HomeMy WebLinkAbout05-0125
No. 2
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
January 25, 2005
FIRE AND POLICE PENSION
DECEMBER 2004
JANUARY 2005
MAYOR
Hon. Anthony M. Masiello CLAIMS COMMITTEE:
James D. Griffin, Chairman, Richard A. Fontana, Joseph Golombek,Jr.,
COMPTROLLER Antoine M. Thompson - Members
Andrew Sanfilippo
COMMUNITY DEVELOPMENT COMMITTEE:
COMMON COUNCIL Joseph Golombek, Jr. Chairman, Dominic J. Bonifacio Jr., Bonnie E.
PRESIDENT OF THE COUNCIL Russell, Antoine M. Thompson - Members
FILLMORE DISTRICT
David A. Franczyk FINANCE COMMITTEE:
Brian C. Davis, Chairman, Dominic J. Bonifacio, Jr., Marc A. Coppola,
PRESIDENT PRO TEMPORE James D. Griffin - Members.
UNIVERSITY DISTRICT
Bonnie E. Russell LEGISLATION COMMITTEE:
Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Marc A. Coppola,
MAJORITY LEADER Bonnie E. Russell - Members
DELAWARE DISTRICT
Marc A. Coppola EDUCATION COMMITTEE
Antoine M. Thompson, Chairman, Richard A. Fontana, David A. Franczyk,
DISTRICT COUNCIL MEMBERS Bonnie E. Russell - Members
BRIAN C. DAVIS - ELLICOTT
RICHARD A. FONTANA - LOVEJOY RULES COMMITTEE:
ANTOINE M. THOMPSON - MASTEN David A. Franczyk, Chairman Marc A. Coppola, Bonnie E. Russell -
DOMINIC J. BONIFACIO Jr. - NIAGARA Members
JOSEPH GOLOMBEK JR. - NORTH
JAMES D. GRIFFIN - SOUTH SPECIAL COMMITTEES
BUDGET COMMITTEE:Dominic J. Bonifacio, Jr., Chairman, Marc A.
Coppola, Brian C. Davis, Joseph Golombek, Jr. - Members
REGULAR COMMITTEES
MINORITY BUSINESS ENTERPRISE COMMITTEE- Antoine M.
CIVIL SERVICE COMMITTEE: Thompson, Chairman Brian C. Davis, James D. Griffin
Bonnie E. Russell Chairman, Brian C. Davis, Joseph Golombek Jr.,
Richard A. Fontana-Members
CORPORATION PROCEEDINGS
abandonment/sale of the property by appraisal and
direct this office to negotiate the sale and report the
results of negotiations with Your Honorable Body for
COMMON COUNCIL final approval
CITY HALL - BUFFALO Mr. Coppola Moved:
TUESDAY, JANUARY 25, 2005 That the above communication from the Department of
AT 2:00 P.M. Strategic Planning, Division of Real Estate dated
January 14, 2005 be received and filed; and
PRESENT – David A. Franczyk, President of the That the City of Buffalo does hereby abandon 20
Council, and Council Members Bonifacio, Coppola, Wadsworth in accordance with Article 27, Section 27-5
Davis, Fontana, Golombek Griffin, Russell and of the Charter of the City of Buffalo; and
Thompson – 8 That the Director of Real Estate be, and he hereby is
authorized to negotiate a sale with Adrien W. Brown, 68
ABSENT – Davis - 1 Rumson Road, Amherst, and report back to the
Common Council with the results of negotiations for
On a motion by Mr. Coppola seconded by final approval of the sale of 20 Wadsworth.
Mr.Fontana, the minutes of the stated meeting held PASSED
on January 11, 2005 were approved. AYES - 8 NOES - 0
FROM THE MAYOR NO. 4
FROM THE MAYOR - EXECUTIVE DEPARTMENT RESULTS OF NEGOTIATIONS
405 HICKORY, 400.75' N BROADWAY
NO. 1 LOT SIZE: 25' X 153'
"2005-2006 ANNUAL ACTION PLAN-SPENDING ASSESSED VALUATION: $1,100
PLAN" [: YEAR 31 COMMUNITY DEVELOPMENT 409 HICKORY, 360.75' S SYCAMORE LOT SIZE: 25'
BLOCK GRANT X 155
I hereby submit the proposed spending plan for the City ASSESSED VALUATION: 1,100.
of Buffalo's 2005-2006 Annual Action Plan for the 411 HICKORY, 335.75' S SYCAMORE
following sources of funds. LOT SIZE: 25' X 157'
Community Development Block Grant $18,058,225 ASSESSED VALUATION: 1,100.
HOME Investment Partnership Grant* $5,156,754 The Office of Strategic Planning, Division of Real Estate
Emergency Shelter Grant $715,046 has received a request from Ms. Cynthia Burhanan, 19
Housing Opportunities for Persons W/ AIDS$ 456,000 Glenwood Avenue, Buffalo, New York 14218, to
*Includes the American Dream Down payment Initiative purchase the above captioned vacant lots. Ms.
(ADDI) Burhanan intends to purchase these lots for the
[Amounts represent figures set forth by the US construction of a single family residence.
Department of Housing & Urban Development] The Division of Permit and Inspection Services and the
REFERRED TO THE COMMITTEE ON COMMUNITY Division of Collections have no objections to the sale.
DEVELOPMENT There are no building code violations, taxes or other
FROM THE DIVISION OF CITIZEN SERVICES liens owed to the City by the purchaser.
The Division of Real Estate has investigated the sale of
NO. 2 similar residential properties in the subject area. Sales
MONTHLY REPORT FROM THE DIVISION OF prices range from twenty-five cents (.25) to fifty cents
CITIZEN SERVICES- DECEMBER 2004 (.50) per square foot.
Dear Members of the Buffalo Common Council: The results of our negotiations are that Ms. Burhanan
Attached for your review is the following: (1) chart of has agreed to a sales price of three thousand three
service calls for December 2004, (2) chart of service hundred dollars ($3,300), twenty-eight cents (.28) per
calls for December 2003- for comparative purposes, square foot, for the subject properties. She has also
and (3) chart of "open" calls for November 2004, as of agreed to pay for the cost of the transfer tax, recording
December 31, 2004. fees and cost of the legal descriptions.
Service request calls in December, were up by 344, I am recommending that Your Honorable Body approve
over November, due in large part, to December having the sale of 405, 409 & 411 Hickory Street to Ms.
more work days. Cynthia Burhanan in the amount of three thousand
The categories that had the largest increases in three hundred dollars ($3,300). I am further
December were tote requests (+62), garbage pick-up recommending that the Corporation Counsel prepare
(+50), inspection requests (+48), recycle requests the necessary documents for the transfer of title and
(+45), and stolen totes (+42). that the Mayor be authorized to execute the same.
A 11% improvement was made in December in closing Mr. Coppola moved
out service requests from November 2004. The That the above communication from the Office of
categories showing the biggest improvements were in Strategic Planning, Division of Real Estate, dated
housing inspections and tote related requests. January 21, 2005, be received and filed; and
As always, I hope that this information is useful. That the offer from Ms. Cynthia Burnham, residing at 19
RECEIVED AND FILED Glenwood Avenue, in the sum of three thousand and
three hundred dollars ($3,300.00) for the purchase of
FROM THE DEPARTMENT OF STRATEGIC 405,409 and 411 Hickory, be and they hereby are
PLANNING accepted; and
That the appraisal requested by the City of Buffalo shall
NO. 3 be paid by the purchaser;
ABANDONMENT AND SALE OF 20 WARDWORTH - That the transfer tax, recording fees and cost of legal
PARKING LOT ELLICOTT DISTRICT description shall be paid by the purchaser; and
The Office of Strategic Planning, Division of Real That the Corporation Counsel be authorized to prepare
Estate, has received a request from Adrien W. Brown, the necessary documents for the transfer of title and
68 Rumson Road, Amherst, New York to purchase a that the Mayor be authorized to execute the same, in
City owned parking lot located at 20 Wadsworth. accordance with the terms of sale upon which the offer
Your Honorable Body may authorize the sale of the was submitted.
property In accordance with Article 27, Section 27-5 of PASSED
the City Charter - Sale by Appraisal, providing the AYES - 8 NOES - 0
Board of Parking and the Department of Public Works,
Parks & Streets have no objections and/or conditions in NO. 5
reference to this abandonment and sale. RESULT OF NEGOTIATIONS
I am requesting that Your Honorable Body authorize the 1290 JEFFERSON, 38.90' N LAUREL
LOT SIZE: 54' X 100' ASSESSED VALUATION: 2,725.
ASSESSED VALUATION: $10,600. 433 MONROE, 351' S BECKWITH
1298 JEFFERSON, 93' N LAUREL LOT SIZE: 25' X 109'
LOT SIZE: 32' X 100' ASSESSED VALUATION: 2,725.
ASSESSED VALUATION: 435 MONROE, 326' S BECKWITH
1300 JEFFERSON, 125' N LAUREL LOT SIZE: 25' X 109'
LOT SIZE: 25' X 100' ASSESSED VALUATION: 2,725.
ASSESSED VALUATION: 2,500. 437 MONROE, 301 ' S BECKWITH
274 LAUREL, 130'W JEFFERSON LOT SIZE: 25' X 109'
LOT SIZE: 30'X57' ASSESSED VALUATION: 2,725.
ASSESSED VALUATION: 1,100. 439 MONROE, 276' S BECKWITH
The Office of Strategic Planning, Division of Real LOT SIZE: 25' X109'
Estate has received a request to purchase the above ASSESSED VALUATION: 2,725.
captioned City properties from Bethel Community 443 MONROE, 251' S BECKWITH
Development Corporation, 1525 Michigan Avenue, LOT SIZE: 25' X 109'
Buffalo, New York 14209. The church intends to use ASSESSED VALUATION: 2,725.
the lots for development of a retail incubator for Minority (ELLICOTT)
Business Enterprise Tenants. The Office of Strategic Planning, Division of Real
The Division of Permit and Inspection Services and the Estate has received a request to purchase the seven
Division of Collections have no objections to the sale. (7) above captioned vacant lots from the Buffalo
There are no building code violations, taxes or other Federation of Neighborhood Centers, Inc. (BFN), 97
liens owed to the City by the purchaser. Lemon Street, Buffalo, New York 14204. They intend to
The Division of Real Estate has investigated the sale of build an 11/12 bed group residence serving adults with
similar properties in the subject area. Sales prices mental illness.
range from seventy-five cents (.75) to one dollar and The Division of Permit and Inspection Services and the
fifty cents ($1.50), per square foot. Division of Collections have no objections to the sale.
The results of our negotiations are that we have agreed There are no building code violations, taxes or other
to a sales price of Sixteen thousand dollars ($16,000), liens owed to the City by the purchaser.
one dollar and twenty-five cents ($1.25) per square The Division of Real Estate has investigated the sale of
foot, for the subject properties. Bethel Community similar residential properties in the subject area. Sales
Development Corporation has also agreed to pay for prices range from fifty-five cents (.55) to ($1.50), per
the cost of the transfer tax, recording fees and cost of square foot.
the legal descriptions. Results of Negotiations
I am recommending that Your Honorable Body approve Re: 423- 443 Monroe Street
the sale of 1290, 1298, and 1300 Jefferson and 274 The results of our negotiations are that we have agreed
Laurel Street for sixteen thousand dollars ($16,000) to to transfer the seven lots to Buffalo Federation of
Bethel Community Development Corporation. I am Neighborhoods in exchange for four lots owned by BFN
further recommending that the Corporation Counsel as follows:
prepare the necessary documents for the transfer of Address Lot Size Assessed
title and that the Mayor be authorized to execute the Valuation
same. 350 Carlton 26' x 111' $2,900.
Mr. Coppola Moved: 352 Carlton 51'x 100' 5,100.
That the above communication from the Office of 243 Lemon 25' x 100' 2,500.
Strategic Planning, Division of Real Estate, dated 245 Lemon 25' x 100' 2,500.
January 19, 2005, be received and filed; and In addition to the exchange, BFN will pay seven
That the offer from Bethel Community Development thousand six hundred dollars ($7,600) for the transfer of
Corporation, 1525 Michigan Avenue, in the sum of seven City-owned property which is the difference in
sixteen thousand dollars ($16,000.00) for the purchase value of the properties involved in the exchange.
of 1290, 1298, 1300 Jefferson and 274 Laurel, be and The sale is subject to satisfactory environmental review
they hereby are accepted; and of the four lots to be acquired by the City in the
That the appraisal requested by the City of Buffalo shall exchange. BFN has also agreed to pay for the cost of
be paid by the purchaser; the transfer tax, recording fees and cost of the legal
and descriptions.
That the transfer tax, recording fees and cost of legal I am recommending that Your Honorable Body approve
description shall be paid by the purchaser; and the exchange of the City-owned parcels 423, 429, 433,
That the Corporation Counsel be authorized to prepare 435, 437, 439 and 443 Monroe Street for 350 and 352
the necessary documents for the transfer of title and Carlton and 243 and 245 Lemon Street owned by BFN
that the Mayor be authorized to execute the same, in and additional consideration in the amount of seven
accordance with the terms of sale upon which the offer thousand six hundred dollars ($7,600) to be paid by
was submitted. BFN. I am further recommending that the Corporation
PASSED Counsel prepare the necessary documents for the
AYES – 8 NOES – 0 transfer of title and that the Mayor be authorized to
execute the same.
NO 6 REFERRED TO THE COMMITTEE ON FINANCE
RESULT OF NEGOTIATIONS
423 MONROE, 510'N BROADWAY NO. 7
LOT SIZE: 50' X 109' TRANSFER OF TITLE
ASSESSED VALUATION: $5,450. URBAN HOMESTEAD PROGRAM
429 MONROE, 376' S BECKWITH 86 GIBSON STREET
LOT SIZE: 25' X 109' (CITY-OWNED VACANT LOT, 30' X 110')
(FILLMORE) authorized to execute a deed transferring said property
The Office of Strategic Planning, Division of Real to Mr. Tracey Edward Singletary, residing at 93 Krettner
Estate, has surveyed the City-owned vacant lot at 86 Street, for the amount of One Dollar ($1.00) and no
Gibson Street, Buffalo, New York, parcel is 30' x 110' in more, and all costs of transfer, on the condition the
dimension; and it has been determined this parcel is property is cleaned and improved within six (6) months
inappropriate for either the construction of new housing and maintained in a sanitary manner.
or needed for public purpose. PASSED
Mr. Thi Nguyen owns and resides at 92 Gibson Street, AYES - 8 NOES - 0
Buffalo, New York 14212. Mr. Nguyen will clean,
improve and maintain the lot at 86 Gibson Street in the NO. 9
event he obtains title to the property under the Urban TRANSFER OF TITLE
Homestead Program. URBAN HOMESTEAD PROGRAM
The Department of Permit and Inspection Services and 320 MOSELLE STREET
the Division of Collections have been contacted. There (CITY-OWNED VACANT LOT, 29' X 112')
are no property code violations, taxes or other liens (FILLMORE)
owed to the City of Buffalo by the homesteader. The Office of Strategic Planning, Division of Real
We, therefore, recommend the City-owned vacant lot Estate, has surveyed the City-owned vacant lot at 320
be designated as a Homestead Property and be Moselle Street, Buffalo, New York, parcel is 29' x 112'
transferred to Mr. Yhi Nguyen on the condition the in dimension; and it has been determined this parcel is
property is cleaned and improved within six (6) months inappropriate for either the construction of new housing
and maintained in a sanitary manner.or needed for public purpose.
Mr. Coppola moved: Ms. Dorothy E. Kinney owns and resides at 322
That the above communication from the Office of Moselle Street, Buffalo, New York 14211. Ms. Kinney
Strategic Planning dated January 19, 2005, be received will clean, improve and maintain the lot at 320 Moselle
and filed; and Street in the event she obtains title to the property
That the city-owned property commonly known as 86 under the Urban Homestead Program.
Gibson Street, is hereby designated as Homestead The Department of Permit and Inspection Services and
Property, and that the Mayor be, and he hereby is the Division of Collections have been contacted. There
authorized to execute a deed transferring said property are no property code violations, taxes or other liens
to Mr. Thi Nguyen, residing at 92 Gibson Street, for the owed to the City of Buffalo by the homesteader.
amount of One Dollar ($1.00) and no more, and all We, therefore, recommend the City-owned vacant lot
costs of transfer, on the condition the property is be designated as a Homestead Property and be
cleaned and improved within six (6) months and transferred to Ms. Dorothy E. Kinney on the condition
maintained in a sanitary manner the property is cleaned and improved within six (6)
PASSED months and maintained in a sanitary manner.
AYES - 8 NOES - 0 Mr. Coppola moved:
That the above communication from the Office of
NO. 8 Strategic Planning dated January 19, 2005, be received
TRANSFER OF TITLE and filed; and
URBAN HOMESTEAD PROGRAM That the city-owned property commonly known as 320
97 KRETTNER STREET Moselle Street, is hereby designated as Homestead
(CITY-OWNED VACANT LOT, 30' X 105') Property, and that the Mayor be, and he hereby is
(ELLICOTT) authorized to execute a deed transferring said property
The Office of Strategic Planning, Division of Real to Ms. Dorothy E. Kinney, residing at
Estate, has surveyed the City-owned vacant lot at 97 322 Moselle Street, for the amount of One Dollar
Krettner Street, Buffalo, New York, parcel is 30' x 105' ($1.00) and no more, and all costs of transfer, on the
in dimension; and it has been determined this parcel is condition the property is cleaned and improved within
inappropriate for either the construction of new housing six (6) months and maintained in a sanitary manner.
or needed for public purpose. PASSED
Mr. Tracey Edward Singletary owns and resides at 93 AYES - 8 NOES - 0
Krettner Street, Buffalo, New York 14206. Mr.
Singletary will clean, improve and maintain the lot at 97 NO. 10
Krettner Street in the event he obtains title to the TRANSFER OF TITLE
property under the Urban Homestead Program. URBAN HOMESTEAD PROGRAM
The Department of Permit and Inspection Services and 217 PERSHING STREET
the Division of Collections have been contacted. There (CITY-OWNED VACANT LOT, 30' X 130')
are no property code violations, taxes or other liens (ELLICOTT)
owed to the City of Buffalo by the homesteader. The Office of Strategic Planning, Division of Real
We, therefore, recommend the City-owned vacant lot Estate, has surveyed the City-owned vacant lot at 217
be designated as a Homestead Property and be Pershing Street, Buffalo, New York, parcel is 30' x 130'
transferred to Mr. Singletary on the condition the in dimension; and it has been determined this parcel is
property is cleaned and improved within six (6) months inappropriate for either the construction of new housing
and maintained in a sanitary manner. or needed for public purpose.
That the above communication from the Office of Ms. Romance Buster owns and resides at 221 Pershing
Strategic Planning dated January 19, 2005, be received Street, Buffalo, New York 14208. Ms. Buster will clean,
and filed; and improve and maintain the lot at 217 Pershing Street in
Mr. Coppola moved: the event she obtains title to the property under the
That the city-owned property commonly known as 97 Urban Homestead Program.
Krettner Street, is hereby designated as Homestead The Department of Permit and Inspection Services and
Property, and that the Mayor be, and he hereby is the Division of Collections have been contacted. There
ELLICOTT DISTRICT
The Office of Strategic Planning, Division of Real
Estate, has received a request from the Buffalo Urban
are no property code violations, taxes or other liens
Renewal Agency to transfer title to a City owned parcel
owed to the City of Buffalo by the homesteader.
located at 29 Northampton. The parcel will be
We, therefore, recommend the City-owned vacant lot
developed and become part of the Art Space Project at
be designated as a Homestead Property and be
Main and Northampton Streets.
transferred to Ms. Romance Buster on the condition the
The property consists of a 3,872 square foot concrete
property is cleaned and improved within six (6) months
building situated on a parcel of land 76 x 164 feet. The
and maintained in a sanitary manner.
Division of Real Estate's Maintenance Staff is presently
Mr. Coppola moved:
using this building. Our maintenance staff will
That the above communication from the Office of
eventually move to former Precinct No. 6 located at
Strategic Planning dated January 19, 2005, be received
1446 Main Street.
and filed; and
A Land Disposition Agreement will be submitted to Your
That the city-owned property commonly known as 217
Honorable Body by the Buffalo Urban Renewal Agency
Pershing Street, is hereby designated as Homestead
for final approval.
Property, and that the Mayor be, and he hereby is
This office is recommending that Your Honorable Body
authorized to execute a deed transferring said property
approve the transfer of title of 29 Northampton Street to
to Ms. Romance Buster, residing at
the Buffalo Urban Renewal Agency and authorize the
221 Pershing Street, for the amount of One Dollar
Corporation Counsel to prepare the necessary
($1.00) and no more, and all costs of transfer, on the
documents for the transfer of title and that the Mayor be
condition the property is cleaned and improved within
authorized to execute the same.
six (6) months and maintained in a sanitary manner.
REFERRED TO THE COMMITTEE ON COMMUNITY
PASSED
DEVELOPMENT
AYES - 8 NOES – 0
FROM THE COMPTROLLER
NO. 11
NO. 13
TRANSFER OF TITLE
COMPREHENSIVE ANNUAL FINANCIAL REPORT
URBAN HOMESTEAD PROGRAM
[:FOR THE FISCAL YEAR ENDED JUNE 30, 2004
1068 SMITH STREET
This is to advise that copies of the Comprehensive
(CITY-OWNED VACANT LOT, 30' X 105')
Annual Financial Report of the Comptroller of the City
The Office of Strategic Planning, Division of Real
of Buffalo for the fiscal year ending June 30, 2004 have
Estate, has surveyed the City-owned vacant lot at 1068
been delivered to each Councilmember, the Common
Smith Street, Buffalo, New York, parcel is 30' x 105' in
Council Chief of Staff, the City Clerk, the Mayor and the
dimension; and it has been determined this parcel is
Budget Office. Included therein is the Audit Report of
inappropriate for either the construction of new housing
Ernst & Young LLP.
or needed for public purpose.
This report is available as a public record for inspection
Mr. John W. Curry owns and resides at 1060 Smith and
by all interested parties.
also owns the vacant lot at 1064 Federal, which are
Pursuant to Section 35 of the General Municipal Law,
adjacent to 1068 Smith Street. He will clean, improve
the Common Council of the City of Buffalo may, at its
and maintain the lot at 1068 Smith Street in the event
discretion, prepare a written response to the report of
he obtains title to the property under the Urban
external audit and file such response with the City Clerk
Homestead Program.
as a public record for inspection by all interested parties
The Department of Permit and Inspection Services and
not later than April 12, 2005.
the Division of Collections have been contacted. There
RECEIVED AND FILED
are no properly code violations, taxes or other liens
FROM THE COMMISSIONER OF ASSESSMENT AND
owed to the City of Buffalo by the homesteader.
TAXATION
We, therefore, recommend the City-owned vacant lot
be designated as a Homestead Property and be
NO. 14
transferred to Mr. John W. Curry on the condition the
CERTIORARI PROCEEDINGS
property is cleaned and improved within six (6) months
MULTIMEDIA ENTERTAINMENT, INC.
and maintained in a sanitary manner.
259 DELAWARE AVENUE
Mr. Coppola moved
This is to advise that the owner, Multimedia
That the above communication from the Office of
Entertainment, Inc, instituted certiorari proceedings on
Strategic Planning dated January 19, 2005, be received
259 Delaware Avenue, Buffalo, New York, regarding
and filed; and
the assessments for fiscal years 1998-99 through 2003-
That the city-owned property commonly known as 1060
04. The assessment was reviewed by the Department
Smith Street, is hereby designated as Homestead
and the owner expressed a willingness to settle the
Property, and that the Mayor be, and he hereby is
proceedings.
authorized to execute a deed transferring said property
The final assessment for fiscal years 1998-99 through
to Mr. John W. Curry, residing at 1068 Smith Street, for
2003-04 was $3,823,900 for each year. The owner is
the amount of One Dollar ($1.00) and no more, and all
agreeable to a settlement, which would result in a
costs of transfer, on the condition the property is
reduction to $3,500,000 for the 2000-01 tax year, and
cleaned and improved within six (6) months and
$2,900,000 for 2001-02, 2002-03 and 2003-04 tax
maintained in a sanitary manner.
years on 259 Delaware Avenue. The taxpayer would be
PASSED
entitled to a refund of $12,201.60 for the 2000-01 year,
AYES - 8 NOES - 0
$34,641.80 for 2001-02; $32,952 for 2002-03 and
$34,937.10 for 2003-04. The 1998-99 and 1999-00
NO. 12
would be discontinued without change.
TRANSFER 29 NORTHAMPTON FROM THE CITY OF
Based on a review of the current market value of the
BUFFALO URBAN RENEWAL AGENCY
property, I feel this settlement would be in the best 747 Young, Tonawanda, NY
interest of the City. I recommend this settlement, in Industrial Power & Ltg. $187,500.00 -$3,OO0.00
which the Department of Law concurs. 701 Seneca, Buffalo, NY
A reduction is recommended because the property is CIR Electric $192,900.00 -$2,700.00
assessed at a much higher rate per square foot than 2750 Kenmore, Tonawanda, NY
other local television station properties. Alternate #1 - Delete 4 Type FJ light fixtures in skylight
The proposed settlement is subject to approval by Your area and provide 4 Type FD fixtures.
Honorable Body. I therefore request that the I hereby certify that the foregoing is a true and correct
Corporation Counsel be authorized to settle the 1998-statement of all bids received and that Tunney Electric,
99 through 2003-04 certiorari proceedings on 259 with a Base Bid of $179,669.00, deduct Alternate #1 for
Delaware Avenue by reducing the 2000-01 assessment $3,000.00, for a total bid of One Hundred Seventy Six
from $3,823,900 to $3,500,000 and by reducing the Thousand Six Hundred Sixty Nine and 00/100 Dollars
2001-02, 2002-03 and 2003-04 assessments from ($176,669.00), is the lowest responsible bidder in
$3,823,900 to $2,900,000. accordance with the plans and specifications:
REFERRED TO THE COMMITTEE ON FINANCE I recommend that Your Honorable Body authorize the
Commissioner of Public Works, Parks & Streets to
NO. 15 order the work on the basis of the low bids. Funds for
"LL #18 AMEND CHARTER IN RELATION TO this project are available in 30062306-445100
ARTICLE 28 TAXES & ASSESS, REAL Buildings.
PROPERTY TAX EXEMPTIONS" Mr. Coppola moved:
(#117 C.C.P. DEC. 28, 2004) That the above communication from the Commissioner
RES #121 CCP JANUARY 11, 2005 of Public Works, Parks and Streets dated January 12,
This is in response to Resolution 121 sponsored by 2005, be received and filed; and
Councilmember Marc A. Coppola requiring the That the Commissioner of Public Works, Parks and
Department of Assessment and Taxation to submit to Streets, be, and he hereby is authorized to award a
the Common Council its plan to notify residents citywide contract for Elmwood Hertel Fire Station, Electric, Job
of the new local law and their opportunity to use it, and No. 0436 to Tunney Electric, the lowest responsible
that this Department file with the Council the application bidder, with a Base Bid of $179,669.00, deduct
that will be used to apply for this real property tax Alternate #1 for $3,000.00 for a total of $176,669.00.
exemption. Notification to residents will be achieved via Funds for the project are available in 300062306-
the following methods: 445100 Buildings.
1. Post the attached general information sheet to the PASSED
City's internet website and the City's intranet page; AYES-6 NOES-2
2. Place the general information sheet at all customer AYES-BONIFACIO, COPPOLA, FONTANA,
counters in the Department of Assessment and FRANCZYK, RUSSELL, THOMPSON – 6
Taxation; NOES- GOLOMBEK, GRIFFIN - 2
3. Publish notices in all local community newspapers
and the Buffalo News to be followed up by the Common NO. 17
Council; Change in Contract
4. Post the general information sheet on the City Hall
Government Channel; Main Entrance Steps, Walls & Site
5. Request the Permit Office to disseminate the general Renovations - Phase 2
information sheet to applicants for permits for Job #0342
reconstruction, alterations, or improvements to Ellicott District
residential properties. I hereby submit to Your Honorable Body the following
6. Request Common Council Members to assist in the changes for City Hall, Main Entrance Steps, Walls &
notification effort by sending mailings to their Site Renovations - Phase 2, Summit Construction
constituents. Group, C #92010799.
Attached is New York State Board of Real Property 1. Additional finishing work required at railings.
Services Form RP-421-f (1/95), entitled Application for Add $ 1,000.00
Real Property Tax Exemption for Capital Improvements The foregoing change results in a net increase in the
to Residential Property which is the application for that contract of One Thousand and 00/100 Dollars
will be utilized. ($1,000.00).
RECEIVED AND FILED SUMMARY
Current Contract Amount $113,700.00
FROM THE COMMISSIONER OF PUBLIC WORKS Amount of This Change Order (#2) ADD$ 1,000.00
Revised Contract Amount $114,700.00
NO. 16 Costs have been reviewed by the Consulting Architect
Report of Bids (Barton, Hovey, Nardini & Tries) and the Department of
Elmwood Hertel Fire Station Public Works, Parks & Streets and were found to be fair
Construction - Electric and equitable. Funds for this work are available in
Job No. 0436 36322206 445100 - Division of Buildings.
North District I request that Your Honorable Body authorize the
I advertised for on December 22, 2004 and received the Commissioner of Public Works, Parks & Streets to
following formal bids for the Elmwood Hertel Fire issue a change order to the contractor as set forth
Station, Electric, on January 12, 2005. above.
Base Bid AIt.#1Mr. Coppola moved:
Tunney Electric $179,669.00 -$3,000.00That the above communication from the Commis sioner
8565 Roll, Clarence, NY of Public Works, Parks and Streets dated January 18,
Weydman Electric $183,900.00 -$3,000.002005, be received and filed; and
That the Commissioner of Public Works, Parks and hereby is authorized to enter into an easement
Streets be, and he hereby is authorized to issue change agreement with Niagara Mohawk at 860 Hertel Avenue
order No. 2, to Summit Construction Group, an increase to relocate an electric line around the proposed fire
in the amount of $1,000.00, as more fully described in station.
the above communication, for work relating to Job No. Passed.
0342, City Hall, Main Entrance Steps, Walls & Site AYES-8 NOES-0
Renovations - Phase 2,
C #92010799. Funds for this project are available in NO. 21
36322206 445100 - Division of Buildings. Reduction in Retention - Masten Ave.
AYES-8 NOES-0 Traffic Signal Replacement
Contract #92010844 - Destro Brothers Inc.
NO. 18 I hereby request that Your Honorable Body authorize a
ENERGY SAVING PROPOSAL-ENERGY DYNAMICS reduction in retention in regard to contract #92010844,
Item No.--54, C.C.P. 01/11/05 Masten Ave. Traffic Signal Replacements with Destro
The referenced item was sent to this office for Brothers Inc. as follows:
comment. Contract amount $ 549,511.38
I suggest that Mr. Norman C. Krebs, President of Work completed to date $ 496,384.65
Energy Dynamics be referred to this office so that we Amount to complete $ 53,126.73
can review his products. Current retention (10%) $ 49,638.46
RECEIVED AND FILED We are requesting a reduction in retention to 0.01% or
$4,963.85. Finish work on this project has been
NO. 19 stopped due to winter weather conditions and will be
Permission to Accept NYSDOT Multi Modal Grant completed construction season 2005.
MLK Park - PIN MA2256.30A Mr. Coppola moved:
That the above communication from the Commissioner
The City has received notice from the NY State of Public Works, Parks and Streets dated January 20,
Department of Transportation (NYSDOT) that funding 2005, be received and filed; and
has been designated from the Multi Modal 2000 That the Commissioner of Public Works, Parks and
Program in the amount of $500,000. for R.O.W Streets be, and he hereby is authorized to reduce the
Improvements, lighting and pedestrian/bicycle retention to 0.01% $4,963.85 for Masten Avenue Traffic
pathways in MLK Park. Signal Replacements with Destro Brothers Inc.,
Permission is requested from Your Honorable Body to Contract #92010844.
authorize our department to enter into all necessary PASSED
agreements with NYSDOT to allow the City to design, AYES – 8 NOES – 0
bid, construct and administer this project. Permission is
also requested to receive funds and deposit into our NO. 22
Capital Project Accounts to be established for citywide Reduction in Retention - Huron/EIlicott
parks improvements 2005. 2 Way Conversion
This work will be done in conjunction with the MLK Park Contract #92010379- Destro Brothers Inc.
Master Plan and is expected to be bid later this Erlicott Distrrict
spring/summer of 2005. I hereby request that Your Honorable Body authorize a
Mr. Coppola moved: reduction in retention in regard to contract #92010379,
That the above communication from the Commissioner Huron/Ellicott 2-Way Conversion with Destro Brothers
of Police dated January 21, 2005 be received and filed; Inc. as follows:
and Contract amount $1,309,190.58
That the Public Works, Parks and Streets be, and he Work completed to date $1,292,873.90
hereby is authorized to enter into all necessary Amount to complete $ 16,316.68
agreements with the New York State Department of Current retention (3%) $ 32,425.97
Transportation to allow the City to design, bid, construct We are requesting a reduction in retention to 0.01% or
and administer the R.O.W. Improvements, lighting and $12,928.74 Finish work on this project has been
pedestrian/bicycle pathways in MLK Park in the amount stopped due to winter weather conditions and will be
of $500,000. completed construction season 2005.
AYES- 8 NOES- 0 Mr. Coppola moved:
That the above communication from the Commissioner
NO. 20 of Public Works, Parks and Streets dated January 20,
Permission to Grant Easement to 2005, be received and filed; and
Niagara Mohawk That the Commissioner of Public Works, Parks and
860 Hertel Avenue Streets be, and he hereby is authorized to reduce the
North District retention to 0.01% $12,928.74 for Huron/Ellicott 2-Way
Permission is hereby requested from your Honorable Conversion with Destro Brothers Inc., Contract
Body to authorize the Commissioner of Public Works, #92010379.
Parks & Streets to enter into an easement agreement PASSED
with Niagara Mohawk at 860 Hertel Avenue. The AYES- 8 NOES- 0
easement is required to relocate an electric line around
the proposed fire station. NO. 23
Mr. Coppola moved: SOLID WASTE HAULING & DISPOSAL
That the above communication from the Commissioner The City of Buffalo is soliciting proposals to provide
of Police dated January 11, 2005 be received and filed; solid waste hauling and disposal services in
and accordance with New York State General Municipal
That the Public Works, Parks and Streets be, and he Law Section 120-W. This Law requires that a copy of
SERVICE
NO. 27
the Request for Proposals be available for inspection in
CERTIFICATE OF APPOINTMENT
the Office of the City Clerk.
Appointment Effective December 27, 2004 in the
Enclosed is a copy of the RFP for that purpose. Anyone
Department of Police to the Position of Police Caption
inspecting this document should be directed to my
Contingent Permanent Promotion at the Flat Starting
office if they have any questions or comments.
Salary of $75,223
COPY AVAILABLE IN CITY CLERKS OFFICE FOR
Brian D Marren 424 Eden St Buffalo, NY 14220
REVIEW
REFERRED TO THE COMMITTEE ON CIVIL
RECEIVED AND FILED
SERVICE
FROM THE COMMISSIONER OF POLICE
No. 28
CERTIFICATE OF APPOINTMENT
NO. 24
Appointment Effective: January 6, 2005 in the
Disposal of existing SWAT weapons
Department of: Police
The Buffalo Police Department SWAT team is putting
to the Position of: Chief Provisional Non-competitive at
forth a proposal to sell some existing weapons and then
the: Flat
use the proceeds to purchase new weapons. As
Starting Salary of: $ 84771
disclosed by Captain Maraschillo many of the current
Anthony J. Barba 253 Floradale Avenue Tonawanda,
SWAT weapons are old and malfunction due to
NewYork 14150
excessive use over the years. Recently there have
REFERRED TO THE COMMITTEE ON CIVIL
been instances where gun barrels have bulged upon
SERVICE
firing causing repair to the weapon and slight injury to
the operating officer. Captain Maraschiello has
FROM THE COMMISSIONER OF PERMIT &
indicated that some of these weapons are from the
INSPECTION SERVICES
Vietnam War era. These weapons are becoming
useless and obsolete to the SWAT team, however
NO. 29
would be valuable to a gun collector or dealer.
Second Hand Dealer
The SWAT team has prepared a detailed list of
1296 Bailey (Lovejoy)
weapons to be sold (copy attached) and proposes that
Pursuant to Chapter 254 of the City of Buffalo
they be bid out and awarded to the highest bidding
Ordinances, please be advised that I have examined
legally authorized gun dealer. The funds generated
the attached application for a Second Hand Dealer
from the sale would then be placed into a specific
License located at 1296 Bailey and find that as to form
Capital Account in the Buffalo Police Department
is correct. I have caused an investigation into the
budget. These funds would then be utilized to purchase
premises for which said application for a second hand
new weapons that are much safer, more reliable and
dealer license is being sought and according to the
provide an upgrade to the existing arsenal of weapons
attached reports from the Zoning Office, Fire
maintained by the SWAT team.
Department and Building Inspections, I find it complies
At this time, the SWAT team is requesting approval
with all regulations and other applicable laws. I have
from your honorable body to dispose of the weapons
caused an investigation by the Police Department into
indicated and then proceed with the purchase of the
the moral character of Daniel Hanna. The attached
new weapons upon receipt of the funds from the sale.
thereto for Daniel Hanna d/b/a Hanna's T& A. This
This proposal will allow the City of Buffalo to provide
request is submitted for your approval or whatever
newer, safer weapons to the SWAT team at no cost.
action you deem appropriate.
If you have any questions regarding the above
REFERRED TO THE COMMITTEE ON LEGISLATION
mentioned proposal, please contact Chief Richard Ortiz
AND THE CITY PLANNING BOARD
at 851-5181 or SWAT Captain Mark Maraschiello at
851-4412.
NO. 30
REFERRED TO THE COMMITTEE ON FINANCE
Second Hand Dealer
2267 Genesee (Lovejoy)
NO. 25
Pursuant to Chapter 254 of the City of Buffalo
Drug Asset Forfeiture Annual Certification Report
Ordinances, please be advised that I have examined
and Audit for Fiscal Year Ending June 30, 2004
the attached application for a Second Hand Dealer
Enclosed please find the completed audit report and
License located at 2267 Genesee and find that as to
certification report for the fiscal year ended June 30,
form is correct. I have caused an investigation into the
2004. This report is being filed with your Honorable
premises for which said application for a second hand
Body as an informational item.
dealer license is being sought and according to the
If you have any questions regarding the above
attached reports from the Zoning Office, Fire
mentioned, please contact Chief Richard Ortiz at 851-
Department and Building Inspections, I find it complies
5181.
with all regulations and other applicable laws. I have
REFERRED TO THE COMMITTEE ON FINANCE
caused an investigation by the Police Department into
the moral character of Maria D'Agostino. The attached
NO. 26
thereto for Maria D'Agostino d/b/a A B C Appliances &
CERTIFICATE OF APPOINTMENT
Furnishings. This request is submitted for your approval
Appointment Effective: December 22, 2004 in the
or whatever action you deem appropriate.
Department of Police to the Position of Laborer I
Mr. Coppola moved:
Permanent, Non-Competitive at the Intermediate
That the above communication from the Commissioner
Starting Salary of $11.07
of Permit and Inspections Services dated January 12,
Crystal Folck 181 Kentucky St Buffalo, NY 14204
2005 be received and filed; and
REFERRED TO THE COMMITTEE ON CIVIL
FROM THE COMMISSIONER OF ADMINISTRATION
That pursuant to Chapter 254 of the City Code, the
AND FINANCE
Commissioner of Permit & Inspections Services be, and
he hereby is authorized to grant a Second Hand Dealer
NO. 33
license to Maria D'Agostino d/b/a A B C Appliances &
LEGISLATION OF PBT-FREE-PURCHASING
Furnishings located at 2267 Genesee Street.
The division of purchase has reviewed the resolution for
PASSED
pbt (res. 96 of 12-28-04)
AYES-8 NOES-0
And advises that every effort is reviewed and
undertaken by this division regarding bidding, and
NO. 31
purchasing of consumer products and equipment that
Second Hand Dealer
are friendly to the environment, along with energy
245 Ontario (North)
efficient. Presently we purchase recyclable products, all
Pursuant to Chapter 254 of the City of Buffalo
chemicals delivered are required to include msda
Ordinances, please be advised that I have examined
sheets. Once our office is provided with a listing of
the attached application for a Second Hand Dealer
persistent bioaccumulative chemicals we will
License located at 245 Ontario and find that as to form
incorporate this listings with our upcoming bids and
is correct. I have caused an investigation into the
specifications where applicable. The purchase division
premises for which said application for a second hand
will make all attempts to acquire products that have a
dealer license is being sought and according to the
reduced environmental impact while maintaining the
attached reports from the Zoning Office, Fire
same quality and performance.
Department and Building Inspections, I find it complies
REFERRED TO THE COMMITTEE ON FINANCE
with all regulations and other applicable laws. I have
caused an investigation by the Police Department into
FROM THE CITY CLERK
the moral character of Zinajda Samasdzija. The
attached thereto for Zinajda Samasdzija d/b/a Duka's
NO. 34
Secondhand Store. This request is submitted for your
AUTO ALLOWANCE
approval or whatever action you deem appropriate.
FIRE AUTOMOBILE TRANSPORTATION
Mr. Coppola moved:
ALLOWANCE
That the above communication from the Commissioner
Robert Lander
of Permit and Inspections Services dated January 12,
The necessary forms to comply with the "Transporation
2005 be received and filed; and
Allowance" ordinance, Chapter III, Section 74, as
That pursuant to Chapter 254 of the City Code, the
requested by the Office of the Comptroller under date of
Commissioner of Permit & Inspections Services be, and
June 11, 1969, are attached.
he hereby is authorized to grant a Second Hand Dealer
These forms are for an employee, Roger L. Lander,
license to Zinajda Samasdzija d/b/a Duka's
assigned to the Buffalo Fire Department as Coordinator
Secondhand Store located at 245 Ontario Street.
of Homeland Security, who has been utilizing
PASSED
his privately owned vehicle for official City
AYES –8 NOES –0
duties since October 25, 2004, and will
continue to do so, at the rate of $9.00 per diem.
NO. 32
RECEIVED AND FILED
Used Car Dealer
1524 Kenmore (North)
NO. 35
Pursuant to Chapter 254 of the City of Buffalo
LIQUOR LICENSE APPLICATIONS
Ordinances, please be advised that I have examined
Attached hereto are communications from persons
the attached application for a Used Car Dealer License
applying for liquor licenses from the Erie County
located at 1524 Kenmore and find that as to form is
Alcohol Beverage Control Board.
correct. I have caused an investigation into the
Address Business Name Owner's Name
premises for which said application for a used car
253 Allen Staples Frances
dealer license is being sought and according to the
Sasala
attached reports from the Zoning Office, Fire
RECEIVED AND FILED
Department and Building Inspections, I find it complies
with all regulations and other applicable laws. I have
NO. 36
caused an investigation by the Police Department into
LEAVES OF ABSENCE WITHOUT PAY
the moral character of David Lombardo & Zoran Drca.
I transmit herewith notifications received by me,
The attached thereto for David Lombardo & Zoran Drca
reporting the granting of the leaves of absence without
d/b/a Black Rock Auto Sales. This request is submitted
pay, in the various departments as listed:
for your approval or whatever action you deem
Police- Idella Abram, Thomas Mayes, Sandra Clark,
appropriate.
Marlin Debra Cordone Deidre Carswell, Valerie
Mr. Coppola moved:
Demps,
That the above communication from the Commissioner
Fire- Katherine Burgio
of Permit and Inspections Services dated January 25,
Human Resources- Elizabeth Timineri
2005, be received and filed; and
RECEIVED AND FILED.
That pursuant to Chapter 254 of the City Code, the
Commissioner of Permit and Inspections Services be,
NO. 37
and he hereby is authorized to grant a Used Car Dealer
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
license to David Lombardo and Zoran Drca d/b/a Black
I transmit herewith appointments to the position of
Rock Auto Sales, located at 1524 Kenmore Avenue.
Council Intern.
PASSED
Mr. Coppola moved the approval of the appointments to
AYES-8 NOES-0
the position of Council Intern.
ADOPTED.
January 14, 2005
Councilman Richard A. Fontana
CERTIFICATE OF APPOINTMENT
1414 City Hall
Appointment effective January 3, 2005 in the
Buffalo, New York 14202
Department of Common Council to the position of Intern
Dear Councilman Fontana:
VI, Seasonal, Non Competitive at the flat Starting
Enclosed are copies of documents I've accumulated
Salary of $10.00/hr
regarding my accident with a City of Buffalo fire truck on
Jennifer Ganci, 683 Crescent Ave, Buffalo, NY 14216
August 5, 2004.
The total damage estimate to my vehicle was $1250.26,
CERTIFICATE OF APPOINTMENT
but I am only seeking $500 to cover the deductible
Appointment effective January 3, 2005 in the
portion of my collision coverage. Both my insurance
Department of Common Council to the position of Intern
company and I have contacted the City of Buffalo
I, Seasonal, Non Competitive at the flat
Department of Law requesting reimbursement for
Starting Salary of $7.00/hr
damages, but the claim has been denied.
Timothy Brown, 63 Englewood Avenue, Buffalo, NY
I would greatly appreciate it if you can look into this
14220
matter. If you have any questions, please don't hesitate
NO. 38
to contact me. My work number is 667-1711 and my
APPOINTMENTS - TEMPORARY, PROVISIONAL OR
home number is 894-5822.
PERMANENT
Thank you for your help.
I transmit herewith Appointments in the various
Sincerely,
departments made at the Minimum (Temporary,
James M. Armbruster
Provisional or Permanent) (as per contract
REFERRED TO THE SPECIAL COMMITTEE ON
requirements).
CLAIMS AND THE CORPORATION COUNSEL
REFERRED TO THE COMMITTEE ON CIVIL
SERVICE.
NO. 41
CERTIFICATE OF APPOINTMENT
NAMING FACILITIES
Appointment effective January 10, 2005 in the
The Board of Education is responsible for naming any
Department of Police, Division of Communications to
new facility. The Board, in its discretion, may establish
the position of Public Safety Dispatcher, Provisional
procedures for the naming of any building or other
Appointment at the Minimum Starting Salary of $28,164
District facility. In selecting a name for any facility, the
Seasonal, Non Competitive at the flat
Board may take into account those persons who have
Starting Salary of $7.00/hr
been involved in the planning, construction or
CERTIFICATE OF APPOINTMENT
renovation of the facility, or any other relevant
considerations. Suitable building plaques or other
Appointment Effective: January 15, 2005 in the
memorials may be authorized by the Board.
Department of Public Works Division of Buildings to the
The Board has established the following guidelines for
Position of Senior First Class Stationary Engineer,
naming school buildings:
Temporary Appointment at the Minimum Starting Salary
a)Changing the names of schools that are
of $10.25/hr
recommended to the Board of Education shall be
Jill White, 47 Marine Drive, Apt. 6M, Buffalo 14202
referred by the Board to the Executive Committee for
Anthony O. Shea, 203 McKinley Parkway, Buffalo, NY
investigation and recommendation.
14220
B)A recommendation to name school buildings should
SUZANNE VARA 157 NORWALK AVE BUFFALO,
be strongly urged by the community served by the
NEWYORK 14216
school and should be of such a nature that its approval
NO. 39
by the Board of Education will not be seen as a divisive
APPOINTMENTS - TEMPORARY, PROVISIONAL OR
act.
PERMANENT
c.)The Executive Committee shall publicly solicit
I transmit herewith Appointments in the various
alternative names or no change in name for the school
departments made at the Minimum(Temporary,
in question. This shall be done by placing a public
Provisional or Permanent) (as per contract
notice in newspapers that the Committee will, at some
requirements).
time within the following two (2) to four (4) weeks,
REFERRED TO THE COMMITTEE OF CIVIL
consider in a public hearing recommendations for the
SERVICE.
change in the name of the school in question.
CERTIFICATE OF APPOINTMENT
d.)The Executive Committee shall solicit
Appointment effective in the Department of Human
recommendations from any active alumnae
Resources, Division of Compensation & Benefits to the
associations associated with an existing school; its
Position of Insurance contract Analyst, Temporary
parent organization, whatever its name; and from
Appointment at the minimum Starting Salary of $35,576
representatives of the students in the school.
Maureen Higgins, 64 Edgewood Ave, Buffalo, NY
e.)In case of a new school, the Board shall solicit
14220
recommendations from the community that will be
NON-OFFICIAL COMMUNICATIONS, PETITIONS
served by the school in question. After a heating, the
AND REMONSTRANCES
Executive Committee will refer to the Superintendent
NON-OFFICIAL COMMUNICATIONS
the recommended names of the schools for
investigation. The investigation should examine the
NO. 40
appropriateness of the name for the school in question
INFO ACCIDENT WITH FIRE TRUCK
and, if it involves an individual, a review of the public
James M. Armbruster
record of the individual chosen to be honored thusly.
17 Saint Mary's Road
F School buildings are not to be named for
Buffalo, New York 14211-2629
organizations. our users that eBay plays a limited role as a publisher
REFERRED TO THE SPECIAL COMMITTEE ON of advertisements and a venue-provider. Sellers and
EDUCATION buyers e frea! estate listed on eBay have the
responsibility of complying with any and all local, state
NO. 42 and federal laws covering the offering for sale and sale
INFO REAL ESTATE FLIPPING of real estate, including any regulation of real estate
Dear Ms. Baldwin: "flipping." Our rules also make it clear that eBay makes
I have reviewed the letter that you wrote to Meg no representations about properties posted for sale on
Whitman dated October 14, 2004, regarding a our venue. Our rules require buyers to perform "all due
resolution addressing the problem of real estate diligence" before agreeing to purchase property, and all
"flipping" in the Buffalo area. I apologize for the delay in parties to a transaction are urged to seek the
providing you with a response, and I hope that this assistance of a licensed real estate professional and
information is useful to you and the Common Council real estate attorney. Such assistance would greatly
as you address this serious issue. diminish the possibility of "flipping."
As background to this issue, I would like to explain I certainly applaud the general goal of addressing the
eBay's policy on the posting of real estate on its site. I problem of real estate flipping in Buffalo. Regarding
have enclosed a copy of our real estate rules for your allegations of fraudulent real estate postings on eBay,
reference. eBay permits sellers of real estate to post we will review any and all reports of violations of our
their properties on our platform for potential buyers to User Agreement in this category and take whatever
view. In doing so, eBay provides sellers of real estate a action is appropriate, if any, under that Agreement and
venue through which they may advertise to potential our other user rules and policies.
buyers about the property they offer for sale. EBay I would also like to suggest that you contact Mary
does not engage in brokering, selling, purchasing or Kopley, Peter Carr or Ed Bogdan at Bogdan Lasky &
leasing the real estate listed on our venue. EBay does Kopley in Albany or Michelle Peacock, our internal
not counsel buyers or sellers, show properties, or State Government Relations representative in California
negotiate sales contracts. EBay simply allows members if you have any more questions about hearings or
to advertise real estate in a variety of formats as resolutions on this issue. You can reach the Bogdan
described below, and if the parties decide on their own office at 518-434-9000 and Michelle at 408-376-7207,
to reach an agreement to sell a particular property listed or mpeacock~ebay.com.
on the site, eBay plays absolutely no role in the I hope that this information is helpful to you and to the
consummation of that agreement. Common Council as you consider the best ways to
Real estate listing services on eBay are handled by address this issue, and I appreciate the opportunity to
eBay Real Estate Inc., a wholly-owned subsidiary of provide these comments. Certainly feel free to contact
eBay Inc. Through this mechanism, eBay offers two me if you need any additional information.
type Sincerely,
of auction-style listings: "Binding" and "Non-Binding." REFERRED TO THE COMMITTEE ONCOMMUNITY
• Binding Auctions DEVELOPMENT
These postings are designed to provide a venue to help AND THE CORPORATION COUNSEL
enable the sale of property by the seller to the highest
bidder, but they are not really legally "binding." Buyers NO. 43
and Sellers are urged to follow through on the FILLMORE/BUELL FIRE STATION PROJECT
transaction in good faith (subject to appropriate "DETERMINATION AND
diligence and contingencies), but it is their good faith FINDINGS;" RES # 114 CCP DECEMBER 28, 2004
alone that governs their behavior once the posting OUR MATTER NO.: 3011142
ends. The designation of a highest bidder does not Dear Mr. Chwalinski:
result in a contract to purchase the property posted, By letter dated January 5, 2004, Ms. Mary H. Baldwin,
and eBay plays no role in the interaction between the Legislative Staff Manager, mailed my partner, Charles
seller and any bidder once the listing ends. Martorana, Esq., a copy of the above-referenced
Non-Binding Auctions Resolution, requesting that we review it and respond to
This type of posting simply provides sellers with the it to your office by January 20, 2005. We are special
opportunity to advertise their real estate within the eBay counsel to the City relative to this eminent domain
community. There is no expectation that offering a proceeding, and the Resolution directs our office to
property for sale or bidding on a property will lead to the publish a Synopsis of the Determination and Findings
with the as required by law. The Eminent
sale of that property. At the end of the listing, it is Buffalo News,
anticipated that the seller will contact the high bidder to Domain Procedure Law requires that such publication
discuss the sale of the property, but there is no be made in two consecutive issues of the newspaper
obligation to complete that sale. Please be advised that we published the Synopsis of
the Determination and Findings with the
• Ad Format Listings Buffalo News
Real estate sellers can list their properties as a non-on January 6 and 7, 2005.
auction-style advertisement on eBay rather than Please contact me with any questions
through one of the two formats mentioned above. RECEIVED AND FILED
Potential buyers can provide their contact information to
the seller through eBay, and the seller can then contact NO. 44
the interested parties if she chooses to do so and INFO ERIE COUNTY SALES TAX INCREASE
discuss purchase of the property advertised. I write with great concern regarding the proposed
As the information provided above reveals, sales of real increase in the Erie County sales tax to g.25%. While I
estate do not actually take place on the eBay platform. have my concerns about the increase and the effects
Ebay simply allows its members to advertise real estate that it will have on the County, I am a firm believer that
and then consummate any proposed transaction off of the City of Buffalo should receive a fair share, as should
the eBay platform. The enclosed rules make it clear to the rest of the local governments throughout the
County. Dear City Clerk:
As you are aware, the most recent budget passed by Effective February 1, 2005, the Department of
the Erie County Legislature does include specific funds Environment and Planning has assigned a new
that will be allocated to the City of Buffalo. I planning staff member to assist your municipality in the
Respectfully request that if the State Assembly does completion of the coordinated review requirements
pass legislation enabling the County to increase the under New York State General Municipal Law 239. The
sales tax, that there be specific language to include the staff member assigned to the City of Buffalo is:
amount of funds that will be shared with the City of Review Planner." Telephone # e-mail address
Buffalo. Michael A. Alspaugh 858-6013 alspaugm@erie.gov
I wish that I had more confidence in the County at this Please forward this new information to any and all
lime that a request such as this was not necessary. appropriate staff and departments in your community
However, I do not have that confidence at this lime and including the Planning Board, Zoning Board of Appeals,
stress the Importance of specific language that reflects municipal attorney, building inspector, and any
the City's share of the increase. consultants you have assisting with development
Thank you for and consideration to this matter
your time proposal and projects.
and if you have any questions please do not hesitate to Mr. Thomas Dearing will continue to supervise the
contact me at 851-5155. County's planning staff and any questions you have
RECEIVED AND FILED may be directed to Tom or myself.
Very truly yours,
NO. 45 REFERRED TO THE MAYOR, ALL DEPT. HEADS
ORDINANCE AMEND AND THE ZONING
CHAPT 81- AUCTIONS/AUCTIONEERS BOARD OF APPEALS
Dear Mr. Fontana:
I am enclosing some comments which I hope that you NO. 47
will find helpful as you reframe the existing ordinance. It PARKING PROBLEM ON TRACY ST
would be my pleasure to meet with you and with any Dear Councilman Davis:
other members of your committee to expound on this I am writing this letter as a plea for help with the parking
information, or to assist you in any way that I can. problem on the block of Tracy St. between South
As you are aware through oar previous correspondence Elmwood and Delaware Ave. I have been seeking help
and our phone conversations, the existing and with this problem for many years and have frequently
proposed ordinance, without these modifications would discussed this issue with your office as well as with
be ruinous Councilwoman Barbara Miller- Williams, Mr. Joe
81-1 Definitions Giambra in the parking office, and the mayor's hot line.
Public Auction There are only three residential buildings on flats block
Appears to conflict with the uniform commercial of Tracy St. These homes were built in the mid 1800s,
code(section 2.312c) before the invention of the automobile, so the residents
(Enclosed) have no driveways and no place to park but the street
An auction sale is with reserve unless at the time the There are six unmetered parking spots on the street.
goods are put up or during the course of the auction it is We residents have to compete for parking spaces with
announced in express terms that the sale is without employees of businesses on Delaware Avenue during
reserve the day and with tenants of the building on 294-296 S.
81- 6 These records should not be filed and made a Elmwood (12 units with no parking) after 5P.M. The
matter of public record. This is private business. It situation becomes even worse during the winter months
would be more reasonable to require the auctioneers to when parking is not permitted on S, Elmwood.
keep "on file" this information to produce it on
and I was horn in Buffalo, went to school in Buffalo, have
demand. Section B&C constitutes restraint of trade.
A, worked in Buffalo, and have owned numerous
81-7 There is no reason to post an inventory and it properties in Buffalo. After living in the suburbs for a
should specifically not be available for examination by number of years, I chose to retire in the city because I
the bidder. enjoy the cultural opportunities and city lifestyle. I pay
81-8 No auctioneer, anywhere, would consider himself my taxes and fees, I support local businesses,
qualified to render such descriptions. The purchasers restaurants, theaters, orchestra, and the Bisons. I have
have adequate remedies at law. The new sentence, made many improvements to my home and help keep
however, is reasonable and would appear to meet the the street free of litter, improving the appearance of the
original intent of the section. ~ and raising property values.
81-9 Conflicts with UCC When I bought this property about 20 years ago, the
81-10b Unreasonable restraint, however if no inventory street was inhabited by transients, lower income people
is required to be filed then this is moot. without cars, and even prostitutes and drug dealers. By
81-11 This would mean that a person who opens a improving my property, I have Watched young
store and finds that he must close after 10 months professionals as tenants, improving the neighborhood
could not liquidate his goods by auction. This entire but also increasing the number of cam
paragraph should be stricken. I am 60 years old and handicapped (as is my wife). I
81-12 This information should be kept by the auctioneer have a handicapped parking permit (#1792595). When I
and produced on demand. It should not be a matter of leave the house to run errands, shop, or keep our many
public record- it is private business. doctors appointments, 1 am able to use the
81-14f Should be stricken. handicapped parking spots so I don't have to walk too
REFERRED TO THE COMMITTEE ON LEGISLATION far, but when I return home (often loaded down with
AND THE CORPORATION COUNSEL shopping bags), 1 am enable to park on my own street
I love this city and had hoped to live out the rest of my
NO. 46 years in this very unique house which is part of our
NEW PLANNING STAFF MEMBER city's great heritage. However, the parking situation on
this street has made me begin to consider moving out intention to sell the property by competitive bid. The
of state. property was in fact competitively bid on two occasions,
I am requesting that you bring this issue before the and heavily advertised in national, regional and local
common council, and I appreciate any help you can media. You have in your record evidence of this
provide to resolve this problem. The possibility of comprehensive marketing program.
parking permits (as used in areas of Rochester) has Despite our efforts, very few bidders responded and
been mentioned, and I would be willing to pay for such bid for the property by the advertised
a permit. This would not only solve my problem, but bid date and in accordance with the bid instructions,
would also add to the city's revenues. Or perhaps you
and your colleagues on the council can think of another As a result of the latest competitive bid, in 2003, the
solution. Empire State Development Corporation entered into a
I look forward to heating from you and thank you in contract to sell the property to Trathen Land
advance for your assistance. Corporation.
REFERRED TO THE COMMITTEE ON LEGISLATION Negotiations ensued between the City and State, and in
AND THE COMMISSIONER OF PUBLIC WORKS October, 2004, a preliminary agreement was worked
out, calling for the City of Buffalo to receive $330,000,
NO. 4890% of proceeds of the contracted for sale, in exchange
REMARKS OF MARC GANZ for releasing the reverter for the JN Adam
AT THE BUFFALO COMMON COUNCIL FINANCE Developmental Center surplus lands, together with the
COMMIITTEE reverter release for the water related properties that will
Chairman Davis and Members of the Buffalo supply the citizens of Perrysburg with a continued
Common Council. My name is Marc Ganz and J am the supply of safe drinking water.
Director of Real Property for the New York Slate We thank the Mayor, the Council Majority Leader and
Dormitory Authority, a position I have held since 1995. the Finance Committee Chairman for their support
Thank you for inviting me to speak today. ][ ask that my here. ] have been advised that the City of Buffalo
written remarks be distributed to all Common Council Common Council did not approve this reverter release
members, l further ask that my remarks and supporting resolution at your last Common Council meeting. Thus I
materials be introduced into the record and be included am appearing before you today.
as part of the proceedings upon which the final decision A Marine recently back from the Iraq War smilingly
is based. suggested that 1 remind you of the Marine slogan
Among other public purposes, the Dormatory Authority "Lead, Follow or Get Out of the Way."
and the Empire State Development Corporation After 18 years of indecision, the stalemate must end. As
represent New York State in connection with the the State's representative here, I tell you today that the
disposition of surplus mental hygiene agency lands Common Council has one week to decide---either
throughout New York State. With the development of approve the reverter release resolution offered by the
community residences and day programs for the Mayor and supported by the Stabilization Board, or,
disabled, there is no need for the State to own many of immediately accept a deed returning this surplus land to
the old developmental center campuses. So, from Buffalo. You must choose, and these are the only
Suffolk to Erie Counties, Bronx to Broome and areas in options available.
between, we have created community residences and This, my colleagues, is our clear message to you. We
programs for the developmental disabled, and then urge you to attend to Buffalo instead of Perrysburg, to
closed and privatized outdated campus properties, Forest Avenue instead of the Perrysburg Forest, to Erie
providing communities across the State with economic County instead of Cattaraugus County.
development, and allowing the State mental hygiene The City of Buffalo has a clear choice to make here. If
agencies, OMRDD and OMH, to use their resources to you do not grant the reverter release, you will accept
care for the disabled, instead of spending money on the transfer of this real estate back to the City. You will
securing white elephants. assume the risks of ownership, including the half million
This is what we intend 1o do for the citizens of dollars in property taxes due to Perrysburg,
Perrysburg. Cattaraugus County and the local school district. You
l am appearing here at your request to discuss the will have to resolve the environmental liability of
proposed reverter release for the JN Adam asbestos removal and the need to close the landfill on
Developmental Center lands in Perrysburg, sixty miles the property.
south of Buffalo in Cattaraugus County. The proposed For example, I have been advised that one Common
reverter release is in two parts that are somewhat Council member was able to enter one of the closed
connected; we have requested a release for about 675 buildings, without prior permission. If he could get in to
acres of land that the City of Buffalo conveyed to New the premises, think of others who come on to the
York State in 1952 (that is 53 years ago). Please note property, get hurt and then seek damages from the
that you do not own the property, you merely have the City.
right of reverter if the lands are no longer used for This is not a negotiation. We are asking you merely to
mental hygiene purposes. To assist the citizens of make a choice here, without further delay. If you
Perrysburg, we are also requesting that the City of choose to reject the reverter release, then you will need
Buffalo release from the reverter all of the water related to take back the property immediately and assume the
improvements made by New York State, so that the risks associated with owning this property. There is no
Village of Perrysburg citizens can continue to have a alternative here. The State has done its part -- twice.
safe potable water supply system. We can no longer afford to pay the costs of property we
This is not a new issue, as the record before you intend to sell.
includes land disposition correspondence as long ago My friends, your future is in Buffalo. We should be
as 1990 between the City and the State. In 1997 and working together, as we have in the past, about how to
1998, the Empire State Development Corporation develop the medical corridor with SUNY and Roswel|,
provided the City of Buffalo with actual notice of their ESDC and the Dormitory Authority working together
with the City; about improving and redeveloping the businesses that keep our families here. How many of
University District with SUN~', the Richardson Towers us have sent our children or have seriously considered
and the Museum District with Buff.State and improving moving somewhere else to find the kind of career that
other strategic zones within the City, like the Broadway just isn't here? This proposed change in government
Market, the reuse of the Aud, the Inner Harbor and the structure is a large step in putting Greater Buffalo on
Railroad Terminal. even footing with the places people leave here for -
We should be working together also on improving the Louisville, Jacksonville, Denver, Indianapolis, and
provision of housing and supportive services to the others. As they move further forward, we get further
disabled in the City of Buffalo. We have been aiding behind.
TM
you in all of these very important medical, social
This merger would make "Greater Buffalo" the 10
services, educational and economic development
largest city in the United States and would show the
missions, contributing positively to the future of Buffalo.
nation, and ourselves, that we are a world-class,
The Governor is in Albany today releasing his
progressive region. Before its merger in 1971,
recommended State Budget. The Western New York
community leaders understood the perception that
Legislative Delegation is with the Governor, but knows
Indianapolis had little or no name recognition, even
of the JN Adam matter. I recommend that you
coining the term Local leaders used the
"Indianoplace."
immediately place calls to your Western New York
merger as an impetus to create the image of the region
legislative delegation and get their views on this matter.
as a major player in the amateur sports world and a
There is a victim here, a small businessman from York,
bustling metropolis. We can do the same.
in Livingston County, who has provided you with
Business as usual is just not working. We have had the
documentation of a superior record of land
same fragmented government structure for over a
management. He has waited patiently for over a year
hundred years. It's inefficient and ineffective and not as
while the City and State negotiated an agreement for
responsive to the people as it should be. Listening to
the reverter release. Your lack of action here is nothing
people in the area, we have found that people from all
less than a signal to all small business owners that they
walks of life and all communities are extremely
cannot trust government to carry out economic
dissatisfied with the way things are going in our
development programs.
community and are ready for a change. This is our
As we have throughout this proceeding, we merely ask
opportunity to do something about it. Don't just be
for your cooperation here.
dissatisfied; help lead Buffalo and Erie County to a
th
Please let us know by January 25your decision on brighter future.
this matter. HOW THE PROPOSED CITY/COUNTY MERGER
Thank you again for letting us share our views on this PROCESS WORKS
important matter. The proposed legislation enabling the city and county to
RECEIVED AND FILED merge is made public in January 2005.
The legislation enabling the City of Buffalo and the
NO. 49 County of Erie to revise the county charter to allow for a
US ENVIRONMENTAL PROTECTION AGENCY merger referendum is delivered to the Erie County
(EPA) Legislature.
CONSERVATION CHALLENGE GRANT The Erie County Legislature has the opportunity to
As a follow up to my recent resolution regarding City amend the proposed legislation before forwarding it in a
recycling efforts, attached is an announcement of grant "Home Rule" request to the New York State Legislature
funding which is available from the EPA. for approval. The County Legislature requires 10 votes
$240,000 in grant funds are available for the following: to pass on the proposed legislation to the NYS
Pollution reduction and prevention Legislature.
Recycling, reuse and reduction of solid waste The legislation is reviewed and can be amended by the
Environmentally preferable purchasing NYS Legislature. Once approved, the bill requires the
Green building research and development governor's signature. Once the governor signs the bill,
Energy conservation and innovation a Charter Review Commission is empowered to
Community revitalization propose changes to the current county charter to allow
Minimization of chemicals for and properly structure the merger, within the limits of
The EPA expects toward 7 to 12 grants out of the the enabling legislation passed at the state level.
$240,000. The deadline for applying is March 15, 2005 The approved legislation is sent back to the Erie County
REFERRED TO THE COMMITTEE ON COMMUITY Legislature for final vote and approval. The proposed
DEVELOPMENT THE DIRECTOR OD STRATEGIC charter changes are brought to a "dual" public
PLANNING AND THE COMMISSIONER PUBLIC referendum - which requires a majority passage in Erie
WORKS County cities as a block and Erie County towns as a
block of votes.
NO. 50 A series of public hearings are set within Erie County
PROPOSED MERGER OF THE CITY OF BUFFALO for review and comment on the legislation and charter
AND ERIE COUNTY revisions before the item goes for a November 2005
Our region experienced economic and population referendum vote in Erie County. Revisions to the
decline for decades. While this proposed city/county charter can be made up to 60 days prior to the item
merger is not the "silver bullet" that will bring Greater being put on the ballot.
TM
REFERRED TO THE COMMITTEE ON LEGISLATION
Buffalo back to its 19century prominence, it can
AND THE CORPORATION COUNSEL
help jumpstart the process of looking forward and
moving forward. We need to make our future brighter
NO. 51
than our recent past has been.
Proposed Gas Station-333 Amherst St.-Information
We are in competition with other areas for jobs and
Please find attached information supplied at the
people that are better able to retain and attract the
January 18, 2005, Legislation Committee Meeting from
opponents of the proposed gas station to be located at large buildings which could not only he dangerous but
Tops at 333 Amherst St. run into the millions of dollars. As reported to you
This information contains: earlier, if action is not taken now, over 2.6 million
240 letters to Mayor Masiello opposing the proposed dollars in hardship grant and loan money for the water
gas station, district could he lost. Who will take responsibility for
2 letters to Frank Manuel, Chair of the CPBD dated Jan that? Let's work together and not against each other
14, 2005 & Jan 15, 2005, before it is too late.
2 sheets containing a total of 8 pictures of the area REFERRED TO THE COMMITTEE ON FINANCE
relating to the
proposal. NO. 54
Please file this document for the Common Council's Genesee Village Apartments
review. We are developing 87 apartments and 35,000 square
COPY AVAILABLE IN THE CITY CLERKS OFFICE foot commercial complex in the Genesee Village. The
RECEIVED AND FILED total cost of the project is $18 million dollars.
The property is being developed with $2.8 million
NO. 52 dollars in equity, the proceeds from New Markets Tax
INFO JOE MESI RESOLUTION Credits, Historical Tax Credits, State Tax Credits,
TO City Clerk - please include the following in the Conventional Financing, and PILOT Incremental
agenda for the next Financing.
I'm writing in response to the resolution in support of The PILOT Incremental Financing and New Markets
Joe Mesi that you passed on January 11, I realize you Tax Credits are new methods of raising capital that can
feel you have Mesi's best interests at heart, but it is the be used for this project and other neighborhood retail
Nevada Boxing Commission that really has his bests projects.
interests at heart If he has suffered brain injury he We would like the opportunity to appear before your
should be kept from boxing, if he isn't smart enough to economic development committee to explain our project
stop by himself, as Pat LaFontaine did. and how this model can be used throughout the City of
Mesi can sue the MRI companies that read his MSRI Buffalo.
unfavorably, but he would be better off if he simply Appearing with me would be Michael Conway from Erie
accepted the readings and retired. Even if he convinces County Industrial Development Agency, Joseph
some doctors that his brain has healed, all they can do Eieheldinger from Citibank, Brian Smith from
is certify his readiness to fight, The next punch he takes Community Preservation Corporation, and Michael
may inflict more damage and leave Mesi on the canvas-Anthony of M &T Bank.
-or in the morgue. We need to continue looking outside the box for
I'm dismayed that the Common Council is championing creative ways to raise capital for difficult projects. We
a man whose only marketable skill is to injure his think our presentation will be helpful and enlightening to
opponent. Despite this, Mesi and other boxers are the Council.
somehow transformed into folk heroes We've had some Please call me at 646-0047 or 861-5385. We look
goons on the Bills and Sabres, but they didn't get forward to your response.
Common Council endorsement. Why should Mesi REFERRED TO THE COMMITTEE ON FINANCE
receive it?
Past of the answer to that question is Mesi's skillful NO. 55
selling of himself as a patron of Children's Hospital and INFO TAXI CAB RATES
other community institutions. It's the height of irony that The Taxi Cab Companies have approached the City of
an institution dedicated to healing should accept Buffalo Taxi Cab Commission to request a raise for the
support from a man who hurts people for a living .In our Taxi Cab Industry. The proposed rate is to add an
City of Good Neighbors we should embody the values additional 10 cents to the current 35 cents on the 1/6
of peace and non-violence. The Common Council mile and waiting time.
should distance itself from thus man who is no better Any increase would be highly appreciated but the
than the Mafia enforcer whose code of values is 'Show proposed rate increase of 10 cents would allow each
me the man, give me the money and I’ll hurt him." vehicle to increase their wages by 60 cents per mile at
RECEIVED AND FILED 1/6 of a mile for the waiting time as well.
We at Cold Spring would appreciate the consideration
NO. 53 of allowing our company to continue our drop rate of
SALE OF JN ADAMS PROPERTY $1.80 per mile as we have performed since the initial
It is our understanding that the council voted against $1.80 has been installed in past years. We appreciate
the sale of the JN Adams property in Perrysburg by a your concern with allowing us to take the 10 cents
vote of 5 to 4. We respect elected officials when they increase by increasing our mileage and help combating
vote for what they believe is right; but feel a serious the rising insurance cost, fuel, upkeep and maintenance
mistake has been made and ask you to reconsider. We of the newer vehicles.
feel it is important that government agencies work We appreciate your concern in this matter and we
together because everyone loses if they do not. State would hope for a positive outcome at the meeting and a
officials are very upset over this situation and there will win for the City and Taxi Cab Industry.
he repercussions if this matter is not settled soon. If the REFERRED TO THE COMMITTEE ON LEGISLATION
state reverts the property back to the city of Buffalo, you
will face many problems. Our residents are also very NO. 56
concerned and feel the city should he made Recommendations for Minority Inclusion on Phase
accountable for taxes from the past years as well as II of Buffalo Schools
future taxes. In addition, it is felt the city should be Below is a list of recommendations to improve and
responsible for repair and upkeep of the buildings, or; if enhance African and other minority business owner
it should become necessary, the demolition of these participation on Phase II of Joint School Reconstruction
Program. with the pending site plan application for the Project to
Meeting the requirements of Phase II of M/WBE address the issues and concerns raised about the
participation on the $300 million project, this must Project at the public hearings held on January 18, 2005.
include contractors, vendors, and professional service Once these issues have been addressed, Tops will
providers. refile an application for the necessary restricted use
Utilizing the ECIDA, M&T Bank, and BERC contractor permits
loan programs to assist M/WBEs with financing of Please remove restricted use permits from any pending
contracts. This will help with cash flow problems. Common Council Agendas. Thank you for your
Hold two Pre-Bid- Outreach Conferences for MWBE's assistance in this matter.
for Phase II that focuses on the project. Straight Talk is REFERRED TO THE COMMITTEE ON LEGISLATION
nice, but event does not focus exclusively on the school AND THE BOARD OF EDUCATION
project.
Hold Career Fair with building trades and companies to No. 59
participate on Phase II. We know how many jobs will be TAXI RATES
available, let's work together to fill them. We at Cold Spring Taxi understand that there is a
Eliminate minority front companies from the project, this potential lobby set forth to make the rates displayed on
limits opportunities for legitimate M/WBE firms. Buffalo's taxi vehicles the same and allowing the drivers
Clearing up ofEEO1, EEO 2 and EEO 3A paper work, to dictate what their charges will be for each fare. We
the changes made by the JSCB should be explicitly feel that it would be a grave mistake to utilize this
state in all contracts. method of charging; we have tried that once before and
Greater Diversity of Project Managers on Ciminelli have been unsuccessful at that approach and although
Team. There are a few project managers of color the taxi companies are labeled as the same type of
goal should be to have at least 5 for Phase II. Also, business, each company does not support the same
there are no persons of color in key decision making client base nor generate their income in the same
positions at the executive level on this project. manner, So by setting one rate for all companies and
REFERRED TO THE COMMITTEE ON EDUCATION , not allowing them to display their competitive rates with
THE JOINT SCHOOL CONSTRUCTION BOARD AND the market their in, will create insensitivity to the
THE BOARD OF EDUCATION customers they service.
For all taxi companies to adhere to the same
NO. 57 rate and then turn around and allow the drivers to
INFO JN ADAM PROJECT determine rates disturbs the network in the taxi
First of all I want to thank you for allowing me to industry. We at Cold Spring Taxi have sat down with
represent myself to your committee. I felt the meeting our drivers and colleagues as a whole and came up
was informative and very professionally executed. with a plan of how we would charge our customers. Our
As promised, l have enclosed preliminary cost drop rates have been our recourse of action in this
projections for the JN Adam project. There will still have economic time and we have agreed as a whole that we
to be more due diligence on our part as well as starting will continue to charge the rates that are currently on
the dialogue with regulatory bodies on this project. My our vehicles with the exception of the potential five cent
hope is to also receive some relief from various federal increase for mileage and wait time. If we were to give
programs. rates other than what is displayed on our rate sheets,
Gentlemen, along with this please keep in mind that I what would be the need for meters? We are asking you
have also agreed, in writing, to get written consent from to NOT support any company that wants to utilize one
the city of Buffalo before anything can be done to the unified rate for the industry as a whole and then turn
main domed area of the campus. This is an interracial around and use a self-determined rate for the individual
part of the whole rehabilitation project. drivers.
Mr. Davis, Mr. Fontana I think you would have to agree We are a small business that caters to the
that this is highly unfeasible for the City of Buffalo to inner-city and would like to continue to accommodate
enter into this project. The risk/reward ratio is just not the economics centered in this type of area, as well as
there. trying to create enough revenue to stay afloat as
If l can be of any further assistance please do not business owners in these times of financial adversity.
hesitate to call me. I look forward to this challenging REFERRED TO THE COMMITTEE ON LEGISLATION
project startup.
REFERRED TO COMMITTEE ON FINANCE Regular Committees
NO. 58 CIVIL SERVICE
Application to construct an accessory fueling (Bonnie E. Russell, Chairperson)
facility at the Tops Market located at 345
Amherst Street in Buffalo, New York (Store NO. 60
#210) Appt Account Clerk(Temp)(Inter)(Assess)
By letter dated December 17, 2004, Tops Markets LLC (C.C.P # 19, Jan i1,2005)
("Tops") filed an application for site plan approval from That the Temporary Appointment of Mary Jane Savage
the Planning Board and two restricted use permits from of 207 West Ferry St, Buffalo NY 14213 at the Second
the Common Council with regard to the proposed step of $27,009 be the same and is approved.
construction and operation of an accessory fueling PASSED
facility at the existing Tops Market at 345 Amherst AYES – 8 NOES 0
Street in the City of Buffalo ("Project"). NO. 61
On behalf of Tops, we hereby withdraw the application Appt Fire Lieutenant (Cont Perm)(Fire)
for two restricted use permits from the Common Council (CCP#32,01/I 1)
for the Project. That the above item be and the same hereby is
Tops will work with the Planning Board in connection Received and Filed
ADOPTED NO. 70
JN Adam SEQR Review (CC) (CCP#37,01/11)
NO. 62 That the above item be and the same hereby is
Appt Personnel Specialist II (Temp)(Inter)(HR) Received and Filed
(C.C.P # 42, Jan 11, 2004) ADOPTED
That the Temporary Appointment of Carolyn Lenczyk of
129 Walter St, Buffalo NY 14210 at the Second Step of NO. 71
$42,964 be the same and is approved. R. LeFer JN Adam Development Center Concern on
PASSED Long term Stewardship
AYES-8 NOES-0 (CCP#58,01/11)
That the above item be and the same hereby is
NO. 63 Received and Filed
Notices of Appointments Temp/Prov/Perm ADOPTED
(CCP#48,01/11) NO. 72
That the above item be and the same hereby is G. MIKOL NY STATE DEPT ENVIRO CON-REQUEST
Received and Filed STATE FORESTER INSPECTION JN ADAM
ADOPTED HOSPITAL (CCP#60,01/11)
That the above item be and the same hereby is
FINANCE Received and Filed
(Brian C. Davis, Chairman) ADOPTED
NO. 64 NO. 73
Easement Agreement Verizon for Use of 3010 & N. MINGUS-CONCEM OVER STATE'S INTENDED
3012 Main Street SALE OF THE JN ADAM HOSPITAL COMPLEX
(Item No. 1, C.C.P., Jan. 11, 2005) (CCP#61,01/11)
That the above item be, and the same hereby is, That the above item be and the same hereby is
returned to the Common Council without Received and Filed
recommendation. ADOPTED
Mr. Davis moved that the above item be recommitted to
the Committee on Finance. NO. 74
ADOPTED M. SPRAGUE-ISSUE OF SALE OF JN ADAM
DEVELOPMENTAL CENTER
NO. 65 (CCP#63,01/11)
Authorized but unissued Bonds That the above item be and the same hereby is
(CCP#21,01/11) Received and Filed
That the above item be and the same hereby is ADOPTED
Received and Filed
NO. 75
NO 66 TRATHEN LAND CO-JN ADAM FACILITY PHASES
B. Davis-Suggest Using Green Totes for Leaf FOR THE FUTURE
Collection (CCP#66,01/11)
(CCP#24,01/11) That the above item be and the same hereby is
That the above item be and the same hereby is Received and Filed
Received and Filed ADOPTED
ADOPTED
NO. 76
NO. 67 J.N. ADAM DEVELOPMENT CENTER- RELEASE OF
JN Adam Dev Center Perrysburg NY (WNY Land REVERSIONARY INTEREST
Conservancy)(CC) (ITEM NO. 126, C.C.P., JAN. 11, 2005)
(CCP#34,01/11) That the above item be, and the same hereby is,
That the above item be and the same hereby is returned to the Common Council without
Received and Filed recommendation.
ADOPTED Mr. Davis moved that the above item be recommitted to
the Committee on Finance.
NO. 68 ADOPTED
JN Adam Dev Center Perrysburg NY (NYS
Dormitory Auth)(CC) NO. 77
(CCP#35,01/11) INCREASED APPROPRIATION FUND BALANCE
That the above item be and the same hereby is CAPITAL PROJECTS
Received and Filed (CCP#151,12/14)
ADOPTED That the above item be and the same hereby is
Received and Filed
NO. 69 ADOPTED
JN Adam Dev Center Perrysburg NY (Empire State
Final Media Schedule)(CC) NO. 78
(CCP#36,01/11) L. JASINSKI-OPINION PAY INVOICES FOR TOSH
That the above item be and the same hereby is COLLINS AND CAZ ICE RINK
Received and Filed (CCP#52,12/28)
ADOPTED That the above item be and the same hereby is
Received and Filed
ADOPTED That the above item be and the same hereby is
Received and Filed
LEGISLATION ADOPTED
(RICHARD A. FONTANA, CHAIRMAN)
NO. 86
NO. 79 LL INTRO# 16 AMEND EST OF OFFICE HOMELAND
M. ROMANOWSKI, ESQ., PETITION TO USE 333 SECURITY/EMERGENCY MNGT(# 121,12/28)
AMHERST STREET - CONSTRUCT AND (CCP#101,01/11)
ACCESSORY FUELING That the above item be and the same hereby is
(ITEM NO. 67, C.C.P., JAN. 11, 2005) Received and Filed
That after the public hearing before the Committee on ADOPTED
Legislation on January 18, 2005, the petition of Mark
Romanowski, Esq., agent, for permission to use 333 NO. 87
Amherst Street - to erect a gasoline filling station to a APPOINTMENT AND REAPPOINTMENTS OF
supermarket lot be, and hereby is denied. MEMBERS TO THE BUFFALO WATER BOARD
ADOPTED (ITEM NO. 1, C.C.P., DEC. 28, 2004)
That the appointment of members of the Buffalo Water
NO. 80 Board of David P. Comerford, residing at 114 Whitehall
LICENSING OF ADULT USE Street, for a term commencing immediately and expire
ESTABLISHMENTS(PERMITS on December 31, 2006; of Ronald F. Mandell, residing
(CCP#41,01/11) at 78 Starin Avenue, for a term commencing January 1,
That the above item be and the same hereby is 2005 and expire on December 31, 2006. The previous
Received and Filed reappointments of James B. Milroy, residing at 155
ADOPTED Massachusetts Avenue and Charles McGriff residing at
117 Lexington Avenue for terms to expire on December
NO. 81 31, 2005. For the reappointment of Victoria J. Saxon,
B. RUSSELL-LEGAL SERVICES FOR THE ELDERLY residing at 56 Dana Road; Warren K. Galloway,
DISABLED OR DISADVANTAGED OF WNY, COB residing at 111 W. Humboldt Parkway and John R.
WATER AND/OR USER FEE FORECLOSURE Sole, residing at 641 Forest Avenue for two-year terms
NOTICES (CCP#62,01/11) to expire on December 31, 2006 be, and they hereby
That the above item be and the same hereby is are approved.
Received and Filed PASSED
ADOPTED AYES - 8 NOES – 0
NO. 82 NO. 88
FONTANA-HOLD ADELPHIA RENEWAL J. BREM-INFO PEST MNGT ATTENDANCE
NO
(CCP#55,12/28)
HEARING(I/12/2005 AT 5:00 PM (2RES)
That the above item be and the same hereby is
(CCP#123,01/11)
Received and Filed
That the above item be and the same hereby is
ADOPTED
Received and Filed
ADOPTED
NO. 89
SECONDHAND DEALER - 220 ALLEN STREET
NO. 83
(ITEM NO. 37, C.C.P., NOV. 16, 2004)
ORDINANCE AMENDMENT - CHAPTER 437 -
(ITEM NO. 104, C.C.P., DEC. 14, 2004)
TAXICABS AND LIVERIES
That the above item be, and the same hereby is
(ITEM NO. 128, C.C.P., JAN. 11, 2005)
returned to the Common Council without
That the above item be, and the same hereby is,
recommendation.
returned to the Common Council without
Mr. Fontana moved
recommendation.
That pursuant to Chapter 254 of the City Code, the
Mr. Fontana moved
Commissioner of Permit & Inspections Services be, and
That the above-mentioned item be and the same is
he hereby is authorized to grant a Secondhand Dealer
hereby received and filed.
license to Josiah Schultz d/b/a Allentowns Last Stop
ADOPTED
located at 220 Allen Street.
PASSED
NO. 84
AYES - 8 NOES - 0
ORDINANCE AMENDMENT - CHAPTER 414-3
(SPECIAL EVENTS)
NO. 90
(ITEM NO. 118, C.C.P., DEC. 28, 2004) (ITEM NO.
LL INTRO # 13 (2004) AMEND CHARTER COB EST
102, C.C.P., JAN. 11, 2005)
HOMELAND SEC/EMERG MGMT
That the above item be, and the same hereby is,
(CCP#165,09/07)
returned to the Common Council without
That the above item be and the same hereby is
recommendation.
Received and Filed
Mr. Fontana moved that the above item be recommitted
ADOPTED
to the Committee on Legislation
ADOPTED
NO. 91
ASSESSMENT REBATE ON HOME IMPROVEMENTS
NO. 85
TH TH
(5& 6RES ONLY)
LL INTRO# 17 ESTABLISHMENT OF COMM OF
STRATEGIC PLANNING(#116,12/28) (CCP#150,09/07)
(CCP#99,01/11) That the above item be and the same hereby is
Received and Filed Mr. Fontana
ADOPTED That the above-mentioned item be and the same is
hereby received and filed.
NO. 92 ADOPTED
TAX EXEMPTION FOR CAPITAL IMPROVEMENTS
(LAW) NO.101
(CCP#38,11/03) C. Cunningham-Ordinance Amendment Chapter 81-
That the above item be and the same hereby is Auctions/Auctioneers
Received and Filed (CCP#58,12/23)
ADOPTED That the above item be and the same hereby is
Received and Filed
NO. 93 ADOPTED
INCREASING THE DOWN PAYMENT REQUIRED
FOR CITY FORECLOSURE SALE (ASSESS)
(CCP#9,12/14) NO. 102
That the above item be and the same hereby is B. Davis-Floating Dock Platform Installed in Front
Received and Filed of Gull Landing Condominium
ADOPTED (CCP#59,11/3)
That the above item be and the same hereby is
NO. 94 Received and Filed
INCREASING THE DOWN PAYMENT FOR CITY ADOPTED
FORECLOSURE SALE (CC)
(CCP#30,12/14) NO. 103
That the above item be and the same hereby is B. Davis-Floating Dock Platform Installed in Front
Received and Filed of Gull Landing Condominium(PW)
ADOPTED(CCP#17,11/16)
That the above item be and the same hereby is
NO. 95 Received and Filed
INCLUDE DEMOLITIONS IN ELMWOOD AVE USE ADOPTED
PERMIT
(CCP#130,11/16) NO. 104
That the above item be and the same hereby is B. Davis-Dock in Front of Gull Landing
Received and Filed (CCP#45,11/30)
ADOPTED That the above item be and the same hereby is
Received and Filed
NO. 96 ADOPTED
ELMWOOD AVE DEMOLITIONS AS A RESTRICTED
USE(STRAT PLAN) NO. 105
(CCP#7,11/30) B. Davis-J. Alexander Gull Landing Docks
That the above item be and the same hereby is (CCP#54,12/14)
Received and Filed That the above item be and the same hereby is
ADOPTED Received and Filed
ADOPTED
NO. 97
PREVENT ILLEGAL DEMOLITIONS(PERMITS) NO. 106
(CCP#25,10/19) Appointments Board of Assessment Temp &
That the above item be and the same hereby is Perm(CC)
Received and Filed (CCP#24,11/30)
ADOPTED That the above item be and the same hereby is
Received and Filed
NO. 98 ADOPTED
PREVENT ILLEGAL DEMOLITIONS(PRES BD))
(CCP#2,10/5) NO. 107
That the above item be and the same hereby is M. Coppola-Req List of Recommended Appointees
Received and Filed to The
ADOPTED Bflo Water Bd
(CCP#44,11/30)
NO. 99 That the above item be and the same hereby is
Ord Amendment Chapter 437 Taxi Cabs & Liveries Received and Filed
(CCP#147,11/30) ADOPTED
That the above item be and the same hereby is
Received and Filed
COMMUNITY DEVELOPMENT
ADOPTED
NO. 100
(Joseph Golombek Jr., Chairman)
Ordinance Amendment - Chapter 16 - Finance
(Item No. 147, C.C.P., Dec. 14, 2004)
NO. 108
That the above item be, and the same hereby is,
Inv. Env. Hazards - 735 Humboldt Pkwy.
returned to the Common Council without
(CCP#212,02/06)
recommendation.
That the above item be and the same hereby is
Received and Filed Received and Filed
ADOPTED ADOPTED
NO. 109 NO. 118
Abandonment Sale 493,503,541 & 543 Seneca (Ell) B. Davis-Burgard High School (CCP#51,12/14)
(Strat Plan) That the above item be and the same hereby is
(CCP#5 11/03) Received and Filed
That the above item be and the same hereby is referred ADOPTED
to the Committee on Finance NO. 119
ADOPTED A. Thompson-Seneca Vocational HS Certified Shop
Teacher
NO. 110 (CCP#71,12/14)
Demolition Report 11/17/04 (Strat Plan) That the above item be and the same hereby is
(CCP#4 12/14) Received and Filed
That the above item be and the same hereby is ADOPTED
Received and Filed
ADOPTED RESOLUTIONS
NO. 111 NO. 120
Status of HUD Home Funding (3 rd Resolve Only) By: Mr. Coppola
(CCP#116 10/19) Ordinance Amendment
That the above item be and the same hereby is Chapter 16, Finance
Received and Filed The Common Council of the City of Buffalo does hereby
ADOPTED ordain as follows:
That Chapter 16 of the Code of the City of Buffalo be
NO. 112 amended to read as follows:
$4 Million State Pymt. to NFTA for 80 Acres of §16-8. Damage to employee's personal effects.
Waterfront Land – A. A claim for damage to clothing, eyeglasses,
st th
working tools, personal automobiles, vehicles and other
Should Pay COB (Exc. 1& 4Res)
personal [effects] property, except money, bonds and
(CCP# 156,03/30)
valuable papers, of an employee of a city agency
That the above item be and the same hereby is
arising out of and in the scope of his employment by
Received and Filed
reason of negligence or fault upon the part of the city, a
ADOPTED
fellow employee or a third party and, in addition, in the
case of a policeman in the pursuit of criminals or
NO. 113
suspects and, in the case of a fireman, when caused by
S.West - Reorganization of Staff (CCP#63 11/16)
the condition of premises or material or substances on
That the above item be and the same hereby is
premises or by the falling or burning of objects at a fire
Received and Filed
or by an explosion may, in the exclusive discretion of
ADOPTED
the Council, be paid. However, no claim shall be paid if
the damage is caused by negligence or fault on the part
NO. 114
of the claimant-. [or if the personal property so
T. Biondolilli- Intent to Purchase Former School #63
damaged was out of the immediate custody or control
(Bd of Ed)
of the claimant at the time of the occurrence of the
(CCP#39 12/14)
damage or had mysteriously disappeared or had been
That the above item be and the same hereby is
stolen.] The tools and working equipment of an
Received and Filed
employee of a city agency left at his place of
ADOPTED
employment shall be considered under his custody and
control.
NO. 115
B. No claim for damages provided for in this
T. Biondolilli- Intent to Purchase Former School #63
section shall be paid unless a written claim is filed with
(CCP#40 11/30)
the [City Clerk] Department of Law within [sixty (60)]
That the above item be and the same hereby is
(90) days from the time of the occurrence of the
Received and Filed
damage.
ADOPTED
C. No claim for damages provided for in this
section, that are criminal in nature, shall be paid unless
NO. 116
the appropriate report is first filed with the Buffalo Police
Buffalo Solar Learning Park Project
Department within two (2) business days from the date
(Item No. 155, C.C.P., Dec. 14, 2004)
of the occurrence of the damage. In addition, a
Mr. Golombek moved that the above item be
departmental report must be completed by the
recommitted to the Committee on Community
employee and provided to the employee's supervisor
Development.
no later than two (2) business days from the date of the
ADOPTED
occurrence of the damage, and a copy of said report
must be attached to the Notice of Claim filed with the
EDUCATION
Department of Law.
(Antoine M. Thompson, Chairman)
It is hereby certified pursuant to Section 3-19 of the
Charter of the City of Buffalo, that the immediate
NO. 117
passage of the foregoing ordinance is necessary.
Uniform Policy in Buffalo Public Schools (CC)
APPROVED AS TO FORM
(CCP#34,12/14)
Matter underlined is new. Matter in brackets to be
That the above item be and the same hereby is
deleted. with the RAC and the City of Buffalo, the City has four
PASSED appointments to the RAC Board of Directors; and
AYES-8 NOES-0 Whereas: The Council has two one year appointments
to the RAC Board and the Mayor has two one year
NO. 121 appointments; and
Mr. Coppola Whereas: The current Board terms expire in the spring,
Excuse Councilmember Brian C. Davis From when the RAC holds their Annual Meeting; and
Session Whereas: The current Mayoral appointees serving are
Whereas: Ellicott District Councilmember Brian C. Fred Heinle and the other position is vacant; and
Davis will not be in Whereas: The current Council appointees are Pharilee
attendance for Common Council session on January Hall and Byron Goines; and
25, 2005; and Whereas: Marilyn Rodgers of 81 Johnson Park, would
Whereas: Councilmember Brian C. Davis has make an excellent addition to the RAC Board of
requested permission to be Directors; and
excused from said session. Whereas: Ms. Rodgers is very active in housing issues
Now Therefore Be It Resolved: and currently serves as the Housing Court Liaison for
That this Common Council excuses Councilmember the Ellicott Council District.
Brian C. Davis Now Therefore Be It Resolved:
from attendance for the session to be held on January That the Council appoints Marilyn Rodgers to the RAC
25, 2005. Board of Directors.
Be It Further Resolved:
NO. 122 That this item is referred to an appropriate committee of
Mr. Davis and Mr. Thompson AND MR. FONTANA the Council for further consideration.
Request Opinion from the NYS REFERRED TO COMMITTEE ON LEGISLATION
Attorney General on Merging City of Buffalo and Erie
County Government NO. 124
Whereas: The Greater Buffalo Commission (GBC) BY: MR. FRANCZYK
released proposed legislation seeking the merger of the RE: FUTURE FOR SCHOOL 44
City of Buffalo with the County of Erie government; and WHEREAS: School 44, known as the Lincoln Academy,
whereas: The proposed merger will alter the located on Broadway at Krupp Street, is slated to
governance of the City of Buffalo and the County of Erie become a "Swing School"; and,
leaving the county's 43 remaining cities, towns and WHEREAS: Currently a neighborhood school, School
villages legislative structures operating independently of 44 will now absorb the remnants of some of its students
the proposed City of Buffalo and County of Erie merger; with students from School 94. The children from school
and 38 and 44 are slated to be split between both schools in
Whereas: The GBC alleges that an "alternative form school year 2005-06. Grades 4-8, over 194 students at
of county government" will be the best legal structure to School 44 will be redistributed to other school buildings;
continue to provide the countywide services Erie and,
County is primarily responsible for now and the City of WHEREAS: With the recent closing of School 57, there
Buffalo would continue to operate as a stand alone will no longer be a Neighborhood School in Broadway-
service district. Funding for the new service district will Fillmore, and the danger exists for another vacant,
be allocated by the "new" Greater Buffalo government abandoned building should the "Swing School" close in
structure with very little regard to the amount of revenue two years; and,
the City of Buffalo will take in under its current taxing WHEREAS: Plans by the Joint School Construction
and funding allocation structure. Board originally envisioned a new school being built in
Whereas: The GBC alleges the City of Buffalo the Miller Street area, but to date progress toward this
Common does not have an approval fight (process) in goal is unclear; and,
determining its referendum should be sent to the voters WHEREAS: Many of the buildings and businesses in
within its jurisdiction. the community have closed, leaving a plethora of
Now Therefore Be It Resolved: boarded-up properties. The closing of School 44 in two
That the Buffalo Common Council requests its years would add to this list; and,
Corporation Counsel to contact the NYS Attorney WHEREAS: Students need a reliable neighborhood
General's Office for a ruling on the rights of the school within walking distance, rather than depending
Buffalo as it pertains to the allegations made by the on long commutes on public transportation; and,
Greater Buffalo Commission within its study released WHEREAS: The community needs to be informed if
January 19, 2004; and School 44/Lincoin Academy will be included in Phase III
Be It Finally Resolved: planning for new school rehabilitation/construction to
That this resolution remain in the Legislation Committee guarantee a permanent, fully operational primary school
of the Buffalo Common Council until it is deemed no in the area;
longer necessary. NOW THEREFORE BE IT RESOLVED:
REFERRED TO THE NYS ATTORNEY GENERAL That the Common Council supports a fully staffed and
AND THE FINAL RESOLVE TO THE COMMITTEE ON operational primary school in Broadway-Fillmore,
LEGISLATION AND THE CORPORATION COUNSEL possibly at a rehabilitated and rebuilt Lincoln Academy,
where student performance has been improving,
NO. 123 despite recent underperformance; and,
Sponsor: Mr. Davis BE IT FINALLY RESOLVED:
Council Appointment to the Rental That the Common Council solicit comments from the
Assistance Corporation (RAC) Board of Education and School Administrators on this
Board of Directors issue.
Whereas: Pursuant to the requirements of a contract REFERRED TO THE COMMITTEE ON EDUCATION
AND THE NOW THEREFORE BE IT RESOLVED:
BOARD OF EDUCATION That the Common Council wishes to maintain its
cooperative and partnership to jointly craft and approve
NO. 125 a CDBG budget, as sanctioned by law;
BY: MR. FRANCZYK NOW BE IT FURTHER RESOLVED:
CO-SPONSORS: MR. COPPOLA That the Department of Strategic Planning and
RE: COMMON COUNCIL APPROVAL OF CDBG Corporation Counsel appear before the Common
BUDGET Council to address these issues; and,
WHEREAS: For thirty years the Common Council has BE IT FINALLY RESOLVED:
formally voted to approve Community Development That the Common Council exercise its power under
Block Grant budget applications to HUD, after a state and local statute to approve the final Community
process of cooperation and partnerships with various Development Block Grant Budget;
administrations to produce a better budget, as well as ADOPT
protect checks and balances, per charter requirement;
and, NO. 126
WHEREAS: A unilateral approval of the nearly $28-RESOLUTION
milfion CDBG budget by only one branch of Sponsor: Mr. Golombek
government is inconsistent with New York State law RE: Merger/Consolidation of Buffalo Urban Renewal
and local ordinance; and, Agency (BURA), Buffalo Economic Renaissance
WHEREAS: The Preface to the Year 31 CDBG Action Corporation (BERC), and the Buffalo Neighborhood
Plan submitted by the Office of Strategic Planning Revitalization Corporation Board (BNRC)
states that the Common Council "will be given an Whereas: BURA employs 70 people, BERC employs 20
opportunity to comment on the proposed 2005-2006 people and BNRC employs 8 people; and
Annual Action Plan," as opposed to approve the 2005-Whereas: BURA's members consist chiefly of City of
2006 CDBG budget; and, Buffalo governmental officials. Most of BURA's funding
WHEREAS: The Official Statement of the City of is obtained from the Federal government through the
Buffalo, as verified by existing statutes and court City of Buffalo. In effect, BURA acts as an agent of the
decisions, states that: "BURA is designated by the City and because of its close administrative and
Common Council as the vehicle through which federal financial relationship with the City, BURA is considered
grants for urban renewal to the City are channeled; " to be a component of the City of Buffalo for financial
and, reporting purposes; and
WHEREAS: The term designated by the Common Whereas: Mr. Wannamaker serves as the Executive
Council implies the power to un-designate BURA as the Director of the Office of Strategic Planning, the
recipient of federal funds; and, President of BERC and Vice Chairman of BURA; and
WHEREAS: "Channeled" to BURA does not confer Whereas: The budget, which provides funds for BURA,
unilateral or exclusive power over the CDBG budget, BERC and BNRC, is developed annually by the Office
which is approved by "the City;" and, of Strategic Planning; and
WHEREAS: The official Financial Statement of the Whereas: The revenues for all three agencies consist
Buffalo Urban Renewal Agency under the section largely of Federal grants and related income; and are
Budgets and Budgetary Accounting states: "Upon intended for community development and revitalization;
approval of the CDBG plan by both Council and the and
Mayor, an application based on the plan submitted to Whereas: This Council has continued to question the
HUD approximately forty-five days prior to the wisdom of spending substantial sums for the
commencement of the CDBG program year. HUD then administrative salaries of these respective
forwards an entitlement grant contract to the City, which organizations, moneys that could be better spent for
is executed by the City and BURA;" and, "bricks and mortar" type projects; and
WHEREAS: The City is legally understood to mean the Whereas: The constant paper shuffle between these
Common Council and the Mayor, not one branch organizations is confusing at best to follow. The City
separately; and, itself has had difficulty in allocating reimbursements for
WHEREAS: HUD provides for the distribution of CDBG employees and in utilizing grant funds appropriately,
funds according to its own set of regulations, but it requiring repayment to HUD in the amount of several
cannot and does not trump state and local municipal million dollars; and
law on how it accepts its funding; and, Whereas: It is cumbersome and inefficient to have three
WHEREAS: CDBG funds are allocated to many separate agencies with three separate Boards of
hundreds of municipalities nationwide, governed by Directors providing economic development and housing
their own statutes; and, assistance.
WHEREAS: HUD allocates CDBG funds to "the City," Now Therefore Be It Resolved:
meaning the Common Council and Mayor in state and That the administration provide an explanation as to
local law; and, why it is necessary for BURA, BERC and BNRC to
WHEREAS: The City's Charter designates the Office of operate as three separate agencies?
Strategic Planning as the operating arm of BURA, Be It Further Resolved:
which submits the annual CDBG budget; and, That the administration provide an explanation as to
WHEREAS: The Office of Strategic Planning operating what BURA, BERC, and BNRC can accomplish that the
budget, including CDBG funds is approved by the City could not accomplish through the Office of
Common Council; and, Strategic Planning without the existence of these
WHEREAS: The Director of Strategic Planning has not separate organizations?
demonstrated that he has been granted the unilateral Be It Further Resolved:
authority to usher the CDBG budget to BURA for That the administration provide an explanation as to
absolute approval absent Common Council consent; why it is necessary for BURA, BERC, and BNRC to
and, serve as pass through agencies for grant funds, why
couldn't the City accept such funds and conduct the NO. 128
related projects through the Office of Strategic Sponsor: Mr. Griffin
Planning? Co-Sponsor: Mr. Golombek Fontana
Be It Finally Resolved: RE: The Hickory Woods Value Protection Plan
That this item is referred to the appropriate Committee Whereas: In October 2002, the City of Buffalo entered
of the Council. into an agreement
RD
ADOPT 1ST 2ND AND 3 RESOLVE FINAL TO THE Whereas: The agreement with Steelfields established a
COMMUNITY DEVELOPMENT Hickory Woods Value Protection Plan ("Plan") in the
amount of $1 million; and
NO. 127 Whereas: The agreement between the City and
By: Mr. Golombek Steelfields was negotiated without citizen notification or
Re: Ordinance Amendment input; and
Chapter 437, Taxicabs and Liveries Whereas: The agreement between the City and
The Common Council of the City of Buffalo does hereby Steelfields was
ordain as follows: The Plan allowed eligible residents the opportunity to
That Chapter 437 of the Code of the City of Buffalo be choose and receive one of two benefit options; and
amended to read as follows: Whereas: Approximately $750,000 remains from the
§437-14 Rates and charges. original $1 million
A. No person shall charge a greater sum for the use Value Protection Plan ("Plan") in the amount of $1
of a taxicab or livery than in accordance with the million; and
following rates: Whereas: The agreement between the City and
(1) Hourly rates: $[21] 24 per hour for one or Steelfields was negotiated without citizen notification or
more passengers. input; and
(2) Mileage rates: $2.30 for the first 1/6 mile or less; Whereas: The agreement between the City and
[$0.35] $0.40 for each additional 1/6 mile or less; Steelfields was
[$0.35] ~0.40 for each one minute of waiting time, The Plan allowed eligible residents the opportunity to
including time lost in traffic delays. Upon producing choose and receive one of two benefit options; and
certification issued by the Mayor's office as to senior Whereas: Approximately $750,000 remains from the
citizen status, persons shall be entitled to a ten-percent original $1 million allocation; and
reduction in the amount of the fare. Whereas; The position of Steelfields is that they can
(3) Hand baggage: free. utilize the remaining $750,000 of uncommitted funds for
(4) Trunks: $1 each. improvements to their property and not for assisting the
(5) Large boxes: $1 each. residents of Hickory Woods; and
B. No additional or extra charge shall be made for Whereas; Mr. Wannamaker, the Executive Director of
carrying more than one passenger, but all passengers the Office of Strategic Planning has attempted to meet
up to the seating capacity of the vehicle shall be carried with representatives of Steelfields and has been
for the same fare as that above prescribed for one informed that Steelfields is not interested in meeting to
passenger. discuss the uncommitted funds in the Value Protection
C. Upon demand, the driver of a taxicab or livery Plan; and
shall furnish to the passenger a Whereas: It appears that this matter will have to be
receipt for the fare paid, showing the name and resolved through litigation in the Court system;
badge number of the driver. Now Therefore Be It Resolved:
D. All disputes as to the lawful rate of fare shall be That the Common Council supports taking legal action
determined by the police officer in charge of the police against Steelfields to address the status of
station nearest to the place where the dispute arises or uncommitted funds in the Hickory Woods Value
occurs; and a failure to comply with such determination, Protection Plan.
provided that it be in accordance with the rate herein Be It Further Resolved:
fixed, shall be a violation of this chapter. That this item is referred to the Corporation Counsel for
E. The rate charged in the City of Buffalo shall be a response and to an appropriate Committee of the
subject to review and renewal by the Common Council Counsel for further consideration.
STND
after a period of one year from the effective date of ADOPT 1 AND 2 TO THE COMMITTEE ON
such rate change. During that one-year period, taxicab COMMUNITY DEVELOPMENT
and livery service providers shall work with the
Common Council on improving the quality of service in No. 129
the City of Buffalo. The amount of improvement and Sponsor: James D. Griffin
extent of cooperation by the taxicab and livery service Co-Sponsor: Richard A. Fontana
providers may be considered in the decision to renew Re: Change name of Durant Field to "McDonald and
the rate for an additional period of time. Olskey Field"
[F. Effective August 1, 2000, a person may charge a Whereas; In the early 1980's Durant Field was
temporary gasoline surcharge of $0.50 on each fare for established as a safe play area where neighborhood
a period of nine months, expiring on April 30, 2001 .] children could play and recreate; and
It is hereby certified pursuant to Section 3-19 of the Whereas; Durant Field consists of a playground and a
Charter of the City of Buffalo, that the immediate soccer field, which was built with the help of the South
passage of the foregoing ordinance is necessary. Park Social and Athletic Club (SAC); and
APPROVED AS TO FORM Whereas; Mr. Clyde McDonald and Mr. Charles (Yogi)
Matter in brackets to be deleted. Matter underlined is Olskey, were both members of South Park SAC for
new. over 35 years in South Buffalo; and
PASSED Whereas; Together, they worked with the youth of the
AYES - 8 NOES – 0 area; running and organizing activities, including a
highly successful soccer league where hundreds of
neighborhood children continue to play; and Ralph Hernandez Megan Corbett
Whereas Mr. Clyde McDonald and Mr. Charles (Yogi) Christopher Fahey Bonnie
Olskey, along with the South Park SAC, were the Lockwood
impetus behind many of the enhancements made to Julie Kruger Cheryl Kane
Durant Field over the years; Christine Southerland Michael Garrity
Now, Therefore be it Resolved That: Marty Jones Chris Chiodo
The Buffalo Common Council does hereby Thomas Gerace John Herritage
acknowledge the contributions that Clyde McDonald IV
and Charles (Yogi) Olskey have made to the South Fred Jones Timothy Dolan
Buffalo community and the City of Buffalo; and Charles Eaton William
Be it Further Resolved That: Greeley
To commemorate the life of these two extraordinary Theresa Kennedy Tiedemann
individuals, this Honorable Body is requesting that
Durant Field be renamed "Clyde McDonald and Charles NO.132
(Yogi) Olskey Field"; and BY: ANTOINE M. THOMPSON
Be it Finally Resolved That: Appointments Commissioner of Deeds
Certified copies of this resolution be sent to the Mayor's That the following persons are hereby appointed as
Office, the Department of Public Works, the Department Commissioner of
of Traffic Engineering, and to the South Park SAC. Deeds for the term ending December 31, 2006,
Certified copies of this resolution be sent to the Mayor's conditional, upon the
Office, the Department of Public Works, the Department person so appointed certifying under oath to their
of Traffic Engineering, and to the South Park SAC. qualifications and filing
with Steelfields Ltd.; and same with the City Clerk:
Mr. Clyde McDonald and Mr. Charles (Yogi) Olskey, Thomas Hayduk Afrika Richardson
along with the South Park SAC, were the impetus Charles Davis Furnette Williams
behind many of the enhancements made to Durant Joyce Eberl
Field over the years; Total: 5
Now, Therefore be it Resolved That: ADOPTED
The Buffalo Common Council does hereby
acknowledge the contributions that Clyde McDonald NO. 133
and Charles (Yogi) Olskey have made to the South ANNOUNCEMENT OF COMMITTEE MEETINGS
Buffalo community and the City of Buffalo; and The following meetings are scheduled. All meetings are
Be it Further Resolved That: held in the Common Council Chambers, 13th floor City
To commemorate the life of these two extraordinary Hall, Buffalo, New York, unless otherwise noted.
individuals, this Honorable Body is requesting that Regular Committees
Durant Field be renamed "Clyde McDonald and Charles Committee on Civil Service Tuesday February 1, at
(Yogi) Olskey Field"; and 9:30 o'clock A.M.
Be it Finally Resolved That: Committee on Finance Tuesday February 1, 2005 at
Certified copies of this resolution be sent to the Mayor's 10:00 o'clock A.M. following Civil Service
Office, the Department of Public Works, the Department Committee on Legislation Tuesday, February 1, 2005 at
of Traffic Engineering, and to the South Park SAC. 2:00 o'clock P.M.
REFERRED TO THE COMMITTEE ON LEGISLATION Committee on Comm. Dev. Wednesday, February 2,
AND THE COMMISSIONER OF PUBLIC WORKS 2005 at 10:30 o'clock A.M.
Special Committees
NO. 130 Committee on Budget Thursday January 27, 2005 at
By Mr. Thompson i0:00 am in room 1417. Committee on Community
Felicitations/In Memoriam Development Work Sessions Year 31 Block Grant
Attached hereto are Felicitation and In Memoriam Thursday, January 27, 2005 at 2PM
Resolutions sponsored by Members of the Common Friday, January 28, 2005 at 11:00 AM
Council as indicated: Friday, January 28, 2005 at 2:00 PM
Felicitation for THOMAS AGOSTIN0 (Public Disclaimer): All meetings are subject to change
By Councilmember COPPOLA and cancellation by the respective Chairmen of Council
ADOPTED Committees. In the event that there is sufficient time
given for notification, it will be provided. In addition,
NO. 131 there may be meetings set up whereby the City Clerk's
BY: ANTOINE M. THOMPSON Office is not made aware; therefore, unless we receive
Appointments notice from the respective Chairmen, we can only make
Commissioners of Deeds notification of what we are made aware.
Required for the Proper
Performance of Public Duties No. 134
That the following persons are hereby appointed as Adjournment
Commissioner of Deeds for The term ending December On a motion by Mr. Coppola, Seconded by Mr.
31, 2006, conditional upon the persons so appointed Thompson the Council adjourned at 3:45 P.M.
certifying under oath to their qualifications and filing
same with the City of Buffalo
Joseph Marchitte Joseph Riga Board of Police and Fire Pension Proceedings #1
Philip Karaszewski Randall Burgio Office of the Mayor-201 City Hall
David Wayne Christine January 20, 2005
Herring Present:; Anthony M. Masiello, Mayor; David A.
Michael DiFranco James Bittner Franzyk, Council President-Frank BelUotti, Deputy
Comptroller, Michael Risman, Corporation Counsel-4
The Journal of the last meeting was approved.
No. 1
I transmit herewith the Pension Payroll for the Fire
Pension Fund for the month of January 2005 amounting
to $,$6,083.58. and request that checks be drawn to the
order of the persons named herein for the amounts
stated. Adopted Ayee-4. Noes-0.
No. 2
I transmit herewith the Pension Payroll for the Police
Pension Fund for the month of January 2005 amounting
to $5,956.92,. and request that checks be drawn to the
order of the persons named herein for the amounts
stated. Adopted. Ayee-4. Noes-O.
No. 3
On motion by Mr.Masiello , the City of Buffalo Police
and Fire Pension Board Meeting adjourned at a.m.
Board of Police and Fire Pension Proceedings #11
Office of the Mayor-201 City Hall
December 9, 2004
Present:; Anthony M. Masiello, Mayor; David A.
Frdnzyk, Council President-Frank Belliotti, Deputy
Comptroller, Michael Risman, Corporation Counsel-4
The Journal of the last meeting was approved.
No. 1
I transmit herewith the Pension Payroll for the Fire
Pension Fund for the month of December 2004
amounting to $,$6,083.58. and request that checks be
drawn to the order of the persons named herein for the
amounts stated. Adopted Ayes-4. Noes-0.
No. 2
I transmit herewith the Pension Payroll for the Police
Pension Fund for the month of December 2004
amounting to $5,956.92. and request that checks be
drawn to the order of the persons named herein for the
amounts stated. Adopted. Ayes-4. Noes-0.
No. 3
On motion by Mr.Masiello , the City of Buffalo Police
and Fire Pension Board Meeting adjourned at a.m.