HomeMy WebLinkAbout09-0428-0416pp (2)
No. 9
PROCEEDINGS
OF THE
CITY OF BUFFALO
APRIL 28, 2009
PENSION PROCEEDINGS
APRIL 16, 2009
MAYOR
Hon. Byron W. Brown
COMPTROLLER
Andrew Sanfilippo
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
FILLMORE DISTRICT
DAVID A. FRANCZYK
PRESIDENT PRO TEMPORE
SOUTH DISTRICT
MICHAEL P. KEARNS
MAJORITY LEADER
LOVEJOY DISTRICT
RICHARD A. FONTANA
DISTRICT COUNCIL MEMBERS
BRIAN C. DAVIS – ELLICOTT
DEMONE A. SMITH – MASTEN
MICHAEL J. LO CURTO – DELAWARE
JOSEPH GOLOMBEK JR. – NORTH
DAVID A. RIVERA- NIAGARA
BONNIE C. RUSSELL-UNIVERSITY
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Bonnie E. Russell Chairman, Brian C. Davis, Michael P. Kearns, David A. Rivera,
Joseph Golombek Jr. -Members
CLAIMS COMMITTEE: David A. Rivera Chairman, Michael P. Kearns, Richard A. Fontana, Bonnie E. Russell -
Members
COMMUNITY DEVELOPMENT COMMITTEE: Michael LoCurto, Chairman, Richard A. Fontana, Joseph Golombek
Jr.,
David A. Rivera, Demone Smith - Members
FINANCE COMMITTEE: Michael P. Kearns, Chairman, Brian C. Davis, Michael J. LoCurto, David A. Rivera,
Bonnie E. Russell - Members.
LEGISLATION COMMITTEE: Joseph Golombek Jr., Chairman, Brian Davis, Richard A. Fontana,
Michael LoCurto, David Rivera-Members.
RULES COMMITTEE: David A. Franczyk, Chairman, Michael P. Kearns, Richard A. Fontana - Members
SPECIAL COMMITTEES
BUDGET COMMITTEE: Richard A. Fontana., Chairman, Michael P. Kearns, Michael J. LoCurto, Demone Smith -
Members
EDUCATION COMMITTEE: Demone Smith, Chairman, Brian C. Davis, Richard A. Fontana, Members
MINORITY BUSINESS ENTERPRISE COMMITTEE: Demone Smith Chairman, Brian C. Davis, Richard A. Fontana,
Joseph Golombek Jr., David A. Rivera, Members
POLICE OVERSIGHT: Brian C. Davis, Chairman, Richard A. Fontana, David A. Rivera, Bonnie E. Russell, Demone
Smith – Members
PUBLIC TRANSPORTATION: Michael P. Kearns, Chairman, Richard A. Fontana, Michael J. LoCurto, David A.
Rivera - Members
WATERFRONT DEVELOPMENT COMMITTEE: Michael P. Kearns, Chairman, Brian C. Davis, Joseph Golombek,
Jr, David A. Rivera, members
INVOCATION PLEDGE TO FLAG DATE April 28, 2009
FINAL
MAYOR
1. Appt BMHA Board of Commissioners(Shell) APP W/COND
2. Appt Special Asst to the Deputy Mayor(Roberts) CS
MAYOR – EXECUTIVE
3. Plan Bd- Oak St Urban Renewal Plan Amendment Pl Bd Affirmative Res R&F
4. Plan Bd-SEQR-Positive Decl-Bflo Niag Med Campus-100 High St(Ell) R&F
5. Strat Plan-Abandonment/Sale Portion of South Pierce(Lov)(hrg 4/28) APP W/COND
6. Strat Plan-Contract Award-1318 Niagara St-Env Investigation & Cleanup APP
7. Strat Plan-Report of Sale-94 East (North) APP
COMPTROLLER
8. Audit Report-City Recycling Program 1/1/05-5/31/08 FIN,PW
COUNCIL PRESIDENT
9. Schedule of Meetings and Budget Hearings May 1 to May 12, 2009 BUDGET
PUBLIC WORKS
10. Perm to Hire a Consultant-FHWA & NYSDOT-Design, Insp &
Const Seneca St(South) APP
POLICE
11. Change in Contract-Bflo Police Dept Bldg Security APP
12. Drug Asset Forfeiture Wire Transfers R&F
13. Justice Assistance Grant(JAG) Stimulus Program APP
PERMITS AND INSPECTIONS
14. Food Store License-1069 Broadway(Fill) LEG
15. Restaurant Dance(Renewal) 946 Elmwood (North) APP
16. Restaurant Dance(Renewal) 1110 Elmwood (North) APP
17. Restaurant Dance(Renewal) 1 Main, Harbor Club (Fill) APP
18. Restaurant Dance(Renewal) 1 Main, Harbor Club 200 Level (Fill) APP
19. Restaurant Dance(Renewal) 1 Main, Headlines Bar (Fill) APP
20. Restore NY Communities Initiative-Municipal Grant Program CD
21. Second Hand Dealer-333 Connecticut St(Nia) APP
ZONING BOARD OF APPEALS
22. Approval of Slaughterhouse at 1285 William St (Fill)-With Conditions LEG
SEWER AUTHORITY
23. Operating Budget FY 2009-2010 FIN
CITY CLERK
24. Liquor License Applications R&F
25. Leaves of Absence R&F
26. Reports of Attendance R&F
27. Notices of Appointment-Seasonal R&F
MISCELLANEOUS
28- 27A COB Common Council Annual Action Plan BUDGET
29- 28. Negative Declaration-Abandonment/Sale-Portion of
South Pierce(Lov) ADOPT W/COND
30- 29. D. Franczyk-D. Dankowski- Concerns Loud Noise From Car Boom Boxes LEG
31- 30. J. Gardella, Jr-Response to Mayor Re Expansion Battaglia Transfer Station R&F
32- 31. J. Giannetto-Oppose Proposed Taxi Surcharges/Taxes on Taxi Rides R&F
33- 32. GBNRTC-Notice of Meeting 5/6/09 R&F
34- 33. M. Kearns, D. Franczyk, R. Fontana, D. Rivera-Req Additions to the
Upcoming Bond Sale FIN
35- 33A M. LoCurto-COB Resp to HUD Determinations-CDBG CD
36- 34. NYSDOT-Outer Harbor Transp Project Funded through Stimulus Package W/FRONT
37- 35. NYSDOT-Designation of Restricted Highway-Rt 33 and 198 LEG,PW
38- 36. Olmsted Parks-Scajaquada Trail Groundbreaking-Jesse Kregal Pathway R&F
39- 37. A. Thompson-Article-Full West Valley Excavation Urged R&F
40- 38. A. Thompson-Oppose Sale of Wine in Supermarkets R&F
41- 39. W. Trezevant-Request Investigation Re Allegations COW,ETHICS
42- 40. Various Businesses Against Operation of a Slaughterhouse LEG
PETITIONS
43- 41. S. Meli, Owner, Use 716 Elmwood Ave to Extend Restaurant(Del)(hrg 5/5)LEG,CPBD
44- 42. M. Romanowski, Agent, Rezoning 294-336 Maple St
From R-2 to C-1(Ell)(hrg 5/5) LEG,CPBD,ZONING
RESOLUTIONS
75- 43. Fontana, etc Establish a City Corps Partnership btwn COB and WNY
STND
Americorps Vista ADOPT 1 & 2 RES REM TO FIN
76- 43A Fontana Disch Leg-CCP# 22,4/14/09-Food Store
License 2594 Bailey ADOPT D/C APP
77- 44. Golombek Reduce Common Council Term From 4 Yrs to 2 Yrs R&F
78- 44A Kearns Grant Permission to Sorrento Lactalis Commercial Inc
Hang Banner on South Park Ave ADOPT
79- 45. Smith Comm of Deeds Public Duties ADOPT
80. 46. Smith Comm of Deeds ADOPT
SUBMISSION LIST OF COMMITTEE ITEMS FOR THE COUNCIL MEETINGS
CIVIL SERVICE
45- 1. Com 20 Apr 14 Appt Crime Analyst (Perm)(Max)(Marciano)(Pol) APP
46- 2. Com 21 Apr 14 Appt Assistant Corp Counsel II (perm)(Inter)(Cooper)(CC) APP
47- 3. Com 36 Apr 14 Notices of Appointments-Temp/Prov/Perm (Cty Clk) R&F
FINANCE
48- 4. No 37 Apr 14 Buffalo Water Board-Monthly Operations Report March 2009 R&F
COMMUNITY DEVELOPMENT
49- 5. No 43 Apr 14 M. LoCurto-Resubmit Req for Info Adoption Annual Action
Plan 2009-10 R&F
50- 6. No 57 Apr 14 M. Kearns-R. Speth-Conditions of Caz Park and Casino PARKS O/S
51- 7. Res 73 Mar 17 Designate Central Terminal as Fast Speed Rail Hub
ndrd
(Except 2 & 3 Res) ADOPT
52- 8. No 26 Feb 17 R. Graber-Corres. Updated Proposal To Est. EC Planning Bd R&F
53- 9. Com 10 Mar 17 Results Neg-851 Northampton (Mas)(Strat Plan) RECOMMIT
54- 10. Res 57 Jan 6 COB Projects/Fed Funding Request From Obama
stnd
Admin(except 1 & 2 Res) ADOPT
LEGISLATION
55- 11. Com 23 Apr 14 Food Store License-825 Broadway (Fill)(EDPI) APP
56- 12. Com 25 Apr 14 Food Store License-108 William (Ell)(EDPI) APP
57- 13. Com 29 Apr 14 Approve MEM of Agmt Btwn BMHA and
Local 264(BMHA) RECOMMIT
58- 14. Com 30 Apr 14 Notice of Intention-Petition to Change the Name of Sweet Ave to
Madinah Ave(hrg 4/28)(CtyClk) APP
59- 15. No 41 Apr 14 Erie Canal Harbor Devel Corp-Notice of Proposed Lead Agency
Designation Proposed Buffalo Harbor Bridge R&F
60- 16. No 47 Apr 14 NYSDEC-Update on Env Investigaton-Bflo China Site R&F
61- 17. No 54 Mar 31 N. Abraham, Agent, Use 210 Porter-Erect Masonry Addition
for A Take Out Restaurant(hrg 4/7) APP W/COND
62- 18. No 57 Mar 31 R. Banks, Owner, Use 1256 Hertel, Reestablish Restaurant in the Hertel
Ave. Special Dist(Del)(no pub hrg) APP
63- 19. Com 32 Mar 31 Second Hand Dealer-1495 Hertel Ave (Del)(EDPI) APP
64- 20. No 84 Mar 31 Brother Michael Oberst, Agent, Use 807 Clinton for a HSF
(Fill)(no pub hrg)(#52, 3/17) APP W/COND
65- 21. No 94 Mar 31 Restaurant Dance Class III 110 Pearl (Ell)(EDPI)(#24, 3/3)RECOMMIT
66- 22. No 53 Mar 17 J. Daly, Owner, Use 1854 Hertel for an Outdoor Patio
(Univ)(no pub hrg) APP
67- 23. No 35 Feb 17 J. Stewart, Use 1358 Kensington for a HSF(Univ)(No Pub Hrg) R&F
68- 24. No 52 Nov 12 D. Smith-American Water Services-Letter Re Water Service Leak R&F
69- 25. No 58 Oct 28 Lodging House License 194 Chadduck (Re-submitted)(North)(EDPI)
(#17, 10/14) APP
70- 26. Com 41 Mar 4 Sweet Ave-Proposed Street Name Change(Fill)(PW) R&F
71- 27. No 35 Mar 18 D. Boardman US Post Office-Response Proposed
St Name Change Sweet Ave R&F
72- 28. Com 47 Feb 19 I. Memon-Req Name Change Sweet Ave to Madinah Ave (Fill) R&F
PUBLIC TRANSPORTATION
73- 29. No 41 Mar 31 M. Kearns-J. Driscoll-Info Re Transportation R&F
74- 30. No 63 Apr 14 M. Kearns-M. Razmus- Concerns-NFTA
Abbott Road Bus Concern (#43,3/31) R&F
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, APRIL 28, 2009
AT 2:00 P.M.
Present - David A. Franczyk, President of the Council, and Councilmembers: ,Davis, Fontana, Golombek, Kearns, LoCurto,
Rivera, Russell, Smith - 9
Absent - 0
On a motion by Mr. Fontana, Seconded by Mrs. Russell, the minutes of the stated meeting held on April 14, 2009 were
approved.
FROM THE MAYOR
NO 1
APPT BMHA BOARD OF COMMISSIONERS(SHELL)
Pursuant to New York State Public Housing Law 30, 34 and 404, I hereby appoint Jason C. Shell, 489 Delaware Avenue, Apt 3,
Buffalo, New York, 14202 to serve as a member of the Buffalo Municipal Housing Authority Board of Commissioners, commencing
immediately and expiring October 19, 2013.
Jason Shell currently serves in the position of Intergovernmental Affairs Coordinator for the Buffalo Sewer Authority,
I Hereby certify that Jason C. Shell is fully qualified to serve as a member of the Buffalo Municipal Housing Authority Board of
Commissioners.
Mr. Fontana moved:
That the above communication from the Mayor dated April 16, 2009, be received and filed; and
That the appointment of Jason C. Shell, residing at 489 Delaware Avenue as a member of the Buffalo Municipal Housing Authority
Board of Commissioners, commencing immediately and expiring October 19, 2013, be and hereby is approved on the condition that
they do not owe any outstanding liens to the City of Buffalo.
PASSED
AYES - 9 NOES - 0
NO 2
APPT SPECIAL ASST TO THE DEPUTY MAYOR (ROBERTS)
Certificate of Appointment
In compliance with provisions of Section 24-2 of the Charter and Chapter 35-1 of the Ordinances of the City of Buffalo, I transmit
this certification of appointment(s) or promotion(s). I further certify that the person(s) named in Schedule "A" have been certified or
approved by the Human Resources/Civil Service for the
Appointment Effective April 20, 2009 in the Department of Executive Division of Mayor to the Position of Special Assistant to the
Deputy Mayor, Exempt, Flat Starting Salary of $39,191.
Bartholomew Roberts, 539 Norwood Avenue, Buffalo 14222
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE CITY PLANNING BOARD
NO 3
PLAN BD-OAK ST URBAN RENEWAL PLAN AMENDMENT PL BED AFFIRMATIVE RES
The City Planning Board at its regular meeting held Tuesday, April 21, 2009, considered the matter captioned above pursuant to
Section 511-126 of the Buffalo Code, Urban Renewal.
The City Planning Board voted to adopt the following resolution:
RESOLUTION OF THE CITY OF BUFFALO PLANNING BOARD
Amendment to the Urban Renewal Plan for the Oak Street Redevelopment Project
WHEREAS, the Buffalo Niagara Medical Campus ("BNMC") proposes to undertake the development of major new medical facilities
at the north end of its campus complex; and
WHEREAS, the City Planning Board desires to clarity the development process for the BNMC, as well as other contemplated
development projects within the urban renewal area of the Urban Renewal Plan for the Oak Street Redevelopment Project ("Plan");
and
WHEREAS, to clarify the Plan, references to "the Commissioner of Urban Renewal" need to be changed; and
WHEREAS, the Plan gives the Commissioner of Urban Renewal responsibilities such as reviewing development projects and
determining their conformance with the Plan; and
WHEREAS, subsequent to approval of the Plan, amendments to the City Charter eliminated the position of the Commissioner of
Urban Renewal; and
WHEREAS, to clarify the development process in the Plan and to protect developers, the Buffalo Urban Renewal Agency, and the
City of Buffalo from litigation, the Plan requires an amendment; and
WHEREAS, discussions among City Planner Andrew Eszak, Principal Planner Bill Grillo, and BURA Counsel Scott Billman have
led to the suggestion that references in the Plan to the "Commissioner of Urban Renewal" be changed to "the Director of the Office
of Strategic Planning or the Director's designee;" and
WHEREAS, pursuant to requirements of the Plan, the proposed amendment was sent to the U.S. Department of Housing and
Urban Development did not find that the amendment was a "change in the basic element of the plan;" and
WHEREAS, the Plan now requires the amendment be adopted by "resolution of the City Planning Board, by ordinance of the
Common Council of the City of Buffalo, and by resolution of the Agency;"
Now Therefore, Let It Be Resolved:
1. That with the authority granted to the City of Buffalo Planning Board in the in the Urban Renewal Plan for the Oak Street
Redevelopment Project, the City Planning Board supports references to the "Commissioner of Urban Renewal" being amended to
read "the Director of the Office of Strategic Planning or the Director's designee."
James A. Morrell, Chairman
City of Buffalo Planning Board
RECEIVED AND FILED
NO 4
PLAN BD-SEQR-POSITIVE DECL-BFLO NIAG MED CAMPUS-100 HIGH ST(ELL)
State Environmental Quality Review Act Involved Agency Findings Statement Findings to Approve
Pursuant to Article 8 (State Environmental Quality Review Act - SEQRA) of the Environmental Conservation Law and 6 NYCRR
Part 617, the City of Buffalo Planning Board as Lead Agency makes the following findings.
Name of Action: Buffalo Niagara Medical Campus - North End Development
Buffalo General Hospital Loading Dock
Applicant: Kaleida Health
SEQRA Status: Type 1, Positive Declaration
Description of Action: Kaleida Health is proposing to reconstruct and reconfigure the loading dock
for Buffalo General Hospital located on the south side of Goodrich Street between Ellicott Street and Michigan Avenue.
Location: 100 High Street, Buffalo, New York
Lead Agency: City of Buffalo Planning Board
Agency Jurisdiction: Pursuant to §511-145 et seq., the City of Buffalo Planning Board ("Planning Board") must conduct site plan
review over construction projects which exceed $100,000 in costs.
Date Final Generic Environmental Impact Statement Accepted: January 14, 2009
Date of Lead Agency's Findings Statement: January 27, 2009
Contact: William P. Grillo
City of Buffalo Office of Strategic Planning
901 City Hall
Buffalo, New York 14202
Phone: (716) 851-5086
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
RECEIVED AND FILED
FROM THE OFFICE OF STRATEGIC PLANNING
NO 5
STRAT PLAN-ABANDONMENT/SALE PORTION OF SOUTH PIERCE(LOV)(HRG 4/28)
The Office of Strategic Planning, Division of Real Estate, has received a request from Mr. & Mrs. Daniel Derenda, 12 Dover, Buffalo,
New York 14212 to purchase 18’ feet of the easterly portion of South Pierce, a paper Street 30' x 245'. In 2002 the Common Council
authorized the abandonment and sale of the easterly portion of South Pierce Street to the former owner of 41 South Pierce. The
abandonment was not finalized when the former owner decided not to construct a home at the site.
Daniel and Michelle Derenda purchased 41 South Pierce, a vacant lot 56' x 245', in order to build a two-story single family home.
The Derendas also own an adjoining vacant parcel adjacent to 41 South Pierce, a non-buildable lot. The purchase of an 18’ x 245'
portion of South Pierce Street allows Mr. and Mrs. Derenda more room for constructing a new home. Acquiring only 18’ width leaves
a 10' strip of the Paper Street in the City's name and provides public access to the Buffalo River.
The Division of Real Estate forwarded the request to the Land Use Planning Committee, Division of Planning, Department of Public
Works, Parks & Streets, Buffalo Sewer Authority, Fire, Police and the City Planning Board for their review and recommendations.
The City Planning Board at their meeting of February 24, 2009 recommended that the City of Buffalo retain ten (10) feet of the paper
street to provide public access to the city-owned land along the Buffalo River. The Division of Planning has also recommended the
retention of the ten feet and that the property be sold subject to easements of record. The Department of Public Works has no
objection to the abandonment and recommends that the official closing/abandonment of the 18’ x 245' portion of South Pierce will
not become effective until the deed conveying title of the property is filed in the Erie County Clerk's Office and that the property is
sold subject to easements of record.
Also, attached to this communication is the SEQR Short Environment Assessment Form, which was prepared by the project
sponsors and an internal review of SEQR applicability prepared by the Office of Strategic Planning, Division of Real Estate on behalf
of the Common Council as an Involved Agency. The proposed abandonment is an Unlisted Action as defined by SEQR. The result
of an initial project review is that the project as a whole will not result in significant adverse impacts on the environment.
Please be advised that in accordance with Abandonment Public Hearing Statute, General City Law Chapter 21 of the Consolidated
Laws, Article 3 Official Maps and Planning Boards, Section 29 Official Map Changes, it is necessary that your Honorable Body
conduct a public hearing. In the interest of time and anticipating that Your Honorable Body is willing to expedite this matter, I have
taken the liberty to prepare a Notice of Public Hearing to appear in the Buffalo News at least five days before your Honorable Body's
April 28, 2009 meeting.
Forwarded separately are the following documents:
1. Notice of Public Hearing for publication in the Buffalo News at least five days before the April 28, 2009 meeting of the Common
Council.
2. Negative Declaration for your Honorable Body's review and adoption prior to any action on this item.
After the public hearing is held on April 28, 2009, and provided there are no significant objections, I am recommending that Your
Honorable Body adopt the proposed Negative Declaration (Determination of Non-Significance on the Environment) for this
undertaking, as per SEQR, for this project. The Negative Declaration must be approved as a separate action and must be approved
prior to the approval of the abandonment and sale.
Secondly, I am recommending that should Your Honorable Body approve the abandonment that the Office of Strategic Planning be
authorized to conduct the sale of the property in accordance with Article 27-5 of the City Charter, Sale by Appraisal and file the
results of negotiations and terms of sale with the Common Council for final approval.
Mr. Fontana moved:
That the above communication from the Department of Strategic Planning dated April 15, 2009, be received and filed; and
That the City of Buffalo does hereby abandon 18’ feet of the easterly portion of South Pierce, a paper street 30' x 245' and
authorizes the City to sell such property pursuant to Article 27, Section 27-5 of the Charter of the City of Buffalo; and
That the Director of Real Estate negotiate with Mr. and Mrs. Daniel Derenda, 12 Dover, for the purchase of18 feet of the easterly
portion of South Pierce, a paper street 30' x 245'; and allow reasonable access to the neighbors to give them turn clearance to
access their driveway.
That the Director of Real Estate report back to the Common Council with the results of negotiations for final approval.
That the approval be forwarded to the Department of Permits and Inspections, Services and be referenced in any future applications
for Permits at 41 South Pierce St.
PASSED
AYES - 9 NOES - 0
NO 6
STRAT PLAN-CONTRACT AWARD 1318 NIAGARA STREET ENVIRONMENTAL INVESTIGATION AND CLEANUP
Prior Council Reference: Item No. 33, C.C.P. 04/03/07
The City of Buffalo plans to undertake an Environmental Investigation and cleanup at the 1318 Niagara Street property. The project
is being done in conjunction with a New York State Assistance Contract (SAC) under the Environmental Restoration Program. The
SAC will reimburse the City for 90% of the allowable project costs. The City is the current owner of the property.
The City has advertised for, received and reviewed bids to undertake the Environmental Investigation, develop plans and specifications
and provide oversight for the cleanup of the 1318 Niagara Street property. The received bids for the consulting services are as follows:
Lump Sum
O’Brien & Gere $196,439.90
CRA $171,253.50
Benchmark Environmental $132,441.00
Barron & Associates $111,985.00
Panamerican Environmental $105,889.78
GZA Geoenvironmental $ 90,035.00
URS $ 89,433.50
TVGA $ 86,200.00
LiRo Engineers $ 70,365.00
It is understood that funds are available for this project from the City's environmental remediation bond account #31810006-445100
Based on their qualifications, expertise and understanding of the project scope I respectively request that your Honorable Body authorize
that the contract to undertake the Environmental Investigation of the 1318 Niagara Street property be awarded to LiRo Engineers, Inc. and
to further authorize the Mayor to execute a contract with LiRo Engineers.
Mr. Fontana moved:
That the above communication from the Office of Strategic Planning dated April 28, 2009, be received and filed; and
That the Mayor be, and he hereby is authorized to award a contract to LiRo Engineers, Inc. to undertake the Environmental Investigation
of the 1318 Niagara Street property, in the amount of $70,365.00. Funds for the project are available in the City's Environmental
remediation bond account #31810006-445100.
PASSED
AYES - 9 NOES - 0
NO 7
STRAT PLAN-REPORT OF SALE-94 EAST (NORTH)
94 East, 280.50' S Amherst Lot Size: 33' x 75' Assessed Valuation: $3,400. (North District)
The Office of Strategic Planning, Division of Real Estate has received a request from Mr. Carlos D. Gartin, 169 Dearborn, Buffalo,
New York 14207 to purchase 94 East. Mr. Gartin owns and resides at 169 Dearborn, which is adjacent to 94 East. He intends to
use the vacant lot as additional green space.
The Office of Strategic Planning Land Use Planning Committee, Division of Permit and Inspection Services and the Division of
Collections have no objections to the sale. There are no building code violations, taxes or other liens owed to the City of Buffalo by
the purchaser.
The Division of Real Estate has investigated the sale of similar lots in the subject area. Sales range from Forty Five Cents ($.45) to
One Dollar ($1.00), per square foot.
The report of sale is that Mr. Gartin has agreed and is prepared to pay One Thousand Nine Hundred Dollars ($1,900.00), Seventy-
Five Cents ($75) per square foot for the subject property. He has also agreed to pay for the cost of the transfer tax and recording
fees.
I am recommending that Your Honorable Body approve the sale of 94 East to Mr. Carlos Gartin in the amount of One Thousand
Nine Hundred Dollars ($1,900.00). I am further recommending that the Office of Strategic Planning prepare the necessary
documents for the transfer of title and that the Mayor be authorized to execute the same.
Mr. Fontana moved
That the Common council hereby approves the sale of 94 East to Mr. Carlos Gartin in the amount of $1,900 and that the Office of
Strategic Planning be authorized to prepare the necessary documents for the transfer of title and the Mayor is authorized to execute
the same.
PASSED
AYES - 9 NOES - 0
FROM THE COMPTROLLER
NO 8
AUDIT REPORT-CITY RECYCLING PROGRAM 1/1/05-5/31/08
We have performed a review of the City's Recycling Program as instituted by the Department of Public Works, Parks & Streets for
the period of January 1, 2005 through May 31, 2008. The Department in large part oversees the works of a contract vendor, Allied
Waste Services of North America, LLC ("Allied"). We present here our conclusions; as well as other such findings as we believe are
appropriate.
It was the objective of this Audit to review the procedures followed by the Department and Allied during the audit period in order to
monitor contract compliance, the accuracy of information being utilized and the efficacy of the City's recycling program.
By making on-site visits to Allied's processing facilities, reviewing pertinent operational documents and records, and interviewing
critical parties, we were able to assess the condition of the City's recycling effort. The City's relationship with Allied has been largely
successful and the operation is satisfactory. The City's agreement with Erie County should be closely examined to determine
whether there are greater opportunities to enhance and expand the City's recycling efforts.
Our findings and recommendations are explained in greater detail in the attached Audit Report. An exit conference took place on
April 22, 2009. The Department agreed with many of the findings and is proactively taking steps that are consistent with this report.
Commissioner Stepniak and his staff have been very cooperative with the development of this audit and their professionalism is
greatly appreciated.
If you have any further questions on this matter, please feel free to contact the Department of Audit and Control.
Andrew A. SanFilippo
Comptroller
COPY AVAILBALE IN THE CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE COMMITTEE ON FINANCE AND DEPARTMENT OF PUBLIC WORKS
FROM THE PRESIDENT OF THE COUNCIL
NO 9
SCHEDULE OF MEETINGS AND BUDGET HEARINGS MAY 1 TO MAY 12, 2009
To: Mayor, City of Buffalo
Comptroller, City of Buffalo
All Department Heads, City of Buffalo
Buffalo Municipal Housing Authority
Buffalo Board of Education
Erie County Board of Elections
Taxpayers of the City of Buffalo
The City of Buffalo Common Council hereby announces its schedule of Meetings and Budget Hearings to be held in the Council
th
Chambers on the 13floor of City Hall during the period of May I through May 12, 2009. The schedule can also be found at the City
of Buffalo home page at http://www.city-buffalo.com.
The Council's Budget Hearings provide a public forum for review and comment on presentations by city departments and allied
agencies relating to their ability to:
-Operate within the scope of the Mayor's Recommended Budget for Fiscal Year July 1, 2009
through June 30, 2010;
-Implement the initiatives in the Common Council's 2009-2010 Action Plan;
-Comply with City Charter and Code mandated duties and responsibilities; and
-Attain the goals and objectives of their respective organization.
The Council's Budget Hearings are a very important and critical aspect of the budgetary process, and every effort will be made to
adhere to the schedule provided. We request the assistance of all attending by:
-Arriving promptly at the scheduled meeting time;
-Adhering to the rules of order as prescribed by the Council Chairperson;
-Ensuring that Department, Agency and Organization representatives are knowledgeable of budgetary matters and are prepared to
address questions raised by those in attendance;
and
- Monitoring the City's home page (see above) for unanticipated schedule changes.
If you have any questions regarding the above, please call 851-5105.
David A. Franczyk
President of the Common Council
COMMON COUNCIL BUDGET HEARING AND MEETING SCHEDULE
th
Council Chambers are located on the 13 Floor of City Hall
Departments are listed in Bold and Functions follow
NOTE: Dates and Times below subject to change – Budget Work Sessions will be announced separately
TIME DESCRIPTION DATE CHAIRPERSON LOCATION
FRIDAY May 2, 2009
1:30pm Common Council Meeting
1:30pm Common Council Budget Hearing (Tentative) Mr. Franczyk Chambers
Legislative Staff and Offices of the Council members
City Clerk Budget Hearing (Tentative)
Records Management
MONDAY May 4, 2009
9:00am Dept of Mayor and Executive Budget Hearing Mr. Rivera Chambers
Office of the Mayor
Office of Strategic Planning
Zoning and Land Use
Environmental Affairs
Real Estate and In-Rem Properties
Intergovernmental Relations
Citizens Services
10:30am Dept of Audit Control Budget Hearing Mr. LoCurto Chambers
Office of the Comptroller
Audit
Accounting
Cash and Debt Management and Capital Debt Service Fund
1:30pm Dept of Human Resources (HR) Budget Hearing Mrs. Russell Chambers
Employee Relations
Civil Service
Compensation and Benefits Management
Employment and Training
3:00pm Dept of Management Information Systems (MIS) Mr. Golombek Chambers
Budget Hearing
3:30pm Dept of Law Budget Hearing Mr. LoCurto Chambers
Administrative Adjudication
4:00pm Dept of Assessment and Taxation Budget Hearing Mr. Rivera Chambers
TUESDAY May 5, 2009
9:45am Civil Service Committee Meeting Mrs. Russell Chambers
10:00am Finance Committee Meeting Mr. Kearns Chambers
1:00pm Community Development Committee Meeting Mr. LoCurto Chambers
2:00pm Legislation Committee Meeting Mr. Golombek Chambers
4:00pm Buffalo Municipal Housing Authority (BMHA) Budget Hearing Mr. Davis Chambers
WEDNESDAY May 6, 2009
9:00am Dept Of Public Works, Parks, Streets and Water Budget Hearing Mr. Kearns Chambers
General Office
Engineering, Design and Planning of Streets,
Buildings, Planning and Design
Telecommunications
Recreation
Streets, Lighting of Streets, Traffic Engineering, Cleaning and Snow Removal, Labor Pool and Bridges
Animal Shelter and Control
Sanitation and Enterprise Fund – Solid Waste, Refuse & Recycling
Enterprise Fund – Water
10:30am Dept of Police Budget Hearing Mr. Davis Chambers
1:30pm Dept of Fire Budget Hearing Mr. Kearns Chambers
3:00pm Dept of Economic Development, Permits & Inspections (EDPI) Mr. Golombek Chambers
Budget Hearing
Housing and Enforcement
Licenses and Permits
THURSDAY May 7, 2009
9:00am Dept of Administration, Finance, Policy & Urban Mr. Fontana Chambers
Affairs (A&F) Budget Hearing
Budget and Management Services
Urban Affairs
Parking – Towing and Storage, Parking Meters and Enforcement and Parking Violations Bureau
Treasury and Collections
Purchasing, Inventory & Stores, and Print Shop
General city Expenses
Enterprise Fund Parking
10:30am Dept of Community Services & Recreation Mr. Smith Chambers
Programming Budget Hearing
Administration
YDA DACC Substance Abuse Services
Programs and Recreation for the Elderly and the Youth
Commission of Citizen Rights and Community Relations
Workforce Employment and Training
TUESDAY May 12, 2009
6:00pm Buffalo Board of Education (BBOE) Budget Hearing Mr. Smith Chambers
Followed by Public Hearing on the Budget Mr. Franczyk Chambers
REFERRED TO THE SPECIAL COMMITTEE ON BUDGET
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND STREETS
NO 10
PERMISSION TO HIRE A CONSULTANT AND ENTER INTO AGREEMENTS WITH FHWA AND NYSDOT
FOR THE DESIGN, INSPECTION AND CONSTRUCTION OF SENECA STREET BETWEEN HAYDEN STREET AND
NEWMAN PLACE CITY OF BUFFALO, COUNTY OF ERIE SOUTH DISTRICT
The Federal Highway Administration (FHWA) have designated $1.162M for the design, construction and construction inspection of
Seneca Street between Hayden Street and Newman Place. This project is listed on the New York State Regional Transportation
Improvement Program (TIP) under PIN #5757.60.
In order to move this project forward, this Department is requesting permission to take proposals and hire an Engineering
Consultant for the design and inspection of this project. It is also necessary for Your Honorable Body to authorize the Mayor and/or
this Department to enter into all necessary agreements with the FHWA and NYSDOT. These agreements would enable this
Department to administer this project and will cover all necessary work needed to complete the design, inspection and construction
of this project.
Mr. Fontana moved:
That the above communication from the Commissioner of Public Works, Parks and Streets dated April 22, 2009 be received and
filed; and
That the Commissioner of Public Works, Parks and Streets be, and he hereby is authorized to hire an engineering consultant for the
design and inspection of Seneca Street between Hayden Street and Newman Place on the New York State Regional Transportation
Improvement Program (TIP) under PIN #5757.60. Authorized the Mayor to enter into all necessary agreements with FHWA and
NYSDOT.
PASSED
AYES - 9 NOES - 0
FROM THE COMMISSIONER OF POLICE
NO 11
CHANGE ORDER FOR CONTRACT #93000143
BUFFALO POLICE DEPARTMENT BUILDING SECURITY
I hereby submit to Your Honorable Body the following change for the Buffalo Police Department Building Security Project, Contract
#93000143:
U & S Services, the contract vendor, to provide Andover Controls 4-door netcontroller with power supply, battery backup, connection
to existing network, labor to install and make connections and one-year parts and labor warranty to complete security access control
project at Police Headquarters.
The foregoing changes result in a net increase in the contract of $2,450.00
Summary: Current contract amount $71,288.00
Amount of this change order (#1) $ 2,450.00
Revised contract amount $73,738.00
Costs have been reviewed by the Department of Police, CIR Unit Captain in charge of building security and were found to be fair
and equitable. Funds for this work are being provided through General Fund account #12021007 473020.
Thank you in advance for your cooperation and expediency in addressing this matter.
Mr. Fontana moved:
That the above communication from the Commissioner of Police dated April 21, 2009, be received and filed; and
That the Commissioner of Police be, and he hereby is authorized to issue change order No. 1, to U & S Services an increase in the
amount of $2,450.00, as more fully described in the above communication, for work relating to Police Department Building Security
Project, Contract #93000143. Funds for this project are available in General Fund account #12021007-473020.
PASSED
AYES - 9 NOES - 0
NO 12
DRUG ASSET FORFEITURE WIRE TRANSFERS
08-DEA-497144 C2-08-0074 1,339.09
08-DEA-497897 C2-08-0088 2,229.49
08-DEA-507684 C2-09-0008 1,384.45
08-DEA-501762 C2-08-0120 532.88
08-DEA-507689 C2-09-0009 1,405.88
08-DEA-503751 C2-08-0132 2,433.25
09-DEA-507916 C2-09-0013 2,352.25
08-DEA-500846 C2-08-0111 2,955.25
08-DEA-503801 C2-08-0135 1,028.26
09-DEA-508662 C2-09-0020 1,935.85
08-DEA-504353 C2-08-0096 271.80
08-DEA-507719 C2-09-0010 1,157.69
08-DEA-507719 C2-9-0010 3,357.56 (15% SAFF)
TOTAL $22,383.70
The Drug Enforcement Administration (DEA) and/or U.S. Customs 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. 15% of these funds have been deposited into SAFF account 10360 for fulfilling year 3 expenditures under SAFF legislation.
The remaining funds will be placed into one or more of the following accounts as deemed necessary 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 Inspector Joseph Strano at 851-4624
RECEIVED AND FILED
NO. 13
JUSTICE ASSISTANCE GRANT (JAG) STIMULUS PROGRAM
RELATED TO THE AMERICAN ECONOMIC RECOVERY ACT
ITEM #25, C.C.P. 06/24/08]
The American Recovery and Reinvestment Act (ARRA) provides an unprecedented opportunity for funding to the City of Buffalo
through several agencies of the federal government. ARRA funding is designed to preserve and create jobs and promote economic
recovery, to assist those most impacted by the recession, to provide investments needed to increase economic efficiency by
spurring technological advances in science and health, to invest in transportation, environmental protection, and other infrastructure
that will provide long-term economic benefits, and to stabilize State and local government budgets, in order to minimize and avoid
reductions in essential services and counterproductive State and local tax increases.
The Department of Justice will provide direct "stimulus" funding to the City of Buffalo for crime reduction and prevention through a
Justice Assistance Grant (JAG). In addition to the regular JAG funding, the City, along with eleven (ii) other Erie County
jurisdictions, has been allocated $2,616,421 in ARRA funding. This is a formula grant whereas the allocations to the individual
jurisdictions have been set by the Federal government. The JAG guidelines have allocated $2,105,304 to the City of Buffalo.
Because of our allocation of the majority share of the funding, the City of Buffalo has been appointed by the following entities to
serve as the Applicant/Fiscal Agent: the County of Erie, Village of Depew, Village of Kenmore, City of Lackawanna, City of
Tonawanda, Town of Amherst, Town of Cheektowaga, Town of Evans, Town of Orchard Park, Town of Tonawanda, and Town of
West Seneca. The application is due on May 18, 2009 and as part of the mandatory application procedures, since the City is the
Applicant/Fiscal Agent, we must notify your Honorable Body as part of the required government review process. we are
Therefore,
respectfully requesting that your Honorable Body authorize the Mayor to sign the Memorandum of Understanding with the
coordinating jurisdictions, to file the JAG application, to accept the funding, and that the Mayor or his designee execute any and all
contracts necessary to carry out the goals and objectives under the ARRA JAG Stimulus Grant Program.
At this time, we are notifying you that the City of Buffalo, with your approval, will be accepting the funding allocation by the
Department of Justice and distributing the funds as follows:
Funding must be directed toward criminal justice activities that will improve or enhance law enforcement, prosecution and court
programs, prevention and education programs, corrections and community corrections programs, planning evaluation and
technology improvement programs.
The City of Buffalo allocation includes:
Police Department's Crime Reduction Initiatives $ 1,855,304: In order to monitor the 120 cameras being installed city-wide, Buffalo Police
will hire five (5) camera monitors over a 4 year period, keeping within the spirit of this funding for creating employment opportunities. In
keeping with our long established practice with the JAG grants, as a crucial element of collaboration with the County of Erie, the
Department will provide funding for a juvenile prosecutor and a community prosecutor. This additional distribution to the County
addresses the issue of "disparate funding" given that the City receives more than 150% of the JAG funding, while the County provides all
of the jailing and prosecution. The Department of Justice has identified Erie County as one with disparate funding, and thus the reason
we must file this application jointly with the above entities. In addition, the Department proposes a prevention initiative cooperating with
Community Services expanding the current Curfew Program, as well as an alternative to incarceration initiative in cooperation with the
National Federation for Just Communities First Time/Last Time Program.
Department of Community Services $ 250,000: Funds will used to expand the City's Re-Entry program and the Juvenile Curfew Program.
The Re Entry program will improve job-readiness for persons returning from the corrections system, and will directly address the job
creation goals of the ARRA funding. Community Services will save the jobs of 2 Re-Entry who have a current caseload of
counselors,
over 180 ex-offenders. This still does not meet the total need, as the number of parolees in Buffalo is estimated as over 800. The Juvenile
Curfew Program addresses the crime prevention goal of the ARRA funding, in that youth in high crime areas will have increased positive
support systems including case management, life skills development and job readiness training.
Should you have any questions concerning this request, please contact Captain Mark Makowski of our Planning/Grants Section at 851-
5643.
Mr. Fontana moved:
That the above communication from the Commissioner of Police dated
April 21, 2008, be received and filed; and
That the Mayor be, and he hereby is authorized to execute the Memorandum of Understanding with the coordinating jurisdictions, to
file the Justice Assistance Grant application for a total of $2,616,412.00 and to accept the funding of $2,105,304 for the City of
Buffalo and that the Mayor or his designee execute any and all contracts necessary to carry out the goals and objectives under the
American Recovery and Reinvestment Act Stimulus Grant Program.
PASSED
AYES - 9 NOES - 0
FROM THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND PERMIT &
INSPECTION SERVICES
NO. 14
FOOD STORE LICENSE
1069 BROADWAY
Pursuant to Chapter 194 of the City of Buffalo Ordinances, please be advised that I have examined the attached application for a
Food Store License located at 1069 Broadway (Broadway Mart) and find that as to form is correct. I have caused an investigation
into the premises for which said application for a food store license is being sought and according to the attached reports from the
Zoning Office, Fire Department, Building Inspections, Police Department and Collections Office I find it complies with all regulations
and other applicable laws. This request is submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 15
RESTAURANT DANCE (RENEWAL)
946 ELMWOOD (MEGARRETS)
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises
located at 946 Elmwood (McGarrets) for which said renewal application for a Restaurant Dance Class HI license is being sought by
David Putnam and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it
complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem
appropriate.
Mr. Fontana moved
That the Commissioner of Economic Development, Permit and Inspections Services, Office of Licenses is authorized to renew the
Restaurant Dance Class III license to David Putnam for 946 Elmwood Avenue(McGarretts)
PASSED
AYES - 9 NOES - 0
NO. 16
RESTAURANT DANCE (RENEWAL)
1110 ELMWOOD (MR. GOODBAR)
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises
located at 1110 Elmwood (Mr. Goodbar) for which said renewal application for a Restaurant Dance Class III license is being sought
by Dominic Massaro and according to the attached reports from the Fire Department, Police Department and Building Inspections, I
find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you
deem appropriate.
Mr. Fontana moved
That the Commissioner of Economic Development, Permit and Inspection Services and the Director of Licenses be authorized to
renew the Class III Restaurant Dance License to Dominic Massaro for “Mr. Goodbar” at 1110 Elmwood Avenue
PASSED
AYES - 9 NOES - 0
NO. 17
RESTAURANT DANCE (RENEWAL)
1 MAIN (HARBOR CLUB)
Pursuant to Chapter 150 of the City of Buffalo ordinances, please be advised that I have caused an investigation into the premises
located at 1 Main Harbor Club for which said renewal application for a Restaurant Dance Class HI license is being sought by HSBC
Arena and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it
complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem
appropriate.
Mr. Fontana moved
That the above communication from the Department of Economic Development,
Permit and Inspections Services, dated April 21, 2009, be received and filed; and
That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be,
and he hereby is authorized to grant a Restaurant Dancing Class I~ License to 1 Main d/b/a Harbor Club located at 1 Main.
PASSED
AYES - 9 NOES - 0
NO. 18
RESTAURANT DANCE (RENEWAL)
1MAIN (HARBOR CLUB 2ND LEVEL)
Prior Council Reference: (If Any) Ext. (Item No. xxx, C.C.P. xx/xx/xx): Text (Type Single Space Below):
Pursuant to Chapter 150 of the City of Buffalo Ordinances; please be advised that I have caused an investigation into the premises
nd
located at 1 Main (Harbor Club 2 Level) for which said renewal application for a Restaurant Dance Class 11I license is being
sought by HSBC Arena and according to the attached reports from the Fire Department, Police Department and Building
Inspections, I find it complies with all regulations and other applicable laws. This request is submitted for your approval or whatever
action you deem appropriate.
Mr. Fontana moved:
That the above communication from the Department of Economic Development, Permit and Inspections Services, dated April 21,
2009, be received and filed; and
That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be,
and he hereby is authorized to grant a Restaurant Dancing Class Ill License to 1 Main d/b/a Harbor Club 200 Level located at 1
Main.
PASSED
AYES - 9 NOES - 0
NO. 19
RESTAURANT DANCE (RENEWAL)
1 MAIN HEADLINES BAR)
Pursuant to Chapter 150 of the City of Buffalo Ordinances, please be advised that I have caused an investigation into the premises
located at 1 Main (Headlines Bar ) for which said renewal application for a Restaurant Dance Class III license is being sought by
HSBC Arena and according to the attached reports from the Fire Department, Police Department and Building Inspections, I find it
complies with all regulations and other applicable laws. This request is submitted for your approval or whatever action you deem
appropriate.
Mr. Fontana moved:
That the above communication from the Department of Economic Development, Permit and Inspections Services, dated April 21,
2009, be received and filed; and
That pursuant to Chapter 150 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be,
and he hereby is authorized to grant a Restaurant Dancing Class 1II License to 1 Main d/b/a Headlines Bar located at 1 Main.
PASSED
AYES - 9 NOES - 0
NO. 20
MEMORANDUM
Empire State Development Corporation has made Restore NY funding available to New York municipalities to provide demolition,
rehabilitation or reconstruction of vacant or obsolete structures. The City of Buffalo is authorized to apply for two projects of
$10 million each.
Restore NY will enable Buffalo to fund the rehabilitation of certain existing residential and commercial structures for economic and
neighborhood development purposes. It will also enable Buffalo to aggressively target demolition worthy structures to enhance
neighborhood revitalization efforts and reduce the hazard that dilapidated structures pose to surrounding residents. This remains
one of the only funding sources available for demolitions.
Restore New York funding can be used to address projects containing vacant, abandoned, condemned and surplus structures that
the City of Buffalo currently has site control over. Eligible activities include: demolition, rehabilitation and reconstruction. New
construction projects are not eligible.
In addition to the above eligible activities, the application must contain some or all of the following elements:
Projects must contain properties that are interrelated and collectively address the revitalization of an urban area
Projects must exhibit feasibility and readiness
Projects must seek to revitalize economically distressed urban centers by:
improving the value of housing stock
Increasing the tax-base
Inducing commercial investment
Attached please find a listing of properties that we propose to seek funding for through the Restore New York program.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT.
NO. 21
SECOND HAND DEALER 333 CONNECTICUT ST (NIAGARA)
Pursuant to Chapter 254 of the City of Buffalo Ordinances please be advised that I have examined the attached application for a
Second Hand Dealer License located at 333 Connecticut St and find that as to form is correct. I have caused an investigation into
the premises for which said application for a second hand 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 Aziz Lemes. The attached thereto for Aziz Lemes d/b/a
Duda Second Hand Store. This request is submitted for your approval or whatever action you deem appropriate.
Mr. Fontana moved: \
That the above communication from the Department of Economic Development Permit and Inspections Services dated April 20,
2009, be received and filed; and
That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be,
and he hereby is authorized to grant a Second Hand Dealer License to Aziz Lemes dib/a Duda Second Hand Store located at 333
Connecticut Street.
PASSED
AYES - 9 NOES - 0
FROM THE ZONING BOARD OF APPEALS
NO. 22
1285 WILLIAM STREET
APPLICATION: #135208
Dear Mr. Jaarah:
The Zoning Board of Appeals at its meeting of 3/25/09 granted your petition for a variance to convert and use an existing building as
a slaughterhouse and butcher shop for lamb, goats, livestock and poultry with a "farmer's market" at premises 1285 WILLIAM
STREET. The Board conditioned the approval with no outside animal pens; insulation, renovation and a venting system of the
building to prevent odors, and proper City, County and State licenses be obtained.
AS A RESULT OF THIS FAVORABLE ACTION BY THE BOARD,
YOU MUST NOW OBTAIN A PERMIT IN ROOM 301 OF CITY HALL, 851-4925 AND PAY ANY FEES THAT ARE REQUIRED.
Section 511-117(B) of the Zoning Ordinance states that "no decision of the Zoning Board of Appeals authorizing any permit shall be
in force and effect after a period of six (6) months from the date of said decision unless before the expiration of said permit the
applicant files the revised or final plans with the Commissioner of Inspections and Licenses in accordance with said decision."
Therefore, unless you file any required plans and pay the balance owed on the permit application prior to 9/26/09, the Board's
approval will expire and a new application will have to be made.
Very truly yours,
James A. Lewis III, Chairman
ZONING BOARD OF APPEALS
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE BUFFALO SEWER AUTHORITY
NO. 23
OPERATING BUDGET FY 2009-2010
Dear Mr. Chwalinski,
Enclosed is a copy of the Buffalo Sewer Authority Operating Fund Budget for fiscal year 2009-2010. This budget was adopted at the
Sewer Authority Board meeting April 15, 2009.
Very truly yours,
BUFFALO SEWER AUTHORITY
Copy Available for review in The City Clerk’s Office
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE CITY CLERK
NO. 24
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
200 Delaware Ave Uniquest Hospitality LLC Michael J. Montante
d/b/a Avant
RECEIVED AND FILED
NO. 25
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:
x Police- Lt. Patrick Pascall
RECEIVED AND FILED.
NO. 26
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:
x Buffalo Sewer Authority
RECEIVED AND FILED.
NO. 27
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.
CERTIFICATE OF APPOINTMENT
Appointment effective 4/20/09 in the Department of Public Works, Division of Streets to the Position of Laborer II, Seasonal
Appointment at the Flat Starting Salary of $11.11/hr
Arthur Robinson III, 192 Maurice Street, Buffalo, NY 14210
CERTIFICATE OF APPOINTMENT
Appointment effective 05/04/2009 in the Department of Public Works, Division of Engineering to the Position of Laborer II,
Seasonal Appointment at the Flat Starting Salary of $11.11/hr
Nolan Skipper, 89 Crystal Avenue, Buffalo, NY 14220
CERTIFICATE OF APPOINTMENT
Appointment effective 4/21/09 in the Department of Administration and Finance, Division of Parking Enforcement to the Position of
Laborer II, Seasonal , Non Competitive at the Flat Starting Salary of $11.57/hr
Marvin Dones II, 174 Myrtle, Buffalo, NY 14204
CERTIFICATE OF APPOINTMENT
Appointment effective 4/22/09 in the Department of Community Services, Division of Youth to the Position of Intern VI, Unclassified
Non Competitive at the Hourly Salary of $10.00/hr
Erika Sykes, 143 Oakgrove, Buffalo, NY 14214
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
NO. 28
CITY OF BUFFALO COMMON COUNCIL ANNUAL ACTION PLAN
ENHANCING OUR ENVIRONMENT
COPY AVAILABLE IN THE CITY CLERKS OFFICE FOR REVIEW
REFERRED TO THE COMMITTEE ON BUDGET
NO. 29
NEGATIVE DECLARATION
NOTICE OF DETERMINATION OF NON-SIGNIFICANCE
ABANDONMENT SALE PORTION OF SOUTH PIERCE
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (SEQR - State Environmental
Quality Review) of the Environmental Conservation Law.
Lead Agency City of Buffalo Common Council
65 Niagara Square
Room 1308 City Hall
Buffalo, New York 14202
As per the provisions of SEQR, the Lead Agency has reviewed the following action as it relates to the environment:
Action Title: Abandonment/ Sale Portion of South Pierce
Location Paper Street South of Seward – Portion of South Pierce 18’ x 245’
Type of Action Type: Unlisted -Uncoordinated
Description Daniel & Michelle Derenda own two adjoining lots at the foot of South Pierce Street. Daniel & Michelle are
requesting to purchase a 18’ x 245' portion of South Pierce in conjunction with the construction of a two-story single family home.
The City Planning Board had no objections to the abandonment and sate of a 18' x 245' portion of South Pierce to Daniel & Michelle
Derenda. The official closing/abandonment of a 18’ x 245' portion of South Pierce Street will not become effective until the deed
conveying title of the property is filed in the Erie County Clerk's Office.
As a result of this environmental review, the Common Council has determined that the undertaking of this action will not constitute
an action significantly affecting the quality of the environment. No further environmental review of this action will be conducted prior
to project implementation and a Draft Environmental Impact Statement will not be prepared. Reasons Supporting This
Determination:
The facts and reasons for this decision are as follows: The project is nominal in size and scope. The project will utilize vacant land to
increase and enhance the area with new development therein, while aiding in the removal of slum and blight within the area. The few
impacts identified are short-term and not significant in magnitude or effect. There are no actions, which will be undertaken in either
implementing the project or in the long term, which will have a significant adverse impact on the environment. The project site is
located between 41 South Pierce and 131 Seward, south of Seward with 18 feet of frontage on Seward and 245 feet on South
Pierce.
For further information relative to this Negative Declaration, Contact Mr. John Hannon, Director of Real Estate, Room 901 City Hall,
Buffalo, New York 14202 - Telephone 851-5275.
Dated: April 1, 2009
A copy of this notice was sent to
Common Council
Buffalo Environmental Management Commission
Buffalo Planning Board
Buffalo Public Works
Buffalo Sewer Authority
Buffalo Water Authority
New York State DEC - Albany
Mayor Byron Brown
Applicant
David D. Dankowski 17 Abbottsford Place Buffalo, NY 14213
ADOPT WITH CONDITIONS FROM 20’ TO 18’.
NO. 30
D. FRANCZYK-D. DANKOWSKI-CONCERNS LOUD NOISE FROM CAR BOOM BOXES
Spring has sprung; but sadly in Buffalo that surely will mean more
disturbing noise from car boom boxes. This nasty bass vibration is approximately six or seven years in the making. Because they are
still so prevalent, this can only mean any attempts to dissuade the practice has been half-hearted! I certainly applaud the Police
Officers and their higher-ups who have done what they could, but it seems only a "scratch on the surface". Where is the thoughtful
communication in the local media and newspapers explaining Buffalo is Serious, and emphasize what we mean! If their vibrations
can be deemed disturbing beyond 75 or 100 feet or can be heard through the closed windows and doors of one's residence, these
individuals should be made aware they can and will be cited and perhaps even have their equipment confiscated.
Nerves get worn extremely thin over the years. What happened to the
"Quality of Life" plain clothes people? Now with the snow gone, let's get some Officers on bicycles and record these plates. Surely
we know by now the worst offenders with the loudest most penetrating bass booms and drones are the druggies. They are buying
and/or selling at residences on our side streets thinking if they only boom away for a minute or so, they've got nothing to worry about.
A month or two ago, I heard the results of a national poll, listing Buffalo,
NY as one of the eight "most miserable" cities in the nation. If the poll was legitimate I don't think it was a result of our weather or our
economy. Yes sadly, I would think it was the poor life quality in this area.
Somehow to simply say we don't have the resources to abate this problem
or have higher priorities, doesn't ring true after six or seven years. I still subscribe to "where there's a will there's a way"! But the will
must originate with the right individuals. In this case, that would be two representatives: Mayor Brown or Commissioner Gipson.
Respectfully struggling, still a Buffalo Resident
David DEankowski
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 31
J. GARDELLA, JR-RESPONSE TO MAYOR RE EXPANSION BATTAGLIA TRANSFER STATION
Buffalo Environmental Management Commission
The scoping document is incomplete and insufficient -- it states only that noise and odor impacts may be studied. Given the more
than 30 fold increase in the volume of waste handling operations, these studies should be mandatory. There is no plan to evaluate
air pollution and air impacts from diesel trucks or other activities that would generate odor or chemicals that impact local health. The
noise studies are five years out of date.
The DEC should require a greenhouse gas analysis pursuant to its new draft policy.
The environmental justice plan is incomplete and unresponsive to basic aspects of environmental justice, and lacks any substantial
research in environmental justice or the Seneca Babcock and nearby community. It is clear that the applicant does not understand
that the community is designated already as an EJ community by DEC, and therefore requires plans for specific action. Further, the
applicant does not understand what components of environmental justice must be addressed. This document is also flawed, with
incomplete plans, sentences and information that is not completed (e.g. telephone numbers given as XXX-XXXX, etc.) and includes
irrelevant letters and other information that does not address central environmental justice concerns.
The BEMC has been concerned about operation of the present transfer station activities for ten years. Traffic problems on streets
that are not designed for heavy trucks, activities on site that are accomplished without necessary city permits, previous plans
submitted that lack an EAF or site plans, and a general lack of understanding of environmental issues that must be addressed in the
community are just a few of the issues we have encountered over the last ten years. Further, it is the understanding of the BEMC
that the operation was supported with a tax abatement granted from the ECIDA through a PILOT agreement. There is no mention of
whether the expansion would involve amendment of the PILOT agreement or a new PILOT agreement or other sources of public
funding. Statements are made about the financial impact of the operation, without any data to support the claims. Finally, the
operator is well aware that the present Urban Renewal Plan for Seneca Babcock was passed unanimously in 2005 by City Council,
and that the planned activities are not allowed under that plan. By applying for a permit modification, evidently the applicant hopes to
avoid dealing with the significant adverse impacts the project would generate if permitted to move forward. The technical and
environmental issues related to the proposed expansion that are not allowed by the URP must be dealt with directly in the proposed
permit modification. DEC should hold the applicant responsible for collecting detailed information about the operation that would
violate the URP, rather than relying on an unsupported statement that the operation with a 30 fold increase in the volume of waste
handling operations, is grandfathered.
We appreciate your attention to our concerns. As the City's designated review board for SEQRA related actions, under the City
Charter, we look forward to working with you on responses to our concerns.
Once again, our request is that you reject the current document as an incomplete application, and ask the operator to begin again
with substantial and complete application that can be evaluated
Sincerely,
Joseph A. Gardella Jr., Ph.D.
Interim Chair, BEMC
Professor of Cbemistry, University at Buffalo, SUNY
RECEIVED AND FILED
NO. 32
J. GIANNETTO-OPPOSE PROPOSED TAXI SURCHARGES/TAXES ON TAXI RATES
The Honorable Sheldon Silver
Speaker
New York State Assembly Legislative Office Building, Room 932 Albany, New York 11248
Dear Speaker Silver:
I am writing on behalf of the Metropolitan Taxicab Board of Trade in strong opposition to proposed taxi surcharges/taxes on taxi
rides. The Metropolitan Taxicab Board of Trade is a 57-year-old trade association comprised of 28 yellow medallion taxi fleets in
Queens, Brooklyn, the Bronx and Manhattan. We represent over 3,300 yellow medallion taxis - approximately 25% of the taxi
industry. Most of our taxis are double-shifted, and run 24 hours a day, 7 days a week, 365 days a year. We have more than 14,000
drivers.
Our drivers depend on our fleets' double-shift operations, which provide a driver an opportunity to earn income without worrying
about the expenses associated with owning a medallion and/or a vehicle. Our drivers enjoy the convenience, security and support of
a full service fleet operation. Fleets offer the cheapest point of entry into the taxi industry with no capital costs required of the driver.
Moreover, fleets' daily shift operations are ideal for part time drivers, including students, morns, summer-time drivers and "old-
timers" who supplement their income by leasing a taxi for a few shifts. Fleets bear 100% of all operating costs.
Taxes or surcharges on taxi rides will have a negative impact on taxi ridership while placing an undue financial burden on taxi
passengers, taxi drivers and taxi owners. Just as importantly, levying taxes/surcharges on taxi rides is counter productive and
conflicting. While the legislature is working hard to prevent increases in mass transportation costs, taxes on taxi rides will increase
riders' costs in the very same transportation sector.
The New York City yellow medallion taxi industry moves more than 240 million passengers a year and is a vital - and unsubsidized -
part of New York City's mass transportation network, transporting 25% of all paying passengers that travel by taxi, bus, subway or
for-hire-vehicle within Manhattan. (Source: Taxicab Fact Book) Yellow taxicabs are an excellent use of city streets and help make it
possible for New York City to have the lowest level of ear ownership in the countrywith Manhattan leading the charge with only 22%
,
of households owning cars (Source: 2000 Census).
Taxes on taxi rides will discourage taxi usage. Taxes on taxi rides will obviously increase the cost of taxi fares and thus reduce taxi
ridership. Passengers will suffer by paying higher costs for transportation. Drivers will suffer not only from lower ridership but also
from lower tips.
(Higher passenger transportation costs translate into lower tips for drivers.) Taxi drivers and taxi owners will face unprecedented
administrative burdens in trying to calculate, collect and remit the imposed taxes/surcharges.
1. Imposing a tax on taxi rides will dampen ridership and have a negative impact on
passengers, drivers and owners resulting in an increase in the number of empty cabs
cruising Manhattan streets for fares and decrease the number of cabs that are efficiently
moving passengers from Point A to Point B.
2. It is clear that the only reason for levying a taxi tax/surcharge is to provide revenue to
fund mass transit. It is less clear just how the State would ensure that this revenue would
be dedicated to mass transit, or how such a tax/surcharge would be collected and
remitted.
3. Why force taxi passengers, who take pressure off the crowded subways and buses AND don't use their own private cars in the
city, pay a fee for public transit? It is bad policy.
4. According to a Design Trust survey, 25% of taxi passengers make less than $25,000 per
year - these are the same people who use mass transit. They will be "taxed" twice and it
will hurt those passengers who take occasional taxi trips when it is necessary when
traveling with luggage; and, late night/early morning commuters when train service is
infrequent and personal safety is a concern on a subway platform at 3AM.
5. The taxi industry already contributes tremendously, some would say - excessively - to
the city and state tax rolls - in excess of $75 million per year. In addition, since 2004, the
City has made more than $400 million by auctioning 1,050 new taxi medallions.
6. A taxi tax/surcharge will enable future administrations to increase this tax any time there
are fiscal worries. This would be disastrous for the taxi industry and the City.
7. The current MTA gap proposal inexplicably excludes the 40,000-plus livery and black
ear industry triple the number of taxicabs.
8. It is most surprising that nowhere in any of these budget gap proposals is there any
mention of the chronic and dangerous illegal livery street hail problem in the Central
Business District, and the unlicensed taxi/for hire vehicle problem that can be wiped out
with strict, tough enforcement and passage of several pieces of proposed legislation that
has stalled in the legislature. Left unchecked, this illegal/unlicensed activity will flourish
and deprive the government from any proposed additional tax/surcharge revenue.
I understand that Legislature must find ways to mitigate MTA fare increases but it must realize that yellow medallion taxis are part of
the public transportation network and enables people to get out of their private vehicles and efficiently throughout New York City.
Discouraging taxi usage by imposing a tax on taxi riders is counter productive. The fact remains that taxis are a vital part of the
SOLUTION, not the problem. We urge you to reject any taxi surcharges or any limitations to efficient taxi operations and instead,
recommend crackdowns on illegal livery street hails and adopt other sensible revenue raising measures.
Sincerely
Director, Business Development
RECEIVED AND FILED
NO. 33
GBNRTC-NOTICE OF MEETING 5/6/09
The next GBNRTC-PCC meeting has been scheduled for Wednesday, May 6, 2009 9:30 a.m., at the Niaqara Frontier
t"
Transportation Authority, 6Floor Boardroom, 181 Ellicett St., Buffalo, NY
PROPOSED AGENDA
PROCEEDINGS
A) Pledge of Allegiance
B) Roll Call
C) Public Participation
D) Approval of Meeting Agenda
E) Approval of Meeting Minutes - April 1, 2009
ACTION ITEMS
A) Resolution 2009-6 TIP Amendments #8 and #9
B) Resolution 2009-7 Amendment to Public Involvement Plan
C) Resolution 2009-8 MOU Amendment
D) Resolution 2009-9 ARRA Project selection process
E) Approval - May 28 Policy Committee Agenda
DISCUSSION ITEMS
A) Subcommittee Report: Transportation Projects Subcommittee
B) Stimulus Project monitoring and reporting
C) TIP Amendment Procedures-potential revisions
D) LRP and TIP Financial Plans
E) Public Transit Strategic Study
F) BI National Transportation Planning Issues
STATUS REPORTS/INFORMATION
A) Member Agency Reports
B) Director's Report
NEXT MEETING CONFIRMATION: June 3, 2009 - NYSTA
RECEIVED AND FILED
NO. 34
M. KEARNS, D. FRANCZYK, R. FINTANA, D. RIVERA-REQ ADDITIONS TO THE UPCOMING BOND SALE
Dear Mr. SanFillippo
We hereby request that you add to the upcoming bond sale, the amounts cited herein for previously approved capital projects
currently classified as "Bonds Authorized but Unissued" on "Attachment B" to your communication to the Mayor and the Common
Council dated August 12, 2008 (copy attached):
PROJECT PURPOSE DATE ADOPTED AMOUNT
Rehabilitation of the Broadway Market 2/8/2000 $1,000,000
Signal Improvements – Various 12/28/1999 $3,465,000
This request is being made in conjunction with the actions taken by the Common Council and the Mayor relating to the adoption of
the 2009 Capital Improvement Program (ClP) Budget. As you will recall, approximately $18,517,750 of bonds were authorized for
sate during December, 2008 which is approximately $2,982,250 below the bond sale cap of $21,500,000 that you established. Our
request envisions the sale of $963.000 and $2,019,250 of bonds respectively (amounts include the related seven percent (7%) bond
sales expense) which would enable the city to stay within your "cap" guidelines while moving forward quickly on two very important
projects.
We draw to your attention that, together with the hiring of a new management" team at the Broadway Market, the completion of long
overdue capital improvements at this facility will immediately benefit the entire city-wide customer service area. Consumers,
especially those in the disadvantaged neighborhoods immediately adjacent thereto, would hopefully see beneficial pricing
competition as a result of on-going efforts to retain the current vendors and attract new merchants. This would very likely enable the
market to realize its true potential as a unique one-stop shopping attraction.
Similarly, the completion of work associated with the one overdue overhaul of the City's traffic control system would immediately
benefit drivers by improving traffic flows and reducing traffic control device wait times. This would reduce fuel usage and the
associated carbon footprint thereby making the environment healthier for Buffalo residents. Equally important, the reduction in fuel
usage would also benefit drivers who are coping with monetary challenges brought on by the current economic recession and
volatile petroleum product pricing.
We respectfully request that you review this matter in greater detail and that you notify the Common Council if you will be unable to
comply with this request.
Sincerely,
David A. Rivera Niagara District
REFERRED TO THE COMMITTEE ON FINANCE
NO. 35
CITY OF BUFFALO RESPONSE TO HUD DETERMINATIONS AND CONCLUSIONS CONTAINED IN THE COMMUNITY DEVELOPMENT BLOCK GRANT
("CDBG") PROGRAM MONITORING REPORT FOR THE CITY OF BUFFALO, NY (MONITORING DATES: PHASE 1 - JUNE 16 - JULY 2, 2008; PHASE 2 -
AUGUST 25 - SEPTEMBER 11, 2008).
The Office of Community Planning & Development in Buffalo, NY for the U.S. Dept. of Housing & Urban Development ("HUD"), in
their Community Development Block Grant ("CDBG") Program Monitoring Report for the City of Buffalo, NY (Monitoring Dates:
Phase 1 -June 16 - July 2, 2008; Phase 2 - August 25 - September 11, 2008) dated March 11, 2009, identified nineteen findings
and two concerns in regard to various aspects of the City's CDBG program.
The Summary of Results and Conclusions within the monitoring report states that, should the City of Buffalo "disagree with any of
HUD's determinations or conclusion regarding this monitoring report, [the City should] address these issues in writing to this
Department within 45 days of this report. [The City's] written communication should explain [its] reasons why [they] disagree along
with supporting evidence and documentation."
This matter is currently before the Common Council's Community Development Committee and the 45 day period of time specified
by HUD for replying to the monitoring report has elapsed. As Chairman of this committee, I respectfully request that you file a copy
of any and all correspondence between your administration and HUD regarding the issuance of HUI)'s monitoring report, including
the response that as of March 28, 2009 was being prepared by the Office of Strategic Planning, with the Common Council for
review at its meeting scheduled for Tuesday, April 28, 2009.
REFERRED TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
NO. 36
NYSDEC
OUTER HARBOR TRANSPORTATION PROJECT IS SHOVEL READY AND SHOULD BE FUNDED THROUGH THE FEDERAL ECONOMIC STIMULUS
PACKAGE
ITEM #67 CCP 3/17/09
Dear Mr. Chwalinski:
I am writing in response to the above referenced City of Buffalo Common Council resolution requesting reconsideration of the
original proposal for the Southtowns Connector/Buffalo Outer Harbor.
The New York State Department of Transportation (NYSDOT) shares the Council's goal to create the access necessary to make the
waterfront a destination connected to downtown, providing a Welcoming environment for pedestrian and bicycle use. The current
project, the Outer Harbor Parkway, is under construction to meet that goal.
The Southtowns Connector/Buffalo Outer Harbor was developed with a comprehensive public outreach process. The consensus of
the project stakeholders, advisory groups, public comments on the Draft EIS, and analysis of the environmental and traffic impacts
of the project alternatives led the Department to recommend the Modified Improvement Alternative as the preferred alternative.
As you are aware, the project has been under construction since early 2008. When completed, the Outer Harbor Parkway project,
the first of four projects included in the Southtowns Connector/Buffalo Outer Harbor will mark a major step in realizing the
community's vision of reclaiming our waterfront and transforming a long neglected space into a vibrant, exciting destination. The
Common Council's request to reconsider, amend the current design, and file a
Supplemental FEIS would significantly delay the construction of the Outer Harbor Parkway and
fail to meet the federal deadlines established for the use of Economic Stimulus funds
If you have any questions or wish to discuss this further, please do not hesitate to contact me at 716-847-3242
REFERRED TO THE SPECIAL COMMITTEE ON WATERFRONT DEVELOPMENT
NO. 37
NYSDOT-DESIGNATION OF RESTRICTED HIGHWAY RT 33 AND 198
DESIGNATION OF RESTRICTED HIGHWAY
Pursuant to Section 104a of the Highway Law the following described highway
Beginning on Route 33 West approximately 2,000 feet northeast of the Pedestrian Bridge and continuing southerly along Route 33
West for approximately 3,000 feet to a point 1,000 feet south of the Pedestrian Bridge.
Beginning on Route 33 East approximately 2,000 feet south of the Pedestrian Bridge and continuing northerly along Route 33 East
for approximately 3,000 feet to a point 1,000 feet northeast of the Pedestrian Bridge.
Also, on Route 198 East approximately 2,000 feet northwest of the Pedestrian Bridge and continuing southeasterly to the terminus
of Route 198 East with NY Route 33 West. Also, on Humboldt Parkway North and South between the intersections of Humboldt
Parkway with East Ferry Street and East Delevan Avenue,
All in the City of Buffalo, Erie County.
which is being reconstructed under Contract No. D261009 is hereby designated as a Restricted Highway. Designation of Restricted
Highway shall expire on December 31, 2009.
Pursuant to Section 1625 of the Vehicle and Traffic Law all movement of vehicles, persons or animals on such highway is hereby
restricted and regulated in accordance with the determination of the Commissioner of Transportation as evidenced by posted signs,
signals or barriers placed along said highway and/or by direction by an authorized representative of the Commissioner of
Transportation.
Any action taken by the Commissioner of Transportation pursuant to Section 1625 of the Vehicle and Traffic Law shall supersede
any other provisions of the Vehicle and Traffic Law where inconsistent or in conflict with respect to the following enumerated
subjects:
1. Establishment of maximum and minimum speed limits at which vehicles may proceed along any such restricted
highway.
2. Weights and dimensions of vehicles.
3. Use of such restricted highway by pedestrians, equestrians, and animals.
4. Parking, standing, stopping and backing of vehicles.
5. Control of persons and equipment engaged in work on such highway.
The provisions of the Vehicle and Traffic Law with respect to registration shall not apply to vehicles and equipment engaged in work
on such restricted highways.
When used on such restricted highways, all traffic control devices shall be considered as official traffic control devices and shall
conform to the manual and specifications for a uniform system of traffic control devices adopted by the Department of
Transportation.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE COMMISSIONER OF PUBLIC WORKS, PARKS AND
STREETS
NO. 38
OLMSTED PARKS-SCAJAQUADA TRAIL GROUNDBREAKING-JESSE KREGAL PATHWAY
Item available for review in the City Clerk’s Office
RECEIVED AND FILED
NO. 39
A THOMPSON-ARTICLE- FULL WEST VALLEY EXCAVATION URGED
ITEM #100 - CCP 3/31/09/WEST
Dear Ms. Rushton:
Thank you forwarding Item #100 to my office. I am glad to see the Common Council supports the full cleanup of the West Valley
site.
On April 2, 2009, at the Department of Energy hearing at Erie Community College, I testified in favor of the site-wide removal of
wastes at West Valley. I have attached a copy of the Buffalo News article on the hearing.
Please thank the Council for weighing in with their progressive stance on this issue.
Sincerely,
Antoine M. Thompson
~h
New York State Senate, 60District
NUCLEAR WASTE
Full West Valley excavation urged
By Harold McNeil
NEWS STAFF REPORTER
Several Western New York residents Wednesday called for a full excavation and cleanup at the West Valley nuclear waste facility,
which is not the preferred method of state and federal energy officials.
Most speakers at a public hearing in Erie Community College's City Campus opposed plans by the U. S. Department of Energy to
contain most of the waste on-site, while removing a small amount and defer making a decision on removing the rest for 30 years.
"We don't want a cosmetic effort that would take brown buildings and plant grass, hiding what lurks beneath the beautiful, rolling
countryside. If you put lipstick on a pig, it's still a pig," said Lee Lambert of the Coalition on West Valley Nuclear Waste.
Representatives from the Department of Energy and the State Energy Research and Development Authority presented highlights of
a draft environmental impact statement aimed at showing why removing the waste in phases would be preferred.
The preferred alternative would allow up to 30 years for collecting and analyzing technical data pertinent to site wide removal.
But Vincent Angelo of Youngstown, past president of Residents for Responsible Government, a community-based group fighting to
clean the environment in Lewiston and Youngstown insisted that would ignore the government's responsibility to West Valley.
"Your plan of action and the environmental impact statement [are] faulty in that it fails to address honestly, accurately and fully the
two major issues regarding West Valley. First, your plan must protect the residents of the area from actual and potential harm," said
Agnello.
"Secondly, and as important, your plan must remove any threat of contamination to the fresh drinking water of the Great Lakes.
Complete removal is the only viable solution that addresses both issues," he added.
State Sen. Antoine M. Thompson, D-Buffalo, through his deputy chief of staff, William Nowak, also advocated site-wide removal of
waste from the facility.
"As chair of the New York Senate Environmental Conservation Committee I would like to state in no uncertain terms that I support
the site wide removal option” Thompson said in a statement.
RECEIVED AND FILED
NO. 40
A. THOMPSON-OPPOSE SALE OF WINE IN SUPERMARKETS
ITEM #77 - CCP 3/17/09
Dear Ms. Rushton:
Thank you forwarding Item #77 to my office. I am personally opposed to the sale of wine in supermarkets and am happy to report
that this measure was not part of the recently passed state budget.
Please thank the Council for reaching out to me on this issue.
Sincerely,
Antoine M. Thompson
th
New York State Senate, 60District
RECEIVED AND FILED
NO. 41
W. TREZEVANT-REQUEST INVESTIGATION RE ALLIGATIONS
Honorable David A. Franczyk
President of the Common Council
City of Buffalo
1315 City Hall
65 Niagara Square
Buffalo, New York 14202
On March 5, 2009, I wrote you requesting that you conduct an
investigation into certain allegations regarding Council member Brian Davis.
During the intervening month, as you may be aware, information has surfaced in various news media outlets, including Art Voice as
well as yesterday's front page Buffalo News that confirmed the salient aspects of my initial letter of March 6, 2009. The increasingly
disturbing documented reports regarding Mr. Davis combined with the Council's lack of action is unsettling.
Amongst the items which have been documented are the following:
The blatant, willful and repeated violation of Election Laws (over a seven year period) for which he has been cited by the State;
2. The intervention in the case of a convicted drug dealer;
The intervention in the permit and approval process on behalf of a deli which intends to sell cigarettes and alcohol across the street
,
from the Herman Badillo Elementary School in violation of Local laws;
A property tax free home built by a prominent developer with extensive contracts with the city, within the context of a deal shrouded
in secrecy;
The intimidation of West Side deli owners who have now recanted their stories citing a lack of prosecution of Davis for the "One
Sunset" situation;
Mr. Davis's attempt to intimidate a Buffalo civil service
worker in an attempt to pull a duly filed public document;
Mr. Davis's approval of CBDG monies which were designated for the Ellicott District that were instead directed to the One Sunset
business. In addition, apparently both BURA and BERC monies were also used to assist the One Sunset business, monies that
were redirected from other projects.
Likewise according to the 28 page report by the U.S Department of Housing & Urban Development Buffalo, New York Office, a
finding was issued which "Questioned Eligibility of Livable Community Initiatives carries out by the City in the amount of
$2,609,939.69." More specifically this report in its issuance of "Finding Number Seventeen" cited the use of CBDG funds to support
the commercial development at market rate of the Granite Works Project and the Ellicott Street Warehouse Lofts.
These two projects lie exclusively within the Ellicott District and could not have been accomplished without the active and explicit
approval of Mr. Davis.
The use of any CBDG funds designated for the eradication of slum and blight areas for the purpose of underwriting private
commercial development is a clear cut violation of Federal law. Given Mr. Davis's sorted financial past, his active involvement and
approval of misuse of public funds for private commercial benefit demands a criminal investigation
Mr. Davis sits as the Chair of the Buffalo Police Oversight Committee. As you are well aware, recently a number of items were
returned to Mr. All. Items which were not covered by the initial search warrant issued by Judge Hannah. There remains and
outstanding question regarding not only the propriety of the initial search warrant, but also its scope of execution as well as the
subsequent activities of certain members of the Buffalo Police Department.
These allegations remain uninvestigated, which appears to be a direct result of Mr. Davis's private activities. There is a growing
concern that Mr. Davis has cut a "quid pro quo" deal, in which he refuses to investigate the activities of the Police Department,
which is his responsibility, in exchange for their refusal to investigate any allegation of his personal, alleged criminal activity. As a
result, none of these allegations have been investigated.
Mr. Davis's apparent continued use of a motor vehicle even though his license has been suspended for over two years, evidence of
which includes his active use of a City of Buffalo parking space for an unknown vehicle, i.e. one not registered with the State.
All of the above is patently unconscionable to the citizens of our City.
This combined with the previous concerns I raised in my prior letter evince a systemic pattern of behavior which indicates that his
private behavior may amount to criminal activity, activity which serves as the ample basis for the Council to remove Mr. Davis from
office. It is fundamentally clear that his public duties have been compromised by his private dealings, if for no other reason than the
appearance of a conflict of interest.
You have gone on record as saying that his actions may bring disrepute to the Common Council. I believe that ship has long since
sailed. Now is the time for the Common Council to take action and remove Mr. Davis from his position. The best interest of the City
demands such an action lest the Common Council become a body perceived as merely a Student Council
Should you have any questions or concerns, please feel free to contact me at your convenience.
REFERED TO THE COMMITTEE OF THE WHOLE AND THE BOARD OF ETHICS
NO. 42
VARIOUS BUSINESSES AGAINST OPERATION OF A SLAUGHTERHOUSE
Dear Council member,
We own or represent businesses located in the immediate vicinity of the proposed slaughterhouse and market on William and
Babcock Streets in Buffalo. We are concerned that the operations of a slaughterhouse in the area may have a substantial negative
effect on our businesses, and that in at least one case may even lead to the failure of the business. Further, we feel that although at
one time this area was known for livestock and slaughtering operations, in recent decades it has been promoted and "sold" as a
developing industrial area as evidenced by industrial parks, empire zones etc. We would like to see this theme continued. Council
President David Franczyk has said that the zoning currently allows for the keeping and slaughtering of poultry and rabbits. We feel
this is simply a remnant of an earlier time that should be changed to reflect the city and area as it exists today. Our companies have
contributed hundreds of jobs and many millions of dollars in taxes and commerce to Buffalo. Some of these businesses are the
result of new investment in the area, such as the Subway restaurant on Babcock and William. Others such as R&R Salvage have
been here for more than 50 years. Most of these companies did not receive notice of the council meeting at City Hall, and those that
did found the meeting had ended even before the start time indicated in the mailing. This has given the impression to some that the
process is being pushed or rushed through. We hope that is not the case. There are many questions that have not been sufficiently
answered. For example, are there restrictions on the size of the operation? Mister Jaarah says he will grow it into a huge business.
Is the "state of the art" ventilation system anything more than fans that will exhaust odor into the neighborhood?, and will they suffice
if production were to increase?, Exactly how will waste and feed if any, be stored and removed? Which companies specifically will
accept this waste? It has been suggested that conditions be placed on the license to operate to ensure that problems of odor,
rodents, etc. be handled properly. But are violations, if they were to occur, actionable by the removal of the right to conduct business
or would there simply be fines imposed that would allow continuing operation?
These are just a few of the questions and concerns that we hope you take seriously, We wish to be actively involved in the process
and would ask to have an opportunity to meet to gain better understanding and to voice oar opinions.
REFERRED TO THE COMMITTEE ON LEGISLATION
PETITIONS
NO. 43
S. MELI, OWNER, USE 716 ELMWOOD AVE, TO EXTEND RESTAURANT
(DEL)(HRG 5/5 )
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE CITY PLANNING BOARD
NO. 44
M. ROMANOWSKI, AGENT, REZONING 294-336 MAPLE ST FROM R-2 TO C-1
(ELL)(HRG 5/5 )
REFERRED TO THE COMMITTEE ON,LEGISLATION, THE CITY PLANNING BOARD AND ZONING BOARD OF APPEALS
REGULAR COMMITTEES
CIVIL SERVICE
(BONNIE E. RUSSELL, CHAIRPERSON)
NO. 45
APPT CRIME ANALYST (PERM)(MAX)(MARCIANO)(POL)
(CCP# 20,4/14)
That Communication 20 of April 14, 2009 be received and Filed and that the Permanent Appointment of Kathleen Marciano, 458
Parkside Avenue, Buffalo, NY 14216 at the intermediate salary of $53,584.00 is hereby approved.
PASSED
AYES - 9 NOES - 0
NO 46
APPT ASSISTANT CORPORATION COUNSEL II(PERM)(INTER)(COOPER)(CC)
(COP# 21,4/14)
That Communication 21 of April 14, 2009 be received and Filed and that the Permanent, Non Competitive Appointment of Cindy
Cooper, 174 Richmond Avenue, Buffalo, NY 14222 at the intermediate salary of $50,212.00 is hereby approved.
PASSED
AYES –9 NOES - 0
NO 47
NOTICES OF APPOINTMENTS TEMP/PROV/PERM
CCP# 36,4/14
That the above item be the same and hereby is Received and Filed
ADOPTED
FINANCE
(MICHAEL P, KEARNS, CHAIRMAN)
NO 48
BUFFALO WATER BOARD-MONTHLY OPERATIONS REPORT MARCH 2009
COP# 37, 4/14
That the above item be the same and hereby is Received and Filed
ADOPTED
COMMUNITY DEVELOPMENT
(MICHAEL J. LOCURTO, CHAIRMAN)
NO 49
M. LOCURTO-RESUBMIT REQ FOR INFO ADOPTION ANNUAL ACTION PLAN 2009-10
(#43, 4/14)
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO 50
M. KEARNS-R. SPETH-CONDITIONS OF CAZ PARK AND CASINO
(CCP# 57, 04/14)
Mr. LoCurto moved
That the above mentioned item be and the same is hereby referred to the Special Committee on Parks Oversight
ADOPTED
NO 51
DESIGNATE CENTRAL TERMINAL AS FAST SPEED RAIL HUB
(ITEM NO. 73, C.C.P., MAR. 17, 2009)
That the Common Council requests support for the designation of the Central Terminal from Governor David Paterson and our state
delegation, including Assemblyw0man Crystal Peoples (who has designated funding to the Central Terminal), State Senator Antoine
Thompson, Senator William Stachowski, and our entire Western New York Senate and Assembly delegation.
ADOPTED
NO 52
R. GRABER-CORRES. UPDATED PROPOSAL TO EST. EC PLANNING BD
(#26, 2/17)
That the above item be the same and hereby is Received and Filed.
ADOPTED
NO 53
RESULTS OF NEGOTIATIONS - 851 NORTHAMPTON
(ITEM NO. 10, C.C.P., MAR. 17, 2009)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. LoCurto moved that the above item be recommitted to the Committee on Community Development
ADOPTED
NO 54
CITY OF BUFFALO PROJECTS FOR WHICH FEDERAL FUNDING WILL BE REQUESTED FROM THE OBAMA
ADMINISTRATION
(ITEM NO. 57, C.C.P., JAN. 6, 2009)
That the Common Council requests that Councilmembers Franczyk, Fontana, Keams, LoCurto, Rivera, Russell and Smith file the
information as requested in the above mentioned resolution, with the City Clerk for presentation to the Common Council at its next
scheduled meeting.
ADOPTED
LEGISLATION
(JOSEPH GOLOMBEK JR., CHAIRMAN)
NO 55
FOOD STORE LICENSE - 825 BROADWAY
(ITEM NO. 23, C.C.P., APR. 14, 2009)
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be,
and he hereby is authorized to grant a Food Store License to Mohamed Bilal located at 825 Broadway d/b/a Broadway Lucky Market.
PASSED
AYES - 9 NOES - 0
NO 56
FOOD STORE LICENSE- 108 WILLIAM
(ITEM NO. 25, C.C.P., APR. 14, 2009)
That pursuant to Chapter 194 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be,
and he hereby is authorized to grant a Food Store License to Harem Hassan located at 108 William Street (Sunrise Market).
PASSED
AYES - 9 NOES - 0
NO 57
MEMORANDUM OF AGREEMENT
BUFFALO MUNICIPAL HOUSING AUTHORITY AND LOCAL 264
(ITEM NO. 29, C.C.P., APR. 14, 2009)
Mr. Golombek moved that the above item be recommitted to the Committee on Legislation
ADOPTED
NO 58
REQUEST TO CHANGE THE NAME OF SWEET AVENUE TO MADINAH AVENUE
(ITEM NO. 30, C.C.P., APRIL 14, 2009)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. LoCurto moved:
That pursuant to Section 286-3 of the City Code, after a public hearing on April 28, 2009 at 2:00 p.m. the Common Council hereby
changes the name of Sweet Avenue to Madinah Avenue and directs that copies of this item be forwarded to the County of Erie, the
United States Postal Service, the City's official Map office and the Department of Public Works, Parks and Streets.
PASSED
AYES - 9 NOES - 0
NO 59
ERIE CANAL HARBOR DEVEL CORP-NOTICE OF PROPOSED LEAD AGENCY DESIGNATION
PROPOSED BUFFALO HARBOR BRIDGE (CCP# 41, 04/14)
Mr. Golombek moved
That the above mentioned item be and the same is hereby Received and Filed
ADOPTED
NO 60
NYSDEC -UPDATE ON ENV INVESTIGATION-BFLO CHINA SITE BUFFALO HARBOR BRIDGE
(CCP# 47, 04/14)
Mr. Golombek moved
That the above mentioned item be and the same is hereby Received and Filed
ADOPTED
NO 61
N. ABRAHAM, PETITION TO USE 210 PORTER - ERECT MASONRY ADDITION
FOR TAKE-OUT RESTAURANT
(ITEM NO. 54, C.C.P., MAR. 31, 2009)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Golombek moved:
That after the public hearing before the Committee on Legislation on
April 7, 2009, the petition of N. Abraham, agent, for permission to erect a 14' 6" x 10' 3" masonry addition to a one-story masonry
convenience store/gas station at 210 Porter be, and hereby is approved.
Conditions for 210 Porter Avenue.
1. Hire landscape services.
2. Repair/replace flower bed on Columbus Pkwy. Side of bldg.
3. Maintain/clean up front of business regularly.
4. Meet with neighbors.
S. Repair/replace gate in front of dumpster.
6. Work on 1-5 must be completed before construction of addition begins.
7. Replace old gas pumps & islands.
8. Exhaust to kitchen should be located on east side of bldg.
9. Work on 7 & 8 to completion at time of construction.
PASSED
AYES - 9 NOES - 0
NO 62
R. BANKS, PETITION TO USE 1256 HERTEL - REESTABLISH RESTAURANT IN THE HERTEL AVENUE SPECIAL
DISTRICT
(ITEM NO. 57, C.C.P., MAR. 31, 2009)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Golombek moved:
That the petition of R. Banks, Owner, for permission to reestablish 1256 Hertel Avenue as a restaurant in the Hertel Avenue Special
District be, and hereby is approved.
PASSED
AYES - 9 NOES - 0
NO 63
SECOND HAND DEALER - 1495 HERTEL AVENUE
(ITEM NO. 32, C.C.P., MAR. 31, 2009)
That pursuant to Chapter 254 of the City Code, the Commissioner of Economic Development Permit and Inspections Services be,
and he hereby is authorized to grant a Second Hand Dealer License to Daryl Taberski located at 1495 Hertel Avenue d/b/a Atlas
Arts and Antiques.
PASSED
AYES - 9 NOES - 0
NO 64
BROTHER MICHAEL OBERST, USE 807 CLINTON STREET FOR A HUMAN SERVICES FACILITY
(ITEM NO. 52, C.C.P., MAR. 17, 2009)(ITEM NO. 84, C.C.P., MAR. 31, 2009)
That the above item be, and the same hereby is, returned to the Common Council without recommendation.
Mr. Golombek moved:
That the petition of Brother Michael Oberst, agent, for permission to use 807 Clinton Street for a Halfway House pursuant to City
Code Section 511-94 be, and hereby is approved, upon the following conditions:
1. Surveillance cameras be placed at the exits of the facility.
2. On-site security be provided anytime that the "Blessed Mother House" provides CEPHAS with 24 hour notice that it will be holding
an event.
3. A community advisory board is established of residents to advance any concerns that may arise.
4. The approval is limited to CEPHAS and its potential merging partner, "Hope of Buffalo" (Bisonette House) and is not transferrable
to any successor organization.
5. The Halfway House shall not house any one who is known to have a history of any sex offenses.
PASSED
AYES - 9 NOES - 0
NO 65
RESTAURANT DANCING CLASS III - 110 PEARL
(ITEM NO. 24, C.C.P., MAR. 3, 2009) (ITEM NO. 94, C.C.P., MAR. 31, 2009)
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 Legislation
ADOPTED
NO 66
J. DALY, USE 1854 HERTEL FOR AN OUTDOOR CARE
(ITEM NO. 53, C.C.P., MAR. 17, 2009)
That the petition of L Daly, owner, for permission to use 1854 Hertel Avenue to erect 2 outdoor caf4/patios (12' x 16' in front of
"1856") (13' x 20' in front of "1862", Parker side) and replace existing western most "1854" all to match with decorative wrought iron
railings be, and hereby is approved.
PASSED
AYES - 9 NOES - 0
NO 67
J. STEWERT, USE 1358 KENSINGTON FOR A HSF (UNIV)(NO PUB HRG)
(CCP# 35, 02/17)
Mr. Golombek moved
That the above mentioned item be and the same is hereby Received and Filed
ADOPTED
NO 68
D. SMITH-AMERICAN WATER SERVICES-LETTER RE WATER SERVICE LEAK
(CCP# 52, 11/12)
Mr. Golombek moved
That the above mentioned item be and the same is hereby Received and Filed
ADOPTED
NO 69
LODGING HOUSE LICENSE - 194 CHADDUCK
(ITEM NO. 17, C.C.P., OCT. 14, 2008)
(ITEM NO. 58, C.C.P., OCT. 28, 2008)
That pursuant to Chapter 269 of the City Code, the Commissioner of Economic Development, Permit and Inspections Services be,
and he hereby is authorized to grant a Lodging House License to Wane Barnes d/b/a Lexy WNY LLC located at 194 Chadduck.
PASSED
AYES - 9 NOES - 0
NO 70
SWEET AVENUE, PROPOSED NAME CHANGE TO MADINAL AVENUE
(ITEM NO. 41, C. C.P., MAR. 4, 2008)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That the above-mentioned item be and the same is herby received and filed.
ADOPTED
NO 71
SWEET AVENUE, PROPOSED NAME CHANGE SWEET AVENUE TO MADINAH AVENUE
(ITEM NO. 35, C.C.P., MAR. 18, 2009)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That the above-mentioned item be and the same is hereby received and filed.
ADOPTED
NO 72
I. MEMON - REQ. NAME CHANGE SWEET AVENUE TO MADINAH AVENUE
(ITEM NO. 47, C.C.P., FEB. 19, 2009)
That the above item be, and the same hereby is returned to the Common Council without recommendation.
Mr. Golombek moved:
That the above-mentioned item be and the same is hereby received and filed.
ADOPTED.
SPECIAL COMMITTEES
PUBLIC TRANSPORTATION
(MICHAEL P. KEARNS)
NO 73
M. KEARNS-J. DRISCOLL-INFO RE TRANSPORTATION
(CCP# 41, 3/31)
Mr. Kearns moved
That the above mentioned item be and the same is hereby Received and Filed
ADOPTED
NO 74
M. KEARNS-M. RAZRNUS-CONCERNS-NFTA ABBOTT ROAD BUS CONCERNS(#43, 3/31)
COP# 63, 4/14
Mr. Kearns moved
That the above item be the same and hereby is Received and Filed
ADOPTED
RESOLUTIONS
NO 75
BY: MICHAEL P. KEARNS
ESTABLISHING A "CITY-CORPS" PARTNERSHIP BETWEEN THE CITY OF BUFFALO AND
WESTERN NEW YORK AMERICORPS VISTA
WHEREAS, On Tuesday, April 21, 2009 President Barack Obama signed into law a $5.7 billion national service bill that will triple
the size of the AmeriCorps national service program over the next eight years; and
WHEREAS, The aforementioned legislation supports current initiatives to promote volunteerism, to instill pride in community, and to
"connect needs to deeds"; and
WHEREAS, Since its inception more than a decade ago, the Western New York chapter of AmeriCorps ("WNY AC") has
sponsored, among other programs, a Volunteer in Service to America ("VISTA") national service program that is dedicated to
fighting poverty, empowering citizens and effecting change in the City of Buffalo as well as elsewhere in Western New York; and
WHEREAS, The impact of WNYAC VISTA resonates throughout our communities, and it is particularly felt during the events
organized for the Martin Luther King, Jr. Day of Service, Earth Week, and AmeriCorps Week, all of which involve large-scale
projects that bring diverse groups of community members together to participate in rehabilitations, clean-ups and other forms of
direct service; and
WHEREAS, Each WNY AC VISTA member commits to a one-year term of service, the purpose of which is to build the capacity of,
and implement strategies for the sustainability of, agencies providing resources to our low-income communities; and
WHEREAS, Such VISTA members are supported by a cost-share program whereby each host site provides one-half of the total
member support, and that amount is then matched on a one-to-one basis by WNY AC; and
WHEREAS, The current cost per VISTA member of the above arrangement to a given host site is $5,000, though recent legislation
may reduce said cost to as low as $1,000 per member; and
WHEREAS, WNYAC VISTA is seeking to expand its role in the City of Buffalo, to assist City of Buffalo public officials in providing
urgent needs to members of our neighborhoods, and to dedicate its resources to improving the quality of life in Greater Buffalo; and
WHEREAS, The ability of the City of Buffalo to act as a VISTA "host-site" will allow representatives of all eleven Good Neighbor
Planning Alliances ("GNPAs") to team with a nationally recognized poverty fighting organization in targeting district-specific needs;
and
WHEREAS, New York State will be releasing to WNY AC VISTA the applications needed to establish new partnerships in the
coming weeks; said applications must be completed and submitted to WNY AC VISTA by mid-June; and
WHEREAS, All eleven GNPA's will have the opportunity to complete the application, thereby requesting that a VISTA member is
made available to enhance the quality and quantity of resources that are provided to the low-income communities in each respective
district; and
NOW THEREFORE BE IT RESOLVED,
That each member of the Common Council work with the GNPA(s) in their respective districts to complete a New York State
AmeriCorps application, by a soon-to-be-released deadline, with the purpose of creating a partnership between Western New York
AmeriCorps VISTA and the City of Buffalo, to be known as "CityCorps"; and
BE IT FURTHER RESOLVED,
That a request be forwarded to Commissioner Steven Stepniak of the Department of Public Works to identify unused office space in
City Hall for Western New York AmeriCorps VISTA to house CityCorps administrative staff members.
Michael P. Kearns Richard A. Fontana
South District Council Member Lovejoy District Council Member
Michael J. LoCurto David A. Rivera
Delaware District Council Member Niagara District Council Member
David A. Franczyk Joseph Golombek, Jr
Fillmore District Council Member North District Council Member
ADOPT 1st and 2nd RESOLVE, REMAINDER TO THE COMMITTEE ON FINANCE
NO 76
BY: MR. FONTANA
DISC LEG-CCP #22, 4/14/09-FOOD STORE LICENSE 2594 BAILEY
Whereas: The above item is currently in the Legislation Committee; 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 Legislation Committee from further consideration of Item # 22, C.C.P. April
14, 2009, "Food Store License-2594 Bailey (Lov) (EDPI)" and said item is now before the Common Council for its consideration.
nd
Mr. Fontana moved to Adopt the Discharge, 2 by Mr. Smith
nd
Mr. Fontana now moves to Approve said item, 2 by Mr. Smith
PASSED
AYES - 9 NOES - 0
NO 77
BY: MR. GOLOMBEK
REDUCE COMMON COUNCIL TERMS FROM 4 YEARS TO 2 YEARS
Whereas: In 1999 the City Charter was changed and Common Council terms were lengthened from two years to four years,
beginning with the elections of 2003; and
Whereas: Longer Council terms were justified on the basis of allowing lawmakers to shift time from campaigning to governing, so
that Council Members would be able to concentrate on long term projects and not the politics of running for re-election every other
year; and
Whereas: It can be argued that the City of Buffalo has not experienced any improvement with four year terms, as politics as usual
continue in the Common Council; and
Whereas: The ability of the voters to replace ineffective members is hampered by four year terms; and
Whereas: Many residents are now saying that a four year Council term is just too long; and
Whereas: Some even maintain that longer terms have led to less accountability by politicians who don't have to fear another election
for four years; and
Whereas: Two year terms encourage more candidates to be engaged and run for office. It brings fresh ideas and fresh enthusiasm
to local races. Shorter terms are more democratic and give the citizens a more responsive representation. Ineffective elected officials
can be voted out of office more quickly; and
Whereas: Two year terms may make Council Members more sensitive and responsive to the public and their concerns as they
would need be voted into office on a more regular basis;
Now, Therefore be it Resolved:
That this item be sent to the Legislation Committee for further discussion; and
Be it Further Resolved:
That the Common Council of the City of Buffalo supports reducing the term of Council Members from four years to two years
beginning with the election of 2011; and
Be it Finally Resolved:
That the Common Council directs the Corporation Counsel to draft referendum language reducing the term of Council Members
from four years to two years so that the public can vote on this item in the November 2009 election.
nd
Motion by Mr. Smith to send to Legislation, 2 by Mr. Golombek
AYES – Davis, Golombek, Russell, Smith 4 NOES – Fontana, Franczyk, Kearns, LoCurto, Rivera 5
RECEIVED AND FILED
NO 78
BY: MR. KEARNS
RE: GRANT PERMISSION TO SORRENTO LACTALIS COMMERCIAL, INC. TO
HANG BANNER ON SOUTH PARK AVENUE
Whereas: Sorrento Lactalis Commercial, Inc., 2376 South Park Avenue, requests permission to hang a banner across South Park
Avenue in support of Gilda's Club's Celebration of Life Luncheon; and
Whereas: The banner will hang from April 29, 2009 to May 25, 2009; and
Whereas: Sorrento Lactalis Commercial, Inc. is continuing to sponsor the WNY chapter of Gilda's Club and the banner will help
promote Sorrento's on-going sponsor relationship with Gilda's Club WNY; and
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo grants permission to Sorrento Lactalis Commercial, Inc. to hang an informational
banner across South Park Avenue to promote Gilda's Club WNY and their Celebration of Life Luncheon; and
Be It Further Resolved:
That the banner will hang across South Park Avenue, from corporate headquarters at 2236 South Park Avenue to the Sorrento plant
at 2375 South Park Avenue, from April 29, 2009 to May 25, 2009; and
Be It Finally Resolved:
That said banner must meet all requirements of pertinent city departments and that no existing laws are violated.
ADOPTED
NO 79
BY: DEMONE A SMITH
APPOINTMENTS COMMISSIONERS OF DEEDS REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC DUTIES
That the following persons are hereby appointed as Commissioner of Deeds for The term ending December 31,2010, conditional
upon the persons so appointed certifying under oath to their qualifications and filing same with the City of Buffalo
Thomas Lillis
TOTAL 1
ADOPTED
NO 80
BY: DEMONE A SMITH
APPOINTMENTS COMMISSIONER OF DEEDS
That the following persons are hereby appointed as Commissioner of Deeds for the term ending December 31,2010, conditional,
upon the person so appointed certifying under oath to their qualifications and filing same with the City Clerk:
Gloria Nobile
TOTAL 1
ADOPTED
NO 81
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, May 5, 2009 at 9:45 o'clock A.M.
Committee on Finance Tuesday, May 5, 2009 at 10:00 o'clock A.M.
following Civil Service
Committee on Comm. Dev. Tuesday, May 5, 2009 at 1:00 o'clock P.M.
Committee on Legislation Tuesday, May 5, 2009 at 2:00 o'clock P.M.
(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 82
ADJOURNMENT
On a motion by Mr. Fontana, Seconded by Mr. LoCurto, the Council adjourned at 3:40 P.M.
GERALD CHWALINSKI
CITY CLERK
Board of Police and Fire Pension Proceedings #3
Office of the Mayor-201 City Hall
April 16, 2009
Present: David Rodriguez, Corporation Counsel
Hon. H. McCarthy Gipson, Commissioner of Police
Darryl McPherson, City Auditor
The Journal of the last meeting was approved.
No. 1
I transmit herewith the Pension Payroll for the Fire Pension Fund for the month of April 2009
amounting to $3,740.00, and request that check be drawn to the order of the persons named
herein for the amounts stated.
Adopted
Ayes-. Noes-0.
No. 2
I transmit herewith the Pension Payroll for the Police Pension Fund for the month of April
2009 amounting to $3,760.00, and request that check be drawn to the order of the persons
named herein for the amounts stated.
Adopted.
Ayes-. Noes-0.
Received and Filed
No. 3
On motion by Mr. McPherson the City of Buffalo Police and Fire Pension Board Meeting
adjourned at 11:05 a.m.