HomeMy WebLinkAbout01-0529-ss0522
01-0529-ss0522.txt
No. 10
COMMON COUNCIL
PROCEEDINGS
OF THE
CITY OF BUFFALO
MAY 29, 2001
SPECIAL SESSION
MAY 22, 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 LoTempio
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
ANTONIE 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, Betty Jean Grant, Richard Fontana and
Barbara Miller-Williams-Members
COMMUNITY DEVELOPMENT COMMITTEE: Beverly
Gray, Chairman, Joseph Golombek Jr., Rosemarie
LoTempio, Charley H. Fisher III, Antoine Thompson and
Karen Ellington-Members
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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, 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, MAY 29, 2001
AT 2:00 P.M.
PRESENT - James W. Pitts President of the Council, and
Council Members Bonifacio, Coppola, Ellington, Fisher, Fontana,
Golombek, Grant, Gray , LoTempio, Martino, Pitts, and
Thompson - 12
ABSENT -- Williams - 1
ON A MOTION BY MRS. LOTEMPIO, SECONDED BY MR.
FONTANA, THE MINUTES OF THE STATED MEETING HELD ON
MAY 15, 2001 WERE APPROVED.
FROM THE MAYOR
No. 1
Appointment of City Court Judge
Please be advised that I hereby appoint, through the laws of the
State of New York, Paul Volcy as City Court Judge for the City of
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Buffalo, effective immediately for a term to expire December 31, 2001.
This appointment is to fill the vacancy created by the retirement of
Hon. Raul Figueroa.
I hereby certify that based upon Mr. Volcy's education and
experience, he is fully qualified to fill the vacancy so stated.
RECEIVED ND FILED
No. 2
Re-appointmentof Members to the
Zoning Board of Appeals
Pursuant to the powers vested in me by Chapter 511, Section 121,
Article XXIV of Part 11 of the Code of the City of Buffalo, I hereby
re-appoint the following individuals as members of the Zoning Board of
Appeals. Their terms will expire March 11, 2004.
Rev. James Lewis 106 Rohr St Buffalo 14211
Joseph Pandolfino 203 Colvin Ave Buffalo 14216
I hereby certify that the above named individuals are fully qualified to
serve as members of the Zoning Board of Appeals.
REFERRED TO TNE COMMITTEE ON LEGISLATION,
CORPORATION COUNSEL, COLLECTIONS AND THE
COMPTROLLER
NO. 3
Reappointment of Members to the
Home Improvement Advisory Board
Pursuant to the powers vested in me by Chapter 144-6 of the
Buffalo Code, I hereby reappoint the following individuals as members
of the Home Improvement Advisory Board for a term commencing
immediately and will expire January 2, 2004
REAPPOINTMENT:
Robert Krieger 81 Rebecca Park Buffalo, 14207
Kevin D. Klenk 293 Linwood Ave Buffalo, 14209
I hereby certify that the above named individuals are fully qualified to
serve as a members of the Home Improvement Advisory Board.
REFERRED TO THE GOMMTTTEE ON LEGISLATION,
CORPORATION COUNSEL, COLLECTIONS AND THE
COMPTROLLER
NO. 4
Re-appointment of Members to the
Buffalo Environmental Management Commission
Pursuant to the powers vested in me by Section 318.2 of the
Charter of the City of Buffalo, as amended, I hereby re-appoint the
following individuals as members of the Buffalo Environmental
Management Commission: for a term commencing immediately and
will expire February 16, 2003
Re-Appointment
Dr. John E. Vena 118 Leonard Buffalo, 14215
Cynthia A. Schwartz 833 Auburn Ave Buffalo, 14222
Margery A. Miller 296 Huntington Ave.Buffalo,14214
Bruce Coleman135 Buffum Street Buffalo, 14210
I hereby certify that the above named individuals are fully qualified for
appointment to the Buffalo Environmental Management Commission.
REFERRED TO THE COMMTTTEE ON LEGISTATION.
CORPORATION COUNSEL,,COLLECTIONS AND THE
COMPTROLLER
NO. 5
Re-Appointment of Member
to the Buffalo Board of Parking
Pursuant to the powers vested in me by Section 109R of the
Charter of the City of Buffalo, subject to confirmation by Your
Honorable Body, I hereby re-appoint the following individual to the
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Buffalo Board of Parking for a term commencing immediately and will
expire March 31, 2008.
REAPPT.
Michelle A. Mazzone 94 Pontiac Street Buffalo, 14206
I hereby certify that the above named individual is fully qualified for re-
appointment to the Buffalo Board of Parking.
REFERRED TO THE COMMITTEE ON LEGISLATION,
CORPORATION COUNSEL, COLLECTIONS AND THE
COMPTROLLER
NO. 6
Re-appointment of Member to the Examining
Board of Plumbers
Pursuant to the provisions of Section 40-A of Article 4 of the
General City Law of the State of New York and Section 311, Article 17
of the City Charter, I hereby reappoint of Dominic N. Macri, residing at
11 Dallas Street, Buffalo 14220, as a member of the Examining Board
of Plumbers for a term effective immediately and expiring December
31, 2003.
I hereby certify that the above named individual is fully qualified for re-
appointment to the Examining Board of Plumbers.
REFERRED TO THE COMMITTEE ON LEGISTATION,
CORPORATION COUNSEL, COLLECTTONS AND COMPTROLLER
NO. 7
Re-Appointment of Member to the
Pest Management Board
Pursuant to the powers vested in me by the Code of the City of
Buffalo, Chapter 6, Article V11, I hereby re-appoint James A. Smith,
residing at 178 Lancaster Avenue, Buffalo, New York 14222 for a term
commencing immediately and expiring February 16, 2003.
I hereby certify that the above named individual is fully qualified to
serve on the Pest Management Board.
REFERRED TO THE COMMITTEE ON LEGISLATION,
CORPORATION COUNSEL. COLLECTIONS AND THE
COMPTROLLER
NO. 8
Reappointment of Members to the
Elevator Safety Review Board
Pursuant to the powers vested in me by Chapter 167.3 of the
Buffalo Code, I hereby reappoint the following individuals to the
Elevator Review Board for a term commencing immediately and will
expire April 30, 2004.
Thomas Granville Gallagher Elevator 135 South Division Street
Buffalo, New York 14201
Donald H. Winkle Int. Union of Elevator Constructors-Local #4
3527 Harlem Road Buffalo, NY 14225
Peter L. Hall Schindler Elevator Company
227 Thorne Avenue Orchard Park, NY 14127
David G. Asmuth National Elevator Inspection Services
470-C Calm Lake Circle Rochester, NY 14612
John Lydon, R.A. 58 Chatham Avenue Buffalo, NY 14216
Frank L. Marks, Jr. 354 Sonwil Drive Buffalo, NY 14225
I hereby certify that the above named individuals are fully qualified to
serve as a members of the Elevator Safety Review Board.
RECEIVED AND FILED
FROM THE MAYOR - EXECUTIVE DEPARTMENT
FROM THE BUFFALO ARTS COMMISSION
No. 9
The 1901-2001: Community Transformation
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Project"
The Buffalo Arts Conmission has no objection to the installation of
the "Days Park Casting" by Ramsey Daham with the SLM sponosred
project referenced above. The Allentown Association has agreed to
maintain this piece which is to be located on the non-walking area of
the Allen St. sidewalk near a street light post and directly in-line with
the longitudinal axis of Day's Park.
RECEIVED AND FILED
No. 10
Pan Am Women's Pavilion
Women in the Arts Focus Group
Public Art Project
The Buffalo Arts Commission has no objection to the temporary
installation of artworks proposed by the Women's Pavilion Pan Am
2001, Inc.'s Women in the Arts Focus Group: Public Art Project to be
located on city property. The sponsor has arranged for future
maintenance of all the pieces through an agreement with Hallwalls.
The sponsor be referred to the Department of public Works, 133treets
and Parks for any permits or reviews by the city engineer necessary to
proceed.
RECEIVED AND FILED
NO. 11
Permission to contract for
Art in Public Places:
C District
B District
In compliance with City Code Ch. 409, Art. II, Sec. 409-2, the Buffalo
Arts Commission and the C District Police Station Art in Public Places
Committee requests permission to contract with:
Kenneth Payne 116 College St. Buffalo, NY 14201 for an amount not
to exceed $30,000 for all expenses related to creating a sculpted work
of art to be installed in the lobby of C District by no later than
November 1, 2001.
Also, the Buffalo Arts Commission and the B District Police Station Art
in Public Places Committee requests permission to contract wit
Andrew Reid 4495 Adams Ave. Miami Beach, FL 33140
for an amount not to exceed $40,000 for all expenses related to
creating a painted work of art to be installed in the lobby of
B District by no later than November 1, 2001.
Funds are available in the Department of Public Works, Streets and
Parks capital improvement accounts.
Over thirty proposals for each of the stations were submitted. The Arts
Commission and Chairs and members of the committees look forward
to addressing any questions your Honorable Body may have regarding
these projects.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 12
Vietnam Memorial Monument
The Buffalo Arts Commission has no objection to the request of the
Vietnam Veterans of America, Inc. Western New York Chapter 77
request to inscribe the name of Colonel Robert R. Dyczkowski on the
Vietnam Memorial Monument at Buffalo waterfront.
RECEIVED AND FILED
FROM THE CITY PLANNING BOARD
NO. 13
Benderson Development Corp.
1999 Elmwood Ave.
Accessory ground sign
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Item No. 106, C.C.P. 4/17/200l
The City Planning Board at its regular meeting held
Tuesday, May 22, 2001, considered the matter captioned above
pursuant to Section 387-19 of* the Buffalo Code, Application for
billboard, ground or pole sign permits.
The applicant seeks to erect an illuminated 81x3.51x6'
ground "IDII sign at 1999 Elmwood Avenue. The sign will provide
identification advertising space for two existing tenants at the rear of
the parcel. Under SEQR the proposed sign is considered an unlisted
action which may be studied through uncoordinated review.
The Planning Board voted to recommend approval of the
proposed accessory ground sign conditioned on the planting of
appropriate landscaping at the base of the sign.
RECEIVED AND FILED
NO. 14
Crowley St.
Residential parking overlay district
Item No. 151, C.C.P.5/15/2001
The City Planning Board at its regular meeting held Tuesday, May 22,
2001, considered the matter captioned above pursuant to Section
511-66 of the Buffalo Code, Residential parking overlay districts.
The residents of Crowley Street between Niagara and Tonawanda.
Streets have had difficulty parking on their street being adjacent to
Riverside Park. The creation of a parking overlay district will help
alleviate many parking concerns.
The Planning Board voted to recommend approval of the creation of a
parking overlay district on Crowley Street between Niagara and
Tonawanda Streets.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 15
D. Whalen
85 W. Chippewa St.
Sidewalk cafe
Item No. 44, C.C.P. 5/l5/2001
The City Planning Board at its regular meeting held Tuesday, May 22,
2001, considered the matter captioned above pursuant to Section
413-59 of the Buffalo Code, Sidewalk cafes.
The applicant seeks encroach the right-of-way with a 261x5l sidewalk
caf6 at 85 W. Chippewa Street. Under SEQR the proposed sidewalk
caf6 is considered an unlisted action which may be studied through
uncoordinated review.
The Planning Board voted to approve the proposed sidewalk caf6 with
the following conditions:
1.No outside music.
2.No outside trash receptacles.
3.Closing of the patio at 11 PM Sunday through Thursday and 1 AM
Friday and Saturday.
4.Five feet of unobstructed vertical sidewalk clearance to remain.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 16
A. Lagambina
1459 Hertel Ave.
Sidewalk cafe
Item No. 41, C.C.P. 5/15/2001.
The City Planning Board at its regular meeting held Tuesday, May 22,
2001, considered the matter captioned above pursuant to Section
413-59 and 511-59 of the Buffalo Code, Sidewalk cafes and Hertel
Avenue District, respectively.
The applicant seeks use an existing 81x451 sidewalk caf6 at 1.459
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Hertel Ave. installed by the previous operator of the restaurant. Under
SEQR the proposed sidewalk cafe is considered an unlisted action
which may be studied through uncoordinated review.
The Planning Board voted to approve the proposed sidewalk cafifi with
the following conditions:
1. No outside music
2. No outside trash receptacles
3. The sidewalk caf6 close daily at 11 PM.
RECEIVED AND FILED
NO. 17
V. Guarino
3260 Main St.
Sidewalk cafe
Item No. 100, C.C.P. 5/15/2001
The City Planning Board at its regular meeting held Tuesday, May
22, 2001, considered the matter captioned above pursuant to Section
413-59 and 511-79.5 of the Buffalo Code, Sidewalk cafes and Transit
Station restricted uses, respectively.
The applicant seeks to place a 6'xl5' sidewalk caf6 which will encroach
the right-of-way at 3057 Main Street. Under SEQR the proposed
sidewalk cafe is considered an unlisted action which may be studied
through uncoordinated review.
The Planning Board voted to recommend approval of sidewalk caf6
with the following conditions:
1. No outside music is allowed
2. Closing at 10 p.m.
3. No outside trash receptacles
RECEIVED AND FILED
NO. 18
Holy Trinity Luthern Church
1068 Main and 57 Linwood Ave.
Accessory signs
Item No. 102, C.C.P. 5/15/2001
The City Planning Board at its regular meeting held Tuesday, May
22 2001, considered the matter captioned above pursuant to Section
387-19 of the Buffalo Code, Application for billboard, ground or pole
sign permits.
The applicant seeks to erect two illuminated ground "ID" signs, one at
321x6l and one at 41x8l. Under SEQR the proposed signs are
considered an unlisted action which may be studied through
uncoordinated review.
The Planning Board voted to recommend approval of the proposed
accessory signs with conditions set by the Preservation Board.
RECEIVED AND FILED
NO. 19
C. Syracuse
549-663 Kensington Ave.
Human Service Facility
Item No. 101, C.C.P. 5/15/2001
The City Planning Board at its regular meeting held Tuesday, :May
22, 2001, considered the matter captioned above pursuant to Section
511-136 of the Buffalo Code, Use permit required for human service
facilities.
The applicant seeks to construct a 75 bed facility for assisted living
residents with 24 hour supervision at 549-663 Kensington Avenue.
The application is currently before the zoning Board of Appeals for
use, area and height variances. The applicants have had some
preliminary discussions with the Land Use staff regarding their
proposed site plan. Under SEQR the proposed Human Service Facility
is considered an unlisted action which may be studied through
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uncoordinated review.
The Planning Board voted to communicate to the Common Council a
finding of no concentration of human service facilities within a 1-t mile
radius of the proposed location.
RECEIVED AND FILED
NO. 20
Central Presbyterian Church
2408 Main St..
Accessory ground sign
Item No. 110, C.C.P. 4/17/2001
The City Planning Board at its regular meeting held Tuesday, May 22,
2001, considered the matter captioned above pursuant to Section
387-19 of the Buffalo Code, Application for billboard, ground or pole
sign permits.
The applicant seeks to erect an illuminated 5011x5011x81 ground "ID"
sign at 2408 Main Street. Under SEQR the proposed sign is
considered an unlisted action which may be studied through
uncoordinated review.
The Planning Board voted to receive and file this request since the
Common Council has already approved this item.
RECEIVED AND FILED
FROM THE OFFICE OF STRATEGIC PLANNING
NO. 21
Authorize Lease Agreement
Delavan Moselle Community Center
The Office of Strategic Planning, Division of Real Estate, with the
assistance of Public Works and Office of Community Services, has
negotiated a lease agreement between the City of Buffalo and the
Delavan Grider Block Club Council. The Block Club will provide
various community service functions for the newly constructed
Community Center located at 877 East Delavan Avenue, Buffalo, New
York.
The City of Buffalo and the Block Club have agreed to the following
terms of the lease agreement:
1. The lease term is for three (3) years with an option to renew for any
additional three (3) years. The lease will commence June 1, 2001 and
end May 31, 2004.
2. The City of Buffalo will pay for the cost of all utilities for the first
eighteen (18) months of the lease. City will also install and provide
telephone service and equipment.
3. The Delavan Grider Block Club Council will be responsible for the
cost of interior cleaning and maintenance of space that they occupy
and keep same in a clean and sanitary condition.
4. The City of Buffalo will be responsible for maintenance and repair of
all structural components, including heating, air conditioning and
electrical systems. Lessee will be responsible for minor repair and
maintenance of said systems.
5. City will be responsible for maintenance of the grounds, grass
cutting and snow removal.
6. Lessee will provide liability insurance policy naming the City of
Buffalo as an additional insured. The type of policy and amount of
coverage to be determined by the Corporation Counsel, City of
Buffalo.
We are recommending that Your Honorable Body authorize the
Corporation to prepare the necessary lease agreement between the
City of Buffalo and the Delavan Grider Block Club Council upon the
above terms and conditions and that the Mayor be authorized to
execute the same.
Mrs LoTempio Moved: That the above communication from the Office
of Strategic Planning dated May 24, 200 1, be received and filed; and
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That the Executive Director of Strategic Planning be, and he hereby is
authorized to negotiate a lease between the City and the Delavan
Grider Block Club Council, for use of the Delavan Moselle Community
Center, 877 East Delavan Avenue for a three (3) year term with an
option to renew for any additional three (3) years, commencing on
June 1, 2001 and expiring May 31, 2004. That the Corporation
Counsel be authorized to prepare the necessary lease with the terms
and conditions as listed in the above communication and that the
Mayor be authorized to execute the same.
Passed
AYES - 12 - NOES - 0
NO. 22
Renew Lease Agreement between the City of Buffalo and Erie
Regional Housing Development Corp. for Use of A Portion of 104
Maryland
Item No. 130, C.C.P. 3/20/01
Pursuant to Item No. 130, C.C.P. 3/20/01, Your Honorable Body
authorized a six (6) month lease agreement between the City of
Buffalo and Erie Regional Housing Development Corp. for use of a
portion 104 Maryland. This lease was for the period of December 1,
2000 through May 31, 2001.
The Office of Strategic Planning, Division of Real Estate, has received
a request from the Erie Regional Housing Development Corp. to renew
their lease agreement for an additional six (6) month period
commencing on June 1, 2001 and expiring on November 30, 2001.
The rental will remain at One Dollar ($1.00) per year and all other
terms and conditions of said lease shall remain the same.
This office recommends that Your Honorable Body renew their present
lease agreement for an additional six- (6) month period to commence
on June 1, 2001 and expiring on November 30, 2001. 1 am further
recommending that Your Honorable Body authorize the Corporation
Counsel to prepare the necessary documents to renew said lease and
that the Mayor be authorized to execute the same.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 23
Rescind Sale
459 Connecticut Street
The above property was sold at public auction on May 27, 1999 to
Mr. Anthony Pirrone of Companion Resources, 1SOO Military Road,
Buffalo, New York 14217 in the amount of Seventeen Thousand Six
Hundred Dollars ($17,600). The property was sold in, as is condition.
The Common Council approved the sale per Item #14, on September
19, 2000.
The Corporation Counsel notified the purchaser on November 17,
2000 that they were prepared to close and deliver the deed. Further
notice to finalize the closing was sent on March 2, 2001 by the Division
of Real Estate. Final notice was sent by the Corporation Counsel on
March 29, 2001 advising the purchaser that the sale would be
rescinded, deposit forfeited and property returned to inventory for sale.
The purchaser to date has not responded.
Therefore, I am recommending that Your Honorable Body rescind the
sale, whereupon the deposit is forfeited by the purchaser and property
returned to inventory for sale.
Mrs LoTempio moved That the above communication from the Office
of Strategic Planning, Division of Real Estate, dated May 16, 2001, be
received and filed; and
That the offer from Mr. Anthony Pirrone of Companion Resources,
1500 Military Road for the sale of 459 Connecticut Street, be and
hereby is rescinded and the deposit is forfeited by the purchaser and
the property returned to inventory for sale.
PASSED
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AYES - 12 - NOES - 0
No. 24
Results of Negotiations
36 Kiefer, 214.75' S of Genesee
Vacant Lot: 30' x 130'
Assessed Valuation: $2,200
The Office of Strategic Planning, Division of Real Estate, has
received a request to purchase 36 Kiefer Street from Ms. Yolanda
Beaner, 28 Kiefer Street, Buffalo, New York 14211. Ms. Beaner owns
a one family home at 28 Kiefer Street, which adjoins 36 Kiefer Street.
She intends to use the property for extra yard space.
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 William J.
Kushman of Kushman Appraisal Services, Inc., P.O. Box 828, Buffalo,
New York 14231. He has estimated the value of the parcel to be
Seven Hundred Fifty Dollars ($750), Nineteen Cents (.19) a square
foot. The Division of Real Estate concurs with the appraisers estimate
of value.
The result of our negotiations is that Ms. Beaner has agreed and is
prepared to pay Seven Hundred Fifty Dollars ($750) for this parcel. 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 36
Kiefer Street to Ms. Yolanda Beaner in the amount of Seven Hundred
Fifty Dollars ($750). 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.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 25
Results of Negotiations
275 Locust, 280' S North
Vacant Lot: 25' x 100'
Assessed Valuation: $1,100
The Office of Strategic Planning, Division of Real Estate, has
received a request to purchase 275 Locust Street from Ms. Ethel M.
Fuller, 269 Locust, Buffalo, New York 14204. Ms. Fuller owns a one
family dwelling at 269 Locust and a vacant lot at 273 Locust, which are
adjoining to 275 Locust. She intends to fence in the area and use for
extra yard space.
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 William J.
Kushman, Jr. of Kushman Appraisal Service, Inc., P.O. Box 828,
Buffalo, New York 14231. He has estimated the value of the property
to be Eight Hundred Fifty Dollars ($850). Thirty-Four Cents (.34) a
square foot. The Division of Real Estate concurs with the appraisers
estimate of value.
The results of our negotiations are that Ms. Ethel M. Fuller has agreed
and is prepared to pay Eight Hundred Fifty Dollars ($850). She 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
275 Locust Street to Ms. Ethel M. Fuller in the amount of Eight
Hundred Fifty Dollars ($8SO). I am further recommending that the
Corporation Counsel prepare the necessary documents for the transfer
of title and that the mayor be authorized to execute the same.
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REFERRED TO THE COMMITTEE ON FINANCE
NO. 26
Results of Negotiations
109 Moselle, 120' N McKibbin
Vacant Lot: 30' x 105'
Assessed Valuation: $2,500
The Office of Strategic Planning, Division of Real Estate, has
received a request to purchase 109 Moselle Street from Ms. Emma L.
Smith, 107 Moselle Street, Buffalo, New York 14211. Ms. Smith owns
a two family dwelling at 107 Moselle, which is adjoining to 109
Moselle. She intends to use the property for extra yard space.
The Office of Strategic Planning and the Division of Collections have
no objections to the sale. There are no outstanding taxes, building
code violations, or other liens owed to the City of Buffalo by the
purchaser.
An independent appraisal of the property was conducted by C.
Zippiroli of R.W. Bronstein Corporation, 3666 Main Street, Buffalo,
New York 14226. He has estimated the value of the property to be
Five Hundred Dollars ($SOO), Sixteen Cents (.16) a square foot. The
Division of Real Estate concurs with the appraisers estimate of value.
The results of our negotiations are that Ms. Emma L. Smith has
agreed and is prepared to pay Five Hundred Dollars ($500). She 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
109 Moselle Street to Ms. Emma L. Smith in the amount of Five
Hundred Dollars ($500). 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.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 27
RESULTS OF NEGOTIATIONS
912 SENECA, 631 E FILLMORE
VACANT LOT: 25' X 95'
ASSESSED VALUATION 2,000)
The Office of Strategic Planning, Division of Real Estate, has
received a request to purchase from Mr. Jeffrey S. Eder, 906 Seneca
Street, Buffalo, New York 14210. Mr. Eder owns the building at 906
Seneca and a vacant lot at 910 Seneca, which are adjoining to 912
Seneca Street. He intends to expand his animal crematorium located
at 906 Seneca Street.
The office of Strategic Planning and the Division of Collections have
no objection to the sale. There are no building code violations, taxes or
other liens owed to the City of Buffalo by the purchaser.
An independent appraisal of the property was conducted by David
Hurlburt of Howard P. Schultz & Associates, 360 Delaware Avenue,
Buffalo, New York. He has estimated the value of the parcel to be One
Thousand Five Hundred Dollars
($1,500), Sixty-Three Cents ($.63) a square foot. The Division of Real
Estate concurs with the estimate of value.
The results of our negotiations are that Mr. Jeffrey Eder has agreed
and is prepared to pay One Thousand Five Hundred Dollars ($1,500)
for this parcel. 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
912 Seneca Street to Mr. Jeffrey S. Eder in the amount of One
Thousand Five Hundred Dollars ($1,500). 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.
REFERRED TO THE COMMITTEE ON FINANCE
NO. 28
Page 11
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RESULTS OF NEGOTIATIONS
67 TROUPE,1201 N WESCOTT
VACANT LOT:45' X 1251
ASSESSED VALUATION: $4,100
The office of Strategic Planning, Division of Real Estate, has
received a request to purchase 67 Troupe Street from Mr. Anthony
Herdzik, Jr., Attorney at Law for Mr. John Seagrave and Mrs. Patricia
Seagrave, 69 Troupe Street, Buffalo, New York 14210. Mr. and Mrs.
Seagrave own a one family dwelling at 69 Troupe Street, which adjoins
67 Troupe Street. They intend to use the property for additional yard
space.
The Office of Strategic Planning and the Division of Colletions have
no objection to the sale. There are no outstanding taxes, building code
violations, or other liens owed to the City of Buffalo by the purchasers.
An independent appraisal of the property was conducted by Mr. David
Burnette, appraiser of Arrow Appraisal, 37990 Broadway,
Cheektowaga, New York 14227. He has estimated the value of the
property to be One Thousand Dollars ($1,000), which is Eighteen
Cents (.18) a square foot. The Division of Real Estate has investigated
the sales of similar properties in the area. Sales prices range from
Forty-Two Cents (.42) to Sixty-Seven Cents (.67) a square foot.
The result of our negotiations is that Mr. and Mrs. Seagrave have
agreed and are prepared to pay Two Thousand Dollars ($2,000), Thirty
Five Cents (.35) a square foot for this parcel. They have 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
67 Troupe Street to Mr. Matthew B. Herdzik, Jr., Attorney at Law for
Mr. And Mrs. Seagrave in the amount of TwoThousand Dollars
($2,000). 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 May 22, 2001, be received and filed;
and
That the offer from Mr. Herdzik, Jr., Attorney at Law for Mr. John
Seagrave and Mrs. Patricia Seagrave, residing at 69 Troupe Street, in
the sum of Two Thousand Dollars ($2,000.00) for the sale of 67
Troupe Street, be and hereby is accepted; and
That the appraisal requested by the City of Buffalo shall be paid by the
purchaser; and
That the transfer tax, recording fees and cost of legal description shall
be paid by the purchaser; and
That the Corporation Counsel be authorized to prepare the necessary
documents for the transfer of title and that the Mayor be authorized to
execute the same, in accordance with the terms of sale upon which
the offer was submitted.
PASSED
AYES -12 NOES - 0
NO. 29
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM
329 BOX (CITY OWNED-VACANT LOT, 30 X 118')
The Office of Strategic Planning has surveyed the city-owned vacant
lot at 329 Box Avenue, Buffalo New York 14211, parcel is 30' x 118' in
dimension; and it has been determined that this parcel inappropriate
for either the construction of new housing or needed for public
purposes.
Mr. J. P. Hawkins residing at 325 Box Avenue indicated that he will
clean, improve and maintain the lot in the event that he obtain title to
the property under the Urban Homestead Program.
The Division of Inspections and Division of Collections have been
Page 12
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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 Mr. J. P.
Hawkins 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. 30
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM
231 DOAT (CITY OWNED-VACANT LOT, DIMENSIONS 33' X
80')
The Office of Strategic Planning has surveyed the city-owned vacant
lot at 231 Doat Street, Buffalo New York 14211, parcel is 33' x 80' in
dimension; and it has been determined that this parcel is inappropriate
for either the construction of new housing or needed for public
purposes.
Mr. James E. Jackson and Mr. Kenneth L. Lott residing at 237 Doat
Street have indicated that they will clean, improve and maintain the lot
in the event that they obtain title to the property under the Urban
Homestead Program.
The Division of Inspections and Division of Collections have been
contacted. There are no proper code violations, taxes or other liens
owed to the City of Buffalo by the homesteaders.
We, therefore, recommend that the city-owned vacant lot to be
designated as a Homestead Proper and be transferred to Mr. Jackson
and Mr. Lott on the condition that the property is cleared and improved
with (6) months and maintained in a sanitary manner.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 31
TRANSFER OF TITLE, URBAN HOMESTEAD PROGRAM
496 WOODLAWN (CITY OWNED-VACANT LOT, 30 X 146')
The Office of Strategic Planning has surveyed the city-owned vacant
lot at 496 Woodlawn Averue Buffalo, New York 14208, parcel is 30' x
146' in dimension; and it has been determined that this parcel ill
inappropriate for either the construction of new housing or needed for
public purposes.
Ms. Shirley Lowe residing at 494 Woodlawn Avenue indicated that she
will clean, improve and maintain the lot in the event that she obtains
title to the property under the Urban Homestead Program.
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 homesteader.
We, therefore, recommend that the city-owned vacant lot to be
designated as a Homestead Property and be transferred to Ms. Shirley
Lowe 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
FROM THE COMPTROLLER
NO. 32
ABATEMENT OF UNCOLLECTIBLE ACCOUNTS RECEIVABLE
The attached list contains miscellaneous accounts receivable
totaling $117,904.63 that have been determined to be uncollectible
due to the expiration of the Statute of Limitations. The Department of
Law and the Division of Collections have reviewed the lists and
concur. The elimination of these accounts from our records will enable
the Department of Law and the Division of Collections to concentrate
their efforts on invoices we have a better chance of collecting.
Page 13
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We request the abatement of these accounts totaling $117,904.63 as
required by Charter to remove such open accounts from the City's
records. Since an amount has been reserved in prior years to provide
for the possibility that these accounts become uncollectible, there will
be no effect on the City fund balance as a result of this action.
Respectfully submitted,
REFERRED TO THE COMMITEE ON FINANCE
NO. 33
BOND CLOSEOUT
The City of Buffalo issues bonds to provide funds to finance the
costs of various capital projects which are described in the bond
resolutions submitted to the Common Council. When we raise capital
funds by selling bonds, it is reasonable to anticipate that all of the
projects will proceed timely and binding commitments for the
completion of the projects will be entered into in a timely manner.
Proceeds of bonds not expended for the object or purpose for which
the bonds were sold must be applied to the payment of principal and
interest on such bonds (Local Finance Law - Section 165.00)
The following accounts listed below: 1) have a balance too small to
proceed with project, 2) have no further commitments, 3) will not be
used since projects incomplete 4) have had no activity for a number of
years, or 5) have never been used.
Oriz #Acct NameUnencumbered Bal
34322006 Rehabilitation - Jubilee Center 146,400.00
2001/02 Debt Service 16,400.00 Future Debt Service
130,000.00
If these accounts are closed, $16,400.00 can be used as a resource
to pay 2001-2002 City debt. Also, $130,000.00 can be used as a
resource to pay future debt service.
Upon favorable action by your Honorable Body, my office will close
the bond accounts and apply the remaining resources as set forth
above.
Mrs. LoTempio moved:
That the above communication from the Comptroller, dated May 16,
2001, be received and filed; and
That the Comptroller be, and he hereby is authorized to close the bond
accounts and apply the remaining resources as set forth above.
PASSED
AYES -12 NOES - 0
NO. 34
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
COMMON COUNCIL
We, Anthony M. Masiello, Mayor and Anthony R. Nanula,
Comptroller, do
hereby certify, pursuant to 20-12 of the Charter, that it is necessary
that the sum of $4,200 be transferred and reappropriated within the
Common Council, as set forth below:
From:
10109001-411001 Councilmember #8 Annual Salary
To:
$4,200
10102001- 412002 Common Council, Legislative, Hourly Salary
$4,200
Dated: Buffalo, NY, May 2, 200
RECEIVED AND FILED
NO. 35
CERTIFICATE OF NECESSITY
TRANSFER OF FUNDS
Page 14
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COMPTROLLER
We, Anthony M. Masiello, Mayor and Anthony R. Nanula,
Comptroller, do hereby certify, pursuant to
20-12 of the Charter, that it is necessary that the sum of $200 be
transferred and reappropriated from the Division of Audit, as set forth
below:
From:
10442001-411001 Audit Annual Salaries $200
To:
10441006-452000 Comptroller Insurance$200
Dated: Buffalo, NY, May 24, 2001
RECEIVED AND FILED
NO. 36
REPORT OF AUDIT
DEPARTMENT OF ASSESSMENT AND TAXATION
In response to the directive requiring the Comptroller to file audit
reports with the Common Council, I hereby submit copies of the
Department of Assessment and Taxation, Payments-in-Lieu-of-Taxes,
Audit Report for the period July 1, 1997 to June 30, 2000.
AUDIT RECOMMENDATIONS
We recommend that the Department initiate revised procedures,
which will reduce or eliminate errors in billings and interest
calculations.
We recommend that the Department continue to communicate to
the ECIDA information regarding delinquent accounts.
We recommend that the Department aggressively pursue collection
of past due amounts from City of Buffalo issued PILOT
agreements.
We recommend the Department consult with the software vendor for
the RPTL 520 billing system to determine the cause of an
inconsistency in billing calculations, and whether changes are
necessary in the software.
REFERRED TO THE SPECIAL COMMTTTEE ON FINANCE AND
COMMISSTONER OF ASSESSMENT
NO. 37
WORKERS' COMPENSATION
DIFFERENCE IN PAY
We are requesting approval from the Common Council for payment
of $434.56 to John Misso which is the difference in pay between
bi-weekly after tax wages and the Workers Compensation benefit. Mr.
Misso's claim commenced April 30, 2001 and payment is for 10 days,
pay period 23. Bi-weekly difference in pay benefits will continue until
his return to work. Difference in pay shall not exceed six months.
Mrs. LoTempio moved:
That the above communication from the Comptroller dated May 15,
2001 be received and filed; and
That the Comptroller be, and he hereby is authorized to pay John
Misso, in the amount of $434.56 for difference in pay allowance under
the provisions of the Workers' Compensation Law commencing April 3
0, 2001 for a ten (10) day period.
PASSED
AYES -12 NOES - 0
NO. 38
CERTIFICATE OF APPOINTMENT
Appointment Effective: May21 2001 In the Department of: Audit and
Control Division of: Audit to the Position of: Associate Auditor
Provisional
Appointment at the Maximum Starting Salary of: $ 42,621
James E. Barrett, 143 Choate Avenue, Buffalo, NY 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Page 15
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FROM THE PRESIDENT OF THE COUNCIL
NO. 39
REQ WAIVER OF PERMIT FEES BLOCK CLUB BASKETBALL
2001
Thank you for your support of Block Club Basketball for the year
2000. The generosity of the Common Council has largely contributed
to the success of this program from year to year. During the summer
of the year 2000, we were able to reach over 3, 000 people on the
streets of Buffalo.
We will be working on 12 different streets in the city of Buffalo this
summer, and we are equally as excited about Block Club Basketball
as in times past. Not only do we involve the city of Buffalo, our
outreach goes as far north as Toronto, Canada, and as far south as
Bradford, Pennsylvania.
As you well know, our summer program is conducted right on the
streets. Because of the nature of our program, it is necessary that we
obtain permits for the temporary closing of streets during the time of
our basketball games. We are requesting that the Common Council,
waive the cost and for fees of the permits that are needed for the
summer of 2001. A schedule of our activities will be forwarded to both
your office and the Department of Traffic and Engineering.
We greatly appreciate your assistance in this matter, and we Thank
You in advance.
Mrs. LoTempio moved:
That the above communication from Reverend William Coplin of
Urban Christian Ministries dated May 21, 2001 be received and filed;
and
That the Common Council does hereby authorize the waiving of the
cost and/or fees of the permits that are needed for the summer of
2001 for Block Club Basketball as sponsored by Urban Christian
Ministries on 12 different streets.
PASSED
AYES -12 NOES - 0
NO. 40
EMERGENCY SERVICE FIRE DISPATCHER
Thank you for your letter of May 4, 2001 regarding the request of the
new Emergency Services Fire Dispatchers to be placed on the Buffalo
Firefighters platoon schedule (9 hour days, 15 hour nights).
Buffalo firefighters have enjoyed this platoon schedule since its
inception in 1962 and relatively few problems in firehouses have risen
since then. The same cannot be said of the alarm and dispatching
office. While firefighters assigned to firehouse duty are allowed to
sleep at night due to fire fatigue, dispatchers are not allowed the same
privilege. A number of disciplinary procedures have occurred over that
same time period involving alarm office personnel sleeping on duty or
otherwise not being at their post at times when emergency alarms
were being received. Over the years the firefighters union was
uncooperative when asked to negotiate changes in their work
schedule with the goal of eliminating the fifteen (15) hour night. It is for
this reason that I supported the Labor Relations Departments effort to
negotiate changes in the alann office from firefighters to civilian
dispatchers and to assign the new personnel to eight-hour swing
shifts.
As far as their claim that they are called- in on overtime to work a
double shift, it is my belief that this is a rare occasion. Since I wish to
avoid incidents such as those that occurred when only firefighters
worked as dispatchers on the night shift, I will endeavor to discontinue
or limit the practice of double shifts due to overtime. In addition we
noted substantial savings when the dispatchers are completely
changed from uniform firefighters to civilians.
I trust that this response fully explains the fire departments position on
Page 16
01-0529-ss0522.txt
the issue. If you would like to have more information on the subject I
will be happy to meet with you.
RFFERRED TO THE COMMITTEE ON CIVIL SERVICE AND
COMMISSIONER OF HUMAN RESOURCES
NO. 41
REQ WAIVER OF TENT FEE TASTE OF BUFFALO
I am contacting you on behalf o a Taste of Buffalo. As you probably
already know, the 18 th Annual Taste of Buffalo is scheduled for
Saturday and Sunday, July 7 and 8, 200 1, and is the second largest
event f its kind in the country with an attendance of 500,000 people.
You are also probably aware that a Taste of Buffalo is a not-for-profit
organization with a volunteer Board of Directors.
As in the past, the Taste of Buffalo will pay the temporary stand permit
fee for each tent, exhibitor fees, and garbage fees to the city as well as
county health department permit fees, etc. We are requesting, once
again this year, that you and the Common Council waive the Tent fee,
as you have in previous years.
Your assistance in this matter is greatly appreciated. If you have any
questions or need additional information, please do not hesitate to
contact me at 831-9376.
Mrs. LoTempio moved:
That the above communication from Jill Hoover, Kaleidoscope Events,
Inc. dated May 3, 2001 be received and filed; and
That the Common Council does hereby waive the tent fees for the
18th Annual Taste of Buffalo for July 7 and 8, 2001.
PASSED
AYES -12 NOES - 0
NO. 42
SUMMONS - 167 NORTH PARK
The attached Summons was issued to Mrs. Joseph Monaco of 167
North Park.
Mrs. Monaco disagrees with the Summons and indicates that she was
not provided an opportunity for a hearing to challenge the original
Summons, which was issued earlier this year.
I wrote a letter to Deputy Commissioner Sullivan of Streets on behalf
of Mrs. Monaco earlier this year requesting a hearing..
My purpose now is to see that Mrs. Monaco receives a hearing and be
given an opportunity to challenge the Summons. She insists that the
Summons was issued as part of an effort by one of her neighbors to
harass her. According to Mrs. Monaco, no one from the City ever
came out to determine an actual violation. Her plowing service is
willing to testify on her behalf and the amount of the Summons is
excessive.
I am requesting that the Bureau of Adjudication file all information
concerning this Summons with the Common Council.
attachment
RECEIVED AND FILED
FROM THE COMMISSIONER OF PUBLIC WORKS, PARKS AND
STREETS
NO. 43
NOTIFICATION SERIAL #9284
REPEAL ALTERNATE PARKING - TYPE I
VARIOUS LOCATIONS
NO PARKING (ALTERNATE - TYPE I) - REPEAL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body
of this action supplementing, amending, or repealing existing
provisions of Chapter 479 of the Ordinances, as stated below, to be
effective forty five days after the first Council meeting at which they
appear on the agenda as an item business.
Page 17
01-0529-ss0522.txt
That that part of Subdivision 24 Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by repealing
therefrom the following: NO PARKING
PROHIBITED PORTION
HIGHWAY BETWEEN ST SIDE PROHIBITED
PERIOD
Dakota St. 350' east of DelawareNorth No Parking 4pm
Wednesday to 4pm Sunday
Ave. to Fairchild Pl.South No Parking 4pm Sunday to
4pm Wednesday
Tioga St. Delaware Ave. toNorth No Parking 4pm Sunday to
4pm Wednesday
Fairchild Pl.South No Parking 4pm
Wednesday to 4pm Sunday
Fairchild Pl. Linden Ave. toWest No Parking 4pm
Wednesday to 4pm Sunday
Hertel Ave.East No Parking 4pm Sunday to
4pm Wednesday
Traymore St. Linden Ave. toWest No Parking 4pm
Wednesday to 4pm Sunday
Hertel Ave.East No Parking 4pm Sunday to
4pm Wednesday
Commonwealth Ave. Linden Ave. toWest
No Parking 4pin Sunday to 4prn Wednesday
Hertel Ave.East No Parking 4pm Wednesday
to 4pm Sunday
Crestwood Ave. Linden Ave. toWest No Parking 4pm Sunday to
4pm Wednesday
Hertel Ave.East No Parking 4pm Wednesday
to 4pm Sunday
Rugby Rd. Linden Ave. toWest No Parking 4pin Sunday to
4pin Wednesday
Colvin Ave.East No Parking 4pin Wednesday
to 4pm Sunday
This action is being taken to provide for new Alternate Type 2K
parking. This parking follows the same principals as the existing
Alternate Type I parking which has been in effect since the late 1970's
(one side of the street parking at all tit-Des), but changes the parking
"switch-over" days to Mondays and Thursdays (as opposed to
Sundays and Wednesdays) and changes the "switch-over" times to
6:00pin (as opposed to 4:00pm).
NOTIFICATION SERIAL #9285
INSTALL ALTERNATE PARKING - TYPE2K
VARIOUS LOCATIONS
NO PARKING (ALTERNATE - TYPE 2K) - INSTALL
In conformity with Section 49 of Chapter 479 of the Ordinances of the
City of Buffalo, the City Engineer hereby notifies Your Honorable Body
of this action supplementing, amending, or repealing existing
provisions of Chapter 479 of the Ordinances, as stated below, to be
effective forty five days after the first Council meeting at which they
appear on the agenda as an item business.
That that part of Subdivision 24 Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be supplemented by adding thereto
the following: NO PARKING
PROHIBITED PORTION
HIGHWAY BETWEEN ST SIDEPROHIBITED PERIOD
Dakota St. 350' east of Delaware NorthNo Parking 6pM Monday to
6pm Thursday
Ave. to Fairchild Pl. SouthNo Parking 6pm Thursday To
6pm Monday
Tioga St.Delaware Ave. toNorthNo Parking 6pm Monday to
6pm Thursday
Fairchild Pl. SouthNo Parking 6pm Thursday to
Page 18
01-0529-ss0522.txt
6pin Monday
Fairchild Pl. Linden Ave. toWestNo Parking 6pm Monday to
6pm Thursday
Hertel Ave.EastNo Parking 6pm Thursday to
6 pm Monday
Traymore St. Linden Ave. toWestNo Parking 6pm Monday to
6pm Thursday
Hertel Ave.EastNo Parking 6pm Thursday to
6pm Monday
Commonwealth Ave.Linden Ave. toWestNo Parking 6pm
Monday to 6pm Thursday
Hertel Ave.EastNo Parking 6pm
Thursday to 6pm Monday
Crestwood Ave Linden Ave. toWestNo Parking 6prn
Monday to 6pm Thursday
Hertel Ave.EastNo Parking 6pm
Thursday to 6pm Monday
Rugby Rd. Linden Ave. toWestNo Parking 6pm Monday to
6pm Thursday
Colvin Ave.EastNo Parking 6pm Thursday to
6pm Monday
This action is being taken to provide for new Alternate Type 2K
parking. This parking follows the same principals as the existing
Alternate Type I parking which has been in effect since the late 1970's
(one side of the street parking at all times). but changes the parking
"switch-over" days to Mondays and Thursdays (as opposed to
Sundays and Wednesdays) and
changes the "switch-over" times to 6:00pm (as opposed to
4:00pm).
NOTIFICATION SERIAL #9286
INSTALL NO PARKING 12A.M. TO 7A.M. (EXCEPT
NO STANDING AREAS)
ON HAMBURG STREET, EAST SIDE
BETWEEN SENECA STREET
AND SWAN STREET
NO PARKING - INSTALL
In conformity with Section 49 of Chapter 479 of the
Ordinances of the City of Buffalo, the City Engineer hereby
notifies Your Honorable Body of this action supplementing,
amending, or repealing existing provisions of Chapter 479 of
the Ordinances, as stated below, to be effective forty five
days after the first Council meeting at which they appear on
the agenda as an item business.
That that part of Subdivision 24 Section 15 of Chapter 479 of
Ordinances of the City of Buffalo be Supplemented by
adding thereto the following: NO PARKING
PROHIBITED PORTION OF HIGHWAY PROHIBITED
PERIOD
Hamburg Street, east side 12 A.M. to 7
A.M.
between Seneca Street
and Swan Street
This action is being taken at the request of local businesses
in the area. Currently, the street contains 24 hour No
Parking restrictions. This serial will provide the businesses
with on-street parking during their hours of operation, yet
allow the City to provide necessary services. (snow and
trash removal)
RECEIVE AND FILE 9284 AND 9285, 9286 TO THE
COMMITTEE ON LEGISLATION
NO. 44
Page 19
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TELECOM CENTER-APOLLO RFP
Earlier this year this department issued a Request For
Proposals for services related to the management and
operation of The Buffalo Municipal Telecommunications
Center at the Apollo, a large, multi-purpose facility located at
1346 Jefferson Avenue.
Based upon the responses we received, we now
recommend to your Honorable Body that the professional
services of Azar and More, Inc. be engaged under contract
for the work described in the RFP for a period not to exceed
six months and for an amount not to exceed $60,000. Azar
and More is a full-service multimedia production company
based in Buffalo.
Funding is available in the trust and agency account for PEG
Access.
We request immediate approval so that work may begin as
soon as possible.
REFERRED TO THE SPECIAL COMAMITTEE ON
TELECOMMUNCATIONS AND THE OFFICE OF
TELECOMMUNCATIONS
NO. 45
386 AMHERST STREET
AWNING WITHIN CITY
RIGHT OF WAY
Mr. Rick Stoddard, owner of Club Xtreme, located at 386
Amherst Street, has requested permission to install an
awning which would encroach City right of way at said
address. The proposed awning would measure 3.0 feet in
height, 44.0 feet in overall length and project approximately
4.0 feet from the building face into City right of way.
The Department of Public Works, Parks and Streets has
reviewed Mr. Stoddard's application pursuant to Chapter
413-56 (Awnings, Canopies and Marquees) of the City
Ordinances and has no objection to Your Honorable Body
authorizing the Commissioner of Public Works, Parks and
Streets to issue a "Mere License" for said installation
provided the following conditions are met:
1. That the applicant obtain any and all other City of Buffalo
permits necessary for said installation.
2.That the awning
be installed
exactly as shown
on plans
submitted to and
approved by the
Department of
Permit and
Inspections
Services.
3.That the applicant supply the City of Buffalo with a five
thousand dollar construction in street bond or certificate of
insurance which will indemnify and save harmless the City of
Buffalo against any and all lossand damage arising out of
the construction, maintenance, use and removal of said
awning.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE CITY PLANNING BOARD
NO. 46
AUTOMATED TELLER MACHINES
FLEET NATIONAL BANK
ITEM #94, C.C. P. 05/15101
Page 20
01-0529-ss0522.txt
The referenced item was sent to this department for
comment.
Attorneys for Fleet Bank are requesting concurrence from
the City of their attempt to waive portions of the New York
Banking Law as they relate to security at ATM facilities. The
facilities involved are not located on City property or
rights-of-ways. As such, this department has no jurisdiction
and no comment on the proposal.
It is suggested that input from the Police Department be
sought.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 47
REPORT OF BIDS
CONSTRUCTION OF HANDICAP RAMPS PHASE VIII
2001, GROUP #566
ITEM #126, C.C.P. 3/3/98
This is to advise your Honorable Body that I have
advertised and received bids on April 25, 2001 for the
Construction of Handicap Ramps- Phase VIII - 2001, Group
#566.
In obtaining bids for the above project, I have asked for bids
on a unit price covering the various items of work and
material which will be performed. The final cost of the work
will be based on the actual measured quantities of materials
entering into the work and may be either more or less than
the total bid.
The following bids were received:
Base BidUnit Price Increase
P & J Construction Co., Inc.$71,945.00*
$79,139.50*
709 Pleasantview Dr., Lancaster,
NY 14086
C &C Contractors, Inc.$81,350.00
$89,485.00
971 Ransom Rd., Buffalo, NY 14203
North America Const. Co., Inc.$88,824.00
$97,706.40
6221 Goodrich Rd., Clarence, NY 14012
Master's Edge, Inc.$89,250.00
$98,175.00
1807 Elmwood Avenue, Buffalo, NY 14207
A.B.P. Concrete Construction
, Inc.$ 113,195.00
$124,514.50
3407 Kenmore Avenue, Kenmore, NY 14217
*Contractor made mathematical error in calculations -
withdrawing bid
I hereby certify that the lowest responsible bidder for the
above project is C & C Contractors, Inc. (P & J Construction
Co., Inc. has requested to be removed from bid list due to a
mathematic error when calculating figures).
I respectfully recommend that your Honorable Body
authorize a contract award in the amount of $89,485.00
($81,350.00 Base Bid + 10% unit price increase $8,135.00 =
Total Award $89,485.01) ). Funds for this work are in Capital
Project Account 9 30032106 & #34310506. Handicap ramps
will be distributed equally throughout the districts. List of
locations will be provided upon request. The engineer's
estimate for this work is $100,000.00.
The attached is certified to be a true and correct statement
of the two (2) lowest bids receive & Under provisions of the
Page 21
01-0529-ss0522.txt
General Municipal Law, any of the bidders may withdraw his
bid if an award of the contract is not made by June 9, 200 1.
Individual bid submissions are available in our office for
inspection and copies are available upon request.
Mrs. LoTempio moved:
That the above communication from the Commissioner of
Public Works, Parks and Streets dated May 21, 2001, be
received and filed; and
That the Commissioner of Public Works, Parks and Streets,
be, and he hereby is authorized to award a contract for the
Construction of Handicap Ramps - Phase VIII -200 1, Group
#5 66, to C & C Contractors, Inc., the lowest responsible
bidder, in the amount of $89,485.00 ($81,350.00 Base Bid +
10% unit price increase $8,135,00 = Total Award
$89,485.00). Funds for the project are available in Capital
Project Account #30032106 & #34310506.
PASSED
AYES -12 NOES - 0
NO. 48
Report of Bids
Repair to Damaged Sidewalks due to Tree
Removal or Trimming - City-Wide, 2001
Group 9567
Item #126, C.C.P. 3/3/98
This is to advise your Honorable Body that I have
advertised and received bids on April 25, 2001 for The
Repair to Damaged Sidewalks due to Tree Removal or
Trimming - City-Wide, 2001, Group #567.
In obtaining bids for the above project, I have asked for bids
on a unit price covering the various items of work and
material which will be performed. The final cost of the work
will be based on the actual measured quantities of materials
entering into the work and may be either more or less than
the total bid.
The following bids were received:
Base Bid Unit Price
Increase
P & J Construction Co., Inc. $69,960.00
$76,956.00
709 Pleasantview Dr., Lancaster, NY 14086
C &C Contractors, Inc. $77,957.50
$85,753.25
971 Ransom Rd., Buffalo, NY 14203
Aragona Construction Corp. $102,153.50
$112,368.85
5755 Newhouse Rd, East Amherst, NY 14051
A.B.P. Concrete Construction, Inc. $105,010.00
$115,511.00
3407 Kenmore Avenue, Kenmore, NY 14217
Master's Edge, Inc. $106,696.00
$117,365.60
1807 Elmwood Avenue, Buffalo, NY 14207
I hereby certify that the lowest responsible bidder for the
above project is P & J Construction Co., Inc. I respectfully
recommend that your Honorable Body authorize a contract
award in the amount of $76,956.00 ($69,960.00 Base Bid +
10% unit price increase $6,996.00 = Total Award $
76,956.00 ). Funds for this work are in Capital Project
Account #35310106. The engineer's estimate for this work is
$100,000.00.
The attached is certified to be a true and correct statement
of the two (2) lowest bids received. Under provisions of the
General Municipal Law, any of the bidders may withdraw his
Page 22
01-0529-ss0522.txt
bid if an award of the contract is not made by June 9, 2001.
Individual bid submissions are available in our office for
inspection and copies are available upon request.
Mrs. LoTempio moved That the above communications
from the Commissioner of Public Works, Parks and Streets
dated May 21, 2001, be received and filed, and
That the Commissioner of Public Works, Parks and Streets,
be, and he hereby is authorized to award a contract for
Repair to Damaged Sidewalks due to Tree Removal or
trimming - City - Wide, 2001, Group #567, to P & J
Construction Co., Inc., the lowest responsible bidder,, in the
amount of $76,956.00 ($69,960.00 Base Bid + 10% unit
price increase $6,996.00 = Total Award $76,956.00). Funds
for the project are available in Capital Project Account
#35310106.
PASSED
Bonifacio, Coppola, Ellington, Fisher, Fontana, Golombek,
Grant, Gray, LoTempio Martino and Pitts - AYES - 11
Thompson - NOES - 1
NO. 49
Change in Contract
Delavan-Grider Community Center
Construction
General Construction
I hereby submit to Your Honorable Body the following
changes for the Delavan-Grider
Community Center, Construction, General Construction,
Picone Construction Corp.,
C #92010071.
I .Installation of an anti-graffiti coating on the masonry in
plaza to minimize the risk of graffiti permanently
staining the building.
Add $ 977.00
2.Installation of wood chips in playground. Add $ 902.75
3. Extended insurance policy to expected contract
completion date.
Add $ 1,150.00
4.Regrade parking lot at oil tank. Add $ 1,492.70
The foregoing change results in a net increase in the
contract of Four Thousand Five Hundred Twenty Two and
45/100 Dollars ($4,522.45).
Summary: Current Contract Amount
$2,730,778.50
Amount of This Change Order (#6) Add $
4,522.45
Revised Contract Amount
$2,742,086.45
Costs have been reviewed by the Consulting Architect
(Stieglitz Snyder Architecture) and the Department of Public
Works, Parks & Streets and were found to be fair and
equitable. Funds for this work are available in CPF
34320506 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
May 18, 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. 6,
to Picone Construction Corp., an increase in the amount of
$4,522.45, as more fully described in the above
Page 23
01-0529-ss0522.txt
communication, for work relating to Delavan Grider
Community Center, Construction, General Construction, C
#92010071. Funds for this project are available in CPF
34320506 445100 - Division of Buildings.
Passed
AYES - 13 - NOES - 0
NO. 50
Change in Contract
Delavan-Grider Community Center
Construction
Mechanical Work
I hereby submit to Your Honorable Body the following
changes for the Delavan-Grider Community Center,
Construction, Mechanical Work, Buffalo Sheet Metals, C
#92010058.
1. Modify rooftop units. Add $ 3,936.00
The foregoing change results in a net increase in the
contract of Three Thousand Nine Hundred Thirty Six and
00/100 Dollars ($3,936.00).
Summary: Current Contract Amount $ 237,737.00
Amount of This Change Order (#2) Add $ 3,936.00
Revised Contract Amount $ 241,673.00
Costs have been reviewed by the Consulting Architect
(Stieglitz Snyder Architecture) and the Department of Public
Works, Parks & Streets and were found to be fair and
equitable. Funds for this work are available in CPF
34320506 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
May 22, 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. 2,
to Buffalo Sheet Metals, an increase in the amount of
$3,936.00, as more fully described in the above
communication, for work relating to Delavan-Grider
Community Center, Construction, Mechanical Work, C
#92010058. Funds for this project are available in CPF 3 43
205 06 445 100 - Division of Buildings.
Passed
AYES - 12 - NOES - 0
NO. 51
1735 Hertel Avenue
Enclosed Dining Area
Within City Right Of Way
Mr. Gerald Burgin, owner of Ivy's Restaurant, located at
1735 Hertel Avenue southeast comer Starin Avenue, has
requested permission to utilize an existing enclosed dining
area located within City right of way at said address. The
enclosure was installed by Orazio's Restaurant, the previous
property owner, in 1993.
The Department of Public Works, Parks and Streets has no
objection to Your Honorable Body authorizing the
Commissioner of Public Works, Parks & Streets to issue a
"Mere License" to the new property owner subject to all
conditions listed in the original approval (#138 of July 6,
1993).
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE CITY PLANNING BOARD
Page 24
01-0529-ss0522.txt
NO. 52
Fire Alarm Installation - Var Branch Libraries
Interfund Loan ($140,000) (Compt.)
Item No. 26, CCP 04/17/01
The referenced item was sent to this Department for
additional information. Fire Alarm Installation for Various
Branch Libraries is planned for the following branches:
Cazenovia (155 Cazenovia)
Crane (633 Elmwood)
Dudley (2010 South park)
E. Clinton (1929 Clinton)
E. Delavan (1187 E. Delavan)
Fairfield (1659 Amherst)
Fronczak (1080 Broadway)
Kensington (22 Westminster)
Mead (126 Ludington)
Niagara (280 Porter)
North Park (2351 Delaware)
Northwest (271 Grant)
Riverside (820 Tonawanda)
RECEIVED AND FILED
NO. 53
MWBE Participation on
COB contracts
Item #225, C.C.P. 05/01/01
The referenced resolution was sent to this department for
comment.
The Corporation Counsel has advised that we cannot
establish minority and women business enterprise goals
without the completion of a disparity study and the adoption
of proper legislation. AE such, we cannot adopt the
minimum goals recommended by this resolution.
This department will, however, continue to work with the
Department of Community Services and the Office of
Contract Compliance to negotiate a MWBE participation
plan with each successful bidder on all of our contracts.
REFERRRED TO THE SPECIAL COMMITTEE ON
MINORITY BUSINESS ENTERPRISE COMMITTEE
NO. 54
980 ELLICOTT STREET
ITEM # 82 CCP 05/01/01
The referenced item was referred to this department for
comment.
The Department of Conservation (DEC) routinely notifies
possible affected agencies of their actions in relation to
hazardous waste cleanups. In this item the DEC has
notified us that this site has been properly remediated.
A research of our records indicates that the site is privately
owned, and that the City does not own any property the
borders the site.
REFERRED TO THE COMMITTEE O COMMUNITY
DEVELOPMENT
NO. 55
PERMISSION TO WAIVE FEE
FOR BANDWAGON RENTAL
The Department of Public Works, Parks and Streets,
Division of Parks and Recreation is requesting permission to
waive the fee for the rental of the Bandwagon for the
following event:
Page 25
01-0529-ss0522.txt
'March for Victory" Kids & Youth Against Crime & Violence-
June 2, 2001 (being held at Herman Badillo Community
School Parking Lot)
The above named event is sponsored in part by the
representing group or organization and the City of Buffalo,
Division of Parks and Recreation.
The above named event follows the criteria that we have
established for our Department's Co-sponsorship-
1.-A non-religious event in a park or playground, including
Niagara Square.
2.-The event provides a public benefit and is free to the
public.
3.-An event initiated by the Mayor's Office or any City
Department.
4.-A event co-sponsored by City Department.
The following criteria should be followed for a non-park
event:
1.A daytime school event.
2. -An event held during work hours that does not generate
overtime costs.
3. -An event that has fees waived by the Common Council.
Mrs. LoTempio Moved:
That the above communication from the Department of
Public Works, Parks and Streets, dated May 23, 2001 be
received and filed; and
That the Commissioner of Public Works, Parks and Streets
waive the fee for the rental of the Bandwagon for the "March
for Victory" Kids & Youth Against Crime & Violence, June 2,
2001, being held at Herman Badillo Community School
Parking Lot.
Passed
AYES - 12 - NOES - 0
NO. 56
Request to Close Stoneboro Ave.
C & Portion of Rockwood Ave. to Vehicular
Traffic Kaufmans Bakery Inc.
Our department has received a request from Kaufmans
Bakery Inc. at 2381 Fillmore Avenue to close ( the following
section of city streets to vehicular traffic.
-Stoneboro Ave. - close one block sections between
Rockwood and Chalmers Avenues.
-Rockwood Ave.- close one block portions between Pannell
St. and Stoneboro Avenue.
Kaufmans Bakery is currently implementing a $500,000
re-development and security plan at their plant. The street
closings to traffic are being requested to enhance plant
operations and security. Both of these city streets abut
Kaufman's property only and traffic patterns in the area will
not be affected.
It is requested that Your Honorable Body considers this
request and takes appropriate action with al involved
agencies. A site plan is attached for your information.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
CORPORATION COUNSEL
NO. 57
1565-1567 Hertel Avenue
Requests Permission For
Encroachments in City
Right of Way
Mr. Mike Miranda of Miranda Real Estate, acting as agent
for the owner of the property located at 1565-1567 Hertel
Page 26
01-0529-ss0522.txt
Avenue, has requested permission to encroach City right of
way at said address with a concrete pad and handicapped
ramp. The proposed concrete pad would measure 27' in
length, 4" in height and project I Y from the building face into
City right of way. The handicap ramp would measure 10' in
length and project I Y from the building face into City right of
way.
The Department of Public Works', Parks and Streets has
reviewed this request pursuant to Chapter 413 of the City
Ordinances with regards to Handicapped Ramps and
Encroachments regulations and has no objection to Your
Honorable Body authorizing the Commissioner of Public
Works, Parks and Streets to issue a "Mere License" for said
encroachments provided the following conditions are met:
I . That the applicant obtain any and all other City of Buffalo
permits necessary.
2. That the encroachments be installed exactly as shown on
plans submitted to and approved by the Department of
Permit & Inspection Services.
3. That the applicant be responsible for maintenance of said
encroachments as long as they remain within City right of
way.
4. That the applicant supply the Department of Public
Works, Parks & Streets with a certificate of insurance, in an
amount deemed sufficient by the Corporation Counsel,
which will indemnify and save harmless the City of Buffalo
against any and all loss or damage arising from the
installation, use, or removal of said encroachments.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
CITY PLANNING BOARD
NO. 58
830 Abbott Road
Requests Permission to Install
Sidewalk Cafe
Mr. Mark Campanella and Mr. Sean Doctor, owners of the
Just Pizza Bar & Grille, located at 830 Abbott Road, have
requested permission to install a sidewalk cafe which would
encroach City right of way at said address. The proposed
cafe would measure 50 feet in length and project 7 feet from
the building face into City right of way on the Woodside
Avenue side of the property.
The Department of Public Works, Parks and Streets has
reviewed this application pursuant to Chapter 413, Section
59 (Sidewalk Cafes) of the City Ordinances and has no
objection to Your Honorable Body authorizing the
Commissioner of Public Works, Parks and Streets to issue a
"Mere License" for said sidewalk cafe provided the following
conditions are met:
1. That the applicant obtain any and all other City of Buffalo
permits necessary.
2. That the sidewalk cafe be installed exactly as shown on
plans submitted to and approved by the Department of
Permit and Inspection Services.
3. That the sidewalk cafe does not exceed 50 feet in length
or extend more than 7 feet from the building face.
4. That no portion of the sidewalk cafe be permanent in
nature or permanently affixed to the main building or public
sidewalk.
5. That the sidewalk cafe be completely removed from City
right of way from November 15 to April I each year.
6. That the applicant be assessed the annual fee of $1.30
per square foot of City right of way occupied by said
Page 27
01-0529-ss0522.txt
sidewalk cafe as described in Chapter 413, Article IX,
Section 59 (Sidewalk Cafes) of the City Ordinances.
7. That the applicant supply the City of Buffalo with a five
thousand dollar ($5,000.00) construction in street bond or
certificate of insurance which will indemnify and save
harmless the City of Buffalo against any and all loss arising
out of the construction, maintenance, use and removal of
said sidewalk cafe.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE CITY PLANNING BOARD
NO. 59
1096-1098 Elmwood Avenue
Requests Permission to Install
Sidewalk Cafe
Mr. Tai Truong, owner of the Saigon Cafe, located at
1096-1098 Elmwood Avenue, has requested permission to
install a sidewalk cafe which would encroach City right of
way at said address. The proposed cafe would measure 18
feet in length and project 8 feet from the building face into
City right of way.
The Department of Public Works, Parks and Streets has
reviewed this application pursuant to Chapter 413, Section
59 (Sidewalk Cafes) of the City Ordinances and has no
objection to Your Honorable Body authorizing the
Commissioner of Public Works, Parks and Streets to issue a
"Mere License" for said sidewalk cafe provided the following
conditions are met:
1. That the applicant obtain any and all other City of Buffalo
permits necessary.
2. That the sidewalk cafe be installed exactly as shown on
plans submitted to and approved by the Department of
Permit and Inspection Services.
3. That the sidewalk cafe does not exceed 18 feet in length
or extend more than 8 feet from the building face.
4. That no portion of the sidewalk cafe be permanent in
nature or permanently affixed to the main building or public
sidewalk.
5. That the sidewalk cafe be completely removed from City
right of way from November 15 to April 1 each year.
6. That the applicant be assessed the annual fee of $1.30
per square foot of City right of way occupied by said
sidewalk cafe as described in Chapter 413, Article IX,
Section 59 (Sidewalk Cafes) of the City Ordinances.
7. That the applicant supply the City of Buffalo with a five
thousand dollar ($5,000.00) construction in street bond or
certificate of insurance which will indemnify and save
harmless the City of Buffalo against any and all loss arising
out of the construction, maintenance, use and removal of
said sidewalk cafe.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE CITY PLANNING BOARD
NO. 60
Certificate of Appointment
Appointment Effective: May 14, 2001 in the Department of
Public Works, Parks & Streets Division of Water to the
Position of Clerk
Provisional Appointment at the: 2nd Starting Salary of:
$24,585
Mary Beth Wolniewicz 147 Marine Drive, Apt. 11B Buffalo,
New York 14202
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
Page 28
01-0529-ss0522.txt
FROM THE COMMISSIONER OF POLICE
NO. 61
Drug Asset Forfeiture Checks Received
Item No. 104, C.C.P. 2/2/88
8155-00113051 C2-99-0035 893.83
8155-00113032 245D-BF-33543 2,930.16
TOTAL DEPOSIT$ 3,823.99
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
Improvements
Vehicles
Operating Equipment
If you have any questions regarding the above mentioned,
please contact Inspector John Brill at 85 1-4514.
RECEIVED AND FILED
NO. 62
Certificate of Appointment
Appointment Effective: May 21, 2001 in the Department of
Police
to the Position of: Cellblock Attendant Permanent
Appointment at the Intermediate Starting Salary of: $ 25,052
Joseph L. Oroszi 68 Turner
Buffalo, New York 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 63
Certificate of Appointment
Appointment Effective: May 21, 2001 in the Department
of: Police
to the Position of: Senior Cellblock Attendant Permanent
Appointment
at the Intermediate Starting Salary of: $ 27,509 Raymond D.
Lysarz
22 Germain Street Buffalo, New York 14207
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
FROM THE CORPORATION COUNSEL
NO. 64
One Hundred-Foot Setback -
Buffalo River
Item No. 13 5, C. C.P., 2/6/01
Attached for your information is a letter from the Friends
of the Buffalo River in response to a previous
correspondence regarding issues related to the proposed
one hundred-foot setback along the Buffalo River.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
Page 29
01-0529-ss0522.txt
No. 65
Opposition - 100 Foot Setback
Attached please find for your information a letter from the
law firm of Paladino, Cavan and Quinlivan written on behalf
of Magnano-Paladino in opposition to the proposed one
hundred (100) foot setback along the Buffalo River.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
FROM THE COMMISSIONER OF PERMIT & INSPECTION
SERVICES
NO. 66
Second Hand Dealer
3057 Main
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 3057 Main and rind 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,
find it complies with all regulations and other applicable
laws. I have caused and investigation by the Police
Department into the moral character of Gino Grasso. The
attached thereto for Gino Grasso d[b/a University Home
Furnishings. This request is submitted for your approval or
whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 67
Second Hand Dealer
2116 Seneca
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 2116 Seneca 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, find it complies
with all regulations and other applicable laws. I have caused and
investigation by the Police Department into the moral character of
David Zuppa. The attached thereto for David Zuppa d/b/a Seneca
Furniture. This request is submitted for your approval or whatever
action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
No. 68
Used Car Dealer
2186 South Park
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 2186 South Park 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
Albert Hassan. The attached thereto for Albert Hassan d/b/a
Fleetwood Motors. This request is submitted for your approval or
Page 30
01-0529-ss0522.txt
whatever action you deem appropriate.
REFERRED TO THE COMMITTEE ON LEGISLATION
FROM THE COMMISSIONER OF ADMINISTRATION AND
FINANCE
NO. 69
Assistant Director of Administrative Adjudication
Acting as Director
This is to inform your Honorable Body that from time to
time over the last fiscal year I have asked Linda Scott,
Assistant Director of the Division of Administrative
Adjudication, to assume some administrative duties that
would normally have been performed by the Director.
RECEIVED AND FILED
NO. 70
Certificate of Appointment
Appointment Effective: 5/21/01 in the Department of
Administration & Finance Division of Treasury to the
Position of Associate Account Clerk Permanent Promotion
Step 2 Starting Salary of: $ 28896.00
Christopher Tomaszewski 92 Wilbury Place Buffalo 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 71
Certificate of Appointment
Appointment Effective: 5/21/01 in the Department of
Administration & Finance Division of Treasury to the
Position of Head Teller Temporary
Appointment at the Intermediate Starting Salary of: $
31,514.00 Lisa Capell 1536 Delaware Avenue Buffalo NY
14209
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 72
Certificate of Appointment
Appointment Effective: 5/21/01 in the Department of
Administration & Finance Division of Treasury to the
Position of Permanent Appointment at the: 3 rd step Starting
Salary of: $ 27968.00
Mary Lou Helmeniak 10 Rebecca Park Buffalo 14207
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 73
Certificate of Appointment
Appointment Effective: 5/21/01 in the Department of
Administration & Finance Division of Treasury to the
Position of Account Clerk Typist Permanent Appointment at
the: Maximum Starting Salary of:
$ 27,859.00 Darlene Lapinski 51 Wood Avenue Buffalo
14211
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NO. 74
FSHER-J. JOHNSON-INFO.-BFLO. ALT.
HIGH SCHOOL"
OPENING OF SCHOOL BLDG. FOR
COMM. ACCESSIBILITY"
#85,#163C.C.P.,MAY 5,2001
Item #85 Buffalo Alternative is having extensive building
repairs doe this summer. The Plant Department had
directed that the building not be opened. This is to insure the
Page 31
01-0529-ss0522.txt
safety of the students.
High Schools, for the most part are being paired this
summer. This is done to (1) save money in terms of building
maintenance and operating costs and (2) insure that enough
certified teaching staff will be available for the students.
Buffalo Alternative and Grover Cleveland are paired. Other
examples include: Buffalo Traditional paired with Lafayette,
Riverside paired with McKinley and Bennett paired with
Burgard.
In terms of understanding Buffalo Alternative students,
Benjamin L. Randle, Principal of Grover Cleveland High
School, is the former Principal of Buffalo Alternative. Mr.
Randle totally understands the program at Alternative, has
great empathy for the students and their unique problems
and is willing to work with any students who are trying to
improve themselves. There will be no discrimination at
Grover Cleveland H.S.
Item #163 Buffalo Public Schools is investigating the
feasibility of expanding the availability and access to school
facilities after regular operating hours.
REFERRED TO THE COMMITTEE ON EDUCATION
BUFFALO MUNICIPAL HOUSING AUTHORITY
NO. 75
CUT IN PUBLIC HOUSING DRUG ELIMINATION
PROGRAM FUNDS
Per the Common Council's request I am enclosing the
materials that were submitted to the Western New York
Congressional and Senate delegation in regard to the Bush
Administration's cut in HUD Public Housing Drug Elimination
Program funds for the 2002 Fiscal Year. Included in the
package are staff developed impact materials, PHDEP
funding levels, crime statistics and resident petitions.
If you should require any further information regarding the
materials, please feel free to contact my office at 855-6711.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
FROM THE CITY CLERK
NO. 76
AUTO ALLOWANCE
I transmit herewith certificates of auto allowance
submitted for the following individuals in the various
departments listed below:
Citizens' Rights & Community Relations
Janice G. Popielski
Doris Carbonell-Medina
Rita Hubbard-Robinson
RECEIVED AND FILED
NO. 77
LIQUOR LICENSE APPLICATIONS
Attached hereto are communications from persons applying
for liquor licenses from the Erie County Alcohol Beverage
Control Board.
AddressBusiness NameOwner's
Name
1122 Hertel Ave1122 Hertel AveMichelle
Farruggia
205 South Park AveTalty'sDennis M.
Talty
1419 Main StNY TYM, IncVenere E.
Hutchinson
Page 32
01-0529-ss0522.txt
525 Niagara StNiagara CafePaul
Hernandez
1313 KensingtonNew Derby LoungeMichelle
Pumininger
RECEIVED AND FILED
NO. 78
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:
Common Council- Susan Brennan
Assessment and Taxation- Jacqueline Bald,
Police- Elouise Tomlin, Brian Winnie,
Fire- Jonathan Croom
Administration and Finance- Wendy Nobile
RECEIVED AND FILED.
NO. 79
REPORTS OF ATTENDANCE
I transmit herewith communications received by
me, from the various boards, commissions, agencies and
authorities reporting the membership attendance at their
respective meetings:
x Buffalo Sewer Authority
x City Planning Board
RECEIVED AND FILED
NO. 80
NOTICES OF APPOINTMENTS - COUNCIL INTERNS
I transmit herewith appointments to the position of Council
Intern.
Mrs. LoTempio moved the approval of the appointments to
the position of Council Intern.
ADOPTED.
Appointment Effective: May 21, 2001 in the Department of
COMMON COUNCIL to the Position of INTERN IV,
SEASONAL NON-COMPETITIVE at the FLAT Starting
Salary of $6.00/HR
Patrick Spitler, 1438 Woodward Avenue, Buffalo, New York
14214
Appointment Effective: May 14, 2001 in the Department of
COMMON COUNCIL to the Position of INTERN VI,
SEASONAL NON-COMPETITIVE at the FLAT Starting
Salary of: $10.00/HR
Gizelle Stokes, 21 Watson Street, BUFFALO, NY 14210
Amy Yakawiak, 577 Richmond Street, BUFFALO NY 14213
Appointment Effective: May 14, 2001 in the Department of
COMMON COUNCIL, to the Position of INTERN I,
SEASONAL, NON-COMPETITIVE at the FLAT Starting
Salary of $7.00/HR
Jason Cammelleri, 2318 Main St. Upper,Buffalo,
NY 14214
ADOPTED
NO. 81
APPOINTMENTS-MAYOR'S YOUTH OPPORTUNITY &
EMPLOYMENT
I transmit herewith appointments made in the Mayor's
Youth Opportunities and Employment's Programs.
RECEIVED AND FILED
Page 33
01-0529-ss0522.txt
Appointment Effective: May 15,2001 in the Department of
Executive to the Position of Intern VI, Seasonal, Non-
Competitive at the flat Starting Salary of $10.00/hr
Sean Kelly, 53 Robie, Buffalo, NY 14214
Appointment Effective: May 21,2001 in the Department of
Executive to the Position of Intern I, Seasonal at the flat
Starting Salary of $7.00/hr
Meredith Beck, 536 Auburn Ave, Buffalo, NY 14222
Lauren Vigiano, 193 Downing St., Buffalo, NY 14220
John Kloepher, 208 Starin Ave., Buffalo, NY 14214
Terence Barnes II, 85 Jewitt Pkwy., Buffalo, NY 14214
Appointment Effective: May 15,2001 in the Department of
Executive to the Position of Intern I at the Starting Salary of:
$7.00/hr
June Taylor, 44 Revere Place, Buffalo, NY 14214
Appointment Effective: May 1,2001 in the Department of
Executive to the Position of Intern I, at the Flat Starting
Salary of: $ 7.00/hr
Valerie Pajak, 79 Frank Ave, Buffalo, NY 14210
Jennifer Vigiano, 193 Downing St, Buffalo, NY 14220
Joseph Deskiewicz, 217 Weimar St, Buffalo, NY 14206
RECEIVED AND FILED
NO. 82
NOTICES OF APPOINTMENTS - SEASONAL/FLAT
I transmit herewith certificates received by me, reporting
seasonal and flat salary appointments made in various
departments.
RECEIVED AND FILED.
Appointment Effective: May 21, 2001 in the Department
of: Administration & Finance, Division of Inventory & Stores
to the Position of: Laborer II (Seasonal) Appointment at the
Flat Starting Salary of $ 6.92 per Hour
Gregory Schultz, 173 Easton Ave., Buffalo, NY 14215
Appointment Effective: May 14, 2001 in the Department
of: Administration & Finance, Division of Inventory & Stores
to the Position of: Laborer II (Seasonal) Appointment at the
Flat Starting Salary of $ 6.92 per Hour
Patrick N. Dunbar, 44 Euclid Place, Buffalo, NY 14210
AMENDED Certificate of Appointment
Appointment Effective: in the Department of Assessment
and Taxation
to the Position of Clerk, Seasonal at the Flat Starting Salary
of $8.00/hour
Marlena Matthews, 243 Loring Avenue, Buffalo, NY 14214
Appointment Effective: May 23, 2001 in the Department of
Public Works, Parks and Streets, Division of Parks to the
Position of Fee Collector, Seasonal Appointment at the Flat
Starting Salary of $8.00/hour
Joanne Morey, 8 Taunton St, Buffalo, 14216
Appointment Effective: 5/14/2001 in the
Department of Law to the Position of Intern V,Seasonal
Appointment at the Flat Starting Salary of: $8.00/hr
Martin P. McCarthy II, 143 Okell Street, Buffalo, New York
14220
Appointment Effective May 29, in the Department of Public
Works, Parks Streets, Division of Parks to the Position of
Laborer II, Seasonal, Non Competitive at the Flat Starting
Salary of: $ 6.92/hr
Nathaniel Suchyna, 83 South Pontiac, Buffalo 14206
Appointment Effective: May 28,2001 in the
Page 34
01-0529-ss0522.txt
Department of Public Works, Parks, Streets, Division of
Recreation to the Position of Laborer II
Seasonal, Non competitive at the Flat Starting Salary of: $
6.92/hr
Gary Augustiniak, 302 Kensington, Buffalo, 14214
Jason Banas, 228 Esser, Buffalo, 14207
Appointment Effective: May 21,2001 in the Department of
Public works, Parks, Streets Division of Recreation to the
Position of Laborer II Seasonal Non competitive all the Flat
$ 6.92 Brandon Banas 228 Esser Buffalo 14207 Malik
Blyden 164 Parkridge Buffalo 14215 Brian Carr 160
Tuscarora Buffalo 14220 Lyndell Lipscomb 156 Fosdick
Buffalo 14209 Kevin O'Neil 866 Abbott Road Buffalo 14220
Jose Ramirez 204 Bird Avenue Buffalo 14213 Jim Wilkinson
83 Philadelphia Buffalo 14207
Appointment Effective: May 14, 2001 in the Department of
Public Works, Parks & Streets Division of Engineering to the
Position of Laborer II Seasonal Non-Competitive Starting
Salary of: $ 6.92 hr. Jacob Jung 88 Cumberland Ave.
Buffalo, NY 14220
Appointment Effective: May 23,2001 in the Department of
Public works, Parks, Streets Division of Parks to the
Position of Laborer II
Seasonal Non-Competitive at the flat Starting Salary of: $
6.92
Kevin Vonder Empten 86 Mayer Avenue Buffalo 14207
William Price Jr. 59 Gatchell street Buffalo 14212
John Peterson 434 Potomac Avenue Buffalo 14213
Appointment Effective:'. May 21, 2001 in the Department of
Public Works, Parks and Streets Division of Streets to the
Position of
Seasonal Laborer II Non-Competitive at the: Flat $
6.92/hour
Justin R. Collins 44 Hayden Street Buffalo, NY 14210
Shawn Brown
33 Carl Street Buffalo, NY 14215 Nicholas L. Cordova 36
Auchinvole St. Buffalo, NY 14213 Jack Eskridge 306
Hudson Buffalo, NY 14204
Phillip A. Gaines 217 Dartmouth Buffalo, NY 14215 Howey
J. Giomundo 440 Hoyt St. Buffalo, NY 14213 Mark W.
McKinnon
31 Barry Place Buffalo, NY 14213 Rebecca Nieves 239
Fifteenth Street Buffalo NY 14213 Roshawn Perry 188 E.
Utica Buffalo, NY14208 Frank J. Zorechak 127 Crowley
Avenue Buffalo, NY 14207
Appointment Effective: May 7, 2001 in the Department of
Public Works, Parka and Streets Division of Streets to
the Position of
Darryl E. Balance 91 1 Landon Buffalo, NY 14208 Aaron
Bell
55 Purdy Street Buffalo, NY 14208 Mashi J. Booth 373 E.
Utica Street
Buffalo, NY 14208 Nicholas Derfert 103 Pontiac Street
Buffalo, NY 14206 Kevin Hall 2002 Delaware Avenue Apt. 5
Buffalo, NY 14216
Ricky E. Jenkins 286 Reed Street Buffalo, NY, 14211 Mark
E. Mosca 588 Dorrance Buffalo, NY 14218 Michael A Moss
54 Montclair Buffalo, NY 14215 Matthew O'Grady 212
Summit Buffalo, NY 14214 Sam A. Fasanello 605 Starin
Avenue Buffalo, NY 14216
REFERRED TO THE COMMITTEE ON CIVIL SERVICE.
NO. 83
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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: May 21, 2001 in the Department of
Administration and Finance Division of Parking Enforcement
to the Position of Junior Traffic Clerk Provisional
Appointment
at the: Minimum Starting Salary of: $23,949 Jacquelyn S.
Mott
57 Chatham Avenue Buffalo 14216
Appointment Effective: May 21 , 2001 in the Department of
Community Services Division of Contract Administration
to the Position of Attendant Temporary As Required at the
Flat
Starting Salary of: $ 6.00 p/h Shelby McKinney 94 Fay
Buffalo 14211
CHANGE OF STATUS Appointment Effective: 5/16/01 in the
Department Of Law to the Position of Assistant Corporation
Counsel
Permanent Non-Competitive at the: Minimum Starting
Salary of:
$ 53,069 Actual Anniversary Date 6/5/2000 when he was
appointed temp John C. Jacobs 517 Lafayette Ave., Apt. #1
Buffalo, NY 14222
Appointment Effective: May 14, 2001 n the Department of
Public Works, Parks & Streets Division of Water o the
Position of Account Clerk Permanent Appointment at the:
Minimum Starting Salary of: $25,005 Robyn Tisdale 124
Fairfield Buffalo, NY 14214
Appointment Effective: May 29,2001 in the Department of
Public Works,Parks, Streets Division of Recreation to the
Position of Community Recreation Aide Provisional
Appointment the: Minimum
Starting Salary of: $27,245.00 Nicole Savage 207 West
Ferry Buffalo 14213
Appointment Effective: May 28,2001 in the Department of
Public Works, Parks, Streets Division of Recreation to the
Position of Supervising Lifeguard TA as required at the: Flat
Starting Salary of: $6.50 Magdalia Crepso 379 Military
Buffalo 14207 Katherine Healy
316 Eden Buffalo 14220 Maria Matos 113 Argus Buffalo
14207
Brian Ray 48 Gibson Buffalo Irving Scrievens 311 Cornwall
Buffalo 14215 Jamie Ziolkowski 287 Choate Buffalo 14220
REFERRED TO THE COMMITTEE ON CIVIL SERVICE
NON-OFFICIAL COMMUNICATIONS, PETITIONS AND
REMONSTRANCES
NON-OFFICIAL COMMUNICATIONS
NO. 84
COMMENTS SETBACK ORDINANCE
Dear Mr. Paladino:
Thank you for copying the Friends of the Buffalo River on
your letter to Corporation Counsel Risman dated May 9,
2001.
It's too bad that you didn't contact us before writing that
letter, because it is evident that you are badly misinformed
about the nature and coverage of the proposal we have
made, and as a result you seem to be attacking a "straw
man" rather than addressing the merits of the draft
Page 36
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ordinance that is currently under consideration. (I have
enclosed a packet of materials detailing the Friends'
proposal, which address all of the concerns stated in your
letter.) Specifically, your comments are off base in the
following
respects:
I You assume, contrary to fact, that the setback proposal
would apply to your property at 399 Ohio Street. In fact, the
proposal we submitted would only apply upstream of the
Ohio Street Bridge, whereas 399 Ohio is downstream of the
bridge and would not be covered. We selected this
demarcation line because the patterns of development are
generally different above and below the Ohio Street Bridge:
downstream there is more intensive development, closer to
the waterline, and on smaller lots. Above Ohio Street, where
there is more abandoned land in larger tracts,
setback requirements are less likely to interfere with
beneficial economic development, and indeed may well
enhance the value of residential and commercial
development in that area. There are also more opportunities
for restoring significant fish and wildlife habitat upstream of
Ohio Street than there are downstream.
2. You also assume, again contrary to fact, that a marina
development on your Ohio Street property would be
prohibited by the proposed setback ordinance. The draft
ordinance, as you will see, clearly exempts water-dependent
uses (such as marinas), and also water-enhanced uses.
3. The legal research set forth in your letter is inadequate
and misleading because it is significantly out of date
(including omission of one case I would have expected you
to cite, Dolan v. City of Tigard, 512 U.S. 374, 1145 S.Ct.
2309, 129 L.Ed.2d 304 (1994), which is actually a bit better
support for the position taken in your letter than either Nollan
or Lucas). The key omissions in your analysis are the U.S.
Supreme Court's decision in City of Monterey v. Del Monte
Dunes at Monterey, Ltd., 526 U.S. 687, 119 S.Ct. 1624, 143
L.Ed.2d 8 82 (1999), and the New York Court of Appeals'
adoption and elaboration of the Del Monte Dunes approach
in Bonnie Briar Syndicate, Inc. v. Town of Mamaronek 96
N.Y.2d 96, 721 N.E.2d 971, 699 N.Y.S.2d 721 (1999).
These cases make it clear that cases involving
"development exactions" (demands that a developer cede
property rights in exchange for permission to develop) are to
be judged by a different, and more stringent, standard than
general land use regulations such as the proposed modified
setback ordinance. General land use regulations are to be
judged by two tests: (1) Does the land-use provision or
decision substantially advance legitimate public interests,
and (2) Has the landowner been deprived of all economically
viable use of the property?
Judged by these criteria, the proposed ordinance easily
passes constitutional scrutiny. The public interests stated in
the proposed ordinance are as follows:
"there is a need to maintain, for the public good, sound
development consistent with this major resource, and a
concurrent need to maintain the natural scenic quality of the
entire waterfront, , while allowing for proper development
therein. Requiring new development along the river that is
not water-dependent to be set back from the shoreline will
improve water quality by filtering nonpoint source runoff of
pollutants, enhance fish and wildlife habitat along the river,
improve flood and erosion control, and enhance the
aesthetic and recreational experience of those who are
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using the river and its shorelines."
Buffers, setbacks, and filter strips are well-established
management practices for protecting and enhancing water
quality and fish and wildlife habitat. As the National
Academy of Sciences noted, "rivers and their floodplains are
so intimately linked that they should be understood,
managed, and restored as integral parts of a single
ecosystem." (Restoration of Aquatic Ecosystems, pp.
184-85, 1992.) The national nonprofit organization American
Rivers describes the importance of riparian (riverside)
vegetation in the following terms:
A healthy riparian zone is vital to the health and diversity of
a wide variety of fish, birds, and wildlife. Riparian zones are
often the sole available habitat for amphibians and
invertebrates that need moist conditions.
Riparian vegetation provides food and habitat for birds and
other animals. Even aquatic species like fish benefit from a
healthy riparian zone. Canopies of plants and trees shade
the river and keep temperatures cool.
The roots of riparian plants create overhanging banks which,
along with logs and root wads in the stream, provide habitat
for fish and other aquatic organisms. Leaves and other
organic matter fall into the water and serve as the base of
the food web.
The riparian zone is a buffer
The native plants and trees in a healthy riparian zone act as
a filter and prevent harmful sediment and contaminants, like
fertilizers and pesticides, from washing into the river. Plants
and trees growing in the riparian zone help to stabilize the
soil and reduce erosion.
A hundred foot buffer is generally considered a reasonable,
if not minimal, setback in order to protect riverine water
quality and fish and wildlife habitat. The federal Natural
Resource Conservation Service's Conservation Practice
Standard for Riparian Forest Buffer (Code 3 9 1, August
2000) recommends a minimum width of 100 feet or 3 0
percent of the floodplain. ftp://ft
-%v.iircs.usda.ggyZpub/iihct)/DW391. See also NRCS,
Buffer pA Effectiveness, Technical Note 7, April 2001,
ftp://de.usda.ggy/pub/tgcli/4170IBufferTechNotePublshd.
Tom Schueler, "The Architecture of Stream Buffers," in
Watershed Protection Techniques, vol. 1, no. 4, 1995 ("In
general, a minimum base width of at least 100 feet is
recommended to provide adequate stream protection.").
Open space provided by setback requirements can also
enhance not only the experience of river users, but also the
value of properties located along the river (see., e.g., Steve
Lerner and William Poole, The Economic Benefits of Parks
and Open Space: How Land Conservation Helps
Communities Grow Smart and Protect the Bottom Line
(1999)).
Thus, as a technical and a policy matter, the setback clearly
advances a legitimate public interest.
The second takings test, whether landowners could be
deprived of all economically viable use of their property,
should never come into play because the draft ordinance
specifically deals with this issue in two ways: (1) a
landowner can get an exemption if application of the
ordinance "would deprive the landowner of all economically
viable use of the property"--the constitutional test for a
taking in situations of this kind; and (2) existing uses are
"grandfathered" through a provision which states, "Any use
or structure in existence on the date when this section takes
Page 38
01-0529-ss0522.txt
effect which would be in violation of the riverfront yard
requirements of this section may continue as a non-
conforming use, for so long as the use or structure is not
substantially modified." It should also be noted that
landowners affected by the setback ordinance would have
full rights to exclude anyone they wish from all of their
properties, including the areas
covered by the setback, and we agree with your statement
that "if the City is seeking an easement for public access
over the Buffalo River shoreline, it must pay for it." Thus,
your assertion that the City "is attempting to create an
easement for public access to the Buffalo River under the
disguise of a setback requirement" is both wrong, and a
cheap shot.
4. Finally, our review of existing land uses within the portion
of the Buffalo River that would be covered by this ordinance
indicates that only a small number of properties would be
affected. Currently, there are only 59 structures within 100
feet of the river within the zone covered by the ordinance (all
of which would be grandfathered, as indicated above), and
about a third of these involve water-dependent uses that
would be exempt in any case.
It's a shame that we have to address these issues through
"dueling legal memos," because I suspect that we don't
differ very much on the merits. Since our organization came
into existence, the Friends of the Buffalo River has generally
sought to find ways to make economic restoration and
economic redevelopment mutually supportive. South Buffalo
desperately needs investment, jobs, and an improved
commercial climate; but the history of the area shows that
development without regard to environmental quality has
devastating long range effects on the community. The real
challenge is to restore the degraded environment so that the
river can become an asset both ecologically and
economically, rather than a liability. A few years ago, our
organization acquiesced in the decision of the City and
County to defer construction of a fish habitat area at the
"Deadman's Creek" area across from the Conway Park
because, as we understand it, your company raised
concerns that this might interfere with the development
plans described in your letter. We believe that a marina and
housing development along the lower Buffalo River could, if
done properly, be good for both the economy of the City,
and its environment. We'd like to be able to support you in
that effort. We shouldn't be fighting over hypothetical or
imagined proposals; there are plenty of real problems to
deal with on the Buffalo River.
If you would like to pursue these issues or other matters
relating to the River further, we would be happy to meet with
you.
RECEIVED AND FILED
NO. 85
CONCERNS-UTILIZE PORTION CARY ST
As the General Services Administration's (GSA) property
manager for the Thaddeus Dulski Federal Building I wish to
bring to the attention of the Legislation Committee, GSA's
ongoing mandate to provide a safe and secure workplace for
the nearly 1200 Federal. employees who work in the Dulski
Building on a daily basis.
It is in furtherance of this mandate that I am asking the
Committee to afford GSA an advance opportunity to formally
review and comment on Benderson Developments plans to
Page 39
01-0529-ss0522.txt
utilize a portion of Cary Street for hotel guest parking. While
GSA has thus far not been made privy to the details of this
plan, we have obvious concerns a bout the impact of such a
plan on the security and safety of our Building.
In my five years here in Buffalo, I have been gratified by the
City's ongoing recognition of the urique concerns of the
Federal community with respect to adjacent property
development projects. I trust that the Legislation Committee
will treat this issue with a similar recognition, and I can
assure you that, in return, every effort will be made to
conduct a timeky GSA review of the Benderson proposal
Thank you for your cooperation in this matter.
RECEIVED AND FILED
NO. 86
MCCARTHY PARK
Due to the unexpected resignation of Robekkah Taylor, I
have assumed the presidency of Kensington Little League,
On May 15, 2001, 1 spoke with Commissioner Nowicki and
was shocked when he informed me that we would be unable
to play at McCarthy Park thi3 season- He stated that the
outfield grass had not grown enough to allow us to play. He
further stated that the fields would have to be re-seeded and
the grass grown, before he could release the contractor This
is virtually the same excuse we have been given for the past
two years.
Our season is scheduled to begin immediately 2nd this
information, coming as late as it did, not only jeopardizes
our season, but the very existence of our league. Our
visibility at McCarthy Park has always attracted now children
to our program.
We cannot help but feel that for some reason, the City does
not want us back in McCarthy Park, our home for almost fifty
years.
You have always been a friend and supporter of Kensington
Little League and we need your help to insure that we ran
begin our season at McCarthy Park. We appreciate any
assistance you can render.
If you have any questions or need further information please
contact me,
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE COMMISSIONER OF PUBLIC WORKS, PARKS AND
STREETS
NO. 87
S. GODZIAZ-REQ PERM PURCHASE 281 PADEREWSKI
Attached correspondence available for review in City
Clerk's Office.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
COMMISSIONER OF REALESTATE
NO. 88
B. GRANT-V CRAWFORD-BANKS-CONCERNS
POLICE/911 RESPONSE INCIDENT 258 MINNESOTA
AVE
Ladies and Gentlemen:
Tuesday, April 17'h, 200 1, at approximately 1:30AM, a
situation occurred at my home located at 25 8 Minnesota
Ave in Buffalo, NY.
One Teresa D. Heard of 51 Burgard St., also in Buffalo NY,
brought to my home, approximately, 13 men, to intentionally
harass me and my family, and destroy my property. Ms.
Heard accomplished this by beating on my windows, kicking
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in the side door of my home, yelling obscenities to my
husband and me, and having the men that she brought with
her come with weapons. Upon doing this, Ms. Heard
endangered the welfare of my seven children (two of who
belong to her and my husband from their previous marriage)
who were in the home at this time.
At the start of this situation, I immediately called 911. My
issue is that I had to call 911 four times, of which one time I
was hung up on, before Buffalo Police arrived on the scene.
The 911 dispatchers were very rude, obnoxious, and
uncaring. Not only that, but when Buffalo Police did arrive,
they did not come to my home to see if we were ok. They
first went to the comer of my block, spoke with Ms. Heard
and the assailants that were down there, determined that
they were intoxicated (this came directly from the officer's
mouth) and made the decision to let them go. In the
meantime, the other assailants were still in front of the
house and kicking on the side door. I relayed all of this
information to the 911 operator, and her response was for
my husband to leave the safety of our home and walk out
among the assailants, and go and get the police! While
trying to explain to the 9 11 dispatcher what a not so bright
idea that was, she then became irate and yelled, "then you
go!", and this continued until the assailants around the
house were told by the other assailants leaving the scene, to
come on. The Buffalo Police then made the decision to
come down to our home (but by then, they had informed
everyone to leave without taking any names or making any
arrest)
Upon their arrival to our home, they found the door kicked in,
the children upstairs, and my husband, my father, and me,
hysterical and highly upset!
We immediately asked why no one responded to our home?
Their response was, "our first priority was to break up the
commotion on the street." Our next question was why did
they let everyone go? Why was no one detained or
arrested? Their response was, "we seen that they were all
intoxicate and told them that what they were doing was
wrong and made the decision to let them go." Our next
statement was that not only did they let them go without
taking their names or knowing whether or not they would
return, but they let them drive while under the influence.
Their response was that one thing has nothing to do with the
other and that what was done was done. Our response was
that we made the 911 call and no one responded to us, and
someone could have been hurt or dead and they let
everyone go without even getting a name. Their response
was that there was miscommunication between them and
the 911 dispatches and this happens sometimes. They were
told by dispatch that this was just a domestic dispute. Our
response was that now that you know what the real situation
is, why can't you go and arrest them? Their response was
that because they have already spoken to them in the street,
that they cannot question them again. This line of questions
and answers continued for a while, and the officer finally
agreed to contact Ms. Heard by telephone at her home. The
police found, as we had previously stated to them, that Ms.
Heard and the other assailants were at her home. We then
asked the officers to then arrest them now that they have
the whole picture because we wanted to press charges. The
officers again stated that they could not do this because
they had already spoke to them on the street.
I stated to the police that I personally wanted to press
Page 41
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charges against Ms. Heard for harassment, criminal
mischief, and child endangerment. The house is in my
name, Ms. Heard directly played a part in damaging my
property, and Ms. Heard intentionally brought those men to
my home where Ms. Heard knew that my children were. The
officers denied me a warrant card and stated that they had
to write it up as a domestic dispute because Ms. Heard and
my husband had children together. We informed the officers
that this situation had nothing to do with the children, and
Ms. Heard herself advise the officer on the phone that this
was not an issue
involving the children. The officer still denied me a warrant
card and again stated that they were writing it up as a
domestic dispute, and did just that.
Later that morning, I went to family court to file charges
against Ms. Heard. I was then told that I could not, that my
husband would have to file charges on her in family court
and that I would have to file criminal charges. I explained to
them that the officers had denied me a warrant card, and
was told that they were not able to do that and to go to the
precinct and get one.
The next day, Wednesday April 18'h, My husband and
myself went to E-district station so I could file a criminal
complaint and have a warrant card issued. A detective
Blarse told me that she too had to deny me a warrant card.
Again, because the officers had already wrote the complaint
up in my husbands' name and stated that it was a domestic
issue. Detective Blarse stated that initially, I should not have
been denied a wan-ant card based on the information. She
then directed me to the warrant clerks office where she said
to explain the situation to her and they maybe able to write
the warrant up correctly.
The next day, Thursday April 19, My husband and I went to
the warrant clerks office. I explained the situation and she
agreed that the warrant was to be issued in my name. The
warrant clerk then set a court date for May 8, 2001 at
9:30am, The warrant clerk then directed me to the DAs
Office Victim/Witness Assistance Program for
representation.
My husband, a deacon, and I, a board member of the
Gethsemane Foundation are both fulltime and active
members of Gethsemane Missionary Baptist Church under
the Leadership of the Rev. Dr. Herbert Vincent Reid. We
both have full -time careers. We own two well kept houses in
the University district. We have children that attend school in
this city. We also own a business, which will provide multiple
services to the children in the community. In addition, we
both make it a personal commitment to vote. We would like
one of you to tell us why, with as much as we put into the
community, we should not be able to call on and count on
the Buffalo Police Dept. when we need them. Was this a
racial incident, based on the area that we were calling from?
Was it just incompetence on the part of the Police Dept. and
the 911 dispatch operators? On the other hand, was it both?
REFERRED TO THE COMMISSION ON CITIZENS
RIGHTS, THE COMMISSIONER OF POLICE AND THE
CORPORATION COUNSEL COMMISSIONER OF
NO. 89
B. GRANT-N. GARRISON-HAZ CONDITION 89
WESTMINISTER
NOTICE OF HAZARDOUS CONDITIONS
Please declare the broken sidewalk in front of Mr.
Page 42
01-0529-ss0522.txt
Napolean Garrison's home at 89 Westminister Ave., Buffalo,
New York 14214 as an extreme hazard. My office has also
received several calls from Mr. Garrison who has been
inconvenienced greatly.
Please file a Notice of Hazardous Condition, and refer the
matter to the Department of Public Works.
Thank you for your prompt attention to this matter.
RECEIVED AND FILED
NO. 90
B. GRANT-D. MOODY REQ TRAFFIC LIGHT
LISBON/PARKRIDGE
Please late file enclosed correspondence for Tuesday,
May 15, 2001 Full Common Council meeting.
Thank you for your attention to this matter.
REFERRED TO THE COMMITTEE ON LEGISLATION,
THE COMMISSIONER OF PUBLIC WORKS AND THE
COMMISSIONER OF POLICE
NO. 91
B. GRANT T. STRONKA HAZ CONDITION 55 ALICE
I am writing as a concerned city of Bufflalo resident. I am
a senior citizen living on 55 Alice Ave for 78 yrs. I take pride
in my home and my landscaping, I have repeatedly made
calls with concern about a large tree in the front section near
street, this tree is a nuisance it is lifting the sidewalk and
causing major drainage problems with the sewer. I have had
service repeatedly and am tried of no satisfaction with the
city. I now have included the copies of last billing for calling
in a service called Roto Rooter. I am on a limited income
and find it hard to make ends meet each time I have to pay
out this fee for a problem that my taxes should resolve. I will
anxiously wait for your response. My next recourse is the
Mayor or the news I'm at my wits end.
REFERRED TO THE COMMITTEE ON CLAIMS
NO. 92
241 & 347 LASALLE AVE.
207 MINNESOTA AVE.
131 ROUNDS & 152 ROUNDS AVE.
ROUNDS&BAILEY AVE.
114 & 115 SHIRLEY AVE.
The above listed properties are in need of repair. Please
refer to the photos of each property included with this letter.
Many of these homes have been in their current condition
for a couple of years!!!!
What will it take for your city workers to crack down on poor
housing.
REFERRED TO THE COMMITTEE ON LEGISLATION AND
THE COMMISSIONER OF INSPECTIONS AND PERMITS
NO. 93
B. GRANT-P. HOTUNG PROGRAMS TO EDUCATE
YOUTH ON HIV/AIDS
Dear Mr. Dove:
I am writing this response on behalf of Mayor Anthony A
Masiello. As Commissioner of the Department of
Community Services, I agree with you wholeheartedly.
Programs to instruct and educate people, especially our
youth, are essential to help prevent HIVAIDS and other
STD's.
I would recommend that your contact University District
Council Member Betty Jean Grant and discuss with her your
Page 43
01-0529-ss0522.txt
concerns. Council Member Grant has set up a program at
Kenfield Langfield very similar to what you mention in your
letter. Her direct number is 851-5165. 1 would also
recommend that you contact the County of Erie at 858-8500.
The County also has programs established which relates to
your concerns.
I will forward a copy of your letter to Council Member Grant
and also the County of Erie. I am sure that you will be able
to obtain information regarding* programs already in
operation.
If you have any additional questions or concerns, please feel
free to call me at 851-4001.
RECEIVED AND FILED
NO. 94
M. HERNANDEZ-REQ NEIGHBORHOOD PARTICIPATION
CENTRAL POLICE CAMPUS
It has come to our attention that the Buffalo Police and
Erie County Sheriffs's Department and other police agencies
throughout the county are currently conducting a feasibility
study to build a central police campus on what is now known
as Fr. Conway Park located between Louisiana and Ohio
Streets.
We, as taxpayers and landowner in this community feel that
we should be included in the planning process because a
project of this size will certainly impact the quality of life in
our neighborhood. The Zoo debate should serve as an
example that there is no winner when the community is not
involved in the planning process. We would like to work
together with the planning committee so that everyone is
happy with the outcome.
Our coalition's mission is to address quality of life issues
such as this and we feel it would be mutually beneficial that
we be included in the planning process. We are appealing to
you as city and county legislators to make that happen. I can
be reached at 845-6037.
REFERRED TO THE COMMITTEE ON POLICE
REORANIZATION AND THE COMMISSTONER OF
POLICE
NO. 95
P. HOTUNG-CHANGE ADDRESS TO LIBERTY BLDG
As the owners of the Liberty Building, we request that the
City o(Buffalo Common Council pass a resolution to change
the Liberty Building's primary address from 424 Main Street
to "Liberty Building" and there after designate "424 Main
Street" as the Liberty Building's alternate or secondary
address.
Our tenants, including several law firms, are experiencing
problems with the delivery of their mail. The designation of
the prestigious "Liberty Building" as the primary address
should help, with our mail deliveries. La addition, with no
vehicular traffic on Main Street, the building instead of the
street address is more meaningful.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 96
V. JACKSON PURCHASE PARCELS OF LAND 25 & 27
WASMUTH ST
I am writing in response to our recent conversation,
regarding the two (2) parcels of land which are located at 25
and 27 Wasmuth Street.
These two parcels of land are adjacent to my property and I
Page 44
01-0529-ss0522.txt
would like to purchase them in order to expand my land
under the Homestead Act.
This land at present is laying idle and by this purchase I will
be able to expand my land as well as helping to improve the
appearance of our neighborhood.
Any assistance you can provide in this matter would be very
much appreciated. I look forward to hearing from you in the
near future. I can be reached at the above number at your
convenience. Thank you in advance for your time and your
consideration.
REFERRED TO THE COMMITTEE ON FINANCE AND THE
COMMISSIONER OF REALESTATE
NO. 97
R. KWARCIAK-CONCERNS 116 FREDRO ST
I petition the committee to address a problem that exist at
116 Fredro St., Buffalo, N. Y. 14206, by passing the
necessary legislation.
The owner of the property is dumping all the water that
collects on the roof on the north side of the house adjacent
to the house and it is going under his crawl space.
The Department of Inspections claims that it violates no
current city or state codes (letter attached).
I dispute their findings and brought the problem to the
attention of, Mr. Peter Savage, Special Assistant to the
Mayor. Mr. Savage brought my pictures of the situation to
the attention of the City Engineer and he stated that
structural damage will result to the property if the situation is
not corrected.
The Department of Inspection is adamant that they can do
nothing about the situation. I asked that Mr. Savage get a
ruling from the city's law department and he sent the
material I provided him to Mr. Darryl McPherson. Mr.
McPherson had over two months to reply to the material and
hasn't. This is after e-mails and voice message left by Mr.
Savage.
I would like to be in attendance at the committee meeting
that this matter is addressed.
REFERRED TOTHE COMMITTEE ON LEGISALTION,
CORPORATION COUNSEL AND COMMISSIONER OF
LICENSES AND PERMITS
NO. 98
D MAREK CONCERNS ISSUES SOUTH DISTRICT
I am pleased to see that the Council can find the man
power and know when to seek advice on such an important
resolution such as anti-loitering. What really amazes me is
that after talking to a certain councilmember, who said that
there are not enough funds for more officers, that the city
knows where to look for assistance on such an important
bill. I call into question though of the man power, time, and
money that is willing to be put forth on such a matter.
In my District alone, in just a matter of a few weeks, we
faced an attempted rape of an elderly women, and two boys
who were beaten and threatened. I would of expected at
least from my district councilmember to have responded to
these issues with a push for more officers. Even businesses
have requested for more police presence, a denial to them,
well you might as well have laughed in their faces.
I urge Council with all their good intentions to remember who
pays for these services, and to set their priorities straight.
South District Council Candidate,
RECEIVED AND FILED
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01-0529-ss0522.txt
NO. 99
M. MASIELLO-WAIVE RENTAL FEES AMERICAN HEART
ASSOC
I am seeking Common Council approval to include the
American Heart Association Home Run Derby as per
Common Council Proceeding #208 in which rental fees
would be waived while covering incremental costs at Dunn
Tire Park for the 2001 season,
The event is scheduled on June 16, 200 1,
As always, your assistance is appreciated.
Mrs. LoTempio moved:
That the above communication from the Director of Dunn
Tire Park dated May 25, 2001 be received and filed; and
That the Director of Dunn Tire Park be, and he is hereby
authorized to waive the rental fees for the American Heart
Association Home Run Derby on June 16, 2001 for use of
Dunn Tire Park
PASSED
AYES -12 NOES - 0
NO. 100
H. NATH-REQ SUPPORT FOR RIGHTOUS BABE
RECORDS PROJECT
I am writing in regards to die Asbury) Delaware United
Methodist Church on Delaware Avenue Tupper Street. I~ as
well as many other people have. known for sometime now
that the Buffalo based music performer/record label owner of
Righteous Babe Records, Ani Difranco is interested in
turning the 130 year old church into her main office, as well
as a venue for local and national music performers to play. I
have also read in The Buffalo News that the city purchased
the building for $175,000 in efforts to save the building due
to its extensive history- thanks to our local Preservation-
Board. This was a smart move, and I thank you for it ... for I
live on the 700 block of Main St. in Downtown Buffalo and
wish to keep the integrity of the area in which I live.
I also road that the estimated renovation costs for this site
was approximately $4 million dollars. This is a hefty price for
any one person. or organization to pay. However, it is in my
opinion, as well as many others whom I have spoken to, that
if this plan is to become a reality, Righteous Babe Records
will need the help of many organizations, including those of
die City of Buffalo, the Preservation Board, and any other
local organizations that exist with the Sole purpose of
revitalizing this dying city of ours (particularly he Downtown
area), and remaining to entice her current residents to
continue residing here, as well as keeping local college
graduates within the City of Buffalo, (as they are a major
target of Buffalo's main interest) and attracting new
residents into this city. If Righteous Babe Records does not
receive some sort of help in making this
I would hate to see the Asbury Delaware United Methodist
Church on Delaware Avenue at West Tupper
Street to continue to waste away. If it Is a concern of our
local Preservation Board 'to keep this building steps should
be taken immediately to assist the only organi7ation
interested in m2kinggn investment in the property, If not
them, who else will'? Many organizations in Buffalo claim to
be dedicated to causes like this one. I have taken some
direct quotes from area organization official websites:
The Preservation Coalition of Etie County says:
"The purpose of this organization is to encourage, assist and
Page 46
01-0529-ss0522.txt
promote the preservation, protection and restoration of the
built environment of Erie County, including architecturally
significant buildings, structures, neighborhoods, Parks, and
vistas, for the cultural.. physical, spiritual and economic
benefit of tile residents of Erie County and visitors.-. and to
help save buildings, neighborhoods', ways of life" -quote
Buffalo Econormic: Renaissance Corp. (BERC) says:
BERC Goals
1. Retain existing companies
2. Help create new land develop opportunities3.
3. Offer the best business development services in the
country
4. Offer flexible lending products to businesses within the
City of Buffalo
5. Support and assist small and emerging companies
BERC Mission Statement
See attached City clerk's Office
RECEIVED AND FILED
NO. 101
BNRC PERSONAL SERVICE CONTRACTS
Per your request, the following is a list of the current BNRC
Personal Service
Contracts:
Daniel E. Kwiatkowski 3142 East River Road Grand Island,
New York 14072 Project: HOZO Amount: $5,000
Byron Brewer, CPA
899 East Delavan
Buffalo, New York 14215
Project: Accounting Services
Amount: $15,600
Stuart Alexander and Associates
1260 Delaware Avenue
Buffalo, New York 14209
Project: Housing & Comprehensive Plan
Amount: $54,000
Rachel Woodard 628 W. Delavan Ave., Apt. 1 Buffalo, New
York 14222 Project: Weed & Seed Amount: $21,000
David Schaff
250 Park Forest Dr.
Williamsville, New York 14221
Project: Computer Programming
Amount: $5,000
Please call me @ x4182 if you should have any questions.
REFERRED TO THE COMMITTEE ON COMMUNITY
DEVELOPMENT
NO. 102
RESIGNATION CITY COURT JUDGE J. MARIANO
We have been informed of the following:
The Hon. John E. Mariano, City Court Judge, Buffalo (Erie
County), has retired, effective April 27, 2001.
RECEIVED AM FILED
NO. 103
SQUAW ISLAND
We are writing to urge you to postpone the resolution
proposed to designate Squaw Island as a city park. It is our
understanding that this vote is scheduled to occur Oil May
29, 200 1.
As you are aware, the International Railroad Bridge, which
passes over Squaw Island, may provide an alternate
Page 47
01-0529-ss0522.txt
route for expansion of Peace Bridge capacity. We believe it
is important that community leaders consider the potential
for bridge capacity expansion outside of Front Park arid that
all alternatives should be kept available until all
environmental reviews are completed.
It is our understanding that the environmental review for the
proposed park project will not be completed until November
200 1. Therefore, there is no reason to rush to judgment on
this designation when all relevant information has not yet
been accumulated, presented and digested.
The designation of Squaw Island as a "park" needs sufficient
environmental study, a plan for development. and identified
resources to rehabilitate and maintain the space. While we
understand that work has been done on this project, we
would hope that all of this relevant information would be in
place to assist you with your decision. Indeed, at a time
when Buffalo's existing parks, including its historic Olmsted
park and parkway system, are insufficiently funded and
maintained, it is imperative that a financial plan be in place
so the city can successfully take
on this responsibility.
It is possible that this plan may prove reasonable or
desirable with further study. However, at this stage, we
believe a rush to judgement is premature and urge you to
postpone the vote until May 29.
We would welcome an Opportunity to speak with you
concerning these and other park issues. We sincerely thank
you for your past support of Buffalo's Olmsted Park and
Parkway system and look forward to your continued support
in the future.
RECEIVED AND FILED
NO. 104
A. VOLAT-VARIOUS IDEAS REVITALIZE CITY
There are many ways the city can reinvent itself I would to
like present several ideas that might help change the
makeup of the city's financial security and help increase the
population.
This idea would have to have city, county, state and federal
government support. They would all have to work together to
bring about contracts (leases) with foreign governments. I
look at this as an Olympic village type of opportunity.
In the lease agreement for rehab, to defray the cost, the city
would have to have United States government support, as
the cosigner. If the country defaults the U.S. government
picks up the lease cost.
Taking unproductive sections of the city and developing
them into up scale areas, you then leasing them out to a
foreign government. Said governments that are hoping to
send their people here for four academic years, and then a
new group comes in. Hopefully some of these people will
wish to stay and invest in this area. At any rate this would
encourage economic development for the area, as these
people would need to shop and be entertained. By putting in
many amenities the site will attract a higher price on the
lease.
Sounds like a way to get the population back in the city, and
money into the treasury.
For example: You could take the vacant apartment houses
that are on Fillmore Ave., between East Delaven Ave. and
Kensington Ave. off the Kensington expressway, and lease
these properties to said governments. They could be used
as housing of their people to come here, and go to the many
Page 48
01-0529-ss0522.txt
different schools, and other notable industrial training
facilities in the area.
Another idea would be to look at our population of baby
boomers, soon to be senior citizens. They will be thinking in
terms of selling the large homes and going into condo's or
apartments. Why can't the city help develop areas that are
residential but in need of more/ better housing and put up,
with government aid, energy efficient and handicap
excisable housing. Such as on Elmwood Ave. near
Lafayette, where there is vacant land and rental properties,
there could be a larger complex of new apartments or
condo's therefore bringing more people into the area.
RECEIVED AND FILED
NO. 105
MEMORANDUM
NIAGARA MOHAWK PROPOSAL (ITEM #22
LEGISLATION COMMITTEE AGENDA
(#150 C.C.P. MAY 15, 2001)
On May 10, 2001 the Buffalo News ran an inaccurate
article regarding the proposed sale of our nuclear assets. On
May 12, the Buffalo News ran a correction. (Attachment 1 &
2). The same inaccuracies are also present in the resolution
before you. For the record, I respectfully request the
comments below be taken into consideration regarding this
resolution and entered into the official minutes of the
meeting.
Niagara Mohawk is not seeking a rate hike to cover a
shortfall from the pending sale of the plants. Additionally, the
rates Niagara Mohawk Power Corp. customers pay will not
go up as a result of the sale of the plants at Nine-Mile Point
and the recent proposed settlement reached with the staff of
the New York State Public Service Commission.
In fact, thanks to the sale and the accompanying proposed
settlement, our customers will be paying more than $600
million less for the plants than if there had been no sale.
The sale also includes long-term power contracts that will
provide our customers with a reliable source of electricity at
a competitive price for the next 10 years.
Also, the 1.1 billion referenced in the resolution will not be
"tacked-on" to customers' bills. That figure is already part of
our current rate base.
It is for these reasons that we are expressing strong
opposition to the resolution in its present form. I respectfully
ask that this resolution be tabled until such time that our
comments can be used to correct any inaccuracies that may
have existed due to the inaccurate article in the Buffalo
News.
If you have any questions, please contact me, Jeffrey
Williams, at 857-4295.
Thank you for you consideration.
REFERRED TO THE COMMITTEE ON LEGISLATION
PETITIONS
NO. 106
MURRAY, AGENT, USE 923 SYCAMORE FOR A HUMAN
SERVICES FACILITY
(HRG. 06/5/01)
REFERRED TO COMMITTEE ON LEGISLATION, THE
CITY
PLANNING BOARD, COMMISSIONER OF STRATEGIC
PLANNING
Page 49
01-0529-ss0522.txt
NO. 107
R. ALSHEIMER, OWNER, USE 1040 DELAWARE FOR
OFFICES
(HRG. 06/5/01)
REFERRED TO COMMITTEE ON LEGISLATION, THE
CITY
PLANNING BOARD, COMMISSIONER OF STRATEGIC
PLANNING
NO. 108
Y. ALI, AGENT, USE 3223 BAILEY FOR GARAGE/USED
CAR
SALES
(HRG. 06/5/01)
REFERRED TO COMMITTEE ON LEGISLATION, THE
CITY
PLANNING BOARD, COMMISSIONER OF STRATEGIC
PLANNING, AND CORPORATION COUNSEL.
NO. 109
M. BROCKMYRE, AGENT, USE 30 PERSIA FOR A
HUMAN
SERVICES FACILITY.
(HRG. 06/5/01)
REFERRED TO COMMITTEE ON LEGISLATION, THE
CITY
PLANNING BOARD, Commissioner OF STRATEGIC
PLANNING
NO. 110
M. BROCKMYRE, AGENT, USE 115 ABBOTT FOR A
HUMAN SERVICES FACILITY.
(HRG. 06/5/01)
REFERRED TO COMMITTEE ON LEGISLATION, THE
CITY
PLANNING BOARD, COMMISSIONER OF STRATEGIC
PLANNING
NO. 111
V. PANAGOPOULOS, AGENT, USE 1122 ELMWOOD AKA
577 FOREST FOR AN OUTDOOR PATIO.
(HRG. 06/5/01)
REFERRED TO COMMITTEE ON LEGISLATION, THE
CITY
PLANNING BOARD. COMMISSIONER OF STRATEGIC
PLANNING
Regular Committees
CIVIL SERVICE
BARBARA A MILLER WILLIAMS CHAIRPERSON
NO. 112
Fairness Among Afr. Amer. Wkrs. -Street s/San Dept.
(#202,2/6)
(CCP#102-Apr. 3, 01)
That the above item be and the same hereby
ADOPTED
REFERRED TO THE SPEICAL COMMITTEE ON
MINORITY BUSINESS ENTERPRISE COMMITTEE
NO. 113
Appointment
Page 50
01-0529-ss0522.txt
Senior Auditor (Inter) (Compt.)
(Item No. 23-C.C.P. May 15, 200 1)
That Communication 23, May 15, 2001 be received and
filed and the provisional appointment of Marian LaMacchia,
stated above at the intermediate salary of $37,204 effective
on April 30, 2001 is hereby approved.
PASSED
AYES - 12 - NOES - 0
NO. 114
Appointment
Associate Engineer (Max) (PW)
(Item No. 47-C.C.P. May 15, 200 1)
That Communication 47, May 15, 2001 be received and
filed and the provisional appointment of Seyed A. Ghasemi
stated above at the maximum salary of $58,134 effective on
April 27, 2001 is hereby approved.
PASSED
AYES - 12 - NOES - 0
NO. 115
Appointment
Recreation Instructor (Inter) (PW)
(Item No. 48-C.C.P. May 15, 200 1)
That Communication 48, May 15, 2001 be received and
filed and the permanent appointment of James Harrington
stated above at the maximum salary of $30,525 effective on
May 14, 2001 is hereby approved.
PASSED
AYES - 12 - NOES - 0
NO. 116
Appointment
Recreation Instructor (Max) (PW)
(Item No. 49-C.C.P. May 15, 200 1)
That Communication 49, May 15, 2001 be received and
filed and the permanent appointment of James Harrington
stated above at the maximum salary of $30,525 effective on
May 14, 2001 is hereby approved.
PASSED
AYES - 12 - NOES - 0
NO. 117
Appointment
Building Inspector (Inter) (PW)
(Item No. 60-C.C.P. May 15,2001)
That Communication 60, May 15, 2001 be received and
filed and the permanent appointment of John P. Plevniak
stated above at the intermediate salary of $39,350 effective
on May 7, 2001 is hereby approved.
PASSED
AYES - 12 - NOES - 0
NO. 118
Appointment
Reimbursement Specialist (Inter) (CS)
(Item No. 64-C.C.P. May 15, 200 1)
That Communication 64, May 15, 2001 be received and
filed and the provisional appointment of Anthony D. Draffin
stated above at the intermediate salary of $27,618 effective
on May 7, 2001 is hereby approved.
PASSED
Page 51
01-0529-ss0522.txt
AYES - 12 - NOES - 0
NO. 119
Appointment
Laborer I (Inter) (HR)
(Item No. 65-C.C.P. May 15, 200 1)
That Communication 65, May 15, 2001 be received and
filed and the permanent appointment of Loretta Mathewson
stated above at the intermediate salary of $10.18 effective
on April 25, 2001 is hereby approved.
PASSED
AYES - 12 - NOES - 0
NO. 120
Appointment
Personnel Assistant (Inter) (HR)
(Item No. 66-C.C.P. May 15, 200 1)
That Communication 66, May 15, 2001 be received and
filed and the permanent promotion of Willie McLaughlin
stated above at the intermediate salary of $28,809 effective
on May 9, 2001 is hereby approved.
PASSED
AYES - 12 - NOES - 0
NO. 121
Appt.-Comm. Relations Advocate (Max) (Cit. Rghts.)
(CCP#67-May 15, 01)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 122
Notices of Appt. -Temp./Prov. /Perm. (C. Clk)
(CCP#80-May 15, 01)
That the above item be and the same hereby is received
and filed.
ADOPTED
Finance
(Betty Jean Grant, Chairperson)
NO. 123
Agreement - Debt Recovery Service - Mercantile
Adjustment Bureau
(Item No. 6 1, C. C.P., May 15, 200 1)
That the Commissioner of Administration and Finance, be
and she hereby is authorized to execute the agreement
between the City of Buffalo and Mercantile Adjustment
Bureau for collection services for unpaid parking violations
and administrative adjudication summonses.
Passed.
AYES - 12- NOES - 0
NO. 124
B. Cohen - Bailey-Amherst Management Assoc. - Budget
2001-2002
Item No. 82, C.C.P., May 15, 200 1)
That the budget for the Bailey-Amherst Management
Association for the 200 1 -2002 fiscal year, as described in
the above communication, be and hereby is approved.
Passed.
AYES - 12 - NOES - 0
Page 52
01-0529-ss0522.txt
NO. 125
Community Beautification Project - 564 Seventh Street
(Item No. 166, C. C.P., May 15, 200 1)
That this Common Council hereby requests the Division
of Real Estate to authorize the use of 564 Seventh Street for
a community garden by the members of P. S.A. at
D'Youville Porter Campus School #3.
PASSED
AYES - 12 - NOES - 0
NO. 126
N. Radice - Concerns - Alleyway Theatre
(Item No. 100, C. C.P., Apr. 17, 200 1)
That the Common Council is in support of providing
assistance to Alleyway
Theatre, Incorporated.
Adopted
NO. 127
Concerns-Alleyway Theatre (Strat. Pl.)
(CCP#10-May 15, 01)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 128
Studio Arena Theatre - Rent Waiver
(Item No. 3, C. C.P., May 1, 200 1)
That the above item is hereby received and filed.
ADOPTED
NO. 129
Exemption for Parent or Grandparent Living
(Item No. 217, C. C.P., May 1, 200 1)
That the City of Buffalo does hereby adopt the provisions
as set forth in the local option, as provided in Section 469 of
the Real Property Tax Law, to become effective with the Tax
Roll for the City of Buffalo for fiscal year 2002/2003. All
terms and definitions of Real Property Tax Law Section 469
shall be applicable to this local law.
Adopted.
NO. 130
Permission to Retain a Construction Manager - Adam &
Augspurger
(Item No. 2, C. C.P., May 15, 200 1)
That the Director of Parking be, and he hereby is
authorized to advertise for and retain a Construction
Manager and an Architect/Engineer for the construction of
the Robert Adam Ramp expansion and the Owen B.
Augspurger addition.
Passed.
AYES - 12 - NOES - 0
Legislation
(Richard A. Fontana, Chairman)
No. 131
Ord. Amendment-Chapter 511 -Zoning
(Item No. -C.C.P.,Mayl5,2001)
That the above item be and the same is returned to the
Common Council without recommendation.
RECOMMENDED BY THE COMMITTEE ON
Page 53
01-0529-ss0522.txt
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 -
Mrs. Duvall
Mrs. LoTempio now moved that the hearing be closed.
Seconded by Mrs. Martino
CARRIED.
Ordinance Amendment - Chapter 511 - Zoning
(Item No. 146, C. C.P., May 15, 200 1)
That the above item be, and the same hereby is, returned
to the Common Council without recommendation
Mr. Fontana Moved:
That after a public hearing on May 22, 2001, the Ordinance
Amendment as contained in Item No. 146, C. C.P., May 15,
200 1, be and the same hereby is approved.
Passed
AYES - 12 - NOES - 0
NO. 132
V. Guarino, Petition to Use 3260 Main Street - Sidewalk
Cafe
(Item No. 100, C. C.P., May 15, 200 1)
That after the public hearing before the Committee on
Legislation on May 22, 2001, the petition of V. Guarino,
owner, for permission to use 3260 Main Street for a sidewalk
caf6 be, and hereby is approved with the following
conditions:
1 . That no outside music is permitted at the sidewalk cafe.
2. That there be no outside garbage receptacles.
3. That the closing of the sidewalk caB6 during the week is
11:00 p.m. and 1:00 am on Friday and Saturday.
Passed.
AYES - 12 - NOES - 0
NO. 133
C. Syracuse, Petition to Use 663 Kensington - Human
Services Facility
(Item No. 10 1, C. C.P., May 15, 200 1)
That after the public hearing before the Committee on
Legislation on May 22, 200 1, the petition of C. Syracuse,
agent, for permission to use 663 Kensington Avenue for a
human services facility be, and hereby is approved subject
to the Zoning Board of Appeals approval.
Passed.
AYES - 12 - NOES - 0
NO. 134
M. Ullrich, Petition to Use 1068 Main Street & 57
Linwood - Signs
(Item No. 102, C. C.P., May 15, 200 1)
That after the public hearing before the Committee on
Legislation on May 22, 2001, the petition of M. Ullrich, agent,
for permission to use 1068 Main Street and 57 Linwood for
illuminated ground signs be, and hereby is approved subject
to conditions as set by the Buffalo Preservation Board.
Page 54
01-0529-ss0522.txt
Passed.
AYES - 12 - NOES - 0
NO. 135
Req. Close Cary St.-Thru Traffic-Hampton Inn Project
(Hrg. 5/22)
(CCP#40-May 15, 01)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 136
J. Popiela, Petition to use 1999 Elmwood Avenue -
Illuminated Signs
(Item No. 106, C. C. P., Apr. 17, 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 April 24, 2001, the petition of J. Popiela,
agent, for permission to use 1999 Elmwood Avenue for an
illuminated signs be, and hereby is approved.
Passed.
AYES - 12 - NOES - 0
NO. 137
T. Hawkins - Use 188 - 193 Maple/173 Carlton St. Pkg.
Lots (Plan Bd.) (CCP# 12 - May 1, 01)
That the above item be and the same hereby is received
and filed.
ADOPTED
No. 138
Ordinance Amendment - Chapter 137 Code
Enforcement
(Item No. 156 CCP May 15, 2001)
That after a public hearing on May 22, 2001 the Ordinance
Amendment as contained in Item No 156 CCP May 15,
2001 be and the same hereby is approved.
PASSED
AYES - 12 - NOES - 0
NO. 139
Ordinance Amendment - Chapter 175 - Fees (Vending)
(Item No. 167, C.C.P., May 15, 2001)
That after a public hearing on May 22, 2001, the Ordinance
Amendment as contained in Item No. 167, C.C.P., May 15,
2001, be and the same hereby is approved.
Passed
AYES - 12 - NOES - 0
NO. 140
Voter Election Reform
(Item No. 164, C. C.P., May 15, 200 1)
Mr. Fontana moved that the above item be recommitted
to the Committee on Legislation.
ADOPTED.
NO. 141
Permit Fees
(CCP# I 86-Dec. 14, 00)
That the above item be and the same hereby is received
and filed.
Page 55
01-0529-ss0522.txt
ADOPTED
NO. 142
L. Roberts, Bflo Niag Partnership - Permit Fee Review
Task Force
(CCP#88 -Dec 12, 00)
That the above item be and the same hereby is received
and filed
ADOPTED
NO. 143
Secondhand Dealer - 242 Grant Street
(Item No. 55, C.C.P., May 15, 200 1)
That pursuant to Chapter 254 of the City Code, the
Commissioner of Permit & Inspection Services be, and he
hereby is authorized to grant a Second Hand Dealer license
to Misael Hernandez, d/b/a USA Steamer Truck located at
242 Grant Street.
Passed.
AYES - 12 - NOES - 0
NO. 144
Secondhand Dealer - 2086 Niagara Street
(Item No. 59, C.C,P., May 15, 2001)
That pursuant to Chapter 254 of the City Code, the
Commissioner of Permit & Inspection Services be, and he
hereby is authorized to grant a Used Car Dealer license to
Dennis Michael Thomas, d/b/a Mr. D's Auto Center, located
at 2086 Niagara Street.
Passed.
AYES - 12 - NOES - 0
NO. 145
R. Arcara-Controlled Pkg. Around Perimeter of US
Courthouse
(CCP#84-Apr. 17, 01)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 146
Payphone Applications-(5) Pay-Tel Corp. (#52, 4/17)(PW)
(#3-125 Hamburg)
(CCP#135-May 15, 01)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 147
D. Trimble, Bflo. Olmstead Pkgs. Cons.-Blue Phone
Systems-Olmstead Pks.
(CCP#104-May 1, 01)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 148
B. Grant-A. Merritt-Concerns-Sickle Cell Disease Assn.
Of America
(CCP#93-May 1, 01)
That the above item be and the same hereby is received
and filed.
Page 56
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ADOPTED
NO. 149
Inactive Records Storage Center (PW)
(CCP#53-May 1, 01)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 150
COB Inactive Records Storage Center (Strat. Pl.)
(CCP#9-May 15, 01)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 151
Skunks
(CCP#195-Apr. 17, 01)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 152
Traffic Signal at Leroy Ave./Grider St.
(CCP#192-Dec. 12, 00)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 153
A. Thompson, I Gray & O-Humber Ave. Blk. Club-Req.
Blacktopping/New Curbs
(CCP#104-May 15, 01)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 154
Sidewalk Cafe - 1459 Hertel Avenue
(Item No, 4 1, C. C.P., May 15, 200 1)
That the Commissioner of Public Works, Parks and Streets
be, and he hereby is authorized to issue a "mere license" to
Mr. Anthony Lagambina, owner of Club Liquid Bar, located
at 1459 Hertel Avenue, to install a sidewalk cafe, which
would encroach city right-of-way at said address, subject to
the following conditions:
I . That the applicant obtains any and all other City of Buffalo
permits
necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on
plans submitted to and approved by the Department of
Permit & Inspection Services.
3. That the sidewalk cafe does not exceed forty five feet
(45') in length or extend more than eight feet (8') from the
building face.
4. That no portion of the sidewalk cafe be permanent in
nature or
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from City
right-of-way from November 15 to April I each year.
6. That the applicant be assessed the annual fee of one
dollar and thirty cents ($1.30) per square foot of City
Page 57
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right-of-way occupied by said sidewalk caf‚ as described in
Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the
City Ordinances.
7. That the applicant supply the Department of Public
Works, Parks and Streets with a five thousand dollar
($5,000.00) construction in street bond or certificate of
insurance which will indemnify and save harmless the City of
Buffalo against any and all loss or damage arising out of the
construction, maintenance, use and removal of said
sidewalk cafe.
8. That no outside music is provided on the sidewalk cafe.
9. That no outside garbage receptacles is placed on the
sidewalk caf6.
10. That the closing hours of the sidewalk caf6 be 11:00
p.m. on weeknights and 1:00 a.m. on weekends.
Passed.
AYES - 12 - NOES - 0
NO. 155
Sidewalk Cafe - 926 Main Street
(Item No. 42, C.C.P., May 15, 2001)
That the Commissioner of Public Works, Parks and Streets
be, and he hereby is authorized to issue a "mere license" to
Mr. Kenneth Pratt, owner of Sebastian's Restaurant, located
at 926 Main Street, to install a sidewalk cafe, which would
encroach city right-of-way at said address, subject to the
following conditions:
I .That the applicant obtains any and all other City of Buffalo
permits
necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on
plans submitted to and approved by the Department of
Permit & Inspection Services.
3. That the sidewalk cafe does not exceed eighteen feet
(18') in length or extend more than eight feet (8') from the
building face.
4. That no portion of the sidewalk cafe be permanent in
nature or
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from City
right-of-way from November 15 to April I each year.
6. That the applicant be assessed the annual fee of one
dollar and thirty cents ($1.30) per square foot of City
right-of-way occupied by said sidewalk caf‚ as described in
Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the
City Ordinances.
7. That the applicant supply the Department of Public
Works, Parks and Streets with a five thousand dollar
($5,000.00) construction in street bond or certificate of
insurance which will indemnify and save harmless the City of
Buffalo against any and all loss or damage arising out of the
construction, maintenance, use and removal of said
sidewalk cafe.
8. That the applicant follows the conditions as set by the City
Planning Board.
Passed.
AYES - 12 - NOES - 0
NO. 156
Sidewalk Cafe - 3260 Main Street
(Item No. 43, C. C.P., May 15, 200 1)
That the Commissioner of Public Works, Parks and
Streets be, and he hereby is authorized to issue a "mere
Page 58
01-0529-ss0522.txt
license" to Mr. Vincent Guarino, owner of the Coffee Bean
Cafe, located at 3260 Main Street, to install a sidewalk cafe,
which would encroach city right-of-way at said address,
subject to the following conditions:
I. That the applicant obtains any and all other City of Buffalo
permits
necessary for said installation.
2. That the sidewalk cafe be installed exactly as shown on
plans submitted to and approved by the Department of
Permit & Inspection Services.
3. That the sidewalk cafe does not exceed fifteen feet (15')
in length or
extend more than six feet (6) from the building face.
4. That no portion of the sidewalk cafe be permanent in
nature or
permanently affixed to the main building or public sidewalk.
5. That the sidewalk cafe be completely removed from City
right-of-way from November 15 to April I each year.
6. That the applicant be assessed the annual fee of one
dollar and thirty cents ($1.30) per square foot of City
right-of-way occupied by said sidewalk caf‚ as described in
Chapter 413, Article IX, Section 59 (Sidewalk Cafes) of the
City Ordinances.
7. That the applicant supply the Department of Public
Works, Parks and Streets, with a five thousand dollar
($5,000.00) construction in street bond or certificate of
insurance which will indemnify and save harmless the City of
Buffalo against any and all loss or damage arising out of the
construction, maintenance, use and removal of said
sidewalk cafe.
Passed.
AYES - 12 - NOES - 0
NO. 157
B. Grant-R. Vetter-Concerns-Undrained
Land-Nicholson/Kenmore
(CCP#95-May 1, 01)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 158
B. Grant-R. Vetter-Concerns-Undrained
Land-Nicholson/Kenmore (BSA)
(CCP#72-May 15, 01)
That the above item be and the same hereby is received
and filed.
ADOPTED
Community Development
(Beverly A. Gray, Chairperson)
NO. 159
C. Fisher, CWA-Concerns-Layoff-New Era/Shift
Operations
(CCP#91-Apr. 17, 01)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 160
Bflo. Mun. Hsg. Auth.-Purchase of Hertel Homes
Page 59
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(CCP#203-Feb. 6, 01)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 161
RFP-Mgmt./Delivery-Rev. Loan Program-UPDATE (Strat,
Pl.)
(CCP#6-Jan. 9, 01)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 162
A. Mathis & O-Req. Assist.-Save Neighborhood Info. Ctr.
(CCP#103-May 15, 01)
That the above item be and the same hereby is received
and filed.
ADOPTED
NO. 163
Dedicate the North End of Squaw Island as Parkland
(Item No. 200, C. C.P., May 1, 200 1)
That this Common Council hereby dedicates the area
north of the Buffalo Sewer Authority plant on Squaw Island
as parkland.
Passed.
AYES - 11 - NOES - 1
BONIFACIO, COPPOLA, ELLINGTON, FISHER,
FONTANA, GOLOMBEK, GRANT, GRAY,LOTEMPIO,
MARTINO AND PITTS -11
THOMPSON - 1
NO. 164
Dedicate North End-Squaw Island as Parkland (PW)
(CCP#33-May 15, 01)
That the above item be and the same hereby is received
and filed.
ADOPTED
Education
(Charley H. Fisher, III, Chairman)
NO. 165
Recommendations for MWBE Participation Goals, etc.
(Item No. 180, C.C.P., Feb. 20, 200 1)
That this Common Council request the Buffalo Public
Schools and the Joint School Construction Board adopt the
following recommendations to help encourage minority and
female business participation goals in the rehabilitation and
construction of Buffalo Public Schools:
I. An expedited payment plan to ensure prompt payment
within thirty (30) days.
2. Contractor loan program to help ensure that minority and
women
businesses have the financing to remain competitive when
awarding
contracts.
3. Pre-bid.
4. Encourage teaming agreements between minority and
majority firms that will be helpful in developing strategic
partnerships for public works and development projects.
Page 60
01-0529-ss0522.txt
Adopted.
NO. 166
B. Grant-L. Jackson-Concerns-Granddaughter- School
#68
(CCP#92-May 1, 01)
That the above item be and the same hereby is received
and filed.
ADOPTED
RESOLUTIONS
NO. 167
BY MR. BONIFACIO
WAIVE PERMIT FEES FOR THE HOLY TRINITY
LUTHERAN CHURCH
WhereasThe Holy Trinity Lutheran Church has sought
permission to post signage and
Whereas: The Holy Trinity Lutheran Church has
requested permit fee waivers from the City of Buffalo; and
Whereas: The Common Council has approved similar
waivers in the past; and
Now, Therefore Be It Resolved That,
The Common Council permit the waiving of any and all fees
relating to posting of signage by The Holy Trinity Lutheran
Church upon compliance with instructions and conditions set
forth by the City of Buffalo.
PASSED
AYES -12 NOES - 0
NO. 168
BY: MR. BONIFACIO
MEMORIALIZE N.Y. STATE LEGISLATURE TO
ENACT APPROPRIATE LEGISLATION
Implementing Mandatory Sentences for Unlawful Use and
Possession of Firearms
Whereas: The City of Buffalo has recognized firearms as
dangerous weapons posing substantial risk to public health,
and imposes local restrictions on suchweapons under
Chapter 180 of the City Code; and
Whereas: Although the City has taken such measures,
primary enforcement of firearm laws and restrictions is
conducted at the State and Federal levels and
Whereas: In recent years, the Federal Government has
passed legislation calling for more strict gun laws including
the Brady Act requiring background checksof firearm
purchasers; and
Whereas: In 2000, New York State passed a comprehensive
Gun Law that included
Ballistic fingerprinting of handguns sold in New York
Trigger locks to be provided with the sale or transfer of all
firearms, including handguns, rifles and shotguns;
Background checks of prospective purchasers at gun
shows-
A ban on the sale and possession of new Assault Weapons,
mirroring federal law;
Minimum age requirement of 21 to get a permit to purchase
a handgun-,
Requirement that all lost or stolen guns be reported to the
police within 24 hours of discovery;
Studies by the State Police into Smart Gun Technology that
may make firearms less dangerous;
A gun interdiction program to identify and prosecute gun
traffickers who bring guns into New York from states with
less-restrictive gun laws-,
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Criminal sanctions for "straw purchasers", those who
purchase firearms for someone who is known to be
prohibited from purchasing a firearm.
Whereas: New York now possesses some of the most strict
gun laws in the country, however there are still other areas
that need to be explored,
especially in terms of enforcement and sentencing;
Whereas: Although the number of prosecutions and lengths
of sentences have both increased over the last decade,
there is no guarantee that these enforcement trends will
continue in the future, given the anti-gun control positions
taken by the current President and United States Attorney
General; and
Whereas: Given the uncertainty of firearm enforcement at
the Federal level, it is even more important that the State of
New York take an active role in firearm legislation and
enforcement; and
WhereasAccording to a 1995 National Institute of Justice
report, one out of every four drug dealers carries a gun
indicating a strong correlation between gun possession and
illicit drug selling; and
ADOPTED
NO. 169
BY: MR. FONTANA
DISCHARGE LEGISLATION COMMITTEE
"USED CAR DEALER -1905 GENESEE (PERMITS)" (#57
C.C.P. MAY
15,2001)
Whereas: The above item is currently in the Legislation
Committee; and
Whereas: It is no longer necessary for this item to be
considered by that committee
Now, Therefore Be it Resolved:
That this Common Council does hereby discharge the
Legislation Committee from further consideration of Item 57,
C.C.P. May 15, 2001, "Used Car Dealer -1905 Genesee
(Permits)" and said item is now before the Common Council
for its consideration.
ADOPT DISCHARGE 2ND MR. FISHER
PASSED
AYES -12 NOES - 0
NO. 170
BY: MR. GOLOMBEK
[SUBARU BUFFALO 4 MILE CHASE]
Whereas: Organizers of the 20'h annual Subaru Buffalo 4
Mile Chase have requested permission to conduct their
annual race on Saturday, July 21st along Elmwood
Avenue,and
Whereas:In the past there have been problems with various
individuals and/or vendors setting up and selling
inappropriate wares, and
Whereas:Through the sale of inappropriate wares, the
illegal vendors, profit while neighborhood merchants suffer
adversely from the competition, and
Whereas: Neighborhood merchants would not be expected
to have a permit and would beallowed to sell their goods as
they normally would on a daily basis,
Now, Therefore, Be It Resolved:
That the area bounded by Forest to St. James and
Richmond to Delaware be a designated area in which
neighborhood merchants are allowed, as always, to sell their
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wares and that illegal vendors be prohibited from soliciting
during this event.
Joseph Golombek Jr.
PASSED
AYES -12 NOES - 0
NO. 171
BY: MR. GOLOMBEK
ISUBARU BUFFALO 4-MILE CHASE BANNER]
Whereas: Organizers of Subaru Buffalo 4 mile Chase
have announced this year's race will be held on Saturday
July 21 st, and
Whereas:This year marks the 2 1 " annual run, and
Whereas:To publicize the event, the Race Director has
requested permission to display a banner across Elmwood
Avenue from 946 Elmwood Avenue to 951 Elmwood
Avenue, and
Whereas: The period the banner would be on display would
be from June 17th through July 21 st, 2001
Now, Therefore, Be It Resolved:
The sponsors of the Subaru Buffalo 4-Nfile Chase are
granted permission to hang a banner on Elmwood Avenue
from June 17'h through July 21 st, 2001
PASSED
AYES -12 NOES - 0
NO. 172
BY: MR. GOLOMBEK
(WAIVE BLOCK PARTY PERMIT FEE FOR BLOCK
CLUB)
Whereas On Saturday, June 2nd, 2001, the Grote Street
Block Club will be holding an area clean up, and
Whereas:In the City of Buffalo, theses types of projects
brighten up communities and promote neighborhood unity,
and
Whereas:In conjunction with the clean up, the Grote Street
Block Club will be holding a block party after the clean up is
completed. At that time they would like to block off Grote
Street between Germaine Street and Howell Avenue, and
Whereas: The City of Buffalo charges a processing fee for
block party permits.
Now, Therefore, Be It Resolved:
The Common Council encourages the participation of block
clubs in cleaning up their communities, and supports
waiving of Block Party permit fees for groups that are
involved in the clean up. This Honorable Body also grants
permission to the Grote Street Block Clubs to close Grote
Street between Germaine Street and Howell Avenue on
Saturday, June 2 , 2001.
PASSED
AYES -12 NOES - 0
NO. 173
BY: MRS. GRANT
TRANSFER OF FUNDS
COMMON COUNCIL
That pursuant to 20-12 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common
Council, the sum of $4,200 be and the same is hereby
transferred within the Common Council and said sum is
hereby reappropriated as set forth below:
From: 10109001-411001 Councilmember 98 Annual Salary
$4,200
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To: 10102001- 412002 Common Council, Legislative, Hourly
Salary$4,200
PASSED
AYES -12 NOES - 0
NO. 174
BY: MRS. GRANT
TRANSFER OF FUNDS
COMPTROLLER
That pursuant to 20-12 of the Charter and the Certificate
of the Mayor and the Comptroller submitted to the Common
Council, the sum of $200 be and the same is hereby
transferred from the Division of Audit and said sum is hereby
reappropriated as set forth below:
From:
10442001-411001 Audit Annual Salaries$200
To:
10441006-452000 Comptroller Insurance$200
PASSED
AYES -12 NOES - 0
NO. 175
BY: MRS. BETTY JEAN GRANT
WAIVE PERMIT FEES FOR MILLICENT AVENUE BLOCK
CLUBPARTY
Whereas: The Millicent Avenue Block Club will be holding
a block party Saturday, July 14 th 2001 from 11:00 a.m. -
8:00 p.m.; and
Whereas:The street will be closed on Millicent Avenue
between Suffolk Avenue and Orleans Street; and
Whereas: All residents on Millicent Avenue are welcomed to
attend;
NOW, THEREFORE BE IT RESOLVED:
That Millicent Avenue be closed to vehicle travel from suffolk
to Orleans.
NOW, THEREFORE, BE IT FURTHER RESOLVED:
That all fees be waived associated with the closing of
Millicent Avenue on Saturday, July 14 th from 11:00 a.m. to
8:00 p.m.
BE IT FINALLY RESOLVED:
That copies of this Resolution be forwarded to Parking
Enforcement, Dept. of Public Works and the Buffalo Police
Dept.
PASSED
AYES -12 NOES - 0
NO. 176
BY: MS. GRANT
APPOINTMENT - LEGISLATIVE ASSISTANT
I hereby appoint Katrina La'Niece Arnold, 698 Norfolk
Avenue, Buffalo, NY 14215, to the position of Legislative
Assistant, effective June 11, 2001.
ADOPTED
NO. 177
BY: MRS. LOTEMPIO
ORDINANCE AMENDMENT
CHAPTER 137- CODE ENFORCEMENT
The Common Council of the City of Buffalo does hereby
ordain as follows:
Effective July 1, 2001, that Section 137-7 of Chapter 137 of
the Code of the City of Buffalo be amended to read as
follows:
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InitialAdditionalMaximum
FinePenaltyPenaltyTotal
FINE CLASS D$75.00$75.00$75.00 $225.00
Placing more than [50 pounds] the authorized weight in
city-provided receptacle or tote,- 216-15
It is hereby certified, pursuant to Section 3-19 of the Charter,
that the immediate passage of the ,foregoing ordinance is
necessary.
APPROVED AS TO FORM
Corporation Counsel
Note: Matter underlined is new and matter to be deleted is in
brackets.
PASSED
AYES -12 NOES - 0
NO. 178
BY: MRS. LOTEMPIO
ORDINANCE AMENDMENT
CHAPTER 216 - GARBAGE, RUBBISH AND REFUSE
The Common Council of the City of Buffalo does hereby
ordain as follows:
Effective July 1, 2001, that Section 216-15 of Chapter 216
the Code of the City of Buffalo be amended to read as
follows:
216-15. Rules and regulations.
A.The Commissioner shall designate days for the removal
of solid waste from the several streets of the city, and on
those days it shall be lawful for any person to place at the
curbline in front of the premises occupied by him all solid
waste collected from the lot owned or occupied by him in
receptacles or plastic bags properly closed with a twist tie or
string. The Commissioner is authorized to adopt rules and
regulations for receptacles to provide for uniform types of
receptacles. All owners shall assure that occupants comply
with this requirement.
B.All refuse offered for collection shall be divided into two
(2) classes, as follows:
(1)Class 1: combustible material. Such material may
be placed in a receptacle with the garbage, such receptacle
being covered by a properly fitted cover.
(2)Class 2: incombustible material. Such material
shall not be placed in the same receptacles with
combustible material and garbage.
C.Refuse of each of the two (2) classes above specified
shall be kept in separate receptacles and not in any case
mixed with refuse of any other class. The city, from time to
time, may issue to residential and commercial users
receptacles for public collection, including 95 gallon and
other volume containers, for semi-automated or automated
collection methods. The residential or commercial user shall
use the receptacle furnished by the city and use it pursuant
to this Chapter and the regulations of the Commissioner.
Commercial users using a duly licensed solid waste
collector other than the city shall use receptacles marked in
such a way to identify the solid waste collector being utilized,
If a residential or commercial user is issued a city
receptacle, that user will be allowed to place up to only
those receptacle(s) provided, appropriate recycling
containers (including containers for vegetative yard waste),
and up to two pieces of bulk solid waste or trash for each
weekly collection, provided the user follows the rules and
regulations of the Commissioner and this Chapter for proper
depositing and collection of solid waste. These receptacles
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can not overflow[, be heavier than 75 pounds,] and must be
tightly closed, consistent with 216-8 of this Chapter, with
no solid waste placed on top of, next to, or around these
receptacles. The receptacles furnished b the city shall not
be heavier than 46 pounds for 3 5 gallon receptacle, 8 5
pounds for 65 gallon receptacle, and 125 pounds for 95
gallon receptacle. Construction/demolition debris or fill may
not be placed within these receptacles for public collection
and disposal. The Commissioner shall promulgate rules and
regulations for the use and collection from these
receptacles. Receptacles furnished by the city to residential
or commercial users are property of the city. No other
receptacle in which refuse is offered for public collection
other than receptacles permitted by the rules and
regulations promulgated by the Commissioner shall be of
greater capacity than 35 gallons, nor shall such receptacles,
including the contents thereof, be of greater weight than 75
pounds.
D.Solid waste consisting of empty boxes, crates, cartons
and other unwieldy objects shall be broken up and bundled
into compact bundles no longer than four feet, and no
heavier than 50 pounds.
E.(Reserved.)
F. The billing for solid waste user fees is subject to service
review by the Commissioner, pursuant to the rules and
regulations of the Commissioner. Pursuant to such rules and
regulations, the Commissioner may waive such interest
which may accrue on the disputed amounts of bills where
the amount in dispute is under $50. In -the event a user fee
bill is referred to a collection agency, the collection agency's
charges shall be added to the fees with interest due and owing.
G. The Commissioner shall have the power to enter into separate
contracts with persons from whom any additional or extra solid
waste is to be collected and from whom charges are to be received
as provided by the schedule of charges set out in Chapter 175,
Fees. If a residential or commercial user requests additional
receptacles issued by the city under paragraph C of this section,
adjustments will be made to the fee charged for the increased
service rendered to that user.
H. The method of receiving of such payments and the record and
audit thereof shall be as ordered and directed by the City
Comptroller. All moneys received shall be paid into a solid waste
enterprise fund.
1. Solid waste of a combustible nature which shall be delivered by
a residential or commercial user, except solid waste collectors,
shall, under the direction and control of the Commissioner of
Public Works, be received and disposed of at the city disposal
plant upon payment by the user delivering same at the rate as
provided in Chapter 175, Fees; and further provided that the
Commissioner of Public Works may, before accepting such solid
waste, require evidence that the source of such solid waste was
generated within the City of Buffalo.
J. Solid waste collectors holding a city license under Chapter 263,
Licenses, of this Code will be charged at the rate as provided in
Chapter 175, Fees.
K. Solid waste originating in the city, if of a proper classification
for dumping at a city disposal plant, shall, under the direction and
control of the Commissioner of Public Works, be received and
disposed of at city disposal plants upon payment to the city by the
person delivering the same, if other than a city department or
agency, at the rate as provided in Chapter 175, Fees; and further
provided that the Commissioner of Public Works may, before
accepting such solid waste, require evidence that the source of
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such solid waste was within the City of Buffalo.
L. All employees of the Department engaged in collecting solid
waste shall report each and every violation of this section to the
Commissioner.
M. Any person violating the provisions of this section may be
liable, in addition to the general penalties, to the penalties
established in Chapter 137, Code Enforcement, Article 1, of this
Code.
It is hereby certified, pursuant to Section 3-19 of the Charter, that
the immediate passage of the foregoing ordinance is necessary.
APPROVED AS TO FORM
Corporation Counsel
PASSED
AYES -12 NOES - 0
NOTE: Matter in brackets to be deleted; matter underlined is new
NO. 179
BY: MRS. LOTEMPIO
EXCUSE COUNCILMEMBER WILLIAMS FROM COUNCIL
MEETING.
Whereas: Councilmember Barbara A.
Miller-Williams will be unable to attend the Council meeting
on Tuesday, May 29, 2001,
Now, Therefore, Be It Resolved:
That the Common Council excuses Councilmember Barbara
A. Miller-Williams from attending the May 29, 2001,
Common Council meeting.
Rosemarie LoTempio
ADOPTED
NO. 180
BY: MRS. MARTINO
ORDINANCE AMENDMENT
CHAPTER 137- CODE ENFORCEMENT
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Section 137-7 of Chapter 137 of the Code of the City of
Buffalo be amended to read as follows:
InitialAdditional Maximum
FinePenaltyPenalty
Total
FINE CLASS E$105.00$105.00$105.00
$315.00
Failure to cut overgrown vegetation, 341-1
APPROVED AS TO FORM
Corporation Counsel
Note: Matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 181
BY: MRS. MARTINO
ORDINANCE AMENDMENT
CHAPTER 175 - FEES
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Chapter 175 of the Code of the City of Buffalo be
amended to read as follows:
Chapter 341, Property Maintenance
341-3,Correction of violation by city personnel
or actual cost of the work [$52.50] $210.00
NOTE: Matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION
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NO. 182
BY: MRS. MARTINO
RE: ORDINANCE AMENDMENT
CHAPTER 341 - PROPERTY MAINTENANCE
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Section 341-1 of Chapter 341 of the Code of the City of
Buffalo be amended to read
as follows:
3 41 - 1. Duty of owner or occup ant.
It shall be the duty of every owner, occupant or person
having charge of lands within the city to cut down or cause
to be cut down all overgrown weeds, grass, brush and other
vegetation and to remove or cause to be removed all
garbage and tree limbs or other debris on said land each
and every year between May 1 and June I and so often
thereafter as necessary to maintain such land in a sanitary
and orderly condition.
Failure to comply with this section shall constitute a violation
of this section and shall be punishable by a Class E fine in
the amount of $105.00. This shall be in addition to any of the
penalty provided in the Code of the City of Buffalo or in any
other law.
NOTE: Matter underlined is new.
REFERRED TO THE COMMITTEE ON LEGISLATION
NO. 183
BY- MRS. MARTINO
WAIVE ALL PERMIT FEES FOR SUMMER-FEST 2001
Whereas: St. Thomas Aquinas Church at 450 Abbott
Road with be sponsoring its Summer Fest 2001 on Friday,
June 22 nd through Sunday, June 24'h, 2001 - and
Whereas:This is the 10"' Annual Summer-Fest and is a
major fundraiser for St. Thomas Aquinas Parish. The
proceeds from this years event will offset costs associated
with school expenses and programs; and
Whereas: The organizers of this event will coordinate with
the police for supervision at intersections deemed critical by
Buffalo Police Traffic personnel.
Now, Therefore, Be It Resolved.-
That the Common Council of the City of Buffalo waives the
fees associated with the permits for Summer-Fest 2001 for
St. Thomas Aquinas Church on June 22 nd through
June'24"', 2001; and
Be It Further Resolved:
That the organizers of this event comply with all
requirements of the Permit Department and the
Corporations Counsel, and that no existing laws are violated.
PASSED
AYES -12 NOES - 0
NO. 184
BY: COUNCILMEMBER MARY MARTINO
WAIVE RENTAL FEES FOR CAZENOVIA PARK CASINO -
Whereas: On Sunday, June 24, 2001, St. John's Head
Start Program will be holding their annual picnic for the
children of the head start program and their families from
noon till 6:00 p.m.; and
Whereas: St. John's Head Start Program is a non-profit
organization that relies on volunteers and donations to
ensure the success of their program; and
Whereas: The City of Buffalo requires a permit for the rental
of the Cazenovia Park Casino. St. John's Head Start
Page 68
01-0529-ss0522.txt
Program is requesting that the fees be waived for this event
so that the youth and their families will be able to hold their
picnic at the Cazenovia Park Casino; and
Now, Therefore, Be It Resolved:
That the City of Buffalo Common Council does hereby waive
the fees for the rental of the Cazenovia Park Casino for the
Annual Summer Picnic on Sunday, June 24, 2001.
Mary M. Martino, Councilmember
South District
PASSED
AYES -12 NOES - 0
NO. 185
BY: COUNCILMEMBER MARY MARTINO
WAIVE RENTAL FEES FOR CAZENOVIA PARK CASINO
Whereas: On Friday, June 29, 2001, Suburban Adult
Services Inc. will be holding their annual picnic for
developmentally disabled adults and their families from 7:00
a.m. till 3:30 p.m.; and
Whereas: Suburban Adult Services is a non-profit
organization that is anticipating approximately 90 consumers
at the picnic. They will be supervised by 14 staff members;
and
Whereas: Suburban Adult Services Day Habilitation
program has been volunteering at Cazenovia Park during
the spring and summer since May of 1997 on a weekly
basis cleaning the park and picking up trash; and
Whereas: The City of Buffalo requires a permit for the rental
of the Cazenovia Park Casino. Suburban Adult Services Inc.
is requesting that the fees be waived for this event so that
the disabled adults in attendance will receive the maximum
benefits for funding available; and
Now, Therefore, Be It Resolved:
That the City of Buffalo Common Council does hereby waive
the fees for the rental of the Cazenovia Park Casino for the
Annual Summer Picnic on Friday, June 29, 2001.
Mary M. Martino, Councilmember
South District
PASSED
AYES -12 NOES - 0
NO. 186
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 Mrs Pharliee
By CouncilmemberFisher III & Michaux III
Felicitation for Abraham Mullen
By Councilmember Fisher III
Felicitation for fifth Session of the Western New York Annual
Conference
By CouncilmemberThompson
Felicitation for Reverend Marshall Littlejohn
By Councilmember Gray, Michaux III, Pitts and Fisher III
ADOPTED.
NO. 187
BY: BARBARA A. WILLIAMS
APPOINTMENTS
COMMISSIONERS OF -DEEDS
REQUIRED FOR THE PROPER
Page 69
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PERFORMANCE OF PUBLIC DUTIES
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
BRENDA GARNER
GEORGE K. GOODMAN
JOHN WOLF
THEODORE F. BYRLEY
RICHARD MENTECKY
JEROME M. JEROZAL
IVAN J. CARMICHAEL
PAUL KWIATKOWSKI
MARTIN C . MATUSIAK
SEAN M. MORIARTY
TAMI S, BARTELS
JAMES E. ROZANSKI
NAOMA P. ALLEN
MARTHA BOBO
JEFFREY J. BARTELS
MILISSA L. COLUCCI
BRYAN G. BROCKWAY
SANDRA L. RUSSELL
BARBARA A. KILBRIDGE
JOSEPH M. MANCUSO
LAURA GRUBE
KAREN COLQUHOUN
CAROLYN LEE
JUDITH D. GAWRONSKI
KEVIN BURKE
MICHAEL RICKERT
MARY ELLEN GABOR
MARY ANN YEATES,
LORINDA BURGESS
TRINA SCINTA
JILAINE JONES
JULIE SIMET
CRYSTAL PEOPLES
KEVIN F. KELLY
JOSEPH GALLO
MARCUS D. HILL
ERIC BROWN
WILLA E. COLLINS
MILDRED J. NEWUIETT
NOEMI FERNANDEZ
DJVANA L. JACKSON
AGNES MABINS
ISRAEL GONZALEZ
MELISSA A, GUISE
TERESITA REYES
N1VIAN H. RODZ-PEREZ
BRENT SHULTZ
MARIA DEL CARMEN MONTES
FRANCISCO A. GUZMAN
MARIA E. CANDELARIO
RICHARD B. OLMA
MICHAEL LO CURTO
LODINA CLYBURN
DEBORAH A. GIRARD
JENNIFER COUSINS
S14ARON R. LEBRON
SAL HOWARD
Page 70
01-0529-ss0522.txt
RACHEL GORSKI
LISA MULLANE
LINDA GRAZIANI
JERMY C. TOTH
RITA C. BURKE
DARYLANN, MARTIN
EDREYS WAJED
ALEXA J. WAJED
SHIRLEY M. HARRIS
KINSY BROWN
LAURA M. HARRIS
DESIREE BRECKENRIDGE-BARNES
STEPHEN TOMORY
PETER J. RUNFOLA
ROSEMARY WHITNEY
DIANE D. RADDER
VIDA MAT14EWS
ANNE M. WILEY
AMY L. NICHOLAS
GERALD W. WILLIAMSJR.
RICK GATTONE
MOHAMED A. MOHAMED
MATHEW HUBACHER
MARLENA MATHEWS
BARBARA L. PERRY
LOUIS R. PALMA
FRANZ W. KINDEL
JAMES R. BOVE
WILLIAM P. HEYDEN
KEVIN J. HELFER
MICHAEL J. METTILLE
GARY PARENTI
LAURA MORTE
LORI ROMUS
COLLEEN E. CUSICK
ROBERT J. TRONOLONE
KATHLEEN MCHALE
KAT14LEEN R. MCHALE
I
PATRICK B. MCHALE
HERSCHEL HUGHES
RUBY F.HUNTER
DAVID SIMMONS
CHARLES KNIGHT
IVORY L. PAYNE JR.
NEAL DOBBINS
WILLIAM FAREED MUHAMMAD
MICHAEL A. SCOTT
MYRON W. HODGES
WILLIAM O'HARA
MICHAEL S. GIGLIA
TIMOTHY DOOLITTLE
KENNETH ADAMCZYK
DONNA O'HARA
SELOM ADJOGAH
THOMAS ARIS
ROSEMARY JOSEPH
NANCY ROTOLO
JOSEPHINE M. GANDOLFO
CARL RIZZO
RICHARD ABRAHAMSON
Page 71
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KAREN L. ARIS
FRANK GANCI
FRANCESCA FALZONE
JOSEPH DUNN
JANESSA E. LIVENS-DANIELS
THOMAS MURPHY
DANIEL WALSH
CHERYL JANKOWSKI
KENVIN CAVALIERI
RONALD LOJARONO
CHERYL ROSSI
KAREN KRZESINSKI
LISA DAMIANI
JOEL DAMIANI
JENNIFER BRACE
QUINN CAYA
GABRIEL SCH1\41DBAUER
JANET HINKEL
MICHAEL L.BAILEY
RUTH CARTER
WALLACE FIELDS
MARISOL RODRIGUEZ
REGINALD PIERCE
DAVID TRAVIS
RONALD JACKSON
JARVIS SLATER
JOHNNY JACKSONJR.
MARIBEL CANCEL
THOMAS R. REESE
HAZEL ALLEN
BARBARA GOODRUM
STEVEN D. GRAZES
JAIMIE RADESI
ADOPTED
NO. 188
BY: BARBARA A. WILLIAMS
APPOIHTMENTS COMMISSIONER OF DEEDS
That the following persons are hereby appointed as
Commissioner of Deeds for the term ending December 31 1
2002 t conditional upon the person so. appointed certifying
under oath to their .qualifications and filing same :with the
City Clerk:
KATRINA L. ARNOLD
TAMI L. BURNS-DICIOCCIO
SHERAL L. WELSH
JESSICA L. SMITH
JACQUELINE E. TODOROV
RICHARD J. VANCOEVERING
RUSSELL C. BARONE
SHEILA M. BURKE
CHRISTOPHER J. DUQUIN
GREGORY PEOPLES
ADOPTED.
UNFINISHED BUSINESS
NO. 189
BOND RESOLUTION-$250,000-PLANNING
IMPR.-FILLMORE AVE. FIRE STATION
(NO. 15 3. C.C.P. MAY 15, 200 1)
Mrs. LoTempio moved that the above item be taken from
the table.
Seconded by. My. Fontana
Page 72
01-0529-ss0522.txt
CARRIED
Mrs. LoTempio now moved the approval of the above item.
Seconded by Mr. Fontana
PASSED
AYES- 12 NOES- 0
NO. 190
BOND RESOLUTION- $400,000-INFRASTRUCTURE
IMPR.-FILLMORE DIST.
(NO. 154, C.C.P. MAY 15, 2001)
Mrs. LoTempio moved that the above item be taken from the
table.
Seconded by. Mr. Coppola
CARRIED
Mrs. LoTempio now moved the approval of the above item.
Seconded by Mr. Fisher
PASSED
AYES- 12 NOES- 0
NO. 191
LOC. LAW INTRO. #6 (2001)-POLICE/FIRE PENSION
(NO. 15 7, C.C.P. MAY 15, 200 1)
Mrs. LoTempio moved that the above item be taken from the
table.
Seconded by. Mr. Fontana
CARRIED
Mrs. LoTempio now moved the approval of the above item.
Seconded by Mr. Fontana
PASSED
AYES- 12 NOES- 0
NO. 192
ANNOUNCEMENT OF COMMITTEE MEETINGS
The following meetings are scheduled. All meetings are
held in the Council Chambers, 13 1h Floor, City Hall,
Buffalo, New York, unless otherwise noted.
Regular Committees
Committee on Civil Service Tuesday, June 5, 2001 at 9:30
o'clock A.M.
Committee on FinanceTuesday, June 5,
2001 following Civil Service
Committee on LegislationTuesday, June 5,
2001 at 2:00 o'clock P.M.
Committee on Comm. Dev. Wednesday, June 6, 2001 at
10:00 o'clock A.M.
Committee on EducationWednesday, June
6, 2001 at 2:00 o'clock P.M.
Special Committees
Streets Services Task Force Monday, June 4, 2001 at 10:
00 o'clock A.M. in Room 1417 City Hall.
MBEC-Monday, June 11, 2001 at 10:00 o'clock A.M. in
Room 1417 City Hall.
Special Meeting of Legislation Committee
Wednesday, May 30, 2001 at 9:30
A.M. in Room 1417 City Hall on 13 )3 S. Division-Billbd.
Sign.
(Public Disclaimer): All meetings are subject to change and
cancellation by the respective Chairmen of Council
Committees. In the event that there is sufficient time given
for notification. it will be provided. In addition, there may 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
Page 73
01-0529-ss0522.txt
we are made aware.
ADOPTED
NO. 193
ADJOURNMENT
On a motion by Mrs. LoTempio, Seconded by Ms. QW, the
Council adjourned at
CHARLES L. MICHAUX, III
CITY CLERK
BOARD OF POLICE AND FIRE PENSION PROCEEDINGS
#5 MAYOR'S OFFICE-201 CITY HALL MAY 24, 2001
PRESENT: JAMES W. PITTS, COUNCIL PRESIDENT;
ANTHONY M. MASIELLO, MAYOR; MAURICE GARNER,
DEPUTY COMPTROLLER-3 ABSENT: NONE THE
JOURNAL OF THE LAST MEETING WAS APPROVED.
NO. I
I transmit herewith the Pension Payroll for the Fire Pension
Fund for the month of May 2001 amounting to $15,580.69
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 May 2001 amounting to
$19,937.31 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
The following annuitant was cancelled from the roll:
Mary GassmanDied5/17/01
Received and Filed.
NO. 4
On motion by Mr. Pitts, the City of Buffalo Police and Fire
Pension Board Meeting adjourned at 11: 10 a.m.
NO. 1
CALLING SPECIAL MEETING
Pursuant to Section 3.9 of the Charter of the City of Buffalo,
upon the written request of Five Councilmembers, dated
May 16, 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, May 22,
2001, at 1:00 P.M., for the following purposes:
To receive and take appropriate action on items pertaining
to:
1. Budget for Fiscal Year 2001-2002
RECEIVED AND FILED
NO. 2
REVENUE INCREASE
By this letter I hereby revise and increase my revenue
and resource estimates for the 2001-02 fiscal year. The
changes are as follows.
Revenues
10552015-345401 Medicaid Reimbursement - From
$250,000 to $450,000 - an increase of $200,000.
10700015 -341120 Services to BSA - From $130,3 10 to
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01-0529-ss0522.txt
$1,030,000 - an increase of $899,690.
Resources
10700096-397000 Unreserved Fund Balance (originally
designated for shortfall in CDBG) - From $10,200,006 to
$10,700,006 - an increase of $50000.
I trust these revised estimates will be acceptable to your
honorable body.
PASSED
AYES - 13 - NOES - 0
NO. 3
Mrs. LoTempio
DISCHARGE COMMITTEE OF THE WHOLE
ORD AMEND CH 137 CODE ENFORCEMENT
(RES 211 CCP 5/1/01)
Whereas: The above item is currently in the Committee of
the Whole; and
Whereas: It is no longer necessary for this item to be
considered by that committee;
Now, Therefore, Be it Resolved:
That this Common Council does hereby discharge the
Committee of the Whole from further consideration of this
item, and said item is now before the Council.
Seconded by Mr. Fontana
ADOPTED
No. 4
Mrs. LoTempio
Ordinance Amendment
Chapter 137- Code Enforcement
The Common Council of the City Of Buffalo does hereby
ordain as follows:
Effective July 1, 2001, that Section 137-7 of Chapter 137 of
the Code of the City of Buffalo be amended to read as
follows:
Initial Additional Maximum
Fine Penalty Penalty Total
FINE CLASS B $30.00 $30,00 $30.00 $90.00
Leaving city-provided receptacle or tote in the street curbline
or public place after twelve (12) hours after time of weekly
public collection 216-14
Placing more than two piece of bulk solid waste or trash for
a weekly public collection 216-15
Property with city-provided. receptacle or tote with
overflowing solid waste or additional bags or containers of
solid waste, _216-15
Failure to use city-provided-receptacle or tote or improperly
identified solid waste collector's receptacle, 2 16-15
Placing construction/demolition debris or fill in city-provided
receptacle or tote for public collection, 216-15
Placing commercial user's solid waste for public collection
where user has with the city, 216-15
Initial AdditionalMaximum
Fine PenaltyPenaltyTotal
FINE $75.00 $75.00$75.00
$225.00
CLASS D
Placing more than 50 pounds in city-Provided receptacle or
tote 216-15
Initial Additional Maximum
Fine Penalty Penalty
Total
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01-0529-ss0522.txt
FINE CLASS H $350.00 $350.00 $350.00
$1,050,00
[Excessive amounts of bulk trash; unbundled trash, 216-15
and 3 4 1 -1 through 3 41-41
Placement of bulk trash in excess of 4 cubic yards (12 feet
long, 3 feet wide high), unbundled trash, 216-15 and
341-1 through 341-4
It is hereby certified, pursuant to Section 3-19 of the Charter,
that the immediate passage of the foregoing ordinance is
necessary.
RECEIVED AND FILED
Note: Matter underlined is new and matter to be deleted is in
brackets.
NO. 5
Mrs. LoTempio
Ordinance Amendment
Chapter 137- Code Enforcement
The Common Council of the City of Buffalo
does hereby
ordain as follows:
Effective July 1, 2001, that Section 137-7 of Chapter 137 of
the Code of the City of Buffalo be amended to read as
follows:
Initial Additional Maximum
Fine Penalty Penalty
Total
FINE CLASS B $30.00 $30.00 $30.00
$90.00
Leaving city-provided receptacle or tote in the street,
curbline or public place after twelve (12) hours after time of
weekly public collection, 216-14
Placing more than two pieces of bulk solid waste or trash for
a weekly public collection, 216-15
Property with city-provided receptacle or tote with
overflowing solid waste or additional bags or containers of
solid waste, 216-15
Failure to use city provided receptacle or tote or improperly
identified solid waste collector's receptacle, ~ 216-15
Placing construction/demolition debris or fill in city-provided
receptacle or tote for public collection, ~ 216-15
Placing commercial user's solid waste for public collection
where user has no contract with the city, 216-15
Initial Additional Maximum
Fine Penalty Penalty
Total
FINE CLASS D $75.00 $75.00 $75.00
$225.00
Placing more than 125 pounds in city-provided receptacle or
tote, 216-15
Initial Additional Maximum
Fine Penalty Penalty
Total
FINE CLASS H $350.00$350.00 $350.00
$1,050.00
[Excessive amounts of bulk trash; unbundled trash, 216-15
and 341-1 through 3414]
Placement of bulk trash in excess of 4 cubic yards (12 feet
long, 3 feet high, 3 feet wide); unbundled trash, 216-15
and H 341-1 through 341-4
It is hereby certified, pursuant to Section 3-19 of the Charter,
that the immediate passage of the foregoing ordinance is
Page 76
01-0529-ss0522.txt
necessary,
APPROVED AS TO FORM
PASSED
AYES - 13 - NOES - 0
Note: Matter underlined is new and matter to be deleted is in
brackets.
NO. 6
Mrs. LoTempio
Discharge Committee of the Whole - Ord Amend Ch 175
Fees
(Res 212 CCP 5/1/01)
Whereas: The above item is currently in the Committee of
the Whole; and
Whereas: It is no longer necessary for this item to be
considered by that committee;
Now, Therefore, Be It Resolved;
That this Common Council does hereby discharge the
Committee of the Whole from further consideration of this
item, and said item is now before the Council.
Seconded by Mr Fontana
ADOPTED
No. 7
Mrs. LoTempio
Re: Ordinance Amendment
Chapter 175 - Fees
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Chapter 216 Of Chapter175, Fees, of the Code of the
City of Buffalo be amended to read as follows
216-55, residential user fees
Annual Fee
[RV Vacant lots] ($95.05)
[RI Single] ($119.12)
[R2 Double] ($154.32)
[R3 Triple] ($156.90)
[R8 2 houses on 1 lot) ($158.46)
Fixed Cost $70.98
PLUS
Variable Cost
35 gallon tote $17.14
65 gallon tote $28.42
95 gallon tote $33.24
Late charge, per quarter $5.00
APPROVED AS TO FORM
NOTE: Matter in brackets ( ) to be deleted;
matter underlined is new,
PASSED
AYES - 13 - NOES - 0
NO. 8
Mrs. LoTempio
Discharge Committee of the Whole -
Ord Amend Ch. 216-14 Garbage, Rubbish & Refuse
(Res. 213 CCP 5/1/01)
Whereas: The above item is currently in the Committee of
the Whole; and
Whereas: it is no longer necessary for this item to be
considered by that committee;
Now, Therefore, Be It Resolved:
That this Common Council does hereby discharge the
Page 77
01-0529-ss0522.txt
Committee of the Whole from further consideration of this
item and said item is now before the Council.
Seconded by
Adopted.
NO. 9
Mrs. LoTempio
Re: Ordinance Amendment
Chapter 216 - Garbage, Rubbish and Refuse
The Common Council of the City of Buffalo does hereby
ordain as follows:
Effective July 1, 2001, that Section 216-14 of Chapter 216
the Code of the City of Buffalo be amended to read as
follows:
216-14. Placement of material for collection; penalties for
offenses
A. No person shall deposit or leave or cause or allow any
agents,
subordinates, occupants or employee.5 to deposit or leave
in any public street, curbline or public place any solid waste,
unless the same is in proper receptacles, no earlier than
7:00 P.m. on the evening prior to the day of the regular
collection as provided. All City issued receptacles shall be
removed from the street curbline or public place following
public collection and shall not be left in the street, curbline or
public place twelve (12) hours after the time of collection .
B. Any person violating the provisions of this section may be
liable, in
addition to the penalties established in Chapter 137, Code
Enforcement, Article 1, of this Code,
It is hereby certified, pursuant to Secction 3-19 of the
Charter, that the immediate passage of the foregoing
ordinance, is necessary.
APPROVED AS TO FORM
PASSED
AYES - 13 - NOES - 0
NO. 10
Mrs. LoTempio
Discharge Committee of the Whole -
Ord Amend Ch. 216-15 Garbage, Rubbish & Refuse
(Res. 214 CCP 5/1/01)
Whereas: The above item is currently in the Committee of
the Whole; and
Whereas: It is no longer necessary for this item to be
considered by that committee;
Now, Therefore, Be It Resolved:
That this Common Council does hereby discharge the
Committee of the Whole from further consideration of this
item, and said item is now before the Council.
Seconded by
Adopted.
No. 11
Mrs. LoTempio
Re: Ordinance Amendment
Chapter 216 - Garbage, Rubbish and Refuse
The Common Council of the City of Buffalo does hereby
ordain as follows:
Effective July 1, 200 1, that Section 216-15 of Chapter 216
the Code of the City of Buffalo be amended to read as
follows:
216-15. Rules and regulations.
Page 78
01-0529-ss0522.txt
A. The Commissioner shall designate days for the removal
of solid waste from the several streets of the city, and on
those days it shall be lawful for any person to place at the
curbline in front of the premises occupied by him all solid
waste collected from the lot owned or occupied by him in
receptacles or plastic bags properly closed with a twist tie
or string. The Commissioner is authorized to adopt rules
and regulations for receptacles to provide for uniform
types of receptacles. All owners shall assure that
occupants comply with this requirement.
B. All refuse offered for collection shall be divided into two
(2) classes, as follows:
(1) Class 1: combustible material. Such material may be
placed in a receptacle with the garbage, such receptacle
being covered by a properly fitted cover.
(2) Class 2: incombustible material. Such material, shall
not be, placed in the same receptacles with combustible
material and garbage.
C. Refuse of each of the two (2) classes above specified
shall be kept in separate receptacles and not in
any case mixed with refuse of any other class. The city,
from time to time, may issue to residential and
commercial users receptacles for public
collection, including 95 gallon and other volume
containers, for semi-automated or automated collection
methods. The residential or commercial user shall use
the receptacle furnished by the city and use it pursuant
to this Chapter and the regulations of the
Commissioner. Commercial users using a duty licensed
solid waste collector other that the city shall use
receptacles marked in such a way to identify the solid
waste collector being utilized. If a residential or
commercial user is issued a city receptacle, that user will
be allowed to place up to only those receptacle(s)
provided, appropriate recycling containers (including
containers for vegetative yard waste), and up to two
pieces of bulk
solid waste or trash for each weekly collection, provided
the user follows the rules and regulations of the
Commissioner and this Chapter for proper depositing,
and collection of solid waste. These receptacles can not
overflow, be heavier than 125 pounds, and
must be tightly closed, consistent, with 216-8 of this
Chapter, with no solid waste placed on top of, next to, or
around these receptacles. Construction/demolition debris
or fill may not be placed within these receptacles for
public collection and disposal. The commissioner shall
promulgate rules and regulations for the use and
collection from these receptacles. Receptacles furnished
by the city to residential or commercial users are
property of the city. No other receptacle in which refuse
is offered for public collection other than receptacles
permitted by the rules and regulations promulgated by
the Commissioner shall be of greater capacity than 35
gallons, nor such receptacles, including the contents
thereof, be of greater weight than 125 pounds.
D. Solid waste consisting of empty boxes, crates,
cartons and other unwieldy objects
shall be broken up and bundled into compact bundles no
longer than four feet, and no heavier than 50 pounds.
E. (Reserved.)
F. The billing for solid waste user fees is subject to
service review by the Commissioner, pursuant to
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the rules and regulations of the Commissioner. Pursuant to
such rules and regulations, the Commissioner may waive
such interest which may accrue on the disputed amounts of
bills where the amount in dispute is under $50. In the event
a user fee bill is referred to a collection agency, the
collection agency's charges shall be added to the fees with
interest due and owing.
G. The Commissioner shall have the power to enter into
separate contracts with persons from whom any additional
or extra solid waste is to be collected and from whom
charges are to be received as provided by the schedule of
charges set out in Chapter 175, Fees. If a residential or
commercial user requests additional receptacles issued by
the city under paragraph C of this section, adjustments will
be made to the fee charged for the increased service
rendered to that user.
H. The method of receiving of such payments and the
record and audit thereof shall be as ordered and directed by
the City Comptroller. All moneys received shall be paid into
a solid waste enterprise fund.
I. Solid waste of a combustible nature which shall be
delivered by a residential or commercial user, except solid
waste collectors, shall, under the direction and control of the
Commissioner of Public Works, be received and disposed of
at the city disposal plant upon payment by the user
delivering same at the rate as provided in Chapter 175,
Fees; and further provided that the Commissioner of Public
Works may, before accepting such solid waste, require
evidence that the source of such solid waste was generated
within the City of Buffalo.
J. Solid waste collectors holding a city license under Chapter
263, Licenses, of this Code will be charged at the rate as
provided in Chapter 175, Fees.
K. Solid waste originating in the city, if of a proper
classification for dumping at a city disposal plant, shall,
under the direction and control of the Commissioner of
Public Works, be received and disposed of at city disposal
plants upon payment to the city by the person delivering the
same, if other than a city department or agency, at the rate
as provided in Chapter 175, Fees; and further provided that
the Commissioner of Public Works may, before accepting
such solid waste, require evidence that the source of such
solid waste was within the City of Buffalo.
L. All employees of the Department engaged in collecting
solid waste shall report each and every violation of this
section to the Commissioner.
M. Any person violating the provisions of this section may be
liable, in addition to the general penalties, to the penalties
established in Chapter 137, Code Enforcement, Article 1, of
this Code.
It is hereby certified, pursuant to Section 3-19 of the Charter,
that the immediate passage of the foregoing ordinance is
necessary.
APPROVED AS TO FORM
NOTE: Matter in brackets to be deleted; matter underlined is
new.
PASSED
NO. 12
Mrs. LoTempio
Discharge Committee of the Whole -
Ord Amend Ch. 263 Licenses
(Res. 215 CCP 511101)
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Whereas: The above item is currently in the Committee of
the Whole; and
Whereas: It is no longer necessary for this item to be
considered by that committee;
Now, Therefore, Be It Resolved:
That this Common Council does hereby discharge the
Committee of the Whole from further consideration of this
item, and said item is now before the Council.
Seconded by
Adopted.
No. 13
Mrs. LoTempio
Re. Ordinance Amendment
Chapter 263 - Licenses
The Common Council of the City of Buffalo does hereby
ordain as follows:
Effective July 1, 2001, that Section 263-26 of Chapter 263 of
the Code of the City of Buffalo be amended to read as
follows:
263-26. Collection permit required; application; issuance.
No person shall remove or cause to be removed any of the
contents of any receptacle placed in or outside of a building
for collection, nor shall any person collect or perform the
duties of a solid waste collector, or convey, carry or
transport any solid waste through, over or along any of the
streets of the City of Buffalo as long as the City of Buffalo is
collecting such solid waste in the City, except as follows:
A. Any person who is the holder of a permit duly issued by
the Erie County Health Department, pursuant to the
provisions of Article VIII of the Sanitary Code of Erie County,
may apply in writing. to the Common Council for its approval
to operate a disposal service for the collection of solid waste
originating in the City of Buffalo. Such approval shall be
subject to the following conditions and requirements:
(1) The written consent of the Commissioner of [Street
Sanitation] Public Works, Parks and Streets (or his or her
deputy)
(2) That the applicant shall observe all the sanitary
requirements as prescribed by the health ordinances of the
City of Buffalo, all other applicable ordinances of the City of
Buffalo and any regulations of the Department of Health of
Erie County now or hereafter in effect.
(3) That the Commissioner of [Street Sanitation] Public
Works,
Parks and Streets (or his or her de put shall have the power
to impose
such conditions or restrictions regarding said disposal
service as he or she may deem necessary and may from
time to time change such conditions, restrictions or
regulations and may, in his or her discretion, revoke the
permit granted pursuant to this Article at any time.
(4) That the applicant shall provide to the Division of Streets
of the Department of (Street Sanitation) Public Works. Parks
and Streets a list of commercial users within the City the
applicant has contract to service, with updating of the list of
such contractees annually. The applicant shall disclose
within five (5) days of the commencement or termination of
any of its contracts the commercial users to be serviced or
to be no longer serviced under contract with the applicant.
Disclosure by an applicant of the identity of the serviced
commercial users shall be deemed to be disclosure of trade
secrets or information derived from a commercial enterprise
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disclosure of which would cause substantial injury to the
competitive position of the subject enterprise for purposes of
Article 6 of the New York State Public Officer Law (the
Freedom of Information Law) and the federal Freedom of
Information Act, 5 U.S. C. 5 5 2. Failure to provide this
information to the Department may result in the revocation
of the permit granted pursuant to this Article.
(5) The applicant shall furnish receptacles which clearly
identify the
applicant. as the entity servicing a commercial user.
B. Issuance of permit.
(1) If the application is approved by the Common Council,
the
Commissioner of [Street Sanitation] Public Works, Parks
and Streets shall issue to the applicant a permit to operate
said collection and disposal services in such form as the
Commissioner of [Street Sanitation] Public Works, Parks
and Streets may prescribe and subject to any conditions in
reference thereto imposed by the Common Council.
(2) The permit fee to be paid pursuant to this section sha1l
be as
provided in Chapter 175, Fees, of this Code.
(3) No permit issued pursuant to this Article shall be
transferable.
It is hereby certified pursuant to Section 3-19 of the
Charter, that the immediate passage of the foregoing
ordinance is necessary.
APPROVED AS TO FORM
NOTE: Matter in brackets to be deleted; matter underlined is
new.
PASSED
AYES - 13 - NOES - 0
No. 14
Mrs. LoTempio, Mr Pitts and Mr Fontana
Re: Ordinance Amendment
Chapter 479 - Vehicles and Traffic
The Common Council of the City of Buffalo does hereby
ordain as follows:
That Section 40 of Article I of Chapter 479 of the Code of
the City of Buffalo be amended as follows:
4. Sanitation vehicles utilizing the East Side Transfer
Station. AU person, firm, corporation or other entity
operating, or causing to be operated, sanitation vehicles
delivering solid waste to the East Side Transfer Station shall
follow specified delivery routes as designated
by the City. Vehicles must either enter on William Street and
travel to Richard Drive to Gardon Drive to the East Side
Transfer Station, or vehicles travelling southbound on the
Thruway must take the Clinton/Bailey exit of the Thruway to
Bailey Avenue and travel to Dingens Street to James Casey
Drive to the East Side Transfer Station, while northbound
vehicles must exit at the Seneca
Street exit to Bailey Avenue and travel to Dingens Street to
James Casey Drive to the East Side Transfer Station.
It is hereby certified, pursuant to Section 3-19 of the Charter,
that the immediate passage of the foregoing ordinance is
necessary.
APPROVED AS TO FORM
NOTE: Matter underlined is new,
PASSED
AYES - 13 - NOES - 0
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By: Mr. Pitts
NO. 15
City/County Agreement for Operation of the East Side
Transfer Station
Whereas: The Mayor's proposed budget for 2001/2002
contains a
proposed takeover of the East Side Transfer Station (ESTS)
by the County, resulting in a projected savings of
approximately 2.8 million dollars; and
Whereas: The County is currently requesting bids for the
operation of
the ESTS, which process is expected to take a number of
weeks to finalize; and
Whereas: Once the bidding process is complete, the County
will notify
the City of the successful bidder and provide an operational
plan and protocol for the ESTS, subject to the approval of
the City; and
Whereas: Prior to the bidder's commencement of operations
at the
ESTS, the City and County must enter into an Intermunicipal
Cooperation Agreement ("IMCA"), and the City and County
are
in the process of negotiating an Intermunicipal Cooperation
Agreement, and;
Whereas: The final approval of the Mayor's budget by the
Council will
require approval of the County's operation of the ESTS; and
Whereas: The Council desires to approve the Mayor's
budget and the County takeover of the ESTS, subject to the
terms and
conditions to be negotiated between the City and County for
a
final IMCA,
Now Therefore Be It Resolved:
That the Common Council does hereby approve the Mayor's
Budget, which includes Erie County's takeover of the East
Side Transfer Station, subject to the development and
approval of a final Intermunicipal Cooperation Agreement
PASSED
AYES - 13 - NOES - 0
By: Mr. Pitts
NO. 16
Auditing of the Buffalo Municipal Housing Authority
Whereas: The City of Buffalo currently provides funding to
the Buffalo Municipal Housing Authority ("BMHA") for the
administration of state developments such as Frederick
Douglass Towers and Ferry/Grider and Kensington Heights;
and
Whereas: The City desires to ensure some separate
accountability for the use of these funds;
Now Therefore Be It Resolved:
That the City Comptroller and the State Comptroller be
authorized to perform audits on the financial activities of the
Buffalo Municipal Housing Authority
ADOPTED
By: Mrs. LoTempio
NO. 17
Discharge Committee of the Whole -
Mayor's Budget 2001-2002
Whereas: The above item is currently in the Committee of
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the Whole; and
Whereas: It is no longer necessary for this item to be
considered by that committee;
Now, Therefore, Be It Resolved:
That this Common Council does hereby discharge the
Committee of the Whole from further consideration of this
item, and said item is now before the Council. Seconded by
Adopted.
Seconded by
No. 18
COUNCIL AMENDMENTS TO MAYORS
RECOMMENDED BUDGET 2001-2002
That the attached Budget Amendments are hereby
Approved.
PASSED
AYES - 13 NOES - 0
Z
No. 19
MAYORS RECOMMENDED BUDGET AS AMENDED
That the attached Budget Amendments are hereby
Approved.
PASSED
AYES -13 NOES - 0
NO. 20
Adjournment
At 00 P.M., Mrs. LoTempio moved to Adjourn.
Seconded by
ADOPTED.
2001 - 2002 Budget Message
Majority Leader Rosemarie LoTempio
Mr. President, fellow Councilmembers, colleagues from the
Masiello administration, and all those who are watching
these proceedings today:
Finishing a budget process in 21 days is a remarkable
accomplishment. I salute all of my colleagues who have
stood with me through these days as we reshaped the
Mayor's budget to better fit the needs of our neighborhoods
and all of our citizens.
As I look at all we've done, 2 things stand out:
* I am proud to say that, despite increased costs of
everything from insurance to infrastructure, we have revised
the Mayor's budget without adding a penny to the tax rate. In
addition we've taken steps that will allow water rates to stay
the same, and through the Pay-As-You-Throw program,
those who recycle and conserve will be able to reduce their
garbage user fee. * Secondly, in order to maintain a decent
quality of life for our citizens, city services have been
maintained, and even improved.
Because the City labor force is already cut close to the
bone, we were careful to cut no live bodies through this
budget process. In fact, in the crucial area of building
inspections, we were able to add a new inspector. We have
also taken several steps that will make the delivery of
services more efficient that I will list throughout this
message. City residents should see an improvement in
services in the coming year without paying more for those
services.
The Council has not acted alone in shaping these
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accomplishments, however, and I would like to start by
thanking the other levels of government that have pitched in
to help us.
First of all, New York State has long played a key part in
balancing the City's budget and this year is no exception.
We are counting on the State to provide a $31 million
increase in aid this year. It is crucial that Governor Pataki
and the WNY delegation comes through with this sum that
Mayor Masiello has lobbied for in Albany. Layoffs and
devastation throughout the community are quite likely
without this aid. I can't emphasize enough how much the
continued survival of our City depends on constructive
action by the governor and the WNY delegation.
Secondly, Erie County has also played a constructive role
this year. The County's offer to lease the East Side Transfer
Station will cut our costs by $2 million this year, allowing us
to fund the Pay As You Throw reductions in the user fee. In
addition, the County is continuing to negotiate for the
transfer of Dunn Tire Park, a move that will save the City
substantial capital expenses in the future.
I am also hopeful for the first time that a breakthrough is
possible in the sales tax stalemate. I believe County
Executive Giambra will see the wisdom in the recent
compromise plan that this Council sent over for sharing in
the growth of the 8th penny of the sales tax. That plan will
reinforce recent County property tax cuts, provide financial
incentives for government consolidation, and still provide a
modest increase in funding for local governments and
school districts.
Finally, I'd like to compliment Mayor Masiello, who not only
provided a reasonable budget for us to work with, but also
helped identify revenue sources that allowed the Council to
fund some important initiatives. The Mayor has also moved
mountains in Albany with his lobbying efforts.
Before describing in more detail how Councilmembers have
reshaped the budget to meet the needs of their constituents,
I'd like to describe some of the more general positive
initiatives that the whole Council generated.
First, I would like to thank the members of the Council
Budget Committee who have worked patiently with myself
and Budget Director James Milroy to make sure that the
budget that is submitted to the Council is well thought out
and reflective of the needs of our city. It was through
discussion in the Budget Committee that we began
preparing for the revaluation of the City's properties - a
process that might have resulted in a devastating tax
increase this year.
Instead, a Reserve for Debt Service/Revaluation Account
was set up a couple years ago and great restraint was
shown last year in leaving it intact. It is really a remarkable
accomplishment that the tax levy was cut by, almost $ 10
million, yet the tax rate is staying the same.
A second major initiative in this budget that the Council
endorsed is the reduction in permit fees. While the new fees
have not yet been set, the reductions should go a long way
toward making Buffalo an easier place to do business.
A third important area of improvement involves keeping up
public properties. The Council recently authorized the hiring
of private contractors to maintain vacant lots in three Council
districts. This will allow city workers to do a better job in the
other 6 districts. In addition, in this budget we've made
provisions to do a better job keeping snow off sidewalks
-especially on bridges and viaducts. Buffalo needs to be a
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"walkable City" all year round, and we are aggressively
pursuing that goal. Another sign of our commitment on that
issue is the dollars we have included for better signage
around Buffalo's schools to protect our children as they walk
to and from school.
The Council has also provided for the purchase of four
snowmobiles to allow emergency personnel to get through in
the case of severe storms like the one we experienced this
past winter.
A fourth major initiative is funding the move of the Division of
Senior
Services to the Schiller Park Senior Center. Recent census
figures show that Buffalo's population is aging rapidly. It is
crucial that we offer a good quality of life to our citizens, as
they grow older. The move to Schiller should help us do just
that.
Fifth, I am proud of the way the Council handled the transfer
station issue. We included the unions in the process to
address their concerns not only for personnel, but also for
the future operations of the transfer station. Union workers
will now have a chance to participate in the rebidding
process that the County will initiate shortly. I thank the
County for its willingness to reexamine some of the issues
involved in the lease of the transfer station.
In working on the intermunicipal agreement, the Council also
insisted that the residents around the transfer station be
protected from nuisances that could wreck their quality of life
as the County offers local suburbs the chance to participate
in the cost savings at the transfer station. The Council is
also very interested in plans to create energy from the City's
waste as part of the intermunicipal agreement.
Sixth, in revising the Grant In Aid section of the budget the
Council faced a severe challenge in that several
organizations had been cut from the Block Grant budget to
bring that budget under a HUD imposed human service cap.
Despite having to fund those organizations while reshaping
the Grant In Aid budget, the Council increased the Mayor's
recommended Grant In Aid budget by only 4.6%.
Lastly, the entire Council is asking the Comptroller to audit
the $1.65 million subsidy that is given annually to the BMHA
despite the fact that the BMHA's responsibilities have
decreased markedly in recent years. This subsidy has been
a severe drain on the City's finances.
Now, turning to the changes that were made in each district:
In Delaware, Councilmember Coppola increased funding for
youth programming, infrastructure and parks improvements
In Ellicott, Councilmember Williams provided money for
Fruitbelt community infrastructure, businesses on Niagara
Street and a police satellite site at Jefferson and Best.
In Fillmore, Councilmember Ellington pushed for changes
that will improve infrastructure, beautify neighborhoods and
provide needed youth and senior programs.
In Lovejoy, Councilmember Fontana has funded a marketing
campaign to increase home ownership in the district and
has also provided funds for infrastructure.
In Niagara, Councilmember Bonifacio has provided for youth
training at the West Side Community Center, district
infrastructure, a senior program at CEM and increased
support for the city-wide Police Athletic League.
In North, Councilmember Golombek has expanded youth
programs, funded neighborhood infrastructure, and provided
for the successful West Side initiative to move north into
Black-Rock Riverside.
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In Masten, Councilmember Thompson has assured funding
for the Office of Urban Initiatives, a key institution in the
revitalization of businesses in the City's poorer
neighborhoods.
In South, Councilmember Martino has increased funding for
infrastructure, for the Tifft Nature Preserve, and for youth
and senior programs at the newly renovated Tosh Collins
Center.
In University, Councilmember Grant has funded a Lock
Program and the beautification of business strips. She has
also provided money to clean vacant lots and commercial
areas.
At-Large Councilmember Fisher earmarked funds for
marketing the Gold Coast initiative and developing Latino
businesses through the Olivencia Center. He also pushed
for a crime prevention program and 2 resource rooms for the
Board of Education.
At-Large Councilmember Gray has continued her focus on
inner city small business development by providing funds for
acquisition and demolition on the Jefferson Avenue
business strip.
Council President Pitts has proposed some exciting
initiatives designed to influence the City's direction far into
the future. In 1998, he launched the creation of Buffalo's
Green Gold Development Corporation, a non-profit
organization set up to assist, attract and develop "green"
businesses.
"Green" businesses are those that offer solutions to
environmental problems with innovative products, services
or technology.
This past year, the Green Gold board advocated the
creation of an Office of Sustainability for the City of Buffalo,
based on Sustainability Initiatives Across the Country, a
report produced by Randi Mail, Green Gold's Project
Coordinator. The report included case studies of cities that
have directed themselves on a sustainable path.
Sustainability puts equal emphasis on environmental quality,
economic health and social equity. By focusing on all three
of these factors, sustainability promotes economic and
community development that has a lasting positive impact
on people's lives.
This October, Learning Sustainability", a major conference
cosponsored by Green Gold and UB's Environment and
Society Institute, will kick off and celebrate our region's
sustainability effort. The Office of Sustainability will help put
the City of Buffalo ahead of the curve by identifying and
promoting strategies for sustainable development for the
region, as well as ways the city can improve its own
environmental performance. The Council included $150,000
for the Office of Sustainability in this budget.
In addition, one of the prime projects Green Gold is pursuing
is the redevelopment of the Buffalo Forge brownfield on
Broadway into an ecoindustrial park, where environmental
businesses work together to reinforce their marketing,
efficiency, waste reduction and business development
programs. This exciting initiative has received funds to
supplement current efforts to remediate the site and begin
detailed planning and recruitment of businesses.
I would also like to salute the Council President for using the
focus generated by the budget process to hash out a final
agreement on funding the City's housing services delivery
plan. For far too long, neighborhood residents have been
denied access to loans for fixing their properties while the
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City reorganized its support of NHS's and other community
based organizations. Thanks to Mr. Pitts' leadership, the
reorganization is set and resources should begin flowing
back into the neighborhoods.
In conclusion, it has been an exciting, exhausting and
challenging 21 days, but I believe our City will be better off
for our efforts. I believe we have succeeded in improving
services while protecting taxpayers and I think the results
will show on our City's streets and in our City's
neighborhoods for many years to come.
I would like to thank Council Staff for their tireless efforts
(Donna Davis, Chief of Staff, Bill Nowak, Legislative Staff
Manager, Milly Castro and Lisa Collin) - as well as the other
staff members who kept up the Council's other functions
during this process (Mary Lou Hooper, Mark Jaskula and
Jackie Rushton). I would also like to thank the Mayor's
office, the Budget office (Jim Milroy and Pam Asarese), the
Print Shop and Data Processing (Tom Cavaretta). Most of
all, I want to thank my fellow Councilmembers, who worked
hard to use the budget process to fund a vision of stronger
neighborhoods, more efficient services, and a City that is
poised to prosper. In my estimation, this budget will be an
excellent guide to the City's activities over the coming year.
It is certainly a genuine effort to improve the lives of the
people of this great city. If we are able to accomplish that,
we have truly succeeded.
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