HomeMy WebLinkAbout05-0308
No. 5
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
March 8, 2005
CORPORATION PROCEEDINGS
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
JAMES D. GRIFFIN - SOUTH
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE:
Bonnie E. Russell Chairman, Brian C. Davis, Joseph Golombek Jr.,
Richard A. Fontana-Members
CLAIMS COMMITTEE:
James D. Griffin, 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,
James D. Griffin - 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, James D. Griffin
WHEREAS, the designation and redevelopment of said area will
provide new economic development and job opportunities to the
community at large and will aid in the stabilization of local property tax
COMMON COUNCIL
rolls and provide a framework for public and private reinvestment
CITY HALL - BUFFALO
within the area; and
TUESDAY, MARCH 8, 2005
WHEREAS, a public hearing on the matter was held upon due notice
AT 2:00 P.M.
before the City Planning Board in City Hall Room 901 on September
28, 2004 at 8:00 a.m., at which the proposed site designation was
PRESENT – David A. Franczyk, President of the Council, and
presented and explained in detail, and those desiring to be heard were
Council Members Bonifacio, Coppola, Fontana, Golombek Griffin,
heard,
Russell and Thompson – 8
NOW THEREFORE BE IT RESOLVED, that we the duly appointed
members of the City Planning Board of and for the City of Buffalo, do
ABSENT - Davis - 1
hereby report to the Common Council and certify our unqualified
approval of the site designation of the above described Genesee
On a motion by Mr. Coppola seconded by Mr.Fontana,
Village as being of substandard conditions that impairs the growth and
the minutes of the stated meeting held on February 22, 2005 were
development of the area, as defined in Subdivision 3 of Section 502,
approved.
Article 15 of the New York State Municipal Law and do hereby
FROM THE MAYOR
designate the area, pursuant to Section 504, Article 15 of the New
York State General Municipal Law, as being appropriate for Urban
NO. 1
Renewal treatment; and
Appointment of Member to the
BE IT FURTHER RESOLVED, that, the Coordinator of the Office of
Buffalo Environmental Management Commission
Strategic Planning is hereby directed and authorized to prepare an
Pursuant to the powers vested in me by Section 18-51 of the Charter
Urban Renewal Plan for the long term, comprehensive redevelopment
of the City of Buffalo, as amended, I hereby appoint the
of the designated Genesee Village Project Area.
following individual as a member of the Buffalo Environmental
AYES: Messrs. Manuele, Gioia, Lyons, Morrell, & Burns, Ms.
Management Commission for a term commencing immediately
Schwartz, Ms. Hoyt
and will expire February 16, 2007.
NAYS: None
Appointment
ABSENT: None
Frank J. Armeuto, AICP 325 St. Lawrence Avenue Buffalo, 14216
REFERRED TO THE COMMITTEE ON COMMUNIT DEVELOPMENT
Frank J. Armento is a Senior Urban Planner in the Buffalo Office of
URS Corporation. Mr. Armento previously worked as a Senior
NO. 3
Environmental Analyst with Hodgson Russ LLP.
Council Resolution 139
Mr. Armento received a Master's (MUP), Urban Planning at SUNY at
INFO-BLOCK GRANT
Buffalo in 1997 and a BA in Geography at SUNY College at Buffalo in
Please accept the attached document as a response to the Common
1989. Mr. Armento is being appointed to fill the vacancy created by the
Council regarding Resolution 139.
resignation of Kevin Matheis.
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
I hereby certify that the above named individual is fully qualified
REFERRED TO THE COMMITTEE ON COMMUNITY
for appointment to the Buffalo Environmental Management
DEVELOPMENT
Commission.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE
NO. 4
DIVISION OF COLLECTIONS
Results of Negotiations
1459 Genesee, 35.92' E Ivy
Vacant Lot: 31' x 110'
FROM THE MAYOR - EXECUTWE DEPARTMENT
Assessed Valuation: $ 2,800
The Office of Strategic Planning, Division of Real Estate has received
FROM THE DEPARTMENT OF STRATEGIC PLANNING
a request to purchase 1459 Genesee Street from Pastor Kenneth
Wilkerson on behalf of First Timothy Missionary Baptist Church of
NO. 2
Buffalo, New York, 1467 Genesee Street, Buffalo, New York 14211.
Erie Canal Harbor Project Amendment
They intend to purchase the vacant lot for the completion of expansion
Erie Canal Harbor Project Area
of their church.
Planning Board Approval
The Division of Permit and Inspection Services and the Division of
The City Planning Board at it's meeting on March 1, 2005 adopted the
Collections have no objections to the sale. There are no building code
following Amendment to the Erie Canal Project area as appropriate for
violations, taxes or other liens owed to the City of Buffalo by the
Urban Renewal Treatment. Ms. Schwartz offered the resolution,
purchaser.
seconded by Mr. Lyons and moved for its adoption:
The Division of Real Estate has investigated the sale of similar
We, the duly appointed members of the City of Buffalo Planning Board,
commercial vacant lot properties in the subject area. Sales prices
acting in with Section 504, Article 15 of the General
accordance
range from one dollar and twenty-four cents ($1.24) to three dollars
Municipal Law of New York State, do this 1st day of March, 2005 adopt
and fifty cents ($3.50) per square foot.
the following resolution:
The results of our negotiations are that the purchaser has agreed and
WHEREAS, the Office of Strategic Planning has recommended that
is prepared to pay four thousand two hundred dollars ($4,200), which
the Erie Canal Harbor Project area, consisting of all that tract of land
is one dollar and twenty-four cents ($1.24) a square foot for the parcel.
situated within the area generally bounded by the overall Waterfront
They have also agreed to pay for the cost of the transfer tax, recording
Project boundaries, New York State Thruway on the north, Washington
fees and cost of the legal description.
Street on the east, the Buffalo River on the south & Erie Street on the
I am recommending that Your Honorable Body approve the sale of
west, be designated for the elimination of existing signs of blight, slum
1459 Genesee Street to Pastor Kenneth Wilkerson on behalf of First
and substandard conditions which tends to impair the sound growth
Timothy Missionary Baptist Church of Buffalo, New York in the amount
and development of the municipality, and the Area be designated as
of four thousand two hundred dollars ($4,200). I am further
appropriate for Urban Renewal treatment; and
recommending that the Corporation Counsel prepare the necessary
WHEREAS, the designation of said area will allow for the systematic,
documents for the transfer of title and that the Mayor be authorized to
long term re-planning, reinvestment and redevelopment of the area;
execute the same.
and
Mr. Coppola moved: The Department of Permit and Inspection Services and the Division of
That the above communication from the Office of Strategic Planning, Collections have been contacted. There are no property code
Division of Real Estate, dated March 1, 2005, he received and filed; violations, taxes or other liens owed to the City of Buffalo by the
and homesteader.
That the offer from Pastor Kenneth Wilkerson on behalf of First We, therefore, recommend the City-owned vacant lot be designated as
Timothy Missionary Baptist Church of Buffalo, New York, 1467 a Homestead Property and be transferred to Ms. Lucille Edwards on
Genesee Street, in the sum of one four thousand and two hundred the condition the property is cleaned and improved within six (6)
dollars ($4,200.00) for the purchase of 1459 Genesee Street, be and months and maintained in a sanitary manner.
hereby is accepted; and Mr. Coppola moved:
That the appraisal requested by the City of Buffalo shall be paid by the That the above communication from the Office of Strategic Planning
purchaser; dated March 1, 2005, be received and filed; and
That the transfer tax, recording fees and cost & legal description shall That the city-owned property commonly known as 109 Ivy Street, is
be paid by the purchaser; and hereby designated as Homestead Property, and that the Mayor be,
That the Corporation Counsel be authorized to prepare the necessary and he hereby is authorized to execute a deed transferring said
documents for the transfer &title and that the Mayor be authorized to property to Ms. Lucille Edwards, residing at 113 Ivy Street, for the
execute the same, in accordance with the terms of sale upon which the amount of One Dollar ($1.00) and no more, and all costs of transfer, on
offer was submitted. the condition the property is cleaned and improved within six (6)
PASSED months and maintained in a sanitary manner.
AYES- 8 NOES - 0 PASSED
AYES – 8 NOES – 0
NO. 5
Transfer of Title NO. 7
Urban Homestead Program Transfer of Title
222 Bristol Street Urban Homestead Program
(City-Owned Vacant Lot, 25' x 116') 217 Loepere Street
(City-Owned Vacant Lot, 30'x 108')
The Office of Strategic Planning, Division of Real Estate, has surveyed The Office of Strategic Planning, Division of Real Estate, has surveyed
the City-owned vacant lot at 222 Bristol Street, Buffalo, New York, the City-owned vacant lot at 217 Loepere Street, Buffalo, New York,
parcel is 25' x 116' in dimension; and it has been determined this parcel is 30' x 108' in dimension; and it has been determined this
parcel is inappropriate for either the construction of new housing or parcel is inappropriate for either the construction of new housing or
needed for public purpose. needed for public purpose.
Ms. Lila Samuel owns and resides at 220 Bristol Street, Buffalo, New Mr. Americo Eilenfeldt owns and resides at 376 Sweet Avenue,
York 14206. Ms. Samuel will clean, improve and maintain the lot at 222 Buffalo, New York 14211. 217 Loepere is abutting in the rear of his
Bristol Street in the event she obtains title to the property under the property. Mr. Eilenfeldt will clean, improve and maintain the lot at 217
Urban Homestead Program. Loepere Street in the event he obtains title to the property under the
The Department of Permit and Inspection Services and the Division of Urban Homestead Program.
Collections have been contacted. There are no property code The Department of Permit and Inspection Services and the Division of
violations, taxes or other liens owed to the City of Buffalo by the Collections have been contacted. There are no property code
homesteader. violations, taxes or other liens owed to the City of Buffalo by the
We, therefore, recommend the City-owned vacant lot be designated as homesteader.
a Homestead Property and be transferred to Ms. Lila Samuel on the We, therefore, recommend the City-owned vacant lot be designated as
condition the property is cleaned and improved within six (6) months a Homestead Property and be transferred to Mr. Americo Eilenfeldt on
and maintained in a sanitary manner. the condition the property is cleaned and improved within six (6)
Mr. Coppola moved: months and maintained in a sanitary manner.
That the above communication from the Office of Strategic Planning Mr. Coppola moved:
dated March 1, 2005, be received and filed; and That the above communication from the Office of Strategic Planning
That the city-owned property commonly known as 222 Bristol Street, is dated March 1, 2005, be received and filed; and
hereby designated as Homestead Property, and that the Mayor be, That the city-owned property commonly known as 217 Loepere Street,
and he hereby is authorized to execute a deed transferring said is hereby designated as Homestead Property, and that the Mayor be,
property to Ms. Lila Samuel, residing at 220 Bristol Street, for the and he hereby is authorized to execute a deed transferring said
amount of One Dollar ($1.00) and no more, and all costs of transfer, on property to Mr. Americo Eilenfeldt, residing at 376 Sweet Avenue, for
the condition the property is cleaned and improved within six (6) the amount of One Dollar ($1.00) and no more, and all costs of
months and maintained in a sanitary manner. transfer, on the condition the property is cleaned and improved within
PASSED six (6) months and maintained in a sanitary manner.
AYES- 8 NOES – 0 PASSED
AYES – 8 NOES – 0
NO. 6
Transfer of Title NO. 8
Urban Homestead Program Transfer of Title Urban Homestead
109 Ivy Street Program From City of Buffalo to Habitat for
(City-Owned Vacant Lot, 30' x 109') Humanity
The Office of Strategic Planning, Division of Real Estate, has surveyed Improved Property 114 Hamlin
the City-owned vacant lot at 109 Ivy Street, Buffalo, New York, parcel The Office of Strategic Planning, Division of Real Estate has received
is 30' x 109' in dimension; and it has been determined this parcel is a request from Habitat for Humanity, Buffalo, to acquire 114 Hamlin.
inappropriate for either the construction of new housing or needed for They will acquire and completely renovate the home in accordance
public purpose. with all historic and preservation standards imposed by the City of
Ms. Lucille Edwards owns and resides at 113 Ivy Street, Buffalo, New Buffalo Planning and Preservation Boards. The home will be marketed
York 14211. Ms. Edwards will clean, improve and maintain the lot at to low/mod first time home buyers.
109 Ivy Street in the event she obtains title to the property under the The property is improved with an 1,826 square foot single family frame
Urban Homestead Program. home in fair condition, situated on a lot 38 x 105. The property is
located in the Hamlin Park Preservation District. That the above communication from the Office of Strategic Planning
The Office of Strategic Planning, Division of Real Estate has surveyed dated March 8, 2005, be received and filed; and
the city owned improved property mentioned above. It has been That the city-owned property commonly known as 160 Clark and 103
determined this parcel is not needed for public purpose or future Sweet, are hereby designated as Homestead Property, and that the
development. Mayor be, and he hereby are authorized to execute a deed transferring
The transfer of title will be subject to compliance with all rules and said property to Lt. Col. Matt Urban Human Services Center of WNY,
regulations governing eligibility and use of HOME Funds since HOME for the amount of One Dollar ( $1.00) and no more, and all costs of
Funds have been used to repair the exterior of the property. transfer, on the following conditions:
The Division of Permit and Inspection Services and Division of 1. The specified structure to be rehabilitated within twelve (12)
Collections have been contacted. There are no property code months:
violations, taxes or other liens owed to the City of Buffalo by the 2. The structure be occupied by low/mod income buyer;
homesteader. 3. And the purchaser reside in their new home for a period of not
We, therefore, recommend the city owned property be designated as a less than ten (10) years.
Homestead Property and be transferred to Habitat for Humanity for PASSED
One Dollar ($1.00) plus transfer and recording fees on the following AYES – 8 NOES - 0
conditions: 1) the specified structure to be rehabilitated within twelve
(12) months; 2) the structure be occupied by Iow/mod income buyer; 3) FROM THE COMPTROLLER
and the purchaser reside in their new home for a period of not less NO. 10
than ten (10) years. MAYOR
Mr. Coppola moved: CERTIFICATE OF NECESSITY
That the above communication from the Office of Strategic Planning CAPITAL BUDGET AMENDMENT
dated March 8, 2005, be received and filed; and Authorization for Additions to the 2005 Capital Budget and
That the city-owned property commonly known as 114 Hamlin, is Rescission of previously Authorized Capital Indebtedness in 2004
hereby designated as Homestead Property, and that the Mayor be, We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo,
and he hereby is authorized to execute a deed transferring said Comptroller, do hereby certify, pursuant to §20-28 of the Charter, that
property to Habitat for Humanity, for the amount of One Dollar ($1.00) it is necessary to authorize an increase in indebtedness for the 2005
and no more, and all costs of transfer, on the following conditions: Capital Projects Program, provided by the Common Council prior to
The specified structure to be rehabilitated within twelve (12) months; January 1, 2005 for the ensuing fiscal year and the rescission of a
The structure be occupied by low/rood income buyer; previously approved bond sale in 2004, by adding and rescinding the
And the purchaser reside in their new home for a period of not less following items:
than ten (10) years. Additions to the 2005 Capital Budget
PASSED Capital Projects - Public Works – Engineering $1,250 000
AYES- 8 NOES – 0 Infrastructure Improvements
Capital Projects - Public Works - Buildings
NO. 9 Improvements to City owned buildings $1, 525 000
Transfer of Title Urban Homestead Capital Projects - Public Works - Streets
Program From City of Buffalo to Lt. Col. Purchase of New Snow Plows $1 000 000
Matt Urban Human Services Center of WNY Strategic Planning - Environmental Remediation
Improved Properties at 160 Clark and 103 Rescission to the 2004 Capital Budget
Sweet Firehouse Acquisition/Construction (3) (Authorized but Unissued)
The Office of Strategic Planning, Division of Real Estate has received Dated: Buffalo, NY, February 17, 2005
a request from the Lt. Col. Matt Urban Human Services Center of RECEIVED AND FILED
WNY, to acquire 160 Clark and 103 Sweet. They will acquire and
completely renovate the homes in accordance with standards imposed
by the City of Buffalo Planning Board The home will be marketed to NO. 11
low/mod first time home buyers. CERTIFICATE OF NECESSITY
The property at 160 Clark is improved with a 1,389 square one family CAPITAL BUDGET AMENDMENT
frame home in fair condition, situated on a lot 30 x 90. The property at AUTHORIZATION FOR ADDITIONAL CAPITAL INDEBTEDNESS
103 Sweet is improved with a two family 1,796 square foot home, We, Anthony M. Masiello, Mayor and Andrew A.
situated on a lot 30 x 100 in fair condition. The properties are located in SanFilippo,Comptroller, do hereby certify, pursuant to §20-28 of the
the Fillmore Council District. Charter, that it is necessary to authorize an increase in indebtedness
The Office of Strategic Planning, Division of Real Estate has surveyed for Capital Projects Program, provided by the Common Council prior to
the city owned improved properties mentioned above. It has been January 1, 2005 for the ensuing fiscal year, by adding the following
determined these parcel are not needed for public purpose or future item:
development. Capital Projects $800,000
The transfer of title will be subject to compliance with all rules and Public Works - WiFi Corridors
regulations governing eligibility and use of HOME Funds since HOME Dated: Buffalo, NY, March 2, 2005
Funds have been used to repair the exterior of the property. RECEIVED AND FILED
The Division of Permit and Inspection Services and Division of
Collections have been contacted. There are no property code NO. 12
violations, taxes or other liens owed to the City of Buffalo by the CERTIFICATE OF NECESSITY
homesteader. TRANSFER OF FUNDS
We, therefore, recommend the city owned property be designated as a BUILDINGS
Homestead Property and be transferred to Lt. Col. Matt Urban Human We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo,
Services Center of WNY for One Dollar ($1.00) plus transfer and Comptroller, do hereby certify, pursuant to §20-12 of the Charter, that it
recording fees on the following conditions: 1 ) the specified structure to is necessary that the sum of $32,000 be transferred and
be rehabilitated within twelve (12) months; 2) the structure be occupied reappropriated within Engineering, as set forth below:
by low/mod income buyer; 3) and the purchaser reside in their new From
home for a period of not less than ten (10) years Engineering – Traffic $32,000
Mr. Coppola moved: 13191007 - 474200 Capital – Vehicles $32,000
To RECEIVED AND FILED
Engineering - Repair & Const. Public Improvements 13111007 -
474200 Capital - Vehicles NO. 16
Dated: Buffalo, NY, March 7, 2005 CERTIFICATE OF NECESSITY
RECEIVED AND FILED TRANSFER OF FUNDS
GENERAL CITY CHARGES - NYSPFRS
NO. 13 VARIOUS
CERTIFICATE OF NECESSITY We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo,
TRANSFER OF FUNDS Comptroller, do hereby certify, pursuant to §20-12 of the Charter, that
COMMON COUNCIL - LEGISLATIVE it is necessary that the sum of $1,854,129 be transferred from General
We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo, City Charges -NYSPFRS and reappropriated, as set forth below:
Comptroller, do hereby certify, pursuant to §20-12 of the Charter, that From
it is necessary that the sum of $2,900 be transferred and General City Charges $1,854,129
reappropriatcd within Common Council Legislative, as set forth below: 17303002-423002 NYSPFRS
From To
Common Council 12553006-432003 Human Resources - Legal $85,000
Legislative - Councilmember 3 10546006-432003 Law - Legal $199,500
10104001 - 411001 Annual Salaries $2,900 10546006-480000 Law - Other - Title Search $25,000
To 17221008-480205 Judgement & Claims $1,279,629
Common Council Legislative 10647005-461001 Assessment - Office Supplies $100,000
10102001- 412002 Hourly Salary $2,900 11781005-465001 Inv & Stores - Auto Supplies Total $150,000
Dated: Buffalo, NY, March 7, 2005 11781005-465002 Inv & Stores - Tires & Tubes $15,000
RECEIVED AND FILED TOTAL $1,854,129
Dated: Buffalo, NY, February 17, 2005
NO. 14 RECEIVED AND FILED
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION NO. 17
RESERVE FOR CAPITAL OUTLAY INTERFUND CASH LOAN
CITY CLERK Certain Federal and State aided programs require a cash advance until
We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo, the program is operating and reimbursement is received.
Comptroller, do hereby certify pursuant to §20-11 of the Charter, that I have reviewed the program listed below and determined the cash
an increase in the sum of $10,000 in the estimate for the fiscal year needs to be warranted. I have approved an interfund cash loan to be
beginning July 1, 2004 is necessary in Appropriation Allotments for made in the maximum amount of $300,000 as needed subject to your
Capital Outlay in the office of the City Clerk as indicated below, to meet approval and receipt of signed grant document from New York
a contingency which could not have been reasonably foreseen when Department of Environmental Conservation. Loan is payable at date of
the budget was adopted. The amount of increased appropriation will be reimbursement.
met from the Reserve for Capital Budget - 10700096 - 397200 not FROM: 100-General Fund
otherwise appropriated for any other purpose. The details of the TO: 3153-Capital Projects Fund
requirements are set forth below: GRANT TITLE: City of Buffalo - Boone Park #C302614
To GRANT AGENCY: New York State Department of Environmental
10220007-397200 City Clerk- Equipment $10,000 Conservation
Dated: Buffalo, NY, February 17, 2005 GRANT AMOUNT: $675,000
RECEIVED AND FILED LOAN AMOUNT: $300,000
Estimated Date of Repayment: September 30, 2005
NO. 15 Mr. Coppola moved
CERTIFICATE OF NECESSITY That the above communication from the Comptroller dated March 2,
INCREASED APPROPRIATION 2005, be received and filed; and
FUND BALANCE That the Comptroller be, and he hereby is authorized to make an
CAPITAL PROJECTS interfund cash loan from the 100-General Fund to the 3153-Capital
We, Anthony M. Masiello, Mayor and Andrew A. SanFilippo, Projects Fund in the amount of $300,000 for City of Buffalo - Boone
Comptroller, do hereby certify, pursuant to §20-11 of the Charter, that Park #C302614. The loan is payable at date of reimbursement.
an increase in the sum of $88,000 in the estimate for the fiscal year PASSED
beginning January 1, 2005 is necessary in Capital Improvements to AYES - 8 NOES - 0
meet a contingency which could not have been reasonably foreseen
when the budget was adopted. The increase is needed for the NO. 18
acquisition of land for a firehouse as detailed below. The amount of LICENSE DIVISION
increased appropriations will be met from the Unreserved/Designated DEPT. OF LICENSE AND INSPECTIONS
Fund Balance for Reengineering Agreements. The details of the 1.The safeguarding of assets (cash) is not well controlled and could
requirements are set forth below: lead to misappropriations of funds
From: a. Cash and checks are kept in a drawer, not in a teller cage, and are
10700096 - 397000 Unreserved/Designated Balance for accessible to several individuals at any given time. As such,
Reengineering Agreements $88,000 responsibility for any missing funds would not be ascertainable. b.
To: Physical safeguards for cash are not present. c. Physical safeguards of
17523008 - 489130 Transfer out to Capital Project $88,000 employees are not secure either in the division or en-route
From: to Treasury area tellers.
17523008 - 489130 Transfer out to Capital Project $88,000 "Deposit of Receipts Intact on a Daily Basis" is a sound accounting
To: control principle that was not adhered to. Undeposited checks were
30062306 - 445160 Elmwood/Hertel Fire House Acquisition & uncovered during the audit.
Construction $88,000 There is a lack of segregation of duties with several persons handling
Dated: Buffalo, NY, February 24, 2005 cash. The same employee handles the cash and records and
MAYOR'S 2005 CAPITAL BUDGET RECOMMENDATION AND
FIVE-YEAR PLAN.
reconciles the revenue for particular types of licenses. This does not
I would like to take this time to offer my comments on the mayor's
allow for control of cash or control over the particular license process.
capital budget proposal that was submitted to the Common Council on
4. The lack of reconciliations between the two systems leads to
Nov. 1. The City Charter invites my comment, and I am exercising that
incorrect financial record keeping. The differences must be resolved.
option at this time to provide assistance to the process.
Documentation is missing or is incomplete in a sample of cases
As you know, I imposed a capital debt moratorium in 2002-2003 to
examined. Audit was, therefore, unable to validate that the
underline my concerns over the growing burden, but as you also know,
qualifications exist for the licensee or that the correct amount was
the BFSA approved a capital debt sale significantly less than the one
charged for the licenses.
recommended by the city in 2003-20004.
6. Missing documentation of original license information because of
For 2005, I continued to support fiscal discipline to the Citizen's
retention practices.
Planning Council, recommending a capital debt cap for city projects of
There appears to be too many categories of licenses given the number
$25.9 million and of $5.5 million for schools, numbers consistent with
and dollar values for the City to reasonably monitor.
my Capital Budget/Debt Management Policy. The Planning Council
Field inspection for license verification by the audit team in two
initially recommended $29,675,000, of which $3.5 million was for
geographic areas of the City revealed discrepancies at two businesses
schools. The mayor, after consultations with the Planning Council,
with exceptions to the license process.
reduced the recommended sale to $15,985,000, of which $1.5 million
Summary of Recommendations - Licenses Audit
is for schools.
1. The assets need to be safeguarded. The Licenses division should
I believe the mayor's recommendation is consistent with my debt
implement the policies and procedures in place in the Permits division.
management policy even though I felt there was room for a slightly
Their permit process authorization is based on the charter and policies.
more ambitious sale at this time, given the need to move forward on
Once the permit is deemed eligible, an invoice is produced by the
important projects that impact on our quality of life and stimulate our
Permit system (HANSEN). The individual proceeds to the Treasury
economic recovery. However, I do support the recommendations as
area where they pay the fee to a teller, who then prints the original
submitted by the executive.
permit for display at their job site (or business location in the case of
My goal continues to be the rapid recovery of debt capacity for the city
the licenses). This precludes the need to have cash in any Permits
that will help our Wall Street credit rating, and ensure continued market
drawer that can be accessed by numerous individuals and eliminates
access.
the safety factor of carrying the receipts to Treasury.
RECEIVED AND FILED
2. Receipts should be deposited intact daily. This reduces the risk for
misappropriation of assets.
NO. 20
3. Reconciliations must be done ira formal policy and process or an
CERTIFICATE OF APPOINTMENT
interface is not implemented. The risk is that licenses may be issued,
Appointment Effective: In the Department of Audit and Control, Division
but the correct amount of revenue from the license is not collected.
of Comptroller
The general ledger records only that which has been received through
to the Position of Special Assistant to the Comptroller Exempt
the Treasury function. There is no comparison to what they expect to
Appointment at the Maximum Starting Salary of: $ 52,020
collect based on the licenses issued in the system. The steps needed
Michelle Frazer, 439 Colvin Ave ,Buffalo, NY 14216
in a reconciliation are:
Mr. Coppola moved that the Exempt appointment of Michelle Frazer is
4. An interface was developed in M.I.S. between the PEEK system and
hereby approved
the MUNIS system but never installed. This needs to be done and at
PASSED
this time is being tested for implementation. This would eliminate the
AYES - 8 NOES - 0
need to reconcile the two systems; however, we would advise that the
FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION
systems be agreed to each other on a monthly basis.
5. A documentation/filing system review needs to be initiated. Each
NO. 21
license category has its unique filing and retention methods. There is
REQUEST FOR ASSISTANCE IN
also no interrelationship developed among the various licenses and
CREATING A BUFFALO COMMUNITY
their licensees. A person filing multiple license applications may have
ENRICHMENT FUND
one filed by location of the business, and other(s) by owner or
RES #142 CCP 2/8/05
proprietor. The retention process does not always include the original
This is in response to the Resolution sponsored by North District
application so an employee does not know if there are conditions that
Councilmember, Antoine M. Thompson, concerning the Council's
were not met or have lapsed or if other requirements exist (such as
Resolution No. 142, adopted February 8, 2005, requesting assistance
financials, etc.).
in creating a Buffalo Community Enrichment Fund. I have reviewed Mr.
6. More physical inspection of licenses should be performed. The
Thompson's Resolution, and believe it is a very good idea.
inspection of licensee businesses may be tested by physically visiting
In order to implement this idea, there would have to be a concerted
all businesses in a commercial strip or using property records compare
effort by Treasury, Accounting, Audit and MIS to set up the various
the addresses and owners to the license database. Any lost revenues
accounts. Additionally, there has to be a field created in the
would be uncovered. The advantage of the visit is that the business
appropriate account receivable. The function of the Department of
may have changed and more licenses may be identified.
Assessment and Taxation would be to merely include the donation
Management must be accountable to follow up on outstanding issues
option on the tax bill, however, as far as disbursing the funds and
as a result of the prior audit We recommended in the prior audit that a
providing a monthly update is concerned, this aspect must be the
reconciliation be performed and no action was taken. In fact, the
function of the Treasury Department. Further mechanics will need to
manual reconciliation was discontinued and no system interface was
be worked out among all the concerned Departments.
implemented for over a year. An interface between the two systems
Please note that if the Council wishes to implement this process for
has been written and tested, but its implementation for December 2004
fiscal year 2005-2006 effective July 1, 2005, any such process must be
was delayed again.
in place by May 1, 2005 to ensure timely delivery of the tax bill on July
Field inspection for license verification by the audit team in two
1.
geographic areas of the City revealed discrepancies at two businesses
I also recommend that this item be referred to the Accounting, Audit
with exceptions to the license process.
and MIS departments for their input and recommendations concerning
REFERRED TO THE COMMITTEE ON FINANCE
implementation of this idea.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 19
FROM THE COMMISSIONER OF PUBLIC WORKS (ELLICOTT DISTRICT)
PERMISSIVE PARKING - INSTALL
NO. 22 In conformity with Section 49 of Chapter 479 of the Ordinances of the
NOTIFICATION SERIAL # 9995 City of Buffalo, the City Engineer hereby notifies Your Honorable Body
REPEAL METERED PARKING of this action supplementing, amending, or repealing existing
ON ELLICOTT STREET, WEST SIDE provisions of Chapter 479 of the Ordinances, as stated below, to be
BETWEEN E. TUPPER STREET effective forty five days atter the first Council meeting at which they
AND ST. MICHAEL'S PLACE appear on the agenda as an item business.
(EXCLUDING EXISTING NO PARKING That that part of Subdivision 27 Section 15 of Chapter 479 of
AND NO STANDING AREAS) Ordinances of the City of Buffalo be supplemented by adding thereto
(ELLICOTT DISTRICT) the following: METERED PARKING
PERMISSIVE PARKING - REPEAL Metered Parking Locations Period of Metered Parking Rate of
In conformity with Section 49 of Chapter 479 of the Ordinances of the Metered Parking
City of Buffalo, the City Engineer hereby notifies Your Honorable Body Ellicott Street, west side 2 Hour Parking Rate C
of this action supplementing, amending, or repealing existing between a point 120' north of 8:00 am to 5:00 pm $1.00 per
provisions of Chapter 479 of the Ordinances, as stated below, to be hour
effective forty five days after the first Council meeting at which they St. Michael's Place and Monday - Friday
appear on the agenda as an item business. St. Michael's Place
That that part of Subdivision 27 Section 15 of Chapter 479 of (excluding existing No Parking
Ordinances of the City of Buffalo be supplemented by repealing and No Standing areas)
therefrom the following: METERED PARKING This action is being taken in order to provide for short term metered
Metered Parking Locations Period of Metered Parking Rate of parking in the vicinity of the new Washington Market. (see previous 2
Metered Parking serials)
Ellicott Street, west side between 10 Hour Parking Rate D
E. Tupper Street and St. Michael's Place 7:00 am to 5:00 pm $2.00 NOTIFICATION SERIAL # 9998
per day PERMISSIVE PARKING - REPEAL
(excluding existing No Parking and No Standing ON COURT STREET, SOUTH SIDE
areas) Monday - Friday BETWEEN SEVENTH STREET
This action is being taken in order to provide for short term metered AND SOUTH ELMWOOD AVENUE
parking in the vicinity of the new Washington Market. (see next 2 (ELLICOTT DISTRICT)
serials) PERMISSIVE PARKING - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
NOTIFICATION SERIAL # 9996 City of Buffalo, the City Engineer hereby notifies Your Honorable Body
INSTALL METERED PARKING of this action supplementing, amending, or repealing existing
ON ELLICOTT STREET, WEST SIDE provisions of Chapter 479 of the Ordinances, as stated below, to be
BETWEEN E. TUPPER STREET effective forty five days after the first Council meeting at which they
AND A POINT 120' NORTH OF ST. MICHAEL'S PLACE appear on the agenda as an item business.
(EXCLUDING EXISTING NO PARKING That that part of Subdivision 25 Section 15 of Chapter 479 of
AND NO STANDING AREAS) Ordinances of the City of Buffalo be supplemented by repealing
(ELLICOTT DISTRICT) therefrom the following: PERMISSIVE PARKING
PERMISSIVE PARKING - INSTALL PERMISSIVE PARKING LOCATION PERIOD OF PERMISSIVE
In conformity with Section 49 of Chapter 479 of the Ordinances of the PARKING - DAILY
City of Buffalo, the City Engineer hereby notifies Your Honorable Body Court Street, south side 2 Hour Parking
of this action supplementing, amending, or repealing existing between Seventh Street 7:00 am to 7:00 pm
provisions of Chapter 479 of the Ordinances, as stated below, to be and South Elmwood Avenue Except Sunday
effective forty five days after the first Council meeting at which they This action is being taken in conjunction with the Downtown Buffalo
appear on the agenda as an item business. Parking Infrastructure Task Force study to provide more user-friendly
That that part of Subdivision 27 Section 15 of Chapter 479 of on-street parking in Downtown Buffalo.
Ordinances of the City of Buffalo be supplemented by adding thereto
the following: METERED PARKING Notification Serial # 9999
Metered Parkinn Locations Period of Metered Parking Rate of INSTALL METERED PARKING
Metered Parking ON COURT STREET, SOUTH SIDE
Ellicott Street, west side BETWEEN SEVENTH STREET
between E. Tupper Street 10 Hour Parking AND SOUTH ELMWOOD AVENUE
and a point 120' north of 7:00 am to 5:00 pm (EXCLUDING EXISTING NO PARKING
St. Michael's Place Monday - Friday AND NO STANDING AREAS)
(excluding existing No Parking (ELLICOTT DISTRICT)
and No Standing areas) PERMISSIVE PARKING - INSTALL
Rate D $2.00 per day In conformity with Section 49 of Chapter 479 of the Ordinances of the
This action is being taken in order to provide for short term metered City of Buffalo, the City Engineer hereby notifies Your Honorable Body
parking in the vicinity of the new Washington Market. (see previous of this action supplementing, amending, or repealing existing
and next serials) provisions of Chapter 479 of the Ordinances, as stated below, to be
effective forty five days atter the first Council meeting at which they
NOTIFICATION SERIAL # 9997 appear on the agenda as an item business.
INSTALL METERED PARKING That that part of Subdivision 27 Section 15 of Chapter 479 of
ON ELLICOTT STREET, WEST SIDE Ordinances of the City of Buffalo be supplemented by adding thereto
BETWEEN A POINT 120' NORTH OF ST. MICHAEL'S PLACE the following: METERED PARKING
AND ST. MICHAEL'S PLACE Metered Parking Locations Period of Metered Parking Rate of
(EXCLUDING EXISTING NO PARKING Metered Parking
AND NO STANDING AREAS) Court Street, south side 2 Hour Parking Rate C
between Seventh Street 8:00 am to 5:00 pm $1.00 per hour 3275 N Benzing Road
and South Elmwood Avenue Monday - Friday Orchard Park, NY 14127
(excluding existing No Parking I hereby certify that the lowest responsible bidder for the above project
and No Standing areas) is Accent Stripe, Inc. and I respectfully recommend that Your
This action is being taken in conjunction with the Downtown Buffalo Honorable Body authorize a contract award to Accent Strip, Inc. in the
Parking Infrastructure Task Force study to provide more user-friendly amount of $117,051.00. (Base Bid of $106,410.00 + [10% unit price
on-street parking in Downtown Buffalo. increases] $10,641.00 equals [Total Award] $117,051.00.) Funds for
this project are
NOTIFICATION SERIAL # 10000 Available in our Capital Account #30032106-445100. The engineer’s
INSTALL ONE-WAY STREET DIRECTION estimate for this work is $100,000.00.
PHELPS STREET - EASTBOUND Mr. Coppola moved:
FROM HALBERT STREET That the above communication from the Commissioner of Public
TO FILLMORE AVENUE Works,
(MASTEN DISTRICT)
ONE-WAY STREET DIRECTION - INSTALL NO. 25
In conformity with Section 49 of Chapter 479 of the Ordinances of the Change in Contract
City of Buffalo, the City Engineer hereby notifies Your Honorable Body Historical Society
of this action supplementing, amending, or repealing existing Exterior Restoration
provisions of Chapter 479 of the Ordinances, as stated below, to be 1901 Pan-Am Expo Building
effective forty five days atter the first Council meeting at which they Job #0411
appear on the agenda as an item business. North District
That that part of Section 22 of Chapter 479 of Ordinances of the City of I hereby submit to Your Honorable Body the following changes for the
Buffalo be supplemented by adding thereto the following: ONE WAY Historical Society, Exterior Restoration, 1901 Pan-Am Expo Building,
STREET DIRECTION Landmark Construction, C #92010878.
NAME OF STREET DIRECTION OF TRAFFIC MOVEMENT 1. Stone cutting 64 pieces. Add $11,644.42
Phelps Street from Eastbound 2. Additional mortar. Add $ 2,628.38
Halbert Street to 3. Omit rebuild of retaining wall and 2 cheekwalls flanking the
Fillmore Avenue Bicycle Room entrance. Deduct $19,993.51
9996-9999 Waive 45 Days 4. Remove concrete sub base at service entrance drive to provide
10,000 No Waiver new asphalt drive. Add $ 1,656.75
RECEIVED AND FILED 5. Remove marble stone panels bonded to
concrete foundation wall. Add $12,864.64
NO. 23 6. Over dig at Stair 5. Add $ 3,691.07
Report of Bids 7. Paver walkway at NE Terrace. Add $ 2,667.24
Striping of Crosswalks - 2005 The foregoing change results in a net increase in the contract of
This is to advise Your Honorable Body that I have advertised and Fifteen Thousand One Hundred Fifty Eight and 35/100 Dollars
received bids on March 2, 2005 ($15,158.35).
The following bids were received: SUMMARY:
Contractor Total Bid Price Current Contract Amount $967,392.00
Accent Stripe, lnc $132,198.00 Amount of This Change Order (#4) Add $ 15,158.35
3275 N Benzing Road Revised Contract Amount $982,550.35
Orchard Park, NY 14127 Costs have been reviewed by the Consulting Architect (Hamilton
I hereby certify that the lowest responsible bidder for the above project Houston Lownie Architects, PC)
is Accent Stripe, Inc. and I respectfully recommend that Your and the Department of Public Works, Parks & Streets and were found
Honorable Body authorize a contract award to Accent Strip, Inc. in the to be fair and equitable. Funds for this work are available in 31510006
amount of $132,198.00. (Base Bid of $120,180.00 + [10% unit price 445100 - Division of Buildings.
increases] $12,018.00 equals [Total Award] $132,198.00.) Funds for I request that Your Honorable Body authorize the Commissioner of
this project are available in our Capital Account #30032106-445100. Public Works, Parks & Streets to issue a change order to the
The engineer's estimate for this work is $110,000.00. contractor as set forth above.
Mr. Coppola moved: Mr. Coppola moved:
That the above communication from the Commissioner of Public That the above communication from the Commissioner &Public Works,
Works, Parks and Streets dated March 2, 2005, be received and filed; Parks and Streets dated March 3, 2005, be received and filed; and
and That the Commissioner of Public Works, Parks and Streets be, and he
That the Commissioner of Public Works, Parks and Streets, be, and he hereby is authorized to issue change order No. 4, to Landmark
hereby is authorized to award a contract for Striping of Crosswalks - Construction, an increase in the amount of $15,158.35, as more fully
2005, to Accent Stripe, Inc., the lowest responsible bidder, in the described in the above communication, for work relating to Job No.
amount of $132,198.00 (Base Bid of $120,180.00 + [10% unit pries 0411, Historical Society, Exterior Restoration, 1901 Pan-Am Expo
increases] $12,018.00 equals [Total Award] $132,198.00. Funds for Building, C #92010878. Funds for this project are available in
the project are available in Capital Account #30032106 445100. 31510006 445100 – Division of Buildings
PASSED PASSED
AYES – 8 NOES – 0 AYES – 8 NOES – 0
NO. 24 NO. 26
Report of Bids Change in Contract
Striping of Lane Lines - 2005 Massachusetts Avenue Project
This is to advise Your Honorable Body that I have advertised and Recreation Improvements
received bids on March 2, 2005 Niagara District
The following bids were received: I hereby submit to Your Honorable Body the following changes for the
Contractor Total Bid Price Massachusetts Avenue, Project, Recreation Improvements, Paul J.
Accent Stripe, Inc $117,051.00 Gallo Contracting, Inc., C #92010916.
1. Furnish necessary labor, equipment and materials to fabricate and
install additional stair stringer and supports due to deteriorated NO. 28
conditions. Add $ 3,417.78 Change in Contract
The foregoing change results in a net increase in the contract of Three North Jefferson Library
Thousand Four Hundred Seventeen and 78/100 Dollars ($3,417.78). Construction
Current Contract Amount $370,000.00 Job #0324
Amount of This Change Order (#1) $ 3,417.78 Masten District
Revised Contract Amount $373,417.78 I hereby submit to Your Honorable Body the following changes for the
Costs have been reviewed by the Consulting Architect (Stieglitz North Jefferson Library, Construction, Tunney Electric, Electrical Work,
Snyder Architecture) and the Department of Public Works, Parks & C #92010831.
Streets and were found to be fair and equitable. Funds for this work 1. Additional cost for transformer installation. Add $ 2,742.09
are available in 31480006 445100 - Division of Buildings. The foregoing change results in a net increase in the contract of Two
I request that Your Honorable Body authorize the Commissioner of Thousand Seven Hundred Forty One and 09/100 Dollars ($2,742.09).
Public Works, Parks & Streets to issue a change order to the Current Contract Amount $ 505,190.93
contractor as set forth above. Amount of This Change Order (#3) $ 2,742.O9
Mr. Coppola moved: Revised Contract Amount $ 507,933.02
That the above communication from the Commissioner &Public Works, Costs have been reviewed by the Consulting Architect (Robert
Parks and Streets dated February 23, 2005, be received and filed; and Traynham Coles, Architect)
That the Commissioner of Public Works, Parks and Streets be, and he and the Department of Public Works, Parks & Streets and were found
hereby is authorized to issue change order No. 1, to Paul J. Gallo to be fair and equitable. Funds for this work are available in 37320306
Contracting, Inc., an increase in the amount of $3,417.78, as more fully 445100 - Division of Buildings.
described in the above communication, for work relating to I request that Your Honorable Body authorize the Commissioner of
Massachusetts Avenue Project, Recreation Improvements, C Public Works, Parks & Streets to issue a change order to the
#92010916. Funds for this project are available in 31480006 445100 - contractor as set Mr. Coppola moved:
Division of Buildings. That the above communication from the Commissioner of Public
PASSED Works, Parks and Streets dated February 28, 2005, be received and
AYES – 8 NOES –0 filed; and
That the Commissioner of Public Works, Parks and Streets be, and he
NO. 27 hereby is authorized to issue change order No. 3, to Tunney Electric,
Change in Contract an increase in the amount of $2,742.09, as more fully described in the
North Jefferson Library above communication, for work relating to North Jefferson Library,
Construction Construction, Electrical Work, Job #0324, C #92010831. Funds for this
Job #0324 project are available in 37320306 445100 - Division of Buildings.
Masten District PASSED
I hereby submit to Your Honorable Body the following changes for the AYES – 8 NOES – 0
North Jefferson Library, Construction, W. C. Roberson Plumbing &
Construction Corp., HVAC Work, C #92010865. NO. 29
1. Additional cost for trenching for transformer conduits. Indemnification Resolution
Add $ 970.17 Scajaquada Pathway
2. Additional cost for trenching for chiller conduits. Phase 3
Add $ 548.62 PIN #5756.14
The additional costs are due to Niagara Mohawk changing the project Delaware/North Districts
transformer from a pole-mounted unit to a pad mounted unit, altering CCP #16 of 6/8/03
the site plan to provide a safe location. Your Honorable body previously approved construction bids for Phase
The foregoing change results in a net increase in the contract of One III of the Scajaquada Pathway. In order to proceed with portions of the
Thousand Five Hundred Eighteen and 79/100 Dollars ($1,518.79). required work on NYSDOT R.O.W., an occupancy permit is required.
Current Contract Amount $600,428.74 One of the conditions of the permit is a resolution authorizing
Amount of This Change Order (#2) $ 1,518.79 indemnification of the People of the State of New York from claims that
Revised Contract Amount $601,947.53 could result from the use of N.Y. State right of way.
Costs have been reviewed by the Consulting Architect (Robert Since the City is self-insured the state requires a resolution as follows:
Traynham Coles, Architect) Whereas: the City of Buffalo is permitted use of certain State right of
and the Department of Public Works, Parks & Streets and were found way as described in a Permit for Use of State-Owned Property for the
to be fair and equitable. Funds for this work are available in 37320306 purpose of construction of the Scajaquada Pathway; and
445100 - Division of Buildings. Whereas: the City of Buffalo is self insured and therefore unable to
I request that Your Honorable Body authorize the Commissioner of provide evidence of General Liability Insurance coverage issued
Public Works, Parks & Streets to issue a change order to the by an insurance carrier licensed to do business in the State of
contractor as set forth above. New York, for the protection of the People of the State of New
Mr. Coppola moved: York and Permit area; and
That the above communication from the Commissioner of Public Now, Therefore, Be It Resolved:
Works, Parks and Streets dated February 18, 2005, be received and That the City of Buffalo hereby agrees to defend and indemnify the
filed; and People of the State of New York against any claims, suits, demands or
That the Commissioner of Public Works, Parks and Streets be, and he judgments by reason of bodily injury, including death and for any
hereby is authorized to issue change order No. 2, to W.C. Roberson claims resulting in property damage occurring on or in the proximity to
Plumbing & Construction Corp., an increase in the amount of the construction area; and
$1,518.79, as more fully described in the above communication, for Be It Further Resolved:
work relating to North Jefferson Library, Construction, HVAC Work, That the Common Council of the City of Buffalo is authorizing a
Job #0324, C #92010865. Funds for this project are available in resolution, for the Mayor to sign an Indemnification Agreement on
37320306 445100 - Division of Buildings. behalf of the City of Buffalo.
PASSED Mr. Coppola moved:
AYES – 8 NOES – 0 That the above communication from the Commissioner of Public
Works, Parks and Streets dated March 2, 2005, be received and filed; period of 30 years.
and Our department has completed the first 2 years of these mandated
That the Mayor be, and he hereby is authorized to sign an activities with positive results in regard to wetlands plantings, fish
Indemnification Agreement on behalf of the City of Buffalo to indemnify sampling, groundwater and wildlife survey. Project costs are not
the People of the State of New York from claims that could result from expected to exceed $200,000 and funds are available in accounts
the use of NYS fight of way for Phase l/I of the Scajaquada Parkway #30228306, 30335106, 31548906 and a future bond account
PIN #5756.14. specifically for these activities.
Passed Mr. Coppola moved:
AYES – 8 NOES – 9 . That the above communication from the Commissioner of Public
Works, Parks and Streets dated March 3, 2004 be received and filed;
NO. 30 and
La Nova Pizzeria That the Commissioner of Public Works, Parks and Streets be, and he
Encroachment hereby is authorized to hire an environmental engineering consultant
Into right of way for post closure Remediation maintenance/monitoring at the Squaw
(Niagara District) Island site. Funds for this project are available in accounts #30228306,
Mr. Lou Terragnoli, acting as agent for La Nova Pizzeria (Hampshire 30335106, 31548906 and a future account specifically for these
Enterprises), has requested permission to encroach City right of way at activities,
274 Hampshire Street. Specifically, La Nova Pizzeria is seeking PASSED
permission to construct a building encroachment within a 58' x 10' area AYES – 7 NOES 1
of right of way on Hampshire Street. This area, which is 18' wide, is AYES – BONIFACIO, COPPOLA, FONTANA, FRANCZYK,
currently paved from the property line to the curb. After construction of GOLOMBEK, RUSSELL AND THOMPSON – 7
the new building encroachment approximately 6' wide unobstructed NOES – GRIFFIN – 1
sidewalk will remain.
This encroachment has been approved by the City Planning Board NO. 32
(9/28/04). The Department of Public Works, Parks and Streets has Sidewalk Repair - 495 Norfolk Ave.
reviewed this request pursuant to Chapter 413-67 (Encroachment Item No. 60, C.C.P. 02/22/05
Regulations) of the City Charter and has no objection to Your Inspectors from the Division of Engineering looked into the sidewalk
Honorable Body authorizing the Commissioner to issue a "Mere complaint at 495 Norfolk Ave. The raised sidewalk was not caused by
License" for said encroachment provided the following conditions are the growth of tree roots and thus, in accordance with the City's
met: ordinances; the abutting property owner must repair the sidewalk.
1. That the applicant obtain any and all City of Buffalo permits REFERRED TO THE COMMITTEE ON LEGISLATION
necessary.
2. That the encroachment be constructed exactly as shown on NO. 33
plans submitted to and approved by the Department of Permit & Certificate of Appointment
Inspection Services. Appointment Effective: 2/24/05 in the Department of Public Works
3. That the applicant be responsible for maintenance of the Division of Streets to the Position of Equipment Operator
encroachment as long as it remains within City right of way. PROVISIONAL PROMOTION INTERMEDIATE Starting Salary of
4. That, in file event that the Commissioner of Public Works, Parks $31,838
and Streets determines the encroachment must cease as a result Jeffrey Tamsen 42 Eugene Ave Buffalo, NY 14216
of factors effecting the health, safety and welfare of the public, or REFERRED TO THE COMMITTEE ON CIVIL SERVICE
the needs of the City, said Commissioner may order the
immediate removal of the encroachment as described in Chapter NO. 34
413-67(F) of the City Charter. CITY OF BUFFALO, POLICE DEPARTMENT
5. That the applicant supply the Department of Public Works, Parks REQUEST FOR AFFIRMATION OF C.C.P. #104
and Streets with a certificate of insurance and/or construction in 122397
street bond, in an amount deemed sufficient by the Corporation RE: "STATUS OF REQUEST TO PURCHASE
Counsel, which will indemnify and save harmless the City of EIGHT (8) UNMARKED VEHICLES."
Buffalo against any and all loss or damage arising out of On September I, 2004, the Buffalo Police Department requested
construction, maintenance, use or removal of said encroachment. approval from your Honorable Body to purchase eight (8) new 2005
Mr. Coppola moved: Ford Taurus' that would serve as unmarked vehicles to be utilized by
That the above communication from the Department of Public Works, various districts and divisions. Since that
Parks and Streets dated March 2, 2005 be received and filed; and time, the personnel of the Buffalo Police
That the Commissioner of Public Works, Parks and Streets be, and he Department have been queried about this request and have expended
hereby is authorized to issue a "mere license" to Mr. Lou Terragnoli, substantial man-hours to provide answers and meet with Common
acting as agent for La Nova Pizzeriz (Hampsldre Enterprises) Council Staff.
applicant, located at 274 Hampshire Street, to construct a building To date, there has been no approval on the matter, which had been
encroachment within 58' x 10' area which would encroach city right-of-passed previously by your Honorable Body during the budget process
way at said address, subject to the conditions as listed above. for the 2004/2005 fiscal year. The Buffalo Police Department's fleet
PASSED budget requests for the 2005/2006 fiscal year have assumed that
AYES – 8 NOES – 0 approval of this current matter would be reached by the Common
NO. 31 Council and any other outcome will need to be considered for the
Permission to Hire 2005/2006 budget.
Environmental Engineering Consultant The Buffalo Police Department has cooperated completely with your
Squaw Island Park Post Closure requests, every times responding to the same questions more than
Remediation Maintenance / Monitoring once. We are requesting that you present our Department with the
Permission is requested from Your Honorable Body to accept issues that are stalling tile approval and/or provide the approval
proposals and hire an environmental engineering consultant for post necessary to continue with the procurement of the vehicles.
closure Remediation maintenance/monitoring at the Squaw Island site. If you require additional information, please contact Chief Richard Ortiz
As part of the formal consent order with NYSDEC the City is at 851-5181. Thank you for your immediate attention to this matter.
responsible for maintenance and monitoring of the former landfill for a REFERRED TO THE COMMITTEE ON FINANCE
Attached for your review are the following:
Narrative Monitoring Reports for each agency; along with Monthly
NO. 35 Delivery Reports for November-2004, December 2004 and January-
CERTIFICATE OF APPOINTMENT 2005.
Appointment Effective: February 3, 2005 in the Department of: Police, I will keep the Council informed of any concerns or problems we may
Division of: Patrol have with the Public Service Agencies and I hope this information is
to the Position of Chief, Provisional Non-Competitive at the: Flat helpful.
Starting Salary of $ 84,771 REFERRED TO THE COMMITTEE ON COMMUNITY
Joseph F. Strano, 260 Cardinal Lane,Grand Island, NY 14072 DEVELOPMENT
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 40
NO. 36 INFO LOCAL LAW ESTABLISHMENT
CERTIFICATE OF APPOINTMENT OFFICE OF HOMELAND
Appointment Effective: February 24, 2005 in the Department of: Police SECURITY/EMERGENCY MANAGEMENT
Division of Detective Division to the Position of Crime Scene ITEM #137, C.C.P. 2/08/05
Technician As you are aware, the City of Buffalo has received Urban Area
Permanent at the Maximum Starting Salary of $ 47,203 Security Funds, over the last three years. As part of the City's award,
Andrew J. Nostrant, 84HardinqRoad, Buffalo, New York 14220 funds have been set aside, as part of the administrative and
REFERRED TO THE COMMITTEE ON CIVIL SERVICE management portion of this grant, to cover the cost of hiring a
Homeland Security Coordinator for the City of Buffalo The
FROM THE CORPORATION COUNSEL responsibilities under this "operational" position call for the
coordination of training and exercises, implementing preparedness
NO. 37 programs, enhancing mutual aid agreements, developing response
SPECIAL EVENT PERMITS and recovery plans, and assisting to ensure the continuity of
ITEM #59, C.C.P. FEBRUARY 22, 2005 government in the City of Buffalo during a catastrophic terrorist event
As per the request of your Honorable Body, I am providing the and/or emergency. As such, the City secured approval to hire a
following information regarding fee changes for special event permits Homeland Security Coordinator at the Federal, State, and Local levels
for the Olmsted Parks. to assist the City with prevention, response and recovery as it relates
Pursuant to § ! 3.1 of the Parks Agreement, the County has the to acts of terrorism and homeland security preparedness.
authority to establish and/or raise fees regarding special events taking Our concern is the CCP Item #137 set forth at your 2/08/05 meeting, a
place in City parks. However, I contacted Erie County Legislator local law being introduced for the establishment of the Office of
George Holt's Office, and was told the County Legislature has not Homeland Security/Emergency Management. Funds were specifically
approved any increase in fees for special event permits. It appears the secured for a coordinator's position performing UASI functions only, as
Buffalo Olmsted Parks Conservancy raised the special event permit outlined in the appropriate fiscal year grant guidance for the UASI
fees at their own discretion, and did not receive any authority from Erie funds, and as negotiated and agreed upon by the County of Erie during
County. However, due to the current budget crisis with the County of the funding allocation process. We want the Council to be aware that
Erie, I was unable to receive written confirmation regarding this matter, reimbursement being secured under UASI dollars will not include any
but I have faxed all the information to Legislator Holt's Office for further expansion of duties covering other functions beyond what was
review. negotiated with the County of Erie, and approved by both the Control
Department Head Name: Title: Board, your Honorable Body, and the federal Department of Homeland
REFERRED TO THE COMMITTEE ON LEGISLATION, THE ERIE Security. Should the scope of duties and financial compensation
COUNTY LEGISLATURE, THE ERIE COUNTY EXECUTIVE AND exceed the original expectation, as was outlined during the UASI grant
OLMSTEAD CONSERVANCY process, the City may be in violation of the parameters of the UASI
Grant. The State's Office of Homeland Security has advised us that the
FROM THE COMMISSIONER OF COMMUNITY SERVICES new position must cover the duties and obligations as outlined in the
original Coordinator's position. The State is looking at it assembly
NO. 38 transferring responsibilities from one title to another. The rules
"CLARIFY HUMAN SERVICE EVALUATIONS" governing the UASI funding are very strict.
RE: ITEM #107 C.C.P. FEBRUARY 22, 2005 If you have any questions, please contact Chief Richard Ortiz at 851-
The Department of Community Services is in the process of 5181.
assembling a Review Panel for Public Service Block Grant Applicants. REFERRED TO THE COMMITTEE ON LEGISLATION
The Committee will evaluate Non-Profit Community Based
Organizations who receive funding through the Community NO. 41
Development Block Grant Entitlement. REDIRECTION OF LOCAL LAW ENFORCEMENT BLOCK GRANT
The Committee will be an on-going Committee looking at the needs of FUNDING WITH JUSTICE ASSISTANCE GRANT PROGRAM]
the Community and how to better meet those needs with limited As you are aware, the City of Buffalo has received Local Law
Community Development Block Grant dollars. Enforcement Block Grants over the last nine (9) years, and as you
The Committee will be responsible for reviewing future year know, have been cut significantly each year (last year cut by 54%).
Community Development Block Grant Applicants and making This year, the US Department of Justice has initiated funding under the
recommendation to the Commissioner of Community Services. Justice Assistance Grant (JAG) Program, which replaces the Byrne
The Review Committee recommendations and/or findings are advisory Formula and Local Law Enforcement Block Grant Programs. JAG
only. The intent of the recommendations/findings are to assist the serves as the single funding mechanism for the administration of these
Department of Community Services, BURA and the Buffalo Common grants.
Council in the distribution and allocation of future Community Also, the Bureau of Justice, this year, has certified that the County of
Development Block Grant funded activities. Erie, the City of Buffalo, the Towns of West Seneca, Amherst and
REFERRED TO THE COMMITTEE ON COMMUNITY Cheektowaga as "disparate" and therefore, we must submit a JOINT
DEVELOPMENT application for the aggregate of funds allocated to this area. The award
NO. 39 this year under JAG is $479,927 and it must be shared with these
YR. 30 COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC government entities who must all agree on the allocation, or no one
SERVICE THIRD QUARTER REPORTS gets the funding.
The City of Buffalo, in order to retain at least the majority of the share Sengbush, Deputy Executive Director of Strategic Planning. The board
of funding it received under the Local Law Enforcement Block Grant next extended the deadline for filing, without penalty, until February 22,
last year, has been jointly appointed to serve as the Applicant/Fiscal 2005.
Agent for these funds by the above entities. The application is due by Items #1. - 6.) The Board moved to receive and file the following items
March 31, 2005. In order to file the grant application, which requires 1 .) Letter to Mr. Stitts - Johnnie B. Wiley Sports Pavilion.
notification of the Applicant/Fiscal Agent's governing body, we are 2.) Letter to / from Mr. Sciolino, Dir. of PVB, regarding proposed
notifying you as a mandated requirement by the "feds" under this travel.
application process. 3.) Letter to Mr. Giambra, Comm. Of P.W., regarding filing the
At this time, we are notifying you that the City of Buffalo will be appropriate travel forms with the board.
accepting the funds totaling $479,927 and distributing them (which will 4.) Receipt of travel forms from Mr. Giambra
be outlined in Memorandums of Understanding) to each participating 5.) Letter to Mr. Mehta, Dir. of MIS regarding placing travel forms on
entity as follows: the City's Intranet for departmental use.
Buffalo/County of Erie: $260,772 ($204,772 City initiatives/County 6.) Transaction Disclosure Statement received from Mr. Matarese,
initiatives: Town of Amherst (Police Department):$89,651 Comm. Of Human Resources.
Town of Cheektowaga (Police Department):$86,283 Additionally, Mr. Coppola addressed Mr. Risman, Corporation Counsel,
Town of West Seneca (Police Department):$43,221 with regard to obtaining a designee from his department to represent
Any law enforcement or justice initiative previously eligible for funding the board. Mr. Risman stated that he would work on the matter and
under LLEBG or Byrne funding is encouraged to be continued and report back to the board at its next meeting.
eligible for funding under JAG. The City's allocation will continue to Mr. Sullivan was then asked if he had any news on the Code of Ethics
fund initiatives under the Local Law Enforcement Block Grant (Save Handbook project Mrs. Caputi was working on for the board. Mr.
our Streets Initiative ($60,000), Drug Courts ($25,000), Code of Sullivan stated that he was not sure but would find out and report back
Conduct/Anti Crime Prevention Programs ($30,550) Police Equipment to the board at its next meeting.
($89,222). Erie County will continue to fund the Regional Community The next meeting of the Board of Ethics was set for Tuesday, February
Policing Center ($18,000) and the Juvenile Prosecutor in the District 22, 2005 in room 1317 at 9:00 a.m.
Attorney's Office ($38,000). Meeting adjourned.
Since this is a totally new process for all entities involved, we will keep RECEIVED AND FILED
you advised, and have until March 31, please contact Chief
REFERRED TO THE COMMITTEE ON FINANCE NO. 43
LIQUOR LICENSE APPLICATIONS
FROM THE CITY CLERK Attached hereto are communications from persons applying for liquor
licenses from the Erie County Alcohol Beverage Control Board.
NO. 42 Address Business Name Owners Name
MINUTES OF THE BOARD OF ETHICS 622 Main Street Club Marchella 658 Entertainment Corp
Attached please find the minutes of the January 25, 2005 Board of 236 Delaware Ave 236 Delaware Ave
Ethic meetings. RECEIVED AND FILED
City of Buffalo
Board of Ethics Meeting January 25, 2005 NO. 44
Present: LEAVES OF ABSENCE WITHOUT PAY
Douglas Coppola Eleanor Paterson I transmit herewith notifications received by me, reporting the
Richard Sullivan Gerald Chwalinski granting of the leaves of absence without pay, in the various
Michael Risman departments as listed:
Excused: Police Deborah Mulhern
James Magavem Sylvester Harold Fire John Fecio
Guest: RECEIVED AND FILED
Brian Meyer -The Buffalo News
Item #1) Roll Call - The board received an e-mail from board member NO. 45
Sylvester Harold stating that he will be out of town "indefinitely" due to REPORTS OF ATTENDANCE
employment obligations. The board has asked Linda Andersen, Sec. to PEST MANAGEMENT
the Board, to return an e-mail to Mr. Harold asking him to clarify how RECEIVED AND FILED
long his absence might be and inquire as to his ability to continue his
commitment as an active member on the board. NO. 46
Item #2) Mr. Sullivan moved to accept the minutes of the May 25, 2004 NOTICES OF APPOINTMENT TEMPORARY, PROVISIONAL,
meeting seconded by Mr. Chwalinski. All were in favor and the minutes PERMANENT
were received and filed. I transmit herewith Appointments in the various departments made at
Items #3 & 4) Linda Andersen, Sec to the Board, updated board the Minimum(Temporary, Provisional, Permanent)(As per contract
members on the filing of the yearly Annual Disclosure Statements by requirements)
department employees and boards. Mrs. Andersen noted that the REFERRED TO THE COMMITTEE ON CIVIL SERVICE
filings were coming in at a good rate and that things seem to be CERTIFICATE OF APPOINTMENT
moving along nicely. It was noted that the Clerk's Office sent out a Appointment Effective: February 28, 2005 in the Department of: Police
letter to all department heads reminding them that the forms are now to the Position of: School Crossing Guard
available via the City's intranet. The Clerk's Office also had printed Temporary appointment, Non-Competitive, at the Minimum Starting
approximately 150 of the forms for distribution to those individuals Salary of $ 7.09/hr
without computer access and they were mailed out accordingly. Mrs. Lisa M. McCloskey, 167 Mackinaw St, Buffalo, NY 14204
Andersen informed the board that it did not receive a list of employees Elizabeth Calhoun, 212 Keystone St Lower, Buffalo, NY 14211
/ boards required to file from the Department of Strategic Planning. Lavette D. Thompson, 304 Jefferson Ave, Buffalo, NY 14204
Under this department there are approximately six boards. Mr. CERTIFICATE OF APPOINTMENT
Coppola asked that a letter go out to Mr. Wanamaker, Executive Appointment Effective: February 24, 2005 in the Department of
Director of Strategic Planning, requesting that a list be provided to the Police, Division of Detective Division
Clerk's Office. It was also noted that the letter should be cc'ed to Mr. to the Position of: Crime Scene Technician, Permanent Appointment at
Peter Savage, Special Assistant to the Mayor and Mr. David the Minimum Starting Salary of $ 40,670
John P. Fecio III, 156 Woodside Avenue, Buffalo, NY 14220
CERTIFICATE OF APPOINTMENT NO. 49
Appointment Effective: February 28, 2005 in the Department of Public Drop in State aid to cities, towns
Works, Parks & Streets, Division of Buildings Please file the attached item for the Common Council meeting to be
to the Position of Senior First Class Stationary Engineer, Temporary held on March 8, 2005.
Appointment at the Flat Starting Salary of: $10.25/hr COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
Charles A. Kulp, 1015 Abbott Road, Buffalo 14220 RECEIVED AND FILED
CERTIFICATE OF APPOINTMENT
Appointment Effective: 2/28/05 in the Department of Public
NO. 50
INFO – PLANS TO EXTEND CEDAR STREET
Works Division of Engineering to the Position of Engineering
It have come to my attention that there are plans to extend Cedar
InspectorPERMANENT
APPOINTMENT at the minimum Starting
Street from Clinton Street to William Street. The reasons stated for this
Salary of: $35,598
project was to make more parking spaces for the staff at Montessori
Kim Wendt, 379 Beard Avenue, Buffalo, NY 14214
school. This parking lot would be place directly on the side of my
CERTIFICATE OF APPOINTMENT
house. My home was build where Cedar Street uses to be.
Appointment Effective: 2/28/05 in the Department of Public Works
I'm concerned about the safety and the well being of my family. This
Division of Engineering
street (AKA) parking lots will cause many ongoing problem on the side
to the Position of Traffic Signal Specialist Provisional promotion at the
of my home, well after the staff at the school has gone home to their
minimum Starting Salary of $29,327
suburban home.
Alex M. Calder, 80 Pierce St., Buffalo, NY 14206
I understand their concerns about a place to park their ears but did
CERTIFICATE OF APPOINTMENT
anyone consider how this street (parking lot) would affect me, a tax
Appointment Effective March 4, 2005 in the Department of Law
payer? No! Due to this decision was made without involving the people
Division of to the Position of Assistant Corporation Counsel I
in the surrounding homes that may be affected by this parking lot.
(MuniAttomey) Temporary at the Starting Salary of $45,757.00
What about our children and grandchildren that have been running
Timothy A. Bail, 184 Norwalk Avenue, Buffalo, NY 14216
and playing in this area for years and now their safety will be
No. 47
jeopardize because of a parking lot.
APPOINTMENTS – TEMPORARY, PROVISIONAL OR PERMANENT
I would like to know more about this plan. If it has been approved, why
I transmit herewith Appointments in the various departments made at
was this decision made without consulting the community? For the
the Minimum (Temporary, Provisional or Permanent) (as per contract
record I disagree with extending Cedar Street to run from Clinton
requirements )
Street to William Street.
CERTIFICATE OF APPOINTMENT
You may contact me at (H)- 855-1281, (W)- 857-6353.
Appointment Effective: March 15, 2005 in the Department of
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE
City Clerk to the Position of Laborer II Permanent,
COMMISSIONER OF PUBLIC WORKS
Appointment, Minimum Starting Salary of $24,336.00
Rashad Howard 124 Fulton #3A Buffalo, NY 14215
NO. 51
Appt Laborer II (Perm Howard)
LIVING WAGE RATE 2005
That the Permanent Appointment of Rachad Howard, 124
The Living Wage rate for 2005 will remain the same as it was for 2004.
Fulton Street, Buffalo, NY 14215 Effective March 15, 2005 is hereby
The rate is $9.03 per hour with health benefits, and $10.15 per hour
approved
without health benefits.
PASSED
Please note that the Living Wage Commission will present, by the end
AYES – 8 NOES – 0
of 2005, anticipated wage increases for 2006.
Should you have any questions, please call me at 852-4191 extension
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND
118 or Maria Whyte at 892-5877.
REMONSTRANCES
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
NON-OFFICIAL COMMUNICATIONS
COMMISSIONER OF PUBLIC WORKS, THE COMPTROLLER AND
THE CORPORATION COUNSEL
No. 48
Board Packet Documents Ciminelli
NO. 52
Attached are the following documents from the February 7, 2004 Joint
CITY OF BUFFALO
Schools Construction Board Meeting:
LIVING WAGE COMMISSION
1. Draft Agenda
ANNUAL REPORT
2. Meeting Minutes from JSCB Meeting dated January 3, 2005
2004
(including the following attachments: Revised Advertisement for Bid
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
Form, Workforce Request Form, Draft EEO Forms, Phase II Bid
REFERRED TO THE COMMITTEE ON LEGISLATION
Schedule, Phase II Construction Schedule)
3. Application and Certificate for Payment No. 30 - January 2005
NO. 53
4. Phase II Application and Certificate for Payment No. 4- January
HICKORY WOODS
2005 - NOT INCLUDED IN BOARD PACK. THIS ITEM WAS TABLED
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
AT THE 2/7/05 JSCB MEETING.
REFERRED TO THE COMMITTEE ON COMMUNITY
5. PPDS - Summary of Bidding Document Revisions for Phase II
DEVELOPMENT
6. PPDS - Business Training and Mentoring Program for Phase II
7. Bevlar & Associates Inc. Construction Contract Monitoring and
NO. 54
Compliance Services Monthly Report for Addendum 1 Project -
State Environmental Quality Review Findings Statement
December 2004
Pursuant to Article 8 (New York State Environmental Quality Review
8. Minutes of December 20, 2004 Inclusion Committee of JSCB
Act - "SEQRA") of the Environmental Conservation Law and 6 NYCRR
9. Minutes of December 29, 2004 Inclusion Committee of JSCB
Part 617, the New York State Urban Development Corporation
d/b/a/the
10. Minutes of January 6, 2005 Inclusion Committee of JSCB
Empire State Development Corporation, as lead agency pursuant to
New Workforce Request Form (approved at 1/31/05 meeting)
SEQRA, makes the attached findings with respect to the Erie Canal
2005 JSCB Inclusion Committee Meeting Schedule
Harbor Project, Buffalo, New York. The lead agency contact is Rachel
RECEIVED AND FILED
Shatz, Director, Planning & Environmental Review, Empire State
Development Corporation, 633 Third Avenue, New York, NY 10017• Ferry Street until the early 1960s. Based on the results of this
Telephone (212)803-3254. investigation, the NYSDEC issued a Record of Decision (ROD)
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT in March 1999 which selected a remedy consisting of the excavation
and removal of the contaminated soil to an approved landfill,
NO. 55 covering the site with clean soil, and placing deed restrictions on the
Notification of Revision To The Empire Zone property. The ROD also required that adjacent properties be
Attached is a letter from the Commissioner of Economic Development, investigated to see if they were also contaminated.
Charles A. Gargano, to the local Empire Zone administrator approving In 2001 and earlier this year testing was done to determine the
a revision to the Empire Zone in your area. full extent of contamination. This investigation included the area
This letter is being provided to you pursuant to Section 959 (e) of the between East Ferry Street and the railroad tracks, from west of the
TNT Auto property to the vicinity of 750 East Ferry Street anthe
General Municipal Law requiring that the Commissioner notify the
d
relevant taxing jurisdictions when a revision or termination of an
large blue water tower.
Empire Zone is made.
The investigation included:
If you would like further information about the Empire Zone in your
• 114 soil borings on a 100-foot grid covering the area;
area, including a description of the boundaries of the Zone, you
• testing over 360 surface and subsurface soil samples for lead;
should contact the local zone coordinator. For information about
• installation of 4 new off-site bedrock groundwater monitoring wells
the local zone coordinator in your area, please feel free to contact
west of the site and, testing the new wells and the 4 existing
our office at (518) 292-5240, or visit our website at
http://www.nylove
wells to see if the groundwater is contaminated; and,
sbiz.com/Tax and Financial Incentives/Empire Zones/default.asp
• a magnetic survey of the area to locate the Scajaquada Creek tunnel
REFERRED TO THE COMMITTEE ON COMMUNITY
and buried objects such as old drums or underground storage tanks.
DEVELOPMENT
For site related health questions, please contact New York State
Department of Health's (NYSDOH) representative:
NO. 56
The results from all the investigations conducted at the site are
D259257 CPIN 5512.36.301
contained in the October 2004 Pre-Design Investigation Report. The
4.6km of Asphalt Reconstruction on Rte 33
results indicate that surface and sub-surface soil at 858 and the TNT
(Kensington Expwy) - Elm/Oak Arterial
property at 856 E. Ferry Street are contaminated with lead and the
to NY Rte 198, City of Buffalo Erie County
contamination is widespread on these properties. The contaminant
This is to advise you that the completed work on the above-noted
concentration in soil seems to decrease further west from these two
contract was officially accepted by the New York State Department of
properties but some isolated areas of high contaminant concentration
Transportation on February 8, 2005.
are found in the areas west of the TNT Auto property. The soil
The maintenance responsibilities for those features indicated on the
contamination extends up to the eastern side of 750 E. Ferry Street.
attached contract plan sheets are hereby turned over to the respective
Based on the new and existing results, the volume of contaminated soil
agencies. Please note if your agency is directly involved. If not, this
is much larger than the volume estimated initially in the Record of
letter serves as a courtesy to notify you that the contractor for this
Decision (ROD).
project, Oakgrove Construction, Inc., is no longer directly involved in
The results from the groundwater sampling show that there is no lead
roadway maintenance.
or other site -related contamination exceeding groundwater standards.
RECEIVED AND FILED
Given the larger volume of contamination, the NYSDEC believes it will
NO. 57
be necessary to expand the area to be cleaned up in comparison to
Buffalo Public Schools
the area identified in the 1999 ROD. A detailed engineering analysis of
(Phase I-Completion)
remedial alternatives is required and a remedy will be proposed based
Please file the enclosed item with the Common Council for review and
on this analysis. The proposed remedial alternative will be presented to
deliberation at the next meeting scheduled on Tuesday, March 8, 2005
the public prior to finalizing any changes to the cleanup plan for the
at 2pm.
Site. NYSDEC will continue to issue fact sheets like these to provide
Should you have any questions, please feel bee to contact my office at
you with the current status of this project as work proceeds.
(716) 851-5145.
The NYSDEC has placed site documents for you to read, in the
COPY AVAILABLE IN THE CITY CLERKS OFFINCE FOR REVIEW
locations listed below.
RECEIVED AND FILED
Any site related questions or concerns can be addressed by contacting
Mr. Vivek Nattanmai, at (518) 402-9812; or by email at
NO. 58
vrnattan~,qw.dec.state.ny.us. For health related concerns regarding
858 East Ferry Street
this site feel free to contact the New York State Department of Health's
Please file the enclosed item with the Common Council for review and
Mr. Cameron O'Connor, Public Health Specialist, at (716) 847-4385.
deliberation at the next meeting scheduled on Tuesday, March 8, 2005
RECEIVED AND FILED
at 2pm.
Mr. Gerald Chwalinski
Should you have any questions, please feel free to contact my office at
City Clerk
(7]6) 851-5145.
1308 City Hall
The New York State Department of Environmental Conservation
Buffalo, New York 14202
(NYSDEC), in cooperation with the New York State Department of
Health (NYSDOH), would like to tell you the results of additional
NO. 59
testing done on adjacent properties to the 858 East Ferry Street waste
Opposition to placing a drug rehabilitation facility at 96 Marigold
site. The site includes the area highlighted on the drawing below along
Avenue
East Ferry Street in the City of Buffalo.
Please file the enclosed item with the Common Council for review and
This fact sheet provides a briefing on the results of the recent
deliberation at the next meeting scheduled on Tuesday, March 8, 2005
investigation at the 858 East Ferry Street site, in the City of Buffalo.
at 2pm.
If you have any questions or would like more information, please do not
Should you have any questions, please feel free to contact my office at
hesitate to contact:
(716) 851-5145.
The Site was the subject of a 1997-98 environmental investigation.
COPY AVAILABLE IN THE CITY CLERKS OFFFICE FOR REVIEW
That investigation, done by the City of Buffalo, found that the Site's soil is
RECEIVED AND FILED
contaminated with high
levels of lead. The contamination is believed to have come from the
NO. 60
Heyman lead smelting facility, it operated in the vicinity of 750 East
AMEND LOCAL FINANCE LAW SALE OF BONDS AND NOTES
Assemblyman Schimminger and I have introduced a bill, (C.C.P # 17, Feb 22)
S.278/A.2442, An Act to amend the Local Finance Law, in relation to That the Permanent Appointment of Daryl Springer of 34 Inwood
the sale of bonds and notes of the City of Buffalo. The bill and memo Place, Buffalo, NY 14209 and Michael Rivera, 53 West Ave, Buffalo,
are enclosed for your information. NY 14201 at the Maximum Salary of $48,566 be the same and is
If the State Legislature is to consider this legislation, it must receive the approved.
required home rule request from the City of Buffalo. I would appreciate PASSED
your help in having this home rule request adopted and the completed AYES -8 NOES - 0
forms forwarded to the appropriate Home Rule Counsel as indicated
on the reverse of the enclosed forms. NO. 69
rd
Thank you for your assistance in this matter.
Appt Support Analyst (Inter 3Step)(Springer, P)(MIS)
RECEIVED AND FILED
(C.C.P # 18, Feb 22)
PETITIONS
That the Permanent Appointment of Paul Springer of 569 Auburn Ave,
Buffalo, NY 14222 at the Intermediate Starting Salary of $48,566 be
NO. 61
the same and is approved.
J. O'Bannon, Owner, Use 100 Seneca St, Non Accessory Sign (Ell)
PASSED
(Pub Hrg 311512005))
AYES -8 NOES - 0
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY
PLANNING BOARDAND THE CORPORATION COUNSEL
NO. 70
Appt Computer Programmer (Max)(Richardson)(MIS)
NO. 62
(C.C.P# 19, Feb 22)
D. Denz, Owner, Use 234 Delaware Ave, 2 Outdoor Caf6's (Ell) (No
That the Permanent Appointment of Herbert Richardson, 311
Pub Hrg)
Walnut Street, Buffalo, NY 14204 at the Maximum Starting Salary of
REFERRED TO THE COMMITTEE ON LEGISLATION, THE CITY
$44,779 be the same and is approved.
PLANNING BOARDAND THE CORPORATION COUNSEL
PASSED
AYES -8 NOES - 0
Regular Committees
NO. 71
Appt Caulker Supervisor I(Perm)(Inter)(Rainero)(PW)
CIVIL SERVICE
(C.C.P # 29, Feb 22)
(Bonnie E. Russell, Chairperson)
That the Permanent Appointment of Michael Rainero of 136 Carmel
'~
Rd, Buffalo, NY 14216 at the 2step of $38,580 be the same and is
NO. 63
approved.
L. Matarese-Practice for Filling Job Vacancies
PASSED
(CCP#43, 2/22)
AYES -8 NOES - 0
That the above item be and the same hereby is Received and Filed
ADOPTED
NO. 72
Appt Superintendent of Traffic/Signal
NO. 64
Systems(Inter)(Lewandowski)(PW)
Budget and Personnel Amendment A&F (C.C.P # 113,2/22)
(C.C.P # 30, Feb 22)
That the above item is hereby approved
That the Provisional Appointment of Gerald Lewandowski of 173 Eden
PASSED
Street, Buffalo, NY 14220 at the Intermediate Salary of $37,871 be
AYES - 8 NOES - 0
the same and is approved.
PASSED
NO. 65
AYES -8 NOES - 0
Budget and Personnel Amendment Permits
(C.C.P # 114,2/22)
NO. 73
That the above item is hereby approved
Appt Report Technicians (Per)(Max)(Pol)
PASSED
(C.C.P # 33, Feb 22)
AYES - 8 NOES - 0
That the Permanent Appointment of Sherry Ebert, 83 Krakow Street,
Buffalo NY 14206 Andrea Meegan of 77 Turner Ave, Buffalo, NY
14220 and Kathleen Podsiadlo of 232 Commonwealth Ave, Buffalo NY
14220 at the Maximum Salary of $30,213 be the same and is
NO. 66
approved.
Appt Complaint Clerk (Perm)(Inter)(Price)(Cit Serv)
PASSED
(C.C.P # 5,2/22)
AYES -8 NOES - 0
That the permanent appointment of Carrie B. Price of 88 Ivy Street is
hereby approved.
NO. 74
PASSED
Notices of Appointment-Temp/Prov/Perm
AYES - 8 NOES - 0
(CCP#48, 2/22)
That the above item be and the same hereby is Received
NO. 67
and Filed
Appt Coord of Office Automation(Max)(Bartolotta)(Max)
ADOPTED
(C.C.P # 16, Feb 22)
That the Permanent Appointment of Mary Bartolotta of 52 Kimberly
FINANCE
Ave, Buffalo, NY 14220 at the Maximum Salary of $41,150 be the same
(Brian C. Davis, Chairman)
and is approved.
PASSED
NO. 75
AYES -8 NOES - 0
A. Hazzan-Buffalo Sewer Authority's Annual Report 2003-04
FY(Sewer)
NO. 68
(CCP#44, 2/22)
Appt System Analist(Max)(Springer, D. ) (MIS)
That the above item be and the same hereby is Received and Filed That the above item be, and the same hereby is, returned to the
ADOPTED Common Council without recommendation.
Mr. Fontana moved:
NO. 76 That the above-mentioned item be and the same is hereby received
Recycled Materials(PW) and filed.
(CCP#29, 2/08) ADOPTED
That the above item be and the same hereby is Received and Filed NO.85
th
ADOPTED
B. Louis, Petition to use 72 Pearl Street, Erect a 4Floor Deck
(Item No. 63, C.C.P., Feb. 22, 2005)
ADOPTED
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
NO. 77
Mr. Fontana moved that the above item be recommitteto the
d
Days Park Block Club-Sale of City parking Lot
Committee on Legislation
(CCP#54, 2/08)
ADOPTED.
That the above item be and the same hereby is Received and Filed
ADOPTED
NO. 86
Creation of a Parks Advisory Board (CC)
NO. 78
(CCP#35, 2/22)
B. Davis Towne Gardens Water Bill
That the above item be and the same hereby is Received and Filed
CCP#53,12/14)
ADOPTED
That the above item be and the same hereby is Received and Filed
ADOPTED
NO. 87
Appointment of Members to the Buffalo Board of Parking
NO. 79
(Item No. 1, C.C.P., Feb. 8, 2005)
Council Member Audit information Request (Compt)
That the appointment of members to the Buffalo Board of Parking
(CCP#14,Jan 11)
ofNeil A. Aquino, Jr., residing at 431 Lakefront Blvd and Henry Gorino,
That the above item be and the same hereby is Received and Filed
residing at 33 Tudor Place for a term commencing immediately and
ADOPTED
expiring March 31, 2006 and of the re-appointment of Evelyn Kemey,
residing at 233 Brunswick Boulevard for a term commencing
NO. 80
immediately and expiring March 31, 2010 be, and they hereby are
J. Griffm-Request Independent Audit City of Buffalo Agencies
approved.
(CCP#56, 1/11)
PASSED
That the above item be and the same hereby is Received and Filed
AYES – 8 NOES 0
ADOPTED
NO. 88
Designation of Nominees for Appointment to the Board of
NO. 81
Trustees of the Buffalo and Erie County Library (Item No. 2,
COB Police Dept Request for affirmation Per to Waive
C.C.P., Feb. 8, 2005)
Bidding(Pol)
That the designated nominees to the Board of Trustees of the Buffalo
(CCP#28, 1/11)
and Erie County Public Library of Richard Berger, residing at 79
That the above item be and the same hereby is Received and Filed
Chapin Parkway, of Thomas Errol Gleed, residing at 204 West Tupper
ADOPTED
Street, and Maureen Danahy, SSJ, residing at 151 Summit Avenue,
subject to confirmation by the Erie County Legislature, for a term
NO.82
expiring December 31, 2009 be, and they hereby are approved.
n~
Recycled Materials Becoming Far More Profitable(2Res)
PASSED
(CCP#127, 1/11)
AYES – 8 NOES 0
That the above item be and the same hereby is Received and Filed
ADOPTED
NO. 89
Designation Nominees Board of Trustees Bflo & EC
Library(2/2/05)(Mayor)
LEGISLATION
(CCP#3, 2/08)
(Richard A. Fontana, Chairman)
That the above item be and the same hereby is Received and Filed
ADOPTED
NO. 83
Req. Change name of Durant Field to "McDonald and Olskey
NO. 90
Field"
Golombek-Info Re Enforcement of Unlicensed Taxi Drivers
(Item No. 129, C.C.P., Jan. 25, 2005) (Item No.
(CCP#57, 2/08)
100, C.C.P., Feb. 8, 2005)
That the above item be and the same hereby is Received and Filed
That the above item be, and the same hereby is, returned to the
ADOPTED
Common Council without recommendation.
Mr. Fontana moved:
NO. 91
That pursuant to Buffalo Code §286-3 after a public hearing on March
P. Strada, Agent, Use 346 Military for A Pole Sign(No Pub Hrg)
8, 2005 the name of the Durant Field is to be renamed "Clyde
(CCP#56, 12/28)
McDonald and Charles Olskey Field"
That the above item be and the same hereby is Received and Filed
PASSED
ADOPTED
AYES – 8 NOES 0
NO. 84
Change name of Durant Field to "McDonald and Olskey Field"
(Item No. 25, C.C.P., Feb. 8, 2005)
J. GOLOMBEK-T. WANAMAKER-RESPONSE TO STATUS OF HUD
NO. 92 HOME FUNDING
R. Fontana-Proposed Melded Ord-Chapter 511 Section 511-136 (CCP#49, 12/28)
Use Permit That the above item be and the same hereby is Received and Filed
(CCP#55, 11/16) ADOPTED
That the above item be and the same hereby is Received and Filed
ADOPTED NO. 100
J. CHRISTIN, JR. -RESPONSE REAL ESTATE FLIPPING IN THE
NO. 93 BUFFALO AREA
(CCP#42, 1/25)
That the above item be and the same hereby is Received and Filed
J. Golombek, Tops Market LLC #213,222,232,250 Unlicensed
ADOPTED
Taxi/Jimey Drivers
(CCP#56, 12/14)
NO. 101
That the above item be and the same hereby is Received and Filed
HOUSING AND BUSINESS GRANTS & LOANS
ADOPTED
(CCP#9, 2/8)
That the above item be and the same hereby is Received and Filed
NO. 94
ADOPTED
nd
Repeal Two Way Traffic for Michigan Ave and Masten Ave Exc 2&
EDUCATION
~
3Res
(ANTOINE M. THOMPSON, CHAIRMAN)
(CCP#125, 11116)
NO. 102
That the above item be and the same hereby is Received and Filed
FRANCZYK-FUTURE FOR SCHOOL NO 44 (CCP#47, 2/8)
ADOPTED
That the above item be and the same hereby is Received and Filed
ADOPTED
NO. 95
~
Living Wage Commission(3Res)
NO. 103
(CCP#129, 11/3)
A. THOMPSON-RECOMMENDATION FOR MINORITY INCLUSION
That the above item be and the same hereby is Received and Filed
ON PHASE II OF BUFFALO SCHOOLS
ADOPTED
(CCP#48, 2/8)
NO. 96
That the above item be and the same hereby is Received and Filed
R. Fontana-Carte Media-Increase Revenue Through Advertising
ADOPTED
Garbage Bins/Recy Bins
(CCP#56, 11/16)
NO. 104
That the above item be and the same hereby is Received and Filed
A. THOMPSON-INFO BUFFALO PUBLIC SCHOOLS(HEALTH OF
ADOPTED
OUR CHILDREN)
(CCP#66, 2/8)
COMMUNITY DEVELOPMENT
That the above item be and the same hereby is Received and Filed
(JOSEPH GOLOMBEK JR., CHAIRMAN)
ADOPTED
NO. 97
MEMORANDUM OF UNDERSTANDING- BASS PRO SHOPS
NO. 105
(ITEM NO. 2, C.C.P., FEB. 22, 2005)
A. THOMPSON-SENECA VOCATIONAL HS INFO
That the above item be,and the same hereby is recommendation,
(CCP# 67,2/8)
returned to the Common Council without recommendation
That the above item be and the same hereby is Received and Filed
Mr. Golombek moved:
ADOPTED
That the Memorandum of Understanding between the Bass Pro Shops
Outdoor World, LLC and the County of Erie and the City of Buffalo, be
NO. 106
and hereby is Adopted
BD OF ED'S PLANS FOR NEW SCHOOL'S (CCP#153, 10/05)
Mr. Golombek made a motion to recommit said item seconded by Mr.
That the above item be and the same hereby is Received and Filed
Griffin
ADOPTED
AYES –FRANCZYK, GOLOMBEK, GRIFFIN, -3 NOES – BONIFACIO,
COPPOLA, FONTANA, RUSSELL, THOMPSON – 5
NO. 107
LOST
DEV POLICY FOR TAKING/REUSING CLOSED CITY
ST
SCHOOLS(#153,4/13)(EXC 1RES)
Mr. Coppola moved to amend the item by including transcripts from the
(CCP#115, 6/08)
Special Community Development Committee Meeting of March 7,
That the above item be and the same hereby is Received and Filed
2005 Seconded by Mr. Fontana.
ADOPTED
Mr. Coppola now moved to Adopt Said Item as amended seconded by
Mr. Fontana
NO, 108
AYES – BONIFACIO, COPPOLA, FONTANA, FRANCZYK, GRIFFIN,
OEV POLICY FOR TMKIN~JREUSING CLOSED CITY
RUSSELL, THOMPSON – 7 NOES –GOLOMBEK - 1
SCHOOLS(#6,5/L L)(STRAT PLAN)
ADOPTED
(CCP#116, 6/08)
That the above item be and the same hereby is Received and Filed
NO. 98
ADOPTED
T. DIINA-CDBG FUNDING CUT TO LITERACY VOLUNTEERS
NO. 109
(CCP#54, 02/22)
A.THOMPSON-HISTORY OF PUBLIC SCHOOLS IN CHARLOTTE
That the above item be and the same hereby is Received and Filed
MECKLEBERG
ADOPTED
(CCP#61, 10/05)
That the above item be and the same hereby is Received and Filed
NO. 99
ADOPTED
BUDGET COMMITTEE
NO. 119
Second Quarterly Report 2004-2005 Div of Sub Abuse (Comm
Svs)
(CCP#45, 02/08)
NO. 110
That the above item be and the same hereby is Received and Filed
P. SIMON-BFLO NEWS CHARTER SCHOOLS ISSUE TASK FORCE
ADOPTED
TO BE ESTABLISHED
RESOLUTIONS
(CCP#45, 11/16)
That the above item be and the same hereby is Received and Filed
NO. 120
ADOPTED
By: Mr. Bonifacio
Co-Sponsors: Mr. Coppola, Mr. Golombek, Mr. Thompson
NO. 111
Re: Grover Cleveland Park
RENAMING ALL HIGH STADIUM(LAW) (CCP#82, 09/07)
WHEREAS: The County of Erie agreed to terms with the City of Buffalo
That the above item be and the same hereby is Received and Filed
to maintain and operate Grover Cleveland Park as a public golf course
ADOPTED
and collect all of the generated revenue; and
WHEREAS:A condition of the agreed upon arrangement stated that
NO. 112
the County of Erie has no right to sell, transfer, or lease Grover
THOMPSON-RENAMING ALL HIGH STADIUM-HOMER B. PLATT
Cleveland Park without the City of Buffalo's consent; and
JR. (BD ED)
WHEREAS: The compact also stipulates that if the County of Erie
(CCP#99, 09/07)
ceases to operate and maintain Grover Cleveland Park as a public golf
That the above item be and the same hereby is Received and Filed
course the City of Buffalo has reversionary rights to the property; and
ADOPTED
WHEREAS: The County of Erie may be in breach of the terms of the
agreement and it may be in the best interest of the City of Buffalo to
NO. 113
exercise its reversionary rights and take back Grover Cleveland Park;
A. THOMPSON-J. ROZEK-BFLO SCHOOL DIST UNIFORM POLICY
and
(CCP#137, 09/07)
WHEREAS: By exercising our reversionary rights, the City of Buffalo
That the above item be and the same hereby is Received and Filed
would have the option of operating the golf course thereby collecting all
ADOPTED
of the generated revenue to offset operational costs, or explore the
possibility of contracting with a private enterprise for operation of the
NO. 114
golf course with potential for a revenue stream coming to the City of
A. THOMPSON-SENECA VOCATIONAL HS CERTIFIED SHOP
Buffalo; and
TEACHER
Now, Therefore Be It Resolved:
(CCP#44, 01/11)
That the Common Council hereby requests that the Corporation
That the above item be and the same hereby is Received and Filed
Council in conjunction with the Department of Public Works, Parks,
ADOPTED
and Streets, and the Department of Administration and Finance, to
research this item and determine whether it would be in the City of
NO. 115
Buffalo's best interest to exercise its reversionary rights; and
ST
SCHOOL SAFETY AND EDUCATION(EXC 1RES)
Be It Further Resolved:
(CCP#156, 12/14)
That the item goes before the City of Buffalo Common Council to be
That the above item be and the same hereby is Received and Filed
discussed in further detail in the appropriate committee.
ADOPTED
No. 121
NO. 116
By: Mr. Bonifacio
BOARD OF EDUCATION NAMING FACILITIES
Home Rule Message Senate Bill #$338, Assembly Bill
(CCP#41, 01/25)
#A876, "An Act to Amend the Local Finance, in
That the above item be and the same hereby is Received and Filed
Relation to Financing Demolition of Privately Owned
ADOPTED
Buildings that Pose a Significant Threat to Public
Safety"
NO. 117
Whereas: A Bill has been introduced in the New York State Senate
A. THOMPSON-RECOMMENDATION FOR MINORITY INCLUSION
#S338 and New York State Assembly #A876, to Amend the Local
ON PHASE II OF BFLO SCHOOLS
Finance, in Relation to Financing Demolition of Privately Owned
(CCP#56, 01/25)
Buildings that Pose a Significant Threat to Public Safety; and
That the above item be and the same hereby is Received and Filed
Whereas: Under existing law, only municipally owned structures or
ADOPTED
buildings, or any building or structure owned by a school district or
district corporation, that are deemed to be unsafe or are no longer
SPECIAL COMMITTEES
useful may be demolished using bond funds; and
Whereas: At present, municipalities such as the City of Buffalo are
NO. 118
restricted from using bonds for emergency demolitions; Presently the
Future for School 44
City of Buffalo is using its Community Block Grant Funds (CDBG) for
(Item No. 124 C.C.P., Jan. 25, 2005)
emergency demolitions of privately-owned properties, and that source
That the Common Council supports a fully staffed and operational
of funds is rapidly being depleted, by the sheer number of emergency
primary school in Broadway-Fillmore, possibly at a rehabilitated and
demolitions that are deemed necessary by City's Fire Department,
rebuild Lincoln Academy, where student performance has boon
thereby leaving little funds available for other types of demolitions that
improving, despite recent underperformance; and
are needed in the City of Buffalo; and
That the Common Council solicits comments from the Board of
Whereas: Although some funds may be recovered by the City of
Education and School Administrators on this issue.
Buffalo to cover the costs of these emergency demolitions from the
ADOPTED
property owners insurance carrier, the City of Buffalo may be required
in most cases to provide the initial outlay of funds for demolitions at
(Dominic J. Bonifacio Jr., Chairman)
taxpayers expense; However, in many cases, the emergency
demolitions are done on abandoned properties, meaning that there is
no financial return to the City of Buffalo; and Whereas: The Common Council has passed a resolution requesting
Whereas: It is believed that the use of current or future bond funds for that the Waterfront Redevelopment Urban Renewal Plan be amended
emergency demolitions within the City of Buffalo for privately owned to include the Erie Canal Harbor Project Amendment; and
properties, is an activity that should be allowed to be utilized by the Whereas: The Erie Canal Harbor Project Area is completely
City of buffalo to ensure the public well being of City residents; encompassed within the overall Waterfront Project boundaries; the
Now, Therefore, Be It Resolved That: New York State Thruway on the north, Erie Street on the west, the
The Common Council of the City of Buffalo hereby goes on record in Buffalo River on the south and Washington Street east but also to
support of Senate Bill #$338 and Assembly Bill ##876, "An Act to include the NFTA's DL&W Building, with the potential to amend the
Amend the Local Finance, in Relation to Financing Demolition of plan's boundaries to include Michigan Avenue; and
Privately Owned Buildings that Pose a Significant Threat to Public Whereas: The amendment would include the clearance of structures
Safety; and and Improvements to the Naval & Museum and Park complex; recon-
Be It Further Resolved That: figuration of the existing bulkhead line to create a new commercial
The City Clerk is hereby authorized and directed to forward certified harbor with intermodal transportation emphasis; and assembly and re-
copies of the adopted resolution to the Home Rule Counsels of the disposition of cleared and vacant land to accommodate the
New York State Senate and the New York State Assembly, Governor construction of a new public and mixed use development at the historic
George Pataki, the Senate Majority Leader Joseph Bruno, Assembly western terminus of the Canal; and
Speaker Sheldon Silver, Assembly Majority Leader Paul Tokasz, and Whereas: the designation of said area will allow for the systematic,
to members of the Western New York State Legislative delegation long term re-planning, reinvestment and redevelopment of the area;
ADOPTED and
Whereas: the designation and redevelopment of said area will provide
NO. 122 new economic development and job opportunities to the community at
Mr. Coppola large and will aid in the stabilization of local property tax rolls and
Excuse Councilmember Brian C. Davis From Session provide a framework for public and private reinvestment within the
Whereas: Ellicott District Councilmember Brian Co Davis will not be in area; and
attendance for Common Council session on Tuesday, March 8, 2005; Whereas: a public hearing on the matter was held upon due notice
and before the City Planning Board in Room 901 City Hall on September
Whereas: Councilmember Brian C. Davis has requested permission to 28, 2004 at 8:00am at which the proposed amendment was presented
be excused from said session. and explained in detail, and those desiring to be heard were heard,
Now Therefore Be It Resolved: and
That this Common Council excuses Councilmember Brian C. Davis Whereas: a public hearing on the matter is to be held upon due notice
from attendance for the session to be held on Tuesday, March 8, 2005. before the Common Council of the City of Buffalo in Room 1308 City
ADOPTED Hall on March 22, 2005, at 2:00pm at which hearing the proposed
Amendment was to be presented and explained in detail
NO. 123 Now Therefore Be It Resolved That:
By: Mr. Coppola We the duly appointed members of the City Planning Board of and for
Subject: Citywide Crack Sealing Program the City of Buffalo, do hereby report to the Common Council and certify
Whereas: The City of Buffalo spends millions of dollars annually to our unqualified approval of the Erie Canal Harbor Project Area
pave and overlay City streets and fill potholes; and amendment as defined in Subdivision 3 of Section 502, Article 15 of
Whereas: Many potholes are created due to cracks that subsequently the New York State Municipal Law and do hereby designate the area,
cause water to rest beneath the pavement; and pursuant to Section 504, Article 15 of the New York State General
Whereas: During the winter months the water freezes and causes the Municipal Law, as being appropriate for urban renewal treatment; and
pavement to lift, resulting in potholes and damaged streets; and Be It Further Resolved:
Whereas: One way to reduce the amount of potholes and damage to That the Director of the Office of Strategic Planning is directed and has
City streets, especially those which were most recently re-paved, is to authorized the amendment to the Waterfront Redevelopment Urban
fill and seal the cracks before the water is able to seep beneath the Renewal plan for the long-term, comprehensive redevelopment of the
surface; and designated Erie Canal Harbor Project area;
Whereas: By instituting a crack sealing program, every year, the City REFERRED TO THE COMMITTEE ON COMMUNITY
will extend the life of newly paved streets, mitigate the amount of DEVELOPMENT
potholes that develop each year, and save money as a result; and
Whereas: The City of Buffalo has, in the past, hired contractors to NO. 125
perform this work on a citywide basis; and RESOLUTION
Whereas: Currently, the City of Buffalo is not under contract with any MR. COPPOLA
company, and lacks the manpower or resources within its own HOME RULE MESSAGE ASSEMBLY Bill #5378
departments, but will benefit from a yearly crack sealing program. HOME RULE MESSAGE ASSEMBLY Bill #5378, "An Act to amend the
Now therefore be it resolved that: elder law, in relation to designated agencies in certain cities."
The Common Council does hereby request that the Commissioner of WHEREAS: A Bill has been introduced in the New York State
Public Works, Parks, and Streets advertise for bids for a citywide Assembly #5378 An Act to amend the elder law, in relation to
sealing contract for the 2005 construction season; and designated agencies in certain cities; and
Be it further resolved that: WHEREAS: Currently, senior citizen funding is allocated to a county
The Common Council acknowledges that the advertising and opening agency on the aging. This legislation would give cities such as
of such bids does not cause the commissioner to enter into contract, Yonkers, Buffalo, Rochester and Syracuse, which are larger than many
but, does provide the commissioner with the cost of a sealing program, counties, the ability to receive direct funding for senior programs.
which he than can file with the Common Council for review and further Now Therefore Be It Resolved:
consideration. That the Common Council of the City of Buffalo hereby goes on record
REFERRED TO THE COMMITTEE ON FINANCE AND THE in support of Assembly Bill #5378, "An Act to amend the elder law, in
COMMISSIONER OF PUBLIC WORKS relation to designated agencies in certain cities."
Be It Further Resolved That:
NO. 124 The City Clerk is hereby authorized and directed to forward certified
Mr. Coppola copies of this resolution and to send copies thereof to the Home Rule
Erie Canal Harbor Project Amendment Counsel of the Senate and the Assembly and to Governor George
Pataki, to Assembly Speaker Sheldon Silver, to the Assembly Majority Be it further resolved that:
Leader Paul Tokasz, to the Secretary of the Senate, to the Senate The Common Council continues to urge the New York State Thruway
Majority Leader Joseph Bruno, and to members of the Western New Authority to remove and/or relocate the Black Rock and Ogden Street
York Legislative delegation. toll barriers; and
ADOPTED Be it finally resolved that:
The City Clerk is directed to send certified copies of this resolution to
NO. 126 the Director of the New York State Thruway Authority, Michael
MR. COPPOLA Fleisher, Governor George Pataki, and the WNY State Delegation.
HOME RULE MESSAGE SENATE BILL #278, ASSEMBLY #2442,
"An Act TO amend the Local Finance Law, in relation to the sale NO. 128
of bonds and notes of the City of Buffalo." Mr. Coppola
Whereas: A Bill has been introduced in the New York State Assembly Mr. Thompson
#2442, and New York State Senate #278 to amend the Local Finance Rental Dwelling Unit Registry/Certificate of Occupancy
Law, in relation to the sale of bonds and notes of the City of Buffalo; WHEREAS: The City of Buffalo recently passed the Rental Unit
and Dwelling Registry Law, requiring all non owner-occupied property
WHEREAS: This legislation is simply a one year extender of existing owners of single and two family dwellings to register their properties
law to allow the City of Buffalo to sell its with the City of Buffalo and pay a fee of twenty dollars per year for a
ADOPTED
bonds at private sale; and single family dwellings and forty dollars per year for a two-family
WHEREAS: The present law, which expires dwelling, equating to twenty dollars per dwelling per year; and
on June 30, 2005, has given the City of Buffalo a valuable tool to WHEREAS: City of Buffalo Zoning Code 511-129 requires dwellings of
provide expeditious funds for projects which require immediate three units or more to secure a Certificate of Occupancy having a fee
attention; and of twenty-five dollar per rental unit fee plus a twenty dollar total unit fee
WHEREAS: Since this law has already proven its usefulness, an for a five year period, amounting to ninety-five dollars; and
extension of one year would provide the City with enough financial WHEREAS: A Comparison of the Rental Registry and Certificate of
flexibility to encounter any further needs in that time frame. Occupancy fees over a five year period shows that a single-family
Now Therefore Be It Resolved: dwelling would be charged a total of one hundred dollars for rental
That the Common Council of the City of Buffalo hereby goes on record registry, a two-family dwelling would be charged two hundred dollars
in support of Assembly Bill #2442, and Senate Bill #278, "An act to for rental registry, and a three-family dwelling, would be charged
amend the Local Finance Law, in relation to the sale of bonds and ninety-five dollars for a certificate of occupancy; and
notes of the City of Buffalo." WHEREAS: The apparent disparity between the current Rental
Be It Further Resolved That: Registry and Certificate of Occupancy fee structures is onerous and
The City Clerk is hereby authorized and directed to forward certified creates an inequity that is unfair to single and two-family property
copies of this resolution and to send copies thereof to the Home Rule owners; and
Counsel of the Senate and the Assembly and to Governor George WHEREAS: The intent of the rental registry program was not to
Pataki, to Assembly Speaker Sheldon Silver, to the Assembly Majority generate revenue, although the revenue finances the program, but to
Leader Paul Tokasz, to the Secretary of the Senate, to the Senate facilitate the creation and maintenance of a database of property
Majority Leader Joseph Bruno, and to members of the Western New owners within the City of Buffalo to enable City departments to identify
York Legislative delegation. owners of problem properties more timely and efficient manner; and
ADOPTED WHEREAS: This Common Council recognizes the need to support
these housing regulatory programs and mitigate their disparate fee
structures.
NO. 127
Now therefore be it resolved that:
Sponsor: Mr. Coppola
That this Common Council recognizes the disparate fee structure of
Co-Sponsor: Mr. Griffin, Mr. Thompson, Mr. Fontana
the City of Buffalo Rental Registry and Certificate of Occupancy Code
Subject: Discounts at Black Rock and Ogden Street Toll Barriers
programs, and requests that the City Corporation Counsel amend the
WHEREAS: The Common Council has passed a resolution requesting
City Code to reflect the following:
that the New York State Thruway Authority remove the Black Rock and
The Rental Registry Fee of twenty dollars for singly-family dwellings
Ogden Street Toll Barriers; and
and forty dollars for a two-family dwelling will be due upon registry and
WHEREAS: The New York Thruway Authority has reported recently
thereafter, upon renewal every Three Years; and
that they do not intend to remove either of the two barriers and that the
That such fees be staggered in one-third (1/3) segments to lessen the
barriers are needed and necessary for the operation and maintenance
administrative burden associated with the program; and
of the Thruway; and
Be it further resolved that:
WHEREAS: Due to these barriers, City of Buffalo residents are
The Ordinance Amendment include an immediate passage clause to
charged for commuting within the boundaries of their own city, a
become effective immediately, upon Common Council approval and
situation that exists nowhere else in New York State; and
the requisite public hearing and signature of the Mayor; and
WHEREAS: Residents of Grand Island are given a discounted rate of
Be it further resolved that:
$0.09 for the tolls at both the north and south Grand Island Bridges,
The Corporation Council files this Ordinance Amendment with the City
and commuters, who are not residents of Grand Island, who use these
Clerk no later than 2:00 PM on Thursday, March 17, 2005 for
bridges can obtain a discounted rate of $0.13; and
consideration at the Council's regularly scheduled meeting to be held
WHEREAS: The toll discount given to the residents of Grand Island
on Tuesday, March 22, 2005.
demonstrates that such discounts can be provided to specific groups of
Be it finally resolved that:
people in specific geographic areas and is a substantial savings to the
This resolution is recommended to the Legislation Committee of the
normal rate of $0.50; and
Common Council for further consideration.
WHEREAS: Residents of the City of Buffalo should enjoy the benefit
ndrd
ADOPT 1st, 2 & 3 RESOLVE THE LAST REFERRED TO THE
that the residents of Grand Island enjoy.
COMMITTEE ON LEGISLATION
Now Therefore Be It Resolved That:
AYES – BONIFACIO, COPPOLA, GOLOMBEK, GRIFFIN, RUSSELL
The Common Council of the City of Buffalo hereby requests that the
AND THOMPSON – 6
New York State Thruway Authority offer discounted toll rates at the
NOES – FONTANA & FRANCZYK – 2
Black Rock and Ogden Street tolls to City of Buffalo residents, equal to
the rates offered to residents of Grand Island; and
NO. 129
Sponsor: Mr. Coppola Capital Projects
Co-Sponsor: Mr. Bonifacio, Mr. Griffin, Mr. Thompson That, Pursuant to {}20-11 of the Charter and the Certificate of the
Subject: Zoning/Planning Hearing Notifications Mayor and the Comptroller submitted to the Common Council; the
WHEREAS: The City of Buffalo Zoning and Planning Boards appropriation in the Capital Budget for the current fiscal year, be and
respectively review and approve various requests from property the same hereby is increased in the sum of $88,000.
owners that are altering their properties; and The increased appropriation will be met from the
WHEREAS: Prior to their respective approvals the City Charter Unreserved/Designated Fund Balance for Reengineering Agreements.
requires, depending upon current zoning regulations and work being That, the comptroller be and hereby is authorized and directed to
done, that each of these Boards hold public hearings and notify nearby increase the appropriation estimates of accounts:
residents and property owners of said hearing, including in the From:
notification the time, date, and place of said hearing as well as the 10700096-397000 Unreserved/Designated Fund Balance for
nature of the request; and Reengineering Agreements $88,000
WHEREAS: The Zoning Board and the Planning Board mail to To:
residents respectively, but do not use the same formula as to which 17523008 - 489130 Transfer out to Capital Project $88,000
residents are to receive notices: Zoning Board, 300 Ft. on each side From:
and 50 Ft to the front and rear; Planning Board, 400 Ft. in 17523008 - 489130 Transfer out to Capital Project $88,000
circumference of property; and To:
WHEREAS: Because notification policies differ from one board to the 30062306 -445100 Elmwood/Hertel Fire House Acquisition &
other, residents may be notified for one hearing but not the other; and Construction $88,000
WHEREAS: In cases which require both zoning and planning board PASSED
approval, the zoning board reviews and acts before the planning board AYES – 8 NOES - 0
does; and NO. 132
WHEREAS: This creates a scenario whereby not all residents are By: Mr. Davis
notified of the zoning hearing, and subsequently learn about the zoning Increased Appropriation
hearing due to the notification of the planning hearing, causing those Reserve for Capital Outlay City Clerk
not notified in the first instance to feel cheated of their right to attend That, Pursuant to §20-11 of the Charter and the Certificate of the
the zoning hearing. Mayor and the Comptroller submitted to the Common Council, the
Now therefore be it resolved that: appropriation in the budget for the current fiscal year for Appropriation
This Common Council requests that the Zoning and Planning boards Allotments City Clerk - Capital Outlay, be and the same hereby are
adopt a policy of public notification that is consistent when both boards increased m the sum of $10,000.
are required to review and approve requests regarding the same That, the comptroller be and hereby is authorized and directed to
property and/or project; and increase the appropriation estimate of account:
Be it further resolved that: From:
That the Zoning Board and Planning Board file their respective 10700096 - 397200 - Reserve for Capital Budget $10,000
responses to this resolution with the City Clerk no later than 2:00 PM To meet the increased appropriation as set forth below:
on Thursday, March 22, 2005; and To:
Be it finally resolved that: 10220007-397200 City Clerk – Equipment $10,000
This resolution is referred to the Legislation Committee of the Common PASSED
Council awaiting the response from the respective boards. AYES – 8 NOES – 0
STNDRD
ADOPT 1 AND 2 THE 3 REFERRED TO THE COMMITTEE
ON LEGISLATION
NO. 133
NO. 130 BY: MR. DAVIS
By: Mr. Davis TRANSFER OF FUNDS
Capital Budget Amendment GENERAL CITY CHARGES - NYSPFRS
Authorization for Additions to the 2005 Capital Budget and VARIOUS
Rescission of previously Authorized Capital Indebtedness in 2004 That pursuant to §20-12 of the Charter and the Certificate of the Mayor
That pursuant to §20-28 of the Charter and the Certificate of the Mayor and the Comptroller submitted to the Common Council, the sum of
and the Comptroller submitted to the Common Council, the Capital $1,854,129 be and the same is hereby transferred from General City
Program for the fiscal year 2005 be and the same is hereby amended Charges - NYSPFRS and said sum is hereby reappropriated as set
by adding the following items 3xnd~r the heading and rescinding a forth below:
previously authorized but unissued bond: General City Charges
Additions to the 2005 Capital Budget 17303002-423002 NYSPFRS $1,854,129
Capital Projects - Public Works - Engineering 12553006-432003 Human Resources - Legal $85,000
Infrastructure Improvements $1,250,000 10546006-432003 Law - Legal $199,500
Capital Projects - Public Works - Buildings 10546006-480000 Law - Other - Title Search $25,000
Improvements to City owned buildings $1,525,000 17221008-480205 Judgement & Claims $1,279,629
Capital Projects - Public Works - Streets 10647005-461001 Assessment - Office Supplies $100,000
Purchase of New Snow Plows $1,000,000 11781005-465001 Inv & Stores - Auto Supplies $150,000
Strategic Planning - Environmental Remediation $1,000,000 11781005-465002 Inv & Stores - Tires & Tubes $15,000
Rescission to the 2004 Capital Budget TOTAL $1,854,129
Firehouse Acquisition/Construction (3) PASSED
(Authorized but Unissued) $6,530,000 AYES - 8 NOES - 0
PASSED
AYES – 8 NOES – 0 NO. 134
BY: MR. DAVIS
NO. 131 CAPITAL BUDGET AMENDMENT
By: Mr. Davis ADDITION TO CAPITAL PROGRAM 2005
Increased Appropriation That pursuant to §20-28 of the Charter and the Certificate of the Mayor
Fund Balance and the Comptroller submitted to the Common Council, the Capital
Program for the fiscal year 2005 be and the same is hereby amended To
by adding the following item under the heading: Engineering - Repair & Const. Public Improvements
Capital Projects 13111007 - 474200 Capital – Vehicles $32,000
Public Works - WiFi Corridors $800,000 PASSED
PASSED AYES - 8 NOES - 0
AYES - 9 NOES - 0
NO. 137
BY: MR. DAVIS
NO. 135 TRANSFER OF FUNDS
BY: COUNCIL MEMBER BRIAN C. DAVIS COMMON COUNCIL- LEGISLATIVE
ERIE CANAL HARBOR PROJECT AMENDMENT That pursuant to §20-12 of the Charter and the Certificate of the Mayor
WATERFRONT REDEVELOPMENT URBAN RENEWAL PLAN and the Comptroller submitted to the Common Council, the sum of
WHEREAS, the Office of Strategic Planning has recommended that $2,900 be and the same is hereby transferred within Common Council
the Erie Canal Harbor Project area, consisting of and situated within Legislative and said sum is hereby reappropriated as set forth below:
the area generally bounded by the street right-of-ways of the New York From
State Thruway on the north, Buffalo River on the south, Erie Street on Common Council
the west & Washington Street on the east but also to include the Legislative - Councilmember 3 $2,900
NFTA's DL&W Building, with the potential to amend the boundaries to 10104001 - 411001 Annual Salaries
include Michigan Avenue. The Amendment would include the To
clearance of structures and improvements to the Naval & Museum Common Council Legislative $2,900
Park Complex; Reconfiguration of the existing bulkhead line to create a 10102001- 412002 Hourly Salary
new commercial harbor with intermodal transportation emphasis; and PASSED
assembly and re-disposition of cleared and vacant land to AYES - 8 NOES – 0
accommodate the construction of a new public and private mixed-use
development at the historic western terminus of the Canal; NO. 138
WHEREAS, the designation of said area will allow for the systematic, BY: MR. FONTANA
long term re-planning, reinvestment and redevelopment of the area; CITY OF BUFFALO
and LOCAL LAW NO. -- (2005)
WHEREAS, the designation and redevelopment of said area will INTRODUCTORYNO. 4 (2005)
provide new economic development and job opportunities to the A LOCAL LAW
community at large and will aid in the stabilization of local property tax amending the Charter of the City of Buffalo in relation to the
rolls and provide a framework for public and private reinvestment establishment of the Office of Homeland Security/Emergency
within the area; and Management.
WHEREAS, a public hearing on the matter was held upon due notice BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF
before the City Planning Board in City Hall Room 901 on September BUFFALO AS FOLLOWS:
28, 2004 at 8:00 a.m., at which the proposed amendment was Section 1. That Article 14A of the Charter of the City of Buffalo,
presented and explained in detail, and those desiring to be heard were adopted pursuant to law, is hereby created as follows:
heard, § 14A- 1. Office of Homeland Security/Emergency Management.
WHEREAS, a public hearing upon the matter was held upon due This local law shall establish under the Executive Department the
notice before the Common Council of the City of Buffalo in Room 1308 Office of Homeland Security/Emergency Management for the City of
City Hall on March 22, 2005, at 2:00p.m. at which hearing the Buffalo.
proposed Amendment was presented and explained in detail, and §14A-2 Homeland Security Commissioner
those desiring to be heard were heard, This section establishes the position of Homeland Security
NOW THEREFORE BE IT RESOLVED, that we the duly appointed Commissioner. The Homeland Security Commissioner shall be
members of the City Planning Board of and for the City of Buffalo, do appointed by the Mayor and confirmed by the Common Council. The
hereby report to the Common Council and certify our unqualified minimum qualifications for this position are as follows:
approval of the amendment of the above described Erie Canal Harbor Master's Degree in Public Administration, Business Administration,
Project Area as defined in Subdivision 3 of Section 502, Article 15 of Government Management, Industrial Engineering, or a closely related
the New York State Municipal Law and do hereby designate the area, field, and four years of full-time responsible experience in public
pursuant to Section 504, Article 15 of the New York State General administration, including research and finance, two years of which
Municipal Law, as being appropriate for Urban Renewal treatment; and must have been emergency management experience;
BE IT FURTHER RESOLVED, that, the Coordinator of the Office of b) Bachelor's Degree in Public Administration, Business
Strategic Planning is hereby directed and has authorized the Administration, Government Management, Industrial Engineering, or a
Amendment to the Waterfront Redevelopment Urban Renewal Plan for closely related field, and six years of full-time experience in public
the long term, comprehensive redevelopment of the designated Erie administration, including research and finance, four years of which
Canal Harbor Project Area. must have been emergency management experience;
RECEIVED AND FILED OR
NO. 136 c) Graduation from High School, GED, or Equivalency Diploma, and
BY: MR. DAVIS eight years of full-time responsible experience in public
TRANSFER OF FUNDS administration, including research and finance, six years of which
ENGINEERING must have been emergency management experience;
That pursuant to §20-12 of the Charter and the Certificate of the Mayor OR
and the Comptroller submitted to the Common Council, the sum of d) An equivalent combination within the limits of A, B, and C; and
$32,000 be and the same is hereby transferred within Common e)Possession of a current NYS Driver's License that must be
Council Legislative and said sum is hereby reappropriated as set forth presented at the time of appointment and maintained during
below: employment;
From Completion of the Certified Emergency Manager (CEM) program
Engineering – Traffic $32,000 through the National Coordinating Council on Emergency Management
13191007 - 474200 Capital – Vehicles within six months of the date of appointment; and
g)HAZMAT Technician certification level or higher to be presented NOTE: Matter in brackets [ ] to be deleted; matter underlined is new.
within six months of the date of employment. REFERRED TO THE COMMITTEE ON LEGISLATION
§ 14A-3 Powers and Duties of the Homeland Security Commissioner.
The powers and duties of the Homeland Security Commissioner shall NO. 139
include, but are not limited to the following: BY: MR. FONTANA CO SPONSORS:
a)Monitor the need for, and coordinate the City's response to all POTENTIAL CLOSURE OF NIAGARA FALLS AIR STATION
emergency conditions and potential incidents which require a City Whereas The Base Realignment and Closure Commission is, once
multi-departmental/agency response, including but not limited to, again, considering the possibility of Closing the Niagara Falls Air
severe weather, threats from natural hazards and natural disasters, Reserve Station; and
power and other public services outages, labor unrest other than the Whereas The Commission considered closing the station in 1995, but
keeping of the peace, water main breaks, transportation and transit the plan was rejected when two other bases in New York State,
incidents, hazardous substance discharges, building collapses, Plattsburgh and Griffis, were closed; and
th
aviation disasters, explosions, acts of terrorism and such other
Whereas The Air Force Reserve's 914Airlift Wing and the National
emergency conditions and incidents that affect public health and
th
Guard's 107
safety;
Air Refueling Wing are housed on the Niagara Falls Base; and
b)Prepare plans for responding to emergency conditions and for
Whereas The Air Base accommodates 3,000 reservists and
potential incidents including the implementation of emergency orders
guardsmen and 800 civilian employees; and
issued by the Mayor to protect public safety and health. To facilitate
Whereas Closing the Niagara Falls Air Force Base will negatively
the rapid response and mobilization of CiW departments/agencies, and
impact the economy in the Buffalo-Niagara Region and raises some
to assist Federal, State, County, and City agency officials with disaster
national security concerns as well; and
response and mitigation;
Whereas The Base Realignment and Closure Commission will propose
c)Serve as the City of Buffalo's Radiological Defense Officer;
a list of base closing recommendations to Congress that Congress can
d)Provide support to the Emergency Preparedness Volunteer Program;
either reject or accept; and
e)Advise City departments on their emergency plans, and coordinate
Now, Therefore Be It Resolved:
interdepartmental activities
That the City of Buffalo Common Council implores Congress,
f)Make recommendations to the Mayor concerning the City's
particularly, the New York State Delegation to reject any proposal to
emergency response capabilities and capacity to address potential
close the Niagara Falls Air Reserve Station.
emergency conditions and potential incidents, which will include
Be It Further Resolved:
reviewing proposed and adopted Federal, State and County legislation,
That certified copies of this resolution be sent to the President of the
applications for funding for emergency management, disaster relief,
United States, the Governor of the State of New York, the Honorable
and homeland security emergency management. In addition, the
members of the New York State Congressional Delegation, the
Commissioner shall assist other City departments and agencies in
Honorable Members of the Niagara Falls City Council, and to the
obtaining such funding;
Honorable Members of the Niagara County Legislature.
g)Operate the City's Emergency Operations Center (EOC), and
ADOPTED
manage emergency conditions and potential incidents that may require
a City multi-departmental, multi-agency and/or multi-governmental
NO. 140
response;
BY: MR. FONTANA , MR. BONIFACIO, MR. FRANCZYK, MR.
h)Establish training programs for public safety and health, by
GRIFFIN, MRS. RUSSELL, MR. THOMPSON, MR. GRIFFIN
conducting emergency response drills, to maintain a high level of
RE: PROPOSED CHANGE TO DELICATESSEN LICENSE
preparedness for emergency situations, and for potential incidents
APPROVAL PROCESS
requiring multi-departmental and/or multi-agency responses;
Whereas The Common Council recently passed an ordinance granting
i)Initiate an on-going public awareness campaign to ensure the public
the Council approval powers over the licensing of Delicatessens and
has access to information regarding responses by members of the
other similar food stores located within the City limits; and
public to emergency conditions and potential incidents. In addition, the
Many factors are considered before a food store license is granted.
Commissioner will make recommendations to
The factors considered include, but are not limited to, activities taking
improve the City's systems for disseminating information to the public,
place in currently licensed establishments that pose a threat of harm to
and provide information for hazard identification and mitigation
City residents; and
procedures. The Commissioner shall also provide the public and media
Whereas Several Food Stores operating within the City of Buffalo and
organizations with accurate and timely information regarding
holding a valid license are engaging in illegal activity unrelated to the
emergency management, planning, response and hazard mitigation in
sale of food that is placing residents at risk; and
the City of Buffalo.
Whereas Certain establishments are actively engaged in illegal activity
j)Hold monthly meetings of designated emergency response personnel
such as narcotics trafficking as well as the sale and distribution of drug
from all City departments and agencies that are determined by the
paraphernalia; and
Commissioner to have a direct or support role in the City's
Whereas It is the mission of this Council to represent the Citizens of
management of emergency conditions and incidents that may require a
Buffalo and do its very best to protect the Citizens from the foreseeable
City multi-departmental and/or multi-governmental response;
harm that any illegal activities taking place can pose; and
k)Coordinate with all City departments and agencies to ensure the
Now, Therefore Be It Resolved:
development and implementation of emergency response plans in
Whereas That this Common Council requests that the Law Department
connection with planning major City events]
amend the current City Ordinance related to the licensing of food
1)Coordinate with County, State, Federal and other governmental
stores and other related establishments to allow the Council to deny or
agencies to effectuate the purposes of this department;
revoke the licenses of food stores known to be engaged in the
m) Promulgate such rules and regulations as may be necessary to
trafficking of narcotics and narcotics paraphernalia.
implement the provisions of this chapter, subiect to review by the
Be It Further Resolved:
Corporation Counsel.
That Commissioner of Police provide to the Common Council a list and
Section 2. Insofar as the provisions of this local law are inconsistent
description of paraphernalia that is common to the drug trade.
with the provisions of any other local law or act, the provisions of this
Therefore Be It Finally Resolved:
local law shall be controlling.
hat the Law Department file with the Council an amended Food Store
Section 3. This local law shall take effect immediately.
License within two (2) weeks of obtaining the aforementioned report
APPROVED AS TO FORM
form the Commissioner of Police
Corporation Counsel
ADOPT IST, 2ND AND 3RD RESOLVE THE REMAINDER Whereas The Clinton Bailey Community Association was organized in
REFERRED TO THE COMMITTEE ON LEGISLATION early 2003 to fight for removal of the infamous "New York City Garbage
Train" that intruded on their neighborhood causing innumerable health
NO. 141 and quality of life problems; and
BY: MR. FONTANA Whereas The Clinton Bailey Community Association now focuses on
RE: DISCHARGE ITEM FROM THE LEGISLATION COMMITTEE - neighborhood beautification projects, quality of life issues, and general
COM 42, CCP Feb 8, 2005, "Food Store License 1070-1074 community improvements; and,
Kensington(Univ)(Permits)" is currently before the Legislation Whereas The Clinton Bailey Community Association plans to install
Committee and decorative street lamppost banners to visually enhance their
It is no longer necessary for this item to be considered by that neighborhood year round; and,
committee; Whereas The Clinton Bailey Community Association has identified the
Now, Therefore, Be It Resolved That: streetlamp posts m
This Common Council does hereby discharge the Legislation 1221,1230,1237,1250,1259,1272,1283,1306,1311,1322, 1329, 1342,
Committee from further consideration of COM 42, CCP Feb 8, 2005, 1353, 1372, 1383, 1396, 1404, 1417Clinton Street, and 614, 620
"Food Store License 1070-1074 Kensington(Univ)(Permits)" and said Bailey Avenue for this banner project; and
item is now before the Council. Whereas The Clinton Bailey Community Association will notify City of
Richard Fontana Buffalo's Department of Public Works in order to ensure that all
ADOPT DISCHARGE DENY requirements for proper installation are met;
NOW, THEREFORE, BE IT RESOLVED: That this Common Council
NO. 142 grant permission to the Clinton Bailey Community Association to hang
SPONSOR: MR. FONTANA decorative banners on the above aforementioned street lampposts.
RE: HOME RULE MESSAGE - ASSEMBLY BILL #A3052 AND ADOPTED
SENATE BILL #S1606 - "AN ACT TO AMEND THE ALCOHOLIC
BEVERAGE CONTROL LAW, IN RELATION TO LICENSE FEES" NO. 144
Whereas A Bill has been introduced in the NYS Assembly, #A3052, BY: MR. FRANCZYK
and in the NYS Senate, #S1606- "An act to amend the alcoholic SHIFT OF OPERATION INTO EMPIRE ZONE
beverage control law, in relation to license fees"; and Whereas: Kavinoky Cook LLP has been providing legal services in the
Whereas The City of Buffalo is home to many establishments that are City of Buffalo since 1949 and was previously located at 120 Delaware
required to purchase a liquor license in order to sell alcoholic Avenue, and;
beverages; and Whereas: Kavinoky Cook LLP recently was forced to vacate its
Whereas Many of these establishments are small, neighborhood-premises at 120 Delaware Avenue and has shifted its operations to a
based bars and restaurants; and new location at 726 Exchange Street effective July 24, 2004, and;
Whereas The cost of a two-year liquor license for a business located in Whereas: Kavinoky Cook LLP employs 29 FTE employees and
the City of Buffalo is $3,100, while the same suburban-based business anticipates that it will be adding from 3 to 6 additional FTE employees,
pays $1,500 for the same two year license; and and;
Whereas The New York State Liquor Authority cites "population Whereas: Kavinoky Cook LLP met with the Buffalo Economic
differences" and a higher population density in the City of Buffalo and a Renaissance Corporation and wishes to remain and expand in Buffalo
lesser population and density in the suburbs as the reason for this NOW THEREFORE BE IT RESOLVED:
higher rate charged to businesses located in the City of Buffalo; and That the City of Buffalo consents to the relocation and shift of
Whereas Over the past few decades, the population has shifted to the operations of Kavinoky Cook LLP
suburbs and away from the city; yet the license fees charged by the AND BE IT FURTHER RESOLVED
New York State Liquor Authority have not been modified to reflect the That the Buffalo Common Council approve this resolution as soon as
population shift away from the City of Buffalo; and possible.
Whereas The current policy and fee schedule, which penalizes PASSED
businesses in the City of Buffalo, must be changed so that city AYES -8 NOES - 0
establishments no longer pay an exorbitant amount more than their
suburban counterparts for the same license; and NO. 145
Whereas By reducing license fees in the City of Buffalo to the same BY: MR. FRANCZYK
levels that are charged in the suburbs, new businesses and larger TRAILBLAZING SIGN REQUEST FOR REV. MAEEO M. FREEMAN
chain restaurants would be encouraged to locate in the City of Buffalo. Whereas Rev. Maceo M. Freeman served as Pastor of Centennial
Equal fees would also serve to keep existing city-based businesses A.M.E. Zion Church from 1979 until his untimely death in October
from being enticed to move their establishments to the lower-priced 2003; and
suburban areas outside the City of Buffalo; Whereas While serving at Centennial A.M.E. Church for almost a
Now, Therefore, Be It Resolved: quarter century, Rev. Freeman saw church membership increase and
The Common Council of the City of Buffalo goes on record in support became a well-known figure to the East Side of Buffalo and throughout
of Assembly Bill #A3052 and Senate Bill #S1606- "An act to amend the Western New York; and
alcoholic beverage control law, in relation to license fees"; and Whereas In 1980, Rev. Freeman opened and operated a food pantry
Be it Further Resolved: and soup kitchen in the area. Also, the Kids Cafr, a program co-
That the City Clerk send certified copies of this resolution to Governor sponsored by the Food Bank of Western New York, which provides
George Pataki, to Assembly speaker Sheldon Silver, to the Clerk of the tutoring, snacks, and arts and crafts for neighborhood children was
Assembly, to Assembly Majority Leader Paul Tokasz, to the Secretary opened. The highly successful program is still serving the community
of the Senate, to Senate Majority Leader Joseph Bruno, to members of today; and
the Western New York delegation, and to the New York State Liquor Whereas For many years Rev. Freeman ministered to those serving
Authority. time at the Wyoming, Orleans, Albion, and Collins Correctional Facility;
Richard A. Fontana and
ADOPTED On July 8, 2005, Centennial A.M.E. Zion Church will be celebrating 30
years of serving the Doat/Goemble community and the City of Buffalo;
NO. 143 In honor of Rev. Maceo M. Freeman, the Centennial A.M.E. Zion
BY: MR. FRANCZYK Church has respectfully requested that this Honorable Body place two
BANNERS VARIOUS LAMP POSTS CLINTON ST BAILEY AVE trailblazing markers up at the intersection of Doat and Goemble Street;
Now, Therefore be it Resolved: Non-Homestead tax ratepayers already pay a significantly higher tax
That the Common Council joins in with the members of Centennial rate than. Homestead ratepayers. The Non-Homestead rate is
A.M.E. Zion Church in expressing its sincere appreciation to Rev. sufficient to cover the cost of code enchroachment services for rental
Freeman for his dedication and commitment to his congregation, units located within Non-Homestead classified properties. To charge
community, family, and residents of the City of Buffalo; and an additional fee in addition to the higher tax rate is re-fair to the Non-
Be it Further Resolved: Homestead rate payers, and
That the Common Council of the City of Buffalo does hereby approve The Non-Homestead- -/Homestead tax rate difference in actual dollars
the Centennial A.M.E. Church's request to place two trailblazing for property assessed at $50,000 would be at least $843.
markers at the intersection of Doat and Goemble Street in honor of Now, Therefore, Be It Resolved:
Rev. Maceo M. Freeman. That this Common Council moves to amend the ordinance covering
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE the Rental Dwelling Unit Registration (Chapter ~) in a mariner that
COMMISSIONER OF PUBLIC WORKS would exempt Non-Homestead ratepayers from the fees associated
with the ordinance.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE
NO. 146 COMMISSIONER OF PERMITS
MR. GOLOMBEK,
EXEMPT CITY OF BUFFALO FROM WICKS LAW NO. 148
Whereas The Wicks Law was enacted by the State Legislature in 1912 BY MR. GOLOMBEK
and requires public construction projects costing $50,000 or more to HOME RULE MESSAGE - ASSEMBLY #A3068 AND SENATE BILL
issue four or more separate contracts for plumbing, electrical, heating #$2491 - "AN ACT TO AMEND THE EDUCATION LAW, IN
and general construction; and RELATION TO PROVIDING FOR THE ELECTION OF MEMBERS OF
Whereas The hiring of a general contractor to oversee construction is THE BOARD OF EDUCATION OF THE BUFFALO CITY SCHOOL
not allowed under the Wicks Law and as such school districts and DISTRICT IN NOVEMBER."
municipalities must manage the actual construction, coordinate the Whereas A Bill has been introduced in the New York State Assembly
work and resolve all disputes; and #A3068, and New York State Senate #$2491, "An act to amend the
Whereas Private projects are not required to operate under the New York State Education Law, in relation to providing the election of
constraints of the Wicks Law. The federal government does not have a members of the Board of Education of the Buffalo city school district to
Wicks Law requirement and none of the 49 other states has anything take place in November of the appropriate years rather than in May of
remotely like the Wicks Law; and the appropriate years"; and
Whereas Most construction projects nationwide private and public are Whereas In recent years, declining voter turnout has been a consistent
awarded to a single bidder, typically a general contractor. The general feature of the Buffalo Board of Education elections with less than ten
contractor then hires subcontractors to do much of the work. The percent of eligible voters coming to the polls as they occur in May; and
problem under the Wicks Law is that nobody is in charge when you The Board of Elections estimates show that these elections cost the
have four separate contracts, as such delays and increased costs City of Buffalo over $15.00 per participating voter; and
occur; and Whereas In rescheduling Buffalo's Board of Education elections from
Whereas In 1996, Niagara Falls school officials claimed that they May to November, this amendment intends to capitalize on this
saved 15% ($9 million) by being exempt from the Wicks Law for increased voter participation and awareness. By combining school and
constructing a $60 million school building; and other elections in November, this amendment in the legislation would
Whereas New York City school districts are exempt from the Wicks permit wider public participation, facilitate efficiency gains and result in
Law. A 1999 study by Price Waterhouse projected savings of $192 significant cost savings for the City of Buffalo taxpayers; and
million due to the Wicks exemption. The study also determined that Whereas A Home Rule Message approved by the Common Council is
without the Wicks mandate construction time would be reduced from necessary for the State of New York to pass the legislation; and
49 months to 24 months; and Now Therefore Be It Resolved:
Whereas Exemption from the Wicks Law to allow for the selection of That the Common Council of the City of Buffalo hereby goes on record
one general contractor to oversee the construction of new firehouses in support of the amended Assembly Bill #A3068, and amended
and other City projects could save the City 10% to 30% in construction Senate Bill #$2491, "An act to amend the education law, in relation to
costs; and providing for the election of members of the Board of Education of the
Whereas Due to the fiscal constraints currently faced by the City of Buffalo city school district in November"; and
Buffalo, we must take steps to reduce costs everywhere that we can Be It Further Resolved That:
and a projected savings of 10% to 30% by becoming exempt from the The City Clerk is hereby authorized and directed to forward certified
Wicks Law would bring significant savings. copies of this resolution to the Home Rule Counsel of the Senate and
Now Therefore Be It Resolved the Assembly, to Governor George Pataki, to Assembly Speaker
That the Common council supports the enactment of State legislation, Sheldon Silver, to the Assembly Majority Leader Paul Tokasz, to the
which would exempt the City of Buffalo from the requirements of the Secretary of the Senate, to the Senate Majority Leader Joseph Bruno,
Wicks Law. and to members of the Western New York Legislative delegation.
ADOPTED
Be It Further Resolved
That this item is referred to an appropriate Committee of the Council
for further consideration
No. 149
REFERRED TO THE COMMITTEE ON LEGISLATION
RESOLUTION
Sponsor: Mr. Golombek Co-sponsors:
NO. 147
RE: Scajaquada Pathway Phase 3
BY MR GOLOMBEK
WHEREAS: The City of Buffalo is permitted use of certain State right
EXEMPT NON-HOMESTEAD PROPERTIES .FROM RENTAL
of way as described in a Permit for Use of State-Owned Property for
REGISTRATION FEES
the purpose of construction of the Scajaquada Pathway; and
The City of Buffalo property tax rate for Non-Homestead properties is
WHEREAS: The City of Buffalo is self insured and therefore unable to
$38.56 per $1000 of the property's value. The Homestead property tax
provide evidence of General Liability Insurance coverage issued by an
rate is $21.69 per $1000 of valuation, and
insurance carrier licensed to do business in the State of New York, for
The City of Buffalo recently enacted a rental registration fee to help
the protection of the People of the State of New York and Permit area;
manage code enforcement of rental properties iv. the City of Buffalo
and
Owner Occupied structures are exempt from the registration fee, and
Now, Therefore Be It Resolved:
BY: Ms. RUSSELL BY: Ms. RUSSELL
That the City of Buffalo hereby agrees to defend and indemnify the The Common Council of the City Of Buffalo does ordain as follows:
People of the State of New York against any claims, suits, demands or That part of Section 1 of Chapter 35 of the Code of the City of Buffalo,
judgments by reason of bodily injury, including death and for any relating to 17 -Administration & Finance, 1081 - Inventory & Stores
claims resulting in property damage occurring on or in the proximity to which currently reads:
the construction area; and 1081 - INVENTORY & STORES
Be It Further Resolved: 2 Mail Room Clerk $ 26,590 - $ 29,673
That the Common Council of the City of Buffalo is authorizing a Is hereby amended to read:
resolution, for the Mayor to sign an Indemnification Agreement on 1082 - PRINT SHOP
behalf of the City of Buffalo. 1 Mail Room Clerk $ 26,590 - $ 29,673
PASSED 1 Account Clerk $ 26,271 - $ 29,269
AYES – 8 NOES – 0 IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the Charter,
that the immediate passage of the foregoing ordinance is necessary.
NO. 150 We, JAMES B. MILROY Ph.D., COMMISSIONER OF
BY: Ms. RUSSELL ADMINISTRATION & FINANCE AND MICHAEL A. SEAMAN,
BUDGET AND PERSONNEL AMENDMENT DIRECTOR OF BUDGET, hereby certify that the above change is
17 - ADMINISTRATION & FINANCE necessary for the proper conduct, administration and performance of
1082 - PRINT SHOP essential services of that department. We recommend that the
The Common Council of the City Of Buffalo does ordain as follows: compensation for said position be fixed at the respective amount set
That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, forth in the foregoing ordinance.
relating to 17 -Administration & Finance, 1082 - Print Shop which PASSED
currently reads: AYES – 8 NOES – 0
2 Duplicating Machine Operator $ 29,409 - $ 33,328
Is hereby amended to read: NO. 153
1 Duplicating Machine Operator $ 29,409 - $ 33,328 BY: Ms. RUSSELL
1 Assistant Print Shop Supervisor $ 29,409 - $ 33,328 BUDGET AND PERSONNEL AMENDMENT
IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the Charter, 55 - DEPARTMENT OF COMMUNITY SERVICES
that the immediate passage of the foregoing ordinance is necessary. 1413 - NYS YOUTH
We, JAMES B. MILROY Ph.D., COMMISSIONER OF The Common Council of the City Of Buffalo does ordain as follows:
ADMINISTRATION & FINANCE AND MICHAEL A. SEAMAN, That part of Section 1 of Chapter 35 of the Code of the City of Buffalo,
DIRECTOR OF BUDGET, hereby certify that the above change is relating to 55 - Office of Community Services, 1413 -NYS Youth, is
necessary for the proper conduct, administration and performance of hereby amended to read:
essential services of that department. We recommend that the From :
compensation for said position be fixed at the respective amount set 24094111 - 411001 Youth Impact Project - Annual Salaries $ 8,720
forth in the foregoing ordinance. To: 15513001-411001 NYS Youth Bureau- Salary $ 8,720
PASSED 1 Assistant Coordinator of Youth Programs $ 28,449 -
AYES – 8 NOES – 0 $ 31,955
IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the Charter,
NO. 151 that the immediate passage of the foregoing ordinance is necessary.
We, DONALD O. ALLEN, COMMISSIONER OF COMMUNITY
BUDGET AND PERSONNEL AMENDMENT SERVICES AND MICHAEL A. SEAMAN DIRECTOR OF BUDGET,
20 - POLICE hereby certify that the above change is necessary for the proper
1101 - DETECTIVE conduct, administration and performance of essential services of that
The Common Council of the City Of Buffalo does ordain as follows: department. We recommend that the compensation for said position be
That part of Section 1 of Chapter 35 of the Code of the City of Buffalo, fixed at the respective amount set forth in the foregoing ordinance.
relating to 20 - Police, 1101 -Detective which reads REFERRED TO THE COMMITTEE ON CIVIL SERVICE
1 Police Photographer $ 61,787
2 Crime Scene Technician $ 40,670 - $ 47,203 NO. 154
Is hereby amended to read: By: Mr. Thompson
3 Crime Scene Technician $ 40,670 - $ 47,203 Re: Ordinance Amendment
We, ROCCO J. DIINA, POLICE COMMISSIONER AND MICHAEL A. Chapter 264, Rental Dwelling Unit Registration
SEAMAN DIRECTOR OF BUDGET, hereby certify that the above The Common Council of the City of Buffalo does hereby ordain as
change is necessary for the proper conduct, administration and follows:
performance of essential services of that department. We recommend That Chapter 264 of the Code of the City of Buffalo be amended to
that the compensation for said position be fixed at the respective read as follows:
amount set forth in the foregoing ordinance. §264-21,Fees.
That a personnel requisition incident to the creation of the above-A. Certificate issuance. The fee, to be submitted at the time of
mentioned position, containing a statement of the duties for such application, for the issuance of a rental dwelling unit registration
position, has been filed with the Municipal Civil Service Commission, certificate and the first year fee, shall he $20 for a rental dwelling unit
and said Commission has approved and certified the position title set in a single-family dwelling, and $40 for a two-unit rental dwelling. There
forth in the foregoing ordinance as being the appropriate Civil Service shall be no additional fee ehar~ed for subsequent renewal registry
title for the proposed position. applications.
PASSED B. [Annual renewal fee. The owner of a rental dwelling unit shall pay
AYES – 8 NOES – 0 an annual renewal] an initial fee of $20 for a single-unit rental dwelling
and $40 for a two-unit rental dwelling, commencing on July i, 2004-. [,
NO. 152 and payable each year thereafter] There shall be no additional fee
charged for subsequent renewal registry applications. The owner
BUDGET AND PERSONNEL AMENDMENT remains obligated to pay [such fee during ownership of the rental
17 - ADMINISTRATION & FINANCE dwelling unit, and shall pay] any delinquencies therein before
1081 - INVENTORY & STORES transferring all or any part of the ownership of said unit.
1082 - PRINT SHOP Notwithstanding the foregoing, a new owner making application for a
certificate is obligated, and shall be required, to pay [all such current and Marliatou Bah;
and] an initial application fee and an,/delinquent annual fees with the Be It Further Resolved:
new owner rental This honorable body calls upon the United States Congress to pass
application. Congressman Rangel's legislation that will grant permanent resident
C. No fee for new buildings. There shall be no fee charged for the status to Kadiatou Diallo, Laouratou Diallo, Ibrahima Diallo, Abdoul
issuance of a rental dwelling unit registration certificate for new Diallo, Mamadou Bobo Diallo, Mamadou Pathe Diallo, Fatoumata
dwellings at the completion of their construction covered by a building Traore Diallo, Sankarela Diallo, and Marliatou Bah.
permit. ADOPTED
D. Inspection fees. Every property owner shall pay a fee of $75, to be
assessed against the property, for each inspection after the second NO. 156
inspection in which violations of a state or local building code are BY: ANTOINE M. THOMPSON
found, unless such fee is waived by the Bureau of Administrative Appointments
Adjudication. Inspectors shall assess the fee, after consultation with Commissioners of Deeds
the Chief Building Inspector or the Commissioner of Inspections, Required for the Proper
Licenses and Permits, when, in the evaluation of the inspector, the Performance of Public Duties
status of the violation has not progressed or been satisfactorily That the following persons are hereby appointed as Commissioner of
completed. The fee shall not be applicable to inspections ordered after Deeds for The term ending December 31, 2006, conditional upon the
the commencement of a court action. persons so appointed certifying under oath to their qualifications and
It is hereby certified pursuant to Section 3-19 of the Charter of the City filing same with the City of Buffalo
of Buffalo, that the immediate passage of the foregoing ordinance is Kelly Eisenried Sandra Miller
necessary. Michael Wolasz
NOTE: Matter in brackets to be deleted. Matter underlined is new. TOTAL 3
REFERRED TO THE COMMITTEE ON LEGISLATION, THE ADOPTED
COMMISSIONER OF PERMITS AND THE COMMISSIONER OF
ADMINISTRATION AND FINANCE NO. 157
BY: ANTOINE M. THOMPSON
NO. 155 Appointments Commissioner of Deeds
Mr. Thompson That the following persons are hereby appointed as Commissioner of
Support of H.R 677 (Congressman Rangel's Proposed Legislation) Deeds for the term ending December 31, 2006, conditional, upon the
Whereas: Amadou Diallo, a 22-year-old immigrant from Guinea was person so appointed certifying under oath to their qualifications and
tragically gunned down in a hail of 41 bullets on February 4, 1999 by filing same with the City Clerk:
New York City Police Officers as he attempted to enter his residence in Maureen Lewis Tracy Caldarella
the Bronx; and Albert Steele
Whereas: Amadou Diallo was found to be unarmed and virtually Total: 3
rendered helpless; and The Diallo family had their loved one unjustly ADOPTED
taken from them; and
Whereas: The family of Amadou Diallo currently remains in the United UNFINISHED BUSINESS
States under "deferred action status" and is vulnerable to deportation
in the coming months; and NO. 158
Whereas: It is the wish of Amadou Diallo's family that they remain in Bond Resolution -City Owned Buildings Various
the United States to pursue the American Dream; and (CCP# 124,2/8/05)
Whereas: It was the wish of Amadou Diallo that his family remain in Mr. Coppola moved that the above item be taken from the table.
America to pursue the American Dream; and Seconded by CARRIED
Whereas: No amount of money or apologies can bring back Amadou Mr. Coppola now moved approval of the above item. Seconded by
Diallo to his family; andThe granting of permanent resident status to PASSED
Kadiatou Diallo, Laouratou Diallo, Ibrahima Diallo, Abdoul Diallo, AYES – 8 NOES – 0
Mamadou Bobo Diallo, Mamadou Pathe Diallo, Fatoumata Traore
Diallo, Sankarela Diallo, and Marliatou Bah would allow them to remain NO. 159
in the United States and will benefit New York State; and Bond Resolution -City Hall Restoration
Whereas: The United States Government has it in their power to grant (CCP# 125,2/8/05)
Kadiatou Diallo, Laouratou Diallo, Ibrahima Diallo, Abdoul Diallo, Mr. Coppola moved that the above item be taken from the table.
Mamadou Bobo Diallo, Mamadou Pathe Diallo, Fatoumata Traore Seconded by CARRIED
Diallo, Sankarela Diallo, and Marliatou Bah permanent resident status; Mr. Coppola now moved approval of the above item. Seconded by
and PASSED
Whereas: Congressman Charles Rangel's proposed legislation, H.R. AYES – 8 NOES – 0
677, would grant permanent resident status to Kadiatou Diallo,
Laouratou Diallo, Ibrahima Diallo, Abdoul Diallo, Mamadou Bobo NO. 160
Diallo, Mamadou Pathe Diallo, Fatoumata Traore Diallo, Sankarela Bond Resolution Expansion-Reconst Eng 34
Diallo, and Marliatou Bah; and (CCP# 126,2/8/05)
Whereas: The granting of permanent resident status to Kadiatou Mr. Coppola moved that the above item be taken from the table.
Diallo, Laouratou Diallo, Ibrahima Diallo, Abdoul Diallo, Mamadou Seconded by CARRIED
Bobo Diallo, Mamadou Pathe Diallo, Fatoumata Traore Diallo, Mr. Coppola now moved approval of the above item. Seconded by
Sankarela Diallo, and Marliatou Bah is the proper, just, and American PASSED
thing to do; AYES – 8 NOES – 0
Now, Therefore, Be It Resolved:
That the Buffalo Common Council supports Congressman Charles NO. 161
R-angel's legislation H.R. 677 that will grant permanent resident status Bond Resolution Peace Bridge Area Infrastructure Improvements
to Kadiatou Diallo, Laouratou Diallo, Ibrahima Diallo, Abdoul Diallo, (CCP# 127,2/8/05)
Mamadou Bobo Diallo, Mr. Coppola moved that the above item be taken from the table.
Mamadou Pathe Diallo, Fatoumata Traore Diallo, Sankarela Diallo, Seconded by CARRIED
Mr. Coppola now moved approval of the above item. Seconded by
PASSED
AYES – 8 NOES – 0
NO. 162
Bond Resolution Neighborhood Redevelopment
(CCP# 129,2/8/05)
Mr. Coppola moved that the above item be taken from the table.
Seconded by CARRIED
Mr. Coppola now moved approval of the above item. Seconded by
PASSED
AYES – 8 NOES
NO. 163
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in the
th
Common Council Chambers, 13floor City Hall, Buffalo, New York,
unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, March 15, 2005 at 9:30 o'clock
A.M.
Committee on Finance Tuesday, March 15, 2005 at 10:00 o'clock A.M.
following Civil Service
Committee on Legislation Tuesday, March 15, 2005 at 2:00 o'clock
P.M.
Committee on Comm. Dev. Wednesday, March 16, 2005 at 10:30
o'clock A.M.
Special Committees
Committee on Legislation, Thursday March 10, 2005 at 10 o'clock AM
for A Presentation from the Living Wage Commission in Room 1417
Minority Business Enterprise Committee meeting, Monday, March 14,
2005 at 10:00 AM in room 1417
Committee on Legislation, Monday, March 14, 2005 at 2 o'clock PM in
Room 1417 for an update on The Ordinance Amendment Process in
Room 1417
Committee on Taxi Cabs & Liveries, Thursday, March 17, 2005 at
10:00 o'clock AM in Room 1417
Sub-Committee on Bi-National Bridge, Thursday, March 17, 2005 at 2
o'clock PM in room I417
(Public Disclaimer): All meetings are subiect to change and
cancellation by the respective Chairmen of Council Committees. In the
event that there is sufficient time given for notification, it will be
provided. In addition, there may be meetings set up whereby the City
Clerk's Office is not made aware; therefore, unless we receive notice
from the respective Chairmen, we can only make notification of what
we are made aware.
NO. 164
Adjournment
On a motion by Mr. Coppola, Seconded by Mrs. Russell, the Council
adjourned at 4:10 PM