HomeMy WebLinkAbout01-1127ss1116
01-1127ss1116.txt
No. 22
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
November 27, 2001
SPECIAL SESSION
November 16,2001
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
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Thompson-Members
FINANCE COMMITTEE: Betty Jean Grant, Chairman,
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, NOVEMBER 27, 2001
AT 2:00 P.M.
PRESENT - James W. Pitts President of the Council, and
Council Members Bonifacio, Brown, Coppola, Fisher, Fontana,
Golombek Grant, LoTempio, Martino, Thompson and Williams -
11.
ABSENT -Ellington, Gray -2
On a motion by Mrs. LoTempio, seconded by Mr.Fontana, the
minutes of the stated meeting held on November 13, 2001 were
approved.
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE BUFFALO BOARD OF PARKING
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NO. 1
Parking Lot Bids
Bura Parcel No. 29 and Thruway
Lot No. 5
The existing five year lease for the below surface lots are about to
expire. The Board of Parking advertised for new three year leases on
October 22,200 1. The public bid opening was held November 14,
2001 in the office of the Board of Parking, 1801 City Hall. The results
are as follows:
Bura Parcel No. 29/Thruway Lot No. 5 (existing annual rental - No. 29.
$5 5,800/Thruway No. 5 $44,000 = $99,800
1. Standard Parking Parcel No. 29 $35,000
125 Carlton Thru. No. 5
21,000
Buffalo, NY 14203
$56,000
2. Allright Parking Bflo, Inc. Parcel No. 29 $40,000
107 Delaware - Suite One Thru. No. 5 44,672
Buffalo, NY 14202
$84,672
3. Pro Park LLC Parcel No. 29 $ 52,000
465 Main St Thru. No. 5 50,300
Buffalo, NY 14203 $102,300
The Parking Board recommends that Pro Park LLC, as the highest
responsible bidder, be awarded a three (3) year lease for Parcel
#29/Thru. #5 in the amount of $102,300.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
CORPORATION COUNSEL
FROM THE CITY PLANNING BOARD
NO. 2
Church of God in Christ
653 Clinton St.
Restricted Parking Lot
Item No. 84, C.C.P. 11/13/2001
The City Planning Board at its regular meeting held Tuesday,
November 20, 2001, considered the matter captioned above pursuant
to Section 511-98 of the Buffalo Code, Restricted parking in a
residential zone.
The applicant seeks to construct an 85 vehicle parking lot, in a "R311
zoning district which adjoins a "CM" zone at 657 Clinton Street. The
applicant will be presenting a design and site plan for the proposed
parking at the Planning Board's next meeting. Under SEQR the
proposed parking lot is considered and unlisted action which may be
studied through uncoordinated review.
The Planning Board voted to approve the use of a parking lot in the
"R" zone conditioned on the presentation and approval of an
acceptable site plan.
RECEIVED AND FILED
NO. 3
655 Main St. Partners
655 Main Street
Canopy Encroachments
Item No. 41, C.C.P. 10/30/2001
The City Planning Board at its regular meeting held Tuesday,
November 20, 2001, considered the matter captioned above pursuant
to Section 413-56 of the Buffalo Code, Awnings, Canopies and
Marquees.
The applicant seeks to erect one 101 canopy that will encroach 41911
into the Main Street right-of-way and one 81 canopy that will encroach
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61 into the Washington Street right-of-way at the building addressed at
655 Main Street. Under SEQR the proposed canopy encroachments
are considered unlisted actions which may be studied through an
uncoordinated review.
The Planning Board voted to approve proposed canopy
encroachments.
RECEIVED AND FILED
NO. 4
DISAPPROVAL DESIGN/SITE PLAN
3165 MAIN ST
Marge's Diner, 3165 Main Street
The City Planning Board at its regular meeting held November 20,
2001 considered the matter captioned above pursuant to Section
511-137 of the Buffalo Code-City Wide Site Plan Review and Section
511-79.7 The City Planning Board voted to disapprove the design and
site plan dated October 10, 2001 for the property located at 3 165
Main Street Buffalo New York. The reasons for this disapproval are
related to the TS (Transit Station) Zoning regulations specifically
requiring the building to be a minimum 24' in height and a floor area
ratio requirement of I sq. ft. of building equal to I sq. ft. of the site. The
City Planning Board is required to disapprove this request, however
the Planning Board voted to approve the restaurant use at their
11/4/01 meeting.
The Planning Board would support the Common Council's override of
today's Planning Board's action. The Planning Board would further
suggest that the Common Council and Planning Board staff
investigate possible amendments to the TS Zonlng to allow more
flexibility in the approval process for appropriate development projects.
If you have any questions regarding the above, please feel free to
contact me anytime at (716) 851-5086.
RECEIVED AND FILED
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 5
BURA/CONSOLIDATED PLAN
PROCESS/APPLICATION
(Item No. 161 , C.C.P. 10/30/01)
As requested, attached please find the following:
1. The CDBG Annual Reports to HUD for the past four (4) years;
2. List of BURA positions and salaries. All positions are filled.
3. Copies of the Year 26 and 27 City of Buffalo CDBG final application
to HUD.
Staff is currently assembling the additional documentation requested
and will be forthcoming.
COPY IN CITY CLERK
REFERRED TO THE COMMITTEE OON COMMUNDITY
DEVELOPMENT
NO. 6
Pfeifer Theatre Analysis
Please be advised that we are in receipt of an analysis of the Pfeifer
Theatre prepared by Foit-Albert. I transmitted a copy of the document
to the Mayor and the Council President o: October 24, 2001. The
report is very detailed. However, I am including the Recommendation,
and the Cost Estimate sections for your information.
If any Coumcilmember would be interested in reviewing the report in
its entirety, please le. me know and I will make a copy available to you.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 7
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Results of Negotiations
71 Cambridge, North Corner
of Scajaquada
Vacant Lot: 01 x 1181 x 361
Rear Line (Triangle)
Assessed Valuation: $5,900
The Office of Strategic Planning, Division of Real Estate, has
received a request to purchase 71 Cambridge Avenue from Rev.
O'Dell Foster, of Pentecostal Deliverance Prayer Center, 167 Clarence
Avenue, Buffalo, New York, 14215. The church is located at 76
Cornwall Avenue. They intend to purchase the vacant lot at 71
Cambridge, which is adjacent to the church property for a youth play
area.
The Office of Strategic Planning and the Division of Collections have
no objections to the sale. There are no outstanding taxes, building
code violations, or other liens owed to the City of Buffalo by the
purchaser.
An independent appraisal of the property was conducted by Mr.
Richard W. Bronstien of R.W. Bronstein Corp., 3666 Main Street,
Buffalo, New York 14226. He has estimated the value of the parcel to
be Three Hundred Fifty Dollars ($350), Sixteen cents (.16) a square
foot. The Division of Real Estate has investigated the sale of similar
properties in the area. Sales range from Forty-five cents (45) to
Sixty-seven cents (67) a square foot.
The results of our negotiations are that the Rev. O'Dell Foster has
agreed and is prepared to pay One Thousand Dollars ($1,000) for the
subject parcel, Forty-five cents (45) a square foot. He has also agreed
to pay for the cost of the appraisal, transfer tax, recording fee's and
cost of the legal description.
I am recommending that Your Honorable Body approve the sale of 71
Cambridge Avenue to Pentecostal Deliverance Prayer Center for One
Thousand Dollars ($1,000). 1 am further recommending that the
Corporation Counsel prepare the necessary documents for the transfer
of title and that the Mayor be authorized to execute the same.
Mrs.LoTempio Moved: That the above communication from the Office
of Strategic Planning, Division of Real Estate, dated November 20,
2001, be received and filed; and
That the offer from Rev. O'Dell Foster, of Pentecostal Deliverance
Prayer Center, 167 Clarence Avenue, in the sum of One Thousand
Dollars ($ 1,000.00) for the sale of 71 Cambridge 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 - 11 - NOES - 0
NO. 8
Transfer of Title, Urban Homestead Program
142 Townsend (City Owned-vacant lot, dimensions 3 0' x 100')
The Office of Strategic Planning, Division of Real Estate has
surveyed the city-owned vacant lot at
142 Townsend Street, Buffalo, New York 14212, parcel is 30' x 100' in
dimension; and it has been determine that this parcel is inappropriate
for either the construction of new housing or needed for public
purposes.
Ms. Dixie Brooks residing at 144 Townsend Street indicated that she
will clean, improve and maintain the lot in the event that she obtain title
to the property under the Urban Homestead Program.
The Division of Inspections and Division of Collections have been
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contacted. There are no property code violations, taxes or other liens
owed to the City of Buffalo by the homesteader.
We, therefore, recommend that the city-owned vacant lot to be
designated as a Homestead Property and be transferred to Ms. Dixie
Brooks on the condition that the property is cleared and improved
within (6 months and maintained in a sanitary manner.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 9
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 lot 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
contacted. There are no property code violations, taxes or other liens
owed to the City of Buffalo by the homesteaders.
Property Address Client Name & Address Purpose
159 Bissell Avenue Lilla M. Gonzalezextra yard space
Lot Size: 30' x I 10' 161 Bissell Avenue 14211
45 Kosciuszko Street Paul S. Piaseckiextra yard space
Lot Size: 30' x 100' 43 Kosciuszko Street 14212
14 East Woodlawn Jerrold Skillonextra yard space
Lot Size: 30' x 117' 12 East Woodlawn 14211
550 Woodlawn John & Bernice Deanextra yard space
Lot Size: 30' x 146' 554 Woodlawn Avenue 14208
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. Client agrees to pay the
transfer tax, recording fee's and cost of the legal description
I further recommend that the Corporation Counsel prepare the
necessary documents for the transfer title and that the Mayor be
authorized to execute the same.
Mrs.LoTempio Moved: That the above communication from the Office
of Strategic Planning, Division of Real Estate, dated November 19,
2001, be received and filed; and
That the city-owned property commonly known as 14 East Woodlawn,
is hereby designated as Homestead Property, and that the Mayor be,
and he hereby is authorized to execute a deed transferring said
property to Jerrold Skillon, 12 East Woodlawn Avenue, 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 550 Woodlawn, is hereby designated as
Homestead Property, and that the Mayor be, and he hereby is
authorized to execute a deed transferring said property to John and
Bernice Dean, 554 Woodlawn Avenue, 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
PASSED
AYES - 11 - NOES - 0
THAT THE PROPERTIES AT 159 BISSELL AND 45 KOSCIUZKO BE
REFERRED TO COMMUNITY DEVELOPMENT
No. 10
Ujima/Asbury Delaware Church
My office has reviewed all of the material regarding the Asbury
Delaware Church and the Ujima Theatre. First, let me applaud Lorna
Hill's vision regarding the Asbury Delaware because without it and her
subsequent intervention into the legal proceedings we might not have
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the opportunity to save this historic landmark. Second, our review of
the records indicates that Ms. Hill and/or Ujima Theatre were always
assuming that they could attract significant public and philanthropic
monies to the restoration of this property and its subsequent operation.
while she discusses various revenue opportunities for the building, it
was difficult for us to determine whether or not these projections could
in fact make timely payments on a mortgage, create an equity fund for
capital renovation and cover general operating expenses. Ms. Hill has
made reference to a number of theaters that have been renovated and
operated with a significant, often ongoing, public subsidy. She is right
that this model could have been used for the Asbury Delaware.
Unfortunately, this model, when used for the Allendale, took almost 20
years to produce a viable theatre and created an unstated public policy
within our office that the City could no longer afford to undertake this
type of financing and underwriting in the future. Further, we have run
into a significant budget crisis in the current fiscal year which we
project will continue to recur during the next several years. This crisis,
in all likelihood, will force us to reconsider the investment we make in
public buildings and to reexamine our policy regarding financing single
purpose public buildings. We are proceeding with providing Ujima a
building owned by the Buffalo Urban Renewal Agency in order that
they may store and construct sets at an off-site location from their
main theatre. At the Mayor's directive we are exploring ways to utilize
our Community Development Block Grant to further assist them
underwrite their acclaimed productions and their teaching efforts. We
are also continuing to explore the possibility of determining whether a
creative public-private partnership can reopen the Pfeiffer Theatre for
a variety of smaller theatre companies.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
FROM THE COMPTROLLER
NO. 11
Board of Education Salary Acct
Reconciliation FY 2000-2001
In the effort to keep this Common Council and the City
Administration aware of the issues affecting the closing of our financial
books for fiscal year ending June 30, 2001, 1 am submitting this letter
which was sent by the City Accountant to the Associate
Superintendent for Finance, Human Resources and Administrative
Services. It is regarding the reconciliation of the Board of Education
Salary Account and its effect in establishing a firm timeline to
complete the annual audit and close the books for the fiscal year
ending June 30, 2001. It should be noted that a further delay or a
failure to provide the materials necessary to complete the
reconciliation of this account will directly impact the ability of this
department and the outside auditors to complete the necessary tasks
to close the fiscal books, to perform the annual audit and to produce
the financial reports for the fiscal year ending June 30, 2001.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 12
Fire Department Risk
Assessment Review and Audit -
Departmental Communication
I am submitting the attached letters to Commissioner Cornelius Keane
of the Buffalo Fire
Department as initial communications between this department and
the Fire Department as to some
initial findings and concerns during an ongoing risk assessment review
and audit of supplemental
payments to retirees. In particular, such initial findings that are noted
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in this correspondence with Commissioner Keane indicate that:
Fire Department overtime figures for dispatchers during fiscal year
2000-01 was $272,051, and that two individuals grossed over
$105,000 during the year as a result of overtime payments that
increased compensation by up to 60 percent;
Payroll transactions show that Fire Department overtime costs for
during the 2000-2001 fiscal year were $3.159,923, and that overtime
figures for the first four months of the current fiscal year show a cost of
$1,810,669;
The audit of supplemental payments to a sampling of nine retired fire
fighters has initially found the individuals were receiving payments to
which they were not entitled, and that as a result, Comptroller Nanula
has stopped making those payments;
The audit of supplemental payments has so far found that the Fire
Department was continuing to make the supplemental payments
resulting in overpayments of $354,411.08 to the seven retirees.
It should be noted that as a result of these initial findings and
concerns:
I have ordered that the payments in error evident through the audit of
the supplemental payments to retirees be stopped, and, in fact, have
been stopped;
I have asked the Fire Department to review the records of all
individuals receiving supplemental payments who are over the age of
62, and determine if they retired under plans with a mandatory
retirement age of 62;
Procedures for qualifying for 207A (Supplemental Payments to
Retirees) are being tightened as a result of working with Human
Resource Commissioner Kathleen O'Hara.
Additionally, the Division of Audit is continuing both the risk
assessment review and the audit of supplemental payments to retirees
in the Fire Department and it is our expectation to issue final
findings in the coming weeks.
REFERRED TO THE SPECIAL COMMITTEE ON BUDGET AND THE
COMMISSIONER OF FIRE
NO. 13
Status of Cash Project
The purpose of this communication is to update your Honorable
Body on the Combined Cash Flow Projection for the City of Buffalo
and the Buffalo Board of Education for the fiscal year ending June 30,
2001.
My staff has been meeting with representatives from the City Budget
Office and the Board Finance Department as well as the bankers. The
working group has been analyzing the original cash flows prepared by
my office with the New York State Comptroller's Report. They are now
working to develop an updated cash flow based on actual receipts and
disbursements to date and the new information we have based on
potential budget cuts.
The next step is to reformat the cash flows to segregate the City and
School components so that each entity can track their own piece. In
addition, we will look at what category breakdowns are needed and
develop a computerized report to consistently report the revenue and
disbursement categories.
At the end of each month, the cash flows will be update to reflect the
actual results and the working group will review any variances to see if
any changes needed to be made to the projections. We will file the
revised cash flow each month with the Common Council. It is
important to keep in mind that the cash flows are projections of our
best estimate at the time we are preparing them based on current
knowledge and historical trends, therefore the ending balance will
fluctuate throughout the year.
It is my opinion that if we end the year with a balanced budget, any
cash flow shortages will be the result of timing issues. Therefore any
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shortages can be covered by short term financing.
REFERRED TO THE COMMITTEE ON BUDGET
FROM THE COMMISSIONER OF ASSESSMENT AND TAXATION
NO. 14
Certiorari Proceedings
143 Mohr Street
This is to advise that the owner, 143 Mohr Trust, has instituted
certiorari proceedings on 143 Mohr Street, Buffalo, New York,
regarding the assessment for the fiscal year 2001-02. This Department
reviewed the assessment and the owner expressed a willingness to
settle the proceeding.
The final assessment for fiscal year 2001-02 was $100,000. The
owner is agreeable to a settlement which would result in a reduction to
$75,000 for 2001-02 on 143 Mohr Street. The 2001-02 taxes are
currently unpaid, so no refund would be necessary. The 2001-02 City
taxes would be reduced from $3,749.52 to $2,812.14, a reduction of
$930.38. The property is currently for sale, asking $60,000.00.
Based upon a review of the current market value of the property, I feel
this settlement would be in the best interest of the City. I therefore
recommend this settlement, in which the Department of Law concurs.
This proposed settlement is subject to approval by Your Honorable
Body. I hereby request that the Corporation Counsel be authorized to
settle the 2001-02 certiorari proceeding on 143 Mohr Street, Buffalo,
New York, by reducing the assessment from $100,000 to $75,000.
Mrs.LoTempio. Moved: That the above communication from the
Department of Assessment, dated November 21, 200 1, be received
and filed; and That the Corporation Counsel be authorized to settle the
2001-02 certiorari proceeding on 143 Mohr Street, Buffalo, New York,
by reducing the assessment from $100,000 to $75,000.
Passed.
AYES - 11 - NOES - 0
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND
STREETS
NO. 15
"C. Fisher-Rev. W. Wilson-Req. Takeover-JFK Ctr.
Operations/Programming"
Item No. 76, C.C.P. November 13, 2001
I have been asked to respond to the above-referenced matter.
The City of Buffalo entered into a long term lease between the Division
of Parks and Recreation and Y.O. (Youth Opportunities) for
programming at the JFK Community Center. This programming has
been in operation since August.
This organization has spent hundreds of thousands of dollars to
renovate the city owned building and are paying rent by the square
foot. As of December 1, 2001, the staff will move in and Y.O. will be in
full operation.
Youth Opportunities has extensive programming which includes life
skills and shop training as outlined in the referenced communication.
Therefore, this program looks like a duplication of services in the same
neighborhood.
Importantly, the City of Buffalo, Division of Parks and Recreation
continues to run the gym and game room programming in
collaboration with Y.O. as afforded in the Local 650 Union contract.
This Division also has an obligation to operate the swimming pool in
the summer for the community and maintain the park, playground and
athletic fields year round for the community's benefit.
May I suggest that Friendship Baptist Church contact Youth
Opportunities so that they may collaborate with them to enhance
Youth Programming in the community.
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REFERRED TO THE COMMITTEE ON FINANCE
NO. 16
Change in Contract
Precinct 11
Renovations
General Construction
I hereby submit to Your Honorable Body the following changes for
Precinct 11 Renovations, General Construction, Summit Construction
Group, C #92010135.
1. Credit for not installing cleanout on sewer line. Deduct $ 751.00
The foregoing change results in a net decrease in the contract of
Seven Hundred Fifty One and 00/100 Dollars (-$751.00).
Summary:
Current Contract Amount $554,270.25
Amount of This Change Order (#11) Deduct $ 751.00
Revised Contract Amount $553,519.25
Costs have been reviewed by the Consulting Architect (Trautman
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 35320206 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
16, 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. 11, to Summit Construction Group, a decrease in
the amount of $75 1.00, as more fully described in the above
communication, for work relating to Precinct I I Renovations, General
Construction, C #92010135. Funds for this project are to be credited to
CPF 35320206 445 100 - Division of Buildings.
Passed
AYES - 11 - NOES - 0
NO. 17
City of Buffalo Snow Control Plan 2001-2002
Attached please find a copy of the 2001-2002 Snow Plan which has
also been given to all of the Council Members.
Should you have any questions on this, please feel free to give me a
REFERRED TO THE COMMITTEE ON STREETS SERVICES
NO. 18
77 West Eagle Street
Conduit Within
City Right of Way
(Item No. 180, C.C.P. 07/25/00)
Mr. Jeffrey Zack. P.E., a Senior Construction Project Manager for
the County of Erie, has applied for permission to install conduit within
City right of way at 77 West Eagle Street. The conduit would enable
Erie County to connect 77 West Eagle and the Ticor Building located
at 110 West Eagle Street with fiber optic cable allowing for data
transmission between the two buildings. Erie County owns 77 West
Eagle and is in the process of purchasing 110 West Eagle Street. The
conduit would be located within the north sidewalk area of West Eagle
Street and measure 80' in length.
The Department of Public Works, Parks and Streets has reviewed this
application pursuant to Chapter 413-67 (Encroachment regulations) of
the City Ordinances and has no objection to Your Honorable Body
authorizing the Commissioner of this department to issue a "Mere
License" to the applicant, County of Erie, for said encroachment
provided the following conditions are met:
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1.That the applicant obtain any and all other City of Buffalo
permits necessary for said installation including a Construction in
Street permit from room 512 City Hall.
2.That all City right of way affected by installation be 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 and all loss or
damage caused by the installation, use or removal of said
encroachment.
REFERRED TO THE COMMITTEE ON LEGISLATION AND THE
CITY PLANNING BOARD
NO. 19
Erie Basin Marina
Credit for Ansul System
Brand-On Services, Inc., the operator of The Hatch Restaurant at
the Erie Basin Marina has submitted the attached request for rental
credit in exchange for their installation of a hood and Ansul system at
the Hatch. This system is used to exhaust the cooking area.
I have explained that such credits should have been requested and
approved prior to installation. However, Brand-On Services have
requested that Council approval be sought retroactively.
The amount requested to be credited is appropriate for the work that
was done.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
CORPORATION COUNSEL
NO. 20
Lease of Rotary Rink to
Buffalo Place Inc.
Buffalo Place Inc. operated Rotary Rink, located in Fountain Plaza,
last year under a one-year lease agreement, which expired October
31, 2001.
Buffalo Place has indicated their desire to extend this lease through
the 2001-2002 operating season and perhaps beyond. 1, therefore,
request the Common Council's authorization to enter into a one year
agreement with two, one-year mutually renewable options. The terms
of this lease would be the same as last year's lease (copy attached).
Buffalo Place intends to open the Rink on Friday, November 30, 2001,
so your immediate approval of this item is requested.
Mrs.LoTempio. That the above communication from the Commissioner
of Public Works, Parks and Streets dated November 26, 2001, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets, be, and
he hereby is authorized to enter into a one year agreement with two,
one-year mutually renewable options for operation of Rotary Rink by
Buffalo Place, Inc.
PASSED
AYES - 11 - NOES - 0
NO. 21
Ord. Amendment
Chapter 167-Elevators
Item # 167, C.C.P. 9/4/01
The proposed ordinance amendment was referred to this
department for comment.
The Department of Public Works, Parks and Streets endorses the
proposed changes and recommends approval.
Page 11
01-1127ss1116.txt
Also, as Chairman of the Elevator Safety Review Board, I can also
advise that the Board supports and recommends approval of the
amendment.
RECEIVED AND FILED
NO. 22
Permission to Hire a Construction Manager
North Jefferson Library
Permission is hereby requested from Your Honorable Body to hire a
Construction Manager for the North Jefferson Library. The cost for
these services is estimated to be $188,000.00. Funds are available in
the Division of Buildings Capital Account.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 23
Public Notice
Amended Water Rates
Please be advised that the following public notice will be published
in the Buffalo News on Thursday, November 22, 2001.
PUBLIC NOTICE
Public Notice is hereby given that a public hearing will be he] pursuant
to Public Authorities Law Section 1048-1 on December 20, 2001 E
6:00 p.m. local time in the Common Council Chambers, 13 th Floor
City Hall Buffalo, New York concerning the establishment of fees,
rates, or other charges by the Buffalo Water Board (the "Water
Board") for the use of c services furnished, rendered or made available
by the water system of the City of Buffalo on or after January 1, 2002.
Such charges proposed to I established by the Water Board include up
to a 13.50% rate increase on Flat Rate Accounts, on Meter Accounts
up to a 18.50% increase on usage charges plus 8% increase on meter
capacity charges currently in effect. A copy of these rates are available
in the office of the Secretary of the Water Board located in City Hall,
Room 602 and may be inspected during regular business hours after
November 28, 2001.
RECEIVED AND FILED
FROM THE COMMISSIONER OF POLICE
NO. 24
DRUG ASSET FORFEITURE CHECKS RECEIVED
ITEM NO. 104, C.C.P. 2/2/88
8155-00114820C2-01-0079$ 830.35
C2-01-00801,162.15
C2-01-01101,241.03
8155-00113867C2-01-00242,441.03
8155-00114825C2-01-0070786.23
8155-00114841C2-01-0001632.03
8155-00114837C2-01-0020497.35
8155-00114876C2-01-0047783.14
8155-00114892C2-01-01137,35&03
TOTAL DEPOSIT$ 15,731.34
The above referenced property has been administratively forfeited by
the Drug Enforcement Administration.
(DEA). The checks were received by this Department and duly
deposited in the Trust & Agency Account,#20010000-389001.
These funds will be placed into one or more of the following accounts
as deemed by the Commissioner of Police:
Educational Training/Seminar
Confidential Funds
Materials and Supplies
Firearms and Weapons
Communications and Computers
Electrical Surveillance
Purchase of Services
Page 12
01-1127ss1116.txt
Improvements
Vehicles
Operating Equipment
If you have any questions regarding the above mentioned, please
contact Chief Edward Hempling at 851-5 181.
REFERRED TO THE COMMITTEE ON BUDGET
FROM THE COMMISSIONER OF FIRE
NO. 25
MEMORANDUM FOR DEPUTY COMMISSIONER CALVIN WORTHY
FROM CAPTAIN THOMAS COYNE
AVERAGE RESPONSE TIME STUDY YTD 2001
Attached is a study showing f he average response time for each
company broken down by month. The data for this study is generated
by our Computer Added Dispatch, (CAD), system.
Unlike the previous studies I've supplied for the Common Council this
year, this study is not 100% accurate and does not provide a perfect
picture of our response times. Having added this disclaimer, I believe
this study does provide a good tool in evaluating average response
times for each unit as long as you understand the limitations of the
report.
This report represents over 42000 runs, and based on its sheer
volume of data overcomes most of the shortcomings of statistical
inaccuracies.
To further improve the accuracy of the report we've screened out bad
data. Data that is created when responding companies fail to press
their "on location" buttons when they arrive at the incident.
Limitations of the Report
One major flaw in this report is that it shows slightly different response
times than actually occurred. Responding units are sometimes late or
early in pressing their "on location" button. As a result the times
listed maybe slower or faster than reality.
In previous reports I was able to provide exact response times, i.e.
from the time a person calls the E911 call-taker until a fire company is
on location. Unfortunately the CAD system could not provide me with
the time that the call is held at E91 1. To overcome this shortcoming
I've had to add 25 seconds to the CAD report which represents the
average amount of time a call is held at E91 I prior to us receiving it.
The attached report includes the additional 25 seconds.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 26
FIRE COMPANY ROTATION
11/2/01 TO 11/8/01
Per your request, attached are the response times survey's which
show the effects of the temporary closings and manpower reports for
November 2 - November 8, 2001.
Respectfully submitted,
REFERRED TO THE COMMITTEE ON BUDGET
NO. 27
FIRE COMPANY ROTATION
11/9/01 TO 11/15/01
Per your request, attached are the response times survey's which
show the effects of the temporary closings, manpower reports for
November 9 - November 15, 2001 and the revised schedule for the
rotation of fire company closings.
Respectfully submitted,
REFERRED TO THE COMMITTEE ON BUDGET
NO. 28
FIRE HOUSE CLOSINGS 10/5/01 TO 11/8/01
Following are the dates and fire house closings since October 5,
Page 13
01-1127ss1116.txt
2001:
DATE:DAYS:NIGHTS:
OCTOBER 5 THNO CLOSINGSNO CLOSINGS
OCTOBER 6 THENG. 21 AND LADDER 5ENG. 19 AND
LADDER 6
OCTOBER 7 THENG. 16 AND LADDER 15ENG. 21 AND
LADDER 5
OCTOBER 8THENG. 22 AND LADDER 2ENG. 21 AND
LADDER 5
OCTOBER 9THNO CLOSINGSENG. 22
OCTOBER 10THNO CLOSINGSENG. 22
OCTOBER 11THENG. 25 AND LADDER 6NO CLOSINGS
OCTOBER12 THENG. 25 AND LADDER 6ENG. 24 AND
LADDER 9
OCTOBER13 THENG. 31 AND LADDER 4ENG. 25 AND
LADDER 6
OCTOBER14 THENG. 31 AND LADDER 4ENG. 25 AND
LADDER 6
OCTOBER15 THENG. 32NO CLOSINGS
OCTOBER16 THENG.32NO CLOSINGS
OCTOBER17 THENG. 33 AND LADDER 15NO CLOSINGS
OCTOBER 18THENG. 33 AND LADDER 15NO CLOSINGS
OCTOBER 1 qT11NO CLOSINGSENG. 33 AND
LADDER 15
OCTOBER 20THENG. 34 AND LADDER 9ENG. 33 AND
LADDER 15
OCTOBER 21 STENG. 35 AND LADDER 7NO CLOSINGS
OCTOBER 22 NDENG. 35NO CLOSINGS
OCTOBER 23NO CLOSINGSENGINE 35
OCTOBER 24 THENG. 36ENGINE 35
OCTOBER 25 THNO CLOSINGSNO CLOSINGS
OCTOBER 26 T11ENG. 37ENG. 36
OCTOBER 27 THNO CLOSINGSENG. 37 AND
LADDER 5
OCTOBER 28THENG. I AND LADDER 14ENG. 37 AND
LADDER 5
OCTOBER 29 THNO CLOSINGSNO CLOSINGS
OCTOBER 30 THENG. 2 AND LADDER 15ENG. I
OCTOBER31 STNO CLOSINGSENG. 2 AND LADDER
15
NOV. ISTNO CLOSINGSENG. 2 AND LADDER
15
NOV 2 NDNO CLOSINGSNO CLOSINGS
NOV. 3 RDNO CLOSINGSENG. 10 AND
LADDER 7
NOV. 4 THENG. 21 AND LADDER 5NO CLOSINGS
DATE:DAYS:NIGHTS:
NOV. 5NO CLOSINGSNO CLOSINGS
NOV. 6 THENG. 22ENG. 21
NOV . 7THENG. 22 AND LADDER 2ENG. 21 AND
LADDER 5
NOV . 8ENG. 24 AND LADDER 9ENG. 22
REFERRED TO THE COMMITTEE ON BUDGET
FROM THE CORPORATION COUNSEL
NO. 29
BUFFALO SABRES - CONDEMNATION
RESERVE PAYMENTS
ITEM NO. 35, C.C.P., 11/13/01
The City of Buffalo entered into a non-binding Memorandum of
Understanding (MOU) for the Adelphia Project. Pursuant to the MOU,
Adelphia agreed to pay two additional quarterly ground rent payments
totaling $250,000 to the City of Buffalo. The City of Buffalo agreed to
Page 14
01-1127ss1116.txt
pay Adelphia the remainder of the Buffalo Urban Renewal Agency
(BURA) condemnation reserve for the original Crossroads Arena
project. This amount totals approximately $302,000.
The money has not been exchanged to date for a number of reasons.
First, the MOU clearly states that it is a non-binding document.
Second, negotiations and meetings have begun to draft a complete set
of binding, legally enforceable documents. These documents All
ultimately be submitted to the Common Council for approval. The Law
Department is currently reviewing whether the payments should be
exchanged now or when a final binding agreement is reached. In
addition, since the funds involve City of Buffalo as well as BURA
accounts, the payment should not be offset but rather separate checks
should be issued for each account.
REFERRED TO THE COMMITTEE ON TELECOMMUNICATIONS
NO. 30
LAKEVIEW HOMES-HOPE VI
REVISED REVITALIZATION PLAN
LAKEVIEW PHASE II
C.C.P., 11/13/01, NO. 62, C.C.P
10/2/01, NO. 66
Enclosed is a copy of correspondence this Department received
from counsel for the BMHA in support of the above item.
As we discussed, enclosed on behalf of Buffalo Municipal Housing
Authority ("BMHA") please find 15 sets of the following documents.
We ask that these documents be submitted to the Community
Development Committee of the Common Council for consideration at
the Committee session to be held at 10:00 a.m. on Wednesday,
November 21.
1. Executed Second Amendments to the Amended Stipulation of
Settlement and Consent Decree with respect to Jesse Comer, et al.
This document represents the agreement between the City, BMHA
and the Comer Plaintiffs with respect to cooperation with respect to the
completion of the Lakeview Revitalization, demolition of existing
substandard Lakeview units, compliance with relocation standards and
other related matters, all in accordance with the Revitalization Plan
previously submitted to the Council.
2. November 13, 2001 letter from the United States Department of
Housing and Urban Development ("HUD") to Sharon West, Executive
Director of BMHA, pursuant to which letter:
(a) HUD awarded $4,125,000 of additional HOPE V1 Demolition Grant
funds to be used to fund the demolition of the 666 severely distressed
public housing units at Lakeview.
(b) HUD authorized complete demolition of all 666 units at Lakeview
(this authorization had previously been granted, and withdrawn, but
has now been reinstated).
3. November 1, 2001 letter from the New York State Housing Trust
Fund Corporation pursuant to which $2,750,000 of Homes for Working
Family funds were granted to assist with the construction of 150 new
housing units as part of Phase II of the Lakeview Revitalization.
4. March 29, 2001 letter from the New York State Housing Finance
Agency (the "Agency") pursuant to which the Agency commits to
assisting with the financing of Phase 11 of Lakeview in the form of (a)
a bond of up to $14,400,000 (it is currently anticipated that such bond
will be in the amount of $13,800,000, with the balance being left over
for contingencies), (b) 4% low income housing tax credits in the
estimated annual amount of $1,170,000, and (c) a $1,000,000 loan
from the Empire Housing Fund. We note that the developer, Rolzman
Development, Inc., has advised us that this letter constitutes the
Agency's commitment to provide financing to the project, but that the
final terms and conditions of such commitment will be as set forth in
the evidentiary documents to be signed at the closing of the financing
(which is anticipated to take place in the spring or summer of 2002,
Page 15
01-1127ss1116.txt
assuming demolition of Lakeview commences during the month of
December 2001).
Representatives of BMHA as well as counsel to the Comer Plaintiffs
will be available to answer questions of the Committee at the
November 21 session.
RECEIVED AND FILED
NO. 31
LAKEVIEW HOMES-HOPE VI
REVISED REVITALIZATION 'PLAN
C.C.P., 11/13/01, NO. (52; C.C.P.,
10/2/01, NO. 66
Enclosed is a copy of correspondence this Department received
from counsel for the BMHA in response to the Common Council's
questions regarding the above item.
RECEIVED AND FILED
NO. 32
REVIEW OF NOMINEE(S) FOR RE
APPOINTMENT-BUFFALO PRESERVATION
BOARD
C.C.P., 10/30/01, NO. 3
The Corporation Counsel conferred With the Division of Collections
and reports (as verified by that Division as of November 9, 2001) that
the following nominees to the Buffalo Preservation Board have no
outstanding debts to the City:
John M. Laping, FAIA
Sam Gurney
Paul Carroll
RECEIVED AND FILED
NO. 33
REVIEW OF NOMINEE(S) FOR RE
APPOINTMENT-CITY PLANNING BOARD
C.C.P., 10/30/01, NO. 4
The Corporation Counsel conferred with the Division of Collections
and reports (as verified by that Division as of November 9, 2001) that
the following nominees to the City Planning Board have no outstanding
debts to the City:
Henry Bums
Horace A. Gioia
RECEIVED AND FILED
NO. 34
REVIEW OF NOMINEE(S) FOR
APPOINTMENT-BUFFALO BOARD OF
ETHICS
C.C.P., 10/30/01, NO. 2
The Corporation Counsel conferred with the Division of Collections
and reports (as verified by that Division as of November 9, 200 1) that
the following nominees to the Buffalo Board of Ethics have no
outstanding debts to the City:
Denise Sullivan
RECEIVED AND FILED
FROM THE COMMISSIONER OF PERMIT & INSPECTION
SERVICES
NO. 35
J. FEGGANS & O- OPP. RE-ESTABLISHING DELICATESSEN 278
E. DELAVAN
ITEM NO. 10/30/2001, C.C.P. 100:
I am in receipt of the above stated Common Council Communication
and wish to supply your Honorable Body with the following information.
Page 16
01-1127ss1116.txt
Upon the Department of Permit and Inspection Services receiving your
Honorable Body's Communication, Building Inspector Richard
Balesteri was dispatched to the site. Inspector Balesteri found the
storefroni vacant and empty of any implements necessary for the.
operation of a store. Inspector Balesteri also concluded that this store
has been closed for more than one year. Records in the Office of
Permits show that 278 East Delavan was constructed as a two story
brick veneer store and dwelling under permit number 30358 Issued
December 10~1909. This property is located is a R2 zoning district. As
this use requires a C I zoning district it is a non-conforming use. If the
store were in use from the time of the building being constructed, use
would be considered "grandfathered in". As this store has been vacant
for more than one year, use is now discontinued and this property can
no longer be used as a store Please also take note that if this area of
the building were to be occupied the use would have to conform to the
uses allowed in a R2 dwelling district. As of this writing no approval will
be given for this store and it will not be allowed to open unless the
Zoning Board of Appeals grants a variance and approval is received
from your Honorable Body f6i conformance to the regulations of the
Hamlin District Overlay. It is my sincere hope that this response
satisfies your inquiry.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 36
C. FISHER-IUOE-REQ. CERT. PAYROLLS FROM CITY DEMO
PROJECTS
ITEM NO. 4/3/2001 C.C.P. #81:
I am in receipt of the above stated Common Council Communication
and wish to supply your Honorable Body with the following information.
The letter dated March 14, 2001 from Mr. Gerald Franz Jr. has been
addressed through the Law Offices of Richard D. Furlong, P.C. It is my
understanding that Mr. Michel E. Reilly of the aforementioned firm has
been in contact with the Demolition Office of the Department of Permit
and Inspection Services. As of this writing, representatives of the
International Union of Operating Engineers have been given access to
our records for their review. The Demolition Office has also worked out
an agreement with Mr. Reilly for future review of our demolition
records as they pertain to the Prevailing Wage issues that have been
raised. It is my sincere hope that this response satisfies your inquiry.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 37
SECOND HAND DEALER
1598 ELMWOOD
Pursuant to Chapter 254 of the City of Buffalo Ordinances,
please be advised that I have examined the attached application for a
Second Hand Dealer License located 1598 Elmwood and find that as
to form it is correct. I have caused an investigation into the premises
for which said application for a second hand dealer license is being
sought and according to the attached reports from the Zoning Office,
Fire Department and Building Inspections, I find it complies with all
regulations and other applicable laws. I have caused and investigation
by the Police Department into the moral character of Peter Gatti. The
attached thereto for Peter Gatti d/b/a Gatti Jewelers. This request is
submitted for your approval or whatever action you deem appropriate.
RECEIVED AND FILED
NO. 38
USED CAR DEALER
1712 MAIN
Pursuant to Chapter 254 of the City of Buffalo Ordinances,
please be advised that I have examined the attached application for a
Page 17
01-1127ss1116.txt
Used Car Dealer License located 1712 Main and find that as to form it
is correct. I have caused an investigation into the premises for which
said application for a used car dealer license is being sought and
according to the attached reports from the Zoning Office, Fire
Department and Building Inspections, I find it complies with all
regulations and other applicable laws. I have caused and investigation
by the Police Department into the moral character of Ivory Bouyer. The
attached thereto for Ivory Bouyer d/b/a Main Auto Sales. This request
is submitted for your approval or whatever action you deem
appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 39
USED CAR DEALER
1279 GENESEE
Date: November 19,2001
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 1279 Genesee and find that as to form it is
correct. I have caused an investigation into the premises for which
said application for a used car dealer license is being sought and
according to the attached reports from the Zoning Office, Fire
Department and Building Inspections, I rind it complies with all
regulations and other applicable laws. I have caused and investigation
by the Police Department into the moral character of Lisa Miller. The
attached thereto for Lisa Miller d/b/a M & L Automotive. This request is
submitted for your approval or whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 40
USED CAR DEALER
1325 MAIN
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 1325 Main and find that as to form it is
correct. I have caused an investigation into the premises for which
said application for a used car dealer license is being sought and
according to the attached reports from the Zoning Office, Fire
Department and Building Inspections, I find it complies with all
regulations and other applicable laws. I have caused and investigation
by the Police Department into the moral character of Cash
Cunningham. The attached thereto for Cash Cunningham d/b/a Cash
Realty of NY Inc. This request is submitted for your approval or
whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 41
USED CAR DEALER
609 WALDEN
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 609 Walden and find that as to form
it is correct. I have caused an investigation into the premises for which
said application for a used car dealer license is being sought and
according to the attached reports from the Zoning Office, Fire
Department and Building Inspections, I find it complies with all
regulations and other applicable laws. I have caused and investigation
by the Police Department into the moral character of Peter Rybinski.
The attached thereto for Peter Rybinski d/b/a A & L Motors. This
request is submitted for your approval or whatever action you deem
appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
Page 18
01-1127ss1116.txt
FROM THE COMMISSIONER OF ADMINISTRATION AND FINANCE
NO. 42
DRAFT CASH MANAGEMENT APPROACH TO ENSURE
FISCAL INTEGRITY
CCP #25, NOVEMBER 13, 2001
The Mayor has directed that we include in the objectives for the "45
day" plan the reestablishment of a significant cash reserve for the City.
Again, the Mayor's plan has three objectives:
close the current year budget gap of $31 million; prepare a set of
recurring changes for the fiscal year 2002-2003 budget that will
address the continued drop in state aid, and; create cash reserves so
as to help cash flow through the timing problems created by the state
"spin ups."
The work done thus far by M&T and HSBC banks would support this
idea as well, as they note that the "spin ups" enacted for the Board
and the City create cash flow problems for the first half of the fiscal
year. Additional cash reserves would carry us through that period.
Thus, the Mayor has directed that we develop mechanisms to
generate cash reserves as part of the plan, and we look forward to
presenting them to your Honorable Body shortly.
On page 5 of the Draft Approach, the number for authorized unissued
debt as contained in the Statement of Debt Incurring Power, page 12
of the City budget, should be $104,931,260.
I trust this answers your questions.
REFERRED TO THE COMMITTEE ON BUDGET
NO. 43
GENERAL FUND GAP SHEET
FIRST QUARTER 2001-02
Under this cover please find the City's General Fund Gap Sheet for
the first quarter of Fiscal Year 2001-02. This gap sheet contains not
only an estimate of year-end results but also an estimate of the impact
of current trends and other factors on the 200203 Fiscal Year.
The gap sheet projects a negative result of operations of $15.068
million for the current year.
Expenses are projecting $15.139 under budget as a result of several
initiatives that have been undertaken since September I l1h when it
became clear that $31 million in state aid that had been budgeted
would not, in all likelihood, be coming. Personal Services are
projecting savings of $2.53 million due to strict attrition control, the
layoff of 75 city personnel and the elimination of 65 vacant, funded
positions. Fringe benefits are projecting $8.356 million below budget
as well. The majority of this savings is from pension (-$6.176 million).
An additional $0.504 million is from duty disability and $0.807 million is
from the elimination of budgeted raises for Locals 650 and 265 1. The
remaining $1.369 is in fact not savings but instead reflects the fact that
this amount has been moved to the salary line now that Local 264 has
settled a contract. Other savings include capital outlay ($2.7 million),
grants-in-aid ($2.2 million) and utilities. Utility savings are projecting at
$460,000 due to a reduction in the price of natural gas.
On the revenue side, transfers out have been decreased by $2.436
million reflecting the fact that the General Fund will not provide the
Water Enterprise Fund with the relief that was contemplated during the
formulation of the budget. Sales Tax is projecting $1.3 million under
budget despite the fact that we reduced the budget estimate by $4
million from last year's actual. This additional $1.3 million projected
loss is due to the economic downturn resulting from the events of
September 11 th . The largest reduction in revenue estimates results
from the loss of $31 million in general purpose state aid. Overall,
revenues, resources and interfund transfers are projecting $30.207
million under budget.
For the 2002-03 Fiscal Year, we are currently projecting a gap of
$39.8,82 million. This gap results from the elimination of $31 million in
Page 19
01-1127ss1116.txt
state aid and $10.7 million in resources. The resources we are not
counting on next year include the $7.0 million reval tax stabilization
fund that was used this year to offset the loss of property tax revenue,
the $3.342 million in unreserved, undesignated fund balance and
various other small reserves that were closed out. The aggregate loss
of revenue, resources and interfund transfers amounts to $41.388
million.
Helping to offset this revenue/resource loss is projected savings of
$3.797 million from the elimination of grants-in-aid and $9.073 from
budgeting zero percent raises for the city's workforce for the 2002-03
fiscal year. Unfortunately, a number of expenditures are projected to
increase. Personal Services are projected to increase $3.224 r1aillion
due to raises for public safety personnel in 2000-01 and 2001-02.
Group Insurance is projected to increase $7.059 million due to a 20
percent increase in insurance rates and debt service costs are
projected to increase $2.82 million due to the increased size of RAN
borrowings. In the current year we are projecting the same increase in
RAN interest and the loss of $580,000 in investment earnings due to
the depletion of the city's cash reserves. It should be noted too that
pension costs are projected to increase by $5.8 million next year from
this year's actual of $4.677 million due to the State Comptroller's
warning that pension costs next year may increase by as much as 4
percent of payroll.
The administration hopes this gap sheet informs the Council on the
current state of city finances. As always, I am available to meet with
the Council to discuss this document and any other items relating to
the city's financial outlook.
REFERRED TO THE COMMITTEE ON BUDGET
FROM THE COMMISSIONER OF COMMUNITY SERVICES
NO. 44
DRUG ABUSE PROGRAM REPORT
As per request of the November 20, 2001 Civil Service Committee
meeting, the attached information is enclosed.
If you should have any questions please contact me at 8514001.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE COMMISSIONER OF HUMAN RESOURCES
NO. 45
B.Williams - D. Teti
Engineering Vacancies
B.M.H.A.
#81, CCP 10/16/01
The issue of vacancies in the Buffalo Municipal Housing Authority is
not a personnel matter involving the City of Buffalo Department of
Human Resources.
Appointments from a civil service eligibility list is the prerogative of the
appointing authority, which in this case is the B.M.H.A.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 46
Residency Officer
Status Update
Please be advised that subsequent to my hiring as City of Buffalo
Residency Officer, the following progress has been made:
A. A Provisional employee seeking permanent status was denied and
released from her current position. This was based on her residency.
The individual lives in Cheektowaga. Documents and video footage
were provided to substantiate those claims.
B. Charges were filed on another City employee on 11/13/01.
Documentation and video footage is also available. Said individual
lives in West Seneca.
Page 20
01-1127ss1116.txt
C. Two other employees, both residing in North Tonawanda will be
charged in the upcoming weeks. Conclusive video footage and
documentation exists for both of these City employees.
D. In addition to the aforementioned four (4) cases, files have been
opened for eleven (11) additional employees living outside the City.
My next update will be sent to the Council on 12/15/01. If any member
has any questions, please feel free to contact me, Frank Rossi, at
851-5415.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 47
RESPONSE - FILLING JOBS DURING HIRING FREEZE
I am in receipt of your correspondence dated November 15, 2001 in
which the Common Council is requesting an explanation as to why so
many jobs are being filled during the hiring freeze.
Be advised that the Civil Service Administration is not the appointing
authority. The definition of "appointing authority" is in Civil Service
Law, Sec. 2.9 and states that the term "appointing authority" or
"appointing officer" means the officer, commission or body having the
power of appointment to subordinate positions. In the City of Buffalo,
the "appointing authority" is the head of each department. Therefore,
your inquiry should be directed to Donald Allen.
If you have any questions, please feel free to call my office.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE BOARD OF EDUCATION
NO. 48
"T. McKelvey-Req. Part.
Dev./Renovation-Bflo. Public Schools"
Item no. #72, C.C.P. November 13, 2001
Item #72, C.C.P. November 13, 2001, "T. McKelvey-Req.
Part.-Dev./Renovation-Bflo. Public Schools"
The letter from Terrence McKelvey, Attorney at Law has been
forwarded to Doug Francis, Executive Director of the Joint Schools
Construction Board.
REFERRED TO THE COMMITTEE ON EDUCATION
FROM THE BUFFALO MUNICIPAL HOUSING AUTHORITY
NO. 49
Re: Item #148; C. C. P. November 13, 2001, "Jasper Parrish
Proposal"
The above-referenced Council item requested a response from the
Buffalo Municipal Housing Authority by Wednesday, November 21,
2001. Please accept this letter as our response.
We appreciate that the City of Buffalo is facing an unprecedented and
severe budgetary crisis, and we agree that tax-exempt properties do,
by definition, place a greater strain on City resources than taxable
ones. Further, if one defines "absentee landlord" simply as an owner
which does not live in the property that it owns, then of course, the
Housing Authority is the City's largest absentee landlord. However, the
common definition of an absentee landlord as one who does not care
for its properties, or care about the neighborhood in which it owns
properties, is inaccurate and unfair when applied to the Buffalo
Municipal Housing Authority. We have already spent a great deal of
federal money on the rehabilitation and revitalization of the Jasper
Parrish development, and we have embarked, as promised, on a
large-scale planning project to map out future directions for the site.
We are always looking for additional ITUD money for large scale
projects, but what is contemplated by the Item in question is a
multi-million dollar project, on a par with those contemplated by the
federal government's HOPE VI program. When we had Replacement
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01-1127ss1116.txt
Housing Factor program money applicable to the purchase of new
units, we attempted to buy the Hertel Homes property, with results
which I am sure the Council recalls. I do not believe that Jasper
Parrish would qualify for a grant of this type, as it does not qualify as
obsolete public housing.
It is not possible to "freeze" new residents being moved into Jasper
Parrish, as there is a profound need in this City for low-income
housing. It was, in fact, one of the cornerstones of the Comer
settlement that the total number of units available for persons
low-income not be reduced. It is certainly true that some, perhaps
many, of the current residents of Jasper Parrish would be able to
afford mortgage payments. But, especially in these economic times, it
would not be feasible for the Housing Authority to stop leasing up
available units. Further, it was very clear from the recent neighborhood
meeting held in the community that many of our residents either do not
wish to become homeowners or cannot afford to become
homeowners.
As far as the proposal concerning the construction of a senior's-only
development, it is undisputed that at this time, the City of Buffalo has
an over-abundance of senior citizen housing. I have been informed by
the NYS DHCR that new construction of tax-credit privately-owned
senior citizen housing will be difficult, if not impossible, to have
approved.
I do not mean to reject the proposal entirely; there are many elements
of the proposal which are very interesting. I intend to have our
planning consultants review it, and any supplementary information
which the Council may forward, to determine the feasibility. Further, I
recognize that the development is in need of additional parking, green
space and play areas for children.
The Buffalo Municipal Housing Authority contributes a great deal to the
City, and endeavors always to be a good landlord and a good
neighbor. In addition to paying the City PILOT, we pay the City
thousands of dollars each year for Civil Service, Indirect Costs and
Data Processing services. Our Department of Public Safety answers
thousands of calls for service each year, thus freeing up more Buffalo
Police Department time. However, I cannot responsibly commit to a
program which would reduce the number of units available for persons
of low-income in the City, and I am confident that such a proposal
would either violate the existing Comer decree or at least cause the
attorneys for the Comer plaintiffs to contemplate a second lawsuit
against the Authority and the City.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
FROM THE CITY CLERK
No. 50
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:
xx Community Services-
RECEIVED AND FILED.
No. 51
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:
XX Buffalo Sewer Authority
xx City Planning Board
RECEIVED AND FILED
Page 22
01-1127ss1116.txt
No. 52
Notices of Appointments - Seasonal/Flat
I transmit herewith certificates received by me, reporting seasonal
and flat salary appointments made in various departments.
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Certificate of Appointment
Appointment Effective: November 26,2001 in the Department of Public
Works, Parks, Streets Division of Recreation to the Position of Laborer
II Seasonal Appointment at the: Flat Starting Salary of: $8.15 Jim
Wilkinson 83 Philadelphia Buffalo 14207
Appointment Effective: 11/19/01 in the Department of Public Works
Parks & Streets Division of Streets to the Position of Laborer II
Seasonal Appointment at the: Flat Starting Salary of 8.15 hr.
Alleric Gray 47 Norwood Ave. Buffalo 14222
Mark Staniszewski 195 Lockwood Ave. Buffalo 14220
by the Municipal Civil Service Commission for the
Appointment Effective: November 16. 2001 in the Department of
Public Works, Parks & Streets Division of Streets to the Position of
Laborer II Seasonal Non-Competitive at the Flat Starting salary of
$8.15 Shawn Brown 33 Carl St Buffalo, NY 14215
No. 53
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 21, 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
Patrick Lonergan 24 Red Jacket Parkway Buffalo 14220
Appointment Effective: November 9, 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: s 10.25 John F. Kupinski 241 Columbus
Avenue Buffalo 14202
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
NO. 54
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
RECEIVED AND FILED
NO. 55
T. HAYWOOD
DELPHIA CONNECTION
September 11 left all of us struggling to determine how we can help in
the rebuilding of America after the terrorist attack. Our communities'
young people have been the hardest hit by the confusion and fear that
these attacks have left in their wake. The cable industry, continuing
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01-1127ss1116.txt
our Commitment to youth and education, has provided a variety of
resources to assist parents and teachers in helping our children
through this difficult time.
This edition of Adelphia Connection is dedicated to providing our
customers with important information on Cable in the Classroom and
other resources we make available to them. Adelphia provides free
cable television and high-speed Internet connections to schools and
libraries in our service areas through the Cable in the Clasroom
initiative, as well as provides study guides, training rosources and
electronic support. These resources are intended to help parents and
teachers answer difficult questions on some very sensitive topics.
Cable in the Classroom has added support material to their website, at
www. ciconline. org, including "Teaching About Terrorism," and other
articles and discussion questions to help teach about the attacks and
their aftermath. A companion site, www.c-span.org, sponsored by
C-SPAN, helps to answer questions such as "Am I safe?" "How should
the U.S. respond?" and "Why was the U.S. a target?"
Our customers are encouraged to contact their local Adelphia offices
or the Adelphia in the Classroom director, Sam Trivilino, for more
information and resources.
We also encourage You, our local community leaders, to contact us
for more information on what we're doing in the comnunities we serve,
as well as with suggestions as to how we can better serve our
customers during this important time.
REFFRRED TO THE SPECIAL COMMITTEE ON
TELECOMMUNICATIONS
No. 56
L. Jackson - Req. Minutes
Kensington Biley Area Planning Comm.
Please file enclosed correspondence for Tuesday, November 27,
2001 Common Council Meeting.
Thank you for your attention to this matter, if you have any questions,
please feel free to contact my office.
As Council Member of the University District and primary funding
source, I am requesting official minutes of meetings of the Kensington
Bailey Area Planning Committee Board meeting from August,
September, October and November, 2001.
According to your by-laws, Minutes must be recorded at each board
meeting by a duly elected secretary or a representative thereof to
comply with the guidelines that every legal and official board meeting
be officially recorded.
Please submit these minutes to this office to be filed with the Buffalo
Common Council. Please comply with this request as soon as
possible.
REFERRED TO THE COMMITTEE ON FINANCE, THE
CORPORATION COUNSEL AND THE COMMISSIONER OF
COMMUNITY SERVICES
NO. 57
Notice of Scoping Comment Period Extension
We have received several requests to extend the Scoping
Comment Period to provide additional time for people to review the
Draft Scoping Document and to formulate and submit comments.
Therefore, please be advised that we have extended the end of the
comment period from Friday, 23 November 2001 to Tuesday, 4
December 2001.
REFERRED TO THE COMMITTEE ON BINATIONAL BRIDGES AND
THE CORPORATION COUNSEL
NO. 58
CONCERNS - FIRE DEPT.
As life long residents of Buffalo we are concerned with the plan of
Page 24
01-1127ss1116.txt
making cuts in the Buffalo Fire Department. We're worried about the
health and safety consequences that would result.
We are city homeowners, as well as having rental real estate property
located in the city,
Unfortunately we have had to use the services of the fire department
personally in what where life threatening incidents; FORTUNATLY the
Buffalo Fire Department responded quickly and are well trained to deal
with medical emergencies.
We understand that the City finances have to be adjusted, but please
don't put us, our neighbors, tenants, or any other Buffalo resident or
visitor in jeopardy by cutting these needed services that the Buffalo
Fire Department provides.
RECEIVED AND FILED
NO. 59
REQ. NO DUMPING SIGNS
WOODLAWN/WELKER
Please be advised for several months I Faustenia Morrow, residing
at 87 Welker Street, have been actively cleaning the comer of
Woodlawn and Welker of all the community's garbage that has been
placed on top of the fire hydrant.
I am requesting that NO DUMPING SIGNS be placed appropriately
around the area mentioned above. A copy of this letter is being
forwarded to those listed below.
I am expecting response with action taken in this regard.
RECEIVED AND FILED
NO. 60
UNABLE TO ACCEPT NOMINAION BD ETHICS
Thank you so much for the nomination to serve on the Board of
Ethics Committee for the City of Buffalo.
Regretfully, due to recent health problems, I am unable to accept the
nomination at this time. I look forward to being of service to the
community at a future date.
RECEIVED AND FILED
NO. 61
B. WILLIAMS & D. TETI
ENGINEER VACANCIES - BMHA (#81CCP OCTOBER 16,2001)
This letter is a rebuttal to a response given by the Buffalo Municipal
Housing Authority's Attorney, Mr. Gillian D. Brown, to the above
referenced matter. Mr. Brown states that my "information is incorrect in
virtually every regard", that "currently, there are six (6) unfilled
positions": "Two (1) for temporary Senior Engineer, four (4) for
permanent Senior Engineer, and one (1) for permanent Junior
Engineer".
Enclosed are copies of the Engineer's schedule for the 2001-2002
Heating Season, please note the circled open shifts at the bottom of
the pages for the projects indicated at the top of the schedules. The
circled open shifts add up to a total of seven (7) vacancies. These '
schedules do not include the additional Junior Engineers that will be
needed when the heating plants at, Commodore Perry and Kenfield
Homes change over to coal for the winter months, nor do they include
the open position for Assistant Chief Engineer.
Mr. Brown further states that "the positions are not filled at this time
simply because we know that the Lakeview boilers will soon be
off-line"..."This Will obviously lessen the need for engineers".
Please not schedule #4, Lakeview, it shows that there are only three
(3) full-time Senior Engineers employed at that project. When it
becomes necessary to take the boiler system off-line, these engineers
will fill three (3) of the open positions, there will still be four (4)
vacancies to fill. Mr. Brown admits "that we are currently ensuring
proper engineer coverage through the use of overtime", however, no
complaints or grievances have been filed. Mr. Brown, being an
Page 25
01-1127ss1116.txt
attorney, should be well aware of the definition of a grievance as being
a violation of the Collective Bargaining Agreement, since a specific
number of hours of overtime are not listed in the agreement, the Union
would not have any recourse to file a grievance, nor would we want to,
the point was made in the original letter, as an economic point of view.
The list of twenty-three (23) names was provided to me by the Civil
Service Commission, weather twenty three (23) or seven (7) or three
(3) names still exist on the list, these are individuals that are still
interested in employment at the B. M. H.A. And last, but certainly not
least, I am appalled at the reference Mr. Brown makes to me having a
personal interest in this matter, because one of the names on the list
is my brother. My brother to ' ok and passed an open competitive
exam for the position of Senior Engineer, he has the experience and
the knowledge to more than qualify for that position. All that the
B.M.H.A. needs to do is consider him for employment in a fair and
equitable manner. The reference to a conflict of interest is ludicrous,
there are no rules pertaining to relatives working within the Civil
Service System, if there were otherwise, half the people working in the
City or County Government would have to find other employment.
Mr. Brown closes by stating that the Honorable Body for the Common
Council has no power to take an action in this matter, "especially in
these times of fiscal difficulty". The Union contends that it would be
prudent and economical to fill the vacancies with new employees at
lower starting wage rates, then to pay overtime to current employees
to fill open positions. Feel free to contact me if you have any
questions. Thank you.
RECEIVED AND FILED
NO. 62
Expansion of Main-LaSalle Housing Project
This firm represents Buffalo Transport Warehouse and Distribution
Services, LLC ("BTW") and its associate company, Buffalo Transport
Company, Inc. ("BTC"), both of which are hereinafter referred to
collectively as "Buffalo Transport." We acted f6i BTW in the acquisition
of 21 LaSalle Avenue, Buffalo, New York (the "Property") and continue
to represent BTC in its prolonged and ongoing efforts continue to
conduct its business from the Property.
Prior to the purchase of the Property by BTW, we attended meetings,
held discussions and directed inquiries to representatives of various
instrumentality's of the City of Buffalo, to ensure that our client's
business (warehousing and related activities) satisfied local zoning
ordinances. As a result of our inquiries, we received confirmations and
assurances by certain of these representatives that such activities are
consistent with local zoning laws. BTW ultimately purchased the
Property on April 11, 200 1.
The instant application before the Common Council deals with the
expansion of the William Price Parkway residential development off of
LaSalle in the City of Buffalo.
It is a well settled tenet of federal and New York State laws that private
property cannot be taken by eminent domain unless it is for a public
use. The New York State Constitution permits the legislature to enact
laws to provide for the clearance, re-planning, reconstruction, and
rehabilitation of blighted, substandard and unsanitary areas. The
Urban Renewal Law was enacted for the express purpose of
correcting substandard, unsanitary, blighted and deteriorated
conditions existing in municipalities throughout the state. The Urban
Renewal Law grants municipalities the rights and powers to correct
and eliminate the spread of deterioration and
blight and these rights are considered a public use and public purpose
essential to the public interest. When land is found substandard, its
taking for urban renewal is deemed for a public purpose. The New
York State Constitution expressly provides that private property may
not be taken without "just compensation," and moreover, explicitly
Page 26
01-1127ss1116.txt
states that property cannot be taken for "private use."
Public use has been defined as being for the benefit and advantage of
all, the public in which all may share in affecting the public generally.
The public use test is not satisfied when the taking is geared
exclusively for the benefit of certain individuals. Public use means use
by the public. There must be a right on the part of the public or some
public agency on behalf of the public to use the property after it is
taken. The principle of public use is a safeguard against takings for
private purposes. It is not legally sufficient to take lands and devote
them to some public use. The lands must be devoted to a specific
public use.
The expansion of the Main-LaSalle project can only occur if lands
owned by Buffalo Transport are condemned. Any condemnation by the
Buffalo Urban Renewal Agency under the current circumstances would
be an impermissible exercise of its power of eminent domain. The
taking would not be for a public use because the benefit would cater to
only a select group of individuals that could afford to live in the new
exclusive housing development. We are unaware of any public
hearings that have been held by the City that have addressed the
need to expand Phase 11 of the development. Similarly, we are
unaware of any administrative findings that have concluded that the
Buffalo Transport facilities we blighted, substandard or unsanitary.
We believe that a greater public benefit is served if Buffalo Transport
is permitted to conduct and expand its business in its existing facility.
Buffalo Transport currently employs fifteen (15) people and the
company has gown at a rate of twenty-five percent (25%) per year.
The physical plant occupied by Buffalo Transport is not in a blighted,
substandard area. Rather, the company has made a significant
investment in enhancing the property for the conduct of its operations.
To cause the company to relocate would further add to the economic
blight of the City of Buffalo.
Moreover, the condemnation of the warehouse for the expansion of a
residential development does not serve a public use or benefit at all. A
majority of the citizens of Buffalo could not afford to live in the houses
constructed by the developer. The development is restricted to a
particular class of persons and would be in conflict with the concept of
public use or public benefit. The economic viability of a Phase 11
development must also be questioned. We have been advised that six
residential lots remain unsold in Phase 1. It seen-is premature to
commit City resources to a project where twenty-six percent (26%) of
the available building lots remain unsold. If the City were to invoke its
powers of condemnation at this time, Buffalo Transport may seek to
relocate outside the city lines. Furthermore, the City and Buffalo
Transport would become involved in protracted litigation relating to the
valuation of the Property. Since it's acquisition, the Property has been
improved substantially. Buffalo Transport has; expanded its
transportation and warehousing businesses. A closure would have a
significant adverse impact on our client's business prospects. The
interruption in business will undoubtedly cause a loss of business. The
moving and relocation expenses would be well in excess of the
purchase price paid for the Property. Finally, we believe the greater
public benefit is ill served if the City engages in urban renewal projects
that it cannot afford. The limited financial resources of the City should
be directed to projects that will have a more profound and substantial
impact on economic development and the public benefit. This project,
if approved will provide temporary employment to those working for the
developer. It will provide housing to a select group of individuals with
the means to afford the homes, and it will cost the City its most scarce
commodity: stable, well-paying jobs. Based on the foregoing, we
respectfully request that the application to expand the housing
development be denied.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT AND THE CORPORATION COUNSEL
Page 27
01-1127ss1116.txt
PETITIONS
No. 63
D. MIKA, AGENT, USE 24 ELMWOOD FOR AN
ILLUMINATED SIGN.
(HRG. 12/4)
REFERRED TO THE COMMITTEE ON LEGISLATION,
DIRECTOR OF STRATEGIC PLANNING, CITY PLANNING
BOARD AND CORPORATION COUNSEL.
No. 64
D. MIKA, AGENT, USE 2207 NIAGARA FOR AN
ILLUMINATED POLE SIGN.
(HRG. 12/4)
REFERRED TO THE COMMITTEE ON LEGISLATION, DIRECTOR
OF STRATEGIC PLANNING, CITY PLANNING BOARD AND
CORPORATION COUNSEL.
Regular Committees
Civil Service
(Barbara A. Miller-Williams, Chairperson)
No. 65
Appointment
Acting Senior Counselor-James Matthews (Comm. Svs.)
(Item No. 57-C.C.P. Nov. 13, 200 1)
That Communication 57, Nov. 13, 2001 be received and filed and
the appointment of James Matthew stated above at the Step 2 salary
of $33,982.72 effective on November 5. 2001 is hereby approved.
PASSED
AYES - 11- NOES - 0
No. 66
Notices of Appt s. -Temp. /Prov. /Perm. (C. Clk.)
(CCP#68-Nov. 13, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
No. 67
C. Fisher-T. Woods-Concerns-Remov.-CS List-See. Guard-13d.
Ed.
(CCP#77-Nov. 13, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
Finance
(Betty Jean Grant, Chairperson)
No. 68
Min. Accelerated Payment Program (Exc. V Res.)
(CCP#l69-Julv 10, 01)
That the above item be and the same hereby is referred to the
Special Committee on Minority Business Enterprise.
ADOPTED
No. 69
City of Buffalo Traffic Safety Educational Program Approval of
Grant
(Item No. 24, C.C.P., Oct. 16, 200 1)
Page 28
01-1127ss1116.txt
That the above item be and the same hereby is received and filed
ADOPTED
NO. 70
Results of Negotiations - 99 Bissell Street
(Item No. 18, C. C.P., Oct. 3 0, 200 1)
That the offer from Ms. Madeline C. Jordan, residing at 97 Bissell
Street, in the sum of Five Hundred Dollars ($500.00) for the purchase
of 99 Bissell 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 - 11 - NOES - 0
NO. 71
Results of Negotiations - 96 Box Avenue
(Item No. 15, C. C.P., Nov. 13, 200 1)
That the offer from Mr. Lavane Mason, residing at 94 Box Avenue, in
the sum of Seven Hundred and Fifty Dollars ($750.00) for the
purchase of 96 Box Avenue, be and hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; 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 - 11 - NOES - 0
NO. 72
Results of Negotiations - 46 Cypress Street
(Item No. 16, 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 offer from Mr. Theodore Greene and Mrs.
Willie Ida Greene, residing at 324 Pine Street, in the sum of One
Thousand and Two Hundred and Fifty Dollars ($1,250.00) for the sale
of 46 Cypress Street, be and is hereby 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 - 11 - NOES - 0
NO. 73
RESULTS OF NEGOTIATIONS - 384 KOONS AVENUE
(ITEM NO. 20, C. C.P., OCT. 3 0, 2001)
That the offer from Mrs. Dysire Pitts-Johnson, daughter and Power
of Attorney for Mrs. Rose I Lance, residing at 386 Koons Avenue, in
the sum of Five Hundred Dollars ($500.00) for the purchase of 384
Koons Avenue, be and hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
Page 29
01-1127ss1116.txt
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 -11 NOES - 0
NO. 74
RESULTS OF NEGOTIATIONS - 45 PROVIDENCE STREET
(ITEM NO. 10, C.C.P., SEP. 4, 200 1)
(ITEM NO. 127, C. C.P., SEPT. 18, 200 1)
(ITEM NO. 104, 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. 75
RESULTS OF NEGOTIATIONS - 156 AND 162 ROTHER AVENUE
(ITEM NO. 17, C.C.P., NOV. 13, 2001)
That the offer from Mr. Mehbub Patel and Mrs. Hasina Pastel,
residing at 167 Sobieski Street, in the sum of One Thousand Dollars
($1,000.00) for the purchase of 156 and 162 Rother 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 v.6th the terms of sale upon which
the offer was submitted.
PASSED
AYES -11 NOES - 0
NO. 76
RESULTS OF NEGOTIATIONS - 126 SOBIESKI STREET
(ITEM NO. 21, C.C.P., JUNE 26, 2001)
That the offer from Mr. Inran Khan, residing at 128 Sobieski Street,
in the sum of Four Hundred Dollars ($400.00) for the purchase of 126
Sobieski 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 -11 NOES - 0
NO. 77
REQ. PURCHASE-480 & 482 SPRING ST. (STRAT. PL.)
(CCP#18-JUNE 26, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 78
PURCHASE A STEP VAN
Page 30
01-1127ss1116.txt
(ITEM NO. 5 1, C.C.P., OCT. 30, 200 1)
(ITEM NO. I 11, 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 Commissioner of Public Works, Parks and Streets be, and he
hereby is authorized to trade-in three pieces of equipment (S-635, S-1
10 and S-111) for a total of $14,000.00 toward the purchase of a Step
Van as stated in the above communication.
PASSED
AYES -11 NOES - 0
4
NO. 79
B. GRANT-D. KNIGHT & O-PETITION-REQ. NEW
CURBS-AMHERST ST.-COMSTOCK/13AILEV
(CCP#87-NOV. 13, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 80
MONTHLY REPORT- 10/0 1
(CCP#4-NOV. 13, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 81
RENEW LEASE - CENTRAL POLICE SERVICES FORENSIC
LABORATORY
(ITEM NO. 14, 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 item be recommitted to the
Committee on Finance.
ADOPTED
NO. 82
LEASE AGREEMENT FOR THE USE OF E. FERRY WATER TANK
(ITEM NO. 41, 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 Buffalo Water Board be, and it hereby is authorized to enter
into a lease agreement as amended by the Corporation Counsel with
Cricket New York Property Co. for the installation of radio
communications equipment on a portion of the E. Ferry Street water
tower addressed as 1 Junction RR for the monthly rent of $2,300.00
with a 3% increase each year.
PASSED
AYES - BONIFACIO, COPPOLA, ELLINGTON, FISHER, FONTANA,
GOLOMBEK, GRANT, LOTEMPIO, MARTINO, THOMPSON -10
NOES - PITTS - 1
LEGISLATION
(RICHARD A. FONTANA, CHAIRMAN)
NO. 83
T. THIELMANN, PETITION TO USE 657 CLINTON STREET -
PARKING LOT
(ITEM NO. 84, C. C.P., NOV. 13, 200 1)
That after the public hearing before the Committee on Legislation on
November 20, 2001, the petition of T. Thielmann, agent, for
permission to use 657 Clinton Street for a parking lot be, and hereby is
approved subject to the design approval by the City Planning Board.
PASSED
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01-1127ss1116.txt
AYES -11 NOES - 0
NO. 84
T. CALEY, PETITION TO USE 3038 BAILEY AVENUE - SIT-IN
RESTAURANT
(ITEM NO. 83, C. C.P., OCT. 16, 200 1)
(ITEM NO. 124, C. C.P., OCT. 3 0, 200 1)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Fontana moved:
That after the public hearing b0efore the Committee on Legislation on
October 23, 2001, the petition of T. Caley, for permission to use 3038
Bailey Avenue for a sit-in restaurant be, and hereby is approved.
PASSED
AYES -11 NOES - 0
NO. 85
T. CALEY, PETITION TO USE 3038 BAILEY AVENUE - SIT-IN
RESTAURANT (C.P.)
(ITEM NO. 5, C. C.P., OCT. 3 0, 200 1)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Fontana moved:
That the above mentioned item be and the same is hereby received
and filed.
ADOPTED
NO. 86
M. BROCKMYRE, PETITION TO USE 2176 GENESEE STREET -
HUMAN SERVICES FACILITY
(ITEM NO. 86, C. C.P., OCT. 2, 200 1)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Fontana moved:
That after the public hearing before the Committee on Legislation on
October 9, 2001, the petition of M. Brockmyre, agent, for permission to
use 2176 Genesee Street for a human services facility be, and hereby
is approved pending a review of City owned properties that could be
substituted for this faculty
PASSED
AYES -11 NOES - 0
NO. 87
APPT.-MEMBER-BFLO. BD OF ETHICS (MAYOR)
(CCP#2-OCT. 30, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 88
BD. OF ASSESSMENT REVIEW-APPT. -PERM. MEMBERS
(ASSESS.)
(CCP-#35-OCT. 30, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 89
APPOINTMENT TEMPORARY MEMBERS - BOARD OF
ASSESSMENT REVIEW
(ITEM NO. 36, C.C.P., OCT. 30, 2001)
That the above item be, and the same hereby is, returned to the
Common Council without recommendation.
Mr. Fontana moved
That the appointment of Coralia J. Hetzner, residing at 67 Lancaster
Page 32
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Avenue, and Robert Zielinski, residing at 30 Lyman Street as
temporary members of the Board of Assessment Review to serve
twenty to no more than forty days as needed during the time period of
December 2001 to mid-February 2002 be, and hereby is approved.
PASSED
AYES -11 NOES - 0
NO. 90
NOTIFICATION SERIALS #9372-74 (PW)
(CCP#37-NOV. 13, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 91
CHANGE OF PARKING RESTRICTIONS - DONALDSON AVENUE
(ITEM NO. 184, C. C.P., SEPT. 4, 200 1)
That the Commissioner of Public Works, Parks and Streets change
the parking restriction from 140-198 Donaldson Avenue to 9:00 a.m. to
3:00 p.m.
ADOPTED
NO. 92
R. LOTEMPIO-C. HARTMAYER-NFTA-ISSUES-PUBLIC
TRANSPORTATION
(CCP#97-MAY 1, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 93
K. BELANGER-BFLO. P LACE- SUSPENS] O N-CHIPPEWA
ST.-EXPANSION INIT./SERV.
(CCP#65-OCT. 16, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 94
C. CIESZYNSKI-REQ. PKG. ON BOTH SIDES OF WHEELOCK ST.
AFTER 4:00 P.M.
(CCP#92-JUNE 26, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 95
REQ. FOR PKG.-BOTH SIDES-WHEELOCK ST. (PW)
(CCP#32-OCT. 16, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 96
CANOPIES - 655 MAIN STREET
(ITEM NO. 41, C.C.P., OCT. 30, 200 1)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
Mr. Fontana moved that the above item be recommitted to the
Committee on Legislation.
ADOPTED.
NO. 97
OCCUPY CARY STREET
(ITEM NO. 17, C.C.P., OCT. 30, 200 1)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
Mr. Fontana moved that the above item be recommitted to the
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Committee on Legislation.
ADOPTED.
NO. 98
J. CARSON - BENDERSON'S PLAN - UTILIZE PORTION OF CARY
STREET
(ITEM NO. 82, C. C.P., OCT. 3 0, 200 1)
That the above item be, and the same here is returned to the
Common Council without recommendation.
Mr. Fontana moved that the above item be recommitted to the
Committee on Legislation.
ADOPTED.
NO. 99
L. ROBERTSON - REQ. BENDERSON SUBMIT SITE PLAN APP.
CONDITIONS - CARY STREET
(ITEM NO. 89, C.C.P., OCT. 30, 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 recommitted to the
Committee on Legislation.
ADOPTED.
NO. 100
BENDERSON DEV. - CARY STREET - USE STREET ROW (C.P.)
(ITEM NO. 9, C. C.P., NOV. 13, 200 1)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
Mr. Fontana moved that the above item be recommitted to the
Committee on Legislation.
ADOPTED.
NO. 101
HAMPTON INN/SUITES - REQ. PERM TO OCCUPY - CARY
STREET ROW (P.W.)
(ITEM NO. 40, C. C.P., NOV. 13, 200 1)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
Mr. Fontana moved that the above item be recommitted to the
Committee on Legislation.
ADOPTED.
NO. 102
R. FRANCO - BENDERSON - REQ. PERM TO OCCUPY - CARY
STREET ROW (PERMITS)
(ITEM NO. 52, 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 recommitted to the
Committee on Legislation.
ADOPTED.
NO. 103
L. ROBINSON - CARY STREET PHOTOS (HAMPTON INN)
(ITEM NO. 53, C.C.P., NOV. 13, 200 1)
That the above item be, and the same hereby is returned to the
Common Council without recommendation.
Mr. Fontana moved that the above item be recommitted to the
Committee on Legislation.
ADOPTED.
NO. 104
DELAYED/UNSAFE DEMO. ACT
Page 34
01-1127ss1116.txt
(CCP#153-JULY 10, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 105
M. MILLER - HAZ. CONDITION - 2830 MAIN STREET
(ITEM NO. 73, 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 mentioned item be and the same is hereby received
and filed.
ADOPTED
NO. 106
DEMOLITION CONTRACTORS
(ITEM NO. 211, C.C.P., JULY 24, 200 1)
That the Law Department, Public Works Commissioner and
Commissioner of Permits and Inspections include identification
signage in all demolition jobs performed in the City of Buffalo; and
Such signage include the contractors name, address, phone
number, and contact person; and
That such signage be no bigger than 3' by 3' and is to be
prominently displayed near the front of the property, securely affixed to
a stake or wire sign system for the duration of the demolition project.
Adopted.
NO. 107
DEMOLITION CONTRACTORS (PERMITS)
CCP#43-10/16/01
That the above item be and the same hereby is received and filed,
ADOPTED
NO. 108
FIRE DEPT. RESPONSE-HAZ. INCIDENTS ON RAILWAY SYSTEM
(CCP# 184-OCT. 30, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 109
FIRE DEPT. RESPONSE-HAZ. INCIDENTS ON RAILWAY SYSTEM
(FIRE)
(CCP#47-NOV. 13, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 110
E. WELLS-KALEIDA HEALTH-REQ. ADDRESS ISSUE-FMO
REIMBURSEMENT RATES
(CCP#149-SEPT. 4, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 111
E, WELLS-KALEIDA HEALTH-REQ. ADDRESS ISSUE-HMO
REIMB. RATES (HR)
(CCP#59-OCT. 2, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 112
EMERG. PROC. IN COB (FIRST RESOLVE ONLY)
(CCP#206-SEPT. 18, 01)
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01-1127ss1116.txt
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 113
FIRE SAFETY PLAN (PW)
(CCP#26-OCT. 16, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 114
COB BRIEF SUMMARY- 1989-2001 RECORDS MGMT. (PW)
(CCP#41-OCT. 2, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 115
COB BRIEF SUMMARY-1989-2001 RECORDS MGMT. (C. CLK.)
(CCP#74-OCT. 30, 01)
That the above item be and the same hereby is referred to the Special
Committee on Budget.
ADOPTED
COMMUNITY DEVELOPMENT
(BEVERLY A. GRAY, CHAIRPERSON)
NO. 116
URBAN RENEWAL PLAN AMENDMENT-ELLICOTT
REDEVELOPMENT PROJECT-PARCEL F I LAND USE CHANGE
(ITEM NO. 19 C.C.P., NOV. 13, 2001)
That the above item be and the same is returned to the Common
Council without recommendation.
RECOMMENDED BY THE COMMITTEE ON LEGISLATION.
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: Fred Heinle, Strategic Planning
Opposed: James Rozanski
Mrs. LoTempio now moved that the hearing be closed. Seconded by
Mr. Thompson.
CARRIED.
That the Common Council conducts a Public Hearing to
change the Land Use Plan for Parcel F 1, from "Neighborhood
Commercial Use" to "Residential Use" for the 1.1 acre BURA-owned
Parcel FI located at 540 Swan Street.
Adopted
WHEREAS, the Common Council of the City of Buffalo approved
the Ellicott Redevelopment Project Urban Renewal Plan on August 2,
1957, C.C.P. No. 4; and
WHEREAS, it has been determined by the Office of Strategic
Planning that an amendment to the approved Urban Renewal Plan is
necessary to foster the redevelopment of the project area's Parcel F1,
located at 5 40 Swan Street; and
WHEREAS, the proposed amendment will change the Land Use
Plan for Parcel Fl, located at 540 Swan Street, from "Neighborhood
Commercial Use" to "Residential Use"; and
WHEREAS, the City Planning Board, upon conducting a public
hearing, approved the amendment to the Urban Renewal Plan at its
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01-1127ss1116.txt
Meeting of October 23, 2001 and did submit its unqualified
recommendations respecting said amendment to the Common
Council;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON
COUNCIL OF THE CITY OF BUFFALO:
1. That the proposed Amendment to the Ellicott Redevelopment
Project Urban Renewal Plan, as recommended by the Office of
Strategic Planning and as approved by the City Planning Board, be
and the same is hereby approved, and,
2. That the Urban Renewal Plan Amendment as herein approved has
been duly reviewed and conforms to the comprehensive plan for the
development of the municipality and the community as a whole, and is
hereby approved.
PASSED.
AYES-11. NOES-0.
NO. 117
MAIN-LASALLE REVITALIZATION PROJECT-PHASE II URBAN
RENEWAL PLAN
(ITEM NO. 20 C.C.P., NOV. 13, 2001)
That the above item be and the same is returned to the Common
Council without recommendation.
RECOMMENDED BY THE COMMITTEE ON LEGISLATION.
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 -Fred Heinle, Strategic Planning, Veron Stevens, Bonnie
Nelson, Daniel Adams, Sandra Berkman, Sheila Brown, Marcia
Thomas, Marrano Real Estate.
Opposed: Mike Schiavone, Attny., Mr. Brian Kimmins, Bflo. Transport,
Jim Ankinson, 73 LaSalle, James Rozanski, Winspear Ave.
Mrs. LoTempio now moved that the hearing be closed. Seconded by
Mrs. Grant
CARRIED.
Mrs. Gray moved that the above item be recommitted to the
Committee on Community Development.
ADOPTED
NO. 118
LAKEVIEW HOMES - HOPE VI REVISED REVITALIZATION PLAN
(ITEM NO. 66, C.C.P., OCT. 2, 2001)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mrs. LoTempio Moved:
That the above mentioned item be and the same is hereby
received and filed.
Adopted.
NO. 119
LAKEVIEW HOMES - HOPE VI REVISED REVITALIZATION PLAN
(BMHA)
(ITEM NO. 62, C.C.P., NOV. 13, 2001)
That the above item be, and the same hereby is returned to
the Common Council without recommendation.
Mrs. LoTempio Moved:
That the Common Council approves Phase II of the
Revitalization Plan, including complete demolition of all 666 existing
Lakeview units.
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01-1127ss1116.txt
ADOPTED.
AYES-11. NOES-0.
NO. 120
A. KLEIN-EFFORTS TO IMPROVE BFLO'S WATERFRONT AREAS
(CCP# 110-JULY 24, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 121
FRIENDS OF BFLO, RIVER-COMMENTS-DRAFT LOC.
WATERFRONT REVITAL. PLAN
(CCP# 132-SEPT. 4, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 122
ESTABLISHING A SETBACK ON NEW WATERFRONT
DEVELOPMENTS
(ITEM NO. 198, C.C.P., SEPT. 18, 2001)
That the Common Council requests the Corporation
Counsel to file a report outlining the Council's powers, options and
opportunities to require a setback for any new developments on the
Buffalo waterfront, with particular attention to planned and proposed
housing and restaurant developments in the Erie Basin; and
That the Common Council hereby informs the Office of
Strategic Planning, the Department of Public Works and the
Department of Permits and Licenses of its intention to require an open
setback from the water's edge for all new projects along Buffalo's
waterfront, and requests these entities to negotiate such a setback
with input from
ADOPTED.
NO. 123
J. RICCIONE-BNRC PERSONAL SERVICES CONTRACTS
(CCP# 101 -MAY 29, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 124
S. HOYT-NEIGH. ECO. IMPACT ANALYSIS STUDY-CHILDREN'S
HOSPITAL
(CCP#77-FEB. 20, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 125
A. BADDING-KALEIDA HEALTH-S. HOYT-NEIGH. EC. IMPACT
ANAL. STUDY-CHILD. HOS.
(CCP#85-APR. 17, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 126
P. CALDIERO-HELIPAD FOR CHILDREN'S HOSPITAL
(CCP#130-SEPT. 4, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
EDUCATION
(CHARLEY H. FISHER, III, CHAIRMAN)
NO. 127
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B. MILLER-WILLIAMS-G. HUBBARD-UNAV. TRANSP.-KING
URBAN CH. SCH.
(CCP#101-APR. 17, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 128
RE-NAMING OF ALL HIGH STADIUM
(ITEM NO. 172, C.C.P., OCT. 16, 2001)
That to honor such a deserving person the name of All High
Stadium located behind Bennett High School be changed to Homer
Platt Stadium.
Adopted.
NO. 129
RE-NAMING OF ALL HIGH STADIUM (BD. ED.) (#69, 10/30)
(CCP#146-NOV. 13, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 130
ADELPHIA PARTNERSHIP REPORT (BD. ED.)
(CCP#67-OCT. 30, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
SPECIAL COMMITTEES
BUDGET COMMITTEE
(ROSEMARIE LOTEMPIO, CHAIRPERSON)
NO. 131
REQ. AUTHORIZATION-CLOSE FIRE CO. ON ROTATING BASIS
(MAYOR)
(CCP#3-OCT. 2, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 132
FIRE CO. ROTATION, RESP. STUDY-#37, DAILY MNPWR. RPT.
2001-02 (FIRE)
(CCP#40-OCT. 16, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 133
FIRE CO. ROTATION (FIRE)
(CCP#61- 10/30/01
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 134
FIRE CO. ROTATION- 10/19-10/25/01 (FIRE)
(CCP#45-NOV. 13, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 135
FIRE CO. ROTATION- 10/26-11/1/01 (FIRE)
(CCP#46-NOV. 13, 01)
That the above item be and the same hereby is received and filed.
Page 39
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ADOPTED
NO. 136
PROV. TAX RELIEF-PURCHASERS (COMPT.)
(CCP#31 -SEPT. 19, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 137
PERSONAL LIABILITY FOR UNPAID TAXES (LAW)
(CCP#50-NOV. 13, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 138
PERMISSION TO HIRE ARCHITECT - BROADWAY MARKET
RENOVATIONS
(ITEM NO. 44, C.C.P., OCT. 2, 2001)
That the Commissioner of Public Works, Parks and Streets
be, and he hereby is authorized to engage the services of an
architectural/engineering consultant to develop plans and receive bids
for the Broadway Market Renovations. Funds are available in an
existing Broadway Market Capital Project Account and the new Capital
Project Account for this purpose.
PASSED.
AYES-11. NOES-0.
NO. 139
A.F.S.C.M.E LOC. #264-CONCERNS-197 BROADWAY (#27, 1/23)
(CP)
(CCP#96-OCT. 16, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 140
BROADWAY GARAGE (PW) (01, 3/6)
(CCP#97-OCT. 16, 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. 141
BFLO. EQ. OPP. MIN., WOM., SM./LOC. BUS. ENTER. EMERG.
ACT-2001
(CCP453-JULY 10, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 142
DET. STATE INT.-EST. MBE/WBE PART. REQ. ON CAP. BOND
PROJ.
(CCP#151-NOV. 30, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
NO. 143
DET. STATE INT.-EST. MBE/WBE PART. REQ. ON CAP. BOND
PROJ. (LAW)
(CCP#44-DEC. 14, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
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NO. 144
MWBE PARTICIPATION ON CITY OF BUFFALO CONTRACTS
(LAW)
(ITEM NO. 53, C.C.P., MAY 15, 200 1)
Mr. Fisher moved that the above item be recommitted to the
Minority Business Enterprise Committee.
ADOPTED
NO. 145
B. AFRIKA, COMM. VOICE ORG. -CREAT/AFR. AM. BUS. OPP.
PROG. (#208, 9/19)(466, 6/13)
(CCP#153-OCT. 3, 01)
That the above item be and the same hereby is received and filed.
ADOPTED
RESOLUTIONS
NO. 146
BY MR. BONIFACIO
APPOINTMENT OF LEGISLATIVE AIDE
Whereas: Peter J. Savage, 111. Is presently working as a
Legislative Assistant in the Niagara District; and
Now, Therefore, Be It Resolved:
That Peter J. Savage, 111. Be appointed to the position of Legislative
Aide effective November 26, 2001.
ADOPTED
NO. 147
BY: MR. COPPOLA
CUTS TO OLMSTED SCHOOLS
Whereas: The Buffalo Board of Education has announced
budgetary cuts that will have a direct impact on the Olmsted School
system and programs offered therein; and
Whereas: Olmsted schools offer unique learning opportunities to
children within the Buffalo Public School system; and
Whereas: Many parents' decisions to send their children to Buffalo
Public Schools, as well as, reside in the City of Buffalo, are directly
related to the opportunities offered by the Olmsted Schools; and
Whereas: Significant cuts to programs offered through the Olmsted
Schools will surely have a negative effect on a parent's decision to
send their children to Buffalo Public Schools, as well as, reside in the
city; and
Whereas: Any further reduction in student enrollment to the district
could be even more detrimental to the Board of Education budget, as
is being realized with the losses attributed with the establishment of
Charter schools; and
Whereas: Any decrease in educational opportunities in the Buffalo
public education system, inside or outside of the Olmsted system, will
surely have a negative effect on the city's population, as it pertains to
retaining and/or gaining residents; and
Whereas: Faced with its own budgetary shortfalls, the Council fully
understands the Board of Education's dilemma; and
Whereas: The Council further understands and recognizes the
autonomy of the Board of Education from the City, as well as, its
authority under state law to manage its own affairs; and
Whereas: The fact that actions taken by the Board of Education can
have implications beyond Educational, such actions should be shared
and discussed with the City prior to implementation; and
Whereas: In such trying fiscal times, as the City and Board of
Education are experiencing currently and will be in the future, all
necessary attempts should be made to work together to mitigate
associated effects.
Now, Therefore, Be It Resolved:
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01-1127ss1116.txt
That the Common Council requests the School Superintendent and
any available School Board Members to attend the Council's
Committee on Education on Wednesday, December 5, 2001, at 2:00
PM in room 1417 to discuss the above mentioned cuts, and
Be It Further Resolved:
That copies of this resolution shall be sent to the School
Superintendent, all School Board Members, the Mayor, and the
Comptroller.
REFERRED TOTHE COMMITTEE ON EDUCATION,
SUPERINTDENT OF SCHOOLS AND ADOPT FINAL RESOLVE
NO. 148
BY: MS. ELLINGTON AND MR. PITTS
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM 100
WOLTZ
Whereas: On September 18, 2001, the City of Buffalo Office of
Strategic Planning, Division of Real Estate relayed to the Common
Council that they had surveyed the city owned vacant lot at 100 Woltz
Avenue, Buffalo, NY 14212; and
Whereas: From this survey, the Office of Strategic Planning, Division
of Real Estate has determined that the parcel is inappropriate for the
construction of new housing and it is not needed for public purpose;
and
Whereas: Mr. Allen Knight, III, the resident at 102 Woltz Avenue, has
indicated that he will clean, improve, and maintain the lot if he is to
obtain title to the property under the Urban Homestead Program; and
Whereas: The Division of Inspections and the Division of Collections
has indicated that there are no property code violations, taxes, or other
liens owed to the City of Buffalo by the homesteader; and
Whereas: With these findings, the Office of Strategic Planning,
Division of Real Estate recommends that the city-owned vacant lot,
located at 100 Woltz Avenue, be designated a Homestead Property
and be transferred to Mr. Allen Knight with the condition that the
property is cleared and improved with in six months and maintained in
a sanitary manner;
Therefore, Be It Resolved:
That the Common Council of the City of Buffalo does hereby concur
with the Office of Strategic Planning, Division of Real Estate's
recommendation that the city-owned vacant lot, located at 100 Woltz
Avenue, be designated a Homestead Property; and
Be It Further Resolved:
That under the Urban Homestead Program, the title to the property
located at 100 Woltz, be available for transfer to Mr. Allen Knight, of
102 Woltz Avenue, with the condition that the property at 100 Woltz
Avenue be cleared and improved with in six months of the transfer and
be further maintained in a sanitary manner.
PASSED
AYES -11 NOES - 0
NO. 149
BY: MR. FONTANA
SPORTS THEME CASINO AT MEMORIAL AUDITORIUM
Whereas: With 3 potential casino's coming to Western New York it's
time to consider possible sites for the downtown casino; and
Whereas: Potential Buffalo casino sites include the Convention
Center, the Statler Building site, a waterfront location, the New York
Central Terminal location and Buffalo Memorial Auditorium; and
Whereas: Of those potential sites one offers the potential to
differentiate our casino from the other proposed and existing casino's
in the region; and
Whereas: That one proposed site would be a sports theme casino
located at the Buffalo Memorial Auditorium; and
Whereas: The vacant Auditorium would be conducive to a two or three
Page 42
01-1127ss1116.txt
floor casino with a sporting theme to help draw visitors to our area; and
Whereas: Out of all the potential casino sites only the Auditorium
would offer such a draw to downtown Buffalo; and
Whereas: The casino along with the proposed Amtrak Rail Station
would compliment each other and offer transportation to the casino;
and
Whereas: The City currently owns the Auditorium therefore there
would not be an impact on our tax base as proposed with other sites;
and
Now, Therefore, Be It Resolved: That the Buffalo Common Council go
on record in support of Buffalo's Memorial Auditorium as a potential
site for Buffalo's proposed new casino; and
Therefore Be it Finally Resolved: That copies of this resolution be sent
to Governor George Pataki and the Media.
ADOPTED
NO. 150
BY: MR. FONTANA, MRS. LO TEMPIO, MR. PITTS, MR. COPPOLA,
MR. THOMPSON, MR.
GOLOMBECK, MR. BONIFACIO, MRS. GRANT, MR. FISHER ERIE
COUNTY-WIDE PURCHASING
Whereas: Currently, the purchasing of items associated with the
operation of local governments are bought through various
departments in city, town and county government; and
Whereas: Joint purchasing power has been implemented in some
areas of our region but has not been a widespread practice; and
Whereas: The joint pooling of purchasing can save on the cost of
items by increasing our purchasing power, and the cost of the
personnel associated with the performance of purchasing duties; and
Whereas: One of the main goals of regionalism is to implement
policies that save money for taxpayers in a specified region; and
Whereas: In this aspect of regionalism the Common Council would be
asking "who does what-best" and would look to explore the feasibility
of a joint city county venture that creates one purchasing department
for city and county needs; and
Therefore Be It Resolved: That the Buffalo Common Council go on
record to support the exploration of a joint City-County purchasing
department; and
Therefore be it fiscally resolved: That certified copies of this resolution
be sent to County Executive Joel A. Giambra, the Erie County
Legislature, BMHA, Director Sharon West, and the Buffalo Board of
Education.
REFERRED TO THE SPECIAL COMMITTEE ON REGINAL
GOVERNANCE AND ADOPT FINAL RESOLVE
NO. 151
BY: MR. GOLOMBEK
MOVE BOARD OF EDUCATION ELECTIONS
Whereas: The current fiscal status of the City of Buffalo is a clear
indicator that the State of New York must work with the City of Buffalo
to eliminate or lessen the financial impact of non-funded state
mandates, and
Whereas: Article 52, Section 2553, subdivision 10 of the New York
Education Law mandates that the election of the members of the
Board of Education of the city school district of the City of Buffalo be
held on the first Tuesday in May in the appropriate years, and
Whereas: In the most recent Board elections, the turnouts have been
less than ten percent of the eligible voters, and
Whereas: The Board of Elections estimates show that the election
cost the city over $15.00 per participating voter, and
Whereas: It is readily apparent that the high expenses and poor voter
turnout associated with the May School Board elections make it
advisable to move these elections to coincide with the November
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01-1127ss1116.txt
general elections
Now, Therefore, Be It Resolved:
That this Common Council memorializes the New York State
Legislature to amend the New York State Education Law to allow for
members of the Buffalo Board of Education to be elected at the
November general elections, and
Be It Further Resolved:
That the City Clerk certify the passage of this resolution and forward
copies to the Secretary of the New York State Senate, the Clerk of the
Assembly, the members to the Western New York delegation of the
New York State Legislature, and to the City of Buffalo Board of
Education.
ADOPTED
AYES - BONAFACIO, COPPOLA, ELLINGTON, FISHER, FONTANA,
GOLOMBEK, GRANT, LOTEMPIO, MARTINO, THOMPSON -10
NOES - PITTS - 1
NO. 152
BY: MRS. LOTEMPIO, MR. PITTS, MR. FISHER, MS. GRAY, MR.
BONIFACIO, MR. COPPOLA, MS. ELLINGTON,
MR. FONTANA, MR. GOLOMBEK, MS. GRANT, MRS.
MARTINO, MR. THOMPSON, MRS. MILLER-WILLIAMS
RE: CONSOLIDATION OF CITY/COUNTY SERVICES
Whereas: The notion of the consolidation of City/County Service is not
new; in fact the City and County has discussed the issue for a number
of years, as far back as 1996; and
Whereas: There have been several resolutions written by this Council
requesting Erie County to consider the takeover of Items such as the
Central Booking/Lockup/Prisoner Transportation Functions, The
Transfer of City Parkland to the County of Erie, County takeover of
Dunn Tire Park, and the issue of the County reimbursement
for the maintenance of City Roads, and
Whereas: Due to the City's significant population decline, discussions
with the County need to resume to consider the consolidation of
feasible City/County functions; and
Whereas: Recently, the County Executive has publicly discussed
Plans for the consolidation of the Buffalo Police Department with the
Erie County Sheriff Department; and
Whereas: To date, the Common Council has not received any
information on any new proposal to consolidate City/County Services;
Now, Therefore, Be It Resolved That:
This Common Council requests the Eric County Executive to file with
this Council a list of recommended consolidations between the City
and County to be examined to determine if they are feasible; and
Be It Further Resolved That:
This report be filed no later than 2:00 PM, Thursday, December 6,
2001.
ADOPT FINAL RESOLVE AND THE REMAINDER TO THE
COMMITTEE ON REGIONAL GOVERNANCE
NO. 153
BY: MRS. LOTEMPIO
EXCUSE COUNCILMEMBER MILLER-WILLIAMS FROM COUNCIL
MEETING.
Whereas: Councilmember Barbara A. Miller-Williams will be unable to
attend the Council meeting on Tuesday, November 27, 2001,
Now, Therefore, Be It Resolved:
That the Common Council excuses Councilmember Barbara A.
Miller-Williams from attending the November 27, 2001, Common
Council meeting.
ADOPTED
NO. 154
Page 44
01-1127ss1116.txt
BY: MRS. LOTEMPIO
EXCUSE COUNCILMEMBER GRAY FROM COUNCIL MEETING.
Whereas: Councilmember Beverly Gray will be unable to attend the
Council meeting on Tuesday, November 27, 2001,
Now, Therefore, Be It Resolved:
That the Common Council excuses Councilmember Beverly Gray from
attending the November 27, 2001, Common Council meeting.
ADOPTED
NO. 155
BY: MRS. LOTEMPIO
INDEMNIFICATION OF THE BOARD OF EDUCATION AND
ACCEPTANCE OF FUNDS FOR THE LIGHTED SCHOOLHOUSE
PROGRAMS
Whereas: Contract Administration, located in the Department of
Community Services will conduct the Lighted Schoolhouse Program in
2001-2002;and
Whereas: Approval of the program must be authorized by the
Common Council for each location; and
Whereas: The Lighted Schoolhouse Program continues to be of great
benefit to the citizens of Buffalo at the following facilities: Clark gym,
FLARE, Friends to the Elderly, Humboldt YMCA, Waterfront,
School 18, 37, 38, 40, 43, 45, 54, 56, 81, Build Academy,
Seneca/Babcock B&G Club, Riverside, First Ward Community
Center, Southside, McKinley, Riverside, Dulski Community Center,
Refuge Temple, Valley Community Center, Bailey-Delavan
Community Center, Delavan-Grider Center and NICYO; and
Whereas: The Common Council must accept, on behalf of the City of
Buffalo, the funds allocated by the Buffalo Urban Renewal Agency as
follows: $295,000 for programmatic costs for the Lighted Schoolhouse
Program.
Now Therefore Be It Resolved:
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
Be It Further Resolved:
That the City of Buffalo, NY, hereby agrees to indemnify and hold
harmless the Board of Education of the City School Districts of the City
of Buffalo, NY, for claims arising from the conduct of such Lighted
Schoolhouse programs undertaken with prior approval and
authorization of the Common Council; and
Be It Finally Resolved:
That the Common Council accepts funds allocated by the Buffalo
Urban Renewal Agency as follows: $295,000 for programmatic costs.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 156
BY: ROSEMARIE LOTEMPIO
TRI-PARTY AGREEMENT
Whereas: The City of Buffalo manages property acquired through
In-Rem sales and shares the income and expenses with Erie County
and the Buffalo Sewer Authority pursuant to the TRI-PARTY
Agreement initiated August 27, 1985; and
Whereas: The most recent agreement expired on May 20, 1989, and
although there has been an effort to initiate a new agreement, such
efforts never resulted in a new agreement; and
Whereas: Consequently, the Department of Audit and Control has
continued to account for matter as is the last agreement was still in
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01-1127ss1116.txt
effect; and
Whereas: Since the mid-1 980's, Erie County and the Buffalo Sewer
Authority have a liability to the City; and
Whereas: In a report dated September 1, 1995, from the Department
of Audit and Control amounts shown as owing to the City by Erie
County and the Buffalo Sewer Authority had risen to $341,172.82 and
$54,446.92 respectively;
Now Therefore Be It Resolved:
That this honorable body request the Corporation Counsel to draft a
revised TRI-PARTY Agreement to be implemented as soon as
possible; and
Be It Further Resolved:
That the Department of Audit and Control respond with an update of
the amount owing to the City of Buffalo; and
Be It Further Resolved:
That the Departments of Audit and Control and the Administration and
Finance respond to this honorable body discussing the feasibility of
implementing this agreement; and
Be It Finally Resolved:
That certified copy of this resolution is sent to the Erie County
Executive and Buffalo Sewer Authority.
ADOPT FINAL RESOLVE, THE REMAINDER TO THE COMMITTEE
ON BUDGET, THE CORPORATION COUNSEL, THE
COMPTROLLER AND THE COMMISSIONER OF ADMINISTRATION
AND FINANCE
NO. 157
BY: MR. PITTS
DISCHARGE FROM THE FINANCE COMMITTEE - ITEM
NO. 105, OCT. 16, 2001 -"JOHNNIE B. WILEY SPTS. PAV. -
REQUEST
LEASE-BD. OF DIR./COB"
Whereas: Item No. 105, Oct. 16, 200 1 -"Johnnie B. Wiley Spts.
Pav. - Request Lease-Bd. of Dir./COB" is presently before the
Committee on Finance; 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
Finance from further consideration of item No, 105, Oct. 16, 2001-
"Johnnie B. Wiley Spts. Pav. - Request Lease-Bd. of Dir./COB", and
said item is now before the Council.
CARRIED
Mrs. LoTempio moved:
That the above item be and hereby is approved
PASSED
AYES -11 NOES - 0
NO. 158
BY MR. THOMPSON
ESTABLISH MWBE GOALS ON VARIOUS MASTEN PROJECTS
Whereas The Common Council and the Mayor of the City of Buffalo
have worked together to enhance and stimulate opportunities for
minority and women entrepreneurs on city projects; and
Whereas-. The City of Buffalo is in the process of conducting a
disparity study to determine the extent of economic inequities in
contracting, legal services, housing, etc.; and
Whereas: There are numerous small, mid-size, and recurring
procurement and development opportunities in the City of Buffalo; and
Whereas: In June 2001, the Common Council adopted a 30% MWBE
goal for all city projects and the Commissioner of the Department
Public Works, Parks, and Street Sanitation, and the Buffalo
Neighborhood Revitalization Corporation have agreed to support these
Page 46
01-1127ss1116.txt
goals; and
Whereas: It is crucial that bid documents state the Minority and
Women Business Enterprise goal of 30% and that plan to reach these
goals be presented at or prior to the pre construction meeting. In
addition, it is crucial that project managers on city projects understand
the importance of reach these goals;
Now, Therefore, Be It Resolved:
That all City of Buffalo, Buffalo Neighborhood Revitalization
Corporation, Buffalo Sewer Authority, Buffalo Urban Renewal Agency,
and Buffalo Economic Renaissance Corporation projects located
within the Masten District have minority business enterprise goal of
25% and women business goal of 5%, and that all formal and informal
bid proposals, request for proposals, and contract papers/documents
explicitly state these goals.
REFERRED TO THE MINORITY BUSINESS ENTERPRISE
COMMITTEE
NO. 159
BY. MR. THOMPSON
EXPLORE THE TRANSFER OF VARIOUS REGIONAL ASSETS TO
ERIE COUNTY GOVERNMENT
Whereas: The city owns numerous buildings that provide cultural
awareness and enrichment for residents of Buffalo and Erie County;
and
Whereas: These buildings and the respective programs that are
offered in them receive inmany instances in-kind services, financial
support for operating expenses, and building/capital improvement
support from the City of Buffalo; and
Whereas: Our cultural buildings are significant to the social and
economic fabric of Buffalo. Also the ability to maintain these facilities
has become more difficult; and
Whereas: Our efforts to receive a portion of the 1% sales tax has not
been successful. We should and must continue to pursue our share of
revenue paid by city residents to Erie County government. Meanwhile,
efforts to explore additional partnerships with Erie County that will
protect Buffalo without reducing our dependence on them should
continue; and
Whereas: The Regional Governance Committee, the Department of
Public Works, Parks, Street Sanitation, the Office of the City
Comptroller, the Buffalo Arts Commission and the Erie County
Legislature should work together to examine how much money the
City of Buffalo is investing in arts and cultural institutions located in the
City of Buffalo to determine how Erie County government can further
protect these major regional assets; and
Now, Therefore, Be It Resolved:
That the Common Council requests that the City Comptroller and the
Commissioner of the Department of Public Works, Parks, and Street
Sanitation to identify the amount of funds currently allocated to arts
and cultural agencies located in City of Buffalo buildings, the
outstanding debt service on all buildings that house arts and cultural
agencies, and how much capital dollars have been appropriated for
city arts and cultural facilities over the last ten years; and
Be it Finally Resolved:
That the Regional Governance Committee work with various city
department leaders and Erie County government officials to examine
where ownership of certain city cultural facilities would be best suited
by the county and wherein shared costs by both governments might be
a better option.
ADOPT FINAL RESOLVE THE REMAINDER TO THE COMMITTEE
ON FINANCE
AYES - BONAFACIO, COPPOLA, ELLINGTON, FISHER, FONTANA,
GOLOMBEK, GRANT, MARTINO, THOMPSON -9 NOES -
LOTEMPIO , PITTS - 2
Page 47
01-1127ss1116.txt
NO. 160
BY MR. THOMPSON
REQUEST REVIEW OF BURA, FEDERAL PROGRAMS, AND CBDG
FUNDING & PROCEDURES
Whereas: The city is experiencing its first major fiscal crisis of the
21' Century. The City of Buffalo, the Buffalo of Education, and related
agencies are positioned to layoff or terminate more than 600 workers.
Senior and youth counselors, social workers, attendance teachers,
guidance counselors, cultural, economic development and housing
initiatives have all been impacted by the current financial crisis; and
Whereas: It is crucial to the grow of Buffalo that we maximize our
efforts to COMBATPOVERTY by way of sharpening our efforts to
stabilize families and neighborhoods through substantially improving
our educational, human, career and economic development
investments in Buffalo; and
Whereas: The City of Buffalo, its related agencies, and many not for
profits receive federal and state dollars based on poverty in Buffalo yet
the problems associated with poverty continue to grow, and
Whereas: Currently the City of Buffalo and its related agencies utilizes
CDBG and other antipoverty funds to employ more than 100 people -
and
Whereas: It is extremely difficult to measure the effectiveness of
programs and initiatives, in addition, to move funds and projects
through the current bureaucratic process;
Now, Therefore, Be It Resolved:
That the Committee on Community Development enhance its efforts to
review the CDBG program with 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
Be it Further Resolved:
That the Buffalo Urban Renewal Agency (BURA) 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
Be it Further Resolved:
That the Buffalo Urban Renewal Agency and the Financial Control of
Agencies forward to this common 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.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 161
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 Pastor Darius Pridgen
By Councilmember Beverly Gray, Antoine Thompson, Pres. Pitts
Felicitation for Ranney Albert Dozier
By Councilmember Pres. Pitts, Karen Ellington
ADOPTED.
NO. 162
BY: BARBARA A. WILLIAMS
APPOINTMENTS
COMMISSIONER OF DEEDS
REQUIRED FOR THE PROPER PERFORMANCE OF PUBLIC
DUTIES
Page 48
01-1127ss1116.txt
That the following' persons are hereby appointed as Commissioner
of Deeds for the' term ending, December 31, 2002 Conditional-upon
the persons so appointed. certifying under' oath to their qualifications
and filing same with the City
SHEILA TORRES
DOMENIC ALONGI
ADOPTED
NO. 163
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 4, 2001 at 9:30
o'clock A.M.
Committee on Finance Tuesday, December 4, 2001 following Civil
Service
Committee on Legislation Tuesday, December 4, 2001 at 2:00 o'clock
P.M.
Committee on Comm. Dev Wednesday, December 5, 2001 at 10:00
o'clock A.M.
Committee on Education Wednesday, December 5, 2001 at 2:00
o'clock
Special Committees
Budget Committee Thursday, November 29, 2001 at 10:00 o'clock
A.M. in Room 1417 City Hall.
Green Gold Initiative Friday, November 30, 2001 at 2:00 o'clock P.M.
in Room 1417 City Hall.
Informal Luncheon & Presentation by IAFF Local #282 has been
rescheduled for Wednesday, December 5, 2001 in Room 1417 City
Hall at 12:00 Noon. The original event for Thursday, November 28,
2001 has been cancelled.
(Public Disclaimer): All meetings are subject to change and
cancellation by the respective Chairmen of Council Committees. In the
event that there is sufficient time given for notification, it will be
provided. In addition, there ma)~ b meetings set up whereby the City
Clerk's Office is not made aware-, therefore, unless we receive notice
from the respective Chairmen, we can only make notification of what
we are made aware.
NO. 164
ADJOURNMENT
On a motion by Mrs. LoTempio, Seconded by Mr. Bonafacio the
Council adjourned at 4:56 pm
CHARLES L. MICHAUX, III
CITY CLERK
NO. 1
CALL FOR SPECIAL SESSION
Dear Mr. Michaux:
Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon
the written request of Five Councilmembers, dated November 15,
2001, presented to you herewith, I hereby call a Special Meeting of the
Common Council, to be held in the Council Chambers, City Hall,
Buffalo, New York, on, November 16, 2001, at 2:00 P.M., for the
following purposes:
To receive and take appropriate action on items pertaining to:
1. Authorization Continue Temporary Closing Fire Companies on
Rotating Basis
TO EACH MEMBER OF THE COMMON COUNCIL:
YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the
Page 49
01-1127ss1116.txt
Charter of the City of Buffalo, upon the written request of seven
Councilmembers, dated November 15, 2001, JAMES W. PITTS,
President of the Common Council, has called a Special Meeting of the
Common Council, to be held in room 1417 City Hall, Buffalo, New
York, on November 16 2001 at 2: 00 P.M. for the following purpose:
To receive and take appropriate action on
Continue Temporary Closing Fire Companies on Rotating Basis
November 15, 2001
Hon. James W. Pitts
President Common Council
1315 City hall
Buffalo, New York
Dear Sir:
WE, the undersigned, members of the Common Council, hereby
request that you call a Special Meeting of the Common Council,
pursuant to Section 30 of the Charter of the City of Buffalo, for the
following purpose:
2:00 P.M.
To receive and take appropriate action on
1. Authorization Continue Temporary Closing Fire Companies
Rotating Basis
We request that this Special Meeting be held on November 16, 2001
at 2:00 pm
Richard Fontana
Joseph Golombek
Rosemarie LoTempio
Mary Martino
Marc Coppola
Dominic Bonafacio
Betty Jean Grant
Pursuant to Rule 2 of the Rules of Order of the Common Council of
the City of Buffalo, each of the following named members of the
Common Council, to wit:
DOMINIC BONTACIO
KAREN ELLINGTON
RICHARD FONTANA
BETTY JEAN GRANT
ROSEMARIE LOTEMPTO
ANTOINE THOMPSON
MARC COPPOLA
CHARLEY FISHER III
JOSEPH GOLOMBEK
BEVERLY GRAY
MARY MARTINO
BARBARA MILLER-WILLIAMS
hereby agrees that twenty-four (24) hours' notice be waived of the time
and purpose of the Special Meeting of the Common Council duly
called to be held on Friday, November 16, 2001 at 2: 00 P.M.
Carolyn Blackman for Charley Fisher
Jacqueline White for Beverly Gray
Richard Fontana
Demone Smith for Antoinne Thompson
Irma Lorenzo for Barbara Miller-Williams
Gail Aiken for Joseph Golombek
Rosemarie LoTempio
Mary Martino
Marc Coppola
Bob Brown for Karen Ellington
Dominic Bonafacio
Betty Jean Grant
STATE OF NEW YORK
COUNTY OF ERIE) ss:
Page 50
01-1127ss1116.txt
CITY OF BUFFALO)
On this 15th day of November 2001, before me, the subscribers,
personally appeared
Carolyn Blackman for Charley Fisher
Jacqueline White for Beverly Gray
Richard Fontana
Demone Smith for Antoinne Thompson
Irma Lorenzo for Barbara Miller-Williams
Gail Aiken for Joseph Golombek
Rosemarie LoTempio
Mary Martino
Marc Coppola
Bob Brown for Karen Ellington
Dominic Bonafacio
Betty Jean Grant
Carol Nowak
Commissioner of Deeds, in and for the City of Buffalo, N.Y.
My Commission expires 12/31/02
RECEIVED AND FILED
NO. 2
BY: MR. PITTS
AUTHORIZATION TO EXTEND THE TEMPORARY ROTATION
AND CLOSING OF FIRE COMPANIES
WHEREAS: On October 5, 2001 the Common Council authorized
the temporary closing and rotation of fire companies until November
21, 2001. This action was taken pursuant to a request by the Fire
Commissioner to help reduce rising overtime costs, which are
occurring primarily due to the City's inability to hire 50 additional
firefighters. Currently, a lawsuit in Federal court has prevented the
hiring of the additional firefighters; and
WHEREAS: The Common Council's action was also taken to avoid
laying off firefighters, even though the City of Buffalo's current fiscal
crisis demands steep cuts in expenses; and
WHEREAS: Because the Common Council did not want its action to
close any firehouses, the Commissioner of Fire was required to submit
a schedule of fire companies to be rotated. Adherence to this schedule
would ensure the flexibility needed to reassign manpower to maintain
adequate fire protection city-wide; and
WHEREAS: The Commissioner of Fire is required to rile weekly
reports showing response times associated with this action to the
Common Council and Firefighters Union. These reports have been
reviewed by the Commissioner of Fire and Common Council and
response times have been average; and
WHEREAS: The Common Council agreed to reconsider its
authorization to rotate fire companies by November 21, 2001. This
reconsideration would be based upon whether there has been any
substantial loss of fire protection to citizens or endangerment to the
health and safety of firefighters; and
WHEREAS: Based upon a review with the Commissioner of Fire, the
Common Council's authorization to rotate fire companies has not
resulted in any appreciable loss of fire protection to the City of Buffalo.
NOW THEREFORE BE IT RESOLVED THAT: The Common Council
approves an extension of its original authorization to allow for the
temporary closing and rotation of fire companies.
BE IT FURTHER RESOLVED THAT: This authorization is to June 30,
2001 pursuant to a new request on November 15, 2001 by Deputy
Commissioner of Fire Calvin Worthy, subject to all of the existing
conditions established by the Common Council.
FINALLY BE IT RESOLVED THAT: The Common Council will hold
Hearings in January and April of 2002 to review and if necessary
reconsider its authorization to June 30, 2002.
Page 51
01-1127ss1116.txt
AUTHORIZATION TO CONTINUE TEMPORARY CLOSINGS OF
FIRE COMPANIES ON A ROTATING BASIS
At a Special session of the Common Council on October 5, 2001,
your Honorable Body approved Item #2, a proposal to close up to two
(2) fire companies daily on a rotating basis pursuant to a schedule
prepared by this office. The proposal granted authorization to rotate
closings until November 21, 2001.
We respectfully request that the Common Council authorize the Fire
Department to continue closing up to two (2) fire companies from
November 21, 2001 until the end of the fiscal year June 30, 2002.
The Fire Department will continue to provide response time
information to show the effects of the temporary closings, manpower
reports and any other reports or information requested.
Listed are companies that will be closed on a rotating basis when
manpower dictates:
COMPANYPTL.1ST ROTATION2" R 0 TA TION
E36 - L21st11/22 - 11/2512/24 - 12/27
E37-L52 nd11/24 - 11/2712/26 - 12/29
El - L143 rd11/26 - 11/2912/28 - 12/31
E2-L154 th11/28-12/112/30-1/2
E10-L71st11/30-12/3
L16-L42 nd12/2-12/5
E19 - L63 rd12/4-12/7
E21 - L54 th12/6-12/9
E22 - L21st12/8-12/11
E24 - L92 nd12/10 - 12/13
E25 - L63 rd12/12 - 12/15
ER - L44 th12/14 - 12/17
E32 - L141st12/16 - 12/19
E33 - L152 nd12/18 - 12/21
E34 - L93 rd12/20 - 12/23
E35 - L74 th12/22 - 12/25
Mrs. LoTempio moved:
That the above communication from the Commissioner of Fire dated
November 15, 2001, be received and filed; and
That pursuant to Section 14-11 of the Charter of the City of Buffalo,
effective November 21, 2001 until June 30, 2002, the Commissioner of
Fire, be, and he hereby is authorized to close Engine and Ladder
companies on a rotating basis when manpower dictates. No more than
two companies shall close per day. The companies which may close
are those listed in the attached communication. During this period, the
Commissioner shall regularly report to the Council as to the effect of
these closings on response times within the City of Buffalo. In January
2002, the Council will engage in a full review of the closings.
PASSED
BONAFACIO. COPPOLA, ELLINGTON, FISHER, FONTANA,
GOLOMBEK, LOTEMPIO, PITTS - 8
NOES - GRANT, MARTINO - 2
NO. 3
ADJOURNMENT
AT 2:45 0P.M., Mrs. LoTempio moved to Adjourn.
Seconded by Mr. Bonafacio
ADOPTED.
Board of Police and Fire Pension Proceedings #10 Mayor's Office-201
City Hall November 29, 2001
Present: Anthony M. Masiello, Mayor; James W. Pitts, Council
President, Anne Forti-Sciarrino, Deputy Comptroller-3
The Journal of the last meeting was approved.
NO. 1
I transmit herewith the Pension Payroll for the Fire Pension Fund for
Page 52
01-1127ss1116.txt
the month of November 2001 amounting to $16,355.69 and
respectfully request that checks be drawn to the order of the persons
named herein for the amounts stated.
Adopted
Ayes-3. Noes-0.
NO. 2
I transmit herewith the Pension Payroll for the Police Pension Fund for
the month of November 2001 amounting to $17,422.00 and
respectfully request that checks be drawn to the order of the persons
named herein for the amounts stated.
Adopted.
Ayes-3. Noes-0.
NO. 3
On motion by Mrs. Sciarrino, the City of Buffalo Police and Fire
Pension Board Meeting adjourned at 11:10 a.m.
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