HomeMy WebLinkAbout05-0322
No.6
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
MARCH 22, 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
City requires an amount not to exceed $35,000,000.00 in
Authority new money financing of certain authorized capital
COMMON COUNCIL costs, incidental cost and costs of issuance.
CITY HALL - BUFFALO 2. The City represents and affirms that the foregoing
TUESDAY, MARCH 22, 2005 financing of Financeable Costs by the Authority is authorized
AT 2:00 P.M. by the Act and is consistent with the current adopted City
budget and the most recent four-year financial plan
PRESENT – David A. Franczyk, President of the submitted to or certified by the Authority in conformance with
Council, and and Council Members Bonifacio, Coppola, the Act and that such Financeable Costs meet the
Davis, Fontana, Golombek, Russel-7 requirements of Section 4.01(G) of the Agreement.
ABSENT - Thompson -1 3. The City reaffirms the provisions of the Agreement,
including but not limited to each of the covenants,
On a motion by Mr. Coppola seconded by agreements and indemnities therein and agrees herein to
Mr.Fontana, the minutes of the stated meeting held on provide prompt notice of any fact or circumstances which
(March 8, 2005 were approved. would with the passage of time or otherwise give rise to any
violation or contravention of the terms of this Declaration of
FROM THE MAYOR Need, the Agreement or any financial plan submitted to or
NO. 01 approved by the Authority.
Appointment of Members 4. Pursuant to the Act, the financing plan reflected in this
to the Buffalo Board of Parking Declaration of Need and the Agreement, the Authority is
Pursuant to the powers vested in me by Section 18-35 of hereby requested to finance, in whole or in part, the
the Charter of the City of Buffalo, subject to confirmation by Financeable Costs set forth in Appendix I hereto, including
Your Honorable Body, I hereby appoint the following the City capital projects as may be designated in the City's
individuals to the Buffalo Board of Parking for the following capital budget, if any, as in effect from time to time. In no
terms: event shall the amount of such financing in any fiscal year
APPT.David B. Kelly 19 Dundee Street Buffalo, 14220 exceed the amount of the Declaration of Need for such year,
David Kelly was the First Deputy County Clerk for the Erie as it may be amended from time to time by an amended
County Clerk's Office in which he retired from in August, Declaration of Need.
1999. 5. The Authority is also requested to consult with the City
Mr. Kelly earned a BA from Canisius College in 1971 and with respect to the timing and amount of Authority bond
Master of Science from the State University College of issues so that Authority and any City financing may be
Buffalo in May of 1993. Mr.Kelly is being appointed to fill a coordinated. As more fully provided for in the Agreement,
vacancy whose term will commence immediately and will bonds of the Authority shall be issued when the Authority
expire on March 31, 2112. determines in its sole discretion such issuance to be
James P. Verrastro 270 Woodbridge Avenue Buffalo, 14214 appropriate. If applicable, the City will promptly inform the
James Verrastro is a partner in the law firm of Matusick, Authority of a schedule for reimbursement of the City for any
Spadafora & Verrastro, a position he has held for over capital costs incurred by the City.
twenty years. Mr. Verrastro earned his BA and Law Degrees 6. The City reaffirms its agreement to apply the proceeds of
from the State University of New York at Buffalo. the Authority's financing in a manner consistent with its
Mr. Verrastro is being appointed to fill the seat previously adopted budget and four-year financial plan and to conform
held by Henry Osinski who has resigned. His term will to the requirements of each related Arbitrage and Use of
commence immediately and will expire on March 31, 2006. Proceeds Certificate.
In addition, I would like to appoint Henry Gorino as Chairman 7. The City understands and agrees to provide the Authority
of the Buffalo Board of Parking. with any supporting data, descriptions or materials which the
I hereby certify that the above named individuals are fully Authority requests in connection with any Financeable Costs
qualified for appointment and re-appointment to the Buffalo referred to in this Declaration of Need.
Board of Parking. All terms in this Declaration of Need not otherwise defined
REFERRED TO THE COMMITTEE ON LEGISLATION AND herein shall have the meanings set forth in the Agreement.
THE DIRECTOR OF COLLECTIONS Mr. Coppola moved:
That the above communication from the Mayor, be received
NO. 02 and filed; and
CITY OF BUFFALO That upon the request of the Mayor pursuant to §3861 of the
DECLARATION OF NEED Public Authorities Law, the Common Council does hereby
I, Anthony M. Masiello, Mayor of the City of Buffalo (the authorize the Mayor to request the Buffalo Fiscal Stability
"City"), a municipal corporation of the State of New York, Authority to undertake a refunding of all or a portion of the
acting pursuant to §3861(3) of the Public Authorities Law, City's outstanding debt in an amount not to exceed
added by Chapter 122 of the Laws of 2003 (the "Act"), and $35,000,000.00 as stated in the Declaration of Need.
further pursuant to the Financing Agreement dated as of PASSED
June 1, 2004 between the Buffalo Fiscal Stability Authority, a AYES- 7 NOES – 0
public benefit corporation of the State of New York (the
"Authority") and the City (the "Agreement"), to which FROM THE MAYOR - EXECUTIVE DEPARTMENT
Agreement this Exhibit is hereby or shall be incorporated, FROM THE BUFFALO PRESERVATION BOARD
HEREBY DETERMINE AND CERTIFY as follows: NO. 03
1. A Declaration of Need, as defined in the Act, is hereby Proposed Landmark Designation
determined to exist. The amounts of the Financeable Costs 163-173 Broadway
hereby requested to be undertaken is set forth on Appendix I Buffalo, New York 14202
hereto, which Appendix I is incorporated herein as an Ellicott District
integral part of this Declaration of Need. As shown by At its regular meeting on March 3, 2005, the Buffalo
Appendix I, in the Authority's financing for the City, in Preservation Board, having conducted a public hearing on
connection with the City's fiscal years 2005 and 2006, the February 17, 2005, as required by Chapter 337, Article III,
Section 337-7 through 8 of the Preservation Standards of the
Buffalo Code, recommended designation of 163-173 FROM THE DIVISION OF CITIZEN SERVICES
Broadway, as a local historic landmark. NO. 04
This recommendation is the result of findings contained in a Monthly Report- Division of Citizen
report prepared by the Board's Landmark Designation Services- February 2005
Committee. A copy of the Committee's report and the Attached for your review is the following: (1) Chart of
Landmark Application/Photos are enclosed for your Service Calls for February 2005, (2) Chart of Service Calls
information (refer to Attachments 1 & 2). for February 2004- for comparative purposes, and (3) Chart
The Preservation Board determined that this structure meets of "Open" calls for January 2005, as of February 28, 2005.
the following criteria specified in the Code for landmark Calls in February were down from January's 5,478 to 3,490.
designation. However, service calls in comparison to February 2004,
(1) It has character, interest or value as part of the were up from 1,443 to 1,915.
development, heritage or cultural characteristics of the city, The only notable changes in service calls during February
state or nation; 2005, were in categories relating to garbage totes and
(2) It exemplifies the historic, aesthetic, architectural, refrigerator pick ups.
archaeological, educational, economic or cultural heritage of Broken totes increased by 120 to 312 in February and stolen
the city, state or nation; totes increased by 58 to 218. Both broken and stolen tote
(3) It is identified with a person or persons who totals are about 50% higher than in February 2004.
significantly contributed to the development of the city, state Citizen Services will closely monitor the tote categories, in
or nation; order to determine if the increases are due to any conditions,
(4) It embodies distinguishing characteristics of an other than just cold and icy weather.
architectural style valuable for the study of a period, type, Refrigerator pick up calls increased from 20 to 45, however,
method of construction or use of indigenous materials; all February refrigerators have been picked up. All other
(5) It is unique location or contains singular physical reportable categories showed decreases or only slight
characteristics that make increases.
it an established or familiar visual feature within the city. As always, I hope that this information is helpful.
Pursuant to Article III, Section 337-9 through 12 of the AVAILABLE IN CITY CLERKS OFFICE FOR REVIEW
Preservation Standards of RECEIVED AND FILED
the Buffalo Code, the Committee on Legislation shall hold a
public hearing on this item FROM THE OFFICE OF STRATEGIC PLANNING
and report back to the Common Council with a NO. 05
recommendation on its findings. Results of Negotiations
For your information, the owner of record supports the 2018 Bailey, 42.60' S Doat
proposed landmark Vacant Lot: 70' x 113'
designation (refer to Attachment 3). Assessed Valuation: $ 7,900.
The owner is: The Office of Strategic Planning, Division of Real Estate
Mr. Joseph L. Violanti has received a request to purchase 2018 Bailey Avenue
8571 North Main Street from Mr. Yasmin Shah, 2021 Bailey Avenue, Buffalo, New
Eden, New York 14057 York 14211. He intends to purchase the vacant lot for future
For the record, the vote by the Buffalo Preservation Board expansion of his delicatessen business, located at 2021
on this item was as Bailey Avenue.
follows: The Division of Permit and Inspection Services and the
Ayes: Baer, Carroll, Guerra, Gurney, Kimberly, Laping, Division of Collections have no objections to the sale. There
Masters, Singleton & Pawlak are no building code violations, taxes or other liens owed to
Nays: None the City of Buffalo by the purchaser.
Absent: Lydon The Division of Real Estate has investigated the sale of
Motion carried. similar commercial vacant lot properties in the subject area.
If you have any questions, please contact Thomas W. Sales prices range from one dollar ($1.00) to two dollars and
Marchese, Executive Secretary, at 851-5029. fourteen cents ($2.14) per square foot.
Mr. Coppola moved: The results of our negotiations are that the purchaser has
That the above communication from the Buffalo Preservation agreed and is prepared to pay seven thousand nine hundred
Board, dated March 7, 2005, be received and filed; and dollars ($7,900), which is one dollar ($1.00) a square foot for
That after the public hearing held before the Committee on the parcel. He has also agreed to pay for the cost of the
Legislation on February 17, 2005, 163-173 Broadway be, transfer tax, recording fees and cost of the legal description.
designated as a local historic landmark, pursuant to Article I am recommending that Your Honorable Body approve the
III, Section 337-7 through 8 of the Preservation Standards of sale of
the Buffalo Code; and 2018 Bailey Avenue to Mr. Yasmin Shah in the amount of
That this designation is made upon due consideration of the seven thousand nine hundred dollars ($7,900). I am further
reports of the Buffalo Preservation Code (Chapter 337 -7 recommending that the Corporation Counsel prepare the
through 8 of the Buffalo Code) and for the reasons set forth necessary documents for the transfer of title and that the
in the reports of the Buffalo Preservation Board and its Mayor be authorized to execute the same.
Landmark Designation Committee; and REFERRED TO THE COMMITTEE ON COMMUNITY
That the Secretary of the Preservation Board be, and hereby DEVELOPMENT
is directed to file the property description with the City Clerk,
the Planning Board, the Division of Planning and with the NO. 06
Department of Public Works; and Results of Negotiations
That the Petitioner is directed to file a description or map of 428 Busti, 177' SE Penna
the property with the Erie County Clerk's Office. Lot Size: 25' x 100'
PASSED Assessed Valuation: $1,800
AYES – 7 NOES- 0 The Office of Strategic Planning, Division of Real Estate,
has received a request to purchase 428 Busti Avenue from fees and cost of the legal description.
Mr. James Masterson and Mrs. Phyllis Masterson, 51 Hilton I am recommending that Your Honorable Body approve the
Street, Amherst, New York 14226. Mr. and Mrs. Masterson sale of
own a one family home at 430 Busti Avenue, which is 111 French Street to Mr. John Greer in the amount of one
adjoining to 428 Busti Avenue. They intend to use the thousand two hundred dollars ($1,200). I am further
property for extra yard space. recommending that the Corporation Counsel prepare the
The Division of Permit and Inspection Services and the necessary documents for the transfer of title and that the
Division of Collections have no objections to the sale. There Mayor be authorized to execute the same.
are no building code violations, taxes or other liens owed to Mr. Coppola moved:
the City by the purchasers. That the above communication from the Office of Strategic
The Division of Real Estate has investigated the sale of Planning, Division of Real Estate, dated March 15, 2005, be
similar residential vacant lot properties in the subject area. received and filed; and
Sales prices range from fifty cents (.50) to one dollar ($1.00), That the offer from Mr. John Greer, residing at 204 Hamlin
per square foot. Road, in the sum of one thousand and two hundred dollars
The results of our negotiations are that Mr. and Mrs. ($1,200.00) for the purchase of 111 French Street, be and
Masterson are prepared to pay one thousand eight hundred hereby is accepted; and
dollars ($1,800), seventy-two cents (.72) per square foot, for That the appraisal requested by the City of Buffalo shall be
the subject property. They have also agreed to pay for the paid by the purchaser;
cost of the transfer tax, recording fees and cost of the legal That the transfer tax, recording fees and cost of legal
description. description shall be paid by the purchaser; and
I am recommending that Your Honorable Body approve the That the Corporation Counsel be authorized to prepare the
sale of necessary documents for the transfer of title and that the
428 Busti Avenue to Mr. and Mrs. Masterson in the amount Mayor be authorized to execute the same, in accordance
of One Thousand Eight Hundred Dollars ($1,800). I am with the terms of sale upon which the offer was submitted.
further recommending that the Corporation Counsel prepare PASSED
the necessary documents for the transfer of title and that the AYES – 7 NOES – 0
Mayor be authorized to execute the same.
Mr. Coppola moved: NO. 08
That the above communication from the Office of Strategic Results of Negotiations
Planning, Division of Real Estate, dated March 15, 2005, be 364 Hudson, 181.50' NE Orton Place
received and filed; and Lot Size: 35' x 125'
That the offer from Mr. James Masterson and Mrs. Phyllis Assessed Valuation: Land: $ 4,400
Masterson, residing at 51 Hilton Street, Amherst, in the sum Total: 27,900
of one thousand and eight hundred dollars ($1,800.00) for 32 St. Johns Place,175' NE Orton Place
the purchase of 428 Busti Avenue, be and hereby is Lot Size: 35' x 127'
accepted; and Assessed Valuation: Land: $ 5,900
That the appraisal requested by the City of Buffalo shall be Total 67,600
paid by the purchaser; Ellicott District
That the transfer tax, recording fees and cost of legal The Office of Strategic Planning, Division of Real Estate, has
description shall be paid by the purchaser; and received a request to purchase 364 Hudson and 32 St.
That the Corporation Counsel be authorized to prepare the Johns Place from Mr. Theodore S. Flemming, 1088
necessary documents for the transfer of title and that the Delaware Avenue, Buffalo, New York 14209. He intends to
Mayor be authorized to execute the same, in accordance acquire and substantially rehabilitate both properties.
with the terms of sale upon which the offer was submitted. Mr. Fleming has provided the Division of Real Estate with
PASSED rehabilitation plans and cost estimates as follows:
AYES – 7 NOES – 0 1. 32 St. Johns - Convert fire damaged four family
apartment into two townhouse style units Estimate cost of
NO. 07 rehabilitation is $220,000.
Results of Negotiations 2. 364 Hudson - Convert four family apartment
111 French, 592.23' W Kehr building into three apartment units Estimate cost to
Lot Size: 30' x 137' rehabilitate is $60,000.
Assessed Valuation: $2,200 Mr. Flemming has offered six thousand nine hundred dollars
The Office of Strategic Planning, Division of Real Estate, has ($6,900) for each property for a total of thirteen thousand
received a request to purchase 111 French Street from Mr. eight hundred dollars ($13,800)• He has also provided proof
John Greer, 204 Hamlin Road, Buffalo, New York 14208. Mr. of financial ability to acquire and rehabilitate these
Greer owns and operates a day care center at 109 French, properties.
which is adjacent to 111 French. He intends to expand the The Department of Permits and Inspection Services and the
yard of his day care center. Division of Collections have no objections to the sale. There
The Division of Permit and Inspection Services and the are no code violations, taxes or other liens owed to the City
Division of Collections have no objections to the sale. There of Buffalo by the purchaser
are no building code violations, taxes or other liens owed to The results of our negotiations are that Mr. Theodore
the City by the purchaser. Flemming has agreed and is prepared to pay thirteen
The Division of Real Estate has investigated the sale of thousand eight hundred dollars ($13,800.) He has also
similar residential vacant lot properties in the subject area. agreed to pay for the cost of transfer tax, recording fees and
Sales prices range from thirty cents (.30) to fifty cents (.50), cost of the legal descriptions.
per square foot. I am recommending that Your Honorable Body approve the
The results of our negotiations are that Mr. Greer is prepared sale of
to pay one thousand two hundred dollars ($1,200), thirty 364 Hudson and 32 St. Johns Place to Mr. Theodore S.
cents (.30) per square foot, for the subject property. He has Flemming in the amount of thirteen thousand eight hundred
also agreed to pay for the cost of the transfer tax, recording dollars ($13,800). I am further recommending that the
Corporation Counsel prepare the necessary DEVELOPMET
documents for the transfer of title and that the NO. 11
Mayor be authorized to execute the same. Results of Negotiations
REFERRED TO THE COMMITTEE ON 47 Rother, 469.89' N Broadway
COMMUNITY DEVELOPMENT Lot Size: 30' x 97'
NO. 09 Assessed Valuation: Land: $ 4,400.
Results of Negotiations Fillmore District Total: 10,000.
1181 Jefferson, 93.50' S Northampton The Office of Strategic Planning, Division of Real Estate, has
Vacant Lot: 55' x 138' received a request to purchase 47 Rother Street from Mr.
Assessed Valuation: $7,600 Saleem Yousuf of AQDAS, 204 Sweet Avenue, Buffalo, New
The Office of Strategic Planning, Division of Real Estate has York 14212. He intends to make repairs in the amount of
received a request to purchase 1181 Jefferson Avenue from seventeen thousand five hundred dollars ($17,500), bring 47
Mr. Gregory Hopkins, 1139 Eggert Road, Buffalo, New York Rother Street into code compliance and use as a rental
14226. Mr. Hopkins intends to purchase 1181 Jefferson for property.
business expansion of his taxi/auto repair garage at 1193 The purchaser has provided the Division of Real Estate with
Jefferson Avenue. cost estimates and proof of financial ability to acquire and
The Division of Permit and Inspection Services and the rehabilitate the one and one half story frame two family
Division of Collections have no objections to the sale. There home consisting of 1,757 square feet of living area, situated
are no building code violations, taxes or other liens owed to on a lot 30' 97'. This property was acquired by the City of
the City of Buffalo by the purchaser. Buffalo through a tax foreclosure in 2001 and is in poor
The Division of Real Estate has investigated the sale of condition and requires extensive repair and renovation.
similar commercial lots in the subject area. Sale prices range The Department of Permits and Inspection Services and the
from one dollar ($1.00) to one dollar and fifty cents ($1.50), Division of Collections have no objections to the sale. There
per square foot. are no code violations, taxes or other liens owed to the City
The results of our negotiations are that Mr. Hopkins has of Buffalo by the purchaser.
agreed and is prepared to pay seven thousand six hundred The Division of Real Estate has investigated the sale of two
dollars ($7,600), one dollar ($1.00) per square foot for this family homes in the subject area. Sales prices range from
parcel. He has also agreed to pay for the cost of the transfer one dollar and sixty-six cents ($1.66) to two dollars and
tax, recording fees and cost of the legal description. eighty-five cents ($2.85) per square foot of living area.
I am recommending that Your Honorable Body approve the The results of our negotiations are that Mr. Saleem Yousuf
sale of 1181 Jefferson Avenue to Mr. Gregory Hopkins in the has agreed and is prepared to pay three thousand dollars
amount of seven thousand six hundred dollars ($7,600). I am ($3,000), one dollar and seventy cents ($1.70) per square
further recommending that the Corporation Counsel prepare foot for this parcel. He has also agreed to pay for the cost of
the necessary documents for the transfer of title and that the transfer tax, recording fees and cost of the legal description.
Mayor be authorized to execute the same. I am recommending that Your Honorable Body approve the
REFERRED TO THE COMMITTEE ON COMMUNITY sale of
DEVELOPMET 47 Rother Street to Mr. Saleem Yousuf in the amount of
NO. 10 three thousand dollars ($3,000). I am further recommending
Results of Negotiations that the Corporation Counsel prepare the necessary
339 Pratt, 273.33' S Sycamore documents for the transfer of title and that the Mayor be
Vacant Lot: 34' x 132' authorized to execute the same.
Assessed Valuation: $1,400 Mr. Coppola moved:
Ellicott District
That the above communication from the Office of Strategic
Planning, Division of Real Estate, dated March 8, 2005, be
The Office of Strategic Planning, Division of Real Estate has
received and filed; and
received a request to purchase 339 Pratt Street from Mr.
That the offer from Mr. Saleem Yousuf of AQDAS, 204
Martin J. Philipps and Mr. John W. Greeney, 333 Pratt
Sweet Avenue, in the sum of three thousand dollars
Street, Buffalo, New York 14204• They intend to use the lot
($3,000.00) for the purchase of 47 Rother Street, be and
for additional yard space.
hereby is accepted; and
The Division of Permit and Inspection Services and the
That the appraisal requested by the City of Buffalo shall be
Division of Collections have no objections to the sale. There
paid by the purchaser;
are no building code violations, taxes or other liens owed to
That the transfer tax, recording fees and cost of legal
the City of Buffalo by the purchasers.
description shall be paid by the purchaser; and
The Division of Real Estate has investigated the sale of
That the Corporation Counsel be authorized to prepare the
similar residential lots in the subject area. Sale prices range
necessary documents for the transfer of title and that the
from twenty-five cents (.25) to forty cents (.40), per square
Mayor be authorized to execute the same, in accordance
foot.
with the terms of sale upon which the offer was submitted.
The results of our negotiations are that Mr. Philipps and Mr.
PASSED
John Greeney have agreed and are prepared to pay one
AYES- 7 NOES – 0
thousand four hundred dollars ($1,400), thirty one cents (.31)
per square foot for this parcel. They have also agreed to pay
NO. 12
for the cost of the transfer tax, recording fees and cost of the
Results of Negotiations
legal description.
27 Seymour, 169.35 W Hagerman
I am recommending that Your Honorable Body approve the
Vacant Lot: 14' x 112'
sale of 339 Pratt Street to Mr. Martin J. Philipps and Mr.
Assessed Valuation: $800
John W. Greeney in the amount of one thousand four
35 Seymour, 209.74 E Swan
hundred dollars ($1,400)• I am further recommending that
Vacant Lot: 59' x 64'
the Corporation Counsel prepare the necessary documents
Assessed Valuation: $2,300
for the transfer of title and that the Mayor be authorized to
FILLMORE DISTRICT
execute the same.
The Office of Strategic Planning, Division of Real Estate, has
REFERRED TO THE COMMITTEE ON COMMUNITY
received a request to purchase 27 and 35 Seymour Street has agreed and is prepared to pay five thousand five
from Mr. John Toledo, 1202 West Avenue, Buffalo, New hundred three dollars ($5,503.00), three dollars and sixty two
York 14213. Mr. Toledo owns a two family house at 676 cents ($3.62) per square foot of living area. He has also
Swan Street, which is adjacent to 27 and 35 Seymour Street. agreed to pay for the cost of transfer tax, recording fees and
He intends to use the properties for additional yard space. cost of the legal description.
The Division of Permit and Inspection Services and the I am recommending that Your Honorable Body approve the
Division of Collections have no objections to the sale. There sale of
are no building code violations, taxes or other liens owed to 214 Sweet Avenue to Mr. Saleem Yousuf in the amount of
the City of Buffalo by the purchaser. five thousand five hundred three dollars ($5,503). I am
The Division of Real Estate has investigated the sale of further recommending that the Corporation Counsel prepare
similar lots in the subject area. Sale prices range from fifty the necessary documents for the transfer of title and that the
cents (.50) to one dollar ($1.00), per square foot. Mayor be authorized to execute the same.
The results of our negotiations are that Mr. Toledo has Mr. Coppola moved:
agreed and is prepared to pay three thousand one hundred That the above communication from the Office of Strategic
dollars ($3,100), fifty-eight cents (.58) per square foot for Planning, Division of Real Estate, dated March 15, 2005, be
these parcels. He has also agreed to pay for the cost of the received and filed; and
transfer tax, recording fees and cost of the legal That the offer from Mr. Saleem Yousuf of AQDAS, 204
descriptions. Sweet Avenue, in the sum of five thousand and five hundred
I am recommending that Your Honorable Body approve the and three dollars ($5,503.00) for the purchase of 214 Sweet
sale of 27 and 35 Seymour Street to Mr. John Toledo in the Street, be and hereby is accepted; and
amount of three thousand one hundred dollars ($3,100). I That the appraisal requested by the City of Buffalo shall be
am further recommending that the Corporation Counsel paid by the purchaser;
prepare the necessary documents for the transfer of title and That the transfer tax, recording fees and cost of legal
that the Mayor be authorized to execute the same. description shall be paid by the purchaser; and
Mr. Coppola moved: That the Corporation Counsel be authorized to prepare the
That the above communication from the Office of Strategic necessary documents for the transfer of title and that the
Planning, Division of Real Estate, dated March 18, 2005, be Mayor be authorized to execute the same, in accordance
received and filed; and with the terms of sale upon which the offer was submitted.
That the offer from Mr. John Toledo, 1202 West Avenue, in PASSED
the sum of three thousand and one hundred dollars AYES – 7 NOES – 0
($3,100.00) for the purchase of 27 and 35 Seymour Street,
be and they hereby are accepted; and NO. 14
That the appraisal requested by the City of Buffalo shall be Transfer of Title
paid by the purchaser; Urban Homestead Program
That the transfer tax, recording fees and cost of legal 51 Cambridge Street
description shall be paid by the purchaser; and (City-Owned Vacant Lot, 30' x 118')
That the Corporation Counsel be authorized to prepare the The Office of Strategic Planning, Division of Real Estate, has
necessary documents for the transfer of title and that the surveyed the City-owned vacant lot at 51 Cambridge Street,
Mayor be authorized to execute the same, in accordance Buffalo, New York, parcel is 30' x 118' in dimension; and it
with the terms of sale upon which the offer was submitted. has been determined this parcel is inappropriate for either
PASSED the construction of new housing or needed for public
AYES – 7 NOES – 0 purpose.
Ms. Bernadine H. Druffin-Plummer at 53 Cambridge Street,
NO. 13 Buffalo, New York 14215 has indicated she will clean,
Results of Negotiations improve and maintain the lot at 51 Cambridge Street in the
214 Sweet, 457.53' N Broadway event she obtains title to the property under the Urban
Lot Size: 30' x 94' Homestead Program.
Assessed Valuation: Land $1,300. The Department of Permit and Inspection Services and the
Fillmore District Total 12,800. Division of Collections have been contacted. There are no
The Office of Strategic Planning, Division of Real Estate, has property code violations, taxes or other liens owed to the
received a request to purchase 214 Sweet Avenue from Mr. City of Buffalo by the homesteader.
Saleem Yousuf, 204 Sweet Avenue, Buffalo, New York We, therefore, recommend the City-owned vacant lot be
14212. He intends to make repairs in the amount of fifteen designated as a Homestead Property and be transferred to
thousand dollars ($15,000), in order to bring 214 Sweet Ms. Bernadine J. Druffin-Plummer on the condition the
Avenue into code compliance and use as a rental property. property is cleaned and improved within six (6) months and
The purchaser has provided the Division of Real Estate with maintained in a sanitary manner.
cost estimates and proof of financial ability to acquire and Mr. Coppola moved:
rehabilitate 214 Sweet Avenue. This one and one third story That the above communication from the Office of Strategic
frame two family home was acquired by the City of Buffalo Planning dated March 15, 2005, be received and filed; and
through a tax foreclosure in 2001, in fair condition situated That the city-owned property commonly known as 51
on a lot 30' x 94' consisting of 1,518 feet of living area. Cambridge Street, is hereby designated as Homestead
The Department of Permits and Inspection Services and the Property, and that the Mayor be, and he hereby is authorized
Division of Collections have no objections to the sale. There to execute a deed transferring said property to Ms.
are no code violations, taxes or other liens owed to the City Bernadine J. Druffin-Plummer, for the amount of One Dollar
of Buffalo by the purchaser. ($1.00) and no more, and all costs of transfer, on the
The Division of Real Estate has investigated the sale of two condition the property is cleaned and improved within six (6)
family homes in the subject area. Sales prices range from months and maintained in a sanitary manner.
two dollars and twenty-eight cents ($2.28) to three dollars PASSED
and fifty cents ($3.50) per square foot of living area. AYES – 7 NOES – 0
The results of our negotiations are that Mr. Saleem Yousuf
NO. 15 to execute a deed transferring said property to Ms. Alma
Transfer of Title Rosa Marmolejos, residing at 111 Seventeenth Street for the
Urban Homestead Program amount of One Dollar ($1.00) and no more, and all costs of
403 Plymouth Street transfer, on the condition the property is cleaned and
(City-Owned Vacant Lot, 29' x 100') improved within six (6) months and maintained in a sanitary
Niagara District manner.
The Office of Strategic Planning has surveyed the city-PASSED
owned vacant lot at 403 Plymouth Street, Buffalo, New York, AYES – 7 NOES – 0
parcel is 29' x 100' in dimension; and it has been determined
this parcel is inappropriate for either the construction of new FROM THE COMPTROLLER
housing or needed for any public purpose. NO. 17
Ms. Maria Menza owns and resides at 405 Plymouth Street, CERTIFICATE OF NECESSITY
Buffalo, New York 14213 indicated she will clean, improve CAPITAL BUDGET AMENDMENT
and maintain the lot in the event she obtains title to the Authorization for Additional Capital Indebtedness
property under the Urban Homestead Program. We, Anthony M. Masiello, Mayor and Andrew A.
The Division of Permit and Inspection Services and the SanFilippo,Comptroller, do hereby certify, pursuant to §20-
Division of Collections have been contacted. There are no 28 of the Charter, that it is necessary to authorize an
property code violations, taxes or other liens owed to the increase in indebtedness for Capital Projects Program,
City of Buffalo by the homesteader. provided by the Common Council prior to January 1, 2005
We, therefore, recommend the city-owned vacant lot be for the ensuing fiscal year, by adding the following item:
designated as a Homestead Property and be transferred to Capital Projects
Ms. Maria Menza on the condition the property is cleaned Buffalo Board of Education – Computers $2,500,000
and improved within (6) months and maintained in a sanitary Dated: Buffalo, NY, March 16, 2005
manner. RECEIVED AND FILED
Mr. Coppola moved:
That the above communication from the Office of Strategic NO. 18
Planning dated March 15, 2005, be received and filed; and CERTIFICATE OF NECESSITY
That the city-owned property commonly known as 403 TRANSFER OF FUNDS
Plymouth Street, is hereby designated as Homestead CITY OF BUFFALO
Property, and that the Mayor be, and he hereby is authorized BOARD OF EDUCATION
to execute a deed transferring said property to Ms. Maria We, Anthony M. Masieilo, Mayor and Andrew A.
Menza, residing at 405 Plymouth Street for the amount of SanFilippo, Comptroller, do hereby certify, pursuant to
One Dollar ($1.00) and no more, and all costs of transfer, on §20-12 of the Charter, that it is necessary that the sum of
the condition the property is cleaned and improved within six $55,000 be transferred and reappropriated to the Buffalo
(6) months and maintained in a sanitary manner. Board of Education, as set forth below:
PASSED From:
AYES – 7 NOES – 0 Inventory & Stores
11781006 - 444201 Rental Equipment and Vehicles
NO. 16 $55,000
Transfer of Title To:
Urban Homestead Program Buffalo Board of Education $55,000
113 Seventeenth Street 17523008 -489199 Transfer to Board of Education
City – Owned Vacant Lot 26’ x 137’ Dated: Buffalo, NY, March 15, 2005
Niagara District RECEIVED AND FILED
The Office of Strategic Planning, Division of Real Estate, has
surveyed the City-owned vacant lot at 113 Seventeenth NO. 19
Street, Buffalo, New York, parcel is 26' x 137'; and it has CERTIFICATE OF NECESSITY
been determined this parcel is inappropriate for either the TRANSFER OF FUNDS
construction of new housing or needed for public purpose. PLANNING REAL ESTATE
Ms. Alma Rosa Marmolejos owns and resides at 111 We, Anthony M. Masielio, Mayor and Andrew A.
Seventeenth Street, Buffalo, New York 14213. Ms. SanFilippo, Comptroller, do hereby certify, pursuant to
Marmolejos has indicated she will clean, improve and §20-12 of the Charter, that it is necessary that the sum of
maintain the lot at 113 Seventeenth Street in the event she $8,400 be transferred and reappropriated within the
obtains title to the property under the Urban Homestead Department of Mayor and Executive, as set forth below:
Program. FROM
The Department of Permit and Inspection Services and the Planning - Personal Services $8,400
Division of Collections have been contacted. There are no 10309001 - 411001 Annual Salary
property code violations, taxes or other liens owed to the TO
City of Buffalo by the homesteader. Real Estate - Personal Services $8,400
We, therefore, recommend the City-owned vacant lot be 10314001 - 412002 Hourly Salary
designated as a Homestead Property and be transferred to Dated: Buffalo, NY, March 17, 2005
Ms. Alma Rosa Marmolejos on the condition the property is RECEIVED AND FILED
cleaned and improved within six (6) months and maintained
in a sanitary manner. NO. 20
Mr. Coppola moved: CERTIFICATE OF NECESSITY
That the above communication from the Office of Strategic TRANSFER OF FUNDS
Planning dated March 15, 2005, be received and filed; and COMMON COUNCIL - LEGISLATIVE
That the city-owned property commonly known as 113 We, Anthony M. Masielio, Mayor and Andrew A.
Seventeenth Street, is hereby designated as Homestead SanFilippo, Comptroller, do hereby certify, pursuant to
Property, and that the Mayor be, and he hereby is authorized §20-12 of the Charter, that it is necessary that the sum of
$5,000 be transferred and reappropriated within Common AYES –BONIFACIO, COPPOLA, DAVIS, FONTANA,
Council Legislative, as set forth below: FRANCZYK, RUSSELL - 6 NOES – GOLOMBEK - 1
FROM
Legislative - Personal Services $5,000 NO. 22
10102001 412002 Hourly Salary LIVING WAGE COMMISSION STATUS
TO We were represented at the last Budget Committee of the
Common Council Legislative Common Council expressly for a discussion of the update of
10105004 - 458001 Transportation $1,000 the Living Wage Commission' s status.
10105004 - 458002 Meals/Lodging $1,000 The Charter requirements include specific language
10109004 - 458001 Transportation $1,250 concerning an application for contract, which must be
10109004 - 458002 Meals/Lodging $1,200 submitted to the Commission at the onset of an RFP or
10109004 - 458003 Registration & Membership $550 contract process. This has not been done at this time.
TOTAL $5,000 E.Employer responsibility, compliance and sanctions
Dated: Buffalo, NY, March 21, 2005 1)Notice of application for contract. Simultaneous with the
RECEIVED AND FILED submission of the bid for the proposed contract, the
department authorized to enter into the contract shall obtain
NO 21 an applicatinn for contract from the prospective employer
INTERFUNDLOAN CANCEL and shall forward a copy to the Commission on a Living
MAIN/MERCERFIRE STATION Wage.
DELAVANFILLMOREFIRE STATION An employer's failure to fide an application for contract may
ELMWOOD-HERTEL FIRE STATION bar the City or any of its individual departments from
In the past, the City has provided interfund loans from the considering a bid for contract.
City General Fund to The City, Board and Enterprise Capital Any contract entered into by the City without receipt of an
Projects Funds to implement financing of the Capital application may be voided if not filed with the department
Improvements Budget. The interfund loans are repaid when within 60 days.
the Bond Anticipation Notes or Bonds are issued to finance The application must contain the following
these projects. a)The name, address and phone number of both the
The Administration has requested that you cancel the prospective covered employer and the specific project for
following approved interfund cash loan from the General which the contract is sought b)A description of the project
Fund to the City's Capital Projects Fund (January 11,2005, or service for which the contract is sought c)A statement of
item#15) in the amount of $6,265,000.00 against the 2004 project number of employees, by classification, under the
City Capital Improvements Budget for the Firehouse prospective contract d)A statement of the projected wage
Land/Acquisition/Reconstruction Resolution for levels of all covered employees in each of the years for
$10,000,000.00. The Interfund loan amount of $6,265,000 which the contract is sought
will not be necessary because State Re-engineerlng funds e)A written commitment to pay all covered employees a
will be used to finance the construction of new Fire Stations. living wage as defined by this section The Public Works,
A balance of $250,000 will remain in Main/Mercer2, account Street and Parks notified the Council that they would be able
# 38320306. to comply. Most of their contracts are bid within the
From To Account Repayment Datedepartment.
Total The remainder of the departments who were present work
General Capital Projects 38320206 May 2005 (925,000) with the Purchasing division and were unaware of the
Fund Fund'MainMercer 1 requirement or felt that the Purchasing area should be the
General Capital Projects 38320306 May 2005 (250,000) area that sends the application with the bids and could
Fund Fund'Mainmer2 submit the application to the Commission. This remains to
General Capital Projects 38320406 May 2005be resolved within the administration whether through an
(2,750,000) amendment of the Charter to a more specific requirement or
Fund Fund'ElmHert through procedures agreed upon between the requesting
General Capital Projects 38320506 May 2005area and purchasing.
(2,340,000) Another area that is of concern impacts the Comptroller's
Fund Fund-DelaFillm area in that we had focused on contracts where the City was
Currently, there are four City Projects with an outstanding expending funds, but had not focused on those which
interfund loan of $9,419,500. If this current request is involved receipts of funds. The example used was a contract
approved, the City will be committed to 2 projects with with Pro Park for rental income on a parking lot. The
Interfund loan amounts totaling $404,500.00. Therefore, the Comptroller's department will begin to assess this shortfall
through the memo we addressed to the departments fora
future projects that can be interfund loaned or included in the
r
2004/2005 debt issue will be limited to $24,375,500.
copy of all contracts.
Bonds to be issued Fiscal Year 2004/2005 $ 27,530,000
The language in the Charter needs to be more specific in its
(does not include BOE borrowing limit)
use of terms under the category of sanctions such as "shall"
Approved Interfund Loans $9, 419, 50O
and "will" as opposed to "may."
PLUS $18,110,500
An employer's failure to file an application for contract may
Current request* $6,265,000
bar the City or any of its individual departments from
Balance available for F/Y 2004/2005 $24,375,500
considering a bid for contract.
Mr. Coppola moved:
Any contract entered into by the City without receipt of an
That the above communication from the Comptroller dated
application may be voided if not filed with the department
March 17, 2005, be received and filed; and
within 60 days.
That the Comptroller be, and he hereby is authorized to
The Corporation Counsel's Office has agreed to change the
make an interfund cash loan from the General Fund to the
wording in the Charter and to include the application as part
City's Capital Projects Fund in the amount of $6,265,000 for
of the required RFP and bid documents that the City
Firehouse Land/Acquisition/Reconstruction.
departments send to prospective bidders and contractors.
PASSED
The Comptroller's department will continue to provide
contract materials to the Commission and assist in a follow- AND A POINT 100' NORTH THEREFROM
up with City departments for any outstanding Commission's (EXCLUDING EXISTING NO PARKING
requests. AND NO STANDING AREAS)
REFERRED TO THE COMMITTEE ON LEGISLATION PERMISSIVE PARKING - INSTALL
In conformity with Section 49 of Chapter 479 of the
NO. 23 Ordinances of the City of Buffalo, the City Engineer hereby
RESCIND BOND RESOLUTIONS-FIRE [:FOR THE CITY notifies Your Honorable Body of this action supplementing,
OF BUFFALO amending, or repealing existing provisions of Chapter 479 of
The City of Buffalo issues bonds to provide funds to finance the Ordinances, as stated below, to be effective forty five
the costs of various capital projects, which are described in days after the first Council meeting at which they appear on
the bond resolutions, submitted to the Common Council. The the agenda as an item business.
Division of Investment and Debt Management has been That that part of Subdivision 27 Section 15 of Chapter 479 of
advised by the Department of Public Works that the following Ordinances of the City of Buffalo be supplemented by adding
projects will be funded by State Re-engineering funds. thereto the following: METERED PARKING
Therefore, the following approved bond resolutions should Metered Parking Locations
be rescinded. Period of Metered Parking
CAPITAL PROJECT FUND- (3000) Rate of Metered Parking
1.-Main Mercer- Engine #34 Fire Station (#38320206) Ellicott Street, east side between Swan Street and a point
2.-Delavan Fillmore Fire Station (#38320506) 100' north therefrom (excluding existing No Parking and No
3.-Elmwood Hertel Fire Station (#38320406) Standing areas)
$1,175,000.00 $2,583,000.00 $3,123,000.00 2 Hour Parking
Total $6,881,000.00 8:00 am to 5:00 pm
Mr. Coppola moved: Monday - Friday
That the above communication from the Comptroller dated This action is being taken in order to provide additional short
March 15, 2005, be received and filed; and term on street parking near Erie Community College, as
That the Comptroller be, and he is hereby authorized to requested by the Director of Parking Enforcement. (see
rescind the bond resolutions as listed in the above previous serial)
communication for a total of $6,881,000.00. Waive 45 Days
PASSED RECEIVED AND FILED
AYES - 7 NOES - 0
NO. 25
FROM THE COMMISSIONER OF PUBLIC WORKS 72-76 PEARL STREET
NO. 24 BALCONIES AND WALKWAY
NOTIFICATINN SERIAL # 10001 WITHIN CITY RIGHT OF WAY
REPEAL METERED PARKING (ELLICOTT DISTRICT)
ON ELLICOTT STREET, EAST SIDE Mr. Drew J. Gedra and Mr. Earl A. Ketry, owners of the Pearl
BETWEEN SWAN STREET Street Grill and Brewery located at 72-76 Pearl Street, have
AND A POINT 100' NORTH THEREFROM requested permission to encroach City right of way at said
(EXCLUDING EXISTING NO PARKING address. The property owners are seeking permission to
AND NO STANDING AREAS) install a fourth floor balcony with a walkway. The balcony
PERMISSIVE PARKING - REPEAL would be located on private property however the walkway,
In conformity with Section 49 of Chapter 479 of the located on the Seneca Street side and two smaller balconies
Ordinances of the City of Buffalo, the City Engineer hereby on tile Pearl street side, would be over city right of way.
notifies Your Honorable Body of this action supplementing, The Department of Public Works, Parks and Streets has
amending, or repealing existing provisions of Chapter 479 of reviewed this request with regards to tile encroachment
the Ordinances, as stated below, to be effective forty five issue pursuant to Chapter 413, Section 67 (encroachment
days after the first Council meeting at which they appear on regulations) of the City Charter and recommends that Your
the agenda as an item business. Honorable Body refer this item to the Planning Board for tile
That that part of Subdivision 27 Section 15 of Chapter 479 of necessary site plan review and approval. If approved by the
Ordinances of the City of Buffalo be supplemented by Planning Board and Your Honorable Body the Commissioner
repealing therefrom the following: will issue a "Mere License" for said balconies and walkway
METERED PARKING provided the following conditions are met:
Metered Parking Locations Period of Metered Parking Rate 1. That the applicant obtain any and all City of Buffalo
of Metered Parking permits necessary.
Ellicott Street, east side 10 Hour Parking Rate 2. That the balconies and walkway be installed exactly as
D $2.00/day shown on plans submitted to and approved by the
between Swan Street and a 7:00 am to 5:00 pm Department of Permit & Inspection Services.
point 100' north therefrom Monday - Friday 3. That the applicant be responsible for maintenance of the
(excluding existing No Parking balconies and walkway as long as they remain within City
and No Standing areas) right of way.
This action is being taken in order to provide additional short That, in the event that the Commissioner of Public Works,
term on street parking near Erie Community College, as Parks and Streets determines tile encroachments must
requested by the Director of Parking Enforcement. (see next cease as a result of factors effecting the health, safety and
serial) welfare of the public or the needs of the City, said
commissioner may order the immediate removal of the
NOTIFICATION SERIAL # 10~02 encroachments as described in Chapter 413-67(F) of the
INSTALL METERED PARKIN~ City Charter.
ON ELLICOTT STREET, EASF SIDE That the applicant supply the Department of Public Works,
BETWEEN SWAN STREET/ Parks and Streets with a certificate of insurance, in an
amount deemed sufficient by the Corporation Counsel,
/6 "k
which will indemnify and save harmless the City of Buffalo the Buffalo Sewer Authority to address maintenance and
against any and all loss or damage arising out of repairs of the vehicular components.
construction, maintenance, use or removal of said balconies PASSED
and walkway. AYES - 7 NOES - 0
Mr. Coppola moved:
That the above communication from the Department of NO. 28
Public Works, Parks and Streets dated Mamh 17, 2005 be RECYCLING EDUCATION
received and filed; and ITEM NO. 108, C.C.P. 02/22/05,
That the Commissioner of Public Works, Parks and Streets ITEM NO. 117, C.C.P. 02/22/05
be, and he hereby is authorized to issue a "mere license" to The referenced items were sent to this department for
Mr. Drew J. Gedra and Mr. Earl A. Ketry, owners of the Pearl comment.
Street Grill and Brewery, located at 72-76 Pearl Street, to Attached please find a report from Andrew Goldstein and
install a fourth floor balcony with a walkway, located on the James Pavel outlining the efforts that the City and County
Seneca Street side and two smaller balconies on the Pearl have jointly undertaken to improve recycling participation.
Street side which would encroach city right-of-way at said REFERRED TO THE COMMITTEE ON FINANCE
address, subject to the conditions as listed above.
PASSED NO. 29
AYES – 7 NOES - 0 TRAILBLAZER SIGN REQUEST
REV. MACEO M. FREEMAN
NO. 26 # 145, CCP 3/8/05
CITYWIDE CRACK SEALING PROGRAM This is in response to the subject item, which was forwarded
ITEM NO. 123, C.C.P. 03/08/05 to our department for comment. Please be advised that our
The referenced item was sent to this department for department has no objection to the installation of the (2)
comment. signs requested providing that the City is reimbursed for the
It is our intention to seek bids for a crack-sealing program to costs.
be utilized on recently reconstructed roadways. We expect Based on the information provided and the unit costs used
this contract to be in the $200,000 range. Bids will be for this work the amount due to the City would be $227.00. A
submitted to the Common Council for approval. certified check or money order should be submitted to our
REFERRED TO THE COMMITTEE ON FINANCE Traffic Engineering Division, Room 512 City Hall, 851-5366.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 27
PERMISSION TO ENTER INTO LEASE AGREEMENT NO. 30
WITH VARIOUS WATER STUDIES
CANADIAN NATIONAL RAILWAY - SQUAW ISLAND / ITEM NO. 138, C.C.P. 11/30/04,
BSA ITEM NO. 144, C.C.P. 11/30/04,
ACCESS VIA BLACK ROCK SWING BRIDGE ITEM NO. 145, C.C.P. 11/30/04
The referenced items were referred to this department for
Permission is being requested from Your Honorable Body to comment.
authorize our department to enter into a long-term At the request of the Common Council and the Buffalo Water
agreement with the Canadian National Railway (CN Rail). Board, this department has retained consultants to perform a
The basic intention of the lease is for the City in conjunction water rate analysis, a study to determine the amount of
with the Buffalo Sewer Authority (BSA) to assume unaccounted for water in the system, and the use of potable
maintenance of the road approaches and the cantilevered water for aesthetic and recreational purposes. The results of
portion of the Black Rock Swing Bridge, which exists solely these studies will be shared with the Common Council.
for the purpose of carrying vehicular traffic. This would REFERRED TO THE COMMITTEE ON FINANCE
include all abutments, railings, road grating and structural
members, which are required for the purpose of carrying NO. 31
vehicular traffic to access Squaw Island Park and BSA EXTENSION OF RECYCLING CONTRACT-BFI
facilities. ITEM NO. 027, C.C.P. 02/08/05)
Prior to this time an agreement has been in place since late At the Finance Committee meeting of March 15, 2005 this
1973, which handled maintenance costs for the roadway department was requested to contact BFI with two requests
portions of this bridge via a $0.10 toll per vehicle. This policy as part of their offer to extend their recycling processing
has been abandoned in the last several years in-lieu of the contract. Those requests, and BFI's response are as follows:
City and BSA contributing for maintenance and repairs of the 1. Would BFI accept a two-year renewal with a $10.00 per
vehicular traffic portions of the bridge. ton payment as opposed to a five-year renewal? BFI would
In order to formalize this arrangement we are requesting not accept such an offer. It is their response that they would
permission from Your Honorable Body to enter into a new "have more confidence with assuming all of the financial
lease agreement with CN Rail to address maintenance and risks with a big volume of material such as the City's, over a
repairs of the vehicular components. It should be noted that longer period of time, to ride out any of the ups and downs of
the vehicular portion of the bridge qualifies for federal the commodity markets."
highway funding and the City anticipates a $1.5 million dollar 2. Would BFI accept a clause in the extension that would
allocation from the NYSDOT HBRR fund to make necessary assure that the City of Buffalo would, for the duration of the
repairs. contract receive the greater payment of $10.00 per ton or
Mr. Coppola moved: whatever payment may be made to any other municipality,
That the above communication from the Commissioner of town or village in Erie County. BFI agrees to include such
Public Works, Parks and Streets dated March 17, 2005, be language in any five-year extension.
received and filed; and I once again recommend that the Common Council authorize
That the Commissioner of Public Works, Parks and Streets, the Commissioner of Public Works, Parks and Streets to
be, and he hereby is authorized to enter into a long-term enter into a five-year extension with BFI for recycling
agreement with the Canadian National Railway on behalf of processing at a payment to the City of $10.00 per ton
delivered to BFI's facility in Kenmore New York, and that any Total: 0
such extension include a clause that the City will receive a RECEIVED AND FILED
payment of $10.00 per ton or any amount paid to any
municipality, town or village in Erie County which is greater NO. 36
that $10.00 per ton. All other terms and conditions of the ENFORCEMENT OF NOISE ORDINANCES"
existing contract will remain in effect. ITEM #151, C.C.P. APRIL 13, 2004
Mr. Coppola moved The following information is submitted per the Council's
That the Contract extension between the City of Buffalo and request for a monthly report from the Buffalo Police
BFI is approved for an additional two years with the above Department documenting the number of noise ordinance
referenced amendments to said contract citations and adjudications:
PASSED February, 2005
AYES - 7 NOES - 0 Total: 2
RECEIVED AND FILED
NO. 32
CERTIFICATE OF APPOINTMENT No. 37
Appointment Effective: March 7, 2005 in the Department of CITY OF BUFFALO, POLICE DEPARTMENT
Public Works, Parks & Streets REQUEST TO PURCHASE SEVEN (7) NEW
Division of Water to the Position of Pumping Plant Operator MARKED 2005 FORD EXPLORER SPECIAL
Temporary Promotion at the Maximum Starting Salary of: SERVICE VEHICLES.
$42,289
Daniel Maunz, 330 Potters Road, Buffalo, New York 14220 The Buffalo Police Department hereby requests approval
REFERRED TO THE COMMITTEE ON CIVIL SERVICE from your Honorable Body to purchase seven (7) new 2005
four-wheel drive Ford Explorers that will serve as marked
NO. 33 special service vehicles that will be utilized by various
CERTIFICATE OF APPOINTMENT Districts and Divisions within the Buffalo Police Department.
Appointment Effective: March 14, 2005 in the Department of The purchase of these new vehicles will be funded through
Public Works, Parks & Streets, Division of Water Local Law Enforcement Block Grant Funding.
to the Position of Principal Engineer, Provisional Promotion The current inventory of marked special service vehicles
at the Maximum Starting Salary of $67,105 totals fourteen and includes Jeep Cherokees and Chevrolet
Peter J. Merlo, 799 Bird Avenue, Buffalo, New YorkBlazers ranging in age of 4 to 9 years old. The Jeep
14209 Cherokees, which make up 71% of the total marked
REFERRED TO THE COMMITTEE ON CIVIL SERVICE inventory of special service vehicles, have become
especially unserviceable and has led the Department to
FROM THE COMMISSIONER OF POLICE withdraw several of these vehicles from the patrol fleet.
NO. 34 The need for a relatively small, reliable fleet of four-wheel
DRUG ASSET FORFEITURE CHECKS RECEIVED drive special service vehicles is easily understandable
:ITEM NO. 104, C.C.P. 2/2/88 considering the weather conditions that we experience in the
City of Buffalo. The Buffalo Police Department has identified
8155-00121793 182A-BF-36150 $1,600.00 the Ford Explorer as the appropriate vehicle based on the
8150-00179053 C3-02-0174 9,517.52 basic needs of the Department and the economy it offers.
8155-00121914 C2-04-0148 892.15 The maximum total value of the purchase is not to exceed
8155-00121845 C2-04-0122 239.86 $182,000.
8155-00121885 C2-03-0084 378.94 If you require additional information, please contact Chief
8155-00121885 C2-04-0138 670.09 Richard Ortiz at 851-5181. Thank you for your immediate
8155-00121885 c2-03-0084 776.62 attention to this matter.
TOTAL $14,075.18 REFERRED TO THE COMMITTEE ON FINANCE AND THE
The Drug Enforcement Administration (DEA) has CORPORATION COUNSEL
administratively forfeited the above referenced property. The
checks were received by this Department and duly deposited FROM THE COMMISSIONER OF FIRE
in the Trust & Agency Account, #20010000-389001. These
funds will be placed into one or more of the following NO. 38
Automobile Transportation Allowance
accounts as deemed by the Commissioner of Police:
Educational Training/Seminar, Confidential Funds, Materials
Memorandum of Settlement
and Supplies, Firearms and Weapons, Communications and
Grievance No. G2003-10-12
Computers, Electrical Surveillance, Purchase of Services,
Class Action ("Grievance"); Auto Allowance
Improvements, Vehicles, Operating Equipment
As per Memorandum of Settlement, Grievance No. G2003-
If you have any questions regarding the above mentioned,
10-12 Auto Allowance, Local 282 members who are detailed
please contact Chief Richard Ortiz at 851-5181.
during their regular scheduled duty shift without notice of
REFERRED TO THE COMMITTEE ON FINANCE
said detail in advance, and who use their personal vehicle to
transport to the detail location, shall be compensated at the
NO. 35
rate of $9.00 per day. Employees shall not be entitled to
["ENFORCEMENT OF ILLEGAL DUMPING
more than one auto allowance payment per duty shift.
ORDINANCES"
A copy of the signed G2003-10-12 Memorandum of
[ITEM #151, C.C.P. APRIL 13, 2004
Settlement dated January 11,2005 is attached.
The following information is submitted per the Council's
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
request for a monthly report from the Buffalo Police
Department documenting the number of citations and
FROM THE CORPORATION COUNSEL
adjudication's thereof of the city's illegal dumping
ordinances:
NO. 39
February 2005
being used as drug paraphernalia, there are no current state
or federal laws outlawing the sale of those items separate
Abandonment and Sale
from a narcotics sale. The items alone do not constitute a
Flint Alley - Approximately 3,426 square feet
violation of any law, and therefore, the City cannot amend its
Ellicott District
ordinances to prevent the legal sale of those items at
Item No. 4, C.C.P. 9/2/03
delicatessens.
In the above referenced item Your Honorable Body
REFERRED TO THE COMMITTEE ON LEGISLATION
approved the sale of Flint Alley to the United Sates of
America, acting by and through the General Services
FROM THE COMMISSIONER OF PERMIT & INSPECTION
Administration in accordance with Article 27, Section 27-4 of
SERVICES
the City Charter. The Alley is needed to facilitate the
NO. 42
construction of a new United States Courthouse. The
Second Hand Dealer
approved purchase price was fifty-one Thousand Dollars
1913 Niagara (Niagara)
($51,000.00) established by a real estate appraisal done by
Pursuant to Chapter 254 of the City of Buffalo Ordinances,
G.A.R. Associates, Inc. Real Estate Appraiser and
please be advised that I have examined the attached
Associates, in 2003.
application for a Second Hand Dealer License located at
This is to advise Your Honorable Body that the United States
1913 Niagara and find that as to form is correct. I have
Government commenced a condemnation proceeding
caused an investigation into the premises for which said
against the City of Buffalo and others to acquire Flint Alley in
application for a second hand dealer license is being sought
order to obtain clear and immediate title to Flint Alley on
and according to the attached reports from the Zoning
February 15, 2005 and possession of Flint Alley will occur on
Office, Fire Department and Building Inspections, I find it
April 6, 2005.
complies with all regulations and other applicable laws. I
Just compensation for the taking payable to the City of
have caused an investigation by the Police Department into
Buffalo will be Sixty Thousand Dollars ($60,000.00), which is
the moral character of Kenneth Warier. The attached thereto
Nine Thousand Dollars ($9,000.00) higher than the
for Kenneth Watler d/b/a KW Appliances. This request is
appraised value.
submitted for your approval or whatever action you deem
There is no action to be taken by the Common Council, this
appropriate.
communication has been submitted as informational only.
Mr. Coppola moved:
RECEIVED AND FILED
That the above communication from the Commissioner of
Permit and Inspections Services dated January 12, 2005 be
NO. 40
received and filed; and
Local Laws regarding Commissioners
That pursuant to Chapter 254 of the City Code, the
of Strategic Planning and
Commissioner of Permit & Inspections Services be, and he
Homeland Security
hereby is authorized to grant a Second Hand Dealer license
As per the request of your Honorable Body, I am providing
to Kenneth Walter d/b/a KW Appliances located at 1913
the following information regarding changing the Executive
Niagara Street.
Director position for the Office of Strategic Planning to a
PASSED
Commissioner level position, and also creating the Office of
AYE S- 7 NOES – 0
Homeland Security and a Commissioner of Homeland
Security.
NO. 43
Upon further research on this item, I have determined that a
Used Car Dealer
public referendum would be required for either of the above-
572 South Division (Fillmore)
referenced changes pursuant to Municipal Home Rule Law
Pursuant to Chapter 254 of the City of Buffalo Ordinances,
§23. Both of these changes would take power away from the
please be advised that I have examined the attached
Mayor. Currently, the Executive Director of the Office of
application for a Used Car Dealer License located at 572
Strategic Planning is appointed by the Mayor, requiring no
South Division and find that as to form is correct. I have
confirmation vote by the Common Council.
caused an investigation into the premises for which said
In addition, although the Office of Homeland Security would
application for a used car dealer license is being sought and
be a newly created department, homeland security matters
according to the attached reports from the Zoning Office,
are currently handled by the Director of Homeland Security
Fire Department and Building Inspections, I find it complies
under the Buffalo Fire Department. Most of the functions
with all regulations and other applicable laws. I have caused
handled by the Director are currently proposed duties of the
an investigation by the Police Department into the moral
Commissioner of Homeland Security. Therefore, there will
character of Elahmadi Goba. The attached thereto for
be no need to fill both positions that would be performing
Elahmadi Goba d/b/a Prime Stop Auto Repairs and Sales.
essentially the same functions. Because the position of
This request is submitted for your approval or whatever
Director of Homeland Security is currently a Mayoral
action you deem appropriate.
appointment, the creation of the new Homeland Security
REFERRED TO THE COMMITTEE ON LEGISLATION
Department would in essence diminish the Mayor's power.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 44
Wholesale Junk Dealer
NO. 41
105 Skillen (North)
PROPOSED CHANGE TO DELI LICENSE APPROVAL Pursuant to Chapter 254 of the City of Buffalo Ordinances,
PROCESS PRIOR COUNCIL REFERENCE please be advised that I have examined the attached
ITEM # 66 CCP MARCH 8, 2005 application for a Wholesale Junk Dealer License located at
As per the request of your Honorable Body, I am providing 105 Skillen and find that as to form is correct. I have caused
the following information regarding changing the deli license an investigation into the premises for which said application
approval process. for a Wholesale Junk Dealer License is being sought and
The City of Buffalo cannot create ordinances preventing according to the attached reports from the Zoning Office,
businesses to carry items that legally they are entitled to sell. Fire Department and Building Inspections, I find it complies
Although certain items have been identified as possibly with all regulations and other applicable laws. I have caused
NO. 48
an investigation by the Police Department into the moral
Leaves of Absence Without Pay
character of William Denton. The attached thereto for
I transmit herewith notifications received by me, reporting the
William Denton d/b/a Jesse James Recycling. This request
granting of the leaves of absence without pay, in the various
is submitted for your approval or whatever action you deem
departments as listed:
appropriate
Police- Patrick Morrow, Christine DeGraffenried, Sonji
Mr. Coppola moved:
Robinson Mancelino Vazquez, Valerie Demps, Debra
That the above communication from the Commissioner of
Cordone, Lisa Wilson Akiel Kaudeyr, Crystal Folck, Ralph
Permit and Inspections Services be received and filed; and
Skln~er, Chiquita Foster Sandra Brown
That pursuant to Chapter 254 of the City Code, the
RECEIVED AND FILED.
Commissioner of Permit & Inspections Services be, and he
hereby is authorized to grant a Wholesale Junk Dealer
No. 49
license to William Denton d/b/a Jesse James Recycling
Appointments - Temporary, Provisional or Permanent
located at 105 Skillen.
I transmit herewith Appointments in the various departments
PASSED
made at the Minimum (Temporary, Provisional or
AYES – 7 NOES – 0
Permanent) (as per contract requirements).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF HUMAN RESOURCES
Certificate of Appointment
NO. 45
Appointment Effective: March 21, 2005 in the Department of
INFO
Public Works, Parks & Streets Division of Water to the
DEPENDENT AUDIT
Position of Caulker Permanent
Please note that BUDCO will not perform a dependant audit
Appointment at the: Starting Starting Salary of: $32,392
for an organization of our size. I have contacted the
Eric E. Machin 401 Forest Avenue Buffalo, New York 14213
company's representatives several weeks ago and they
Certificate of Appointment
advised that the Sate of New York has still not committed to
them (which would allow them to do individual cities under
Appointment Effective: in the Department of
the state contract.)
Division of to the Position of
I have attempted to get the School Board and Erie County
March 16, 2005 Public Works, Parks & Streets Streets Truck
and BMHA to join with the City to conduct such an audit for
Driver (Streets)
all four organizations. This would give us a large enough
PROVISIONAL APPOINTMENT MINIMUM Starting Salary
group to make the audit economically feasible for BUDCO.
of: $27,646
However, none of these entities has agreed to participate.
William E. Price, Jr. 59 Gatchell Street Buffalo 14212
We are obtaining a computerized benefits management
Certificate of Appointment
system, which will permit us to perform a similar audit
Appointment Effective: March 16, 2005 in the Department of
internally. This system will be operational in time for the
Public Works, Parks & Streets Division of Streets to the
Open Enrollment period commencing 1 MAY. The system is
Position of Truck Driver (Streets) PROVISIONAL
very restrictive and will permit the employee or retiree to only
APPOINTMENT MINIMUM Starting Salary of $27,646
obtain those benefits to which they are entitled. We will start
Irving Fowler 208 Best Street Buffalo 14209
the process once the open enrollment period is over.
Certificate of Appointment
REFERRED TO THE SPECIAL COMMITTEE ON BUDGET
Appointment Effective: March 7, 2005 in the Department of
FROM THE BOARD OF EDUCATION
Police Dept to the Position of School Crossing Guard
NO. 46
PERMANENT NON-COMPETIVE Starting Salary of $7.09
A. THOMPSON – SCHOOL VIOLENCE
Mary Turner 81 Thatcher Ave Buffalo, NY 14215
Item no. Res # 61, C.C.P. 2/22/05
Inez Hall 66 Herman St Buffalo, NY 14212
This matter has been investigated by our Human Resource
Lilia Brown 94 Titus Ave Buffalo, NY 14212
Department (Executive Director, Laura Dudley).
Irene Evans 25 Parkridge Ave Buffalo, NY 14215
Recommended actions shall be shared with the Board of
Mary Benton 28 Pansy Pl Buffalo. NY 14208
Education.
Selece Rivera 436 Connecticut St Buffalo, NY 14213
For the record, the family of Tremell Smith has expressed
satisfaction with his new school assignment
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND
RECEIVED AND FILED
REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
FROM THE CITY CLERK
NO. 50
NO. 47
DIRECTOR'S REPORT
Liquor License Applications
BUFFALO AND ERIE COUNTY PUBLIC LIBRARY
Attached hereto are communications from persons applying
MARCH 11, 2005
for liquor licenses from the Erie County Alcohol Beverage
Erie County Budget Crisis Strikes B&ECPL: The 2005
Control Board.
Erie County budget cuts have resulted in the layoff of
Address Business Name Owner's
between 1,000 and 2,000 Erie County employees. Under
Name
terms of the labor agreement with AFSCME, the union
1678 Main St Giodano McKnight
representing Erie County's blue collar workers, layoffs trigger
Metropolitan Lounge
a county-wide "bumping" process in which individuals in non-
68 Manchester PL Westbrook Apt Building Jennifer
competitive positions (entry-level titles not subject to Civil
Stainrook
Service examination) laid off from a position in one
84 Reiman St David Traina David
department or agency may displace or "bump" another
Traina
individual with less seniority in the same or another
427 Ontario St Mr. Dennys Adeline
department. Approximately 10 full-time and eight part-time
Mortellaro
B&ECPL employees are being displaced by the latest
RECEIVED AND FILED
bumping process. Most recently, the Library's Maintenance and
Department has been struck by bumping and resulting WHEREAS, Buffalo Place Inc. finds the inconvenience and
layoffs. All staff are saddened and disappointed by this turn costs of the New York State Thruway tolls collected from
of events. County Comptroller Nancy Naples describes the local motorists at the aforesaid toll barriers to be a deterrent
2005 budget as: to business, recreational and residential activity in Downtown
"a mess," claiming the 2004 budget deficit now appears to Buffalo, and
be $106 million, $46 million more than projected. The WHEREAS, the Thruway Authority was scheduled to remove
recently adopted/amended 2005 County budget relied on the tolls from the Thruway in 1996 when the bonds were to
$32 million in "use of fund balance" that no longer exists. be retired in accordance with the original bond agreement,
This is yet another indication of the extremely challenging and
financial situation the County faces and a portent of what is WHEREAS, the Thruway Authority is now considering an
likely to be an even greater challenge as the Library moves increase in the amount of the tolls at said tollbooths, and
through 2005 and prepares for the 2006 budget. WHEREAS, the tolls are nothing less than a commuter tax
Patrons Offered E-Mail or Telephone Notification: As part on persons seeking access into Downtown Buffalo, and
of its continuing effort to control costs, the B&ECPL has WHEREAS, the State of New York has stated repeatedly its
initiated a process that will eliminate postal notification for commitment and that of its agencies to promote the
overdue and request materials. Now, patrons have the economic viability of the City of Buffalo and its surroundings
option to select either e-mail or automated telephone through business investment and job creation, and
notification. A System-wide campaign has begun to collect WHEREAS, the City of Buffalo is the only city in New York
valid e-mail addresses and updated telephone numbers. The State where access to the urban core is taxed by Thruway
suspension of mailings through the U.S. Postal Service will tolls,
result in significant postage cost savings. NOW, THEREFORE, BE IT RESOLVED THAT Buffalo
th,
Place Inc. requests that the New York State Thruway
So Many Books...So Little Time! On March 9author, book
Authority remove the toll barriers at Breckinridge Avenue
reviewer and public librarian Nancy Pearl addressed a
and Ogden Street from the Thruway section I-190.
lunchtime audience of 125 with her presentation, "The
RECEIVED AND FILED
Perils/Pearls of Reading," at the Central Library. Ms. Pearl is
the author of and and is a leading
Book Lust More Book Lust
N. 53
expert in reader's advisory. She is the founder of "If All
HOMESTEAD OF PROPERTY LOCATED AT 84
Seattle Read the Same Book," which spawned similar
HUMASON AVENUE - VACANT LOT
events across the country, and is also the model for the
Dear Councilmember Fontana:
Librarian "Action Figure" produced by Archie McPhee & Co.
As per our conversation today, this letter serves as a request
The program was co-sponsored by University Libraries -
to homestead the property located next to my home on
University at Buffalo, UB's School of Informatics and WBFO-
Humason Avenue. The land, located at 84 Humason
FM.
Avenue, is a vacant lot that I would like to continue the
CDs Find New Homes through Great CD Sale: As the
upkeep and fence the area in the near future.
result of a settlement in a 43-state antitrust case related to a
I would greatly appreciate a response to my request within
price-fixing lawsuit against major record labelers and
the upcoming weeks.
REFERRED TO THE COMMITTEE ON LEGISLATION
Thanking you in advance for taking the time to promptly
respond to my inquiry. I look forward to hearing from you
NO. 51
soon.
PROGRAM PACKAGING AND DEVELOPMENT
REFERRED TO THE COMMITTEE DIRECTOR OF
SERVICES (PPDS) PROVIDER MARCH 10, 2005
REALESTATE
BOARD PACKET DOCUMENTS
ON COMMUNITY DEVELOPMENT AND THE
Attached are the following documents from the March 7,
2005 Joint Schools Construction Board Meeting:
NO. 54
1. Draft Agenda
D FRANCZYK-INVITATION TO BASS PRO TO MEET TO
2. Meeting Minutes from JSCB Meeting dated February 7,
DISCUSS PLANS FOR WATERFRONT
2005
Dear Mr. Hagale:
3. Application and Certificate for Payme No. 31 - February
The Buffalo Common Council invites you, at your
2005
convenience, to meet with us to discuss Bass Pro's plans for
4. Phase/I Application and Certificate for Payment No. 4-
the waterfront, which the Council supports.
January 2005
On Tuesday March 8, 2005, the Buffalo Common Council
5. Phase II Application and Certificate for Payment No. 5 -
adopted the Memorandum of Understanding (MOU)
February 2005
regarding the location of a Bass Pro shop on the Buffalo
6. Bevlar & Associates Inc. Construction Contract Monitoring
Waterfront, and in February 2004, the Common Council
and Compliance Services Monthly Report for Addendum 1
unanimously adopted a resolution in support of locating Bass
Project - January 2005
Pro in the old Memorial Auditorium.
7. Career Path Meeting Schedule – 2005
RECEIVED AND FILED
Common Council approval is necessary to bring Bass Pro to
the waterfront, and the body is eager to work as
NO. 52
expeditiously as possible to make the final approvals a
A RESOLUTION SUPPORTING THE REMOVAL OF THE
reality, based on further negotiations with the city.
NYS THRUWAY TOLL BARRIERS
I am confident a final deal can quickly be reached leading to
ON THE 1-190
a great waterfront project we can all be proud of. To that
WHEREAS, Buffalo Place Inc. is the not-for-profit
end, I believe a meeting between you and the Common
organization dedicated to improving the capability of
Council would be of benefit to all. Please do not hesitate to
Downtown Buffalo to retain and attract businesses; and
contact me on this or any related matter.
WHEREAS, Buffalo Place Inc. previously in April of 1996
REFERRED TO THE COMMITTEE ON COMMUNITY
passed a Resolution petitioning the New York State Thruway
DEVELOPMENT
Authority to remove the Ogden and Breckenridge tollbooths,
charged this year.
NO. 55 5. The Conservancy also explained to the event organizers in
S. HOYT-SUPPORT AID AND INCENTIVES FOR attendance at the March 10 meeting that the park fees they
MUNICIPALITIES PROGRAM pay will go directly back to improve the parks.
I write to applaud you for the Aid and Incentives for 6. It should also be known that in addition to the perk fees,
Municipalities (AIM) program in your executive budget. there are a number of fees event organizers are charged for
Municipalities such as the City of Buffalo will greatly benefit tents, concession vendors, etc. The Conservancy does not
from this program. collect these fees. They are paid to the City of Buffalo and
I have worked diligently to provide the needed assistance in go into the City's general fired.
addressing the fiscal needs of the City of Buffalo. In addition, The Conservancy is honored to be in the role of stewards of
the combined efforts of Mayor Anthony Masiello and elected the Olmsted Park System. We share the same goal as the
officials like City Councilman Marc Coppola have Common Council - for the parks to be vibrant, healthy,
successfully worked to improve Buffalo's financial status. community gathering places. We embrace events that bring
The following are just a few of the ways this has been done: that vitality to the parks, events that appreciate the privilege
1) consolidation of police and garbage districts they have to be able to host their events in such beautiful
2) merging the Streets and Parks Departments with Public settings, and as we learned on March 10, the majority of the
Works event organizers want to do whatever they can to help the
3) moving city employees to a single healthcare provider Conservancy, the City and the County to be able to continue
4) reducing the City's workforce by 22% since 2001 to improve the parks.
In addition, the establishment of the Buffalo Fiscal Stability Should you have any additional questions or need further
Authority (BFSA) in 2003, a bill that I sponsored, has information, please call myself or Tim Fulton, Director of
resulted in the significant improvement in Buffalo's fiscal Park Management and Operations.
performance. Mayor Masiello and I have been strong RECEIVED AND FILED
advocates for a more fiscally responsible city and our efforts
culminated in the establishment of the BFSA in 2003. Since NO. 57
its inception there has been marked improvement in ELLICOTT COMMONS & ALTERNATIVE SCHOOL
Buffalo's fiscal performance. PILOT INCREMENTAL FINANCING APPROVAL
It is for this reason that 1 write to express my disappointment
in your thirty-day amendment to the AIM program which calls Dear Councilmember Davis:
for incentives to go to the BFSA instead of the city. In the We have finally come to the conclusion of our negotiations
wake of daunting financial challenges the City of Buffalo has for the Ellieott Commons and Alternative School PILOT
successfully improved fiscal performance and has achieved Incremental Financing.
cost savings that benefit local taxpayers. The AIM program The ECIDA Board will be approving the PILOT at their April
has the potential to provide much needed relief to the City of 7, 2005 meeting, contingent upon a Common Council
Buffalo. Therefore, as we move forward with budget Approval.
negotiations I urge you to reconsider this amendment and We also have an agreement with the County, Mayor's office,
allow the city of Buffalo to directly receive benefits should and Tim Wannamaker. We now need approval from the
they qualify for the AIM program. Common Council.
RECEIVED AND FILED Over the 10 year term of the PIF the City of Buffalo will
receive $810,830. The current City & County taxes on the
No. 56 property are $16,000 per year. Enclosed is a spread sheet
D. Trimble-response to olmstead parks special events explaining the proposal.
permits We would appreciate this being placed on the next agenda
Thank you for the opportunity to respond to the Common of the Common Council.
Council's questions regarding the special event permit Thank you in advance for your time and cooperation.
process instituted this year by the Buffalo Olmsted Parks REFERRED TO THE COMMITTEE ON FINANCE
Conservancy (Conservancy) for events to be held within the
Olmsted Park System. Following is information that we hope PETITIONS
will clarify the process. NO. 58
1. The Conservancy knows that only the Erie County R. HARPER, AGENT, LAMAR ADVERTISING, USE 393
Legislature has the authority to change or waive fees, as per KENSINGTON FOR A FACE BILLBOARD (MASTEN)
the City's Corporation Counsel ruling. (HRG 3129105)
2. Further, the Conservancy knows that the fee structure it REFERRED TO THE COMMITTEE ON LEGISLATION, THE
implements this year must be consistent wits the fee CITY PLANNING BOARDAND THE CORPORATION
structure listed in the City Charter. COUNSEL
3. On Thursday, March 10, 2005, the Conservancy held a
meeting with event organizers that use the Otmsted Park REGULAR COMMITTEES
System for their event site. More than 50 people attended CIVIL SERVICE
this important meeting. We discussed the permit process in (BONNIE E. RUSSELL, CHAIRPERSON)
detail, answered questions and interacted with these NO. 59
dedicated community volunteers. APPT EQUIPMENT OPERATOR (PROV)
4. Most of the concerns the event organizers had centered (INTER)(TAMSEN)(PW) (ITEM NO. 33-C.C.P. MAR 8,
on the security deposit portion of the special event permit, 2005)
The Conservancy did put security deposits in the permit That Communication 33, March 8, 2005 be received and
process as an optionto enforce compliance on long-standing filed and the provisional appointment of Jeffrey Tamsen of
roles adopted by the City. However, while the Conservancy, 42 Eugene Ave, Buffalo, NY 14216 Stated above at the
City and County administration viewed these optional Intermediate Salary of $31,838 effective on February 24,
deposits as being outside the fee structure for park permits 2005 is hereby approved.
because they would be returned, the Corporation Counsel PASSED
felt otherwise, and therefore, security deposits will not be AYES - 7 NOES - 0
(ITEM NO. 27, C.C.P., FEB. 8, 2005)
NO. 60 That the above item be, and the same hereby is, returned to
APPT CHIEF (PROV)(STRANO)(POL) the Common Council without recommendation.
(ITEM NO. 35-C.C.P. MAR 8, 2005) Mr. Davis moved that the above item is hereby received and
filed.
That Communication 35, March 8, 2005 be received and ADOPTED
filed and the Provisional appointment of Joseph Strano, 260
Cardinal Lane, Grand Island NY 14072 effective on February NO. 68
3, 2005 is hereby approved. ANNUAL AUDIT PLAN (COMPT)VEHICLES (CCP#26,
PASSED 07/20)
AYES - 7 NOES – 0 That the above item be and the same hereby is Received
and Filed
NO. 61 ADOPTED
APPT CRIME SCENE
TECHNICIAN(PERM)(MAX)(NOSTRANT)(POL) NO. 69
(ITEM NO. 36-C.C.P. MAR 8, 2005) M. COPPOLA-CITY/COUNTY PARKS AGREEMENT
That Communication 36, March 8, 2005 be received and (CCP#52, 02/22)
filed and the Permanent appointment of Andrew Nostrant, 84 That the above item be and the same hereby is Received
Harding Road, Buffalo, NY 14220 effective on February 24, and Filed
2005 is hereby approved. ADOPTED
PASSED
AYES - 7 NOES - 0
LEGISLATION
RICHARD A FONTANA, CHAIRMAN
NO. 62
NO. 70
NOTICES OF APPOINTMENTS TEMP/PROV/PERM
D. Denz, Petition to Use 234 Delaware Avenue –
(CCP#46, 03/08)
2 Outdoor Cafes
That the above item be and the same hereby is Received
(Item No. 62, C.C.P., Mar. 8, 2005)
and Filed
That after the petition of D. Denz, owner, for permission to
ADOPTED
use 234 Delaware Avenue for two outdoor cafes be, and
hereby is approved.
NO. 63
PASSED
BUDGET AND PERSONNEL AMENDMENT 55-
AYES – 7 NOES – 0
DEPARTMENT OF COMMUNITY SERVICES 1413 -NYS
YOUTH
NO. 71
(ITEM NO. 153, C.C.P., MAR. 8, 2005)
Request for Sidewalk Repair 495 Norfolk Ave (Masten)
That the Budget and Personnel Amendment as contained in
(PW)
Item No. 153, C.C.P., March 8, 2005, be and the same
(CCP#32,Mar8)
hereby is approved.
That the above item be and the same hereby is received and
PASSED
filed
AYES - 7 NOES - 0
ADOPTED
FINANCE
NO. 72
(BRIAN C. DAVIS, CHAIRMAN)
Special Event Permits (CCP#37,Mar8)
NO. 64
That the above item be and the same hereby is received and
LICENSE DIVISION DEPT OF LICENSE AND
filed
INSPECTION (COMPT)
ADOPTED
CCP# 18 3/08
That the above item be and the same hereby is Received
NO. 73
and Filed
Barbara Davis-Concern Plans to Extend Cedar Street
ADOPTED
(CCP#50, 03/8)
That the above item be and the same hereby is Referred to
NO. 65
The Committee on Education
COB POLICE DEPT REQUEST FOR AFFIRMATION
ADOPTED
STATUS REQUEST TO PURCHASE 8 UNMARKED
VEHICLES (CCP#34, 03/08)
NO. 74
That the above item be and the same hereby is Received
COB Living Wage Commission Annual Report 2004
and Filed
(CCP#52,Mar8)
ADOPTED
That the above item be and the same hereby is received and
filed
NO. 66
ADOPTED
CITYWIDE CRACK SEALING PROGRAM
(ITEM NO. 123, C.C.P., MAR. 8, 2005)
NO. 75
That the above item be, and the same hereby is, returned to
Local Law Intro. No. 4 (2005) Office of Homeland
the Common Council without recommendation.
Security/Emergency Management
Mr. Davis now moved that the above item hereby is received
(Item No. 138, C.C.P., Mar. 8, 2005)
and filed
That the above item be, and the same hereby is, returned to
ADOPTED
the Common Council without recommendation.
Mr. Fontana moved:
NO. 67
That the above item is hereby received and filed
EXTENSION OF RECYCLING CONTRACT - BFI
ADOPTED (CCP#124,Janl 1)
That the above item be and the same hereby is received and
NO. 76 filed
Exempt City of Buffalo from Wicks Law ADOPTED
(CCP#146,Mar8)
That the above item be and the same hereby is received and NO. 85
st nd
filed
City of Buffalo Appointment to the NFTA(Ecx 1& 2)
ADOPTED
(CCP# 157,Dec 14)
NO. 77
That the above item be and the same hereby is received and
B. Louis, Petition to use 72 Pearl Street,
filed
th
Erect a 4Floor Deck
ADOPTED
(Item No. 63, C.C.P., Feb. 22, 2005)
(Item No. 85, C.C.P., Mar. 8, 2005) NO. 86
That the petition of B. Louis, for permission to use 72 Pearl Encroachment Within ROW 283 Main St(Ell)(Bflo Pres
th rd th
Bd)(#7,9/7)
Street for a 4floor deck on the east and 3and 4floor
(CCP#107,Decl4)
balconies on the west sides of an existing restaurant
That the above item be and the same hereby is received and
be, and hereby is approved.
filed
PASSED
ADOPTED
AYES – 7 NOES – 0
NO. 87
NO. 78
B. Davis-M. Mauro-Ellicott Sq Bldg 294 Washington St
LL Intro #3 Amending the Charter of the COB Establish
Req Loading
Office of Homeland Security
# 120, 9/7)(# 149,9/21 )
Emergency Management
(CCP# 105,Nov 30)
(CCP#137,Feb8)
That the above item be and the same hereby is received and
That the above item be and the same hereby is received and
filed
filed
ADOPTED
ADOPTED
NO. 79
NO. 88
Secondhand Dealer - 1296 Bailey Avenue (Item No. 29,
A. Cleary, Petition to use 125 Cherry Street - 2v Non
C.C.P., Jan. 25, 2005)
Accessory Signs (Item No. 69, C.C.P., Feb. 8, 2005) (Item
That the Commissioner of Permit & Inspections Services be,
No. 82, C.C.P., Feb. 22, 2005)
and he hereby is authorized to deny a Secondhand Dealer
That the above item be, and the same hereby is, returned to
license to Daniel Hanna d/b/a Hanna's T&A.
the Common Council without recommendation.
DENIED
Mr. Fontana moved above item be recommitted to
that the
NO. 80
the Committee on Legislation
J. Flynn-Parking Problem on Tracy St Btwn S. Elmwood
ADOPTED
& Delaware(Ell)
(CCP#47,Jan25)
NO. 89
That the above item be and the same hereby is received and
Food Store License - 211 Niagara Street (Item No. 37,
filed
C.C.P., Feb. 22, 2005)
ADOPTED
That the above item be, and the same hereby is returned to
NO. 81
the Common Council without recommendation.
Greater Buffalo Comm-Proposed Merger of
Mr. Fontana moved:
the COB and EC
(CCP#50,Jan 25)
That the above item be and the same hereby is received and
Mr. Fontana moved that the above item be recommitted to
filed
the Committee on Legislation
ADOPTED
AOPTED
NO. 82
NO. 90
Request Opinion NYS Attorney General Merging COB
P. Drago-Prevent Homeowner Insurance Ripoff
and EC(Fin Res Only)
Forwarded to Members of Attorney Gen Staff (CCP#55,
(CCP#122,Jan 25)
Feb22)
That the above item be and the same hereby is received and
That the above item be and the same hereby is received and
filed
filed
ADOPTED
ADOPTED
NO. 83
NO. 91
C. Breem - Request a Traffic Control Measure - Wyoming
B. Yuhnke-TLPA Regulation Video Re Improved Rate
Avenue
Structure Taxi Cabs
(Item No. 65, C.C.P., Jan. 11, 2005)
(CCP#62,Feb22)
That the above item be, and the same hereby is returned to
That the above item be and the same hereby is received and
the Common Council without recommendation.
filed
Mr. Fontana moved:
ADOPTED
That the above item is received and filed
ADOPTED
NO. 92
NO. 84
Opposition to Proposed City County Merger
Ord Amend Chapter 81 - Auctions and Auctioneers
(CCP#116, Feb 22)
That the above item be and the same hereby is received and NO. 96
filed M. COPPOLA WANAMAKER-INFO ON CITY'S LOAN
ADOPTED PROGRAM
(CCP#50, 09/21)
COMMUNITY DEVELOPMENT That the above item is and the same hereby is Received and
(JOSEPH GOLOMBEK JR., CHAIRMAN) Filed
NO. 93 ADOPTED
ERIE CANAL HARBOR PROJECT AMENDMENT (HRG
3/22) NO. 97
(ITEM NO. 124, MAR 8) J. GOLOMBEK-US ENVIRONMENTAL PROTECTION
That the above item be and the same is returned to the AGENCY CONSERV CHALLANG GRANT
Common Council without recommendation. (CCP#49, 01/25)
RECOMMENDED BY THE COMMITTEE ON COMMUNITY That the above item be and the same hereby is Received
DEVELOPMENT and Filed
Joseph Golombek, Chairman ADOPTED
A public hearing has been set, before the Common Council,
at this regularly NO. 98
"D
scheduled meeting, on the above item, and a Notice of same
THE DETAILS FOR BASS PRO PROJECT(2ONLY)
has been published in the
(CCP#160, 12/14)
Buffalo News, a copy of which is attached hereto.
That the above item be and the same hereby is Received
On a motion by Mr. Copola, seconded by Mr. Bonifacio the
and Filed
item is properly before the Common Council, and the
ADOTED
hearing is opened.
Appearances
NO. 99
Tom Chwalinski
GOLOMBEK, UNANSWERED BLOCK GRANT
Jim Sandoro
QUESTIONS
Mr. Coppola now moved that the hearing be closed.
(CCP#139, 02/08)
Seconded by Mr. Bonifacio
That the above item be and the same hereby is Received
Published Buffalo News
and Filed
Friday March l 1, 2005
ADOPTED
Erie Canal Harbor Project Amendment (Item No. 124,
NO. 100
C.C.P., Mar. 8, 2005)
RESPONSE UNANSWERED BLOCK GRANT
That the above item be, and the same hereby is, returned to
QUESTIONS(COMM SVS)
the Common Council without recommendation.
(CCP#41, 02/22)
Mr. Golombek moved:
That the above item be and the same hereby is Received
That the duly members of the City Planning Board of and for
and Filed
the City of Buffalo, do hereby report to the Common Council
ADOPTED
and certify their unqualified approval of the Erie Canal
Harbor Project Area amendment as defined in Subdivision of
NO. 101
3 of Section 502, Article 15 of the New York State Municipal
R. GRYZEWICZ-BLAZING A GREEN TAIL (CCP#57,
Law and do hereby designate the area, pursuant to Section
02/22)
504, Article 15 of the New York State General Municipal
That the above item be and the same hereby is Received
Law, as being appropriate for urban renewal treatment; and
and Filed
That the Director of the Office of Strategic Planning is hereby
ADOPTED
directed and has authorized the amendment to the
Waterfront Redevelopment Urban Renewal Plan for the long
NO. 102
term comprehensive redevelopment of the designated Erie
A. THOMPSON-A. BAIN-AFRICAN AMERICAN
Canal Harbor Project area.
CULTURAL CENTER SPECIAL EVENT PERMIT
PASSED
(CCP#59, 02/22)
AYES -7 NOES - 0
That the above item be and the same hereby is Received
and Filed
NO. 94
ADOPTED
ERIE CANAL HARBOR PROJECT AMENDMENT (CITY
PLANNING)
NO. 103
(ITEM NO. 2, C.C.P., MAR. 8, 2005)
CLARIFY HUMAN SERVICE EVALUATIONS
That the above item be, and the same hereby is, returned to
(CCP#107, 02/22)
the Common Council without recommendation.
That the above item be and the same hereby is
Mr. Golombek moved:
Received and Filed
That the above-mentioned item be and the same is hereby
ADOPTED
received and filed.
ADOPTED.
NO. 104
NO. 95
RESOLUTIONS
YR 30 CD BLOCK GRANT PUBLIC SERVICE THIRD
BY: MR. COPPOLA
QUARTER REPORTS(COMM)(SVS)(CCP#39, 03/08)
BOND RESOLUTION
That the above item be and the same hereby is Received
OIL TANK REPLACEMENT
and Filed
VARIOUS SCHOOLS
ADOPTED
ACCOUNT 3998-970
Bond Resolution of the City of Buffalo, New York, authorizing
the issuance of $500,000 School Bonds of said City to The provisions of law which should be complied with at the
finance the cost of oil tank replacement for various school date of the publication of this resolution are not substantially
buildings in the City, at the estimated maximum cost of complied with,
$500,000. and an action, suit or proceeding contesting such validity, is
The Common Council of the City of Buffalo, in the County of commenced within twenty days after the date of such
Erie, New York, hereby resolves Coy the favorable vote of publication,
nut less than two-thirds of all the members of said Common (c) Such obligations are authorized in violation of the
Council) as follows: provisions of the constitution.
Section I. The Comptroller of the City of Buffalo, in the Message of necessity
County of Erie, New York, is hereby authorized and directed That pursuant to law, we do hereby certify that immediate
to issue School Bonds of said City in the principal amount of passage of the attached bond resolution is necessary for the
Five Hundred Thousand Dollars ($500,000), pursuant to the efficient conduct of City Business
provisions of the Charter of said City and the Local Finance Anthony Masiello
Law, constituting Chapter 33-a of the Consolidated Laws of Mayor
the State of New York (the "Law"), to finance the cost of oil Andrew Sanfilipo
tank replacement for various school buildings in the City. Comptroller
The estimated total cost of said objects or purposes for PASSED
winch the bonds authorized by this resolution are to be AYES - 7 NOES - 0
issued, including preliminary costs and costs incidental
thereto and the financing thereof, is $500,000 as set forth in NO. 105
the duly adopted 2005 Capital Improvements Budget of said BY: MR, COPPOLA:
City, as amended.. 8OND RESOLUTION
Section 2. The proceeds of the sale of the bonds authorized WINDOW REPLACEMENT
by this resolution, or any bend anticipation notes issued in VARIOUS SCHOOLS
anticipation of the sale of said bonds shall be deposited in ACCOUNT 3998-970
the Capital Projects Fund to the credit of the Board of Bond Resolution of the City of Buffalo, New York,,
Education, "Oil Tank Replacement Various Schools, 2005", authorizing the issuance of $1,000,000 School Bonds of said
Bond Authorization Account No. 3998-970, and shall be City to finance the cost of partial reconstruction of various
used for the objects or purposes specified in Section 1 of this school buildings in the City to provide for window
resolution. replacement, at the estimated maximum cost of $1,000,000.
.Section 3. The City intends to finance, on an interim basis, The Common Council of the City of Buffalo, in the County of
the costs or a portion of the costs of said objects or purposes Erie, New York, hereby resolves (by the favorable vote of not
for winch bends ere herein authorized, which costs are less than two-thirds of all the members of said Common
reasonably expected to be incurred by the City, pursuant to Council) as follows:
this Bond Resolution, in the maximum amount of $500,000. Section I. The Comptroller of the City of Buffalo, in the
This Resolution is a declaration of Official Intent adopted County of Erie, New York, is hereby authorized and directed
pursuant to the requirements of Treasury Regulation Section to issue School Bonds of said City in the principal amount of
I. 150-2. One Million Dollars ($I,000,000), pursuant to the provisions
Section 4. The following additional matters are hereby of the Charter of said City and the Local Finance Law,
determined and stated: constituting Chapter 33-a of the Consolidated Laws of the
(a) The period of probable usefulness applicable to the State of New York (the "Law"), to finance the cost of partial
objects or purposes for which the bonds authorized by this reconstruction of various school buildings in the City to
resolution are to be issued within the limitations of Section provide for window replacement. The estimated total cost of
11.00 a. 90. of the Law, is ton (10) years. said class of objects or purposes for which the hands
Co) Current funds are not required by the Law to be authorized by this resolution are to be issued, including
provided as a down payment prior to the issuance of the preliminary costs and costs individual thereto and the
bonds authorized by ~ resolution or any bond anticipation financing thereof, is $1,000,000 as set forth in the duly
notes issued in anticipation thereof In accordance with adopted 2005 Capital Improvements Budget of said City, as
Section 107.00 d. 9. of the Law. amended..
Section 5. Each of the bonds authorized by this resolution Section 2. The proceeds of the sale of the bends authorized
and any bond anticipation notes issued in anticipation of the by this resolution, or any bond anticipation notes issued in
sale of said bends and the renewals of said notes shall anticipation of the sale of said bonds shall ha deposited in
contain the recital of validity prescribed by Section 52.00 of the Capital Projects Fund to the credit of the Board of
the Local Finance Law. Said bends and said notes shall be Education, "Window Replacement Various Schools, 2005",
general obligations of the City of Buffalo payable as to both Bond Authorization Account No. 3998-970, and shall be
principal and interest by a general tax upon all the taxable used for the class of objects or purposes specified in Section
real property within said City without limitation as to rate or 1 of this resolution.
amount. The faith and credit of said City are hereby .Section 3. The City intends to finance, on an interim basis,
irrevocably pledged for the punctoal payment of the principal the costs or a portion of the costs of said objects or purposes
of and interest on said bonds and said notes. Provision shall for which bonds are herein authorized, which costs are
be made annually by appropriation by said City for the reasonably expected to ha incurred by the City, pursuant to
payment of interest on and for the amounts required for the this Bond Resolution, in the maximum amount of
amortization and redemption of said bonds and said notes. $1,000,000. This Resolution is a declaration of Official Intent
Section 6. The validity of the bonds authorized by this adopted pursuant to the requirements of Treasury
resolution or any bond anticipation notes issued in Regulation Section 1.150-2.
anticipation of the sale of said bonds may be contested only Section 4. The following additional matters are hereby
if: determined and stated:
Such obligations are authorized for an object or purpose for (a) The buildings to be reconstructed are of at least Class
which the City of Buffalo is not authorized to expend money, "A" construction, as defined by Section 11.00 a. 11 (a) of the
or Law and the period of probable esefaianss applicable to the
class of objects or purposes which the bonds authorized by constituting Chapter 33-a of the Consolidated Laws of the
this resolution are to be issued, within the limitations of State of New York (the Law"), to finance the cost of partial
Section I 1.00 a. 12.(aXl) of the Law, is twenty-five (25) reconstruction of various City-owned buildings including ( )
years. School 62 (CRUCIAL Center); (ll) Market Street Garage;
Co) Current funds are not required by the Law to be 1446 Main Street; (iv) Broadway Garage and (v) Schiller
provided as a down payment prior to the issuance of the Park Senior Center. The estimated total cost of said objects
bonds authorized by this resolution or any bend anticipation or purposes for which the bends authorized by this resolution
notes issued in anticipation thereof in accordance with are to be issued, including preliminary costs and costs
Section 107.00 d. 9. of the Law. incidental thereto and the financing thereof, is $I,525,000 as
Section 5. Each of the hands authorized by this resolution set forth in the duly adopted 2005 Capital Improvements
and any bond anticipation notes issued in anticipation of the Budget of said City, as amended..
sale of said bonds and the renewals of said notes shall Section 2. The proceeds of the sale of the bends authorized
contain the recital of validity prescribed by Section 52.00 of by this resolution, or any bond anticipation notes issued in
the Local Finance Law. Said bonds and said notes shall be anticipation of the sale of said bends shall be deposited in
general obligations of the City of Buffalo payable to both the Capital Projects Fund to the credit of the Department of
principal and interest by a general tax upon all the taxable Public Works, Division of Buildings "Improvements to City-
real property within said City without limitation as to rate or Owned Bdiulings-2005, Bond Authorization Account No.
amount. The faith and credit of said City are hereby 3000-320, and shall be used for the objects or purposes
irrevocably pledged for the punctual payment of the principal specified in Section I of this resolution
of and interest on said bends and said notes. Provision shall .Section 3. The City intends to finance, on an interim basis,
be made annually by appropriation by said City for the the costs or a portion of the costs of said class of objects or
payment of interest on and for the amounts required for the purposes for which bends are herein authorized, which costs
amortization and redemption of said bonds and said notes. are reasonably expected to be incurred by the City, pursuant
Section 6. The validity of the bonds authorized by this to this Bond Resolution, in the maximum amount of
resolution or any bond anticipation notes issued in $.1,525,000: This Resolution is s declaration of Official Intent
anticipation of the sale of said bonds may be contested only adopted pursuant to the requirements of Treasury
if: Regulation Section I.I 50-2.
(a) Such obligations are authorized for an object or Section 4. The following additional matters are hereby
purpose for which the City of Buffalo is determined and stated:
not authorized to expend money, or (a) The period of probable usefullness applicable to the
(b) The provisions of law which should be complied objects or purposes for which the bonds authorized by this
with at the date of the publication of this resolution are to be issued within the limitations of Section
resolution are not substantially complied with, 11.00 & 90 of the Law, is ten (I0) years.
and an action, suit or proceeding contesting such validity, is (b) Current funds are not required by the Law to be provided
commenced within twenty days after the date of such as a down payment prior to the issuance of the bends
publication, authorized by this resolution or any bend anticipation notes
or issued in anticipation thereof in accordance with Section
(c) Such obligations are authorized in violation of the 107.00 d. 9. of the Law.
provisions of the constitution. Section 5. Each of the bends authorized by this resolution
Message of necessity and any bend anticipation notes issued in anticipation of the
That pursuant to law, we do hereby certify that immediate sale of said bonds and the 11mewais of said notes shall
passage of the attached bond resolution is necessary for the contain the recital of validity prescribed by Section 52.00 of
efficient conduct of City Business the Local Finance Law. Said bends and said notes shall be
Anthony Masiello general obligations of the City of Buffalo payable as to both
Mayor principal and interest by a general tax upon all the taxable
Andrew Sanfilipo real properly within said City without limitation as to rate or
Comptroller amount, The faith and credit of said City are hereby
PASSED irrevocably pledged for the punctual payment of the principal
AYES - 7 NOES - 0 of and interest on said bonds and said notes. Provision shall
be made annually by appropriation by said City for the
NO. 106 payment of interest on and for the amounts required for the
BY: MR. COPPOLA: amortization and redemption of said bends and said notes.
BOND RESOLUTION Section 6. The validity of the bonds authorized by this
IMPROVEMENTS TO CITY-OWNED BUILDINGS resolution or any bond anticipation notes issued in
ACOOUNT 3000-320 anticipation of the sale of said bonds may be contested only
Bond Resolution of the City of Buffalo, New York,, if
authorizing the issuance of $1,525,000 General (a) Such obligations are authorized for an object or
Improvement Bonds of said City to finance the cost of the purpose for which the City of Buffalo is
partial reconstruction of various City-owned buildings, at the not authorized to expend money, or
estimated total cost of $1,525,000.
The Common Council of the City of Buffalo, in the County of b)The provisions of law which should be complied with at the
Erie, New York, hereby resolves Coy the favorable vote of date of the publication of this
not less than two.thirds of all the members of said Common resolution are not substantially compiled with,
Council) as follows: and an action, suit or proceeding contesting such validity, is
Section I. The Comptroller of the City of Buffalo, in the commenced within twenty days after the date of such
County of Erie, New York, is hereby authorized and directed publication,
to the General Improvement Bonds of said City in the or
principal amount of One M/]iron Five Hundred Twenty-Five (c) Such obligations are authorized in violation of the
Thousand Dollars ($],525,000), pursuant to the provisions of provisions of the constitution
the Charter of said City and the Local Finance Law, Message of necessity
That pursuant to law, we do hereby certify that immediate contain the recital of validity prescribed by Section 52.00 of
passage of the attached bond resolution is necessary for the the Local Finance Law. Said bonds and said notes shall be
efficient conduct of City Business general obligations of the City of Buffalo payable as to both
Anthony Masiello principal and interest by a general tax upon all the taxable
Mayor real property within said City without limitation as to rate or
Andrew Sanfilipo amount. The faith and credit of said City are hereby
Comptroller irrevocably pledged for the punctual payment of the principal
PASSED of and interest on said bonds and said notes. Provision shall
AYES - 7NOES - 0 be made annually by appropriation by said City for the
payment of interest on and for the amounts required for the
NO. 107 amortization and redemption of said bonds and said notes.
BY: MR. COPPOLA: Section 6. The validity of the bonds authorized by this
BOND RESOLUTION resolution or any bond anticipation notes issued in
ACQUISITION OF NEW SNOW PLOWS AND anticipation of the sale of said bonds may be contested only
STREET SWEEPERS if:
ACCOUNT 3000-300 Such obligations are authorized for an object or purpose for
Bond Resolution of the City of Buffalo, New York,, which the City of Buffalo is not authorized to expend money,
authorizing the issuance of $1,000,000 General or
Improvement Bonds of said City to finance the cost of The provisions of law which should be complied with at the
acquisition of new snow plows and street sweepers date of the publication of this resolution are not substantially
Citywide, at the estimated total cost of $1,000,000. complied with, and an action, suit or proceeding contesting
The Common Council of the City of Buffalo, in the County of such validity, is commenced within twenty days after the
Erie, New York, hereby resolves (by the favorable vote of not date of such publication, or
less than two-thirds of all the members of said Common Such obligations are authorized in violation of the provisions
Council) as follows: of the constitution. .
Section 1. The Comptroller of the City of Buffalo, in the Message of necessity
County of Erie, New York, is hereby authorized and directed That pursuant to law, we do hereby certify that immediate
to issue General Improvement Bonds of said City in the passage of the attached bond resolution is necessary for the
principal amount of One Million Dollars ($1,000,000), efficient conduct of City Business
pursuant to the provisions of the Charter of said City and the Anthony Masiello
Local Finance Law, constituting Chapter 33-a of the Mayor
Consolidated Laws of the State of New York (the "Law"), to Andrew Sanfilipo
finance the cost of acquisition of new snow plows and street Comptroller
sweepers Citywide. The estimated total cost of said class of PASSED
objects or purposes for which the bonds authorized by this AYES - 7NOES - 0
resolution are to be issued, including preliminary costs and
costs incidental thereto and the financing thereof, is NO. 108
$1,000,000 as set forth in the duly adopted 2005 Capital BY: MR. COPPOLA:
Improvements Budget of said City, as amended.. BOND RESOLUTION
Section 2. The proceeds of the sale of the bonds authorized ENVIRONMENTAL REMEDIATION CITYWIDE
by this resolution, or any bond anticipation notes issued in ACCOUNT 3000-310
anticipation of the sale of said bonds shall be deposited in Bond Resolution of the City of Buffalo, New York,,
the Capital Projects Fund to the credit of the Department of authorizing the issuance of $1,000,000 General
Public Works, Parks and Streets, Division of Engineering, Improvement Bonds of said City to finance the cost of
"Acquisition of New Snow Plows and Street Sweepers-2005, environmental remediation projects on a Citywide basis, at
Bond Authorization Account No. 3000-300, and shall be the estimated total cost of $1,000,000.
used for the objects or purposes specified in Section 1 of this The Common Council of the City of Buffalo, in the County of
resolution. Erie, New York, hereby resolves (by the favorable vote of not
.Section 3. The City intends to finance, on an interim basis, less than two-thirds of all the members of said Common
the costs or a portion of the costs of said class of objects or Council) as follows:
purposes for which bonds are herein authorized, which costs Section I. The Comptroller of the City of Buffalo, in the
are reasonably expected to be incurred by the City, pursuant County of Erie, New York, is hereby authorized and directed
to this Bond Resolution, in the maximum amount of to issue General Improvement Bonds of said City in the
$1,000,000. This Resolution is a declaration of Official Intent principal amount of One Million Dollars ($1,000,000),
adopted pursuant to the requirements of Treasury pursuant to the provisions of the Charter of said City and the
Regulation Section 1.150-2. Local Finance Law, constituting Chapter 33-a of the
Section 4. The following additional matters are hereby Consolidated Laws of the State of New York (the "Law"), to
determined and stated: finance the cost of environmental remediation projects on a
(a) The period of probable usefulness applicable to the Citywide basis, including soil and groundwater testing, fuel
objects or purposes for which the bonds authorized by this tank removals and contaminated soil remediation/disposal
resolution are to be issued within the limitations of Section related to such fuel tank removals as necessary. The
11.00 a. 28 of the Law, is fifteen (15) years. estimated total cost of said objects or purposes for which the
(b) Current funds are not required by the Law to be provided bonds authorized by this resolution are to be issued,
as a down payment prior to the issuance of the bonds including preliminary costs and costs incidental thereto and
authorized by this resolution or any bond anticipation notes the financing thereof, is $1,000,000 as set forth in the duly
issued in anticipation thereof in accordance with Section adopted 2005 Capital Improvements Budget of said City, as
107.00 d. 9. of the Law. amended..
Section 5. Each of the bonds authorized by this resolution Section 2. The proceeds of the sale of the bonds authorized
and any bond anticipation notes issued in anticipation of the by this resolution, or any bond anticipation notes issued in
sale of said bonds and the renewals of said notes shall anticipation of the sale of said bonds shall be deposited in
the Capital Projects Fund to the credit of the Department of Improvement Bonds of said City to finance the cost of
Public Works, Parks and Streets, Division of Engineering, various infrastructure improvements Citywide, at the
"Environmental Remediation-2005, Bond Authorization estimated total cost of $1,250,000.
Account No. 3000-310, and shall be used for the objects or The Common Council of the City of Buffalo, in the County of
purposes specified in Section 1 of this resolution. Erie, New York, hereby resolves (by the favorable vote of not
Section 3. The City intends to finance, on an interim basis, less than two-thirds of all the members of said Common
the costs or a portion of the costs of said objects or purposes Council) as follows:
for which bonds are herein authorized, which costs are Section 1. The Comptroller of the City of Buffalo, in the
reasonably expected to be incurred by the City pursuant to County of Erie, New York, is hereby authorized and directed
this Bond Resolution in the maximum amount of $1,000,000. to issue General Improvement Bonds of said City in the
This Resolution is a declaration of Official Intent adopted principal amount of One Million Two Hundred Fitly Thousand
pursuant to the requirements of Treasury Regulation Section Dollars ($1,250,000), pursuant to the provisions of the
1.150-2. Charter of said City and the Local Finance Law, constituting
Section 4. The following additional matters are hereby Chapter 33-a of the Consolidated Laws of the State of New
determined and stated: York (the "Law"), to finance the cost of various infrastructure
(a) The period of probable usefulness applicable to the improvements Citywide, including highway paving, bridge
objects or purposes for which the bonds authorized by this repairs, sidewalks, curbing, street lighting and other R.O.W.
resolution are to be issued within the limitations of Section enhancements. The estimated total cost of said objects or
11.00 a. 89. of the Law, is five (5) years. purposes for which the bonds authorized by this resolution
(b) Current funds are not required by the Law to be provided are to be issued, including preliminary costs and costs
as a down payment prior to the issuance of the bonds incidental thereto and the financing thereof, is $1,250,000 as
authorized by this resolution or any bond anticipation notes set forth in the duly adopted 2005 Capital Improvements
issued in anticipation thereof in accordance with Section Budget of said City, as amended..
107.00 d. 9. of the Law. Section 2. The proceeds of the sale of the bonds authorized
Section 5. Each of the bonds authorized by this resolution by this resolution, or any bond anticipation notes issued in
and any bond anticipation notes issued in anticipation of the anticipation of the sale of said bonds shall be deposited in
sale of said bonds and the renewals of said notes shall the Capital Projects Fund to the credit of the Department of
contain the recital of validity prescribed by Section 52.00 of Public Works, Parks and Streets, Division of Engineering,
the Local Finance Law. Said bonds and said notes shall be "Infrastructure lmprovements-Citywide-2005, Bond
general obligations of the City of Buffalo payable as to both Authorization Account No. 3000-310, and shall be used for
principal and interest by a general tax upon all the taxable the objects or purposes specified in Section 1 of this
real property within said City without limitation as to rate or resolution
amount. The faith and credit of said City are hereby .Section 3. The City intends to finance, on an interim basis,
irrevocably pledged for the punctual payment of the principal the costs or a portion of the costs of said objects or purposes
of and interest on said bonds and said notes. Provision shall for which bonds are herein authorized, which costs are
be made annually by appropriation by said City for the reasonably expected to be incurred by the City pursuant to
payment of interest on and for the amounts required for the this Bond Resolution in the maximum amount of $1,250,000.
amortization and redemption of said bonds and said notes. This Resolution is a declaration of Official lntent adopted
Section 6. The validity of the bonds authorized by this pursuant to the requirements of Treasury Regulation Section
resolution or any bond anticipation notes issued in 1.150-2.
anticipation of the sale of said bonds may be contested only Section 4. The following additional matters are hereby
if: determined and stated:
Such obligations are authorized for an object or purpose for (a) The period of probable usefulness applicable to the
which the City of Buffalo is not authorized to expend money, objects or purposes for which the bonds authorized by this
or resolution are to be issued within the limitations of Section
The provisions of law which should be complied with at the 11.00 a. 90 of the Law, is ten (10) years.
date of the publication of this resolution are not substantially (b) Current funds are not required by the Law to be provided
complied with, and an action, suit or proceeding contesting as a down payment prior to the issuance of the bonds
such validity, is commenced within twenty days after the authorized by this resolution or any bond anticipation notes
date of such publication, or issued in anticipation thereof in accordance with Section
(c) Such obligations are authorized in violation of the 107.00 d. 9. of the Law.
provisions of the constitution. Section 5. Each of the bonds authorized by this resolution
Message of necessity and any bond anticipation notes issued in anticipation of the
That pursuant to law, we do hereby certify that immediate sale of said bonds and the renewals of said notes shall
passage of the attached bond resolution is necessary for the contain the recital of validity prescribed by Section 52.00 of
efficient conduct of City Business the Local Finance Law. Said bonds and said notes shall be
Anthony Masiello general obligations of the City of Buffalo payable as to both
Mayor principal and interest by a general tax upon all the taxable
Andrew Sanfilipo real property within said City without limitation as to rate or
Comptroller amount. The faith and credit of said City are hereby
PASSED irrevocably pledged for the punctual payment of the principal
AYES - 7NOES - 0 of and interest on said bonds and said notes. Provision shall
be made annually by appropriation by said City for the
NO. 109 payment of interest on and for the amounts required for the
BY: MR. COPPOLA: amortization and redemption of said bonds and said notes.
BOND RESOLUTION Section 6. The validity of the bonds authorized by this
INFRASTRUCTURE IMPROVEMENTS-CITYWIDE resolution or any bond anticipation notes issued in
ACCOUNT 3000-310 anticipation of the sale of said bonds may be contested only
Bond Resolution of the City of Buffalo, New York,, if:
authorizing the issuance of $1,250,000 General Such obligations are authorized for an object or purpose for
which the City of Buffalo is not authorized to expend money, $2,500,000. This Resolution is a declaration of Official Intent
or adopted pursuant to the requirements of Treasury
The provisions of law which should be complied with at the Regulation Section 1.150-2.
date of the publication of this resolution are not substantially Section 4. The following additional matters are hereby
complied with, and an action, suit or proceeding contesting determined and stated:
such validity, is commenced within twenty days after the (a) The period of probable usefulness applicable to the
date of such publication, or objects or purposes for which the bonds authorized by this
(c) Such obligations are authorized in violation of the resolution are to be issued, within the limitations of Section
provisions of the constitution. 11.00 a. 89 of the Law, is five (5) years.
Message of necessity (b) Current funds are not required by the Law to be provided
That pursuant to law, we do hereby certify that immediate as a down payment prior to the issuance of the bonds
passage of the attached bond resolution is necessary for the authorized by this resolution or any bond anticipation notes
efficient conduct of City Business issued in anticipation thereof in accordance with Section
Anthony Masiello 107.00 d. 9. of the Law.
Mayor Section 5. Each of the bonds authorized by this resolution
Andrew Sanfilipo and any bond anticipation notes issued in anticipation of the
Comptroller sale of said bonds and the renewals of said notes shall
PASSED contain the recital of validity prescribed by Section 52.00 of
AYES - 7NOES - 0 the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both
NO. 110 principal and interest by a general tax upon all the taxable
BY: MR. COPPOLA: real property within said City without limitation as to rate or
BOND RESOLUTION amount. The faith and credit of said City are hereby
COMPUTERS & TECHNOLOGY irrevocably pledged for the punctual payment of the principal
VARIOUS SCHOOLS of and interest on said bonds and said notes. Provision shall
ACCOUNT 3998-970 be made annually by appropriation by said City for the
Bond Resolution of the City of Buffalo, New York,, payment of interest on and for the amounts required for the
authorizing the issuance of $2,500,000 School Bonds of said amortization and redemption of said bonds and said notes.
City to finance the cost of acquisition and installation of Section 6. The validity of the bonds authorized by this
computer hardware and related software, equipment and resolution or any bond anticipation notes issued in
apparatus for use by Buffalo Public Schools located anticipation of the sale of said bonds may be contested only
throughout the City, at the estimated maximum cost of if:
$2,500,000. Such obligations are authorized for an object or purpose for
The Common Council of the City of Buffalo, in the County of which the City of Buffalo is not authorized to expend money,
Erie, New York, hereby resolves (by the favorable vote of not or
less than two-thirds of all the members of said Common The provisions of law which should be complied with at the
Council) as follows: date of the publication of this resolution are not substantially
Section 1. The Comptroller of the City of Buffalo, in the complied with, and an action, suit or proceeding contesting
County of Erie, New York, is hereby authorized and directed such validity, is commenced within twenty days after the
to issue School Bonds of said City in the principal amount of date of such publication, or
Two Million Five Hundred Dollars ($2,500,000), pursuant to Such obligations are authorized in violation of the provisions
the provisions of the Charter of said City and the Local of the constitution
Finance Law, constituting Chapter 33-a of the Consolidated Message of necessity
Laws of the State of New York (the "Law"), to finance the That pursuant to law, we do hereby certify that immediate
cost of acquisition and installation of computer hardware and passage of the attached bond resolution is necessary for the
related software, equipment and apparatus for use by efficient conduct of City Business
Buffalo Public Schools located throughout the City, including Anthony Masiello
but not limited to: (i) desktops - MAC & PC's, (ii) IMB PC Mayor
laptops; (iii) MAC Co. carts & laptops, (iv) smartboards, (v) Andrew Sanfilipo
video projectors, (vi) vocational lab equipment, (vii) computer Comptroller
furniture tables & chairs and (viii) home and career PASSED
appliances. The estimated total cost of said objects or AYES - 7 NOES - 0
purposes for which the bonds authorized by this resolution
are to be issued, including preliminary costs and costs NO. 111
incidental thereto and the financing thereof, is $2,500,000 as SPONSOR: MR. COPPOLA
set forth in the duly adopted 2005 Capital Improvements CO-SPONSOR: MR. FRANCZYK, MRS. RUSSELL, MR.
Budget of said City, as amended.. THOMPSON, MR. FONTANA
Section 2. The proceeds of the sale of the bonds authorized GOVERNORS AID AND INCENTIVES TO
by this resolution, or any bond anticipation notes issued in MUNICIPALITIES (AIM) PROGRAM
anticipation of the sale of said bonds shall be deposited in Governor George Pataki has proposed a program called Aid
the Capital Projects Fund to the credit of the Board of and Incentives to Municipalities (AIM); and
Education, "Computers & Technology Various Schools, The purpose of the AIM program is to reward local
2005", Bond Authorization Account No. 3998-970, and shall governments for improved fiscal performance by providing
be used for the objects or purposes specified in Section 1 of additional State aid to municipalities that meet the program
this resolution. criteria; and
.Section 3. The City intends to finance, on an interim basis, Due to many difficult decisions which have been made
the costs or a portion of the costs of said objects or purposes through the cooperative efforts of the Council, Mayor
for which bonds are herein authorized, which costs are Masiello, and the Buffalo Fiscal Stability Authority (BFSA),
reasonably expected to be incurred by the City, pursuant to the City of Buffalo is steadily improving; and
this Bond Resolution, in the maximum amount of It is anticipated that the City of Buffalo could receive an
increase of $12 million in state aid through the AIM program; WATER RATE ANALYSIS
and Whereas The Department of Public Works has retained
The original legislation establishing the Governor's AIM consultants to perform a water rate analysis, a study to
program provided funding directly to local gpvernments to be determine the amount of unaccounted water in the system,
used for minimizing property tax growth; and and the use of potable water for aesthetic and recreational
The legislation establishing the AIM program was purposes; and
subsequently amended to require that cities under a state Whereas The recommendations provided by these studies
imposed fiscal stability authority, must have their funding may result in cost savings for the water system and water
paid to the fiscal stability authority to be used for the purpose rate payers; and
of "permanently reducing the cost of city government."; and Now Therefore Be It Resolved
Under the amended legislation the fiscal stability authority The Common Council requests that the Buffalo Water Board
will make a determination as to what AIM funds can be used hold off on requesting a rate increase until the above
for; and mentioned studies are completed.
The assistance, which the City hopes to receive through the Be It Further Resolved
AIM program, is critical to the continued success of Buffalo; That this item is referred to an appropriate committee of the
and Council for further consideration
The Council strongly opposes the Governor's amendment to ADOPTED
have AIM funds flow directly to the Buffalo Fiscal Stability
Authority (BFSA). Our request is that Buffalo be treated like NO. 114
other cities in the state with regard to AIM funds; and BY: BRIAN C. DAVIS
The Council and the Mayor have proven that they have the PROJECT BASED SECTION 8 & OTHER HOUSING
will and the ability to take the necessary actions for fiscal WITHIN THE CITY OF BUFFALO
recovery; and Whereas: Tenants in federally subsidized buildings across
Flexibility is needed in utilizing AIM funds to assist the city in the country are facing the possibility of losing their project-
minimizing property tax increases as originally intended by based Section 8 apartments because of failure to comply
the AIM program. with U.S. Department of Housing and Urban Development
Now Therefore Be It Resolved regulations mandated for 'safe and secure' housing; and
That the Council opposes the Governor's amendment to Whereas: If a building fails two HUD inspections for building
have AIM funds flow directly to the BFSA, as AIM funds conditions, it could "fail out" of the affordable housing
should go directly to the City of Buffalo to be used for program, lose its ItUD Housing Assistance Payment
minimizing property tax increases. Contract (HAPC) and thereby place tenants at risk of losing
their subsides and their homes, which has the potential to
Be It Further ResolvedThat the Council supports a new create a devastating increase in homelessness in our area
amendment to the AIM legislation allowing the City of Buffalo and throughout the country; and
to use AIM funding to first balance its General Fund budget Whereas: During these extraordinarily difficult economic
in order to minimize and/or eliminate the need for property times, eliminating Project-Based Section 8 complexes will
tax increases and BFSA deficit borrowings. Once the budget lead to tremendous hardships, and even evictions, for
is balanced in accordance with BFSA requirements any thousands of Buffalo families; and
remaining surplus funds shall be held by the BFSA for Whereas: The City Resident has many serious concerns
distribution to the City upon a determination that such funds about the impact this would have on the low, moderate and
shall be used for the purpose of permanently reducing the middle-income rent stabilized tenants of the City of Buffalo
cost of city government. who are already facing nearly unprecedented levels of
Be It Finally resolved unemployment and cost of living increases; and
That this item is referred to an appropriate committee of the Whereas: The effects on seniors, the disabled and other
Council with certified copies forwarded by the City Clerk to vulnerable individuals on fixed incomes would be especially
the Governor, Senate Majority Leader Joseph Bruno, grave; and
Assembly Speaker Sheldon Silver and members of the WNY Whereas: Loss of project-based Section 8 housing within the
State Delegation. City of Buffalo must be avoided at all cost, and when that is
ADOPTED not possible, it is necessary to ameliorate the effect of the
loss of such housing and to otherwise improve and make
NO. 112 housing stock accessible to all residents of the City of
BY. MR. COPPOLA Buffalo.
EXCUSE COUNCILMEMBER ANTOINE M THOMPSON Be it Therefore Resolved: That the Common Council of the
FROM SESSION City of Buffalo immediately:
Masten District Councilmember Antoine M. Thompson will Seek federal legislation to clarify that the removal of the so-
not be in attendance for Common Council session on called "endless lease" provision of the Section
Tuesday, March 22, 2005; and 8 laws does not pre-empt local laws such as the Emergency
Councilmember Antoine M. Thompson has requested Tenant Protection Act (ETPA) so that once a
permission to be excused from said session. landlord accepts a Tenant's Section 8 subsidy it becomes a
Now Therefore Be It Resolved: term and condition of the ETPA lease which
That this Common Council excuses Councilmember Antoine must be renewed at the expiration of each lease term.
M. Thompson from attendance for the session to be held on Seek federal legislation that would require HUD to provide
Tuesday, March 22, 2005. the City of Buffalo concurrent and direct notice
ADOPTED of REAC inspection results including copies of the inspection
reports and notices to the Owner(s).
NO. 113 Seek federal legislation that would require HUD's Real
SPONSOR MR MARC A. COPPOLA Estate Assessment Center (REAC) housing
MR. BONIFACIO, MR. DAVIS, MR. FONTANA, MR. requirements to be consistent with local and state housing
FRANCZYK, MR. GOLOMBEK, MRS. RUSSELL, MR and fire codes.
THOMPSON Ask the City's Administration to direct the City of Buffalo
Department of Permits & Inspections and City George Holt, Erie County Legislator Demone Smith, Mayor
of Buffalo Fire Department Anthony Masiello, the Buffalo Municipal Housing Authority,
1)to inspect the premises of buildings where HAPCs are and Housing Opportunities Made Equal.
threatened to be cancelled (independent of Brian C. Davis
REAC inspections) to determine the existence of local and Ellicott District Councilmember
state housing and/or fire code violations REFERRED TO THE COMMITTEE ON COMMUNITY
or the lack thereof; DEVELOPMENT AND DIRECTOR STRATEGIC PLANNING
2)to provide the Administration, Common Council, Owners
and/or Tenants, at their request, with documentation NO. 115
indicating the existence or non-existence of such violations; BY: BRIAN C. DAVIS
and PERMISSION TO HANG BANNERS ON DELAWARE
3)to provide the Common Council, Owners and/or Tenants, AVENUE
at their request, with a written assessment Whereas Trinity Episcopal Church would like to hang a
of whether or not citations contained within a REAC banner along Delaware Avenue to advertise their annual
inspection report constitute violations of local White Elephant Sale event; and
or state housing and building code. Whereas Trinity Episcopal Church is requesting permission
Seek federal legislation revoking the broad foreclosure and to display the banner in front of the church located 371
property disposition powers given to HUD in Delaware Avenue; and
1995. Whereas Trinity Episcopal Church has requested the said
Seek federal legislation to require HUD to maintain project-banner be displayed from Saturday, April 23, 2005 through
based Section 8 contracts after foreclosure. Saturday, May 14, 2005;
Seek federal legislation to require HUD to notify Tenants of Now Therefore Be Resolved:
federally-subsidized buildings in writing That the Common Council of the City of Buffalo grants
within a set time period regarding proposed actions that permission to Trinity Episcopal Church to display a banner to
would affect the ownership or regulated status of advertise the Trinity White Elephant Sale, and
their building and to seek input from Tenants at building-wide Be It Further Resolved:
meetings regarding HUD's proposed actions That Trinity Episcopal Church will purchase the necessary
and incorporate Tenants' input into HUD's decision making bond before the banner is hung. Said banner shall meet all
process. the requirements of pertinent City Department's and no
Push Governor Pataki and State legislators to urge HUD to existing laws should be violated.
create demonstration projects to maintain and PASSED
improve this distressed housing stock, keeping it affordable AYES - 7 NOES – 0
and habitable for the long term.
Ask President Bush, United States Senators and NO. 116
Representatives, Governor Pataki, the United States BY: MR. DAVIS
Department of Housing and Urban Development, New York TRANSFER OF FUNDS
State Legislators, the Erie County Executive and County CITY OF BUFFALO
Legislators and other officials BOARD OF EDUCATION
1) to ensure that federal and state governments increase That pursuant to §20-12 of the Charter and the Certificate of
rather than decrease funding of rental subsidies such as the Mayor and the Comptroller submitted to the Common
Section 8 Vouchers, Shelter Plus Care, RAP (Rental Council, the sum of $55,000 be and the same is hereby
Assistance Program), and New York State Shelter transferred to the Board of Education and said sum is hereby
Allowances for public assistance recipients, etc.; and reappropriated as set forth below:
2)to ensure that there is increased funding and enforce Inventory & Stores
compliance with requirements for the 11781006 - 444201 Rental Equipment and Vehicles $55,000
construction and maintenance of affordable housing. To:
Ensure that the City of Buffalo makes habitable and Buffalo Board of Education
affordable housing one of its top priorities by 17523008 - 489199 Transfer to Board of Education $55,000
allocating sufficient resources to ensure that the City has the PASSED
ability to aggressively enforce the Building AYES - 7 NOES - 0
and Housing Codes and the Fire Department Codes.
Be it Finally Resolved: That the Buffalo Common Council NO. 117
hereby directs the City Clerk to forward copies of this BY: MR. DAVIS
resolution to President George Bush, United Stated CAPITAL BUDGET AMENDMENT
Department of Housing and Urban Development Secretary ADDITION TO CAPITAL PROGRAM 2005
Alphonso Jackson, Deputy Secretary Roy A. Bernardi, That pursuant to §20-28 of the Charter and the Certificate of
Federal Housing Commissioner & Asst Secretary for the Mayor and the Comptroller submitted to the Common
Housing John C. Weicher, Deputy Assistant Secretary for Council, the Capital Program for the fiscal year 2005 he and
Affordable Housing Preservation Charles H. Williams, the same is hereby amended by adding the following item
Deputy Assistant Secretary for Multifamily Housing Stillman under the heading:
Knight, Office of Housing Assistance Contract Administration Capital Projects
Oversight Director Lanier M. Hylton, Office of Multifamily Buffalo Board of Education – Computers $2,500,000
Asset Management Director Beverly Miller, Real Estate PASSED
Assessment Center Management Director Elizabeth A. AYES - 7 NOES – 0
Hanson, Acting New York Regional Office Director Frank
McKay, U.S. Senator Charles Schumer, U.S. Senator Hillary No 118
Clinton, U.S. Congressman Brian Higgins, U.S. By Mr. Davis
Congresswoman Louise Slaughter, New York State Senator Tansfer in funds planning real estate
Byron Brown, NYS Assemblywoman Crystal D. Peoples, That pursuant to §20-12 of the Charter and the Certificate of
County Executive Joel Giambra, Erie County Legislator the Mayor and the Comptroller submitted to the Common
Council, the sum of $8,400 be and the same is hereby
transferred within the Department of Mayor and Executive
NO. 121
and said sum is hereby reappropriated as set forth below:
Mr Franczyk
From
RE: SEQRA FOR PERRYSBURG
Planning - Personal Services $8,400
WHEREAS: The Common Council voted on January 11,
10309001 - 411001 Annual Salary
2005 to deny the request of the Empire State Development
To
Corporation (ESDC) and the New York State Dormitory
Real Estate - Personal Services $8,400
Authority to surrender its reversionary rights to the J.N.
10314001 - 412002 Hourly Salary
Adam property and hospital complex in Perrysburg, New
PASSED
York; and,
AYES – 7 NOES - 0
WHEREAS: The Common Council raised concerns that the
sale price offer of $371,000 for Perrysburg was inadequate,
given the property's assessed valuation of $4-million in
addition to the official 2000 timber appraisal of $641,193;
NO. 119
and,
By: Mr. Davis
WHEREAS: New York State Assemblyman Richard L.
Transfer of Funds
Brodsky, Chairman of the New York State Assembly
Common Council- Legislative
Committee on Corporations, Authorities and Commissions,
That pursuant to §20-12 of the Charter and the Certificate of
has raised "substantial questions" and "the need to avoid a
the Mayor and the Comptroller submitted to the Common
mini-Erie canal here" regarding the Perrysburg proposal and
Council, the sum of $5,000 be and the same is hereby
has instructed the New York State Dormitory to commission
transferred within Common Council Legislative and said sum
a new appraisal of the Perrysburg site; and,
is hereby reappropriated as set forth below:
WHEREAS: In addition to inadequately compensating the
FROM
City of Buffalo for the property, the state agencies
Legislative - Personal Services
overseeing the Perrysburg site are in violation of Section 63
10102001 - 412002 Hourly Salary $5,000
of New York State Buildings Law which states that agencies
TO
of the state must "initiate measures . . . to provide for the
Common Council Legislative
maintenance, thorough preservation, rehabilitation or
10105004 458001 Transportation $1,000
restoration of properties under their jurisdiction that are listed
10105004 - 458002 Meals/Lodging $1,000
on the state reglster;"and,
10109004 - 458001 Transportation $1,250
WHEREAS: The six building J.N. Adam hospital complex,
10109004 - 458002 Meals/Lodging $1,200
built by noted American architect John Hooper Coxhead in
10109004 - 458003 Registration & Membership $ 550
1912, are on the New York State Register of Historic Places;
PASSED
and,
AYES – 7 NOES – 0
WHEREAS: The Dormitory Authority is also in violation of
Section 14.09 of New York State Preservation Law which
NO. 120
states that it is the responsibility of every state agency "to
By: Brian C. Davis
avoid or mitigate adverse impacts to registered property.., on
Subject: Shift of Operation into an Empire
the state register;" and,
Zone
WHEREAS: The Dormitory Authority has wilifidly allowed a
Whereas: Lawley Services, Inc., Liberty Warranty
property in which the City of Buffalo has reversionary interest
Corporation and Lawley Benefits Group, LLC, is relocating
to deteriorate and lose value, and, despite receiving free
its business from 120 Delaware Avenue to 360 Delaware
energy at the site per a 1953 agreement with National Fuel
Avenue; and
Corp., has turned offall heat to the hospital causing damage
Whereas: The relocation is due to the building that the
to the buildings; and,
Lawley Services, Inc., Liberty Warranty Corporation and the
WHEREAS: A State Environmental Quality Review
Lawley Benefit Group, LLC are currently located being
conducted on the Perrysburg property in 1998 did not
condemned by the Federal Government, therefore, having to
include logging, which is the proposed use by the bidder
shi~ there business to 360 Delaware Avenue; and
accepted by the ESDC; and,
Whereas: 360 Delaware Avenue is located within the
WHEREAS: The Old Growth Survey Chart on the
Empire Zone; and
Perrysburg site, as well as recent analysis by a forester from
Whereas: The City of Buffalo recognizes that extraordinary
the State Department of Environmental Conservation (DEC)
circumstances exist to warrant the relocation of Lawley
and a professor from the Department of Biological Sciences
Services, Inc., Liberty Warranty Corporation and Lawley
at Youngstown State University, shows many one-hundred
Benefit Group, LLC into the City of Buffalo Empire Zone and
plus year-old oak, hickory, walnut, maple, black cherry and
supports this action; and
other tree species, many with 90 to 100 foot canopies; and,
Now Therefore Be it Resolved That:
WHEREAS: The New York State Assembly Committee on
That the City of Buffalo consents to the relocation of Lawley
Corporations, Authorities and Commissions cannot at this
Services, Inc., Liberty Warranty Corporation and Lawley
time verify the existence of a recent DEC report on any
Benefit Group, LLC, from 120 Dealware Avenue, Buffalo,
environmental or forestry issues involving the Perrysburg
New York 14202 to 360 Delaware Avenue, Buffalo, New
property; and,
York 14202, located in the Empire Zone
WHEREAS: SEQRA states that "all state agencies conduct
Be It Further Resolved:
their affairs with an awareness that they are stewards of the
That certified copies" of this" resolution" be forwarded to
air, water, land and living resources, and that they have an
Lawley Services, Inc., Liberty Warranty Corporation and
obligation to protect the environment for the use and
Lawley Benefits Group, LLC and the Buffalo Economic
enjoyment of this and all future generations . . . To
Renaissance Corporation.
accomplish this goal, SEQRA requires that all agencies
PASSED
determine whether the actions they directly undertake, fund
AYES – 7 NOES – 0
or approve may have significant impact on the
environment..."and, serving as the President of BERC; and
WHEREAS: The City of Buffalo, which is a creation of the Whereas: Employees who work for the City of Buffalo must
state, has a direct role to play in the disposition of the work five years before vesting in the state pension plan and
Perrysburg property and is an involved entity; must contribute 3% of their salary for ten years towards their
NOW THEREFORE BE IT RESOLVED: pension; and
That the Common Council serve as lead agency for the Whereas: Employees who work for BERC vest in their
environmental review process to be carried out under the pension plan as follows: 1 year 33%, 2 years 67%, and 3
New York State Environmental Quality Review Act (SEQR) years 100%; and
and its implementing regulations (6 NYCRR Part 617) in Whereas: BERC contributes 11.7% of an employees total
connection with the proposed sale of 649 acres of the J.N. salary to their pension plus an additional 4.3% of an
Adam Developmental Center in Perrysburg, New York. employees salary that is over $20,000; and
REFERRED TO THE COMMITTEE ON FINANCE AND THE Whereas: In these difficult times an organization which is a
CORPORATION COUNSEL shadow city agency should not have a pension plan that is
more generous than city employees; and
NO. 122 Now Therefore Be It Resolved
MR. FRANCZYK That in an effort to reduce costs and for equity purposes, the
CITY HALL RECYCLING Common Council supports changing the BERC pension plan
so that it is more in line with the pension plan of city
Whereas: City employees and the general public, when employees.
working in or visiting City Hall, generate a substantial Be It Further Resolved
quantity of recyclable glass, plastic and aluminum That this item is forwarded to an appropriate committee of
containers, scrap paper and cardboard; and the Council for further consideration.
Whereas: City employees also generate a substantial REFERRED TO THE COMMITTEE ON FINANCE, THE
number of small electronic product batteries and computer DIRECTOR OF STRATEGIC PLANNING, HUMAN
printer toner and ink cartridges and; RESOURCES, COMPTROLLER AND THE CORPORATION
Whereas: Nationwide efforts to recycle these items have led COUNSEL
to the establishment of a recycling market since studies have
shown that reuse is more economical than the cost of NO. 124
manufacturing new items using new raw materials; and By: Mr. Golombek
Whereas: These same recycling initiatives have the added Ordinance Amendment
advantages of conserving our nations limited resources Chapter 437, Taxicabs and Liveries
reducing costs by eliminating recycled items and The Common Council of the City of Buffalo does hereby
contaminates from the garbage / refuse / landfill stream; and ordain as follows:
Whereas: An expanded recycling program within City Hall That Chapter 437 of the Code of the City of Buffalo be
will compliment the City's on-going efforts to reduce amended to read as follows
operating costs thereby placing less demand on taxpayer §437-19Taxi Stands
dollars to fund the operation of government and delivery of Name of Street Side Location and Restrictions # of Cabs
services; and Genesee Street South West of Franklin Street 1 O]
Whereas: Many City employees and the general public are It is hereby certified pursuant to Section 3-19 of the Charter
well accustomed to recycling in their homes and when of the City of Buffalo, that the immediate passage of the
visiting businesses and establishments; and foregoing ordinance is necessary.
Whereas: Visitors have noted the absence of recycling APPROVED AS TO FORM
collection containers in the public use areas of City Hall and Matter in brackets to be deleted, matter underlined is new.
City employees have noted the absence of glass plastic, PASSED
aluminum, battery and ink and toner cartridge recycling AYES – 7 NOES – 0
collection containers in the office areas of City Hall; and
The maintenance staff already collects recyclable waste NO. 125
paper products from office areas within City Hall; and MR FONTANA
Whereas: Recycling makes sense and is something that we, RE: Crime Victims Having to Pay Towing Charges
whether employee or visitor, should be doing. Whereas: Section 307-8 and 307-9 of the City Code
Now Therefore Be It Resolved: addresses towing charges; and
That the Commissioner of Public Works is hereby directed to Whereas: According to the City Code if a vehicle is
report to this Council, the cost, impediments and obstacles - towed the owner of the vehicle even if they were not the
if any, and/or a plan operator when the infraction occurred is responsible for
payment of the towing charge; and
to expand recycling efforts by the placement of recycling Whereas: If a person has their vehicle stolen and
collection containers in areas used by the general public and the vehicle is towed, the crime victim owner is responsible
employees within City Hall to facilitate, (in addition to current for paying the towing fee and a per day storage fee charge;
efforts to recycle waste paper), an identical effort for glass, and
plastic, and aluminum containers, cardboard, small Whereas: Charging a crime victim a fee to obtain
electronic batteries, computer printer ink and toner their vehicle back is simply wrong; and
cartridges. Now Therefore Be It Resolved
ADOPTED That the Common Council supports drafting an amended
ordinance to provide that victims of stolen vehicles
No. 123 documented by a police report will not be charged towing
Sponsor: Mr. Golombek, Davis and storage fees.
Buffalo Economic Renaissance Corporation (BERC) Be It Further Resolved
Pension Plan That a copy of this resolution is forwarded to the Law
Whereas: BERC employs approximately twenty people, with Department and Administration & Finance for their response.
Timothy Wannamaker the Director of Strategic Planning Be It Finally Resolved
That this item is referred to an appropriate Committee of the UNFINISHED BUSINESS
Council for further consideration. NO. 129
REFERRED TO THE COMMITTEE ON LEGISLATION, THE Ecology & Environment, 368 Pleasantview Drive, Buffalo
CORPORATION COUNSEL, COMMISSIONER OF Corporate Center,
ADMINISTRATION & COMMISIONER OF ADMISTRATION Lancaster, NY 14086 $41,659.49(Claims)
AND FINANCE (CCP# 62,11/30)
Mr. Coppola moved that the above item be taken from the
NO. 126 table. Seconded by CARRIED
Sponsor: Mrs. Russell Mr. Coppola now moved approval of the above item.
Co-Sponsor Thompson, Davis, Fontana Seconded by
RE: Requiring Businesses to Display Their City PASSED
License AYES – 6 NOES 1
Whereas: The City Code requires some businesses but not Ayes- Bonifacio, Coppola, Davis, Frqanczyk, Golombek and
all located within the City of Buffalo to obtain a license from Russell-6
the Permits & Inspection Department; and Noes- Fontana-1
Whereas: A recent audit by the City Comptroller pointed out
that businesses that are licensed by the City are not required NO. 130
to display their City license in a place easily viewed by the ANNOUNCEMENT OF COMMITTEE MEETINGS
public; and The following meetings are scheduled. All meetings are held
th
Whereas: The City Comptroller's audit recommends that
in the Common Council Chambers, 13floor City Hall,
more physical inspection of licenses should be performed;
Buffalo, New York, unless otherwise noted.
and
Regular Committees
Whereas: Businesses are required to display a sales tax
Committee on Civil Service Tuesday, March 29, 2005 at 9:30
vender permit, information regarding unemployment
o'clock A.M.
insurance and workers compensation; and
Committee on Finance Tuesday, March 29, 2005 at 10:00
Whereas: Requiring businesses to display their City license
o'clock A.M. following Civil Service
may assist enforcement efforts as businesses that have not
Committee on Legislation Tuesday, March 29, 2005 at 2:00
complied with obtaining or renewing a license may be easier
o'clock P.M.
to detect; and
Committee on Comm. Dev. Wednesday, March 30, 2005 at
Now Therefore Be It Resolved
10:30 o'clock A.M.
That the Common Council directs the Law Department to
Committee on Education, Wednesday, March 30, 2005 at
draft a new ordinance requiring city businesses that are
2:00 o'clock PM
licensed by the City to display such license in a place easily
Special Committees
viewed by the public.
(Public Disclaimer): All meetings are subject to change and
Be It Further Resolved
cancellation bv the respective Chairmen of
That this item is referred to an appropriate Committee of the
Council Committees. In the event that there
Council for further consideration.
is sufficient time given for notification, it will be provided. In
REFERRED TO THE COMMITEE ON LEGISLATION AND
addition, there may be meetings set up whereby the City
THE CORPORATION COUNSEL
Clerk's Office is not made aware; therefore, unless we
receive notice from the respective Chairmen, we can only
No. 127
make notification of what we are made aware.
BY: ANTOINE M. THOMPSON
Appointments
NO. 131
Commissioners of Deeds
Adjournment
Required for the Proper
On a motion by Mr. Coppola, Seconded by Mrs. Russell, the
Performance of Public Duties
Council adjourned at 2:50 PM
That the following persons are hereby appointed as
Commissioner of Deeds for The term ending December 31,
2006, conditional upon the persons so appointed certifying
under oath to their qualifications and filing same with the City
of Buffalo
Geraldine Kaczmarz Susan Brennan
Carrie Genovese
Total 3
ADOPTED
NO. 128
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:
Alfred Melchiorre Michael Mordino
Shirley Boyd Kelly Mahoney
Total: 4
ADOPTED