HomeMy WebLinkAbout01-1211
01-1211.txt
No. 23
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
December 11, 2001
MAYOR
Hon. Anthony M. Masiello
COMPTROLLER
Anthony Nanula
COMMON COUNCIL
PRESIDENT OF THE COUNCIL
James W. Pitts
PRESIDENT PRO TEMPORE
Richard A. Fontana
MAJORITY LEADER
Rosemarie Lo Tempio
COUNCILMEMBERS-AT-LARGE
Beverly Gray
Charlie A. Fisher III
Rosemarie LoTempio
DISTRICT COUNCIL MEMBERS
MARC A. COPPOLA - DELAWARE
BARBARA MILLER-WILLIAMS - ELLICOTT
KAREN R. ELLINGTON - FILLMORE
RICHARD A. FONTANA - LOVEJOY
ANTOINE M. THOMPSON - MASTEN
DOMINIC BONIFACIO - NIAGARA
JOSEPH GOLOMBEK JR. - NORTH
MARY M. MARTINO - SOUTH
BETTY JEAN GRANT - UNIVERSITY
REGULAR COMMITTEES
CIVIL SERVICE COMMITTEE: Barbara Miller-
Williams, Chairman, Karen R. Ellington, Charley H. Fisher
III, Betty Jean Grant, Rosemarie LoTempio
CLAIMS COMMITTEE: Mary M. Martino, Chairman,
Marc A. Coppola, Richard Fontana, Betty Jean Grant and
Barbara Miller-Williams-Members
COMMUNITY DEVELOPMENT COMMITTEE: Beverly
Gray, Chairman, Joseph Golombek Jr., Rosemarie
LoTempio, , Karen Ellington, Charley H. Fisher III, Antoine
Thompson-Members
FINANCE COMMITTEE: Betty Jean Grant, Chairman,
Page 1
01-1211.txt
Marc A. Coppola, Karen R. Ellington, Charley H. Fisher III,
Mary M. Martino, Barbara Miller-Williams-Members.
LEGISLATION COMMITTEE: Richard A. Fontana,
Chairman, Rosemarie LoTempio, Beverly Gray, Dominic
Bonifacio Jr., Joseph Golombek Jr., Antoine Thompson,
Members
RULES COMMITTEE: James W. Pitts, Chairman
Beverly Gray, Rosemarie LoTempio , Members
EDUCATION COMMITTEE: Charley H. Fisher III,
Chairman, Dominic Bonifacio Jr., Beverly Gray, Joseph
Golombek Jr., Karen R. Ellington, Richard Fontana
SPECIAL COMMITTEES
TELECOMMUNICATIONS COMMITTEE: James W.
Pitts, Chairman, Beverly Gray, Rosemarie LoTempio, Betty
Jean Grant, Barbara Miller-Williams.
BUDGET COMMITTEE: Rosemarie LoTempio ,
Chairman, Byron Brown , Richard Fontana, Mary M. Martino,
James W. Pitts
ERIE BASIN MARINA LEASE COMMITTEE: James
W. Pitts, Chairman, Beverly Gray, Dominic Bonifacio, Jr.,
Charley H. Fisher III, Joseph Golombek Jr.
POLICE REORGANIZATION COMMITTEE: Dominic
Bonifacio Jr., Chairman, Karen R. Ellington, Richard
Fontana, Barbara Miller-Williams, Mary Martino, Charley
Fisher III.
CORPORATION PROCEEDINGS
COMMON COUNCIL
CITY HALL - BUFFALO
TUESDAY, DECEMBER 11, 2001
AT 2:00 P.M.
PRESENT - James W. Pitts President of the Council, and
Council Members Bonifacio, Brown, Coppola, Ellington, Fisher,
Fontana, Golombek Grant, LoTempio, Martino, Thompson and
Williams - 11.
ABSENT - Gray -1
On a motion by Mrs. LoTempio, seconded by Mr.Fontana, the
minutes of the stated meeting held on November 27, 2001 were
approved.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE MAYOR
NO. 1
DESIGNATION OF NOMINEES FOR APPOINTMENT TO THE
BOARD OF TRUSTEES OF THE BUFFALO AND ERIE COUNTY
LIBRARY
Page 2
01-1211.txt
Pursuant to Section 6212 of the Unconsolidated Laws, being
Chapter 768, Section 2 of the Laws of 1953, transmitted herewith are
my designated nominees to the Board of Trustees of the Buffalo and
Erie County Public Library. The County Executive, subject to
confirmation by the County Legislature, will appoint one nominee for a
term expiring December 31, 2006. Sharon Thomas is currently a
Library Trustee, therefore she is nominated for re-appointment.
Sharon A. Thomas76 Benwood Avenue Buffalo,
NY 14214
Sharon Thomas is Chief Clerk of Buffalo City Court. She is directly
responsible for all Court operations, Criminal Records Division and all
aspects of its day-to-day operations. She is affiliated with numerous
civic organizations and the recipient of many awards, including Black
Achievers Award.
David F. Granville9 Cottage Street Buffalo, N.Y.
14201
Mr. Granville is the Executive Director, City of Buffalo Arts
Commission. He serves as administrative for 15 member City of
Buffalo Arts Commission and 17 member Arts and Cultural Funding
Advisory Committee. From 1986 thru 1993) David was
Director/Assistant Director of Niagara University Theatre, Buffalo
Ensemble Theatre, Holy Name College Theatre (Oakland, CA),
Greater Buffalo Opera Company, and Eastman School of Music Opera
Theatre (Rochester, N.Y.)
Maureen Danahy, SSJ151 Summit Avenue
Buffalo, N.Y. 14201
At the present time Maureen Danahy is Director of the Mayor's
Internship Program. From 1972-1998 she was an elementary school
teacher. Maureen has taught grades 2-8 over the course of her
teaching career.
I hereby certify that the above designees are fully qualified to serve as
members of the Board of Trustees of the Buffalo and Erie County
Library.
Mrs. LoTempio moved:
That the above communication from the Mayor dated November 20,
2001, be received and filed; and
That the designation of Sharon A. Thomas, 76 Benwood, David F.
Granville, 9 Cottage Street and Maureen Danahy, SSJ, 151 Surnmit
Avenue nominees for appointment to the Board of Trustees of the
Buffalo and Erie County Library, subject to the confirmation by the Erie
County Legislature for a term expiring December 31, 2006, be and
hereby is approved.
PASSED
AYES -12 NOES - 0
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE OFFICE OF CITIZEN SERVICES
NO. 2
MONTHLY REPORT FROM THE DIVISION OF CITIZEN
SERVICES (MAYOR'S COMPLAINT HOT LINE)
Dear Members of Buffalo's Common Council:
Attached is the November, 2001 activity report from the Division of
Citizen Services.
Complaint calls and or service calls, were down for the third
consecutive month, compared to July and August.
This trend seems to be caused by a drop off in garbage tote
exchanges; better garbage pick-up; a seasonal drop off in inspection
requests; and the absence of any snow fall in November.
The only specific requests that were forwarded to any city
departments, were complaints about broken garbage totes in the North
(27) and South (23) councilmanic districts, which were noticeably
higher than in the other seven (7) council districts.
Page 3
01-1211.txt
Also, the rodent complaints were the fewest total in the seventeen-
(17) months of the "hotlines 11) recording history. Hopefully, this
dramatic reduction is the result of the garbage totes program and the
City-County Rodent Baiting Program.
Overall, three consecutive months of reduced calls in all categories
reflects extremely well, on the quality of services being provided to the
city's residents.
The division hopes that the Council finds the attached information to
be useful.
ATTACHMENTS
RECEIVED AND FILED
FROM THE CITY PLANNING BOARD
NO. 3
24 S. ELMWOOD INC.
24 S. ELMWOOD AVE.
ACCESSORY SIGN
ITEM NO. 63, C.C.P. 11/27/2001
The City Planning Board at its regular meeting held Tuesday,
December 4, 2001, considered the matter captioned above pursuant
to Section 387-19 of the Buffalo Code, Application for billboard, ground
or pole sign permits.
The applicant seeks to erect a partially illuminated 5lx4'6'3" ground
"ID" sign at 24 S. Elmwood Avenue. The sign will advertise a parking
lot that is in the Waterfront Urban Renewal Plan Area. The applicant
as part of the sign proposal indicated they would be improving the
landscaped area along the front property line of the parking lot with
new scrubs and plantings. Under SEQR the proposed sign is
considered an unlisted action which may be studied through
uncoordinated review.
The Planning Board voted to recommend approval of the proposed
accessory sign.
RECEIVED AND FILED
NO. 4
COUNTY OF ERIE
77 V, EAGLE ST.
CONDUIT ENCROACHMENT
ITEM NO. 18, C.C.P. 11/27/2001
The City Planning Board at its regular meeting held Tuesday,
December 4, 2001, considered the matter captioned above pursuant
to Section 413-67 of the Buffalo Code, Encroachment Regulations.
The applicant seeks to encroach the right-of-way with the installation
of underground fiber optic conduit connecting 77 and 110 W. Eagle
Streets.
The Planning Board voted to approve the encroachments with the
condition that a coordinated digging process occur with the
Department of Public Works for any planned street, curb and sidewalk
improvements.
RECEIVED AND FILED
NO. 5
FRANCONFORTE & M. FALISE
534 COLVIN AVE.
1731 TELECOMMUNICATION TOWER
ITEM NO. 82, C.C.P. 10/16/01
The City Planning Board at its regular meeting held Tuesday,
December 4, 2001, considered the matter captioned above pursuant
to Section 511-158 of the Buffalo Code, Restrict use permits,
Telecommunications Towers.
The applicant seeks to erect a 173 telecommunication tower in an
"R211 zoning district located at the rear of 534 Colvin Avenue.
The Planning Board voted to receive and file the proposed tower since
Page 4
01-1211.txt
the Common Council has already approved the item. The Board had
some concerns that the Common Council would ask for their
comments and not wait to hear them before approving an item.
RECEIVED AND FILED
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 6
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM
81 BEATRICE AVENUE & 15 EIGHTEENTH STREET
The Office of Strategic Planning, Division of Real Estate has surveyed
the city-owned vacant lots mentioned below. These properties were
acquired from the New York State Department of Housing and Urban
Development. It has been determined that these parcels are
inappropriate for either the construction of new housing or needed for
public purposes.
The Division of Inspections and Division of Collections have been
contacted. There are no property code violations, taxes or other liens
owed to the City of Buffalo by the homesteaders.
Property AddressClient Name & AddressPurpose
81 Beatrice AvenueBonnie Eschbornextra yard space
Lot Size: 30' x 132'85 Beatrice Avenue 14207
15 Eighteenth StreetMaria Picaextra yard space
Lot Size: 26' x 106'11 Eighteenth Street 14213
Both purchasers are in agreement to the following terms and
conditions: 1. The lots will be kept clear and maintained in the event
title is obtained under the Urban Homestead Program 2. Purchasers
agree to pal the taxes due, transfer tax, recording fees and cost of the
legal description
I further recommend that the Corporation Counsel prepare the
necessary documents for the transfer o title and that the Mayor be
authorized to execute the same.
81 BEATRICE REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT 15 EIGHTEENTH APPROVED
Mrs. LoTempio moved:
That the above communication from the Office of Strategic Planning
dated December 4, 2001, be received and filed; and
That the city-owned property commonly known as 15 Eighteenth
Street, is hereby designated as Homestead Property, and that the
Mayor be, and he hereby is authorized to execute a deed transferring
said property to Maria Pica, residing at I I Eighteenth Street, for the
amount of One Dollar ($1.00) and no more, and all costs of transfer,
on the condition the property is cleared and improved within six (6)
months and maintained in a sanitary manner; and
That the city-owned property commonly known as 81 Beatrice Avenue
will be referred to the Committee on Community Development.
That the City-Owned property commonly known as 81 Beatrice
Avenue is hereby designated as Homestead property and that the
Mayor be and he hereby is authorized to execute a d transforming said
property to Bonnie Eschborn, residing at 85 Beatrice Avenue for the of
one dollar($1.00) and no money and all costs of transfer on the
condition that prop is cleared and improved within six(6) months and
maintained in a sanitary manner.
PASSED
AYES -12 NOES - 0
NO. 7
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM
VARIOUS CITY-OWNED PROPERTIES
The Office of Strategic Planning, Division of Real Estate has
surveyed the city-owned vacant lots mentioned below. It has been
determined that these parcels are inappropriate for either the
construction of new housing or needed for public purposes.
The Division of Inspections and Division of Collections have been
Page 5
01-1211.txt
contacted. There are no property code violations, taxes or other liens
owed to the City of Buffalo by the homesteaders.
Property AddressClient Name & AddressPurpose
82 ArnoldPeter Vogue, Jr.extra yard space
Lot Size: 30' x 105'84 Arnold Street 14213
65 Clare StreetDana S. Kazukiewiczextra yard space
Lot Size: 25' x 109'61 Clare Street 14206
188 JewettJacqueline Smothersextra yard space
Lot Size: 30' x 120'192 Jewett Avenue 14214
95 Viaduct ElkSarah Seifertextra yard space
Lot Size: 29' x 84'93 Viaduct Elk Street 14210
All parties are in agreement to the following terms and conditions: 1.
The lots will be kept clean an maintained in the event title is obtained
under the Urban Homestead Program 2. Purchasers agree to pay the
transfer tax, recording fees and cost of the legal description.
I further recommend that the Corporation Counsel prepare the
necessary documents for the transfer o title and that the Mayor be
authorized to execute the same.
Mrs. LoTempio moved
That the above communication from the Office of Strategic Planning
dated December 5, 2001, be received and filed; and
That the city-owned property commonly known as 82 Arnold Street, is
hereby designated as Homestead Property, and that the Mayor be,
and he hereby is authorized to execute a deed transferring said
property to Peter Vogue, Jr., residing at 84 Arnold Street, for the
amount of One Dollar ($1.00) and no more, and all costs of transfer,
on the condition the property is cleared and improved within six (6)
months and maintained in a sanitary manner; and
That the city-owned properties commonly known as 65 Clare Street,
188 Jewett, and 95 Viaduct Elk Street will be referred to the
Committee on Community Development.
ARNOLD APPROVED CLARE, JEWETT AND VIADUCT REFERRED
TO THE COMMITTEE ON COMMUNITY DEVELOPMENT
PASSED
AYES -12 NOES - 0
FROM THE COMPTROLLER
NO. 8
AUDIT OF BUFFALO WATER BOARD
City Comptroller to commence an audit of the Buffalo Water Board
for the period ending 6/30/00 and 6/30/01.
RECEIVED AND FILED
NO. 9
DIFFERENCE IN PAY
JOHN LAPICHINO
Mr. John lapichino, Assistant Auditor in the Division of Audit, is on
Worker's Compensation benefits as of October 31, 2001. As stated in
the City Ordinance, Chapter 35, Article VI, each employee is entitled to
a difference in pay allowance. Therefore, Mr. lapichino is entitled to a
difference in pay. The difference between Worker's Compensation
benefits and his regular salary less deductions is $8.16 per day. John
lapichino's anticipated return to work is the first week of January, 2002.
Mrs. LoTempio moved:
That the above communication from the Department of Audit and
Control dated December 4, 2001 be received and filed; and
That the Comptroller be, and he hereby is authorized to pay John
lapichino, Assistant Auditor in the Division of Audit in the amount of
$8.16 per day for difference in pay allowance under the provisions of
the Workers' Compensation Law from October 31, 2001 for a period
not to exceed six (6) months.
PASSED
AYES -12 NOES - 0
Page 6
01-1211.txt
NO. 10
CERTIFICATE OF NECESSITY
INCREASED APPROPRIATION
SOLID WASTE ENTERPRISE FUND
We, Anthony M. Masiello, Mayor and Anthony R. Nanula,
Comptroller, do hereby certify pursuant to 20-11 of the Charter, that
an increase in the sum of $13 1,481.95 in the estimates for the fiscal
year beginning July 1, 2001 is necessary in Appropriation Allotments -
Solid Waste - Leasing of Equipment and Vehicles to meet a
contingency which could not have been reasonably foreseen when the
budget was adopted. The amount of increased appropriation will be
met from an increase in the revenue account 52510030 - 392101 Solid
Waste - Sale of Land, Buildings & Equipment not otherwise
appropriated for any other purpose. The detail of the requirement is set
forth below:
To:
52002606 - Solid Waste - Refuse & Recycling
444202 - Leasing of Equipment & Vehicles$131,481.95
Dated: Buffalo, NY, December 6, 2001
RECEIVED AND FILED
NO. 11
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
PLANNING FOR CAPITAL PROJECTS
PUBLIC WORKS
We, Anthony M. Masiello, Mayor and Anthony R. Nanula,
Comptroller, do hereby certify, pursuant to
20-12 of the Charter, that it is necessary that the sum of $250,000 be
transferred and reappropriated from the Planning for Capital Projects
account, as set forth below:
From:
30000106 - 445 100 Planning for Capital Projects$250,000
To:
31655806-445100GIS Development$100,000
31300006 - 445100 Emerson Playground Football Field$ 25,000
31310006 - 445 100 Delaware Park Lake Pumps$ 25,000
31323706 - 445 100 Scajaquada Pathway Design - Phase 11
$100,000
Total$250,000
RECEIVED AND FILED
NO. 12
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
PLANNING FOR CAPITAL PROJECTS
PUBLIC WORKS
We, Anthony M. Masiello, Mayor and Anthony R. Nanula,
Comptroller, do hereby certify, pursuant to
20-12 of the Charter, that it is necessary that the sum of $332,500 be
transferred and reappropriated from the Planning for Capital Projects
account, as set forth below:
From:
30000106 - 445100 Planning for Capital Projects$332,500
To:
36310206 - 445 100 Jefferson Renovation/Masten District
Infrastructure$ 50,000
36311106 - 445 100 Signal Improvements (CMAQ)$100,000
36320306 - 445 100 Broadway Garage Study$ 7,500
32447006 - 445500 Buffalo Intermodal Transportation Center
$175,000
Total$332,500
Page 7
01-1211.txt
RECEIVED AND FILED
FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION
NO. 13
JACQUELINE M. BALD
RESIGNATION ACCOUNT CLERK
Jacqueline M. Bald had previously been granted, effective May 21,
2001, a twelve (12) month leave of absence without pay from her
permanent position of Account Clerk in the Department of Assessment
and Taxation, to allow her to accept a position with the Erie County
Department of Social Services.
Jacqueline M. Bald has now submitted her resignation, effective
November 14, 2001, from her permanent position with the Department
of Assessment and Taxation.
RECEIVED AND FILED
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND
STREETS
NO. 14
CITY OF BUFFALO TRAFFIC SAFETY EDUCATIONAL PROGRAM
APPROVAL OF THE GRANT - 10/ 1 /0 1 & 9/3 0/02
The City of Buffalo has applied for and been offered a grant from
the New York State Governor's Traffic Safety Committee. This grant is
in the amount of $67,650.00. With this grant, the City would enter into
contract agreement with a project director who would coordinate the
City of Buffalo Traffic Safety Educational Program. The grant will
reimburse the City for the director's cost, along with $1,500.00,
reimbursement for supplies, postage, travel, materials and helmets.
I respectfully request Your Honorable Body's authorization to accept
this grant from the State and to enter into agreement with Ms.
Francina Cartonia, 199 Virgil Avenue, Buffalo, NY 14216, to provide
the services of the project director at a base cost of $49,000.00 plus
35% fringe benefits. The Director's salary will be reimbursed by the
State under the terms of the grant. Mrs. Cartonia was chosen as the
director because of her prior experience working on similar projects
and as director of these grants for the past 9 years. She was also the
developer of the grant proposal and shepherd of its approval by the
State.
The New York State Governor's Traffic Safety Committee has agreed
to pay the City Of Buffalo in advance, on a two month at a time,
payment schedule. The City of Buffalo would therefore not be required
to advance funds to the Director of this program for either labor costs
or expenses.
Mrs. LoTempio moved:
That the above communication from the Commissioner of Public
works, Parks and Streets dated November 30, 2001, be received and
filed; and
That the Commissioner of Public Works, Parks and Streets, be, and
he hereby is authorized on behalf of the City to accept from the New
York State Governor's Traffic Safety Committee in the amount of
$67,650.00 to enter into an agreement to coordinate the City of Buffalo
Traffic Safety Educational Program with Ms. Francina Cartonia, 199
Virgil Avenue to provide the services of the project director at a bse
cost of $49,000.00 plus 35% fringe benefits.
PASSED
AYES -12 NOES - 0
NO. 15
CHANGE IN CONTRACT
CARMICHAEL CENTER
HANDICAPPED ACCESSIBILITY
GENERAL CONSTRUCTION
I hereby submit to Your Honorable Body the following changes for
Page 8
01-1211.txt
the Carmichael Center, Handicapped Accessibility, General
Construction, C. Nichter, Inc., C #92010389.
1.Credit for work not performed on existing gymnasium floor.
2. New return air grilles for HVAC system.
3.Difference in cost between hardware allowance and actual cost of
hardware.
Deduct$12,150.00
Add$ 1,805.00
Add$ 2,831.00
The foregoing change results in a net decrease in the contract of
Seven Thousand Five Hundred Fourteen and 00/100 Dollars
(-$7,514.00).
Summary: Current Contract Amount$ 216,202.00
Amount of This Change Order (#3) Deduct $ 7,514.00
Revised Contract Amount$ 208,688.00
Costs have been reviewed by the Consulting Architect (Jerome Biedny
& Associates) and the Department of Public Works, Parks & Streets
and were found to be fair and equitable. Funds for this work are to be
credited to CPF 34321306 445100 -Division of Buildings.
I request that Your Honorable Body authorize the Commissioner of
Public Works, Parks & Streets to issue a change order to the
contractor as set forth above.
Mrs. LoTempio moved:
That the above communication from the Commissioner of Public
Works, Parks and Streets dated November 26, 200 1, be received and
filed; and
That the Commissioner of Public Works, Parks and Streets be, and he
hereby is authorized to issue change order No. 3, to C. Nichter, Inc., a
decrease in the amount of $7,514.00, as more fully described in the
above communication, for work relating to Carmichael Center,
Handicapped Accessibility, General Construction, C #92010389.
Funds for this project are to be credited to CPF 34321306 445 100 -
Division of Buildings.
PASSED
AYES -12 NOES - 0
NO. 16
CHANGE IN CONTRACT
MARCY CASINO - DELAWARE PARK
GUTTER MODIFICATIONS
REPAIR/SEALING OF CONCRETE PATIO
I hereby submit to Your Honorable Body the following changes for
Marcy Casino, Delaware Park, Repair/Sealing of Concrete Patio,
Raymond E. Kelley, Inc., C #92010439.
1. Additional crack repairs.Add $2,141.80
The foregoing change results in a net increase in the contract of Two
Thousand One Hundred Forty One and 80/100 Dollars ($2,141.80).
Summary: Current Contract Amount$31,145.00
Amount of This Change Order (#1)Add$ 2,141.80
Revised Contract Amount $33,286.80
Costs have been reviewed by the Consulting Architect (Clough,
Harbour Associates) and the Department of Public Works, Parks &
Streets and were found to be fair and equitable. Funds for this work
are available in CPF 36321406 445100 - Division of Buildings.
I request that Your Honorable Body authorize the Commissioner of
Public Works, Parks & Streets to issue a change order to the
contractor as set forth above.
Mrs. LoTempio moved:
That the above communication from the Commissioner of Public
Works, Parks and Streets dated December 4, 200 1, be received and
filed; and
That the Commissioner of Public Works, Parks and Streets be, and he
hereby is authorized to issue change order No. 1, to Raymond E.
Page 9
01-1211.txt
Kelley, Inc., an increase in the amount of $2,141.80, as more fully
described in the above communication, for work relating to Marcy
Casino, Delaware Park, Repair/Sealing of Concrete Patio, C
#92010439. Funds for this project are available in CPF 36321406 445
100 - Division of Buildings.
PASSED
AYES -12 NOES - 0
NO. 17
CHANGE IN CONTRACT
SHEA'S PERFORMING ARTS CENTER
RESTORATION OF HOUSE EXTERIOR
I hereby submit to Your Honorable Body the following changes for
Shea's Performing Arts Center, Restoration of House Exterior, Summit
Construction, C #92010217.
1. Replacement of door closers on entrance doors. Add $ 5,088.00
The foregoing change results in a net increase in the contract of Five
Thousand Eighty Eight and 00/100 Dollars ($5,088.00).
Summary:Current Contract Amount
Amount of This Change Order (#5) $1,295,932.00
Revised Contract Amount Add $ 5,088.00
$1,301,020.00
Costs have been reviewed by the Consulting Architect (Kideney
Architects), Construction Manager (Ciminelli-Cowper Co., Inc.) and the
Department of Public Works, Parks & Streets and were found to be
fair and equitable. Funds for this work are available in CPF 35321306
445100 - Division of Buildings.
I request that Your Honorable Body authorize the Commissioner of
Public Works, Parks & Streets to issue a change order to the
contractor as set forth above.
Mrs. LoTempio moved:
That the above communication from the Commissioner of Public
Works, Parks and Streets dated December 3, 2001, be received and
filed; and
That the Commissioner of Public Works, Parks and Streets be, and he
hereby is authorized to issue change order No. 5, to Summit
Construction, an increase in the amount of $5,088.00, as more fully
described in the above communication, for work relating to Shea's
Performing AAs Center, Restoration of House Exterior, C #92010217.
Funds for this project are available in CPF 35321306 445100 - Division
of Buildings.
PASSED
AYES -12 NOES - 0
NO. 18
CHANGE IN CONTRACT
60 HEDLEY PLACE
WEATHERIZATION & MASONRY RESTORATION
I hereby submit to Your Honorable Body the following changes for
60 Hedley Place, Weatherization & Masonry Restoration, Miller
Enterprises, C #92010434.
While starting the debris removal from the building's interior, the
contractor found that the exterior masonry walls were deteriorated to
the point that the collapsed material from the roof, second floor, and
first floor were propping the walls and keeping them from falling down.
Taking out the material would lead to the total collapse of the structure
and endanger the workers.
The project architect, E I Team, verified the building's condition and
concurred with the contractor's statement. They have proposed
installing temporary external wall bracing and replacing the entire first
floor framing. It is important to note that even if these steps are taken,
the building's advanced deterioration makes it impossible for the
architectural consultant to guarantee that the building will not still
Page 10
01-1211.txt
collapse.
To protect the public in the interim, we have directed the contractor to
enclose the site within a locked fence.
The additional cost for this work is:
1. Revise Fencing$ 2,108.00
2. Temporary Bracing$66,781.00
3. First Floor Framing$18,551.00
$87,440.00
The foregoing change would result in a net increase in the contract of
Eighty Seven Thousand Four Hundred Forty and 00/100 Dollars
($87,440.00).
Summary:Current Contract Amount
Amount of This Change Order (#1) $ 170,700.00
Revised Contract Amount Add$ 87,440.00
$ 258,140.00
Mrs. LoTempio moved:
That the above communication from the Commissioner of Public
Works, Parks and Streets dated December 4, 2001, be received and
filed; and
That the Commissioner of Public Works, Parks and Streets be, and he
hereby is authorized to issue change order No. 1, to Miller Enterprises,
an increase in the amount of $87,440.00, as more fully described in
the above communication, for work relating to 60 Hedley Place,
Weatherization & Masonry Restoration, C #92010434.
PASSED
AYES -12 NOES - 0
NO. 19
INCREASE IN CONTRACT
TOWER DEMOLITION AND
THEATER DROP OFF MAIN AT TUPPER
CONTRACT # 92010432
ITEM NO. 40, C.C.P. 07/24/01
I hereby submit to your Honorable Body the following change in
contract for the Tower Demolition and Theater Drop-off at Main an
Tupper Streets.
A change in the style of the benches and planters has increased the
contract amount by $1,978.46. The change was completed in order
property match existing facilities.
The Buffalo Arts Commission has requested the assistance of our
department to incorporate an art sculpture into the final arrangement
of the benches and planters. The cost for the relocation and anchoring
of the art sculpture is $1,771.00.
The total increase in contract is $3,749.46. 1 hereby certify that the
amounts of the aforementioned change orders are fair and equitable
for the work involved, and I respectfully request that your Honorable
Body authorize the Commissioner of Public Works, Parks and Streets
to issue these chances to Cleveland Wrecking Company's contract as
follows:
Original Contract Amount: $63,311.00
Amount of this Change: +$ 3,749.46
New Contract Amount: $67,060.46
Fund for the additional work are available in Engineering Bond Fund
34310506-445100.
Mrs. LoTempio moved:
That the above communication from the Commissioner of Public
Works, Parks and Streets dated December 6, 2001, be received and
filed; and
That the Commissioner of Public Works, Parks and Streets be, and he
hereby is authorized to issue a change order, to Cleveland Wrecking
Company, an increase in the amount of $3,749.46, as more fully
described in the above communication, for work relating to Tower
Demolition and Theater Drop-Off at Main and Tupper Streets, Contract
Page 11
01-1211.txt
#92010432. Funds for this project are available in Engineering Bond
Fund 34310506-445100.
PASSED
AYES -12 NOES - 0
NO. 20
PETITION REQUESTING NEW CURBS ON
AMHERST STREET - COMSTOCK TO BAILEY
ITEM #87, C.C.P. 11/13/01
In response to the above item please be advised that our
Construction Section submits the following cost estimate for the
installation of granite curb, drainage, pavement restoration,
miscellaneous concrete sidewalk replacement and landscaping:
1,000 I.f. x 2 sides = 2,000 l.f @ $65/11. = $130,000.00 Total Cost
Estimate
At the present time there are no funds identified for this work. If you
have any further questions regarding the above, please contact
Michael Zera of our Construction Section at 851-5864.
RECEIVED AND FILED
NO. 21
281 EAST DELAVAN
SIGN WITHIN RIGHT OF WAY
Mr. Haila G. Rajeh, owner of the Holly Farms Grocery Store, located
at 281 East Delavan has requested permission to install a sign which
would encroach City right of way at said address. The sign would
measure 6 feet in width, 6 feet in height, and be attached
perpendicular to the building face.
The Department of Public Works, Parks and Streets has reviewed this
request pursuant to Chapter 413-67 (Encroachment regulations) and
has no objection to Your Honorable Body authorizing the
Commissioner of this department to issue a "Mere License" to the
applicant, Mr. Rajeh, provided the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo permits
necessary for said installation.
2.That the sign be installed exactly as shown on plans submitted to
and approved by the Department of Permit and Inspection Services.
3.That the applicant supply the Department of Public Works, Parks &
Streets with a five thousand dollar ($5,000.00) construction in street
bond, or certificate of insurance, which will indemnify and save
harmless the City of Buffalo against any and A loss or damage arising
out of the installation, use, or removal of said sign.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE
CITY PLANNING BOARD
NO. 22
TEMPORARY CLOSING
MAIN STREET
ITEM NO. 137, C.C.P. 10/30/01
As per the above referenced Council Communication the
Department of Public Works, Parks and Streets has met with Marine
Buffalo Associates to discuss the temporary restriction of vehicular
traffic beneath HSBC Center on Main Street, Marine Buffalo
Associates has requested that bollards be installed within the
pavement and sidewalk areas at both Main and Seneca Streets and
Main and Exchange Streets. The bollards would measure 3 feet in
height with a 15" base diameter. All bollards, approximately 30 in
number, would be installed within City right of way.
The Department of Public Works, Parks & Streets has reviewed this
request and has no objection to Your Honorable Body authorizing said
installation.
RECEIVED AND FILED
Page 12
01-1211.txt
NO. 23
CERTIFICATE OF APPOINTMENT
Appointment Effective November 30,2001 in the Department of
Public Works, Parks and Streets, Division of Streets to the Position Of
Dispatcher, Permanent Promotion at the Intermediate Starting Salary
of: $30,923
John E. Ort, 23 Hansen Avenue, Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF POLICE
NO. 24
Req. Assistance-Deli
Weston/Easton
[ITEM #70 CCP November 13,2001]
The complainant, Mona Lisa Edwards, President of the Weston
Avenue Block Club reports that the deli at the corner of Easton and
Weston Streets is the site of various violations of the law. These
include loud and vulgar conversations, urinating, loitering, open
garbage cans, overflowing dumpsters, improper storing of plastic
containers and fire hazards.
I will have Inspector Andrews of E-District investigate the complaint
regarding the vulgar language, urinating, and loitering. I am certain
that he will resolve these problems for Mona Lisa Edwards.
The Streets and Inspections Departments should address the other
infractions.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF FIRE
NO. 25
Fire Company Rotation - 11/16 - 11/22/2001
Per your request, attached are the response times survey's which
show the effects of the temporary closings, manpower reports for
November 16 - 22, 2001 and a revised schedule for rotation of fire
company closings.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 26
Fire Company Rotation - 11/23 - 11/29/2001
Per your request, attached are the response times survey's which
show the effects of the temporary closings and manpower reports for
November 23 - 29, 2001.
REFERRED TO THE COMMITTEE ON BUDGET
FROM THE CORPORATION COUNSEL
No. 27
Buffalo Place Operation and
Maintenance Agreement
Attached for your approval, please find a copy of the agreement to
allow Buffalo Place, Inc. to manage, maintain and promote downtown
Buffalo from July 1, 2001 through June 30, 2005.
Copy in City Clerks Office
REFERRED TO THE COMMITTEE ON FINANCE
NO. 28
Feasibility of Property Bond for Out-of-State
Buyers of City-Owned Property
Item No. 15 1, C.C.P., 7/10/0 1
You requested a legal opinion as to the feasibility of requiring
individuals or entities operating outside of New York State who
purchase City-owned properties to secure a bond to protect the City of
Page 13
01-1211.txt
Buffalo. The Council's resolution proposes that the bond be used to
reimburse the City for financial losses related to uncollected taxes,
user fee bills, costs of repairs to the property, and other general losses
sustained by the City of Buffalo because of the City's inability to locate
or collect from these owners.
First, there should be some discussion on the fundamental purposes
of a bond. A bond provides a financial guarantee for a particular thing
or action. A performance bond guarantees that in the event a
particular action is not undertaken or undertaken improperly, funds will
be available to make sure the action can be successfully completed.
The property bond as contemplated by the resolution seems to be too
open-ended. What exactly is the bond guaranteeing? Bonds can relate
to the actions of a person or company, and whether or not they
perform as expected. It is unclear how property deterioration qualifies
as a bondable action. Notwithstanding that question, there is the
problem of determining the value of the bond.
Further, upon information and belief, this policy was proposed to
address sales at the City's foreclosure auction. The process governing
the sales is stipulated in the Real Property Tax Law ("RPTL"). The
RPTL must be applied equally to all purchasers, thus a separate
standard for out-of-state buyers is problematic. More importantly,
properties sold at the In Rem sale are not "City-owned" properties. The
City administers the sale to satisfy outstanding obligations owed to the
City.
There is also a question whether the City could treat someone
differently based on their out-of state status. Typically, municipalities
have been required to treat all bidders for contracts in the same
manner. It could be discriminatory to treat purchasers from New York
state one way, and those who are not another way without significant
reason.
In all likelihood, such a bond would not be available. Upon conferring
with CNA Surety Corporation, one of the largest national surety
companies, it was indicated that they would not be willing to underwrite
such a bond.
REFERRED TO THE COMMITTEE ON FINANCE
FROM THE COMMISSIONER OF PERMIT & INSPECTION
SERVICES
NO. 29
Used Car Dealer
12 Knox
Pursuant to Chapter 254 of the City of Buffalo Ordinances, please be
advised that I have examined the attached application for a Used Car
Dealer License located 12 Knox and find that as to form it is correct. I
have caused a investigation into the premises for which said
application for a used car dealer license is being sought an according
to the attached reports from the Zoning Office, Fire Department and
Building Inspections, I find complies with all regulations and other
applicable laws. I have caused and investigation by the Police
Department into the moral character of Joseph Chimento. The
attached thereto for Joseph Chimento d/b/a Pro Collision. Th request
is submitted for your approval or whatever action you deem
appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE BOARD OF EDUCATION
No. 30
"Cuts to Olmsted Schools"
Item no. #147, C.C.P. November 27,2001
Donald Van Every, Board Member and James Kane, Executive
Assistant to the Superintendent attended the December 5, 2001
Page 14
01-1211.txt
meeting to discuss the budget cuts.
REFERRED TO THE COMMITTEE ON EDUCATION
FROM THE BUFFALO ECONOMIC RENAISSANCE CORPORATION
No. 31
E. Hartman-Bflo. Sabres-Info.-
Payments/Condemnation Reserve
(Item No. #35 C.C.P. 11/13/01)
I have notified Michael Risman and Eva Hassett regarding this
correspondence. The signed copy of the MOU will be provided to the
City for future billing purposes. Please find enclosed a letter I recently
sent to Ed Hartman regarding this matter and his response with
previous letters.
REFERRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS
FROM THE CITY CLERK
No. 32
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:
Mayor/Mayor Executive Strategic Planning
Christine Kasianowicz
Police
Leonard Valvo, Thomas Whelan, Brian Winnie , Dana Gorden
Permit and Inspection Services
Patrick Sullivan
RECEIVED AND FILED.
No. 33
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:
City Planning Board
RECEIVED AND FILED
No. 34
Appointments - Temporary, Provisional or Permanent
I transmit herewith Appointments in the various departments made at
the Minimum (Temporary, Provisional or Permanent) and for
Appointments at the Maximum (as per contract requirements) .
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
Appointment Effective ~ November 26, 2001 in the Department of:
Police to the Position of: Crossing Guard Temporary Non-Competitive
at the: minimum Starting Salary of-. $ 7.09
Vendyau A. Neville 136 Lemon St. Buffalo, NY 14204
Louise Alessandra 845 Richmond Ave. Buffalo, NY 14222
Appointment Effective: November 30, 2001 in the Department of
Public Works, Parks & Streets Division of Buildings to the Position of
Senior First Class Stationary Engineer Temporary 6 months
Appointment at the: Flat Starting Salary of: $ 10.25
Peter J. Tabone 32 Tacoma Avenue Buffalo 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
NO. 35
Page 15
01-1211.txt
Appeal Plan Bd. Decision
3165 Main St
This is an appeal to the Planning Boards decision on 11/20/01
turning down our request for permit A/P #2305. Buffalo code 511.79
states that the new building must meet minimum height requirement of
24 feet as well as meeting floor to parking lot ratios.
Please consider our request to overturn the decision of the Planning
Board on this matter.
Mrs. LoTempio Moved: That the above communication from S.
Tucker Curtin dated November 20, 2001, be received and filed; and
That the decision of the City Planning Board relating to the design and
site plat at 3165 Main Street is hereby overturned and the appeal by S.
Tucker Curtin to use 3165 Main Street for a restaurant be and hereby
is approved.
Passed.
AYES - 12 - NOES - 0
No. 36
M. Alston Concerns LaSalle Ave.
I hereby submit for filing copies of a letter from Mel L. Auston, Al A,
the Associate Superintendent for Plant Services. Mr. Auston believes
that the location of a trucking company in the midst of a residential
area and a school zone is unsafe due to an incident involving his
granddaughter.
On Tuesday, November 27, 2001, at approximately 2:50 p.m. my
granddaughter, Jada, who is a first grade student at Olmsted 64, was
exiting her school bus at her bus stop (which is located at LaSalle
Avenue and William Price Parkway). The school bus was in a stopped
position and the bus aide escorted Jada around the bus to take her to
a safe zone across the street. A truck from the Buffalo Transport
Company, located on LaSalle Avenue, almost hit Jada and, from
reports that I received, appeared to have moved from the zone where
the school bus was stopped.
I consider the location of the trucking company, in the vicinity of the
residential area and school bus stop, to be an unsafe area.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 37
B. Coleman - Bflo. Env. Mgmt. Comm
Concerns Union Ship Canal Project Env. Review Proces
I hereby submit for filing copies of a letter from Bruce Coleman,
AIA, AICP, Chair of the Buffalo Environmental Management
Commission. Mr. Coleman would like to express the concerns of the
group in regards to the environmental review process for the Union
Ship Canal Project.
Copy of letter in City Clerk for review
REFERRED TO THE SPECIAL COMMITTEE ON UNION SHIP
CANAL AND CORPORATION COUNSEL
NO. 38
R. Cole Req. Support Min Bus Ent. Plan School Const. Plan
I hereby submit for filing copies of a letter from Robert T. Coles,
President of the FAIA. Mr. Coles is requesting that the Council support
his Minority Business Enterprise Plan for the upcoming School
Construction Plan.
I am writing to you as President of one of the oldest minority business
or professional firms in western New York, and the oldest African
American architectural firm between Cleveland and the Atlantic coast,
including Boston and New York City. I urge you to support the most
inclusive minority business enterprise plan that is possible for the
upcoming School Construction Program so that all fledgling minority
businesses can have an opportunity to participate.
Page 16
01-1211.txt
As you know, it is expected that $1 billion will be spent on
construction. Fees for the services of architects and engineers will
range from five percent (5%) to ten percent (10%) of that amount or
from $50 million to $100 million dollars. If twenty five percent of this is
allocated to minority firms, this amounts to $12.5 million to $25
million--enough to start a firm the size of Cannon Design or larger.
There are only three minority architectural or engineering firms in
western New York and they could not possibly absorb fees of that
magnitude without serious problem of performance. I believe Buffalo
should open its doors and assist minority firms in other areas to get a
share of the project. After all, it was because of the Federal
government's enlightened affirmative action programs on the
Northwest Corridor Improvement Project, the Urban Mass Transit
projects, and affirmative action programs in cities like Atlanta, New
York and Washington that have allowed many minority firms to
develop. And these areas have discovered that it is the under
represented minorities that need the most hell).
Our firm is an example of how affirmative action can be used
creatively. By moving from one locale to another, or teaming with other
firms in other areas (a technique that might be used in Buffalo), we
have been able to survive even when such programs were not
available in the City, and especially the suburbs where most minority
firms are unwelcome. And the majority firms that we teamed with also
became stronger. In all of these ventures, we were welcomed in by our
minority brothers and sisters, as well as our majority teammates,
because as we grew stronger, they too, grew stronger.
In 1975, while serving on the staff of the American Institute of
Architects in Washington, I organized a conference co-sponsored with
the National Organization of Minority Architects on Joint Venturing
between minority and majority firms. Over 100 firm principals, half
majority and half minority, attended the meeting. For we who attended,
it provided the roadmap for us to succeed in our profession.
Our firm has been involved in over ten associations and joint ventures
in our almost 40 year career, and most have been successful. Perhaps
such a meeting might be held in Buffalo to bring together local majority
firms, and minority firms, to explain the merits of teaming. The
conference was cosponsored by both the AIA and the National
Organization of Minority Architects. I am enclosing is a copy of the
Conference proceeding for your review. I would be willing to assist you
in this effort. Finally, I urge you not to close the doors on minority firms
from other areas. There aren't that many of them, many are struggling
to survive, and they need all of the assistance that they can get.
REFERRED TO THE SPECIAL COMMITTEE ON EDUCATION AND
THE CHOOL JOINT CONSTRUCTION BOARD
NO. 39
R. COLE FAIA - REQ. WAIVER ARCHITECT
I hereby submit for filing copies of a letter from Robert T. Coles,
President of the FAIA. Mr.Coles is requesting a waiver from paragraph
1.4.2, Special Terms and Conditions, of the owner Architect
Agreement.
We are retaining Watts Engineers to do the Environmental Work and
Civil Engineering and Pamela Lester, Landscape Architect, to do the
Site Work and Landscape Architecture on the above project.
Watts Engineering, a western New York based firm, is a wholly owned
minority business enterprise (MBE) Pamela Lester, Landscape
Architect, a New York State based firm, is a wholly owned women
business enterprise (WBE).
In view of the above assignments, we herein request a waiver from
paragraph 1.4.2, Special Terms and Conditions, of the Owner
Architect Agreement that we executed and forwarded to you under
cover of our letter of October 18 2001. I understand you have
circulated that letter, with enclosures, to members of the Board of the
Page 17
01-1211.txt
Joint Schools Construction Board. It explains my position as President
of the oldest continuously operated minority business enterprise in
western New York, surviving since 1963,--- and it hasn't been easy.
REFERRED TO THE SPECIAL COMMITTEE ON MINORITY
BUSINESS AND THE JOINT SCHOOL CONSTRUCTION BOARD
NO. 40
V. FERRARACCIO-INFO-INSPECTION 313 WESRTON ST
Dear Mr. Michaux:
I hereby submit for filing copies of a letter from Vincent Ferraraccio,
a Buffalo Building Inspector. Mr. Ferraccio is reporting his findings
regarding 313 Weston Street.
I inspected 313 Weston on November 19, 2001 along with Marwan
ayyed, the store owner. I found a large amount of garbage and debris
on the exterior of the store. At that time I requested to the store owner
that the debris be cleaned immediately and the dumpster lid to be kept
shut when not in use. I also inspected the fire damage and only
minimal damage resulted from the fire, permits were investigated at
this time and the owner of the building Ali K. Saleh obtained a permit
on October 30, 2001.
I have enclosed a copy for your information. During this inspection I
encouraged the store owner to install loitering signs to deter future
incidents around the premises. He is now aware of the possible
consequences that could arise from future police- actions due. to his
neglect and the point system (as per the deli ordinance) that will be
enforced. He is also aware that this could result in shutting down his
business. The Buffalo Police Department of Special Services have
been notified to increase patrols at this property when feasible.
My reinspection is scheduled for November 29, 2001, If property is not
kept incompliance; the necessary summons will be issued. If you
should have any questions please feel free to contact me at 851-4820.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 41
A. OSUORAH-CONCERNS TREATMENT AS EMPLOYEE
Dear Mr. Michaux:
I hereby submit for filing copies of a letter from A-rthur C. 0suorah, a
Senior Structural Engineer with the City of Buffalo, Department of
Works. Mr. Osuorah is making known to the council, the unfair
treatment and racial comments that he is being tortured with on a daily
basis since the City of Buffalo has employed him.
GRIEVANCE LETTER
To whom it may concern:
I am writing this grievance letter to express my abysmal feelings as to
the types of treatment that have been. meted to me since my
employment as a Senior Structural Engineer with the City of Buffalo,
Department of Public works. I do understand that my wright as a
provisional employee is limited, but that doesn't mean that I sould be
subjected to an act of discrimination. I was hired in May 26" of 1998
along with the other provisional Engineer who started a month later,
but I was laid off during this crises with the reason that am a
provisional employee. It has been very discriminating to me and also
to my entire fam1y. However, it has also been very hostile for me
since 1 started working here, to the extent that I have been struggling
mentally to hang on to this job for the past three and half years, But I
decided to hang on, because I love my job and is in my profession as
a Civil Engineer out of University of Buffalo New York with the degree
in B.Sc. M.E. in 1991 and 1994 respectively.
But ever since I started working with this department of D.P.W, from
May of 1998 till November 2 nd of 2001, 1 have received so many
unwarranted letters from our commissioner. I also have been
subjected to so many discriminative act including some abusive wards
of (N) wards by some of my co-workers. I have witnesses, but
Page 18
01-1211.txt
understand that the people will not come forward to testify due to there
job security, I even have two of my superior officers in the department
(The Commissioner and the City Engineer) saying to me after I came!
back from my first layoff; Quote, "that all eyes are on you now and
that you will be watched like a dog". This was happening after it was
resolved by the Common council to reinstate me back to my job
following the unjustifiable dismissal by this department and the human
resources department. The Council also approved for a back pay in
the amount of $3766.00 by a vote of 9 - 4, but till this day, I have not
received the pay due to an act of sabotage between my department,
the controllers office and Law department. However, after coming back
from the first lay-off, about a month and half later, I was constantly
harassed racially in my office. One incident was on January 15t' 2001,
two senior official in the department walked into my office and started
telling me how I should arrange my office and was accusing me of
sleeping in the office, which has never happen since I have been
working in this office. One of them , even made a racial remark on me
by saying Quote, " That you are a black and that you are noting
period". He went on to say that he will make sure that I am out of this
office. Now when I reported this incidents to our commissioner, he
replied by saying that the officers were doing what they were asked to
do. Also, since I came back to my job and remain in my title as a
Senior Structural Engineer, I have been discriminated against by not
allowing me to carry out my duties as a Senior Engineer.
The duties I was performing before I was laid off, was stripped off of
me the first time after reinstating me back to work. Duties like contract
negotiations with the consultants and contractors on high-ways and
bridge projects and others, including responsibilities of consultants
selection committee, were all shifted to my other colleague in the
office. All these were the conspired hand work of the old senior officers
in the department with the Commissioner of Public Works to make me
look less important for my title so as to pave way for a possible
retaliation in relation to the past attempt of trying to remove me, In an
effort to comprehend my removal, they went further in delaying for my
civil service exam, I was hired a month before the other Engineer as
provisional and I took my first civil service exam three months before
the other Engineer had his first exam, but unfortunately we both
weren't successful, However, the other Engineer had his own second
chance of exam taken on November 1 01h of 2001, while I wasn't
given the second chance for my exam. Now that I am laid-off from my
Job, while the other Engineer is still working,
The effective date of my lay-off was November 2 nd 2001 with reasons
that has noting to do with my level and the importance of my office
position They gave me and excuses like the attack on World Trade
Center on September 11 ". Secondly, that the City is in a financial
crises and that City hall of Buffalo will be closing down by November
15", that there is no money, and many people will be laid off from
work,(See the attached copy of my lay off letter).Also that State
Government hasn't sent the money that were suppose to send to the
City, therefore the City is about to go Bankruptcy and that there is no
money.
Today, with all the above reasons, the City Hall is still open and
functioning and that all the claimed 75 working personal that were
suppose to be laid off, 45% are still working. In my department of
Public Works, I am the only person that was laid off out of over 80
employee of the department. I understand that because I am the only
black person in the entire department, therefore I should suffer along
with my family of six the consequences of September 11th attack and
the City of Buffalo financial crises. This is the reason why my name
atop the list of the 75 people that were suppose to be laid off.
Finally to let me alone go from the entire department of public works
and make me the escape goat is very humiliating, embarrassing,
insulting and discriminating. Therefor, I strongly believe that this act of
Page 19
01-1211.txt
discrimination should be putting aside by the department in concern
and give me back my job and my exam to prove my self.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE AND THE
COMMISSION ON CITIZENS RIGHTS AND COMM. RELATIONS
NO. 42
Z. JACKSON -REQ PAVE PKG LOT 342 E. DELAVAN
November 5, 2001
To Whom It May Concern,
I am the no. 42 want me to create a parking area there because they
did Dot want Canisius College to have an onsite parking lot, and if they
agreed to my lot, they would also have to agree to Canisius having a
lot as well. Since that time, Canisius College has paved a lot similar to
the one that we wanted to pave. Their lot is at Humboldt Parkway near
Main Street. Due to these circumstances, I feel that I have been
treated unfairly and I am again seeking the right to pave my property
so that some of the stress of parking can be alleviated for my
customers when they are patronizing my business.
I would appreciate any assistance you can give me in this matter.
REFERRED TO THE COMMITTEE ON LEGISLATION,
COMMISSIONER OF PUBLIC WORKS AND THE ZONING BOARD
NO. 43
INFO. SELECTION PROCESS MBE LEGAL FIRM JOINT SCHOOL
CONST BOARD
ITEM #72, C.C.P. NOVEMBER 13, 2001, "T. MCKELVEY-REQ.
PART.-DEV./RENOVATION-BFLO. PUBLIC SCHOOLS"
In response to your request of November 14, 2001.
The JSCB's General Counsel, Magavern, Magavern and Grimm, is
currently conducting a selection process to secure IVIBE legal firm to
participate in the Capital Program.
REFERRED TO THE COMMITTEE ON EDUCATION
NO. 44
T. HAYWOOD-DRAFT CASH MNGT APPROACH TO ENSURE FIN
INTEGRITY
Attached is a response as requested for comments and
recommendations on "Draft-Cash Management Approach to Ensure
Financial Integnity." If you have any questions about this response
please contact me at 851-3553.
SUBJECT: Analysis of Draft - Cash Management Approach to Ensure
Fiscal Integrity.
The following items highlight some pertinent comments and additional
recommendations to
the Comptroller's draft as it pertains to the Buffalo City School
District's operations.
1 .All of the recommendations made in the draft are prudent steps
that can improve the cash management and liquidity position of
the City.
2.The recommendation for a budget stabilization fund is recognized
as a desirable goal. It must, however, be balanced against the
often-conflicting pressures of limited resources to fund
educational programs and operations. With the reduction in state
aid combined with escalating costs the reality of having limited
resources available makes it difficult to budget an appropriation
for rainy day funds.
Since the Board of Education does recognize the desirability of
setting aside rainy day funds it would be more realistic for them to
decide after the close of the fiscal year to set aside a portion of
any unappropriated fund balance available. This would allow the
Board to place any savings from efficiencies realized during the
year plus any unexpected one shot revenues received to be
directed towards building a desirable level of rainy day funds.
Page 20
01-1211.txt
3.In connection with item 42 above we also recommend that any
appropriated fund balances for the BOE and the City be
continuously monitored and analyzed to insure that these fund
balances are eventually realized as cash and then maintained as
cash or liquid investments. This recognizes that a fund balance
on the books of an entity at June 3 oth may not actually be cash
at the time. Excess receivables over payables, inventories, etc.
may support a fund balance, which has been reserved for future
uses, that may not be cash at that point in time. These fund
balances and reserves, however, should become cash over a
period time as receivables are collected and payables paid off,
etc. When this happens the cash must be set aside in a
reasonable and prudent manner so that it is properly accounted
for and maintained for future reserve needs. These reserves
should also be invested and earnings credited to their accounts.
Monthly reports should detail the amount of reserves on hand so
that they can be reconciled back to our records.
4.The proposal to get the State to adjust their timing on the receipt
of aid from year-end to the beginning part of the year should go
one-step further. The State should also be approached about
cleaning up the financial gimmicks that take the form of "spin-up"
aid once the State returns to fiscal stability. The lottery spin-up aid
for the BOE and the yearend spin-up aid given to City create
timing issues that distorts the revenue to cash relationship.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 45
Enclosed please find fully executed copies of the 14 individual
Architects' Contracts with respect to the above matter for your files.
If you have any questions with respect to the above matter, please do
not hesitate to contact the undersigned.
REFERRED TO THE COMMITTEE ON EDUCATION
NO. 46
A. THOMPSON-B. PERRONE-REVITALIZATION IDEAS CITY OF
BUFFALO
Recent coverage of Buffalo by Liane Hansen of NPR certainly wasn't
flattering and shows us a city that is struggling with the past. One can't
help but think about the missed opportunities that could have changed
Buffalo. What would the city look like had SUNY been built downtown
or on the waterfront? While we can't change the past there is still the
possibility of changing the future. The state of the East Side, with
many of its homes and buildings torn down can be viewed as an
opportunity instead of a problem. The greater question is: can the city
planners and decision-makers rise to the occasion and exhibit the
necessary creativity to transform these skeletal remains into a modern
attractive format that will bring people and business back to the center
of town? It doesn't look like that going to happen. In an effort to
rebuild, the city has accepted any building offer, without a creative plan
and regardless of its future impact or its esthetic value. More building
continues on the East Side with new houses replacing those torn down
without any thought as to how the city could be redesigned. The city
has plans but apparently has no vision. We have an opportunity on the
East Side with its close proximity to downtown to rebuild a community
that will attract people and revitalize the downtown. In order to
accomplish this we have to adopt and improve on some of the values
that have attracted people to the suburbs, rethink the horse and buggy
city layout, use old ideas that have worked and have the courage to be
creative.
For example we could create a design where housing is developed
around small parks, (much like Arlington Park or Johnson Park), with a
mix of traditional, town and multi-unit housing. The idea here is to
create mini-communities instead of drive through neighborhoods, each
Page 21
01-1211.txt
community built around a park. There would be many parks, which
would vary in size and use, some containing play and recreation
areas. Access to housing and parking areas (parking areas would get
the cars off the street for plowing) would be from perimeter streets so
that the parks became the extended front yards of the houses. The
streets involved could be redesigned to discourage through traffic,
(including bike paths and access drives) while other desigr1ated
streets around these complexes would be for service, parking access
and crosstown" traffic, with timed signals to encourage traffic flow.
(Redesigning all city streets to both facilitate and in some cases inhibit
traffic would be an achievement that would make driving safer and
less frustrating.) Existing houses could be moved when feasible, (it
was done when the Kensington Expressway was built) to facilitate the
design. As these small communities grew the commerce on the
radiating large avenues would probably improve to meet community
needs. One can imagine what an improvement to living and to the
quality of life this would make. A project like this would take time and
be expensive, but it beats trying to revive a design that no longer
works.
Perhaps the most important part of the revitalization would be
access to good schools. Giving teachers incentives to live and work
near their schools is a good first step but they certainly deserve at
least as good pay as the suburbs pay their teachers. Instead of the
trend to larger schools we should consider small units within easy
access of these park communities. Small schools could be special
grant schools but if they are small city schools they can be
administrated electronically and with visitations from administrators.
Buildings for grades K through 8 could dot the area according to
density needs, eliminating the need and cost for so much busing.
Buffalo is a city rich in usable space that now lies dormant. Many
vacant buildings could be converted to inexpensive lofts for artists and
others creative people. We could bring artist to Buffalo from New York
City with a little advertising. There are great advantages to living and
working here, (ask Anni Di Franco or David Anderson) with New York
being just a forty-nine dollar trip away. Bringing artist to Buffalo would
mean more galleries, studios and other support businesses. Getting a
few big names to start could begin a trend that would attract others.
Another idea is to bring an improved golf course to the East Side
adjacent to downtown. It would solve the Delaware Park meadow
problem and would Join the stadium and arena as attractions
accessible to city workers, visitors and community.
I'm sure there are many other innovative ideas, but I have my
doubts that city officials can or will act creatively and boldly. Perhaps
we need a group of interested, creative, and influential persons to get
something done. Is anybody out there?
RECEIVED AND FILED
NO. 47
INVITATION FOR BIDS M/WBE GUIDELINES
Please file the enclosed newspaper articles from the Tuesday
December 4 & 5 2001 editions of the Buffalo News. Both articles are
invitations for bids. One for a County project and the other a City
project. Both agencies have adopted M/VV-BE guidelines. The only
agency to include the M/WBE guidelines in the invitation is the County.
The City does not include M/WBE guidelines in their advertisement.
Please have this correspondence filed and referred to the Minority
Business Enterprise Committee.
Thank you for your attention to this matter.
REFERRED TO THE MINORITY BUSINESS ENTERPRISE
COMMITTEE
NO. 48
D. WATTS, REQUEST FOR ILLUMINATED GROUND SIGN-2730
Page 22
01-1211.txt
DELAWARE
The attached represents an non-paid request for an illuminated
ground sign at 2730 Delaware avenue. It merely needs council
approval and does not call for a public hearing nor advertisement in a
local paper per the authorization of d. Krug, Permits & Inspections
Department.
REFERRED TO THE COMMITTEE ON LEGISLATION,
CORPORATION COUNSEL, DIRECTOR OF STRATEGIC
PLANNING AND THE CITY PLANNING BOARD
NO. 49
D. WATTS, REQUEST FOR ILLUMINATED GROUND SIGN-3470
MAIN ST.
The attached represents an non-paid request for an illuminated ground
sign at 3470 Main street. It merely needs council approval and does
not call for a public hearing nor advertisement in a local paper per the
authorization of d. Krug, Permits & Inspections Department.
REFERRED TO THE COMMITTEE ON LEGISLATION,
CORPORATION COUNSEL, THE DIRECTOR OF STRATEGIC
PLANNING AND THE CITY PLANNING BOARD
NO. 50
GAR ASSOCIATED RE-ASSESSMENT
Attached please find a Communication from Richard Kern re Gar
Associates Re Assessments
RECEIVED AND FILED
PETITIONS
NO. 51
D. MORGANTE JR., OWNER, USE 1116 HERTEL FOR
BUILDING ADDITION.
(HRG. 12/18)
REFERRED TO THE COMMITTEE ON LEGISLATION,
DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING
BOARD AND CORPORATION COUNSEL.
NO. 52
B. BAUMKER, AGENT9 USE 39 E. PARADE CIRCLE FOR AN
ILLUMINATED POLE SIGN.
(HRG. 12/18)
REFERRED TO THE COMMITTEE ON LEGISLATION,
DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING
BOARD AND CORPORATION COUNSEL.
NO. 53
A. THOMPSON B. BENSON & OTHERS CONCERNS ADA PLACE
Dear Mr. Michaux:
Enclosed please find a letter that I would like you to file for next
Tuesday, December 11, 2001 Council meeting.
Thank you for your time and consideration.
If you have any questions, feel free to contact my office at (716)
851-5145.
REFERRED TO THE SPECIAL COMMITTEE ON POLICE
REORGANIZATION AND THE COMMISSIONER OF POLICE
REGULAR COMMITTEES
CIVIL SERVICE
BARBARA A MILLER-WILLIAMS, CHAIRPERSON
NO. 54
MEMORANDUM OF AGREEMENT - BMHA AND LOCAL 264,
AFL-CIO
(ITEM NO. 114, C.C.P., SEPT. 4, 2001)
(ITEM NO. 87, C. C.P., OCT. 16, 200 1)
Page 23
01-1211.txt
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
Mrs. Miller-Williams moved that the above item be recommitted to the
Committee on Civil Service.
ADOPTED
NO. 55
MEMORANDUM OF AGREEMENT - BMHA AND LOCAL 264,
AFL-CIO BLUE COLLAR UNIT
(ITEM NO. 6 1, C.C.P., NOV. 13, 200 1)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
Mrs. Miller-Williams moved that the above item be recommitted to the
Committee on Civil Service.
ADOPTED
NO. 56
LOWER ESTIMATE OF BMHA DEFICIT (BMHA)
(CCP#71-OCT. 30, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 57
SUBSTANCE ABUSE SERVICES-PROGRAM REPORT (COMM.
SVS.)
(CCP#44-NOV. 27, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 58
B. WILLIAMS-D. TETI, ENG. VACANCIES-B.M.H.A. (HR)
(CCP#45-NOV. 27, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 59
RESIDENCY OFFICER-STATUS UPDATE (HR)
(CCP#46-NOV. 27, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 60
RESPONSE-FILLING JOBS DURING HIRING FREEZE (HR)
(CCP#47-NOV. 27, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 61
NOTICES OF APPTS --TEMP. /PROV. /PERM. (C. CLK.)
(CCP#53-NOV. 27, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
FINANCE
(BETTY JEAN GRANT, CHAIRPERSON)
NO. 62
REAL ESTATE-CONDEM NATION
EXPANSION/AUGSPURGER RAMP - 4' ) W. HURON (STRAT.
PLAN.) (HRG. 12/11)
(ITEM NO. 22-C.C.P., NOVEMBER 13, 200 1)
That the above item be and the same is returned to the Common
Council without recommendation.
RECOMMENDED BY THE COMMITTEE ON FINANCE.
Page 24
01-1211.txt
A public hearing has been set, before the Common Council, at this
regularly scheduled meeting, on the above item, and a Notice of same
has been published in the Buffalo News, a copy of which is attached
hereto.
On a motion by Mrs. LoTempio, seconded by Mr. Thompson the
item is properly before the Common Council, and the hearing is
opened.
CARRIED.
Appearances - T. Gallagher, Bd. Of Parking, John Hannon, Real
Estate, Against Jim Rosanski, Matt Lincoln, William Crowne, Scott
Fisher, Chuck Banas
Mrs. LoTempio now moved that the hearing be closed. Seconded by
Mr. Thompson
Mrs. Grant moved that the above item be recommitted to the
Committee on Finance.
ADOPTED
NO. 63
REAL ESTATE-CONDEMNATION EXPANSION/AUGSPURGER
RAMP - 352 PEARL (STRAT. PLAN.) (HRG. +1~N
(ITEM NO. 23-C.C.P., NOVEMBER 13, 2001)
That the above item be and the same is returned to the Common
Council without recommendation.
RECOMMENDED BY THE COMMITTEE ON FINANCE.
A public hearing has been set, before the Common Council, at this
regularly scheduled meeting, on the above item, and a Notice of same
has been published in the Buffalo News, a copy of which is attached
hereto.
On a motion by Mrs. LoTempio, seconded by Mrs. Grant the item is
properly before the Common
Council, and the hearing is opened.
CARRIED.
Appearances - T. Gallagher, Bd. Of Parking, John Hannon, Real
Estate
Mrs. LoTempio now moved that the hearing be closed. Seconded by
Mrs. Grant
CARRIED.
Mrs. Grant moved that the above item be recommitted to the
Committee on Finance.
ADOPTED
NO. 64
E. HARTMAN-BFLO. SABRES-INFO.-PAYMENTS/CONDEMNATION
RESERVE (CP)
(CCP#35-NOV. 13, 01)
That the above item be and the same hereby is referred to the
Special Committee on Telecommunications.
ADOPTED
NO. 65
PARKING LOT BIDS - BURA PARCEL NO. 29 AND THRUWAY NO.
5
(ITEM NO. 1, C.C.P., NOV. 27, 200 1)
That the Chairman of the Board of Parking, be, and he hereby is
authorized to award a three (3) year lease for the BURA Parcel No. 29
and Thruway Lot No. 5, to Pro Park LLC, the highest responsible
bidder, in the amount of $102,300.
PASSED
AYES -12 NOES - 0
NO. 66
R. LOTEMPIO-A. NANULA-POOLED INVESTMENT
PROGRAM-ERIE CO.
Page 25
01-1211.txt
(CCP#98-MAY 1, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 67
N. NAPLES-CO. OF ERIE-POOLING OF CASH BALANCES FOR
INV. PURPOSES
(CCP#82-NOV. 13, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 68
RENEW LEASE AGREEMENT - 95 FRANKLIN STREET - CENTRAL
POLICE SERVICES FORENSIC
(ITEM NO. 14, C.C.P., NOV. 13, 2001)
(ITEM NO. 81, C.C.P., NOV. 27, 2001)
That the Executive Director of Strategic Planning be, and he hereby
is authorized to renew the lease between the City and the County of
Erie for the Central Police Services Forensic Laboratory utilizing 4,000
square feet of space on the 4" floor of Police Headquarters, 95
Franklin Street for a five (5) year term commencing on September 20,
2001 and expiring September 19, 2006. That the Corporation Counsel
be authorized to prepare the necessary lease and that the Mayor be
authorized to execute the same.
PASSED
AYES -12 NOES - 0
NO. 69
RESULTS OF NEGOTIATIONS - 180 KOSCIUSZKO
(ITEM NO. 16, C.C.P., MAY 15, 2001)
That the offer from Lawrence E. Leman of the Polish Community
Center of Buffalo, Inc., 1081 Broadway Street, in the sum of Eight
Hundred Dollars ($900.00) for the purchase of 180 Kosciuszko Street,
be and hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall
be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the necessary
documents for the transfer of title and that the Mayor be authorized to
execute the same, in accordance with the terms of sale upon which
the offer was submitted.
PASSED
AYES -12 NOES - 0
NO. 70
RESULTS OF NEGOTIATIONS - 88 AND 90 MOSELLE STREET
(ITEM NO. 2 1, C. C.P., OCT. 3 0, 200 1)
That the offer from Jimmie R. Exum and Betty L. Exum, residing at
94 Moselle Street, in the sum of One Thousand and Five Hundred
Dollars ($1,500.00) for the purchase of 88 and 90 Moselle Street, be
and hereby is accepted, and
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall
be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the necessary
documents for the transfer of title and that the Mayor be authorized to
execute the same, in accordance with the terms of sale upon which
the offer was submitted.
PASSED
AYES -12 NOES - 0
Page 26
01-1211.txt
NO. 71
RESULTS OF NEGOTIATIONS - 45 PROVIDENCE STREET
(ITEM NO. 10, C.C.P., SEP. 4, 200 1)
(ITEM NO. 74, C. C.P., NOV. 27, 200 1)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
Mrs. Grant moved:
That the offer from Mr. George Pierakos and Mrs. Margaret Pierakos,
residing at 55 Garvey Avenue, in the sum of Eight Hundred Dollars
($900.00) for the sale of 45 Providence Street and a portion of
Providence Street, be and hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall
be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the necessary
documents for the transfer of title and that the Mayor be authorized to
execute the same, in accordance with the terms of sale upon which
the offer was submitted.
PASSED
AYES -12 NOES - 0
NO. 72
RESULTS OF NEGOTIATIONS - 305, 309 AND 317 SWEET
AVENUE
(ITEM NO. 18, C.C.P., NOV. 13, 2001)
That the offer from Mohammed Ibrahim Memon on behalf of Darul
Uloom AlMadania, Inc. of 182 Sobieski Street, in the sum of Two
Thousand Dollars ($2,000.00) for the purchase of 305, 309 and 317
Sweet Avenue, be and hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall
be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the necessary
documents for the transfer of title and that the Mayor be authorized to
execute the same, in accordance with the terms of sale upon which
the offer was submitted.
PASSED
AYES -12 NOES - 0
NO. 73
B. WILLIAMS-E. VASQUEZ-PROP. ACQ.-LOWER W. SIDE
(CCP#82-JULY 10, 0 1)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 74
EDWARD SAUNDERS UNITY BUILDING EXPANSION - REVISED
PLAN
(ITEM NO. 39, C.C.P., NOV. 13, 2001)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
Mrs. Grant moved:
That the above mentioned item be and the same is hereby approved
PASSED
AYES -12 NOES - 0
NO. 75
EDWARD SAUNDERS UNITY BUILDING EXPANSION - REVISED
PLAN
(ITEM NO. 56, C.C.P., OCT. 30, 2001)
Page 27
01-1211.txt
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
Mrs. Grant moved:
That the above mentioned item be and the same is hereby approved.
PASSED
AYES -12 NOES - 0
NO. 76
LEASE AGREEMENT - PRATT WILLERT COMM. CENTER - 406
PRATT
(ITEM NO. 13, C.C.P., NOV. 13, 200 1)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
Mrs. Grant moved that the above item be recommitted to the
Committee on Finance.
ADOPTED
NO. 77
D. DALE-BROADWAY MKT. OF DIRECTORS (CP)
(CCP#34-NOV. 13, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 78
EXPLORE TRANSFER OF VAR. REG. CULTURAL INSTITUTIONS
TO ERIE CO. GOV. (EX. FIN. RES.)
(CCP# I 59-NOV. 27, 0 1)
That the above item be and the same hereby is referred to the
Special Committee on Regional Governance.
ADOPTED
NO.79
EIE BASIN MARINA CREDIT FOR ANSUL SYSTEM
(ITEM NO. 19, C. C.P., NOV. 27, 200 1)
That the Department of Public Works, Parks and Streets be, and he
hereby is authorized to grant a rental credit to Brand-On Services in
"change for their installation of a hood and Ansul System at the Hatch,
in the amount of $35,000.00.
PASSED
AYES -BONAFACIO, COPPOLA, ELLINGTON, FISHER,
GOLOMBEK, GRANT, LOTEMPIO, MARTINO, PITTS, THOMPSON,
WILLIAMS -11 NOES - FONTANA -1
NO. 80
PERMISSION TO HIRE A CONSTRUCTION MANAGER - NORTH
JEFFERSON LIBRARY
(ITEM NO. 22, C.C.P., NOV. 27, 200 1)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
Mrs. Grant moved that the above item be recommitted to the
Committee on Finance.
ADOPTED
LEGISLATION
(RICHARD A. FONTANA, CHAIRMAN)
NO. 81
D. MIKA, AGENT, USE 24 S. ELMWOOD-ILLUMINATED GROUND
SIGN (HRG. 12/11)
(CCP#63-11/27/01)
That the above item be and the same is returned to the Common
Council without recommendation.
A public hearing has been set, before the Common Council, at
this regularly scheduled meeting, on the above item, and a Notice of
Page 28
01-1211.txt
same has been published in the Buffalo News, a copy of which is
attached hereto.
On a motion by Mrs. LoTempio, seconded by Mr. Fontana
the item is properly before the Common Council, and the hearing is
opened.
CARRIED.
Appearances - none
Mrs. LoTempio now moved that the hearing be closed. Seconded by
Mr. Thompson
CARRIED.
Mr. Fontana moved:
That after the public hearing before the Committee on Legislation on
December 4, 2001, the petition of Walter D. Mika, agent, for
permission to use 24 Elmwood Avenue for an illuminated sign be, and
hereby is approved.
PASSED
AYES -12 NOES - 0
NO. 82
R. FONTANA-BFLO. PLACE-DOWNTOWN PARKING ISSUES
(CCP#91 -MAY 1, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 83
M. MARTIN-H. TRIZANY & O-REQ. REDUCTION-WEIGHT LIMIT
MESMERE (# 106, 6/12)
(CCP#169-JUNE 26, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 84
A. THOMPSON-CONC.-TRAF LIGHT-FILLMORE/E. UTICA/PUB.
PHONE-E. FERRY/WOHLERS
(CCP#103-MAY 1, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 85
CONCERN S-TRAFFIC SIG. OPERATION-FI 11 MORE AVE. AT E,
UTICA/FRENCH STS. (PW)
(CCP#45-OCT. 30, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 86
K. TYLER - REQUEST NO PARKING SIGNS - OAKGROVE AVENUE
(ITEM NO. 75, C.C.P., NOV. 13, 2001)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
Mr. Fontana moved
That the above item be and same is hereby received and filed
ADOPT
No. 87
Conduit - 77 West Eagle Street
(Item No. 18, C. C.P., Nov. 27, 200 1)
That the Commissioner of Public Works, Parks and Streets be, and
he hereby is authorized to issue a "mere license" to Jeffrey Zack, P.E.,
Senior Construction Project Manager for the County of Erie, to install
conduit at 77 West Eagle Street, which would encroach city
right-of-way at said address, subject to the following conditions:
I .That the applicant obtains any and all other City of Buffalo pen-nits
Page 29
01-1211.txt
necessary for said installation including a Construction in Street permit
from Room 512 City Hall.
2.That all City of Buffalo right-of-way affected by installation is restored
to its original or better condition in accordance with Division of
Engineering Standard Specifications.
3. That the applicant, as a facility owner, is an active member in Dig
Safely New York (formerly U.F.P.O.) as required by New York State
Law, Code 753.
4. That the applicant provide this department with a certificate of
insurance, deemed sufficient by the Corporation Counsel, which will
indemnify and save harmless the City of Buffalo against any and all
loss or damage caused by the installation, use and removal of said
encroachment.
PASSED.
AYES - 12 - NOES - 0
No. 88
Used Car Dealer - 1712 Main Street
(Item No. 38, C.C.P., Nov. 27, 200 1)
That pursuant to Chapter 254 of the City Code, the Commissioner of
Permit & Inspection Services be, and he hereby is authorized to grant
a Used Car Dealer- License to Ivory Bouyer d/b/a Main Auto Sales,
located at 1712 Main Street.
PASSED.
AYES - 12 - NOES - 0
No. 89
Used Car Dealer - 1325 Main Street
(Item No. 40, C. C.P., Nov. 27, 200 1)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
Mr. Fontana Moved: That pursuant to Chapter 254 of the City Code,
the Commissioner of Permit & Inspection Services be, and he hereby
is authorized to grant a Used Car Dealer License to Cash Cunningam
d/b/a Cash Realty of NY Inc., located at 1325 Main Street.
PASSED.
AYES - 12 - NOES - 0
No. 90
Used Car Dealer - 609 Walden Avenue
(Item No. 41, C.C.P., Nov. 27, 200 1)
That pursuant to Chapter 254 of the City Code, the Commissioner
of Permit & Inspection Services be, and he hereby is authorized to
grant a Used Car Dealer License to Peter Rybinski d/b/a A & L Motors,
located at 609 Walden Avenue, on the condition that it be limited to
five (5) automobiles.
PASSED.
AYES - 12 - NOES - 0
No. 91
J. Feggans & O-Opp. Re-establishing Deli-278 E. Delevan
(Permits)
(CCP#35-Nov. 27, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
No. 92
Canopies - 655 Main Street
(Item No. 4 1, C. C.P., Oct. 3 0, 200 1)
(Item No. 96, C.C.P., Nov. 27, 2001)
Mr. Fontana moved that the above item be recommitted to the
Committee on Legislation.
ADOPTED.
Page 30
01-1211.txt
No. 93
Response to Req. to Occupy Cary St. (#17, 10/30) (Strat PI.)
(CCP#97-Nov. 27, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
No. 94
I Carson-Req. Opport. -Comm. -Benderson's Plan-Utl. Port. of
Cary St.-Pkg. (#82, 10/30)
(CCP#98-Nov. 27, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
No. 95
L. Robertson, Req. Benderson Submit Site Plan Appr. Cond. -
Cary St. (#89, 10/30) (CCP#99-Nov. 27, 2001)
That the above item be and the same hereby is received and filed.
ADOPTED
No. 96
Benderson Dev.-Cary St. betw, Delaware/Elmwood-Use of Street
ROW 09, 11/31)
(Plan Bd.)
(CCP#100-Nov. 27, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
No. 97
R. Franco-Benderson-Req. Occupy Port. of Cary St. (#52,
11/3)(Permit&/tnsp.)
(CCP#102-Nov. 27, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
No. 98
L. Robinson-Cary St. Photos (Hampton Inn) (#53,
11/3)(Permits/Insp)
(CCP#103-Nov. 27, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
Community Development
(Beverly A. Gray, Chairperson)
NO. 99
Indemnification of the Board of Education - Lighted Schoolhouse
Programs
(Item No. 155, C.C.P., Nov. 27, 2001)
That the Common Council authorized the Department of Community
Services, various community corporations, civic organizations and
other persons, firms, corporations and agencies to conduct Lighted
Schoolhouse Programs, provided that each program and its sponsor
be first approved and authorized by this Common Council, and that
such authorization and approval be communicated to the Buffalo
Board of Education; and
That the City of Buffalo, hereby agrees to indemnify and hold
harmless; the Board of Education of the City of Buffalo School Districts
of the City of Buffalo, for claims arising from the conduct of such
Lighted Schoolhouse Programs undertaken with prior approval and
authorization of the Common Council; and
That the Common Council accepts funds allocated by the Buffalo
Urban Renewal Agency as follows: $295,000 for programmatic costs.
Page 31
01-1211.txt
PASSED
AYES - 12 - NOES - 0
NO. 100
Review of BURA, Federal Programs, and CBDG Funding and
Procedures
(Item No. 160, C. C.P., Nov. 27, 200 1)
That the Committee on Community Development enhance its efforts
to review the Community Development Block Grant Program
C'CDBG") with Housing Urban Development ("HUD") and other federal
and state programs with and federal and state elected officials, and
that a series of public hearing be held in City Hall and the community
to examine the impact of these programs; and
That the Buffalo Urban Renewal Agency ('BURN') and the Office of
Strategic Planning forward a copy of BURA's governing and operating
procedures and its last four annual audits and reports to this Common
Council as soon as possible; and
That the BURA and the Financial Control of Agencies forward to this
Common Council its process for dispersing CDBG and BNRC funds
for organizations. That the BURA and the Office of Strategic Planning
work with the Community Development Committee to accelerate the
process to release CDBG funds to organizations, and improve the
monitoring systems for funded programs.
ADOPTED.
NO. 101
Jasper Parrish Proposal
(Item No. 148, C.C.P., Nov. 13, 200 1)
That the Common Council offers the changes as listed in the above,
communication to the Buffalo Municipal Housing Authority ("BMHN').
This Honorable Body requests the BMHA file a response. The
response is to include a legal opinion as to how this resolution relates
to or is affected by the Comer decision.
ADOPTED.
NO. 102
Jasper Parrish Proposal (BMHA)
(CCP#49-Nov. 27, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 103
Transfer of Title, Urban Homestead - 142 Townsend Street
(Item No. 8, C. C.P., Nov. 27, 200 1)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
Mrs. LoTempio Moved That the city-owned property commonly known
as 142 Townsend Street, is hereby designated as Homestead
Property, and that the Mayor be, and he hereby is authorized to
execute a deed transferring said property to Ms. Dixie Brooks, residing
at 144 Townsend Street, in the amount of $ 1. 00 (One Dollar), and all
costs of transfer, on the condition the property is cleared and improved
within six (6) months and maintained in a sanitary manner.
PASSED.
AYES - 12 - NOES - 0
No. 104
Transfer of Title, Urban Homestead - 159 Bissell and 45
Kosciuzko
(Item No. 9, C.C.P., Nov. 27, 200 1)
That the above item be, and the same hereby is returned to the
Common Council without recommendation. Mrs. LoTempio Moved:
That the city-owned property commonly known as 159 Bissell Avenue,
Page 32
01-1211.txt
is hereby designated as Homestead Property, and that the Mayor be,
and he hereby is authorized to execute a deed transferring said
property to Lilla M. Gonzalez, residing at 161 Bissell Avenue, in the
amount of $1.00 (One Dollar), and all costs of transfer, on the
condition the property is cleared and improved within six (6) months
and maintained in a. sanitary manner; and
That the city-owned property commonly known as 45 Kosciuszko
Street, is hereby designated as Homestead Property, and that the
Mayor be, and he hereby is authorized to execute a deed transferring
said property to Paul S. Piasecki, residing at 43 Kosciuszko Street, in
the amount of $ 1.00 (One Dollar), and all costs of transfer, on the
condition the property is cleared and improved within six (6) months
and maintained in a sanitary manner.
PASSED.
AYES - 12 - NOES - 0
Education
(Charley H. Fisher, 111, Chairman)
No. 105
Section Six Football
(Item No. 163, C.C.P., Apr. 3, 200 1)
That the Common Council sub-committee on Recreation and Sports
be requested to begin formal discussions with the Buffalo Board of
Education to explore the feasibility of the Buffalo Board of Education
supporting and participating in the development and maintenance of a
football complex that includes a high school playoff football field in
Emerson Park, behind Emerson High School; and
That the Board of Education be requested to enter into discussions
with the City of Buffalo Common Council on augmenting the Emerson
Football project to include a high school playoff level football field; and
That the City Clerk be direct to forward a certified copy of this
resolution to the Board of Education.
ADOPTED.
No. 106
C. Fisher-RIT-Req, Supp.-Ext. Nine Period Per Dav Care
(CCP#84-Apr. 3, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
No. 107
C. Fisher-M. Rice-Concerns-Denial & of Public Transportation
-Charter Sch. Students
(CCP#83-Apr. 3, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
No. 108
C. Fisher-Proposal-Bflo. Voc. Tech. Ctr,
(CCP#86-June 12, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
No. 109
C. Fisher-Ed. Fund for Greater Buffalo
(CCP#83-June 12, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
Special Committees
BUDGET COMMITTEE
Page 33
01-1211.txt
(Rosemarie LoTempio, Chairperson)
No. 110
Info. -Refunding Bond Resolutions (Compt.)
(CCP#24-Feb. 20, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
No. 111
Ext.-Military Leave Time/Benefits-COB Empl. Act. To Duty
(CCP#164-Oct. 2, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
No. 112
Leaves of Absences (C. Clk)
(CCP#77-Oct. 30, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
MINORITY BUSINESS ENTERPRISE COMMITTEE
(Charley H. Fisher, III, Chairman)
No. 113
C. Fisher-NIBE/WBE Contracts Awarded by Public Works
(CCP#95-Mar. 20, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
RESOLUTIONS
By: Mr. Bonifacio
No. 114
Discharge From the Special Committee on
Police Reorganization/Oversight - No. 127,
CCP Nov 13, 2001 - "C. Fisher-D. Hill
Wakefield Ave. Blk. Club-Req. Signs (#68, 10/16)"
Whereas: No 127, CCP Nov 13, 2001 "C. Fisher-D. Hill-Wakefield Ave. Blk.
Club-Req. Signs (#68, 10/16)" is presently before the Special
Committee on Police Reorganization/Oversight; and
Whereas: It is no longer necessary for this item to be considered by that
committee, and should be referred to the Committee on Legislation for their
consideration;
Now, Therefore, Be It Resolved That:
This Common Council does hereby discharge the Special Committee on
Police Reorganization/Oversight from further consideration of No 127, CCP
Nov 13, 2001 "C. Fisher-D. Hill-Wakefield Ave. Blk. Club-Req. Signs (#68,
10/16)", and said item is now before the Council.
ADOPT DISCHARGE, REFERRED TO THE COMMITTEE ON
LEGISLATION
By: Mr. Coppola, Mr. Thompson
No. 115
SUBJECT: Establishing "Speed Zone" around schools located in the
City of Buffalo
Whereas: There are many schools, both public and private, located in the City
of Buffalo-, and
Whereas: The safety of children, as well as parents and school staff, arriving
to and departing from school is of the utmost importance; and
Whereas: The amount of traffic at these times is increased due to morning
rush hour, school buses, and parents and staff-, and
Whereas Slowing traffic below the city speed limit of 30mph to 15mph by
creating "Speed Zones" in the area of our schools, during arrival and
departure times, would decrease the chances of children getting injured by a
Page 34
01-1211.txt
passing motorist, as well as, decrease the chances of a sever accident
involving a school bus or another vehicle; and
Whereas: The City of Buffalo has the ability to lower the speed limit within
school zones and post appropriate signage to alert motorists.
Now, Therefore, Be It Resolved:
That the Commissioner of Public Works, Parks, and Streets file a report with
the full Common Council at its next meeting on December 26, 2001, as to the
appropriate signage, cost, and time for citywide implementation.
Be it further resolved:
That a copy of this resolution be sent to the Board of Education and all
non-Board of Education schools located in the City of Buffalo.
REFERRED TO THE COMMITTEE ON LEGISALTION, THE
COMMISSIONER OF PUBLIC WORKS AND CORPORATION COUNSEL
By. Mr. Coppola
No. 116
SUBJECT: Joint City of Buffalo and Erie County operation of City of
Buffalo Senior Citizen Services
Whereas: The City of Buffalo provides services to senior citizens
that includes, but are not limited to, the operation and maintenance of
nine (9) senior citizen centers and transportation services, and
Whereas: With the City's current fiscal situation, the administration has stated
that there is a possibility that the city would have to close its senior citizen
centers and cease the transportation service; and
Whereas: So many senior citizens residing in the City of Buffalo visit the
city's senior centers, participate in the programs and activities provided, and
rely on the transpiration service; and
Whereas For some of those who do use the City's senior services it is more
than just recreation and convenience, it is their only reason for leaving their
home, their only way to visit the doctor, and their only social and physical
exercise; and
Whereas: It is medically proven that such activities contribute to not only the
quality of life of, but the health and welfare of, senior citizens-, and
Whereas: The ceasing of those activities, even for a short time, can have
severe negative effect; and
Whereas: The County of Erie supplies similar services to senior citizens
throughout the county in various ways, one being through contracts with
Towns, Villages, and Human Service Agencies-, and
Whereas: The county currently provides lunches to City of Buffalo Senior
Centers through the County's Nutrition Program; and
Whereas: A joint agreement for the supply of senior services can be similar to
the agreement that currently exists between the county and city as it pertains
to the operation of libraries located in the City of Buffalo; and
Whereas: Discussions between the city and county about the operation of
senior services and senior citizen centers in the city should be pursued for the
benefit of senior citizens.
Now, Therefore, Be It Resolved:
That a special committee be appointed to study the feasibility of a joint
venture.
Be it further resolved:
That the committee consist of one member appointed by each of the Mayor,
Common Council, Eric County Executive, and the Erie County Legislature-,
and one delegate from each of the respective senior centers in the city.
Be it further resolved
That a certified copy of this resolution be sent to the Erie County Executive
and the Erie County Legislature requesting their response.
ADOPT THE FINAL RESOLVE REMAINDER TO REG. GOVEAENT
AND COUNCIL PRESIDENT
By Mr. Coppola
No. 117
SUBJECT: Slip Rental Fees for Marina
Whereas: The City of Buffalo is looking for ways to increase revenue for the
Page 35
01-1211.txt
City; and
Whereas: The City of Buffalo operates a Marina that has the following rental
fee schedule for acquiring boat slips for the 2002 season:
Boat Size Resident
Non-Resident
1. Up to & including 20 ft. $600 $658
2. Over 20 ft. up to and
including 30 ft $859
$946
3. Over 30 ft. up to and
including 38 ft. $1,158
$1,262
Whereas: Other marinas located in the area and surrounding towns charge
significantly more for similar size boat slips; and
Whereas: The Erie Basin Marina is centrally located and is a prime spot to
store a boat, and prices to rent space should reflect that; and
Whereas: Other marinas that were contacted charge anywhere from $675 to
$900 for a 20 foot boat slip as opposed to the $600 the City of Buffalo
charges to residents, and these marinas charge anywhere from $1200 to
$1325 for a 30 foot boat slip as opposed to the $859 the City charges its
residents; and
Whereas: The City of Buffalo currently brings in about $330,000 a year from
current marina slip rentals according to the Department of Public Works, and
this number could be increased si0ficantly if the City of Buffalo increased
rates to the level of other marinas in the area,
Now, Therefore, Be It Resolved:
That the Department of Public Works and the Department of Administration
and Finance report to the Common Council as to the increase in projected
revenues if the City of Buffalo were to increase boat slip rental fees.
REFERRED TO THE COMMITTEE ONERIE BASIN MARINA,
COMMISSIONER OF PUBLIC WORKS, COMMISSIONER OF
ADMINISTRATION AND FINANCE AND THE CORPORATION
COUNSEL
By: Mr. Fisher
NO. 118
Re: Discharge From the Energy Committee- Item No. 147, November 13,
2001 -"The Proposed merger between Niagara Mohawk and National
Grid USA"
Whereas: Item No. 147, November 13, 2001-" The Proposed merger between
Niagara Mohawk and National Grid USA" is presently before the Committee
on Energy; and
Whereas It is no longer necessary for this item to be considered by that
committee;
Now, Therefore, Be It Resolved:
That this Common Council does hereby discharge the Committee on Energy
from further consideration of item No, 147, November 13, 200 1 -"The
Proposed merger between Niagara Mohawk and. National Grid USA", and
said item is now before the Council.
ADOPT DISCHARGE, RECEIVED AND FILED
By: Mr. Golombek
NO. 119
SUBJECT: Increase the Size of the Joint Schools Construction Board
Whereas: Under agreement between the Buffalo Board of Education and the
City of Buffalo, the Joint Schools Construction Board is a cooperative board,
made up of seven members; and
Whereas: Under the City of Buffalo Charter, there are many powers granted
to the Joint School Construction Board, one of which is the right to enter into
contracts on behalf of the Buffalo Public Schools and the City of Buffalo for
the construction of new education facilities in accordance with applicable
state and local laws; and
Whereas: The members of the Joint Schools Construction Board's are
Page 36
01-1211.txt
mandated by the City of Buffalo Charter to be comprised of: two Board
of Education designees; the Superintendent of Schools; the Mayor; a
Common Council designee; the Comptroller; and the NYS Regent for
the Eighth District; and
Whereas: Currently, the position for the NYS Regent for the Eighth District is
vacant, because the New York State Education Department has opined that
there may be a conflict of interest for a Board of Regent Member to be pan of
the Joint Schools Construction Board;. and
Whereas: Due to the important powers and duties granted to the Joint Schools
Construction Board it is vital that the Board be constructed of people with
regional & diverse interests; and
Whereas: It can be argued that the present make up of the Joint Schools
Construction Board
does not allow for this diverse representation; and
Whereas: As the City of Buffalo and Erie County move to "regionalize" their
services where possible, it is essential to have representation from Erie
County on this Board;
Now, Therefore, Be It Resolved:
That the Common Council of the City of Buffalo does hereby request that the
Board of Education support the elimination of the NYS Regent Position on
the Joint Schools Construction Board and substitute that position with a
representative from the Buffalo Teacher's Federation; and
Be It Further Resolved:
That the Common Council of the City of Buffalo does hereby request that the
Board of Education also support increasing the number of Joint Schools
Construction Board Members by two, to total nine members, thus al lowing
for the appointment of the Erie County Executive and a designee from the
Erie County Legisiature;
REFERRED TO THE COMMITTEE ON EDUCATION AND JOINT
CONSTRUCTION SCHOOL BOARD
By: Mr. Golombek
NO. 120
City of Buffalo
Local Law No. _ (2001)
Introductory No. 11 (2001)
A LOCAL LAW amending the Charter of the City of Buffalo in
relation to the sums received by council committee chairmen and the
position of minority leader
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF
BUFFALO AS FOLLOWS:
Section 1. That Article 24 of the Charter of the City of Buffalo, adopted
pursuant to law, is hereby amended as follows:
24-12. Salaries of Elective Officers.
A mayor elected under this act shall receive an annual salary of one hundred
and five thousand dollars. The comptroller shall receive an annual salary of
eighty-eight thousand four hundred twelve dollars, and the president of the
council shall receive an annual salary of eighty thousand dollars. Each council
member shall receive an annual salary of fifty-two thousand dollars. Each of
the aforementioned elective officials may choose to refuse any increase in
annual salary if, in his or her opinion, the fiscal times so warrant. Any such
refusal must be in writing and directed to the comptroller and the
commissioner of administration and finance, and shall not affect the salary of
future office holders or of the same individual if elected to a different office.
The council shall designate a majority leader and, when necessary a minority
leader, each of whom shall serve at the pleasure of the council. Any council
member serving as majority leader shall receive, in addition to the salary
above provided, the annual sum of five thousand dollars, and any council
member serving as minority leader shall receive, in addition to the salary
above provided, the annual sum of twenty-five hundred dollars, said sums to
be paid such majority leader or minority leader, respectively, only while
performing the additional duties. A minority leader shall only b designated
when there are at least two members of the same minority party serving on the
Page 37
01-1211.txt
council at the same time. [Any council member serving as and performing the
additional duties of chairman of the following committees of the common
council shall receive, in addition to the salary above provided, the annual sum
of one thousand dollars: chairman of finance committee; chairman of
legislation committee; chairman of civil service committee, chairman of
community development committee, chairman of education committee and
chairman of claims committee.]
The failure of any council member or of the president of the council to attend
any stated meeting of the council provided in this act or any meeting of the
committee of the whole provided in the rules of the council, unless the
council at such meeting, by a two-thirds vote of all the members elected
thereto, excuse such failure to attend such meeting for reasons to be stated in
the resolution of the council, shall result in a deduction equal to a one-fiftieth
part of the salary of a council member for each such failure, and such
deduction shall be made in certifying the payroll.
Section 2. Insofar as the provisions of this local law are inconsistent with [he
provisions of any other local law or act, the provisions of this local law shall
be controlling.
Section 3. This local law shall not take effect until approved by an affirmative
vote of a majority of the qualified electors of the City of Buffalo voting on a
proposition for its approval in accordance with the requirements of Section 23
(1) of the Municipal Home Rule Law.
APPROVED AS TO FORM
REFERRED TO THE COMMITTEE ON RULES
NOTE: Matter in brackets [ ]to be deleted; matter underlined is new.
By: Mssrs. Golombek, Bonifacio, Coppola and Fontana
No. 121
Subject: Reducing the Size of the Buffalo Common Council
Whereas: In 1927, the City Charter established a Common Council
comprised of 15 members:
five At-Large Members, one Council President, and
nine District Members; and
Whereas: During the 1920's and through the Second World War the
population of the City of Buffalo exceeded 500,000 people; and
Whereas: Unfortunately since the 1950's, Buffalo's population has seen a
constant decline and is now at its lowest point; and
Whereas: In 1982 the size of the Buffalo Common Council was reduced to its
current make-up: 13 Councilmembers; three At-Large Members, one Council
President, and nine District
Members; and
Whereas: The population of the City of Buffalo was approximately 357,000
in 1980 and is currently at its all time lowest; and
Whereas:
There has been discussion of downsizing and future configuration of the
Common Council;
Be It Resolved:
That the Common Council of the City of Buffalo does hereby support the
downsizing o the Common Council; and
Be It Further Resolved:
That the Common Council begin a dialogue about the future size and
configuration of the Common Council: and
Be It Further Resolved:
That the Council President appoints a special Reapportionment Committee to
consider these questions and give technical assistance to the Reapportionment
Commission that will be formed 2002.
REFERRED TO THE COUNCIL PRESIDENT
By: Ms. Grant:
NO. 122
Bond Resolution
$1,500,000 Bonds
Planning Improvements-JSCB
Page 38
01-1211.txt
New School Construction
Account No. 3000-03
Bond Resolution of the City of Buffalo, New York, authorizing the
issuance of $1,500,000 General Improvement Bonds of said City to
finance the cost of planning the construction of new City schools, at
the estimated maximum cost of $1,500,000.
The Common Council of the City of Buffalo, in the County of Erie, New
York, hereby resolves (by the favorable vote of not less than two-thirds of all
the members of said Common Council) as follows:
Section 1. The Comptroller of the City of Buffalo, in the County of Erie, New
York (herein called "City"), is hereby authorized and directed to issue General
Improvement Bonds of said City in the principal amount of One Million Five
Hundred Thousand Dollars ($1,500,000), pursuant to the provisions of the
Charter of said City and the Local Finance Law, constituting Chapter 33-a of
the Consolidated Laws of the State of New York (the "Law"), to finance the
cost of planning the construction of new City schools under the auspices of
the Joint Schools Construction Board. The estimated maximum cost of said
specific object or purpose for which the bonds authorized by this resolution
are to be issued, including preliminary costs and costs incidental thereto and
the financing thereof, is $1,500,000 as set forth in the duly adopted 2001
Capital Improvements Budget of said City, as amended.
Section 2. The proceeds of the sale of the bonds authorized by
this resolution, or any bond anticipation notes issued in
anticipation of the sale of said bonds, shall be deposited in the
Capital Projects Fund to the credit of the Executive Department,
Division of Strategic Planning, "Joint School Construction Board
Management, Planning and Seqr, 2001 ", Account No. 3000-03,
and shall be used for the purpose specified in Section I of this
resolution,
Section 3. The City intends to finance, on an interim basis, the costs or a
portion of the costs of said improvements for which bonds are herein
authorized, which costs are reasonably expected to be incurred by the City,
pursuant to this Bond Resolution, in the maximum amount of $1,500,000.
This resolution is a declaration of Official Intent adopted pursuant to the
requirements of Treasury Regulation Section 1. 150-2.
Section 4. The following additional matters are hereby determined and stated:
(a) The period of probable usefulness for the specific object or purpose for
which the bonds authorized by this resolution are to be issued, within the
limitations of Section 11.00 a. 62(2"") of the Law, is five (5) years.
(b) Current funds are not required by the Law to be provided as a down
payment prior to the issuance of the bonds authorized by this resolution or
any bond anticipation notes issued in anticipation thereof in accordance with
Section 107.00 d. 9. of the Law.
Section 5. Each of the bonds authorized by this resolution and any bond
anticipation notes issued in anticipation of the sale of said bonds and the
renewals of said notes shall contain the recital of validity as prescribed by
Section 52.00 of the Local Finance Law. Said bonds and said notes shall be
general obligations of the City of Buffalo payable as to both principal and
interest by general tax upon all the taxable real property within said City
without limitation as to rate or amount. The faith and credit of said City are
hereby irrevocably pledged to the punctual payment of the principal of and
interest on said bonds and said notes. Provision shall be made annually by
appropriation by said City for the payment of interest on and for the amounts
required for the amortization and redemption of said bonds and said notes.
Section 6. The validity of the bonds authorized by this resolution or any bond
anticipation notes issued in anticipation of the sale of said bonds, may be
contested only if:
(a) such obligations are authorized for an object or purpose for which the City
of Buffalo is not authorized to expend money, or
(b) the provisions of law which should be complied with at the date of the
publication of such resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity, is commenced
within twenty days after the date of such publication, or
Page 39
01-1211.txt
(c) such obligations are authorized in violation of the provisions of the
constitution.
LAID ON THE TABLE
By: Mrs. Grant
No. 123
RE: Salary Pay Cuts for All City of Buffalo Full Time Employees On A
Voluntary Basis
Whereas: The City of Buffalo is in a severe financial crisis with little
opportunity for remedying the remaining $15,000,000.00 shortfall without
potential layoffs of firefighters, police officers and sanitation workers, many
of whom are not residents of the City of Buffalo; and
Whereas: These workers, in addition to workers who are city residents, must
realize that the current budget nor future budgets can be balanced on the back
of city property tax payers whose numbers are becoming smaller and poorer
with each passing year, and who cannot afford nor support the present level of
fire and police protection without cost-savings or revenue generating
initiatives; and
Whereas: Revenue increasing options such as a 20% garbage user fee increase
or an increase in the water rates of metered or flat rate customers will put an
intolerable burden on the city's businesses and residents; and
Whereas: The city's expense for full time employees is around
$139,000,000.00. A voluntary 5% across the board salary cut of all full time
workers will increase the city's revenue around $7,000,000.00 annually and
will eliminate the possibility of having to layoff firefighters and police
officers; and
Now, Therefore Be It Resolved That:
The City of Buffalo Common Council, the Mayor's Administration, the
Comptroller's Office and union officials support those city employees who
choose to volunteer a portion of their salary on a voluntary basis.
Be It Further Resolved, That:
A special account be open so that individual workers and other concerned
citizens or parties can donate a portion of their revenue or resources.
Be It Finally Resolved That:
This resolution be forwarded to all the aforementioned parties fc)r full
consideration and that a written response be filed with this Common Council
no later than Tuesday, January 8, 2002.
REFERRED TO THE COMMITTEE ON BUDGET AND ALL UNIONS.
By: Mrs. Grant
NO. 124
Increased Appropriation
Solid Waste Enterprise Fund
That, Pursuant to 20-11 of the Charter and the Certificate of the
Mayor and the Comptroller submitted to the Common Council, the
appropriation in the budget for the current fiscal year for Appropriation
Allotments - Solid Waste - Leasing of Equipment and Vehicles be and
the same hereby is increased in the sum of $131,481.95
That, the comptroller be and hereby is authorized and directed to increase the
revenue estimate of account:
52510030 - 392101 Solid Waste - Sale of Land, Buildings & Equipment
$131,481.95
To meet the increased appropriation as set forth below:
52002606 - Solid Waste - Refuse & Recycling
444202 - Leasing of Equipment & Vehicles $131,481.95
REFERRED TO THE COMMITTEE ON FINANCE
BY: Mrs. Grant
NO. 125
Transfer of Funds
Planning for Capital Projects
Public Works
That pursuant to 20-12 of the Charter and the Certificate of the
Page 40
01-1211.txt
Mayor and the Comptroller submitted to the Common Council, the
sum of $250,000 be and the same is hereby transferred from Planning
for Capital Projects account and said sum is hereby reappropriated as
set forth below:
From:
30000106 - 445 100 Planning for Capital Projects $250,000
To:
31655806-445100GIS Development $100,000
31300006 -445100 Emerson Playground Football Field $ 25,000
31310006 - 445 100 Delaware Park Lake Pumps $ 25,000
31323706 -445100 Scajaquada Pathway Design -Phase 11 $100,000
Total $250,000
REFERRED TO THE COMMITTEE ON FINANCE
BY: Mrs. Grant
NO. 126
Transfer of Funds
Planning for Capital Projects
Public Works
That pursuant to 20-12 of the Charter and the Certificate of the Mayor
and the Comptroller submitted to the Common Council, the sum of $332,500
be and the same is hereby transferred from Planning for Capital Projects
account and said sum is hereby reappropriated as set forth below:
From:
30000106 - 445100 Planning for Capital Projects$332,500
To:
36310206 - 445100 Jefferson Renovation/Masten District Infrastructure
$ 50.000
36311106 - 445 100 Signal Improvements (CMAQ) $100.000
36320306 - 445 100 Broadway Garage Study $ 7.500
32447006 - 445500 Buffalo Intermodal Transportation Center$175,000
Total $332,500
REFERRED TO THE COMMITTEE ON FINANCE
By: Mrs. LoTempio
No. 127
Re: Excuse Councilmember Gray from Council Meeting.
Whereas: Councilmember Beverly Gray will be unable to attend the
Council meeting on Tuesday, December 11, 2001,
Now, Therefore, Be It Resolved:
That the Common Council excuses Councilmember Beverly Gray from
attending the December 11, 200 1, -Common Council meeting.
ADOPTED
By: Ms. Martino
No. 128
Re: Payment of Certain Small Claims
Whereas, the Common Council, by Item No. 184, C.C.P., June 26,
1979, established a specific procedure for payment of claims of
$100.00 or less and Claims under Section 207 (a) and (c) of the
General Municipal Law, which pertain to medical bills of Policemen
and Firemen in any amount; and
Whereas, the Common Council, by Item No. 104, C.C.P., April 29, 1997,
established that all garbage can claims arising out of the activities of the
Department of Street Sanitation that are related to refuse and recycling be
paid out of the Solid Waste & Recycling Enterprise Fund Budget Account
only if the claims took place after October 1, 1996; and
Whereas, the subject claims are eligible for consideration under the said
procedures; and
Whereas, the Department of Law has verified the validity of the claims and
Page 41
01-1211.txt
recommend payment thereof,
Now Therefore, Be It Resolved:
That the Comptroller be, and hereby is authorized to make payment of the
following claims, and that said payment be charged against the "Judgment
and Claims Account" in the Department of Law or be charged against the
Solid Waste & Recycling Enterprise Fund Budget Account:
I .George Allen, Jr., 410 Beard Avenue, 14214
Claim for loss of garbage can at 4 10 Beard Avenue on 10- 16-0 1.
$ 15.00
2.Glenn Atwell, 29 Woodley Road, 14215
Claim for loss of two garbage cans at 29 Woodley Road on 7-20-01.
$ 23.88
3.Odell & Erika Baldwin, 182 Martha Avenue, 14215
Claim for loss of two garbage cans at 182 Martha Avenue in August
200 1. $
23.82
4.Joseph Chilicki, 98 North Ogden Street, 14206
Claim for loss of garbage can at 98 North Ogden on 9-19-01.
$ 12.00
5.Stanley Day, 292 West Avenue, 14201
Claim for loss of two garbage cans at 292 West Avenue on 9-18-01.
$ 25.98
6.Eulene Douglas, 220 Bissell Avenue, 14211
Claim for loss of two garbage cans at 220 Bissell on 9-5-0 1.
$ 24.09
7. Jeffrey Drago, 365 Mackinaw Street, 142 10
Claim for loss of garbage can at 365 Mackinaw on 9-24-01.
$25.00
8.Janice Emst-Bigelow, 890 West Ferry Street, 14209
Claim for loss of garbage can at 890 West Ferry on 10-3 0-0 1.
$ 12.94
9.Phillip A. Evola, 761 Lafayette Avenue, 14222
Claim for loss of two garbagecans at 761 Lafayette Avenue on
10-8-01.
$ 30.00
10.Chester Grosofsky, 1070 North Forest Road, Amherst New York
14221
Claim for loss of three garbagecans at 63 Hinman Avenue on
10-22-01.$ 38.10
11.Himalayan Institute, 841 Delaware Avenue, 14209
Claim for loss of garbage cans at 841 Delaware Avenue on
10-30-01.$ 20.00
12.James & Charlotte Kregg, 10 1 Chadduck Avenue, 14207
Claim for loss of garbage can at 10 1 Chadduck on 10- 17-0 1.$
16.19
13.John Krytus, 1273 Niagara Street, 14213 Claim for loss of nine
garbage cans at 1273 Niagara Street in 2001. $50.00
14.Tonia M. Lee, 450 Seneca Street, 14204 Claim for loss of garbage
cans at 450 Seneca Street in August 2001. $25.00
15. Betty L. Levin, 234 Wallace Avenue, 14216 Claim for loss of garbage can
at 234 Wallace Avenue on 9-26-01.$15.00
16.William Maevie, 24 Ward Court, 14220
Claim for loss of two garbage cans at 24 Ward Court on 11 -2 1 -0 1.
Page 42
01-1211.txt
$30.00
17.Shirley A. Muhammad, 375 Grider Street, 14215 Claim for loss of
garbage can at 3 7 5 Grider on 10-3 1 -0 1.$18.00 Tracy R. Robinson, 16
Portage Street, 14208 Claim for loss of garbage can at 16 Portage on 9-26-0
1.$7.00 Mrs, Adolf Sabia, 140 Hubbell Avenue, 14220
Claim for loss of garbage can at 140 Hubbell on 10-23-01.5,12.00
20.Gerard H. Sims, 2383 Seneca Street, 142 10
Claim for loss of garbage cans at 2383 Seneca on 9-11 -01 & 10-
17-0 1 $26.00
21,Jeffrey C. Thier, 142 Bryant Street, 14222
Claim for loss of garbage cans at 142 Bryant on 10-15-01$30.00
22.Isabell Travis, 44 Horton Place, 14209
Claim for loss of garbage cans at 44 Horton on 10-8-01.$35.00
23,James Vinson, 835 East Delavan Avenue, 14215
Claim for loss of garbage can at 835 East Delavan on
9-19-01.$10.00
24.Fannie White, 105 Godfrey Street, 14215
Claim for loss of garbage cans at 105 Godfrey on 9-2 1 -0 1.$16.55
25.Donna S. Williamson, 3 74 Millicent Avenue, 14215
Claim for lossof garbage cans at 3 74 Milli-cent on 10- 11 -0 1.$
29.95
26.Veronica Williamson, 315 Millicent Avenue, 14215
Claim for loss of garbage can at 315 Millicent on 10- 11 -0 1.$9.00
27.Sharon Yunker, 375 Crescent Avenue, 14214
Claim for loss of garbage can at 375 Crescent on 9-25-01.$10.00
28.Donald Zimmer, 100 Meriden Street, 14220
Claim for loss of garbage can at 100 Meriden in 2001.$15.00
29.Antonita Graci, 41 South Roxbury Drive, Hamburg New York14075
Claim for front tire and rim damage to vehicle under bridge on William Street
between Fillmore and Bailey on 7-13-01. Claimant hit a previously reported
pothole.$ 52.36
30.Michael Harzynski, 65 MarneRoad, Cheektowaga New York 14215
Claim for loss of money in parking meter #17at 25 Delaware Avenue on
7-31-01,$ 1.00
31,James F. Montgomery, Sr., 222 Shumwav Street, 14212
Claim for damage to fence at 222 Shurnway when City crews were
demolishing
adjacent house on 7-11 -0 1. $22.00
32.Hollis Perry, Jr., 368 Koons Avenue, 14211
Claim for damage to fence at 368 Koons when City crews were demolishing
house at 3 66 Koons on 5 -4-0 1.$ 26.00
Investigation by the Department of Law reveals that the above claims are
valid and payment is hereby recommended.
Passed
AYES - 12 - NOES - 0
By: Mr. Pitts
No. 129
City of Buffalo
Local Law No. _ (2001)
Introductory No. 10 (2001)
A LOCAL LAW amending Article Eighteen of the Charter of the City of
Buffalo in relation to creating a Buffalo Creativity and Civic Solutions
Commission.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF
BUFFALO AS FOLLOWS:
Section 1. That Article Eighteen of the Charter of the City of Buffalo, adopted
pursuant to law, is hereby amended as follows:
Sec. 18-66. Establishment of the Buffalo Creativity and Civic Solutions
Commission.
To honor, promote and take local advantage of the City of Buffalo's World
Leadership in the study and utilization of Creativity, for the common good, a
commission, to be knownas the Buffalo Creativity and Civic Solutions
Page 43
01-1211.txt
Commission, is hereby established.
Sec. 18-67. Membership.
The commission shall consist of, not more than twenty- ne members, each of
whom shall be appointed by the following qppointing authorities: the Mayor,
the Common Council, tie Cit Comptroller, the Board of Education, the Black
Leadership Forum (or successor organization with .similar interest as
determined by the Common Council), Hispanics United (or successor
organization with similar interest as determined by the Common Council),
Good Neighbors Planning Alliance (or successor organization with similar
interest as determined by the Common Council), United Way of Buffalo &
Erie County (or successor organization with similar. interest as determined by
the Common Council), United Neighborhoods (Block Clubs) (or successor
organization with similar interest as determined by the Common Council),
Buffalo-Niagara Partnership, Buffalo State College Small Business
Development Center, The New Millennium Group (or successor organization
with similar interest as determined by the Common Council), the Wellness
Institute, Leadership B affialo (o successor organization with similar interest
as determined by the Common Council), --reative Education Foundation (or
successor organization with similar interest as determined by the Common
Council), Buffalo State College International Center for Creative Studies, the
State University of New York at Buffalo, Wellness Institute and up to four
others, selected by a majority of th - members.
The appointees of the Mayor, the Common Council, the City Comptroller, the
Board of Education, Buffalo State College Small Business Development
Center, Buffalo State College International Center for Creative Studies, the
Creative Education Foundation and the State Universit of New York at
Buffalo, United Way of Buffalo & Erie County and the United
NeighbOThoods (Block Clubs) shall serve three year terins, and the
remaining members shall serve for two year terms.
All active members shall be eligible for reappointment.
Sec. 18-68. Qualifications of Members.
a)Each member shall be a resident of the City of
Buffalo, and
b)Shall have training or experience in creative
problem solving proc,.Isses, or
c)Shall have demonstrated.excellence in some area
of creative endeavor or leadership,
or
d) Shall, upon appointment, attend the Commission's Creative Problem
Solving
Training Program.
Sec. 18-69. Duties and Powers,
a) The commission shall provide the city government and various community
organizations, with assistance, expertise and education, in the facilitation, and
use, o
creative problem techniques. (i.e. the Osborn/Parnes "Creative Problem
Solving Process' and/or Bakos/Jacacci "Solutions Partnering Creativity,
among others);
b) Shall act as a funnel and creative catalyst, to and from citizens groups;
C) Shall be a solutions recommending resource for the City of Buffalo;
d) Shall promote the planning and fulfillment of creative actions for the.
common good;
e) Shall select a Meetings Facilitator from the members of the commission;
and
f) Shall adopt rules and procedures to manage its operations and meetings.
Sec. 18-70. Duties, Powers, Function of Staff.
An Executive Director mM be selected by the commission, and be responsible
to the commission, as chief administrator of the commission, to insure that its
duties and responsibilities are carried out, and shall assist the commission as
necessary.
Sec. 18-71. Qualification of Staff.
a)The Executive Director shall be an experienced administrator, and
b)Shall have knowledge and experience in various creative problem solving
Page 44
01-1211.txt
techniques and public action initiatives.
Sec. 18-72. Meetings.
Meetings of the commission shall be held upon the call of the Executive
Director, or as specified in a written declaration by a majority of the members
of the commission, bu ~ in no event shall fewer than four meetings per year
are held. A quorum shall consist of a majority of the members.
See. 18-73. Committees and Resource Members.
The commission mqy, at its discretion, establish committees to assist it. in its
mission, and may, at its discretion, appoint non-resident, resource members,
thereto.
See. 18-74. Compensation.
The members shall serve without compensation for their services, but mE
receive reimbursement for reasonable and necessM expenses incurred in the
perforinance of their official duties.
Sec. 18-75. Expenditures.
The commission shall, within the amounts appropriated by the Common
Council or otherwise made available by grants, expend, contract for, or direct
the expenditure of such sums, and accordingl provide, as permitted by
ordinance or grant, the necessM facilities and personnel.
Sec. 18-76. Reports.
Each December, the Commission shall prepare an annual written report of its
activities and provide a copy to the Mqyor, the Common Council and the City
Clerk.
Section 2. Insofar as the provisions of this local law are inconsistent with the
provisions of any other local law or act, the provisions of this local law shall
be controlling.
Section 3.This local law shall take effect immediately.
APPROVED AS TO FORM
REFERRED TO THE COMMITTEE ON LEGISLATION
NOTE: Matter underlined is new.
By: Mr. Pitts
NO. 130
City of Buffalo
Local Law No. _ (2001)
Introductory No. 13 (2001)
A LOCAL LAW amending the Charter of the City of Buffalo in relation to
changing the election and terms of office for common council members
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF
BUFFALO AS FOLLOWS:
Section 1. That Article Three of the Charter of the City of Buffalo, adopted
pursuant to law, is hereby amended as follows:
3-5. Election and Terms of Common Council Members.
The terms of office of the council members as of the effective date of this
charter shall continue until the installation of council members chosen in
general elections in accordance with this section,
At the general election in the year 2003 a president of the common council
shall be elected by the electors of the entire city for a term of [two] four
years[. At the general elections in the year 2005] and at the general elections
held every fourth year thereafter [a president of the common council shall be
elected by the electors of the entire city for a term of four years]. At the
general election held in the year 2003, three council members-at-large shall be
elected by the electors of the entire city for a term of [two] four years[. At the
general election held in the year 2005] and every fourth year thereafter[, three
council members-at-large shall be elected by the electors of the city for a term
of four years].
At the general election in the year 2001 one district council member shall be
elected by the electors of each council district for a term of two years. At the
general election held in the year 2003 and every [fourth] second year
thereafter, one district council member shall be elected by the electors of each
council district for a term of [four] two years.
The persons elected to the common council shall take office on the first day of
January following the general elections in which they were elected, and shall
Page 45
01-1211.txt
be eligible for re-election.
Section 2. Insofar as the provisions of this local law are inconsistent with the
provisions of any other local law or act, the provisions of this local law shall
be controlling.
Section 3. This local law shall not take effect until approved by an affirmative
vote of a majority of the qualified electors of the City of Buffalo voting on a
proposition fDr its approval in accordance with the requirements of Section
23 (1) of the Municipal Horne Rul,- Law.
APPROVED AS TO FORM
NOTE: Matter in brackets to be deleted; matter under lined is new.
REFERRED TO THE COUNCIL PRESIDENT
By: Mr. Pitts and Mr. Golombek
No. 131
City of Buffalo
Local Law No. _ (2001)
Introductory No. 14 (2001)
A LOCAL LAW amending the Charter of the City of Buffalo in relation to
residency requirements for the Mayor and the Comptroller.
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF
BUFFALO AS FOLLOWS:
Section 1. That the Charter of the City of Buffalo, adopted pursuant to law, is
hereby amended as follows:
4-6. Election; Term; Residence Requirement.
At the general election in the year 2001 and each fourth year thereafter a
mayor shall be elected by the electors of the city for a term of four years.
No person shall be eligible for election or appointment as successor to the
office of the mayor who has not been a resident as defined in section 24-4 of
this charter of the city for period of at least one year immediately preceding
the date of his or her election or appointment.
7-2. Election; Ten-n-, Residence Requirement.
At the general election held in the year 2003 and every fourth year thereafter a
comptroller shall be elected by the electors of the entire city for a term of four
years.
No person shall be eligible for election or appointment as successor to the
office of the comptroller who has not been a resident as defined in section
24-4 of this charter of the city for a period of at least one year immediately
preceding the date of his or her election or appointment.
Section 2. Insofar as the provisions of this local law are inconsistent with the
provisions of any other local law or act, the provisions of this local law shall
be controlling.
Section 3.This local law shall take effect immediately.
APPROVED AS TO FORM
NOTE: Matter underlined is new.
LAID ON TABLE
By: Mr. Thompson
NO. 132
Subject: Criteria for evaluation and designation of Trailblazing Signs;
Whereas: Trailblazing signs are an exemplary method of paying tribute to
outstanding individuals and organizations who have given much of
themselves to the City of Buffalo and its citizens; and
Whereas: Due to the outstanding number of people who do so much for the
City and its residents, there are not enough streets to designate Routes after
everyone; and
Whereas: Common Council Offices receive numerous requests for
Trailblazing Signs from various members of the Buffalo Community; and
Whereas: There has not been any set criteria for the evaluation and
designation of Trailblazing Signs; and
Now Therefore Be It Resolved: That this Common Council of the City of
Buffalo hereby request the Law Department and the Department of Public
Works, Parks and Streets and the Committee on Legislation to develop a
uniform method for the evaluation and designation of Trailblazing :signs for
Page 46
01-1211.txt
individuals and organizations in the City of Buffalo.
REFERRED TO THE COMMITTEE ON LEGISLATION,
COMMISSIONER OF PUBLIC WORKS AND CORPORATION COUNSEL
BY: MS MILLER-WILLIAMS
No. 133
SALARY ORDINANCE AMENDMENT
VARIOUS DEPARTMENTS
The Common Council of the City Of Buffalo does ordain as follows:
That part of Section I of Chapter 35 of the Code of the City of Buffalo,
relating to Various City Departments, which currently reads:
01-1002
6Legislative Assistant to Common Council $ 32,962
01-1003
ILegislative Assistant to Common Council $32,962
ILegislative Aide to Common Council $28,800
01-1010
ISenior Legislative Assistant to Common Council $37,124
ILegislative Aide to Common Council $28,800
03-1509
1Executive Director OCPl $48,262
03-1513
IReal Estate Specialist $41,617- $48,733
03-1514
IJunior Data Control Clerk $24,440-$27,120
03-1519
ISenior Citizen Aide $23,949-$26,505
06-1047
5 Account Clerk $25,005-$27,859
3Account Clerk Typist $25,005-$27,859
11-1050
IAdministrative Aide $25,005-$27,859
14-1075
IJunior Program Analyst $31,154-$36,433
14-1112
6Laborer 11 $24,336-$ 27,726
2Laborer I $22,298 $ 25,334
14-1113
IStenographer $24,400-$.27,120
14Parking Enforcement Officer $25,793-$ .28,688
I Head Teller $29,313-
$ 33,776
3 Associate Account Clerk $27,773- $ 32,263
6 Teller $26,316-
$29,652
17-1081
1 Deputy Director of Purchase for Inventory & Stores $39,659-$46,437
17-1082
1 Senior Duplicating Machine Operator $29,312- $33,776
20-1100
12 Report Technician $25,903- $
2:8,757
20-1101
1 Chief of Homicide
$ 64,801
20-1103
11 Police Captain
$64,801
48 Report Technician $25,903-$
28,757
20-1121
60 Report Technician $25,903- $
28,757
Page 47
01-1211.txt
21-1139
1 Fire Alarm Dispatcher 207-A $
58,204
25-1054
1 Senior Stenographer$25,567- $ 28,663
1 Assistant to the Administrative Director $119,200
31-1200
1 Stenographer $24,440- $ 27,120
31-1210
ISenior Engineer (Structural) $45,413-
$52,530
31-1211
8Street Repair Worker
$26,458- $29,604
31-1213
1 Equipment Operator $28,179
$31,838
2 Electrician $28,179 $31,838
31-1095
1 Program Specifications & Design Specialist $43,552-$ 51,609
32-1096
3Plumber $28,179-$31,838
3Carpenter $28,179-$ 31,838
2Mason $28,179-$ 31,838
16Laborer 11 $24,336-$27,726
33-1065
ITelecommunications / Cable TV Specialist $32,510-$37,306
40-1450
1Typist
$23,950-$26,506
42-1422
7Community Recreation Aide $27,245-$30,102
50-1220
1Secretary to Commissioner of Streets $ 27,734
52-1303
5Exterminator $26,458-$29,604
7Dog Control Officer $26,458-$29,604
1Assistant Exterminator $24,467-$217,089
1Laborer 1 $22,298-$
25,334
55-1307
1Deputy Director Substance Abuse $43,200-$ 51,774
IAdministrative Assistant $31,929-$36,725
65-1150
1Director of Mayor's Task Force on Housing $40,732
2Account Clerk $25,005- $ 27,859
65-1151
1Senior Typist $25,308- $ 28,243
Is hereby amended to read:
01-1002
1Legislative Assistant to Common Council $32,962
01-1003
2Legislative Assistant to Common Council
$32,962
01-1010
2Legislative Assistant to Common Council $32,962
06-1047
4Account Clerk $25,005- $27,859
2Account Clerk Typist $25,005-$27,859
14-1112
5Laborer 11 $24,336- $2.7,726
1Laborer 1 $22,298-$25,334
Page 48
01-1211.txt
14-1113
13Parking Enforcement Officer $25,793- $ 28,688
1Junior Traffic Clerk $23,950- $ 26,506
15-1056
2 Associate Account Clerk $27,773- $
32,263
4 -Teller $26,316-$
29,652
20-1100
8Report Technician $25,903 $ 28,757
20-1103
10Police Captain
$64,801
46Report Technician $25,903-$ 28,757
20-1121
56Report Technician $25,903-$ 28,757
31-1211
7Street Repair Worker $26,458-$ 29,604
31-1213
IElectrician $28,179-$ 31,838
32-1096
2Plumber $28,179-$ 31,838
2Carpenter $28,179-$ 31,838
1 Mason $28,179-$ 31,838
14Laborer 11 $24,336- $ 27,726
42-1422
6Community Recreation Aide$27,245-$ 30,102
52-1303
4Exterminator $26,458-S
29,604
6Dog Control Officer $26,458-$ 29,604
65-1150
IAccount Clerk $25,005 $
27,859
IT IS HEREBY CERTIFIED, pursuant to Section 3-19 of the Charter, that the
immediate passage of tl~e foregoing ordinance is necessary.
CHARLES L. MICHAUX 111, CITY CLERK, ANTHONY M. MASIELLO,
MAYOR, COMMISSIONER OF ASSESSMENT, EVA M. HASSETT,
COMMISSIONER OF ADMINISTRATION AND FINANCE, ROCCO J.
DIINA, COMMISSIONER OF POLICE, CORNELIUS J. KEANE,
COMMISSIONER OF FIRE, KATHLEEN O'HARA, COMMISSIONER OF
HUMAN RESOURCES, JOSEPH N. GIAMBRA, COMMISSIONER OF
PUBLIC WORKS, PARKS & STREETS, DONALD 0. ALLEN,
COMMISSIONER OF COMMUNITY SERVICES, RAYMOND MCGURN,
COMMISSIOR OF PERMIT & INSPECTIONS, AND JAMES B. MILROY,
DIRECTOR OF BUDGET, we hereby certify that the above change is
necessary for the proper conduct, administration and performance of essential
services of that department. We recommend that the compensation for said
position be fixed at the respective amount set forth in the foregoing
ordinance.
PASSED
AYES - 12 - NOES - 0
No. 134
By Mrs. Williams
Felicitations/In Memoriam
Attached hereto are Felicitation and In Memoriam Resolutions sponsored by
Members of the Common Council as indicated:
Felicitation for Marcus Brown
By Councilmember Thompson, Pitts, Michaux
Felicitation for Joyce Wilson Nixon
By CouncilmemberThompson, Pitts, Michaux
Felicitation for Deborah Willis
Page 49
01-1211.txt
By Councilmember Pitts, Michaux
ADOPTED.
NO. 135
BY: BARBARAWILLIAMS
Appoihtments
Commissioner of Deeds
That the following persons are hereby appointed as Commissioner of Deeds
for the term ending December 31 t 2002 , conditional upon the parson so
appointed certifying under oath to their qualifications and f ilin:4 same With
the City Clerk:
ERMA J. BROWN
M..MELISSA,R'..EOUTE
TINA M. DUGO
ADOPTED.
No. 136
BY: BARBARA A. WILLIAMS
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. Dec.31 2002 conditional, upon the persons
so appointed certify under: oath to their qualifications and filing same
with the City
BRIAN C. DAVIS
ADOPTED
NO. 137
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are held in Room
1417 City Hall, Buffalo, New York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, December 18, 2001 at 9:30
o'clock,.N.M.
Committee on FinanceTuesday, December 18, 2001
following Civil Service
Committee on LegislationTuesday, December 18, 2001 at
2:00 o'clock P.M.
Committee on Comm. Dev. Wednesday, December 19, 2001 at 10:00 o'clock
A.M.
Committee on EducationWednesday, December 19, 2001
at 2:00 o'clock
P.M.
Special Committees
Special MBEC Committee Meeting-Small Business Accelerated Payment
ProgramWednesday, December 12,
2001 at 10:00 o'clock
A.M. in Room 1417 City Hall.
Police Reorganization Committee-Wednesday, December 12, 2001 at 2:00
o'clock P.M. in Room 1417 City Hall.
Budget CommitteeThursday, December 13,
2001 at 10:00 o'clock
A.M. in City Hall.
Bi-National Bridge Committee Thursday, December 13, 2001 at 2:00 o'clock
P.M. in Room 1417 City Hall.
Telecommunications Committee Friday, December 14, 2001 at 10:00 o'clock
A.M. in Room 1417 City Hall
Spec. Leg. Comm. Mtg. Concerning Delicatessens in COB Monday, Dec. 17,
2001 at 10:00 o'clock A.M. in Room 1417 City Hall.
Regional GovernanceMonday, December 17, 2001
at 1:00 o'clock
Page 50
01-1211.txt
P.M. in Room 1417 City Hall.
Committee on EnergyThursday, December 20,
2001 at 2:00 o'clock
P.M. in Room 1417 City Hall.
(Public Disclaimer): All meetings are sub - ject 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-,
thereforc.-,
unless we receive notice from the respective Chairmen, we can only mak
notification of what we are made aware.
No. 138
Adjournment
On a motion by Mrs. LoTempio, Seconded by Mr. Fisher, the Council
adjourned at 4:40 pm
Page 51