HomeMy WebLinkAbout05-0419
No.8
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
APRIL 19, 2005
MAYOR
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
EDUCATION COMMITTEE
Antoine M. Thompson, Chairman, Richard A. Fontana, David
A. Franczyk, Bonnie E. Russell Members
RULES COMMITTEE: David A. Franczyk, Chairman
Marc A. Coppola, Bonnie E. Russell - Members
SPECIAL COMMITTEES
BUDGET COMMITTEE:Dominic J. Bonifacio, Jr.,
Chairman, Marc A. Coppola, Brian C. Davis, Joseph
Golombek, Jr. - Members
MINORITY BUSINESS ENTERPRISE COMMITTEE-
Antoine M. Thompson, Chairman Brian C. Davis
CORPORATION PROCEEDINGS
COMMON COUNCIL REVIEW
CITY HALL - BUFFALO RECEIVED AND FILED
TUESDAY, APRIL 19, 2005 FROM THE MAYOR - EXECUTIVE DEPARTMENT
AT 2:00 P.M. FROM THE DIVISION OF CITIZEN SERVICES
PRESENT – David A. Franczyk, President of the
NO. 3
Council, and and Council Members Bonifacio,
Monthly report from the Division of Citizen Services
Conrad, Coppola, Davis, Fontana, Golombek,
March 2005
Russel AND Thompson -9
Attached for your review is the following: (1)
chart of services calls for March 2005, (2) chart of
On a motion by Mr. Coppola seconded by
services call for March 2004 for comparative purposes,
Mr.Fontana, the minutes of the stated meeting held
(3) listings of "open" calls by category for February
on April 5, 2005 were approved.
2005.
FROM THE MAYOR
Service calls were up by 16% in March 2005, compared
to February 2005, 1,915 to 2,271. The following
NO. 1
categories had the most significant increases: broken
Re-Appointments of Members
totes (+91), 312 to 403; housing violations, (+84), 217
to the Examining Board of Electricians
to 301; and recycle, (+50), 79 to 129.’The housing
Pursuant to the powers vested in me in
violation increase is mainly seasonal, in that more
Part II, Chapter 165, Article I, Section 3 of the Code
housing related complaints are called in during the
of the City of Buffalo, I hereby reappoint the
Spring and Summer months than in Fall and Winter.
following, subject to approval by Your Honorable
The broken totes and recycle increases are being
Body.
closely monitored due to the increases and no
Reappointments for three year terms ending December
decipherable patterns to the calls.
3 l, 2007:
The attached Open Calls report for February 2005,
Jeffrey C. Donnelly 3 Doyle Avenue
shows notable improvements in addressing housing
Buffalo, NY 14207
violations, tote requests, broken totes and stolen totes.
Anthony P. Fanti 19 Hecla Street
As always, I will keep the Council informed on our
Buffalo, NY 14216
progress and in our efforts to increase our efficiency in
David J. Picrowicz 91 Radcliff Road
tracking and resolving service requests / complaints.
Buffalo, NY 14214
RECEIVED AND FILED
John Fecio 291 Downing
Buffalo, NY 14220
FROM THE CITY PLANNING BOARD
Michael J. McLaughlin 453 Richmond Ave
Buffalo, NY 14222
NO. 4
I hereby certify that the above named individuals are
O. Rauvenpoor
fully qualified to serve as members of the Examining
1009 Elmwood Ave.
Board of Electricians.
Sidewalk Cafe
REFERRED TO THE COMMITTEE ON LEGISLATION
Item No. 48, C.C.P. 4/5/2005
AND THE DIVISION OF COLLECTIONS
The City Planning Board at its regular
meeting held Tuesday, April 12, 2005, considered the
NO. 2
matter captioned above pursuant to Section 413-59 and
ALL HAZARDS MITIGATION PLAN
511-56 of the Buffalo Code, Sidewalk Cafe and
Attached hereto is the Executive Summary of
Elmwood Business District, respectively.
the City of Buffalo's All-Hazards Mitigation Plan that will
The applicant seeks place a 20'x8' sidewalk cafe
be submitted to New York State.
encroach the right-of-way at 1009 Elmwood Avenue.
As you may recall the City of Buffalo developed a
The Planning Board voted to approve the proposed
Comprehensive Emergency Management Plan (CEMP)
sidewalk cafe with the following conditions:
in March of 2003 making it eligible to apply for and
I. No outside music is allowed
receive grants under the Disaster Mitigation Act. After
2. No outside trash receptacles are allowed
completion of this plan, the State of New York in
3. Closing of the patio at ii P.M
conjunction with the Federal Government has
4. 4' of unobstructed vertical sidewalk clearance remain
determined that any future grant money related to
after the installation of the railing
mitigation projects must be identified in an All-Hazards
RECEIVED ANDS FILED
Mitigation Plan adopted by local resolution before any
monies could be awarded.
NO. 5
Roger Lander, Director of Homeland Security, has a
George Kallas
complete copy of Buffalo's All-
212 Pearl St.
Hazards Mitigation Plan and is available to discuss this
Accessory sandwich sign
plan with your Honorable Body.
Item No. 49, C.C.P. 4/5/2005
I am respectfully requesting that your Honorable Body
The City Planning Board at its regular
adopt the corresponding resolution that has been filed
meeting held Tuesday, April 12, 2005, considered the
by Councilmembers Richard Fontana and Jeffrey
matter captioned above pursuant to Section 387-19 of
Conrad.
the Buffalo Code, Application for billboard, ground or
COPY AVAILABLE IN CITY CLERKS OFFICE FOR
pole sign permits.
The applicant seeks to place a temporary 3'x5' non-the Corporation Counsel's Office prepare the necessary
illuminated sandwich sign that will encroach the right-of-documents and authorize the Mayor to execute the
way, during restaurant hours, at 212 Pearl Street. same.
Under SEQR the proposed sign is considered an Mr. Coppola moved:
unlisted action which may be studied through That the above communication from the Office of
uncoordinated review. Strategic Planning dated April 18, 2005, be received
The Planning Board voted to recommend approval of and filed; and
the temporary sign. That the Director of Real Estate be, and he hereby is
RECEIVED AND FILED authorized to amend the lease between the City and
the Grassroot Gardens of Buffalo to include the
NO. 6 property at 1179 Seneca Street. That the Corporation
J. O'Bannen Counsel be authorized to prepare the necessary
I00 Seneca St. amendment to the lease and that the Mayor be
Non-Accessory Advertising authorized to execute the same.
Item No. 61, C.C.P. 3/8/2005 PASSED
The City Planning Board at its regular AYES- 9 NOES – 0
meeting held Tuesday, April 12, 2005, considered the
matter captioned above pursuant to Section 387-18 and NO. 9
511-63 of the Buffalo Code, Illuminated signs and the Niagara Mohawk Easement Agreement for Use of
Sign Overlay District, respectively. 3010 & 3012 Main Street
The applicant seeks to replace an existing accessory, University District
sign that contains a public service announcement, with Item No. 135, C.C.P. 2/8/05
a 14.5'x26' non-accessory sign containing a LED In the above referenced item, Your
moveable text message sign at I00 Seneca Street. Honorable Body approved an easement for Niagara
Under SEQR the proposed non-accessory advertising Mohawk to provide power to a Verizon facility. The item
is considered an unlisted action which may be studied was approved with the condition "Niagara Mohawk,
through uncoordinated review. Verizon or other responsible party, other than the City
The Planning Board first voted to recommend denial of of Buffalo, at their expense be responsible for the cost
the proposed non-accessory advertising sign because of relocating the poles, lines to other electrical
the district does not allow such signage. equipment, to allow for the possible future
RECEIVED AND FILED redevelopment of 3010 and/or 3012 Main Street".
We have been advised that Niagara Mohawk is unable
FROM THE OFFICE OF STRATEGIC PLANNING to enter into such agreement. However, Verizon has
agreed to cover any future cost of relocating any poles,
NO. 7 lines and/or equipment. To insure this agreement
New York Main Street Program Verizon has provided the City of Buffalo with a
The purpose of the New York Main Street Performance Right of Way Bond, in the amount of
Program (NYMS) is to provide financial/technical Twenty Thousand Dollars ($20,000.00) as security for
resources to help New York Communities with their performance of any future costs.
main street/downtown revitalization efforts. The New I am recommending that Your Honorable Body rescind
York Main Street Program will provide grants to your prior approval and approve granting of the
stimulate reinvestment in mixed used (commercial and easement on the condition that Verizon provide the City
residential) "main street" buildings in order to address of Buffalo with a performance bond in the amount of
issues of code compliance, energy conservation, Twenty Thousand Dollars ($20,000.00) to cover any
accessibility and to provide affordable housing and job future cost of relocating poles, lines and/or equipment.
opportunities. Mr. Coppola moved:
All submissions to the State of New York require local That the above communication from the Office of
support in the form of a resolution from the City of Strategic Planning dated April 11, 2005, be received
Buffalo. and filed; and
Please accept the attached resolutions for your review That the Common Council rescind the prior approval as
and approval relative to the New York State Main Street contained in Item No. 135, C.C.P., 2/8/05 and approve
Program. granting of the easement on the condition that Verizon
RECEIVED AND FILED provide the City of Buffalo with a Performance Right of
Way Bond, in the amount of Twenty Thousand Dollars
NO. 8 ($20,000.00) to cover any future cost of relocating
Amend Lease Agreement Between City of Buffalo poles, lines and/or equipment for use of city-owned
And Grassroot Gardens of Buffalo to Include property located at 3010 & 3012 Main Street. That the
1179 Seneca- 60 x 130 Vacant Lot Corporation Counsel be, and he hereby is authorized to
Fillmore District review said agreement and that the Mayor be
Item No. 20, C.C.P. 7/9/02 authorized to execute the same.
The Office of Strategic Planning, Division of PASSED
Real Estate, has received a letter from the Grassroot AYES – 9 NOES - 0
Gardens of Buffalo to amend their lease agreement to
include the property located at 1179 Seneca Street. NO. 10
The Seneca/Babcock Block Club will sponsor this Results of Negotiations
garden. 669 Norfolk, 790' S Kensington
All other terms of the lease for the period of November Lot Size: 30' x 108'
1, 2000 and expiring on October 31, 2005 shall remain Assessed Valuation: Land $ 5,700.
the same. This office is requesting that Your Honorable Total 39,900.
Body approve the above-mentioned amendment, that The Office of Strategic Planning, Division of
Real Estate, has received a request to purchase 669 x 110'
Norfolk Street from Mr. Marcus Browne, 96 Rounds 75 Lemon, 104.40' S Virginia Lot Size: 25'
Avenue, Buffalo, New York 14215. He intends to make x 100'
repairs in the amount of twenty thousand dollars 242 Carlton 51.25' E Locust Lot Size:
($20,000), in order to bring 669 Norfolk Street into code 25'x 109'
compliance and use as a place of residence. 220 Maple, 75.23' N Carlton Lot Size: 27'
The purchaser has provided the Division of Real Estate x 100'
with cost estimates and proof of financial ability to 244 Carlton, 76.86' E Locust Lot Size: 25'
acquire and rehabilitate 669 Norfolk Street. This two x 104'
story, 1,000 square foot single family with a 1 ½ story, 222 Maple, 102.23' N Carlton Lot Size: 25'
750 square foot cottage was acquired by the City of x 100'
Buffalo through tax foreclosure in 2002, is situated on a 147 Lemon S Cor. Carlton Lot Size: 35' x
lot 30' x 108' and is in poor to fair condition. 100', 102' on Carlton, 58' Rear
The Department of Permits and Inspection Services 224 Maple, 127.33' N Carlton Lot Size: 30'
and the Division of Collections have no objections to x 100'
the sale. There are no code violations, taxes or other 158 Locust, 500' N Virginia St. Lot Size:
liens owed to the City of Buffalo by the purchaser. 55'x 100'
The Division of Real Estate has investigated the sale of 173 Mulberry, S Cor. Carlton Lot Size:
similar property in the subject area. Sales prices range 132' x 100'
from two dollars and nineteen ($2.19) to five dollars and Prior Council Reference:
fifty cents ($5.50) per square foot of living area. The Office of Strategic Planning has surveyed the
The results of our negotiations are that Mr. Marcus above referenced city-owned vacant lots. These parcels
Browne has agreed and is prepared to pay six are not needed for any public purpose.
thousand dollars ($6,000.), three dollars and forty cents St. John Fruitbelt Community Development
($3.40) per square foot of living area. He has also Corporation, 184 Goodell Street, Buffalo, New York
agreed to pay for the cost of transfer tax, recording fees 14204 has requested to homestead these City lots.
and cost of the legal description. They intend to build ten single family homes for low to
I am recommending that Your Honorable Body approve moderate income families.
the sale of The Division of Permit and Inspection Services and the
669 Norfolk Street to Mr. Marcus Browne in the amount Division of Collections have been contacted. There are
of six thousand dollars ($6,000). I am further no property code violations, taxes or other liens owed to
recommending that the Corporation Counsel prepare the City of Buffalo by the homesteader.
the necessary documents for the transfer of title and We, therefore, recommend the city-owned vacant lots
that the Mayor be authorized to execute the same. at 172, 176, 220, 222, 242 and 244 Carlton, 73, 75 and
Mr. Coppola moved: 147 Lemon, 158, 164 and 166 Locust, 220, 222 and
That the above communication from the Office of 224 Maple and 173 Mulberry be designated as
Strategic Planning, Division of Real Estate, dated April Homestead Properties and be transferred to St. John
6, 2005, be received and filed; and Fruitbelt Community Development Corporation on the
That the offer from Mr. Marcus Browne, residing at 96 following conditions; 1) the specified structures be
Rounds Avenue, in the sum of six thousand dollars erected within twelve (12) months; 2) the structure be
($6,000.00) for the purchase of 669 Norfolk Street, be purchased by a low income family that meets the low to
and hereby is accepted; and moderate income criteria and 3) reside there for a
That the appraisal requested by the City of Buffalo shall period of not less than thirty-six months.
be paid by the purchaser; Mr. Coppola moved:
That the transfer tax, recording fees and cost of legal That the above communication from the Office of
description shall be paid by the purchaser; and Strategic Planning dated April 11, 2005, be received
That the Corporation Counsel be authorized to prepare and filed; and
the necessary documents for the transfer of title and That the city-owned properties commonly known as
that the Mayor be authorized to execute the same, in 172, 176 220, 222, 242, 244 Carlton Stre~f,'l~7"Lemon
accordance with the terms of sale upon which the offer Street, 158, 164 and 166 Locust Street, t4r37-t.6-5,
was submitted. 220, 222 and 224 Maple and 173 Mulberry be and
PASSED hereby are designated as Homestead property, and
AYES – 9 NOES – 0 that the Mayor be, and he hereby is authorized to
execute a deed transferring said property to St. John
NO. 11 Fruitbelt Community Development Corporation, 184
TANSFER TITLE Goodell Street, with the following conditions:
VARIOUS PROPERTIES 1. The specified structures be erect within twelve (12)
172 Carlton, 25.62' W Maple Lot Size: months;
25' x 57' 2. The structure be purchased by a low income family
164 Locust, 26.66' S Carlton Lot Size: 24' that meets the low to moderate income criteria, and
x 100' 3. Reside there for a period of not less than thirty-six
176 Carlton W Cor. Maple Lot Size: 25' (36) months
x 71' PASSED
166 Locust, S Cor. Carlton Lot Size: 26' AYES –9 NOES – 0
x 101.95' N
220 Carlton 76.83' W Locust Lot Size: 25' NO. 12
x 115' Zoning Board-Planning Board
73 Lemon, 129.40' S Virginia Lot Size: 25' Public Hearing notification
x 100' Item No. 129, C.C.P. 3/8/2005
222 Carlton 51.21' W Locust Lot Size: 25' The City Planning Board at its regular
meeting held Tuesday, April 12, 2005, considered the HEARINGS
matter captioned above pursuant to Section 18-48 of The City of Buffalo Common Council hereby
the Buffalo Code, referable matters to the City Planning announces it's schedule of Meetings, to be held in the
th
Board.
Council Chambers on the 13floor of City Hall, and
The resolution asks that public hearing notices be
Budget Hearings, to be held in Room 1417 City Hall,
consistent between the City Planning Board and the
during the period May 2 through May 10, 2005. The
Zoning Board of Appeals. Currently, both boards follow
schedule is at
http.'//www.citv-buffalo.com
City ordinances regarding Public Hearing notices for
The Council's Budget Hearings provide a public forum
their respective boards. The City Planning Board
for review and comment on the presentations by city
agrees that both Boards Public Hearing notification
departments and allied agencies of their ability to:
process should be the same.
Operate within the scope of the Mayor's Recommended
Since the City Planning Board's requirements are more
Budget for Fiscal Year July 1, 2005 through June 30,
encompassing, the City Planning Board recommends
2006
that a Zoning Board of Appeals governing ordinance be
Implement the initiatives in the Common Council's
amended for Section 511-122 E(I&2) to accomplish this
2005-2006 Action Plan Comply with City Charter and
resolution. The City Planning Board also recommends
Code mandated duties and responsibilities Attain the
that ordinances be amended to require input from the
goals and objectives of their respective organization
Planning Board prior to any variances being granted.
The Council's Budget Hearings are a very important
Currently, the Zoning board of Appeals may request
and critical aspect of the budgetary process, and every
input from the City Planning Board, but have not
effort will be made to adhere to the schedule provided.
chosen to do so as long as memory serves. That
We request the assistance of all attending by:
section of the ordinance is 511-122 D. The permit
Arriving promptly for the appointed meeting time o
office, once an applicant is denied a permit for use or
Adhering to the rules of order as prescribed by the
area reasons, if and only if the applicant wishes to seek
attending Council Chairperson o Ensuring that
relief from our ordinances would the permit office refer
Department, Agency and Organization representatives
the request to the City Planning Board for their review
are knowledgeable of budgetary matters and are
and report to the Zoning Board of Appeals. Since the
prepared to address questions raised by those in
Planning Board meets regularly every two weeks and
attendance o Monitoring the City's Home page (see
the Zoning Board meets monthly, there would not be
above) for unanticipated schedule changes
any delays for the applicant in the decision process.
If you have any questions regarding the above, please
REFERRED TO THE COMMITTEE ON LEGISLATION
call 851-4361.
SCHELDULE OF MEETINGS AVAILABLE IN THE
FROM THE COMPTROLLER
CITY CLERKS OFFICE FOR REVIEW
RECEIVED AND FILED
NO. 13
Additional Information on
FROM THE COMMISSIONER OF PUBLIC WORKS
Federal Financial Assistance
This is to advise that a copy of the single
NO. 16
audit of Federal, state and local financial assistance
Report of Bids- Citywide
programs received by the City of Buffalo for the
Playground Improvements - Phase 1
fiscal year ended June 30, 2004 has been delivered
I have previously requested and received permission to
to each Councilmember, the Common Council Chief
take bids for the above project, item 32, CCP 7/10/0 I. I
of Staff, the City Clerk, the Mayor, the Comptroller,
advertised on April 1, 2005 and have received the
and the Budget Office.
following bids for the construction of Citywide
Pursuant to amendments of Section 35 of the General
Playground Improvements Phase I, which were publicly
Municipal Law, which took effect January 1, 1989, Your
opened and read on April 13, 2005.
Honorable Body may, in its discretion, provide to the
Contractor
State Comptroller and file with the City Clerk a written
Base Bid
response to the findings and recommendations in this
Titan Development $147,600.00
report no later than ninety days after its receipt, or July
8534 Seaman Rd
7, 2005.
Gasport, NY 14067
REFERRED TO THE COMMITTEE ON COMMUNITY
Gleason's Nursery $149,332.00
DEVELOPMENT
4780 Sheridan Dr
FROM THE PRESIDENT OF THE COUNCIL
Williamsville, NY 14221
I hereby certify the foregoing is a true and correct
NO. 14
statement of the bids received and that Titan
COMMITTEE STRUCTURE
Development is the lowest responsible bidder in
I am making the following changes in the
accordance with the plans and specifications; and that
committee structure:
the contract amount is $i47,600. I request that your
Committee on Claims: I am appointing Council Member
Honorable Body authorize the Commissioner of Public
Jeffrey M. Conrad Chairperson, replacing former
Works, Parks, and Streets to order the work on the
Council Member James D. Griffin.
basis of the low bid. Funds for this work will be
Finance Committee: I am appointing Council Member
available in forth coming Bond Funds to be sold for this
Jeffrey M. Conrad, replacing former Council Member
project. Please find attached a list of locations.
James D. Griffin.
Citywide Playground Improvements - Scope of
These changes are to take effect immediately,
Work
RECEIVED AND FILED
Locations of Work
Masten Playground Remove existing equipment and
NO. 15
replace with new equipment
SCHEDULE OF MEETINGS AND BUDGET
Roosevelt Playground - Remove existing equipment
and replace with new equipment North/West
Wood Street Playground - Remove existing equipment LaSalle Park (3 fields) Foot of Porter Ave (at Niagara
LaSalle Park Playground Remove and replace exiting River) See attached map for field locations
BIGGO swing seats McCarthy Park (2 fields) - Enter off East Amhest St.
Delaware Park Fitness Court - Removal all equipment (east of Main St.) - See attached map for field locations
West Village Play areas - Remove existing equipment Delaware Park (2 fields) -Fields are located off Parkside
Various Locations - Supply and deliver playground Ave. and Rumsey Rd. - See attached map for field
safety surfacing locations
Swings and Recreation Equipment - Supply and deliver JH Williams Playground (2 fields) - is between
equipment as listed under the equipment specification Ablemarle St and Seabrook St. off Vulcan St in
Mr. Coppola moved: Northwest Buffalo.
That the above communication from the Commissioner Mr. Coppola moved:
of Public Works, Parks and Streets dated April 11, That the above communication from the Commissioner
2005, be received and filed; and of Public Works, Parks and Streets dated April 11,
That the Commissioner of Public Works, Parks and 2005, be received and filed; and
Streets, be, and he hereby is authorized to award a That the Commissioner of Public Works, Parks and
contract for Citywide Playground Improvements - Phase Streets, be, and he hereby is authorized to award a
1, to Titan Development, the lowest responsible bidder, contract for Citywide Sports Field Improvements -
in the amount of $147,600.00. Funds for the project are Phase 1, to Buffalo Creek Landscaping, the lowest
available in forthcoming Bond Funds to be sold for this responsible bidder, in the amount of $36,400.00. Funds
project. for the project are available in forthcoming Bond Funds
PASSED to be sold for this project.
AYES – 9 NOES – 0 PASSED
AYES - 9 NOES - 0
NO. 17
REPORT OF BIDS- CITYWIDE SPORTS FIELD NO. 18
IMPROVEMENTS - PHASE 1 REPORT OF BIDS - CITYWIDE SPORTS FIELD
I have previously requested and received IMPROVEMENTS - PHASE 2
permission to take bids for the above project, item 32, I have previously requested and received permission to
CCP 7/10/01.1 advertised on March 29, 2005 and have take bids for the above project, item 32, CCP 7/10/01.1
received the following bids for the construction of advertised on April 1, 2005 and have received the
Citywide Sports Fields improvements - Phase 1, which following bids for the construction of Citywide Sports
were publicly opened and read on April 11, 2005. Fields improvements Phase 2, which were publicly
Contractor Base Bid Alternate opened and read on April 13, 2005.
Buffalo Creek Landscaping $36,400.00Contractor Base Bid Alternate
$4,400.00 Buffalo Creek Landscaping $38,400.00 $4,200.00
11800 Route 20 A, 11800 Route 20 A,
Wales Center, NY 14169 Wales Center, NY 14169 $38,500.00 $4,100.00
Birchgrove Landscaping $38,500.00Birchgrove Landscaping
$3,999.00 PO Box, ll7
PO Box, ll7 East Aurora, NY 14052
East Aurora, NY 14052 Gleason's Nursery $39,692.00 $4,350.00
Village Green Landscaping $42,702.894780 Sheridan Dr
$4,411.43 Willimnsville, NY 14221
3110 Lakeview Rd. Village Green Landscaping $40,000.00 $3,700.00
Hamburg, NY 14075 3110 Lakeview Rd.
Gleason's Nursery $59,543.00Hamburg, NY 14075
$6,615.00 Titan Development $54,975.00 $5,599.00
4780 Sheridan Dr 8534 Seaman Rd
Williamsville, NY 14221 Gasport, NY 14067
Titan Development $63,500.00I hereby certify the foregoing is a true and correct
$7,500.00 statement of the bids received and that Buffalo Creek
8534 Seaman Rd Landscaping is the lowest responsible bidder in
Gasport, NY 14067 accordance with the plans and specifications; and that
Thomann Asphalt $92,600.00the contract amount is $38,400. I request that your
$7,800.00 Honorable Body authorize the Commissioner of Public
56 Gunnville Rd. Works, Parks, and Streets to order the work on the
Lancaster, NY 14086 basis of the low bid. Funds for this work will be
I hereby certify the foregoing is a true and correct available in forthcoming Bond Funds to be sold for this
statement of the bids received and that Buffalo Creek project. Please find attached a list of locations.
Landscaping is the lowest responsible bidder in Citywide Sports Field Improvements - Phase 2
accordance with the plans and specifications; and that Locations of Work
the contract amount is $36,400. l request tbat your East
Honorable Body authorize the Commissioner of Public Schiller Park (1 field) - off Hemingway St. Schiller Park
Works, Parks, and Streets to order the work on the is located between Genesee St and Doat St., off
basis of the low bid. Funds for this work will be Sprenger St.
available in forthcoming Bond Funds to be sold for this Walden Park (1 field) - Bakos Blvd. off Walden Ave
project. Please find attached a list of locations. between Bailey Ave and the Chhetowaga border.
Citywide Sports Field Improvements - Phase 1 JFK Playground (2 fields) Clinton St at Pine St.
Locations of Work Glenny Playground (1 field) Fillmore Ave. north of
Delavan Ave. Streets, be, and he hereby is authorized to award a
South contract for the Replacement of Street Light Standards
Tifft Farm Playfields (2 fields) - Tifft St near Route 5 on Court Street, Niagara Square to Lafayette Square -
Cazenovia Park (1 field) on the Potter Rd. side of the Group 638, to South Buffalo Electric, Inc., the lowest
park. See attached map for field locations responsible bidder, in the amount of $239,888.00
Okell Playground (1 field) - Okell St. off South Park ($219,880.00 Base Bid + 10% Unit Price Increase of
Ave. near South Park $21,988.00 equals $239,888.00). Funds for the project
Hillery Playground (l field) Mineral Spring Rd. near are available in Capital Projects Account 30032106 and
Hayden St. off Seneca St. a future Capital Project Account to be established after
Mr. Coppola moved: the 2005 Bond Sale.
That the above communication from the Commissioner PASSED
of Public Works, Parks and Streets dated April 13, AYES - 9 NOES - 0
2005, be received and filed; and
That the Commissioner of Public Works, Parks and NO. 20
Streets, be, and he hereby is authorized to award a CHANGE IN CONTRACT
contract for Citywide Sports Field Improvements - NORTH JERFFERSON LIBRARY
Phase 2, to Buffalo Creek Landscaping, the lowest CONSTRUCTION
responsible bidder, in the amount of $38,400.00. Funds JOB #0324
for the project are available in forthcoming Bond Funds MASTEN DISTRICT
to be sold for this project. I hereby submit to Your Honorable Body the following
PASSED changes for the North Jefferson Library, Construction
AYES - 9 NOES - 0 Electrical Work, Tunney Electric, C #92010831.
1. Work required for heat trace lines for the remote
NO. 19 chiller lines, and costs associated with relocation of site
REPORT OF BIDS lighting
REPLACEMENT OF STREET LIGHT STANDARDS to accommodate transformer changes. Add
ON COURT STREET NIAGARA SQUARE TO $ 1,780.47
LAFAYETTE SQUARE GROUP# 638 2. Work required for changes to the distribution of
This is to advise your Honorable Body that I have electrical power in floor slabs. Add $ 3,543.63
advertised for and received public bids on April 13, The foregoing change results in a net increase in the
2005 for The Replacement of Street Light Standards on contract of Five Thousand Three Hundred Twenty Four
Court Street, Niagara Square to Lafayette Square - and 10/100 Dollars ($5,324.10).
Group 638. Current Contract Amount $506,440.37
In obtaining bids for the above project, 1 have Amount of This Change Order (#4) $ 5,324.10
requested bids on a unit price basis covering the Revised Contract Amount $511,764.47
various items of work and materials, which will be Costs have been reviewed by the Consulting Architect
performed. The final cost of the work will be based on (Robert Traynham Coles, PC) and the Department of
the actual measured quantities of Material entering into Public Works, Parks & Streets and were found to be fair
the work and may be either more or less than the total and equitable. Funds for this work are available in
bid. 337320306 445100 - Division of Buildings.
The following bids were received: I request that Your Honorable Body authorize the
Contractor Total Bid Price Commissioner of Public Works, Parks & Streets to
South Buffalo Electric, lnc $219,880.00 issue a change order to the contractor as set forth
21 Foundry Street above.
Buffalo NY 14086 Mr. Coppola moved:
O'Connell Electric Co. $258,105.00 That the above communication from the Commissioner
929B Ransom Road of Public Works, Parks and Streets dated April 4, 2005,
Lancaster NY 14207 be received and filed; and
Ferguson Electric Constr Co. lnc $301,500.00 That the Commissioner of Public Works, Parks and
333 Ellicott Street Streets be, and he hereby is authorized to issue change
Buffalo NY order No. 4, to Tunney Electric, an increase in the
Spoth Enterprises, Inc $343,520.00 amount of $5,324.10, as more fully described in the
8746 Lakeshore Road above communication, for work relating to Job No.
Angola NY 14006 0324, North Jefferson Library Construction, C
I hereby certify that the lowest bidder for the above #92010831. Funds for this project are available in
project is South Buffalo Electric, Inc with a base bid 337320306 445100 - Division of Buildings.
amount of $219,880.00. I respectfully recommend that PASSED
Your Honorable body authorize a contract award to AYES - 9 NOES - 0
South Buffalo Electric, Inc in the amount of $239,888.00
($219,880.00Base Bid + 10% Unit Price Increase of NO. 21
$21,988.00 equals $239,888.001. HOT WATER DELIVERY AGREEMENT
The engineer's estimate for this work is $200,000.00 COUNTY OF ERIE
and the funds are available in Capital Projects Account RATH BUILDING & FAMILY COURT
30032106 and a future Capital Project Account to be Permission is hereby requested from Your Honorable
established after the 2005 Bond Sale. Body to enter into an agreement with Erie County to
Mr. Coppola moved: continue to provide heat to the Rath Building and
That the above communication from the Commissioner Family Court. The new agreement would have a five (5)
of Public Works, Parks and Streets dated April 14, year term.
2005, be received and filed; and Under the previous agreement, the County paid $8.50
That the Commissioner of Public Works, Parks and per million British thermal unit (MMBTU) of heat
delivered. Heat would be charged at $18.50 per "mere license" to Ms. Carroll Ann Simon, owner of
MMBTU in the new agreement and the price would be Betty's Restaurant, located at 370 Virginia Street, to
adjusted annually based on the NYMEX Winter Strip for install a sidewalk care to measure 32 feet in length and
Natural Gas. project 5 feet from the building face which would
Mr. Coppola moved: encroach city right-of-way at said address, subject to
That the above communication from the Commissioner the conditions as listed above.
of Public Works, Parks and Streets dated April 14, PASSED
2005, he received and filed; and AYES - 9 NOES - 0
That the Commissioner of Public Works, Parks and
Streets, be, and he hereby is authorized to enter into an NO. 23
agreement with Erie County to continue to provide heat 461 ELLICOTT STREET
to the Rath Building and Family Court for a five (5) year REQUESTS PERMISSION TO INSTALL
term and the heat would be charged at $18.50 per SIDEWALK CARE
million British thermal unit (MMBTU) of heat delivered. (ELLICOTT DISTRICT)
PASSED Sarah Mahoney and Billy Fuccilo, owners of the
AYES - 9 NOES - 0 Washington Market, located at 461 Ellicott Street, have
requested permission tinstall a sidewalk care which
o
NO. 22
would encroach City right-of-way at said address. The
370 VIRGINIA STREET
proposed cafe would measure 40 feet in length and
REQUESTS PERMISSION TO INSTALL
project 7 feet from the building face into City right-of-
SIDEWALK CAFE
way.
(ELLICOTT DISTRICT)
The Department of Public Works, Parks and Streets
Ms. Carroll Ann Simon, owner of Betty's Restaurant,
has reviewed this application pursuant to Chapter 413,
located at 370 Virginia Street, has requested
Section 59 (Sidewalk Cafes) of the City Charter and
permission to install a sidewalk cafe which would
recommends that Your Honorable Body refer this item
encroach City right-of-way at said address. The
to the Planning Board for the necessary site plan review
proposed care would measure 32 feet in length and
and approval. If approved by the Planning Board and
project 5 feet from the building face into right-of-way on
Your Honorable Body the Commissioner will issue a
Cottage Street and measure 35 feet in length and
"Mere License" for said sidewalk care provided the
project 5 feet from the building face into right of way on
following conditions are met:
Virginia Street.
1. That the applicant obtain any and all other City of
The Department of Public Works, Parks and Streets
Buffalo permits necessary.
has reviewed this application pursuant to Chapter 413,
2. That the sidewalk cafe be installed exactly as shown
Section 59 (Sidewalk Cafes) of the City Charter and
on plans submitted to and approved by the Department
recommends that Your Honorable Body refer this item
of Permit
to the Planning Board for the necessary site plan review
and Inspection Services.
and approval. If approved by the Planning Board and
3. That the sidewalk care does not exceed 40 feet in
Your Honorable Body the Commissioner will issue a
length or extend more than 7 feet from the building
"Mere License" for said sidewalk cafe provided the
face.
following conditions are met:
4. That no portion of the sidewalk care be permanent in
1. That the applicant obtain any and all other City of
nature or permanently affixed to the main building or
Buffalo permits necessary.
public
2. That the sidewalk cafe be installed exactly as shown
sidewalk.
on plans submitted to and approved by the Department
That the sidewalk cafe be completely removed from
of Permit and Inspection Services.
City right-of-way from November 15 to April 1 each
3. That the sidewalk cafe sections do not exceed 35 feet
year.
in length or extend more than 5 feet from the
That the applicant be assessed the annual fee of $1.30
building face.
per square foot of City right-of-way occupied by said
4. That no portion of the sidewalk cafe be permanent in
sidewalk care as described in Chapter 413, Article IX,
nature or permanently affixed to the main building or
Section 59 (Sidewalk Cafes) of the City Ordinances.
public sidewalk.
That the applicant supply the City of Buffalo with a five
5. That the sidewalk cafe be completely removed from
thousand dollar ($5,000.00) construction in street bond
City right-of-way from November 15 to April 1 each
or certificate of insurance which will indemnify and save
year.
harmless the City of Buffalo against any and all loss
That the applicant be assessed the annual fee of $1.30
and damage arising out of the construction,
per square foot of City right-of-way occupied by said
maintenance, use and removal of said sidewalk cafe.
sidewalk cafe as described in Chapter 413, Article IX,
Mr. Coppola moved:
Section 59 (Sidewalk Cafes) of the City Ordinances.
That the above communication from the Department of
That the applicant supply the City of Buffalo with a five
Public Works, Parks and Streets dated April 13, 2005
thousand dollar ($5,000.00) construction in street bond
be received and filed; and
or certificate of insurance which will indemnify and save
That the Commissioner of Public Works, Parks and
harmless the City of Buffalo against any and all loss
Streets be, and he hereby is authorized to issue a
and damage arising out of the construction,
"mere license" to Sarah Mahoney and Bill Fuccilo,
maintenance, use and removal of said sidewalk cafe.
owners of the Washington Market, located at 461
Mr. Coppola moved:
Ellicott Street, to install a sidewalk care to measure 40
That the above communication from the Department of
feet in length and project 7 feet from the building face
Public Works, Parks and Streets dated April 13, 2005
which would encroach city right-of-way at said address,
be received and filed; and
subject to the conditions as listed above.
That the Commissioner of Public Works, Parks and
PASSED
Streets be, and he hereby is authorized to issue a
AYES - 9 NOES - 0
Division of Engineering to the Position of Laborer II,
NO. 24 Permanent Appointment at the maximum Starting
UTILITY POLE REMOVALS Salary of $27,833
REMOVAL OF OVERHEAD Lonnie Pieczynski, 320 Barnard St., Buffalo, NY 14206
FACULTIES REFERRED TO THE COMMITTEE ON CIVIL
ELLICOTT/SOUTH DISTRICTS SERVICE
As per Chapter 330 (Poles and Wires) of the City
Charter the Commissioner of Public Works, Parks and NO. 28
Streets hereby extends the pole removal district as CERTIFICATEOFAPPOINTMENT
authorized to do so in section 330-6 (Annual extension Appointment Effective: April 4, 2005 in the Department
of districts after 1930) of said chapter. of Public Works, Division of Water to the Position of
The streets affected by this extended district are as Pumping Plant Operator, temporary at the maximum
follows: starting salary of $42,289
Fuhrman Boulevard - Coast Guard station to City limit Richard Calorico, 660 Auburn Avenue, Buffalo, New
(18,480') York 14213
Nash Street - Broadway to William (781 ') REFERRED TO THE COMMITTEE ON CIVIL
Arsenal Place - Nash Street to Michigan Avenue (472') SERVICE
Michigan Avenue - Broadway to William (757')
Once approved by Your Honorable Body, these streets FROM THE COMMISSIONER OF POLICE
will be certified as pole removal streets and utility
companies will be given 3 months notice to remove NO. 29
overhead facilities as per the City Charter. These street "ENFORCEMENT OF ILLEGAL DUMPING
sections are designated for possible reconstruction and ORDINANCES"
it is our desire for all utilities to be located underground. ITEM #151, C.C.P. APRIL 13, 2004
Mr. Coppola moved: The following information is submitted per the Council's
That the above communication from the Department of request for a monthly report from the Buffalo Police
Public Works, Parks and Streets dated April 14, 2005 Department documenting the number of citations and
be received and filed; and adjudication's thereof of the city's illegal dumping
That pursuant to Chapter 330 (Poles and Wires) of the ordinances:
City Charter authorizes the Commissioner of Public March 2005
Works, Parks and Streets to extend the pole removal Total: 1
district as authorized in section 330-6 to affect the RECEIVED AND FILED
streets as listed above.
Passed. NO. 30
AYES - 9 NOES - 0 ENFORCEMENT OF NOISE ORDINANCES"
ITEM #151, C.C.P. APRIL 13, 2004
NO. 25 The following information is submitted per the Council's
CERTIFICATE OF APPOINTMENT request for a monthly report from the Buffalo Police
Appointment Effective: April 4, 2005 in the Department Department documenting the number of noise
of Public Works, Parks & Streets, Division of Water ordinance citations and adjudications:
to the Position of Filtration Plant Operator Provisional March, 2005
Appointment at the maximum Total: 8
Starting Salary of: $36,003
Robert Benevento, 191 Stratford Road, Buffalo, New NO. 31
York CERTIFICATE OF APPOINTMENT
REFERRED TO THE COMMITTEE ON CIVIL MAYOR'S OFFICE APPROVAL:
SERVICE Appointment Effective: March 23, 2005
in the Department of: Police Division of: Investigative
NO. 26 Services to the Position of: Consultant III, Temporary
CERTIFICATE OF APPOINTMENT at the: Flat Starting Salary of $30.00/hr
Appointment Effective: April 4, 2005 in the Department Thomas W. Balk, 33 Loretta Street, Tonawanda NY
of Public Works, Parks & Streets, Division of Water 14150
to the Position of Chief Water Pollution Inspector, REFERRED TO THE COMMITTEE ON CIVIL
Provisional Promotion at the Maximum SERVICE
Joseph Ferraro, 407 Huntington Avenue, Buffalo, New
York 14214 NO. 32
Mr. Coppola moved: CERTIFICATE OF APPOINTMENT
That the above communication from the Department of Appointment Effective: March 22, 2005 in the
Public Works, Parks & Streets dated March 30, 2005 be Department of: Police, Division of: Administration and
received and filed; and Communications to the Position of Report Technician
That the appointment of Joseph Ferraro, residing at 407 Permanent Appointment at the Maximum Starting
Huntington Avenue as Chief Water Pollution Inspector Salary of $ 30,213
at the salary of $37,516, be and it hereby is approved. Rose Borczynski, 98 Barnard St, Buffalo, NY 14206
Passed REFERRED TO THE COMMITTEE ON CIVIL
AYES - 9 NOES - 0 SERVICE
NO. 27 FROM THE CORPORATION COUNSEL
CERTIFICATE OF APPOINTMENT
Appointment Effective 4/7/05 in the Department of NO. 33
Public Works TERMINATION OF PARKS AGREEMENT
I am in receipt of the above stated Common
Council Communication and wish to supply your
Honorable Body with the following information. 107
ITEM #45; C.C.P. APRIL 5, 2005
Wakefield has been a property that has been the
As per the request of your Honorable Body, I am
subject of controversy for many years. The
providing the following information regarding the
nonconforming use that this property has shielded it
resolutions filed by Erie County Legislators regarding
from the zoning requirements of a R2 Zoning District.
the above-referenced matter.
According to our records this property is in compliance
I have contacted the Department of Administration and
with Section 511-105 of the Zoning Ordinance of the
Finance regarding the monthly payments the City of
City of Buffalo. A parcel may be rezoned through the
Buffalo is required to pay to the County of Erie pursuant
authority of your Honorable Body. Then the Department
to the Parks Agreement. I have been advised that all
of Law best answers legal requirements that will have
payments due to the County have been made, and
to be met to accomplish this. We will support and
there may actually be an over-payment requiring
enforce any newly enacted legislation as it applies to
reimbursement to the City of Buffalo.
the Zoning Ordinance of the City of Buffalo. It is my
Therefore, at this time, it is my belief that the City of
sincere hope that this response satisfies your inquiry.
Buffalo is not in default of any provision of the Parks
RECEIVED AND FILED
Agreement with the County of Erie. Any additional
requests for information regarding the financial status of
FROM THE COMMISSIONER OF ADMINISTRATION
payments should be directed to the Department of
AND FINANCE
Administration and Finance.
Department Head Name: Title:
NO. 37
Michael B. Risman
DONATION OF VEHICLE
Corporation Counsel
THE DIVISION OF PURCHASE IS
REFERRED TO THE COMMITTEE ON FINANCE
REQUESTING PERMISSION TO ACCEPT AS A
DONATION FOR THE DEPARTMENT OF STREETS
NO. 34
SANITATION FROM THE NIAGARA FRONTIER
TOSH COLLINS & CAZENOVIA ICE RINK,
TRANSIT AUTHORITY A 1984 UNIMOG. THIS
INVOICES
UNIMOG CAN BE USED FOR SPARE PARTS
(ITEM NO. 74, & 75, C.C.P.,
NEEDED FOR OTHER MACHINES THAT STREETS
12/28/04)
CURRENTLY HAS IN THEIR FLEET. THESE
Please find enclosed for your information a copy of a
VEHICLES ARE USED TO PLOW SMALL AREAS
letter dated March 30, 2005 this office has sent to
WITHIN CITY PROPERTY DURING THE WINTER
Gregory J. Dudek, Esq. of the Erie County Attorney's
MONTHS AND PARTS ARE HARD TO OBTAIN.
Office requesting a response that the County of Erie will
Mr. Coppola moved:
not pay the invoices from R. Cummings.
That the above communication from the Commissioner
REFERRED TO THE COMMITTEE ON FINANCE
of Public Works, Parks and Streets dated April 11,
2005, be received and filed; and
FROM THE COMMISSIONER OF PERMIT &
That the Director of Purchase be, and she hereby is
INSPECTION SERVICES
authorized to accept a donation for the Department of
Streets Sanitation from the Niagara Frontier Transit
No. 35
Authority a 1984 UNIMOG.
Restaurant Dance Class IV
Passed.
69 Chippewa West (Ellieott)
AYES – 9 NOES – 0
Pursuant to Chapter 150 of the City of Buffalo
Ordinances, please be advised that I have examined
NO. 38
the attached application for a Restaurant Dance Class
Certificate of Appointment
IV License located at 69 West Chippewa and find that
Appointment Effective: April 11,2005 in the Department
as to form is correct. I have caused an investigation into
of Administration and Finance Division of Parking
the premises for which said application for a Restaurant
Enforcement to the Position of Hearing Officer
Dance Class 1V license is being sought and according
Temporary, Non-Competitive, Flat
to the attached reports from the Zoning Office, Fire
John J. Gannon 453 Norwood Avenue
Department and Building Inspections, I find it complies
Buffalo14222
with all regulations and other applicable laws. I have
REFERRED TO THE COMMITTEE ON CIVIL
caused an investigation by the Police Department into
SERVICE
the moral character of Paul Bonito. The attached
thereto for Paul Bonito d/b/a Bottoms Up. This request
FROM THE CITY CLERK
is submitted for your approval or whatever action you
deem appropriate.
No. 39
That pursuant to Chapter 150 of the City Code, the
Minutes of the Board of Ethics
Commissioner of Permit and Inspections Services be,
Attached please find the minutes of the March 15, 2005
and he hereby is authorized to grant a Restaurant
Board of Ethic meetings.
Dancing
The Buffalo Board of Ethics is pleased to announce that
Class IV License to Paul Bonito, d/b/a Bottoms
it has reached 100% compliance regarding the filing of
Up, located at 69 West Chippewa.
the Annual Statement of Financial Disclosure by City
Passed.
Employees and Board Members.
AYES – 9 NOES – 0
RECEIVED AND FILED
NO. 36
NO. 40
"Rezoning of 107 Wakefield (Masten) "
Liquor License Applications
Ext. (Item No. 100. C.C.P. 4/5/2004:
Certificate of Appointment
Appointment Effective: April 11, 2005 in the Department
of Public Works, Parks & Streets Division of Water to
Attached hereto are communications from persons
the Position of Clerk
applying for liquor licenses from the Erie County
Seasonal Appointment at the: Flat Starting Salary of:
Alcohol Beverage Control Board.
$8.15
Address Business Name Owner's Name
Jacqueline Hennings 119 Delmar Mitchell Buffalo, New
307 Louisiana St. The Goldmine Bflo. Enterprises of
York 14204
WNY Inc.
No. 45
1735 Hertel Ave Fiamma Steakhouse, Inc. P.
Appointments - Temporary, Provisional or
Kelleher
Permanent
20 Allen St. No Name Given Y.
I transmit herewith Appointments in the
White
various departments made at the Minimum (Temporary,
RECEIVED AND FILED
Provisional or Permanent) (as per contract
requirements).
No. 41
REFERRED TO THE COMMITTEE ON CIVIL
SERVICE.
Leaves of Absence Without Pay
CERTIFICATE OF APPOINTMENT
I transmit herewith notifications received by me,
Appointment Effective: April 4,
reporting the granting of the leaves of absence without
2005 in the Department of Public Works and Streets
pay, in the various departments as listed:
Division of Buildings to the Position of Senior First
Police- M. Perez, D. Cordone, M. Vazquez, C. Folck
Class Stationary Engineer Temporary, Appointment, at
v. Demps,
the Flat Starting Salary of $10.25
RECEIVED AND FILED.
Edward F. Anken 73 Houston Street Buffalo 14220
Certificate of Appointment
No. 42
Appointment Effective: April 18, 2,005 in the
Reports of Attendance
Department of Public Works, Parks & Streets Division
I transmit herewith communications received by me,
of Water to the Position of Water Service Worker
from the various boards, commissions, agencies and
Temporary, Appointment, at the minimum Starting
authorities reporting the membership attendance at
Salary of $29,038
their respective meetings:
Gregory Schultz 173 Easton Avenue Buffalo, New York
Buffalo Sewer Authority
14215
City Planning Board
Certificate of Appointment
RECEIVED AND FILED.
Appointment Effective: April 4, 2005 in the Department
of Permit and Inspection Services Division of Licenses
No. 43
to the Position of License Inspector Salary of: $34,156.
Notices of Appointments - Council Interns
TEMPORARY APPOINTMENT MINIMUM
I transmit herewith appointments to the position of
Ronald Deschenes 338 North Park Buffalo, New York
Council Intern.
14216
Mr. Coppola moved the approval of the appointments to
Certificate of Appointment
the position of Council Intern.
Appointment Effective: April 4, 2005 in the
ADOPTED.
Department of MIS to the Position of Computer
Certificate of Appointment
Programmer Permanent, Appointment, Minimum
Appointment Effective: March 30, 2005 in the
Starting Salary of $38,358
Department of Common Council to the Position of
Joseph Strainese 318 Southside Buffalo, NY 14220
Intern IV Seasonal Non-Competitive
Flat Starting Salary of: $6.00
NON-OFFICIAL COMMUNICATIONS, PETITIONS
Jamie McKinnie 145 Steckbridge Buffalo, New York
AND REMONSTRANCES
14215
NON-OFFICIAL COMMUNICATIONS
Certificate of Appointment
Appointment Effective: March 30, 2005 in the
NO. 46
Department of Common Council to the Position of
J. BREM- PEST MGMT BD MINUTES 3/21/05
intern V Seasonal, Non-Competitive Flat Starting
Here is the official version of the minutes from March's
Salary of: $8.00
PMB. We did include many of the revisions forwarded
Phyllis Banks 66 Freeman St. Buffalo, New York 14215
to me.
Certificate of Appointment
Pest Management Board Minutes for Monday 2005
Appointment Effective: March 30, 2005in the
March 21 1:00 PM - 2:25 PM
Department of Common
The following people were in attendance:
Council to the Position of Intern VI Seasonal Non-
David Hahn-Baker, Co-Chair of PMB, 877-2004,
Competitive Flat
dhhnbaker~aol.com
Starting Salary of:$10.00
James Brem, Staff person for PMB, 851-4138,
Wade Hawkins 44 Rounds Buffalo, New York 14215
jbrem~city-buffalo.com
Joe Gardella, member of PMB, 833-6735,
No. 44
gardella@buffalo.edu
Notices of Appointments - Seasonal/Flat
Brian Smith, an interested party, 831-3206,
I transmit herewith certificates received by me,
bsmith~citizenscampaign.org
reporting seasonal and flat salary appointments made
Linda White, member of PMB, 853-8466,
in various departments.
bfrlew(~,oag.state.ny.us
RECEIVED AND FILED.
The following City officials were invited but failed to
show Ray McGum, Commissioner of Inspections and will go before the full legislature in May.
OUR NEXT T PMB BOARD MEETING IS
SCHEDULED FOR MONDAY APRIL 18 AT PM IN
Permits; Frank Poincelot, Animal Control Officer and;
ROOM 1319 CITY HALL. I HOPE TO SEE ALL THOSE
Michael Risman or someone from the law dept.
PEOPLE WHO CAN MAKE IT
Jim distributed an invitation and notice of an upcoming
RECEIVED AND FILED
national forum "Beyond Pesticides" to be held April 8-
10 2005 in Washington, DC. DHB informed us that he
NO. 47
plans on attending this event.
REQ FOR INFO
1. I informed the members that I contacted the
Mr. Reggie Brown – 98B1811
following people by email and / or telephone Ray
COLLINS CORRECTIONAL FACILITY
McGum, Frank Poincelot, Michael Risman. The PMB
PO BOX 340
has requested that Mr. Poincelot provide a list of
COLLINS, NY 14034
chemicals that he has hand, and that he uses. The
I respectfully request information in regards to the following
PMB has sought this information for many years and
documents Copy of 2004 report on how funds were
Mr. Poincelot has not responded to the PMB request.
spent for the East Side in regards to Community
Mr. Poincelot appeared at our February meeting only
Development projects, especially in the Masten, Ellicott,
after Councihnember Richard Fontana, Chairperson of
Fillmore Districts. Also a copy of how Federal Block
Legislation Committee ordered him to. Joe Gardella,
Grants were distributed, and to what organizations.
PhD. composed the following letter, with some minor
(Koons Avenue)
changes from Jim Brem.
If you determine that some portions of this requested
Dear Mr. Poincelot:
materials are exempt, 1 will expect, as the Act provides
We were disappointed that you were not able to attend
that you provide me with the remaining nonexempt
the March 21, 2005 Pest Management Board, as
portions. I of course, reserve the right to appeal any
previously agreed. We request that you file the approval
decision to with hold information and expect that you
request for waiver forms for pesticide use so that we
will list the address and office where such appeal can
may review them and make them part of our quarterly
be sent.
report to the Council. We request a list of all class 1,
As your agency is aware, the amended FOIL requires
class 2, class 3, and class 4 pesticides that you
you to reduce or waive search/or copying fees when
currently have in stock as well as those you are
released of the required information would be in the
currently using, again as we agreed. Our next Pest
public interest. It is my belief that said information I am
Management Board meeting will occur Monday April
requesting fits this category and ask that you waive
18, 2005 at 1 PM in room 1319 City Hall. Failure to
such fees.
appear and cooperate will result in us reporting this to
If this request is processed under the Privacy Act,
the Common Council in our monthly minutes and
however, I expect as the Act provides that no fees will
quarterly report to the Council.
be charged for locating the requested information. I will
2. DHB informed us that due to his heath that he would
expect a reply within :10 working days from the date of
like a co-chair to help him in his duties with PMB.
this request.
Any person willing to help take on that responsibility
REFERRED TO THE COMMITTEE ON COMMUNITY
would greatly appreciated.
DEVELOPMENT, DIRECTOR OF STRATEGIC
3. DHB informed us that he sent a letter to Bruce
PLANNING AND CORPORATION COUNSEL
Coleman, Chairperson of Buffalo Environmental
Management Commission. Both DHB and Joe
NO. 48
Gardella are members of the BEMC. DHB praised
INFO MERGER
the efforts of Andy Rabb; former City Forester and
I, CAL CHAMPLIN, Town Clerk of the Town of
his work with the City's tree inventory. DHB
Tonawanda, Erie County, New York, do hereby certify
discussed the possibility of PMB becoming a
that at a regular meeting of the Town Board of the
committee of Buffalo Environmental Management
~
aforesaid Town, on the 28day of March, 2005 at the
Commission and possibly continuing some of the
Municipal Building, Kenmore, New York, the following
work of Mr. Rabb. All it may take is a Council
resolution was adopted, to wit:
resolution to make the PMB, a committee of the
Mr. Crangle offered the following resolution and moved
EMC since both bodies are mentioned in the City
its adoption:
Charter? PMB was formed from Council
WHEREAS, in the Spring of 2004, the Erie County
Legislation. We also discussed the possibility of
Executive, the Mayor of the City of Buffalo, the
becoming a not for profit 501c3 or find a pass
Chairman of the Erie County Legislature and the
through agency. DHB informed us that PMB could
President of the Buffalo Common Council called for a
use the Olmstead Conservancy as a pass through
Commission to review the advantages and challenges
agency.
of merging the two largest local governments; and
4. DHB suggested that Jim summit minutes of the
WHEREAS, an eleven member Commission comprised
meeting on a regular basis and that he would work
of county and city elected officials and citizens was
on a July quarterly report for the Council
created under the chairmanship of William Greiner,
comprising the months of April, May and June.
former president of the State University of New York at
5. Mr. Smith informed us that County Executive
Buffalo; and
signed Neighborhood Notification of Pesticides
WHEREAS, in January of 2005, the so-called "Greiner
into law on January 14, 2005 and the law will take
Commission" issued its recommendation to merge the
effect in January 2006. We also discussed the
County of Erie and City of Buffalo into the "Regional
possibility of promoting Pesticide free week drive
City of Buffalo" and transfer functions of the former City
during Earth Day Week. He further went on to tell
of Buffalo to the new "Regional City" and the formation
us that Monroe County passed Pesticide
of a municipal services district in which residents of the
Neighborhood Notification out of committee, and it
former City of Buffalo would be taxed for services that
are provided within the municipal services district; and RECEIVED AND FILED
WHEREAS, the Erie County Executive would be the
Chief Executive of this municipal services district and NO. 49
would add additional responsibility to an already over CONCERNS FUNDING CUTS.
burdened executive; and At the invitation of Commissioner Donald O. Allen, I am
WHEREAS, under the plan, five regional city legislators writing today to make clear that the recent HOPWA
would exclusively represent the residents of the award of $135,000 to AIDS Community Services (ACS)
municipal services district creating potential conflicts in will result in 18 families (whose member include over 65
representing the interests of the regional city and individuals) living with HIV disease lacing almost certain
interests of the municipal services district and create homelessness. In the 2004 allocation for the HOPWA
the potential for more divisions between the former City program ACS provided long term housing subsides to
of Buffalo and its suburban counterparts; and 75 families. The 2005 allocation, which has been
WHEREAS, the chief executive officer of the municipal reduced by nearly $60.000, will results in 18 families
services district, as well as department heads and losing that subsidy.
employees would not necessarily be residents of the At a meeting with the City Council, attended by
municipal services district, leaving residents of the Commissioner Allen. and Mr. Wanamaker's staff
municipal services district with a significantly reduced member Carla Kasmert, my staff member Christopher
influence and "voice" in determining the quality and Voltz shared this information and made clear that we
quantity of services they desire; and had no alternative fimding to provide other subsidies for
WHEREAS, this plan would increase the power of the these families. In less than three weeks, these families
"regional city" in the area of planning that could will be in crisis.
interfere with the powers currently enjoyed by towns I bring this to your attention in tile hope that this grave
and would also allow the "regional city" the power to situation can be remedy.
expend money for any public purpose and assess costs RECEIVED AND FILED
to residents of a town without the consent of town
elected officials and is a backdoor approach to NO. 50
eliminating town government without the consent of the VIOLATIONS AT 77 JOHNSON PARK
voters within a town; and Dear Mr. Chwalinski,
WHEREAS this plan does nothing to improve the Please file the attached correspondence for the
structural disparity between revenues and expenditures upcoming Council Session to be held on Tuesday, April
facing both Erie County and the City of Buffalo; and 19, 2005 for further discussion.
WHEREAS, larger, more bureaucratic and centralized Thank you in advance for you assistance in this matter.
governments are not necessarily more efficient than REFERRED TO THE COMMITTEE ON LEGISLATION
smaller, streamlined local governments; and AND THE COMMISSIONER OF PERMITS AND
WHEREAS, as a county, our attention and focus must INSPECTIONS
be on our unified demand that the State of New York
reform the Medicaid System and that the costs of NO. 51
Medicaid be paid for by New York State. CITY RESIDENTIAL RECYCLING RATES
NOW, THEREFORE, BE IT RESOLVED, that the Town Dear Mr. Chwalinski,
Board of the Town of Tonawanda does hereby go on Please file the attached document for the upcoming
record as opposing the current recommendations of the Common Council Session to be held on April 19, 2005.
"Greiner Commission;" and Thank you in advance for your assistance in this matter.
BE IT FURTHER RESOLVED, that in the event the Respectfully yours,
"Greiner Commission" continues to exprore regional Karen Privateer
forms of governance that the composition of the Legislative Aide
Commission be expanded to include representatives of CITY RESIDENTIAL RECYCLING RATES
towns; and LOWER THAN BUFFALO'S 6.6% FOR 2004
BE IT FURTHER RESOLVED, that copies of this Denver 6.5%
resolution be sent to County Executive Joel Giambra, Houston 5%
Mayor Anthony Masiello, the Erie County Legislature, Oklahoma City 4%
the Buffalo Common Council and to Supervisors of the Philadelphia 1.8%
towns in Erie County. RECYCLING RATES HIGHER THAN BUFFALO'S
Seconded by Mr. Rider. Portland 53%
Carried. Six (6) ayes and No (0) nays. Seattle 48%
I do further certify that I have compared the foregoing LosAngeles 44%
with the original minutes of the regular meeting of the Nashville 37%
~
Baltimore 26%
Town Board held on the 28day of March, 2005 and
Milwaukee 26%
that the foregoing is a true and correct transcript from
Chicago 25%
said original minutes and the whole thereof, and that
Phoenix 21%
the resolutions duly adopted by said Town Board are on
Boston 20%
file in my office.
Jacksonville 19%
I do further certify that the members of the Town Board
Charlotte 17.5%
are as follows:
New York 13.5%
Ronald H. Mollna Raymond E. Sinclair, David H. Rider,
Washington 13%
Joseph M. Shiah, Daniel J. Crangle, John E. Donnally,
Columbus 12%
John J. Flynn, Jr.
San Antonio 8.5%
IN WITNESS WHEREOF, I have hereunto set my hand
Dallas 8.3%
and seal of the said Town of Tonawanda, Erie County,
Indianapolis 7%
~
New York, this 29day of March, 2005.
(Source Waste News February 2005)
REFERRED TO THE COMMITTEE ON LEGISLATION of Buffalo to demolish a building containing asbestos be
exempt from paying an asbestos notification fee.
NO. 52 SUMMARY OF PROVISIONS:
COMPARISON OF RECYCLING PROGRAMS Section 1 amends section 904 of the Labor Law by
Dear Mr. Chwalinski, adding a new subdivision 5 which exempts any
Please file the attached document for the upcoming contractor employed by the City of Buffalo for the
Common Council Session to be held on April 19, 2005. demolition of a building that contains asbestos,
Thank you in advance for your assistance in this matter. including independent contractors, from paying the
Respectfully yours, asbestos notification fee established under subdivision
Karen Privateer two of this section.
Legislative Aide JUSTIFICATION:
Attached available for review in the City Clerk’s Office Under section 904 of the Labor Law, notification must
REFERRED TO THE COMMITTEE ON FINANCE AND be given to the State of New York of demolition activity
THE COMMISSIONER OF PUBLIC WORKS due to air monitoring, worker safety, decontamination
and disposal concerns. In turn, state government
NO. 53 imposes a fee for this notification based on the size of
ASBESTOS NOTIFICATION FEES the structure involved, which can be and often is as
Please file the attached item for the Common Council high as $1,000 per demolition. Obviously, this
meeting to be held on April 19, 2005. notification fee, which is passed through to the City by
the increases the cost of demolition
contractor,
STATUS: contracts, as well as the costs faced by the City of
S3935 STACHOWSKI Buffalo when conducting their own demolition activity.
Labor Law A waiver of New York's notification fee would allow the
TITLE....Requires that contractors who are employed City of Buffalo to execute more demolitions and better
by the city of Buffalo to demolish a building containing utilize the limited amount of funding available for this
asbestos be exempt from paying an asbestos purpose.
notification fee LEGISLATIVE HISTORY: New bill - 2005
04/01/05 REFERRED TO LABOR FISCAL IMPLICATIONS:
STACHOWSKI, VOLKER RETRIEVE BILL
Amd S904, Lab L To be determined.
Requires that contractors who are employed by the city LOCAL FISCAL IMPLICATIONS:
of Buffalo to demolish a building containing asbestos be In that the City of Buffalo demolishes an average of 400
exempt from paying an asbestos notification fee. buildings per year, it is estimated this measure would
STATE OF NEW YORK save the City an average of $400,000 annually.
S. 3935 A. 6936 REFERRED TO THE COMMITTEE ON COMMUNITY
2005-2006 Regular Sessions DEVELOPMENT AND THE COMMISSIONER OF
SENATE - ASSEMBLY PERMITS AND INSPECTION
April 1, 2005
IN SENATE -- Introduced by Sens. STACHOWSKI, NO. 54
VOLKER -- read twice and ordered printed, and EFFECTS OF BASS PRO
when printed to be committed to the Committee on Dear Mr. Chwalinski:
Labor Please file the attached item for the Common Council
IN ASSEMBLY -- Introduced by M. of A. HOYT -- read meeting to be held on April 19, 2005.
once and referred to the Committee on Labor Attached available for review in the City Clerk’s Office
AN ACT to amend the labor law, in relation to asbestos REFERRED TO THE COMMITTEE ON COMMUNITY
notification fees DEVELOPMENT
The People of-the State of New York, represented in
Senate and Assembly NO. 55
1 Section I. Section 904 of the labor law is amended by ESCAPING THRUWAY TOILS
adding a new 2 subdivision 5 to read as follows: Dear Mr. Chwalinski:
3 5. Any contractor who is employed by the City of Please file the attached item for the Common Council
Buffalo for the demolition of a building that. containsmeeting to be held on April 19, 2005.
asbestos, including independent 5 contractors, shall not RECEIVED AND FILED
be required to pay the asbestos notification fee
established pursuant to subdivisiontwo ofthis section. NO. 56
7 § 2. This act shall take effect immediately. WATER BOARD CONSIDERATION OF LIFESAVER
EXPLANATION--Matter in italics (underscored is new; PROGRAM
matter in brackets Dear Mr. Chwalinski:
[--] is old law to be omitted. Please file the attached item for the Common Council
RETRIEVE BILL meeting to be held on April 19, 2005.
SPONSORS MEMO: Dear Ms. Saxon:
NEW YORK STATE SENATE I am writing regarding the LineSaver program that was
INTRODUCER'S MEMORANDUM IN SUPPORT presented to the Water Board at their meeting on
submitted in accordance with Senate Rule VI. Scc 1 Wednesday, April 15, 2005.
LBD09981-01-5 t have sponsored a resolution requesting that the Board
BILL NUMBER: S3935 consider initiating this program for City of Buffalo
SPONSOR: STACHOWSKI residential water customers. Further, CouncUmembera
TITLE OF BILL: An act to amend the labor law, in had attended a presentation by American Water
relation to asbestos notification fees Resources on the same day that they presented to the
Requires that contractors who are employed by the City Board.
~
Those of us who were able to attend feel that this is a
assaulted by employees of the 3Room or other clubs
program that should in fact be offered to water
on the strip.
customers. This program can offer not only a sense of
I believe a person should be able to enjoy going to an
secudty and peace of mind to customers but also
establishment without worrying if they are going to be
tremendous savings if in fact they have a problem
assaulted from an employee. Thank you for taking the
and/or break in their water line.
time to look into this matter and I will be looking forward
A completely voluntary program such as this is a win-
to hearing from you.
win situation for the customer as well as the water
REFERRED TO THE COMMITTEE ON LEGISLATION,
system. In return for American Water Resources
THE COMMISSIONER OF POLICE, THE
utilizing the Water Board's billing service and customer
COMMISSIONER OF PERMITS AND INSPECTIONS,
database, they are offering a revenue sharing program
THE CORPORATION COUNSEL AND THE
from their receipts, which can rise to over $135,000 for
DIRECTOROF LICENSES
water system.
A completely voluntary program such as this must be
NO. 59
considered and if decided to be beneficial to the
SUPPORT ALLOWING PARTIAL COLLECTION
customer, implemented as soon as possible. At a time
BACK TAXES
when the Board is proposing water rate increases, an
Dear Commissioner Michaux:
opportunity for a new revenue stream should not be
As you may know, many Buffalo neighborhoods are
overlooked.
currently experiencing the ill effects of property flipping.
I urge that the Board review this proposal and respond
Flipping occurs when unscrupulous sellers target poor,
to the Common Council at the earliest possible time.
often minority home buyers who realize too late that
I look forward to the Board's comments and if the
they cannot afford the mortgage and the housing is not
Council or myself can be of any assistance, please do
worth what they paid. Flipped houses often result in
not hesitate to contact me.
mortgage defaults and re-flipping. Ultimately, houses
Sincerely,
remain vacant and deteriorate even further; reducing
Marc A. Coppola Councilmember
property values in many of the city's most vulnerable
REFERRED TO THE COMMITTEE ON FINANCE
neighborhoods.
Currently, many homes that ate eventually flipped are
NO. 57
initially purchased at the City's In Rein auction. The
COMMON COUNCIL ACTION PLAN
City's refusal to accept partial payments for back taxes
AVAILABLE FOR REVIEW IN THE CITY CLERK’S
has led to a higher than necessary foreclosure rate,
OFFICE
which, in turn has led to more houses being placed on
ADOPTED
the auction block, thereby fueling the flipping process.
As I recently indicated in a letter to "all Common
NO. 58
Council Members, preliminary research by a law intern
RD
COMPLAINT 3 ROOM BAR CHIPPEWA ST
in my office indicates that, according to New York State
Dear Council Members,
Real Property Tax Law Article 11, Title 4, Section 1184,
My name is Paul Henderson; I'm an Erie County
the City is able to accept partial payment for back taxes
employee who is a life long resident of the Ellicott
if it passes legislation to do so. This information has
District in the City of Buffalo
since been confirmed by a real estate lawyer. It" I am
th
On the morning of March 7while patronizing the
correct, a law passed by the Common Council could
rd
allow the collection of partial payment for back taxes. I
establishment of the 3Room Bar on 54 Chippewa St.
believe such a law would be beneficial to all those
I was accosted by an employee from the establishment
involved. Your support for such legislation could be of
which I felt was unjust. I have been a patron of the bar
great assistance in its passage end enactment.
for 13 years and I wanted to do was the lavatory at
Please do not hesitate to contact me should you have
closing time. The employee told me I could not use the
any questions regarding tins matter. I look forward to
facilities, I told the employee I was going to talk to the
hearing from you, and to our continued collaboration on
manager who I was acquainted with and while back
this and other important projects
was turned I was hit from behind and thrown out on to
REFERRED TO THE COMMITTEE ON LEGISLATION
the street unconscious, chipping my front tooth in the
AND THE CORPORATION COUNSEL
process. In addition, I lost a personal item.
I have filed a complaint with the Buffalo Police
NO. 60
Department against this employee and initiating a
INFO CITY COUNTY MERGER
complaint with the State Liquor Authority against the
I, Palricia A King, Town Clerk of the Town of Elma, Erie
rd
3Room Bar. Upon further investigation I have
County New York, do hereby certify that at a regular
discovered that numerous people have had
meeting of the Town Board of the aforesaid Town, on
confrontations with this particular establishment as well
th
the 6day of April, 2005 at the Elma Town Hall, 1600
as others on the Chippewa strip.
Bowen Road, Elma, New York, the following resolution
I'm requesting a hearing to see if their food and
was adopted, to wit:
beverage license can be revoked. In the past the owner
Councilman Cirocoo offered the following resolution
has made negative remarks about African-Americans in
end moved its adoption:
regards to who he would like to see patronize his
WHEREAS, in the Spring of 2004, the Erie County
establishment. I do not believe this to be a racially
Executive, the Mayor of the City of Buffalo, the
motivated incident; persons of various ethic
Chairman of the Erie County Legislature end the
backgrounds have had problems with employees of this
President of the Buffalo Common Council called for a
establishment.
Commission to review the advantage and challenges of
I'm requesting that the Buffalo Common Council look
merging the two largest local governments; and
into 911 calls from Chippewa Street area to see if there
WHEREAS, an eleven member Commission comprise
are other persons who have been harassed or
of county and city elected officials and citizens was resolution duly adopted by said Town Board are on file
created under the chairmanship of William Greiner, in my office.
former president of the State University of New York at I do further certify that the members of the Town Board
Buffalo; and are as follows:
WHEREAS, in January of 2005, the so-called "Greiner Supervisor Michael Nolan
Commission" issued its recommendation to merge the Councilpersons Bill Cirnceo, Susan Glownia,
County of Erie and City of Buffalo into the "Regional Dennis Powers and Dean Puleo
City of Buffalo" end transfer functions of the former City IN WITNESS WHEREOF, I have hereunto set my hand
of Buffalo to the new "Regional City" end the formation and seal of the said Town of Elma, Erie County, New
~
of a municipal services district in which residents of the
York, this 8day of April, 2005.
former City of Buffalo would be taxed for services that
Town Clerk, Town of Elma, NY
are provided within the municipal services district; and
RECEIVED AND FILED
WHEREAS, the Erie County Executive would be the
Chief Executive of this municipal services district and
NO. 61
would add additional responsibility to an already over
DESIGNATE DEVELOPER WATERFRONT VILLIAGE
burdened executive; and
PROPERTY
WHEREAS, under the plan, five regional city legislators
Dear Mayor Masiello,
would exclusively represent the residents of the
Late afternoon today, it came to our attention that you
municipal services district creating potential conflicts in
intend to designate a developer for the Waterfront
representing the interests of the regional city end
Village property adjacent to Rivermist and Admiral's
interests of the municipal services district and create
Walk. We believe that this designation is premature for
the potential for more divisions between the former City
the following reasons:
of Buffalo end its suburban counterparts; and
The work of the Advisory Committee, under the Buffalo
WHEREAS, the chief executive officer of the municipal
Urban Renewal Agency, was not fully completed;
services district, as well as department heads and
Minutes of the Advisory Committee meeting were never
employees would not necessarily be residents of the
distributed to the members of the Committee for
municipal services district, leaving residents of the
comment;
municipal services district with a significantly reduced
The Committee members did not appear to be at all
influence and "voice' in determining the quality end
impressed with the substantive content of the subject
quantity of services they desire; and
developer's response to the RFP, as evidenced by its
WHEREAS, this plan would increase the power of the
overall score of 66 out of 120; and
"regional city" in the area of planning that could
The entire process has been entirely too rushed,
interfere with the powers currently enjoyed by towns
without the interest of the City
and would also allow the "regional city" the power to
being fully served.
expend money for any public purpose end assess costs
Three homeowners (Dr.George Haar, Gull Landing, Len
to residents of a town without the consent of town
Chabot, Waterfront Village Advisory Council, and Frank
elected officials and is a backdoor approach to
Lysiak, Rivermist) represented the interests of the
eliminating town government without the consent of the
Waterfront Village residents on the Advisory
voters within a town; and
Committee. The Waterfront Village Advisory Council in
WHEREAS, this plan does nothing to improve the
turn shared the proposed plans with the representatives
structural disparity between revenues and expenditures
of the eight (8) associations within the Waterfront
facing both Erie County and the City of Buffalo; and
Village on March 31 st.
WHEREAS, larger, more bureaucratic and centralized
Among the eight (8) associations' areas of
governments are not necessarily more efficient than
environmental concern and impact are:
smaller, streamlined local governments; and
1.The aesthetic and physical layout of the proposed
WHEREAS, as a county, our attention and focus must
plan;
be on our unified demand that the State of New York
2. The size of the units (approximately 50% are less
reform the Medicaid System and that the costs of
than 790 square feet in size);
Medicaid be paid for by New York State.
3. The scarcity of parking area for the proposed 166
NOW, THEREFORE, BE IT RESOLVED, that the Town
units;
Board of the Town of Elma does hereby go on record
4.The asking prices for the proposed units starting at
as opposing the current recommendations of the
under $100,000, impacting surrounding property
"Greiner Commission;" and
valuations;
BE IT FURTHER RESOLVED, that in the event the
5.The details on the location and parking for the
"Greiner Commission" continues to explore regional
designated retail space; and
forms of governance that the composition of the
6. The lack of green space, walkways and harmony
Commission be expanded to include representatives of
with the rest of the design of the Waterfront
towns; and
development.
BE IT FURTHER RESOLVED, that copies of this
We are pleased with the City of Buffalo's initiative, and
resolution be sent to County Executive Joel Giambra,
are in favor of the development of the parcel within
Mayor Anthony Masiello, the Erie County Legislature,
Waterfront Village. However, we strongly believe that it
the Buffalo Common Council and to Supervisors of the
has to be the right development, and that the process
towns in Erie County.
should not be rushed. We request that you withhold
Seconded by Councilman Powers.
naming a designated developer until the above issues
Ayes-5. Noes-0. Carded.
can be mutually resolved.
I do further certify that I have compared the foregoing
REFERRED TO THE COMMITTEE ON COMMUNITY
with the original minutes of the regular meeting of the
DEVELOPMENTAND BURA
Town Board held on the 6th day of April, 2005, and that
the foregoing is a true and correct transcript from said
NO. 62
original minutes and the whole thereof, and that the
ALLEN C. MACHAMUR
TH
CONCERNS 4 OF JULY FIREWORKS held on Tuesday, April 19, 2005.
Available for review in The City Clerk’s Office Very truly yours,
REFERRED TO THE COMMITTEE ON LEGISLATION, Bonnie E. Russell
THE CORPORATION COUNSEL AND THE President Pro Tempore
COMMISSIONER OF POLICE University District Council Member
Dear Councilmember Russell,
NO. 63 On Tuesday, February 8, 2005, I received an
SEQR LEAD AGENCY DESIGNATION BUFFALO assignment from Paul Wolf to research the Residency
AND ERIE COUNTY BOTANICAL GARDEN MASTER Requirement for employees of the City of Buffalo and
PLAN specifically, the number of employees that are not
SOUTH PARK AVENUE residents of the city. Enclosed are the following
CITIES OF BUFFALO AND LACKAWANNA ERIE informational items:
COUNTY A copy of the Residency Requirement taken from the
This is in response to the March 4, 2005 letter we Charter. and Code of the City of Buffalo;
received from Mafia Lehman, Commissioner of Public 65 Niagara Square, Room 1413 Buffalo, New York
Works, which requested SEQR Lead Agency status for 14202-3318 Phone: (716) 851-5105
the Erie County Department of Public Works. Fax: (716) 851-4234
The site's north west boundary line appears to be within summary of Common Council Proceedings regarding
the 100 foot wide regulated area of a State Freshwater the Residency Requirement;
Wetland (BU-1). Pursuant to Article 24 of the NYS A record of the Common Council Proceeding on
Environmental Conservation Law a Freshwater 12/9/03 noting the adoption of a zero tolerance policy
Wetlands Permit may be needed from this Department, for residency violations; and
if project activities are planned for this portion of the A table consisting of the number of employees by
property. A field inspection would need to be performed department, the number of employees who are COB
by our wetland biologist to determine definite boundary residents and nonresidents, and the compliance
lines before this Department would be able to issue percentage rate.
such a permit. Additional copies of the above mentioned informational
The total site is located within an archaeologically items will be stored in the Council Staff Office, 1413
sensitive area. Therefore, if this Department is involved City Hall.
with any discretionary permits, an appropriate Respectfully yours,
investigation would have to be conducted in order to Karen Privateer Legislative Aide
satisfy the NYS Historic Preservation Act, unless prior Enclosures (4)
site disturbance can be verified. You may wish to REFERRED TO THE COMMITTEE ON LEGISLATION
contact the NYS Office of Parks, Recreation and THE CORPORATION COUNSEL AND THE
Historic Preservation at (518)237-8643 for further COMMISSIONER OF HUMAN RESOURCES
information.
This Department's Natural Heritage data files identifies NO 65
the possibility that the vascular plant, Harbinger-of- SHOOTOUT IN HOUSING DEVELOPMENTS IS
M
spring (Erigenia bulbosa), an endangered species may
4IN 5 DAYS THE BUFFALO NEWS I SUNDAY,
be found in the vicinity. If found, consideration should
APRIL 17, 205
be given to this species which is listed under NYS
Dear Mr. Chwalinski:
regulation 6NYCRR Part 193.
Attached please find the above-referenced item to be
Please be aware that if asbestos exists in the buildings
filed as a late file for the Buffalo Common Council
to be rehabilitated, the protection of workers is
meeting to be held on Tuesday, April 19, 2005.
regulated by the New York State Department of Labor
Very truly yours,
(716/847-7126) and Occupational Safety and Health
Bonnie E. Russell
Administration (OSHA) 716/684-3891. In addition, the
President Pro Tempore
disposal of friable (readily crumbled and brittle)
University District Council Member
asbestos is regulated by this Department under 6
Available for review in the City Clerk’s Office
NYCRR Part 360-2.17(p)
REFERRED TO THE COMMITTEE ON FINANCE
For more information on the disposal of friable
asbestos, please contact Mr. Mark Hans (716/851-
NO. 66
7220) at this Department.
INFO APPOINTMENT TO BOARD
We concur that the Erie County Department of Public
Dear Ms. Baldwin:
Works should act as SEQR Lead Agency, as the
We are in receipt of your March 28, 2005 letter
environmental impacts of the proposal are primarily of
regarding the appointment of Marilyn Rogers to the
local significance.
Board of Directors of the Rental Assistance Corporation
Thank you for providing this office the opportunity to
of Buffalo (RACB). The Board will certify Ms. Rogers
review the proposed project. If you have any questions,
appointment at the Annual Meeting on June 8, 2005.
please feel free to contact Ms. Denise Matthews or me
We will contact Ms. Rogers prior to the June 8 meeting
at 716/851-7165.
and invite her to an orientation.
RECEIVED AND FILED
Very truly yours, Executive Director
RECEIVED AND FILED
NO. 64
CITY OF BUFFALO
NO. 67
RESIDENCY REQUIREMENTS
EXTENSION OF EMPIRE ZONE
NUMBER OF EMPLOYEES NOT RESIDENTS OF
Dear Mr. Chwalinski:
THE CITY
I am writing to respectfully request your assistance in
Attached please find the above-referenced item to be
filing the attached document for the next Common
filed for the Buffalo Common Council meeting to be
Council meeting on April 19, 2005.
I thank you for your assistance in this matter. Should the Republican leader of the Senate, would each
you have any questions, please feel free to contact me designate a voting member, a move that would dilute
at (716) 851-5145. the authority of the Empire State Development
Antoine M. Thompson Corporation, which oversees the program.
Masten District Council Member Charles A. Gargano, the chairman of the corporation,
City of Buffalo said the new board would "politicize the process," and
Development Program Gets New Life, but Not Without undermine decisions made on the local level. He said
Debate other changes were "technically and substantively
LBANY, April 5 - In the budget they passed flawed" and would complicate the program for
last week, state lawmakers authorized an extension of businesses, putting New York in danger of losing jobs
the Empire Zones, an economic development program to other states or nations.
that has been criticized for becoming But Dan Weiller, a spokesman for Mr. Hevesi, said the
too politicized and straying from its mission of lawmakers addressed many areas of concern.
revitalizing New York's blighted areas. "The program will have increased accountability at the
The Empire Zones program has expanded markedly, local and state levels," he said.
growing from 10 zones in 1987 to 72 zones spread Frank Mauro, executive director of the Fiscal Policy
across the state. The zones are meant to attract Institute, a union-backed research group, said the
businesses by offering limited tax breaks, spurring job lawmakers' work was "a mixed bag - some good and
growth in those areas. But critics have wondered if some bad." He said it was contradictory to try to refocus
adding more zones has diluted their effectiveness and if the zones in economically distressed areas, while
the growth of zones in suburban areas has encouraged allowing for the creation of one in every
sprawl. County.
Audits by State Comptroller Alan G. Hevesi have found In the end, Mr. Bruno said he was still listening to the
that the program gave breaks to companies even Pataki administration's objections. "They feel that it's
though they had cut jobs, a notion the Pataki problematic, in terms of the way we have submitted it,"
administration disputes. Assemblyman Richard L. he said. "And we're talking about it."
Brodsky, a Westchester Democrat who led REFERRED TO THE COMMITTEE ON COMMUNITY
investigations into the program, said there were DEVELOPMENT AND THE DIRECTOR OF
growing concerns that political favoritism was at play in STRATEGIC PLANNING
drawing the zone boundaries and in deciding which
companies should get benefits. NO. 68
In extending the program, Mr. Brodsky said, lawmakers SUPPORT OF COMMUNITY ENRICHMENT FUND
moved to "stop the waste and fraud that permeated the I am writing to respectfully request your assistance in
program over the last half-dozen years," as well as to filing the attached document for the next Common
help return it to its antipoverty roots. Council meeting on April 19, 2005.
To satisfy Democrats who control the State Assembly, I thank you for your assistance in this matter. Should
the lawmakers linked the tax benefits for companies you have any questions, please feel free to contact me
within the zones to the value of the jobs created. They at (716) 851-5145.
sought to limit the practice by which new companies Sincerely,
claimed tax breaks, often worth hundreds of thousands On behalf of the many artists and arts organizations
of dollars, even for creating a single job, though Gov. that call the City of Buffalo home, I commend you and
George E. Pataki sought to go further in reducing that thank you for your efforts to revive arts funding through
potential for abuse in two areas: power plants and real the establishment of the Community Enrichment Fund.
estate investment trusts. This new concept allows the citizens of Buffalo to play a
They also reconfigured the zones to make them more vital role in the future of Buffalo's cultural assets, of
contiguous. And they called for creating 12 new zones which there are many. It is also a further demonstration
by 2009, to meet the Republican-led Senate's aim that of your personal understanding, that even under the
no county be without the program's benefits. financial distress currently being experienced by our
Currently, there are 11 counties that do not have zones. municipal governments, that forward thinking actions
Though there are zones in New York City, Sheldon that protect the quality of life and the quality of our
Silver, the Democratic speaker of the State Assembly, economy must be taken.
has bristled over the state's failure to approve one in Giving our citizens the opportunity to express support of
Chinatown, which is in his district and has suffered our city assets, I believe will increase pride and
since the Sept. 11 terrorist attack. ownership. Having the ability to reach 60,000 homes
As in other areas of the budget, the lawmakers' plan for directly, four times a year, also suggests great income
the program is subject to scrutiny by Mr. Pataki, who potential. If each of those 60,000 homeowners donated
voiced opposition to the proposal even before they $2.00 there would be an immediate establishment of a
included it in their budget. Mr. Pataki has until Tuesday fund valued at $480,000. That's a fabulous opportunity
to issue vetoes. It is unclear if the Empire Zones issue for our city. Of course, this number does not reflect the
will become entangled in negotiations over proposals 30,000 notices that go to box office boxes or
left out of the budget, including $1.1 billion for needy commercial addresses with that in mind, the potential is
New Yorkers, and no one in Albany seemed willing to even greater!
talk of compromises. Thank you for your leadership, care and concern for our
"Our staff is making it clear we want to see changes in non-profit community, and for the arts in general.
this program," said David Catalfamo, the governor's RECEIVED AND FILED
communications director. "It's a big priority."
In extending the program until 2011, lawmakers also NO. 69
established a new board to oversee the creation of new FAIR HOUSING PROPOSED ORDINANCE DEAR
zones and to rule on boundary issues for all existing MR. CHWALINSKI:
zones. The governor, Mr. Silver and Joseph L. Bruno, Please file the attached information for the next
Common Council Meeting. B. 5. Samuel Capitano, 245 Georgia Street, 14201
Thank you, This is a claim for damages incurred as a result of a
Antoine Thompson city-owned tree falling at 234-236 Georgia Street.
REFERRED TO THE COMMITTEE ON LEGISLATION $1,495.88
AND THE CORPORATION COUNSEL B. 6. Maria Castro, 141 Arkansas Street, 14214
This is a claim for reimbursement for a radio, speakers
PETITIONS and amplifier, which were stolen out of the vehicle while
it was at the Dart Street, impound garage in December
NO.70 of 2003. $500.00
Steven VU, Owner, Use 395 Main Street for A B. 7. Kevin L. Dixon, 105 St. Mary's Road, 14211
Sandwich Sign (Ellicott) (No Pub Hrg) This is a claim for damages incurred as a result of
REFERRED TO THE COMMITTEE ON LEGISLATION, branches and limbs falling from a city-owned tree at
THE CITY PLANNING BOARDAND THE 106 St. Mary's Road. $1,375.02
CORPORATION COUNSEL B.8. Terri Hoffmann, 85 Unger Avenue, 14210
This is a claim for damages incurred as a result of a
Regular Committees large limb falling from a city-owned tree at 76 Unger
CLAIMS Avenue. $4,300.00 B.9.Jason R.
(COPPOLA Chairman) Junn, 109 Ross Avenue, 14207
This is a claim for reimbursement for 2 Honda Dirt
NO. 71 Bikes, which has been impounded by the Buffalo Police
Personal Injury Department on August 10, 2004.
That, upon the recommendation of the Corporation $1,250.00
Counsel, the following actions for personal injury B.10. Eileen Keller, 106 Pacific Street, 14207
arising out of alleged negligence on the part of the This is a claim for two (2) new tablecloths, which were
City of Buffalo be compromised and settled: ripped by workers when they were moving tables out of
A.1. Erie Insurance Company a/s/o Pine Hill Coffee the lunchroom in the Law Department.
Service $10.00
Inc. vs. City of Buffalo B.11.Gerald Mashtore, 194 Millhurst Road, $ 15,000.00
A.2. Ann E. Evanko vs. City of Buffalo Lackawanna, 14218 $ 15,000.00
A.3. Bernice Hall vs. City of Buffalo This is a claim for damages incurred as a result of $ 6,000.00
A.4. Robert C. Harris and Marcia D. Sykes vs. branches and limbs falling from a city-owned tree at
City of Buffalo $150,000.00 579 West Delavan Avenue. $259.80
A.5. Nicholas P. Taylor vs. City of Buffalo, et al. B.12.Louis Mendez, 31 Garvey Avenue, 14220
$ 12,000.00 This is a claim for damages incurred as a result of a
A.6. John Toth vs. City of Buffalo, et al. $ 1,500.00 city-owned tree at 188 Ladner Street falling. $2,900.00
A.7. James Long v. City of Buffalo $ 5,000.00 B.13. Kevin Muscoreil, 583 West Delavan Avenue #2,
A.8. Alfreda Taylor v. City of Buffalo $ 3,000.00 14222
That checks be drawn on the account of Org 17221008 This is a claim for damages incurred as a result of
(480205) Judgment and Claims Prior Years, or branches and limbs falling from a city-owned tree at
(480204) Current Fiscal Year, payable to the respective 583 West Delavan Avenue on November 28, 2004.
claimants or plaintiffs and their attorneys, if any, herein $2,545.75
above named, in the amounts set opposite their names B. 14. Todd Osinski, 4678 Big Tree Road,
and delivered to them upon execution and delivery to Hamburg, 14075
the Corporation Counsel of proper releases and closing This is a claim for damages to a 2002 Ford Explorer on
papers. December 13, 2004 at 246 Fillmore Avenue. $541.48
PASSED B.15. Janice Vertlieb, 2822 Homeyer Rd., Wheatfield,
AYES – 9 NOES – 0 14120
This is a claim for costs incurred as a result of a stolen
NO. 72 vehicle, which was recovered but not taken off the
Property Damage system and subsequently impounded and towed by the
That, upon the recommendation of the Corporation City of Tonawanda Police Department.
Counsel, the following actions for personal injury $118.08
arising out of alleged negligence on the part of the B.16. Madonna Wilburn, 240 Northcrest, Cheektowaga,
City of Buffalo be compromised and settled: 14225
B.1.Daniel L. Baker, 240 Madison Street, 14206 This is a claim for reimbursement for damages to a
This is a claim for damages incurred as a result of 1990 Buick last December. This matter was scheduled
branches and limbs falling from a city-owned tree on a for small claims court on March 14, 2005. This claim
city-owned lot at 445 Jefferson Avenue. $1,075.00 was denied at a previous Claims Committee
B. 2. Joan Bradley, 87 Pershing Avenue, 14211 meeting. Claimant originally sought over $5,000 in
This is a claim for damages incurred as a result of damages. The Claims Committee denied a previous
branches and limbs falling from a city-owned tree on a settlement offer of $3,209.24.
city-owned lot at 348 Landon Street. $1,418.00 $2,000.00
B. 3. Leola Bradley, 346 Landon Street, 14211 That checks be drawn on the account of Org 17221008
This is a claim for damages incurred as a result of (480205) Judgment and Claims Prior Years, or
branches and limbs falling from a city-owned tree on a (480204) Current Fiscal Year, payable to the respective
city-owned lot at 348 Landon Street. $1,870.72 claimants or plaintiffs and their attorneys, if any, herein
B. 4. Patricia A. Bulera, 212 Koons Avenue, 14211 above named, in the amounts set opposite their names
This is a claim for damages incurred as a result of a and delivered to them upon execution and delivery to
tree falling from a city-owned lot at 215 Goodyear the Corporation Counsel of proper releases where such
Street. $420.00 releases are indicated.
PASSED That a check be drawn on the account of Org 17221008
AYES – 9 NOES – 0 (480205) Judgment and Claims Prior Years, or
(480204) Current Fiscal Year, payable to the respective
No. 73 claimants or plaintiffs and their attorneys, if any, herein
Miscellaneous Invoices above named, in the amounts set opposite their names
That upon the recommendation of the Corporation and delivered to them upon execution and delivery to
Counsel and the appropriate City Departments, the the Corporation Counsel of proper releases where such
following claims be paid: releases are indicated.
C. 1. CEF Enterprises, 326 Plymouth Avenue, 14213 PASSED
This is a claim for payment of five (5) sewer and water AYES – 9 NOES – 0
cut offs done prior to City bid demolitions during 2003.
$4,500.00 NO. 75
C. 2.Michael R. Courneen, 169 Century Road, 14215 Report to the Claims Committee
This is a claim for payment of a software program E.1. Broadway Market (for Musso Plumbing, 8574
purchased by claimant on behalf of the City of Buffalo. Sheridan Drive, Williamsville, NY 14221)
$3,510.00 (Item #66, CCP 11/30/2004) and Claims Committee
C. 3.Motorola, 13108 Collections Center Drive, Chicago Meeting on 2/3/2005)
60693 This is a claim for payment of prior fiscal year invoice
This is a claim for payment of Invoice No. 87047007 for for work done at the Broadway Market in April of 2004.
a shipment of microphones for the Fire Department. $15,795.00
$1,570.66 E.2.Western New York Realty Funding, 135 Delaware
C. 4.Quality Plus, Inc., 60 Lawrence Bell Drive, Avenue, P.O. Box 101 l, Buffalo 14240
Williamsville 14221 (Item #64, CCP 11/30/2004 and Item #77, CCP
This is a claim for payment of Invoice No. $8737 for 2/8/2005)
services rendered to the Police Department in their This is a claim for payment of Prior Fiscal Year Invoice
computer room in July, 2003. $829.78 No. 11882800 dated December 31, 2003, which was
That checks be drawn on the account of Org 17221008 never submitted to the Buffalo Fire Department until
(480205) Judgment and Claims Prior Years, or September 7, 2004. $4,802.29
(480204) Current Fiscal Year, payable to the respective E.3.Western New York Realty Funding, 135 Delaware
claimants or plaintiffs and their attorneys, if any, herein Avenue, P.O. Box 1011, Buffalo 14240
above named, in the amounts set opposite their names (Item #74 CCP 2/8/2005).
and delivered to them upon execution and delivery to This is a claim for payment of an invoice which was not
the Corporation Counsel of proper releases where such submitted for payment to the Buffalo Fire Department
releases are indicated. until recently for the city's 54% of fire and liability
Passed insurance for the property located at 497 Southside
AYES –9 NOES – 0 Avenue, as per the Lease.
$ 392.04
NO. 74 That a check be drawn on the account of Org 17221008
Miscellaneous Reimbursement (480205) Judgment and Claims Prior Years, or
That upon the recommendation of the Corporation (480204) Current Fiscal Year, payable to the respective
Counsel and the appropriate City Departments that the claimants or plaintiffs and their attorneys, if any, herein
following claim be paid: above named, in the amounts set opposite their names
D.1.Robert C. Babcock, Jr., 4845 Transit Road, No. D9, and delivered to them upon execution and delivery to
Depew, 14043 the Corporation Counsel of proper releases where such
This is a claim for reimbursement of towing and releases are indicated.
impoundment charges which claimant paid to the Passed
Cheektowaga Police Department following his arrest on AYES – 9 NOES – 0
March 12, 2004. $102.84
D.2.Todd Capotelli, 183 Forest Avenue, 14213 CIVIL SERVICE
This is a claim for reimbursement of monies paid to the (Bonnie E. Russell, Chairperson)
city of Buffalo for release of claimant's automobile.
$90.00 D.3.Paul J. Saliterman, 68 NO. 76
Days Park #1, 14201 Appt Computer Programmer (Perm)(Third
This is a claim for reimbursement of monies paid to the Step)(Honrado)
City of Buffalo for the release of claimant's automobile. (C.C.P # 11, Apr 5)
$140.00 That the Permanent Appointment of Frank Honrado,
D.4.Darien Walker, 101 Wasmuth Street, 14211 121 Delsen Court, Buffalo NY 14216 Third Step of
This is a claim for reimbursement of monies paid to the $41,516 be the same and is approved.
City of Buffalo for the release of a 1994 Buick from the PASSED
Dart Street Garage. $90.00 AYES -9 NOES - 0
D.5.Barbara Waz, 415 Smith Street, 14210
This is for reimbursement of towing and storage NO.77
charges incurred as a result of her vehicle being towed Appt Computer Programmer (Perm)(Fourth
by the City for a seventy-two (72) hour violation. Step)(Zingorenko)
$165. (C.C.P # 12, Apr 5)
D.6 Norman and Joyce Whitt, 93 LeBrun Road, That the Permanent Appointment of Peter Zingorenko,
Amherst, 14215-1109 898 Parkside, Buffalo NY 14216 Fourth Step of $43,122
This is a claim for reimbursement of user fees paid by be the same and is approved.
claimant since 2002 for property at 422 Winspear PASSED
Avenue. $286.29 AYES -9 NOES - 0
Mr. Davis moved that the above item be recommitted to
NO. 78 the Committee on Finance.
Appt Junior Data Control ADOPTED
Clerk(Perm)(Max)(Smith)(A&F)
(C.C.P # 27, Apr 5) LEGISLATION
That the Permanent Appointment of Marlene L. Smith, (Richard A. Fontana, Chairman)
52 Stewert Ave, Buffalo, 14211 At the Maximum Salary
of $28,493 be the same and is approved. NO. 87
PASSED O. Rauvenpoor, Petition to Use 1009 Elmwood -
AYES -9 NOES - 0 Sidewalk Care
(Item No. 48, C.C.P., Apr. 5, 2005)
NO. 79 That after the public hearing before the Committee
Notices of Appointments, Temp/Prov/Perm on Legislation on April 12, 2005, the petition of O.
(CCP#44, Apr 5) Rauvenpoor, owner, for permission to use 1009
That the above item be and the same hereby is Elmwood Avenue for a sidewalk caf6 (8' x 20') be,
Received and Filed and hereby is approved.
ADOPTED PASSED
AYES – 9 NOES – 0
FINANCE
(Brian C. Davis, Chairman) NO. 88
G. Kallas, Petition to Use 212 Pearl Street a/k/a 127
NO. 80 Franklin Street for a Sandwich Sign
Police Payroll Review 2002, 2003, 2004, 2005 (Item No. 49, C.C.P., Apr. 5, 2005)
(Compt) That after the public hearing before the Committee on
(CCP#10, 4/05) Legislation on April 12, 2005, the petition of G. Kallas,
That the above item be and the same hereby owner, for permission to use 212 Pearl Street a/k/a 127
referred to the Committee on Budget. Franklin Street for a sandwich sign (3' x 5') be, and
ADOPTED hereby is approved.
NO. 81
J. Campolong-Delinquent Water Charges-NO. 89
Foreclosure Revenue Forcast (Misc) Crime Victims and Towing Charges (CC)
(CCP#39, 4/05) (CCP#23, 04/5)
That the above item be and the same hereby is That the above item be and the same hereby is
received and filed. received and filed
ADOPTED ADOPTED
NO. 82 NO. 90
A. Thompson-A. Bain-Vacant Lot Cut 149 Glenwood D. Gilbert-Response to NYS Thruway Capital Plan &
Ave Toll Adjustment
(CCP#64, 1/11) (CCP#40, 04/5)
That the above item be and the same hereby is That the above item be and the same hereby is
received and filed. received and filed
ADOPTED
NO. 83 NO.91
P. Hotung-Main Place Liberty Group-Purchase COB Local Law Intro. No. 5 (2005) Commissioner of
Int.-Main P1. Pkg. Ramp Strategic Planning
(CCP#54, 7/06) (Item No. 88, C.C.P., Apr. 5, 2005)
That the above item be and the same hereby is That after the public hearing before the Committee
received and filed. on Legislation on April 12, 2005, the Local Law as
ADOPTED contained in Item No. 88, C.C.P., April 5, 2005, be
and the same hereby is approved.
NO. 84 PASSED
Potential Sale of Main Place Parking Ramp AYES – 7 NOES – 2
(CCP#77, 7/20) AYES – CONRAD, COPPOLA, DAVIS, FONTANA,
That the above item be and the same hereby is FRANCZYK, RUSSELL AND THOMPSON – 7
received and filed. NOES – BONIFACIO AND GOLOMBEK – 2
ADOPTED
NO.92
NO. 85 Ordinance Amendment - Chapter 81 - Auctions and
B. Davis-One HSBC Center Subterranean Garage Auctioneers
(CCP#52, 9/21) (Item No. 94, C.C.P., Apr. 5, 2005)
That the above item be and the same hereby is That after the public hearing before the Committee
received and filed. on Legislation on April 12, 2005, the Ordinance
ADOPTED Amendment as contained in Item No. 94, C.C.P.,
April 5, 2005, be and the same hereby is approved.
NO. 86 AYES – 9 NOES – 0
Recycling Education (PW)
(CCP#28, 3/22) NO. 93
st
(ITEM# 3 CCP APR 5, 2005
Rezoning of 107 Wakefield (Masten)(1Res Only)
That the above item be, and the same hereby is
(CCP#100, 04/5)
returned to the Common Council without
That the above item be and the same hereby is
recommendation.
received and filed
That after publication of said item, Mr. Coppola made a
ADOPTED
motion to open the public hearing seconded by Mr.
Davis
NO. 94
Appearances
J. BANNON, PETITION TO USE 100 SENECA
Maria Scinta, BURA
STREET- NON ACCESSORY SIGN
Mr. Tom McGaughlin, City Mission
(ITEM NO. 61, C.C.P., MAR. 8, 2005)
Brian Davis
That after the public hearing before the Committee on
Mr. Coppola made a motion to close the public hearing
Legislation on March 15, 2005, the petition of J.
Seconded by Mr. Fontana
Bannon, owner, for permission to use 100 Seneca
Carried
Street for a non-accessory sign be, and hereby is
Mr. Golombek moved:
denied.
That the Buffalo City Mission and/or other legal entity to
DENIED
be formed was duly designated as qualified and eligible
Redeveloper by the Buffalo Urban Renewal Agency, is
NO. 95
hereby approved as the Redeveloper of 150 E. North
ESTABLISHMENT OF OFFICE OF HOMELAND
Street in the Oak Street Redevelopment Project NYR-
SECURITY/EMERGENCY MANAGEMENT (COMM
197 Urban Renewal Area; and
SVS)
That the Mayor, the Chairman, Vice-Chairman, or any
(CCP#40, 03/8)
officer of the Buffalo Urban Renewal Agency is hereby
That the above item be and the same hereby is
authorized to execute any and all deeds or other
received and filed
documents necessary to convey land described in the
ADOPTED
proposed "Land Disposition Agreement" to Buffalo City
Mission, as Agent for a LLC to be formed and/or other
NO. 96
legal entity to be formed in accordance with the terms
LL INTRO# 1 ARTICLE 6 OF THE CHARTER
of said Agreement and for the consideration recited
ESTABLISH STRATEGIC PLANNING
therein.
COMMISSIONER
That this approval became conditioned upon the COB
(CCP#130, 02;8)
receiving 90% of the proceeds of the Sale
That the above item be and the same hereby is
PASSED
received and filed
AYES - 9 NOES - 0
ADOPTED
NO. 101
NO. 97
RESULT NEGOTIATION 149 & 153 LOMBARD
LL INTRO# 2 ARTICLE 18 OF THE CHARTER OF
(ITEM# 5 CCP APR 5 2005
THE COB ESTABLISH STRATEGIC PLANNING
That the above item be, and the same hereby is
COMM
returned to the Common Council without
(CCP#131, 02/8)
recommendation.
That the above item be and the same hereby is
That the above item be and the same hereby is
received and filed
received and filed
ADOPTED
ADOPTED
NO. 98
NO. 102
ORDINANCE AMENDMENT - CHAPTER 414-3
D. BONIFACIO-NEW PEACE BRIDGE VISITOR
(SPECIAL EVENTS)
CENTER
(ITEM NO. 118, C.C.P., DEC. 28, 2004) (ITEM NO. 84,
(CCP#36, 04/5)
C.C.P., JAN. 25, 2005)
That the above item be and the same hereby is
That after the public hearing before the Committee on
received and filed
Legislation on January 18, 2005, the Ordinance
ADOPTED
Amendment as contained in Item No. 118, C.C.P.,
December 28, 2004, be and the same hereby is
NO. 103
received and filed.
RESULTS NEGOTIATION- 1181 JEFFERSON
ADOPTED
(ELL)(STRAT PLAN)
(CCP#9, 03/22)
NO. 99
That the above item be and the same hereby is referred
CRIME VICTIMS HAVING TO PAY TOWING
to the Committee on Finance
CHARGES
ADOPTED
(CCP#125, 03/22)
That the above item be and the same hereby is
NO. 104
received and filed
RESULTS NEGOTIATION-339 PRATT (ELL)(STRAT
ADOPTED
PLAN)
(CCP#10, 03/22)
COMMUNITY DEVELOPMENT
That the above item be and the same hereby is referred
(JOSEPH GOLOMBEK JR., CHAIRMAN)
to the Committee on Finance
ADOPTED
NO. 100
OAK STREET REDEVELOPMENT PROJECT
NO. 105
SALE OF LAND-150 E. NORTH STREET
OPPOSE DEMOLITION OF EM ATWATER HOUSE commercial districts by encouraging and providing a
(LAST RES) comprehensive revitalization program. Having launched
(CCP#176, 09/21) the CARE program through a partnership between
That the above item be and the same hereby is residents, businesses, public and not-for-profit entities,
received and filed BERC is strongly positioned to successfully administer
ADOPTED a Main Street revitalization program.
Now, Therefore, Be It Resolved: the Common Council
NO. 106 of the City of Buffalo enthusiastically endorses the
QUESTION RE PANO'S EXP REQUIRE A Grant/Ferry Neighborhood Revitalization Program
RESTRICTED USE PERMIT PRIOR TO DEMO application for fagade improvements to eligible
PERMIT buildings within the targeted CARE (Commercial Area
ND
Revitalization Effort) Program and calls upon the State
(2RES)(#131.11/3) (CCP#98, 11/16)
of New York to give every consideration to funding this
That the above item be and the same hereby is
very worthy submission to the
New York State Main
received and filed
program.
Street
ADOPTED
ADOPTED
NO. 107
NO. 110
NEED CAP FUNDS-EMERG DEMOS IN COB
APPOINTMENTS LEGISLATIVE ASSISTANTS TO
(#108,9/2)
SOUTH DISTRICT COUNCILMEMBER
(CCP#111, 11/3)
BY: MR. CONRAD
That the above item be and the same hereby is
I hereby appoint David A. Wellenzohn Legislative
received and filed
Assistant to Councilmember effective April 11, 2005
ADOPTED
and Amanda B. Lonergan Legislative Assistant to
Councilmember effective April 25, 2005 pursuant to
NO. 108
Section 3-7 of the Charter of the City of Buffalo.
D. BONIFACIO-SECURITY REQUIREMENTS-PEACE
Seconded by Mr. Coppola
BRIDGE PLAZA
ADOPTED.
(CCP#50, 02/22)
That the above item be and the same hereby is
NO. 111
received and filed
BY: COUNCILMEMBER CONRAD.
ADOPTED
SENECA STREET REDEVELOPMENT PROGRAM
APPLICATION TO THE NEW YORK STATE MAIN
RESOLUTIONS
STREET PROGRAM
Whereas: The State of New York recently unveiled a
NO. 109
new $20 million grant program to
New YorkMain Street
BY: COUNCILMEMBER NICK BONIFACIO CO-
help revitalize communities through building
SPONSOR(S): MESSRS.
renovations, downtown business or cultural anchors
GRANT/FERRY NEIGHBORHOOD REVITALIZATION
and streetscape enhancements ancillary to other
PROGRAM CARE APPLICATION TO THE NEW
program activities; and
YORK STATE MAIN STREET PROGRAM
Whereas: Directed by the State Housing Trust Fund
Whereas: The State of New York recently unveiled a
Corporation and the Division of Housing and
new $20 million grant program to
New YorkMain Street
Community Renewal, this program will fund up to
help revitalize communities through building
$200,000 on a competitive, reimbursement basis to not-
renovations, downtown business or cultural anchors
for-profits that will serve as Local Program
and streetscape enhancements ancillary to other
Administrators and in turn administer local grant
program activities; and
programs along eligible commercial corridors; and
Whereas: Directed by the State Housing Trust Fund
Whereas: The Office of Strategic Planning welcomes
Corporation and the Division of Housing and
this new State funding source as it strengthens the
Community Renewal, this program will fund up to
goals and actions for revitalization identified in the
$200,000 on a competitive, reimbursement basis to not-
City's Comprehensive Plan, the CARE (Commercial
for-profits that will serve as Local Program
Area Revitalization Effort) program and the Mayor's
Administrators and in turn administer local grant
Livable Communities Initiative which uses the targeted
programs along eligible commercial corridors; and
approach in designated neighborhoods known as
Whereas: The Office of Strategic Planning welcomes
Comprehensive Code Enforcement Areas (CCE); and
this new State funding source as it strengthens the
Whereas: Buffalo Economic Renaissance Corporation
goals and actions for revitalization identified in the
is applying for $200,000 in fagade enhancement dollars
City's Comprehensive Plan, the CARE (Commercial
targeted to eligible buildings within the CARE areas
Area Revitalization Effort) program and the Mayor's
whose geography includes Lower Niagara Business
Livable Communities Initiative which uses the targeted
District, Downtown Main Street, Grant/Ferry, Jefferson
approach in designated neighborhoods known as
Avenue Business Corridor and the Fillmore-Leroy area
Comprehensive Code Enforcement Areas (CCE); and
connecting with improvements to the Central Park
Whereas: Buffalo Economic Renaissance Corporation
Plaza. The CARE program was created to promote the
is applying for $200,000 in fagade enhancement dollars
economic vitality of Buffalo's older neighborhood
targeted to eligible buildings within the CARE areas
commercial districts by encouraging and providing a
whose geography includes Lower Niagara Business
comprehensive revitalization program. Having launched
District, Downtown Main Street, Grant/Ferry, Jefferson
the CARE program through a partnership between
Avenue Business Corridor and the Fillmore-Leroy area
residents, businesses, public and not-for-profit entities,
connecting with improvements to the Central Park
BERC is strongly positioned to successfully administer
Plaza. The CARE program was created to promote the
a Main Street revitalization program.
economic vitality of Buffalo's older neighborhood
Now, Therefore, Be It Resolved: the Common Council seconded by Mr. Davis
of the City of Buffalo enthusiastically endorses the AYES – BONIFACIO, CONRAD, COPPOLA, DAVIS,
Seneca Street Redevelopment Program application for FONTANA, GOLOMBEK, RUSSELL & THOMPSON –
fagade improvements to eligible buildings within the 8 NOES – FRANCZYK - 1
targeted CARE (Commercial Area Revitalization Effort)
Program and calls upon the State of New York to give NO. 113
every consideration to funding this very worthy BY: MR. COPPOLA
submission to the program.
New York State Main Street ORDINANCE AMENDMENT CHAPTER 511, ZONING
ADOPTED (HRG 5/3)
The Common Council of the City of Buffalo does hereby
NO. 112 ordain as follows:
BY: MR. COPPOLA That Chapter 511 of the Code of the City of Buffalo be
RE: ORDINANCE AMENDMENT amended to read as follows:
CHAPTER 264, RENTAL DWELLING UNIT § 511-95. Adult uses; uses subject to special regulation.
REGISTRATION It is recognized that there are some uses which have
The Common Council of the City of Buffalo does hereby serious objectionable operational characteristics when
ordain as follows: several of them are concentrated under certain
That Chapter 264 of the Code of the City of Buffalo be circumstances or when they are in close proximity to
amended to read as follows: churches, schools, playgrounds, child-care centers,
§264-21,Fees. public parks or community centers, producing a
A. Certificate issuance. The fee, to be submitted at the deleterious effect upon adjacent areas. Special
time of application, for the issuance of a rental dwelling regulation of these uses is necessary to ensure that
unit registration certificate and the first year fee, shall adverse effects will not contribute to the blighting or
be $20 for a rental dwelling unit in a single-family downgrading of the surrounding neighborhood. The
dwelling, and $40 for a two-unit rental dwelling. primary reasons for regulation is to maintain
B. Annual renewal fee. The owner of a rental dwelling established standards of decency pursuant to Chapter
unit shall pay [an annual] -a renewal fee of $20 for a 299 of the Ordinances of the City of Buffalo, and to
single-unit rental dwelling and $40 for a two-unit rental prevent a concentration of these uses in any one area
dwelling, commencing on July 1, 2004, and payable which could create adverse neighborhood effects. To
[each year] every three (3) years thereafter. The owner enforce the restrictions upon the location of such uses,
remains obligated to pay such fee during ownership of it is necessary for the City to issue permits for all
the rental dwelling unit, and shall pay any delinquencies existing and new uses established or operating in
therein before transferring all or any part of the accordance with this section. It is recognized that many
ownership of said unit. Notwithstanding the foregoing, a of the uses regulated by this section involve potentially
new owner making application for a certificate is large profits which entice owners of buildings within the
obligated, and shall be required, to pay all such current City to ignore the provisions of this chapter and
and delinquent annual fees with the application. disregard the adverse effects upon the neighborhood
C. No fee for new buildings. There shall be no fee when leasing their property. It is necessary, therefore,
charged for the issuance of a rental dwelling unit to regulate owners of real property devoted in whole or
registration certificate for new dwellings at the in part to adult uses as well as operators of commercial
completion of their construction covered by a building establishments involving such uses. Uses subject to
permit. these controls are as follows:
D. Inspection fees. Every property owner shall pay a A. Adult uses: adult bookstores, adult motion-picture
fee of $75, to be assessed against the property, for theaters, including adult video stores, commercial
each inspection after the second inspection in which establishments offering private visual presentations or
violations of a state or local building code are found, commercial establishments offering body rubs, as
unless such fee is waived by the Bureau of defined in § 511-4 of this chapter, and exotic cabarets
Administrative Adjudication. Inspectors shall assess the as defined in § 511-4 of this chapter.
fee, after consultation with the Chief Building Inspector (1) It shall be unlawful to hereafter establish any adult
or the Commissioner of Inspections, Licenses and bookstore, adult motion-picture theater, including adult
Permits, when, in the evaluation of the inspector, the video stores, commercial establishments offering
status of the violation has not progressed or been private visual presentations, commercial establishments
satisfactorily completed. The fee shall not be applicable offering body rubs or exotic cabarets in any district
to inspections ordered after the commencement of a other than a CM- or M-zoned district, within [750] ~ feet
court action. of another adult use or within [750] ~ feet of any R-
It is hereby certified pursuant to Section 3-19 of the zoned district or any church, school, playground, child-
Charter of the City of Buffalo, that the immediate care center, public park or community center, even if
passage of the foregoing ordinance is necessary. such adult use is located or proposed to be located
APPROVED AS TO FORM within a CM- or M-zoned district. The word "establish"
Michael B. Risman means to operate such an adult use as the owner of
Corporation Counsel premises wherein such use is contained or as the
Matter in brackets to be deleted. Matter underlined is lessee of premises wherein such use is contained or as
new. an employee of the owner or operator of an adult use
Mr. Coppola moved to approve said item so established.
AYES -BONIFACIO, CONRAD, COPPOLA, (2) Private visual presentation in commercial
GOLOMBEK, RUSSELL – 5 NOES – DAVIS, establishments. Commercial establishments which offer
FONTANA, FRANCZYK, THOMPSON – 4 private viewing of movies, tapes, slides, pictures or live
LOST performance of any kind shall comply with the following:
APPROVED AS TO FORM
Mr Thompson moved to send said item to Legislation Corporation Counsel
Matter in brackets is to be deleted, matter underlined is part of living in a community, however lately a handful
new. of residents have hosted garage sales in such a way
REFERRED TO THE COMMITTEE ON LEGISLATION that it is annoying or hazardous to their neighbors; and
Whereas: Complaints about garage sales
NO. 114 could be easily corrected with just a few additions
BY: COUNCILMEMBER COPPOLA to Buffalo's Ordinance, 254-8, dealing with Garage
PARKSIDE/MAIN AMHERST BUSINESS & Sales;
RESIDENT COLLABORATION APPLICATION TO Now, Therefore, Be It Resolved:
THE NEW YORK STATE MAIN STREET PROGRAM That the Common Council of the City of Buffalo
Whereas: The State of New York recently unveiled a requests that the following changes to the appropriate
new $20 million New York Main Streetgrant program to City Ordinance be made:
help revitalize communities through building 1. Garage Sales may only be held during the hours of
renovations, downtown business or cultural anchors 8am and 8pm;
and streetsweep enhancements ancillary to other 2. A maximum of three sales per calendar year per
program activities; and property address may be held. Each sale may be
Whereas: Directed by the State Housing Trust Fund up to three consecutive days;
Corporation and the Division of Housing and 3. If the sale is or becomes a traffic or fire hazard or
Community Renewal, this program will fund up to neighborhood nuisance, the sale would not be
$200,000 on a competitive, reimbursement basis to not-allowed or stopped;
for-profits that will serve as Local Program 4. A maximum of six signs, (no larger than 2sq. ft.
Administrators and in turn administer local grant each,) may be posted for each garage sale. The signs
programs along eligible commercial corridors; and may be displayed for a period of no longer than 48
Whereas: The Office of Strategic Planning welcomes hours prior to the sale and must be removed by the
this new State funding source as it strengthens the close of the sale. In addition, the signs shall not be
goals and actions for revitalization identified in the posted on any traffic control devices, City light poles, on
City's Comprehensive Plan, the CARE (Commercial any public property, or within the public right-of-ways.
Area Revitalization Effort) program and the Mayor's 5. Uniform garage sale signs, made by the City Print
Livable Communities Initiative which uses the targeted Shop, may be purchased at a cost of 6 for $10.00. This
approach in designated neighborhoods known as fee includes the advertisement of the date and location
Comprehensive Code Enforcement Areas (CCE); and of the garage sale on the City of Buffalo Web Page.
Whereas: Buffalo Economic Renaissance Corporation Signs must be purchased at least five days prior to the
is applying for $200,000 in fagade enhancement dollars sale for the posting to appear on the City of Buffalo
targeted to eligible buildings within the CARE areas Web Page. The web page posting shall appear at least
whose geography includes Lower Niagara Business two days prior to the date of the sale;
District, Downtown Main Street, Grant/Ferry, Jefferson In the event that more than three garage sales with in
Avenue Business Corridor and the Fillmore-Leroy area the same calendar year would be held at a property
connecting with improvements to the Central Park address, an applicant may request a permit from the
Plaza. The CARE program was created to promote the Commissioner of Public Works. The Commissioner of
economic vitality of Buffalo's older neighborhood Public Works may not issue the permit until the District
commercial districts by encouraging and providing a Councilmember is notified of the intent to hold a garage
comprehensive revitalization program. Having launched sale and verifies in writing to the Commissioner of
the CARE program through a partnership between Public Works that the property address in question has
residents, businesses, public and not-for-profit entities, had no neighbor complaints during their previous
BERC is strongly positioned to successfully administer garage sales;
a Main Street revitalization program. Now, Therefore, Be It Further Resolved:
Now, Therefore, Be It Resolved: the Common Council That the Common Council of the City of Buffalo does
of the City of Buffalo enthusiastically endorses hereby request that the Buffalo Law Department draft a
Parkside/Main Amherst Business & Resident resolution for City Ordinance 254-8 with the requested
Collaboration application for fagade improvements to changes and file that amendment with the Common
eligible buildings within the targeted CARE Council for final review by the Common Council and the
(Commercial Area Revitalization Effort) Program and effected City of Buffalo Departments; and
calls upon the State of New York to give every Now, Therefore, Be It Further Resolved:
consideration to funding this very worthy submission to That the Common Council of the City of Buffalo does
the program.
New York State Main Street hereby request that upon approval of the ordinance
ADOPTED change by this Honorable Body, the City Clerk is
directed to send certified copies of this resolution to
NO. 115 Management Information Systems and American Water
BY: MR. COPPOLA Works. A notice of the ordinance change shall be
UPDATES TO THE CITY OF BUFFALO GARAGE mailed to residents in two consecutive user fee and
SALE ORDINANCE water bills; and
Whereas The current City of Buffalo ordinance for Now, Therefore, Be It Finally Resolved:
Garage Sales states that a permit from the That this Honorable Body requests this resolution
Commissioner of Police is needed for a garage sale if remain in the appropriate Council Committee until
more than 3 sales per calendar year. The present free receipt of Corporation Counsel's resolution with the
for such a permit is $10.50; and requested changes to the appropriate sections of the
Like most communities, many residents in the City of City Ordinance.
Buffalo hold garage sales, especially during the REFERRED TO THE COMMITTEE ON LEGISLATION,
summer months, to clean out items they own that may CORPORATION COUNSEL, COMMISSIONER OF
be useable to others but useless to them; and PUBLIC WORKS, COMMISSIONER OF POLICE,
Whereas A garage sale is normally not a bothersome AMERICAN WATER WORKS AND COMMISSIONER
OF MIS. of this block to commercial residential use. Located in
one of the Strategic Investment Corridors highlighted in
NO. 116 the City Comprehensive Plan, improvements to the 800
BY MR. COPPOLA Block are key to continuing investment in the Buffalo
PARKING METER ADVERTISEMENTS Niagara Medical Campus and helps meet the goals of
Whereas The City of Buffalo had entered into the Queen City Hub downtown plan.
agreement with TransAd Outdoor Media and Park Now, Therefore, Be It Resolved: the Common Council
Place Media to install and maintain advertisements on of the City of Buffalo enthusiastically endorses the
City of Buffalo parking meters; and Allentown Association's application for fagade
Whereas The agreement and program has not reached improvements to the Historic 800 block of Main Street
the goals and expectations of either the contractor or and calls upon the State of New York to give every
the City to this point and the contractor has since consideration to funding this very worthy submission to
suspended all advertising initiatives and maintenance of the New York Main Street Program.
the advertising modules; and ADOPTED
Whereas The majority of the devices that have been left
by the contractor are damaged and in many cases have NO. 118
fallen to the ground and are loosely dangling around the BY: COUNCILMEMBER DAVIS
meter poles; and BUFFALO PLACE BUILDING IMPROVEMENT
Whereas Section 65, subsection D., requires that APPLICATION TO THE NEW YORK STATE MAIN
"Media shall at all times maintain the Modules to STREET PROGRAM
appear new and clean..." This Section further requires, Whereas: The State of New York recently unveiled a
new $20 million New YorkMaingrant program to
that "In the event the City notifies Media by fax, phone, Street
or other means set forth, Media shall perform such help revitalize communities through building
maintenance within 48 hours of such notice," and renovations, downtown business or cultural anchors
Whereas These devices are unsightly and possibly and streetscape enhancements ancillary to other
dangerous and should be removed immediately. program activities; and
Now therefore be it resolved that: Whereas: Directed by the State Housing Trust Fund
This Common Council requests that the Director of Corporation and the Division of Housing and
Parking Enforcement enforce section 65, subsection D, Community Renewal, this program will fund up to
of this agreement immediately, and in the event that $200,000 on a competitive, reimbursement basis to not-
Media does not fulfill their responsibilities under this for-profits that will serve as Local Program
Section, the Common Council further requests that the Administrators and in turn administer local grant
Director order all modules from all meters removed programs along eligible commercial corridors; and
immediately; and Whereas: The Office of Strategic Planning welcomes
Be it further resolved that: this new State funding source as it strengthens the
That the Director withholds any and all bonds or goals and actions for revitalization identified in the
securities necessary to mitigate any expense to the City City's Comprehensive Plan, the CARE (Commercial
for removal of said devices. Area Revitalization Effort) program and the Mayor's
ADOPTED Livable Communities Initiative which uses the targeted
approach in designated neighborhoods known as
NO. 117 Comprehensive Code Enforcement Areas (CCE); and
BY. MR MARC A. COPPOLA Whereas: Buffalo Economic Renaissance Corporation
ALLENTOWN MAIN STREET APPLICATION TO THE is applying for $200,000 in fagade enhancement dollars
NEW YORK STATE MAIN STREET PROGRAM targeted to eligible buildings within the CARE areas
Whereas: The State of New York recently unveiled a whose geography includes Lower Niagara Business
new $20 million grant program to
New York Main Street District, Downtown Main Street, Grant/Ferry, Jefferson
help revitalize communities through building Avenue Business Corridor and the Fillmore-Leroy area
renovations, downtown business or cultural anchors connecting with improvements to the Central Park
and streetscape enhancements ancillary to other Plaza. The CARE program was created to promote the
program activities; and economic vitality of Buffalo's older neighborhood
Whereas: Directed by the State Housing Trust Fund commercial districts by encouraging and providing a
Corporation and the Division of Housing and comprehensive revitalization program. Having launched
Community Renewal, this program will fund up to the CARE program through a partnership between
$200,000 on a competitive, reimbursement basis to not-residents, businesses, public and not-for-profit entities,
for-profits that will serve as Local Program BERC is strongly positioned to successfully administer
Administrators and in turn administer local grant a Main Street revitalization program.
programs along eligible commercial corridors; and Now, Therefore, Be It Resolved: the Common Council
Whereas: The Office of Strategic Planning welcomes of the City of Buffalo enthusiastically endorses Buffalo
this new State funding source as it strengthens the Place Building Improvement application for fagade
goals and actions for revitalization identified in the improvements to eligible buildings within the targeted
City's Comprehensive Plan, the CARE (Commercial CARE (Commercial Area Revitalization Effort) Program
Area Revitalization Effort) program and the Mayor's and calls upon the State of New York to give every
consideration to funding this very
wontMain Street
Livable Communities Initiative which uses the targeted
e
approach in designated neighborhoods known as
program.
Comprehensive Code Enforcement Areas (CCE); and
ADOPTED
Whereas: As proposed by the Allentown Association,
$160,000 is requested for fagade improvements along
NO. 119
the 800 block of Main Street. The project will
BY: COUNCILMEMBER DAVIS
encompass 16 properties in the Historic Allentown
District and act as a further incentive for full restoration
LAND DISPOSITION AGREEMENT 150 E. title to the ten (10) parcels noted above.
NORTH STREET - 1.5 ACRES BUFFALO CITY Mr. Davis moved to adopt said item
MISSION AYES – BONIFACIO, CONRAD, DAVIS, FONTANA,
WHEREAS, the Buffalo Urban Renewal Agency has GOLOMBEK, RUSSELL, THOMPSON – 7 NOES –
duly designated Buffalo City Mission and/or other legal COPPOLA, FRANCZYK
entity to be formed as qualified and eligible ADOPTED
Redeveloper in accordance with rules and procedures
duly adopted by the Agency; and NO. 121
WHEREAS, the City Clerk has published a Notice of BY: MR. FONTANA
Public Hearing, as required by Section 507, Subdivision ADELPHIA AUDIT SETTLEMENT
2(d) of the "General Municipal Law" and Whereas: At the request of the City of Buffalo, the New
WHEREAS, the proposed Land Disposition Agreement York State Public Service Commission conducted an
has been duly submitted to this Common Council by the audit of payments to the City of Buffalo by Adelphia
Buffalo Urban Renewal Agency; nd Communications for the calendar years of 2001 and
NOW, THEREFORE, BE IT RESOLVED: 2002; and
1. Buffalo City Mission and/or other legal entity to be Whereas: Following a review of the audit findings, it
formed was duly designated as qualified and eligible is agreed by both parties that the amount owed to
Redeveloper by the Buffalo Urban Renewal Agency, is the City for that period of time is $64,430.23; and
hereby approved as the Redeveloper of 150 E. North Whereas: Adelphia has proposed that, in addition to
Street in the Oak Street Redevelopment Project NYR-making that payment to cover the years of 2001 and
197 Urban Renewal Area. 2002, the City and Adelphia agree to settle for the
2. That the Mayor, the Chairman, Vice-Chairman, or unaudited years: 1998, 1999, 2003, and 2004; and
any officer of the Buffalo Urban Renewal Agency is Whereas: A settlement amount for the unandited years
hereby authorized to execute any and all deeds or other was determined by extrapolating the figures from the
documents necessary to convey land described in the audit of 2001 and 2002; and
proposed "Land Disposition Agreement" to Buffalo City Whereas: That total amount would be $235,540.23; of
Mission, as Agent for a LLC to be formed and/or other that 168,859.63 represents underpaid franchise fees
legal entity to be formed in accordance with the terms and $66,680.60 represents underpaid Public, Education
of said Agreement and for the consideration recited and Government Access funding ;
therein. Therefore be it resolved:
RECEIVED AND FILED That the Common Council authorize the Mayor to
execute the attached Settlement and
NO. 120 Release agreement consenting to the payment of
BY: MR. DAVIS: $235,540.23 to the City of Buffalo; and
COMMUNITY ACTION ORGANIZATION, VACANT Be it finally resolved that:
LOTS ON ELLICOTT STREET The amount of $168,859.63, which represents franchise
Whereas In 1989, the Common Council authorized the fee underpayments, be remitted to the City's General
transfer of title often (10) vacant lots to the Community Fund, and $66,680.60, which represents PEG
Action Organization (CAO) for the purpose of underpayments, be placed in the PEG Trust and
constructing new housing units (Item No. 214, C.C.P., Agency account.
July 11, 1989); and PASSED
Whereas Title to the properties at 971 Ellicott Street, AYES - 9 NOES - 0
977 Ellicott Street, 1045 Ellicott Street, 1047 Ellicott NO. 122
Street, 94 Dodge Street, 98 Dodge Street, 220 BY: COUNCILMEMBER FONTANA
Northampton Street, 222 Northampton Street, 1253 GENESEE STREET NEIGHBORHOOD BUSINESS
Michigan Avenue, and 1257 Michigan Avenue, was DISTRICT APPLICATION TO THE NEW YORK
transferred by deed from the City of Buffalo on July 25, STATE MAIN STREET PROGRAM
1990; and Whereas: The State of New York recently unveiled a
new $20 million New York Maingrant program to
Whereas The deed contained a reverter clause Street
providing that if the parcels were not used for the help revitalize communities through building
purposes specified in the authorizing resolution, title to renovations, downtown business or cultural anchors
the parcels would automatically revert back to the City and streetscape enhancements ancillary to other
of Buffalo; and program activities; and
Whereas Housing has been constructed on said Whereas: Directed by the State Housing Trust Fund
parcels as envisioned in the Council resolution; and Corporation and the Division of Housing and
CAO wishes to sell these parcels to private purchasers Community Renewal, this program will fund up to
and the title company for said purchasers has $200,000 on a competitive, reimbursement basis to not-
requested that this reverter be extinguished in order to for-profits that will serve as Local Program
clear the title and allow the purchases to be financed by Administrators and in turn administer local grant
lending institutions; and programs along eligible commercial corridors; and
Whereas It appears that the reverter clause is no longer Whereas: The Office of Strategic Planning welcomes
necessary since housing was built on the properties; this new State funding source as it strengthens the
Now Therefore Be It Resolved: goals and actions for revitalization identified in the
That the Common Council hereby rescinds the reverter City's Comprehensive Plan, the CARE (Commercial
language in the deed conveying the properties Area Revitalization Effort) program and the Mayor's
described in Item No. 214, C.C.P., July 11, 1989; and Livable Communities Initiative which uses the targeted
Be It Further Resolved: approach in designated neighborhoods known as
That the Mayor of the City of Buffalo be, and he hereby Comprehensive Code Enforcement Areas (CCE); and
is authorized to execute a quit claim deed extinguishing Whereas: As proposed by Lovejoy District
the reverter clause in the prior deed in order to clear the Neighborhood Revitalization Service, the $200,000
requested will be used for facade and building Now, Therefore, Be It Resolved:
renovation grants with ancillary streetscape That the Common Council of the City of Buffalo does
enhancements. The program location is the Genesee hereby request this resolution be referred to the
Street Neighborhood Business District in the Schiller Department of Public Works, the Buffalo Police
Park Comprehensive Code Enforcement Area as Department, the Buffalo Fire Department and the
identified by the Mayor's Livable Communities Initiative. Corporation Counsel for a response; and
The City is confident and in support of the Lovejoy Now, Be It Further Resolved:
District NRS's ability to continue providing targeted That the City Clerk schedule a public hearing date for
assistance to local business owners and revitalize a the renaming of Moreland Field to "William Edward
mixed-use business area. Madden, Sr., Field;" and
Now, Therefore, Be It Resolved: the Common Council Now, Be It Finally Resolved:
of the City of Buffalo enthusiastically endorses the That this Honorable Body requests that this resolution
Genesee Street Neighborhood Business District be referred to the Legislation Committee for further
Program application for facade improvements to eligible consideration.
buildings and calls upon the State of New York to give REFERRED TO THE COMMITTEE ON LEGISLATION,
every consideration to funding this very worthy COMMISSIONER OF PUBLIC WORKS,
submission to the New York State Main Streetprogram. COMMISSIONER OF POLICE, COMMISSIONER OF
ADOPTED. FIRE.
NO. 123 NO. 125
By: Mr. Fontana By: Mr. Fontana
DISCHARGE LEGISLATION COMMITTEE Co-Sponsor: Mr. Conrad
ITEM #145 C.C.P. MARCH 8, 2005 ALL-HAZARDS MITIGATION PLAN
"TRAILBLAZING SIGN REQUEST FOR REV MACEO Whereas: The City of Buffalo, with the assistance from
M. FREEMAN" Ecology and Environment Inc. has gathered information
Whereas: The above item is currently in the Legislation and prepared the City of Buffalo All-Hazard Mitigation
Committee; and It is no longer necessary for this item to Plan; and
be considered by that committee; Whereas: The City of Buffalo All-Hazards Mitigation
Now, Therefore Be it Resolved: Plan has been prepared in accordance with the
That this Common Council does hereby discharge the Disaster Mitigation Act of 2000; and
Legislation Committee from further consideration of Whereas: The City of Buffalo is a local unit of
Item 145, C.C.P. March 8, 2005, "Trailblazing Sign government that ha afforded the citizens an opportunity
Request for Rev Maceo M. Freeman" and said item is to comment and provide input in the Plan and the
now before the Common Council for its consideration. actions in the Plan; and
ADOPT DISCHARGE, PASSED Whereas: The Buffalo Common Council has reviewed
AYES-9. NOES-0. the Plan and affirms that the Plan will be updated no
less than every five years.
NO. 124 Now Therefore Be It Resolved:
By: Mr. Fontana The Buffalo Common Council for the City of Buffalo
RENAME MORELAND FIELD "WILLIAM EDWARD adopts the All-Hazard Mitigation Plan as its City of
MADDEN, SR." FIELD Buffalo All-Hazards Mitigation Plan, and resolves to
Whereas: William Edward Madden, Sr., born on execute the actions in the plan.
October 24, 1924, was a highly decorated World War II ADOPTED.
Veteran• He passed away in 1999; and NO. 126
Whereas: William Madden, Sr., joined the United States Sponsor: Mr. Fontana
Army in 1941 and was assigned to the First Division Co-Sponsor: Mr. Conrad
known as the "Big Red One;" and FLOOD INSURANCE FOR CITY RESIDENTS
Whereas: PFC Madden, St., was went overseas and The residents of sections in the Lovejoy District and
fought in five different campaigns on two continents and South District in the City of Buffalo, on an infrequent
was involved in three landings: Africa, Italy and basis, face a backwash of water and debris into their
Normandy at Omaha Beach; and basements due to an overflow of storm water created
Whereas: PFC Madden, Sr., quickly moved up the by the rise of water and ice in the Buffalo River and
ranks in the military. By the time of his Honorable Cazenovia Creek; and
Discharge in 1945, he'd earned the rank of Sergeant Property owners who currently hold mortgages or home
and had been awarded many military accolades improvement loans on properties located in the
including Silver and Bronze Stars, the Purple Heart, designated floodplains in the City of Buffalo, primarily in
and various badges; and the Lovejoy District and South District, are required by
Whereas: Bill and his wife, Lois (Morrow), made the Federal Emergency Management Agency (FEMA)
Buffalo's Lovejoy District their home and began a to purchase flood insurance policies annually on their
family. The Madden's became involved in their property; and
community. They participated in Scouts, and Bill was an This mandatory payment of flood insurance is creating
active member with leadership roles in the American a financial hardship on many constituents who own
Legion Post #1306 and the 40 and 8; and property in close proximity to the Buffalo River and
Whereas: At the intersection of Moreland Avenue and Cazenovia Creek and;
Bailey Avenue, in the City of Buffalo's Lovejoy District, Whereas: In some of these areas, the designation of a
lays Moreland Field; and floodplain is contributing to the deterioration of
Whereas: The Common Council, as a tribute to the neighborhoods by preventing new development while
Military accomplishments and active community also deterring the sale of property.
involvement of William Madden, Sr., suggests renaming Now, Therefore, Be It Resolved That:
Moreland Field "William Edward Madden, Sr. Field;" Senators Charles Schumer and Hillary Clinton, as well
as Congressman Brian Higgins, assist in initiating a people living there, but possibly jeopardizing hopes for
process that eliminates the burden of flood insurance a revived waterfront; and,
that is affecting many residents of the City of Buffalo; WHEREAS: Although there were 193 police calls to the
and Marine Drive Apartments in 2004, police calls are
Be It Further Resolved That: projected to be 264 by the end of 2005, with 66 calls
The City Clerk of Buffalo send certified copies of this police calls clocked in from January 2005 to March
resolution to Senator Charles Schumer, Senator Hillary 2005. Some of these calls dealt with narcotics, fights,
Clinton and Congressman Brian Higgins. burglary, larceny and other crimes, all at a time when
ADOPTED BMHA police are slated to be laid off; and,
WHEREAS: Rising crime on the waterfront could deal a
NO. 127 sharp blow to all waterfront developments, including
BY: COUNCILMEMBER FRANCZYK CO-Bass Pro; and,
SPONSOR(S): MESSRS. WHEREAS: There are reports of rising vacancy rates in
SOUTH PARK AVENUE REVITALIZATION the Marine Drive Apartments, thus reducing income to
PROGRAM APPLICATION TO THE NEW YORK the units, further fostering neglect; and,
STATE MAIN STREET PROGRAM WHEREAS: The increase in crime could lead to an
Whereas: The State of New York recently unveiled a intended or unintended back-door policy of harassing
new $20 million New York Main Streetgrant program to tenants until they move out, thus opening the door to a
help revitalize communities through building preferred developer, or gentrification once the buildings
renovations, downtown business or cultural anchors are cleared out; and,
and streetscape enhancements ancillary to other WHEREAS: Since the termination of the old lease with
program activities; and the managers of Marine Drive in January 2004, tenants
Whereas: Directed by the State Housing Trust Fund at the Marine Drive Apartments were never given the
Corporation and the Division of Housing and active support they needed by the BMHA to protect the
Community Renewal, this program will fund up to quality of life at their homes by inviting them to become
$200,000 on a competitive, reimbursement basis to not-meaningful participants in shaping the future of the
for-profits that will serve as Local Program apartments; and,
Administrators and in turn administer local grant WHEREAS: When a loud chorus demanded the Marine
programs along eligible commercial corridors; and Drive Apartments be put on the tax rolls, some tenants
Whereas: The Office of Strategic Planning welcomes formed the Queens Landing Tenant Action Group, LLC
this new State funding source as it strengthens the (TAG), in support of a condominium conversion of the
goals and actions for revitalization identified in the apartments, which could put the property on the tax
City's Comprehensive Plan, the CARE (Commercial rolls; and,
Area Revitalization Effort) program and the Mayor's WHEREAS: This proposal was brusquely dismissed by
Livable Communities Initiative which uses the targeted the BMHA, which has claimed the complex is "not for
approach in designated neighborhoods known as sale," despite the Masiello Administration's January
Comprehensive Code Enforcement Areas (CCE); and 2003 announcement to privatize the Marine Drive
Whereas: As proposed by The Old First Ward Apartments; and,
Community Association, the requested $85,000 for WHEREAS: Tenants involved with TAG have made the
South Park Revitalization will be for facade and building $20,000 financial commitment necessary in formulating
renovations and include streetscape enhancements in an offer plan with the New York Attorney General; and,
one of the City's Strategic Investment Corridors, known WHEREAS: The TAG proposal could be a win-win
as the first "Main Street" in the Buffalo River situation for the tenants and the city, but only with the
community. Already generating interest among targeted guarantee that lower income residents would not be
South Park Avenue business owners, the City is displaced; and,
confident in the Old First Ward Community WHEREAS: Efforts to derive income for the city at the
Association's ability to work with other non-profit service Marine Drive Apartments appears to be in limbo, while
providers, residents and businesses to maintain it crime and complaints appear to be on the upswing;
unique identity while creating a critical mass of targeted and,
improvements. WHEREAS: The Common Council reaffirms its support
Now, Therefore, Be It Resolved: The Common for the Marine Drive residents, and is concerned that
Council of the City of Buffalo enthusiastically endorses the quality of life enjoyed at the complex prior to
the South Park Avenue Revitalization Program January 2004 seems to have been jeopardized; and,
application for facade improvements and calls upon the NOW THEREFORE BE IT RESOLVED:
State of New York to give every consideration to That the Common Council supports the City deriving
funding this very worthy submission to the New York income from the Marine Drive Apartments with an eye
State MainStreetprogram. to putting the property on the tax rolls, while at the
ADOPTED. same time protect the interest of lower income tenants
who may not be able to purchase their apartment
NO. 128 outright and should not be evicted; and
BY: MESSRS FRANCZYK & GOLOMBEK BE IT FURTHER RESOLVED:
SAVE MARINE DRIVE APARTMENTS That the Common Council give a full airing of the
WHEREAS: The seeming inability of the Buffalo Queens Landing Tenant Action Group (TAG) proposal
Municipal Housing Authority (BMHA) to chart a to develop a condominium conversion at the Marine
progressive course for the Marine Drive Apartments Drive towers; and,
has apparently only exacerbated problems for long-BE IT FURTHER RESOLVED:
term tenants at this key waterfront location; and, That the Buffalo Municipal Housing Authority (BMHA)
WHEREAS: Due to BMHA inattention, there appears to and the city administration respond to the Queens
be a demonstrable deterioration in the quality of life at Landing proposal, in addition to discussing their
the Marine Drive Apartments, affecting not only the position on putting Marine Drive apartments on the
taxrolls; and, Renaissance Corporation (BERC); and
BE IT FINALLY RESOLVED: Whereas: Consolidating human resources,
That the current management, BMHA and police management information and purchasing into
department respond on strategies of driving down the centralized City departments could reduce costs and
apparently escalating crime rate at the Marine Drive improve efficiency in operations; and
Apartments. Whereas: A centralized Human Resources Department
REFERRED TO THE COMMITTEE ON COMMUNITY would be able to develop and implement a
DEVELOPMENT, CORPORATION COUNSEL, BMHA comprehensive risk management program to address
AND MAYOR worker injury claims, coordinated contract negotiation
and administration, centralized training and professional
NO. 129 development; and
Sponsor: Mr. Franczyk Whereas: A centralized Management information
DEMOLITION BY NEGLECT Systems Department could improve communication
Whereas: Buffalo is blessed with a wealth of and efficiency in operations; and
magnificent architecture and our buildings have a Whereas: A centralized City Purchasing Department
unique character that is one of our greatest assets and could reduce costs and improve contract monitoring
something that most other communities could only and administration; and
dream of; and Now Therefore Be It Resolved:
Whereas: Many of these building are privately owned, That the Council supports exploring the possibility of
and some are not being properly maintained and are centralizing human resources, management information
deteriorating to a point where repair or rehabilitation is and purchasing as a way to reduce costs and improve
considered unfeasible; and efficiency.
Whereas: Often these buildings are willfully left to Be It Further Resolved:
deteriorate so that an unscrupulous property owner That this item is referred to an appropriate Committee
justifies having the structure demolished instead of of the Council for further consideration.
renovating or repairing the structure; and REFERRED TO THE COMMITTEE OF THE WHOLE,
Whereas: This situation is commonly referred to as CORPORATON COUNSEL, COMMISSIONER OF
"demolition by neglect". Demolition by neglect should HUMAN RESOURCES, COMMISSIONER OF
be avoided at all costs. Severe penalties should be ADMINISTRATION AND FINANCE, AND
imposed on any property owner who participates in this COMPTROLLER.
practice; and
Penalties should be increased for any property that is NO. 131
located within a historic district or for a building that is By: Mr. Golombek
Co-Sponsor: Mr. Bonifacio
declared a local, state, or national landmark; and
Whereas: Albany and New York City have adopted
PUTTING MARINE DRIVE APARTMENTS ON THE
ordinances which prohibit owners of historic properties
TAX ROLLS
from creating or maintaining a condition which
Whereas: On January 20, 2003, Mayor Masiello said he
significantly impairs the structural integrity of a building
was willing to consider selling the Marine Drive
within a historic district;
Apartments to current tenants; and
Now, Therefore, Be It Resolved:
Whereas: Tenants of Marine Drive have formed the
That the Common Council of the City of Buffalo directs
Queens Landing Tenant Action Group, seeking to
the Corporation Counsel to draft an ordinance that
purchase the Marine Drive Apartments as
would prevent demolition by neglect; and
condominiums; and
Be it Further Resolved:
Whereas: On February 13, 2004, the New York State
That the ordinance would prohibit owners of historic
Attorney General approved an application submitted by
properties or properties within a historic district from
the Tenant Action Group (TAG) to explore the
creating or maintaining a condition which significantly
possibility of converting Marine Drive to condominiums;
impairs the structural integrity of the building and
and
impose appropriate penalties for such violations; and
Whereas: On February 21,2004, a contract was
Be It Finally Resolved:
submitted to the City of Buffalo and the Buffalo
That the City Clerk of the City of Buffalo send certified
Municipal Housing Authority (BMHA) by TAG to acquire
copies of this resolution to the Department of Permits &
the Marine Drive Apartments; and
Inspections, Buffalo Preservation Board, the Campaign
Whereas: Pursuant to the regulations of the New York
for a Greater Buffalo, the Preservation Coalition of Erie
State Attorney General, the Tenant Action Group (TAG)
County, the Landmark Society, and Department of
has raised $20,000, by obtaining a $200 commitment
Public Works for their comments and response.
from 100 tenants to pursue the acquisition of the Marine
strdND
ADOPT 1 & 3 RESOLVES, 2 RESOLVE-
Drive Apartments; and
LEGISLATION, COMMISSIONER OF
Whereas: It has been over a year since TAG has
PERMITS/INSPECTION
submitted a contract to acquire the Marine Drive
Apartments and very little has been done on the part of
NO. 130
the administration and the BMHA to move forward on
By: Mr. Golombek
the offer by TAG; and
Centralizing Human Resource, Management Whereas: The administration has made bringing people
Information Systems & Purchasing downtown to live a priority, Marine Drive consists of 600
Whereas: Currently the City of Buffalo has a Human apartments that can be converted to owner occupied
Resource Department, Management Information condominiums; and
Systems Department and a Purchasing Department as Whereas: The City often transfers property to politically
does the Police Department, Buffalo Municipal Housing connected developers or large businesses for $1.00
Authority (BMHA), Sewer Authority, Buffalo Urban without creating a large number of homeowners or
Renewal Agency (BURA) and the Buffalo Economic generating substantial tax revenue; and
Whereas: Transferring the Marine Drive Apartments to and streetscape enhancements ancillary to other
the Tenant Action Group for $1.00, will result in 600 program activities; and
homeowners in downtown Buffalo and generate Whereas: Directed by the State Housing Trust Fund
substantial tax revenue for the City; and Corporation and the Division of Housing and
Now Therefore Be It Resolved: Community Renewal, this program will fund up to
That the Common Council supports the Queens $200,000 on a competitive, reimbursement basis to not-
Landing Tenant Action Group purchasing the Marine for-profits that will serve as Local Program
Drive Apartments for a price to be determined. Administrators and in turn administer local grant
Be It Further Resolved: programs along eligible commercial corridors; and
That this item is referred to an appropriate Committee Whereas: The Office of Strategic Planning welcomes
of the Council for further consideration. this new State funding source as it strengthens the
REFERRED TO THE COMMITTEE ON COMMUNITY goals and actions for revitalization identified in the
DEVELOPMENT, CORPORATION COUNSEL, BMHA, City's Comprehensive Plan, the CARE (Commercial
MAYOR Area Revitalization Effort) program and the Mayor's
Livable Communities Initiative which uses the targeted
NO. 132 approach in designated neighborhoods known as
By: Mrs. Russell Comprehensive Code Enforcement Areas (CCE); and
Co-sponsors: Mr. Golombek, Mr. Fontana Whereas: Buffalo Economic Renaissance Corporation
ENFORCEMENT OF NOISE ORDINANCE is applying for $200,000 in facade enhancement dollars
Whereas: It is anticipated that with the onset of warmer targeted to eligible buildings within the CARE area
weather, residents complaints of excessive noise which includes Jefferson Avenue Business Corridor.
generated from car audio systems and home stereos The CARE program was created to promote the
will increase; and economic vitality of Buffalo's older neighborhood
Whereas: Citizens of Buffalo should not have to tolerate commercial districts by encouraging and providing a
the disruption of excessive noise; and comprehensive revitalization program. Having launched
Whereas: The Council in its 2005-2006 Fiscal Year the CARE program through a partnership between
Action Plan established enforcement of the city's noise residents, businesses, public and not-for-profit entities,
ordinance as a quality of life priority; and BERC is strongly positioned to successfully administer
Whereas: The Council recognizes that the Buffalo a Main Street revitalization program.
Police Department has many higher priority crimes to Now, Therefore, Be It Resolved: the Common Council
address; and of the City of Buffalo enthusiastically endorses the
Whereas: Last year the Council requested a monthly BERC's application for facade improvements to eligible
report documenting the number of noise ordinance buildings within the targeted CARE (Commercial Area
citations issued by the Police Department; Revitalization Effort) Program and calls upon the State
Whereas: According to the statistics provided by the of New York to give every consideration to funding this
Buffalo Police Department the number of noise very worthy submission to the New York State Main
ordinance citations issued last summer in the City of Streetprogram.
Buffalo were as follows: ADOPTED.
May - 35, June - 25, July - 28, August - 25
Whereas: On average one noise ordinance citation per NO. 134
day is issued for the whole City of Buffalo during By: Mr. Thompson
summer months; and JUNIOR BASEBALL LEAGUE PARADE
Whereas: To improve the quality of life for many people Whereas: On May 14, 2005, the Junior Baseball
who must live with excessive noise in their League, with assistance from MAD/DADS, the African
neighborhood, the Council is requesting increased Cultural Center, and the Masten District Council Office,
enforcement of noise ordinance violations; and will host a parade on Jefferson Avenue from East Ferry
Now Therefore Be It Resolved: Street to Best Street; and
That the Council supports increased enforcement of Whereas: The Junior Baseball League is requesting
noise ordinance violations as a quality of life issue. that Jefferson Avenue from East Ferry to Best Street is
Be It Further Resolved: blocked off from 12pm until 1 pm; and
The Council requests the Police Department's monthly Now Therefore Be It Resolved:
report to include the number of citations issued during That the Buffalo Common Council supports this event
each month in 2005 with an indication as to the number and does hereby grant the Junior Baseball League
of citations issued for that particular month in 2004 for permission to block Jefferson Avenue (between East
comparison purposes. Ferry Street and Best Street) on May 14, 2005 from 12
Be It Finally Resolved: pm to 1 pm for a parade
That this matter be referred to an appropriate PASSED
Committee of the Council for further consideration. AYES-9. NOES-0.
STRD
ADOPT 1, AND 3 RESOLVES, REMAINDER-
LEGISLATION. NO. 135
By: Mr. Thompson
NO. 133 ORDINANCE AMENDMENT
By: Mr. Thompson CHAPTER 6, BOARDS, COMMITTEES, AGENCIES
BUFFALO ECONOMIC RENAISSANCE AND COMMISSIONS ARTICLE X, PARKS
CORPORATION'S CARE APPLICATION TO THE ADVISORY BOARD
NEW YORK STATE MAIN STREET PROGRAM The Common Council of the City of Buffalo does hereby
Whereas: The State of New York recently unveiled a ordain as follows:
new $20 million New York Main Streetgrant program to That Chapter 6, Article X, of the Code of the City of
help revitalize communities through building Buffalo be amended to read as follows:
renovations, downtown business or cultural anchors §6-54, Establishment of Parks Advisory Board; Powers
and Duties PASSED.
A. The City shall establish an oversight committee to AYES-9. NOES-0.
periodically review the operation of the parklands in the
City of Buffalo as provided for in the Parks Agreement NO. 136
between the City of Buffalo and the County of Erie, and By: Messrs. Thompson & Davis
to make non-binding recommendations with respect REQUEST THE BUFFALO SEWER AUTHORITY
thereto. The City of Buffalo shall also continue to work (BSA) TO ADOPT
with such neighborhood and community advisory MBE GOAL OF 25% AND WBE GOAL OF 5% FOR
boards as may be currently established for any of the ALL
parklands. PROJECTS
B. The Board shall ensure that the Parks Department Whereas: The Buffalo Common Council adopted and
for the County of Erie is providing constant and the Mayor signed into law on January 1, 2005 an
consistent maintenance of the City of Buffalo parks Ordinance Amendment to Chapter 96 of the Code of
system. the City of Buffalo; and
C. The Board shall also provide a vehicle for City of Whereas: The new amendment read as follows: The
Buffalo residents and public officials to voice concerns advertisement inviting bids for doing of work or
and identify issues that require attention by the Parks improvements or for the furnishings of machines,
Department, and to allow community input regarding supplies or equipment shall among other things state
the City of Buffalo parks system. that the bidder must submit with bid a statement
D. The Board will also work closely with the City of indicating that the bidder will work toward a minority
Buffalo's Department of Public Works and Streets, the workforce goal of 25% and women workforce goal of
County of Erie, and the civic and business communities 5%. In addition, a statement must be submitted
to improve the condition of all City of Buffalo parks, and indicating that the bidder will work toward a business
to develop minimum maintenance standards for the utilization goal for minority business enterprise of 25%
parks system. and women business enterprise of 5%. These goals
§6-55, Appointment; Terms; Vacancies; Removal of shall be utilized for all purchasing, professional services
Members and construction contracts. In addition, all departments
A. The committee shall include representatives of the and City of Buffalo agencies must include in all bid
City of Buffalo and the County of Erie, the respective specifications the minority workforce and business
legislative bodies and unions. The members of said utilization goals as stated in this section; and
Board shall be appointed as follows: two (2) Whereas: The Buffalo Sewer Authority is a separate
representatives appointed by the Mayor, three (3) entity from all other City of Buffalo Departments and
representatives appointed by the Council President, agencies, and operates under its own Chairman,
one (1) representative appointed by the County Authority members and staff; and
Executive, one (1) representative appointed by the Whereas: The Buffalo Sewer Authority (BSA) has its
County Legislature, and one (1) representative jointly own capital budget and spending plan; and
appointed by the applicable unions. The City of Buffalo Whereas: Currently the Buffalo Sewer Authority (BSA)
Commissioner of Public Works, Parks and Streets and Minority Business Enterprise (MBE) goals are 10% and
the Erie County Commissioner of Parks, and the their Women Business Enterprise (WBE) goals is 2%,
Executive Director of the Buffalo Olmsted Conservancy which is below the current City of Buffalo goals of 25%
shall serve as ex-officio members. MBE and 5% WBE,
B. The term of all Board members shall be one (1) year. Now, Therefore, Be It Resolved That:
C. Any vacancies in the Board occurring otherwise than This Common Council requests that the Chairman and
by the expiration of term shall be filled for the unexpired Authority members of the Buffalo Sewer Authority
term by the original appointing representative. (BSA) adopt the same City of Buffalo goals as set forth
D. Any member of said Committee may be removed by in the January 1, 2005 Ordinance Amendment to
a unanimous vote of the Council President, the Mayor Chapter 96 of the Code of the City of Buffalo that sets
and the County Executive, for reasons stated in writing Workforce goals of 25% Minority and 5% women, along
after an opportunity to be heard. with Minority Business Enterprise Utilization goals of
§6-56, Eligibility 25% and Women Business Enterprise Utilization goals
Members to be appointed to the Board shall be of 5% on all Buffalo Sewer Authority (BSA) projects;
representative of the community as a whole and a and
resident of the City of Buffalo. An individual may not be Be It Further Resolved That:
appointed to the Board unless all outstanding debts are That the Executive Director of the Buffalo Sewer
paid to the City of Buffalo. Authority submit a response to this resolution within
§6-57, Officers, Committees and Subcommittees twenty days (20) of its passage to the Buffalo Common
The Board members shall elect a president, vice-Council; and
president and secretary for the Board. In addition, the Be It Finally Resolved That:
Board members shall create committees and The City clerk forwarded a copy of this resolution to
subcommittees as deemed necessary by the Board, Herbert Bellamy Jr., Chairman of the Buffalo Sewer
and elect a chairperson for said committee for a one (1) Authority and to Anthony Hassan, Executive Director of
year period. the Buffalo
It is hereby certified pursuant to Section 3-19 of the ADOPTED.
Charter of the City of Buffalo, that the immediate
passage of the foregoing ordinance is necessary. NO. 137
APPROVED AS TO FORM By: Mr. Thompson
Michael B. Risman SHIFTING THE CITY OF BUFFALO/ERIE COUNTY
Corporation Counsel JOINT MINORITY
Matter in brackets to be deleted, matter underlined is BUSINESS ENTERPRISE (MBE) AND WOMEN
new. BUSINESS
ENTERPRISE (WBE) CERTIFICATION PROCESS TO Robert Marshell Jr
THE CITY OF Total: 4
BUFFALO ADOPTED
Whereas: Currently a committee of Erie County and
City of Buffalo officials and department heads jointly NO. 140
BY: Mr. Thompson
certify Minority and Women owners as to their eligibility
to be classified as either Minority Business; Enterprises
APPOINTMENTS
(MBE) or Women Owned Business Enterprises (WBE);
COMMISSIONERS OF DEEDS
and
REQUIRED FOR THE PROPER
Whereas: Once a business has been certified by the
PERFORMANCE OF PUBLIC DUTIES
Joint City/County MBE/WBE Certification Committee,
That the following persons are hereby appointed as
the information is put in a data base; and
Commissioner of Deeds for The term ending December
Whereas: Due to the Erie county budget constraints,
31, 2006, conditional upon the persons so appointed
many businesses are not being afforded the opportunity
certifying under oath to their qualifications and filing
to be part of the data base, because of the lack of Erie
same with the City of Buffalo
county staff available to do the work; and
Marilyn Archer Jeffrey Conrad
Whereas: With the second Phase of the Joint Schools
Jeanne Karlinski
Construction Project, now underway, it is imperative
ADOPTED.
that all Minority and Women owned business be
afforded the opportunity to participate in this billion
NO. 141
dollar project; and
ANNOUNCEMENT OF COMMITTEE MEETINGS
Whereas: The City of Buffalo is willing and able to
The following meetings are scheduled. All meetings are
continue the City/county Joint MBE and WBE
th
held in the Common Council Chambers, 13floor City
certification at this time, in order to alleviate the county
Hall, Buffalo, New York, unless otherwise noted.
of this additional burden during these difficult budget
Regular Committees
time;
Committee on Civil Service Tuesday, April 26, 2005 at
Now, Therefore, Be It Resolved That:
9:30 o'clock A.M.
This Common Council requests that the complete
Committee on Finance Tuesday, April 26, 2005 at I0:00
City/County Minority Business Enterprise and Women
o'clock A.M. following Civil Service
Business Enterprise (WBE) certification process be
Committee on Legislation Tuesday, April 26, 2005 at
shifted to the City of Buffalo's Department of
2:00 o'clock P.M.
Community Services in order the expedite the
Committee on Comm. Dev. Wednesday, April 27, 2005
certification process; and
at 10:30 o'clock A.M.
Be It Further Resolved That:
Committee on Education, Wednesday, April 26, 2005 at
The City Clerk forwarded certified copies of this
2:00 o'clock PM
resolution to Erie County Executive Joel Giambra, Erie
Special Committees
County EEO Director, Jacqueline Stover, Mayor
Taxi cab & Livery Ad Hoc, Thursday, April 21, 2005 at
Anthony M. Masiello and Community Services
10:00 o'clock AM in room 1417
Commissioner Donald O. Allen, Sr., and
Binational Bridges, Thursday April 21, 2005 at 2:00
Community Services Commissioner Donald O. Allen,
o'clock PM in room 1417
Sr. is requested to file a report with the Council, as to
Presentation by J. Milroy/Water Board-Friday, April 22,
the details pertaining to or needed to effectuate this
2005 at 10:00 AM in 1417 City Hall.
change in operations of the City/County Joint MBE and
Special Committee on Legislation to Discuss Creating A
WBE Certification process within thirty
Buffalo Enrichment Fund Monday, April 25, 2005 at
(30) days of the passage of this resolution.
9:30 o'clock AM in room 1417
NDRD
FIRST RESOLVE-MBEC; ADOPT 2 & 3
Special Committee on Legislation, Re Buffalo and EC
RESOLVES.
Library, Monday April 25, 2005 at 11:00 o'clock AM in
room 1417
NO. 138
Special Committee on Legislation re: Police Officer
BY: MR. THOMPSON
~t nd
Foot Patrols (Ex 1& 2Res)-Thursday, April 28,
FELICITATIONS/IN MEMORIAM
2005 at 11:00 o'clock AM in Room 1417 City Hall.
Attached hereto are Felicitation and In
(Public Disclaimer): All meetings are subject to change
Memoriam Resolutions sponsored by Members of the
and cancellation by the respective Chairmen of Council
Common Council as indicated:
Committees. In the event that there is sufficient time
Felicitation for Erie Niagara Sunrise Exchange Club
given for notification, it will be provided. In addition,
By Councilmembers Golombek, Franczyk & City Clerk
there may be meetings set up whereby the City Clerk's
Chwalinski
Office is not made aware; therefore, unless we receive
ADOPTED.
notice from the respective Chairmen, we can only make
notification of what we are made aware.
NO. 139
BY: Mr. THOMPSON
NO. 142
APPOINTMENTS COMMISSIONER OF DEEDS
ADJOURNMENT
That the following persons are hereby appointed as
On a motion by Mr. Coppola, Seconded by Mr. Conrad,
Commissioner of Deeds for the term ending December
the Council adjourned at 4:15 pm
31, 2006, conditional, upon the person so appointed
GERALD CHWALINSKI CITY CLERK
certifying under oath to their qualifications and filing
same with the City Clerk:
NO. 1
Linda Deguire
CALL FOR SPECIAL SESSION
Phelix Harris
Kim Graber
Mr. Gerald A. Chwalinski who executed the foregoing instrument, and they duly
City Clerk and severally acknowledged to me that they executed
I308 City Hall the same.
Buffalo, New York April 5, ,2005
Dear Mr. Chwalinski: TO EACH MEMBER OF THE COMMON COUNCIL:
Pursuant to Section 3.9 of the Charter of the City of YOU ARE HEREBY NOTIFIED that, pursuant
Buffalo, upon the written request of Five to Section 3.9 of the Charter of the City of Buffalo, upon
Councilmembers, dated 2005 presented to you the written request of Five Councilmembers, dated April
herewith, I hereby call a Special Meeting of the 5, 2005, DAVID A. FRANCZYK, President of the
Common Council, to be held in the Council Chambers, Common Council, has called a Special Meeting of the
City Hall, Buffalo, New York, on April 8, 2005 At 1:00 Common Council, to be held in the Council Chambers,
PM for the following purposes: City Hall, Buffalo, New York, on April 8, ,2005 at 1:00
To receive and take appropriate action on : P.M. for the following purpose:
All Items Relating To To receive and take appropriate action on all items
1. Appointment South District Councilmember relating to
Yours very truly, 1. Appoint South District Councilmember
David A. Franczyk Gerald A. Chwalinski City Clerk
President of the Council
Hon. David A. Franczyk NO. 2
President Common Council BY: MR. COPPOLA
1315 City Hall APPOINTMENT OF SOUTH DISTRICT
Buffalo, New York COUNCFIMEMBER
Dear Sir WHEREAS: Section 25 of the Charter of the City of
WE, the undersigned, members of the Common Buffalo authorizes the Common Council to fill a
Council, hereby request that you call a Special Meeting vacancy in the office of District Councilmember by
of the Common Council, pursuant to Section 3.9 of the appointment of a qualified resident of the same
Charter of the City of Buffalo, for the following purpose: political party and district as the district
To receive and take appropriate action on All items Councilmember whose place is vacant; and
pertaining to WHEREAS: A vacancy exists in the office of South
1. Appointment South District Councilmember District Councilmember: and
We request that this Special meeting be held on Friday, WHEREAS: Jeff Conrad, an enrolled Democrat residing
April 8, 2005 at 1:00 pm in the South District of the City of Buffalo, satisfies all of
Dominic Bonifacio the Charter requirements; and
Joseph Golombek NOW THEREFORE BE IT RESOLVED:
Richard Fontana That Jeff Conrad, be, and hereby is appointed to fill the
David Franczyk vacancy in the office of Councilmember of the South
Marc Coppola District of the City of Buffalo, pursuant to Section 25 of
Pursuant to Rule 2 of the Rules of Order of the the Charter of the City of Buffalo effective April 8 2005.
Common Council of the City of Buffalo, each of the Mr. Coppola placed in nomination the name of Jeff
following named members of the Common Council, to Conrad for the office of South District Councilmember,
wit: seconded by Mr. Franczyk
DOMINIC BONIFACIO The Council now voted on the Nomination of Jeff
BRIAN DAVIS Conrad as Councilmember for the South District.
JOSEPH GOLOMBEK Mr. Conrad having received the majority of votes is
ANTOINE THOMPSON hereby elected Councilmember of the South District.
MARC COPPOLA ADOPTED
RICHARD FONTANA
BONNIE E. RUSSELL NO. 3
hereby states that he/she received twenty-four (24) ADJOURNMENT
hours' notice of the time and purpose of the Special On a motion by Mr. Coppola, Seconded by Mrs.
Meeting of the Common Council duly called to be held Russell, the Council adjourned at 1:45 PM
on FridayApril 8, 2005 at 1:00 pm GERALD CHWALINSKI CITY CLERK
Dominic Bonifacio
Joseph Golombek BOARD OF POLICE AND FIRE PENSION PAYROLL
Richard Fontana MARCH 24, 2005
David Franczyk BOARD OF POLICE AND FIRE PENSION
Marc Coppola PROCEEDINGS #3 OFFICE OF THE MAYOR-201
Brian Davis CITY HALL MARCH 24, 2005 Present:; Anthony M.
Bonnie Russell Massimo, Mayor; David A. Franczyk, Council President-
Antoine Thompson Frank Belliotti, Deputy Comptroller, Michael Risman,
STATE OF NEW YORK Corporation Counsel-4 The Journal of the last meeting
COUNTY OF ERIE) ss: was approved.
CITY OF BUFFALO) No. 1
On this 5th day of April 2005, the subscribers, I transmit herewith the Pension Payroll for the Fire
personally appeared before me Pension Fund for the month of March 2005 amounting
Christine A. Lehner to $6,083.58. and request that checks be drawn to the
Commissioner of Deeds in and for order of the persons named herein for the amounts
The City of Buffalo, NY stated.
My Commission expires 12/31/2006 Adopted
To me known to be the same persons described in and Ayes-4. Noes-0.
NO. 2
I transmit herewith the Pension Payroll for the Police
Pension Fund for the month of March 2005 amounting
to $5,956.92, and request that checks be drawn to the
order of the persons named herein for the amounts
stated.
Adopted.
Ayes-4. Noes-0.
No. 3
On motion by Mr.Franczyk , the City of Buffalo Police
and Fire Pension Board Meeting adjourned at 11:10
a.m.
BOARD OF POLICE AND FIRE PENSION
PROCEEDINGS #4 OFFICE OF THE MAYOR-201
CITY HALL APRIL 21, 2005
Present: Anthony M. Masiello, Mayor; David A.
Franzyk, Council President; Darby Fishkin, Deputy
Comptroller, Michael Risman, Corporation Counsel-4
The Journal of the last meeting was approved.
NO. 1
I transmit herewith the Pension Payroll for the Fire
Pension Fund for the month of April 2005 amounting to
$,$6,083.58. and request that checks be drawn to the
order of the persons named herein for the amounts
stated. Adopted
Ayes-4. Noes-0.
NO. 2
I transmit herewith the Pension Payroll for the Police
Pension Fund for the month of April 2005 amounting to
$5,956.92, and request that checks be drawn to the
order of the persons named herein for the amounts
stated. Adopted. Ayes-4. Noes-0.
NO. 3
On motion by Mr.Masiello, the City of Buffalo Police and
Fire Pension Board Meeting adjourned at 11:05 a.m.