HomeMy WebLinkAbout05-0405
No.7
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
APRIL 5, 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
- SOUTH
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Bonnie E. Russell
Chairman, Brian C. Davis, Joseph Golombek Jr., Richard A.
Fontana-Members
CLAIMS COMMITTEE: 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., 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
and in the name of 1256 Hertel Avenue Associates
COMMON COUNCIL LLC.
CITY HALL - BUFFALO PASSED
TUESDAY, APRIL 5, 2005 AYES - 8 NOES - 0
AT 2:00 P.M.
NO. 2
PRESENT – David A. Franczyk, President of the LEASE AGREEMENT FOR THE PRATT WILLERT
Council, and and Council Members Bonifacio, COMMUNITY CENTER -SCHOOL #47
Coppola, Davis, Fontana, Golombek, Russel AND POLICY BOARD, INC. FOR USE OF 422 PRATT
Thompson -8 STREET ELLICOTT DISTRICT
ITEM NO. 85, C.C.P. 10/1/02
On a motion by Mr. Coppola seconded by The Office of Strategic Planning, Division of Real
Mr.Fontana, the minutes of the stated meeting held Estate, has received a request from the Community
on (March 22, 2005 were approved. Action Organization, Inc and the School 47 Policy
FROM THE MAYOR - EXECUTIVE DEPARTMENT Board, Inc. (Lessee), to enter to a three (3) year lease
agreement with the City of Buffalo (Lessor), to manage
FROM THE OFFICE OF STRATEGIC PLANNING the Community Center located at, ,422 Pratt Street.
Your Honorable Body authorized the acquisition of this
NO. 1 property and lea~6"negotiations, Item #166, C.C.P.
EXCHANGE EASEMENT - PORTION OF 502 2/6/01. The City of Buffalo acquired title to the building
ELMWOOD FOR from the Buffalo Neighborhood Revitalization Corp. on
304-306 WEST UTICA 2/23/2001. The property consists of a 13,200 sq. ft.
NIAGARA DISTRICT building situated on a lot 200' x 161'.
The Office of Strategic Planning, Division of Real The lessee and the City have agreed to the following:
Estate, has received a request from Ramish & Bonnie Lessee will operate the center and provide senior and
Chainani to acquire a portion of the parking lot at 304-family service programs, after school programs,
306 West Utica. The portion in question is part of a community outreach programs and provide facilities for
garage, which was formerly owned by the Chainani's. a food pantry operation.
The Chainani's exchanged 414-sq. ft. of land, which 2. The annual rental will be One Dollar ($1.00).
included part of the garage for a comparable property The lessee will provide routine interior maintenance and
owned by the City. The City was to maintain the garage cleaning, minor repairs to heating, plumbing and
as part of the exchange. electrical systems. Lessee will also provide routine
The Chainani's have been maintaining and protecting maintenance of the exterior grounds to include grass
the garage, repairing the fence and picking up garbage cutting and snow removal from sidewalks and parking
and debris in and around the garage, since the City has lot.
been unable to adequately maintain the same. The lessee will provide general liability insurance
On July 9, 1999 the City of Buffalo obtained and naming the City of Buffalo as an additional insured. The
recorded an easement at 502 Elmwood for a pass type and amount of coverage to be determined by the
through from Elmwood Avenue to the parking lot behind Corporation Counsel, City of Buffalo.
business along Elmwood Avenue. The easement was 5. The City of Buffalo will be responsible for all major
obtained from Frances Jean Giordano, reputed owner repairs to the structure to include, roof, foundation,
502 Elmwood where the easement exists. In fact at the heating, plumbing and electrical systems.
time the easement was recorded the owner of record of 6. Either party may cancel the lease agreement, by
502 Elmwood was 502 Elmwood Avenue Incorporated giving a 60-day written notice to the other party of
not Frances Jean Giordano, creating a cloud on the the lease agreement.
City of Buffalo's interest in the easement. The property I am recommending Your Honorable Body to approve
at 502 Elmwood was subsequently acquired by the the above lease terms between the City of Buffalo and
the Community Action Organizationand the School
Chainani's in July of 2002. , Inc
The Chainani's have offered to clear up and transfer a 47 Policy Board, Inc. for a three (3) year period. The
proper easement grant to the City of Buffalo in lease shall commence on April 1, 2005 and expire on
exchange for the 414 sq. ft. of property formally owned March 31, 2008. I am further recommending that the
by them. Corporation Counsel prepare the necessary lease
I am recommending that Your Honorable Body approve agreement and that the Mayor be authorized to execute
the transfer of that portion of 304-206 West Utica in the same.
exchange for a proper easement grant at 502 Elmwood Mr. Coppola moved:
Avenue for the pass through from Elmwood Avenue to That the above communication from the Office of
the City owned parking lot located at 304-306 West Strategic Planning dated March 10, 2005, be received
Utica owned by Ramish and Bonnie Chainani and in the and filed; and
name of 1256 Hertel Avenue Associates LLC. That the Director of Real. Estate be, and he hereby, is
Mr. Coppola moved: lease agreement between the City and the School 47
That the above communication from the Office of Policy Board and the Community Action Organization
Strategic Planning, Division of Real Estate, dated Inc to manage The Community Center located at 422
March 29, 2005, be received and filed; and Pratt Street, for a three (3) year term commencing on
That the Director of Real Estate be and he hereby is April 1, 2005 and expiring March 31, 2008, with the
authorized to transfer that portion of 304-306 West conditions as listed in the above communication. That
Utica in exchange for a proper easement grant at 502 the Corporation Counsel be authorized to prepare the
Elmwood Avenue for the pass through from Elmwood necessary lease and that the Mayor be authorized to
Avenue to the City-owned parking lot located at 304-execute the same.
306 West Utica owned by Ramish and Bonnie Chainani PASSED
AYES - 8 NOES - 0 same.
Mr. Coppola moved:
NO. 3 That the above communication from the Office of
OAK STREET REDEVELOPMENT Strategic Planning, Division of Real Estate, dated
PROJECT NYR- 197 March 30, 2005, be received and filed; and
APPROVAL OF CONTRACT FOR That the offer from Mrs. Ethel B. Hale, residing at 621
SALE OF LAND - 1.5 ACRES 150 E. NORTH STREET East Ferry Street, in the sum of two thousand dollars
HRG 4/19/05 ($2,000.00) for the purchase of 625 East Ferry Street,
The City of Buffalo Urban Renewal Agency duly be and hereby is accepted; and
designated Buffalo City Mission and/or joint venture, That the appraisal requested by the City of Buffalo shall
partnership, corporation or other legal entity to be be paid by the purchaser;
formed as the qualified and eligible Redeveloper for the and
subject parcel. That the transfer tax, recording fees and cost of legal
The Agency has also determined that the proposed description shall be paid by the purchaser; and
Land Disposition Agreement negotiated by the Agency That the Corporation Counsel be authorized to prepare
and the Redeveloper is satisfactory. the necessary documents for the transfer of title and
Please be advised that in accordance with the that the Mayor be authorized to execute the same, in
provisions of Article 15A of the General Municipal Law, accordance with the terms of sale upon which the offer
it is now necessary for your Honorable Body to set a was submitted.
date for a public hearing, and to direct the publication of PASSED
a notice of said hearing. In the interest of time and AYES - 8 NOES – 0
anticipating that Your Honorable Body is willing to
expedite this matter, I have taken the liberty to prepare NO. 5
a Resolution together with a Notice of Public Hearing RESULT OF NEGOTIATIONS
for your action. 149 LOMBARD, 105'N PADEREWSKI
Forwarded separately are the following documents: LOT SIZE: 30' X 108'
1. Resolution setting Public Heating ASSESSED VALUATION: $1,400.
2. Notice of Public Heating 153 LOMBARD, 135' N PADEREWSKI
3. Resolution approving proposed Land Disposition LOT SIZE: 30' X 108'
Agreement ASSESSED VALUATION: 1,400.
After the Public Heating is held, Your honorable Body The Office of Strategic Planning, Division of Real
may adopt a Resolution Estate has received a request to purchase the above
authorizing the disposition of the land to the captioned City properties from Mr. Robert Redanz, 149
Redeveloper, which Agency has designated as being Playter Street, Buffalo, New York 14212. Mr. Redanz
qualified and eligible owns 161,157 and 155 Lombard, which are all two
REFERRED TO THE COMMITTEE ON REFERRED family homes adjoining to 149 and 153 Lombard. These
TO THE COMMITTEE ON COMMUNITY vacant lots will be used for additional yard space.
DEVELOPMENT The Division of Permit and Inspection Services and the
Division of Collections have no objections to the sale.
There are no building code violations, taxes or other
NO. 4 liens owed to the City by the purchaser.
RESULTS OF NEGOTIATIONS The Division of Real Estate has investigated the sale of
625 EAST FERRY, 460' W FILLMORE similar properties in the subject area. Sales prices
VACANT LOT: 30' X 106' range from forty cents (.40) to fifty-seven cents (.57),
ASSESSED VALUATION: $2,000 per square foot.
The Office of Strategic Planning, Division of Real The results of our negotiations are that we have agreed
Estate has received a request to purchase 625 East to a sales price of two thousand nine hundred dollars
Ferry Street from Mrs. Ethel B. Hale, 621 East Ferry ($2,900), forty-five cents (.45) per square foot, for the
Street, Buffalo, New York 14211. Mrs. Hale owns and subject properties. Mr. Redanz has also agreed to pay
resides at 621 East Ferry Street and intends to expand for the cost of the transfer tax, recording fees and cost
her property line and use for additional green space. of the legal descriptions.
The Division of Permit and Inspection Services and the I am recommending that Your Honorable Body approve
Division of Collections have no objections to the sale. the sale of 149 and 153 Lombard Street for two
There are no building code violations, taxes or other thousand nine hundred dollars ($2,900) to Mr. Robert
liens owed to the City of Buffalo by the purchaser. Redanz. I am further recommending that the
The Division of Real Estate has investigated the sale of Corporation Counsel prepare the necessary documents
similar residential vacant lot properties in the subject for the transfer of title and that the Mayor be authorized
area. Sales prices range from fifty cents (.50) to one to execute the same.
dollar and forty cents ($1.40) per square foot. REFERRED TO THE COMMITTEE ON COMMUNITY
The results of our negotiations are that Mrs. Hale is DEVELOPMENT
prepared to pay two thousand dollars ($2,000), which is
sixty-three cents (.63) a square foot for the parcel. She NO. 6
has also agreed to pay for the cost of the transfer tax, RESULT OF NEGOTIATIONS
recording fees and cost of the legal description. 557 WEST, 116.50' NW VERMONT
I am recommending that Your Honorable Body approve LOT SIZE: 25' X 148'
the sale of 625 East Ferry Street to Mrs. Ethel B. Hale ASSESSED VALUATION: $3,200.
in the amount of two thousand dollars ($2,000). I am The Office of Strategic Planning, Division of Real Estate
further recommending that the Corporation Counsel has received a request to purchase the above
prepare the necessary documents for the transfer of captioned City property from Mr. Jorge Mercado, 559
title and that the Mayor be authorized to execute the West Avenue, Buffalo, New York 14213. He intends to
use the property for additional yard space. forty-nine cents ($3.49) per square foot of living area.
The Division of Permit and Inspection Services and the The results of our negotiations are that Ms. Rose Yager
Division of Collections have no objections to the sale. has agreed and is prepared to pay three thousand three
There are no building code violations, taxes or other hundred dollars ($3.300.00), one dollar and forty-seven
liens owed to the City by the purchaser. cents ($1.47) per square foot of living area. She has
The Division of Real Estate has investigated the sale of also agreed to pay for the cost of transfer tax, recording
similar properties in the subject area. Sales prices fees and cost of the legal description.
range from forty-eight cents (.48) to one dollar and I am recommending that Your Honorable Body approve
fifteen cents ($1.15), per square foot. the sale of
The results of our negotiations are that we have agreed 207 Breckenridge Street to Ms. Rose M. Yager in the
to a sales price of one thousand eight hundred dollars amount of three thousand three dollars ($3,300). I am
($1,800), fifty cents (.50) per square foot, for the subject further recommending that the Corporation Counsel
property. Mr. Mercado has also agreed to pay for the prepare the necessary documents for the transfer of
cost of the transfer tax, recording fees and cost of the title and that the Mayor be authorized to execute the
legal description. same.
I am recommending that Your Honorable Body approve REFERRED TO THE COMMITTEE ON COMMUNITY
the sale of 557 West Avenue for one thousand eight DEVELOPMENT
hundred dollars ($1,800) to Mr. Jorge Mercado. I am
further recommending that the Corporation Counsel NO. 8
prepare the necessary documents for the transfer of ST. JOHN BAPTIST CHURCH REQUEST TO USE
title and that the Mayor be authorized to execute the CITY-OWNED
same. VACANT LOT LOCATED AT 1412 JEFFERSON,
Mr. Coppola moved: SOUTH CORNER
That the above communication from the Office of WOODLAWN
Strategic Planning, Division of Real Estate, dated LOT SIZE: 96 X 100
March 31, 2005, be received and filed; and MASTEN DISTRICT
That the offer from Mr. Jorge Mercado, residing at 559 ITEM NO. 18, C.C.P. 5/25/04
West Avenue, in the sum of one thousand and eight The Office of Strategic Planning, Division of Real
hundred dollars ($1,800.00) for the purchase of 557 Estate, has received a request from Mrs. Ida Hunt, Co-
West Avenue, be and hereby is accepted; and Chairs Evangelistic Ministry and Minister Michael
That the appraisal requested by the City of Buffalo shall Chapman, Pastor of St. John Baptist Church, 184
be paid by the purchaser; Goodell Street, Buffalo, New York 14204 to use the
That the transfer tax, recording fees and cost of legal City-owned vacant lot at 1412 Jefferson Avenue. The
description shall be paid by the purchaser; and purpose is to hold a Tent Revival on July 19 - July 21,
That the Corporation Counsel be authorized to prepare 2005.
the necessary documents for the transfer of title and St. John Baptist Church has agreed to clean the lot
that the Mayor be authorized to execute the same, in before and after their use and will provide proof of
accordance with the terms of sale upon which the offer liability insurance coverage in the amount of
was submitted. $1,000,000, holding the City of Buffalo harmless from
PASSED any accident or injury, which may result from their use
AYES - 8 NOES - 0 of the property.
I am recommending that Your Honorable Body approve
NO. 7 the request of St. John Baptist Church to use 1412
RESULTS OF NEGOTIATIONS Jefferson Avenue upon the above terms and conditions.
207 BRECKENRIDGE, 90' E BARTON Mr. Coppola moved:
LOT SIZE: 30' X 99' That the above communication from the Office of
ASSESSED VALUATION: LAND $ 3,300. Strategic Planning dated March 30, 2005, be received
TOTAL 7,000. and filed; and
The Office of Strategic Planning, Division of Real That the Director of Strategic Planning be, and he
Estate, has received a request to purchase 207 hereby is authorized to approve the request of St. John
Breckenridge Street from Ms. Rose Yager, 247 Barton Baptist Church, 184 Goodell Street for use of City-
Street, owned vacant lot at 1412 Jefferson Avenue for a Tent
P.O. Box 301, Buffalo, New York 14213. She intends to Revival on July 19-July 21, 2005. That the applicant
make repairs in the amount of twenty thousand dollars supply the Department of Strategic Planning with a
($20,000), in order to bring 207 Breckenridge Street certificate of insurance which will indemnify and save
into code compliance and use as a rental property. harmless the City of Buffalo against any accident or
The purchaser has provided the Division of Real Estate injury, and all loss or damage, arising out of the their
with cost estimates and proof of financial ability to use of the property.
acquire and rehabilitate 207 Breckenridge Street. This PASSED
two story two family home consisting of 2,252 feet of AYES - 8 NOES - 0
living area was acquired by the City of Buffalo through a
tax foreclosure in 2004, in poor condition situated on a FROM THE COMPTROLLER
lot 30' x 99'.
The Department of Permits and Inspection Services NO. 9
and the Division of Collections have no objections to BERC PENSION PLAN
the sale. There are no code violations, taxes or other ITEM #123, C.C.P. MARCH 22, 2005
liens owed to the City of Buffalo by the purchaser. We believe the cost issues raised in the resolution by
The Division of Real Estate has investigated the sale of Councilmember Golombek are valid. On a purely cost
two family homes in the subject area. Sales prices basis, it is difficult to justify a more generous pension
range from forty-seven cents (.47) to three dollars and plan for BERC employees than for employees of the
City of Buffalo. I would suggest a more complete any rank above police officer the contract calls for a
analysis of the BERC pension plan vs. the city plan to movement to step 5. There is no progression through
determine why it is more generous and why it should the steps as in other unions (the Fire contract has a
not mirror the state pension plan for city employees. similar provision)•
REFERRED TO THE COMMITTEE ON FINANCE The Police union is involved in litigation with the Buffalo
Fiscal Stability Authority (BFSA) and no court decisions
NO. 10 have been made at this time If the PBA prevails there
POLICE PAYROLL REVIEW will be a sizable retroactive payment compounding the
Description and History issues addressed in this review.
The City of Buffalo signed a long-term contract with the Audit Findings
Police Benevolent Association (PBA) for the police Findings by category
officers. The contract was signed before the Buffalo • Regular wages
Fiscal Stability Authority (BFSA) came into being on • Before the contract was signed, the regular pay bi-
July 1, 2003. weekly amount was approximately $1,670,000. It rose
At the time of the contract proposal, the Comptroller's to $1,980,000 after the contract and has declined to
Department reviewed the contract and had some $1,820,000 by the end of 2004. The retirements are
serious concerns about the savings that could be having an effect in regular wages by the end of 2004..
realized versus the additional costs incurred. Before the contract was signed, the regular pay bi-
The contract called for a $5,000 salary increase weekly hours were slightly above 69,000• This declined
retroactive to July 1, 2002. A provision to change to to 68,000 (relatively flat) after the implementation and at
one-officer patrol cars was included in the contract in year-end was under 65,000 hours•
1993, with a proviso that it was to be negotiated. It was • Overtime & Court Time
not negotiated by the administration until 2003. The • Before the contract was signed, the bi-weekly
1993 contract shortened the hours of the police force amounts court times were between $89,000 and
from the normal 2,080 hours (40 per week times 52 $129,000. These are still over $100,000. The overtime
weeks in a year) to 1,948 hours worked. This provision range was between $95,000 and as high as $126,000.
was not changed back to the 2,080 hours in the new These dropped dramatically to $47,000, but rose to
contract. 65,000 during the last half of 2004. However, the
In addition to the increase, which amounted to overtime is still well below the range prior to the new
approximately a 10% increase for a police officer, there contract.
was to be a 3.4 % increase for each year starting in • Total wages.
July 1, 2003, 2004, 2005, and 2006. The arbitrator Naturally the total payroll is at a higher level because of
award for the two prior years' back pay was 2.25% for the contract terms, but the effect of the retirements is
each year. bringing the total down. The total payroll was around
The incentive to reduce the number of officers and the $1,900,000 and it rose to $2,200,000 and remains
inclusion of one-officer cars was planned to offset the consistently at $2,000,000 for all of the payrolls in 2004.
cost of the $5,000 one-time pay increas and three years The graph has an adjustment for longevity payments
@ 3.4%. because two of these periods had large payments
How could these increases result in savings for the (based on date of police academy graduations).
City? The answer lies in the voluntary retirement of • Headcount
officers over the period of the contract. The total The headcount was in a close range around 868 from
number of undated retirements was 202 officers over Aug 2002 through Aug 2003. The payroll headcount is
the length of the contract which ends in June 2007 At now around 800 at year-end 2004.
the start of the contract, there were approximately 650 The original projections of an average of 757 for the 04-
officers and 300 police over the rank of officers 05 fiscal year appear to be a challenge. If at the halfway
(lieutenant to commissioner). At the end of the contract, point of 04-05 fiscal year, the headcount is at 790 and
it was projected that there would be the same number the count at the beginning of the year was 815, then the
of lieutenants, captains etc. (300) and the officer cadre year end count would need to be at 700 in order to
would be reduced to 450. The assumption is that average 757. This would entail 90 less officers by that
someone being promoted from a lower level would date.
offset any losses by retirement of captains, lieutenant's, • Average Regular Wages (includes all levels of
etc. The savings would be at the lowest salary level and officer).
the ratio in the department would be considerably more The average pay per officer (all levels) was at
crowded proportionately at the top. Current payroll approximately $58,000 and went to a level of $70,000.
numbers show 571 police officers and 219 at higher This is at a $66-67,000 level in the final quarter of 2004.
ranks, a reduction of only 160 officers as of January 1, A comparison of the second half of 2002-2003 (prior to
2005. contract) with a comparable number of payrolls in the
The audit released at the time questioned the timing of last half of 2003-2004 reflected an 11% increase in total
the savings. If the retirements which are voluntary, salaries due to a myriad of reasons. The 2004 period
happen at a slower pace the savings will be reduced. In does not have the 3.4% increase frozen by BFSA
addition, the costs in the early periods were to be offset awaiting a court decision. This would result in a sizable
at later periods. This ignored the present value of the increase.
dollars expended. The savings today are valued higher In effect the savings, have fallen considerably below the
than in the future time periods. mark. The cost estimate for the fiscal year 2004-2005
The Buffalo Fiscal Stability Authority (BFSA) froze the for the 3.4% increase should the PBA prevail is over
3.4% increase that would have been awarded to the $1.5 million dollars.
police at July 1, 2003. In addition there would be no Another analysis performed for the year 2004 on
increases in longevity levels of payment ($125 every Injured on Duty costs revealed some substantial
year for each member of the union (limit of 25 years numbers of officers out of service. The number is
and $3,125). Their step increases were also frozen. For increasing over the months in 2004. The Human
Resources department has assumed the administrative This is to advise your Honorable Body
that I have advertised for and received public bids
17/18
on March 23, 2005 for the Repair of Streetlight
Foundations and Knockdowns - Citywide - Group
role for IOD in Police and Fire. Their analysis dealt with
637.
the length of time on IOD status, and found that it is
declining. In obtaining bids for the above project, I have requested
bids on a unit price basis covering the various items of
Audit Observations
work and materials, which will be performed. The final
We will continue to track this contract from several
angles. We will look at the headcount numbers, the cost of the work will be based on the actual measured
quantities of materials entering into the work and may
overtime, the court costs and the total payroll costs.
be either more or less than the total bid.
We are less optimistic than we were several months
ago due to slow pace of retirements. We believe that The following bids were received:
Contractor Total Bid
until the court litigation is resolved, that an acceleration
of retirements may not materialize.
Price
The original estimates for the average headcount in
O'Connell Electric Co. $100,820.00
fiscal year 2004-2005 was 757. As of the January
929B Ransom Road
numbers, the headcotmt stands at 790. There would
Lancaster, NY 14086
need to be a sizable number of retirements now to
South Buffalo Electric, Inc. $105,150.00
attain that reduced level. The original savings projected
21 Foundry Street
by the administration began in the third year (04-05)
Buffalo, NY 14207
and only began to breakeven in the fourth year.
Spoth Enterprises, Inc.. $194,000.00
We originally expressed concerns about a police
8746 Lakeshore Road
contract in which the short-term costs could exceed
Angola, NY 14006
long-term savings. There are indications that overtime
I hereby certify that the lowest responsible bidder for
costs are trending upward and will offset long-term
the above project is O'Connell Electric Co. with a base
savings.
bid amount of $100,820.00. I respectfully recommend
We stress the fact that it's premature to say whether the
that Your Honorable body authorize a contract award to
five-year pact will financially benefit the city in the end.
O'Connell Electric Co. in the amount of $110,902.00
The city's precarious fiscal situation must also be taken
($100,820.00 Base Bid + 10% Unit Price Increase of
into account. We have a lot of concerns that the raises,
$10,082.00 equals $110,902.00).
and the pressures they'll put on other municipal
The engineer's estimate for this work is $150,000.00
employees when the administration tries to balance the
and funds are available in Capital Project Account
budget.
#30032106 and a future Capital Project citywide
The police contract includes a no-layoff clause. Some
infrastructure account for this type of work.
are concerned that job cuts might have to be made in
Mr. Coppola moved:
other divisions to pay for the police raise if retirements
That the above communication
do not reach projected levels
from the Commissioner of Public Works, Parks and
REFERRED TO THE COMMITTEE ON FINANCE
Streets dated March 31, 2005, be received and filed;
and
FROM THE COMMISSIONER OF MANAGEMENT
That the Commissioner of Public Works, Parks and
INFORMATION SYSTEMS
Streets, be, and he hereby is authorized to award a
contract for the Repair of Streetlight Foundations and
NO. 11
Knockdowns- Citywide Group 637, to O'Connell Electric
CERTIFICATE OF APPOINTMENT
Company, the lowest responsible bidder, in the amount
Appointment Effective: 03/28/05 in the Department
of$110,902.00 ($100,820.00 Base Bid + 10% Unit Price
of Management Information Systems to the Position
Increase of $10,082.00 equals $110,902.00). Funds for
of Computer Programmer Permanent at the third
the project are available in Capital Project Account
step of $41,516
#30032106 and a future Capital Project citywide
FRANCIS HONRADO, 121 DELSEN COURT,
infrastructure account for this type of work.
BUFFALO, NY 14216
PASSED
REFERRED TO THE COMMITTEE ON CIVIL
AYES – 8 NOES –0
SERVICE
NO. 14
NO. 12
Report of Bids
CERTIFICATE OF APPOINTMENT
Genesee Street Reconstruction
Appointment Effective: 03/28/05 in the Department
Bailey Ave. to East City Line
of Management Information Systems to the Position
PIN #5755.56
of Computer Programmer Permanent at the third
Lovejoy District
step of $43,122
This is to advise your Honorable Body that I have
Peter Zingorenko, 898 Parkside, Buffalo, Ny 14216
advertised for and received public bids on March 30,
REFERRED TO THE COMMITTEE ON CIVIL
2005 for Genesee Street Reconstruction, Bailey Ave. to
SERVICE
East City Line. This project will include reconstruction of
pavement, curbs, driveways, sidewalks, new storm
sewer, new waterline, street lighting, traffic signals,
FROM THE COMMISSIONER OF PUBLIC WORKS
signs and landscaping.
The following bids were received:
NO 13
Contractor
Report of Bids
Total Bid Price
Repair of Streetlight Foundations and Knockdowns
Destro & Brothers Concrete Company, Inc.
Citywide - Group 637
$7,157,353.00 placement & curing for installation of concrete
411 Ludington Street during cold weather, including heating and
Buffalo, NY 14206 blankets. Materials for cutting control joints in the
Janik Paving & Construction, Inc. concrete slab and caulking to fill the cut joints.
$8,093,068.44 Add $ 4,272.57
97 Evans Street 2. Installation of an additional support beam in the
P.O. Box 707 boat house area, including application of a
Hamburg, NY 14075 bonding agent used in the infill curbing at the north
Oakgrove Construction, Inc. wall. Add $ 823.77
$8,362,949.00 The foregoing change results in a net increase in the
P.O. Box 103 contract of Five Thousand Ninety Six and 34/100
Elma. NY 14059 Dollars ($5,096.34).
Catco Summary
$8,556,063.00 Current Contract Amount $112,663.85
1266 Town Line Road Amount of This Change Order (#2) $ 5,096.34
Alden, NY 14004 Revised Contract Amount $117,760.19
DiPizio Construction Co., Inc. Costs have been reviewed by the Consulting Engineer
$9,599,000.00 (Clough, Harbour & Associates LLP)
100 Stradtman Street and the Department of Public Works, Parks & Streets
Cheektowaga, NY 14206 and were found to be fair and equitable. Funds for this
Holmes & Murphy work are available in 36321406 445100 - Division of
$9,692,185.00 Buildings.
75 Bank Street I request that Your Honorable Body authorize the
Orchard Park, NY 14075 Commissioner of Public Works, Parks & Streets to
I hereby certify that the lowest responsible bidder for issue a change order to the contractor as set forth
the above project is Destro & Brothers Concrete above.
Company, Inc. with a base bid amount of Mr. Coppola moved:
$7,157,353.00. I respectfully recommend that Your That the above communication from the Commissioner
Honorable body authorize a contract award to Destro & of Public Works, Parks and Streets dated March 30,
Brothers in the amount of $7,515,221.00 2005, be received and filed; and
($7,157,353.00 Base Bid + 5% Unit Price Increase of That the Commissioner of Public Works, Parks and
$357,868.00 equals $7,515,221.00). This project is Streets be, and he hereby is authorized to issue change
funded by FHWA and the City of Buffalo as part of local order No. 2, to J. P. Construction of New York, Inc., an
Transportation Improvement Program (T.I.P), and the increase in the amount of $5,096.34, as more fully
City's share of costs are 5%. The engineer's estimate described in the above communication, for work relating
for this work is $6,967,469.00 and funds for this project to Job No. 0129, Delaware Park Casino, Lower Patio
will be available in a Capital Project Account Repairs, C #92010883. Funds for this project are
established specifically for this project. available in CPF 36321406 445100 - Division of
Mr. Coppola moved: Buildings.
That the above communication from the Commissioner PASSED
of Public Works, Parks and Streets dated March 31, AYES – 8 NOES – 0
2005, be received and filed; and
That the Commissioner of Public Works, Parks and NO. 16
Streets, be, and he hereby is authorized to award a Capital Improvements to Libraries
contract for Genesee Street Reconstruction, Bailey 2004/2005 Capital Budget
Avenue to East City Line, PIN #5755.56, to Destro & During the 2004/2005 Capital Budge process, the
Brothers Concrete Company, Inc., the lowest Buffalo & Erie County Public Libraries submitted the
responsible bidder, in the amount of $7,515,221.00 attached Requests for Capital Improvements. Their
($7,157,353.00 Base Bid + 5% Unit Price Increase of request for 2004/2005 was $827,000, however, the
$357,868.00 equals $7,515,221.00). Funds for the Citizens Planning Commission (CPC) recommended
project are available in a Capital Project Account $400,000, which was subsequently included in the
established for this project. approved Capital Budget. Since the available bond
In addition, this approval is also conditioned upon that funds are substantially less than the requested amount,
no road materials associated with the Genesee St. work will have to be prioritized by the City with input
Reconstruction project will be stored at the 411 from the Buffalo & Erie County Library.
Lexington St. site. Since the City's Capital Budget was approved in
PASSED December, Erie County has had well documented
AYES – 8 NOES – 0 budget problems. Much talk has centered around
closing a number of libraries across Erie County,
NO. 15 including most likely some within the City. Because the
Change in Contract Buffalo & Erie County Library does not know at this time
Delaware Park Casino which libraries will remain open and which will close, we
Lower Patio Repairs cannot determine how the $400,000 would be best
Job #0129 spent.
Delaware District REFERRED TO THE COMMITTEE ON BUDGET
I hereby submit to Your Honorable Body the following
changes for the Delaware Park Casino, Lower Patio NO. 17
Repairs, J. P. Construction of New York, Inc., C Cedar St – Clinton to William
#92010883. Ellicott District
1. Work necessary to provide protection during
location not yet determined.
Also, be advised that metered parking at this location
#73 of CCP 3/22/05
was previously approved as part of the CBD parking
This is in response to the above referenced
changes in conjunction with Buffalo Place. A copy of
subject which was referred to our office for review and
the item is attached for your information. Our
comment. Please be advised that Cedar St. was
department will work with the Division of Parking Meters
abandoned and undedicated as street right of way in
and Enforcement to maximize metered parking in this
1932 as part of the Ellicott Redevelopment Project. The
area.
former street R.O.W. running north of Clinton St.
RECEIVED AND FILED
adjoining the Bennett Park Montessori School 32 is still
City property and is being utilized as driveway and
FROM THE COMMISSIONER OF POLICE
parking area for the school. This usage was granted as
a result of a request from the Board of Education,
NO. 20
Associate Superintendent, Mel Alston.
"Proposed change to Delicatessen
Our department is unaware of any plans to re-open the
License Approval Process."
street and extend it north to William St. We have since
Item #140, C.C.P. March 8, 2005:
discussed this matter with the Board of Education and
Regarding the proposed change to the
were informed that they have no plans to extend the
delicatessen license approval process, the following
former Cedar St.
items sold at some delicatessens and similar type food
RECEIVED AND FILED
stores are commonly utilized in the use, packaging and
trafficking of narcotics, marihuana, and other illegal
NO. 18
drugs. If may be of further assistance, please contact
Permission to Accept NYS Community
me directly at 851-4570:
Capital Assistance Program Grant
Zip-lock bags %" x ½" Used to package
The City has received notice from the NY State
cocaine and crack-cocaine
Community Capital Assistance Program that funding
Zip-lock bags 1" x 1" - 2" x 2" Used to package
has been designated from the program in the amount of
marihuana and other drugs
$80,000 for improvements to Martin Luther King Park.
3" -5" hollow glass rods (pipes) Used to smoke crack-
The improvements will include renovations to the tennis
cocaine
and basketball courts, a new picnic area and benches
Cigarette rolling paper Used to roll and smoke
in the park.
a marihuana cigarette
Permission is requested from your Honorable Body to
Single cigars (Philly blunts) Used to mix and smoke
authorize our department to enter into all necessary
marihuana
agreements with the Community Capital Assistance
REFERRED TO THE COMMITTEE ON LEGISLATION
Program to allow the City to design, bid, construct, and
administer this project Permission is also requested to
FROM THE COMMISINER OF FIRE
receive funds and deposit into our Capital Project
Accounts to be established for citywide parks
NO. 21
improvements 2005.
Trade in of Multi Rae Gas Detectors
This work will be done in conjunction with the MLK Park
We are requesting approval to trade in four multi
Master Plan and is expected to bid later this summer of
rae gas detectors and apply the credit toward the
2005.
purchase of four new units. We will be receiving
Mr. Coppola moved:
approximately $1500.00 per unit on the trade in. The
That the above communication from the Commissioner
cost of a new unit is approximately $3500.00
of Police dated March 24, 2005, be received and filed;
Mr. Coppola moved
and
That the above communication from the Commissioner
That the Commissioner of Public Works, Parks and
of Fire dated March 18, 2005, be received and filed,
Streets, be, and he hereby is authorized to enter into all
and
necessary agreements with the Community Capital
That the Commissioner of Fire be, and he hereby is
Assistance Program to allow the City to design, bid,
authorized to trade in four (4) Multi Rae Gas Detectors
construct, and administer this project. That the
and apply the credit toward the purchase of four (4)
Commissioner of Public Works, Parks and Streets, be,
new units.
and he hereby is requesting to receive funds and
PASSED
deposit into Capital Project Accounts to be established
AYES – 8 NOES – 0
for citywide parks improvements 2005.
PASSED
FROM THE CORPORATION COUNSEL
AYES – 8 NOES – 0
NO. 22
No. 19
BERC Pension Plan
Repeal Cab Stands/Install Parking Meters
Item #123; C.C.P. March 22, 2005
On West Genesee St
As per the request of your Honorable Body, I am
Ellicott District
providing the following information regarding the BERC
Pension Plan.
#124 CCP 3/22/05
BERC employees are not considered public employees,
This is in response to an inquiry from Council Staff
and therefore, cannot vest in the New York State
regarding the subject referenced above. Your
retirement system. However, City of Buffalo employees
Honorable Body has previously approved the repeal of
are considered public employees, and are able to vest
taxi stands on the south side of West Genesee St.,
in the New York State retirement system, which has
west of Franklin St. (item # 124, CCP 3/22/05). These
considerably better benefits than the BERC plan.
cab stands were repealed to provide additional metered
Because of this major difference between the
parking and relocate the taxi stands to a more favorable
employees, it would be very difficult to devise a NO. 25
retirement plan for the BERC employees that would be Food Store License
comparable to the City of Buffalo employees' plan. 107 Wakefield (Masten)
Legally, there can be changes made to the BERC Pursuant to Chapter 194 of the City of Buffalo
pension plan, but a financial professional would be Ordinances, please be advised that I have examined
better suited to determine what necessary changes, if the attached application for a Food Store License
any, should be made to make the two plans located at 107 Wakefield and find that as to form is
comparable, taking into consideration the difference correct. I have caused an investigation into the
between the status of the employees. premises for which said application for a food store
REFERRED TO THE COMMITTEE ON FINANCE license is being sought and according to the attached
reports from the Zoning Office, Fire Department,
NO. 23 Building Inspections, Police Department and
Crime Victims and Towing Charges Collections Office I find it complies with all regulations
Item #125; C.C.P. March 22, 2005 and other applicable laws. This request is submitted for
As per the request of your Honorable Body, I am your approval or whatever action you deem
providing the following information regarding crime appropriate.
victims paying towing charges. DENIED
Legally, the Common Council could pass legislation
waiving any charges incurred by crime victims for NO. 26
towing charges. However, most of these charges are Food Store License
covered by an automobile insurance policy, and often 599 Walden (Lovejoy)
there is no expense to the crime victim. In addition, this Pursuant to Chapter 194 of the City of Buffalo
Honorable Body would need to determine an equitable Ordinances, please be advised that I have examined
policy for everyone regarding this issue, and detail the the attached application for a Food Store License
instances where this waiver would be applicable. located at 599 Walden and find that as to form is
REFERRED TO THE COMMITTEE ON LEGISLATION correct. I have caused an investigation into the
premises for which said application for a food store
NO. 24 license is being sought and according to the attached
SEQRA for J.N. Adam Property reports from the Zoning Office, Fire Department,
Item #121; C.C.P. March 22, 2005 Building Inspections, Police Department and
As per the request of your Honorable Body, I am Collections Office I find it complies with all regulations
providing the following information regarding SEQRA and other applicable laws. This request is submitted for
review and lead agency status for the J.N. Adam your approval or whatever action you deem
property. appropriate.
If the Common Council decides to adopt the above-REFERRED TO THE COMMITTEE ON LEGISLATION
referenced resolution requesting lead agency status for
the SEQRA review of the J.N. Adam property, the FROM THE COMMISSIONER OF ADMINISTRATION
following steps must first be taken pursuant to the AND FINANCE
SEQRA Regulations:
The Common Council must notify the purchaser that an NO. 27
environmental review is being requested, and that a Certificate of Appointment
Long Environmental Assessment Form (LEAF) must be Appointment Effective: March 28, 2005 in the
filed. After the LEAF is filed, all involved agencies Department of Administration and Finance Division of
(those agencies that will have approval power over Parking Enforcement to the Position of Junior Data
various aspects of the proposed use of the land) will be Control Clerk Permanent, Appointment, Maximum,
listed on the form. At this time the Common Council Starting Salary of: $28,493
would vote to adopt a resolution to serve as lead Marlene L. Smith 52 Stewart Avenue Buffalo, 14211
agency. REFERRED TO THE COMMITTEE ON CIVIL
The Common Council then must provide notice to all SERVICE
involved agencies that it is requesting lead agency
status for the project, and all involved agencies have FROM THE COMMISSIONER OF HUMAN
thirty (30) days to object to this proposal. RESOURCES
If all involved agencies agree that the Common Council
should serve as lead agency, then the SEQRA review NO. 28
may be commenced. C.C.P. Item #123
If all involved agencies do not agree that the Common BERC Pension Plan
Council should serve as lead agency, then the Regarding the above referenced item, please be
Commissioner of the New York State Department of advised that the Department of Human Resources has
Environmental Conservation will determine the agency no involvement with BERC.
best fit to serve as lead agency. REFERRED TO THE COMMITTEE ON FINANCE
The Common Council would need to identify the
necessary staff to conduct the environmental review, FROM THE CITY CLERK
who are experienced in SEQRA and other relevant
statutes and regulations for completion and review of NO. 29
the proposed sale and use of the property. MINUTES OF THE BOARD OF ETHICS
REFERRED TO THE COMMITTEE ON FINANCE Attached please find the minutes of the February 22,
2005 Board of Ethic meetings.
FROM THE COMMISSIONER OF PERMIT & RECEIVED AND FILED
INSPECTION SERVICES
NO. 30
LIQUOR LICENSE APPLICATIONS of $26,562
Attached hereto are Communication from persons James McCabe, 29 Mayer Avenue, Buffalo, New York,
applying for liquor licenses from the 14207
Erie County Alcohol Beverage Control Board. Certificate of Appointment (Amended)
Appointment Effective: 03/15/2005 in the
Address Business Name
Owners Name
Department of City Clerk
364 Virginia AKA 370 Virginia Betty’s
to the Position of Laborer II, Permanent Appointment at
Caroll Ann Simon
the minimum starting salary of $11.70/hr
47 E Mohawk Mohawk Place
Rashad Howard, 124 Fulton #3A, Buffalo, Ny 14215
Peter Perrone
CERTIFICATE OF APPOINTMENT
3110-3112 Main St Samantha Ryan
Appointment Effective: March 18, 2005 in the
Samantha Ryan
Department of Audit and Control
RECEIVED AND FILED
Division of Accounting to the Position of Junior
Accountant Permanent at the first step of $28,772
NO. 31
Demetria A. Harris 115 Mortimer Street Buffalo NY
LEAVES OF ABSENCE WITHOUT PAY
14204
I transmit herewith notifications received by me,
Certificate of Appointment
reporting the granting of the leaves of absence without
Appointment Effective: March 28 , 2005 in the
pay, in the various departments as listed:
Department of Police to the Position of Crossing Guard,
Police- Thomas Whelan, Sandra Brown, Deborah
Temporary at the minimum Starting Salary of
Mulhern
$7.09/hr
RECEIVED AND FILED.
Sharon Burts, 17 Mary B. Talbert Blvd, Buffalo, Ny
14204
NO. 32
CERTIFICATE OF APPOINTMENT
REPORTS OF ATTENDANCE
Appointment Effective: April 4, 2005 in the Department
I transmit herewith communications received by me,
of Administration and Finance Division of Parking
from the various boards, commissions, agencies and
Enforcement to the Position of
authorities reporting the membership attendance at
Parking Enforcement Officer, Permanent Appointment
their respective meetings:
at the minimum starting salary of $25,793
Buffalo Sewer Authority
Brendan B. Keavey, 126 Norwood Ave, Buffalo, Ny
RECEIVED AND FILED
14222
NO. 33
NON-OFFICIAL COMMUNICATIONS, PETITIONS
NOTICES OF APPOINTMENTS - SEASONAL/FLAT
AND REMONSTRANCES
I transmit herewith certificates received by me,
reporting seasonal and flat salary appointments made
NO 35
in various departments.
D. BONIFACIO-NORTHERN SHARED BORDER
RECEIVED AND FILED.
GATEWAY
Certificate of Appointment
Item available for review in the City Clerk’s office
Appointment Effective: March 21, 2005 in the
REFERRED TO THE COMMITTEE ON COMMUNITY
Department of Administration and Finance Division of
DEVELOPMENT
Parking Enforcement
to the Position of Laborer II,
Seasonal, Non Competitive at the minimum Starting
NO. 36
Salary of $8.15/hr
D. BONIFACIO-NEW PEACE BRIDGE VISITOR
Joseph J. Mielcarek, 43 South Pontiac St, Buffalo, NY
CENTER
14206
Item available for review in the City Clerk’s Office
Kevin Derfert, 1080 Military Road, Buffalo, Ny 14217
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO 34
APPOINTMENTS - TEMPORARY, PROVISIONAL OR
NO. 37
PERMANENT
E. BERRY SAVE OUR LIBRARIES THOUGHTS ON
I transmit herewith Appointments in the various
WHO TO FILL MR. GRIFFIN’S SEAT
departments made at the Minimum (Temporary,
Item available for review in The City Clerk’s Office
Provisional or Permanent) (as per contract
RECEIVED AND FILED
requirements).
REFERRED TO THE COMMITTEE ON CIVIL
NO. 38
SERVICE.
J. BUTLER-REQUEST DISCUSSION OF MARINE
DRIVE APARTMENTS
Certificate of Appointment
Dear Mr. Chawalinski:
Appointment Effective: March 21, 2005 in the
I hereby request m be placed on the agenda at a
Department of Public Works, Parks & Streets Division
Common Council meeting as soon as possible to
of Streets
discuss the Marine Drive Apartments.
to the Position of Street Worker Permanent, Non
Thanking you in advance, I am
Competitive at the minimum starting salary of $26,779
REFERRED TO THE COMMITTEE ON LEGISLATION
James E. Morris, 424 Hoyt St, Buffalo, NY 14213
Certificate of Appointment
NO. 39
Appointment Effective: March 28, 2005 in the
DELINQUENT WATER CHARGES-FORECLOSURE
Department of Public Works, Parks & Streets, Division
REVENUE FORECAST
of Water to the Position of Meter Reader
The purpose of this letter is to respond to your recent
Temporary Appointment at the Starting Starting Salary
request to Mr. Seaman regarding an estimate of commuter discounts included in the Capital Plan are:
revenue from the pending foreclosure sale of properties Grand Island Commuter, Black Rock Commuter, and
with delinquent water charges. City Line Commuter, all of which would be a frequent
An accurate estimate of anticipated revenue is difficult commuter plan requiring a minimum of 20 trips at a
for this department since we have no historic specific tell plaza. Western New Yorkers may also
documentation of past experience since this is the first benefit from the Annual Permit Plan, which would
time properties have been included in a foreclosure included a fiat fee for the first 30 miles or less, per trip
sale due to unpaid water and sewer charges. on the ticketed portion of the Thruway, and/or the
Based on the initial data collected from the mailing and Motorcycle and Motor Home Discounts, tag specific
anecdotal information related to past sales for taxes, we plans that would require proof of vehicle and could be
have prepared the following estimate for your used at all Toll Plazas.
information. Approximately 2,660 properties received The Grand Island Resident Plan will continue at the
an initial mailing advising them of the foreclosure same toll rate. It should be noted that
process for unpaid water charges. The total amount of the passenger vehicle tolls at the Black Rock and City
delinquent charges for water only on these accounts Line barriers have not changed in more
was approximately $3,321,655. Based on discussions than 24 years.
with officials from the tax department, we can assume The Authority receives no state tax dollars for its
that nearly fifty percent of the owners of the affected operation of a user-fee highway System. The revenue
properties will settle these accounts in full prior to the the Authority receives through tolls is spent primarily on
sale date which would generate approximately the operation, maintenance and improvements of the
$1,660,827 in revenue. It is not possible to estimate the 641-mile Thruway System. Since 1987, the Authority
value of any additional revenue for the properties that has invested approximately $321 million in the Niagara
are included in the foreclosure sale since many of these Section of the Thruway, an average of $18 million per
properties are abandoned and will likely be struck to the year. In the Authority's Buffalo Division, 127 miles of
City as ln-Rem properties in which case the water and new and/or rehabilitated highway, 74 new and/or
sewer charges are abated. rehabilitated bridges, 89 added truck parking spaces,
It is also important to note that since the Division of five service area upgrades, and four new noise barrier
Water has had an active collections program in place locations are included in the proposed Capital Plan.
for some time which allows customers to make Pursuant to Public Authorities Law Section 2804, a
payment arrangements for overdue bills, that many of public hearing will be held on April 4, 2005 from 6 p.m.
the properties with debt that is assumed to be to 8 p.m. at the General Donovan State Building in
collectable have already agreed to a repayment plan Buffalo. The public is encouraged to attend the hearing
with this department. and formally submit their comments and participate in
If you have any further questions, please feel to contact the open forum. Authority representatives will be on
this office for information. hand to provide information on the Authority's multi-
REFERRED TO THE COMMITTEE ON FINANCE year Capital Plan, as well as the proposed toll
adjustment.
NO. 40 REFERRED TO THE COMMITTEE ON LEGISLATION
D. GILBERT RESPONSE TO NYS THRUWAY
CAPITAL PLAN & TOLL ADJUSTMENT NO. 41
Thank you for contacting the New York State J. GOLOMBEK-L COSTA OPPOSE PROPOSAL
Thruway Authority regarding its proposed Capital BASS PRO
Plan and toll adjustment. Executive Director KrIspy Creme had a great franchise till they over
Michael Fleischer asked that I respond to your letter expanded and collapsed. Bass Pro Shops has a great
regarding the Resolution passed by the Common franchise but will they also collapse?
Council of the City of Buffalo, requesting the The danger signs are there. They propose to build a
removal and/or relocation of the Breckenridge 245,000 sq. ft. Bass Pro Shop in the long vacant
Avenue and Ogden Street tell barriers on ]-190 Buffalo Memorial Auditorium but they also have
and/or discounted toll rates for commuters at these facilities in Toronto to the north of Buffalo, a facility to
barriers. the east of Buffalo in Auburn, NY one slated to be built
On December 16, 2004 the New York State Thruway in Pittsburgh, Penn to the south of Buffalo and shortly
Authority Board was presented with and initially another one to the west of Buffalo in Cleveland, Ohio.
approved a proposed multi-year Highway and Bridge This appears to be overkill of the retail market for
Capital Plan to address critical infrastructure needs, sporting goods especially for the Buffalo area which is
traffic demands, and improved customer service along over retailed.
the 641 mile Thruway System through 2010. The If Bass Pro Shops wanted to invest their own dollars in
Capital Plan also includes a study to examine the conversion of Memorial Auditorium into a sports
converting the Thruway to several different forms of equipment facility they would certainly be welcomed to
open road tolling including reviewing a barrier system do as they wish with their own money. BUT they are
with highway speed toll collection and cashless asking for a SUBSIDY of 66 MILLION dollars of
systems. TAXPAYER'S DOLLARS. To ad injury to insult they are
Although the Thruway Authority's current bond also not going to pay any property taxes to the CITY of
covenants preclude the Authority from providing free BUFFALO. This ABUSE of the PUBLIC PURSE must
passage on any portion of the Thruway System that be STOPPED!
was subject to tells on August 3, 1992, as part of its Being an architect and developer I became interested in
proposed Capital Plan, the Authority would, for the first the redevelopment of Memorial Auditorium. I think my
time in its 50-year history, offer commuter discounts in solution is a highly imaginative and practical solution of
every region of the State. Commuters would be what to do with this long vacant facility: as the materials
required to enroll in the E-ZPass Program to be eligible I left with you in our meeting in your city hall offices on
for the commuter discounts. In Western New York, March 22, 2005 can attest to.
I appreciate your kind reception to my proposal and
hope you can interest your colleagues in opposing this NO. 44
proposal. NEW YORK STATE DEPARTMENT OF
REFERRED TO THE COMMITTEE ON COMMUNITY TRANSPORTATION DESIGNATION OF
DEVELOPMENT RESTRICTED HIGHWAY
Pursuant to Section 104a of the Highway Law the
NO. 42 following described highway:
J. KLUKOWSKI-REQUEST APPOINTMENT OF Beginning at the Western terminus of New York Route
DENNIS MAREK FOR SOUTH COUNCILMAN 33, (Kensington Expressway) at N.Y. Route 198,
Please consider the appointment of Mr. Dennis Marek (Scajaquada Expressway) and proceeding in an
for the position vacated in the South District Common easterly direction to the eastern terminus of Genesee
Council. Dennis is very effective in the District office Street, all in the City of Buffalo and Town of
and is an asset to the citizens of the South Buffalo and Cheektowaga in Erie County which is being
the entire City of Buffalo. His appointment will keep the rehabilitated trader Contract No. D255503, is hereby
ball rolling with crucial issues confronting all of us. designated as a Restricted Highway. Designation of
Dennis has attended many of our Cazenovia Area Restricted Highway shall expire on July 31, 2005.
Street Block Club meetings. He has proven to be very Pursuant to Section 1625 of the Vehicle and Traffic
helpful and extremely knowledgeable in City Law, all movement of vehicles, persons, or animals on
government and policies. We have found Mr. Marek to such highway is hereby restricted and regulated in
be the best qualified to be the representative of our accordance with the determination of the Commissioner
community. of Transportation as evidenced by posted signs,
The voters of the South District sent a clear message in signals, or barriers placed along said highway and/or by
2003 with the election of Mr. Griffin. His direction by an authorized representative of the
recommendation should be seriously considered in this Commissioner of Transportation.
matter. We agree that Dennis is the best person for the Any action taken by the Commissioner of
Common Council South District. Transportation pursuant to Section 1625 of the Vehicle
RECEIVED AND FILED and Traffic Law shall supersede any other provisions of
the Vehicle and Traffic Law where inconsistent or in
NO. 43 conflict with respect to the following enumerated
NON TRADITIONAL MODIFIED AND ACREDITED subjects:
ACEDEMIC PROGRAMS FOR THE DISABLED THAT 1. Establishment of maximum and minimum speed
ARE LEARNING DISABLED limits at which vehicles may proceed along any such
I had filed a letter last year on 4/22/04, and my claim restricted highway.
was heard by the committee on special education. Mr. 2. Weights and dimensions of vehicles.
Antoine Thompson was the chair-person for that 3. Use of such restricted highway by pedestrians,
committee on 6/30/04. The topic of my filed letter from equestrians, and animals.
4/22/04, was Non-traditional modified and accredited -4. Parking, standing, stopping, and backing vehicles.
academic programs (NTAP) for disabled adults that are 5. Control of persons and equipment engaged in work
learning disabled! It was heard on 6/30/04, and on such highway.
members from the local Board of Education were Any provisions of the Vehicle and Traffic Law with
present. I thought then, that the members from that respect to registration shall not apply to vehicles and
board and/or the council would had brought my request equipment engaged in work on such restricted
to the attention of the Budget Office-U.S. Department of highways.
Education When used on such restricted highways, all traffic
ED administers a budget of Billions per year and control devices shall be considered as official traffic
operates programs that touch on every area and level control devices and shall conform to the manual and
of education,I had not heard from the council and/or specifications for a uniform system of traffic control
members of the Ed. -board since 6/30/04. Therefore, on devices adopted by the Department of Transportation.
10/7/04, I had gave a letter to a staff member of -Mr. RECEIVED AND FILED
Thompson, and I did not get a reply from him or his
staff! I'm requesting to have this filed letter heard by the NO. 45
legislative committee this time. My topic will be on the D. SMITH RESOLUTION RE TERMINATION OF
urgent need for Non-traditional modified and accredited AGREEMENT PARKLAND OPERATION
academic programs for disabled adults that are learning Dear Council members:
disabled! ADA Title 111: Public Actions, and ADA Title Enclosed are 2 resolutions filed by Republican Caucus
11: State and Local Government Activities. Legislators Charles Swanick, (Grand Island,
Therefore, I need your council to invite one or two state Tonawanda), Jeanne Chase (Hamburg, Eden) and
legislatures from Albany! I'll need legislatures that are Steven McCarville (Orchard Park) in an attempt to
responsible for budgeting educational programs for the terminate the intermuncipal Cooperation Agreement for
learning-disabled adults/in regards to the 2005 RED operating, management and improvements of City of
BOOK. Buffalo Parklands.
I'll need one person from the Social Security The reasoning for the termination is failure to make
Administration. I'll need a person that is in charge of payments and displeasure among Council members
Employment Support for people with developmental who want to terminate the agreement as well. Please
disabilities/in regards to the 2005 RED BOOK.forward official correspondence to the Erie County
I look forward to receiving a reply letter in regards to the Legislature regarding the Council's desire to retain or
next meeting and my requests. Mail your reply letter to terminate the Parks Agreement as well as the status of
my post office address. the first quarterly payment. The favor of a reply is
rd, th
Sincerely,
requested by April 32005 for action at the April 4
REFERRED TO THE COMMITTEE ON EDUCATION
Community Services Committee meeting.
Additionally, your offers and recommendations are and the State of New York to settle its dispute over the
requested on the second resolution submitted by reverter clause in the JN Adam Deed. A resolution to
Legislator Cusak (R) Amherst, regarding a City County this matter is vital to the residents of this small town in
Parks Progress Group. Thank you for your attention to rural Western New York so that we do not lose over a
this matter. Please forward requested correspondence million dollars in funding.
to my attention at 25 Delaware Avenue, Buffalo, NY Your prompt attention to this matter will be greatly
14202. appreciated.
REFERRED TO THE SPECIAL COMMIITTEE ON REFERRED TO THE COMMITTEE ON FINANCE
BUDGET AND THE CORPORATION COUNSEL
NO. 47
NO. 46 A THOMPSON –HAZARDOUS CONDITIONS 495
WATER SYSTEM \ J N ADAM MEMORIAL NORFOLK
PROPERTY LOCATED IN PERRYSBURG, NEW Dear Mr. Chwalinski:
YORK I am writing to respectfully request your assistance in
The Town of Perrysburg is located in the northwest filing the attached document for the next Common
corner of Cattaraugus County. Located in the south-Council meeting on April 5, 2005.
central portion of the Town is the Village of Perrysburg. I thank you for your assistance in this matter. Should
The Village maintains a publicly owned community you have any questions, please feel free to contact me
water system. Water is purchased from the State of at (716) 851-5145.
New York Office of Mental Retardation and REFERRED TO THE CORPORATION COUNSEL
Developmental Disabilities (OMRDD) this water facility
is located on property that the City of Buffalo has a
reverter clause to. A water supply system is in place to PETITIONS
service the former JN Adams Developmental Center
that also provides water supply to the Village. OMRDD NO. 48
desires to no longer operate their water supply system, O. RAUVENPOOR, OWNER, USE 1009 ELMWOOD
but they will continue to consume one-third of the water FOR A SIDEWALK CAFE (NORTH) (HRG 04/12/05)
and they will continue to pay a proportional share of the REFERRED TO THE COMMITTEE ON LEGISLATION,
capital costs. THE CITY PLANNING BOARDAND THE
The Town is planning to form a water district that will CORPORATION COUNSEL
include necessary up grading of the existing
infrastructure and extend the system to service NO. 49
insufficient yielding private wells outside the Village G. KALLAS, OWNER, USE 212 PEARL ST AI~ 127
limits. We started this process in the fall of 2000. At that FRANKLIN FOR I SANDWICH SIGN (EILICOTT) (NO
time, we were assured that we would be given the PUB HRG)
necessary land and reservoirs needed in order to REFERRED TO THE COMMITTEE ON LEGISLATION,
provide water to our residents. THE CITY PLANNING BOARDAND THE
The town received a confirmation letter on May 18, CORPORATION COUNSEL
2004 for a $1,012,178.00 grant and an interest-free
loan of $867,822.00 from New York Drinking Water REGULAR COMMITTEES
State Revolving Fund (DWSRF). The Office of Mental CIVIL SERVICE
Retardation and Developmental Disabilities has 7 (BONNIE E. RUSSELL, CHAIRPERSON)
homes, one office building and two program buildings
that would be serviced by this district and would pay NO. 50
approximately $600,000.00 of the capital costs. The MEMORANDUM OF SETTLEMENT - GRIEVANCE
DWSRF grant application must be completed by NO. O2003-10-12, LOCAL 282
October 2005. The Town of Perrysburg will risk losing (ITEM NO. 38, C.C.P., MAR. 22, 2005)
over a million dollars in grant funding if this application That the Memorandum of Settlement between the City
is not completed by the deadline. of Buffalo and Buffalo Professional Firefighters
Association, Local 282, IAFF, AFL-CIO -CLC
The Town of Perrysburg has a lot of work to complete representing Firefighters who are detailed during their
before we can assure the DWSRF that we can provide regular scheduled duty shift without notice of said detail
water to our residents. This water would come from the in advance, and who use their personal vehicle to
reservoirs located on the JN Adam property that are transport to the detail location, shall be compensated at
filled from wells and lines that the New York State and the rate of $9.00 per day, effective as of the date of
the City of Buffalo must sign over to the Town of filing of the grievance, be and hereby is approved and
Perrysburg. ratified.
We MUST have an agreement with OMRDD to develop PASSED
a transition plan that would continue to support the AYES - 8 NOES – 0
existing Village water supply and an agreement with the
City of Buffalo to sign-off on the reverter clause for the NO. 51
property by May 1, 2005 to be assured of meeting our APPOINT PUMPING PLANT
deadline. The following must be completed: OPERATOR(TEMP)(MAX)(MAUNZ)(PW)
State Environmental Quality Review process (ITEM NO. 32-C.C.P. MAR 22, 2005)
District Formation process, including a public hearing That Communication 32, March 22, 2005 be received
and resolution subject to a permissive referendum and filed and the Temporary appointment of Daniel
Bond Resolution adopted (with a twenty day Estoppel Mannz, 333 Potters Road, Buffalo, NY 14220 effective
Period) on March 7, 2005 is hereby approved.
Professional service agreements secured PASSED
The Town of Perrysburg requests the City of Buffalo AYES - 8 NOES - 0
NO. 60
NO. 52 COB WATER USE FOR AESTHETIC AND
APPOINT PRINCIPAL RECREATION PURPOSES
ENGINEER(PROV)(MAX)(MERLO)(PW) (CCP#144, 11/30)
(ITEM NO. 33-C.C.P. MAR 22, 2005) That the above item be and the same hereby is
That Communication 33, March 22, 2005 be received received and filed
and filed and the Provisional appointment of Peter J. ADOPTED
Merlo, 799 Bird Avenue, Buffalo, NY 14209 effective on
Marchl4, 2005 is hereby approved. NO. 61
PASSED REV D GILLSON-BFLO RAIDERS LIT LEAGUE FTBL
AYES - 8 NOES – 0 EMERSON PK RESTROOM/CONC
(#74,7/20) (CCP#100, 10/5)
NO. 53 That the above item be and the same hereby is
NOTICES OF APPOINTMENTS-received and filed
TEMP/PROV/PERM(CTY CLK) ADOPTED
(CCP#49, 03/22)
That the above item be and the same hereby is NO. 62
received and flied A. THOMPSON-REQUEST FOR SIDEWALK REPAIR
ADOPTED @ 495 NORFOLK AVE
(CCP#60, 02/22)
FINANCE That the above item be and the same hereby is
(BRIAN C. DAVIS, CHAIRMAN) received and filed
ADOPTED
NO. 54
CITYWIDE CRACK SEALING PROGRAM (PW) NO. 63
(CCP#26, 03/22) OBTAINING BIDS FOR CITY RECYCLING
That the above item be and the same hereby is CONTRACT
received and filed (CCP#111, 02/22)
ADOPTED That the above item be and the same hereby is
received and filed
NO. 55 ADOPTED
DRUG ASSET FOREFEITURE CHECKS RECEIVED
(POL) LEGISLATION
(CCP#34, 03/22) (RICHARD A. FONTANA, CHAIRMAN)
That the above item be and the same hereby is
received and filed NO. 64
ADOPTED R. HARPER, AGENT, LAMAR ADVERTISING,
PETITION TO USE 393 KENSINGTON FOR A FACE
NO. 56 BILLBOARD
SEQR J.N. ADAM DEVELOPMENTAL CENTER - (ITEM NO. 58, C.C.P., MAR. 22, 2005)
PERRYSBURG, NY That after the public hearing before the Committee on
(ITEM NO. 121, C.C.P., MAR. 22, 2005) Legislation on
That pursuant to the New York State Environmental March 29, 2005, the petition of Rita Ippolito, agent for
Quality Review Act (SEQR) Section 617.6 and Section Lamar Advertising, for permission to use 393
168-7 of the Code of the City of Buffalo, the City of Kensington for an electronic changeable face billboard
Buffalo Common Council is authorized to accept the to existing 14 x 48 West Face Billboard be, and hereby
designation of Lead Agency Status for the proposed is approved.
sale of 649 acres of the J.N. Adam Development PASSED
Center in Perrysburg, New York. AYES - 8 NOES - 0
ADOPTED
NO. 65
NO. 57 APPOINTMENT MEMBERS TO THE BUFFALO
A. THOMPSON-CITY TAX AUCTION BOARD OF PARKING
(CCP#65, 02/8) (ITEM NO. 1, C.C.P., MAR. 22, 2005)
That the above item be and the same hereby is That the appointment of members to the Buffalo Board
received and filed of Parking of David B. Kelly, residing at 19 Dundee
ADOPTED Street for a term commencing immediately and expiring
March 31, 2112 of James P. Verrastro, residing at 270
NO. 58 Woodbridge Avenue for a term commencing
WATER RATE ANALYSIS STUDY (CCP#138, 11/30) immediately and expiring March 31, 2006 be, and
That the above item be and the same hereby is hereby are approved.
received and filed PASSED
ADOPTED AYES - 8 NOES - 0
NO. 59 NO. 66
UNACCOUNTED FOR WATER (CCP#145, 11/30) REQUIRING BUSINESSES TO DISPLAY THEIR CITY
That the above item be and the same hereby is LICENSES
received and filed (ITEM NO. 126, C.C.P., MAR. 22, 2005)
ADOPTED That the above item be, and the same hereby is
returned to the Common Council without
recommendation. received and filed
That the above item be the same and hereby is ADOPTED
received and filed.
ADOPTED NO. 74
ENCROACH 283 MAIN STREET - AWNINGS,
NO. 67 ELEVATED
A. CLEARY, PETITION TO USE 125 CHERRY (ITEM NO. 47, C.C.P., JULY 20, 2004)
STREET – 2V NON ACCESSORY SIGNS (ITEM NO. (ITEM NO. 106, C.C.P., DEC. 14, 2004)
69, C.C.P., FEB. 8, 2005) (ITEM NO. 88, C.C.P., MAR. That the Commissioner of Public Works, Parks and
22, 2005) Streets be, and he hereby is authorized to issue a
That the above item be, and the same hereby is, "mere license" to Ellicott Group, located at 283 Main
returned to the Common Council without Street, to install five (5) awnings which would encroach
recommendation. city right-of-way at said address, subject to the
Mr. Fontana moved: conditions, subject to the following conditions:
That after the public hearing before the Committee on That the applicant obtains any and all other City of
Legislation on February 15, 2005, the petition Cleary, Buffalo permits necessary for said installation.
agent, for permission to use That the awning be installed exactly as shown on plans
125 Cherry Street for two 12' x 48' non-accessory signs submitted to and approved by the Department of Permit
on the side of an existing 5 story masonry warehouse and Inspection Services.
be, and hereby is approved with the condition that the That the applicant be responsible for maintenance of
New York State Department of Transportation approves the awnings as long as they remain within City right of
of these signs. way.
PASSED That the applicant obtains an annual license to occupy
AYES - 8 NOES - 0 City right of way at a cost of $100.00 per year as
described in part H. of Chapter 413-56 of the City
NO. 68 Charter.
FOOD STORE LICENSE - 211 NIAGARA STREET That in the event that the Commissioner of Public
(ITEM NO. 37, C.C.P., FEB. 22, 2005) Works, Parks and Streets determines the
(ITEM NO. 89, C.C.P., MAR. 22, 2005) encroachments must cease as a result of factors
That the above item be, and the same hereby is effecting the health, safety and welfare of the public, or
returned to the Common Council without the needs of the City, said Commissioner may order the
recommendation. immediate removal of the encroachments as described
Mr. Fontana moved that the above item be recommitted in Chapter 413-67(F) of the City Charter.
to the Committee on Legislation That the applicant supply the Department of Public
ADOPTED Works, Parks and Streets with a certificate of
insurance, in an amount deemed sufficient by the
NO. 69 Corporation Counsel, which will indemnify and save
APPT MEMBER BFLO ENVIRONMENTAL MNGT harmless the City of Buffalo against any and all loss
COMMISSION (MAYOR) and damage arising out of the construction,
(CCP#1, 03/8 maintenance, use and removal of said elevated
That the above item be and the same hereby is awnings.
received and filed PASSED
ADOPTED AYES - 8 NOES – 0
NO. 70 COMMUNITY DEVELOPMENT
L. FLERON-LIVING WAGE RATE 2005 (CCP#51, JOSEPH GOLOMBEK JR. CHAIRMAN
03/8)
That the above item be and the same hereby is NO. 75
received and filed Results of Negotiations - 2018 Bailey Avenue
ADOPTED (Item No. 5, C.C.P., Mar. 22, 2005)
That the above item be, and the same hereby is
NO. 71 returned to the Common Council without
ST
recommendation.
GROVER CLEVELAND PARK (EXCEPT 1RES)
Mr. Golombek moved that the above item be
(CCP#120, 03/8)
recommitted to the Committee on Community
That the above item be and the same hereby is
Development.
received and filed
ADOPTED
ADOPTED
NO. 76
NO. 72
Results of Negotiations - 364 Hudson and 32 St.
B. DAVIS-COLD SPRING DISPATCH SERVICE
John's Place
(CCP#53, 02/8)
(Item No. 8, C.C.P., Mar. 22, 2005)
That the above item be and the same hereby is
That the offer from Mr. Theodore S. Fleming, 1088
received and filed
Delaware Avenue, in the sum of thirteen thousand and
ADOPTED
eight hundred dollars ($13, 800.00) for the purchase of
364 Hudson and 32 St. John's Place, be and they
NO. 73
hereby are accepted; and
M. ROMANOWSKI-LAFARGE BATCH PLANT 242
That the appraisal requested by the City of Buffalo shall
HOPKINS ST
be paid by the purchaser; and
(CCP#63, 02/8)
That the transfer tax, recording fees and cost of legal
That the above item be and the same hereby is
description shall be paid by the purchaser; and ADOPTED
That the Corporation Counsel be authorized to prepare
the necessary documents for the transfer of title and NO. 85
that the Mayor be authorized to execute the same, in Renaming All- High Stadium- Homer B. Platt Jr
accordance with the terms of sale upon which the offer (Hrg)
was submitted. (CCP#292 07/20)
PASSED That the above item be and the same hereby is
AYES – 8 NOES – 0 received and filed
ADOPTED
NO. 77 AYES – BONIFACIO, COPPOLA, DAVIS, FRANCZYK,
J. Griffin-T. Wanamaker-Dev Opportunities GOLOMBEK, RUSSELL AND THOMPSON – 7
Steelfields Property In Buffalo and Comm Benefits NOES - FONTANA – 1
(CCP#58, 12/14)
That the above item be and the same hereby is NO. 86
received and filed Mr. Bonifacio
ADOPTED Prohibit Sale of Spray Paint & Broad Tipped
Markers to Persons Under 18 Years of Age
NO. 78 Whereas: Graffiti is an act of vandalism that costs the
A. Masiello-B. Higgins-Status Report Hickory City of Buffalo thousands of dollars to remove or cover
Woods every year; and
(CCP#63, 12/14) Whereas: The presence of graffiti causes an area to
That the above item be and the same hereby is look unsafe, making people concerned about their
received and filed personal safety and reducing the appeal and property
ADOPTED values of that area; and
Whereas: Graffiti may lead to an increase in other
NO. 79 crimes and acts of violence; and
F. Luhr-SEQR Findings Statement Erie Canal Whereas: Gang members or associates may use graffiti
Harbor Project as a method of communication to promote a gang,
(CCP#54, 03/8) mark territory, recruit new members or intimidate a
That the above item be and the same hereby is neighborhood; and
received and filed Whereas: In cities like New York City who also share
ADOPTED problems of graffiti implemented a policy prohibiting the
sale of aerosol spray cans and broad tipped markers to
NO. 80 minors under the age of eighteen: and
Response Resolution 139 Unanswered Block Grant Whereas: A similar policy would make sense in the City
Questions (Strat Plan) (CCP#3, 03/8) of Buffalo because much of the graffiti currently seen is
That the above item be and the same hereby is due to persons under the age of eighteen; and
received and filed Whereas: Implementing the restriction of selling aerosol
ADOPTED spray cans and broad tipped markers to minors may
help reduce the appearance of graffiti in our
NO. 81 neighborhoods; and
NYDEC-Notification of Revision to the Empire Zone Now, Therefore, Be It Resolved:
(CCP#55, 03/8) That the City of Buffalo oppose the sale of aerosol
That the above item be and the same hereby is spray cans and broad tipped markers to minors under
received and filed the age of eighteen in the City of Buffalo; and
ADOPTED Be It Further Resolved:
That the Corporation Council advises this honorable
EDUCATION body as to the City's ability to restrict the sale of aerosol
(Antoine M. Thompson, Chairman) spray cans and broad tipped markers to minors under
the age of eighteen in the City of Buffalo; and
NO. 82 Be It Finally Resolved:
Barbara Davis-Concern Plans to Extend Cedar That the item before the City of Buffalo Common
Street Council to be discussed in further in the appropriate
(CCP#73, 03/22) committee.
ND
That the above item be and the same hereby is ADOPT 2 RESOLVE REMAINDER TO COMMITTEE
received and filed ON LEGISLATION
ADOPTED
NO. 87
NO. 83 By: Mr. Bonifacio
A. Thompson-School Violence Request street Name Change of Corral Road to
(CCP#61, 02/22) "Rotary Row"
That the above item be and the same hereby is Whereas: The Rotary Club of Buffalo has been a very
received and filed active commodity to the residents of the City of Buffalo
ADOPTED through its many activities including the Rotary Rink,
Cradle Beach Camp, mentoring at Lorraine Academy,
NO. 84 and many others; and
Opening of School Bldgs. For Comm. Accessibility Whereas: The City of Buffalo appreciates the many
(CCP#163, 05/15) activities The Rotary Club of Buffalo has provided to
That the above item be and the same hereby is area residents, the City also feels The Rotary Club of
received and filed Buffalo deserves its due recognition; and
Whereas: An appropriate tribute to The Rotary Club of mayor, city comptroller, the chairman of the Buffalo
Buffalo would be to change the name of the street they urban renewal agency, and the chief executive officers
currently reside, Corral Road, to "Rotary Row;" and of the local development corporations mentioned in
Whereas: Changing the name to "Rotary Row" will section 19-2 of this charter. The quarterly joint meeting
greater signify The Rotary Club of Buffalo as a Buffalo shall also include, with the consent of their respective
landmark, making it easier for visitors to find and for governing bodies, the president of the board of
residents to identify with; and education, the superintendent of schools, the chair of
Now, Therefore Be It Resolved: the Buffalo municipal housing authority, and the chair of
That the Common Council hereby requests and the Buffalo sewer authority.
authorizes the City of Buffalo to change the name of (d) Adopt rules or procedures to facilitate the
Corral Road to "Rotary Row" in tribute to The Rotary preparation and implementation of the four-year
Club of Buffalo; and strategic plan.
Be It Further Resolved: (e) Prepare for the mayor a capital budget and a capital
That this resolution be forwarded to the Department of improvement program pursuant to section 20-24 of this
Public Works to carry out this requested name change. charter.
REFERRED TO THE COMMITTEE ON LEGISLATION (f) Prepare for the mayor an annual management plan
AND THE COMMISSIONER OF PUBLIC WORKS and report pursuant to section 19-5 of this charter.
(g) Supervise the directors of the division of zoning and
NO. 88 land use planning, division of environmental affairs,
By: Mr. Coppola: division of development and division of
City of Buffalo intergoverumental relations.
Local Law No. -- (2005) (h) Refer appropriate matters to the environmental
Introductory No. 5 (2005) management commission, the planning board and the
A LOCAL LAW That Article 6 of the Charter of the City Buffalo preservation board request their advice, receive
of Buffalo, establishment of the Office of Strategic and take appropriate action upon their reports and
Planning Commissioner adopted pursuant to law, is recommendations and integrate them into the city's
hereby amended as follows: strategic planning.
BE IT ENACTED BY THE COMMON COUNCIL OF (i) Exercise all the duties conferred upon him or her by
THE CITY OF BUFFALO AS FOLLOWS: provision of the charter and have such other powers
Section 1: That Article 19A of the Charter of the City of and duties as may be granted by local law or ordinance.
Buffalo, adopted pursuant to law, is hereby created as §19A-4 Division of Zoning and Land Use Planning.
follows: There shall be a division of zoning and land use
§ 19A- 1 . Establishment of the Department [Office] of planning within the [office] .department of strategic
Strategic Planning. planning, which division shall be headed by the director
[There shall be an office of strategic planning within the of zoning and land use planning.
executive department. The head of the office of § 19A-5. Qualifications and Appointment of Director of
strategic planning shall be the [executive director] Zoning and Land Use Planning.
Commissioner of strategic planning.] The The director of zoning and land use planning shall hold
Commissioner of the Department of Strategic Planning a baccalaureate or post baccalaureate degree in
shall be the head of the Department of Strategic planning or in a related professional field from an
Planning. accredited college or university, and have at least two
§ 19A-2. Appointment and Qualifications of the years experience as a planner, or equivalent
[Executive Director] Commissioner of Strategic qualifications which are acceptable to the [executive
Planning. director] Commissioner of strategic planning. The
(a) The [executive director] Commissioner of strategic director of zoning and land use planning shall be
planning shall hold a post-baccalaureate degree in appointed by the [executive director]Commissioner of
business management, public administration, public strategic planning and may be removed by the
finance, or planning from an accredited college or [executive director] Commissioner of strategic planning.
university, or at least ten years of experience in those § 19A-6. Powers and Duties of the Director of Zoning
fields and shall have at least five years of supervisory and Land Use Planning.
experience in public administration, which may include The director of zoning and land use planning shall:
a senior management position in strategic planning. (a) Supervise, manage and be responsible for the
(b) The [executive director] Commissioner of strategic affairs and activities of the division of zoning and land
planning shall be appointed by the mayor and subject to use planning.
confirmation by the Common Council. [and] The (b) Advise and otherwise assist the [executive
Commissioner of Strategic Planning may be removed at director] Commissioner of strategic planning, the
will by the mayor. mayor, the common council, the city planning board,
§ 19A-3. Powers and Duties of the [Executive Director] the citizens planning council, the environmental
Commissioner of Strategic Planning. management commission, the Buffalo landmark and
The [executive director] Commissioner of strategic preservation board, and other departments or agencies
planning shall: of the city in respect to planning matters, and upon
(a) Prepare for the mayor a proposed annual four-year written request provide information and particulars as to
strategic plan of the city as described in this charter. such matters and provide them with such reports,
(b) Coordinate the planning of the various city studies, plans, surveys, or other data as may be
departments and agencies. This shall not impair the necessary for the discharge of their duties.
powers of the governing bodies or officers of any of (c) Review all city-sponsored capital program projects.
these entities. (d) Assist the planning board in the preparation of a
(c) Convene a quarterly joint meeting of the following comprehensive or master plan for the city, such special
officers to assist in the development and area or other plans as it may be called upon to prepare.
implementation of the four year strategic plan: the (e) Prepare such community development block grant
consolidated plans as may be required by the United which are acceptable to the [executive director]
States department of housing and urban development. Commissioner of strategic planning. Said director shall
(f) Collect and maintain a comprehensive database for be appointed and may be removed by the [executive
planning, program management and evaluation. director] Commissioner of strategic planning.
(g) Provide for the regulation and improvement of Section 2. Insofar as the provisions of this local law
private and public development based on city and are inconsistent with the provisions of any other local
state legislation. law or act, the provisions of this local law shall be
(h) Exercise such other powers and perform such controlling.
other duties as may be conferred upon the Section 3. This local law shall not become operative
director of planning by the provisions of this unless it is approved by an affirmative vote of a majority
charter, or by state or local laws or ordinances. § of the qualified electors of the City of Buffalo at the next
19A-7. Division of Environmental Affairs. general election or at a special election if not less than
There shall be a division of environmental affairs within sixty days after its adoption an authenticated petition is
the [office] department of strategic planning, headed by filed with the City Clerk requesting the submission of
a director of environmental affairs. the local law at a special election pursuant to Section
§ 19A-8. Powers and Duties of the Director of the 23 of the Municipal Home Rule Law.
Environmental Affairs. APPROVED AS TO FORM
The director of the environmental affairs shall: NOTE Matter in brackets [ ] to be deleted; matter
(a) Supervise and manage the division of environmental underlined is new.
affairs. REFERRED TO THE COMMITTEE ON LEGISLATION
(b) Review all city environmental remediation and AND THE DIRECTOR OF STRATEGIC PLANNING
enhancement programs, and assist the mayor or other
city departments or agencies and recommend to the NO. 89
council, mayor or other officers or departments of the Mr. Coppola
city such measures as may be necessary to effect Voluntary Line Saver Program for City of Buffalo
environmental remediation or enhancement. Water Customers
(c) Provide technical assistance and support, Whereas : American Water Services offers a voluntary
including reports, studies, plans, surveys, or other data program, in other regions, to its customers which
for, and otherwise assist, the common council, mayor, provides insurance for water line breaks which the
executive director of strategic planning, the city customer is normally liable for; and
departments and agencies, and the environmental Whereas: Customers can voluntarily opt into a such a
management commission, in matters relating to program by paying a quarterly fee, in addition to their
environmental concerns of the city, including any water bill, which will enable them to have their water
remediation or enhancement programs to be line repaired and/or replaced by the City water
undertaken by the city. department in the event of damage or breakage from
(d) Supervise the preparation by the appropriate city the home to the City's main; and
departments or of environmental assessment forms, Whereas: Similar to auto insurance and other insurance
and environmental impact statements, and coordinate policies, the premium paid can be far less than what it
with other city and state or federal departments or may cost to replace even a portion of a water line from
agencies regarding the designation of lead agencies in the property to the City main; and
state environmental quality review procedures. Whereas: This program can give customers peace of
(e) Advise city departments or agencies in connection mind regarding their water line and water service to
with environmental impacts of various city activities their home or business.
such as solid waste disposal, wastewater treatment, Now therefore be it resolved that:
land acquisition, or demolitions. The Common Council supports the review and study of
(f) Monitor city compliance with federal, state a program similar to the above mentioned and requests
and local laws and regulations. that the Department of Public Works and the City Water
(g) In cooperation with the division of Board perform such a review and file their findings with
intergovernmental relations, maintain liaison with the City Clerk no later than Thursday, May 12, 2005;
federal, state, local and regional agencies, and with and
agencies of the government or provinces of Canada Be it further resolved that:
concerned with environmental management, including This resolution is referred to the Common Council's
among others water resources boards, environmental Legislation Committee for further review.
management councils and environmental quality control REFERRED TO THE COMMITTEE ON
agencies. LEGISLATION, THE COMMISSIONER OF PUBLIC
(i) Serve as chief administrator of the environmental WORKS, BUFFALO WATER BOARD, CORPORATION
management commission. COUNSEL AND AMERICAN WATER SERVICE
(j) Exercise such other powers and perform such other
duties as may be conferred on the director of NO. 90
environmental affairs by provisions of this charter o1" Sponsor: Mr.Coppola
by state or local laws or ordinances. Subject: Grant permission to the Greek Orthodox
Division of Development Church to hang banner within the City of Buffalo
§ 19A-9. Director of Development; Qualifications. Whereas: The Greek Orthodox Church of the
th
The head of the division of development shall be the
Annunciation will be celebrating their 28Annual
director of development. The director shall hold a
Hellenic Festival From Friday, May 20 to Sunday, May
baccalaureate degree from an accredited college or
22, 2005; and
university in economics, urban development, planning,
Whereas: They have requested permission to a hang a
public administration, or related professional fields, and
banner within the City of Buffalo to promote this annual
two years experience m planning and/or programming
event; and
or related fields, qualifications reasonably equivalent
Whereas: The Greek Orthodox Church has requested
to hang the banner in front of the Church at 986 Whereas: It is no longer necessary for this item to be
Delaware Avenue, and the banner will be attached to considered by that committee;
light standard 986 on Delaware Avenue and to a tree in Now, Therefore Be it Resolved:
front of the Saturn Club; and That this Common Council does hereby discharge the
Whereas: The banner will be up from April 15, 2005, Finance Committee from further consideration of Item
until May 25, 2005; and #41, C.C.P. March 8, 2005, "Redirection of Local Law
Whereas: The Greek Orthodox Church has contacted Enforcement Block Grant Funding with Justice
the City of Buffalo Traffic Engineer and is aware of the Assistance Grant Program" and said item is now before
requirements for hanging a banner within the City of the Common Council for its consideration.
Buffalo ADOPT DISCHARGE
Now, Therefore, Be It Resolved: PASSED
This Common Council supports the Greek Orthodox AYES – 8 NOES – 0
Church in its
endeavor, and subject to the conditions set forth by the NO. 93
Department of By: Brian C. Davis
Public Works, Parks, & Streets, grants them permission Support of a Casino in the City of Buffalo
to hang a Whereas: The City of Buffalo is actively pursuing the
Hellenic Festival banner across Delaware Avenue. construction of a gaming casino by the Seneca Nation
PASSED within the boundaries of the City; and
AYES – 8 NOES – 0 Whereas: The Senecas have reviewed several
possible sites in Buffalo for a casino without
NO. 91 success; and
Councilmember Davis Whereas: It is in the best interests of the City of Buffalo
SET PUBLIC HEARING and the Seneca Nation to mutually agree on a suitable
OAK STREET REDEVELOPMENT location for a casino as soon as possible.
PROJECT NYR-197 - Therefore be it Resolved that:
150 E. NORTH STREET - 1.5 ACRES The Buffalo Common Council of the City of Buffalo
BUFFALO CITY MISSION - REDEVELOPER affirms its' commitment to work cooperatively with the
WHEREAS, Buffalo City Mission and/or other legal Seneca Nation to expedite the selection of a gaming
entity to be formed (herein referred to as the casino within the City of Buffalo; and
"Redeveloper") has been duly designated as qualified Be it Further Resolved that:
and eligible Redeveloper in accordance with the rules The Buffalo Common Council convey to the Seneca
and procedures prescribed by the City of Buffalo Urban Nation its' willingness to work with them to locate
Renewal Agency; and suitable land necessary to facilitate the selection of a
WHEREAS, the City of Buffalo Urban Renewal Agency casino site that is acceptable to both the City of Buffalo
and the Redeveloper has negotiated a Land Disposition and the Seneca Nation; and
Agreement for 150 E. North Street in the Oak Street Be it Finally Resolved that:
Redevelopment Project NYR-197 Urban Renewal Area; The Buffalo City Clerk send a copy of this resolution
and shall be sent to the Seneca Nation.
WHEREAS, the terms of said Land Disposition ADOPTED
Agreement have been approved by the City of Buffalo AYES – BONIFACIO, COPPOLA, DAVIS, FONTANA,
Urban Renewal Agency; and RUSSELL AND THOMPSON – 7
WHEREAS, said Land Disposition Agreement has been NOES – GOLOMBEK – 1
forwarded by the City of Buffalo Urban Renewal Agency
to this Common Council for action, pursuant to section NO. 94
507, subdivision 2(d) of the General Municipal Law; and BY MR FONTANA
WHEREAS, Article 15A of the "General Municipal Law" ORDINANCE AMENDMENT
requires that the disposition of land in an Urban CHAPTER 81 - AUCTIONS AND AUCTIONEERS
Renewal Project may be approved only after a public The Common Council of the City of Buffalo does hereby
heating on due notice. ordain as follows: That the Code of the City of Buffalo
NOW, THEREFORE, BE IT RESOLVED: be amended to read as follows:
1. That the City Clerk is hereby directed to publish the § 81-1. Definitions.
notice attached hereto and marked "Notice of Hearing" Where used in this chapter, the following terms and
in the Buffalo News, no later than the 9th day of April words shall have the meaning and effect as follows:
2005. AUCTIONEER -- Includes any person conducting a
2. That this Common Council will conduct a Public sale by public auction of personal property or real
Hearing on the matter stated in said "Notice of Hearing" property of his own or as an agent for another.
at 2:00 P.M. in the Council Chambers on the 19th of ASSOCIATE AUCTIONEER - Every person, licensed
April 2005. as an auctioneer, may designate employees who may
ADOPTED be authorized by him to conduct auctions. Notice
containing the names of the employees so designated
NO. 92 must be given to the Director of Licenses for the
RESOLUTION Department of Permit and Inspection Services, and an
By Mr. Davis employee's license shall be issued on the payment of
Discharge Finance Committee the prescribed fee. An associate Auctioneer's License
"Redirection of Local Law Enforcement Block Grant may be
Funding with Justice Assistance Grant Program" issued to an individual who is a citizen of the United
(Com #41, C.C.P., March 8, 2005) States or a legal alien, is
Whereas: The above item is currently in the Finance employed under the direct supervision of a licensed
Committee; and auctioneer, and has not been convicted of a felony.
PROPERTY -- Includes all goods, wares, merchandise, Licenses and Permits with his application for such
commodities, compounds, things, chattels, jewelry and license a bond to the City of Buffalo executed by a duly
all other property of whatsoever form or nature, but authorized surety company, in the penal sum of five
does not include chooses in action or real property. thousand dollars ($5,000.), conditioned for the faithful
PUBLIC AUCTION -- Includes any public offer to sell observance of the laws of the State of New York and of
personal property or real property to the highest bidder the ordinances of the City of Buffalo then in effect or
or to the person offering to pay the highest price thereafter enacted, for the performance of all duties, the
therefore, and [shall be without qualifications or rendition of all accounts and the payment of all moneys
reservations] without any reservation, unless, at the required of him by law to be paid and also conditioned
time of the offer of each article or parcel and before any for the payment to any person who shall be defrauded
bids are asked thereon, a minimum price therefore is or suffer loss by reason of the violation by such
publicly stated. auctioneer of any of the provisions of this chapter. Such
REAL PROPERTY -- The land, together with the bond shall be approved as provided by ordinance.
improvements thereon and attached thereto. § 81-5. Issuance of license.
SELL AT PUBLIC AUCTION -- Shall not include judicial Upon the Director of Licenses and Permits being
sales, sales by public officers in the manner prescribed satisfied of the good character, competency and
by law, sales pursuant to statute to satisfy any lien on integrity of the applicant and upon proof of the payment
the property sold, resales, pursuant to statutes, of of the license fee, he shall issue to the applicant an
property retaken under a conditional sales contract, auctioneer's license, authorizing him to conduct auction
sales of horses, cattle or other live animals or sales of sales in the City of Buffalo as provided by law and by
personal property at any public convention in regular this chapter.
session in the City of Buffalo at the place or places § 81-6. Inventory of property to be sold.
where the convention is being held. A. At least [five (5)] three (3) business days before
§ 81-2. Conduct by licensed auctioneer required. any auction sale is held, the auctioneer shall keep file
No sale at public auction of any personal or real [or cause to be filed] a statement in typewriting or other
property, as defined in this chapter, shall be held within print [with the Director of Licenses and Permits], giving
the City of Buffalo unless such sale is directly the name and address of the owner of the property
conducted by an auctioneer licensed pursuant to the proposed to be sold, the street and number where the
provisions of this chapter. property is located,] -. [the place or places, if any,
§ 81-3. Application for auctioneer's license. where the owner has conducted business, if any, during
A. Every applicant for a license pursuant to this one (1) year next preceding the filing of such statement,
chapter shall present to the Director of Licenses and the date of opening and probable duration of the
Permits a written application signed and duly verified by proposed sale, the] the place where the sale is to be
him, stating his full name, age, residence by street, conducted, the times of operation, the reasons why an
number and place and present occupation; that he is a auction sale is desired, and the name and address of
citizen of the United States and a resident of the State the auctioneer who will conduct the auction sale[,] -.
of New York; the place where he intends to conduct the [also] Also an itemized inventory of the property to be
business of auctioneer in the City of Buffalo; his offered for sale, specifying as to each item the quantity,
qualifications, including education and business quality, kind and grade and the material of which it is
engaged in during the past five (5) years, giving composed, with a distinctive number for each item. This
location, kind and extent; where and when he was itemized inventory statement must remain on file with
previously licensed as an auctioneer; whether any the auction house for one (1) year, and shall be made
previous license as an auctioneer was canceled for available for immediate viewing by the City of Buffalo
cause; and such further facts as may be required by the upon request by the City of Buffalo. If said inventory
Director of Licenses and Permits to show the good statement is not available for one (1) year as required
character, competency and integrity of the applicant. by this section, or is not made available for immediate
B. [Such applications shall be approved by not viewing when requested by the City of Buffalo, the
fewer than five (5) reputable citizens of the City of auction house license may be immediately revoked.
Buffalo or of the place of residence of the applicant, B. If the property to be sold consists of a stock of
each of whom shall certify that he has personally goods in trade, in whole or in part, of a person, firm or
known the applicant for a period of at least five (5) corporation engaged in the wholesale or retail sale
years prior to the filing of the application; that he thereof, immediately preceding the time of the filing of
has read such application and believes each of the the inventory, there shall be attached to the inventory a
statements therein to be true; that such person is complete statement, including the name of such person
honest, of good character and competent to so engaged, the location by place, street and number
conduct the business or calling of auctioneer; and where so engaged, the length of time so engaged and
that such person is not related to or connected with that each and every article contained in the aforesaid
the person so certifying. The certificate of approval inventory is a part of the stock of goods of said person
shall be signed by such persons and duly verified and has been a part of the stock of goods of said
and acknowledged by them before an officer person for a period of at least ninety (90) days prior to
authorized to take oaths and acknowledgements of the date of the filing of the said inventory and that no
deeds.] property purchased, procured or placed in stock
Such applications shall not be granted to any person, specially for such public auction sale is included
corporation or entity convicted of any felony, or any therein. If the property to be sold is real property, the
misdemeanor or violation offense relating to the theft or inventory shall briefly describe the same, so as to
receipt of stolen property, or fraud of an,/sort, or any identify its dimensions, the improvements thereon and
series of convictions for petit larceny that would indicate the location thereof.
a pattern of disregard for laws related to personal C. If such property consists of the household furniture
property. of a householder or the fixtures and equipment of a
The applicant shall also present to the Director of business, the inventory shall be accompanied by a
statement that each article was a part of the household When any article or combination of articles is offered for
goods of the householder (naming him) or, in the case sale at public auction, [unless the auctioneer states a
of fixtures and equipment, was a part of the fixtures and minimum price therefore before any bid or offer is
equipment of the person (naming him) for at least asked, the article or combination of articles shall be
ninety (90) days prior to the date of sale; provided, sold to the person whose bid or offer is the highest
however, that the aforesaid required statement shall not offered if there is more than one (1) bid or offer
apply to any person who in good faith has purchased at therefore.], the article or combination of articles shall be
a judicial sale or public auction sale in bulk the fixtures, sold to the person with the highest offered bid, if there
machinery and/or equipment of any business and is more than one bid or offer, unless a pre-determined
thereafter in good faith desires to resell the same at minimum or reserve price has been set. Such minimum
public auction within thirty (30) days thereof. or reserve price must be announced prior to the
D. Such statement and inventory must be signed by commencement of the bidding process.
the auctioneer who is to conduct the sale and verified § 81-10. Auction sale to be exclusive.
by him to the effect that it is to the best of his A. During the time when and while such auction sale
knowledge, information and belief true. Such statement is being conducted, no sales of any property, whether
and inventory shall also be signed by the owner of said or not it be a part of the inventoried property, shall be
property and shall be verified by him by affidavit, stating permitted within the same room or in any room opening
that said inventory is true and correct in all particulars. there from by private sale or otherwise than by public
All statements shall be kept on file with the auction auction sale.
house for one (1) year, and shall be available for B. No property not included in the inventory [filed] list
immediate viewing by the City of Buffalo upon request on file prior to the commencement of the sale as herein
by the City of Buffalo. before required shall be sold or offered for sale at public
§ 81-7. Authorization to conduct sale; posting of auction or prior sale during the time that such auction
inventory. sale is being conducted in the same room or in a room
Upon the receipt and approval [by him] of the inventory opening therefrom. No property can be offered for sale
required by the preceding section, the Director of that is not included on the inventory sale list.
Licenses and Permits shall issue to the auctioneer [§ 81-11. Restrictions on sale of stock of goods.
therein named an authorization to conduct the sale. A A stock of goods, wares and merchandise shall not be
copy of the itemized inventory of the property to be offered for sale as such by public auction, except where
offered for sale filed with the Director of Licenses and the same consists of a stock-in-trade of a person
Permits shall be posted in a conspicuous place on the continuously engaged in the City of Buffalo in dealing in
premises where the sale is conducted, available for such goods, wares and merchandise at wholesale or
examination by the bidder. The Director of Licenses retail for a period of at least one (1) year immediately
and Permits shall issue a permit authorizing the sale, preceding the time of the commencement of such sale,
and the list of items for the sale shall be kept on file by and at such sale no property shall be inventoried as
the auction house for one (1) year. proposed to be sold or sold other than property which
§ 81-8. Articles to be tagged or labeled. constitutes such stock-in-trade of such person.]
In addition to the records required to be kept by §§ 25 § 81-12. Report of sale.
and 26 of the General Business Law, the auctioneer Within ten (10) days after the conclusion of such
shall attach or cause to be attached securely to each auction sale, the auctioneer shall on file [or cause to be
article to be offered for sale a tag or label upon which filed with the Director of Licenses and Permits] a report
shall be plainly written or printed in the English which shall consist of a copy of said inventory with a list
language a true and correct statement of the kind and of the articles sold and a statement that no other
quality of the material or substance of which such articles were sold during said sale superimposed
article is made or composed and the distinctive number thereon, which report shall be subscribed by said
of such article on the itemized inventory and appraisal auctioneer and verified by his oath before an officer
filed with the Director of Licenses and Permits. If said authorized to take oaths in the County of Erie and shall
article is one of those commonly classed as "jewelry" or be kept on file by the [Director of Licenses and Permits
articles commonly carried by persons engaged in the and] auction house for one (1) year, and made
jewelry business, the tag shall state the percentage or available for immediate viewing by the City of Buffalo
carat of purity of such material; in case the articles are upon request by the City of Buffalo [open for public
plated or overlaid, a true statement of the kind of plate inspection].
and the percentage of purity thereof and the kind of § 81-13. Hours and period of sale.
material or metal under the plating; if the article is one A. Sale at public auction shall be held only between
commonly known as "precious, semiprecious, synthetic the hours of 8:00 a.m. and 11:00 p.m., Buffalo time, and
or imitation stones," the true names, weight, quality and at no time within the hours beginning at 11:00 p.m. and
color of said stones; if watches or clocks, the true name ending at 8:00 a.m., Buffalo time.
of the manufacturers, the number of jewels and B. An auction sale shall be held on successive days,
adjustments and the county of manufacture; and if any Sundays and legal holidays accepted, and shall not
of such articles or parts thereof are used or continue for a period longer than sixty (60) days.
secondhand, the length of time the same has been in § 81-14. General restrictions.
use and in a conspicuous place on said tag the word No auctioneer shall:
"secondhand" or "used." Said tag in each and every A. Make any false representations as to the character,
case shall remain upon the article and be delivered with quality, condition, value or ownership of any property
the article to the purchaser. Auction Houses shall offered for sale or falsely represent that such property is
provide reasonable descriptions of the property to be in whole or in part bankrupt or insolvent stock or
auctioned, and must disclose special knowledge of any damaged goods or goods saved from fire.
items. B. Substitute any other article for the article sold to a
§ 81-9. Sale to highest bidder except where bidder.
minimum bid stipulated. C. Bid in or withdraw from sale any article after
receiving a second bid therefore or receive any bid from Michael B. Risman
a person not a bona fide bidder at such sale or any Corporation Counsel
person acting as a capper, booster or shiller. An article Matter in brackets to be deleted. Matter underlined is
may be withdrawn from sale if the item is in reserve and new.
does not meet the reserve. REFERRED TO THE COMMITTEE ON LEGISLATION
D. Employ or permit to be employed any
bellman, NO. 95
crier, instrument of music or means of attracting the MESSRS. GOLOMBEK, BONIFACIO, DAVIS &
attention of passersby other than a sign or flag. FRANCZYK, COPPOLA, THOMPSON, FONTANA
E. Conduct a sale where entertainment for the AND RUSSELL
prospective bidders is provided on the premises where CALLING FOR REINSTATING OF THE
the sale is conducted. HOUSING AUTHORITY
F. Offer for sale or sell any article of property not POLICE OFFICERS
included in the final inventory filed as provided in § 81-6 Whereas: Protecting the residents of the City of Buffalo
of this chapter. is of highest priority for government officials;
G. Open or conduct any public auction sale until all and
the provisions of this chapter have been complied with Whereas The Board of Commissioners for the Buffalo
and an authorization for such sale obtained. Municipal Housing Authority voted on March 24, 2005
H. If the property to be sold is, in whole or in part, a to eliminate the Housing Authority Police Officers,
stock of goods in trade of a merchant in business or putting 26 City of Buffalo residents out of work on July
who has been in business, wholesale or retail, [conduct 1, 2005; and
a public auction thereof except at the place where such Whereas: The directive given to BMHA from HUD for
business was or is conducted, nor shall he include in the fiscal year 2005 mandated a balanced
such sale any property purchased specially for such budget; However the Authority was given the
sale.] an auctioneer may transport said property to a discretion on how to balance their budget; and
location approved by the Director of Licenses for the Whereas The Common Council strongly opposes the
purpose of conducting said auction. elimination of the Housing Authority Public Safety
[I. Conduct a sale at public auction of property, which Officers, as the way to achieve this balance. The
consists in part or in whole of a stock-in-trade of a Housing Authority Public Safety Department provides a
merchant, unless such merchant has been in such valuable service to the residents of Municipal Housing,
business continuously in Buffalo for a period of at least the surrounding communities, as well as to the Buffalo
one (1) year.] Police Department; and
§ 81-15. Term of license. Whereas The Common Council requests that the
Each license issued pursuant to this chapter shall BMHA Management and Board of Commissioners,
expire on the first day of June next succeeding its again revisit the issue of eliminating Housing Authority
issue. Police Officers, by looking into other funding sources
§ 81-16. License fee. and/or reductions and budget cuts, that would allow the
The fee for such license shall be as provided in Chapter Housing Authority Public Safety Department to remain
175, Fees, and shall be paid by the applicant before the intact;
issuance of the license. Now, Therefore, Be It Resolved That:
§ 81-17. Revocation of license or authorization. This Common Council strongly urges the Mayor, the
A. The Director of Licenses and Permits may revoke BMHA Management and Board of Commissioners to
any license or authorization to conduct a sale, issued rescind their decision to eliminate Housing Authority
pursuant to the provisions of this chapter, if he shall Police Officers and requests the BMHA to look at other
have cause to believe that the holder of such license or funding and/or reductions and budget cuts in balancing
authorization to conduct a sale is violating and statute their budget; and
of the State of New York relative to auctions and Be It Further Resolved That:
auctioneers or any provision of this chapter. A The Common Council requests a response from the
conviction by a court of competent jurisdiction of such Mayor of the City of Buffalo, BMHA Management and
offense or recovery upon a bond pursuant to the Board of Commissioners on reinstating the Housing
provisions of this chapter shall be conclusive evidence Authority Public Safety Department within fifteen (15)
of such violation. days of the passage of this resolution; and
B. The Director of Licenses and Permits may, upon Be It Finally Resolved That:
the complaint of any person, cause notice to be served The City Clerk forward certified copies of this resolution
upon the holder of such license or holder of to Mayor Anthony M. Masiello, Gillian Brown, Interim
authorization to conduct a sale, specifying the grounds Executive Director of BMHA, and to Sherriff Colston,
of complaint or reason assigned for the revocation of Chairman of the BMHA Board of Commissioner
such license or authorization to conduct a sale, which ADOPTED
notice shall fix a time and place, not less than three (3)
days after the service of such notice, at which said NO. 96
Director of Licenses and Permits shall hear the SPONSOR: MR GOLOMBEK
evidence of the person making such complaint and CO SPONSORS RUSSELL, FRANCZYK, AND DAVIS
such other evidence as may be presented to him or be THE DISBANDING OF THE BUFFALO MUNICIPAL
in his possession; and the holder of such license or the HOUSING AUTHORITY POLICE FORCE
holder of such authorization to conduct a sale shall Whereas The residents of this City, and particularly
have an opportunity to be heard in his own defense. If those residing in the Buffalo Municipal Housing
the Director of Licenses and Permits shall believe that Authority (BMHA) public housing complexes have been
sufficient grounds therefore exist, he shall revoke such advised that due to a lack of funding, the BMHA Police
license or such authorization to conduct a sale. force will be disbanded; and
APPROVED AS TO FORM Whereas The residents have come to rely on the BMHA
Police force to perform an important and critical role, close knit communities; and
both in inter police agency cooperation and reducing Whereas: As summer and warmer weather approaches,
and abating crime in the BMHA public housing people will be outside using their parks, shopping in
complexes; and their neighborhoods, and generally out to enjoy the nice
Whereas The loss of the BMHA Police force will cause weather; and
allied police agencies to reallocate their resources to It is important for the City residents and visitors to have
offset the loss of the BMHA Police force; and a sense of security in their communities as well as have
Whereas Residents and community leaders who a positive relationship with the Police Officers that
support a reversal of the decision to disband the BMHA patrol their streets; and
Police force have questioned how the leadership of the Whereas The best way for Officers to see the
BMHA could allow this to happen, given the extensive community is by walking it. Walking will also allow
federal and state resources, and grant funding at their Officers to be seen and approached by residents
disposal; and encouraging better communication of any problems
Whereas Many questions and concerns could be within a neighborhood; and
resolved by the conduct of an audit that would examine Whereas: Residents would like to see Officers
these issues; and dedicate 2 hours of each shift to walking
Whereas The legislative power to conduct such an a neighborhood, business strip or area
audit is vested in the City Comptroller pursuant to the park;
City Charter Article 7, sec 7-4, par 2. Now, Therefore, Be It Resolved:
Now Therefore Be It Resolved: That the Common Council of the City of Buffalo does
That this Council hereby requests and directs that the hereby request that the Buffalo Police Commissioner,
City Comptroller: the Police Benevolent Association, the Commissioner
1. Immediately conduct a performance audit to examine of Human Resources and the Corporation Counsel
the managerial decision making and efficiency of the respond as to the implementation of this request; and
BMHA as relates to their decision to terminate the Now, Therefore, Be It Further Resolved:
BMHA Police force; That this Honorable Body does hereby request that
2. File with this Council a communication outlining the responses be filed no later than 2pm, on Thursday,
areas to be examined and the respective timeline for April 28, 2005, to allow for a May 2005 start date; and
completion Now, Therefore, Be It Finally Resolved:
3. File with this Council a final report outlining the areas That this resolution be sent to the appropriation Council
examined, the auditors findings, and the Comptroller's committee for further consideration
recommendations and suggestions to ADOPT THE 1st AND 2nd RESOLVE THE
re-institute the BMHA Police force, or the reasons why REMINDER TO LEGISLATION
this can't be done.
Be it finally resolved that this resolution be referred to NO. 99
the Committee on Finance for discussion. MR. FONTANA
STND
ADOPT 1 RESOLVE THE 2 REFERRED TO THE REQUEST TO BUILD A NEW STADIUM IN
COMMITTEE ON FINANCE DOWNTOWN BUFFALO FOR THE BUFFALO BILLS
Whereas Within the next ten years, the NFL anticipates
NO. 97 a boom in the construction of new football stadiums
BY: MRS. RUSSELL which would allow for Buffalo to capitalize on a
ORDINANCE AMENDMENT CHAPTER 175, FEES opportunity to build a state of the art Stadium right in
The Common Council of the City of Buffalo does hereby the heart of downtown Buffalo; and
ordain as follows: That the Code of the City of Buffalo Whereas With the current plans for bringing Bass Pro
be amended to read as follows: downtown, talks of a new Casino, and the Waterfront
Chapter 175, Fees development, a state of the art Football Stadium can be
Section 263-23 a major piece in bringing economic success to the City
Work commenced without license or permit Double of Buffalo; and
both permit fees, plus Whereas While the Buffalo Bills' current contract with
For residential work, for each day for which the permit the Ralph Wilson Stadium is a 15 year deal, with only 7
is not issued or displayed $100.00 years remaining, now is the time to discuss the
For commercial work, for each day for which the permit possibility of building a new stadium in downtown
is not issued or displayed $100.00 Buffalo; and
License/decal not displayed [$10.50] Fine shall be the Whereas According to an article in Forbes magazine,
equivalent to the original fee for the license not properly "Buffalo has among the most ardent football-crazed
displayed. fans which explains why the Buffalo Bills are a very
It is hereby certified, pursuant to Section 3-19 of the profitable team and have seen the franchise's value
Charter of the City of Buffalo, that the immediate increase dramatically the past few years"; and
passage of the foregoing ordinance is necessary. Whereas Ralph Wilson Stadium was opened by the
APPROVED AS TO FORM Bills on August 17, 1973, and it may be necessary to
Matter in brackets is to be deleted, matter underlined is build a new stadium relatively soon.
new. Now, Therefore Be It Resolved That:
PASSED This Common Council supports keeping the Buffalo
AYES - 8 NOES - 0 Bills here and initiating a discussion for a new Football
Stadium in Downtown Buffalo; and
NO. 98 Be It Further Resolved That:
BY: MR. THOMPSON That a certified copy of this resolution be forwarded to
POLICE OFFICER FOOT PATROLS the Buffalo Bills, the NFL, Buffalo/Niagara Partnership,
Whereas: The City of Buffalo has many Empire State Development, the Governor of New York,
neighborhood parks, business strips and the New York Federal Delegation, Western New York
State Delegation, and Uniland Development and Joseph Giambra
Buffalo Place Office of Strategic planning or input Karen Colvin
with respect to Building a Bills Stadium for the Total: 2
Buffalo Bills in Downtown Buffalo ADOPTED
ADOPTED
AYES –COPPOLA, DAVIS, FONTANA, FRANCZYK, NO. 103
GOLOMBEK, RUSSELL, THOMPSON –7 NOES - ANNOUNCEMENT OF COMMITTEE MEETINGS
BONIFACIO - 1 The following meetings are scheduled. All meetings are
th
held in the Common Council Chambers, 13floor City
NO. 100
Hall, Buffalo, New York, unless otherwise noted.
BY: MR. THOMPSON
Regular Committees
RE-ZONING OF 107 WAKEFIELD AVENUE
Committee on Civil Service Tuesday, April 12, 2005 at
Whereas The Masten District Council Office, the
9:30 o'clock A.M.
Wakefield Avenue Block Club, and the residents of the
Committee on Finance Tuesday, April 12, 2005 at
Fillmore-Leroy Area, and Buffalo City Court are working
10:00 o'clock A.M. following Civil Service
closely to close the Wakefield Food Store and to end a
Committee on Legislation Tuesday, April 12, 2005 at
ten year history of drug and illicit activity at or around
2:00 o'clock P.M.
the store; and
Committee on Comm. Dev. Wednesday, April 13, 2005
Whereas The Wakefield Avenue Food Store, located at
at 10:30 o'clock A.M.
107 Wakefield Avenue, is a non-reputable food store in
Special Committees
the Masten District and has posed a health and safety
Special Committee on Finance to discuss recycling
hazard to city residents; and
Wednesday April 6, 2005 at 10:00 o'clock AM in room
Whereas The Wakefield Food Store is situated in an R2
1417
Zoning area, allowing one or two family dwellings only;
Special committee on Legislation to Discuss Creating A
and
Buffalo Enrichment Fund Thursday, April 7, 2005 at
Whereas Since October 7, 2004, the Buffalo Police
9:00 o'clock AM in room 1417
Department has received at least 15 calls concerning
Minority Business Enterprise Committee Meeting,
drug and other illegal activity at or around this store;
Monday April 11, 2005 at 10:00 o'clock AM in Room
and
1417
Whereas Based on these findings, on March 30, 2005,
(Public Disclaimer): All meetings are subject to change
Buffalo City Court Judge Henry Nowak issued an order
and cancellation by the respective Chairmen of Council
to vacate the premises at 107 Wakefield Avenue. The
Committees. In the event that there is sufficient time
owners of this store continue to operate the store
given for notification, it will be provided. In addition,
however; and
there may be meetings set up whereby the City Clerk's
Whereas The Buffalo Common Council support the
Office is not made aware; therefore, unless we receive
closing of the Wakefield Food Store and the re-zoning
notice from the respective Chairmen, we can only make
of 107 Wakefield Avenue to disallow its use as a
notification of what we are made aware.
commercial dwelling; and
Now Be It Therefore Resolved:
NO. 104
That this honorable body begin the process for re-
ADJOURNMENT
zoning this parcel and that the matter be referred to the
On a motion by Mr. Coppola, Seconded by Mrs.
Committee on Legislation and the City Planning Board
Russell, the Council adjourned at 3:53 PM
for their review and approval.
Now Be It Finally Resolved:
GERALD A CHWALINSKI CITY CLERK
That certified copies of this resolution are forwarded to
the Planning Board, The Wakefield Food Store, Buffalo
Housing Court, and Fillmore-
Leroy Area Residents
st
ADOPT FINAL RESOLVE 1 REFERRED TO THE
COMMITTEE ON LEGISLATIONI, CORPORATION
COUNSEL AND THE DIRECTOR OF PERMITS
NO. 101
BY MR. THOMPSON
FELICITATIONS/IN MEMORIAM
Attached hereto are Felicitation and In Memoriam
Resolutions sponsored by Members of the Common
Council as indicated:
Felicitation for Equal Pay Day
By Councilmember Davis
ADOPTED
NO. 102
BY: ANTOINE M. THOMPSON
APPOINTMENTS COMMISSIONER OF DEEDS
That the following persons are hereby appointed as
Commissioner of Deeds for the term ending December
31,2006, conditional, upon the person so appointed
certifying under oath to their qualifications and filing
same with the City Clerk: