HomeMy WebLinkAbout05-0111
No. 1
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
January 11, 2005
MAYOR
Hon. Anthony M. Masiello
COMPTROLLER
Andrew Sanfilippo
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
FILLMORE DISTRICT
David A. Franczyk
PRESIDENT PRO TEMPORE
UNIVERSITY DISTRICT
Bonnie E. Russell
MAJORITY LEADER
DELAWARE DISTRICT
Marc A. Coppola
DISTRICT COUNCIL MEMBERS
BRIAN C. DAVIS - ELLICOTT
RICHARD A. FONTANA - LOVEJOY
ANTOINE M. THOMPSON - MASTEN
DOMINIC J. BONIFACIO Jr. - NIAGARA
JOSEPH GOLOMBEK JR. - NORTH
JAMES D. GRIFFIN - SOUTH
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE:
Bonnie E. Russell Chairman, Brian C. Davis, Joseph Golombek Jr., Richard
A. Fontana-Members
CLAIMS COMMITTEE:
James D. Griffin, Chairman, Richard A. Fontana, Joseph Golombek,Jr.,
Antoine M. Thompson - Members
COMMUNITY DEVELOPMENT COMMITTEE:
Joseph Golombek, Jr. Chairman, Dominic J. Bonifacio Jr., Bonnie E.
Russell, Antoine M. Thompson - Members
FINANCE COMMITTEE:
Brian C. Davis, Chairman, Dominic J. Bonifacio, Jr., Marc A. Coppola,
James D. Griffin - Members.
LEGISLATION COMMITTEE:
Richard A. Fontana, Chairman, Dominic J. Bonifacio Jr., Marc A. Coppola,
Bonnie E. Russell - Members
EDUCATION COMMITTEE
Antoine M. Thompson, Chairman, Richard A. Fontana, David A. Franczyk,
Bonnie E. Russell - Members
RULES COMMITTEE:
David A. Franczyk, Chairman Marc A. Coppola, Bonnie E. Russell -
Members
SPECIAL COMMITTEES
BUDGET COMMITTEE:Dominic J. Bonifacio, Jr., Chairman, Marc A.
Coppola, Brian C. Davis, Joseph Golombek, Jr. - Members
MINORITY BUSINESS ENTERPRISE COMMITTEE- Antoine M.
Thompson, Chairman Brian C. Davis, James D. Griffin
CORPORATION PROCEEDINGS
property code violations, taxes or other liens owed to the City of
Buffalo by the homesteaders.
We, therefore, recommend the City-owned vacant lot be
COMMON COUNCIL designated as a Homestead Property and be transferred to Mr.
CITY HALL - BUFFALO and Mrs. Kowalewski on the condition the property is cleaned
TUESDAY, JANUARY 11, 2005 and improved within six (6) months and maintained in a
AT 2:00 P.M. sanitary manner.
Mr. Coppola moved:
PRESENT – David A. Franczyk, President of the That the above communication from the Office of Strategic
Council, and Council Members Bonifacio, Coppola, Planning dated January 5, 2005, be received and filed; and
Davis, Fontana, Golombek Griffin, Russell and Thompson That the city-owned property commonly known as 1344 Bailey
– 9 Avenue, is hereby designated as Homestead Property, and that
the Mayor be, and he hereby is authorized to execute a deed
ABSENT -- 0 transferring said property to Mr. Paul L. Kowalewski and Mrs.
Christine Kowalewski, residing at 1348 Bailey Avenue, for the
On a motion by Mr. Coppola seconded by amount of One Dollar ($1.00) and no more, and all costs of
Mr.Fontana, the minutes of the stated meeting held on transfer, on the condition the property is cleaned and improved
December 28, 2004 were approved. within six (6) months and maintained in a sanitary manner.
PASSED
FROM THE MAYOR AYES - 9 - NOES - 0
EXECUTIVE DEPARTMENT
NO. 3
NO. 1 Transfer of Title
Easement Agreement Verizon for Use of Urban Homestead Program
3010 & 3012 Main Street 181 Bennett Street
University District (City-Owned Vacant Lot, 25' x 132')
The Office of Strategic Planning, Division of Real Estate, The Office of Strategic Planning, Division of Real Estate,
has received the attached easement agreement from Verizon has surveyed the City-owned vacant lot at 181 Bennett Street,
for use of city owned properties located at 3010, 3012 & 3036 Buffalo, New York, parcel is 25' x 132' in dimension; and it has
Main Street. been determined this parcel is inappropriate for either the
Verizon is about to construct a cell site (Cellular Telephone construction of new housing or needed for public purpose.
Transmitting Facility) on NFTA property. They have determined Ms. Gwendolyn McPherson owns and resides at 177 Bennett
the most efficient way to get power to the cell site facility is Street, Buffalo, New York 14204. Ms. McPherson will clean,
along the rear lot lines of the two City owned properties (3010 & improve and maintain the lot at 181 Bennett Street in the event
3012 Main Street) and one B.U.R.A. property located at 3036 she obtains title to the property under the Urban Homestead
Main Street. We have forwarded the easement for 3036 Main Program.
Street to B.U.R.A. to address. I am attaching the proposed The Department of Permit and Inspection Services and the
easements for 3010 & 1012 Main Street for your review. Division of Collections have been contacted. There are no
This office has contacted the Department of Public Works, property code violations, taxes or other liens owed to the City of
Coporation Counsel and the Office of Telecommunications and Buffalo by the homesteader.
they had no objections to this easement. We, therefore, recommend the City-owned vacant lot be
I am recommending that Your Honorable Body approve the designated as a Homestead Property and be transferred to Ms.
easement agreements for 3010 & 3012 Main Street. I am Gwendolyn McPherson on the condition the property is cleaned
further requesting Your Honorable Body to authorize the and improved within six (6) months and maintained in a
Corporation Counsel to review the revised agreement for their sanitary manner.
approval as to form and authorize the Mayor to execute the Mr. Coppola moved:
same. That the above communication from the Office of Strategic
REFERRED TO THE COMMITTEE ON FINANCE AND THE Planning dated January 5, 2005, be received and filed; and
CORPORATION COUNSEL That the city-owned property commonly known as 181 Bennett
Street, is hereby designated as Homestead Property, and that
NO. 2 the Mayor be, and he hereby is authorized to execute a deed
Transfer of Title transferring said property to Ms. Gwendolyn McPherson,
Urban Homestead Program residing at 177 Bennett Street, for the amount of One Dollar
1344 Bailey Avenue ($1.00) and no more, and all costs of transfer, on the condition
(City-Owned Vacant Lot, 30' x irregular the property is cleaned and improved within six (6) months and
depth, 1.50' x 20' in rear) maintained in a sanitary manner.
The Office of Strategic Planning, Division of Real Estate, PASSED
has surveyed the City-owned vacant lot at 1344 Bailey Avenue, AYES - 9 - NOES - 0
Buffalo, New York, parcel is 30' x irregular depth; and it has
been determined this parcel is inappropriate for either the NO. 4
construction of new housing or needed for public purpose. TRANSFER OF TITLE
Mr. Paul L. Kowalewski and Mrs. Christine Kowalewski own URBAN HOMESTEAD PROGRAM
and reside at 1348 Bailey Avenue, Buffalo, New York 14206. 25 BRADFORD STREET
Mr. and Mrs. Kowalewski have indicated they will clean, (CITY-OWNED Vacant lot 30’ x 104’)
improve and maintain the lot at 1344 Bailey Avenue in the event LOVEJOY
they obtain title to the property under the Urban Homestead The Office of Strategic Planning, Division of Real Estate,
Program. has surveyed the City-owned vacant lot at 25 Bradford Street,
The Department of Permit and Inspection Services and the Buffalo, New York, parcel is 30' x 104' in dimension; and it has
Division of Collections have been contacted. There are no been determined this parcel is inappropriate for either the
construction of new housing or needed for public purpose. 116 Federal Avenue
Mr. George Doorman owns and resides at 29 Bradford Street, (City-Owned Vacant Lot, 32'x 122')
Buffalo, New York 14210. Mr. Doorman will clean, improve and The Office of Strategic Planning, Division of Real Estate,
maintain the lot at 25 Bradford Street in the event he obtains has surveyed the City-owned vacant lot at 116 Federal Avenue,
title to the property under the Urban Homestead Program. Buffalo, New York, parcel is 32' x 122' in
The Department of Permit and Inspection Services and the dimension; and it has been determined this parcel is
Division of Collections have been contacted. There are no inappropriate for either the construction of new housing or
property code violations, taxes or other liens owed to the City of needed for public purpose.
Buffalo by the homesteader. Mr. Dennis M. Warne and Ms. Jennie L. Jones own and reside
We, therefore, recommend the City-owned vacant lot be at 102 Federal and also own the vacant lot at 106 Federal,
designated as a Homestead Property and be transferred to Mr. which are adjacent to 116 Federal Avenue. They will clean,
George Doorman on the condition the property is cleaned and improve and maintain the lot at 116 Federal Avenue in the event
improved within six (6) months and maintained in a sanitary they obtain title to the property under the Urban Homestead
manner. Program.
Mr. Coppola moved: The Department of Permit and Inspection Services and the
That the above communication from the Office of Strategic Division of Collections have been contacted. There are no
Planning dated January 5, 2005, be received and filed; and property code violations, taxes or other liens owed to the City of
That the city-owned property commonly known as 25 Bradford Buffalo by the homesteaders.
Street, is hereby designated as Homestead Property, and that We, therefore, recommend the City-owned vacant lot be
the Mayor be, and he hereby is authorized to execute a deed designated as a Homestead Property and be transferred to Mr.
transferring said property to Mr. George Doorman, residing at Dennis M. Warne and Ms. Jennie L. Jones on the condition the
29 Bradford Street, for the amount of One Dollar ($1.00) and property is cleaned and improved within six (6) months and
no more, and all costs of transfer, on the condition the property maintained in a sanitary manner.
is cleaned and improved within six (6) months and maintained Mr. Coppola moved:
in a sanitary manner. That the above communication from the Office of Strategic
PASSED Planning dated January 5, 2005, be received and filed; and
AYES - 9 - NOES – 0 That the city-owned property commonly known as 116 Federal
Avenue, is hereby designated as Homestead Property, and that
No. 5 the Mayor be, and he hereby is authorized to execute a deed
Transfer of title transferring said property to Mr. Dennis M. Warne and Ms.
Urban Homestead Program Jennie L. Jones, residing at 102 Federal Avenue, for the
532 Busti Ave amount of One Dollar ($1.00) and no more, and all costs of
(City-Owned Vacant Lot, 26' x 132' transfer, on the condition the property is cleaned and improved
The Office of Strategic Planning, Division of Real Estate, within six (6) months and maintained in a sanitary manner.
has surveyed the City-owned vacant lot at 532 Busti Avenue, PASSED
Buffalo, New York, parcel is 26' x 132' in dimension; and it has AYES - 9 - NOES - 0
been determined this parcel is inappropriate for either the
construction of new housing or needed for public purpose. NO. 7
Ms. Awilda Lassalle Marrero owns and resides at 530 Busti Transfer of Title
Avenue, Buffalo, New York 14201. Ms. Marrero will clean, Urban Homestead Program
improve and maintain the lot at 532 Busti Avenue in the event 44 Frankfort Street
she obtains title to the property under the Urban Homestead (City-Owned Vacant Lot, 30' x 117')
Program. The Office of Strategic Planning, Division of Real Estate,
The Department of Permit and Inspection Services and the has surveyed the City-owned vacant lot at 44 Frankfort Street,
Division of Collections have been contacted. There are no Buffalo, New York, parcel is 30' x 117' in dimension; and it has
property code violations, taxes or other liens owed to the City of been determined this parcel is inappropriate for either the
Buffalo by the homesteader. construction of new housing or needed for public purpose.
We, therefore, recommend the City-owned vacant lot be Mr. Anthony Zachery and Mrs. Andra M. Zachery own and
designated as a Homestead Property and be transferred to Ms. reside at 40 Frankfort Street, Buffalo, New York 14211. Mr. and
Awilda Lassalle Marrero on the condition the property is Mrs. Zachery will clean, improve and maintain the lot at 44
cleaned and improved within six (6).months and maintained in Frankfort Street in the event they obtain title to the property
a sanitary manner. under the Urban Homestead Program.
Mr. Coppola moved: The Department of Permit and Inspection Services and the
That the above communication from the Office of Strategic Division of Collections have been contacted. There are no
Planning dated January 5, 2005, be received and filed; and property code violations, taxes or other liens owed to the City of
That the city-owned property commonly known as 532 Busti Buffalo by the homesteaders.
Avenue, is hereby designated as Homestead Property, and that We, therefore, recommend the City-owned vacant lot be
the Mayor be, and he hereby is authorized to execute a deed designated as a Homestead Property and be transferred to Mr.
transferring said property to Ms. Awilda Lassalle Marrero, and Mrs. Zachery on the condition the property is cleaned and
residing at 530 Busti Avenue, for the amount of One Dollar improved within six (6) months and maintained in a sanitary
($1.00) and no more, and all costs of transfer, on the condition manner.
the property is cleaned and improved within six (6) months and Mr. Coppola moved:
maintained in a sanitary manner. That the above communication from the Office of Strategic
PASSED Planning dated January 5, 2005, be received and filed; and
AYES - 9 - NOES - 0 That the city-owned property commonly known as 44 Frankfort
Street, is hereby designated as Homestead Property, and that
NO. 6 the Mayor be, and he hereby is authorized to execute a deed
Transfer of Title transferring said property to Mr. Anthony Zachery and Ms.
Urban Homestead Program Andra M. Zachery, residing at 40 Frankfort Street, for the
amount of One Dollar ($1.00) and no more, and all costs of Mr. Coppola moved:
transfer, on the condition the property is cleaned and improved That the above communication from the Office of Strategic
within six (6) months and maintained in a sanitary manner. Planning dated January 5, 2005, be received and filed; and
PASSED That the city-owned property commonly known as 141
AYES - 9 - NOES - 0 Stanislaus Street, is hereby designated as Homestead
Property, and that the Mayor be, and he hereby is authorized to
NO. 8 execute a deed transferring said property to Mr. James
Transfer of Title Rodgers, residing at 137 Stanislaus Street, for the amount of
Urban Homestead Program One Dollar ($1.00) and no more, and all costs of transfer, on
20 French Street the condition the property is cleaned and improved within six
(City-Owned Vacant Lot, 30' x 136') (6) months and maintained in a sanitary manner.
The Office of Strategic Planning, Division of Real Estate, Mr. Coppola moved:
has surveyed the City-owned vacant lot at 20 French Street, That the above communication from the office of Strategic
Buffalo, New York, parcel is 30' x 136'; and it has been Planning dated January 5, 2005, be received and filed: and
determined this parcel is inappropriate for either the That the city-owned property commonly known s 141
construction of new housing or needed for public purpose. Stanislaus Street, is hereby designated as Homestead
Mrs. Lucy M. Watkins owns and resides at 24 French Street, Property, and that the Mayor be, and he hereby is authorized to
Buffalo, New York 14211. Mrs. Watkins has indicated she will execute a deed transferring said property the Mr. James
clean, improve and maintain the lot at 20 French Street in the Rodgers, residing at 137 Stanislaus Street, for the amount of
event she obtains title to the property under the Urban One Dollar ($1.00) and no more, and all costs of transfer, on
Homestead Program. the condition the property is cleaned and improved within six
The Department of Permit and Inspection Services and the (6) months and maintained in a sanitary manner.
Division of Collections have been contacted. There are no PASSED
property code violations, taxes or other liens owed to the City of AYES - 9 - NOES - 0
Buffalo by the homesteader.
We, therefore, recommend the City-owned vacant lot be NO. 10
designated as a Homestead Properly and be transferred to DELAWARE ASHBURY CHURCH
Mrs. Lucy M. Watkins on the condition the property is cleaned [January of 2005 proposed changes and clarifications to
and improved within six (6) months and maintained in a the December 23, 2004 communication to the Common
sanitary manner. Council regarding the Delaware Asbury Church
Mr. Coppola moved: Redevelopmant/Preservation Project
That the above communication from the Office of Strategic [Sale of Land at 339-341 and 335 Delaware
Planning dated January 5, 2005, be received and filed; and [Avenue. Project PILOT agreement concept for debt
That the city-owned property commonly known as 20 French service [being brought back to the Common Council for
Street, is hereby designated as Homestead Property, and that review [per prior resolution. Update on BURA/BERC roles
the Mayor be, and he hereby is authorized to execute a deed [and participation in the redevelopment project being
transferring said property to Mrs. Lucy M. Watkins, residing at [provided to Common Council and approvals of
24 French Street, for the amount of One Dollar ($1.00) and no [Common Council being sought to amend and finalize
more, and all costs of transfer, on the condition the property is [the previously approved Contract For Sale Of Land For
cleaned and improved within six (6) months and maintained in [Private Redevelopment
a sanitary manner. (Item No. 112, C.C.P. 04/29/03)
PASSED By Common Council Proceeding No. 112 passed 04/29/03
AYES - 9 - NOES - 0 the Common Council approved the sale of the improved real
property commonly known as the Delaware Asbury Church at
NO. 9 339-341 and 335 Delaware Avenue to Righteous Babe
Transfer of Title Records, Inc. (and or to an entity to be formed). The sale was
Urban Homestead Program to take place pursuant to Contract For Sale of Land For Private
141 Stanislaus Street Redevelopment (the "LDA"). The Common Council approval
(City-Owned Vacant Lot, 32' x 100') contained a provision that the PILOT agreement and related
The Office of Strategic Planning, Division of Real Estate, documentation be brought back to the Common Council for
has surveyed the City-owned vacant lot at 141 Stanislaus review after they were approved by the County of Erie and the
Street, Buffalo, New York, parcel is 32' x 100' in dimension; Erie County Industrial Development Agency. The LDA contains
and it has been determined this parcel is inappropriate for provisions, conditions and terms that need to be amended for
either the construction of new housing or needed for public the project and project financing to move forward.
purpose. Forwarded separately are the following documents:
Mr. James M. Rodgers owns and resides at 137 Stanislaus I. PILOT AGREEMENT/Paymant Schedule (not yet approved
Street, Buffalo, New York 14212. Mr. Rodgers will clean, by Erie County or ECIDA)
improve and maintain the lot at 141 Stanislaus Street in the 2. Proposed Resolution indicating Common Council review is
event he obtains title to the property under the Urban satisfied and approving the proposed new PILOT agreement
Homestead Program. arrangements and amendments to the LDA
The Department of Permit and Inspection Services and the After due consideration, Your Honorable Body may adopt the
Division of Collections have been contacted. There are no attached proposed Resolution indicating satisfactory review
property code violations, taxes or other liens owed to the City of and approving the sale of the church land under a revised LDA.
Buffalo by the homesteader. RECEIVED AND FILED
We, therefore, recommend the City-owned vacant lot be
designated as a Homestead Property and be transferred to Mr. FROM THE COMPTROLLER
James M. Rodgers on the condition the property is cleaned and
improved within six (6) months and maintained in a sanitary NO. 11
manner. Audited Financial Statements of
Buffalo Municipal Water Finance Authority Office of State Comptroller on the following entities:
For Years Ended June 30, 2004 and 2003 Buffalo Board of Education
and Independent Auditors' Report Buffalo Sewer Authority
This is to advise that copies of the Audited Financial Buffalo Municipal Housing Authority
Statements and Other Financial Information of the Buffalo It is our understanding that there was a letter sent, pursuant to
Municipal Water Finance Authority for the years ended June this request, to the Buffalo Fiscal Stability Authority and the
30, 2004 and 2003 and Independent Auditors' Report, Deloitte Office of the State Comptroller. For the Council's information,
& Touche, LLP, have been distributed to members of the the City Comptroller's office has audited the Buffalo Sewer
Buffalo Water Board, each Councilmember, the City Clerk, the Authority and will continue to monitor its activities. The City
Mayor, the Comptroller, the Division of Accounting and the Comptroller is the Chief Fiscal Officer of the BSA.
Budget Office. The Buffalo Municipal Housing Authority has an outside audit
This report is available as a public record for inspection by all performed and is subject to the federal Department of Housing
interested parties. and Urban Development and the New York State Housing
Pursuant to Section 35 of the General Municipal Law, the Authority.
Common Council of the City of Buffalo may, at its discretion, Regarding the Board of Education, pursuant to new state
prepare a written response to the report of external audit and legislation we have conducted two audits, most recently
file such response with the City Clerk as a public record for focusing on cash management and state aid and grants.
inspection by all interested persons. Previously, we performed an audit of the special projects
REFERRED TO THE COMMITTEE ON FINANCE claims office and we are currently in the process of screening
possible audit areas for the immediate review. Our reports are
NO. 12 filed with the Council, the State Comptroller and the State
Audited Financial Statements of Education Department.
Buffalo Water Board The State Comptroller has performed a limited audit/review of
For Years Ended June 30, 2004 and 2003, the Joint Schools Construction Board (JSCB) within the past
Independent Auditors' Report and year and has declared its intention to perform an audit of Phase
Additional Information I of the JSCB long-term project when it is complete.
This is to advise that copies of the Basic Financial We trust that this information is informative and we will be
Statements and Required Supplementary Information of the available to discuss these matters with the Council.
Buffalo Water Board for the years ended June 30, 2004 and REFERRED TO THE COMMITTEE ON FINANCE
2003, Additional Information, and Independent Auditors'
Report, Deloitte & Touche, LLP, have been distributed to NO. 15
members of the Buffalo Water Board, each Councilmember, Interfund Loan
the City Clerk, the Mayor, the Comptroller, the Division of Fire Apparatus
Accounting and the Budget Office. $2,750,000
This report is available as a public record for inspection by all Fire House-reconst'Main/Mercerl
interested parties. $ 925,000
Pursuant to Section 35 of the General Municipal Law, the Fire House-reconst-Main/Mercer2
Common Council of the City of Buffalo may, at its discretion, $ 500,000
prepare a written response to the report of external audit and Fire House-new-Elmwood/Hertel
file such response with the City Clerk as a public record for $2,750,000
inspection by all interested persons. Fire House-new-Delavan/Hertel
REFERRED TO THE COMMITTEE ON FINANCE $2,340,000
In the past, the City has provided interfund loans from the City
NO. 13 General Fund to The Board and Enterprise Capital
City,
Certificate of Necessity
Projects Funds to implement financing of the Capital
Transfer of Funds
Improvements Budget. The interfund loans are repaid when the
Common Council- Legislative
Bond Anticipation Notes or Bonds are issued to finance these
We, Anthony M. Masiello, Mayor and Andrew A.
projects.
The Administration has requested that you approve
an interfund cash loan from the General Fund to the City's
SanFilippo, Comptroller, do hereby certify, pursuant to §20-
Capital Projects Fund in the amount of $9,265,000 against the
12 of the Charter, that it is necessary that the sum of $8,746 be
2004 City Capital Improvements Budget for the Firehouse
transferred and reappropriated within Common Council
Land/Acquisition/Reconstruction Resolution for $10,000,000
Legislative, as set forth below:
and the Fire Apparatus Resolution for $5,500,000. The loan will
FROM
be repaid when Bond Anticipation Notes or Bonds are issued..
Common Council
From To Account Repayment Date
Legislative - Personal Services
TotaI
10103001 - 411001 Annual Salaries $8,746
General Capital Projects 38210106 May 2005
TO
2,750,000
Common Council Legislative
Fund Fund-Fire app
10102001 412002 Hourly Salary $8,746
General Capital Projects 38320206 May 2005
RECEIVED AND FILED
925,000
Fund Fund-MainMerl
NO. 14
General Capital Projects 38320306 May 2005
Council member Audit
500,000
Information Request
Fund Fund-Mainmer2
Per the request from Council member Griffin on audits
General Capital Projects 38320406 May 2005
requested: The Council member is seeking to have audits
2,750,000
performed by the Comptroller's Division of Audit or from the
Fund Fund-ElmHert
General Capital Projects 38320506 May 2005 By State provisions, Mr. Barnes, whose appointment expired on
2,340,000 September 30, 2004, may not participate in board actions and
Fund Fund-DelaFilim may not be considered for purposes of determining a quorum.
Pursuant to the City's Capital Budget/Debt Management Policy, Therefore, I ask your approval of this appointment.
subsequent to the approval of the Buffalo Fiscal Stability Mr. Coppola moved:
Authority, the City intends to issue Bonds in the amount of That the above communication from the Mayor dated
about $27,530,000 for City Projects during the Fiscal Year December 29, 2004, be received and filed; and
2004/2005. Currently, there is one City Project with a That the reappointment of Keith Barnes, residing at 29
outstanding interfund loan of $154,500. If this current request Frankfort Street as a permanent member to the Board of
is approved, the City will be committed to Nine Million and four Assessment Review for a five (5) year term, commencing on
hundred and nineteen thousand and five hundred dollars October 1, 2004 and expiring on September 30, 2009, be and
($9,419,500") in projects. Therefore, the future projects that hereby is approved.
can be interfund loaned or included in the 2004/2005 debt PASSED
issue will be limited to ~. AYES - 9 NOES - 0
Bonds to be issued Fiscal Year 2004/2005 $ 27,530,000
(does not include BOE borrowing limit) NO. 18
Approved Interfund Loans 154,000 "LL INTRO #18 AMEND CHARTER IN
$ 27,375,500 RELATION TO ARTICLE 28 TAXES & ASSESS,
Current request* $ 9,265,000* REAL PROPERTY TAX EXEMPTIONS"
Balance available for F/Y 2004/2005 (#117 C.C.P. DEC. 28, 2004)
$18,110,500 Your Honorable Body has asked the Department of
*Please be advised that once an interfund loan has been Assessment and Taxation for its opinion and/or
approved, the City is committed to the total cost of the project recommendations concerning the proposed Local Law to
regardless of the amount advanced. amend the City Charter, Article 28, to include §28-29.3, Real
PASSED Property Tax Exemption for Capital Improvements to
AYES - 9 - NOES - 0 Residential Property, adopting the provisions of Section 421-f
FROM THE COMMISSIONER OF ASSESSMENT AND of the New York State Real Property Tax Law authorizing the
TAXATION City of Buffalo to grant partial exemptions from real property
taxation of the increase of the assessed value of City of Buffalo
NO. 16 properties attributable to reconstruction, alterations or
BOARD OF ASSESSMENT REVIEW improvements made to residential property.
APPOINTMENT, TEMPORARY MEMBERS We have reviewed the proposed Local Law and we have no
I am respectfully requesting the re-appointment of Coralia J. objection to the content as written.
Hetzner, 67 Lancaster Ave, Buffalo NY 14222 as e temporary RECEIVED AND FILED
member to the Board of Assessment Review and I am also
requesting that your Honorable Body appoint an additional NO. 19
individual to serve a one (1) term as a temporary member. CERTIFICATE OF APPOINTMENT
These appointees will serve no more than twenty days as Appointment Effective December 20, 2004 to the Position of
needed during the time period of January 2005 to mid-February Account Clerk, Temporary t the second step of $27,009
2005. The Department of Assessment & Taxation is preparing Mary Jane Savage, 207 West Ferry Street, Buffalo NY 14213
contingencies should it prove to be necessary to supplement REFERRED TO THE COMMITTEE ON CIVIL SERVICE
the existing permanent board for the upcoming assessment
challenge period. Two temporary boardmembers working in FROM THE COMMISSIONER OF PUBLIC WORKS
conjunction with the five permanent members will allow this
office to establish two mini-boards, if needed. NO. 20
Last year in spite of lower challenge numbers we needed to use REPORT OF BIDS
all five (5) permanent and the one (1) temporary member to ELMWOOD HERTEL FIRE STATION
guarantee daily quorums due to member absences. Having TRAFFIC SIGNAL
temporary members appointed, trained and available for service JOB NO. 0447
assured the smooth function of the review process. We are NORTH DISTRICT
hopeful that assessment challenges this year will be no more I advertised for on December 8, 2004 and received the
and perhaps less than last year, but there is no way to predict following formal bids for the Elmwood Hertel Fire Station,
the challenge numbers nor the frequency of member absences. Traffic Signal, on December 22, 2004.
Mr. Coppola South Buffalo Electric $68,466.40
That the above Communication from The Mayor dated 21 Foundry, Buffalo, NY
December 29, 2004 be received and filed; and Spoth Enterprises $78,875.00
That the reappointment of Coralia J. Hetzner, residing at 67 8746 Lakeshore, Angola, NY
Lancaster Avenue as a temporary member to the Board of Destro Bros. Concrete $89,320.00
Assessment Review for a one(1) term 411 Ludington, Buffalo, NY
Be and hereby is approved O'Connell Electric Co. $99,859.50
PASSED 830 Phillips, Victor, NY
AYES - 9 NOES - 0 I hereby certify that the foregoing is a true and correct
statement of all bids received and that South Buffalo Electric,
NO. 17 Inc., with a bid of Sixty Eight Thousand Four Hundred Sixty Six
BOARD OF ASSESSMENT REVIEW and 401100 Dollars ($68,466.40), is the lowest responsible
I am respectfully requesting Common Council approval to re-bidder in accordance with the plans and specifications:
appoint Keith Barnes, 29 Frankfort St, Buffalo, NY 14211 to the I recommend that Your Honorable Body authorize the
Board of Assessment Review for a five (5) year term which will Commissioner of Public Works, Parks & Streets to order the
run from October 1, 2004 to September 30, 2009. work on the basis of the low bids. Funds for this project are
available in 30062306-445100 Buildings. Construction Co., Inc., an increase in the amount of
Mr. Coppola moved: $32,300.00, as more fully described in the above
That the above communication from the Commissioner of communication, for work relating to City-Wide Sidewalk
Public Works, Parks and Streets dated January 5, 2005, be Replacement - 2004, Contract #92010888. Funds for this
received and filed; and project are available in Account #13112006 443100.
That the Commissioner of Public Works, Parks and Streets, PASSED
be, and he hereby is authorized to award a contract for the AYES - 9 NOES - 0
Elmwood Hertel Fire Station, Traffic Signal, to South Buffalo
Electric, Inc., Job No. 0447, the lowest responsible bidder, in NO. 23
the amount of $68,466.40. Funds for the project are available in CHANGE IN CONTRACT
30062306-445100 Buildings. SENECA BABCOCK COMMUNITY CENTER
PASSED RENOVATIONS
AYES – BONIFACIO, COPPOLA, DAVIS, FONTANA, JOB #0401
FRANCZYK, RUSSELL, THOMPSON - 7 NOES –LOVEJOY DISTRICT
GOLOMBEK, GRIFFIN - 2 ITEM NO. 15, CCP 12/14/04
I hereby submit to Your Honorable Body the following changes
NO. 21 for the Seneca Babcock Community Center, Renovations,
AUTHORIZED BUT UNISSUED BONDS General Construction, Miller Enterprises, Inc., C #92010885.
ITEM NO. 7, C.C.P. 12/28/04 1. Build and install a trophy case. Add $ 6,800.00
The referenced item was referred to this department for The Trophy Case was included in the original bid as an
comment. alternate and was quoted by Miller Enterprises at $6,800.00.
Attached please find this department's recommendation on the Because of concerns about remaining in budget, it was not
use of the Authorized but Unissued Bonds of the City. originally included in the contract. Now that the project is nearly
REFERRED TO THE COMMITTEE ON FINANCE complete, there are sufficient funds remaining for the work and
the Community Center has requested we include the Trophy
NO. 22 Case. Including the alternate did not change the bid order.
CHANGE IN CONTRACT CITY-WIDE SIDEWALK The foregoing change results in a net increase in the contract
REPLACEMENT–2004 of Six Thousand Eight Hundred and 00/100 Dollars
P&J CONSTRUCTION CO., INC., ($6,800.00).
GROUP #624 CONTRACT #92010888 Summary Current Contract Amount $121,336.00
I hereby submit to your Honorable Body the following unit Amount of This Change Order (#3) $ 6,8OO.OO
price additions to the contract for the above named Project. Revised Contract Amount $128,136.00
This change order was necessary to replace deteriorated Costs have been reviewed by the Department of Public Works,
sidewalk on Northampton Street between Fillmore Avenue and Parks & Streets and were found to be fair and equitable. Funds
East Parade. This work was requested by the Masten District for this work are available in 34310306 445100 - Division of
Couneilmember to be performed in conjunction with the Buildings.
renovation of Public School #307 - Buffalo Vocational Training I request that Your Honorable Body authorize the
Center. Commissioner of Public Works, Parks & Streets to issue a
Change order quantities are as follows: change order to the contractor as set forth above.
Contract Unit Estimated Estimated Mr. Coppola moved:
Item Description Price Quantity That the above communication from the Commissioner of
Cost Public Works, Parks and Streets dated December 29, 2004, be
R05.204 Concrete Sidewalks $2.90/sq.fl 7,000 received and filed; and
$20,300.00 That the Commissioner of Public Works, Parks and Streets be,
& Approaches - 4" and he hereby is authorized to issue a change order No. 3, to
R05.205 Concrete Sidewalks$3.25/sq.tt. 3,200 Miller Enterprises, Inc., an increase in the amount of
$10,400.00 $6,800.00, as more fully described in the above
& Approaches - 5" communication, for work relating to Seneca Babcock
R05.220N Metal $.50/sq.ft 3,200 Community Center, Renovations, Job #0401, C #92010885.
$1,600.00 Funds for this project are available in 34310306 445100 -
Reinforcement (6 x 6, 6" x 6") Division of Buildings.
Total PASSED
$32,300.00 AYES - 9 NOES - 0
Existing Contract Amount $941,695.14
Increase in Contract $32,300.00 NO. 24
Total Contract to Date $973,995.14 B. DAVIS - SUGGEST USING GREEN TOTES
Funds for this change are available in Account #13112006-FOR LEAF COLLECTION
443100. ITEM NO. 45, C.C.P. 12/28/04
I respectfully certify that this change order is fair and equitable The referenced item was sent to this department for comment.
for the work involved, and respectfully request that your A preliminary review of the suggestion that the City supply
Honorable Body approve the subject Change order and green totes for the collection of leaves shows that this method
authorize the Commissioner of Public Works to issue said of collection would be costly and inefficient.
change order to P & J Construction Co., Inc. We estimate that each property wishing to dispose of leaves
Mr. Coppola moved: would need to be supplied with a minimum of three totes. This
That the above communication from the Commissioner of would cost several million dollars in initial investment. Also,
Public Works, Parks and Streets dated December 30, 2004, be considering that totes must be dumped with a packer, we
received and filed; and would need to purchase a minimum of 20 new vehicles at a
That the Commissioner of Public Works, Parks and Streets be, cost of over $100,000 per vehicle.
and he hereby is authorized to issue a change order, to P & J We estimate that this method of collection will increase the
current user fee by at least 30%. We recommend that the Department to waive the bidding process for the purchase of
current method of collection as required by Chapter 216 of the used vehicles for undercover operations.
Ordinances be maintained. The Buffalo Police Department will purchase tile vehicles
REFERRED TO THE COMMITTEE ON FINANCE utilizing normal industry methods and will make every effort to
purchase the vehicles in a manner that provides the best value
NO. 25 to the City. It is our position that the purchase of undercover
PERMISSION TO PURCHASE REPLACE vehicles is a sensitive issue, which requires a great deal of
VEHICLES- DIVISION OF BUILDINGS discretion, and that end is best met through the waiver of the
MAINTENANCE FLEET bidding process.
Permission is requested from Your Honorable Body to Further, the difficulty of finding similar vehicles from which to
purchase / replace (3) vehicles in our Division of Buildings determine the best bid is difficult when considering the
Maintenance Fleet. The vehicles to be replaced are as follows: purchase of used vehicles.
• B43 1985 Chevrolet Utility Van If you require additional information, please contact Chief
• B48 1995 Chevrolet Utility Van Richard Ortiz at 851-5181. Thank you for your immediate
• PW02-B 1994 Ford Explorer attention to this matter.
These vehicles have been used for daily maintenance activities REFERRED TO THE COMMITTEE ON FINANCE AND THE
since their purchase and are beyond normal service life. These CORPORATION COUNSEL
vehicles will be replaced by purchasing (2) 3/4 ton utility vans
and (1) compact pickup truck. Total purchase amount is not NO. 29
expected to exceed $50,000 and funds are INFO ACCIDENT REPORTS
available in Public Works departmental accounts: • 15050007-Dear Ms. Collin,
474200 • 13296007-474200 Enclosed please find a copy of four (4) accident reports that
REFERRED TO THE COMMITTEE ON FINANCE were fried for the month of December 2004 the for the following
street(s):
NO. 26 MICHIGAN AVENUE between NORTH AND EAST FERRY
REDUCTION IN RETENTION STS.
CONTRACT #92010858 MASTEN AVENUE between NORTH AND EAST FERRY
GROUP #615 - STREET CUTS CITYWIDE STS.
Permission is requested from Your Honorable Body for a If our department can be of further assistance please do not
reduction in retention to Contract #92010858, Group #615, hesitate to contact us.
Street Cuts Citywide with Louis Del Prince & Sons Inc. Current REFERRED TO THE COMMITTEE ON LEGISLATION
retention being held is 10% of the work completed to date as
follows:
• Work completed $256,930.56 FROM THE COMMISSIONER OF FIRE
• Current retention 10% - $25,693.06
• Amount of work to complete $23,571.64 NO. 30
We are requesting a reduction in retention to 1% or $2,569.31. COMMAND & PULL VEHICLES FOR THE BUFFALO FIRE
Work on this project was stopped due to winter weather DEPARTMENT
conditions and the project will be completed first thing in the Funding UASI 2003 $120,000
spring of 2005. UASI 2004 $210,000
Mr. Coppola moved: TOTAL $330,000
That the above communication from the Commissioner of PULL VEHICLES:
Public Works, Parks and Streets dated January 6, 2005, be Required to pull 4 Emergency Response (WMD) Trailers.
received and filed; and 2 - De Con Trailers
$133,360.00
That the Commissioner of Public Works, Parks and Streets be, (purchased out of
and he hereby is authorized to reduce the retention from 10% MMRS funds)
to 1% ($2,569.31) to Louis Del Prince & Sons Inc. for Street 1 - EMS Trailer (purchased out of MMRS funds)
Cuts Citywide, Group #615, Contract #92010858. 1 - State Equipment Trailer (provided by New York State)
PASSED 4 - Pull Vehicles
AYES - 9 NOES - 0 @ $33,340.00/each per State Contract
COMMAND VEHICLES:
FROM THE COMMISSIONER OF POLICE Required to replace aging Command Vehicles for 24-hour
Emergency Response.
NO. 27 5 - Command Vehicles @ $38,161.00/each per State Contract
BAILEY AVENUE REDEVELOPMENT TASK FORCE = $190,805.00
[ITEM #126, C.C.P. DECEMBER 14, 2004] Total: $324,165.00
Per Common Council request, Chief Mark Antonio has been RECEIVED AND FILED
assigned to represent the Buffalo Police Department in the
above mentioned task force. Chief Antonio may be reached at NO. 31
851-4416. CERTIFICATE OF APPOINTMENT
RECEIVED AND FILED SIGNATURE AMENDED
Appointment effective: December 9, 2004 in the
NO. 28 Department of Fire To the position of
CITY OF BUFFALO, POLICE DEPARTMENT Deputy Commissioner at the flat Starting Salary of $89,372
REQUEST FOR AFFIRMATION OF C.C.P. #104 David C. James, 489 Ellicott Street, Buffalo, 14203
122397 REFERRED TO THE COMMITTEE ON CIVIL SERVICE
"PERMISSION TO WAIVE BIDDING
The Buffalo Police Department is requesting that your NO. 32
Honorable Body affirm C.C.P. #104 122397, permitting the EFFECTIVE DATE AMENDED
CERTIFICATE OF APPOINTMENT property.
REFERRED TO THE COMMITTEE ON FINANCE
Appointment effective January 3, 2005 in the
department of Fire
To the position of
NO. 37
Fire Lieutenant, Contingent Permanent at the flat starting salary
J.N. ADAM/SEQRA REVIEW
of $59,134
Prior Council Reference:
Starting salary of: $59, 134
As per the request of your Honorable Body, I am providing the
Thomas Bystryk, Jr., 8787 Heath Road, Colden, New York
following information regarding the SEQRA review conducted
14033
by Empire State Development Corporation ("ESDC") in 1998
Jeffrey Staufigger, 64 lnwood Place, Buffalo, New York 14209
regarding the above-referenced property, which included a
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Long form Environmental Assessment Form ("LEAF"), Lead
Agency Determination, and Negative Declaration.
FROM THE CORPORATION COUNSEL
The early work of which the City was noticed included for
NO. 33
ESDC's acquisition of the property for an unspecified use of
FORECLOSURE OF USER FEE AND WATER SERVICE
the property. The City holds a reversionary interest in the
ACCOUNTS PRIOR COUNCIL REFERENCE: ITEM #122,
property, which has not been triggered, as the State continues
C.C.P. DECEMBER 28, 2004
to use the property for mental health purposes. The only action
As per the request of your Honorable Body, I am providing the
the City is taking is releasing its reversionary rights to the State.
following information regarding the foreclosure of the User Fee
The City does not hold title to the property, and therefore is not
and Water Service accounts.
the entity passing title to the identified purchaser or allowing
Pursuant to Buffalo Code § 15-41 and the Real Property Tax
any particular use of the property after it is sold.
Law, the City of Buffalo may place a lien on real property
While an identified prospective purchaser from ESDA has
associated with user fee or water service accounts in arrears of
mentioned that he would request to do logging at the site, we
one year or more, and may be enforced said lien by foreclosure
are not approving, permitting, or funding any such action. Our
proceedings. In addition, neither the Buffalo Code nor the Real
act is limited to ESDC who must comply with SEQR with
Property Tax Law requires any notice of possible foreclosure to
regard to any further activities they permit, approve, or fund. In
be printed on the water or user fee bills. Currently, the user fee
addition-any future uses of the property, which is outside the
and water bills do not contain any language indicating the
City of Buffalo, will require compliance with all other Federal,
possibility of foreclosure for past due bills exceeding one year.
State, and local laws including related environmental reviews. If
The foreclosure notices that were sent in December, 2004 are
the prospective purchaser decides to utilize the property in a
courtesy notices, and an additional courtesy notice will be
manner that will require further environmental review, then the
mailed prior to the filing of the in-rem list with the courts.
Town of Perrysburg or other appropriate State or Federal
The plan of the City of Buffalo to move forward with
Agencies would be the entity responsible for conducting such
foreclosures concerning past due water and user fee bills is
additional environmental review.
legal, and the City has properly followed the laws concerning
The Negative Declaration clearly outlines this procedure
this issue pursuant to the Buffalo Code and the Real Property
pursuant to SEQRA regulations as follows:
Tax Law.
"A purchaser has not been selected at this time. There
RECEIVED AND FILED
currently exists no specific project
plan or proposal for development or a change in the type or
NO. 34
intensity of the use of the
J. N. ADAM DEVELOPMENTAL CENTER
subject property... Thus, no development or change respecting
PERRYSBURG, NEW YORK
the uses on the property
(WESTERN NEW YORK LAND
is being considered at this time (logging is a permitted use on
CONSERVANCY)
the property). Any future55 ]~
Please find enclosed for your information a copy of a letter
development or change respecting the use of the property
from Amy Holt of the Western New York Land Conservancy to
would be subject to local land use controls and further
Thomas S. Trathen of The Trathen Group regarding the J.N.
review under SEQRA before it is undertaken, funded or
Adam site.
approved by an agency (this does not include the sale of
REFERRED TO THE COMMITTEE ON FINANCE
the property, but rather the funding for a project after the
property is sold)." In essence, the transfer of the reversionary
NO. 35
interest does not trigger any additional SEQRA review, but
J. N. ADAM DEVELOPMENTAL CENTER
rather once the identified purchaser provides a plan to the
PERRYSBURG, NEW YORK
Town of Perrysburg or other regulatory Agency, it will be the
(NYS DORMITORY AUTHORITY)
Town or other regulatory agency's responsibility to determine if
Please find enclosed for your information a copy of a letter this
further SEQRA review is necessary.
office has sent to Marc D. Ganz, Director of Real Property
REFERRED TO THE COMMITTEE ON FINANCE
Services, State of New York Dormitory Authority regarding the
sale and reverter release of the J.N. Adam property into two (2)
NO. 38
separate transactions.
LOCAL LAWS REGARDING COMMISSIONERS OF
REFERRED TO THE COMMITTEE ON FINANCE
STRATEGIC PLANNING AND
HOMELAND SECURITY
NO. 36
Prior Council Reference:
J. N. ADAM DEVELOPMENTAL CENTER
As per the request of your Honorable Body, I am providing the
PERRYSBURG, NEW YORK
following information regarding changing the Executive Director
(EMPIRE STATE FINAL MEDIA SCHEDULE)
position for the Office of Strategic Planning to a Commissioner
Please find enclosed for your information a copy of an e-mail
level position, and also changing the Homeland Security
this office has received from Marc D. Ganz, Director of Real
Coordinator position to a Commissioner level position.
Property Services, State of New York Dormitory Authority
First, a referendum would not be required for either of the
regarding the advertisement schedule for the J.N. Adam
above-referenced changes. Furthermore, there are no other
necessary requirements of this body other than the normal Carolyn Lenczyk 129 Walter Street Buffalo, NY 14210
approval process for a local law. In regards to the Homeland REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Security position, there may be other budgetary changes that
will be necessary, but the Department of Administration and FROM THE BOARD OF EDUCATION
Finance has advised those changes will take place and be
required after the local law is passed by the Council and NO. 43
approved by the Mayor. "B. DAVIS - FENCING AT SCHOOL 36 LOT AND
RECEIVED AND FILED PLAYGROUND"
ITEM #71 - C.C.P. DECEMBER 14, 2004
NO. 39 Mr. Roy Rogers, Chief Operations Officer, has requested the
TOSH COLLINS & CAZENOVIA ICE RINK, Grounds Department prepare alternate solutions along with the
INVOICES "]IS / / respective costs.
(ITEM NO. 76, 74 & 75, C.C.P., We will inform you of the proposed plan as we identify the best
12/28/04) solution.
Please find enclosed for your information a copy of a letter RECEIVED AND FILED
this office has sent to Gregory J. Dudek, Esq. of the Erie
County Attorney's Office regarding the invoices from R. NO. 44
Cummings for payment. "B. DAVIS-BURGARD HIGH SCHOOL"
REFERRED TO THE COMMITTEE ON FINANCE "A. THOMPSON-SENECA VOCATIONAL HS CERTIFIED
SHOP TEACHER"
FROM THE COMMISSIONER OF PERMIT & INSPECTION "GOLOMBEK-SCHOOL SAFETY AND EDUCATION"
SERVICES ITEM NO. RES # 51, C.C.P. 12/14/04- RES. #71, C.C.P.
12/14/04-RES. #156, C.C.P. 12/15/04
NO. 40 Item no: Res. #51 C.C.P. 12/14/04, "B. Davis-Burgard High
BAILEY AVENUE REDEVELOPMENT TASK FORCE" School"
ITEM NO. 126. C.C.P. 12/14/2004 Allegations regarding racism, violence, and disrespect of the
I am in receipt of the above stated Common Council Assistant Principal at Burgard High School have been
Communication and wish to supply your Honorable Body with investigated by the Assistant Superintendent for Leadership
the following information. As Bailey Avenue is one of the most and Evaluation assigned to the school, as have allegations
prominent thoroughfares in the City of Buffalo, we feel that any against the principal. These are personal issues and a public
effort put forth to preserve and to enhance Bailey Avenue is response regarding the outcome is not appropriate. Due to the
time well spent. I would like to inform your honorable body that I anonymous nature of the letter, further investigation involving
am nominating Building Inspector Vincent Ferraraccio as the the complaint is not possible regarding the specifics of the
designated member of the Department of Permit and allegations.
Inspection Services to serve on the Bailey Avenue Item no: Res. #71 C.C.P. 12/14/04, "A. Thompson-Seneca
Redevelopment Task Force. It is my sincere hope that this Vocational HS Certified Teacher
response satisfies your inquiry. Mr. Noud was returned to his classroom teaching duties in
RECEIVED AND FILED December and a certified Assistant Principal, Larry Hunley,
has been assigned to Seneca High School to replace Thomas
NO. 41 Aquino, Assistant principal, who is out on extended sick leave.
LICENSING OF ADULT USE ESTABLISHMENTS Item no.: Res. #156 "Golombek-School Safety and Education"
ITEM NO. 135. C.C.P. 11/20/2004 The Buffalo School District has put in place the Opportunity
I am in receipt of the above stated Common Council Centers that serve students who present with problem
Communication and wish to supply your Honorable Body with behaviors and have been formally suspended from school. The
the following information. Currently, The Department of Permit program offers support to these students based on their
and Inspection Services issues a Go -Go Dancers License for individual needs. The centers are staffed with core subject area
live performances in an Adult Use establishment. Section 511 instructors, social workers, guidance counselors and
under the definition of Exotic Cabaret makes mention of Go- attendance teachers. The program includes individual and
Go- dancers. This License is also issued in conformance with small group counseling, conflict resolution, literacy skill
Section 95 of the Ordinance of the City of Buffalo identifying it development and more. In addition, students are encouraged to
as entertainment being in the sixteenth class. The sixteenth participate in our community service program.
class of license is a "catch all" for specific operations not While these students may remain on their home school roster
mentioned in Ordinance and Code Section 75. We in the for accountability, they are receiving instruction and other
Department of Permit and Inspection Services would support a supports at one of two sites (Kensington grades 9-12 & Fulton
revision to this out dated code and would be willing to have a grades 7-8 including Bilingual services). Duration of stay for
representative of our Department participate in dialog each student assigned to the Opportunity Center under the
concerning the drafting of a new ordinance, It is my sincere Student Support Program varies. Each student has an
hope that this response satisfies your inquiry. individual service plan tailored to meet their social and
REFERRED TO THE COMMITTEE ON LEGISLATION academic needs.
We concur that by transferring a student from one school to
FROM THE COMMISSIONER OF HUMAN RESOURCES another does not improve student performance. It can be
counter productive to move some students to new schools. In
NO. 42 addition, to academic skill development, it is the District's
CERTIFICATE OF APPOINTMENT mission to empower students with the life (i.e. social) skills
Appointment Effective January 3, 2005 in the Department of needed to be productive citizens in and outside of school.
Human Resources We are continuing to examine and identify program supports
Division of Civil Service Administration to the Position of that will foster this mission.
Personnel Specialist II REFERRED TO THE COMMITTEE ON EDUCATION
Temporary at the Second step of $42,964
FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY
Permanent at
to the Position of Motor Equipment Mechanic,
NO. 45
the flat Starting Salary of $28,999
MEMORANDUM OF AGREEMENT BMHA & IOUE LOCAL
John Fricano, 178 Stratford Road, Buffalo, NY 14216
17-175
Dear Mr. Chwalinski:
Certificate of Appointment
Attached please find an original and three(3) copies of an
Appointment Effective December 20, 2004 in the Department
agenda item to be included on the Common Council agenda for
of Administration & Finance to the Position of Court Liaison
the session scheduled for January 1, 2005.
Starting Salary of
Coordinator, Provisional at the minimum
If additional information is required, please contact me at 855-
$31,747
6711, ext. 242.
Thank you for your assistance in this matter.
Jonathan F. Nasca, 12 Woodley Rd, Buffalo, NY 14215
Very truly yours,
Theresa Spagna
CERTIFICATE OF APPOINTMENT
Deputy Executive Director for Personnel
Appointment effective January 3, 2005 in the Department of
Mr. Coppola moved:
Human Resources, Division of Civil Service Administration to
That the above communication from the Commissioner of
the position of Personnel Specialist I, Temporary Promotion at
Public Works, Parks and Streets dated January 3, 2005, be
the minimum starting salary of $35,598
received and filed; and
Willie McLaughlin, 70 Phyllis Ave, Buffalo, NY 14215
That the Memorandum of Agreement between the Buffalo
Municipal Housing Authority and I.U.O.E., Local 17-17S,
representing operating engineer employees of the BMHA,
NON-COMMUNICATIONS, PETITIONS AND
effective January 1, 2005, be and hereby is approved and
REMONSTRANCES
ratified.
NON-OFFICIAL COMMUNICATIONS
PASSED
AYES - 9 NOES - 0
FROM THE CITY CLERK
NO. 49
NO. 46
BOARD PACKET DOCUMENTS
LIQUOR LICENSE APPLICATIONS
Attached are the following documents from the January 3, 2004
Attached hereto are communications from persons applying for
Joint Schools Construction Board Meeting:
liquor licenses from the Erie County Alcohol Beverage Control
1. Draft Agenda
Board.
2. Meeting Minutes from JSCB Meeting dated
Address Business Name Owner's Name
December 6, 2004
317 RICHMOND CUB DIABLO JESSE ZUEFLE
3. Application and Certificate for Payment No. 29
RECEIVED AND FILED
December 2004
4. Phase II Application and Certificate for Payment No.
NO. 47
3 - December 2004
REPORTS OF ATTENDANCE
5. Letter of Recommendation for Compliance and
I transmit herewith communications received by me, from the
Monitoring Services for Phase II
various boards, commissions, agencies and authorities
6. Bevlar & Associates Inc. Construction Contract
reporting the membership attendance at their respective
Monitoring and Compliance Services Monthly Report for
meetings:
Addendum 1 Project -November 2004
Buffalo Sewer Authority
COPY AVAILABLE IN CITY CLERKS OFFICE FOR REVIEW
RECEIVED AND FILED.
RECEIVED AND FILED
NO. 48
NO. 50
APPOINTMENTS - TEMPORARY, PROVISIONAL OR
ASBURY CHURCH PROGRESS
PERMANENT
Please file the attached item for the Common Council meeting
I transmit herewith Appointments in the various departments
to be held on January 11,2005.
made at the Minimum (Temporary, Provisional or Permanent)
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR
(as per contract requirements).
REVIEW
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
RECEIVED AND FILED
Certificate of Appointment
NO. 51
Appointment Effective:1/14/2005 in the Department of Public
YEAR 31 CDBG
Works Division of Streets to the Position of Truck Driver,
In an effort to work together on the Year 31 Community
Permanent at the flat Starting Salary of $27,646
Development Block Grant Application, it is imperative that the
Mayor's recommended budget be filed with the Council for its
Steven Francoforte, 287 North Drive, Buffalo, NY 14216
review and disposition as coon as possible.
It is my understanding that the required public hearing is going
CERTIFICATE OF APPOINTMENT
to be scheduled early in February. If this is the case, that does
Appointment Effective 01/14/2005 in the Department of Public
not give the Council sufficient time to review the budget
Works, Division of Engineering to the Position of
adequately and make its comments and recommendations to
Street Repair Supervisor I, Provisional Promotion at the
the administration in a responsible fashion.
Minimum Starting Salary of $30,072
Recalling last year's budget process, you had agreed in earlier
Henry Jackson, 527 Northland Ave., Buffalo, NY 14211
Council meetings that the short time for review and disposal (3
days) was not the way in which we would proceed this year. I
Certificate of Appointment
believe that I can speak for all of my colleagues when I say that
Appointment Effective:1/05/2005 in the Department of Public
the more opportunity we have to work together, for the best
Works Division of Streets
interests of the City of Buffalo, the better the outcome.
Additionally, I am sure you would agree that review and again to 41 in both 2001 and 2002.
discussions that are done in haste and under short time COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR
constraints do not bare the best results. REVIEW
Please contact myself or Councilmember Golombek, chair of RCEIVED AND FILED
the Community Development Committee, to inform us of when
the Block Grant will be filed and when the required public NO. 54
hearing will be set by the administration. ROM LIGHTING
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NO. 52 $600,000 per year to use toward education, parks
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RECEIVED AND FILED REFERRED TO THE COMMITTEE ON FINANCE AND THE
COMMISSINER OF PUBLIC WORKS
NO. 53
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Rochester: Slayings of young black men plunged by more than REFERRED TO THE COMMITTEE ON FINANCE AND THE
two-thirds in 2004, COMMISSIONER OF PUBLIC WORKS
Operation Ceasefire, devised by a Harvard University
criminologist a decade ago, targets drug-dealing groups NO. 56
committing the bulk of homicides in a city by setting clown a INDEPENDENT AUDIT
vigorously enforced standard: Harm anyone, and your entire CITY OF BUFFALO AGENCIES
crew will be punished. During the month of December 2003, I sent a letter to Mr.
In Rochester, New York's third-largest city with 220,000 Thomas Baker, the Chairman of the Buffalo Fiscal Stability
residents, murders soared in 2003 to 57 – and 31 of the victims Authority, requesting an independent audit on the City of
were black males ages 15 to 30, In the past 12 months, nine Buffalo agencies, including the Board of Education, Buffalo
people in that high-risk category have been slain. Sewer Authority, Buffalo Municipal Housing Authority, and
"So far, the results have been phenomenal," Police Chief possibly the Buffalo Water Board. Usually these agencies hire
Robert Duffy said. "Success is going to be five years in a row an accounting firm to examine their financial activities. I believe
of dramatic drops. We believe if we can show long-term it would be of benefit to the taxpayer if an independent audit
change with the deaths of these young men, that is the key to were done. I say this because of the dealings I had with the
long-term homicide reduction." City of Buffalo School Board.
The city's stubbornly high murder toll, however, reached 38 in The Board of Education from 1981 to 1989 sued the City of
2004, driven by an unusual spate of domestic-dispute deaths Buffalo in Federal Court for $59,900,000. The City contested
and a doubling of killings of men ages 31 to 45. But while some the awards and because of the City's actions, the Board was
neighborhoods remain magnets for violent drug dealers, others awarded $26,037,000. If the City did not hire counsel and
have witnessed a clearing out, dispute the lawsuits, the Buffalo Board of Education world have
"I'm feeling safer, I have friends who are feeling safer," said been awarded $59,900,000-a savings to the taxpayers of
Karyn Herman, who lives in a west side neighborhood where a $33,863,000. The $26 million awarded by the court came from
dozen houses were drug hangouts at one time or another over the savings of the other city departments.
the last 10 years. There's no open drug trafficking now, killings In 1989 the Board of Education requested $16.8 million from
have dissipated, landlords are employing "safer rental the City of Buffalo. On the fine research work of William
practices" and more people are sprucing up their homes, she Mahaney, an INDEPENDENT ACCOUNTANT hired by the
said. court, the board was denied the entire amount. In his 1989
Following a national pattern, killings here declined from a peak decision, Judge Curtin ruled that any money given to the board
of 68 in 1993 to a 17-year low of 29 in 1999 before climbing must necessarily be diverted from other municipal needs. He
also wrote that the board's submissions, although at times were proper long-term stewardship of all the aspects of this unique
voluminous, were generally inconsistent, confusing, property, not just the timber. As a not-for-profit, our mission is
misleading, and woefully lacking. not profit but community and economic development.
Because of William Mahaney's audit, the Buffalo School Board It appears that the current offer for this historic property may be
did not receive one cent, and they have never sued the City rejected by the City Council on Tuesday, January 11TH. In the
again. It took Judge Curtin eight years to realize what the event that this happens, the Cattaraugus Local Development
Griffin administration knew from day one. I believe an audit by Corporation (CLDC), a 501 ( C ) 3 not-for-profit corporation, is
the State Comptroller or an independent audit hired by the fully prepared to rapidly act and execute the attached
State would show the City of Buffalo and its agencies offer/proposal.
numerous ways to save money for the taxpayer and also have a The CLDC approaches situations like this differently, we try to
more efficient workforce. make it a win-win situation for the principle players. Therefore,
REFERRED TO THE COMMITTEE ON FINANCE we
are prepared to elaborate and expand on our original
proposal/offering if you, the City Council and New York State
NO 57
sincerely want to divest yourselves of this property while
insuring that you receive "Fair Market Value" and sound
stewardship.
DESIGNATION OF RESTRICTED HIGHWAY GRANT ST
The processes we use have been successful in turning a 13
mile abandoned rail bed into a new Rails-to-Trails between the
PURSUANT TO SECTION 104A OF THE HIGHWAY LAW
Village of Cattaraugus and the City of Salamanca. (Most trails
take 10 years to complete-we did it in 5 years.) Also we
acquired ownership of the defunct 1100-acre Enchanted Lake
THE FOLLOWING DESCRIBED HIGHWAY:
Development, addressed homeowners sewer and water
A portion of Grant Street beginning south at Station 0+000 and
concerns resolving them within the 90 days; and converted it
extending along Grant Street to the north side of the
into a community asset with the establishment of the "James A.
intersection of Amherst Street as shown on the contract plans.
Zaepfel Nature Sanctuary and Research Center". In addition
This includes a portion of Route 198 and Entrance Ramps B
we pioneered for 7 years and established the first "Hands-on
and F and Exit Ramps Cand *E
Preservation Curriculum" in NYS with Alfred State.
All in the City of Buffalo in Erie County which is being
The processes we have employed in the past have not been
reconstructed under Contract No. D259335 is hereby
easy, but we have been very successful in implementation. We
designated as a Restricted Highway. Designation of restricted
would use J. N. Adam Center as a demonstration project/model
highway shall expire on February 21, 2005.
for other areas within NYS. With this offer the City and State
Pursuant to Section 1625 of the Vehicle and Traffic Law all
will divest itself of the 650 acres. NYS will receive a one-time
movement of vehicles, persons or animals on such highway is
payment. The City of Buffalo will share in the immediate and
hereby restricted and regulated in accordance with the
future success of the property while having none of the
determination of the Commissioner of Transportation as
liabilities. The CLDC will be the "Champion" for the conversion
evidenced by posted signs, signals or barriers placed along
of this property into a community asset.
said highway and/or by directions by an authorized
Thank you for taking the time to review this information. I
representative of the Commissioner of Transportation.
welcome the opportunity to meet and talk with you and the
Any action taken by the Commissioner of Transportation
Common Council.
pursuant to Section 1625 of the Vehicle and Traffic Law shall
REFERRED TO THE COMMITTEE ON FINANACE AND
supersede any other provisions of the Vehicle and Traffic Law
THE CORPORATION COUNSEL
where inconsistent or in conflict with respect to the following
enumerated subjects:
NO. 59
1. Establishment of maximum and minimum speed limits at
NFTA RESPONSE
which vehicles may proceed along any such restricted
This letter is in response to Common Council Resolution No.
highway.
157, which was forwarded to me for response on December
2. Weights and dimensions of vehicles.
22, 2004. Representation on the Board of the Niagara Frontier
3. Use of such restricted highway by pedestrians,
Transportation Authority is a matter within the purview of the
equestrians, and animals.
Governor's office and the State Legislature. There are currently
4. Parking, standing, stopping and backing of vehicles.
eleven members appointed to the Board by the Governor with
5. Control of persons and equipment engaged in work on
the advice and consent of the Senate. Two of the members are
such highway.
recommended by Erie County. This change to the NFTA's
The provisions of the Vehicle and Traffic Law with respect to
enabling legislation was enacted at the time Erie County
registration shall not apply to vehicles and equipment engaged
entered into a binding agreement with the NFTA to provide a
in work on such restricted highways.
dedicated source of funding for the light rail system.
When used on such restricted highways, all traffic control
RECEIVED AND FILED
devices shall be considered as official traffic control devices
and shall conform to the manual and specifications for a
NO. 60
uniform system of traffic control devices adopted by the
REQ STATE FORESTER INSPECT JN ADAM PROPERTY
Department of Transportation.
I am writing in response to your recent letter in which you
RECEIVED AND FILED
request the assignment of a State Forester to evaluate the J.N.
Adam Memorial Hospital property.
NO. 58
I would suggest a joint on-site meeting and inspection of the
INFO – JN ADAM DEVELOPMENT CTR
site's forest resources by a representative of the City of Buffalo
I am writing this letter as a follow up to my correspondence and
and one of our State Foresters. Following this site inspection,
conversations on the J. N. Adam Developmental Center
we can advise the City as to what forest resources are on the
property in Perrysburg New York and the recent article in the
property and how they can be best managed. This information
Buffalo News. Our organization shares your concern about the
should be helpful to the Buffalo Common Council in
determining the future of this parcel. guarantee that they will never be able to pay off their water bills.
In the event the Council decides to proceed with timber Our clients do not choose to be delinquent. Homes that were
appraisals and future sales of forest products from the site, we affordable in the past become difficult to maintain on a small
can provide a list of cooperating foresters from which the City retirement income. Moreover, many of our clients cannot sell
can choose someone to represent its interests. their homes, even if they wanted to. Threatening these people
Please contact our Regional Forester, Mr. Wayne Cooper, at with foreclosure will do nothing but cause needless panic and
our Allegany Office to make arrangements for the site add additional expenses to their bills.
inspection. Nix. Cooper can be reached at (716) 372-0645. In the past, the water company has allowed us to work out very
If I can provide any further assistance, please contact me. affordable payment arrangements for our clients. However,
REFERRED TO THE COMMITTEE ON FINANCE AND THE clients who miss payments now are getting the foreclosure
CORORATION COUNSEL notices. Unfortunately, even some of our clients who have not
missed payments are receiving such notices. We cannot
NO. 61 handle the volume and must turn people away.
INFO SALE OF It is my sincere hope that you can reverse this decision. I do
JN ADAM HOSPITAL not believe many additional bills will be paid as a result of this
I appreciate your concern over the State's intended new threat, and many long-term homeowners will be forced
sale of the J. N. Adam Hospital complex. I, too, am concerned from their homes, replaced by out-of-town landlords who
about the sale on several levels and ask that you include this purchase blocks of properties at auction. If the decision cannot
letter in your discussions at your next Council meeting on be reversed, I hope that I can meet with you and other city
12/28. leaders to craft a solution to help our seniors. Thank you.
My first concern is as an avid promoter of Buffalo's rich REFERRED TOT HE COMMITTEE ON LEGISLATION AND
architectural history. The J. N. Adam complex was designed by THE CORPORATION COUNSEL
Buffalo-based architect John Hopper Coxhead, a nationally-
recognized architect with more than a dozen properties listed NO. 63
on the National Register of Historic Places. While Coxhead is INFO SALE JN ADAM CENTER
known locally primarily for his Delaware Avenue Baptist COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR
Church, his largest commission here was for the J. N. Adam REVIEW
Hospital complex. From 1926 to 1934, he worked for the REFERRED TO TH ECOMMITTEE ON FINANCE
Veterans Administration designing many of our country's
original VA hospitals, helping to create the standard for VA NO. 64
hospital design. Models of some of these Coxhead hospitals Vacant Lot Cut at 149 Glenwood Avenue
were displayed at the 1934 Century of Progress World's Fair in I am in receipt of a communication from you dated September
Chicago. Therefore, our hospital is significant not just to local 27, 2004, in reference to verifying your records with the
history, but to national history as well. Director of Street Sanitation in cutting the grass at the above
I am also concerned about the proposed sale price of the property.
property. Since 1998 1 have contacted representatives of the I am not clear on what records that were provided to you, as I
State twice about purchasing the property. While I don't spoke to the young lady who answered the phone the situation
remember the specific details now, my recollection is that the was as follows:
price of the property was over two million dollars. Selling it for We have an individual that cuts our grass; this is not the first
less than $400,000 seems wasteful of taxpayers' dollars. time that I have had a communication from your department in
The bidding process for the sale also concerns me. I had reference to cutting the grass. We have never paid for cutting
asked twice about buying the property, yet when it went out for the grass because we pay an individual to cut our grass. And I
bid in this last round, I was not contacted. Granted, I am not a have had several conversations in reference to this.
developer, but if someone who had expressed interest in the On the day in question, my theatre director saw the city worker
past was not contacted, who else was left out of the process? I in the process of beginning to cut the grass, and call it to my
have spoken with John Cerio, president of The CRS attention. I left the center and went to him and waved him to
Companies, redevelopers of the award-winning St. Mary's stop. All of my staff have been informed to get me immediately
Commons affordable senior housing project in Williamsville (as and stop the worker from cutting the grass. He pulled over to
well as many other successful redevelopment projects in the me and I told him not to cut the grass. Why do I have to keep
area), and he was also unaware of the proposed sale. Mr. Cerio telling downtown, that we have someone to cut the grass In fact
is interested in pursuing options which would provide both a we cut all of the lots on that comer, and all of them do not
better profit for the State and City as well as save and belong to the Center. He stated to me you stopped me before, I
redevelop the complex. He is making arrangements for a site should have remembered. He stopped cutting the grass and
visit within the next two weeks. drove his vehicle down the street,
REFERRED TO THE COMMITTEE ON FINANCE When I called about the bill I received, the receptionist (I am
assuming) who answered the phone, I explained all of the
NO. 62 aforementioned to her. Before I could tell her I stopped him,
LEGAL SERVICES FOR THE ELDERLY, DISABLED OR she told me they took pictures. I told her that was impossible
DISADVANTGED OF WNY CITY OF BUFFALO WATER because I stopped him. She then stated you stopped him from
AND OR USER FEE FORECLOSURE NOTICES working, I stated yes I did. She then told me she would
I am writing to you in my capacity of the director of a law office investigate the situation and get back to me. I then received
that provides free civil legal services to poor, elderly city your communication.
residents. Since the inception of the foreclosure policy for late I will not pay your department and pay our contractor to cut the
water/user fees, we have been inundated with calls from grass and also be responsible for the other lots that are there. I
frightened seniors. They have called us, frequently in tears, resent the fact that I continuously have to keep notifying your
fearing the immediate loss of their homes. Many owe only a few office of this situation when there are lots that belong to the city
hundred dollars and now have another $450 in a "foreclosure that never get cut.
fee" added to their bills. Moreover, most of our clients cannot The African-American Cultural Center has an individual who
afford the exorbitant interest rates (and collection fees) which cuts our grass, we have gone through the problem on several
occasions, and this is a matter that needs to be resolved, other that?" There are certainly enough primary and secondary
than the agency paying twice for a service that is provided once streets in the City of Buffalo to take care of commuters. The
and not by the city. residential streets should be primarily for the residents.
REFERRED TO THE COMMITTEE ON FINANCE AND THE REFERRED TO THE COMMITTEE ON LEGISLATION AND
COMMISSIONER OF PUBLIC WORKS THE COMMISSIONER OF PUBLIC WORKS
NO. 65 NO. 66
Parking Issues (City-wide) JN ADAM FACILITY PHASES FOR FUTURE
When the Northeast Parkway ( now Gaiter Parkway ) was Objective: To begin the selective harvesting of existing stands.
under construction, the original plan was to terminate it at Graduate Foresters will go on site and identify and mark select
Pembroke Street. New York State, at the urging of then trees for harvest.
Councilman Brown, produced funds to extend the road to Forester is responsible for trail layout, low impact harvesting
Kensington Avenue. The stated purpose was to divert truck techniques, and oversight of harvest in progress.
and nonresidential traffic to the designated primary and Forester will also follow up on completed work and oversee
secondary through streets. remediation of the site.
This has worked well except for Wyoming Avenue. The north Harvest will be done in three phases from 2005 to 2025 initially.
section of Wyoming Avenue parallels the Gaiter Parkway from Subsequent harvests every 10 years after 2025.
Kensington Avenue to Warwick Avenue. Originally, the street Goals:
was dead-ended at Warwick. As part of the parkway 1. Establish and spur new sapling growth, as little young
construction, Warwick was opened up as an on ramp from the growth is currently present.
Gaiter Parkway to the Kensington Expressway. The Gaiter 2. Begin the process o f developing an uneven-aged stand.
Parkway was given a light and a stop sign to control the traffic. 3. Install a trail system to allow for management and
Deerfield Avenue (The next parallel secondary street to the on recreational activities on the property.
ramp) already had a light and a stop sign to control the traffic. 4. Improve overall forest health on this site.
No traffic control measures were provided to Wyoming Avenue. Phase 2: Campus housing +Main Campus, 2005-2006
This created a three and a half block straightaway down this Objective: Begin the process of stabilizing and securing the
street. Drivers quickly learned to avoid the lights at Gaiter and main campus buildings.
Deerfield by diverting to Wyoming Avenue. In order to beat the Bring in various experts to pitch "best use" plans (or the
traffic down the Gaiter Parkway, many drivers travel in excess property.
of 60mph. down the street. Adults and children have a difficult Bring in various structural engineers to obtain opinions as to
time doing normal residential activities on their own street. which building are salvageable and which ones are not.
The Wyoming Avenue Block Club immediately complained Work with local town and village officials, dedicating the
about the situation to Councilman Brown, who then wrote a highway back to the municipalities
letter to the D.P.W. (enclosed), requesting that a stop sign be Rehabilitation of salvageable homes.
placed at either Colfax or Mendola and Wyoming. Our block Westernmost parcel will be surveyed and subdivided.
club, among others, was invited to Progress Meeting #36 for Following completion of the above measures, the homes will be
the Northeast Parkway. At hat meeting, the block club was told sold to the local community and put back on the tax rolls for the
by the D.P.W. representative (Tom LoTempio) that the benefit of the community and municipalities.
installation of the stop sign was "no big deal", and would be Goals
installed at the close of the job. It would be considered as part Improve housing on site.
of the project (notes enclosed). Develop tax base.
Apparently the job has not yet been finished. It has been eight Revenue to be used for reinvestment in main campus
years. The Wyoming Avenue Block Club has made many rehabilitation
attempts, (Letters, petitions, etc.) to redress this issue. All have Phase 3: 2005-2010
Main Campus
either been ignored or have been met with the "we need a
Objective: Assessment of main hospital to address safety and
study" gibberish. As if honesty and keeping your word needs
stabilization and on and future deterioration concerns
any further "looking into". The present situation is that there is
Professionals, specializing in many fields, will be invited to the
more traffic control equipment on the parkway and the
property to pitch "best use" scenarios.
secondary street, Deerfield, than on the residential street,
All propositions will be token into consideration
Wyoming. This is ridiculous, both for the residents and as a
2007: The final decision for best use will be put in place and
matter of general public policy. By definition, "residential"
rehabilitation work will begin.
streets are to serve the needs of the local residents. They do
Goals
not exist for the convenience of the commuting public.
1. Improve on the safety of the property.
I had thought that for some reason, this group of streets was
2. Improve on the aesthetics of the property.
on the D.P.W.'s "Not to do" list. However, I recently came
3. Preserve the campus-like feel of the property.
across an article in the Buffalo Evening News that suggests the
4 Achieve a multiple use property in which grandeur, nature,
problem is more widespread (document included). Perhaps the
and economics coexist in harmony for the benefit of the
Common
community, municipalities, and Investor
Council should exercise oversight and look into this whole
REFERRED TO THE COMMITTEE ON FINANCE
issue of the treatment by the D.P.W. of residential streets.
If the administration of the City Of Buffalo thinks it is more
PETITIONS
important to allow nonresidents to "zip" through residential
areas than to address the needs of the tax paying, community
NO. 67
building, concerned residents, perhaps we should all move to
M. ROMANOWSKI, ESQ. AGENT, USE 333 AMHERST,
the suburbs so that the city will give us better treatment.
CONSTRUCT AN ACCESSORY FUELING FACILITY ( HRG
Recently, I have seen the statement, " If we listened to the
REQ) (1/18/05)
residents, we would have a stop sign at every corner". I say," If
REFERRED TO THE COMMITTEE ON LEGISLATION, THE
this is what's necessary to give the tax paying residents a
CITY PLANN1NG BOARDAND THE CORPORATION
decent quality of life on their own streets, what's wrong with
COUNSEL
JN ADAMS EMPIRE STATE DEVELOPMENT CORP AS
REGULAR COMMITTEES LEAD AGENCY(CC)
CIVIL SERVICE (CCP# 28, 12/28)
(BONNIE E. RUSSELL, CHAIRPERSON) That the above item be and the same hereby is Received and
Filed
NO.68 ADOPTED
APPT ASSISTANT AUDITOR (PERM)(INTER)(COMPT)
(ITEM NO. 9-C.C.P. DEC 28, 2004) NO. 76
That Communication 9, Dec 28, 2004 be received and filed and JN ADAMS PROPERTY REDEVELOPMENT PROJECT
INVITATION TO BID(CC)
ADOPTED
(CCP# 29, 12/28)
That the above item be and the same hereby is Received and
the permanent appointment of Frank Barrile of 1013 Tift St,
Filed
Buffalo, NY 14220 Stated above at the Intermediate salary of
ADOPTED
$33,715 effective on December 21, 2004 is hereby approved.
NO. 77
PASSED
T. MCGOWEN-SALE OF JN ADAMS HOSPITAL,
AYES - 9 NOES - 0
PERRYSBURG NY
(CCP# 53, 12/28)
NO. 69
That the above item be and the same hereby is Received and
APPT LIEUTENANT (CONT PERM)(COMPT)
Filed
(CCP#27 ,DEC 28)
ADOPTED
That the above Appointment of Wayne Pohle of 9320
Tonawanda St, Clarence Center, NY at the flat salary of
NO. 78
$59,134 be and the same hereby is Received and Filed
T. THRATHEN-PURCHASE JN ADAMS HOSPITAL,
ADOPTED
PERRYSBURG NY(CC)
(CCP#86,12/28)
NO. 70
That the above item be and the same hereby is Received and
APPT PARKING ENFORCEMENT OFFICER
Filed
(PERM)(INTER)(A&F) (C.C.P # 34, DEC 28, 2004)
ADOPTED
That the Permanent Appointment of Ricky Donovan, of 329
North Ogden St, Buffalo, NY 14206 at the Intermediate Salary
NO. 79
of $26,504 be the same and is approved.
JN ADAM DEV CENTER PERRYSBURG(CC)
PASSED
(#87,12/28)(#26,10/05)(#75,11/3)(#79,11/30)
AYES - 9 NOES - 0
That the above item be and the same hereby is Received and
Filed- "
NO. 71
ADOPTED
NOTICES OF APPOINTMENTS TEMP/PROV/PERM CCLK
(CCP# 39, 12/28)
NO. 80
That the above item be and the same hereby is Received and
PURCHASING AND PROCUREMENT POLICY(SEWER)
Filed
(CCP# 35, 12/28)
ADOPTED
That the above item be and the same hereby is Received and
NO. 72
Filed
APPT CLERK PROVISIONAL (INTER)(PW)
ADOPTED
(C.C.P # 20, DEC 14, 2004)
NO. 81
That the Provisional Appointment of April A. Tomezak of 69
TRANSFER OF TITLE, URBAN HOMESTEAD - 228
Lockwood Ave, Buffalo NY 14220 at the Intermediate Salary of
MULBERRY STREET
$26,499 be the same and is approved.
(ITEM NO. 18, C.C.P., NOV. 3, 2004)
PASSED
(ITEM NO. 78, C.C.P., DEC. 28, 2004)
AYES - 9 NOES – 0
That the city-owned property commonly known as 228 Mulberry
Street, is hereby designated as Homestead Property, and that
FINANCE
the Mayor be, and he hereby is authorized to execute a deed
(BRIAN C. DAVIS, CHAIRMAN)
transferring said property to Mr. Brian K. Wilson and Mrs.
Denise Wilson, residing at 222 Mulberry Street, for the amount
NO. 73
of One Dollar ($1.00) and no more, and all costs of transfer, on
AUTHORIZED BUT UNISSUED BONDS(COMPT)
the condition the property is cleaned and improved within six
(CCP# 7, 12/28)
(6) months and maintained in a sanitary manner.
That the above item be and the same hereby is Received and
PASSED
Filed
AYES - 9 NOES – 0
ADOPTED
NO. 82
NO. 74
B. DAVIS BUFFALO SEWER AUTHORITY RATES FOR
DRUG ASSET FORFEITURE CHECKS RECEIVED
VAR LEGAL COUNSEL
(CCP# 23, 12/28)
(CCP# 44, 12/28)
That the above item be and the same hereby is Received and
That the above item be and the same hereby is Received and
Filed
Filed
ADOPTED
ADOPTED
NO. 83
NO. 75
Common Council without recommendation.
Mr. Davis made a motion to recommit said item seconded by
A. SANFILIPPO-RESP HANDLING OF DRUG ASSET FORF
Mr. Fontana
FUNDS
AYES –DAVIS, FONTANA, GOLOMBEK, THOMPSON – 4
(CCP# 68, 12/14)
NOES - BONIFACIO, COPPOLA, FRANCZYK, GRIFFIN,
That the above item be and the same hereby is Received and
RUSSELL - 5
Filed
lost
ADOPTED
Mr. Fontana moved:
NO. 84
That the transfer of the City of Buffalo’s reversionary interest in
ST
WATER BOARD APPTS (EXC 1RES)
the JN Adam Development Center is hereby denied.
(CCP# 139, 04/13)
Seconded by Mrs. Russell
That the above item be and the same hereby is Received and
DENIED
Filed
AYES – BONIFACIO, FONTANA, FRANCZYK, GOLOMBEK,
ADOPTED
GRIFFIN - 5 NOES – COPPOLA, DAVIS, RUSSELL,
NO. 85 THOMPSON - 4
C. RUSSELL-IRON ISLAND SECURITY HOT SPOTS
PROJECT NO 91
(CCP# 67, 12/14) D. FRANCZYK-R. LEFEEBER-DISPOSAL JN ADAM DEV
That the above item be and the same hereby is Received and CENTER PERRYSBURG NY
Filed (CCP# 55, 12/14)
ADOPTED That the above item be and the same hereby is Received and
Filed
NO. 86 ADOPTED
COB POLICE DEPT REQ INFO RE VEHICLE
PURCHASES(POL) NO. 92
(CCP# 32, 11/3) J. MANCUSO-OFFER TO PURCHASE PERRYSBURG 649-
That the above item be and the same hereby is Received and LIST OF PROPOSALS
Filed (CCP# 64, 12/14)
ADOPTED That the above item be and the same hereby is Received and
Filed
NO. 87 ADOPTED
CITY OF BUFFALO POLICE DEPT REQUEST FOR
VEHICLES IDENTIFIED FOR FUTURE AUCTIONS(POL) NO. 93
(CCP# 22, 12/14) REFUNDING BOND RESOLUTION - $145,000,000 BONDS
That the above item be and the same hereby is Received and (ITEM NO. 137, C.C.P., NOV. 30, 2004)
Filed That the Comptroller is hereby authorized to refund bond
ADOPTED resolutions of the City of Buffalo, amending the refunding bond
resolution adopted February 14, 2001, to provide for a revised
NO. 88 plan of refunding and authorizing the refunding of all or a
PURCHASE OF VEHICLES - FIRE DEPARTMENT portion of additional various outstanding bonds of 1991, 93, 94,
(ITEM NO. 25, C.C.P., DEC. 14, 2004) 95, 97, 98, 99, 2001 and 2002, as more fully described in the
That the above item be, and the same hereby is returned to the above communication.
Common Council without recommendation. PASSED
Mr. Davis moved: AYES - 9 NOES - 0
That the Commissioner of Fire and the Director of Purchase be
and they hereby are authorized to purchase eight (8) to nine (9) LEGISLATION
vehicles utilizing grant monies received from the Urban Area (RICHARD A. FONTANA, CHAIRMAN)
Security Initiative to be used by the Buffalo Fire Department. NO. 94
PASSED BROADWAY MARKET-981 BROADWAY POLE SIGN W/IN
AYES – COPPOLA, DAVIS, FONTANA, FRANCZYK, ROW(FILL)(PW)(# 13,10/19)
THOMPSON - 5 NOES – BONIFACIO, GOLOMBEK, (CCP# 107,12/28)
GRIFFIN, RUSSELL – 4 That the above item be and the same hereby is Received and
Filed
NO. 89 ADOPTED
BSA SINGLE SOURCE & SOLE SOURCE CONTRACTS
AUDIT(COMPT) NO. 95
(CCP# 8, 11/16) RE-APPOINTMENT MEMBERS TO THE CITY PLANNING
That the above item be and the same hereby is Received and BOARD
Filed (ITEM NO. 2, C.C.P., DEC. 28, 2004)
ADOPTED That the re-appointment of Susan Curran Hoyt, residing at 21
St. Andrew's Walk; Henry L. Bums, residing at 47 Beard
NO. 90 Avenue; and Horace A. Gioia, residing at 259 Middlesex Road,
J. N. ADAM DEVELOPMENT CENTER, PERRYSBURG, as members to the City Planning Board for a term commencing
NEW YORK (LAW) immediately and expiring October 9, 2007 be, and hereby is
(ITEM NO. 26, 11/30/2004) approved.
That the above item be, and the same hereby is, returned to the PASSED
AYES - 9 NOES - 0 PASSED
NO. 96 ORDINANCE AMENDMENT - CHAPTER 175, FEES
FEASIBILITY OF MERGING THE BMHA PUBLIC SAFETY (DEMOLITION AND ASBESTOS)
DEPT WITH THE POLICE DEPT(CC) (ITEM NO. 123, C.C.P., DEC. 28, 2004)
(CCP#30,12/28) That after the public hearing before the Committee on
That the above item be and the same hereby is Received and Legislation on January 4, 2005, the Ordinance Amendment as
Filed contained in Item No. 123, C.C.P., December 28, 2004, be and
ADOPTED the same hereby is approved.
PASSED
NO. 97 AYES - 9 NOES - 0
B. DAVIS-SUGGEST TO PW USING A GREEN CAN FOR
LEAF CLEANUP NO. 104
(CCP#45,12/28) MAKE THE POSITION OF EXEC DIRECTOR OF
That the above item be and the same hereby is Received and STRATEGIC PLANNING A COMM LEVEL APPT
RD
Filed (3 RES)
ADOPTED (CCP# 161,12/14)
That the above item be and the same hereby is Received and
NO. 98 Filed
J. GOLOMBEK-ARTICLE AIRPORTS IMPOSING/RAISING ADOPTED
FEES ON LIMOUSINES
(CCP#48,12/28) NO. 105
That the above item be and the same hereby is Received and TRAIL BLAZER SIGNS FOR HENRY "HANK" SEVILLIAN -
Filed FOX STREET
ADOPTED (ITEM NO. 136, C.C.P., NOV. 16, 2004) (ITEM NO. 121,
C.C.P., DEC. 14, 2004)
NO. 99 That the Commissioner of Public Works, Parks & Streets be,
LOCAL LAW INTRO. NO. 17 (2004) OFFICE OF and he hereby is authorized to install trailblazing signs beneath
STRATEGIC PLANNING COMMISSIONER the existing street signs on Fox Street from Broadway to
(ITEM NO. 116, C.C.P., DEC. 28, 2004) Sycamore proclaiming that portion as "Mr. Henry "Hank"
That the above item be, and the same hereby is, returned to the Sevillian."
Common Council without recommendation. PASSED
Mr. Fontana moved: AYES - 9 - NOES - 0
Mr. Fontana moved that the above item be recommitted to the
Committee on LegislationNO. 106
ADOPTED. L. MCFARLAND, PETITION TO USE 2028 NIAGARA
STREET - AUTO REPAIR AND USED CAR SALES
NO. 100 (ITEM NO. 66, C.C.P., NOV. 3, 2004)
LOCAL LAW INTRO. NO. 18 (2004) TAXES AND That after the public hearing before the Committee on
ASSESSMENT, REAL PROPERTY TAX EXEMPTIONS Legislation on January 4, 2005, the petition of Larry McFarland,
(ITEM NO. 117, C.C.P., DEC. 28, 2004) agent, for permission to use a 1 story masonry building at 2028
That the above item be, and the same hereby is, returned to the Niagara Street for a auto repair and used car sales be, and
Common Council without recommendation. hereby is approved on conditions determined by the Zoning
Mr. Fontana moved: Board of Appeals.
That after the public hearing before the Committee on PASSED
Legislation on AYES - 9 NOES - 0
January 4, 2005, the Local Law as contained in Item No. 117,
C.C.P., NO. 107
December 28, 2004, be and the same hereby is approved. BOARD OF ASSESSMENT REVIEW APPT PERMANENT
Passed. MEMBERS (ASSESS)(ZIELINSKI & HERNDON ONLY)
AYES - 9 NOES - 0 (CCP# 114,11/30)
That the above item be and the same hereby is Received and
NO. 101 Filed
LOCAL LAW INTRO. NO. 16 (2004) OFFICE OF ADOPTED
HOMELAND SECURITY/EMERGENCY MANAGEMENT
(ITEM NO. 121, C.C.P., DEC. 28, 2004) COMMUNITY DEVELOPMENT
Mr. Fontana moved that the above item be recommitted to the (JOSEPH GOLOMBEK JR., CHAIRMAN)
Committee on Legislation
ADOPTED NO. 108
DELAWARE ASBURY CHURCH REDEVLOPMENT
NO. 102 PROJECT -339-341 & 335 DELAWARE AVENUE
ORDINANCE AMENDMENT - CHAPTER 414-3 (SPECIAL (ITEM NO. 120, C.C.P., DEC. 28, 2004)
EVENTS) That the above item be, and the same hereby is returned to the
(ITEM NO. 118, C.C.P., DEC. 28, 2004) Common Council without recommendation.
Mr. Fontana moved that the above item be recommitted to the Mr. Golombek moved:
Committee on Legislation That the document review requirement under Item No. 112,
ADOPTED C.C.P. 4/29/03 has
been satisfied.
NO. 103 That the amendments to the LDA as requested are hereby
approved as amended N. BREGON HUD FUNDED PROGRAMS ADDRESSED TO
Delaware Asbury Church Redevelopment Preservation Project MAYOR
Sale of Land at 339-341 and 345 Delaware Avenue (Strat. (CCP#48,10/05)
Plan.) (Item No. 6, Dec. 28, 2004) That the above item be and the same hereby is Received and
C.C.P.,
Filed
That the above item be, and the same hereby is returned to the
ADOPTED
Common Council without recommendation.
A Public hearing has been set before the Common Council at
NO. 115
this regularly scheduled meeting, on the above item, and a
J. GOLOMBEK-STATUS OF H.U.D. HOME FUNDING
notice of same has been published in the Buffalo News, a copy
(CCP#57,11/16)
of which is attached hereto.
That the above item be and the same hereby is Received and
On a motion by Mr. Coppola seconded by Mr. Golombek the
Filed
item is properly before the Common Council and the hearing is
ADOPTED
opened
CARRIED
NO. 116
Appearances
S. WEST BMHA FISCAL ISSUES(BMHA) (CCP#33,11/30)
Scott Fisher, Mike Clark, Tim Wanamaker, Ms Chris, Scott
That the above item be and the same hereby is Received and
Field, Ed Cardoni, Kathryn Linder-Spencer
Filed
Mr. Golombek now moved that the hearing be closed seconded
ADOPTED
by Mr. Davis
CARRIED
NO. 117
PASSED
SECOND QUARTER REPORT YEAR V30 CD BLOCK
AYES – BONIFACIO, COPPOLA, DAVIS, FONTANA,
GRANT SERVICES AUG THRU SEPT
FRANCZYK, GOLOMBEK, RUSSELL, THOMPSON - 8
(CCP#32,11/30)
NOES – GRIFFIN – 1
That the above item be and the same hereby is Received and
Filed
NO. 109
ADOPTED
DELAWARE ASBURY CHURCH REDEVELOPMENT
PRESERVATION PROJECT SALE OF LAND AT 339-341
NO. 118
AND 345 DELAWARE AVENUE (STRAT PLAN)
FORBES MAGAZINE ARTICLE-THE TROLL UNDER THE
(ITEM NO 6 CCP DEC 28 2004
BRIDGE
That the above item be and the same hereby is returned to the
(CCP#50,11/30)
Common Council without recommendation
That the above item be and the same hereby is Received and
Mr Golombek moved
Filed
That the above item be the same is hereby received and filed
ADOPTED
ADOPTED
RESOLUTIONS
NO. 110
D. BONIFACIO-R. ARNOLD-SHARED BORDER MNGT-
NO. 119
PEACE BRIDGE EXP PROJECT
SPONSOR: MR. COPPOLA, MR. FONTANA , MR.
(CCP#40,12/28)
BONIFACIO
That the above item be and the same hereby is Received and
SUPPORT FOR JOE MESI
Filed
Whereas Joe Mesi has brought tremendous recognition to
ADOPTED
Buffalo by virtue of his boxing exploits; and
Whereas Joe Mesi is undefeated in the heavyweight boxing
NO. 111
division, compiling a record of 29-0; and
D. BONIFACIO-SEHUMER-SHARED BORDER MNGT-
Whereas Joe Mesi has performed endless work for local
PEACE BRIDGE EXP PROJECT
community causes and charities; and
(CCP#42,12/28)
Whereas Joe Mesi has been suspended by the Nevada State
That the above item be and the same hereby is Received and
Athletic Commission for an injury suffered last March; and
Filed
Whereas Joe Mesi says he has strong medical evidence that
ADOPTED
he suffers no residual damage from his injury; and
Whereas Joe Mesi wishes to resume his boxing career and
NO. 112
bring a world championship home to Buffalo and Western New
D. BONIFACIO-SUPPORT-SHARED BORDER MNGT-
York.
PEACE BRIDGE EXP PROJECT
Now Therefore Be It Resolved:
(CCP#43,12/28)
That this Common Council supports a fair hearing for Joe Mesi
That the above item be and the same hereby is Received and
before Nevada authorities as he seeks to have his suspension
Filed
lifted; and
ADOPTED
Be It Further Resolved:
Joe Mesi has been a true hometown hero, and we support his
NO. 113
efforts, if it is determined that he is healthy, to resume his
THE CITY'S ALLEGED MISMANAGEMENT OF H.U.D.
career and continue his pursuit of a world title.
FUNDS
(CCP# 284,7/20) Be it finally resolved that the City Clerk be directed to
That the above item be and the same hereby is Received and
send certified copies to Mark Rutner, Commissioner of the
Filed
Nevada State Athletic Commission, The new York State
ADOPTED
Athletic Commission, Keith Kizer, Deputy Attorney
General Nevada State Attorney General office, Nevada
NO. 114
NO. 122
State Athletic Commission
BY: MR. DAVIS
ADOPTED
TRANSFER OF FUNDS
COMMON COUNCIL- LEGISLATIVE
NO. 120
That pursuant to §20-12 of the Charter and the Certificate of
BY: MR. COPPOLA & MR. BONIFACIO
the Mayor and the Comptroller submitted to the Common
RE: ORDINANCE AMENDMENT
Council, the sum of $8,746 be and the same is hereby
CHAPTER 264, RENTAL DWELLING UNIT REGISTRATION
transferred within Common Council Legislative and said sum is
THE COMMON COUNCIL OF THE CITY OF BUFFALO
hereby reappropriated as set forth below:
DOES HEREBY ORDAIN AS FOLLOWS:
Common Council
That Chapter 264 of the Code of the City of Buffalo be
Legislative Personal Services
amended to read as follows:
10103001 - 411001 Annual Salaries $8,746
264-3 Rental dwelling unit registration required;
Common Council Legislative
exemptions.
10102001- 412002 Hourly Salary $8,746
A. Registration required. No person shall allow to be occupied,
PASSED
or rent to another for occupancy, any dwelling unit unless the
AYES - 9 NOES - 0
owner has first obtained a rental dwelling unit registration
certificate as hereafter provided.
NO. 123
B. Exemptions. The provisions of this chapter shall not apply
BY MR. FONTANA
to owner-occupied [buildings] ~ containing two or fewer
HOLD ADELPHIA RENEWAL HEARING
dwelling units; hotels; motels; bed-and-breakfast
Whereas: The City of Buffalo entered into a 10-year
establishments; rooming or boarding houses; hospitals;
franchise agreement with TCI in
nursing homes; or other dwelling units which offer or provide
December 1995; that agreement was amended and transferred
medical or nursing services if such units are subject to state or
to Adelphia in 1998; and
federal licensing or regulations concerning the safety of the
Whereas: Adelphia Cable has requested that the City of
users, patients or tenants. The provisions of this chapter shall
Buffalo renew its cable franchise, which expires at the end of
not apply to buildings having an existing and valid certificate of
2005; and
occupancy.
Whereas: As part of the renewal process the City initiated a
It is hereby certified, pursuant to Section 3-19 of the Charter of
community cable-related needs ascertainment and a review of
the City of Buffalo, that the immediate passage of the foregoing
the past performance of the cable company, as required under
ordinance is necessary.
New York State law; and
APPROVED AS TO FORM
Whereas: An important of this review is public input, which the
Corporation Counsel
City has attempted to obtain through surveys and focus groups;
Matter in brackets to be deleted, matter underlined is new.
and
PASSED
Whereas: It is also desirable to hold a public hearing in order to
AYES - 9 NOES - 0
afford the public an opportunity to comment on the past
performance of Adelphia, as well as what cable subscribers
NO. 121
would like to see in the future;
MR. COPPOLA
Therefore be it resolved:
LOCAL LAW # 18, REQ PLAN TO NOTIFY RESIDENTS
That the Legislation Committee of the Common Council hold a
Whereas The Common Council adopted a Resolution
public hearing on the proposed renewal of the cable franchise
sponsoring the creation of a Local Law for the City of Buffalo to
on Wednesday, January 12, 2005 at 5:00 PM in the Council
give assessment rebates on home improvements; and
Chambers; and
Whereas The City of Buffalo Department of Law has
Be it further resolved:
introduced Local Law No. 18, which amends the Charter of the
That the public input provided at the cable franchise renewal
City of Buffalo in relation Article 28 Taxes and Assessment,
hearing be incorporated into the City's Needs Assessment
Real Property Tax Exemptions; and
Report.
Whereas This Local Law authorizes the City of Buffalo to grant
ADOPT Ist 2nD TO THE COMMITTEE ON LEGISLATION
partial exemptions from real property taxation of the increase of
the assessed value of the City of Buffalo properties attributable
NO. 124
to reconstruction, alterations, or improvements made to
MR. FONTANA
residential property.
ORDINANCE AMENDMENT
Now Therefore Be It Resolved:
CHAPTER 81 - AUCTIONS AND AUCTIONEERS
Whereas That this Common Council requests that the
The Common Council of the City of Buffalo does hereby ordain
Commissioner of Assessment and Taxation file by January 20,
as follows: That the Code of the City of Buffalo be amended to
2005, with the City Clerk the department's plan to notify
read as follows:
residents citywide of the new local law and their opportunity to
§ 81-1. Definitions.
use this exemption; and
Where used in this chapter, the following terms and words
Be It Further Resolved:
shall have the meaning and effect as follows:
The Commissioner of Assessment and Taxation also file a
AUCTIONEER -- Includes any person conducting a sale by
copy of
public auction of personal property or real property of his own
the application that will be used to apply for this
or as an agent for another.
exemption and
ASSOCIATE AUCTIONEER - Every person, licensed as an
notify this Common Council where applications will
auctioneer, may designate employees who may be authorized
be available.
by him to conduct auctions. Notice containing the names of the
Be it Finally resolved that the remainder of this resolution be
employees so designated must be given to the Director of
referred to the Finance Committee for further consideration
Licenses for the Department of Permit and Inspection
nd
1st and 2 ADOPTED 3rd TO FINANCE
Services, and an employee's license shall be issued on the
payment of the prescribed fee. An associate Auctioneer's
License may be and of the ordinances of the City of Buffalo then in effect or
employed under the direct supervision of a licensed auctioneer, thereafter enacted, for the performance of all duties, the
and has not been convicted of a felony. rendition of all accounts and the payment of all moneys
PROPERTY -- Includes all goods, wares, merchandise, required of him by law to be paid and also conditioned for the
commodities, compounds, things, chattels, jewelry and all other payment to any person who shall be defrauded or suffer loss by
property of whatsoever form or nature, but does not include reason of the violation by such auctioneer of any of the
chooses in action or real property. provisions of this chapter. Such bond shall be approved as
PUBLIC AUCTION -- Includes any public offer to sell personal provided by ordinance.
property or real property to the highest bidder or to the person § 81-5. Issuance of license.
offering to pay the highest price therefore, and [shall be without Upon the Director of Licenses and Permits being satisfied of
qualifications or reservations] without any reservation, unless, the good character, competency and integrity of the applicant
at the time of the offer of each article or parcel and before any and upon proof of the payment of the license fee, he shall issue
bids are asked thereon, a minimum price therefore is publicly to the applicant an auctioneer's license, authorizing him to
stated. conduct auction sales in the City of Buffalo as provided by law
REAL PROPERTY -- The land, together with the and by this chapter.
improvements thereon and attached thereto. § 81-6. Inventory of property to be
SELL AT PUBLIC AUCTION -- Shall not include judicial sales, sold.
sales by public officers in the manner prescribed by law, sales A. At least [five (5)] three (3) business days before any
pursuant to statute to satisfy any lien on the property sold, auction sale is held, the auctioneer shall file or cause to be filed
resales, pursuant to statutes, of property retaken under a a statement in typewriting or other print with the Director of
conditional sales contract, sales of horses, cattle or other live Licenses and Permits, giving the name and address of the
animals or sales of personal property at any public convention owner of the property proposed to be sold, the street and
in regular session in the City of Buffalo at the place or places number where the property is located[,] -. [the place or places,
where the convention is being held. if any, where the owner has conducted business, if any, during
§ 81-2. Conduct by licensed auctioneer required. one (1) year next preceding the filing of such statement, the
No sale at public auction of any personal or real property, as date of opening and probable duration of the proposed sale,
defined in this chapter, shall be held within the City of Buffalo the] The place where the sale is to be conducted, the times
unless such sale is directly conducted by an auctioneer &operation, the reasons why an auction sale is desired, the
licensed pursuant to the provisions of this chapter. name and address of the auctioneer who will conduct the
§ 81-3. Application for auctioneer's license. auction sale [also] Also an itemized inventory of the property to
A. Every applicant for a license pursuant to this chapter shall be offered for sale, specifying as to each item the quantity,
present to the Director of Licenses and Permits a written quality, kind and grade and the material of which it is
application signed and duly verified by him, stating his full composed, with a distinctive number for each item. This
name, age, residence by street, number and place and present itemized inventory statement must be filed with the City of
occupation; that he is a citizen of the United States and a Buffalo at least three (3) business days before any auction sale
resident of the State of New York; the place where he intends it held, and shall be kept on file with the City of Buffalo for at
to conduct the business of auctioneer in the City of Buffalo; his least one (I) yeor.
qualifications, including education and business engaged in B. If the property to be sold consists of a stock of goods in
during the past five (5) years, giving location, kind and extent; trade, in whole or in part, of a person, firm or corporation
where and when he was previously licensed as an auctioneer; engaged in the wholesale or retail sale thereof, immediately
whether any previous license as an auctioneer was canceled preceding the time of the filing of the inventory, there shall be
for cause; and such further facts as may be required by the attached to the inventory a complete statement, including the
Director of Licenses and Permits to show the good character, name of such person so engaged, the location by place, street
competency and integrity of the applicant. and number where so engaged, the length of time so engaged
B. [Such applications shall be approved by not fewer than five and that each and every article contained in the aforesaid
(5) reputable citizens of the City of Buffalo or of the place of inventory is a part of the stock of goods of said person and has
residence of the applicant, each of whom shall certify that he been a part of the stock of goods of said person for a period of
has personally known the applicant for a period of at least five at least ninety (90) days prior to the date of the filing of the said
(5) years prior to the filing of the application; that he has read inventory and that no property purchased, procured or placed in
such application and believes each of the statements therein to stock specially for such public auction sale is included therein.
be true; that such person is honest, of good character and If the property to be sold is real property, the inventory shall
competent to conduct the business or calling of auctioneer; and briefly describe the same, so as to identify its dimensions, the
that such person is not related to or connected with the person improvements thereon and the location thereof.
so certifying. The certificate of approval shall be signed by C. If such property consists of the household furniture of a
such persons and duly verified and acknowledged by them householder or the fixtures and equipment of a business, the
before an officer authorized to take oaths and inventory shall be accompanied by a statement that each article
acknowledgements of deeds.] was a part of the household goods of the householder (naming
Such applications shall not be granted to any person, him) or, in the case of fixtures and equipment, was a part of the
corporation or entity convicted of -any felony, or any fixtures and equipment of the person (naming him) for at least
misdemeanor or violation offense relating to the theft or receipt ninety (90) days prior to the date of sale; provided, however,
of stolen property, or fraud of any sort, or any series of that the aforesaid required statement shall not apply to any
convictions for petit larceny that would indicate a pattern of person who in good faith has purchased at a judicial sale or
disregard for laws related to personal property. public auction sale in bulk the fixtures, machinery and/or
81-4 Bond equipment of any business and thereafter in good faith desires
The applicant shall also present to the Director of Licenses and to resell the same at public auction within thirty (30) days
Permits with his application for such license a bond to the City thereof.
of Buffalo executed by a duly authorized surety company, in the D. Such statement and inventory must be signed by the
penal sum of five thousand dollars ($5,000.), conditioned for auctioneer who is to conduct the sale and verified by him to the
the faithful observance of the laws of the State of New York effect that it is to the best of his knowledge, information and
belief true. Such statement and inventory shall also be signed consists of a stock-in-trade of a person continuously engaged
by the owner of said property and shall be verified by him by in the City of Buffalo in dealing in such goods, wares and
affidavit, stating that said inventory is true and correct in all merchandise at wholesale or retail for a period of at least one
particulars. (1) year immediately preceding the time of the commencement
§ 81-7. Authorization to conduct sale; posting of of such sale, and at such sale no property shall be inventoried
inventory. as proposed to be sold or sold other than property which
Upon the receipt and approval by him of the inventory required constitutes such stock-in-trade of such person.
by the preceding section, the Director of Licenses and Permits § 81-12. Report of sale.
shall issue to the auctioneer therein named an authorization to Within ten (10) days after the conclusion of such auction sale,
conduct the sale. A copy of the itemized inventory of the the auctioneer shall file or cause to be flied with the Director of
property to be offered for sale filed with the Director of Licenses Licenses and Permits a report which shall consist of a copy of
and Permits shall be posted in a conspicuous place on the said inventory with a list of the articles sold and a statement
premises where the sale is conducted, available for that no other articles were sold during said sale superimposed
examination by the bidder. thereon, which report shall be subscribed by said auctioneer
§ 81-8. Articles to be tagged or labeled. and verified by his oath before an officer authorized to take
In addition to the records required to be kept by § § 25 and 26 oaths in the County of Erie and shall be kept on file by the
of the General Business Law, the auctioneer shall attach or Director of Licenses and Permits and open for public
cause to be attached securely to each article to be offered for inspection.
sale a tag or label upon which shall be plainly written or printed § 81-13. Hours and period of sale.
in the English language a true and correct statement of the kind A. Sale at public auction shall be held only between the hours
and quality of the material or substance of which such article is of 8:00 a.m. and 11:00 p.m., Buffalo time, and at no time within
made or composed and the distinctive number of such article the hours beginning at 11:00 p.m. and ending at 8:00 a.m.,
on the itemized inventory and appraisal filed with the Director of Buffalo time.
Licenses and Permits. If said article is one of those commonly B. An auction sale shall be held on successive days,
classed as "jewelry" or articles commonly carried by persons Sundays and legal holidays accepted, and shall not continue
engaged in the jewelry business, the tag shall state the for a period longer than sixty (60) days.
percentage or carat of purity of such material; in case the § 81-14. General restrictions.
articles are plated or overlaid, a true statement of the kind of No auctioneer shall:
plate and the percentage of purity thereof and the kind of A. Make any false representations as to the character, quality,
material or metal under the plating; if the article is one condition, value or ownership of any property offered for sale or
commonly known as "precious, semiprecious, synthetic or falsely represent that such property is in whole or in part
imitation stones," the true names, weight, quality and color of bankrupt or insolvent stock or damaged goods or goods saved
said stones; if watches or clocks, the true name of the from
manufacturers, the number of jewels and adjustments and the fire.
county of manufacture; and if any of such articles or parts B. Substitute any other article for the article sold to a bidder.
thereof are used or secondhand, the length of time the same C. Bid in or withdraw from sale any article after receiving a
has been in use and in a conspicuous place on said tag the second bid therefore or receive any bid from a person not a
word "secondhand" or "used." Said tag in each and every case bona fide bidder at such sale or any person acting as a capper,
shall remain upon the article and be delivered with the article to booster or shiller. An article may be withdrawn from sale if the
the purchaser. Auction Houses shall provide reasonable item is in reserve and does not meet the reserve.
descriptions of the property to be auctioned, and must disclose D. Employ or permit to be employed any bellman,
special knowledge of any items. crier, instrument of music or means of attracting the
§ 81-9. Sale to highest bidder except where minimum bid attention of passersby other than a sign or flag.
stipulated. E. Conduct a sale where entertainment for the prospective
When any article or combination of articles is offered for sale at bidders is provided on the premises where the sale is
public auction, [unless the auctioneer states a minimum price conducted.
therefore before any bid or offer is asked, the article or F. Offer for sale or sell any article of property not included in
combination of articles shall be sold to the person whose bid or the inventory filed as provided in § 81-6 of this chapter.
offer is the highest offered if there is more than one (1) bid or G. Open or conduct any public auction sale until all the
offer therefore.], the article or combination of articles shall be provisions of this chapter have been complied with and an
sold to the person with the highest offered bid, if there is more authorization for such sale obtained.
than one bid or offer, unless a pre-determined minimum or H. If the property to be sold is, in whole or in part, a stock of
reserve price has been set. Such minimum or reserve price goods in trade of a merchant in business or who has been in
must be announced prior to the commencement of the bidding business, wholesale or retail, [conduct a public auction thereof
process. except at the place where such business was or is conducted,
§ 81-10. Auction sale to be exclusive. nor shall he include in such sale any property purchased
A. During the time when and while such auction sale is being specially for such sale.] an auctioneer may transport said
conducted, no sales of any property, whether or not it be a part property to a location approved by the Director of Licenses for
of the inventoried property, shall be permitted within the same the purpose of conducting said auction.
room or in any room opening there from by private sale or [I. Conduct a sale at public auction of property, which
otherwise than by public auction sale. consists in part or in whole of a stock-in-trade of a merchant,
B. No property not included in the inventory filed as herein unless such merchant has been in such business continuously
before required shall be sold or offered for sale at public in Buffalo for a period of at least one (1) year.]
auction or prior sale during the time that such auction sale is § 81-15. Term of license.
being conducted in the same room or in a room opening there Each license issued pursuant to this chapter shall expire on the
from. first day of June next succeeding its issue.
§ 81-11. Restrictions on sale of stock of goods. § 81-16. License ~e.
A stock of goods, wares and merchandise shall not be offered The fee for such license shall be as provided in Chapter 175,
for sale as such by public auction, except where the same Fees, and shall be paid by the applicant before the issuance of
the license. Freeman and Freeman Land Surveyors, July 28,
§ 81-17. Revocation of license or authorization. 2003.
A. The Director of Licenses and Permits may revoke any 2. Easement on the east and west side of Peck Hill
license or authorization to conduct a sale, issued pursuant to Road as contained on the attached
the provisions of this chapter, if he shall have cause to believe easements noted on the map as filed with the City
that the holder of such license or authorization to conduct a Clerk.
sale is violating and statute of the State of New York relative to 3. An easement of 40' wide centered on the actual
auctions and auctioneers or any provision of this chapter. A water line location (20' on either
conviction by a court of competent jurisdiction of such offense side) as identified in yellow on the map as filed with
or recovery upon a bond pursuant to the provisions of this the City Clerk.
chapter shall be conclusive evidence of such violation. 4. An easement of 30' wide centered on the actual
B. The Director of Licenses and Permits may, upon the waterline location (15' on either
complaint of any person, cause notice to be served upon the side) as identified in yellow on the map as filed with
holder of such license or holder of authorization to conduct a the City Clerk.
sale, specifying the grounds of complaint or reason assigned REFERRED TO THE COMMITTEE ON FINANCE
for the revocation of such license or authorization to conduct a
sale, which notice shall fix a time and place, not less than three NO. 127
(3) days after the service of such notice, at which said Director BY SPONSOR: MR. GOLOMBEK
of Licenses and Permits shall hear the evidence of the person CO-SPONSORS: MR. BONIFACIO, MR. DAVIS,
making such complaint and such other evidence as may be RECYCLED MATERIALS BECOMING FAR MORE
presented to him or be in his possession; and the holder of PROFITABLE
such license or the holder of such authorization to conduct a Whereas A recent news article in the State of Iowa
sale shall have an opportunity to be heard in his own defense. If documented that the prices paid for recycled materials are at a
the Director of Licenses and Permits shall believe that 10-year high, with buyers as far away as China; and
sufficient grounds therefore exist, he shall revoke such license Whereas For example, old newspapers are now selling for $90
or such authorization to conduct a sale. or more a ton, a price not seen since 1995; and
APPROVED AS TO FORM Whereas A few years ago the Metro Waste Authority in Des
Michael B. Risman Moines, Iowa had to pay processors to take some materials.
Corporation Counsel Whereas: The BTF previously worked with UNICEF to raise
Matter in brackets to be deleted. Matter underlined is new. thousands of dollars and collect supplies for children in
REFERRED TO THE COMMITTEE ON LEGISLATION Kosovo, Rwanda, and Afghanistan; and
Whereas: Teachers and others, who wish, will be asked to
NO. 125 "reach deep" and send their checks to the BTF. Checks should
BY: MR. FONTANA be made payable to the U.S. fund for the UNICEF Tsunami
RE: DISCHARGE FROM THE LEGISLATION COMMITTEE Relief; and
NO. 72, CCP DEC 14, 2004 – Whereas: According to Buffalo Teacher's Federation
"C. JENSON-USE 447 BEARD USE OF A President, Phil Rumore, the BTF is also asking residents of the
TELECOMMUNICATION TOWER(UNIV)(HRG ! 2/21)" City of Buffalo, County of Erie, and Western New York region
Whereas No. 72, CCP Dec 14, 2004 - "C. Jenson-Use 447 to join Mayor Anthony Masiello and Interim Superintendent
Beard Use of A Telecommunication Tower(Univ)(hrg 12/21)" is Yvonne Hargrave in observing two minutes of silence at 9:00
presently before the Committee on Legislation; and a.m. on January 14, 2005 to remember those who lost their
Whereas: It is no longer necessary for this item to be lives and who have been devastated by one of the worst natural
considered by that committee; disasters in history; and
Now, Therefore, Be It Resolved That: Now, communities and the authority share close to $1 million a
This Common Council does hereby discharge the Committee year from the sale of recycled materials; and
on Legislation from further consideration of No. 72, CCP Dec Whereas Growing countries such as China and Brazil have
14, 2004 - "C. Jenson-Use 447 Beard Use of A begun importing more used materials from the United States;
Telecommunication Tower(Univ)(hrg 12/21)", and said item is and
now before the Council. Whereas Improvements in technology have also added to the
ADOPT DISCHARGE APPROVE demand for recycled materials, as old cans are being used by
AYES – BONIFACIO, COPPOLA, FONTANA, GRIFFIN, the steel industry and some companies are using old pop
THOMPSON - 5 NOES – DAVIS, FRANCZYK, GOLOMBEK, bottles as a replacement for cotton in sleeping bags and
RUSSELL - 4 sweaters; and
Whereas The City of Buffalo should be doing all that it can to
NO. 126 collect recycled materials to reduce the need for landfills and to
MR. FRANCZYK & MR. GRIFFIN generate revenue for the city.
J.N. ADAM DEVELOPMENT CENTER, PERRYSBURG, Now Therefore Be It Resolved:
NEW YORK - RELEASE OF REVERSIONARY INTEREST That the administration provide a report to the Council
The City of Buffalo wishes to support the town and village of indicating the following information:
Perrysburg to create and maintain an independent water • How many pounds of recycled materials such as
district. newspapers,
Now, Therefore be it resolved: cardboard, plastic bottles and aluminum cans are being
That the City of Buffalo hereby releases it reversionary interests collected by
and authorizes the State of New York to transfer only the the city of Buffalo yearly by category;
following parcels and easements to a water district to be • How much revenue if any has been generated for the city of
established in conjunction with the Town of Perrysburg and Buffalo through the sale of recycled materials;
Village of Perrysburg as follows: • What efforts if any are being taken to increase the amount of
1. 315'x 1,100' foot parcel on Peck Hill Road identified recycling
in blue surveyed by collection.
Be It Further Resolved: WHEREAS: THE BTF PREVIOUSLY WORKD WITH
That this item is referred to an appropriate Committee of the UNICEF TO RAISE THOUSANDS OF DOLLARS AND
Council for further consideration. COLLECT SUPPLIES FOR CHILDREN IN KOSOVO,
ADOPT THE 1ST RESOLVE 2ND TO FINANCE RWANDA, AND AFGHANISTAN; AND
WHEREAS: TEACHERS AND OTHERS, WHO WISH, WILL
NO. 128 BE ASKED TO “REACH DEEP” AND SEND THEIR
BY: MR. GOLOMBEK CHECKS T THE BTF. CHECKS SHOULD BE MADE
RE: ORDINANCE AMENDMENT PAYABLE TO THE US FUND FOR THE UNICEF TSUNAMI
CHAPTER 437, TAXICABS AND LIVERIES RELIEF; AND
The Common Council of the City of Buffalo does hereby ordain WHERES: ACCORDING TO BUFFALO TEACHER’S
as follows: FEDERATION PRESIDENT, PHIL RUNMORE, THE BTF IS
That Chapter 437 of the Code of the City of Buffalo be ALSO ASKING RESSIDENTS OF THE CITY OF BUFFALO,
amended to read as follows: COUNTY OF ERIE, AND WESTERN NEW YORK REGION
§437-14 Rates and charges. TO JOIN MAYOR ANTHONY MSIELLO AND INTERIM
A. No person shall charge a greater sum for the use of a SUPERINTENDENT YVONNE HARGRAVE IN OBSERVING
taxicab or livery than in accordance with the following rates: TWO MINUTES OF SILENCE AT 9:00 AM ON JANUARY
(I) Hourly rates: $21 per hour for one or more 14, 2005 TO REMEMBER THOSE WHO LOST THEIR
passengers. LIVES AND WHO HAVE BEEN DEVASTATED BY ONE OF
(2) Mileage rates: $2.30 for the first 1/6 mile or less; [$0.35] THE WORST NATURAL DISASTERS IN HISTORY;AND
$0.40 for each additional 1/6 mile or less; [$0.35] $0.40 for WHEREAS: THE BTF IS ALSO ASKING THAT CHURCHES
each one minute of waiting time, including time lost in traffic RIG THEIR BELS DURING THE TWO MINUTES OF
delays. Upon producing certification issued by the Mayor's SILENCE WHICH IS THE APPROPRIATE TIME THE FIRST
office as to senior citizen status, persons shall be entitled to a TIDAL WAVE HIT LAND AND,
ten-percent reduction in the amount of the fare. WHEREAS: THE BTF WILL LSO BE CIRCULATIONG
(3) Hand baggage: free. INFORMATION TO TEACHERS FROM UNICEF RELATING
(4) Trunks: $1 each. SPECIFICALLY TO HOW DONATIONS WILL BE SPENT,
(5) Large boxes: $1 each. AND HOW TO LOCATE INFORMATIN FOR USE IN THEIR
B. No additional or extra charge shall be made for carrying CLASSROOM FROM UNICEF’S WEBSITE,
more than one passenger, but all passengers up to the seating WWW.UNICEFUSA.ORG/YOUTHACTION: AND
capacity of the vehicle shall be carried for the same fare as that WHEREAS: THE DRIVE WILL OFFICIALLY START ON
above prescribed for one passenger. MONDAY, JANUARY 17, 2005, THE DAY MARTIN LUTHER
C. Upon demand, the driver of a taxicab or livery shall KING JR BIRTHDAY IS OBSERVED (WHAT BETTER DAY
furnish to the passenger a SAID RUMORE) AD END JANUARY 31, 2005 COLLECTION
receipt for the fare paid, showing the name and badge IS SCHOOLS WILL ACTIVELY TART ON TUESDAY WHEN
number of the driver. SCHOOL REOPEN, AND
D. All disputes as to the lawful rate of fare shall be WHEREAS: THE BTF HAS CHOSEN TO WORK WITH
determined by the police officer in charge of the police station UNICEF BECAUSE OF ITS LONG STANDING
nearest to the place where the dispute arises or occurs; and a RELTIONSHIP WITH THEM ND TO DIRECT THEIR
failure to comply with such determination, provided that it be in DONATIONS TO THE CHILDREN WHO TE THE ONES
accordance with the rate herein fixed, shall be a violation of this THAT OFTEN SUFFER THE MOST IN TRAGIC EVENTS
chapter. LIKE THIS., THEIR VOND S TEACHERS AS YOU WOULD
E. The rate charged in the City of Buffalo shall be subject to EXPECT, IS WITH CHILDREN. OUR HEARTS AND
review and renewal by the Common Council after a period of PRAYERS, HOWEVER, GO OUT TO ALL THOSE WHO
one year from the effective date of such rate change. During ARE SUFFERING FROM THIS HORRENDOUSS
that one-year period, taxicab and livery service providers shall TRAGEDY, AND
work with the Common Council on improving the quality of Whereas: This event is worthy of our participation and support;
service in the City of Buffalo. The amount of improvement and Now Be It Therefore Resolved That:
extent of cooperation by the taxicab and livery service providers The Buffalo Common Council extends does hereby grant the
may be considered in the decision to renew the rate for an BTF/UNICEF's request for support of Operation Compassion-
additional period of time. Tsunami Relief Fund and is willing to work collectively with both
[F. Effective August 1, 2000, a person may charge a agencies to spread the word for this important effort.
temporary gasoline surcharge of $0.50 on each fare for a Be It Finally Resolved That:
period of nine months, expiring on April 30, 2001 .] This honorable body encourages the residents of the City of
APPROVED AS TO FORM Buffalo, County of Erie, and the Western New York region to
Corporation Counsel join the Buffalo Common Council, Mayor Anthony Masiello and
Matter in brackets to be deleted. Matter underlined is Interim Superintendent Yvonne Hargrave in observing two
new. minutes of silence at 9:00 a.m. on January 14, 2005 to
REFERRED TO THE COMMITTEE ON LEGISLATION remember those who lost their lives and who have been
devastated by one of the worst natural disasters in history.
NO. 129 Antoine M. Thompson
BY: MR. THOMPSON, MR. DAVIS ALL Masten District Council Member
COUNCILMEMBERS ADOPTED
REQUEST FOR COMMON COUNCIL SUPPORT OF THE B
TF/UNICEF'S OPERATION COMPASSION-TSUN~NI NO. 130
RELIEF FUND BY: ANTOINE M. THOMPSON
WHEREAS: THE BUFFALO TEACHER’S FEDERATION APPOINTMENTS
(BTF) HAS JOINED WITH UNICEF TO AID CHILDREN IN COMMISSIONERS OF DEEDS
DESPERATE CIRCUMSTANCES THAT HAVE SUFFERED REQUIRED FOR THE PROPER
FROM THE TSUNAMI:AND PERFORMANCE OF PUBLIC DUTIES
That the following persons are hereby appointed as NEMOYER DWAN REDDEN
Commissioner of Deeds for The term ending December 31, RONALD SPDONE GEORGE STOKES
2006, conditional upon the persons so appointed certifying GAYLE SYPOSS JACQUELINE TODOROV
under oath to their qualifications and filing same with the City of JULIE WNEK RYAN JOSEPH LOTEMPIO
Buffalo MARIO ALAIMO JOSEPH CARTONIA JR
KATHLEEN PALKA-ARMSTRONG JUDY WINNERT WILLIAM GWIZDOWSKI SARA JAROS
MICHAEL HOFFERT DONALD PO-CHEDLEY NICOLE KARAMANOS ANN MATHEWS
PAULA PRINCE MARGUERITA SPEARS SANDRA MENDOLA WENDY PIETRZAK
SHEELA SUCHAK PATRICIA AMPLEMENT DENNIS RYAN JESSICASMITHOVERHOLT
SHARON BARDO DEBRA BLANDO KIMBERLY STRIBING THOMAS ZlMMERMAN
MAUREEN BRINKWORTH ROBERT CAICO JENNIFER GANCI
NANCY CANONICO SHIRLEY EL-AMIN ADOPTED
SHARON FORTUNATO ALVIN HARGRO
DIANA JAMERSON DEIRDRE KNIGHTNER NO. 131
PETER LANE DOREEN LEIDOLPH BY: ANTOINE M. THOMPSON
CRAIG LEONE FRANK LOPEZ APPOINTMENTS COMMISSIONER OF DEEDS
STEPHANIE MASIELLO CATHERINE MCNAUGHTON That the following persons are hereby appointed as
SHARON NELSON ANDREW NOSTRANT Commissioner of Deeds for the term ending December 31,
CHARLES PALUMBO ANN MARIE PETRUTT1 2006, conditional, upon the person so appointed certifying
YOLANDA RODRIGUEZ PAULA SEBASTIAN under oath to their qualifications and filing same with the City
MARIA SUAREZ NANCY UZDYGAN Clerk:
MARIO ALAIMO JOSEPH CARTONIA JAMES GILES PATRICIA HELOWICZ
WILLIAM GWIZDOWSKI SARA JAROS LATISHA GRAVES DONNA McCREARY
NICOLE KARAMANOS ANN MATHEWS DEANNA MILEWSKI SUSAN JUDD
SANDRA MENDOLA WENDY PIETRZAK WAYNE GALLOWAY ROBERT GILRAY
DENNIS RYAN JESSICA SMITH-OVERHOLT JILL CRIST JESSICA RODRIGUEZ
KIMBERLY STRIBING THOMAS ZIMMERMAN MAUREEN WILSON ANTHONY BROWN
RUDOLPH BRAVO GEORGE CAMPBELL BRIAN STEARNS SALVATORE BUTERA
EMILIO CICATELLO PATRICK IRWIN JAMES BOVE PRISCILLA SCOTT
FILECELLIA SAMPSON SHARON ALEXANDER DAVID FILISNGER ERIC SCHIFFMAN
PATRICIA JACKSON PETER JANKOWSKI ALLEN BROWN SR NORA DIGGINS
HOA MAI JOHN MEEGAN LUCINDA TAFT
JOYCE ATWELL DIANE BLACHURA ADOPTED
JAMES BORKOWSKI ANN BURKA
AUDREY CANNIZZARO MARTHA CRAMER NO. 132
DOROTHEA EVANS ELAINE GARBE ANNOUNCEMENT OF COMMITTEE MEETINGS
MELINDA HILL MADRENE KEMP The following meetings are scheduled. All meetings are held in
PAULA KREGG DOREEN LEIDOLPH the Common Council Chambers, 13th floor City Hall, Buffalo,
JODI LOMBARDO CHRIS MACMILLAN-CAMPEAU New York, unless otherwise noted.
NADINE MCCARTHY LINDA MISSO Regular Committees
JAMES NOGOWSKI NDIDI NWBUGWU Committee on Civil Service Tuesday, January 18, 2005 at 9:30
ELWOOD PARSONS SUZANNE PICCOLO o'clock A.M.
ARLENE SCIANDRA LAWRENCE SENEAR Committee on Finance Tuesday, January i8, 2005 at 10:00
MICHAEL TURMAN CHET WROBEL o'clock A.M. following Civil Service
SHARON CAETANO THOMAS GAGLIONE Committee on Legislation Tuesday, January 18, 2005 at 2:00
CAROLINE HUTCHENS LEONARD JEROZAL o'clock P.M.
SCOTT LEUTHE PATRICK MCDONNELL Committee on Comm. Dev. Wednesday, January 19, 2005 at
PAUL PFEIFFER RONALD PILOZZI 10:30 o'clock A.M.
ROBERT SIKORSKI MARGARET STEBICK Special Committees
ALICIA SURDYK LAURENCE ADAMCZYK Committee on Legislation Public Hearing on Adelphia
ODEASE BROWN RUTH CASACCI Franchise Agreement Renewal, Wednesday January 12, 2005
MELVA COBB JEFFREY CROSTA at 5 PM
TASHENE EUBANKS ERIC HUCKSOLL Special Community Development meeting on Hickory Woods,
HOWARD KORMAN SANDRA LONG Wednesday, January 19, 2005 at 3pm in room 1417.
SANDRA MCGOWAN ROSELLA MEYERS Sub-Committee on Taxicab and Livery January 20, 2005 at
CHERYL MULHOLLAND DOUGLAS PING 10:00 AM in room 1417
SUE SLISZ-GALASKA MICHAEL STEFANO TERRY Committee on Education Public Hearing on Uniform Policy
STONER ALONZO THOMPSON January 20, 2005 at 6:00 pm in the Council Chambers
KEVIN WEGRYN GAlL WOJTOWICZ (Public Disclaimer): All meetings are subiect to change and
MARK JASKULA SHARON CAETANO cancellation by the respective Chairmen of Council
THOMAS GAGLIONE CAROLINE HUTCHENS Committees. In the event that there is sufficient time given for
LOENARD JEROZAL SCOTT LEUTHE notification, it will be provided. In addition, there may be
PATRICK MCDONNELL PAUL PFEIFFER meetings set up whereby the City Clerk's Office is not made
RONALD PILOZZI ROBERT SIKORSKI aware; therefore, unless we receive notice from the respective
MARGARET STEBICK ALICIA SURDYK Chairmen, we can only make notification of what we are made
DALE ZUCHLWSKI ANN DIPALMA aware.
MARY GRAY JULIE KANE
DAVID KSIAZEK WILLIAM MARYNIEWSKI
MAUREEN MCGURN JENNIFER MONACO DANIEL NO. 133
ADJOURNMENT
On a motion by Mr. Coppola, Seconded by Mrs. Russell, the
Council adjourned at 4:40 pm
GERALD CHWALINSKI
CITY CLERK