June 11, 2005. Individual bid North District
submissions are available in our office for inspection I hereby submit to Your Honorable Body the following
and copies are available upon request. changes for the Elmwood Hertel Fire Station,
Attached is a candidate list for your review. Construction, Concept Construction, #92010961.
Mr. Coppola moved: 1. Additional clearing of heavy brush, shrubs &
That the above communication from the Commissioner streets in order to relocate existing power lines.
of Public Works, Parks and Streets dated April 28, Add $ 2,197.00
2005, be received and filed; and The foregoing change results in a net increase in the
That the Commissioner of Public Works, Parks and contract of Two Thousand One Hundred Ninety Seven
Streets, be, and he hereby is authorized to award a and 00/100 Dollars ($2,197.00).
contract for City -Wide Sidewalk Replacement - 2005, Summary:
Group #642, to P & J Construction Co., Inc., the lowest Current Contract Amount $1,849,000.00
responsible bidder, in the amount of $805,169.20 Amount of This Change Order (#1) $ 2,197.00
($731,972.00 Base Bid + 10% unit price increase Revised Contract Amount $1,851,197.00
$73,197.20 = Total Award $805,169.20). Funds for the Costs have been reviewed by the Consulting Architect
project are available in Public Works Accounts (Carmina & Wood, P.C.) and the Department of Public
#30032106 and a future Bond Account to be Works, Parks & Streets and were found to be fair and
established after the May 2005 Bond sale. equitable. Funds for this work are to available in
PASSED 30062306 445100 - Division of Buildings.
AYES - 9 NOES - 0 I request that Your Honorable Body authorize the
Commissioner of Public Works, Parks & Streets to
NO. 29 issue a change order to the contractor as set forth
CHANGE IN CONTRACT above.
CITY HALL Mr. Coppola moved:
ELEVATOR MODERNIZATION - LOW RISE That the above communication from the Commissioner
JOB #0326 of Public Works, Parks and Streets dated April 22,
ELLICOTT DISTRICT 2005, be received and filed; and
I hereby submit to Your Honorable Body the following That the Commissioner of Public Works, Parks and
changes for City Hall, Elevator Modernization -Low Streets be, and he hereby is authorized to issue change
Rise, DCB Elevator, C #92010806. order No. 1, to Concept Construction, an increase in the
1. Credit to retain and reuse existing pit access doors. amount of $2,197.00, as more fully described in the
Deduct $5,500.00 above communication, for work relating to Job No.
2. Credit to not install compensator tie down on freight 0436, the Elmwood Hertel Fire Station, Construction, C
#92010961. Funds for this project are available in from our recycling contractor.
30062306 445100 - Division of Buildings. REFERRED TO THE COMMITTEE ON FINANCE
PASSED DIVISION:
AYES – 8 NOES – 1
AYES – BONIFACIO, CONRAD, COPPOLA, DAVIS, NO. 33
FONTANA, FRANCZYK, RUSSELL AND THOMPSON Permission to Accept Funds
– 8 North Buffalo Ice Rink
NOES – GOLOMBEK – 1 De-Humidification System
Delaware District
NO. 31 Permission is hereby requested from Your Honorable
Change in Contract Body to accept $50,000 from the North Buffalo
[Main Mercer Fire Station Community Center to replace the de-humidification
Expansion & Reconstruction system at the North Buffalo Ice Rink. The Community
Job #0422 Center will be receiving the funds from the New York
Masten District State Community Capital Assistance Program. The
I hereby submit to Your Honorable Body the following project is estimated to cost $60,000 and the remaining
changes for the Main Mercer Fire Station, Expansion & funds are available in the Division of Buildings Capital
Reconstruction, The Peyton Barlow Co., C #92010964. Accounts.
1. Install remote overhead door operator. Add $613.00 Mr. Coppola moved:
2. Remove unsuitable soit conditions and replace with That the above communication from the Commissioner
suitable structural fiill Add $ 9,131.00 of Public Works, Parks & Streets dated April 27, 2005,
The foregoing change results in a net increase in the be received and filed; and
contract of Nine Thousand Seven Hundred Forty Four That the Commissioner of Public Works, Parks &
and 00/100 Dollars ($9,744.00). Streets be, and he hereby is authorized on behalf of the
Summary: City to accept $50,000 from the North Buffalo
Current Contract Amount $1,120,000.00 Community Center to replace the de-humidification
Amount of This Change Order (#1) Add $ 9,744.00 system at the North Buffalo Ice Rink from the New York
Revised Contract Amount $1,129,744.00 State Community Capital Assistance Program. The
Costs have been reviewed by the Consulting Architect project is estimated to cost $60,000 and the remaining
(Bergmann Associates) and the Department of Public funds are available in the Division of Buildings Capital
Works, Parks & Streets and were found to be fair and Accounts.
equitable. Funds for this work are to available in PASSED
30062106 445100 - Division of Buildings. AYES – 9 NOES – 0
I request that Your Honorable Body authorize the
Commissioner of Public Works, Parks & Streets to NO. 34
issue a change order to the contractor as set forth Permission to Grant Easement
above. to Niagara Mohawk
Mr. Coppola moved: 1720 Fillmore Avenue
That the above communication from the Commissioner Masten District
of Public Works, Parks and Streets dated April 27, Permission is hereby requested from Your Honorable
2005, be received and filed; and Body to authorize the Commissioner of Public Works,
That the Commissioner of Public Works, Parks and Parks & Streets to enter into an easement agreement
Streets be, and he hereby is authorized to issue change with Niagara Mohawk at 1720 Fillmore Avenue. The
order No. 1, to The Peyton Barlow Co., an increase in easement is required to relocate an electric line around
the amount of $9,744.00, as more fully described in the the proposed fire station.
above communication, for work relating to Job Mr. Coppola moved:
No. 0422, the Main Mercer Fire Station, Expansion & That the above communication from the Commissioner
Reconstruction, C #92010964. Funds for this project of Public Works, Parks & Streets dated April 27, 2005,
are available in 30062106 445100 - Division of be received and filed; and
Buildings. That the Commissioner of Public Works, Parks &
PASSED Streets be, and he hereby is authorized on behalf of the
AYES – 9 NOES –0 City to enter into an easement agreement with Niagara
Mohawk at 1720 Fillmore Avenue to relocate an electric
NO. 32 line around the proposed fire station.
City Residential Recycling PASSED – 9 NOES – 0
Item Nos. 51 and 52, C.C.P. 04/19/05
NO. 35
The referenced items were sent to this department for
RESOLUTION FOR NYSDEC
comment.
COST SHARE GRANT FOR URBAN AND
I have no reason to doubt that the information
COMMUNITY FORESTRY
presented in these two items is correct and accurate. It
GRANT # C302427
is interesting to note that in Philadelphia recycling rates
Your Honorable Body previously approved a contract
increased dramatically when the City issued fines to
for citywide tree planting which included a $25,000.00
violators, but rates dropped when the enforcement
grant from NYSDEC for Urban and Community
stopped. Sections 216-47, and 216-50 give this
Forestry.
department stern power to require recycling. Is it the
In order for the City to receive the $25,000.00
Council's desire that these regulations be strictly
reimbursement, NYSDEC requires a resolution be
enforced, and uniformly imposed? It is also interesting
approved as follows:
to note that Philadelphia spends $3 million and
Let it be resolved:
Pittsburgh spends almost $360,000 in public education
That the City of Buffalo, Department of Parks and
for recycling while we spend $75,000, which comes
Streets is hereby authorized and directed to file an Exempt, Appointment at the flat starting salary of
application for 50% matching funds in an amount not to $92,411
exceed $25,000.00, and upon approval of said request Robert T Chella 42 Autumnview Rd Amherst, NY 14221
to enter into and execute a project agreement with the Mr. Coppola moved:
New York State Department of Environmental That the above communication from the Commissioner
Conservation for such financial assistance to the City of of Police dated April 7, 2005 be received and filed; and
Buffalo for a 2004 Cost-Share Grant for Urban and That the appointment of Robert T. Chella, residing at 42
Community Forestry in New York State. Autumnview Road, Amherst as Deputy Police
RECEIVED AND FILED Commissioner at the salary of $92,411.00, be and
hereby is approved.
NO. 36 PASSED
Telecommunications Services Audit AYES – 9 NOES – 0
Permission is being requested from Your Honorable
Body to authorize our department to enter into an NO. 40
agreement with Telesoft to perform a Permission To Accept Various Grants Awarded To
telecommunications services audit. This department Department Listed Below And Approval For
solicited proposals from qualified entities to perform the Appropriate
telecommunications services audit, and received four Interfund Cash Loans
responses. No appropriation would be required; the As you are aware, the Buffalo Police Department has
vendor would be paid based on a percentage of billing been very successful in securing grant funding through
overcharges for telecommunications services identified various sources. We have received official verification
and recovered on the City's behalf. and confirmation from the County, State and Federal
Mr. Coppola moved: Governments as to these awards. Therefore, in order to
That the above communication from the Commissioner keep within the practices of our grant processing,
of Public Works, Parks & Streets dated April 20, 2005, especially in this time of critical need for funds, we are
be received and filed; and asking permission from your Honorable Body and
That the Commissioner of Public Works, Parks & Buffalo's Fiscal Stability Authority (if required) for the
Streets be, and he hereby is authorized on behalf of the Mayor to enter into the contracts listed below. In
City to enter into an agreement with Telesoft to perform addition, we are also requesting, as is our standard
a telecommunications services audit. practice, that your Honorable Body authorize the
PASSED Comptroller to provide for an interfund cash loan for all
AYES – 9 NOES – 0 non-personnel expenses until such reimbursements are
secured by the funding source (County, State, "Feds").
NO. 37 We have listed the amounts under each identified grant
Updates to City of Buffalo and each loan would then be repaid as the
Garage Sale Ordinance reimbursements are sent to the City under the
Item No. 115, C.C.P. 04/19/05 individual grant programs.
This department offers the following comments on the As you are aware, the grant process often involves
proposed changes to ordinances governing garage delayed information, budgets, and contracts at these
sales. government levels, often times beyond the City's
In addition to a prohibition of posting signs on any traffic control, and therefore create a pressing situation for the
control devices, City light poles or other public processing of the required paperwork. Some of these
properties, it should be specifically stated that signs grants involve personnel expenses, equipment, etc. and
should not be affixed to any City-owned trees. Also, if it is imperative that we spend out the funding prior to
permits are to be issued for multiple sales within a the end of the grant's fiscal year, and in most cases,
calendar year, the permits should be issued by the because of the lengthy processing, we are constantly
Division of Licenses and not the Department of Public faced with time constraints Therefore, we would
Works, Parks and Streets. The Division of Licenses is appreciate your approval at the next meeting.
far better equipped to issue such permits. STOP DWI Grant Program We are requesting
REFERRED TO THE COMMITTEE ON LEGISLATION authorization for the Mayor to enter into the 2005
renewal agreement between the City of Buffalo and the
FROM THE COMMISSIONER OF POLICE County of Erie under the STOP DWI Grant Program for
the period January 1, 2005 through December 31,
NO. 38 2005. The City of Buffalo and the County of Erie have
" Police Officer Foot Patrol" had these annual contractual agreements over the last
Item #98, C.C.P. April 5, 2005: several years whereby the City is reimbursed for efforts
In response to the aforementioned resolution, please be in the enforcement of alcohol and/or related traffic
advised that the Buffalo Police Department currently violations. Under this agreement, the City will be
utilizes park and walk patrols: reimbursed by the County for up to 65% of all revenue
Under the direction of Deputy Police Commissioner generated from fines levied resulting from the
Robert Chella and District Chiefs we plan on enhancing disposition of alcohol-related traffic offenses. These
the program, staffing levels permitting. Council funds are then utilized to continue enhancing the
members can submit desired areas to Deputy Police Department's DWI enforcement activities. Under this
Commissioner Chella for consideration. particular grant, there is no City Match and no interfund
REFERRED TO THE COMMITTEE ON LEGISLATION cash loan request.
NYS MOTOR VEHICLE THEFT/INSURANCE FRAUD
NO. 39 PREVENTION
Certificate of Appointment GRANT - Again, we are asking for authorization for the
Appointment Effective: April 7, 1005 in the Department Mayor to enter into
of Police to the Position of Deputy Police Commissioner a renewal agreement between the City of Buffalo and
the Department of Criminal Justice Services under the This year, the City will not get the funds upfront the feds
State's Motor Vehicle Theft and have changed the distribution process, and the City will
Insurance Fraud Prevention Program for the period 01-have to draw down within 120 days of actual
01-05 through 12-31-05. Our award is $93,500 and the expenditures.
expenditures under this grant project will cover As has been our previous process for the UASI Year
reimbursement for a Detective's position as it relates to One and Year Two funds, we are now asking for
the incidence of automobile thefts and correlated approval by your Honorable Body to accept these funds
crimes (Salary: $61,946 (including overtime, if on behalf of the City, and in addition, accept the
applicable)/Fringes: $29,134); supplies: $360 expenditures itemized below so that when the items are
(eaburator cleaner, sandpaper, batteries, etc); training: in the process of being purchased, we do not have to
$1,000; maintenance/repair: $1,060 to previously come back to Council for each individual purchase. Jim
purchased grant equipment/membership to Association Milroy, the Commissioner of Administration and
of Auto Theft Investigators. We are requesting an Finance, will be meeting specifically with the Control
interfund cash loan for all non-personnel expenditures Board about this funding and the expenditures. This
(training expenditures, supplies, maintenance, pertinent year, the "feds" have set the contractual dates
to this initiative) until such reimbursement is secured beginning October 1, 2004 through March 31, 2007; to
from the State. The loan would then be repaid as the date we have not received an official confirmation of our
reimbursements are sent to the City from the State application's acceptance. We have been told it is in
under this grant project. There is no City Match involved process and "looks good." We are notifying the Council
with this grant. now because this process takes so much time, is not
GOVERNOR'S TRAFFIC SAFETY (YEAR 10) - Once easy, and we are also in the middle of utilizing and
again, the City Buffalo has applied for $41, 664 in managing Year One and Two Funds. Once the
renewal grant funding under the Governor's Traffic paperwork is officially sent from the State, we want to
Safety Grant Program through our participation with the be able to move, since it involves all three entities:
County of Erie's Governor's Traffic Safety Regional Buffalo, Niagara and Erie Counties.
Planning Committee. Through this project, a heavy The City's breakdown of funding is as follows:
emphasis is being placed on general safety by Fire Department ($1,090,000):
addressing speed enforcement and aggressive driving $294,000 - Interoperable Communications Equipment
behaviors that have been determined regionally by this (broadband network, emergency broadcast television
committee as a major problem (whereby the City of network for broadcast emergencies, Deccan Public
Buffalo is represented, as are the surrounding suburbs). Safety Software, Disaster LAN software, geospatial
Under this year's grant, we have requested information system)
reimbursement for salaries: 5 hrs per week per 1 Patrol $400,000 - Personal Alert System- Sending/Receiving
Officer per District/Flex/Traffic Squads to specifically Info between firefighter/base command
pursue speeding/aggressive driving behaviors in $75,000 - Post Blast Collection Vehicle - Collection of
identified trouble spots There is no City Match involved Post Blast Explosion Evidence
with this grant. $21,000 - Post Blast Evidence Collection Equipment-
OPERATION PROTECT KIDS (CIGARETTE GRANT) - specialized equipment for blast evidence collection
This renewal grant was awarded to the County of Erie $225,000 - WMD Training/Full Scale Exercise - As
under the New York State Department of Health's required by Feds, National Incident Management, etc.
Youth Tobacco Enforcement and Prevention Grant and $ 75,000 - WMD Evacuation Planning - response
will run through September 30, 2005. plans/procedures: City's high rise bldgs
Under this renewal agreement, the County will Buffalo Police Department ($525,000)
reimburse the City of Buffalo the sum of $35.00 for $100,000 - Overtime/Backfill for CBRNE Response
every completed compliance check of merchants who Unit/First Responder Office of Domestic Preparedness
sell tobacco products. Using underage operatives as Approved Training and Participation in required field
decoys, compliance checks have been conducted to exercises
see if active enforcement of New York State Public $200,000 - Citizen Preparedness Initiative - Citizen
Health Laws reduces the availability of tobacco Preparedness Training, Emergency Response
products to children. Another focus of this project has Awareness, etc. presented to community by Citizen
been to educate local business owners with licenses to Preparedness Coordinators all throughout the City
sell tobacco products as to the law, and how this law $150,000 - Overtime/Backfill for BPD presence at
must be enforced. Merchants who have been found federally approved large
violating this law and allowed the operative to purchase events held in City of Buffalo (Juneteenth, Taste of
tobacco products, are to be subjected to penalties Buffalo, etc.) during
imposed by the Health Department, which may include "yellow alerts"
fines. The City of Buffalo will receive 50% of any fines $ 50,000 - Interoperable Communications - Nextel
levied in order to continue the efforts to reduce tobacco phones to communicate with FBI, US
sales to minors. Customs, Border Patrol, etc.
UASI YEAR 3 (2005 FUNDS) As you are aware, the $ 25,000 - Planning Costs - enhancement of
City of Buffalo, County of Erie, and Niagara County emergency operating
have been awarded grant funds for a third year (2005) procedures, prevention/ deterrence plans, coordination
under the Urban Area Security Initiative(UASI)from the of citizen/family
US Department of Homeland Security for urban area preparedness plans, modification of CBRNE
security and homeland preparedness, totaling response/recovery plans – This
$7,207,995. The City of Buffalo's share of funding is a category is specialized by "feds" for planning purposes
total of $3,201,716; the County's share is $2,731,189, – Safeguard
Niagara County's share is $350,000, and New York Category for City of Buffalo
State's 20% share totals $1,441,599 (of which they General City Departments ($1,586,716):
gave an extra $516,509 back to Buffalo/Erie County). $1,000,000 - Water System Security Enhancement
(continuation from Year 2 funds) competitively bidding this unit.
$ 379,000 - Critical Infrastructure Protection: City Hall Mr. Coppola moved:
($179,000 security equipment $200,000 possible hiring That the above communication from the Commissioner
security) of Fire dated April 20, 2005 be received and filed; and
$129,180 - Continuation of City's Homeland Security That the Commissioner of Fire be, and he hereby is
Coordination Position (Salary: $100,000 Fringes: authorized to purchase a CBRNE Response Truck, by
$29,180 - Note: Coverage until March 2007) accepting through the 2003 Urban Area Security
$ 78,536 - City's Management/Administrative Costs Initiative (UASI Yr 1) Grant funds in the amount of
(2.5% Cap) Covers $53,836 Salary/S15,850 Fringes for $500,000.00 for the vehicle and an additional
Fiscal Compliance Manager; $8,850 mandatory $300,000.00 to purchase specialized equipment for this
attendance at Homeland Security Grant vehicle. That the Division of Purchase is in the process
presentations/federal monitoring activities; again note: of competitively bidding this unit.
Coverage until March 2007. PASSED
This completes the City of Buffalo's direct share of AYES – 9 NOES – 0
contractual funding for 2005 ($3,201,716).
We will be submitting this information to the Control NO. 42
Board upon your approval and as soon as we receive Renaming of Moreland Field to :William Edward
the "official" paperwork. Again, we are asking for both Madden, Sr." Field
the acceptance of these homeland security grant funds, Item #124 CCP April 19, 2005
as well as the acceptance of the expenditures listed Please be advised that the Buffalo Fire Department has
that had to be negotiated with the County of Erie and no objection to the above-referenced Common Council
approved by New York State's Office of Weapons and Resolution.
Mass Destruction, through the Federal Department of Given Mr. Madden's military accomplishments and
Homeland Security, Office of Domestic Preparedness. active community involvement, it seems only fitting his
Concerning the other grants listed, are asking for legacy be remembered with such an honor.
permission for the City to accept all of these awards, RECEIVED AND FILED
and also, authorization for the requested interfund cash
loans. We are finding the processing of grant NO. 43
information more and more difficult due to the Fireworks Regulations
complexity of the different processes stipulated by Item #62; C.C.P. April 19, 2005
Local, County, State and Federal Governments, and As per the request of your Honorable Body, I am
due to the limitations we have been experiencing providing the following information regarding fireworks
resultant from the City's own fiscal situation. We try to regulations by the City of Buffalo.
secure all the required information in a timely manner, The possession of fireworks and similar materials is a
however, the reality is that always does not happen, crime as defined under the New York State Penal Law.
and as a result, we find ourselves, processing things This area of law is fully regulated by New York State,
that are quite lengthy, as is in this case, or having to and any attempt to regulate this area by local
process things extremely quickly or extremely late. We municipalities would be preempted by State law.
are asking for your cooperation and assistance with this Therefore, the information contained in the above-
particular filing, in light of what is happening budget-referenced item should be referred to the Buffalo Police
wise within our own Department and the City as a Department for further investigation and review. The
whole. applicable laws are sufficient to address the problems
If you have any questions or require further clarification as identified in the complaint, but there must be
of the above, please contact Chief Richard Ortiz or enforcement of the Penal Law, which is an issue that
Maureen Oakley at ext. 4475. must be reviewed by the Buffalo Police Department.
Thank you for your immediate attention to this pressing REFERRED TO THE COMMITTEE ON LEGISLATION
matter.
Mr Coppola Moved: No. 44
rd
That permission is hereby granted to the Buffalo Police
3Room Bar
Dept. to accept grants awarded to the department and
Item #58; C.C.P. April 19, 2005
appropriate approval of interfund cash loans as more
As per the request of your Honorable Body, I am
specifically detailed in this item.
providing the following information regarding the above-
PASSED
rd
referenced item concerning the 3Room Bar on
AYES – 9 NOES –0
Chippewa Street.
I have reviewed this item, and the request to have a
FROM THE COMMISSIONER OF FIRE
hearing regarding the licenses issued to this
establishment. Currently, the City of Buffalo issues
NO. 41
~a
licenses to the 3Room Bar for music, restaurant and
Purchase of CBRNE Response Truck
The Department of Fire is requesting approval to a sidewalk cafe The music and sidewalk caf6 licenses
are automatically renewed, and do not require
purchase a CBRNE Response Truck. This unit
approvals from the Buffalo Police Department or the
is an All Hazards/Weapons of Mass Destruction
Emergency Response Vehicle for Chemical, Biological, Department of Permit and Inspection Services. The
restaurant license only requires approval from the
Radiological, Nuclear and/or Explosive incidents.
Buffalo Fire Department.
Grant money was secured through the 2003 Urban
Area Security Initiative (UASI Yr 1) Grant funds in the Therefore, it is my position that the concerns raised in
this item are directly related to the alleged disorderly
amount of $500,000.00 for the vehicle and an additional
conduct of the establishment's employee. Therefore,
$300,000.00 to purchase specialized equipment for this
vehicle. the New York State Liquor Authority would be the
appropriate agency to investigate this matter, and not
The Division of Purchase is in the process of
the City of Buffalo. The license issued to the bar allows Zoning Office, Fire Department, Building Inspections,
music and the service of food and beverages at the Police Department and Collections Office I find it
establishment. If there were a problem with the food complies with all regulations and other applicable laws.
and/or beverages being served at the bar, then it would This request is submitted for your approval or whatever
be more appropriate to initiate a suspension or action you deem appropriate.
revocation hearing on the licenses (along with the Erie REFERRED TO THE COMMITTEE ON LEGISLATION
County Health Department), but it is not within our
jurisdiction to initiate a hearing based on the conduct of NO. 49
the employees. Again, this would be a function of the FOOD STORE LICENSE
New York State Liquor Authority. 550 TONAWANDA (NORTH)
REFERRED TO THE COMMITTEE ON LEGISLATION Pursuant to Chapter 194 of the City of Buffalo
Ordinances, please be advised that I have examined
NO. 45 the attached application for a Food Store License
FOIA Request located at 550 Tonawanda and find that as to form is
Item #47; C.C.P. April 19, 2005 correct. I have caused an investigation into the
premises for which said application for a food store
As per the request of your Honorable Body, I am license is being sought and according to the attached
providing the following information regarding the reports from the Zoning Office, Fire Department,
Freedom of Information Request made by Reggie Building Inspections, Police Department and
Brown. Collections Office I find it complies with all regulations
The information requested by Mr. Brown in the above-and other applicable laws. This request is submitted for
referenced item is public information. The Office of your approval or whatever action you deem
Strategic Planning and all other City of Buffalo appropriate.
departments and/or agencies that retain files on any of Mr. Coppola moved
the requested information should forward that That the food store License application by Tawfik
information to Mr. Brown via certified mail with a return Atlatby for the location of 550 Tonawanda is hereby
receipt request. approved
REFERRED TP THE DIRECTOR OF STRATEGIC PASSED
PLANNING AYES - 9 NOES - 0
NO. 46 NO. 50
Tosh Collins & Cazenovia Ice Rink, SECOND HAND DEALER
Invoices 1981 CLINTON (LOVEJOY)
(Item No. 58, 74, & 75, C.C.P., Pursuant to Chapter 254 of the City of Buffalo
12/28/04) Ordinances, please be advised that I have examined
Please find enclosed for your information a copy of a the attached application for a Second Hand Dealer
letter dated May 2, 2005 this office has received from License located at 198I Clinton and find that as to form
Gregory J. Dudek, Esq. of the Erie County Attorney's is correct. I have caused an investigation into the
Office with regard to the non-payment of security premises for which said application for a second hand
services provided to the referenced facilities. dealer license is being sought and according to the
REFERRED TO THE COMMITTEE ON FINANCE attached reports from the Zoning Office, Fire
Department and Building Inspections, I find it complies
FROM THE COMMISSIONER OF PERMIT & with all regulations and other applicable laws. I have
INSPECTION SERVICES caused an investigation by the Police Department into
the moral character of John Pirro. The attached thereto
NO. 47 for John Pirro d/b/a Pro Enterprises. This request is
197 ALLEN (ELLICOTT) submitted for your approval or whatever action you
Pursuant to Chapter 194 of the City of Buffalo deem appropriate.
Ordinances, please be advised that I have examined REFERRED TO THE COMMITTEE ON LEGISLATION
the attached application for a Food Store License
located at 197 Allen and fINd that as to form is correct. I NO. 51
have caused an investigation into the premises for SECOND HAND DEALER
which said application for a food store license is being 1325 KENSINGTON (UNIVERSITY)
sought and according to the attached reports from the Pursuant to Chapter 254 of the City of Buffalo
Zoning Office, Fire Department, Building Inspections, Ordinances, please be advised that I have examined
Police Department and Collections Office I find it the attached application for a Second Hand Dealer
complies with all regulations and other applicable laws. License located at 1325 Kensington and find that as to
This request is submitted for your approval or whatever form is correct. I have caused an investigation into the
action you deem appropriate. premises for which said application for a second hand
REFERRED TO THE COMMITTEE ON LEGISLATION dealer license is being sought and according to the
attached reports from the Zoning Office, Fire
NO. 48 Department and Building Inspections, I find it complies
1 ALMA (UNIVERSITY) with all regulations and other applicable laws. I have
Pursuant to Chapter 194 of the City of Buffalo caused an investigation by the Police Department into
Ordinances, please be advised that I have examined the moral character of Deborah Daniel. The attached
the attached application for a Food Store License thereto for Deborah Daniel d/b/a Deborah's Antiques
located at 1 Alma and find that as to form is correct. I Tresures & Treats. This request is submitted for your
have caused an investigation into the premises for approval or whatever action you deem appropriate.
which said application for a food store license is being Mr. Coppola moved
sought and according to the attached reports from the That the second hand dealer license application for
1325 Kensington by Deborah Daniel is hereby Ordinances, please be advised that I have examined
approved the attached application for a Used Car Dealer License
PASSED located at 700 Military and find that as to form is
AYES - 9 NOES - 0 correct. I have caused an investigation into the
premises for which said application for a used car
NO. 52 dealer license is being sought and according to the
SIDEWALK CAFE LICENSE attached reports from the Zoning Office, Fire
42 CHIPPEWA WEST (ELLICOTT) Department and Building Inspections, I find it complies
The Common Council approved a sidewalk car6 for the with all regulations and other applicable laws. I have
restaurant located at 42 Chippewa West on June 30, caused an investigation by the Police Department into
1995 (C.C.P. #36). The restaurant, formerly known as the moral character of Yuriy Gostylo. The attached
the Bradford Grill, is now owned by Todd Bews and thereto for Yurity Gostylo d/b/a Useco Auto Motors.
called Area 42. Mr. Bews has requested permission to This request is submitted for your approval or whatever
install a similar cafe The Department of Permit & action you deem appropriate.
Inspection Services has no objection to you Honorable Mr. Coppola moved:
Body authorizing the Commissioner to issue a "mere That the above communication from the Commissioner
license" to encroach City right of way provided all of Permit and Inspections Services dated April 20,
conditions in the above mentioned approval are met 2005, be received and filed; and
Mr. Coppola moved That pursuant to Chapter 254 of the City Code, the
That the sidewalk café application for the restaurant Commissioner of Permit and Inspections Services be,
located at 42 W Chippewa by Todd Bews is hereby and he hereby is authorized to grant a Used Car Dealer
Approved license to Yurity Gostylo d/b/a Useco Auto Motors,
PASSED located at 700 Military.
AYES - 9 NOES - 0 PASSED
AYES - 9 NOES - 0
NO. 53
SIDEWALK CAFE LICENSE NO. 56
220 DELAWARE (ELLICOTT) USED CAR DEALER
The Common Council approved a sidewalk car6 for 506 WALDEN (FILLMORE)
the restaurant located at 220 Delaware on June 11, Pursuant to Chapter 254 of the City of Buffalo
2002 (C.C.P. #32). The restaurant, formerly known as Ordinances, please be advised that I have examined
Shaker Lounge, is now owned by Tai Truong and called the attached application for a Used Car Dealer License
Sweet Papaya. Mr. Truong has requested permission to located at 506 Walden and find that as to form is
install a similar caf6. The Department of Permit & correct. I have caused an investigation into the
Inspection Services has no objection to you Honorable premises for which said application for a used car
Body authorizing the Commissioner to issue a "mere dealer license is being sought and according to the
license" to encroach City right of way provided all attached reports from the Zoning Office, Fire
conditions in the above mentioned approval are met. Department and Building Inspections, I find it complies
Mr. Coppola moved with all regulations and other applicable laws. I have
That the sidewalk Café application for the restaurant caused an investigation by the Police Department into
located at 220 Delaware Ave Tai Truong is hereby the moral character of Thomas McLaughlin. The
approved attached thereto for Thomas McLaughlin d/b/a City
PASSED Mission Society Inc. This request is submitted for your
AYES - 9 NOES - 0 approval or whatever action you deem appropriate.
Mr. Coppola moved:
NO. 54 That the above communication from the Commissioner
SIDEWALK CAF6 LICENSE of Permit and Inspections Services dated April 20,
571 DELAWARE (ELLICOTT) 2005, be received and filed; and
The Common Council approved a sidewalk caf6 for the That pursuant to Chapter 254 of the City Code, the
restaurant located at 571 Delaware on September 16, Commissioner of Permit and Inspections Services be,
1997 (C.C.P. #160). The restaurant, formerly known as and he hereby is authorized to grant a Used Car Dealer
Hollywood Pasta's & Deli, is now owned by Anthony license to Thomas McLaughlin d/b/a City Mission
Concialdi and called Panaro's. Mr. Concialdi has Society Inc., located at 506 Walden Avenue.
requested permission to install a similar oaf& The PASSED
Department of Permit & Inspection Services has no AYES - 9 NOES - 0
objection to you Honorable Body authorizing the
Commissioner to issue a "mere license" to encroach FROM THE CITY CLERK
City right of way provided all conditions in the above
mentioned approval are met. NO. 57
Mr. Coppola moved LIQUOR LICENSE APPLICATIONS
That the sidewalk café application for the restaurant Attached hereto are communications from persons
located at 571 Delaware Ave by Anthony Concialdi is applying for liquor licenses from the Erie County
hereby approved Alcohol Beverage Control Board.
PASSED Address Business Name Owner's Name
AYES - 9 NOES - 0 311 Connecticut M Carney, Esq. C. No Name
Given
NO. 55 1125 Tonawanda C L. Juston Kates Bar &
USED CAR DEALER Restaurant
700 MILITARY (NORTH) 1412 Kensington Jay J. Hamill same as
Pursuant to Chapter 254 of the City of Buffalo previous
RECEIVED AND FILED 6 - March 2005
5. Amendment to Comprehensive Program Packaging
NO. 58 and Development Services Provider Agreement - THIS
LEAVES OF ABSENCE WITHOUT PAY ITEM WAS TABLED AT THE MEETING
I transmit herewith notifications received by me, 6. Bevlar & Associates Inc. Construction Contract
reporting the granting of the leaves of absence without Monitoring and Compliance Services Monthly Report
pay, in the various departments as listed: for Addendum 1 Project - February 2005
Police-Debra Cordone, Patrick Russell 7. Team Progress Report - February 2005
Community Services-James Matthews 8. Team Progress Report - March 2005
Administration and Finance- Michael Nowadly RECEIVED AND FILED
RECEIVED AND FILED.
NO. 62
NO. 59 E: BAILEY-AMHERST DISTRICT
NOTICES OF APPOINTMENTS - SEASONAL/FLAT MANAGEMENT ASSOCIATION
I transmit herewith certificates received by me, Dear Common Council
reporting seasonal and flat salary appointments made The attached is the 2005 - 2006 budget for the Bailey-
in various departments. Amherst District Management Association. Pursuant to
RECEIVED AND FILED. the attached letter from the Department of Assessment
and Taxation, we’re filing our budget before the April
CERTIFICATE OF APPOINTMENT 30, 2005 deadline.
rd
Appointment Effective4/27/05 in the Department of
Please place this matter on the May 3Council
Public Works, Parks and Streets
agenda.
Division of Engineering to the Position of Laborer II
REFERRED TO THE COMMITTEE ON LEGISLATION
,Seasonal Non Competitive at the flat starting salary of
$8.15/hr
NO. 63
Roderick D. Salter, 321 Hasting Avenue, Buffalo, NEW
BMHA INFORMATION
YORK 14215
Dear Mr. Chwalinski:
Please file this document for the Common Council's
NO 60
review.
APPOINTMENTS - TEMPORARY, PROVISIONAL OR
RECEIVED AND FILED
PERMANENT
I transmit herewith Appointments in the various
NO. 64
departments made at the Minimum (Temporary,
SNOW REMOVAL LETTER TO ADMINISTRATIVE
Provisional or Permanent) (as per contract
ADJUDICATION
requirements).
Dear Mr. Chwalinski:
REFERRED TO THE COMMITTEE ON CIVIL
Please file the attached item for the Common Council
SERVICE.
meeting to be held on May 3, 2005.
Violation location: 101 and 107 Hodge Avenue
Certificate of Appointment
Docket No. T117459
Appointment Effective 4/19/05 in the Department of
T117460
Public Works Division of Streets to the Position of
This is in response to your notices recently receive
Superintendent of Street Sanitation
regarding hearing to be scheduled April 22, 2005 at
PROVISIONAL PROMOTION at the MINIMUM Starting
10:15 AM. We have been out of town for a considerable
Salary of: $35,031
period of time and at the time this notices received was
James Fallon, 62 Hartman Place, Buffalo, NY 14207
the night after we arrived in Buffalo. I have previously
responded to your notice that called for a ticket and a
Certificate of Appointment
violation for snow removal. That notice was sent and
Appointment Effective4/25/05 in the Department of
presumably received by your office.
Public Works Division of Streets to the Position of
We have a snow removal service for every year of all of
Truck Driver, Temporary Appointment at the minimum
the years that we have owned and occupied the
Starting Salary of $27,646
property. Those snow removal services are always
Joseph J. Florella, 393 Porter Avenue, Buffalo, NY
licensed by the City of Buffalo for snow removal. It
14201
would appear that you do not require the licensed snow
removal services to take care of the sidewalks although
NON-OFFICIAL COMMUNICATIONS, PETITIONS
you certainly have a capability to do so as a
AND REMONSTRANCES
requirement of the licensee.
NON-OFFICIAL COMMUNICATIONS
For you to expect the property owner to personally clear
the sidewalk is ridiculous, inane, and inclusional as a
NO. 61
governmental function. I am 78 years old and my wife is
LPCIMINELLI
only a few years younger, and neither of us is physically
MEMORANDUM
capable of shoveling the sidewalk, cutting the lawn,
BOARD PACKET DOCUMENTS
making building repairs ere, etc, all al the above is done
Attached are the following documents from the April 11,
by contract labor. On a occasion we have been able to
2005 Joint Schools Construction Board Meeting:
have casual labor do the sidewalk snow removal but
1. Draft Agenda
that availablity is inconsistence and certainly would not
2. Meeting Minutes from JSCB Meeting dated March 7,
meet the requirements of the so called Snow Removal
2005
Ordinance. We have tried hiring young labor to
3. Application and Certificate for Payment No. 32 -
consistently remove the snow without success. We
March, 2005
have contacted various church groups in order to locate
4. Phase II Application and Certificate for Payment No.
sidewalk help. If your office will provide us with any
form of responsive parties to clean the side walk of Sincerely,
snow in accordance with Bureau of Administrative Lori A. Hahn, Deputy Clerk
Adjudication Cattaraugus County Legislature
the ordinance, we will be more than happy to retain ACT NO. 219-2005
such services. We have in the past tried to contact the by Mrs. Abets and Mr. Baker, Mr. Burrell, Mr. J. Ellis,
same snow removal services that take care if the City Mr. Felton, Mr. Fitzpatrick, Mr. Krause, Mr. Marsh, Mr.
Parking Lots adjacent to our properties to retain them, Moser,
as a snow removal service. They decline. Mr. O'Brien, Mr. Schafer, Mr. Anastasia,
At the present time, seventy-five percent of the Mr. Giardini, Mr. McClune, Mr. McLaughlin,
occupants of our building are young women, both Mr. Sprague, Mr. Vecchiarella and Mr. Zollinger
unwilling and/or unable to do sidewalk snow removal. REQUESTING NEW YORK STATE AND CITY OF
To our knowledge, there are no young able body and BUFFALO RESOLVE ISSUES
residing in the immediately community of Hedge INVOLVING J. N. ADAM DEVELOPMENTAL
Avenue, nor have I found anybody residing on West CENTER
Utica Street willing to assume that responsibly. Pursuant to Section 153 of the County Law.
This is a City Sidewalk located on City property, I. WHEREAS, the Village of Perrysburg maintains a
traverse for the most part by visitor to Children's publicly-owned
Hospital. This pedestrian and automobile traffic is 24 Community water system, and
hours a day, seven days a week, and is an impossible II. WHEREAS, water is purchased from the State of
burden being placed on the property owner. It is, as I New York Office of
understand, a great source of revenue to the City of Mental Retardation and Developmental Disabilities, and
Buffalo by reason of parking" enforcement and a
persistent nuisance to the property owners. Please III. WHEREAS, this water facility is located on
advise us of a reasonable alternative in terms of man property on which the
power to remove the snow on the sidewalk either by City of Buffalo has reversionary rights, and
requiring the snow plow licenses or such other source IV. WHEREAS, New York State has attempted
of manual labor. to sell the former J. N.
Thank you for you consideration. Adam Developmental Center where the water supply is
REFERRED TO THE COMMITTEE ON LEGISLATION located, and
V. WHEREAS, issues have developed between
NO. 65 the City of Buffalo and
POLICE VEHICLES TO BE AUCTIONED the State of New York regarding the property sale, and
Please file the attached document for the upcoming Vl. WHEREAS, the failure of the State and City
Common Council Session to be held on May 3, 2005. to resolve the
Thank you in advance for your assistance in this matter. outstanding issues will negatively impact the ability of
Sincerely, the Town of Perrysburg to form a water district, upgrade
Ellicott District Councilmember the existing infrastructure, and extend the system to
RECEIVED AND FILED service insufficient yielding private properties outside
the village limits, now, therefore, be it
NO. 66 I. RESOLVED, that the Cattaraugus County Legislature
S DIPASQUALE REMOVAL OF TWO PARKING hereby requests
SIGNS 228 BRINKMAN the City of Buffalo and the State of New York to work
out the remaining issues involving the former J. N.
As per our phone conversation of April 20, 2005 1 am Adam Developmental Center property, and be it further
requesting that TWO SIGNS (No Parking Here to II. RESOLVED, that the Clerk of the Legislature is
Corner and No Parking Anytime) in front of our house at hereby directed to forward certified copies of this
228 Brinkman Avenue up to the corner of Robe Avenue resolution to Governor Pataki, Assembly Member
be removed. Young, Mayor Masiello, and the Buffalo Common
There is no need for these signs. They were originally Council.
put there at our request in Fiscal Impact: none
1997 to keep the front of our house clear. STATE OF NEW YORK )
Our parking needs have changed. We no longer have COUNTY OF CATTARAUGUS )
parking access in the lot behind our building so staff I, the undersigned, Deputy Clerk of the Legislature of
has to use street parking on Brinkman Avenue up to the County of Cattaraugus, New York, do hereby certify
Rohe. Our building is staffed 24 hours a day; to be able that I have compared the foregoing copy of Resolution
to park in front of our building at 228 Brinkman up to the Act No. 219-2005 of the Legislature of Said County of
corner of Robe provides safely and security for all our Cattaraugus with the original thereof on file in my office
staff and residents. and duly adopted by said Legislature at a meeting of
Thank you for your assistance in this matter. said Legislature on the 13th day of April, 2005, and that
Sincerely, the same is a true and correct copy of such resolution
Sister Janet DiPasquale, Director and of the whole thereof.
REFERRED TO THE COMMITTEE ON LEGISLATION In testimony whereof, I have hereunto set my hand and
AND THE COMMISSIONER OF PUBLIC WORKS affixed the seal of said County this 19thday of March
2005.
NO. 67 Lori A. Hahn, Deputy Clerk
L. HAHN, REQ NY STATE COB RESOLVE ISSUES Cattaraugus County Legislature
JN ADAMS DEV CTR REFERRED TO THE COMMITTEE ON FINANCE
If you have any questions regarding this resolution,
please do not hesitate to contact my office at (716) 938-NO. 68
9111, extension 2232. CONCERN ALT PARKING ON STREETS
Dear Councilmen NOTICE OF HAZARDOUS CONDITION 456 DODGE
I am convinced that the time permitted to move a ear on STREET
an alternate parking street should be greater than 1 Dear Mr. Chwalinski:
Hour. I am contacting you to notify the City of Buffalo about a
Out of fairness to Tax Paying residents this must be hazardous condition in my community.
done. The exact address of this hazard is: 456 Dodge St
There is no reasonable reason for keeping it at one (1) Tree that needs to be trimmed or remove
hour.. (circle one) Raised or damaged sidewalk
One hour is punitive Pothole
People who live on alternate parking streets are -- Other (Please explain on other side of the form)
discriminated against. REFERRED TO THE CITY CLERK AND THE
Many resident taxpayers are not at home during the COMMISSIONER OF PUBLIC WORKS
moving hour.
Amy Ratajczak NO. 71
84 North Pearl Street ALL HIGH STADIUM
Buffalo, N.Y. 14202 Dear Mr. Chwalinski:
April 25, 2005 I am writing to respectfully request your assistance in
RECEIVED AND FILED filing the attached document for the next Common
Council meeting on May 3, 2005.
NO. 69 I thank you for your assistance in this matter. Should
CONCERN RELOCATION RESTORATION SOCIETY you have any questions, please feel free to contact me
CLUBHOUSE 433 FRANKLIN at (716) 851-5145.
Council Member Brian C. Davis Sincerely,
1408 City Hall Antoine M. Thompson
65 Niagara Square Masten District Council Member
Buffalo, New York 14202 City of Buffalo
I am writing to express my concern regarding the PLEASE DON'T LET THE COUNTY EXECUTIVE
relocation of the Restoration Society Clubhouse to 433 DIVERT FUNDS THAT WERE SET ASIDE FOR
Franklin. I understand and value the importance of their RENOVATION OF ALL-HIGH STADIUM. OUR HIGH
mission but do not believe that this is an appropriate SCHOOLS FOOTBALL AND TRACK TEAMS
location for their services. DESERVE A SAFE AND UP TO DATE FACILITY. I'M I
Despite the fact that the area in question is zoned C2, THE ONLY ONE WHO REMEMBERS THAT MR.
the area is predominately residential, especially in GIAMBRA REMOVED HIS CHILDREN FROM THE
comparison to the RSC's current location at Elmwood WATERFRONT SCHOOL, BECAUSE HE FELT HIS
and Virginia. I understand that even at its current CHILDREN WEREN'T SAFE. NOW MR. GIAMBRA IS
location neighbors and residents have had numerous GOING TO SEE THAT OUR CHILDREN CONTINUE
complaints regarding panhandling, vulgar language, TO PLAY FOR YEARS TO COME IN AN UNSAFE,
public urination and general disrespect to people and WORN, OUT DATED FACILITY FOR ANOTHER 100
property. The neighborhood is already saturated with YEARS. THE FUNDS FOR RENOVATION OF ALL-
this behavior and it seems that the police department is HIGH HAVE BEEN HIDING IN THE COUNTY
too overburdened to deal with these existing quality of LEGISLATORS OFFICES SINCE 1999? YOU IN THE
life issues. COMMON COUNCIL SHOULD HAVE USE THESE
North Pearl is a unique street. Its residents are FUNDS FOR THERE INTENDED USE LONG AGO.
predominantly professionals that have made a financial GENTLEMEN LET'S GET THE CONSTRUCTION
and emotional investment in their homes. However, it is MOVING ON ALL-HIGH. "JOE" USE THOSE SCHOOL
challenged by its immediate proximity to Main Street. I FUNDS FROM SCHOOLS DISTRICTS OUTSIDE THE
would like to raise a family here, but I'm not comfortable CITY OF BUFFALO TO FUND THE COUNTY PARKS.
taking a walk in my own neighborhood without the NOT ON THE BACKS OF OUR CITY SCHOOLS
accompaniment of my husband. I'm discouraged when CHILDREN.
friends and family from the suburbs come to visit and MIKE PEOPLES
are consistently confronted by those displaying the RECEIVED AND FILED
above mentioned behaviors. Another family on the
street, now expecting their second child has put their PETITIONS
house on the market, leaving for the suburbs. I'm a
strong advocate of city living but I'm afraid that we will NO. 72
do the same in the near future being unable to cope R. BEBOUT, AGENT, USE 2156 NIAGARA ST TO
with the challenges of city living. I believe that the city is REPLACE AN EXISTING MCDONALD'S (NORTH)
chasing away the exact residents it needs to keep. (HRG 5/10)
I am sure there is an appropriate location with less REFERRED TO THE COMMITTEE ON LEGISLATION,
concentration of human/social services, where quality THE CITY PLANNING BOARDAND THE
of life, property values and neighborhood growth is not CORPORATION COUNSEL
as fragile as the North Pearl area. I appreciate your
cooperation as my representative to continue to protect NO. 73
my neighborhood and my investment in this city. B. RODRIGUEZ, AGENT, USE 544 NIAGARA ST
A concerned citizen, FOR A PATIO ENCROACHMENT (ELL) (HRG 5/10)
REFERRED TO THE COMMITTEE ON COMMUNITY REFERRED TO THE COMMITTEE ON LEGISLATION,
DEVELOPMENT THE CITY PLANNING BOARDAND THE
CORPORATION COUNSEL
NO. 70
NO. 74
B. BAUMKER, AGENT, USE 50 THIELMAN-(ITEM NO. 87, C.C.P., APR. 5, 2005)
ILLUMINATED GROUND SIGN (LOVE JOY) That the above item be, and the same hereby is
The attached is for Common Council Approval; but per returned to the Common Council without
Permits, no public hearing is required. recommendation.
REFERRED TO THE COMMITTEE ON LEGISLATION, Mr. Fontana moved:
CITY PLANNING BOARD AND CORPORATION That the Common Council does hereby request this
COUNSEL. resolution be referred to the Department of Public
Works, the Buffalo Police Department, the Buffalo Fire
NO. 75 Department and the Corporation Counsel for a
D. TRACEY, AGENT, USE 426 HERTEL response; and
AVE.OUTDOOR PATIO (NORTH) That the City Clerk schedule a public hearing date for
The attached is for Common Council Approval; but per the renaming of Corral Road to "Rotary Row" in tribute
Permits, no public hearing is required. to The Rotary Club of Buffalo.
REFERRED TO THE COMMITTEE ON LEGISLATION,
CITY PLANNING BOARD AND CORPORATION RENAME STREET NAME CHANGE OF CORRAL
COUNSEL. ROAD TO ROTARY ROW (HRG. 5/3 )
CCP# 87 -APRIL 5, 2005
NO. 76 That the above item be and the same is
P. GERVISS, AGENT, USE 346 MILITARY RD.-returned to the Common Council without
IILUMINATED GROUND SIGN W/MOVING LETTERS; recommendation.
ADDL. SIGN RECOMMENDED BY THE COMMITTEE ON
BOARDS (NORTH) LEGISLATION
The attached is for Common Council Approval; but per Richard A. Fontana, Chairman
Permits, no public hearing is required. A public hearing has been set, before the Common
REFERRED TO THE COMMITTEE ON LEGISLATION, Council, at this regularly scheduled meeting; on the
CITY PLANNING BOARD AND CORPORATION above item, and a Notice of same has been published
COUNSEL. in the Buffalo News for two consecutive weeks, a copy
of which is attached hereto
FINANCE On a motion by Mr. Coppola, seconded by Mr. Fontana
(BRIAN C. DAVIS, CHAIRMAN) , the item is properly
NO. 77 before the Common Council, and the hearing is
TERMINATION OF PARKING AGREEMENT opened.
(LAW) (CCP# 33,4/19) CARRIED
That the above item be and the same hereby is Appearances- Mr. Bonifacio
received and filed. In Favor:
ADOPTED Mr. Coppola moved that the hearing be closed
Seconded by Mr Fontana
NO. 78 CARRIED.
TOSH COLLINS & CAZENOVIA ICE RINK INVOICES Mr. Coppola now moved that, after the required public
(LAW) hearing held by this Common Council, the above item
(CCP# 34,4/19) be and the same hereby is approved• Seconded by
That the above item be and the same hereby is PASSED.
received and filed. AYES - 9 NOES - 0
ADOPTED
NO. 82
NO. 79 RENAME MORELAND FIELD "WILLIAM EDWARD
R. TERMINI-ELLICOTT COMMONS & ALTERNATIVE MADDEN, SR." FIELD
SCHOOL PILOT (ITEM NO. 124, C.C.P., APR. 19, 2005)
(CCP# 57, 3/22) That the above item be, and the same hereby is
That the above item be and the same hereby is returned to the Common Council without
received and filed. recommendation.
ADOPTED Mr. Fontana moved:
That the Common Council does hereby request this
NO. 80 resolution be referred to the Department of Public
POLICE DEPARTMENT PURCHASE 7 NEW 2005 Works, the Buffalo Police Department, the Buffalo Fire
FORD EXPLORERS Department and the Corporation Counsel for a
(ITEM NO. 37, C.C.P., MAR. 22, 2005) response; and
That the Commissioner of Police be, and he hereby is That the City Clerk schedule a public hearing date for
authorized to purchase seven (7) new 2005 four-wheel the renaming of Moreland Field to "William Edward
drive Ford Explorers to be funded through Local Law Madden, Sr., Field".
Enforcement Block Grant Funding not to exceed
$182,000. RENAME MORELAND FIELD "WILLIAM EDWARD
PASSED MADDEN, SR." FIELD
AYES - 9 NOES - 0 CCP# 124 APRIL 19, 2005 (HRG 5/3)
That the above item be and the same is returned to the
LEGISLATION Common Council without recommendation.
NO. 81 RECOMMENDED BY THE COMMITTEE ON
(RICHARD A. FONTANA, CHAIRMAN) LEGISLATION
REQUEST STREET NAME CHANGE OF CORRAL Richard A. Fontana, Chairman
ROAD TO "ROTARY ROW"
A public hearing has been set, before the Common
Council, at this regularly scheduled meeting, on the NO. 85
above item, and a Notice of same has been published B. DAVIS-VIOLATIONS AT 77 JOHNSON PARK
in the Buffalo News for two consecutive weeks, a copy (CCP# 50, 4/19)
of which is attached hereto. That the above item be and the same hereby is
On a motion by Mr. Coppola, seconded by Mr. Fontana received and filed.
theitem is properly before the Common Council, and ADOPTED
the hearing is opened.
Appearances - NO. 86
RD
In Favor: Mr. Fontana
P. HENDERSON-COMPLAINT-EMPLOYEE OF 3
Mr. Coppola moved that the hearing be closed.
ROOM BAR ON CHIPPEWA
Seconded by Mr. Fontana Mr. Fontana
(CCP# 58, 4/19)
CARRIED.
That the above item be and the same hereby is
Mr. Coppola now moved that, after the required public
received and filed.
hearing held by this Common Council, the above item
ADOPTED
be and the same hereby is approved. Seconded by Mr.
Fontana
NO. 87
PASSED
FOOD STORE LICENSE - 599 WALDEN
AYES - 9 NOES - 0
(ITEM NO. 26, C.C.P., APR. 5, 2005)
That pursuant to Chapter 194 of the City Code, the
NO. 83
Commissioner of Permit and Inspections Services be,
ORDINANCE AMENDMENT - CHAPTER 511 -
and he hereby is authorized to grant a Food Store
ZONING (ADULT USES)
License to Mohamed Nasir, located at 599 Walden
(ITEM NO. 113, C.C.P., APR. 19, 2005)
Avenue.
That the above item be, and the same hereby is
PASSED
returned to the Common Council without
AYES - 9 NOES - 0
recommendation.
Mr. Fontana moved:
NO. 88
That after the public hearing before the Committee on
FOOD STORE LICENSE - 211 NIAGARA STREET
Legislation on April 26, 2005, the Ordinance
(ITEM NO. 37, C.C.P., FEB. 22, 2005)
Amendment as contained in Item No. 113, C.C.P., April
(ITEM NO. 68, C.C.P., APR. 5, 2005)
19, 2005, be and the same hereby is approved.
That the above item be, and the same hereby is
returned to the Common Council without
ORDINANCE AMENDMENT-CHAPTER 511-
recommendation.
ZONING
Mr. Fontana moved:
(HRG. 5/3) 5/3)
That pursuant to Chapter 194 of the City Code, the
(CCP#113-4/19/05)
Commissioner of Permit and Inspections Services be,
That the above item be and the same is returned
and he hereby is authorized to grant a Food Store
to the Common Council without recommendation.
License to Nadir Ali, located at 211 Niagara Street.
RECOMMENDED BY THE COMMITTEE ON
PASSED
LEGISLATION
AYES - 9 NOES - 0
A public hearing has been set, before the Common
Council, at this regularly scheduled meeting, on the
NO. 89
above item, and a Notice of same has been published
J. Butler-Req. Discussion of Marine Drive
in the Buffalo News, a copy of which is attached hereto.
Apartments
On a motion by Mr. Coppola, seconded by Mr.
(CCP# 38, 4/5)
Fontana
That the above item be and the same hereby is
The item is properly before the Common Council, and
received and filed
the hearing is opened.
ADOPTED
CARRIED.
Appearances – Mr. Fontana, Mr. Coppola, Mr. Franczyk
NO. 90
Mr. Coppola now moved that the hearing be closed.
Rental Dwelling Unit Registry/Cert of Occupancy
Seconded by Mr. Thompson
(Last Res)
PASSED
(CCP# 128, 3/8)
AYES - 9 NOES - 0
That the above item be and the same hereby is
received and filed.
NO. 84
ADOPTED
RE-APPOINTMENT MEMBERS TO THE EXAMINING
BOARD OF ELECTRICIANS
(ITEM NO. 1, C.C.P., APR. 19, 2005)
NO. 91
That the re-appointment of members of the Examining
Non Homestead Properties from Rental
Board of Electricians Board for terms expiring
Registration Fees
December 31, 2007 of Jeffrey C. Donnelly, residing at
(CCP# 47, 3/8)
63 Doyle Avenue; of Anthony P. Fanti, residing at 19
That the above item be and the same hereby is
Hecla Street; of David J. Pierowicz, residing at 91
received and filed.
Radcliff Road; of John Fecio, residing at 291 Downing
ADOPTED
and Michael J. McLaughlin, residing at 453 Richmond
Avenue be, and they hereby are approved.
NO. 92
PASSED
Ordinance Amendment-Chapter 264 Rental
AYES - 9 NOES - 0
Dwelling Unit Registration
(CCP# 154, 3/8) (Item No. 5, C.C.P., Mar. 22, 2005) (Item
That the above item be and the same hereby is No. 75, C.C.P., Apr. 5, 2005)
received and filed. That the above item be, and the same hereby is
ADOPTED returned to the Common Council without
recommendation.
NO. 93 Mr. Golombek moved:
S. Phillips-Ordinance Amendment-Chapter 81 That the offer from Mr. Yasmin Shah, residing at 2021
Auctions & Auctioneers (CCP# 62, 2/8) Bailey Avenue, in the sum of seven thousand and nine
That the above item be and the same hereby is hundred dollars ($7,900.00) for the purchase of 2018
received and filed. Bailey Avenue, be and hereby is accepted; and
ADOPTED That the appraisal requested by the City of Buffalo shall
be paid by the purchaser;
NO. 94 That the transfer tax, recording fees and cost of legal
C. Curmingham-Info.-Ord. Amend. Chapter 81-description shall be paid by the purchaser; and
Auctions & Auctioneers That the Corporation Counsel be authorized to prepare
(CCP# 45, 1/25) the necessary documents for the transfer of title and
That the above item be and the same hereby is that the Mayor be authorized to execute the same, in
received and filed. accordance with the terms of sale upon which the offer
ADOPTED was submitted.
PASSED
NO. 95 AYES – 9- NOES –0
Support Marine Drive Residents (Exe. 1,2,3 Res)
(CCP# 110, 2/4) NO. 102
That the above item be and the same hereby is referred Homestead - 84 Humason Avenue
to the Committee on Community Development. (Item No. 53, C.C.P., Mar. 22, 2005)
ADOPTED That the above item be, and the same hereby is
returned to the Common Council without
NO. 96 recommendation.
Trailblazing Sign Req. Rev. Macco M. Freeman (PW) Mr. Golombek moved:
(CCP# 29, 3/22) That the above-mentioned item be and the same is
That the above item be and the same hereby is hereby recommitted.
received and filed. Adopted.
ADOPTED
NO. 103
NO. 97 Project Based Section 8 & Other Housing within the
LL Re: Com. Of Strategic Planning & Homeland City of Buffalo
Security Needing Referendum (CC) (Item No. 114, C.C.P., Mar. 22, 2005)
(CCP# 40, 3/22) That the Common Council of the City of Buffalo
That the above item be and the same hereby is immediately:
received and filed. • Seek federal legislation to clarify that the
ADOPTED removal of the so called "endless lease" provision of the
Section
NO. 98 8 laws does not pre-empt local laws such as
Buffalo & EC Library Directors Report the Emergency Tenant Protection Act (ETPA) so that
(CCP# 50, 3/22) once a
That the above item be and the same hereby is landlord accepts a Tenant's Section 8 subsidy it
becomes a term and condition of the lease which
received and filed. ETPA
ADOPTED must be renewed at the expiration of each lease
term.
NO. 99 • Seek federal legislation that would require
Ord. Amend. - Chapter 264 Rental Dwelling Unit HUD to provide the City of Buffalo concurrent and direct
Registration notice
(Item No. 112, 4/26) of REAC inspection results including copies of
That the above item be and the same hereby is the inspection reports and notices to the Owner(s).
received and filed. • Seek federal legislation that would require
ADOPTED HUD's Real Estate Assessment Center (REAC)
housing
requirements to be consistent with local and
COMMUNITY DEVELOPMENT
state housing and fire codes.
• Ask the City's Administration to direct the City
of Buffalo Department of Permits & Inspections and City
(Joseph Golombek Jr., Chairman)
of Buffalo Fire Department
1) to inspect the premises of buildings
NO. 100
where HAPCs are threatened to be cancelled
M. Coppola-Effects of Bass Pro (Item No. 54, 4/I 9)
(independent of
That the above item be and the same hereby is
REAC inspections) to determine the
received and filed.
existence of local and state housing and/or fire code
ADOPTED
violations
or the lack thereof;
NO. 101
2) to provide the Administration, Common
Results of Negotiations - 2018 Bailey Avenue
Council, Owners and/or Tenants, at their Hanson, Acting New York Regional Office Director
request, with documentation indicating Frank McKay, U.S. Senator Charles Schumer, U.S.
the existence or non-existence of such Senator Hillary Clinton, U.S. Congressman Brian
violations; and Higgins, U.S. Congresswoman Louise Slaughter, New
3) to provide the Common Council, York State Senator Byron Brown, NYS
Owners and/or Tenants, at their request, with a written Assemblywoman Crystal D. Peoples, County Executive
assessment Joel Giambra, Erie County Legislator George Holt, Erie
of whether or not citations contained County Legislator Demone Smith, Mayor Anthony
within a REAC inspection report constitute violations of Masiello, the Buffalo Municipal Housing Authority, and
local Housing Opportunities Made Equal.
or state housing and building code. ADOPTED
• Seek federal legislation revoking the broad
foreclosure and property disposition powers given to NO. 104
HUD in Abandonment and Sale of Scatchard Place - Along
1995. Property Line of 136 & 142 Peabody (Item No. 11,
• Seek federal legislation to require HUD to maintain C.C.P., Feb. 3, 2004) (Item No. 94, C.C.P., June 22,
project-based Section 8 contracts after 2004)
foreclosure. That the request by Mr. Peter Battaglia, to purchase
• Seek federal legislation to require HUD to notify Scatchard Place be and hereby is denied.
Tenants of federally-subsidized buildings in writing DENY
within a set time period regarding proposed
actions that would affect ownership or regulated status NO. 105
of Entering Negotiations w/NY State re: Tifft Farm
their building and to seek input from Tenants at Nature Preserve (Fin. Resolve Only)
building-wide meetings regarding HUD's proposed (Item No. 111, 7/6
actions That the above item be and the same hereby is
and incorporate Tenants' input into HUD's received and filed.
decision making process. ADOPTED
• Push Governor Pataki and State legislators to
urge HUD to create demonstration projects to maintain NO. 106
and A. Thompson-Empire Zone Development Policy
improve this distressed housing stock, keeping it (Item No. 70, 12/14)
affordable and habitable for the long term. That the above item be and the same hereby is referred
• Ask President Bush, United States Senators and to the Minority Business Enterprises Committee.
Representatives, Governor Pataki, the United ADOPTED
States Department of Housing and Urban
Development, New York State Legislators, the Special Committees
Erie County Executive and County Legislators and EDUCATION
other officials
1) to ensure that federal and state governments (Antoine M. Thompson, Chairman)
increase rather than decrease funding of
rental subsidies such as Section 8 Vouchers, NO. 107
Shelter Plus Care, RAP (Rental Assistance M. Coppola-K. DiRaimondo-Req. Future Plans-
Program), and New York State Shelter Pub. School No. 86
Allowances for public assistance recipients, (Item No. 64, 7/6)
etc.; and That the above item be and the same hereby is
2) to ensure that there is increased funding received and filed.
and enforce compliance with requirements for the ADOPTED
construction and maintenance of
affordable housing. NO. 108
• Ensure that the City of Buffalo makes habitable M. Coppola-K. DiRaimondo-Req. Future Plans-Pub.
and affordable housing one of its top priorities by School No. 86 (Bd. Ed.)
allocating sufficient resources to ensure that the (Item No. 64, 7/20)
City has the ability to aggressively enforce the Building That the above item be and the same hereby is
and Housing Codes and the Fire Department received and filed.
Codes. ADOPTED
Be it Finally Resolved: That the Buffalo Common
Council hereby directs the City Clerk to forward copies
of this resolution to President George Bush, United RESOLUTIONS
Stated Department of Housing and Urban Development
Secretary Alphonso Jackson, Deputy Secretary Roy A. NO. 109
Bernardi, Federal Housing Commissioner & Asst Resolution
Secretary for Housing John C. Weicher, Deputy By: Mr. Bonifacio
Assistant Secretary for Affordable Housing Preservation Whereas: Currently in the City Charter under Chapter
Charles H. Williams, Deputy Assistant Secretary for §511-4 a "Kennel" is defined as: "Any premises on
Multifamily Housing Stillman Knight, Office of Housing which four or more dogs over four months of age are
Assistance Contract Administration Oversight Director kept;" and
Lanier M. Hylton, Office of Multifamily Asset Whereas: There is no clear definition of what a
Management Director Beverly Miller, Real Estate "premise" consists of, what properties are allowed to be
Assessment Center Management Director Elizabeth A. a "Kennel," and if any licenses and/or permits are
needed in order to be in compliance with City zoning Be It Further Resolved:
laws; and This Common Council hereby authorizes the Mayor to
Whereas: There is also no clear policy set forth take any and all steps reasonable
regarding what City Department(s) would be and necessary to support or join in the application for a
responsible for enforcing violations of the number of banking district to be designated at and around 364
dogs allowable on a "premise" and of City zoning laws Connecticut for the establishment of a Greater Buffalo
with regards to Kennels, in addition to their powers of Savings Bank branch; and
enforcement; and Be It Finally Resolved:
Whereas: Most City residents are very responsible with That a copy of this resolution be forwarded to Andrew
respect to dogs, it has become abundantly clear that Dora, Jr., President and CEO of the Greater Buffalo
some residents are taking advantage of this ambiguity Savings Bank
in the Charter requiring immediate clarification by the
City of Buffalo; and NO. 111
Now, Therefore Be It Resolved: BY: Mr. Conrad
Support for the Buffalo Waterfront
That the Common Council hereby requests that the
Corporation Council further clarify these issues in the
Development Corporation
City Charter and advises this honorable body of its
Whereas: Buffalo's waterfront developments have
recommendation; and
languished for decades, producing little in the way of
Be It Further Resolved:
physical improvements, enhancements to public
That the Common Council discusses the
access, parkland development and commercial,
recommendations of the Corporation Council in further
entertainment and residential mixed-use development;
detail at the appropriate committee.
and
Whereas: There are many entities involved in
No. 110
waterfront development but too little to show for their
Resolution
years of efforts in both the Outer Harbor and Inner
By: Mr. Bonifacio
Harbor and along the waterfront; and
Designate 364 Connecticut Street as a Banking
Whereas: the one significant public access
Development District for a New Branch of the
improvement is in Gallagher Beach where walking
Greater Buffalo Savings Bank
paths and increased lighting has better connected the
Whereas: The Greater Buffalo Savings Bank (GBSB), a
people to the waterfront; and
locally owned and operated full-service community
Whereas: This significant investment and
bank, was chartered in 1999 and opened its doors for
implementation program in Gallagher Beach was led
residents and businesses at 47 Corn Street in the
by-then Assemblymember Brian Higgins; and
Downtown Buffalo area; and
th
Whereas: Now as the Congressman of the 27
Whereas: The GBSB's motto upon its inception has
Congressional district, Brian Higgins has proposed the
been "Banking, the way it used to be, and since its
creation of a locally controlled waterfront development
opening, the bank has adhered to the principle upon
corporation with a limited life span and clearly defined
which it was founded: commitment to serving the
responsibilities including the financing, design,
financial needs of the depositors and the communities
engineering and construction of development projects
in which they live; and
along Inner and Outer Harbor, as well as certain areas
Whereas: In March 2001, the City of Buffalo provided
within traditional waterfront boundaries; and
support for the establishment of a banking development
Whereas: Congressman Higgins has proposed the
district to designate 2421 Main Street as the
establishment of the "Buffalo Waterfront Development
headquarters for the GBSB; and
Corporation" in a letter to Governor Pataki, County
Whereas: Since that time, GBSB has expanded
Executive Giambra and Mayor Masiello; and
throughout the City and the surrounding area with the
Whereas: The Mayor and the County Executive offered
establishment of five branches; and
support for the Congressman's plan, and have been
Whereas: There currently are no banks within a one-
joined in that support by Senators Schumer and
half mile radius of 364 Connecticut Street to serve the
Clinton; the Governor's office is reviewing the option.
local community; and
Now, Therefore Be It Resolved: the Common Council of
Whereas: This area of the Niagara District, although
the City of Buffalo offers its wholehearted support for
home to a 34% poverty rate, has seen recent economic
the establishment of a locally controlled waterfront
growth along the Connecticut corridor from West
corporation whose sole purpose will be to sustain focus
th
Avenue to 17Street with investments from D'Youville
and results oriented development to ensure the Buffalo
College, Armory Tavern at 311 Connecticut, Madill's
waterfront finally meets its full unrealized potential; and
Harts Service at 307 Connecticut Street, Vilardo
And Be It Further Resolved: that this Common Council
Printing at 326 Connecticut Street, Mineo & Sapio at
urges the Governor to sign on to this proposal so as to
410 Connecticut Street, and the building owner of 365
move real projects and mark real results for public
and 367 Connecticut Street; and
access on the Buffalo waterfront.
Whereas: There is a demonstrated need for an
REFERRED TO THE COMMITTEE ON COMMUNITY
establishment of a Greater Buffalo Savings Bank
DEVELOPMENT
branch to serve the local community by providing a safe
and profitable banking environment that fosters the
NO. 112
achievement of personal financial goals,
Mr. Coppola, Mr. Conrad
homeownership and business growth; and
Mr. Davis, Ms. Russell, Mr. Golombek Mr.
Now, Therefore Be It Resolved:
Bonifacio, Mr. Fontana
The Common Council hereby supports the creation of a
Proper Notification of Sex Offenders to City of
banking district along Connecticut Street and the
Buffalo Residents
establishment of a Greater Buffalo Savings Bank
The Sex Offender Registration Act, New York's version
branch to be located at 364 Connecticut Street; and
of Megan's Law, was signed by Govemor George E. Bonds of said City, or so much thereof as may be
Pataki in July 1995 and became effective on January necessary, to finance the refunding of all or a portion of
21, 1996; and various outstanding bonds of said City, pursuant to the
In a recant study conducted by Parent's for Megan's, a refunding bond resolution adopted by said Common
non-profit child advocacy group, that evaluated Council on February 22, 2005 and hereinafter referred
accessibility of sex offender information through various to; and
forms of community notification, New York State Whereas, Section 1 of said refunding bond resolution
received a failing grade; and provided that the Redemption Date for the 1993-A
It is vital that the City of Buffalo improves ways to get Bonds to be Refunded means/June 1, 2005 and the
sex offender information out to the public; and Redemption Date for the 1994-A Bonds to be Refunded
Since children are most effected by sex offenders, the means August l, 2005, and due to adverse market
Buffalo Police Department and the Buffalo Board of conditions the City and the Buffalo Fiscal Stability
Education should devise a method for notifying parents Authority decided to delay the issuance of such
when registered sex offenders move into the City of refunding bonds and it is now necessary to provide later
Buffalo, possibly by sending notifications with students' redemption dates for such 1993-A and 1994-A Bonds to
report cards. be Refunded;
Therefore Be It Resolved: now, therefore, be it
That this Common Council strongly supports Megan's Resolved by the Common Council of the City of Buffalo,
Law and advocates for new ways to alert residents of in the County of Erie, New York (by the favorable vote
registered sex offenders in the City of Buffalo; and Of not Icu than two-thirds of all member of said
Be It Further Resolved: Common Council) as follows:
That the Buffalo Police Department Sex Offense squad Section I.e. of the refunding bond resolution of said City
and the City of Buffalo Board of Education devise a duly adopted by the City Council on
plan to properly notify residents of previously convicted February 22, 2005, entitled:
sex offenders. "Refunding Bond Resolution of the City of Buffalo, New
REFERRED TO THE SPECIAL COMMITTEE ON York, authorizing the rescinding of all or a portion of
EDUCATION, BOARD OF EDUCATION AND THE various outstanding bonds of said City, stating the plan
COMMISSIONER OF POLICE of financing, appropriating an amount not to exceed
$110,000,000 therefor, authorizing the issuance
NO. 113 of$110,000,000 Refunding Bonds of said City, or so
BY: MR. COPPOLA much thereof as may be necessary, to finance said
COST SHARE GRANT FOR URBAN & COMMUNITY appropriation, and making certain determinations all
FORESTRY GRANT #C302427 relative thereto."
Whereas: In October 2004, the Department of Public is hereby amended to read as follows:
Works, Parks & Streets notified the Common Council "Redemption Date" means August 15, 2005 for the
that they had bids for the City Wide Fall Planting; and 1993-A Bonds To Be Refunded, February 1, 2006 for
Whereas: Gleason's Nursery Inc, 0f4780 Sheridan the 1994-A Bonds To Be Refunded, December 1, 2005
Drive in Williamsville, New York, won the bid; and for the 1995-A and 1995-B Bonds To Be Refunded,
Whereas: Item #15 of CCP 10/15/04, authorized the February l, 2007 for the 1997-A and 1997-B Bonds To
Department of Public Works, Parks & Streets to award Be Refunded, February I, 2008 for the 1998-A Bonds
a contract for City Wide Fall Planting 2004, Group To Be Refunded, February 1, 2009 for the 1999-A
#633, to Gleason's Nursery; and Bonds To Be Refunded, December 1, 2009 for the
Now, Therefore, Be It Resolved: 1999-D Bonds To Be Refunded, February 1, 2011 for
That the City of Buffalo, Department of Parks & Streets the 2001-A Bonds To Be Refunded, December 15,
is hereby authorized and directed to file an application 2011 for the 2001-D Bonds To Be Refunded, November
for 50% matching funds in an amount not to exceed 15. 2012 for the 2002-B Bonds To Be Refunded, and
$25,000.00, and upon approval of said request to enter October 1, 2005 for the 1993 Refunding Bonds To Be
into and execute a project agreement with the New Refunded."
York State Department of Environmental Conservation The amendment of the refunding bond resolution set
for such financial assistance to the City of Buffalo for a forth in Section A of this resolution, shall in no way
2004 Cost-Share Grant for Urban and Community affect
Forestry in New York State. the validity of the liabilities incurred, obligations issued,
PASSED or action taken pursuant to said refunding bond
AYES - 9 NOES - 0 resolution, and all such liabilities incurred, obligations
issued, or action taken shall be deemed to have been
NO. 114 incurred, issued or taken pursuant to said refunding
BY: MR, COPPOLA: bond resolution, as so amended.
REFUNDING BOND RESOLUTION This resolution shall take effect immediately subject
AMENDMENT RE: REVISED CALL DATE to approval by the Mayor in accordance with Section 38
REFUNDING OF 1993, 94, 95, 97, 98. 99, 2001 AND of
2002 OUTSTANDING BONDS the Charter of the City of Buffalo.
Resolution of the City of Buffalo, New York, adopted Introduced:
May 31 2005, amending the Refunding Bond Message of necessity
Resolution adopted February 22, 2005 in relation to That pursuant law we do hereby certify that immediate
revising the redemption date for the General passage of the attached bond resolution is necessary
Improvement Serial Bonds-1993-A to be refunde4 for the efficient conduct of City Business
Recitals PASSED
Whereas, the Common Council of the City of Buffalo, in AYES - 9 NOES - 0
the County of Erie, New York, has heretofore duly
authorized the issuance of $110,000,000 Refunding NO. 115
BY: MR. COPPOLA each.
RE: ORDINANCE AMENDMENT 3. Use of Alternative (Non-Inverted "U") Bicycle Parking
CHAPTER 307, PARKING AND PARKING LOTS racks:
The Common Council of the City of Buffalo does hereby As stated above, the Inverted"U" is" the first chance'
ordain as follows: for all applications ' At the
That Chapter 307 of the Code of the City of Buffalo be discretion of the City Bicycle & Pedestrian Planner,
amended to read as follows: other bicycle security devices may
§307-16 Bicycle Parking be approved for use in unusual circumstances. Any
A. Bicycle parking facilities shall be provided for any such alternate security device,
new building, addition, parkin~ lot or enlargement of an submitted for approval must provide for:
existing building, or any change in the occupancy of 1. Supporting the bike frame at two locations (not just a
any new building that result in the need for additional wheel);
auto parking facilities. 2. Allowing both the frame and at least one wheel to be
B. For proposed nonresidential uses in the Central locked to the rack;
Business district and all other 3. Allowing the use of either a cable or "U"-type lock;
business districts located within the City of Buffalo as 4. Bicycles which are equipped with water bottle cages;
noted in the current zoning ordinance having off-street 5. Bicycles which are not equipped with kick stands;
parking requirements of twenty spaces or more, a 6. All types and sizes of bicycles, including various
number of off-street bicycle parking spaces shall be types & sizes of frames, wheel sizes and tire widths.
provided equal to five (5)% of the automobile parking G. Bicycle Parking Lockers
space requirement. Subiect to approval by the Common Bicycle parking lockers are specifically encouraged for
Council for the proposed parking areas, the required assigned use by employees and bicycle commuters.
automobile parking spaces may be reduced at the ratio Bicycle parking capacity provided via lockers will be
of one (1) auto space for each six (6) bicycles paces considered as being in compliance with these rules.
provided, except that under no circumstances may the H. Location &Bicycle Parking Racks
required number be reduced by more than five 5%. Whenever possible, the racks should be placed within
C. The Commissioner of Public Works shall adopt rules 50' of building entrances where, bicyclists would
and regulations establishing the dimensional and naturally transition to pedestrian mode. The rack
equipment standards for bicycle parking areas on placement would ideally allow for visual monitoring by
private property along with designated areas in the City people within the building and/or people entering. the
right-of-way and specifics as to number of racks in a building. The placement of the racks should minimize
particular area according to need. conflicts with both pedestrians
D. The Department of Public Works shall oversee the and motorized traffic. All bicycle parking provided
allowable use of right-of-way for should be on concrete and located
spaces, along with sufficient separation from motor minimum of 24" from a parallel wall and 30" from a
vehicle parking areas to protect parked bicycles from perpendicular wall (as measured to the closest
damage by motor vehicles. This may be accomplished inverted). Sufficient space, to be a minimum of 24",
by grade separation, distance or physical barrier, such shall be provided beside each parked bicycle to allow
as curbs, wheel stops or other similar features. access.
E. For proposed non-residential sites having an off-It is hereby certified, pursuant to Section 3-19 of the
street requirement of twenty (20) spaces or more, a Charter of the City of Buffalo, that the immediate
number of off-street bicycle parking spaces shall be passage of the foregoing ordinance is necessary.
provided equal to five (5) % of the automobile parking APPROVED AS TO FORM
space requirement. Each inverted "U" provided would Corporation Counsel
count as two (2) bicycle parking spaces. Matter in brackets to be deleted, matter underlined is
F. Types of Bicycle Apparatus: new.
REFERRED TO THE COMMITTEE ON LEGISLATION
1. The Inverted "U: Type Bicycle Rack: AND THE CITY PLANNING BOARD
(a) Inverted "U" bike racks shall consist of three to five
inverted "U"s mounted 30" NO. 116
on-center via base plate rails to create a freestanding BY: MR. COPPOLA
array. The inverted "U"s shall be made from 1 ½ " 11 RE: ORDINANCE AMENDMENT
gauge steel tubing bent to measure 33" high, 18" wide CHAPTER 254, JUNK DEALERS AND
(minimum dimensions) with a gloss back polyester PAWNBROKERS
powder coat finish (or approved equal). The rails shall The Common Council of the City of Buffalo does hereby
be 2" by 1" rectangular steel tubing similarly finished ordain as follows:
with mounting holes and supplied with vandal resistant That Chapter 254 of the Code of the City of Buffalo be
concrete anchor mounting hardware for surface amended to read as follows:
installatio, to existing concrete. §254-8~ Garage Sales
(b) Each "U" shall be mounted to the rails via vandal A. The licensing and reporting requirements of this
resistant or hidden fasteners, which chapter shall not be applicable to house or garage
preclude the dismantling of the rack once assembled sales, except that if more than three such sales are
and installed. In some situations, individual "U"s may be held in any calendar year, a permit from the
preferable to a base plate array assembly of "U"s Commissioner of [Police] Public Works shall be
installed parallel to and behind the curb in business required. In addition, the Commissioner of Public Works
districts where sidewalk space is limited. shall not issue a permit for a garage sale until the
2. Individual "Inverted U" (non-base array) Alternative: district council member is notified of such request, and
(a) Individual "U"s to be surface mounted directly to his/her approval is received. Each sale may be no more
existing concrete shall have a pair of 6 3A" by 2" steel than three (3) consecutive days. The permit fee shall be
base plates (minimum dimensions) with two bolt holes as provided in Chapter 175, Fees.
B. A maximum of six signs may be displayed and
(6) Program and may not realize that 1% of the total
posted for each garage sale. Each sign shall be no budgeted construction and design cost of the capital
larger than two (2) square feet, and may be displayed improvement project shall be included in the budget for
for no more than two (2) days prior to the garage sale, the planning, design, construction, repair and
and must be removed at the close of the sale. The maintenance of works of art created pursuant to this
signs may not be posted on any traffic control devices, article; and
City of Buffalo light poles, on any public property, or Whereas: Chapter 409, section 4 explains a waiver of
within an,/public right-of way. requirements for section 3, and section 5 defines a
C. The City of Buffalo Print Shop will make available capital improvement project s any capital project paid
uniform garage sale signs that may be purchased at a for wholly or in part by the City of Buffalo to construct or
cost of $10.00 for six (6) signs. This fee will include the remodel any building, decorative or commemorative
advertisement of the date and location of the garage structure, park plaza, bridge, sidewalk, pedestrian mall,
sale on the City of Buffalo Web Page. Garage sale parking facility or any portion thereof within the limits of
signs provided by the City of Buffalo Print Shop must be the city.
requested at least five (5) days prior to the date of the Whereas: To better inform possible bidders of the Art in
garage sale for a posting on the web page at least two Public Places Program described in Chapter 403 of the
(2) days prior to the garage sale date. City of Buffalo ordinance, a copy of all of Chapter 409
§ 254-11, Conduct of business placement and of the City of Buffalo ordinance should be included with
enclosure of materials; certification. of compliance all outgoing bids.
A. No person, firm or corporation shall conduct or Therefor Be It Resolved:
carry on any business described in this chapter in such That this Common Council requires that the
a manner as to unduly disturb the peace and quiet of Department of Public Works includes a copy of Chapter
the neighborhood. Garage sales may be held only 409 of the City of Buffalo ordinance with any bids that
during the hours of 8:00A.M. to 8:00P.M. If at anytime are sent out for capital improvement projects within the
the Buffalo Police Department or any other law City of Buffalo
enforcement agency, or the Commissioner of Public ADOPTED
Works determines that a garage sale is a traffic or fire
hazard, or a neighborhood nuisance, the City of Buffalo NO. 118
shall have the authority to order the discontinuation of BY: MR. COPPOLA
the Garage sale immediately. Any premises used for RE: ORDINANCE AMENDMENT CHAPTER 511,
any of the businesses aforesaid shall at all times be ZONING
kept and maintained in a clean, wholesome, sanitary The Common Council of the City of Buffalo does hereby
and orderly condition and in full compliance with all ordain as follows:
ordinances of the City and all regulations of the Erie That Chapter 511 of the Code of the City of Buffalo be
County Department of Health. None of the materials amended to read as follows:
mentioned the preceding sections shall be deposited, §511-122, Applications and Appeals
stored or sorted in a public street or public place in E. Notice of hearing. When an application or appeal
connection with any such licensed business. has been filed in proper form and with the required
It is hereby certified pursuant to Section 3-19 of the data, the Clerk shall immediately place said application
Charter of the City of Buffalo, that the immediate or appeal upon the calendar for hearing and at once
passage of the foregoing ordinance is necessary. cause notices stating the time, place and object of the
APPROVED AS TO FORM hearing to be served either by mail or by personal
Corporation Counsel service in the manner prescribed by § 511-126D(2) of
NOTE Matter in brackets to be deleted, matter this chapter. Such notices shall be served at least 10
underlined is days prior to the day of such hearing upon the
new. following:
REFERRED TO THE COMMITTEE ON LEGISLATION (1) Application for special exception or appeal for
hardship variance: all owners of property having a
NO. 117 frontage on either side of the same street or streets as
SPONSOR: MR. COPPOLA the premises for which the permit is sought and within
CO SPONSOR’S MR. THOMPSON, MR. DAVIS [300] 400 feet [in both directions from the frontage of
FUNDING FOR PUBLIC ART said premises and also all owners of property situate
Whereas: As stated in Chapter 409, section 2 of the within 50 feet of the rear or side lot line of said
City of Buffalo ordinance, "The City of Buffalo accepts a premises] on all sides of the site boundaries.
responsibility for expanding its citizens' experience with (2) Application for interpretation as to conforming
visual art;" and equivalent use classification: all owners of property
Whereas: Chapter 409, Section 3 of the City of Buffalo having a frontage on either side of the same street or
ordinance states, "The Art in Public Places Program streets as the premises for which the permit is sought
shall apply to ALL capital improvement projects as and within 100 feet in both directions from the frontage
defined below, including multiphase projects on a single of said premises and also all owners of property situate
project site, whose budgeted cost of construction and within 50 feet of the rear or side lot line of said
design for a single project or for the total of such premises•
multiphase projects is equal to or greater than $1 (3) Appeal from alleged error or misinterpretation: the
million. An amount equal to 1% of the total budgeted appellant, the Commissioner of Inspections and
construction and design cost of the capital improvement Licenses or other administrative official concerned, and
project shall be included in the budget for the planning, the person or persons, if any, for whose benefit the
design, construction, repair and maintenance of works order, requirement, rule, regulation or determination
of art created pursuant to this article;" and was made by said Commissioner or other
Whereas: Many companies that submit bids for capital administrative official•
projects may not be aware of the Art in Public Places APPROVED AS TO FORM
Corporation Cgunsel South Elmwood Avenue (east side) on the West, Tracy
NOTE Matter in brackets to be Street (extended easterly) on the south, and Main
deleted, matter underlined is new Street (west side) on the east with the exception of
REFERRED TO THE COMMITTEE ON LEGISLATION, Franklin Street beginning 203 feet from Allen Street up
THE CITY PLANNING BOARD AND THE ZONING to North Street; and
BOARD OF APPEALS Be It Further Resolved That:
Participants within the event area, whether on the
NO. 119 public streets or out-of-doors on adjacent private
BY: BRIAN C. DAVIS property, will be limited as follows:
CHAMELEON WEST ALLENTOWN MUSIC AS
ART FESTIVAL 2005 1. Art or craft exhibitors may be located within
th th
the events area on the following streets only: Delaware
Whereas: On the 11and 12of June 2005,
Avenue between North Street and Tupper Street (east
running along side the Allentown Art Festival at the
and west sides); Franklin Street between Allen Street
corner of Franklin Street and Allen Streets, Chameleon
and Virginia Street (east and west sides); Virginia
West studios, along with Red Cape Enterprises, and
Street between Elmwood Avenue and Franklin Street
103.3 The Edge, wish to present a 2 day Music and Art
(north or south sides); and Edward Street between
Festival featuring over 30 area bands and musicians
Elmwood Avenue and Delaware Avenue (south side
participating in a 2 day marathon recording session
only).
along with local artists displaying their "left of Center"
Only art and craft exhibitors selected through the AVS
work on the premises at 510 Franklin Street and on
application and selection process shall be permitted
Franklin Street beginning 203 feet from Allen Street
within the designated boundaries. The AVS will select
going northerly not to surpass north Street; and
no more than 465 art and craft exhibitors, excluding
Whereas: With 2 alternating stages, one being framed
there from the exhibitions or sale of so-called "pseudo"
by floor to ceiling windows looking into live in the studio
art and exhibits of a strictly commercial nature.
recording sessions in the Chameleon West Live Room
Food concessionaries and vendors will be located
and another a smaller ensemble stage outside,
within the boundaries of the festival and according to
Chameleon West plans to record 15 acts a day, varying
police and fire departments recommendations. Such
from jazz to metal. Folk, punk, electronic, and more as
participant concessionaries shall be responsible
part of a CD/DVD release to be sold locally to raise
concessionaries to be selected by the AVS. Consistent
money for several not for profit charities; and
with AVS procedure, the AVS will solicit food and
Whereas: It is the desire of the City of Buffalo that
beverage concessionaries and vendors from
this event take place along with the annual Allentown
businesses or in the first resolved clause above,
Art Festival to further broaden and enhance the
reserving for them some of the concessions. The AVS
beginning of the City's Summer Festival Season;
may select and designate a single vendor employing a
Now Therefore Be it Resolved:
reasonable number of persons to vend balloons in the
The Common Council does hereby grant permission to
event area. The AVS may also select and designate a
Chameleon West Studios, 103.3 The Edge and Red
single vendor to produce and sell Art Festival T-shirts,
Cape Productions to conduct the Chameleon West
sweatshirts or similar merchandise within the deemed
Allentown Music as Art Festival 2005 at 510 Franklin
concession arrears. All participant concessionaries and
Street and on Franklin Street beginning 203 feet from
vendors are required to comply with all otherwise
the corner of Allen Street going northerly and not to
applicable licensing and health requirements.
th th,
surpass North Street on June 11and 122005
Not with standing the foregoing, nothing herein is
PASSED
intended to limit the usual and customary operations of
AYES - 9 NOES - 0
sidewalk caf6's" as defined in Section 413 -59 of the
Code of the City of Buffalo; and
NO. 120
Be it Further Resolved That:
BY: BRIAN C. DAVIS
Radio and television broadcasts from remote broadcast
TH
49ANNUAL ALLENTOWN OUTDOOR ART
units located outside of a building normally occupied by
FESTIVAL
a radio or television station may be permitted within the
Whereas: The Allentown Village Society, Inc.
events area by the event sponsor. No such remote
("AVS"), has requested permission to
broadcast or telecasts shall be permitted on the public
th
streets or out-of-doors on adjacent private property
conduct its 49Annual Allentown Outdoor Art Festival
without the permission of the event sponsor. In no case
on the Weekend of June 1lth and 12th,
shall any radio or television station employee blaring
2005; and
loud speakers or conduct giveaways, sale of
Whereas: The special event advisory committee,
merchandise, contests, displays or other promotional
established pursuant to Chapter 414, special events,
activities beyond what is broadcast or telecast over
will meet to consider the application of AVS to hold the
their airwaves in the public street or out-of-doors on
th
said 49Annual Allentown Outdoor Art Festival; and
adjacent private property during the hours of the event;
Now, Therefore, Be it Resolved That:
and
Subject to the additional conditions to be established by
Be It Finally Resolved:
the Special Events Advisory Committee and those
Unauthorized participants, the AVS shall provide all
stated herein, the AVS be and it hereby is granted
participants with suitable identification showing each as
th
permission to conduct the 49Annual Allentown
an authorized participant in the event. Except as herein
th
above provided, there shall be no other participants
Outdoor Arts Festival on the weekend of June 11and
within the events area during the event whether on
th,
122005, between the hours of 11:00 A.M. 6:00 P.M.
public streets or out-of-doors on adjacent private
on those days; within the events area bounded by
property, including exhibitors, concessionaries,
Summer Street on the north, Elmwood Avenue and
vendors, performers o r performances shall not be
permitted within the event area. All temporary inflatable Renewal Agency; and
devices used to advertise or direct attention to a WHEREAS, the City of Buffalo Urban Renewal Agency
business, service, product and/or activity shall also be and the Redeveloper has negotiated a Land Disposition
excluded from the event area. Agreement for the sale of 93 and 113 Maple and 74,78
The property of Chameleon West Studios at 510 and 86 Mulberry in the Fruit Belt Neighborhood
Franklin Street and Franklin Street beginning 203 feet Development Program ND-401 Urban Renewal Area;
from Allen Street going northerly and not to surpass and
North Street shall not be subject to the foregoing WHEREAS, the terms of said Land Disposition
provisions, provided, however, that its "Chameleon Agreement have been approved by the City of Buffalo
West Festival" shall be limited to that property and Urban Renewal Agency; and
conducted as authorized by the Common Council in WHEREAS, said Land Disposition Agreement has been
2005. forwarded by the City of Buffalo Urban Renewal Agency
PASSED to this Common Council for action, pursuant to section
AYES - 9 NOES - 0 507, subdivision 2 of the General Municipal Law; and
WHEREAS, Section 507(2) of the "General Municipal
NO. 121 Law" requires that the disposition of land in an Urban
BY: COUNCILMEMBER DAVIS Renewal Project may be approved only after a public
LAND DISPOSITION AGREEMENT hearing on due notice.
93, 113 MAPLE AND 74,78 AND 86 NOW, THEREFORE, BE IT RESOLVED:
MULBERRY 1. That the City Clerk is hereby directed to publish the
ST. JOHN FRUIT BELT CDC - notice attached hereto and marked "Notice of Hearing"
REDEVELOPER in the Buffalo News, no later than the 10th day of May
WHEREAS, the Buffalo Urban Renewal Agency has 2005.
duly designated St. John Fruit Belt Community 2. That this Common Council will conduct a Public
Development Corporation and/or other legal entity to be Hearing on the matter stated in said "Notice of Hearing"
formed as qualified and eligible Redeveloper in at 2:00 P.M. in the Council Chambers on the 17th of
accordance with rules and procedures duly adopted by May 2005.
the Agency; and ADOPTED
WHEREAS, the City Clerk has published a Notice of
Public Hearing, as required by Section 507, Subdivision NO. 123
2(d) of the "General Municipal Law" and BY: MR. DAVIS
WHEREAS, the proposed Land Disposition Agreement TRANSFER OF FUNDS
has been duly submitted to this Common Council by the
Buffalo Urban Renewal Agency; and ENGINEERING
NOW, THEREFORE, BE IT RESOLVED: That pursuant to §20-12 of the Charter and the
1. St. John Fruit Belt Community Development Certificate of the Mayor and the Comptroller submitted
Corporation and/or other legal entity to be formed was to the Common Council, the sum of $18,837 be and the
duly designated as qualified and eligible Redeveloper same is hereby transferred within the Department of
by the Buffalo Urban Renewal Agency, is hereby Public Works and said sum is hereby reappropriated as
approved as the Redeveloper of 93, 113 Maple and set forth below:
74,78 and 86 Mulberry in the Fruit Belt Neighborhood Emergency Street Construction - Personal Services
Development Program ND-401 Urban Renewal Area. 13112001 - 411001 Annual Salary $18,837
2. That the Mayor, the Chairman, Vice-Chairman, or Bridges - Personal Services
any officer of the Buffalo Urban Renewal Agency is 13113001 - 411001 Annual Salary $18,837
hereby authorized to execute any and all deeds or other PASSED
documents necessary to convey land described in the AYES - 9 NOES - 0
proposed "Land Disposition Agreement" to the City of
Buffalo Urban Renewal Agency, and there on to St. NO. 124
John Fruit Belt Community Development Corporation BY: BRIAN C. DAVIS
and/or other legal entity to be formed in accordance PERMISSION TO HANG A BANNER ON NIAGARA
with the terms of said Agreement and for the STREET.
consideration recited therein. Whereas: The Hispanic Apostle of the Catholic
st
REFERRED TO THE COMMITTEE ON COMMUNITY
Diocese of Buffalo would like to advertise their 1
DEVELOPMENT
Annual Braking Barriers Conference to be held on June
rd th
3through the 5at the Adams Mark Hotel; and
NO. 122
Whereas: In order to promote the event, the Hispanic
BY: COUNCILMEMBER DAVIS
Apostle of the Catholic Diocese of Buffalo is requesting
SET PUBLIC HEARING
permission to hang a banner on Niagara and Maryland
FRUIT BELT NEIGHBORHOOD DEVELOPMENT
Streets on poles number 164 and 401 which are on
PROGRAM ND-401 93,113 MAPLE AND 74,78 AND
Niagara Street; and
86
Now Therefore Be Resolved That:
MULBERRY
That the Common Council of the City of Buffalo grants
ST. JOHN FRUIT BELT COMMUNITY
permission to the
DEVELOPMENT CORP. - REDEVELOPER
Hispanic Apostle of the Catholic Diocese of Buffalo to
WHEREAS, St. John Fruit Belt Community
hang a banner to advertise their event; and
Development Corporation and/or other legal entity to be
Be It Further Resolved That:
formed (herein referred to as the "Redeveloper") has
That said banner will hang on Niagara Street and
been duly designated as qualified and eligible
Maryland Street from May 9, 2005 through June 19,
Redeveloper in accordance with the rules and
2005; and
procedures prescribed by the City of Buffalo Urban
Be It Finally Resolved: That this resolution be sent to the Department of Public
That said banner meets all the requirements of Works.
pertinent City Departments PASSED
.
and that no existing laws are AYES - 9 NOES - 0
violated.
PASSED NO. 127
AYES - 9 NOES - 0 SPONSOR: HON. MR. FRANCZYK
URBAN HOMESTEAD URBAN RENEWAL PLAN
NO. 125 AMENDMENT
SPONSOR: MR. FONTANA
BUFFALO CREATIVITY AND CIVIC SOLUTIONS Whereas: The Common Council has passed a
COMMISSION resolution requesting that the Urban Homestead Urban
Current research indicates that New York State's Renewal Plan be amended to include the Urban
population patterns continue to trail the nation; and Homestead Amendment; and
Whereas: In New York City, gains in business, social Whereas: The Urban Homestead Project Area is
and hospitality services are driving the city's recovery; completely encompassed within the designated parcels
and eligible for "Homesteading" purposes in Urban Renewal
Whereas: Syracuse has become one of the stronger Plans and Comprehensive Code Enforcement
leaders in population growth reflecting job gains in areas(CCE)and
professional/business services and educational/health Whereas: the primary goal of the amendment is to be
services; and consistent with the City of Buffalo's ten year plan and to
Whereas While other New York metropolitan areas reflect current activities and programs established to
have returned to positive growth, the Buffalo Niagara promote new housing construction activity,
Falls area is 6.5 percent smaller in its population in rehabilitation of existing housing stock, comprehensive
2002 than it was in 1980 according to census statistics; code enforcement programs and demolition of
and dilapidated housing; and
Whereas The Buffalo Creativity and Civic Solutions Whereas: the amendment will allow for greater
Commission was established to provide the city participation by Individuals and designated housing
government and various community organizations with development organizations to acquire and improve
assistance, expertise and education in the facilitation of vacant and abandoned properties located
creative problem solving techniques. in the designated areas; and
Now, Therefore, Be It Resolved That: Whereas: a public hearing on the matter was held upon due
The Common Council of the City of Buffalo requests notice before the City Planning Board in Room 901
that the Buffalo Creativity and Civic Solutions City Hall on April 12, 2005 at 8:00am at which the
Commission act as a catalyst to investigate the current proposed amendment was presented and explained
population trend in the Buffalo Niagara Falls in detail, and those desiring to be heard were heard,
metropolitan area and to provide facilitation of a and
solution to the problem of population loss. Whereas: a public hearing on the matter is to be held
Be It Further Resolved That: upon due notice before the Common Council of the City
Upon completion of the investigation and possible of Buffalo in Room 1308 City Hall on May 17, 2005, at
solutions, the Buffalo Creativity and Civic Solutions 2:00pm at which hearing the proposed Amendment was
Commission report to this Honorable Body the results to be presented and explained in detail and those
of their findings. desiring to be heard were heard;
ADOPTED Now Therefore Be It Resolved That:
We the duly appointed members of the City Planning
NO. 126 Board of and for the City of Buffalo, do hereby report to
BY: MR. FONTANA the Common Council and certify our unqualified
KEEP TRAFFIC SIGNAL AT THE INTERSECTION OF approval of the Urban Homestead amendment as
WOOD AVENUE & WALDEN AVENUE defined in Subdivision 3 of Section 502, Article 15 of
Whereas: The City of Buffalo, in an effort to reduce the New York State Municipal Law pursuant to
waste, has undertaken a study to identify and remove Section 504, Article 15 of the New York State General
uneeded traffic signals; and Municipal Law; and
Whereas: The traffic signal at the intersection of Wood Be It Further Resolved:
Avenue & Walden Avenue was identified by the study That the Director of the Office of Strategic Planning is
for removal; and directed and has authorized the amendment to the
Whereas: This intersection is frequently used by Urban Homestead Urban Renewal plan for the long-
children traveling to and from the playground on Wood term, comprehensive redevelopment of the designated
Avenue; mad parcels within approved areas;
Whereas: The traffic signal was installed in that REFERRED TO THE COMMITTEE ON COMMUNITY
location after a young girl was struck mad killed while DEVELOPMENT
crossing the street; and
Whereas: Removing the traffic signal in light of the NO. 128
close proximity of the playground and the fatal accident BY: COUNCILMEMBER DAVID FRANCZYK
that occurred at that intersection would not be prudent; RE: SET PUBLIC HEARING - URBAN RENEWAL
Now, Therefore, Be It Resolved: AMENDMENT
That the Common Council of the City of Buffalo does URBAN HOMESTEAD URBAN RENEWAL PLAN
hereby rescind approval to remove the traffic signal Whereas, the Buffalo Urban Renewal Homestead
from the intersection of Walden Ave. and Wood Ave.; Program was approved by the City of Buffalo Common
mad Council, Item # 245, C.C.P. 9/17/74 (30-year plan); and
Now, Therefore, Be It Finally Resolved: Whereas, the Office of Strategic Planning has
determined that an amendment to the originally Whereas On May 13, 2003, the Common Council
approved Plan is necessary to promote new housing passed a resolution, CCP #108, which rescinded the
construction activity, rehabilitation of existing housing payment of a stipend and health insurance for the
stock, comprehensive code enforcement programs and board members of the BMHA;
the demolition of dilapidated housing; and Now, Therefore, Be It Resolved:
Whereas, the City Planning Board, after the required That the City of Buffalo, based on the approved
public hearing held on April 12, 2005, has given it's resolution #108, of May 13, 2003, not pay the BMHA
qualified approval of the Amendment to the Urban Board members salaries, health insurance or travel
Renewal Plan; and expenses; and
Whereas, the Housing Act of 1949, as amended, and
Article 15 of the General Municipal Law requires that Now, Therefore, Be It Further Resolved:
the Urban Renewal Plan Amendment be approved only
after a public hearing on due notice; and That this Honorable Body does hereby request the
Now, therefore, be it resolved; that the City Clerk is Comptrollers Office, Corporation
hereby directed to publish the notice attached hereto Counsel, and the BMHA report any payments made to
and marked "Notice of Hearing" in the Buffalo News the BMHA since the passage of this resolution be filed
t"
with the City Clerk's Office no later than 2pm, on
and the City Record, no later than the 5day of May,
Thursday, May 12, 2005; and
2005 and that this Common Council will conduct a
Now, Therefore, Be It Finally Resolved:
public hearing on the matter stated at 2:00 pm in the
That this resolution be sent to the appropriate Council
Council Chambers on May 17, 2005.
Committee for further consideration.
ADOPTED
REFERRED TO THE COMMITTEE ON BUDGET, THE
COMPTROLLER, THE CORPORATION COUNSEL
NO. 129
AND THE BUFFALO MUNICIPAL HOUSING
BY: MR. FRANCZYK
AUTHORITY
RE: EMERGENCY DEMOLITION OF 768
BROADWAY
NO. 131
WHEREAS: The former church at 768 Broadway at Fox
BY:MS. RUSSELL
Street has been determined by Housing Court Judge
BUDGET AND PERSONNEL AMENDMENT
Henry J. Nowak Jr., and the city Inspections
31 - DEPARTMENT OF PUBLIC WORKS, PARKS &
Department as a seriously compromised structure in
STREETS
imminent danger of coliapse; and,
1213- BRIDGES
WHEREAS: Public safety is jeopardized by this
52 - DEPARTMENT OF PUBLIC WORKS, PARKS &
building, which has a bowed roof, loosened bricks and
STREETS
other structural problems; and,
1303 - ANIMAL SHELTER
WHEREAS: Judge Nowak has ordered the City of
The Common Council of the City Of Buffalo does ordain
Buffalo to accept title to 768
as follows:
Broadway to ensure immediate demolition of the
That part of Section 1 of Chapter 35 of the Code of the
structure with city bond funds; and,
City of Buffalo, relating to 31 - Department of Public
WHEREAS: The City of Buffalo has fifteen days to
Works, Parks and Streets, 1213-Bridges and 31 -
object to or accept the Judge's order, which was
Department of Public Works, Parks and Streets, 1303 -
determined by an all-day demolition hearing on the
Animal Shelter which currently reads:
structure; and,
13112001 - 411001 Salary $456,383
WHEREAS: The structure is empty and the
13113001 - 411001 Salary $415,461
congregation has no funds to demolish the church; and,
52 - DEPARTMENT OF PUBLIC WORKS, PARKS &
WHEREAS: If the city takes title to the property and
STREETS
incurs the estimated $200,000 cost of demolition and
1303 - ANIMAL SHELTER
related costs, the city has the power to seek a court
2 Exterminator $26,458-$29,604
ordered foreclosure of adjacent property owned by the
Is Hereby amended to read:
church for compensation;
13112001 - 411001 Salary $437,546
THEREFORE BE IT RESOLVED:
13113001 - 411001 Salary $434,298
In order to protect life and property, the Common
52 - DEPARTMENT OF PUBLIC WORKS, PARKS &
Council authorizes the Corporation Council, the
STREETS
Executive Director of Strategic Planning and the
1303 - ANIMAL SHELTER $ 26,458 - $ 29,604
Director of Real Estate to take the steps necessary to
3 Exterminator $ 26,458 - $ 29,604
convey title of 768 Broadway to the City of Buffalo so
31 - DEPARTMENT OF PUBLIC WORKS, PARKS &
that it may be speedily demolished.
STREETS
PASSED
1213- BRIDGES
AYES - 9 NOES - 0
4 Bridge Operating Engineer
5 $ 27,639- $ 31,170
NO. 130
IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of
BY: MR. GOLOMBEK
the Charter, that the immediate passage of the
CO-SPONSOR(S): MESSRS. MRS RUSSELL
foregoing ordinance is necessary.
STIPEND TO BMHA BOARD MEMBERS
JOSEPH N. GIAMBRA, COMMISSIONER OF PUBLIC
Whereas: The City of Buffalo has provided fiscal
WORKS, STREETS AND PARKS AND MICHAEL A.
support to the BMHA for many years; and
SEAMAN, DIRECTOR OF BUDGET, hereby certify that
Whereas In 1985 the Common Council passed an item
the above change is necessary for the proper conduct,
(CCP 65, 2/19/85), in which the City of Buffalo agreed
administration and performance of essential services of
to pay a yearly salary of $2,000 to members of tbe
that department. We recommend that the compensation
BMHA Board and $2,500 to the Chairman of the BMHA
for said position be fixed at the respective amount set
Board, along with health benefits; and
forth in the foregoing ordinance. percentage rate of participation of recycling for the
APPROVED AS TO FORM whole city, then City Hall must lead by example; and
Corporation Counsel Attachments 4/15/05 Whereas It is not known what each office and
PASSED department housed in City Hall is currently recycling,
AYES - 9 NOES - 0 how the recycling is done, who is coordinating the
recycling, and what the percentage of participation is in
NO. 132 order to establish a baseline to implement a more
BY: MS. RUSSELL extended program to reach the state goal of 40%.
BUDGET AND PERSONNEL AMENDMENT Now, Therefore, Be It Resolved That:
02 - CITY CLERK 1020 - CITY. CLERK The following department heads are hereby directed to
The Common Council of the City Of Buffalo does ordain report to this Council the intent recycling practices
as follows: conducted in their respective departments and to
That part of Section 1 of Chapter 35 of the Code of the include in detail how the recycling is done, who is
City of Buffalo, relating to 02 - City Clerk, 1020 -City coordinating the recycling, and what is the percentage
Clerk which currently reads: of participation in order to establish a baseline to
1 Council & Committee Reporter $ 41,465 implement a more extended program to reach the state
1 Clerk $ 25,162 - $ 27,847 goal of 40%: Mayor, Common Council, Administration &
Is Hereby amended to read: Finance, Assessment & Taxation, Audit & Control, City
3 Assistant Legislative Aide $22,063 Clerk, Community Services, Council Staff, Disaster
IT IS HEREBY CERT/FIED, pursuant to Section 3-19 of Preparedness, Human Resources, Law, Management
the Charter, that the immediate passage of the Information Systems, Citizen Services, Permit &
foregoing ordinance is necessary. Inspection Services, Public Works, Parks & Streets,
GERALD CHWALINSKI, CITY CLERK AND MICHAEL Strategic Planning and the Buffalo Board of Education;
A. SEAMAN, DIRECTOR OF BUDGET, hereby certify and
that the above change is necessary for the proper Be It Further Resolved That:
conduct, administration and performance of essential BFI Waste Systems of North America Inc. is hereby
services of that department. We recommend that the directed to inform this Council of its current practices of
compensation for said position be fixed at the the hauling of the recyclable materials from City Haul
respective amount set forth in the foregoing ordinance. and the current tonnage and participation rate.
STNDRD
APPROVED AS TO FORM ADOPT 1 AND 2 RESOLVE THE 3 REFERERED
Corporation Counsel Attachments 4/26/05 TO THE COMMITTEE ON LEGISLATION
DETAILED JUSTIFICATION:
The Office of the City Clerk is hereby requesting this NO. 134
Hiring Freeze Waiver Request by submitting the SPONSOR MRS. RUSSELL
following justification: CO SPONSOR MR. DAVIS, MR. THOMPSON
The Office of the City Clerk currently has the following UTILIZING A PRE-DETERMINED INSPECTION
city positions budgeted for the 2004-05 Fiscal Year, VIOLATION FORM
one- (1) Council & Committee Reporter at an annual Whereas Attached to this resolution is a copy of the
salary of $41,465.00 and one- (1) Clerk at an annual Notice of Violation utilized by the City of Buffalo
salary of $26,499. The total annual 2004-05 Fiscal Year Department of Permit & Inspection Services and a copy
budgeted salaries for these two- (2) positions is of the Notice of Violation utilized by the Erie County
$67,964. Department of Health for the property located at
By granting this waiver request, the total annual 77Johnson Park; and
salaries for the three- (3) Assistant Legislative Aide Whereas It is shocking to see what violations were cited
positions will be $66,189 for a net annual budgeted by the Erie County Health Department and what items
savings of $1,775. Additionally, the positions of were overlooked by the Department of Permit &
Assistant Legislative Aide will enable the City Clerk's Inspection Services for the same property inspected
Office to reduce the high rate of compensatory time during the same week; and
currently being dispensed to personnel within the office. Whereas The Erie County Health Department utilizes a
PASSED pre-determined inspection form which lists items to be
AYES - 9 NOES - 0 addressed during an inspection; and
Whereas The City of Buffalo Department of Permit &
NO. 133 Inspection Services utilizes an open-ended fill in the
SPONSOR: MRS. RUSSELL blank violation form; and
RECYCLING RATES IN CITY HALL Whereas It appears as though the City Building
Whereas In 2001, in the United States, 55.7% of all Inspector may have listed the wrong registration fee for
municipal solid waste was disposed of in landfills while 77 Johnson Park which is being used as a rooming
only 22.4% of the waste is recovered and recycled, and house; and
of the recycled materials, 35.7% consisted of Whereas Utilizing a pre-determined form may assist
paper/paperboard and 26.1% consisted of commingled building inspectors in viewing properties, determining
materials (plastic, metal, and glass); and violations, and in indicating the correct registration fee;
W Whereas New York State has set a goal to recycle 40% and
of its solid waste and the City of Buffalo currently Now Therefore Be It Resolved
recycles only 6.6% of its solid waste; and That the Buffalo Common Council supports the creation
Whereas If the City of Buffalo were to meet the state of a pre-determined inspection form, to be utilized by
goal of 40%, the City of Buffalo would save City Building Inspectors.
$3,016,379 at the current rate paid per ton by its Be It Further Resolved
recycling contractor; and That this item is referred to an appropriate Committee
Whereas City Hall should stand as a leader in the City's of the Council for further
recycling efforts and if the City wants to increase the consideration.
REFERRED TO THE COMMITTEE ON LEGISLATION, operated Thomas T. Edwards Funeral Home,
THE COMMISSIONER OF PERMITS AND successful African-African business for over 34 years;
INSPECTIONS AND THE CORPORATION COUNSEL and
WHEREAS: Of all the beautiful things in life, one of the
NO. 135 most beautiful is character; Thomas T. Edwards
BY: ANTOINE M. THOMPSON possessed a strong and beautiful character; and
RE: REQUEST FOR DMV SATELLITE OFFICE IN WHEREAS: Mr. Edwards was a tireless and unselfish
CITY HALL laborer among us. The deeds that he has performed,
Whereas: With the closing of three of four and the lessons that he taught exemplified the depth of
Department of Motor Vehicle Offices in Erie County, his character and true deserve to help others; and
residents are now faced with extended wait times and WHEREAS: Extending his friendship and kindly smile to
long lines; and all those who came in his presence, Mr. Edwards was a
Whereas: Currently all Department of Motor Vehicles role model to youth and admirers and aspiring
(DMV) offices and mobile registration units are located entrepreneurs; and
outside of the City of Buffalo; and WHEREAS: Mr. Edwards was a faithful and devoted
Whereas: Several solutions have been proposed to member of Lincoln Memorial since 1958 where he
resolve this matter; and served on several boards and committees, including the
Whereas: Of those solutions offered, the Finance Committee and the Board of Trustees; and
establishment of a satellite office in City Hall is most WHEREAS: He was also affiliated with St. John's
promising; and Lodge #16 F&M PH (past Master); a member of the US
Whereas: A satellite office in City Hall is a natural fit for Chamber of Commerce, Buffalo Urban League, Life
this service because of its proximity to public member of the NAACP, National Funeral Directors and
transportation and to other services offered (Birth & a yearly sponsor of the Black Achievers Awards and a
Death Records and Parking Enforcement); and member of the Erie-Niagara Directors Association and
Whereas: The Buffalo Common Council requests NYS Funeral Directors Association; and
that the City of Buffalo's Department of Public Works, WHEREAS: In recognition of his contributions to the
the Erie County Legislature, the Erie County Clerk's City of Buffalo in partnership with the family, friends,
Office, the Department of Motor Vehicles explore the and staff at Thomas T. Edwards Funeral Home have
possibility of opening a DMV satellite office in City Hall; requested that the section of Woodlawn Avenue (from
Now Therefore Be It Resolved: That this honorable Jefferson Avenue to Main Street) be named in honor of
body does hereby request assistance from the Erie The late Thomas T. Edwards Funeral Home; and
County Executive, the Erie County Clerk's Office, the WHEREAS: The staff of Thomas T. Edwards Funeral
Erie County Legislature in establishing a satellite office Home has agreed to cover all installation and purchase
in City Hall of Buffalo; and fees for the placement of signs at 995 Genesee Street
Be It Finally Resolved: That the Buffalo Common (corner of Genesee Street and Strauss Street);
Council Legislative Committee begin the process of NOW THEREFORE BE IT RESOLVED: That the
examining this request within the next 30 days. Buffalo Common Council does hereby officially
STNDRD
ADOPT 1 AND 2 RESOLVE THE 3 RESOLVE acknowledge the accomplishments and contributions
REFERRED TO THE COMMITTEE ON LEGISLATION that Mr. Thomas T. Edwards has made to his family,
community, profession, the City of Buffalo and Western
NO. 136 New York region; and
BY: MR. THOMPSON Be It Finally Resolved: That this honorable body does
JUNIOR BASEBALL LEAGUE PARADE hereby grant permission to rename 995 Genesee Street
Whereas On May 21, 2005, the Junior Baseball (corner of Genesee Street and Strauss Street) in honor
League, with assistance from MAD/DADS, the African of Thomas T. Edwards Funeral Home; and
Cultural Center, and the Masten District Council Office, REFERRED TO THE COMMITTEE ON LEGISLATION
will host a parade on Jefferson Avenue from East Ferry AND THE COMMISSIONER OF PUBLIC WORKS
Street to Best Street; and
Whereas The Junior Baseball League is requesting that NO. 138
Jefferson Avenue from East Ferry to Best Street is BY:
blocked off from 12pm until 1 pm; and
Now Therefore Be It Resolved: BY MR. THOMPSON AND MR DAVIS
That the Buffalo Common Council supports this event REQUEST FOR NO TOLERANCE/NO PLEA ZONE
and does hereby grant the Junior Baseball League ON EAST DELAVAN AVENUE, EAST FERRY
permission to block Jefferson Avenue (between East STREET, JEFFERSON AVENUE, AND FILLMORE
Ferry Street and Best Street) on May 21, 2005 from AVENUE; AND
12pm to 1pm for a parade Whereas: The City of Buffalo, through its Office of
PASSED Strategic Planning, the Buffalo Economic Renaissance
AYES - 9 NOES - 0 Corporation, and Buffalo Common Council's Masten
District has identified commercial development on the
NO. 137 following corridors as a top priority: East Delavan
BY: MR. THOMPSON, MR. FRANCYZK Avenue, East Ferry Street, Jefferson Avenue, and
RE: TRAILBLAZER REQUEST FOR THOMAS T. Fillmore Avenue; and
EDWARDS FUNERAL HOME Whereas: Drug and other illegal activity, however,
WHEREAS: The friends, family, and the staff of now impede efforts to redevelop these areas; and
Thomas T. Edwards Funeral Home have requested that Whereas: The creation of a No Tolerance/No Plea
995 Genesee Street, comer of Strauss and Genesee, is zone, which would prevent persons arrested for drug
renamed "Thomas T. Edwards Boulevard" in honor of and gun related crimes on the above streets from
the late Thomas T. Edwards; and pleading to less charges, will likely reduce crime and
WHEREAS" Mr. Thomas T. Edwards owned and restore order in these areas; and
Whereas: The Buffalo Common Council supports this Be It Finally Resolved That:
effort and calls on Buffalo City Court, the Buffalo Police The City Clerk forwarded a certified copy of this
Department, the Federal Bureau of Investigation, the resolution to Ray McGurn, Commissioner, Department
United State Attorney General's Office, and the Erie of Permits and Inspections.
County District Attorney's Office to help implement the ADOPTED
No Plea/No Tolerance Zones;
Now Therefore Be It Resolved: That the Buffalo NO. 140
Common Counsel supports the creation of a no BY MR. THOMPSON
tolerance/No Plea zone target area for each council REQUEST FOR ADDITIONAL POLICE DRUG AND
district as determined by the district Council Member GUN SNIFFING DOGS IN THE CITY OF BUFFALO
and will work with the City Court, the Buffalo Police Whereas: Drug and gun sniffing dogs play a major
Department, the Federal Bureau of Investigation, the role in the arrest and conviction of persons involved
United State Attorney General's Office, and the Erie with drug and criminal activity; and
County District Attorney s Office to complete the Whereas: In addressing drag, gang, and criminal
request activity, other cities have utilized drug and gun sniffing
Be It Resolved: That Buffalo City Court, the Buffalo dogs to find drugs and to identify persons who have
Police Department, the Federal Bureau of Investigation, guns on their person; and
the United State Attorney General's Office, and the Erie Whereas: The Buffalo Police Department could
County District Attorney's Office file a written response potentially utilize some Homeland Security funds or
with the City Clerk's office concerning this request other policing grant funds to purchase and train
within the next 21 business days. additional drug and gun sniffing dogs; and
ADOPTED Whereas: The Buffalo Common Council will work with
AYES – BONIFACIO, CONRAD, COPPOLA, DAVIS, the Buffalo Police Department and others to execute
FONTANA, FRANCZYK, RUSSELL, THOMPSON - 8 this request;
NOES – GOLOMBEK – 1 Now Therefore Be It Resolved: That this honorable
body does hereby requests that the Buffalo Police
NO. 139 Department organize a meeting to discuss the
BY: MR. THOMPSON feasibility of this request in greater length; and
REQUEST QUARTERLY REPORT ON THE Be It Further Resolved: That The Buffalo Common
COLLECTION OF RENTAL Council also requests that the Buffalo Police
REGISTRY FEES, HOUSING INSPECTIONS Department file a response with the City Clerk within
COMPLETED AND THE two weeks.
NUMBER OF VIOLATIONS ISSUED BY THE REFERRED TO THE COMMITTEE ON LEGISLATION
INSPECTIONS AND THE COMMISSIONER OF POLICE
DEPARTMENT
Whereas: The Common Council adopted Chapter 264 - NO. 141
Licensing of Rental Housing in July, 2004 and BY MR. THOMPSON
the law went into effect January 1, 2005; and REQUEST TO CHANGE PARKING REGULATION
Whereas In compliance with the Ordinance, the City of AT 1616 JEFFERSON AVENUE (JEFFERSON
Buffalo Department of Inspections and Licensing sent AVENUE AND EAST DELAVAN AVENUE)
out notices to all City of Buffalo property owners, with Whereas: Owners of the Jefferson Food Market located
provisions for the property owners to register and pay at 1616 Jefferson Avenue (Jefferson Avenue and East
their fees, if any, with the Inspections Department; and Delavan Avenue) have requested that a "10 Minute
Whereas To date, no report has been forthcoming from Parking" regulation replace the current "No Parking"
the Department of Permits and Inspections on how regulation at this location; and
many property owners have complied with the Whereas: Because this property is in close proximity to
ordinance nor, if any revenue has been received by the Canisius College and historic Hamlin Park parking
Department; and space is limited, thereby there is often limited parking
Whereas With the new Ordinance - Chapter 264 in available to consumers wishing to shop at the Jefferson
effect, now is the time for City Inspectors to do a city-Food Market; and
wide comprehensive inspection, and to issue warrants Whereas: This lack of adequate parking hinders
on any and all violations on all properties, both rental patrons ability to shop at this hub; and
and non-rental, that is not in compliance with any City Whereas: Section 49 of Chapter 479 of the Ordinances
of Buffalo ordinance; and of the City of Buffalo provides that the City
Whereas: It is the desire of this Common Council that Engineer shall have the power to supplement, amend,
all property owners in the City of Buffalo be or repeal existing provisions of Chapter 479; and
treated equally and fairly; Whereas: Changing the existing parking regulation from
Now, Therefore, Be It Resolved That: "No Parking" to "10 Minute" Parking between the hours
The Common Council hereby requests the of 7am-9pm from Monday through Saturday at 1616
Commissioner of the Department of Permits and Jefferson Avenue (East Delavan Avenue and Jefferson
Inspections prepare a report for the Council quarterly, Avenue) would sufficiently address both the business
that would report on the rental registry fees collected, owners and patrons' concerns.
the number of inspections that have been completed, Now Be It Therefore Resolved:
and the number of violations that have been issued and That the Common Council of the City of Buffalo does
resolved by Inspectors; and hereby request that the Division of Traffic Engineering
Be It Further Resolved That: amend the parking regulation at 1616 Jefferson Avenue
The Commissioner of Permits and Inspections is (East Delavan Avenue and Jefferson Avenue) from "No
requested to forward a report to the Common Council Parking" to "10 Minute Parking" between the hours of
within thirty (30) days of the passage of this resolution; 7am-9pm from Monday through Saturday.
and REFERRED TO THE COMMITTEE ON LEGISLATION
AND THE COMMISSIONER OF PUBLIC WORKS following revisions to the Zoning Board of Appeals
Process:
NO. 142 * Appeal application should be taken in Room
BY MR. THOMPSON 901
REQUEST FOR A WAIVER OF THE PLUMBING • Zoning Board of Appeal agendas should be
FEES FOR THE NORTH JEFFERSON LIBRARY posted on the City's website.
Whereas: The North Jefferson Library is currently • Zoning Board of Appeals fees should be
under construction; and reviewed and brought into line with surrounding
Whereas: The North Jefferson Library is a public municipalities.
facility which will service library patrons on Buffalo East • As per New York State law, the cost of public
Side and the Western New York area; and notice publication should be charged to the applicant;
Whereas: The Department of Public Works and The and
Department of Permit & Inspections have indicated that Whereas: The Buffalo Common Council is in full
there are plumbing fees associated with the support of these suggestions and will work with the
construction of the North Jefferson Library; and Office of Strategic Planning to carry them out;
Whereas: The Masten District Council Office Now Therefore Be It Resolved That:
requests that the Buffalo Common Council waive all This honorable body does hereby request that the
plumbing fees associated with the North Jefferson Buffalo Niagara Partnership's Government Structures
Library as this building is a public facility which will and Operations Committee.
benefit the residents of Buffalo and Erie County; and Be It Finally Resolved That:
Whereas: This honorable body has the authority to A working group, comprised of members of the Buffalo
grant such a request and has done so in similar cases; Common Council, the Government Structures and
Now Therefore Be It Resolved: That The Buffalo Operations Committee (GSO) of the Buffalo Niagara
Common Council does hereby grant a waiver of all Partnership, the Office of Strategic Planning, and the
plumbing fees associated with the construction of the Zoning Board of Appeals meet and report its finding
North Jefferson Library; and back to the full Council within 45 days.
STND
Be It Further Resolved: That certified copies of this ADOPT FINANL RESOLVE 1 AND 2 REFERRED
resolution are forwarded to the Department of Public TO THE COMMITTEE ON LEGISLATION
Works and The Department of Permit & Inspections.
REFERRED TO THE COMMITTEE ON FINANCE NO. 145
BY: ANTOINE M. THOMPSON
NO. 143 APPOINTMENTS COMMISSIONER OF DEEDS
BY: MR. THOMPSON That the following persons are hereby appointed as
REQUEST TO PLACE CAMERAS IN POLICE Commissioner of Deeds for the term ending December
VEHICLES 31, 2006, conditional, upon the person so appointed
Whereas: The Common Council of Buffalo and the certifying under oath to their qualifications and filing
Buffalo Police Department must work closely to ensure same with the City Clerk:
that those arrested are treated with fairness and dignity Mark Pasternak
on the way to the police station; and Jane Jarzyniecki
Whereas: The Buffalo Police Department could E. Jeannette Ogden
potentially utilize some City Tax Funds, Homeland Janice Tigg
Security funds, or other policing grant funds to Karen Kubanek
purchase and place the cameras in police vehicles; and Total: 5
Whereas: The Buffalo Common Council will work with ADOPTED
the Buffalo Police Department and others to execute
this request; and NO. 146
Now Be It Therefore Resolved: That This honorable BY: ANTOINE M. THOMPSON
body does hereby requests that the Buffalo Police APPOINTMENTS
Department organize a meeting with the Buffalo COMMISSIONERS OF DEEDS
Common Council to discuss the placement of REQUIRED FOR THE PROPER
surveillance cameras in police vehicles and to find ways PERFORMANCE OF PUBLIC DUTIES
to cover the costs of purchasing and placing the That the following persons are hereby appointed as
cameras; and Commissioner of Deeds for The term ending December
Be It Further Resolved: That The Buffalo Common 31, 2006, conditional upon the persons so appointed
Council also requests that the Buffalo Police certifying under oath to their qualifications and filing
Department file a response with the Common Council in same with the City of Buffalo
30 days; and Rashied McDuffie
Be It Finally Resolved: That this item be sent to the TOTAL 1
Finance Committee for their consideration. ADOPTED
STNDRD
ADOPT 1, 2 AND 3 RESOLVE THE
REMAINDER REFERRED TO THE NO. 147
COMMITTEE ON FINANCE ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are
th
NO. 144
held in the Common Council Chambers, 13floor City
BY: MR. THOMPSON
Hall, Buffalo, New York, unless otherwise noted•
ZONING BOARD OF APPEALS PROCESS
Regular Committees
Whereas: On April 19, 2005, the Government
Committee on Civil Service Tuesday, May 10, 2004 at
Structures and Operations Committee (GSO) of the
9:30 o'clock A.M.
Buffalo Niagara Partnership forwarded a letter to
Committee on Finance Tuesday, May 10, 2004 at 10:00
Executive Director Timothy Wanamaker suggesting the
o'clock A.M .following Civil Service
1. Appointment South District
Committee on Comm. Dev. Tuesday, May 10, 2004 at
1:00 o'clock P.M.
Councilmember
Committee on Legislation Tuesday, May. 10, 2004 at
We request that this Special meeting be held
2:00 o'clock P.M.
Special Committees
on Friday, April 8, 2005 at 1:00 pm
(Public Disclaimer): All meetings are subject to change
Dominic Bonifacio
and cancellation by the respective Chairmen of Council
Joseph Golombek
Committees. In the event that there is sufficient
time given for notification, it will be provided. In addition,
Richard Fontana
there may be meetings set up whereby the City Clerk's
David Franczyk
Office is not made aware; therefore, unless we receive
Marc Coppola
notice from the respective Chairmen, we can only make
notification of what we are made aware.
Pursuant to Rule 2 of the Rules of Order of
the Common Council of the City of Buffalo,
NO. 148
ADJOURNMENT
each of the following named members of the
On a motion by Mr. Coppola, Seconded by Mrs.
Common Council, to wit:
Russell, the Council adjourned at 3:40 pm
DOMINIC BONIFACIO
GERALD CHWALINSKI
CITY CLERK BRIAN DAVIS
JOSEPH GOLOMBEK
NO. 1
ANTOINE THOMPSON
CALL FOR SPECIAL SESSION
MARC COPPOLA
RICHARD FONTANA
Mr. Gerald A. Chwalinski
BONNIE E. RUSSELL
City Clerk
hereby states that he/she received twenty-
I308 City Hall
four (24) hours' notice of the time and
Buffalo, New York
purpose of the Special Meeting of the
Dear Mr. Chwalinski:
Common Council duly called to be held on
Pursuant to Section 3.9 of the Charter of the City
Friday april 8, 2005 at 1:00 pm
of Buffalo, upon the written request of Five
Dominic Bonifacio
Councilmembers, dated 2005 presented to you
Joseph Golombek
herewith, I hereby call a Special Meeting of the
Richard Fontana
Common Council, to be held in the Council
Chambers, City Hall, Buffalo, New York, on David Franczyk
April 8, 2005 At 1:00 PM for the following
Marc coppola
purposes:
Brian Davis
To receive and take appropriate action on :
Bonnie Russell
All Items Relating To
Antoine Thompson
1. Appointlnent South District
STATE OF NEW YORK
Couucilmenaber
COUNTY OF ERIE) ss:
Yours very truly,
CITY OF BUFFALO)
David A. Franczyk
On this 5th day of April 2005, the
President of the Council
subscribers,
Hon. David A. Franczyk personally appeared before me
President Common Council Christine A. Lehner
1315 City Hall Commissioner of Deeds in and for
Buffalo, New York The City of Buffalo, NY
My Commission expires 12/31/2006
Dear Sir
WE, the undersigned, members of the To me known to be the same persons
Common Council, hereby request that you described in and who executed the foregoing
call a Special Meeting of the Common instrument, and they duly and severally
Council, pursuant to Section 3.9 of the acknowledged to me that they executed the
Charter of the City of Buffalo, for the same.
following purpose:
To receive and take appropriate action on
April 5, ,2005
TO EACH MEMBER OF THE COMMON
All items pertaining to
COUNCIL:
Mrs. Russell, the Council adjourned at 1:45
YOU ARE HEREBY NOTIFIED that,
PM
pursuant to Section 3.9 of the Charter of the City of
GERALD CHWALINSKI
CITY CLERK
Buffalo, upon the written request of Five
dated April 5, 2005,
Councilmemhers, DAVID A.
BOARD OF POLICE AND FIRE
FRANCZYK, President of the Common Council, has
PENSION PAYROLL MARCH 24, 2005
called a Special Meeting of the Common Council, to
be held in the Council Chambers, City Hall, Buffalo,
NewYork, on April 8, ,2005 at 1:00 P.M. for the
Board of Police and Fire Pension Proceedings #3
following purpose:
Office of the Mayor-201 City Hall March 24, 2005
Present:; Anthony M. Masiello, Mayor; David A.
To receive and take appropriate action on all items
Franzyk, Council President-Frank Belliottl,
relating to
Deputy Comptroller, Michael Risman,
Corporation Counsel-4 The Journal of the last
1. Appoint South District Councilmember
meeting was approved.
No, 1
Gerald A. Chwalinski City Clerk
I transmit herewith the Pension Payroll for the
Fire Pension Fund for the month of March 2005
NO. 2
amounting to $,$6,083.58. and request that
BY: MR. COPPOLA
checks be drawn to the order of the persons
APPOINTMENT OF SOUTH DISTRICT
namedherein for the amounts stated.
COUNCFIMEMBER
Adopted
Ayes-4. Noes-0.
WHEREAS: Section 25 of the Charter of the City of
No. 2
Buffalo authorizes the Common Council to fill a vacancy
in the office of District Councilmember by appointment
I transmit herewith the Pension Payroll for the
of a qualified resident of the same political party and
Police Pension Fund for the month of March
district as the district Councilmember whose place is
2005 amounting to $5,956.92, and request that
vacant; and
checks be drawn to the order of the persons
WHEREAS: A vacancy exists in the office
named herein for the amounts stated.
of South District Councilmember: and
Adopted.
WHEREAS: Jeff Conrad, an enrolled
Ayes-4. Noes-0.
No. 3
Democrat residing in the South District of
On motion by Mr.Franczyk , the City of Buffalo
the City of Buffalo, satisfies all of the
Police and Fire Pension Board Meeting
Charter requirements; and
adjourned at 11:10 a.m.
NOW THEREFORE BE IT RESOLVED:
That Jeff Conrad, be, and hereby is
appointed to fill the vacancy in the office of
Councilmember of the South District of the
City of Buffalo, pursuant to Section 25 of
the Charter of the City of Buffalo effective
April 8 ~.005.
Mr. Coppola placed in nomination the name
of Jeff Conrad for the office of South
District Councilmember, seconded by Mr.
Franczyk
The Council now voted on the Nomination
of Jeff Conrad as Councilmember for the
South District.
Mr. Conrad having received the majority of
votes is hereby elected Councilmember of
the South District.
ADOPTED
NO. 3
ADJOURNMENT
On a motion by Mr. Coppola, Seconded by