HomeMy WebLinkAbout06-0110
No.1
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
JANUARY 10, 2006
MAYOR
Hon. Byron Brown
COMPTROLLER
Andrew Sanfilippo
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
FILLMORE DISTRICT
David A. Franczyk
PRESIDENT PRO TEMPORE
UNIVERSITY DISTRICT
Bonnie E. Russell
MAJORITY LEADER
NIAGARA DISTRICT
DOMINIC J. BONIFACIO JR
DISTRICT COUNCIL MEMBERS
BRIAN C. DAVIS - ELLICOTT
RICHARD A. FONTANA - LOVEJOY
ANTOINE M. THOMPSON - MASTEN
DOMINIC J. BONIFACIO Jr. - NIAGARA
JOSEPH GOLOMBEK JR. - NORTH
MICHAEL P. KEARNS - SOUTH
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Bonnie E. Russell
Chairman, Brian C. Davis, Joseph Golombek Jr., Richard A.
Fontana-Members
CLAIMS COMMITTEE: Michael Kearns 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.,Michael Kearns, Marc A. Coppola,-
Members.
LEGISLATION COMMITTEE: Richard A. Fontana,
Chairman, Dominic J. Bonifacio Jr., Marc A. Coppola,
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
EDUCATION COMMITTEE
Antoine M. Thompson, Chairman, Richard A. Fontana, David
A. Franczyk, Bonnie E. Russell Members
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, JANUARY 10, 2006
AT 2:00 P.M.
PRESENT – David A. Franczyk, President of the Council, and and Council Members Bonifacio, Coppola,
Davis, Fontana, Golombek, Kearns, Russell and Thompson – 9.
ABSENT - None
On a motion by Mr. Bonifacio seconded by Mr.Fontana, the minutes of the stated meeting held on December 27,
2005 were approved.
FROM THE MAYOR
NO. 1
CERTIFICATE OF APPOINTMENT
Appointment Effective: January 3, 2006 in the Department Of Executive Division of Mayor to the Position of First Deputy
Mayor/Administration Exempt Non-Competitive Flat Starting Salary $85,000
Steve Casey 650 Crescent Buffalo, NY 14216
RECEIVED AND FILED
NO. 2
Certificate of Appointment
Appointment Effective: January3,2006 in the Department of Executive Division of Mayor to the Position
of Director of Intergovernment Relations Exempt Non-Competitive Flat Starting Salary of $67,102
Peter Cutler 41 Highland Ave Buffalo, NY 142222
RECEIVED AND FILED
No. 3
Certificate of Appointment
Appointment Effective January 3, 2006in the Department of Executive Department Division of Mayor to
the Position of Special Assistant I Exempt Non-Competitive Minimum Starting Salary of $40,000
Jessica Maglietto 485 Woodward Buffalo NY 14214
RECEIVED AND FILED
NO. 4
Certificate of Appointment
Appointment Effective: January 3, 2006 in the Department of Executive Division of Mayor to the Position of Special
Assistant II Exempt Non-Competitive Flat Starting Salary of: $45000.
Dana Babinchek 679 Auburn Ave. Buffalo, NY 14222
RECEIVED AND FILED
NO. 5
Designate Commissioner of Administration
& Finance James B. Milroy, Ph.D.
Acting Mayor while Mayor is out of
State
Pursuant to Article 4, section 4-4 of the Charter of the City of Buffalo, I hereby designate James B. Milroy, Commissioner
of Administration and Finance of the City of Buffalo "as the acting mayor to perform the mayor's duties in the event the
mayor is temporarily disabled or absent from the state."
RECEIVED AND FILED
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE DIVISION OF CITIZEN SERVICES
NO. 6
Certificate of Appointment
Appointment Effective: January 4, 2006 in the Department of Executive Division of Citizen Services to the Position of
Director of Citizen Services
PERMANENT NON-COMPETITIVE FLAT Starting Salary of: $64770.
Oswaldo Mestre, Jr. 114 Manhattan Ave. Buffalo, NY 14215
REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF COLLECTIONS
FROM THE BOARD OF PARKING
NO. 7
Assignment of Leases
Bflo. Gen., Children's Hospital
and Gates Circle Parking Ramps
Allright NY Parking Inc. d/b/a Central Parking is the current operator of the three city owned parking ramps mentioned
above thru December 31, 2006, with two one year options in the City's favor.
Per the attached December 21, 2005 communication, Allright NY Parking Inc. d/b/a Central Parking is withdrawing from
the Buffalo market and has come to an agreement with Pro Park LLC to the assignment of their contracts.
Pursuant to Section 26 of the agreement:
"Assignments Prohibited" Concessions shall not mortgage, hypothecation or otherwise encumber or assign the
Concession herein granted, nor shall Concessionaire sublet or sublease the garages in whole or in part without the prior
written consent of the City and its Board of Parking.
At its regular monthly meeting of December 29, 2005, the Board of Parking unanimously approved the assignment of
leases of Allright NY Parking Inc. d/b/a Central Parking for the three hospital ramps located at Children’s Hospital - 499
Elmwood Ave, Buffalo General - 880 Ellicott St and Gates Circle - 766 Linwood Ave to Pro Park LLC. At this time the
Parking Board request the approval of the same by your Honorable Body.
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 8
Buffalo Civic Auto Ramps Inc.
Management Agreement
The Board of Parking at its regular monthly meeting of December 29, 2005 considered the request from the Common
Council's Finance Committee (attached). The Board of Parking finds that the request is not commercially reasonable.
Furthermore, the Board finds that the work product requested is not produced in the normal course of business and to
produce the same would require BCAR/Board of Parking to incur additional cost.
The Board of Parking is providing the following:
• A copy of the 2005-2006 BCAR budget
• Copies of the last three (3) years audited statements of BCAR prepared by Lumsden & McCormick
• Copies of the July 2001 to June 2003 audit performed by the office of the Comptroller of the City of Buffalo.
• A copy of a five year projection of BCAR's operation - July 1, 2005 thru June 20, 2010.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 9
Prop. Pkg. Agree. Modification
Comfort Suites Formerly Journey's End
Hotel Downtown Buffalo
(Item No. 42, C.C.P. 12/12/05)
The Board of Parking at its regular monthly meeting of December 29, 2005 reviewed the above mentioned modifications.
The Board of Parking has serious concerns on the modification and is preparing a detailed response for your Honorable
Body. The Parking Board request that this item be tabled in the Finance Committee until the Board can meet with the
developer and provide a detailed response.
REFERRED TO THE COMMITTEE ON FINANCE.
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 10
Renew Lease Agreement Between the City of Buffalo
and Peter Gerace & Michael Geiger for use of a Portion
of the Foot of Bird - Niagara District
Item No. 119, April 3, 2001
The Office of Strategic Planning, Division of Real Estate, has received a request from Peter Gerace and Michael Geiger
requesting to renew their lease agreement for use of the foot of Bird Avenue. This lease commenced on October 1,2000
and expired on September 30, 2005. They are requesting that this lease be renewed for an additional five (5) year period
under the same terms and conditions with an annual rental fee of Five Hundred Dollars ($500.00).
This office recommends that Your Honorable Body renew their present lease agreement for an additional five-year period
commencing retroactively on October 1, 2005 and terminating on September 30, 2010. I am further recommending that
Your Honorable Body authorize the Corporation Counsel to prepare the necessary documents to renew said lease and
that the Mayor be authorized to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning dated December 29, 2005, be received and filed; and
That the Director of Real Estate be, and he hereby is authorized to renew the lease between the City and Peter Gerace
and Michael Geiger, for use of the foot of Bird Avenue for an additional five (5) year term commencing on October 1, 2005
and expiring September 30, 2010. That the Corporation Counsel be authorized to prepare the necessary lease and that
the Mayor be authorized to execute the same.
PASSED
AYES – 9 NOES – 0
NO. 11
Renew lease Agreement between the City of Buffalo
and the Polish Community Center of Buffalo, Inc. for use
of 379 Paderewski - Fillmore Council District
Item No. 133, C.C.P. 7/11/00
Pursuant to Item No. 133, C.C.P. 7/11/00, Your Honorable Body authorized a five (5) year lease agreement between the
City of Buffalo and the Polish Community Center of Buffalo, Inc. for use of 379 Paderewski. This agreement was for the
period of March 1,2000 through February 28, 2005.
This office has received a letter from Marlies Wesolowski, Executive Director of the Polish Community Center of Buffalo,
Inc. requesting to renew their lease agreement for an additional five (5) year period under the same terms and conditions
as their present lease. This office has written to the Department of Public Works, Parks & Streets, Community Services
and the Department of Audit and Control requesting if they had any objections or changes to said lease. The Division of
Audit has concerns as follows:
The present lease indicates that "the Polish Community Center shall not be responsible for the payment of all utilities, if
applicable, including but not limited to gas, water, sewer charge and electricity. The Polish Community Center shall
forward all utility bills t the City of Buffalo for payment within ten (10) days of receipt of them." There concern is that the
utilities for this center are not included in the electric billing pool and they would also like a clause included in the lease
renewal that will allow the City to audit records being paid.
This office is recommending that the lease be renewed for an additional five (5) year period commencing retroactively on
March 1, 2005 and expire on February 28, 2010 and shall include a clause which allows the City to audit records being
paid. Providing Your Honorable Body approves this lease renewal wherein the City pays for the cost of all utilities, then
the Audit Division shall include said bills in the City's Utility Pool. All other terms and conditions of the existing lease shall
remain the same. Attached is a copy of the agreement for review.
This office recommends that Your Honorable Body renew their present lease agreement for an additional five - (5) year
period to commence on March 1, 2005 and expiring on February 29, 2008 to include but not be limited to the above
mentioned changes. I am further recommending that Your Honorable Body authorize the Corporation Counsel to prepare
the necessary documents to renew said agreement and that the Mayor be authorized to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning dated December 29, 2005, be received and filed; and
That the Director of Real Estate be, and he hereby is authorized to renew the lease between the City and the Polish
Community Center of Buffalo, Inc. for use of 379 Paderewski for an additional five (5) year term commencing retroactively
on
March 1, 2005 and expiring on February 28, 2010 and shall include a clause which allows the City to audit records being
paid. Providing this approval, wherein the City pays for the cost of all utilities, then the Audit Division shall include said
bills in the City's Utility Pool. All other terms and condition of the existing lease shall remain the same. That the
Corporation Counsel be authorized to prepare the necessary lease and that the Mayor be authorized to execute the
same.
PASSED
AYES – 9 NOES –0
NO. 12
Results of Negotiations
161 Burgard, 162.60' S Doat
Lot Size: 30' x 113'
Assessed Valuation: $2,600.
163 Burgard, 132.60' S Doat
Lot Size: 30' x 113'
Assessed Valuation: $2,600.
167 Burgard, 102.60' S Doat
Lot Size: 30' x 113'
Assessed Valuation: $2,600.
(Lovejoy District)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 161,163 and 167 Burgard
Place from Ms. Lucille Edwards of Bethlehem Missionary Baptist Church, 165 Doat Street, Buffalo, New York 14211. The
Church intends to use these vacant parcels for church parking.
The Department of Permit and Inspection Services and the Division of Collections have no objections to the sale. There
are no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar residential vacant lot properties in the subject area. Sale
prices range from forty cents ($ .40) to one dollar ($1.00), per square foot.
The results of our negotiations are that the Church has agreed and is prepared to pay seven thousand eight hundred
dollars ($7,800), seventy-six cents ($. 76), per square foot. They have also agreed to pay for the cost of the transfer tax,
recording fees and cost of the legal descriptions.
I am recommending that Your Honorable Body approve the sale of 161, 163 and 167 Burgard Place to Ms. Lucille
Edwards of Bethlehem Missionary Baptist Church in the amount of seven thousand eight hundred dollars ($7,800). I am
further recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated January 3, 2006, be
received and filed; and
That the offer from Ms. Lucille Edwards of Bethlehem Missionary Baptist Church, 165 Doat Street, in the sum of seven
thousand and eight hundred dollars ($7,800.00) for the purchase of 161 and 167 Burgard Place, be and they hereby are
accepted; and
That the transfer tax, recording fees and cost of legal descriptions shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES – 9 NOES – 0
NO. 13
Results of Negotiations
427 East Ferry, 37.05' W Wohlers
Vacant Parcel : 29' x 90'
Assessed Valuation: $2,100
(Masten District)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 427 East Ferry from Paulette
Hayles of Seventh Day Church of God Outreach Ministries, 431 East Ferry, Buffalo, New York 14213. The Church located
at 431 East Ferry Street intends to use the vacant parcel for additional green space and future parking.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are
no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range from
seventy-five cents ($ .75) to one dollar ($1.00), per square foot.
The results of our negotiations are that the Church has agreed and is prepared to pay two thousand six hundred dollars
($2,600), one dollar ($1.00) per square foot. They have also agreed to pay for the cost of the transfer tax, recording fees
and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 427 East Ferry to Ms. Paulette Hayles of Seventh Day
Church of God Outreach Ministries for the amount of two thousand six hundred dollars ($2,600). I am further
recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor
be authorized to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated January 4, 2006, be
received and filed; and
That the offer from Paulette Hayles of Seventh Davy Church of God Outreach Ministries, 431 East Ferry, in the sum of
two thousand and six hundred dollars ($2,600.00) for the purchase of 427 East Ferry, be and hereby is accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES – 9 NOES – 0
NO. 14
Results of Negotiations
83 Harmonia, 280' S Walden
Lot Size: 30' x 81'
Assessed Valuation: $1,400.
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 83 Harmonia Street from Mr.
Willie B. Williams, 43 Sandhurst Lane, Williamsville, New York 14221. Mr. Williams owns a one family house at 81
Harmonia and intends to use this vacant parcel for additional green space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are
no building code violations, taxes or other liens owed to the City by the purchaser.
The Division of Real Estate has investigated the sale of similar residential vacant lots in the subject area. Sale prices
range from forty cents ($ .40) to seventy cents ($ .70), per square foot.
The results of our negotiations are that Mr. Williams has agreed and is prepared to pay one thousand two hundred dollars
($1,200), fifty cents ($ .50) per square foot, for the subject property. Mr. Williams has also agreed to pay for the cost of the
transfer tax, recording fees and cost of the legal description.
I am recommending that Your Honorable Body approve the sale of
83 Harmonia Street to Mr. Willie Williams in the amount of one thousand two hundred dollars ($1,200). I am further
recommending that the Corporation Counsel prepare the necessary documents for the transfer of title and that the Mayor
be authorized to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated January 3, 2006, be
received and filed; and
That the offer from Willie B. Williams, residing at 43 Sandhurst Lane, Williamsville, in the sum of one thousand and two
hundred dollars ($1,200.00) for the purchase of 83 Harmonia Street, be and hereby is accepted; and
That the transfer tax, recording fees and cost of legal description shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES – 9 NOES – 0
NO. 15
Results of Negotiations
606 Humboldt Pkwy., 120' S Northland
Vacant Lot: 30' x Irregular Depth
Assessed Valuation: $2,100.
608 Humboldt Pkwy., 150' S Northland
Vacant Lot: 30' x Irregular Depth
Assessed Valuation: $2,100.
(Masten District)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 606 and 608 Humboldt
Parkway from Mr. Roy L. Nealy, 612 Humboldt Parkway, Buffalo, New York 14211. Mr. Nealy owns and resides at 612
Humboldt Parkway, which is adjacent to the subject properties and intends to use these vacant parcels for additional
green space.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are
no building code violations, taxes or other liens owed to the City of Buffalo by the purchaser.
The Division of Real Estate has investigated the sale of similar residential lots in the subject area. Sale prices range from
fifty cents ($ .50) to one dollar ($1.00), per square foot.
The results of our negotiations are that Mr. Nealy has agreed and is prepared to pay four thousand two hundred dollars
($4,200), sixty cents ($ .60) per square foot for the subject properties. Mr. Nealy has also agreed to pay for the cost of the
transfer tax, recording fees and cost of the legal descriptions.
I am recommending that Your Honorable Body approve the sale of 606 and 608 Humboldt Parkway to Mr. Roy Nealy in
the amount of four thousand two hundred dollars ($4,200). I am further recommending that the Corporation Counsel
prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated January 4, 2006, be
received and filed; and
That the offer from Mr. Roy L Nealy, residing at 612 Humboldt Parkway, in the sum of four thousand and two hundred
dollars ($4,200.00) for the purchase of 606 and 608 Humboldt Parkway, be and they hereby are accepted; and
That the transfer tax, recording fees and cost of legal descriptions shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES – 9 NOES – 0
NO. 16
SUBJECT: Results of Negotiations
66 Lester, 687.46' N Seneca
Lot Size: 30' x 129'
Assessed Valuation: $2,800
68 Lester, 717.46' N Seneca Lot Size: 30' x 129'
Assessed Valuation: $2,800
(Lovejoy District)
The Office of Strategic Planning, Division of Real Estate has received a request to purchase 66 and 68 Lester from Mr.
Guy J. Agostinelli, Attorney at Law, 404 Cathedral Place, 298 Main Street, Buffalo, New York 14202 on behalf of Niagara
Ceramics Corporation. Niagara Ceramics Corporation intends to use the vacant parcels for expansion and warehousing
for their business at 75 Hayes Place.
The Division of Permit and Inspection Services and the Division of Collections have no objections to the sale. There are
no building code violations, taxes or other liens owed to the City by the purchaser.
The Division of Real Estate has investigated the sale of similar vacant lots in the subject area. Sales prices range from
fifty cents ($ .50) to two dollars ($2.00), per square foot.
The results of our negotiations are that we have agreed to a sales price of seven thousand seven hundred dollars
($7,700), one dollar ($1.00) per square foot, for the subject properties. Niagara Ceramics Corporation has also agreed to
pay for the cost of the transfer tax, recording fees and cost of the legal descriptions.
I am recommending that Your Honorable Body approve the sale of 66 and 68 Lester in the amount of seven thousand
seven hundred dollars ($7,700) to Niagara Ceramics Corporation. I am further recommending that the Corporation
Counsel prepare the necessary documents for the transfer of title and that the Mayor be authorized to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated January 5, 2006, be
received and filed; and
That the offer from Guy J. Agostinelli, Attorney, 404 Cathedral Place, 298 Main Street on behalf of Niagara Ceramics
Corporation, in the sum of seven thousand and seven hundred dollars ($7,700.00) for the purchase of 66 and 68 Lester,
be and they hereby are accepted; and
That the transfer tax, recording fees and cost of legal descriptions shall be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that the
Mayor be authorized to execute the same, in accordance with the terms of sale upon which the offer was submitted.
PASSED
AYES-9 NOES
NO. 17
A.D. Price SEQR Lead Agency Designation
Please be advised, prior to the implementation of the above-referenced project the requirements of the New York State
Environmental Quality Review Act (SEQR) must be satisfied.
The project, as defined under SEQR, is an Unlisted Action for which a coordinated review will be completed. As per
Section 617.6 of the regulations, a Lead Agency responsible for determining the effect of the action on the environment
must be designated from among the involved agencies within 30 calendar days of the date of this letter. The Buffalo
Urban Renewal Agency (B.U.R.A.) proposes to assume Lead Agency status for this project and respectfully requests your
consent to this designation.
The project Environmental Assessment Form is enclosed for your review. If the Buffalo Common Council has no objection
to the designation of BURA as Lead Agency, please sign this letter and return it to me at the Office of Strategic Planning,
Room 920 City Hall.
Mr. Bonifacio moved:
That the above communication from the Board of Parking, dated January 5, 2006, be received and filed; and
That pursuant to 6 NYCRR Part 617, the Buffalo Urban Renewal Agency hereby requests Lead Agency Status for the A.
D. Price Redevelopment Project.
Passed.
AYES – 9 NOES – 0
NO. 18
TRANSFER 375 SYCAMORE FROM THE CITY OF BUFFALO
TO THE BUFFALO URBAN RENEWAL AGENCY
ELLICOTT DISTRICT
The Office of Strategic Planning, Division of Real Estate, has received a request from the Buffalo Urban Renewal
Agency to transfer title to a City owned parcel located at 375 Sycamore.
The Buffalo Urban Renewal Agency has applied for and has been awarded A New York State Assistance Contract (SAC)
to conduct an environmental soil remediation on the Sycamore Village Property to residential levels. Upon receipt of an
environmentally clean site, the Office of Strategic Planning's Office of Residential New Housing will commence with
residential development. This Phase 1 residential development will be the completion of the 3 existing homes and the
construction of three new homes directly adjacent to the existing B.U.R.A. property along Sycamore Avenue. In order for
the soil remediation contract to commence, the entire parcel must be in title to the Buffalo Urban Renewal Agency. The
only parcel that is not in Buffalo Urban Renewal Agency's name in 375 Sycamore.
The property consists of a 1,878 square foot two family dwelling situated on a parcel of land 25 x 100 feet.
A Land Disposition Agreement will be submitted to Your Honorable Body by the Buffalo Urban Renewal Agency for final
approval.
This office is recommending that Your Honorable Body approve the transfer of title of 375 Sycamore to the Buffalo Urban
Renewal Agency and authorize the Corporation Counsel to prepare the necessary documents for the transfer of title and
that the Mayor be authorized to execute the same.
Mr. Bonifacio moved:
That the above communication from the Office of Strategic Planning, Division of Real Estate, dated January 3, 2006, be
received and filed; and
That the Division of Real Estate transfer title of a City owned parcel located at 375 Sycamore Street to the Buffalo Urban
Renewal Agency on the condition that the Buffalo Urban Renewal Agency will submit a Land Disposition Agreement for
approval. That the Corporation Counsel be authorized to prepare the necessary documents for the transfer of title and that
the Mayor be authorized to execute the same.
PASSED
AYES – 9 NOES – 0
NO. 19
CERTIFICATE OF APPOINTMENT
Appointment Effective: January 3, 2006 in the Department of Strategic Planning Division of Real Estate to the Position
of Marketing Manager, Permanent at the fifth step of $51,173.02
Jay Duderwick, 335 Weimer, Buffalo, New York 14210
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION
NO. 20
# 110 C.C.P. DECEMBER 27,
RECONSIDER ASSESSMENTS OF OPEN LOTS
This is in response to Councilmember Davis' Resolution Requesting Reconsideration of Significant Increases in
Assessments to Open Lots. The resolution did not identify whether the "open lots" are paid parking lots or support lots.
First, the Department of Assessment and Taxation did not hire assessors to evaluate lots in and around the Downtown
core; the work was performed by assessors who are current employees of the City of Buffalo working in the Department of
Assessment and Taxation. The assessor responsible for parking and support lots performed a statistical analysis
comparing assessed values to sales and then performed field review of downtown core lots. He also visited each lot
gathering information on posted parking rates and occupancy levels for an Income and Expense approach to value for
comparison to the values derived from the Sales Comparison approach.
The Department of Assessment and Taxation is committed to the Annual Reassessment Program under which we are
required by law to maintain a fair and equitable assessment roll, which requires that we assess properties at 100% of
market value. We are in our fifth year of Annual Reassessment. This year downtown parking and support lots were
scheduled to be reviewed in addition to a variety of other parcels throughout the City of Buffalo. It has been five years
since these properties were reviewed in the city-wide Reassessment Program.
On March 25, 2004 we sent the attached mailing to parking lot owners in the downtown area requesting income and
expense information. Out of 231 paid and support lots who received a letter, only ten responded and did not provide us
with the information we asked for. We asked business and lot owners to cooperate with us and help us and did not
receive the response we hoped for.
We cannot assess in increments; this would only create further inequities. We cannot be selective by assessing one group
of properties at a fractional percentage and another group at 100% because then we are not in compliance with State law
in addition to not being fair and equitable to all property owners.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 21
RESOLUTION #118
C.C.P. DECEMBER 27, 2005
PROVIDE PROPERTY TAX RELIEF TO OWNER OCCUPIED
NON-HOMESTEAD PROPERTIES
This is in response to Councilmember Golombek's Resolution to Provide Property Tax Relief for Owner Occupied Non-
Homestead Properties.
We do offer tax relief opportunities for owner occupied non-homestead property. An owner occupying a non-homestead
property may qualify for and receive the following real property tax exemptions: Disability, Veteran's, Senior Citizen, Basic
STAR and Enhanced STAR if they meet the criteria and reside in the property.
We will request a report from the MIS Department of non-homestead properties and will initiate an investigation to
determine and identify those property owners who are residing in non-homestead properties. When owners who occupy
their non-homestead properties are identified an informational mailing can be sent apprising them of the availability of real
property tax exemptions. We will also notify your Honorable Body of our findings.
This Honorable Body must bear in mind that any type of proposed new tax exemption must first be approved by the State.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF PUBLIC WORKS
NO. 22
CHANGE IN CONTRACT
DELAVAN FILLMORE FIRE STATION
CONSTRUCTION
JOB #0433
MASTEN DISTRICT
I hereby submit to Your Honorable Body the following changes for the Delavan Fillmore Fire Station, Construction,
General Construction, Picone Construction, C #92010963.
1. Proposal #28 - Furnish and install Dex-O-Tex Vapor Lok 100 vapor barrier system at apparatus bay floor, epoxy flooring
area.
Add $ 6,710.25
The foregoing change results in a net increase in the contract of Six Thousand Seven Hundred Ten and 00/100 Dollars
($6,710.25).
Current Contract Amount $1,473,577.65
Amount of This Change Order (#3) $6,710.25
Revised Contract Amount $1,480,287.90
Costs have been reviewed by the Consulting Architect (Foit Albert Associates) and the Department of Public Works,
Parks & Streets and were found to be fair and equitable. Funds for this work are available in 30062206 445100 - Division
of Buildings.
I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order
to the contractor as set forth above.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated December 30, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 3,
to Picone Construction, an increase in the amount of $6,710.25, as more fully described in the above communication, for
work relating to Job No. 0433, Delavan Fillmore Fire Station, Construction, General Construction, C #92010963. Funds for
this project are available in CPF 30062206 445100 - Division of Buildings.
PASSED
AYES - 9 NOES - 0
NO. 23
CHANGE IN CONTRACT
MAIN MERCER FIRE STATION
EXPANSION & RECONSTRUCTION
JOB #0422 MASTEN DISTRICT
I hereby submit to Your Honorable Body the following changes for the Main Mercer Fire Station, Expansion &
Reconstruction, Mechanical Work, Parise Mechanical, Inc., C #92010967.
1. JM #6 - Troubleshoot and rewire the existing fire
station's thermostat wiring. Add $ 900.00
The foregoing change results in a net increase in the contract of Nine Hundred and 00/100 Dollars
($900.00).
Summary: Current Contract Amount $112,301.00
Amount of This Change Order (#5)Add $ 900.00
Revised Contract Amount $113,201.00
Costs have been reviewed by the Consulting Architect (Bergmann Associates) and the Department of Public Works,
Parks & Streets and were found to be fair and equitable. Funds for this work are available in 38320206 445100 - Division
of Buildings.
I request that Your Honorable Body authorize the Commissioner of Public Works, Parks & Streets to issue a change order
to the contractor as set forth above.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated December 29, 2005, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue change order No. 5,
to Parise Mechanical, Inc., an increase in the amount of $900.00, as more fully described in the above communication, for
work relating to Job No. 0422 Delavan Fillmore Fire Station, Expansion & Reconstruction, Mechanical Work, C
#92010967. Funds for this project are available in CPF 38320206 445100 - Division of Buildings.
PASSED
AYES - 9 NOES - 0
NO. 24
INCREASE IN CONTRACT
105 W. MARKET ST.
ROOF REPLACEMENT
GENERAL CONTRACT NO. 92011035
(ELLICOTT)
During the removal of the old roof at 105 West Market Street it was discovered that the existing deck had deteriorated
further than expected due to broken roof drains. Therefore, we recommend that the following changes be made to
Contract No. 92011035, with Jos. A. Sanders & Sons, Inc. to repair all roof drains and replace the damaged roof decks.
ADD
all labor and materials for installation $54,668.71
of new drain lines from roof to 4" riser
in building, joist and deck replacement,
and repair of damaged chimney.
DEDUCT $10,928.40
Removal of original plumbing scope,
reduction of Gypsum, Concrete, &
Metal deck repair, and metal wall panel installation.
TOTAL $ 43,740.31
Existing Contract Amount $ 252,705.00
This Increase $ 43,740.31
New Contract Amount $ 296,445.31
The Project Manager has reviewed and recommended these changes and costs. Funds are available in Account
38320906-445100.
I recommend that Your Honorable Body authorize the Commissioner of Public Works, Parks and Streets to issue a
change order to Jos. A. Sanders & Sons, Inc. as outlined above.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated January 5, 2006, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to issue a change order to
Jos. A. Sanders, Inc., an increase in the amount of $43,740.31, as more fully described in the above communication, for
work relating to
105 W. Market Street, Roof Replacement, C #92011035. Funds for this project are available in Account 38320906-
445100.
PASSED
AYES - 9 NOES - 0
NO. 25
SENECA BUFFALO CREEK CASINO ROW IMPROVEMENTS
The Seneca Niagara Gaming Corporation has requested that the attached letter be filed with the Common Council.
Seneca Buffalo Creek Casino ROW Improvements
Dear Mr. Molnar:
This department approves the preliminary ROW improvements, except for improvements to the sewer system, as outlined
on preliminary plans sent to us on December 22, 2005. These drawings are marked C-100, East & West Market St. Public
Utility Abandonment Plan, L002 Draft Concept Plan, L001 Draft Concept Site Plan, and L101 Preliminary Site Utility &
Roadway Plan. Appropriate City permits will also be needed for any work being done within the Rights of Way. Also, be
advised that any encroachments, such as awnings and overhead walkways will need the approval of the Common
Council.
This department does not, on its own, have the authority to fund any of the proposed ROW improvements. I suggest that
you begin prompt discussions with Mayor-elect Brown and the Common Council regarding funding issues.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 26
CERTIFICATE OF APPOINTMENT
Appointment Effective: December 27, 2005 in the Department of Public Works, Parks & Streets, Division of Water
to the Position of Chief Pumping Plant Engineer, Provisional Promotion at the Maximum
Starting Salary of $44,009
Paul Ramunno, 247 North Drive, Buffalo, New York 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF POLICE
NO. 27
DRUG ASSET FORFEITURE WIRE TRANSFERS
ITEM NO 104 CCP2/2/88
C2-97-0110 $1,621.40
C2-04-0015 149.19
TOTAL $ 1,770.59
The Drug Enforcement Administration (DEA) has administratively forfeited the above referenced property. The funds were
received by this Department through wire transfers and duly deposited in the Trust & Agency Account, #20010000-
389001. These funds will be placed into one or more of the following accounts deemed by the Commissioner of Police:
Educational Training/Seminar, Confidential Funds, Materials and Supplies, Firearms and Weapons, Communications and
Computers, Electrical Surveillance, Purchase of Services, Improvements, Vehicles, Operating Equipment
If you have any questions regarding the above mentioned, please contact Chief Richard Ortiz at 851-5181.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE CORPORATION COUNSEL
NO. 28
BERN/UNIVERSAL INACTIVE HAZARDOUS WASTE DISPOSAL SITE
Please find enclosed for your information copies of letters and a Consent Decree this office has received regarding
remediation of the Bern Metal Corp./Universal Iron & Metal Inactive Hazardous Waste Disposal Sites.
Re: Bern/Universal inactive hazardous waste disposal site
As you know, the State has negotiated a consent decree with six entities which will result in remediation of this
abandoned scrap reprocessing facility: Five of them- Niagara Frontier Transportation Authority, Honeywell International
Inc. (successor to AlliedSignal), National Fuel Gas Distribution Corp., General Motors Corporation, and New York State
Electric & Gas Corp. (Cooperating Responsible Parties, or CRPs)- will implement the remedy selected by the Department
of Environmental Conservation ("DEC") for the above-captioned site in its March 1996 Record of Decision. The selected
remedy includes excavation of certain soil and sediment from off-site areas and consolidation on site; demolition of on-site
buildings; installation of a multi-layered cap over the waste mass; and post-construction operation and maintenance ("O &
M") activities. Additionally, Conrail, liable as an owner of a portion of the Site, has agreed to pay $85,000 towards the
State's past and projected future costs.
My December 17, 2001 letter to you advised that, given the State's contention that the City of Buffalo ("City") provided the
former site operators with large quantities of used batteries and other waste, the State is seeking a commitment from the
City to implement or fund the O & M activities that will need to be carried out at the site. These activities, described and
costed out in some detail in the December 17 letter, will include long-term maintenance of the cap and monitoring of
groundwater.
You have advised me that you will be requesting authority from the Buffalo Common Council within the next 10 days to
enter into a settlement agreement which obligates the City to perform the O & M activities. To summarize our conceptual
settlement: In exchange for performing or funding O & M activities, the City will obtain the same liability release set forth in
paragraphs 26-31 of the current consent decree, "Release of Liability and Covenant Not to Sue".
The Capitol, Albany, NY 12224 • (518) 474-8096 • Fax (518) 473-2534
Additionally, the City will receive contribution protection per paragraph 32. (I previously provided you with a copy of the
draft decree, but I enclose another for your convenience).
Once you have advised that your client has approved this settlement, I will revise the consent decree accordingly and
send it to you for your review. Please note, however, that DEC is insistent that the remedy be implemented this year.
Hence, it is essential that the consent decree be entered within the very near future. If negotiations between the State and
the City are prolonged, we will file the complaint, enter into the consent decree with the CRPs and Conrail, and proceed
with the litigation. Absent an agreement, the State will pursue the City for O & M costs, all other costs not reimbursed by
the settling parties, and enforcement costs.
Finally, as you know, per an Order issued by Buffalo City Court Judge Joseph Fiorella on January 10, 2002, Daniel Tredo
is obligated to remove all existing vehicles, tires, car parts, and other debris from his site by February 11, 2002; if Tredo
defaults, the Order authorizes the City and its agents to enter on to the Tredo premises and remove those items from the
~
property.Hence, we expect that the vehicles and other debris will be removed by either Tredo or the City within the very
near future, thus allowing remediation of the Site to proceed. You advised that the City of Buffalo would like to be given
title to the Site once it is remediated. The State has committed to .work with you to attempt to effectuate this, initially by
requesting that both site owners voluntarily transfer title to the City, and by seeking an order in the impending federal court
litigation to effectuate this if voluntary compliance is not forthcoming.
Please advise, and thanks for your continued efforts in attempting to resolve this matter.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 29
INFO 993 CLINTON
As per the request of your Honorable Body, attached please find correspondence from the NYS Department of
Environmental Conservation regarding the above-referenced property.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 30
CITY OF BUFFALO PARKS
Please find enclosed for your information a copy of a letter this office has received from Laurence K. Rubin, County
Attorney regarding an amendment to the Intermunicipal Cooperation Agreement for Management of City Parks and
Recreational Facilities.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 31
MCCOMBES V. CITY OF BUFFALO
(870 HERTEL AVENUE)
Enclosed are two (2) letters I received from Mr. McCombes' attorney. The property appraisal received from Mr. Combes'
attorney is also enclosed.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT AND THE DIRECTOR OF REAL ESTATE
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT &
INSPECTION SERVICES
NO. 32
LOC. LAW LNTRO NO. 11 (2005)-DEPARTMENT OF FIRE
I am in receipt of the above stated Common Council Communication and wish to snpply your Honorable Body with tile
following information. I have reviewed the proposed changes to Section 14-10 of the Charter of the City of Buffalo as it
relates to tbe Duties and Powers of the Commissioner of Fire and would like to add my support of this change. It is my
sincere hope that this response satisfies your inquiry.
RECEIVED AND FILED
NO. 33
BID OPENING FOR 669 GENESEE STREET
l wish to report the following bid results and am seeking approval by your Honorable Body. On December 29, 2005 a bid
opening was held in the Office of the Department of Permit and Inspection Services for the Demolition of 669 Genesee
Street.
Contractor Amount
Braasch Construction $38,600.00
Cambria Contracting $107,000.00
Empire Dismantlement $127,610.00
Mark Cerrone No representative present
Ontario Specialty $93,525.00
Zoladz Construction $118,993.00
The apparent low bidder on 669 Genesee Street was Braasch Construction. As of this writing Braasch Construction has
withdrawn their bid stating that the bid was submitted containing an unknown error in calculations. Therefore we wish to
accept the bid of Ontario Specialty at a cost of $ 93,525.00. Your favorable review of this expenditure is appreciated.
REFERRED TO THE COMMITTEE ON FINANCE.
NO. 34
BID OPENING FOR 1318 NIAGARA STREET
I wish to report the following bid results and am seeking approval by your Honorable Body. On December 19, 2005 a bid
opening was held in the Office of the Department of Permit and Inspection Services for the Demolition of 1318 Niagara
Street.
Contractor Amount
Cambria Contracting $1,697,000.00
Empire Dismantlement $1,343,210.00
Mark Cerrone $2,288,318.00
Ontario Specialty $1,I27,093.00
Sabre Demolition $1,025,000.00
Titan Wrecking $ 459,950.00
The apparent low bidder on 1318 Niagara Street was Titan Wrecking. As of this writing Titan Wrecking has withdrawn
their bids stating that the bid document was submitted containing an unknown error in calculations. Therefore we wish to
accept the bid of Sabre Demolition at a cost of $ 1,025,000.00. Your favorable review of this expenditure is appreciated.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 35
H. NOWAK - CITY COURT –
REQ. ASSIST FROM EPA IN DEMO REMID.
I am in receipt of the above stated Common Council Communication and wish to supply your Honorable Body with the
following information. We in the Department of Permit and Inspection Services are fully aware of the conditions at 537
East Delevan in the City of Buffalo. Our Department initiated the Housing Court case against the owner of record and has
cooperated with the Housing Court and the Honorable Henry Nowak in the prosecution of this property owner. I would like
to make your Honorable Body aware "that if the Department of Permit and Inspection Services can be of any assistance
with the petitioning of assistance from the Environmental Protection Agency or if any documentation or site visits must be
performed we stand ready to assist in any way necessary. It is my sincere hope that this response satisfies your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 36
USED CAR DEALER
116 MYRTLE (ELLICOTT)
Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Used Car Dealer License located at 116 Myrtle and find that as to form is correct. I have caused an
investigation into the premises for which said application for a used car dealer license is being sought and according to
the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all
regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of
Robert Leon. The attached thereto for Robert Leon d/b/a Leon's Auto Sales & Service. This request is submitted for your
approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION.
NO. 37
USED CAR DEALER
9 SOUTH OGDEN (SOUTH)
Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be advised that I have examined the attached
application for a Used Car Dealer License located at 9 South Ogden and find that as to form is correct. I have caused an
investigation into the premises for which said application for a used car dealer license is being sought and according to
the attached reports from the Zoning Office, Fire Department and Building Inspections, I find it complies with all
regulations and other applicable laws. I have caused an investigation by the Police Department into the moral character of
Jeffrey Offhaus. The attached thereto for Jeffrey Offhaus d/b/a Liberty Motors. This request is submitted for your approval
or whatever action you deem appropriate.
Mr. Bonifacio moved:
That the above communication from the Commissioner of Permit and Inspections Services dated January 3,
2006, be received and filed; and
That pursuant to Chapter 254 of the City Code, the Commissioner of Permit and Inspections Services be, and
he hereby is authorized to grant a Used Car Dealer license to Jeffrey Offhaus d/b/a Liberty Motors, located at 9 South
Ogden.
PASSED.
AYES-9. NOES-0.
NO. 38
CERTIFICATE OF APPOINTMENT
Appointment Effective January 3, 2006 in the Department of Permits and Inspections, Division of Permits and Inspections,
to the position of Commissioner of Inspections and Permits, Exempt, Non-Competitive, at the flat rate of $73,337.
Richard M. Tobe 56 Chapin Parkway Buffalo, NY 14209
REFERRED TO THE COMMITTEE ON LEGISLATION AND DIRECTOR OF COLLECTIONS.
FROM THE COMMISSIONER OF ADMINISTRATION, FINANCE & URBAN AFFAIRS
NO. 39
CERTIFICATE OF APPOINTMENT
Appointment Effective January 10, 2006 in the Department of Administration & Finance, Division of Parking Enforcement,
to the Position
Of Hearing Officer, Temporary (as required), at the flat starting salary of $110/day.
Catherine A. Carey 556 Dorrance Avenue Buffalo, NY 14218
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 40
CERTIFICATE OF APPOINTMENT
Appointment Effective 12/27/05 in the Department of Administration and Finance, Division of Inventory & Stores, to the
position of Laborer II, Maximum, at the starting salary of $27,833.04.
Maureen Danahy
151 Summit Ave.
Buffalo, NY 14214
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
FROM THE COMMISSIONER OF COMMUNITY SERVICES
NO. 41
CERTIFICATE OF APPOINTMENT
Appointment Effective January 3, 2006 in the Department of Community Services, Division of Youth, to the position of
Director of Youth, Exempt, Non-Competitive, at the maximum flat starting salary of $50,000.
Otis Barker 95 Beverly Road Buffalo, NY 14208
REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR OF COLLECTIONS.
FROM THE BOARD OF EDUCATION
NO. 42
A. THOMPSON-BLACK CHAMBER OF COMMERCE & JSCB
(ITEM #55, DEC. 27, 2005)
A. Thompson-Black Chamber of Commerce & JSCB letter of November 2, 2005 and received on January 3, 2006.
(Item #55, C.C.P.December 27, 2005)
We appreciate your forwarding Mr. Ross' letter to our attention.
The Inclusion Committee is a vital part of the JSCB structure and recommendations from the Committee to the JSCB are
invaluable.
As you know, the Bevlar Report, as audited using cancelled checks, verified that the Phase 1 MBE/WBE goals were
exceeded.
The support of the Black Chamber of Commerce continues to be critical to achieving the goals of diversity.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION.
FROM THE CITY CLERK
NO. 43
LIQUOR LICENSE APPLICATIONS
Attached hereto are communications from persons applying for liquor licenses from the Erie County Alcohol Beverage
Control Board.
Address Business Name Owner’s Name
596 Genesee St. Old Arthur’s Pub Justin J. Larke
RECEIVED AND FILED
NO. 44
LEAVES OF ABSENCE WITHOUT PAY
I transmit herewith notifications received by me, reporting the granting of the leaves of absence without pay, in the various
departments as listed:
Comptroller-M. Szukala
Police-M. Blady, J. Tucker, P. Gentzler
Fire-W. Biondolillo (Return from LOA-1/1/06)
Permit & Inspection Services-D. Randall
RECEIVED AND FILED
NO. 45
REPORTS OF ATTENDANCE
I transmit herewith communications received by me, from the various boards, commissions, agencies and authorities
reporting the membership attendance at their respective meetings:
Buffalo Sewer Authority-12/29/05
RECEIVED AND FILED.
NO. 46
NOTICES OF APPOINTMENTS-COUNCIL INTERNS
I transmit herewith appointments to the position of Council Intern.
Mr. Bonifacio moved the approval of the appointments to the position of Council Intern.
ADOPTED.
Appointment Effective January 3, 2006 in the Department of Common Council, Delaware District, to the position of Intern
VI, Seasonal at the flat starting salary of $10.00/hr.
Sherri Bagarozzo 141 Crestwood Ave. Buffalo, NY 14216
NO. 47
NOTICES OF APPOINTMENTS-SEASONAL/FLAT
I transmit herewith certificates received by me, reporting seasonal and flat salary appointments made in various
departments.
RECEIVED AND FILED.
DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS
Appointment effective December 27, 2005 in the Department of Public Works, Parks and Streets, Division of Water, to the
position of Clerk, Seasonal Appointment, at the flat starting salary of $8.15/hr.
Bonita Brown 100 Lockwood Avenue Buffalo, NY 14220
NO. 48
APPOINTMENTS-TEMPORARY, PROVISIONAL OR PERMANENT
I transmit herewith Appointments in the various departments made at the minimum (Temporary, Provisional or
Permanent) (as per contract requirements).
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
DEPARTMENT OF MAYOR
Appointment Effective January 4, 2006 in the Executive Department, Division of Mayor, to the position of Administrative
Assistant, Permanent, at the minimum starting salary of $33,545.
Gretchen Krieger 81 Rebecca Park Buffalo, NY 14207
DEPARTMENT OF PUBLIC WORKS, PARKS AND STREETS
Appointment Effective December 30, 2005 in the Department of Public Works, Parks and Streets, Division of Water, to the
position of Caulker, Permanent, at the minimum starting salary of $32,392.
Giuseppe A. Buscaglia 18 Dakota St. Buffalo, NY 14216
Appointment Effective December 24, 2005 in the Department of Public Works, Parks and Streets, Division of Buildings, to
the position of Senior First Class Stationary Engineer, Temporary, at the flat starting salary of $10.25/hr.
Andrew Krawchuk 427 Forest Avenue Buffalo, NY 14213
Appointment Effective December 29, 2005 in the Department of Public Works, Parks and Streets, Division of Streets, to
the position of Traffic Signal Specialist, Permanent, at the minimum starting salary of $29,327.
Anthony R. Disarno 103 Narragansett Rd. Buffalo, NY 14220
Appointment Effective January 3, 2006 in the Department of Public Works, Parks and Streets, Division of Water, to the
position of Water Treatment Supervisor, Provisional Promotion, at the minimum starting salary of $44,385.
Leonard Milioto 70 Avondale Place Buffalo, NY 14210
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
NO. 49
C. PALADINO-LDA-50 COURT ST.
1097 GROUP, LLC
295 MAIN STREET, SUITE 210 BUFFALO, NEW YORK 14203 (716) 854-0060
Based on our research, a simple majority of the Common Council (five votes) was required to approve the Land
Disposition Agreement between the Buffalo Urban Renewal Agency and 1097 Group, LLC. The Land Disposition
Agreement was approved by a 5-4 vote of the Common Council on December 27, 2005.
Accordingly, we respectfully request that the Common Council reflect that the Land Disposition Agreement was
th
properly approved at its December 27meeting and allow us to proceed with the project.
Thank you for your attention to this matter.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
NO. 50
ADELPHIA-CUSTOMER SATISFACTION SURVEY
Enclosed for your information is a copy of the Customer Satisfaction Survey conducted by Goldhaber Research
Associates, LLC between November 29 and December 7th 2005 for the City of Buffalo.
Please call me at 558-8545 if you should have any questions or comments.
RECEIVED AND FILED.
NO. 51
CALUMET BUILDING DEVELOPMENT
Please file the attached item for further discussion at the next Common Council session to be held January 10, 2006.
Thank in advance for your assistance in this matter.
The Board of Parking at its regular monthly meeting of December 29, 2005 approved the request for thirty-five (35)
monthly parking passes, at market rate, for the proposed developer of the Calumet Building.
Mr. Bonifacio moved:
That the request of the Buffalo Parking Board to approve 35 monthly parking passes, at a market rate, for the Calumet
Building is hereby approved.
PASSED.
AYES-9. NOES-0.
NO. 52
2006 CITY WIDE TREE BID (RE-BID)
On December 22, 2005 my company Manko Construction Service, was denied the ability to bid on the referenced above.
My company has been has been the contractor on this account for the last two year for the City of Buffalo. I have
impeccable credentials with the City Of Buffalo and Erie County.
After receiving our bid book for the 2006 Tree Contract, I meet Ed Porter a City Engineer assigned to this Contract on
December 16, 2005. I had found some discrepancies in the contract and discussed the following Mr. Porter. Our
conversation entailed the open ended side walk damage clause caused by city trees on page SIB-2 and the use of 10%
cashier check or a bid bond P1 and P 1 I.
On Page P 1 of the Bid Contract indicates the use of a cashier check for 10% of the bid price, or Bid Bond can be used.
For the past two years we have supplied a cashiers check for all of our bids. But on Page P-11 under Security the
document indicates if your bid is over $250,000.00 you must only us a bid bond only.
I had indicated to Mr. Porter that our bonding company might not be able to perform a bid bond with such a short time
frame. A request to Mr. Porter on December 21,2005 if we could us a Cashier Check for 10% of the bid amount. It was
also questioned if we could us our open invoices for work rendered as collateral for the bid. This process was brought to
my attention, that another contractor in Buffalo was allowed to bid a City Contract using open invoices to bid and be
awarded a City Contact.
On the day of December 22, 2005 it was still not clear if we could use a Cashiers check to bid the City Contract. The
bonding company had informed us On December 21, 2005 that even though they have provided all bonds for the City Of
Buffalo Tree Work that at this time they could issue a Bid Bond due to the lack of time to process the bond. My brother
Robert Manko Contacted Ed Porter at 9am on December 22, 2005 and Mr. Porter referred my brother over to the Jennifer
the assistant to the Commissioner of Public Works. Jennifer indicated that the Commissioner was in a meeting and that a
call to us would be priority when he is finished with his meeting. After calling back to Jennifer's desk for the next hour and
a half we eventually got a hold of Mrs. Bobbie Troy. Mrs. Troy indicated that Jennifer had left, and was on vacation.
Mrs. Troy, went and asked the commissioner if we could us the 10% check to bid and the commissioner indicated that we
could use the 10% Cashier Check to bid. We informed Mrs. Troy that it was 11 minutes before the bid opening and even
with a helicopter we could not be at city hall on time. We had to go to the bank and ready a Check and then drive to the
bid opening from Cheektowaga.
I was informed that the commissioner would allow us to bid by Mrs. Troy after 11 am due to the time constraint. Upon
th
arrival to City Hall and proceeding to the 5floor of Public Works we were denied the ability to bid the 2006 Tree
Contract. Mrs. Troy indicated the bid was at 11 am and that the bid was closed to all bidders and the Commissioner was
not in to accept our bid.
In light of that I am asking for a re-bid of the City Wide Tree Contract for 2006. Additionally our bid was less than the only
bid accepted by approximately $18,000.00 dollars.
If any additional information is need you may contact David Manko at 7 1-583-1462 or Robert Manko at 716-570-3413.
REFERRED TO THE COMMITTEE ON FINANCE, COMMISSIONER OF PUBLIC WORKS, PARKS & STREETS, AND
CORPORATION COUNSEL.
NO. 53
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 2 29O BROADWAY
NEW YORK, NY 10007-1866
This is in response to Resolution Number 124, adopted on November 3, 2005 by the Common Council of the City of
Buffalo requesting assistance from the U. S. Environmental Protection Agency (EPA) to demolish structures and
remediate the land at 537 Delavan Ave in Buffalo, New York. Your letter has been referred to the Region 2 Superfund
program for response.
The federal Superfund program responds to releases of hazardous substances, pollutants or contaminants that pose a
substantial risk to human health or the environment. The most significant hazardous waste sites in the nation are placed
on the National Priorities List (NPL) and are addressed through the remedial program. Short term and emergency
response actions that are required to address hazardous substances that threaten human health or the environment are
addressed through the removal program. Removal actions are generally short term responses that are designed to
ameliorate immediate threats. Although it is necessary, on occasion, to demolish a building in order to remove the
hazardous substances in a safe manner, building demolition does not normally fall within the scope of the removal
program.
EPA will conduct a Removal Site Evaluation (RSE) at the Delavan Ave site to determine ifa Superfund removal action is
required. In preparation for conducting the assessment we have contacted the New York State Department of
Environmental Conservation (NYSDEC) to obtain any available information. We will require permission from the owner to
enter and to take samples from the site. At this time we anticipate that EPA representatives will be able to initiate the site
investigation early in the new year.
Please be advised that EPA can, under certain circumstances, provide assistance through the Brownfields program.
Communities can apply for up to $200,000 to clean up sites contaminated with petroleum or hazardous substances. If you
would like to pursue the Brownfields program funding, please contact Larry D'Andrea of our Brownfields program at (212)
637- 4314.
If you have any questions concerning this matter, please contact Joseph Rotola of the Superfund removal program at
(732) 321-6652. Thank you for your interest in cleaning up our environment.
REFERRED TO THE COMMITTEE ON LEGISLATION, COMMISSIONER OF ECONOMIC DEVELOPMENT AND
PERMITS/INSPECTIONS, STRATEGIC PLANNING, PUBLIC WORKS, PARKS & STREETS, AND JUDGE NOWAK.
NO. 54
FACT SHEET
PROPOSED CLEANUP ACTIVITIES & RESTORATION PLAN
FRANCZYK PARK
Project Start: Spring 2006
Project No. B00174-9
INTRODUCTION
An environmental investigation report has been prepared and a cleanup plan is being proposed for Franczyk Park (the
site) by the City of Buffalo's Department of Public Works, in partnership with the New York State Department of
Environmental Conservation (DEC). The work will be performed during the spring of 2006, under the New York State
1996 Clean Water/Clean Air Bond Act "Environmental Restoration Program" (ERP).
A public meeting will be held on January 12, 2006, at the T.J. Dulski Community Center (see meeting announcement on
front of this page) to discuss the proposed cleanup and restoration activities for the park At the meeting, the City of Buffalo
and DEC representatives will be available to answer questions regarding the construction schedule and proposed cleanup
activities. The City of Buffalo will also have landscape architects available to discuss the future design of the park
facilities. In addition, The City will accept public comments and recommendations regarding the design and layout of
Franczyk Park's facilities.
Item on file in Clerk’s Office.
RECEIVED AND FILED.
REGULAR COMMITTEES
CIVIL SERVICE
(BONNIE E. RUSSELL, CHAIRPERSON)
NO. 55
APPOINTMENT
JR. ACCOUNTANT (INTER) (COMPT)
(ITEM NO. 8-DEC. 27, 2005)
That Communication 8, December 27, 2005 be received and filed and the temporary appointment of Ronald L.
Wachowski stated above at the intermediate starting salary of $29,682 effective on December 12, 2005 is hereby
approved.
PASSED.
AYES-9. NOES-0.
NO. 56
APPOINTMENT
LABORER II (INTER) (PW)
(ITEM NO. 22-DEC. 27, 2005)
That Communication 22, December 27, 2005 be received and filed and the permanent appointment of Johnnie
Davis stated above at the intermediate starting salary of $26,935 effective on December 14, 2005 is hereby approved.
PASSED.
AYES-9. NOES-0.
NO. 57
APPOINTMENT
SUPT. OF TRAFFIC SIGNAL SYSTEMS (INTER) (PW)
(ITEM NO. 23-DEC. 27, 2005)
That Communication 23, December 27, 2005 be received and filed and the permanent appointment of Gerald
E. Lewandowski stated above at the intermediate starting salary of $37,887 effective on December 15, 2005 is hereby
approved.
PASSED.
AYES-9. NOES-0.
NO. 58
APPOINTMENT
TRAFFIC SIGNAL SPECIALIST (MAX) (PW)
(ITEM NO. 24-DEC. 27, 2005)
That Communication 24, December 27, 2005 be received and filed and the permanent appointment of John
Armstrong stated above at the maximum starting salary of $33,392 effective on December 15, 2005 is hereby approved,
PASSED.
AYES-9. NOES-0.
NO. 59
NOTICES OF APPT.-TEMP./PROV./PERM. (C. CLK.)
(#44, 12/27)
That the above item be and the same hereby is received and filed.
ADOPTED.
FINANCE
(BRIAN C. DAVIS, CHAIRMAN)
NO. 60
BUFFALO CIVIC AUTO RAMPS (BCAR) COST SAVING ISSUES (LAW)
(#31, 12/27)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 61
PROPOSED PARKING AGREEMENT - COMFORT SUITES/FORMERLY JOURNEY'S END HOTEL
(ITEM NO. 42, C.C.P., DEC. 13, 2005)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Davis moved:
That the above item be and the same hereby is recommitted to the Committee on Finance.
ADOPTED.
NO. 62
J. WILEY-REQ. COMMON COUNCIL TO AMEND INTERMUNICIPAL COOPERATION AGREEMENT
(#52, 10/4)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 63
JOHNNIE B. WILEY STADIUM (LAW)
(#36, 11/29)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 64
RE-USE OF COB CLOSED LIBRARIES (UPDATED LIST) (LAW)
(#32, 12/27)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 65
DE-ICER/MELTING AGENTS (A&F)
(#35, 12/27)
That the above item be and the same hereby is referred to the Special Committee on Budget.
ADOPTED.
NO. 66
A. THOMPSON-SALT ABATEMENT
(#56, 12/27
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 67
RECONSIDERATION OF SIGNIFICANT INCREASES IN
ASSESSMENTS TO OPEN LOTS
(ITEM NO. 110, C.C.P., DEC. 27, 2005)
That the Buffalo Common Council hereby requests the Commissioner of Assessment and Taxation outline to
this body the steps taken to reevaluate parcels in the City of Buffalo and more specific parking facilities (lots and ramps);
and
That this Honorable Body does hereby go on record opposing such significant increases without having a plan to deal with
the negative impact of possible abandonment of property in Buffalo because taxes may increase anywhere from $40,000
to $171,000.
STND
ADOPTED 1 & 2 RESOLVES.
LEGISLATION
(RICHARD A. FONTANA, CHAIRMAN)
NO. 68
E. ADAMS, PETITION TO USE 105 VERPLANCK - ILLUMINATED GROUND SIGN W/READER BOARD
(ITEM NO. 58, C.C.P., DEC. 27, 2005)
That the petition of E. Adams, agent, for permission to use 105 Verplanck Street for a 4' x 8' irregular ground
sign, illuminated with a reader board be, and hereby is approved.
PASSED.
AYES-9. NOES-0.
NO. 69
LOCAL LAW INTRO. NO. 12 (2005) - DEPARTMENT OF FIRE
(ITEM NO. 107, C.C.P., DEC. 27, 2005)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Fontana moved:
That the above-mentioned item be and the same is hereby received and filed.
ADOPTED.
NO. 70
LOCAL LAW INTRO. NO. 13 (2005) - DEPARTMENT OF FIRE
(ITEM NO. 122, C.C.P., DEC. 27, 2005)
That after the public hearing before the Committee on Legislation on January 3, 2006, the Local Law as
contained in Item No. 122, C.C.P., December 27, 2005, be and the same hereby is approved.
PASSED.
AYES-9. NOES-0.
NO. 71
BOARD OF ASSESSMENT REVIEW-APPT.-MS. JOYCE MANCH
(#116, 12/27)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 72
D. BONIFACIO-REQ. J. TAURIELLO APPT.-ASSESSMENT BOARD
(#46, 12/27)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 73
BUILDING DEMOLITION (FIRE)
(#29, 12/27)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 74
M. MAHANEY-EST. OF LIBRARY BD. OF TRUSTEES
(#51, 12/27)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 75
OPPOSITION TO ALITO NOMINATION FOR U.S. SUPREME COURT
(#121, 12/27)
That the above item be and the same hereby is received and filed.
ADOPTED.
Messrs. Franczyk and Thompson were in the negative on this item.
NO. 76
APPOINTMENT MEMBER TO THE BICYCLE/PEDESTRIAN ADVISORY BOARD
(ITEM NO. 60, C.C.P., DEC. 13, 2005)
That the appointment of Blair Woods, residing at 362 Rhode Island, as a member of the Bicycle/Pedestrian Advisory
Board be, and hereby is adopted.
ADOPTED.
NO. 77
SCRAP PROCESSOR - 993-999 CLINTON STREET
(ITEM NO. 53, C.C.P., DEC. 13, 2005)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Fontana moved:
That the above item be recommitted to the Committee on Legislation.
ADOPTED.
NO. 78
USED CAR DEALER - 993-999 CLINTON STREET
(ITEM NO. 54, C.C.P., DEC. 13, 2005)
Mr. Fontana moved that the above item be recommitted to the Committee on Legislation.
ADOPTED.
NO. 79
WHOLESALE JUNK DEALER - 993-999 CLINTON STREET
(ITEM NO. 55, C.C.P., DEC. 13, 2005)
Mr. Fontana moved that the above item be recommitted to the Committee on Legislation
ADOPTED.
NO. 80
CREATION OF LIBRARY BOARD (LAW)
(#39, 12/13)
That the above item be and the same hereby is referred to the Special Committee on Budget.
ADOPTED.
COMMUNITY DEVELOPMENT
(Joseph Golombek Jr., Chairman)
NO. 81
LAND DISPOSITION AGREEMENT - 50 COURT STREET TO 1097 GROUP, LLC
(ITEM NO. 103, C.C.P., NOV. 29, 2005)
(ITEM NO. 96, C.C.P., DEC. 27, 2005)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved that the above item be recommitted to the Committee on Community Development.
ADOPTED.
No. 82
Downtown Renewal Phase II Urban Renewal Area - Sale of Land - 50 Court Street
(Item No. 5, C.C.P., Nov. 29, 2005) (Item No. 97, C.C.P., Dec. 27, 2005)
Mr. Golombek moved that the above item be recommitted to the Committee on Community Development.
ADOPTED
NO. 83
Court Tower Dev.-SEQR Lead Agency Designation (BURA)
(#38, 12/27)
That the above item be and the same hereby is received and filed.
Recommended by the Committee on Community Development,
ADOPTED
NO. 84
B. Davis-M. Chapman-Supp. Blk. Grant Fndg.-William/Emslie
YMCA Prog. Ctr. (Strat. Plan) (#1, 12/27)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 85
Waterfront Village Adv. Council (Strat. Plan.)
(#5, 12/27)
That the above item be and the same hereby is received and filed.
NO. 86
Start a Receivership Rev. Loan Fund (Strat. PI~)
(#11, 12/13)
That the above item be and the same hereby is received and filed.
ADOPTED.
ADOPTED
NO. 87
R. Eckert-Paul Blum Co.-Empire Zone Shift Res.-472 Franklin St, Bflo.
To 2205 Kenmore, Tonawanda (#62, 12/13)
That the above item be and the same hereby is received and filed.
ADOPTED.
NO. 88
BERC Pension Plan (# 123,3/22) (#104, 7/26)
That the above item be and the same hereby is received and filed.
ADOPTED.
RESOLUTIONS
NO. 89
BY: MR. BONIFACIO
Discharge Committee of the Whole
Appt. Comm. of Assessment
(Item 20, CCP 1/3/06)
Mr. Bonifacio moved that
Whereas, the above item is currently tabled in the Committee of the Whole and, Whereas, it is no longer
necessary for this item to be considered by that committee, Now Therefore Be It Resolved, that this Common Council
does hereby discharge the Committee from further consideration of this item, and this item is now before the Common
Council for its consideration.
Seconded by Mr. Fontana
Mr. Bonifacio now moved to confirm the Appointment of Bruna Michaux as Commissioner of Assessment
Seconded by Mrs. Russell
ADOPTED DISCHARGED
PASSED
AYES – 9 NOES – 0
NO. 90
BY: BONIFACIO
Discharge Committee of the Whole Appt. Comm. of Public Works (Item 21, CCP 1/3/06)
Mr. Bonifacio moved that
Whereas, the above item is currently tabled in the Committee of the Whole and, whereas, it is no longer necessary for this
item to be considered by that committee, Now Therefore Be It Resolved, that this Common Council does hereby
discharge the Committee from further consideration of this item, and this item is now before the Common Council for its
consideration.
Seconded by Mr Golombek
Mr. Bonifacio now moved to confirm the Appointment of Joseph Giambra as Commissioner of Public Works.
Seconded by Mr. Mr. Coppola
ADOPTED DISCHARGE
PASSED
AYES – 9 NOES – 0
NO. 91
BY: MR. BONIFACIO
Discharge Committee of the Whole Appt. Corporation Counsel
(Item 22, CCP I/3/06)
Mr. Bonifacio moved that
Whereas, the above item is currently tabled in the Committee of the Whole and, Whereas, it is no longer necessary for
this item to be considered by that committee, Now Therefore Be It Resolved, that this Common Council does hereby
discharge the Committee from further consideration of this item, and this item is now before the Common Council for its
consideration.
Seconded by Mr Coppola
Mr. Bonifacio now moved to confirm the Appointment of Michael Risman as Corporation Counsel.
Seconded by Mr. Davis
ADOPTED. DISCHARGE
PASSED
AYES – 9 NOES – 0
NO. 92
BY: MR. BONIFACIO
Discharge Committee of the Whole
Appt. Commissioner of Administration & Finance (Item 23, CCP 1/3/06)
Mr. Bonifacio moved that
Whereas, the above item is currently tabled in the Committee of the Whole and, Whereas, it is no longer necessary for
this item to be considered by that committee, Now Therefore Be It Resolved, that this Common Council does hereby
discharge the Committee from further consideration of this item, and this item is now before the Common Council for its
consideration.
Seconded by Mr Fontana
Mr. Bonifacio now moved to confirm the Appointment of James Milroy as Commissioner of Administration & Finance.
Seconded by Mr Davis
ADOPTED. DISCHARGE
PASSED
AYES – 9 NOES – 0
NO. 93
BY: MR. BONIFACIO
Discharge Committee of the Whole
Appt. Commissioner of Permits & Inspections
(Item 24, CCP 1/3/06)
Mr. Bonifacio moved that
Whereas, the above item is currently tabled in the Committee of the Whole and, Whereas, it is no longer
necessary for this item to be considered by that committee, Now Therefore Be It Resolved, that this Common Council
does hereby discharge the Committee from further consideration of this item, and this item is now before the Common
Council for its consideration.
Seconded by Mr. Franczyk
Mr. Bonifacio now moved to confirm the Appointment of Richard Tobe as Commissioner of Permits & Inspections.
Seconded by Mr Davis
ADOPT Discharge
PASSED
AYES – 9 NOES – 0
NO. 94
By: Mr. Bonifacio
From the Majority Leader of the Council
Re: Board of Assessment Review
That this Common Council does hereby appoint Mr. Richard S. Abrahamson of 117 Norwood Avenue, Buffalo, New York
14222, to the Board of Assessment Review for the term ending September 20, 2006.
ADOPTED
NO. 95
RESOLUTION
MR DAVIS
Empire Zone Shift of Operation - Paul Blum Company
Whereas: The Paul Blum Company (PBCO) is currently located within the City of Buffalo Empire Zone at 437 Franklin
Street; and
Whereas:The Paul Blum Company (PBCO) currently employees five full-time employees and one part-time employee,
who are residents of the City of Buffalo or surrounding suburbs; and
Whereas:Due to the owner of the building at 437 Franklin Street having sold the property, making it necessary that the
Paul Blum Company must relocate its operation to another location by the end of November, 2005; and
Whereas: The Paul Blum Company (PBCO) will relocate to 2205 Kenmore, Suite 102, Tonawanda, NY 14207, which is
located within a City of Buffalo Empire Zone;
Now, Therefore, Be It Resolved That:
This Common Council consents to the relocation of the Paul Blum Company (PBCO) from 437 Franklin Street to 2205
Kenmore, Suite 102, which is located within a City of Buffalo Empire Zone.
PASSED
AYES – 9 NOES – 0
NO. 96
By: Brian C. Davis
Permission to Hang Banners on Elm Street and Broadway
Whereas: Choco-Logo Confectionery Design would like to hang a banner at the northeast corner of Elm Street and
Broadway to advertise their business; and
Whereas: Choco-Logo Confectionery Design has requested the said banner be displayed from Wednesday, February 1,
2006 through Saturday, April 1, 2006; and
Now Therefore Be It Resolved That:
The Common Council of the City of Buffalo grants permission to Choco-Logo Confectionery Design to display a banner for
advertisement of their business
Be It Further Resolved That:
Choco-Logo Confectionery Design will purchase the necessary bond before the banner is hung. Said banner shall meet
all the requirements of pertinent City Department's and no existing laws should be violated.
PASSED
AYES- 9 NOES – 0
NO. 97
BY MR DAVIS
CO SPONSOR MR KEARNS
THE ECC DOWNTOWN COMMUNIVERSITY CAMPUS
ECC-City Campus occupies two blocks of Downtown Buffalo, and would like to expand its site to create a world class
community college; and
Burke Builder and Developer has outlined a development plan for the Campus to include student apartments, retail shops,
restaurants, and a contemporary 60 room hotel; and
The hotel would serve as a learning lab for the ECC hospitality and food service students, and would be similar to the
Cornell University Hotel, but on a smaller scale; and
ECC and other educational partners would occupy the campus, such as the University at Buffalo, Niagara University, St.
Bonaventure and Buffalo State College, and would allow ECC students to transfer their credits and work toward
Bachelor's, Masters and other degrees; and
The total cost of this project is estimated at $80 Million Dollars, and financing will include the Pilot Incrimental Financing
program in cooperation with New York State and Erie County.
Now Therefore Be It Resolved:
That the Buffalo Common Council fully supports this project and believes it would be beneficial to the Downtown Buffalo
area, and the current plan
for the Downtown Development Zone.
ADOPTED
NO. 98
BY: MR. COPPOLA
CITY OF BUFFALO
LOCAL LAW NO. -- (2005)
INTRODUCTORY NO. 1 (2006
A Local Law amending the Charter of the City of Buffalo in relation to the Department of Fire
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF BUFFALO AS FOLLOWS:
Section 1. That Article XIV of the Charter of the City of Buffalo, adopted pursuant to law, is hereby amended as follows:
Article XIV, Department of Fire
§ 14-10 Destroying Buildings
The commissioner, any deputy commissioner or any battalion chief or division chief on duty [at a conflagration] during or
after a fire emergency or fire related emergency may direct and cause to be torn down, [blown up] or otherwise destroyed
any burning building or any other buildings which he or she deems hazardous to the public and likely to take fire or to
convey the fire to other buildings.
Section 2. Insofar as the provisions of this local law are inconsistent with the provisions of any other local law or act, the
provisions of this local law shall be controlling.
Section 3. This local law shall take effect immediately.
APPROVED AS TO FORM
NOTE: Matter under lined is new, matter in brackets is to be deleted.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 99
BY: DAVID FRANCZYK
RE: FRANCZYK PARK SITE REMEDIATION, SEQRA DETERMINATION
WHEREAS, Prior to the implementation of the above-referenced project, the requirements of the New York State
Environmental Quality Review Act (SEQRA) must be satisfied and
WHEREAS, the project, as defined Under SEQRA is a Type I action for which a coordinated environmental review must
be completed; and
WHEREAS: A Lead Agency responsible for determining the effect of the action on the environment must be designated
from among the involved agencies; and
WHEREAS: The other agencies involved in either funding, permitting or approving the project are the New York State
Department of Environmental Conservation, the City of Buffalo Department of Public Works and the Buffalo Planning
Board; and
WHEREAS: the Buffalo Common Council was designated Lead Agency Status; and
WHEREAS: Parts 1 and 2 of the Full Environmental Assessment Form have been completed by the Office of Strategic
Planning and set forth the Project Information and Project Impacts and Their Magnitude
WHEREAS: This Body has reviewed the above referenced information and based upon this review of the environmental
information, this Body has determined that the undertaking of this action does not pose any significant adverse harm and
will not constitute an action adversely affecting the quality of the environment. The Project will remove threats to human
health, remove environmental threats and substantially improve and enhance a popular local neighborhood recreational
facility. The Project will result in benefits to the human and natural environment.
NOW THEREFORE BE IT RESOLVED: That this Body, acting as lead agency has determined that this project will not
adversely affect the quality of the environment and therefore issue and approve the attached Negative Declaration and
Notice of Determination of Non- Significance.
NOW THEREFORE BE IT FURTHER RESOLVED : That upon approval of this Resolution, The Council will circulate the
Negative Declaration and Notice of Determination of Non Significance to the involved agencies.
PASSED
AYES - 9 NOES - 0
NO. 100
SPONSOR: MR. KEARNS
COUNCIL NOTIFICATION OF BUFFALO WATER BOARD WATER SERVICE SHUTOFF'S
Whereas Many Common Council Members receive constituent complaints after the fact regarding the Buffalo Water
Board's termination of City water service; and
Whereas Water service is vital and any disruption thereof could have a devastating impact on the health, safety and
quality of life of City residents. Customers can experience added costs from damage that occurs to pipes and appliances
if service is shut-off prematurely or without notice; and
Whereas Despite repeated efforts by the Buffalo Water Board to notify customers of it's intended action, customer
frustration occurs when the water service is terminated for non-payment and more so in situations where children, the
elderly and/or the invalid are involved; and
Whereas In many cases, due to the circumstances beyond anyone's control or knowledge, some individuals may be
unaware of the consequence of their inaction or they may simply be intimidated by the Buffalo Water Board policies and
procedures; and
Whereas This Honorable Body encourages timely payment for City services and recognizes that the entire process
impacts on the financial and operating stability of the Buffalo Water Board which is wholly dependent on the timely and
accurate payment of current and prior billings; and
Whereas The district Common Council Member also has a stake in this matter. If they were notified of the impending
shutoff/termination of water service, they might be able to assist their constituents in obtaining outside help and continuing
water service without disruption.
Now Therefore Be It Resolved:
That this Honorable Body hereby requests of the Buffalo Water Board to respond to this Council of the feasibility of
providing district Common Council members with advance notice of any impending water service shutoffs and/or
terminations for customer non-payment.
Now Therefore Be It Further Resolved:
That this item be referred to the appropriate Council Committee for further action.
st
ADOPT 1 RESOLVE THE REMAINDER REFERRED TO THE COMMITTEE ON FINANCE
NO. 101
BY: MR. KEARNS, MR. FONTANA
FLOOD INSURANCE
Whereas The residents of South Buffalo and Kaisertown are burdened with the responsibility of purchasing flood
insurance as requested by their mortgage holders. Such Flood insurance is costly and in most cases, is completely
unnecessary for the homeowners; and
Whereas In order to collect on such insurance the home must flood through the first floor doors or windows. Any
basement flooding is not covered. Typical construction in our area elevates homes five feet in order to accommodate the
basement foundation. This type of construction was designed to eliminate the need for the flood coverage, however
coverage is still a mandatory condition of the loan; and
Whereas: On almost an annual basis, the City of Buffalo suffers a loss of revenue due to overtime expenses and clean up
after the ice jams and high water levels created by a quick thaw; and
Whereas Property owners who currently hold mortgages or home improvement loans on properties located in the
designated flood plains in the South District are required by the Federal Emergency Management Agency (FEMA) to
purchase flood insurance policies on their property; and
Whereas This mandatory payment of flood insurance is creating a financial hardship on many residents who live in close
proximity to the Buffalo River or Cazenovia Creek. In some areas it is contributing to the deterioration of neighborhoods by
preventing new development while also detering the sale of property in the designated flood plain; and
Whereas: For almost 5 years the Council, with the assistance of Commissioner Joseph Giambra, and the Department of
Public Works has had ongoing discussions with representatives from the Federal Emergency Management Agency
(FEMA) and Senator Charles Schumer's office; and
Whereas: To date nothing has been resolved to offer relief to the residents who live in the designated flood plain the
South District.
Now, Therefore, Be It Resolved:
That Senator Charles Schumer and Hillary Clinton as well as Congressman Brian Higgins assist in an investigation as to
the status of all encumbered funding and to the status of need for mortgage holders to have special flood insurance while
in the 100 year old flood zone.
Now, Therefore, Be It Finally Resolved:
That the City of Buffalo City Clerk send certified copies of this resolution to Senators Charles
and Hillary Clinton and Congressman Brian Higgins.
ADOPTED
NO. 102
BY: MR. THOMPSON
COSPONSOR MR. DAVIS
REQUESTING FEDERAL ASSISTANCE FOR DARFUR, SUDAN
Whereas: The Save Darfur Coalition is an alliance of over 140 diverse faith-based, humanitarian, and human rights
organizations, assembled to raise public awareness and to mobilize efforts to help end the atrocities and reduce the
suffering in Darfur and nearby refugee camps. Two years into the crisis, the western Sudanese region of Darfur is
acknowledged to be a humanitarian and human rights tragedy of the first order; and
Whereas: Open warfare erupted in Darfur in early 2003 when the two loosely allied rebel groups, the Sudan Liberation
Movement/Army (SLA) and the Justice and Equality Movement (JEM), attacked military installations. In response, the
"Janjaweed" militias have over the past year received government support to clear civilians from areas considered disloyal
to the Sudanese government; and
Whereas: The war, which risks inflicting irreparable damage on a delicate ethnic balance of
seven million people, is actually multiple-intertwined conflicts:
1. Conflict between government-aligned forces and rebels.
2. Indiscriminate attacks of the government-sponsored Janjaweed militia on civilians.
3. Struggle among Darfur communities themselves.
Whereas: Negative trends have been developing since the last quarter of 2004: deteriorating security; a credible threat of
famine; mounting civilian casualties; the cease fire in shambles; the negotiation process at a standstill; the rebel
movements beginning to splinter, and new armed movements appearing in Darfur and neighboring states. Chaos and a
culture of impunity are taking root in the region; and
Whereas: Not since the Rwanda genocide of 1994 has the world seen such a calculated campaign of slaughter, rape,
starvation and displacement. It is estimated that at least 250,000 people have died. More than 2 million people have been
displaced from their homes and over 200,000 have fled across the border to Chad. The Sudanese government continues
to ignore international law with impunity; and
Now, Therefore Be It Resolved That:
This Common Council hereby requests that President George W. Bush intervene in the crisis in Darfur, Sudan and that
resources be allocated to bring Sudanese victims to Buffalo, NY.
Now, Therefore Be It Finally Resolved That:
This Common Council hereby requests that copies of this resolution be forwarded to the local branches of Citizen Action
on NY, the NAACP, the NCCJ, Jewish Federation of Greater Buffalo, Temple Beth Zion, Jewish Family Services, the
Western New York state and federal delegations, United Nations, and President George W. Bush.
ADOPT
NO. 103
BY MR. THOMPSON
FELICITATIONS/IN MEMORIAM
Attached hereto are Felicitation and In Memoriam Resolutions sponsored by Members of the Common Council as
indicated:
Felicitation for Dane R. Smith
By Councilmember All Councilmembers
By Councilmember
ADOPTED
NO. 104
ANNOUNCEMENT OF COMMITTEE MEETINGS
th
The following meetings are scheduled. All meetings are held in the Common Council Chambers, 13floor City Hall,
Buffalo, New York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, January 17, 2006 at 9:30 o'clock A.M.
Committee on Finance following Civil Service Tuesday, January 17, 2006 at 10:00 o'clock A.M.
Committee on Legislation Tuesday, January 17, 2006 at 2:00 o'clock P.M.
Committee on Comm. Dev. A.M. Wednesday, January 18, 2006 at 10:30 o'clock
Special Committees
Budget Thursday, January 12, 2006 at 10:00 a.m. in Room 1417 City Hall.
(Public Disclaimer): All meetings are subject to change and cancellation by the respective Chairmen of Council
Committees. In the event that there is sufficient
time given for notification, it will be provided. In addition, there may be meetings set up whereby the City Clerk's Office is
not made aware; therefore, unless we receive notice from the respective Chairmen, we can only make notification of what
we are made aware.
NO. 105
ADJOURNMENT
On a motion by Mr. Bonifacio, Seconded by Mr. Coppola, the Council adjourned at 3:05 pm
GERALD CHWALINSKI
CITY CLERK